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RFP for Smart Road Development in Sagar

Proposal for Design, Construction of Roads, Culverts, Sidewalks, MEP Works, PHE Works, Landscape, Multi Duct On Smart Road Concepts for ABD Area Under Sagar Smart City Limited, Sagar, Madhya Pradesh

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Antar Preet Singh

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0% found this document useful (0 votes)

27 views170 pages

RFP for Smart Road Development in Sagar

Proposal for Design, Construction of Roads, Culverts, Sidewalks, MEP Works, PHE Works, Landscape, Multi Duct On Smart Road Concepts for ABD Area Under Sagar Smart City Limited, Sagar, Madhya Pradesh

Uploaded by

Antar Preet Singh

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

Request for Proposal for Design, Construction of Roads, Culverts, Sidewalks, MEP Works, PHE Works, Landscape, Multi

Duct On Smart Road

Concepts for ABD Area Under Sagar Smart City Limited, Sagar, Madhya Pradesh

SAGAR SMART CITY LIMITED

REQUEST FOR PROPOSAL

For

Design, Construction of Roads, Culverts, sidewalks, MEP works, PHE works, Landscape, Multi duct on
Smart Road Concepts for ABD area under Sagar Smart City Limited, Sagar, Madhya Pradesh

RFP No: SSCL/TENDER/ --- /2019-20

VOLUME 1

January 2020

Issued by:
The Chief Executive Officer
Sagar Smart City Limited,
Old RTO Building, Near Tilli Tiraha, Sagar,
Madhya Pradesh-470002 Phone: 07582-298700
Email: [email protected]

SSCL/2019 -20/XXX Page 1 of 170

Request for Proposal for Design, Construction of Roads, Culverts, Sidewalks, MEP Works, PHE Works, Landscape, Multi Duct On Smart Road
Concepts for ABD Area Under Sagar Smart City Limited, Sagar, Madhya Pradesh

DISCLAIMER

1. Sagar Smart City Limited (SSCL) (hereinafter referred to as ‘Authority/ Employer used interchangeably’) has
issued this Request for Proposal (hereinafter referred to as ”RFP”) for Design, Construction of Roads,
Culverts, sidewalks, MEP works, PHE works, Landscaping , Multi duct on Smart Road Concepts for ABD area
under Sagar Smart City Limited , Sagar, Madhya Pradesh ”, on such terms and conditions as set out in this RFP
document, including but not limited to the technical specifications set out in different parts of this RFP document.

2. This RFP has been prepared with an intention to invite prospective Applicants/Bidders and to assist them in
making their decision on whether or not to submit a Bid. It is hereby clarified that this RFP is not an agreement and
the purpose of this RFP is to provide the Bidder(s) with information to assist them in the formulation of their Bids.
This RFP document does not purport to contain all the information Bidders may require. This RFP document may not
be appropriate for all persons, and it is not possible for the Authority to consider the investment objectives, financial
situation and particular needs of each Bidder.

3. The Authority has taken due care in preparation of information contained herein. However, this information is
not intended to be exhaustive. The interested parties are required to make their own inquiries and respondents will
be required to confirm in writing that they have done so and they do not solely rely on the information contained in
this RFP in submitting their Bid. This RFP includes statements, which reflect various assumptions and assessments
arrived at by the Authority in relation to the Project. Such assumptions, assessments and statements do not purport
to contain all the information that each Bidder may require.

4. This RFP is not an agreement by and between the Authority and the prospective Bidders or any other
person. The information contained in this RFP is provided on the basis that it is non–binding on the Authority, any of
its authorities or agencies, or any of their respective officers, employees, agents, or advisors. The Authority makes
no representation or warranty and shall incur no liability under any law as to the accuracy, reliability or completeness
of the information contained in the RFP document.

5. Each Bidder is advised to consider the RFP document as per his understanding and capacity. The Bidders
are also advised to do appropriate examination, enquiry and scrutiny of all aspects mentioned in the RFP document
before Bidding.

6. The Bidders are encouraged to take professional help of experts on financial, legal, technical, taxation, and
any other matters / sectors appearing in the document or specified work. The Bidders are also requested to go
through the RFP document in detail and bring to notice of the Authority, any kind of error, misprint, inaccuracies, or
omission in the document. The Authority reserves the right not to proceed with the project, to alter the timetable
reflected in this document, or to change the process or procedure to be applied. The Authority also reserves the right
to decline to discuss the project further with any party submitting a Bid.

7. No reimbursement of cost of any type will be paid to persons, entities, or consortiums submitting a Bid. The
Bidder shall bear all costs arising from, associated with or relating to the preparation and submission of its Bid
including but not limited to preparation, copying, postage, delivery fees, expenses associated with any
demonstrations or presentations which may be required by the Authority or any other costs incurred in connection
with or relating to its Bid.

8. Issue of this RFP does not imply that the Authority is bound to select and pre-qualify Bids for Bid stage or to
appoint the Selected Bidder, as the case may be, for the project and the Authority reserves the right to reject all or
any of the Bids without assigning any reasons whatsoever.

SSCL/2019 -20/XXX Page 2 of 170

9. The Authority may, in its absolute discretion but without being under any obligation to do so, update, amend
or supplement the information, assessment or assumptions contained in this RFP.

10. The Authority, its employees and advisors make no representation or warranty and shall have no liability
(for any cost, damage, loss or expense which may arise from or is incurred or suffered on account of anything
contained in this RFP or otherwise, including but not limited to the accuracy, adequacy, correctness, completeness
or reliability of the RFP and any assessment, assumption, statement or information contained therein or deemed to
be part of this RFP or arising in any way with eligibility of Bidder for participation in the Bidding Process) towards
any applicant or Bidder or a third person, under any law, statute, rule, regulation or tort law, principles of restitution
or unjust enrichment or otherwise.

11. The Authority also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder upon the statement contained in this RFP.

12. Interested parties, after careful review of all the clauses of this ‘Request for Proposal’, are encouraged to
send their suggestions in writing to the Authority. Such valid suggestions if so required, after review by the Authority,
may be incorporated into this ‘Request for Proposal’ as a corrigendum, which shall be uploaded onto the e-tendering
website.

SSCL/2019 -20/XXX Page 3 of 170

SAGAR SMART CITY LIMITED

Design, Construction of Roads, Culverts, sidewalks, MEP works, PHE works, Landscaping, Multi duct on Smart Road
Concepts for ABD area under Sagar Smart City Limited, Sagar, Madhya Pradesh

INDEX

Sl No Details Page No
1 Disclaimer 2
2 Important Details with dates 5
3 Notice Inviting Tender (NIT) 7
4 Section-2- Instructions to Bidders(ITB) 8
5 Section-3- Bidding Formats 30
6 Section-4- Conditions of Contract-1 General Conditions of Contract 87
7 Section-5- Special Conditions of Contract 133
8 Section-6- Contract Data 157
9 Section-7- Contract Agreement Format 166
10 Section-8- Specifications 169
11 Section-9- Bill Of Quantity 170

SSCL/2019 -20/XXX Page 4 of 170

SAGAR SMART CITY LIMITED

Old RTO Building, Near Tilli Tiraha, Sagar, Madhya Pradesh-
470002, Phone: 07582-298700, Email:
[email protected]

NIT NO.: SSCL/TENDER/---/2019-20

Design, Construction of Roads, Culverts, sidewalks, MEP works, PHE works, Landscaping, Multi duct on Smart
Road Concepts for ABD area under Sagar Smart City Limited, Sagar, Madhya Pradesh
National Competitive Bidding

Design, Construction of Roads, Culverts, sidewalks, MEP

Name of The Work works, PHE works, Landscaping , Multi duct on Smart Road
Concepts for ABD area under Sagar Smart City Limited ,
Sagar, Madhya Pradesh

Estimate Value of Works INR 85.63 Cr. excluding GST

Information can be downloaded from the e-tendering portal of

Tender website Government of Madhya Pradesh website
https:// www.mptenders.gov.in
Cost of non- refundable INR 50,000.00 (Rupees Fifty Thousand only) to be paid only
tender document and through Online e-Tendering Payment Gateway for the Tender
mptender.gov.inTender Document and Processing fee as per the E Portal
Processing Fee + GST

Online Bid Submission Through (e-tendering portal) https:// www.mptenders.gov.in

INR 42,81,500 (Rupees Forty Lakhs Eighty one Thousand

Amount of Earnest Money Five Hundred Only), Bid security will have to be Paid online
through https:// www.mptenders.gov.in e-portal. Copy of the
Deposit
EMD paid online to be submitted along with the Technical
Proposal as per the time and location specified in the Data
Sheet

Validity of offer 180 days from the date of Submission of price bid

Contract period 18 months (540 days) including the Monsoon Period for
Constructions of the Project

Sale of tender documents 28/01/2020 10:00 hours to 28/02/2020 17:00 hours

Last date for submission of

Clarifications/Pre-Bid 11/02/2020, 18:00 hours
Queries by Bidders
12/02/2020 at 12:00 Hrs,
Pre Bid Meeting Date and Chief Executive Officer,
Sagar Smart City Limited,
Timing, Venue
Old RTO Building, Near Tilli Tiraha,
Sagar, Madhya Pradesh-470002

SSCL/2019 -20/XXX Page 5 of 170

Bidders are to send their queries separately for technical /

Clarifications of queries commercial / general as per the Format – in editable excel
sheet as well as in pdf format by mail to:
[email protected]
Last date & time of
submission of Online Tender 28/02/2020, 17:00 hours
(Bid Submission)
Period during which hard
copy of the documents as
Before 04/03/2020 17:30 hours
per NIT shall be submitted.
(With all technical
credentials)
Date & Time of Opening of
02/03/2020 , 15:00 hours
technical Proposal / Tender

Date & Time of Opening of

Will be intimated to the Qualified Bidders
Financial Proposal/ Tender
Would appear only in the web site
Corrigendum, and Tender https://www.mptenders.gov.in (e-procurement portal) and not
Related information’s if any, to be published in any News Paper

Chief Executive Officer,

Sagar Smart City Limited,
Queries/ Clarifications to be Old RTO Building, Near Tilli Tiraha,
Addressed, and Pre Bid Sagar, Madhya Pradesh-470002
Meeting , Bid Opening Venue Phone: 07582-298700
Email: [email protected]

SSCL/2019 -20/XXX Page 6 of 170

SAGARSMARTCITYLIMITED(SSCL)
NOTICE INVITING TENDER (NIT)
NIT No. SSCL/TENDER/ ---- /2019-20
1) The chief executive officer, SSCL invites online tender from ‘eligible’ contractors as detailed in the
request for proposal document and who have executed Road / civil construction works for central /
state/public sector undertakings/semi government for the following work as per the schedule attached
here to.
2) The tender documents can be downloaded from (e-procurement) https://www.mptenders.gov.in on or
before February 28, 2020 up to 17:00:00 hours.
3) The bidders shall submit the bid/tender security amount (EMD) of INR 42,81,500 online payment using
net banking/RTGS/NEFT. Copy of the EMD paid online to be submitted along with the technical proposal
as per the time and location specified in the datasheet. EMD shall be valid for a period not be less than
240 (two hundred and forty) days from the last date of submission of proposals, inclusive of a claim
period of 60 (sixty) days, and may be extended as may be mutually agreed between the SSCL and the
bidder.
4) Pre bid meeting shall be conducted on February 12, 2020 at 12:00:00 hours at the designated place.
5) Tender/bids must be electronically submitted (on-line through e-procurement web-site) https://
www.mptenders.gov.inon or before date February 28, 2020 up to 17:00:00 hours.
6) The tender /bids will be opened on March 02, 2020, 15:00:00 hours in the presence of the Bidders who
wish to attend at the office of the CEO, SSCL, Sagar.
Project details:
Estimated Amount of Cost of tender
Sr. Contract
Name of Construction Work Cost of the Earnest Money document (Online
No. period
work Deposit Payment Mode)
1. Design, Construction of INR 85.63 18 months INR 42,81,500 Rs 50,000/- and
Roads, Culverts, Crores including the Tender process fee
sidewalks, MEP works, Monsoon as per the E –portal-
PHE works, Landscaping,
Period +GST by Online
Multi duct on Smart Road Payment
Concepts for ABD area
under Sagar Smart City
Limited, Sagar, Madhya
Pradesh

Executive Director

Sagar Smart City Limited, Sagar

SSCL/2019 -20/XXX Page 7 of 170

SECTION 2

INSTRUCTIONS TO BIDDERS (ITB)

SSCL/2019 -20/XXX Page 8 of 170

SECTION 2 INSTRUCTIONS to BIDDERS (ITB)

1. Instructions to the Contractors/Bidders for the e-submission of the bids online through the Central Public
Procurement Portal for eProcurement https:// www.mptenders.gov.in
1.1. Possession of valid Digital Signature Certificate (DSC) and enrollment/registration of the contractors/bidders
on the e procurement / e tender portal is a prerequisite for e-tendering.
1.2. Bidder should do the enrollment in the eProcurement site using the “Click here to Enroll” option available on
the home page. Portal enrollment is generally free of charge. During enrollment / registration, the bidders
should provide the correct/true information including valid email_id. All the correspondence shall be made
directly with the contractors/bidders through email_id provided.
1.3. Bidder need to login to the site through their user ID/ password chosen during enrollment /registration.
1.4. Then the Digital Signature Certificate (Class II or Class III Certificates with signing key usage) issued by
SIFY/TCS / nCode / e Mudra or any Certifying Authority recognized by CCA India one Token / Smartcard,
should be registered.
1.5. The DSC that is registered only, should be used by the bidder and should ensure safety of the same.
1.6. Contractor/Bidder may go through the tenders published on the site and download the required tender
documents/schedules for the tenders he/she is interested.
1.7. After downloading / getting the tender document/schedules, the Bidder should go thro’ them carefully and
then submit the documents as asked.
1.8. If there are any clarifications, this may be obtained online thro’ the tender site, or thro’ the contact details.
Bidder should take into account of the corrigendum published before submitting the bids online.
1.9. Bidder then logs in to the site through the secured log in by giving the user id/ password chosen during
enrolment/registration and then by giving the password of the e Token / Smart Card to access DSC.
1.10. Bidder selects the tender which he/she is interested in by using the search option & then moves it to the ‘my
space’ folder.
1.11. From the my space folder, he selects the tender to view all the details indicated.
1.12. It is construed that the bidder has read all the terms and conditions before submitting their offer. Bidder
should go through the tender schedules carefully and upload the documents as asked, otherwise, the bid will
be rejected.
1.13. Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender
document/schedule and generally, they can be in PDF formats. If there is more than one document, they can
be clubbed together and can be provided in the requested format. Each document to be uploaded through
online for the tenders should be less than 2 MB. If any document is more than 2MB, it can be reduced
through zip/rar and the same can be uploaded, if permitted.
1.14. If there are any clarifications, this may be obtained through the site, or during the pre-bid meeting if any.
Bidder should take into account the corrigendum published from time to time before submitting the online
bids.
1.15. The Bidders can update well in advance, the documents such as certificates, annual report details etc.,
under My Space option and these can be selected as per tender requirements and then send along with bid
documents during bid submission. This will facilitate the bid submission process faster by reducing upload
time of bids.
1.16. Bidder should submit the Tender Fee/ EMD as specified in the tender. The original should be
posted/couriered/given in person to the Tender Inviting Authority, within the bid submission due date & time
for the tender. Scanned copy of the instrument should be uploaded as part of the offer, if asked for. If the last

SSCL/2019 -20/XXX Page 9 of 170

day for receiving tenders is declared a holiday, the next working day at the same time will be the last date &
time for the receipt of Tender Fee/EMD in physical form in the prescribed envelop.
1.17. While submitting the bids online, the bidder reads the terms & conditions and accepts the same to proceed
further to submit the bid packets.
1.18. The bidder has to select the payment option as online to pay the TFEE/ EMD as applicable and enter
details of the instruments.
1.19. The bidder has to digitally sign and upload the required bid documents one by one as indicated. Bidders to
note that the very act of using DSC for downloading the bids and uploading their offers shall be deemed to
be a confirmation that they have read all sections and pages of the bid document including General
conditions of contract without any exception and have understood the entire document and are clear about
the requirements of the tender requirements.
1.20. The bidder has to upload the relevant files required as indicated in the cover content. In case of any
irrelevant files, the bid will be rejected.
1.21. If the price bid format is provided in a spread sheet file like BoQ_xxxx.xls, the rates offered should be
entered in the allotted space only and uploaded after filling the relevant columns. The Price Bid /BOQ
template must not be modified/replaced by the bidder, else the bid submitted is liable to be rejected for this
tender.
1.22. The bidders are requested to submit the bids through online e-tendering system to the Tender Inviting
Authority(TIA) well before the bid submission end date & time (as per Server System Clock). The TIA will
not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by
the bidders at the eleventh hour.
1.23. After the bid submission, the acknowledgement number, given by the e tendering system should be printed
by the bidder and kept as a record of evidence for online submission of bid for the particular tender and will
also act as an entry pass to participate in the bid opening date.
1.24. The bidder should ensure/see that the bid documents submitted should be free from virus and if the
documents could not be opened, due to virus, during tender opening, the bid is likely/liable to be rejected.
1.25. The time settings fixed in the server side & displayed at the top of the tender site, will be valid for all actions
of requesting, bid submission, bid opening etc., in the e-tender system. The bidders should follow this time
during bid submission.
1.26. All the data being entered by the bidders would be encrypted using PKI encryption techniques to ensure the
secrecy of the data. The data entered will not viewable by unauthorized persons during bid submission &
not be viewable by any one until the time of bid opening.
1.27. Any bid document that is uploaded to the server is subjected to symmetric encryption using a system
generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid openers
public keys. Overall, the uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
1.28. Encryption technology is used. Data storage encryption of sensitive fields is done.
1.29. The bidder should logout of the tendering system using the normal logout option available at the top right
hand corner and not by selecting the (X) exit option in the browser.
1.30. For any technical related queries please call the Helpdesk. The 24 x 7 Help Desk Number
120-4200462, 0120-400100, 120-4001005, 0120-6227787, e mail : [email protected]

Chief Executive Officer

Sagar Smart City Limited,

SSCL/2019 -20/XXX Page 10 of 170

2. General Description of works

2.1. The Project

2.1.1 Sagar is one of the selected cities under Smart City Mission. For the purpose of implementing the Smart
Cities project, the Sagar Smart City Limited (SSCL) a Special Purpose Vehicle (SPV) for Sagar Smart
City Project has been incorporated as a public limited company, under the Indian Companies Act, 2013.
SSCL has received funds from Government of India and Government of Madhya Pradesh (GoMP) for
the development of Sagar as a smart city. SSCL intends to apply part of this fund to develop its major
ABD roads into Smart Roads. In the first phase, five road stretches have been identified to be developed
as smart roads. The roads are to be constructed as per the street design / drawings (Annexure N)
attached in this document following the street design guidelines. The attached street design considers
the following three levels of transport (i) Pedestrian (ii) Cycle track (iii) Public transport users and lastly
the motorized vehicles. It should include the necessary infrastructures/amenities like landscaping, water
supply, storm water drainage, underground utility duct, fire-fighting etc.
2.1.2 The Defect Liability Period (DLP) shall be for a period of 3 (Three) Years from the date of actual
completion of the work and taking certificate issued by the SSCL. The completion of work shall be
reckoned from the date of issue of completion certificate by the SSCL. The Bidder shall not claim the cost
of works/items covered under the DLP.
2.2. Scope of work of Bidder
2.2.1 The scope of project is to Widen and resurface the existing road as per latest GoI and GoMP guidelines,
rules, and regulations. The road work would include resurfacing of existing roads, widening of roads,
development of Junctions, construction of divider and footpath, shifting of Overhead cables to
underground utility duct, laying of multi-duct, installation of street lights and fire hydrant system.
Development of roads must have to consider a complete modification/up gradation of the roads with
utility ducts to underground electricity and communication cables.
2.2.2 Undertake all required engineering surveys and investigations such as geotechnical investigation, soil
survey, construction material survey, ground water investigation i.e. hydro-geological investigations,
identification of underground utilities and their mapping, required to accomplish the project successfully
including sufficient off-site information to allow relationship with possibly useable off-site infrastructure to
be established.
2.2.3 Procurement of all necessary approvals, sanctions, permits etc. required for commencing and
implementing the Project within 30 days from the Commencement Date.
2.2.4 Successful Bidder shall be mobilizing all the required resources for the Project and complete the project
within 18 months from the Commencement Date.
2.2.5 Start construction within 10 days from the Commencement Date.
2.2.6 Bidder shall also provide the arrangements for inauguration by SSCL Authorities for the Project
Construction, Completion and handing over of the Project at no extra cost to Employer.
2.2.7 The Bidder shall provide for entire pre-tender / post-tender activity contract period, One four wheeler light
vehicles along with full time drivers, fuel, toll tax fees and its maintenance costs involved if any
exclusively for concerned SSCL staff for transportation to & fro, supervision / site visits or any other
bonafide works of SSCL related to the project at no extra cost including any additional vehicles for the
Visiting dignitaries for the Site Visit without any additional cost. In case of failure, the vehicle shall be
taken on rental basis by SSCL at Bidder’s cost.
2.2.8 Construction from the concept stage to commissioning services including planning, execution, concrete
mix designs, use of ready-mix concrete and any other required activities required for the Project.

SSCL/2019 -20/XXX Page 11 of 170

2.2.9 Construction & Implementation of quality control & quality assurance from other statutory organization &
technical compliances.
2.2.10 The land free of all encumbrances for the proposed project shall be provided by the SSCL for the
purpose of implementation of the project.
2.2.11 The above scope of work is in brief and the details explicitly not mentioned but required for completion of
the project is to be executed by the Bidder. Bidder shall provide sufficient Covered built up area with all
the required Furniture and Fitments for the Site office of the Bidder, Site office with meeting Halls for
Employer requirements at no extra cost to Employer. Bidder shall get the approvals from the Employer
for the Site Office requirements with the drawings prior to start the Construction.
2.2.12 Drawings for key components for the work are available for viewing by the Bidder. The bidder is required
to make his own assessment of work before bidding and should prepare GFC drawings& the bidder shall
not be entitled for claim on account of any deficiency / discrepancy in the data /information available in
Bidding Document

2.3. Source of Funds

2.3.1 SSCL has earmarked funds towards eligible payments under the contract(s) for which Budget is
allocated in the Smart City Proposal under for which these Tendering Documents are issued.
2.4. Qualifications of the Bidder
2.4.1 The Bidder, to qualify for award of Contract, shall submit written Powers of Attorney authorizing the
signatories of the Tender. If the Bidder is to be a Company established under the Companies Act
1956/2013 or Partnership or Limited Liability Partnership registered under applicable laws of the
Country, duly signed and Notarized agreement documents should be submitted in E-Pocket B. Joint
Ventures or Consortiums are not allowed.
2.4.2 Each Bidder is required to confirm and declare, as stated in the Form of Tender, that no agent,
middleman or any intermediary has been, or will be, engaged to provide any services, or any other item
or work related to the award and performance of this Contract. The Bidder will have to further confirm
and declare, as stated in the Form of Tender, that no agency commission or any payment which may be
construed as an agency commission has been, or will be, paid and that the financial statements will not
include any such amount. If the Employer subsequently finds to the contrary, the Employer reserves the
right to declare the Bidder as non-compliant, and declare any Contract null and void, if already awarded
to the Bidder.
2.4.3 Canvassing or offer of an advantage or any other inducement by any person with a view to influencing
acceptance of a Tender is an offence under the laws of India and any such action will result in the
rejection of the Tender, in addition to other punitive measures.
2.5. Cost of Tendering
2.5.1 The Bidder shall bear all costs associated with the preparation and submission of his Tender and the
Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of
the Tendering process.
2.6. Site Visits
2.6.1 The Bidder is advised to visit and examine the Site of Works and its surroundings and obtain for himself
on his own responsibility all information that may be necessary for preparing the Tender and entering
into a contract for the proposed Works. The costs of visiting the Site shall be borne by the Bidder. It shall
be deemed that the Bidder has undertaken a visit to the Site of Works and is aware of the site conditions
and all other relevant matters, prior to the submission of his Tender.

SSCL/2019 -20/XXX Page 12 of 170

2.6.2 The Bidder and any of his personnel will be granted permission by the Employer to enter upon his
premises and lands for the purpose of such inspection, but only upon the express condition that the
Bidder, and his personnel, will release and indemnify the Employer and his personnel from and against
all liability in respect thereof and will be responsible for death or personal injury, loss of or damage to
property and any other loss, damage, costs and expenses incurred as a result of the inspection.
2.6.3 The Bidder shall take note of the General Conditions of Contract and Particular Condition of Contract,
according to which the Bidder shall be deemed to have taken into account all the Site Data. The Bidder
shall also consider the social and the cultural environment of India that may affect his Tender or Works.
2.7. Site Information
2.7.1 Work Site
2.7.1.1 The project site is located in Sagar, Madhya Pradesh State, India. The location of the work and the
general site particulars are shown in the Annexure.
2.7.1.2 The Contractor shall plan his works taking into account restrictions of approach to site, if any, imposed
by the local Authorities and availability of space and time.
2.7.1.3 Land parcels earmarked for this project are shown in the Annexure.

2.8. General Climatic Conditions

2.8.1 The climate of Sagar city is mild, and generally warm and temperate. The winters are rainier than the
summers in Sagar. The Köppen-Geiger climate classification is Csa. The average annual temperature in
Sagar is 25.2 °C. About 1202 mm of precipitation falls annually. Precipitation is the lowest in April, with
an average of 2 mm. The greatest amount of precipitation occurs in August, with an average of 439 mm.
At an average temperature of 34.0 °C, May is the hottest month of the year. The lowest average
temperatures in the year occur in January, when it is around 17.9 °C. The cold season is from December
to February and is followed by the hot season from March to May. The southwest monsoon season is
from June to September, while the period October-November constitutes the post-monsoon season.
Sagar city gets rainfall during the period of June to September due to the southwest monsoon.
2.8.2 The Contractor shall collect all necessary information regarding climate condition, wind, rainfall, cyclone,
humidity, visibility, high tide & low tide information etc. from the approved sources, and design and
construct accordingly

2.9. Seismic Zone

2.9.1 Sagar City falls in Seismic Zone III.

2.10. Eligibility Criteria

To be Eligible, the Bidder shall have the following Minimum, Technical & Financial Qualifications
2.10.1 Minimum Eligibility
The Bidder shall be a Company established under the Companies Act 1956/2013 or Partnership firms
registered under applicable laws of the Country or Limited Liability Companies as aforesaid shall be
eligible to apply. Information regarding the constitution of the Applicant/firm e.g. Partnership firm, Private
Ltd. etc. along with proof of the same such as copies of registration/ partnership deed etc. to be submitted
along with the Technical Proposal. Bidder should have executed Civil construction works for the Central /
State/Public Sector Undertakings/Semi Government

SSCL/2019 -20/XXX Page 13 of 170

2.10.2 Technical capacity

2.10.2.1 General Experience: The experience under construction contracts shall be at least the last Seven (7)
years from the date of Bid submission.
2.10.2.2 The Bidder should have the following Similar Project Specific experience: Experience under contracts
in the role of contractor (single entity or JV member or Consortium) for design and construction of
Road, Bridges, Sidewalks and associated civil works.
Note: Similar Work - Similar Work means design and construction of Road, Bridges,
Sidewalks, associated civil works.

2.10.2.2.1 One completed work of similar nature of costing not less than 80 % of the estimated cost.
OR
2.10.2.2.2 Two similar completed works of similar nature each costing not less than 50% of the
estimated cost.
OR
2.10.2.2.3 Three similar completed works of similar nature each costing not less than 40% of the
estimated cost

Note: Completed works will be Updated to the FY in which the tenders are invited. Contract
Value of previous years shall be given a weight of 10% per year to bring them to the price level
of the FY in which the tenders are invited.

2.10.2.3 Bidder / Associate / Member claiming construction experience should have been appointed as a
contractor (either as principal contractor or as a consortium partner in the main contract) directly by
the owner of the project / entity constructing such project. Any sub-contracting experience under
contracts not executed directly with the owner of the project /entity constructing the project shall not
be considered for the Clause 2.10.2.2 while computing the Technical Capacity, except for the Clause
2.10.2.4.

2.10.2.4 The Bidder:

a) shall provide an undertaking in its Technical Bid to the effect that prior to signing of the
Contract Agreement, it shall appoint an experienced Sub-Contractor, who has executed
Electrical Works including shifting of LT or HT lines of Value of Rs 10 (Rupees Ten) Crores
during the last 7 years prior to the Bid submission date and such sub-contractor should
possess required valid electrical license for executing electrification works during the last 7
years prior to the Bid submission date. The Bidder shall produce documentary evidence to
substantiate the experience of the proposed sub-contractor prior to signing of the Contract.
The undertaking to be provided under this Clause shall be duly notarized on a non-judicial
Stamp Paper of INR 100 or above; and

b) shall provide an undertaking in its Technical Bid to the effect that prior to signing of the
Contract Agreement, it shall appoint an experienced Sub-Contractor, who has executed
executed the Fire Hydrant System of Value of Rs 2 (Rupees Two) crores during the last 7
years prior to the Bid submission date. The Bidder shall produce documentary evidence to
substantiate the experience of the proposed sub-contractor prior to signing of the Contract.
The undertaking to be provided under this Clause shall be duly notarized on a non-judicial
Stamp Paper of INR 100 or above.

SSCL/2019 -20/XXX Page 14 of 170

2.10.2.5 At any point of time during the execution of the Project, the Bidder shall not be allowed to change the
sub-contractors appointed in accordance with the undertakings under Clause 2.10.2.4, without prior
written approval of SSCL.

2.10.3 Financial capacity

2.10.3.1 The Bidder shall have a minimum average annual construction turnover of INR 25.69 Cr. (Rupees
Twenty-Five Crore and Sixty-Nine Lakh only) in all classes of civil engineering construction works,
Mechanical & Electrical Equipment works only, in the last three financial years at the time of bid
submission date, starting from 2016-17 to 2018-2019. The ‘last financial year’ will be 2018-2019.
To ascertain this, Bidder(s) shall submit the Letter duly certified by a Chartered Accountant in support
of the requisite financial Turnover along with the Audited balance sheet duly certified by Chartered
Accountant. Turnover, for financial 2018-2019 shall be considered subject to submission of
provisional/audited certificate from chartered accountant by the Bidder.
2.10.3.2 Bidders should submit a letter from the Bank demonstrating their willingness to provide Credit
facilities for Rs15 (Rupees Fifteen) Crores as the working capital for this project.
2.10.3.3 Bid Capacity or Available Tender capacity = (AxNx2)-B. Available Tender capacity should be ≥
Estimated project cost of Rs 85.63 Crores where
A = Maximum value of civil engineering works executed in any one year during the last
five years taking into account the completed as well as works in progress.
N = Number of years prescribed for completion of the works for which tenders are invited. -
18 months
B = Value of existing commitments and on-going works to be completed during the next
18 months (period of completion of the works for which Tenders are invited)
2.10.3.4 The Bidder should attach Certificate from their Chartered Accountant for the Annual Turnover
Certificate for the in all classes of civil engineering construction works, Mechanical & Electrical
Equipment works only as per the turnover submitted to the Registrar of Companies (ROC) along with
this Tender and shall be final for the Bid evaluation. Necessary supporting documents duly signed
under seal, by a Charted Accountant in original shall be enclosed while submitting the bid.
2.10.3.5 Certificate form the Chartered Accountant in support of the Net worth and Positive Cash Accruals is to
be submitted in E-Pocket B along with the Balance Sheets of the last 3 years which have been
certified by the Chartered Accountants/ Statutory Auditors (as applicable) of the Bidding entity.
2.10.3.6 SSCL shall have a right to seek clarifications from Bidders on the experience claimed by the Bidders
for demonstrating the Threshold Technical Capacity, and in case such clarification is not provided by
the Bidder, SSCL reserves the right to not consider such experience for verifying the Technical
Capacity of the Bidder.
2.10.3.7 Firm/contractor should submit requisite details/documents with respect to eligibility criteria like,
average financial turnover of Civil Construction works, details of completed works executed with,
works under execution or awarded, details of construction plants and equipment, structure and
organization, performance report of work completed or under execution. Bidders should submit all
requisite and necessary details/documents with respect to the eligibility criteria. The said details to be
submitted in prescribed forms appended with this tender document. The details of the requisite forms
are as per the format given in this RFP:
I. Qualification information
II. Banker’s certificate (solvency certificate)
III. Income tax return for last 3 (three) financial years
IV. Details of similar works executed

SSCL/2019 -20/XXX Page 15 of 170

V. Details of all works executed during last 7 (seven) years

VI. Existing commitments and on-going works
VII. Information regarding current claims, arbitration & litigation, if any
VIII. Affidavit of having provided all correct information
Note: 1. All aforesaid Annexure must bear the seal and signature of the Bidder or a duly authorized
person. Bidders to ensure that all the documents to be Numbered serially and upload in the web site as
part of the Technical Proposal. Bidder must ensure providing complete information in Annexure
mentioned above along with their signatures [under seal] wherever required, before submission of
tender.

2.10.3.8 Bidders shall have the Manpower Capability, and must produce documentary evident having the
following staff on their establishment prior to submission of bid and during the duration of contract and
should submit undertaking stating that this staff or equivalent will be deployed on site after award of
contract as per necessity and instruction of Engineer in Charge. Key personnel should have
experience in similar type of work i.e. in Smart Roadwork’s.

Sr. No. Key Educational Experience in Assignments Experience in similar

Personnel Qualification position
1 Project Degree in Civil Minimum 15 years of professional
Manager Engineering experience.
preferably with Minimum 10 years of experience in
post-graduation planning, design, construction
degree in supervision, contract management
Structural/ and execution of road and Bridge
Construction structures.
Engineering
Should have been Project Manager / 5 year
Team Leader for a minimum of 5
years working on at least two
projects. Should have experience in
road construction
and Bridge structures projects
2 Construction Degree in Civil Minimum 12 years of professional 4 year
Manager Engineering, experience
post-graduation Minimum 8 years’ experience in
degree in the construction of Road and
Structural Bridges,
Engineering /
Construction Mgt
is added
advantage .
3 Highway Degree in Civil Minimum 15 years of professional 5 year
Engineer Engineering with experience
(Design) post-graduation
degree in Minimum 8 years’ experience in
Transportation construction of highway, roads
Engineering/
Highway
Engineering

SSCL/2019 -20/XXX Page 16 of 170

4 Engineering Degree in Civil Minimum 15 years of professional 5 year

Manager Engineering experience
(Design) with post- Minimum 8 years’ experience in
graduation construction of highway, roads
degree in
Structural
Engineering

5 Construction Degree in Civil Minimum 10 years’ of 3 year

Quality Control Engineering professional experience
Manager Minimum 6 years’ experience in
administering Quality Control
Programs for civil works civil works
primarily bridge and road
works.
6 Safety Degree/ Minimum 8 years’ of construction 3 year
Manager Diploma in experience.
Construction Should have minimum five(5) years’
Safety / experience in construction safety
Equivalent works
The Safety Manager shall be
knowledgeable of, and have
experience in, the development and
application of ISO 9001 and
OHSAS standards for the
construction of civil works.
7 Sr. Electrical Degree in Minimum 8 years of professional 3 year
Engineer Electrical experience.
Engineering Should have minimum 6 years’ of
preferably relevant experience
with post-
graduation
degree
8 Sr. Degree in Minimum 8 years of professional 3 year
Mechanical Mechanical experience.
Engineer Engineering
preferably Should have minimum 5 years’ of
with post- relevant experience
graduation
degree
9 Sr. Surveyor Diploma / Minimum 10 years of professional 3 year
Degree in Civil experience.
Engineering
Should have minimum 7 years’ of
relevant experience
10 Quantity Degree in Civil Minimum 10 years of professional 5 year
Surveyor Engineering experience.
preferably with
Post Graduation Should have minimum 7 years’ of
in Quantity relevant experience
Surveying/
Equivalent
11 Material Degree in Civil Minimum 10 years of professional 3 year
Engineer Engineering experience.
preferably with
post- Should have minimum 7 years’ of
graduation relevant experience
degree Similar experience on same
position

SSCL/2019 -20/XXX Page 17 of 170

2.10.3.9 Even though the Bidder meets the above qualifying criteria, they are subject to be disqualified if
they have:
(i) Made misleading or false representations in the Forms, Statements and Attachments submitted
in Proof of the Qualification Requirements;
And / or
(ii) Record of poor performance such as Abandoning the Works, not properly completing the
Contract / unsatisfactory qualify of the work, Inordinate Delays in Completion, claim Litigation
History, or Financial Failures etc. in any department of the Government of Madhya Pradesh or any
of the state Govt. organization/services/corporations/local body etc. (by whatever names these are
called) within Maharashtra.
And / or
(iii) Participated in the previous bidding for the same work had quoted unreasonably high or low bid
prices and could not furnish rational justification for it to the agency.
2.10.3.10 Bidder must ensure giving complete information on form's mentioned under 2.10.3.7 along with
their signatures wherever required on forms, before submission of tender. In case, any deficiency
noticed after opening of tender then no opportunity will be provided to Bidder to make good the
same and the firm/contractor shall be considered ineligible.
2.10.3.11 If any information furnished by the Bidder is found incorrect at a later stage, he shall be liable to be
debarred from further tendering. The Employer reserves the right to verify the contents/particulars
furnished by the Bidder independently including out inspection of works completed by them.
2.10.3.12 The Employer reserves the right to reject any application/tender without assigning any reason.
2.10.3.13 The Bidder shall have GST Registration, EPF Registration Certificate & PAN Card, ESIC certificate
and to be submitted as part of the Technical Proposal.
2.10.3.14 The Bidder should be registered with the Provident Fund Commissioner and should submit copy of
the registration along with the Technical bid. In case the bidder has less than 20 persons in his
employment, he shall submit an affidavit to this effect in lieu of registration.
2.10.3.15 In the event of the death of a Contractor after executing the Agreement/Commencement of the
Work, his Legal Heir, if an Eligible Registered Contractor, who is also willing to take the incomplete
works, can execute and complete the work at the accepted Tender Rates irrespective of the Cost of
the Work.
2.10.3.16 To qualify for the Contract for which Tenders are invited in this IFT, the Bidder must demonstrate
having Experience and Resources to meet the Aggregate of the Qualifying Criteria for the Contract.
2.10.3.17 Eligible Plant, Equipment and Services- It is desired that the successful bidder selects a
manufacturer for supply of equipment from the list of preferred experienced manufacturers given in
Section-7 of the Bid document.

2.11. One bid per bidder

2.11.1 The bidder can be an individual entity or a joint venture (if permitted as per Bid Data sheet). In case the
J.V. is permitted, the requirement of joint venture shall be as per the Bid Data Sheet.

2.11.2 No bidder shall be entitled to submit more than one bid whether jointly or separately. If he does so, all
bids wherein the bidder has participated shall stand disqualified.

2.11.3 In case of Bid submitted by the Joint Venture all the members should be essentially registered with the
Government of Madhya Pradesh, PWD in appropriate class.

SSCL/2019 -20/XXX Page 18 of 170

2.12. 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/SSCL.

2.13. Clarification of Tender Documents

2.13.1 A Pre-bid meeting of the interested parties shall be convened at the designated date, time and place.
During the course of Pre-bid meeting, the Bidders will be free to seek clarifications and make suggestions
for consideration of the Employer. The Employer shall endeavor to provide clarifications and such further
information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and
competitive Bidding Process.

2.13.2 Any queries or request for additional information concerning this RFP shall be submitted through email,
mentioned in Quick Information Data Sheet of this RFP. Bidders are advised to be specific and pose
clause wise queries in an unambiguous manner. Employer reserves the right not to respond to vague
and frivolous queries.

2.13.3 The subject of the email shall mention the name of work

2.13.4 Queries shall be neatly typed/ written as per the following format:
Organization Name and Details of point of contact

S. No. Volume No ---- Clause Number Original Clause Query/Suggestions

--
Page Number-
---

Bidders shall submit the queries in Editable Excel format as well as in pdf format and all the queries shall be
addressed to CEO, SSCL, by e mail to: [email protected]

2.14. Amendment of Tender Document

2.14.1 Before the Deadline for Submission of Tenders, the Employer may modify the Tender Document by
issuing Addendum.
2.14.2 Any Addendum thus issued shall be part of the Tender Documents and shall be updated on the website
and NOT communicated in writing to any purchaser of the Tender Document.

2.15. Site Visit and examination of works

The bidder is advised to visit and examine 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.

2.16. Documents Comprising the Tender

2.16.1 The Online Tender submitted by the Bidder as well as the Hard copy with Two sealed envelope and
shall contain the Documents as follows.
(a) The e-Packet A shall contain the following:
1) A copy of the Online Paid Receipt for the Tender shall be scanned and uploaded.
2) A copy of the EMD paid receipt for the Tender Security, amount/ EMD shall be scanned and
uploaded

SSCL/2019 -20/XXX Page 19 of 170

(b) The e-Packet B shall contain the following:

1) Line of Credit, as per enclosed format;
2) An Organization Chart of administration and execution of the contract showing the
deployment of key personnel at Site with individual tasks;
3) Proposed Methodology and Work & Time Schedule Program for Execution of Work with
equipment planning and deployment.
4) Any other information required for completing and submitting the tender by Bidders in
accordance with these Instructions.
5) Forms specified in the Eligibility Criteria
6) Scanned copy of all approved/authenticated “Eligibility Criteria for Bidder” documents as
per Para of this RFP.
7) Copies of all schedules, Technical Specifications and Deviations, if any, drawings,
literature, brochures.
8) Proposed Safety plan and procedures that shall be followed during the execution of the
Works
9) Certificate of Financial Turnover duly certified by CA as indicated above.
10) GST registration number, EPF registration, PAN No.
11) All pages of the entire Corrigendum (if any) duly signed by the authorized person.
12) Acceptance letter and Affidavit/Undertaking for Blacklisting/ Debar.
13) List of Tools, Plant and machinery.
14) Details of Designations of the Manpower with name and along with the Resumes
15) A letter of authority to seek references from the bidders’ bankers and previous / existing
Employer’s.
16) Any other documents as asked in RFP documents.
(c) The e-Packet C shall contain:
The financial bids shall be uploaded online only strictly in the prescribed format.

2.17. Tender Prices

2.17.1 The Contract shall be for the Whole Works as described in the description of services.
2.17.2 The rates quoted by the Contractor shall be deemed to be inclusive of all duties, royalties, levies and
taxes except Goods and Services Tax (GST). The amount of applicable GST will be paid separately to
the Contractor with each bill at the time of payment. Any Variation during execution in above duties/ taxes
/ Other levies not be considered, except GST as per the Government Notifications, if any.
2.17.3 The Price quoted by the Bidder shall be subject to adjustment during the Performance of the Contract in
Accordance with the Provisions of Clause of the General Conditions of Contract.
2.17.4 The liability, if any, on account of quarry fees, duties, taxes (except GST), royalties and levies in
respect of materials consumed or services rendered on public work, shall be borne by the Contractor.
2.17.5 Any Changes in the taxes due to change in legislation or for any other reason shall not be payable to the
Contractor.
2.18. Tender Validity
2.18.1 Tenders shall remain valid for a period not less than 180 days after the Deadline Date for Tender
Submission specified in the Notice Inviting Tender document. A Tender valid for a Shorter Period shall be
rejected by the Employer as Non-Responsive.
2.18.2 In Exceptional Circumstances, prior to expiry of the Original Time Limit, the Employer may request that
the Bidders may extend the Period of Validity for a specified additional period. The request and the
Bidder’s responses shall be made in writing. A Bidder may refuse the request without forfeiting his
Earnest Money Deposit. A Bidder agreeing to the request will not be required or permitted to modify his

SSCL/2019 -20/XXX Page 20 of 170

Tender, but will be required to extend the Validity of his Earnest Money Deposit for a period of the
extension.

2.19. Earnest Money Deposit

2.19.1 The Bidder should submit the Earnest Money Deposit (EMD) both through online, as specified in Section
1 Notice Inviting Tender. Any Tender not accompanied by an acceptable Earnest Money Deposit above
shall be rejected by the Employer as Non Responsive.
2.19.2 Deleted
2.19.3 EMD details are as per following
(a) The bidder shall furnish EMD as per the amount mentioned in Bid Data Sheet.
(b) No interest shall be payable on EMD under any circumstances.
(c) Unsuccessful bidder’s EMD shall be discharged or returned within 30 (thirty) days of expiration of
the period of proposal validity or after awarding tender to successful bidder. SSCL shall not be
responsible if there is any delay due to any reason related to e-procurement portal.
(d) The Earnest Money Deposit of 2nd lowest Bidder shall be retained till execution of agreement.
(e) In case of successful bidder, the EMD shall be returned after submission of the performance
Security.
(f) No exemption in EMD in any form will be given to any firm/company/corporation/public
undertaking.

2.19.4 The Earnest Money Deposit made by a Bidder may be forfeited:

(g) If the Bidder withdraws its Bid during the interval between the opening of proposal and expiration
of the Bid Validity Period;
(h) If the Selected Bidder fails to provide acceptance of LOA within stipulated time;
(i) If the Selected Bidder fails to provide the Performance Security within the stipulated time or any
extension thereof provided under the contract and/or LOA.
(j) If the Selected Bidder fails to sign the Contract in accordance with this Tender for any reason.
(k) A Bidder engages in a corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice as specified in this Tender
(l) The Bidder has made a material misrepresentation or has furnished any materially incorrect or
false information.
(m) The Bidder does not provide, within the time specified by SSCL, the supplemental information
sought by the for evaluation of the Bid.
(n) If the Bidder does not accept the Correction of the Tender Price.

2.20. Pre-Bid Meeting

2.20.1 Wherever the Bid Data Sheet provides for pre-bid meeting.
2.20.2 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.
2.20.3 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.
2.20.4 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.
2.20.5 Pursuant to the pre-bid meeting if the Employer deems it necessary to amend the Bid Document, it shall

SSCL/2019 -20/XXX Page 21 of 170

be done by issuing amendment to the online NIT.

2.21. Format and signing of Tender:

2.21.1 The tendering system for the work comprises three stages (i) EMD (ii) Technical Bid [Eligibility
qualification with supporting document (iii) Online Financial Bid. The Bidders are required to submit the
online tender with documents and in addition 2 (Two) Nos. Sealed packets – A and B physically shall be
submitted to the Office of CEO, SSCL, Sagar within specified time & date of Bid submission.
2.21.2 In Stage II [Technical Bid] the Bidder shall prepare the Documents comprising the Tender as described in
Instructions to Bidders. Bidders shall attach all Copies of Certificates pertaining to their Eligibility Criteria,
Qualification Information Documents and Credit lines / Letter of Credit / Certificates from Scheduled
Banks, failing which the Bid will not be considered.
2.21.3 In Stage III - Submission of Online Financial Bid, the Tender shall contain no Alterations or Additions,
except those to comply with instructions issued by the Employer.

2.22. Procurement of Tenders

2.22.1 Tender Documents may be downloaded from website as indicated in the NIT.
2.23. Deadline for Online Submission of the Tenders
2.23.1 Deadline will be as per KEY DATES given in tender notice. The Employer may extend the Deadline for
Online Submission of Tenders by issuing an Amendment, in which case all Rights and Obligations of the
Employer and the Bidders previously subject to the original deadline will then be subject to the new
deadline.

2.24. Late Tenders

2.25. The Bidders shall not be allowed to upload the Tenders in the mptenders.gov.in e-portal after the date
of dead line for submission of Tenders. If Envelopes A, B & C received by the Employer after the
Deadline prescribed as per KEY DATES given in tender notice will not be accepted.

2.26. Tender Opening and Evaluation

2.26.1 The Employer shall open online of all the Tenders received (except those received late), in the presence
of the Bidders or their representatives who choose to attend such opening of the Tender at 15:00:00 hrs.
on March 2nd, 2020 at the office of the Chief Executive Officer, SSCL, Sagar. In the event of the Specified
Date of Tender Opening being declared a holiday for the Employer, the Tenders will be opened at the
appointed time and location on the next working day. Hard Copies submitted
2.26.2 The Bidders’ Names, the Presence or Absence of Earnest Money Deposit (Amount, Format and Validity),
will be announced by the Employer at the opening. Late Submission of EMD will be rejected, unopened
(wherever Applicable).

2.26.3 Packet ‘B’ [Qualification Information] only of those Bidders whose EMD is found in order in all respects
shall be opened for technical evaluation. The Employer shall prepare Minutes of the Tender Opening,
including the information disclosed to those present.
2.26.4 The Employer will evaluate and determine whether each Tender (a) meets the Eligibility Criteria defined
in ITT (b) is accompanied by the Required Earnest Money Deposit as per stipulations in ITT and (c)
meets the Minimum Qualification Criteria stipulated in ITT. The Employer will draw out a List of Qualified
Bidders and take up further evaluation of technical proposals of those qualified Bidders only.
2.26.5 Examination of Technical Bids and Determination of Responsiveness:
Prior to detailed evaluation of Technical Bids, the Employer will determine whether each Bid
a. meets the eligibility criteria defined in Clause

SSCL/2019 -20/XXX Page 22 of 170

b. has been properly signed by an authorized signatory (accredited representative) holding

power of Attorney in his favor.
c. is accompanied by the required Bid security and;
d. is responsive to the requirements of the Bidding documents.
2.26.6 A substantially responsive Technical Bid is one which conforms to all the terms, conditions and
specification of the Bidding documents, without material deviation or reservation. A material deviation or
reservation is one
a. which affects in any substantial way the scope, quality or performance of the works;
b. which limits in any substantial way, the Employer's rights or the Bidder’s obligations under
the Contract; or
c. If a Technical Bid is not substantially responsive, it will be rejected by the Employer, and
may not subsequently be made responsive by correction or withdrawal of the non-
conforming deviation or reservation.
2.26.7 If any discrepancy is noticed between the documents as uploaded at the time of submission of tender
and hard copies as submitted physically by the contractor the tender shall become invalid and cost of
tender document and processing fee shall not be refunded.
2.26.8 All the documents / information enclosed with the technical proposals 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 sanctioning authority may at his discretion forfeit his performance
security/guarantee, security deposit, enlistment deposit and take any other suitable action.
2.26.9 Notwithstanding anything stated above, SSCL reserves the right to assess the capabilities and capacity
of the Bidder to perform the contract, in the overall interest of SSCL. In case, Bidder’s capabilities and
capacities are not found satisfactory, SSCL reserves the right to reject the tender.
2.26.10 The Employer will inform all the qualified Bidders the Time, Date and Venue fixed for the opening of the
Online Tender containing the Lump sum financial offer. The Employer will open the Online Tender of
Qualified Bidders at the Appointed Time and Date. In the event of the Specified Date of Online Tender
opening being declared a holiday for the Employer, Online Tender shall be opened at the appointed Time
and Location on the next working day.
2.26.11 Bidders whose Bid Proposal is Technically Responsive will be short listed and considered for Opening of
the Financial Bid proposal submitted by them. The lowest evaluated rates will be considered for the
Financial Bid Evaluation in arriving for the Lowest Evaluated Bid proposal.

2.26.12 Only fixed price financial bids indicating total price for all the deliverables and services specified in this
bid document will be considered.
2.26.13 The rates quoted by the Contractor shall be deemed to be inclusive of all duties, royalties, levies and
taxes except Goods and Services Tax (GST). The amount of applicable GST will be paid separately to
the Contractor with each bill at the time of payment.
2.26.14 Any conditional bid would be rejected
2.26.15 Errors & Rectification: Arithmetical errors will be rectified on the following basis: “If there is a
discrepancy between the unit price and the total price that is obtained by multiplying the unit price and
quantity, the unit price shall prevail and the total price shall be corrected. If there is a discrepancy
between words and figures, the amount in words will prevail”.
2.26.16 The Bidders names, the Tender Prices, any discounts, and such other details as the Employer may
consider appropriate, will be announced by the Employer at the time of opening.
2.26.17 The Employer shall prepare Minutes of the Tender Opening of the financial proposal opening.

SSCL/2019 -20/XXX Page 23 of 170

2.27. Process to be Confidential

2.27.1 Information relating to the Examination, Clarification, Evaluation, and Comparison of Tenders and
recommendations for the Award of a Contract shall not be disclosed to Bidders or any other persons not
officially concerned with such process until the Award to the successful Bidder has been announced. Any
effort by a Bidder to influence the Employer's processing of Tenders or award decisions may result in the
rejection of his Tender. The Employer shall treat all information, submitted as part of the Proposal, in
confidence and shall require all those who have access to such material to treat the same in confidence.
The Employer may not divulge any such information unless it is directed to do so by any statutory entity
that has the power under law to require its disclosure or to enforce or assert any right or privilege of the
statutory entity and/or the Employer or as may be required by law or in connection with any legal
process.

2.28. Clarification of Tenders

2.28.1 To assist in the Examination, Evaluation and Comparison of Tenders, the Employer may, at his
discretion, ask any Bidder for clarification of his Tender. The request for clarification and the response
shall be in writing, but no change in the price or substance of the Tender shall be sought, offered or
permitted except as required to confirm the Correction of Arithmetic Errors discovered by the Employer in
the evaluation of the Tenders.
2.28.2 Subject to the above clause, no Bidder shall contact the Employer on any matter relating to its Tender
from the time of the Tender opening to the time the Contract is awarded. If the Bidder wishes to bring
additional information to the notice of the Employer, he should do so in writing.
2.28.3 Any effort by the Bidder to influence the Employer in the employer’s Tender Evaluation, Tender
Comparison or contract award decisions may result in the rejection of the Bidders’ Tender.
2.28.4 LANGUAGE: The bid as well as all correspondence and documents relating to the bid exchanged by the
Bidder and the Employer shall be in English or Hindi. Supporting documents and printed literature that
are part of the Bid may be in another language provided they are accompanied by an accurate translation
of the relevant passages in English. In such case, for the purposes of interpretation of the bid, such
translation shall govern.

2.29. Examination of Tenders and Determination of Responsiveness

2.29.1 Prior to the Detailed Evaluation of Tenders, the Employer will determine whether each Tender; (a) has
been properly signed; and (b) is substantially responsive to the requirements of the Tender Documents
2.29.2 A Substantially Responsive Tender is one which confirms to all the Terms, Conditions and Specifications
of the Tender Documents, without material deviation or reservation. A material deviation or reservation is
one (a) which affects in any substantial way the Scope, Quality or Performance of the Works; (b) which
limits in any substantial way, inconsistent with the Tender Documents, the Employer's Rights or the
Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive
position of other Bidders presenting substantially responsive Tenders.
2.29.3 If a Tender is not substantially responsive, it will be rejected by the Employer, and may not subsequently
be made responsive by correction or withdrawal of the non-conforming deviation or reservation.

2.30. Correction of Errors

2.30.1 Tenders determined to be substantially responsive will be checked by the Employer for any arithmetic
errors. The amount stated in the Tender will be adjusted by the Employer for the correction of errors and
with the concurrence of the Bidder, shall be considered as binding upon the Bidder. If the Bidder does not
accept the corrected amount, the Tender will be rejected, and the earnest money deposit may be

SSCL/2019 -20/XXX Page 24 of 170

forfeited.

2.31. Evaluation and Comparison of Tenders

2.31.1 The Employer will evaluate and compare only the Tenders determined to be Substantially Responsive.
2.31.2 In evaluating the Tenders, the Employer will determine for each Tender the evaluated Tender Price by
adjusting the Tender Price by marking any Correction for Errors.
2.31.3 The Employer reserves the right to accept or reject any variation, deviation or alternative offer. Variations,
deviations and alternative offers and other factors, which are in excess of the requirements of the Tender
documents or otherwise result in unsolicited benefits for the Employer, shall not be taken into account in
Tender Evaluation.

2.32. Award of contract

2.32.1 The Employer will award the Contract to the Bidder whose Tender has been determined to be
substantially responsive to the Tender Documents and who has offered the Lowest Evaluated Tender
Price, the Lowest Financial Bid, provided that such Bidder has been determined to be (a) Eligible in
accordance with the Provisions of this RFP, and (b) Qualified as per the technical and eligibility criteria
specified herein.

2.33. Employer's Right to accept any Tender and to reject any or All Tenders
2.33.1 Notwithstanding the provisions in this RFP, the Employer reserves the right to accept or reject any
Tender, and to cancel the Tender process and reject all Tenders, at any time prior to the Award of
Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to
inform the affected Bidder or Bidders of the grounds for the Employer's action.

2.34. Notification of Award and Signing of Agreement

2.34.1 The Bidder whose Tender has been accepted will be notified in writing of the award by the SSCL prior to
expiration of the Tender validity period. This written communication from the employer to the successful
Bidder shall be termed as the “Letter of Acceptance”.
2.34.2 This Letter (hereinafter called the "Letter of Acceptance") will state the sum that SSCL will pay the
contractor in consideration of the execution and completion of the Works by the Contractor as prescribed
by the Contract (hereinafter and in the Contract called the "Contract Price"). Within 28 days of Receipt of
the Letter of Acceptance/ as mentioned in the Letter of Acceptance, Bidder shall submit the Performance
Guarantee as prescribed at 2.34.5 and sign the Contract Agreement
2.34.3 The Notification of award will constitute the formation of the Contract.
2.34.4 The Agreement will incorporate all Agreements between the Employer and the successful Bidder. It will
be kept ready for signature of the successful Bidder in the office of the CEO, SSCL within 15 days
following the notification of award along with the Letter of Acceptance. Within 7 days of Receipt, the
successful Bidder will sign the Agreement and deliver it to SSCL.
The successful Bidder should deploy the Project Manager, Sr. Surveyor, Material Engineer per the
clause no. 2.10.3.8 of Technical Key Personnel after the approval based on necessary evaluation of
required qualifications & experience at the Contract Signing.

2.34.5 Performance Security amounting to total 10(Ten) Percent of contract value shall be
submitted/deducted as follows:
2.34.5.1 Performance guarantee, undertaking and warranties
If the Bidder comprises of a partnership will be required to execute the guarantees, undertakings and
warranties. The Bidder should note that in the event of award, all guarantees are required to be executed

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prior to the signing of the contract.

2.34.5.2 The Performance security required in accordance with of general conditions of contract shall be for
10% of the contract value, in Indian rupees and shall comprise the following:
I. Performance guarantee - 3 (Three)% of the contract value
II. Retention money- 7(Seven)% of the contract value

2.34.5.3 The Bidder shall furnish all other guarantees, undertakings, and warranties, in accordance with the
provisions in General conditions of contract and Special conditions of contract.
2.34.5.4 Failure of the successful Bidder to comply with the requirements of within the time limit specified
therein shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender
security.
2.34.5.5 Retention money: in addition to the performance guarantee, retention money (security deposit) will be
7(Seven) % of the contract value. The percentage of retention money will be recovered in each
interim payment as per the SCCL
2.34.5.6 The PG (Performance Guarantee) to the extent of 3% of the contract value shall be paid in one of the
following forms.
A. Cash transferred through NEFT/ RTGS
B. Government securities
C. An electronically issued irrevocable bank guarantee bond of any schedule bank, or in the
prescribed form given. The bank guarantee shall be from a scheduled bank in India
(meaning a bank which has been included in the second schedule of reserve bank of India
act, 1934) (including scheduled commercial foreign banks).

2.34.5.7 The performance guarantee shall be furnished to the employer within twenty-eight (28) days of
receipt of the letter of acceptance/ as mentioned in the Letter of Acceptance (LoA). Performance
guarantee is applicable over and above the clause of earnest money deposit. Performance
guarantee will have to be paid and shall be valid till the defect liability period or finalization of final bill
whichever is later. This deposit will be allowed in the form of (A) to (D) as mentioned above and shall
be paid as prescribed in the letter of acceptance.
2.34.6 Additional performance security deposit
2.34.6.1 If the Bidder has quoted the offer less than 1% below and up to 10% below the estimated rates put to
tender, then the Bidder shall not to have to submit additional performance security deposit
2.34.6.2 If the offer is less than 1 % below the estimated rates and is up to 10% below, then the amount of the
performance security shall be paid as per the clause no. 2.34.5 of this section shall be of the value of
10% of the cost put to tender.
For example: if the rates quoted is 7% below, then the amount of performance security should be 10%
of the cost put to tender
If the offer is less than 10% below then the amount of the performance security shall be of the value of
10% of the cost put to tender plus the amount arrived by applying that percent on the cost put to
tender which is the difference of percentage quoted by the Bidder as additional performance security
deposit and 10. For example: if the rates quoted is 17% below, then the amount of performance
security should be 17%, i.e.10% of the cost put to tender + (plus) (17-10) % of the cost put to tender.

2.34.7 If the bid, which results in the lowest evaluated bid price, is seriously unbalanced or front loaded (22%
less than the scheduled rates or 15% more than the scheduled rates for percentage rate and item rate
tenders/bids) and if in the opinion of the employer, the successful bidder has failed to justify or
demonstrate the internal consistency of those prices vis-à-vis specifications, construction methods and
schedule, the employer may require that the amount of the performance security be increased to a
maximum of twenty (20%) percent of the bid value of such items.

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2.34.8 Refund of performance security

Performance guarantee and retention money shall be released before issue of performance certificate
(after expiry of defect liability period in the following manner
A. Retention Money-7(Seven)%– After issue of the Acceptance certificate by SSCL after the
completion of Construction Activities
B. Performance Guarantee-3(Three)% – After completion of the Defects Liability period

2.35. Consequence of breach

2.35.1 Should the selected bidder or a partner in the selected bidder firm commit breach of any of the conditions
of this RFP/ LOA/Contract Agreement it shall be lawful for the Commissioner, RMC to cancel the contract
and complete the assignment at the risk and cost of this bidder. RMC will also forfeit the Bank Guarantee.
2.36. Assistance to the Bidders
2.36.1 The selected bidder shall be solely responsible to procure any material or obtain any import or other
license or permit required for the fulfilment of the work order
2.37. Number of Bids
2.37.1 No bidder or their Associate shall submit more than one bid in a cluster. A Bidder applying individually or
as an Associate shall not be entitled to submit another application either individually or as a member of
any Bidder, as the case may be.

2.38. Expenses Incurred During Bid Preparation

The bidders shall be responsible for all of the expenses associated with the preparation of their bid and their
participation in the Selection Process including subsequent negotiation, visits to SSCL Project site etc. The
Authority will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of
the Selection Process.

2.39. Proprietary Data

All documents and other information supplied by SSCL or submitted by the Bidder to SSCL shall remain or
become the property of the SSCL. Bidders are to treat all information as strictly confidential and shall not use it
for any purpose other than for preparation and submission of their Bid. SSCL will not return any Bid or any
information provided along therewith.

2.40. Modification of Agreement

Modification of the terms and conditions of this Agreement, including any modification of the scope of the
Services, may only be made by written agreement between the Parties. Each Party shall give due
consideration to any proposals for modification made by the other Party.

2.41. Right to Vary Scope of Contract

2.41.1 The Authority may at any time, by a written order given to the bidder, make changes within the quantities,
specifications, services or scope of the Contract as specified.

2.41.2 If any such change causes an increase or decrease in the cost of, or the time required for the bidder’s
performance of any part of the work under the Contract, whether changed or not changed by the order, an
equitable adjustment shall be made in the Contract Price or time schedule, or both, and the Contract shall
accordingly be amended. Any claims by the bidder for adjustment under this Clause must be asserted
within thirty (30) days from the date of the bidder’s receipt of the Authority’s changed order.
2.42. Conflict of Interest
2.42.1 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process.
Any Bidder found to have a Conflict of Interest shall be disqualified and liable for forfeiture of the BID
Security or Performance Security as the case may be.

SSCL/2019 -20/XXX Page 27 of 170

2.42.2 A Bidder shall be deemed to have a Conflict of Interest affecting the Bidding Process, if: any legal,
financial or technical adviser of the SSCL in relation to the Project is engaged by the Bidder, its Member
or any Associate thereof, as the case may be, in any manner formatters related to or incidental to such
Project during the Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of the
Agreement. In the even though such adviser is engaged by the selected Bidder or Contractor, as the
case may be, after issue of the LOA or execution of the Agreement for matters related or incident alto the
project, then notwithstanding anything to the contrary contained herein or in the LOA or the Agreement
and without Prejudice to any other right or remedy or the SSCL, including the forfeiture and appropriation
of the BID Security or Performance Security, as the case may be, which the SSCL may have there under
or otherwise, the LOA or the Agreement, as the case may be, shall be liable to be terminated without the
SSCL being liable in any manner whatsoever to the Selected Bidder or Contractor for the same. For the
avoidance or doubt, this disqualification shall not apply where such adviser was engaged by the Bidder,
its Member or Associate in the past but its assignment expired or was terminated 6 (six) months prior to
the date of issue of this RFP. Nor will this disqualification apply where such adviser is engaged after a
period of 3 (three) years from the date of commercial operation of the Project.
2.43. Rejection Criteria
Besides other conditions and terms highlighted in the NIT document, bids may be rejected under
following circumstances:
2.43.1 General Rejection Criteria
a. Bids not qualifying under eligibility criteria.
b. Bids submitted without or improper EMD or tender fees.
c. Bids received through Telex /Telegraphic / Fax / E-Mail.
d. Bids which do not confirm unconditional validity of the bid as prescribed in the Tender.
e. If the information provided by the Bidders is found to be incorrect / misleading at any stage /time
during the Tendering Process.
f. Any effort on the part of a Bidders to influence the Employer’s bid evaluation, bid comparison or
contract award decisions.
g. Bids received by the Employer after the last date for receipt of bids prescribed in the bid document.
h. Bids without signature of person (s) duly authorized on required (specified) pages of the bid.
i. Bids without power of authorization and any other document consisting of adequate proof of the
ability of the signatory to bind the Bidders.
j. Technical Bid containing commercial details or any such hints/calculations/ extrapolations/records.
k. Revelation of Prices in any form or by any reason before opening the Commercial Bid.
l. Failure to furnish all information required by the Tender Document or submission of a bid not
substantially responsive to the Tender Document in every respect.
m. Bidders not quoting for the complete scope of Work as indicated in the Tender documents,
addendum (if any) and any subsequent information given to the Bidders.
n. Bidders not complying with the General Terms and conditions as stated in the Tender Documents.
o. The Bidders not confirming unconditional acceptance of full responsibility of providing services in
accordance with the Scope of work and Service Level Agreements of this tender.
2.43.2 Financial Bid Rejection Criteria
a. Incomplete Price Bid.
b. Price Bids that do not conform to the Tender’s price bid format.
c. Total price quoted by the Bidders does not include all statutory taxes and levies applicable.

2.44. Fraud and Corrupt Practices

The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard
of ethics during the Selection Process. Notwithstanding anything to the contrary contained in this RFP, the
Authority shall reject a Proposal without being liable in any manner whatsoever to the Bidder, if it determines

SSCL/2019 -20/XXX Page 28 of 170

that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”)
in the Selection Process. In such an event, the Authority shall, without prejudice to its any other rights or
remedies, forfeit and appropriate the Performance Security, if available, as mutually agreed genuine pre-
estimated compensation and damages payable to the Authority for, inter alia, time, cost and effort of the
Authority, in regard to the RFP, including consideration and evaluation of such Bidder’s Proposal.

2.45. Prejudice
Without prejudice to the rights of the Authority under Clause hereinabove and the rights and remedies which
the Authority may have under the LOA or the Agreement, if an Bidder or Consultant, as the case may be, is
found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the
Selection Process, or after the issue of the LOA or the execution of the Agreement, such Bidder or
Consultant shall not be eligible to participate in any tender or RFP or RFP issued by the Authority during a
period of 2 (two) years from the date such Bidder or Consultant, as the case may be, is found by the
Authority to have directly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice, as the case may be.
For the purposes of this Clause, the following terms shall have the meaning hereinafter respectively
assigned to them:
a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything
of value to influence the action of any person connected with the Selection Process (for avoidance of
doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or
indirectly, any official of the Authority who is or has been associated in any manner, directly or indirectly
with the Selection Process or the LOA or has dealt with matters concerning the Agreement or arising
therefrom, before or after the execution thereof, at any time prior to the expiry of one year from the date
such official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be
deemed to constitute influencing the actions of a person connected with the Selection Process; or (ii)
save as provided herein, engaging in any manner whatsoever, whether during the Selection Process or
after the issue of the LOA or after the execution of the Agreement, as the case may be, any person in
respect of any matter relating to the Project or the LOA or the Agreement, who at any time has been or
is a legal, financial or technical consultant/ adviser of the Authority in relation to any matter concerning
the Project;
b) “fraudulent practice” means a misrepresentation or omission of facts or disclosure of incomplete facts, in
order to influence the Selection Process;
c) “coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly,
any persons or property to influence any person’s participation or action in the Selection Process;
d) “undesirable practice” means (i) establishing contact with any person connected with or employed or
engaged by the Authority with the objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Selection Process; or (ii) having a Conflict of Interest; and
e) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement among
Bidders with the objective of restricting or manipulating a full and fair competition in the Selection
Process.
The above tender is hereby accepted by me on behalf of the Sagar Smart City Development Limited.
(Designation)

SIGNATURE OF AUTHORITY BY WHOM the TENDER IS ACCEPTED

SSCL/2019 -20/XXX Page 29 of 170

Section-3 – Bidding Formats

Annexure – A (Not Applicable)

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Annexure – B AFFIDAVIT

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

(On Non Judicial Stamp of Rs. 100)

I/we who is/ are

(status in the firm/ company) and competent for submission of the affidavit on behalf of
M/S (contractor) do solemnly affirm an oath and state that:

I/we are fully satisfied for the correctness of the certificates/records submitted in support of the following
information in bid documents which are being submitted in response to notice inviting e-tender No. _
for (name of work) dated issued by the _ (name of the
ULB).

I/we 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 turn-over is correct.
c. Information regarding various physical 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 working day before opening of the bid, by
15.00 hrs.

SSCL/2019 -20/XXX Page 31 of 170

Annexure – C: PRE-QUALIFICATIONS CRITERIA

(See clause 5 of Section 1 NIT)

PRE-QUALIFICATIONS CRITERIA
A. TECHNICAL CAPACITY
The bidder should have:
2.10.2 Technical capacity
2.10.2.1 General Experience: The experience under construction contracts shall be at least the last Seven (7)
years from the date of Bid submission.
2.10.2.2 The Bidder should have the following Similar Project Specific experience: Experience under contracts
in the role of contractor (single entity or JV member or Consortium) for design and construction of
Road, Bridges, Sidewalks and associated civil works.
Note: Similar Work - Similar Work means design and construction of Road, Bridges,
Sidewalks, associated civil works.

2.10.2.3 Bidder claiming construction experience should have been appointed as a contractor (either as
principal contractor or as a consortium partner in the main contract) directly by the owner of the
project / entity constructing such project. Any sub-contracting experience under contracts not
executed directly with the owner of the project /entity constructing the project shall not be considered
for the Clause 2.10.2.2 while computing the Technical Capacity, except for the Clause 2.10.2.4.

B. FINANCIAL CAPACITY
2.10.3 Financial capacity
2.10.3.1 The Bidder shall have a minimum average annual construction turnover of INR 25.69 Cr. (Rupees
Twenty-Five Crore and Sixty-Nine Lakh only) in all classes of civil engineering construction works,
Mechanical & Electrical Equipment works only, in the last three financial years at the time of bid
submission date, starting from 2016-17 to 2018-2019. The ‘last financial year’ will be 2018-2019.
To ascertain this, Bidder(s) shall submit the Letter duly certified by a Chartered Accountant in support
of the requisite financial Turnover along with the Audited balance sheet duly certified by Chartered
Accountant. Turnover, for financial 2018-2019 shall be considered subject to submission of
provisional/audited certificate from chartered accountant by the Bidder.
2.10.3.2 Bidders should submit a letter from the Bank demonstrating their willingness to provide Credit
facilities for Rs15 (Rupees Fifteen) Crores as the working capital for this project.
2.10.3.3 Bid Capacity or Available Tender capacity = (AxNx2)-B. Available Tender capacity should be ≥
Estimated project cost of Rs 85.63 Crores where

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A = Maximum value of civil engineering works executed in any one year during the last
five years taking into account the completed as well as works in progress.
N = Number of years prescribed for completion of the works for which tenders are invited.-
18 months
B = Value of existing commitments and on-going works to be completed during the next
18 months (period of completion of the works for which Tenders are invited)
2.10.4.1 The Bidder should attach Certificate from their Chartered Accountant for the Annual Turnover
Certificate for the in all classes of civil engineering construction works, Mechanical & Electrical
Equipment works only as per the turnover submitted to the Registrar of Companies (ROC) along with
this Tender and shall be final for the Bid evaluation. Necessary supporting documents duly signed
under seal, by a Charted Accountant in original shall be enclosed while submitting the bid.
2.10.4.2 Certificate form the Chartered Accountant in support of the Net worth and Positive Cash Accruals is to
be submitted in E-Pocket B along with the Balance Sheets of the last 3 years which have been
certified by the Chartered Accountants/ Statutory Auditors (as applicable) of the Bidding entity.

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

SSCL/2019 -20/XXX Page 33 of 170

Annexure – D: SPECIAL ELIGIBILITY CRITERIA

(See clause 6 of Section 1 NIT)

SPECIAL ELIGIBILITY CRITERIA

2.10.3.4 The Bidder:

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Annexure – E: Specifications
(See clause 2 of Section 2-ITB & clause 10 of GCC)
Specifications

Please refer Attached Annexure ‘E’ (Volume2) here with this tender Document

The works in General shall be carried out as per latest MP-UD&HD, PWD, MPVVCL Specifications, (updated
with corrections slips issued upto last date of submission of tender) unless otherwise specified in the
nomenclature of the individual item or in the particular specifications of concerned items of works. For items not
covered under MP-UD&HD/PWD/ MPVVCL specifications with correction slips or those specifications are not
given in the technical specifications appended or not incorporated in the nomenclature of the individual item, the
work shall be done as per latest relevant BIS Codes of Practice or as per approval of Engineer-in-charge.
All the works shall be executed as per the approved drawings / designs. The patterns shown in the tender
drawings can be modified as per the site requirements by the Engineer-in-charge and nothing extra whatsoever
shall be payable over and above the quoted rates. Material should be of the best approved quality obtainable
and they shall comply to the respective Indian Standard Specifications. Samples of all materials shall be got
approved before placing order and the approved sample shall be deposited with the Client/Engineer In-Charge.

SSCL/2019 -20/XXX Page 35 of 170

Annexure – F: PROCEDURE FOR PARTICIPATION IN E-TENDERING

(See clause 3 of Section 2-ITB)

PROCEDURE FOR PARTICIPATION IN E-TENDERING

Instructions for Online Bid Submission:

The bidders are required to submit soft copies of their bids electronically on the MP TENDERS Portal, using valid
Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the MP
TENDERS Portal, prepare their bids in accordance with the requirements and submitting their bids online on the MP
TENDERS Portal.

More information useful for submitting online bids on the MP TENDERS Portal may be obtained at:
https://mptenders.gov.in

1. REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Madhya Pradesh Procurement Portal (URL:
https://mptenders.gov.in) by clicking on the link “Online bidder Enrollment” on the MP TENDERS Portal which is
free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique username and assign a
password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as part of the registration process.
These would be used for any communication from the MP TENDERS Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (Class III
Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / nCode
/ eMudhra etc.), with their profile.

5) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that
they do not lend their DSC’s to others which may lead to misuse.

6) Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of
the DSC / e-Token.

2.SEARCHING FOR TENDER DOCUMENTS

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1) There are various search options built in the MP TENDERS Portal, to facilitate bidders to search active tenders by
several parameters. These parameters could include Tender ID, Organization Name, Location, Date, Value, etc.
There is also an option of advanced search for tenders, wherein the bidders may combine a number of search
parameters such as Organization Name, Form of Contract, Location, Date, Other keywords etc. to search for a
tender published on the MP TENDERS Portal.

2) Once the bidders have selected the tenders they are interested in, they may download the required documents /
tender schedules. These tenders can be moved to the respective ‘My Tenders’ folder. This would enable the MP
TENDERS Portal to intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the
tender document.

3) The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any
clarification / help from the Helpdesk.

3. PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the tender document before submitting their bids.

2) Please go through the tender advertisement and the tender document carefully to understand the documents
required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to
be submitted, the number of documents - including the names and content of each of the document that need to
be submitted. Any deviations from these may lead to rejection of the bid.

3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document /
schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG formats. Bid documents may be scanned
with 100 dpi with black and white option which helps in reducing size of the scanned document.

4) To avoid the time and effort required in uploading the same set of standard documents which are required to be
submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual
reports, auditor certificates etc.) has been provided to the bidders. Bidders can use “My Space” or ‘’Other
Important Documents’’ area available to them to upload such documents. These documents may be directly
submitted from the “My Space” area while submitting a bid, and need not be uploaded again and again. This will
lead to a reduction in the time required for bid submission process.

4.SUBMISSION OF BIDS

1) Bidder should log into the site well in advance for bid submission so that they can upload the bid in time i.e. on or
before the bid submission time. Bidder will be responsible for any delay due to other issues.

SSCL/2019 -20/XXX Page 37 of 170

2) The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender
document.
3) Bidder has to payment the tender fee / EMD as applicable and enter details of the instrument.

4) Bidder should prepare the EMD as per the instructions specified in the tender document.

5) Bidders are requested to note that they should necessarily submit their financial bids in the format provided and
no other format is acceptable. If the price bid has been given as a standard BoQ format with the tender document,
then the same is to be downloaded and to be filled by all the bidders. Bidders are required to download the BoQ
file, open it and complete their respective financial quotes by filling (unprotected) cells and other details (such as
name of the bidder). No other cells should be changed. Once the details have been completed, the bidder should
save it and submit it online, without changing the filename. If the BoQ file is found to be modified by the bidder,
the bid will be rejected.

6) The server time (which is displayed on the bidders’ dashboard) will be considered as the standard time for
referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow
this time during bid submission.

7) All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure
the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening.
The confidentiality of the bids is maintained using the secured Socket Layer 128-bit encryption technology. Data
storage encryption of sensitive fields is done. Any bid document that is uploaded to the server is subjected to
symmetric encryption using a system generated symmetric key. Further this key is subjected to asymmetric
encryption using buyers/bid openers public keys. Overall, the uploaded tender documents become readable only
after the tender opening by the authorized bid openers.

8) The uploaded tender documents become readable only after the tender opening by the authorized bid openers.

8) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid Submission” in the portal), the
portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the
date & time of submission of the bid with all other relevant details.

9) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This
acknowledgement may be used as an entry pass for any bid opening meetings.

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

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6.ASSISTANCE TO BIDDERS

1) Any queries relating to the tender document and the terms and conditions contained therein should be addressed
to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender.

2) Any queries relating to the process of online bid submission or queries relating to MP TENDERS Portal in general
may be directed to the 24x7 MP TENDERS Portal Helpdesk.

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Annexure – G: JOINT VENTURE (J.V.)

(See clause 4 of Section 2-ITB)

JOINT VENTURE (J.V.)
If J.V. is allowed following conditions and requirements must be fulfilled –

1. Number of partners in a Joint Venture shall not exceed 2 (two). The partners shall comply with the following
requirements:
a. One of the partners shall be nominated as being Lead Partner, and this authorization shall be evidenced by
submitting a power of attorney signed by legally authorized signatories of all the partners;
b. The bid and, in case of 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 the 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 successful bid];
e. The joint venture agreement should indicate precisely the role and responsibilities of all the 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 without prior approval of the employer;
f. The joint venture agreement should be registered, so as to be legally valid and binding on all partners.
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 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. An individual Bidder cannot at the same time be member of a Joint Venture applying for this Bid. Further, a member
of a particular Bidder Joint Venture cannot be member of any other Bidder Joint Venture applying for this bid.

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

PARTICIPATION DETAILS FIRM ‘A’ (Lead partner) FIRM ‘B’ FIRM ‘C’

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Financial
Name of the Banker(s)
Planning
Construction Equipment
Key personnel
Execution of Work (Give details
on contribution of each)

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

a. The Lead Partner must meet at least 50% requirement of Technical and Financial eligibility criteria required for
the bid.
b. The other partner(s) must meet at least 20% and maximum up to 49 % requirement of Technical and
Financial eligibility criteria required for the bid.
c. The lead partner and the other partners should together meet 100% of all the eligibility criteria required for the
bid.
8. For the meeting the minimum qualification criteria of experience of similar nature work, every partner can have
experience of different works as defined in similar nature works and together should have the experience of all type
of works described in similar nature works.
Note – In case of Joint Venture or Consortium, the Bidder should submit the Power of Attorney for Lead
Member of Consortium and Joint Bidding Document as per prescribed in Annexure G-1 & G-2 respectively
along with technical proposal.

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Annexure G-1
FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM

Whereas the Chief Executive Officer, Sagar Smart City Limited, Sagar (“SSCL”) has invited BIDs for the “Project
Name” in the State of Madhya Pradesh on EPC Mode (the “Project”).

And Whereas
………………………………………………………………….………..and……………………………………………………
……………………….…….. (collectively the “Consortium”) being Members of the Consortium are interested in bidding
for the Project in accordance with the terms and conditions of the Request for Proposal (RFP) and other BID
documents including agreement in respect of the Project, and Whereas, it is necessary for the Members of the
Consortium to designate one of them as the Lead Member with all necessary power and authority to do for and on
behalf of the Consortium, all acts, deeds and things as may be necessary in connection with the Consortium’s BID for
the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, ……………………………… having our registered office at ……………….……., M/s. having our registered
office at …………….., (hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate, constitute, appoint and authorize M/S …………………………... having its registered office at , being one of
the Members of the Consortium, as the Lead Member and true and lawful attorney of the Consortium (hereinafter
referred to as the “Attorney”). We hereby irrevocably authorize the Attorney (with power to sub- delegate) to conduct
all business for and on behalf of the Consortium and any one of us during the bidding process and, in the event the
Consortium is awarded the contract, during the execution of the Project and in this regard, to do on our behalf and on
behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required or incidental to the pre-
qualification of the Consortium and submission of its BID for the Project, including but not limited to signing and
submission of all applications, BIDs and other documents and writings, participate in conferences, respond to queries,
submit information/ documents, sign and execute contracts and undertakings consequent to acceptance of the BID of
the Consortium and generally to represent the Consortium in all its dealings with the SSCL, and/ or any other
Government Agency or any person, in all matters in connection with or relating to or arising out of the Consortium’s
BID for the Project in all respect and/ or upon award thereof till the EPC Contract is entered into with the SSCL &
Compelled.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to
be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that
all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always
be deemed to have been done by us/ Consortium.

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IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF
ATTORNEY ON THIS…………………. DAYOF ............... 2020

(Executants)
(To be executed by all the Members of the Joint Venture)

Witnesses:
1.

Notes:
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executants (s) and when it is so required, the
same should be under common seal affixed in accordance with the required procedure.
 Also, wherever required, the Bidder should submit for verification the extract of the charter documents and
documents such as a board or shareholders’ resolution/ power of attorney in favour of the person executing
this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

SSCL/2019 -20/XXX Page 43 of 170

Annexure G-2
FORMAT FOR JOINT BIDDING AGREEMENT FOR CONSORTIUM
(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of .............................. 2020

AMONGST

1. {………… ……………………………….., having its registered office at .............................} (hereinafter referred to

as the “First Part” which expression shall, unless repugnant to the context include its successors and permitted
assigns)

AND

2. {………………………………………………………, having its registered office at ………… } and (hereinafter

referred to as the “Second Part” which expression shall, unless repugnant to the context include its successors and
permitted assigns)

The above mentioned parties of the FIRST and SECOND PART are collectively referred to as the
“Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) The Chief Executive Officer, Sagar Smart City Limited, Sagar (“SSCL”) which expression shall, unless
repugnant to the context or meaning thereof, include its administrators, successors and assigns) has invited bids (the
Bids”) by its Request for Proposal No. ………… dated ............................................................ (the “RFP”) for award
of contract for ----------------------------------------- (the “Project”) through an EPC Contract.

(B) The Parties are interested in jointly bidding for the Project as members of a Consortium and in accordance with
the terms and conditions of the RFP document and other bid documents in respect of the Project, and

(C) It is a necessary condition under the RFP document that the members of the Consortium shall enter into a Joint
Bidding Agreement and furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows

1. Definitions and Interpretations

In this agreement the capitalized terms shall, unless the context otherwise requires have the meaning ascribed
thereto under the RFP.

2. Joint Venture

2.1 The Parties do hereby irrevocably constitute a Consortium (the “Consortium”) for the purposes of jointly
participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through this Consortium and not
individually and/ or through any other Consortium constituted for this Project, either directly or indirectly.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared the selected Bidder and awarded the
Project, it shall enter into an EPC Contract with the Authority for performing all its obligations as the Contractor in

SSCL/2019 -20/XXX Page 44 of 170

terms of the EPC Contract for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:

a. Party of the First Part shall be the Lead member of the Consortium and shall have the power of attorney from all
Parties for conducting all business for and on behalf of the Consortium during the Bidding Process and until the
completion of the EPC Contract including the O&M period;

b. Party of the Second Part shall be the Member of the Joint Venture.

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and liabilities relating to the
Project and in accordance with the terms of the RFP and the EPC Contract, till such time as the completion of the
Project is achieved under and in accordance with the EPC Contract including the O&M period.

6. Share of work in the Project

The Parties agree that the proportion of construction in the EPC Contract to be allocated among the members shall
be as follows:

First Party:

Second Party:

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

a. Such Party is duly organized, validly existing and in good standing under the laws of its incorporation and has all
requisite power and authority to enter into this Agreement;

b. The execution, delivery and performance by such Party of this Agreement has been authorized by all necessary
and appropriate corporate or governmental action and a copy of the extract of the charter documents and board
resolution/ power of attorney in favour of the person executing this Agreement for the delegation of power and
authority to execute this Agreement on behalf of the Consortium Member is annexed to this Agreement, and will not,
to the best of its knowledge:

i. require any consent or approval not already obtained;

ii. violate any Applicable Law presently in effect and having applicability to it;

iii. violate the memorandum and articles of association, by-laws or other applicable organizational documents
thereof;

iv. violate any clearance, permit, concession, grant, license or other governmental authorisation, approval, judgment,
order or decree or any mortgage agreement, indenture or any other instrument to which such Party is a party or by
which such Party or any of its properties or assets are bound or that is otherwise applicable to such Party; or

v. create or impose any liens, mortgages, pledges, claims, security interests, charges or Encumbrances or
obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage in or on the property of
such Party, except for encumbrances that would not, individually or in the aggregate, have a material adverse effect
on the financial condition or prospects or business of such Party so as to prevent such Party from fulfilling its
obligations under this Agreement;

SSCL/2019 -20/XXX Page 45 of 170

c. this Agreement is the legal and binding obligation of such Party, enforceable in accordance with its terms against
it; and

d. there is no litigation pending or, to the best of such Party's knowledge, threatened to which it or any of its Affiliates
is a party that presently affects or which would have a material adverse effect on the financial condition or prospects
or business of such Party in the fulfillment of its obligations under this Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and effect until Project
completion including the “Operation and Maintenance Period” is achieved under and in accordance with the EPC
Contract, in case the Project is awarded to the Consortium. However, in case the Consortium is either not pre-
qualified for the Project or does not get selected for award of the Project, the Agreement will stand terminated in
case the Applicant is not pre-qualified or upon return of the Bid Security by the Authority to the Bidder, as the case
may be.

9. Miscellaneous

a. This Joint Bidding Agreement shall be governed by laws of India.

b. The Parties acknowledge and accept that this Agreement shall not be amended by the Parties without the prior
written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER SECOND PART

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

In the presence of:

SSCL/2019 -20/XXX Page 46 of 170

Witnesses:

Notes:

1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the procedure, if any, laid
down by the Applicable Law and the charter documents of the executants (s) and when it is so required, the same
should be under common seal affixed in accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and documents such
as resolution / power of attorney in favour of the person executing this Agreement for the delegation of power and
authority to execute this Agreement on behalf of the Consortium Member.

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Annexure – H Organizational Details

(See clause 12 of Section 2 ITB & clause 4 of GCC)

ORGANIZATIONAL DETAILS
(To be enclosed with technical proposal)
S.No. Particulars Details
1. Registration No. issued by centralized (If applicable, scanned copy of proof of application
registration system of Govt. of MP or proof of for registration to be uploaded)
application for registration
2. Valid registration of Bidder in appropriate class Registration no………………. date……….
through centralized registration of Govt. of MP (Scanned copy of Registration to be uploaded)
3. Name of Organization/ Individual/Proprietary
Firm/Partnership Firm
4. Entity of Organization
Partnership Firm (Registered under Partnership
Act)/ Limited Company (Registered under the
Companies Act–1956/2013)/ Corporation/ Limited
Liability Period Company
registered under necessary act
5. Address of Communication
6. Telephone Number with STD Code
7. Fax Number with STD Code
8. Mobile Number
9. E-mail Address for all communications
Details of Authorized Representative
10. Name
11. Designation
12. Postal Address
13. Telephone Number with STD Code
14. Fax Number with STD Code
15. Mobile Number
16. E-mail Address
Note: In case of partnership firm and limited company certified copy of partnership deed/ Articles of Association
and Memorandum of Association along with registration certificate of the company shall have to be enclosed.

Signature of Bidder with Seal

Date:

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Annexure – I: Technical Proposal

(See clause 14 of Section 2 of ITB)

Envelope – B, Technical Proposal

Technical Proposal shall comprise the following documents:

S. No. Particulars Details to be submitted

1 Experience - Financial and Physical Annexure – I (Format : I - 1)

2 Annual Turnover Annexure – I (Format : I - 2)
3 List of technical personnel for the key positions Annexure – I (Format: I - 3)
4 List of Key equipment’s/ machines for quality control labs Annexure – I (Format: I - 4)
5 List of Key equipment’s/ machines for construction work Annexure – I (Format: I – 5)

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

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Annexure – I (Format: I-1)

(See clause 14 of Section 2 of ITB)

FINANCIAL & PHYSICAL EXPERIENCE DETAILS

A. Financial Requirement
The bidder should have completed either of the below:
a) three similar works each costing not less than the amount equal to INR 34.25 Crores (Rupees Thirty-Four
Crore and Twenty-Five Lakh) as on date of submission of Bid Proposal in the last 7 years; or
b) two similar works each costing not less than the amount equal to INR 42.82 Crore (Rupees Forty-Two
Crore and Eighty-Two Lakh) as on date of submission of Bid Proposal in the last 7 years; or
c) one similar work of aggregate cost not less than the amount equal to INR 68.50 Crore (Rupees Sixty-Eight
Crore and Fifty Lakh) as on date of submission of Bid Proposal in the last 7 years;

To be filled in by the contractor:

Similar Size and Nature works:

Agreement Number Name of Work Date of Work Date of Amount of Employer's Name
and
& Year Order Completion Contract
Address

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

Agreement Name of Date of Work Date of Amount of Amount Employer's Name
Number & Year Work Order Completion Contract and Address

Note:
i. Details of successfully completed similar works shall be furnished in the following format.
ii. Certificate duly signed by the employer shall also be enclosed for each completed similar work.
iii. 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, electrification etc

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B. Physical Requirement:
Execution of similar items of work in any one financial year during the last 5 financial years should
not be less than the minimum physical requirement fixed for the work.
Actual Quantity Executed
S. No. Particulars
(To be filled in by the contractor)

Year – 1 Year – 2 Year – 3 Year – 4 Year – 5

1 Physical qualification requirement Yes/No

2
3

Note: 1. Certificate duly signed by the employer shall be enclosed for the actual quantity executed in any one year
during the last 5 years.

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Annexure – I (Format: I-2)

(See clause 14 of Section 2 of ITB)

ANNUAL TURN OVER
Requirement:

Average annual construction turnover in all classes of civil engineering construction works, Mechanical &
Electrical Equipment works only on the construction works not less than Rs 25.69 Crores during the last 3
financial years;

To be filled in by the contractor:

Payments received for contracts

Financial Year Financial Year (Year wise)
in progress or completed

1 2018-19

2 2017-18

3 2016-17

Note:
i. Annual turnover of construction must be certified by the Chartered Accountant/Statutory Auditor.
ii. Audited balance sheet including all related notes, and income statements for the above financial years to be
enclosed.

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Annexure – I (Format: I-2A)

(See clause 2.10.3.3 of ITB)

Bid Capacity

Applicants who meet the minimum qualifying criteria in the evaluation as stated above are to be evaluated
further for bid capacity as under:

Bid Capacity = (AxNx2) - B

Where,

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

N = Proposed contract period in years.

B = Value of existing commitments and on-going works to be completed during the next
18 months (period of completion of the works for which Tenders are invited).

value of civil engineering

Financial Year Financial Year (Year wise)
works executed in the last
five years
1 2018-19

2 2017-18

3 2016-17

4 2015-16

5 2014-15

Note- This Bid Capacity certificate should be certified by the Chartered Accountant/Statutory Auditor of
the Bidder.

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Annexure – I (Format: I-3)

(See clause 14 of Section 2 of ITB& Clause 6 of ITB

LIST OF TECHNICAL PERSONNEL FOR THE KEY POSITIONS AVAILABLE WITH THE BIDDER

Sr.No. Name of Personnel Proposed Key Qualification Age Similar work Total Work
Position experience Experience

Bidder shall submit the list of proposed key personnel as per the requirement of eligibility criteria in this
format with technical bid proposal along with the necessary supporting documents of key personnel.
Note:
1. Aforesaid personnel shall be deployed within the period starting from the date of award of contract as stipulated in
the contract.
2. Approval of the superintending engineer about suitability of personnel shall be obtained before deployment.
3. Penalty for non-deployment of above staff mentioned in the clause no 2.10.3.8 of eligibility criteria are as follows:

Penalty to be computed on Per week basis for

S.no Expert
the non-deployment
1 Project Manager Rs.50,000
2 Construction Manager Rs.25,000
3 Highway Engineer (Design) Rs.30,000
4 Engineering Manager (Design) Rs.30,000
5 Construction Quality Control Manager Rs.30,000
6 Safety Manager Rs.20,000
7 Sr. Electrical Engineer Rs.20,000
8 Sr. Mechanical Engineer Rs.20,000
9 Sr. Surveyor Rs.25,000
10 Quantity Surveyor Rs.25,000
11 Material Engineer Rs.25,000

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Annexure – I (Format: I-4)

(See clause 14 of Section 2 of ITB)
Machinery and Equipment Required for Conducting Tests as per MOST / MORTH Specifications (5th Revision) for
Roads & Bridges Works / MP UD&HD Specifications (Road & Bridge)

List of Key Equipment/ Machines for Quality Control Labs

Minimum requirement
Quantity for works costing Quantity
S. From Above Available Remark
Name of Equipment/ Machinery Up to Rs
No. Rs 5 Cr to Rs 20 with the s
5 Cr 20 Cr Cr Bidder
A) GENERAL
1) Weigh Balances
a) 5-20 kg capacity Electronic type
– Accuracy 1 gm Nil Nil 1 No.
b) 500 gm capacity-Electronic Type
1 No. 1 No. 1 No.
Accuracy 0.01 gm
c) Electronic 5 kg capacity
1 No. 1 No. 1 No.
Accuracy 0.5 gm
e) Chemical Balance 100 gm
Nil Nil 1 No
capacity-accuracy 0.001 gm
Oven-electrically operated,
thermostatically controlled (including thermometer),
2) 1 No 1 No 1 No
stainless steel interior (From 0ºC to 220ºC
Sensitivity 1ºC)
3) Sieves : as per IS:460-1962
a) I.S. sieves 450 mm internal dia of sieve sets as
per BIS of required sieve sizes complete with lid 1 set 1set 3 set
and pan
b) IS sieve 200 mm internal dia
(brass frame and steel/or brass wire cloth mesh)
2 sets 2 sets 3 sets
consisting of sieve sets of required sieve sizes
complete with lid
Sieve shaker capable of saking 200
mm and 450 mm dia sieves- electrically operated
4) Nil 1 No 3 No
with time switch (for work costing more than 15
crore only)
200 tonnes compression testing
5) 1 No 1 No 2 No
machine
6) Stop watches 1/5 sec. accuracy 1 No 1 No 3 No
Glassware comprising beakers,
pipettes, dishes, measuring cylinders (100 to 1000
2 No. 2 No. 2 No.
7) cc capacity) glass roads and funnels, glass
each each each
thermometers range 0ºC to 100ºC and metallic
thermometers range up to 300ºC.
8) Hot plates 200 mm dia (1500 watt.) 1 No 2 No
9) Enamel trays
a) 600 mm x 450 mm x 50 mm 1 Nos 1 Nos 2 Nos
b) 450 mm x 300 mm x 40 mm 1 Nos 1 Nos 2 Nos
c) 300 mm x 250 mm x 40 mm 1 Nos 1 Nos 2 Nos
d) Circular plates of 250 mm dia 1 Nos 1 Nos 2 Nos

SSCL/2019 -20/XXX Page 55 of 170

10) Water Testing Kit Nil Nil 1 No

B) FOR SOILS
1) Water Tank 1No 1No 3No
Liquid limit device with ASTM
2) Nil 1 No 1 No
grooving tools as per IS:2720
Sampling pipettes fitted with
3) pressure and suction inlets, 10 ml. Nil 1 set 1 set
Capacity
Compaction apparatus (Proctor) asper IS:2720
4) (Part 7) complete with collar, base plate and Nil 1 No 1 No
hammer and all other accessories
Modified AASHTO Compaction apparatus as per
IS:2720 (Part 8)
1974 or Heavy Compaction Apparatus as per IS
5) Nil 1 No 1 No
complete with collar, base plate hammer and all
other accessories (for work costing more than 15
crore only)
Sand pouring cylinder with conical funnel and tap
and complete as per IS:2720 (Part 28) 1974
6) 1 Nos 2 Nos 2 Nos
including
modern equipment.
As
As As
7) Ennore Standard Sand require
uire d uire d
d
Sampling tins with lids 100 mm dia x 75 mm ht.
½kg capacity and miscellaneous items like
8) Nil Nil 4 Nos
moisture
tins with lid 50 grams etc.
Lab CBR testing equipment for
conducting CBR testing, load frame with 5 Tonne
9) capacity, electrically operated with speed control as Nil 1 Set 1 Set
per IS:2720 (Part 16) and consisting of following:
(for work costing more than 15 crore only)
a) CBR moulds 150 mm dia – 175
Nil 6 No 6 No
ht.
b) Tripod stands for holding dial
Nil 4 Nos 4 Nos
gauge holder
c) CBR plunger with settlement
Nil 1 No 1 No
dial gauge holder
d) Surcharge weight 147 mm dia
2.5 kg wt. Nil 6 Nos 6 Nos
e) Spacers disc 148 mm dia 47.7
Nil 2 Nos 2 Nos
mm ht. With handle
f) Perforated plate (Brass) Nil 2 Nos 2 Nos
g) Soaking tank for accommodating
Nil 2 Nos 2 Nos
6 CBR moulds
h) Proving rings of 1000 kg, 2500 1 No 1 No
Nil
kg capacity each each
i) Dial gauges 25 mm travel-0.01
Nil 2 No 2 No
mm/division
Standard penetration test
10) Nil Nil 1 No
equipment
11) Nuclear moisture Density meter or Nil Nil 1 No
equivalent(for work costing more

SSCL/2019 -20/XXX Page 56 of 170

than 15 crore only)

12) Speedy moisture meter complete
I No 1 No 3 No
with chemicals
13) Unconfined Compression Test
Apparatus (for work costing more than 15 crore Nil Nil 1 No
only)
C) FOR CEMENT, CEMENT
CONCRETE AND MATERIALS
1) Water Tank 1 No 1 No 1 No
2) Vicat needle apparatus for setting
time with plungers as per IS:269- 1 No 1 No 1 No
1967
3) Moulds
a) 150 mm x 300 mm ht. Cylinder As
with capping component along with the capping set Nil Nil Requi
and compound as per IS re d
b) Cube 150 mm, and 100 mm 24
6 Nos 12 Nos Nos
(each size)
4) Concrete permeability apparatus Nil Nil 1 No
5) High frequency mortar cube
Nil Nil 1 No
vibrator for cement testing
6) Concrete mixer power driven, 1
Nil Nil 1 No
cu.ft. capacity
7) Variable frequency and amplitude
vibrating table size 1 m x 1 m as per the relevant Nil Nil 1 No
British Standard
8) Flakiness index test apparatus 1 No 1 No 1 No
9) Aggregate impact test apparatus as
Nil Nil 1 No
per IS:2386 (Part 4) 1963
10) Los-Angeles abrasion test
apparatus as per IS:2386 (Part 4) Nil Nil 1 No
1963
11) Flow table as per IS:712-1973 Nil Nil 1 No
12) Equipment for slump test 1 No 1 No 2 No
13) Equipment for determination of
specific gravity or fine and coarse aggregate as per
1 No 1 No 2 No
IS:2386 (Part 3)
1963
14 Compression and Flexural strength
testing machine of 200 T capacity with additional 1 No 1 No 2 No
dial for flexural testing
15 Core cutting machine with 10/15
1 No 1 No 2 No
cm dia diamond cutting edge
16) Needle vibrator 1 No 1 No 2 No
17) Air entrainment meter Nil Nil 1 No
18) 0.5 Cft, 1 Cft cylinder for checking
bulk density of aggregate with tamping rod Nil 1 No 2 No
19) Soundness testing apparatus for
Nil Nil 1 No
cement (Lee Chattlier)
E) FOR CONTROL OF PROFILE
AND SURFACE EVENNESS
1) Total Station Nil 1 No 1 No
2) Precision automatic level with 1 set 1 set 1 set

SSCL/2019 -20/XXX Page 57 of 170

micrometer attachment
3) Distomat or equivalent Nil Nil 1 Set
4) Theodolite – Electronically
operated with computerized output attachment Nil Nil 1 No
5) Precision staff 2 sets 4 sets 8 sets
6) 3 meter straight edge and measuring wedge 1 sets 2 sets 8 sets
7) Camber template 2 Lane
a) Crown type cross – section 1sets 1 sets 4 sets
b) Straight run cross – section 1sets 1sets 4sets
8) Steel tape
a) 5 m long 2 Nos 4 Nos 8 Nos
b) 10 m long 2 Nos 4 Nos 8Nos
c) 20 m long 2 Nos 4 Nos 8Nos
d) 30 m long 2 Nos 4 Nos 8 Nos
e) 50 m long 1 No 4 No 8 No
1 No. 1 No. 1 No.
(when (when (when
9) Rough meter (Bump Integrator) required) required) required)

Note: Intention to procure/lease the equipment should be accompanied by documents to the effect. The nature of
documents could be any one of the under:
i) Order to the manufacturer of the plant and equipment’s.
ii) Confirmation from the manufacturer.
iii) Proof of payments in full or part.
iv) Agreement to lease the equipment.
Contractor should establish a fully air-conditioned Material test lab at site & mobile lab for field tests & quality control
of the work with all necessary equipment in it after the commencement of the work.

SSCL/2019 -20/XXX Page 58 of 170

Annexure – I (Format : I-5)

(See clause 14 of Section 2-ITB)

List of Key Equipment’s/ Machines for Construction Work (Road)

Minimum requirement

Quantity Required with the bidder for

Name of Equipment/ works costing Quantity Available
S. No. Remarks
Machinery Upto Rs 5 From Rs 5 Above Rs with the bidder
Cr Cr to 20 Cr 20 Cr
a) Hot mix plant (40-60
TPH), fully computerized with
four bin feeder lime/dust 1 No. 1 No. 1 No.

feeder as per IRC

specification
1.
b) RMC Batch mix plant (60
TPH), fully computerized with
four bin feeder lime/dust Nil Nil 1 No.
feeder as per IRC
specification

c) WBM/ CRM mix plant as

per IRC specification of 1 No.
required capacity

2. Loaders 1 No. 1 No. 2 No.

3. Tippers 2 Nos. 5 Nos. 10 Nos.

Tandem Road Roller 8-10

4. 1 No. 2 No. 4 No.
ton

5. Vibratory Road Roller 1 Nos. 1 Nos. 2 Nos.

6. Blower of suitable capacity 1 No 2 No 2 No

Sensor Paver finisher filled

7. 1No. 1No. 2 No. -
with vibratory screed
8. for Concrete pavements

i) Plate Vibrators 1 Nos. 1 Nos. 2 Nos.

ii) Pin Vibrators 1 Nos. 1 Nos. 2 Nos.
iii) Concrete sensor paver 1 No 1 No 1 No

SSCL/2019 -20/XXX Page 59 of 170

9 Truck Mounted Sprinkler 2 Nos.

Water Tanker
10 Grader 2 Nos.
Rock/ Concrete pneumatic
11 4 Nos.
breaker

12 Excavator with Rock Breaker 4 Nos.

Dewatering Pumps
13 8 Nos.

14 Slip Form Paver 1 Nos

Note: Intention to procure/lease the plants and machinery should be accompanied by documents to the effect. The
nature of documents could be any one of the under:
i) Order to the manufacturer of the plant and equipment’s.
ii) Confirmation from the manufacturer.
iii) Proof of payments in full or part.
iv) Agreement to lease the equipment.
The above list of essential equipment for quality control is for guidance and is not complete.
v) Other apparatus and equipment as desired/required by the Engineer-in-Charge shall be procured by the
Contractor

SSCL/2019 -20/XXX Page 60 of 170

Annexure J– Financial Bid

(See clause 14 of Section 2 of ITB)
FINANCIAL BID

(TO BE CONTAINED IN ENVELOPE C)

NAME OF WORK
I/We hereby bid for the execution of the above work within the time specified at the rate (in figures) -------------------- (in
words) ------------------- percent below/ above or at par based on the Bill of Quantities and item wise rates given therein
in all respects and in accordance with the specifications, designs, drawings and instructions in writing in all respects
in accordance with such conditions so far as applicable. I/We have visited the site of work and am/are fully aware of
all the difficulties and conditions likely to affect carrying out the work. I/We have fully acquainted myself/ourselves
about the conditions in regard to accessibility of site and quarries/kilns, nature and the extent of ground, working
conditions including stacking. of materials, installation of tools and plant conditions effecting accommodation and
movement of 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 Sagar Smart
City Limited 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 (except GST) 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 Sagar Smart City Limited dated the ----------------------- day of
20
Signature of Officer by
whom accepted

SSCL/2019 -20/XXX Page 61 of 170

Annexure – K: Materials to be issued

(See clause 15 of Section 2 of ITB)
Not Applicable

SSCL/2019 -20/XXX Page 62 of 170

Annexure – L- Letter of Acceptance

(See clause 21 of Section 2 of ITB)

LETTER OF ACCEPTANCE (LOA)

No. _ Dated:

To,

M/s.

(Name and address of the contractor)

Subject:
(Name of the work as appearing in the bid for the work)

Dear Sir (s),

Your bid for the work mentioned above has been accepted on behalf of the Sagar Smart City Limited
at your bided percentage ------- below/above or at par the Bill of quantities and item wise rates given therein.

You are requested to submit within days from the date of issue of this letter:

a. The performance security/ performance guarantee of Rs. (in figures) (Rupees

in words only). The performance security shall
be in the shape of term deposit receipt/ bank guarantee of any nationalized / schedule commercial bank
valid upto three months after the expiry of defects liability period.
b. Sign the contract agreement.

Please note that the time allowed for carrying out the work as entered in the bid is months
including/excluding rainy season, shall be reckoned from the date of signing the contract agreement.

Signing the contract agreement shall be reckoned as intimation to commencement of work and no separate
letter for commencement of work is required. Therefore, after signing of the agreement, you are directed to
contact ED for taking the possession of site and necessary instructions to start the work.

Yours faithfully,

(NAME OF SIGNING AUTHORITY)

CEO
SSCL

SSCL/2019 -20/XXX Page 63 of 170

Annexure – M- Performance Security

(See clause 22 of Section 2 of ITB)
PERFORMANCE SECURITY

[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] (herein after 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 WHREREAS 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.

SSCL/2019 -20/XXX Page 64 of 170

Signature, Name and Seal of the

Name of the signatory

Designation
Employee no:
IFSC code
Contact no :
Address of the bank
E-mail
Place
Date
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.

SSCL/2019 -20/XXX Page 65 of 170

Annexure – N Drawings
(See clause 10 of Section 3 of GCC)
DRAWINGS (Attached Separately)

No of
Document Name Description
Sl.No. Drawings/Pages
Details of Proposed Road
1 DOC_01_DWG_SR1 Stretch 1 45 Drawings
Details of Proposed Road
2 DOC_02_DWG_SR2 Stretch 2 65 Drawings
Details of Proposed Road
3 DOC_03_DWG_SR3 Stretch 3 22 Drawings
Details of Proposed Road
4 DOC_04_DWG_SR4 Stretch 4 25 Drawings
Details of Proposed Road
5 DOC_05_DWG_SR5 Stretch 5 21 Drawings
Details of Miscellaneous
6 DOC_06_DWG_MISCELLANEOUS Drawings 33 Drawings
7 DOC_007_PROPOSED_PLANTATION Plantation Proposal 8 Pages

SSCL/2019 -20/XXX Page 66 of 170

Annexure – O Milestones
(See clause 10 of Section 3 of GCC)

DETAILS OF MILESTONES

S.N
O. COMPONENT Months

Month

(Rains)
Month

Month

Month
4 Months

One
One

One

One
4Month
Construction of Road (Widening
1 and Resurfacing)
2 Drain Work
3 Construction of Divider
4 Utility Duct and footpath
5 Paving Works
6 Retaining wall
7A HPC(Hume pipe culvert)
Technical Approvals

7B Slab culvert
7C Minor bridge
8 Street light
Line shifting (overhead HT/LT to
9 underground)
10 Landscaping and parking
11 Multi duct
12 Fire hydrant
13 Bus stop
14 On street parking
Other works(street furniture,
high mast, parking, culvert
dismantling, CNC jali, Junctions,
15 park at tilli square)
Total
Total (in crore)
To be prepared & submitted by the successful bidder with detailed timelines.

SSCL/2019 -20/XXX Page 67 of 170

Annexure – P Compensation for delay

(See clause 10 of Section 3 of GCC)

COMPENSATION FOR DELAY

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

i. Slippage up to 25% in financial target during the milestone under consideration – 2.5% of the work
remained unexecuted in the related time span.

ii. Slippage exceeding 25% but up to 50% in financial target during the milestone under consideration –
5% of the work remained unexecuted in the related time span.

iii. Slippage exceeding 50% but up to 75% in financial target during the milestone under construction –
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 maximum of
10% of contract price.

The decision of Chief Executive Officer shall be final and binding upon both the parties.

SSCL/2019 -20/XXX Page 68 of 170

Annexure – Q (Not Applicable)

SSCL/2019 -20/XXX Page 69 of 170

Annexure – R Price Adjustment

(See clause 10 of Section 3 of GCC)

PRICE ADJUSTMENT
The formulas for adjustment of price are as follow:
R = value of work as defined in Clause 31.2(3) of General Conditions of Contract
Weightages* of component in the work

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

 Weightages of various components of the work shall be as determined by the competent technical sanction
authority.

Adjustment for component

i. Price adjustment for increase or decrease in the cost of cement procured by the contractor shall be paid in
accordance with the following formula:
Vc = 0.85 x Pc/100 x R x (C1-C0)/C0
Vc = increase or decrease in the cost of work during the month under Consideration due to changes in
rates for cement.
C0 = The all India Wholesale price index for Grey cement on the date of opening of Bids as published by
the Ministry of Industrial Development, Government of India, New Delhi. (www.eaindustry.nic.in)
C1 = The all India average wholesale price index for Grey cement for the month under consideration as
published by Ministry of Industrial Development, Government of India, New Delhi.
(www.eaindustry.nic.in)
Pc = Percentage of cement component of the work
Note: For the application of this clause, index of Grey Cement has been chosen to represent Cement
group.

Adjustment of Steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the Contractor shall be paid in
accordance with the following formula:
Vs = 0.85 x Ps x /100 x R x (S1-S0)/S0
Vs = Increase or decrease in the cost of work during the month under consideration due to changes in
the rates for steel.

SSCL/2019 -20/XXX Page 70 of 170

S0 = The all India wholesale price index for steel (Bars and Rods) on the date of opening of bids as
published by the Ministry of Industrial Development, Government of India, New Delhi.
(www.eaindustry.nic.in)
S1 = The all India wholesale price index for steel (Bars and Rods) for the month under consideration as
published by the Ministry of Industrial Development, New Delhi. (www.eaindustry.nic.in)
Ps = Percentage of steel component of the work.
Note: For the application of this clause, index of Bars and rods has been chosen to represent steel group.

Adjustment of bitumen component

(iv) Price Adjustment for increase or decrease is the cost of bitumen shall be paid in accordance with the following
formula:
Vb = 0.85 x Pb/ 100 x R x (B1-B0) / B0
Vb = Increase or decrease in the cost of work during the month under consideration due to changes in rates for
bitumen.
B0 = The official retail price of bitumen at the IOC depot at nearest center on the date of opening of Bids.
B1 = The official retail price of bitumen of IOC depot at nearest center for the 15th day of the month under
consideration.
Pb = Percentage of bitumen component of the work.

Adjustment of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall be paid in accordance with the
following formula:
Vf = 0.85 x Pf / 100 x R x (F1-F0) / F0
Vf = Increase or decrease in the cost of work during the month under consideration due to changes in rates for
fuel and lubricants.
F0 = The official retail price of High Speed Diesel (HSD) at the existing consumer pumps of IOC at nearest
center on the date of opening of Bids.
F1 = The official retail price of HSD at the existing consumer pumps of IOC at the nearest center for the 15th
day of month of the under consideration.
Pf = Percentage of fuel and lubricants component of the work.
Note: For the application of this clause, the price of High Speed Diesel has been chosen to represent fuel and
lubricants group.

SSCL/2019 -20/XXX Page 71 of 170

Annexure – S Bank Guarantee Form for Advance

(See clause 32 of Section 3 -GCC)
BANK GUARANTEE FORM' FOR MOBILIZATION AND CONSTRUCTION MACHINERY ADVANCE
To,
[name of Employer]
[address of Employer]
[name of Contractor]
ln accordance with the provisions of the General Conditions of Contract, clause 31 ("Mobilization and
Construction Machinery Advance") of the above-mentioned Contract _ [name and address of
Contractor] (hereinafter called "the Contractor”) shall deposit with - _ [name of Employer] a bank guarantee to
guarantee his proper and faithful performance under the said Clause of the Contract in an amount of-----------------
-------- [amount of Guarantee* --------------------------------------------------- [in words].
We, the [bank of financial institution] as instructed 'by the Contractor, agree
unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to
[name of Employer] on his first demand without whatsoever right of obligation on our part and
without his first claim to the Contractor, in the amount not exceeding [amount of guarantee] *[in words].
We further agree that no change or addition to or other modification of the terms of the Contractor or Works to be
performed there under or of any of the Contract documents which may be made between [name of Employer]
and the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive
notice of any such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until
[name of Employer] receives full repayment of the same amount from the Contractor.
Yours truly,
Signature and Seal:
Name of the signatory
Designation
Employee no:
IFSC code
Contact no :
Address of the bank
E-mail

PLACE: DATED

WITNESS.

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

SSCL/2019 -20/XXX Page 72 of 170

Annexure –T Bank Guarantee form for Secured advance NOT APPLICABLE

(See cause 33 of Section 3- GCC)

Bank Guarantee Form for Secured Advance

INDENTURE FOR SECURED ADVANCES

This indenture made the----------------day of --------------20--------BETWEEN----------------(hereinafter called

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

Whereas by an agreement dated ------------ (herein 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 the subject of the said agreement for use in the
construction of such of the works as he has undertaken to execute 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 o f Rupees--------------------
on the security of materials, the quantities and other particulars of which are detailed in Accounts if 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 WITNESSTH 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 convenient 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 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

SSCL/2019 -20/XXX Page 73 of 170

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

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

(6) 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 updates 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.

SSCL/2019 -20/XXX Page 74 of 170

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

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

(b) Remove and sell by public auction the seized materials or any part thereof and out of the moneys arising
from the sale retain all the sums aforesaid repayable or 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.

(8) 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.

(9) 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. ' ‘

SSCL/2019 -20/XXX Page 75 of 170

Annexure – U Physical Completion certificate

(See clause 35 of section 3 -GCC)
Physical Completion Certificate

Name of Work:

Agreement No. Date

Amount of Contract Rs _
Name of Agency: _
Used MB No.:
Last measurement recorded
a. Page No. & MB No.: _
b. Date:

Certified that t h e ab o v e mentioned work was physically completed on................. (Date) and taken over
on .................... (Date) and that I have satisfied myself to best of my ability that the work has been done properly.

Date of issue
Chief Executive Officer

SSCL/2019 -20/XXX Page 76 of 170

Annexure – V Final Completion certificate

(See clause 35 of section 3 -GCC)

Final Completion Certificate

Name of Work:

Agreement No. _ Date:

Name of Agency: _

Used MB No.

Last Measurement recorded

b. Page No. & MB No.

c. Date

Certified that the above mentioned work was physically completed on (date)

And taken over on (date).

Agreement amount Rs.

Final amount paid to contractor Rs. _

Incumbency of officers for the work

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

Date of Issue

Chief Executive Officer

SSCL/2019 -20/XXX Page 77 of 170

Annexure – W
Labour Laws (See clause 39 of Section 3 -GCC)

Salient Features of Some Major Labour Laws Applicable

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

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

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

i. Pension or family pension on retirement or death as the case may be. '

ii. Deposit linked insurance on the death in harness of the worker.

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

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

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

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

SSCL/2019 -20/XXX Page 78 of 170

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

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

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

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

(k) Industrial Employment (Standing Orders) Act 1946: - It is applicable to all establishments employing prescribed
minimum (say, 100, or 50). The Act provides for laying down rules governing the conditions of employment by
the Employer on matters provided in the Act and gets these certified by the designated Authority.

(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 o employment of children in all other
occupations and processes. Employment of child labour is prohibited in building and construction industry.

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

(o) The Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996
and the Cess Act of 1996: - All the establishments 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

SSCL/2019 -20/XXX Page 79 of 170

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.

SSCL/2019 -20/XXX Page 80 of 170

Annexure: x (Not Applicable)

SSCL/2019 -20/XXX Page 81 of 170

Annexure: Y

PROFORMA OF BANK GUARANTEE

(IN LIEU OF SECURITY DEPOSIT)

(Judicial Stamp paper of appropriate value as per stamp Act-of respective state)
Sagar Smart City Ltd., Sagar Smart City Office, Old RTO

Building Near Tilli Tiraha, Sagar, Madhya Pradesh 470002

In consideration of the Sagar Smart City Development Corporation Ltd., having its registered Office
at Sagar Smart City Office, Old RTO Building Near Tilli Tiraha, Sagar, Madhya Pradesh 470002
........................... (hereinafter called "SSCL") which expression shall include its successors and
assigns havingawardedtoM/s........................................(hereinaftercalled ........... "the
supplier/Contractor") which expression shall wherever the subject or context so permits includes its
successors and assigns) a Contract in terms inter-alia of SSCL's.......... letter
........................... No...................... dated.......... and the Contract/Purchase Conditions of SSCL
and upon the condition of the Supplier/Contractor furnishing Security for..................... the
performance of the Supplier's obligations and /or discharge of the contractor's/supplier's liability
under and/or in connection with the said supply contract upto a sum of Rs (Rupees. only)

We, ..................... ((hereinafter called "The Bank") which expression shall include its successors and
assigns) hereby undertake and guarantee payment to SSCL forthwith on the same day on demand in
writing and without protest or demur of any and all moneys payable by the supplier/contractor to
SSCL under, in respect or in connection with the said contract inclusive of all the losses, damages,
costs, charges and expenses and other moneys payable in respect of the above as specified in any
notice of demand made by SSCL to the Bank with reference to this guarantee upto and aggregate
limit of Rs…......(Rupees.....................only)and the bank hereby

agree with SSCL that:

This Guarantee shall be continuing guarantee and shall ............... remain valid and irrevocable for all
claims of SSCL and liabilities of Supplier/Contractor arising upto and until midnight of............

This Guarantee shall be in addition to any other Guarantee or Security whatsoever that SSCL now or
at any time have in relation to the Supplier's obligations/liabilities under and/or in connection with the
said supply/contract, and SSCL shall have full authority to take recourse or to enforce this Security in
preference to any other Guarantee or Security which SSCL may have or obtain and no
forbearance on the part of SSCL in enforcing or requiring enforcement of any other Security shall
have the effect of releasing the Bank from its liability hereunder.

SSCL shall be at liberty without reference to the Bank and without affecting the full liability of the
Bank hereunder to take any other security in respect of the Supplier's/Contractor's obligations and/ or
liabilities under or in connection with the said supply/contract or to grant time and / or indulgence to
the supplier / contractor or to increase or otherwise vary the prices or the total contract value or to
release or to forbear from enforcement of all or any of the conditions under the said supply / contract
and / or the remedies of SSCL under any other security/securities now or hereafter held by SSCL
and no such dealings, increase(s) or other indulgence(s) or arrangement(s) with the supplier /
contractor or releasing or forbearance whatsoever shall have the effect of releasing the Bank from its
full liability to SSCL hereunder or prejudicing rights of SSCL against the Bank. This Guarantee shall
not be determined or affected by the liquidation or winding up, dissolution or change of constitution or
insolvency of the supplier / contractor but shall in all respects and for all purposes be binding and
operative until payment of all moneys payable to SSCL in terms thereof.

The Bank hereby waives all rights at any time inconsistent with the terms of this Guarantee and the
obligations of the Bank in terms hereof shall not be otherwise affected or suspended by reason of
any dispute or disputes having been raised by the supplier /contractor (whether or not pending

SSCL/2019 -20/XXX Page 82 of 170

before any Arbitrator, Tribunal or Court) or any denial or liability by the supplier/ contractor stopping/
preventing or purporting to stop or prevent any payment by the Bank to SSCL in terms thereof.

The amount stated in any notice of demand addressed by SSCL to the Guarantor as liable to be paid
to SSCL by the supplier/contractor or as suffered or incurred by SSCL on account of any
losses or damages, costs, charges and / or expenses shall as between the Bank and SSCL be
conclusive of the amount so liable to be paid to Scold suffered or incurred by SSCL as the case may
be and payable by the Guarantor to SSCL in terms hereof subject to a maximum of Rs ...........
(Rupees....................only), unless demand or claim under this Guarantee is made on the Guarantor
in writing within three months form the date of expiry of the Guarantee i.e. upto the Guarantor shall
be discharged from all liabilities under this Guarantee there under.

Notwithstanding anything contained herein before our liability under this guarantee is restricted to Rs
.................(Rupees only). This guarantee will expire on......Any claim under this Guarantee must
be received by us within three months from the date of expiry i.e.................(date, three months after
the expiry date) and if no such claim has been received by us by that date all your rights under this
guarantee will cease.

For and on behalf of the Bank

_
[signature(s)]
Name of the signatory
Designation
Employee no:
IFSC code
Contact no:
Address of the bank
E-mail
Place
Date

SSCL/2019 -20/XXX Page 83 of 170

Annexure: AA
FORM OF POWER OF ATTORNEY FOR SIGNING THE BID DOCUMENTS

(On a stamp paper of relevant value)

Know all men by these presents, we, ............................................. (name of contractor and address of
the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr /
Ms........................................ Son/daughter/wife of ........................................And presently residing at
.................................., who is presently employed with us and holding the position of as our true and
lawful attorney (here in after referred to As the “attorney”) to do in our name and on our behalf, all
such acts, deeds and things as are necessary or required in connection with or incidental to
submission of bid for the for “design, development and implementation of Smart Road for Sagar city”
being developed by the SSCL including but not limited to signing and submission of all applications,
proposals/bids and other documents and writings, participating in pre-bid and other conferences and
providing information/ responses to SSCL, representing us in all matters before SSCL, signing and
execution of all contracts and undertakings consequent to acceptance of our proposal and generally
dealing with SSCL in all matters in connection with or relating to or arising out of our proposal for the
said work and/or upon award thereof to us till the entering into of the agreement with SSCL.

And generally to act as our attorney or agent on behalf of us in relation to the bid for “design,
development and implementation of Smart Road at Sagar city and to execute and do all instruments,
acts, deeds, matters and things in relation to the said proposal or any incidental or ancillary activity,
as fully and effectually in all respects as we could do if personally present.

And we hereby agree to ratify and confirm and agree to ratify and confirm all acts, deeds and things
whatsoever lawfully done or caused to be done by our said attorney and that all acts, deeds and
things done by our said attorney in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us.
In witness where of we,........................................ the above named principal have
Executed this attorney on this ....................Day of ............................................................................. ,
2020 for
.......................................
(signature, name, designation and address)
Witness

Notarized
Accepted

(signature, name, designation and address of the attorney)

SSCL/2019 -20/XXX Page 84 of 170

Annexure: AB

AFFIDAVIT *(Black listing)

(To be submitted on Bidders Company Letter Head)

1. I, the undersigned, do hereby certify that all the statements made in the Tender document are
true and correct.

2. The undersigned also hereby certifies that neither our firm M/s. nor any of
its constituent partners are blacklisted by any of the Govt./Semi Govt. institutions and not have
abandoned any work of buildings / Infrastructures works in India nor any contract awarded to us for
such works have been rescinded, during last five years prior to the date of this application.

SIGNED BY AN AUTHORIZED OFFICER OF THE FIRM

TITLE OFOFFICER

NAME OFFIRM

SSCL/2019 -20/XXX Page 85 of 170

Annexure: AC

Resume of Proposed Personnel

Position

Personnel Name Date of birth

information

Professional qualifications

Present Name of employer

employment

Address of employer

Telephone Contact (manager / personnel officer)

Fax E-mail

Job title Years with present employer

Summarize professional experience in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.

From To Company / Project / Position / Relevant technical and

management experience

SSCL/2019 -20/XXX Page 86 of 170

SECTION 4
Conditions of Contract

Part -1 – General Conditions of Contract

1.Definitions The following words and expressions shall have the meanings hereby
assigned them:
“Contract” means the Contract Agreement entered into between the Employer
and the Contractor, together with the Contract Documents referred to therein;
they shall constitute the Contract, and the term “the Contract” shall in all such
documents be construed accordingly.
“Contract Documents” means the documents listed in Article 1.1 (Contract
Documents) of the Contract Agreement (including any amendments thereto).
“GCC” means the General Conditions of Contract.
“SCC” means the Special Conditions of Contract.
“Day” means calendar day.
“Year” means 365 days.
“Month” means calendar month.
“Party” means the Employer or the Contractor, as the context requires.
“Employer” means the person named as such in the SCC and includes the
legal successors or permitted assigns of the Employer.
“Project Manager” means the person appointed by the Employer in the
manner provided in GCC Sub-Clause 17.1 (Project Manager) hereof and
named as such in the SCC to perform the duties delegated by the Employer.
“Contractor” means the person(s) named as Contractor in the Contract
Agreement, and includes the legal successors or permitted assigns of the
Contractor.
“Contractor’s Representative” means any person nominated by the
Contractor and approved by the Employer in the manner provided in GCC
Sub-Clause 17.2 (Contractor’s Representative and Construction Manager)
hereof to perform the duties delegated by the Contractor.
“Construction Manager” means the person appointed by the Contractor’s
Representative in the manner provided in GCC Sub-Clause 17.2.4.
“Sub-contractor,” including manufacturers, means any person to whom
execution of any part of the Facilities, including preparation of any design or
supply of any Plant, is sub-contracted directly or indirectly by the Contractor,
and includes its legal successors or permitted assigns.
“Dispute Board” (DB) means the person or persons named as such in the
SCC appointed by agreement between the Employer and the Contractor to
make a decision on or to settle any dispute or difference between the
Employer and the Contractor referred to him or her by the parties pursuant to
GCC Sub-Clause 44…. (Dispute Board) hereof.
“Contract Price” means the sum specified in Article 2 (Contract Price) of the
Contract Agreement, subject to such additions and adjustments thereto or
deductions there from, as may be made pursuant to the Contract.
“Facilities” means the Infrastructure required for the Dwelling Units and the
associated utilities, Plant to be supplied and installed, as well as all the
Installation Services to be carried out by the Contractor under the Contract.

SSCL/2019 -20/XXX Page 87 of 170

“Infrastructure for the Dwelling Units and the associated utilities Plant” means
permanent Buildings, plant, equipment, machinery, apparatus, articles and
things of all kinds to be provided and incorporated in the Facilities by the
Contractor under the Contract (including the spare parts to be supplied by the
Contractor under GCC Sub-Clause 7.3 hereof), but does not include
Contractor’s Equipment.
“Installation Services” means all those services ancillary to the supply of the
Plant for the Facilities, to be provided by the Contractor under the Contract,
such as transportation and provision of marine or other similar insurance,
inspection, expediting, site preparation works (including the provision and use
of Contractor’s Equipment and the supply of all construction materials
required), installation, testing, pre commissioning, commissioning,
operations, maintenance, the provision of operations and maintenance
manuals, training, etc… as the case may require.
“Contractor’s Equipment” means all facilities, equipment, machinery, tools,
apparatus, appliances or things of every kind required in or for installation,
completion and maintenance of Facilities that are to be provided by the
Contractor, but does not include Plant, or other things intended to form or
forming part of the Facilities.
“Country of Origin” means the countries and territories eligible under the rules
of the Bank as further elaborated in the SCC.
“Site” means the land and other places upon which the Facilities are to be
installed, and such other land or places as may be specified in the Contract
as forming part of the Site. The ‘site’ shall mean the land and/or other place
on into or through which work is to be executed under the contract or any
adjacent land, path or street which may be allotted or used for the purpose or
carrying out the contract.

“Effective Date” means the date of fulfillment of all conditions stated in the
Special Conditions of Contract (SCC) (Effective Date), upon which the period
until the Time for Completion shall be counted from.
“Time for Completion” means the time within which Completion of the
Facilities as a whole (or of a part of the Facilities where a separate Time for
Completion of such part has been prescribed) is to be attained, as referred to
in GCC Clause 8 and in accordance with the relevant provisions of the
Contract.
“Completion” means that the Facilities (or a specific part thereof where
specific parts are specified in the Contract) have been completed
operationally and structurally and put in a tight and clean condition, that all
work in respect of Pre commissioning of the Facilities or such specific part
thereof has been completed, and that the Facilities or specific part thereof are
ready for Commissioning as provided in GCC Clause 24 (Completion) hereof.
“Pre commissioning” means the testing, checking and other requirements
specified in the Employer’s Requirements that are to be carried out by the
Contractor in preparation for Commissioning as provided in GCC Clause 24
(Completion) hereof.
“Commissioning” means operation of the Facilities or any part thereof by the
Contractor following Completion, which operation is to be carried out by the
Contractor as provided in GCC Sub-Clause 25.1 (Commissioning) hereof, for
the purpose of carrying out Guarantee Test(s).
“Guarantee Test(s)” means the test(s) specified in the Employer’s
Requirements to be carried out to ascertain whether the Facilities or a
specified part thereof is able to attain the Functional Guarantees specified in
the Appendix (Functional Guarantees) to the SCC in accordance with the
provisions of GCC Sub-Clause 25.2 (Guarantee Test) hereof.

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“Operational Acceptance” means the acceptance by the Employer of the

Facilities (or any part of the Facilities where the Contract provides for
acceptance of the Facilities in parts), which certifies the Contractor’s
fulfillment of the Contract in respect of Functional Guarantees of the Facilities
(or the relevant part thereof) in accordance with the provisions of GCC
Clause 28 (Functional Guarantees) hereof and shall include deemed
acceptance in accordance with GCC Clause 25 (Commissioning and
Operational Acceptance) hereof.
“Defect Liability Period” means the period of validity of the warranties given by
the Contractor commencing at Completion of the Facilities or a part thereof,
during which the Contractor is responsible for defects with respect to the
Facilities (or the relevant part thereof) as provided in GCC Clause 27 (Defect
Liability) hereof.
“Construction Documents “: means all drawings, calculations, computer
software (Programmes), samples, patterns, models, Operation and
Maintenance Manuals and information of a similar nature, to be furnished by
the Contractor but not limited to the same as mentioned above.

"Design-Build" means all work to be performed by the Contractor under the

Contract to design, build, supply, installation, testing, commissioning and to
complete the Works and obtain the Completion Certificate.

"Contractor's Documents" means the calculations, computer programs and

other software, drawings, manuals, models and other documents of a
technical nature supplied by the Contractor under the Contract.

"Employer's Requirements" means the document entitled Employer's

Requirements, as included in the Contract, and any additions and
modifications made thereto in accordance with the Contract. Such document
specifies the purpose, scope, and/or design and/or other technical criteria for
the execution of the Works

2.Contract 2.1 Subject to Article 2 (Order of Precedence) of the Contract Agreement, all
Documents documents forming part of the Contract (and all parts thereof) are intended to
be correlative, complementary and mutually explanatory. The Contract shall
be read as a whole.
3.Interpretation 3.1 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 words
indicating the plural also include the singular;
c. provisions including the word “agree”, “agreed” or “agreement”
require the agreement to be record in writing;
d. the word “tender” is synonymous with “bid”, “Bidder” with “bidder”
and “tender documents” with “bidding documents”; and
e. “written” or “in writing” means hand-written, type-written, printed or
electronically made, and resulting in a permanent record.
f. The marginal words and other headings shall not be taken into
consideration in the interpretation of these Conditions.
3.2 Incoterms
Unless inconsistent with any provision of the Contract, the meaning of any

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trade term and the rights and obligations of parties thereunder shall be as
prescribed by Incoterms. Incoterms means international rules for interpreting
trade terms published by the International Chamber of Commerce (latest
edition), 38 Cours Albert 1er, 75008 Paris, France.
3.4 Entire Agreement
Subject to GCC Sub-Clause 16.4 hereof, the Contract constitutes the entire
agreement between the Employer and Contractor with respect to the subject
matter of Contract and supersedes all communications, negotiations and
agreements (whether written or oral) of parties with respect thereto made
prior to the date of Contract.
3.5 Amendment
No amendment or other variation of the Contract shall be effective unless it
is in writing, is dated, expressly refers to the Contract, and is signed by a
duly authorized representative of each party hereto.
3.6 Independent Contractor
The Contractor shall be an independent contractor performing the Contract.
The Contract does not create any agency, partnership, joint venture or other
joint relationship between the parties hereto. Subject to the provisions of the
Contract, the Contractor shall be solely responsible for the manner in which
the Contract is performed. All employees, representatives or Subcontractors
engaged by the Contractor in connection with the performance of the
Contract shall be under the complete control of the Contractor and shall not
be deemed to be employees of the Employer, and nothing contained in the
Contract or in any subcontract awarded by the Contractor shall be construed
to create any contractual relationship between any such employees,
representatives or Subcontractors and the Employer.
3.7 Non-Waiver
3.7.1 Subject to GCC Sub-Clause 3.7.2 below, no relaxation,
forbearance, delay, or indulgence by either party in enforcing any of the
terms and conditions of the Contract or the granting of time by either
party to the other shall prejudice, affect or restrict the rights of that party
under the Contract, nor shall any waiver by either party of any breach of
Contract operate as waiver of any subsequent or continuing breach of
Contract.
3.7.2 Any waiver of a party’s rights, powers or remedies under the
Contract must be in writing, must be dated, and signed by an authorized
representative of the party granting such waiver, and must specify the right
and the extent to which it is being waived.
3.8 Severability
If any provision or condition of the Contract is prohibited or rendered invalid
or unenforceable, such prohibition, invalidity, or unenforceability shall not
affect the validity or enforceability of any other provisions and conditions of
the Contract.

3.9 Country of Origin

“Origin” means the place where the plant and component parts thereof are
mined, grown, produced or manufactured, and from which the services are
provided. Plant components are produced when, through manufacturing,
processing, or substantial or major assembling of components, a
commercially recognized product results that is substantially in its basic
characteristics or in purpose or utility from its components.
4. Communications 4.1 Wherever these Conditions provide for the giving or issuing of
approvals, certificates, consents, determinations, notices, requests and
discharges, these communications shall be:
a. in writing and delivered against receipt; and
b. delivered, sent, or transmitted to the address for the recipient’s

SSCL/2019 -20/XXX Page 90 of 170

communications as stated in the Contract Agreement.

c. When a certificate is issued to a Party, the certifier shall send a copy
to the other Party. When a notice is issued to a Party, by the other
Party or the Project Manager, a copy shall be sent to the Project
Manager or the other Party, as the case may be.
5.Law and 5.1 The Contract shall be governed by and interpreted in accordance
Language with laws of the country specified in the SCC.
5.2 The ruling language of the Contract shall be that stated in the SCC.
5.3 The language for communications shall be the ruling language
unless otherwise stated in the SCC.
6.Corrupt Practices 6.1 It is the SSCL’s policy to require that Purchasers, as well as Bidders,
Suppliers, and Contractors and their subcontractors under Government-
financed contracts, observe the highest standard of ethics during the
procurement and execution of such contracts1. In pursuance of this policy,
the Government, Defines, for the purpose of this provision, the terms set
forth as follows:
“corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party2;
“fraudulent practice” is any act or omission, including a misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party3 to
obtain a financial or other benefit or to avoid an obligation;
“collusive practice” is an arrangement between two or more parties4
designed to achieve an improper purpose, including to influence improperly
the actions of another party;
“coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party5 or the property of the party to influence
improperly the actions of a party;
“obstructive practice” is
Deliberately destroying, falsifying, altering or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede a Government investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or
Acts intended to materially impede the exercise of the Government’s
inspection and audit rights provided for under sub-clause 3.1(e) below.
a. Will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged
in corrupt, fraudulent, collusive, coercive or obstructive practices in
competing for the contract in question;
b. Will sanction and prosecute any procurement official if it is found at

1A “party” refers to a participant in the procurement process or contract execution.

2“another party” refers to a public official acting in relation to the procurement process or contract
execution. In this context, “public official” includes Government staff and employees of other organizations
taking or reviewing procurement decisions.
3A “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process
or contract execution; and the “act or omission” is intended to influence the procurement process contract
execution.
4“parties” refers to participants in the procurement process (including officials) attempting to establish Bid
prices at artificial, noncompetitive levels.
5A “party” refers to a participant in the procurement process or contract execution.

SSCL/2019 -20/XXX Page 91 of 170

any time that representative of the procuring entity engaged in

corrupt, fraudulent, collusive, coercive or obstructive practices during
the procurement or the execution of the contract, without the
procuring entity having taken timely and appropriate action
satisfactory to the Government to address such practices when they
occur;
c. Will sanction a firm or individual, including declaring ineligible, either
indefinitely or for a stated period of time, to be awarded a SSCL
financed contract if it at any time determines that the firm has,
directly or through an agent, engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices in competing for, or in
executing, a SSCL financed contract; and
d. Will have the right to require that a provision be included in bidding
documents and in contracts financed by the SSCL, requiring
Bidders, suppliers, and contractors and their sub-contractors to
permit the SSCL to inspect their accounts and records and other
documents relating to the Bid submission and contract performance
and to have them audited by auditors appointed by the SSCL.

B. Subject Matter of Contract

7.Scope of Facilities 7.1 Unless otherwise expressly limited in the Employer’s Requirements,
the Contractor’s obligations cover the provision of all Facilities, Plant and the
performance of all Installation Services required for the design, the
manufacture (including procurement, quality assurance, construction,
installation, associated civil works, Pre commissioning and delivery) of the
Plant and the installation, completion and commissioning of the Facilities in
accordance with the plans, procedures, specifications, drawings, codes and
any other documents as specified in the Section, Employer’s Requirements.
Such specifications include, but are not limited to, the provision of
supervision and engineering services; the supply of labor, materials,
equipment, spare parts (as specified in GCC Sub-Clause 7.3 below) and
accessories; Contractor’s Equipment; construction utilities and supplies;
temporary materials, structures and facilities; transportation (including,
without limitation, unloading and hauling to, from and at the Site); and
storage, except for those supplies, works and services that will be provided
or performed by the Employer, as set forth in the Volume 3 &4 (Scope of
Works and Technical Specifications ) to the Contract Agreement.
7.2 The Contractor shall, unless specifically excluded in the Contract,
perform all such work and/or supply all such items and materials not
specifically mentioned in the Contract but that can be reasonably inferred
from the Contract as being required for attaining Completion of the Facilities
as if such work and/or items and materials were expressly mentioned in the
Contract.
7.3 In addition to the supply of Mandatory Spare Parts included in the
Contract, the Contractor agrees to supply spare parts required for the
operation and maintenance of the Facilities for the period specified in the
SCC and the provisions, if any, specified in the SCC. However, the identity,
specifications, and quantities of such spare parts and the terms and
conditions relating to the supply thereof are to be agreed between the
Employer and the Contractor, and the price of such spare parts shall be that
given in Price Schedule No. 6, which shall be added to the Contract Price.
The price of such spare parts shall include the purchase price therefore and
other costs and expenses (including the Contractor’s fees) relating to the
supply of spare parts.

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8.Time for 8.1 The Contractor shall commence work on the Facilities within the
Commencement and period specified in the SCC and without prejudice to GCC Sub-Clause 26.2
Completion hereof, the Contractor shall thereafter proceed with the Facilities in
accordance with the time schedule specified in the Contract Agreement.
8.2 The Contractor shall attain Completion of the Facilities or of a part
where a separate time for Completion of such part is specified in the
Contract, within the time stated in the SCC or within such extended time to
which the Contractor shall be entitled under GCC Clause 40 hereof.
9.Contractor’s 9.1 The Contractor shall incidentally detail design, manufacture
Responsibilities including associated purchases and/or subcontracting, install, and complete
the Facilities in accordance with the Contract. When completed, the
Facilities should be fit for the purposes for which they are intended as
defined in the Contract.
9.2 The Contractor confirms that it has entered into this Contract on the
basis of a proper examination of the data relating to the Facilities including
any data as to boring tests provided by the Employer, and on the basis of
information that the Contractor could have obtained from a visual inspection
of the Site if access thereto was available and of other data readily available
to it relating to the Facilities as of the date twenty-eight (28) days prior to bid
submission. The Contractor acknowledges that any failure to acquaint itself
with all such data and information shall not relieve its responsibility for
properly estimating the difficulty or cost of successfully performing the
Facilities.
9.3 The Contractor shall acquire and pay for all permits, approvals
and/or licenses from all local, state or national government authorities or
public service undertakings in the country where the Site is located which
such authorities or undertakings require the Contractor to obtain in its name
and which are necessary for the performance of the Contract, including,
without limitation, visas for the Contractor’s and Subcontractor’s personnel
and entry permits for all imported Contractor’s Equipment. The Contractor
shall acquire all other permits, approvals and/or licenses that are not the
responsibility of the Employer under GCC Sub-Clause 10.3 hereof and that
are necessary for the performance of the Contract.
9.4 The Contractor shall comply with all laws in force in the country
where the Facilities are to be implemented. The laws will include all local,
state, national, or other laws that affect the performance of the Contract and
bind upon the Contractor. The Contractor shall indemnify and hold
harmless the Employer from and against any and all liabilities, damages,
claims, fines, penalties and expenses of whatever nature arising or resulting
from the violation of such laws by the Contractor or its personnel, including
the Subcontractors and their personnel, but without prejudice to GCC Sub-
Clause 10.1 hereof.
9.5 Any plant and services that will be incorporated in or be required for
the Facilities and other supplies shall have their origin as specified under
GCC Clause 1 (Country of Origin). Any subcontractors retained by the
Contractor shall be from a country as specified in GCC Clause 1 (Country of
Origin).
The Contractor shall permit the SSCL to inspect the Contractor’s accounts
and records relating to the performance of the Contractor and to have them
audited by auditors appointed by the SSCL, if so required by the Bank.
If the Contractor is a joint venture or consortium of two or more persons, all
such persons shall be jointly and severally bound to the Employer for the
fulfillment of the provisions of the Contract and shall designate one of such
persons to act as a leader with authority to bind the joint venture or
consortium. The composition or the constitution of the joint venture or
consortium shall not be altered without the prior consent of the Employer.
10.Employer’s 10.1 All information and/or data to be supplied by the Employer as

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Responsibilities described in the Appendix (Scope of Works and Supply by the Employer) to
the Contract Agreement shall be deemed to be accurate, except when the
Employer expressly states otherwise.
10.2 The Employer shall be responsible for acquiring and providing legal
and physical possession of the Site and access thereto, and for providing
possession of and access to all other areas reasonably required for the
proper execution of the Contract, including all requisite rights of way, as
specified in the Appendix (Scope of Works and Supply by the Employer) to
the Contract Agreement. The Employer shall give full possession of an
accord all rights of access thereto on or before the date(s) specified in that
Appendix.
10.3 The Employer shall use its best endeavors to assist the Contractor
in obtaining or acquire and Contractor for all permits, approvals and/or
licenses from all local, state or national government authorities or public
service undertakings in the country where the Site is located which (a) such
authorities or undertakings require the Employer to obtain in the Employer’s
name, (b) are necessary for the execution of the Contract, including those
required for the performance by both the Contractor and the Employer of
their respective obligations under the Contract, and (c) are specified in the
Appendix (Scope of Works and Supply by the Employer) to the Contract
Agreement.
10.4 If requested by the Contractor, the Employer shall use its best
endeavors to assist the Contractor in obtaining in a timely and expeditious
manner all permits, approvals and/or licenses necessary for the execution of
the Contract from all local, state or national government authorities or public
service undertakings that such authorities or undertakings require the
Contractor or Subcontractors or the personnel of the Contractor or
Subcontractors, as the case may be, to obtain.
10.5 Unless otherwise specified in the Contract or agreed upon by the
Employer and the Contractor, the Employer shall provide sufficient, properly
qualified operating and maintenance personnel; shall supply and make
available all raw materials, utilities, lubricants, chemicals, catalysts, other
materials and facilities; and shall perform all work and services of
whatsoever nature, including those required by the Contractor to properly
carry out Pre commissioning, Commissioning and Guarantee Tests, all in
accordance with the provisions of the Appendix (Scope of Works and
Supply by the Employer) to the Contract Agreement at or before the time
specified in the program furnished by the Contractor under GCC Sub-
Clause 18.2 hereof and in the manner thereupon specified or as otherwise
agreed upon by the Employer and the Contractor.
10.6 The Employer shall be responsible for the continued operation of the
Facilities after Completion, in accordance with GCC Sub-Clause 24.8, and
shall be responsible for facilitating the Guarantee Test(s) for the Facilities, in
accordance with GCC Sub-Clause 25.2.
All costs and expenses involved in the performance of the obligations under
this GCC Clause 10 shall be the responsibility of the Employer, except those
incurred by the Contractor with respect to the performance of Guarantee
Tests, in accordance with GCC Sub-Clause 25.2.
In the event that the Employer shall be in breach of any of his obligations
imposed by the Contract, then the additional cost reasonably incurred by the
Contractor in consequence thereof shall be added to the Contract Price.

Payment
11. Contract Price 11.1 The Contract Price shall be as specified in Annexure
(Contract Price and Terms of Payment).
11.2 Unless an escalation clause is provided for in the SCC,

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the Contract Price shall be a firm lump sum not subject to any
alteration, except in the event of a Change in the Facilities or as
otherwise provided in the Contract.
11.3 Subject to GCC Sub-Clauses 9.2, 10.1 and 35 hereof, the
Contractor shall be deemed to have satisfied itself as to the
correctness and sufficiency of the Contract Price, which shall, except
as otherwise provided for in the Contract, cover all its obligations under
the Contract.
12.Terms of Payment 12.1 The Contract Price shall be paid as specified in Article 2
(Contract Price and Terms of Payment) of the Contract Agreement and
in the Appendix (Terms and Procedures of Payment) to the Contract
Agreement, which also outlines the procedures to be followed in
making application for and processing payments.
12.2 No payment made by the Employer herein shall be
deemed to constitute acceptance by the Employer of the Facilities or
any part(s) thereof.
12.3 In the event that the Employer fails to make any payment
by its respective due date or within the period set forth in the Contract,
the Employer shall pay to the Contractor interest on the amount of
such delayed payment at the rate(s) shown in the Appendix (Terms
and Procedures of Payment) to the Contract Agreement for the period
of delay until payment has been made in full, whether before or after
judgment or arbitrage award.
12.4 The currency or currencies in which payments are made
to the Contractor under this Contract shall be specified in the Terms
and Procedures of Payment to the Contract Agreement, subject to the
general principle that payments will be made in the currency or
currencies in which the Contract Price has been stated in the
Contractor’s bid.
13.Securities 13.1 Issuance of Securities
The Contractor shall provide the securities specified below in favor of
the Employer at the times, and in the amount, manner and form
specified below.
13.2 Mobilization Payment Security
13.2.1 The Contractor shall, within twenty-eight (28) days of the
notification of contract award, provide a security in an amount equal to
the advance payment calculated in accordance with the Appendix
(Terms and Procedures of Payment) to the Contract Agreement, and in
the same currency or currencies.
13.2.2 The security shall be in the form provided in the bidding
documents or in another form acceptable to the Employer. The amount
of the security shall be reduced in proportion to the value of the
Facilities executed by and paid to the Contractor from time to time, and
shall automatically become null and void when the full amount of the
mobilization payment has been recovered by the Employer. The
security shall be returned to the Contractor immediately after its
expiration.
13.3 Performance Security
13.3.1 The Contractor shall, within twenty-eight (28) days of the
notification of contract award, provide a security for the due
performance of the Contract in the amount specified in the SCC.
13.3.2 The security shall be denominated in the currency or
currencies of the Contract, or in a freely convertible currency
acceptable to the Employer, and shall be in one of the forms of bank
guarantees provided in the bidding documents, as stipulated by the
Employer in the SCC, or in another form acceptable to the Employer.
Unless otherwise specified in the SCC, the security shall be reduced

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by half on the date of the Operational Acceptance. The Security shall

become null and void, or shall be reduced pro rata to the Contract
Price of a part of the Facilities for which a separate Time for
Completion is provided, after Completion of the Facilities or three
hundred and sixty-five (365) days after Operational Acceptance of the
Facilities, however, that if the Defects Liability Period has been
extended on any part of the Facilities pursuant to GCC Sub-Clause
27.8 hereof, the Contractor shall issue an additional security in an
amount proportionate to the Contract Price of that part. The security
shall be returned to the Contractor immediately after its expiration,
provided, however, that if the Contractor, pursuant to GCC Sub-Clause
27.10, is liable for an extended defect liability obligation, the
performance security shall be extended for the period and up to the
amount specified in the SCC.
14.Taxes and Duties 14.1 Except as otherwise specifically provided in the Contract,
the Contractor shall bear and pay all taxes, duties, levies, GST and
charges assessed on the Contractor, its Subcontractors or their
employees by all municipal, state or national government authorities in
connection with the Facilities in and outside of the country where the
Site is located.
14.2 Notwithstanding GCC Sub-Clause 14.1 above, the
Employer shall reimburse the GST, as per the applicable Government
Notifications, paid by the contractor as per the Invoices raised from
time to time. No other reimbursements shall be paid by Employer.
14.3 If any tax exemptions, reductions, allowances, or
privileges may be available to the Contractor in the country where the
Site is located, the Employer shall use its best endeavors to enable the
Contractor to benefit from any such tax savings to the maximum
allowable extent.
14.4 For the purpose of the Contract, it is agreed that the
Contract Price specified in Article 2 (Contract Price and Terms of
Payment) of the Contract Agreement is based on the taxes, duties,
levies and charges prevailing at the date twenty-eight (28) days prior to
the date of bid submission in the country where the Site is located
(hereinafter called “Tax” in this GCC Sub-Clause 14.4). If any rates of
Tax are increased or decreased, a new Tax is introduced, an existing
Tax is abolished, or any change in interpretation or application of any
Tax occurs in the course of the performance of Contract, which was or
will be assessed on the Contractor, Subcontractors or their employees
in connection with performance of the Contract, an equitable
adjustment of the Contract Price shall be made to fully take into
account any such change by addition to the Contract Price or
deduction therefrom, as the case may be, in accordance with GCC
Clause 36 hereof.

D. Intellectual Property

15.License/Use of 15.1 For the Facilities, operation and maintenance of the Plant,
Technical the Contractor hereby grants a non-exclusive and non-transferable
Information license (without the right to sub-license) to the Employer under the
patents, utility models or other industrial property rights owned by the
Contractor or by a third party from whom the Contractor has received
the right to grant licenses thereunder, and shall also grant to the
Employer a non-exclusive and non-transferable right (without the right
to sub-license) to use the know-how and other technical information
disclosed to the Employer under the Contract. Nothing contained

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herein shall be construed as transferring ownership of any patent,

utility model, trademark, design, copyright, know-how or other
intellectual property right from the Contractor or any third party to the
Employer.
15.2 The copyright in all drawings, documents and other
materials containing data and information furnished to the Employer by
the Contractor herein shall remain vested in the Contractor or, if they
are furnished to the Employer directly or through the Contractor by any
third party, including suppliers of materials, the copyright in such
materials shall remain vested in such third party.
16.Confidential 16.1 The Employer and the Contractor shall keep confidential
Information and shall not, without the written consent of the other party hereto,
divulge to any third party any documents, data or other information
furnished directly or indirectly by the other party hereto in connection
with the Contract, whether such information has been furnished prior
to, during or following termination of the Contract. Notwithstanding the
above, the Contractor may furnish to its Subcontractor(s) such
documents, data, and other information it receives from the Employer
to the extent required for the Subcontractor(s) to perform its work
under the Contract, in which event the Contractor shall obtain from
such Subcontractor(s) an undertaking of confidentiality similar to that
imposed on the Contractor under this GCC Clause 16.
16.2 The Employer shall not use such documents, data, and
other information received from the Contractor for any purpose other
than the operation and maintenance of the Facilities. Similarly, the
Contractor shall not use such documents, data and other information
received from the Employer for any purpose other than the design,
procurement of Plant, construction or such other work and services as
are required for the performance of the Contract.
16.3 The obligation of a party under GCC Sub-Clauses 16.1
and 16.2 above, however, shall not apply to that information which
(a) now or hereafter enters the public domain through no fault of that
party
(b) can be proven to have been possessed by that party at the time of
disclosure and which was not previously obtained, directly or indirectly,
from the other party hereto
(c) otherwise lawfully becomes available to that party from a third
party that has no obligation of confidentiality.
16.4 The above provisions of this GCC Clause 16 shall not in
any way modify any undertaking of confidentiality given by either of the
parties hereto prior to the date of the Contract in respect of the
Facilities or any part thereof.
16.5 The provisions of this GCC Clause 16 shall survive
termination, for whatever reason, of the Contract.
E. Execution of the Facilities

17.Representatives 17.1 Project Manager

If the Project Manager is not named in the Contract, then within fourteen
(14) days of the Effective Date, the Employer shall appoint and notify the
Contractor in writing of the name of the Project Manager. The Employer
may from time to time appoint some other person as the Project Manager
in place of the person previously so appointed, and shall give a notice of
the name of such other person to the Contractor without delay. No such
appointment shall be made at such a time or in such a manner as to
impede the progress of work on the Facilities. Such appointment shall
only take effect upon receipt of such notice by the Contractor. The
Project Manager shall represent and act for the Employer at all times

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during the performance of the Contract. All notices, instructions, orders,

certificates, approvals, and all other communications under the Contract
shall be given by the Project Manager, except as herein otherwise
provided.
All notices, instructions, information, and other communications given by
the Contractor to the Employer under the Contract shall be given to the
Project Manager, except as herein otherwise provided.
17.2 Contractor’s Representative & Construction Manager
17.2.1 If the Contractor’s Representative is not named in the Contract,
then within fourteen (14) days of the Effective Date, the Contractor shall
appoint the Contractor’s Representative and shall request the Employer
in writing to approve the person so appointed. If the Employer makes no
objection to the appointment within fourteen (14) days, the Contractor’s
Representative shall be deemed to have been approved. If the Employer
objects to the appointment within fourteen (14) days giving the reason
therefore, then the Contractor shall appoint a replacement within fourteen
(14) days of such objection, and the foregoing provisions of this GCC
Sub-Clause 17.2.1 shall apply thereto.
17.2.2 The Contractor’s Representative shall represent and act for the
Contractor at all times during the performance of the Contract and shall
give to the Project Manager all the Contractor’s notices, instructions,
information and all other communications under the Contract.
All notices, instructions, information, and all other communications given
by the Employer or the Project Manager to the Contractor under the
Contract shall be given to the Contractor’s Representative or, in its
absence, its deputy, except as herein otherwise provided.

The Contractor shall not revoke the appointment of the Contractor’s

Representative without the Employer’s prior written consent, which shall
not be unreasonably withheld. If the Employer consents thereto, the
Contractor shall appoint some other person as the Contractor’s
Representative, pursuant to the procedure set out in GCC Sub-Clause
17.2.1.
17.2.3 The Contractor’s Representative may, subject to the approval of
the Employer which shall not be unreasonably withheld, at any time
delegate to any person any of the powers, functions, and authorities
vested in him or her. Any such delegation may be revoked at any time.
Any such delegation or revocation shall be subject to a prior notice signed
by the Contractor’s Representative, and shall specify the powers,
functions and authorities thereby delegated or revoked. No such
delegation or revocation shall take effect unless and until a copy thereof
has been delivered to the Employer and the Project Manager.
Any act or exercise by any person of powers, functions, and authorities
so delegated to him or her in accordance with this GCC Sub-Clause
17.2.3 shall be deemed to be an act or exercise by the Contractor’s
Representative.
17.2.4 From the commencement of Construction of the Facilities at the
Site until Completion, the Contractor’s Representative shall appoint a
suitable person as the Construction Manager. The Construction Manager
shall supervise all work done at the Site by the Contractor and shall be
present at the Site throughout normal working hours except when on
leave, sick or absent for reasons connected with the proper performance
of the Contract. Whenever the Construction Manager is absent from the
Site, the Contractor’s Representative or the Construction Manager shall
appoint a suitable person to act as the Construction Manager’s deputy.
17.2.5 The Employer may, by notice to the Contractor, object to any
representative or person employed by the Contractor in the execution of

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the Contract who, in the reasonable opinion of the Employer, may behave
inappropriately, may be incompetent or negligent, or may commit a
serious breach of the Site regulations provided under GCC Sub-Clause
22.4. The Employer shall provide evidence of the same, whereupon the
Contractor shall remove such person from the Facilities.
17.2.6 If any representative or person employed by the Contractor is
removed in accordance with GCC Sub-Clause 17.2.5, the Contractor
shall, where required, promptly appoint a replacement.
18.Work Program 18.1 Contractor’s Organization
The Contractor shall supply to the Employer and the Project Manager a
chart showing the proposed organization to be established by the
Contractor for carrying out work on the Facilities within twenty-one (21)
days of the Effective Date. The chart shall include the identities of the
key personnel and the curricula vitae of such key personnel to be
employed shall be supplied together with the chart. The Contractor shall
promptly inform the Employer and the Project Manager in writing of any
revision or alteration of such an organization chart.
18.2 Program of Performance
Within twenty-eight (28) days after the Effective Date, the Contractor shall
submit to the Project Manager a detailed program of performance of the
Contract, made in a form acceptable to the Project Manager and showing
the sequence in which it proposes to incidentally design, manufacture,
transport, assemble, install and pre-commission the Facilities, as well as
the date by which the Contractor reasonably requires that the Employer
shall have fulfilled its obligations under the Contract so as to enable the
Contractor to execute the Contract in accordance with the program and to
achieve Completion, Commissioning and Acceptance of the Facilities in
accordance with the Contract. The program so submitted by the
Contractor shall accord with the Time Schedule included in the Appendix
(Time Schedule) to the Contract Agreement and any other dates and
periods specified in the Contract. The Contractor shall update and revise
the program as and when appropriate or when required by the Project
Manager, but without modification in the Times for Completion given in
the SCC and any extension granted in accordance with GCC Clause 40,
and shall submit all such revisions to the Project Manager.

18.3 Progress Report

The Contractor shall monitor progress of all the activities specified in the
program referred to in GCC Sub-Clause 18.2 above, and supply a
progress report to the Project Manager every month.
The progress report shall be in a form acceptable to the Project Manager
and shall indicate: (a) percentage completion achieved compared with
the planned percentage completion for each activity; and (b) where any
activity is behind the program, giving comments and likely consequences,
and stating the corrective action being taken.
18.4 Progress of Performance
If at any time the Contractor’s actual progress falls behind the program
referred to in GCC Sub-Clause 18.2, or it becomes apparent that it will so
fall behind, the Contractor shall, at the request of the Employer or the
Project Manager, prepare and submit to the Project Manager a revised
program, taking into account the prevailing circumstances, and shall
notify the Project Manager of the steps being taken to expedite progress
so as to attain Completion of the Facilities within the Time for Completion
under GCC Sub-Clause 8.2, any extension thereof entitled under GCC
Sub-Clause 40.1, or any extended period as may otherwise be agreed
upon between the Employer and the Contractor.
18.5 Procedures

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The Contract shall be executed in accordance with the Contract

Documents including the procedures given in the Forms and Procedures
of the Employer’s Requirements.
The Contractor may execute the Contract in accordance with its own
standard project execution plans and procedures to the extent that they
do not conflict with the provisions contained in the Contract.
19.Subcontracting 19.1 The Appendix 7 (List of Major Items of Supply and Services and
List of Approved Subcontractors) to the Contract Agreement specifies
major items of supply or services and a list of approved Subcontractors
against each item, including manufacturers. Insofar as no Subcontractors
are listed against any such item, the Contractor shall prepare a list of
Subcontractors for such item for inclusion in such list. The Contractor
may from time to time propose any addition to or deletion from any such
list. The Contractor shall submit any such list or any modification thereto
to the Employer for its approval in sufficient time so as not to impede the
progress of work on the Facilities. Such approval by the Employer for
any of the Subcontractors shall not relieve the Contractor from any of its
obligations, duties, or responsibilities under the Contract.
19.2 The Contractor shall select and employ its Subcontractors for
such major items from those listed in the lists referred to in GCC Sub-
Clause 19.1.
For items or parts of the Facilities not specified in the Appendix (List of
Major Items of Supply and Services and List of Approved Subcontractors
for Major Items) to the Contract Agreement, the Contractor may employ
such Subcontractors as it may select, at its discretion.
Each sub-contract shall include provisions which would entitle the
Employer to require the sub-contract to be assigned to the Employer
under GCC 19.5 (if and when applicable), or in event of termination by
the Employer under GCC 42.2.
If a sub-contractor's obligations extend beyond the expiry date of the
relevant Defects Liability Period and the Project Manager, prior to that
date, instructs the Contractor to assign the benefits of such obligations to
the Employer, then the Contractor shall do so.
20.Design and 20.1 Specifications and Drawings
Engineering 20.1.1 The Contractor shall execute the basic and detailed design and
the engineering work in compliance with the provisions of the Contract, or
where not so specified, in accordance with good engineering practice.
The Contractor shall be responsible for any discrepancies, errors or
omissions in the specifications, drawings, and other technical documents
that it has prepared, whether such specifications, drawings and other
documents have been approved by the Project Manager or not, provided
that such discrepancies, errors or omissions are not because of
inaccurate information furnished in writing to the Contractor by or on
behalf of the Employer.
20.1.2 The Contractor shall be entitled to disclaim responsibility for any
design, data, drawing, specification, or other document, or any
modification thereof provided or designated by or on behalf of the
Employer, by giving a notice of such disclaimer to the Project Manager.
20.2 Codes and Standards
Wherever references are made in the Contract to codes and standards in
accordance with which the Contract shall be executed, the edition or the
revised version of such codes and standards current at the date twenty-
eight (28) days prior to date of bid submission shall apply unless
otherwise specified. During Contract execution, any changes in such
codes and standards shall be applied subject to approval by the
Employer and shall be treated in accordance with GCC Clause 39.
20.3 Approval/Review of Technical Documents by Project Manager

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20.3.1 The Contractor shall prepare or cause its Subcontractors to

prepare, and furnish to the Project Manager the documents list of
Documents for Approval or Review, to the Contract Agreement for its
approval or review as specified and in accordance with the requirements
of GCC Sub-Clause 18.2 (Program of Performance).
Any part of the Facilities covered by or related to the documents to be
approved by the Project Manager shall be executed only after the Project
Manager’s approval thereof.
GCC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those documents
requiring the Project Manager’s approval, but not to those furnished to the
Project Manager for its review only.
20.3.2 Within fourteen (14) days after receipt by the Project Manager of
any document requiring the Project Manager’s approval in accordance
with GCC Sub-Clause 20.3.1, the Project Manager shall either return one
copy thereof to the Contractor with its approval endorsed thereon or shall
notify the Contractor in writing of its disapproval thereof and the reasons
therefore and the modifications that the Project Manager proposes.
If the Project Manager fails to take such action within the said fourteen
(14) days, then the said document shall be deemed to have been
approved by the Project Manager.
20.3.3 The Project Manager shall not disapprove any document, except
on the grounds that the document does not comply with the Contract or
that it is contrary to good engineering practice. If the Project Manager
disapproves a document, he shall specify the reasons for his decision.
20.3.4 If the Project Manager disapproves the document, the Contractor
shall modify the document and resubmit it for the Project Manager’s
approval in accordance with GCC Sub-Clause 20.3.2. If the Project
Manager approves the document subject to modification(s), the
Contractor shall make the required modification(s), whereupon the
document shall be deemed to have been approved.
20.3.5 If any dispute or difference occurs between the Employer and the
Contractor in connection with or arising out of the disapproval by the
Project Manager of any document and/or any modification(s) thereto that
cannot be settled between the parties within a reasonable period, then
such dispute or difference may be referred to an Dispute Board for
determination in accordance with GCC Sub-Clause 45.3 hereof. If such
dispute or difference is referred to a Dispute Board, the Project Manager
shall give instructions as to whether and if so, how, performance of the
Contract is to proceed. The Contractor shall proceed with the Contract in
accordance with the Project Manager’s instructions, provided that if the
Dispute Board upholds the Contractor’s view on the dispute and if the
Employer has not given notice under Sub-Clause 45.3 hereof, then the
Contractor shall be reimbursed by the Employer for any additional costs
incurred by reason of such instructions and shall be relieved of such
responsibility or liability in connection with the dispute and the execution
of the instructions as the Dispute Board shall decide, and the Time for
Completion shall be extended accordingly.
20.3.6 The Project Manager’s approval, with or without modification of
the document furnished by the Contractor, shall not relieve the Contractor
of any responsibility or liability imposed upon it by any provisions of the
Contract except to the extent that any subsequent failure results from
modifications required by the Project Manager.
20.3.7 The Contractor shall not depart from any approved document
unless the Contractor has first submitted to the Project Manager an
amended document and obtained the Project Manager’s approval thereof,
pursuant to the provisions of this GCC Sub-Clause 20.3.
If the Project Manager requests any change in any already approved

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document and/or in any document based thereon, the provisions of GCC

Clause 39 shall apply to such request.
21.Procurement 21.1 Materials
Subject to GCC Sub-Clause 14.2, the Contractor shall procure and
transport all materials in an expeditious and orderly manner to the Site.
21.2 Employer- No Materials will be Supplied by Employer
21.3 Transportation
21.3.1 The Contractor shall at its own risk and expense transport all the
materials and the Contractor’s Equipment to the Site by the mode of
transport that the Contractor judges most suitable under all the
circumstances.
21.3.2 Unless otherwise provided in the Contract, the Contractor shall
be entitled to select any safe mode of transport operated by any person
to carry the materials and the Contractor’s Equipment.
21.3.3 Upon dispatch of each shipment of materials and the Contractor’s
Equipment, the Contractor shall notify the Employer by telex, cable,
facsimile or electronic means, of the description of the materials and of
the Contractor’s Equipment, the point and means of dispatch, and the
estimated time and point of arrival in the country where the Site is
located, if applicable, and at the Site. The Contractor shall furnish the
Employer with relevant shipping documents to be agreed upon between
the parties.
21.3.4 The Contractor shall be responsible for obtaining, if necessary,
approvals from the authorities for transportation of the materials and the
Contractor’s Equipment to the Site. The Employer shall use its best
endeavors in a timely and expeditious manner to assist the Contractor in
obtaining such approvals, if requested by the Contractor. The Contractor
shall indemnify and hold harmless the Employer from and against any
claim for damage to roads, bridges or any other traffic facilities that may
be caused by the transport of the materials and the Contractor’s
Equipment to the Site.
21.4 Customs Clearance, If Applicable
The Contractor shall, at its own expense, handle all imported materials
and Contractor’s Equipment at the point(s) of import and shall handle any
formalities for customs clearance, subject to the Employer’s obligations
under GCC Sub-Clause 14.2, provided that if applicable laws or
regulations require any application or act to be made by or in the name of
the Employer, the Employer shall take all necessary steps to comply with
such laws or regulations. In the event of delays in customs clearance
that are not the fault of the Contractor, the Contractor shall be entitled to
an extension in the Time for Completion, pursuant to GCC Clause 40.
22.Installation 22.1 Setting Out/Supervision
22.1.1 Bench Mark
(a) The Contractor shall be responsible for the true and proper
setting-out of the Facilities in relation to bench marks, reference marks,
and lines provided to it in writing by or on behalf of the Employer.
(b) If, at any time during the progress of installation of the Facilities,
any error shall appear in the position, level, or alignment of the Facilities,
the Contractor shall forthwith notify the Project Manager of such error
and, at its own expense, immediately rectify such error to the reasonable
satisfaction of the Project Manager. If such error is based on incorrect
data provided in writing by or on behalf of the Employer, the expense of
rectifying the same shall be borne by the Employer.
22.1.2 Contractor’s Supervision
The Contractor shall give or provide all necessary superintendence during
the installation of the Facilities, and the Construction Manager or
its deputy shall be constantly on the Site to provide full-time

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superintendence of the installation. The Contractor shall provide and

employ only technical personnel who are skilled and experienced in their
respective callings and supervisory staff who are competent to adequately
supervise the work at hand.
22.2 Labor
22.2.1 Engagement of Staff and Labor
(a) Except as otherwise stated in the Specification, the Contractor
shall make arrangements for the engagement of all staff and labor, local
or otherwise, and for their payment, housing, feeding, and transport.
(b) The Contractor shall provide and employ on the Site in the
installation of the Facilities such skilled, semi-skilled, and unskilled labor
as is necessary for the proper and timely execution of the Contract. The
Contractor is encouraged to use local labor that has the necessary skills.
(c) The Contractor shall be responsible for obtaining all necessary
permit(s) and/or visa(s) ,if required ,from the appropriate authorities for
the entry of all labor and personnel to be employed on the Site into the
country where the Site is located. The Employer will, if requested by the
Contractor, use his best endeavors in a timely and expeditious manner to
assist the Contractor in obtaining any local, state, national or government
permission required for bringing in the Contractor’s personnel.
(d) The Contractor shall at its own expense provide the means of
repatriation to all of its and its Subcontractor’s personnel employed on the
Contract at the Site to the place where they were recruited or to their
domicile. It shall also provide suitable temporary maintenance of all such
persons from the cessation of their employment on the Contract to the
date programmed for their departure. In the event that the Contractor
defaults in providing such means of transportation and temporary
maintenance, the Employer may provide the same to such personnel and
recover the cost of doing so from the Contractor.
22.2.2 Persons in the Service of Employer
The Contractor shall not recruit, or attempt to recruit, staff and
labor from amongst the Employer’s Personnel.
22.2.3 Labor Laws
(a) The Contractor shall comply with all the relevant labor Laws
applicable to the Contractor’s Personnel, including Laws relating to their
employment, health, safety, welfare, immigration, and emigration, and
shall allow them all their legal rights.
(b) The Contractor shall at all times during the progress of the
Contract use its best endeavors to prevent any unlawful, riotous or
disorderly conduct or behavior by or amongst its employees and the labor
of its Subcontractors.
(c) The Contractor shall, in all dealings with its labor and the labor of
its Subcontractors currently employed on or connected with the Contract,
pay due regard to all recognized festivals, official holidays, religious or
other customs and all local laws and regulations pertaining to the
employment of labor.
22.2.4 Rates of Wages and Conditions of Labor
(a) The Contractor shall pay rates of wages, and observe conditions
of labor, which are not lower than those established for the trade or
industry where the work is carried out. If no established rates or
conditions are applicable, the Contractor shall pay rates of wages and
observe conditions which are not lower than the general level of wages
and conditions observed locally by employers whose trade or industry is
similar to that of the Contractor.
(b) The Contractor shall inform the Contractor’s Personnel about
their liability to pay personal income taxes in the Country in respect of
such of their salaries, wages and allowances as are chargeable under the

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Laws for the time being in force, and the Contractor shall perform such
duties in regard to such deductions thereof as may be imposed on him by
such Laws.
22.2.5 Working Hours
(a) No work shall be carried out on the Site on locally recognized
days of rest, or outside the normal working hours stated in the SCC,
unless:
(i) otherwise stated in the Contract,
(ii) the Project Manager gives consent, or
(iii the work is unavoidable, or necessary for the protection of life or
property or for the safety of the Works, in which case the Contractor shall
immediately advise the Project Manager.
(b) If and when the Contractor considers it necessary to carry out
work at night or on public holidays so as to meet the Time for Completion
and requests the Project Manager’s consent thereto, the Project Manager
shall not unreasonably withhold such consent.
(c) This Sub-Clause shall not apply to any work which is customarily
carried out by rotary or double-shifts.
22.2.6 Facilities for Staff and Labor
(a) Except as otherwise stated in the Specification, the Contractor
shall provide and maintain all necessary accommodation and welfare
facilities for the Contractor’s Personnel. The Contractor shall also provide
facilities for the Employer’s Personnel as stated in the Specification.
(b) The Contractor shall not permit any of the Contractor’s Personnel
to maintain any temporary or permanent living quarters within the
structures forming part of the Permanent Works.
22.2.7 Health and Safety
(a) The Contractor shall at all times take all reasonable precautions
to maintain the health and safety of the Contractor’s Personnel. In
collaboration with local health authorities, the Contractor shall ensure that
medical staff, first aid facilities, sick bay and ambulance service are
available at all times at the Site and at any accommodation for
Contractor’s and Employer’s Personnel, and that suitable arrangements
are made for all necessary welfare and hygiene requirements and for the
prevention of epidemics.
(b) The Contractor shall appoint an accident prevention officer at the
Site, responsible for maintaining safety and protection against accidents.
This person shall be qualified for this responsibility, and shall have the
authority to issue instructions and take protective measures to prevent
accidents. Throughout the performance of the Contract, the Contractor
shall provide whatever is required by this person to exercise this
responsibility and authority.
(c) The Contractor shall send, to the Engineer, details of any
accident as soon as practicable after its occurrence. The Contractor shall
maintain records and make reports concerning health, safety, and welfare
of persons, and damage to property, as the Engineer may reasonably
require.
22.2.8 Funeral Arrangements
In the event of the death of any of the Contractor’s personnel or
accompanying members of their families, the Contractor shall be
responsible for making the appropriate arrangements for their return or
burial, unless otherwise specified in the SCC.
22.2.9 Records of Contractor’s Personnel
The Contractor shall keep accurate records of the Contractor’s
personnel, including the number of each class of Contractor’s Personnel
on the Site and the names, ages, genders, hours worked and wages paid
to all workers. These records shall be summarized on a monthly basis in

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a form approved by the Project Manager and shall be available for

inspection by the Project Manager. The records will be available until the
Contractor has completed all work.
22.2.10 Supply of Foodstuffs
The Contractor shall arrange for the provision of a sufficient
supply of suitable food as may be stated in the Specification at
reasonable prices for the Contractor’s Personnel for the purposes of or in
connection with the Contract.
22.2.11 Supply of Water
The Contractor shall, having regard to local conditions, provide
on the Site an adequate supply of drinking and other water for the use of
the Contractor’s Personnel.
22.2.12 Measures against Insect and Pest Nuisance
The Contractor shall at all times take the necessary precautions
to protect the Contractor’s Personnel employed on the Site from insect
and pest nuisance, and to reduce their danger to health. The Contractor
shall comply with all the regulations of the local health authorities,
including use of appropriate insecticide.
22.2.13 Alcoholic Liquor or Drugs
The Contractor shall not, otherwise than in accordance with the
Laws of the Country, import, sell, give barter or otherwise dispose of any
alcoholic liquor or drugs, or permit or allow importation, sale, gift, barter or
disposal by Contractor's Personnel.
22.2.14 Arms and Ammunition
The Contractor shall not give, barter, or otherwise dispose of, to
any person, any arms, or ammunition of any kind, or allow Contractor's
Personnel to do so.
22.2.15 Prohibition of All Forms of Forced or Compulsory Labor
The contractor shall not employ "forced or compulsory labor" in
any form. "Forced or compulsory labor" consists of all work or service, not
voluntarily performed, that is extracted from an individual under threat of
force or penalty.
22.2.16 Prohibition of Harmful Child Labor
The Contractor shall not employ any child to perform any work
that is economically exploitative, or is likely to be hazardous to, or to
interfere with, the child's education, or to be harmful to the child's health
or physical, mental, spiritual, moral, or social development.
22.3 Contractor’s Equipment
22.3.1 All Contractor’s Equipment brought by the Contractor onto the
Site shall be deemed to be intended to be used exclusively for the
execution of the Contract. The Contractor shall not remove the same
from the Site without the Project Manager’s consent that such
Contractor’s Equipment is no longer required for the execution of the
Contract.
22.3.2 Unless otherwise specified in the Contract, upon completion of
the Facilities, the Contractor shall remove from the Site all Equipment
brought by the Contractor onto the Site and any surplus materials
remaining thereon.
22.3.3 The Employer will, if requested, use its best endeavors to assist
the Contractor in obtaining any local, state, or national government
permission required by the Contractor for the export of the Contractor’s
Equipment imported by the Contractor for use in the execution of the
Contract that is no longer required for the execution of the Contract.
22.4 Site Regulations and Safety
The Employer and the Contractor shall establish Site regulations setting
out the rules to be observed in the execution of the Contract at the Site
and shall comply therewith. The Contractor shall prepare and submit to

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the Employer, with a copy to the Project Manager, proposed Site

regulations for the Employer’s approval, which approval shall not be
unreasonably withheld.
Such Site regulations shall include, but shall not be limited to, rules in
respect of security, safety of the Facilities, gate control, sanitation,
medical care, and fire prevention.
22.5 Opportunities for Other Contractors
22.5.1 The Contractor shall, upon written request from the Employer or
the Project Manager, give all reasonable opportunities for carrying out the
work to any other contractors employed by the Employer on or near the
Site.
22.5.2 If the Contractor, upon written request from the Employer or the
Project Manager, makes available to other contractors any roads or ways
the maintenance for which the Contractor is responsible, permits the use
by such other contractors of the Contractor’s Equipment, or provides any
other service of whatsoever nature for such other contractors, the
Employer shall fully compensate the Contractor for any loss or damage
caused or occasioned by such other contractors in respect of any such
use or service, and shall pay to the Contractor reasonable remuneration
for the use of such equipment or the provision of such services.
22.5.3 The Contractor shall also so arrange to perform its work as to
minimize, to the extent possible, interference with the work of other
contractors. The Project Manager shall determine the resolution of any
difference or conflict that may arise between the Contractor and other
contractors and the workers of the Employer in regard to their work.
22.5.4 The Contractor shall notify the Project Manager promptly of any
defects in the other contractors’ work that come to its notice, and that
could affect the Contractor’s work. The Project Manager shall determine
the corrective measures, if any, required to rectify the situation after
inspection of the Facilities. Decisions made by the Project Manager shall
be binding on the Contractor.
22.6 Emergency Work
If, by reason of an emergency arising in connection with and during the
execution of the Contract, any protective or remedial work is necessary
as a matter of urgency to prevent damage to the Facilities, the Contractor
shall immediately carry out such work.
If the Contractor is unable or unwilling to do such work immediately, the
Employer may do or cause such work to be done as the Employer may
determine is necessary in order to prevent damage to the Facilities. In
such event the Employer shall, as soon as practicable after the
occurrence of any such emergency, notify the Contractor in writing of
such emergency, the work done and the reasons therefor. If the work
done or caused to be done by the Employer is work that the Contractor
was liable to do at its own expense under the Contract, the reasonable
costs incurred by the Employer in connection therewith shall be paid by
the Contractor to the Employer. Otherwise, the cost of such remedial work
shall be borne by the Employer.
22.7 Site Clearance
22.7.1 Site Clearance in Course of Performance
In the course of carrying out the Contract, the Contractor shall
keep the Site reasonably free from all unnecessary obstruction, store or
remove any surplus materials, clear away any wreckage, rubbish, or
temporary works from the Site, and remove any Contractor’s Equipment
no longer required for execution of the Contract.
22.7.2 Clearance of Site after Completion
After Completion of all parts of the Facilities, the Contractor shall
clear away and remove all wreckage, rubbish, and debris of any kind from

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the Site, and shall leave the Site and Facilities in a clean and safe
condition.
22.8 Watching and Lighting
The Contractor shall provide and maintain at its own expense all
lighting, fencing, and watching when and where necessary for the proper
execution and the protection of the Facilities, or for the safety of the
owners and occupiers of adjacent property and for the safety of the
public.
23.Test and 23.1 The Contractor shall at its own expense carry out at the place of
Inspection manufacture and/or on the Site all such tests and/or inspections of the
Plant and any part of the Facilities as are specified in the Contract.
23.2 The Employer and the Project Manager or their designated
representatives shall be entitled to attend the aforesaid test and/or
inspection, provided that the Employer shall bear all costs and expenses
incurred in connection with such attendance including, but not limited to,
all traveling and board and lodging expenses.
23.3 Whenever the Contractor is ready to carry out any such test
and/or inspection, the Contractor shall give a reasonable advance notice
of such test and/or inspection and of the place and time thereof to the
Project Manager. The Contractor shall obtain from any relevant third
party or manufacturer any necessary permission or consent to enable the
Employer and the Project Manager or their designated representatives to
attend the test and/or inspection.
23.4 The Contractor shall provide the Project Manager with a certified
report of the results of any such test and/or inspection.
23.5 If the Employer or Project Manager or their designated
representatives fails to attend the test and/or inspection, or if it is agreed
between the parties that such persons shall not do so, then the Contractor
may proceed with the test and/or inspection in the absence of such
persons, and may provide the Project Manager with a certified report of
the results thereof.
23.6 If the Employer or Project Manager may require the Contractor to
carry out any test and/or inspection not required by the Contract, provided
that the Contractor’s reasonable costs and expenses incurred in the
carrying out of such test and/or inspection shall be added to the Contract
Price. Further, if such test and/or inspection impedes the progress of work
on the Facilities and/or the Contractor’s performance of its other
obligations under the Contract, due allowance will be made in respect of
the Time for Completion and the other obligations so affected.
23.7 If any Plant or any part of the Facilities fails to pass any test
and/or inspection, the Contractor shall either rectify or replace such Plant
or part of the Facilities and shall repeat the test and/or inspection upon
giving a notice under GCC Sub-Clause 23.3.
23.8 If any dispute or difference of opinion shall arise between the
parties in connection with or arising out of the test and/or inspection of the
Plant or part of the Facilities that cannot be settled between the parties
within a reasonable period of time, it may be referred to an Dispute Board
for determination in accordance with GCC Sub-Clause 45.
23.9 The Contractor shall afford the Employer and the Project
Manager, at the Employer’s expense, access at any reasonable time to
any place where the Plant are being manufactured or the Facilities are
being installed, in order to inspect the progress and the manner of
manufacture or installation, provided that the Project Manager shall give
the Contractor a reasonable prior notice.
23.10 The Contractor agrees that neither the execution of a test and/or
inspection of Plant or any part of the Facilities, nor the attendance by the
Employer or the Project Manager, nor the issue of any test certificate

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pursuant to GCC Sub-Clause 23.4, shall release the Contractor from any
other responsibilities under the Contract.
23.11 No part of the Facilities or foundations shall be covered up on the
Site without the Contractor carrying out any test and/or inspection
required under the Contract. The Contractor shall give a reasonable
notice to the Project Manager whenever any such parts of the Facilities or
foundations are ready or about to be ready for test and/or inspection;
such test and/or inspection and notice thereof shall be subject to the
requirements of the Contract.
23.12 The Contractor shall uncover any part of the Facilities or
foundations, or shall make openings in or through the same as the Project
Manager may from time to time require at the Site, and shall reinstate and
make good such part or parts.
If any parts of the Facilities or foundations have been covered up
at the Site after compliance with the requirement of GCC S u b -Clause
23.10 and are found to be executed in accordance with the Contract, the
expenses of uncovering, making openings in or through, reinstating, and
making good the same shall be borne by the Employer, and the Time for
Completion shall be reasonably adjusted to the extent that the Contractor
has thereby been delayed or impeded in the performance of any of its
obligations under the Contract.
24.Completion of the 24.1 As soon as the Facilities or any part thereof has, in the opinion of
Facilities the Contractor, been completed operationally and structurally and put in a
tight and clean condition as specified in the Employer’s Requirements,
excluding minor items not materially affecting the operation or safety of
the Facilities, the Contractor shall so notify the Employer in writing.
24.2 Within seven (7) days after receipt of the notice from the
Contractor under GCC Sub-Clause 24.1, the Employer shall supply the
operating and maintenance personnel specified in the Scope of Works
and Supply by the Employer to the Contract Agreement for Pre
commissioning of the Facilities or any part thereof.
Pursuant to the Scope of Works and Supply by the Employer to the
Contract Agreement, the Employer shall also provide, within the said
seven (7) day period, the raw materials, utilities, lubricants, chemicals,
catalysts, facilities, services and other matters required for Pre
commissioning of the Facilities or any part thereof.
24.3 As soon as reasonably practicable after the operating and
maintenance personnel have been supplied by the Employer and the raw
materials, utilities, lubricants, chemicals, catalysts, facilities, services and
other matters have been provided by the Employer in accordance with
GCC Sub-Clause 24.2, the Contractor shall commence Pre
commissioning of the Facilities or the relevant part thereof in preparation
for Commissioning, subject to GCC Sub-Clause 25.5.
24.4 As soon as all works in respect of Pre commissioning are
completed and, in the opinion of the Contractor, the Facilities or any part
thereof is ready for Commissioning, the Contractor shall so notify the
Project Manager in writing.
24.5 The Project Manager shall, within fourteen (14) days after receipt
of the Contractor’s notice under GCC Sub-Clause 24.4, either issue a
Completion Certificate in the form specified in the Employer’s
Requirements (Forms and Procedures), stating that the Facilities or that
part thereof have reached Completion as of the date of the Contractor’s
notice under GCC Sub-Clause 24.4, or notify the Contractor in writing of
any defects and/or deficiencies.
If the Project Manager notifies the Contractor of any defects and/or
deficiencies, t h e C o n t r a c t o r shall then correct such defects and/or
deficiencies, and shall repeat the procedure described in GCC Sub-

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Clause 24.4.
If the Project Manager is satisfied that the Facilities or that part thereof
have reached Completion, the Project Manager shall, within seven (7)
days after receipt of the Contractor’s repeated notice, issue a Completion
Certificate stating that the Facilities or that part thereof have reached
Completion as of the date of the Contractor’s repeated notice.
If the Project Manager is not so satisfied, then it shall notify the Contractor
in writing of any defects and/or deficiencies within seven (7) days after
receipt of the Contractor’s repeated notice, and the above procedure shall
be repeated.
24.6 If the Project Manager fails to issue the Completion Certificate
and fails to inform the Contractor of any defects and/or deficiencies within
fourteen (14) days after receipt of the Contractor’s notice under GCC
Sub-Clause 24.4 or within seven (7) days after receipt of the Contractor’s
repeated notice under GCC Sub-Clause 24.5, or if the Employer makes
use of the Facilities or part thereof, then the Facilities or that part thereof
shall be deemed to have reached Completion as of the date of the
Contractor’s notice or repeated notice, or as of the Employer’s use of the
Facilities, as the case may be.
24.7 As soon as possible after Completion, the Contractor shall
complete all outstanding minor items so that the Facilities are fully in
accordance with the requirements of the Contract, failing which the
Employer will undertake such completion and deduct the costs thereof
from any monies owing to the Contractor.
24.8 Upon Completion, the Employer shall be responsible for the care
and custody of the Facilities or the relevant part thereof, together with the
risk of loss or damage thereto, and shall thereafter take over the Facilities
or the relevant part thereof.
25. Commissioning 25.1 Commissioning
and Operational 25.1.1 Commissioning of the Facilities or any part thereof shall be
Acceptance commenced by the Contractor immediately after issue of the Completion
Certificate by the Project Manager, pursuant to GCC Sub-Clause 24.5, or
immediately after the date of the deemed Completion, under GCC Sub-
Clause 24.6.
25.1.2 The Employer shall supply the operating and maintenance
personnel and all raw materials, utilities, lubricants, chemicals, catalysts,
facilities, services and other matters required for Commissioning.
25.1.3 In accordance with the requirements of the Contract, the
Contractor’s and Project Manager’s advisory personnel shall attend the
Commissioning, including the Guarantee Test, and shall advise and
assist the Employer.
25.2 Guarantee Test
25.2.1 Subject to GCC Sub-Clause 25.5, the Guarantee Test and
repeats thereof shall be conducted by the Contractor during
Commissioning of the Facilities or the relevant part thereof to ascertain
whether the Facilities or the relevant part can attain the Functional
Guarantees specified in the Appendix (Functional Guarantees) to the
Contract Agreement. The Employer shall promptly provide the Contractor
with such information as the Contractor may reasonably require in relation
to the conduct and results of the Guarantee Test and any repeats thereof.
25.2.2 If for reasons not attributable to the Contractor, the Guarantee
Test of the Facilities or the relevant part thereof cannot be successfully
completed within the period from the date of Completion specified in the
SCC or any other period agreed upon by the Employer and the
Contractor, the Contractor shall be deemed to have fulfilled its obligations
with respect to the Functional Guarantees, and GCC Sub-Clauses 28.2

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and 28.3 shall not apply.

25.3 Operational Acceptance
25.3.1 Subject to GCC Sub-Clause 25.4 below, Operational Acceptance
shall occur in respect of the Facilities or any part thereof when
(a) the Guarantee Test has been successfully completed and the
Functional Guarantees are met; or
(b) the Guarantee Test has not been successfully completed or has
not been carried out for reasons not attributable to the Contractor within
the period from the date of Completion specified in the SCC or any other
agreed upon period as specified in GCC Sub-Clause 25.2.2 above; or
(c) the Contractor has paid the liquidated damages specified in GCC
Sub-Clause 28.3 hereof; and
(d) any minor items mentioned in GCC Sub-Clause 24.7 hereof
relevant to the Facilities or that part thereof have been completed.
25.3.2 At any time after any of the events set out in GCC Sub-Clause
25.3.1 have occurred, the Contractor may give a notice to the Project
Manager requesting the issue of an Operational Acceptance Certificate in
the form provided in the Employer’s Requirements (Forms and
Procedures) in respect of the Facilities or the part thereof specified in
such notice as of the date of such notice.
25.3.3 The Project Manager shall, after consultation with the Employer,
and within seven (7) days after receipt of the Contractor’s notice, issue an
Operational Acceptance Certificate.
25.3.4 If within seven (7) days after receipt of the Contractor’s notice, the
Project Manager fails to issue the Operational Acceptance Certificate or
fails to inform the Contractor in writing of the justifiable reasons why the
Project Manager has not issued the Operational Acceptance Certificate,
the Facilities or the relevant part thereof shall be deemed to have been
accepted as of the date of the Contractor’s said notice.
25.4 Partial Acceptance
25.4.1 If the Contract specifies that Completion and Commissioning
shall be carried out in respect of parts of the Facilities, the provisions
relating to Completion and Commissioning including the Guarantee Test
shall apply to each such part of the Facilities individually, and the
Operational Acceptance Certificate shall be issued accordingly for each
such part of the Facilities.
25.4.2 If a part of the Facilities comprises facilities such as buildings, for
which no Commissioning or Guarantee Test is required, then the Project
Manager shall issue the Operational Acceptance Certificate for such
facility when it attains Completion, provided that the Contractor shall
thereafter complete any outstanding minor items that are listed in the
Operational Acceptance Certificate.
25.5 Delayed Pre commissioning and/or Guarantee Test
25.5.1 In the event that the Contractor is unable to proceed with the Pre
commissioning of the Facilities pursuant to Sub-Clause 24.3, or with the
Guarantee Test pursuant to Sub-Clause 25.2, for reasons attributable to
the Employer either on account of non-availability of other facilities under
the responsibilities of other contractor(s), or for reasons beyond the
Employer’s control, the provisions leading to “deemed” completion of
activities such as Completion, pursuant to GCC Sub-Clause 24.6, and
Operational Acceptance, pursuant to GCC Sub-Clause 25.3.4, and
Contractor’s obligations regarding Defect Liability Period, pursuant to
GCC Sub-Clause 27.2, Functional Guarantee, pursuant to GCC Clause
28, and Care of Facilities, pursuant to GCC Clause 32, and GCC Clause
41.1, Suspension, shall not apply. In this case, the following provisions
shall apply.
25.5.2 When the Contractor is notified by the Project Manager that he

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will be unable to proceed with the activities and obligations pursuant to

above Sub-Clause 25.5.1, the Contractor shall be entitled to the following:
(a) the Time of Completion shall be extended for the period of
suspension without imposition of liquidated damages pursuant to GCC
Sub-Clause 26.2;
(b) payments due to the Contractor in accordance with the provision
specified in the Appendix (Terms and Procedures of Payment) to the
Contract Agreement, which would not have been payable in normal
circumstances due to non-completion of the subject activities, shall be
released to the Contractor against submission of a security in the form of
a bank guarantee of equivalent amount acceptable to the Employer, and
which shall become null and void when the Contractor will have complied
with its obligations regarding those payments, subject to the provision of
Sub-Clause 25.5.3 below;
(c) the expenses towards the above security and extension of other
securities under the contract, of which validity needs to be extended, shall
be reimbursed to the Contractor by the Employer;
(d) the additional charges towards the care of the Facilities pursuant
to GCC Sub-Clause 32.1 shall be reimbursed to the Contractor by the
Employer for the period between the notification mentioned above and
the notification mentioned in Sub-Clause 25.5.4 below. The provision of
GCC Sub-Clause 33.2 shall apply to the Facilities during the same period.
25.5.3 In the event that the period of suspension under above Sub-
Clause 25.5.1 actually exceeds one hundred eighty (180) days, the
Employer and Contractor shall mutually agree to any additional
compensation payable to the Contractor.
25.5.4 When the Contractor is notified by the Project Manager that the
plant is ready for Pre commissioning, the Contractor shall proceed without
delay in performing all the specified activities and obligations under the
contract.
F. Guarantees and Liabilities
26.Completion Time 26.1 The Contractor guarantees that it shall attain Completion of the
Guarantee Facilities (or a part for which a separate time for completion is specified)
within the Time for Completion specified in the SCC pursuant to GCC
Sub-Clause 8.2, or within such extended time to which the Contractor
shall be entitled under GCC Clause 40 hereof.
26.2 If the Contractor fails to attain Completion of the Facilities or any
part thereof within the Time for Completion or any extension thereof
under GCC Clause, the Contractor shall pay to the Employer liquidated
damages in the amount specified in the SCC as a percentage rate of the
Contract Price or the relevant part thereof. The aggregate amount of such
liquidated damages shall in no event exceed the amount specified as
“Maximum” in the SCC as a percentage rate of the Contract Price. Once
the “Maximum” is reached, the Employer may consider termination of the
Contract, pursuant to GCC Sub-Clause 42.2.2.
Such payment shall completely satisfy the Contractor’s obligation to attain
Completion of the Facilities or the relevant part thereof within the Time for
Completion or any extension thereof under GCC Clause 40. The
Contractor shall have no further liability whatsoever to the Employer in
respect thereof.
However, the payment of liquidated damages shall not in any way relieve
the Contractor from any of its obligations to complete the Facilities or from
any other obligations and liabilities of the Contractor under the Contract.
Save for liquidated damages payable under this GCC Sub-Clause 26.2,
the failure by the Contractor to attain any milestone or other act, matter or

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thing by any date specified in the Appendix (Time Schedule) to the

Contract Agreement and/or other program of work prepared pursuant to
GCC Sub-Clause 18.2 shall not render the Contractor liable for any loss
or damage thereby suffered by the Employer.
26.3 If the Contractor attains Completion of the Facilities or any part
thereof before the Time for Completion or any extension thereof under
GCC Clause 40, the Employer shall pay to the Contractor a bonus in the
amount specified in the SCC. The aggregate amount of such bonus shall
in no event exceed the amount specified as “Maximum” in the SCC.
27.Defect Liability 27.1 The Contractor warrants that the Facilities or any part thereof
shall be free from defects in the incidental design, engineering, materials,
and workmanship of the Plant supplied and of the work executed.
27.2 The Defect Liability Period shall be 3 (Three Years) from the date
of Completion of the Facilities (or any part thereof) unless specified
otherwise in the SCC pursuant to GCC Sub-Clause 27.10.
If during the Defect Liability Period any defect should be found in the
incidental design, engineering, materials and workmanship of the Plant
supplied or of the work executed by the Contractor, the Contractor shall
promptly, in consultation and agreement with the Employer regarding
appropriate remedying of the defects, and at its cost, repair, replace or
otherwise make good as the Contractor shall determine at its discretion,
such defect as well as any damage to the Facilities caused by such
defect. The Contractor shall not be responsible for the repair,
replacement or making good of any defector of any damage to the
Facilities arising out of or resulting from any of the following causes:
(a) improper operation or maintenance of the Facilities by the
Employer;
(b) operation of the Facilities outside specifications provided in the
Contract; or
(c) normal wear and tear.
27.3 The Contractor’s obligations under this GCC Clause 27 shall not
apply to:
(a) any materials that are supplied by the Employer under GCC Sub-
Clause 21.2, are normally consumed in operation, or have a normal life
shorter than the Defect Liability Period stated herein;
(b) any designs, specifications or other data designed, supplied or
specified by or on behalf of the Employer or any matters for which the
Contractor has disclaimed responsibility herein; or
(c) any other materials supplied or any other work executed by or on
behalf of the Employer, except for the work executed by the Employer
under GCC Sub-Clause 27.7
27.4 The Employer shall give the Contractor a notice stating the nature
of any such defect together with all available evidence thereof, promptly
following the discovery thereof. The Employer shall afford all reasonable
opportunity for the Contractor to inspect any such defect.
27.5 The Employer shall afford the Contractor all necessary access to
the Facilities and the Site to enable the Contractor to perform its
obligations under this GCC Clause 27.
The Contractor may, with the consent of the Employer, remove from the
Site any Plant or any part of the Facilities that are defective if the nature of
the defect, and/or any damage to the Facilities caused by the defect, is
such that repairs cannot be expeditiously carried out at the Site.
27.6 If the repair, replacement, or making good is of such a character
that it may affect the efficiency of the Facilities or any part thereof, the
Employer may give to the Contractor a notice requiring that tests of the
defective part of the Facilities shall be made by the Contractor
immediately upon completion of such remedial work, whereupon the

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Contractor shall carry out such tests.

If such part fails the tests, the Contractor shall carry out further repair,
replacement, or making good, as the case may be, until that part of the
Facilities passes such tests. The tests shall be agreed upon by the
Employer and the Contractor.
27.7 If the Contractor fails to commence the work necessary to
remedy such defect or any damage to the Facilities caused by such
defect within a reasonable time (which shall in no event be considered to
be less than fifteen (15) days), the Employer may, following notice to the
Contractor, proceed to do such work, and the reasonable costs incurred
by the Employer in connection therewith shall be paid to the Employer by
the Contractor or may be deducted by the Employer from any monies due
the Contractor or claimed under the Performance Security.
27.8 If the Facilities or any part thereof cannot be used by reason of
such defect and/or making good of such defect, the Defect Liability Period
of the Facilities or such part, as the case may be, shall be extended by a
period equal to the period during which the Facilities or such part cannot
be used by the Employer because of any of the aforesaid reasons.
27.9 Except as provided in GCC Clauses 27 and 33, the Contractor
shall be under no liability whatsoever and howsoever arising, and whether
under the Contract or at law, in respect of defects in the Facilities or any
part thereof, the Plant, design or engineering or work executed that
appear after Completion of the Facilities or any part thereof, except where
such defects are the result of the gross negligence, fraud, criminal or
willful action of the Contractor.
27.10 In addition, any such component of the Facilities and during the
period of time as may be specified in the SCC shall be subject to an
extended Defect Liability Period. Such obligation of the Contractor shall
be in addition to the Defect Liability Period specified under GCC Sub-
Clause 27.2.
28.Functional 28.1 The Contractor guarantees that during the Guarantee Test, the
Guarantees Facilities and all parts thereof shall attain the Functional Guarantees
specified in the Appendix (Functional Guarantees) to the Contract
Agreement, subject to and upon the conditions therein specified.
28.2 If, for reasons attributable to the Contractor, the minimum level of
the Functional Guarantees specified in the Appendix (Functional
Guarantees) to the Contract Agreement are not met either in whole or in
part, the Contractor shall at its cost and expense make such changes,
modifications and/or additions to the Plant or any part thereof as may be
necessary to meet at least the minimum level of such Guarantees. The
Contractor shall notify the Employer upon completion of the necessary
changes, modifications, and/or additions, and shall request the Employer
to repeat the Guarantee Test until the minimum level of the Guarantees
has been met. If the Contractor eventually fails to meet the minimum level
of Functional Guarantees, the Employer may consider termination of the
Contract, pursuant to GCC Sub-Clause 42.2.2.
28.3 If, for reasons attributable to the Contractor, the Functional
Guarantees specified in the Appendix (Functional Guarantees) to the
Contract Agreement are not attained either in whole or in part, but the
minimum level of the Functional Guarantees specified in the said
Appendix to the Contract Agreement is met, the Contractor shall, at the
Contractor’s option, either
(a) make such changes, modifications and/or additions to the
Facilities or any part thereof that are necessary to attain the Functional
Guarantees at its cost and expense, and shall request the Employer to
repeat the Guarantee Test or
(b) pay liquidated damages to the Employer in respect of the failure

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to meet the Functional Guarantees in accordance with the provisions in

the Appendix (Functional Guarantees) to the Contract Agreement.
28.4 The payment of liquidated damages under GCC Sub-Clause 28.3, up
to the limitation of liability specified in the Appendix (Functional
Guarantees) to the Contract Agreement, shall completely satisfy the
Contractor’s guarantees under GCC Sub-Clause 28.3, and the Contractor
shall have no further liability whatsoever to the Employer in respect
thereof. Upon the payment of such liquidated damages by the Contractor,
the Project Manager shall issue the Operational Acceptance Certificate for
the Facilities or any part thereof in respect of which the
liquidated damages have been so paid.
29.Patent Indemnity 29.1 The Contractor shall, subject to the Employer’s compliance with
GCC Sub-Clause 29.2, indemnify and hold harmless the Employer and its
employees and officers from and against any and all suits, actions or
administrative proceedings, claims, demands, losses, damages, costs,
and expenses of whatsoever nature, including attorney’s fees and
expenses, which the Employer may suffer as a result of any infringement
or alleged infringement of any patent, utility model, registered design,
trademark, copyright or other intellectual property right registered or
otherwise existing at the date of the Contract by reason of: (a) the
installation of the Facilities by the Contractor or the use of the Facilities in
the country where the Site is located; and (b) the sale of the products
produced by the Facilities in any country.
29.2 Such indemnity shall not cover any use of the Facilities or any part
thereof other than for the purpose indicated by or to be reasonably
inferred from the Contract, any infringement resulting from the use of the
Facilities or any part thereof, or any products produced thereby in
association or combination with any other equipment, plant or materials
not supplied by the Contractor, pursuant to the Contract Agreement.
29.3 If any proceedings are brought or any claim is made against the
Employer arising out of the matters referred to in GCC Sub-Clause 29.1,
the Employer shall promptly give the Contractor a notice thereof, and the
Contractor may at its own expense and in the Employer’s name conduct
such proceedings or claim and any negotiations for the settlement of any
such proceedings or claim.
29.4 If the Contractor fails to notify the Employer within twenty-eight
(28) days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Employer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify the
Employer within the twenty-eight (28) day period, the Employer shall
make no admission that may be prejudicial to the defense of any such
proceedings or claim.
29.5 The Employer shall, at the Contractor’s request, afford all
available assistance to the Contractor in conducting such proceedings or
claim, and shall be reimbursed by the Contractor for all reasonable
expenses incurred in so doing.
29.6 The Employer shall indemnify and hold harmless the Contractor
and its employees, officers and Subcontractors from and against any and
all suits, actions or administrative proceedings, claims, demands, losses,
damages, costs, and expenses of whatsoever nature, including attorney’s
fees and expenses, which the Contractor may suffer as a result of any
infringement or alleged infringement of any patent, utility model,
registered design, trademark, copyright or other intellectual property right
registered or otherwise existing at the date of the Contract arising out of
or in connection with any design, data, drawing, specification, or other
documents or materials provided or designed by or on behalf of the
Employer.

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30.Limitation of 30.1 Except in cases of criminal negligence or willful misconduct,

Liability (a) the Contractor shall not be liable to the Employer, whether in
contract, tort, or otherwise, for any indirect or consequential loss or
damage, loss of use, loss of production, or loss of profits or interest costs,
provided that this exclusion shall not apply to any obligation of the
Contractor to pay liquidated damages to the Employer and
(b) the aggregate liability of the Contractor to the Employer, whether
under the Contract, in tort or otherwise, shall not exceed a multiple of the
Contract Price specified in the SCC or, if a multiple is not so specified, the
total Contract Price, provided that this limitation shall not apply to the cost
of repairing or replacing defective equipment, or to any obligation of the
Contractor to indemnify the Employer with respect to patent infringement.
G. Risk Distribution
31.Transfer of 31.1 Ownership of the Plant (including spare parts) to be imported into
Ownership the country where the Site is located shall be transferred to the Employer
upon loading on to the mode of transport to be used to convey the Plant
from the country of origin to that country.
31.2 Ownership of the Plant (including spare parts) procured in the
country where the Site is located shall be transferred to the Employer
when the Plant are brought on to the Site.
31.3 Ownership of the Contractor’s Equipment used by the Contractor
and its Subcontractors in connection with the Contract shall remain with
the Contractor or its Subcontractors.
31.4 Ownership of any Plant in excess of the requirements for the
Facilities shall revert to the Contractor upon Completion of the Facilities or
at such earlier time when the Employer and the Contractor agree that the
Plant in question are no longer required for the Facilities.
31.5 Notwithstanding the transfer of ownership of the Plant, the
responsibility for care and custody thereof together with the risk of loss or
damage thereto shall remain with the Contractor pursuant to GCC Clause
32 (Care of Facilities) hereof until Completion of the Facilities or the part
thereof in which such Plant are incorporated.
32.Care of Facilities 32.1 The Contractor shall be responsible for the care and custody of
the Facilities or any part thereof until the date of Completion of the
Facilities pursuant to GCC Clause 24 or, where the Contract provides for
Completion of the Facilities in parts, until the date of Completion of the
relevant part, and shall make good at its own cost any loss or damage
that may occur to the Facilities or the relevant part thereof from any cause
whatsoever during such period. The Contractor shall also be responsible
for any loss or damage to the Facilities caused by the Contractor or its
Subcontractors in the course of any work carried out, pursuant to GCC
Clause 27. Notwithstanding the foregoing, the Contractor shall not be
liable for any loss or damage to the Facilities or that part thereof caused
by reason of any of the matters specified or referred to in paragraphs (a),
(b) and (c) of GCC Sub-Clauses 32.2 and 38.1.
32.2 If any loss or damage occurs to the Facilities or any part thereof
or to the Contractor’s temporary facilities by reason of
(a) insofar as they relate to the country where the Site is located,
nuclear reaction, nuclear radiation, radioactive contamination, pressure
wave caused by aircraft or other aerial objects, or any other occurrences
that an experienced contractor could not reasonably foresee, or if
reasonably foreseeable could not reasonably make provision for or insure
against, insofar as such risks are not normally insurable on the insurance
market and are mentioned in the general exclusions of the policy of
insurance, including War Risks and Political Risks, taken out under GCC
Clause 34 hereof; or

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(b) any use or occupation by the Employer or any third party other
than a Subcontractor, authorized by the Employer of any part of the
Facilities; or
(c) any use of or reliance upon any design, data or specification
provided or designated by or on behalf of the Employer, or any such
matter for which the Contractor has disclaimed responsibility herein,
the Employer shall pay to the Contractor all sums payable in respect of
the Facilities executed, notwithstanding that the same be lost, destroyed
or damaged, and will pay to the Contractor the replacement value of all
temporary facilities and all parts thereof lost, destroyed or damaged. If
the Employer requests the Contractor in writing to make good any loss or
damage to the Facilities thereby occasioned, the Contractor shall make
good the same at the cost of the Employer in accordance with GCC
Clause 39. If the Employer does not request the Contractor in writing to
make good any loss or damage to the Facilities thereby occasioned, the
Employer shall either request a change in accordance with GCC Clause
39, excluding the performance of that part of the Facilities thereby lost,
destroyed or damaged, or, where the loss or damage affects a substantial
part of the Facilities, the Employer shall terminate the Contract pursuant
to GCC Sub-Clause 42.1 hereof.
32.3 The Contractor shall be liable for any loss of or damage to any
Contractor’s Equipment, or any other property of the Contractor used or
intended to be used for purposes of the Facilities, except (i) as mentioned
in GCC Sub-Clause 32.2 with respect to the Contractor’s temporary
facilities, and (ii) where such loss or damage arises by reason of any of
the matters specified in GCC Sub-Clauses 32.2 (b) and (c) and 38.1.
32.4 With respect to any loss or damage caused to the Facilities or
any part thereof or to the Contractor’s Equipment by reason of any of the
matters specified in GCC Sub-Clause 38.1, the provisions of GCC Sub-
Clause 38.3 shall apply.
33.Loss of or 33.1 Subject to GCC Sub-Clause 33.3, the Contractor shall indemnify
Damage to Property; and hold harmless the Employer and its employees and officers from and
Accident or Injury to against any and all suits, actions or administrative proceedings, claims,
Workers; demands, losses, damages, costs, and expenses of whatsoever nature,
Indemnification including attorney’s fees and expenses, in respect of the death or injury of
any person or loss of or damage to any property other than the Facilities
whether accepted or not, arising in connection with the supply and
installation of the Facilities and by reason of the negligence of the
Contractor or its Subcontractors, or their employees, officers or agents,
except any injury, death or property damage caused by the negligence of
the Employer, its contractors, employees, officers or agents.
33.2 If any proceedings are brought or any claim is made against the
Employer that might subject the Contractor to liability under GCC Sub-
Clause 33.1, the Employer shall promptly give the Contractor a notice
thereof and the Contractor may at its own expense and in the Employer’s
name conduct such proceedings or claim and any negotiations for the
settlement of any such proceedings or claim.
If the Contractor fails to notify the Employer within twenty-eight (28) days
after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Employer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify the
Employer within the twenty-eight (28) day period, the Employer shall
make no admission that may be prejudicial to the defense of any such
proceedings or claim.
The Employer shall, at the Contractor’s request, afford all available
assistance to the Contractor in conducting such proceedings or claim,
and shall be reimbursed by the Contractor for all reasonable expenses

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incurred in so doing.
33.3 The Employer shall indemnify and hold harmless the Contractor
and its employees, officers and Subcontractors from any liability for loss
of or damage to property of the Employer, other than the Facilities not yet
taken over, that is caused by fire, explosion or any other perils, in excess
of the amount recoverable from insurances procured under GCC Clause
34, provided that such fire, explosion or other perils were not caused by
any act or failure of the Contractor.
33.4 The party entitled to the benefit of an indemnity under this GCC
Clause 33 shall take all reasonable measures to mitigate any loss or
damage which has occurred. If the party fails to take such measures, the
other party’s liabilities shall be correspondingly reduced.
34.Insurance 34.1 To the extent specified in the Appendix (Insurance Requirements) to
the Contract Agreement, the Contractor shall at its expense take out and
maintain in effect, or cause to be taken out and maintained in effect,
during the performance of the Contract, the insurances set forth below in
the sums and with the deductibles and other conditions specified in the
said Appendix. The identity of the insurers and the form of the policies
shall be subject to the approval of the Employer, who should not
unreasonably withhold such approval.
(a) Cargo Insurance During Transport
Covering loss or damage occurring while in transit from the Contractor’s
or Subcontractor’s works or stores until arrival at the Site, to the Plant
(including spare parts therefore) and to the Contractor’s Equipment.
(b) Installation All Risks Insurance
Covering physical loss or damage to the Facilities at the Site, occurring
prior to Completion of the Facilities, with extended maintenance coverage
for the Contractor’s liability in respect of any loss or damage occurring
during the Defect Liability Period while the Contractor is on the Site for
the purpose of performing its obligations during the Defect Liability
Period.
(c) Third Party Liability Insurance
Covering bodily injury or death suffered by third parties including the
Employer’s personnel, and loss of or damage to property occurring in
connection with the supply and installation of the Facilities.
(d) Automobile Liability Insurance
Covering use of all vehicles used by the Contractor or its Subcontractors,
whether or not owned by them, in connection with the execution of the
Contract.
(e) Workers’ Compensation
In accordance with the statutory requirements applicable in any country
where the Contract or any part thereof is executed.
(f) Employer’s Liability
In accordance with the statutory requirements applicable in any country
where the Contract or any part thereof is executed.
(g) Other Insurances
Such other insurances as may be specifically agreed upon by the parties
hereto as listed in the Appendix (Insurance Requirements) to the Contract
Agreement.
34.2 The Employer shall be named as co-insured under all insurance
policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1,
except for the Third Party Liability, Workers’ Compensation and
Employer’s Liability Insurances, and the Contractor’s Subcontractors shall
be named as co-insureds under all insurance policies taken out by the
Contractor pursuant to GCC Sub-Clause 34.1 except for the Cargo
Insurance During Transport, Workers’ Compensation and Employer’s
Liability Insurances. All insurer’s rights of subrogation against such co-

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insureds for losses or claims arising out of the performance of the

Contract shall be waived under such policies.
34.3 The Contractor shall, in accordance with the provisions of the
Appendix (Insurance Requirements) to the Contract Agreement, deliver to
the Employer certificates of insurance or copies of the insurance policies
as evidence that the required policies are in full force and effect. The
certificates shall provide that no less than twenty-one (21) days’ notice
shall be given to the Employer by insurers prior to cancellation or material
modification of a policy.
34.4 The Contractor shall ensure that, where applicable, its
Subcontractor(s) shall take out and maintain in effect adequate insurance
policies for their personnel and vehicles and for work executed by them
under the Contract, unless such Subcontractors are covered by the
policies taken out by the Contractor.
34.5 The Employer shall at its expense take out and maintain in effect
during the performance of the Contract those insurances specified in the
Appendix (Insurance Requirements) to the Contract Agreement, in the
sums and with the deductibles and other conditions specified in the said
Appendix. The Contractor and the Contractor’s Subcontractors shall be
named as co-insureds under all such policies. All insurers’ rights of
subrogation against such co-insureds for losses or claims arising out of
the performance of the Contract shall be waived under such policies. The
Employer shall deliver to the Contractor satisfactory evidence that the
required insurances are in full force and effect. The policies shall provide
that not less than twenty-one (21) days’ notice shall be given to the
Contractor by all insurers prior to any cancellation or material modification
of the policies. If so requested by the Contractor, the Employer shall
provide copies of the policies taken out by the Employer under this GCC
Sub-Clause 34.5.
34.6 If the Contractor fails to take out and/or maintain in effect the
insurances referred to in GCC Sub-Clause 34.1, the Employer may take
out and maintain in effect any such insurances and may from time to time
deduct from any amount due the Contractor under the Contract any
premium that the Employer shall have paid to the insurer, or may
otherwise recover such amount as a debt due from the Contractor. If the
Employer fails to take out and/or maintain in effect the insurances
referred to in GCC 34.5, the Contractor may take out and maintain in
effect any such insurances and may from time to time deduct from any
amount due the Employer under the Contract any premium that the
Contractor shall have paid to the insurer, or may otherwise recover such
amount as a debt due from the Employer. If the Contractor fails to or is
unable to take out and maintain in effect any such insurances, the
Contractor shall nevertheless have no liability or responsibility towards
the Employer, and the Contractor shall have full recourse against the
Employer for any and all liabilities of the Employer herein.
34.7 Unless otherwise provided in the Contract, the Contractor shall
prepare and conduct all and any claims made under the policies affected
by it pursuant to this GCC Clause 34, and all monies payable by any
insurers shall be paid to the Contractor. The Employer shall give to the
Contractor all such reasonable assistance as may be required by the
Contractor. With respect to insurance claims in which the Employer’s
interest is involved, the Contractor shall not give any release or make any
compromise with the insurer without the prior written consent of the
Employer. With respect to insurance claims in which the Contractor’s
interest is involved, the Employer shall not give any release or make any
compromise with the insurer without the prior written consent of the
Contractor.

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35.Unforeseen 35.1 If, during the execution of the Contract, the Contractor shall
Conditions encounter on the Site any physical conditions other than climatic
conditions, or artificial obstructions that could not have been reasonably
foreseen prior to the date of the Contract Agreement by an experienced
contractor on the basis of reasonable examination of the data relating to
the Facilities including any data as to boring tests, provided by the
Employer, and on the basis of information that it could have obtained
from a visual inspection of the Site if access thereto was available, or
other data readily available to it relating to the Facilities, and if the
Contractor determines that it will in consequence of such conditions or
obstructions incur additional cost and expense or require additional time
to perform its obligations under the Contract that would not have been
required if such physical conditions or artificial obstructions had not been
encountered, the Contractor shall promptly, and before performing
additional work or using additional Plant or Contractor’s Equipment, notify
the Project Manager in writing of
(a) the physical conditions or artificial obstructions on the Site that
could not have been reasonably foreseen;
(b) the additional work and/or Plant and/or Contractor’s Equipment
required, including the steps which the Contractor will or proposes to take
to overcome such conditions or obstructions;
(c) the extent of the anticipated delay; and
(d) the additional cost and expense that the Contractor is likely to
incur.
On receiving any notice from the Contractor under this GCC Sub-Clause
35.1, the Project Manager shall promptly consult with the Employer and
Contractor and decide upon the actions to be taken to overcome the
physical conditions or artificial obstructions encountered. Following such
consultations, the Project Manager shall instruct the Contractor, with a
copy to the Employer, of the actions to be taken.
35.2 Any reasonable additional cost and expense incurred by the
Contractor in following the instructions from the Project Manager to
overcome such physical conditions or artificial obstructions referred to in
GCC Sub-Clause 35.1 shall be paid by the Employer to the Contractor as
an addition to the Contract Price.
If the Contractor is delayed or impeded in the performance of the
Contract because of any such physical conditions or artificial obstructions
referred to in GCC Sub-Clause 35.1, the Time for Completion shall be
extended in accordance with GCC Clause 40.
36.Change in Laws 36.1 If, after the date twenty-eight (28) days prior to the date of Bid
and Regulations submission, in the country where the Site is located, any law, regulation,
ordinance, order or by-law having the force of law is enacted,
promulgated, abrogated or changed which shall be deemed to include
any change in interpretation or application by the competent authorities,
that subsequently affects the costs and expenses of the Contractor
and/or the Time for Completion, the Contract Price shall be
correspondingly increased or decreased, and/or the Time for Completion
shall be reasonably adjusted to the extent that the Contractor has thereby
been affected in the performance of any of its obligations under the
Contract. Notwithstanding the foregoing, such additional or reduced
costs shall not be separately paid or credited if the same has already
been accounted for in the price adjustment provisions where applicable,
in accordance with the SCC, pursuant to GCC Sub-Clause 11.2.

37.Force Majeure 37.1 “Force Majeure” shall mean any event beyond the reasonable
control of the Employer or of the Contractor, as the case may b e , and
which is unavoidable notwithstanding the reasonable care of the party

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affected, and shall include, without limitation, the following:

(a) war, hostilities or warlike operations whether a state of war be
declared or not, invasion, act of foreign enemy and civil war
(b) rebellion, revolution, insurrection, mutiny, usurpation of civil or
military government, conspiracy, riot, civil commotion and terrorist acts
(c) confiscation, nationalization, mobilization, commandeering or
requisition by or under the order of any government or de jure or de facto
authority or ruler or any other act or failure to act of any local state or
national government authority
(d) strike, sabotage, lockout, embargo, import restriction, port
congestion, lack of usual means of public transportation and
communication, industrial dispute, shipwreck, shortage or restriction of
power supply, epidemics, quarantine and plague
(e) earthquake, landslide, volcanic activity, fire, flood or inundation,
tidal wave, typhoon or cyclone, hurricane, storm, lightning, or other
inclement weather condition, nuclear and pressure waves or other natural
or physical disaster
(f) shortage of labor, materials or utilities where caused by
circumstances that are themselves Force Majeure.
37.2 If either party is prevented, hindered, or delayed from or in
performing any of its obligations under the Contract by an event of Force
Majeure, then it shall notify the other in writing of the occurrence of such
event and the circumstances thereof within fourteen (14) days after the
occurrence of such event.
37.3 The party who has given such notice shall be excused from the
performance or punctual performance of its obligations under the Contract
for so long as the relevant event of Force Majeure continues and to the
extent that such party’s performance is prevented, hindered or delayed.
The Time for Completion shall be extended in accordance with GCC
Clause 40.
37.4 The party or parties affected by the event of Force Majeure shall
use reasonable efforts to mitigate the effect thereof upon its or their
performance of the Contract and to fulfill its or their obligations under the
Contract, but without prejudice to either party’s right to terminate the
Contract under GCC Sub-Clauses 37.6 and 38.5.
37.5 No delay or nonperformance by either party hereto caused by the
occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract, or
(b) give rise to any claim for damages or additional cost or expense
occasioned thereby, subject to GCC Sub-Clauses 32.2, 38.3 and 38.4
if and to the extent that such delay or nonperformance is caused by the
occurrence of an event of Force Majeure.
37.6 If the performance of the Contract is substantially prevented,
hindered or delayed for a single period of more than sixty (60) days or an
aggregate period of more than one hundred and twenty (120) days on
account of one or more events of Force Majeure during the currency of
the Contract, the parties will attempt to develop a mutually satisfactory
solution, failing which either party may terminate the Contract by giving a
notice to the other, but without prejudice to either party’s right to terminate
the Contract under GCC Sub-Clause 38.5.
37.7 In the event of termination pursuant to GCC Sub-Clause 37.6, the
rights and obligations of the Employer and the Contractor shall be as
specified in GCC Sub-Clauses 42.1.2 and 42.1.3.
37.8 Notwithstanding GCC Sub-Clause 37.5, Force Majeure shall not
apply to any obligation of the Employer to make payments to the
Contractor herein.
38.War Risks Deleted ,

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H. Change in Contract Elements

39.Change in the 39.1 Introducing a Change
Facilities 39.1.1 Subject to GCC Sub-Clauses 39.2.5 and 39.2.7, the Employer
shall have the right to propose, and subsequently require, that the
Project Manager order the Contractor from time to time during the
performance of the Contract to make any change, modification, addition
or deletion to, in or from the Facilities hereinafter called “Change”,
provided that such Change falls within the general scope of the Facilities
and does not constitute unrelated work and that it is technically
practicable, taking into account both the state of advancement of the
Facilities and the technical compatibility of the Change envisaged with
the nature of the Facilities as specified in the Contract.
39.1.2 The Contractor may from time to time during its performance of
the Contract propose to the Employer with a copy to the Project
Manager, any Change that the Contractor considers necessary or
desirable to improve the quality, efficiency or safety of the Facilities.
The Employer may at its discretion approve or reject any Change
proposed by the Contractor, provided that the Employer shall approve
any Change proposed by the Contractor to ensure the safety of the
Facilities.
39.1.3 Notwithstanding GCC Sub-Clauses 39.1.1 and 39.1.2, no
change made necessary because of any default of the Contractor in the
performance of its obligations under the Contract shall be deemed to be
a Change, and such change shall not result in any adjustment of the
Contract Price or the Time for Completion.
39.1.4 The procedure on how to proceed with and execute Changes is
specified in GCC Sub-Clauses 39.2 and 39.3, and further details and
forms are provided in the Employer’s Requirements (Forms and
Procedures).
39.2 Changes Originating from Employer
39.2.1 If the Employer proposes a Change pursuant to GCC Sub-
Clause 39.1.1, it shall send to the Contractor a “Request for Change
Proposal,” requiring the Contractor to prepare and furnish to the Project
Manager as soon as reasonably practicable a “Change Proposal,” which
shall include the following:
(a) brief description of the Change
(b) effect on the Time for Completion
(c) estimated cost of the Change
(d) effect on Functional Guarantees (if any)
(e) effect on the Facilities
(f) effect on any other provisions of the Contract.
39.2.2 Prior to preparing and submitting the “Change Proposal,” the
Contractor shall submit to the Project Manager an “Estimate for Change
Proposal,” which shall be an estimate of the cost of preparing and
submitting the Change Proposal.
Upon receipt of the Contractor’s Estimate for Change Proposal, the
Employer shall do one of the following:
(a) accept the Contractor’s estimate with instructions to the
Contractor to proceed with the preparation of the Change Proposal
(b) advise the Contractor of any part of its Estimate for Change
Proposal that is unacceptable and request the Contractor to review its
estimate
(c) advise the Contractor that the Employer does not intend to
proceed with the Change.
39.2.3 Upon receipt of the Employer’s instruction to proceed under GCC
Sub-Clause 39.2.2 (a), the Contractor shall, with proper expedition,
proceed with the preparation of the Change Proposal, in accordance

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with GCC Sub-Clause 39.2.1.

39.2.4 The pricing of any Change shall, as far as practicable, be
calculated in accordance with the rates and prices included in the
Contract. If such rates and prices are inequitable, the parties thereto
shall agree on specific rates for the valuation of the Change.
39.2.5 If before or during the preparation of the Change Proposal it
becomes apparent that the aggregate effect of compliance therewith
and with all other Change Orders that have already become binding
upon the Contractor under this GCC Clause 39 would be to increase or
decrease the Contract Price as originally set forth in Article 2 (Contract
Price) of the Contract Agreement by more than fifteen percent (15%),
the Contractor may give a written notice of objection thereto prior to
furnishing the Change Proposal as aforesaid. If the Employer accepts
the Contractor’s objection, the Employer shall withdraw the proposed
Change and shall notify the Contractor in writing thereof.
The Contractor’s failure to so object shall neither affect its right to object
to any subsequent requested Changes or Change Orders herein, nor
affect its right to take into account, when making such subsequent
objection, the percentage increase or decrease in the Contract Price that
any Change not objected to by the Contractor represents.
39.2.6 Upon receipt of the Change Proposal, the Employer and the
Contractor shall mutually agree upon all matters therein contained.
Within fourteen (14) days after such agreement, the Employer shall, if it
intends to proceed with the Change, issue the Contractor with a Change
Order.
If the Employer is unable to reach a decision within fourteen (14) days, it
shall notify the Contractor with details of when the Contractor can expect
a decision.
If the Employer decides not to proceed with the Change for whatever
reason, it shall, within the said period of fourteen (14) days, notify the
Contractor accordingly. Under such circumstances, the Contractor shall
be entitled to reimbursement of all costs reasonably incurred by it in the
preparation of the Change Proposal, provided that these do not exceed
the amount given by the Contractor in its Estimate for Change Proposal
submitted in accordance with GCC Sub-Clause 39.2.2.
39.2.7 If the Employer and the Contractor cannot reach agreement on
the price for the Change, an equitable adjustment to the Time for
Completion, or any other matters identified in the Change Proposal, the
Employer may nevertheless instruct the Contractor to proceed with the
Change by issue of a “Pending Agreement Change Order.”
Upon receipt of a Pending Agreement Change Order, the Contractor
shall immediately proceed with effecting the Changes covered by such
Order. The parties shall thereafter attempt to reach agreement on the
outstanding issues under the Change Proposal.
If the parties cannot reach agreement within sixty (60) days from the
date of issue of the Pending Agreement Change Order, then the matter
may be referred to the Dispute Board in accordance with the provisions
of GCC Sub-Clause 45.1.
39.3 Changes Originating from Contractor
39.3.1 If the Contractor proposes a Change pursuant to GCC Sub-
Clause 39.1.2, the Contractor shall submit to the Project Manager a
written “Application for Change Proposal,” giving reasons for the
proposed Change and including the information specified in GCC Sub-
Clause 39.2.1.
Upon receipt of the Application for Change Proposal, the parties shall
follow the procedures outlined in GCC Sub-Clauses 39.2.6 and 39.2.7.
However, should the Employer choose not to proceed, the Contractor

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shall not be entitled to recover the costs of preparing the Application for
Change Proposal.
40.Extension of Time 40.1 The Time(s) for Completion specified in the SCC shall be
for Completion extended if the Contractor is delayed or impeded in the performance of
any of its obligations under the Contract by reason of any of the
following:
(a) any Change in the Facilities as provided in GCC Clause 39
(b) any occurrence of Force Majeure as provided in GCC Clause
37, unforeseen conditions as provided in GCC Clause 35, or other
occurrence of any of the matters specified or referred to in paragraphs
(a), (b) and (c) of GCC Sub-Clause 32.2
(c) any suspension order given by the Employer under GCC Clause
41 hereof or reduction in the rate of progress pursuant to GCC Sub-
Clause 41.2 or
(d) any changes in laws and regulations as provided in GCC Clause
36 or
(e) any default or breach of the Contract by the Employer, or any
activity, act or omission of the Employer, or the Project Manager, or any
other contractors employed by the Employer or
(f) any other matter specifically mentioned in the Contract
(g) any delay on the part of a sub-contractor, provided such delay is
due to a cause for which the Contractor himself would have been
entitled to an extension of time under this sub-clause
by such period as shall be fair and reasonable in all the circumstances
and as shall fairly reflect the delay or impediment sustained by the
Contractor.
40.2 Except where otherwise specifically provided in the Contract, the
Contractor shall submit to the Project Manager a notice of a claim for an
extension of the Time for Completion, together with particulars of the
event or circumstance justifying such extension as soon as reasonably
practicable after the commencement of such event or circumstance. As
soon as reasonably practicable after receipt of such notice and
supporting particulars of the claim, the Employer and the Contractor
shall agree upon the period of such extension. In the event that the
Contractor does not accept the Employer’s estimate of a fair and
reasonable time extension, the Contractor shall be entitled to refer the
matter to a Dispute Board, pursuant to GCC Clause 44
40.3 The Contractor shall at all times use its reasonable efforts to
minimize any delay in the performance of its obligations under the
Contract.
In all cases where the Contractor has given a notice of a claim
for an extension of time under GCC 40.2, the Contractor shall consult
with the Project Manager in order to determine the steps (if any) which
can be taken to overcome or minimize the actual or anticipated delay.
The Contractor shall there after comply with all reasonable instructions
which the Project Manager shall give in order to minimize such delay. If
compliance with such instructions shall cause the Contractor to incur
extra costs and the Contractor is entitled to an extension of time under
GCC Sub Clause 40.1, the amount of such extra costs shall be added to
the Contract Price.
41.Suspension 41.1 The Employer may request the Project Manager, by notice to the
Contractor, to order the Contractor to suspend performance of any or all
of its obligations under the Contract. Such notice shall specify the
obligation of which performance is to be suspended, the effective date of
the suspension and the reasons therefor. The Contractor shall
thereupon suspend performance of such obligation, except those
obligations necessary for the care or preservation of the Facilities, until

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ordered in writing to resume such performance by the Project Manager.

If, by virtue of a suspension order given by the Project Manager, other
than by reason of the Contractor’s default or breach of the Contract, the
Contractor’s performance of any of its obligations is suspended for an
aggregate period of more than ninety (90) days, then at any time
thereafter and provided that at that time such performance is still
suspended, the Contractor may give a notice to the Project Manager
requiring that the Employer shall, within twenty-eight (28) days of receipt
of the notice, order the resumption of such performance or request and
subsequently order a change in accordance with GCC Clause 39,
excluding the performance of the suspended obligations from the
Contract.
If the Employer fails to do so within such period, the Contractor may, by
a further notice to the Project Manager, elect to treat the suspension,
where it affects a part only of the Facilities, as a deletion of such part in
accordance with GCC Clause 39 or, where it affects the whole of the
Facilities, as termination of the Contract under GCC Sub-Clause 42.1.
41.2 If
(a) the Employer has failed to pay the Contractor any sum due
under the Contract within the specified period, has failed to approve any
invoice or supporting documents without just cause pursuant to the
Appendix (Terms and Procedures of Payment) to the Contract
Agreement, or commits a substantial breach of the Contract, the
Contractor may give a notice to the Employer that requires payment of
such sum, with interest thereon as stipulated in GCC Sub-Clause 12.3,
requires approval of such invoice or supporting documents, or specifies
the breach and requires the Employer to remedy the same, as the case
may be. If the Employer fails to pay such sum together with such
interest, fails to approve such invoice or supporting documents or give
its reasons for withholding such approval, or fails to remedy the breach
or take steps to remedy the breach within fourteen (14) days after
receipt of the Contractor’s notice or
(b) the Contractor is unable to carry out any of its obligations under
the Contract for any reason attributable to the Employer, including but
not limited to the Employer’s failure to provide possession of or access
to the Site or other areas in accordance with GCC Sub-Clause 10.2, or
failure to obtain any governmental permit necessary for the execution
and/or completion of the Facilities,
Then the Contractor may by fourteen (14) days’ notice to the Employer
suspend performance of all or any of its obligations under the Contract,
or reduce the rate of progress.
41.3 If the Contractor’s performance of its obligations is suspended
or the rate of progress is reduced pursuant to this GCC Clause 41, then
the Time for Completion shall be extended in accordance with GCC
Sub-Clause 40.1, and any and all additional costs or expenses incurred
by the Contractor as a result of such suspension or reduction shall be
paid by the Employer to the Contractor in addition to the Contract Price,
except in the case of suspension order or reduction in the rate of
progress by reason of the Contractor’s default or breach of the Contract.
41.4 During the period of suspension, the Contractor shall not
remove from the Site any Plant, any part of the Facilities or any
Contractor’s Equipment, without the prior written consent of the
Employer.

42.Termination 42.1 Termination for Employer’s Convenience

42.1.1 The Employer may at any time terminate the Contract for any
reason by giving the Contractor a notice of termination that refers to this

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GCC Sub-Clause 42.1.

42.1.2 Upon receipt of the notice of termination under GCC Sub-
Clause 42.1.1, the Contractor shall either immediately or upon the date
specified in the notice of termination
(a) cease all further work, except for such work as the Employer
may specify in the notice of termination for the sole purpose of protecting
that part of the Facilities already executed, or any work required to leave
the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the
Employer pursuant to paragraph (d) (ii) below
(c) remove all Contractor’s Equipment from the Site, repatriate the
Contractor’s and its Subcontractors’ personnel from the Site, remove
from the Site any wreckage, rubbish and debris of any kind, and leave
the whole of the Site in a clean and safe condition, and
(d) subject to the payment specified in GCC Sub-Clause 42.1.3,
(i) deliver to the Employer the parts of the Facilities executed by
the Contractor up to the date of termination
(ii) to the extent legally possible, assign to the Employer all right,
title and benefit of the Contractor to the Facilities and to the Plant as of
the date of termination, and, as may be required by the Employer, in any
subcontracts concluded between the Contractor and its Subcontractors;
and
(iii) deliver to the Employer all non-proprietary drawings,
specifications and other documents prepared by the Contractor or its
Subcontractors as at the date of termination in connection with the
Facilities.
42.1.3 In the event of termination of the Contract under GCC Sub-
Clause 42.1.1, the Employer shall pay to the Contractor the following
amounts:
(a) the Contract Price, properly attributable to the parts of the
Facilities executed by the Contractor as of the date of termination
(b) the costs reasonably incurred by the Contractor in the removal
of the Contractor’s Equipment from the Site and in the repatriation of the
Contractor’s and its Subcontractors’ personnel
(c) any amounts to be paid by the Contractor to its Subcontractors
in connection with the termination of any subcontracts, including any
cancellation charges
(d) costs incurred by the Contractor in protecting the Facilities and
leaving the Site in a clean and safe condition pursuant to paragraph (a)
of GCC Sub-Clause 42.1.2
(e) the cost of satisfying all other obligations, commitments, and
claims that the Contractor may in good faith have undertaken with third
parties in connection with the Contract and that are not covered by
paragraphs (a) through (d) above.
42.2 Termination for Contractor’s Default
42.2.1 The Employer, without prejudice to any other rights or remedies
it may possess, may terminate the Contract forthwith in the following
circumstances by giving a notice of termination and its reasons therefore
to the Contractor, referring to this GCC Sub-Clause 42.2:
(a) if the Contractor becomes bankrupt or insolvent, has a receiving
order issued against it, compounds with its creditors, or, if the Contractor
is a corporation, a resolution is passed or order is made for its winding
up, other than a voluntary liquidation for the purposes of amalgamation
or reconstruction, a receiver is appointed over any part of its undertaking
or assets, or if the Contractor takes or suffers any other analogous
action in consequence of debt
(b) if the Contractor assigns or transfers the Contract or any right or

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interest therein in violation of the provision of GCC Clause 43.

(c) if the Contractor, in the judgment of the Employer has engaged
in corrupt or fraudulent practices, as defined in GCC Clause 6, in
competing for or in executing the Contract.
42.2.2 If the Contractor:
(a) has abandoned or repudiated the Contract
(b) has without valid reason failed to commence work on the
Facilities promptly or has suspended, other than pursuant to GCC Sub-
Clause 41.2, the progress of Contract performance for more than
twenty-eight (28) days after receiving a written instruction from the
Employer to proceed
(c) persistently fails to execute the Contract in accordance with the
Contract or persistently neglects to carry out its obligations under the
Contract without just cause
(d) refuses or is unable to provide sufficient materials, services or
labor to execute and complete the Facilities in the manner specified in
the program furnished under GCC Sub-Clause 18.2 at rates of progress
that give reasonable assurance to the Employer that the Contractor can
attain Completion of the Facilities by the Time for Completion as
extended,
then the Employer may, without prejudice to any other rights it may
possess under the Contract, give a notice to the Contractor stating the
nature of the default and requiring the Contractor to remedy the same. If
the Contractor fails to remedy or to take steps to remedy the same
within fourteen (14) days of its receipt of such notice, then the Employer
may terminate the Contract forthwith by giving a notice of termination to
the Contractor that refers to this GCC Sub-Clause 42.2.
42.2.3 Upon receipt of the notice of termination under GCC Sub-
Clauses 42.2.1 or 42.2.2, the Contractor shall, either immediately or
upon such date as is specified in the notice of termination,
(a) cease all further work, except for such work as the Employer
may specify in the notice of termination for the sole purpose of protecting
that part of the Facilities already executed, or any work required to leave
the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the
Employer pursuant to paragraph (d) below
(c) deliver to the Employer the parts of the Facilities executed by
the Contractor up to the date of termination
(d) to the extent legally possible, assign to the Employer all right,
title and benefit of the Contractor to the Facilities and to the Plant as of
the date of termination, and, as may be required by the Employer, in any
subcontracts concluded between the Contractor and its Subcontractors
(e) deliver to the Employer all drawings, specifications and other
documents prepared by the Contractor or its Subcontractors as of the
date of termination in connection with the Facilities.
42.2.4 The Employer may enter upon the Site, expel the Contractor,
and complete the Facilities itself or by employing any third party. The
Employer may, to the exclusion of any right of the Contractor over the
same, take over and use with the payment of a fair rental rate to the
Contractor, with all the maintenance costs to the account of the
Employer and with an indemnification by the Employer for all liability
including damage or injury to persons arising out of the Employer’s use
of such equipment, any Contractor’s Equipment owned by the
Contractor and on the Site in connection with the Facilities for such
reasonable period as the Employer considers expedient for the supply
and installation of the Facilities.
Upon completion of the Facilities or at such earlier date as the Employer

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thinks appropriate, the Employer shall give notice to the Contractor that
such Contractor’s Equipment will be returned to the Contractor at or
near the Site and shall return such Contractor’s Equipment to the
Contractor in accordance with such notice. The Contractor shall
thereafter without delay and at its cost remove or arrange removal of the
same from the Site.
42.2.5 Subject to GCC Sub-Clause 42.2.6, the Contractor shall be
entitled to be paid the Contract Price attributable to the Facilities
executed as of the date of termination, the value of any unused or
partially used Plant on the Site, and the costs, if any, incurred in
protecting the Facilities and in leaving the Site in a clean and safe
condition pursuant to paragraph (a) of GCC Sub-Clause 42.2.3. Any
sums due the Employer from the Contractor accruing prior to the date of
termination shall be deducted from the amount to be paid to the
Contractor under this Contract.
42.2.6 If the Employer completes the Facilities, the cost of completing
the Facilities by the Employer shall be determined.
If the sum that the Contractor is entitled to be paid, pursuant to GCC
Sub-Clause 42.2.5, plus the reasonable costs incurred by the Employer
in completing the Facilities, exceeds the Contract Price, the Contractor
shall be liable for such excess.
If such excess is greater than the sums due the Contractor under GCC
Sub-Clause 42.2.5, the Contractor shall pay the balance to the
Employer, and if such excess is less than the sums due the Contractor
under GCC Sub-Clause 42.2.5, the Employer shall pay the balance to
the Contractor.
The Employer and the Contractor shall agree, in writing, on the
computation described above and the manner in which any sums shall
be paid.

42.3 Termination by Contractor

42.3.1 If
(a) the Employer has failed to pay the Contractor any sum due
under the Contract within the specified period, has failed to approve any
invoice or supporting documents without just cause pursuant to the
Appendix (Terms and Procedures of Payment) to the Contract
Agreement, or commits a substantial breach of the Contract, the
Contractor may give a notice to the Employer that requires payment of
such sum, with interest thereon as stipulated in GCC Sub-Clause 12.3,
requires approval of such invoice or supporting documents, or specifies
the breach and requires the Employer to remedy the same, as the case
may be. If the Employer fails to pay such sum together with such
interest, fails to approve such invoice or supporting documents or give
its reasons for withholding such approval, fails to remedy the breach or
take steps to remedy the breach within fourteen (14) days after receipt
of the Contractor’s notice, or
(b) the Contractor is unable to carry out any of its obligations under
the Contract for any reason attributable to the Employer, including but
not limited to the Employer’s failure to provide possession of or access
to the Site or other areas or failure to obtain any governmental permit
necessary for the execution and/or completion of the Facilities,
then the Contractor may give a notice to the Employer thereof, and if the
Employer has failed to pay the outstanding sum, to approve the invoice
or supporting documents, to give its reasons for withholding such
approval, or to remedy the breach within twenty-eight (28) days of such
notice, or if the Contractor is still unable to carry out any of its obligations
under the Contract for any reason attributable to the Employer within

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twenty-eight (28) days of the said notice, the Contractor may by a further
notice to the Employer referring to this GCC Sub-Clause 42.3.1,
forthwith terminate the Contract.
42.3.2 The Contractor may terminate the Contract forthwith by giving a
notice to the Employer to that effect, referring to this GCC Sub-Clause
42.3.2, if the Employer becomes bankrupt or insolvent, has a receiving
order issued against it, compounds with its creditors, or, being a
corporation, if a resolution is passed or order is made for its winding up
(other than a voluntary liquidation for the purposes of amalgamation or
reconstruction), a receiver is appointed over any part of its undertaking
or assets, or if the Employer takes or suffers any other analogous action
in consequence of debt.
42.3.3 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or
42.3.2, then the Contractor shall immediately
(a) cease all further work, except for such work as may be
necessary for the purpose of protecting that part of the Facilities already
executed, or any work required to leave the Site in a clean and safe
condition
(b) terminate all subcontracts, except those to be assigned to the
Employer pursuant to paragraph (d) (ii)
(c) remove all Contractor’s Equipment from the Site and repatriate
the Contractor’s and its Subcontractors’ personnel from the Site, and
(d) subject to the payment specified in GCC Sub-Clause 42.3.4,
(i) deliver to the Employer the parts of the Facilities executed by
the Contractor up to the date of termination
(ii) to the extent legally possible, assign to the Employer all right,
title and benefit of the Contractor to the Facilities and to the Plant as of
the date of termination, and, as may be required by the Employer, in any
subcontracts concluded between the Contractor and its Subcontractors,
and
(iii) deliver to the Employer all drawings, specifications and other
documents prepared by the Contractor or its Subcontractors as of the
date of termination in connection with the Facilities.
42.3.4 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or
42.3.2, the Employer shall pay to the Contractor all payments specified
in GCC Sub-Clause 42.1.3 and reasonable compensation for all loss,
except for loss of profit, or damage sustained by the Contractor arising
out of, in connection with or in consequence of such termination.
42.3.5 Termination by the Contractor pursuant to this GCC Sub-Clause
42.3 is without prejudice to any other rights or remedies of the
Contractor that may be exercised in lieu of or in addition to rights
conferred by GCC Sub-Clause 42.3.
42.4 In this GCC Clause 42, the expression “Facilities executed” shall
include all work executed, Installation Services provided, and all Plant
acquired, or subject to a legally binding obligation to purchase, by the
Contractor and used or intended to be used for the purpose of the
Facilities, up to and including the date of termination.
42.5 In this GCC Clause 42, in calculating any monies due from the
Employer to the Contractor, account shall be taken of any sum
previously paid by the Employer to the Contractor under the Contract,
including any mobilization payment paid pursuant to the Appendix
(Terms and Procedures of Payment) to the Contract Agreement.

43Assignment 43.1 Neither the Employer nor the Contractor shall, without the
express prior written consent of the other party which consent shall not
be unreasonably withheld, assign to any third party the Contract or any
part thereof, or any right, benefit, obligation or interest therein or

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thereunder, except that the Contractor shall be entitled to assign either

absolutely or by way of charge any monies due and payable to it or that
may become due and payable to it under the Contract.
I. Claims, Disputes, and Arbitration
Any claims or disputes regarding this Contract shall be initiated, prepared, submitted, and adjudicated in accordance
with this Article of the Contract.

44.Contractor’s Claims 44.1 If the Contractor considers himself to be entitled to any extension of
the time for completing the Work and/or any additional payment, in
connection with the Contract, the Contractor shall give notice to the Project
Manager, describing the event or circumstance giving rise to the claim.
The notice shall be given as soon as practicable as and not later
than thirty (30) days after the Contractor became aware, or should have
become aware, of the event or circumstance.
If the Contractor fails to give notice of a claim within such period of
thirty (30) days, the time for completing the Work shall not be extended, the
Contractor shall not be entitled to additional payment, and the Owner shall
be discharged and released from all liability in connection with the claim.
The Contractor shall also submit any other notices which are required by the
Contract, and supporting particulars for the claim, all as relevant to such
event or circumstance.
The Contractor shall keep such contemporary records as may be necessary
to substantiate any claim, either on the Site or at another location
acceptable to the Project Manager. Without admitting the Employer’s
liability, the Project Manager may, after receiving any notice under this
Article, monitor the record-keeping and/or instruct the Contractor to keep
further contemporary records. The Contractor shall permit the Project
Manager and the Third Party QA firm to inspect all these records, and shall
(if instructed) submit copies to the Project Manager and the Third Party QA
firm.
Within forty-five (45) days after the Contractor became aware (or should
have become aware) of the event or circumstance giving rise to the claim, or
within such other period as may be proposed by the Contractor and
approved by the Project Manager, the Contractor shall send to the Project
Manager and the Third Party QA firm a fully detailed claim which includes
full supporting particulars of the basis of the claim and of the extension of
time and/or additional payment claimed. If the event or circumstance giving
rise to the claim has a continuing effect:
this fully detailed claim shall be considered as interim;
(ii) the Contractor shall send further interim claims at monthly intervals,
giving the accumulated delay and/or amount claimed, and such further
particulars as the Project Manager may reasonably require; and
(iii) the Contractor shall send a final claim within thirty (30) days after
the end of the effects resulting from the event or circumstance, or within
such other period as may be proposed by the Contractor and approved by
the Project Manager.
Within thirty (60) days after receiving a claim or any further particulars
supporting a previous claim, or within such other period as may be agreed
by both the Project Manager and the Contractor, the Project Manager shall
respond with:
1) a recommendation to the Employer for approval; or
2) recommendation to the Employer for disapproval with detailed
comments.
The Project Manager may also request any necessary further particulars,
but shall nevertheless give his recommendation response to the Employer
on the principles of the claim within the above defined time period. The
Project Manager shall consult with the Third Party QA firm during the

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development of his recommendation on any claim. Any recommendation for

approval by the Project Manager shall include an evaluation of any
additional time and/or additional payment, if such additional time and/or
payment is justified. The Employer shall not be bound by the Project
Manager’s recommendation and shall provide a final decision on the claim
to the Contractor within fifteen (15) days following the receipt of the Project
Manager’s recommendation. Each subsequent Payment Request shall
include such additional payment for any claim that has been substantiated
as due under the relevant provision of the Contract and approved by the
Employer. Unless and until the particulars supplied are sufficient to
substantiate the whole of the claim, the Contractor shall only be entitled to
payment for such part of the claim as he has been able to substantiate to
the satisfaction of the Project Manager and Employer. Any recommendation
of the Project Manager or decision of the Employer concerning a claim,
change request or dispute shall not obligate or otherwise transfer liability to
the Provider of Funds.
If the Project Manager does not respond within the timeframe defined in this
Article, either Party may consider that the claim is rejected by the Project
Manager and any of the Parties may refer it to the Dispute Board in
accordance with the following provisions of this Article 44. The requirements
of this Article are in addition to those of any other section or article of the
Contract which may apply to a claim. If the Contractor fails to comply with
this or another article in relation to any claim, any extension of time and/or
additional payment shall take account of the extent (if any) to which the
failure has prevented or prejudiced proper investigation of the claim.
44.2 Organization of the Dispute Board
Disputes shall be referred to a Dispute Board (DB) for decision in
accordance with Article 44.3 Obtaining Dispute Board’s Decision. The DB
shall be comprised of three qualified persons (“the Members”) and the On-
Budget Monitor serving as a non-voting member, who are employees of the
Provider of Funds. One of the three Members shall serve as the chairman of
the DB. The On-Budget Monitor will manage and monitor the DB for the
Provider of Funds and will assist in gathering information for the DB, support
the DB Members and perform other tasks related to the DB operation as
directed by the Provider of Funds.
The Provider of Funds shall:
appoint the Members;
organize the DB;
provide the names of the Members and the On-Budget Monitor to the
Contractor and Employer; and identify which member is to serve as
chairman, all within thirty (30) days of the Notice to Proceed.
44.3 Obtaining Dispute Board’s Decision
If the Contractor disagrees with the decision of the Project Manager or
Employer regarding a claim or a dispute, the Contractor may refer the
matter in writing to the DB (through the On-Budget Monitor) for its decision,
with copies to the Employer and the Project Manager. The DB shall be
deemed to have received such reference on the date when it is received by
the On-Budget Monitor.
Both Parties shall promptly make available to the DB all such additional
information, further access to the Site, and appropriate facilities, as the DB
may require for the purposes of making a decision on such matters. The DB
shall not act as, or take the place of, arbitrator(s). Within thirty (30) days
after receiving such reference, or within such other period as may be
proposed by the DB and approved by both Parties, the DB shall give its
decision, which shall be in accordance with this provision of the Contract
and the Dispute Board Procedural Rules included in Article 44.5 Dispute
Board Procedural Rules. Parties shall use best efforts to give binding effect

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to the decision, without waiving any future rights to arbitration within the
period described below. Unless the Contract has already been abandoned,
repudiated or terminated, the Contractor shall continue to proceed with the
Works in accordance with the Contract during any dispute resolution
proceeding.
If either Party is dissatisfied with the DB’s decision, then either Party may,
within thirty (30) days after receiving the decision, give notice to the other
Party of its dissatisfaction and intention to commence arbitration. If the DB
fails to give its decision within the period of thirty (30) days (or as otherwise
approved) after receiving such reference, then either Party may, within thirty
(30) days after this period has expired, give notice to the other Party of its
dissatisfaction and intention to commence arbitration. In either event, this
notice of dissatisfaction shall state that it is given under this provision of the
Contract, and shall set out the matter in dispute and the reason(s) for
dissatisfaction. Neither Party shall be entitled to commence arbitration of a
dispute unless such notice of dissatisfaction has been given in accordance
with this provision of the Contract. If the DB has given its decision as to a
matter in dispute to both Parties, and no notice of dissatisfaction has been
given by either Party within thirty (30) days after it has received the DB’s
decision, then the decision shall become final.
44.4. Arbitration
Any dispute not settled amicably and in respect of which the DB’s decision
(if any) has not become final and binding, shall be finally settled by
arbitration. Unless otherwise agreed by both Parties:
Arbitration shall be conducted in accordance with the rules of procedure for
arbitration of the United Nations Commission on International Trade Law
(UNCITRAL) as in force on the date of this Contract,
the place of arbitration shall be Bhopal; India
the arbitration shall be conducted in English.
The arbitrators shall have full power to open up, review, and revise any
certificate, determination, instruction, opinion, or valuation of the Project
Manager, and any decision of the DB, relevant to the dispute. Nothing shall
disqualify representatives of the Parties and the Project Manager from being
called as a witness and giving evidence before the arbitrator(s) on any
matter whatsoever relevant to the dispute. Neither Party shall be limited in
the proceedings before the arbitrator(s) to the evidence nor arguments
previously put before the DB to obtain its decision, or to the reasons for
dissatisfaction given in its notice of dissatisfaction. Any decision of the DB
shall be admissible in evidence in the arbitration. Arbitration may be
commenced prior to, or after, completion of the Works. The obligations of
the Parties, the Project Manager, and the DB shall not be altered by reason
of any arbitration being conducted during the progress of the Works.

44.5 Dispute Board Procedural Rules

The Employer, Project Manager and the Contractor shall furnish to the DB
one copy of all documents which the DB may request, including Contract
documents, progress reports, variation instructions, certificates and other
documents pertinent to the performance of the Contract and the matter
under review. All communications between the DB and the Employer or the
Contractor shall be copied to the other Party.
If any dispute is referred to the DB in accordance with the provisions of the
Contract, the DB shall proceed in accordance with those provisions and
these Rules. Subject to the time allowed to give notice of a decision and
other relevant factors, the DB shall:

act fairly and impartially as between the Employer and the Contractor,
giving each of them a reasonable opportunity of presenting their case and

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responding to the other’s case, and

adopt procedures suitable to the dispute, avoiding unnecessary delay or
expense.
The DB, at its option, may conduct a hearing on the dispute, in which event
it will decide on the date and place for the hearing and may request that
written documentation and arguments from the Employer and the
Contractor be presented to it prior to, or during, the hearing. The DB shall
be under no obligation to conduct a hearing.
Except as otherwise agreed in writing by the Employer and the Contractor,
the DB shall have power to adopt an inquisitorial procedure, to refuse
admission to hearings or audience at hearings to any persons other than
representatives of the Employer, the Contractor and the Project Manager,
and to proceed in the absence of any party who the DB is satisfied received
notice of the hearing; but shall have discretion to decide whether and to
what extend this power may be exercised.
The Employer and the Contractor empower the DB, among other things, to:
establish the procedure to be applied in deciding a dispute,
decide upon the DB’s own jurisdiction, and as to the scope of any dispute
referred to it, conduct any hearing as it thinks fit, not being bound by any
rules or procedures other than those contained in the Contract and these
Rules, take the initiative in ascertaining the facts and matters required for a
decision, make use of its own specialist knowledge, if any, decide upon the
payment of financing charges in accordance with the Contract, decide upon
any provisional relief such as interim or conservatory measures, and open
up, review, and revise any certificate, decision, determination, instruction,
opinion, or valuation of the Project Manager, relevant to the dispute.
The DB shall not express any opinions during any hearing concerning the
merits of any arguments advanced by the Parties. Thereafter, the DB shall
make and give its decision in accordance with Article 44.3, or as otherwise
agreed by the Employer and the Contractor in writing. The DB:
shall convene in private after a hearing, in order to have discussions and
prepare its decision;
shall endeavor to reach a unanimous decision: if this proves impossible the
applicable decision shall be made by a majority of the Members, who may
require the minority Member to prepare a written report for submission to
the Employer and the Contractor; and shall make every effort for its
Members to attend all meetings or hearings. If a Member fails to attend a
meeting or hearing, or to fulfil any required function, the other two Members
may nevertheless proceed to make a decision, unless:
either the Employer or the Contractor do not agree that they do so, or the
absent Member is the chairman and he/she instructs the other members not
to make a decision.
render its decision to the Parties in the most efficient manner possible, both
in time and expense to the Parties and the project.

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Section – 5

SPECIAL CONDITIONS OF CONTRACT

The following special conditions shall be read in conjunction with General conditions of contract. If there are any
provisions in these Special Conditions, which are at variance with the provisions of General Conditions of Contract,
the provisions in the Special Conditions shall take precedence. Where any portion of Special Conditions of Contract
is repugnant to or at variance with any provision of the instructions to Bidder and General Conditions of Contract
and / or the other documents forming part of the contract then unless a different intention appears the provision of
the Special Conditions of Contract shall be deemed to override the provisions of the general conditions of contract
and / or the other documents forming part of the contract only to the extent such repugnant/various in the special
conditions of contract as are not possible of being reconciled with the provisions in the special conditions of contract
as are not possible of being reconciled with the provision with instructions to Bidder or General Conditions of
contract and / or the other documents from part of the contract. The special conditions are supplementary
instructions to the tenders and shall form part of the contract.

1.0 BOQ quantities are tentative and may reduce or increase as per the site requirement or as directed by
SSCL since the project is on Engineering Procurement and construction basis. BOQ rates remain
same for the increase/decrease quantities which will be applicable for next 2 years after the original
contract completion period.

1.1 Drawings provided by SSCL is for tender purpose; Bidder shall provide the detailed drawings for
approval of SSCL release for construction. One the drawings approved, if any deviations found and
correction required then it should be brought to SSCL for rectification.

1.2 All the Charges required for vetting of the designs done by The Contractor by IIT or any other
reputable agency approved by SSCL etc. shall be deemed to have been included in the quoted rates.

1.3 The contractor has to submit sample of the items defined and to be used in the project, the same
to be Approved by SSCL, before use.

1.4 It is percentage rate tender/EPC Tender. For DSR items, bidder should quote percentage above or
below of PAC.

1.5 In case of increase in contract value during the original contract period or during extension as
applicable, bidder shall submit the performance BG as specified for the increased value valid up to
extended contract duration.

1.6 Contractor shall be Responsible to make his own arrangements for supply of power for his use
including area illumination, construction activities, fabrication, without any extra cost to Client.
1.7 Contractor shall make his own arrangements for supply of water and all arrangements for distribution,
storage, use and drainage of the same at his own cost.

1.8 SSCL shall endeavor to provide land out of available land to the Contractor, for the sole purpose of
field office using Contractor’s own container (porta cabin). No land shall be provided for
accommodation of workers/labour.

1.9 The Contractor shall remove all temporary buildings / facilities etc. before leaving the site after
completion of works in all respect. In the event that Contractor fails to clear the site within 3 weeks after
receiving intimation from SSCL to do so, SSCL shall be free to engage the services of any third party
to clear the site at Contractors risk and cost. All expenses incurred on this account shall be recovered
from the Contractor.

1.10 TAXES, DUTIES, ROYALTY, PRICES

Royalty

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All royalties etc., as may be required for any Borrow Areas, including right of way etc. to be arranged
by Contractor shall be deemed to have been included in the quoted prices.
Contractor's quoted rates should include the royalty on different applicable items as per the prevailing
State Government rates.

1.11 Underground and overhead structures

The Contractor will familiarise himself with and obtain information and details from SSCL in respect of
all existing structures, overhead lines, existing pipelines and utilities existing at the job site before
commencing work. The Contractor shall execute the work in such a manner that the said structures,
utilities, pipelines etc. are not disturbed or damaged, and shall indemnify and keep indemnified SSCL
from and against any destruction thereof or damages thereto.
1.12 Electrical Contractor’s License- Bidder or his subcontractor to have valid Electrical License for
executing the project

1.13 Project Review Meeting

The contractor, immediately on award of work shall submit details of his key personnel to be engaged
for the work at site. In addition, he shall furnish the Engineer-in-Charge detailed organogram of his staff
involved with the work.
The Contractor shall present the Programme and status at various review meetings as required
a. Weekly Review Meetings: Shall be attended by Local Team headed by Project - in-
Charge
b. Monthly Review Meetings: Shall be attended by Project-in-Charge and the Management
Representative who can take independent decisions. Agenda Points to cover the
following

1.14 PROJECT OFFICE ACCOMMODATION

FURNISHED OFFICE ACCOMMODATION & MOBILITYCOMMUNICATION TO BE ARRANGED BY
CONTRACTOR on acceptance of tender, the contractor at his own cost will construct a suitably
equipped office at site with basic facilities such as telephone(s), fax, internet, photocopier, computer(s)
and printer(s) along with operator(s), regular electric & drinking water supply and vehicles for the
SSCL‟s staff / Engineer in Charge (EIC) with driver, fuel and maintenance etc. as per the requirement
of the project. The contractor shall maintain the aforesaid facilities intact/operational during the tenancy
of the contract or maximum up to 6 months beyond the stipulated contractual completion date if the
work is delayed due to any reasons. Operation and maintenance cost of all such materials,
equipment’s / services shall be borne by the contractor. The contractor shall also make sufficient
arrangement for photography/video-graphy so that photographs video can be taken of any specific
activity at any point of time. The contractor shall also make arrangement of software like MS Project
etc. for the purpose of preparing progress report etc. The contractor shall make all arrangements for
ground breaking ceremony/inaugural function etc. for the project as required and the cost towards it
deemed to be included in his rates/offer. Any expenditure already incurred/to be incurred by SSCL,
shall be recovered from the contractor

1.15 RECOMMENDED MAKES OF MATERIALS

A list of recommended makes of materials is as per Tender document. If ISI marked product/material
is not available, the same shall be as approved by the Engineer-in-Charge before execution.
In case of natural products such as Kota stone, Marble, Granite etc., the stones used shall be of
premium grade and they shall be homogenous in colour with consistency in pattern, texture, tone,
marking and colour. No discoloration, spots, fissures or cracks and pocked surfaces shall be allowed.

1.16 COMPLETION CERTIFICATES/ NOC FROM LOCAL STATUTORY BODIES

Contractor has to arrange at his own cost building/ work completion certificates or NOCs if required to
be obtained, from the local statutory bodies of central and state govt. such as Municipal Corporation,
electrical, safety, Fire authority, Chief Controller of Explosives (CCOE) etc. Any fees required for
obtaining such NOCs shall be paid by SSCL on production of relevant depository challans/ receipts
from such Govt. authorities. Initial building approval drawings shall be made available by SSCL
The inspection of the works by the authorities shall be arranged by the Contractor and necessary co-
ordination and liaison work in this respect shall be the responsibility of the Contractor.

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1.17 TOOLS, PLANTS AND MACHINERY

The Contractor shall provide and install at site adequate T&P for construction of the Project Works.
The deployment of T&P shall be planned as per work requirement to suit the nature, quantum and
speed of the work for lifting/hoisting construction materials/equipment etc.
The T&P shall be maintained in good working condition throughout the progress of work.
All adequate precaution regarding formal upkeep of valid Statutory/Safety credentials of major
construction equipment as directed by SSCL, their installation, operation, maintenance, materials etc.,
shall be taken care of.
The operating staff to be deployed shall be properly qualified and adequately trained and experienced.
All safety precautions shall be taken during the project duration, against possible accident. The
Contractor shall deploy his representative to effectively enforce the safety rules and regulations in this
regard. The contractor shall deploy all necessary tools and plants as per the requirement of the work.

1.18 INTERFERENCE WITH TRAFFIC AND ADJOINING PROPERTIES/ BUILDINGS

In case any operation connected with the Works requires temporary diversion of the traffic, or
obstruction or closure of any road, or any other „right of way‟, the approval of SSCL and the respective
competent authorities shall be obtained at least one week in advance. The Contractor shall at all times
during execution of the Works, ensure an uninterrupted flow of traffic around the plot so as not to
cause any nuisance to the general public. If in order to avoid undue interference with the traffic and
adjoining properties, SSCL instructs the Contractor to take special precautions or work within restricted
time periods; the Contractor shall carry out the Works during such time and in such manner as directed
by SSCL.

It shall be the responsibility of BIDDER to co-ordinate with traffic authority, Railways, MPRDC, M.P.
State Electricity Board, Telephone authority, various authorities including Public Health Engineering,
Water resource Department, Forest and MPPCB for obtaining necessary permissions regarding
crossing of road/railway tracks, shift of various types of public utilities like existing pipe line, sewer line,
HT/LT cable etc. as may be required for the due fulfillment of the obligations under this contract. Sagar
Smart City Limited shall deposit all charges including charges for Electric Connection, Crossing of
Railway and Road way etc. as may be necessary for seeking required permissions from different
authorities but it shall be the primary responsibility of the contractor/firm to pursue with various
authorities and obtain the permissions at the earliest. If as a result of excavation of trenches the
underground services such as water main electric telephones cable, sewer lines become naked and
unsupported it shall be the responsibility of the contractor to make suitable and necessary arrangement
as per direction of the Engineer-in-Charge for their protection and no extra payment on this account
will be made to the contractor. Any damages caused to the above mentioned underground services
due to negligence of the contractor or otherwise the same shall be made good by the contractor at his
own cost.

1.19 LIGHTING & WATCH AND WARD:

The contractor shall at his own cost take all precautions to ensure safety of life and property by
providing necessary barriers, area lighting at the construction site and approaches, watchmen,
necessary watch towers etc. during progress of work at all hours including night hours, if required, as
directed by the Engineer-in-charge.

The Contractor shall be responsible for the watch and ward of the all construction premises and
buildings, safety of all fittings and fixtures including sanitary and water supply fittings and fixtures
provided by him against pilferage and breakage during the period of installation till handing over of all
the works to SSCL.

1.20 Monthly Bills of Contractor

Contractor shall submit Monthly bills for the work Executed. Minimum amount of such bills shall not be
less than 5 % of Contract value.

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1.21 Payment Schedule:

Following payment schedule to be followed
Tentative Payment Break up Schedule
Sr.no Item Percentage Remark
Description
A SOR Items
1 90% payment shall be made on pro-rata basis against 90% Monthly Bills for Works
executed quantity and certification from Employer Completed and approved by
2 10% payment shall be made on Handing Over of the 10% SSCL
Entire Project
B Supply of Materials (Non SoR items)
1 Supply & Delivery of Materials at Sagar for Smart Road 70%
system Components (after receipt of invoice and shipping
documents)
2 Installation Testing and commissioning of the Smart Road 20%
system Components
3 Handing Over of the Entire Project 10%
TOTAL 100%
C All other works of Non SoR items
1 90% payment shall be made on pro-rata basis against 90%
executed quantity and certification from Employer

2 10% payment shall be made on Handing Over of the 10%

Entire Project

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1.22 Time period of the Project

Entire project should be completed and delivered within Eighteen (18) Months of time from the date of award of
contract that includes Monsoon.
The time allowed for carrying out the work as entered in the Tender shall be strictly observed by the Contractor
and shall be reckoned from the date on which the Letter of Acceptance is given to the Contractor. The work shall
throughout the stipulated period of the Contract be proceeded with all due diligence as time being deemed to be the
essence of the contract on the part of the Contractor.

1.23 The Contractor should complete the physical work as far as possible as per phase given below:
Milestones during the Construction period to be achieved , Progress Benchmarking
for PMC Monitoring purpose
1st Quarter 15% at end of 1st Quarter
2nd Quarter 25% at end of 2nd Quarter
3rd Quarter 50% at end of 3rd Quarter
4th Quarter 75% at end of 4 th Quarter
5 th Quarter 90% at end of 5th Quarter
6 th Quarter 100% at end of 6th Quarter

The program for completion of work shall be a part of the Contract Document in the form of Bar Chart / GANTT
Chart. The Contractor is supposed to carry out the work and keep the progress as per Bar Chart/GANTT Chart. The
Contractor shall complete the work as per the Schedule given in the Contract and the program submitted by the
Contractor.

1.24 Contract Execution

In the event of the contractor failing or neglecting to complete the rectification work within the period up to which the
contractor has agreed to maintain the work in good order, the amount of security deposit retained by SSCL shall be
adjusted towards the excess cost incurred by the Department on rectification work.

1.25 Action when whole of security deposit/Retention Money is forfeited:

In any case in which under any Clause of this contract, the contractor shall have rendered himself liable to pay
compensation amounting to the whole of this security deposit whether paid in one sum or deducted by installments
or in the case of abandonment of the work owning to serious illness or death of the contractor or any other cause,
the Engineer-in-Charge shall have power to adopt any of the following process, as he may deem best suited to the
interest of SSCL -
a.To rescind the contract (for which recession notice in writing to the contractor shall be conclusive evidence)
and in that case, the security deposit of the contract shall stand forfeited and be absolutely at the disposal of
SSCL .
b.To carry out the work or any part of the work departmentally debiting the contractor with the cost of the
work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost
of work-charged establishment employed for getting the un-executed part of the work completed and
crediting him with the value of the work done departmentally in all respects in the same manner and at the
same rates as if it had been carried out by the contractor under the terms of his contract. The
certificate of the Engineer - in - Charg e as to the costs and other allied expenses so incurred and as to the
value of the work so done departmentally shall be final and conclusive against the contractor.

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c. To order that the work of the contractor be measured up and to take such part thereof as shall be un-
executed out of his hands, and to give it to another contractor to complete, in which case all expenses
incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost
of work charged establishment and the cost of the work executed by the new contract agency will be
debited to the contractor and the value of the work done or executed through the new contractor shall be
credited to the contractor in all respects and in the same manner and at the same rates as if it had been
carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to all
the cost of the work and other expenses incurred as aforesaid for or in getting the n-executed work done by
the new contractor and as to the value of the work so done shall be final and conclusive against the
contractor.

d. In case the contract shall be rescinded under Clause (a) above, the contractor shall not be entitled to recover
or be paid any sum for any work there for actually performed by him under this contract unless and until the
Executive Engineer shall have certified in writing the performance of such work and the amount payable to
him in respect thereof and he shall only be entitled to be paid the amount so certified. In the event of either
of the courses referred to in Clause (b) or (c) being adopted and the cost of the work executed
departmentally or through a new contractor and other allied expenses exceeding the value of such work
credited to the contractors amount of excess shall be deducted from any money due to the contractor, by
SSCL under the contract or otherwise, howsoever, or from his security deposit or the sale proceeds thereof
provided, however, the contractor shall have no claim against SSCL even if the certified value of the work
done departmentally or through a new contractor exceeds the certified cost of such work and allied expenses,
provided always that whichever of the three courses mentioned in clauses (a), (b) or
(c) is adopted by the Executive Engineer, the contractor shall have no claim to compensation for any loss
sustained by him by reason of his having purchase or procured any materials or entered in to any
engagements or made any advance on account of or with a view to the execution of the work or the
performance of the contract.

e.Contract may be rescinded and security deposit forfeited for bribing a public officer or if contractor becomes
insolvent

1.26 If the contractor assigns or sublets his contracts or attempt so to do, or become insolvent or commence any
proceeding to get himself adjudicated and insolvent or make any composition with his creditors, or attempt
so to do or if bribe, gratuity, gift, loan, perquisite, reward or advantage, pecuniary or otherwise, shall either
directly or indirectly be given promised or offered by the contractor or any of his servants or agents through
any public officer, or person in the employ of SSCL /Govt.

1.27 in any way relating to his office or employment, or if any such officer or person shall become in any way
directly or indirectly interested in the contract the Engineer In-charge may thereupon, by notice in writing
rescind the contract and the Security Deposit of the Contractor shall thereupon stand forfeited and be
absolutely at the disposal of SSCL and the same consequences shall ensure as if the contract had been
rescinded under above clause J hereof; and in addition the contractor shall not be entitled to recover or be
paid for any work therefore actually performed.
1.28 The Performance Guarantee and Security Deposit -Details as per the Contract Data

1.29 Drawing: All Drawings/Layout plans given in Section 7 are for reference or guidance purpose only. The Bidder
will submit the detailed construction plan of construction of Smart road Project within 15 days from date of
issuing work order. The same shall be reviewed and approved by Engineer – In charge of SSCL or through
other agency approved by SSCL. This 15 days’ period is included in stipulated time for construction.
Construction of Smart road Project shall be carried out as per the approved drawings provided by SSCL.

1.30 Data to be furnished by the Bidder: The Bidder shall submit the following information to the Engineer-in-
charge.

a. Proposed constructions Programme and time schedule showing sequence of operations within 15
days of receipt of notice to proceed with the work in pursuance of the conditions of contract.

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b. Action when the progress of any crucial item of work is unsatisfactory: If the progress of a crucial
item of work, which is important for timely completion of work is unsatisfactory, the Engineer-in-
charge shall not withstanding that the general progress of work is satisfactory, after giving the Bidder
15 days‟ notice in writing get the said work executed by employing other means including other
labour / Bidder etc. and the Bidder will have no claim for compensation for any loss sustained by
him owing to such action.

1.31 Inspection and Tests: Except as otherwise provided in here of all material and workmanship if not otherwise
designated by the specifications shall be subject to inspection, examination and test by the Engineer-in-
Charge at any and all times during manufacture and/or construction and at any/all places where such
manufacture or constructions are carried on. The Engineer-in charge shall have the right to reject defective
materials and workmanship or require its corrections. Rejected workmanship shall be satisfactorily replaced
with the proper material without charge thereof and the Bidder shall properly segregate and remove the
rejected material from the premises. If the Bidder fails to proceed at once with the replacement of the rejected
material and/or the construction of defective workmanship the Engineer-in charge may replace such material
and/or correct such workmanship and charge the cost thereof to the Bidder.

1.32 Removal of temporary work, Plant & Surplus materials: Prior to final acceptance of the completed work, but
excepting as otherwise expressly directed or permitted in writing, the Bidder shall, at his own expenses
remove from the site and dispose of all the temporary structures including buildings, all plant and surplus
materials, and all rubbish and debris for which he is responsible to the satisfaction of Engineer -in-Charge.

1.33 Possession prior to completion: The Engineer-in-Charge shall have the right to take possession of or use any
completed part of the work. Such possession or use shall not be deemed as an acceptance of any work not
completed in accordance with the contract.

1.34 Damage to works: The works whether fully completed or incomplete, all the materials, machinery, plants, tools,
temporary building and other things connected there with shall remain at the risk and in the sole charge of the
Bidder until the completed work has been delivered to the Engineer-in- Charge and till completion certificate
has been obtained from the Engineer in- charge. Until such delivery of the completed work, the Bidder shall at
his own cost take all precautions reasonably to keep all the aforesaid works, materials, machinery, plants,
temporary buildings and other things connected there with free from any loss, damages and in the event of the
same or any part there of being lost or damaged, he shall forthwith reinstate and make good such loss or
damages at his own cost.

1.35 Examination and tests on completions: On the completion of the work and not later than three months
thereafter, the Engineer-in-charge shall make such examination and tests of the work as may then seem to
him to be possible, necessary or desirable, and the Bidder shall furnish free of cost any materials and labour
which may be necessary thereof and shall facilitate in every way all operations required by the Engineer-in-
Charge, in making examination and tests.

1.36 Climatic Conditions: The Engineer-in-Charge may order the Bidder to suspend any work that may be subject to
damage by climatic conditions and no claims of the Bidder will be entertained by the department on this
account.

1.37 As per the Ministry of Environment and Forest Guidelines 2010 and Ministry of Urban Development
notifications, the Site area shall be protected from dust by fixing Green Fencing around the Construction site
area.
The Contractor is instructed to strictly adhere to the following at his own cost.
a) Supply and Fixing Green barriers and wind breaking walls around their sites.
b) Cover tarpaulin on scaffolding around area of construction,
c) Do not store construction material, particularly sand, on any part of the street, roads in any colony,
d) Cordon the work area with proper fencing by other means with due consideration of safety of workers,
public, etc.

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e) Dust emissions from construction site are controlled.

f) Sprinklers should be compulsorily used at the site and Wet jets in grinding and stone cutting must be
used.
g) The work area shall be well illuminated during nights.
1.38 Safety regulations: While carrying out this work, the Bidder will ensure compliance of all safety regulations as
provided in the Safety Code. The bidder will be responsible for safety of the works. separate details on Safety,
Environment, Health and Safety Refer

1.39 Interference with other Bidders: The Bidder must not interfere with other Bidders who may be employed
simultaneously or otherwise by the department at the Site. He will at no time engage departmental labour or
that of other Bidders without the written permission of the Engineer-in-Charge. Bidder is fully responsible for
cause of damages of the adjoining works of different works at site and the same cost of rectification of
damages shall be recovered from the Bidder as per Engineer In-charge instructions.
1.40 Regulations and bye laws: The Bidder shall conform to the regulations, bye-laws any other statutory rules
made by any local authorities or by the Government and shall protect and indemnify SSCL, against any claim
or liability arising from or based on the violation of any such laws, safety, theft, ordinance, regulation, orders,
decrees etc.
1.41 Site Order Book: A site order book shall be kept in the departmental office at the site of the work. As far as
possible all orders regarding the works are to be entered in this book. All entries therein shall be signed by the
departmental officers in direct charge of the work and the Bidder or his representatives. In the important cases
the CEO or TA/GM/DGM of SSCL will countersign the entries which shall except with the written permission of
the TA and the Bidders or his representative shall be bound to take note of all instructions meant for the Bidder
as entered in the site order book without having to be called for separately to note them. The Engineer-in-
charge shall submit periodically copies of the remarks of the site order book to the CEO, SSCL for record and to
the Bidder for compliance and report.
1.42 Conversion of units: Whenever in the contract agreement dimensions and units have been expressed in
F.P.S. system, the same will be converted in to metric system units by applying the standard conversion table
of Indian Standard Institution so as to derive the corresponding figure arithmetically and the Bidder will have to
accept the figures so derived without any claim or compensation whatsoever.
1.43 ADVANCES TO BIDDERS:
Mobilization Advances: Mobilization advance not exceeding 10% of the tender value whichever is less may
be given with the approval of the competent authority, if requested by the contractor in writing within one month
of the order to commence the work. In such advance, the contractor shall submit a Bank Guarantee Bond from
nationalized/ Schedule Bank situated in Sagar for the 110% of the Advance amount of such advance being
released valid for 28 days beyond the contract period. Interest on mobilization advance shall be levied as per
the Government Notification and as amended prior to conclusion of this agreement.

This advance shall be paid in three installments as follows:

1st first installment of 50 (fifty) percent of total mobilization advance shall be paid after the agreement is signed
and upon submission of performance guarantee for full amount as specified.
2nd installment of 25 (twenty-five) percent of total mobilization advance will be paid after the setting up of site
office and site laboratory, complete mobilization of plant and machinery, scaffolding & shuttering materials etc.
3rd and the balance 25 (twenty-five) percent of total mobilization advance shall be paid on completion of 10%
of work in terms of cost and after the contractor has fully mobilized the work at site.

The amount of mobilization advance, if paid to the bidder, shall be recovered from each Running Account Bill
payable to the contractor for this work so that the entire amount is recovered before completion of 60% of the
Contract value. In case of any difficulty in recovering the advance, it shall be recovered from the Bank
guarantees given by the contractor. The Contractor may, at his option, repay the advance earlier by increasing
the percentage rate of deductions indicated above.

There will not be any Secured amount paid to the bidder

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1.44 Escalation: No claim on account of any escalation on whatsoever ground shall be entertained at any stage of
works. All rates as per Bill of Quantities (BOQ) quoted by contractor shall be firm and fixed for entire contract
period as well as extended period for completion of the works. No escalation shall be applicable on this
contract.
1.45 The Bidder must extensively coordinate with SSCL and its Technical Consultant(PMC) during all stage of the
project. The successful bidder shall obtain written approvals from SSCL at all stages, before commencing
work on any particular stage of work. During the construction phase, after completion of any particular
stage/phase of works and before commencing work on the next stage/phase of work, the successful bidder
shall obtain written approval on the completed works/phase from SSCL, before commencing work on the next
stage/phase of works.
1.46 Bidder shall not commence any work under the scope of works under this bid/contract before obtaining the
said written approval from the Authority.
1.47 The SSCL has full power to require the removal from the premises of all materials which, in his opinion, are
not in accordance with the specification and in case of default, the Engineer-in- charge is to be at liberty to
employ other persons to remove the same without being answerable or accountable for any loss or damage
that may happen or arise to such materials.
The Engineer-in-charge is also to have full power to substitute other improper materials to be substituted and
in case of default, the Engineer-in-charge may cause the same to be supplied and all costs which may arise
due to such removal and substitution are to be borne by the Bidder (s).
1.48 The SSCL reserves the power to send workmen upon the premises to execute fittings and other works not
included in the Contract for whose operation Bidder (s) is/are to afford every reasonable facility during
ordinary working hours, provided that such operation shall be carried on in such manner as not to impede the
progress of the work included in the contract but the Bidder(s) is/are not to be held responsible for any
damage which may happen to or be occasioned by any such fittings or other works.
1.49 Defect Liability Period (DLP): DLP is for 3 (Three) year period from the date of acceptance of the Smart
Road project. If any manufacturing defects / Poor workmanship are found during the Defect Liability Period
(DLP), then the contractor shall be liable for repair/ replacement of the same at his own cost. The Bidder shall
carryout all necessary rectifications of defects noticed, caused due to any reasons at his own cost within such
reasonable period as mentioned in such communication notice from the Engineer-in-Charge, SSCL to him.
a. Failure of Bidder to rectify the defects properly in the given period shall be open for the Engineer-
In-Charge, SSCL to get the defect(s) rectified either departmentally or through other agency
(Without calling any tender / Quotation) and recover the actual cost plus 15 % (Fifteen per cent) of
such cost from the Bidder from any sum, in any form available with the department.
b. The Bidder shall be liable for replacement of defective work up to the time of completion of DLP in
accordance with the conditions of contract of all work to be done under the contract. The Bidder
shall furnish promptly without additional charge all facilities, labour and material necessary for the
safe and convenient inspection and tests that may be required by the Engineer-in-Charge. All
inspections and tests by the departments shall be performed in such a manner as to not
unnecessarily delay the work. Special full size and performance test shall be charged with any
additional cost of inspection when materials and workmanship are not kept ready by the Bidder at
the time of inspection.

1.50 Liquidated damages - For Delay in completion of work by the Bidder, the Engineer-In-Charge have full power
to recover penalty in following manners: -
For Delay Period the Penalty will be calculated @ 0.01% Per Day of delay beyond the Contract Period. Total
Penalty limited to maximum to 10% of Contract Value.
1.51 Death or permanent invalidity of Bidder: - if the Bidder is an individual or a proprietary concern or a
partnership concern, dies during the currency of the contract or becomes permanently incapacitated, and
where the surviving partners are only minors, the contract shall be closed without levying any damages/
compensation as provided in the contract agreement. However, if competent authority is satisfied about the
competence of the surviving Partner[s], then the competent authority Engineer - in - charge shall enter into a
fresh agreement for the remaining work strictly on the same terms and condition under which the contract was
awarded.

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1.52 Project Management Consultancy’s (PMC) role in the implementation of the contract. As per the terms of
reference of consultancy contract entered between PMC and SSCL, PMC shall be representing as employer’s
authorized representative of SSCL (“employer”/ “owner”/” authority”) and shall carryout the works in providing
implementation assistance and quality control services, which includes:

a.
Preparation of Implementation Plan with roles and responsibilities of each of the stake holders
b.
Acting as an early warning system for the ULB/SPV/SLNA.
c.
Contract management, progress monitoring & reporting.
Scrutinize and supervise the Contractor’s detailed work program and guide the contractor in
d.
preparation supervision schedule & work plan for each sub-project.
e. Scrutinize and supervise construction method proposed by contract including environmental
safety, personnel & public issues.
f. Assess the adequacy of the contractors input in material, labor and construction methodology
and provide advisories when required.
g. Monitor the implementation of environmental standards and safeguards and resettlement
plans, if any.
h. Establish and monitor Quality assurance implementation ∕system including verification of
source of material and certification.
i. Assist SSCL for day to day construction supervision, contract administration, recording
measurements, quality control, processing & certifying bills for payment release etc.
j. Assistance for resolution of all contractual issues including examining the contractors claims
for variations/extensions or additional compensations etc and prepare recommendations for
approval by the Employer.
k. Assist third party inspections, if necessary, as decided by the Employer. Proof checking &
issuance for execution of contractor’s design and drawing for lump sum turnkey contracts.
l. Review and finalize the “as built” drawings submitted by Contractor
m. Assist the Employer in issue of completion certificates Prepare monthly project progress
reports describing the physical and financial progress of each subprojects, highlighting
impediments to the quality and progress of the works and remedial accounts.
1.53 Insurance Requirements
(A) Insurances To Be Taken Out By The Contractor
In accordance with the provisions of GCC Clause 34, the Contractor shall at its expense take out and maintain
in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the
insurances set forth below in the sums and with the deductibles and other conditions specified. The identity of
the insurers and the form of the policies shall be subject to the approval of the Employer, such approval not to
be unreasonably withheld.
(a) Cargo Insurance
Covering loss or damage occurring, while in transit from the supplier’s or manufacturer’s works or stores until
arrival at the Site, to the Facilities (including spare parts therefore) and to the construction equipment to be
provided by the Contractor or its Subcontractors.
Amount Deductible limits Parties insured From To
[in currency(ies)] [in currency(ies)] [names] [place] [place]
110% of the total value of
Contractor & Ex-works
Schedule 2 of both lines Nil DABS site
Employer point

(b) Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site, occurring prior to completion of the Facilities,
with an extended maintenance coverage for the Contractor’s liability in respect of any loss or damage
occurring during the defect liability period while the Contractor is on the Site for the purpose of performing its
obligations during the defect liability period.

Amount Deductible limits Parties insured From To

[in currency(ies)] [in currency(ies)] [names] [place] [place]
110% of Total value Nil Contractor and Effective Operational
of Contract Employer Date Acceptance

SSCL/2019 -20/XXX Page 142 of 170

50% of Total value of Nil Contractor and Operational End of

Contract Employer Acceptance defects
liability
period
(c) Third Party Liability Insurance
Covering bodily injury or death suffered by third parties (including the Employer’s personnel) and loss of or
damage to property (including the Employer’s property and any parts of the Facilities that have been
accepted by the Employer) occurring in connection with the supply and installation of the Facilities.
Amount Deductible limits Parties insured From To
[in currency(ies)] [in currency(ies)] [names] [place] [place]
INR 5,00,000.00 Nil Contractor Commencement Defect
Employees of Works Liability
Period
INR 5,00,000.00 Nil Third Party Commence of Defect
Personnel Works Liability
Period
INR 5,00,000.00 Nil Employers Commence of Defect
Property Works Liability
Period

(d) Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its Subcontractors (whether or not owned by them) in
connection with the supply and installation of the Facilities. Comprehensive insurance in accordance with
statutory requirements.
(e) Workers’ Compensation
In accordance with the statutory requirements applicable as per the Madhya Pradesh Government
compensation policy.
The Employer shall be named as co-insured under all insurance policies taken out by the Contractor
pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers’ Compensation and
Employer’s Liability Insurances, and the Contractor’s Subcontractors shall be named as co-insureds under all
insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Cargo,
Workers’ Compensation and Employer’s Liability Insurances. All insurer’s rights of subrogation against such
co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such
policies.
1.54 Site Order Book
A site order book shall be kept at the Employer's office on the site of the work. As far as possible all orders
regarding the works are to be entered in this book. All entries therein shall be signed by the Engineer on his
representative and the contractor or his authorized representative. In important cases the Engineer will
countersign the entries which have been made. The site order book shall not be removed from the work site
except with written permission of the Engineer and the Contractor or his representative shall be bound to take
note of all instructions and directions meant for the Contractor as entered in the site order book without
having to be called on separately to note them. The Engineer shall submit periodically copies of the remarks
in the site order book to the Employer for record and to the contractor for submitting compliance report.
1.55 Design and Drawings

(1) Bidder shall carryout detail survey and investigations (including soil test, Axle Load survey, Traffic and
utility survey) as may be required for preparation of detail designs and drawings.
(2) The detailed design and drawing shall be prepared by Contractor and submitted to Government
Engineering College for examination through CEO (SSCL) and the observations made by the examining
institute shall be duly incorporated by Contractor without any claims what so ever in this regard.
Thereafter the drawing duly vetted by engineering college shall be submitted to CEO/Engineer in Charge
for final approvals.
(3) The approved drawings shall remain in the sole custody of the Engineer. The Contractor shall obtain
and make at his own expense any further copies required by him. At the completion of the contract the
Contractor shall return to the Engineer all Drawings provided under the Contract.

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(4)One copy of the Drawings furnished to the Contractor as aforesaid, shall be kept by the Contractor on
the site and the same shall at all reasonable times be available for inspection and use by the Engineer
and the Engineer's Representative and by any other person authorized by the Engineer in writing.
1.56 The project is Design, Construction of Roads, Culverts, sidewalks, MEP works, PHE works, Landscaping, Multi
duct on Smart Road Concepts for ABD area under Sagar Smart City Limited. The smart Road project is not
envisaging any Operation & Maintenance activities. However, after installation, Commissioning of the
Systems where ever required are to be completed as per the standard Industry Practice, complete project will
be handed over to the SSCL or to their designated Authorities for further operation & Maintenance as
required.

SPECIAL CONDITIONS OF CONTRACT- ANNEXURE- “A”

MODEL RULES RELATING TO LABOUR, WATER SUPPLY AND SANITATION IN LABOUR CAMPS
Note: These model rules are intended primarily for labour camps which are not of a permanent nature. They lay
down the minimum desirable standard which should be adhered to Standards in Permanent or semi-permanent
labour camps should not obviously be lower than those for temporary camps.
1. Location: The camp should be located in elevated and well drained ground in the locality.
2. Labour: Huts are to be constructed for one family of 05 persons each. The layout is to be shown in the prescribed
sketch.
3. Hut line: The huts to be built of local materials. Each hut should provide at least 20 Sqm. of living space.
4. Sanitary facilities: There shall be provision of latrines and urinals at least 15 M away from the nearest
quarter separately, for men and women specially so marked.
5. Latrines: Pit provided at the rate of 10 users or three families per set. Separate Urinals as required as the privy
can also be used for this purpose.
6. Drinking water: Adequate arrangement shall be made for the supply of drinking water. If practicable, filtered and
chlorinated supply shall be arranged. Where supply is from intermittent sources, an overhead covered storage tank
shall be provided with a capacity of five liters per person per day. Where the supply is to be made from a well it shall
confirm to the sanitary standards laid down in the report of the Rural Sanitation Committee. The well should be at
least 30 meters away from any latrine or other sources of pollution. If possible a hand pump should be installed for
drawing the water from well. The well should be effectively disinfected once every month and quality of water should
be got tested at Public Health institution between each work of disinfection. Washing and bathing should be strictly
prohibited at places where water supply is from a river. The daily supply must be disinfected. In the storage reservoir
and given at least 3 minutes’ contact with the disinfectant before it is drawn for use.
7. Bathing and Washing: Separate bathing and washing place shall be provided for men and women for every 25
persons in the camp. There shall be a gap and space of 2 Sqm. for washing and bathing. Proper drainage for waste
water should be provided.
8. Waste disposal: Dustbins shall be provided at suitably place in camp and the residents shall be directed to throw
all rubbish into these dustbins. The dustbins shall be provided with covers. The contents shall be removed every day
and disposed of by trenching or through Municipal solid waste disposal system, if the same exists.
9. Medical facilities.
a) Every camp where 1000 or more persons reside shall be provided with full time doctor and dispensary. If there
are women in the camp a full time nurse shall be employed.
b) Every camp where less than 1000 but more than 250 persons reside shall be provided with dispensary and a part
time nurse/midwife shall also be employed.
c) If there are less than 250 persons in any camp a first aid kit shall be maintained by the in- charge of the whole
time persons. All medical facilities mentioned above shall be for all residents in the camp, including a dependent of
the workers, if any, free of cost. Sanitary Staff: For each labour camp there should be qualified sanitary Inspector &
Sweepers should be provided in the following scale:
1. For Camps with strength over 200 One Sweeper for every 75 persons but not exceeding 500 persons above the
first 200 for which three sweepers should be provided.
2. For camps with strength over 500 One sweeper for every 100 persons above the first 500 for which six Sweepers
should be provided.

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SPECIAL CONDITIONS OF CONTRACT- ANNEXURE- “B”

BIDDER’S LABOUR REGULATIONS.

The Bidder shall pay not less than fair wage to Labourers engaged by him in the work.

Explanation:

a) “Fair Wages” means wages whether for time or piece work as notified at the time of inviting tenders for the works
and where such wages have not been so notified the wages prescribed by the Labour Department for the division in
which the work is done.

b) The Bidder shall, notwithstanding the provisions of any contract to the contrary, cause to be paid a fair wage to
labourers indirectly engaged on the work including any labour engaged by his sub-Bidders in connection with the
said work as if labourers had been immediately employed by him.

c) In respect of all labour directly or indirectly employed on the works on the performance of his contract, the Bidder
shall comply with their cause to be complied with the labour act in force.

d) The Chief Executive Officer shall have the right to reduce from the money due to the Bidder any sum required or
estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfilment of the
conditions of the contract for the benefit of the workers, non-payment of wages or the deductions made from his or
their wages, which are not justified by the terms of the contract or non-observance of regulations.

e) The Bidder shall be primarily liable for all payments to be made under and for the observance of the regulations
aforesaid without prejudice to his right to claim indemnity from his sub-Bidders.

f) The regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to
be breach of this contract.

g) The Bidder shall obtain a valid license under the contract (Regulations and Abolition) Act in force and rules made
there under by the competent authority from time to time before commencement of work and continue to have a
valid license until the completion of the work. Any failure to fulfil this requirement shall attract the penal provisions of
this contract arising out of the resulted non-execution of the work assigned to the Bidder.

A. LABOUR SAFETY, HEALTH AND REGULATIONS INCLUDING FORMS

1. LABOUR SAFETY PROVISIONS

Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground,
or from solid construction except such short period work as can be done safely from ladders. When a ladder
is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying
materials as well, suitable footholds and hand holds shall be provided on the ladder and the ladder shall be
given an inclination not steeper than ¼ to 1 (1/4 horizontal and 1 vertical).
Scaffolding or staging more than 3.6m (12 feet) above the ground or floor, swung or suspended from an
overhead support or erected with stationery support shall have a guard rail properly attached or bolted,
braced and otherwise secured at least 90 cm. (3 feet) high above the floor or platform of such scaffolding or
staging and extending along the entire length of the outside and ends thereof with only such opening as may
be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it
from swaying from the building or structure.

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Working platforms, gangways, and stairways should be so constructed that they should not sag unduly or
unequally, and if the height of the platform or the gangway or the stairway is more that 3.6m (12 feet) above
ground level or floor level, they should be closely boarded, should have adequate width & should be suitable
fastened as described in (2.0) above.
Every opening in the floor of a building or in a working platform shall be provided with suitable means to
prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall
be 90 cm (3 feet).

Safe means of access shall be provided to all working platforms and other working places. Every ladder shall
be securely fixed. No portable single ladder shall be over 9m. (30 feet) in length while the width between side
rails in rung ladder shall in no case be less than 29 cm. (11.5”) for ladder up to and including 3m (10 feet) in
length. For longer ladders this width should be increased at least 1/4" for each additional 30 cm (1 ft.) Of
length. Uniform step spacing shall not exceed 30 cm (12"). Adequate precautions shall be taken to prevent
danger from electrical equipment. No materials on any of the sites of the work shall be so stacked or placed
as to cause danger or inconvenience to any person or the public. The contractor shall provide all necessary
fencing and lights to protect the public from accident, and shall be bound to bear the expenses of defense of
every suit, action or other proceeding at law that may be brought by any person for injury sustained owing to
neglect of the above precautions and to pay any damages and cost which may be awarded in any such suit,
action or proceedings to any such person or which may, with the consent of the contractor, be paid to
compensate any claim by any such person.
2. EXCAVATION AND TRENCHING
All trenches, 1.2 mts.(four feet) or more in depth, shall at all times be supplied with at least one ladder for
each 30m.(100 feet) in length or fraction thereof, ladder shall be extended from bottom of the trench to at
least 90cm (3feet) above the surface of the ground. The side of the trenches, which are 1.5 m. (5feet) or
more in depth shall be stepped back to give suitable slope or securely held by timber bracing, so as to avoid
the danger or sides to collapsing. The excavated materials shall not be placed within 1.5m (5 feet) of the
edges of the trench or half of the depth of the trench whichever is more.
Cutting shall be done from top to bottom. Under no circumstances undermining or undercutting shall be
done.
Demolition - before any demolition work is commenced and also during the progress of the work following
precautions shall be observed:
All roads and open areas adjacent to the work site shall either be closed or suitably protected.
No electric cable or apparatus which is likely to be a source of danger or a cable or apparatus used by the
operator shall remain electrically charged.
All practical steps shall be taken to prevent danger to persons employed from risk or fire or explosion or
flooding. No floor, roof or other part of the building shall be overloaded with debris or materials as to render it
unsafe.
All necessary personal safety equipment’s as considered adequate by the engineer-in- charge should be
kept available for the use of persons employed on the site and maintained in a condition suitable for
immediate use, and the contractor should take adequate step to ensure proper use of equipment by those
concerned. The following safety equipment shall be invariably provided.
Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided with protective
footwear and protective goggles.
Those engaged in white washing and mixing or stacking of cement bags or any materials which are injurious
to the eye shall be provided with protective goggles.
Those engaged in welding works shall be provided with welder’s protective eye shields.
Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently
safe interval.

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When workers are employed for works in sewers and manholes, which are in active use, the contractors
shall ensure that the manhole covers are opened and ventilated at-least for an hour before the workers are
allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable railing and
provided with warning signals or boards to prevent accident the public. In addition, the contractor shall
ensure that the following safety measures are adhered to:
Entry for workers into the sewer line shall not be allowed except under supervision of the je or any other
higher officer.
At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to 3 hours before any
man is allowed to enter into the manholes for working inside.
Before entry, presence of toxic gases should be tested by inserting wet lead acetate paper which changes
color in the presence of such gases and gives indication of their presence. Presence of oxygen should be
verified by lowering a detector lamp into the manhole. In case, no oxygen is found inside the sewer line,
workers should be sent only with oxygen kit.
Safety belt with rope should be provided to the workers. While working inside the manholes such rope
should be handled by two men standing outside to enable him to be pulled out during emergency.
The area should be barricaded or cordoned off by suitable means to avoid mishaps of any kind. Proper
warning signs should be displayed for the safety of the public whenever cleaning works are undertaken
during night or day.
No smoking or open flames shall be allowed near the blocked manhole being cleaned.
The malba obtained on account of cleaning of blocked manholes and sewer lines should be immediately
removed to avoid accidents on account of slippery nature of the malba.
Workers should not be allowed to work inside the manhole continuously. He should be given rest
intermittently. The engineer-in-charge may decide the time up to which a worker may be allowed to work
continuously inside the manhole.
Gas masks with oxygen cylinder should be kept at site for use in emergency.
Air-blowers should be used for flow of fresh air through the manholes. Whenever called for, portable air-
blowers are recommended for ventilating the manholes. The motors for these shall be vapour proof and of
totally enclosed type. Non sparking gas engines also could be used but they should be placed at-least 2
meters away from the opening and on the leeward side protected from wind so that they will not be a source
of friction on any inflammable gas that might be present.
The workers engaged for cleaning the manholes / sewers should be properly trained before allowing to work
in the manhole.
The workers shall be provided with gumboots or non-sparking shoes, bump helmets and gloves non
sparking tools, safety lights and gas masks and portable air blowers (when necessary). They must be
supplied with barrier cream for anointing the limbs before working inside the sewer lines.
Workmen descending a manhole shall try each ladder step or rung carefully before putting his full weight on
it to guard against insecure fastening due to corrosion of the rung fixed to manhole well.
If a man has received a physical injury, he should be brought out of the sewer immediately and adequate
medical aid should be provided to him.
The extent to which these precautions are to be taken depend on individual situation but the decision of the
engineer-in-charge regarding the steps to be taken in this regard in an individual case will be final.
The contractor shall not employ men and women below the age of 18 years on the work of painting with
products containing lead in any form wherever men above the age of 18 are employed on the work of lead
painting the following precautions should be taken.
No paint containing lead or lead products shall be used except in the form of paste or readymade paint.
Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray or a
surface having lead paint is dry rubbed and scrapped.

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Overalls shall be supplied by the Contractor to the workmen and adequate facilities shall be provided to
enable the working painters to wash during the cessation of work. White lead, sulphate or lead work products
containing those pigments shall not be used in painting operation except in the form of paste or of paints
ready for use. Measures shall be taken whenever required in order to prevent danger arising from the
application of paint in the form of spray.
MEASURES SHALL BE TAKEN, WHENEVER PRACTICABLE TO PREVENT DANGER ARISING OUT
OF DUST CAUSED BY DRY RUBBING DOWN AND SCRAPPING.

Adequate facilities shall be provided to enable working painter to wash during and on cessation of work.
Suitable arrangements shall be made to prevent clothing put off during working hours being spoiled by
painting materials.

1.1 a) Cases of lead poisoning and of suspected lead poisoning shall be notified and shall be subsequently
verified by a medical man appointed by the competent authorities of SSCL.
The SSCL may require when necessary a medical examination of workers.
Instructions with regard to the special hygienic precautions to be taken in the painting trade shall be
distributed to working painters.

When the work is done near any place where there is risk of drowning, all necessary equipment’s
should be provided and kept ready for use and all necessary steps taken for prompt rescue of any
person in danger and adequate provisions should be made for prompt first aid treatment for all injuries
likely to be sustained during the course of the work.

Use of hoisting machines and tackle including their attachment encourage and supports shall conform
to the following standard of conditions.

B) these shall be of good mechanical construction, sound material and adequate strength and free from
patent, defects and shall be kept in good working order. Every rope used in hoisting or lowering
materials or as a means of suspension shall be of durable quality and adequate strength, and free
from patent defects.
Every crane driver or hoisting appliance operator shall be properly qualified and no person under the
age of 21 years should be in-charge of any hoisting machine including any scaffolding, winch or giving
signals to operator.
In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block used
in hoisting or as means of suspension the safe working load shall be ascertained by adequate means.
Every hoisting machine and all gear referred to above shall be plainly marked with the safe working
load. In case of a hoisting machine having a variable safe working load, each safe working load and
the conditions under which it is applicable shall be clearly indicated. No part of any machine or any
gear referred to above in this clause shall be loaded beyond the safe working load except for the
purpose of testing.
In case of SSCL machines, the safe working load shall be notified by the engineer-in-charge. As
regards contractor’s machines the contractor shall notify the safe working load of the machine to the
engineer-in-charge whenever he brings any machinery to site of work and get verified by the engineer-
in-charge.
Motors gearing, transmission electric wiring and other dangerous parts of hoisting appliances should
be provided with efficient safeguard. Hoisting appliances should be provided with such means as will
reduce to the minimum the risk of accidental descent of the load. Adequate precautions should be
taken to reduce the minimum the risk of any part of a suspended load becoming accidentally displaced.
When workers are employed on electrical installations, which are already energized, insulating mats,
wearing apparel, such as gloves sleeves and boots as may be necessary be provided. The worker
should not wear any rings, watches and carry keys or other materials, which are good conductors of
electricity.

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All scaffold, ladders, and other safety devices mentioned or described herein shall be maintained in
safe condition and no scaffold ladder or equipment shall be altered or removed while it is in use.
Adequate washing facilities should be provided at or near places of work.
These safety provisions should be brought to the notice of all concerned by display on a notice board
at a prominent place of work spot. The person responsible for compliance of the safety codes shall be
named therein by the contractor.
To ensure effective enforcement of the rules and regulations relating to safety precautions the
arrangements made by the contractor shall be open to inspection by SSCL official or their
representatives.
Notwithstanding the above clauses from (i) to (xiv) there is nothing in these to exempt the contractor
from the operations of any other act or rule in force in the republic of India.

SPECIAL CONDITIONS OF CONTRACT- ANNEXURE- “C”

SAFETY CODE
1. Scaffolding:
(i) Suitable scaffold should be provided for workman for all works that cannot safely be done from the grounds
or from solid construction except such short period work as can be done safely from ladder is used on extra
labour shall be engaged for holding the ladder for carrying materials as well suitable foot holes and hand
holds shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to ¼
Horizontal and 1 vertical).
(ii) Scaffolding or staging more than 12 M above, the ground floor swung or suspended from an overhead
support or erected with stationer/support shall have a guard rail property attached, bolted, braced or
otherwise secured at least 1-meter-high above the floor platforms of such scaffolding or staging and
extending along the entire length of the outside the ends thereof with only such opening as may be
necessary for the delivery of the materials. Such scaffolding or staging shall be fastened as to prevent it from
swaying from the building of structure.
(iii) Working platform gangways and stairway should be so constructed that they should not away unduly or
unequally and if the height of the platform of the Gangway or the stairway is more than 3.54 meters above
ground level and or floor level they should be closely bearded, should have adequate width and should be
suitably fenced as described (ii) above.
(iv) Working platform be provided with suitable means to prevent the falling of persons or materials by providing
suitable fencing or railing whose minimum height shall be 1 meter.
(v) Safe means of access shall be provided to all working platforms and other working places. Every ladder shall
be securely fixed. No portable ladder shall be over 9 meter in length while the width between side rails in ring
ladder shall be in no case be less than 0.3 meters from ladder up to and including 3-meter length. For longer
ladders this width should be increased at least 2 cm. For each additional meter of length. Uniform step
spacing shall not exceed 0.3 M adequate precaution shall be taken to prevent danger form electrical
equipment. No material on any of the work site shall be so stacked or placed as to cause danger or
inconvenience to any person or the public. The Bidder shall also provide all necessary fencing and lights to
protect the public from accident and shall be bound to bear the expenses of defense of every suit action or
other precautions of law that may be brought by any person for injury sustained owing to neglect of the
above and to pay any damages and costs which may be awarded in any such suit action or proceeding to
any such person or which may with consent of the Bidder be paid to compromise by any such person.

1. Excavation and Trenching: All trenches 1.2 meter or more in depth, shall at all times be supplied with at least
one ladder for each 30 Meter in length or fraction thereof. Ladder shall be extended from bottom of the
trench to at least 1 meter above the surface of the ground. The side of trenches which are 1.5 meter or more
in depth shall be stepped back to give suitable slopes or securely held by timber bracing so as to avoid the
danger of sides to collapse The excavated materials shall not be placed within 1.5 meter of the edge of the
trench or half of the depth of the trench whichever is more. Cutting shall be done from top to bottom. Under
no circumstances undermining or under cutting shall be done.

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2. Demolition: Before any demolition work is commenced and also during the process of the works.
(a) All roads and open area adjacent to the work site shall either be closed or suitably protected.
(b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus
used by the operator shall remain electrically charged.
(c) All precautionary steps shall be taken to prevent danger to persons employed from risk of fire or
explosion of flooring. No floor roof or other part of the building shall be so overloaded with debris of
materials as to render it unsafe.

3. Painting: All necessary personal safety equipment as considered adequate by the Engineer-in-charge
should be kept available for the use of person employed on the site and maintained in a condition suitable
for immediate use and the Bidder should take adequate steps to ensure proper use of equipment by those
concerned.
a) Workers employed on mixing asphaltic materials cement lime mortars shall be provided with protective
footwear and. protective goggles.
b) Stone brackets shall be provided with protective goggles and protective clothing, and seated at
sufficiently safe intervals.
c) Those engaged in welding works shall be provided with welders protect.
d) When workers are employed in sewers and manholes which are in use, the Bidders shall ensure that
the manhole covers are open and are ventilated at least for an hour before the work shall be coronet
off with suitable railing and provided with warning signals or boards to prevent accident to the public.
e) The Bidder shall not employ men below the age of 19 and women on the work of painting with products
containing lead in any form whenever men above the age of 18 are employed on the work of lead
painting the following precautions should be taken.
f) No paint containing lead or lead shall be used except in the form of paste or readymade paint.
i) Suitable face masks should be supplied for use by the workers when paint applied in the form of spray
or a surface having lead paint dry rubble and scrapped.
ii) Overhauled shall be supplied by the Bidder to the workman and adequate facilities shall be provided
to enable the working painters to wash during the cessations of work.
4. Drawing: When the work is done near any place where there is risk a drawing of all necessary
equipment should be provided and kept ready for use and all necessary steps taken for prompt
rescue of any person in danger and adequate provision should be made for prompt first aid
treatment for all injuries likely to be sustained during the course of the work.

4. Every crane driver or hosing equipment operator shall be properly qualified and should not have any
personal disorder. Such person must be of a minimum age of 21 years.
a) In case of every hoisting machine and every chain ring lowering or as means of suspensions. The sate
working load shall be ascertained by adequate means. Every hoisting machine and gear referred to
above shall be plainly marked with the safe working load. In case of hoisting machine having a variable
safe working load of the conditions under which it is applicable shall be clearly indicated. No part of any
machine or of any gear referred to above in this paragraph shall be loaded beyond the safe working
load except for load purpose of testing.
b) In case of departmental machine, the safe working and load shall be notified by the Electrical Engineer-
in-charge. As regarded Bidder’s machine the Bidder shall notify the safe working load of the machine to
the Engineer-in-charge, whenever he brings any machinery to site of work and get verified by the
Electrical Engineer concerned.
c) Motors, gearing transmission, Electric wiring and other dangerous part of the hoisting appliance should
be provided with efficient safe guards and with such means as well reduce adequate precautions
should be taken to reduce to the minimum the risk of any part of a suspended load be coming
accidentally displaced When workers employed on Electrical installations which are already
unregistered insulating mats wearing apparel such as gloves sleeves and boots as may be necessary
should be provided the workers should not wear rings, watches and carry keys, or other materials
which are good conductors of electricity.

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5. All scaffolds, ladders and their safety device mentioned or described herein shall be maintained in safe
condition and no scaffold ladder or equipment shall be altered or removed while it is in use. Adequate washing
facilities shall be provided at or near places of work.
6. These safety provisions should be brought to the notice of all concerned by display on a Notice Board at
prominent places at the work spot. The persons responsible for compliance of the safety code shall be named
therein by the Bidder.
7. To ensure effective endorsement of the rules and regulations relating to safety precautions the arrangement
made by the Bidder shall be open to inspection by the Labour Officer, Engineer-in-charge, or the Department
or their representatives.
8. Notwithstanding the above clause (1) to (9) there is nothing in these three except the Bidders to exclude the
operations of any other act or rule in force in the Republic of India.
9. The bidder has to place the safety sign board in the work area which should be properly visible to prevent any
accident.
10. The bidder has to take 3rd party Insurance of the work area, equipment(s), Tools and Tackles.
11. The bidder shall keep the Safety Engineer / Officer who shall take care for safety related issues and shall be
present on work area on full time basis during construction work.

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SPECIAL CONDITIONS OF CONTRACT- ANNEXURE- “D”

ENVIRONMENT, HEALTH & SAFETY POLICY

SPECIFICATION FOR ENVIRONMENT, HEALTH & SAFETY POLICY (EHS)MANAGEMENT

CONTENTS

CLAUSE TITLE
NO.

1.0 SCOPE

2.0 REFERENCES

3.0 REQUIREMENT OF ENVIRONMENT, HEALTH & SAFETY

3.1 MANAGEMENT RESPONSIBILITY

3.2 HOUSE KEEPING

3.3 ENVIRONMENT ,HEALTH & SAFETY

4.0 DETAILS OF EHS MANAGEMENT SYSTEM BY CONTRACTOR

4.1 ON AWARD OF CONTRACT

4.2 DURING JOB EXECUTION

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1. Scope:
This specification established the environment, health and safety (ehs) management requirement to be
complied with by the contractors during construction. Requirements stipulated in this specification shall
supplement the requirements of EHS management given in relevant act (s) / legislations. General
conditions of contract (GCC), special conditions of contract (SCC) and job specifications. Where different
documents stipulate different requirements, the most stringent shall be adopted.
2. References:
This document should be read in conjunction with following:

 General Conditions of Contract(GCC)

 Special Conditions of Contract(SCC)
 Job specifications

3. Requirements of environment, health & safety (EHS)management system to be complied by

bidders

1.1 Management responsibility

a. The Contractor should have a documented EHS policy to cover commitment of their organization
to ensure health, safety and environment aspects in their line of operations.

b. The EHS management system of the Contractor shall cover the EHS requirements including but
not limited to what is specified under Para 1.0 and para 2.0 above.

c. Contractor shall be fully responsible for planning and implementing EHS requirements. Contractor
as a minimum requirement shall designate / deploy the following to co-ordinate the above:

i. No. of workers deployed

ii. Up to 250 - Designate one safety supervisor
i. Above 250 & up to 500 - Deploy one qualified and experienced safety Engineer /officer
iii. Above 500-One additional safety (for every 500 or less) engineer/officer as above.
d. Contractor shall indemnify & hold harmless Owner / SSCL& either representatives free from any
and all liabilities arising out of non – fulfillments of EHS requirements.
e. The Contractor shall ensure that the Environment, Health & Safety (EHS) requirements
are clearly understood & faithfully implemented at all levels at site.
f. The Contractor shall promote and develop consciousness for Safety, Health and Environment
among all personnel working for the Contractor. Regular awareness, program site meetings shall
be arranged on EHS activities to cover hazards involved in various operations during
construction.
g. Arrange suitable first aid measures such as First Aid Box, trained personnel to give First Aid,
stand by Ambulance or Vehicle and install fire protection measures such as: adequate number of
steel buckets with sand and adequate fire extinguishers to the satisfaction of SSCL/Owner.
h. The Contractor shall evolve a comprehensive planned and documented system for
implementation and m o n i t o r i n g of the EHS requirements. This shall be submitted to
SSCL/Owner for approval. The monitoring for implementation shall be done by regular
inspections and compliance to the observations thereof. The Contractor shall get similar EHS
requirements implemented at h i s sub-contractor(s) work s i t e /office. However, compliance
of EHS requirements shall be the sole responsibility of the Contractor. Any review / approval by
SSCL/Owner shall not absolve contractor of his responsibility / liability in relation to all HSE
requirements.
i. Non-Conformance on EHS by Contractor (including his Sub-contractors) as brought out during
review/audit by SSCL/Owner representatives shall be resolved forthwith by Contractor.

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Compliance report shall be provided to SSCL/Owner.

j. The Contractor shall ensure participation of his Resident Engineer / Site-in- Charge in the Safety
Committee / EHS Committees meetings arranged by SSCL/Owner. The compliance of any
observations shall be arranged urgently. He shall assist SSCL/Owner to achieve the targets set by
them on EHS during the project implementation.
k. The Contractor shall adhere consistently to all provisions of EHS requirements. In case of non-
compliance or continuous failure in implementation of any of EHS provisions; SSCL/Owner may
impose stoppage of work without any Cost & Time implication to Owner and/or impose a suitable
penalty for non-compliance with a notice of suitable period, up to a cumulative limit of 1.0% (one
percent) of Contract Value with a maximum limit of Rs. 10 lakhs. This penalty shall be in addition
to all other penalties specified elsewhere in the contract. The decision of imposing stoppage work,
its extent & monitory penalty shall rest with SSCL/Owner & binding on the Contractor.
l. All fatal accidents and other personnel accidents shall be investigated by a team of Contractor’s
senior personnel for root cause & recommend Corrective and preventive actions.
Findings shall be documented and suitable actions taken to avoid recurrences shall be
communicated to SSCL/Owner.
m. Owner / SSCL shall have the liberty to independently investigate such occurrences and
Contractor shall extend all necessary help and co-operation in this regard.
1.2 HOUSEKEEPING

a. Contractor shall ensure that a high degree of housekeeping is maintained and shall ensure inter
alia the followings wherever applicable:
b. All surplus earth and debris are removed/disposed off from the working areas to identified
location(s).
c. Unused/surplus cables, steel items and steel scrap lying scattered at different places within the
working areas are removed to identified location(s).
d. All wooden scrap, empty wooden cable drums and other combustible packing materials, shall be
removed from work place to identified location(s).
e. Roads shall be kept clear and materials like: pipes, steel, sand boulders, concrete, chips and
bricks etc. Shall not be allowed on the roads to obstruct free movement of men & machineries.
f. Fabricated steel structural, pipes & piping materials shall be stacked properly for erection.
g. Water logging on roads shall not be allowed.
h. No parking of trucks / trolleys, cranes and trailers etc. Shall be allowed on roads which may
obstruct the traffic movement.
i. Utmost care shall be taken to ensure over all cleanliness and proper upkeep of the working
areas.
j. Trucks carrying sand, earth and pulverized materials etc. Shall be covered while moving within
the premises.
k. Only properly designed steel scaffolding materials to be used for working at heights more than
3.0m. Double scaffolding using wooden ballis may be allowed for working at height less than 3.0m
1.3 ENVIRONMENT, HEALTH ANDSAFETY

a.The Contractor shall provide safe means of access to any working place including provisions of
suitable and sufficient scaffolding at various stages during all operations of the work for the
safety of his workmen, and, SSCL/Owner. Contractor shall ensure deployment of appropriate
equipment and appliances for adequate safety and health of the workmen and protection of
surrounding areas.
b.The Contractor shall ensure that all their staff and workers including their subcontractor(s) shall
wear Safety Helmet and Safety shoes. Contractor shall also ensure use of safety belt, protective
goggles, gloves etc. by the personnel as per job requirements. All these gadgets shall conform to
relevant IS specifications or equivalent.

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c.Contractor shall ensure that a proper Safety Net System shall be used at appropriate locations.
The safety net shall be located not more than 30 feet (9.0 metres) below the working surface at
site to arrest or to reduce the consequences of a possible fall of persons working at different
heights.
d.Contractor shall ensure that flash back arrester shall be used while using
e.Gas Cylinders at site. Cylinders shall be mounted on trolleys.
f. The Contractor shall assign to his workmen, tasks commensurate with their qualification,
experience and state of health for driving of vehicles, handling and erection of materials and
equipment’s. All lifting equipment’s shall be tested certified for its capacity before use. Adequate
and suitable lighting at every work place and approach there to, shall be provided by the
Contractor before starting the actual operations at night.
g.Hazardous and/or toxic materials such as solvent coating, or thinners shall be stored in
appropriate containers.
h.All hazardous materials shall be labelled with the name of the materials, the hazards associated
with its use and necessary precautions to be taken.
i. Contractor shall ensure that during the performance of the work, all hazards to be health of
personnel, have been identified, assessed and eliminated.
j. Chemical spills shall be contained & cleaned up immediately to prevent further contamination.
k.All personnel exposed to physical agents such as ionizing radiation, ultraviolet rays or
similar other physical agents shall be provided with adequate shielding or protection
commensurate with the type of exposure involved.
l. Where contact or exposure of hazardous materials could exceed limits or could otherwise have
harmful effects, appropriate personal protective equipment’s such as gloves, goggles, aprons,
chemical resistant clothing and respirator shall be used.
m. Crèche where 10 or more female workers are having children below the age of 6years.
n.Reasonable Canteen facilities are made available at appropriate location depending upon
siteconditions.
o.Suitable facilities for toilet, drinking water, proper lighting shall be provided at site and labour
camps, commensurate with applicable Laws / Legislation.
p.Contractor shall ensure storage and utilization methodology of materials that are not detrimental
to the environment. Where required Contractor shall ensure that only the environment friendly
materials are selected.
q.All persons deployed at site shall be knowledgeable of and comply with the environmental laws,
rules & regulations relating to the hazardous materials substances and wastes. Contractor
shall not dump, release or otherwise discharge or dispose of any such materials without the
express authorization of SSCL/Owner.
4. Details of EHS management system by contractor
4.1 On Award of Contract
The contractor shall prior to start of work submit his safety health and environment manual or procedure
and EHS plans for approval by SSCL/owner. The contractor shall participate in the pre-start meeting with
SSCL/owner to finalize EHS plans including the following:
a. Job procedure to be followed by Contractor for activities covering. Handling of equipment,
Scaffolding, Electric Installation, describing the risks involved, actions to be taken and methodology
for monitoring each activity.
b. SSCL/Owner review / audit requirement.
c. Organization structure along with responsibility and authority records / reports etc. on EHS activities.
4.2 During job execution
Implement approved environment, health & safety management procedure including but not limited to as
brought out under para 3.0. Contractor shall also ensure to:

a. Arrange workmen compensation insurance, registration under ESI Act, third party liability insurance
etc., as applicable.
b. Arrange all HSE permits before start of activities (as applicable) like hot work, confined space, work
at heights, storage of chemical / explosive materials and its use and implement all precautions

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mentioned therein.
c. Submit timely the completed checklist on EHS activities, Monthly EHS report, accident reports,
investigation reports etc. as per SSCL/Owner requirements. Compliance of instructions on
EHS shall be done by Contractor and informed urgently to SSCL/Owner.
d. Ensure that Resident Engineer / Site-in-Charge of the Contractor shall attend all the Safety
Committee / EHS meetings arranged by SSCL/Owner. Only in case of his absence from site that a
second senior most person shall be nominated by him in advance and communicated to
SSCL/Owner.
e. Display at site office and work locations caution boards, list of hospitals, emergency services
available.
f. Provide posters, banners for safe working to promote safety consciousness.
g. Carryout audits / inspection at sub-contractor works as per approved EHS
h. Document and submit the reports for SSCL/Owner review.
i. Assist in EHS audits by SSCL/Owner, and submit compliance report.
j. Generate & submit HSE records / report as per EHS Plan
k. Appraise SSCL/Owner on EHS activity

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Section -6
CONTRACT DATA

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Contract Data
Clause Particulars Data
reference
1.14 Employer Sagar Smart City Limited
1.15 Engineer Engineer as notified by the employer
1.16 Engineer in charge Engineer as deputed by SSCL
1.22 Stipulated period of completion 18 months incl. rainy season
3 Language & Law of Contract English & Indian Contract Act 1872
Address & contact details of the Contractor As per Annexure H
4
Address & contact details of the Chief Executive Officer
Employer/Engineer-phone, Fax, e-mail. Sagar Smart City Limited
Tilli Tiraha, Sagar (M.P)
5 Subcontracting permitted for contract value Only for specialized Work such as LT-
HT Lines and Fire Hydrant System
Technical Personnel to be provided by the As per Annexure I (Format I-3)
contractor – requirement &
6
Penalty, if required Technical personal not As per rule
employed

10 Specifications ANNEXURE E
Drawings As per Annexure N
Competent authority for deciding dispute As per rule
under Dispute resolution system
12 Appellate Authority for deciding dispute Executive Director, SSCL
under Dispute resolution system
13 Period of submission of updated 7 days upon signing the agreement
construction program
Amount to be withheld or not submitting As per rule
construction program in the prescribed
period
14 Competent Authority for granting Time As per rule
Extension
Milestones laid down for the contract YES/NO
15 If Yes, details of milestones As per Annexure O
Compensation for Delays As per Annexure P
17 List of equipment’s for lab As per Annexure I-4
Time to establish lab As per rule

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Penalty for not establishing field Laboratory As per rule

18 Defect Liability Period 36 Months after physical completion
of work
21 Competent authority for determining the As per rule
rate
27 Any other conditions for breach of contract
_
28 Penalty Penalty shall include
(a)Security deposit as per clause 30
of General conditions of contract and
(b)Liquidated damages imposed as
per clause 15 or performance
security (Guarantee) including
additional performance security
(Guarantee), if any, as per clause 29
of General conditions of contract,
whichever is higher.
29 Performance Security- Performance Security amounting to
total ten (10%) percent of contract
1. Performance guarantee
value shall be submitted/deducted
2. Retention money as follows:

Performance guarantee,
undertaking and warranties
(A) If the Bidder comprises of a
partnership will be required to
execute the guarantees,
undertakings and warranties.
The Bidder should note that in
the event of award, all
guarantees are required to be
executed prior to the signing of
the contract.

(B) The performance security

required in accordance with of
general conditions of contract
shall be for 10% of the contract
value, in Indian rupees and shall
comprise the following:

A. Performance
guarantee - 3(Three)%
of the contract

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value
B. Retention money
- 7(Seven)% of the
contract value
(C) The Bidder shall furnish
all other guarantees,
undertakings, and warranties,
in accordance with the
provisions in General
conditions of contract and
Special conditions of contract.
(D) Failure of the successful
Bidder to comply with the
requirements of within the
time limit specified therein
shall constitute sufficient
grounds for the annulment of
the award and forfeiture of the
tender security.
(E) Retention money: in
addition to the performance
guarantee, retention money
(security deposit) will be
7(Seven) % of the contract
value. The percentage of
retention money will be
recovered in each interim
payment as per the SCC
(F) The PG (Performance
Guarantee) to the extent of
3(Three)% of the contract
value shall be paid in one of
the following forms.
(A) Cash transferred
through neft, rtgs & imps
(B) Government
securities
(C) An electronically
issued Irrevocable Bank
Guarantee bond of any
schedule bank, or in the
prescribed form g i v e n .
The Bank Guarantee
shall be from a

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scheduled bank in India

(meaning a bank which
has been included in the
second schedule of
reserve bank of India act,
1934) (including
scheduled commercial
foreign banks).
(G) The performance
guarantee shall be furnished
to the employer within twenty-
eight (28) days of receipt of
the letter of
acceptance. Performance
guarantee is applicable over
and above the clause of
earnest money deposit.
Performance guarantee will
have to be paid and shall be
valid till the defect liability
period or finalization of final
bill whichever is later. This
deposit will be allowed in the
form of (A) to (D) as
mentioned above and shall be
paid as prescribed in the letter
of acceptance.
(H) Additional performance
security deposit
If the Bidder has quoted the offer
less than 10% below the
estimated rates put to tender,
then the Bidder shall not to
have to submit additional
performance security deposit
(I) If the offer is less than 1 %
below the estimated rates and
is up to 10% below, then the
amount of the performance
security shall be paid as per
the clause as mentioned
above shall be of the value of
10% of the cost put to tender.
For example: if the rates
quoted is 7% below, then the
amount of performance
security should be 10% of the
cost put to tender

SSCL/2019 -20/XXX Page 161 of 170

If the offer is less than 10%

below then the amount of the
performance security shall be
of the value of 10% of the
cost put to tender plus the
amount arrived by applying
that percent on the cost put to
tender which is the difference
of percentage quoted by the
Bidder and 10. For example: if
the rates quoted is 17%
below, then the amount of
performance security should
be 17%, i.e.10% of the cost
put to tender + (plus) (17-10)
% of the cost put to tender
(J) If the bid, which results in
the lowest evaluated bid
price, is seriously
unbalanced or front
loaded (22% less than
the scheduled rates or
15% more than the
scheduled rates for
percentage rate and item
rate tenders/bids) and if
in the opinion of the
employer, the successful
bidder has failed to justify
or demonstrate the
internal consistency of
those prices vis-à-vis
specifications,
construction methods
and schedule, the
employer may require
that the amount of the
performance security be
increased to a maximum
of twenty (20%)
percent of the bid value
of such items.
(K) Refund of performance
security
Performance Guarantee and
retention money shall be
released before issue of
performance certificate (after
expiry of defect liability period in

SSCL/2019 -20/XXX Page 162 of 170

the following manner

(A) Retention Money-7%–
After issue of the
Acceptance certificate by
SSCL after the
completion of
Construction Activities
(B) Performance Guarantee-3% –
After completion of the Defects
Liability period

31 Price adjustment formula and procedure to As per Annexure R

calculate
31.1(1) Price adjustment shall be applicable

32 32.1 Mobilization and Construction Refer to the 1.43 , OF

Machinery Advance applicable Special Conditions of Contract for
the Mobilization Advances to be
paid to Bidders
32.2 If yes, unconditional Bank Guarantee In the format prescribed in Annexure
-S
32.3 If yes, Rate of interest chargeable on 10% annual simple interest
advance
32.4 If yes, Type & Amount payment that 1. Mobilization advance-Not more
can be paid than10% of contract amount, as
mentioned at Part-2, SCC , Clause
1.43
32.5 If yes, Recovery of Advance payment Recovery of Mobilization and/or
Construction Machinery advance
shall commence when 10% of the
contract amount is executed and
recovery of total advance shall be
done on pro-rata basis and shall be
completed by the time work
equivalent to 60% of the contract
amount is executed.
In addition to the recovery of
principal amount, recovery of
interest shall be carried out as
calculated on the outstanding

SSCL/2019 -20/XXX Page 163 of 170

amount of principal at the close of

each month. The interest shall be
accrue from the day of payment of
advance and the recovery of interest
shall commence when 10% of the
contract amount is executed and
shall be completed by the time work
equivalent to 60% of the contract
amount is executed.
33 33.1 Secured Advance applicable No Secured Advance payable

33.2 If yes, Unconditional bank Guarantee In the format prescribed in

Annexure-T
33.3 If yes, Conditions for secured Advance a) The materials are in accordance
with the specification of works,
b) Such materials have been
delivered to site, and are properly
stored and protected against
damage or deterioration to the
satisfaction of the engineer. The
contractor shall store the bulk
material in measurable stacks,
c) The Contractor’s records of the
requirements, ordered, receipt and
use of materials are kept in a form
approved by the Engineer and such
records shall be available for
inspection by the Engineer;
d) The contractor has submitted whit
his monthly statement the estimated
value off the materials on site
together with such documents as
may be required by the engineer for
the purpose of valuation of the
materials and providing evidence of
ownership and payment thereof;
f) The quantity of materials is not
excessive and shall be used within a

SSCL/2019 -20/XXX Page 164 of 170

reasonable time as determined by

the engineer.
33.4 If yes, recovery of secured advance The advance shall be repaid from
each succeeding monthly payments
to the extent materials [for which
advance was previously paid] have
been incorporated into the works.
35 Completion certificate- After physical As per Annexure - U
completion of the work
Final Completion Certificate – after final As per Annexure - V
payment on completion of the work
36 Competent Authority CEO, SSCL

37 Salient features of some of the major labour As per Annexure - W

laws that are applicable

SSCL/2019 -20/XXX Page 165 of 170

SECTION 7
AGREEMENT FORMAT

SSCL/2019 -20/XXX Page 166 of 170

AGREEMENT FORM
This agreement made this day of (Month) (Year), between the Sagar Smart City Limited (SSCL), a
company incorporated under the Companies Act, 1956 having its Registered Office at Sagar Smart
City Office, Old RTO Building Near Tilli Tiraha, Sagar, Madhya Pradesh 470002 (hereinafter referred
to as the “SSCL” which expression shall include its administrators, successors, executors and
assigns) of the one part and M/s__________________(NAME OF CONTRACTOR) (hereinafter
referred to as the Contractor‟ which expression shall unless the context requires otherwise include its
administrators, successors, executors and permitted assigns) of the other part.

WHEREAS, SSCL, has desirous of construction of (NAME OF WORK) (hereinafter referred to as the
“PROJECT”) on behalf of the (NAME OF OWNER/MINISTRY) (hereinafter referred to as “OWNER”),
had invited tenders as per Tender documents vide NIT No.

AND WHEREAS (NAME OF CONTRACTOR) had participated in the above referred tender vide
their tender dated and SSCL has accepted their aforesaid tender and award the contract for (NAME
OF PROJECT) on the terms and conditions contained in its Letter of Intent No. and the documents
referred to therein, which have been unequivocally accepted by (NAMEOF CONTRACTOR) vide
their acceptance letter dated --------- --.

NOW THEREFORE THIS DEED WITNESSETH AS UNDER:

ARTICLE 1.0 – AWARD OF CONTRACT SCOPE OF WORK

SSCL has awarded the contract to (NAME OF CONTRACTOR) for the work of (NAME OF WORK)
on the terms and conditions in its letter of intent No. in the “Contract Documents” referred to in the
succeeding Article.

ARTICLE 2.0 – CONTRACT DOCUMENTS

The contract shall be performed strictly as per the terms and conditions stipulated herein and in the
following documents attached herewith (hereinafter referred to as “Contract Documents”).
This Contract Agreement and the Appendices hereto
1 Letter of Acceptance
2 Final Bill of Quantities
3 Letter of Price Bid and Price Schedules submitted by the Contractor
4 Letter of Technical Bid and Technical Proposal submitted by the Contractor
5 Special Conditions of Contract
6 General Conditions of Contract
7 Specification
8 Drawings
9 Other completed Bidding Forms submitted with the Letters of Technical and Price Bids
10 RFP along with amendments/corrigendum of schedule items, if any .
11 Pre bid Meeting Clarifications
12 Any other documents part of the Employer’s Requirements
13 Any other documents shall be added here
SSCL‟s detailed Letter of Intent No. Dated including Bill of Quantities.
Agreed time schedule, Contractor’s Organization Chart and list of Plant and Equipment’s submitted by
Contractor.
All the aforesaid contract documents referred to in Para 2.1 and 2.2 above shall form an integral
part of this Agreement, in so far as the same or any part thereof column, to the tender documents
and what has been specifically agreed to by SSCL in its Letter of Intent. Any matter inconsistent
therewith, contrary or repugnant thereto or deviations taken by the Contractor in its “TENDER” but
not agreed to specifically by SSCL in its Letter of Intent, shall be deemed to have been withdrawn by
the Contractor without any cost implication to SSCL. For the sake of brevity, this Agreement along
with its aforesaid contract documents and Letter of Intent shall be referred to as the “Contract”.

SSCL/2019 -20/XXX Page 167 of 170

ARTICLE 3.0 – CONDITIONS & CONVENANTS

The scope of Contract, Consideration, terms of payments, advance, security deposits, taxes
wherever applicable, insurance, agreed time schedule, compensation for delay and all other terms
and conditions contained in SSCL‟s Letter of Intent No. dated are to be read in conjunction with other
aforesaid contract documents. The contract shall be duly performed by the contractor strictly and
faithfully in accordance with the terms of this contract.

The scope of work shall also include all such items which are not specifically mentioned in the
Contract Documents but which are reasonably implied for the satisfactory completion of the entire
scope of work envisaged under this contract unless otherwise specifically excluded from the scope of
work in the Letter of Intent.

Contractor shall adhere to all requirements stipulated in the Contract documents.

Time is the essence of the Contract and it shall be strictly adhered to. The progress of work shall
conform to agreed works schedule/contract documents and Letter of Intent.

This agreement constitutes full and complete understanding between the parties and terms of the
presents. It shall supersede all prior correspondence to the extent of inconsistency or repugnancy to
the terms and conditions contained in Agreement. Any modification of the Agreement shall be
effected only by a written instrument signed by the authorized representative of both the parties.

The total contract price for the entire scope of this contract as detailed in Letter of Intent is
Rs.
(Rupees only), which shall be governed by the
stipulations of the contract documents.

ARTICLE 4.0 – NO WAIVER OF RIGHTS

Neither the inspection by SSCL or the Engineer-in-Charge or Owner or any of their officials,
employees or agents nor order by SSCL or the Engineer-in-Charge for payment of money or any
payment for or acceptance of, the whole or any part of the work by SSCL or the Engineer-in-Charge
nor any extension of time nor any possession taken by the Engineer-in-Charge shall operate as
waiver of any provisions of the contract, or of any power herein reserved to SSCL, or any right to
damage herein provided, nor shall any waiver of any breach in the contract be held to be a waiver or
any other or subsequent breach.

ARTICLE 5.0 – GOVERNING LAW AND JURISDICTION

The Laws applicable to this contract shall be the laws in force in India and jurisdiction of SAGAR
Court (s)only.

ARTICLE 6.0- Notice of Default

Notice of default given by either party to the other party under the Agreement shall be in writing and
shall be deemed to have been duly and properly served upon the parties hereto, if delivered against
acknowledgment due or by FAX or by registered mail duly addressed to the signatories at the
address mentioned herein above.
IN WITNESS WHEREOF, the parties through their duly authorized representatives have executed
these presents (execution whereof has been approved by the Competent Authorities of both the
parties) on the day, month and year first above mentioned at SAGAR.
For and on behalf of: For and on behalf of:

(NAME OF CONTRACTOR) (M/s Sagar Smart City Limited)

WITNESS: WITNESS:

SSCL/2019 -20/XXX Page 168 of 170

SECTION 8- Specifications

Refer to the REQUEST FOR PROPOSAL For

Design, Construction of Roads, Culverts, sidewalks, MEP works, PHE works, Landscape, Multi duct on
Smart Road Concepts for ABD area under Sagar Smart City Limited, Sagar, Madhya Pradesh

RFP No: SSCL/TENDER/ --- /2019-20

VOLUME 2

SSCL/2019 -20/XXX Page 169 of 170

SECTION 9- Bill of Quantities

Refer to the REQUEST FOR PROPOSAL For

Design, Construction of Roads, Culverts, sidewalks, MEP works, PHE works, Landscape, Multi duct on
Smart Road Concepts for ABD area under Sagar Smart City Limited, Sagar, Madhya Pradesh

RFP No: SSCL/TENDER/ --- /2019-20

VOLUME 3- Bill of Quantities

SSCL/2019 -20/XXX Page 170 of 170

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