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Contractor No. of corrections Executive Engineer (For office use only) GOVERNMENT OF MAHARASHTRA WATER RESOURCES DEPARTMENT FOR Renovation to Bund Bet. Ch. 0 to 3180 of Phanaspada Khardi Koshimbe Kharland scheme, Tal: Vasai Dist: Thane CHIEF ENGINEE KONKAN REGION, WATER RESOURCES DEPARTMENT, MUMBAI KHARLAND DEVELOPMENT CIRCLE, THANE KHARLAND DEVELOPMENT DIVISION, THANE B-1 TENDER FORM CONDITIONS, SPECIFICATIONS, SCHEDULES OF CONTRACT ETC.

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Contractor No. of corrections Executive Engineer

(For office use only)

GOVERNMENT OF MAHARASHTRA

WATER RESOURCES DEPARTMENT

FOR

Renovation to Bund Bet. Ch. 0 to 3180 of Phanaspada Khardi Koshimbe

Kharland scheme, Tal: Vasai Dist: Thane

CHIEF ENGINEE

KONKAN REGION, WATER RESOURCES DEPARTMENT,

MUMBAI

KHARLAND DEVELOPMENT CIRCLE, THANE

KHARLAND DEVELOPMENT DIVISION, THANE

B-1 TENDER FORM

CONDITIONS, SPECIFICATIONS,

SCHEDULES OF CONTRACT ETC.

Contractor No. of corrections Executive Engineer

INDEX

Renovation to Bund Bet. Ch. 0 to 3180 of Phanaspada Khardi

Koshimbe Kharland scheme, Tal: Vasai Dist: Thane

Sr. No Particulars Page Nos

From To

A Tender Notice 3 6

B Detailed Tender Notice & Bid capacity 7 26

C Work and Site Conditions 27 28

D Special Conditions of Contract 29 63

E Appendix A to H 64 75

F B - 1 Tender form with condition of contract 76 82

G Conditions of Contract 83 122

H Schedule „A‟ 123 124

I Schedule „B‟ 125 126

J General Specifications 127 140

K Detail Item wise Specifications 141 150

L Format of Undertaking 151 151

M List of documents to be scanned and uploaded

online 152 153

N List of supporting forms / Drawings / proforma to

be downloaded by contractors 153 153

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Contractor No. of corrections Executive Engineer

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Contractor No. of corrections Executive Engineer

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Contractor No. of corrections Executive Engineer

Government of Maharashtra

Water Resources Department

Khar Land Development Division, Thane

Parent Portal: http://maharashtra.etenders.in

WRD Portal: http://wrd.maharashtra.etenders.in

Tender Notice No. 15 for 2010-2011

On line Tender Forms in B-1 Format, for the following work are invited by the

Executive Engineer, Khar Land Development Division Thane (Kalwa), Old Mumbai-

Pune Road, Kalwa (W), Dist. Thane, Phone No.022-25401477 from the contractors

registered with the Government of Maharashtra in Appropriate class of Tender Notice.

The blank tender documents should be downloaded from Government website

http://wrd.maharashtra.etenders.in from 28-02-2011 to 25-03-2011. Blank

Tender documents will not be sold by this office; interested contractors have to

download tender documents from the website. The blank tender document cost Rs

5000/- is to be drawn in favour of Executive Engineer, Khar Land Development

Division, Thane (Kalwa) and original demand draft should be submitted in the office

of the Executive Engineer, Khar Land Development Division, Thane (Kalwa) o n or

before 25-03-2011 before 17:00 Hrs on working days otherwise tender shall be rejected.

For any queries in this regard the interested contractors can contact on telephone no 022-

25401477 during office hours.

The Contractors participating first time in e-tendering Bids will have to

procure Digital Signature Certificate, Username & Password from competent

authorities as per guideline mentioned on homepage of the website.

All requisite information required for the submission of Bid Capacity documents

is available in the above said website.

If any assistance is required regarding e-Tendering (upload / download) please contact

Sify NexTenders Help Desk on number: 020 – 414 666 66/67/68/69/70

Important Dates & Times

Online Tender Document Download 28-02-2011 15:01 Hrs 25.03.2011 18.00 Hrs

Pre Bid Preparation 28-02-2011 15:01 Hrs 28.03.2011 14.00 Hrs

Online Bid Submission 28-03-2011 18:01 Hrs 01.04.2011 14.00 Hrs

Online Tender Opening (Technical) 01-04-2011 14:01 Hrs 02.04.2011 14.00 Hrs

Online Tender Opening (Commercial) 02-04-2011 14:01 Hrs 02.04.2011 18.00 Hrs

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Contractor No. of corrections Executive Engineer

Sr.

No.

Name of work Estimated cost Earnest

Money

Deposit

(Rs.)

Time limit for

completion

Class of

Contractor

Cost of Blank

Tender Form

(Non -

Refundable)

1 2 3 4 5 6 7

1. Renovation to bund

between Ch. 0 to 3180 of

Phanaspada Khardi

Koshimbe Khar Land

Scheme Tal. Vasai, Dist.

Thane.

Rs. 90,49,320/

Rs. 90,500/-

24 Months (Including

Monsoon)

IV and above

Rs. 5000/- per set

Construction of New Sluice

Gate @ Ch.138 to 162m to

Rangaon Bhuigaon Tal.

Vasai, Dist. Thane.

Rs. 56,20,332/

Rs.

56,200/-

15 Months

( Including

Monsoon)

IV-A and

above

Rs. 5000/-

per set

1) To view Tender Notice, Detailed Time Schedule, Tender Document for this

Tender and subsequently purchase the Tender Documents and its supporting

documents, kindly visit following e-tendering website of Government of

Maharashtra http://maharashtra.etenders.in &

http://wrd.maharashtra.etenders.in. 2) The pre-bid conference is open to only those prospective tenderers whose

photocopy of demand draft towards the cost of blank tender is received in the

office of Executive Engineer, Khar Land Development Division Thane (Kalwa),

upto previous date i.e 16/03/2011 and having the proof of identity for

authorisation along with the proof showing that the tenderer is required

appropriate class of valid registration of Govt. of Maharashtra. Pre-bid conference

will be held at the office of the Project Director & Superintending Engineer,

Khar Land Development Circle, Thane on dt. 18.3.2011 at 15.00 hrs.

3) The e-tender will be opened online by the Superintending Engineer, Khar Land

Development Circle Thane, Sinchan Bhavan, 4th

floor, Kopari Colony,

Thane – East on dt. 01.04.2011 at 14.01 hrs (if possible).

4) No changes are to be made by the contractor in the tender documents published

on the website. If any changes made the tender documents will be rejected &

action accordingly will be taken against the contractor. Information published

on the government website will be final.

5) Right to reject any or all the tenders without assigning any reason thereof is

reserved.

Executive Engineer,

Khar Land Development Division, Thane

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Contractor No. of corrections Executive Engineer

DETAILED TENDER NOTICE

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GOVERNMENT OF MAHARASHTRA

WATER RESOURCES DEPARTMENT

DETAILED TENDER NOTICE

1. INVITATION :

1.1 Online percentage tende rs in b -1 fo r m are invited, from registered

Contractors in class IV-A and above with Government of Maharashtra, for

the work of Renovation to Bund Bet. Ch. 0 to 3180 of Phanaspada

Khardi Koshimbe Kharland scheme, Tal: Vasai Dist: Thane „Two‟

Envelope System.

1.2 Details of work are as under :

1.2.1 Name of work Renovation to Bund Bet. ch. 0 to 3180 of

Phanaspada Khardi Koshimbe Kharland scheme,

Tal: Vasai Dist: Thane

1.2.2 Estimated Cost Rs. 90,49,321.00

1.2.3 Earnest Money (EMD) Rs. 90,500.00

1.2.4 Security Deposit

a) Initial

b) From R.A. Bills

Rs. 1,81,000.00

Rs. 1,81,000.00

1.2.5 Period of Completion of

24 months (Including Monsoon Period) work

1.3 Definitions and Interpretation

In the tender document, the following terms shall have the meanings hereby

assigned to them except where the context otherwise requires.

(a) “Government” shall mean the “Government of Maharashtra”

(b) “Department” shall mean water Resources Department of Government of

Maharashtra

(c) “Chief Engineer” shall mean Chief Engineer, Water Resources Department,

Konkan Region, Mumbai.

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Contractor No. of corrections Executive Engineer

(d) “Engineer/Engineer-in-charge” shall mean the Executive Engineer in charge

of the works and shall also include the superior officers of the Engineering

Departments of the Government i.e. the Superintending Engineer of the

respective Circle or the Chief Engineer.

(e) “Engineer‟s Representative” shall mean the Sub-Divisional

Engineer/Assistant Executive Engineer/Sub-Divisional Officer/Assistant

Engineer (Grade-I), who is in direct charge of the works and shall include

any Civil Engineer of the Government.

(f) “Contractor” shall mean the person, firm or company who enters into

contact, with the Government and shall include their executors,

administrator‟s successors and submitted assignees.

(g) “Contract” shall mean and include agreement having the following

documents

Part I Tender Documents

Part II Specifications

Part III Drawings

(h) “Work” shall mean the work to be executed in accordance with the contract.

(i) “Specifications” shall mean the specifications for material and works as

specified in the contract.

(j) “Drawings” shall mean prints of the maps, drawings, plans of the contract

and shall include any modification of such 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 carried out and any other lands or places provided by the

Government.

(l) “Defect(s) liability period” shall mean the period mentioned in clause 20 of

B-1 Tender Form from the date of issue of completions certificate by the

Engineer-in-charge.

1.4 Singular and plural :

Words imparting the singular number shall also include the plural and vice

versa where the context requires

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Contractor No. of corrections Executive Engineer

1.5 Heading and marginal headings

The headings and marginal headings in the contract are solely for the purpose

of facilitating references and shall not be be deemed to be a part thereof or

taken into consideration in the interpretation or construction thereof or of the

contract.

2 TENDER FORMS :

2.1

2 Information regarding the work for which the Tenders are invited can be

obtained from the office of the Engineer-in- charge of the work during

10.00 to 17.00 hours on working days from 28/02/2011 to 25/03/2011

The tender document is uploaded / released on Government of

Maharashtra, (GOM) e-tendering website http://maharashtra.etenders.in and

has to be downloaded as well as filled up and submitted online ONLY as per

the schedule. Tender document and supporting documents may be purchased

and downloaded from following link of http://wrd.maharashtra.etenders.in

on e-Tendering website of Government of Maharashtra,

http://maharashtra.etenders.in by filling Demand Draft details online.

Tenders will be submit ted by the bidders online on or before

01-04-2011__ upto 14:00 Hrs and will be opened online in the

office of the Project Director and Superintending Engineer, Kharland

Development Circle, Thane on the same day at 14.01 hrs. in the presence

of contractors, who intend to remain present, if possible.

2.2 ELIGIBILITY :

The contractor shall upload scanned copy of Registration Certificate

of appropriate Class of Government of Maharashtra during bid preparation

stage.

BID CAPACITY

The Bidding capacity will be evaluated as a prequalification in the following

manner.

Bid Capacity = (A x N x 2) – B

A = Maximum value of Civil Engineering works executed in any one year

during the last 5 financial years (value updated to the R.S.R. for the year

2008-2009 which will be taken prevailing into account for the completed and

on going works.) Financial years concerned are 2004- 05, 2005-06, 2006-

07,2007-08 & 2008-09.

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Contractor No. of corrections Executive Engineer

B = Value of existing commitments and works (ongoing) as on 31.10.2009

to be completed in the period stipulated for completion of the work in the

present tender.

N = Number of years prescribed for completion of the work for which the

bids are invited = (24 Calendar Months) = 2 years.

Information about A and B mentioned above is required to be submitted in

the Proforma given below. Above information is required to be certified by

an officer not below the rank of Executive Engineer, of the concerned

Division. This information will have also to be certified by income tax

clearance certificates which shall be attached with bid capacity documents.

The Bid Capacity calculated as above should not be less than the estimated

cost put to tender.

Details of “A”: Values of Civil Engineering works executed during the last 5

years.

Financial Year

in which work

is executed

Details of

execution

1.Contract-1

2.Contract-2

3.Contract-3

Cost of

work

executed

against

contract

Updated cost of

work exe-cuted

against contract

every year

(updated to

current R.S.R.)

Total up

dated cost of

work for the

year

2004-05

2005-06

2006-07

2007-08

2008-09

NOTE:

i) The cost of work executed in a year updated to the R.S.R. 2008-09 levels to

be justified by detailed computations.

ii) The cost may be updated by 10% per year (compounded) and no supporting

detailed computations may be furnished

(Factor of updating cost of each year to bring the cost to 2008-09 level

2004-05 1.464

2005-06 1.331

2006-07 1.21

2007-08 1.1

2008-09 1

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Contractor No. of corrections Executive Engineer

iii) Computation for A & B (both) shall be done either by method at note No.(i)

or by No.(ii)

NOTE: R.S.R. which is prevailing on 31.10.2009 shall be considered as

current R.S.R. for the purpose.

DETAILS OF B:

Value of existing commitments and work (on going) or to be Completed in

the period stipulated for completion of work in the present tender i.e. from

…………. to ………..

Details of existing

commitments separate

for each contract.

Cost of work to be

executed each year

against the contract

in hand at contract

rate updated to

Total cost of existing

commitments.

1.Contract-1

2.Contract-2

3.Contract-3

NOTE:

i The cost of work executed in a year updated to the 2008-09 level to be

justified by detailed computation

Ii Alternatively the cost may be updated by 10% per year (compounded) and no

supporting detailed computation may be furnished

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Contractor No. of corrections Executive Engineer

Contractor shall submit the following certificate online in

Support of Statement “B”

CERTIFICATE

This is to Certify that M/s. Shri.

…………………………… ……………… …… ……….Government

Contractor has been awarded the work (Name of work)

…………………………….. amounting to Rs………… On B/1/B-2

Agreement No. ………………….. dated ………………. And the

contractor is liable to execute the work amounting to Rs………..

during the next ……. Years as per conditions stipulated in the Tender.

Executive Engineer

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Contractor No. of corrections Executive Engineer

2.3 EXPERIENCE OF SIMILAR TYPE OF WORK:-

The intending tenderer should have experience of construction of

earthen bund & sluice gates under Central or State Government 2.3.1 Even though the bidders satisfy the above requirements, they are

likely to be disqualified if they have.

1) Made untrue and/or false representation in the request form statements and attachments required as proof of qualification requirement.

2) Records of performance such as abandoning work, not

properly completing contract, inordinate delay in completion,

financial failure, etc. 2.3.2 The tenderer will be deemed to be eligible to purchase the blank

tender form only if he satisfies all the above criteria (Sr.No.2.1

to 2.3.1) by submitting requisite documentary proof up to the last

date for issue of bid capacity form. 2.4 Pre-Tender Conference:

A Pre-tender conference open to all prospective Tenderers will be

held on 18/03/2011 at 15:00 hrs. in the office of the Project

Director & Superintending Engineer, Kharland Development

Circle, 4th floor, Sinchan Bhavan, Kopri Thane. wherein the

prospective tenderers will have an opportunity to obtain

clarification regarding the work and the tender conditions.

The prospective tenderers are free to ask for any additional

information or clarification either in writing or orally and the reply

to the same will be given by the Projec t Direc tor &

Superintending Engineer Kharland Development Circle, Kopri

Thane in writing and this clarification referred to as The Common

Set of Conditions, shall form a part of tender documents and

which will also be common and applicable to all tenderers.

The tenders submitted by the tenderers shall be based on the

clarification, additional facility issued (if any) by the Department,

and this tender shall be unconditional. Conditional tenders will be

summarily rejected.

All tenderers are cautioned that the tenders containing any deviation

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Contractor No. of corrections Executive Engineer

from the contractual terms and conditions, specification or other

requirements and conditional tenders will be considered as non- responsive

and will

3.

REVISION OR AMENDMENT OF THE TENDER DOCUMENTS:

3.1 Rights are reserved to revise or amend the tender documents prior to the last

date notified for the online submission of tenders and such revision or

amendments or extensions shall be communicated to all tenderers by printing

notice on the web site and / or by notice in the press as may be considered

suitable.

3.2 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, sand,

earthwork etc. locations of materials, river and weather characteristics and

labour conditions in general and with all the necessary information and data

etc. prior to tendering of the work.

3.3 The tenderers should see, in particular, the quarry sites and satisfy

themselves about the quality and quantity of materials available as the rates

quoted will be inclusive of all lead and lifts involved even the materials are

required to be brought from areas other than those specified in the quarry,

plants etc. for the above work.

3.4 The tenderers shall arrange to bring his own material from borrow area such

as rubble, boulders, murrum, sand, metal and hearting soil etc. from

approved quarries. It is necessary for the contractor to obtain the permissions

from the revenue department and the other concerned authorities through the

Executive Engineer, before removing the materials, pay royalties etc. All

quarry fees, royalties, octroi dues and ground rent for stacking materials, if

any, shall be paid by the contractor. No reimbursement will be allowed

thereon by the department.

4 MANNER OF SUBMISSION OF TENDER AND ITS

ACCOMPANIMENTS

a) ENVELOPE NO. 1:

The „Envelope No. 1‟ (Technica l Envelope) shall contain the scanned

copy of following documents. These documents need to be digitally signed

by individual contractor‟s digital signature and uploaded during online bid

preparation stage and the required original copies shall be kept ready at the

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Contractor No. of corrections Executive Engineer

time of opening of the tender.

i. The blank tender document cost Rs 5000/- will have to be paid by demand

draft and is to be drawn in favour of “Executive Engineer, Khar Land

Development Division, Thane (Kalwa)” and original demand draft should be

submitted in the office of Executive Engineer, Khar Land Development

Division, Old Mumbai-Pune Road, Kalwa (W), Thane on or before 25-03-

2011 on working days.

ii. Scanned copy of Earnest Money Deposit in the form of Government

Treasury Challan or Term Deposit Receipt for one year of required amount

pledged in the name of the Executive Engineer, Kharland Development

Division, Thane shall be enclosed and original Treasury Challan or Term

Deposit Receipt should be submitted in the office of Executive Engineer,

Khar Land Development Division, Old Mumbai-Pune Road, Kalwa (W),

Thane on or before 30/03/2011 on 16:00 Hrs on working days. Certificates of

exemptions for payment of earnest money, issued by competent authority,

if valid, shall be accepted instead of the Earnest Money Deposit.

iii. Document certifying the bidder as a registered contractor with Public

Works Department of the Government of Maharashtra valid on date of

submission of tender.

iv. Certificate of Registration under Clause 16(i) of Maharashtra Value

Added Tax Act – 2005 or the Certificate of Registration under

Rule-8 of The Bombay Sales Tax Rules-1959. Contractors not

submitting any of the two documents will be liable for Tax Deduction at

Source at the rate of 4% of the contract Price.

iv. Deed of partnership or Article of Association and Memorandum of

Association for limited Company, duly registered, if applicable.

vi. Power of Attorney, if necessary.

vii. Copy of Certificate of enrolment under The Maharashtra State

Tax on profession, trades, callings and employment act 1975. (See

rule

3(2) and certificate of enrollment under section (2) or sub-section

(2A) of section 5 of Maharashtra State Tax on professions, trades,

calling and employment act 1975.

viii. Details of works of similar type and magnitude carried out

by the tenderer (in Appendix A)

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Contractor No. of corrections Executive Engineer

ix. Details of works of similar type of works tendered for and in

hand with the value of work unfinished on the last date of

submission of tender. The Certificates from the heads of the

office, not below the rank of Executive Engineer, under whom

the works are in progress should be enclosed (in Appendix B)

x. List of plants and machinery immediately available with the

tenderer for use on this work and list of machinery proposed to

be utilized on this work but not immediately available and the

manner in which it is proposed to be procured (in Appendix C) xi. Proof of having tenderer‟s own machinery.

xii. Details of Technical Personnel on the roll of the tenderer (in

Appendix D)

xiii. A certified copy of Power of attorney for signing the tender in

case of proprietary firm /partnership firm / Ltd. Co. / Ltd.

Corporation / sponsoring firm made by a Group of firms. Ltd. Corporation / sponsoring firm made by a Group of firms.

b) ENVELOPE NO. 2 :

The Envelope No.2 shall contain only the main tender. A l l f i n a n c i a l

o f f e r s m u s t b e p r e p a r e d a n d s u b m i t t e d o n l i n e a t

h t t p : / / m a h a r a s h t r a . e t e n d e r s . i n a s p e r t h e i n s t r u c t i o n s

o n t h e p o r t a l a n d s h o u l d b e d i g i t a l l y s i g n e d . The tenderer

should quote his offer in the form of percentage below or above the

estimated cost given in Schedule „B‟. He should not quote his offer any

where 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.

This tender shall be unconditional. Documents containing the common

set of conditions, as required in Clause 2.4 of this Detailed Tender Notice,

if applicable, shall also be included in the Envelope No. 2.

INSTRUCTIONS FOR SUBMISSION OF ENVELOPE NO.1:

Documents to be submitted in envelope No.1 should be

digitally signed by individual contractor‟s digital certificate

and should confirm to the instructions given below.

i) EARNEST MONEY :

Each tender shall be accompanied by an Earnest Money for Rs.

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Contractor No. of corrections Executive Engineer

90500/- in the form of an original receipt Treasury/Sub-Treasury

challan under the Head of Account „Earnest Money Deposit -

Revenue Deposit‟ or one year Term Deposit in any

Nationalized Bank duly pledged in the name of the Executive

Engineer, Kharland Development Division, Thane. original

Treasury Challan or Term Deposit Receipt should be submitted in

the office of Executive Engineer, Khar Land Development

Division, Old Mumbai-Pune Road, Kalwa (W), Thane on or before

30/03/2011 on 16:00 Hrs on working days. E.M.D in the form of

cash or cheque or bank Guarantee shall not be acceptable.

The amount of E.M.D. will be released back to the unsuccessful tenderers on

deciding upon the acceptance or otherwise of the tender.

The Contractor/Contractors who is/are exempted from payment of Earnest

Money should produce valid certificate of exemption or attested copy of such

certificate issued by P.W.D without which the tender will not be considered.

The earnest money amount shall not carry any interest whatsoever.

ii SECURITY DEPOSIT:

The successful tenderer shall have to pay a security Deposit of Rs. 1,81,000/-

or in the form of approved securities in lieu of cash deposit mentioned above

such as Government securities, Guarantee bonds of scheduled banks,

National Savings Certificates, Post Office Cash Certificates for value for

which they can be encashed at the time of presentation as security deposit.

Treasury Savings Deposit Certificates which are issued by the Reserve Bank

of India, and the scrip of rural debentures issued by the Maharashtra State

Co-operative Mortgage bank Ltd., standing in the name of depositor shall be

accepted if those are pledged in the name of the Executive Engineer,

Kharland Development Division, Thane towards the payment of initial

security deposit, then the earnest money deposited will be refunded to him

only after payment of Security Deposit. In addition, a further amount of Rs.

Rs. 1,81,000/- towards Security Deposit shall be recovered from the bills of

Contractors deducting @ 4% of the value of bills at a time.

iii SALES TAX

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 property in goods involved

in the execution of a work contract under the provision of rule 58 of

Maharashtra Value Added Tax Act 2005, for the purpose of levy of Tax.

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Contractor No. of corrections Executive Engineer

iv PROFESSIONAL TAX:

Certificate of registration with the professional tax officer of the district in

Form IA Certificate of registration under Section 5(1) and 5(2) of the

Maharashtra State Tax on Professions, Trades, Callings and Employment

Act, 1975 shall be submitted online in the Form as below.

V ADDITIONAL SECURITY DEPOSIT

If the contractor quote this offer more than 10% below the estimated cost. He

shall submit additional security deposit as per following formula

(Contractor‟s offer (-) 10 x 10/100 = percentage of additional security

Deposit

This additional security deposit should be in the form of bank guarantee for

the period upto prescribed period of tender. This additional security will be

refund at the time of final bill.

PROFESSIONAL TAX CLEARANCE CERTIFICATE

This is to certify that M/s ---------------------------------------------------------

(address)-----------------------------------------------------------------------------

is a registered dealer under the Maharashtra State Tax on Professions.

Trades, calling and Employments Act No. XV of 1975. holding Registration

Certificate No ----------------------------w.e.f ----------------------------------------

---------- and under section 5 (1) and 5 (2) respectively.

This said dealer has paid all tax due upto 31st March ------------- (Previous

Year) under this act. The dealer has paid the professional tax dues for the

employees mentioned below.

A

Sr.No Name of Employee Designation

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Contractor No. of corrections Executive Engineer

B.

Sr.No Name of the owner carrying on profession

status

Designation

There is no professional Tax due outstanding against the dealer under the Act. This

Certificate is valid for One year from the date of issue.

Place:

Date: Signature

Professional 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 held staff and

those operating the machinery/equipment. This is also to ensure that the

machinery said to be deployable for the said work is really in the ownership of

the tenderer.

6 INSTRUCTIONS FOR SUBMISSION OF ENVELOPE NO. 2

Documents to be submitted online in Envelope No.2 should be

digitally signed by individual contractor‟s digital certificate and

should 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 constructions as well as shall be

deemed to have fully acquainted with his own various quarries for

construction materials, their availability and adequacy etc.

ii) CONDITIONAL TENDER:

Conditional tender will be summarily rejected. The tenders which do not

fulfill any of the notified requirements laid down in this detailed tender

notice, the general rule and directions for the guidance of the tenderers as

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Contractor No. of corrections Executive Engineer

mentioned in B-1 form or are incomplete in any respect are likely to be

rejected without assigning reasons thereof.

iii) TENDERED RATE:

The tenderer should quote his offer online during bid preparation stage

as per online tender schedule, in figures as well as in words in English.

In case there is a difference between the rates quoted as expressed in

words and in figures, the rates 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 rates mentioned in the tender for all items of work

shall be taken applying to all conditions, weather and will be inclusive of

all taxes, if any.

iv) If the offer quoted by the tenderer is less than 90 % or more than 110 %

of the updated estimated cost, then the tenderer shall furnish his detailed

item-wise justification for all items costing Rs. 50,000/- (Fifty thousand)

and above put to tender in Envelope No. 2 in order to establish the

workability and reasonableness of the rates. Tenderer shall also submit

additional information in justification of the rates wherever called for by

the department without which the offer will not be considered.

v) Additional Security Deposite (Ref. Govt. of Maharashtra Irrigation

Dept. circular no. misc 1097 / (105) /97 administration deted 22.05.1998.

If the tenderer quot his offer below more than 10% of estimated cost he

shall have to pay additional security deposite @ as below of estimated

cost in the form of B.g. for contract period. If he fail to do so his EMD.

Will be forfeited tender offer (-10) x 10/100 = percentage to recovered.

vi) QUANTITIES PUT TO TENDER:

The quantities given in the schedule „B‟ as put to tender by the

Department for various items therein are approximate as some of the

items of work 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 the schedule „B‟ at the time of completing the tender

documents by the contractor. The contractor should take cognizance of

this fact and no claims will be tenable on account of such reduction in

quantity.

The quantities of items on which the Department has carried out the

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Contractor No. of corrections Executive Engineer

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

Department for the purpose of application the stipulation of clause 38 of

conditions of the contract of the tender.

7 TENDER UNITS

The tender has been invited in the Metric System of measurements.

Tenderer should particularly note the units mentioned in schedule „B‟ on

which rates are to be based.

8 CORRECTIONS

No corrections should ordinarily be made in the tender documents. Any

corrections in the entries made by the tenderer should be

signed/cancelled by crossing the incorrect portion and writing the

corrected portion above and each such correction shall bear the

attestation of the tenderer.

9 SIGNING OF TENDER DOCUMENT

The tender shall contain the name, residence and place of business of person or

persons making the tender

The tenderer 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.

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.

Witness shall be persons of status and probity and their names,

occupations and address 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 alternation in work specified in the tender or

in the time allowed for carrying out the work or any other condition,

ii) Any of the pages of the tender are removed and/or replaced,

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Contractor No. of corrections Executive Engineer

iii) The percentages in figures and in words are not entered in ink by the

tenderer in B-1 form at appropriate place specified therefor,

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) Tenderer, or, 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 tender form at the space

provided for the purpose.

10 SUBMISSION OF TENDER:

10.1 The interested contractors / bidders will have to make online payment

(using credit card/debit card/net banking) of Rs. 1024/- (including service tax)

per bid per tender to online service provider of e-Tendering system at the time of

enterin online Bid Submission stage of the tender schedule

10.2 The two envelopes No. 1 and 2 shall be d ig i t a l ly sealed and

s igned a nd s ub mi t t ed o n l ine a s pe r t he o n l ine t e nde r s c hed u le .

10.3 The date and time for online submission of envelopes shall

strictly apply in all cases. The tenderers should ensure that their

tender is prepared online before the expiry of the scheduled date

and time and then submitted online before the expiry of the

scheduled date and time. Offers not submitted online will not

be entertained.

10.4 If for any reason, any interested bidder fails to complete any of

online stages during the complete tender cycle, department shall not be

responsible for that and any grievance regarding that shall not be

entertained.

11 OPENING OF TENDERS:

On the date specified in the tender notice, following procedure will be

adopted for opening of tender.

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Contractor No. of corrections Executive Engineer

11.1 ENVELOPE No. 1:

First of all, Envelope No. 1 of the tenderer will be opened online through

e – Tendering procedure 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. 4 (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.

11.2 ENVELOPE No. 2:

This envelope shall be opened on l ine through e -Tende r ing

procedure immediately after opening of envelope No. 1 only, if the

contents of envelope No. 1 are found to be acceptable to the

Department. The tendered rate shall then be read out by the Tender

Opening authority.

THE TENDER WILL BE LIABLE TO BE REJECTED OUT

RIGHT IF, WHILE SUBMITTING, :

11.2.1 The tenderer proposes any alteration in the work specified in the tender

or in time allowed for carrying out work or any other unacceptable

condition,

11.2.2 Any of the pages and pasted slips of the tender are removed and / or

replaced,

11.2.3 All corrections and additions and pasted slips are not initialed by the

tenderer,

11.2.4 The tenderer does not sign, and the signature/signatures (in case of firm

each partner or power of attorney holder) is not witnessed by a

respectable person, in the space provided for in the B-1 tender form.

11.2.5 Schedule „B‟ of contract shows the items of work to be executed,

theestimated quantity, the rate, amount of such item as per estimate

and the total estimated cost put to tender. The tenderer should quote

his rate in terms of percentage above or below the said estimated cost

by writing the percentage both in words and figures In addition, the

contractor shall fill up the additional schedules in the tender (viz.

Appendix - A, B, C & D).

11.2.6 No modification in the form of the tender are permitted.

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Contractor No. of corrections Executive Engineer

11.2.7 All pages of the tender documents, conditions, specifications and

drawings etc. shall be initialed at lower left hand corners and signed

where required in the tender papers by the tenderer or all partners in case

of partnership firms or by a person holding a power of attorney

authorizing him to sign on behalf of the partnership before submission of

the tender.

12 ACCEPTANCE OF TENDER:

Acceptance of tender will rest with the Project Director & Suprintending

Engineer Kharland Development Circle, Thane who reserves the right to

reject any or all tenders without assigning any reasons thereto. The

acceptance of tender may be intimated to the contractor by letters, such

intimation shall be deemed to be an intimation of acceptance of tenders.

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 paid by him

shall be liable to be forfeited to the Government and the acceptance of

the tender shall be liable to be considered as withdrawn. In that event, the

work will be awarded to the next lowest or any other contractor to whom

the Government deems to be suitable.

13 VALIDITY FOR 120 DAYS:

The offer shall remain valid for a period of 120 (One hundred twenty)

days from the date of opening of tender and thereafter until it is

withdrawn by notice in writing by the tenderer, and duly addressed to the

competent authority and sent by Registered Post Acknowledgement Due.

If the acceptance of the tender is not communicated within 120 days or

before and if the offer is withdrawn by the contractor as aforesaid,

earnest money shall be refunded in full.

14 LATE BIDS:

Offers not submitted online through e-Tendering procedure will not be

entertained.

15 MODIFICATION AND WITHDRAWAL OF BIDS:

15.1 Withdrawal or modification of a bid between the deadline for

submission of bids and the expiration of the original period and bid

validity specified in the form of bid may result in the forfeiture of the

bid security pursuant to clause 1 of B-1 form.

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Contractor No. of corrections Executive Engineer

16 COMPLETION OF TENDER DOCUMENTS :

While completing the tender documents, the contractor must invariably

complete the 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 Technical Envelope

No. 1 as per provisions of paragraph 4 (a) of the detailed tender notice.

17 LANGUAGES:

The language of all correspondence regarding this work shall be English

only.

18 LICENCE UNDER CONTRACT LABOUR (REGULATION AND

ABOLITION) ACT 1970.

The successful tenderer should produce to the satisfaction of the

competent authority accepting the tender a valid and current license

issued in his favour under the provisions of contract labour (Regulation

and Abolition) Act 1970 and the Maharashtra Contract labour

(Regulation and Abolition) Rules 1971, before signing the contract. On

failure to do so, the acceptance of the tender will be withdrawn and also

the earnest money and additional earnest money deposit, if any, will be

forfeited to the Government.

19 Certificate from General Provident Fund Authority.

Intending tenderer should submit Certificate of Registration as per the

contractual labour act 1970 from General Provident Fund and „No Dues‟

certificate regarding payment of contribution towards his employer and

should submit these certificates in envelope No. 1.

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Contractor No. of corrections Executive Engineer

WORK AND SITE CONDITIONS

1. DESCRIPTION & SCOPE OF THE TENDERED PROJECT:

This Kharland Development Project is undertaken by Government of

Maharashtra. The work under the project envisages construction of an

earthen bund at the locations of its prominent nalla crossings, near

village Phanaspada to protect the agricultural lands of the above village

from saline water entering through the nearby creeks.

2. CLIMATIC CONDITIONS

The climate of this region is humid. The work site is situated in saline &

marshy area. The annual rainfall in the area is heavy and is of the order

of 2500 mm to 3500 mm. The rainy season generally commences from

early June and lasts upto beginning of October.

3. INFORMATION REGARDING WORKSITE

3.1 General

1. Location of work Renovation to Bund Bet. Ch. 0 to 3180 of

Phanaspada Khardi Koshimbe Kharland

scheme, Tal: Vasai Dist: Thane

2. Nearest railway Station

Western Railway Virar Station.

3. Road Virar Vaitarna Road.

4. Nearest Telephone

Telegram from site

Virar.

5. Nearest petrol & diesel

pumps

Virar

6. Land Acquisition Not necessary

3.2 The various leads involved in the work are tentative. The contractor

shall be deemed to have fully acquainted with these leads. He shall also

get acquainted with the availability of construction materials and their

adequacy, etc. No claims whatsoever shall be entertained to the

contractor.

3.3 The contractor has to establish the quarries for the construction

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Contractor No. of corrections Executive Engineer

materials required within the leads specified for the respective materials

at his own cost and responsibility. No extra claim whatsoever will be

entertained by the department in this regard.

3.4 Availability of Labour:

Some local unskilled labour may be available during non-agricultural

season but skilled labour may not be available. Contractor must

however make his own inquiries regarding the same.

3.5 Market :

The nearest Market is at Virar which is 11 Km from the Project site.

The banking and Treasury facility is available at Virar.

NOTE

It must be specifically understood that the above note is meant only for

the general guidance of contractors. The contractor has to make his

own verifications of the details of the site conditions, accesses to site of

quarries, availability of material, etc. No claim on account of any

incorrectness of the information given above will be entertained.

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Contractor No. of corrections Executive Engineer

SPECIAL CONDITIONS OF CONTRACT

1 Contractor to inform himself fully:

The contractor shall be deemed to have carefully examined the work and

site condition the special conditions, the specifications, schedules and

drawings and shall be deemed to have visited the work site, his own quarries

for rubble and sand and to have fully informed himself regarding the

availability of construction materials, 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 of the Department for exercising

powers 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 the Engineer-in-charge, the contractor

may be supplied additional copies of contract document to be charged at the

rate of Rs.500/-(Rs. Five Hundred only) per set and Rs. 50/- per working

drawing.

2.2 The drawings which form a 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 detail 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 may

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

will be charged Rs.300/- per set of contract drawings and Rs.50/- 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, the errors or omissions discovered. The contractor

shall not take advantage of any kind of errors or omissions in the drawing

supplied.

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Contractor No. of corrections Executive Engineer

3. Data and Drawing 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 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) Then the contractor shall submit to the Engineer-in-charge for approval

within 7 days from the date of his receiving notice to start the work, a layout

plan of construction plant and equipment for the 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:

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

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

following orders of preference shall apply.

i) Between actual scaled and written dimensions or description on drawing and

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

ii) Between the written description of the item in the schedule of quantities and

the detailed specifications of the same item, the latter shall be apply.

iii) Between the quantities shown in the Schedule „B‟ of quantities and those

arrived at from drawings, the latter shall apply.

b) The information in connection with works and work site as well as

specifications is contained in this book of contract in general and in

particular in two parts, viz special conditions and specifications for items of

work. In case of any discrepancy or repugnancy in the clauses in these

sections, the specifications will prevail over the 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, a reference shall be made to the Engineer-in-charge,

whose elucidation, elaborations 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 errors that may occur in the work through lack of such

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reference and precaution.

5. Use of Site:

a) All land required shall 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 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 other property or land

handed over to him for the purposes of this work.

c) The land shall, as hereinbefore mentioned, be handed over back to the

Engineer-in-charge within three months after the 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 that 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 the

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

the time limit specified above, penal rent as may be decided by the

Engineer-in-charge will be recoverable.

d) The mangrove 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 contractor.

e) The contractor shall make at his own expenses, all preliminary arrangements

including site clearance, etc., immediately after the contract is awarded to

him. He shall also arrange to get water supply connection from the local

body and lay all distribution pipe lines, cocks, water meters etc. for water

required for Road works / construction and drinking purposes and shall

construct masonry tanks of sufficient capacities and at suitable places as

directed for storage of water. All charges on this account and all bills for use

of water as and when received shall be paid by the contractor promptly. If

the local body refuses to supply water for some reasons or the other, the

contractor shall make his own arrangements to get water from wells

belonging to private owners or from some other sources and convey the

same on site by suitable means and bear all expenses for use and

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Contractor No. of corrections Executive Engineer

conveyance of the same after entering into an agreement with the owner.

f) Similarly the contractor will have to make his own arrangements at his cost

for supply of electricity to the camp and work site as may be necessary and

he will not be entitled to any extra payment whatsoever in this regard.

6. Contractor Not To Dispose Off Soil etc.:

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

the purpose of this contract, sand, stone, clay, ballast, earth, rock 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 substance

materials and produces shall be the property of the Government and shall be

disposed off in a manner and at a place shown in the drawings or as and

where the Engineer-in-charge may direct.

7. Gold/Silver, Minerals, Oils, Relics etc. found on the site:

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

stones, coins, treasures, relics, antiquities and similar things which shall be

found in or upon the site, shall be the 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 the contract by agents or by

other contractors at his option and the contractor shall, in accordance with

the requirements of Engineer-in-charge, afford all reasonable facilities for

execution of the works, including occupation of lands by structures or

otherwise to any other contractor employed by the Government and his

workmen or to the workman of the Government who may be employed in

the execution on or near the site of work not included in the contract of any

contractor in connection with or specially to the works and in default, the

contractor shall be liable to the Government to be entitled to claim relief

from the obligation to execute the works. The contractor shall also co-

operate with other contractors with all fairness and mutual understanding

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

arrangements, etc.

The contractor shall not cause, advertently or inadvertently, any obstruction

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Contractor No. of corrections Executive Engineer

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

Government or through other agencies. In the event of dispute regarding the

claim, the responsibility, liabilities, etc., in respect of such facilities, the

decision of the Engineer-in-charge shall be final.

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 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 clause of this contract, the premises will

be left in a manner fully satisfactory to the Engineer-in-charge.

10. Layout of construction road:

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 modifications suggested by

him will be binding on the contractor. If it is decided by the Engineer-in-

charge to have some of the roads proposed by the contractor as common

roads for common use of Government and other contractors or convenient

and for compact and planned layout of work site, the contractor will be

bound to construct them and allow them to be used simultaneously by other

contractors and departments. In case of disputes, the decision of the

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

11. Period and Hours of work :

Due to daily phenomenon of high tide and low tide, continuous period of 8

hours may not be available for working. The contractor is supposed to plan

his works accordingly. No claim in this regard shall be entertained.

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 the

Engineer-in-charge or his authorized representative) and cross sections of

the portion of the work shall be taken by the Engineer-in-charge or his duly

authorized representative in the presence of the contractor or his authorized

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representative who shall have to sign the field books and plan showing the

L-section and cross sections for the portion of the work in token of

acceptance. If 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. 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 authorized agent

fails to attend on the appointed date 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 sections as will be useful for reference

permanently and described under specifications for “Excavation”. The point

of location for the level will depend upon the roughness of the area and will

also be at least in conformity with the requirements of specifications for

“Excavation” as far as possible.

Where, for proper measurement of the work, it is necessary to have initial

set of levels or other measurements taken, the same as recorded in the

authorized field book or measurement book of Government by the Engineer-

in-charge or his authorized representative and will be signed by the

contractor or his authorized representative who will be entitled to have a

true copy of the same made at his cost. Any failure on the part of the

contractor to get such levels etc. recorded before starting the work, will

render him liable to accept the decision of the Engineer-in-charge as to the

basis of taking measurements. Likewise, the contractor will not cover any

work which will render its subsequent measurements difficult or impossible

without first getting the same jointly measured by himself and the

authorized representative of the Engineer-in-charge. The record of such

measurements on the Government side will be signed by the contractor and

he will be entitled to have a true copy of the same made at his cost.

Whenever there is change in strata during actual execution in respect of item

of Schedule „B‟, it will be the responsibility of the contractor to intimate this

immediately to the department and get the levels at the change of strata

finalized before doing the further work.

13. Programme of construction :

Work and Progress Schedules :

The construction programme is given in Appendix „H‟, 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 along with the tender documents inclusive of the physical

programme as stated above, subject to the provisions that 50% of the work

is completed within 50% of the contract period.

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Contractor No. of corrections Executive Engineer

In case, it is subsequently found necessary to alter this programme agreed to

in the contract document, including the change in the sequence of the items,

the contractor shall submit in good time a revised programme incorporating

necessary modifications proposed and get the same approved from the

Engineer-in-charge.

Additional detailed programme for each working season, beginning from

October showing the progress to be achieved month by month for

controlling items shall also be submitted to the Engineer-in-charge not later

than the 31st August proceeding the working season and got approved. The

Engineer-in-charge is further empowered to ask for more detailed

programme, say, week by week, for any items of special importance and the

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

The submission of the works programme 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 high tide or any other natural calamities etc. The contractor shall

not be entitled for any claims for any damages caused due to particular

works programme. It is the entire responsibility of the contractor to frame

the programme after anticipating the rains, flood, tidal behavior, etc. Actual

work turned out shall be mainly taken into account and not just total of the

various payments made to the contractor.

14. Materials :-

Cement

The Cement shall conform to I.S. 8112 of 10989 and subsequent revisions

of Portland Cement or I.S.455-1989 in respect of Portland Slag cement.

All cement required for the work under this contract shall be procured in

advance by the contractor in polythene bags of twenty to a metric tonne as

received from the cement factories or from authorised dealers. Following

factories have been approved for this purpose.

a) Ordinary Portland Cement-

1) ACC Ltd. 2) L & T 3) CCI 4) Narmada

b) Portland slag Cement : Indorama Cement Ltd.

The Contractor shall produce proof of purchase of cement from Authorised

dealer.

The Purchase bill supported by delivery challan shall constitute adequate

proof of purchase.

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Contractor No. of corrections Executive Engineer

Cement shall be stored in such way as to allow the removal and use of

cement in the chronological order of receipt i.e. first received being first

used.

Cement shall be kept in store under double locking arrangement (one lock to

be operated by contractor and second lock to be operated by the authorized

person of the Engineer-in-charge, so that it can be taken out or fresh stock

admitted with the knowledge of supervising staff of the division. The watch

and ward of the cement stores shall be the responsibility of the contractor.

The cement purchased from authorized dealer must be tested from

Government laboratory and test report must be submitted to the Engineer-in-

charge before commencement of work.

If godown facilities are available with the department, the same will have to

be utilized by the contractor as per the 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 two activities.

1. To transfer the cement in branded bags with prior written permission

from the Engineer-in-charge to any of the contract work with the

department and account for the same therein.

2. 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 department at a price to be negotiated by

both the contractors and account for the same.

Steel:

The contractor shall procure steel from the market. The contractor shall

make necessary arrangement at his own cost for sample from the available

stock and shall conform to the specifications laid down by the Bureau of

Indian Standards vide their specification Nos. I.S.432 (Part I) of 1966, 1139-

1166, 1786-1979)

The contractor should store the steel of 60 days requirement at least one

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Contractor No. of corrections Executive Engineer

month in an advance.

The contractor will have to construct sheds for storing steel, having capacity

not less than the quantity of steel required for 90 days use at work site. The

Engineer-in-charge or his representative shall have access to such stores at

all times.

The contractors shall further, at all times, satisfy the Engineer-in-charge on

demand, by production of records and books or by submission of returns

and other proofs as directed that the steel is being used as tested and

approved by the Engineer-in-charge for the purpose and the contractor shall,

at all times, keep his records up-to-date to enable the Engineer-in-charge to

apply checks, as he may desire.

Contractor shall procure the steel from main producer such as SAIL,

TISCO, and ISCO. Rerolled steel will not be acceptable. He should bring

the test certificate of steel procured by him from the manufacturer.

Steel samples required for testing shall be supplied by the contractor free of

cost. However the testing charge will be borne by the contractor.

15. Stone

Lead for stone:

The contractor is advised to visit various stone quarries opened out in the

nearby vicinity for the various works and ascertain the levels and areas in

which stone of good and acceptable quality is likely to be available. It is for

contractor to investigate the quarries which will yield stone in sufficient

quantities and of required quality. However, if a quarry location approved

by the Engineer-in-charge does not yield adequate and suitable stone, no

claims in that case will be entertained. Other quarry location will have to be

established by the contractor at his own cost and risk. The stone from

quarries should be got approved from the department for its quality before

using it on work. The contractor shall have to make arrangements at his own

cost for construction and maintenance of all roads leading to and from stone

quarries to the work site, as required by him.

The locations of quarries have to be such that they do not affect permanent

structures as well as should not be near existing or proposed habitation. The

locations and sizes of quarries shall be subject to approval of the Engineer-

in-charge. However, if a quarry location, approved by the Engineer-in-

charge, on its opening does not yield adequate and/or suitable stones, no

claim can be raised against the department. In that case other quarries will

have to be established by the contractor at his own cost and risk and the

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Contractor No. of corrections Executive Engineer

stone got approved from the department for its quality before using it in the

work.

If the stone quarries are located in the lands acquired by the department, the

contractor would be allowed to quarry the rubble from these areas. If the

quarries are located in private properties, the contractor has to make his own

arrangement to the legal rights and attend to payment, etc., to the concerned

parties for operation of these quarries at his cost and risk. Similarly he shall

make arrangement for roads leading to and from the stone quarries to work

site at his own cost, with the permission of the Engineer-in-charge.

In the stone quarries, at critical excavation, weak rocks like volcanic

breccia, etc., are likely to be met with. Such weak rocks will be rejected and

not allowed for use in the masonry or pitching. The quarrying will have to

be adjusted to avoid these and other types of weak rocks.

16. Sand

The contractor shall have to make all arrangements for procurement of sand

of approved quality and the same should be got approved from the

Engineer-in-charge, before it is used on the work. However, if quarry

location approved by the Engineer-in-charge does not yield adequate

suitable sand, no claims can be raised against the Department. In that case

other quarry locations will have to be established by the contractor at his

own cost and risk. The sand from such quarries should be got approved from

the department for its quality before using it on work.

The contractor shall have to make arrangements at his own cost for

construction and maintenance of all roads leadings to and from sand

quarries to the work site as required by him with the permission of

Engineer-in-charge.

17. Petrol, Oil and Other Lubricants:

The contractor shall have to make his own arrangement for procurement of

Petrol, Diesel, Oil and Other Lubricants.

18. Supply of materials other than those shown in Schedule „A‟ of the

tender:

Government will extend, if possible, necessary assistance in recommending

contractor‟s genuine demand for materials other than those specified in

Schedule „A‟. The contractor may, if required and approved by the

Engineer-in-charge, obtain from the Government stores such materials as

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Contractor No. of corrections Executive Engineer

may be available and would be spared at departmental issue rate of the

Division as per rules in force, by the Engineer-in-charge. The department

will however, not bear responsibility to accept any claim in this respect.

19. Quarries:

19.1 It is for the contractor to investigate quarries which would yield stone and

other material such as sand, surkhi, murrum, soil, etc., and satisfy himself of

the availability in desired quantities and quality.

19.2 The tenderers should, in particular, see and verify the quarry sites and

satisfy themselves about the quality and quantities of the material available

as the rates quoted will be inclusive of all leads and lifts involved in

bringing the materials from the quarry areas.

19.3

The Contractor shall supply free of cost necessary quantities of sand, stone

and aggregate to Government for carrying out test as desired by the

Engineer-in-charge and well in advance of the construction operation so as

to get approved the quality of the materials. The cost of opening quarries

and operating them shall be borne by the contractor.

20.0 Laboratory for Testing Work:

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

foundations of completed works are required as per the detailed

specifications or otherwise required by the Engineer-in-charge at

contractor‟s cost and the results given by this laboratory shall be considered

correct and authentic.

The materials, mixes and any other arrangements, including labourers shall

be supplied by the contractor to the department free of cost. The samples for

testing shall be taken in the presence of the Engineer-in-charge or his

representative present on site.

The contractor or his authorized representative shall have a free access in

those laboratories to get himself satisfied about procedures of testing, etc.,

even if the contractor or his representative fails to remain present while

collecting samples or testing, the results will be considered as authentic and

binding on the contractor.

21.0 Royalties:

21.1 On receipt of applications for quarrying, the competent authorities would

work out the Royalty fees on the entire quantity and the period as certified

and issue necessary permit to the contractor for the quantity and the period

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Contractor No. of corrections Executive Engineer

as certified by the Executive Engineer on the contractor paying the security

deposit equal to 10 % of the royalty charges or Rs. 5000/- whichever is

more, if the quarry process is likely to extend over a period beyond six

months. In other cases security deposit should be 20 % of the royalty

charges leviable on the quantity to be removed. Such Security Deposit shall

be adjusted through the final bill against the Royalty Charges recoverable in

respect of this work. If such security deposit is less than Rs. 5000/- the

contractor shall pay it in cash or furnish to the competent authority a bank

guarantee for the requisite sum of security deposit.

21.2 The contractor should furnish by 10th

of every month the certificate in respect

of the material removed during the preceding month obtained from Executive

Engineer concerned showing quantities of different material used by the

Contractor for particular Government work to the Collector, or other

competent authority and on the Contractor failing to do so the amount of

royalty as may become due from the contractor on use of such material

during the preceding month for the quantity as certified by the Executive

Engineer shall be deducted from the next ensuing payments and in absence of

possibility of any such payment due to the contractor within the month under

consideration, it shall be open for the Collector or the competent authority to

stop further quarrying for which the contractor will be solely responsible for

stoppage of work in such circumstances. In case where quarry process is

likely to extend beyond the period of six months, it will suffice if quantity

certificates are sent by the Contractor.

21.3 In case of quarries in private lands, it will be for the Contractor at his own

cost to arrange for quarrying of the materials on the payment of whatever

charges as may be due to the owner.

21.4 All quarry fees, royalties, octroi, dues and ground rent for stacking

materials, if any, shall be paid by the contractor, which will not be

reimbursed by the department, as the same are included in the Tendered

rates.

22.0 Bills and Payments:

22.1 Two running payments in a month are permitted. First bill shall be

submitted by the contractor by 10th

day of the month. Payment of this bill

shall be effected as stated in clause 10 of B-1 form. Second bill if necessary

shall be submitted by the contractor by the 25th

day. Payment thereof shall

be effected as stated above. Non submission of the bills on the scheduled

dates shall not absolve the department from the liability to make payment.

22.2 The format of running bill on which the bills are to be submitted by the

contractor will be supplied to the contractor by the department. Printed

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Contractor No. of corrections Executive Engineer

copies of the bill forms as per this format shall be arranged by the contractor

at his cost. The bills in five copies shall be submitted to the concerned Sub

Divisional Officer/Engineer, in the standard proforma only.

22.3 The final bill shall be submitted within one month of the date of issue of

completion certificate. The final bill will generally be paid within six

months of initial submission.

22.4 Secured advance, against the cost of the materials brought on site by the

Contractor, limited to 75% of the cost of such materials, duly certified by

the Engineer‟s representative as received on site shall be paid to the

Contractor on submission of „Indenture for Secured Advances‟ in the

format given at Appendix „G‟. The secured advance thus paid to the

Contractor will be recovered against completion of the respective items for

which the materials were brought on site.

23.0 Security Deposit:

No interest will be payable on the security deposit by the department.

24.0 No interest on money due to the contractor:

No commission by the Engineer to pay the amount due upon measurement

or otherwise shall vitiate or make void the contract. The contractor shall not

be entitled to interest neither on any guarantee bond nor on any payment in

arrears nor on any balance that may, on the final settlement of his account,

be found due to him.

25.0 Other Contractor for the work:

Department has the right to split up the project work detailed in the work

and site conditions into distinct items and this contract shall apply only to

those items which shall have been specified in this contract.

Should the department enter into other contractors for specified items of the

Project work, each contractor shall co-operate with others to the fullest

extent and shall allow others every facility and cooperation 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 contractors 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 others

shall be final and binding on all parties and such a decision or decisions

shall neither vitiate the contract nor absolve the contractor of his

responsibilities under the contract nor form the grounds for any claim of

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Contractor No. of corrections Executive Engineer

compensation.

26.0 Contract documents and matters to be treated as confidential:

All documents, correspondence, decisions and other matters concerning the

contract shall be considered as of confidential and restricted nature. The

contractor shall not divulge or allow access thereto for any unauthorized

person.

27.0 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 pay-rolls, records of personnel, invoices of materials 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 items in the mode and manner that may be

specified.

28.0 Breach on part of Government not to Annul Contract:

Breach or non-observance on the part of Government of any of the

conditions contained herein shall annul this contract or discharge the

contractor from the observance and performance thereof, but on application

to the Engineer-in-charge, an extension of time may be given to the

contractor in respect of such breach or non-observance by the Government

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 the 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.

29.0 Local laws:

All local laws in force at the time of entering into the contract and those

enacted thereafter shall be binding on the Contractor and he shall abide by

the same.

All royalties, import and excise duties, VAT, local panchayat taxes and

other tax shall be borne by the contractor and they shall be deemed to have

been covered by his quoted tender rates, except that the contractor shall not

be liable to any land tax for the land handed over to him for the operation in

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Contractor No. of corrections Executive Engineer

connection with this contract or for his colony or appurtenant works

constructed by him for the purpose of this contract.

The Contractor shall also be liable to all relevant provision of the Indian

Income Tax Act and other tax laws and labour laws which may be

applicable to him from time to time.

The Contractor shall protect and indemnify Government against all claims

or liabilities arising from or based on the violation of such laws, ordinances,

regulations, by-laws by him or his employee.

30.0 Personnel of the contractor:

The Contractor shall, at all times, maintain on the work, as 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. Contractor shall also maintain at the work, a works manager

of sufficient status, experience and 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 absolutely be binding on the

Contractor.

The Contractor shall supply to the Engineer-in-charge the details of names,

qualifications and experience in regards to all the supervisory staff

employed by the contractor and notify changes when made and satisfy the

Engineer-in-charge regarding the quality and sufficiency of the staff thus

employed. The Engineer-in-charge will have the unquestionable right to ask

for changes in the quality and number of Contractor‟s staff. The Contractor

shall, on the 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 have misconducted himself, such

person shall not be employed again, on the work without the written

permission of the Engineer-in-charge.

The employment of labour on works shall be governed by The Contract

Labour (Regulation and abolition) Act-1970 and The Maharashtra Contract

labour (Regulation and Abolition) Rules-1971 and amendments thereof, if

any, before start of work.

31.0 Death, Bankruptcy etc:

If the Contractor shall die or commit any act of bankruptcy or commence

winding up except for reconstruction purpose or carry on his business under

a receiver, liquidator or any person whom the contract may become vested,

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Contractor No. of corrections Executive Engineer

shall forthwith give notice thereof in writing to the Government 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

providing such guarantee as may be required by the Government but not

exceeding value of the work for the time being remaining unexecuted. In

the event of stoppage of works, 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 Government by a notice in writing to

contractor or his successor. The power and provisions reserved to

Government on this contract, of taking the work out of the contractor‟s hand

shall immediately become operative. Copy of such notice shall be posted on

worksite and advertised in newspaper.

32.0 Notices, How to be given:

Where any legal or other notice or any other document or any other

direction is to be given to or 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 Manager (including in the

case of a company, the secretary of such company) or delivered at or sent

through the post, addressed to the last known place of business, or abode of

the Contractor, a notice or other documents which shall be so given to or

served on any one of the partners in such firms shall be deemed to have

been given or served on all of them.

Work Order Book:

The Contractor shall maintain bound work order book at work site as the

Engineer-in-charge may direct. The 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 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 these work order book, shall be deemed to have been

served on the contractor. On completion of the work, all the work order

books shall be handed over to the Executive Engineer.

In the event of refusal of the Contractor‟s representative on the spot to sign

the work orders book, Engineer-in-charge shall take necessary further steps

in respect of further communication and control, notification of stoppage of

work as deemed fit at the entire responsibility of the contractor.

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Contractor No. of corrections Executive Engineer

33.0 Passing of Foundation etc.:

After the completion of the work of excavation, the same will be checked

and passed by the Engineer Incharge. No masonry or concrete or

backfilling 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.

34.0 Reference to Standard Specifications:

The specifications of the work as enclosed with this contract documents are

drawn with a specific reference to site conditions and do not everywhere

include the detail of the standard tests and procedures which are already laid

down and available in the current Indian Standard Specifications. Wherever

such details are not specified in this contract, the provision under current

Indian Standard Specifications and/or the Standard Specifications -1981 of

the Government of Maharashtra shall be deemed to be applicable.

35.0 Communications and Notices by Contractors:

All communications and/or notices pertaining to works and concerning

matters, such as passing and approving of foundations, reinforcement and

form work, measurements, mark-outs, etc. shall not be addressed by the

Contractor to an officer below the rank of Sub-Divisional Officer. All such

notices, communications, etc. shall be addressed in good time so as not to

hold up the work.

36.0 Non-compliance of Contract Conditions:

If the contractor neglects or fails to proceed with the works, with due

diligence or violates any of the provisions of the contract, the Engineer-in-

charge may give notice to the contractor, identifying the 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

the contractor fails to fulfill by necessary corrective action.

Depending on nature of default the Engineer-in-charge at his discretion,

shall have two options, regarding the 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 the 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 claim for compensation of any sort, from contractor will be entertained

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Contractor No. of corrections Executive Engineer

for withholding the bills indefinitely till the specified requirements are

complied with by the contractor.

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

Government shall have a lien on all such plants, equipments and materials

from the date of such notice till deficiencies have been corrected.

37.0 Extra Items:

Extra items of work shall not vitiate the contract. The Contractor shall be

bound to execute extra items of work as directed by the Engineer-in-charge.

The rate for extra items will be governed by the provisions of clause 14 and

30 of „Conditions of Contract.‟

38.0 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 Mumbai Centre as per the Labour Gazette

published by the Commissioner of Labour, Government of Maharashtra

and/or in the whole-sale Price Index for all commodities prepared by the

Office of Economic 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. and D.I. Pipes Component

Calculated as per the formula hereinafter appearing, shall be made.

Apart from these, no other adjustments shall be made to the contract

price for any reasons whatsoever. Component percentage as given below

are as of the total cost of work put to tender. Total of labour, Material &

POL components shall be 100 and other components shall be as per

actual.

1 Labour Component – K1 (62.75 %)

2 Material Component – K2 (22.82 %)

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Contractor No. of corrections Executive Engineer

3 POL Component – K3 (14.43%)

4 Bitumen Component 0

5 HYSD & Mid Steel Component (0 %)

6 Cement Component (0 %)Actual

7 C.I. and D.I. Pipe Component 0

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 = 0.85 P K1 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.

(These star rates shall be specified here)

Here, Star Rates for-

It should be average of qurter procedding the month in which the tender

called is or DSR whichever is higher.

1) Cement = Rs. 5,000 / MT

2) Steel = Rs. - / MT

K1= Percentage of Labour Component as indicated above.

LO= Basic Consumer Price Index for Mumbai Centre 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 Mumbai Centre for the quarter under

consideration.

2 Formula for Materials Component:

V2 = 0.85 P K2 x M1 – M0

100 M0

Where

V2= Amount of price variation in Rupees to be allowed for Materials

component.

P=

K2= Percentage of Material Component as indicated above.

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Contractor No. of corrections Executive Engineer

MO= Basic wholesale Price Index shall be average wholesale price index for the

quarter preceding the month in which to the last date prescribed for receipt

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 – P0

100 P0

Where,

V3= Amount of price variation in Rupees to be allowed for POL component.

P= Same as worked out for labour component

K3= Percentage of Petrol, Oil and Lubricant Component.

P0= Average Price of HSD at Mumbai Centre during the quarter preceding the

month in which the last date prescribed for receipt of tender, falls.

P1= Average Price of HSD at Mumbai Centre during the quarter under

consideration.

4 Formula for Bitumen Component

V4 = QB (B1 – B0)

where

V4= Amount of price variation in Rupees to be allowed for Bitumen component.

QB

=

Quantity of Bitumen (Grade..) in metric tones used 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 the month in

which the last date prescribed for receipt of tender, falls, whichever is

higher.

5 Formula for HYSD and Mild Steel Component

V5 = S0 (SI1 - SI0) x T

SI0

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Contractor No. of corrections Executive Engineer

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 to the last date prescribed for receipt of tender, falls.

T= Tonnage of steel used in the permanent works for the quarter under

consideration.

6 Formula for Cement Component

V6 = C0 (CI1 - CI0) x T

CI0

where

V6= Amount of price escalation in Rupees to be allowed for cement component.

C0= Basic rate of cement in rupees per metric 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 to the last date prescribed for receipt of

tender, falls.

T= Tonnage of cement used in the permanent works for the quarter under

consideration.

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

component.

D0= Pig Iron basic price in rupees per tonne as considered for working out value

of P

D1= Average Pig Iron price in rupees per tonne during the quarter under

consideration (published by HSCO)

Qd= Tonnage of C.I./D.I. Pipe used in the works during the quarter under

consideration.

The following Conditions shall prevail :

i) The Operative Period of the contract shall mean the period commencing

from the date of 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

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Contractor No. of corrections Executive Engineer

time, if any, for completion of the work granted by Engineer-in-charge

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-in-charge as regards the operative

Period of the contract shall be final and binding on the contractor. Where

compensation for liquidated damages is levied on the contractor on account

of delay in completion or inadequate progress under the relevant contract

provisions, the price adjustment amount for the balance 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 levels corresponding to the date from

which such Compensation is levied.

ii) This Price Variation Clause shall be applicable to all contracts in B-1, B-2

and „C‟ form but shall not apply to piece works. The price variation shall be

determined during each quarter as per formula given above in this clause.

iii) The price variation under this clause shall not be payable for the extra items

required to be executed during the completion of the work and also on the

excess quantities of items payable under the provisions of clause 38/37 of

the contract from B1/B2 respectively. Since the rates payable for the extra

items or the extra quantities under Clause 38/37 are to be fixed as per the

current 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 from B1/B2 extends

beyond the operative date of the the DSR then rates payable for the same

beyond that date shall be revised with reference to the current D.S.R.

prevalent at that time on year to year basis 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, payment on account of Price variation shall be

allowed to the contractor and if it is on the negative side, Government shall

be entitled to recover the same from the contractor and the amount shall be

deductible from any amounts due and payable under the contract.

v) To the extent that full compensation for any rise or fall in costs to the

contractor is not entirely covered by the provision of this or other clauses in

the contract, the unit rate and prices included in the contract shall be deemed

to include amounts to cover the contingency of such other actual rise or fall

in costs.

39.0 Compensation for delay in completion of work on Government account

:

If the progress of the work is adversely affected due to the shortage of

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Contractor No. of corrections Executive Engineer

funds, non-availability of cement and other key construction materials, etc.

and delay in handing over lands for construction due to land acquisition

problems, etc., relief as shown below will be considered subject to the

condition specified hereinafter :

Sr.No. Actual progress of work

compared with the

programme provided in the

Tender during the Affected

period

Extent of relief

1. 50% to 25% i) Recovery of installments against

machinery and mobilization

advances and interest charges

thereon will be postponed.

2. Less than 25% i) Interest charges on advance will

be totally waived.

ii) Recovery of installments for

advance will be postponed.

3. Total Stoppage of Work i) Compensation for idle labour and

contractor‟s overhead charges for

the period in the question, for

which detailed record should be

maintained by the project officer,

may be granted to the contractor

after careful scrutiny of the

claims and obtaining specific

Government approval.

ii) Interest charges on advance will

be totally waived.

iii) Recovery of installments for

advance will be postponed.

i) The affected period should not be less than 2 (two) months.

ii) The appropriate affected period for grant of relief will be decided by the

Chief Engineer, Water Resources Department, Konkan Region,

Mumbai.

40.0 Liability for accidents to persons :

It shall be contractor‟s responsibility to protect against accidents on the

work site. He shall indemnify the government against any claims for

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Contractor No. of corrections Executive Engineer

damage to the property, injury to workers or any other persons, deaths

etc.

On the occurrence of 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 fact stating clearly about

the circumstances in which accident has occurred and the 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 cases contractor shall indemnify the Government

against all losses or damage resulting directly or indirectly from the

contractor‟s failure to report in the manner aforesaid or otherwise

arising from such occurrences. This includes penalties or fines, if any,

payable by the Government as a consequence of failure to give notice

under the Workmen‟s Compensation Act or failure to the provisions of

the said Act in regard to such accidents.

In the event of accidents in respect of which compensation may become

payable under Workmen‟s Compensation Act VIII of 1923 including all

subsequent modifications thereof, the Engineer-in-charge, may retain

the sums of money as may, in the opinion of the 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 receipt of award from the Labour

Commissioner, the balance amount shall be reimbursed to or recovered

from the contractor.

It should be noted that though the Government is the Principal

employer, the complete responsibility of compensation shall be on the

contractor.

41.0 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, machinery, time

bearing tools, implements and generally of all the means irrespective of

whether such means may or may not have been approved or

recommended by the Engineer-in-charge and the contractor must accept

and discharge all risks of accidents or damages from whatever cause

they may arise, until the completion this contract.

42.0 Covering of work :

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Contractor No. of corrections Executive Engineer

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 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 that the measurements of work to be covered

up are recorded.

43.0 Excavated material:

All the materials available from excavation will be the property of the

Government 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 Government may be used

by the contractor in the items of works included in Schedule „B‟ or for

ancillary or preparatory work, free of cost. The Prior approval of the

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.

Government will be free to make use of 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 used by the contractor as above or stacked

for his use, but remaining unused material at site after completion of

works shall be disposed off by the contractor at his own cost in a

manner and at places shown in the drawings or as and where the

Engineer-in-charge may direct.

The contractor should utilize the material available from excavated stuff

for backfilling.

44.0 Safety measures :

The contractor shall arrange for the safety in his operations as required

including the provisions in the safety manual published by the Central

Water 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 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

improvement to these precautions on his own where necessary and

should comply with the directions issued by the Engineer-in-charge in

this behalf from time to time and at all times.

Providing protective head guard to workers in the works like deep

excavation to protect them against fall of overburden materials.

Getting the workers in such job periodically examined for chest trouble

due to too much breathing in fine dust.

Taking such normal precautions like fencing and lighting to excavations

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Contractor No. of corrections Executive Engineer

or trenches, not allowing, nails or metal parts or useless timber spread

around, marking danger area for blasting, whistles etc.

Providing sufficient suitable and safe accesses to all work spots

including ladders, gangways, platforms, etc. avoiding naked wires etc.

such would electrocute the workers.

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.

45.0 Maintenance :

After the works are completed in all respects in accordance with the

contract conditions, a completion certificate will be issued by the

Engineer-in-charge.

From the date of issue of the completion certificate, till the expiry of 12

calendar months the contractor shall be liable for replacement of any

part of plant or work found to be defective from the causes arising from

faulty materials or workmanship or other causes, for which, in the

judgement of the Engineer-in-charge, the contractor is responsible and

for making good any damage arising there from.

46.0 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 form any grounds 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 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 festival, religious and

other customs and all relevant laws.

47.0 Bank Guarantee:

Bank Guarantee shall be given on the stamp of Rs.100/- in the form

prescribed by the Government. The bank guarantee shall be valid for

the entire period of contract, including defect liability period. It will be

the responsibility of the contractor to get validity of bank Guarantee

extended at least one month prior to expiry date from time to time,

failing which the Bank Guarantee shall be encashed well before the

expiry date of bank guarantee and cash accrued will be at the disposal of

the Government without interest.

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Contractor No. of corrections Executive Engineer

48.0 Handing over of work:

All the work and materials, before finally taken over by Government

will be the entire liability of the contractor for guarding, maintaining

and making good any damages of any magnitude. Interim payments

made for such work will not alter this position. The handing over by the

contractor and taking over by the Executive Engineer or his authorised

representative will be always in writing of which copies will go to the

Executive Engineer or his authorized representative and the contractor,

however, understood that before taking over such work, Government

will not put it into regular use as distinct from casual or incidental one,

except as specifically mentioned elsewhere or as mutually agreed to.

49.0 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 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 of

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 if the rates fixed by the

Engineer, are not acceptable to the contractor, he shall have the option

to replace the defective work or materials with ones in accordance with

the specified standards.

50.0 Jurisdiction of court for disputes:

Disputes, if any, arising out of this contract shall be subject to the

jurisdiction of the high court of Mumbai.

51.0 Inspection of works:

The Engineer or his duly authorized representative shall have at 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 of

any person except authorized representative of the Department 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, platform,

scaffolding and ladders, etc. of suitable dimension and sufficiently

strong at appropriate location and all accesses to passages etc. shall be

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Contractor No. of corrections Executive Engineer

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 experiences to supervise various items and

operation of the work and the said supervisor shall remain present

during inspection of the Engineer-in-charge. All orders and direction

given to such supervisors or other staff of the contractor shall be

deemed to have been given to the contractor directly. Further the

Engineer, by due notice to the contractor, may direct to be present on

any specified inspection and the contractor shall comply with such

directions.

52.0 Opening outworks :

Should Engineer consider, if 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 opening 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.

53.0 No Compensation for washed away quantity:

It shall be responsibility of the contractor to maintain the work during

construction. Any damages due to heavy flood, High tide, Low tide

water shall be set right by the contractor and no claim or compensation

for such a work would be entertained.

54.0 Dewatering:

During excavation earth work, concreting and masonry the standing and

percolating water shall be dewatered by the contractor. No claim will

be entertained in respect of any dewatering required for the purpose of

inspection by Engineer-in-charge or for any repeated dewatering

involved due to lack of progress at any location for whatsoever reason.

55.0 Sub-Surface Conditions:

The contractor may study the actual site conditions and must draw his

own conclusion in this respect. The contractor must also acquaint

himself with the regional geology.

The contractor shall bear full responsibility for deductions and

conclusions as to the nature and conditions of the materials to be

excavated and the difficulties of making and maintaining the required

excavation and of doing other works affected by the geology of the site

of the work.

56.0 Work during rains :

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Contractor No. of corrections Executive Engineer

Work during heavy rains will not be allowed. However when masonry

or concreting work is required to be done or continued while it is

raining, it shall be seen that the mortar or concrete is not damaged due

to rain while it is being transported and placed. After placing the green

Masonry/Concrete shall be adequately covered for a period of 24 hours

when it shall be capable of being cured by a splash of water. The

surface of fresh masonry/concrete should be maintained at slope

sufficient to result with self drainage of rainwater. The work shall

however be discontinued when the rain is so severe that water collects

in pools or washes the surface to the fresh masonry/concrete and it shall

not be possible to provide adequate shelter.

57.0 Ancillary works :

These works like construction of the temporary accommodations for

residential and non-residential purpose for contractor‟s staff

investigation and opening of store, sand and/or soil quarries etc, water

supply, approach road, etc. Shall be constructed to the satisfaction of the

Engineer-in-charge. The cost of construction and maintenance shall be

deemed to have been considered in the cost of the main works.

58.0 Land for Work :

No local housing is available and the contractor should arrange for

suitable housing for his staff and labour, offices, etc. at his own cost

within the area of works as directed by the Executive Engineer. Land

for the same to the extent available will be made available free of

charge for temporary use during the course of execution.

The land used by contractor for his staff and labour colony will have to

be handed over back to the Government within three months after the

physical completion of the work or termination of contract, whichever is

earlier, fully cleared and fairly brought to the original condition. No

structure of construction shall be left on the land at the time of vacating

it without the specific approval of Engineer-in-charge.

The contractor shall preserve all existing vegetation such as trees on or

adjacent to the site which do not interferes with the construction as

determined by the Engineer-in-charge.

All produce from cutting of trees; grass etc. shall be the property of

Government and shall be stacked at the place specified by the Engineer

in charge. No claim shall be made for such cutting and stacking of trees

and grass etc. by the Contractor.

59.0 Power to inspect materials transported by the Contractor:

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Contractor No. of corrections Executive Engineer

The Engineer-in-charge or his authorized representative will have the

power to inspect any lorry carrying material, of the contractor before

allowing it to leave the works area.

60.0 Preservation of Forest:

The area near about the work site is largely covered with mangroves and

is under the control of Environment and Forest Department. The

contractor must take all precautions and care to see that no unlawful

sorts of activity in connection with work or colonies are carried out in

these areas. The contractor and his authorized agent and or his

labourers shall not perform any act so as to violate the provisions of the

conservation of forest act 1980, passed by Govt. of India or the

notification regarding Coastal Regulatory Zone, 1991. Any

infringement of the Conservation of Forest Act 1980 or C.R.Z.

notification, 1991 by the contractor and/or his authorized agent and /or

labourers, will be at the contractor‟s risk and cost.

Any illicit cutting of trees and any such activities which may cause

harm to forest or mangroves are strictly prohibited and the contractor

shall be liable for payment of heavy compensations if any illicit cutting

of trees is done or any fire hazards take place due to negligence or

carelessness of the contractor or his labour and staff during execution of

work.

Contractor‟s labour and staff while working on the project in the forest

area shall not cause destruction of the forest area or mangroves for their

fuel wood needs and or other reasons. Breach thereof will attract penal

action as deemed fit by the Engineer-in-charge of the work.

61.0 Water Supply and Drainage:

The contractor will have to make his own arrangements for

requirements of drainage and water supply for his work and drinking

purpose. No claim whatsoever due to non-availability of water in the

nalla shall be entertained.

62.0 Medical Aid:

Medical Aid for the Contractor‟s men shall be arranged by the

contractor at his own cost. The medical facilities are available at the

nearest Taluka place.

63.0 Roads:

The contractor shall construct and maintain suitable inspection paths in

work‟s limitation. Any approach road to be constructed for the work

shall also be constructed as directed by Engineer-in-charge. the

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Contractor No. of corrections Executive Engineer

approach road shall be maintained by the contractor at his own cost.

There will, however, be no charge for any reasonable use of the

approach road constructed by the Department.

64.0 Government treasury and banking :

The Government Treasury and banking facilities exist at the nearest

Taluka place.

65.0 The contractor shall make his own enquiries regarding the availability

of all materials required for the work except those provided in the

Schedule „A‟.

66.0 Precautions during the floods :

It shall be the responsibility of the contractor to preserve and maintain

in safe condition all materials, machinery and tools from flood and rain

and no compensation whatsoever will be payable to him on account of

loss due to normal floods, rains and any other causes.

67.0 Embedded items:

Before placing concrete and/or masonry care shall be taken to see that

all embedded items are firmly and securely fastened in place as

indicated on the drawings or as directed. All embedded item shall be

cleaned free from all foreign matter such as scale, dust, oil paint, etc.

The embedded parts which are not included in the schedule shall be

supplied by the Government free of charges delivered firmly near the

work site as whole. The contractor shall however be responsible for

correctly embedding the same as directed without any charge, the cost

of such embedding deemed to have been included in the item of

concrete and or masonry as the case may be. No extra payment will be

made for the installation of this embedment work for delays or for

interruptions arising there from.

68.0 Working Drawings:

The plans/drawings attached with the tender papers are only typical

plans/ drawings. The working plans/drawing of earthwork and masonry

structures for bund & C.D. work will be supplied at the time of

execution as per site conditions. The claims for any variations in the

quantity will be governed by the clause 38 of B-1 form.

69.0 Disputes and arbitration:

No arbitration is allowed.

In case of disputes of difference of opinion arising between the

Engineer-in-charge and the contractor, the contractor shall refer the

matter to the Superintending Engineer through the Engineer-in-charge

with an advance copy to the Superintending Engineer.

In case the Superintending Engineer‟s decision is not acceptable, the

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Contractor No. of corrections Executive Engineer

contractor shall refer the matter to the Chief Engineer through the

Superintending Engineer with an advance copy to the Chief Engineer.

In case of the Chief Engineer‟s decision is not acceptable and if the

matter otherwise satisfies the conditions laid down for the purpose, the

contractor can refer the matter to the Secretary‟s Committee appointed

by Government of Maharashtra Vide Government Resolution No.

CAT/1084/1084/(5)/Bldg-2 dated 21/12/84 through the Chief Engineer.

The decision of the Committee will be final and binding on the

contractor.

Notwithstanding anything contained above in so far as the specifications

and technical provisions of contract are concerned the decision of the

Chief Engineer shall be final & binding on the contractor.

70.0 Relation with Public Authorities:

The contractor shall comply with all rules, regulation bye-laws,

direction given from time to time by any local or public authority in

connection with the work and shall himself pay fees for charges which

are leviable on him without any extra cost to Department.

71.0 Rates :

The rates specified by the Contractor shall be inclusive of all taxes (viz.

VAT., General Tax and other taxes) and Contractor should quote the

percentage rate in B-1 Form accordingly.

72.0 Indemnity :

The Contractor shall indemnify the Government against all actions, suits

claims and demands brought or made against him in respect of anything

done or committed to be done by the Contractor in execution of or in

connection with the work of this contract and against any loss or

damage to the Government in consequence of any action or suit being

brought against the Contractor for anything done or committed to be

done in the execution of the works of this contract.

73.0 Police Protection:

For the special protection of camp and of the Contractor‟s works, the

Engineer-in-charge will help the Contractor as far as possible to arrange

for such protection with the concerned authorities, if so requested by the

Contractor in writing. The full cost of such protections shall be borne

by the Contractor.

74.0 Contractor‟s Liability and Insurance:

74.1 From commencement to completion of work, the Contractor shall take

full responsibility for the care thereof and for taking precaution to

prevent loss or damage and to the greatest extent possible and shall be

liable for any damage or loss that may happen to the works or any part

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Contractor No. of corrections Executive Engineer

thereof from any cause whatsoever (save and except the Excepted

Risks) and shall at his own cost repair and make good the same so that

at completion, the work shall be in good order and condition and in

conformity in every respect with requirements of the contract and

instructions of the Engineer in charge.

74.2 Without limiting his obligations and responsibility under Claude 23, the

Contractor shall insure in the joint name of the Government and the

Contractor against all loss or damage from whatever cause (other than

the Excepted Risks) for which he is responsible under the terms of the

contract and in such a manner that the Government and the Contractor

are covered during the period of construction of the works and the

defects liability period for loss or damage arising from a cause

occurring prior to the commencement of the damage cause by the

Contractor in the course of any operation carried out by him for the

purpose of complying with his obligations under Clause 20 of B-1

Tender form (regarding Defect Liability)

i) The work and the Temporary works to the full value of such works

executed from time to time.

ii) The materials, constructional plant and other things brought to site

by the Contractor to the full value of such material, constructional

plant and other things.

74.3 The Contractor shall indemnify and keep indemnified the Department

against all losses and claims for injuries or damages to any person or

any property whatsoever which may arise out of or in consequence of

the construction and maintenance of the works and against all claims,

demands proceedings, damages, costs, charges and expenses whatsoever

in respect of or in relation thereto provided always that nothing herein

contained shall be deemed to render the Contractor liable for in respect

of or to indemnify the Department against any compensation or damage

caused by “EXCEPTED RISKS”.

74.4 Before commencing of the work, the contractor shall, without in any

way limiting his obligations and responsibilities under the conditions,

insure against any damage, loss or injury which may occur to any

property (including that of Department) or to any person (including any

employee of Department) by or arising out of carrying out of the

contract.

74.5 Where a Department building or a part thereof is rented to the contractor

he shall insure the entire building if the building or any part thereof is

used by him for the purpose of storing or using materials of combustible

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Contractor No. of corrections Executive Engineer

nature. In case of doubt in the matter the decision of Engineer-in-

charge shall be final and binding on the Contractor.

74.6 The contractor shall at all times indemnify the Department against all

claims, damages ;of compensations under the provisions of payments of

wages Act, 1936, Minimum Wages Act 1948, Employment Liability

Act, 1938, Industrial Dispute Act 1947, Maternity Benefit Act, 1961

and Inter State Migrant Workmen(Regulation of Employment and

Conditions of Services) Act, 1979 or any modifications thereof, any

other law relating thereto, any rules made there under from time to time

or as a consequence of any accident or injury to any workmen or other

person in or about the works, whether in the employment of the

Contractor or not, save and except where such accident or injury has

resulted from any act of the Department, their agents or servants and

also against all costs charges and expenses or any suit, action or

proceedings arising out of such accident or injury and all sum or sums

which may with the consent of the Contractor be paid to compromise or

compound any such claim without limiting his obligation and liabilities

as above provided the Contractor shall insure against all claims,

damages or compensation payable under the workmen Compensation

Act, 1923 or any modifications thereof or any other law relating thereto.

74.7 All the aforesaid insurance policies shall provide that they shall not be

cancelled till the Engineer-in-charge has agreed to their cancellation.

74.8 The Contractor shall prove to the Engineer-in-charge or his authorized

representative from time to time that he has taken out all the insurance

policies referred to above and has paid the necessary premia for keeping

the policies alive till the expiry of the Defects Liability Period.

74.9 The Contractor shall ensure that similar insurance policies are taken out

by his sub-contractor (if any) and shall be responsible for any claims or

losses to department resulting from their failure to obtain adequate

insurance protection in connection thereof. The Contractor shall

produce or cause to be produced by his sub-contractors (if any), as the

case may be, relevant policy or policies and premium receipts as and

when required by the Engineer-in-charge.

74.10 If the Contractor/ or his sub-contractor, if any, shall fail to effect and

keep in force the insurance referred to above or any other insurance

which he/they may be required to effect under the terms of the contract,

then in any such case, department shall deduct 1% amount form his

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Contractor No. of corrections Executive Engineer

payment and shall pay to Director of Govt. Insurance fund.

74.11 All insurance to be effected by the Contractor and/or his sub-contractor

(if any) shall be taken out only with the Directorate of insurance,

Government of Maharashtra, , Mumbai 400 051.Its postal address for

correspondence is “264 MHADA , Opp. Kalanagar Bandra (E) Mumbai

400 051.

75.00 Constuction Program

The construction of new Kharland scheme or renovation of kharland

scheme includes earthen bund and sluice gates at various locations. The

priority should be given to the construction of sluice gates. The

construction of sluice gate must be complete before 50% of time limit of

contract. No further payment of earthwork is done till the completion of

sluice gates.

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Contractor No. of corrections Executive Engineer

APPENDIX „A‟

DETAILS OF WORKS SIMILAR TYPE AND MAGNITUDE

CARRIED OUT BY THE TENDERER LAST

Sr. No. Name of the Work Name and

address of the

organisation for

which the work

was done.

Place

and

country

Tendered

Cost

Time in

which the

work is

completed

Date of

completion

Principal

features

in brief

1 2 3 4 5 6 7 8

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Contractor No. of corrections Executive Engineer

APPENDIX „B‟

LIST OF OTHER WORKS TENDERED FOR AND IN HAND FOR LAST FIVE YEARS

AS ON THE DATE OF SUBMISSION OF THIS TENDER

Name of the Tenderer : ------------------------------------------------------------------------------

Sr.No. Name

of the

Work

Name and

address of

the

organization

for which

the work

was done.

Place

and

country

Work in Hand Work tendered for Remarks

Tendered

Cost

Cost of

remaining

work

Anticipated

date of

completion

Tendered

Cost

Cost of

remaining

work

Anticipated

date of

completion

1 2 3 4 5 6 7 8 9 10 11

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Contractor No. of corrections Executive Engineer

APPENDIX „C‟

LIST OF MACHINERY IMMEDIATELY AVAILABLE WITH THE TENDERER WHICH WILL BE USED

ON THIS WORK

Name of the Tenderer : ------------------------------------------------------------------------------

Sr.No Name of

equipment

No of

units

Kind

and

make

Capacity Age of

machinery

Present

condition

of

Machinery

Present location

with name and

address of the

organisation hire

machinery under

use at present

Whether the

machinery is

hypothecated to

any division,

Bank or Institute

etc.

Whether

owned of

otherwise

1 2 3 4 5 6 7 8 9 10

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Contractor No. of corrections Executive Engineer

APPENDIX „D‟

DETAILS OF TECHNICAL PERSONNEL WITH THE TENDERER FOR PLACEMENT ON THIS WORK

Name of the Tenderer : -------------------------------------------------------------------------------------------------------------------

-----

Sr.No. Designation Name Qualification Professional Experience and

details of work carried out

Remarks

1 2 3 4 5 6

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Contractor No. of corrections Executive Engineer

APPENDIX „E‟

DECLARATION OF THE CONTRACTOR

1. I/We -----------------------------------------------------------------------------

Contractor (s) hereby undertake that I/We shall pay to the labourers,

engaged on the work of 4402 ( Plan )Renovation to Bund Bet. Ch. 0

to 3180 of Phanaspada Khardi Koshimbe Kharland scheme, Tal:

Vasai Dist: Thane, wages as per minimum wages act 1948 and

amendments thereto applicable to the zone in which the work lies and

acts 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 condition regarding all materials and labour on

which I/We have bidded my/our rates for this work. The specifications

and drawings of this work have been carefully studied and understood

by me/us before submitting this tender.

3. I/We hereby undertake to indemnify and hereby to indemnify the

Government against all liabilities arising out of application of all labour

laws viz. the minimum wages act, the workmen‟s compensation act, the

payment of wages act, ESIS and PF act, etc with reference to labour

engaged on subject work.

4. I/We hereby declare that I/We are aware of the inclusion of all lead and

lift charges of the required materials in the rates of items in the schedule

„B‟ of this tender for the work of Renovation to Bund for Phanaspada

Khardi Koshime Kharland Scheme. The rates are agreeable to me/us.

I will not claim any charges for extra lead and lift of the materials.

5. I/We hereby declare that I/We have made myself/ourselves thoroughly

conversant with the site conditions particularly daily tidal variations,

approach to the work site, behavior of embankment in tidal variations

during construction till completion on which my rates are based for this

work. I undertake to use only the best materials approved by the

Executive Engineer, Kharland Development Division, Thane by his duly

authorized assistant and to abide by his decision.

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Contractor No. of corrections Executive Engineer

APPENDIX „F‟

FORM OF BANK GURANTEE BOND

(ON STAMP PAPER WORTH Rs. 100/-)

In consideration of the Governor of Maharashtra (hereinafter called

“The Government”) having agreed to exempt --------------------------------

----------------------------------- (hereinafter called the said contractors)

from depositing with Government in cash of being the amount of

security deposit payable by the contractor to the Executive Engineer,

Kharland Development Division, Thane of the one part and the

contractor of the other part (herein referred „The said agreement‟) for ---

---------------------- as security for the due observance and performance

by the contractor of the terms and conditions contained in the said

agreement, on the contract furnishing to the Government guarantee in

the prescribed form of a Scheduled Bank in India being in fact these

present in the like sum of our Local Head Office at -------------------------

------ hereby.

1. Guarantee to the Government

a) Due performance and observance by the contractor of the terms,

covenants and conditions on the part of the contractor contained in the

said agreement.

Due and punctual payment by the contractor to the Government of all

sums of money, losses, damages, cost charges, penalties and expenses

payable to the Government by the contractor under or in respect to the

said agreement.

2. Undertake to pay to the Government on demand by the Executive

Engineer, Kharland Development Division, Thane and without demur

and not withstanding any dispute or disputes raised by the contractor in

any suit or proceeding filed in any court of Tribunal relating thereto the

said sum of Rs. ----------- (Rupees -----------------------) or such lesser

sum as may be demanded by the Executive Engineer, Kharland

Development Division, Thane from us our liability hereunder being

absolute and unequivocal and agree that.

3. a) The guarantee herein contained shall remain in all full force & effect

during the subsistence of the said agreement and the same will continue

to be enforceable till all the dues of the Government under or by virtue

of the said agreement have been duly paid and its claims satisfied or

discharged and till the Executive Engineer, Kharland Development

Division, Thane certifies that the terms and conditions of the said

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Contractor No. of corrections Executive Engineer

agreement have been duly and properly carried out by the contractor.

b) We shall not be discharged or released from the liability under this

Guarantee by reasons of

i) any change in the constitution of the bank of the contractor, or

ii) any arrangement entered in between the Government and the

contractor with or without our consent:

iii) any forbearance of indulgence shown to the contractor:

iv) any variation in terms of covenants or conditions contained in the

said agreement

v) any time given to the contractor

vi) any other conditions or circumstances under which, in law, a surety

would be discharged.

c) Our liabilities hereunder shall be joint and several with that of the

contractor as if we were the principal debtors in respect of the said sum

of Rs. ----------- (Rupees ----------------------------------------------------

only)

AND

d) We shall not revoke this guarantee during its currency except with the

previous consent in writing of the Executive Engineer, Kharland

Development Division, Thane.

IN WITNESS WHEREOF THE common seal of

Has been hereinto affixed this ----------- day of ---------- 200

The common seal of -----------------------------------------------------------

was pursuant to the resolution of the Board of Directors of the company

dated the ------- --- day of ------------,200 herein affixed in the presence

of -------------------------------------------,who, in token thereof, have set

their respective hands in the presence of-

1) ------------------------------------------------------------------------------

2) ------------------------------------------------------------------------------

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Contractor No. of corrections Executive Engineer

APPENDIX “G”

Vide para 1-13 of General Specification Section I of part II

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 certain specified quantity of

work in 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 Government of Maharashtra

(hereinafter called as the Government which expression shall where the context

so admits or implies be deemed to include his successors in office and assigns)

of the other part.

WHERE by an agreement dated ------------- (hereinafter called the said

agreement the contractor has agreed.

AND WHEREAS the contractor has applied to the Government 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 he has undertaken to execute at

rates fixed for the finished work (inclusive of material and labour and other

charges)

AND WHEREAS the Government has agreed to advance to the contractor the

sum of Rs. ----------- (Rupees ---------------------------------------------------- only)

on the aforesaid security and has reserved to himself the opinion 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 Rs. ------------ on or before the execution of

these presents paid to the contractor by the Government (the receipt where of

the contractor both hereby acknowledge and of such further advances (if any)

may be made to him as aforesaid, the contractor does hereby convenant and

agree with the Government and declare as follows:

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Contractor No. of corrections Executive Engineer

1. That the said sum of Rs. ------------------- so advanced by the Government

to the contractor as aforesaid shall be employed by the contractor in or

towards expediting the execution of the said work and for non other

purpose whatsoever.

2. That the materials detailed in the said running account bill which have

been offered to and accepted by the Government as security are

absolutely the contractor‟s own property and free from encumbrance 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 encumbrance of any kind and the contractor

indemnifies the Government against all claim to any materials in respect

of which an advance has been made to him as aforesaid.

3. That the material detailed in the said running account bill and all

materials on the security of which any further advances may hereafter be

made as foresaid (hereinafter called the said materials shall be used by

the contractor solely in the 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

arrangements for the roper watch, safe custody and protection against all

risk of the said works in the contractor‟s custody. In the event any part

being stolen destroyed or damaged the contractor will forth will replace

the same as required by the same.

5. That the said material 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 authorized by him in the behalf.

6. That the advance shall be repayable in full when or before the contractor

receives the payment from the Government of the price payable to him

for the said works under the terms and provision of the said agreement,

provided that if any intermediate payments are made to the contractor on

an account of work done then on occasion of each payment the

Government shall recover the values 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 amount of

advance made under these present were calculated.

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Contractor No. of corrections Executive Engineer

7. That if the contractor shall, at any time, make any default in the

performer or observance of any of the term and provision of the said

agreement or of those present the total amount of the advance that may

still be owing to the Government shall, immediately on the happening of

such defaults, be repayable by the contractor to the Government 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 and expenses incurred by the

Government, in or for the recovery thereof for the enforcement of the

security or otherwise by reason of the default of the contractor and the

contractor hereby covenants and agrees with Government to repay and

pay the same respectively to him according.

8. That if the contractor hereby charges all the said materials with the

repayment to the Government of the said sum of Rs. ------------------ and

any further sum or 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 shall become enforceable and the money owing shall not be

paid in accordance therewith the Government may at any time thereafter

adopt all or any of the following courses as he may deem best.

a) Seize and utilize the said materials or any part thereof in the

completion of the said works on behalf of the content 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 the contractor with the rates thereby

provided. If the balance is against the contractor he is to pay the same

to the Government 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 th

aforesaid repayable to the Government under these presents and pay

over the surplus (if any) to the contractor.

c) Deduct all or part of the money owing out of the security deposits

or any sum due to the contractor under the said agreement.

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Contractor No. of corrections Executive Engineer

d) That except in the event of such default on the part of the

contractor as aforesaid, interest, interest on the said advance shall not

be payable.

e) 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

constructions or effect of these presents the settlement of which has

not been hereinabove expressly provided for the same shall be

referred to the Superintending Engineer, Kharland Development

Circle, Thane, whose decision shall be final.

IN WITNESS WHEREOF the said ---------------------- and -------------

--------------- by the order and under the direction of the Government

have hereunto set their respective hands the day and the 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 Government of Maharashtra in

presence of

Witness :

Signature :

Name :

Address :

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Contractor No. of corrections Executive Engineer

APPENDIX ' H' Programme of work to be carried out until completion

Renovation to Bund Bet. ch. 0 to 3180 of Phanaspada Khardi Koshimbe Kharland scheme, Tal: Vasai Dist: Thane

Sr.

No.

Item of work Total

Tender

Qty

Unit Programme of execution

I-Year II-Year

i ii iii iv I ii iii iv

Qtr Jan to

Mar

Qtr Apr

to Jun

Qtr Jul

to Sept

Qtr Oct

to Dec

Qtr Jan

to Mar

Qtr Apr

to Jun

Qtr

Jul to

Sept

Qtr Oct

to Dec

1 2 3 4 5 6 7 8 9 10 11 12

1 Clearing 32760.00 Sqm. 25760.00 - --- --- 7760.00 --- --- ---

2 Excavation for Bund ( Stripping) 30562.00 Sqm. 10000.00 10000.00 -- -- 10562.00 --- --- ---

3 Hearting 30490 Cum. 10000.00 10000.00 --- --- 10490.00 --- --- ---

4 Casing 4973.00 Cum. 1000.00 1000.00 -- - 2973.00 --- --- ---

5 Pitching --- --- -- -- -- -- --- ---

A) Available 630.00 Sqm. Nil 430.00 - - 230.00 - --- ---

B) Borrow 21721.00 Sqm. Nil 5000.00 6000.00 5721.00 5000.00

6 Rock Toe 9.00 Cum. - 9.00 -- -- --- --- --- ---

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Contractor No. of corrections Executive Engineer

FORM B – 1

ITEM RATE TENDER AND CONTRACT FOR WORKS

DEPARTMENT : WATER RESOURCES DEPARTMENT

REGION : KONKAN REGION, MUMBAI

CIRCLE : KHARLAND DEVELOPMENTCIRCLE, THANE

DIVISION : KHARLAND DEVELOPMENT DIVISION,

THANE

NAME OF WORK : Renovation to Bund Bet. Ch. 0 to 3180 of

Phanaspada Khardi Koshimbe Kharland scheme,

Tal: Vasai Dist: Thane

General Rules and Directions for the Guidance of Contractors

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

form of invitation to tender pasted on a board displayed 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 earnest money to be deposited with the

tender and the amount of security deposit to be deposited by the

successful tenderer and the percentage, if any, to be deducted from bills.

It will also state whether a refund of a quarry fees, royalties, dues and

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

drawings and any other documents required in connection with the work

shall be signed by the Executive Engineer for the purpose of

identification and shall also be open for inspection by contractors at the

office of the Executive Engineer during office hours.

Where the works are proposed to be executed according to the

specifications recommended by a contractor and approved by a

competent authority on behalf of the Government of Maharashtra such

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 absence of any partner, it

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

authorizing him to do so.

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Contractor No. of corrections Executive Engineer

2 (A)

(i) The contractor shall pay the sum of Rs. 90,500/- (Rupees Ninety

thousand five hundred only) as and by wa y of earnest money.

The contractor may pay the said amount by forwarding “Treasury

challan / Call deposit receipt or short term deposit receipt for a period

of one year of any nationalized bank for the like amount in favour of

the Executive Engineer and to be submitted in the office of on or

before 30-03-2011 16:00 Hrs on working days. The said amount of

earnest money shall not carry any interest whatsoever.

(ii) In the event of this tender being accepted, subject to the provision of sub

clause (iii) below, the said amount or earnest money shall be

appropriated towards the amount of security deposit payable by him

under conditions of General conditions of contract.

(iii) If, after submitting the tender, the contractor withdraw his offer, or

modifies the same or if after the acceptance of his tender the contractor

fails or neglects to furnish the balance of security deposit without

prejudice to any other rights and powers of the Government hereunder

or in law, Government shall forfeit the full amount of the earnest money

deposited by him.

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

money deposited by the contractor shall, unless it is prior thereto

forfeited under the provisions of sub-clause (iii) above, be refunded to

him on his passing receipt thereof.

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 are described in their tender as a 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 receipt for the

firm.

4. Any person who submits a tender shall fill up the printed schedule „B‟

form stating at what rate (memorandum showing items of work to be

carried out) he is willing to undertake the item of works. Tenders which

propose any alteration in the works specified in the said form of

invitation to tender, or in the time of 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 works but if contractor who wish to tender two or more works, they

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

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Contractor No. of corrections Executive Engineer

number of the work to which they refer written out side the envelope.

5. Superintending Engineer, Kharland Development Circle, Thane or his

duly authorized Assistant shall open the tenders online as per e –

Tendering procedure in the presence of contractors who have submitted

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

will enter the amounts of the several tenders in a comparative statement

in a suitable form. In the event of a tender being accepted, the contractor

shall for the purpose of identification, sign copies of the specifications

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

rejected, the Divisional officer shall refund the amount of earnest money

deposited by the contractor on his giving a receipt for the return of the

money.

6. The officer competent to dispose off the tenders shall have the right of

rejecting all or any of the tenders.

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

in regard to any matter relating to this tender or the contract shall be

valid and binding on Government, unless it is signed by the Executive

Engineer.

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

materials to be supplied by the department and their rates be filled in

and completed by the office of the Executive Engineer before the tender

form is issued. If a form issued to an intending tenderer has not been so

filled in and completed he shall request the said office to have this done

before he completes and delivers his tender.

9. All works shall be measured net by standard measure and according to

the rules and customs of the Department and their rates shall be without

reference to any local custom.

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

enhanced rates for items in this contract.

11. Every registered contractor should produce along with his tender

certificate of registration as approved contractor in the appropriate class

and renewal of such registration with date of expiry.

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

13. The measurements of work will be taken according to the usual method

in use in the department and no proposals to adopt alternative methods

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Contractor No. of corrections Executive Engineer

will be accepted. The Executive Engineers decision as to what is the

usual method in use in the Department will be final.

14. The tendering contractor shall furnish a declaration along with the

tender showing all works for which he has already entered into contract,

and the value of work that remains to be executed in each case on the

date of submitting tender.

15. Deleted.

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

exchange no foreign exchange would be released by the Department for

the purchase of plant and machinery required for the execution of the

work contracted for. (GCB/PWD/CFM/1058-62517 dated 26.09.59)

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

valuable materials issued to him under schedule „A‟ of the agreement, at

the work site, having double locking arrangement. The materials will be

taken for use in the presence of the Departmental person. No materials

will be allowed to be removed from the site of works.

18. The contractor shall also give a list of machinery in their possession and

which they propose to use on the work.

19. Every registered contractor should furnish along with the tender a

statement showing previous experience and technical staff employed by

him.

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

accepting authority a valid and current license issued in his favour under

the provision of contract Labour (Regulation and Abolition Act, 1970)

before starting work, failing which acceptance of the tender will be

liable for withdrawal and earnest money will be forfeited to

Government.

21. The contractor shall comply with the provision of the apprentices Act

1961 and the rules and orders issued there under from time to time. If he

fails to do so, his failure will be a breach of the contract and The

Superintending Engineer, may in his discretion cancel the contract. The

contractor shall also be liable, for any pecuniary liability arising on

account of any violation by him of the provision of the act.

22. Where the words Irrigation Department appear in this contract the Water

Resources Department of the Government of Maharashtra shall be

implied.

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Contractor No. of corrections Executive Engineer

TENDER FOR THE WORKS

Note: The Commercial Offer must be filled online using individual‟s

digital certificate. (An online form will be provided for this during

online bid preparation stage).

I/We hereby tender for the execution for the Government of

Maharashtra (hereinbefore and hereinafter referred to as “Government”

of the work specified in the under written memorandum within the time

specified in such memorandum at * ------------% (in figures)-------------

------------------------------------per cent (in words) percent below / above

the estimated rates entered in schedule - B (memorandum showing items

of the 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 and in clause -13 of the annexed conditions of contract

and agree that when materials for the wo rk are provided by the

Government such materials and the rates to be paid for them shall be as

provided in schedule „A‟ hereto.

Memorandum

a) General Description Renovation to Bund Bet. Ch. 0 to

3180 of Phanaspada Khardi

Koshimbe Kharland scheme,

Tal: Vasai Dist: Thane

b) Estimated Cost Rs. 90,49,321.00

c) Earnest Money Rs. 90,500.00

d) Security Deposit

Rs. 3,62,000.00

i) Cash (Not less than the amount

of E.M.D

ii) To be deducted from the

current bills

iii) Additional Security Deposit (if

required)

Rs. 1,81,000.00

Rs. 1,81,000.00

e) 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 of work

done.

(4) percent

f) Time allowed for the work from

date of order to commence

24 calendar months including

monsoon.

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Contractor No. of corrections Executive Engineer

I/We agree that the offer shall remain open for a minimum period of 120

days from 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 Acknowledgement Due

or otherwise delivered at the office of such authority. Treasury/Bank

challan No. and date in respect of the sum Rs. 90,500/- (Rupees Ninety

thousand five Hundred only) representing the earnest money is herewith

forwarded. The amount of earnest money shall not bear interest and

shall be liable to be forfeited to the Government should I/We fail to (1)

abide by the stipulations to keep the offer open for the period mentioned

above or (2) sign and complete the contract documents as required by

the Engineer and furnish the security deposit as specified in item (d) of

the memorandum contained in paragraph (i) above within the time limit

laid down in clause (1) of the annexed General Condition of Contract.

The amount of earnest money may be adjusted towards the security

deposit or refunded to me/us if so desired by me/us in writing, unless the

same or any part thereof has been forfeited as aforesaid.

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

executing the necessary bond in favour of the Government, a true copy

of which is enclosed herewith. Should any occasion for forfeiture of

earnest money for this work arise due to failure on my/our part to (1)

abide by the stipulations to keep the offer open for the period mentioned

above or (2) sign and complete the contract documents and furnish the

security deposit as specified in item (d) of the memorandum contained

in paragraph - I above within the time limit laid down in clause (1) of

the annexed conditions of contract, the amount payable by me/us may,

at the option of the Engineer be recovered out of the amount deposited

in lump sum for securing exemption in so far as the same may extend in

terms of the said bond and in the event of the deficiency out of any other

moneys which are due or payable to me/us by the Government under

any other contract or for transaction of any nature whatsoever or

otherwise.

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

all the terms and provision of the conditions annexed hereto so far as

applicable and in default thereof to forfeit and pay to Government the

sum of money mentioned in the said conditions.

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Contractor No. of corrections Executive Engineer

Contractor

Address

Dated

Witness

Address

(Occupation)

Signature of contractor

Before submission of

tender

Signature of Witness

to contractor‟s signature

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

Government of Maharashtra Dated

Executive Engineer,

Kharland Development Division,

Thane

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Contractor No. of corrections Executive Engineer

CONDITIONS OF CONTRACT

Clause 1

The person/persons whose tender may be accepted

(hereinafter called “The Contractor “which

expression unless excluded by or repugnant to the

context include his heirs, executor, 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) on the receipt by him of the notification

of the acceptance of his Tender deposit with the

Executive Engineer in cash or Govt. securities

endorse to the Executive Engineer (if deposited for

more than 12 months) of sum sufficient which will

make up the full security deposit specified in the

tender of (B) (Permit Government at the time of

making any payment to him for work done under

the contact to deduct such sum as will amount to

4% (Four percent)* of all moneys so payable such

deductions to be held by Government by way of

security deposit) Provided always that in the event

of the contractor depositing a lump sum by way of

security deposits as contemplated as (A) above then

and in such case, if the sum so deposited shall not

amount to 4% (Four percent)* of the total estimated

cost of the work, it shall be lawful for Government

at the time of making any payment to the

contractor for work done under the contract to make

up the full amount of 4% (Four percent) by

deducting a sufficient sum from every sums as last

aforesaid until the full amount of the security

deposit is made up. All compensation or other sums

of money payable by the contractor to Government

under the terms of his contract may be deducted

from, or paid by the sale of a sufficient part of his

security deposit or from the interest arising there

from or from any sums which may be due or may

become due by Government to the contractor 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

Security deposit

PWD, Resolution No. CAT

1087/CR-94/Bldg.2 dt.

14.06.89.E/C.manual

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Contractor No. of corrections Executive Engineer

such deduction or sale as aforesaid the contractor

shall within 10 (Ten) days thereafter make good in

cash or Government 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 securities provided

that the depositor has expressly desired this in

writing.

If the amount of the security deposit to be paid in

lump sum within the period specified at (A) above is

not paid the tender/contract–already accepted shall

be considered as cancelled and legal steps shall be

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 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, only 50 %

amount of the Security Deposit shall be refunded

along with the payment of final bill. The amount of

security deposit retained by the Government shall be

released after expiry of the period up to which the

contractor has agreed to maintain the working in

good order is over. In the event of the contractor

failing or neglecting to complete rectification work

within the period up to which the contractor has

agreed to maintain the work in good order then,

subject to provisions of clauses 17 and 20 hereof the

amount of security deposit retained by the

Government shall be adjusted towards the excess

cost incurred by the department on rectification

work.

Note * This will be the same percentage as that in

the tender at (e).

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Contractor No. of corrections Executive Engineer

Clause 2 :-

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 throughout the

stipulated period of the contract be proceeded with,

all due diligence (Time being deemed to be the

essence of the contract on the part of the contractor)

and the contractor shall pay as compensation an

amount equal to one percent or such smaller amount

as the Superintending Engineer (whose decision in

writing shall be final) may decide, of the estimated

cost of the whole work as shown by the tenderer for

every day that the work remains uncommenced, or

unfinished after the proper dates. And further to

ensure good progress during the execution of the

work, the contractor shall be bound, in all cases in

which the time allowed for any work exceeds one

month to complete.

1/6 of the work in ¼ of the time.

½ of the work in ½ of the time.

¾ of the work in ¾ of the time.

Note: -The quantity of the work to be done within a

particular time to be specified above shall be fixed

and inserted in the blank space kept for the purpose

by the officer competent to accept the contract after

taking into consideration the circumstances of each

case and the contractor shall abide by the program

of detailed progress laid down by the Executive

Engineer.

The following proportion will usually be found

suitable: In ¼, ½, and ¾ of the time.

Reasonable progress of earthwork: 1/6, 1/2, and 3/4

of the total value of the work to be done.

Reasonable progress of masonry work: 1/10, 4/10,

and 8/10 of the total value of the work to be done.

Compensation for delay

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Contractor No. of corrections Executive Engineer

In the event of the contractor failing to comply with

these conditions he shall be liable to pay as

compensation an amount equal to one percent, or

such smaller amount as the Superintending Engineer

(whose decision in writing shall be final) may

decide of the said estimated cost of the whole work

for every day that the due quantity of work remains

incomplete, provided always that the total amount

of compensation to be paid under the provision of

this clause shall not exceed 10 percent of the

estimated cost of the work as shown in the tender.

The Superintending Engineer should be the final

authority in this respect.

Clause 3: -

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 (whether paid in one

sum or deducted by installment) or in the 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 Government of

Maharashtra, shall have power to adopt any of the

following courses, as he may deem best suited to the

interest of the Government.

(a) To rescind the contract (of which rescission

notice in writing to the contractor under the hand of

Executive Engineer) shall be conclusive evidence

and in that case the security deposit of the

contractor shall stand forfeited and be absolutely at

the disposal of the Government.

(b) To carry out the work or any part of the work

departmentally debiting the contractor with the cost

of the work expenditure incurred on tools and plant

and charges on additional supervisory staff

including the cost of work-charged establishment

employed for getting the unexecuted part of the

work completed and crediting him with the value of

the work done departmentally in all respects in the

Action when whole of

security deposited is

forfeited.

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Contractor No. of corrections Executive Engineer

same manner and at the same rates as if it had been

carried out by the contractor under the term of his

contract. The certificate of the Executive Engineer

as to the costs and other allied expenses so incurred

and as to the value of the work so done

departmentally shall be final and conclusive against

the contractor.

(c) To order that 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 advertisement for fixing new

contracting agency, additional supervisory staff

including the cost of the work-charged

establishment and the cost of the work executed by

the new contract agency will be debited to the

contractor and at the value of the work done or

executed through the new contractor shall be

credited to the contractor in all respects and in the

same manner and at the same rates as if it had been

carried out by the contractor under the terms of his

contract. The certificate of the Executive Engineer

as to all the cost of the work and other expenses

incurred as aforesaid for or in getting the

unexecuted work so done shall be final and

conclusive against the contractor.

In case the contract shall be rescinded under the

clause (a) above the contractor shall not be entitled

to recover or be paid, any sum for any work thereof

actually performed by him under this contract unless

and until the Executive Engineer shall have certified

in writing the performance of such work and the

amount payable to him in respect thereof and he

shall only be entitled to be paid the amount so

certified. In the event of either of the course referred

to in clause (b) or (c) being adopted and the cost of

the work executed departmentally or through a new

contractor and other allied expenses exceeding the

value of such work credited to the contractors the

amount of excess value shall be deducted from any

money due to the contractor, by the Government

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Contractor No. of corrections Executive Engineer

under the contract or otherwise howsoever or from

his security deposits or the sale proceeds thereof

provided, however, that contractor shall have no

claim against Government even if the certified value

of the work done departmentally or through a new

contractor exceeds the certified cost of such work

and allied expenses, provided always that whichever

of the three courses mentioned in clause(a) (b) or (c)

is adopted by the Executive Engineer, the contractor

by reason of his having purchased or procured any

material 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.

Clause 4: -

If the progress of any particular portion of the work

is unsatisfactory the Executive Engineer shall not

withstanding that the general progress of the work is

in accordance with the conditions mentioned in

clause 2 be entitled to take action under clause 3 (b)

after giving the contractor 10 days notice in writing.

The contractor will have no claim for compensation

for any loss sustained by him owing to such action.

Action when the progress

of any particular portion

of the work is

unsatisfactory.

Clause 5: -

In any case in which any of the powers conferred

upon the Executive Engineer by clauses 3 and 4

hereof shall have become exercisable and the same

shall not have exercised, the non-exercised thereof

shall not constitute a waiving of any of the

conditions hereof and such powers shall

notwithstanding be exercisable in the event of any

future case of default by the contractor for which

under any clause hereof he is declared liable to pay

compensation amounting to the whole of his

security deposit and the liability of the contractor

for past and future compensation shall remain

unaffected.

In the event of the Executive Engineer taking action

under sub-clause (a) or (c) of clause 3, he may, if he

so desires, take possession of all or any tools, plant,

Contractor remains liable

to pay compensation if

action not taken under

clause 3 and 4.

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Contractor No. of corrections Executive Engineer

material and stores in or upon the works of the site

thereof or belonging to the contractor, or procured

by him and intended to be used for the execution of

the work or any part thereof paying or allowing for

the same in account at the contract rates or in the

case of contract rates not being applicable at current

market rates, to be certified by the by the Executive

Engineer whose certificate thereof shall be final. In

the alternative the Executive Engineer may, after

giving notice in writing to the contractor or his clerk

of the work, foreman or other authorized agent

require 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 expenses or sale them by

auction or private sale at risk on account of the

contractor and at his risk in all respects and the

certificate of the Executive Engineer as to the

expenses of any such removal and the amount of

proceeds and expenses of any such sale shall be

final and conclusive against the contractor.

Power to take possession

of or require removal of or

sell contractor’s plant.

Clause 6: -

If the contractor shall desire an extension of the time

for completion of work on the ground of his having

been unavoidably hindered in its execution or on

any other ground shall apply in writing to the

Executive engineer before the expiry of the period,

stipulated in the tender or before the expiration of

30 days from the date on which he was hindered as

aforesaid or on which the cause for asking for

extension occurred, whichever is earlier and the

Executive Engineer, or in the opinion of the

Superintending engineer, or Chief Engineer as the

case may be if in his opinion, there were reasonable

grounds for granting an extension, grant such

extension as he thinks necessary or proper. The

decision of the Executive Engineer/ Superintending

Engineer or Chief Engineer in this matter shall be

Extension of time.

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Contractor No. of corrections Executive Engineer

final.

Clause 7: -

On the completion of the work the contractor shall

be furnished with a certificate by the Executive

Engineer (hereinafter called the Engineer- in-

charge) of such completion, but no such certificate

shall be given nor the work be considered to be

complete until the contractor shall have removed

from the premises on which the work shall have

been executed, all scaffolding, surplus materials and

rubbish, and shall have cleaned off the dirt from all

wood work, doors, windows, walls, floor or other

parts of any building in or upon which the work has

been executed or of which he may have had

possession for the purpose of executing the work,

nor until the work shall have been measured by the

Engineer-in-charge or where the measurement have

been taken by his subordinates until they have

received approval of the Engineer-in-charge, the

said measurements being binding and conclusive

against the contractor. If the contractor fails 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 expense of the contractor,

remove such scaffolding, surplus materials and

rubbish and dispose off the same as he thinks fit and

clean off such dirt as aforesaid and the contractor

shall forthwith pay the amount of all expense so

incurred, but shall have no claim in respect of any

such scaffolding or surplus materials as aforesaid

except for any sum actually recalls by the sale

thereof.

Final certificate.

Clause 8: -

No payment shall be made for any work estimated

to cost less than rupees one thousand till after the

whole of work shall have been completed and a

certificate of completion given. But in the case of

works estimated to cost more than rupees one

Payment on intermediate

certificate to be regarded

as advances.

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Contractor No. of corrections Executive Engineer

thousand, the contractor shall, on submitting a

monthly bill therefor 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 payments 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

and taken away and reconstructed or recreated 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 include, determine or affect in

any other way the powers of the Engineer-in-charge

to the final settlement and adjustment of the

accounts or otherwise, or in any other way 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: -

The rates for several items of work estimated to cost

more than Rs. 1000 agreed to with in, shall be, valid

only when the item concerned is accepted as having

been completed fully in accordance with the

sanctioned specifications. In Cases where the items

of work are not accepted as so completed by the

Engineer-in-charge may make payment on account

of such items at such reduced rates as he may

consider reasonable in the preparation of final or on

account bills.

Payment or reduced rates

on account of items of

work not accepted as

complete, to be at the

discretion of the Engineer-

in –charge.

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Contractor No. of corrections Executive Engineer

Clause 10: -

A bill shall be submitted by the contractor in each

month or before the date Fixed by the Engineer-in-

charge for all work executed in the previous month,

and the Engineer-in-charge shall take or cause to be

taken the requisite measurement for the purpose of

having the same verified, and the claim, so far as it

is admissible, shall be adjusted, if possible, within

ten days from the presentation of the bill. If the

contractor does not submit the bill within the time

fixed as aforesaid the Engineer-in-charge may

depute subordinate to measure up the said work in

the presence of the contractor or his duly authorized

agent whose countersignature to the measurement

list shall be sufficient warrant, and Engineer-in-

charge may prepare a bill from such list which shall

be binding on the contractor in all respects.

Bill to be submitted

monthly.

Clause 11: -

The contractor shall submit all bills on the printed

forms to be had on application at the office of the

Engineer-in-charge. The charges to be made in the

bills shall always be entered at the rates specified in

the tender or in the case of any extra work ordered

to pursuance of these conditions, and not mentioned

or provided for in the tender at the rates hereinafter

provided for such work.

Bills to be on printed

forms.

Clause12: -

If the specification or estimate of the work supplied

provides for the use of any special description of

materials to be supplied from the stores of the Dept

store or if it is required that the contractor shall use

certain stores to be provided by the Engineer-in-

charge. (Such material and stores and the prices to

be charged therefor as hereinafter mentioned being

so far as practicable for the convenience of the

contractor but not so as in any way to control the

meaning or effect of this contract specified in the

schedule of memorandum hereto annexed) the

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Contractor No. of corrections Executive Engineer

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 value of the full quantity of the materials and

stores 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 is held in Government

securities, the same or a sufficient portion thereof

shall, in that case, be sold for the purpose. All

materials supplied to the contractor shall on no

account be removed from the site of the work, and

shall at all times be open for inspection by the

Engineer-in-charge. Any such materials unused and

in perfectly good condition at the time of

completion or determination of the contractor shall

be returned to the Department store if the Engineer-

in-charge so requires by a notice in writing given

under his hand but the contractor shall not be

entitled to return any such materials except with the

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.

Clause12 (A): -

All stores such as cement, steel etc. supplied to the

contractor by Government should be kept by the

contractor under lock and key and will be accessible

for inspection by the Executive Engineer or his

authorized agent at all the times.

Clause13: -

The contractor shall execute the whole and every

part of the work in the most substantial and work

man like manner and both as regards materials and

every other respect in strict accordance with

specifications. The contractor shall also conform

exactly, fully and faithfully to the designs, drawings

and instruction in writing relating to the work

Works to be executed in

accordance with

specifications, drawing,

orders etc.

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Contractor No. of corrections Executive Engineer

Signed by the Engineer-in-charge and lodged in his

office and to which the contractor shall be entitled

to have access for the work during office hour. 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 along with

the work order free of cost. Further copies of the

contract drawings and working drawings if required

by him, shall be supplied at the rate specified in the

Special Conditions of Contract except where

otherwise specified.

Clause14: -

The Engineer-in-charge shall have power to make

any alteration in or additions to the original

specifications, drawings, designs and

instrumentations that may appear to him to be

necessary or advisable during the progress of the

work and the contractor shall be bound to carry out

the work in accordance with any instruction in this

connection which may be given to him in writing

signed by the Engineer-in-charge and such

alteration shall not invalidate the contract and any

additional work which the contractor may be

directed to do in the manner above specified as part

of the work shall be carried out by the contractor on

the same conditions in all respects on which he

agreed to do the main work, and at the same rates

as are specified the tender for the main work. And if

the additional and altered work includes any class of

work for which no rate is specified in this contract,

then such class of work shall be carried out at the

rates entered in the Schedule of Rates of the

Division 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 of the order

carry out the work, inform the Engineer-in-charge

Alteration in specifications

and designs not to

invalidate contract.

Rates for works not

entered in estimate or

schedule of rate of the

district.

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Contractor No. of corrections Executive Engineer

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 out

such class of work and arrange to carry it out in

such manner as he may consider advisable provided

always that the contractor shall commence work or

incur any expenditure in regard thereto before the

rates shall have been determined as lastly

hereinbefore mentioned, then in such case he shall

only be entitled to be paid in respect of the work

carried out or expenditure incurred by him prior to

the date of the determination of the rate as aforesaid

according to such rate or rates as shall be fixed by

the Engineer-in-charge. In the event of a dispute the

decision of Superintending Engineer of the Circle

will be final.

Where, however, the work is to be executed

according to the designs, drawings and

specifications recommended by the contractor and

accepted by the competent authority the alteration

above referred to shall be within the scope of such

designs, drawings, and specifications appended to

the tender.

The time limit for the completion of the work shall

be extended in the proportion that increase in its

cost occasioned by, alterations or additions bears to

the cost of the original contract work, and the

certificate of the Engineer-in-charge as to such

proportion shall be conclusive. (B&C depts. No.

C/R- Memo-No. CAT-1268/59382-Q Dt.14.3.1974.

Extension of time in

consequence of additions

or alterations.

Clause 15: -

1. If at any time after the execution of the contract

documents the Engineer-in-charge shall, for any

reason whatsoever (other than default on the

part of the contractor for which the Government

is entitled to rescind the contract), desire that the

whole or any part of the work specified in the

tender should be suspended for any period or

No claim to any payment or

No claim to any payment

or compensation for

alteration in or restriction

of work.

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Contractor No. of corrections Executive Engineer

that the whole or part of the work should not be

carried out at all, he shall give to the contractor

a notice in writing of such desire and upon the

receipt of such notice the contractor shall

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 as 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

measurement of the work already done and to

pay final bill. Upon giving such notice the

contractor shall be deemed to have been

discharged from his obligations to complete the

remaining unexecuted work under his 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 provisions of this clause.

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Contractor No. of corrections Executive Engineer

3. Where the Engineer-in-charge requires the

contractor to suspend the work for period in

excess of 30 days at any time or 60 days in the

aggregate, the contractor shall be entitled to

apply to the Engineer within 30 days of the

resumption of work after such suspension of

payment of compensation to the extent of

pecuniary loss suffered by him in respect of

working machinery remained idle on the site or

on the account of his having had 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-charge 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

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

ii) Curtailment in the quantity of item

or items originally tendered on

account of any alteration, omission

or substitution in the specifications,

drawings, designs or instructions

under clause (14) (I) where such

curtailment exceeds 25% in quantity

and the value of the quantity

curtailed beyond 25 percent at the

rates for the item specified in the

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Contractor No. of corrections Executive Engineer

tender is more than Rs.5000/-

It shall be open to the contractor, within 90 days

from the service of (i) the notice of stoppage of

work or (ii) the notice of withdrawal from the

contractual obligations under the contract on

account of the continued suspension of work or

(iii) notice under clause 14(1) resulting in such

curtailment to produce to the Engineer satisfactory

documentary evidence that he had purchase

material for use in the contracted work, before

receipt by him of the notice of stoppage,

suspension or curtailment and require the

Government 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

contractor. (Amended vide govt. in P.W.&H.

Dept‟s. circular memorandum No. CAT1268 /

59382-96 K-II dt. 22.02.1978). The Government

shall thereafter take ever the material so offered,

provided the quantities, offered, are not in excess

of the requirement of the unexecuted work as

specified in the accepted tender and are of quality

and specifications approved by the Engineer.

Clause15 A: -

The contractor shall not be entitled to claim any

compensation from Government for the loss

suffered by him on account of delay by Government

in supply of materials entered in schedule A where

such delay is caused by.

i) Difficulties relating to the supply of railway

wagons.

ii) Force majeure.

iii) Act of God

iv) Act of enemies of the State or any other

reasonable cause beyond the control of

Government.

No claim to compensation

on account of loss due to

delay in supply of material

by Government.

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Contractor No. of corrections Executive Engineer

v) In the case of such delay in the supply of materials,

Government shall grant the contractor as shall

appear to the Executive Engineer as to the extension

of time shall accept such extension of time for the

completion of the work as final.

vi)

Clause16: -

Under no circumstance, whatever may be, the

contractor shall be entitled to any compensation

from Government on any account unless the

contractor shall have submitted a claim in writing to

the Engineer-in-charge within one month of the case

of such claim occurring.

Time limit for unforeseen

claims.

Clause17: -

If any time before the security deposit or any part

thereof is refunded to the contractor it shall appear

to the Engineer-in-charge or his subordinate in

charge of the work, that any work has been executed

with unsound, imperfect or unskillful workmanship

or with materials of inferior quality, or that any

materials or articles provided by him for the

execution of the work are unsound, or of a quality

inferior to that contracted for or are otherwise not in

accordance with the contract, it shall be lawful for

the Engineer-in-charge to intimate this fact in

writing to the contractor and then notwithstanding

the fact that the work, materials or articles

complained of may have been inadvertently passed,

certified and paid for, the contractor shall be bound

forthwith to rectify, or remove and reconstruct the

work so specified in whole or in part, as the case

may require or if so required, shall remove the

materials or articles so specified and provided other

proper and replace them with 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 per cent on the

amount of the estimate for every day not exceeding

Action and compensation

payable in case of bad

work P.W.D. Resolution

No. CAT/1087/CR-

94/Bldg-2 dt.14.06.1989.

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Contractor No. of corrections Executive Engineer

10 days, during which, if the failure so continues

and in the case of any such failure the Engineer-in-

charge may rectify or remove and re-execute the

work or remove, and replace the materials or articles

complained of as the case may be at the risk and

expense in all 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.

Clause18: -

A work 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 and his subordinate to visit the work shall

have been given to the contractor, either himself be

present to receive order and instructions or have

responsible agent duly accredited in writing present

for that purpose. Orders given to the contractor‟s

duly authorized agent shall be considered to have

the same force and as if they had been given to the

contractor himself.

Work to be open to

inspection.

Contractor or responsible

agent to be present.

Clause19: -

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 dimension thereof taken

before the same is covered up to place beyond the

reach of measurements any work without the

consent in writing of the Engineer-in-charge or his

subordinate in charge of the work, and if any work

shall be covered up or placed beyond the reach of

measurement, without such notice having been

given or consent obtained the same shall be

Notice to be given before

work is covered up.

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Contractor No. of corrections Executive Engineer

uncovered at the contractor‟s expenses and in

default thereof no payment or allowance shall be

made for such work or for the materials with which

the same was executed.

Clause20: -

If during the period of 24 calendar Months from the

date of completion as certified by the Engineer-in-

charge pursuant to Clause-7 of the contract or 6

Months after commissioning the work, whichever is

earlier, in the opinion of the Executive Engineer, the

said work is found 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 rectifying & setting right

the defects specified therein including dismantling

and reconstruction of unsafe portions strictly in

accordance with and in the manner prescribed and

under the supervision of the Executive Engineer. In

the event of the contractor failing or neglecting to

commence execution of the said rectification work

within the period prescribed therefore in the said

notice and /or to complete the same as aforesaid as

required by the said notice, the Executive Engineer

get the same executed and carried out

departmentally or by any other agency at the risk on

account and at the cost of the Contractor. The

contractor shall forthwith, on demand, pay to the

Government the amount of such costs, charges and

expenses sustained or incurred by the Government

of which the certificate of Executive Engineer shall

be final and binding on the contractor. Such cost,

charges and expenses shall be deemed to be arrears

of land revenue and on the event of the contractor

failing or neglecting to pay the same on demand as

aforesaid without prejudice to any other rights and

remedies of the Government; the same may be

recovered from the contractor as arrears of land

revenue. The Government shall also be entitled to

deduct the same from any amount which may then

Contractor liable for

damage done and for

imperfections.

P.W.D Resolution

No.CAT/1087/CR-

94/Bldg.2

Dt.14.06.1989.

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Contractor No. of corrections Executive Engineer

be payable or which may thereafter become payable

by the Government to the contractor either in

respect of the said work or any other work

whatsoever or from the amount of security deposit

retained by the Government.

Clause 21: -

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 Department 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 specification 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 the

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

require together with the carriage therefor to and

from the work. The contractor shall also supply

without charge the requisite number of person with

the means and materials necessary for the purpose

of setting out works and counting, weighting and

assisting in the measurement or examination at any

time and from time to time of the work or the

materials, failing this the same may be provided by

the Engineer-in-charge at the expense of the

contractor and the expense 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 from accident

and shall also be bound to, bear the expense of

defense of every suit, action or other legal

proceeding, that may be brought by any person for

injury sustained owing to neglect of the above

precautions, and to pay any damages and cost which

Contractor to supply plant,

ladder, scaffolding etc.

and is liable for damages

arising from non provision

of lights fencing etc.

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Contractor No. of corrections Executive Engineer

to any such person or which may with consent of

the contractor be paid to compromising any claim

by any such person.

List of machinery in contractor‟s possession, to

which they propose to use on the work, should be

submitted along with the tender.

Clause 21 A: -

The contractor shall provide suitable scaffolds and

working platforms, gangways and stairways and

shall comply with the following regulations in

connections herewith –

(a) Suitable scaffoldings shall be provided for

Workmen for all works that cannot be safely

done from a ladder or by other means.

(b) A scaffold shall not be constructed, taken

down or substantially altered except.

(i) Under the supervision of a competent and

responsible person and

(ii) As far as possible by competent workers

possessing adequate experience in this kind

of work.

(c) All scaffolds and appliances connected

therewith and ladders shall –

(i) Be of sound material.

(ii) Be of adequate strength having regard

to the loads and strains to which they

will be subjected, and

(iii) Be maintained in proper condition.

(d) Scaffolds shall be so constructed that no part

thereof can be displaced in consequence of

normal use.

(e) Scaffolds shall not be over-loaded and so far

as practicable the load shall be evenly

distributed.

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Contractor No. of corrections Executive Engineer

(f) Before installing lifting gear on scaffolds

special precautions shall be taken to ensure

the strength and stability of the scaffold.

(g) Competent person shall periodically inspect

scaffold.

(h) Before allowing a scaffold to be used by his

workmen the contractor shall, whether the

scaffold has been erected, by his workmen or

not, take steps to ensure that it complies fully

with the regulations herein specified.

(i) Working platform, gangways stairways shall

(i) Be so constructed that no part thereof can

sag unduly or unequally.

(ii) To be constructed and maintained having

regard to the prevailing conditions as to

reduce as far as practicable risks of

persons tripping or slipping and

(iii) Be kept free from any unnecessary

obstruction.

(j) In the case of working platform, gangways,

working places and stairways at the height

exceeding 3 meters(to be specified)

(i) Every working platform and every

gangways shall be closely boarded

unless other adequate measures are

taken to ensure safety.

(ii) Every working platform and gangway

shall have adequate width and

(iii) Every working platform, gangway,

working place and stairway shall be

suitably fenced.

(k) Every opening in the floor of a building or in a

working platform shall except for the time and

to the extent required to allow the excess of

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Contractor No. of corrections Executive Engineer

persons or the transport or shifting of materials

be provided with suitable means to prevent the

fall of persons or materials.

(l) When persons are employed on roof where

there is a danger of facing from a height

exceeding 3 meters (To be prescribed) suitable

precautions shall be taken to prevent the fall of

persons or materials.

(m) Suitable precautions shall be taken to prevent

persons being struck by articles, which might

fall from scaffold or 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 laborers as per minimum Wages Act.

Clause 21 B: -

The contractor shall comply with the following

regulations as regards the Hoisting Appliances to be

used by him: -

(a) Hoisting machine and tackle, including their

attachments, anchorages and support shall-

(i) be of good mechanical construction,

sound material and adequate strength

and free from patent defect, and

(ii) be kept in good repair and in good

working order.

(b) Every rope used in hoisting or lowering

materials or as a means of suspension shall be

of suitable quality and adequate strength and

free from patent defect.

(c) Hoisting machine and tackle shall be examined

and adequately tested after erection on the site

and before re-examined in position at intervals

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Contractor No. of corrections Executive Engineer

to be prescribed by the Government.

(d) Every chain, ring, hook, shackle, swivel and

pulley block used in hoisting or lowering

materials or as means of suspension shall be

periodically examined.

(e) Every crane driver or hoisting appliance

operator shall be properly qualified.

(f) No person who is below the age of 18 years

shall be in control of any hoisting machine,

including any scaffold which, or give signals

to the operator.

(g) In the case of every hoisting machine and of

every chain, ring, hook, shackle, swivel, pulley

block used in hoisting or lowering or as means

of suspension, the safe working load shall be

ascertained by adequate means.

(h) Every hoisting machine and all gear referred to

in preceding regulation shall be plainly marked

with the safe working load.

(i) In the case of hoisting machine having a

variable safe working load, each safe working

load and the conditions under which it is

applicable shall be clearly indicated.

(j) No part of any hoisting machine or of any gear

referred to in regulation (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 or hoisting

appliances shall be provided with efficient

safeguards.

(l) Hoisting appliances shall be provided with

such means as will reduce to minimum and the

risk or the accidental decent of the load.

(m) Adequate precaution shall be taken to reduce

to a minimum the risk of any part of a

suspended load becoming accidentally

displaced.

Clause 22: -

The contractor shall not set fire to any standing

jungle, trees, brushwood or grass without a written

Measure for prevention of

Fire.

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Contractor No. of corrections Executive Engineer

permit from the Executive Engineer. When such

permit is given, and also in all cases when

destroying cut or dug up trees, bush wood, grass etc.

by fire the contractor shall take the necessary

measure to prevent such fire spreading to or

otherwise damaging surrounding property. The

contractor shall make his own arrangement for

drinking water for the labor employed by him.

Clause 23: -

Compensation for all damages done intentionally or

unintentionally by contractor‟s labour whether in or

beyond the limits of Government property including

any damage caused by the spreading of fire

mentioned in clause 22 shall be estimated by the

Engineer-in-charge or such other officer as may be

appointed and the estimate of the engineer-in-charge

subject to the decision of the Superintending

Engineer on appeal shall be final and the contractor

shall be bound to pay the amount of the assessed

compensation on demand, failing which, the same

will be recovered from the contractor as damages in

the manner prescribed in clause 1 or deducted by the

Engineer-in-charge from any sums that may be due

or become due from the Government to the

contractor under this contract or otherwise.

The contractor shall bear the expenses of defending

any action or other legal proceeding that may be

brought by any persons for injury sustained by him

owing to neglect of precautions to prevent the

spread of fire and he shall pay any damages and cost

that may be awarded by the court in consequence.

Liability of contractor for

any damage done in or

outside work area.

Clause 24: -

The employment of female labours on works in

neighborhood of soldier‟s barracks should be

avoided as far as possible. The contractor shall

employ the labor with the nearest employment

exchange.

Employment of female

labour.

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Contractor No. of corrections Executive Engineer

Clause 25: -

No work shall be done on a Sunday without the

sanction in writing of the Engineer-in-charge.

Work on Sunday.

Clause 26: -

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 so to do, or become insolvent or

commence any proceeding to get himself

adjudicated and insolvent or make any composition

with his creditors, or attempt so to do or if bribing,

gratuity, gift, loan, perquisite, reward or advantage,

pecuniary or otherwise, shall either directly or

indirectly be given, promised or offered by the

contractor, or any of his servants or agents to any

public officer person in the employ of Government,

or if any such officer or person shall become in any

way directly or indirectly interested in the contract,

the Engineer-in-charge may thereupon by notice in

writing rescind the contract, in the event of contract

being rescinded, the security deposit of the

contractor shall thereupon stand forfeited and be

absolutely at the disposal of government, and the

same consequences shall ensure if the contract had

been rescinded under clause 3 hereof and in addition

the contractor shall not be entitled to recover or be

paid for any work therefore actually performed

under the contract.

Contract may be rescinded

and security deposit

forfeited for subletting it

without approval or for

bribing a public office or

if contractor becomes

insolvent.

Clause 27: -

All sums payable by a contractor by way of

compensation under any of these conditions shall be

considered as a reasonable compensation to be

applied to the use of government without reference

to the actual loss or damage sustained, and whether

any damage has or has not been sustained.

Sum payable by way of

compensation to be

considered as reasonable

compensation without

reference to actual loss.

Clause 28: -

In the case of tender by partners, any changes in the

constitution of a firm shall be forthwith notified by

the contractor to the Engineer-in-charge for his

information.

Changes in the

constitution of firm to be

notified.

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Contractor No. of corrections Executive Engineer

Clause 29: -

All works to be executed under the contract shall be

executed under the direction and subject to the

approval in all respect of the Superintending

Engineer of the Circle, for the time being, who shall

be entitled to direct at what point or points and in

what manner they are to be commenced, and from

time to time carried on.

Direction and control of

the Superintending

Engineer.

Clause 30: -

(1) Except where otherwise specified in the

contract and subject to the powers delegated to him

by Government under the Code, rules then in force,

the decision of the Superintending engineer of the

Circle for the time being shall be final conclusive,

and binding on all parties to the contract upon all

question relating to the meaning of the specification,

design, drawings, and instructions, hereinbefore

mentioned and as to the quality or 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 contract,

designs, drawings, specifications, estimates,

quantities, instructions, orders, or these condition, or

otherwise concerning the works, or the execution, or

failure to execute the same, whether arising, during

the progress of the work, or after the completion or

abandonment thereof.

(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 project, provided that-

(a) The accepted Value of the Contract

exceeds Rs.10 Lakhs (Rs. Ten

Lakhs).

(b) Amount of claim is not less than Rs.

1 Lakh (Rupees One Lakh).

(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

Direction and control of

the Superintending

Engineer.

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Contractor No. of corrections Executive Engineer

of any such order, appeal against it to the concerned

secretary, Water Resources Department 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 the contractor as would

merit a detailed examination and decision by the

Standing Committee, shall put up to the Standing

Committee at Government level for suitable

decision.

Clause 31: -

The contractor shall obtain from the Water

Resources Department stores, 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 there of or in

connection therewith unless he has obtained

permission in writing from the Engineer-in-charge

to obtain such stores and articles else where. The

Values of such stores and articles as may be

supplied to the contractor in his account at the rates

shown in the schedule in Form-A attached to the

contract and if they are not entered in the said

schedule, they shall be debited to him at cost of

carriage and other expenses whatsoever, which shall

have been incurred in obtaining delivery of the same

at the stores aforesaid.

Stores of European of

American manufacture to

be obtained from Govt.

Clause 32:-

When the estimate on which a tender is made

includes lump sum in respect of parts of the wok,

the contractor shall be entitled to payment in respect

of the items of wok involved or the part of the work

in question at the same rates as are payable under

this contract for each item, or of the part of work in

question is not in the opinion of the Engineer-in-

charge capable of measurement, the Engineer-in-

charge may at his discretion pay the lump sum

amount entered in the estimate and the certificate in

writing of Engineer-in-charge shall be final and

conclusive against the contractor with regards to any

Lump sums in estimates

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Contractor No. of corrections Executive Engineer

sum or sums payable to him under the provision of

this clause.

Clause 33:-

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 the

Divisional specifications, and in the event of there

being no Divisional specification, then in such case

the work shall be carried out in all respect in

accordance with all instructions and requirement of

the Engineer-in-charge.

Actions where no

specification.

Clause 34:-

The expression „work‟ or „works‟ where in these

conditions, shall unless there be something in the

subject or context repugnant to such construction,

be construct, 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 substitute or additional.

Definition of work.

Clause 35: -

The percentage referred to in the tender shall be

deducted from/added to the gross amount of the bill

before deducting value of any stock issued.

Contractor’s percentage

whether applied for net or

gross amount of bill.

Clause 36: -

All quarry fees, royalties, octroi dues and ground

rent for stacking materials, if any, should be paid by

the contractor.

Quarry fees and royalties.

Clause 37: -

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),

for injuries caused to the workmen. If such

compensation is payable / paid by Government as

per the principle under Sub-section (1) of section 12

of the said Act on behalf of the contractor, it shall

Compensation under

workmen’s Compensation

Act.

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Contractor No. of corrections Executive Engineer

be recoverable by Government from the contractor

under sub-section 2 of the said section. Such

Compensation shall be recovered in the manner laid

down in clause 1 above.

Clause 37 A: -

The contractor shall be responsible for and shall pay

the expenses of providing medical aid to any

workmen who may suffer a bodily injury as a result

of an accident. If such expenses are incurred by

Government, the same shall be recoverable from the

contractor other remedy of forthwith and be

deducted without prejudice to any other remedy of

Government from any amount due or that may

become due to the contractor.

Clause 37 B: -

The contractor shall provide all necessary personal

safety equipment and first aid apparatus available

for the use of the persons employed on the site, and

shall maintain the same in condition suitable for

immediate use at any time and shall comply with the

following regulations in connection therewith.

(a) The workers shall be required to use the

equipment so provided by the contractor and the

contractor shall take adequate steps to ensure

proper use of the equipment by those concerned.

(b) When work is carried on in proximity to any

place

Where there is a risk all necessary equipment

shall be provided and kept ready for use and

all necessary steps shall be taken for the

prompt rescue of any person in danger.

(c) Adequate provision shall be made for prompt

first-aid treatment of all injuries likely to be

sustained during the course of the work.

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Contractor No. of corrections Executive Engineer

Clause 37 C: -

The contractor shall duly comply with the provision

s 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 Act the said rules

and on his failure or neglect to do so, he shall all be

subject to all the liabilities and penalties provided

by the said Act and said Rules. (Govt. circular No.

PWD H.O. CAT-6076-3336/ (440) Bldg.-2

dated16/08/1985.)

Clause 38: -

(1) Quantities in respect of the several items shown

in the tender are approximate and no revision in

the tendered rate shall be permitted in respect

of any of the items so long as, subject to any

special provision contained in the specifications

prescribing a different percentage of

permissible variation, the quantity of the item

does not exceed the tender quantity by more

than 25% 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.5000.

(2) The contractor shall, if ordered in writing by

the Engineer to do so, also carry out any

quantities in excess of the limit mentioned in

sub-clause(1) hereof on the same conditions as

and in accordance with the specifications 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 rate, (ii) at the rate

prevailing in the market, the said rates being

increased or decreased, as the case may be, by

the percentage which of the work as put to

tender based upon the schedule of rates

applicable to the year in which the tenders were

invited for the purpose of operation of this

clause, this cost shall be worked out at current

Claim for quantities

entered in the tender on

estimates.

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Contractor No. of corrections Executive Engineer

schedule of rate for Rs.90,49,321/- (Rs. Ninety

Laks Fourty nine thousand & three hundred

twenty one only.)

(3) Claims arising out of reduction in the tendered

quantity of any item beyond 25% will be

governed by the provision of clause 15 only

when the amount of such reduction beyond 25

percent at the rate of the item specified in the

tender is more than Rs.5000/-.

(4) There shall be no change in the rate if the

excess in quantity is less than or equal to 25%

of the tender quantity. Also there should be no

change in the rate if the quantity of work done

is more than 125% of the tendered quantity, but

the value of the excess work at the tendered

rates does not exceeds Rs.5000/-.

(5) The quantities to be paid at tendered rate shall

include:

(a) Tendered quantity plus

(b) 25% excess of the tendered quantity or the

excess quantity of the value of Rs.5000/- at the

tendered rates whichever is more.

Clause 39: -

The contractor shall employ any famine, convict or

other labor of a particular kind or class if ordered in

writing to do so by the Engineer-in-charge.

Employment of famine

labor etc.

Clause 40: -

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 works,

on account of any delay in according sanction to

estimates.

Claim for compensation

for delay in starting the

work.

Clause 41: -

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Contractor No. of corrections Executive Engineer

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, soil, water standing in borrow pits and no

claim for an extra rate shall be entertained, unless

otherwise expressly specified.

Claim for compensation

for delay in execution of

the work.

Clause 42: -

The contractor shall not enter upon or commence

any portion of work except with the written

authority and instructions of the Engineer-in-charge

or of his subordinate in charge of the work. Failing

such authority the contractor shall have no claim to

ask for measurements for or payment for work.

Entering upon or

commencing any portion

of work.

Clause 43: -

(i) No contractor shall employ any 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 (Nawer)

(iii) No animal suffering from sores, lameness

or emaciation or which is immature shall

be employed on the work.

(iv) The Engineer-in-charge or his agent is

authorized to remove from the work any

person or animal found working which

does not satisfy these conditions and no

responsibility shall be accepted by

Government for any delay caused in the

completion of the work by such removal.

(v) The contractor will have to make

payments to the labourers as per wages

permitted by the minimum wages Act.

Minimum age of person,

employment of donkeys

and/or other animals and

the payment of fair wages.

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Contractor No. of corrections Executive Engineer

(vi) Contractor shall provide drinking water

facilities to the workers. Similar amenities

shall be provided to the workers engaged

on large work in urban areas.

(vii) The contractor should take precautions

against accidents, which take place on

account of labor using loose garments by

labor while working near machinery.

Clause 44: -

Payment to contract shall be made by cheque drawn

on any treasury within the division convenient to

them, provided the amount exceeds Rs.10/-.

Amounts not exceeding Rs.10/- will be paid in cash.

Method of payment.

Clause 45: -

Any contractor who does not accept these

conditions shall not be allowed to tender for works.

Acceptance of conditions

compulsory before

tendering for work.

Clause 46: -

If Government declares a state of scarcity or famine

to exist in any village situated within 10 miles of the

work, the contractor shall employ upon such parts of

the 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.

Employment of scarcity

labour.

Clause 47: -

The price quoted by the contractor shall not in any

case exceed the control price, if any, fixed by Govt.

or reasonable price which it is permissible for him

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Contractor No. of corrections Executive Engineer

to charge a private purchaser for the same class and

description, the controlled prices or price

permissible under Hoarding and Profit Earning

Ordinances, 1948 as amended from time to time if

the price quoted exceeds the controlled price or the

price permissible under Hoarding and Profit Earning

Prevention Ordinance, the contractor will

specifically mention this fact in his tender along

with the reasons for quoting such higher prices. The

purchaser at his discretion will in such case exercise

the right of revising the price at any stage so as to

conform to the controlled prices on the permissible

under the Hoarding and Profit earning Prevention

Ordinance. This discretion will be exercised without

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 VAT. No extra payment on this account

will be made to the contractor.

The tendered rates shall be, inclusive of all taxes,

rates and cesses & shall also be inclusive of the tax

leviable in respect of works contract under the

provision of the Maharashtra Sales tax on transfer of

property in goods involved in the execution of

works Contract Act, 1989 (Maharashtra Act No.

XXXVI of 1989, as and when amended from time

to time will be applicable).

Clause 49: -

In case of materials that may remain surplus with

the contractor from those issued for the work

contracted for, the date of ascertainment of the

materials being surplus will be taken as the date of

sale for the purpose of sales tax and the sales tax

will be recovered on such sale.

Clause 50:-

The contractor shall employ the unskilled labor to

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Contractor No. of corrections Executive Engineer

be employed by him on the said work only from

locally available labor 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

labour are not available locally, the contractor shall

in the first instant employ such number of person as

is available and thereafter may with previous

permission in writing of the Engineer-in-charge of

the said work, obtain the rest of requirement of

unskilled labour from outside the above scheme.

(Government of Maharashtra B & C Dept.

Resolution No. (AT-1097/478) Bldg-2

dt.23/03/1998.

Clause 51:-

(1) A Contractor shall comply with the

provision of the Apprentice Act, 1961 and

the rules and order issued there under from

time to time, if he fails to do so, his failure will

be a breach of the contract and the

Superintending Engineer may, in his discretion,

cancel the contract. The contractor shall also be

liable for any pecuniary liability arising on

account of any violation by him of the provision

of the act. The contractor shall pay the laborers

skilled and unskilled according to the prescribed

wages by the minimum wages Act applicable to

the area in which the work lies.

(2) The contractor to take precautions against

accidents which take place on account of

using loose garments by labours while

working near machinery.

Wearing of loose clothes

prohibition.

Clause 52: -

All amounts whatsoever which the contractor is

liable to pay to the Government in connection with

the execution of the work including the amount

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Contractor No. of corrections Executive Engineer

payable in respect of (i) materials and or stores

supplied/issued hereunder by the Government to the

contractor (ii) hire charges in respect of heavy plant,

machinery and equipment given on hire by the

Government to the contractor for execution by him

of the work and/or on which advances have been

given by the Government to the contractor shall be

deemed to the arrears of the land revenue and the

Government may without prejudice to any other

rights and remedies of the Government recover the

same from the contractor as arrears of Land

Revenue.

Clause 53: -

Deduction of income tax at 2% of the value of the

work done will be made from the contractor‟s R.A.

Bill, and surcharge as applicable.

Clause 54: -

The contractor shall duly comply with all the

provisions of the Contract Labor (Regulation and

Abolition) Act, 1970 (37 of 1970) and the

Maharashtra Contract Labor (Regulation and

Abolition) Rules, 1971 as amended from time to

time and all other relevant statutes and statutory

provisions concerning payment of wages

particularly to workmen 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

Labor (regulation and Abolition) Rules, 1971. If the

Contractor fails or Neglects to pay wages at the said

rates or makes short payment and Government

makes such payment of wages at full or part thereof

less paid by the Contractor as the case may be, the

amount so paid by the Government to such workers

shall be deemed to be arrears of Land revenue and

the Government shall be entitled to recover the

P.W.D.No.CAT

/284(120)/Building 2 dated

14.08.83

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Contractor No. of corrections Executive Engineer

same as such from the Contractor deduct same from

the amount payable by the Government to the

Contractor hereunder or from any other amount‟s

payable to him by the Government.

Clause 55: -

The tendered rates are inclusive of all taxes, rates,

cesses and are also inclusive of the leviable tax in

respect of sale by transfer of Property in Goods

Involved in the Execution of a Work Contract under

the provision of rule 58 of Maharashtra Value

Added Tax Act.2005, for the purpose of levy of

Tax.

Clause 56: -

(a) The anti-malaria and other health measures

shall be as directed by the Joint Director

(Malaria and Filaria) of Health Services,

Pune.

(b) The Contractor shall see that

mosquitogenic conditions are not created

so as to keep vector population to

minimum level.

(c) The Contractor shall carry out anti-malaria

measures in the area as per guidelines

prescribed under National Malaria

Eradication Programme and as directed by

the Joint Director (Malaria and Filaria) of

Health Services, Pune.

(d) In case of default in carrying out

prescribed anti-malaria measures resulting

in increase in malaria incidence, contractor

shall be liable to pay to Government the

amount spent by the Government on anti-

malaria measures to control the situation in

addition to fine.

(e) Reletion with authorities.

The contractor shall make sufficient

arrangements for draining away the

sewerage water as well is water coming

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Contractor No. of corrections Executive Engineer

from the bathing and washing places and

shall dispose off this water in such a way

as not to cause any nuisance. He shall also

keep the premises clean by employing

sufficient number of sweepers. The

Contractor shall comply with rules,

regulation, byelaws and directions given

from time to time by any local or public

authority in connection with this work

shall pay fees or charges, which are livable

on him without any extra cost to

Government. (Govt. circular No. CAT-

1086/CR-243/Desk Building 2 dt.1.9.1987)

Clause 57 – A

Deduction of Income Tax at 2% of the value of the

work done will be made from the contractor‟s R.A.

bills and surcharge as applicable.

Clause 58

The contractor shall make arrangements to supply

fuel for domestic use of all the labours engaged on

the site and prevent labours from cutting tree for the

purpose of fuel. If the contractor‟s labours found to

cut tree, the contractor shall be held responsible for

the same and shall be punished as per the provisions

in the forest Conservation Act 1980.

Clause 59

The contractor shall duly comply with all the

provisions of the Maharashtra Value Added Tax on

profession and traders calling and employment‟s 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 60:- The contractor shall take out necessary insurance

Policy /policies so as to provide adequate insurance

cover for execution of the awarded contract from the

Director of Insurance, Maharashtra, Mumbai – 400

051 only

Its postal address for correspondence is „264,

MHADA, Opp Kalanagar, Bandra, Mumbai-400051.

(Tel No 26438403 Fax: No 26438461 / 26438690),

Condition relating to

Insurance

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Contractor No. of corrections Executive Engineer

insurance policy/ policies taken out / from any other

company will not be accepted. However the contractor

desire to effect insurance with the local office of any

insurance company, the same should be under the Co-

insurance the policy taken out by the contractor is on

Co-Insurance basis ( G.I.F. 60% and Insurance

company 40%) the same will be accepted and the

amount of premium calculated by the Director of

Insurance will be recovered directly from the amount

payable to the contractors for the executed contract

work which may be noted

123

Contractor No. of corrections Executive Engineer

SCHEDULE OF MATERIALS

Name of Work: Renovation to Bund Bet. Ch. 0 to 3180 of Phanaspada

Khardi Koshimbe Kharland scheme, Tal: Vasai Dist: Thane

Schedule showing (approximately) the materials from the stores for the work

contracted to be executed and the rates at which they are to be charged for:

Sr.No Particulars Quantity

(Approximately)

Required

Unit Rate

in Rs.

Remarks

NIL

124

Contractor No. of corrections Executive Engineer

CONDITIONS FOR SCHEDULE „A‟

1. The persons or firm submitting the tender should see that rates in the

above schedule are filled up by the Executive Engineer-in-charge on the

issue of the forms prior to submission of the tenders.

2. The cost of cement shown is inclusive of cost of empty cement bags.

The empty cement bags need not be required to the department by the

contractors.

3. The charges for conveyance of the material from the place of delivery to

the site of work will be borne by the contractor. All the materials shall

be made available for delivery on working days during office hours.

4. The quantities noted in Schedule „A‟ are approximate and shall vary

according to actual and bonafide use in this work.

5. All the materials mentioned in Schedule „A‟ required for the work shall

be taken from the department only. The materials from the outside

sources in lieu of the materials in Schedule „A‟ shall not be allowed

except under written permission from the Executive Engineer. No

claims for extra payment of material will be entertained. The samples of

such materials shall be tested at the contractors cost. The materials not

conforming to the required standards shall be removed by the contractor

at once from the site of work at his cost.

6. If the controlled materials viz. cement, steel etc. lie unused with the

contractor after completion of the work and if they are not returned, the

contractor shall pay for such materials at double the rate at which the

materials were issued to him. Recovery of Sales Tax and Government

Tax on the cost of surplus material which are not returned by the

contractor will be levied as applicable and as per rules.

7. The contractor will have to construct a shed with double locking

arrangements at his own cost.

8. The contractor shall submit an account of all materials issued to him

from time to time when demanded and before final bill is produced.

Materials that cannot be accounted for shall be recovered from him at

penal rates as may be decided by the Executive Engineer.

9. No claims for extra payment on account of delay in supply of these

materials will be entertained.

10. Proper account of day to day consumption of materials issued as per

Schedule „A‟ be maintained by the contractor or his authorized

representative on site and it shall be checked by the department officer

every day in token of its correctness.

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Contractor No. of corrections Executive Engineer

In figure In words

1 2 3 4 5 6 7

1 32760.00 Clearing and removing grass bushes and shrubs etc.stacking 3.70 Rs.Three & paise Seventy Sqm. 121212.00

the stuffs up to lead of 15m and lift up to 1.50 m.etc complete. only

2

30562.00 Excavation in soil/ soft strata ,murrum/lime shadu exeeding

1.5m in width ------including necessary & despositing the material as

directed with all leads & lifts including dressing.

6.45 Rs.Six & Paise forty five only Sqm. 197124.9

39.00 Providing and constructing down stream rock toe with 15 to 23

Rubble stone of quantity from borrow area with hand packing

including with all leads and lift etc. compelete

628.55 Rs.Six hundred Twenty eight &

Paise Fifty five only

Cum. 5656.95

4 30490.000 Constructing embankment for hearting zone with selected 98.75 Rs. Ninety eight & paise Seventy

Five Only

Cum. 3010887.50

material from marine clay around site including transporting the Five Only

material with all leads & lifs laying in layers,levelling, spreading,

breaking clods including watering etc complete.

( Wet Condition)

5

4973.00 Constructing embankment for casing zone with selected material

from borrow area including transporting the material with a lead of

15m & lift up to1.5m laying in layers levelling and dressing the bank

work including watering etc complete.

404.30 Rs.Four hundred and Four & Paise

Thrity

Cum. 2010583.90

6 Providing and laying dry stone pitching from borrow area,20

cms. thick to side slopes of embankment including dressing

the bank work with lead of 15m & lift up to 1.5m etc complete.

630.00 A) Available 38.60 Rs.Thirty eight & paise Sixty only Sqm 24318.00

21721.00 B) Barrow Area ( Field side & Creek side) 169.40 Rs.One hundred Sixty Nine &

Paise forty only

Sqm. 3679537.40

9049320.65

Say Rs. 9049321.00

Contractor No. of Corrections Executive Engineer

C.O. Rs…

SCHEDULE - ' B '

Item

No.

Qty.

estimated

but may be

more or

less

Item of work Estimated rates Unit Total Amount

according to

estimated

Quantities

Name of work:- Renovation of ch. 0 to 3180 of Phanaspada Khardi Koshimbe Kharland scheme, Tal: Vasai Dist: Thane

126

Contractor No. of corrections Executive Engineer

DETAILED ITEMWISE SPECIFICATONS

Name of work:- Renovation to Bund Bet. ch. 0 to 3180 of Phanaspada Khardi Koshimbe Kharland scheme, Tal: Vasai Dist: Thane

Item No.

Item of work Referance To Standered

Specifications

1 3 4

1 Clearing and removing grass bushes and shrubs etc.stacking Separately attached

the stuffs up to lead of 15m and lift up to 1.50 m.etc complete.

2

Excavation in soil/ soft strata ,murrum/lime shadu exeeding 1.5m in width ------including necessary & despositing the material as directed with all leads & lifts including dressing.

Separately attached

3

Providing and constructing down stream rock toe with 15 to 23 Rubble stone of quantity from borrow area with hand packing including with all leads and lift etc. compelete

Separately attached

4 Constructing embankment for hearting zone with selected

Separately attached

material from marine clay around site including transporting the

material with all leads & lifs laying in layers,levelling, spreading,

breaking clods including watering etc complete.

( Wet Condition)

5

Constructing embankment for casing zone with selected material from borrow area including transporting the material with a lead of 15m & lift up to1.5m laying in layers levelling and dressing the bank work including watering etc complete.

Separately attached

6 Providing and laying dry stone pitching from borrow area,20

Separately attached

cms. thick to side slopes of embankment including dressing

the bank work with lead of 15m & lift up to 1.5m etc complete.

A) Available

B) Barrow Area ( Field side & Creek side)

127

Contractor No. of corrections Executive Engineer

GENERAL SPECIFICATIONS

1. DEFINITION:

1.1 Soft - Strata

This shall include all kinds of rock or shale, indurated clay, soil, silt,

sand and gravel, soft and hard murrum and any other material which can

best be removed with a shovel after loosening with a pick and/or bar. It

shall also include isolated boulders upto 0.1 cubic meter each which do

not need blasting and could be removed with a pick, bar and shovel.

At the change of the strata the contractor shall inform the Department in

writing before proceeding work of excavation in hard strata. The

Engineer-in-charge may their upon cause to take levels of finished

excavation in the soft strata.

Safety of excavation:

Before any work of excavation for foundation is taken upon all loose

rock sand, semidetached rock, it or close to the area to be excavated that

is liable to fall or otherwise endanger the workmen on the project shall

be stripped. The methods employed shall be such that it will not shatter

any rock that was originally sound or any soft material not requiring

removal, as contemplated therein, but which may later become loosened

or unstable shall be promptly and satisfactorily removed. The cost of

such clearing shall be deemed to have been included in the unit rates

accepted under the different item of excavation and upto pay lines.

Shoring and strutting slopes:-

Maintenance of excavation slopes:-

Any shoring and strutting required during construction shall be deemed

to be covered by the rates quoted for the items.

The contractor shall be responsible for the accuracy of the excavated

slopes. If in any particular locations, the contractor considers it

necessary in the interest of safety to provide berms he shall forthwith

bring the same to the notice of the Engineer-in-charge by prior written

order, which will be paid for at the rates accepted for the particular class

of material.

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Contractor No. of corrections Executive Engineer

Slips:

Every precaution shall be taken to prevent slips. But should slips occur,

the slipped material shall be removed to slopes as directed. No

compensation shall be paid to the contractor because of mishaps arising

out of slips.

1.2 Hard Strata:

This includes all rock occurring in masses which could best be removed

by blasting where such blasting is permissible. It shall also include rock

which owing to the proximity of buildings and for any other reasons has

to be cut by means of chisel or wedges. It shall also include boulders in

mass or isolated boulders over 0.1 cubic meter each which require

blasting or wedging and breaking for easy removal.

2.0 Slopes admissible for various strata

2.1 Soft Strata:

The slopes allowable in this strata will be ½ : 1 (horizontal :

Vertical) side of cut will be governed by requirements of stability.

2.2 Hard Strata:

The slopes allowable in this strata for the sides are 1/8 : 1

(Horizontal : Vertical) for payment of this strata.

3.0 General specifications for excavation:

3.1 Clearing Site:

Unless otherwise explicitly provided for the item of clearing site as

given below will be considered as included in the item of the

excavation.

3.2 Removal of Rubbish:

The area to be occupied by the bund and its appurtenant work etc. shall

be cleared of all trees, roots stumps, decayed timber bush rubbish and all

other objectionable materials. Trees and dismantled material shall be

the property of the Government.

All trees fallen and all materials from dismantled structure shall be the

property of the Government and shall be stacked in a suitable place as

directed by the Engineer-in-charge or his representative.

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Contractor No. of corrections Executive Engineer

3.3 Disposal of waste materials:

Waste material from bunds site decided as such by the Engineer-in-

charge obtained from clearing operation or excavation shall be burnt or

removed immediately and deposited in the upstream at such places and

in the manner directed by the Engineer-in-charge in order to avoid

unsightly appearance.

4.0 Stone

4.1 Quality:

All stones used on the work under these specifications shall be obtained

from quarries approved by the Engineer-in-charge. The stone shall be

sound, tough and of durable quality and shall be free from decays and

holes, vein, flaws, cracks or other defects.

4.2 Size:

The dimensions of the stones to be used shall not be less than 20 to 25

cms. On any face. Only stones weighing between 25 to 50 kgs. Shall be

allowed to be used.

4.3 Test for good stones:

While approving any quarry for stone besides satisfying the

specification mentioned in paras above it shall be seen that the stone

obtained shall be such as will not absorb water more than 1 % of its own

dry weight after keeping it under water for 24 hours.

Laterite stone should be compact in texture streaked colours prevailing

it should not be very unevenly distributed. Those types in which white

clay occurs should not be used. Laterite stones exposed to weather to

harden for a considerable time should be preferred. It should not be used

where subject to great pressure and liable to be soaked with water.

5.0 Sand

5.1 Source and Size:

Sand used for mortar shall be either natural river sand, creek sand or

crushed trapped stone or mixtures of both in specified proportion. The

maximum size be limited to 5 mm.

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Contractor No. of corrections Executive Engineer

5.2 Quality:

The sand shall consist of hard, dense, durable, uncoated siliceous gritty

materials obtained from rock fragments. It shall be free from injurious

amounts of dust, lumps, soft and flaky particles, shale‟s, alkali, organic

matter, loam, mica and other deleterious substances. The maximum

percentage of deleterious substances in the sand as delivered for use in

mortar shall not exceed the following values.

Percentage of Weight:

Materials passing No. 200 sieve B.S. or I.S.No.8

average opening 0.0029

4 %

Shale 1 %

Clay Lumps 1 %

Coal 1 %

Total of other deleterious substances such as

alkali, mica coated grains, soft and flaky

particles.

2 %

The sum of the percentage of all deleterious substances shall not exceed

5 % by weight. The sand shall free from injurious amounts of organic

impurities. Sand producing of colour darker than the standard in

colorimetric test for organic impurities shall be rejected.

5.3 Mechanical Analysis:

The sand shall be well graded and the sieve analysis shall conform to

the following limits of gradation.

Sieve No. A.S.T.M Equivalent

I.S.S

Cumulative percentage by

weight retained on sieve

3/8 3/8 Nil

4 480 0 to 8

8 240 10 to 25

16 120 25 to 45

30 60 50 to 70

50 30 75 to 90

100 13 90 to 97

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Contractor No. of corrections Executive Engineer

5.4 Fineness Modulus

The sand shall have fineness modulus ranging between 2.60 and 3.00.

The modulus shall be computed by adding cumulative percentage of

sand retained on the 6th

standard screens from No. 4 to No. 100 both

inclusive (A.S.T.M. standard) or (480, 240, 120, 60, 30 and 15 sieves of

the I.S.Designation) and dividing the sum by 100. Any deviation from

the specification in respect of the gradation and the fineness modulus

shall not be permitted without the permission of the Engineer-in-charge.

6.0 Mix Variation:

In case the ratio of cement to total aggregate is modified by changing

the cement under specific orders of the Executive Engineer-in-charge.

The contractor shall be paid increased or reduced rate according to the

variation in the cost of cement resulting from change in mix proportion,

calculated as per table given below.

The variation in cost of cement will be calculated according to the rate

of cement as specified in the schedule „A‟ and the change in the

requirements of cement by weight per cubic meter volume of concrete

as determined by the following table.

VARIOUS GRADES OF CEMENT CONCRETE

Class

Nomi

nal

Mix

Grade

of

equival

ent

L.S.S.

mix

Cement

contents

in

kg/cum.

(bags)

Maxim

um

size of

aggreg

ate in

mm.

Slu

mp

in

mm.

Stipulated Strength in 15

cm. cube

Indicat

ive

probab

le

locatio

n foe

use.

Prelimi

nary

test of

28 days

kg/sq.c

m

Work

test of

7 days

kg/sq.

cm

Work

test of

28

days

kg/sq.c

m

1 2 3 4 5 6 7 8 9

1:2:4 M-150 380 (7.6) 20 200 100 150

1:2:4 M-150 -- 40 200 100 150

1:3:6 M-100 235.5

(4.71)

40 100 100 100

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Contractor No. of corrections Executive Engineer

7.0 Slump Test for concrete:

In order to test the consistency of the mixed concrete, slump test shall

have to be taken by contractor when required by the Engineer-in-charge

and as per the Indian Standard Specifications. The allowable slump shall

be decided by the Engineer-in-charge, depending upon the location of

the concrete.

8.0 Cement:

Cement obtained by the contractor shall confirm to specification by the

I.S.Institute (Vide their Sp.No.I.S. 8112 of 1989 for Portland cement)

9.0 Water:

9.1 Quality:

Water used for making mortar or curing shall be of potable grade and

reasonably clean and free from objectionable quantities of silt, organic

matter, alkali, salts and other injurious materials.

9.2 Turbidity permissible:

The turbidity of water for mixing mortar shall not be more than 50 part

per million and shall preferably be as low as possible.

10.0 Mortar General:

10.1 Mode of mixing:

Mortar shall be obtained by thoroughly mixing in mechanically worked

mixer or mills, the constituents being in the specified proportions. If the

mortar mixing by manual labour is permitted by the Engineer-in-charge.

T shall be mixed only on large size M.S. Sheets and after taking

precautions against contamination with foreign materials.

10.2 Specification for ingredients:

It shall be seen that the ingredients going from finished product of

mortar comply individually with the specification separately laid out for

each of them.

10.3 Time for use:

Mortar shall be used in masonry within the time specified for the initial

set or as directed in the detailed specifications.

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Contractor No. of corrections Executive Engineer

10.4 Proportions of ingredients:

The Proportions of ingredients mentioned in the schedule „B‟ for each

type of mortar are proportions for only the nominal mixes. The criteria

governing the mix will be the strengths specified and the actual

proportions of the ingredients to give the requisite strength shall be

determined by experiments.

10.5 Strength:

The minimum compressive strength of mortar used in any part of

masonry shall not less than 53.5 kg/sq.cm and that in tension not less

than 10.7 kg/sq.cm at the end of 28 days in the case of cement mortar.

11.0 Coarse Aggregate:

11.1 Coarse Aggregate for concrete shall consist of hard, dense, durable

uncoated, crushed rock and shall be free from injurious amounts of soft

feable, thin elongated or laminated pieces, alkali, organic matter or other

deleterious substances. Flakey and weathered stones shall not be used.

Aggregate shall be tested in accordance with teat prescribed in I.S.516-

59 and 1299-59 or subsequent revision. Use of gravel fraction left

behind after sieving river sand shall be permitted in the blending of

coarse aggregate if asked for after suitable experiments and without any

variation in rates.

11.2 Impurities:

The broken stone or metal shall be free from dust and dirt shall be

washed if necessary to ensure all faces of the stones are perfectly clean.

The maximum percentage of deleterious substances in any size of coarse

aggregate shall not exceed the following value.

Materials passing through:

No. 100 screen (ASTM) One percent by weight

Shale One percent by weight

Coal One percent by weight

Soft fragments One percent by weight

Clay lumps One fourth percent by weight

Other deleterious substances One percent by weight

The sum of the percentages by weight of all deleterious substances of

any size shall not exceed five.

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Contractor No. of corrections Executive Engineer

11.3 GRADING

(a) The approximate range in grading of coarse aggregate is as under.

Maximum

size of

aggregate

Nominal

range mm

Percentage of Coarse Aggregate fraction

20 to 40 5 to 20 10 to 20 5 to 10

20 mm 10 to 20 -- 100 55 to 67 33 to 45

40 mm 20 to 40 40 to 50 50 to 60 23 to 40 18 to 30

(b) The coarse aggregate shall be of such a size as shall be retained on a

mesh 5 mm square.

(c) The grading between the limit specified above shall be such that it shall

produce a dense concrete of the specified proportions and consistency

that will work readily into position without segregation and without the

use of excessive water content.

11.4 Stacking:

The aggregate of different size shall be such that it shall be stacked

separately and bundled in such a manner as to prevent inter mixing of

different size of aggregates, required separately for grading purposes.

No foreign matter will be allowed to be mixed up in the aggregate. If

covered with dust etc. they shall be washed cleaned before use.

12.0 Forms:

12.1 Forms to confine the concrete and shape in the required lines be used

wherever necessary. The forms shall have sufficient strength and

rigidity to hold concrete and withstand the pressure of ramming and

vibration within permissible deflections from the prescribed lines, when

the concrete is vibrated.

The surface of all forms in concrete shall be clean, rigid, water tight and

smooth. Suitable devices shall be used to hold corners adjustment end

and edges of panels of other forms together in accurate alignment.

Forms to be used more than once shall be maintained in serviceable

condition and shall be thoroughly cleaned and smooth before being

reused. Where metal sheets are used for lining forms, the sheets shall be

135

Contractor No. of corrections Executive Engineer

placed and maintained on the forms with the minimum amount or

wrinkles. Humps or other imperfections. The use of sheet metal to

correct surface that will be permanently exposed to view shall not be

permitted. All forms shall be checked for shape and strength before

reuse by Engineer-in-charge or his representative.

12.2 Erection and removal of forms:

Before placing concrete the surface of all forms be oiled with a suitable

non staining oil such as raw linseed oil so as to prevent sticking of

concrete and facilitate the removal of forms for use on wood form. The

oil should be capable of penetrating the wood forms and of remaining

sufficiently oily to eliminate sticking of and preventing absorption of

water and consequent warping.

The oil shall cover the form fully and evenly without excess or drip.

Care shall be taken to prevent oil from getting to the surface of

construction joints and on reinforcement bars. Special care shall be

taken into account thoroughly of the form stripes for narrow grooves so

as to prevent swelling of the forms. Immediately before concrete is

placed, precautions shall be taken to see that all forms are in proper

alignment and that, angles and tees are thoroughly secure and tight.

Where forms for continuous surface are placed in successive units the

form shall fit tightly over the completed surface so as to prevent

leakages of mortar from the concrete and to maintain accurate alignment

of surface.

12.3 Removal of Form:

Removal of form shall never be started until the concrete thoroughly

sets and harden adequately to carry its own weight, besides their live

load which is likely to come on the work during construction. The

length of time for which the forms remain in place shall be decided by

the Engineer-in-charge with reference to weather conditions, shape and

position of the structure or structural member and the nature and amount

of dead and live loads. In normal circumstances, form shall be struck

after the expiry of the following periods.

A) Beam sides wall columns (Un

loaded)

72 Hrs.

B) Slabs and arches (Props left under) 4 days

C) Props to slabs and arches 10 days

D) Beam soffit (Props left under) 1 day

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Contractor No. of corrections Executive Engineer

E) Props to Beams 21 days

F) Lean concrete (Side) 2 days

In no case shall forms be removed until there is assurance that removal

can be accomplished without damaging the concrete surface. No load

will be allowed to damage concrete surface. Heavy load shall not be

permitted until after the concrete reaches its designed strength. The

form shall be removed with great caution and without injuring the

structure or throwing heavy forms upon the floor.

13.0 Classification of form work:

Straight and Plane :

This category shall include which can be formed by use of plain panels.

Curved in one direction :

This category shall include which can be formed by use of straight

planks or battens for works such as roof of gallery or pier cut water.

Curve in more than one direction :

This category shall include such curved surfaces as cannot be included

in category above.

14.0 Steel for reinforcement:

Tor steel reinforcement bars for R.C.C work shall confirm to I.S. 432 :

960 and shall be of tested quality.

All the reinforcement shall be clean and free from dirt, oil paint, grease,

mill scale or loose or thick rust at the time of placing.

14.1 Scope of work:

This item covers providing, handing, storing, cleaning, cutting,

bending, placing and / or erecting in position, securing and maintaining

in position all reinforcement and anchoring bars and reinforcement

fabric till concrete is placed around it. It also includes placing of the

bars as shown on the drawings or as required by the Engineer-in-charge

and providing the hooks at the ends. It includes the cost of furnishing

and attaching wire, ties and chairs, metal supports etc. The rate is

inclusive of the splitting and welding required at the end of anchor bar,

if required. It also includes welding of reinforcing bars where directed

or permitted by the Engineer-in-charge.

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Contractor No. of corrections Executive Engineer

14.2 Supply:

The reinforcing steel shall be supplied by the contractor.

14.3 Bar Bending Schedule:

The department will indicate the design requirements of reinforcement

steel for the different components. The contractor shall prepare the bar

bending schedule from those design statements showing the details of

bends, cracks and splices provided by him for all the bars to be placed

and get them approved from the Engineer-in-charge. The schedule

shall be presented for approval well in advance of the laying of the

reinforcement.

14.4 Cleaning :-

Before steel reinforcement is placed in position the surface of these

reinforcement bars shall be cleaned of rust scale, dirt, grease or other

objectionable deleterious foreign substances, heavy flaky rust and mill

scale that can be removed by firm rubbing with burlap or equivalent

treatment. The fact that early stage rust has no detrimental effect on

bond hence could be disregarded shall not be accepted an excuse for

careless handling and storages of steel.

14.5 Distance between Reinforcement bars :-

14.5.1 The distance between two parallel reinforcement bars shall be extended

as provided below in 5.2 not less than the greatest of the following

distances.

a) The dia of the either bar if their diameters be equal.

b) The dia of the larger bar if the diameters be unequal and

c) 6 mm more than larger bar if the diameters be unequal

aggregate comprised in such concrete.

A greater distance should however be provided when

convenient.

14.5.2 The vertical distance between two horizontal main steel reinforcement

of the corresponding distance at right angles to two inclined main steel

reinforcements shall be not less than 12 mm except at a splice or lap

and except where one of each reinforcement and transverse to the other.

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Contractor No. of corrections Executive Engineer

14.5.3 The pitch of the main bars in a reinforced concrete solid slab shall be

not more than three times the effective depth of such slab. The pitch of

the distribution bars in a reinforced concrete solid slab shall be not

more than four times the effective depth of such slab.

14.5.4 Concrete Cover:-

Sufficient concrete cover shall be provided to protect reinforcement

from corrosion or as indicated in the drawings.

All protruding bars from concrete to which other bars are to be spliced

and which will be exposed to action of weather for an indefinite period

shall be protected from rusting by a thin coat of neat cement grout.

The thickness of concrete cover (Exclusive of plaster or other

decorative finish) shall be 50 mm at faces and 75 mm at ends.

15.0 ADDITIONAL IMPORTANT POINTS FOR ATTENTION:

15.1 Before the reinforcement bars are fixed in position it shall be verified

as to whether they are of specified sizes and are cut and bent in

accordance with the relevant drawing and specification. For mistake

the contractor is liable for all rectification of mistakes at his risks and

costs.

15.2 Reinforcement bars shall be accurately placed and secured in position

by means of build in concrete blocks, metallic chairs, hangers, spacers

or other suitably approved devices at sufficiently closed intervals so

that they will not sag between supports and shall not be displaced

during the placing of concrete or any operation of the work.

15.3 Before starting concreting the contractor shall make certain that the

measurement of reinforcement placed have been recorded by the

authorized representative of the department and that the Engineer-in-

charge certifies to the correctness of reinforcement use. Engineer-in-

charge at discretion may order dismantling and reconstruction of the

work where necessary. Engineer-in-charge or his authorized

representative shall record the fact of his having checked and approved

139

Contractor No. of corrections Executive Engineer

the reinforcement in work order book kept on work before allowing

concreting to commerce.

STEEL:-

Reinforcing bars and rods (of mild Steel or round steel) 6 mm or higher

in diameter shall be obtained by the contractor.

The bars and rods shall be obtained according to the standard size.

The contractor shall make suitable arrangements for storage of steel

and the Executive Engineer or his representative shall have the

authority at all times to inspect the storage arrangements and to suggest

modifications and improvements if any, and the contractor shall

comply with the same.

The storing arrangements shall be such as to afford convenience of the

inspection and check of material bars of the size, length, shape and

grade shall be assembled in stacks and marked distinctly.

The contractor shall at all times maintain proper records showing the

basis of indents the receipts and utilization of the steel and these shall at

all times be open for inspection by the Engineer and his authorized

representative.

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Contractor No. of corrections Executive Engineer

Tables of Weight

Table No.1 (Torsteel weight as per ISI-9 Bars)

Section Rolled in Metric System

Diameter of Bar in mm Weight in Kg. Per Meter

6 0.222

8 0.395

10 0.617

12 0.888

14 1.210

16 1.580

18 2.000

20 2.470

22 2.980

25 3.850

28 4.83

32 6.310

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Contractor No. of corrections Executive Engineer

DETAILED ITEM WISE SPECIFICATIONS

Item No. 1:

Clearing and removing grass, bushes and shrubs etc. stacking the

stuff with all leads and lifts etc. complete.

1. General

This item provides for clearing the area required for construction of

earthen bund as shown in the drawing. This item includes all tools, materials

and labour required for satisfactory completion of item as directed by the

Engineer-in-charge or his representative.

2. Materials :

The rate of this item shall include the cost of all necessary materials

required for carrying out the item.

3. Method of execution :

The seat of bund or the area to be cleared shall be properly marked at

site with reference to centre line of bund. All objectionable vegetation

including bushes, trees stumps etc. shall be removed and to be dumped on the

sea side of the bund at least 15 meter away from the working area. However the

contractor shall not remove or damage existing mangrove trees in the working

area. The contractor shall not sell the vegetation which is cleared by the

contractor. All necessary precautions shall be taken to protect the persons

working on such work and should not damage any private or government

properties nearby. The contractor shall be held responsible for its

compensation, if any, arises thereon.

4. Mode of measurement and payment :

The contract rate shall be for one square meter of area cleared restricted

to the design dimension shown in the drawing. The payment for this item will

be made in the final bill, only after completion of all other items of embankment

included in the tender. If all the items in the tender are not executed fully, the

payment for this item will not be released.

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Item No. 2 :-

Excavation in soil/soft murum/lime shadu exceeding 1.5 m. in

width including depositing the material as directed, with all leads and lifts

including dressing.etc. complete. (for stripping)

1. General :-

The excavation of Kharlands works consists of excavation for

foundation to required grade, line, levels etc, as per the section shown on the

drawing, finishing the surface and removal of excavated material to the place as

directed by the Engineer-in-charge or his representative. He has to provide all

labours, materials, equipments and tools required for completion of the work

including clearing the site of work. The item also consist the cost for back

filling unless otherwise specified separately.

2. Materials :-

The contractor has to provide all materials such as lime string, pegs,

nails, bamboo, stones, mortar and concrete required for marking Bench marks

or other reference marks.

3. Method of Execution :-

The ground levels shall be taken at suitable intervals considering site

condition and nature of work, in the presence of contractor or his authorized

representative. Before start of the excavation field books/drawing etc. showing

details are required to be signed by the contractor/authorized representative.

The excavation and disposal is to be planned so that it will not obstruct stacking

of construction material and pumping devices. The excavated material shall be

dumped sufficiently clear of edges of excavation, so as not to endanger stability

of slopes of the excavation. Any shoring and strutting required during

construction shall be deemed to be covered by the rates quoted for the items and

no extra claims will be entertained.

If the excavation is done below the specified level or outside the section, it will

not be paid to contractor.

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The contractor in such cases of over cuts will be required to fill up the same at

his own cost with approved materials as directed by Engineer-in-charge or his

representative.

The classification of the stratas will be done as indicated in para 1.1 of the

general specification.

The back filling shall be done after concrete or masonry is fully set and as per

directions of Engineer-in-charge or his representative.

4. Mode of Measurements and Payment :-

The quantity of items shall be computed from the cross sectional areas

by the trapezoidal formula and contract rate shall be for the unit of one cubic

meter for the strata classified by the competent authorities. No payment will be

made till the construction of structure raises above ground level.

Item No. 3 :-

Providing and constructing down stream rock toe with 15 to 23 cm. rubble

dry stones of approved quality from borrow area with hand packing with

all leads and lifts etc. complete as directed.

General :-

The item shall consist of furnishing of all tools, equipments, material,

transportation and labour required for providing and quarrying transporting

laying rock toe to the required section, including hand packing and performing

all operations required for satisfactory completion of item.

Materials :-

The stones shall be fairly well graded, consisting principally of rock fragments

ranging in weight from 10 to 50 Kg. sufficient fine material such as rock spauls,

pebbles etc. to fill the voids. The materials shall be of hard, dense, durable and

sound rock and shall not contain any friable or soft material.The rubble quarry

shall be got approved from the Engineer-in-charge and rubble to be used shall

be of approved quality. The materials are to be brought from Government or

from private quarries with his own cost and risk.

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Method of Execution :-

The larger fragments of stones shall be placed in the core and near the outer

slope. The finer materials shall be laid in the inside portion of rock toe where

the earth work will come in contact. The voids should be wedged and properly

packed with stone chips by using hammer. Surface of outer and inner slopes

shall be uniform.

Mode of Measurement and Payments :-

The contract rate shall be for one cubic meter of finished Rick-toe based on

actual measurements limited to the designed section as per drawing. The

measurements for Rock toe as executed and taken at every 15 m. or at closer

distance as found necessary and limited to design cross section if found to be in

excess. Earth work behind rock toe shall only be started after recording final

measurements of rock toe.

Item No. 4 :

Constructing, embankment for hearting zone with selected

material from marineclay around site including transporting the material

with all leads and lifts laying in layers, levelling, spreading, breaking, clods

including watering etc. complete. (Wet Condition)

1. General :

After clearing the site, the toes of bund will be demarcated on ground

on the basis of cross-sections. For this, levels will be taken at regular interval of

30 meter or at closer interval depending upon the topography of the site. If the

contractor or his representative fails to remain present during taking levels, the

levels taken by the field staff of the Department will be treated as final and

binding on the contractor. The item includes quarrying, transporting and

spreading the suitable material from the borrow pits in uniform layer as

directed. This item includes all tools and equipments, materials and labour

required for satisfactory completion of item as directed by the Engineer-in-

charge or his representative.

2. Clearing Borrow pit areas :

All area required for borrow pits for selected material (marine clay)

shall be selected that felling of existing mangroves is not necessitated. However

it should be cleared of all stumps, routs and other objectionable materials, etc.

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particular care shall be taken that all organic matter shall be excluded from the

material which is to be placed in the bund embankment. The cleared area shall

be maintained free of vegetation growth during the progress of work without

any extra payment.The borrow pit shall be stripped to depth, necessary to obtain

material of the desired quality where borrow pits are opened adjacent to the

bunds, the edge of the excavation shall not approach the toe of the bund closer

than 5 m. as directed by Engineer-in-charge. Borrow pits shall be so selected

that required materials will be furnished as close as practicable to the point of

utilization and so that they will not interfere with location of permanent

structure not the usefulness of appearance of any of the work. The formation of

pools shall be avoided and all borrow pits shall be drained as necessary by

ditches to the nearest nallas.All pits shall be arranged with certain amount of

regularity having regard to the convenience of the work during the excavation

and to its safety and appearance of finished after its completion.Temporary

quarry roads leading to and from the respective borrow areas to the site of the

embankment where the material are required to be deposited shall be

constructed and maintained by the contractor at his own expenses with

permission of and as directed by Engineer-in-charge.The borrow pit material

shall be got classified by the Engineer-in-charge with regard to its suitability for

bund.During construction, contractor may after careful testing with specific

permission of the Executive Engineer bring suitable material from the areas

other than those indicated in borrow area plan. No extra payment would

however be admissible on this account.For the guidance of the contractor,

quarries will be shown at site if desired. The data presented therein are to be

taken only as a guidance and no claims shall be entertained in future due to lack

of conformity between the nature of materials actually met with during

construction and that indicated in the borrow area plan. The contractor is

expected to have his own prospects carried out before tendering for the work.

During construction the contractor, may after careful prospecting and with

specific written approval of the Executive Engineer, bring suitable material

from areas other than those in the borrow area shown. No extra payment would

however be admissible on this account.

3. Method of Execution :

The materials obtained from borrow area at distance at least 5 m. from

toe line and shall be laid as per line out approved by the Engineer-in-charge or

his representative. Considering the local factor site conditions and tide level

etc., the laying of hearting material should be done in layers. Clods should be

broken and manual kneading tampering by earth master rammer or timber

mallet should be done to have homogeneous mass without voids. The work of

hearing should be done in such a manner that it will be covered immediately

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Contractor No. of corrections Executive Engineer

with casing material if included in the tender and will not remain half-way by

the end of season so as not to get damaged during monsoon. The ring bund for

ughadi in constructed upto high tide level with locally available impervious

clay, measurements shall be taken after completion of bund but paid after

construction of ughadi is completed. The maintenance of bund during the

construction to the designed section is sole responsibility of the contractor.

4. Mode of Measurement and Payment :-

The running bills will be paid on the basis of actual cross sections taken

at 30m or closer interval as may be necessary as per the site conditions

restricted to designed section. All running bills will be paid at 90 % as part rate

and the same 10 % will be released at the time of final bill provided all other

items such as casing pitching and other related items of the bank work, if any

are completed satisfactorily. In case of failure to do so the quantity arrived at

after due deduction for shrinkage will be considered for final payment and paid

at 90 % reduced rate.The final measurements will be based on the basis of

actual cross sections taken, restricted to designed sections, the contract rate shall

be for one cum of finished bank work. The deduction for shrinkage would be

made from the computed quantity at 15 % if the measurements are taken during

the same working season and at 10 % if the measurements are taken after

passing of one monsoon.The ring bund for sluice gate shall be constructed up to

high tide level (Plus) 0.30 meter. Measurement of the bund will be taken after

Completion of the bund however payment thereof will be made after

construction of sluice gate is completed. The contractor till the completion of

sluice gate shall maintain the top of ring bund. As such deduction of shrinkage

from the earthwork of the ring bund is not necessary. After completion of sluice

gate the contractor shall remove at his own cost and risk and directed by

Engineer-in-charge.

Note:- In the case work spills over one monsoon it shall be incumbent to take

measurements of the work already executed but not finalized before restarting

the work in second season.

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Item No. 5:

Constructing embankment for casing zone, with selected material

from borrow area including transporting the material with all leads & lifts,

laying in layers, levelling, and dressing the bankwork, including watering

etc. complete.

1. General :-

This item provides for laying topping and bedding below pitching of

casing material over the Kharland bund already laid with hearting material. The

item to include all tools equipment, material and labour required to complete the

item as directed by the Engineer-in-charge or his representative (For Thane &

Raigad Dist.)After clearing the site, the toes of bund will be demarcated on

ground on the basis of cross-section. For this levels will be taken at the regular

interval of 30 meter or at closer interval depending upon the topography of the

site. If the contractor or his representative fails to present during taking levels,

the levels taken by field staff will be treated as final and binding on contractor.

The item included quarrying, transporting and spreading the suitable material

from the borrow pits in uniform layers as directed. (For Ratnagiri and

Sindhudurg Dist.).

3. Clearing borrows pit areas :

All areas required for borrow pits for selected material shall be so

selected that felling of existing mangroves is not necessitated. However it

should cleared of all trees, stumps, roots and other objectionable materials etc.

Particular care shall be taken that all organic matter shall be excluded from the

material which is to be placed in the bund embankment. The cleared area shall

maintain free of vegetation growth during the progress of the work without any

extra payment.The borrow pits shall be stripped to depth necessary to obtain

material of the desired quality where borrow pits are opened adjacent to the

bund the edge of the excavation shall not approach the toe of the bund closer

than 5m. Borrow pits shall be so selected that required materials will be

furnished as close as practicable to the point of utilization and so that they will

not interfere with location of permanent structure not the usefulness of

appearance of any of the work. The formation of pools shall be avoided and all

borrow pits shall be drained as necessary by ditches to the nearest nallas.All pits

shall be arranged with certain amount of regularity having regard to the

convenience of the work during the excavation and to its safety and appearance

of finish after its completion.Temporary quarry roads leading to and fro from

the respective borrow areas to the site of the embankment where the material are

required to be deposited shall be constructed and maintained by the contractor at

his own expenses with permission of and as directed by Engineer-in-charge.The

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Contractor No. of corrections Executive Engineer

borrow pit material shall be got classified by the Engineer-in-charge with regard

to its suitability for bund.During construction contractor may after careful

testing with specific permission of the Executive Engineer, bring suitable

material, from the areas other than those indicated in borrow area plan. No

extra payment would however be admissible on this account.For the guidance of

the contractor, quarries will be shown at site if desired. The date presented

therein are to be taken only as a guidance and no claims shall be entertained in

future due to lack of conformity between the nature of materials actually met

with during construction and that indicated in the borrow area plan. The

contractor is expected to have his own prospects carried out before tendering for

the work. During construction the contractor, may after careful prospecting and

with specific written approval of the Executive Engineer, bring suitable material

from areas other than those in the borrow area shown. No extra payment would

however be admissible on this account.

3. Method of Execution :

The casing material shall be laid in layers as per the section shown in

the drawing and as directed by the Engineer-in-charge or his representative.

The material should contain proper moisture. (Water should be sprinkled

whenever required). Every layer should be completed by manual kneading

tamping by earth master rammer or by timber mallet. The contractor has to

make his own conveyance arrangements; casing or the murum topping shall be

done and got finalized before start of monsoon.

4. Mode of Measurement and Payment :-

The running bills will be paid on the basis of cross section taken

restricted to the design section.The final measurements will be based on the

basis of actual cross sections taken restricted to designed sections. The contract

rate shall be for one cum of finished bank work. The deduction for shrinkage

would be made from the computed quantity at 15% if the measurements are

taken during the same working season and at 10% if the measurements are taken

after passing of one monsoon.The ring bund for sluice gate shall be constructed

upto H.T.L. + 0.3 m. Measurement of the bund will be taken after completion of

bund however payment thereof will be made after construction of sluice gat is

completed. The contractor till the completion of sluice gate maintains the top of

ring bund. As such deduction of shrinkage from the earthwork of the ring bund

is not necessary. After the completion of sluice gate the contractor shall remove

at his own cost and risk and as directed by Engineer-in-charge.

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Contractor No. of corrections Executive Engineer

Item No. 6:

Providing and laying dry stone pitching from borrow area 20 cms.

thick to side slopes of embankment including dressing the bank work

including watering etc. complete.

A) Field side without header

B) Creek side with header

General

The bank work, before laying the pitching, should be brought to

required slope and section. The item includes all tools and equipments,

materials, transportation and labour required for satisfactory completion of item

with necessary dressing the embankment.

Materials :-

The quarries and the materials should be got approved from the

Engineer-in-charge or his representative at the quarry itself. The materials are

to be brought from quarries with his own cost and risk.

Method of Execution :-

1. The slopes of bank work where the pitching is to be laid shall first be

trimmed to the required slope.

2. Stores should be large and placed vertically so as to interlock with each

other and the chips used for filling the interstices and wedging may be in pieces.

The pitching should be made in one layer but stones in the layer should be as

large as possible and of a weight as will not get disturbed by wave action or

during heavy rain. Layer will be with flat large face resting on the prepared

sloping surface. Remaining interstices being filled in with chips, spauls

properly hammered in so that the entire mass become firm and cannot be

disturbed by hand.

3. The stones used for the pitching shall be perfectly sound and as regular

in shape as possible. Sixty percent of the stones shall be such as not to weight

less then 25 Kg. each. The stones shall as far as practicable be selected as to

size and shape to secure fairly large flat surfaced stones with will be laid up

with an even surface and minimum number of voids.

The stones shall be placed on end with broadcast base down and length

normal to the slope. Beginning at the bottom of the slope, the stones shall be

laid compactly and so matched and interlocked that they shall be keyed together

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Contractor No. of corrections Executive Engineer

with a minimum of joint space. Rock fragments and spauls shall be tightly

driven into the interstices to wedge and stones in place and close direct opening

to the underlying slope. Such filling shall be carried out simultaneously with

the placing in position of the large stones and shall in no case be permitted to

fall behind. The wedging shall be done with the largest size chips practicable,

each chip being well driven home with a hammer so that no chip is possible of

being picked or removed by hand. The smaller size stones required for filling in

interstices and wedging shall only be supplied to the actual requirements for

such work and shall not be used in two or more layers as a substitute for the full

thickness stones. High irregular points shall be knocked off and the finished

pitching shall present a neat and reasonably smooth and uniform surface, free of

loose stones. Work of laying murum bedding and stone pitching shall be done

simultaneously.

4. Mode of Measurement and Payment :-

The contract rate shall be for one square meter of finished pitching

worked out on actual measurements restricted to designed section. The rate

includes stone pitching.

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Contractor No. of corrections Executive Engineer

Undertaking

Name of Work: - Renovation to Bund Bet. Ch. 0 to 3180 of

Phanaspada Khardi Koshimbe Kharland scheme, Tal: Vasai Dist:

Thane

11.. I / We have carefully read and understood the above important

instructions, terms and conditions of the Tender Document and I / We

hereby agree to abide them without any prejudice and reservation..

2. I have seen drawing on the web site which is part of tender document and

after due consideration of the same along with other item, Bid Offer is

quoted for the tender.

Signature of tender & Name

Destination

Seal

Dated:

Place:

Note: Bidders should submit the undertaking online in the format given

above.

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Contractor No. of corrections Executive Engineer

List of documents to be scanned and uploaded online

The following documents should be scanned and uploaded on the e-Tendering

website by the tenderers during online bid preparation stage. If any documents /

information are not submitted then the tender will be summarily rejected.

1) Earnest Money Deposit in the form of Government Treasury Challan or

Term Deposit Receipt for one year of required amount pledged in the name

of the Executive Engineer, Kharland Development Division - Thane shall be

enclosed. Certificates of exemptions for payment of earnest money, issued

by competent authority, if valid, shall be accepted instead of the Earnest

Money Deposit.

2) Document certifying the bidder as a registered contractor with Public Works

Department of the Government of Maharashtra valid on date of submission

of tender.

3) Certificate of Registration under Clause 16(i) of Maharashtra Value Added

Tax Act – 2005 or the Certificate of Registration under Rule-8 of The

Bombay Sales Tax Rules-1959. Contractors not submitting any of the two

documents will be liable for Tax Deduction at Source at the rate of 4% of

the contract Price.

4) Scanned copy of Demand Draft for Tender Document Fees

5) Copy of Certificate of enrolment under The Maharashtra State Tax on

profession, trades, callings and employment act 1975. (See rule 3(2)) and

certificate of enrollment under section (2) or sub-section (2A) of section 5

of Maharashtra State Tax on professions, trades, calling and employment

act 1975.

6) Details of works of similar type and magnitude carried out by the

tenderer (in Appendix A)

7) Deed of partnership or Article of Association and Memorandum of

Association for limited Company, duly registered, if applicable.

8) Details of works of similar type of works tendered for and in hand with the

value of work unfinished on the last date of submission of tender. The

Certificates from the heads of the office, not below the rank of Executive

Engineer, under whom the works are in progress, should be enclosed (in

Appendix B)

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Contractor No. of corrections Executive Engineer

9) List of plants and machinery immediately available with the tenderer for use

on this work and list of machinery proposed to be utilized on this work but

not immediately available and the manner in which it is proposed to be

procured (in Appendix C)

10) Proof of having tenderer‟s own machinery.

11) Details of Technical Personnel on the roll of the tenderer (in Appendix D)

12) A certified copy of Power of attorney for signing the tender in case of

proprietary firm / partnership firm / Ltd. Co. Ltd. Corporation / sponsoring

firm made by a Group of firms.

13) Scanned copy of memorandum

14) Declaration of the contractor (Appendix E)

15) Undertaking of the contractor

Note: If, during online bid preparation, any need arises to upload

additional documents, apart from the above mentioned documents, an

option to upload additional documents has been provided in the e-

Tendering software which will be available to bidders during online bid

preparation stage.

List of supporting forms / documents / proforma to be downloaded by

contractors

Documents mentioned below, have been made available online as supporting

documents. Bidders will be able to download these documents, along with main

tender document, by following online tender document purchase procedure

explained in main tender document.

1) Drawings

2) Copies of Technical Sanctions and Administration Approvals