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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
5
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
6
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
8
Contractor No. of corrections Executive Engineer
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.
9
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
10
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.
11
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
13
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
14
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
15
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
16
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)
17
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.
18
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
20
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
21
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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Contractor No. of corrections Executive Engineer
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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Contractor No. of corrections Executive Engineer
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
39
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
40
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
79
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
84
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.
100
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.
102
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
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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
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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
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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)
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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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Contractor No. of corrections Executive Engineer
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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Contractor No. of corrections Executive Engineer
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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Contractor No. of corrections Executive Engineer
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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Contractor No. of corrections Executive Engineer
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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Contractor No. of corrections Executive Engineer
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