government of maharashtra public...

E – Tender

GOVERNMENT OF MAHARASHTRA

PUBLIC WORKS DEPARTMENT

PUBLIC WORKS CIRCLE, KOLHAPUR

PUBLIC WORKS DIVISION, KOLHAPUR

TENDER FORM FOR THE WORK OF

CONVEYANCE OF BULK BITUMEN FROM

MUMBAI EX-REFINERY TO WORKS SITE OF

WORKS UNDER P.W. SUB-DIVISON KOLHAPUR, KAGAL,

HATKANGALE AND SHIROL @ JAYSINGPUR

E-1 FOR THE YEAR 2015-2016

ESTIMATED COST :- Rs. 11,00,000.00

EARNEST MONEY :- Rs. 11,000.00

SECURITY DEPOSIT :- Rs. 55,000.00

LAST DATE OF SUBMISSION :- Dt. 5/09/2015

E – Tender

Executive Engineer, Public Works Division, Kolhapur Contents sheet of the tender.. Name of Work :- Conveyance of Bulk Asphalt from Mumbai Refinery to site of work under P.W. Dn Kolhapur for the Year 2015-16 P. W. Sub-Dn. Kolhapur, Kagal, Hatkanangale and Shirol @ Jaysingpur

I N D E X Sr. No. Brief of Item Pages

From To

1. Brief Tender Notice 1 3

2. Memorandum 4 4

3. Detailed Tender Notice 5 6

4. Terms and conditions 7 12

5. Form E 13 20

6 Additional Conditional 21 21

6. Schedule B 22 22

1) The Tenderers are requested to quote their rates in the Schedule B & on page no. 12

of E form in Words and Figures. 2) The Memorandum of Agreement and Schedule of Work must be Signed by the Tenderer.

3) Any correction, over writing, erasing and cancellation etc. made in the rates should be

initialed by the Tenderer.

Issued to M/s………………………………………………………………………… Vide ………………………………………..Date. Executive Engineer

Public Works Division, Kolhapur

E – Tender

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E – Tender

MEMORANDUM

PUBLIC WORKS DEPARTMENT

TENDER FOR CONVEYANCE OF BULK ASPHALT FOR 2015-2016

I/W………………………………………………………..the undersigned do hereby

solemnly state that I/We have read the terms and conditions of this contract, that is

for conveyance of materials mentioned in the ‘Schedule of conveyance of Bulk

Asphalt be conveyed from Mumbai Refinery to P. W. Division, Kolhapur in Kolhapur

District

during the year 2015-16 accompanied to this tender agreement and hereby my/our

percentage rates for said conveyance of materials as mentioned in the schedule

materials and strictly as per the terms and conditions of agreement at the rate

mentioned against the item in the ‘Schedule of conveyance Materials’ accompanied

to this agreement.

MEMORANDUM.

1. General Description. : Conveyance of Bulk Asphalt from Mumbai Refinery to site of work under P.W. Dn Kolhapur for the Year 2015-16 P. W. Sub-Dn. Kolhapur, Kagal, Hatkanangale and Shirol @ Jaysingpur

2. Estimated Cost. : Rs. 11,00,000/-

3. Amount of Earnest Money to be paid in cash into Govt. Try./Call Deposit Receipt

: Rs. 11,000/-

4. Security Deposit./F.D.R. Cash not less than the Amount of the Earnest Money.

: Rs 55,000/-

5. Percentage if any, to be deducted from bills to make up to total amount required as security Deposit required by (4) above. 6. Time allowed for the work from the date of written order is 2 months. 7. Should this tender be accepted, I/We hereby agree to abide and to fulfill the terms and conditions of the contract and in default there of, I/We give my/our consent to the action that may be deemed fit as per the conditions of contracts stipulated in this agreement. CONTRACTOR EXECUTIVE ENGINEER

E – Tender

DETAILED TENDER NOTICE A) The tenderer should compulsorily attach in separate envelope following

Documents.

1) Earnest money deposit as per tender notice in the form of call deposit receipt or Term Deposit Receipt of Nationalized Bank in the name of Executive Engineer, P.W. Dn Kolhapur For a Period of 2 Months

2) Last two years out turn.

3) Latest valid Income Tax Certificate.

4) Solvency certificate from the Collector of District or a Bank certificate showing tenderers financial stability to be extent of not less than 20 percent of the amount put to tender.

5) Details of Plant and machinery i.e. No. of bouzers available with them.

6) The tenderer should have his own office with telephone connection at for easy contact.

7) Attested copy of partnership deed and power of attorney. The documents at Sr. No. 1 to 7 should be put in Envelope No. 1 and the tender itself should be put in Envelope No. 2 superscribed as Tender for conveyance of bulk bitumen from Mumbai Refinery to work site under the jurisdiction of P.W.Dn. Kolhapur fot the year 2015-2016.

8) The authority competent to open the tender will first open the sealed cover as mentioned above in the presence of the tenderer or their authorized representative as may be present on the date and time mentioned in the tender notice. All the documents thus received will first be examined by the authority opening the tender and clarification sought if necessary on the condition which may have been stipulated by the tenderer and one of the variance with the stipulation of the notice inviting the tender.

9) The second sealed cover containing the sealed tender will be opened in the presence of tenderer or his authorized representatives only after the part of the tender refer to above has been scrutinized and the condition are clarified if necessary.

10) When the authority opening the tender is satisfied about the compliance of condition as mentioned in above there wise the sealed cover containing the tender will not be opened at all but will be returned to the tenderer treating it as invalid and his acknowledgement obtained in token of receipt of the same.

11) Conditional tender will not be accepted. CONTRACTOR EXECUTIVE ENGINEER

E – Tender

12) The rate, to be quoted by the tenders shall be inclusive of all taxes, insurance charges, loading, unloading and spraying or decaning and other incidental are inclusive with free delivery given at respective site of public works Dn. Kolhapur. The rates quoted shall be valid for a period of (2) Two Months from the date of opening of tender. The tender which do not include firm rate or having any ambiguity will be liable for rejection.

13) The tender rates shall be inclusive of all taxes. Rate and cess shall also be inclusive of tax liable in respect works of work contact under the provision of the Maharashtra Sales Tax on transfer of property in goods is involved in the execution of work contact Act, 1985

14) No. payment on account of statutory increase will be made.

15) No. escalation on any account shall be made applicable.

16) The successful tenderer shall have to pay security deposit at 5% of the estimated amount in the approved form of deposit such as Cash Deposit F.D.R./N.S.C. within (10) ten days from the date of letter informing to do so. If the tenderer fails to pay the security deposit within the stipulated period of tender days his Earnest Money shall be forfeited to Government.

CONTRACTOR EXECUTIVE ENGINEER

E – Tender

TERMS AND CONDITIONS.

1) The rates should be quoted inclusive of all taxes, levies and duties if any.

2) The units in Schedule “B” should not be changed.

3) The delivery of bulk asphalt will have to be given as per actual weight, count and

unit as per Oil Company’s consignee receipt certificate.

4) The delivery of the materials shall be arranged between 9.00 a.m. to 5.00 p.m. on working days. Delivery shall not be taken if the materials are received before or after the above period. No. claim on account of detention or demurrage’s etc. for non observance of above timings at the convenience shall be entertained.

5) Quantity shown in Col. No. 3 in the Schedule “B” is as per estimate and may vary. No. claim for increase or decrease in quantity will be entertained.

6) The transport contractor will be responsible for effecting of quick delivery of materials. They will also be responsible if consignment of materials is not received in time.

7) The transport contractor will be responsible to deliver the material according to the challan. If there is any short receipt of materials, damages etc. during transit period the cost of material at penal rates (at double rate) will be recovered from the transporter.

8) The transport contractor will be responsible for loading and unloading of materials and no claim on any account will be entertained by the Deptt/if any loss is noticed they will be entirely responsible for the same.

9) No conditional tender other than the condition stipulated in this tender will be accepted by this office. The conditional tender will be liable for rejection.

10) If person/firm whose name the tender will be approved is liable to enter in to regular agreement with required security deposit within stipulated time limit period. Failing which his tender will be rejected and earnest money will be forfeited to Government.

11) The period of contract will be two months from the date of issue of work order.


E – Tender

12) The contractor should quote their percentages of rate in words and figures. No

alteration in the form of tender and so in the schedule of quantity and no addition in the shape of special stipulation will be permitted. The tender which do not fulfil all or any of the above condition or in incomplete in any respect will be rejected.

13) The tender will be accepted by the Executive Engineer P.W. Dn. Kolhapur is reserved to reject any or all tenders without assigning any reason there of.

14) On the completion of each job the contractor shall present his bill in triplicate to the consignee from whom he receive initial information. The consignee will verify the bills and submitted to Divisional Office duly allotted along with concern measurement book for releasing payment.

15) Income tax and surcharge if any as per Govt. order in force will be recovered from the contractor’s bills wherever due for payment.

16) The offer shall remain valid for 2 months from the date of opening of the tenders.

17) Municipal octroi exemption certificate will be issued by the consignee, however octroi charges paid by the transporter to the municipal authority at the places of delivery shall be reimbursed by the consignee on production of paid vouchers of such charges provided the octroi exemption certificate being given by the consignee are not acceptable to the respective municipal authority.

18) 100% payment will be released after receipt of bulk bitumen in acceptable condition of the respective site of work No payment for empty journey will be made.

19) Necessary deduction for taxes all source and other recoveries if any as per the rules in force will be made white while effecting the payment.

20) The tender notice and special terms at Sr. No. 1 to 19 above shall also form part of contract agreement.

21) All terms and conditions in the printed ‘E’ form of the agreement shall also binding on the tender.


E – Tender

[ 8 ]

22 The transports contractor shall produce Original challans i.e. marked as

“original for Buyer” issued by the Government Refinery and shall submit it to the site in charge.

23. The Original challans submitted by the transport contractor to the site in charge as per clause 22 above shall be checked by the site in charge and verified by the Divisional store keeper, Divisional Accountant, with the online account of Division with the refinery After this verification only the transport contractor shall be paid. For any discrepancies during verification appropriate action under relevant section of Indian penal code shall be initiated.

24. The transport contractor on receiving the DELIVERY ORDER from the PWD Division office, shall upload on PWD server its number, date and the registration number of the Bouzer to be sent to government refinery for procurement of the bitumen against the given delivery order.

25. It shall be binding upon the transport contractor that as soon as the bouzer is loaded at the government refinery and is within 1 km radial distance from the refinery he shall upload the ORIGINAL CHALLAN number on the PWD server and keep the VEHICLE TRACKING SYSTEM “ON” so as to enable the Bouzer tracking on GIS based maps.

26 The transport contractor shall unload bitumen only at the identified location as shown in ANNEXURE A but as per site requirement if it is necessary to unload bitumen at any other location other than the identified location as stated in ANNEXURE A then such location or location shall be approved by Engineer in charge with intimation to the Superintending Engineer.

27. The transport contractor shall pay additional security deposit in the from of bank guarantee issued by Nationalised Bank payable at located at Executive Engineer P.W.Division, Kolhapur head quarter)of amount Rs.nil. The amount of security deposit shall be maintained throughout the Contract period.

28. In the event transport contractor defaults in performing the conditions 23,24,25,26 and 29 than.

A) Bill of Transportation of such defaulting bouzer shall not be paid. B) Amount equal to transportation charges of the bitumen shall be recovered as

a fine from the Transport Contractor’s bank guarantee / his due payment. C) Before taking delivery of such Bitumen, Testing of Bitumen will be done at

the cost of transport contractor’s expenses. D) Appropriate action under relevant section of Indian penal code shall be

initiated.

Signature of Contractor No. of Corrections Executive Engineer

E – Tender

[ 9 ]

29. Supervisory control and data acquisition (SCADA) for Bitumen carrying Bouzers with VEHICLE TRACKING SYSTEM (VTS).

The transport contractor shall arrange to provide web based supervisory control and data acquisition system (SCADA) with all necessary instrumentation and automaton to Bouzers that will be used for transportation of bitumen. The Bouzers should also be fitted with VTS device which would be able to transmit the LATITUDE LONGITUDE SPEED CURRENT TIME. DEPARTURE TIME FROM REFINERY, ARRIVAL TIME AT DESTINATION in real time so that the location of Bouzers shall be seen on GIS based Maps. The Bouzer data generated shall be uploaded on PWD server. All other conditions mentioned below shall be binding upon the transport contractor.

THE OFFER OF THE TRANSPORT CONTRACTOR SHALL INCLUDE FOR THIS PURPOSE :

1. The cost of procuring establishing running operating and maintaining VTS devices and

assembly to transmit data including all Sensors and any other necessary instrumentation / automation required to acquire and report the parameters tabulated below.

TRANSPO

RT CONTRAC

TOR’S NAME

DELIVERY

ORDER

NUMBER

DELIVERY

ORDER

DATE

BOUZER

NUMBER

LOADED BITUME

N QUANTI

TY IN METRIC TONS AND

GRADE OF

BITUMEN

DEPARTURE FROM

REFINERY

DATE AND TIME

CHALLAN

NUMBER

ARRIVAL AT

IDENTIFIED OR APPRO

VED LOCATI

ON DATE AND TIME

LATITUDE AND LONGITUDE OF IDENTIFIED OF APPRO

VED LOCATI

ON

UNLOADED

BITUMEN

QUANTITY

The Engineer in charge if necessary may add some additional parameters to table give

above and it shall be binding upon the transport contractor to incorporate it in the table above.

2. The transport contractor shall provide web connectivity on proper site where data is being acquired, transmitted processed stored and retrieved with minimum speed of 1 MBPS and with 100% uptime (Connectivity.)

3 The transport contractor shall provide all the necessary hardware and Software which will facilitate tracking of the Bouzer movement, from Refinery to Destination.

4. The Web Application of VTS shall be enabled to locate path travelled by the BOUZER on GIS based MAP and shall also communicate the necessary parameters approved by Engineer in charge by SMS and deaily e-mail to the representatives of Engineer in charge.

5. The transport contractor shall provide the web application in such a manner that it shall first update the above data in real time on PWD’s works monitoring e-governance web application automatically.


E – Tender

[ 10 ] 6. Calibration of all SCADA related attachment / accessories shall be mandatory

as per the latest prevailing specification. Web based application shall monitor the schedule of Calibration of all SCADA related attachment / accessories. The invalidity of calibration shall lead to non-acceptance of work or measurement and the contractor shall not be paid for such non-accepted work or measurement.

7. All data generated as per this special condition of contract shall be the property of PWD.


E – Tender

Tender for the Conveyance of materials.

I/We the undersigned do hereby for the conveyance of the materials described in the attached schedule subject to the conditions of contract here up to at the Rates Percentage below/ above the estimated rates specified in the said schedule :

MEMORANDUM.

a) if several Sub-works are included they should be detailed in a separate list. e) The amount of earnest money to be deposited shall be in accordance with the provisions of paras 204 and 205 of the M.P.W. Manual. d) This deposit shall be in accordance with paras 211 and 212 of the M.P.W. manual. e) The percentage where no security deposit is taken. Will vary from 5% to 10% according to the requirement of the case where security deposit is taken see note 1 to clause 1 of conditions of contract. Should this tender be accepted I/We hereby agree to abide by and to fulfill all the terms and the provisions of the specifications and conditions of contract annexed here to so far as they may be applicable, and in default there of to forfeit and pay to the Government of Mumbai (hereinafter referred to as The Government) the sums of money mentioned in the said conditions, Receipt No……………… dated…………………… from the Government Treasury or Sub-Treasury dated at ………..the …………2015 The above tender is hereby accepted by me for and Date………………… the ……………………..2015.

a) General Description : Conveyance of bulk asphalt from Mumbai

ex-refinery to site of work under P.W.Division, Kolhapur for the 2015-16 P.W.Sub-Kolhappur/Kagal/ Hatkanangale/Shirol @ Jaysingpur b) Estimated cost Rs. 11,00,000/- c) Earnest money Rs. 11,000/- d) Security deposit Rs. 55,000/- i) Cash (Not less than Rs. The amount of earnest money. ii) To be deducted Rs. - - - From current bills. ------------------- Total Rs. 55,000/- e) Percentage, if any to be deducted from bills (to make up the total amount required as security deposit required by (d) above. f) Time allowed for the work from the date of written order to commence the months 2 months Or Sub-Treasury at …………………… In respect of the sum of Rs…11,000/- is forwarded herewith representing the earnest money (* (a) which may be forfeited to the Government should I/We not deposit the full amount of security deposit in accordance with Clause 1(A) of the said conditions of contract, otherwise the said sum of Rs. 11,000/- shall e refunded. +(Signature) (Address) Signature of witness to signature of tenderer (Address) On behalf of the Governor of Maharashtra (Signature of the office accepting the tender)


E – Tender

{ 13 }

FORM ''E''

B & C / I & P Department

TENDER AND CONDITIONS FOR CONVEYANCE OF MATERIAL

1. Where earnest monty is to be deposited, the tender must be accompanied by cash or by a receipt form the officer in charge of the Civil Treasure for the requisite amount, which will be repaid by the Executive Engineer should the tender not be accepted. In case the tender is accepted the earnest money will be returned to the contractor on his furnishing the case the tender is accepted the earnest money will be returned to the contractor on his furnishing the cash portion of the security deposit required form him.

Exempted from Stamp Duty, vide G.R. No. 338-A-A1732 of 9th October 1989.

2. If the tender is accepted no separate agreement shall be necessary and the tender itself shall be treated as the contract.

3. For signature on the tender, see, Rule-1.

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONCTRACTORS.

1) The Tender should compulsorily attach requisite documents duly attested in separate envelope with earnest money Deposit as mentioned above in the form of term deposit receipt for a period of one year of one year of any Schedule bank if not. Fixed Deposit Receipt or any Nationalized Bank in the name of the Executive Engineer Public Works Division Kolhapur without which no tender will be considered. The Earnest Money Deposit will be released along with work order.

2) The Tender should compulsorily attach requisite documents duly attested in

separate envelope with earnest money Deposit as mentioned above in the form of term deposit receipt for a period of one year of one year of any Schedule bank if not. Fixed Deposit Receipt or any Nationalized Bank in the name of the Executive Engineer Public Works Division Kolhapur without which no tender will be considered. The Earnest Money Deposit will be released along with work order.


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3) The amount of earnest money to be deposited shall be at 1 percent of the estimated cost of the work or at such higher percentage rate as may by the officer concerned in accordance with the provisions of paragraphs 202 and 203 of the Public Works Department Manual second edition. Such earnest money should generally be paid by the contractors direct into a Treasury or a Sub-Treasury and the receipt obtained therefore should be attached to the tender form.

4) The Executive Engineer or his duly authority 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 from. receipts for earnest money forwarded with the tenders shall be given to the contractors on the day the money is received. In the event of a tender being accepted a contractor shall for the purpose of identification, sign copies of the specification and other documents as may be necessary. In the event of a tender being rejected the Divisional Officer shall authorize the Treasury Officer concerned to refund the amount of the earnest money deposited to the contractors making the tender, on his giving a receipt for the return of the money.

5) The Officer competent to dispose of the tenders shall have the right of rejecting all or any of the tenders.

6) Every contractor shall, unless exempted in writing by the Superintending

Engineer, produce along with his tender a solvency certificate from the Collector of the District within which he resides on banker’s certificate of his financial stability. If he fails to produce such a certificate his tender shall not be considered.

Clause 1-Security Deposit :- The person/ persons whose tender may be

accepted (hereinafter called the contractor which expression shall unless excluded or repugnant to the context. Include his heirs, executors, administrators and assignees) shall (A) (within one day for a contract of Rs.1,000 or less or two days for a contract of more than Rs.1,000 upto Rs.2,000 and so on upto a limit often days, for a contract of the Rs.10,000 or more 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 in (if deposited for more than 12 months) a sum sufficient to make up the full security deposit specified in the tender or (B) (permit Government at the time or making any payment to him for work done under the contract to deduct such sum as will amount to.............* (this percentage is equal 10 written in lender (d) Percent of all money so payable, such deduction to the held by Government by way of security deposit. Provided always that in the event of the contractor depositing a lump sum by way of security deposit as contemplated at (A) above then and in such case,


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if the sum so deposited shall not amount of.............................. cost of the work it shall be lawful for Government at the time of making any payment to the contractor for work done under the contract to make up the full amount of.............................. percent by deducting a sufficient sum from every such payment at last aforesaid until the amount to the security deposit is made up. All compensations or other sum of money payable by the contractor to Government under the terms of his contract may be deducted from, or paid by the sale of a sufficient part of his security deposit or from the interest arising there from, or from any sums which may be due or may become due by Government to the contractor on any account whatsoever and in the event of his security deposit being reduced by reason of any such deduction or scale as aforesaid any sum or sums which may been deducted from, or raised by sale of his security deposit or any part there of. The security deposit referred to when paid in cash may, at the cost of the depositor, be converted Into interest bearing securities provide that the depositor has expressly desired this in writing.

If the amount of the security deposit to be paid in the lump sum within the period

specified at (A) above is not paid the ender / contract already accepted shall be considered as cancelled and legal steps taken against the contractor for recovery of the amounts. The security deposit lodged by a contractor shall be refunded after the expiry of three months from the date on which the final bill is paid.

Clause 2- liability on contractor for failure in delivery of materials :- The contractor

shall deliver the materials on or before the dates mentioned in the tender and schedule failing which he shall be liable to pay a sum of Rs.100/- MT as and for liquid dated damage every day that he shall delay the delivery of the said materials.

Clause 3 – No Claims to compensation for loss :- Thus sustained in very case in

which delay mentioned in clause 2 shall continue for .................................. clause 2 shall continue for consecutive days, the officer competent to dispose of the tender shall have power either to annul the contract all together or to get the materials conveyed without further notice at the contractors risk and expense, as he may deem necessary in the interests or the Government and the contractor shall have no claim to compensation for any loss that he may thus. Including on account of the action of the said Officer.


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Clause 4 – No Compensation for restriction of work :- If at any time after the execution of the contract documents the Executive Engineer of his Assistant shall for any reason whatever not require the whole or any part of the work as specified in the tender of the carried out the Executive Engineer of his Assistant shall give notice in writing of the fact to Contractor who shall thereupon have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have deriver form the execution of the work in full but which he did not derive in consequence or the amount of the work not having been so carried out.

Clause 5 – Extension of time :- if the contractor shall be hindered in the

conveyance of the materials so as to necessitate an extension of the time allowed in the tender and schedule, he shall apply in writing to the office in charge of the work, who shall grant it in writing with the sanction of the competent authority or reasonable grounds being shown for it. In the absence of such written authority of the Executive or Assistant Engineer, the contractor shall have no claim to exemption from the line leviable under clause 2.

Clause 6 – place if delivery of Materials :- Delivery of the materials is to be taken

by contractor at places mentioned in the schedule and the material is to be deposited by the contractor at such place within the limits of the site.

As may be pointed out by the subordinate in charge of the work materials

are to be stacked regularly in such manner as may be directed and so to admit of their being easily counted of measured.

Clause 7 –Supply of tools, plant etc. by contractor for due fulfillment of

contract :- the contractor shall supply at his own risk and cost all tools, plant and implement required for the due fulfillment of his contract and the materials etc. shall remain at his risk, till the date of final delivery, except such portion as shall have been in the mean time removed for use by the Executive Engineer or his Assistant.

Clause 8 – No claim for demurrage etc.:- On obtaining an indent for any materials it shall be the duly of the contractor to ascertain when the material will be available at places mentioned in the schedule as under no circumstances shall any claim for what Age, demurrage and the like be entertained in the event of his carts, boats or other means of carriage being det detained at Pune or elsewhere.


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Clause 9 - Contractor responsible for breakage and loss in transit :- The contractor shall be responsible for breakage and loss sustained in transit if it is in excess of the percentage allowed in the following schedule and value of the materials so lost or injured shall be deducted from the payment that may be due to him.

Schedule

Kind of Material Percentage of loss allowed

Conveyance of Bulk Asphalt from to site of Not Allowed

works in Kolhapur District under The

Jurisdiction of Executive Engineer,

P.W.Division, Kolhapur.

Clause 10- Refund of quarry fees and royalties:- All quarry fees, royalties octroi duties, ground rent for stacking materials. If any, etc. shall be paid by the contractor, who will however be entitled to a refund of such of the charges as are permissible under the rules on obtaining a certificate from the Executive Engineer that the materials were required for use on Government work.

Clause 11:- Carriage of materials by boat :- If the materials are carried by boat

the contractor shall make his own arrangement and select any place he may thick proper for loading the materials as they are will remain there at his risk and charges form the time they are made over to him at until they are stacked and delivered at the site of the.

Clause 12:- Payment for quantity delivered :- Payment will be made to the extent of nine tenths of the quantity delivered and measured during each month. But all such payments shall be considered as payments on account to be covered by the final bill for the complete supply.

Clause 13:- Action for damage :- If the contractor or any person employed by him breaks or defaces any building road, lence, enclosure grass land or cultivated land. He shall make good the damage at his own expense and in the event of his refusing or failing to do so the damage shall be repaired at his expense by the Executive Engineer shall be final) from any sums that may be then due, or at any time thereafter may become due, to the contractor or from his security deposits or the proceeds of sale thereof or of a sufficient portion thereof.


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Clause 14:-Contractor bound to complete the work at rates mentioned in Contract :- No Claim or claims made by the contractor for increased rates. on the grounds that the market or other rates, included in the contractor have risen during the period of his contract will be recognized that is to say, the contractor is bound to complete the work and / or to convey materials at the rates mentioned m the contract.

Clause 15:-Certificate of completion of work :- On satisfactory completion of the

work the contractor shall be furnished with a certificate to the effect.

Clause 16:-Delivery on Sundays :- No Materials shall be brought to the site of the

work of delivered on Sundays without the written permission of the officer in charges of the work.

Clause 17:-Subletting of contracts :- The contract shall not be sublet without the

written permission of the Executive Engineer. In the event of the contractor subletting his contract without such permission he shall be considered to have thereby committed 3 breach of the contract and shall forfeit his security deposit and he shall also have to claim to compensation fro any loss that may accrue from any engagement he may have entered into.

Clause 18:-Compensation under the Workmen’s compensation Act :- The

Contractor shall be responsible for and shall pay compensation to his workmen which may be payable under the workmen’s compensation. Act of 1923 (VII of 1923) (herein after called the as principal under sub-section (1) of section 12 of the said Act on behalf on the contractor if shall be recoverable by Government from the contractor under sub-section (2) of the said section. Such compensation shall be recovered in the manner laid down in Clause 1 above if the amount of compensation paid by Government as aforesaid exceeds the amount of security deposit made hereunder, such excess amount shall be paid by the contractor to Government failing which legal steps will be taken, against the contractor for recovery of the amount in excess so paid by Government.

Clause 19:- Decision of the Superintending Engineer to be final :- The decision

of the Superintending Engineer for the time being shall be final binding and conclusive on all questions relating to the meaning of the specification.


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Clause 20:-Minimum age of persons employed and employment of donkeys or other animal or the payment of fair wages :-

i) No contractor shall employ any person who is under the age of 12 years.

ii) No contractor shall employ donkey or other animals with breaching of string or thin

rope. The breaching must be at least three inches wide and should be of tape (Nawar)

iii) No animal suffering from sores lameness or emaciation or which is immature shall

be employed on the work. iv) The Executive Engineer or his agent is authorized to remove from the work any

person or animals found working which does not satisfy these condition and no responsibilities 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 works undertaken by him. In the event of any dispute arising between the contractor and his workmen on the ground 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 the existence of the dispute or the decision, if any of the Executive Engineer shall not in any way affect the conditions in the contractor regarding the period during which the work is to be completed or the payment to be made by the Government at the sanctioned tender rates.

Clause 20A:- Contractors percentage whether applied to net or gross

amounts of bill :- The percentage referred to in the tender shall be deducted from added to the gross amount of the bill before deducting the value of any stock issued.

Clause 21:-Method of Payment. :- Payment to contractors will be made by cheque drawn on any treasury within the Division most convenient to them provided the amount to be paid exceeds Rs.10 Similar amount will be paid in cash.

Clause 22:-Employment of scarcity labour :- If Government declares a state of

scarcity or famine to exist in any village situated within 10 miles of the work, the contractor, shall employ upon such parts of the works as are suitable for unskilled labour, any person with or without equipment such as carts, donkeys, 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 or relief and shall be bound to pay to such persons wages not below the minimum which Government may have fixed I this behalf. Any dispute 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.

Clause 23:-Acceptance of conditions compulsory before tendering for work :-

Any contractor who does not accept these shall not be allowed to tender for works and his name shall be removed from the list of contractors.


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Schedule B

Conveyance of Bulk Asphalt 80/100 VG-10 grade in bouzer from Petroleum refinery Mahul (Mumbai) to site of work under the Executive

Engineer Public Works Division, Kolhapur Sub-Dn.Kolhapur, Kagal, Hatkanangale & Shirol @ Jaysingpur for the year 2015-2016

Sr.No. Description of Work to be

carried out Total Quantity to be conveyed etc.

From To Tender Estimated Rates

Unit Total Cost of each item

Date of Commence

-ment of

work

Remark

In Figures

In Words

1 Taking the delivery of Bulk Asphalt 80/100 VG-10 grade in bouzer from petroleum Refinery, Mahul (Mumbai & Conveying the same to site of work of P.W. Sub- Dn.Kolhapur, Kagal, Hatkangale & Shirol @ Jaysingpur year 2015-16 Approximate distancee 400.00 Km

500.00 Metric Tonnes

Petroleum oil Refinery Mahul Chembur (Mumbai)

Site of work under public works of P.W. Sub- Dn.Kolhapur, Kagal, Hatkangale & Shirol @ Jaysingpur year 2015-16

5.20 Rs. Five & Paise Twenty only

Per

Kilo-

Meter per metric Tonne

10,40,000/- Immediately from the date of work order

The work is to be carried out as & When required by the consignees

2 Bouzer heating spraying and/or Decanning asphalt of any grade at work site as directed

500.00 Metric Tonnes

At site of work (As directed)

120.00 Rs. One Hundred & Twenty Paise Only

Per Metric Tonne

60,000/-

Total 11,00,000/- CONTRACTOR EXECUTIVE ENGINEER

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