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Public Works Department Public Works Region, Aurangabad Public Works Circle Osmanabad

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GOVERNMENT OF MAHARASHTRA

Public Works Department


Public Works Region, Aurangabad
Public Works Circle Osmanabad
E-Tender Notice No.ABJ/01/01/2014-15

TENDER DOCUMENTS

Name of Work
B.T. Renewal to Parali Dharmapuri Road
SH-233 Km. 15/500 to 18/200 (Actual Km.
15/500 to 17/500) Tq. Parali Dist. Beed

Estimated Cost. :- Rs. 53,80,892.00

E.M.D. :- Rs. 53,800.00

Office of the,
Executive Engineer,
Public Works Division, Ambajogai.
INDEX

Name of Work: B.T. Renewal to Parali Dharmapuri Road SH-233 Km.


15/500 to 18/200 (Actual Km. 15/500 to 17/500)
Tq. Parali Dist. Beed

Sr.No. Particulars Page No.

From To
1 Brief Tender Notice 1 2
2 Detailed Tender Notice 3 36
3 Agreement Form B-1 37 78
4 Additional General Conditions & 79 132
Specifications
5 Price Variation Clause 133 138
6 Quality Assurance Clause 139 139
7 Schedule ‘A’ 140 140
8 Conditions of Material Brought By 141 144
Contractor
9 Work and site conditions 145 145
10 Schedule ‘B’ 146 148
11 Model Form for Bank Guarantee 149 150
12 Declaration of the Contractor 151 151
13 Drawings 152 152
E-TENDER NOTICE NO.ABJ/01/01/2014-2015/INTERNAL NIT NO.
PUBLIC WORKS DEPARTMENT
Online Tenders (e-tender) in B-1 form for the following work are invited by the
Executive Engineer, Public Works Division, Ambajogai. Phone No. 02446-247760
.E-mail ambejogai.ee@mahapwd.com Government of Maharashtra Electronic
Tender Management System http://maharashtra.etenders.in
Online bids are invited for the following works of items.

The details can be viewed and downloaded online directly from the Government of
Maharashtra e-Tendering Portal http://maharashtra.etenders.in on Sub Portal of
Public Works Department http://pwd.maharashtra.etenders.in.

Sr. Name of work Estimated Time limit for Earnest Cost of Class
No cost in completion Money Blank of
. (Rs.) (Months) in (Rs.) tender Regist
form ration
(Rs.)
1 2 3 4 5 6 7
B.T. Renewal to Parali 53,80,892/- 12 (Twelve) 53,800/- 5000/- Class-
1 Dharmapuri Road SH- Calendar IV-A
233 Km. 15/500 to
Months and
18/200 (Actual Km.
15/500 to 17/500) including above
Tq. Parali Dist. Beed monsoon
For more details on the tender and bidding process you may please visit the
above mentioned portal.
NOTE :
1. All eligible/interested contractors are mandated to get enrolled on e-
Tendering portal (http://maharashtra.etenders.in)
2. To process the tenders online, to encrypt their bid and to sign the bid
hashes, bidders are required to obtain digital certificate. For details
bidders be contact Help Desk.
3. Contractors can contact Help Desk for any clarification of their doubts
regarding the process of Electronic Tendering System. Help Desk at
through Email ID support.gom@nextenders.com or Phone No. 020 - 2531
5555 / 56.
4. The Contractors can view the Detailed Tender Notice along with the Time
Schedule (Key Dates) for all Live Tenders released by PWD on the home
page of PWD e-Tendering Portal on http://pwd.maharashtra.etenders.in
under the section Recent Online Tender.
5. Right for any amendment in the Terms & Condition of Tender and the right
to reject any or all offers without assigning any reason thereof is reserved
with Competent Authority

Executive Engineer,
Public Works Division, Ambajogai

(i)
GOVERNMENT OF MAHARASHTRA

PUBLIC WORK DEPARTMENT

Original Agreement No. B-1

Name of Work: B.T. Renewal to Parali Dharmapuri Road SH-233 Km.


15/500 to 18/200 (Actual Km. 15/500 to 17/500)
Tq. Parali Dist. Beed

1) Name of Contractor : .........................................................

2) Date of Receipt of Tender : .........................................................

3) No. & Date of Work Order : .........................................................

4) Amount put to Tender : Rs. 53,80,892.00

5) Percentage Quoted : .........................................................

6) Amount of Contract : .........................................................

7) Date of Commencement : .........................................................

8) Time stipulated for completion: 12 (Twelve) Calendar Months


including the monsoon period.

9) Date of Completion as per Agreement : ..............................................

10) Actual Date of Completion : ..............................................

11) Reference to sanction of Extension of time : 1) .........................


2) .........................
3) .........................

Certified that this original Agreement contains

Pages 1 to .............
Fly Leaves ............. Nos.
Drawings ............. Nos.

Signature of Contractor No. of Corrections Executive Engineer


(3)
DETAILS OF WORK

Name of Work: B.T. Renewal to Parali Dharmapuri Road SH-233 Km.


15/500 to 18/200 (Actual Km. 15/500 to 17/500)
Tq. Parali Dist. Beed

Estimated cost put to tender Rs. 53,80,892.00

Earnest Money Rs. 53,800.00

[Rs. Fifty Three Thousand Eight Hundred Only]

The EMD applicable amount shall be paid via Online mode only. In
case of EMD exemption, valid E.M.D. Exemption Certificate duly
attested shall be uploaded at the time of submission. Total Security
Deposit 4% (Four Percent) total security deposit Rs. 2,15,200/- (50% in
cash at the time of Agreement and 50% from R.A. Bills) Time stipulated for
Completion 12 Calendar Months which will include the monsoon period.

To be filled by the Contractor

I/We have quoted my/ our offer in percentage rate in words as well as
in figures. I/We further undertake to enter into Contract in regular 'B-I'
form in Public Works Department.

Name of Signature of Contractors/


Power of Attorney holder with
complete address.

Signature of Contractor No. of Corrections Executive Engineer


(4)
E-TENDER TIME SCHEDULE

Estimated cost put to tender : Rs. 53,80,892.00


Earnest Money : Rs. 53,800.00
Period of Completion of Work : 12 (Twelve) Calendar Months
including monsoon season

Class of Contractor : Class IV-A & above


Cost of Blank tender form : Rs. 5000/-

TENDER SCHEDULE

Sr. Stage Start Expire


No. Date Time Date Time
1. Tender Release 22/08/2014 10.00 26/08/2014 19:30
2. Tender Download 26/08/2014 19:31 20/09/2014 17:30
3. Online queries invited upto 12/09/2014 15.00
4. Bid Preparation 26/08/2014 17:31 24/09/2014 17.30
5. Superhash Generation and Bid 24/09/2014 17.31 25/09/2014 17:30
Lock.
6. Control Transfer of Bid 25/09/2014 17.31 29/09/2014 14:00
7. Receipt of online EMD / If Document Tender Fee and EMD to be paid
EMD exempted then EMD via online mode only. if EMD exempted then
exemption Certificate, stamp EMD exemption Certificate shall be uploaded
paper of Rs. 100/- bond online.
Affidavit (Original) in
prescribed format given in
Annexure I sworn before
Executive Magistrate / Notary
and Tender Document fees, to
be paid online only via
Payment Gateway mode /
Distance Certificate (If
required)
8. Envelope No.1 opening 29/09/2014 14:01 07/10/2014 19.30
(Technical Envelope)
9. Envelope No. 2 opening 29/09/2014 14.01 07/10/2014 19.30
(Commercial Envelope)
10. Tender award 07/10/2014 19.31 24/11/2014 17.00

Note – Above Schedule is subjective & to be verified by the Tenderer himself


on web site. Tender Schedule Flashed on Web-Site (System Generated
Schedule ) is final & binding to all Tenderers.

Signature of Contractor No. of Corrections Executive Engineer


(5)
GOVERNMENT OF MAHARASHTRA
PUBLIC WORKS DEPARTMENT
INVITATION FOR TENDERS
DETAILED TENDER NOTICE

Name of Work: B.T. Renewal to Parali Dharmapuri Road SH-233 Km.


15/500 to 18/200 (Actual Km. 15/500 to 17/500)
Tq. Parali Dist. Beed

Online percentage rate tenders in B-1 form are invited by the Executive
Engineer, Public Works Division, Ambajogai for the following work from
the Contractor Registered in appropriate class of the Public Works
Department of Maharashtra State, The Name of Work , estimated cost,
earnest money, security deposit, Time limit for completion etc. are as
under.
Sr Name of Work Estimated Earnest Security Class of Time
. Cost in Rs. Money in Deposit in Contra-ctor Limit in
N Rs. Rupees Calender
o. Months
1 B.T. Renewal to 53,80,892/- 53,800/- 2,15,200/- Class IV-A 9
Parali Dharmapuri & above Calendar
Road SH-233 Km. Months
15/500 to 18/200 including
(Actual Km. 15/500 Monsoon
to 17/500) Tq.
Parali Dist. Beed

Tender form, conditions of contract, specifications and contract


drawings can be can be downloaded from the e-tendering portal of
Public Works Department, Government of Maharashtra i.e.
http://pwd.maharashtra.etenders.in after entering the details
payment of Rs. 5,000/- (Rupees Five thousand only ) should
be paid online using payment gateway. The fees of
tender document will be non refundable. Further
information regarding the work can be obtained from the above
office.

Attested EMD Exemption certificate, Affidavit on Rs. 100/- stamp


paper in prescribed form given in Annexure I sworn before Executive
Magistrate / Notary, Additional Performance Security Deposit (If
required). As online Tender, Physical submission is not necessary.
Bids will be opened as per the Tender Schedule, in the presence of
such intending Tenderers or his/ their authorized representatives
who may be present at that time, however non submission of these
documents physically shall not disqualify opening of envelope No.1.

Signature of Contractor No. of Corrections Executive Engineer


(6)
1. TENDERING PROCEDURE: -
1.1 Blank Tender Forms.
Tender Forms can be purchased from the e-Tendering Portal of
Public Works Department, Government of Maharashtra i.e.
http://pwd.maharashtra.etenders.in after paying tender fees via
online mode as per the Tender Schedule.

1.2 PRE-TENDER CONFERENCE: -

1.2.1 Contractor may raise any quarries online or in the office of the
Superintending Engineer, Public Works Circle, Bandkam Bhavan,
Samata Colony, Osmanabad 413501, Phone No.(02472) 222883,
227571 raised any technical points on or before as per E-Tender
Time Schedule. Pre-conference is open to all prospective tenderers
who have downloaded tender form before the date of Pre-tender
conference. Wherein prospective Tenderers will have on opportunity
to obtain clarifications regarding the work and the Tender
Conditions. The prospective tenderers may also post their queries
only using post query option for the tender.

1.2.2 The prospective tenderers are free to ask for any additional
information or clarification either in writing concerning the work,
and the reply to the same shall uploaded on the portal
http://pwd.maharashtra.etenders.in and this clarification referred to
as Common Set of Conditions/Deviations (C.S.D.), shall form part
of tender documents and which will also be common and applicable
to all tenderers. The point / points if any raised online by the
contractor in pretender conference and not finding place in C.S.D.
issued after the pre-bid conference, is /are deemed rejected. In such
case the provision in NIT shall prevail. No individual correspondence
will be made thereafter with the contractor in this regard.

1.2.3 The tender submitted by the tenderer shall be based on the


clarification, additional facility offered (if any) by the Department,
and this tender shall be unconditional. Conditional tenders shall be
summarily REJECTED.

1.2.4 All tenderers are cautioned that tenders containing any deviation
from the contractual terms and conditions, specifications or other
requirements and conditional tenders will be treated as non
responsive. The tenderer should clearly mention in forwarding letter
that his offer in Envelope No. 2 (Commercial Bid) does not contain
any conditions, deviations from terms and conditions stipulated in
the tender.

Signature of Contractor No. of Corrections Executive Engineer


(7)
1.3 Tenderers should have valid Class II / III Digital Signature
Certificate (DSC) obtained from any Certifying Authorities. In case
of requirement of DSC, interested Bidders should go to
http://maharashtra.etenders.in/mah/DigitalCerti.asp and follow the
procedure mentioned in the document ‘Procedure for application of
Digital Certificate’.

1.4 The Tenderers have to make a payment of Rs 1038/- (Rupees One


Thousand Thirty Eight Only.) online as service charges for the use
of Electronic Tendering during Online Bid Data Decryption and Re-
encryption stage of the Tender.
1.5 For any assistance on the use of Electronic Tendering System, the
Users may call the below numbers:

Landline No. - 020 - 2531 5555 / 56


Landline No. - 022 - 2661 1117 (Ext 25 / 26)
Mobile No. - 91679 69601 / 04 / 14
1.6 Tenderers should install the Mandatory Components available
on the Home Page of http://maharashtra.etenders.in under the
section Mandatory Components’ and make the necessary Browser
Settings provided under section ‘Internet Explorer Settings’

1.7 Guidelines to Bidders on the operations of Electronic Tendering


System of Public Works Department.

A. Pre-requisites to participate in the Tenders processed by PWD:

1. Enrolment and Empanelment of Contractors on Electronic


Tendering System:
The Contractors interested in participating in the Tenders of Public
Works Department –processed using the Electronic Tendering
System shall be required to enroll on the Electronic Tendering
System to obtain User ID.

After submission of application for enrolment on the System, the


application information shall be verified by the Authorized
Representative of the Service Provider. If the information is found
to be complete, the enrolment submitted by the Vendor shall be
approved.
For participating in Limited and Restricted tenders the registered
vendors have to apply for empanelment on the sub-portal of PWD in
an appropriate class of registration. The empanelment will have to
be approved by the respective officer from the PWD. Only
empanelled vendors will be allowed to participate in such tenders.

Signature of Contractor No. of Corrections Executive Engineer


(8)
The Contractors may obtain the necessary information on the
process of enrolment and empanelment either from Helpdesk
Support Team or may visit the information published under the
link Enrol under the section E- Tendering Toolkit for Bidders on
the Home Page of the Electronic Tendering System.

2. Obtaining a Digital Certificate:


The Bid Data that is prepared online is required to be encrypted
and the hash value of the Bid Data is required to be signed
electronically using a Digital Certificate (Class-II or Class-III). This is
required to maintain the security of the Bid Data and also to
establish the identity of the Contractor transacting on the System.

The Digital Certificates are issued by an approved Certifying


Authority authorized by the Controller of Certifying Authorities of
Government of India through their Authorized Representatives
upon receipt of documents required to obtain a Digital Certificate.

Bid data / information for a particular Tender may be submitted


only using the Digital Certificate which is used to encrypt the data
/ information and sign the hash value during the Bid
Preparation and Hash Submission stage. In case during the
process of preparing and submitting a Bid for a particular Tender,
the Contractor loses his/her Digital Signature Certificate (i.e. due to
virus attack, hardware problem, operating system problem); he / she
may not be able to submit the Bid online. Hence, the Users are
advised to store his / her Digital Certificate securely and if possible,
keep a backup at safe place under adequate security to be used in
case of need.

In case of online tendering, if the Digital Certificate issued to an


Authorised User of a Partnership Firm is used for signing and
submitting a bid, it will be considered equivalent to a no objection
certificate / power of attorney to that User to submit the bid
on behalf of the Partnership Firm. The Partnership Firm has to
authorize a specific individual via an authorization certificate signed
by a partner of the firm (and in case the applicant is a partner,
another partner in the same form is required to authorise) to use
the digital certificate as per Indian Information Technology Act, 2000.

Unless the Digital Certificate is revoked, it will be assumed to


represent adequate authority of the Authority User to bid on behalf
of the Firm for the Tenders processed on the Electronic Tender
Management System of Government of Maharashtra as per
Indian Information Technology Act,2000. The Digital Signature of
this Authorized User will be binding on the Firm. It shall be the

Signature of Contractor No. of Corrections Executive Engineer


(9)
responsibility of Partners of the Firm to inform the Certifying
Authority or Sub Certifying Authority, if the Authorized User
changes, and apply for a fresh Digital Signature Certificate. The
procedure for application of a Digital Signature Certificate will
remain the same for the new Authorised User.

The same procedure holds true for the Authorized Users in a


Private / Public Limited Company. In this case, the Authorisation
Certificate will have to be signed by the Director of the Company or
the Reporting Authority of the Applicant.

For information on the process of application for obtaining Digital


Certificate, the Contractors may visit the section Digital Certificate
on the Home Page of the Electronic Tendering System.

3. Recommended Hardware and Internet Connectivity:


To operate on the Electronic Tendering System, the
Contractors are recommended to use Computer System with at
least 1 GB of RAM and broadband connectivity with minimum 512
kbps bandwidth.

4. Set up of Computer System for executing the operations on the


Electronic Tendering System:
To operate on the Electronic Tendering System of Government of
Maharashtra, the Computer System of the Contractors is required
be set up. The Contractors are required to install Utilities
available under the section Mandatory Installation Components
on the Home Page of the System.

The Utilities are available for download freely from the above
mentioned section. The Contractors are requested to refer to the E-
Tendering Toolkit for Bidders available online on the Home Page to
understand the process of setting up the System, or alternatively,
contact the Helpdesk Support Team on information / guidance on
the process of setting up the System.

5. Payment for Service Provider Fees:


In addition to the Tender Document Fees payable to Public
Works Department, Government of Maharashtra, the Contractors will
have to pay Service Providers Fees of Rs. 1,038/- (Rupees One
Thousand Thirty Eight Only) through online payments gateway
service available on Electronic Tendering System. For the list of
options for making online payments, the Contractors are advised
to visit the link E- Payment Options under the section E-Tendering
Toolkit for Bidders on the Home Page of the Electronic Tendering
System.

Signature of Contractor No. of Corrections Executive Engineer


(10)
B. Steps to be followed by Contractors to participate in the
e-Tenders processed by PWD

1. Preparation of online Briefcase:


All Contractors enrolled on the Electronic Tendering System of
Government of Maharashtra are provided with dedicated
briefcase facility to store documents / files in digital format. The
Contractors can use the online briefcase to store their scanned
copies of frequently used documents / files to be submitted as a
part of their bid response. The Contractors are advised to store the
relevant documents in the briefcase before starting the Bid
Preparation and Hash Submission stage.

In case, the Contractors have multiple documents under the same


type (e.g. multiple Work Completion Certificates) as mentioned
above, the Contractors advised to either create a single .pdf file of
all the documents of same type or compress the documents in a
single compressed file in .zip or .rar formats and upload the same.

It is mandatory to upload the documents using the briefcase facility.


Therefore, the Contractors are advised to keep the documents ready
in the briefcase to ensure timely bid preparation.

Note: Uploading of documents in the briefcase does not mean


that the documents are available to PWD at the time of Tender
Opening stage unless the documents are specifically attached to the
bid during the online Bid Preparation and Hash Submission stage
as well as during Decryption and Re-encryption stage.

2. Online viewing of Detailed Notice Inviting Tenders:

The Contractors can view the Detailed Tender Notice along with the
Time Schedule (Key Dates) for all the Live Tenders released by
PWD on the home page of PWD e-Tendering Portal on
http://pwd.maharashtra.etenders.in under the section Recent
Online Tender.

3. Download of Tender Documents:

The pre qualification/ Main Bidding Documents are available for free
downloading. However to participate in the online tender, the bidder
must purchase the bidding documents via online m o d e by filling
the cost of Tender Form Fee.

Signature of Contractor No. of Corrections Executive Engineer


(11)
4. Online Bid Preparation and Submission of Bid Hash (Seal) of
Bids:
Bid preparation will start with the stage of EMD Payment which
bidder has to pay onling using any one online pay mode as RTGS ,
NEFT or payment getway .

For EMD payment, If bidder use NEFT or RTGS then system will
generate a challan (in two copies). with unique challan No specific to
the tender. Bidder will use this challan in his bank to make
NEFT/RTGS Payment via net banking facility provided by bidder’s
bank.

Bidder will have to validate the EMD payment as a last stage of bid
prepration. If the payment is not realised with bank, in that case
system will not be able to validate the payment and will not allow the
bidder to complete his Bid Preperation stage resulting in
nonparticipation in the aforesaid eTender.

Note:
* Realisation of NEFT/RTGS payment normally takes 2 to 24
hours, so it is advised to make sure that NEFT/RTGS payment
activity should be completed well before time.

* NEFT/RTGS option will be depend on the amount of EMD.

* Help File regarding use of e-Payment Gateway can be


downloaded from e-Tendering portal.

Submission of Bids will be preceded by online bid preparation


and submission of the digitally signed Bid Hashes (Seals) within
the Tender Time Schedule (Key Dates) published in the
Detailed Notice Inviting Tender. The Bid Data is to be prepared in
the templates provided by the Tendering Authority of PWD. The
templates may be either form based, extensible tables and / or
uploadable documents. In the form based type of templates and
extensible table type of templates, the Contractors are required
to enter the data and encrypt the data using the Digital Certificate.

In the uploadable document type of templates, the Contractors are


required to select the relevant document / compressed file
(containing multiple documents) already uploaded in the briefcase.

Notes:
a. The Contractors upload a single document or a compressed file
containing multiple documents against each unloadable option.

Signature of Contractor No. of Corrections Executive Engineer


(12)
b. The Hashes are the thumbprint of electronic data and are based on one –
way algorithm. The Hashes establish the unique identity of Bid Data.
c. The bid hash values are digitally signed using valid Class–II or Class–III
Digital Certificate issued any Certifying Authority. The Contractors are
required to obtain Digital Certificate in advance.

d. After the hash value of bid data is generated, the Contractors cannot make
any change / addition in its bid data. The bidder may modify bids before
the deadline for Bid Preparation and Hash Submission as per Time
Schedule mentioned in the Tender documents.
e. This stage will be applicable during both, Pre-bid / Pre-qualification and
Financial Bidding Processes.

5. Close for Bidding (Generation of Super Hash Values):


After the expiry of the cut – off time of Bid Preparation and
Hash Submission stage to be completed by the Contractors has
lapsed, the Tender will be closed by the Tender Authority.

The Tender Authority from PWD shall generate and digitally sign the
Super Hash values (Seals).

6. Decryption and Re-encryption of Bids (submitting the Bids online):


After the time for generation of Super Hash values by the Tender
Authority from PWD has lapsed, the Contractors have to make the online
payment of Rs. 1,038/- towards the fees of the Service Provider.

After making online payment towards Fees of Service Provider, the


Contractors are required to decrypt their bid data using their
Digital Certificate and immediately re-encrypt their bid data using the
Public Key of the Tendering Authority. The Public Key of the
Tendering Authority is attached to the Tender during the Close for
Bidding stage.

Note: The details of the Processing Fees shall be verified and matched
during the Technical Opening stage.

At this time, the Contractors are also required to upload the files for
which they generated the Hash values during the Bid Preparation
and Hash Submission stage.

The Bid Data and Documents of only those Contractors who have
submitted their Bid Hashes (Seals) within the stipulated time (as per
the Tender Time Schedule), will be available for decryption and re-
encryption and to upload the relevant documents from Briefcase. A
Contractor who has not submitted his Bid Preparation and Hash
Submission stage within the stipulated time will not be allowed to
decrypt / re-encrypt the Bid data / submit documents during the stage
of Decryption and Re-encryption of Bids (submitting the Bids online).

Signature of Contractor No. of Corrections Executive Engineer


(13)
7. Shortlisting of Contractors for Financial Bidding Process:
The Tendering Authority will first open the Technical Bid documents of
all Contractors and after scrutinizing these documents will shortlist
the Contractors who are eligible for Financial Bidding Process. The
shortlisted Contractors will be intimated by e-mail.

8. Opening of the Financial Bids:


The Contractors may remain present in the Office of the Tender Opening
Authority at the time of opening of Financial Bids. However, the results
of the Financial Bids of all Contractors shall be available on the P.W.D
e- Tendering Portal immediately after the completion of opening process.

9. Tender Schedule (Key Dates):


The Contractors are strictly advised to follow the Dates and Times
allocated to each stage under the column “Contractor Stage” as indicated
in the Time Schedule in the Detailed Tender Notice for the Tender. All
the online activities are time tracked and the Electronic Tendering
System enforces time-locks that ensure that no activity or transaction
can take place outside the Start and End Dates and Time of the stage as
defined in the Tender Schedule.

At the sole discretion of the Tender Authority, the time schedule of the
Tender stages may be extended

C) Terms and Conditions For Online-Payments


1. The Terms and Conditions contained herein shall apply to any person
(“User”) using the services of PWD Maharashtra, hereinafter referred to as
“Merchant”, for making Tender fee and Earnest Money Deposit(EMD)
payments through an online Payment Gateway Service (“Service”) offered
by ICICI Bank Ltd. in association with E Tendering Service provider and
Payment Gateway Service provider through PWD Maharashtra website i.e.
http://pwd.maharashtra.etenders.in. Each User is therefore deemed to
have read and accepted these Terms and Conditions.

2. Privacy Policy
The Merchant respects and protects the privacy of the individuals that
access the information and use the services provided through them.
Individually identifiable information about the User is not willfully
disclosed to any third party without first receiving the User’s permission,
as covered in this Privacy Policy.

This Privacy Policy describes Merchant’s treatment of personally


identifiable information that Merchant collects when the User is on the
Merchant’s website. The Merchant does not collect any unique information
about the User (such as User’s name, email address, age, gender etc.)
except when you specifically and knowingly provide such information on
the Website. Like any business interested in offering the highest quality of
service to clients, Merchant may, from time to time, send email to the User
and other communication to tell the User about the various services,
features, functionality and content offered by Merchant’s website or seek
voluntary information from the User.

Signature of Contractor No. of Corrections Executive Engineer


(14)
Please be aware, however, that Merchant will release specific personal
information about the User if required to do so in the following
circumstances:
a) in order to comply with any valid legal process such as a search warrant,
statute, or court order, or available at time of opening the tender

b) if any of User’s actions on our website violate the Terms of Service or any
of our guidelines for specific services, or

c) to protect or defend Merchant’s legal rights or property, the Merchant’s


site, or the Users of the site or;

d) to investigate, prevent, or take action regarding illegal activities, suspected


fraud, situations involving potential threats to the security, integrity of
Merchant’s website/offerings.

3. General Terms and Conditions For E-Payment

1. Once a User has accepted these Terms and Conditions, he/ she may
register on Merchant’s website and avail the Services.
2. Merchant’s rights, obligations, undertakings shall be subject to the laws in
force in India, as well as any directives/ procedures of Government of
India, and nothing contained in these Terms and Conditions shall be in
derogation of Merchant’s right to comply with any law enforcement
agencies request or requirements relating to any User’s use of the website
or information provided to or gathered by Merchant with respect to such
use. Each User accepts and agrees that the provision of details of his/ her
use of the Website to regulators or police or to any other third party in
order to resolve disputes or complaints which relate to the Website shall be
at the absolute discretion of Merchant.

3. If any part of these Terms and Conditions are determined to be invalid or


unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth herein, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms and Conditions shall continue
in effect.

4. These Terms and Conditions constitute the entire agreement between the
User and Merchant. These Terms and Conditions supersede all prior or
contemporaneous communications and proposals, whether electronic, oral,
or written, between the User and Merchant. A printed version of these
Terms and Conditions and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating
to these Terms and Conditions to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.

Signature of Contractor No. of Corrections Executive Engineer


(15)
5. The entries in the books of Merchant and/or the Payment Gateway Service
Providers kept in the ordinary course of business of Merchant and/or the
Payment Gateway Service Providers with regard to transactions covered
under these Terms and Conditions and matters therein appearing shall be
binding on the User and shall be conclusive proof of the genuineness and
accuracy of the transaction.

6. Refund For Charge Back Transaction: In the event there is any claim for/
of charge back by the User for any reason whatsoever, such User shall
immediately approach Merchant with his/ her claim details and claim
refund from Merchant alone. Such refund (if any) shall be effected only by
Merchant via payment gateway or by means of a demand draft or such
other means as Merchant deems appropriate. No claims for refund/ charge
back shall be made by any User to the Payment Gateway Service
Provider(s) and in the event such claim is made it shall not be entertained.

7. In these Terms and Conditions, the term “Charge Back” shall mean,
approved and settled credit card or net banking purchase transaction(s)
which are at any time refused, debited or charged back to merchant
account (and shall also include similar debits to Payment Gateway Service
Provider’s accounts, if any) by the acquiring bank or credit card company
for any reason whatsoever, together with the bank fees, penalties and
other charges incidental thereto.

8. Refund for fraudulent/duplicate transaction(s): The User shall directly


contact Merchant for any fraudulent transaction(s) on account of misuse of
Card/ Bank details by a fraudulent individual/party and such issues shall
be suitably addressed by Merchant alone in line with their policies and
rules.

9. Server Slow Down/Session Timeout: In case the Website or Payment


Gateway Service Provider’s webpage, that is linked to the Website, is
experiencing any server related issues like ‘slow down’ or ‘failure’ or
‘session timeout’, the User shall, before initiating the second payment,,
check whether his/her Bank Account has been debited or not and
accordingly resort to one of the following options:

i. In case the Bank Account appears to be debited, ensure that he/ she does
not make the payment twice and immediately thereafter contact Merchant
via e-mail or any other mode of contact as provided by Merchant to confirm
payment.

ii. In case the Bank Account is not debited, the User may initiate a fresh
transaction to make payment.

However, the User agrees that under no circumstances the Payment


Gateway Service Provider shall be held responsible for such
fraudulent/duplicate transactions and hence no claims should be raised to
Payment Gateway Service Provider No communication received by the
Payment Gateway Service Provider(s) in this regard shall be entertained by
the Payment Gateway Service Provider.

Signature of Contractor No. of Corrections Executive Engineer


(16)
4. Limitation of Liability

1. Merchant has made this Service available to the User as a matter of


convenience. Merchant expressly disclaims any claim or liability arising
out of the provision of this Service. The User agrees and acknowledges that
he/ she shall be solely responsible for his/ her conduct and that Merchant
reserves the right to terminate the rights to use of the Service immediately
without giving any prior notice thereof.

2. Merchant and/or the Payment Gateway Service Providers shall not be


liable for any inaccuracy, error or delay in, or omission of (a) any data,
information or message, or (b) the transmission or delivery of any such
data, information or message; or (c) any loss or damage arising from or
occasioned by any such inaccuracy, error, delay or omission, non-
performance or interruption in any such data, information or message.
Under no circumstances shall the Merchant and/or the Payment Gateway
Service Providers, its employees, directors, and its third party agents
involved in processing, delivering or managing the Services, be liable for
any direct, indirect, incidental, special or consequential damages, or any
damages whatsoever, including punitive or exemplary arising out of or in
any way connected with the provision of or any inadequacy or deficiency in
the provision of the Services or resulting from unauthorized access or
alteration of transmissions of data or arising from suspension or
termination of the Services.

3. The Merchant and the Payment Gateway Service Provider(s) assume no


liability whatsoever for any monetary or other damage suffered by the User
on account of:

(i) the delay, failure, interruption, or corruption of any data or other


information transmitted in connection with use of the Payment
Gateway or Services in connection thereto; and/ or
(ii) any interruption or errors in the operation of the Payment Gateway.

4. The User shall indemnify and hold harmless the Payment Gateway Service
Provider(s) and Merchant and their respective officers, directors, agents,
and employees, from any claim or demand, or actions arising out of or in
connection with the utilization of the Services.

The User agrees that Merchant or any of its employees will not be held liable
by the User for any loss or damages arising from your use of, or reliance upon
the information contained on the Website, or any failure to comply with these
Terms and Conditions where such failure is due to circumstance beyond
Merchant’s reasonable control.

5. Miscellaneous Conditions :

1. Any waiver of any rights available to Merchant under these Terms and
Conditions shall not mean that those rights are automatically waived.

Signature of Contractor No. of Corrections Executive Engineer


(17)
2. The User agrees, understands and confirms that his/ her personal data
including without limitation details relating to debit card/ credit card
transmitted over the Internet may be susceptible to misuse, hacking, theft
and/ or fraud and that Merchant or the Payment Gateway Service
Provider(s) have no control over such matters.

3. Although all reasonable care has been taken towards guarding against
unauthorized use of any information transmitted by the User, Merchant
does not represent or guarantee that the use of the Services provided by/
through it will not result in theft and/or unauthorized use of data over the
Internet.

4. The Merchant, the Payment Gateway Service Provider(s) and its affiliates
and associates shall not be liable, at any time, for any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communications line failure,
theft or destruction or unauthorized access to, alteration of, or use of
information contained on the Website.

5. The User may be required to create his/ her own User ID and Password in
order to register and/ or use the Services provided by Merchant on the
Website. By accepting these Terms and Conditions the User agrees that
his/ her User ID and Password are very important pieces of information
and it shall be the User’s own responsibility to keep them secure and
confidential. In furtherance hereof, the User agrees to;

i. Choose a new password, whenever required for security reasons.


ii. Keep his/ her User ID & Password strictly confidential.
iii. Be responsible for any transactions made by User under such User
ID and Password.

The User is hereby informed that Merchant will never ask the User for the
User’s password in an unsolicited phone call or in an unsolicited email.
The User is hereby required to sign out of his/ her Merchant account on
the Website and close the web browser window when the transaction(s)
have been completed. This is to ensure that others cannot access the
User’s personal information and correspondence when the User happens to
share a computer with someone else or is using a computer in a public
place like a library or Internet café.

6. Debit/Credit Card, Bank Account Details

1. The User agrees that the debit/credit card details provided by him/ her for
use of the aforesaid Service(s) must be correct and accurate and that the
User shall not use a debit/ credit card, that is not lawfully owned by him/
her or the use of which is not authorized by the lawful owner thereof. The
User further agrees and undertakes to provide correct and valid
debit/credit card details.

Signature of Contractor No. of Corrections Executive Engineer


(18)
2. The User may make his/ her payment(Tender Fee/Earnest Money deposit)
to Merchant by using a debit/credit card or through online banking
account. The User warrants, agrees and confirms that when he/ she
initiates a payment transaction and/or issues an online payment
instruction and provides his/ her card / bank details:

i. The User is fully and lawfully entitled to use such credit / debit
card, bank account for such transactions;

ii. The User is responsible to ensure that the card/ bank account
details provided by him/ her are accurate;

iii. The User is authorizing debit of the nominated card/ bank account
for the payment of Tender Fee and Earnest Money Deposit

iv. The User is responsible to ensure sufficient credit is available on the


nominated card/ bank account at the time of making the payment
to permit the payment of the dues payable or the bill(s) selected by
the User inclusive of the applicable Fee.

7. Personal Information
1. The User agrees that, to the extent required or permitted by law, Merchant
and/ or the Payment Gateway Service Provider(s) may also collect, use and
disclose personal information in connection with security related or law
enforcement investigations or in the course of cooperating with authorities
or complying with legal requirements.
2. The User agrees that any communication sent by the User vide e-mail,
shall imply release of information therein/ therewith to Merchant. The
User agrees to be contacted via e-mail on such mails initiated by him/ her.

3. In addition to the information already in the possession of Merchant and/


or the Payment Gateway Service Provider(s), Merchant may have collected
similar information from the User in the past. By entering the Website the
User consents to the terms of Merchant’s information privacy policy and to
our continued use of previously collected information. By submitting the
User’s personal information to us, the User will be treated as having given
his/her permission for the processing of the User’s personal data as set
out herein.

4. The User acknowledges and agrees that his/ her information will be
managed in accordance with the laws for the time in force.

8. Payment Gateway Disclaimer


The Service is provided in order to facilitate payment of Tender
Fees/Earnest Money Deposit online. The Merchant or the Payment
Gateway Service Provider(s) do not make any representation of any kind,
express or implied, as to the operation of the Payment Gateway other than
what is specified in the Website for this purpose. By accepting/ agreeing to
these Terms and Conditions, the User expressly agrees that his/ her use of
the aforesaid online payment service is entirely at own risk and
responsibility of the User.

Signature of Contractor No. of Corrections Executive Engineer


(19)
9. Joint venture is not allowed.

2.0 MANNER OF SUBMISSION OF TENDER AND ITS ACCOMPANIMENTS

2.1 ENVELOPE NO.1 (DOCUMENTS):


The bidder must purchase the bidding documents via online
mode by filling the cost of Tender.
The first envelope Envelope No.1 shall contain the following
documents.
(i) The EMD if applicable will be paid via online mode or valid certificate
of exemption for payment of Earnest Money, as per revised rules for
registration of contractor vide Government Resolution No. CAT-
1096/CR-172/Bldg. dated 20.04.1998 if applicable. (True copy
thereof duly attested by a Gazetted Officer). (To be submitted as per
the tender schedule.)

(ii) Scanned copy of Valid Original Certificate as a Registered


contractor with the Public Works Department, Government of
Maharashtra in appropriate class of Civil Contractor as per N.I.T.
scanned copy should be attested by Gazetted Officer of Public Works
Department.

(iii) Scanned copy of Details of the other works tendered for and in hand
with the value of the work unfinished on the last date of submission
of tender ( In the proforma of statement No. I on Page No.30). The
certificate from the Heads of the Offices under whom the works are
in progress should be attached.

(iv) Scanned copy of the list of owned Machinery immediately available


with the tenderer for use on this work and list of machinery proposed
to be utilised on this work, but not immediately available and the
manner in which it is proposed (In the proforma of Statement No.
II & II-A on page No. 31 & 33)

(v) Scanned Copy of Details of one work of similar type and magnitude
carried out by the contractor during last three years (i.e. 2011-12,
2012-13 and 2013-14, (In the proforma of statement No. III page
No.34)

(vi) Scanned copy of Details of technical personnel on the roll of the


tenderer (In the proforma of statement No. IV on page No.35)

(vii) Scanned copy of Certified copy of partnership deed, in case of a


Non-Proprietary firm tendering for work. (True copy duly attested by
a Gazetted Officer)

Signature of Contractor No. of Corrections Executive Engineer


(20)
(viii Scanned copy of Valid Professional Tax Registration Certificate in
the form of PTR and PTE under Section (1) of Section 5 of
Maharashtra State Tax on Profession, trade, calling & employment
Act 1975, Rule 3(2) for employees including Technical Personnel from
the Professional Tax Officer of the concern districts of Maharashtra
with its latest valid clearance certificate as on 31/03/2014. "No dues
clearance certificate" from competed authority should be submitted.

(ix) Scanned copy of Valid Registration Certificate under Maharashtra


Value Added Tax Act 2005 under Rule No. 8 & 9/ or TIN number
issued by competent authority. The certificate should be valid in the
date of tender opening.

(x) Scanned copy of Power of Attorney if applicable.

(xi) Use of Specialized Machinery :


For carrying out asphalting items of the work, use of specialized
machinery such as per latest MORT&H standard list of machineries
shown in the format as given on Page No. 32, It is necessary for the
contractor to submit the abstract in Statement 2-A, in the format
of NIT. In case, during physical verification of the details supplied
by the bidder if it is found that the machinery is not meeting with
the requirement, his tender in Envelope No.2 will not be opened in
any manner/case.

With a view to ascertain, whether these machinery is in possession of


the contractor and whether he can make available such machinery
immediately for use on the work. The details of machinery as above,
shall be verified by the Department, if required, by physical
verification of machinery owned by the contractor, by visiting sites.
The contractor should produce sufficient documentary evidence
regarding ownership of machinery in support of having owned the
obligatory machinery. The details of these specialised machinery
required to be owned and as per M.O.R.T. & H. direction used on the
work are given on page No.32. (Statement 2-A) of N.I.T. In case,
during physical verification of the details supplied by the bidder if it
is found that the machinery is not meeting with the requirement, his
tender in Envelope No.2 will not be opened in any manner/case. The
proforma of the statement shall not be altered by contractor in any
manner/case.

Scanned copy of all these machinery shall be got approved from


Assistant Chief Engineer (Mechanical) of any Public Works Region of
Maharashtra before submission of the tender. The valid certificates
to this effect shall be produced in Envelope No.1. In the absence of
this certificate, the Envelope No.2 will not be considered for opening.

Signature of Contractor No. of Corrections Executive Engineer


(21)
The contractor shall submit an affidavit in original (as per proforma
given on Page No. 36) to the tender accepting authority on the due
date as per tender schedule regarding availability of owned
machinery in Envelope No. 1 duly Notarised. Affidavit not confirming
to the content in the prescribed formate, will not be accepted and
Envelope No. 2 will not be opened.

(xii) Scanned copy of the certificate by the concerned Sub-Divisional


Engineer (P.W. Sub-Division, Parali) to the effect that the plant to
Paver time by the shortest practicable route to the farthest point of
the length of road under this contract does not exceed 45 Kilometers.

(xiii) All Scanned copy of all Xerox copies submitted in connection with
the tender shall be attested by a Gazetted Officer of Public Works
Department only, otherwise his/ their tender will not be considered
for further action and Envelope No.2 will not be opened.

(xiv) Numbering should be done for all papers contained in Envelope No.1
and indexed.

Note
(i) Even though the bidders meet the above requirements criteria, they
are subject to be disqualified if they have made:

* Misleading or false representation in the forms, statements


and attachments submitted in proof of the qualification
requirements;
and/or
* Record of poor performance such as abandoning the works,
not properly completing the contract, inordinate delays in
completion, litigation history, of financial failures etc.

2.2 ENVELOPE NO. 2 : Tender (Financial Bid)


Refer to section schedule of online tendering procedure at Sr. No.
1.7.

2.3 SUBMISSION OF TENDER :


Refer to Section ‘Guidelines to Bidders on the operations of
Electronic Tendering System of Public Works Department’ for
details.

2.4 OPENING OF TENDERS :


On the date specified in the tender notice following procedure will be
adopted for opening of the tender.

Signature of Contractor No. of Corrections Executive Engineer


(22)
2.4.1 ENVELOPE NO. 1: (Technical Bid)

First of all, Envelope No. 1 (Technical Bid) of the tender will be


opened online to verify its contents as per requirements. If the
various documents contained in this Envelope do not meet the
requirements of the Department, a note will be recorded accordingly
by the tender opening authority and the same tenderer's Envelope
No. 2 (Financial Bid) will not be considered for further action but
the same will be recorded. The decision of tender opening authority
in this regard will be final and binding on the contractor.

2.4.2 ENVELOPE NO. 2 (Financial Bid)


This Envelope shall be open online immediately after opening of
Envelope No.1 only if contents of Envelope No. 1 are found to be
acceptable to the Department and / or fulfill the Qualifying Criteria.
The tendered rates, Percentage above or below the estimated rates
quoted shall be sealed and intimated to contractor through e-mail.

3 EARNEST MONEY
(i) Earnest money of minimum Rs. 53,800/- shall be paid via
online using NEFT/RTGS or payment gateway mode.
After Tender opening, the EMD of the unsuccessful bidder will
be returned to account provided by the bidder during the bid
preparation as given in challan under Beneficiary Account
Number.
(ii) Scanned copy of earnest money exemption certificate will be
accepted in lieu Earnest Money Deposit from the Registered
Contractors of Maharashtra State only.
Earnest Money in the form of cheques or any other form except
above will not be accepted.
(iii) The amount will be refunded to the unsuccessful tenderers on
deciding about the acceptance or otherwise of the tender. In
case of successful tenderer, it will be refunded on his paying
initial Security Deposit and completing the tender documents
in form B-1.
(iv) The amount of earnest money will be forfeited, in case a
successful contractor does not pay the amount of initial
security deposit with in the time specified as stipulated by the
Executive Engineer and complete the contract document. In all
other cases, earnest money will be refundable.

Signature of Contractor No. of Corrections Executive Engineer


(23)
4 SECURITY DEPOSIT :
The total Security Deposit shall be 4% (Four Percent) of amount put
to tender.

The successful tenderer shall have to pay half the security deposit
preferably in the form of National Saving Certificate or in form of
Bank Guarantee (in the forms prescribed by Government) from any
scheduled bank in favour of Executive Engineer, Public Works
Division, Ambajogai within 10 days of acceptance of tender, and the
balance security deposit will be recoverable through the running
account bills as the percentage as shown in item (d) of the
Memorandum in printed B-1 form or as may be decided by the
Executive Engineer during course of execution of the work looking to
the position and circumstances that may prevail, whose orders will
be final and binding on the contractor.

The security deposit for the due performance of the contract shall be
as detailed in the Tender Documents elsewhere. Fifty percent of the
security deposit will have to deposited within ten days of the
acceptance of the tender and the remaining fifty percent will be
recovered from the running account bills at the rate as specified in
the tender from, on the cost of work as per C.S.R prevailing at the
time of acceptance of tender. Amount of total security deposit to be
paid shall be 4% (Four Percent) of the cost of work. Worked out as
per D.S.R. 2013-2014 of respective District.

Initial security deposit may be in Bank Guarantee from in format of


Page 149 to 150 of Tender document for full period of completion of
work and it should be extendable upto expiry of valid extension if
any, as directed by Engineer in charge.

5. Condition for payment of performance security deposit if the


offer received lower than 15% below
In case the tenderer offers the rates lower that 15% below of the
estimated cost put to tender, in that case the tenderer will have to
pay additional security deposit alongwith initial security deposit, for
performance of work, to the extent of amount exceeding 15% below
offer, in the form of demand draft or interest bearing securities
pledged in favour of Executive Engineer, Public Works Division,
Ambajogai for full period of completion of work and it should be
extendable upto expiry of valid extension if any as directed by
Engineer-in-charge. Failing to which such tender will be considered
as withdrawn and their earnest money deposit shall be forfeited to
Government. This additional security deposit shall be refundable
after satisfactorily completion of work.

Signature of Contractor No. of Corrections Executive Engineer


(24)
6. In the event of failure of tenderer to pay cash security deposit within
10 days (unless extended in writing by the Executive Engineer) from
the date of receipt of notice (sent by Registered post) of acceptance of
his tender, the amount of earnest money shall be forfeited to
Government and the acceptance of his tender, shall be considered
withdrawn. Except that in the event of the notice of acceptance of the
tender not being issued within 120 days of the date of opening of
Envelope No.2 (Financial Bid), the tenderer shall have to option (to
be intimated in writing in good time before the expiry of 120 days
period) of withdrawing his tender, in which case the earnest money
should be refunded in full. All the tenders shall remain open for
acceptance for 120 days from the dated fixed for opening of
Envelope No.2 (Financial Bid) and thereafter until it is withdrawn
by the tenderer by notice in writing as per condition No.2 of the
Memorandum on page No. 42 to 44.

7. Earnest money of the unsuccessful tenderers will be refundable on


their application only after an intimation of rejection of their tender
is sent to them or on the expiry of the validity period which ever is
earlier.

8. The acceptance of the tender may be intimated to the contractor


telegraphically or otherwise and either by the officer competent to
accept the tender or any authority in the department including
Government and such intimation shall be deemed to be an
intimation of acceptance of the tender given by the authority
competent to accept the tender.

9. In case there is difference between amount written in figures and


words, the lower offer will be taken as final.

10. Income Tax


The income tax @ 2.00% and surcharge thereon or at the rates
amended from time to time as intimated by competent income tax
authority shall be deducted from bill amount, whether measured bill,
advance payment or secured advance.

11. VAT TAX


Value Added Tax @ 2.00% shall be deducted from the contractor’s
bill amount who are registered under Maharashtra Value Added Tax
Act 2005 and 5% shall be deducted from the contractor’s bill amount
who are not registered under Maharashtra Value Added Tax Act
2005.

Signature of Contractor No. of Corrections Executive Engineer


(25)
12. INSURANCE
As per the Govt. Resolution No. FD/ Insurance-1098/ Case
No.28/98, dated 19-08-1998 and Director of Insurance
Maharashtra, Mumbai letter dated 26-04-2005 Contractor has to
submit Govt. Insurance policy before starting the work, failing
which an amount equivalent to one percent (1%) of the tendered
cost will be recovered from the First Running Account bill of this
work.

13. Royalty Charges :


As per instructions issued vide P.W.D. Government of
Maharashtra Resolution of Revenue and Forest Department No.
Gaukhani-10/1009/CR-309/Kh(1) dated. 11/2/2010 while framing
the estimates, royalty charges for the items of supply of materials
like rubble, metal, crushed metal, soft murum / hard murum,
sand and soil shall be considered in the rate analysis of respective
items @ 70.68 per Cubic Metre (Rs. 200.00 per brass) or actual
and shall be recovered.
The contractor has to pay these charges directly to Revenue
Department and original challans, permission documents shall be
produced to concerned Executive Engineer, If contractor fails to
produce these original documents the royalty charges shall be
recovered from contractor’s bill.
14. BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS :
Building and other construction works on @ 1% or at the rate
a mended from time to time as intimated by the competent
authority of building and other construction workers Welfare Dept.
1996 will be deducted from amount whether measured bill,
advance payment or secured advance.
15. The tender shall be unconditional, conditional tender shall be
summarily rejected.

16 EXAMINATIONS OF DRAWINGS AND SITE CONDITIONS


The tenderers shall in his own interest carefully examine the
drawings, conditions of contract and specifications etc. He shall also
inspect the site and acquaint himself about the climate, physical and
all weather conditions prevailing at site, the nature magnitude,
special features, practicability of the works. All existing and required
means of communications and access to site, availability of housing
and other facilities, the availability of labour and materials, labour
camp site, stores, godown etc. He shall obtain all necessary
information as to the risk, contingencies and other circumstances
which may affect and influence the tender. No claims on any of the
above or any other factors will be entertained by the Government.
should there be any discrepancy or doubt or obscurity to be observed

Signature of Contractor No. of Corrections Executive Engineer


(26)
by him, he shall set forth in writing such discrepancies, doubts,
obscurity and submit the same to the Executive Engineer, Public
Works Division, Ambajogai for elucidation as soon as possible.

17 TIME LIMIT
The work is to be completed within time as specified in the N.I.T.
which shall be reckoned from the date of written order of
commencing the work and shall be inclusive of monsoon period.

18. TENDER RATE


No alteration in the form of tender and the schedule of tender and no
additions in the scope of special stipulation will be permitted. Rates
quoted for the tender shall be taken as applicable to all leads and
lifts.

19. TENDER UNITS


The tenderers should particularly note the unit mentioned in the
schedule "B" on which the rates are based. No change in the units
shall be allowed. In the case of difference between the rates written
in figures and in words, the correct rate will be one, which is lower of
the two.

20. TENDER ACCEPTANCE


Acceptance of tender will be rest with the Superintending Engineer
Public Works Circle, Osmanabad who reserves the right to reject
any or all tenders without assigning any reason therefore. The
tenderer whose tender is accepted will have to enter into a regular B-
1 agreement within 10 days of being notified to do so. In case failure
on the part of Tenderer to sign the agreement within the stipulated
time, the earnest money paid by him shall stand forfeited to the
Government and the offer of the tenderer shall considered as
withdrawn by him.

21. CONDITIONAL TENDER :


The tenders who do not fulfill the condition of the notification and
the general rules and directions for the guidance of contractor in the
agreement form or are incomplete in any respect are likely to be
rejected without assigning any reason therefore.

The Tenders shall be presumed to have carefully examined the


drawings, conditions and specifications of the work and have fully
acquainted themselves with all details of the site, the conditions of
rock and its joints, pattern, river, weather characteristics, labour
conditions and in general with all the necessary information and
data pertaining to the work, prior to tendering for the work.

Signature of Contractor No. of Corrections Executive Engineer


(27)
The data whatsoever supplied by the Department along with the
tender documents are meant to serve only as guide for the tenderers
while tendering and the Department accepts no responsibility
whatsoever either for the accuracy of data or for their
comprehensiveness.

The quarries for extraction of metal, murum etc. provided in the


sanctioned estimate are as per survey conducted by the Department.
The Contractor should however examine these quarries and see
whether full quantity of materials required for execution of the work
strictly as per specification are available in these source before
quoting the rates. In case the materials are not available due to
reasons whatsoever, the contractor will have to bring the materials
from any other source with no extra cost to Government. The rates
quoted, should therefore be for all leads and lifts from wherever the
materials are brought at site of work and inclusive of royalty to be
paid to the Revenue Department by the Contractor.

22. POWER OF ATTORNEY


If the tenderers are a firm or company, they should in their
forwarding letter mentioning the names of all the partners together
with the name of person who holds the power of attorney if any,
authorising him to conduct all transactions on behalf of the body,
alongwith the tender and scanned it with envelope No.1.

23. The contractor or the firms tendering for the work shall inform the
Department if they appoint their authorised agent on the work.
24. No foreign exchange will be released by the Dept. for the purchase of
plants and machinery for the work by the contractor.

25. Any dues arising out of contract will be recovered from the contractor
as arrears of Land Revenue if not paid amicable. Moreover, recovery
of Government dues from the contractors will be effected from the
payments due to the contractor from any other Government works
under execution with them.

26. VALIDITY PERIOD:


The offer shall remain open for acceptance for minimum period of
120 days from the Date of opening of envelope No.2 (Financial Bid)
and thereafter until it is withdrawn by the contractor by notice in
writing duly addressed to the authority opening the tender and sent
by Registered Post Acknowledgement due. (ref. to memorandum on
Page 42 to 44 of B1 form chapter).

Signature of Contractor No. of Corrections Executive Engineer


(28)
27. The contractor will have to sign the hard copy of the tender papers
and the drawings according to which the work is to be carried out,
the contractor shall also have to give a declaration to the effect that
he has fully studied the plans, specifications, local conditions, and
availability of labour and materials and that he has quoted his rates
with the consideration to all these factors

28. The right is reserved to revise or amend the contract documents prior
to the dated notified for the receipt of tenders or extended date. Such
deviations, amendments or extensions, if any, shall be
communicated in the form of corrigendum by letter or/ and by notice
in News Papers as may be considered suitable.

29. The Tenderers, which do not fulfill all or any of the conditions or are
incomplete in any respect are liable to summarily rejection.

30. Right to reject any or all tenders without assigning reason therefor is
reserved. The acceptance of the tender lies with the Superintending
Engineer, Public Works Circle, Osmanabad.

31. E-Tendering Notice shall form part of the tender agreement.

32. Instruction to Contractor :

32.1 In case the tenderer whose offer is found lowest is requested to


negotiate and reduce the offer, if the contractor does not respond
within a period of 10 days the tender accepting authority without
issuing any reminder reserves the right to reject such tender.

32.2 In case the contractor who is informed of acceptance of his tender,


does not remit the initial Security Deposit within a period of 10 days,
the tender accepting authority reserves the right to forfeit the
Earnest Money Deposit without issuing any reminder to take further
action according to the tender provision.

32.3 As per Government instruction it is proposed to make payment of


Contractors bills through ECS / NEAFT System. For this purpose
Contractor should open his Bank account in a bank having core
banking facility only.

Signature of Contractor No. of Corrections Executive Engineer


(29)
STATEMENT NO.I
STATEMENT OF LIST OF WORKS IN HAND AND WORK TENDERED
FOR AS ON THE LAST DATE OF SUBMISSION OF THIS TENDER.

Name of Contractor:

(i) Works in Hand


Sr. Name Agree- Tendered Date of Stipula- Value Value of Probable Rem-
No. of ment Amount Commen- ted of Balance Date of arks
Works No. cement date of Work work to Comple-
Comple- alraedy be tion
tion Done executed
in next
12
months

1 2 3 4 5 6 7 8 9 10

SAMPLE FORM

(ii) Works Tendered For


Sr. Name of Name and Tendered Time Probable Other
No. Work Address of Amount Limit Date when relevant
Client decision is details if
expected any
1 2 3 4 5 6 7

SAMPLE FORM

Note : 1) This is only a standard form. Details are to be furnished in this


format in the form of type written statements which shall be
Scanned and Enclosed in Envelope No.1 duly signed.

2) The documentary proof of work in hand, work tendered for


should be submitted with this statement duly attested by
Gazetted Officer.

Signature of Contractor

Signature of Contractor No. of Corrections Executive Engineer


(30)
STATEMENT NO.II

DETAILS OF PLANTS AND MACHINERY IMMEDIATELY AVAILABLE


WITH THE TENDERER FOR THIS WORK.

NAME OF THE TENDERER :-

Sr. Name of No. of Kind & Capacity Age & Present Remarks
No. Equipment Units Make Condition Location

1 2 3 4 5 6 7 8

SAMPLE FORM

Note : 1) This is only a standard form. Details are to be furnished in this


format in the form of type written statements which shall be
Scanned and Enclosed in Envelope No.1 duly signed.

2) The documentary proof of Plants & Machinery immdiately


available with tenderer for this work should be submitted with
this statement duly attested by Gazetted Officer.

Signature of Contractor

Signature of Contractor No. of Corrections Executive Engineer


(31)
STATEMENT No.2 'A'
QUESTIONNAIRE OF MACHINERY
(Proforma for information regarding availability of machinery required for this
work)

1 Electronic Controlled Drum Mix Plant having One Number


minimum capacity of 30 to 40 Tonnes per Hour Own
conforming to para 504.3.4 of M.O.R.T.H.
specifications (of 2000)
2 PAVER FINISHER One Number
Own
3 Mechanical Sprayer One Number
Own
4 Vibratory roller Two Number
Own
5 BOUZER 10 MT capacity for conveyance of Asphalt One Number
Own
6 Truck/ Tippers Two Number
Own
7 Water Tanker (5000 Liters) One Number
Own
8 Hydraulic broom One Number
Own
9 Nuclear Density Gauge One Number
Own

QUESTION No.1
Is the above machinery is owned by you and available with you for
immediate deployment on this work?

If "Yes" give following information.

Type of Number Names of Location Output in Quantity in


Machinery of Unit works on tonnes of tonnes of hot mix
which mix per balance for
deployed day execution on
at present works in hand.
1 2 3 4 5 6
Sample Form

The contractor must own aforesaid machinery and be actually in his


possession at the time of submission of tender. And for ownership of bouzer
contractor must enclose scanned copy of R.T.O.’s R. C. book showing
bouzer’s registration and other details in Envelope No.1. The contractor
shall include ownership document for other machinery’s.

Signature of Contractor No. of Corrections Executive Engineer


(32)
The location of hot mix plant shall be within a distance of 45 Kilometres
from the farthest point of the length of road under this contract. The
Contractor shall also submit a sketch showing existing location of plant in
Envelope No.1, failing which the Envelope No.2 shall not be opened.

The certificate by the concerned Sub-Divisional Engineer, (P. W. Sub-


Division, Parali) to the effect that the plant to Paver time by the shortest
practicable route to the farthest point of the length of road under this
contract does not exceed 45 Kilometers will be final and conclusive. This
scanned copy of this certificate has to be enclosed in the Envelope No.1,
failing which it will be presumed that the bidder's plant does not fulfill the
criteria of Plant to Paver travel time being within distance of 45 Kilometers.

Signature of the Bidder

Signature of Contractor No. of Corrections Executive Engineer


(33)
STATEMENT NO.III
DETAILS OF WORKS SIMILAR TYPE AND MAGNITUDE CARRIED
OUT BY THE CONTRACTOR DURING LAST THREE YEARS
(i.e. 2011-12, 2012-13 & 2013-14)
NAME OF THE TENDERER :
Sr. Name Name and Place Agre- Date of Tend- Total Date Principle
No. of Adress of and ement Com- red Cost of features
Work the Country No. menc- Cost of Com- in brief
organis- ement Work pleti-
ation for Done on
whom the
work was
done
1 2 3 4 5 6 7 8 9 10

---------SAMPLE FORM-------

Note : This is only a standard form; details are to be furnished in this


format in the form of type written statements which shall be Scanned
and Enclosed in Envelope No.1 duly signed. The documentary proof of
similar type and magnitude should be submitted with statement.

Signature of Contractor No. of Corrections Executive Engineer


(34)
STATEMENT NO.IV

DETAILS OF TECHNICAL PERSONNEL AVAILABLE WITH THE


CONTRACTOR WHICH CAN BE SPREAD EXCLUSIVELY FOR THIS
WORK
NAME OF THE CONTRACTOR :

Sr. Name of Designation Qualification Whether Professional which Remarks


No. Person working Experience the
in field of work person is
or in carries out working
office. with the
tenderer.
1 2 3 4 5 6 7 8

SAMPLE FORM

Note : This is only a standard form. Details are to be furnished in this format in the
form of type written statements, which shall be Scanned and Enclosed in
Envelope No.1 duly signed. The documentary proof of his Technical persons
should be submitted with this statement.

Signature of Contractor

Signature of Contractor No. of Corrections Executive Engineer


(35)
(On Stamp Paper worth Rupees 100/-)

ºÉiªÉ|ÉÊiÉYÉÉ ±ÉäJÉ (Affidavit)

¨ÉÒ ................................................................ ´ÉªÉ ............... ´É¹ÉÇ


®úɽþhÉÉ®ú ............................................................................................ ªÉÉ
ºÉiªÉ|ÉÊiÉYÉÉ ±ÉäJÉÉuùÉ®äú ʱɽÚþxÉ näùiÉÉä EòÒ, ¨ÉÒ .....................................................
................................................... ªÉÉ EÆò{ÉxÉÒSÉÉ / ¡ò¨ÉÇSÉÉ |ÉÉä{ÉɪÉ]õ®ú / ¦ÉÉMÉÒnùÉ®ú +ºÉÚxÉ
.................................................................................. ªÉÉ EòɨÉɺÉÉ`öÒ ÊxÉÊ´ÉnùÉ
ºÉÉnù®ú Eäò±ÉÒ +ɽäþ. ºÉnù®ú ÊxÉÊ´Énäù ¨ÉvªÉä =¹hÉʨÉʸÉiÉ (Hot Mix Hot Laid) b÷ÉƤɮúÒEò®úhÉÉSªÉÉ
EòɨÉÉSÉÉ ºÉ¨ÉÉ´Éä¶É +ºÉÖxÉ ºÉnù®ú EòÉ¨É Eò®úhÉä Eò®úÒiÉÉ +ɴɶªÉEò ªÉÆjɺÉɨÉÖOÉÒ VɺÉä ½þÉì]õʨÉCºÉ/ bÅ÷¨É
ʨÉCºÉ {±ÉÄ]õ, {Éä´½þ®ú Ê¡òÊxɶɮú, ¨ÉäEìòÊxÉEò±É +º¡òÉì±]õ º|Éä+®ú, ´½þɪɥÉä]õ®úÒ ®úÉä±É®ú, º]ìõ]õÒEò ®úÉä±É®ú <Ç
ºÉ´ÉÇ |ÉEòÉ®úSÉÒ +ɴɶªÉEò ªÉÆjɺÉɨÉÖOÉÒ (Machinery) ½þÒ ¨ÉÉZªÉÉ º´ÉiÉ:SªÉÉ ¨ÉɱÉEòÒSÉÒ +ºÉÖxÉ
ºÉƤÉvÉÒiÉ EòɪÉÇEòÉ®úÒ +ʦɪÉÆiÉÉ ´É ºÉƤÉvÉÒiÉ ={É +ʦɪÉÆiÉÉ ½äþ ºÉÖSÉxÉÉ näùiÉÒ±É iªÉÉ´Éä³ýÒ iɺÉäSÉ iÉÒ EòɨÉ
ºÉÖ¯û Eò®úhªÉÉ{ÉÖ´ÉÔ EòɨÉÉSªÉÉ Ê`öEòÉhÉÒ ÊxÉÊ´ÉnùÉ ¶ÉiÉÔxÉÖºÉÉ®ú ={ɱɤvÉ Eò¯ûxÉ näùhªÉÉSÉä ¨ÉÒ |ÉÊiÉYÉÉ{ÉjÉÉ´nùÉ®äú
¶É{ÉlÉ{ÉÖ´ÉÔ ¨ÉÉxªÉ Eò®úÒiÉ +ɽäþ.
´É®ú xɨÉÖnù Eäò±ªÉÉ|ɨÉÉhÉä ´É®úÒ±É +ɴɶªÉEò ªÉÆjɺÉɨÉÖOÉÒ ={ɱɤvÉ Eò¯ûxÉ näùhªÉÉiÉ ¨ÉÉZªÉÉEòbÖ÷xÉ
EòºÉÖ®ú ZÉɱªÉÉºÉ ºÉƤÉvÉÒiÉ IÉäÊjÉªÉ +ÊvÉEòÉ®úÒ (Engineer-in-charge) ºÉnù®ú EòɨÉÉSªÉÉ ÊxÉÊ´Énäù
¤ÉɤÉiÉ VÉÒ EòɪÉÇ´ÉɽþÒ Eò®úiÉÒ±É ¨ÉÒ ¨É±ÉÉ ¨ÉÉxªÉ +ºÉÖxÉ, ªÉÉ ¤ÉɤÉiÉ ÊxÉÊ´Énäù ¨ÉvÉÒ±É +]õÒ/ ¶ÉiÉÔxÉÖºÉÉ®ú ¨ÉÒ
EòɪÉnäù¶ÉÒ®ú EòɪÉÇ´ÉɽþÒºÉ {ÉÉjÉ +ɽäþ ´É ®úɽþÒxÉ. iɺÉäSÉ ÁÉ ÊxÉÊ´ÉnäùSªÉÉ Envelope No.1 ¨ÉvªÉä VÉÒ
EòÉMÉnù{ÉjÉä ºÉÉnù®ú Eäò±ÉÒ +ɽäþiÉ. iÉÒ JÉ®úÒ, ¤É®úÉä¤É®ú ´É {ÉÚhÉÇ +ɽäþiÉ. ÁɨÉvªÉä EòÉähÉiªÉɽþÒ jÉÖ]õÒ, SÉÖEòÉ
xÉɽþÒiÉ +ºÉä ¶É{ÉlÉ{ÉÚ´ÉÇEò ¨ÉÉxªÉ Eò®úÒiÉ +ɽäþ. ÁÉ EòÉMÉnù{ÉjÉÉƨÉvªÉä EòɽþÒ SÉÖEòÒSÉÒ Ênù¶ÉɦÉÚ±É Eò®úhÉÉ®úÒ,
JÉÉä]õÒ iɺÉäSÉ +{ÉÚhÉÇ ¨ÉÉʽþiÉÒ +Éfø³ý±ªÉÉºÉ ¨ÉÒ EòɪÉnäù¶ÉÒ®ú EòɪÉÇ´ÉɽþÒºÉ {ÉÉjÉ +ɽäþ ´É ®úɽþÒxÉ.

EÆòjÉÉ]õnùÉ®úÉSÉÒ ºÉ½þÒ

Signature of Contractor No. of Corrections Executive Engineer


(36)
FORM B-1
PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS

DEPARTMENT : PUBLIC WORKS DEPARTMENT


CIRCLE : PUBLIC WORKS CIRCLE, OSMANABAD
DIVISION : PUBLIC WORKS DIVISION, AMBAJOGAI

Name of Work: B.T. Renewal to Parali Dharmapuri Road SH-233 Km.


15/500 to 18/200 (Actual Km. 15/500 to 17/500)
Tq. Parali Dist. Beed

GENERAL RULES AND DIRECTIONS FOR GUIDANCE OF


CONTRACTORS

1. All works proposed to be executed by contract shall be notified in a


form of invitation to tender Online e-Tendering System also posted
on a board hung up in the office the Executive Engineer and signed
by the Executive Engineer, Public Works Division, Ambajogai.

This form will state the work to be carried out as well as the date for
submitting and opening tenders, and the time allowed for carrying
out the work, also the amount of earnest money to be deposited with
the tender, and the amount of the security deposit to be deposited by
the successful tenderer and the percentage, if any, to be deducted
from bills. It will also state whether a refund of a quarry fees,
royalties and ground rents will be granted. Copies of the
specifications designs and drawings and estimated rates, scheduled
rates and any other documents required in connection with the work
shall be signed by the Executive Engineer for the purpose of
identification and shall also be open for inspection by contractors at
the office of the Executive Engineer during office hours.

2. In the event of the tender being submitted by a firm, it must be


signed separately by each partner thereof or in the event of the
absence of any partner, it shall be signed on his behalf by a person
holding a power of attorney authorising him to do so.

Signature of Contractor No. of Corrections Executive Engineer


(37)
2 (A) (I) The contractor shall pay alongwith the tender the sum of
Rs. 53,800/- [Rupees Fifty Three Thousand Eight Hundred
Only] as paid by way of earnest money. Earnest money shall
be paid via online using NEFT/RTGS or payment gateway
mode. The said amount of earnest money shall not carry any
interest whatsoever.

II) In the event of his tender being accepted, subject to the


provisions of sub clause (iii) below, the said amount of earnest
money shall be appropriated towards the amount of security
deposit payable by him under conditions of General Conditions
of contract.

III) If after submitting the tender, the contractor withdraws his


offer, or modifies the same, or if after the acceptance of his
tender the contractor fails or neglects to furnish the balance of
security deposit without prejudice to any other rights and
power of the Government, hereunder, or in law, Government
shall be entitled to forfeit the full amount of the earnest money
deposited by him.

IV) In the event of his tender not being accepted, the amount of
earnest money deposited by the contractor, shall unless it is
prior thereto forfeited under the provisions of sub-clause [iii]
above, be refunded to him on his passing receipt therefor.

3. Receipts for payments made on account of any work, when executed


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

4. Any person who submits a tender shall fill-up the usual printed form
stating at what percentage above or below the rates specified in
Schedule `B' [memorandum showing items of work to be carried out]
or appropriate place while quoting rate through e-tendering, he is
willing to undertake the work. Only one rate or such percentage on
all the Estimated rates/Scheduled rates shall be named. Tenders
which propose any alteration in the works specified in the said form
of invitation to tender, or in the time allowed for carrying out the
work, or which contain any other conditions, will be liable to
rejection. No printed form of tender shall include a tender for more
than one work, but if contractors wish to tender for two or more

Signature of Contractor No. of Corrections Executive Engineer


(38)
works, they shall submit a separate tender for each. Tenders shall
have the name and number of the work to which they refer, written
outside the envelope.

5. The Superintending Engineer, Public Works Circle, Osmanabad or


his duly authorised Assistant shall open tenders in the presence of
contractors who have submitted tenders or their representative who
may be present at the time, and he will enter the amounts of the
several tenders in a comparative statement in a suitable form. In the
event of a tender being accepted, the contractors shall, for the
purpose of identification, sign copies of the specifications and other
documents mentioned in Rule 1. In the event of a tender being
rejected, the Divisional Officer shall refund the amount of
earnest money deposited by the contractor online.

In the event of tender being rejected, the Executive Engineer shall


authorise the Treasury Officer/ Bank concerned to refund the
amount of the earnest money deposited, to the contractor making the
tender, on his giving a receipt for the return of the money.

6. The Officer competent have the right of rejecting all or any of the
tenders without assigning any reason.

7. No receipt for any payment alleged to have been made by a


contractor in regard to any matter relating to this tender or the
contract shall be valid and binding on Government unless it is signed
by the Executive Engineer.

8. The memorandum of work to be tendered for and the schedule of


materials to be supplied by the Public Works Department and their
rates shall be filled in and completed by the office of the Executive
Engineer before the tender form is issued. If a form issued to an
intending tenderer has not been so filled in and completed he shall
request the said office to have this done before he completes and
delivers this tender.

9. All work shall be measured net by standard measurer and according


to the rules and customs of the Public Works Department without
reference to any local custom.

10. Under no circumstances shall any contractor be entitled to claim to


enhanced rates for items in this contact.

Signature of Contractor No. of Corrections Executive Engineer


(39)
11. Every registered contractor should produce along with his tender
certificates of registration as approved contractor in the appropriate
class and renewel of such registration with date of expiry. (copies to
be attested by Gazetted Officer.)

12. All correction and additions or pasted slips should be initialed.


13. The measurement of work will be taken according to the usual
method in use in the Public Works Department and no proposals to
adopt alternative methods will be accepted. The Executive Engineer's
decision as to what is usual method in use Public Works Department
will be final.

14. Every tenderer shall submit along with the tender, information
regarding the income-tax circle or ward of the district in which he is
assessed to income tax the reference number of the assessment year.

15. In view of the difficult position regarding the availability of foreign


exchange no foreign exchange would be released by the Department
for the purchase of plant and machinery required for execution of the
work contracted for.

16. The tendering contractor shall furnish a declaration along with the
tender showing all works for which he has already entered into
contract and the value of the work that remains to be executed in
each case on the date of submitting the tender. [With certificate from
the head of the office concerned].

17. The contractor will have to construct shed for storing controlled &
valuable materials brought by him at work site, at contractors cost.
The material will be taken for use in the presence of departmental
person. No material will be allowed to be removed from site of work.

18. The contractors shall also give a list of machinery in their possession
and which they purpose to use on the work in the form of statement
No 2 & 2-A on page No. 31 & 33.

19. Successful tenderer will have to produce to the satisfaction of the


accepting authority a valid and current license issued in his favour
under the provision of Contract Labour (Regulation and Abolition)
Act, 1970 before starting work, failing which acceptance of the tender
will be liable for withdrawal and earnest money will be forfeited to
Government.

Signature of Contractor No. of Corrections Executive Engineer


(40)
20. The contractor shall comply with the provision of the Apprentices Act
1961 and the rules and orders issued thereunder from time to time if
he fails to do so, his failure will be breach of contract and the
Superintending Engineer, may in his discretion cancel the contract.
The contractor shall also be liable for any pecuniary liability arising
on account of any violation by him of the provisions of the Act.

TENDER FOR WORKS

1. I/We hereby tender for the execution,


for the Governor of Maharashtra
(hereinbefore and hereinafter referred to
as `Government') of the work specified in
the under written memorandum within
the time specified in such memorandum
at the rate quoted by me at specified
place provided online in envelope No.2
(E-2) percent below/ above the estimated
* In figure as rates entered in Schedule `B'
well as in (Memorandum showing items of work to
words. be carried out) and in accordance in all
respects with the specifications, designs,
drawings and instructions in writing
referred to in Rule 1 hereof and Clause 13
of the annexed conditions of contract and
agree that when materials for the work are
provided by the Government, such
materials and the rates to be paid for
them shall be as provided in Schedule `A'
hereto.

Signature of Contractor No. of Corrections Executive Engineer


(41)
MEMORANDUM
1. General Description
a] General Description Name of Work: a] If several sub-
B.T. Renewal to Parali works are included
Dharmapuri Road SH- they should be
233 Km. 15/500 to detailed in a separate
18/200 (Actual Km. list.
15/500 to 17/500) Tq.
Parali Dist. Beed

b] Estimated Cost Rs. 53,80,892.00

c] Earnest Money Rs. 53,800.00 c] The amount of


earnest money to be
deposited shall be in
accordace with the
provisions of paras.
206 & 207 of the
M.P.W. Manual.

d] Security Deposit d] This deposit shall


be in accordance
i] Cash [Not less than Rs. 1,07,600.00
with paras, 213 &
the amount of earnest 214 of the M.P.W
money] Manual.
Rs. 1,07,600.00
------------------------------
ii] To be deducted from Rs. 2,15,200.00
current bills
TOTAL Rs.
e] Percentage, if any to be e] This percentage
where no security
deducted from bills so deposit is taken will
as to make up the total 4% vary from 5% to 10%
amount required as (Four Percent) according to the
security deposit by the requirements of the
case. Where security
time half the work as deposit is taken, see
measured by the cost is note to clause 1 of
done. conditions of the
contract.
f] Time allowed for the 12 (Twelve) f] Give schedule
Calendar Month where necessary
completion of work from showing dates by
date fixed in written [Including Monsoon which the various
order to commence, Season] items are to be
Calendar months. completed.

Signature of Contractor No. of Corrections Executive Engineer


(42)
2. I/We agree that this offer shall remain open for acceptance for a
minimum period of 120 days from the date fixed for opening the
same means envelope No.2 and thereafter until it is withdrawn by
me/us by notice in writing duly addressed to the authority opening
the tenders and sent by registered post A.D. or otherwise delivered at
the office of such authority, "Treasury/Bank Challan No. and Date of
or Term Deposit Receipt for a period of one year Receipt No.
_______________________ date ____________ in respect of the sum of
Rs. 53,800/-(Rupees Fifty Three Thousand Eight Hundred Only)
representing the earnest money is herewith forwarded. The amount
of earnest money shall not bear interest and shall be liable to be
forfeited to the Government should I/We fail to (i) abide by the
stipulation to keep the offer open for the period mentioned above or
ii) Sign and complete the contract documents as required by the
Engineer and furnish the security deposit as specified in item (d) of
the Memorandum contained in Paragraph (1) above within the time
limit laid down in clause [i] of the annexed General conditions of
contract. The amount of earnest money may be adjusted towards the
security deposit or refunded to me/us if so desired by me/us in
writing, unless the same or any part thereof has been forfeited as
aforesaid.

3. I/We, have secured exemption from payment of earnest money after


executing the necessary bond in favour of the Government a true
copy of which is enclosed herewith. Should any occasion for forfeited
of earnest money for this work arise due to failure on my/our part to
[i] abide by the stipulation to keep the offer open for the period
mentioned above or [ii] sign and complete the contract documents
and furnish the security deposit as specified in item [d] of the
Memorandum contained in paragraph [i] above within the time limit
laid down in clause [1] of the annexed General conditions of the
contract the amount payable by me/us may at the option of Engineer
, be recovered out of the amount deposited in lumpsum for securing
exemption in so far as the same may extend in terms of the said
bond and in the event of the deficiency out of any other money which
are due or payable to me/us by the Government under any other
contract or transaction of any nature whatsoever or otherwise.

4. Should this tender be accepted I/We hereby agree to abide by and


fulfill all the terms, and provisions of the conditions of contract
annexed hereto so far as applicable and in default thereof to forfeit
and pay to Government the Sums of money mentioned in the said
conditions.

Signature of Contractor No. of Corrections Executive Engineer


(43)
Receipt No. ____________________ dated __________ from the Government
Treasury or Sub Treasury at _______________ in respect of the sum of Rs.
___________________ (Rupees in words ____________
____________________________________________) is herewith forwarded
representing the earnest money (a) the full value of which is be absolutely
forfeited to Government should I/ We not deposit the full amount of
security deposit specified in the above memorandum, in accordance clause
1(A) of the said conditions, otherwise the said sum of Rs.
__________________ shall be refunded. (Strike out (a) if no cash security
deposit is to be taken.)

Contractor ................................................... (Signature of Contractor)


Address ....................................................before submission of tender.
.......................................................................
Date the ______ day of_________ 201....

(Witness) ................................................... (Signature of Witnessed)


Address ....................................................to contractor's signature.
Occupation ....................................................

"The above tender is hereby accepted by me for


and on behalf of the Governor of Maharashtra.

...................................................................................................................
...................................................................................................................
...................................................................................................................

* Signature of the Executive Engineer


Officer by whom accepted. Public Works Division, Ambajogai
Dated_________ day of___________201__

Signature of Contractor No. of Corrections Executive Engineer


(44)
CONDITIONS OF THE CONTRACT
CLAUSE 1. : :-
Security The person/ persons whose tender may be accepted
Deposit. (hereinafter called the contractor, which expression shall
unless excluded by or repugnant to the context include
his heirs executors, administrators, and assigns) shall (a)
within 10 days (which may be extended by the Executive
Engineer / Superintending Engineer or the Chief
Engineer concerned up to one month / two month /
three months respectively if the Executive Engineer /
Superintending Engineer / Chief Engineer thinks fit to
do so ) of the receipt by him of the notification of the
acceptance of his tender deposit with the Executive
Engineer in cash or Government securities endorsed to
the Executive Engineer (if deposited for more than 12
months) of sum sufficient which will make up the full
security deposit specified in the tender or Permit
Government at the time of making any payment to him
for work done under the contract to deduct such some as
will amount to Four percent of all money so payable
such deductions to be held by Government by way of
security deposit. Provided always that in the event of the
contractor depositing lumpsum by way of security
deposit as contemplated at (a) above then and in such
case, if the sum so deposited shall not amount to Four
Percent of the total estimated cost of the work, it shall
be lawful for Government at the time of making any
payment to the contractor for work done under contract
to make up the full amount of Four percent by
deducting a sufficient sum from every such payment as
last aforesaid until the full amount of the security
deposit is made up. All compensation or other sums of
money payable by the contractor to the Government
under the terms of his contract may be deducted from or
paid by the sale of sufficient part of his security deposit
or from the interest arising therefrom, or from any sums
which may be due or may become due by Government to
the contractor under any other Contract or transaction
of any nature on any account whatsoever and in the
event of his security deposit being reduced be reason of
any such deduction or sale as aforesaid, the contractor
shall within 10 days thereafter, make good in cash or
Government securities, endorsed as aforesaid any sum
or sums which may have been deducted from or raised
by sale of his security deposit or any part thereof. The

Signature of Contractor No. of Corrections Executive Engineer


(45)
security deposit referred to when paid in cash may, at
the cost of the depositor, be converted into interest
bearing securities provided that the depositor has
expressly desired this writing.

If the amount of the security deposit to be paid in a lump


sum within period specified at (a) above is not paid the
tender/ contract already accepted shall be considered as
cancelled and legal steps taken against the contractor for
recovery of the amounts, The amount of the security
deposit lodged by a Contractor shall be refunded along
with the payment of the final bill, if the date which the
contractor has agreed to maintain the work in good order
is over, if such date is not over only 50% amount of
security deposit shall be refunded along with the
payment of the final bill. The amount of the 50% Security
deposit retained by the Government shall be released
after expiry of period upto which the Contractor has
agreed to maintain the work in good order is over as per
Clause 20 of this agreement. In the event of the
contractor failing or neglecting to complete rectification
work, within the period upto which the contractor has
agreed to maintain the work in good order , then subject
to provisions of clauses 17 and 20 hereof the amount of
Security Deposit retained by Government shall be
adjusted towards the excess cost incurred by the
department on rectification work.

The amount retained towards defect liability period in


pursuant to clause 20 shall not be in the form of Bank
Guarantee.

Note : This will be the same percentage as that in the


tender at (e).

CLAUSE 2 :

Compensation The time allowed for carrying out the work as entered in
for Delay. the tender shall be strictly observed by the contractor
and shall be reckoned from the date on which the order
to commence work is given to the contractor. The work
shall through out the stipulated period of the contract be
proceeded with, with all due diligence and the contractor
shall pay as compensation an amount equal to one
percent or such smaller amount as the Superintending
Engineer (whose decision in writing shall be final ) may

Signature of Contractor No. of Corrections Executive Engineer


(46)
decide of the amount of the estimated cost of the whole
work as shown by the tender for every day that the work
remains uncommented or unfinished after the proper
dates. And further to ensure good progress during
execution of the work, the contractor shall be bound in
all cases in which the time allowed for any work exceeds
one months to complete.
The contractor should complete the work as per phase
given below.

25% of the work in 1/4 of the time


50% of the work in 1/2 of the time
75% of the work in 3/4 of the time
Full work will be completed in 12 (Twelve) calendar
months (Including monsoon season).

In the event of the contractor failing to comply with this


condition he shall be liable to pay as compensation an
amount equal to one percent or such smaller amount as
the Superintending Engineer (whose decision in writing
shall be final) may decide of the said estimated cost of
the whole work for every day that the due quantity of
work remains incomplete. Provided always that the total
amount of compensation to be paid under the provisions
of this clause shall not exceed 10% of the estimated cost
of the whole work as shown in the tender.

The Superintending Engineer should be final authority in this


respect irrespective of the fact that the tender is accepted by
the Chief Engineer / Superintending Engineer/ Executive
Engineer.

CLAUSE 3 :
Action when
whole of In any case in which under any clause or clauses of this
Security contract the contractor shall have tendered himself liable
Deposit is to pay compensation amounting to the whole of his
Forfeited. security deposit (whether paid in one sum or deducted
by installments ) or in case of abandonment of the work
owing to serious illness or death of the Contractor or any
other cause the Executive Engineer on behalf of the
Governor of Maharashtra shall have power to adopt of
the following courses, as he may deem best suited to the
interest of Government:

Signature of Contractor No. of Corrections Executive Engineer


(47)
a] To rescind the contract (for which decision notice in
writing to the contractor under the hand of
Executive Engineer shall be conclusive evidence )
and in that case the security deposit of the
Contractor shall stand forfeited and be absolutely at
the disposal of Government.

b] To carry out the work or any part of the work


departmentally debiting the contractor with the cost
of the work, expenditure incured on tools and plant
and charges on additional supervisory staff
including the cost of work-charged establishment
employed for getting unexecuted 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 Executive Engineer 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.

c] To order that work of the contractor be measured up


and to taken such part thereof as shall be
unexecuted, 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 to cost of work-Charged establishment
and the cost of the work executed by the new-
contract agency will be debited to the contractor and
at the value of the work done or executed through
the 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 unexecuted work done
by the new contractor and as to the value of the
work so done shall be final and conclusive against
the contractor.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 therefor actually performed by him

Signature of Contractor No. of Corrections Executive Engineer


(48)
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 contractor, the
amount of excess shall be deducted from any money
due to the contractor, by Government under the
contract or otherwise or howsoever from this
security deposit or the sale proceeds thereof
provided however that the contractor shall have no
claim against Government 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 clause (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
purchased, or procured any materials, or entered
into any engagements, or made any advances on
account of or with a view of the execution of the
work or the performance of the contract.

CLAUSE 4:
In the progress of any particular portion of the work is
Action when
the progress of unsatisfactory, the Executive Engineer shall
any particular notwithstanding that the general progress of the work is
portion of the in accordance with the conditions mentioned in clause 2,
work is be entitled to take action under clause 3 (b), after giving
unsatisfactory. the contractor 10 days notice in writing. The contractor
will have no claim for compensation, for any loss
sustained by him owing to such action.

CLAUSE 5
Contractor In any case in which any of the powers conferred upon
remains liable to the Executive Engineer by clauses 3 and 4 here of shall
pay
have become exercisable and the same shall not have
Compensation if
Action not been exercised. the non-exercise there of shall not
taken under constitute a waiving of any of the conditions here of such
Clause 3 & 4. powers shall no withstanding by exercisable in the event

Signature of Contractor No. of Corrections Executive Engineer


(49)
of any future cases of default by the contractor for which
under any clause or clauses hereof he is declared liable
to pay compensation amounting to the whole of his
security deposit and the liability of the contractor for
past and future compensation shall remain unaffected.In
Power to take the event of the Executive Engineer taking action under
possession of or sub-clause (a) or (c) or clause 3, he may if he desires
sell contractor’s take possession of all or any tools plant, materials and
plant. stores, in or upon the works or the site thereof or
belonging to the contractor, of procured by him and
intended to be used for the execution of the work or any
part thereof paying or allowing for the same in account
at the contract rates, or in the case of contract rates not
being applicable, at current market rates to be certified
by the Executive Engineer whose certificate thereof shall
be final. In the alternative, the Executive Engineer may,
after giving notice in writing to the contractor or his clerk
of the work foremen or other authorised agents require
him to remove such tools and plant, materials or stores
from the premises within a time to be specified in such
notice, and in the event of the contractor failing to
comply with any such requisition the Executive Engineer
may remove them at the contractor's expenses or sell
them by auction or private sale on account of the
contractor and at his risk in all respect, and the
certificate of the Executive Engineer as to the expenses of
any such removal and the amount of the proceeds and
expense of any such sale shall be final and conclusive
against the contractor.

CLAUSE 6 :
Extension of
If the contractor shall desire an extension of the time for
Time.
completion of work on the ground of his having been
unavoidably hindered in its execution or on any other
ground, he shall apply in writing to the Executive
Engineer before the expiry of the period stipulated in the
tender or before the expiration of 30 days from the date
on which he was hindered as aforesaid or on which the
cause for asking for extension occurred which is earlier
and the Executive Engineer may with prior approval of
the authority competent to accept the tender, if in his
opinion there was reasonable grounds for granting an
extension grant such extension as he thinks necessary
or proper. The decision of the Executive Engineer in this
matter shall be final.

Signature of Contractor No. of Corrections Executive Engineer


(50)
CLAUSE 7 :
Final
On the completion of the work the contractor shall be
certificate.
furnished with a certificate by Executive Engineer
(hereinafter called the Engineer in charge ) of such
completion, but no such certificate shall be given nor
shall the work be considered to be complete until the
Contractor shall have removed from the premises on
which the work shall have been execute, all scaffolding
surplus materials and rubbish, and shall have cleaned
off, the dirt from all work door, windows, walls, floor or
other parts of any building in or upon which the work
has been executed, or of which he may have had
possession for the purpose of executing the work, nor
until have been measured by the Engineer-in-charge or
where the measurement have been taken by his
subordinates until they have received approval of the
Engineer in charge the said measurements being binding
& conclusive against the contractor. if the contractor
shall fails to comply with the requirements of this clause
as the removal of scaffolding surplus materials and
rubbish and cleaning of dirt on or before the date fixed
for the work the Engineer in charge may at the expense
of the contractors remove such scaffolding, surplus
material and rubbish and dispose of the same as he
thinks fit and clean off such dirt as aforesaid and the
contractor shall forthwith pay the amount of all expenses
so incurred but shall have no claim in respect of any
such scaffolding or surplus materials as aforesaid except
for any sum actually released by the sale thereof.

CLAUSE 8 :
Payment of
No payment shall be for any work estimated to cost less
intermediate
certificate to than rupees one thousand till after the whole of the work
be regarded as shall have been completed and a certificate of completion
advances. given. But in the case of works estimated to cost more
than rupees one thousand the contractor shall, on
submitting a monthly bill therefor be entitled to receive
payment proportionate to the part of the work then
approved & passed by the Engineer in charge whose
certificate or such approval and passing of the sum so
payable shall be final and conclusive against the
contractor. All such intermediate payments shall be
regarded as payments by way of advance against the
final payments only and not as payments for work
actually done and completed and shall not preclude the

Signature of Contractor No. of Corrections Executive Engineer


(51)
Engineer-in-charge from requiring any bad, unsound
imperfect or unskillful work to be removed or taken away
and reconstructed or re-erected nor shall any shall such
payment be considered as an admission of the due date
performance of the contractor any part thereof in any
respect or the occurring of any claim, nor shall it
conclude, determine or affect any other way the powers
of the Engineer-in-charge to the final settlement and
adjustment of the accounts or otherwise or in any other
way very or affect the contract. The final bill shall be
submitted by the contractor within one month of the
date fixed for the completion of the work otherwise the
Engineer-in-charge's certificate of the measurement and
of the total amount payable for the work shall be final
and binding on all parties .

CLAUSE 9:
Payment at
The rates for several items of work estimated to cost
reduced rates
on accounts of more than RS.1000/- agreed to within shall be valid only
item of work when the items concerned is accepted as having been
not accepted completed full in accordance with the sanctioned
as completed specifications in case where the item of the work are not
to be at the accepted as so completed, the Engineer-in-charge may
discretion of make payment on account of such items at such reduced
Engineer-in- rates as he may consider reasonable in the preparation
Charge. of final or on account bills.

CLAUSE 10:
A bill shall be submitted by the contractor each month
Bills to be
submitted on before the date fixed by the Engineer-in-charge for all
monthly. work executed in the previous month and the Engineer-
in-charge shall, take or cause to be taken the requisite
measurements for the purpose of having the same
verified, and the claim so far as it admissible shall be
adjusted, if possible, within ten days from the
presentation of the bill. If the contractor does not submit
the bill within the time fixed as aforesaid, the Engineer-
in-charge may depute a subordinate to measure up the
said work in the presence of the contractor or his duly
authorised agent whose counter signature to the
measurement list shall be sufficient warrant, and the
Engineer-in-charge may prepare a bill from such list
which shall be binding on the contractor in all respects.

Signature of Contractor No. of Corrections Executive Engineer


(52)
CLAUSE 11:
Bills to be on
The Contractor shall submit all bills on printed forms to
the printed
forms. be had on application at the office of Engineer-in-charge.
The charges to be made in the bills shall always be
entered at the rate of specified in the tender or in the
case of any extra work order in purchase of these
conditions, and not mentioned or provided for in the
tender, at the rates hereinafter provided for such work.
CLAUSE 12 :
Store supplied
If the specification or estimate of the work provide for the
by
Government. uses of any special description of materials to be
supplied from the store of the P. W. Department or if it is
required that the Contractor shall use the certain store
to be provided by the Engineer-in-charge (such materials
and stores and the prices to be charged therefore as
hereinafter mentioned being so far as practicable for the
convenience of the contract but not so as in any way to
control the meaning or effect of this contract specified in
the schedule of memorandum here to annexed ) the
contractor shall be supplied with such materials and
store as may required from time to time to be used by
him for the purpose of the contract only, and the value of
the full quantity of the materials and stores so supplied
shall be set off or deducted from any sums then due or
thereafter to become due to the Contractor under the
Contract or otherwise or from the security deposit, or to
proceed of sale there of if the security deposit is held in
Government securities, the same or sufficient portion
thereof shall in that case be sold for all purpose. All
material supplied to the Contractor shall be remain the
absolute property of Government and shall on no
account of remove from the site of the work, and shall at
all times be open to inspection by the Engineer-in-
charge. Any such materials unused and in perfectly good
condition at the time of completion or determination of
the contract shall be returned to the Public Works
Departmental store, if the Engineer-in-charge so requires
by notice in written given under the hands, but the
Contractor shall not be entitled to return any such
material Except with the consent of the Engineer-in-
charge and shall have no claim to compensation on
account of any such material supplied to him as
aforesaid but remaining unused by him or for an
wastage in our damage to such any materials.

Signature of Contractor No. of Corrections Executive Engineer


(53)
CLAUSE 13
The Contractor shall execute the whole and the every
Works to be
executed in part of the work in most substantial and workman like
accordance manner, and both as regard material and in every other
with respect in strict accordance with specification. The
specifications, contractor shall also confirm exactly, fully and faithfully
drawings, to the designs, drawings and instruction in writing
orders etc. relating to the works sign the Engineer-in-charge and
lodged in his office and to which the contractor shall be
entitled to have access for the purpose of inspection at
such office, or on the site of the work during office hours.
The Contractor will be entitled to received three set of
contract drawing and working drawing as well as one
certified copy of the accepted tender along with the work
order free of cost further copies of the contract drawings
and working drawing if required by him, shall be
supplied at the rate of Rs. 300/- per set of contract of
drawings and Rs. 150/- per working drawing except
where otherwise specified.

CLAUSE 14 :
The Engineer-in-charge shall have power to makes any
Alteration in
specifications alteration in or, addition to the original specification
and designs drawing design and instructions that may appear to him
not to to be necessary or advisable during the progress of the
invalidate work, and the Contractor shall be bond to carry out the
contracts. work with accordance with any instruction in this
connection which may be given to him in writing signed
by the Engineer-in-charge and such alteration shall not
invalidate the contract and any additional work which
the contractor may be directed to do in the manner
above specified as part of the work shall be carried out
by the contract or on the same rate as specified in the
tender for the main work and if the additional and
altered work include any class of work for which no rate
is specified in this Contract, then such class of work
shall be carried out by the contractor on the same
condition on all respect on which he agreed to do the
main work, and at the same rates as specified in the
tender for the main work. And if the additional and
altered work includes any class of work for which no rate
is specified in this contract, then such class of work
shall be carried out at the rates entered in the schedule

Signature of Contractor No. of Corrections Executive Engineer


(54)
of the rate of the division or the rate mutually agreed
upon between the Engineer-in-charge and the
Contractor, whichever are lower.
Rates for If the additional or altered work for which on the rate is
works not entered in this schedule of the rate of the division is
entered in ordered to be carried out before the rates or agreed upon
estimate or then the Contractor shall, within 7 days of the receipt by
schedule of him of the order to carry out the work, informed the
rates of the Engineer-in-charge of the rate which it is his intention to
District. charge for such class of work and if the Engineer-in-
charge does not agreed to this rate he shall by notice in
written be at liberty to cancel his order to carry out such
as class of work and arrange to carry out in such
manner as he may considered advisable, provided always
that if the contractor shall commence work or incurre
any expenditure in regard there to before the rates shall
have been determine at lastly determine herein before
mentioned then in such case he shall only be entitled to
be paid in respect of the work carried out or expenditure
incurred by him prior to the determination of the rate as
aforesaid according to such rate or rates as shall be fixed
by the Engineer-in-charge. In the event of the dispute
the decision of the Superintending Engineer of the Circle
will be final.

Where, however, the work is to be executed according to


the designs drawings and specifications recommended by
the contractor and accepted by the competent authority
the alterations above referred to shall be within the scope
of such designs, drawings and specifications appended
to the tender.
Extension of The time limit for the completion of the shall be extended
time in in the proportion that the increase in the cost occasioned
consequence of by alteration or addition bears to the cost of the original
additions or contract work, and the certificate of the Engineer-in-
alterations. charge as to such proportion shall conclusive.

No claim to any CLAUSE 15 :


payment 1] If at any time after the execution of the contract
compensation or documents, the Engineer shall for any reason what-so-
alteration in or
over other than default on the part of the contractor for
restrictions of
work. which the Government is entitled to rescind the contract
desires that the whole or any part of the work specified
in the tender should be suspended for any period or that
the whole or part of the work should not be carried out

Signature of Contractor No. of Corrections Executive Engineer


(55)
at all he shall give to the contractor a notice in writing of
such desire and upon the receipt of such notice the
contractor shall forthwith suspend or stop the work
whole or in part as required, after having due regard to
the appropriate stage at which the work should be
stopped or suspended so as not to cause any damage or
injury to the work already done or endanger the safety
thereof provided that the decision of the Engineer as to
the stage at which the work or any part of it could have
been safety stopped or suspended shall be final and
conclusive against the contractor. The contractor shall
have no claim to any payment or compensation
whatsoever by reason of or in presence of any notice as
aforesaid, on account of any suspension stoppage or
curtailment except to the extent specified hereinafter.

2] Where the total suspension of work ordered as


aforesaid continued for continuous period exceeding 120
days, the contractor shall be at liberty to withdraw from
the contractual obligations under the contract so far as it
pertains to the unexecuted part of the work by giving a
10 days prior notice in writing to the Engineer within 30
days of the expiry of the said period of 120 days of such
intention and require the Engineer to record the final
measurements of the work already done and to pay final
bill upon giving such, notice the contractor shall be
deemed to have been discharged from his obligation to
complete the remaining unexecuted work under his
contract. On receipt of such notice the Engineer shall
proceed to complete the measurement and make such
payment as may be finally due to the contractor within a
period of 90 days from the receipt of the of such notice in
respect of the work already done by the contractor. Such
payment shall not in any manner prejudice the right of
the contractor to any further compensation under the
remaining provisions of this clause.

3] Where the Engineer requires the contractor to


suspend the work for a period in excess of 30 days at
any time or 60 days in the aggregate, the contractor shall
be entitled to apply to the Engineer within 30 days of the
resumption of work after such suspension for payment of
compensation to the extent of pecuniary loss suffered by
him in respect of working machinery rendered idle on the
site or on the account of his having had to pay the salary

Signature of Contractor No. of Corrections Executive Engineer


(56)
or wages of labour engaged by him during the said
period of suspension provided always that the contractor
shall not be entitled to any claim in respect of any such
working machinery, salary or wages for the first 30 days
whether consecutive or in the aggregate of such
suspension or in respect of any suspension whatsoever
occasioned by unsatisfactory work or any other default
on his part. The decision of the Engineer in this regard
shall be final and conclusive against the contractor.

4] In the event of -
i) Any total stoppage of work on notice from the
Engineer under Sub-Clause (i) in that behalf,

ii) Withdrawal by the contractor from the contractual


obligation to complete the remaining unexecuted
under sub-clause (2) on account of continued
suspension of work for a period exceeding 90 days,
or

iii) Curtailment in the quantity of item or items


originally tendered on account of any alteration,
omission or substitution in the specifications,
drawings designs, or instructions under clause 14
(1) where such curtailment exceeds 25% in quantity
and the value of the quantity curtailed beyond 25
percent at the rates for the items specified in the
tender is more than Rs. 5000/-.

It shall be open to the contractor within 90 days from the


service of
(i) the notice of stoppage of work or

(ii) the notice of withdrawal from the contractual


obligation under the contract on account of the
contained suspension of work or

(iii) a notice under clause 4 (1) resulting is such


curtailment to produce to the Engineer satisfactory
evidence that he had purchased or agreed to
purchase material for use in the contracted work,
before receipt by him the notice of stoppage,
suspension or curtailment and require the
Government to take over payment such materials
at the rates determined by the Engineer provided

Signature of Contractor No. of Corrections Executive Engineer


(57)
however, such rates shall in no case exceed that
rates at which the same was acquired by the
contractor. The Government shall thereafter take
over the materials so offered provided the
quantities offered are not in excess of the
requirement of the unexecuted work as specified in
the accepted tender and are of quality and
specifications approved by the Engineer.

CLAUSE 15 (A) :
The contractor shall not be entitled to claim any
No claim to compensation from Government for the loss suffered by
compensation him on account of delay by Government in the supply of
on account of material entered in Schedule A where such delay is
loss due to caused by -
delay in supply
of material by i) Difficulties relating to the supply of railway wagons .
Government.
ii) Force majeure
iii) Act of God.
iv) Act of enemies of the state or any other reasonable
cause beyond control of Government.

In the case of such delay in the supply of materials


Government shall grant such extension of time for the
completion of the work as shall appear to the Executive
Engineer to be reasonable in accordance with
circumstances of the case. The decision of the Executive
Engineer as to the extension of time be accepted as final
by the contractor.

CLAUSE 16 :
Time limit for Under no circumstances whatever shall the contractor be
unforeseen entitled to any compensation from Government on any
claims. account unless the contractor shall have submitted a
claim in writing to the Engineer-in-charge within one
month of the cause of such claim occurring.

CLAUSE 17 :
Action and If at any time before the security deposit or any part
compensation thereof is refunded to the contractor it shall appear to
payable in case the Engineer-in-charge or his subordinate in charge of
of bad work. the work, that any has been executed with unsound
imperfect or unskillful workmanship or with materials of
inferior quality, or that any materials or articles provided

Signature of Contractor No. of Corrections Executive Engineer


(58)
by him for the execution of the work are unsound or of a
quality inferior to the contracted for or are otherwise not
in accordance with the contract it shall be lawful for the
Engineer-in-charge to intimate this fact in writing to the
contractor, and then not withstanding the fact that the
work materials or articles complained of may have been
inadvertently passed certified and paid for the contractor
shall be bound forthwith to rectify, or remove and
reconstruct the work so specified in whole or in part, as
the case may require or if so required, shall remove the
materials or articles so specified and provided other
proper and suitable materials or articles at his own
charge and cost, and in the event of his failing to do so
within a period to be specified by the Engineer-
in-charge in the written intimation aforesaid, the
contractor shall be liable to pay compensation at the rate
of one percent on the amount of the estimate for every
day not exceeding 10 days, during which the failure so
continuous and in the case of any such failure the
Engineer-in-charge may rectify or remove and re-execute
the work or remove and replace the materials or articles
complained of as the case may be at the risk and
expense in all respect of contractor. Should the
Engineer-in-charge consider that any such inferior work
of material as described above may be accepted or made
use of it shall be within his discretion to accept the same
at such reduced rates as he may fix therefor.

CLAUSE 18 :
All works under or in course of execution or executed in
Work to be pursuance of the contract shall at all times be open to
open to the inspection and supervision of the Engineer-in-charge
inspection. and his subordinates, and the contractor shall at all
times during the usual working hours and at all other
times at which reasonable notice of the intention of the
Engineer-in-charge and his subordinate to visit the work
shall have been given to the contractor either himself be
present to receive orders and instructions, or have a
responsible agent duly accredited in writing present for
that purpose. Orders given to the contractor's duly
Contractor or
responsible authorised agent shall be considered to have the same
agent to be force and effect as if they had been given to the
present. contractor himself.

Signature of Contractor No. of Corrections Executive Engineer


(59)
CLAUSE 19 :
The contractor shall give not less than five days notice in
Notice is to be
given before writing to the Engineer-in-charge or his subordinate-in-
work is charge of the work before covering up or otherwise
covered up. placing beyond the reach of measurement any work in
that the same may be measured, and correct dimensions
thereof taken before the same is so covered up or placed
beyond the reach of measurement and shall not cover up
or placed beyond the reach of measurement any work
without the consent in writing of the Engineer-in-charge
or his subordinate in charge of the work, and if any work
shall be covered up or placed beyond the reach of
measurement, without such notice having given or
consent obtained, the same shall be uncovered at the
Contractor's expense, and in default thereof no payment
or allowance shall be made for such work or for the
materials with which the same was executed.

CLAUSE 20 :
If during the period of 36 Months (Thirty Six Months)
Contractor from the date of completion as certified by the engineer-
liable for in-charge pursuant to clause No.7 of the contract or 48
damage done (Forty Eight) Months after commissioning the work,
and for whichever is earlier the opinion of the Executive
imperfection. Engineer the said work is defective in any manner
whatsoever, the contractor shall forthwith on receipt of
notice in that behalf from of Executive Engineer, duly
commence execution and completely carry out at his cost
in every respect all the work that may be necessary for
rectifying and settings right the defects specified therein
including dismantling and reconstruction of unsafe
portions strictly in accordance with and in the manner
prescribed and under the supervision of the Executive
Engineer. In the event of the contractor failing or
neglecting to commence execution of the said
rectification work within the period prescribed therefor in
the said notice and/or to complete the same as aforesaid
as required by the said notice, the Executive Engineer
get the same executed and carried out departmentally or
by any other agency at the risk on account and at the
cost of the contractor. The contractor shall forthwith on
demand pay to the Government the amount of such cost
charges & expenses sustained or incurred by the
Government of which the certificate of the Executive
Engineer shall be final and binding on the contractor.

Signature of Contractor No. of Corrections Executive Engineer


(60)
Such cost charges and expenses shall be deemed to be
arrears of land revenue and in the event of the contractor
failing or neglecting to pay the same on demand as
aforesaid without prejudice to any other rights and
remedies of the Government the same may be recovered
from the contractor as arrears of land revenue. The
Government shall also be entitled to deduct the same
from any amount which may then be payable by the
Government to the Contractor either in respect of the
said work or any other work whatsoever, or from the
amount of security deposit retained by Government.

CLAUSE 21 :
Contractor to The Contractor shall supply at his own cost all material
supply plants, (except such special materials if any, as may in
ladders, accordance with the contract be supplied from the
scaffolding etc. departmental store) plant, tools, appliances, implements
ladders ,cordage , tackle, scaffolding, and temporary
works requisite or proper for the proper execution of the
work, whether, in the original, altered or substituted
form, and whether included in the specification or other
document forming part of the contract or referred to in
these conditions or not and which may be necessary for
the purpose of satisfying or complying with the
requirement of the Engineer-in-charge as to any matter
as to which under these conditions he is entitled to be
satisfied or which he is entitled to require together with
the carriage therefor to and from the work. The
Contractor shall also supply without charge the requisite
number of persons with the means and materials
necessary for the purpose of setting out work and
counting, weighing and assisting in the measurement or
examination at any time and from time to time of the
work or the materials, failing this the same may be
provided by the Engineer-in-charge at the expense of the
contractor and the expenses may be deducted from any
money due to the contractor under contract from his
security deposit or the proceeds of sale thereof, or of a
sufficient portion thereof.

And is liable for The Contractor shall provided all necessary fencing and
damages arising light required to protect the public from accident and
from non-
shall also be bound to bear the expenses of defence of
provision of
light, fencing every suit, action or other legal proceeding, that may be
etc. brought by any person for injury sustained owing to

Signature of Contractor No. of Corrections Executive Engineer


(61)
neglect of the above precaution, and to pay any damages
and costs which may by awarded in any such suit,
action or proceedings to any such person or which may
with the consent of the contract be paid for
compromising any claim by any such person.

CLAUSE 21 (A) :
The contractor shall provide suitable scaffolds and
working platforms gangways and stairways and shall
comply with the following regulations in connection
therewith.

a] Suitable scaffolds be provided for workmen for all


works that cannot be safely done from a ladder or by
other means.

b] A scaffold shall not be constructed, taken down, or


substantially altered except.

i] Under the supervision of a competent and


responsible persons, and

ii] As far as possible by competent workers


possessing adequate experience in this kind of
work.

c] All scaffolds and appliances connected therewith


and ladders shall

i] be of sound material.
ii] be of adequate strength having regard to the
loads and strains to which they will be
subjected, and
iii] be maintained in proper condition.
d] Scaffolds shall be so constructed that no part
thereof can be displaced consequence of normal use

e] Scaffolds shall not be over-loaded and so far as


practicable the load shall be eventually distributed

f] Before installing lifting gear on scaffolds special


precautions shall be taken to ensure the strength
and stability of the scaffolds.

Signature of Contractor No. of Corrections Executive Engineer


(62)
g] Scaffolds shall be periodically inspected by a
competent person

h] Before allowing a scaffold to be used by his workmen


the Contractor shall, whether the scaffold has been
erected by his workmen or not take steps to ensure
that it complies fully with the regulations herein
specified.

[i] Working platform, gangways stairways shall.


i] be so constructed that no part thereof can
sag unduly or unequally.

ii] be so constructed and maintained, having


regard to the prevailing conditions as to
reduce as for as practicable risks of persons
tripping or slipping, and

iii] be kept free from any unnecessary


obstruction.

[j] In the case of working platform, gangways places


and stairways at height exceeding 3.00 metre ( to be
specified)

i] every working platform and every gangways


shall be closely boarded unless other
adequate measures taken to ensure safely.

ii] every work platform and gangway, shall have


adequate width and

iii] every working platform, gangway working


place and stairways shall be suitably fenced.

[k] Every opening in the floor of a building or in working


platform shall except for the time and to the extent
required to allow the excess of persons or the
transport or shifting of material, be provided with
suitable means to prevent the fall of persons of
material.

Signature of Contractor No. of Corrections Executive Engineer


(63)
[l] When persons are employed on a roof where is a
danger of falling from a height exceeding 3.0m
suitable precautions shall be taken to prevent the
fall of persons or material.

[m] Suitable precautions shall be taken to prevent


persons being struck by articles which might fall
from scaffolds or other working place.

[n] Safe means of access shall be provided to all working


platform and other working places.

[o] The contractor(s) will have to make payment to


Labourers as per Minimum Wages Act.

CLAUSE 21 - B :
The Contractor shall comply with the following
regulations as regards the Hoisting Appliances to be
used by him.

[a] hoisting machines and tackle, including their


attachments, anchorages and supports shall ,

i] be of good mechanical construction, sound


material and adequate strength and free
from patent defect, and
ii] be kept in good repair and in good working
order.

[b] Every rope used in hoisting or lowering materials or


as a means of suspension shall be suitable quality
and adequate strength and free from patent defect.

[c] Hoisting machines and tackle shall be examined and


adequately tested after erection on the site and
before use be re-examined in position at intervals to
be prescribed by the Government.

[d] Every chain, ring, hook, swivel and pulley block


used in hoisting or lowering materials or as a means
of suspension shall he periodically examined.

[e] Every crane driver or hoisting appliance operator


shall be properly qualified.

Signature of Contractor No. of Corrections Executive Engineer


(64)
f] No person who is below the age of 21 years shall be
in control of any hoisting machine, including any
scaffold which give signals to the operator.

g] In the case of every hoisting machine and of every


chain, ring hook, shackle swivel and pulley block
used in hoisting or lowering as a means of
suspension, the safe working load shall be
ascertained by adequate means.

h] Every hoisting machine and all gear referred to


preceding regulation shall be plainly marked with
the safe working load.

i] In the 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.

j] No part of any hoisting machine or of any gear


referred to in regulation (h) above shall be loaded
beyond the safe working load except for the purpose
of testing.

k] Motors, gearing transmissions electric wiring and


other dangerous parts of hoisting appliance shall be
provided with efficient safeguard.

l] Hoisting appliance shall be provided with such


means as will reduce to a minimum the risk of the
accidental descent of the load.

m] Adequate precaution shall be taken to reduce a


minimum the risk of any part of a suspended load
becoming accidentally displaced.

CLAUSE 22 :
The Contractor shall not set fire to any standing jungle,
Measure for
prevention of trees, brush wood or grass without a written permit from
fire. the Executive Engineer .

When such permit is given, and also in all cases when


destroying, cut or dug up trees, brushwood, grass etc. by
fire, the Contractor shall take necessary measures to

Signature of Contractor No. of Corrections Executive Engineer


(65)
prevent such fire spreading to or otherwise damaging
surrounding property. The contractor shall make his
own arrangements for the labour employed by him.

CLAUSE 23 :
Liability of
Compensation for all damages done intentionally or
contractor for
any damage unintentionally by contractor's labour whether in or
done in beyond the limits of Govt. property including any damage
outside work caused by the spreading of fire mentioned in clause 22
area. shall be the estimated by the Engineer-in-charge or such
other officer as he may appoint and the estimates of the
Engineer-in-charge subject to the decision of the
Superintending Engineer on appeal shall be final and the
contractor shall be bound to pay the amount of the
assessed compensation on demand, failing which, the
same will be recovered from the contractor as damages
in the manner prescribed in clause 1 or deducted by the
Engineer-in-charge from any sums that may be due or
become due from Government to contractor under this
contract or otherwise.

The contractor shall bear the expenses of defending any


action or other legal proceedings that may be brought by
any persons for injury sustained by him owing to neglect
of precautions to prevent the spread of fire and he shall
pay any damages and cost that may be awarded by the
court in consequence.

CLAUSE 24
Employment of
The employment of female labourers on works
female labour.
neighborhood of soldier's barracks should be avoided as
far as possible. The contractor shall employ the labourer
from nearest employment exchange.

CLAUSE 25
Work on
No work shall be done on Sunday without the sanction
Sunday.
in writing of the Engineer-in-charge.

CLAUSE 26
Work not to be
The contract shall not be assigned or sublet without the
sublet.
written approval of the Engineer-in-charge. And if the
contractor shall assign or sublet his contract or attempt
so to do, or become in solvent or commence any

Signature of Contractor No. of Corrections Executive Engineer


(66)
proceeding to get himself adjudicated & insolvent or
Contract may make any composition with his creditors or attempt so to
be rescinded do or if bribe gratuity, gift, loan perquisite reward or
and security advantage pecuniary or otherwise, shall either directly or
deposit indirectly be given promised or offered by the contractor
forfeited for or any of his servants or agent to any public officer or
subletting it person in the employ of Government in any way relating
without to his office or employment or if any such officer or
approval or for
person shall become in any way directly or indirectly
bribing a
interested in the contract the Engineer-in-charge may
public officer
thereupon by notice in writing rescind the contract & the
or if contractor
becomes security deposit of the contractor shall thereupon stand
insolvent. forfeited and be absolutely at the disposal of Government
and the same consequences shall ensure as if the
contract had been rescinded under clause 3 hereof and
in addition the contractor shall not be entitled to recover
or be paid for any work therefore actually performed
under the contract.

CLAUSE 27
Sum payable by
way of All sum payable by a contractor by way of compensation
compensation to under any of these condition shall be considered as
be consider as reasonable compensation to be applied to the use of
reasonable Government without reference to the actual loss or
compensation damage sustained and whether any damage has or has
without
not be sustained.
reference to
actual loss.
CLAUSE 28
Change in the
In the case of tender by partners any change in the
constitution of
firm to be constitution of a firm shall be forthwith notified by the
notified. contractor to the Engineer-in-charge for his information.

CLAUSE 29
Direction and
All work to be executed under the contract shall be
control of
Superintending executed under the direction and subject to the approval
Engineer. in all respect of the superintending Engineer of the circle
for the time being, who shall be entitled to direct at what
point or points and in what manner they are to be
commenced and from time to time carried on.

Signature of Contractor No. of Corrections Executive Engineer


(67)
CLAUSE 30 (1)
Direction and Except where otherwise specified in the contract and
control of subject to the powers delegated to him by Government
Superintending under the code rules then in force the decision of the
Engineer. Superintending Engineer of the circle for the time being
shall be final conclusive and binding on all parties to the
contract upon all question relating to the meaning of the
specification designs drawing and instruction
hereinbefore mentioned & as to the quality of
workmanship or materials used on the work, or as to any
other question claim right matter or things whatsoever, if
any way arising out of or relating to the contracts,
designs drawings specifications estimates instructions
orders or other conditions or otherwise concerning the
works, or the execution or failure to executed the same
whether arising during the progress of the work or after
the completion or abandonment thereof.

CLAUSE 30 (2)
The contractor may within thirty days of receipt by him
of any order passed by the Superintending Engineer of
the circle as aforesaid may appeal against it to the Chief
Engineer concerned with the contract work or project
provided that.
a] The accepted value of the contract exceed Rs 10
Lakh (Rs Ten Lakhs)
b] Amount of claim is not less than Rs 1.00 Lakh (Rs
One lakh).

CLAUSE 30 (3)
If the contractor is not satisfied with the order passed by
the chief Engineer as aforesaid the contractor may within
thirty days of receipt by him of any such order appeal
against it to the concerned secretary Public Works
Department who if convinced that primafacia the
contractors claim rejected by Superintending Engineer/
Chief Engineer is not frivolous and that there is some
substance in the claim of the contractor as would merit a
detailed Examination and decision by the standing
committee shall put up to the standing committee at
Government level for suitable decisions.

Signature of Contractor No. of Corrections Executive Engineer


(68)
CLAUSE 31
The contractor shall obtain from the Public Works
Stores of Department stores all stores and article of European or
European or American manufacture which may be required for the
American work or any part thereof or in making up any articles
manufacture required thereof or in connection there with unless he
to be obtained has obtained permission in writing from the Engineer-in-
from charge to obtain such stores and articles elsewhere. The
Government. value of such stores and articles as may be supplied to
the contractor by the Engineer-in-charge will be debited
to the contractor in his account at the rates shown in the
schedule, in From 'A' attached to the contract and if they
are not entered in the said schedule, they shall be
debited to him at cost price which for the purpose of this
contract shall include the cost of carriage and all other
expenses whatsoever which shall have been incurred in
obtaining delivery of the same at the stores aforesaid.

CLAUSE 32
Lump sum in When the estimate on which a tender is made includes
estimate. lump sums in respect of part of the work contractor shall
be entitled to payment in respect of the items of work
involved or the part of the work in question at the same
rates as are payable under this contract for each item or
if the part of the work in question is not in the opinion of
the Engineer-in-charge capable of measurement, the
Engineer-in-charge may at this discretions pay lump
sum amount entered in the estimate and the certificate
in writing of the Engineer-in-charge shall be final and
conclusive against the contractor with regarded to any
sum or sums payable to him under the provisions of this
clause.

CLAUSE 33
Action where
In the case of any class work for which there is on such
no
specifications. specification as is mentioned in rule 1 such work shall
be carried out in accordance with the Divisional
specification and in the event of there being no Divisional
specification then in such case the work shall be carried
out in all respects in accordance with all instruction and
retirement of the Engineer-in-charge.

Signature of Contractor No. of Corrections Executive Engineer


(69)
CLAUSE 34
Definition of
The expression "work" or "works" where used in these
work.
conditions shall unless there be something in the subject
or context repugnant to such construction, be
constructed to mean the work or works contracted to be
executed under or in virtue of the contract whether
temporary or permanent and whether original, altered,
substituted or additional.

CLAUSE 35
Contractors
percentage The percentage referred to in the tender shall be
whether applied deducted / added from to the gross amount of the bill
to net or gross before deducting the value of any stock issued.
amount of bill.

CLAUSE 36
Quarry fees
All quarry fees, royalties, octroi dues and ground rent for
and royalties.
stacking materials, if any shall be paid by the contractor,
directly to revenue department failing of which the
amount of royalty charges shall be deducted through
bills and no claims shall be entertained on this ground.

CLAUSE 37
Compensation
The contractor shall be responsible for and shall pay
under
Workmen’s compensation to his workmen payable under the
Compensation workmen's compensation Act 1923 (VII of 1923)
Act. (hereinafter called the said Act.) for injuries caused to
the workmen, if such compensation is payable / paid by
Government as principal under sub-section (i) of section
12 of the said Act. on behalf of the contractor it shall be
recoverable by Government from the contractor under
subsection (2) of the said section such compensation
shall be recovered in the manner laid down in clause 1
above.

CLAUSE 37 A
The contractor shall be responsible for and shall pay the
expenses of providing medical aid to any workmen who
may suffer a bodily injury as a result of an accident, if
such expenses are incurred by Government the same
shall be recoverable from the contractor forthwith and be

Signature of Contractor No. of Corrections Executive Engineer


(70)
deducted without prejudice to any other remedy of
Government from any amount due or that may become
due to the contractor.

CLAUSE 37 B
The contractor shall provided all necessary personal
safety equipment and first aid apparatus available for
the use of the person employed on the site and shall
maintain the same in condition suitable for immediate
use at any time and shall comply with the following
regulations in connection therewith.

a] The workers shall be required to use the equipment


so provided by the contractor and the contractor
shall take adequate steps to ensure proper use of
the equipment by those concerned.

b] When work is carried on in proximity to any place


where there is a risk of drawing all necessary
equipment shall be provided and kept ready for use
and all necessary steps shall be taken for the
prompt rescues of any person in danger.

c] Adequate provision shall be made for prompt first-


aid treatment all injuries likely to be sustained
during the course of the work.

CLAUSE 37 C
The contractor shall duly comply with the provision of
"The Apprentice Act.1961(iii of 1961) the rule made
thereunder and the orders that may be issued from time
to time under the said Act and the said rules and on his
failure or neglect to do so he shall subject to all the
liabilities and penalties provided by the Act and said
rules."

CLAUSE 38
Claims for 1] Quantities in respect of the several items shown in the
quantities tender are approximate and no revision in the
entered in the
tendered rate shall be permitted in respect any of
tender or
estimate. the items so long as subject to any special provision
contained in the specifications prescribing a

Signature of Contractor No. of Corrections Executive Engineer


(71)
different percentage of permissible variation, the
quantity of for the item does not exceed the tender
quantity by more than 25 percent and so long as the
value of the exceeds quantity beyond this limit at the
rate of the item specified in the tender, is not more
than Rs. 5000/-.

2] The contractor shall, If ordered in writing by the


Engineer so to do also carry out any quantities in
excess of the limit mentioned in sub-clause (I) hereof
on the same conditions as and in accordance with
the specification in the tender and at the
rates (i) derived from the rates entered in the current
schedule of rates and in the absence of such rates
(ii) at the rate prevailing in the market the said rates
being increased or decreased as the case may be by
the percentage which the total tendered amount
bears to the estimated cost of the work as put to
tender based upon the schedule of rates applicable
to the year in which the tenders were invited (for the
purpose of operation of this clause, this cost shall be
taken as Rs. 53,80,892.00

3] Claim arising out of reduction in the tendered


quantity of any item beyond 25 percent will be
governed by the provision of clause 15 only when
the amount of such reduction beyond 25 percent at
the item specified in the tender is more than Rs.
5000/-

CLAUSE 39 :
Employment of The contractor shall employ any famine, convict or other
femine labour labour of a particular kind or class if ordered in writing
etc. to do so by the Engineer-in-charge.

CLAUSE 40
Claim for No compensation shall be allowed for any delay caused
compensation in the starting of the work on account of acquisition of
for delay in
land or, in the case of clearance of works on account of
starting the
work. any delay in according sanction to estimates.

Signature of Contractor No. of Corrections Executive Engineer


(72)
CLAUSE 41 :
Claim for
No compensation shall be allowed for any delay in the
compensation
for delay in the execution of the work on account of water, standing in
execution of borrow pits or compartments. The rate are inclusive for
work. hard or cracked soil, excavation in murum, sub-soil
water standing in borrow pits and no claim for an extra
shall be entertained, unless otherwise expressly
specified.

CLAUSE 42 :
Entering upon
The contractor shall not enter upon or commence any
or
commencing portion of work except with the written authority and
any portion of instructions of the Engineer-in-charge or of his
work. subordinate in charge of the work. Failing such authority
the contractor shall have to claim to ask for
measurements of or payment of work.

CLAUSE 43:
Minimum age
i) No contractor shall employ any person who is under
of persons
employed, the the age of 18 years.
employment of
donkeys and/ ii) No contractor shall employ donkeys or other animals
or other with breaching of string or thin rope. The breaching
animals and must be at least 7.5 centi metres (3 inches) wide and
the payment of should be of tape(Nawar).
fair wages.
iii) No animal suffering from sore, lameness or
emaciation or which is immature shall be employed
on the work.

iv) The Engineer-in-charge or his Agent is Authorised to


remove from work, any person or animal found
working which does not satisfy these conditions &
no responsibility shall be accepted by Government
for any delay caused in the completion of the work
by such removal.

v) The contractor shall pay fair and reasonable wages


to the workmen employed by him, in the contract
undertaken by him in the event of dispute arising
between the contractor and his workmen on the

Signature of Contractor No. of Corrections Executive Engineer


(73)
grounds that the wages paid are not fair and
reasonable, the dispute shall be referred without
delay to the Executive Engineer who shall decide the
same. The decision of the Executive Engineer shall
be conclusive and binding on the contractor but
such decision shall not in any way affect the
condition in the contract regarding the payment to
be made by Government at the sanctioned tender
rates.

vi) Contractor shall provide drinking water facilities to


the workers. Similar amenities shall be provided to
the worker engaged on large work in urban area.

vii) Contractor to take precaution against accidents


which takes place on account of labour using loose
garments while working near machinery.

CLAUSE 44 :
Method of
Payment to contractors shall be made by cheque drawn
payment.
on any treasury within the division convenient to them,
provide the amount exceed Rs.10/-. Amounts not
exceeding Rs.10/- will be paid in cash.

Acceptancy of CLAUSE 45 :
condition
compulsory Any contractor who dose not accept conditions shall not
before tendering be allowed to tender for works.
the work.
CLAUSE 46 :
Employment of
If Government declares a state of scarcity or famine to
scarcity
labour. exist in any village situated within 16 Kms. of the work,
the contractor shall employ upon such parts of the work
as are suitable for unskilled labour, any person certified
to him by the Executive Engineer, or by any person to
whom the Executive Engineer may have delegated this
duty in writing to be in need of relief and shall be bound
to pay to such person wages not below the, minimum
which Government may have fixed in this behalf. Any
disputes which may arise in connection with the
implementation of this clause shall be decided by the
Executive Engineer whose decision shall be final and
binding on the Contractor.

Signature of Contractor No. of Corrections Executive Engineer


(74)
CLAUSE 47 :
The price quoted by the contractor shall not in any case
exceed the control price, if any, fixed by Government or
reasonable price which it is permissible for him to charge
a private purchaser for the same class and description,
the controlled price or the price permissible under
Hoarding and profiteering prevention Ordinance, 1943 as
amended from time to time, If the price quoted exceeds
the controlled price of the price permissible under
Hoarding and Profiteering prevention Ordinance, the
contractor will specifically mention this fact in this
tenderer along with reasons for quoting such higher
prices.

The purchaser at his discretion will in such case exercise


the right of revising the price at any stage so as to
confirm with the controlled price as permissible under
the Hoarding and Profiteering Prevention Ordinance.
This discretion will be exercised without prejudice to any
other action that may be taken against the contractor.
CLAUSE 47(A):
The tender rate are inclusive of all taxes, rates and
cesses and are also inclusive of the tax lievable in respect
of sale by transfer or property in goods involved in the
execution of a work contract under the provision of Rule
58 of Maharashtra Value Added Tax Act 2005 for the
purpose of levy of tax.

CLAUSE 48 :
The rates to be quoted by the contractor must be inclusive of
all Taxes. No extra payment on this account will be made to
the contractor.

CLAUSE 49 :
In case of materials that may remain surplus with the
contractor, from those issued for the work contracted for,
the date of ascertainment of the materials being surplus
will be taken as the date of sale for the purpose of VAT
tax and the VAT tax will be recovered on such sale.

CLAUSE 49(A) :
Contractor should note that recovery at panal rates of
twice the issue rates will be effected if the contractor
does not return surplus material.
VAT tax and general tax will be recovered from them.

Signature of Contractor No. of Corrections Executive Engineer


(75)
CLAUSE 50:
The contractor shall employ the unskilled labour to be
employed by him on the said work only from locally
available labours and shall given preference to those
persons enrolled under Maharashtra Government
Employment and Self Employment Departments scheme.
Provided, however that if the required unskilled labours
are not available locally the contractor shall in the first
instance employ such number of persons as is available
and thereafter may with previous permission, in writing
of the Executive Engineer- in-charge of the said work,
obtain the rest of the requirement of unskilled labour
from out side the above scheme.

CLAUSE 51 :
Wages to be
The contractors shall pay the labours skilled and unskilled
paid to the according to the wages prescribed by the Minimum Wages Act
skilled and 1948, applicable to the area in which the work the contractor
unskilled is located. The contractor shall comply with the provisions of
labourers the Apprentices Act – 1961 and the rules and order’s issued
engaged there under from time to time, if he fails to do so, his failures
by the will be a breach of the contract and the Superintending
contractor. Engineer may in his discretion, cancel the contract. The
contractor shall also be liable for any pecuniary liability
arising on account of any violation by him of the provision of
Act. The contractor shall pay the labourers skilled and
unskilled according to wages prescribed by Minimum Wages
Act applicable to the area in which the lies.

CLAUSE 52 :
All amounts whatsoever which the contractor is liable to
pay to the Government in connection with the execution
of the work including the amount payable in respect of (i)
materials and or stores supplied/ issued hereunder by
the Government of the Contractor (ii) hire charges in
respect of heavy plant machinery and equipment given
on hire, by the Government to the contractor for
execution by him of the work and /or on which advances
have been given by the Government to the contractor
shall be deemed to be arrears of Land Revenue and the
Government may without prejudice to any other rights
and remedies of the Government recover the same from
the contractors as arrears of land revenue.

CLAUSE 53 :
The contractor shall duly comply with all the provision of
the contract labour (Regulation and Abolition) Act. 1970

Signature of Contractor No. of Corrections Executive Engineer


(76)
(37 to 1970) and Maharashtra Contract Labour
(Regulation And Abolition) Rules 1971 as amended from
time to time and all other relevant statutes and statutory
Provisions Concerning payment of wages particularly to
workmen Employee by the contractor and working on the
site of work. In particular the contractor shall pay wages
to each worker employed by him on the site of the work
at the rates Prescribed under the Maharashtra Contract
Labour (Regulation and Abolition) Rules 1971. If the
Contractor fails or neglects to pay wages at the said rates
, or make short payment and the Government makes
such payment of wages in full or part thereof less paid by
the contractor, as the case may be the amount so paid
by Government to such workers shall be deemed to be
arrears of land revenue and the Government shall be
entitled to recover the same as such from the contractor
or deduct the same from the amount payable by the
Government to the contractor here under or from any
other amount payable to him by the Government.

CLAUSE 54 :
The contractor shall engage apprentices such as bricks
layers, carpenters, wireman, plumbers as well as black
smith as recommended by the State Apprenticeship
Advisor Director of Technical Education, Dhobi Talao,
Mumbai-1 on the Construction Work.

Conditions for Maleria Eradication


CLAUSE 55

A) The anti-mallarial and other health measures shall


be as directed by the Joint Director (Malaria &
Filaria) of Health Services, Pune.
B) Contractor shall see that mosquitogenic conditions
are not created so as to keep vector population to
minimum level.
C) Contractor shall carry out anti Malaria measures in
the area as per guidelines prescribed in National
Malaria Eradication Programme and as directed by
the Joint Director (M & F ) of Health Services, Pune.

D) In case of default in carrying out prescribed


antimaleria measures resulting in increase in
malaria incidence, contractor shall be liable to pay
to Government the amount spent by Government on

Signature of Contractor No. of Corrections Executive Engineer


(77)
anti malaria measures to control the situation in
addition to fine.
E) RELATIONS WITH PUBLIC AUTHORITIES:
The contractor shall make sufficient arrangement
for draining away the sullage water as well as water
coming from bathing and washing place and shall
dispose off this water in such a way as not to case any
nuisance. He shall also keep premises clean by
employing sufficient number of sweepers.

The contractor shall comply with all rules


regulations, bye-laws and directions given from time to
time by any local or public authority in connection with
this work and shall pay fees or charges which are
leivable on him without any extra cost to Government.

Signature of Contractor No. of Corrections Executive Engineer


(78)
ADDITIONAL GENERAL CONDITIONS AND SPECIFICATIONS

1 These are to apply as additional specifications and conditions unless


otherwise already provided for contradictorily elsewhere in this
contract.

2 CONTRACTOR TO STUDY SITE CONDITIONS:


The Contractor shall be deemed to have carefully examined the work
and site conditions including labour the general and the special
conditions, the specification schedules, and drawings and shall be
deemed to have, visited the site of the works and to have fully
informed himself regarding the local condition and carried out his
own investigations to arrive at the rates quoted in the tender. in this
regard, he will be given necessary information to the best of
knowledge of department but without any guarantee about it.

If he shall have any doubt as to the meaning of any portion of these


general condition or the special conditions or the scope of work or
the specifications and drawings or any other matter concerning the
contract, he shall in good time before submitting his tender set forth
the particulars thereof and submit them to the Executive Engineer,
P.W. Division, Ambajogai in writing in order that such doubts may
be clarified authoritatively before tendering. Once a tender is
submitted the matter will be decided in accordance to tender
condition in absence of such authentic pre-clarification.

2 A. Competency of Tender
The work will be awarded only to those contractors who are
considered to be substantially responsive bidders, capable of
performing the class of work to be completed, before passing
the final award any or all bidders may have to show that he has
the necessary experience, facilities, ability and financial resources
to execute the work in satisfactory manner and also within the
stipulated time.

3 DECLARATION OF THE CONTRACTOR


The contractor should sign the declaration form on Page No. 151.

4 INDEMNITY :
The contractor shall indemnify the Government against all actions,
suites, suites claims and demands brought or made against it in
respect of any thing done or omitted to be done by the contractor in
execution of or in connection with the work of this contract and
against any loss or damage to the Government in consequence of any

Signature of Contractor No. of Corrections Executive Engineer


(79)
action or suit being brought against the contractor for any thing
done or committed to be done in the execution of the works of this
contract.

5. DEFINITIONS :
Unless excluded by or repugnant to the context : -

a) The expression "Government" as used in the tender documents shall


mean the Public Works Department of the Government of
Maharashtra.

b) The expression "Chief Engineer" as used anywhere in the tender


papers shall mean Officer for the time being of Government of
Maharashtra who is designated as such.

c) The expression "Superintending Engineer" as used in the tender


papers shall mean an officer of Superintending Engineer's rank (by
whatever designation he may be known) under whose control the
work lies for the time being.

d) The expression "Engineer" or "Engineer-in-charge" as used in the


tender papers shall mean the Executive Engineer, in charge of the
work for the time being.

e) The expression “Employee” used in the tender papers shall mean


the party who will employ the contractor to carry out the work.

f) The expression “Deputy Chief Architect” as used in the tender


paper shall mean the Deputy Chief Architect, P.W.D. for this work at
Auranagabd.

g) The expression "Contractor" used in the tender papers shall mean


the successful tenderer whose tender has been accepted, and who
has been authorised to proceed with the work.

h) The expression "Contract" as used in the tender papers shall mean


the deed of contract together with its original accompaniment and
those later incorporated in it by mutual consent.

i) The expression "Plant" as used in the tender papers shall mean every
machinery, necessary or considered necessary by the Engineer to
execute, construct, complete and maintain the works and used in,
altered, modified, substituted and additional work ordered in the
time and in the manner herein provided and all temporary materials
and special and other articles of appliances of every sort, kind and
description whatsoever intended or used hereof.

Signature of Contractor No. of Corrections Executive Engineer


(80)
j) "Drawing" shall mean the drawings referred to in the specifications
and any modifications of such drawings approved in writing by
Engineer and such other drawings as may from time to time be
furnished or approved in writing by the Engineer.

k) 'Engineer's Representative" shall mean an assistance of the


Engineer notified in writing to the Contractor by the Engineer.

l) "Provisional items" shall mean items for which approximate


quantities have been included in the tender documents.

m) The "Site" shall mean the lands and/or other places, on, under in or
through which the work is to be executed under the contract
including any other lands or places which may be allotted by
Government or used for the purpose of contract.

n) The "Work" shall mean the works to be executed in accordance with


the contract or part(s) thereof as the case may be and shall include
all extra, additional, altered or substituted works as required for
performance of the contract.

o) The "Contract Sum" shall mean the sum for which the tender is
accepted.

p) The "Accepting Authority" shall mean the officer competent to


accept the tender.

q) The "Day" shall mean a day of 24 hours from midnight to midnight


irrespective of the number of hours worked in any day in that week.

r) "Temporary works" shall mean all temporary works of every kind


required in or about the execution, completion or ,maintenance of
the works.

s) "Urgent works" shall mean any measure which, in the opinion of the
Engineer-in-charge, become necessary during the progress of the
work to obviate any risk or accident or failure or which become
necessary for security of the work or the persons working, thereon.

(t) The expression “ Latest Valid Certificate ” as used in the tender


papers shall mean certificate valid as on 31/03/2014 or issued after
31/03/2014.

Signature of Contractor No. of Corrections Executive Engineer


(81)
Where the context so required, words importing the singular only
also include the plural and Vice-versa.

Heading and marginal notes, if any, to the general conditions shall


not be deemed to form part thereof or be taken into consideration in
the interpretation or construction thereof of the contract.

Wherever there is mention of "Schedule of Rates" of the Division or


simply D.S.R. in this tender, it will be taken to mean as "The
schedule of the rates of the division in whose jurisdiction the work
lies".

6 ERRORS, OMISSIONS AND DISCREPANCIES:

a) In case of errors, omissions and/or disagreement between written


and scaled dimensions on the drawings or between the drawings and
specifications etc., the following order of preference shall apply.

i. Between actual scaled and written dimensions or description


on a drawing the latter shall be adopted.

ii. Between the written or shown description or dimensions in the


drawing and the corresponding one in the specification the
latter shall apply.

iii. Between the quantities shown in the schedule of quantities


and those arrived at from the drawing the latter shall be
preferred.

iv. Between the written description or the item in the schedule of


quantities and detailed description in the specifications of the
same item, the latter shall be adopted.

b) In case of discrepancy between the rate percentage quoted rate in


figures and words the lowest of the two will be consider for
acceptance of the tender.

c) In all cases of omissions and / or doubts or discrepancies in the


dimensions or description of any item of specifications a reference
shall be made to the Executive Engineer, P.W. Division, Ambajogai
whose elucidation, elaboration or decision shall be considered as
authentic. The contractor shall be held responsible for any errors
that may occur in the work through lack of such reference and
precautions.

Signature of Contractor No. of Corrections Executive Engineer


(82)
d) The special provision in detailed specifications and wording of any
item shall gain precedence over corresponding contradictory
provisions (if any) in the standard specification of Public Works
Department Hand Book where reference to such specifications is
given without reproducing the details in contract.

7 Methodology of Construction and Construction Equipments:

7 A) Methodology of Construction :
The contractor shall furnish at least 15 days in advance his
programme of commencement of items of work, the details of actual
methods that would be adopted by the contractor for the execution of
various items of work such as well sinking cast in situ super
structure for bridge work, earthwork WBM black topping items etc.
for road works supported by necessary detailed drawings and
sketches including those of the plant and machinery that would be
used, their locations arrangement for conveying and handling.
materials etc. and obtain prior approval of the Engineer-in-charge,
well in advance of starting of such item of work, The Engineer-in-
charge, reserve the right to suggest modifications or make
corrections in the method proposed by the contractor, whether
accepted previously or not, at any stage of the work, to obtain the
desired accuracy, quality and progress of work which shall be
binding on the contractor. No claim on account of such change in
method of execution will be entertained by Government so long as
Specifications of the item remain unaltered.

The sole responsibility for the safety and adequacy of the methods
adopted by the contractor will however rest on the contractor
irrespective of any approval given by the Engineer. In case of
slippage from the approved work programme at any stage the
contractor shall furnish revised programme to make up the slippage
within the stipulated time schedule and obtain the approval of the
Engineer to the revised programme.

7 B) CONSTRUCTION EQUIPMENTS
The Contractor shall be required to give trial run of the equipments
for the establishing their capability to achieve the laid down
specifications and tolerance to the satisfaction of the Engineer before
commencement of the work. All equipments provided shall be of
proven efficiency and shall be operated and maintained at all times,
in a manner acceptable to the Engineer and no equipement or
personnel will be removed from the site without permission of the
Engineer.

Signature of Contractor No. of Corrections Executive Engineer


(83)
7 C) PROGRESS SCHEDULE
i] The contractor shall furnish within the period of one month of
the order to start the work, the programme of work in
CPM/PERT charts in quadruplicate indicating the date of
actual start, the monthly progress expected to be achieved and
anticipated completion date of each major item of work to be
done by him, also indicating dates of procurement and setting
up of the materials, plant and machinery. The schedule is to
be such as is practicable of achievement towards the
completion of the whole work in the time limit, and of the
particular items, if any, on the due dates specified in the
contract and shall have the approval of the Engineer-in-charge.
No revised schedule shall be operative without such
acceptance in writing. The Engineer is further empowered to
ask for more detailed schedule or schedules, say; week by
week for any item or items, in case of urgency of work as will
be directed by him and the contractor shall supply the same as
and when asked for.

ii] The contractor shall furnish sufficient plant, equipment and


labour as may be necessary to maintain the progress schedule.
The working and shift hours restricted to one shift a day for
operations to be done under the Government supervision shall
be such as may be approved by the Engineer-in-charge. They
shall not be varied without the prior approval of the Engineer.
Night work which requires supervision shall not be permitted
except when specifically allowed by Engineer each time, if
requested by the contractor. The Contractor shall provide
necessary lighting arrangements etc. for night work as directed
by Engineer without extra cost.

iii] Further, the contractor shall submit the progress report of


work in prescribed forms and charts etc. at periodical intervals
as may be specified by the Engineer-in-charge, schedule shall
be in form of progress charts, forms, progress statement
and/or reports as may be approved by the Engineer.

iv] The contractor shall maintain proforma, charts, details


regarding machinery, equipment, labour, materials, personnel
etc. as may be specified by the Engineer and submit periodical
returns thereof as may be specified by the Engineer-in-charge.

Signature of Contractor No. of Corrections Executive Engineer


(84)
8 AGENT AND WORK ORDER BOOK :
The contractor shall himself engage an authorised all time agent on
the work capable of managing and guiding the work and
understanding the specifications and contract conditions. A qualified
and experienced Engineer shall be provided by the contractor as his
agent for technical matters in case the Engineer-in-charge considers
this as essential for the work and so directs the contractor. He will
take orders as will be given by the Executive Engineer or his
representative and shall be responsible for carrying them out. This
agent shall not be changed without prior intimation to the Executive
Engineer and his representative on the work site.

The Engineer-in-charge has the unquestionable right to ask for


changes in the quality and strength of contractor's supervisory staff
and to order removal from work of any of such staff. The contractor
shall comply with such orders and effect replacements to the
satisfaction of the Engineer-in-charge.

A work order book shall be maintained on site and it shall be the


property of Government and the contractor shall promptly sign
orders given there in by the Executive Engineer or his representative
and his superior officers and comply with them.

The compliance shall be reported by the contractor to the Engineer in


good time so that it can be checked. The Blank work order book with
machine numbered pages will be provided by the Department free of
charge for this purpose. The contractor will be allowed to copy out
instructions therein from time to time.

9 SETTING OUT :

i SETTING OUT FOR ROAD WORKS :


a) The contractor shall establish working bench marks in the
area soon after taking possession of the site. The reference
Bench mark for the are shall be as indicated in the Contract
Document. The working bench mark/s shall be at the rate of
four per Km. and also at or near all drainage structures, over
bridges and underpasses. The working bench marks shall be
got approved from Engineer. Checks must be made on these
bench marks once every month and adjustment if any got
agreed with Engineer and recorded. An up to date record of all
bench marks including approved adjustment, if any shall be
maintained by the contractor and also a copy supplied to the
Engineer for his record.

Signature of Contractor No. of Corrections Executive Engineer


(85)
b) The lines and levels of formation, side slopes, drainage,
carriage ways and shoulders shall be carefully set and
frequently checked, care being taken to ensure that correct
gradients and cross sections are everywhere obtained.

c) In order to facilitate the setting out of the works, the centre


line of the carriage way or highway must be accurately
established by the contractor and approved by the Engineer. It
must then be accurately referenced in a manner satisfactory to
the Engineer, every 50 meters intervals in plain and rolling
terrain and 20 meters intervals in hilly terrain and in all
curves points as directed by the Engineer with marker pegs
and change boards set in or near the fence line, and a
schedule of reference dimensions shall be prepared and
supplied by the contractor to the Engineer. These markers
shall be maintained until the works reach finished formation
level and are accepted by the Engineer.

d) On construction, reaching the formation level stage, the centre


line shall again set out by the contractor and when approved
by the Engineer, shall be accurately referenced in a manner
satisfactory to the Engineer by marker pegs set at the out
limits of the formation.

e) No reference pegs or marker shall be removed or withdraw


without the approval of the Engineer and no earthwork or
structural work shall be commenced until the center lines has
been referenced.

f) The contractor will be the sole responsible party for safeguards


all survey monuments, bench marks, beacons etc. The
Engineer will provide the contractor with the data necessary
for the setting out of the centre line.

All dimensions and levels shown on the drawings or mentioned


in documents forming part of or issued under the contract
shall be verified by the contractor on the site and he shall
immediately inform the Engineer of any apparent errors or
discrepancies in such dimensions or levels. The contractor
shall after or in connection with the setting out of the centre
line, survey the terrain along the road and shall submit to the
Engineer for his approval, a profile along the road centre line
and cross sections at intervals as required by the Engineer.

Signature of Contractor No. of Corrections Executive Engineer


(86)
g) After obtaining approval of the Engineer, work on item of
earthwork can commence and the profile and cross sections
shall form the basis for measurements and payment. The
contractor is responsible for checking that all the basic
traverse points are in place at the commencement of the
contract and if any are missing, or appear to have disturbed,
the contractor shall make arrangements in re-establishing
these points.

A “Survey File” containing the necessary data will be made


available for this purpose. If in the opinion of the Engineer,
design modifications of the centre line or grade are advisable,
the Engineer will issued detailed instructions to the contractor
and the contractor shall perform the modification in the field,
as required and modify the ground levels on the cross sections
accordingly as many times as required. There will be no
separate payment for any survey work performed by the
contractor. The cost of these services shall be considered as
being included in the cost of the items of work in the Bill of
Quantities.

h) The works of setting out shall be deemed to be part of general


works, preparatory to the execution of work and no separate
payment shall be made for the same.

iii) RESPONSIBILITIES FOR LEVEL AND ALIGNMENT:


The contractor shall be entirely and exclusively responsible for the
horizontal and vertical alignment, the levels and correctness of every
part of the work and shall rectify any errors or imperfection therein,
such rectification shall be carried out by the contractor at his own
cost, when instruction are issued to that effect by the Engineer.

10 LEVELING INSTRUMENTS :
If measurements of items of the work are based on volumetric
measurements, calculated from levels taken before and after
construction of the item, a sufficient number of leveling instruments,
staves, tapes etc. will have to be kept available by the contractor at
the site of work for this purpose. Lack of such leveling instruments,
staves, tapes etc. in required numbers may cause delay in
measurement of the work. The contractor will have therefore to keep
sufficient number of these instruments readily available at site and
in good working conditions.

Signature of Contractor No. of Corrections Executive Engineer


(87)
11 AUTHORITIES OF THE ENGINEER-IN-CHARGE'S REPRESENTATIVE:
The duties of the representative of the Engineer-in-charge are to
watch and supervise the work and test and examine any material to
be used or workmanship employed in connection with the works.

The Engineer-in-charge may from time to time, in writing delegate to


this representative any of the powers and authorities vested in the
Engineer-in-charge and shall furnish to the contractor copy of all
such delegations or power and authorities. Any written instruction of
approval given by the representative of the Engineer-in-charge to the
contractor within the terms of such delegations (but not otherwise)
shall bind the contractor and the department as though it had been
given by the Engineer-in-charge, provided always as follows.

Failure of the representative of the Engineer-in-charge to disapprove


any work or material shall not prejudice the power of the Engineer-
in-charge thereafter to disapprove such work or materials so order
the putting down removal or breaking up thereof.

12 CO-ORDINATION :
When several agencies for different sub-works of the project are to
work simultaneously on the project site there must be full co-
ordination and co-operation between different contractors to ensure
timely completion of whole project smoothly. The scheduled dates for
completion specified in each contract shall therefore be strictly
adhered to Each contractor may make his independent
arrangements for water, power, housing etc. if they so desire. On the
other hand the contractors are at liberty to come to mutual
agreement in this behalf and make joint arrangements with the
approval of the Engineer. No contractor shall take or cause to be
taken any steps or action that may cause, description, discontent or
disturbance to work, labour or arrangement, etc. of other contractors
in the project localities any action by any contractor which the
Engineer, in his unquestioned discretion may consider as
infringement of the above code would be considered as a breach of
the contract conditions and shall dealt with as such.

In case of any dispute or disagreement between the contractors, the


Engineer's decisions regarding the co-ordinations, Co-operation and
facilities to be provided by any of the contractors shall be final and
binding on the contractor concerned and such a decision or
decisions shall not vitiate any contract nor absolve the contractor(s)
of his/ their obligations under the contract not form the grounds for
any claims or compensation.

Signature of Contractor No. of Corrections Executive Engineer


(88)
13 ASSISTANCE IN PROCURING PRIORITIES, PERMITS ETC. :
The Engineer on a written request by Contractor will if in his opinion
the request is reasonable and in the interest of work and its
progress, assist the contractor in securing the priorities for
deliveries, transport, permits for controlled materials etc. where such
as needed. The Government will not however be responsible for the
non availability of such facilities or delay in this behalf and no claims
no account of such failures or delays shall be allowed by the
Government.

The contractor shall have to make his own arrangements for


machinery required for the work. However if such is conveniently
available with the Department may be spared as per fuels in force on
recovery of necessary security deposits and rent with agreement in
the prescribed form. Such an agreement shall be independent of this
contract and the supply or non supply of machinery shall not form a
ground for any claim or extension of time limit for this work.

14 QUARRIES :
14.1 The contractor(s) shall have to arrange himself/themselves to
procure the quarry. However necessary assistance will be rendered
by the Department for procuring the quarries if required by the
contractor.

14.2 The quarrying operations shall be carried out by the contractor with
proper equipment such as compressor, jack-hammers, drill bits,
explosives etc. and sufficient number of workmen shall be employed
so as to get the required out turn.

14.3 The contractor shall carry out the works in the quarries in
conformity with all the rules and regulations already laid down or
may be laid down from time to time by Government. Any cost
incurred by Government due to non-compliance of any rules or
regulations or due to damages by the contractor shall be the
responsibility of the contractor. The Engineer-in-charge or his
representative shall be given full facility by the contractor for
inspection at all times of the working of the quarry, records
maintained, the stocks of the explosives and detonators etc. so as to
enable him to check that the working records and storage are all in
accordance with the relevant rules. The Engineer-in-charge or his
representative shall at any time be allowed to inspect the work,
building, and equipment at the quarters.

14.4 The contractor shall maintain at his own cost the books, register etc.
required to be maintained under the relevant rules and regulations
and as directed by the Engineer-in-charge. These books shall be

Signature of Contractor No. of Corrections Executive Engineer


(89)
open for inspection at all times by the Engineer-in-charge or his
representatives and the contractor shall furnish the copies or
extracts of the books or registers as and when required.

14.5 All quarrying operations shall be carried out by the contractor in


organised and expeditious manner, systematically and with proper
planning, the contractor shall engage licensed blaster and adopt
electric blasting and/or any other approved method which would
ensure complete safety to all the men engaged in the quarry and its
surroundings. The contractor shall himself provide suitable
magazines and arrange to procure and store explosives etc. as
required under the rules at his own cost. The designs and the
location of the magazine shall be got approved in advance from the
Chief Inspector of Explosives and the rules and regulations in this
connection as laid down by the Chief Inspector of Explosives, from
time to time shall be strictly adhered to by the contractor. It is
generally experienced that it takes time to obtain the necessary
license for blasting and license for storage of material from the
concerned authorities. The contractor must therefore take timely
advanced action for procuring all such licenses so that the work
progress may not be hampered.

14.6 The quarrying operations shall be carried out by the contractor to the
entire satisfaction of the Engineer-in-charge and the development of
the quarry shall be made efficiently so as to avoid the wastage of
stones. Only such stone as are the required quality shall be used on
the work. Any stone which is in the opinion of the Engineer-in-
charge, not in accordance with the specifications or of required
quality will be rejected at any time, at the quarry or at the site of
work. The rejected material shall not be used on the work and such
rejected material shall be removed to the place shown at the
contractor's cost.

14.7 The approaches to the quarrying place from the existing public roads
shall have to be arranged by the contractor at him own cost, and the
approaches shall be maintained by the contractor at his own cost till
the work is over.

14.8 Since all stones quarried from Government quarry (if made available)
by the contractor including the excavated over burden are the
property of the Government, no stones or the earth shall be supplied
by the contractor to any other agencies or works, and are not allowed
to be taken away for any other works. All such surplus quarried
materials not required for work under this contract shall be the
property of the Government shall be handed over by the contractor to
the Government free of cost at the quarry site duly heaped at the

Signature of Contractor No. of Corrections Executive Engineer


(90)
spots indicated by the Engineer-in-charge. If however the
Government does not require such surplus material, the contractor
may be allowed to dispose off or use such material else where with
prior written permission of Engineer-in-charge. Leaving off a quarry
face or opening of new quarry face shall be done only on the approval
of the Engineer-in-charge.

14.9 Quarrying permission will have to be directly obtained by the


contractor from the collector of the District concerned for which
purpose the Department will render necessary assistance. All quarry
fees, royalty charges, octroi duties ground rent for stacking material
etc. if any to be paid shall be paid directly by the contractor as per
rules in force.

14.10 The contractor will be permitted to erect at his own risk and cost at
the quarry site if suitable vacant space in Government area is
available for the purpose, of his own structures or stores, offices etc.
at places approved by the Engineer-in-charge. On completion of the
work the contractor shall remove all the structures erected by him
and restore the site to its original conditions.

14.11 The contractor shall not use land in the quarry for cultivation or for
any other purpose except that required for breaking or transporting
stones.

14.12The contractor will be responsible to make all payment of quarry


fees, royalty etc.

14.13The claims/ representation on account of change of source of


material or closing of quarries by the Revenue or change in leads
extra shall not be entertained. The contractor shall study the lead for
material including sand carefully before quoting rates.

15 COLLECTION OF MATERIALS :
i. Where suitable and approved P. W. Department's quarries
exist, the contractor or piece worker will be allowed if otherwise
there is no objection to obtain the materials to the extent
required for the work from the quarry. He will be however,
liable to pay compensation, if any damage is caused to the
quarry either deliberately or through negligence or for wastage
of materials by himself or his staff or labour. The contractor
shall pay necessary royalty in advance and shall submit
detailed account materials quarries as directed.

Signature of Contractor No. of Corrections Executive Engineer


(91)
ii Where no suitable P. W. Department's quarries exist or when
the quality of the material required cannot be obtained from P.
W. Department quarry the contractor or piece-worker shall
make his own arrangement to obtain the material from existing
or a new quarry in Government waste land, private land or
land belonging to other states or talukas, etc. After opening the
quarry but before starting collection, the quarry shall be got
approved by the Engineer-in-charge or his representatives. The
contractor or piece workers shall pay all royalty charges
compensation etc. No claims or responsibility on account of
any obstruction caused to execution of the work by difficulties
arising out of private owners of land, will be entertained.

iii The rates in the tender includes all incidental charges such as
opening of new quarry, opening out a new portion in a existing
quarry, removing top soil and the unsuitable material,
dewatering a quarry, cost of blasting powder and fuse, lift,
lead, repairs of existing cart tracks, making new cart tracks,
control charges Central/State Government or municipal taxes.

iv The rates in the tender are for the delivery of approved material
on road side properly stacked at places specified by Engineer-
in-charge and are inclusive of conveyance charges in respect of
the leads and lifts. No claim on account of the charges in lead
will be entertained.

v No material shall be removed from the land within road


boundary or from the land touching it without the written
permission of the Engineer-in-charge or his authorised agent.
If any material is unauthorisely obtained from such places, the
contractor or piece worker shall have to make good the
damages and pay such compensation, in addition as may be
decided by the Executive Engineer and will have stop further
collection.

vi Any material that falls on any P.W.D. Road from the cart etc.
during conveyance shall be immediately picked up and
removed by the contractor or piece-worker, failing which it will
be got removed departmentally at his cost. No heap shall be
left prior to stacking even temporarily on the road surface or in
any way so as to cause any obstruction or danger to the traffic.
The contractor or the piece worker shall be liable to pay for any
claims of compensation etc. arising out of accident etc. Any
such material causing obstruction or danger etc. will be got
removed departmentally at his cost and no claims for any loss

Signature of Contractor No. of Corrections Executive Engineer


(92)
or damage to the material, thus removed, will be entertained.
The contractor shall also be responsible for the damage or
accident etc. arising out of any material that falls on the road
or track, not in charge of the Department and shall attend to
any complaints which may be received.

vii The material shall not be stacked in place where it is liable to


be damaged or lost due to traffic passing over it, to be washed
away by rains or flood, to be buried under the land slide etc. or
to slip down on embankment or hill side etc. No claims for any
loss due to these and similar causes will be entertained.

viii Before stacking, the material shall be freed from all earth,
rubbish, vegetable matter, and other extraneous substance
and in the case of metal, screened to gauge, if so directed.
When ready, it shall be stacked entirely clear of the road way,
on ground which has been cleaned of vegetation and leveled.
On high banks, ghat roads etc. where it may not be practicable
to stack it entirely clear of the road way, it may stacked with
the permission of the Engineer-incharge on berms in such a
way such a way as to cause minimum danger and obstruction
to the traffic or as may be directed by him.

ix The size of the stack of the materials other than rubble shall
be 3 x 1.5 x 0.60 meter or such other size as may be directed
by the Engineer-in-charge and all but one stack in 200 meters
shall be of the same uniform size and shall be uniformly
distributed over whole lengths. One stack (at the end) in each
200 mtrs. may be of length different from the rest in order to
adjust total quantity to be required but its width and height
will be the same as those of the rest.

x The Sub-Divisional Officer shall supply the contractor with a


statement showing 200 metre wise quantities that will be
required and the order in which the collection is to be done. No
materials in excess of requirements in that 200 metre shall be
stacked. Any excess quantity shall be removed at the expense
of the contractor or piece worker to where it is required before
the material in that 200 metre is finally measured.

xi In stacking materials, the deposition shall commence at the


end of the km. farthest from the quarry and be carried
continuously to the other end (unless other wise directed by
the Executive Engineer). Stacking in one 200 metre shall
be completed before it is started in another unless directed
otherwise in writing by the Executive Engineer. Measurements

Signature of Contractor No. of Corrections Executive Engineer


(93)
of the materials stacked in the 200 metre will not be recorded
until the full quantity required has been stacked unless other
wise authorised by Engineer in writing. Collecting and
spreading shall not be carried on at the same time in one and
the same Km. or in two adjoining kms except with the written
permission of the Executive Engineer .

xii Unless otherwise directed, the materials shall be collected in


the following order according to availability of space:

(1) Rubble (if included in tender). (2) Metal, (3) Soft murum and
(4) Hard Murum. Hard murum shall be stacked on the side
opposite to that on which soft murum has been stacked.
Similarly metal collected for petty repairs shall be stacked on
the side opposite to metal for new layer. Where metal for two
layers has to be stacked as in the case of new roads, the metal
for each layer shall be stacked on opposite sides of the road.

xiii All road material shall be examined and measured before it is


spread. The labour for measurements (and check
measurements wherever carried out) shall be supplied by the
contractor or piece worker. Immediately after the
measurements are recorded, the stacks shall be marked by the
contractor or piece worker by white wash or otherwise as may
be directed by the Executive Engineer to prevent of any
possibility of the same material being measured and recorded
over again to prevent any unauthorised tampering with the
stacks. If the contractor or piece worker fails to attend the
measurements of materials after receiving the notice from the
Sub-Divisional Officer or his subordinate stating date and time
of the intention to measure the work, the same shall be
measured nevertheless and no complaint in this respect will be
entertained latter on. If the contractor or piece worker fails to
supply sufficient labour for the materials required at the time
of measurements or check measurements after due notice has
been given to him, the expenses incurred on account of
employing Departmental labour or material etc. shall be
charged against his account.

xiv No deduction will be made for voids.

Signature of Contractor No. of Corrections Executive Engineer


(94)
16 TEMPORARY QUARTERS AND SITE OFFICE :
i The contractor shall at his own expense maintain sufficient
experienced supervisory staff etc. required for the work and
shall make his own arrangement provide housing for them
with all necessary arrangements including fire preventive
measures etc. as directed by Engineer in charge.

ii The contractor shall provide, furnish, maintain and remove on


completion of the work a suitable office on the work site for the
use of the Executive Engineer’s representative. The covered
area exclusive of varandah should not be less than 37.17 sqm.
It may have bomooo matting walls and asbestos or corrugated
iron roof, paved floor should be 45 cm above ground level. He
should provide latrines, urinals and keep them clean daily.
This will be supposed to be included in his rates.

17 TREASURE TROVE :
In the event of discovery by the contractor or his employees during
the progress of the work if any treasury fossils, minerals or any other
articles of value or interest, the contractor shall give immediate
intimation thereof to the Engineer and forthwith make over to the
Engineer and forthwith make over to the Engineer such treasure or
things which shall be the property of the Government.

18 PATENTED DEVICE MATERIALS AND PROCESSES


Whenever the contractor desires to use any designed device materials
or process covered by letter of patent or copy right, the right for such
use shall be secured by suitable legal arrangement and agreement
with patent owner and the copy of their agreement shall be filed with
the Engineer-in-charge so desired by the latter.

19 EXPLOSIVES :
The contractor shall at his own expense construct and maintain
proper magazines if such are required for the storage of explosive for
use in connections with the works and such magazines being
situated, constructed and maintained, in accordance with the
Government rules applicable on that behalf. The contractor shall at
his own expenses obtain such license or licenses as may be
necessary for storing and using explosives, Not-with-standing that
the locations etc. of storage of explosive are approved by the
Engineer. The Government shall not bear any responsibility
whatsoever in connection with the storage and use of the explosives
on the site or any accident or occurrence whatsoever in connection
there with all operations of the contractor in or for which explosives
are employed being at the risk of the contractor and upon his sole

Signature of Contractor No. of Corrections Executive Engineer


(95)
responsibility and the contractor hereby give to Government an
obsolete indemnity in respect thereof.

20 DAMAGE BY FLOODS OR ACCIDENTS :


The contractor shall take all precautions against damage by floods or
tides or from accidents etc. No compensation will be allowed to the
contractor on this account or for correcting and repairing any such
damage to the work during construction. The contractor shall be
liable to make good at his cost any plant or material belonging to the
Government lost or damaged by floods or from any other cause while
in his charge.

21 POLICE PROTECTION :
For the special protection of the camp of the contractors work the
Department will help the contractor as far as possible to arrange for
such protection with the concerned authorities if so required by the
contractor in writing. The full cost of such protection shall be borne
by the contractor.

22 TRAFFIC REGULATIONS:

22.1 Unless separately provided for in the contract the contractor shall have to
make all necessary arrangements for regulating traffic, day and night
during the period of construction to the entire satisfaction of the Engineer.
This includes the construction and maintenance to diversion if necessary
at no extra cost to Government. The contractor shall regulate the traffic as
per direction of Engineer in charge. The contractor shall have to provide
necessary caution boards, barricades, flags, lights and watchman etc. so
as to comply with the latest Motor Vehicles rules and regulations for traffic
safety and he shall be responsible for all claims from accidents which may
arise due to his negligence whether in regulating the traffic or in stacking
materials on the roads, or due to any other reasons. The contractor shall
maintain the diversion properly at his own cost as directed by Engineer in
Charge till the completion of work.

22.2 The contractor shall at all times carry out the work on the road in a
manner creating least interference to the flow of traffic, while consistent
with the satisfactory execution of the same. For all works, involving
improvements to the existing road, the contractor shall, in accordance with
the directives of the Engineer, provide and maintain, during the execution
of work a passage for traffic, either along or part of the existing carriage
way under improvement or along a temporary diversion constructed close
to the road.

22.3 It is to be clearly understood that whatever work carried out by the


contractor for construction of diversion road including earthwork,
W.B.M. Bituminous Surface Dressing, R.C.C. pipe drains etc. will be
paid for only once. If the items of temp. diversion are included in the

Signature of Contractor No. of Corrections Executive Engineer


(96)
contract and if due to flow of traffic, due to floods or due to any other
cause, this diversion road and/ or the R.C.C. drain gets damaged it
shall be repaired and maintained by the contractor in good condition
till completion of the whole work at his own expenses.

22.4 The contractor have to make own arrangements for temporary


acquisition of land, if required for diversion.

23. SUPERVISION & INSPECTION OF WORKS & QUALITY CONTROL

23.1 SUPERVISION
The contractor shall either himself supervise the execution of the
works or shall appoint the competent agent approved by the
Engineer-in-charge, the contractor has himself no sufficient
knowledge and experience of receiving instructions or cannot give his
full attention to the works, the contractor shall at his own expenses,
employ as his accredited agent a qualified engineer approved by the
Engineer-in-charge.

Orders given to the contractor's agent shall be considered to have the


force as if these had been given to the contractor himself. If the
contractor fails to appoint a suitable agent as directed by the
Engineer-in-charge, the Engineer-in-charge shall have full power to
suspend the execution of the work until such date suitable agent is
appointed and the contractor shall be responsible for the delay so
caused to the works and the contractor shall not be entitled for any
compensation on this behalf.

23.2 INSPECTION :
The contractor shall inform the Engineer-in-charge in writing when
any portion of work is ready for inspection giving him sufficient
notice to enable him to inspect the same without affecting the further
progress of the work. The work shall not be considered to have been
completed in accordance with the terms of the contract until the
Engineer-in-charge shall have certified in writing to that effect.
Approvals of materials or workmanship or approval of part of the
work during the progress of execution shall not bind the Engineer-in-
charge or in any way affect him even to reject the work which is
alleged to be completed and to suspend the issue of his certificate of
completion until such alteration and modification or reconstruction
have been affected at the cost of the contractor as shall enable him to
certify that the work has been completed to his satisfaction. The
contractor shall provide at his cost necessary ladders and such
arrangements as to provide necessary facilities and assistance for
proper inspection of all parts of work at his own cost.

Signature of Contractor No. of Corrections Executive Engineer


(97)
24 INSPECTION OF OPERATION
The Engineer and any person authorised by him shall at all times
have access to the works and to all work shops and places (including
required documents) where work is being prepared or from where
materials, manufactured articles or machinery are being afford every
facility for and every assistance in or in obtaining the right to such
access.

25 INITIAL MEASUREMENTS FOR RECORD :


Where, for proper measurement of the work, it is necessary to have
an initial set of levels or other measurements taken, the same as
recorded in the authorised field book or Measurement Book of
Government by the Engineer or his authorised representative will be
signed by the contractor who will be entitled to have true copy of the
same made at his cost any failure on the part of the contractor to get
such levels etc. recorded before starting the work will render him
liable to accept the decision of the Engineer as to the basis of taking
measurements, likewise the contractor will not cover any work which
will render its subsequent measurements, difficult or impossible
without first getting the same jointly measured by himself and the
authorised representative of the Executive Engineer. The record of
such measurements on the Govt. side will be signed by the
contractor and he will be entitled to have true copy the same made at
his cost.

26 SAMPLES AND TESTING OF MATERIALS :


(i) All materials to be used on work shall be got approved in advance
from the Engineer-in-charge and shall pass the test and /or analysis
required by him which will be

(a) as specified in the specifications for the items concerned and/


or
(b) Red Book

(c) as specified by the Indian Road Congress Standard


specifications and code of practice for road, Bridges or

(d) as per I.S.I specifications Whichever and wherever applicable


or

(e) as per Ministry of Surface Transport specifications for road


and Bridges IIIrd edition Section 900 quality control for road
work

Signature of Contractor No. of Corrections Executive Engineer


(98)
(f) such recognised specifications acceptable to the Engineer-in-
charge as equivalent thereto or in the absence of such
authorised specifications

(g) such requirements test and/or analysis as may be specified by


the Engineer-in-charge in the order of procedure given above.

ii) The contractor shall at his risk and cost make all arrangement
and/or shall provide for all such facilities as the Engineer-in-
charge may require for collecting preparing testing required
number of samples for tests or for analysis at such time and to
such place or places as may be directed by the Engineer and
bear all charges and cost of testing such samples shall also be
deposited with the Engineer-in-charge till sent for testing.

iii) The contractor shall as and when required submit at his cost the
samples of materials to be tested or analyzed and if so directed shall
not make use of or incorporate in the works any materials to be
represented by the samples until the required tests, or analysis have
been made and the materials finally accepted by the Engineer-in-
charge.

iv) The contractor shall not be eligible for any claim or compensation
either arising out of any delay in the work or due to any corrective
measures required to be taken on account of and as a result of
testing of the materials.

v) The contractor or his authorised representative will be allowed to


remain present in the departmental laboratory while testing samples
furnished by him. However the results of all the tests carried out in
the departmental laboratory in the presence or absence of the
contractor or his authorised representative will be binding on the
contractor.

vi) The cost of the routine day to day quality control testing charge for
tests required as per specifications will be borne by contractor by
sending the same to the concerned Government Laboratory.

vii) (a) The contractor shall have at his own cost set up laboratory to
carry out the routine tests of materials which are to be used on
the work. The tests will have to be carried out either in his field
laboratory or in an approved laboratory. In case tests are
carried out in field laboratory at least 50% testing should be
carried out at the nearest quality control laboratory of the
Department. Failing to which recovery at prescribed rate of
P.W.D. Quality Laboratory will be effect from contractor’s bill.

Signature of Contractor No. of Corrections Executive Engineer


(99)
(b) Where such field/ site laboratory has been setup by the
contractor, the same shall be checked and got approved from
the Executive Engineer-in-charge of the work.

(c) On the work, where no such field/ site laboratory is setup,


100% testing of material which are to be used on the work will
have to be got tested from the Vigilance and Quality Control
Laboratory of the department.

SPECIAL CONDITIONS

The contractor shall adhere to the frequency of testing of the material


which are to be used on the work as per the frequency chart
appended as annexure “B”. The quality control test required on
materials are approved as annexure “A”. The number of test to be
conducted on materials which are to be used on the work indicated
in the frequency chart are minimum required test. The Engineer-in-
charge may ask for more number of tests as and where required.

viii) In case of material procured by the contractor testing as required by


codes and specifications shall be arranged by him at his own cost.
Testing shall be done in the presence of the Engineer-in-charge at
the nearest approved laboratory. If additional testing other than as
required by the specifications is ordered, the testing charges shall be
borne by the Department, if the test results are satisfactory and by
the contractor if the same are not satisfactory.

ix) In case of the materials supplied by the Government, if the


contractor demands certain testing, the charges thereof shall be paid
by the contractor if the test results are satisfactory and by the
Department if the same are not satisfactory.

x) Testing shall be carried out at approved P.W.D. Govt. laborateries or


Institutions as directed by the Engineer-in-charge and all testing
charges shall be borne by the contractor.

xi) 15% of the rate shall be withheld and shall be released only after the
receipt of the satisfactory test results whenever specified excluding
concrete items. "Routine test shall mean testing of aggregate for
gradation, flakiness index, impact value and binder contents."

xii) Mix design of concrete items where specified shall be brought by the
contractor at his own cost, from Government laboratory. Also testing
of high tensile steel is to be done by the contractor at his own cost.

Signature of Contractor No. of Corrections Executive Engineer


(100)
27 MISCELLANEOUS :
1. Rate shall be inclusive of sales Tax, Turn over tax, Octroi duty,
General Tax and other taxes etc.

2. For providing electric wiring or water lines etc. recessed shall be


provided if necessary through walls, beams, slabs, etc. and later on
refilled up with braces or stone, chipping, cement mortar without
any extra cost.

3. In case it becomes necessary for the due fulfillment of contract for


the contractor to occupy land outside the department limits, the
contractor will have to make his own arrangements with the land
owners and to pay such rents if any are payable as mutually agreed
between them. The department will afford the contractor all the
reasonable assistance to enable him to obtain Government land for
such purpose on usual terms and conditions as per rules of
Government.

4. Special provision in detailed specifications or wording of any item


shall gain precedence over the corresponding contradictory provision
(if any) in the standard specifications or P.W.D. Hand book where
reference to such specifications is given without reproducing the
details in contract. Decision of the Engineer-in-charge shall be final
in case of interpretation of specifications.

5. Suitable separating Barricades and enclosures as directed shall be


provided to separate material brought by contractor and material
issued by Government to contractor under schedule 'A' some applies
for the material obtained from different sources of supply.

6. It is presumed that the Contractor has gone carefully through the


Standard Specifications of P.W.D. Hand books (Vol I and II 1981
edition) and MOST specifications edition 1995 and the schedule of
Rate of the Division and studied the site conditions before arriving at
rates quoted by him.

7. The stacking and storage of construction material at site shall be in


such a manner as to prevent deterioration or intrusion of foreign
matter and to ensure the preservation of their quality, properties and
fitness for the work. Suitable precautions shall be taken by the
contractor to protect the material against atmospheric actions, fire
and other hazards. The materials likely to be carried away by wind
shall be stored in suitable stores or with suitable barricades and
where there is likely hood of subsidence of soil, heavy materials shall
be stored on paved platforms. The contractor shall at his own
expenses, engage watchmen for guarding the materials and plant

Signature of Contractor No. of Corrections Executive Engineer


(101)
and machinery and the work during day and night against any
pilferage or damage and also for prohibiting trespassers.

8. For Road and Bridge works the contractor shall in addition to the
specification cited here, comply with requirements of relevant IRC
code of practice, M.O.R.T.H. specifications.

9. The contractor shall be responsible for making good the damages


done to the existing property during construction by his men.

10. If it found necessary from safety point of view to test any part of the
structure, the test shall be carried out by the contractor with the
help of the Department at his own cost.

11. The contractor shall provide, maintain, furnish and remove on


completion, temporary shed for office on work site for the use of the
Executive Engineer's representative.

12. Defective work is liable to be rejected at any stage. The contractor, on


no account can refuse to rectify the defects merely on reasons that
further work has been carried out. No extra payment shall be made
for the rectification.

13. In the schedule 'B' the work has been divided into sections but not-
with-standing this, every part of it shall be deemed supplementary to
and complementary of every other part.

14. General directions or detailed description of work, materials and


items coverage of rates given in the specifications are nor necessarily
repeated in the Bill of Quantities/Itemwise Specifications. Reference
is, however drawn to the appropriate section clause(s) of the General
specifications in accordance with the work is to be carried out.

15. In the absence of specific directions to the contrary, the rates and
prices inserted in the items are to be considered as the full inclusive
rates and prices for the finished work described there-under and are
to cover all labour, materials, wastage, temporary work, plant
overhead charges and profits, as well as the general liabilities ,
obligations and risks arising out of the general conditions of
contract.

16. The quantities set down against the item in the schedule 'B' are only
estimated quantities of each kind of work included in the contract
and are not to be taken as a guarantee that the quantities scheduled
will be carried out or required or that they will not be exceeded.

Signature of Contractor No. of Corrections Executive Engineer


(102)
17. All measurements will be made in accordance with the methods
indicated in the specification and read in the conjunction with the
General Conditions of contract.

18. The details shown on drawings and all other information pertaining
to the work shall be treated as indicative and provisional only and
are liable to variation as found necessary while preparing working
drawing which will be supplied by the Government during execution.
The contractor shall not, on account of such variation be entitled to
any increase over the ones quoted in the tender which are on
quantity basis.

19. The recoveries if any from contractor will be effected as arrears of


land revenue through the Collector of the District.

20. Clause 101 to 107 of specifications of Road and Bridge work adhered
herewith will be applicable to works as per schedule “B” unless
specified otherwise in the detailed of the relevant items.

21. All materials used in the constructions shall conform to the


requirements of specifications clause under section –1000 “Materials
for Structures” of specifications of Road and Bridges work, MOST
New Delhi, and also the P.W.D. Standard Specifications.

22. Extraneous materials and steps to minimum dust nuisance during


construction shall be as per clause 111 of MOST specifications (Third
Edition)

28 PROTECTION OF UNDERGROUND TELEPHONE CABLE AND


AERIAL TELEPHONE WIRES AND POLES, TRANSMISSION
TOWERS, ELECTRICITY CABLES AND WATER SUPPLY LINES:

During the execution of work, it is likely that the contractor may


meet with telephone cables, electricity cables, water supply lines etc.
it will, therefore be the responsibility of the contractor to protect
them carefully. All such cases should be brought to the notice of the
Engineer-in-charge by the contractor also the concerned department.
Any damage what-so-ever done to these cables and pipe lines by the
contractor shall be made good by him at his cost.

29 MEDICAL AND SANITARY ARRANGEMENT TO BE PROVIDED


FOR LABOUR EMPLOYED IN THE CONSTRUCTION BY THE
CONTRACTOR.

(a) The contractor shall provide an adequate supply of potable water for
he use of laborers on work and in camps.

Signature of Contractor No. of Corrections Executive Engineer


(103)
(b) The contractor shall construct trench or semi permanent latrines for
the use of laborers, separate latrines shall be provided for men and
women.

(c) The contractor shall build sufficient number of huts on a suitable


plot of land for the use of the laborers according to the following
specifications.

(1) Huts of bamboos and grass may be constructed.

(2) A good site not liable to submergence shall be selected. High


ground remote from jungle but well provided with trees, shall
be chosen wherever it is available. The neighborhood of tank,
jungle grass or woods should be particularly avoided. Camps
should not established close to large cuttings of earth work.

(3) The line of huts shall have open spaces of at least 10 years
between rows. When a good natural site can not procured,
particular attention should be given to the drainage.

(4) There should be no over crowding. Floor space at the rate of


2.78 Sq. metre per head shall be provided. Care should be
taken to see that the huts are kept clean and in good order.

(5) The contractor must find his own land and if he wants
Government land, he should apply for it and pay assessment
for it, if made available by Government.

(6) The contractor shall construct a sufficient number of bath


places, washing places should also be provided for the purpose
of washing cloths.

(7) The contractor shall make sufficient arrangements for draining


away the surface and sullage water as well as water from the
bathing and washing places and shall dispose off this waste
water in such a way as not to cause any nuisance.

(d) The contractor shall engage a Medical Officer, with a traveling


dispensary for a camp containing 500 or more persons, if there is no
Govt. or other private dispensary situated within eight kilo metres
from the camp. In cases of emergency, contractor shall arrange at his
cost, for transport for quick medical help to his sick worker.

(e) The contractor shall provide the necessary staff for effecting a
satisfactory drainage system and cleanliness of the camp to the

Signature of Contractor No. of Corrections Executive Engineer


(104)
satisfaction of the Engineer. At least one sweeper per 200 person
should be engaged.

(f) The Assistant Director of Public Health shall be consulted before


opening a labour camp and his instructions on matters such as
water supply, sanitary conveniences, the camp site, accommodation
and food supply shall be followed by the contractor.

(g) The Contractor shall make arrangements for anti-malerial measures


to be provided for the labour employed on the work. The anti-
malerial measures shall be provided as directed by the Assistant
Director of Public Health.

(h) Where workers are required to work near machine and are liable to
meet with accident they should not be allowed to wear loose cloth
like Dhoti, Jhabba etc.

30. SAFETY MEASURES AND AMENITIES :


The contractor shall take all necessary precautions for the safety of
the workers and preserving their health while working in such job as
required special protection and precautions. The following are some
of the requirement listed though not exhaustive. The contractor shall
also comply with the directions issued by the Engineer, in this behalf
from time to time and at all times.

1) Providing protective foot-wear to workers in situations like mixing


and placing of mortar or concrete, in quarries and places where the
work is one under too much wet conditions as also for movements
over surface infected with oyster growth etc.

2) Providing protective head wear to workers working in quarries etc. to


protect them against accident or fall of material from above.

3) Taking such normal precautions like providing hand rails at the


edges of the floating platforms or barrages not allowing nails or metal
parts or useless timber to spread around etc.

4) Supporting workmen with proper belts, ropes etc. when working on


any masts, cranes, grabs, hoist, draggers etc.

5) Taking necessary steps towards training the workers concerned on


the use of machinery before they are allowed to handle it
independently and taking all necessary precautions in and around
the areas where machines hoists and similar units are working.

Signature of Contractor No. of Corrections Executive Engineer


(105)
6) Providing adequate number of boats if at all require for playing in
water to prevent over loading, and over crowding.

7) Providing life belts to all men working at such situations from where
they may accidentally fall in to the water. Equipping the boats with
adequate number of life belts etc.

8) Avoiding bare live wires etc. as would electrocutes, workers.

9) Making all plat-forms staging and temporary structures sufficiently


strong and not to causing inconvenience and risk to the workmen
and supervisory staff.

10) Provide sufficient first aid trained staff and equipment to be available
quickly at the work site to render immediate first aid treatment in
case of accidents due to suffocation’s drowning and other injuries.

11) Take all necessary precautions with regard to use of divers.

12) Providing full length gum boots, leather hand gloves leather jacket
with fire proof apron to cover the chest and back reaching upto
knees and protective goggles for the eyes, to the labourer working
with hot asphalt handling, vibrator in cement concrete and also
where use of any or all these items is beneficial in the interest of
health and well being of the laborers in the opinion of the Engineer.

13) Suitable scaffolds shall be provided for workmen for all works that
can not safely be done from the ground or from solid construction
except such short period work as can be done safely from ladders.
When ladder is used, an extra mazdoor shall be engaged for holding
the ladder and if the ladder is used for carrying the materials as well
a suitable footholds and handfolds shall be provided on the ladder
and ladder shall be given an inclination not steeper than 1:4 (1
horizontal and 4 vertical)

14) Scaffolding or staging more than 3.25 meters above the ground or
floors, swing or suspended from an overhead support or erected with
stationary support shall have a guard rail properly attached, bolted,
braced and otherwise assured at least one metre 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 delivery of materials. Such scaffolding or
staging shall be so fastened as to prevent it from swaying from the
building or structure.

Signature of Contractor No. of Corrections Executive Engineer


(106)
15) Working platform, gangway and stairways shall be so constructed
that they do not sag unduly or are more than 3.25 meters above
ground level or floor level. It shall be closely boarded, have adequate
width and be suitable fenced as directed in 14 above.

16) Every opening in structure or in a working platform shall be provide


with suitable protection to prevent fall of person or materials by
providing suitable fencing or railing with minimum height of 1 meter.

17) Safe means of access shall be provided to all working platforms and
working places. Every ladder shall be securely fixed. No portable
single ladder shall be over 9 meters in length, width between side
rails in hung ladder shall in no case may be less than 30 cms. for
ladders upto and including 3 mtrs. in length. For longer ladders, this
width shall be increased at least 6 mm. for each additional 30 cms.
of length. Uniform step spacing shall not exceed 30 cms.

18) Adequate precautions shall be taken to prevent danger from


electrical equipment. No material on any of the sites shall be 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 public from accident and proceeding of law that may be
brought by any person for injury sustained owing to neglect of the
above precaution and to pay any damages and costs which may
awarded in any such suit action or proceedings to any such person
or which may with the consent of the contractor, to be paid to
compromise any claim by any such person.

19) All necessary personal safety equipment as considered adequate by


the Engineer-in-charge shall be available for use of person employed
on the site and maintained in a condition suitable for immediate use
and the contractor shall take adequate steps to ensure proper use of
equipment by those concerned.

a) Workers employed on mixing asphaltic materials, cement or


lime mortars concrete shall be provided with protective
footwear and protective goggles.

b) Those engaged in handling any materials, which is injurious to


eyes shall be provided with protective goggles.

c) Those engaged in welding works shall be provided with


welder's protective eye-shields.

d) Stone breaker shall be provided with protective goggles and


protective clothing and seated at sufficiently safe intervals.

Signature of Contractor No. of Corrections Executive Engineer


(107)
e) When workers are employed in sewer and manholes which are
in use the contractor shall ensure that manhole covers are
open and manholes are ventilated at least for an hour before
workers are allowed to get into them. Manholes opened shall
be cordoned off with suitable railing and provided with warning
signals or boards to prevent accident to public.

f) The contractor shall not employ men below the age of 18 and
the women 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 shall be taken.

i) No paint containing lead or lead product shall be used


except in the form of paste or ready made paint.

ii) Suitable face masks shall be supplied for use by workers


when paint is applied in the form of spray or surface
having lead paint, dry rubbed and scrapped.

iii) Overalls shall be supplied by the contractor to workmen


and adequate facilities shall be provided to enable
working painters to have wash during and on cessation
of work.

g) When work is done near any place where there is risk of


drowning all necessary equipment shall be provided and kept
ready for use and all necessary steps taken for prompt rescue
of any person in danger and adequate provision made for
prompt first aid treatment of all injuries likely to be sustained
during the course of the work.

Use of hoisting machines and shackle including their


attachments, anchorage, supports shall confirm to the
following :

a) i) These shall be good mechanical construction, ground


materials and adequate strength and free from patent
defects and shall be kept in good working order.

ii) Every rope used in hoisting or lowering materials or as


means of suspension shall be of durable quality and of
adequate strength and free from patent defects.

Signature of Contractor No. of Corrections Executive Engineer


(108)
b) Every crane or hoisting appliance operator shall be properly
qualified and no person under the age of 21 years shall be in-
charge of any hoisting machine including any scaffolding.

c) In case of every hoisting machine and of every chain, ring,


hook, shackle and pulley block used in hoisting or lowering or
means of suspension, safe working shall be ascertained by
adequate means. Every hoisting machine and all gear referred
to above shall be clearly marked with safe working load.

In case of a hoisting machine having variable safe working


load, each safe working load and the conditions used which it
is applicable clearly indicated. No part of any machine or of
any good referred above in this paragraph shall be loaded
beyond safe working load except for the purpose of testing.

d) In case of Departmental machines safe working load shall be


notified by the Engineer-in-charge. As regards contractor's
machines contractor shall notify safe working load of each
machine to the Engineer-in-charge wherever, he brings it to
site of work and get it verified by Engineer-in-charge.

Motors, gearing transmission, electric wiring and other


dangerous parts of hoisting appliances shall be provided with
such means as will reduce the minimum risk to the accidental
descent of load. Adequate precautions shall be taken to reduce
to the minimum the risk of any part of a suspended load
becoming accidentally displaced, when workers are employed.
On electrical installations which are already energised
insulating wearing materials approved such as gloves, sleeves
and coats as may be necessary, shall be provided. Worker shall
not wear any rings, watches and carry keys and other material
which are good conductor of electricity.

All scaffolds, ladder and safety devices mentioned or described


herein shall be maintained in a safe condition and no scaffold
ladder or equipment shall be altered or removed while it is in
use. Adequate washing facility shall be provided at near place
of work.

(e) These safety provisions shall be brought to the notice of all


concerned by display on a notice board at prominent place at
the work spot. Persons responsible for ensuring compliance
with the safety code shall be named there in by the contractor.

Signature of Contractor No. of Corrections Executive Engineer


(109)
i) To ensure the effective enforcement of the rules and
regulations relating to safety precautions, arrangements
made by the contractor shall be open to inspection by
the Engineer-in-charge or his representative and the
inspecting officers.

ii) Failure to comply with the provisions hereunder shall


make the contractor liable to pay to the Department as a
penalty an amount not exceeding Rs. 50/- for each
default and decision of the Engineer-in-charge shall be
final and binding.

Not withstanding the above conditions the contractor is not


exempted from the operation of any other Act or Rules in force.

31 EXCAVATION AND TRENCHING:


All trenched 1.5 metres or more in depth, shall at all times be
supplied with at least one ladder for each 30 metres in length or
fraction thereof. Ladder shall be extended from bottom of trench to at
least 1 meter above surface of the ground, sides of a trench which is
1.5 meters or more in depth shall be stepped back to give suitable
slope, or security held by timber bracing, so as to avoid the danger of
side collapsing. Excavated materials shall not be placed within 1.3
metres of edge of trench or half of depth of trench whichever is more.
Cutting shall be done from top to bottom under no circumstances
shall undermining or undercutting be done.

32 DEMOLITION :
Before any demolition work is commenced and also during the
process of the work.

a) All roads and open area adjacent to the work site shall be either be
closed or suitably protected.

b) No electric cable or apparatus which is liable to be a source of danger


or cable or apparatus used by operator shall remain electrically
charged.

c) All practical steps, shall be taken to prevent danger to person


employed, from risk of fire or explosion or hooding. No floor, roof or
other part or a building shall be so over loaded with debris of
materials as to render it unsafe.

Signature of Contractor No. of Corrections Executive Engineer


(110)
33 SCOPE OF RATES FOR DIFFERENT ITEMS OF WORKS :
For item rate contracts, the contract unit rates for different items of
work shall be payment in full for completing the work to the
requirements of specifications including full compensation for all the
operation detailed in the relevant sections of these specifications
under "Rates". In the absence of any direction to the contrary, the
rates are to be considered as the full inclusive rate for finished work
covering all labours, material, wastage, temporary work, plant,
equipment, overhead charges and profit as well as the general
liabilities, obligations and risks arising out of the general conditions
of contract.

The item rates quoted by the contractor shall, unless otherwise


specified, also include compliance with supply of the following.

i) General works such as setting out, clearance of site before setting


out and clearance of works after completion.

ii) A detailed programme for the construction and completion of the


works (using CPM/PERT techniques) Giving, in addition to the
construction activities detailed network activities for the submission
and approval of materials, procurement of critical materials and
equipment, fabrication of special products/ equipments and their
installation and testing and for all activities of the employer that are
likely to effect the progress of work, etc. including updating of all
such activities on the basis of the decisions taken at the periodic site
review meeting or as directed by the Engineers.

iii) Samples of various materials proposed to be used on the work for


conducting tests thereon required as per the provisions of the
contract.

iv) Design of mixes as per the relevant clauses of the specifications


giving proportions of ingredients, sources of aggregates and binder
along with accompanying trial mixes as per the relevant clauses of
these specifications to be submitted to the Engineer for his approval
before use of the works.

v) Detailed design calculations and drawing for all Temporary works


(such as formwork, staging, centering speciallsed constructional
handling and launching equipment and the like):

vi) Detailed drawings for templates, support and end anchorage, details
for prestressing, cable profiles, bar bending and cutting schedules for
reinforcement, material lists for fabrication of structural steel etc.

Signature of Contractor No. of Corrections Executive Engineer


(111)
vii) Mill test reports for all mild and high tensile steel and cast steel as
per the relevant provision of the specifications;

viii) Testing of various finished items and materials including bitumen,


cement, concrete, bearing as required under these specifications and
furnishing test reports/certificates;

ix) Inspection Reports in respect of formwork, staging reinforcement and


other items of work as the relevant specifications;

x) Any other data which may be required as per these specifications or


the conditions of contract or any other annexures/schedules forming
part of the contract.

xi) Any other item of work which is not specifically provided in the bill of
quantities but which is necessary for complying with provisions of
the contract.
and

xii) All temporary works, and false work.

Portion of road works beyond the limits and or any other work may
be got constructed by the Employer directly through other agencies.
Accordingly, other agencies employed by the employer may be
working in the vicinity of the work being executed by the contractor.
The contractor shall lease with such agencies and adjust his
construction programme for the completion of work accordingly and
no claim or compensation due to any reason whatsoever will be
entertained on this account. The employer will be indemnified by the
contractor for any claims from other agencies on this account.

xiii) All prevailing taxes levied by Government and as amended from time
to time.

34 PAYMENTS
The tenderer must understand clearly that the rate quoted are for
completed work and include all costs, due to labour, all leads and
lifts involved and if further necessitated, scaffolding, plant,
supervision, service works, power, etc. and to include all to cover the
cost of night and round the clock work as and when required and no
claim for additional payment beyond the prices or rates quoted will
be entertained

Signature of Contractor No. of Corrections Executive Engineer


(112)
The mode of measurements has been indicated in the specification. If
there is any ambiguity or doubt in this respect, the decision of
Superintending Engineer will be final.

a) FINAL BILL :
The contractor should submit final bill within one month after
completion of the work and the same will be paid within 5 months if
it is in order as the availability of funds. Disputed items and claims if
any shall be excluded from the final bill and settled separately later
on.

35 CLAIMS:
Bills for extra work or for any claim shall be paid separately apart
from the interim bill for the main work. The payment of bill for the
main work shall not be withheld for want of decision on the extras or
claims not covered in the appendices. Claims for extra work shall be
registered within 30 days of occurrences of the event. However, bills
for these claims including supporting data / details may be
submitted subsequently.

36 PRIORITIES OF WORKS TO BE EXECUTED:


Priorities for items to be executed shall be determined periodically
keeping in view the final time limit allowed for the work and all the
time schedule fixed for intermediate stages of work.

37 WAGES ACT:
The contractor shall comply with the provisions of payment of Wages
Act 1936, Minimum Wages Act 1948, Employees Liability Act 1937,
Workmens Compensation Act 1923. Industrial Dispute Act 1947.
Maternity Benefit Act 1961. Contractor Labour (R & A) Act 1970 or
modifications thereof or any other law relating thereto and rules
made there under from time to time by the Government.

38 DISPUTE AND ARBITRATION


No Arbitration is allowed.

39 ELECTRIC POWER:
Arrangement for obtaining Electric Power connection will have to be
made by the contractor at his own cost.

40 PRELIMINARY ARRANGEMENTS:
The contractor shall have to make at his own cost all preliminary
arrangements for labour, water, electricity and materials etc.
immediately after getting the work order. No claim for any extra
payment or application for extension of time on the ground of any
difficulty in connection with the above matter will be entertained.

Signature of Contractor No. of Corrections Executive Engineer


(113)
The contractor shall at his own expenses, engage watchmen for
guarding the materials and plant and machinery and the work
during day and night against any pilferage or damages and also for
prohibiting trespassers or damage to them. The contractor shall have
to make his own arrangements for water required for any purposes
on the work.

The contractor after completion of work shall have to clean the site of
all debris and remove all unused materials other than those supplied
by the Department and all plant and machinery, equipment, tools
etc. Belonging to him within one month from the date of completion
of work, or otherwise the same shall be removed by the Department
at his cost and the contractor shall not be entitled for payment of
any compensation for the same.

41 ACCIDENT:
In the event of an accident involving serious injuries or damages to
human life or death of any of his employees and or labourers or
trespassers, the same shall be reported within 24 hours of the
occurrence to the Executive Engineer and the Commissioner of
Workmen's Compensation.

42 PLANT:
All constructional plant, provided by the contractor shall when
brought on the site be deemed to be exclusively intended for the
construction of this work and the contractor shall not remove the
same or any part thereof (say for the purpose of moving it from the
part of the site to another or for repairs etc.) without the consent in
writing of the Engineer-in-charge which shall not be unreasonably
withheld.

43 PUBLIC UTILITIES :
In addition to clause 110 of M.O.S.T.(R.W) specifications for Road
and Bridge works (Second Revision) 1988 following should be added
para 110.6.

Public Utility services like H.T. Lines telephones lines, etc. which are
visible at site should be taken notice of by the contractors while
planning their works. It shall be the contractor's responsibility to
inspect such services prior to the commencement of any work.

While executing the works, the contractors should take care to see
that these services are not disturbed or damaged during the
execution.

Signature of Contractor No. of Corrections Executive Engineer


(114)
The Government will not be held liable or responsible for any delay in
completion of the job under this contract which may occur due to
any damage occurred to such services in consequence of the
contractor's operations of delayed completion of the execution for the
same.

44 DRAWING :

(A) CONTRACT DRAWINGS :-


The contract drawing provided for tendering purpose with the tender
documents shall be used as a reference only. Contractor should
visualize the nature of type of work contemplated and to ensure that
the rates and prices quoted by him in the bill of quantities take due
consideration of the complexities of work involved during actual
execution/construction as experienced contractors in the field.

The tendered rates/prices for the work shall be deemed to include


the cost of preparation supply and delivery of all necessary drawings,
prints, tracing and negatives which the contractor is required to
provide in accordance with the contract.

(B) COMPLETION DRAWINGS :


The contractor shall submit to the Engineer within two months of
actual completion "completion" drawings as specified below and
operation and maintenance instructions for the whole of the work.

These drawings shall be accurate and correct in all respect and shall
be shown to and approved by the Engineer earlier. For "completion"
drawings two prints and one polyester film of quality approved by the
Engineer or his representative shall be supplied.

45 HANDING OVER OF WORK :


All the work and materials before finally taken over by Government
will be the entire liability of the contractor for guarding, maintaining
and making good any damages of any magnitude. Interim payments
made for such work will not alter this position. The handing over by
the contractor and taking over by the Executive Engineer or his
authorised representative will be always in writing, copies of which
will go to the Executive Engineer or his authorised representative
and the contractor. It is, however, understood that before taking over
such work, Government will not put it into regular use as distinct
from casual or incidental one except as specifically mentioned
elsewhere in this contract or as mutually agreed to.

Signature of Contractor No. of Corrections Executive Engineer


(115)
46 RELATION WITH PUBLIC AUTHORITIES :
The contractor shall comply with all rules, regulations, byelaws and
directions given from time to time by any local or public authority in
connection with this work and shall himself pay fees or charges
which are leviable on him without any extra cost to the Department.

47 DOCUMENTATION :
If so ordered by the Engineer in charge, the contractor will prepare
drawings of the work as constructed and will supply original and
three copies to the Engineer who will verify and certify these
drawings. Final as constructed drawings shall then be prepared by
the contractor and supplied in triplicate to the Engineer for record
and reference purposes at the contractor's cost.

48 If the potable water is not available in the river bed the contractor
has to make his arrangement for potable water required for concrete
mixing its curing and other parts of the construction for which no
extra claim will be paid by the Department.

49 DAY TO DAY QUALITY CONTROL OPERATION


The day to day controls to be exercised by the Contractor and the
Engineer enumerated in the below paragraphs.

49.1 ALIGNMENT AND LEVEL CONTROL


a The contractor should locate the center line of the building from the
pegs, pillars or reference points fixed during the location survey and
from the information furnished in the Contract drawings. Any
discrepancy between the reference points on the ground and those
on the drawings should immediately be brought to the notice of the
Engineer for reconciliation.

b Based on the approved center line, the contractor should set up


batter pegs {to delineate the limits of embankment / cutting and
cleaning stacks (to determine limits of cleaning and grubbing)} and
have these got checked and approved by the Engineer.

c The contractor should check the reduced levels of bench marks set
up along the alignment. Any discrepancy in the reduced levels of
those at site and as indicate in the drawings should immediately be
brought to the notice of the Engineer for reconciliation. The
contractor should re-establish those bench marks which are found
missing at site, and should establish additional bench marks as
needed, for ensuring effective level control.

Signature of Contractor No. of Corrections Executive Engineer


(116)
d The contractor shall be responsible for the true and proper setting
out of the works in relation to original survey points, lines and levels
of reference given by the Engineer in writing. If at any time during
the progress of the works, any error shall appear or arise in the
position levels dimensions or alignment of any part of the work, the
contractor on being required to do so by the Engineer, shall at his
own cost rectify the error to the satisfaction of the Engineer, unless
such error is based on incorrect data supplied in writing by the
Engineer.

e The Contractor shall carefully protect and prepare all bench marks,
reference pillars and pegs used in setting out the works till final take
over by the Engineer.

49.2 NATURAL GROUND FOR EMBANKMENT CONSTRUCTION / CUT


FORMATION AND THEIR COMPACTION.

a Atterberg limits in situ dry density and CBR of the material at


ground / cut formation level, should be determined and got approved
by the Engineer. Any unsuitable material shall be removed and
replaced by better materials as ordered by the Engineer.

b The Engineer’s quality control units shall have independent test


checks on the quality and compaction of the natural ground / cut
formation.

49.3 EMBANKMENT CONSTRUCTION :


a All borrow area shall be got approved by the Engineer based on
results of tests for atterberg limits, proctor / modified proctor density
CBR and soil classification.

b Layer thickness and in situ density shall be checked and got


approved by the Engineer before proceeding to the next layer.

49.4 SUBGRADE :
a Specific borrow areas having soil satisfying the requirement of
specifications and specified strength criteria shall be identified for
use in sub grade and got approved by the Engineer.

b In case of any appreciable variation of inbuilt subgrades


characteristics from the designed ones, the pavement design shall be
reviewed to match the inbuilt characteristics of the subgrade.

c The soil used in actual construction of subgrade shall be remolded at


density referred in sub-para (d) below at placement moisture content
and checked for 4 days soaked and un-soaked C.B.R. A set of 3

Signature of Contractor No. of Corrections Executive Engineer


(117)
specimen shall be collected from each 300 cum. area of the sub-
grade. (i.e. top 0.5 m of embankment ) for C.B.R. test.

d In situ density and CBR of the constructed subgrade shall be


checked and got approved by the Engineer before proceeding on with
the next pavement layer.

49.5 SUB BASE:


a The source of supply of material shall be inspected tested and got
approved by the Engineer before any material is delivered to site of
works.

b Job mix formula filling within the specified limits where applicable
shall be got approved by the Engineer based on test results there of.
c Samples of the material from the laid sub base shall be tested for
gradation, pl.

d Field compaction shall be checked and got approved by the Engineer


before proceeding with the work on the next pavement layer.

In case of any appreciable variation of in built sub base


characteristics from the designed ones, the pavement design shall be
reviewed to match the inbuilt characteristics of the sub base.

49.6 GRANULAR BASE COURSE:


a For graded type of granular material the job mix formula falling
within the specified grading limits should be got approved by the
Engineer.

b Testing of aggregates brought to site of works for gradation and


aggregate impact value should be done.

c Testing of filler material for WBM for gradation liquid limit and
plasticity index shall be done.

d Field compaction control should be exercised for density and by


other sensory checked such as observation of movement of layer
under compaction, sinking / crushing of a piece of gayer glut placed
a moving roller complete removed of roller marks etc.

Signature of Contractor No. of Corrections Executive Engineer


(118)
49.7 SHOULDERS :
a Checking for the quality of shoulder material including gradation
shall be done.

b Field compaction shall be checked at site on the compacted layer.

c Checking for the cross fall build shall be done.

49.8 BITUMINOUS CONSTRUCTION GENERAL :


a Manufacture’s test certificate for quality of bitumen will be
accepatable to the Engineer. However, where the quality is in doubt,
the Engineer may call for tests to be conducted by contractor for
variation.

b The base on which bituminous courses are to be laid must be dry


and free of dust and other deleterious matter.

c Mineral aggregates to be used should be checked for their


specification requirement and got approved by the Engineer.

49.9 BITUMINOUS SPRAYED WORK:


a Temperature of binder in the boiler and rate of spray at site shall be
checked. Spraying shall be uniform and shall be carried out with the
help of either self propelled or towed bitumen pressure sprayer with
self heating arrangements and spraying nozzles arrangements.

b Rate of uniformity of spread of chipping should be checked and


controlled

c Adequate embedment of the chippings by rolling shall be ensured.

49.10 HOT MIXED AND HOT LAID BITUMINOUS CONSTRUCTIONS:


A) Job mix formula satisfying specification requirement should be
worked out based on laboratory test and got approved by the
engineer. Engineer will have independent test made before appearing
the job mix formula.

B) The plant should be checked for capability to produce mix confirming


to the specification. If necessary, trial stretches should be laid and
checked approximately.

C) Control should be exercised on temperature of binder in the boiler,


aggregate in the dryer and mix at the time of laying and rolling.

Signature of Contractor No. of Corrections Executive Engineer


(119)
D) The mix collected from the discharge point of the plant extraction
test for binder content and aggregate gradation should be performed
to check the quality of mix discharged from the plant.

E) Thickness and density of the compacted mix should be checked by


taking core samples.

F) Each Truck / Tipper load of bituminous load shall be weighed on a


standard weigh bridge (location to be directed by Engineer in charge.)
Weigh bridge 20 Tonne capacity or more shall be provided at plant
site by the contractor at his own cost and it should be checked for
the calibration by the Engineer in charge and weights and measures
authorises in the district.

The record of weigh of bituminous load this obtained shall be kept in


measurement book. The weighment of the bituminous load shall be
done by the contractor at his expenses in the presence of authorised
representative of Executive Engineer.The quantity of mix (weigh
basis) physically arrived at site shall be tallied with the quantity
arrived at by volumetric measurements.

The register showing dispatch of bituminous load from plant, Vehicle


No. time of dispatch, temperature at the time of dispatch etc. shall be
kept in prescribed form at hot mix plant site. Similarly the register
showing vehicle number, time of arrival of vehicle at site,
temperature of the mix at site etc. shall be kept by the Department,
in the presence of contractor or his authorised representative ( if he
or his authorised representative is present at the site at that time ).
Both the registers shall be filled daily and contractor shall sign the
register every day in token of acceptance of the contents in register.
The record maintained in the form of the register shall ensure
quantity of the material only. The maintenance of these registers
does not absolve the contractor of his contractual obligation towards
quality of the work.

G) Contractor and Engineer in-charge shall maintain the details of mix


in the prescribed proforma on Page 189.

H) Location of hot mix plant should be such that maximum time taken
for transportation bituminous mix from plant site to paver, does not
exceed 60 minutes.

Signature of Contractor No. of Corrections Executive Engineer


(120)
51.11PAVEMENT COURSES GENERAL CONTROLLS :
a The base on which the pavement layer is to be placed should be
checked for levels and regularity, and should be in a condition to
receive the pavement layer.

b Each layer should be checked for thickness, levels, crossfall (camber)


regularity and strength before next layer is permitted to be laid.

50 FIELD LABORATORY
The contractor shall arrange to provide a well furnished and fully
equipped laboratory which shall by manned by adequately qualified
technical staff. The laboratory shall preferably be located adjacent to
the plant site and shall be provided with amenities like water supply,
electric supply, toilet block etc. The laboratory equipment shall
confirm to Clause 121.3 of Page 26 of M.O.S.T. Specifications of
roads and bridges. The equipment shall be preferably of AIMIL make.
This shall be considered as incidental to work and no separate
payment whatsoever will be made for the same. The testing of
materials for work should be carried out as per frequently by the
P.W. Department 25% of the test should be performed in P.W.
Laboratory in variably failing to which recovery at prescribed of
should be effective from contractor’s bill.

51 SUPPLY OF COLOURED RECORD PHOTOGRAPHS & ALBUMS:


The contractor shall arrange to take dated post card size coloured
photographs at the rate of 10 photographs per kilometer at various
stages/ fecats of the work including interesting and novel features of
work as directed by the Engineer-in-charge and supply them in five
copies each in separate albums of appropriate size.

He shall also arrange for the video filming of important activities of


the work during the currency of the contract and edit it to a video
film of 60 to 180 minutes playing time.

It shall contain narration of the various activities in English/


Marathi by a competent narrator. The cassette shall be acceptable
quality and the film shall be capable of providing colour pictures.
This shall be considered as incidental to the work and no additional
payment whatsoever will be made for the same.

Signature of Contractor No. of Corrections Executive Engineer


(121)
52 SUPPLY OF SAFETY JACKETS TO LABOURERS/ SUPERVISORS/
ENGINEERS

As a safety measure during the execution of work all labours,


construction and supervisory staff shall be provided with an orange
colour jacket in fluorescent hue so as to make them starkly visible
from a distance even during evening hours.

53 APPROVAL OF CONSTRUCTION MATERIALS AND


CONSTRUCTION ACTIVITIES.

Approval of all materials for the work shall be obtained in writing


from Engineer-in-charge or his representative before its use in the
project.

Before taking up of any construction activity the construction work


done earlier shall be got approved in writing. Any failure on this
account may result in the work for which the contractor will be solely
responsible.

Materials and job mix etc. shall be got approved in writing at least 15
days in advance of the commencement of corresponding activity. The
testing charges shall be borne by the contractor.

Besides the prescribed tests and frequencies any other test or tests
over the prescribed frequency shall also be carried out by the
contractor at his own cost if so directed by Engineer-in-charge or his
authorised representative.

54 MAINTENANCE
The maintenance of the existing Black Topping surface shall be the
responsibility of the contractor. After receipt of work order, the
contractor shall attend site and fill-up potholes if formed on the
existing Black Topped surface in entire length under its contract. If
the contractor fails to fill the potholes, the same shall be got filled by
the Department on the contractor’s risk and cost and recovery
towards the expenditure incurred by department on the potholes will
be recovered through the R.A. bill of this work. The contractor shall
quote the rates after considering this maintenance aspect.

The contractor shall maintain the finished road surface for a period
of Three years from the date of issuance of completion certificate at
his cost. The contractor shall fill the pot holes if any/rebuild the
sunken & deteriorated portion if any during defect liability period. An
amount of 5 % (Five percent) of total work done shall be deducted &

Signature of Contractor No. of Corrections Executive Engineer


(122)
withheld till expiry of defect liability period of 36 months as
performance security. This amount shall be deducted through cash
running bill at 5% of amount of each running bill. This amount on
request of contractor shall be replaced by Bank Guarantee of
Nationalised Bank/Scheduled Bank. This performance security is in
addition to security Deposit deducted as per provisions in Clause-I &
para 4.5 of Notice to contractors.

On completion of the work in all respects necessary certificate will be


issued by the concerned Executive Engineer and the defects liability
period will be counted from the date of issue of certificate.

During the defect liability period contractor is supposed to detect the


defect or damages in the completed work. These defects and damages
should be rectified within period specified in the notice of defect. If
contractor fails to defects or carry out the repairs to such defects
Engineer-in-charge will inform in writing about these defects and
rectifications will be carried out at contractors risk and cost.
All damages during execution shall be made good by the contractor
at his cost. He will be responsible for any damages to the road
surface including B.T. surface in rainy seasons and during
construction and guaranteed maintenance period no separate
payment will be made restoring damages.

Defective work is liable to rejected at any stage. The contractor on no


account can refuse to rectify the defects merely an reasons that
further work has been carried out. No extra payment shall be made
for such rectification.

In case of damages type failure will be investigated by Engineer-in-


charge and repairs to the defective portion will be suggested
accordingly. If contractor fails to rectify such damages within the
period specified in the instructions of the Engineer-in-charge then
heavy penalty will be imposed and damaged work will be rectified at
contractors risk and cost.

Signature of Contractor No. of Corrections Executive Engineer


(123)
LIST OF APPARATUS REQUIRED FOR ROAD WORK INCLUDING HOT MIX WORK

SR. Apparatus Nos. (Min


No. Req)
1 Straight edge 3 m long ISMC 50 x 100 1
2 M.S. Camber plate, 2.75 m, 3.5 m long 1 No. each
3 Electronic weigh balance capacity upto 2000 gm 1
4 G.I. Trays of various sizes 12
5 Digital Thermometer capacity upto 210oC with 1
least count 10o
6 Chemicals (Benzene / Trichloroethelyne) 250 Ltrs
7 Filter Papers 500
/Season
8 Weight Box with 5 Kg to 1 Gm Weight 1
9 Fractional Weight Box and Pan Balance 1
10 G.I./ Brass sieves of various sizes for gradation 1 No. each
11 Pick axes 2
12 Cooking gas/ Kerosene Burner with Cylinder 1
13 Impact Test Apparatus (for coarse aggregates) 1
14 Flakiness and Elongation test guages 1
15 Penitrometers with standard needle for asphalt 1
test

55 ADDITIONAL SPECIAL CONDITIONS FOR HOT MIX HOT LAID


BITUMENIOUS WORKS:

i CLAUSE NO.106 OF MINISTRY OF SURFACE TRANSPORT


SPECIFICATION (SECOND REVISION)

This clause stipulates certain condition relating to choice and use of


equipments which have relating to use of equipment which have
relevance to production of quality work.

a The contractor shall be required to give a trial of the equipment


for establishing their capability to achieve the laid down
specifications and tolerances to the satisfaction of the Engineer
before commencement of work.

b All equipments provided shall be of proven efficiency and shall


be operated and maintained at all times in a manner
acceptable to the Engineer.

c No equipment and personnel will be removed from the work


site without the permission of the Engineer.

Signature of Contractor No. of Corrections Executive Engineer


(124)
ii CLAUSE NO. 901 OF MINISTRY OF SURFACE TRANSPORT
SPECIFICATION (SECOND RIVISION)

a The responsibility for the quality of the entire construction


work is on the contractor. For this purpose he is required to
have his own independent and adequate set up.

b The Engineer for satisfying himself about the quality of the


materials and work will also have tests conducted by quality
control units or by any other agency generally to the frequency
set out in the specifications. For tests to be the Engineer the
contractor is to vender all necessary cooperation and
dispatching samples etc.

c For the work of embankment sub grade and pavement


construction to subsequent layer of the same or other material
over the finished layer shall be done only after obtaining
approved from the Engineer.

d Contractor shall be responsible for rectifying / replacing any


work fall in short of quality requirements as directed by
Engineer.

iii CLAUSE IN THE CONDTION OF CONTRACT :


a All materials and workmanship shall be of the respective type
described in the contract and in accordance with the
Engineer’s instructions and shall be subjected from time to
time such tests as the Engineer many direct at the place of
manufacture or fabrications, or on the site. All samples shall
be supplied by the Contractor.

b No work is to be covered up or put out of view without the


approval of the Engineer for his examination and
measurements.

c During the progress of the works, the Engineer shall have the
power to order, the removal from the site any unsuitable
material, substitution of proper and suitable material and the
removal and proper re-erection not with standing any pervious
test or interim payment there for and of any work which in
respect of materials or workmanship is not, in the opinion of
the Engineer in accordance with the contract.

Signature of Contractor No. of Corrections Executive Engineer


(125)
56 CONTRACTOR’S FACILITY :
According to the contract, the contractor is responsible for the
quality of the entire construction work. To meet this
requirement

a The contractor shall set up his own laboratory at location(s)


approved by the Engineer. The laboratory shall be equipped
with modern and efficient equipment with sufficient standbys,
suitable to carry out the tests prescribed for different materials
and work according to the specifications. The lost of equipment
to be procured and the facilities to be provided shall be got
approved by the Engineer. The equipment shall be mentioned
in a workable condition to the satisfaction of the Engineer.

b Sampling and testing procedures shall be in accordance with


the relevant standards of BIS (Previously called ISI) or IRC.
Frequency of testing shall be laid down in the Ministry’s
Specifications for Roads and Bridges work (2nd Revision). In the
absence of relevant Indian Standards, sampling and testing
procedures shall be approved by the Engineer.

c The laboratory should be manned by a qualified materials


Engineer assisted by Material Inspector / Technicians, and the
set up should be got approved by the Engineer.

d The contractor should prepare printed proforma for recording


readings and results of each type of test after getting the
formats of the performance approved from the Engineer. He
should keep a daily record of all the test conducted by him.
Two copies of the test results should be submitted to the
Engineer for his examination and approval, of which one copy
will be returned to the contractor for being kept at site of work

e The materials Engineer of the Contractor should keep close


liaison with the Quality control unit of the Engineer and keep
the latter informed of the sampling and testing programme so
that the Engineer’s representative could be present during this
activity, if considered necessary.

57 TECHNICAL REQUIREMENTS OF DRUM MIX PLANTS:


GENERAL
The drum mix plant should be reputed make and proven design,
sturdy in structure and capable of producing desired quality of
mix as per specifications for laying bituminous road surface
and should have following essential arrangements.

Signature of Contractor No. of Corrections Executive Engineer


(126)
1. COLD AGGREGATE FEEDER:
The cold aggregate feeder arrangements should have minimum 3
bins of sufficient capacity capable of storing different sizes of
aggregates and fine to ensure continues uninterrupted supply of
aggregate matching the capacity of the plant. Each bin should have
independent belt feeder system, driver by a variable speed meter and
a central gate to ensure accurate aggregate feed to meet design mix
formula. It is pre requisite that only properly screened and graded
materials are fed to the bins.

There should be a gathering conveyor to receive and transport


material dispatched from bins with separate driver arrangement.

There should be a screen or a suitable arrangement like battle plate


as the discharge and of gathering conveyor for rejection of any over
size metal above the permissible limit. The conveyer should be fitted
with suitable electronic weight bridge device for weighing quantity of
cold aggregate being fed to dryer drum.

The plant should have a material filler arrangement with suitable


control device to accurately proportion the flow of filler material in to
dryer drum at appropriate stage.

2. DRYER DRUM:
It should be thermo drum type with smooth rotation arrangements to
give rates out put and capable of reducing the moisture content of
the aggregate to desirable limit of 2% to 6% and achieving hot mix
temperature (upto 160o as per requirement) with such design that no
blue smoke is omitted from the exhaust. the drum may have optional
arrangement for feeding reclaimed material. There should
arrangement to restrict burner flame upto certain length in the drum
before bituminous injected.

It should be fitted with positive displacement bitumen pump driven


by variable speed motor automatically controlled from control cabin
capable of feeding desire quantity of bitumen synchronised with
aggregate feed system. Thermo fluid system be an in built feature to
keep bitumen pump and pipes sufficiently not to avoid clogging of
pipes.]

3. BURNER
The burner used should be capable of burning the fuel efficiently and
develop the required temperature. It should be fitted with remote
control system to defect flame failure and also electric spark ignition
system or some other suitable arrangements. Burner operation

Signature of Contractor No. of Corrections Executive Engineer


(127)
should have thermostatic control of flame within the specified
temperature range.

4. BITUMEN HEATER:
It should consist of an insulated tank of adequate capacity fitted with
effective and positive control of temperature of allowing continues
circulation of bitumen between bitumen heater and proportioning
units. Suitable arrangement should be provided for recording the
temperature at the tank and in circulation system

5 FUEL SYSTEM:
Fuel tank should be of sufficient capacity and fitted with suitable
type of fuel pump to receive the fuel from storage tank and supply to
line heater and burner.

6 CYCLONE SYSTEM:
Cyclone unit is required to control dust discharge within the
admissible standard of pollution level.

7 OPERATING CONTROL UNIT:


The drum mix plant must have centralised control system with
operation from a control cable located adjacent to the drum mix
plant. The control system should be capable of following.

1. Automatic control of speed of each bin feeder conveyor and


gate, so as to control and regulate the flow of various grades of
material to ensure constant and accurate proportion of
aggregates.
2. Per set and control the percentage of flow of aggregate and
asphalt required as per design mix.

3. Automatic detection of plant operation failure, display of


aggregate temperature, asphalt and mix temperature,
aggregate flow etc. fully/ automatic aggregate blending,
bitumen/ aggregate ratio control and burner control system.

4. Control for pre setting the moisture content of aggregate


displayed digitally.

5. Control for pre setting the should be such of desired it would


be operated manually also.

8. SURGE SILO:
The plant may be have optional arrangement to store hot mix
material for at least equivalent to 30% of rated capacity to cater for
any delay in leading the tippers temporary storage silo should have

Signature of Contractor No. of Corrections Executive Engineer


(128)
adequate automatic hydraulic unloading arrangement operated
either from the control cabin or manually with necessary safety
control.

The hot mix plant shall be as approved by the Engineer in charge


before use for work tendered.

9. TECHNICAL REQUIREMENT FOR PAVER FINISHER TO BE USED


ON BITUMINOUS WORKS:

A. WORK COSTING MORE THAN Rs. 1.00 CRORE


The paver finisher shall have following essential features.

a. Loading hoppers and suitable distributing mechanism.


b. All drives having hydro static drive/ control
c. The machine shall have a hydraulically screed for appropriate
width requirements.

d. The screed shall have the internal fitting arrangements.

58 UTILISATION OF DISMANTALLED MATERIAL OF EXISTING


STRUCTURE
All the reusable dismantled material shall be used after selecting the
right materials to be used again and as per the instruction of
Engineer in charge. The recovery of such material @ Rs. 45.00 per
cubic meter for rubble and for scrap steel rate Rs. 17.00 per kilo
gram for steel will be made from the contractor for reutilising the
dismantled material in new construction work.

59. Contractor shall take out necessary insurance Policy / Policies (viz.
Contractors all Risks Insurance Policy, Erection All Risks insurance
policy etc. as decided by the Directorate of Insurance) so as to
provide adequate insurance cover for execution of the awarded
contract work for total contract value and complete contract period
compulsorily from the “Directorate of Insurance, Maharashtra State
Mumbai” only. Its postal address for correspondence is “264,
MHADA, First Floor, opp. Kalanagar, Bandra (E) Mumbai – 400 051”
(Telephone Nos. 26590403 / 26590690 and Fax Nos. 26592461 /
26590403) similarly all workmen’s appointed to complete the
contract work are required to insure under workmen’s compensation
Insurance Policy, Insurance Policy / Policies taken out from any
other company will not be accepted. If any contractor has effected
insurance with any Insurance Company, the same will not be
accepted and the amount of premium calculated by the Government
Insurance Found will be recovered directly from the amount payable

Signature of Contractor No. of Corrections Executive Engineer


(129)
to the contractor for the executed contract work and paid to the
Directorate of Insurance Found, Maharashtra State, Mumbai. The
Director of Insurance reserves the right to distribute the risks of
insurance among the other insurers.

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60. The payment for the works done will be made as and when the funds
are available under this head and no claims whatsoever from the
agency on account of delay in payment will be entertained by the
department.

61. Building and other Construction Workers Welfare Cess:


Building and other Construction Workers Welfare Cess @ 1% or at
the rates amended from time to time as intimated by the competent
authority of Buildings and other Construction Works Welfare Act
1996 shall be deducted from bill amount, whether measured bills,
advance payment or secured advance.

62. Additional Condition about availability of funds


The budget provision for this work is less at present. The payment of
bills will be made as per availability of funds. No claims will be
entertained for delayed payments.

If situation arises, the work will be stopped at safe stage and will be
withdrawn under clause-15 for which no compensation will be
allowed.

Signature of Contractor No. of Corrections Executive Engineer


(130)
PROFORMA
MIX TRANSPORTATION DETAILS

NAME OF WORK: NAME OF DIVISION:


NAME OF SUB DIVISION: NAME OF AGENCY:
NAME OF ENGINEER IN CHARGE:

Sr. Dat Regist Weight of Mix Time Time Time Temperatur Re


No e ered to to take e ma
No. of Wt. of Wt. of Wt. leave reac n in krs
Tippe loade empt of the h the min
d y Mix Mix Mix
r plan Pave utes @ @
Tipper Tippe (4-5) t r
r Plan Pave
t r

1 2 3 4 5 6 7 8 9 10 11 12

Signature of Engineer in charge Signature of Agency

Note This information is to be kept upto date as per Tender condition No.
49-10-G.

Signature of Contractor No. of Corrections Executive Engineer


(131)
ABSTRACT FOR THE MONTH ENDING
FOR THE MONTH OF .................... 201
Sr Name Approximate Quantity of Total quantity of
No of the quantity of Asphalt (in M.T.) Bitumen which
item work done which is required should have been
to be used used in M.T.
Quanti Unit Quantity Per quantity of M.T.
ty MT which was
actually used

Signature of Engineer in charge Signature of Agency

Signature of Contractor No. of Corrections Executive Engineer


(132)
PRICE VARIATION CLAUSE
If during the operative period of the contract as defined in condition
(i) below, there shall be any variation, in the Consumer Price Index
(New series) for industrial workers for Nanded Centre as per the
Labour Gazette published by the Commissioner of Labour,
Government of Maharashtra and/or in the whole sale price index for
all commodities prepared by the Office of Economic Advisor, Ministry
of Industry Govt. of India, or in the price of Petrol/ Oil and
Lubricants and major construction materials like Bitumen, Cement,
Steel, various types of metal pipes etc., then subject to the other
conditions mentioned below, price adjustment on account of
(1) Labour component
(2) Material Component
(3) Petrol, Oil and Lubricants Component
(4) Bitumen Component
(5) HYSD & Mild Steel Component
(6) Cement Component
(7) C.I. and D.I. Pipes Component

Calculated as per the formula hereinafter appearing, shall be made.


Apart from these, no other adjustments shall be made to the contract
price for any reasons whatsoever. Component percentage as given
below are as of the total cost of work put to tender. Total of Labour,
Material & POL components shall be 100 and other components
shall be as per actuals.

1. Labour Component –K1 (28%)


2. Material Component –K2 (54%)
3. POL Component –K3 (18%)
4. Bitumen Component Actual
5. HYSD and Mild Steel Component Actual
6. Cement Component Actual
7. C.I. and D.I. Pipe Component Actual

Note :- If Cement, Steel, Bitumen, C.I. and D.I. Pipes are supplied on
Schedule ‘A’, then respective component shall not be considered. Also if
particular components is not relevant same shall be deleted.

Signature of Contractor No. of Corrections Executive Engineer


(133)
(1) Formula for Labour component

K1 L 1 - L0
V1 = 0.85 P x
100 L0

Where : -

V1 = Amount of price variation in rupees to be allowed for labour


component

P= Cost of work done during the quarter under consideration minus the
cost of cement, HYSD and Mild steel, Bitumen and CI & DI pipes
calculated as the Basic star rates as applicable for the tender
consumed during the quarter under consideration.

K1 = Percentage of labour component as indicated above.

L0 = Basic consumer price index for Nanded centre shall be average


consumed price index for the quarter preceding the month in which
the last date prescribed for receipt of tender, falls.

L1 = Average consumer price index for Nanded centre for the quarter
under consideration.

(2) Formula for Material component

K2 M1 - M0
V2 = 0.85 P x
100 M0
Where : -

V2 = Amount of price variation in rupees to be allowed for Material


component

P= Same as worked out for Labour component.

K2 = Percentage of Material component as indicated above.

M0 = Basic wholesale price index shall be average wholesale price index for
the quarter preceding the month in which the last date prescribed for
receipt of tender, falls.

M1 = Average Wholesale price index during the quarter under


consideration.

Signature of Contractor No. of Corrections Executive Engineer


(134)
(3) Formula for Petrol, Oil & Lubricant component

0.85 P K3 P1 – P0
V3 = x
100 P0

Where : -

V3 = Amount of price variation in rupees to be allowed for POL component

P= Same as worked out for Labour component.

K3 = Percentage of Petrol, Oil & Lubricant component.

P0 = Average price of HSD at Mumbai during the quarter preceding the


month in which the last date prescribed for receipt of tender, falls.

P1 = Average price of HSD at Mumbai during the quarter under


consideration.
(4) Formula for Bitumen component / CRMB - 55

V4 = QB ( B1- B0)

Where : -

V4 = Amount of price variation in rupees to be allowed for Bitumen


component

QB = Quantity of bitumen (Grade 60/70) / CRMB - 55 in metric tonne


used in the permanent works and approved enabling works during
the quarter under consideration.

B1 = Current, ex-refinery price per metric tonne of Bitumen (Grade 60/70)


/ CRMB – 55 under consideration including taxes ( octroi, excise,
VAT tax) during the quarter under consideration.

B0 = Basic rate of Bitumen in rupees per metric tonne as considered for


working out for value of P or average ex-refinery price in rupees per
metric tonne including taxes ( octroi, excise, VAT tax) of bitumen for
the grade of bitumen under consideration prevailing quarter
preceding the month in which the last date prescribed for receipt of
tender falls, whichever is higher.

Signature of Contractor No. of Corrections Executive Engineer


(135)
(5) Formula for HYSD, TMT and mild steel component

= S0 (SI1-SI0)
V5 x T
SI0

Where : -

V5 = Amount of price variation in rupees to be allowed for HYSD, TMT and


Mild steel component

S0 = Basic rate of HYSD / TMT / Mild steel in rupees per metric tonne as
considered for working out the value of P.

SI1 = Average steel Index as per RBI bulletin during the quarter under
consideration.

SI0 = Average steel Index as per RBI bulletin for the quarter preceding the
month in which the last date prescribed for receipt of tender, falls.

T= Tonnage of steel used in the permanent works for the quarter under
consideration.

(6) Formula for cement component

= C0 (CI1-CI0)
V6 x T
CI0

Where : -

V6 = Amount of price escalation in rupees to be allowed for cement


component

C0 = Basic rate of cement in rupees per metric tonne as considered for


working out the value of P.

CI1 = Average cement Index published in per RBI bulletin for the quarter
under consideration.

CI0 = Average cement Index published in the RBI bulletin for the quarter
preceding the month in which the last date prescribed for receipt of
tender, falls.

Signature of Contractor No. of Corrections Executive Engineer


(136)
T= Tonnage of Cement used in the permanent works for the quarter
under consideration.

The following conditions shall prevail:


i) The operative period of the contract shall mean the period
commencing from the date of work order issued to the Contractor
and ending on the date on which the time allowed for completion of
works specified in the Contract for work expires, taking into
consideration the extension of time, if any, for completion of the work
granted by Engineer under the relevant clause of the Conditions of
Contract in cases other than those where such extension is
necessitated on account of default of the Contractor. The decision of
the Engineer as regards the operative period of the Contract shall be
final and binding on the Contractor. Where any compensation for
liquidated damages is levied on the Contractor on account of delay in
completion or inadequate progress under the relevant contract
provisions, the price adjustment amount for the balance of work
from the date of levy of such compensation shall be worked out by
pegging the indices L1, M1, C1, B1, SI1, and CI1to teh levels
corresponding to the date from which such compensation is levied.

ii) This Price variation shall be applicable to all contracts in B1/ B2 and
C Form but shall not apply to piece works. The Price Variation shall
be determined during each quarter as per formula given above in this
clause.

iii) The price variation under this clause shall not be payable for the
extra items required to be executed during the completion of the
work and also on the excess quantities payable under the provisions
of clause 38/37 of the contract form B-1/ B-2 respectively. Since the
rates payable for the extra items or the extra quantities under clause
38/37 are to be fixed as per the current D.S.R. or as mutually agreed
to yearly revision till completion of such work. In other words, when
the completion/execution of extra items as well as extra quantities
under Clause 38/37 of the contract form B-1/ B-2 extends beyond
the operative date the D.S.R. then rates payable for the same beyond
that date shall be revised with reference to the current D.S.R.
prevalent at that time on year to year basis of revised in accordance
with mutual agreement thereon, as provided for in the contract,
whichever is less.

iv) This clause is operative both ways, i.e. if the price variation as
calculated above is on the plus side, payment on account of the price
variation shall be allowed to the contractor and if it is on the negative
side, the Government shall be entitled to recover the same from the

Signature of Contractor No. of Corrections Executive Engineer


(137)
contractor and the amount shall be deductible from any amounts
due and payable under the contract.

v) To the extent that full compensation for any rise or fall in costs to the
Contractor is not entirely covered by the provision of this or other
clauses in the contract, the unit rate and prices included in the
contract shall be deemed to include amounts to cover the
contingency of such other actual rise or fall in costs.

STAR RATE

* Bulk Asphalt VG-30 Grade = Rs. 54035.13 Per Metric Tonne


Rs. Fifty Four Thousand Thirty
Five and Paise Thirteen Only
Per Metric Tonne

Certificate

The above Star rates mentioned in this D.T.P. are calculated /


workout as per instructions given in Govt. Resolution No.
CAT/06/04/148/Bldg-2, dated. 16-05-2005 hence certified.

Executive Engineer, Superintending Engineer,


Public Works Division, Ambajogai Public Works Circle, Osmanabad

Signature of Contractor No. of Corrections Executive Engineer


(138)
QUALITY ASSURANCE CLAUSE
Annuxure to the Public Works Department Circular No. CAT-1091/CR-60/Bldg.2 Dated 14th
October 1991 regarding incorporating additional conditions for Quality assurance and maintenance
manual
__________________________________________________________________________

1. To ensure the specified quality of work which will also include


necessary survey, temporary works etc. the contractor shall prepare
a quality assurance plan and get the same approved from the
Engineer in charge within one month from the date of work order.
For this, the contractor shall submit an organisation chart in his
technical personnel to be deployed on the work alongwith their
qualifications, job descriptions defining the functions of reporting,
supervising, inspecting and approving. The contractor shall also
submit a list of tools, equipments and machinery and
instrumentation which he propose to use for the construction and for
testing in the field and/ or in the laboratory and monitoring. The
contractor shall modify/ supplement the organisation chart and the
list of machinery, equipments etc. as per the directions of
Superintending Engineer and shall deploy the personnel and
equipment on the field as per the approved chart and the list
respectively. The contractor shall submit written method statements
detailing his exact proposals of execution of the work in accordance
with the specifications. He will have to get these approved from the
Engineer in charge. The quality of the work shall be properly
documented through certificates, records, checklists and log books of
results etc. Such records shall be compiled from beginning of the
work and be continuously updated and supplemented and this will
be the responsibility of the contractor. The forms should be got
approved from the Executive Engineer in charge.

2. Where the work is to be done on lumpsum basis on contractor's


design the contractor shall also prepare and submit a maintenance
manual giving procedure for maintenance with the periodicity of
maintenance work including inspections, tools and equipment to be
used, means of accessibility for all parts of structure. He shall also
include in the manual, the specifications for the maintenance work
that would be appropriate for the design and technique of
construction. This manual shall be submitted within the contract
period.

Signature of Contractor No. of Corrections Executive Engineer


(139)
Name of Work: B.T. Renewal to Parali Dharmapuri Road SH-233 Km.
15/500 to 18/200 (Actual Km. 15/500 to 17/500)
Tq. Parali Dist. Beed

SCHEDULE - A
Schedule showing (Approximately) the materials to be supplied from the
Public Works Department stores for work contracted to be executed and
preliminary and ancillary works and the rates at which they are to be
charged for.

Sr. Particular Quantity Rates Unit Rates in Place of


No. s in Words Delivery /
Figure Amount
s
1 2 3 4 5 6 7

*NIL*

Note : 1. All materials such as Cement, Steel etcetera shall be


procured by contractor at his own cost.

Signature of Contractor No. of Corrections Executive Engineer


(140)
ADDITIONAL CONDITIONS FOR MATERIALS
(CEMENT, ASPHALT, STEEL ETC.) BROUGHT BY CONTRACTOR
1. All materials such as cement, Mild Steel, HYSD bars Bulk Asphalt, etc.
required for execution of work shall be brought by Contractor at his own
cost.

2. The Contractor shall maintain the record of these materials (Cement, Bulk
Asphalt etc.) in the prescribed proforma and registers as directed by
Engineer-in-charge. The sample of prescribed proforma is attached at the
end (Page No.143 to 144). These registers shall be signed by both
contractors and representative of Engineer-in-charge. These registers shall
be made available for inspection, verification for the Deptt. as and when
required. These registers shall be in the custody of department and shall
be maintained by the department.

3. The material required only for this work shall be kept in the godown at
site. No material shall be shifted out side except for the work for which this
agreement is entered, without prior approval of the Engineer-in-charge.

4. The material i.e. cement, steel etc. brought on the work site shall be
accompanied with the necessary Company/ Manufacturing firm's test
certificates. In addition these material shall be tested as per frequency
prescribed by the Department and the cost of such testing shall be borne
by the Contractor. If the test results are satisfactory, then and then only
the material shall be allowed to be used on the work. If the test results are
not as per standards these materials shall be immediately removed from
the work site at Contractor's cost. In case of cement, if so requested by the
Contractor in writing material will be allowed to be used before receipt of
test results but this will be entirely at the risk and cost of the Contractor.

5. The Contractor shall produce sufficient documentary evidence alonthwith


bill i.e. bill for the purchase, octroi receipts, gatepass etc. for the purchase
of material brought on the work site at once, failing which the Executive
Engineer will not make payment to Contractor.

6. All these material i.e. cement. steel etc. shall be protected from any
damage, rains etc. by the contractors at his own cost.

7. The Contractor will have to errect temporary shed of approved


specifications for storing of above materials at work site having double lock
arrangements (By double lock it is meant that godown shall always be
locked by two locks, one lock being owned & operated by Contractor and
other by Engineer-in-charge or his authorised representative and the door
shall be openable only after both locks are opened.

8. If required, the weighment of cement bags/ steel etc. brought by the


Contractor shall be carried out by the Contractor at his own cost.

9. The Contractor shall not use cement and other material for the item to be
executed outside the scope of this contract except for such ancillary small
item as are connected and absolutely necessary for execution of this work
as may be decided by the Engineer-in-charge.

Signature of Contractor No. of Corrections Executive Engineer


(141)
10. The Govt. shall not be responsible for the loss in cement, steel, bulk
asphalt etc. during transit to work site. The cement brought by the
contractor at the work site store shall mean 50 kg., equivalant to 0.0347
cubic metre per bag by weight. The rate quoted should correspond to this
method of reckoning. In case of ordinary/ controlled concrete, if cement is
found short, the shortage/ shortages will be made good by the contractor
at his cost.

11. Indemnity:
The condition regarding indemnity as defined on page 79 at Sr. No.4 will
apply mutatis-mutandis in case of material brought by Contractor at the
site for the execution of the work being executed under this contract.

12. In case the materials brought by the contractor become surplus owing to
the change in the design of the work, the materials should be taken back
by the contractor at his own cost after prior permission of Engineer
incharge.

13. All empty bags or empty asphalt drums shall be the property of contractor
and the same shall be removed immediately after completion of work.

14. RCC Hume Pipes of ISI Mark required for the construction of C.D. Work
(whichever in this work) should be purchased by the contractor from
MSSIDC Only.

15. The asphalt 60/70 grade should be procured from reputed Government
refinery (main producers) only like BPCL, HPCL, IOC.

16. `äöEäònùÉ®ú (Contractor) ¨ÉÖJªÉ =i{ÉÉnùEò b÷ÉƤɮ Ê®ú¡òɪÉxÉ®úÒiÉÖxÉ |ÉÉ{iÉ Eò®úhÉÉ®ú +ɽäþ (nÖùªªÉ¨É
=i{ÉÉnùEòÉEòbÖ÷xÉ +lÉ´ÉÉ +xªÉ EÆòjÉÉ]õnùÉ®úÉEòbÖ÷xÉ b÷ÉƤɮú PÉähªÉÉSÉÒ {É®ú´ÉÉxÉMÉÒ xÉɽþÒ) +¶ÉÉ bÆ÷Æɤɮú |ÉÉ{iÉÒSÉä
´Éä³ýÉ{ÉjÉEò (Schedule of arrival of bouzers) IÉäÊjÉªÉ +ÊvÉEòÉ−ªÉÉÆxÉÉ näùhÉä `äöEäònùÉ®úɺÉ
¤ÉÆvÉxÉEòÉ®úEò ®úɽþÒ±É. b÷ÉƤɮúÉSÉä |ɨÉÉhÉ (Procurement) ºÉ®úEòÉ®úÒ iÉä±É EÆò{ÉxªÉÉSªÉÉ Ê®ú¡òɪÉxÉ®úÒ
¨ÉvÉÖxÉSÉ Eò®úhªÉÉiÉ ªÉÉ´Éä. iɺÉäSÉ {±ÉÉÄ]õ´É®ú |ÉÉ{iÉ ZÉɱÉ䱪ÉÉ b÷ÉƤɮúÉSÉÒ |ÉiÉ (Grade) iÉ{ÉɺÉhªÉɺÉÉ`öÒ
+ɴɶªÉEò ={ÉEò®úhÉä, ºÉÉʽþiªÉ <ÇiªÉÉnùÓxÉÒ ªÉÖCiÉ |ɪÉÉäMɶÉɳýÉ ={ɱɤvÉ Eò¯ûxÉ näùhÉä `äöEäònùÉ®úÉºÉ ¤ÉÆvÉxÉEòÉ®úEò
®úɽþÒ±É VÉÉ {ɪÉÈiÉ EÆòjÉÉ]õnùÉ®ú ¨ÉÖ³ý MÉä]õ{ÉÉºÉ ={ɱɤvÉ Eò®úiÉ xÉɽþÒiÉ iÉÉä {ɪÉÈiÉ b÷ÉƤɮúÒEò®úhÉÉSªÉÉ ¤ÉɤÉÓSÉÒ
+nùɪÉMÉÒ Eò¯û xɪÉä. ¨ÉÖ³ý MÉä]õ{ÉÉºÉ ´É®ú EòɪÉÇEòÉ®úÒ +ʦɪÉÆiÉÉ ªÉÉÆSÉÒ º´ÉÉIÉ®úÒ PÉä>ðxÉ iÉä +ʦɱÉäJªÉÉiÉ
VÉÉäb÷hÉä +ÊxÉ´ÉɪÉÇ ®úɽþÒ±É. iÉnÂùxÉÆiÉ®úSÉ b÷ÉƤɮúÒEò®úhÉÉSªÉÉ ¤ÉɤÉÓSÉä näùªÉEò +nùÉ Eò®úhªÉÉiÉ ªÉä<DZÉ.

Signature of Contractor No. of Corrections Executive Engineer


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{ÉÖÆVÉÒiÉ b÷ÉƤɮúÉSÉÒ +É´ÉEò +ÉÊhÉ JÉ{É ªÉÉÆSÉÉ Ê½þ¶ÉÉä¤É nù¶ÉÇÊ´ÉhÉÉ®úÒ xÉÉånù´É½þÒ GÆò. 1
EòɨÉÉSÉä xÉÉÆ´É :-

¨ÉÉMÉÒ±É ¨ÉʽþxªÉÉ{ÉɺÉÚxÉ EòɨÉÉSªÉÉ Ê`öEòÉhÉÒ +ºÉ±Éä±ÉÒ Ê¶É±±ÉEò


+É´ÉEò +ÉÊhÉ JÉ{É Ê½þ¶ÉÉä¤É

ÊnùxÉÉÆEò ¤ÉÉäVÉ®ú Ê®ú¡òÉ<ÇxÉ®úÒSÉä MÉä]õ {ÉÉºÉ |ÉÉ{iÉ b÷ÉƤɮúÉSÉä ´ÉÉ{É®ú±É䱪ÉÉ Ênù´ÉºÉÉSªÉÉ


xÉƤɮú xÉÉÆ´É Gò¨ÉÉÆEò ÊxÉ´´É³ý ´ÉVÉxÉ b÷ÉƤɮúÉSÉä +JÉä®úÒºÉ
ÊxÉ´´É³ý ´ÉVÉxÉ Ê¶É±±ÉEò b÷ÉƤɮúÉSÉä
´ÉVÉxÉ
1. 2. 3. 4. 5. 6. 7.

EÆòjÉÉ]õnùÉ®úÉSÉÒ ºÉ½þÒ +ʦɪÉÆÆiªÉÉSÉÒ ºÉ½þÒ


.....................................................................................................................
xÉÉäÆnù´É½þÒ GÆò. 2
ÊxÉ®úÊxÉ®úɲªÉÉ ¤ÉɤÉÓ´É®ú +É`ö´Éb÷¬É¨ÉvªÉä ={ɪÉÉäMÉÉiÉ +ÉhÉhÉä +ɴɶªÉEò +ºÉ±Éä±Éä
{ÉÊ®ú¨ÉÉhÉ ªÉÉÆSÉÒ iÉÖ±ÉxÉÉ nùÉJÉÊ´ÉhÉÉ®äú EòÉä¹]õEò.
1. ºÉ®ú¡äòºÉ bÅä÷˺ÉMÉ 6. +캡òɱ]õÒEò EòÉÄGòÒ]õ 6.25%
2. ¤ÉÒ. ¤ÉÒ. B¨É. 7. BºÉ. b÷Ò. ¤ÉÒ. ºÉÒ. 5.25%
3. ]ìõEò EòÉä]õ 8. +Éä{ÉxÉ OÉäbä÷b÷ EòÉ®ú{Éä]õ
4. ¤ÉÒ. B¨É. 9. ʱÉC´ÉÒb÷ ʺɱÉEòÉä]õ
5. b÷Ò. ¤ÉÒ. B¨É. 4.50%

Signature of Contractor No. of Corrections Executive Engineer


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.......................... ®úÉäVÉÒ ºÉÆ{ÉhÉÉ−ªÉÉ +É`ö´É÷b÷¬ÉºÉÉ`öÒ MÉÉä¹É´ÉÉ®úÉ
+. ¤ÉɤÉÓSÉä Eäò±É䱪ÉÉ EòɨÉÉSÉä +ÆnùÉVÉä ´ÉÉ{É®úhÉä ´ÉÉ{É®úɴɪÉÉºÉ ½þ´Éä |ÉiªÉIÉ
GÆò. xÉÉÆ´É {ÉÊ®ú¨ÉÉhÉ +ɴɶªÉEò +ºÉ±É䱪ÉÉ b÷ÉƤɮúÉSÉä ´ÉÉ{É®ú±Éä±Éä
+ºÉ±Éä±É BEÚòhÉ {ÉÊ®ú¨ÉÉhÉ ¨Éä. b÷ÉƤɮúÉSÉä BEÚòhÉ
b÷ÉƤɮúÉSÉä ]õxÉ {ÉÊ®ú¨ÉÉhÉ ¨Éä.
{ÉÊ®ú¨ÉÉhÉ ¨Éä. ]õxÉ ]õxÉ
{ÉÊ®ú¨ÉÉhÉ BEò¨ÉÉhÉ
1 2 3 4 5 6 7

Signature of Contractor No. of Corrections Executive Engineer


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Name of Work: B.T. Renewal to Parali Dharmapuri Road SH-233 Km.
15/500 to 18/200 (Actual Km. 15/500 to 17/500)
Tq. Parali Dist. Beed

WORK & SITE CONDITIONS

1. General Description of Work:


As per road development programme 2001-2021 the road
Parali-Dharmapuri Road is SH-233. The work site is 20.00 km. from
taluka head quarter Parali and 100.00 km from district head quarter
Beed.
The contractor will have to provide adequate warning &
caution sign board & care has to be taken to provide maximum
convergence to traffic during construction period.
The work consists of following provisions in brief,
1. P/L 75 mm MPM
2. P/L 50 mm MPM
3. P/A 20 mm OGC with LSC
4. Supplying and spreading Hard murum.
5. Information boards.
This work is sanctioned under 13th Finance.

Signature of Contractor No. of Corrections Executive Engineer


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Name of Work: B.T. Renewal to Parali Dharmapuri Road SH-233 Km. 15/500 to 18/200 (Actual Km. 15/500 to
17/500) Tq. Parali Dist. Beed

SCHEDULE ‘B’

Approx. Item Item of Work Standard Rate Unit Amount


Qty No. Specifications In fig. In Words
& Page No.
1 2 3 4 5 6 7 8
110.48 1 Providing and laying 75 mili metre thick Modified As per 3223.96 Rupees Three One 356183.00
Cubic penetration macadam for pot hole filling/ camber Technical Thousand Two Cubic
Metre correction/ profile correction by providing tack coat 3 Specification Hundred Twenty Metre
kilo gram/ 10 square metre a layer of compacted Clause Three and Paise
crushed coarse aggregate using chips spreader with 506.(IRC-SP- Ninety Six Only
alternate applications of bituminous binder and key 20-2002-
aggregates and rolling with a three wheel 80-100 kN Appendix-8.4)
static roller to achieve the desired degree of
compaction. (Using Bulk Asphalt VG-30 grade)

11000.00 2 Construction of 50 mili metre thick (Bitumen-VG-30) As per 209.39 Rupees Two One 2303290.00
Square Modified penetration macadam over Black Topped Technical Hundred Nine and Square
Metre surface by providing and applying tack coat at the rate Specification Paise Thirty Nine Metre
of 30 kilo gram/ 100 square metre as per MORTH Clause 506. Only
clause No. 503 and providing a layer of compacted (IRC-SP-20-
crushed coarse aggregate using chips spreader with 2002-
alternate applications of bituminous binder and key Appendix-8.4)
aggregates and rolling with a three wheel 80-100 kN
static roller to achieve the desired degree of
compaction.

Signature of Contractor No. of Corrections Executive Engineer


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Approx. Item Item of Work Standard Rate Unit Amount
Qty No. Specifications In fig. In Words
& Page No.
1 2 3 4 5 6 7 8
11000.00 3 Providing and Laying 20 mili metre thick open graded M.O.R.T.H 172.52 Rupees One One 1897720.00
Square premix bituminous carpet including supplying all 2013 (Fifth Hundred Seventy Square
Metre materials as directed preparing and cleaning the base, Revision) Two and Paise Fifty Metre
heating bitumen and chips in hot mix plant, applying Cl.No. 510.1 Two Only
tack coat, 30 kilogram/100 square metre laying the Page No.198-
carpet layer and compacting without seal coat on 201
Black Top surface with paver finisher (Hot Mix Hot
Laid) etcetera complete as directed by Engineer-in-
charge. (Using Bulk Asphalt VG-30 grade)

11000.00 4 Providing and laying bituminous liquid seal coat to M.O.R.T.H 69.44 Rupees Sixty Nine One 763840.00
Square black topped surface, including supplying all 2013 (Fifth and Paise Forty Square
Metre materials, preparing existing road surface, heating Revision) Four Only Metre
and applying bitumen, by self propelled / Towed Cl.No. 511
bitumen pressure sprayer for uniform spraying at Page No.205
specified temperature at 9.8 kilogram /10 square
metre spreading chips at 0.09 cubic metre /10 square
metre and rolling etcetera complete as directed by
Engineer-in-charge. (By Using Bulk Asphalt VG-30
grade) (Type 'A' Seal Coat)

180.00 5 Supplying hard murum/ kankar at the road side, Rd.23 Page 265.55 Rupees Two One 47799.00
Cubic including conveying and stacking etcetera complete as No.202 Hundred Sixty Five Cubic
Metre directed by Engineer-in-charge. and Paise Fifty Five Metre
Only
180.00 6 Spreading gravel/ sand/ soft murum/ hard murum Rd.28, 29, 25.00 Rupees Twenty One 4500.00
Cubic etcetera complete as directed by Engineer-in-charge. 30, & 31 Page Five and Paise Nil Cubic
Metre No.205 Only Metre

Signature of Contractor No. of Corrections Executive Engineer


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Approx. Item Item of Work Standard Rate Unit Amount
Qty No. Specifications In fig. In Words
& Page No.
1 2 3 4 5 6 7 8
1.08 7 Providing and fixing Informatory sign board in square As per IRC- 7000.00 Rupees Seven One 7560.00
Square or ractangular shape of any size made out of 16 Gauge 67,1977 & Thousand and Square
Metre (1.6 mili metre) thick glavanised iron steel sheet MOST Paise Nil Only Metre
painted with one coat of zinc chromate-stoving primer Circular No.
and two coats green stove enamel paint on front side RW/NH-
and grey stove enamel on back side border/ 33023/31/88
messages/ symbols etcetera with cutout of white retro D.O.III Date
reflective sheeting of engineering grade, including mild 2/11-5-1994]
steel angle frame of size 35 mili metre x 35 mili metre
x 3 mili metre and two angle iron post of size 60 mili
metre x 65 mili metre x 6 mili metre, 3.65 metre long,
properly cross braced with angle iron post of size 50
mili metre x 50 mili metre x 5 mili metre duly painted
with one coat of epoxy primer and two coats epoxy
finish paint, having alternative black and white bands
of 25 centi metre width including galvanised iron
fixtures etcetera and fixing the board in 1:4:8 concrete
block of size 60 centi metre x 60 centi metre x 75 centi
metre including transportation etcetera complete.
Total 53,80,892.00

Rupees Fifty Three Lakhs Eighty Thousand Eight Hundred Ninety Two and Paise Nil Only

Signature of Contractor No. of Corrections Executive Engineer


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GUARANTEE BOND FOR SECURITY DEPOSIT (REVISED)
(On Stamp Paper Worth Rupees 100/-)
In consideration of the Governor of Maharashtra (hereinafter referred to as
"the Government") having agreed to exempt __________________ (hereinafter
referred to as "the Contractor") from depositing with the Government in
Cash the sum of Rs._________________ (Rupees _____________________
_____________________only) being the amount of Security Deposit payable by
the Contractor to the Government under the terms and conditions of the
agreement dated the _____________ day of _________________ and made
between the Government of the one part and the contractor of the other
part (hereinafter referred to as "the said Agreement") for _______________as
security for the observance and performance by the contractor of the terms
and conditions of the prescribed form of a Scheduled Bank in fact these
presents in the like sum of Rs._____________ (Rupees _____________
______________________only) we _______________________ Bank/ Limited
registered in India under ________________ Act and having one of our
Local Head Office at ________________ do hereby.

1. Guarantee to the Government -


a) Due performance by the contractor of the terms convenants and
condition on the part of the contractor contained in the said
Agreement AND
b) Due and punctual payment by the Contractor to the Government of
all sums of money, losses, damages, costs, charges, penalties and
expenses payable to the Government by the contractor under or in
respect of the said Agreement.

2. Undertakes to pay to the Government on demand and without


demand and notwithstanding any dispute or disputes raised by the
contractor(s) in any suit or proceeding filed in any court or Tribunal
relating thereto the said sum of Rs ________________ (Rupees
____________________________only) or such less sum as may be
demanded by the Government from us our liability herein under
absolute and unequivocal and agree that.

3. a) The guarantee herein contained shall remain in full force and effect
during the subsistence of the said Agreement and that the same will
continue to be enforceable till all the dues of the Government under
or by virtue of the said Agreement have been duly paid and its claims
satisfied or discharged and till the Government certifies that the
terms and conditions of the said Agreement have been fully properly
carried out by the contractor.

Signature of Contractor No. of Corrections Executive Engineer


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b) We shall not discharged or released from the liability under this
Guarantee by reasons of.

i) any change in the constitution of the Bank or the Contractor


or
ii) any arrangement entered into between the Government and
the contractor with or without our concent.

iii) any forbearance shown to the contractor.


(iv) any variation in te terms, convenants or conditions contained
in the said Agreement.
v) any time given to the Contractor or
vi) any other conditions or cicumstances under which in law, a
surety would be discharged.

c) Our liability hereunder shall be joint and several with that of the
Contractor as if we were Principal debtors in respect of the said Sum
of Rs.______________ (Rupees
____________________________________________
_______________________________________ only)

AND
d) We shall not revoke this guarantee during its currency except with
the previous consent in writing of the Government.

IN WITNESS WHEREOF the Common Seal of ____________ has been here


unto affixed this ______________ day of ________________ 201__.

The Common Seal of __________________was pursuant to the resolution of


the Board of Directors of the company dated the _________________day of
_______________ herein affixed in the presence of who in token thereof, have
hereto set their respective hands in the presence of

1) __________________________________________

2) __________________________________________

Signature of Contractor No. of Corrections Executive Engineer


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DECLARATION OF THE CONTRACTOR

I/We hereby declare that I/we have made myself /Ourselves thoroughly
conversant with the Sub-soil conditions, the local conditions regarding all
materials (such as stone, murum and etc.) and labour of which I/We have
base my/our rates for this work. The specifications, conditions bore results
and lead of materials on this work have been carefully studied and
understood by me/us before submitting this tender. I/We undertake to use
only the best materials approved by the Executive Engineer, Public
Works Division, Ambajogai or his duly authorised assistant, before the
work and to abide by his decision.

Signature of Contractor

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DRAWINGS

CONTRACT DRAWINGS :

The Contract Drawings provided for tendering purpose with the tender
documents shall be used as a reference only. Contractor should visualize
the nature of type of work contemplated and to ensure that the rates and
prices quoted by him in the bill of quantities take due considerations of the
complexities of work involved during actual execution / consideration as
experienced in the field.

The tendered rates/prices for the work shall be deemed to include the cost
of preparation, supply and delivery of all necessary drawings, prints,
tracings and negatives which the contractor is required to provide in
accordance with the contract.

DOCUMENTATION :

If so ordered by the Engineer-in-charge, the contractor will prepare


drawings of the work at constructed and will supply original and three
copies to the Engineer who will verify and certify these drawings.

Final as constructed drawings shall then be prepared by the contractor


and applied in triplicate along with a micro-film of the same to the
Engineer for record and reference purpose at the contractors cost.

Signature of Contractor No. of Corrections Executive Engineer


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