mmeee ccchhaaannniiicccaaalll cciirrrlllcceee ... · deposited online in the icici bank account of...

For Authorised Use Only

GOVERNMENT OF MAHARASHTRA

WATER RESOURCES

DEPARTMENT

MMMEEECCCHHHAAANNNIIICCCAAALLL CCCIIIRRRLLLCCCEEE,,,

NNNAAANNNDDDEEEDDD...

VISHNUPURI PUMP HOUSE DIVISION,

NANDED.

B-1 E-TENDER PAPERS

NOTICE NO. 6/1 OF 2017-18

NNNAAAMMMEEE OOOFFF WWWOOORRRKKK

Maintanance to V L Gates by removing old cardium compound and applying new

cardium compound of Gate No 1 to 18 @ SCVP

EXECUTIVE ENGINEER

VISHNUPURI PUMP HOUSE DIVISION, NANDED.

Deputy Engineer Divisional Accountant Executive Engineer

B-1 E-TENDER NO.

FOR 2017-18

Contractor No. of Corrections Executive Engineer

2

TENDER DOCUMENTS

NAME OF WORK : Maintanance to V L Gates by removing old cardium

compound and applying new cardium compound of Gate No 1 to 18 @

SCVP Date First Available : __________________________________

Issued To : __________________________________________

Registered in Class : __________________________________

D. R. No.: ___________________________________________

On Date : ___________________________________________

Divisional Accountant


3

IINNDDEEXX Sr.

No

Particulars Pages

Form To

1. Proforma letter for sending advertisement for press

2. Tender Notice

3. Detailed Tender Notice

4. Further Instructions for the Guidance of Tenderer

5 Guideline to the Contractors and his obligatory conditions

SECTION – I

5. General Conditions of Contract for Plant Machinery

1. Definition of Terms

2. Contractor to inform fully

3. Contract

4. Sub-letting of Contract

5. Patent Right etc.

6. Workmanship & materials

7. Packing

8. Delivery

9. Fencing & Lighting

10. Power to vary out omit work

11. Negligence

12. Death, Bankruptcy etc.

13. Access to site and works site

14. Materials brought on to the site

15. Engineer‟s Supervision

16. Engineer‟s Decision

17. Contractor‟s Representative

18. Liability for Accidents & Damage

19. Insurance

20. Replacement of Defective works of materials

21. Deduction from Contract Price

22. Terms of Payments

23. Extension of Time

24. Compensation for Delay

25. Rejection of defective plant of work

26. Taking Over

27. Guarantee & Guarantee Period


4

Sr.

No

Particulars Pages

Form To

28. Liquidated Materials

29. Construction of contracts

30. Income Tax

31. Rate

32. MVAT

33. On Acceptance of the tender by the Department

34. Certification of Completion of Works

36. Evaluation of Tender

37. Contract Documents and matters to be treated as

confidential

38. Setting out Works

39. Essentiality Certificate

SECITON – II

Special Conditions of Contract

B-1 Form

Schedule „A‟

Schedule „B‟

Declaration of Contractor

Annexure – I- Details of Other Works and in hand as on the

date of submission of this tender

Annexure – II - Details of work similar type & Magnitude

Annexure – III- Details of Technical Personnel with the

Tenderer

Annexure – IV- Details of other work tender for and value of

work unfinished on the date of the submission

Annexure I - A

Annexure I – B


5

VISHNUPURI PUMP HOUSE DIVISION, NANDED

NAME OF WORK

Maintanance to V L Gates by removing

old cardium compound and applying

new cardium compound of Gate No 1

to 18 @ SCVP

Estimated Cost Put To Tender

2,90,650/-

Period of issue of Blank Tender

Form

Due date of Receipt of tender

Tender Form issued to

Cost of Tender form received from

Contractor


6


WATER RESOURCES DEPARTMENT

Name of Division :- Executive Engineer, Vishnupuri Pump House

Division, Jangamwadi, Nanded. 431 605. Name of Work

Maintanance to V L Gates by removing

old cardium compound and applying

new cardium compound of Gate No 1 to

18 @ SCVP Period of Issue of Blank Tender form

Date of Receipt of Tender

Estimated cost put to tender

Rs. 2,90,650/-

Security Deposit 2%

Rs. 5,813/- Initial

3% + Rs. 8,720/- Through R.A. Bills

Name of Contractor

M/s. ……………………………….

Date of Work order

Stipulated date of completion

: Three months from Date of Issue of

work Order

Tender accepted under No


7

कार्यकारी अभिरं्ता भिष्णपुरूी पंपगहृ भििाग, र्ांभराकी ििन परीसर, नांदेड-४३१६०५ दरूध्िनी क्र (०२४६२) २६०७३८ E-Mail : [email protected]

जा.क्र.भिपंगभृिनां/लेखा-१/ / सन २०१८ भदनांक:- / /२०१८ प्रभत, उप संचालक (जाहिरात) माहिती व जनसंपर्क र्ायालय, नहवन प्रशासर्ीय इमारत, लातरु.

भिषर् : ई-हनहिदा सचुना क्र. 6/1 सन २०१७-१८ जाहिरात प्रहसध्दीस देणे बाबत. महोदर्, या पत्रासोबत या कायालयाची हनहिदा सचूना ितृ्तपत्रामध्ये प्रहसध्दी करण्यासाठी पाठिण्यांत येत आिे. कृपया ितृ्तपत्रामध्ये हनहिदा सचूना प्रहसध्दीसाठी पाठिािी ि त्याचे दर या कायालयास कळिािेत, िी हिनंती. 1) कायालयाचे नांि ि संपणूण पत्ता :- कायणकारी अहभयंता, हिष्णपुरूी पंपगिृ हिभाग, नांदेड- ४३१६०५ कायालयीन दरूध्िनी क्र.(०२४६२)- २६०७३८

2) हनहिदा सचूना प्रहसध्दीचा अंहतम हदनांक :- भदनांक. ----/-----/--------- पिुी 3) प्रहसध्दीचे स्िरुप :- मराठी 4) ज्या हजल्ियात काम कराियाचे आिे :- नाांदेड त्याचे नाि

5) ितृ्तपत्राचे नांि :- हजल्िास्तर मराठी साप्तािीर्. 6) हनहिदा सचूना हकती िेळा प्रहसध्द :- १ (एक) िेळा कराियाची आिे 7) प्रहसध्दी हबलाचे भुगतान :- कायणकारी अहभयंता, हिष्णपुरूी पंपगिृ हवभाग, यांहत्रकी भिन पहरसर, नांदेड-४३१६०५. भिप:- िरील जाभहरात १०० चौ.से.मी. आकारात प्रभसध्द करण्र्ात र्ािी भह भिनंती. सोबत:- ई भनभिदा सचूना क्र. 6/1 इंग्रजी/मराठी (४ प्रती)

कायणकारी अहभयंता, हिष्णपुरूी पंपगिृ हिभाग,नांदेड. प्रत :- मा. अधीक्षक अहभयंता, यांहत्रकी मंडळ, नांदेड यांना माहितीस्ति ि प्रहसध्दीस्ति सहिनय

सादर. ( सिपत्र :- ई हनहिदा सचुना 1 प्रत)

प्रत :- र्ायकर्ारी अहभयंता, नांदेड पाटबंधारे हवभाग (North/South), नांदेड.

प्रत :- उप अहभयंता, यांहिर्ी उप हवभाग (हव. प्र.), असजणन यांना माहितीस्ति रिाना. (सिपत्र :हनहिदा सचुना 1 प्रत)

प्रत :- तांहत्रक शाखा- १ हिभागीय कायालय. / सचूना फलक

HENTE System /Office G /All E-Tender/Mechanical Blank E-Tender/ P-6/Dt.00/00/2018.


8

E-Tender NOTICE


WATERS RESOURS DEPARMENT

E- Tender Notice No. 6/1/2017 – 18

Main Portal : www.maharashtra.etenders.in e-tender in B-1 From are invited by Executive Engineer Vishnupuri Pump House Division Nanded

( Phone No. 02462-260738) for the following work from contractor registered in Mechanical

Organization Department, Gov. Of Maharashtra The name of work, Estimated cost, Earnest Money,

Security Deposit, time limit for completion etc . are as under The Blank tender Documents are to be

downloaded from the Government Website www.maharashtra.etenders.in Blank tender documents

will not sold by this office, Vendors who have enrolled & empanelled on the above portal can

download tender documents from the website. after receipt of application with required documents

mentioned in detail Tender Notice. Blank tender documents will be available on web site from

00/00/2018 to 00/00/2018. www.maharashtra.etenders.in

Sr.

No.

Name of work Estimated

Cost Rs.

(Lakh)

Earnest

Money

Deposit

Rs.

Initial

Security

Deposit

Rs.

Time limit

for

completion

of work

from date

of work

order.

Eligibility of

Contractor

Cost of

blank

Tender

document

(Non-

refundable)

1 2 3 4 5 6 7 8

1 Maintanance to V

L Gates by

removing old

cardium

compound and

applying new

cardium

compound of Gate

No 1 to 18 @

SCVP

2,90,650/- 2,907/- 5,813/- 03 Months

Registered

contractor with

Mechanical

organization,

W.R.D in

capable class.

Amt. Rs.

500/-

The Contractor should submit the Blank Tender Document fee & E.M.D. should be

deposited online in the ICICI Bank Account of Executive Engineer, Vishnupuri Pump House

Division, Nanded, before opening of Bid, i.e. on before 00/ 00 /0000 up to 00.00 Hrs.failing to

which Techanical Bid will not be opened. 1. All related activities ( process) like Tender Document Download, Preparation & Hash Submission Main Tender &

Submission of other Document will be Governed by the time schedule given under Kay Dates above.

2. Key dates mentioned on website for this E-Tender are tentative and Executive Engineer, Reserves right to amend the

dates. The changes will be uploaded on website only .

3. Pre Bid meeting at Chief Engineer, (Mech.) Water Resources Department, MICO Circle, Trimbak Road Nashik-422002

on 00/00/0000 @ 00.00 P.M. Interested Contractor may be send their Queries vide Online Or Fiphycically Present in pre

bid meeting. (DELETED)

Executive Engineer,

Vishnupuri Pump House Division,

Nanded

http://www.maharashtra.etenders.in/




9

Detail e-Tender Notice No. 6/1 for 2017-18 Government of Maharashtra

Water Resources Department Mechanical Circle Nanded

Vishnupuri Pump House Division Nanded Main Portal: www.maharashtra.etenders.in

Mech.Org.Portal:http://mahayantriki.gov.in

E-Tender in B-1 For Various works are invited by Executive Engineer Vishnupuri Pump House Division Nanded ( Phone No. 02462-260738 ) from the Authorised contractors registered in Appropriate Class Under Mechanical organization, W.R. Department, Gov. Of Maharashtra. 1. Date of Download Starts From -------/-------/-------------. 2. Details of above E-Tender documents are available on www.maharashtra.etenders.in web site.

Tenderers have to remit tender paper cost deposited online in the Executive Engineer, Vishnupuri Pump House Division, Nanded,

3. Tenderers have to submit their offer on line only.

4. The Contractors should enrolled and empanelled themselves on above web site and should

have class-III digital Signature

5. For any clarifications tenderers may contact on 02462-260738

6. The Tender Rates shall be exclusive of GST.

7. Address for Correspondence

Name and Address : Executive Engineer

Vishnupuri Pump House Division,

Nanded

E-Mail I.D. : [email protected]

Executive Engineer,

Vishnupuri Pump House Division

Nanded.



10


eTender Notice No.6/1 of 2017-2018

Government of Maharashtra

Water Resources Department

Main Portal: http:/ maharashtra.etenders.in

Mech. Org Portal:

Portal: http:/ Wrd.maharashtra.etender.in

http//Mahayantriki.Gov.in On line electronic bids in B-1 form for below mentioned work are invited by the

Executive Engineer, Vishnmupuri Pump House Division, Nanded 431605 Phone No.

02462-260738, from the Mechanical Contractors Registered in approprite class with

Water Resources Department of Government of Maharashtra.

The B-1 etenders are available on Website from -----/-----/-------- to ---/----/-----------

Detail time table of Tender activities is available on above said website.

S

r.

N

o

Name of work Estimated

Cost

Earnest

Money

deposit

Time limit

for

complitio

n

Type

of

Tende

r

Cost of

B-1

Tender

decument

1 2 3 4 5 6 7

1 Maintanance to V L

Gates by removing old

cardium compound

and applying new

cardium compound of

Gate No 1 to 18 @

SCVP

2,90,650/- 2,907/- Three

Month

B-1 500/-

The Contractor Participating first time in eTendering Bids will have to procure

Digital Signature Certificate, Users name and password from competent authorities as

per guidlines mentioned on home page of website.

If any assistance is required regarding eTendering (Up load /Down load) Please

contact Shri. Nikhil Kulkarni, system intigrator Phone No.020-25315555 (Pune)

All information regarding eTendering process is available on above Website.

1. Detail Tender Notice can be seen on the Notice Board in the Executive Engineers

Office. (Copy can be obtained free of cost from Executive Engineer on request)

Blank tender booklets are available on the Government of Maharashtra website

(http://maharashtra.etenders.in) The competent authority reserves all rights of

rejecting any or all tenders without assigning any reason.

2 Bid Capicity documents will be available on Government of Maharashtra website

(http://maharashtra.etenders.in) from 00/0/0000 to 00/00/0000 The bidder has to

submit

the documents online as per key dates mentioned below.

11


3. For the cost of Main Tender Document and E.M.D., It will be submitted by the contractor VIA Payment Gate way of ICICI bank as per E-Tender Norms.

2. It is necessary to give the undertaking as follows "Bidders are not allowed to make

any changes additions and alternations in tender documents downloaded from

website. If it so the tender of such contractors will be rejected and the contractors

who made such changes are liable for action as per Rules." Tender documents

published on Government website are considered as valid and legal documents; in

case of any complaint about the tender.

3. The Scan copy of Earnest Money is to be submitted online and oroginal EMD need

to be submitted in Physical at above mentioned office, on or before uploading the

bid.

4. Scanned copy of work done/ Experience certificate of Contractor regarding

successfully completed the Any Mechanical work in One Year issued by not below

the rank of Executive Engineer.

5. ONLINE ENVELOPE NO.1:(Documents to be uploaded)

LISTOF DOCUMENTS SUBMITTED.

The first online envelope “Envelop No.1” shall contain the following documents.

5.1 Scanned copy of original Goverment treasury challan or term deposite receipt

valid for a period of one year from any Nationalized /Schedule Bank for the amount of

earnest money, of the value of Rs._________/- if applicable. In the name of Executive Engineer, ____________________________ (DELETED)

5.2 Scanned copy of original valid certificate as a Registered Contractor with the Government of Maharashtra, Mechanical Organization in appropriate class

5.3 Scanned Copy of Details of Income Tax Circle or ward of the district in which the tenderer is assessed to Income Tax , Tenderer’s PAN No. and complete postal address with Pin Code and telephone Numbers. Last Three Years Income Tax Return Certificate

5.4 Scanned copy of original GST registration certificate.

5.5 Scanned copy of list of works for and in hand as on date of submission of tender.(in form No.I page No )

5.6 Scanned copy Details of work of similar type and magnitude carried out by the contractor. .(in form No.I page No )

5.7 Scanned copy The list of machinery and plants immediately available with the tender for use on this work and list of machinery proposed to be utilized on this work. .(in form No.I page No )

5.8 Scanned copy Details of Technical Personals avialble with contractor. .(in form No.I page No )

5.9 Scanned copy of original registered partnership deed,memorandum of articles of Association if the tender is a partnership firm,joint stock company and power of attorney and firm registration certificate if any.

5.10 Scanned copy of (DELETED)

5.11 Scanned copy of (DELETED)

5.12 Scanned copy of partnership Deed or article of association or power of Attorney in case of partnership firm attested copy of partnership Deed certificate or copy of artcle of association and Memorandum of association of Limited company and power of attorney should be attached.

12


5.13 Scanned copy of declaration of contractor.

Note.1.All All above documents should be attested by Competent Authority except those documents

which are required to be submitted in original.

2. if the above all documents are not uploaded in proper manner or uploaded documents are not as

per minimum eligibility criteria or found misleading bid will be rejected and Envelope No. 2 will not be

Opened

6. The bids submitted online should be signed electronically with a Digital Certificate to

establish the identity of the bider bidding online The contractors has to obtain the

Digital Certificate.

7. The Contractor may contract ETMS Help Desk (Contract No.202-25315555) to get

the information required to process the Tender online.

8. The bidder should go through the Guidelines to contractors on the operations of

Electronic Tendering system.

9. E-Opening of e-tender will be done as per time schedule specified.

10. The contractor should upload the documents in readable form. He should take trial of

uploads by taking printour. The unreadable documents will be treated as null and

void. The remaining documents will be evaluated.

11. Right to reject any or all the tenders without assigning any reason thereof is

reserved.

12. If any assistance is required regarding eTendering (Upload/download) please

contact Mr.Nikhil Kulkarni, System Integrator Phone 020-25315555.

Sd/-

Executive Engineer

Vishnupuri Pump House Division, Nanded

(Phone No.2462-260738)

e-Mail:[email protected].

13


Detail E-Tender Notice No. 6/1 for 2017-18

Government of Maharashtra

Water Resources Department

Mechanical Circle Nanded

Vishnupuri Pump House Division Nanded

Main Portal:http;// maharashtra.etenders.in

Mech.Org.Portal:http://mahayantriki.gov.in

Name of Office : Executive Engineer Vishnupuri Pump House Division Nanded

Name of Circle : Superintending Engineer Mechanical Circle Nanded

Sr.

No. WRD Stage Contractor’s Stage Start Date

Start

Time

Expiry Date

& Time

Expiry

Time

1 Release e-Tender - 00/00/2018 11:00 00/00/2018 17:30

2 - Tender Document Purchase 00/00/2018 17:31 00/00/2018 17:30

3 - Tender Document & Online Bid 00/00/2018 17:31 00/00/2018 17:30

4 Close for Bidding of Main

Tender - 00/00/2018

17:31 00/00/2018

17:30

5 Close for Price Bid - 00/00/2018 17:31 00/00/2018 17:30

6 - Bid Submission 00/00/2018 17:31 00/00/2018 17:30

7 Tender Opening and Short

Listing (Technical) - 00/00/2018

17:31 00/00/2018

17:30

8 Price Bid Opening - 00/00/2018 17:31 00/00/2018 17:30

9 Tender Award - 00/00/2018 17:31 00/00/2018 17:30

Please put appropriate Dates according to Standard Norms .

Please Note :- The contractor should submit the Blank Tender fee & E.M.D. should be deposited online in the

ICICI Bank account of Executive Engineer, Vishnupuri Pump House Division, Nanded, failing to which

technical bid will not be opended.

.

1) Pre Bid meeting at Chief Engineer, (Mech.) Water Resources Department, MICO Circle,

Trimbak Road Nashik-422002 on 00/00/00 @ 00.00 P.M. Interested Contractor may be send their

Queries vide Online Or Fiphycically Present in pre bid meeting. (DELETED)

2) Any change in above schedule will be communicated accordingly

The Bidders may refer E-Tendering Tool Kit available online to perfrom their online

activities http://mahaetenders.gov.in

Executive Engineer,

Vishnupuri Pump House Division, Nanded .

14


EARNEST MONEY

3.1 The tender should be accompanied by an Earnest Money Deposit which should be paid VIA Payment Gate way of ICICI Bank as per E-Tender Norms. 3.2 Tenderer who are exempted from payment of earnest money should attach an attested copy of a certificate from Government of Maharashtra regarding exemption

3.3 Earnest Money in any other form of cash or Cheque will not be accepted. 3.4 The amount of earnest money will be forfeited, in case the successful contractor does not pay the amount of initial security deposit within the time specified as stipulated by the Executive Engineer and complete the contract documents. In all other cases, earnest money will be refundable

3.5 The Successful tenderer shall have to pay half the Security Deposit in the form of approved security from and the balance is recoverable through running account bill at the percentage stipulated in the agreement. 3.6 In the event of failure of tenderer to pay cash security deposit within 10 days. (unless extended in the writing by the Executive Engineer) from the date of receipt of the notice (sent by registered post) of acceptance, of his tender the amount of earnest money shall be forfeited to the Government and acceptable of his tender shall be considered as withdrawn. Except that in the event of the notice of the acceptance of the tender not being issued within 90 days from the opening of the tender, the tenderer shall have an option (to be intimated in writing in good time before the expiry of 90 days period) of withdrawing his tender, in which case earnest money shall be refunded in full. All the tenders shall be kept open for 90 days from the date of the tenders 3.7 Earnest Money of the un-successful tenders will be refunded on their application only after an intimation of rejection of their tender sent to them or on the expiry of the validity period which ever is earlier.

3.8 Tenderer who are exempted from payment of earnest money should attach an attested copy of a certificate from Government of Maharashtra regarding exemption.

15


FURTHER INSTRUCTIIONS FOR THE GUIDANCE OF TENEDERER

The tender will be liable to be rejected if any of the conditions mentioned

below raised individually or cumulatively, while submitting it.

1. The tenderer proposes any alteration in the work specified in the tender or in the

time allowed for carrying out the work or any other conditions.

2. Any of the pages of the tender are removed and or replaced.

3. Any erasures are made by him in the tender

4. All page are not initialed by the tenderer and

5. The tenderer or in the case of a firm each partner thereof does not sign or the

signature is/are not attested by a witness on page 36 of the tender in the space

provided for the purpose.

16


1. Satisfactory work will be done under guidance of Engineer In Charge.

2. The contractor should see the site prior to tendering, if not it shall be so presumed

for all practical purposes.

GUIDELINE TO THE CONTRACTORS AND HIS

OBLIGATORY CONDITIONS

17


Section 1

18


SECTION -1

GENERAL CONDITIONS OF CONTRACT FOR PLANT, MACHINERY

MANUFACTURED EQUIPMENT AND MECHANICAL WORKS

1. DEFINITION OF TERMS

In constructing these general conditions and the annexed specifications, the following words

shall have the meaning herein assigned to them unless there is something in the subject or

context inconsistent with such construction. The “Purchaser " shall mean the Governor of

Maharashtra and shall include his successors, and assignees.

The “Contractor " shall mean the Tenderer whose tender shall be accepted by the purchaser

and shall include the tenderer's legal personal representatives, successors and permitted

assignees.

The " Sub-Contractor " shall mean the person named in the contract for any part of the work

of any person to whom any part of the contract has been sublet with the consent in writing of

the Engineer and the legal representatives, successors and permitted assignees of such

persons.

The "Engineer or Engineer-in-charge" shall mean the Executive Engineer, Vishnupuri Pump

House Division, Nanded, or duly authorised representative. "Plant" shall mean and include

any machine, fixed or movable used for the generation of transmission of power or actuated

by power.

"Work or Works" shall mean the whole of the plant and materials to be provided and work to

be done executed or carried out by the contractor under the contract. The "Contract" shall

mean the agreement to be entered in to under Clause of these General Conditions and shall

also include all the documents by which any agreement by the Contractor to provide to

execute or carry out the plant work of works shall be constituted or in or by which the terms

of such agreement or any of them are contained or set forth specially including these general

conditions, any special conditions attached to or issued with these conditions, the

specifications, drawings the invitation of tenders (if any ) or any other letter of notice or

document upon or with reference to which the tender is made the tenderer and the acceptance

thereof, and the "Schedule of price (if any) furnished by the contractor with his Tender.

" The Specification" shall mean the specification annexed to these general conditions and the

Scheduled thereto (if any).

"The site" shall mean the whole of the premises buildings and ground in or upon which the

plant, works or works is or are to be provided/executed, erected/done or carried out. Site

Engineer Shall mean Dy. Engineer, Mechanical subdiv(V.P) , Asarjan.

19


"Shipping or Shipment" shall mean the shipping or shipment and similar expressions which

shall include all transport from the manufacturer’s works to the work site.

"Tests on completion" shall mean much tests as are prescribed by the specification, to be

made by the contractor before the plant is taken over by the purchaser. "Commercial Use"

shall mean that the use of work which the contract contemplates or of which it is to be

commercially capable. "Month" shall mean calendar month.

Words importing persons shall include firms, companies, corporations, and vice versa where

the content requires. Words importing the singular only shall also include the plural and vice

versa where the context requires.

2. CONTRACTOR TO INFORM HIMSELF FULLY :

The contractor shall be deemed to have carefully, examined the invitation for tenderers (if

any) the General and any Special condition (if any). Detailed drawings shall be held to be

more correct and binding then general drawings, and in like manner drawings to a larger

scale, or for special instructions shall be held to be more correct and binding than drawings

made to a smaller scale or for general instructions, and figures dimensions shall be held to be

more correct than dimensions by scale, but subject nevertheless in case of doubt or dispute as

to any of the matter aforesaid to the determination and decision of the Engineer as

hereinafter is more particularly mentioned and provided always that nothing herein contained

shall limit the powers of the Engineer, hereinafter mentioned.

3. CONTRACT :

A formal agreement, with or without sureties at the option of the purchaser, shall be entered

into between the contractor and purchaser for the proper fulfillment of the contract.

The agreement and guarantee shall be in the form annexed to these general conditions with

such modifications as may be necessary.

The expenses of competing and stamping the agreement shall be paid by the purchaser and

the contractor shall be furnished free of charge with an executed counterpart of the

agreement

After the tender has been accepted by the purchaser all orders of instructions to the

contractor shall, except as herein otherwise provided, be given by the Engineer, on behalf of

the purchaser.

4. SUB-LETTING OF CONTRACT :

The Contractor shall not, without the consent in writing of the Engineer of purchaser, assign

or sub-let his contract, or any substantial part thereof, other than for raw materials, for minor

20


details, or for any part of the work of which the

manufacturers are named in the contract, provided however that any such consent shall not

relieve the contractor from any obligation, duty or responsibility under the contract.

5. PATENT RIGHTS ETC :

The Contractor shall fully indemnify the purchaser against all actions, suits, claims,

demands, costs, charges, and expenses arising from or incurred by reason of any

infringements for any letters, patent designs, trade mark or name, copyright or other

protected rights in respect of any machine, plant, work material thing or system or method of

using, fixing, working or arrangement used or fixed or supplied by the Contractor, but this

indemnity shall not extend or apply to any action, suit, claim, demand, cost, charges or

expenses arising from or incurred by reason of the use of the works or any part thereof

otherwise than in the manner for a purpose contemplated by the contract. All royalties and

other similar payments which may have to be paid for the use of any such machine, plant,

work, materials, things, system or method as aforesaid (whether payable in one sum or by

installments or otherwise) shall be covered by the contract price and payable by the

Contractor.

In the event of any claim or demand being made or action or suit brought against the

Government in respect of any such matter or matters as aforesaid the Contractor shall be

duly notified thereof, and he shall conduct all negotiations for the settlement such claims or

demand and such action of suit shall also be conducted by him subject if and so far as the

purchaser shall think proper to the Supervision and control of the Purchaser through the

Officer duly authorised in this behalf.

6. WORKMANSHIP AM) MATERIALS :

The plan and/or the work shall be manufactured, constructed, provided, put in possession

carried out and maintained in all respects with the workmanship and materials of the best and

most substantial and approved qualities to the entire satisfaction of the Engineer, who may

reject any plant, apparatus, materials, or workmanship which shall in his opinion be

defective in quality, any such rejection to the final and conclusive.

7. PACKING:

The contractor shall at his own cost provide for securely protecting and packing the plant so

as to avoid damage in transit under proper conditions and he shall be responsible for all loss

or damage caused or occasioned by any defect in packing. All plant shall be packed in

accordance with the packing specifications enclosed. Packing or shipping methods not

21


following these specifications must be approved by the Engineer, before shipment is made.

All bright parts shall be thoroughly protected form rust during transit. The purchaser will

take no responsibility for any damage done to the plant enroute to the " Site of Work " or

"Place of delivery " whichever may be specified.

8. DELIVERY

The contractor shall include in the total cost of his tender the cost of delivering the whole of

the plant and material on the site and shall include all import duties and custom dues etc

9. FENCING AND LIGHITING

Except as hereinafter expressly provided the purchaser shall, unless otherwise, specified be

responsible for the proper fencing, guarding, lighting and watching of all works comprised in

the contract and for the proper provision of temporary roadways, footways, guards and

fences as far as the same may be rendered necessary by reason of the work for the

accommodation and protection of foot passengers or other traffic and of the owner and

occupies of adjacent property and of the public.

10. POWER TO VARY OR OMIT WORK

No alternations, amendments, commissions, additions, suspensions or variations of the work

(hereinafter referred to the variations) under the contract as shown by the contract drawings

or the specification shall be made by the contractor except as directed in writing by the

Engineer-in-charge but the Engineer-in-charge, shall have full power, subject to the

provisions hereinafter contained, from time to time during the contract to make such

variation without prejudice to the contract & the contractor shall carry out such variation &

he is bound by the same conditions, as far as applicable, as though the said variations

occurred in the specification. If any suggested variations, would in the opinion of the

contractor, if carried out, prevent him from fulfilling any of his obligations or guarantees

under the contract notify the Engineer thereof in writing and the Engineer shall decide

forthwith whether or not the same shall be carried out, and if the Engineer confirm his

instructions, the contractor's obligation and guarantee shall be modified to such an extent as

may be justified. The difference of cost, if any, occasioned by any such variations, shall be

added to or deducted from the contract price as the case may required. The amount of such

difference, if any, shall be ascertained and determined in accordance with the rates specified

in the schedules of rates are not contained in the said schedules, or are not applicable, they

shall be settled by the Engineer and contractor jointly, but the purchaser shall not become

liable for the payment of any charge in respect of any such variations unless the instructions

22


for the performance of the same shall have given in writing by the Engineer.

11 NEGLIGENCE:

If the contractor shall neglect to execute the work with due diligence and expedient, or shall

refuse or neglect to comply with any reasonable order given to him in writing by the

Engineer, in connection with work, or shall contravene the provisions of the contract the

purchaser may given seven days notice in writing

to the contractor to make good the failure neglect or contravention. Complained of the

should the contractor fail to employ with the notice within a reasonable time from the date of

service thereof an the case of a failure neglect or contravention capable of being made good

within time, or otherwise within such time as may be reasonably necessary for making in

good, then and is such case the purchaser shall be at liberty to comply other workmen and

forthwith perform such work as the contractor may have neglected to do or if the purchaser

shall think fit, it shall be lawful for him to take the work wholly or impart out of the

contractor's hands and reconstruct at a reasonable price with any other person or persons or

provide or any other materials, tools, tackle or labour for the purpose of completing the work

of any part thereof and in the event the purchaser, shall without being responsible to the

contractor for fair wear and tear of the same have the free use of all materials, tools, tackle,

construction plant or other things which may be on the site for use at any time in connection

with the work to the exclusion of any right of the contractor over the same & the purchaser

shall be entitled to retain and apply any balance which may be otherwise due on the

contractor by him to the contractor or such part thereof as may be necessary to the payment

of the cost of executing such work as aforesaid.

If the cost the executing work as aforesaid shall be exceed the balance due to the contractor

and the contractor fails to make good the deficit, the said, materials, tools, tackle

construction plant and other things, the property of the contractor may be sold by the

purchaser, and the proceeds applied towards the payment of such difference and the cost

existing after crediting sales the proceeds shall be paid by the contractor on the certificate of

the Engineer, but when all expenses, cost, and charges incurred in the completion of the

work are paid by the contractor the contractor shall be at liberty to remove all such materials,

tools, tackle construction plant or other things remaining unsold and the same shall be

removed by the contractor forthwith.

12. DEATH, BANKRUPTCY ETC

If the contractor shall die, or become insolvent or bankrupt or have a receiving order made

against him business under with or make any proposal for carrying on his business under

inspection or for the benefit of his creditors or commit an act of insolvency or bankruptcy, or

being a corporation pass a resolution or be ordered to be wound up or have a receiver of its

business appointed the purchaser shall be entitled forthwith by notice in writing to the

23


contractor or his legal representatives to determine the contract and the purchaser may in the

event complete with contract and in such time and manner and by such persons as he shall

think fit and may exercise the same powers and provisions contained in the last proceeding

clause.

13. ACCESS TO SITE AND WORK ON SITE (Only applicable to complete Erection

Contract)

Suitable access to and possession of the shall be afforded to the contractor by the purchaser

in reasonable time, and the purchaser shall have any foundations to be provided by him

ready when required by the contractor. Where a Crane is available, its safe lifting capacity

shall be given to the successful tenderer and it shall be available for use of the contractor

until the paint is taken over

The work so for as it is carried out on the purchaser's premises, shall be carried out at such

times the purchaser may approve, but the purchaser shall give the contractor all reasonable

facilities for carrying out the work.

In the execution of the work, no persons other than the contractor, or his duly appointed

representative, Sub-Contractor and workmen shall be allowed to do work on the site except

by the special permission, in writing, of the Engineer-in-charge or his representative, but

access o the works at all times shall be accorded to the Engineer-in-charge, and his

representative and other authorised officials or representatives of the purchaser.

Nevertheless, the contractor shall permit the execution of work by other contractors or

tradesman whose names shall have been previously communicated in writing to the

contractor by the Engineer-in-charge, and afford them every facility for the execution of the

several works simultaneously with his own.

14. MATERIALS BROUHT ON TO THE SITE:

All materials, tools and tackle brought to end delivered upon the site for the purpose of the

work shall from the time of their being so brought be deemed to be in the possession of the

purchaser as if attached to the land on which they are brought and may be used for the

purpose of the work put for that purpose only and shall not on any account be removed or

taken away by the contractor or any other person without the express permission in writing

of the Engineer-in-charge, but the contractor shall nevertheless be solely liable and

responsible for any loss of destruction thereof or damage thereto unless resulting from

caused beyond the contractor's contract nor being the causes, insurance against destruction or

damages. The purchaser shall have a lien on such materials, tools, and tackle for any sum of

sums which may at any time prior to the completion of the works be due or owing to him by

the contractor under in respect of or reason of the contract and shall often giving notice to the

contractor be at liberty to sell and dispose of any such materials, tools and tackles, remaining

24


after the completion of the works in such manner as he shall think fit, and to apply the

proceeds in or towards the satisfaction of such sum or sums so due or owing as aforesaid but

subject to such lien and power of sale and disposal, such surplus materials, tools and tackle

as remain shall belong to the contractor and may be removed and disposed of by him as he

shall think fit.

15. ENGINEER'S SUPERVISION:

All the works shall be carried out under the direction and the reasonable satisfaction of the

Engineer-in-charge i.e. Executive Engineer Vishnupuri Pump House Division, Nanded. If

supervision of supply or complete including the contractor shall reasonable for the

correctness of the positions, levels and dimensions of the works according to the drawing,

not with standing that he may have been assisted by the Engineer, in setting out the same.

16. ENGINEER -IN CHARGE'S DECISION

In respect of all matters which are left to the decision of the Engineer, including the granting

or with-holding of certificated, the Engineer, shall if required so to do by the contractor, give

in writing a decision thereof and his reasons for such decision.

17. CONTRACTOR'S REPRESENTATIVE AND WORKMEN: (Only applicable to the

Erection Contract.)

a) If the supervision of erection or complete erection be included, then the

contractor shall employ at lest one competed representatives, whose name or

names shall have previously been communicated in writing to the Engineer, by

the contractor to supervised the erection of plant and the carrying out the works.

The said representative of if more than one shall be employed. Then one such

representatives shall be present on the site during working hours and any written

order/instruction which the Engineer or his duly authorised person whose name

shall have been previously have been previously communicated in writing to the

Contractor may give to the said representative of the Contractor shall be deemed

to have been given to the contractor.

b) The Engineer, shall be at liberty to object any representative or persons

employed by the Contractor in the execution of or otherwise about the works

who shall misconduct himself or be incompetent or negligent, and the contractor, shall

remove the persons so objected to upon the receipt from the Engineer,

of notice in writing requiring him so to do, and shall provide in his place a

competent representative at the contractor's expense.

c) The contractor shall not employ any person who is under the age of 18 years

18 LIABILITY FOR ACCIDENTS AND DAMAGE:

In the case of "delivery " contract the contractor shall be entirely responsible, for all loss

25


damage or depreciation to the plant until the plant had been delivered at the "Place of

delivery" as defined in clause - 9

The contractor shall not be responsible, unless otherwise agreed, for loss damage or

depreciation to goods other than that due to faulty protection and insecure packing beyond

the "Place of delivery" as defined in clause-9 nor shall be under any obligation to give

further notice, statutory or other that he accept no responsibility.

In the case of delivery contract where erection is also to be carried out by the contractor the

letter shall be responsible for all loss, damage or depreciation occurred during the transport

of the plant from the place of delivery to site arising from any cause other than faulty

protection or packing

In the case of complete erection contract the contractor shall be entirely responsible for all

loss, damage of depreciation to the plant until the plant is "taken over". The contractor shall

during the progress of the work properly cover up and protect the plant from injury by

exposure to the weather and shall take every reasonable, proper timely useful precaution

against accident or injury to the same from any cause and shall be and remain answerable

and liable for all accidents or injuries thereto which until the same be or be deemed, may

arise or be occasioned by the acts or omissions of the contractor, workmen or sub-contractors

and all losses and damages to plant arising from such accidents or injuries or any other cause

as aforesaid shall be made good in the most complete and substantial manner by the at the

sole cost of the contractor and to the reasonable satisfaction of the Engineer-in-charge.

Until the work shall be or be deemed to be taken over as aforesaid, the contractor shall also

be liable for and shall be deemed to have indemnified the purchaser in respect of all damage

or injury to any persons or to any property of the purchaser or of other occasioned by the

negligence of the contractor or his workmen or sub-contractors or by defective design work

or material but no other wise.

Provided that the contractor shall be liable under the contract for any loss of profit or loss of

contracts any claims made against the purchaser not already provided for in the contract, nor

for any damage or injury caused by or arising from the acts of purchaser or of other, or (save

as to damage by fire, as hereinafter provided) due to circumstances over which the contractor

has no control, nor shall his total liability for loss, damage or injury exceed the total value of

the contract.

The contractor shall indemnify and save harmless the purchaser against all actions, suits,

claims, demands, costs or expenses arising in connection with injuries suffered prior to the

date when the plant shall have been taken over by persons employed by the contractor or his

sub-contractor on the works whether under the General Law of under the workmen's

compensation Act, 1923, or any other stature in force at the date of the contract dealing with

the question of the liability of the employers for injuries suffered by employees and shall

26


also take steps properly to insure against any claims, there under. (Only applicable to

complete Erection Contract.)

On the occurrence of an accident which result in the death of any the workmen's employed

by the contractor which is so serious as to be likely to result in the death of any such

workmen, the contractor shall within 24 hours of the happening of such accidents, intimate

in writing to the concerned Engineer-in-charge about the fact of such accident. The

contractor shall indemnify Government against all loss or damage sustained by Government

resulting directly or indirectly from his failure to give intimation in the manner aforesaid

including the penalties or fines if any, payable by Government as consequence of

Government's failure to give notice under the workman's Compensation Act, in regard to

such accident.

In the event of any claim being made, or action brought against the purchaser involving the

contractor and arising out of the matters referred to and in respect of which the contractor is

liable under this clause, the contractor shall be immediately notified thereof, and he shall be

with the assistance, if he so require, of the purchase, but at the sole expense of the contractor,

conduct all negotiations for the settlement of the same of the any litigation the may arise

there from. In such case the purchaser shall at the expense of the contractor afford all

available assistance for any such purpose.

In event of any accident in respect of which compensation may become payable under

workmen compensation Act-VIII of 1923, whether by the contractor or by the Government

as principal it shall be lawful for the Engineer-in-charge to retain out of money due and

payable to the contractor such sum or sums of money as may in the opinion of the Engineer-

in-charge be sufficient to meet with liability. The opinion of the Engineer-in-charge shall be

final regard to all matters arising under this clause.

19. INSURANCE

Contractors shall take out necessary insurance policy/ policies so as to provide adequate

insurance cover for execution of the awarded contract work from the Director of Insurance,

Maharashtra state, Mumbai -400 051 only. It's postal address for correspondence is 264

MAHDA opp: Kalanagar, Bandra (E), Mumbai 400 051 ( Tel. NO. 648403) ( Fax)

6438461/6438090 Insurance policy / policies taken out from any other company will not be

accepted. However, if the contract desired to affect insurance with the local office of any

insurance company, the same should be under the co-insurance cum-servicing arrangements

approved by the Director of Insurance if the Policy take out by the contractors is not on co-

insurance basis (G.I.F. 60% And Insurance company 40 approved by the Government

insurance Fund the same will not be accepted and the amount of premium calculated by he

director of Insurance will be recovered directly from the amount payable to the contractors

for the executed contract work which may be noted.

27


20. REPLACEMENT OF DEFECTIVE WORK OR MATERIALS

If during the progress of the Engineer-in-charge shall decide and notify in writing to the

contractor that the contractor has executed any unsound or imperfect work, of has supplied

any plant or materials inferior in quantity or quantity to those specified, the contractor on

receiving details of such defects or deficiency shall at his own expenses, within seven days

of his receiving the notice or other wise within such time as may be reasonably necessary for

making it good, proceed to alter, reconstruct, or remove such work, or supply fresh material

upto the standard of the specification, and in cash the contractor shall fail so to do the

purchaser may on giving the contractor seven days notice in writing of his intention so to do

proceed, to remove the work or materials complained of, and at the cost of the contractor

perform all such work or supply all such materials, provided that nothing in this clause shall

be deemed to deprive the purchaser of or affect any rights under the contract which he may

otherwise have in respect of such defects or deficiencies. No payment which may have been

made on account of the plant or materials delivered or work executed shall be looked upon a

acceptance of such or any plant, material or work.

21. DEDUCTIONS FROM CONTRACT PRICE

The amount of all cost, damages or expenses of other sums which under the contract shall be

payable by the Contractor's to the purchaser may be deducted by the purchaser from any

money due or be carrying due by him to the contractor under the contract, without prejudice

to the purchaser's right to remove the same by the ordinary process of law.

22. TERMS OF PAYMENTS

The payment will be release as under as per availability of funds from concerned

civil Division

i) Portion of the work completed by the contractor will be paid @ 100 % in Running Account

Bill.

ii) Balance 00 % will be released after completion of work in final bill.

23. EXTENSION OF TIME

If the Contractor shall desire an extension of the time for completion of work on the ground

of his having been unavoidably hindered in its executive or on any other ground, he shall

apply in writing to the Executive Engineer before the expiration of 90 days from the date on

which he was hindered as aforesaid or on which the cause for asking for extension, grant

such extension as he thinks necessary or proper. The decision of the Executive Engineer in

this matter shall be final.

28


a) In case of delay in handling over the land required for the work due to unforeseen causes the

contractor shall not be entitled for any compensation whatsoever from Govt. on the ground

that the machinery or labour was for certain period remained idle, contractor may however

apply for extension of time limit which may be granted on the merit of the same

b) Page 29 Engineer in charge in empowered

24. COMPENSATION FOR DELAY:

The time allowed for carrying out the work as entered in the tender shall be strictly observed

by the contractor and shall be reckoned from the date on which site is made available / orders

to commence work is given to the contractor. The work shall through he stipulated period of

the contract be proceeded with, with all due diligence (time being deemed to be the essence

of the, contract on the part of the contractor) and the contractor shall pay as compensation an

amount equal to Engineer (whose decision in writing shall be final) may decide, of the

amount of the estimated cost of the whole work as shown by the tender for every the proper

dates, the work un-commenced, or furnished after the proper dates, the work the contractor

shall be bound in all cases in which the time allowed for any work exceeds 30 days to

complete, as per schedule given of general condition of contract.

In the event of the contractor failing to comply with these conditions he shall be liable to pay

as compensation an amount equal to one percent or such smaller amount as superintending

Engineer (whose decision in writing shall be final) may decided of the said estimated cost of

the whole work for every day that due quantity of work remains incomplete. Provided

always that amount of compensation to be paid under the provisions of this clause shall not

exceed 10 percent of the estimated cost of the work as shown in the tender.

25 PAYMENTS

The payment will be release as under as per availability of funds from concerned

civil Division

a) Portion of the work completed by the contractor will be paid @ 100 % in Running Account

Bill & Balance 00 % will be released after completion of work in final bill.

b) MAINTENANCE

After the works are completed in all respect in all respect in accordance with contract

conditions, a completion certificate will be issued by the Engineer-in charge.

From the date of issue of the completion certificate, till the expertly of 24 (Twenty Four)

calendar months, the contractor shall be liable for the replacement of any part of plant or work

found to be defective from the causes arising from faulty materials or workmanship or other

29


causes fir which in the judgment of the Engineer-in-charge, the contractor is responsible and

for making good any damage arising therefrom.

c) Balance 10% will be released after successful completion of whole work as per tender

condition and after giving satisfactory performance.

d) Payment will be made as per availability of funds. Interest claimed by contractor will not be

entertained by this office in case of any delay in payment.

26. REJECTION OF DEFECTIVE PLANT OF WORK :

If the plant found to be defective, or fails to fulfill the requirements of the

contract, the Engineer-in-charge shall give the contractor notice setting forth

particulars of such defective or failure and the contractor shall forthwith make

the defective, plan, good or alter the same to make it comply with the requirements of the

contract, should be fail to do so within a reasonable time the purchaser may reject and

replace at the cost of the contract, the whole or any portion of the plant as the case may be

which is defective or fails to fulfill to requirements, of the contract. Such replacement shall

be carried out by the purchaser within a reasonable time and at a reasonable price, and where

reasonably possible to the same specification and under competitive conditions. The

contractor's full and extreme liability under this clause shall be satisfied by the payment to

the purchaser of the extra cost, if any of such replacement delivered and/or erected as

provided for in the original contract, such extra cots, being the ascertained difference

between the price paid by the purchaser under the provisions above mentioned, for such

replacement and the contract price for the plants replaced and there payment of any sum paid

by the purchaser to the contractor in respect of such defective plant. Should the purchaser not

so replace the rejected plant, or work, within a reasonable time, the contract's full and

extreme liability under this clause shall be satisfied by the repayment of all money paid by

the purchaser to him in respect of such plant or work.

In the event of such rejections, the purchaser shall be entitled to the use of the plant in a

reasonable and the proper manner for a time reasonably sufficient to enable him to obtain

other replacement.

27. TAKING OVER

When all performance tests called for by the specifications have been successfully carried

out, the plant shall be accepted and taken over when it has been satisfactorily put into

operation on site, or within one month of its being ready to be put into operation, whichever

shall be the earlier and the Engineer, shall forthwith issue a taking over certificate.

If for any reasons other than the default of the contractor such last mentioned tests on site

30


shall not be carried out within three months of notice by the contractor to the purchaser of

the plant being ready for test, the plant shall be deemed to have been taking over as on the

last day of such period and payment due to the contractor on taking over shall be made out

never the less the contractor shall, if called upon so to do by the purchaser but at the

purchaser's expense, make the said tests during the maintenance period and except as

aforesaid under the obligation.

28. GUARANTEE AND GUARANTEE PERIOD

For period 12 (Twelve) months commencing from the date of taking over the work by the

Department after its successful commissioning at site the contractor's liability shall be

limited to the replacements/repair of any defective parts that may develop in plant of his own

manufacture of that of his sub-contractors approved. Arising solely from faulty design,

materials, or workmanship provided and such defective parts are not replacement/repairable

at site and are not essential in the mean time in commercial use of the plant, will be returned

to the contractor's work unless otherwise arranged.

If it becomes necessary for the contract to replace or renew any defective portions of the

plant under this clause the provisions of this clause shall apply to the portions of the plant so

replaced or renewed. If any defects be not remedied within a reasonable time, the purchaser

may proceed to do the work at the contractor's risk and expense but without prejudice to any

other rights which the purchaser may have against the contractor's in respect of such defects.

The repaired or renewed parts will be fitted by the contractor. If any repairs are carried out

on his behalf at site, the contractor shall bear the cost of such repairs. The performance

guarantee for repaired and or repairs. The performance guarantee for repaired and or

replaced item shall be valid for the un-expired. Period of the original guarantee or for year

from the date of the repaired and or replaced item is put into satisfactory operation

whichever is more.

At the end of the guarantee period the contractor's liability ceases.

29. LIQUIDATED DAMAGES

Fines can be imposed on contractor in case of his default. However, it should be clearly

noted that liquidated damages are not penalties but only compensation to Government in the

event the contractor fails to complete the work as agreed. The amount charged cannot exceed

to the context of injury caused to Government by the default.

If the contractor fails to complete the work or designated part thereof by the stipulated

completion date for the work or for that part, he shall pay liquidated damages at one tenth of

one percent of contract value for each incomplete part per day of delay in completion and

handling over to the Government. The maximum liquidated damages payable shall be

31


limited to 5 % of the cost of designated part of work remaining unexecuted.

30. CONSTRUCTION OF CONTRACTS

The contract shall in all respect the constructed and operated as a contract as defined in the

Indian Contract Act, 1972 and all payment there under shall be made in rupees unless

otherwise specified.

31. INCOMTAX

Income tax will be deducted from the sums to be paid to the contractor for the works carried

out at prevailing of the gross amount from each bill along with 15% surcharge on such

deduction or as amended from time to time.

32. RATE :

Rate shall be inclusive of all taxes and duties i.e. Sales Tax, Excise duty, Octroi etc., with

cost of Erection, Commissioning, Testing at site of work complete. The rate quoted in the B-

l format will be applicable only to the value of Job work (Excluding service Tax).

33. GST

A)The tender rates are exclusive of GST.The rates Quoted by the contractor shall be rates

excluding GST.

B) Perovisional amount of GST @ 2% i.e. 1% CGST + 1% SGST will be deducted at source

(TDS) After the enforcement of sections 51 of Maharashtra Goods & services Act.2017

34. ON ACCEPTANCE OF THE TENDER BY THE DEPARTMENT

The Deptt. reserves right to place work order as per availability of tender

35. CERTIFICATE OF COMPLETION OF WORKS

As soon as work is complete the contractor shall give such notice to the engineer with in 3

months and engineer shall finish to the contractor with a certificate of completion or

otherwise.

Neither party shall be liable to the other party for any loss or damage occasioned by arising

out of acts of god and in particular unprecedented flood, volcanic eruption, earth quake or

other conclusive of nature and other acts such as but not restricted to invasion, the act of

foreign countries, hostilities or was like operation before or after declaration of war,

rebellion, military or usurped power which prevent performance of contract and which could

not have been foreseen of avoided by a prudent person.

32


36. Tender work will not be splitted

37. EVALUATION OF TENDER

Evaluation of offers shall be done on the basis of rates quoted in space provided in tender

document in envelope No. 2 no charge in price after opening of envelop No. 2 will be

allowed.

38. CONTRACT DOCUMENTS AND MATTERS TO BE TREATED AS

CONFIDENTIAL

All documents correspondence, decision and orders concerning the contract shall be

considered as confidential or restricted in nature by the contractor and he shall not divulge or

allow access to them by unauthorized or allow person.

39. SETTING OUT WORKS

The contractor shall be responsible for correct setting out of all works at his costs. The

contractor shall execute the work true to alignment, grade and levels as shown in drawing

and as directed by the engineer and shall check these at frequent intervals. The contractor

shall provide free of costs, all facilities like labour, instruments etc and all co-operation. The

contractor shall be responsible for maintaining accuracy of work.

40. ESSENTIALITY CERTIFICATE

For procurement of materials, where requested by the contractor, Govt. will provide an

essentiality certificate for the same. This will however not be considered as a condition for

not adhering to the work completion schedule as agreed to in the tender.

33


Section II

34


SECTION-II

SPECIAL CONDITIONS OF CONTRACT

1. GENERAL:

The purchaser reserves the right of rejecting any or all tenders and of accepting separate

tenders for part items of these specifications without assigning any reasons. All royalties

for patents or charges for the use of infringements thereof that may be involved in supply

of use of any equipment or to be furnished under this specification shall be included in the

tender prices. The contractor shall protect the purchaser against any and, or all claims

arising on account of use, thereafter the purchaser agreeing to furnish the contractor any

appropriate information or assistance.

All woks included in the specification shall be carried out in accordance with the "General

Conditions of contractor for plant, machinery and manufactured equipment" copy of which

is attached hereto except otherwise modified under these special conditions. However, in

case of a dispute arising from the contract the decision of the Engineer, of the Department

shall be considered as final and binding on the contractor.

Due consideration will be given to any special devices or adjustments put forward by the

tender which are calculated to enhance the general utility and safe and efficient operation

of the plant provided same are conveyed in writing to the purchaser and approved by him.

If the manufacturer feels that this his standard equipment for any items would be more

suitable and economical that what is specified here, he is invited to offer it as alternative.

However complete information on the items must be furnished, in the tender.

In order that the tenders may receive full consideration the whole of the information asked

in the accompanying schedule and else where in this specification must be supplied by the

tender and the tenders received with incomplete information as asked for in the

specification shall be treated as incomplete and are liable for rejection. In case the

provision of any of the clauses of the general conditions of the contract appended with this

specification are at variance with these stipulated in special conditions of the contract of

this specification, the provisions as contained in the special conditions of the contract shall

apply only.

2. SECURTY DEPOSIT AND PERFORMANCE GUARANTEE

A security Deposit will be refunded after the performance guarantee period of 12 months

after commissioning at site. Same will be release after specified period by deducting the

amount of expenses if any towards maintenance and repairs during guarantee period.

35


3. COMPLETENESS OF CONTRACT :

All fittings, accessories or apparatus which may not have been specifically mentioned but

which are usual or necessary in the equipment of similar plant or for the efficient working

of the plant shall be deemed to be included in the contract and shall be provided by the

contractor without any extra charges. All plants and apparatus shall be complete in all

details, whether such details are mentioned in the specification or not.

4. LIMITS OF CONTRACT

The supplier shall be entirely responsible for executing the contract in all respects in

accordance with the terms of the enclosed specifications and the conditions of the contract

notwithstanding any approval which the representative of the purchaser might have given

on the detailed drawings and scheme given by the contractor or by his sub-contractor or of

materials or other parts of the wok involved in the contractor or his sub-contractor or by the

representative of the purchaser.

Though the contractor's scope of supply shall be normally limited to the items scheduled in

the contract specification, the scope of supply can be changed by the Engineer. "Power to

vary or omit work" of the General conditions of the contract. All such items must be

complete in themselves in all details whether mentioned or not.

In case of any difference, the decision of the Engineer of Department will be final and

binding on the contractor.

5. DESIGN AND INTERCHANGABILITY

The contract work shall be designed to ensure satisfactory operation in which continuity of

service is the first consideration and to facilitate inspection, cleaning and repairs. All

apparatus supplied shall also designed to ensure satisfactory operation under the

atmospheric condition prevailing at site and under such sudden or serve circuit of

Mechanical equipment, failure of mechanical equipment or sudden stoppage of supply to

the plant.

All apparatus, connections and cabling shall be designed and armed to minimize the risk of

fire and any damage which might be caused in the event of fire.

The design shall incorporate very reasonable precaution and provisions for the safety and

convenience of all those concerned in the operation and maintenance of the contract works

and of associated work supplied under other contracts.

All connections and contract shall be of the ample section and surface for carrying

continuously the specified anticipated currents without under heating and shall be secured

by bolts or set screws of ample size fitted with lock nuts or lick washers of approved type

36


lock nuts shall be used on connection carrying current.

All apparatus shall be designed to obviate the risk of accidental short circuits due to

animals, birds, ants, vernines and small lizards.

Corresponding parts should be made to gauge and shall be interchangeable wherever

possible throughout the contract works. When required by the Engineer the contractor shall

prove this quality by actually interchanging the various parts.

6. INSURANCE

a) The contractor, shall unless otherwise specified by the Engineer, insure the plant and shall

keep it insured against destruction or damage by fire, earth quake, flood, storm under to the

weather of through riot, civil commotion war or rebellion, theft for the full value of the

plant and materials until the plant is taken over.

b) Contractor shall take out necessary insurance policy/ policies so as to provide adequate

insurance cover for execution of the awarded contract work from the Director of Insurance,

Maharashtra State, Mumbai- 400 051 only. it’s postal address for correspondences “264”

MHADA, Opp Kalanagar, Bandra (E) Mumbai- 400 051 (Tel No 6438403) (Mix) 643861/

6438690. Insurance policy/ policies taken out from any other company will not be

accepted.

However if the contractor desire to effect insurance with the local office of any insurance

company. the same should be under the coinsurance cum servicing arrangements approved

by the contractors is not on co-insurance basis- (G.I.F 60% and insurance company 40%)

approved by the Government insurance Fund the same will not be accepted and the amount

of premium calculated by the Director of insurance will be recovered directly from the

amount payable to the contractors for the executed contract work which may be noted.

The insurance for the equipment shall be effected by the contractor with Government

insurance fund on behalf of the Department covering the risks towards handling, transit,

storage at site, retransporting upto place of erection erecting testing and commissioning of

the equipment at site. The contractor shall take the policy in the name of the consignee of

the Contractor for further operation. The insurance shall be full and shall cover any loss or

damage in accordance with what is said above. The damaged materials will be set right of

replaced by the contractor free of cost. The claims arising out of the composite insurance

policy shall be dealt with or handled by the contractor at his own cost after receipt of

preliminary damage/ loss intimation given by the Government.

The insurance for the working crew equipments shall be effected by the contractor with he

Govt. insurance authority covering the risks awards handling transit, storage at site,

retransporting up to place of erecting, erecting testing and commissioning of the equipment

at site, the contractor shall take the policy in the name of the consignee of the Department.

37


The insurance policy then will be assigned to the contractor for further operation. The

insurance shall be full and shall cover any losses damage insurance of the "General

Condition" of the contract for plant, machinery and manufactured equipment" and erection

works. The damaged materials will be set right or replaced by the contractor, free of cost.

The claims arising out of the "Composite Insurance Policy" shall be dealt with or handled

by the contractor at his own cost after receipt of preliminary damage/ loss intimation given

to the contractor by the purchaser.

7. GUARANTEE

The contractor shall guarantee among other things are following.

a. The quality and strength of materials used

b. Performance figures specified by the tender in the schedule of guaranteed particulars

c. Safe Mechanical and mechanical stress on all parts under several conditions of operations.

d. To cover the provisions mentioned in clause No. 1 of this section

e. The performance guarantee for the replaced and/or repaired items shall

be valid for the un-expired period of the original guarantee or for one

year form the date on which the replaced and/or repaired item is put into

satisfactory operations, whichever is more

8. RIGHT TO OPERATE UNSATISFACTORY ARTICLES, MATERIALS, AND

SUPPLIES :

Till the expiry of performance guarantee period if the operation or use of the articles of

supplies proves to be unsatisfactory to the purchaser, the purchaser shall have the right to

operate and use the articles, materials and supplies can be taken out of service with

effecting the running and operation of the plant for making the correction of latent defects,

errors of omission by the contractor without any extra cost.

9. MATERIALS AND WORKMANSHIP

All materials used in the manufacturing of equipment and accessories shall be of the

highest class and shall be capable of satisfactory operation under tropical and humid

atmospheric conditions. Unless otherwise specified they shall comply with the

requirements laid down in the latest edition of the appropriate Indian standard

specification. Where the I.S. Specification covering the materials in question has not been

published the standard of the American society for testing materials (ASTM) shall be

followed. The workmanship shall be of the highest grade and the entire construction shall

38


be in accordance with the best modern practice.

If any materials which the contractor wishes to use are not covered by the above

specification of if the contractor wishes to deviate from the above specification, he shall

state the execute nature of deviation. He shall further submit to the Engineer for his

approval complete specification of the materials he propose to use quoting any available

standard specification or authority.

All parts shall be made accurately to standard gauge to facilitate replacement and repairs.

All special appliances necessary for erection at site shall be supplied by the contractor

without and extra cost and shall be become the property of the Department.

The entire work shall be carried out in a through workman like manner and shall be highest

class, well finished and of approved manufacturing, practice notwithstanding any

omissions in these specifications or drawings.

The entire design shall be capable of withstanding the severest stresses likely to occur in

actual service during the occurrence of earthquake trimmer and of resisting rough handling

during transport and erection.

10 FAILURE TO MEET THE PERFORMANCE

In the event of any articles, materials, supplies being found to be defective in the quality of

materials and/or workmanship or do not otherwise meet the requirements of this

specification or if there are errors, omission, on the parts of the contractor.

a) DEFECTS DISCLOSED PRIOR TO TAKING OVER

The defects that are disclosed prior to taking over the plant shall be corrected by the

contractor, without extra charge for dismantling and reassembling of the equipment in

order to remedy the defect.

b) DEFECTS DISCLOSED AFTER TAKING OVER

Any latent defects not disclosed before the date of taking over of the apparatus and

equipment but disclosed within performance guarantee period shall be corrected promptly

by the contractor entirely at his expense. The work of dismantling the damaged parts and

installing the new parts may be carried out by the Department at the option of the Engineer

and actual cost thereof would be recovered from the contractor.

11. ADDITIONAL STRUCTURES AND EQUIPMENT

The contractor shall when ordered in writing by the Engineer, perform extra work and

furnish extra materials not covered by the specification and conditions of contract. But

forming an inseparable part of the work contracted for and shall be paid extra for all such

39


works at the rates and terms to be mutually agreed upon.

12. STANDARDS

The equipment shall conform in all respect to the latest editions of the relevant Indian

Standards except so far as they are modified in these specifications. Wherever the Indian

standard does not exist, the relevant British Standard would apply.

13. TRANSPORT:

The contractor shall be responsible for any damage to the equipment during transport to

site. It is presumed that the contractor has acquainted himself fully regarding the

limitations of size and weight of the packages which can be transported over the different

routes. All parts of the equipment shall be designed in such a way that the transport

restrictions on weight and size of the packages are properly observed. Each case shall be

clearly marked (making shall be communicated to the successful tender) and shall contain

a detailed packing list. Care shall be taken to ensure that the mode of packing is acceptable

to the Insurance authorities and suitable for transport under the conditions of the road and

railways existing up to site, where the equipment has to be installed.

14. CO-OPERATION WITH OTHER CONTRACTORS

The contractor shall exchange freely all necessary drawings, dimensions and other

information required under intimations to the purchaser, with other contractor of various

Mechanical, Mechanical equipment's to ensure complete and proper designs and

manufacture of tendered equipment.

Co-operation shall also be maintained amongst the constructions during installation, testing

and commission of the equipment.

In case of difference of opinion among the contractors the matter shall be referred to the

Engineer-in-charge of the project whose decision shall be final and binding on the

contractors.

15. WORKS CONTRACT

This contract will be treated as individual works contract.

16. PRICE ESCALATION :

Price escalation/variation will not be applicable

17. GUIDELINES TO CONTRACTOR

40


i) The work site about 15 K.M. approximately from Nanded city

18. ACCEPTABLE MAKES

All the materials are to be provided should be confirming to relevant IS and as directed by

the Engineer-in-charge. List of acceptable makes is enclosed in the Annexure, no other

make will be accepted other than specified in Annexure.

19. DRAWINGS:

The contractor shall prepare and furnish detail drawings, of in consultation with the

departmental Engineers as per requirement of execution of work at site and should

obtained prior approval of Engineer-in-charge before carrying out work

20. TEST CERTIFICATE (Not applicable)

21. All welding work under this tender must be carried out by Qualified welder having

certificate of welding trade from Govt. recognized I.T.I. / C.T.I.

22. Price Variation : - Not applicable.

23. Payment of Running account bills: - Payment of bills will be paid monthly /

on submission of R.A. Bills to the extent of availability of funds for the work

under this contract. In case this can not be adhered to due to inadequacy of funds, the

contractor shall continue the work without any claim for compensation. The bills will be

paid as soon as sufficient funds become available.

24. Jurisdiction of court for Disputes : Disputes if any arising out of this contract

shall be subject to the jurisdiction of the court of Nanded.

25. Period of hours at work:- The work shall be done usually during the day time.

In the interest of progress if it is felt necessary to work during night, the contractor shall

obtain specific per mission of the site engineer.

26. Stipulated Period of completion of work:- The period for completion of

work is 60 days from the date of issue of work order as from the date on which

the damaged delivery pipes are made available to the contractor for repair and

strengthening work. The contractor should inform in writing completion of, work of this

delivery pipe to the site engineer. Such period required for completion of work of all 9

delivery pipes will cumulatively be counted in 60 days.

41


FORM B-1

PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS GENERAL

RULES AND DIRECTIONS FOR GUIDANCE OF CONTRACTORS

DEPARTMENT : IRRIGATION DEPARTMENT

CIRCLE : MECHANICAL CIRCLE, NANDED.

DIVISION : VISHNUPURI PUMP HOUSE DIVISION, NANDED

1 All works proposed to be executed by contract shall be notified in a form of invitation to

tender pasted on a board hung up in the office of Executive Engineer and signed by the

Executive Engineer.

This form will state the work to be carried out as well as the date of submitting and

opening tenders, and the time allowed for carrying out the work, also the amount of the

security deposit to be deposited by the successful tenders and the percentage, if any, to be

deducted from bills, it will also state whether a refund of quarry fees, royalties, Octroi dues

and ground rents will be granted. Copies of the specifications, designs and drawings and

estimated rates, scheduled rates and other documents required in connection with the work

shall be signed by Executive Engineer for the purpose of identification & shall also be

open for inspection by contractors at the office of the Executive Engineer during office

hours.

Where the works are proposed to be executed according to the specifications recommended

by a contractor and approved by a competent authority on behalf of the Government of

Maharashtra such specification with designs and drawings shall from part of the accepted

tender.

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

separately by each partner thereof, or in the absence of any partner, it

shall be signed on his behalf by a person holding a power of attorney

authorizing him to do so.

2

[A]

[I] The contractor shall pay the along with the tender the sum of Rs. 2,907/- (Two

Thousand Nine Hundred Seven Only/-) as and by way of earnest money. The contractor

may pay the said amount either in cash or forward along with the tender for the said

amount in shape of term deposit receipt for a period of one year for the said amount drawn

on any Schedule Bank for the amount in favor of the Executive Engineer The said amount

of earnest money shall not carry and interest what so ever

[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 condition of General conditions of Contract.

42


[iii] If, after submitting the tender, the contractor withdraws his offer or modified the same,

or if after the acceptance of his tender the contractors fails or neglect to furnish the balance

of security deposit without prejudice to any other rights and powers of the Government

hare under 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 deposit by

the contractor shall, unless it is forfeited under the provisions of sub-clause [iii] above be

refunded to his on his passing receipt thereof,

3. Receipt for payments made on account of any work, when executed by a firm should also

be signed by all the partners except where the contractors, are described in their tender as a

firm, in which case the receipt shall be signed in the name of the firm by the partners, or

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 rate specified in Schedule B [memorandum showing items

of work to be carried out is willing to undertake the work' Only one rate or such percentage

on all the estimated rates / Scheduled rates shall be named. Tenderes which proposed

anyalteration 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, of any sort, will

be liable to rejection. No printed form of tender shall include a tender for more than one

work, but contractors who wish to tender for two or more works, they should submit

separate tender for each. Tenders shall have the name & number of the work to

which they refer, written outside the envelope.

5. The Superintending Engineer Mechanical Circle Nanded or his duly authorized Assistant

shall open tenders in the presence of contractor who have submitted tenders or their

representatives who may be present at the time, and he will enter the amount of the several

tenders in a comparative statement in a suitable form. In the event of a tender being

accepted the contractor shall, for the purpose of identification, sign, copies of the

specifications and other documents mentioned in Rule-1. In the event of tender being

rejected the Divisional Officer shall authorized the Treasury officer 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 to dispose off the tenders shall have the right of rejecting all or any

of the tenderers.

7. No receipt for any payment all edged 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

43


by the P.W.D./ Irrigation 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 complete and delivers his tender.

9. All works shall be measured by standard measure and according to the rules and customs

of Irrigation Department without reference to any local custom.

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

item in this contract

11. DELETED

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

13. The measurements for work will be taken according to the usual method in use in the

Department and no proposals to adopt alternative methods will be accepted. The Executive

Engineer’s decision as to what is the usual method in use in the Irrigation Department will

be final.

14. 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.

a) If Government Machinery is available and the Contractor desired to have it for work on the

project it may be hired to him subject to the rate and hires charges that may be laid down

by the Govt. from time to time during the currency to the tender.

b) No security deposit will be taken from the contractor so long, as the machinery is worked

by the Department staff and under entire control of Department and is not handed over to

the contractor at all for operation of work by his crew and the charges for the use of

machinery are levied on plant our basis.

c) The machinery should be worked only, where the Departmental staff is confident to use

safely a never in difficult situation and dangerous spots.

d) The recovery of plant hours charges will be immediately made through the next R.A. Bill.

15 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 and the assessment year, and a valid income tax clearance certificate.

16. 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 the execution of the work contracted for.

17. The contractor will have to construct shed for storing controlled and valuable materials

issued to him under Schedule “A” of the agreement at work site, having double locking

arrangement. The materials will then be taken for use in the presence of the Departmental

person. No material will be allowed to be removed from the site of work.

44


18. The contractor shall also give a list of machinery in there possession and which they

propose to use on the work.

19. The contractor should submit the following documents.

a) Statement of works in hand with cost of remaining part of each work.

b) Statement showing the list of works executed by the contractor in the interior, backward

and hilly areas during five years.

c) Upto date Income Tax Clearance Certificate.

20. The contractor should produce a certificate of Registration as approved contractor in the

appropriate category and the renewal of such registration with date of its expiry.

21. Successful tenderer will have to produce to the satisfaction of the accepting authority 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 tender will be

liable for withdrawal and earnest money will be forfeited to Government.

45


TENDER FOR WORKS

I/We hereby tender for the execution for the Governor of Maharashtra [herein

before and here in after referred to as “Government”] of the work specified in the

underwritten memorandum within the time specified in such Memorandum [in

figures as well as in words] percent …………………………………. Below / above

the estimated rates entered in Schedule “B” [memorandum showing items / work to

be carried out ] & in accordance in all respects with the specifications, designs,

drawings and instruction in writing referred to in rule I here of and in clause 1 2 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” here to.

MEMORANDUM

A] General Description

Name of work : Maintanance to V L

Gates by removing old cardium

compound and applying new

cardium compound of Gate No 1 to

18 @ SCVP

B] Estimated cost Estimated cost Rs : 2,90,650/-

C] Amount of earnest money to be

deposited shall be in accordance with the

provision of Paras 206 and 207of the

M.P.W. Manual

Earnest money Rs : 2,907/-

D] This deposit shal be in accordance

with paras 213 & 214 of M.P.W.

Manual. (Earnest Money)

D] Security deposit 5% : 14,533/-

1] Cash (Not less than the amount of ear-

nest money) 2% initial

Rs. 5,813/-

2] To be deducted from current bill

Rs.8,720/-

Total Rs. 14,533/-

E]

Percentage if any to be deducted from so

as to make up the total amount required

as security deposit by the time half of the

work as measured by the cost is done

5%

E] This percentage where no security

deposit is taken will vary from 5% to

10% according to the requirement of the

base. Where security 5% deposit is

taken, see note to clause No.1 of

conditions of contract.

F] Time allowed for the work from the date F]Give schedule where necessary

46


of written order to commence. showing date by which the various items

are to be completed Three Month

Calendar months Including Monsoon

I/We agree that this offer shall remain open for acceptance for a minimum period of

90 days from the date fixed for opening the same and there after until it is

withdrawn by me/us by notice in writing duly addressed to the authority opening

the tenders and sent by registered post acknowledgement or otherwise delivered at

the office of such authority.

Treasury/Bank Challan No………………………………………………….

Dated…………………………….. Deposit at Call .…………………Receipt No.

………….. Date………………………………………… in receipt of the sum of Rs in

words…………………………………………………………………………….

representing the Earnest money is herewith forwarded. The amount of Earnest

Money shall not bear interest and shall be liable to be forfeited Government, if I/We

fail to 9i) 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 time (d) of the memorandum

contained in paragraph 1 above within the time limit, laid down in clause (1) of the

annexed general conditions of the 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 there of 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 sould any occasion for forfeiture 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 meutioned above or (ii) Sign and complete the contract document 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 (1) of the annexed

General Conditions of contract the amount payable by me/us at the option of the

Engineer, be recovered out of the amount deposited in lump-sum for securing

exemption in so far the same may extend in terms of the laid bond and in the event

of the deficiency out of any other moneys which are due or payable to me/us by the

Board under any other contract or transaction of any nature whatsoever otherwise.

4. Should this tender be accepted I/We agree to abide by and fulfill all the terms &

47


provisions of the conditions of contract annexed hereto so far as applicable and in

default there of to forfeit and pay to the Govt. the sums of money mentioned in the

said conditions.

Contractor Signature of contractor before

submission of tender

Address Dated the Day of 20

[Witness] ** Signature of Witness to

Contractor's Signature.

[Address & Occupation]

The above tenderis hereby accepted by me for and behalf of the Governor of

Maharashtra

Dated Signature by whom accepted

Dated Day of

48


CONDITIONS OF CONTRACT

Clause 1 to 59

CLAUSE NO.1 : Security Deposit

The person/persons whose tender may be accepted [herein after called the contractor which

expression shall unless excluded by or repugnant to the context include his hires, executors,

administrators and assigns] shall [A] within 10 days [which may be extended by the

Superintending Engineer, concerned up to 15 days] if the Superintending 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 made up the full security

deposit specified in the tender or [B] [Permit Government at the time of making any

payment to him for work done under the contract to deduct such as will amount to

………………………………… 5% […………..of all moneys so payable such

deductions to be 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 contemn plated at

[A] above, then and in such case, if the sum so deposited shall not amount to 5% percent of the

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 the contract to make up the full amount of

………………….. 5% [ …………….. percent] by deducting 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 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 there from 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 by reason of any such deduction or sale as aforesaid the contractor shall within ten

days there after make good in cash or Govt. securities endorse as aforesaid any sum or which

may have been deducted from or raised by sale of his security deposit or any part thereof.

The 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

in writing.

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

49


security deposit lodged by a contractor shall be refunded along with the payment of the final

bill if the date upto 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 returned along

with the payment of the final bill. The amount of security deposit retained by the Government

shall be release after expiry of period upto which the contractor has agreed to shown in

good order. In the event of the contract of failing neglecting to complete rectification of

work within the period upto which the contractor has agreed to maintained in the work in

good order than, subject to provisions of clause 17 and 20 thereof the amount of security

deposit retained by Government shall be adjusted towards the excess cost incurred by the

department for rectification work.

NOTE : This will be the same percentage as that in the Tender.

CLAUSE NO.2 : Compensation for delay

The time allowed for carrying out the work as entered in the tender shall be strictly

observed by the contractor and shall be reckoned from the date on which the order to

commence work is given to the contractor. The work shall through out the stipulated period

of the contract be preceded, with all due diligence [time being deemed to be the essence of

the contract on the part of the contractor] and the contractor shall pay as compensation as

amount equal to one percent or such smaller amount as the Superintending Engineer [whose

decision in writing shall be final] may decide, of the amount of the estimated cost of the

work as shown by the Tender every day that the work remains uncommented, or unfinished

after the proper date, And further to ensure good progress during the execution of the work,

the contractor shall be bound in all cases in which the time allowed for any work exceeds

one month to complete.

PERIOD AMOUNT OF WORK TO BE DONE

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



full of the work in full of the time

and abide by the programme of detailed progress laid down by the Executive Engineer

NOTE : (The quantity of the work to be done within a particular time to be specified above

shall be fixed and inserted in the blank space kept for the purpose by officer competent to

accept the contracts after, taking in to consideration the circumstance of each case).

The following proportion will usually be found suitable : In of the time

50


REASONABLE PROGRESS OF EARTH WORK (Value of work) of the total value of the

work to be done.

REASONABLE PROGRESS OF MASONRY

In time in time in time of the total value of work to be done.

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

provision of this clause shall not exceed 10 per cent of the estimated cost of the work as

shown in the tender.

CLAUSE NO.3 : Action when whole of security deposit is forfeited

In any case in which under any clause or clauses of this contract the contractor shall have

tendered himself liable to pay compensation amounting to the whole of his security deposit

[whether paid in one sum or deducted by installments or in the case of abandonment of

work owing to serious illness or death of the contractor or any other cause, the Engineer-in-

charge on behalf of the Government of Maharashtra shall have power to adopt any of the

following courses as he may deem best suited to the interests of Government.

a) To rescind the contract (for which rescission notice in writing to the

contractor under the hand of the Executive Engineer, shall be

conclusive evidence) and in that case 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 incurred on tools and plant and charges of additional

supervisory staff including the cost of work charge establishment employed for getting the

un-executed part of the work completed and crediting him with the value of the work done

departmentally in all respects 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 the cost and other allied expenses so incurred and as to the value of work so

done departmentally shall be final and conclusive against the contractor.

c) The order that the work of the contractor be measured up and to take such part thereof as

shall be unexecuted out of his hand, and give it to another contractor to complete in which

case all expenses incurred the cost of work charged establishment and cost of the work

executed by the new contract agency will be debited to the contractor and the value of the

51


work done or executed through the new contractor shall be credited to the contractor in all

respect under the terms of his contract. The certificate of Executive Engineer as to all the

cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted

work so done by the new contractor and conclusive against the contractor.

In the case of the contract shall be rescinded under sub-clause [a] above the contractor shall

not be entitled to recover of be paid any sum for any work therefore actually performed by

him under this contract unless and until the Executive Engineer shall have certified in

writing the performance of such work & the amount payable to him in respect thereof and

he shall only be entitled to be paid the amount so certified. In the vent of either of the

courses referred, to in sub-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 however or

from his security deposit or the sale thereof provided however, that 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 & allied expenses

provided, always that whichever of the three courses mentioned in sub-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 advance on account of or with a view of the

execution of the work of the performance of the contractor.

CLAUSE NO.4 : Action when if any particular portion of the work days is unsatisfactory

If the progress of any particular portion of the work is unsatisfactory the Executive

Engineer shall not withstanding that the general progress of the work is in accordance with

the conditions mentioned in clause 2, be entitled to take action under clause 3 (b) after

giving the contractor ten days notice in writing The contractor will have no claim for

compensation any loss sustained by him owing to such action

CLAUSE NO.5 : Contractor remains liable to pay compensation if action not taken

under clause 3 & 4.

Power to take possession of or require removal of or sale contractor's

plant.

In any case in which any of the power conferred upon the Executive Engineer by Clause 3

& 4 thereof shall have become exercisable and the same shall not have been exercised, the

non exercise thereof shall not constitute a waiving of any of the condition here of and such

powers shall not withstanding be exercisable in the event of any future case of default by

52


the contractor for which under any clause or clauses here of he is declared liable to pay

compensation amounting to the whose of security deposit and the liability of the contractor

for past and future compensation shall remain unaffected. In the event of the Executive

Engineer taking action under sub-clause [a] or [c] of clause-3, he may if he so desires, take

possession of all or any tools, plant, materials and stores, in or upon the work or the site

thereof or belonging to the contractor, or 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 rate 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 the contractor or his

clerk of the work foreman or other authorised agent required him to remove such tools,

plant materials, or stores to 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 contractors expenses or sale them by auction or private

sale on account of the contractor and at his risk in all respects, and the certificate of the

Executive Engineer as to the expenses of any such removal and the amount of the proceed

and expenses of any such sale shall be final and conclusive against the contractor.

CLAUSE NO. 6 : Extension of times

If the contractor shall desire an extension of the time for completion of work on the grounds

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 expiry 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 ever and with prior

approval of tender accepting authority may, if in his opinion, there was reasonable ground

for granting an extension grant such extension as he thinks necessary. The decision of the

Chief Engineer in this matter shall be final.

CLAUSE NO.6 A:

In case of delay in landing over the land required for the work due to unforeseen causes the

contractor shall not be entitled for any compensation whatsoever from Government on the

ground that the machinery or labour way for certain period remain idle contractor may

however apply for extension of time limit which may be granted on the merit of the same.

The contractor will not have any claim in case of delay by the department of removal of

trees or shifting arising removing of telegraph or Mechanical lines [over head or under

ground] or other structure, if any which may come in the way of work However suitable

53


extension can be granted to cover such delay.

A] EXTENSION OF TIME LIMIT : However Executive Engineer, obtain prior approval of

accepting authority of tender i.e. Superintending Engineer/Chief Engineer before intimating

the contractor the decision in respect of grant of extension

B] LEVY OF COMPENSATION : Superintending Engineer shall be the final authority in

this respect, irrespective of the fact that the tender is accepted by the Chief

Engineer/Superintending Engineer/Executive Engineer/or Assistant Engineer, Deputy

Engineer.

CLAUSE NO.7 : Final Certificate

On completion of the work the contractor shall be furnished with a certificate by the Executive

Engineer of such completion, but such no certificate shall be given not shall work be

considered to be completed until the contractor shall have removed from the premises on

which the work shall have been executed all scaffolding surplus materials and rubbish and shall

have cleaned off, the dirt from all wood work, doors, windows, walls floor or other parts of

any building or upon which the work as been executed, or of which he may have a had

possession for the purpose of executing the work not until the work shall have been

measured by the Engineer-in-charge, the said measurements being binding and conclave

against the contractor. If the folding surplus materials and rubbish and cleaning of dirt on

before date fixed for the completion of the work the Engineer-in-charge may at the expense of the

contractor remove such scaffolding surplus materials and rubbish and dispose off the same

as he think fit and clear of reach dirt, as aforesaid and the contractor shall forth with pay the

amount all expenses be incurred, but shall have no claim in respect of any such scaffolding or

surplus materials as aforesaid except for any sum actually realised by the sale there of

CLAUSE NO.8 : Payment on Intermediate Certificates to be regarded as advances

No payment shall be made for any work, estimated to cost less than rupees One Thousand till

after the whole of work shall have been completed and a certificate of completion given. But

in the case of works estimate to cost more than rupees. One Thousand, the contractor shall

on submitting a monthly bill thereof, be entitled to receive payment proportionate to the part

of the work then approved and passed by the Engineer-in-charge whose certificate of such

approval and passing of the sum so payable 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 Engineer-in-charge from requiring any bad, unsound,

imperfect unskillful work to be removed or taken away and reconstructed or re-erected, not

shall nay such payment be considered as an admission of the due performance of the

54


contractor or any part there of it any respect or the occurring of any claim, not shall it

conclude, determine, or affect in any other way the powers of the Engineer-in-charge as to

the final settlement and adjustment of the accounts or otherwise, or in any other way vary of

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 measurements and of the total amount payable for the work shall be final and binding on

all parties.

CLAUSE NO.9 : Payment at reduced rates on account of items of work not accepted

as completed to be at the discretion of the Engineer-in-charge

The rates for several items of works estimated to cost more than Rs.1000/ - agreed to within,

shall be valid only when the item concerned is accepted fully in accordance with the

sanctioned specifications, In cases where the items works are not accepted as so completed

the Engineer-in-charge may make payment on account of such items at such reduced rates as

he may consider reasonable in the preparation of final of a account bills.

CLAUSE NO.10 : Bills to be submitted monthly

A bill shall be submitted by the contractor each month, on or before date fixed by the

Engineer-in-charge for all work executed in the previous month and Engineer-in-charge

shall take or cause to be taken the requisite measurement for the purpose of having the

same verified and claim, so far as it is admissible, shall be adjusted, if possible within 10

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 respect.

CLAUSE NO. 11 : The Bills to be on the Printed Form

The contractor shall submit all bills on printed forms to be had on application at the office of

the Engineer-in-charges The charges to be made in the bills shall always be entered at the

rates specified in the tender or in the bill shall always be entered at the rates specified in the

tender or in the case of any extra work ordered in pursuance of these condition, and not

mentioned or provided for in the tender, at the rates herein after provided for such work.

CLAUSE NO.12 : Store Supplied by Government

If the specification of estimate of the works provides for use of any special description of

materials to be supplied from the store of the Irrigation Department of it is required that

55


the contractor shall use certain stores to be provided by Engineer-in-charge [such

materials and stores and the prices to be charged therefore as hereinafter mentioned being so for

as practicable for the convenience of the contractor but not so as in any way to control the

meaning or effect of this contract specified in the schedule or memorandum hereto annexed]

the contractor shall be supplied with such materials and stores as may be required from time

to time to be used by him for the propose 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 of the proceeds of sale thereof if the security deposit is held in

Government securities, the same or a sufficient portion thereof shall remain the absolute

property of Government and shall on no account be removed 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 the completion or termination of the contract

shall be returned to the Irrigation Department store, if the Engineer-in-charge so required by a

notice in writing given under his hand, but the contractor shall not be entitled to return any

such materials except with consent or the Engineer-in-charge and he shall have no claim for

compensation on account of any such material supplied to him as aforesaid but remaining

unused by him or for any wastage in or damage to any such materials

CLAUSE NO.12 A

All stores of controlled materials supplied to the contractor e.g. steel, cement, etc. by

Government shall be kept by the contractor under lock & key and they will be accessible for

inspection by Engineer-in-charge or his authorised agent, at all times

CLAUSE NO. 13 : Work to be Executed in accordance with specifications drawings,

order etc.

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

and workman like manner and both as regard, materials and in every other respect in strict

accordance with specific exactly fully and faithfully to the design drawings and instruction in

writing relation to the work. Signed by the Engineer-in-charge and lodged in his office and to

which the contractor shall be entitled to the have access for the purpose of inspection at such

office, or on the site of work during office hours. The contractor will be entitled to receive

three sets of contract drawings and working drawing as well as one certified copy of the

accepted tender along with the work order free of cost. Further copies of contract drawings

and working drawings if required by him, shall be supplied at the rate of Rs. 200/- per set of

contract drawing and Rs. 25/- per working drawing expt where otherwise specified.

56


CLAUSE NO.14 : Alteration in specification and designs not be invalidate contract :

Rates for works not entered in estimate for Schedule of Rates of the

District.

The Engineer-in-charge shall have power to make any alteration or additions to the original

specifications, drawings designs and instructions that may appear to be a necessary or

admissible during the progress of the work and the contractor shall be bound to carry out

work in accordance with any instructions in this connection which may be given to him in

writing by Engineer-in-charge & such alteration should 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 contractor on the same condition in all respects on

which he agreed to do the main work and at the same rates as are specified in the tender for

the main work. 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 of rates of the Division prevailing at the time when extra item cropped

up or at the rates mutually agreed upon between the Engineer-in-charge and the contractors

which ever are lower, if the additional or altered work for which no rate is entered in the

Schedule of rates of the Division is ordered to be carried out before the rates are agreed upon

then the contractor shall, within seven days of the date or receipt by him of the order to carry

out the work, inform the Engineer-in-charge of the rate which it is his intention to charge for

such class of work, and if the Engineer-in-charge does not agree to this rate he shall be

notice in writing be at liberty to cancel his order to carry out such class of work, and arrange to

carry out in such manner as he may consider advisable, provided always that the contractor

shall commence work or incur any expenditure in regard thereto before the rates shall have

been determined as lastly there in 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 date

of the determination of the rate as aforesaid according to such rates as shall be fixed by the

Engineer-in-charge. In the event of dispute, the decision of the Superintending Engineer of

the Circle will be final

Where, however, the work is to be executed according to the design and drawings and

specification 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 time in consequence of the additions or alterations

The time limit for the completion of the work shall be extended in the proportion that the increase

in its cost occasioned by alteration or addition bears to the cost of the original contract work,

and the certificate of the Engineer-in-charge as to such portion shall be conclusive

57


CLAUSE NO.15 : No Claim to any Payment or compensation for alteration or

restriction of work

1] If at any time after the execution of the contract documents the Engineer shall for any

reason whatsoever [other than default on the part of the contractor for 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 any part of the work should not

be carried out 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 forth with suspend or stop the work wholly or

in parts as required, after having due regard to the appropriate stage at which the work

should be sloped or suspended so as not to cause any damage or injury to the work already

done or endanger the safety there of provided that the decision of the Engineer as to the stage

at which the work or any part of it could be have been safely 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 pursuance 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 a continuous period

exceeding 90 days the contractor shall be at liberty to withdraw from the contractual

obligations under the contract so for 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 or the said

period of 90 days of such intention and requiring the Engineer to record the final

measurements of the work already done and to pay the 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 this contract. On receipt of such notice the Engineer shall

proceed to complete the measurements and make such payment as be finally due to the

contractor within a period of 90 days from the receipt of such notice in respect of the work

already done by the contractor to any further compensation under the remaining provision of

this clause.

3] Where the Engineer-in-charge require 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 resumption or 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 account of his having had to pay the

salary wages of labour engaged by him during the said period of suspension, provided always that

the contract 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

58


any other default on his part. The decision of the Engineer-in-charge in this regard shall be final and

conclusive against the contractor.

IN THE EVENT OF

1] Any total stoppage of work on notice from the Engineer-in-charge under sub-clause [1] in

the behalf:

2] Withdrawal by the contractor from the contractual obligation to complete the remaining

unexecuted work under sub-clause [2] on account of continued suspension of work for a

period exceeding 90 days.

Or

3]

Curtailment in the quality of item or items originally tendered on account of any alteration

omission or substitutions in the specifications drawings and designs or instruction under sub

clause 14 [1].

Where such curtailment exceeds 25% in quantity and the value of the quantity curtailed

beyond 25% at the rate for the items specified in the tender is more than Rs. 500/- 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 obligations under the contract on

account of the continued suspension of work or [iii] notice under clause 14 [i] resulting in

such curtailment to produce the Engineer-in-charge satisfactory documentary

evidence that he had purchased or agreed to purchase material for use in the contract work

before receipt by him of the notice of stoppage, suspension or curtailment and require the

Government to take over on payment of such material at the rates determined by the

Engineer -in charge.

The Government shall thereafter take over the material so offered provided that quantities

offered are not be excess of the requirement of the unexecuted works as specified in the accepted

tender and are of quality and specification approved by the Engineer-in-charge.

CLAUSE NO.15 [A] : No Claim to compensation on account of loss due to delay in

supply of material by Government

The contractor shall not be entitled to any compensation from, Government for the loss

suffered by him on account of any delay by Government in the supply of materials entered

in Schedule "A" where such delay is caused by

I. Difficulties relating to supply of railway wagons,

II. Force measure,

III. Act of God

IV. Act of enemies of the state or any other reasonable cause beyond the control of

59


Government.

In the case of such delay in the supply of material 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 the circumstances of the case. The decision of The Chief

Engineer/Superintending Engineer as to extension of time shall be accepted as final by the

contractor

CLAUSE NO.16 : Time Limit for unforeseen Claim.

Under no circumstance whatever shall the contractor be entitled to any compensation from

Government on any account unless the contractor shall have submitted a claim in writing to

the Engineer-in-charge within one month of the cause of such claim occurring

CLAUSE NO.17 : Action and Compensation Payable in case bad work

If any time before the security deposit or any part thereof is refunded to the contractor it

shall appear to the Engineer-in-charge or his subordinate in charge of the work that any

work has been executed with unsound, imperfect or unskillful workmanship or with

materials of inferior quality, or that any materials or articles provided by him for the

execution of the work are unsound or of a quality inferior to that contractor for, or are other

wise not in accordance with the contract, it shall be lawful for the Engineer-in-charges to

intimate this fact in writing to the contractor and then notwithstanding the fact that the

work, materials or articles complained of may have been inadvertently passed, 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 provide 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 the re-executed work or

remove and replace the materials or articles complained of as the case may be at the risk and

expense in all respects of the contractor should the Engineer-in-charge consider that any

such inferior work or materials as described above may be accepted or made use of it

shall be within the discretion to accept the same at such reduced rates as he may fix

therefore.

CLAUSE NO. 18 : Work to be open to Inspection

60


Contractor or Responsible Agent to be present.

All words under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Engineer-in-charge and his

subordinates, and the contractor shall at all times during the usual working hours, and at

all other times at which reasonable notice of the intention of the Engineer-in-charge or this

subordinate to visit the works shall have been given to the contractor, either him self be

present to receive orders and instruction or have a responsible agent duly authorised in

writing present for that purpose order given to the contractor's duly authorised agent shall be

considered to have the same force and effect as if they had been given to the contractor

himself.

CLAUSE NO.19 : Notice to be Given before Work is covered Up

The contractor shall give not less than five days notice in writing to the Engineer-in-charge

or his sub-ordinate in charge of the work before covering up or otherwise placing beyond the

reach of measurements any work in order that the same may be measured, and correct

dimension thereof taken before the same is so covered. up or placed beyond the reach

of measurements and shall not cover up place any work without the consent in writing of

Engineer-in-charge or his subordinate in charge of the work, and If any work shall be

covered up or placed beyond the reach of measurement without such notice having been

given or consent obtained the same shall be uncovered at the contractor's expenses 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 NO.19 [A]:

The contractor shall be liable to pay the expenses of providing medical and to any workman,

Who may suffer any injury as accident at or near to the work site whether on duty or off duty

or and whether such accident taken place on a holiday or working days. It shall be opened to the

Government to incur the requisite expenditure for providing such medical aid and to recover

the same from the contractor. Certificate of the Executive Engineer as to amounts of

expenses actually incurred on providing such medical aid shall be final and conclusive

against the contractor

CLAUSE NO.20 : Contractor Liable for Damage Done and for Imperfections

If during the period of 12 months from the date of completion as certified by the Engineer-

in-charge pursuant to clause-7 of the contract or 12 months after commissioning the work

whichever is earlier in the opinion on the Executive Engineer, said work is defective in only

61


manner whatsoever the contractor shall forthwith on receipt of notice in that behalf from the

Executive Engineer, duly commerce execution and completely carry out at his cost in every

respect all the work that may be necessary for rectifying and setting right the defects

specified therein including dismantling and reconstruction of unsafe portions strictly in

accordance with and 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 therefore in the said notice & / or to

complete the same 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 and expenses sustained or incurred by the Government of

which the certificate of the Executive Engineer shall be final and binding on the Contractor

such costs, charges and expenses shall be deemed to be arrears of the 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 & land renewed The Govt. shall also be entitled to

deduct the same form any amount which may then be payable or which may therefore become

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 NO.21 : Contractor to any Supply Plant, Ladders Scaffolding etc. :

The contractor shall at his own cost all material [except such special materials if in accordance

with the contract, be supplied from the Department Stores], plants Tools, appliance

implements, ladders carriage scaffolding and temporary work requisite or purpose for the

proper execution of the work whether in the original, altered or substituted form and

whether included in the specifications, or other documents forming part of the contract or

referred to in these conditions or not and which may be necessary for the purpose for

satisfying, or which he is entitled to require together with carriage thereof to & from the

work. The contractor shall also supply without charge the requisite number of persons with the

means and materials necessary for the purpose for satisfying, or which he is entitling to require

together with carriage thereof to & 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 outworks, and counting, weighing and assisting in the measurement of

examination at any time and from time to time of the work of the materials. Failing the same

may be provided by the Engineer-in-charge at the expense of the contractor and the expenses

may be deduced from any money due to contractor under the contract from his security

deposit or the proceeds of sale thereof or of a sufficient portion there of The contractor shall

62


provide all necessary fencing and lights required to protect the public from accident, and

shall also be bound to bear the expenses of defense of very suit, action or other legal

proceedings that may be brought by any person for injury sustained owing to neglect of the

above precautions, and to pay any damages and costs which may be awarded in any such

suit, action or proceedings to any such person, or which may with the consent of the

contractor be paid for compromising any claim by any such person list of machinery in

contractors possession and which they propose to use on the work should be submitted along

with the tender.

CLAUSE NO. 21 A : And is Liable for Damage arising from non-provision light fencing etc

The contractor shall provide suitable scaffolds and working platform, Gangways and

stairways comply with the following regulation in connection therewith

A) Suitable scaffolds shall be provided for workmen for all works which cannot be safely done

from a ladder or other means.

B) A scaffolds shall not be constructed, taken down, or substantially altered except:

i) Under the supervision of a competent and responsible person and

ii) As far as possible by competent workers possessing adequate experience in this

kind of work

C) All scaffolds and appliances connected there with and all ladders shall

i) be of sound material,

ii) be of adequate strength having regard to the loads and strain 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 in consequence of

normal use

E) Scaffolds shall not be overloaded and so far as practicable the load shall be evenly distributed.

F) Before installing lifting gear on scaffolds special precautions shall be taken to ensure the

strength and stability of the scaffolds

G) Scaffolds shall be periodically inspected by a competent persons

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 full with

the regulations herein specified.

I) Working platforms gangways and stairways shall be so constructed that no part there of

63


can sag unduly or unequally

i) Be so constructed and maintain having regard to the prevailing, conditions as

to reduce as for as practicable risk of persons tripping or slipping and.

ii) Be kept free from any un-necessary obstruction

J) In the case of the working platform, gangways or working places and stairways at a height

exceeding 1.5 meters

i) every working platform and every gangways shall be closely boarded unless

other adequate measured are taken to ensure safety.

ii) every working platform, gangway shall have adequate width and,

iii) every working platform, Gangway working place and stairways shall be

suitably fenced.

K) Every opening in the flood of a building or in working platform shall, except for the time

and to the extent required to allow the excess or parson or the transport of shifting of

materials, be provided with suitable means to prevent the fall of persons or materials

L) When person are employed on a roof where there is a danger of falling from a height

exceeding 5 meters suitable precaution shall be taken to prevent the fall of persons or

materials.

M) Suitable precautions shall be taken to prevent persons being stuck by articles which night

fall scaffolds or other working places

N) Safe means of access shall be provided to all working platform and other working places

O) The contractor will have to make payments to be labours as per Minimum Wages Act.

CLAUSE - 21 B :

The contractor, shall comply with the followings regulations as regards for hoisting

appliances to be used by him

a] Hoisting machines and tackle, including their attachments, anchorages and sup ports shall :

i) be of good mechanical construction, sound material and adequate strength and

free from patent defect and

ii) be kept in good repairs and gin good working order

b] Every rope used in hoisting or lowering materials by as a means of suspension shall

be of 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 & before use and be re-examined in position at intervals to be prescribed by the

64


Government.

d) Every chain, ring hook shackle swivel and pulley block used in hoisting or lowering

materials or as mean of suspension shall be periodically examined

e) Every crane driver or hoisting appliance operator shall be properly qualified

f) No person who is below age of 18 years shall be in control of any hoisting machine

including any scaffold which, or give signals to the operator.

g) In the case of every chain, ring, hook, shackle, swivel & pulley book used in hoisting or

lowering or as a means of suspension the safe working load shall be ascertained by adequate

means

h) Every hoisting machine and all gear referred to in the 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 7 above shall be

loaded beyond the safe working load except for the purpose of testing.

k) Motors, gearing, transmissions, Electric wiring and other dangerous part of hoisting

appliances, shall be provided with efficient safeguards

l) Hoisting appliances shall be provided with such means as well reduce for a minimum the

risk of the accidental descent of the load

m) Adequate precautions shall be taken to reduce to a minimum the risk of any part of a

suspended load becoming accidentally displaced.

CLAUSE NO.21 C

The contractor shall have to make payment to the laboureres as per minimum wages act

1948.

CLAUSE NO.22: Measure for prevention of fire

The contractor shall not set fire to any standing jungle, trees, brushwood or grass without a

written permit from the Executive Engineer, When such permit is given and also in all cases

when destroying our or dug up trees brush wood, grass etc. by fire, the contractor shall take

necessary measure to prevent such fire spreading to or otherwise damaging surrounding

property. The contractor shall make his own arrangements for drinking water for the labour

employee by him and to provided other sanitary arrangements.

65


CLAUSE NO.23 : Liability of Contractor for and damage in of out side work area

Compensation for all damage done intentionally or unintentionally by contractor's labour

whether in or beyond the limits of Government property including and damage causes by

the spreading of fire mentioned in clause 22 shall be 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 or appeal shall be final & 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 if the manner prescribed in clause-1 or

deducted by the Engineer-in-charge from any sums that may be due or became due from

Government to the contractor under this contract or otherwise

The contractor shall bear the expenses of defending any action or other legal proceeding

that may be brought by any person for injury sustained by him owing to neglect or

precautions to prevent the spread of fire and he shall pay any damages and cost that may be

awarded by the court in consequences.

CLAUSE NO.24 : Employment of Labour

The employment of female labourers on works in the neighborhood of soldiers barracks

should be avoided as possible.

CLAUSE NO.24 A : Employment of Female Labour

The contractor shall employ the labourers from the nearest employment exchange

CLAUSE NO.25: Work on Sundays

No work shall be done on a Sunday without the sanction in writing of the Engineer-in-

charge.

CLAUSE NO.26 : Work not to be Sublet. Contract may be rescinded forfeited for

subletting it without a approval or for bribing a Public

The contractor shall not assigned or sublet without the written approval of the Engineer-in-

charge, and if the contractor shall assign or sublet his contract or attempt to do so or become

insolvent or commence any proceedings to get himself adjudicated on insolvent or make

composition with his creditors, or attempt so to do or if bribe, gretnity, gift, loan perquisite,

reward or advantages any officer or if contractor becomes insolvent pecuniary or

otherwise shall either directly or indirectly be given, promise or offered by the contractor, or

any of his servants or agents to any public officer or person in the employment of Government

in any way relating to his office or employment or if any such officer or persons shall become in

66


any way directly or indirectly interested in the contract.

The Engineer-in-charge may there upon by notice in writing rescinded the contract, and the

secur4ity deposit of the contractor shall thereupon stand forfeited and be absolutely at the

disposal of Government and the same in on sequence shall ensure as if the contract had

been rescinded under clause-3 thereof and in addition the contractor shall not be entitled to

recover or be paid for any work thereof actually performed under the contract

CLAUSE NO. 27 : Sum Payable by way of compensation to be considered as reasonable

compensation without reference to actual loss.

All sums payable by a contractor by way of compensation under any of these conditions shall be

considered as a reasonable compensation to be applied to the use of Government without

reference loss or damage sustained whether any damage has or has not been sustained.

CLAUSE NO. 28 : Change in the Constitution affirm to be modified :

In the case of tender by partners any charge in the constitution of from shall be forthwith

notified by the contractor to the Engineer-in-charge for his information.

CLAUSE NO.29 : Works to be under direction of Superintending Engineer :

All works to be executed under the contract shall be executed under the direction and

subject to the approval in all respects 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.

CLAUSE NO.30 [1] : Decision of Superintending Engineer be final

Except where otherwise specified in the contract and subject to the powers delegated to him

Government under the Code rules then in force the decision of the Superintending Engineer of

circle for the time being shall be final, conclusive and binding on all parties to the contract

upto all questions relating to the meaning of the specifications, designs, drawings and

instructions, herein before mentioned and as to the quality of working ship or materials used

on the works or as to any other question claim, right, matter or thing whatsoever, if any way

arising out of, or relating to the contracts, designs, drawings specifications, sentimates,

instruction, order or these conditions, or otherwise concerning the work, or the execution, or

failure to execute the same whether arising, during the progress of the work or after the

completion or abandonment thereof.

67


CLAUSE NO.30 [2]:

The contractor may within thirty days of receipt by him of any order passed by the

Superintending Engineer or the circle as aforesaid, appeal against it to the Chief Engineer

concerned with the contract work or project, provided that.

a) The accepted value of the contract Rs. 10.00 Lakhs (Rupees Ten Lakhs)

b) Amount of claim is not less than Rs. 1.00 Lakhs (Rupees One Lakhs)

CLAUSE NO.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, Irrigation Department, who if convinced

that prima-facie the contractor claim rejected by Superintending Engineer/Chief Engineer is

not frivolous and that there is some substance in the claim of contractor as would merit a

detailed examination and decision by the standing committees shall put up to the standing

committee of Government level for suitable decision

CLAUSE NO.31 : Stores of European, American, Manufacture to be obtained from

Government

The contractor shall obtain from the Department stores all stores & articles of European or

American Manufacture which may be required for the work, or any part there of in

making up any articles required therefore or in connection therewith unless he has

obtained permission in writing from the Engineer-in-charge to obtain permission in writing

from the Engineer-in-charge to obtain such stores and articles elsewhere.

The 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 Form "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 NO.32

When the estimate on which a tender is made includes lump sum in respect of the part of

the work. The contractor shall be entitled to payment in respect of the item of the work

involved or the part of the work in question at the same rate 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

68


Engineer-in-charge capable of measurement, the Engineer-in-charge any at his discretion pay

the 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 regard to any

sum or sums payable to him under the provision of this clause

CLAUSE NO. 33 Action Where no Specification

In the case of any class of work for which there is no such specification as is mentioned in

rule 1 such work shall be carried out in accordance with Divisional specification than in

such case the work shall be carried out in all respects in accordance with the instruction and

requirements of the Engineer-in-charge. Relevant I.S.S. of available shall apply as directed by

the Engineer in-charge.

CLAUSE NO.34 : Definition of Work

The expression "work" or "work" where used in these conditions, shall unless there by

something in the subject or context repugnant to such construction, be considered 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 NO.35 : Contractor's Percentage, whether applied to net or Gross Amount of Bill.

The percentage referred to in the tender shall be deducted from/ added to the gross of the

bill before deducting the value of any stock issued.

CLAUSE NO.36 : Refund of Fees and Royalties

All quarry fees, royalties, octroi dues and ground rent for stacking material, if any should

be paid by the contractor

CLAUSE NO. 37 : Compensation Under the Workman's Compensation Act. :

The contractor shall be responsible for and shall pay any compensation on this workman

payable under the workmen's compensation Act, 1923 [VII of 1923] [hereinafter called the

said act, for injuries caused to the workman] If such compensation is payable/paid by

Government as principal under sub section [1] of section 12 of the said Act on behalf of the

contractor, it 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.

CLAUSE NO.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

69


are incurred by Government the same shall be recoverable from the contractor forth with and

be deducted without Prejudice to any other remedy of Govt. from any amount due or that

may become due to the contractor.

CLAUSE NO.37 [B]

The contractor shall provide all necessary personal safety equipment and first aid

apparatus available for the use of persons employed on the site, shall maintain the same in

conditions 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 out in proximity to any place where there is a risk of drowning

all necessary equipment shall be provided and kept ready for use and all necessary steps

shall be taken for the prompt rescue of any person in dander.

c) Adequate provisions shall be made for prompt first aid treatment of all injuries likely to

be sustained during the course of the work

CLAUSE NO.37 [C]

The contractor shall duly comply with the provision of "The Apprentices Act 1961" [iii] of

1961 the rules made there under and the order that may be issued from time to time under

the said Act and the Rules and on his failure or neglect to do so he shall be subject to all

liabilities and penalties provided by the said Act and said Rule".

CLAUSE NO.38 : Claim for Quantities Entered in the Tender or Estimate

Quantities shown in the tender are approximate and no claim shall be entertained for

quantities of work executed being either more or less than those entered into the tender or

estimates.

[1] Quantities in respect of the several items shown in the tender are approximate and no revision

in the tendered rate shall be permitted in respect of any of the items so long as, subject to

any special provision contained in the specifications prescribing a different percentage of

permissible variation in the quantity of the item does not exceed the tender quantity by more

than 25 percent and so long as the value of the excess quantity beyond this limit at the rate of

the item specified in the tender is not more than Rs. 5,000/-.

[2] The contractor shall if ordered in writing by the Engineer so to do also carry out any

70


quantities in excess of the limit mentioned above in sub-clause (i) hereof on the same

conditions as and in accordance with the specifications in the tender and the rates (ii)

derived from the rates entered in Current

Schedule of Rates and in the absence of such rates (iii) at the rates prevailing in the market the

said rates being increased or decreased as the case may be by the percentage which the total

tendered amount bear to the estimated cost of the works as put to tender based upon the

Schedule of Rate applicable to the year in which the tenders were invited, (for the purpose of

operation of this clause, the cost shall be taken to be as arrived at as per

DSR……………….for …………………….District.

[3] Claim arising out 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 rate of item specified in the tender is more than Rs. 5,000/-.

[4] There is no charge in the rate if the excess is less than or equal to 25% Also there is no

change in the rate if the quantity of work done is more than 25% of the tendered quantity but

the value of excess work tendered rate does not exceed Rs. 5000.00 (Rupees Five Thousand

Only)

[5] The clause comes in to operation if the excess in quantity is more than 25% at the same

time value of the item due to excess beyond 25% exceeds Rs.5000/-.

CLAUSE NO.39 : Employment of Famine etc. Labour

The contractor shall employ and femine, convict or other labour of a particular kind or class if

ordered in wiring to do so by the Engineer-in-charge.

CLAUSE NO.40 : Claim for Compensation for delay in starting the work.

No compensation shall be allowed for any delay caused in the starting of the work on account

of acquisition of land or in the case of clearance work, on account of any delay in

according sanction to estimate

CLAUSE NO.41 : Claim for compensation for delay in the execution of work

No compensation shall be allowed for any delay in the execution of the work on account of

water standing in borrow pits of compartments. The rates are inclusive for hard or cracked

soil excavation in mud, sub soil, or water standing in borrow pits & no claim for an extra

rate shall entertained unless otherwise expressly specified.

71


CLAUSE NO.42 : Entering upon or commencing any portion of Work

The contractor shall not enter upon any portion of work except with the written authority and

instructions of the Engineer-in-charge or his subordinates-in-charge of work, failing such

authority the contractor shall have no claim to ask for measurement

CLAUSE NO.43 : Minimum age of person employed the employment of donkey and/ or

other animals, and the payment

i] No contractor shall employ and person who is under the age of 18 years.

ii] No contractor, shall employ donkeys or other animals with breaching or string or thin ropes.

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 Engineer-in-charge or his agent is authorised to remove from the work any person or

animal found working which does not satisfy these conditions and no responsibility shall be

accepted by Government for any delay caused in the work by such removal

v] The contractor shall pay wages as per minimum wages Act to the workmen employed by

him in the contract under taken by him in the event of any dispute arising between the

contractor his workmen on the grounds that the wages paid are not fair and reasonable the

dispute shall be referred without delay to the Executive Engineer, who shall decided 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 conditions 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 workers engaged on large work in urban areas

vii

]

All contractor should take precaution against accidents which take place on account of

labourers using loose garments while working near machinery

CLAUSE NO.44 : Method of Payment

Payment to contractor shall be made by cheque drawn on any Treasury within the Division

convenient to them provided the amount exceed Rs.10 an amount not exceeding Rs. 10 will

be paid in cash.

CLAUSE NO.45 : Acceptance of conditions compulsory before tendering for work

Any contractor who dose not accept these condition shall not allowed to tender for works

72


CLAUSE NO.46 : Employment of Scarcity Labour

If Government declares a state of scarcity or main exist in village situated within 10 miles of

the work, the contractor shall employ upon such parts of the work, as are suitable for

unskilled labour, any person certified to whom by the Executive Engineer or be any person

to whom the Executive Engineer may have delegated this duty in writing 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.

CLAUSE NO.47

The price quoted by the contractors shall not in any case exceed the control price, if any,

fixed 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 ordinance, 1943 as amended from time to time. If the price

quoted exceeds the controlled price quoted on the price permissible under Hoarnin and

profiteering prevention ordinance, the contract will specifically mentioned this fact in his

tender along with reasons for quoting higher price. The purchaser at his decision shall in such

case exercise the right of revision the price at any stage so as to conform with the controlled

price on the permissible limit 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 NO.48 TAX

The tendered rates shall be exclusive of GST.

CLAUSE NO.49

In case of material 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 of the purpose of sales tax and the sale tax will be recovered on such sale.

CLAUSE NO.49 A

Contractors should note that recovery at penal fate of twice the issue rate will be affect if the

contractor do not return the surplus materials and the sales tax and income tax will also be

recovered from them.

73


CLAUSE NO.50

The contractor shall employ the unskilled labour to be employed by him on the said work

only from locally available labours and shall give preference to those person enrolled

under Maharashtra Government Employment Department's 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 requirement of unskilled the labour from outside the above scheme

CLAUSE NO.50 [ A]

The contractor should as far as possible obtain the requirement of labour skilled and

unskilled from the nearest employment exchange.

CLAUSE NO.51

The contractor is are bound to pay the labours as per the minimum wages Act 1948

applicable to zone in accordance to the orders is used in Government in P.W.D. Circular

No. NWA 10 dated 4.12.1958. Any change in the type of zone shall got entitle the

contractor any claims

CLAUSE NO.51 [A]

As there may be difficulty in obtaining certain materials in the open market with a view

to facilitate the contractor the Government will supply the materials specified in Schedule

"A" of tender from at the rates stated there in as required by the Contractor. As the

supply of such materials by the department may take time the contractor is therefore

requested to keep himself in touch with the day to day position regarding the supply of

such materials from Engineer-in-charge and water the progress of the work

accordingly. It should be in any way liable on account of any delay in the supply of

such materials by the Department.

CLAUSE NO.52

All amount whatsoever which the contractor is liable 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 here under by the Government to the contractor [ii] Their

charges in respect of Heavy plant machinery & requirement given on hire, by the Govt.

to the contractor for execution shall be deemed to arrears of land revenue and the

74


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 NO.53

The contractors are bound to pay the labour skilled and unskilled as per the minimum

wages Act. 1948 applicable to zone in accordance to the orders issued in Government in

the P.W.D. Circular No. NWA-O dated 5.12.1958, Any differentiation in the type of

zone shall not entitled the Contractor any claim

CLAUSE NO.54

The successful tenderers will be required to produce to the satisfaction of the specified

concerned authority a valid and consequent license issued in favour under the provisions of

the contract labour (Regulation and Abolition) Act, 1970 before starting the work. On

failure to do so, the acceptance of the tender should be liable to be withdraw and also

Earnest money

The contractor shall duly comply with the provision of the Contract Labour (Regulation

and Abolition) Act 1970 (37 of 1970) and Maharashtra Contract Labour (Regulation and

Abolition) Rules 1971 as amended from time to time and all other relevant status and

statutory provision concerning payment of wages particularly to workman employed by

the contractor and working on the site of the 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 neglect to pay wages at the said rates or makes 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 amount so paid by the Government to such workers shall be

arrears of land Revenue and from the Government shall be entitled to recover the same as

such from the amount payable by the Government.

CLAUSE NO.55

Where the workers are required to worker machine and are liable to accident they should not

be allowed to wear loose cloths, like Dhoti, Jahabba etc

CLAUSE NO.56:

The contractor shall comply with provisions of the Apprentices Act 1961 and the rules and

orders issued there under from time to time The fails to do so his failure will be a breach of the

contractor 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

75


him of the provision of the Act.

CLAUSE NO.57

In view of the difficult position regarding the availability of the Foreign-exchanges, no foreign

exchange will be released by the Deptt. for the purchase of the plant and machinery required for

the execution for the work contracted.

CLAUSE NO.58

The tendered rates shall be inclusive of all taxes, rate and casses and shall also be inclusive of

the tax Leviable in respect of works contract under the provision of the Maharashtra Sales

Tax on transfer of property in goods involved in the execution of works contract Act 1985

[Maharashtra Act No. XIX of 1985].

CLAUSE NO.59 :

a The anti-malarial & other health measures shall be as directed by the Joint Director

(Malaria Filria) of Health Service Pune.

b Contractor shall see that mosquito genic conditions are not created so as to keep vector

population to minimum level.

c Contractor shall carry out anti-malarial measures in area as per guidelines prescribed under

National Malaria Eradication programme and as directed by the Joint Director (MQF) or

Health Services, Pune.

d In case of default in earring out prescribed ant malarial measures resulting in increase in

malaria incidence, contractor shall be liable to pay to Government the amount spent

by the Government on ant malarial measures to control the situation in addition to fine.

e Relation with public Authorises. The contractor shall make sufficient arrangement for drawing

away the sullage water as well as water coming from the bathing and washing place and shall

dispose off this water in such a way as not to cause a by nuisance he shall also keep the

premises clean by employing sufficient number of sweepers

The contractor shall comply with all rules, regulations, bye-laws and direction given from time to

time by any local or Public authority in concerned with this work and shall pay fees or charges

which are leviable on him without any extra cost to Government Addition clause turn over

Tax] Vide Government in the Public Works Department Circular No. CTA/1086/CR-

330/Didg-2 dated 10th June 1987)

76


SCHEDULE – “A”

APPLICABLE FOR WORKS COSTING LESS THAN RS. 100 LAKHS

Schedule showing (approximately) the material to be supplied from the date store for the

work contracted to be executed and the rates which they are to be charged for

Sr.

No

Particulars Quantity Rates at which the material will

be charges to the Contractor

Place of

Delivery

Unit Rate

Antistripping agent : i) Antistripping Agent shall be supplied at store ii) Contractor shall maintain the record of daily consumption of the material for

each item executed.

NOTE : 1) The person or firm submitting the tender should see that the rates in

the above schedule are filled up by the Executive Engineer-in-charge on the issue of this

from prior to the submission of the tender.

77


ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

1) GUARANTEE PERIOD.

As per Clause No.28 page No.21 and Clause No.2 Page No.25 Guarantee period will be 12

Months and motor running hours minimum 1000 Hours.

2) TEST REPORTS.

The contractor have to submit all necessary routine and special / type test reports at

Factory and test reports at site during testing and commissioning in triplicate to this office.

3) If required the necessary minor repairing work of job should be carried out by the

contractor without any extra cost.

4) All necessary safety measures, precaution etc during dismantling the gates should be taken

by the contractor and at his own risk.

5) For dismantling gates all necessary required skilled / unskilled staff, measuring and testing

equipment tools, tackles, cranes etc. should be arranged by the contractor.

78


SCHEDULE 'B' Name of Work :- Maintanance to V L Gates by removing old cardium compound

and applying new cardium compound of Gate No 1 to 18 @ SCVP

Sr.

No. Qty

Item of Work Unit Rate Amount

1)

17

Maintanance by Cleaning old cardium

compound and applying New carrdium

compound to Wire Rope having Dia 36 mm

and 176 mtr long of V L gate size 15x9 mtr.

Total 17 Nos complete work with cost of

material & labour Charges @ SCVP

JOB

15630.72

265722.24

2)

1

Maintanance by Cleaing old cardium

compound and applying New cardium

compound to Wire Rope having Dia 36 mm

and 176 mtr long of V L gate size 14x11 mtr.

Total 1 Nos complete work with cost of

material & labour Charges @ SCVP

JOB

18232.61

18232.61

3)

30

Transportaion charges 4 MT cap tempo

considering one trips from Nanded to site

approx distance 15 km and back to Nanded for

material & labour transportation 15x2=30 Km

km

80.00

2400.00

Total 286354.85

Labour Welfare Cess 1% 2863.54

Insurance 0.5% 1431.77

Total Rs 290650.16

Say Rs 290650.00

( Rs. Two Lakh Ninety Thousand Six hundred Fifty Only.)

79


ANNEXURE-I

DETAILS OF OTHER WORKS TENDERED FOR AND IN

HAND AS ON THE DATE OF SUBMISSION OF THE

TENDER.

Sr.

No.

Name

of

Work

Place &

Country

Work in Hand Work tendered For Remark

Tendered

Cost

Cost of

Remaining

work

Anticipated

dt. Of

completion

Estimated

Cost

Dt.

When

decision

Stipulated

expected

dt. of

period

completion

1 2 3 4 5 6 7 8 9 10

80


ANNEXURE – II

DETAILS OF WORK OF SIMILAR TYPE AND

MAGNITUDE CARRIED OUT BY THE TENDERER IN

LAST 3 YEARS.

Sr.

No.

Name of Work Place &

Country

Tendered

cost

Time in

which

completed

Date of

Completion

Principal

Features

1 2 3 4 5 6 7

81


ANNEXURE – III DETAILS OF TECHNICAL PERSONNEL WITH THE

TENDERER

Sr.

no. Designation Name Qualification Professional

Experience

and details

of works

carried out

Remarks

1 2 3 4 5 6

82


ANNEXURE – IV

DETAILS OF OTHER WORK TENDER FOR AND IN

HAND WITH VALUE OF WORK UNFINISHED ON THE

DATE OF SUBMISSION OF TENDER.

Sr.

No.

Name of Work Place &

Country

Tendered

cost

Time in

which

completed

Date of

Completion

Principal

Features

1 2 3 4 5 6 7

83


APPENDIX'B'

DETAILS OF PLANTS & MACHINERY IMMEDIATELY AVAILABLE WITH THE TENDERER FOR USE ON THIS WORK

Sr. No. Name of equipment No. of Units Kind and Make Capacity Age&

Condition

Present Location Remarks

1 2 3 4 5 6 7 8

Note : If no machinery is available with the firm please give details how your firm will manage the same.

84


APPENDIX 'E'

DETAILS OF PLANTS & MACHINERY PROPOSED TO BE USED FOR WORK BUT NOT IMMEDIATELY AVAILABLE

Sr.No.

Name of equipment

No. of Units

Kind or Make

Capacity If Already Owned If to be

Purchased

(When

Month and

year

Remarks

Age and

Condition

Location Probable

date of

availability

1 2 3 4 5 6 7 8 9 10