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MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking) Contractor Executive Engineer 1 Name of Work :- M & R to Water supply @ Old Jalna Indl. Area.. Deepening of existing open wells with taking bore in Old Jalna I/A.... Sr. No. Particulars Page No. From To 1 Tender Notice 3 4 2 Detailed Tender Notice 5 6 3 Scope of Work 7 7 4 Direction to the tenderer for filling the tender 8 10 5 Special Directions to the Tenderer & Stamp Duty Clause. 11 11 6 Additional Contract Conditions. I,II,III 12 16 7 Additional Terms and conditions Registration Under Labour Contract Act.-1971. 17 17 8 Special Instructions to the Tenderer (VAT Tax) 18 18 9 Special Condition 19 19 10 Service Tax Clause 20 20 11 Terms & conditions for the reimbursement of taxes & duties. 21 21 12 Clause For Labour Cess 22 22 Clause for Addl. Security Deposit 23 23 13 Price Variation Clause 24 28 14 Condition for Royalty charges for Material such as Rubble, Metal, Murum etc. 29 29 15 Cement Variation & Standard Cement consumption 30 37 16 Terms & condition Cement & Steel 38 38 I N D E X

I N D E X [cms.midcindia.org]cms.midcindia.org/Lists/TenderDocumentsList/Attachments/15854/B-1... · 9 Special Condition 19 19 ... 19 Declaration by Contractor 40 40 ... Undertaking

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MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 1

Name of Work :- M & R to Water supply @ Old Jalna Indl. Area.. Deepening of existing open wells with taking bore in Old Jalna I/A....

Sr. No.

Particulars Page No.

From To

1 Tender Notice 3 4

2 Detailed Tender Notice 5 6

3 Scope of Work 7 7

4 Direction to the tenderer for filling the tender 8 10

5 Special Directions to the Tenderer & Stamp Duty Clause.

11 11

6 Additional Contract Conditions. I,II,III 12 16

7 Additional Terms and conditions Registration Under Labour Contract Act.-1971.

17 17

8 Special Instructions to the Tenderer (VAT Tax)

18 18

9 Special Condition 19 19

10 Service Tax Clause 20 20

11 Terms & conditions for the reimbursement of taxes & duties.

21 21

12 Clause For Labour Cess 22 22

Clause for Addl. Security Deposit 23 23

13 Price Variation Clause 24 28

14 Condition for Royalty charges for Material such as Rubble, Metal, Murum etc.

29 29

15 Cement Variation & Standard Cement consumption

30 37

16 Terms & condition Cement & Steel 38 38

I N D E X

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 2

Sr. No. Particulars

Page No.

From To

18 Undertaking for Guarantee 39 39

19 Declaration by Contractor 40 40

20 Undertaking Given by the Contractor for Non-Employment to Ex-Employee of M.I.D.C.

41 41

21 Condition relating to Insurance of Contract Works

42 42

22 B-1 Tender form 43 76

23 Schedule – B. 77 78

24 Item wise Specifications 79 83

25 Drawings.

The contractors are requested to verify the contents of the

tender documents as per above Index and if missing of any page be

brought to the notice of Executive Engineer.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 3

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 4

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 5

DETAILED TENDER NOTICE NO. 04 OF 2013 - 2014.

Sealed tenders “B-1” form are invited by the undersigned for the work

mentioned below from the civil contractors registered with PWD Govt. of Maharashtra or

with MES, Railways, CPWD, MJP CIDCO in appropriate class.

1. Name of Work M & R to Water supply @ Old Jalna Indl. Area … Deepening of existing open wells with taking bore in Old Jalna I/A.

2. Estimated Cost Rs. 7,00,539.00

3. Class of Registration Class VII th & Above

4. Type of agreement B-1 Tender form

5. Earnest Money Rs. 7,100/- by Demand draft drawn on any Nationalized / Schedule bank only or exemption certificate issued by MIDC.

6. Cost of Blank tender Rs. 1000/-

7. Security Deposit

a) Initial 3% security deposit by demand draft of nationalized / Schedule bank payable at Aurangabad (On estimated cost or tendered cost whichever is higher)

Rs. 21,300/-

b) Balance 5% security deposit shall be recovered through Running Account bills

Rs. 35,500/-

8. Time Limit 04 ( Four ) calendar months from the date of placing work order (including Monsoon)

9. Date of uploading of tender document 09/05/2013

10. Period of down loading the tender documents

10/05/2013 to 24/05/2013

11. Last Date of submission of tender in the office of the Executive Engineer, MIDC, Civil Division, Aurangabad, / Superintending Engineer, MIDC, Circle Office, Aurangabad “Udyog Shakti” Building, Railway Station Road, Aurangabad./ Chief Engineer office, Nanded.

29/05/2013 upto 11.00 hrs.

12. Date of opening of tender in the office of the Executive Engineer, MIDC, Civil Division “ Udyog Shakti” Building, Railway Station Road, Aurangabad.

29/05/2013 @ 14.30 hrs. ( If possible)

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 6

13. Compensation for delay in work completion

Rs. 500/- per day

14. Validity of the offer (from the date of opening of the tender)

180 days

The intended tenderers are requested to down load the tender documents

which will be available on the website of MIDC www.midcindia.org. from 10/05/2013

@ 14.00 hrs. onwards. The tenders should be submitted in 2 envelopes system which

shall be filled and be submitted. The tenderers shall not make any change in the tender

script, if found so, the tender will be summarily rejected.

If the Demand draft towards cost of tender (Non-refundable), EMD is not

found in the 1st envelope, then price bid of the tenderer will not be opened.

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

is reserved by the MIDC.

The tenders should be submitted in the office of the Executive Engineer,

MIDC, Civil Division, Aurangabad, / Superintending Engineer, MIDC, Circle Office,

Aurangabad “Udyog Shakti” Building, Railway Station Road, Aurangabad./ Chief

Engineer office, Nanded. on due date and time through RPAD / reputed courier service

OR Hand delivery of the tender will be accepted. Any Delay in the submission of the

tender will be on the contractor’s account and MIDC will not be responsible for the same.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 7

SCOPE OF WORK

Name of work: - M & R to Water supply @ Old Jalna Indl. Area..

Deepening of existing open wells with taking bore in Old Jalna I/A.

MIDC has developed Old Jalna Indl. Area which is located just adjacent to Jalna

city on Jalna – Deulgaon Raja Highway road. MIDC provided all infrastructural facilities

like Road, Street Light & Water Supply in this Industrial area.

The Scope of work includes dismantling & re fixing of MS Jali cover, removal of

Sludge and Deepening of Open well along with taking bore after deepening. Installation &

commissioning of pumps.

While deepening, contractor should give sufficient support to vertical walls of

existing open well & circular wall so that existing well should not slide or collapse during

execution. The contractor will be solely responsible for any mishap or accident occurred

on the site during execution period. The contractor should apply all security measures on

site during execution.

Contractors are requested to visit the site of work before quoting the offer.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 8

DIRECTION TO TENDERER FOR THE FILLING TENDER

The tender documents are made available on the web site and Tenderers are

requested to down load entire tender documents from the website and submit the tender

to MIDC. The Tender shall be received in two envelopes. The first envelope should

contain the demand draft for EMD, Demand Draft for cost of the Tender. If demand draft

towards the cost of tender (Non Refundable) and the EMD is not found in first envelope,

then the price bid ( IInd Envelope) of the tenderer shall not be opened.

It should be noted by the tenderers that the tender duly down loaded from website

should be filled and submitted. No. change should be made in the tender script by the

tenderer and if after submission of the tender, it is noticed that the tender script is

modified or any change whatsoever is made in the tender document, the tender

submitted will be summarily rejected.

The tenderer shall duly sign and complete the prescribed form.

Every page of the tender documents including specifications, drawings, every

correction, deletion or addition and every slip pasted etc. shall be signed by the Tenderer.

The tenderer should quote the percentage in words and figures.

Tenderer shall quote the rate in the B-1 form (Memorandum sheet) where the

percentage in words differs from the percentage in figures; the lowest of the two shall be

taken as correct percentage.

The Tenderer should carefully note the unit of each item. No change in

this unit shall be made. In case of any doubt, the intending Tenderer should refer the

matter to the Executive Engineer and get necessary clarification.

Out of multiple bids submitted by a bidder, the best in the interest of MIDC,

amongst these bids, shall be considered for evaluation of offers.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 9

Following documents shall be enclosed to the tender in Envelope No.1&2.

ENVELOPE NO.1:

1. Demand draft for EMD Rs. 7,100/- drawn on any nationalized / Schedule

Bank payable in favour of Executive Engineer, MIDC, Civil Division , Aurangabad or

Exemption certificate of EMD issued by MIDC.

2. Demand draft for cost of Tender form Rs. 1000/- (Non refundable) drawn

on any nationalized / Schedule Bank payable in favour of Executive Engineer, MIDC, Civil

Division, Aurangabad.

3. True copy of valid registration certificate in appropriate class with PWD,

Govt. of Maharashtra, MES, CPWD, Railways, MJP, CIDCO duly attested by Gazetted

Officer.

4. Undertaking for non-employment of Ex-employee of MIDC in form provided

by MIDC only shall be furnished by the contractor else envelope No.2 shall not be

opened.

5. Payment of initial security deposit condition if any. As regards initial

security deposit, in case contractors desire to pay the same in the form of Bank

Guarantee in such case contractor should specifically submit his intention in envelope

No.1 otherwise S.D. shall have to be paid in the form of DD only.

6. Valid copy of registration under VAT Act.2002.

7. Photo Copy of PAN Card

8. Professional Tax certificate/ Clearance Certificate

Note : If the Earnest Money Deposit and cost of Tender is not paid in prescribed form

as stipulated in the tender notice, in the form of D.D./Exemption certificate and copy of

valid registration in appropriate class are not enclosed in envelope no. 1, the main tender

document submitted in envelope-2 shall not be opened at all and the offer shall stand

rejected outright.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 10

ENVELOPE NO.2

1. The B-1 tender form duly filled in and singed each and every page without any

condition. Conditional offer will be rejected out right.

If the above documents are not submitted in the 2nd envelope, then tender will be

rejected, which may please be noted by the tenderer. The tenders submitted after due

date, and time mentioned in the tender notice shall not be accepted at all.

No documents which disclose the offer quoted for the work be enclosed in the

envelope No.1

PAYMENT OF E.M.D.

i) The earnest money deposit as declared in detail tender notice shall be paid fully in

the form of Demand Draft. If the Earnest Money Deposit is not found as per tender

notice, the offer of the contractor placed in 2nd envelope shall not be opened and the

tender is liable for rejection out-right.

ii) The payment of EMD and/or initial security deposit shall be made in the form of

demand draft, and the D.D. shall be drawn on any Nationalized / Schedule Bank only in

the name of the Executive Engineer, MIDC, Civil Division, Aurangabad duly crossed.

iii) The contractor who have been exempted by MIDC from making payment of

earnest money deposit, need not pay the earnest money deposit along with the offer.

However the copy of such valid exemption certificate shall be enclosed in the first

envelope.

iv) The E.M.D. in other form is not acceptable and in absence of proper earnest

money deposit, tender is liable to rejection out-right.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 11

SPECIAL DIRECTION TO THE TENDERER

All the contractor are requested, to note the following conditions carefully

while offering their rates.

1) Initial Security Deposit is required to be paid by the contractor, and the same

shall be paid in the form of Demand Draft. Initial Security Deposit will not be accepted in

the form of fixed deposit receipts.

2) The initial Security Deposit, should be paid by the Demand Draft by the

contractor at the time of execution of agreement and remaining amount shall be

recovered through Running Account Bills.

Work contract , that is to say a contract for works and subsequent security deposit

at 5% to be recovered from contractor shall be calculated on estimated cost put to tender

or tendered cost whichever is higher.

a) Where amount or value set forth in such contract does not exceed rupees ten lakhs

One hundred.

b) Where it exceeds rupees ten lakhs One hundred rupees plus one hundred rupees for every Rs. 100000/- or part thereof above Rs ten lakhs, subject to the maximum of Rs. 500000/-

The necessary help will be extended in this respect for procuring the adhesive stamps

from the stamp office. The Bank Guarantee will only be accepted on Nationalised /

Schedule Bank issued by the competent authority.

3) The successful contractor will have to enter in to B-1 Agreement on the fresh

printed copy of this work specially preserved for entering in to agreement. The

original offer documents submitted by the contractor will be preserved & kept on record.

Initial Security Deposit at 3% and subsequent security deposit at 5% to be recovered from contractor shall be calculated on estimated cost put to tender or tendered cost whichever is higher .

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 12

ADDITIONAL CONTRACT CONDITIONS-I

1. The Contractor shall employ an authorized all time agent on this work

capable of handling and guiding the work and understanding the Specifications. He shall

take orders as will be given by the Executive Engineer or his representatives and shall be

responsible for carrying them out. This agent shall not be changed without prior intimation

to the Executive Engineer and his representative on the work site.

2. The contractor shall take all the precautions during the execution of work

so as not to cause any damage to any property and shall be responsible to make it good

as directed.

3. The Contractor should make his own arrangement of water required for

work and other purposes at his own cost. If possible the water supply will be made

available at a single point at the prevailing Industrial Water Rate.

4. Quality Audit :- Quality audit shall be done after completion of 80 % work

by the competent authority. The contractor shall have to comply all the objection raised

by the quality auditor without any extra cost.

5. If in the opinion of the Engineer-in-charge any building material brought by

the contractor is defective, improper, unsuitable or not as per the specifications the same

shall be removed within 24 hours from the receipt of the written instructions from the

Engineer-in-charge, otherwise the same shall be disposed off by the department at risk

and cost of the contractor and no claim shall be entertained on this ground.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 13

ADDITIONAL CONTRACT CONDITIONS-II COMMON CONDITIONS :-

1.1 Extra charges for any item of work shall not be allowed unless the work to

which it relates is clearly without the spirits and meaning of the Specification or unless

such work ordered in writing by the Engineer-in-charge and are claimed for in the

specified manner before the work is taken in hand.

1.2 The contractor shall bear all the expenses for making all necessary

provisions for housing, water supply and sanitary arrangements for his employees and

shall pay directly to the concerned authorities, all rates, taxes, royalties and other charges

to the Health Department of the concerned Municipality.

2. MATERIALS :-

2.1 Unless otherwise specifically provided for whether in the item or in the Schedule

“A” or in Specifications for supply of the materials by the Department, all item in the

tender are inclusive of the cost of all material. The material as are not stipulated to be

supplied by department as per Schedule “A” shall be provided by the contractor of

approved type and make only.

2.2 All the materials used in the work shall be of quality as per samples got previously

approved and any materials rejected shall be removed by the contractor from the site of

work within 24 hours failing which the same will be got removed by the department at his

cost.

2.3 The contractor shall have to use departmental material if supplied by department

at the rate mentioned in Schedule “A”. The materials so supplied shall be used for the

work in tender only. The contractor shall maintain a regular account of the receipt and the

use of such materials to the satisfaction of the Engineer-in-charge and submit monthly

statement thereof. He shall keep the account of such material in suitable books, which will

be available for the inspection to the Engineer-in-charge whenever, demanded. The

contractor will be responsible for a proper handling and safe custody of all materials

delivered to him by the department.

He shall make a proper and economic use of all materials supplied by the

department whether free of cost or on payment for utilization in the execution of the

contract.

All the surplus materials from those supplied by the department to the contractor

free of charge shall be returned to the department at places as directed and if any

shortages are noticed or found in damaged or unserviceable condition the cost thereof as

fixed by the Executive Engineer will be recovered from the contractor. All the surplus

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 14

materials from those supplied by department on payment shall neither be disposed of nor

removed by the contractor without obtaining permission of the Engineer-in-charge to that

effect as the Engineer-in-charge shall have the option to take over of such surplus

materials at the issue rates.

2.4 The contractor shall give at the time of taking delivery receipts for all the materials,

pipes and specials etc. issued to him when those issued free of cost to the safeguard

specially against wrong debit being raised by the contractor.

2.5 The contractor should not be entitled to claim compensation from the department

on account of delay by the department in supply of materials entered in Schedule “A”.

In case of such delay the department shall however, grant such extension of time

limit for the completion of work as may appear reasonable to the Engineer-in-charge and

his decision shall be final and shall be accepted by the contractor.

3. WORKS :-

3.1 The contractor shall have no claim for compensation on account of reasonable

variation in the depth of foundations for trenches.

3.2 Any Item not covered in the Schedule “B” of this tender but required to be executed shall be carried out by the contractor at the MIDC schedule of rates or the rate approved by the competent authority if the item are not found included in the schedule. for which prior written order should be obtained without which the item so executed shall not be paid for.

3.3 The layout of all the work shall be marked by the contractor on site with permanent pillars as directed. The necessary levels shall be given by the MIDC officials. The contractor must however provide the necessary labour and materials for making out the ground and keep all the references levels and lining pegs sealed in cement concrete and execute the work in accordance with those levels for which he shall be responsible through out the whole period of the contract. Few Bench mark pillers to be connected with Departmental Bench marks will be constructed by the contractor at the site of work.

4. CARTING :-

4.1 The contractor shall provide his mode and conveyance for carrying for pipes,

specials and other materials required for the execution of the work.

4.2 The contractor shall provide diversion to the affected existing road, if required, as

directed by the Engineer-in-charge at his own cost.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 15

5. TIME LIMIT :-

The time limit for the completion of work covered shall be 04 calendar

months from the date of work order inclusive of Monsoon.

6. GENERAL :-

6.1 The contractor shall be deemed to be thoroughly conversant with the local

condition such–as-the availability of all construction materials, skilled and unskilled labour

and to have based his rates accordingly for this work. He shall be deemed to have

carefully studies at all the specifications and drawing and followed them before the

submission of his tender.

6.2 In case of any discrepancy between the type of working drawings on one hand

and the working of the corresponding item and specification thereof as per the contract,

the letter will be deciding for the purpose of actual execution of items. However, the

Executive Engineer decision should be obtain in the matter before hand. For a composite

item any higher specification are to be adopted for any component as a result than

specified in the item and specification therefore, extra rate will be payable. No. major

deviations involving substantial extra quality will be made without the prior approval of the

Superintending Engineer.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 16

ADDITIONAL CONTRACT CONDITIONS-III

1. A work order book shall be maintained by the MIDC officials on site / or in the

office of the Division and Sub-Division under it. The contractor will sign orders given there

in by the Executive Engineer, his representative and his superior officers and will comply

them. For this purpose, the contractor or his authorized representative shall have to

attend the site and / or said office daily for receiving instructions.

2. The contractor shall provide free of charge all labours and materials required for

work included in this tender. He will have to provide such aids as decided by the

Executive Engineer as are considered necessary for the purpose and systematic

execution of the work.

3. Orders issued by the Engineer-in-charge from time to time regarding the conduct

of the work shall be binding on the contractor.

4. The quantities specified in the contract are only approximate and may vary, on

either side.

5. It shall be the contractor’s responsibility to inspect and investigate the work sites

thoroughly so as to arrive at the rates quoted in the tender. In this regard necessary

information available with the department will be given to him without any guarantee

about it’s full proof ness.

6. The contractor has to clear road land width, including cutting trees less than 30

cm. In girth, cleaning brush wood, loose stones vegetation, bushes, stumps and mole bills

without any extra cost.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 17

ADDITIONAL TERMS AND CONDITIONS.

REGISTRATION UNDER CONTRACT LABOUR ACT. 1971. If the work is awarded to the contractor by MIDC, the contractor should

note that the contractor should produce the certified copy of the registration in prescribed

form issued by the Labour Commissioner under Contract Labour Act, 1971. as an

employer, as long as they are directly employing the workers for execution of the

contract works awarded to them by MIDC and comply with the provisions of the Act. After

acceptance of tender by MIDC the contractor shall give intimation about work order and

get this particular work registered within a period of fifteen days from the date of issue of

work order, from Labour Commissioner under Contract Labour Act-1971 failing which no

permission shall be granted to continue further work under this agreement.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 18

SPECIAL INSTRUCTIONS TO TENDERERS

Sub.:- Introduction of Works Contract Tax clause under VAT in the B-1/B-2 & C Contracts.

“Works contract Act under Maharashtra Value Added Tax Act 2002

1) The tendered rates shall be inclusive of all taxes, rates & cesses & shall also be

inclusive of the tax leviable in respect of works contract under the provision of the

Maharashtra Value Added Tax Act, 2002.

2) The contractors who submit the tenders should necessarily be a Registered

Dealer under the Maharashtra Value Added Tax Act, 2002.

3) The contractor shall submit the Registration Certificate as a registered dealer

under the Maharashtra Value Added Tax Act, 2002 at the time of submission of tenders

or at the time of issuing the work order.

4) MIDC will deduct this tax at source at 2% (for registered dealer) & 4% ( in any

other case) of the value of work done as per section 31 of Maharashtra Value Added Tax

Act, 2002 & Notification No.VAT-1505/CR-123 Taxation-1 Dt.1/4/2005. TDS Certificate to

this effect will be issued by MIDC.”

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 19

SPECIAL CONDITION

The Contractor is hereby requested to note scrupulously that the

responsibility of careful storage and safe custody of any type of material supplied by him

at worksite vide the Scheduled items for supply of material in items Schedule B, solely

rests with him upto the satisfactory laying, jointing, erecting or fixing of materials or

whatever may be the use as per job requirements, upto the completing/ commissioning of

the work as a whole. The Contractor shall specially note that all the materials required for

a job shall be supplied and used at work site only and not at departmental store.

The contractor shall be held responsible for any structural damage and

theft of the materials supplied by him at work site upto the completion of job and

commissioning of the job. Any loss due to damage / theft of material supplied etc. shall

be made good by recovering the amount to that extent from the contractor through the

next bills or from any dues payable to him by M.I.D.C. or as a Revenue Recovery.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 20

SERVICE TAX CLAUSE.

1. The tendered rate shall be inclusive of all taxes, rates & cesses &

shall also be inclusive of the tax liable in respect of service Tax

under the provision of Service Tax Act.

2. The contractors who submit the tenders should necessarily be

registered under the service Tax Act, if he is providing services

covered under Service Tax Act.

3. The successful tenderer shall himself be liable / responsible to pay

the Service Tax with education cess thereon to concerned

government authority directly ( after receiving the payment ) as per

the prescribed rate declared by concerned government authority

time to time & within the prescribed period as per Service Tax Act.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 21

TERMS AND CONDITIONS FOR THE REIMBURSEMENT OF TAXES / DUTIES

While submitting the tender, the contractor shall consider prevailing taxes and

duties on the date of submission. In case there is statutory increase in the taxes / duties,

the contractor shall submit documentary evidence for the payment of the same. On

verification of the documents, the reimbursement will be made if there is increase. In case

there is reduction in the statutory taxes, duties, deduction will be effected. It may also be

noted that this clause is not applicable if there is increase in the Octroi during execution of

the work.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 22

CLAUSE FOR RECOVERY OF LABOUR CESS :

‘ The Govt. of Maharashtra vide its decision dated 17/06/2010 has decided

to recover Labour cess on all the construction works undertaken by Govt., Public sector

undertaking and Municipal Corporation, Municipal Councils Gram Panchayat etc. The

contractors are therefore requested to note that labour cess at 1% of the cost of

construction ( excluding land cost ) arrived at after deducting amount of compensation if

any paid to the workers or their relatives under workers compensation Act 1923 will

recovered from them. The recovery of labour cess at 1% shall be made from the payment

due for each bill to be paid to the contractor’.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 23

CLAUSE FOR RECOVERY OF ADDITIONAL SECURITY DEPOSIT

A) Clause for Recover of Additional Security Deposit in case tenders

ACCEPTED more than 15% below.

The tenderer shall note that, in case the tender is quoted and accepted more

than 15% below then the additional security deposit shall be recovered in the form of

cash at the time of execution of agreement.

The recovery of additional security deposit shall be as detailed below :

Sr. No.

Offer received Below Additional security deposit to be recovered.

1) For offer between 15.01 %

upto 20 % below

1 % of estimated cost.

2) For offer between 20.01 %

upto 25 % below.

2 % of estimated cost.

3) For offer more than 25.01%

below.

3 % of estimated cost.

B) Clause for Recovery of security deposit for quantities Exceeding 125% and

Extra item Rate List ( EIRL) :

It shall also be noted that security deposit for the quantities exceeding 125% of

tendered quantities and / or EIRL shall also be deducted at the % to be recovered

through bills ( i.e. in cash ) as mentioned in the tender text.

C) Refund of above Security deposit :

The security Deposit so recovered in above events shall be refunded after

satisfactory completion of defect liability period.

----------

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 24

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 center as per the Labour Gazette published by the commissioner of Labour,

Government of Maharashtra and / or in the whole-sale Price Index for all commodities

prepared by the Office of Economic Adviser, Ministry of Industry Government of India, 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

I. Labour Component

II. Material Component,

III. Petrol, Oil and Lubricants Component

IV. Bitumen Component

V. HYSD & Mild Steel Component

VI. Cement Component

VII. 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 : (45 % )

2) Material component – K2 : (52 % )

3) POL Component - K3 : (3 % )

4) Bitumen Component : Actual

5) HYSD & Mild Steel Component : Actual

6) Cement Component : Actual

7) C.I. and D.I. Pipes Component. : Actual

8)

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.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 25

1. Formula for Labour Component

V1 = 0.85 P [ K 1 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. ) K1= Percentage of labour components as indicated above.

L0 = Basic consumer price index for Mumbai Center shall be average consumer price index for the quarter preceding the month in which the last date prescribed for receipt of tender falls. L1 = Average consumer Price Index for Mumbai Center for the quarter under consideration . 2) Formula for Material Components

V2 = 0.85 P [K2 x [ M1 – M0 ]

100 M0 Where… V2 = Amount of price variation in Rupees to be Allowed for Material Component.

P = Same as worked out for labour component.

K2 = Percentage of material component is indicated above.

M0 = 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 of tender falls.

M1 = Average whole sale 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.

K1 = Percentage of Petrol, Oil & Lubricant component.

P0 = Average price of HSD at Mumbai during the quarter preceding the month in which the last date prescribed for receipt of tender falls.

P1 = Average price of HSD at Mumbai during the quarter under consideration.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 26

4) Formula for Bitumen Component

V4 = QB (B1 – B0 ) V4 = Amount of price variation in Rupees to be allowed for Bitumen Component.

QB = Quantity of Bitumen (Grade …) in metric tones used in the permanent works and approved enabling works during the quarter under consideration.. B1 = Current, average ex. refinery price per metric tone of Bitumen (Grade ) under consideration including taxes (Octroi, excise, sales tax) during the quarter under consideration. B0 = Basic rate Bitumen in rupees per metric tonne as considered for working out value of P or average ex-refinery price in rupees per metric tonne 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 & Mild Steel Component

6) Formula for Cement Component

V6= CO [ CI 1 – CI 0 ]

CI 0

x T

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

C0 = Basic rate of Cement n rupees per metric tonne 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 as per RBI Bulletin for the quarter preceding the month in which the last date prescribed for receipt of tender falls.

T = Tonnage of Cement used in the permanent works for the quarter under consideration.

V5 = S0 x (SI 1 – SI 0 )

SI 0

x T

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.

SI 0 = Average of steel index as per RBI Bulletin for the quarter preceding the month in which the last date prescribed for receipt of tender falls..

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

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 27

7) Formula for C.I. / D.I. Pipe Component

V7= Qd x ( 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 rupee per tonne considered for working out value of P D1 = Average Pig iron price in rupees per tonne during quarter under consideration (Published by II SCO). Qd = Tonnage of C.I. /D.I. pipes used in the works during the quarter under consideration.

The following conditions shall prevail : 1) The operative period of the contract shall means the period commencing from the

date of the work order issued to the contractor and ending on the date on which

the item allowed for the completion of the works specified in contract for work

expires, taking into consideration the extension of time. If any, for completion of

the work granted by the Engineer under the relevant clause of the conditions of

contract in cases other than those where such extension is necessitated on

account of default of the contractor. The decision of the Engineer as regards the

operative period of the contract shall be final and binding on the contractor.

Where any compensation for liquidated damages is levied on the contractor on

account of delay in completion or inadequate progress under the relevant

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 Li,

M1, C1, P1, B1, SI1 and CI1 to the levels corresponding to the date from which

such compensation is levied.

2) This price variation clause shall be applicable to all contracts in B1/ B2 & C form

but shall not apply for piece works. The price variation shall be determination

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

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

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

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

form B1/B2 respectively. Since the rates payable for extra items or the extra

quantities under clause 38/37 are to be fixed as per 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

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 28

clause 38/37 of the contract form B1/B2 extends beyond the operative date of the

DSR then rates payable for the same beyond the date shall be revised with

reference to the current DSR prevalent at that time on year basis or revised in

accordance with mutual agreement thereon, as provided for in the contract

whichever less.

4: This clause is operative both ways, i.e. if the price variation as calculated above is

on the plus side, payment on account of the price variation shall be allowed to the

contractor and if it is on the negative side, the government shall be entitled to

recover the same from the contractor and the amount shall be deductible form any

amounts due and payable under the contract.

5: To the extent that full compensation for any rise of 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.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 29

CONDITION FOR ROYALTY CHARGES FOR MATRIAL

SUCH AS RUBBLE, METAL, MURUM ETC.

“ The road and building contractor must produce official receipt indicating

from which quarry the material ( Rubble, Metal, Murum, Sand ) have been

brought and they should see that the materials ( Rubble / Metal / Murum /

Sand ) are brought from officially permitted quarries only”.

Payment of royalty for Rubble, Metal, Murum Sand is the responsibility of

the contractor & he should furnish the undertaking on stamp paper worth Rs.

100.00 duly certified by the Notary or by the Taluka Magistrate, stating in

that he will fully responsible for making the payment of royalty to the Govt. of

Maharashtra & in any case MIDC will not be held responsible for any

consiquences if arises

An amount equal to the royalty charges payable for the material used for

work will be deducted and kept in deposit from running bills. The amount

kept in deposit will be paid to the contractor on production of verified

documentary evidence of payment of royalty charges to the Govt. of

Maharashtra. Later on no any sol of the contractor will be entertained &

decision of MIDC shall be final & binding to the contractor

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 30

C E M E N T 1. The ordinary Portland cement of 43 Grade shall confirm to relevant IS

with latest amendments if any. 2. The cement shall be in the form of HDPE bag and contents of each bag shall be 50 kg. 3. The contractor should produce test certificate of manufacturer. The

cement of each lot or load shall be tested by the contractor in the Government laboratory or Government approved laboratory and shall produce test certificate to the department and the test shall be conforming to relevant IS.

4. The cement shall be of 43 Grade and the approved makes shall be of

(i) Ultra-tech ( ii) Ambuja, (ii) Narmada, (iv) Birla, (v) Manikgarh, (vi) Rajashree, (vii) Modi, (viii) Coromandel, (ix) Grasim (x) Vasavdatta.

5. No claim shall be entertained for increase in price or no deduction will be

made for decrease of prices. However secured advances as per the MIDC’s standard practice will be granted.

6. The cement brought by the contractor will be got tested by the Contractor

from Govt./ Semi Govt. Laboratory before it is used on work and if it is found to be according to relevant IS-8112 of 1989 then only be allowed to be used, otherwise it will be rejected. The results of tests so obtained shall be final and binding on the contractor over and above the test certificate of manufacturer.

7. The contractor will have to submit certified copies of bills from the

authorized Dealer of the above mentioned company’s for the purpose of the cement required for the work within 3 days from the date of receipt of cement on site.

8. The contractor will be fully responsible for the proper storage handling

and use of the cement required for the work. No claims on account of loss due to wastage, damages and other reasons whatsoever shall be entertained by the Department.

9. The RCC cube constructed out of supplied cement shall be tested for

compressive strength on 3rd, 7th and 28th days and results be observed on base line result requirements. The testing charges for all the tests on cement , CC cubes , etc. will be borne by the contractor himself.

Note:— Necessary challans obtained from the authorized Dealers / Firms from whom the cement / steel is purchased , should be submitted to the Deptt. for the entire quantity of purchase.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 31

GENERAL SPECIFICATIONS - I 1. Materials : A) Cement: Unless otherwise specified, 43 grade ordinary Portland cement, slow setting quality, conf.to latest relevant IS, of the brand approved by Exe.Engineer shall be used. It shall be got tested as per IS at the lab specified by MIDC at contractor's cost before it is used on the work. Test report shall be submitted to MIDC. B) Sand: Sand shall be clean & gritty composed of hard siliceous grains & shall be free from clay or any organic materials. All sand shall pass through a mesh 3 mm. If there is any trace of earthly matter, sand must be washed. C) Aggregate: The aggregate shall consist of graded broken stone, sound, hard & durable, so as to pass through a 25 mm. mesh. The size shall not vary as far as possible. All aggregate must be perfectly cleaned & should be washed if necessary & free from sulphur. No lime stone shall be used. 2. Centering: The term centering shall include all forms, moulds, shuttering plates, poles, shores, strutting & uprights & all other temporary supports for the concrete to be laid. The centering shall be of such dimensions & so constructed as to remain rigid during the process of laying, curing, tamping & setting of the concrete. Joints must be watertight so as to prevent the leakage of liquid cement. Centering must be so arranged that the portion below the slab can be removed first then sides of beams & finally those below the beams. All faces which will come in contact with concrete in beam must be plained or smoothened sides. 3. Mixing of concrete: Unless otherwise stated concrete should be batched in a mixer. Concrete shall be mixed in proportion as specified in the item or detailed itemwise specification. If allowed in writing in case of hand mix 5% extra cement is to be used & the concrete must be thoroughly mixed atleast 3 times in dry state, before water is added as far as possible. The mixture shall always be brought to the same degree of wetness. A fairly wet mixture must be used, particularly for beams. Concrete must be mixed on water tight platforms, sufficiently large to allow two heaps being mixed simultaneously. The crushing strength shall be as per 100 kg/Sqm for M-100 for M-100 concrete and 150 kg / Sqm for M-150 grade concrete and so on. If the work test is found to be of lesser strength then necessary deductions shall be made in the rate for that quantity proportionately. Water Cement Ratio: The proportion of water should be as per IS:456-2000 or its amended version. 4. Placing of Concrete: Before any concrete is put in position centering must be well watered to prevent it sucking up too much moisture from the concrete. The concrete shall be placed in its final position in work as soon as possible after mixing & care must be taken to place it gently in position & not to drop it from a height. It must be well tamped & vibrated with mechanical vibrator till the cement creams the surface, care being taken to see that steel reinforcement is thoroughly surrounded by the liquid concrete & that no voids or cavities are left. The concrete shall be continuously watered & kept damp for 21 days after placing in position.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 32

5. Stopping & Recommencing work: As far as possible when concreting is once commenced, it must be carried out without stoppage until the jobs is completed. If however stopping of concrete placing is unavoidable the break should be at right angles to direction of the span. On no account must a joint be made towards the end of the beam or slab. Wherever a stop has been made in laying the concrete the surface of the existing concrete must be carefully brushed with a stiff brush before recommencing the work to remove loose particles & dust. A thick grout of neat cement should be poured over the edge before the new concrete is tamped against it. Where the concrete work should be stopped shall be decided in advance by the Executive Engineer & shown properly on plan. 6. Striking centering: Under the ordinary circumstances the centering of the sides of beams & under the slab may be removed as per following conditions.

a) Vertical sides of slabs, beams & columns. : 48 hours.

b) Bottom of slabs below 4.6 M. span : 7 days.

c) Bottom of slabs above 4.6 M. span : 14 days.

d) Bottom of beams upto 6.6 M. span : 18 days.

& arch bottom upto 20 ft. span

e) Bottom of beams over 6.6 M. span : 21 days.

For rapid hardening cement 5/7 th of the above period will be sufficient in all cases except vertical sides of slabs, beams & columns which should be retained at least for 24 hrs. 7. Finish of floor & Roofs: The soffits of all slabs & soffit & sides of all beams shall be finished with neeru plaster & whitewash of two coats. Plaster & whitewash shall be paid under relevant item. 8. General Workmanship: This should comply with Cl.No.7 of IS:250-1965. 9. General: The size mentioned on the plans & estimate are of concrete actually to be cast in forms & shall be paid accordingly & nothing extra shall be paid for the additional thickness due to finishing etc. 10. Work should be carried out as per Std. Spcf. Book of B&C Dept, 1972 edtn & relevant ISS. The Spcf.no/pg.no.of Std. Spcf. Book of B&C Dept, 1972 edition for few general items are as follows

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 33

GENERAL SPECIFICATIONS - II

For General Specifications of Materials and other details refer to Books of “Standard Specifications” of B & C Department - 1965 Edition (Government of Maharashtra)

Sr. No. Materials Specification No. Page No.

1. Cement A - 2 5 & 6

2. Neeru A - 4 6 & 7

3. Water A - 5 7

4. Fine Aggregate A - 6 7,8,9

5. Coarse Aggregate A - 7 9 & 10

6. Stone for Masonary A - 8 10, 11

7. Bricks A - 9 11, 12

8. Mild Steel for Reinforcement A -10 13

9. Structural Steel A -11 13, 14

10. Timber A - 16 16,17, 18,19

11. Oil Paint and Ready

mixed paints A -17 19,20

12. Plain C.C. Bd.F. 217- 275

13. R.C.C. Bd. F. 277 - 294

14. Water Proofing Bd.F. 277 - 294

15. Wood finishing Bd.N 381 - 384

16. Oil Painting Bd.O. 385 - 391

17. Color Wash White wash

and distempering Bd.P 393 - 398

18. Glaxiars Work Bd.S 445 - 448

19. Excavation Bd.A 243 - 249

20. Plastering and pointing Bd.L 347 - 355

21. Paving Floor finishing Bd.M 357 - 380

22. Doors and Windows Bd.I 449 - 485

23. Iron work Bd.U 497 - 500

24. Water Supply Sanitary Bd.V. 501 - 531

25. Bricks Works Bd.G. 295 - 308

26. Stone Masonary Bd.H 313 - 329

27. Wood Works Bd.Q 399 - 420

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 34

CEMENT VARIATION CLAUSE

The permissible Variations in cement consumption for item one to

seven shall be as per Standard Cement Consumption statement attached

separately. For rest of the items, permissible Variation should be +/- 5 % of

figures given in statement. If the actual consumption of any work is beyond

these limits, reduced rate shall be paid for any item of work on which less

cement has been used, beyond limit of – 5 %, a panel recovery be made for

excessive and wasteful use of cement. If consumption goes beyond 5% rate

of recoveries from the contractor should be at Rs.5600/- per tone of cement

saved by him or used in excess, beyond the permissible range as stipulated

above.

The contractor would either be paid more / less according to cement

content Variation in the works. The cement consumed in higher mixes than

stipulated when specifically ordered due to change in mix adopted, shall be

supplied free, whereas for cement saved due to adoption of poorer mix,

when so specifically directed by the department, a reduced rate shall be

paid to the contractor the reduction begin equal to the cost of cement saved.

For consumption of excess / less cement used on the work as per cement

variation clause, the standard consumption for cement shall be as per the

table given.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 35

STANDARD CEMENT CONSUMPTION

Name of Work Rate of Cement Remarks

consumption in Lower

Upper bags Limit Limit

A) Cement Concrete (Nominal mix)

1:5:10 (M-5) 2.60 / m3 2.35 2.85

1:4:8 (M-7.5) 3.10/ m3 2.80 3.40

1:3:6 (M-10) 4.10 / m3 3.80 4.40

1:2:4 (M-15) 6.20 / m3 5.90 6.50

1:11/2:3 (M-20) 8.20 / m3 7.90 8.50

1:11/4 : 2 1/2 (M-25) 9.90 / m3 9.60 10.20

B) Cement Concrete (Designed )

M-15 5.90 / m3

M-20 6.90/ m3

M-25 8.50/ m3

M-30 9.20/ m3

M-35 10.20/ m3

C) Brick Masonry II class with 30% mortar

CM - 1:8 1.05 / m3

CM - 1:6 1.40/ m3

CM - 1:5 1.70/ m3

CM-1:4 2.10/ m3

D) 115 mm thick Brick Masonry II Class

CM-1:3 0.28/ m2

The consumption of design

mix cement concrete is

tentative. The minimum

consumption shall be as per

IS: 456-2000. The

consumption as per design

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 36

E) Brick Masonry I Class without pointing with 25% mortar

CM - 1:6 1.15/m3

CM - 1:5 1.40/m3 CM - 1:4 1.70/m3

F) UCR Masonry without pointing with 35% mortar

CM - 1:6 1.70/m3

CM - 1:5 2.00/m3

CM - 1:4 2.50/m3 G) UCR Masonry without pointing with 45% to 50% mortar

CM- 1:6 2.15/ m3

CM - 1:5 2.60/ m3

CM - 1:4 3.10/ m3

CM - 1:3 3.85/ m3

H) Laterite Stone Masonry with 18% mortar

CM - 1:6 0.85/ m3

CM - 1:5 1.00/ m3

CM - 1:4 1.30/ m3

CM - 1:3 1.70/ m3

I) Cement Plaster with Cement Morar 1:3

6 mm 0.07/ m2

12 mm 0.13/ m2

20 mm 0.20/ m2

25 mm 0.25/ m2

40 mm 0.40/ m2

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 37

J) Cement Plaster with Cement mortar 1:4

6 mm 0.06/ m2

12 mm 0.11/ m2

20 mm 0.17/ m2

25 mm 0.22/ m2

40 mm 0.34/ m2

K) Cement Plaster with Cement Mortar 1:5

12 mm 0.09/ m2

20 mm 0.14/ m2

25 mm 0.19/ m2

L) Neat Cement Finish over green surface

1.5 mm 0.04/ m2

M) Pointing with Cement Mortar 1:3

Brick Masonry 0.03/ m2

Stone Masonry 0.05/ m2

N) Paving and Flooring

Shahabad/ Tandur

Kotta/ Kaddapa 1:6 CM

bed and with pointing

bed and with pointing 1:3 0.14/ m2

Skirting & Dado 0.18/ m2

Plain Cement Tiles/

Marble/ Colour mosaic

tiles 0.15/ m2

White / Coloured glazed

tiles 0.22/ m2

Marble stone flooring 0.18/ m2

IPS flooring 0.30/ m2

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 38

TERMS AND CONDITIONS FOR CEMENT AND STEELTO BE

PROCURED BY THE CONTRACTOR.

1. The Contractors, are aware that considerable delay is likely to occur in getting

materials required to be procured and conveyed by rail where such materials are to be supplied by themselves. The Contractors are, therefore, warned to procure their requirements sufficiently in advance to allow for the period usually taken for supply of such materials.

2. Supply of wagons is beyond the control of MIDC. No responsibility can,

therefore, be accepted for the delay which may occur in regards to the materials which will be transported through wagons.

3. All materials except that mentioned in Schedule “A” and to be supplied by

MIDC will have to be procured by the contractors. The department may recommend the application for the licenses and permits for the release of controlled materials. The Department however, does not undertake any responsibility whatsoever on account of difficulties and delays that may involve in connection with the materials for which applications may have been recommended by the department. The contractors shall remain fully responsible for processing all licenses and permits required for collection of materials in proper time. No extension of time limits or claims for compensation shall be entertained by MIDC on account of delays or difficulties that may arise in case of procurement of materials to be arranged by the contractor.

4. The Engineer-in-charge of MIDC shall check the materials before they are used in the work. If the material is not found as per the relevant Indian Standard Specifications, the material will be rejected.

5 All the reinforced bars except 6 mm dia shall be in the form of straight bars.

6. The contractor should make their own arrangements for the storage and proper security of materials procured by them by constructing a pucca shed which should be leakproof and should protect the material against atmospheric effect.

7. All conveyance charges including loading and unloading operations for bringing

the materials procured to the site of work should be borne by the contractor.

8. A regular account of consumption of materials procured by the contractor should be maintained by the contractor, in the form of desired and approved by the Engineer-in-charge and shall be submitted every week / month.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 39

UNDERTAKING FOR GUARANTEE

I / We Guarantee that,

1) I / We will replace, repair free of cost any part of the work which fails to comply

with the specifications or amendments to such specifications as referred in Tender

Specifications attached to the tender.

2) The entire work will be executed and completed as per tender specifications /

conditions of the contract.

3) Entire work will be proved in service to be suitable for the duty required by the

specifications and will have been manufactured and tested in accordance with the

appropriate standard specifications approved by the Engineer-in-charge.

4) We accept and abide by the clauses relating to quality and guarantee of work.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 40

DECLARATION BY CONTRACTOR

I / We hereby declare that I / We made myself / ourselves thoroughly

conversant with the local conditions regarding materials and labour on which my / our

offer is based for the work.

The Specifications, clauses and conditions for this work have been

carefully studied and understood by me before submitting this tender.

I undertake to use only the material approved by the Engineer-in-charge

before starting the work, and to abide by the decision of the Engineer-in-charge.

I undertake to pay the labour engaged on the work as per Minimum Wages

Act and its amendments from time to time applicable to the Zone concerned.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 41

UNDERTAKING GIVEN BY THE CONTRACTOR FOR NON-EMPLOYMENT TO EX-

EMPLOYEE OF MIDC.

I / We hereby declare that, in the formation of our company, either by way

of partnership or consultant, No MIDC Ex-Employee has been on the enrollment of the

company.

It is further to certify that the Ex-Employee of the MIDC, who has joined the

company, has completed 2 years from his date of resignation from MIDC or from the date

of retirement from MIDC.

Date: - Signature of the Contractor.

Place: -

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 42

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Ûú¸üÞµÖÖŸÖ µÖê‡Ô»Ö.

(Draft of proposed condition relating to Insurance of Contract Works) Contractor shall take out necessary Insurance Policy/Policies so as to provide

adequate insurance cover for execution of the awarded contract work for total contract

value and complete contact period from the “Directorate of Insurance, Maharashtra State,

Mumbai” only. Its postal address for correspondence is “264 MHADA, first floor, Opp.

Kalanagar, Bandra (East), Mumbai 400 051”. (Telephone Nos. 6438690/ 6438746 and

Fax No,. 6438461). Similarly, all workmen appointed to complete the contract work are

required to be insured under workmens’ compensation Insurance policy. Insurance

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

If any contractor have effected insurance with any Insurance Company, the same

will not be accepted and the amount of premium calculated by the Directorate of

Insurance will be recovered directly from the amount payable to the Contractor for the

executed contract work.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 43

B-1 TENDER FORM Details of the work

Sealed tenders in “B-1” form are invited by the undersigned for the work

mentioned below from the civil contractors registered with PWD Govt. of Maharashtra or

with MES, Railways, CPWD, MJP/ CIDCO in appropriate class

The details of work is as under : -

1. Name of Work : M & R to Water supply @ Old Jalna Indl. Area … Deepening of existing open wells with taking bore in Old Jalna I/A..

2. Estimated Cost. : Rs. 7,00,539.00

3. Class of Registration. : Class- VII th & above

4. Type of agreement : B -1 Form.

5. Earnest Money : Rs. 7,100/- by Demand draft drawn on any Nationalized / Schedule bank only or exemption certificate issued by MIDC.

6. Cost of Blank tender form. Rs. 1000/- In a form of Demand Draft ( Non Refundable)

7. Security Deposit :

a) Initial 3% Security deposit by Demand Draft in favour of Executive Engineer MIDC Dn. Latur of Nationalized Bank Payable at Aurangabad (On estimated cost or tendered cost whichever is higher)

: Rs. 21,300/-

b) Balance 5% S.D. shall be recovered through R.A bills

: Rs. 35,500/-

8. Time Limit : 04 ( Four) calendar months from the date of work order (including monsoon)

9. Date of uploading of tender document : 09/05/2013

10. Date of Downloading of tender document

: 10/05/2013 to 24/05/2013

11. Last Date of submission of tender in the office of the Executive Engineer, MIDC, Civil Division, Aurangabad, Superintending Engineer, MIDC, Circle Office “ Udyog Shakti” Building, Railway Station Road, Aurangabad. OR Chief Engineer, M.I.D.C., Nanded

: 29/05/2013 upto 11.00 hrs.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 44

12. Date of opening of tender in the office of the Executive Engineer, MIDC, Civil Division “ Udyog Shakti” Building, Railway Station Road, Aurangabad.

: 29/05/2013 @ 14.30 hrs. ( If possible)

13. Compensation for the delay in work completion

: Rs. 500/- per day

14. Validity of the offer from the date of Opening of the tender

: 180 days

The intended tenderers are requested to down load the tender documents

which will be available on the website of MIDC www.midcindia.org from 10/05/2013

@ 16.00 hrs. Onwards. The tenders should be submitted in 2 envelopes.

Note : Please refer Detailed Tender Notice & Direction to tender for the filling

tender.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 45

DIRECTION TO TENDERER FOR THE FILLING TENDER

1. The tenderer will duly sign and compete of tender and contract the printed form. 2. Every part of the tender and contract document including specification etc. will be

signed by the tenderer in the bottom. 3. Every correction, deletion or addition and every slip pasted will be signed by the

tenderer. 4. The tenderer should quote the percentage in words and figures.

5. If the percentage quoted in words differs from the percentage quoted in figures, the lowest of the two will be taken as correct percentage.

6. The tenderer should carefully note the unit for each item no change in this unit is

to be made. In case of any doubt the intending tenderer should refer the matter to the Executive Engineer MIDC, Civil Division, Aurangabad and get necessary clarification, well in advance so as to submit the tender on due date & time.

7. In case of any doubts regarding any clause in the tender documents the same

should be got clarified from the Executive Engineer, well in advance so as to submit the tender on due date & time.

8. E.M.D. in form of D. D. on any nationalized / Schedule bank at in the name of

Executive Engineer, MIDC, Civil Division, Aurangbad shall only be accepted. 9. The tender shall be submitted in two envelopes as under.

i. The first envelope should contain tender cost & E.M.D. in the form of D.D.

+ costing tender along with appropriate letter to that effect,

ii. The second envelope should contain the tender form duly sealed and

signed. The size of this envelope should be sufficient to accommodate the

tender papers without folding or twisting them.

iii. The offers should be unconditional, conditional offers will be rejected

outright.

iv. If submission of tenders is not done as proposed above the offers will not

be considered further.

10. Contractor shall write Envelope numbers, Name of work and contractor Address / Contact number on each envelope.

11. All document of downloaded tender shall be chronologically arranged and proper

binded.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 46

NOTICE TO CONTRACTORS Sealed percentage tenders are invited in B-1 tender form from registered contractors, class as shown below, for the work as noted below, and will be received in sealed covers addressed to “Executive Engineer, MIDC, Civil Division, Aurangabad / Superintending Engineer, MIDC, Circle Office “ Udyog Shakti” Building, Railway Station Road, Aurangabad. OR C/o. Chief Engineer Office, Ujwal Enterprises, Airport Road, Nanded. duly superscribed with the name of the work, by the undersigned, in his office on the date and time as noted below, and will be opened on the same day, if possible. A certified true copy of the registration will have to be tendered with the application, by the contractor, for issue of tender form. An amount as noted below on account of earnest money should be paid on any Nationalized / Schedule Bank by a Demand Draft in favour of the Executive Engineer, Maharashtra Industrial Development Corporation, Civil Division payable at Aurangabad and the Demand Draft should accompany the tender, without which, no tender shall be considered.. The amount of earnest money will be forfeited in case, after the acceptance of the tender, the contractor refused to pay the security deposit as noted below, within the specified time limit. Otherwise it will be refunded. The work is to be completed within the stipulated time as noted below:

1. Name of Work : M & R to Water supply @ Old Jalna Indl. Area.. Deepening of existing open wells with taking bore in Old Jalna I/A..

2. Estimated Cost. : Rs. 7,00,539/-

3. Earnest Money : Rs. 7,100/-

4. Security Deposit : 3% Rs. 21,300/- by Demand Draft 5% Rs. 35,500/- through bills

5. Time Limit : 04 (Four ) calendar months

6. Cost of Blank Tender from : Rs. 1000/- ( Non refundable )

7. Class of Registration of the contractor.

: Class- VII & above

2. The tenderer shall be bound to keep open their offers upto180 days from the date of opening of the tenders.

3. The acceptance of the tender rests with the competent authority which does not

bind itself so accept the lowest tenders and reserves the right to reject any or all tenders without assigning any reasons therefore.

4. The notes and conditions stipulated in this notice and elsewhere in the tender shall form the part of the agreement.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 47

Percentage Rate Tender and Contract for Works .

General Rules and directions for the Guidance of Contractors.

1. All works proposed to be executed by contract shall be notified in a form of invitation to tender posted on a board hung up in the office of the Executive Engineer and signed by the Executive Engineer. This form will state the work to be carried out, as well as the date for submitting and opening tenders, and the time allowed for carrying out the work; also the amount of earnest money to be deposited with the tender, and the amount of the security deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from bills. It will also state whether a refund of quarry fees royalties, octroi dues and ground rents will be granted. Copies of the specification, designs and drawings and estimated rates, scheduled rates 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 contracts at the office of the Executive Engineer during office-hours. Where the works are proposed to be executed according to the specification recommended by a contractor and approved by a competent authority on behalf of the Maharashtra Industrial Development Corporation such specification 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 separately by each partner thereof, of in the event of the absence of any partner, it shall be signed on his behalf by a person holding a power-attorney authorizing him to do so. 3. Receipts for payments made on account of any work, when executed by a firm, shall also be signed by all the partners except where the contractors has 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 receipts for the firm. 4. The person who submits a tender shall fill up the usual printed form, stating at what percentage above or below the rates specified in Schedule B memorandum showing items of work to be carried out) he is willing to undertake to work. Only one rate or such percentage on all the estimated rates/Scheduled rates shall be named. Tenders, which propose any alteration in the works specified in the said form of invitation to tender, or in the time allowed for carrying out the work, or which contain any other conditions, will be liable to rejection. No printed form of tender shall include a tender for more than one work , but if contractors wish to tender for two or more work they shall submit a separate tender for such. Tenders shall have the name and number of the work of which they refer written outside the envelope. 5. The Executive Engineer or his duly authorized Assistant shall open tenders in the presence of contractors who have submitted tenders or their representative who may be present at the time, and he will enter the amounts of the several tenders in a comparative statement in a suitable form. In the event of a tender being accepted, the contractor shall, for the purposes of identification, sign copies of the specifications and other documents mentioned in Rule 1. In the event of a tender being rejected the Divisional Officer shall authorize the Bank concerned to refund the amount of the earnest money deposited to the contractor making the tender, on his giving a receipt for the return of the money.

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Contractor Executive Engineer 48

6. The officer competent to dispose of 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 Maharashtra Industrial Development Corporation unless it is signed by the Executive Engineer. 8. The memorandum of work to be tendered for and the schedule of material to be supplied by the Maharashtra Industrial Development Corporation and their rates shall be filled in and completed by the office of the Executive Engineer before the tender form is issued. If a form issued to have this done before he completes and delivers his tender. 9. All work shall be measured net by standard and according to the rules and customs of the Maharashtra Industrial Corporation without reference to any local custom. 10. Under no circumstances shall any contractor be entitled to claim enhanced rates for any items in this contract. 11. Every contractor shall, unless exempted in writing by the Superintending Engineer concerned, produce along with his tender a solvency certificate from the Collector of the District within which he resides or a banker’s certificate of his financial stability. If he fails to produce such a certificate his tender will not be considered. 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 Maharashtra Industrial Development Corporation and no proposals to adopt alternative methods will be accepted. The Executive Engineer’s decision as to what is “ the usual method in use in the Maharashtra Industrial Development Corporation? Will be final.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 49

TENDER FOR WORKS MEMORANDUM

a) General description : M & R to Water supply @ Old Jalna Indl. Area …Deepening of existing open wells with taking bore in Old Jalna I/A...

b) Estimated Cost. : Rs. 7,00,539.00

c) Earnest Money : Rs. 7,100.00

d) Security Deposit

(i) To be paid in DD : Rs. 21,300.00

(ii) To be deducted from current bills : Rs. 35,500.00

Total : Rs. 56,800.00

e) Compensation for non-completion of work in time, or slow progress on work, for every day the work remains incomplete, or for every day the work is carried out at a Disproportionately slow rate

: Rs. 500/- Per day.

f) Percentage, if any to be deducted from bills so as to make up the total amount required as security deposit by the cost,

: 8 %

g) Time allowed for the work form date of written order to commence.

: 04 ( Four ) calendar

I/We hereby tender for the execution of above stated work for Maharashtra Industrial Development Corporation ( here in before and hereinafter referred to as MIDC) at ( in figures ) ……………………………………………………percent above / below ( in words ) …………………………………………………….percent above / below

The estimated rates entered in Schedule B (memorandum showing items of work

to be carried out) and in accordance with all specifications, designs, drawings and

instructions and rules, terms and conditions of contract as here in above and hereinafter

included in these documents and agree that when materials are provided by the

Maharashtra Industrial Development Corporation, such materials and the rates to be paid

for them shall be as provided in Schedule A hereto. Should this tender be accepted,

I/We hereby agree to abide by and fulfill all the terms and conditions of contract annexed hereto, and in default thereof to forfeit and pay to Maharashtra Industrial Development Corporation the sums of money mentioned in the said conditions. Contractor Ex. Engr.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 50

Demand Draft No………………….dated………………………………………………

From the Bank……………………………………………in respect of the sum of Rs. ( in

figures)……………………. (in words)……………………is herewith forwarded,

Representing the earnest money, full value of which is to be absolutely forfeited to

Maharashtra Industrial Development Corporation should I/We do not deposit the full

amount of security deposit specified in the above memorandum, in accordance with

clause I ( A) of the Contract condition’ otherwise the said earnest money shall be

refunded to us.

Signature of the Witness : Signature of the Contractor Address : Address : Occupation : Date : The above tenders is hereby accepted by me on behalf of the Maharashtra Industrial

Development Corporation at the rate…………

Place : Executive Engineer Maharashtra Industrial Development Date ; Corporation.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 51

Conditions of Contract

Security Deposit

Clause No.1 : The person/persons whose tender may be accepted ( hereinafter called the contractor, which expression shall unless excluded by or repugnant to the contend include his heirs, executors, administrators, land assigns) shall (A) within 10 days ( which may be extended by the superintending Engineer concerned thinks fit to do so) of the receipt by him of the notification of the acceptance of his tender, deposit with the Executive Engineer in cash or Govt. securities endorsed to the Executive Engineer ( if deposited for more than 12 months) of sum sufficient to make up the full security deposit specified in the tender or (B) ( permit Maharashtra Industrial Development Corporation at the time of making any payment to him for work done under the contract to deduct such sum will be four percent of all moneys so payable. Such deductions to be held by MIDC by way of security deposits provided always that in the event of the contractor depositing a lump sum by way of security deposit as contemplated) A) above, then and in such case, if the sum so deposited shall not be eight percent of the total estimated cost of the work, it shall be lawful for MIDC at the time of making any payment to the contractor for work done under the contract to make up the full amount of four per cent by deducting a sufficient sum from every such payment as last aforesaid until the full amount of the security deposit is made up. All compensation or other sums of money payable by the contractor to MIDC under the terms of his contract may be deducted from of paid by the sale of sufficient part of the security deposit or from the interest arising there from, or from any sums which may be due or may become due by MIDC to the contractor under any other contract for transaction of any nature on any account what so ever and in the event of his security deposit being reduced by reason of any such deduction or sale as aforesaid, the contractor shall, within ten days thereafter, make good in cash or Government securities endorsed as aforesaid any sum or sums which may have been deducted from raised by sale of his security deposit referred to when paid in cash may, at the cost of the depositor, be converted into interest bearing securities provided that the depositors has expressly desired this writing.

If the amount of the Security Deposit to be paid in a lump sum within the period specified at ( A) above is not paid the tender/contract already accepted shall be considered as cancelled and legal steps taken against the contractor for recovery of the amounts. The amount of the security deposit lodged by a contractor shall be refunded along with the payment of the final bill if the date up to which the contractor has agreed to maintain the mark in good order is over. If such date is not over, only 3% amount of security deposit shall be refunded along with the payment of the final bill. The amount of security deposit retained by the MIDC shall be released after expiry of period up to which the contractor has agreed to maintain the work in good order, then subject to provisions of clause 16 and 19 hereof the amount of Security Deposit retained by MIDC shall be adjusted towards the excess cost incurred by the department on rectification work.

V) Compensation Delay

Clause 2 : The time allowed for carrying out the work as entered in tender shall be strictly observed by 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, with all due diligence ( time being deemed to be of the essence of the contract on the part of the contractor. ) In the event of the

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 52

contractor failing to comply with this condition, he shall be liable to pay as compensation an amount of Rs.500/-of such amount upto 1 percent as the Superintending Engineer ( Whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown by the tender for every day that the work remains uncommented, or unfinished, after the proper dates. And further to ensure good progress during the execution of the work, the contractor, shall be bounds, in all cases in which the time allowed for any work exceeds one month to complete : As per programme of work.

And abide by the programme of detailed progress laid down by the Executive Engineer. In the event of the contractor of failing to comply with this condition he shall be liable to pay as compensation an amount of Rs.500/-.of such amount up to 1 Per cent 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 he total amount of the compensation to be paid under the provisions of the clause shall not exceed 10 per cent old the estimated cost of work as shown in the tender.

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 this security deposit ( whether paid in one sum or deducted by installments) or in case of the abandonment of the work owing to serious illness or death of the contractor or any other cause the Executive Engineer on behalf of the Maharashtra Industrial Development Corporation shall have power to adopt any of the following courses, as he may think suited to the interest of MIDC. Action when whole of security Deposit is forfeited:

(a) To rescind the contract ( of which rescission notice in writing to the contractor under the hand of the 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 MIDC. (b) To carry out the work or any part of the work departmentally debiting the contractor with the cost of the work, expenditure incurred in the tool 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 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 Executive Engineer, as to the cost 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 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 a new contracting agency additional supervisory staff including the cost of work-charged establishment and cost of the work executed by the new contract agency will be debited to the contractor and the value of the work done 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

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Contractor Executive Engineer 53

certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contract and as to the value of the work so done shall be final and conclusive against the contractor.

In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for work therefore, actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of such work 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 courses referred to in clauses (b) and (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 shall be deducted from any money due to the contractor by Maharashtra Industrial Development Corporation under the contract or otherwise however or from his security deposit or the sale proceed thereof provided. If, however, the contractor shall have no claim against MIDC even if 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 shall have no claim to compensation for any loss sustained by him by reason of his having purchased, or procured any material, or entered into any engagements or made any advances on account of or with a view to the execution of the work or the performance of the contract. Action when the progress of any particular portions of the works unsatisfactory. Clause 4 : If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall, notwithstanding that the general progress of the works is in accordance with the conditions mentioned in clause 2 be entitled to take action under clause 3(b) after giving the contractor 10 day’s notice in writing. The contractor will have no claim for compensation, for any loss sustained by him owing to such action. Contractor remains liable to pay compensation if action not taken under clauses 3 and 4. Power to take possession of or require removal of, or sell contractor’s plant. Clause 5 : In any case in which any of the power conferred upon the Executive Engineer by clauses 3 and 4 hereof shall have become exercisable and the same not have been exercised, then non-exercises thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be excisable in the event of any future case of default by the contractor for which under any clauses 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 Executive Engineer taking action under sub-clause (a) or (c) clause 3, he may , if he so desires, take possession of all or any tools, plant materials and stores, in or upon the works or the site thereof or belonging to the contractor, or procured by him and intended to be used of 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 rate, to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative the Executive Engineer may, after giving notice in writing to the contractor or his clerk of the works, foreman or other authorized agent, require 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 copy with any such requisition, the Executive Engineer may remove them at the contractor’s

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 54

expense or sell them by auction or private sale on account of the contractor and at his risk in all respects and the certificate of the Executive Engineer as to the expense of any such removal, and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor. Extension of time :

Clause 6 : If the contractor shall desire an extension of the time for completion of the work on the ground of his having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the Executive Engineer before the expiration of the period stipulated in the tender or before the expiration 30 days from the date on which he was hindered as aforesaid or on which the case for asking for extension occurred, which, is earlier ever and the Executive Engineer, If, in his opinion, there are reasonable grounds for granting and extension, grant such extension as he thinks necessary or proper. The decision of the Executive Engineer in this matter shall be final. Final Certificate : Clause 7 : On 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 shall 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 woodwork, doors windows, walls, floor or other parts of any buildings, 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 works shall have been measured b the Engineer-in-charge or where the measurements have been taken by his subordinate until they have received the approval of the Engineer-in-charge, the said measurements being binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clauses as to the removal of scaffolding surplus materials and rubbish, and cleaning off 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 of the same as he thinks fit and clean off such dirt as aforesaid and the contractor shall forthwith pay the amount of all expenses so incurred, but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof. Payments on intermediate certificates to be regarded as advances : Clause 8 : No payment shall be made for any work, estimated to cost of less than rupees one thousand till after the whole of the work shall have been completed and a certificate of completion given. But in the case of works estimated to cost more than rupees one thousand, the contractor shall, on submitting a monthly bill therefore, be entitled to receive payment proportionate to the part of the work the approved and passed by the Engineer-in-charge, whose certificate of such approval and passing of the sum of payable shall be final and conclusive against the contractor. All such intermediate payments shall be regards as payments by way of advance against the final payments only and not as payment for work actually done completed and shall not preclude the Engineer-in-charge form requiring any bad, unsound, imperfect for unskillful work to be removed or taken away and reconstructed or re-erected nor shall any such payment be considered as an admission of the date performance of the contractor or any part thereof in any respect or the occurring of any claim, nor shall it conclude, determine, or affect in any other way the power of the Engineer-in-Charge as to the final settlement and

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adjustment of the accounts of the otherwise, or in any other way very or affect the contract. The final bill shall be submitted by the contractor with in one month of the date fixed for the completion of the work, otherwise, the Engineer-in-Charge’s certificate of the measurement and of the total amount payable for the work shall be final and binding on all parties. Payment at reduced rates on account of items of work not accepted as completed to be at the direction of the Engineer-in Charge. Clause 9 : The rates for several items of works estimated to cost more than Rs.1,000/- agreed to within, shall be valid only when the item concerned is accepted as having been completed fully in accordance with the sanctioned Specifications. In case where the items of work are not accepted as so completed the Engineer-in Charge may make payment on account of such items at such reduced rates as he may consider reasonable in the preparation of final or on account bills. Bills to be submitted Monthly : Clause 10 : A Bill shall be submitted by the contractor each on 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 a subordinate to measure up the said work in the presence of the contractor or his duly authorized agent whose countersignature to the measurement its shall be sufficient warrant, and the Engineer-in-Charge may prepare a bill from such list which shall be binding on the contractor in all respects. Bills to be on printed forms : 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 up the bills shall always be entered at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions, and not mentioned or provided for in the tender, at the rate hereinafter provided for such work. Stores supplied by Maharashtra Industrial Development Corporation: Clause 12 : If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the store of the Maharashtra Industrial Development Corporation or its is require 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 therefore 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 or memorandum here to annexed) the contractor shall be supplied with such materials and stores as may be required from time to time to be used by him for the purpose of the contract only, and the value of the full quantity of materials and stores so supplied shall be set off or deducted from any sums then due, of thereafter to become due to the contractor under the contract, or otherwise, or from the security deposit, or the proceeds of sale thereof, of the security deposit in held in Government securities, the same of a sufficient portion thereof shall in the case be solid for the purpose. All materials supplied to the contractor shall remain the absolute property of Maharashtra Industrial Development Corporation, and shall on no account, be removed from the site of the work, and shall at all times be open to inspection by the Engineer-in-Charge. Any such materials unused and in perfectly good condition at the time of complication or determination of the contract shall be returned to the Maharashtra Industrial Development Corporation, store, if the Engineer-in Charge so requires by a

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notice in writing given under his hand, but the contractor shall not be entitled to return any such materials expect with consent of the Engineer-in Charge and he shall have no claim for compensation on account of any such material supplied to him as aforesaid but remaining unused by him or of any wastage in or damage to any such materials. Works to be executed in accordance with specification, drawings, order etc. Clause 13 : The contractor shall execute the whole and every part of the work in most substantial and workmanlike manner, both as regards materials and in every other respect in strict accordance with specifications. The contractor shall be also confirm exactly, full and faithfully to the designs and drawings and instructions in writing relating to the work signed by the Executive Engineer –in-Charge and lodged in the office to which the contractor shall be entitled to have access for the purpose of inspection at such office, or on the site of work during the office hours. The contractors will be entitled to receive 3 sets of contract drawings and working drawing as well as on certified copy of the accepted tender along with the work order free of cost. Further copies of the contractor drawings and workings drawings if required by him shall be supplied at the rate of Rs.10 percent of contract drawings and Rs.1 per working drawing except where otherwise specified. Alternations in Specification and designs not to invalidate contract : Clause 14 : The Engineer-in-Charge shall have power to make any alternation in or addition to, the original specifications, drawings, designs and constructions that may appear 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 instructions in his connection which may be give to him in writing signed by the Engineer-in-Charge and such alternation 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 per specified in the tender for the main work. Rates for works not entered in estimate, for schedule or rates of the district. And if the additional and altered work includes any class of work for which no rate is specified in this contract; other such class of work shall be carried out at the rates entered in the schedule of Rates of 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 in entered in the Schedule of rate of the division, is ordered to be carried out before the rates are agreed upon time, the contractor, shall, within seven days of the date of receipt by him of the order to carry out the work, inform the Engineer-in-Charge of the rate which it is his intention to charge for such class of work, and of the Engineer- in Charge does not agree to his 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 if the contractor shall commence work or incure any expenditure in regard, thereto before the rates shall have determined as lastly here in before mentioned, then in such case he shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to 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 the 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

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competent authority the alterations above referred to shall be within the scope of such design, drawings specifications appended to the tender. Extension of time in consequence of addition or alterations :- The time limit for the completion of the work shall be executed in the proportion that the increase in its cost occasioned by alternations 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. No claim to any payment or compensation for alternation in, or restriction of work: Clause 15 : If at the any time after the execution of the contract document the Engineer shall for any reason whatsoever (Other than default on the part of the contractor for which the Govt. 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 of that the whole of 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 in writing of such desire, the contractor shall forthwith suspend or stop the work wholly or in part as required after having the regard of the appropriate stage at which the work should be stopped or suspended so as not to 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 what so ever by reason of or in pursuance of any notice as aforesaid on account of any suspension, stoppage or curtailment except to the extent specified herein after. 2. Where the total suspension of the work ordered as aforesaid continued for a continuous period exceeding 90 days the contractor shall have liberty to withdraw from the contractual obligation under the contract so as far as it pertains to he unexecuted part of the work by giving 10 days or prior notice in writing to the Engineer within 30 days of the expiry of said period of 90 days of such intention and requiring the Engineer to record the final measurements of the work already done and to pay the final bill. Upon giving such notice the contractor shall be deemed to have been discharged from his obligation to complete the remaining unexecuted work under this contract. On receipt of such notice the Engineer shall proceed to complete the measurement and make such payment as be finally due to the contractor within a period of 90 days from the receipt of such notice in respect of the work already done by the contractor. Such payment shall not in any manner prejudice the rights of the contractor to any further compensation under the remaining provisions of the clause. 3. Where the Engineer requires the contractor to suspend the work of a period in excess of 30 days in the aggregate the contractor shall be entitled to supply to the engineer within 30 days of the resumption of work after such suspension for payment of compensation to the extent of procuring loss suffered by him in respect of working machinery rendered ideal on the site or on 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 and 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 where so ever occasioned by unsatisfactory work or any other default on his part. The decision of the Engineer-in-Charge regard shall be final and conclusive against the contractor.

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4. IN THE EVENT OF

i) Any total stoppage of work notice from the Engineer under sub-clause in that behalf; ii) Withdrawal by the contractor from the contractual obligations to complete the remaining unexecuted work under sub clause (2) on account of continued suspension of work for a period exceeding 90 days. iii) Curtailment in the quantity of items originally tendered on account of any alternation, omission substitution in the specification, drawing, designs or instruction under clause (14/1) where such curtailment exceeds 25% quantity and the value of the quantity curtailed beyond 25% at the rates for the item specified in the tender is more Rs.5000/- It shall be open to the contractor within 90 days from the service of (1) the notice of stoppage of work (2) other notice of withdrawal from the contractual obligation under the contractor on account of the continued suspension of work or notice under clause (14)1 resulting in such curtailment to produce to the Engineer-in Charge (3) Satisfactory documentary evidence of that he had purchased or agreed to purchase material for use in the contracted work, before receipt by him of the notice or stoppage, suspension or curtailment and require the Government to take over on payment, such materials at the rates determined by the Engineer. The Govt. shall therefore take over the excess of the requirements of the unexecuted work specified in the accepted tender at and are of the quality and specification approved by the Engineer. No claim to compensation on account of loss due to delay in supply of materials by Maharashtra Industrial Development Corporation. Clause 15 A : The contractor shall not be entitled to claim any compensation from Maharashtra Industrial Development Corporation for the loss suffered by him on account of delay by Maharashtra Industrial Development Corporation in the supply of materials entered in Schedule A where such is caused by :-

i) Difficulties relating of the supply of railway wagons. ii) Force Major. iii) Act of God. iv) Act of enemies of the State of any other reasonable caused

beyond the control of Maharashtra Industrial Development Corporation

In the case of such delay in the supply of materials Maharashtra Industrial Development Corporation shall grant such extension of time for the completion of the works as shall appear to the Executive Engineer to be reasonable in accordance with the circumstance of the case. The decision of the Executive Engineer as to the extension of time shall be accepted as final by the contractor. Time limit for unforce claims: Clause 15 B : Under no circumstances whatever shall the contractor be entitled to any compensation from Maharashtra Industrial Development Corporation on any account unless the Contractors shall have submitted a claim in writing to the Engineer-in-Charge within one month of the cause of such claim occurring. Action and compensation payable in case of bad work.

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Clause 16 : If at any time before the security deposit or any part of 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, imported or unskillful workmanship or with materials of inferior quality, or that any materials provided by him for the execution of the work are unsound, or of a quality inferior to that contracted for, or otherwise not in accordance with the contract it shall be lawful for the Engineer-in Charges to intimate this fact in writing to the contractor and then not withstanding, the fact that the work, materials or articles complained of may have been inadvertently passed, certified and paid for, the contractor shall be sound forthwith to rectify or remove and reconstruct the work so specified in whole or in part, as the case may required or if so within a period to be specified by the Engineer-in-Charge in the written intimation aforesaid, the contractor shall liable to pay compensation at the rate of one percent on the amount of the estimate for every day not exceeding 10 days, during which the failure so 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 respect of the contractor. Should the Engineer-in-Charge consider that 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. Works to be open to inspection: Contractor or responsible agent to be present : Clause 17 : All works under or in course of execution or executed in pursuance of the contract shall at all time be open to the inspection and supervision of the Engineer-in-Charge and his subordinates, and the contractor shall at all time during usual working hours, and at all other times which reasonable notice of the intention of the Engineer-in-Charge or his sub-ordinate to visit to the work shall have been given to the contractor’s duly authorized agent shall be considered to have the same force and effect as if they had been given to the contractor himself. Notice to be given before work is covered up : Clause 18 : The contractor shall give not less than five day’s notice in writing to the Engineer-in-Charge or his subordinates in charge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions thereof taken before the same is so covered up or place beyond the reach of measurement without such notice having been give or consent obtained the same shall be covered up or placed beyond the reach measurement with such notice having been give or consent obtained, the same shall be uncovered at the contractor’s expense, and in default thereof no payment of allowance shall be made for such work or for the materials with which the same as executed. Contractor liable for damage done and imperfection for three months after certificate. Clause 19 : If during the period of Nil .months from the date of completion as certified by the Engineer-in-Charge pursuant to clause 7 of the contract of Nil month after commissioning the work whichever is earlier in the opinion of the Executive Engineer, the said work is defective in any manner whatsoever, the contractor shall forthwith or 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 and 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

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out departmentally or be any other agency at the risk on account and at the cost of the contractor. The contractor shall forthwith on demand pay to the MIDC the amount of such costs, charges and expenses sustained or incurred by the MIDC of which the certificate of the Executive Engineer shall be final and binding on the contractor. Such costs, charges and expenses shall be deemed to be arrears of land revenue and in the event of the contractor failing neglecting to pay the same on demand as aforesaid without prejudice to any other rights and remedies of the MIDC, the same may be recovered form the contractor as arrears of land revenue. The MIDC shall also be entitled to deduct the same from any amount which may then be payable or which may thereinafter become payable by the MIDC to the contractor either in respect of the said work or any other work whatsoever of from the amount of security deposit retained by MIDC. Contractor to supply plant, ladders, scaffoldings, etc. Clause 20 : The contractor shall supply at his own cost all material (except such special materials if any as may, in accordance with contract, be supplied from the Maharashtra Industrial Development Corporation stores) plant, tools, appliances implements, ladders, cordagetack, scaffolding, and temporary works requisite or proper execution of the work, whether, in the original altered or substituted from and whether included in the specifications or other documents forming part of the contract or referred to in these conditions or not and which may be necessary for the purpose of satisfying or complying with 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 is entitled to require together with carriage therefore, to and from the work and is liable for damage arising from non-provision of lights, fencing etc.

The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, and counting, weighing and materials, Failing this the same may be provided by the Engineer In Charge at the expenses of the of the contractor and the expenses may be deducted from any money due to the Contractor under the contractor or from his accident and shall also be bound to bear expenses defense of every suit, action or other legal proceeding, that may be brought by any person for injury sustained owing on hegled of the above precautions, and to pay any damage and cost which may be awarded in any such suit, action or proceedings to any such person, or which may with the consent of the contractor be paid for compromising any claim by any such person.

Clause 21 : The contractor shall provide suitable scaffolds and working platforms, gangways and stairways, and shall comply with the following regulations in connections herewith

(a) Suitable scaffolds shall be provided for workmen for all work that cannot be safely done from a ladder or by other means.

(b) A scaffolds shall not be constructed, taken down or substantially altered, except. (i) Under the supervision of a competent and responsible, person and (ii) As far as possible by competent workers possessing adequate

experience in this kind of work. (c) All scaffolds shall not be appliances connected therewith and all ladders

shall-

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(i) be of sound material.

(ii) be of adequate strength having regards to the loads and strains to

which they will be subjected; and

(iii) be material in proper condition.

(d) Scaffold 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 for as practicable the load shall be

evenly distributed.

(f) Before installing lifting gear on scaffolds special precautions shall be take to

ensure the strength and stability of the scaffolds.

(g) Scaffolds shall be periodically inspected by a competent person.

(h) Before allowing a scaffold to used by this workmen or not, take step to

ensure that it complies fully with the regulation herein specified.

(i) Working platforms, gangways and stairways shall-

i) be so constructed that no part thereof can safe unduly or unequally; ii) be so constructed and maintained, having regard to the prevailing

conditions as to reduce as far as practicable risks of person tripping

or slipping and;

iii) be kept free from any unnecessary obstruction.

(j) In the case of working platforms, gangways, working places and stair ways at a height exceeding eight feet.

i) every working platform and every gangway 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 and 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 a low access or persons or the

transport of shifting of material be provided with suitable means to prevent

the fall of persons or material.

(l) When persons are employed on a roof where there is a danger of failing from

a height exceeding six feet suitable precautions shall be taken to prevent

person being struck by articles which might fall from scaffolds or other

working places.

(m) Safe means of access shall be provided to all working platforms and other

working places.

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Clause 22 : The contractor shall comply with the following regulations as regards the Hosting appliances to be used by him-

(a) Hoisting machines and tackle, including their attachments, anchorages and support shall –1) be of good mechanical construction, sound material and adequate strength and free from patent defect and. 2) be kept in good repair and in good working order.

(b) Every rope used in hosing or lowering materials or a means of suspension shall be suitable quality and adequate strength and free from patent defect.

(c) Hosting machines and tackles shall be examined and adequately tested after reaction on the site and before use and be re-examined in position at intervals to be prescribed by the Maharashtra Industrial Development Corporation.

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

(e) Every cane driver or hoisting appliance operator shall be properly qualified.

(f) No reason who is below the age of 18 yrs shall control 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 and pulley block used in hoisting or lowering or as a means of suspension the safe working load shall be ascertained by adequate means.

(h) Every hoisting machine and all gear referred to in the preceding regulations 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 in the conditions under which it is applicable shall be clearly indicated.

(j) No part of any hoisting machine or of any gear referred to in regulation 7 above shall be loaded beyond the safe working load except for the purpose of testing.

(k) Motors gearing, transmissions, electric wiring and other dangerous parts of hoisting appliance shall be provided with efficient safeguards.

(l) Hoisting appliances shall be provided with such means as will reduce to a minimum the risk of the accident decent of the load.

(m) Adequate precautions shall be taken to reduce to a minimum the risk of any part of a suspended load becoming accidentally displayed.

Measurement for prevention of fire :

Clause 23 : The contractor shall not set fire to any standing jungle, trees, brush wood or grass without written permit from the Executive Engineer. When such permit is given, and also in all cases when destroying cut or dug up trees, brushwood, grass etc by fire, the contractor shall take necessary measures to prevent such fire spreading to or otherwise damaging surrounding property. The contractor shall make his own arrangement for drinking water for the labour employed by him. Liability of Contractor for any damage done in or outside work area.

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Clause 24 : Compensation for all damage done intentionally or unintentionally by contractor’s labour whether in or beyond the limits of Maharashtra Industrial Development Corporation property including any damage caused by the spreading of fire mentioned in clause 23 shall be estimated by the Engineer In Charge or such other officer as he may appoint and the estimates of the Engineer In Charge subject to the decision of the Superintending Engineer on appeal shall be final and the contractor shall be bound to pay amount of the assessed compensation on demand failing which the same will be recovered from the contractor a 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 Maharashtra Industrial Development Corporation 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.

Employment of female labour :

Clause 25 : The employment of female labours on works in the neighborhood of soldiers brackets should be avoided as far as possible.

Work on Sundays.

Clause 26 : No work shall be done on Sunday without the sanction in writing of the Engineer In Charge. Work not to be sublet, contract may be rescinded and security deposit forfeited for subletting it without approval or for bribing a public office of if contractor becomes insolvent.

Clause 27 : The contractor shall not be assigned or subject 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 an insolvent or make any composition with his creditors, or attempt so to do or if any brief 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 this servants or agents to any public officer or person in the employee of Maharashtra Industrial Development Corporation in any way relating to his office or employment or if any such offer or person shall become in any way directly or indirectly interested in the contract, the Engineer In Charge may thre upon by notice in writing rescind the contract, and the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of Maharashtra Industrial Development Corporation and the same consequence shall ensure as if the contract had been rescinded under clause 3 hereof and in addition the contractor shall not be entitled to recover to be paid for any work therefore actually performed under the contract. Sum payable by way of compensation to be considered as reasonable compensation with out reference to actual loss.

Clause 28 : All sums payable 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 Maharashtra Industrial Development Corporation without reference to the actual loss or damage sustained, and whether any damage has or has not been sustained.

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Change in the constitution of a firm to be notified : Clause 29 : In the case of tender by partners any change in the constitution of a firm shall be forthwith notified by the contractor to the Engineer In Charge for his information.

Works to be under direction of Superintending Engineer : Clause 30 : all works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Superintending Engineer of the circle for the time being who shall be entitled to direct at what point or points and in what manner they are to be commenced and from time to time carried on.

Decision of Superintending Engineer to be final :

Clause 31 : Except where otherwise specified in the contract and subject to the powers delegated to him Maharashtra Industrial Development Corporation under the Code rules than in force, the decisions of the Superintending Engineer of the circle for the time being shall be final, conclusive, and binding of all parties to the contract upon all questions relating to the meaning of the specifications, design drawings and instructions herein before mentioned and as to the quality of material used on the work or workmanship, or as to any other question, claim right matter, or thing whatsoever if design, drawings specifications estimates instructions orders or conditions or otherwise any way rising out of or room to the contract concerning the work fort he execution, or failure to executive same, whether arising doing the progress of work, or after completion or abandonment thereof.

Stores of European or American manufacture to be obtained from MIDC.

Clause 32 : The contractor shall obtain from the Maharashtra Industrial Development Corporation’s store all stores and articles of European or American manufacture which may be required for the work, or any part thereof in making up any articles required therefore or in connection therewith unless he has obtained permission in writting from the Engineer In Charge to obtain such stores and articles else where the value of such stores and articles as may be supplied to the contractor by the Engineer In Charge will be debited to account at the rates shown in the schedule in form “A” attached to the contract and if they are not the contractor in his entered in the said schedule, they shall be debited to him at cost price which for they are not this contract shall include the cost of carriage and all other expenses whatsoever, which shall have been incurred in obtaining delivery of the same at the stores aforesaid. Lump sum in estimates :

Clause 33 : When the estimate on which at tender is made includes lump sums is respect of parts of the work, the contractor shall be entitled to payment in respect of the item of work involved of the part of the work in question at the same rates as are payable under this contract for each items, or if the part of the work in question is not in the opinion of the Engineer In Charge capable or measurement, the Engineer In Charge may at his discretion pay the lump sum amount entered in the estimate and the certificate in writing of the Engineer In Charge shall be final and conclusive against the contractor with regards to any sum or sums payable to him under the provision of this clause.

Action where not specification :

Clause 34 : In the case of any class of work for there is not such specifications as is mentioned in Rule 1 such work shall be carried out in accordance with the Divisional

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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 the instruction and requirements of the Engineer In Charge. Definition of work : Clause 35 : The expression ‘works’ or ‘work’ where used in these conditions, shall, unless there be something in the subject or context repugnant to such construction be constructed to mean the work or works contract to be executed under or in virtue of the contract, whether temporary or permanent and whether original, altered substituted or additional. Contractor’s percentage whether applied to net or gross amounts of bill. Clause 36 : There percentage referred to in the tender shall be deducted from/added to the gross of the bill before deducting the value of any stock issued. Payment of quarry fees and royalties : Clause 37 : All quarry fees royalties, octroy dues and ground rent for stacking materials, if any, should be paid by the contractor. Compensation under the work men’s compensation act. Clause 38 : The contractor shall be responsible for and shall pay any compensation to his workmen payable under the workman compensation Act, 1923 ( VII of 1923), hereinafter called the said Act) for injuries caused to the workman. If such compensation is paid by Maharashtra Industrial Development Corporation as principal under sub-section (1) of section 12 of the said Act of the behalf of the contractor, shall be recoverable Maharashtra Industrial Development Corporation from the contractor under sub section (ii) of the said section such compensation shall be recovered in manner laid down in clause 1 above. Clause 39 : The contractor shall be responsible for and shall pay the expenses of providing medical aid to any workmen who may suffer bodily injury as a result on an accident. If such expenses are incurred by Maharashtra Industrial Development Corporation the same shall be recoverable from the contractor forthwith and be deducted without prejudice to any other remedy of Maharashtra Industrial Development Corporation from any amount due or that may become due to the contractor. Clause 40 : The contractor shall provided all necessary personal safety equipment and first aid apparatus available for the use of the persons employed on the site, shall maintain the same condition suitable for immediately use any time and shall comply with the following regulation in connection therewith.

a) The workers shall be required to use the equipment so provided by the contractor shall take adequate step to ensure proper use of the equipment by those concerned.

b) When work is carried on in proximity to any place where there is risk of drawing , all necessary equipment’s 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.

Claim for quantities entered in the tender or estimate Clause 41 :

1) Quantities in respect of the several item shown in the tender are approximately and no revision in the tender rate shall be permitted in respect

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of any of the items so long as , subject to any special provision contained in the specification prescribing different percentage or 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 so to do carryout any quantities in excess of the limit mentioned above this clauses, on the same condition as and in accordance with the specifications in the tender and at the rate derived from the rates entered in the current schedule of rates and in absence of such rates, at the rate prevailing in the market which may be increased or decreased as this case may by the percentage which the total tender amount bears to the estimated cost of the total works as put to tender.

3) Claims arising out of reduction in the tender quantity of any item beyond 25% will be governed by the provision of clause 15 only when the amount of such reduction beyond 25% at the rate of the item specified in the tender is more than Rs.5000/-.

4) In view of the rationalization of the provision of Clause – 41 of B-1 and clause 8 of additional contract terms and conditions of tender from as above, it is necessary to prescribe the manner in which the claims arising out of reduction in the tendered quantity of any item under clause 15 of the tender from should be dealt with. It is decided that clause 15 should modified as under :

Employment of famine etc labour : Clause 42 : The contractor shall employ any famine, convict or other labour of particular kind or class if ordered in writing to do so by the Engineer In Charge. Claim for compensation for delay in staring the work. Clause 43 : 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 estimate. Claim for compensation for delay in the execution of work : Clause 44 : No compensation shall be allowed for any delay in the execution of the work on account of water standing in borrow pits or compartments. The rates are inclusive for hard or cracked soil, excavation in mud, sub-soil water or water standing in borrow pits and no claim for an extra rate shall be entertained unless otherwise expressly specified. Entering upon or commencing any portion of work: Clause 45 : The contractor shall not enter upon or commenced 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 of or payment for work. Minimum age of persons employed the employment of donkeys and / or other animals and the payment of air wages. Clause 46 :

(i) No contractor shall employ and person who is under the age of 12 yrs. (ii) No contractor shall employee 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 (Naear)-

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(iii) No animal suffering from stores, lameness or emaciation or which is immature shall be employed on the work.

(iv) The Engineer In charge or his Agent its authorized to remove from the work any person or animals found working which does not satisfy these conditions and no responsibility shall be accepted by Maharashtra Industrial Development Corporation for any delay caused in the completion of the work by such removal.

(v) The contractors shall pay fair and reasonable wages to the workmen employed by him in the contract undertaken by him. In the event of any dispute arising between the contractor and is workmen on the ground that the wages paid are not fair and reasons the same. The decision of the Executive Engineer shall be conclusive and binding on the contract but such decision shall not in any way affect the condition in the contract regarding the payment to be made by Maharashtra Industrial Development Corporation at the sanctioned tender rates.

(vi) The contractor shall provided drinking water facilities to the workers. Similar amenities shall be provided to the workers engaged on large work in urban areas.

Method of payment : Clause 47 : Payment to contractors shall be made by cheque drawn on any bank within the Divisional convenient to them, provided the amount exceeds Rs.10.00 amounts not exceeding Rs.10.00 will be paid in cash. Acceptance of conditions compulsory before tendering for work. Clause 48 :- Any contractor who does not accept these conditions shall not be allowed to tender for works. Employment’s of scarcity labour : Clause 49 : If Govt. declare a state of scarcity or famine to 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 persons certified to him by the Executive Engineer, or be any persons to whom the Executive Engineer may have delegated this duty in wiring to be in need of relief and shall be bound to pay to such persons wages not below the minimum which Govt. may have fixed in this behalf. Any dispute which may arise in connection with the implementation of this clause shall be decided by the Executive Engineer whose decision shall be final and binding on the contractor. Clause 50 : The price quoted by the contractor shall not in any case exceed the control price in any fixed by Govt. or reasonable price which it is permissible for him to charge a private purchaser for the same class and description of goods under the provisions of Hoarding and profiteering prevention ordinance, 1943 as amended from time to time. If the price quoted exceed the controlled price or the price permissible under Hoarding & Bofiteering prevention ordinance contractor will specifically mention this fact in his tender along with the reasons for quoting such higher price. The purchaser at his desertion will in such case exercise the right or revising the price at any stage so as to confirm with the controlled price on the permissible under the Hoarding & Profiteering Prevention Ordinance. This discretion will be exercised without prejudice to any other action that may be taken against the contractor. Clause :- 51 :-The rates to be quoted by the contractor must be inclusive of sales tax, No extra payment on this account will be made to the contractor.

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Clause 52 : The contractor should as far as possible obtained his requirement of labour skilled and un-skilled from the nearest employment exchange. Clause 53 : The provision regarding Contractors labour provisioning the contract labour (Regulation and Abolition) Act 1970, with the Maharashtra Contract Labour (Regulation and Abolition) Rule 1971 shall be binding on the contractors, if the provision in the said act centra-dicts with any of the provision regarding contractor’s labours in any of the clauses in this tender, the provision in the contractor labour.(Regulation & Abolition ) Act 1970 with the Maharashtra Labour ( regulation and Abolition ) Act. Rules 1971 shall prevail. Clause 54 : The contractor shall comply with the provisions of the Apprentices Act 1961, and the rules and the orders issued these under from time to time. If he/ they fails to do so the failure will be a breach of the contract and the Superintending Engineer, may in his discretion, cancel the contract. The contractor shall be liable to by him/them, of the provisions of the act .

Supply of materials etc by Contractors :

Clause 55 : The Contractors are to provide every article (with the exception noted in schedule ‘A’ attached) which may be necessary and requisite for the due and proper executing of the several works included in contract accordingly to the true indent and measuring of the drawings and specifications taken together, which are to be signed by Executive Engineer, MIDC, (hereinafter called the Executive Engineer) and by the contractor (s) whether the same may or…… may not have been prescribed in the specifications or shown in the drawings provided however that the same are reasonable and obviously to be informed therefrom. In case of any discrepancy between the drawing and the specifications the Executive Engineer, shall decide which of the two is to be followed. Execution of work :

Clause 56 : The contractors shall set out the whole of the work as per approved drawings and details supplied to him and during the Engineer, or his agent any errors, which may be found therein and shall provide all necessary labour and material for the purpose. The contractor shall also provide plants labours and materials (with the exceptions noted in schedule attached which may be necessary and requisite for the works. The material and workmanship are to be the best of their respective jobs. The contractors shall have the work in all respects clean and perfect at the completion thereof.

Drawings and specifications :

Clause 57 : At least six copies of the drawings and specifications submitted by the Contractor and approved and signed by the Superintending Engineer shall be furnished by the Contractors to the IDC and copies there of shall be kept on binding, contractor’s agent who is to be constantly kept on the ground by the Executive Engineer, MIDC, under schedule ‘A’ of the contract will supply plain MS rounds and / or steel depending upon the availability. As such design based on exclusive using for steel shall not be accepted. Clause No 58 :- The Executive Engineer, or his duly authorized representative have at all times occur to the works which are to be entirely under his control. He may require the contractors to dismiss person in the contractor’s employment upon the works if such person in his opinion incompetent or misconduct himself and the shall forthwith comply with every such requirements.

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Materials left at site :

Clause 59 : All works and materials brought and left upon the site of the work either by the Contractor by their orders for the purpose of forming, part of the work are to be considered the property of the MIDC, and the same shall not be removed or carry away by the Contractors or any other person, without the special leave or consent in writing on the Executive Engineer, but the MIDC, shall not in any way answerable for any loss or damage which may happen to or in respect of any such work or materials or account of the same being lost of stolen or majored by whether or otherwise. Removal and substitution of materials :

Clause 60 : The Executive Engineer, shall have full power to require the removal from the premises of the materials which in his opinion are not in accordance with the specifications and in employ other persons to remove the same without having answerable accountable for any loss or damage that may be caused to such material. The Executive Engineer, shall also have full power to require other proper material to be submitted and in case of default the Executive Engineer, may cause the same to be supplied and all cost which be incurred in such removal and substitution shall be borne by the Contractor. Action in case of improper material and workman-ship.

Clause 61 : If in the opinion of the Executive Engineer, any work in my part there of is executed with improper materials or defecting workmanship, the Contractor shall when required by the Executive Engineer, forthwith re-executive the same and substitute proper materials and workman ship and in case of default by the Contractor is so doing within a week from the date of the requisition the Executive Engineer, shall have full power to employ other persons to re-executive the work and cost there of shall be borne by the Contractor. Clause 62 : If at time before security deposit is refunded to the Contractor, it shall appear to the Executive Engineer In-Charge or his subordinate in-charge of the work, that any work have been executed with unsound, imperfect or unskillful workman-ship or with materials or articles provided by him for the execution of the work or unsound or of a quality interior to that contract it shall be lawful for the Engineer-in-Charge to intimate this fact in writing to the Contractor and then not withstanding the fact that the work materials or articles complained or may have been in adventantly passed. Certified and paid for, the contractor shall be bound to forthwith to rectify or remove or reconstruct the work so specified in whole or in part, as the case may have been in adventantlay passed. Certified and paid for, the contractor shall be bound to forthwith to rectify or remove or reconstruct the work so specified in whole or in part, as the case may require, or if so required, articles so specified and provide other proper and suitable materials or articles shall remove the materials as articles at his own charge and cost in the event of his failing to do so within intimation aforesaid the contractor shall be liable, to pay compensation at the rate of 1% on the amount of the estimate for every day not exceeding 10 days, during which the failure so continuous and the event of any such failure as aforesaid the Engineer In Charge may rectify to remove and re-executed the work or remove in all respects of the Contractor should be Engineer-In-Charge consider that any such interior work or materials as described above will not be accepted and will be straight way rejected.

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Performance and guarantee of the work or plant completed by the contractor

Clause 63 : The contractor shall make good and repair defects in materials and workmanship and performance etc revealed in the furnished work of the plant completed by him for a period of NIL months from the date of which final completion certificate, is issued by Engineer-In-Charge. The decision of the Engineer In Charge as to the necessary of repairs shall be binding on the Contractor. If the contractor fails to maintain and keep in proper condition the work completed by him or if the plant erected by him falls in performance or guarantee furnished by the contractor over the stipulated period of maintenance or performance. The Engineer in Charge shall be entitled to carryout the necessary repairs deptor through another agency at the cost of contractor. The decision of Engineer In Charge as the amount of the expenses incurred in carrying out the repairs shall be final and binding on the contractor. If the Engineer In Charge shall be entitled to forfeits the whole or any part of the security deposit toward the expenses incurred by him in repairing the work completed by the Contractor.

Responsibility of Contractor damage or fire etc.

Clause 64 : From the commencement of the work to the completion of the same work shall be under the Contractor’s charge. The contractor shall be held responsible for any damage done to the same by fire or any there cause and they shall be liable to make good all such damage and to carryout any repairs which may be rendered necessary to the same by fire or other causes and they are to held the MIDC handless from any claims for injuries to persons for structural damage, damage to property happening from any neglect or default want of proper care of misconduct on the part of the Contractor of any on in their employee during the execution of the work.

Execution of work included in the contract :

Clause 65 : The Executive Engineer, shall have full power to send workmen on the premises to execute fittings and other works not included in the contract and for which the contractors shall afford every reasonable facility during ordinary working hours, provided that such operations shall be carried on in such a manner as not to impede the progress on the work included in the contract. The contractor as shall not however, be responsible for any damage which may happen to or be occasioned in the execution of any such fittings or other works.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

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ADDITIONAL TERMS & CONDITIONS OF CONTRACT. 1. The work covered by the contract shall be carried out in accordance with the relevant specifications contained in the Standard Specifications Book, published by PWD, Govt. of Maharashtra, as per the latest edition of the same ( hereinafter called the Standard Book of Specifications ) subject further to the attached specifications. Where these two contradict, the later holds good.

2. A work order book will be maintained by the Department, on the site of the work, & the contractor shall sign orders given therein by the Executive Engineer or his representative & his superior officers & comply with them.

3. The site of work shall be cleared by the contractor before starting the work & after completing it to the satisfaction of the Engineer ( which means the Exe. Engineer or his representative ) This will include cutting of trees, shrubs & removing grass, dismantling & removing remains of old masonry, loose boulders & stone etc. The cost of this will be deemed to have been included in the tendered rates for the several items.

4. The contractor shall provide free of charge all labour & material required for lining out, surveying & measurement of work etc. He will similarly provide such, aids as decided by the Exe. Engineer , as are considered necessary for the & systematic execution of the work.

5. Where the proper measurement of work, it is necessary to have an initial set of levels taken, the same as recorded in the authorized field book y the Exe. Engineer or his authorized representative & will be signed by the contractor who will be entitled to have a true copy of the same on demand. Any failure on the part of the contractor to get such levels before starting the work will render him liable to accept the decision of the exe. Engineer as to the basis of taking measurements. Likewise the contractor will not cover any work which will render its subsequent measurement difficult or impossible, without first getting the same jointly measured by himself & the authorized representative of the Exe. Engineer. The record of such measurements on to Department’s side will be signed by the contractor & he will be entitled to have a true copy of the same on demand.

6. All work before being finally taken over by MIDC will be entire liability of the contractor for guarding, maintaining & making good any damage of any magnitude. Interim payments made for such work will not alter this position. The handing over by the contractor & taking over by the Exe. Engineer, or his authorized representative, will be always in writing, of which copies will go the Exe. Engineer, his authorized representative & the contractor. It is, however understood that before taking over such work, MIDC will not put it to its regular use distinct from casual/ incidental one. 7. Orders issued by the Superintending Engineer of MIDC by whatever designation he may be known from time to time regarding the conduct of the work shall be binding on the contractor.

8. As per Clause No. 41 of Conditions of Contract. 9. It will be deemed that the contractor before tendering has thoroughly inspected & investigated the work site & carried out his own investigations to arrive at the rates quoted in the tender. In this regard he will be given necessary information to the best of the knowledge of the Department but without any guarantee about its foolproofness.

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10. Excavation items include, if met with, dewatering, whether specified or not & the rates quoted are deemed to be inclusive of this. 11. The material supplied or used in the work under this contract shall be according to the following & other specifications herein the tender & those specified in the Standard Book of Specification for the relevant items. Where these two contradict, the former holds good. 12. The tendered rates for supply of materials are for delivery of materials properly stacked in regular heaps or otherwise as directed for facility of measurement before use. In case of road materials, the same shall be stacked by the road side as directed. 13. No material shall be removed from the road land, except for excavation of gutters, or any other adjoining land unless permitted in writing subject to such conditions as the Exe. Engineer may specify. The Contractor is liable for the damages / compensation arising out of disregard of this condition. 14. Materials shall not be stacked at places where they are likely to be damaged or lost. The contractor shall have no claim for any loss on this account. If such material has been paid for & is subsequently lost before use in the work, the contractor shall make good the loss.

15. Before stacking any approved material, the same shall be freed from all foreign materials, if any. The material shall be stacked on cleared & leveled ground. The size of the stacks shall be as approved by the Exe. Engineer & road metal & murum stacks for the same size will be adopted all over. Any rubble, oversize or size metal stacks shall not be of size less than 6 x 1.5m in plan & 1m in height. 16. The orders of collection & utilization of materials shall be decided by the Exe. Engineer/his authorised representative so as to ensure orderly work. 17. The materials shall be stacked in a natural way without any attempt whatever to leave voids.

18. The measurement of the road & building materials shall be without any deduction for voids.

19. For the items so indicated, no materials shall be used without first having been measured by regular stacks. The whole of the quantity of a particular material required for a sizable section of the work shall be first collected before it can be measured & used. The same material shall either be collected separately or the collection shall not be started at all unless the material collected in the section under reference has been all used.

20. All materials used & supplied under the contract items shall conform to the specifications in the Std. Book of Specification & those given herein, if any & in every case, a sufficiently large sample shall be got approved from the Exe. Engineer before hand, before bringing any further quantities on site for use on work & these samples shall be maintained for all the time for verification of material brought thereafter on the site.

21. Any material not conforming to the approved sample, shall be removed from the site forthwith & in any case not later than time specified by the Exe. Engineer, failing which the contractor, as the deems fit & the contractor will have no claim,

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 73

whatsoever for the same. If at any time it is found that inferior materials ( & also workmanship ) have been used in the work notwithstanding the fact that the work has been carried out under the supervision of the Department, the Exe. Engineer’s decision as to how the case is to be disposed off will be final, he may get such work entirely removed or may accept it at any reduced rate in his unfettered discretion, including no payment whatever.

22. The contractor will have to construct a shed for storing controlled & valuable materials issued to him under Schedule ‘A’ of th agreement, at work site, having double locking arrangement. The material shall be taken for use in the presence of the departmental person. No material will be allowed to be removed from site of work.

23. Under no circumstances shall any contractor be entitled to claim enhanced rates for any items in this contract. 24. The contractor shall study all the plans, specifications & other terms & conditions or the contract carefully before tendering & shall also inspect the site & get self acquainted with nature of work & local conditions regarding the availability of labour, material, source & sufficiency of water supply required for the execution of the work & site conditions, rivers, nallas, topography etc existing roads, means of communication & access to site of work etc.

25. The contractor shall submit, within one month from the date of work order of MIDC, designs & drawings to the Exe. Engineer. After getting the letter of approval of design from Exe. Engineer, the contractor shall at his own expensed clear the site & take up the provisional & final setting & carryout the work under the supervision of his responsible representative & shall provided necessary material, labour, tools, instruments etc. Required for the same. The line & setting out shall be done most accurately & it shall be the full responsibility of the work & if any time during the execution, any error appears/ arises, the same shall be rectified by the contractor at his own cost. The checking of any setting out/line/level by the Engineer shall not in any way absolve the contractor of his own responsibility for the correctness thereof. The contractor shall protect & preserve all benchmark, site rails etc used for setting out of the work. 26. The contractor shall, if necessary, construct temporary roads & maintain these in proper condition till the completion of work at his own cost. If necessary, he shall also at his own cost, make necessary arrangement for acquisition of land for construction of such temporary road or for any other purpose in connection with the execution of the work.

27. The contractor shall comply with all proper & legal orders & direction of the local / public authority / municipality & abide by their rules & regulations & pay all such fees & charges which he may be liable to. No reimbursement of such fees & charges will be made by MIDC.

28. The contractor shall inform the Engineer-in-charge in writing when any

portion of the work is ready for inspection giving him sufficient notice to enable him to inspect the same without regarding the further progress of work. The work shall not be considered to have been completed in accordance with terms of contract until the Engineer-in-charge shall have certified in writing to that effect.

29. If contractor desires to use any design/material / process covered by letter

‘Patent’ or ‘Copy Right’ , it shall be responsibility of the contractor to observe all legal formalities for the use of the same.

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Contractor Executive Engineer 74

30. In the event of there being reasonable doubt as to the quality of workmanship & material used in the construction, the Engineer-in-charge may order to the contractor to satisfy MIDC by carrying out suitable test of structure or part thereof. In the manner as prescribed in Clause on Page 53 of the Indian Std. Code for practice for PCC & RCC for general building construction & as per Std. Spct. Of Deptt. As may be approved by the Engineer-in-charge regarding the sufficiency wherever necessary at his own cost to the entire satisfaction of the Exe. Engineer.

31. All the laboratory equipment required for the field test of materials,

concrete, steel shall be arranged by contractor at his own cost. 32. The contractor shall take all precautions, due care against damage by

floods, rains, storms, out break of fire & accidents. No compensation will be allowed to the contractor for his plants/materials lost, damaged by way of the above cause or other causes which is in charge of the contractor.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 75

SCHEDULE ‘A’

Name of work : M & R to Water supply @ Old Jalna Indl. Area … Deepening of existing open wells with taking bore in Old Jalna I/A...

Schedule showing ( approx ) the material to be issued to the contractor for works to be executed on this contract, & the rate at which they are to be charged.

Sr. No.

Particulars Quantity Rate at which the Material is to be charged to the contractor with unit

Place of Delivery.

1 2 3 4 5

Terms and conditions for issue of materials under schedule ‘A’ are as under : 1) Materials required in excess of the quantity may or may not be supplied by the Deptt.

If not supplied to contractor should make his own arrangement to provide the same, for which no extra claims will be entertained.

2) All materials remaining unused after the completion of the work should be returned to

the Deptt store. For the material remaining unused and not returned, recovery will be effect at twice the issue rate of the material or the prevailing market rate at the time completion of work, whichever is higher.

3) Considerable delay in likely to occur in getting the material required to be conveyed

by rail. Whether such material are to be supplied by the Corporation or by the contractor himself. The contractor, therefore should submit indent for his requirement sufficiently in advance to allow for the period usually taken for supply of such material.

NIL

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Contractor Executive Engineer 76

No responsibility can be accepted for such delays in regard to supply of these materials. Every assistance will however be given to obtained the supplies as quickly as possible.

4) The contractor should check the materials before they are issued to him. Any

complaint after the material is once accepted by him will not be entertained. 5) The contractor should make is own arrangement for storing the materials issued to

him by contracting pucca shed which should be leak-proof and should protect moist climates.

6) All other materials not included in the above schedule will have to be procured by the contractors from the open market at their own cost.

7) The contractor shall maintain a regular account of consumption of the material issued

to humbly the Deptt either or cost or free of cost , and shall be produced when asked for.

8) All conveyance charges including loading and unloading operations for bringing the

materials issued from the place of delivery to the site of work should be borne by the contractor.

9) Weight of MS rounds that will be issued under schedule ‘A” will be computed on the

basis of following table. _______________________________________________________________

Dia or Bar weight in KG/Rmt length of bar _________________________________________________________________

6mm 0.22 8 mm 0.39 10 mm 0.62 12 mm 0.89 16 mm 1.58 18 mm 2.00 20 mm 2.46 22 mm 2.92 25 mm 3.85 28 mm 4.83 32 mm 6.31 36 mm 7.99 40 mm 9.87

in case of dispute or delegation in diameters computation weight shall be made at

rate of 0.785 kg per 89 centimeter or cross sectional area.

The issue of steel from the store stipulated in scheduled A shall be basis of length

of MS round measured in metric system to the nearest 10 mm km length. The Ms rounds

returned to Deptt stores shall be in the form of cut piece whole lengths remaining

unutilized and will be accepted as such piece if length one meter shall not be more than 1

percent stipulated above shall be treated as used in an unauthorized and wasteful

manner and recovery at double the issue rate or market rate, which ever is more shall be

effected for such wasteful use of steel.

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Contractor Executive Engineer 77

NAME OF WORK :- M & R to Water supply @ Old Jalna Indl. Area .. Deepening of existing open wells with taking bore in Old Jalna I/A...

SCHEDULE “ B”

QTY DESCRIPTION UNIT RATE AMOUNT

114.00

Item No. 1 Dismantling the MS Jali Cover from open well in Old Jalna Indl. Area.

Sqm. 80.00

( Rs. Eighty Only )

9120.00

114.00

Item No. 2 Fixing the MS Jali Cover from open well in Old Jalna Indl. Area.

Sqm

122.00 ( Rs. One hundred twenty two only )

13908.00

2.00

Item No. 3 Dismantling existing submersible pump/ eject pump with GI pipeline upto 2.00m depth( for additional depth of each three metre or part thereof add Rs. 50.00 per 3.00m in the rates ) 10.00 HP& 12.50HP Submersible pump motors on open well for depth 20.00m

No.

1008.00 ( Rs. One Thousand Eight Only )

2016.00

2.00

Item No. 4 Erecting submersible pump/ ejecto pump with GI pipeline on open well ( Labour rates only ) 10.00 HP& 12.50HP Submersible pumpmotors on open well for depth 20.00m & @ old area

No.

1190.00 ( Rs. One

Thousand One Hundred

Ninety Only )

2380.00

114.00

Item No. 5 Removing the sludge from effluent

sump or from any other ancillary

structure such as screen and grit

chambers, by mechanical means or

manually for all depths. Lift and lead

upto 100 m from the edge of sump or

structure including stacking the sludge

as directed. Item includes cost of all

mechanical equipments, labour, fuel,

safety devices, tools and plants.

Cum

310.00 (Rs. Three Hundred Ten

Only )

35340.00

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 78

QTY DESCRIPTION UNIT RATE AMOUNT

700.00

Item No. 6 Excavation for trenches, pits for pipe lines, foundations, column footings, drainage lines etc in hard rock, manjarya rock & laterite by chiselling, wedging, line drilling etc. including trimming and levelling the bed, removing the excavated materials upto a distance of 50 M beyond the edges of trenches / pits including the initial lift of 1.5 M, stacking as directed, de-watering back filling in layers, watering ramming etc. as required or as directed by Engineer In Charge, all labour and materials complete.

Cum

710.00 (Rs. Seven hundred ten

only )

497000.00

Item No. 7 Add for every additional lift of 1.5 M or part as per item Gen/A/5 above.

170.00 09.00 to 10.50 m depth Cum 96.00

(Rs. Ninety six Only)

16320.00

170.00 10.50 to 12.00 m depth Cum

112.00 (Rs. One

hundred twelve only)

19040.00

170.00 12.00 to 13.50 m depth Cum

128.00 (Rs. One Hundred

twenty eight only)

21760.00

170.00 13.50 to 15.00 m depth Cum

144.00 (Rs. One

hundred forty four only)

24480.00

180.00

Item No. 8 Digging of 150mm Dia bore well through all types of strata including all crafts , plant equipments, machinery & Labours up to required depth including transportation of machinery etc complete, b) Beyond 10 m.

Rmt

260.00 (Rs. Two

Hundred Sixty Only )

46800.00

Item No. 9 Providing & Making dewatering by 10 H.P. dewatering set with all accessories etc. complete

Lumsum

12375.00

Total Rs. 7,00,539.00

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 79

ITEMWISE SPECIFICATIONS Name of work : M & R to Water supply @ Old Jalna Indl. Area.. Deepening of existing open wells with taking bore in Old Jalna I/A... Item No. 1:

Dismantling the MS Jali Cover from open well in Old Jalna Indl. Area. General:- Item shall be executed as per item specification and as per direction Engineer

in Charge. The care shall be taken for all machinery , equipments, pipes, accessories ect.

Any damage and mishap shall be at the risk and cost of contractor.

Mode of Measurement and Payment : The payment will be made on Sqm. basis. Item No. 2:

Fixing the MS Jali Cover to open well in Old Jalna Indl. Area.

General:- Item shall be executed as per item specification and as per direction Engineer

in Charge. The care shall be taken for all machinery , equipments, pipes, accessories ect.

Any damage and mishap shall be at the risk and cost of contractor.

Mode of Measurement and Payment : The payment will be made on Sqm. basis. Item No. 3 :

Dismantling existing submersible pump/ eject pump with GI pipeline up to 2.00m depth

10 HP & 12.5 HP Submersible pump for 20 m depth. General:- Item shall be executed as per item specification and as per direction Engineer

in Charge. The care shall be taken for all machinery , equipments, pipes, accessories ect.

Any damage and mishap shall be at the risk and cost of contractor.

Mode of Measurement and Payment : The payment will be made on No. basis. Item No. 4 :

Erecting submersible pump/ eject pump with GI pipeline on open well (Labour

rates only )

General:- Item shall be executed as per item specification and as per direction Engineer

in Charge. The care shall be taken for all machinery , equipments, pipes, accessories ect.

Any damage and mishap shall be at the risk and cost of contractor.

Mode of Measurement and Payment : The payment will be made on No. basis

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Contractor Executive Engineer 80

Item No. 5: Removing the sludge from effluent sump or from any other ancillary structure such as

screen and grit chambers, by mechanical means or manually for all depths. Lift and lead

upto 100 m from the edge of sump or structure including stacking the sludge as directed.

Item includes cost of all mechanical equipments, labour, fuel, safety devices, tools and

plants.

General:- Item shall be executed as per item specification and as per direction Engineer

in Charge. The care shall be taken for all machinery , equipments, pipes, accessories ect.

Any damage and mishap shall be at the risk and cost of contractor.

Mode of Measurement and Payment : The payment will be made on Cum. Basis

Item No. 6:

Excavation for trenches, pits for pipe lines, foundations, column footings, drainage lines

etc in hard rock, manjarya rock & laterite by chiselling, wedging, line drilling etc. including

trimming and levelling the bed, removing the excavated materials upto a distance of 50 M

beyond the edges of trenches / pits including the initial lift of 1.5 M, stacking as directed,

de-watering back filling in layers, watering ramming etc. as required or as directed by

Engineer In Charge, all labour and materials complete.

b) Manjariya Rock

Specifications:

General: This item pertains to excavation in Hard rock of Laterite, Manjarya or of similar

type without blasting. When local conditions prevent the use of blasting, excavation shall

be done by chiselling, wedging or line drilling or as specified by the Engineer-in-Charge.

Site Preparation: Site preparation may not be required if the classified layer lies below

the item of excavation in soils and soft rock classified as per Item Gen/A/1 and Gen/A/3

respectively.

Excavation: The contractor shall excavate the hard rock by chiselling, wedging or line

drilling or as specified in the contract or as directed by the Engineer-in-Charge, as

required and as and remove all the material from the excavated area by using labour,

tools machinery and equipments most suitable for excavation of hard rock by chiselling

wedging and line drilling, .in wet or dry condition.

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Contractor Executive Engineer 81

The most suitable method to be adopted shall be got approved from the Engineer-in-

charge. The contractor may be permitted to use expanding compounds like “Acconex” or

equivalent in case he desires at no additional cost. Such use shall be permitted on case-

to-case basis and shall be carried out as per manufacturers instructions. In special cases

excavation may be carried out by using heating techniques. Contractors shall have to

take all precautions regarding fire and other hazards.

Foundation Preparation: In this classified strata, the foundation for column footing and

for structural components such as wall may be provided. Also the foundations for rafts,

embedment of pipelines for water supply or drainage or gas may be laid in this type of

classified soft rock. The foundation shall be cleared of all loose material and shall be

dressed by chiselling to the correct line and level. The contractor shall not excavate

below the line shown in the drawing or as directed. No foundation of any sort shall be laid

unless the Engineer-in-charge approves/passes the depth of excavation to lay foundation

and record the dimensions and elevations and types soils of the foundation pit, trench

excavated.

Shoring & strutting: The cost of shoring and strutting shall not be paid separately unless

provided in the contract. The type and designing of shoring shall be decided by the

contractor, and shall get approved from the Engineer in Charge.

Disposal of excavated material: All the material obtained from clearing the site or from

excavation shall be the absolute property of MIDC. All materials obtained from clearing

the site and excavation shall be disposed off or spread or stacked within a lead of 50

meters beyond the excavated area as directed by the Engineer in Charge. Materials

suitable for back-filling or other use shall be stacked at a convenient place within a lead of

50 meters as directed for refilling or reuse. No excavated material shall be kept within 1.5

m distance from the outer top edge to avoid the falling of the stuff in the pit or trench.

Surplus materials shall be used for levelling the ground around as directed within a lead

of 50 meters. If the surplus materials are required to be conveyed and used or stacked

beyond 50 meters contractor shall be paid for extra lead or the extra conveyance as per

the terms of contract..

Dewatering: It is the responsibility of the contractor to remove the water accumulated in

the pit or trench, from sub-soil water or from rains or from any other natural source, by

manually or by pumping out as required. Unless provided for in the contract separately,

no payment shall be made for bailing out the water. The contractor may be required to

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 82

provide temporary bunds, or provide bypass arrangements to avoid entering of water in

the excavation at his own cost. The drained water shall be properly disposed off, so as

not to cause any damages to the excavated area nor to the surrounding structures. The

contractor shall keep the excavated area dry for measurements and for laying of

foundation mortar or concrete.

Side Slips and Blows: Even after sufficient care of sides, slips or blows occur, they

shall be removed at contractor’s cost.

Backfilling: After excavation is completed, measurements recorded by the Engineer-in-

charge and the foundation raft or the pipeline is laid, all the shoring shall have to be

removed. The backfilling of the pit or trench to the original level or as shown in the

drawing or as directed shall be made from the selected excavated material stacked

separately for that purpose. The material shall be laid in layers of 15 to 20 cm in

thickness, watered and then rammed properly. The backfilling shall only be done after

receiving orders from the Engineer-in-charge and without damaging the foundation raft or

the pipeline etc.

Protective measures: All the excavated pits, trenches etc. shall be properly protected

from any accidents by providing strong fencing around. At night red lantern and

watchman shall be kept in proper position to indicate the danger zone. It is the

responsibility of the contractor to take the adequate protective measures and safety of the

excavation, people and workmen and surrounding properties and will have to bear the

damages if caused. All the cost of protective measures shall be included in the item rate.

Item to include: Excavation of trenches in hard rock of laterite or Manjarya type

classified material. The cost of drilling holes and use of expanding material or heating

process, with all labour, material and tools and equipments and responsibility are

included in the contract rate of this item. The lift for excavation upto 1.5 m is covered by

this item. The additional lifts shall be paid under Item No. Gen/A/8. The lead beyond 50 m

shall be paid extra under Item No. Gen/A/9.

Mode of measurement and payment: The measurements of the original ground

profiles at selected locations shall be taken after clearing the site. The measurements of

the final excavated profile shall be taken if the excavation is less or more as directed by

the Engineer-in-charge or shall be measured as per drawings. Excess excavation shall be

recorded but shall be paid to the limited quantity as explained above. The quantity shall

be measured in cubic meters and paid at the rate as per the contract agreement.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (A Government of Maharashtra Undertaking)

Contractor Executive Engineer 83

Deductions for voids shall be made @ 40% if quantity paid on stack measurements. The

size of stacks shall be 3.0 m X 2.0 m X 1.0 m size preferably.

Item No. 7: Add for every additional lift of 1.5 m or part as per items Gen/A/5 above.

Specifications: This item refers to additional rate for payment of Item No.Gen/A/5, for

every additional lift of 1.5 m or part thereof, over the initial lift of 1.5

m. It is clarified that all excavations beyond initial depth of 1.5 m shall

be paid under this item.

Mode of Measurement : The measurement for final excavation done

and recorded under Item No.Gen/A/5 for every additional lift of 1.5 m

or part thereof, over the initial lift of 1.5 m shall be paid in cubic

meters and paid at the rate as per the contract agreement.

Item No. 8 :

Digging of 150mm Dia bore well through all types of strata including all crafts , plant

equipments, machinery & Labours up to required depth including transportation of

machinery etc complete

a) Beyond 10 m.

Specifications:

General : The item refers to digging of 150 mm Dia. Bore well through all types of strata

including all crafts, plant equipments, machinery& Labours up to required depth including

transportation of machinery etc complete in Open well as well as on ground.

Mode of Measurement: The contractor rate shall be per Rmt.

Item No. 9:

Providing & Making dewatering by 10 H.P. dewatering set with all accessories etc.

complete

General:- Item shall be executed as per item specification and as per direction Engineer

in Charge. The care shall be taken for all machinery , equipments, pipes, accessories ect.

Any damage and mishap shall be at the risk and cost of contractor.

Mode of Measurement and Payment : The payment will be made on Lumsum. basis