For Authorized Use only

MADHA NAGARPANCHYAT,MADHA

B- 1 TENDER

[B-1/ For 2023-2024]

TENDER NOTICE NO- MCMADHA/01/2024
//

Office of The
MADHA NAGARPANCHYAT,MADHA
 MADHA NAGARPANCHYAT,MADHA
INVITATION FOR TENDERS
DETAILED TENDER NOTICE
NAME OF WORK: AS PER NIT

Sealed percentage rate tenders in 'B-1' Form are invited by the Chief Officer,
Madha Nagarpanchyat,Madha Tal. Madha Dist. Solapur for the following work from
Contractors registered in appropriateclass of the Public Works Department of Maharashtra
State. The name of work, estimated cost, earnest money, security deposit, time limit for
completion etc. are as under. (see NIT and Tender Document also for all details)

Security
Sr. Estimated Earnest Class of Time limit in DLP
Deposit
No. Cost Money Contractor Tender
(Rupees)
(Rupees) (Rupees) (Calendar
Months)
INITIAL
1 AS PER NIT AS PER
AS PER NIT 1% &9% AS PER NIT One Year
NIT
from bill From
Completion
of Work
 TENDERING PROCEDURE.

1.1(A) Blank Tender Forms.

1.2. All tenderers are cautioned that tenders containing any deviation from the contractual terms and
conditions, specifications or other requirements and conditional tenders will be treated as non-
responsive. The contractor should clearly mention in forwarding letter that his offer (in envelope No.1
does not contain any conditions, deviations from terms and conditions stipulated in the tender.

1.3 Manner of Submission of tender and its accompaniments:

: The tenderer shall submit the tender documents in one sealed envelopes No .1 With Submission
Online as below:

(A) Civil Works

1.4 ENVELOPE NO.1: (Documents)

The first envelope clearly marked as “Envelope No.1” shall contain the following documents:

1.4.1 The receipt amount of earnest money in the Form of Online nationalize bank.
1.4.2 Valid certificate as a Registered Contractor with PWD/MJP in appropriate class as may be
applicable in original or attested copy thereof (Attested by a Gazette Officer).
1.4.3 GST (Goods and Service Tax) Act, 2017 have come into force with effect from
1st July 2017. Accordingly, there is change in the indirect tax regime and the tax rates. State
taxes/central taxes which are subsumed within the GST include central Excise Duty, State VAT,
central sales tax, purchase tax etc. As per the circular of finance Department, Government of
Maharashtra GST-1017/pra.kra.81/ karadan-1 dated 19.08.2017, Sr. No-1 it is expected from the
Agencies that the rates quoted by them should be inclusive of all taxes including GST etc. and
the Government will not accept any claim on account of GST.
It is mandatory for the bidders to register themselves under GST and the documentary proof
should be submitted in Envelop-1.
1.4.4 The copy of PAN Card and Income Tax Clearance Certificate of last three years.

1.4.5 The list of Machinery and plants immediately available with the tenderer for use on this work.
Contractor/Bidder should have own Bitumen/Ready Mix Concrete Batching Plant or Live
Agreement of with concern Bitumen/RMC Batching Plant owner, plant location should be within
30 km radius from Madha nagarpanchyat Certified by Nagarpanchyat Civil/City Engineer.
1.4.6 Proof of a p p o i n t m e n t o f employees including and technical personnel by way
of validProfessional Tax Registration certificate in form PTR/PTEC under section (I) of section
5 of Maharashtra Sales Tax on Profession, Trade, Callings and employment Act,1975, rule
3(2) from the Professional Tax Officer of the concerned District in Maharashtra. The
Professional Tax Clearance Certificate with list of Employees duly attested by Professional Tax
Officer shall be enclosed. Insurance Clearance, Labour Registration Certificate,
1.4.7 Bid Capcity certified by registered Character Accountant.
1.4.8 Details of work done during last three years with the value of work unfinished.
1.4.9 Details of work of similar type and similar magnitude carried out by the contractor. (During
lastyears) The Certificates should be signed by the Authority with whom the contractor has
executed the work
1.4.10 Details of list of works in hand and works tendered for.
1.4.11 Details of Technical Personnel on the rolls of the tenderer.
1.4.12 Certified copy of Partnership Deed and Power of Attorney, in case of a firm tendering for work.
(True copy attested by a Gazetted Officer).
1.4.13 All the documents submitted online must be Original Scan copies or if its Xerox copies, which
must be all attested copies.
1.4.14 Appendix A and Appendix E, F and G
1.4.15 EPF and ESIC Registration and other related documents.
1.4.16 The contractor shall produce the Labour License and Labour insurance policy, else 1%
Amount will be deducted from his first R. A. Bill.
1.4.17 PARISHAST ‘A’ on five hundred rupees bond
1.4.18 Declaration of Non Blacklisted anywhere and all submitted documents are true five hundred
rupees bond

1.4.19 Index of all technical documents submitted in folder one i.e Technical Envelope

1.4.20 . Bidder should submit one hard copy of all documents to Nagarpanchyat Madha within 48 hrs
form last submission date/time.
 Envelope No.2 (Financial Bid)
1.5 . BOQ (Bill of Quantities) and

1.6 ADDITIONAL DD AS PERFORMANCE SECURITY FOR THE PERFORMANCE

OF WORK TENDERED BELOW PERCENTAGE
In case of contractors bid lower than estimated amount put to tender, following procedure
shall be adopted. Contractor shall have to submit the scanned copy of demand Draft in
envelop 2 amounting to rupees as given below, drawn from Nationalized or Scheduled Bank
payable at Madha Nagarpanchyat The validity of D.D. shall be for 3 months from the last
date of submission of tender. The MICR & IFS Code of the issuing bank shall be printed on
the D.D. Non submission of the scanned copy of D.D. as stated above (in case of contractors
offer is below than estimated amount put to tender) contractors offer shall not be considered
& shall be rejected.

Details of amount of Performance Security shall be as below-

1) For bids, if the tender offer quoted as 1 to 10% below the tendered amount, thenperformance
security shall be 1% of estimated amount put to tender(No PSD for rate quoted below 1%).

2) For bids, if the tender offer quoted more than 10% below the tendered amount, then
performance security shall be 1% plus the percentage by which tender offer is more than 10%
below, of estimated amount put to tender (e.g. if the quoted amount is 14% below, then the
performance security shall be 1% plus 4% (= 14% - 10%), total of 5% of estimated amount
put to tender. (As per G.R. No. BDG-2016/ CASE No.2/ BLDG-2/ Dated 12/2/2016) The
original D.D. or bank guarantee (valid till one month more than DLP) in sealed envelope with
the Name of Work & Tender No. written on it, shall be submitted to the
Chief Officer, NAGAR PANCHYAT MADHA NAGARPANCHYAT before last date of
opening of tender. In case of submission of false document/ D.D. action shall be taken against
the contractor as stipulated in above mentioned.

1.6.1 QUALIFYING CRITERIA

Note 1:Documents as mentioned in Envelope No.1 only. In absence of these certificates Envelope
No.2(Financial Bid) shall not be opened.

Note 2:Signature of the officer checking / issuing requisite certificate should concern officer.

Note 3:Form No. I to VII on)

All these statements shall be filled in and signed properly. If these Form are found incomplete,
incorrect, kept blank or wrongly filled, Contractor’s envelope No.2 (financial bid) will not be opened
and his offer will be summarily rejected.

Note 4:The abstract of information in Form V on (Form showing work done in all classes of civilengineering
construction works during last three years) shall be given in Form VI in the pro-forma enclosed on
The abstracted Form (need to be signed by the tenderer or holder of his power of attorney.

(e) Bidders who meet the minimum qualification criteria will be qualified only if their available bid
capacity is more than the total bid value. The available bid capacity will be calculated as under: -
Assessed Available Bid Capacity = [(A x N x 1.5) -B]
Where ……
 A =maximum value of civil engineering works executed in any one year as a prime
contractorduring the last three years (updated to 2021 -2022) taking into account the
completed works as well as completed value of works in progress.

N = Number of years prescribed for completion of the work for which bids are invited.

B =Value as 2021-2022 price level of existing commitments and ongoing works to be

completedduring next 6 months (Period of completion of the work for which the bids are
invited)

Note: The statement showing the value of existing commitments and ongoing work as well as the
stipulated period of completion remaining for each of the works listed should be countersigned by the
officer not below the rank of the Deputy Engineer / Divisional
Accounts Officer and Bid capacity statement of the contractor
should be got certified from the Chartered Accountant.

1.6.2 SUBMISSION OF TENDER AND ITS ACCOMPANIMENTS ELECTRICAL AND ALLIED

WORKS SPECIAL ATTENTION TO CONTRACTOR

1 IF the contract includes works of electrical installation with Civil work the civil contractor
should have concerned registrations.
2 Agencies not having the registration for carrying out above mentioned electrical and allied
works may go for duly registered Joint Ventures with concern contractors such as ‘D’ Class
and above electrical contractor registered with Maharashtra State P.W. Deptt. (For Electrical
Works) contractor registered with Chief Engineer (Electrical) P.W.D.
3 While submitting the tender, agency should submit the consent letters to concern electrical and
allied agencies with whom he has proposed to execute the work and consent letter should be
enclosed in Envelope No.1
4 Submit the agreement of duly registered Joint Venture with ‘D’ Class and above Electrical
Contractor from whom the consent letter were already taken and submitted in Envelope No.1.
These Joint Venture Documents should be submitted before issue of work order and complete
document is to be got checked and verified from concern Executive Engineer (Electrical) in
stipulated period. However the responsibility of complete work (Civil, Electric and Allied
Works) will lie with Civil contractor only.
5 The agency making Joint Venture shall not be allowed to change the sub contracted agency.
 6 The deposit of 10 % Security Deposit for one year as per tender clause.
7 Successful tenderer has to furnish copies of original bills of purchase of material with detail of
taxes against this tender work to the Chief Officer. These are required for verifying the
geniuses of material and proof of purchase in the interest of Government work.

6 The deposit of 10 % Security Deposit for one year as per tender clause.

7 Successful tenderer has to furnish copies of original bills of purchase of material with detail of
taxes against this tender work to the Chief Officer. These are required for verifying the
geniuses of material and proof of purchase in the interest of Government work.

8 The makes mentioned in the schedule for various items shall not be changed. If any
unavoidable condition arises in the deviation in makes or change of sub agency should be got
approved from Chief Officer or his representative.

9 The excess quantity, extra items will governed by rules under PWD manual however price
escalation clause will be not applicable.

10 There is not variation or correction in submitted DTP.

1.6.3 The contractor shall submit an affidavit regarding completeness, correctness and truthfulness of
documents and there is no any (Direct or indirect relationship with Members of NAGAR PANCHYAT
MADHA ) submitted in Envelope No.1

1.6.4 All the documents from Sr.No. 1.4.1 to 1.4.15 shall be given by contractor in Envelope No.1
correctly and completely otherwise his Envelope No.2 will not be opened.
Even though the Bidder meets the above qualifying criteria, they are subject to be disqualified if they
have made Misleading or false representations in the Statements attachments submitted in proof of the
qualification requirements.
And / or
Record of poor performance such as abandoning the works, not properly completing the contract,
inordinate delays in completion, litigation history or financial failures etc.

1.6.5 All corresponding paras pertaining to the tender related subject to Maharashtra P. W. Manual shall be
applicable to this tender.

1.6.6 Defect liability period for this work is as per PWD GR NO - 201901141237173518, dated 14th
January, 2019.

1.7 OPENING OF TENDERS:

On the date, specified in the Tender Notice, following procedure will be adopted for opening of the
Tender.

(A) ENVELOPE NO.1:- (Documents)

First of all Envelope No.1 of the tender will be opened to verify its contents as per requirements. If the
various documents contained in this envelope do not meet the requirements of the Department, a note
will be recorded accordingly by the tender opening authority and the said tenderer’s Envelope No.2 will
not be considered for further action and the same will be recorded.

The decision of the tender opening authority in this regard will be final and binding on the
contractors.

(B) ENVELOPE NO.2: (Financial Bid)

a) This envelope shall be opened immediately after opening of Envelope No.1, only if contents of
Envelope No.1 are found to be acceptable to the Department.
b) The tendered rates in Schedule ‘B’ orpercentage above / below the estimated rates shall then be read
out.in the presence of bidders who remain present at the time of opening of Envelope No.2.
1.8 EARNEST MONEY:
As shown on page No.4 Earnest Money should be paid in the form of D.D of any nationalised bank.
enclosed with the tender. Earnest money in the form of cheque or cash will not be accepted. The earnest
money will be refunded in due course in case of tenderers whose tenders are not accepted. In case of
successful tenderer, the Earnest money will be refunded after recovering initial security deposit and
completion of contract documents by the Tenderer. The amount of Earnest Money will be forfeited to
Government in case the successful contractor does not pay the amount of initial security deposit within
specified time limit.

1.9 SECURITY DEPOSIT:

The successful tenderer shall have to pay 10 % the security deposit bills at the percentage as shown in
item(s) of the Memorandum in printed B-1 form or as may be decided by the Chief Officer during
course of execution of the work looking to the position and circumstances that may prevail, whose
orders will be final and binding on the contractor.

1.18 POWER OF ATTORNEY:

If the tenderers are a firm or company, they should in their forwarding letter mention the names of all
the partners together with the name of the person who holds the power of Attorney, authorizing him to
conduct all transactions on behalf of the body, alongwith the tender.

1.19 The tenderer may, in the forwarding letter, mention any points he may wish to make clear but the right
is reserved to reject the same or the whole of the tender if the same becomes conditional tender thereby.

1.20 The contractor or the firms tendering for the work shall inform the Department if they appoint their
authorized Agent on the work.

1.21 No foreign exchange will be released by the Department for the purchase of plants and machinery for
the work by the Contractor.

1.22 Any dues arising out of contract will be recovered from the contractor as arrears of Land Revenue, if
not paid amicably. Moreover, recovery of Government dues from the Contractors will be effected from
the payment due to the Contractor from any other Government works under execution with them.

1.23 All pages of tender documents, conditions, specifications, correction slips etc. shall be initialled by the
tenderer. The tender should bear full signature of the tenderer, or his authorized power of Attorney
holder in case of a firm.

1.24 The Income Tax at 2.30 % including surcharge or percentage in force from time to time or at the rate as
intimated by the competent Income Tax authority shall be deducted from bill amount whether measured
bill, advance payment or secured advance.

1.25 The successful tenderer will be required to produce, to the satisfaction of the specified concerned
authority a valid concurrent license issued in his favour under the provisions of the Contract Labour
(Regulation and Abolition) Act 1970 for starting the work. On failure to do so, the acceptance of the
tender shall be liable to be withdrawn and also liable for forfeiture of the earnest money.

1.26 The tenderer shall submit the list of apprentices engaged by the Contractor under Apprentice Act.

1.27 VALIDITY PERIOD:

The offer shall remain open for acceptance for minimum period of 90 days from the Date of opening of
Envelope No.2 (Financial Bid) and thereafter until it is withdrawn by the contractor by notice in
writing duly addressed to the authority opening the tender and sent by Registered
PostAcknowledgment due
 APPENDIX ‘A’

ि◌त◌
◌ ◌ाप◌

(Should be Submitted on Rs. 500 Stamp Paper)

मी/आ ही या दारे नमूद करतो कᳱ महारा᳦ गरपᳯरषद नगरपंचायती व औh◌ोि◌गक

, ,

नगरी िअिधनयम1965 चे कलम 16(1)(आय)व कलम 44(1) (ब)तरतुदी᭒या ᭒या खाली

पRदत के ले या आहेत, माि◌हती आहे िआण गंभीरपणे नमूद करतो कᳱ,

नगरपᳯरषदे ची क
᳴ वा नगरपᳯरषदे ᭒या िअधन क
᳴ वा नगरपᳯरषदे ने क
᳴ वा नगरपᳯरषदे ᭒या

वतीने कर यात येणा÷या संि◌वदे मRये नगरपᳯरषदे ᭒या कोण:याही नगरसेवकाचा

कोणताही ि◌ह3सा ि◌हतसंबंध

᳴कवा आम᭒याशी भागीदारी नाही.

कलम आय) या पूढे तरतुद के ली असेल:या ᳞ि◌तᳯरᲦ नगरपᳯरषदे ᭒या आदे शावᱨन

के ले या कोण:याही कामात ᳴कवा नगरपᳯरषदे शी ᳴कवा नगरपᳯरषदे ᭒या िअधन ᳴कवा

नगरपᳯरषदे ने ᳴कवा नगरपᳯरषदे ᭒या वतीने के ले या कोण:याही संि◌वदे त, ि◌जचा

3वत: ᳴कवा आप या भागीदारा माफ´ त ◌:य◌ क

᳴ वा अ◌:य◌ र:या
ᳯ कोणताही ि◌ह3सा क
᳴ वा

ि◌हतसंबंध असेल.

कलम ब):-पाि◌लका सद3य हणून ᳴कवा नगरपᳯरषदे ᭒या कोण:याही िसमतीचा

सद3य हणून ᭒या कोण:याही बाबतीत कलम 16 चे पोट कलम(3), खंड(अ), (ब),(क)

व(ग) मRये वण´न के या ◌माणे :याचा क

᳴ वा :यांचा भागीदाराचा ◌ य: ◌ क
᳴ वा

अ◌:य◌ रतीने
ᳯ कोणताही ि◌ह3सा क
᳴ वाि◌हतसंबंध असेल, मग अशा

ि◌ह◌याची ᳴कवा

ि◌हतसंबंधाची क
᳴ मतकाहीही असो क
᳴ वा जीत:याचा अशीला᭒या, ◌क:या´᭒या क
᳴ वा

Ღ
᳞ ᳱ᭒या वतीने ᳞वसाि◌यक ᳥या :याचा ि◌ह3सा ᳴कवा ि◌हतसंबंध असेल अशा

कोण:याही बाबतीत मतदान करील.

ि◌िनवदाधारकाचे नांव :
संपूण´ पᱫ◌ा :
ि◌िनवदाधारकाची 3वा◌
री:

सा◌◌ीदाराचे नांव :----------------------------------------------------------------

संपूण´ पᱫ◌ा :

सा◌◌ीदाराची 3वा◌री :

ᳰदनांक :
 APPENDIX ‘E’

DECLARATION OF THE CONTRACTOR

(Should be Submitted on Rs. 100 Stamp Paper)

1. I/We underscore the importance of a free, fair and competitive procurement process that
precludes fraudulent use. In this respect we have neither offered nor granted, directly or indirectly,
any inadmissible advantages to any public servants or other persons in connection with our bid,
nor will we offer or grant any such incentives or conditions in the present procurement process or,
in the event that we are awarded the contract, in the subsequent execution of the contract.
2. I/We Contractor
(s) hereby undertake that I / We shall pay the labourers engaged on the work under
this Contract, their wages as per Minimum Wages Act. 1948 and amendments
thereto, applicable to the zone in which the work lies and act accordingly. I/ We also
undertake to abide by the various laws in force and extend necessary facilities and
amenities to the staff and workers employed by me /us.
3. I/We hereby declare that I/We have made myself/ourselves/thoroughly conversant
with the local conditions regarding all construction materials such as stone, sand,
surkhi, soil, murum, etc. and labour on which I/We have bid my/our rates for this
work. The specifications of this work have been carefully studied and understood by
me/us before submitting this Tender.
4. I/We hereby undertake to indemnify and hereby indemnify the Government against
all liabilities arising out of application of all labour laws viz. the minimum wages
act, ESIS and PF Act etc. with reference to labour engaged on subject work.
5. All leads and lifts charges for the procurement, excavation, utilization and disposal
of the various construction materials required are included in the rates of items under
the Contract, and it is clear to me/us unconditionally. No claim for lead and lift will
be admissible by me/us and I/we give an undertaking that no claim will be submitted
by me/us in this regard.
6. I/We will inform our staff about their respective obligations and in particular about
their obligations to fulfil this Declaration and to obey the laws of India and State of
Maharashtra.

SIGNATURE OF CONTRACTOR
 APPENDIX ‘F’

Affidavit (on Rs.500/- Stamp Paper)

I .................................................... age.........................................address
........................................ (Authorized signatory to sign the contract),
hereby submit, vide this affidavit in truth, that I am the owner of the
contracting firm .................................................... /
authorized signatory and I am submitting the documents in envelope
no.1 for the purpose ofscrutiny of the contract. I hereby agree to the
conditions mentioned below: -

1. I am liable for action under Indian Penal Code for submission of any
false / fraudulentpaper / information submitted in envelope no.1.

2. I am liable for action under Indian Penal Code if during contract

period and defect
liability period, any false information, false bill of purchases supporting
proof ofpurchase, proof of testing submitted by my staff, subletting
company or by myself, Iwill be liable for action under Indian Penal
Code.

3. I am liable for action under Indian Penal Code if any paper is found
false / fraudulentduring contract period and even after the completion of
contract (finalisation of final bill).

(Signature of contractor)
(seal of company)
 APPENDIX - 'G'

UNDERTAKING

(Should be submitted on Bidders own letterhead)

I / We
Address

do hereby give undertaking that:

I /We have submitting the tender of -----------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------
I /We will not be tampering or changes made in the documents made available by the department,
on the web-site.
If any controversy arises, documents on web-site of Government of Maharashtra shall be
deemed final and binding on me/us and the same shall be part and parcel of the tender
documents.
If it is seen that, I / We have tampered or changes made in the tender documents made
available by the Department, on the web-site then I/We may be prosecuted as per the law.
 FORM

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS

DEPARTMENT : NAGAR PANCHYAT MADHA .

NAME OF WORK AS PER NIT

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 pasted
on a board hung up in the office of the Chief Officer and signed by the Chief Officer, NAGAR PANCHYAT
MADHA Dist. SOLAPUR

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. Copies of the specifications, designs and drawings and estimated rates, schedule
rates and any other documents required in connection with the work shall be signed by the Chief Officer for the
purpose of identification and shall also be open for inspection to contractors in the office of Chief Officer during
office hours.

Where the works are proposed to be executed according to the specifications recommended to a
contractor and approved by a competent authority on behalf of the Governor of Maharashtra, such specifications
with designs and drawings shall form part of the accepted tender.

2. In the event of the tender being submitted by a firm, it must be signed separately by each partner
thereof, and in the event of the absence of any partner, it shall be signed on his behalf by a person holding a
power of attorney authorizing him to do so.

* Strike out which is not required.

 II) In the event of his tender being accepted, subject to the provisions of sub-clause(iii) below, the said
amount of earnest money shall be appropriated towards the amount of security deposit payable by him
under the General Conditions of contract.

III) If, after submitting the tender, the contractor withdraws his offer or modifies the same, or if, after
the acceptance of his tender the contractor fails or neglects to furnish the balance of security deposit,
within 10 days from receipt of acceptance letter without prejudice to any other rights and powers of the
Government, hereunder, or in law, Government shall be entitled to forfeit the full amount of the earnest
money deposited by him.

IV) In the event of the tender not being accepted, the amount of earnest money deposited by
thecontractor shall, unless it is prior thereto forfeited under the provisions of sub-clause (iii) above, be
refunded to him on passing receipt therefor.

(B. & C. Dept. Resolution No. CAT - 1272 / 44277 -Q Dt. 3-3-73.)

3. Receipts for payments made on account of any work, when executed by a firm, should also be signed
by all the partners except where the contractors are described in their tender as a firm, in which case the
receipt shall be signed in the name of the firm by one of the partners, or by some other person having
authority to give effectual receipts for the firm.

4. Any person who submits a tender shall fill up the usual printed form stating at what percentage above
or below the rates specified in Schedule B (Memorandum showing items of work to be carried out) he
is willing to undertake the work. Only one rate or such percentage on all the Estimated rates/Schedule
rates shall be stated. 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 for rejection. No printed form of tender shall include a tender for more than
one work, but if contractor wishes to tender for two or more works, he shall submit a separate tender
for each work. Tender shall have the name and number of the work to which it refers written outside
the envelope.

5. The Chief Officer or his duly authorized Assistant shall open tenders in the presence of contractors who
have submitted tenders or their representatives who may be present at the time, and he will enter the
amounts of the several tenders in a comparative statement in a suitable form. In the event of a tender
being accepted, the contractor shall for the purpose of identification, sign copies of the specifications
and other documents mentioned in Rule 1. In the event of tender being rejected, the Divisional officer
shall authorize the Treasury Officer concerned to refund the amount of the earnest money deposited to
the contractor submitting the tender, on his giving a receipt for the return of the money.

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 Government unless it is signed by
the Chief Officer.

8. All work shall be measured net by standard measures and according to the Rules and customs of the
Public Works Department and their rates shall be without references to any local custom.

9. Under no circumstances shall any contractor be entitled to claim enhanced rates for any item in this
contract.

10. All corrections and additions or pasted slips should be initialled.

11. The measurements of work shall be taken according to the usual methods in use in the Public Works
Department and no proposals to adopt alternative methods shall be accepted. The Chief Officer’s
decision as to what is “the usual method in use in the Public Works Department” shall be final.

12. The tendering Contractor shall furnish a declaration along with the tender showing all works for
which he has already entered into contract and the value of the work that remains to be executed in
each case on the date of submitting the tender.

13. No foreign exchange would be released by the Department for the purchase of plant and machinery
required for the execution of the work contracted for.

(GCD/PWD/CFM/1058/62517 OF 26.5.1959)

14. The contractor shall have to construct shed for storing controlled and valuable material isbrought by
the contractor at work site having double locking arrangement at contractor’s cost. The materials
shall then be taken for use in the presence of the Departmental person. No material shall be allowed
to be removed from the site of works.

15. The contractors shall also give a list of machinery in their possession, which they propose to use on
the work.

16. Successful tenderer shall have to produce to the satisfaction of the accepting authority a valid and
current license issued in his favour under the provisions of Contract Labour (Regulation and Abolition) Act,
1973 before starting the work. Failing which, acceptance of the tender shall be liable for withdrawal and
earnest money shall be forfeited to the Government (refer Government of Maharashtra, Irrigation and
Power Department’s letter No. Lab 1076h181/(666E-17), dated 8/9/1976.)

17. The contractor shall comply with the provisions of Apprentices Act,1961 and the rules and orders
issued thereunder from time to time. If he fails to do so, his failure shall be breach of the contract and
the Chief Engineer Chief Officer, may in his discretion cancel the contract. The contractor shall also
be liable for any pecuniary liability arising on account of any violation by him of the provisions of
the said Act.
 ABSTRACT

Please find separate attachment.

 NAGAR PANCHYAT MADHA .

RECAPUTULATION SHEET
Sr. Name of work Amount
No.
1. -

CONDITIONS:
1. The Contractor Should complete the work of each sub-work within the stipulated time
as shown in the bar chart without fail.
2. The Contractor shall remobilize all machinery, labour etc. On the any sub-work
mentioned above at any time as directed by Engineer – in - charge and will have to
complete the sub-work within the stipulated time as shown in the bar –chart without
fail.
3. Micro planning of each sub-work will be given to the successful contractor at the time
of issuing the work order and contractor has to be carryout the work accordingly.
4. Before procuring any material like Machinery the contractor will have to take the
permission from the NAGAR PANCHYAT MADHA Officer in written.
5. Materials which are brought on site without prior permission of NAGAR
PANCHYAT MADHA Officer will not be considered for payment purpose.
 TENDER FOR WORK

MEMORANDUM
Name of Work- AS PER NIT

.
B) Estimated Cost :
C) Earnest Money :
D) Security Deposit

i) To be deducted from : INITIAL 1 % $ 9 % FROM BILLS

E) Percentage, if any to be deducted from

bills so as to make up the total amount
required as security deposit by the time,
half the work as measured by the costs
is done 10 % (Ten PERCENT)
F) Time allowed for the work from the date
of written order to commence.

2. I/We agree that the offer shall remain open for acceptance for a minimum period
of 90 days from the date fixed for opening of envelope No.2 (Financial Bid) and thereafter
until it is withdrawn by me/ us by notice in writing duly addressed to the authority
opening the tenders and sent by registered post A.D. or otherwise delivered at the office of
such authority. Treasury Bank Challan No. and date or Deposit at Call Receipt No.
and date in respect of the sum of Rs. (in words Rs.
only) representing the earnest money is herewith forwarded. The
amount of earnest money shall not bear interest and shall be liable to be forfeited to the
Government, should I/We fail to (I) abide by the stipulation to keep the offer open for the
period mentioned above or (II) Sign and complete the contract documents as required by
the Engineer and furnish the security deposit as specified in item (d) of the memorandum
contained in paragraph (1) above within the time limit laid down in clause (1) of the
A) If several sub works
annexed General Conditions of contract. The amount of earnest money may be adjusted are included they should
towards the security deposit or refunded to me/us if so, desired by me/ us in writing, unless be detailed in a separate
the same or any part thereof has been forfeited as aforesaid. list.

3. I/We have secured exemption from payment of earnest money after executing the
necessary bond in favour of the Government, a true copy of which is enclosed herewith.
Should any occasion for forfeiture of earnest-
C) The amount of
earnest money to be
deposited shall be in
accordance with the
provisions of paras 206
& 207 of the M.P.W.
manual.

D) This deposit shall be

in accordance with
paras 213 & 214 of the
M.P.W. Manual.

E) This percentage
where necessary deposit
is taken will vary from 5
percent to 10 percent
according to the
requirements of the
case. Where security
deposit is taken see note
1 to clause 1 of
conditions of contract.

F) Give schedule where

necessary, showing
dates by which the
various items are to be
completed.
money for this work arise due to failure on my/our part to (i) abide by the
stipulations to keep the offer open for the period mentioned above or (ii) sign and
complete the contract documents and furnish the security deposit as specified in
item (d) of the Memorandum contained in paragraph (1) above within the time
limit laid down in clause (1) of the annexed General Conditions of Contract, the
amount payable by me/us may, at the option of the Engineer, be recovered out of
the amount deposited in lump sum for securing exemption in so far as the same
may extend in terms of the said bond and in the event of the deficiency out of any
other payments which are due or payable to me/us by the Government under any
other contract or transaction of any nature whatsoever or otherwise.

4. Should this tender be accepted I/We hereby agree to abide by and fulfill
all the terms, and provisions of the conditions of contract annexed hereto so far as
applicable, and in default thereof to forfeit and pay to Government the sums of
money mentioned in the said conditions.

Contractor :

Address :

Dated The day of 2022

Signature of Contractor
(Witness) $ : before submission of the
tender
Address :

(Occupation) :

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

Governor of Maharashtra.
$ Signature of witness to

contractor’s signature
Dated day of 2022 Chief Officer

* Signature of the officer

Clause 2:- “The time allowed for carrying out the work as entered in the tender Compensation for delay
shall be strictly observed by the Contractor and shall be reckoned from the date
on which the order to commence the work is given to the Contractor. The work
shall through the stipulated period of the contract be proceeded with, with all due
diligence (time being deemed to be the essence of the contract on the part of the
Contractor) and Contractor shall pay as compensation an amount equal to one
percent or such smaller amount as the Chief Officer (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 un-commenced, or
unfinished after the proposed dates . And further to ensure good progress during
execution of the work, the contractor shall be bound in all cases in which the time
allowed for any work exceeds one month to complete.

25 % of the work in **1/4 of the time

50 % of the work in 1/2 of the time

100 % of the work in 03 Months.

In the event of the contractor failing to comply with this condition he shall be
liable to pay as compensation an amount equal to one percent or such smaller
amount as Chief Officer (whose decision in writing shall be final) may decide of
the said estimated cost of the whole work for every day that due quantity, of work
remains incomplete. Provided always that the total amount of compensation to be
paid under the provisions of this clause shall not exceed 10 per cent of the
estimated cost of the work as shown in the tender. Chief Officer shall be the final
authority in this respect, irrespective of the fact that the tender is accepted by
Chief Engineer/ Chief Officer / Chief Officer.
Clause 3:- In any case in which under any clause of this contract the
contractorshall 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 the case of abandonment of the work owing to serious illness
or death of the contractor or any other cause, the Engineer, on behalf of the
Governor of Maharashtra, shall have power to adopt any of the following
courses, as he may deem best suited to the interest of Government :-

(A) To rescind the contract (for which rescission notice in writing to the
contractor under the hand of Chief Officer shall be conclusive evidence) and in
that case the security deposit of the contractor shall stand forfeited and be
absolutely at the disposal of Government.

(B) To carry out the work or any part of the work departmentally debiting the
contractor with the cost of the work, expenditure incurred on tools and plant, and
charges on additional supervisory staff including the cost of work-charged
establishment employed for getting 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 the Chief Officer as to the costs
and other allied expenses so incurred and as to the value of the work so done
departmentally shall be final and conclusive against the contractor.

(C) To order that the work of the contractor be measured upto 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 the cost of the executed by the new contract agency
will be debited to the contractor and at the value of the work done or executed
through the new contractor shall be credited to the contractor in all respects and in
the same manner and at the same rates as if it had been carried out
by the contractor under the term of his contract. The certificate of the Chief
Officer as to all the cost of the work and other expenses incurred as aforesaid for
or in getting
the unexecuted work done by the new contractor and as to the value of the work
so done shall be final and conclusive against the contractor.

In case the contract shall be rescinded under clause (a) above the Contractor shall
not be entitled to recover or be paid, any sum for any work therefor actually
performed by him under this contract unless and until the Chief Officer 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 clause (b) or (c) being adopted
and the cost of 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 Government under the contract or otherwise howsoever or from his
security deposit or the sale proceeds thereof provided, however that the
Contractor shall have no claim against Government even if the certified value of
the work done departmentally or through a new contractor exceeds the certified
cost of such work and allied expenses, provided always that whichever of the
three courses mentioned in clauses (a) , (b) or (c) is adopted by the Chief Officer,
the Contractor shall have no claim to compensation for any loss sustained by him
by reason of his having purchased, or procured any materials, or entered into any
engagements or made any advances on account of, or with a view to the execution
of the work or the performance of the contract.

Clause 4:- If the progress of any particular portion of the work is unsatisfactory,
the Chief Officer shall notwithstanding that the general progress of the work is in
accordance with the conditions mentioned in clause 2, be entitled to take action
under clause 3(b) after giving the Contractor 10 days’ notice in writing. The
Contractor will have no claim for compensation, for any loss sustained by him
owing to such action.

Clause 5:- In any case in which any of the powers conferred upon the Chief
Officer by clause 3 and 4 hereof shall have become exercisable and the same
shall not have been exercised, the non-exercise thereof shall not constitute a
waiving of any of the conditions hereof and such powers shall notwithstanding be
exercisable in the event of any future case of default by the contractor for which
under any clause hereof he is declared liable to pay compensation amounting to
the whole of his security deposit and the liability of the contractor for past and
future compensation shall remain unaffected. In the event of the Chief Officer
taking action under sub - clause (a) or (c) of clause 3, he may, if heso 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 for the execution of the work or any part thereof, paying or allowing for
the same in account at the contract rates, or in the case of contract rates not being
applicable at current market rates, to be certified by the Chief Officer whose Action when the progress
certificate thereof shall be final. In the alternative, the Chief Officer may, after
giving notice in writing to the contractor or his clerk ofthe work, foreman or other of any particular portion
authorized agent require him to remove such tools and plants, materials, or stores
from the premises within a time to be specified in such notice, and in the event of of the work is
the contractor failing to comply with any such requisition, the Chief Officer may
remove them at the contractor’s expenses or sell them by auction or private sale unsatisfactory.
on account of the contractor and at his risk in all respects, and the certificate of
the Chief Officer as to the expenses of any such removal and the amount of the
proceeds and expense of such sale shall be final and conclusive against the
Contractor.
Contractor remains liable

to pay compensation if
action not taken under

Clause 3 & 4.
Clause 6:- If the Contractor shall desire an extension of the time for completionof Extension of time.
work on the ground of his having been unavoidably hindered in its execution or
on any other grounds, he shall apply in writing to the Chief Officer before the
expiry of the period stipulated in the tender or before the expiration of 30 days
from the date on which he was hindered as aforesaid or on which the cause for
asking for extension occurred, whichever is earlier and the Chief Officer, may if
in his opinion, there were reasonable grounds for granting an extension, grant
such extension as he thinks necessary or proper. The decision of the ChiefOfficer
in this matter shall be final.

Clause 7:-On the completion of the work the Contractor shall be furnished witha
certificate by the Chief Officer ( hereinafter called the Engineer-in-charge ) of
such completion, but no such certificate shall be given nor shall the work be
considered to be completed until the Contractor shall have remove 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 building in or upon which the
work has been executed, or of which he may have had possession for the purpose
of executing the wok nor until the work shall have been measured by the
Engineer-in-charge or where the measurements have been taken by his
subordinates until they have received approval of the Engineer-in-charge, the said
measurements being binding and conclusive against the contractor. If the Final Certificate
Contractor shall fail to comply with the requirements of this clause as to the
removal of scaffolding, surplus materials and rubbish and the cleaning of dirt on
or before the date fixed for the completion of the work the Engineer-in-charge
may at the expense of the Contractor, remove such scaffolding, surplus materials
and rubbish, and dispose off the same as he thinks fit and clean off such dirt as
aforesaid and the Contractor shall forthwith pay the amount of all expenses so
incurred, but shall have no claim in respect of any such scaffolding or surplus
materials as aforesaid except for any sum actually realised by the sale thereof.

Clause 8:- No payment shall be made for any work, estimated to cost less
thanRupees One Thousand till after the whole of work shall have been completed
and a certificate of completion given. But in the case of works estimated to cost
more than Rupees One Thousand, the Contractor shall on submitting a monthly
bill therefore, be entitled to receive payment proportionate to the part of the work
then approved and passed by the Engineer - in- charge, whose certificate if such
approval and passing of the sum so payable shall be final and conclusive against
the Contractor. All such intermediate payments shall be regarded as payments by
way of advance against the final payments only and not as payments for work
actually done and completed, and shall not preclude the Engineer-in-charge from
requiring any bad, unsound, imperfect or unskilful work to be removed or taken
away and reconstructed or re-erected nor shall any such payment be considered as
an admission of the due performance of the Contract or any part thereof in any
respect or the occurring of any claim, nor shall it conclude, determine or affect in
any other way the powers of the Engineer-in-charge as to the final settlement and
adjustment of the accounts or otherwise, or in any other way vary or affect the
Contract. The final bill shall be submitted by the Contractor within one month of
the date fixed for the completion of the work, otherwise the Engineer-in-charge's
certificate of the measurements and of the total amount payable for the work shall
be final and binding on all parties.
Clause 9:-The rates for several items of works estimated to cost more Payment at reduced rates
thanRs.1000/- agreed to within shall be valid only when the item concerned is on account of items of
accepted as having been completed fully in accordance with the sanctioned work not
specifications. In cases 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 accepted as completed to be
reduced rates as he may consider reasonable in the preparation of final or on- at the desecration of the
account bills. Engineer in charge.

Clause 10:- A bill shall be submitted by the Contractor in each month on orbefore
date fixed by the Engineer-in-charge for all works executed in the previous
month, and the Engineer-in-charge shall take or cause to be taken the requisites
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 Bill to be submitted
presentation of the bill. If the Contractor does not submit the bill within the time
monthly.
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 list shall be sufficient warrant, and
the Engineer-in-charge may prepare a bill from such list which shall be binding
on the Contractor in all respect.

Clause 11:- The Contractor shall submit all bills on the printed forms to be hadon
application at the office of the Engineer-in-charge. The charges to be made in the
bills shall always be entered at the rates specified in the tender or in the case of
any extra work ordered in pursuance of these conditions and not mentioned or
provided for in the tender, at the rates hereinafter provided for such work.

Clause 12:- If the specification or estimate of the work provides for the use ofany
special description of material to be supplied from the stores of the Public Works
Department store or if it is required that the contractor shall use certain stores to
be provided by the Engineer-in-charge (such material and stores and the prices to
be charged 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 hereto annexed)
the contractor shall be supplied with such materials and stores as may be required
from time to time to be used by him for the purpose of the contract only, and the
value of the full quantity of the materials and stores so supplied shall be set off or
deducted from any sums then due or thereafter to become due to the contractor
under the contract, or otherwise, or from the security deposit, or the proceeds of
the sale thereof, if the security deposit is held in Government securities, the same
or a sufficient portion thereof shall in that case be sold for the purpose. All
materials supplied to the contractor shall remain the absolute property of Bills to be on printed form.
Government and shall on no account be removed from the site of the work, and
shall at all times be open to inspection by the Engineer-in-charge. Any such
materials unused and in perfectly good condition at the time of completion or
determination of the contract shall be returned to the Public Works Departmental
store, if the Engineer-in-charge so requires by a notice in writing given under his
hand, but the contractor shall not be entitled to return any such materials except
with consent of the Engineer-in-charge and he shall have no claim for
compensation on account of any such material supplied to him as aforesaid but
remaining unused by him or for any wastage or damage to any such materials.

Stores supplied by
Government.
Clause 12 (A):- All stores of controlled materials such as cement, steel etc., to
besupplied by Government to the contractor should be kept by the contractor
under lock and key and will be accessible for inspection by the Chief Officer or
his agent at all the times.(if supplied then applicable)

Clause 13:- The contractor, shall execute the whole and every part of the work
inthe most substantial and workman like manner, and both as regards materials
and every other respect in strict accordance with specifications. The contractors
shall also conform exactly, fully and faithfully to the designs, drawings and Works to be executed in
accordance with
instructions in writing relating to the work signed by the Engineer-in-charge and
lodged in his office and to which the contractor shall be entitled to have access for specifications drawings,
the purpose of inspection at such office, or on the site of the work during office
hours. The contractor will be entitled to receive three sets of contract drawings orders, etc.
and working drawings as well as one certified copy of the accepted tender along
with the work order free of cost. Further copies of the contract drawings and
working drawings if required by him, shall be supplied at the rate of Rs.300/- per
set of contract drawings and Rs.150/- per working drawing except where
otherwise specified.

Clause 14:- The Engineer-in-charge shall have power to make any alterations
inor additions to the original specifications, drawings, designs, and instructions
that may appear to him to be necessary or advisable during the progress of the
work, and the Contractor shall be bound to carry out the work in accordance with
any instructions in this connection which may be given to him in writing signed
by the Engineer-in-charge and such alteration shall not invalidate the contract, and
any additional work which the Contractor may be directed to do in the manner
above specified as part of the work shall be carried out by the Contractor on the
same conditions in all respects on which he agreed to do the main work, and at the
same rates as are specified in the tender for the main work. And if the additional
and altered work includes any class of work for which no rates is specified in this
contract, then such class of work shall be carried out at the rates entered in the
Schedule of Rates of the Division prevailing at the time when the extra items crop
up or at the rates mutually agreed upon between the Engineer-in-charge and the
contractor whichever are lower. If the additional or altered work for which no rate
is entered in the Schedule of Rates of the Division, is ordered to be carried out
before the rates are agreed upon then the Contractor shall within seven days of the
date of receipt by him of the order to carry out the work inform the Engineer-in-
charge of the rate which it is his intention to charge for such class of work, and if
the Engineer-in-charge does not agree to this rate, he shall by notice in writing be Alterations in
at liberty to cancel his order to carry out such class of work, and arrange to carry specifications in designs
not to
it out in such manner as he may consider advisable provided always that the
Contractor shall commence work or incur any expenditure in regard thereto invalidate contracts.
before the rates shall have been determined as lastly here in before mentioned,
then in such case he shall only be entitled to be paid in respect of the work carried
out or expenditure incurred by him prior to the date of the determination of the
rates 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 Chief Officer of the Circle
will be final.

Rates for works not entered

in estimate, or schedule of
rates
\ Where, however, the work is to be executed according to the designs, drawings Extensions of time in
and specifications recommended by the contractor and accepted by the competent consequence of additions
authority the alterations above referred to shall be within the scope of such or alterations.
designs, drawings and specifications appended to the tender.
The time limit for the completion of the work shall be extended in the
proportion that the increase in its cost occasioned by alterations or additions bears
to the cost of the original contract work, and the certificate of the Engineer-in-
charge as to such proportion shall be conclusive.

Clause 15:- (1) If at any time after the execution of the contract documents,
theEngineer shall for any reason what-so-ever (other than default on the part of
the Contractor for which the Government is entitled to rescind the contract)
desires that the whole or any part of the work specified in the tender should be
suspended for any period or that the whole or part of the work should not be
carried out at all, he shall give to the Contractor a notice in writing of such desire
and upon the receipt of such notice the Contractor shall forthwith suspend or stop No claim to any payment
the work wholly or in part as required, after having due regard to the appropriate or compensation for
stage at which the work should be stopped or suspended so as not to cause any
damage or injury to the work already done or endanger the safety thereof alteration in or
provided that the decision of the Engineer as to the stage at which the work or any
part of it could be or could have been safely stopped or suspended shall be final restriction of work.
and conclusive against the Contractor. The Contractor shall have no claim to any
payment or compensation whatsoever by reason of or in pursuance of any notice
as aforesaid, on account of any suspension, stoppage or curtailment except to the
extent specified hereinafter.

(2) Where the total suspension of work ordered as aforesaid continued for a
continuous period exceeding 90 days the Contractor shall be at liberty to
withdraw from the contractual obligations under the contract so far as it pertains
to the unexecuted part of the work by giving a 10 days prior notice in writing to
CAT-1268/59382-Q
the Engineer, within 30 days of the expiry of the said period of 90 days, of such
intention and requiring the Engineer to record the final measurements of the work DT.14-3-74.
already done and to pay 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 his contract. On receipt of such notice the Engineer shall
proceed to complete the measurement and make such payment as may be finally
due to the Contractor within a period of 90 days from the receipt of such notice in
respect of the work already done by the Contractor. Such payment shall not in any
manner prejudice the right of the Contractor to any further compensation under
the remaining provisions of this clause.

(3) Where the Engineer requires the Contractor to suspend the work for a period
in excess of 30 days at any time or 60 days in the aggregate the Contractor shall
be entitled to apply to the Engineer within 30 days of the resumption of work after
such suspension for payment of compensation to the extent of pecuniary loss
suffered by him in respect of working machinery rendered idle on the site or on
account of his having had to pay the salary or wages of labour engaged by him
during the said period of suspension, provided always that the contractor shall not
be entitled to any claim in respect of any such working machinery, salary or
wages for the first 30 days whether consecutive or in the aggregate of such
suspension or in respect of any suspension whatsoever occasioned by
unsatisfactory work or any other default on his part. The decision of the Engineer
in this regard shall be final and conclusive against the Contractor.
 Clause 16:-
(4) In the event of - Under no
circumstances
whatever shall
the Contractor
i) Any total stoppage of work on notice from the Engineer under clause (1) be entitled
in that behalf. toany
compensation
ii) Withdrawal by the Contractor from the contractual obligations to from
complete the remaining unexecuted work under sub-clause (2) on Government
account of continued suspension of work for a period exceeding 90 days. on any account
unless the
OR Contractor
shall
iii) Curtailment in the quantity of item or items originally tendered on
account of any alteration, omission or substitutions in the specifications
drawing, designs, or instructions under clause 14(1)
where such curtailment exceeds 25% in quantity and the value of the
quantity curtailed beyond 25 percent at the rates for the item specified in the
tender is more than Rs. 5,000/-.

It shall be open to the Contractor, within 90 days from the service of (i) the
notice of stoppage of work or (ii) the notice of withdrawal from the contractual
obligations under the contract on account of the continued suspension of work or
(iii) notice under clause 15(1) resulting in such curtailment, to produce to the
Engineer satisfactory documentary evidence that he had purchased for agreed to
purchase material for use in the contract work, before receipt by him of the notice
of stoppage, suspension or curtailment and require the Government to take over
on payment such material at the rates determined by the Engineer, provided,
however such rates shall in no case exceeds the rates at which the same were
acquired by the Contractor. The Government shall thereafter take over the
material so offered, provided the quantities offered, are not in excess of the
requirements of the unexecuted work as specified in the accepted tender and are
of quality and specifications approved by the Engineer.

Clause 15(A):- The Contractor shall not be entitled to claim any

compensationfrom Government for the loss suffered by him on account of delay
by Government in the supply of materials entered in Schedule A where such delay
in caused by –

i) Difficulties relating to the supply of railway wagons.

ii) Force majeure.

iii) Act of God.

iv) Act of enemies of the State or any other reasonable cause beyond
the control of Government.

In the case of such delay in the supply of materials, Government shall grant such
extension of time for the completion of the works as shall appear to the Chief
Officer to be reasonable in accordance with the circumstances of the case. The
decision of the Chief Officer as to the extension of time shall be accepted as final
by the Contractor.

CAT-1268/59382

Dsk-II dt.22-2-78.
Clause 17:- If at any time before the security deposit or any part thereof Action and compensation
isrefunded 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, payable in case of bad
imperfect or unskilful workmanship or with materials of inferior quality or that work.
any materials or articles provided by him for the execution of the work are
unsound or of a quality inferior to the that Contracted for, or are otherwise not in
accordance with the Contract, it shall be lawful for the Engineer-in-charge to
intimate this fact in writing to the Contractor and then not with standing the fact
that the work, materials or articles complained of may have been inadvertently
passed, certified and paid for, the Contractor shall be bound forthwith to rectify,
or remove and reconstruct the work so specified in whole or in part, as the case
may be require or if so required shall remove the materials or articles so specified
and provide other proper and suitable materials or articles at his own charge and
cost and in the event of his failing to do so within a period to be specified by the
Engineer-in-charge in the written intimation aforesaid, the contractor shall be
liable to pay compensation at the rate of one percent on the amount of the
estimate for every day not exceeding 10 days during which the failure so
continuous and in the case of any such failure the Engineer-in-charge may rectify
or remove and re-execute the work or remove and replace the materials or articles P.W.D. Resolution
complained of, as the case may be at the risk and expense in all respects of the
Contractor. Should the Engineer-in-charge consider that any such inferior work or No. CAT-1087/
materials as described above may be accepted or made use of it shall be within his
CR-94/
discretion to accept the same at such reduce rates as he may fix therefor.
Bldg.2 dt.14-6-89.

Clause 18:- All works under or in course of execution or executed in pursuanceof

the contract shall at all times be open to the inspection and supervision of the
Engineer-in-charge and his subordinates, and the Contractor shall at all times
during the usual working hours, and at all other times at which reasonable notice
of the intention of the Engineer-in-charge and his subordinates to visit the work
shall have been given to the contractor, either himself be present to receive orders
and instructions , or have a responsible agent duly accredited in writing present
for that purpose. Orders given to the Contractors duly authorized agent shall be
considered to have the same force and effect as if they had been given to the
Contractor himself.

Clause 19:- The Contractor shall give not less than five days’ notice in writing
tothe Engineer-in-charge or his subordinate 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 dimension thereof taken before the same is
so covered up or placed beyond the reach of measurement and shall not cover up
or place beyond the reach of measurement any work without the consent in
writing of the Engineer-in-charge or his subordinate in charge of the work, and if
any work shall be covered up or placed beyond the reach of measurement, without
such notice having been given or consent obtained the same shall be uncovered at
the Contractors expense, and in default thereof no payment or allowance shall be
made for such work or for the materials with which the same was executed.

Work’s to be opened to

inspection.

Contractor or responsible

agent to be present.
Clause 20:- If during the period of 24 (Twenty Four) months from the date
ofcompletion as certified by the Engineer-in-charge pursuant to clause 7 of the imperfections.
contract or if in the opinion of the Chief Officer the said work is defective in any
manner whatsoever, the Contractor shall forthwith on receipt of notice in that
behalf from the Chief Officer, duly commence execution and completely carry out
P.W.D. Resolution
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 No.CAT-1087/CR-
of unsafe portions strictly in accordance with and in the manner prescribed and 94/Bldg.2.dt.14-6-89.
under the supervision of the Chief Officer. 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 Chief Officer may get the same
executed and carried out departmentally or by any other agency at the risk, on
account and at the cost of the Contractor. The Contractor shall forthwith on
demand pay to the Government the amount of such cost, charges and expenses
sustained or incurred by the Government of which the certificate of the Chief
Officer shall be final and binding on the Contractor. Such costs, charges and
expenses shall be deemed to be arrears of land revenue and in the event of the
Contractor failing or neglecting to pay the same on demand as aforesaid without
prejudice to any other rights and remedies of the Government, the same may be
recovered from the contractor as arrears of land revenue. The Government shall
also be entitled to deduct the same from any amount which may then be payable
or which may thereafter become payable by the Government to the contractor
either in respect of the said work or any other work whatsoever or from the
amount of security deposit retained by Government.

The defect liability period in particular for waterproofing treatment (Building

work) shall be 7 years.

Clause 21:- The Contractor shall supply at his own cost all material (except
suchspecial materials, if any as may, in accordance with the contract, be supplied
from the P.W. Departmental stores), plant, tools appliances, implements, ladders,
cordage, tackles, scaffolding and temporary works requisite or proper for the
proper execution of the work, whether in the original, altered or substituted from,
and whether included in the specification or other documents forming part of the
contract or referred to in these conditions or not and which may be necessary for
the purpose of satisfying or complying with the requirements of the Engineer-in-
charge as to any matter as to which under these conditions he is entitled to be
satisfied, or which he is entitled to require together with the carriage therefor to
and from the work. The Contractor shall also supply without charge the requisite
number of persons with the means and materials necessary for the purpose of
setting out works and counting, weighing and assisting in the measurement or
examination at any time and from time to time of the work or the materials,
failing which the same may be provided by the Engineer-in-charge at the expense
of the contractor and the expenses may be deducted from any money due to the
Contractor under the contract or from his security deposit or the proceeds of sale
thereof, or of sufficient portion thereof. The Contractor shall provide all necessary
fencing and lights required to protect the public from accident, and shall also be
bound to bear the expenses of defence of every suit, action or other legal
proceeding, that may be brought by any person for injury sustained owing to
neglect of the above precautions, and to pay any damages and cost which 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.

Contractor to supply plant,

ladders scaffoldings,

etc.
Contractor liable
fordamage done, and for
Clause 21(A):- The Contractor shall provide suitable scaffolds and
workingplatforms, gangways and stairways and shall comply with the following
regulations in connection therewith –

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

b) A scaffold shall not be constructed, taken down or substantially altered

except.

i) under the supervision of a competent and responsible person; and

ii) as far as possible by competent workers possessing adequate experience

in this kind of work.

c) All scaffolds and appliances connected therewith and all ladders shall -

i) be of sound material.

ii) be of adequate strength having regard to the loads and strains to which
they will be subjected, and

iii) be maintained in proper condition.

d) Scaffolds shall be so constructed that no part thereof can be displaced in

consequence of normal use.

e) Scaffold shall not be over-loaded and so far as practicable the load shall
be evenly distributed.

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

taken to ensure the strength and stability of the scaffolds.

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

h) Before allowing a scaffold to be used by his workmen the Contractor

shall whether the scaffold has been erected by his workmen or not, take

steps to ensure that it complies fully with the regulations herein

specified.

Working platform, gangway, stairways shall

i)
i) be so constructed and maintained, having regard to the
prevailing conditions as to reduce as for as practicable risks of persons
tripping or slipping and
ii) be kept free from any unnecessary obstruction

j) In the case of working platform, gangways, working places and

stairways at a height exceeding 3.00 meters,
l) When persons are employed on a roof where there is a danger of falling
from a height exceeding 3.00 meters (to be specified) suitable
precautions shall be taken to prevent the fall of persons or materials.

m) Suitable precautions shall be taken to prevent persons being struck by

articles, which might fall from scaffolds or other working places.

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

other working places.

o) The Contractor/(s) will have to make payments to labourers as per

Minimum Wages Act.

Clause 21(B):- The Contractor shall comply with the following regulations as
regards the Hoisting Appliances to be used by him :-

a) Hoisting machines and tackles, including their attachments, anchorages

and supports shall.

i) be of good mechanical construction, sound material and

adequate strength and free from patent defect;

and

ii) be kept in good repair and in good working order.

b) Every rope used in hoisting or lowering materials or as a means of

suspension shall be of suitable quality and adequate strength and free from patent
defect.

c) Hoisting machines and tackles shall be examine and adequately tested

after erection on the site and before use and be re-examined in position at
intervals to be prescribed by the Government.

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 crane driver or hoisting appliance operator shall be properly

qualified.

f) No person who is below the age of 18 years shall be in control of any

hoisting machine, including any scaffold, or give signals to the operator.

g) In 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 preceding regulation

shall be plainly marked with the safe working load.

i) In the case of a hoisting machine having a variable safe working load

each safe working load and the conditions under which it is applicable shall be
clearly indicated.

j) No part of any hoisting machine or any gear referred to in regulation

(h) 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 appliances shall be provided with efficient safeguards.
l) Hoisting appliances shall be provided with such means as will reduce toa
minimum the risk of the accidental descent of the load.

m) Adequate precaution shall be taken to reduce to a minimum the

risk of any part of a suspended load becoming accidentally displaced.

Clause 22:- The Contractor shall not set fire to any standing jungle, trees,
brushwood or grass without a written permit from the Chief Officer. 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 arrangements for drinking water for the labour
employed by him and provide sanitary and other arrangements.

Clause 23:- Compensation for all damages done intentionally or unintentionally

by Contractors labour whether in or beyond the limits of the Government property
including any damage caused by the spreading of fire mentioned in Clause 22 Measure for prevention
shall be estimated by the Engineer-in-charge subject to the decision of the Chief of fire.
Officer on appeal shall be final and the Contractor shall be bound to pay the
amount of the assessed compensation on demand, failing which the same will be
recovered from the Contractor as damage 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 Government to Contractor under this contract or otherwise.

The Contractor shall bear the expenses of defending any action or other legal
proceedings that may be brought by any person for injury the spread 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.

Clause 24:- The employment of female labour’s on works in neighbourhood

ofsoldiers barracks should be avoided as far as possible.

Clause 25:- No work shall be done on a Sunday without the sanction in writing
ofthe Engineer-in-charge.

Clause 26:- The contract shall not be assigned or sublet without the
writtenapproval of the Engineer-in-charge. And if the Contractor shall assign or
sublet his contract, or attempt to do so, or become insolvent or commence any Liability of contractor for
proceedings to get himself adjudicated and insolvent or make any composition any damage done in or
outside work area.
with his creditors, or attempt so to do or if bribe, gratuity, gift loan, perquisite,
reward or advantage, pecuniary or otherwise shall either directly or indirectly be
given, promised or offered by the Contractor or any of his servants or agents to
any public officer or person in the employ of Government in any way relating to
his office or employment, or if any such officer or person shall become in any
way directly or indirectly interested in the contract, the Engineer-in-charge may
thereupon by notice in writing rescind the contract, and the security deposit of the
Contractor shall thereupon stand forfeited and be absolutely at the disposal of
Government, and the same consequences shall ensure as if the contract had been
rescinded under Clause 3 thereof and in addition the Contractor shall not be
entitled to recover or be paid for any work therefor actually performed under the
contract.

Employment of female
labour
Clause 27:All sums payable by a Contractor by way of compensation under anyof Sum payable by way of
these conditions shall be considered as a reasonable compensation to be applied to compensation to be
the use of Government without reference to the actual loss or damages sustained, considered as reasonable
and whether any damage has or has not been sustained. compensation without
reference to actual loss.

Clause 28:- In the case of tender by partners, any change in the constitution of
afirm shall be forthwith notified by the Contractor to the Engineer-in-charge for Change in the constitution
his information. of firm to be notified.

Clause 29:- All works to be executed under the contract shall be executed
underthe direction and subject to the approval in all respects of the Chief Officer
of the Circle, for the time being, who shall be entitled to direct at what point or Direction and control of
points and in what manner they are to be commenced, and from time to time the Chief Officer.
carried on.

Clause 30(1):- Except where otherwise specified in the contract and subject to
thepowers delegated to him by Government under the code, rules then in the
force, the decision of the Chief Officer of the Circle for the time being shall be
final, conclusive and binding on all parties of the contract upon all questions
relating to the meaning of the specifications, designs, drawings and instruction
hereinbefore mentioned and as to the quality of workmanship or materials used on
the work, or as to any other question, claim right, matter or things whatsoever, if
any way arising out of, or relating to the contract, designs, drawings, Direction and control of
specifications, estimates , instructions, orders, or other conditions, or otherwise the Chief Officer.
concerning the works, or the execution, or failure to execute the same, whether
arising during the progress of the work, or after the completion or abandonment
thereof.

Clause 30 (2):- The Contractor may within thirty days of receipt by him of
anyorder passed by the Chief Officer of the Circle as aforesaid appeal against it to
the Chief Engineer, concerned with the contract work or project provided that -

(a) The accepted value of the contract exceeds Rs. 10 lakhs

(Rupees Ten lakhs)

(b) Amount of claim is not less than Rs. 1.00 Lakh

(Rupees One Lakh).

Clause 30 (3):- If the Contractor is not satisfied with the order passed by theChief
Engineer as aforesaid, the Contractor may, within thirty days of receipt by him of
any such order appeal against it to the concerned Secretary, Public Works
Department/Irrigation Department who, if convinced that Prima-facie the
Contractors claim rejected by Chief Officer/Chief Engineer is not frivolous and
that there is some substance in the claim of the Contractor as would merit a
detailed examination and decision by the Standing Committee, shall put up to the
Standing Committee at Government level for suitable decision

(Vide PW Circular No. CAT-1086-CR-110/Bldg.2 Dated 7.5.1986)

Clause 31 :- The Contractor shall obtain from the P.W. Departmental stores Stores of European or
allstores and articles of European or American manufacture which may be American manufacture
required for the work, or any part thereof or in making up any articles required to be obtained from
thereof in connection therewith unless he has obtained permission in writing from Government
the Engineer-in-charge to obtained such stores and articles elsewhere. The value
of such stores and articles as may be supplied to the Contractor by the Engineer-
in-charge will be debited to the Contractor in his account at the rate shown in the
said schedule in from 'A' attached to the Contract and if they are not entered in the
schedule, they shall be debited to him at cost price which for the purpose of this
Contract shall include the cost of carriage and all other expenses whatsoever,
which shall have been incurred in obtaining delivery of the same at the stores
aforesaid.

Clause 32:- When the estimate on which a tender is made includes lump sums
inrespect of part of the work, the Contractor shall be entitled to payment in
respect of the items of work involved or the part of the work in question at the
same rates as payable under this Contract for each items, or if the parts of the
work in question is not in the opinion of the Engineer-in-charge capable of
measurement, the Engineer-in-charge may at his discretion pay the lump sum
amount entered in the estimate and the certificate in writing of the Engineer-in-
charge shall be final and conclusive against the Contractor with regard to any sum
or sums payable to him under the provisions of this clause.

Clause 33:- In the case of any class of work for which there is no
suchspecification as is mentioned in Rule 1 of Form B-1 such work shall be
carried out in accordance with the Divisional specifications, and in the event of
there being no Divisional specification, then in such case the work shall be carried
out in all respects in accordance with all instructions and requirements of the
Engineer-in-charge . Lump-sum in estimates.

Clause 34:- The expression "Work" or "Works" 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 contracted to be executed
under or in virtue of the contract, whether temporary or permanent and whether
original, altered, substituted or additional.

Clause 35:- The percentage referred to in the tender shall be deductedfrom/added

to the gross amount of the bill before deducting the value of any stock issued.

Clause 36:- All quarry fees, royalties, octroi dues and ground rent for
stackingmaterials, if any, should be paid by the contractor.

Clause 37:- The Contractor shall be responsible for and shall pay
anycompensation to his workmen payable under the Workmen's Compensation
Act.1923 (VIII of 1923), (hereinafter call the said Act) for injuries caused to the
workmen. If such compensation is payable/paid by the Government as principal
under sub-section (1) of Section 12 of the said Act on behalf of the Contractor, it
shall be recoverable by the Government from the Contractor under sub-section (2)
of the said section. Such Compensation shall be recovered in the manner laid Action where no
down in Clause 1 above. specifications.

Clause 37 (A):- The Contractor shall be responsible for and shall pay theexpenses
of providing medical aid to any workmen who may suffer a bodily injury as a
result of an accident. If such expenses are incurred by Government the same shall
be recoverable from the Contractor forthwith and be deducted without prejudice
to any other remedy of the Government from any amount due or that may become
due to the Contractor.

Definition of work.
Clause 37(B):- The Contractor shall provide all necessary personal
safetyequipment and first aid apparatus available for the use of the persons
employed on the site and shall maintain the same in condition suitable for
immediate use at any time and shall comply with the following regulations in
connection therewith :-

a) The workers shall be required to use the equipment’s so provided by the

Contractor and the Contractor shall take adequate steps to ensure proper use of the
equipment by those concerned.

b) When work is carried on in proximity to any place where there is a risk of

drowning all necessary equipment shall be provided and kept ready for use and all
necessary steps shall be taken for the prompt rescue of any person in 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.

Clause 37(C):- The Contractor shall duly comply with the provisions of
"TheApprentices Act. 1961" (III of 1961) the rules made thereunder and the
orders that may be issued from time to time under the said Act and the said Rules
and on his failure or neglect to do so he shall be subjected to all the liabilities and
penalties provided by the said Act and said Rules.(Govt. Circular No. CAT-
6076/3336/(400)/Bldg.2 dt. 16-8-1985.)

Clause 38:- (1) Quantities shown in the tender are approximate and no claimshall
be entertained for quantities of work executed being either more or less than
those entered in the tender or estimate.

(2) Quantities in respect of the several items shown in the tender are approximate
and no revision in the tendered rates shall be permitted in respect of any of the
items so long as, subject to any special provision contained in the specifications
prescribing a different percentage of permissible variation in the quantity of the
item does not exceed the tender quantity by more than 10 percent and so long as
the value of the excess quantity beyond this limit at the rate of the items specified
in the tender, is not more than maximum 10 %.

(3) The contractor shall if ordered in writing by the Engineer so to do, also carry
out any quantities in excess of the limit mentioned in sub-clause (i) hereof on the
same conditions as and in accordance with the specifications in the tender and at
the rates (i) derived from the rates entered in the current schedule of rates and in
the absence of such rates (ii) at the rates prevailing in the market. The said rates
increased or decreased as the case may be, by the percentage which the total
tendered amount bears to the estimated cost of the work as put to tender based
upon the schedule of rates applicable to the year in which the tenders were
accepted (For the purpose of operation of this clause, this cost shall be
asworked out from D.S.R. prevailing at the time of acceptance of tender.)

(4) Claims arising out of reduction in the tendered quantity of any item beyond 25
percent will be governed by the provision of clause 15 only when the amount of
such reduction beyond 25 percent at the rate of the item specified in the tender is
more than Rs /- (This clause is not applicable to extra items)

Claim for quantities of

work entered in the
tender
or estimates.
Clause 39:- The Contractor shall employ any famine, convict or other labour of Employment of famine
aparticular kind or class if ordered in writing to do so by the Engineer-in-charge. labour etc.

Clause 40:- No compensation shall be allowed for any delay caused in thestarting
of the work on account of acquisition of land or, in the case of clearance works,
on account of any delay in according sanction to estimates.

Claim for compensation for

delay in starting of work.
Clause 41:- No compensation shall be allowed for any delay in the execution
ofthe 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.

Claim for compensation for

Clause 42:- The Contractor shall not enter upon or commence any portion ofwork delay in execution of work.
except with written authority and instructions of the Engineer-in-charge or his
subordinate in charge of the work. Failing such authority the Contractor shall
have no claim to ask for measurements of the payment for work.

Clause 43(i):- No contractor shall employ any person who is under the age of
18years.

(ii) No contractor shall employ donkeys or other animals with breaching of string
or thin ropes. The breaching must be at least three inches wide and should be of
tape (Nawar). Entering upon or
commencing any portion
(iii) No animal suffering from sores, lameness or emaciation or which is immature of work.
shall be employed on the work.

(iv) The Engineer-in-charge or his Agent is authorized to remove from the work,
any person or animal found working which does not satisfy these conditions and
no responsibility shall be accepted by Government for any delay caused in the
completion of the work by such removal.

(v) The contractor 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
Minimum age of persons
between the contractor and his workmen on the grounds that the wages paid are
employed, the employment
not fair and reasonable, the dispute shall be referred without delay to the Chief of donkeys and / or other
Officer shall be conclusive and binding on the contractor but such decision shall animals and the payment
not in any way affect the conditions in the contract regarding the payment to be of fair wages.
made by Government at the sanctioned tender rates.

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

(vii) All facilities provided in the contract labour (Regulation and Abolition Act
1971), The Maharashtra Contract Labour Regulation and Abolition Rule 1971
should be provided.

Clause 44:- Payment to contractors shall be made by RTGS/NEFT/or by Cheque

drawn onany treasury/bank within the division convenient to them.

Clause 45:- Any contractor who does not accept these conditions shall

not be allowed to tender for works.

Clause 46 :- If Government declares a state of scarcity of famine to exist in any Employment of scarcity
village situated within 10 miles of the work the Contractor shall employ upon labour.
such parts of the work, as are suitable for unskilled labour, any person certified to
him by the Chief Officer, or by any person to whom the Chief Officer may
have delegated this duty in writing to be in need of relief and shall be bound to
pay to such person wages not below the minimum which Government may have
fixed in this behalf. Any disputes which may arise in connection with the
implementation of this clause shall be decided by the Chief Officer whose
decision shall be final and binding on the Contractor.

Clause 47 :- The price quoted by the Contractor shall not in any case exceed the
control price, if any, fixed by Government or reasonable price which it is
permissible for him to charge a private purchaser for the same class and
description of goods under the provision of Hoarding and Profiteering Prevention
Ordinance, 1948 as amended from time to time. If the price quoted exceeds the
controlled price or the price permissible under Hoarding and Profiteering
Prevention Ordinance the Contractor will specifically mention this fact in his
tender alongwith the reasons for quoting such higher prices. The purchaser at his
discretion will in such case exercise the right of revising the price at any stage so
as to conform with the controlled price on the permissible under the Hoarding and
Profiteering Prevention Ordinance. This discretion will be exercised without
prejudice to any other action that may be taken against the Contractor.

Clause 47 (A) :- The tender rates are inclusive of all taxes, rates, cesses and
arealso inclusive of liveable tax in respect of sale by transfer of property in goods
involved in the execution of a work contract under the provision of Rule -58 of
Maharashtra Value Added Tax Act- 2005, for the purpose of levy of Tax.

(As per GR.No. BDG-2005/CR-324/Bldg-2 Dt.3/3/2006)

Clause 48 :- The rates to be quoted by the Contractor must be inclusive of VAT-

Tax and all other relevant taxes. No extra payment of this account will be made to
the Contractor.

Clause 49 :- In case of materials that may remain surplus with the Contractorfrom
those issued for the work contracted for, the date of ascertainment of the materials
being surplus will be taken as the date of sale for the purpose of sales tax and the
sales tax will be recovered on such sale.

Clause 50 :- The Contractor shall employ the unskilled labour to be employedby

him on the said work only from locally available labour and shall give preference
to those persons enrolled under Maharashtra Government Employment and Self
Employment Department's Scheme.

Provided, however, that if the required unskilled labour’s from that district is are
not available locally, the Contractor shall in the first instance employ such
number of persons as is available and thereafter may with previous permission, in
writing of the Chief Officer-in-charge of the said work, obtain the rest of
requirement of unskilled the labour from outside the above scheme.
Clause 51:- The contractor shall pay the labourers (skilled and
unskilled)according to the wages prescribed by the Minimum Wages Act of 1948
applicable to the area in which the work of the contract is located. The contractor
shall comply with the provision of the Apprentices Act, 1961, and the rules and
orders issued there under from time to time, if he fails to do so his failure will be
a breach of the contract and the Chief Officer, may in his discretion may cancel
the contract. The Contractor shall also be liable, for any precautionary liability,
arising on account of any violation by him of the provision of Act.

The contractor shall pay labourers skilled and unskilled according to the
wages prescribed by the Minimum Wages Act, of 1948 applicable to the area in
which work lies.

The contractor to take precautions against accidents which take place on

account of labour using loose garments while working machinery.

Clause 52:- All amounts whatsoever which the contractor is liable to pay to
theGovernment in connection with the execution of the work including the
amount payable in respect of (i) materials and / or stores supplied/ issued
hereunder by the Government to the contractor. (ii) hire charges in respect of
heavy plant, machinery and equipment given on hire, by the Government to the
contractor for execution by him of the work and/or on which advances have been
given by the Government to the contractor shall be deemed to be arrears of Land
Revenue and the Government may without prejudice to any other rights and
remedies of the Government recover the same from the contractor as arrears of
land revenue.

(CAT-1274/40364/Desk-2 dt. 7-12-76)

Clause 53:- The Contractor shall duly comply with all the provisions of
theContract Labour (Regulation and Abolition ) Act, 1970 (37 of 1970) and the
Maharashtra Contract Labour (Regulation and Abolition) Rules, 1971 as amended
from time to time and all other relevant statutes and statutory provisions
concerning payment of wages particularly to workmen employed by the Government Circular No.
Contractor and working on the site of the work. In particular the Contractor shall CAT-1284/(120) /Bldg.2 dt.
pay wages to each worker employed by him on the site of the work at the rates 14.8.85.
prescribed under the Maharashtra Contract Labour (Regulation and Abolition)
Rules, 1971. If the Contractor fails or neglects to pay wages at the said rates or
makes short payment and the Government makes such payment of wages in full
or part thereof less paid by the Contractor as the case may be the amount so paid
by the Government to such workers shall be deemed to be an arrears of land
revenue and the Government shall be entitled to recover the same as such from
the contractor or deduct the same from the amount payable by the Government to
the Contractor hereunder or from any other amount/s payable to him by the
Government.

Clause 54: -The contractor shall engage apprentice such as brick layer,carpenter,
wiremen, plumber, as well as blacksmith by recommended by the State
Apprenticeship Ain the construction work (as per Government of Maharashtra,
Education Government No.TSA/5170/T5689, dated 7.7.1972).
Clause 55 :- (Government of Maharashtra P.W.D. Resolution No. CAT/ Conditions for malaria
1086/CR-243/K/Bldg.32 Dated. 11.8.1987) eradication anti malaria
and other health measures

A. The anti malaria and other health measures shall be as directed by the joint
Director (Malaria and Filarial) of Health Service, Pune.

B. Contractor shall see that mosquito genic conditions are not created so as to
keep vector population to minimum level.

C. Contractor shall carry out anti-malaria measures in the area as per

guidelines prescribed under National Malaria Eradication Program and as
directed by the Joint Director (M & F) of Heath Services, Pune.

D. In case of default in carrying out prescribed anti-malaria measures

resulting in increase in malaria incidence, contractor shall be liable to pay
to Corporation the amount spent by Government on anti malaria measures
to control the situation in addition to fine.

E. RELATIONS WITH PUBLIC AUTHORITIES:

The Contractor shall make sufficient arrangements for draining away the
sewage water as well as water coming from the bathing and washing
places and shall dispose off this water in such a way as not to cause any
nuisance. He shall also keep the premises clean by employing sufficient
number of sweepers. The Contractor shall comply with all rules,
regulations, bye-laws and directions given from time to time by any local
or public authority in connection with this work and shall pay fees or
charges which are liveable on him without any extra cost of Government.
 SCHEDULE-A

Name ofWork: -AS PER NIT

.
Schedule showing (approximately) the materials to be supplied from the P.W. Department Stores for Work

contracted to be executed and preliminary and ancillary works and the rates at which they are to be charged for.

Rates at which the materials

will be charged to the
Sr. Place of
Quantity Contractor
No. Particulars Unit Delivery
Figures Words

--- N I L ---

NOTE:-

1. The rates mentioned in Schedule ‘A’ are inclusive of all taxes and storage charges.

2. The person or firm submitting the tender should see that the rates in the above schedule are filled by the
Chief Officer-in-charge on the issue of the form prior to the submission of the tender.

3. The contract should furnish the account of all materials before placing demand for further materials and
furnish full account of all materials to the department. If any material remained unused with the
contractor, he should return the same to the department. In the event of non return of such material
recovery at panel rate of twice the issued rate with S.T. and G.T. will have to be effected from the
contractor.

4. No claim for extra payment on account of delay in supply of these materials will be entertained.

5. The quantities indicated in the above schedule are approximate and may vary as per actual requirement as
ascertained by the Engineer-in-charge.

6. The charges for loading, unloading, conveyance etc. for the material shown above from the place of
delivery to the site of work will be borne by the contractor and deemed to be included quoting for the
tender. All the materials shall be made available for delivery on working days during the office hours.

7. All the materials mentioned in Schedule ‘A’ required for the work shall taken from the department only.
The materials from the other sources in lieu of materials in schedule ‘A’ shall not be allowed except under
written permission from the Engineer in charge. The samples of such materials removed by the Contractor
at once from the site of work at his own cost.

8. The contractor shall have to construct a shed with double locking arrangements at his own cost.

9. If the Electrical material lies unused with the contractor after completion of the work and if they are not
 returned the contractor shall pay for such materials at doubt rate at which the material were issued to him.
Recovery of Sales Tax and General Tax on the cost of surplus materials which are not returned by the
Contractor will be levied

10. Proper account of day to day consumption of the materials as per Schedule ‘A’ be maintained by the
Contractor or his authorized representative on site and it shall be checked by the Department officer every
day in token of its correctness.
 ANNEXURE I

NAME OF WORK: AS PER NIT

NAME OF BIDDER :

DETAILS OF EQUIPMENT, TOOLS TACKLES PROPOSED TO BE

DEPLOYED FOR THIS WORK

Bidders shall submit herein details of equipment, tools, tackles, etc. proposed by him to perform the
work under this contract.

Sr. No. of Description of item, of Year of Category Nos/Qty

Remarks

Item Model & Capacity Manufacture

1 2 3 4 5

Contractor agrees for arrangement the above chart with additional number / categories of equipment,
if required, to complete the work within the agreed time schedule of completion and directed by the
Official nominated by Managing Director.

SIGNATURE OF Contractor
 ANNEXURE II

ORGANIZATION CHART AND LIST OF QUALIFIED

MANAGING DIRECTORS & SUPERVISORY PERSONNEL Etc. WITH TENDERER

a. Please enclose the organization chart on separate sheet

b. List of key personnel
Experience

Sr. Name Designation Qualification Total With the Remarks

No. Contractor

Name and short resume of the experience for key personnel may be enclosed in separate sheets. The
tentative chart of site organization as above furnished shall be subject to variation to suit the
construction programme / requirement and as directed by the Owner / Official nominated by
Managing Director.

SIGNATURE OF Contract
 ANNEXURE III

NAME OF WORK -

.
DETAILS OF OTHER WORKS TENDERED FOR AND IN HAND ON THE DATE OF SUBMISSION OF
TENDER

Sr. Name Place Tendered Works in hand Work Tendered for Stipulated

No. of and Cost Cost of Anticipated Estimated When period

Remainin
Work cost g date of cost and Decision of

Completion Completion

1 2 3 4 5 6 7 8 9

SIGNATURE OF Contractor
 ADDITIONAL GENERAL CONDITIONS
1. COMPETANCY OF TENDER:

The work will be awarded only to those contractors who are considered to be substantially responsive
bidders, capable of performing the class of work to be completed. Before passing the final award any or
all bidders may have to show that they have the necessary experience, facilities, ability and financial
resources to execute the work in satisfactory manner and also within the stipulated time.

2. PAYMENTS:

The tenderer must understand clearly that the rates quoted are for completed work and include all costs
due to labour, all leads and lifts involved and if further necessitated, scaffolding plant, supervision, service
works, power, royalties, octroi taxes etc. and to include all to cover the cost of lighting on night work if any and
round the clock work as and when required and no claim for additional payment beyond the prices or rates
quoted will be entertained and the tenderer shall not be entitled subsequently to make any claim on the ground of
any representation or on any promise by any person (whether member in the employment of any Public Works
Department or not ) or on the ground of any failure on his part to obtain all necessary information for the
purpose of making his tender and fixing the several prices and rates therein relieve him from any risks or
liabilities arising out of the tender.

3. ERASER:

Persons tendering are informed that no erasers of any alterations by them in the text of the documents
set herewith will be allowed and any such eraser or an alteration will be disregarded. If there is any
error in writing, no overwriting should be done but the wrong words or figures should be struck out and
the correct one written above or near it in an unambiguous way. Such correction should be initialed and
dated.

4. ACCEPTANCE:

Intimation of acceptance of tender will be given by a telegram or a letter sent by Registered Post to the
address given below the signature of the tenderer in the tenders. The tenders which do not fulfill any of
the above conditions or those in the form and which are incomplete in any respect shall be liable for
rejection.

5. PRECAUTIONS TO BE TAKEN BY THE CONTRACTOR TO PREVENT ACCIDENT:

i) No live electric lines should be allowed to run along the ground in the blasting zone and they should be
at least about 10 ft. above ground if not more.

ii) The wiring cable should not be taken near the live electric line and it should be preferably shot firing
cable as supplied by the supplier of explosives. If such a cable is not available a substitute cable
recommended by the explosive suppliers should only be used. Under no circumstances should cable
made up of several pieces jointed and tapped be used.

iii) The blasting shed from where the exploder is to finally operated should be at least 150 metre away
from the area to be blasted. It should have a strong roof which can with stand the impact of flying
stones at this range.

iv) Only trained hands should be allowed to handle explosives, cable detonators etc.

6.1 CONTRACTOR TO INFORM HIMSELF FULLY:

The contractors shall be deemed to have carefully examined the work and site conditions including
labour, the general and special conditions, the specifications, schedules and drawings and shall be deemed to
have visited the site of the work and to have fully informed himself regarding the local conditions and
 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 Department but without any guarantee about
it.

If he shall have any doubt as to the meaning of any portion of these general conditions or the special
condition, to the scope of working of the specifications and drawings or any other matter concerning
the contract, he shall in good time, before submitting his tender, set forth the particulars thereof and
submit them to the Engineer in writing in order that such doubts may be clarified authoritatively before
tendering. Once a tender is submitted, the matter will be decided in accordance with tender conditions
in the absence of such authentic pre-clarification.

6.2 ERROR, OMISSIONS AND DISCREPANCIES :

(A) In case of errors, omissions and /or disagreement between written and scaled dimensions in the drawing
or between the drawings and specifications etc. The following order of preference shall apply.

(I) Between actual scaled and written dimensions or descriptions on a drawing, the latter shall be
adopted.

(II) Between the written or shown description of dimensions in the drawing and corresponding one
in the specifications, the latter shall apply.

(III) Between the quantities shown in schedule of quantities and those arrived at from the drawings,
the latter shall be preferred.

(B) In all cases of omission and / or doubts of discrepancies in the dimensions or description of any item or
specifications, a reference shall be made to the Engineer, whose elucidation, elaboration or decision
shall be considered as authentic. The contractor shall be held responsible for any errors that may occur
in the work through lack of such reference and precaution.
6.3 WORKING METHODS AND PROGRESS SCHEDULES :

(a) The Contractor shall submit within the time stipulated by the Engineer-in-charge in writing the details
of actual methods that would be adopted by the Contractor for the execution of any item as required by
Engineer at each of the location, supported by necessary detailed drawing and sketches including those
of the plant and machinery that would be used, their locations, arrangement for conveying and handling
materials etc. and obtain prior approval of the Engineer-in-charge well in advance of starting of such
item of work. The Engineer-in-charge reserves the right to suggest modifications or make corrections in
the method proposed by the contractor, whether accepted previously or not, at any stage of the work to
obtain the desired accuracy, quality and progress which shall be binding on the contractor. No claim on
account of such change in method of execution will be entertained by Government so long as
specifications of the item remain unaltered. The full responsibility for the safety and adequacy of the
methods adopted by the contractor shall however, rest on the contractor, irrespective of any approved
given by the Engineer.

In case of slippage from the approved work program at any stage, the contractor shall furnish revised
program to make up the slippage within the stipulated time schedule and obtain the approved of the
Engineer to the revised program.

PROGRESS SCHEDULE

(b) The Contractor shall furnish within the period stipulated in writing by the Engineer-in-charge of the
order to start the work, progress schedule using PERT/CPM technique in quadruplicate indicating the
date of actual start, the monthly progress expected to be achieved and anticipated completion date of
each major item of work to be done by him, also indicating and setting up materials, plants and
machinery. The schedule is to be such as is practicable of achievement towards the completion of the
whole work in the time limit and of the particular items, if any on the due date specified in the contract
and shall have the approval of the Engineer-in-charge. No revised schedule shall be operative without
such acceptance in writing. The Engineer is further empowered to ask for more detailed schedule or
schedules in weekly form, for any item or items, in any case of urgency of work as will be directed by
him and the contractor shall supply the same as and when asked for.

(c) The Contractor shall employ sufficient plant, equipment and labour as may be necessary to maintain the
progress schedule. The working and shift hours restricted to one shift a day for operations to be done
under the Government supervision shall be such as may be approved by the Engineer-in-charge. They
shall not be varied without the prior approval of the Engineer. Night work requiring supervision shall
not be permitted expect when specifically allowed by Engineer on each item, if requested by
Contractor. The Contractor shall provide necessary lighting arrangements etc. for night work as
directed by the Engineer without extra cost to Government. Further, the contractor shall submit the
progress of work in prescribed forms and charts etc. at periodical intervals, as may be specified by the
Engineer-in-charge. Schedule shall be in the form of progress charts, forms, progress statement and/or
reports as may be approved by the Engineer. The contractor shall maintain pro-forma, charts, details
regarding machinery, equipment, labour, materials, personnel etc. as may be specified by the Engineer
and submit periodical returns thereof as may be specified by the Engineer-in-charge.
(d) CONSTRUCTION EQUIPMENT AND LOCATION :

The Contractor shall be required to give a trial run of the equipment’s for establishing, their capability
to achieve the laid down specifications and tolerance to the satisfaction of the Engineer before
commencement of the work. All equipment provided shall be of proven efficiency and shall be
operated and maintained at all times, in a manner acceptable to the Engineer and no equipment or
personnel will be removed from site without permission of the Engineer.

6.4 TREASURE TROVE:

In the event of discovery by the Contractor or his employees, during the progress of the works of any
treasure, fossils, minerals or any other articles or value of interest, the Contractor shall give immediate
intimation thereof to the Engineer such treasure of things which shall be the property of the
Government.

6.5 QUARRIES:

6.5.1 The Contractor (s) shall have to arrange himself / themselves to procure the quarry. However necessary
assistance without any extra cost to Government will be rendered by the Department for procuring the
quarries if required by the Contractor.

6.5.2 The quarrying operation shall be carried out by the Contractor with proper equipment such as
compressor, jack-hammers, drill bits, explosives etc. and sufficient numbers of workmen shall be
employed so as to get the required out-turn.

6.5.3 The Contractor shall carry out the works in the quarries in conformity with all the rules and regulations
already laid down or that may be laid down from time to time by the Government . Any cost incurred
by the Government due to noncompliance of any rules or regulations or due to damages by the
Contractor shall be the responsibility of the Contractor. The Engineer-in-charge or his representative
shall be given full facility by the Contractor for inspection at all times of the working of the quarry,
records maintained, the stocks of the explosives and detonators etc. So as to enable him to check that
the working records and storage are all in accordance with the relevant rules. The Engineer-in-charge or
his representative shall at any times be allowed to inspect the work, building and equipment at the
quarters.

6.5.4 The Contractor shall maintain at his own cost the books, registers etc. required to be maintained under
the relevant rules and regulations and as directed by the Engineer-in-charge. These books shall be open
for inspection at all times by the Engineer-in-charge or his representative and the Contractor shall
furnish the copies or extract of books or registers as and when required.
6.5.5 All quarrying operations shall be carried out by the Contractor in organized and expeditious manner,
systematically and with proper planning. The Contractor shall engage licensed blasters and adopt
electric blasting and / or any other approved method which would ensure complete safety to all the men
engaged in the quarry and its surroundings. The Contractor shall himself provide suitable magazines
and arrange to procure and store explosives etc. as required under the rules at his own cost. The designs
and the location of the magazine shall be got approved in advance from the Chief Inspector of
Explosives and the Rules and Regulations in this connection as laid down by the Chief Inspector of
Explosives from time to time shall be strictly adhered to by the Contractor. It is generally experienced
that it takes time to obtain the necessary license for blasting and license for storage of materials from
the concerned authorities. The Contractor must therefore, take timely advance action for procuring all
such licenses so that the work progress may not be hampered.

6.5.6 The approaches to the quarrying place from the existing public roads shall have to be arranged by the
Contractor at his own cost and the approaches shall be maintained by the Contractor at his own cost till
the work is over.

6.5.7 The Quarrying operations shall be carried out by the Contractor to the entire satisfaction of the
Engineer-in-charge and the development of the quarry shall be made efficiently so as to avoid wastage
of stones. Only such stones as are of the required quality shall be used on the work. Any stone which is
in the opinion of the Engineer-in-charge , not in accordance with the specifications or of required
quality will be rejected at any time, at the quarry or at the site of work. The rejected stones shall not be
used on the work and such rejected materials shall be removed to the place shown at the Contractor's
cost.

6.5.8 Since all stones quarried from Government quarry (if made available) by the Contractor including the
excavated over burden are the property of the Government , no stones or earth shall be supplied by
Contractor to any other agencies or works and are not allowed to be taken away for any other works.
All such surplus quarried materials not required for work under this contract shall be the property of the
Government and shall be handed over by the Contractor to the Government free of cost at the quarry
site duly heaped at the spots indicated by the Engineer-in-charge .

6.5.9 Quarrying permission will have to be directly obtained by the Contractor, from the Collector of the
District concerned for which purpose the Department will render necessary assistance. All quarry fees,
royalty charges, Octroi duties, ground rent for staking material etc. if any to be paid, shall be paid
directly by the contractor as per prevailing rules in force.
6.5.10 The Contractor will be permitted to erect structures such as stores, office, huts for the labors at his own
risk and cost at the quarry site, if suitable vacant space in Government area is available for the purpose
at places approved by the Engineer-in-charge. On completion of the work the Contractor shall remove
all the structures erected by him and restore the site to its original condition.
6.5.11 The Contractor shall not use any land in the quarry for cultivation or for any other purpose except, that
required for breaking or stacking or transporting stones.

6.6 COLLECTION OF MATERIALS :-

(I) Where suitable and approved P.W. Department's quarries exist the Contractor or piece worker will be
allowed if otherwise there is no objection to obtain the materials to the extent required for the work
from the quarry. He will be, however, liable to pay compensation, if any damage caused to the quarry
either deliberately or through negligence or for wastage of materials by himself or his staff or labour.
The Contractor shall pay necessary royalty in advance and claim refund according to rules, if
admissible and shall submit detailed accounts of materials quarried as directed.

(II) Where no suitable P.W. Department's quarries exist or when the quantity of the material required
cannot be obtained from a P.W. Department quarry, the Contractor or piece worker shall make his own
arrangements to obtain the material from existing or a new quarry in Government waste land, private
land or land belonging to other States or Talukas etc. After opening the quarry but before starting
collection, the quarry shall be got approved from the Engineer-in-charge or his representatives. The
Contractor or piece worker shall pay all royally charges, compensation etc. No claims or responsibility
on account of any of obstructions caused to execution of the work by difficulties arising out of private
owners of the land will be entertained.

(III) The rates in the tender, include all incidental charges such as opening of a new quarry, opening out a
new portion in an existing quarry, removing top soil and the unsuitable material, dewatering, quarry,
cost of blasting powder and fuse, lift and lead, repairs to existing cart tracks, making new cart tracks,
control charges, Central/State Government or NAGAR Taxes, etc.

(IV) The rates in the tender are for the delivery of the approved material on road side, properly stacked at the
places specified by the Engineer-in-charge and are inclusive of conveyance charges in respect of the
leads and lifts. No claims on account of changes in lead will be entertained.

(V) No material shall be removed from the land within the road boundary or from the land touching it
without the written permission of the Engineer-in-charge or his authorised agent. If any material is
Un-authorisely obtained from such places, the Contractor or piece worker shall have to make good the
damages and pay such compensation, in addition as may be decided by the Chief Officer and will have
to stop further collection.
(VI) Any material that falls on any P.W.D. Road from the cart etc. during conveyance shall be immediately
picked up and removed by the Contractor or piece worker, failing which it will be got removed
departmentally at his cost. No heap shall be left prior to stacking even temporarily on the road surface
or in any way so as to cause any obstruction or danger to the traffic. The Contractor or the piece worker
shall be liable to pay for any claims of compensation etc. arising out of any accident, etc. Any such
materials causing obstruction or danger etc. will be got removed departmentally at his cost and no
claim for any loss or damage to the material, thus removed will be entertained. The Contractor shall
also be responsible for the damage or accident etc. arising out of any material that falls on the road or
track, not in charge of the Department and shall attend to any complaints which may be received.
(VII) The materials shall not be stacked in place where it is liable to be damaged or lost due to traffic passing
over it, to be washed away by rain or floods, to be buried under the land slides etc. or the slip down an
embankment or hill side etc. No claims for any loss due to these and similar causes will be entertained.
(VIII) Before stacking, the materials shall be free from all earth, rubbish, vegetable matter and other
extraneous substance and in the case of metal, screened to gauge if so directed when ready. It shall be
stacked entirely clear of the road way on ground which has been cleaned of vegetation and levelled. On
high banks, ghat roads etc. where it may not be practicable to stack it entirely clear of the roadway, it
may be stacked with the permission of the Engineer-in-charge on terms in such a way as to cause
minimum danger and obstruction to the traffic or as may be directed by him.

(IX) The size of the stack of the materials other than rubble shall be 3 x 1.5 x 0.60 metre or such other size
as may be directed by the Engineer-in-charge and all but one stack in 200 meters shall be of the same
uniform size and shall be uniformly distributed over whole lengths. One stack (at the end) in each 200
meters may be of length different from the rest in order to adjust total quantity to be required but its
width and height will be the same as those of the rest.

(X) The Engineer in charge or his authorised representative shall supply the Contractor with statement
showing 200 meters wise quantities that will be required and the order in which the collection is to be
done. No materials in excess of requirements in that 200 meters shall be stacked. Any excess quantity
shall be removed at the expense of the Contractor or piece worker to where it is required before the
material in that 200 meters is finally measured.

(XI) All materials shall be examined and measured before it is spread. The labour for measurements (and
check measurements wherever carried out) shall be supplied by the Contractor or piece worker.
Immediately after the measurements are recorded, the stacks shall be marked by the contractor or piece
worker by white wash or otherwise as may be directed by the Chief Officer to prevent from any
possibility of the same material being
 measured and recorded over again and to prevent any unauthorized tampering with the stacks. If the
contractor or the piece worker fails to attend the measurements of materials after receiving the notice
from the Sub Divisional Officer or his subordinate stating date and time of the intention to measure the
work, the same shall be measured nevertheless and no complaint in this respect will be entertained
later-on. If the contractor or piece worker fails to supply sufficient labour or the materials required at
the time measurements or check measurements, after due notice has been given to him, the expenses
incurred on account of employing departmental labour or material etc. shall be charged against his
account.

6.7 AGENT AND WORK ORDER BOOKS :-

The contractor shall himself engaged an authorized all time agent on the work capable of managing and
guiding the work and understand the specifications and contract condition. A qualified and
experienced, Engineer shall be employed by the contractor as his agent for technical matters in case the
Engineer-in-charge considers this as essential for the work and so directs contractors. He will take
orders as will be given by the Chief Officer or his representative and shall be responsible for carrying
them out.
This agent shall not be changed without prior intimation to the Chief Officer and his representative on
the work site. The Engineer-in-charge have the unquestionable right to ask for change in the quality and
strength of contractor’s supervisory staff and to order removal from work of any of such staff. The
contractor shall comply with such orders and effect replacements to the satisfaction of the Engineer-in-
charge.

A work order book shall be maintained on site and it shall be the property of the Government and the
contractor shall promptly sign orders given therein by the Chief Officer or his representative and his
superior officers and comply with them. The compliance shall be reported by the Contractor to the
Engineer in good time so that it can be checked. The blank work order with machine numbered pages
will be provided by the Department free of charge for this purpose. The contractor will be allowed to
copy out instructions therein from time to time.

6.8 INITIAL MEASUREMENTS FOR RECORD:-

Where for proper measurement of work, it is necessary to have initial set of levels or other
measurements taken, the same as recorded in the authorised field book or measurement book of
Government by the Engineer or his authorised representative will be signed by the Contractor who will
be entitled to have a true copy of the same made at his cost. Any failure on the part of the Contractor to
get such levels etc. recorded before starting the work will render him liable to accept the decision of the
Engineer as to the basis of taking measurements. Like-wise the Contractor will not cover any work
which will render its subsequent measurements difficult or impossible

without first getting the same jointly measured by himself and the authorised representative of the
Chief Officer. The record of such measurements on the Government side will be signed by the
Contractor and he will be entitled to have a true copy of the same made at his cost.

57
6.9 HANDING OVER OF WORK :-

All the works and materials before finally taken over by Government it will be the entire liability of the
Contractor to guard, maintain and make good any damage of any magnitude. Interim payments made
for such work will not alter this position. The handing over by the Contractor and taking over by the
Chief Officer or his authorised representative will be always in writing copies of which will go to the
Chief Officer or his authorised representative and the Contractor. It is however, understood that before
taking over such work, Government will not put it into regular use as distinct from casual or incidental
one, expect as specifically mentioned elsewhere in this contract, or as mutually agreed to.
6.10 ASSISTANCE IN PROCURING PRIORITIES, PERMITS, ETC :

The Engineer on a written request by Contractor will, if in his opinion the request is reasonable and in
the interest of work and its progress, assist the Contractor in securing, the priorities for deliveries,
transport, permits for controlled materials etc. where such are needed. The Department will not
however be responsible for the non-availability of such facilities or delays on this behalf and no claims
on account of such failure of delays shall be allowed by the Department.

The Contractor shall have to make his own arrangement for machinery required for the work. However
if the same is conveniently available with the Department it may be spared as per the rules in force on
recovery of necessary Security Deposit and rent at the rate approved from time to time by the
independent agreement to this contract and the supply or non supply of machinery shall not form a
ground for any claim or extension of time for this work.

7. SAMPLES AND TESTING OF MATERIALS:

i) All materials to be used on work, such as cement, lime, aggregates, stone, asphalt, etc. shall be got
approved in advance from the Engineer-in-charge and shall pass the tests and analysis required by him,
which will be :

a) as specified in the specifications of the items concerned and / or

b) Red book

c) as specified by the Indian Road Congress Standard Specification and code of practice for Road and
Bridges or

d) I.S.I. Specifications (whichever and wherever applicable ) or

e) As per M.O.R.T. & H specifications for Roads and Bridges latest edition Section 900 quality control
for road work.

f) Such recognized specifications acceptable to the Engineer-in-charge as equivalent there to or in the

absence of such authorised specifications

g) Such requirements test and/or analysis as may be specified by the Engineer-in-charge in the order of
procedure given above.
ii) The Contractor shall at his risk and cost make all arrangement and/or shall provide for all such facilities
as the Engineer-in-charge may require for collecting, preparing required number of samples for test or
analysis at such time and to such places as may be directed by Engineer and bear all such charges, such
samples shall also be deposited with Engineer-in-charge .

iii) The Contractor shall as and when required submit at his cost the samples of materials to be tested or
analysed and if, so directed, shall not make use of or incorporate in the work any material represented
by the samples until the required test or analysis have been made and after the test of the materials,
finally accepted by the Engineer-in-charge

iv) The contractor shall not be eligible for any claim or compensation either rising out of any delay in the
work or due to any corrective measure required to be taken on account of and as a result of testing of
the materials.

v) The contractor or his authorised representative will be allowed to remain present in the Department
laboratory which testing the samples furnished by him. However the results of all the tests carried out
in the Departmental laboratory whether in the presence or in absence of the contractor or his authorised
representative will be binding on the contractor.

vi) Quality Control Tests :-The contractor shall at his own cost set up Laboratory at site of work to
carryout the testing of materials which are to be used for the work. This laboratory shall be approved by
the Engineer-in-charge. The testing shall be done as per frequencies mentioned in the
specification/additional specification of each item of Schedule 'B'. All Tests shall be carried out in
Vigilance and Quality Control Laboratory at the cost of contractor as per instruction given by Engineer
in charge/Chief Officer. Site lab testing also can be done as per requirement.

vii) In case of material procured by the contractor, testing as required by the Codes and Specifications shall
be arranged by him at his own cost. Testing shall be done in the presence of authorized representative
of the Engineer in charge, at the nearest approved laboratory. If additional testing other than as
required by specification is ordered, the testing charges, shall be borne by the Department, in case the
test results are satisfactory and by the contractor if the same are not satisfactory.

viii) In case of materials specified by the Government, if the contractor demands certain testing, the charges
thereof shall be paid by the contractor if the testing results are satisfactory and the Department if the
same are not satisfactory.

ix) Contractor shall have testing machinery/apparatus in his possession as mentioned.

7.1 QUALITY CONTROL ON WORKS AND MATERIALS:

The Contractor shall be responsible for the quality of the work in the entire construction work within
the contract. He shall, therefore, have his own independent and adequate set up for ensuring the same.
This shall include establishing field laboratory for testing required for works. The laboratory shall be
equipped with the equipment’s and apparatus required for the testing. The list of various
equipment’s/apparatus is enclosed for information and guidance of the Contractor. These equipment’s
shall be in working condition. The Engineer in charge of the work will verify these equipment’s in the
laboratory at site. The work shall not be started unless and until the laboratory is equipped with
equipment’s.
7.2 CO-ORDINATION:

When several agencies for different sub-works of the project are to work simultaneously on the project
site, there must be full coordination between the contractors to ensure timely completion of the whole
project smoothly. The scheduled dates for completion specified in each contract shall therefore, be
strictly adhered to. Each contractor may make his independent arrangements for water, power, housing
etc. if they so desire. On the other hand the Contractor are at liberty to come to mutual agreement in
this behalf and make joint arrangements with the approval of the Engineer. No Contractor shall take or
cause to be taken any steps or action that may cause, disruption, discontent, or disturbance of work,
labour or arrangement etc. of the contractor in the project localities. Any action by any Contractor
which the Engineer in his unquestioned discretion may consider as infringement of the above code,
would be considered as a breach of the contract conditions and shall be dealt-with accordingly.

In case of any dispute of disagreement between the Contractors, the Engineer’s decision regarding the
co-ordination, co-operation and facilities to be provided by any of the Contractor shall be final and
binding on the contractors concerned and such a decision shall not vitiate any contract nor absolve the
Contractor of his obligations under the contract nor consider from the grounds for any claim or
compensation.

7.3 TEMPORARY QUARTER AND SITE OFFICE:

I) The Contractor shall at his own expense maintain sufficient experienced supervisory staff etc. required
for the work and shall make his own arrangements for housing such staff with all necessary amenities.
General layout plan for such structures shall be got approved from the Engineer-in-charge. It will be the
responsibility of the Contractor to get his lay out plan of temporary structure approved from the local
competent authority.

II) The contractor shall provide furnish, maintain and remove on completion of the work; a suitable office
on the work site for the use of Chief Officer or his representative. The covered area exclusive of
verandas should not be less than 40.00 Sqm. It may have brick walls and asbestos or corrugated iron
roof, paved floor should be 45 cm. above ground level. He should provide latrines, urinals and keep
them clean daily. This will be supposed to be included in his offer.
7.4 PATENTED DEVICES, MATERIALS AND PROCESSES :

When the Contractor desires to use any designed device, materials or process covered by letter of
patent or copy right, the right for such use should be secured by suitable legal arrangement and
agreement with patent owner and a copy of their agreement shall be filed with the Engineer-in-charge if
so desired by the latter.

7.5 WATER SUPPLY :

Availability of adequate water for works and sources thereof shall be confirmed by the Contractor
before submitting the tender.

The Contractor shall make his own arrangements at his own cost for entering into contract with
concerned authorities for obtaining the connection and carry the water upto the work site as required by
him. The location of the pipe line with respect to the road shall be decided by Engineer-in-charge and
shall be binding on the Contractor.

The Contractor is advised to provide water storage tank of adequate capacity to take care of possible
shutdown of water supply system.

The Contractor shall have to supply water required by the Department for its establishment at work site.
The water consumed by the Department will be metered. For providing the meter permission, if
necessary will be arranged by the Department. Charges for the water consumed by the Department will
be paid to the Contractor at the rates of 125% of the recurring costs or actually charged to him by
concerned authorities and no other charges would be payable by the Department.

7.6 ELECTRICITY :

The Contractor will have to make his own arrangement at his own cost for obtaining or providing
electric supply at work site.

Electrical supply for the Departments use at work site shall be provided by the contractor. No charges
would be payable by the Department.
8. SAFETY MEASURES AND AMENITIES:

8.1 SAFETY MEASURES :

The Contractor shall take all necessary precautions for the safety of the workers and preserving their
health while working on such job as require special protection and precautions wherever required. The
following are some of the requirements listed, through not exhaustive. The contractor shall also comply
with the directions issued by the Engineer in this behalf from time to time and at all times.
(i) Providing protective foot-wear to workers, in situations like mixing and placing of mortar or concrete,
in quarries and place where the work is to be done under too much wet conditions as also for
movements over surfaces infected with oyster growth etc.

(ii) Providing protective head wear to workers, working in quarries etc. to protect them against accidental
fall of materials from above.

(iii) Taking such normal precautions like providing hand rails to the edges of the floating platform or
barges, not allowing nails or metal parts or useless timber to spread around etc.

8.2 AMENITIES :

(I) Supporting workmen with proper belts, ropes etc. when working on any masts, cranes, grabs, hoist,
dredger etc.

(ii) Taking necessary steps towards training the workers concerned of the use of machinery before they are
allowed to handle it independently and taking all necessary precautions in and around the areas where
machines, hoists and similar units are working.

(iii) Avoiding bare live-wires etc. as would electrocute workers.

(iv) Making all platforms, staging’s and temporary structures sufficiently strong and not causing the
workmen and supervisory staff to take undue risks.

(v) Providing sufficient first aid trained staff and equipment to be available quickly at the work site to
render immediate first aid treatment in case of accidents due to suffocation, drowning and other
injuries.

(vi) Providing full length gum boots, leather hand gloves, leather jackets with fireproof aprons to cover the
chest and black reaching upto knees plain goggles for the eyes to the labour working with hot asphalt
handling vibrators in cement concrete and also where use of any or all these items is, essential in the
interest of health and well being of the labourers in the opinion of the Engineer.

8.3 EXPLOSIVE :

The Contractor shall at his own expense construct and maintain proper magazines, if such are required
for the storage of explosives for use in connection with the work and such magazines, being situated
constructed and maintained in accordance with the Government Rules applicable in that behalf. The
Contractor shall at his own expenses obtain such license or licenses as may be necessary for storing and
using explosives. Notwithstanding that the location etc. or storage of explosives are approved by the
Engineer , the Government , shall not bear any responsibility whatsoever in connection with the storage
and use of explosives on the site or any accident or occurrence what -so-ever in connection, therewith,
all operations of the Contractor in or for which explosives employed being at the risk of contractor and
upon his sole responsibility and the Contractor hereby gives to Government an absolute indemnity in
respect thereof.
8.4 DAMAGE BY FLOODS OR ACCIDENTS :-

The contractor shall take all precautions against damage by floods or from accident etc. No
compensation will be allowed to the Contractor on this account or for correcting and repairing any such
damage to the work during construction The Contractor shall be liable to make good at his cost any
plant or materials belonging to the Government lost or damaged by floods or from any other cause
while is in his charge.

8.5 RELATION WITH PUBLIC AUTHORITIES:

The Contractor shall comply with all rules, regulations, bye-laws and directions given from time to
time by any local or public authority in connection with this work and shall himself pay all charges
which are leviable on him without any extra cost to the Government .

POLICE PROTECTION:

For the Special Protection of camp of the Contractor's works, the Department will help the Contractor
as far as possible to arrange for such protection with the concerned authorities, if so required by the
contractor in writing. The full cost of such protection shall be borne by the Contractor .

8.6 INDEMNITY:

The Contractor shall indemnify the Government against all actions, suits, claims and demands brought
or made against it in respect of anything done of committed to be done by the contractor in execution of
or in connection with the work of this contract and against any loss or damage to the Government in
consequence to any action or suit being brought against the Contractor for anything done or committed
to be done during the execution of this contract.

The Government may at its discretion and entirely at the cost of the contractor defend such suit, either
jointly with the Contractor or single in case the latter chooses not to defend the case.

8.7 MEDICAL AND SANITARY ARRANGEMENTS TO BE PROVIDED FOR

LABOUR EMPLOYED IN THE CONSTRUCTION BY THE CONTRACTOR

a) The Contractor shall provide an adequate supply of pure and wholesome water for the use of labourers
on work and in camps.

b) The Contractor shall construct trench or semi permanent latrines for the use of the Labors. Separate
latrines shall be provided for men and women.

c) The Contractor shall build sufficient number of huts on a suitable plot of land for use of the labourers
according to the following specifications :-

1. Huts with Bamboo’s and Grass may be constructed.

2. A good site not liable to submergence shall be selected on high ground remote from jungle but well
provided with tress, shall be chosen wherever it is available. The neighborhood of tank, jungle, trees or
wood should be particularly avoided, Camps should not be established close to large cutting of earth
work.

3. The lines of huts shall have open space of at least ten meters between rows. When a good natural
site cannot be procured, particular attention should be given to the drainage.

4. There should be no over crowding. Floor space at the rate of 3 Sq. meter per head shall be
provided. Care should be taken to see that the huts are kept clean and in good order.

5. The Contractor must find his own land and if he wants Government land, he should apply for it.
Assessment for it, if demanded will be payable by Contractor. However the Department does not bind
itself for making available the required land.

a) The Contractor shall construct a sufficient number of bathing places, Washing places should
also be provided for the purpose of washing cloths.

b) The Contractor shall engage a Medical Officer with a travelling dispensary for a Camp
containing 500 or more persons if there is no Government or other private dispensary situated with 8
Kms. from the camp. In case of emergency the Contractor shall arrange a this cost of transport for
quick medical help to his sick worker.

c) The Contractor shall provide the necessary staff for effecting satisfactory conservancy and
cleanliness of the camp to the satisfaction of the Engineer-in-charge. Atleast one sweeper per 200
persons should be engaged.

d) The Assistant Director of Public Health shall be consulted before opening a labour camp and
his instruction on matters such as water supply, sanitary conveniences, the camp site accommodation
and food supply shall be followed by the Contractor.

e) The Contractor shall make arrangements for all antimalarial measures to provided for the
labors employed on the work. The antimalarial measures shall be provided as directed by the Assistant
Director of Public Health.

f) The anti-malaria and other health measures shall be as directed by the Joint-Director (Malaria
and Filaria) Health Services, Pune.

g) Contractor shall see that mosquitogenic condition are not created so as to keep vector
populations to minimum level.

h) Contractor shall carry out anti-malaria measures in the area as per guidelines prescribed under
National Malaria Eradication Program and as directed by the Joint Director, (M & F) of Health
Services Pune.

i) In case of default in carrying out prescribed antimalaria measures resulting in increase in

Malaria incidence, contractor shall be liable to pay to Government the amount spent by Government on
anti-malaria measure to control the situation in addition to fine.

j) The Contractor shall make sufficient arrangements for draining away the surface and sullage
water as well as water coming from the bathing and washing places and shall dispose off this waste
water in such way as not to cause any nuisance. He shall also keep the premise clean by employing
sufficient number of sweepers.

k) The Contractor shall comply with all rules, regulation bye-law and directions given from time
to time by any local or public authority in connection with this work and shall pay fees or charges
which are leviable on him without any extra cost to Government.
 l) In addition to above all provisions of the relevant labour act pertaining to basic amenities to be
provided to the labourer shall be applicable which will be arranged by the Contractor.

9. MISCELLANEOUS:

9.1 For providing electric wiring or water lines etc. recesses shall be provided if necessary through walls,
slabs, beams etc. and later on refilled it with bricks or stones, chipping cement mortar without any extra
cost.

9.2 In case it becomes necessary for the due fulfillment of contract for the Contractor to occupy land
outside the Department limits, the Contractor will have to make his own arrangements with the land
owners and pay such rents, if any, are payable as mutually agreed between them.

9.3 The Contractor shall duly comply with the provision of the Apprentices Act 1961 (iii of 1961) and the
rules and orders made there under from time to time under the said Rules and on his failure or neglect
to do so he shall be subject to all the liabilities and penalties provided by the said Act and Rules.

9.4 It is presumed that the Contractor has gone carefully through the Standard Specification (Vol. I & II
1981 Edition) M.O.R.T. & H specifications (edition 2001) and Schedule of Rate of the division, and
studied the site conditions before arriving at rates quoted by him. The special provisions and detailed
specification of wording of any item shall gain precedence over the corresponding contrary provisions
(if any) in the standard specification given without reproducing the details in contract. Decision of
Engineer-in-charge shall be final in case of interpretation of specification.

9.5 If the standard specifications fall short for the items quoted in the schedule of this contract reference
shall be made to the latest Indian Standard specifications, I.R.C. codes. If any of items of this contract
do not fall in reference quoted above, the decision and specifications as directed by the Engineer-in-
charge shall be final.

9.6 The stacking and storage of building materials at site shall be in such a manner as to prevent
deterioration or inclusion of foreign materials and to ensure the preservation of the quantity, properties
and fitness of the work. Suitable precautions shall be taken by Contractor to protect the materials
against atmospheric action fire and other hazards. The materials likely to be carried away by wind shall
be stored in suitable stores or with suitable barricades and where there is likelihood of subsidence of
soil, heavy materials shall be stored on paved platforms. Suitable separating barricades and enclosure as
directed shall be provided to separate materials brought by contractor and from different sources of
supply.

10. DEFINITIONS:

Unless excluding by or repugnant to the context :-

a) The expression "Government" as used in the tender documents shall mean the Public Works
Department of the Government of Maharashtra.

b) The expression "The Chief Engineer" as used anywhere in the tender papers shall mean officer
for the time being of the Government of Maharashtra who is designated as such.

c) The expression "Chief Officer" as used in the tender papers shall mean the officer of Chief
Officer rank (by whatever designation he may be known) under whose control the work lies for the
time being.

d) The expression “Engineer” or “Engineer-In-Charge” as used in the tender papers shall mean
the Chief Officer-in-charge of the work.

e) The expression "Contractor" as used in the tender papers shall mean the successful tenderer
that is the tenderer whose tender has been accepted, and who has been authorised to proceed with the
work.
 f) The expression "Contract" as used in the tender papers shall mean the deed of contract
together with or its original accompaniment and those later incorporated in it by mutual consent.

g) The expression "Plant" as used in the tender papers shall mean very temporary and necessary
means necessary or considered necessary by the Engineer to execute, construct, complete and maintain
the works and used in altered, modified, substituted and additional works ordered in the time and in the
manner herein provided and all temporary materials and special and other articles of appliances of
every sort, kind and description whatsoever intended or used therefor.

h) The expression “Department” as used in the tender papers shall means Public Works
Department of Government of Maharashtra.

i) The “Accepting authority” shall mean the officer competent to accept the tender.

j) The “Site” shall mean the land and/or other places where the work is to be executed under the
contract including any other land or places which may be allotted by the Government or use for the
purpose of contract.

11. TESTING ETC.:

The Contractor shall be responsible for the quality of the work in the entire construction work within
the contract. He shall, therefore, have his own independent and adequate setup for ensuring the same.
This shall include establishing field laboratory for testing required for concrete works.

12. AUTHORITIES OF THE ENGINEER IN CHARGE:

Save in so far as it is legally or physically impossible the Contractor shall execute, complete and
maintain the works in strict accordance with the contract under the directions and to the entire
satisfaction of the Engineer in charge and shall comply with and adhere strictly to the Engineer-
in-charge’s instructions and directions on any matter (Whether mentioned in the contract or not)
pertaining to this works.
The Engineer in charge shall decide all questions which may arise as to quality and acceptability
of materials furnished and work executed, manner of execution, rate of progress of the works,
interpretation of the plans and specifications and acceptability of ful-fillment of the contract on
the part of the Contractor . He shall determine the amount and quantity of work performed and
materials furnished and his decision shall be final. In all such matters, and in any technical
questions which may arise touching the contract, his decision shall be binding on the Contractor.
The Engineer in charge shall have the power to enforce such decisions and orders if the
Contractor fails to carry them out promptly. If the Contractor fails to execute the work ordered
by the Engineer-in-charge . The Engineer in charge may give notice to Contractor specifying a
reasonable period therein and on the expiry of that period proceed to execute such work as may
be deemed necessary and recover the cost there of from the Contractor.

12.1 AUTHORITIES OF THE ENGINEER-IN-CHARGE'S REPRESENTATIVE

The duties of the representative of the Engineer-in-charge are to watch and supervise the work
and to test and examine any material to be used for workmanship employed in connection with
the works.
12.2 The Engineer-in-charge may from time to time, in writing delegate to his representative any of
the powers and authorities vested in the Engineer-in-charge and shall furnish to the Contractor a
copy of all such delegations of powers and authorities. Any written instruction or approval given
by the representative of the Engineer-in-charge to the Contractor within the terms of such
delegations (but not otherwise) shall bind the Contractor and the Department as though it had
been given by the Engineer-in-charge , provided always as follows.

a) Failure of the representative of the Engineer-in-charge to disapprove any work or

material shall not prejudice the power of the Engineer-in-charge there after to
disapprove such work or materials and to order to pulling down, removal or breaking up
thereof.

b) If the Contractor is dissatisfied with any decision of the Representative of the Engineer-
in-charge he shall be entitle to refer the matter to the Engineer-in-charge, who shall
there upon confirm/reverse or vary such decision.
13. LAY OUT OF WORK:

Layout of the work will be done by the Contractor in consultation with the Chief Officer of the
Department or his representative, some permanent marks should however be established to indicate the
demarcation of the structure or any component there of made to this permanent marks in measurement
books and drawing signed by the contractor and the departmental officer, Responsibility regarding
layout will be joint.

14. SETTING OUT

14.1 RESPONSIBILITIES FOR LEVEL AND ALIGNMENT :-

The contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment,
the levels and correctness of every part of the work and shall rectify effectually any errors or
imperfections therein, such rectifications shall be carried out by the contractor, at his own cost, when
instructions are issued to that effect by the Engineer in charge.

15. LEVELING INSTRUMENTS :-

If measurements of items of the work are based on volumetric measurements calculated from levels
taken before and after the construction of the item, a large number of levelling staves, tapes etc. will
have to be kept available by the contractor at the site of the work for this purpose. Lack of such
levelling staves, tapes etc. in required numbers may case delay in measurements and the work. The
contractor will have therefore to keep sufficient numbers of these instruments readily available at site
and in good working condition.

16. STACKING AND STORAGE AND GUARDING OF MATERIALS:

16.1 The stacking and storage of material at site shall be in such a manner as to prevent deterioration or
intrusion of foreign matter and to ensure the preservation of their quality, properties and fitness for the
work. Suitable precautions shall be taken by the Contractor to protect the materials against atmospheric
action, fire and other hazards. The materials likely to be carried away by wind shall be stored in
suitable stores or with suitable barricades and where there is likely hood of subsidence of soil, heavy
materials shall be stored on paved platforms.

Suitable separating barricades and enclosures as directed shall be provided to separate materials
brought by Contractor and materials issued by Government to Contractor under Schedule "A" Same
applies for the material obtained from different sources of supply.

16.2 The Contractor shall at his own expense engage watchman for guarding the materials and plant and
machinery and the work during day and night against any pilferage or damage and also for prohibiting
trespassers.

16.3 No materials brought to the site shall be removed from the site without the prior approval of the
Engineer-in-charge.

17. INSPECTION OF WORKS.

17.1 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 affecting the
further progress of the work.

17.2 The Contractor shall provide at his cost necessary ladders and such arrangements as are considered safe
by the Engineer-in-charge for proper inspection of all parts of the work.
17.3 Contractor shall extend his full co-operation and make all necessary arrangements when needed for
carrying out inspection of the work or any part of the work by the local representatives, M.LAs, M.Ps
and officers and dignitaries / delegates of various Government departments, local bodies, private
sectors etc. No compensation shall be paid to the contractor on this account.

17.4 The work shall be carried out by the Contractor without causing damage to the existing Government
property and / or private property. If any such damage are caused, the Contractor shall pay for
restoration of the property to the original conditions, and any other consequent damages.

17.5 In the event of the occurrence of an accident involving serious injuries or death of any person, at site of
work or quarry or at any place in connection with the work the same shall be reported in writing within
twenty four hours of the occurrence to the Engineer-in-charge and Commissioner of Workmen's
compensation.

17.6 The Contractor after completion of work shall clean the site of all debris and remove all unused
materials other than those supplied by the department and all plant and machinery, equipment, tools etc.
belonging to him within one month form the date of completion of the work, or otherwise the same will
be removed by the department at his cost or disposed off as per departmental procedure. In case the
material is disposed off by the department, the sale proceeds will be credited to the Contractor’s
account after deducting the cost of sale incurred. However, no claim of Contractor regarding the price
or amount credited will entertained afterwards.

17.7 All constructional plant, provided by the Contractor shall when brought on to the site be deemed to be
exclusively intended for the construction and the contractor shall not remove the same or any part
thereof (save for the purpose of moving it from one part of the site to another) without the consent in
writing of the Engineer-in-charge who shall record the reasons for withholding the consent.

18. RESTRICTIONS BECAUSE OF LOCAL TRAFFIC:

As there is local traffic by the side of construction during construction for the bilding, the Contractor
will have to take proper precautions such as proper barricading, fencing, lighting, information and
cautionary boards for safe and smooth flow of traffic, and keeping the concerned authorities informed
about the work in progress.
19. COMPLETION CERTIFICATE:

19.1 The work shall not be considered to have been completed in accordance with the terms of the contract
until the Engineer-in-charge shall have certified in writing to that effect. No approval of material or
workmanship or approval of part of work during the progress of execution shall bind the Engineer-in-
charge or in any way prevent him from even rejecting the work which is claimed to be complete and to
suspend the issue of his certificate of completion until such alteration and modifications or
reconstruction have been effected at the cost of the Contractor as shall enable him to certify that the
work has been completed to his satisfaction.

19.2 After the work is completed the Contractor shall give notice of such completion to the Engineer-in-
charge and within 30 days of receipt of such a notice the Engineer-in-charge shall inspect the work and
if there is no defect in the work shall furnish the Contractor with a certificate indicating the date of
completion. However, if there are any defects which in the opinion of the Engineer-in-charge are
rectifiable he shall inform the Contractor the defects noticed. The Contractor after rectification of such
defects shall then inform the Engineer-in-charge and Engineer-in-charge on his part shall inspect the
work and issue the necessary completion certificate within 30 days if, the defects are rectified to his
satisfaction, and if not, he shall inform the Contractor indicating defects yet to be rectified. The time
cycle as above, shall continue.

19.3 In case defects noticed by the Engineer-in-charge which in his opinion are not rectifiable but otherwise
work is acceptable at reduced payment, work shall be treated as completed. In such cases completion
certificate shall be issued by the Engineer-in-charge within 30 days indicating the un-rectifiable defects
for which reduction in payment is being made by him.
19.4 The issue of completion certificate shall not be linked up with the site clearance on completion of the
work.

20. ANCILLARY WORK:

The Contractor shall submit to Engineer-in-charge in writing the details of all ancillary works including
layout and specifications to be followed for its construction. Ancillary work shall not be taken up in
hand unless approved by Engineer-in-charge. The Engineer-in-charge reserves the right to suggest
modifications or make complete changes in the layout and specifications proposed by the Contractor at
any stage to ensure the safety on the work site. The Contractor shall carry out all such modifications to
the ancillary works at his own expenses as ordered by Engineer-in-charge.

21 SPECIAL CONDITIONS:

21.1 The Contractor should ensure that all safety precautions are observed by their laboures, working closed
to the State Highway and while closing the State Highway precautions are taken including insurance
etc., for their labour at the cost of the contractor and the contractor will bear all the expenses,
compensation etc. if any accident occurs to the labour etc. No claim in this regard on whatsoever
account shall be entertained and this decision of the Department will be final and conclusive.

21.2 The Contractor shall observe the rules and regulation imposed by traffic police for smooth flow of
traffic on the diversion road and shall not be entitled for claims any compensation arising thereof.
21.3 In case of delay in handing over the land required for the work, due to unforeseen cause, the Contractor
shall not be entitled for any compensation what-so-ever form the Government on ground that the
machinery or labour was idle for certain period. Contractor may, however apply for extension of time
limit which may be granted on the merit of the case.
2. REJECTION OF MATERIALS NOT CONFORMING TO SPECIFICATIONS:

Any stock or batch of material(s) of which sample(s) does not conform to the prescribed test and
quality, shall be rejected by the Engineer or his representative and such materials shall be removed
from site by the Contractor at his own cost. Such rejected materials shall not be made acceptable by any
modifications.
Materials not corresponding in character and Quality with approved samples will be rejected by the
Engineer or his representative and shall be removed from site at the Contractor’s own cost.
23. INSPECTION OF OPERATIONS:

The Engineer and any person authorised by him shall at all times have access to the works and to all
workshops and places (including required documents) where work is being prepared or from where
materials, manufactured articles or machinery are being obtained for the works and the Contractor shall
afford every facility for & every assistance in or in obtaining the right to such access.

24. FIELD LABORATORY:

The Contractor shall arrange to provide a well-furnished and fully equipped field laboratory which shall
be manned by adequately qualified technical staff. The laboratory shall preferably be located adjacent
to the plant site and shall be provided with amenities like water supply, electric supply, toilet block etc.
The list of equipment is enclosed on Page No... This shall be considered as incidental to work and no
separate payment whatsoever will be made for the same.

25. SUPPLY OF COLOURED RECORD PHOTOGRAPHS AND ALBUMS:

The Contractor shall arrange to take dated post card size coloured photographs at various stages/facts of
the work including interesting and novel features of the work as desired by the Engineer-in-charge and
supply them in five copies each in separate albums of appropriate size. He shall also arrange for the
Video Filming of important activities of the work during the currency of the contract and edit it to a
video film of 60 to 180 minutes playing time.

It shall contain narration of the various activities in English/Marathi by a competent narrator. The
cassette shall be of acceptable quality and the film shall be capable of producing colour pictures. This
 shall be considered as incidental to the work and no additional payment whatsoever will be made for
the same.
26. SUPPLY OF SAFETY JACKETS TO LABOURERS/SUPERVISORS/ENGINEERS

As a safety measure during the execution of work all labour’s, construction and supervisory staff shall
be provided with an orange colour jacket in fluorescent blue so as to make them starkly visible from a
distance even during evening hours.

27. APPROVAL OF CONSTRUCTION MATERIALS AND CONSTRUCTION ACTIVITIES:

Approval of all materials for the work shall be obtained in writing from Engineer-in-charge or his
representative before its use in the Project.

Before taking up of any construction activity the construction work done earlier shall be got approved
in writing. Any failure on this account may result in the work for which the Contractor will be solely
responsible.

Materials and job mix, etc. shall be got approved in writing atleast 15 days in advanced of the
commencement of the corresponding activity. The testing charges shall be borne by the Contractor.

Besides the prescribed tests and frequencies any other test of tests over the prescribed frequency shall
also be carried out by the Contractor at his own cost if so directed by Engineer-in-charge or his
authorised representative.

28. CONDITION RELATING TO INSURANCE OF CONTRACT WORK.

Contractor shall take out necessary Insurance Policy/ (viz. Contractors All Risks Insurance Policy,
Erection All Risks Insurance Policy etc. as decided by the Directorate of Insurance) so as to provide
adequate insurance cover for execution of the awarded contract work for total contract value and
complete contract period compulsorily from the “Directorate of Insurance, Maharashtra State.
Similarly, all workmen’s appointed to complete the contract work are required to insure under
workmen’s compensation insurance policy. Insurance policy/policies taken out from any other
Company will not be accepted. If any contractor has effected Insurance with any insurance company
the same will not be accepted and the amount of premium calculated by the Government Insurance
Fund will be recovered directly from the amount payable to the Contractor for the executed contract
work and paid to the Directorate of Insurance Fund, Maharashtra State, NAGAR. The Director of
Insurance reserves the right to distribute the risks of insurance among the other insurers.

29. DIARY:

Contractor shall maintain, throughout the construction period, a diary in the from of a register regarding
the following :-

i) Daily presence of all categories of labors. ii) Daily availability and use of machinery and
equipment’s on work. iii) Daily procurement, Consumption and balance of materials on site. iv)
Daily record of various visiting authorities alongwith name of the officers visited and timing. v) Details of
work executed per day. The register shall be closed on daily basis and signature of Engineers in charge or his
representative should be taken over it.

30. EXECUTION OF ELECTRICAL WORK:

30.1 The Execution of electrical work through joint venture or subletting shall be the responsibilitythe of
tenderer.

30.2 The Chief Officer, will be in charge of electrical the work. The contractor will execute
part ofthe electrical work as per instruction of
Engineer-in-charge.
31. ADDITIONAL TECHNICAL CONDITIONS

31.1 The work shall be carried out in the best workmanship like manner and in strict accordance with
P.W.D. hand book Volume I & II 1960. Edition supplemented by specification attached and as per
Standard Specifications Book of Government of Maharashtra of 1979 and as per specific order of the
Chief Officer or his representative from time to time.

31.2 The orders issued by the Government in P.W. Department from time to time regarding construction
procedure shall be binding on the contractor in addition to the specification contained in P.W.D. hand
book Volume I & II and book of standard specification of P.W. Department and the specifications
enumerated above.

31.3 The contractor shall submit day to day account of the materials issued to him and its use and also
monthly progress and program of work.

31.4 a) The concrete mix design shall be got approved from Engineer in charge and the mix
design shall give preliminary strength of 1.33 times working strength.

b) The maximum size of aggregate permissible would be as per A-7 page-8 of Standard
Specifications Book 1979 Edition.

31.5 The items provided with watering for curing include continuous watering operations through out the
day including lunch hours and also during holidays. For this purpose contractor shall have to construct
tank of approximate required liters capacity near each building and provide necessary Booster Pumps
etc. to ensure adequate curing and wetting. Hold fasts coming in contact with R.C.C. columns shall be
of sizes 30 cm x 4 cm to be fitted with two rows, nails fixed properly in concrete.

31.6 For all sand covering items, use of washed mixer sand (with sand washing machine) is obligatory. No
separate claim in this regard will be entertained.

31.7 Material testing requirement frequency and type of testing is enclosed separately. Material to be used
shall be tested accordingly and cost shall be borne by contractor.

31.8 For R.C.C. centering plywood and M.S. sheet of approved quality shall be used and adjustable props
and fasteners shall be used.
31.9 The execution of any work from external side of the building 'H' frame steel scaffolding shall be used.
No separate payment for claims in this regard shall be entertained.

30.10 The scaffolding shall not be supported on existing external walls of the building by making holes in it
and also the scaffolds shall not rest on any part of the building.

32 Quality Assurance Manual: Contractor shall prepare the quality assurance manual booklet in
consultation with the Chief Officer. Quality assurance manual shall be comprehensive document
covering every aspect of the work. Chief Officer shall approve this document. The quality manual
document shall be used only after approval from Chief Officer. Provision of the quality manual be
binding on the contractor. Quality manual shall be treated as a legal document as per with this contract
document. It shall be used till the work is completed in full respect.