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VIDARBHA IRRIGATION DEVOLPMENT CORPORATION NAGPUR 1

Contractor No. of Correction SDE Executive Engineer

For Authorized use only B -1 Tender Form

VIDARBHA IRRIGATION DEVELOPMENT

CORPORATION, NAGPUR

(A Govt. of Maharashtra Undertaking)

CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, AMRAVATI

BULDANA IRRIGATION PROJECT CIRCLE, BULDANA

MINOR IRRIGATION DIVISION, BULDANA

TENDER DOCUMENTS

VOLUME I- MAIN TENDER

VOLUME II- SPECIFICATIONS

Name of Work: - FLOOD PROTECTION WORK AT TARAPUR TA-bULDANA Dist- bULDANA

1. Estimated Cost: Rs. Rs 1906622 /- .

2. Time Limit for Completion: 04 Calendar Months.

3. Vendor Category: Class V(A) and above



I N D E X SR.NO. Particulars Page No.

1 SECTION – I (Detailed Tender Notice)

3 to 13

2 SECTION – II INFORMATION AND INSTRUCTION TO APPLICANT

3 to 13

3 e- tendering Instructions to Applicant 3 to 13

4 General information 14 to 25

5 Annexure –A 26 to 30

6 Section II B-1 Tender form 32 to 37

7 Memorandum 38 to 38

8 Annexure – B Agreement 39 to 40

9 Schedule – A 41 to 43

10 Schedule – B 44 to 44

11 Schedule – C 45 to 45

12 Month wise construction programme 46 to 46

13 Section III forms

14 Appendix – A 48 to 48

15 Appendix – B 49 to 49

16 Appendix – C 50 to 50

17 Appendix - D 51 to 51

18 Appendix – E 52 to 52

19 Appendix -F 53 to 53

20 Appendix – G 54 to 56

21 Appendix – H 57 to 60

22 Section IV condition of contract ( Clause 1 to 58) 62 to 82

23 Section V Special condition of contract 83 to 114

24 Specifications 115 to 137



SECTION 1

DETAILED TENDER NOTICE INFORMATION AND INSTRUCTION FOR TENDERS



VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, NAGPUR (A GOVERNMENT OF MAHARASHTRA UNDERTAKING)

THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, AMARAVATI BULDANA IRRIGATION PROJECT CIRCLE, BULDHANA

MINOR IRRIGATION DIVISION,

TAL : BULDANA DIST : BULDANA

SECTION-1 E-TENDER NOTICE

1.1 PRESS NOTICE:-

E-TENDER NOTICE NO. 2 /2013-14 System E - TENDER NOTICE NO. FOR 2013-14

Sealed tenders in B-1 forms (Percentage Rate Tenders) are invited by the

Executive Engineer, Minor Irrigation Division, Buldana, in a manner of the “Two Envelope

system“ online by e-tendering system from the registered contractors only.

The Blank tender forms will be available online to the contractors on payment to

Executive Engineer, Minor Irrigation Division, Buldana, By Demand Draft of Rs. 1000/-.

Contractors registered with Public Works Department, Government of Maharashtra

are hereby invited that the tender form for the following work. Contractors registered under

class V (A) and Above category, intending to tender for this work are hereby requested to

apply to the office of the Executive Engineer, Minor Irrigation Division, Buldana, Phone No.

07262 - 247979 for getting free copy of tender notice.

01. Name of Work Flood Protection work at Tarapur Ta-Buldana Dist-Buldana

02. Estimated Cost Rs. 19.07 Lakhs

03. Time Limit for Completion

04 (Calendar Months)



04. Blank tender forms shall be obtained directly online. However the requisite cost of the tender documents Rs. 1000/- and EMD Rs: 19100/- shall be in the form of D.D. drawn in favour of the Executive Engineer, Minor Irrigation Division, Buldana Dist: Buldana and same shall be submitted to the Executive Engineer, Minor Irrigation Division, Buldana on working days from Dt.11.12.2013 to Dt.26.12.2013 during office hours. It is mandatory to upload the scanned copy of the D.D. online to the portal of E-tendering system.

5 Place of receipt of certified hard copies (same as scanned copies which are uploaded on website)

Executive Engineer, Minor Irrigation Division, Buldana

6 Cost of Blank Tender Form

Rs. 1000/-

7 Issue of Blank Tender form

Online as per Key Dates

8 Pre Tender Conference

-----

9 Last Date of receipt of tender document Preparation Submission (Re-encryption)

Online as per Key Dates

10 Earnest Money Deposit

: Rs 19100/-

11 Security Deposit (Initial)

:Rs 38200/-

12 Security Deposit (From Bill)

: Rs 38200/-

13. Right to reject any tender or all tenders without assigning any reason thereof is reserved by the competent authority. 14. A set of Attested Documents required for online tendering should also be submitted at the time of opening of the tender.

Executive Engineer Minor Irrigation Division

Buldana



VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, NAGPUR (A GOVERNMENT OF MAHARASHTRA UNDERTAKING)

THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, AMRAWATI

BULDANA IRRIGATION PROJECT CIRCLE, BULDANA

MINOR IRRIGATION DIVISION BULDANA

TAL: BULDANA DIST: BULDANA

System E - TENDER NOTICE NO. 02/Year 2013-14

Online Tenders (e –tender) in B-1 form for the following work are invited by the Executive Engineer, Minor Irrigation Division, Buldana Dist: Buldana Phone No.(07262) 247979 on Government of Maharashtra Electronic Tender Management System (http://maharashtra.etenders.in) through Sub Portal of http://vidc.maharashtra.etenders.in from the contractors enrolled with the Public Works Department in appropriate class mentioned. Sr. No

Name of Work Estimated Cost in (Rs.)

Earnest Money in (Rs.)

Time Limit for

completion (Months)

Cost of Blank tender form(in

Rs.)

Class of Registration

1 2 3 4 5 6 7 1

Flood Protection Work at Tarapur Ta-Buldana Dist-Buldana

1906622/- 19100/- 04 Months (Including Monsoon)

1000/- Class V(A) and above


Buldana



2.0.0. e-tendering Instructions to Applicants

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) through Sub Portal of http://vidc.maharashtra.etenders.in. The competent authority reserves all rights of rejecting tender without assigning any reason.

2. Tender documents will be available on Government of Maharashtra website (http://maharashtra.etenders.in) through Sub Portal of http://vidc.maharashtra.etenders.in from Dt 11.12.2013 to Dt.26.12.2013.The bidder has to submit the tender documents online as per key dates mentioned below.

3. The cost of Blank tender Document is Rs. 1000/- only. It is necessary to draw the Demand Draft of Rs. 1000/- in favor of "The Executive Engineer, Mionor Irrigation Division, Buldana. '' And submit to the office of The Executive Engineer, Minor Irrigation Division, Buldana before submission date, otherwise the documents loaded on site cannot be considered for evaluation. Mention of DR number and date in payment stage of purchase document is must.

4. Only those contractors who are short listed in pre-Tender Conference stage are eligible for participating in Tender. The cost of Tender is Rs.-----/- only. It is necessary to draw the Demand Draft of Rs -----/- in favor of " The Executive Engineer, Minor Irrigation Division Buldana '' and submit it to above office on or before the date of submission.

5. It is necessary to give the undertaking as follows “Contractors are not allowed to make any changes 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 authentic and legal documents in case of any complaint about the tender.

6. It is necessary to give undertaking as follows "I have seen detailed drawings of works on website. It is part of tender documents. I have filled tender by considering all these things. I am ready to sign on the drawings before depositing security deposit and taking work order if my tender will be accepted.”

7. In order to participate in the tenders floated using the Electronic Tender Management System (ETMS), all contractors/bidders are required to get enrolled on the ETMS portal (http://mahrashtra.etenders.in)

8. The tenders submitted online should be signed electronically with a Digital

Certificate to establish the identity of the bidder bidding online. The registered



contractors has to obtain the Digital Certificate, the information required to issuance of Digital Certificate he may contact ETMS Help Desk. Phone no. 020-2531 5555

9. For submitting the tenders online, the contractors/bidders are required to make online payment using the electronic payments gateway service Bid Submission Fee Rs 1038/-. The different modes of electronic payments accepted on the ETMS are available and can be viewed online on the ETMS Website (httip://maharashtra.etenders.in).

10. The activities of Tender purchase/Download, Preparation of Bid (Submit Bid

Hash online), Submission of Bids, Submission of EMD and other Documents will be governed by the time schedules given under “Key Dates”.

11. The Bidders has to submit (Upload Scan Copies/fill) his offer/credentials online

as required in the tender documents in the online templates in relevant envelopes The Scan copy of Earnest Money details to be submitted online and original EMD need to be submitted in Physical at Executive Engineer, Minor Irrigation Division, Buldana.

12. The Bidders may refer E-Tendering Tool Kit available online to perform their online activities http://maharashtra.etenders.in



13. KEY DATES FOR E-TENDER

Seq. No.

Stages Start Expiry

Date Time Date Time

1 Tender preparation & Release NIT 09.12.13 10.00 10.12.13 18.00

2 Main Tender document Download Period 11.12.13 10.00 26.12.13 18.00

3 Main Tender Bid Preparation Technical Envelop

11.12.13 10.00 26.12.13 18.00

4 Close For Bidding & Generation of Super hash(T1)

27.12.13 10.00 27.12.13 18.00

5 Close For Bidding & Generation of Super hash(C1)

27.12.13 10.00 27.12.13 18.00

6

Main Tender Bid- Submission Period (Re-encryption)for(T1 And C1)

30.12.13 10.00 02.01.14 18.00

7 Technical opening date 03.01.14 10.00 04.01.14 18.00

8 Commercial opening date 03.01.14 10.00 04.01.14 18.00

15. The contractor shall study the guidelines regarding e-tendering to get clarify e-

tendering procedure

Note: - Tender award procedure is manually done by Department


Buldana



Special Guidelines to Contractors Regarding Government of Maharashtra e-tendering system

1. These conditions will over rule the conditions stated in the Tender Documents,

wherever relevant and applicable.

2. Registration of the Contractors:

The Contractors registered with Maharashtra in relevant Categories and Classes are eligible to participate in Open Tenders processed by Maharashtra. Contractors are required to get Enrolled on the Portal https://maharashtra.etenders.in. and get and empanelled in relevant sub portal. After submitting their enrollment request online, the enrollment shall be required to be approved by the Representative of the Service Provider. After the approval of enrollment, the Contractors shall have to apply for empanelment online which shall be required to be approved by the Nominated Authority of Maharashtra/Department. Only after the approval in the relevant Category / Class, the Contractor shall be able to participate in the Open Tenders online. Maharashtra may process OPEN Tenders in which eligible Contractors may enroll on the Portal in OPEN category to participate in such Tenders. The online Enrollment of such Contractors shall be required to be approved by the Representative of the Service Provider. The approval of enrollment of Contractors is done by the Representative of the Service Provider upon submission of mandatory documents by the Contractors. The Contractors may obtain the list and formats of required documents from the Nodal Officer of e-Tendering System for Government of Maharashtra / Service Provider.

3. Obtaining a appropriate Class III Digital Signature Certificate: The Bids required to be submitted online should be signed electronically with a appropriate Class III Digital Signature Certificate to establish the identity of the Bidder bidding online. These Digital Certificates are issued by an approved Certifying Authority, authorized by the Controller of Certifying Authorities, Government of India. A Digital Signature Certificate may be used in the name of Authorized Representative of the Organization. A Digital Certificate is issued upon receipt of mandatory identity proofs. Only upon the receipt of the required documents, a Digital Signature Certificate can be issued. Bid for a particular Tender may be submitted only using the Digital Signature Certificate, which is used to encrypt the data and sign the hash during the stage of Bid Preparation and Hash Submission. In case, during the process of a particular Tender, the Authorized User loses his / her Digital Signature Certificate (i.e.



due to virus attack, hardware problem, operating system problem); he / she may not be able to submit the Bid online. Hence, the Authorized User is advised to back up his / her Digital Signature Certificate and keep the copies at safe place under proper security to be used in case of emergencies In case of online tendering, if the Digital Signature Certificate issued to the Authorized User of a Firm is used for signing and submitting a Bid, it will be considered equivalent to a no objection certificate / power of attorney to that User. The Digital Signature Certificate should be obtained by the Authorized User enrolling on the behalf of the Firm on the e-Tendering System for Government of Maharashtra. Unless the Digital Signature Certificate is revoked, it will be assumed to represent adequate authority of the Authority User to bid on behalf of the Firm for the Tenders processed by the Maharashtra as per Information Technology Act 2000. The Digital Signature of this Authorized User will be binding on the Firm. It shall be the responsibility of Partners of the Firm to inform the Certifying Authority or Sub Certifying Authority, if the Authorized User changes, and apply for a fresh Digital Signature Certificate. The procedure for application of a Digital Signature Certificate will remain the same for the new Authorized User. The same procedure holds true for the Authorized Users in a Private / Public

Limited Company. In this case, the Authorization Certificate will have to be signed by the Directors of the Company. (process of procuring Digital Certificate will take minimum 4/5 days)

4. Set up of Computer System:

In order to operate on the e-Tendering System for Government of Maharashtra. the User’s Computer System is required to be set up. A Help File on setting up of the Computer System can be obtained from the Service Provider or downloaded from the Home Page of the Portal https://maharashtra.etenders.in. The Bidders may refer E-Tendering Tool Kit available online to perform their online activities as mentioned below. In case of any query he may contact Help Desk for the same.

5. Online Viewing of Detailed Notice Inviting Tenders: The Contractors can view the detailed Notice Inviting Tenders and the detailed Time Schedule (Key Dates) for all the Tenders processed by Maharashtra using the e- Tendering System for Government of Maharashtra on https://maharashtra. etenders.in.



6. Online Purchase / Download of Tender Documents:

The Tender documents can be purchased / downloaded by registered and eligible Contractors from the e-Tendering System for Government of Maharashtra available on https://maharashtra.etenders.in

7. Submission of Bid Seal (Hash) of Online Bids: Submission of Bids will be preceded by submission of the digitally signed Bid Seals (Hashes) as stated in the Tender Time Schedule (Key Dates) published in the Notice Inviting Tender.

8. Generation of Super Hash: After the expiry of the time of submission of digitally signed Bid Seals (Hashes) by the Contractors has lapsed, the Bid round will be closed and a digitally signed Super Hash will be generated by the Authorised Officers of Maharashtra. This is equivalent to sealing of the Tender Box

9. Decryption and Re-encryption Online Bids: Contractors have to decrypt their Bids and immediately re-encrypt their Bids online and upload the relevant Documents for which they generated the respective Hashes during the Bid Preparation and Hash Submission stage after the generation of Super Hash within the date and time as stated in the Notice Inviting Tenders (Key Dates). The Bids of only the Contractors who have submitted their Bid Seals (Hashes) within the stipulated time, as per the Tender Time Schedule (Key Dates), will be accepted by the e-Tendering System for Government of Maharashtra. A Contractor who has not submit his Bid Seals (Hashes) within the stipulated time will not be allowed to submit his Bid. For submitting the Bids online, the contractors/bidders are required to make online payment using the electronic payments gateway service Bid Submission Fee Rs 1038/- The different modes of electronic payments accepted on the e-tendering portal

10. Submission of Earnest Money Deposit: Contractors have to submit the Earnest Money Deposit in a Sealed Physical Envelope and the same should reach the Office of the concerned Official before the last Date and Time as Stated in Tender Documents. Contractors are required to keep their Earnest Money Deposit ready as the details of the Earnest Money Deposit instrument are required to be entered during the Bid Preparation and Hash Submission stage. The details of the Earnest Money Deposit shall be verified during the Tender Opening event and only those Contractors whose online Earnest



Money Deposit details shall be found matching with the physical Earnest Money Deposit instrument shall be short listed for opening of other envelopes.

11. Opening of Electronic Bids: As per Tender / Bid capacity Documents for details. 12. Key Dates:

The Contractors are strictly advised to follow the Dates and Times as indicated in the Time Schedule in the Notice Inviting Tender for each Tender. All the online activities are time tracked an the e-Government Procurement System enforces time-locks that ensure that no activity or transaction can take place outside the Start and End Dates and Time of the stage as defined in the Notice Inviting Tenders.

13. The cost incurred by applicant in preparing this offer, in Providing classifications on attending discussions, conferences, in connection with this document shall not be reimbursed/refunded by the V.I.D.C.



Section 1

1. General Information: The functions and powers of the Corporation have been listed in the Maharashtra Act XXVI of 1997. In general, it has been entrusted with the work of investigation, planning, designing of projects maintenance of completed projects, construction of projects and irrigation management of the major, medium and minor projects in the Godavari and Tapi river basin. The projects comprise multipurpose irrigation, hydroelectric projects inclusive of command area development. The projects are to be completed so as to utilize water in Godavari and Tapi basin (about 140 TMC) allocated to Vidarbha by Godavari Water dispute Tribunal Award in Godavari basin and allocated water as per Master plan of Tapi valley. During the project time slice, it is planned to improve the performance efficiency of the completed projects and to complete further ongoing and new works so as to utilize the 140 TMC water from Godavari and Tapi basin. Definition & Interpretation: In this tender document the following terms shall have the meanings hereby assigned for them except where the context otherwise requires.

(a) “Corporation” shall mean the Vidarbha Irrigation Development Corporation, Nagpur acting through its Executive Director, as defined in Maharashtra Act XXVI of 1997. Vidarbha Irrigation Development Corporation, Nagpur is a body corporate constituted under the Maharashtra Act XXVI and published in Maharashtra Government Gazette dated 28-04-1997. The head quarters of the Vidarbha Irrigation Development Corporation, Nagpur, VIDC Nagpur, for short, and hereafter referred to only as Corporation, is Nagpur. The official postal address for correspondence is : The Office of the Executive Director, Vidarbha Irrigation Development Corporation, Nagpur, Sinchan Sewa Bhavan, Civil lines, Nagpur- 440 001

(b) “Chief Engineer” shall mean Chief Engineer, Water Resources Department, Amravati. (c) “Superintending Engineer” shall mean Superintending Engineer of Circle to whom superintendence of the work is assigned by the Vidarbha Irrigation Development Corporation, Nagpur. i.e. Superintending Engineer, Buldana Irrigation Project Circle, Buldana. (d) “Engineer / Engineer – in – charge” shall mean, the Executive Engineer in charge of works duly authorized by VIDC. i.e. Executive Engineer, Minor Irrigation Division, Buldana.



(e) “Engineer’s representative shall mean the Sub-Divisional Engineer/ Assistant Executive Engineer/ Sub-Divisional Officer/ Assistant Engineer (Grade I), who has been assigned specific duties. (f) “Contractor” shall mean the person, firm or company who enters into contract, with the corporation and shall include their executors, administrators, successors and authorized assignees. (g) “Contract” shall mean and include agreement having parts as below :-

Volume I :- Detailed Tender Notice, B1 Conditions of contract Section I to V and A, B & C and specifications.

Volume II :- Specifications and Drawings. (h) “Work” shall mean the work to be executed in accordance with contract. (i) “Specifications” shall mean the specifications for material and works as specified in Part I of the contract. (j) “Drawing shall mean prints of the maps, drawings, plans and shall include all modifications of such drawings and any or all further drawings as may be issued by the Engineer-in-charge from time to time. (k) “Site shall mean the land and the other places on, under, in or through which the works are to be carried out and any other land or places provided by the Corporation. (L) “Defect(s) liability period” shall mean period of 06 months after testing / commissioning or 06 months after the completion of works whichever is later. Singular or Plural:- Words imparting the singular number shall also include the plural and vise-versa where the context requires. Headings and marginal headings:- The headings and the marginal headings in the contract are solely for the purpose of facilitating references and shall not be deemed to be part thereof or taken into consideration in the interpretation or construction thereof or the contract. ELIGIBILITY :- Blank tender papers will be issued to those contractors who will satisfy the following criteria related to the estimated cost of the work put to tender. 2.1 Contractors registered in appropriate class with Govt. of Maharashtra P.W.Department Or enrolled with V.I.D.C.Nagpur who furnish following certificates along with tender.



i) Certificate that the contractor has a registered office in the state of Maharashtra issued by registrar of companies, Maharashtra/Registrar of firms Maharashtra respectively under the Indian companies Act 1932 (amended from time to time), and in the case of sole proprietorship firm/individual contractor(s) latest valid ITCC & PWD Registration in which the name of sole proprietor firm /individual and address in the state of Maharashtra appears, supported by an affidavit to that effect. ii) Certificate of satisfactory completion in respect of at least one work executed on contract in Maharashtra during last five years issued by Executive Engineer (in charge of the work ) of Government of Maharashtra in Irrigation Department /P.W.Department /Public Undertaking. 2.2 Contactors registered in appropriate class V (A) & Above with Govt. of Maharashtra, P.W.Department and who furnish valid Certificate of Registration in appropriate class from P.W.Department of Govt .of Maharashtra. 2.2 (i) Contractor should not have more than three works in hand (contract under VIDC) if the work is 90% completed and not abandoned by contactor such work shall not counted in the above three works. (2.3) For works costing Rs 100 Lacks Blank tender forms can be downloaded from web site by those contractor who are registered in appropriate class with public works department ( Govt of Maharashtra ) or V.I.D.C. (2.4 ) A Contractors registered in appropriate class with the P.W. Department Govt. of Maharashtra & who satisfied the criteria in Para 2.1 above and who have adequate bid capacity for the work as certified by the competent authority of Vidarbha Irrigation Development Corporation, Nagpur, who furnish the certificates mentioned in that Para with the application form for assessment of bid capacity. 3. DETAILS OF WORK:- The estimated cost, earnest money deposit, class of contractors, period of completion of work and other information is given in Annexure A of this section. 4. ISSUE OF BLANK TENDER FORMS Charges for downloading the tender document: - Downloading of tender documents from web site is free of cost. However the contractors who are eligible for submission of main tender document will have to pay the cost as specified in Annexure A of this section. 5. PRE-TENDER CONFERENCE (Applicable for the works costing above Rs. 50 Lakhs) (1) Pre-tender conference open to prospective tenderers will be held in the office as stated in Annexure ‘A’ of this section, wherein the prospective tenderers will have an opportunity to obtain clarifications regarding the work and the tender conditions.



(2) The prospective tenderers are free to ask for any additional clarification either in writing or orally and the reply to the same will be given by the Chief Engineer / Superintending Engineer, in writing and these clarifications referred to as common set of conditions shall form part of tender documents and which will also be common and applicable to all tenderers. (3) The tender submitted by the tenderer shall be based on the clarification, additional facility issued (if any) by the Corporation and this tender shall be unconditional. Conditional tenders will be summarily rejected as non-responsive. (4) All tenderers are cautioned that the tenders containing any deviation from the contractual terms and conditions, specifications or other requirements and conditional tenders will be rejected as non-responsive. 6. REVISION OR AMENDMENT OF TENDER DOCUMENTS Right is reserved to revise or amend the tender documents prior to last date notified for the issue of tenders and such revisions or amendments or extensions shall be communicated to all concerned by post and by notice in the press as may be considered suitable. Tenderer shall be presumed to have carefully examined all documents, forms, statements, special conditions, schedules, drawings and specifications of contract and to have fully acquainted himself with all details of the site, his own quarries for rubble, metal, sand, earthwork, location of materials, raw/semi finished/finished bought out material and equipment etc. river and weather characteristics and Labour conditions in general and with all the necessary information and data etc. pertaining to and needed for the work prior to tendering of the work

7. MANNER OF SUBMISSION OF TENDER & ITS ACCOMPANIMENTS Tender is to be submitted in two separate sealed envelopes. The tenderer shall submit the tender and documents in two sealed envelopes as below. (a) ENVELOPE NO. 1(Technical Envelope) The first Envelope clearly marked as Envelope No. 1 shall contain the following documents. All certificates of certified copies shall be Scanned and hard copies of the certificates shall be submitted to the office of the Superintending Engineer , Buldana Irrigation Project Circle ,Buldana.

(i) EMD in the form of Demand Draft of required amount on a Nationalized / scheduled bank, (prescribed in Para 9) branch situated in the state of Maharashtra payable to the Executive Engineer as stated in 6.3 of Annexure ‘A’ of this section, shall be enclosed. Certificate of exemption for payment of earnest money shall not be accepted.



(ii) Valid registration certificates (Registered in Vidarbha Irrigation Development Corporation, Nagpur / P.W.D. Govt. of Maharashtra. )

(iii) Sale tax /VAT Registration and clearance certificate (iv) Deed of partnership of Article of Association and Memorandum of Association

for limited company, duly registered with head office in Maharashtra. (v) Details of technical personnel with tenderer VI) Details of machinery and plants (owned and otherwise) (vii) Details of work of similar types of works executed so far.

(viii) Details of other works tendered for and in hand with the tenderer. (ix) Power of Attorney. (x) Professional Tax Registration Certificate (xi) Valid solvency certificate (xii) Satisfactory work done certificate of at least one similar work of value not less

than 25 % of amount of contract, in last five years, above certificate should be issued by officer not below rank than Executive Engineer.

All documents required to be submitted in Envelope No.1 (Technical Envelop) shall be attested by Gazetted Class-I officer preferably from Irrigation or P.W.D. Govt . of Maharashtra and Scanned and upload on the online Site http://vidc.maharashtra.etenders.in to the Attached Template. If required, original copies shall be kept ready at the time of opening of tender. Tenderer are exempted from submitting the documents again if above mentioned documents are submitted at the time of prequalification. (b) ENVELOP NO. 2 (Commercial Envelope) - TENDER The second envelope clearly marked as Envelope No. 2 shall contain the main tender (vol. I) including the common set of conditions / stipulations issued by the Corporation after the pre-tender conference. A tender submitted without this would be considered as invalid. The tenderer should quote his offer in the form of percentage below or above of estimated cost given in Schedule ‘B’ Part-I, at appropriate place in memorandum of B-1 form. He should not quote his offer anywhere directly or indirectly in Envelope No. 1 failing which the Envelope No. 2 shall not be opened and his tender shall stand rejected. The contractor shall quote for the work as per details given in the main tender and also based on the common set of condition issued / additional stipulation made by the Corporation as informed to him by a letter from the Superintending Engineer, of the office as given in Annexure A of this Section, after pre-tender conference. This tender shall be unconditional. Documents as required in detailed Tender Notice, if applicable, shall also be included.



(c.) SUBMISSION OF TENDER The two sealed envelopes No.1 and 2 shall be sealed and again put together in one common cover and sealed. This sealed cover shall be marked on the left top corner, with the name of the work as stated in Annexure ‘A’ of this section. The full name and address of tenderer and the name of the authorized agent delivering the sealed cover containing tender shall be written in the bottom left hand corner. If submitted by post, the sealed envelope marked as below shall be enclosed in another cover properly addressed and shall be sent by Registered Post Acknowledgement Due. The date and time for receipt of envelope containing tender shall strictly apply in all cases. The tenderers should ensure that their tender is received by the Officer, as stated in Annexure ‘A’ of this section, before the expiry of the date and Tender offered or received after the stipulated date and time is over, will either not be accepted or if inadvertently accepted, will not be opened and shall be returned to the tenderer unopened. 8. OPENING OF TENDERS:- On the date specified in the tender notice, following procedure will be adopted for opening of tender. 8.1 ENVELOPE NO. 1 :- First of all, Envelope No.1 of the tender will be opened to verify its contents as per requirements. For the purpose of this particular contract, the tenderer shall meet the requirements as stated at Sr. No. 7 (A) above of this section. If the various documents contained in this envelope do not meet the requirements, a note will be recorded accordingly by the tender opening authority and the said tenderer’s envelope No. 2 will not be considered for further action but the same will be recorded. Decision of the tender opening authority shall be final in this regard. 8.2 ENVELOPE NO. 2:- This envelope shall be opened immediately after opening of envelope No. 1 only if the contents of Envelope No.1 is acceptable to the Corporation. The tendered percentage above or below shall then be read out. 9. INSTUCTIONS FOR SUBMISSION OF ENVELOPE NO. 1 Documents to be submitted in Envelope No. 1 shall confirm to the instructions given below. i) (a) EARNEST MONEY All tenderers shall pay entire EMD as below.

1) Rs. 19100/- (in cash as non interest bearing deposit with the Corporation. (Rs Ninteen Thousand One Hundred Only)

---OR--- 2) The tenderer may pay the entire EMD amount in the form of cash paid in the

Bank of Maharashtra Bank branch located in any of the eight districts covering the Corporation through a challan (four copies) under the Head of Account “Earnest Money Deposit, Corporation”. The tenderer shall attach one Bank of



Maharashtra receipted copy along with the tender as a proof against payment of EMD.

---OR--- 3) The tenderer may pay the EMD in the form of Corporation Cash Receipts /

Certificates or Demand Draft from Nationalized / scheduled banks in a branch situated in the state of Maharashtra, payable in the name of Executive Engineer, as stated in Annexure ‘A’. A. cheque or FDR will not be accepted.

ii) (a) SECURITY DEPOSIT. A sum as mentioned in printed B-1 tender form at Para (e) (i) of Memorandum (page No. 05) will have to be deposited in the form of Demand Draft by the contractor at the time of completing the contract documents, if his tender is accepted by the Corporation.

---OR--- The initial Security Deposit may be paid in the form of irrevocable Bank Guarantee from any Nationalized or Scheduled Bank’s branch situated in the state of Maharashtra for a period equal to the time limit plus the period of defects liability. (Clause 20 of B-1 tender form, vol. I)

---OR--- In lieu of Security Deposit mentioned above, Corporation Securities, Corporation Bonds in the prescribed form as may be approved by Corporation from time to time, standing in the name of the tenderer shall be accepted in pledged as Security Deposit in the name of the Executive Engineer as stated at Sr. No. 2.1 of Annexure ‘A’ of this section.

---OR--- The earnest money deposited by the contractor with his tender will be retained by the Corporation as part of the security deposit if tenderer requests in writing to that effect. The balance to make up this security deposit may unless otherwise specified in the special conditions, be deposited by the contractor in the form of irrevocable Bank Guarantee or cash or in the form of bonds / cash certificate of Corporation. The Security Deposit will be retained by the Corporation for the due and faithful fulfillment of the contract by the contractor. In addition to the sum as above, sums as Security Deposit will be deducted from running account bills at the rate shown at Memorandum Para (g) in B-1 (page…..) tender form to total up to a sum mentioned at Memorandum Para (e) (ii) ) in B-1 tender form. The sum of Security Deposit recovered from the running account bills, will remain in the form of cash of Corporation Securities standing in the name of the Executive Engineer. (b) ADDITIONAL SECURITY DEPOSIT. In case contractor’s offer is less than 90% or more than 110% of the updated

estimated cost as stated at Sr. No. 5 of Annexure ‘A’, additional Security Deposit in

the form of irrevocable Bank Guarantee from a Nationalized or Scheduled Bank’s

branch situated in the state of Maharashtra equal to period of contract and for an



amount equal to 10% of the difference of the contractor’s offer and 90% or 110%

whichever case is applicable of the updated cost as stated above shall be submitted

to the Engineer-in-charge at the time of completion of tender documents. Non

submission of the above said Additional Security Deposit will result into forfeiture of

the EMD. Additional Security Deposit will be refunded after expiry of the defect(s)

liability (maintenance) period as stipulated in the contract.

(iii) INCOME TAX CERTIFICATE: Income Tax is to be deducted from the sums to be paid to the contractor for the

works carried out at 2% of the gross amount, or at rate revised from time to time

and surcharge on Income Tax as per prevailing Government orders issued from

time to time.

(iv) VALUE ADDED TAX (VAT) MAHARASHTRA:

MVAT Registration Certificate under rule 8 and 9 as provided by Maharashtra Value

Added Tax Act 2005 (As per GR No. BDG – 2005 / C. No. 324 / Bldg – 2 Dt. 3 March

2006) MVAT is to be deducted from the sums to be paid to the contractor for the work

carried out at 2% of the gross amount, or rate revised from time to time, and surcharge

on MVAT as per prevailing Government orders issued from time to time.

(v) PROFESSIONAL TAX :- Certificate of registration with the Profession Tax Officer of the district in Form ‘I-A’

certificate of registration under section 5(1) and 5(2) of the Maharashtra Sales Tax on professions, trades, callings and Employment Act 1975 Form is as below.

PROFESSIONAL TAX CLEARANCE CERTIFICATE This is to certify that M/s…………………………………………… of (address of

registered dealer under the Maharashtra Govt. Tax on professions, trades, callings and Employment Act No. XVI of 1975) holding Registration Certificate No…………. and w.e.f…………………. and under section 5(1) and 5(2) respectively.

The said dealer has paid all tax dues up to 31 March 2013 (Previous year) under the Act. The dealer has paid the Professional Tax Dues for the employees mentioned below:-

Sr. No. Name of employee Designation



Sr. No. Name of owner carrying on profession status

Designation

There are no Profession Tax dues outstanding against the dealer under the Act. This certificate is valid for ONE year from the date of issue. Place: Signature Date: Profession Tax Officer.

District. It should also be made clear that the employees shall be all those who receive the wages / salaries from the tenderer and shall include the office and field staff and those operating the machinery/equipment. He should also assure that the machinery said to be deployable for the subject work is really in the ownership of the tenderer. 10. INSTRUCTIONS FOR SUBMISSION OF ENVELOPE NO. 2 Documents to be submitted in Envelope No.2 shall confirm to the instructions given below. (I) CONTRACTOR TO INFORM HIMSELF FULLY The tenderer shall be deemed to have fully acquainted himself with the work and site conditions and carefully examined the special conditions, the specifications, schedules and drawings and shall be deemed to have fully informed himself regarding the local conditions. The tenderer shall also be deemed to have fully acquainted with the various leads and lifts involved in the works and materials of construction as well as shall be deemed to have fully acquainted with his own various quarries for construction materials, their availability and adequacy etc. and shall be deemed to have fully acquainted activities and positions of the manufacture, supply of raw, semi finished, finished, bought out material and equipment etc. (II) CONDITIONAL TENDER. Conditional tenders will be summarily rejected. The tenders which do not fulfill any of the conditions of the notified requirements laid down in this detailed tender notice, the general rules and directions for the guidance of the tenders as mentioned in the B-1 form or are incomplete in any respect are likely to be rejected without assigning reasons therefore.



(III) TENDERED RATE The tenderer should quote his offer in the form of percentage above or below the rates entered in schedule “B” part I, at appropriate place in B-1 form, both in figures as well as words in English. In case there is any difference between the percentages quoted as expressed in word and in figures, the percentage as expressed in words will be taken as correct irrespective of whether it is lower or higher than that expressed in figure. No alteration in the form of tender and in schedule of quantities will be permitted. The percentage mentioned in the tender shall be taken as applying to all conditions of weather and will be inclusive of all taxes if any. The percentage should be written in words in one line only as far as possible.(Percentage of above/ Below or estimated rates shall be quoted on online only. ) (IV) QUANTITIES PUT TO TENDER The quantities given in Schedule B Part-I as put to tender by the Corporation for various items therein are approximate as some of the items of works put to tender are likely to be executed departmentally till the contract agency is fixed. Such quantities which would be executed till the fixation of contract agency will stand deducted from the quantities entered in schedule “B” at the time of completing the tender documents by the contractor. The contractor should take congnizance of this fact and no claims will be tenable on account of such reduction in quantities, there may also be variation in quantities on account of change or modifications in Designs and no claims will be tenable on account of such reduction / increase in quantities. The quantities of items on which the Corporation has carried out the work, as measured on the date of work order shall stand deducted from the quantities stipulated in schedule “B” as put to tender by the corporation for the purpose of application of the stipulation of clause 38 of conditions of contract of the tender. 11. TENDER UNITS The tender has been invited under the Metric System of measurements. The tenderer should particularly note the units mentioned in Schedule B on which rates are to be based. 12. CORRECTIONS No corrections should ordinarily be made in the tender documents. Any corrections in the entries made by the tenderer should be by crossing the incorrect portion and writing the corrected portion above and each such correction shall bear the attestation of the tenderer. 13. SIGNING OF TENDER DOCUMENTS The tender shall contain the name, residence and place of business of person or persons making the tender and each page of tender document including drawings, shall be signed by the tenderer with his full, dated signature.



The tender by partnership firm shall furnish the full names of all the partners in the forwarding letter. The letter shall be signed by the partner or by an authorized representative followed by the name and designation of the person signing. An attested copy of the partnership deed shall be furnished. Tender by Company shall be signed with the legal name of the company and signed by the person authorized to sign in the matter. Whenever, whether in the submission of the tender or later, in other matters, the signatures are made by one person on behalf of the company, the tenderer shall supply an attested copy of the Power of attorney. Witnesses shall be persons of status and probity and their names, occupations and addresses shall be stated below their signatures. All signatures shall be dated. The tender is also liable to be rejected outright if while submitting, (i) The tenderer proposes any alteration in the work specified in the tender or in the time allowed for carrying out the work / in any other conditions. (ii) Any of the pages of tender are removed and / or replaced. (iii) The percentages are not entered in ink, in figures and in words by the tenderer in B-1 form. (iv) Any erasures are made by the tenderer in the tender. (v) All corrections and additions or pasted slips are not signed by the tenderer and. (vi) Tender in the case of firm, each partner or the person holding the power of attorney authorizing him to do so thereof does not sign or the signature is not attested by a witness in B-1 form at the space provided for the purpose. 14. ACCEPTANCE OF TENDER. Acceptance of tender will rest with the authority, as indicated in Annex A of this Section, who reserves the right to reject any or all tenders without assigning any reasons. The acceptance of tender may be intimated to the contractor by letter. Such intimation shall be deemed to be an intimation of acceptance of tender. The tenderer whose tender is accepted will have to complete the contract form within 15 days of being notified to do so and shall abide by all the rules and regulations and special conditions enumerated therein or attached herewith. In the event of failure of the tenderer to sign the agreement within the stipulated time, the earnest money including additional earnest money, if any, paid by him shall be liable to be forfeited to Corporation and the acceptance of the tender shall be liable to be considered as withdrawn. In that event, the work will be awarded to next or any other contractor to whom the Corporation deems to be suitable. 15. VALIDITY PERIOD. The offer shall remain valid for a period of 90 days (Ninety days) from the date of the opening of tender, and there after until it is withdrawn by notice in writing by the tenderer,



duly addressed to the authority as stated at Sr. No. 2.10 of Annex A of this section and sent by Registered Post A.D. If the acceptance of tender is not communicated within 90 days or before and if the contractor as aforesaid withdraws the offer, earnest money paid in cash shall be refunded in full. 16. COMPLETION OF TENDER DOCUMENT While completing tender documents, the contractor must invariably complete appendices included in the tender documents giving correct information. However, this information shall have to be submitted by the contractor in the prescribed formats separately in Envelope No. 1 as per provisions of paragraph 7 of the Detailed Tender Notice. 16. (a) The payment of bills will be made as and when funds are available with VIDC. No. claim will be entertained on account of delay in payment due to paucity of funds. 17. LANGUAGE The language of all correspondence regarding this work shall be English only. 18. LICENSE UNDER CONTRACT LABOUR (REGULATION AND ABOLITION) ACT 1970 18.1 The successful tenderer should produce to the satisfaction of the competent authority accepting the tender a valid and current license issued in his favor under the provisions of contract Labour (Regulation and Abolition Act),1970 and the Maharashtra Contract Labour (R&A) Rules 1971, before signing the contract. On failure to do so the acceptance of the tender will be withdrawn and also the earnest money will be forfeited to Corporation. The contractor shall submit the certified copy of Registration Certificate under ESIC and PF Act before payment of first RA bill is made. 19 As per G.R. No. BCA/2009/PK/108 /Labor 7 A Mantralaya , Mumbai -32 Dated 17/6/2010 ,of Bill amount will be deducted 1 % for workers welfare fund.



ANNEXURE - A (A) Description of the Project

Flood Protection work at Tarapur Ta-Buldana Dist-Buldana. This flood protection work is proposed to protect Tarapur Devi Temple during rainy season from Vishvaganga River flood.

(B) STATUS OF THE PROJECT -------

(C) CLIMATIC CONDITIONS The Climatic Condition of the region is mosty dry. The temperature variation ranges from 100C to 450C

(D) SCOPE OF THE WORK. The work involves the excavation in Vishvanganga River to design section & banking to the both sides of the river. (E) INFORMATION ABOUT WORK SITE. Particulars

1. Location of work : The work site is located

near the Tarapur Village Ta-

Buldana Dist-Buldana.

2. Nearest railway station

: Malkapur on Central

Railway at distance about

50 Km from work site

3. Roads : The Site is approachable

from Motala about 25 Km

4. Nearest Telephone &

Telegraph facility.

: At Motala

5.Nearest Petrol and Diesel

Pump

: At Motala about 25 Km

6. Land Acquisition : No need of Land



1. DETAILS OF WORK.

1.1 Name of work : Flood Protection work at Tarapur Ta- Buldana

Dist- Buldana 1.2 Estimated cost put to tender

: Rs. 1906622/-

1.3 Earnest money (EMD) : Rs. 19100/-

1.4 Security Deposit : Rs. 76400/-

a) (i) Initial : Rs.38200/-

a) (ii) From R.A. Bills : Rs.38200/-

b) Additional (If required) : To be assessed and paid as per 9(ii)(b) of detailed tender notice.

1.5 Date, time and place of pre-

tender conference : : -------- Chief Engineer, Water Resources Department, and Amravati.

1.6 Class of contractor : V (A) and above

1.7 Period of completion of work : 04 months(Four Calendar months including

monsoon)

2. INFORMATION FOR OBTAINING TENDER PAPERS AND THEIR SUBMISSION

2.1 Name and address of the Executive Engineer in charge of work issuing tender papers / bid assessment forms / prequalification documents / and in whose name , earnest money/security deposit is to be pledged.

: Executive Engineer, Minor Irrigation Division Buldana

2.2 Period of issue of application forms for assessment of bid capacity / prequalification documents.

: Not applicable

2.3 Cost of application form for bid assessment forms / prequalification documents

:Not applicable

2.4 Time and date of submission of bid : Not applicable



capacity assessment forms / prequalification documents

2.5 Name and address of the officer receiving bid capacity assessment forms / prequalification documents

: Not applicable

2.6 Period of issue of blank tender forms (To be Download from the web site )

: Dt 11.12.2013 To Dt.26.12.2013

2.7 Cost of blank tender form :Download at free of cost Rs.1,000/- per set

(Rs. One Thousand per set at the time of

submission )

2.8 Extra Cost if tender papers / bid capacity / prequalification documents required by post. (for each)

:Not applicable

2.9 Time and Date of Submission of tenders

: On Dt. 30.12.2013 to 02.01.2014 Up to 18.00.

hrs.

2.10 Name and address of the officer receiving and opening the tender document.

: Executive Engineer Minor Irrigation Division Buldana

2.11 Time and Date of Opening of Tenders

: On Dt.03.01.2014 To 04.01.2014 Up to 18.00. Hrs. (If possible)

2.12 The name of authority for accepting the tender

: Executive Engineer Minor Irrigation Division Buldana Chief Engineer Water Resources, Department, Amravati

3. WORK AND SITE CONDITIONS. 3.1 Location : 50 Km. from district place i.e. Buldana

: 25 Km from Taluka place ie. Motala 3.2 Nearest railway station Malkapur on Central Railway 3.3 Roads Buldana-Malkapur State Highway 3.4 Nearest Telephone & Telegraph

facility. At Motala about 25 Km away

3.5 Nearest petrol and diesel pump At Motala about 25 Km away 3.6 Position of land acquisition No need of Land acquisition

4.0 PERIOD OF COMPLETION AND PROGRAMME OF WORK (PARA 13 to special conditions of contract) 4.1 Period of completion including monsoon period: 04 (Four) calendar months 4.2 THE CONSTRUCTION PROGRAMME IS GIVEN, BASED ON WHICH THE PHYSICAL PROGRAMME IS PREPARED. IF THE TENDERER DOES NOT AGREE



WITH THIS PROGRAMME, HE SHALL SUBMIT HIS OWN PROGRAMME WITHOUT CHANGING TOTAL PERIOD OF TENDER ALONGWITH TENDER DOCUMENTS INCLUSIVE OF THE PHYSICAL PROGRAMME, SUBJECT TO THE PROVISION THAT 50% OF THE WORK SHALL BE COMPLETED IN 50% OF THE CONTRACT PERIOD. NOTE (1) The Contractor shall submit his month wise construction programme within 15 days of the signing of contract. (2) The delay in work from the above schedule will attract the provisions of Compensation for delay vide clause 2 Conditions of Contract (B-1) form. 5.0 Updated estimated cost of the work based Upon schedule of rates for the year when Tenders were invited. : Rs. 1906622/- 6.0 EARNEST MONEY / SECURITY DEPOSIT. 6.1 EMD : Rs. 19100/-

6.2 Initial security deposit : Rs. 38200/-

6.3 If EMD / Security Deposit is as per 9(i) page No. 8 of this tender form

: Any scheduled / nationalized bank, branch situated in State of Maharashtra.

6.4 Name of Executive Engineer in charge of the work in whose name Demand Draft is to be drawn.

Executive Engineer, Minor Irrigation Division Buldana

.0 PRICE VARIATION INFORMATION (Vide Para 33 of special conditions of contract) Sr. No.

Component Centre / place Percentage

1 Labour Component ------ ------ 2 Materials Component ------ ------ 3 POL Component ------ ------

8.0 COST OF CEMENT FOR MIX VARIATION. 8.1 If the cement is procured by the

contractor (to be filled in by Contractors for works costing more than 100 Lacks)

8.2 If the cement is supplied on schedule ‘A’ (to be filled in by Contractors for works costing less than 100 Lacks)

Not applicable.



9.0: STAR RATE FOR i) Cement Rs. ------- ii) Steel Rs. ------- 9.0 Prime condition of this tender. The layout of work / works will be given as per availability of land with Corporation. Moreover, the payment of the bills will be made as per availability of funds and no claim on this account whatsoever will be entertained at any stage.



SECTION – II



FORM B-1 B-1 TENDER FORM

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS

VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, NAGPUR

CORPORATION : Vidarbha Irrigation Development Corporation, Nagpur CIRCLE : Superintending Engineer, Buldana Irrigation Project Circle,

Buldana DIVISION : Executive Engineer, Minor Irrigation Division Buldana NAME OF WORK : Flood Protection work at Tarapur Ta- Buldana Dist- Buldana

GENERAL RULES & DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS

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

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

the Executive Engineer.

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

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

earnest money to be deposited with the tender, and the amount of the security deposit to

be deposited by the successful tenderer and the percentage if any, to be deducted from

bills. It will also state whether a refund of quarry fees, royalties, octroi dues and ground

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

scheduled rates and any other document required in connection with the work shall be

singed by the Executive Engineer for the purpose of identification and shall also be open

for inspection by contractors at the office of the Executive Engineer during office hours.

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

Department such specifications with designs and drawings shall form part of the accepted

tender.

(2) In the event of the tender being submitted by a firm, it must be signed by each

partner thereof and in the event of 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.

(2A) (i) The contractor shall pay along with the tender the sum as stipulated in Annexure

‘A’ section I as and by way of Earnest Money. The contractor may pay the said amount by

forwarding along with the tender, Corporation cash receipt or Demand draft drawn on bank

and in favor of Executive Engineer as indicated in Annexure ‘A’ of detailed tender notice.



(ii) The contractor shall also enclose irrevocable bank guarantee of sum as stipulated in

Annexure ‘A’ Sr. No. 1.3.1, if his offer is less than 90% of the updated estimated cost as

stated at Sr. No. 5 of Annexure ‘A’. The said amount of earnest money shall not carry any

interest whatsoever. (iii) If after submitting the tender, the contractor withdraws his offer, or modifies the

same or, if after the acceptance of his tender the contractor fails or neglects to furnish the

balance of security deposit without prejudice to any other right and powers of Corporation

hereunder of in law, Corporation shall be entitled to forfeit the full amount of the Earnest

money and the Additional Earnest Money deposited by him.

(iv) In the event of his tender not being accepted, the amount of earnest money

deposited by the contractor shall, unless it is prior thereto forfeited under the provision of

sub-clause (iii) above, be refunded to him on his passing receipt therefor.

(3) Receipts for payments made on account of any work, when executed by a firm

should also be signed by all the partners except where the contractors as described in

their tender as ‘firm’, in which case the receipt shall be signed in the name of the firm by

one of the partners or by some other person having authority to give effectual receipts of

the firm.

(4) Any person who submits a tender shall fill up the usual printed form stating at what

percentage above or below the rates specified in Schedule “B” (Memorandum showing

items of works to be carried out) he is willing to undertake each item of the work. Only one

rate or such percentage on all the estimated rates / Schedule rates shall be named.

Tenders who propose any alteration in the work 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

shall submit a separate tender for each. Tenders shall have the name and the number of

work to which they refer, written outside the envelope.

(5) The Officer indicated in Annexure ‘A’ to section I – Detailed Tender Notice or his

duly authorized assistant shall open tenders in the presence of contractors who have

submitted tenders or their representatives who may be present at the time and he will

enter the amount of the each tender in the 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 event of tender



being rejected the competent Officer shall refund the amount of the Earnest Money

deposited by the Contractor on his giving a receipt for the return of money,

(6) The officer competent to dispose of the tenders shall have the right of rejecting all or

any of the tenders, without assigning any reason, therefore.

(7) No receipt for any payment alleged to have been made by a contractor in regard to any

matter relating to this tender or the contract shall be valid and binding on Corporation

unless it is signed by the Executive Engineer.

(8) No materials of any type required for the work shall be supplied by the Corporation. All

the work shall be executed by the tenderer with contractor’s own material(s). The

memorandum of work to be tendered for 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 or completed he shall request the said office to have this

done before he completes and delivers his tender.

(9) All the work shall be measured net by standard measure and according to the rules and

customs of the Corporation and without reference to any local customs.

(10) All corrections, additions or pasted slips should be initialed.

(11) Under no circumstances shall any contractor be entitled to claim enhanced rates for

items in this contract.

(12) The measurements of work shall be taken according to the usual methods in use in

the Corporation and no proposals to adopt alternate methods will be accepted. The

Executive Engineers decision as to what is the usual method in use in the Corporation will

be final.

The measurements shall be recorded by an authorized Engineer of the contractor. The

contractor shall obtain the authorization from Executive Engineer to his qualified Engineer

(person holding Diploma in civil / mechanical / electrical Engineering awarded by the

Director of Technical Education, Govt. of Maharashtra, or Degree in civil / mechanical /

electrical Engineering) The Executive Engineer shall be final authority in issuing

authorization to record the measurements or cancellation of the same & the Executive

Engineer’s decision shall be final. The authorization shall be for a period of one year which

is renewable annually at the discretion of the Executive Engineer. The measurements shall

be recorded in the measurement books (MB) on the basis of Field Books (FB) (for leveling

purpose) in black ink. The measurement book(s) & Field Book(s) shall be got issued from

the Executive Engineer by the authorized Engineer & acknowledged by the contractor. The

MB(s) and FB(s) shall be the property of corporation. The rules of measurements as



stipulated in the MPW Manual shall be applicable “Mutatis/Mutandis”. On completion of the

work / termination of contract the MB(s) and FB(s) shall be returned to the Corporation.

The contractor shall submit certified (certified by the concerned SDO / SDE / AE-I / AEE)

copies of the measurement sheet(s) related to the RA bill / final bill along with the RA bill /

final bill, without which his RA bill / final bill shall not be considered for payment. In the

case of loss of measurement book(s) & Field Book(s) for any reason whatsoever, while in

custody of the contractor, he shall have to pay a penalty of Rs. 10,000 /- (Ten thousand

only) per measurement book / Field Book(s)

(13) In view of difficult position regarding the availability of foreign exchange, no foreign

exchange would be released by the Corporation for the purpose of plant and machinery

required for the execution of the work contracted for.

(14) The contractor will have to construct shed for storing controlled and valuable materials

at work site, having double locking arrangement. The material will be taken for use in the

presence of Corporation’s person. No materials will be allowed to be removed from the site

of the works, without prior permission of Engineer–in–charge.

(15) Successful tenderer will have to produce to the satisfaction of the accepting authority

a valid and current license issued in his favour under the provision of Contract Labour

(Regulation and Abolition Act, 1970) before starting work, failing which acceptance of the

tender will be liable for withdrawal and earnest money will be forfeited to Corporation. The

contractor shall also submit certified copy of registration under ESIS and PF act before

payment of first RA bill is made.

(16) The layout of works will be given as per availability of land with corporation, moreover,

the payment of bills will be made as and when funds are available with V.I.D.C. No claim

will be entertained on account of delay in payment due to paucity of funds.



B-1 TENDER FORM.

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS. Name of Work:- : Flood Protection work at Tarapur Ta-Buldana Dist-Buldana

. (Total Amount put to Tender as estimated by the Corporation. Rs 1906622/-)

1) I / We hereby tender for the execution, for the Vidarbha Irrigation Development

Corporation, (here-in before and here-in after referred to as ‘Corporation’) of the

work specified in memorandum as enclosed, within the time specified in the

memorandum at the tendered rates specified in such memorandum at *In figure as

well as in words (-------------%----------------------------------) Percent below / above the

estimates rates entered in Schedule “B” (memorandum showing items of work to be

carried out) and in accordance in all respects with the specifications, designs,

drawings and instructions in writing referred to in Rule 1 hereof.

2) I / We agree that the offer shall remain open for acceptance for a minimum period of

90 days for the date fixed for opening the same and thereafter until it is withdrawn

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

and sent by registered post AD or otherwise at the office of such authority.

Details of Demand draft

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Details of Bank / Guarantee

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Or cash receipt of Corporation / Bank of Maharashtra in respect to the *Amount to be

specified * Rs. ………………………………. In words Rs. …………………………………

……………………………………………. Representing the earnest money is herewith

forwarded.

The amount of earnest money shall not bear interest and shall be liable to be forfeited to

the corporation should I / We fail to (1) abide by the stipulations to keep the offer open for

the period mentioned above and (2) sign and complete the contract documents as required

by the Engineer and furnish the security deposit and additional security deposit if any as

specified in item (e) and (f) of the memorandum enclosed within the time limit laid down in

clause (1) of Conditions of Contract. The tenderer should furnish an agreement in the

enclosed format as per Annex ‘B’ on a non -judicial stamp paper of Rs. 100/- 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 part thereof has been forfeited as

aforesaid.

(3) Should this tender be accepted, I / We hereby agree to abide by and fulfill all the terms

and provisions of the Conditions of Contract and Special Conditions of Contract included in

this booklet so far as applicable and in default thereof to forfeit and pay to Corporation the

sum of money mentioned in the said conditions.



MEMORANDUM (a) General description : Flood Protection work at Tarapur Ta-

Buldana Dist-Buldana

(b) Estimated cost : Rs. 1906622/-

(c) Earnest money (EMD) : Rs. 19100/-

(d) Additional Earnest Money (if required as specified in para 9(i) (b) in the form of Bank Guarantee

Not Applicable

(e) Security Deposit (SD)

(i) Initial (in Cash) 2 % : Rs. 38200/-

(ii) To be deducted from bills 2 % : Rs. 38200/-

(f) Additional SD : if required as specified in Para 9(ii) of

sect.-1 in the form of Bank Guarantee

Total : Rs.76400/- (g) Percentage, if any, to be deducted from bills so as to make up the total amount required as security deposit by the time, half the work as measured by the cost is done

: 4% (Four) percent.

(h) Time allowed for the work from date of written order to commence

: 04 (Four) Calendar months (including monsoon)

Signature of contractor

Address:- ……………………….

………………………………….

………………………………….

Dated………..day of……….201

Signature of Witness

Address:- ……………………….

………………………………….

………………………………….

Dated………..day of……….201

The above tender is hereby accepted by me for and behalf of the Corporation.

Signature of the officer by whom accepted.

Dated………..day of ……………. 201 .

* to be filled by tenderer.



ANNEXURE – B AGREEMENT

Articles of agreement executed on this …………………. Day of ………………………… Two

Thousand Seven between the Executive Engineer, V.I.D.C., (hereinafter referred to as

VIDC on one part and Shri ……………………………………………………………………….

(Name and address of the tenderer) (hereinafter referred to as “the bounden’) of the other

part.

Whereas in response to the notification No. ………………… Dated ……………………….

the bounden has submitted to the VIDC a tender for the work ………………………….

………………. …………………………………………………….

………………………………………….. specified therein subject to the terms and conditions

contained in the said tender.

Whereas the bounden has also deposited with VIDC a sum of Rs. ………………………….

as earnest money for execution of and agreement undertaking the due fulfillment of the

contract in case his tender is accepted by the VIDC.

Now these presents witness and it is mutually agreed as follows :

1) In case the tender submitted by the bounden is accepted by the VIDC and the

contract for …………………………………………………. Is awarded to the bounden,

the bounden shall within ……………… days of acceptance of his tender execute an

agreement with the VIDC incorporating all the terms and conditions under which the

VIDC accepts his tender.

2) In case the bounden fails to execute the agreement as aforesaid incorporating

terms and conditions governing the contract, the VIDC shall have power and

authority to recover from the bounden any loss or any damage caused to the VIDC

by such breach, as may be determined by the earnest money is found to be

inadequate, the deficit amount may be recovered from the bounden and his

properties, movable and immovable, in the manner hereafter contained.



3) All sums found due to the VIDC under or by the virtue of this agreement shall be

recoverable from the bounden and his properties, movable and immovable, under

the provisions of the Maharashtra Land Revenue Code for the time being in force as

though such sums are arrears of land revenue and in such manner as the VIDC

may deem fit.

In witness of Shri. ………………………………………………………………… (Name and

Designation) for and on behalf of the VIDC and Shri.

…………………………………………. ……………………………………………… the

bounden have hereto set their hands the days and year shown against their respective

Signature.

Signed by ……………………………………………………… date ……………………..

In presence of witness :

1. ……………………………………………………………………………………………..

2. ……………………………………………………………………………………………..



SCHEDULE “A” MATERIAL TO BE SUPPLIED BY THE CORPORATION : NIL

Schedule showing approximate quantities of the various materials required for the works.

Sr. No. Name of Material Approximate Quantity

required Remarks

Nil Nil Nil

Contractor has to make his own

arrangements for procurement of all

materials at his own cost.

1 ) Cement ------------- 2) Steel of various Dia. ---------



ADDITIONAL CONDITION FOR MATERIALS

[Cement, M.S./H.Y.S.D. Bars etc.] Brought by the contractor.

(1) All materials such as cement, M.S./H.Y.S.D. bars required for execution of work shall

be brought by the contractor at his own cost.

(2) The contractor shall maintain the record of these materials [cement, steel etc.] in the

prescribed Proforma and register as directed by Engineer-in-charge. These registers shall

be signed by the contractor and representative of Engineer-in-charge. The register shall be

written and completed up to date by the Corporation and shall be signed by both i.e.

Corporation’s representative and contractors authorized representative. The register shall

be in the custody of the Corporation and shall be maintained by the Corporation.

(3) The material required only for this work shall be kept in the go down at site. No material

shall be shifted away from the site except for the work for which this agreement is entered,

without prior approval of the Engineer-in-charge.

(4) The material i.e. Cement, steel etc. brought on the worksite shall be accompanied with

the necessary Company / Manufacturing firm’s test certificates. In addition, these materials

shall be tested as per frequency prescribed by the corporation and the cost of such testing

shall be borne by the contractor. If the results are satisfactory, then and then only the

materials shall be allowed to be used on the work. If the test results are not as per

standard, these materials shall be immediately removed from the work site at contractor’s

cost. In case of cement, if so requested by the contractor in writing, material shall be

allowed to be used before receipt of test results, but this will be entirely at the risk and cost

of the contractor.

(5) The contractor shall produce sufficient documentary evidence ie. bill for the purchase,

receipts etc. for the purpose for materials brought on the work site at once if so requested

by the Corporation.

(6) All these materials i.e. cement, steel, etc. shall be protected from any damages, rain

etc. by the contractor at his own cost.

(7) The contractor will have to erect temporary shed of approved specifications for storing

above material at work site having double lock arrangement. (by double it is meant that

godown shall always be locked by two locks, one lock being owned and operated by

contractor and the other by Engineer-in-charge or his authorized representative) and door

shall be opened only after both locks are opened.



(8) If required, the weighment of cement bags / steel etc. brought by the contractor shall be

carried out by the contractor at his own cost.

(9) The contractor shall not use cement and other material for the items to be executed

outside the scope of this contract except for such ancillary small items as are connected

and absolutely necessary for execution of this work as may be decided by the Engineer-in-

charge.

(10) The corporation shall not be responsible for the loss in cement and steel during transit

to work site. The cement brought by the contractor at the work site store shall mean 50 kg

equivalent to 0.0347 Cum. Per bag by weight. The rate should correspond to this method

of reckoning.

(11) In case the material brought by the contractor become surplus owing to the change in

the design of the work or otherwise for any reason, the material should be taken back by

the contractor at his own cost after permission of the Engineer in charge.



SCHEDULE - "B" Memorandum showing the items of work to be carried out for :

Name of Work: Flood Protection work at Tarapur Ta-Buldana Dist-Buldana Quantity

as Estimated

may be more or

less

Item No. Item of Work Estimated Rates unit Total Amount

in Rs. according

to Estimated Quantity

In Figure

In Words

1 2 3 4 5 6 7 16672 Item

No. 1 Excavation in Soft soil, soft

murum, Lime, Shadu in dry and wet condition including dressing the bed, sides to the required grade or slope staking the material as directed with normal lead & lifts etc complete.

30.55 Rs. Thirty and Paise Fifty Five Only

cum 509330

8325 Item No.

2 Construciton of embankment zone from available material including laying the soil in layers of thickness 23 cm loose including reaking clods, spreading watering & mechanical compaction to specified ODD dressing the sides to required slope etc. complete

132.60 Rs. One Hundred Thirty Two and Paise Sixty Only

cum 1103895

8347 Item No.

3 Disposal of excavated untilised/reject material as & where directed with all leads & lifts including dry compaction etc. complete

35.15 Rs. Thirty Five and Paise Fifteen Only

cum 293397

.

Total Rs:

1906622

( Rs. Ninteen Lakhs six Thousand Six Hundred Twenty Two Only)



SCHEDULE “ C ”

Name of Work: Flood Protection work at Tarapur Ta-Buldana Dist-Buldana Item No. Item of Work

Applicable

specification

Page No.

from to

1 2 3 4 5 Item No.

1 Excavation in Soft soil, soft murum, Lime, Shadu in dry and wet condition including dressing the bed, sides to the required grade or slope staking the material as directed with normal lead & lifts etc complete.

Section 1 125 127

Item No.


Section 2 128 137

Item No.


Section 1 125 127

SCHEDULE SHOWING ITEMS OF WORK AND APPLICABLE SPECIFICATIONS



MONTHWISE CONSTRUCTION PROGRAMME

Name of Work: Flood Protection work at Tarapur Ta-Buldana Dist-Buldana

Sr. No.

Description of Item Unit Total Quantity

PERIOD IN MONTHS (04) JAN FEB MAR APR

1 Excavation in Soft soil, soft murum, Lime, Shadu in dry and wet condition including dressing the bed, sides to the required grade or slope staking the material as directed with normal lead & lifts etc complete.

cum 16672 4160 4170 4180 4162


cum 8325 2080 2090 2100 2055


cum 8347 2080 2080 2080 2107



SECTION III FORMS



APPENDIX ‘A’

DETAILS OF TECHNICAL PERSONNEL WITH THE CONTRACTOR

Sr. No. Description Name Length of

service firm Qualifications Professional

experience & details of Work s carried out

Remark

1 2 3 4

Project Manager Work s Manager (Civil, Senior Engineer) Engineers(Civil) Supervisors

Note : If there is no technical personnel with your firm please give details how can your firm manage the same in remark column.



APPENDIX B

DETAILS OF PLANTS & MACHINERY PROPOSED TO BE USED FOR WORK & AVAILABLE WITH THE CONTRACTOR

Sr. No.

Name of Equipment

No. of Units

Kind of make

Capacity If already owned Remarks Age and Condition Location

1 2 3 4 5 6 7 10

Note: If no machine is available with the firm please give details as to how the firm will manage to get the same.



APPENDIX C

DETAILS OF WORKS OF SIMILAR TYPE AND MAGNITUDE CARRIED OUT BY THE TENDERER

Sr. No.

Name of Work

Place Tendered cost

Period of completion as per tender and actual time in which completed

Stipulated Date of

Completion / actual date of

completion with reasons

Principal features

1 2 3 4 5 6 7



APPENDIX D

DETAILS OF OTHER WORK S TENDERED FOR AND IN HAND ON THE DATE OF SUBMISSION OF THE TENDER

Sr. No. Name of

Work Place

Works in Hand Works tendered for Remarks

Tendered cost Rs. in

lakhs

Cost of remaining

Works Rs. in lakhs

Anticipated Date of

Completion

Estimated cost Rs. in lakhs

Date by which

decision is Expected

Stipulated date of

period of completion

1 2 3 4 5 6 7 8 9 10



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 of 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



APPENDIX ‘F’

(Vide 36 of Special Conditions of Contract)

DECLARATION OF THE CONTRACTOR

(1) I/We ——————————————————————————

Contractor/(s), hereby undertake that I/We shall pay the labourers, engaged on the work

as indicated in Annex A to Section 1. Detailed Tender Notice, wages as per Minimum

Wages Act, 1948 and amendments thereto applicable to the zone in which work lies and

act accordingly. I/we also undertake to abide by the various laws in force and extend

necessary facilities and amenities to the staff and workers employed by me/us.

(2) I/We hereby declare that I/We have made myself/ourselves thoroughly

conversant with the local conditions regarding all materials and labour on which

I/We have bided my/our rates for this work. The specifications of this work have

been carefully studied and understood by me/us before submitting this tender.

(The rates quoted are inclusive of all leads and lifts involved even if the

materials are required to be brought from area other than those specified in the

quarry plans etc. for the above work)

(3) I/We hereby undertake to indemnify and hereby indemnify the corporation

against all liabilities arising out of application of all labour laws viz. the minimum

wages act, ESIS and PF act etc. with reference to labour engaged on subject

work.

(4) All leads and lift charges for construction materials required are included in the

rate of items under the contract and are agreed by me / us unconditionally. No

claim for leads and lifts will be admissible is clear to me / us and I/we give an

undertaking that no claim on these issues will be prepared by me / us, in this

contract.

Signature of contractor.

54

Contractor No. of Correction S.D.E. Executive Engineer

APPENDIX 'G'

MODEL FORM OF BANK GUARANTEE BOND

GUARANTEE BOND

(1) This deed of Guarantee is made on the —————————————by ————

——————————————————— having his head office

at________________________ hereinafter called the said Contractor(s) from the

demand under the terms and conditions of Agreement dated ___/___/_____ made

between __________________________and _____________

for___________________________________ (hereinafter called the Agreement) of

additional security deposit for the due fulfillment by the said Contractors of the terms and

conditions contained in the said Agreement on production of a Bank Guarantee for Rs.

__________________ .

(Rs.___________________________________________________only.)

We_________________________________________ (hereinafter referred to as the

Bank) at the request of_________________________(contractor) do hereby undertake

to pay to the Vidarbha Irrigation Development Corporation, Nagpur hereinafter referred to

as Corporation an amount not exceeding Rs._____________against any loss or damage

caused to or suffered by the Corporation by reasons of any breach by the said Contractor

of any of the terms or conditions contained in the said Agreement.

(2) We, ___________________________________(indicate the name of bank) do

hereby undertake to pay the amount due and payable under the guarantee without any

demur, merely on a demand from the Corporation stating that the amount claimed is due

by way of loss or damage caused to or would be caused to or suffered by the

Corporation by reason of breach by the said Contractor(s) of any of the terms or

conditions contained in the said Agreement or any reason of the contractor(s) failure to

perform the said agreement. Any such demand made on the bank shall be conclusive as

55


regards the amount due payable under the guarantee shall be restricted to an amount

not exceeding Rs.____________________.

(3) We undertake to pay to the Corporation any money so demanded not

withstanding any dispute or dispute raised by the Contractor(s)/supplier(s) in any suit or

proceeding pending before any court or tribunal relating thereto, our liability under this

present being absolute and unequivocal. The payment so made by us under this bond

shall be valid discharge of our liability for payment thereunder and the

Contractor(s)/Supplier(s) shall have no claim against us for making such payment.

(4) We_______________________________(indicate the name of Bank) further

agree that the guarantee herein contained shall remain in full force and effect during the

period that would be taken for the performance of the said Agreement and that it shall

continue to be forceable till all the dues of the Corporation under or by virtue of the said

Agreement have been fully paid and its claims satisfied or discharged or till

_____________________________________

(Office/Corporation) of ______________________(Indicate the name of Administrative

Officer) certifies that terms and conditions of the said Agreement have been fully and

properly carried our by the said Contractor(s) and accordingly discharges this guarantee.

Unless a demand or claim under this guarantee is made on us in writing on or before the

____________ we shall be discharged form all liability under the guarantee thereafter.

(5) We_____________________________________________ (indicate the name of

Bank) further agree with the Corporation that the Corporation shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to

vary any of the terms and conditions of the said Agreement or to extend time of

performance by the said Contractor from time to time or postpone for any time or from

time to time any of the powers exercisable by the Corporation against the said

Contractor(s) and to forebear or enforce any of the terms and conditions relating to the

said agreement and we shall not to be relieved from our liability by reason of any such

56


variation, or extension being granted to the said Contractor(s) or for any forbearance, act

or commission of the part of the Corporation or any indulgence by the Corporation to the

said Contractor or by any such matter or thing whatsoever which under the law relating to

surety would, but for this provision, have effect of so relieving us.

(6) This guarantee will not be discharged due to the change in the constitution of the

Bank or the change in the constitution of the Contractor(s)/Suppliers(s).

(7) We, __________________________________(indicate the name of the Bank)

lastly undertake not to revoke this guarantee during its currency except

with the previous consent of the Corporation in writing.

Dated the ___________________ day of _________________ 2014

For,_________________________

(Indicate the name of bank)

57


APPENDIX 'H'

INDENTURE FOR SECURED ADVANCES

(For use in cases in which the contract is for finished work and the Contractor has entered into an Agreement for the execution of a certain specified quantity of work in a given time).

THIS INDENTURE made the ___________ day of _______________ between ______________________________ (hereinafter called 'the contractor' which expression shall where the context so admits or implies be deemed to include his executors, administrators and assigns) of the one part and The Vidarbha Irrigation Development Corporation, Nagpur (hereinafter called as the Corporation which expression shall where the context so admits or implies be deemed to include his successors in office and assigns) of the other part.

WHEREAS by an agreement dated _____________ (hereinafter called 'the said Agreement') the Contractor has agreed.

AND WHEREAS the Contractor has applied to the Corporation that he be allowed advances on the security of materials absolutely belonging to him and brought by him to the site of the works, the subject of the said Agreement for use in the construction of such of the works as he has undertaken to execute at rate fixed for the finished work (inclusive of the cost of material and labour and other charges).

AND WHEREAS the Corporation has agreed to advance to the Contractor the sum of Rupees _________________ (in words, Rupees _______________________) on the aforesaid security and has reserved to himself the option of making any further advance or advances on security of aforesaid nature, the quantities and other particulars of the materials on the security of which the advance or advances are made being detailed in Part-II of the running account bill for the said works, signed at the time being by the Contractor on.

NOW THIS INDENTURE WITNESS that in pursuance of the said Agreement and in consideration of the sum of Rs. _______________ on or before the execution of these presents paid to the Contractor by the Corporation (the receipt whereof the Contractor both hereby acknowledge) and of such further advances (if any) as may be made to him as aforesaid, the Contractor does hereby covenant and agree with the Corporation and declare as follows :

1. That the said sum of Rs. __________________ so advanced by the Corporation to the Contractors as aforesaid shall be employed by the Contractor in or towards expediting the execution of the said works and for non other purpose whatsoever.

58


2. That the materials detailed in the said running account bill which have been offered to any accepted by the Corporation as security are absolutely the Contractor's own properly and free from encumbrances of any kind and the Contractor will not make any application for or receive a further advance on the security of materials which are not absolutely his own property, and free from all claims to any materials in respect of which an advance has been made to him as aforesaid.

3. That the materials detailed in the said running account bill and all other materials on the security of which any further advance or advances may hereafter be made as aforesaid (hereinafter called 'the said materials') shall be used by the Contractor solely in the execution of the said works in accordance with the directions of the Divisional Officer, Division (hereinafter called 'the Divisional Officer') and in the terms of the said Agreement.

4. That the Contractor shall make at his own cost all necessary and adequate arrangement for the proper watch, safe custody and protection against all risks of the said materials and that until used in construction as aforesaid, the said materials shall remain at the site of the said works in the Contractor custody and on his own responsibility and shall at all times be open to inspection by the Divisional Officer or any officer authorized by him. In the event of the said materials or any part thereof being stolen, destroyed or damaged, the Contractor will forthwith replace the same with other materials of like quality or repair and make good the same as required by the Divisional Officer.

5. That the said materials shall not on any account be removed from the site of the said works except with the written permission of the Divisional Officer or an officer authorised by him in that behalf.

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

59


7. That if the Contractor shall at any time make any defaults in the performance or observance of any of the terms and provisions of the said agreement or of these presents, the total amounts of the advance or advances that may still be owing to the Corporation shall immediately on the happening of such defaults be repayable by the Contractor to the Corporation, together with interest thereon at 20(twenty) percent per annum from the date of respective dates of such advance or advances to the date of repayment and with all costs, charges, damages expenses incurred by the Corporation in or for the recovery thereof or the enforcement of this security or otherwise by reason of the default of the Contractor and the Contractor hereby convenience and agrees with the Corporation to repay and pay the same respectively to him accordingly.

8. That the Contractor hereby charges all the said materials with the repayment to the Corporation of the said sum of Rs. _______________ and any further sum of sums advanced as aforesaid and all costs, charges, damages and expenses payable under these presents PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding anything in the said Agreement and without prejudice to the powers contained therein, if and whenever the covenant for Payment and Repayment hereinbefore contained shall become enforceable and the money owing shall not be paid in accordance therewith, the Corporation may at any thereafter adopt all or any of the following courses as it may deem best :

a) Seize and utilise the said materials or any part thereof in the completion of the said works on behalf of the Contractor in accordance with the provisions in that behalf contained in the said agreement, debiting the Contractor with the actual cost of effecting such completion and the amount due in respect of advances under these presents and crediting with the contractor with the said agreement and at the rates thereby provided. If the balance is against the Contractor, he is to pay the same to the Corporation on demand.

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

c) Deduct all or any part of the money owing out of the security deposits or any sum due to the Contractor under the said Agreement.

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

60


10. That in the event of any conflict between the provisions of these present and the said Agreement, the provisions of these presents shall prevail and in the event of any dispute or difference arising over the construction or effect of these presents, the settlement of which has not been herein before expressly provided for the same shall be referred to the Superintending Engineer, Buldana irrigation project circle Buldana_, whose decision shall be final.

IN WITNESS WHEREOF the said ______________________ and ______________________________ by the order and under the direction of the Corporation have hereinto set their respective hands the day and year first above written.

Signed, sealed and delivered by the said Contractor in the presence.

Witness

Signature

Name :

Address :

Signed by ________________

by the order and direction of the Vidarbha Irrigation Development Corporation Nagpur in presence of

Witness :

Signature :

Name :

Address :

61


SECTION IV

CONDITIONS OF CONTRACT

62


B-1 TENDER FORM CONDITIONS OF CONTRACT

Clause-1 : (A)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 heirs, 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 this tender, deposit with the Executive Engineer in form of Bank guarantee endorsed in favor of the Executive Engineer a sum sufficient which will make up to initial security Deposit specified in the tender forms at para (e) (i) of memorandum. It shall be lawful for Corporation at the time of making any payment to the contractor for work done under the contract to make up the full amount of security deposit as specified in memorandum at para(e) (ii) by deducting a sufficient sum at the rate specified at (g) of memorandum 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 Corporation under the terms of this 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 Corporation 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 deductions or sale as aforesaid, the contractor shall within ten days thereafter, make good in cash or Corporation securities endorsed as aforesaid any sum of sums 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 Corporation securities provided that the depositor has especially desired this in writing. (B) Additional Security Deposit In case contractor’s offer is less than 90% or more than 110 % of the updated estimated cost as stated at Sr.No.5 of Annex-A additional Security Deposit in the form of irrevocable Bank Guarantee for a period equal to period of con tract, and for an amount equal to the difference of the contractor’s offer and 90% or more than 110 % ( whichever is applicable) of the updated applicable estimated cost as stated above shall be submitted to the Engineer-in charge at the time of completing tender documents. Non submission of the above Additional Security Deposit will result into forfeiture of the E.M.D. If the amount of the security deposit to be paid in a lump sum and additional security deposit in form of irrevocable Bank Guarantee is not paid within the period specified at (A) above the tender/ contract already accepted shall be considered as cancelled and legal steps taken against the contractor for recovery of the amounts. The amount of the Security Deposit lodged by a contractor shall be refunded along with the payment of the final bill if the date up to which the contractor has agreed to maintain the work in good order, is over. If such date is not over, the S.D. at the time of the final bill may be converted in to an irrevocable B.G. from Nationalised or Scheduled Bank’s branch situated in state of Vidarbha Irrigation Development Corporation, Nagpur. The amount of Security Deposit retained by the Corporation shall be released after expiry of period up to which the contractor has agreed to maintain the work in good order is over.

63


In the event of the contract of failing or neglecting to complete rectification of work within the period up to which the contractor has agreed to maintain the work in good order that, subject to provisions of clause 17 & 20 here of the amount of Security Deposit retained by Corporation shall be adjusted towards the excess of 10 % of cost Security Deposit from any amount due to contractor under this work or any other work or as arrears of land revenue. The additional Security Deposit shall be refunded to the contractor on issuing of the completion certificate by the Engineer-in-charge as stipulated in the Clause No.7 of the contract, provided that the Engineer in charge, if demanded in writing by the contractor shall, from time to time, release the Additional Security Deposit in parts which are proportion to the amount of the completed work. Clause- 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 the stipulated period of the contract be proceeded with, all due diligence (time being deemed to be of the essence of the contract on the part of the contractor) and further to ensure good progress during execution of the work, the contractor shall be bound in all cases in which the time allowed for any work exceeds one months to complete the part works in specified time slice as per the programme given in Annexure-A to Section-I. Detailed Tender Notice/ enclosed at the end of Schedule B. If the contractor has not achieved the target as per physical programme of all items with respect to time as given in Annexure-A to Section-I Detailed Tender Notice/ enclosed at the end of Schedule-B, then the compensation will be recovered with prior notice to the contractor till the achievement of particular target as decided by the Engineer-in-charge. 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, un commenced or unfinished after the proper dates, provided always that the total amount of compensation to be paid under the provision of this Clause shall not exceed 10% of the estimated cost of the work as shown in the tender. Superintending Engineer should be the final authority in this respect. Clause-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 rendered himself liable to pay compensation amounting to the whole of his Security Deposit as specified at para (e) of the memorandum or in case of abandonment of the work, owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the Corporation shall have power to adopt following course. To rescind the contract (For which recession notice in writing to the contractor under the hand of the Executive Engineer, shall be conclusive evidence) and in that case the Security Deposit and additional security deposit of the contractor shall stand forfeited and be absolutely at the disposal of Corporation. In case the contractor shall be rescinded under clause above, the contractor shall not be entitled to recover or 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

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the performance of the such work and the amount payable to him in respect thereof and he shall only be entitled to be paid the amount so certified. 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 to the execution of the work or the performance of the contract. The contractor shall also be not eligible to tender for the work remaining unexecuted under this contract. Clause-4 Action when the progress of any particular portion of the work 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 after giving the contractor ten days notice in writing. The Engineer-in-charge will have to order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands, and to give it to another contractor to complete in which case all expenses incurred on advertisements for fixing a new contracting agency, additional supervisory staff including the cost of work executed by the new contract agency will be debited to the contractor and the value of the work done or executed through the new contractor (including escalation due) shall be credited to the contractor under the terms of his contract. The certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as to the value of the work so done shall be final and conclusive against the contractor. In case the cost of the work executed through a new contractor and other allied expenses exceed and the value of such work credited to the contractors, the amount of excess shall be deducted from any money due to the contractor by Government or Corporation under the contract or otherwise howsoever or from his security deposit and Additional Security deposit or the sale proceeds thereof provided, however, that the contractor shall have no claim against Corporation even if the certified value of the work done through a new contractor exceeds the certified cost of such work and allied expenses. The contractor shall have no claims to compensation for any loss sustained by him by reason of his having purchases, or procured any materials, or entered into any engagements, or made any advances on account of or with a view to the execution of the work so withdrawn from this contract.

The contractor will have no claim for compensation, for any loss sustained by him owing to such action. Clause-5 Power to take possession of or require removal of sell contractor’s plant In any case in which any of the powers conferred upon the Executive Engineer by Clause 3 & 4 hereof 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 conditions here of and such powers shall notwithstanding be exercisable in the event of any future cases of default by the contractor for which under any Clause or clauses hereof he is declared liable to pay compensation amounting to the whole of his Security Deposit and Additional Security Deposit and liability of the contractor for past and future compensation shall remain unaffected. In the event of the Executive Engineer, taking action under 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

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thereof, paying or allowing for the same in account at the contract rates or in the case of contract rates not being applicable at current market rates, to be certified by the Executive Engineer whose certificate thereof shall be final, in the alternative the Executive Engineer may, after giving notice in writing to the contractor of the work, foremen or other authorized agent required him to remove such tools, plant, materials, or stores from the premises within a time to be specified in such notice, and in the event of the contractor failing to comply with any such requisition, the Executive Engineer may remove them at the contractor’s expense or sell 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 or the proceeds and expenses of any such sale shall be final and conclusive against the contractor. Clause-6 Extension of time 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 grounds he shall apply in writing to the Executive Engineer on or before expiry of period stipulated in the tender or before the expiration of the 30 days from the date on which he was hindered as aforesaid or on which the cause for asking for extension occurred which ever is earlier, and the Executive Engineer, may with prior approval of the officer, accepting tender. if in his opinion, there are reasonable grounds for granting an extension, grant such extension as he thinks necessary or proper. The decision of the Executive Engineer in this matter shall be final. Clause-7 Final Certificate On the completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (hereinafter called Engineer-in-charge) of such completion, but no such certificate shall be given or shall the 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 removed from the premises on which the work shall have been executed, all scaffolding surplus material and rubbish & shall have cleaned off, the dirt from all woodwork, doors, windows walls floor or other parts of any building in or upon which the work has been executed, or of which he may have had possession for the purpose of executing the work, or until the work have been measured by the Engineer-in-charge, or where the measurements have been taken by the subordinates, until they have received the approval of the Engineer-in-charge, the said measurements being binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus materials and rubbish and cleaning of dirt on or before the date fixed for the completion of the work the Engineer-in-charge may, at the expenses of the contractor, remove such scaffolding, surplus material and rubbish and dispose of the same as he thinks fit and clean off such dirt as aforesaid and the contractor shall forthwith pay the amount of all expenses so incurred but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

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Clause-8 Payment on intermediate certificates to be regarded as advances No payment shall be made for any work, estimated to cost less then rupees one thousand till after the whole of the work shall have been completed and a certificate of completion given. But in the case of the works estimated 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 final and conclusive against the contractor. All such intermediate payments shall be regarded as payments by way of advance against the final payments only and not as payment for work actually done and completed, and shall not preclude the Engineer-in-charge from requiring any bad, unsound imperfect or unskillful work to be removed or re-erected nor shall any such payment be considered as an admission of the due performance of the contract or any part thereof in any respect or the occurring of any claim, nor shall it conclude, determine, or affect in any other way the power of Engineer-in-charge as to the final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for the completion of the work, otherwise the Engineer-in-charge’s certificate of the measurements and of the total amount payable for the work shall be final and binding on all parties. Clause-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 shall be valid only when the items concerned is accepted as having been completed fully in accordance with the sanctioned specifications in cases where the items of works are not accepted as to completed by the Engineer-in-charge he may make payment on account of such items at such reduced rates as he may consider reasonable in the preparation of final or on account bills. Clause-10 Bills in quadruplicate to be submitted monthly. A bill shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all works executed in the previous month and the Engineer-in-charge shall take or clause to be taken the 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 foresaid Engineer-in-charge may depute subordinate to measure up the said work in the presence of contractor or his duly authorised agent who’s counter signature to the measurements 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 respects.

Payment of Bills shall be made subject to the availability of funds. No claim shall be entertained for any delay in payment of bills.

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Clause-11 Bills to be on the printed form The contractor shall submit all bills on the printed forms in the format approved by the Engineer-in-charge. The charges to be made in the bills shall always be entered at the rates specified in the tender in the case of any extra work ordered in pursuance of these conditions, and not mentioned or provided for in the tender, at the rates hereinafter provided for such work. Clause-12 Store supplied by Corporation If the specification or estimate of the works provides for the use of any special description of materials to be supplied from the store of the corporation or if it is required that the contractor shall use certain stores to be provided by the Engineer-in-charge (such materials and stores, and the prices to be charges therefore as 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 purpose of the contract only, and the value of the full quantity of the materials and stores so supplied shall be set off or deducted from any sums then due, or thereafter to become due to the contractor under the contract or otherwise or from the Security Deposit or the proceeds of sale thereof if the Security Deposit is held in corporation securities, the same or a sufficient portion thereof shall in that case be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Corporation 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 completion or determination of the contract shall be returned to the Corporation 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 of 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-12(A) All stores of controlled materials, such cement steel etc. supplied to the contractor by Corporation should be kept by the contractor under lock and key and will be accessible for inspection of Executive Engineer or his authorized agent, at all times. Clause-13 : Work to be executed in accordance with specification drawings orders 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 specifications. The contractor shall also confirm exactly fully and faithfully to the designs, drawings and instructions in writing relating to the work , signed by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection at such office, or on the site of work during office hours. The contractor will be entitled to receive three sets of contract drawings and working drawings as well as one certified copy of the accepted tender

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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.500/- per set of contract drawing and Rs.100/- per working drawing except where otherwise specified. Clause-14 : Alteration in specifications and designs not to invalidate contracts. Rates for works not entered in estimate or Schedule of rates of the District. The Engineer-in-charge shall have power to make any alterations in 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 the work in accordance with any instructions in this connection which may be given to him in writing signed by Engineer-in-charge and 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 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 or at the rates mutually agreed upon between the Engineer-in-charge and the contractor whichever 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 of receipt by him or 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 by notice in writing be at liberty to cancel his order to carry it 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 thereof before the rates shall have been determined as lastly here 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 date of the determination of the rate as aforesaid according to such rates or rates as shall be fixed by the Engineer-in-charge. In the event of dispute, the decision of 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 additions or alterations

The time limit for the completion of the work shall be extended in the proportion to the increase in its cost occasioned by alterations or addition bears to the cost of the original contract work, and the certificate of the Engineer-in-charge as to such proportion shall be conclusive. However such an extension will be governed by provisions of clause 6.

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Clause-15 No claim to any payment of compensation for alteration in or restriction of work. 1) If at any time after the execution of the contract documents the Engineer shall for any

reason what-so-ever (other than default on the part of the contractor for which the Corporation is entitled to rescind the contract) decides 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 notice in writing of such desire and upon the receipt of such notice the contractor shall forthwith suspend or stop the work wholly or in part as required, after having due regard to the appropriate stage at which the work should be stopped or suspended so as not to cause any damage or injury to the work already done or endanger the safety thereof provided that the decision of the engineer to the stage at which the work or any part of it could be or could 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 far as it pertains to the unexecuted part of the work by giving a 10 days prior notice in writing to the Engineer within 30 days of the expiry of the said period of 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 may 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. Such payment shall not in any manner prejudice the right of the contractor to any further compensation under the remaining provision of this clause.

3) Where the Engineer 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 of work after such suspension for payment of compensation to the extent of pecuniary loss suffered by him in respect of working machinery remained idle on the site or on account of his having to pay the salary or wages of labour engaged by him during the said period of suspension, provided always that the contractor shall not be entitled to any claim in respect of any such working machinery salary or wages for the first 30 days whether consecutive or in the aggregate of such suspension or in respect of any suspension whatsoever occasioned, by unsatisfactory work or any other default on his part. the decision of the Engineer in this regard shall be final and conclusive against the contractor.

4) IN THE EVENT OF:

i) Any total stoppage of work on notice from the Engineer under sub clause (1) in that behalf.

ii) 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

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iii) Curtailment in the quantity of item or items originally tendered on account of any alteration omission or substitutions in the specifications, drawings and designs or action under clause 14 where such curtailment exceeds 25% in quantity & the value of the quantity curtailed beyond 25% at the rate for the items specified in the tender is more than Rs.50000/-.

OR iv) 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 the withdrawal from the contractual obligations under the contract on account of the continued suspension of work or (iii) notice under Clause 14 resulting in such curtailment, to produce to the Engineer satisfactory documentary evidence that he had purchased or agreed to purchase material for use in the contracted work, before receipt by him of the notice of stoppage, suspension or curtailment and require the Corporation to take over on payment such material at the rates determined by the Engineer. provided however such rates shall in no case exceed the rates at which the same was acquired by the contractor. The Corporation shall thereafter take over the material so offered provided the 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.

Clause 15(A) No claim / any payment or compensation for alteration in or restriction of work The contractor shall not be entitled to claim any compensation from Corporation for the loss suffered by him on account of delay by Corporation in the supply of materials where such delay is caused by i) Difficulties relating to supply of railway wagons ii) Force measure. iii) Act of God iv) War or Act of enemies of the state or any other reasonable cause beyond the

control of corporation. In the case such delay in the supply of materials Corporation shall grant such

extension of time for the completion of the works as shall appear to the Executive Engineer to be reasonable in accordance with the circumstances of the case. The decision of the Executive Engineer as to extension of time shall be accepted as final by the contractor and will be governed by the provision of Clause 6. Clause-16 Time limit for unforeseen claim

Under no circumstances whatever shall be contractor be entitled to any compensation from Corporation on any account unless the contractor shall have submitted a claim in writing with all charges within one month of the cause of such claim occurring subject to provision in clause (30) and (40). Clause 17 Action and compensation payable in case of bad work

If at 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 interior quality or that any materials or articles provided

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by him for the execution of the work are unsound, or of a quality inferior to that contracted for, or are otherwise not in accordance with the contract, it shall be lawful for the Engineer-in-charge to intimate this fact the that the work, materials or articles complained of may have been inadvertently passed, certified and paid for, the contractor shall be bound forthwith to rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or if so required shall remove the materials or articles so specified and provided other proper and suitable materials or articles at his own charge and cost and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in the written intimation aforesaid, the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate for every day not exceeding 10 days during which the failure so continuous and in the case of any such failure beyond 10 day’s Engineer-in-charge may rectify or remove re-executed the 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 his discretion to accept the same at such reduced rates as he may fix therefore subject to clause 9. Clause 18 Works to be open to inspection contractor or responsible agent to be present

All works 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 his subordinate to visit the works shall have been given to the contractor, either himself, be present to receive orders and instructions or have responsible agent duly authorised in writing present for that purpose orders 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. The contractor shall provide for at his cost, safe arrangements for such inspections of work at his cost. Clause-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 subordinate 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 dimensions thereof taken before the same is so covered up or placed beyond the reach of measurement and shall not cover up or place beyond the reach of measurement any work without the consent in writing of the Engineer-in-charge or his subordinate in charge of the work, and if any work, shall be covered up or placed beyond the reach of measurement any work 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 material with which same was executed. Clause-20 Contractor liable for damage done and for imperfections:

If during the period of months from the date of completion as certified by the Engineer-in-charge pursuant to Clause-7 of the contract or months, after commencing the work , whichever is earlier in the opinion of the Executive Engineer the said work is found to be defective in any manner whatsoever, the contractor shall forthwith on receipt of notice in that behalf from the Executive Engineer duly commence execution and completely carry out at his cost in every respect all the work that may be necessary for

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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 prescribed therefor in said notice and, or to complete the same as foresaid as required by the said notice, The Executive Engineer shall get the same executed and carried out departmentally or by any other agency at the risk and on account and at the cost of the contractor. The contractor shall forthwith on demand pay to the Corporation the amount of such costs, charges and expenses sustained or incurred by the Corporation of which 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 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 Corporation, the same may be recovered from the contractor as arrears of land revenue. The Corporation shall also be entitled to deduct the same from any amount which may then be payable or which may thereafter become payable by the Corporation to the contractor either in respect of the said work or any other work whatsoever or from the amount of Security Deposit retained by Corporation.

However for the purpose of security towards the maintenance in the defects liability period the security deposit at the time of final bill shall be converted into an irrevocable B.G. from any branch of a Nationalized / Scheduled Bank in the state of Maharashtra the B.G. shall be a total period of two years with value being adjusted as below from the date of completion certificate. ( Please see Clause 7 of Conditions of Contract) (Retained amount) i) From 0 to months after completion of work Full value of SD ii) From to months after completion of work 50% value of SD Clause-21 Contractor to supply plant, ladders, scaffolding etc. The contractor shall supply at his own cost all material (except such special materials, if any as may, in accordance with the contract, be supplied from the Corporation Stores) plant, tools appliances, implements, ladders, cordage, Tackle, Scaffolding and any temporary works requisite 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 of satisfying or complying with requirements of the Engineer-in-charge as to any matter as to which under these conditions he is entitled to be satisfied, or which he is entitled to be satisfied or which he is entitled to require together with carriage therefore to and from the work. The contractor shall also deploy without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, and counting, weighing and assisting in the measurement or examination at any time and from time to time of the work or the materi-als, failing which the same may be provided by the Engineer-in-charge at the expense of the contractor and the expenses may be deducted from any money due to the contractor under the contract or from his Security Deposit or the proceeds of sale thereof or of a sufficient portion thereof. The contractor shall provide all necessary fencing and lights required to protect the public and workers from accident, and shall also be bound to bear the expenses of defense of every 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

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in compromising any claim by any such person. The contractor indemnifies the corporation against all such claims. Clause-21 (A):REGULATIONS.

The contractor shall provide suitable scaffolds and working platform, Gangways and stairways and shall comply with the following regulation in connection therewith a) Suitable scaffolds shall be provided for workmen for all works that cannot be safely

done from a ladder or by other means. b) A scaffolds shall not be constructed taken down or substantially altered except

i) Under the supervision of a competent and responsible persons and ii) as far as possible by competent workers possessing adequate experience in

this kind of work. c) All scaffolds and appliances connected there with and all ladders shall

i) be of sound material ii) be of adequate strength having regard to the loads strains to which they will be

subjected, and iii) be maintained in proper condition

d) Scaffolds shall be so constructed that no part thereof can be displaced 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 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 fully with the regulations herein specified

i) Working platforms gangways and stairway shall 1. be so constructed that no part thereof can sag unduly or unequally 2. be so constructed and maintained having regard to the prevailing condition as to reduce as for as practicable risk or persons stripping or slipping and 3. be kept free from any unnecessary obstruction

j) In the case of the working platforms gangways or working places and stairways at a height exceeding 3 meters i) every working platform and every gangways working place and stair way at a

height exceeding 3m. 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 floor of a building or in working platform shall except for the time

and to the extent required to allow the excess of persons or the transport or shifting or materials be provided with suitable means to prevent the fall of persons or materials.

l) When persons are employed on a roof where there is a danger of falling from a height exceeding 3 meters suitable precautions shall be taken to prevent the fall f persons or materials

m) Suitable precautions shall be taken to prevent persons being struck by articles which might fall from scaffolds other working places

n) Safe means of access shall be provided to all working platforms and other working places.

o) The contractor(s) will have to make payments to the labourers as per Minimum Wages Act. and will have to strictly follow all relevant Labour Laws.

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Clause-21 (B) The contractor shall comply with the following regulations as regards for hoisting appliances to be used by him.

a) Hoisting machines and tackle including their attachments, anchorages and supports shall

i) be of good mechanical constructions, sound material and adequate strength and free from patent defect and ii) be kept in good repairs and in good working order.

b) Every rope used in hoisting for lowering materials or as a means of suspension shall be of suitable qualify and adequate strength and free from patent defect.

c) Hoisting machines and tackle shall be examined and adequately tested after erection on the site and before use and be re-examined in position at intervals to be prescribed by the Corporation.

d) Every chain, ring, hook shackle, swivel and pulley block used in hoisting or lowering materials or as a mean of suspension shall be periodically examined.

e) Every crane drive 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 hoisting and of every chain, ring, hook, shackle, swivel and pulley

block 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 any gear referred to in regulation (g) 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 provide with such means as well reduce to 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-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 out or dug up trees brush wood, grass, etc. by fire, the contractor shall take necessary measures to prevent such fire spreading to or other wise damaging surrounding property. The contractor shall make his own arrangements for drinking water and other necessary facilities for the labour employed by him Clause 23 Liability of contractor for any damage done in or outside work area

Compensation for all damage done intentionally or unintentionally by contractor’s Labour whether in or beyond the limits of Corporation to properly including any damage caused by the spreading of fire mentioned in clauses 22 shall be estimated by the Engineer in charge or such other officer as he may appoint and the estimates of the

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Engineer-in-charge subject to the decision of the Superintending Engineer on 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 in the manner prescribed in clause-1 or become due from corporation to contractor under this contract or otherwise. The contractor shall bear the expenses of defending any action or other legal proceedings that may be brought by any person for injury sustained by him owing to neglect of precautions to prevent the spread of fire and he shall pay any damages and cost that may be awarded by the court in consequences. The contractor indemnifies the corporation against all such legal action and consequences thereof. Clause 24 DELETED Clause 25 Work on weekly Holidays No work shall be done on weekly local holiday without sanction in writing of the Engineer-in-charge. Clause 26 Work not to be sublet : Contract may be rescinded, and Security Deposit forfeited for subletting it without approval or for bribing a Corporation officer or if contractor becomes insolvent. The contract shall not be 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 as insolvent or make any composition with his creditors, or attempt so to do or if bribe, gratuity, gift. loan perquisite ,reward or advantages 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 Corporation officer or person in the employment of Corporation in any way relating to his office or employments, or if any such officer or persons shall become in 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 Security Deposit of the contractor shall there upon stand forfeited and be absolutely at the disposal of the Corporation and same consequences shall ensue as if the contract had been rescinded under clause 3 have of and in addition the contractor shall not be entitled to recover or be paid for any work therefore actually performed under the contract Clause 27 Sum payable by way of compensation to be considered as reasonable compensation without reference to actual loss.

All sums payable by contractor by way of compensation under any of these conditions shall be considered as a reasonable compensation to be applied to the use of Corporation without reference to the actual loss or damage sustained, and whether any damages has or has not been sustained Clause 28 Changes in the constitution of firm to be notified

In the case of tender by partners any change in the constitution of a firm shall be forthwith notified by the contractor to the Engineer-in-charge for his information

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Clause 29 Direction and control of the 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 point and in what manner they are to be commenced and form time to time carried on. Clause 30 (1)

Except where otherwise specified in the contract and subject to the powers delegated to him by Corporation 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 of the contract upon all questions relating to the meaning of the specifications, designs, drawings and instructions, herein before mentioned and as to the quality of workmanship or materials used on the work 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, specification, estimated, instructions, orders or these conditions, or otherwise concerning the work or the execution, or failure to execute same whether arising, during the progress of the work, or after the completion or abandonment thereof Clause-30 (2)

The contractor may within thirty days of receipt by him of any order passed by the Superintending Engineer of the circle as aforesaid, appeal against it to the Chief Engineer concerned with the contract, work or project provided that. a) The accepted value of the contract exceeds Rs. 100 lakhs (Rupees One hundred lakhs) b) Amount of claim is not less than Rs. 1.00 lakhs (Rupees one lakhs) Clause 30 (3) If the contractor is not satisfied with the order passed by the Chief Engineer as aforesaid the contractor may, within thirty days of receipt by him of any such order, appeal against it to the Executive Director, Vidarbha Irrigation Development Corporation,. Nagpur, who if convinced that prima-facie the contractor’s 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 Executive committee/Claim Committee shall cause to put it up to the Executive committee/claim committee at Corporation level for suitable decision

Clause-31 Stores of European American manufacture to be obtained from corporation.

The contractor shall obtain from the Corporation all stores and articles of European or American Manufacture which may be required for the work. or any part thereof or in making up any articles required therefore or in connection there with unless he has obtained permission in writing from the Engineer-in-charge to debited such stores and articles else where. The value such stores and articles each 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 schedule “A” attached to the contract and if they are not entered in the said schedule, they shall be debited to him at 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

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Clause-32 Lump sums in estimates When the estimate on which a tender is made includes lump sum in respect of part of the work the contractor shall entitled to payment in respect of the item of work involved or the part of the work in question at the same rates as are payable under this contract for each item, or if the part of the work in question is not in the opinion of the Engineer-in-charge capable of measurement, the decision 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 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 and in the event of there being no Divisional specification then in such case the work shall be carried out in all respects in accordance with all instructions and requirements of the Engineer-in-charge

Clause-34 Definition of work The expression “Works” where used in these conditions, shall unless there be something in the subject or context repugnant to such construction, be construction be construed to mean the work or works contracted to be executed under or in virtue of the contract, whether temporary or permanent and whether original, altered substituted or additional. Clause 35 Contractor 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 amount of the bill before deducting at the value of any stock issued. Clause 36 Payment of quarry fees and royalties. All quarry fees, royalties , octroi dues and ground rent for stacking materials , if any should be paid by the contractor , the tender rates shall be inclusive of all the liability under Maharashtra Minor mineral extraction rules and the contractor shall take all steps necessary as are essential in terms of Maharashtra minor mineral extraction rules. The contractor shall produce the documentary evidence regarding payment of quarry fees , royalties etc. as and when demanded by the Engineer – in- charge, in case of failure for the contractor in payment of quarry fees , royalties etc to revenue authority such suitable sum will be withheld from the bills payable to the contractors as decided by the Engineer – in- charge. The contractor shall indemnify the corporation regarding any claims of Revenue Department in respect of payment of quarry fees, royalties etc. The contractor shall be solely responsible for payment of quarry fees, royalty charges etc. Clause 37 Compensation under the workmen’s compensation act. The contractor shall be responsible for and shall pay any compensation to his workmen payable under the workmen’s compensation Act, 1923 (VII of 1923)(herein after called the said act,) for injuries caused to the workman. If such compensation is payable and paid by Corporation as principle under subsection (1) of section 12 of the said Act on behalf of the contractor, it shall be recoverable by Corporation from the contractor under sub-section (2) of the said section , such compensation shall be recovered in the manner

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laid down in clause 1 above. The contractor indemnifies the Corporation against such compensation. Clause-37 (A) The contractor shall be responsible for and shall pay the expenses towards providing medical aid to any workmen who may suffer a bodily injury as a result of an accident, If such expenses are incurred by Corporation the same shall be recoverable from the contractor forthwith and be deducted without prejudice to any other remedy available to the Corporation from any amount due or that may become due to the contractor. Clause-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 condition suitable for immediate use at any time and shall comply with the following regulations in connection therewith.

I. The workers shall be requited 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.

II. When work is carried on in proximity to any place where there is a risk of drawing all necessary equipment shall be provided and kept ready for use and all necessary steps shall be taken for prompt rescue of any person in danger.

III. Adequate provisions shall be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work.

Clause-37 (C)

The contractor shall duly comply with the provisions of The Apprentices Act 1961 (III of 1961) & the rules made there under and the orders that may be issued from time to time under the said Act and the said Rules and on his failure or neglect to do so he shall be subject to all the liabilities and penalties provided by the said Act and said Rules Clause-38 Claim for quantities entered in the tender on estimates.

1) 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 in the tender or estimate.

2) Quantities in respect of the several items shown in the Schedule “B” Part of the tender are approximate and no revision in the tendered rates shall be permitted in respect of any items so long as subject to any special provision contained in the specifications prescribing different percentage of permissible variation 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.50,000/-

3) The contractor shall if ordered in writing by the Engineer so to do, also carry out any quantities in excess of the limit mentioned in sub clause (2) hereof on the same condition as and in accordance with the specification in the tender and at the rates (i) derived from the rates entered in the current schedule of rates and in the absence of such rates (ii) at the rate prevailing in the market. The price variation clause shall be applicable with the initial basic index existing on the date when quantity exceeds/decrease more that 25 % in Schedule “B” . The rates once decided as above shall not be revised till completion of the quantity under that item.

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4) In case the quantity of any item reduces by more than 25% the rates of such items shall be revised as per provisions of sub clause 3 of clause 38. However, the total payment of such item shall be limited to seventy five percent of estimated cost of that item put to tender.

5) The provisions of this clause will not be applicable to the additional anticipated items Payment for quantities in excess of 125 % for tendered quantities, in respect of excavation masonry and concrete, will be regulated as per the Provisions of para 55 of special conditions of contract.

6) For quantities above 125 % VIDC’s prior sanction shall be essential. VIDC’s Decision on the issue will be binding on the contractor.

Clause 39 Employment of famine labour etc. The contractor shall employ any famine, convict or other labour of a particular kind of class if ordered in writing to do so by the Engineer-in-charge. Clause 40 Claims 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 any account. Clause 41 Claims for compensation for delay in 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 or compartments. The rates are inclusive for hard or cracked soil excavation in mud sub soil water or standing water in borrow pits and no claim for an extra rate shall be entertained unless otherwise expressly specified in this regards. Clause 42 Entering upon or commencing any portion or work.

The contractor shall not enter upon or commence any portion of work except with the written authority and instruction of the Engineer-in-charge or his subordinates-in-charge of work, failing such authority the contractor shall have no claim to ask for measurements of or payment for work Clause-43 Minimum age of persons employed the employment of donkey and or other animals 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 of string or

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

iii) 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 Corporation for any delay caused in the completion of the work by such removal.

iv) The contractor shall pay fair and reasonable wages which will not be bellow the minimum wages 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 appropriate Government. authority concerned with

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Labour who shall decide the same. The decision of the said authority shall be conclusive and binding on the contractor but such decision shall not in any way affect the condition in the contract regarding the payment to be made by Corporation at the sanctioned tender rates.

v) Contractor shall provide drinking water facilities to the workers, similar amenities shall be provided to the workers engaged on large work in urban areas.

vi) The contractor should take precautions against accidents which take place on account of labour using loose garments while working near machinery. Clause 44 Method of Payment Payment to contractors shall be made by cheque drawn on Bank of Maharashtra provided the amount not exceeding Rs. 500/- will be paid in cash. Clause 45 Acceptance of condition compulsory before tendering the work. Any contractor who does not accept these conditions shall not be allowed to tender for works. Clause 46 Employment of scarcity labour If Government declares a state of scarcity or famine to exist in any village situated within 16 km of the work, the contractor shall employ upon such parts of the work, as are suitable for unskilled labour, any person certified to him by the Executive Engineer or by any person to whom the Executive Engineer may have delegated this duty in writing to be in need of relief and shall be bound to pay to such person wages not below the minimum which Government may have fixed in this behalf. Any disputes which may arise in connection with the implementation of this clause shall be decided by the Executive Engineer whose decision shall be final and binding on the contractor. Clause 47 The price quoted by the contractor shall not in any case exceed the control price, if any fixed by Government or reasonable price which it is permissible for him to charge to a common purchaser for the same class and description the control price or the price permissible exceed the controlled price or the price permissible under hoarding and Profiteering prevention act contractor will specifically mentioned this fact in his tender along with the reasons for quoting such higher price. The purchaser at his discretion will in such case exercise the right of revising the price at any stage so as to conform with the controlled price as permissible under the Hoarding and Profiteering Prevention act. This discretion will be exercised with out prejudice to any other action that may be taken against the contractor Clause 48 The rates to be quoted by the contractor must be inclusive of Sales Tax. other taxes & duties as applicable. No Extra payment on this account will be made to the contractor. Clause 49

In the case of materials which may remain surplus with the contractor from these issued for the work contracted the date of ascertainment of the materials being surplus will be taken as the date of sale to the contractor, for the purpose of Sales Tax and the Sale Tax will be recovered on such sale.

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Clause 49 (A) The tendered rate shall be inclusive of all taxes, rates cesses and shall also be inclusive of the taxes leviable in respect of sale by transfer of property in goods involved in the execution of work contract under the provisions of rule 58 of Maharashtra Value Added Tax Act 2005 for the purpose of tax. MVA Tax @ 2% of gross value of work shall be deducted from the contractor’s R. A. Bill / Final bill and percentage of recovery may vary as amended from time to time by the Sales Tax department. (MVAT @ 5% shall be recovered from RA Bills of the Contractors who are not registered under MVAT Act 2005) Clause 50 The contractor shall employ the unskilled labour to be employed by him on the said work only from locally available labours and shall give preference to those persons enrolled under Maharashtra Government Employment and Self 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. (Govt. Resolution no. CAT – 1097 / AA – 478 / building – 2 / dated 23-03-98.) Clause 51. Wages to be paid to the skilled and unskilled labourers engaged by the contractor. :

The contractor shall pay to the labourers according to the wages prescribed by the Minimum Wages Act of 1948 applicable to the area in which the work of the contractor is located. Clause 52 All amounts whatsoever which the contractor is liable to pay to the Corporation in connection with the execution of the work including the amount payable in respect of (I) materials and/ or stores supplied/ issued hereunder by the Corporation to the contractor (ii) hire charges in respect of heavy plant, machinery and equipment given on hire by the Corporation to the contractor for execution by him of the work and (iii)any out standing advances have been given by the Corporation to the contractor shall be deemed to be arrears of land revenue and the Corporation may without prejudice to any other rights and remedies of the corporation recover the same from the contractor as arrears of land revenue Clause 53 The contractor shall duly comply with all the provision of the contract Labour (Regulation and Abolition) Act. 1970 (37of 1970) and the Maharashtra Contract labour (Regulation and Abolition) Rules 1971 as amended from time to time and all other relevant statutes and statutory provision concerning payment of wages, particularly to workmen 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 neglects to pay wages at the said rates or makes short payment and the corporation makes such payment of wages in full or part thereof less paid by the contractor to such worker shall be deemed to be arrears of land Revenue, Corporation shall be entitled to recover the same as such from the contractor or deduct

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the same from the amount payable by the Corporation to the contractor here under or from any other amounts payable to him by the Corporation Clause 54 The contractor shall duly comply with all the provisions of the Maharashtra State Tax on professions and trades calling and employment act 1975, (See Rule 3(2)). The contractor shall obtain certificate of registration under this act and shall produce to Corporation clearance certificate as and when demanded. Clause 55 The tender rates are inclusive of all taxes , rates, cesses and are also inclusive of the leviable tax in respect of sale by transfer of proporty in goods involved in the execution of work contract under the provision of rule 58 of Maharashtra value added tax act 2005 for the purpose of tax APPRENTICE ACT Clause 56 : The contractor shall duly comply with all the provisions of the Apprentices Act, 1961, and the rules and orders issued thereunder from time to time. If he fails to do so, his failure will be a breach of the contract and the Superintending Engineer, in his discretion, may cancels the contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provision of the Act. WORKER’S SAFETY Clause 57 : Where the workers are required to work near machine and are liable to accident they should not be allowed to wear loose cloth like Dhoti, Jhabba etc.

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SECTION V SPECIAL CONDITIONS OF CONTRACT

1. CONTRACTOR TO INFORM HIMSELF FULLY

The contractor shall be deemed to have carefully examined the workand site

conditions, the special conditions, the specifications, schedules and drawings and shall

be deemed to have visited the work site, and also got fully acquainted himself with details

required, raw, finished, bought out material/equipment required for this work, local

conditions ancillary works required to be done, etc. before quoting the offer.

If he shall have any doubts as to the meaning of any portion of the special

conditions or the scope of work or the specifications or any other matter concerning the

contract he shall in good time, set forth the particulars thereof and submit them to the

Engineer-in-charge. The Engineer-in-charge generally means the Executive Engineer

directly in-charge of the work but also means the Superintending Engineer, Chief

Engineer, Chief Engineer of the Department, for exercising the power under this contract.

2. CONTRACT DRAWINGS AND SPECIFICATIONS,

2.1 On acceptance of the tender, three sets of contract drawings and working drawings

as well as one certified copy of the accepted Tender will be supplied to the contractor

free of charge within one week. On request by the contractor and at the discretion of

Engineer-in-charge, the contractor may be supplied with additional copies of contract

documents to be charged at the rate of Rs. 1000/- (Rs. One thousand only) per set.

2.2 The drawings, which form part of this contract, show the works to be done in such

details as possible to do for the present. They will be supplemented or superseded by

such additional detailed drawings as may be necessary as the work progresses. The

contractor shall carry out the work in accordance with these additional and/or revised

drawings as the case may be at the applicable rates as per the contract. The contractor

shall be supplied a maximum number of three copies of each of such working drawings

free of charge. Should the contractor require any additional copy for his use, the same

might be supplied at the discretion of Engineer-in-charge and the contractor will be

charged Rs. 200/- for each of such additional copy of each drawing.

2.3 The contractor shall check all drawings carefully and intimate the Engineer-in-charge

immediately any errors or omissions discovered. The contractor shall not take advantage

of any kind of errors or omissions in the drawings supplied.

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3. Data and Drawings of work space planning to be furnished by the contractor

a) Prior to the commencement of the work, the contractor shall submit to the

Engineer in-charge for approval, drawings or prints on white ammonia paper of

size 1020 mm x 690 mm or 510 mm x 345 mm as may be suitable in triplicate

showing the location of major plant workshop, if any, roadways, temporary

bridges, unloading facilities and storage yards etc. which he proposes to put up

at the site.

b) The contractor shall submit to the Engineer-in-charge for approval within from

the date of his receiving notice to start work execution, a layout plan of

construction plant and equipment for execution of the work which the contractor

proposes to adopt at site.

c) Any changes in the approved layout will be subject to further approval.

d) The approval of the drawings, however will not relieve the contractor of his

responsibility from any errors or omissions.

4. ERRORS, OMISSIONS, DISCREPANCIES ETC

(a) In case of error omission and/ or disagreement between written and scaled

dimensions on the drawings or between the drawings and specifications, the following

orders or preference shall apply.

* Between actual scaled and written dimension or description on drawing

and corresponding one in the specification, the latter shall be adopted.

* Between the quantities in the schedule of the quantities and those arrived

at from the drawings, the former shall apply

* Between the written description of the item in the schedule of the quantities

and the detailed specifications of the same item the Latter shall be adopted.

(b) The Information in connection with the work and work site as well as

specification are contained in this book of contract in general and in particular in two

parts viz. special condition and specification for item of work. In case of any discrepancy

or repugnancy in the clauses in these sections the specifications will prevail over special

conditions.

(c) The special conditions of contract and the specifications shall prevail over

various clauses of B-1 tender form.

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

dimensions or description of any item, reference shall be made to the Engineer-in-charge

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whose Elucidation, elaboration or decision shall be considered as authentic and final

subject to the clause 30 of B-1 form. The contractor shall be held responsible for any

error that may occur in the work through lack of such reference and precaution.

(e) During execution, if any component requires specific design from consultant

and necessary vetting from CDO/competent authority, it shall be carried out by the

contractor.

5. USE AND CARE OF SITE

(a) All the land required should be arranged by the contractor from private land

owner/Revenue department at his own cost and no claim on this Account shall be

entertained.

(b) All areas of operation, including those of his staff and labour colonies, in case handed over to the contractor shall be cleared and handed over back in good condition to the satisfaction of the Engineer-in-charge, except the areas under works constructed for the Engineer-in-charge. The contractor shall make good to the satisfaction of the Engineer-in-charge, any damage or alterations made to areas, which he has to hand over back or to other property or land handed over to him for the purpose of this work. (c) The lands shall as herein before mentioned, be handed over back to the Engineer-

in-charge within three months after completion of the work under this contract or the

termination of the contract whichever is earlier. Also no land shall be held by the

contractor longer than the Engineer-in-charge shall deem necessary and the contractor

shall, on due notice by the Engineer-in-charge vacate and return the land which the

Engineer-in-charge may certify as no longer required by the contractor for the purpose of

works. In case the lands are not handed over back to the Government within the time

limit specified above, penal rent as may be decided by the Engineer-in-charge will be

recoverable.

(d) The vegetation and forest is noticeable in project area. The contractor should take

utmost care for the preservation of this vegetation and forest. Any damage in this

vegetation and forest will have to be compensated by the contractor and decision from

Engineer- in-charge will be final and binding on the contractor.

6. CONTRACTOR NOT TO DISPOSE OF SOIL, ETC.

The contractor shall not sell or otherwise dispose off or remove except for the

purpose of this contract, sand, stone, clay, ballast, earthrocks or other substance or

materials which may be obtained from the excavation made for the purpose of this

contract or any produce from the site. All such substances, materials and produces shall

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be the property of Government and shall be disposed off in a manner and at place shown

in the drawing are as and where the Engineer-in-charge may direct.

7. GOLD/SILVER, MINERALS, OILS, RELICS, ETC FOUND ON SITE

All gold, silver, oil or other minerals of any description and all other precious

stones, coins, treasure, relics, antiquities and other similar things which shall be found in

or upon the site shall be property of the Government and the contractor shall duly

preserve the same to the satisfaction of the Engineer-in-charge and shall from time to

time, deliver the same to such person or persons as the Engineer-in-charge may appoint.

8. ACCESS TO SITE AND WORK AND CO-OPERATION WITH OTHER CONTRACTORS

The Engineer-in-charge may if he considers fit, from time to time, enter on any lands

which may be in the possession of the contractor under the contract for the purpose of

executing any works not included in the contract and may execute such works not

included in this contract by agents or other contractors at his option and the contractor

shall in accordance with the requirements of the Engineer-in-charge afford all reasonable

facilities for execution of the works, including occupation of the lands, structures, or

otherwise to any other contractor employed by the Corporation and his workmen or for

the workmen of the Corporation who may be employed in the execution on or near the

site of work not included in the contract, or of any contract in connection with or specially

to the works and in default the contractor shall be liable to the Corporation for any delay

or expenses incurred by reason of such default. The contractor shall not however, on

account of any such modified new or extra work executed by or for the sake of the

Corporation be entitled to claim to relief from the obligation to execute the works. The

contractor shall also cooperate with other contractors with all fairness and mutual

understanding and use the common facilities like access roads to quarries, water supply

arrangements etc.

The contractor also shall not cause advertently or inadvertently any abstraction or

impediments in the progress of the other works being executed by Corporation or

through other agencies. In the event of dispute regarding the claim, the responsibility,

liability, etc., in respect of such facilities, the decision of the Engineer-in-charge shall be

final.

In case where performance of the erection work by the contractor affects the

operation of the system facilities of the Corporation, such erection work of the contractor

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shall be scheduled to be performed only in the manner stipulated by the Engineer and

same shall be acceptable at all times to the contractor. The Engineer may impose such

restriction on the facilities provided to the contractor such as electricity. water etc., as he

may think fit in the interest of the Corporation and the contractor shall strictly adhere to

such restriction and co-operate with the Engineer.

The Engineer shall be notified promptly by the contractor of any defects in the

other contractor's work that could affect his own work. The Engineer shall determine the

corrective measure if any, required rectifying this situation after inspection of the works

and such decision by the Engineer shall be binding on the contractor.

9. CLEANING UP

(a) The contractor shall at all times keep the construction areas and his colony and

storage free from accumulation of waste or rejected materials.

(b) Prior to the completion of the work, the contractor shall remove all the rubbish

from and around the premises and all tools, scaffolding equipment and materials which

are not part of permanent structures except otherwise asked for or as provided under any

other clauses of this contract, the premises will be left in a manner fully satisfactory to the

Engineer-in-charge.

10. LAYOUT OF CONSTRUCTION ROADS

The contractor shall have to submit detailed plan to the Engineer-in-charge, showing the

layout of the work site, roads and approach roads, proposed by him, before he starts the

actual work. such a road layout plan will be scrutinized by the Engineer-in-charge and

any modification suggested by him will be binding on the contractor. If it is decided by the

Engineer-in-charge to have some of the road proposed by the contractor as common

roads for common use of the Government and the other contractor or convenient and for

compact and planned layout of worksite, the contractor will be bound to construct them

and allow them to be used simultaneously by other contractors and department. In case

of disputes, the decision of the Engineer-in-charge shall be final binding on the

contractor.

11. PERIOD AND HOURS OF WORK

The work shall be done usually during the daytime, In the interest of progress if it

is felt necessary to work during night, the contractor shall obtain specific permission of

the Engineer-in-charge. If the work is to be done at night, prior permission of the

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Engineer-in-charge should be obtained and adequate lighting arrangement shall be

made as directed by the Engineer-in-charge.

12.) Signing Field Books, Longitudinal Sections, Cross Sections and Measurement Books.

Before starting the work, and at the end, before the work is covered, levels for

plotting the longitudinal section (along the axis as decided by Engineer of contractor

in the presence of the Engineer-in-charge or his duly authorised representative and

the same shall have to be got attested from the Engineer-in-charge or his authorised

representative in token of acceptance. If the contractor fails to take measurements

and sign them the measurements recorded by the Engineer-in-charge or his

authorised representative in the authorised books shall be final and binding on

the contractor. For this purpose, suitable date or dates shall be fixed by the

Engineer-in-charge and intimated to the contractor at least three days in advance. If

the contractor or his duly authorised agent fails to attend on the appointed dale or

dates, the levels shall be taken in his absence and such levels and longitudinal

sections and cross sections based thereon shall be final and binding on the

contractor. The levels will be taken on such alignment and cross section as will be

useful for reference permanently and described under specifications for

'Excavation'. The point of locations for the level will depend upon the roughness of

the area and will also be atleast in conformity with the requirements of specifications

for 'Excavation' as far as possible

13. PROGRAM OF CONSTRUCTION

Work and Progress Schedules

The time schedule program is given in Annex A to section 1 detailed tender notice based

on which the physical program is prepared. If the tenderer does not agree with this

programme, he shall submit his own programme without changing total period of tender

along with tender documents with sufficient time span for the activities to be carried out

with the best sequence.

In case, it is found necessary to alter this programme agreed in contract document

including the changes in the sequence of the items, the contractor shall submit in good

time a revised programme incorporating necessary modifications proposed.

The contractor shall give detailed work program within 14 days of the notice to proceed

with the work. This program will include manufacture of equipment, testing of the

equipment at factory, transporting of the equipment at the site, installation of the

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equipment, pre-commissioning tests, commissioning of the equipment, tests for

guaranteed performance, etc.. Such programme shall be finalized in consultation with

Engineer with due consideration of other works in progress.

Additional detailed programme if required for each quarter of the year shall be submitted

to the Engineer-in-charge and got approved. The Engineer-in-charge is further

empowered to ask for more detailed program, say week by week, for any items of special

importance and contractor shall supply the same as and when asked for without delay.

The submission of the works program and approval to it by the Engineer-in-charge shall

not relieve the contractor of any of his duties or responsibilities under the contract, like

timely completion, the damages due to flood or other natural calamities, etc. The

contractor shall not be entitled for any claims for any damages caused, due to particular

works program. It is the entire responsibility of the contractor to frame the program after

anticipating the rains, floods, etc. Actual work turned out shall be mainly taken into

account and not just the sum total of various payments made to the contractor. The

advance on the material brought to the site of work will be accounted for while arriving at

the progress achieved by the contractor in terms of proportion on the total work tendered

for.

14. Materials

a. Cement

The cement shall conform to IS 269-1967 and subsequent revisions for

Portland Cement and IS 1489-1976 and subsequent revisions for Pozollana

Cement.

All cement required for the work under this contract (if work cost is more

than Rs. 100 Lacks) shall be procured, well in advance by the contractor in

polythene bags of twenty to a metric tone as received from the cement

factories The cement bags shall be branded by words 'GOVERNMENT OF

MAHARASHTRA' with 80 mm high and 15 mm thin letters on one side of the

bag The contractor shall by written application collect the authorization letter

indicating contract number, quantity of cement, from the Engineer-in-charge

to the Corporation approved cement factory, from where the contractor

intends to purchase the cement to brand the cement bags as stipulated

above. Following cement factories have been approved by the Corporation.

1. Ambuja 2. Manikgarh 3. Ultratech. 4. Narmada

5. Rajashree. 6. Orient 7.BIRLA

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The contractor shall produce proof of purchase of cement from the cement

factories The purchase bill supported by Delivery Challan and Excise Gate Pass

shall constitute adequate proof of purchase. Cement shall be stored in such a way

as to allow the removal and use of cement in chronological order of receipt i.e. first

received being first used. Cement shall be kept in a store under double locking

arrangement (one lock to be operated by the contractor and second lock to be

operated by the authorised person of the Corporation) so that it can be taken out or

fresh stock admitted with the knowledge of supervising staff of the Corporation.

The watch and ward of cement stores shall be the responsibility of the contractor. If

godown facilities are available with the Corporation, the same will have to be

utilized by the contractor as per his terms and conditions as decided by the

Engineer-in-charge. In the event of cement in branded bags remaining surplus due

to authorized reduction in quantity of work certified by the Engineer-in-charge and

as noticed after the issue of completion certificate, the contractor may choose

either of the following three alternatives.

i. To transfer the cement in branded bags, with prior written permission from the

Engineer-in-charge, to any of the contract work with the Corporation and account for

the same therein.

ii. To sell the cement in branded bags with prior written permission from the Engineer-in-

charge, to any of the contractors carrying out the works on contract with the

Corporation at a price to be negotiated by both the contractors and account for the

same.

iii. To sell the cement in branded bags with prior written permission from the Engineer-in-

charge, to the Corporation at the Ex-factory price + Sales Tax + Octroi, if any +

delivery at Corporation godown as directed by the Corporation. If the purchase price

paid by the contractor plus delivery at Corporation godown is less than the above; the

lower of the two shall be considered. The Corporation will accept the cement in

branded bags only if the same is as per the specifications and of acceptable quality.

b. Steel : (Procured by Contractor) The H.Y.S.D shall confirm with the specification laid down by the Bureau of Indian

Standard (vide their specification Nos. I S 932 (Part-1) of 1966, 1139-1966, 1786-

1979).

15. Laboratory for Testing work

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Whenever the testing of materials, concrete mixes, mortar and also of foundations of

completed works are required as per the detailed specifications or otherwise required

by the Engineer-in-charge, the same shall be carried out at the laboratory, selected by

the Engineer-in-charge at contractor’s cost and the results given by this laboratory

shall be considered correct and authentic by the contractor. The materials, mixes and

any other arrangements, including labours, shall be supplied by the contractor to the

Corporation free of cost. The samples for testing shall be taken in the presence of

Engineer-in-charge or his authorised representative present on site. The contractor or

his authorised representative shall have a free access in these laboratories, to get

himself satisfied about procedures of testing elc., Even if the contractor or his

authorised representative fails to remain present while collecting samples for testing

the results will be considered as authentic and binding on the contractor.

16. Hire of Construction Equipments

Construction equipments owned by the Corporation, if available and can be given on

hire conveniently, will be made available on specific request to the contractor at rates

that will be prescribed by the Corporation from time to time. Supervision

charges will also be levied as prescribed by the corporation from time to

time. The contractor shall execute the agreement bond as prescribed by the

corporation, and shall agree to the specific rates of hire and supervision

charges in force on the day of transaction in writing before machinery is

taken out of the corporation's yard by him. The contractor shall pay

irrevocable bank guarantee for a value equal to 25% of the cost of the

similar new machinery for a period equal to period of hire plus three

months, some such items of equipment are indicated below. Rated

Equipment

I. Tankers. II. Diesel Road Rollers III. Tippers IV. Dozers V. Loader VI. Seismopactor

The machinery shall be entirely in the custody of the Corporation & shall be

issued to the contractor at the yard where they are stationed The machinery

will not be allowed to leave the work area on any account. All machinery so

hired will be entirely operated and maintained by the Corporation in

consideration of the hire charges to be paid by the contractor.

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If any equipment is to be used in excess of 8 (eight) hours per day permission

of the Engineer-in-charge shall be obtained in advance

Reckoning of working hours will start from the time the machinery leaves

Corporations yard, where it has to return to it daily, and in other cases, when

the machinery actually starts working Closing time of working will be when it

returns to the corporation's yard or actually ceases working for the day

respectively.

Log books shall be maintained by the Engineer-in-charge or his authorised

representative for each piece of equipment in the form laid down by the

Engineer-in-charge. The contractor or his duly authorised agent shall verify

and sign in the log book or on the machinery duty slip in lieu thereof, daily, if

the contractor's representative fails to sign the log book, the entries made by

the corporation's representative shall be binding on the contractor. Any

complaint or representation regarding the recorded working hours must be

submitted in written within 24 (twenty four) hours of the close of the shift. The

Engineer's decision regarding such disputes pertaining to working hours shall

be final and binding on the Contractors or Complaints or representations made

after lapse of 24 (twenty four) hours limit shall not be considered. The log books shall

form the basis for raising debits against the contractor.

All expenses in respect of oil, fuel, grease, cotton waste etc. shall be borne by the

contractor. Crew for operating the equipment shall be provided by the Corporation.

All minor and major repairs shall be carried out by the Corporation to keep the

equipments in working condition. However in case of any breakage, damages, slips etc.

which may occur due to the negligence of contractor's labour, equipment or staff or by

reason for which corporation personnel are not responsible, the cost of such damages

shall be recovered from the contractor. The decision regarding fixing of responsibility for

any damages shall rest with the Engineer-in-charge and decision given by him shall be

binding on the contractor.

Equipment shall be given on hire only when these can be spared, No claim on

account of sickness or non-availability of machinery shall be entertained.

In case of damage to the equipment during haulage to site of work from Corporation

stores or servicing yard, full cost of repairs shall be recovered from the contractor when

damage is due to rough handling. The damage to tucks/ Tippers due to bad haulage

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roads will also be recovered from the contractor. Decision of the Engineer-in-charge

regarding of repairs and cause of damage shall be final and binding on the contractor.

A truck, tipper, tanker and any other equipment may be hired for a single day at a

time and the minimum charges to be levied will be 8 (eight) hours plus mileage or

for 8 (eight) hours when mileage is not applicable.

Compressor and concrete mixers shall not be hired for less than a day time and minimum

charges for hire will be that for four hours per day. Crusher shall not be hired for a period

less than a month, at a time, the minimum charges for hire will be those for 25 (twenty

five) days and 8 (eight) hours per day.

17. Bills and Payments

a. “One running payment in a month is permitted. Bill shall be submitted by the contractor

by 5th day of the month. Non-submission of the bill on the scheduled dates will absolve

the Corporation of the liability to make payment in stipulated schedule time.”

b. The format of running bill on which the bills are to be submitted by the contractor will

be supplied to the contractor by the Corporation. Printed copies of the bill form as per

this format shall be arranged by the contractor at his cost The bills in five copies shall

be submitted to the concerned Deputy Engineer, in the standard proforma only.

c. i) The final bill shall be submitted within one month of the date of issue of completion

certificate. The final bill shall be paid as per availability of funds.

ii) The contractor shall have to produce no dues certificate from the Sales Tax

Department, before the payment of final bill. Final bill will not be paid till the

submission of no dues certificate.

18. Security Deposit

The security deposit accumulated from deductions from the running account bills may

from time to time and at any time, on application by and at the cost of the contractor,

be converted into interest bearing Corporation Securities, approved by and in the

name of the corporation. Should the market value of the securities fall, for any reason

whatsoever below that specified, the contractor shall make good the same in cash or

as may otherwise be acceptable whenever called upon to do so or to replace the

security by other acceptable form to the Engineer-in-charge. The contractor shall bear

all charges for commission and brokerage incidental to the purchases, safe custody,

withdrawal and collection of interest on these securities.

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19. No Interest on money due to the Contractor

No omission by the Engineer to pay the amount due upon measurements or otherwise

shall vitiate or make void the contract nor shall the contractor be entitled to interest on

any guarantee bond or payment in arrears nor no any balance which may on the final

settlement of his account be found due to him.

20. OTHER CONTRACTOR FOR THE WORK

Corporation has the right to split up the project work detailed in the Work and Site Conditions, into distinct item and this contract shall apply only to those item which shall

have been specified in this contract. Should Corporation enter in to contract with other

contractors for specified Items of the project work, each contractor shall co-operate with

other to the fullest extent and allow other every facility and co-operation for execution of

their works simultaneously and satisfactorily as intended in the designs, specifications

and drawings.

Should there be a dispute or disagreement between the contractor for any cause

whatsoever, the same shall be referred to the Engineer-in-charge whose decision

regarding the coordination, cooperation and facilities to be provided by any of the

contractors to other shall be final and binding on all parties and such decision or

decisions shall not vitiate any contract nor absolve the contractor of his responsibilities

under the contract nor form the grounds for any claim of compensation.

21. CONTRACT DOCUMENT AND MATTERS TO BE TREATED CONFIDENTIAL

The contractor shall consider all documents, correspondence decision and orders

concerning the contract as confidential or restricted in nature and he shall not divulge or

allow access to them by unauthorized person.

22. ACCESS TO THE CONTRACTOR’S BOOKS

Whenever it is considered necessary by the Engineer-in-charge to ascertain the actual

cost of execution of any particular item of work or supply of plant or material he shall

direct the contractor to produce the relevant documents, such as payrolls, records, of

personnel, invoices of materials and any and all other data and documents relevant to

the item or necessary to determine its cost etc. and the contractor shall when so required

furnish information, pertaining, to the aforesaid item in the mode and manner that may be

specified.

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23. BREACH ON PART OF CORPORATION NOT TO ANNUL CONTRACT

No breach or non observance on the part of department of any of the conditions

contained herein shall annul this contract or discharge the contractor from the

observance and performance thereof, but on application by the Engineer-in-charge, an

extension of time may be given to the contractor in respect of such breach or non

observance by the Department, which shall be Governed by clause 6 of B-1 form.

The contractor shall not, however, be entitled to consideration or any extension of

time for any item of the work unless the contractor shall have made an application in

writing to the Engineer-in-charge within one month of arising of the cause needing such

extension, but the Engineer-in-charge may at his discretion, which shall be conclusive,

waive the condition regarding this period of one month.

24. OBSERVANCE OF LAWS, LOCAL REGULATION, NOTICE AND ATTACHMENTS

All local laws in force at the time of entering into the contract and that Enacted thereafter

shall be binding on the contractor and he shall abide by the same.

The contractor shall conform to all laws of land, regulation and bylaws of any local

authority. He shall before making any variation from the drawing or specification that may

be necessitated for so confirming give the Engineer written notice, specifying the

variation proposed to be made and the reasons for making them, and apply for

instructions thereon. Incase contractor shall not receive such instruction within 7 days

from receipt of notice, he shall proceed with the work confirming to the provisions,

regulations or bye laws in question and any variation in the drawing or specification so

necessitated shall be dealt with under respective clause in the tender. The contractor

shall given all notices all the required by the said acts, regulations or bye-laws and pay

all fees in connection therewith.

He shall also ensure that no attachments are made against materials or works related to

the contract. In every case referred to in this clause, the contractor shall protect and

indemnify Corporation against any claim or liability arising from or based on the violation

of such law, ordinance, regular decree or attachment by him or by his employee.

25. Personnel of the Contractor

The contractor shall, at all times, maintain on the work, a staff of duly qualified

Engineers and supervisors of sufficient experience of similar other jobs, to assure that

the quality of work turned out shall be as intended in the specifications. The contractor

shall also maintain at the work, a works manager of sufficient status, experience and

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office, and duly, authorize him to deal with all aspects of the day to day work. All

communications to and commitments by this works manager shall be absolutely

binding on the contractor.

The contractor shall supply to the Engineer-in-charge details of names, qualifications

and Experience in regards to all supervisory staff employed by Engineer-in-charges.

The contractor shall notify changes when made, and satisfy the Engineer regarding

the quality and sufficiency of staff thus employed.

The Engineer-in-charge will have the unquestionable right to ask for changes in the

quality and number of contractor staff. The contractor shall on written directives of the

Engineer-in-charge remove from the works any person employed thereon, who

may in the opinion of the Engineer-in-charge be incompetent or has misconduct

himself. Such person shall not be employed again, on the work, without the written

permission of the Engineer in -charge.

26. Death, Bankruptcy etc.

If the contractor shall die or commit any act of bankruptcy or being a corporation,

commences winding up except for reconstruction purposes or carry on its business

under a receiver, the executors, successors or other representatives in law of the

estate of the contractor or any such receiver, liquidator or any person whom the

contract may become vested shall forthwith give notice thereof in writing to the

Corporation and shall for one month, during which he shall take all reasonable steps

to prevent a stoppage of work, have the option of carrying out this contract subject to

his or their providing such guarantee as may be required by the Corporation, but not

exceeding value of the work, for the lime being remaining unexecuted In the event of

stoppage of work, the period of the option under this clause shall be fourteen days

only. Should the above option be not exercised, the contract may be terminated by

Corporation, by a notice in writing to contractor or his successor. The power and

provisions reserved to corporation in this contract of taking of the work out of the

contractor's hand shall immediately become operative. Copy of such notice shall be

pasted on work site and advertised in newspaper.

27. NOTICES, HOW TO BE GIVEN

Where the legal or other notice or any other documents or any other direction is to

be given is served upon the contractor, it shall be deemed to be duly given or served. if it

shall have been either delivered to him personally or to his recognized agent or works

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manager (including in the case of company, the secretary of such company) or delivered

at or sent through post addressed to the last known place of the business, or abode of

the contractor, a notice or other document which shall be so given to or so served on any

one of the partners in such firms, shall be deemed to have been given or served on all of

them.

27.A WORK ORDER BOOK

The contractor shall maintain bound work order book at work site as the Engineer-in-

charge may direct. This work order book shall have machine numbered pages in

triplicate. The contractor shall make them available to the Engineer-in-charge or his

representative, whenever called for.

Executive Engineer or his representative may record order about works in this book,

leaving the original copy in the book and removing the second and third copy with him.

The contractor or his authorized representative, shall also sign this work order, in token

of its acceptance.

All orders recorded in this work order book shall be deemed to have been served on the

contractor. On completion of the work all the work order books may be handed over to

the Executive Engineer.

In the event of refusal of the contractors representative on the spot to sign the work order

book, Engineer-in-charge shall take the necessary further step in respect of further

communication and control, modification or stoppage of work as deemed fit at the entire

responsibility of the contractor

28. PASSING OF FOUNDATIONS ETC.

After the completion of the work of erection of equipment and before finally grouting the

foundation all levels and alignments will be checked and passed by the Executive

Engineer no concrete grouting shall be laid unless the foundation is so passed. No

concreting shall commence unless the centering and the reinforcement is checked and

passed by the Engineer-in-charge.

29. REFERENCE TO STANDARD SPECIFICATIONS

The specifications of the work enclosed with this contract document are drawn with a

specific reference to the site conditions and do not every where include the details of the

standard sets and procedures which are already laid down and available in the current

Indian Standard Specifications. Wherever such details are not specified in this contract,

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the provision under current Indian Standard Specifications and/or the Standard

Specifications (1970) of the Government of Maharashtra shall be deemed to be

applicable.

30. COMMUNICATIONS AND NOTICES BY CONTRACTOR

All communications and/or notices pertaining to works and concerning matters, such as

passing and approving foundation, equipment, construction, drawing, measurements,

mark outs, etc. shall not be addressed by the contractor to an officer below the rank of

sub-divisional officer. All such notice, communications, etc. shall be addressed in good

time so as not to hold up the work.

31. NON-COMPLIANCE OF CONTRACT CONDITIONS

If the contractor shall neglect or fail to proceed with the works, with due negligence or he

violates any of the provisions of the contract, the Engineer-in-charge may give notice to

the contractor, identifying deficiencies in performance and demanding corrective action.

The Engineer-in-charge, shall also clearly state in the notice the nature of action, that

shall be taken, if contractor fails to fulfill by necessary corrective action.

Depending upon nature of default the Engineer-in-charge at his discretion, shall have

two options regarding action to be taken in case of default by contractor. He shall

withhold any of the payments due to the contractor or shall terminate the contract in

whole or in part. But Engineer-in-charge shall, clearly mention in his notice the action that

shall be taken if the contractor fails to take the corrective action. The period of 14 days

shall be given to the contractor to take such corrective action after the issue of such

notice.

No claims for compensation of any sort, from contractor, will be entertained for with

holding the bills indefinitely till the contractor complies with specified requirements.

After the issue of the notice about default by the contractor, the contractor shall not

remove, from the site any plant, equipment and materials. The Department shall have a

lien on all such plants, equipments and materials, from the date of such notice, till

deficiencies have been corrected.

32. EXTRA ITEMS.

Extra items of work shall no vitiate the contract. The contractor shall be bound to execute

extra items of work as directed by Engineer in charge. The rates for extra items will be

governed by the provisions of Clause 14 and 30 of conditions of contract.

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However no extra items can be started without prior written permission from the Engineer

incharge

The escalation is payable for the extra items, since the rates for them are to be fixed as

per the current DSR or as mutually agreed, without yearly revision.

The price variation clause shall be applicable with the initial basic indices of the calendar

month in which the order for carrying out extra items is issued by the Engineer in charge.

33. PRICE VARIATION. Price Variation Clause : If during the operative period of the Contract as defined in condition (i) below,

there shall be any variation, in the Consumer Price Index (New Series) for Industrial

workers for Aurangabad center as per the Labour Gazette published by the

Commissioner of Labour, Government of Maharashtra and /or in the whole-sale Price

Index for all commodities prepared by the office of Economic Adviser, Ministry of

Industry, Government of India, or in the Price of Petrol/Oil and lubricants and major

construction materials like bitumen, cement, steel, various types of metal pipes etc., then

subject to the other conditions mentioned below, price adjustment on account of..

(1) Labour Component.

(2) Material Component.

(3) Petrol, Oil and Lubricants Component.

(4) Bitumen Component.

(5) HYSD & Mild Steel Component.

(6) Cement Component.

(7) C.I. & D.I. Pipes Component.

Calculated as per the formula hereinafter appearing shall be made. Apart from these,

no other adjustments shall be made to the contract price for any reasons whatsoever.

Component percentage as given below are as of the total cost of work put to tender.

Total of Labour, Material & POL components shall be 100 and other components

shall be as per actuals.

(1) Labour Component- K1 -----%

(2) Materials Component- K2 -----%

(3) POL Component- K3 -----%

(4) Bitumen-Component. Not Applicable

(5) HYSD & Mild Steel Component. As per actual

(6) Cement Component. As per actual

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(7) C.I. & D.I. Pipe Component. Not Applicable Note : If Cement, Steel, Bitumen, C.I. & D.I. Pipes are supplied on Schedule ‘A’,

then respective component shall not be considered. Also if particular component is

not relevant same shall be deleted.

1. Formula for Labour Component :

V1 = 0.85P ( KL X L1 – L0) 100 L0 Where, V1 = Amount of price variation in Rupees to be allowed for Labour Component.

P = Cost of Work done during the quarter under Consideration minus the cost of

Cement, HYSD and Mild Steel, Bitumen, C.I. & D.I. Pipes calculated at the basic star

rates as applicable for the tender, consumed during the quarter under consideration.

STAR RATE FOR

I) Cement Rs ------ per Bag

II) Steel Rs ------ per Qtl.

K1 = Percentage of labour component as indicated above.

Lo = Basic consumer price Index for -----------center shall be average consumer price

Index for the quarter preceding the month in which the last date prescribed for receipt

of tender, falls.

L1 = Average consumer price Index for --------- center for the quarter under

consideration.

2. Formula for Materials Component :

V2 = 0.85 P ( K2 X M1 – Mo ) 100 Mo

Where,

V2 = Amount of price variation in Rupees to be Allowed for Material component.

P = Same as worked out for labor component.

K2 = Percentage of materials component as indicated above.

M0 = Basic wholesale price index for the quarter preceding the month in which to the last date prescribed for receipt of tender, falls.

M1 = Average wholesale price index during the quarter under consideration.

3. Formula for Petrol, Oil and lubricant Component.

V3 = 0.85 P ( K3 X P1 – Po ) 100 Po

Where,

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V3= Amount of price variation in Rupees to be Allowed for POL component

P = Same as worked out for labour component.

K3 = Percentage of Petrol, Oil & Lubricant component.

P0 = Average price of HSD at Deulgaon Mahi during the quarter preceding the month in Which the last date prescribed for receipt of tender falls. P1 = Average price of HSD at ----------- during the quarter under consideration. 4. Formula for Bitumen Component. V4 = QB (B1 - B0)

V4 = Amount of price variation in Rupees to be Allowed for Bitumen component.

QB = Quantity of Bitumen (Grade..) in metric tonnes under in the permanent works and

approved enabling works during the quarter under consideration.

B1 = Current, average ex-refinery price per metric tonne of Bitumen (Grade..) under

consideration including taxes (octroi, excise, sales tax) during the quarter under

consideration.

B0 = Basic rate of Bitumen in rupees per metric tonne as considered for working out value of P or average ex–refinery price in rupees per metric ton including taxes (Octroi , excise, sales tax) of Bitumen for the grade of bitumen under consideration prevailing quarter preceding for month in which the last date prescribed for receipt of tender, falls, whichever is higher. 5. Formula for HYSD and Mild Steel Component V5 = SO ( SI1 – SIo ) X T

SI0 Where, V5 = Amount of price variation in Rupees to be Allowed for HYSD / Mild Steel

Component

S0 = Basic rate of HYSD /Mild Steel in rupees per metric tonne as considered for

working out value of P.

SI1 = Average Steel Index as per RBI Bulletin during the quarter under consideration.

SI0 = Average of Steel Index as per RBI Bulletin for the quarter preceding the month in

which the last date prescribed fro receipt of tender, falls.

T = Tonnage of steel used in the permanent works for the quarter under consideration. Star rate for steel is Rs. --------/ Qtl 6. Formula for Cement Component: V6 = C0 ( CI1 - CI0 ) X T CI0

V6 = Amount of price escalation in Rupees to be Allowed for Cement Component

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C 0 = Basic rate of Cement in rupees per metric ton as considered for working out value

of P.

CI1 = Average Cement Index Published in the RBI bulletin for the quarter under

consideration.

CI0 = Average of Cement Index published in the RBI bulletin for the quarter preceding

the month in which the last date prescribed fro receipt of tender, falls.

T = Tonnage of Cement used in the permanent work for the quarter under

consideration.

Star rate for cement is Rs -------/bag 7. Formula for C.I. / D.I. Pipe Component: V7 = Qd (D1 – D0) Where V7 = Amount of price escalation in Rupees to be Allowed for C.I. / D.I. Pipe

Components. D0 = Pig Iron basic price in rupees per tonne considered for working out value of P. D1 = Average Pig Iron Price in rupees per tonne during the quarter under consideration

(published by I ISCO) Qd = Tonnage of C.I./ D.I. pipes used in the woks during the during the under consideration. The following conditions shall prevail. The Operative Period of the Contractor shall mean the period commencing from the date

of the work order issued to the Contractor and ending on the date on which the time

allowed for the completion of the works specified in the contract for work expires, taking

into consideration the extension of time, if any, for completion of the work granted by

Engineer , under the relevant clause of the conditions of contract in cases other than

those where such extension is necessitated on account of default of the contractor. The

decision of the Engineer as regards the operative period of the contract shall be final and

binding on the contractor. Where any compensation for liquidated damages is levied on

the contractor on account of delay in completion or inadequate progress under the

relevant contact provisions, the price adjustment amount for the balance of work from the

date of levy of such compensation shall be worked out by pegging the indices L1, M1, C1,

P1, B1,SI1 and CI1 to the level corresponding to the date from which such compensation

is levied

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ii) This Price Variation clause shall be applicable to all contacts in B1/ B2 & C form

but shall not apply to piece works. The price variation shall be determined during

each quarter as per formula given above in this clause.

iii) The Price Variation under this Clause shall not be payable for the extra items

required to be executed during the completion of the work and also on the excess

quantities of items payable under the provisions of Clause 38/37 of the contract

form B1/B2 respectively. Since the rates payable for extra items or the extra

quantities under Clause 38/37 are to be fixed as per Current DSR or as mutually

agreed to yearly revision till completion of such work. In other words, when the

completion/ execution of extra items as well as extra quantities under clause 38/37

of the contract form B1/B2 extends beyond the operative date of the DSR then

rates payable for the same beyond the date shall be revised with reference to the

current DSR prevalent at that time on year to year basis or revised in accordance

with mutual agreement thereon, as provided for in the Contract, whichever is less.

iv) This clause is operative both ways, i.e. if the price variation as calculated above is

on the plus side, payments on account of the price variations shall be allowed to

the contractor and if it is on the negative side, the Government shall be entitled to

recover the same from the contactor and the amount shall be deductible from any

amounts due and payable under the contract.

v) To the extent that full compensation for any rise or fall in costs to the contractor is

not entirely covered by the provision of this or other clauses in the contract, the

unit rate and prices included in the contract shall be deemed to include amounts to

cover the contingency of such other actual rise or fall in costs.

34. CLAUSE DELETED.

35. CO-ORDINATION WITH THE OTHER CONTRACTORS

The contractor should note that there would be other agencies including Corporation,

working in the same area for works other than that included in this contract. The

contractor shall co-operate with these agencies to the fullest extent and shall allow them

104


reasonable facilities and coordination for execution of work, simultaneously and

satisfactorily as intended in the contract conditions, specifications and drawing.

Should there be a dispute or disagreement between the contractor and other agencies

for any cause whatsoever the same shall be referred to the Engineer-in-charge whose

decision regarding

coordination and facilities to be provided by all the contractors to others shall be final and

binding on all parties and such decision shall not vitiate any contract or absolve the

contractor of his responsibilities under the contract, and shall not form ground for any

claim or compensation.

36. Undertaking under Contract Labour Act.

The contractor shall furnish the undertaking towards implementation of Contract Labour

Act as given in Appendix 'F'.

37. Photographs of the Work

The contractor will not be allowed to take photographs showing field work or the general

location of the work. The Engineer-in-charge may however, at his discretion, allow a few

construction photographs to be taken for the purpose of the contractor's record. Prior

approval of the Engineer-in-charge should be obtained in such cases and also in case

such photographs are to be exhibited in public literature and calendars etc. in all such

cases, negatives of the photos shall be submitted to the Engineer-in-charge, after taking

approved number of copies and the negative will become the absolute property of the

Corporation.

38. FENCING, LIGHTING AND VENTILATION

(a) The contractor shall be responsible for the proper lighting, fencing,

guarding and necessary health and safety measures while executing all works under this

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

caution notices etc. as far as the same may be rendered necessary by reason of the

work, for the accommodation of workmen, foot passenger or other traffic and of owners

and occupiers of adjacent property and of all public shall remain responsible for any

accident that may occur on account of his failure to take proper and timely precaution.

(b) Maintenance of Services : After all the work under his contract is

completed and accepted as such in case the Engineer-in-charge so directs, the

contractor shall maintain the lighting, ventilation, communication facilities etc. upto the

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date determined by the Engineer-in-charge, but not longer than for the period of twelve

months. All reasonable charges for such maintenance otherwise not required by the

contractor for his purposes under the contracts will be borne by the Government. As

regards, the reasonableness of such charges, the decision of the Engineer in-charge

shall be final and binding on the contractor.

39. LIABILITY FOR ACCIDENTS TO PERSONS

It shall be contractor's responsibility to protect against accidents on the work site. He

shall indemnify the Department against any claims for damage to the property, injury to

workers or any other persons, deaths etc.

On the occurrence of an accident resulting in death or which is so serious as to be likely

to result in death, the contractor shall within 24 hours, report in writing to the Engineer-in-

charge, the facts stating clearly about the circumstances in which accident has occurred

and subsequent action taken. Other minor accidents causing minor injuries and loss to

property should be communicated in writing promptly to the Engineer-in-charge. In all the

cases the contractor shall indemnify the Department against all losses or damage

resulting directly or indirectly from the contractor failure's to report in the manner

aforesaid. This include penalties or fines if any, payable by the department as a

consequence of failure to give notice under the workman's Compensation act or failure to

conform to the provision of the said act in regard to such accidents.

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

the workman's compensation act VIII, of 1923 including all subsequent modification

thereof, Engineer-in-charge may retain the sums of money as may in the opinion of

Engineer-in-charge be sufficient to meet such liability out of the amounts payable to the

contractor These sums shall be recovered from the immediate payment due to the

contractor in one installment or in more than one installment. The decision of the

Engineer-in-charge regarding this shall be final and binding on the contractor. On the

receipt of award from the authority under labour compensation Act, the balance amount

shall be reimbursed to or recovered from the contractor.

It should be noted that though the Corporation is a principal employer, the complete

responsibilities of compensation should be on the contractor.

40. The contractor to supply and be responsible for the sufficiency of the means employed : -The contractor shall supply and take upon himself the entire responsibility

of the sufficiency of the scaffolding, timbering, machinery, tools, implements and

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generally of all the means irrespective of whether such means may or may not have

been approved of or recommended by the Engineer-in-charge and the contractor must

accept all risks of accidents or damages from whatever cause they may arise, until the

completion of this contract

41. Covering of Work : - The contractor shall give not less than seven days notice in

writing to the Engineer-in-charge of the work which is proposed to be covered up or

placed beyond the reach of measurements so that the measurements may be taken

before the work is covered up or placed beyond the reach of measurements. No work

shall be covered up or placed beyond the reach of measurements, before ensuring that

the measurements of work to be covered up are recorded. Any work covered up or

placed beyond the reach of measurements without such notice having being 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 materials

with which the same was executed.

42. Quantities of work

The quantities of works under the various items in the ‘Schedule ‘B’ Part I, Schedule

of quantities and bid rates as estimated by the Corporation, have been provided as

could be reasonably anticipated and should be taken as indicative only. The amount

of work will depend upon the actual conditions that will encountered in the

construction and the results of detailed designs which will continue to be refined as

more field data and information comes to hand. IF the work is started by the

corporation, the quantities put to tender shall be reduced to the extent the work is

done by the Corporation upto the date of starting the work by the contractor. No

claims due to reduction in quantity on this account will be entertained.

43. Accuracy of Lines, Levels and Grades Setting Out

a. The contractor shall be responsible for the true and proper setting out of the work

and for the correctness of the position, levels, dimensions, alignment of all parts of

the work and for the provisions of all necessary instrument, appliances and Labour in

connection with this contract.

b. For the purpose of setting out, one permanent bench mark shall be established by

the Corporation near the site, the value of which shall be given to the contractor, by

the Engineer-in-charge on demand by the contractor. Similarly the reference line in

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the form of center line of components, if found necessary by the Engineer - in -

charge for complete setting out of the structure shall be given. All the setting out

shall be done by the contractor with reference to this bench mark and reference

line.

c. If at any time during the progress of works the error shall appear or arise in the

position, level, dimension or alignment of any part of the work, the contractor shall

rectify such error to the satisfaction of the Engineer-m-charge without any extra cost

to the Corporation.

d. The periodical checking of these by Corporation staff shall not absolve the

contractor of his responsibility regarding accuracy. In case of deviation, the

contractor shall make good the discrepancy at his own cost and without any

compensation for additional work involved. Wherever such discrepancies, if any are

found to arise between the works of different contractors at the junction of the works,

the relative liability to set right their respective discrepancies shall be fixed by the

Engineer-in-charge. whose decision shall be final and binding on the contractors

concerned. The Engineer-in-charge shall further have the unquestioned right to

rectify the discrepancies and recover the costs from the contractor or contractors

according to proportions as he may consider reasonable.

e. It is responsibility of contractor to preserve the benchmark and the reference points

established for setting out.

44. Excavated Material

All the material available from excavation will be the property of Corporation and shall

be disposed off only as directed by the Engineer-in-charge. The materials of

approved quality available from the excavation including that carried out by the

Corporation may be used by the contractor in the items of works included in this

contract for ancillary or preparatory work, free of cost Prior approval of Engineer-in-

charge for such use shall however be taken. The contractor shall make proper

arrangements for sorting out and stacking material of approved quality that he

proposes to use as aforesaid. Corporation will be free to make use other materials

not required or not likely to be required for use by the contractor as will be

determined by the Engineer-in-charge.

The excavated material not to be used by the contractor as above or stacked for his

use, but remaining unused at site after completion of works, shall be disposed off by

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the contractor at his own cost in a manner and at place shown in the drawings or as

and where the Engineer-in-charge may direct. The contractor should utilize material

available from excavated stuff for backfilling.

45. Safety Measures

The contractor shall arrange for the safety in his operations as required, including the

provisions in the safely manual published by the Central Water and Power

Commission, New Delhi. (Jan. 1962 Ed) In case the contractor fails to make such

arrangements the Engineer-in-charge shall be entitled to cause them to be provided

and to recover the cost thereof from the contractor. The following are some of the

measures listed, but the same are not exhaustive and the contractor shall add to and

suggest these precautions on his own where necessary and should comply with the

directions issued by the Engineer-in-charge in this respect from time to time and at all

times.

i) Providing protective head guard to workers in the works like deep excavation to protect

them against fall of overburden materials.

ii) Getting the workers in such jobs periodically examined for chest trouble due to too

much breathing in fine dust.

iii) Taking such normal precaution like fencing and lighting to excavations or trenches,

not allowing, nails or metal parts or useless timber spread around, marking danger area

for blasting whistles etc.

iv)Providing sufficient suitable and safe access to all spots including ladders, gangways,

platforms, etc. avoiding naked wires etc. which would electrocute the workers.

v) Taking necessary steps towards training the workers concerned on the use of

machinery before they are allowed to handle them independently and taking all

necessary precautions in and around areas where machines hoists and similar units are

working.

46. Maintenance

After the works are completed in all respect in accordance with the contract condition, a

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

From the date of issue of the completion certificate, till the expiry 06 months, the

contractor shall be liable for replacement of any part of plant or work found lo be

defective from the causes arising from faulty materials or workmanship or other causes,

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

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for making good for damage arising there from. On completion of the work in all

respects necessary certificate will be issued by the Engineer and the defect liabilities

period of 06 months will be counted from the date of such certificate

All damages during execution and guarantee maintenance period of 06 months shall

be made good by the contractor at his own cost and no separate payment will be made

for restoring such damage/ defects/ losses. All charges towards running, operation,

maintenance will be borne by contractor for two years after commissioning of the

scheme except energy charges.

47. Sundays and Holidays.

No work shall be done on weekly local holidays or on other Government holidays duly

Gazetted or on holidays observed by local usage without the prior sanction of the

Engineer-in-charge. Withholding of such sanction shall not term any ground for

compensation or extension of time limit.

If on the other hand, the Engineer-in-charge directs that the work shall be proceeded

with on days and during hours otherwise not permissible under this contract, the

contractor shall proceed with the works as directed, without in any way violating this

contract or forming any grounds for compensation or claim.

The contractor shall, in his dealing with labour at all times during the period of this

contract, have due regard to local festivals, religious and other customs and all relevant

laws.

48. Bank guarantee

Bank guarantee shall be on the Non-Judicial Stamp Paper of Rs. 100/- in the form

prescribed by the Corporation The bank guarantees shall be valid for the entire period of

contract including defects liability period, It will be the responsibility of the contractor to

get the validity of the bank guarantee extended at least one month prior to the expiry

date, from time to time, failing which the Bank Guarantees shall be encashed by the

Corporation one month before the expiry date of Bank Guarantee(s) and cash accrued

shall be at the disposal of the Corporation without interest.

49. HANDING OVER OF WORK

All the work and materials, before finally taken over by the Corporation will be the

entire liability of the contractor for guarding, maintaining and making good any damages

of any magnitude, interim payments made for such work will not alter this position. The

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handing over by the contractor and taking over by the Executive Engineer or his

authorized representative will be always in writing of which copies will go to the Executive

Engineer or his authorized representative and the contractor. It is however, understood

that before taking over such work, Corporation will not put it into regular use as distinct

from casual or incidental one, except as specifically mentioned else where or as mutually

agreed to.

50. Instrumentation

The instruments required to be installed as per VIDC guidelines such instruments and

their accessories shall be procured and installed by the Contractor as per programme

framed by the Engineer-in-charge. Care should be taken by the contractor to protect

these instruments as well as their connections during various construction operations.

The contractor shall also extend all facilities for installation and observation of these

instruments. All the operations required for facilitating the installation of the instruments

shall stand included in the financial bid of contractor.

51. Inspection of Works

The Engineer-in-charge or his duly authorized representative shall have all times full

power to inspect the work, whenever in progress either on the site, in the contractor's

premises or the work site. Further contractor shall not without written authorization,

permit entry on site of work any person except authorized representative of the

Corporation or the Engineer or the contractor's staff and Labour directly engaged on and

in connection with the work.

The contractor shall, at his cost, provide all necessary facilities for proper inspection and

supervision of the work gangways, platforms, scaffolding and ladders, etc. of suitable

dimensions and sufficiently strong at appropriate locations and all access to passages

etc. shall be well lighted and maintained in good order. The Engineer's decision about

the sufficiency and adequacy thereof shall be final.

The contractor shall, during working hours, maintain supervisor of sufficient training and

experience to supervise various item and operations of the work and the said supervisors

shall remain present during inspections of the Engineer. All order and directions given to

such supervisors or other staff of the contractor shall be deemed to have been given to

the contractor directly Further the Engineer may, by due notice to the contractor, direct to

be present on any specified inspection and the contractor shall comply with such

directions.

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52. Opening out Works :- Should the Engineer consider, it necessary, in order to

satisfy himself as to the quality of work, the contractor shall at any time during the

continuance of the contract pull down or cut into any part of the work and make such

openings into and to such an extent through the same as the Engineer may direct and

the contractor shall make good the same at his cost and to the satisfaction of the

Engineer. 53. Removal of Imperfect Work

If it shall appear, that the work has been executed with unsound, imperfect or of an

inferior quality or otherwise not in accordance with the contract documents, the

contractor shall at his own cost rectify, reform, remove or reconstruct the same, wherein

whole or in part as may be, directed by the Engineer, whether or not, the value of any

such work or material shall have been included in any payment made to the contractor.

The decision of the Engineer-in-charge shall be final and binding on the contractor. The

Executive Engineer may, if he thinks fit, allow such work to be paid at reduced rates and

his decision will be final and binding, provided further that the rates fixed by the

Engineer, be not acceptable to the contractor, he shall have the option to replace the

defective work or materials with ones in accordance with specified standards.

54. Jurisdiction of Court for Disputes

Disputes, if any, arising out of this contract shall be subject to the Jurisdiction of High

Court of Mumbai bench at Nagpur.

55. Mode of payment of the quantities of excavation, masonry and concrete items executed in excess of 125%.

Clause No. 38 of B-1 tender form pertains to payment of quantities of different items of

schedule ‘B’ in excess of 125% of the tendered quantities. It is to be clarified that, in

case of items of excavation in soft strata and hard strata, in the present tender, this

clause will become applicable only if the total quantity of excavation ( i.e. quantity given

in schedule ‘B’ of excavation in soft strata plus quantity given for excavation in hard

strata ) exceeds 125% during execution, for payment of quantity executed in excess and

125% of total quantity of excavation, following procedure will be applied.

Case-1

Where quantity of excavation executed exceeds 125% of total of tendered quantity of

items of excavation in soft strata and in hard strata, but quantity executed of any one of

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the individual items is less than or equal to the tendered quantity for that item. All the

excess quantity beyond 125% of the total tendered quantity in items of excavation in soft

strata and hard strata taken together, will be paid by revising the rate of only that item

where excess has occurred.

Case-2

Where total quantity of excavation executed for both items (excavation in soft strata and

in hard strata) exceeds 125% of the total tendered quantity of items of excavation,

quantity in excess of 125% of total tendered quantity will be distributed in ratio of:

Executed quantity of individual item of excavation, . Total executed quantity of items of excavation in soft stata and hard stata.

And will be paid by revising the rate of individual item as per clause 38(2), subject to the

provision that the revision of rate will be applicable only for the quantity of individual item

executed beyond the tender quantity.

In case of executed quantity is less than 75% of the total quantity of excavation in soft

stata and hard stata, these will be treated on similar lines as in case (1) and (2) above.

Case-3

Where total quantity of all masonry items taken together exceeds 125% of the total

tendered quantities of all masonry items, quantity in excess of 125% of total tendered

quantity will be distributed in the ratio of :

Executed quantity of individual item of masonry, . Total executed quantity of all masonry items taken together

and will be paid by revising the rate of individual item as per clause 38(2), subject to the



In case of executed quantity is less than 75% of the total quantity of all masonry items

taken together, these will be treated on similar lines as in case (1) and (2) above.

Case-4

Where total quantity of all concrete items taken together exceeds 125% of the total

tendered quantities of all concrete items, quantity in excess of 125% of total tendered

quantity will be distributed in the ratio of :

Executed quantity of individual item of concrete, . Total executed quantity of all concrete items taken together

and will be paid by revising the rate of individual item as per clause 38(2), subject to the



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In case of executed quantity is less than 75% of the total quantity of all concrete items

taken together, these will be treated on similar lines as in case (1) and (2) above.

For payment of quantities in excess of 125% of tendered quantity for items other than

excavation, masonry and concrete items, provision of clause 38(2) of B-1 tender form will

be applicable.

56. Mode of payment of excavation quantities in running and finial bill

Payment of work done under items of excavation in soft strata and hard strata will be

made of 90 % of the contract rate in RA Bills for all excavated quantities till the finial

designed cross section of component has decide by the Engineer in charge is reached.

The Component cross section as per design shall be deemed to have been reached only

if no work remains to be executed between the two adjacent cross sections. 100% of

payment at contract rate in RA Bills may be released only after the work of Excavation is

completed between two adjacent cross sections.

56 (A). In case of agreements for the “construction of Earth work and structures on canal” the following provision shall apply.

If the contractor has not achieved the targets as per physical programme of all items of

work particularly with reference to the structures on canal , where the progress on

structures has not been hampered for want of land, detailed design, or any other

difficulties (Which the contractor has pointed out before hand and dully acknowledged by

the Engineer in charge ) 20 % deduction shall be effected from the payments of items of

earth work in the running bills, till the contractor achieves the desired progress on the

works of structures and the payment so deducted will be released depending upon the

progress on work of structures as detailed below. The total deduction ( 20 % of Earth

work ) so made will be restricted to 10 % of the Estimated cost of work as shown in the

tender

Sr. No. PROGRESS ON STRUCTURES AMOUNT TO BE RELEASED

1 25 % of cost of work of structures 25 % of Amount deducted




57. Location & Layout :The VIDC reserves the right to change the location of different

components of work, amend the layout; due to any reason whatsoever. No claim of any

nature due to above change shall be entertained.

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58. Insurance of contract work

The contractor shall take out necessary insurance policy /Policies so as to provide

adequate insurance cover for excavation of the awarded contract work from the

Directorate of insurance, Maharashtra state , Mumbai – 400051 only . Its postal address

for correspondence is 264,MHADA , opp. Kalanagar, Bandra(E) ,MUMBAI -400051

(Telephone No. 6438403 Fax No. 648461/6438690 ) I insurance policy /Policies taken

out from any other company will not be accepted . However , if the contractors desire to

effect insurance with the local office of any insurance company. The same should be

under the CO. insurance , cum servicing agreements approved by the directors of

insurance. The policy taken out by the contractors in on Co. insurance basis (G.I. 1.60%

and Insurance company 40 % ) The same will not be accepted and the amount of

premium calculate 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.

59. Building & Other Construction Employee Welfare Cess under rule 1996

(Employment & Service Clauses Regulation) @ 1% of the agreement value of the work

shall be recovered from bills payable to contractor

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SPECIFICATIONS



Sr.

No. Section No. Particulars Page No.

1 Section 1 General Specifications 116 to 124

2 Section 2 Excavation 125 to 127

3 Section 3 Embankment 128 to 137

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SECTION-1 GENERAL SPECIFICATION

1.0.0 SCOPE The general specification shall apply to all items of Schedule 'B' under this

Tender. 1.1.0 GENERAL DESCRIPTION OF THE PROJECT

The information is given in Annexure “A” to section l'- Detailed Tender Notice.

1.1.1 WORK AND SITE CONDITION

lt shall be presumed that the Contractor has acquainted fully himself as to the nature and locations of works, general and local conditions and particularly those having bearing on approaches to the site, location of stone and sand quarries, availability and transport of material tools and plants machinery disposal areas availability of labour, weather conditions and River stages etc. and has estimated his cost accordingly. corporation will bear no responsibility for any .lack of such acquaintance with site conditions on the part of the contractor and consequence thereof to the contractor. The information about site conditions shown in the drawings and mentioned herein is furnished as a rough guide only'but Corporation will not be responsible for the accuracy three or for any deductions interpretations and conclusions drawn there from by the contractor.

1.1.2 Results of trial pits and exploratory bores taken along the canal axis are as shown in the drawings. The Corporation does not accept any responsibility for any variation in strata classification found in actual excavations.' 1.1.3 CLIMATIC CONDITIONS

The information is given in Annexure “A” to Section 1- Detailed Tender Notice.

1.1.4 LABOUR AVILABILTY

Some local unskilled labour may be available during non agricultural season but skilled labour may not be available. Contractor must however make his own enquires.

1.1.5 LOCATION

The information is given in Annexure “A” to SECTION -1 Detailed Tender Notice.

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1.1.6 RAIL ROUTE

The information is given in Annexure “A’’ to SECTION -1 of Detailed Tender Notice .

1.1.7 ROADS

The information is given in Annexure “A” SECTION -1 Detailed Tender Notice.

1.1.8 WATER SUPPLY

The Contractor will have to make his own arrangements for the water supply required for his work staff and labour. He will have to provide all arrangements for making water potable and safe for drinking by his staff labourers and other dependents on Contractor's services. Disinfection of all drinking water by chlorination will be obligatory on the part of the Contractor. Fresh and potable drinking water shall be made available by the Contractor to all persons working at work spots in clean and hygienic earthen or other pots at all working places and in sufficient quantity.

1.2.0 ELECTRIC POWER

Electric power if required shall be arranged by the contractor at his own efforts and cost and he shall have to make his own arrangements for laying installation maintaining the power lines etc. He should observe all requirements of the Indian Electricity Act. 1910,1948. Indian Electricity rules 1956 and rules in existence and framed from time failure to which Corporation accepts no responsibility for any damage, injury or compensation.

1.3.0 TELEPHONE AND TELEGRAMS

Nearest telephone and telegraph facilities are available at the places indicated in

Annexure “A” to SECTION - 1- of Detailed Tender Notice. 1.4.0 COLONY

ESTABLISHMENT OF COLONY The Contractor shall be allowed to construct his own colony for his workers and Supervisory staff within the limit of Corporation land, if available.

The land used by the Contractor for his staff and labour colony shall be handed over back to the Corporation within three months after the physical

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completion of work or termination of the contract whichever is earlier duly cleared and fairly brought to the original condition. No structure of constructions shall be left on the land at the time of vacating it without the specific approval of the Engineer-in-charge. The contractor shall prepare and submit his proposed plan of colony either for the Labourers or for the supervisory staff. The Contractor shall have to construct and maintain all access and approach roads etc. in his colony areas at his own cost. Any modifications changes and alterations suggested by the Engineer-in-charge in respect of area of colony, layout of roads etc. will be binding on the Contractor and shall have to be done at his cost. '

1.4.1 SANITATION AND UP KEEP OF COLONY

The Contractor shall be responsible for maintaining satisfactory water supply and sanitary facilities in his labour camp and for his other staff. He will take precautions not to allow any unhealthy and insanitary conditions in his camp. The Engineer-in-charge shall have the right to inspect the Contractors colonies at any time and to suggest improvement, modification etc. with special regards to cleanliness and sanitation, sewage water and garbage disposal, any other nuisance, and proper layout, which shall be binding on the Contractor.

The contractor shall provide adequate number of portable chemical closets for use and urinals and water closets, and make proper lighting and scavenging arrangements to the satisfaction of Engineer-in-charge. Separate arrangements should be made for female labour:

1.4.2 CAMP REGULATIONS

The Contractor shall be responsible for maintaining law and order in his camp and on his work and to that end shall employ such officers, watchmen labour etc. as required. Unauthorized and undesirable persons shall be expelled from the camp and from the works, lf in the opinion of Engineer-in-charge any employee or agent of the contractor misbehaves or causes obstruction in proper execution of work or otherwise makes himself undesirable, 'the Contractor shall on receipt of instructions from the Engineer-in-charge remove him from premises.

MEDICAL AID

The Contractor shall arrange all the necessary medical facilities for his staff and labour at his own cost and to the satisfaction of the Engineer-in-charge

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GENERAL The Cost for sanitation and supply of drinking water is deemed to have been included in the unit rates of items of work.

1.50 MATERIALS 1.5.1 PETROL, OIL AND LUBRICANT

The Contractor shall have to install his own supply for petrol and diesel at the site the location of pumps shall have to be got approved from the Engineer-in-charge and usual precautions which are necessary, for such installation will have to be taken

1.5.2 STONE FOR RUBBLE MASONRYAND FOR METAL

The Contractor shall make his Own investigation regarding, location of-quarries, quality of stone and adequacy of the various sources of stone in quarry are as known to him. Excavated material of hard rock excavation has been dumped on the canal site. Contractor can make use of this material. Material has to' be sorted out by Contractor at his cost and should be got approved from the Engineer-in-charge before its use in the work. However it is for Contractor to investigate the quarries which will yield stone in sufficient quantities and of required quality. Over burden on quarry shall have to be removed by the Contractor at his own cost.

The locations of quarries have to be such that they do not affect permanent structures and should not be near the existing or proposed habitations. The locations and size of the quarries shall be subject to the approval of the Engineer-in-charge; on it's opening does not yield adequate or suitable stone, no claims can be raised against the Corporation. In that case other quarries will have to be established by the Contractor at his own cost and risk and the stone got approved from the Corporation for its quality before using it in the work.

lf the quarries located are in private properties the Contractor shall negotiate with the respective owners and shall attend to legal rights and attend to payments etc. to. the concerned parties for operations of these quarries at his own cost. Similarly he shall make arrangements for roads leading to and from the stone quarries to the work site at his own cost.

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1.5.3 SAND The Contractor is advised to make his own enquiries regarding adequacy, proper quality and cost of sand approaches to quarries etc. The sand quarry to be used and any change in location shall have prior approval of the Engineer-in-charge.

The Contractor shall, however obtain permission from Revenue and other authorities before removing the material and shall pay royalty and other taxes. Octroi duty escort fee, if any, for sand which shall not be reimbursed.

The Contractor shall have to make his enquiries regarding legal gets and attend to the aspect of payments due etc for the operation of the quarries.

The extent of annual replenishment of the sand sources is unknown. The Contractor may therefore choose to collect the sand in advance of its use for the work.

The Contractor shall make his own arrangements for quarrying and transport of sand from the quarries to the work site. Approach roads to the quarries shall also be constructed and maintained by the Contractor at his own cost.

All the cost of transport of sand shall be borne by the contractor and no claims on this account will be entertained.

Use of crushed sand conforming to the required gradation and specifications can be permitted with specific approval of the Engineer-in-charge.

1.6.0 PRECAUTIONS DURING THE FLOODS

It shall be responsibility of the Contractor to. preserve and maintain in safe condition all materials, machinery and tools floods and rain and no compensation whatsoever will be payable to him on account of loss due to floods, rain and any other causes.

1.7.0 CONTRACT DRAWING WORKING DRAWING AND SPECIFICATIONS

On acceptance of the tender, sets of copies of contract conditions and drawing to a maximum of one, will be supplied to the Contractor free of charge. On request by, the Contractor and in the discretion of the Engineer-in-charge, the Contractor may be supplied additional copies of contract

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documents and drawing to be charged at the rate of Rs.10000./- (Rupees Ten thousand only) per set.

The drawing which form part of this contract, show the work to be done in such details as is possible to do for the present. They will be supplemented or superseded by such additional detailed working drawings as may be necessary as the work progresses. The Contractor shall carry out the work in accordance with the additional or revised working drawing as the case may be and at the applicable rates as per the contract. The Contractor shall be supplied a maximum number of four copies of each of all such working drawings free of charge. Should the Contractor require any additional copy for his use the same may be supplied at the discretion of the Engineer-in-charge and the Contractor will be charged Rs. 100/- (Rupees One Hundred Only)'for each of additional copy of each drawing.

The Contractor shall check all drawings carefully and advise the Engineer-in-charge immediately of any errors or omissions discovered. The Contractor shall not take advantage or any kind of errors or omissions in the drawings supplied.

1.8.0 TEMBEDDED ITEMS

Before placing concrete and or masonry care shall take to see that all embedded items are firmly and securely fast ended in place as indicated on the drawing or as directed. All embedded items, shall be cleaned free from all foreign matter such as scale, rust, oil, paint etc. The Contractor shall be responsible for correctly embedding the parts as directed without any charge, the cost of such bedding being deemed to have been included in the items of concrete and or masonry as the case may be. No extra payment will be made for the installations of this embedded work or for delays or for interruptions arising there from.

1.9.0 SIGNING THE FIELD BOOKS, LONGITUDINAL SECTIONS, CROSS

SECTIONS AND MEASUREMENT BOOKS Before starting the work for intermediate payments and at the end before

the work is covered. Level for plotting the longitudinal section (along the

axis as decided by the Engineer-in-charge or his authorized representative)

and cross sections of the portion of the work shall be taken by the

authorized engineer of the contractor in the presence of Engineer-in-charge

or his duly authorized representative. The contractor or his authorized

engineer shall have to sign the field books and plans showing longitudinal

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sections and cross sections of the portion of the work in token of

acceptance. lf the Contractor fails to sign them, the levels recorded by the

Engineer in charge or his representative in the authorized books shall be

final and binding on the Contractor. lf the Contractor or his duly authorized

agent fails to attend, the levels shall be taken in his absence and such

levels and longitudinal sections and cross sections based there on shall

final and binding on the Contractors. The levels will be taken on such

alignments and cross sections as will be useful for reference permanently

and will be in harmony with the mode of the measurements of payments as

described under specifications. The point locations for the levels will

depend upon raggedness of the areas and will also be at least in conformity

with the requirements of specifications.

1.10.0 CEMENT AND STEEL No material will be issued by the Corporation on Schedule “A”. The Contractor is responsible for all materials including cement, steel, explosives, Hume pipes etc.

1.10.1 CEMENT

(A)Cement shall be ordinary Portland cement 43 Grade conforming to lS 8112 of 1989. Packed in 50 Kg. woven HDPE bags conforming to lS 11652 of 1986.

There should be a marking in black monogram as “Government of Maharashtra” on the back side of those HDPE bags. Cement shall be procured from recognized manufactures such as L & T, ACC, Narmada, CCI Rajashree, Manikgarh etc.

(B) The use of admixtures and agents shall be made as per instructions of the Engineer-in-charge. The cost of cartage/ storing/ handling/ batching/ mixing shall be borne by the Contractor and shall be included by them in unit prices tendered for concrete.

1.11.0 STEEL

(A) The reinforcement steel shall confirm with the specification laid, down by the Bureau of Indian Standards vide their specification Nos. I.S.432 (Part l) of 1966, (1139-1966, 1786-1979) amended from time to time.

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1.44.0 ROYALTIES

The Contractor shall arrange for the materials from approved quarries. It is necessary for the Contractor to obtain permission from revenue authorizes or other relevant authorities before removing the materials pay royalties etc.

1.13.0 ADVANCE ON CONSTRUCTION MATERIALS

For imperishable materials brought on site by the contractor and meant to be incorporated or consumed in work, secured advance at 75 percent (Seventy five percent) of the cost of assessed by the Engineer-in-charge shall be paid provided that such materials are not in excess of the requirement of the work. The contractor shall furnish indenture bond for the amount of the advance in the form prescribed by Corporation for the same. The recovery of such advances shall be made from each succeeding work bill, at the rates the material have been consumed in the relevant finished item.

1.14.0 PAYMENT

Generally, the Corporation will pay one running bill in a month, subject to availability of funds. The recoveries for various advances shall be affected from this bill. The total recovery on all accounts shall be limited to 50 percent (Fifty percent) of the gross bill and the balance if any shall be recovered from the succeeding monthly bill.

1.15.0 NO INTEREST ON MONEY DUE TO THE CONTRACTOR

No omission, by the Engineer-in-charge, to pay the amount due upon measurements or otherwise shall vitiate or make void, the contract, nor shall Contractor be entitled to get interest on any guarantee bond or payment in arrears nor on any balance which may, on the final settlement of his account be found due to him.

1.16.0 If due to difficulties in land acquisition, land does not become available, the

same cannot be handed over to the Contractor, in such situation the Contractor shall not be entitled to any claim. lf the lands do not become available up to 50 percent of the time limit of the tender, the execution of the quantities of works under various items pertaining to such, lengths shall be optional.

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1.17.0 The measurements for the work shall be taken by Contractor's authorized engineer in the presence of Engineer-in-charge or his authorized representative and recorded in the authorized books. The contractor shall obtain the signature of Engineer-in-charge or his authorized representative on such recorded, measurements in token of acceptance. If the contractor fails to take such measurements then the Engineer-in- charge will cause to record the measurements which will be final and bindings on the contractor.

This Para is applicable to all items.

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SECTION-2 EXCAVATION

2.0.0 Excavation for foundation in earth, soils of all types, sand, gravel and soft

murum including removing the excavated material up to o distance of 50 meters (about 164') beyond the building area and all lift, stacking and spreading as directed, dewatering, shoring and strutting, preparing the bed for the foundation and necessary back filling complete.

2.1.1 General.-The excavation refers to excavation for foundation, wet or dry, in

earth, soils of all types, sand, gravel, soft murum and similar other soft or loose material and shall comply with specification No. B. 1 subject to the following:

2.1.2 Disposal of excavated materials.-- Unsuitable materials obtained from

clearing the site and excavation shall be disposed off within a lead of 50 meters (about 164') beyond the building area as directed by the Engineer. Useful materials obtained from clearing site and excavator, shall be stacked within a lead of 50 meters (about 164') beyond the building area as directed by the Engineer. Materials suitable for back-filling or other use shall be stacked at a convenient place within a lead of 50 meters (about 164') beyond the structure for reuse. Surplus materials shall be used for leveling the ground around the structure within a lead of 50 meters (about 164') if directed by the Engineer. If the surplus materials are required to be conveyed and used or stacked beyond 50 meters (about 164') conveyance will be paid for under a separate item.

2.1.3 Item to include:---The rate for the item of excavation will include:-

(1) Clearing site. (2) Setting out works, profiles, etc., according to sanctioned plan or as ordered and setting up Bench marks and other reference mark. (3) Providing and subsequently removing shoring and strutting or cutting slopes except when, separately provided for in the tender. (4) Bailing and pumping out water when separate provision does not exist for it in the tender. (5) Excavation and removal of all materials of whatever nature wet or dry and necessary for the construction of foundation including materials like explosives, removal of blows and slip sand use of tools, plant and

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equipment necessary for satisfactory completion of the item and preparing bed for foundation. (6) Sorting out of useful excavated materials, conveying them up to the specified lead clear beyond The structure and stacking them neatly for backfilling or reuse and wasting useless materials as directed by the Engineer. (7) Backfilling the trenches alongside masonry or concrete with approved material up to the natural ground level. (8) Necessary protection including labour, materials and equipment to ensure safety and protection against risk or accident. (9) Supply of facilities for inspection and measurements at any time by the concerned Government officials. (10) Compensation for injury to life and damage to property if any caused by the contractor's operations connected with this item.

(11) Small drill holes to explore the nature of substratum if necessary. 2.1.4 Measurement and payment:-The payment for respective class of

excavation shall be made at the unit contract rate per cubic meter (about 35.3 cubic feet) for the quantity acceptably excavated, limited to the dimensions shown in the sanctioned plans or as directed by the Engineer. Excavation to dimensions in excess of the above will not be measured nor paid for and if so ordered by the Engineer the contractor shall have to fill up the excess depth .with cement concrete or Uncoursed Rubble masonry specified for foundation without extra payment.

Driving of sounding bars, or jumping small drill holes to explore the nature of substratum up to a total length of meter (about 3') distributed in 2 or 3 places in each foundation if necessary, will be considered incidental work and will not be paid for separately. Removal of slips and blows in the foundation trenches will not be measured not paid for. If it is necessary in the opinion of the Engineer to carry foundation below the levels shown on the plans, the excavation for the first 1.5 m. (about 5') of additional depth will be included in the quantity for the particular classification at tendered rate. The excavation below this additional depth of 1.5 meters (5' approx.) will be paid for as extra work at rate to be decided under the general conditions of contract unless the contractor is willing to accept payment at tendered rates. For all depths less than the designed depth plus 1.5 meters (about 5’) the excavation will be paid for at tendered rates.

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Dimensions shall be measured correct to two places of decimals of a meter and individual quantity shall be calculated correct to two places of decimals of a cubic meter.

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SECTION - 03 EMBANKMENTS

3.1 SCOPE The item of embankment shall include furnishing all tools, plants, labours and material required, stripping of the borrow areas, excavating the material from the borrow area, or the useful material from excavation of C.O.T., Masonary, Dam, Foundation, Drains etc. conveying and placing the same-in-specified layers for embankment including watering and mixing (or drying as the case may be) and mechanical compaction to specified density and moisture content or each type of material and performing all operations ancialliry thereto. 3.2 BORROW AREAS : 3.2.1 GENERAL : Material required for the construction of embankment or backfill is partly likely to be available from the excavation of cut-off trench, drains and spillway excavation etc. This material is to be directly utilised from excavation. Contractor has to sort out the material so as not to allow. boulders, shurbs or other such organic or inorganic materials which do not fit into the specification of bank material of casing/hearting. Cost of sorting such material \s already considered in rate of corresponding items. No claim or payment shall be entertained for this . Additional material required for the construction of embankment, or backfill, which are not available from the excavation (for cut off trench, masonry dam foundations, drains, etc.) or not available from spoils shall be arranged by the contractor at his own cost. 3.2.2 PRIOR APPROVAL TO BORROW AREA BEFORE START OF WORK : Before opeining of a borrow area, from where the materials is to be obtained, the area shall , be cleared of all trees, stumps, bushes, etc. and stripped to remove the top soil, humus vegetable matter, organic matter, roots, rubbish and all other objectionable material which is unsuited for the purpose for which the borrow pit is to be excavated. All such materials shall be removed to such desposal area as directed by the Engineer-in-charge. In no case shall the stripped material be allowed to contaminate with the material going into the embankment. All the material shall be the property of V.I.D.C. and shall be stacked at a suitable place as directed by the Engineer-in-charge. The rate for embankment including use of materials from borrow areas includes the clearing and stripping the borrow areas and disposing the waste material as’ directed. The cleared and stripped areas shall be maintained free from vegetable growth and adequately drained during the progress of work, without any extra cost. 3.2.3 EXPLOTATION OF BORROW AREA a) Where the borrow pits are opened adjacent to the dam, the edge of excavation shall be at a distance of fifteen times of the height of the dam, as measured above the top level of edge of excavation to the top of the dam, subject to the minimum distance of 200 meters from the toes of the dam. b) Where no positive cut off is provide, the care shall be taken to see that no previous strata are uncovered by excavation of borrow pits on the water side of the dam within a distance of fifteen times the height of the dam as measured from the upstream toe of the dam.

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c) Borrow pits shall be so worked that selected materials will be furnished as required, as close as practicable to the point of utilisation and so that they will neither interfere with the location of permanent structure nor, more the usefulness or appearance of any of the work. d) The formation of pools shall be avoided to avoid spoiling of useful material and also bad appearance and all borrow pits shall be drained as necessary by ditched to the nearest cut falls. All borrow pits except those that would be submerged in the reservoir shall be connected to each other and the last borrow pits to the nearest drainage channel so as to avoid stagnation of water. The bottom of the pits shall be so fixed that the pits drain into some natural course. e) No borrow areas should be taken on roads, village tracks, canals, etc. occuring in the" borrow areas. f) All borrow areas shall be arranged with certain amount of regularity having regard to the convenience of the work during excavation and to its safety and appearance of ? finish after its completion. 3.3 QUARRY ROADS Temporary paths leading to and from areas including temporary river and nalla crossing to the site of embankment where the materials are required to be deposited shall be constructed and maintained by the contractor at his own cost. 3.4 MATERIAL FROM AREA OTHER THAN PRESCRIBED BORROW AREAS OR FROM THE COMPULSORY EXCAVATION IN SOFT STRATA : The Contractor before strating the work shall investigate sufficient borrow areas for hearting and casing materials. He shall show these areas on plan and get the same approved from Engineer-in-'charge. The materials shall be treated as prescribed borrow areas. During the construction, the contractor may after careful prospecting and with the specific written approval of the Executive Engineer bring suitable material from areas other than those indicated in the borrow areas plan, inspite of the fact that the borrow areas indicated in the borrow area plan can yield sufficient quantities of the required materials in such case no extra payment for increased lead or any other reason would be admissible on this account. 3.5 SELECTION OF MATEIALS : i) The borrow pit material or the material from compulsory excavation shall be got classified from the Engineer-in-charge, with regard to its suitability or the particular zone in the dam. The standard of material required for various zones in the dam i.e. filling of the cut off trench, hearting, casing zone shall be as directed by the Engineer-in-charge, shall be final and binding on the contractor. ii) The requirement of the material shall be generally asunder, a) Hearting and filling of COT : The material shall be uniform impervious material not containing boulders or any other hard materials more than 7.5 cm. maximum dimensions and not containing any organic matter. When compacted the material shall be impervious. The permeability of compacted hearting zone determines by the methods deemed fit by the Engineer-in-charge should be about (one ft. per year) 30 cm/year.

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b) Casing : All material shall be free from organic material1 and should contain coarse grained material, the suitability being confirmed by laboratory tests. Normaly, the material should not contain boulders or stone larger than 3/4 th of the size of thickness of the compacted layer. When compacted the material should be fairly pervious. The perme ability of the compacted casing zone determined by the methods deemed fit by the Engineer-in-charge should be about (1000 feet per year) 300 m. per year or as specified by Engineer-in-charge. 3.6.0 PLACING OF MATERIALS 3.6.1 GENERAL The embankment shall be constructed to the lines and grades shown on the drawings. The slopes of the division lines between zones or portions of embankment are tentative and shall be subject to variation at any time, prior to or during construction and on account of this the contractor shall not be entitled to any additional allowance. The contractor shall maintain the embankment in an approved manner until the final completion and acceptance of all the work under this contract. Care shall be taken to drain all rain water falling on the rolled surface away beyond the dam toe lines. The embankment for each portion shall be maintained approximately level. But if it is necessary to have slopes the slopes should not be stipper than 1:20 (vertical to horizontal). All opening or gaps through the embankment required for construction purpose shall be subject to approval and such openings or gaps if approved shall be constructed so I'natthe slope of the bonding surface between embankment in place and embankment to be placed is not steeper than 1:4 (vertical to Horizontal). The suitability of each part of the foundation for placing embankment materials there on and of all materials for use in embankment construction will be determined by the Engineer-in-charge. The material shall be placed in layers and compacted. If the rolled surface is very uneven containing hollows and humps, the hollows shall be filled up and surface rolled before any fresh layer is taken. 3.6.2 REFERENCE POINT, Before commencing the placement of embankment all lines marking the extremities of berm, hearting, casing zone, filter etc. of embankment shall be marked with reference to reference pillars. The reference pillars shall be of concrete or masonry and the information indicating changes, levels etc. shall be properly inscribed or written on them as directed by the Engineer-in-charge. The Contractor shall construct and maintain all reference pillars. No extra payment is admissible to the contractor on this account. All material required for construction of embankment or backfill which are not available from the compulsory excavation (for cut off trench, masonary dam foundation drains etc.) shall. be obtained from the prescribed borrow, areas. Borrow pits shall be opened at the location and to the limits indicated on the quarry map and as per directions of the Engineer-in-charge. As far as practicable, the borrow areas going under submergence on upstream side shall be tackled first. For the guidance of the contractor a submergence map is attached., The data presented therein is to be taken only as a guidance and no claims shall be entertained in future due to lack of conformity between nature and the quantity of materials actually met with* during construction. The contractor to expected to have his own prospecting carried out before tendering for the work.

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3.6.3 PREPARATION OF FOUNDATION OR PREPARATION OF SURFACE OF EARTH - WORK PREVIOUSLY LAID : A) GENERAL No material shall be placed in any section of the dam until the foundation for that section has been dewatered and suitably prepared and has been approved by the Engineer-in-charge. It is necessary to ensure that the surface material of foundation will be as compact and well bounded with the first layer of the embankment as herein after specified for subsequent layers of the earth fill. All portion of excavation made for test pits or trial pits and all other existing cavities found within the area to be covered by earth fill which extend below the established lines of excavation for dam embankment foundation shall be filled with compacted earth fill in embankment and payment therefore will be made as provided for hearting or casing zone in which section the pits or cavities are filled. B) FOUNDATION OTHER THAN ROCK : The seat of the dam after it is stripped, shall be cleared of all loose or objectionable material before placing any layer. The surface shall then be watered and rolled as directed if the surface material is not compact enough. The surface shall then be scarified by ploughing or by horrows or by rake or by any suitable method-all clods broken and then it shall be moistened liberally; but not more than 2% on wet-side of optimum, unless the foundation material already contains optimum amount of moisture before the first layer placed. C) ROCK FOUNDATION : Any steps of large depressions or humps caused by abrupt change in levels shall be evened out to slope as directed by Engineer-in-charge or indicated on the final drawings shall be carefully cleaned of soil or rock fragments before placing of the last layer. The removal of rock will be paid under item of excavation. If necessary the surface shall be roughened by shallow longtudinal trenches of corrugation cut in the rock and the removal of rock will be paid under the item of excavation. The rock surface including all pockets or depression layer. Dykes and seams of soft material shall be opened out cleaned to depth as directed and filled with selected impervious material or lean concrete as directed by the Engineer-in-charge. The foundation surface shall be moistaned but no standing water shall be permitted when the first layer is placed. The rock surface after maintening shall be given a slurry wash and immediately after the wash (so as not allowing it to dry) first of soil sill be placed. If exposed surface to very rough and uneven, so as to preclude the use of power operated rollers and equipment, it shall be brought to an even surface by filling the hollows and depressions in layers not more than 100 mm. under with moist well soaked soil, having moisture content equal to standard procter optimum moisture (+) 2% of dry weight of, soil and compacting the same by hand, pneumatic or mechanical tampers. D) EARTH WORK PREVIOUSLY LAID The treatment of the surface in this case before a fresh layer is placed will be the same as for the foundation other than rock. Over compacted portion of embankment formed due to constant traffic which are likely to separate from the layers below shall be entirely.

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Removed without any extra cost. When smooth rollers are used for compaction, the surface of a compacted layer shall be sacrified or a roughened before fresh layer laid on it. When sheep foot rollers are used for compaction, fresh layer may be directly laid ; on the previously rolled surface. Water shall be sprinkled on the previous layer unless the material in the surface is sufficiently wet. In case it contains moisture more than OMC, due to rain, etc. it shall be allowed to dry to have optimum moisture and rolled again. E) ROCK ABUTMENTS OR SIDES OF ROCK CUTTING AND MASONRY OR CONCRETE SIDES. It should be seen that no hollow side ways are left. Also all projection be trimmed before placing embankment against rock abutments or sides or rock cutting, the same shall be trimmed to 1/2:1 slope, preferable 1:1 slope and be thoroughly washed with mud slurry and selected moist soil laid against rock surface shall be compacted by hand rammers or air operated rammers Soil with moisture content equal to OMC of dry weight of soil be used for this portion. f) The cost of operations involved in preparation of foundation surface shall be included in the rates of embankment. 3.6.4 LAYING AND SPREADING IN LAYERS : a) Approved material free from clods and lumps than 50 mm. size shall be conveyed d! rectly from excavation or stock spoils and laid in appropriate zones of embankment as directed to Engineer-in-charge, on surface of the foundation or previously laid down earth * work prepared as specified. The materials shall then be spread on the embankment in uniform and continuous layers approximately horizontal, unless earth work in slope hasbeen permited or specified . b) The thickness of layers will depend on the nature of materials and the type of compacting machinery. The thickness of a layers should be such that the desired density after compaction shall be uniformally obtained throughout the depth. For the guidance of the contractor it may be stated that the thickness of the layer shall be 20 to 23 cms. loose and 15 cms. compacted for sheeptoot roller. 15 to 11 cms. loose and 11 cms.- compacted for smooth wheeles rolles 8 cms. loose and 5 cms. compacted by hand or pneumatic or mechanical tampers. The thickness of the compacted layers will be found out by taking levels after every three (or less number if necessary) layers laid and compacted and finding out the average. The layes shall be spread in uniform width and in stage to faciliate compaction by rollers. The work in various zones shall as far as possible the raised simulataneously. If, however, any zone or its part is permitted by the Engineer-in-charge to be raised higher than the part adjecent to it, the loose uncompacted materials at the junction shall be removed or watered and compacted to specified density without extra cost as directed by Engineer-in-charge. A minimum slope of 2:1 should be provided at such junctions and vertical difference between such two juntions should not be more than 1.5 meters. c) No clods or lumps more than 5 cms. size shall be allowed in hearting and all lump and clods shall be broken up to the above size before rolling. d) The distribution and gradation of materials throughout the impervious core including the backfill of the cut off trench shall be free from lences or pockets of materials differing subsequentally in texture or gradation from surrounding material. The excavation and placing operations shall be such that the material when compacted will be so blended as to secure the best practicable degree of compaction impermeability and stability. e) The Engineer-in-charge may designate the location in the earth fill where the individual loads shall be deposited. The most impervious material shall be placed in the central

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upstream portion of the earth fill and the more previous materials shall be placed on the either side of it so that the permeability of the fill will be gradually increased towards up stream and down stream edges of the earth fill. When materials differ in dry, density but have about the same permeability, the material having the greater density should be placed in the outer of the zones of the dam as the case may be. f) Should pebbles and rock fragments of size larger than permissible be founding otherwise approved earth fill material, they shall be removed by the contractor either at the site of excavation or after being transported in the-earth fill but before the materials in the earth fill are rolled and compacted. Such rock fragment shall be placed in the rock toe directly or wasted as approved and directed by the Engineer-in-charge. Pebbles shall be wasted as per directions. g) In order that proper compaction can be done upto the edges of the designed section, the section shall be widened by half metre on each side i.e. on downstream and up strem side and extra material shall be deposited for this purpose at the section. The whole section will then be compacted and then dressed and brought to the required slopes. Necessary extra quantity required to be handled for this purpose shall not be paid for and is considered to be included in the rate of this item. 3.6.5 MOISTURE CONTENT a) The water content of the earthfill material prior to and during compaction shall be distributed uniformally throughout each layer of the material. The difference, (Wo-W) where Wo is optimum moisture content as determined by the standard proctor compaction test, expressed as percent of dry weight of soil and W is the moisture content of the embankment being compacted, expressed as percent of dry weight of soil shall be as follows. i) (W-WO) to be - 2% in case of at least 90% samples in case of hearting and 75% in case of casing collected in a week. ii) (W-WO) to be -3% to + 3% in. case of the remaining 10% and 25% samples. The | standard proctor compaction tests will be made by the Corporation from time to time. The material shall be brought to the proper water content, by adding necessary amount of water or allowing moisture to evaporate either at the borrow pit or on the dam before commencing compaction of layer. When water is proposed to be added at the embankment required amount of water to be sprinkled for given quantity of soil shall be first calculated making due allowance for natural moisture content evaporation, base watering etc. This calculated of water shall then be thoroughly mixed with the soil by means of the disc horrows or any other suitable method before compaction. All charges for watering and mixing are included in the item of embankment including pumping, transporting pipe lines etc. as necessary. b) It may be necessary to allow water to soak into the soil after sprinking and mixing if necessary for sufficient time to have uniform moisture throughout the layer. The contractor shall not get any extra payment for stoppage work necessary for allowing soaking of the soil. c) Water content to soil to be laid to fill hollow and rock foundation, rock abutments and near sides in rock cutting will be as specified under the specifications for preparation of

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foundation (OMC + 2 percent of dry weight of soil.) same moisture content shall be adhered to in case of filling at the sides of COT filling around masonry structures. 3.7 COMPACTION .

ROLLING EQUIPMENT Compaction shall be done by smooth wheeled power rollers (8 to 10) tons or standard sheep foot rollers hauled up by tractor. The sheep foot rollers shall be of such weight and shape as to exert foot pressure of not less than 25 Kg/cm2 of tamping feet when blasted. The number of passes required to attain the specified density shall be determined by actual tests during initial stages. Normally they will be between 8 to 12. Each layer after it is found to have specified moisture content uniformly distributed shall be compacted to give specified density. No fresh layer of soil shall be laid and compacted unless previous layer is approved by the Engineer-in-charge. If the water content of the material spread in layer is more or less than specified. Compaction shall not be started is brought to specified value Compaction of the embankment shall be done by roller as specified below except at parts which are not acccessible to the above rolling equipment. Compaction of casing zone shall be done by vibratory roller (seismopacter and/or dynapack) Compaction of hearting and COT filling shall be done by diesel road roller. The number of passes required by a particular type of roller to attain specified density shall be decided by actual trails for different types of soils to be used and equal number of passes should be given to each layer before carrying out the field density test. The final control of compaction will however be on basis of specified densities and not the number of passes. In the parts of dam inaccessible to the specified rolling equipment such as test pits or trial pits below foundation level, irregular sides of cut off trench and portions arround and in contct with the structures where the rolling equipment will not be permitted to operate, compaction shall be accomplished with either hand or mechanical tampers of approved type. Rollers will not be permitted to operate within 0.5 metre of concrete of masonry structures and the filling within this distance shall be tamped by hand or and mechanical tampers. All material to be tamped shall be spread in layers with thickness as specified. The moisture content of the material and the degree of compaction shall be equal to that specified separately. Special care as directed shall be exercised to obtain a good contact and good bond with rock surface, surfaces of masonry or concrete. D) FIELD DENSITY TESTS The degree or compaction will be such as to give dry density as specified below. The density measurements will be conducted by the corporation from time to time to ascertain whether the compaction attained is as specified. For this purpose for every 300 cubic meters of compacted earth work of one zone or for every layer compacted of a particular zone at least' two field density tests will be taken and PDD and PMC worked out by oven drying method, \ K-oil method if the corelation is found to exits with the former. Separate tests are to be taken for the various zones of the dam. As the oven drying method involves 24 hours period to facilet work properly control as follows shall be exercised. The wet density of compacted layer shall be equal to or above optimum wet density (O.W.D) and placement moisture ; content (test by kerosene oil burning method) +1 % of the optimum moisture content. If any field density test samples that the dry density is less than the permissible, either additional method rolling will have to be done without extra cost, or the layer may have to be removed at no extra cost. In the event of additional rolling being permited if it is found that original; moisture has evaporated, the layer may be broken up or scarified as directed and watered . and allowed to soak before rolling to bring the moisture contents to specified value.

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Necessary assistance for carrying out such density and moisture content tests shall be provided by the contractor free of cost to the departmental staff. The samples for density measurements will be taken any where to ensure that no weak spots, at locations such as junctions of sloping filter and hearting or casing, turning places of compacting equipment or i any doubtful areas are left. Degree of Compaction

i) This will based on the dry densities achieved which shall satisfy the following criteria.

ii) Control criteria subject to iii) and iv) below CRITERIA FOR CONTROL OF COMPACTED DAM EMBANKMENT :

Type of materials

% of equal fraction i.e. bigger than 6 mm size by dry weight of total

material

Densities'

Desired moisture content limits within Minimum

acceptable density

Desirable average density

1 2 3 4 5 Hearting 25% by weight 98% of proctor 1 00% of proctor 2% of OMC Casing 0 to 25% Std. 98% of proctor 100% of proctor do 26 to 50% Std. 95% of/proctor 98% of/proctor do 50% and above 93% of/proctor 95% of/proctor do Filter Sand Material Gravel

RD = 70%

RD = 80%

RD = 85% RD = 70% Where RD is the relative densitv iii) In case of the material compacted by tamper the dry density of the soil in the compacted material shall not be less than 95% of the Standard Optimum Dry Density.

iv) In rare cases, when a layer with necessary moisture content gives lower density than specified in the above table, even by with rolling larger No. of pass as or after re-rolling, such a layer may be approved at the discretion of the Engineer-in-charge provided (a) the Placement Dry Density is not less than 90% of the standard proctor Dry Density and 95% of the Design Dry Density and (b) Number of such sample having P.D.D. less than 95% O.D.D. should not exceed 2% of the total number of samples taken. 3.8 JUNCTION WITH THE WORK AT GAP PORTION At some chainages, if the gaps are allowed, then at such junctions the earth work will be done as follows : Either: (a) If the work at different gap portion is at the same level the rolling will be done -2 meters beyond the end of chainages. OR (b) If the work is at lower levels at gap portion, the work will be done with an outer slope of 1 : 4 with an extra length of half metre parallel to the dam alignment. OR (c) If the work at gap portions is at higher level, that agency will construct the bank with an outer slope. The contractor will have to do the earth work upto that slope though beyond the end chainage stated in the tender. The quantity of earthwork increased due

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to this will be paid for at the same rates quoted by the contractor and no claims will be entertained for the extra work to be done. 3.9.0 INSTRUMENT INSTALLATION : - Some piezometric installations, settlement guages and stand pipes etc. will be provided by the corporation at predetermined position in the earthen embankment of dam. The work will be done by the corporation which will require some time for installation and erections. During such installation and erections the work of laying the embankment in the vicinity of installation will be held up for some time. The rate of earth work shall be deemed to have been quoted considering such breaks and no claims by contractor on the ground of breaks occured for such installations will be entertationed. The earth work and the traffic of construction equipment in the vicinity of such installation shall be so arranged as not to cause any damage to the instruments installed or being insatalled and shall be arranged as directed by Engineer-in-charge. This item is not included in this tender. But contractor shall extend full co-operation for providing and fixing different instruments by other agency. It is likely to cause inconvenience to some extent. Due to such inconvenience no extra payment shall be paid for. EMBANKMENT FROM ALREADY DEPOSITED SPOILS : The approved spoils of excavation already done, heaped along the dam alingment, is to be used for rasing Embankment in appropriate zone of Earthen Dam. in case of deposited spoils to be used for casing contains oversize pieces of hard rack itshall be broken to the size not more than 30 cm. by secondary blasting or breaking such rock excavation shall be properly blended with fine materials obtained from excavation and soft strata. In case of deposited spoils to be used for hearting the undersired materials over the heap shall be stripped off as directed by Engineer-in-charge. The rate is deemed to be inclusive of all above requirements. Before transporting the material from the heaps it shall be got approved from Engineer-in-charge otherwise the material transported to dam site if rejected shall have to be removed immediately at the cost of the contractor. MODE OF MEASUREMENTS AND PAYMENTS : The work shall be measured on the basis of cross section. The cross sections shall be taken at an interval of 15 meters or at closer distances as found as necessary. The gross quantity of different zones hearting, casing, rock toe etc. as the case may be, will be based on cross section. These cross sections will indicate separate zones of hearting, casing rock toe etc. forfacility of arriving at the correct quantities of hearting, casing, rock toe zone that went into the embankment Quantities of cut off trench shall be computed as the basis of cross sections taken at an intervals of 15 m. or closer distance and shall be the same as for the quantity of excavation paid for under the item of excavation of cut off trench due to side slips caused due to negligence of contractor or resulting due to delay in filling the COT will not be paid for. b) The lines demarcating the zones of cross sections shall confirm to the respective typical sections except where departure from these are specially permitted by the Engineer-in- charge. c) The final measurements will be recorded on cross sectinal basis. These will be paidfornet quantity. Foundation plan with relevent cross sections of the dam showing

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dimensions and levels, shall be prepared and got signed by the contractor in token of acceptance before commencement of stripping and again after completion of the dam seat, the final measurements will be based on the accepted foundation plan and relevant cross sections and the completed section of the dam at the time of taking final cross sections. - d) For running bills, the quantities payable shall be arrived at on the basis of cross sections of bankwork done subject to deduction at 5%. Mode of payment as per unit rate stipulated in schedule 'B1 volume 1