Sl. No 01 / 0506 / 2014-15
GOVERNMENT OF ODISHA
DEPARTMENT OF WATER RESOURCES
DETAILED TENDER CALL NOTICE TO P-1 CONTRACT (TO BE ACCOMPANIED WITH TENDER)
NAME OF THE WORK SCOURED BANK PROTECTION TO BRAHMANI LEFT NEAR KANDIA HARIJAN SAHI
EXECUTIVE ENGINEER, JARAKA IRRIGATION DIVISION, JARAKA
CONTRACTOR 1 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
Sl. No 01 / 06 / 2014-15
DETAILED TENDER CALL NOTICE
TO P-1 CONTRACT (TO BE ACCOMPANIED WITH TENDER)
NAME OF THE WORK
SCOURED BANK PROTECTION TO BRAHMANI LEFT NEAR KANDIA HARIJAN SAHI
Sold against Receipt No. ______
Book No. ______
EXECUTIVE ENGINEER, JARAKA IRRIGATION DIVISION, JARAKA
CONTRACTOR 2 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
GOVERNMENT OF ODISHA DEPARTMENT OF WATER RESOURCES OFFICE OF THE EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION,JARAKA INVITATION OF TENDERS Telephone No- 06725-283069, Email id:- [email protected] DTCN No. 06 / 2014 –15
1. The Executive Engineer, Jaraka Irrigation Division, Jaraka on behalf of the Governor of Odisha invites percentage rate bids for the works as detailed below from eligible class of contractors registered with the State Government and contractors of equivalent Grade / Class registered with Central Government / MES / Railways for execution of civil works on production of definite proof from the appropriate authority. The contractors registered under other state Govt. in equivalent rank may participate in the tender work but successful bidders has to be registered under the state PWD before signing the agreement as per Works Deptt. Office memorandum No- 13281 dated 02.08.07. The bidders may submit bids for any or all of the following works.
Sl Name of Work Approx. Additional Place of EMD to be Cost of Document Period of Class of No value of Sale and Receipt deposited (Rs.) Completio Contractor work ( Rs. ) n ( Rs. in Lakhs ) 1 2 3 4 5 6 7 8 1 Scoured Bank protection 9.91 Offices of the 10,000/- Cost – 4000.00 45 days D & C to Brahmani left near S.E., Eastern VAT – 200.00 Kandia Harijan Sahi Circle, Cuttack Total:-4200.00 and A.E.E, Bari Irr. Sub-Division
2 Scoured Bank protection 9.96 -do- 10,000/- Cost – 4000.00 45 days D & C to Phulapur TRE VAT – 200.00 Total:-4200.00 3 Scoured Bank protection 9.62 -do- 9,700/- Cost – 4000.00 45 days D & C to Bandhadiha - Rajapur VAT – 200.00 TRE Total:-4200.00
4 Approach road & fair 8.85 -do- 8,900/- Cost – 4000.00 45 days D & C weather road over VAT – 200.00 Balungapatia near Total:-4200.00 Ratalang
5 Repair to Erada TRE on 4.94 -do- 5,000/- Cost – 4000.00 45 days D & C Tantighai Right VAT – 200.00 Total:-4200.00 6 Restoration to Kakudikuda 4.93 -do- 5,000/- Cost – 4000.00 45 days D & C - Rudrapur TRE near VAT – 200.00 Ghusuria Sahi Total:-4200.00
CONTRACTOR 1 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION Sl Name of Work Approx. Additional Place of EMD to be Cost of Document Period of Class of No value of Sale and Receipt deposited (Rs.) Completio Contractor work ( Rs. ) n ( Rs. in Lakhs ) 1 2 3 4 5 6 7 8 7 Restoration to HR of 7.82 Offices of the 7,900/- Cost – 4000.00 45 days D & C Disty. No. 41/2 and right S.E., Eastern VAT – 200.00 bank of Distributary No. 5 Circle, Cuttack Total:-4200.00 and A.E.E, Chandikhole Irr. Sub-Division 8 Improvement to Byree 8.02 -do- 8,100/- Cost – 4000.00 45 days D & C Patrol Shed and VAT – 200.00 construction of Culvert at Total:-4200.00 RD 7.199 Km. of Distributary No. 5 9 Restoration to Disty. No. 5 6.13 -do- 6,200/- Cost – 4000.00 45 days D & C A from RD 950 Mtr. to VAT – 200.00 2400 Mtr. Total:-4200.00 10 Improvement to Disty. No. 6.13 -do- 6,200/- Cost – 4000.00 45 days D & C 6 from RD 1.500 Km. to VAT – 200.00 4.200 Km. Total:-4200.00
Repair to Rasuljhari Offices of the Cost – 4000.00 45 days D & C Escape (D/S appron) 6.15 S.E., Eastern 6,200/- VAT – 200.00 Circle, Cuttack Total:-4200.00 11 and A.E.E, Chandikhole Irr. Sub-Division Restoration to Disty. No. -do- 45 days D & C 12 12(A) from RD 2250 m to 5.96 6,000/- Cost – 4000.00 2650 m VAT – 200.00 Total:-4200.00
Restoration to Disty. No. -do- 45 days D & C 13 12 from RD 1450 m to 6.01 6,100/- Cost – 4000.00 1550 m VAT – 200.00 Total:-4200.00
Restoration to Sendhapur -do- 45 days D & C 14 Minor and Panturi Escape 8.42 8,500/- Cost – 4000.00 with construction of 3 Nos. of O/L of HLC Range-I VAT – 200.00 (Outlet plastering and Total:-4200.00 earth work) Construction of compound -do- 45 days D & C 15 wall of Kaima Section 6.33 6,400/- Cost – 4000.00 office with sinking of tube well VAT – 200.00 Total:-4200.00
Improvement to Patapur -do- 45 days D & C 16 Sub-Minor with 6.35 6,400/- Cost – 4000.00 construction of guard wall from RD 1430m to 1550m VAT – 200.00 of Disty. No. 14 Total:-4200.00
CONTRACTOR 2 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION Sl Name of Work Approx. Additional Place of EMD to be Cost of Period of Class of No value of Sale and Receipt deposited Document Completion Contractor work ( Rs. ) (Rs.) ( Rs. in Lakhs ) 1 2 3 4 5 6 7 8
Improvement to Derabar Offices of the 45 days D & C 17 Sub-Minor with 8.69 S.E., Eastern 8,700/- Cost – 4000.00 construction of Hume Pipe Circle, Cuttack culvert and guard wall and A.E.E, VAT – 200.00 from RD 1.700 Km. to Chandikhole Irr. Total:-4200.00 3.760 Km. of Disty. No.14 Sub-Division
Improvement to right bank -do- 45 days D & C 18 of Bhuban Sub-Minor from 8.59 8,600/- Cost – 4000.00 RD 1170 m to 1450 m with construction of toe wall of VAT – 200.00 Disty. No. 14 Total:-4200.00
Improvement to Talaban -do- 45 days D & C 19 Sub-Minor with guard wall 6.19 6,200/- Cost – 4000.00 and Lining from RD 100m to 500m of Distributary No. VAT – 200.00 14 Total:-4200.00
Improvement to inspection -do- 45 days D & C 20 road from Sunguda to 9.93 10,000/- Cost – 4000.00 Chandikhole from RD 31.20 Km to 32.100 Km. of VAT – 200.00 HLC Range- I Total:-4200.00
Improvement to inspection -do- 45 days D & C 21 road from RD 28.70 Km. 9.66 9,700/- Cost – 4000.00 to 29.22 Km. with stone packing at crossing point VAT – 200.00 of Nadia Jori Drain Total:-4200.00
Repair to Culvert at -do- 45 days D & C 22 Dagarapada of 6.18 6,200/- Cost – 4000.00 Distributary No.71/4 and restoration to O/L No. 47 VAT – 200.00 (R) & 48 (R ) of HLC Total:-4200.00 Range-I
Improvement to Disty. Offices of the 45 days D & C 23 No.11 of HLC Range-I 9.90 S.E., Eastern 10,000/- Cost – 4000.00 Circle, Cuttack and A.E.E, VAT – 200.00 Chandikhole Irr. Total:-4200.00 Sub-Division
Improvement to Bhuban -do- 45 days D & C 24 Sub-Minor of Disty.No.14 9.91 10,000/- Cost – 4000.00 of HLC Range-I VAT – 200.00 Total:-4200.00
CONTRACTOR 3 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION Sl Name of Work Approx. Additional Place of EMD to be Cost of Period of Class of No value of Sale and Receipt deposited Document Completion Contractor work ( Rs. ) (Rs.) ( Rs. in Lakhs ) 1 2 3 4 5 6 7 8
Installation of 1x10 KVA Offices of the 30 days HT 25 11/023 KV S/S for P/S to 0.98 S.E., Eastern 1,000/- Cost –400.00 Electrical proposed 4.00KW Circle, Cuttack commercial load for and A.E.E, VAT – 20.00 Irrigation Beat House at Chandikhole Irr. Total:-420.00 Neulpur. Sub-Division
Scoured Bank protection Offices of the 45 days D & C 26 to Badudipadia TRE 9.90 S.E., Eastern 10,000/- Cost – 4000.00 Circle, Cuttack and A.E.E, Bari VAT – 200.00 Irr. Sub-Division Total:-4200.00
Protection to Scoured -do- 45 days D & C 27 Bank near Kakudikuda on 9.90 10,000/- Cost – 4000.00 Brahmani left VAT – 200.00 Total:-4200.00
Restoration to OAE 16(B) -do- 45 days D & C 28 near Kantabania 9.90 10,000/- Cost – 4000.00
VAT – 200.00 Total:-4200.00
Slope protection to -do- 45 days D & C 29 Udaypur Arual TRE near 4.94 5,000/- Cost – 4000.00 Dhalasahi VAT – 200.00 Total:-4200.00
Construction of Hume pipe -do- 45 days D & C 30 inlet near Rudrapur on 7.92 8,000/- Cost – 4000.00 Kakudikuda - Rudrapur TRE VAT – 200.00 Total:-4200.00
Repair to OAE No.15(B) -do- 45 days D & C 31 from Sluice to Gholapur 5.94 6,000/- Cost – 4000.00
VAT – 200.00 Total:-4200.00
Restoration to Tantighai -do- 45 days D & C 32 Right Embankment on D/S 7.92 8,000/- Cost – 4000.00 of H.L.Bridge upto Kanpur Ghat. VAT – 200.00 Total:-4200.00
CONTRACTOR 4 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION Sl Name of Work Approx. Additional Place of EMD to be Cost of Period of Class of No value of Sale and Receipt deposited Document Completion Contractor work ( Rs. ) (Rs.) ( Rs. in Lakhs ) 1 2 3 4 5 6 7 8
Scoured Bank protection Offices of the 45 days D & C 33 to Rahapada Mohanpur 9.90 S.E., Eastern 10,000/- Cost – 4000.00 TRE near Arabal Circle, Cuttack and A.E.E, VAT – 200.00 Jenapur Irr. Sub- Total:-4200.00 Division Scoured Bank protection -do- 45 days D & C 34 to Balikuda Niali TRE at 9.90 10,000/- Cost – 4000.00 Badabalikuda VAT – 200.00 Total:-4200.00
Scoured Bank protection -do- 45 days D & C 35 to Sahapada OAE at 9.90 10,000/- Cost – 4000.00 Sahapada VAT – 200.00 Total:-4200.00
Scoured Bank protection Offices of the 45 days D & C 36 to Kelua right U/S of 9.90 S.E., Eastern 10,000/- Cost – 4000.00 Kaima Bridge Circle, Cuttack and A.E.E, VAT – 200.00 Jenapur Irr. Sub- Total:-4200.00 Division Restoration to Scoured -do- 45 days D & C 37 Bank onj Birupa left near 9.90 10,000/- Cost – 4000.00 Amathapur VAT – 200.00 Total:-4200.00
Restoration to Scoured -do- 45 days D & C 38 Bank on Kelua right near 9.90 10,000/- Cost – 4000.00 Arakhapada VAT – 200.00 Total:-4200.00
Improvement to C.E No- -do- 45 days D & C 39 26(A) near Arakhapada 4.95 5,000/- Cost – 4000.00 (ditch filling ) VAT – 200.00 Total:-4200.00
Scoured Bank protection -do- 45 days D & C 40 to Brahmani left from 9.90 10,000/- Cost – 4000.00 Jabara to Nuahata VAT – 200.00 Total:-4200.00
Repair and restoration to -do- 45 days D & C 41 Kabatabandha Gherry 9.90 10,000/- Cost – 4000.00
VAT – 200.00 Total:-4200.00
CONTRACTOR 5 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
2. Bid documents consisting of plans, specifications, the schedule of quantities and the set of terms and conditions of contract and other necessary documents can be seen in all the offices issuing the documents and office of the undersigned during office hours every day except on Sundays and public holidays till last date of sale and receipt of tender papers. Interested bidders may obtain further information at the same address. 3. Bid must be accompanied by EMD of the amount specified for the work in the table at column 5, pledged in favour of Executive Engineer, Jaraka Irrigation Division, Jaraka, in shape of N.S.C / Post office time deposit account / K.V.P. / Deposit receipt of any schedule bank. Bidders desirous to hire machineries or equipments from outside of the state are required to furnish 2% of the amount put to tender as Bid security. The bid must be accompanied with copy of valid License certificate, VAT-612 and PAN failing which their bid will be rejected. 4. The sale of the Bid document shall start from 04.04.2015 and close on 16.04.2015 at 12.00 Noon. Bids shall be received in all offices where the bids have been notified to be sold & at additional places mentioned in Column No.4 of the table from 04.04.2015 to 1.00 P.M. of 16.04.2015. 5. Bids (sealed cover) must be mentioned on the envelope clearly & delivered in the tender box having identification mentioned as “Tender Call Notice No. 06 /2014-15 of Jaraka Irrigation Division. The sealed tender duly filled in properly both in figure & word in respect of all items of works must be signed by the contractor in each & every page with a token of acceptance of terms & condition as laid down in the DTCN. 6. Bid documents can be purchased from all the additional offices mentioned against the work as per table under Col.4 as well as the office of the undersigned against a non-refundable fee towards cost of documents (including VAT 5%) as indicated in table Col.6 in the form of cash or demand draft issued from any UCO Bank branch prepared on or before the last date of sale & payable in favour of Executive Engineer, Jaraka Irrigation Division, Jaraka. 7. Bid documents for works costing more than Rs. 5.00 Lakh will be made available in official web site of Govt. of Orissa (http://www.odisha.gov.in). Intending bidders may download the same from web site, bind all the papers together firmly and deposit requisite amount towards cost of tender paper including VAT as shown in column 6 of the table in shape of demand draft payable at UCO Bank, Dharmasala in favour of Executive Engineer, Jaraka Irrigation Division, Jaraka in separate envelope marked “Cost of bidding documents downloaded from internet” with the bidding documents. The DD made in bank other than UCO Bank should be made of Rs. 4,300.00 to accommodate the service charges. 8. Bid documents requested by mail will be dispatched by registered / speed post on payment of an extra amount of Rs.500/- over the cost of documents. The Executive Engineer, Jaraka Irrigation Division, Jaraka will not be held responsible for the postal delay if any, in the delivery of the documents or non- receipt of the same. 9. The bids will be opened on 17.04.2015 at 10.00 A.M. in the office of the undersigned in the presence of the bidders who wish to attend. If the office happens to be closed on the date of opening of the bids as specified, the bids will be opened on the next working day at the same time and venue. 10. If the rate quoted by the bidder is less than 15% of the tendered amount, then such a bid shall be rejected and the tender shall be finalized basing on merits of rest bids. But if more than one bid is quoted at 14.99% (Decimals up to two numbers will be taken for all practical purposes) less than the estimated cost, the tender will be finalized through a transparent lottery system which will be held on 24.04.2015 in presence of all bidders/their authorized representatives, the Executive Engineer and DAO. 11. Additional performance security shall be furnished separately by the bidder when the amount of the bid is less than the estimated cost by more than 10% & within 15%. In such event the successful bidder including SC / ST / P.H category will have to furnish an additional performance security to
CONTRACTOR 6 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION the extent of 1.5 times of the differential cost of his bid amount and 90% of the estimated cost in shape of N.S.C / K.V.P./ Post Office Saving Bank Account / Postal Time Deposit Pass Book, Deposit receipt of any schedule Bank duly pledged in favour of Executive Engineer, Jaraka Irrigation Division, Jaraka before execution of the agreement.
12. If L1 bidder does not turn up for agreement after finalization of the tender, then he shall be debarred from participation in bidding for three years and action will be taken to blacklist the contractor. In that case, the L2 bidder, if fulfils, other required criteria would be called for drawing agreement for execution of work subject to the condition that L2 bidder negotiates at par with the rate quoted by the L1 bidder otherwise the tender will be cancelled. In case a contractor is black listed, it will be widely publicized and intimated to all departments of Government and also to Govt. of India agencies working in the state.
13. Before acceptance of tender, the successful bidder will be required to submit a work programme and milestone basing on the financial achievement so as to complete the work within the stipulated time and in case of failure on the part of the agency to achieve the milestone liquidated damage will be imposed.
14 The bidder would be required to submit the details of quarry location for procurement of different materials while submitting the bids.
15. The bidders shall have to furnish original affidavit in support of authenticity of documents/ credential & the E.M.D. accompanied with each bid other-wise the bid will be rejected. The authority reserves the right to verify the authenticity of documents in case of any doubt or complain. 16. The bidder can submit only one tender paper for a particular work. Submission of more than one tender paper by a bidder for a particular tender will liable for rejection of all such tender papers. 17. (a) Engineer Contractor desirous to avail the facility of exemption of EMD is required to submit an original affidavit to the effect that he/she has not yet availed the facility for more than two works during the current financial year. The name of work for which and the authority to whom the tenders have been submitted earlier, must be mentioned in the affidavit and he should produce his original registration certificate at the time of opening of tender, failing which the tender will be rejected. (b)The Schedule Caste / Schedule Tribe/ Physically handicapped Contractors desirous to avail the facility of preference as per Govt. rule should enclose the copy of their registration certificate stating the fact of Caste, Physically handicapped by their registration authority & Caste Certificate with the bid, failing which they will not be eligible to get price preference as per above rule. 18. The authority reserves the right to reject any or all the tenders without assigning any reason thereof. 19. Other details and condition can be seen in the tender documents.
Executive Engineer Jaraka Irrigation Division, Jaraka
CONTRACTOR 7 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
OFFICE OF THE EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION, JARAKA DETAILED TENDER CALL NOTICE
1. The Executive Engineer, Jaraka Irrigation Division, Jaraka invites sealed tender, in the prescribed form to be eventually drawn in P.W.D. form No. P1 from the registered contractors of "D" and "C" class and equivalent registered under Water Resources, Works and other departments of Govt. of Orissa, C.P.W.D., Railway or Military Engineering Services, Air and Naval or other State Government as at column '4', Govt. of India, Central Govt. undertakings are also eligible to tender for the works as per the detailed Annexure 'A'. 2. The tender documents may be purchased from the office of the Superintending Engineer, Eastern Circle, Cuttack / Executive Engineer, Jaraka Irrigation Division, Jaraka / Asst. Executive Engineer, Bari Irrigation Sub-Division, Bari during office hour on date from 04.04.15 to 12.00 noon of 16.04.15 . for the work “Scoured Bank protection to Brahmani left near Kandia Harijan Sahi.” on payment of Rs. 4,200.00 (Rupees Four thousand two hundred only) for each set. Intending bidders may download the tender paper for the works costing more than Rs.5.00 Lakh from web site, bind all the papers together firmly and deposit requisite amount towards cost of tender paper including VAT as shown in column 6 of the table in shape of demand draft payable at UCO Bank, Dharmasala in favour of Executive Engineer, Jaraka Irrigation Division, Jaraka in separate envelope marked “Cost of bidding documents downloaded from internet” with the bidding documents. The DD made in bank other than UCO Bank should be made of Rs. 4,300.00 to accommodate the service charges. The amount is not refundable. The tender papers will be received in the office of the Superintending Engineer, Eastern Circle Cuttack / Executive Engineer, Jaraka Irrigation Division, Jaraka / Asst. Executive Engineer, Chandikhole Irrigation Sub-Division, Chandikhole / Asst. Executive Engineer, Jenapur Irr. Sub-Division, Jenapur / Bari Irr. Sub-Division, Bari from Dt. 04.04.15 to 1.00 P.M of 16.04.15. The Tenders will be opened by the Executive Engineer, Jaraka Irrigation Division, Jaraka on Dt. 17.04.15 at 10.00 AM in his office in presence of the tenderers or their authorized representatives. . 3. The value of the work tendered for is Rs. 9.91 lakhs. 4. Tender must be submitted in sealed covers, the name of the tenders and the name of the work being noted on the cover. 5. No tender documents will be sold to the intending tenderer on the date of opening of tender. 6. No tenderer will be permitted to furnish their tender in their own manuscript. 7. Earnest Money Deposit @ 1% of the amount put to tender rounded to the multiple of Rs.100/-as per Col. No. 5 of DTCN i.e. Rs. 10,000.00 only must accompany each tender. The earnest money shall be dully pledged in favour of the Executive Engineer, Jaraka Irrigation Division, Jaraka and may be in shape of National Savings Certificate / Post Office Savings Bank Account / Post office Time Deposit account / Kissan Vikas Patra / Deposit receipt of schedule bank.
CONTRACTOR 8 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 8. The Engineering contractors shall have to furnish E.M.D. as per works department Memorandum No. 10003 dt. 24.5.2001 and No. 15443 dt. 1.8.2005 failing which the tender will be liable for rejection. a) No Cheque / Bank Draft / Cash payment will be accepted. b) Adjustment of earnest money given with other tenders previously or earnest money submitted with other tenders opened on the same date shall not be entertained.
9. Tenders not accompanied by EMD @ 1% will be summarily rejected. EMD will not be accepted after closing hour of the tender.
10. The EMD will be forfeited if the tender backs out from offer before acceptance of tender by the competent authority as concurred in by Law Deptt. & Finance Deptt. in their UOR No. 848/L 31.5.97 & UOR No. 202/WFD Dt. 6.3.98 respectively. (Works Deptt. Memo No. 9101/dt.30.3.98)
11. Providing facilities to the Engineer contractor : a) As per works Deptt. No. FR 11/2001/1003 BBSR 24.5.2001, 5% price preference allowed to the Engineer contractor in the tender rates has been with drawn. b) Exemption of EMD to the Engineer contractor will be allowed for a maximum of three works in a financial year and the fact or awarding a work with exemption of EMD should be entered in the original Registration certificate of the Engineer Contractor. (F.D. & Law Deptt. UOR No. 334 WF dt.5.6.98 & No.449L dt 25.3.2000 respectively)
12. The earnest money will be retained in case of successful tender and will be dealt with as per the terms and condition of the O.P.W.D. code and will not carry any interest. The earnest money of the unsuccessful tender will be refunded on application after the tender is finally accepted and agreement concluded.
13. The tenderer whose tender is selected for acceptance shall within a period of seven days upon intimation being given to him of acceptance of his tender make an initial security deposit in the form of NSC and Postal time deposit. Pass Book, Kissan Vikas Patra, deposit receipt of schedule bank and in no other form which including the amount already deposited as earnest money shall be 2% of the value of the tendered amount and sign agreement in the P.W.D. from No.P-1 (Schedule XLV No. 61) for the fulfillment of the contract in the office of the Executive Engineer, Jaraka Irrigation Division.
The security deposit together with the earnest money and the amount with held according to the provision of P-1 agreement, shall be retained as security for the due fulfillment of this contract. Failure of enter into the required agreement and to make the security deposit as above shall entail forfeiture of the earnest money. No tender shall be finally accepted until the required amount of security money is deposited. The written agreement to be entered into between the contractor and the Govt. shall be the foundation of the rights of both the contractor and the Govt. and the contract shall be deemed to be incomplete until the
CONTRACTOR 9 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION agreement has first been signed by the contractor and then by the proper officer authorized to enter into the contract on behalf of the Govt.
The security will be refunded after One year of completion of the work and payment of the final bill and will not carry any interest.
14 The bidder would be required to submit the details of quarry location for procurement of different materials while submitting the bids. 15. The intending tenderers may remit the cost of tender papers through postal money order. However the Department will not be held responsible if there is any delay in receipt of tender document by the intending contractors sent by the department through registered post and similarly if the tender documents sent by the intending contractor by the registered post do not reach in division office by the appointed date and time. The offer will not be considered on any account even if the tender documents were dispatched by the tenderers before the due date. The cost of postal registration fees to and fro will be borne by the intending tenderer by advance payment.
16. The work is to be completed in all respect within 45 (Forty five) days (including monsoon) from the date of issue of work order. 17. All tenders received will remain valid for 90 days from the last date of receipt of tenders and validity of tenders can also be extended if agreed to by the tenderer and the Department.
18. Tenderer, whose Tender is accepted must submit a programme of work immediately after issue of work order for approval of Engineer-in-charge.
19. The date of issue of the notice to the contractor to attend division office for signing the agreement shall be treated as the date of commencement of work, unless otherwise mentioned.
20. The Plans, specifications and scope for the work can be seen in the office of the Executive Engineer Jaraka Irrigation Division, Jaraka during the working days and hours between 11.00 A.M. to 4.00 P.M.
21. The tenderers shall carefully study the tentative drawings and specifications applicable to the contract and all documents which form part of the agreement to be entered into by the accepted tenderer and detailed specifications for Orissa and other relevant specifications and drawings which are available for sale.
Complaint at a future date that plans and specifications have not been seen by the tenderers can not be entertained.
22. Every tenderer is expected before quoting his percentage rates to inspect the site of the proposed work. He should also inspect the quarries and approach road to quarries and locality of the work and satisfy himself about the quality and availability of materials including the medical aids, labour and food stuff etc. In every case the materials must comply with the relevant specifications.
CONTRACTOR 10 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION The Tenderer will be deemed to have satisfied himself that the percentage rates quoted by him in the tender will be adequate to complete the work according to the specifications and conditions attached to and that he has taken into account all conditions, difficulties that may be encountered during its progress and to have quoted labour rates and materials, entry tax and other duties, leads, lifts, loading and unloading and freight for materials and all other charges necessary for the completion of the work to the entire satisfaction of the Engineer-in-charge of the work and his authorised subordinates. In the course of awarding a work.
Complaints at future date that the availability of materials, labour or any other factor have been misjudged cannot be entertained. It should be understood clearly that no claim whatsoever will be entertained after wards on the plea of non-availability of proper quantity and quality of materials, including food stuffs or for any other.
23. The tenderer shall bear in full various incidents, sundries and contigencies necessitated by the work within the following or similar category.
a) Rent, royalties and other charges or materials, octroi duty, entry tax, all other taxes payable under Local Rules including sales tax, VAT, ferry tolls, conveyance charges and othe cost on account of land and buildings including temporary building and temporary electric connection to work site as well as construction of coffer dam, construction of service road, haul road, diversion road and its maintenance till completion of work required by the tenderer for collection of materials, storage, housing of staff or other purpose of the work. No tenderer will however be liable to pay for temporary occupation of land owned by Govt. at the site of the work.
b) Labour camps or huts necessary to a suitable scale including conservancy and sanitation arrangements there into the satisfaction of the local health authorities should be arranged by the contractor.
c) Suitable water supply including pipe water supply wherever available for the staff and labour as well as for the work.
d) Fees and duties levied by the municipal canal or water supply authorities.
e) Suitable equipment and wearing apparatus for the labour engaged in risky operations and medical aid to the labourer engaged for the work.
f) Suitable fencing, barriers, signals including paraffin and electric signals where necessary at work and approaches in order to protect public and employees from accident.
g) Compensation including cost of any suit for injury to persons or property due to neglect of any major precautions also become payable due to operation of the Workmen Compensation Act.
h) The contractor has to arrange adequate lighting arrangement for the work wherever necessary at his own cost.
CONTRACTOR 11 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 24. a) If the rate quoted by the bidder is less than 15% of the tendered amount, then such a bid shall be rejected and the tender shall be finalized basing on merits of rest bids. But if more than one bid is quoted at 14.99% (Decimals up to two numbers will be taken for all practical purposes) less than the estimated cost, the tender will be finalized through a transparent lottery system in presence of all bidders/their authorized representatives, the Executive Engineer and DAO.
b) Additional performance security shall be furnished separately by the bidder when the amount of the bid is less than the estimated cost by more than 10% & within 15%. In such event the successful bidder including SC / ST / P.H category will have to furnish an additional performance security to the extent of 1.5 times of the differential cost of his bid amount and 90% of the estimated cost in shape of N.S.C / K.V.P./ Post Office Saving Bank Account / Postal Time Deposit Pass Book, Deposit receipt of any schedule Bank duly pledged in favour of Executive Engineer, Jaraka Irrigation Division, Jaraka before execution of the agreement.
c) If L1 bidder does not turn up for agreement after finalization of the tender, then he shall be debarred from participation in bidding for three years and action will be taken to blacklist the contractor. In that case, the L2 bidder, if fulfils, other required criteria would be called for drawing agreement for execution of work subject to the condition that L2 bidder negotiates at par with the rate quoted by the L1 bidder otherwise the tender will be cancelled. In case a contractor is black listed, it will be widely publicized and intimated to all departments of Government and also to Govt. of India agencies working in the state.
d) Before acceptance of tender, the successful bidder will be required to submit a work programme and milestone basing on the financial achievement so as to complete the work within the stipulated time and in case of failure on the part of the agency to achieve the milestone liquidated damage will be imposed.
e) The bidder would be required to submit the details of quarry location for procurement of different materials while submitting the bids.
25. a) The rates quoted by the contractor shall be deemed to be inclusive of Sales Tax, VAT Royalty & Quality Control Testing Charges on all the materials that he will have to purchase for performance on this Contact.
b) The rates quoted by the contractor in the tender for works shall include Sales Tax, VAT that may be levied on turnover on works contract according to the Laws and Regulation as applicable from time to time.
c) Sales Tax, VAT on works contract will be deducted @ 4% from the gross amount of the bill and credited to Govt. account.
26. The contractors are required to pay the Royalties to Govt. as fixed from time to time and produce such authenticated money receipts from Revenue Deptt. In support of their payment as royalty, along with their bills. Failing which the amount of royalties of different materials as utilised by them in the work will be recovered from their bills.
CONTRACTOR 12 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 27. Each tender must quote a definite percentage rate in bill of quantity..
28. The bidder shall write percentage excess or less upto two decimal place only. The percentage rates should be written both in words and figures and in decimal coinage and the units in words. In case of discrepancy in rates between words and figures, the rates written in words will prevail. The tender shall be written legibly and free from erasures, overwriting of corrections of figures, corrections where unavoidable should be done by rewriting over the dated initial of the tenderer.
29. 2% of the gross amount of the bill followed by surcharge and cess admissible are deducted from the contractor's bill towards Income tax. The contractor has to furnish copy of PAN card issued by the Income Tax Authority along with the tender.
30. The tender may not at the discretion of the competent authority be considered unless accompanied by valid true copies of Income Tax, PAN CARD, VAT Clearance Certificate in form VAT 612 as the case may be and the original certificates are to be produced if required at the time of opening of opening the tender.
Copies of IT PAN CARD & VAT clearance certificate in form VAT 612 given with other tender previously or with other tender on the same day will not be taken into consideration.
31. The tender containing extraneous conditions not covered by the tender notice are liable for rejection and quotations should be strictly in accordance with the tender call notice. Any change in the wording will not be accepted.
32. Conditional tenders will not be taken into consideration.
33. On no account the contract work should be sublet off loaded to any body without the prior written approval of the competent authority of the Department. In such an event the contract may be rescinded. 34. Letters etc. found in the tender box raising and lowering the rates or dealing with any point in connection with the tender will not be considered. 35. Schedule of quantity accompanies the tender notice : It shall be definitely under stood that the Government does not accept any responsibility for the correctness and completeness of this schedule and this schedule is liable for alternations or omissions, deductions or additions as set forth in the condition of contract and such omissions, deductions, additions or alternations shall in no way invalidate / validate the contract and no extra monetary compensation will be entertained. 36. The authority reserves the right to make such increase or decrease in the quantity of items of works mentioned in the schedule attached to the tender notice as may be considered necessary for the satisfactory completion of the contract work. All such increase or decrease shall in no way invalidate / validate the contract rates. The contractor shall not be entitled for any compensation on this account, except grant of extension of time where considered necessary.
CONTRACTOR 13 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 37. Items of works not covered by the tender notice shall be paid at the current schedule of rates of the state and those not covered by the said schedule of rates will be paid on actual analysis approved by the competent authorities on execution of Supplementary Agreement. 38. It should be understood clearly that no claim what-so-ever will be entertained in regard to extra items of work or extra quantity of any item besides estimated amount, unless written order is obtained from the Engineer-in-charge and rates settled and supplementary agt. drawn before extra item (s) of work is taken up. 39 The work may be spitted up and distributed among several contractors if considered necessary on the exigency of the circumstances of the work and the contractor is not entitled to any compensation on this account. 40. Under section 12 of contract labour (Regulation and Abolition Act. 1970) the contractor who undertakes execution of work through labour, should produce valid license from licensing authority of labour department (Labour License). 41. The contractor shall be liable to fully indemnify the Department of any compensation under workmen compensation Act. VII of 1993 on account of the workmen employed by the contractor and full amount of compensation paid will be recovered from the contractor. In the event of any claim sub-judice before any court of law, the claim amount shall be kept withheld till final disposal.
42. Tenderers are required to abide by the fair wages clause as introduced by Govt. of Orissa and will not pay less than the Fair wages fixed by Govt. to the labourers engaged by him for the work.
43. Incase of any complaint by the labourer working about the non payment of his wages as per latest minimum wages Act. the Executive Engineer will have the right to investigate and if the contractor is found to be in default, Executive Engineer may recover such amount due from the contractor and pay such amount to the labourer directly under intimation to the local labour officer of the Govt. The decision of the Executive Engineer is final and binding on the contractor.
44. The contractor will have to submit the Executive Engineer Jaraka Irrigation Division, Jaraka monthly return of labour both skilled and unskilled employed by him in the work.
45. The contractor should keep himself in touch with the Engineer in charge for smooth execution of the work and arrange adequate labour depending on the workload and working space available. No claim for detention for labour on any account will be entertained.
46. No compensation will be paid by the department for any damage done by rain, flood, cyclone, earthquake, tide or by any other natural calamities during the execution of the work.
47. The tender shall have to abide by the C.P.W.D safety code rules introduced by the Govt. of India, Ministry of works Housing and supply in their standing order no 44150 dt. 25.1.1957, which can be seen in the office of the undersigned on working day, during office hours.
CONTRACTOR 14 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 48. All preliminary works such as vats, mixing platforms etc. are to be done by the contractor at his own cost. No payment will be made for bench marks, level pillars, profiles, benching and levelling the ground where require. The rates to be quoted should be for finishing items of work inclusive of carriage of all materials and incidental items of works.
49. After the work is finished all surplus materials & debris's should be removed 100 Mtr. clear away from the site of the work, Preliminary work such as vats, mixing platforms etc. should be dismantled and all materials removed from the site and premises left neat and clean and this should be inclusive of the rates.
50. If any further necessary information is required, Executive Engineer, Jaraka Irrigation Division. will furnish such, but it must be clearly understood that the tender must be received in order and according to instruction.
51. Incase of delay in acquisition of land handing over possession of work site, no compensation will be admissible but extension of time will be allowed if applied in the proper format.
52. The department will have the right to supply at any time in the interest of the work and rate whichever is higher.
53. Empty cement bags, empty paint drums and empty Bitumen drums are to be returned in good and serviceable condition failing which Rs. 5.00 (Rupees five) only and Rs. 30.00 (Rupees Thirty) and Rs. 100.00 (Rupees hundred) will be recovered per bag and per drum respectively from the contractor.
54. If a contractor removes any Govt. material or stores supplied to him from the site of the work in contravention of the provision of this clause, with a view to dispose of the same dishonestly, he shall be in addition to any other liability civil or criminal arising out of this contract be liable and pay penalty equivalent to (5) five times of the price of the materials or stock. The penalty so imposed shall be recoverable at any time from the sum that may be due then or at anytime thereafter become due to the contractor or from his security deposit or the proceeds of sale thereof. The contractor will be responsible for the misuse, loss, damage due to any reason whatsoever on any materials of the Department supplied to him for the execution of the work. In case of loss, damage or misuse of the Departmental materials issued to him / recovery at the rate at that time i.e. market rate or the issue rate of the department which ever will be more will be deducted from the bills or his other dues.
55. Over and above these conditions including the Technical specifications the terms, conditions, rules and regulations and specifications laid down in Orissa standard specification code are also binding on the part of the contractor.
56. All intending tenderers should furnish the following information's in the proforma enclosed herewith (Annexure B) and Annexure-F (Performance record of contractors)
(a) Particulars of each work now in hand (As per Agt).
(b) Amount of Earth work.
CONTRACTOR 15 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION (c) Approximate value of work remaining on the date of submission of tender.
(d) List of T & P, vehicles, machineries available with him.
57. No Relation Certificate.
The contractor shall have to furnish certificate along with the tender to the effect that he is not related to any officer in the rank of an Asst. Engineer and above in the state P.W.D., or Asst. Secy. and above in the W.R. Department. If the fact subsequently proved to be false the contract will be rescinded. The earnest money and the total security will be forfeited and shall be liable to make good the loss or damage resulting from such cancellation. The proforma for no relation certificate is contained in a separate sheet of D.T.C.N.
58. The contractor shall sign as a token of final acceptance of the plans, sections and agreements for the work prior to take up the work for execution.
59. The contractor is to supply necessary labour and materials for the purpose of alignment laying whenever required at his own cost.
60. The contractor should arrange necessary tools and plants such as pumps, Road Rollers etc. required for the efficient execution work at his own cost. The running charges of such plant and cost of consumables and conveyance are to be borne by the contractor.
61. In the event of delay in supply of departmental materials and supply of design reasonable extension of time will be granted on the application of the contractor. But no claim for monetary compensation will be entertained under any circumstance.
62. Under no circumstance, interest chargeable for the dues or any additional dues, it any payble for the work.
63. Protection against flood :
In case of flash and untimely floods in the river during the working season resulting in over-toping of coffer dam and flooding of the work area, the contractor shall make his own arrangement at his cost to shift the machineries, equipments, materials, labour and departmental machineries, if hired by the contractor to a safe place. The work shall have to be resumed after receding of floods and necessary strengthening of coffer dam and dewatering will be done by the contractor at his cost. Extension of time for the completion of the work may be considered by the department if the discontinuance of the work is beyond the all reasonable attempts of the contractor to such eventualities.
The debris, sand and other materials accumulated in the working area during flash floods or regular floods in the monsoon shall be removed by the contractor as required for continuing the work at his own cost. By any chance, if any excavated portion that could not be filled with concrete by the contractor, gets filled up during the monsoon period with earth such removal will not be paid. Further, the contractor will have to re-excavate the same at his own cost.
CONTRACTOR 16 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION It shall be distinctly understood that it is entirely the responsibility of the contractor to make such arrangements as may be required from time to time to protect the men, machinery, materials and the work under progress and work for which the measurements were recorded and payment made, against damages either during working season or during the flood season. The department accepts no liability, what-so-ever for any damage or loss of men , materials, machinary and work of hindrance caused to the progress of work.
The contractor should provide at his own cost adequate protection measures to the completed works at the end of working season or work in progress against the probable flood during monsoon till completion and handing over of the entire work.
64. Dewatering from the foundation for bridges culverts, buildings worksites etc. and watering for consolidation in roads embankments when and where necessary during execution will have to be done by the contractor and no extra payment will be made on that account.
The term dewatering shall mean the execution or operation of the items due to standing water as well as due to percolation water.
65. Earth Work
(a) The Earthwork quantity will be assessed from cross sections taken at a suitable intervals as decided by the Engineer-in-charge. Initial levels will be taken with reference to the permanent benchmark which should be kept at site till finalization of the contract. The initial cross section papers should be signed by both the parties before starting the work. Final level is to be taken with permanent benchmark and recorded in level book after completion of the work in all respect and the contractor is to sign the final levels taken in Level Book as acceptance of final measurements. The plotting of final levels should also include initial level, designed level &final level in three distinct indelible ink.
(b) Payment for filling earth in banking by section measurement will be made deducting 12.5% (twelve and half) towards settlement of measurement taken before monsoon in case of natural settlement.
(c) Borrowing of earth and disposal of cutting earth are at the cost and risk of the contractor including royalty. The Department is in no way liable for any damages caused to any individual /(s) nor any extra payment shall be made to the contractor.
(d) If final measurement of earth will be made after two rainy season and after due settlement of earth work, minimum settlement allowance will be deducted on actual observation by the Engineer-in-charge of the work.
(e) Earthwork beyond the required design section will not be paid for.
(f) Earth available from cutting will economically be utilised in filling.
66. Specification for Breach Closing Works in River Embankments
(a) Before breach closing, the scour pocket filled with water should be dewatered and dried.
CONTRACTOR 17 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION (b) Before laying first layer of Earth, the sheet of Embankment should be cleared off all previous and loose deposits. All organic debris such as trees, stumps bushes etc and all other undesirable materials should be removed and disposed clear away from the worksite.
(c) Old embankments should be cut to a slope not steeper than two horizontal to one vertical.
(d) In case of gully formation below N.S.L. the same should be filled up first with impervious earth in thin layers of 15cm to 20 cm profusely watered and puddled
(e) Selected impervious earth should be carried from borrow area and laid in layers of 15 cm to 20 cm.
(f) The layer should be puddled for a length of 3 to 5 m at the upstream end (River end) with adequate watering.
(g) At the junction of old and new embankments, special care is to be taken. Surface should be properly watered and puddling done for effecting proper bondage.
67. Turfing :
Turfing shall be measured after satisfactory growth of dub grass and the rage stands for fine dressing of earth work in slopes including filling of rain cuts and slopes with selected earth duly compacted and trimmed to the required profile and grade, turfing the surface with dub grass sods 8 cm to 10 cm thick with all leads and lifts delifting including laying and trimming to form a level and compact surface in line with slopes and grade of the bank section including watering until survival of grass.
68. Sample of stone, metal and chips etc. to be used are to be deposited noting the quarry under dated initial of the tenderer in the office of the Asst. Executive Engineer, Bari Irrigation Sub-Division, Bari before the procurement for testing and acceptance.
69. Roadwork and Stone work :
(a) Gravel, sand, metal and chips of approved quality (i.e. crusher broken and free from iron skin) shall be measured in regular box heaps of size 1.50m × 1.50m × 0.50m, which will be taken as one cubic meter.
(b) Stone both old and new shall be stacked before utilisation and 1/6th of the volume will be normally deducted towards void from closely packed stacks. Higher percentage of voids if any will be decided on actual observation by the Engineer-in-charge depending upon the looseness of stacking and deductions made accordingly.
(c) Quantity of stone works / stones dumped shall be assessed both by level section and stacks measurement and payment will by made on the minimum quantity so arrived.
70. Cement Concrete :
Concrete work will conform to IS-456-2000. Concrete shall consist of:
CONTRACTOR 18 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION General :
Concrete shall be composed of cement, sand, coarse aggregate, water and admixture (if any) as specified and well mixed in concrete mixer by weight and brought to proper consistency. In case the quantity of concrete involved in work is very small, the Engineer may allow volumetric proportioning of concrete mix for the restricted quantity.
Mixing :
Concrete shall be mixed in a mechanical mixer with a mixing time of not less than 2½ minutes and shall be as dense as possible.
Mixing shall be continued until there is a uniform mixing of the materials and the concrete is uniform in colour and consistency. The time of mixing shall confirm to table 1 of IS 457-1957.
Materials :
(a) Sand (Fine Aggregate)
Sand to be used in the work shall be natural and free from organic impurities, the maximum size being limited to 4.75 mm. Fineness modulus shall be minimum of 2.2 and specific gravity not less than 2.5 Bulkage of wet sand shall be a maximum of 20%.
(b) Coarse Aggregate
Maximum size of coarse aggregate shall be 40 mm. and downgraded to have well graded aggregate. Specific gravity shall not be less than 2.5 in order to have well graded aggregate, it, shall conform the following table.
TABLE
15. Sieve % Passing for graded aggregates of nominal size 40 mm. 40 mm. 20 mm. 16 mm. 12.5 mm. 20 mm. 95-100 100 — — 16 mm. 30-70 95-100 100 — 12.5 mm. — — 90-100 100 10 mm. — — — 90-100 4.75 mm. 10-35 25-55 30-70 40-85 2.36 mm. 0-5 0-10 0-10 0-10
(c) Cement Ordinary Portland cement shall be used in all cases except in structures in saline locations where Portland slag cement shall be used. Other essential requirement, to be fulfilled by chemical analysis. Quality control organization shall conduct periodic physical / chemical tests of cements to ensure the quality.
CONTRACTOR 19 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
TABLE – A
Sl. Grade of Cement level required with No. Concrete coarse aggregate of max. size (MSA) 40 mm & downgraded 20mm & down graded
1. M. 10 207 kg/M3 221 kg/M3 2. M. 15 259 kg/M3 228 kg/M3 3. M. 20 329 kg/M3 366 kg/M3 Actual cement level required for the aggregates to be used shall be determined by laboratory test. The mix shall be designed to produce the grade of concrete having the required workability and characteristic strength stipulated in the following table. TABLE – B
2 Sl. Grade of Compressive test strength in N/mm on 150mm. cube. No. concrete conducted in accordance with IS 456-2000 Minimum at 7 days Minimum at 28 days
1. M. 10 7 10 2. M. 15 10 15 3. M. 20 13.5 20 N.B.:-In case of actual cement use being less than the cement level specified in Table-A, the department shall deduct the cost of cement from the bill of contractor at the prevailing pre- determined price of cement for short consumption of cement. In case of actual cement used being more than that specified in Table-A, the contractor shall be paid for exact cement used at the pre-determined price of cement. Design mix and actual cement level required shall be communicated to the contractor from time to time in writing by the Engineer-in-charge. 71. Curing : Curing of all cement works will be done by the contactor as per instruction of Engineer-in-charge, at his own cost.
72. Miscellaneous :
(a) The department will have the right to inspect the scaffolding and centering made for the work and reject partly or fully such structures if found defective in their opinion.
(b) Shuttering and centering shall be made with seasoned sal wood planks, the inside of which shall be lined with suitable sheeting and make leak proof and water tight or alternatively steel shuttering and centering may be preferred.
73. In the event of any work tendered for under "Food for work programme" the payment shall be made in term of CASH AND/ OR GRAIN in accordance with Deptt. of Water Resources Circular No. F.C.III-3/2001/22859 Dt.19.6.2001 red with DOWR resolution No. F.C. 111-59- 2003/27799 dt.11.8.03 and further modifications if any. In the works covered under Food For Work Programme, the contractor shall have to maintain Muster Rolls in support of payment of wages in shape of food grain to the labourers engaged in the work. After issue of food grains by the Deptt., it will be the contractor's exclusive responsibility for transportation, safe custody and up keepment till the food grains are provided to the labourers engaged in the bonafide Govt. work against proper acknowledgement of Muster Rolls. The contractor shall have to bear all incidental charges such as- transportation, storage, handling etc. and cost of empty bags @19.35 bag, the rates quoted for the work are to be inclusive of all such charges. A proforma of undertaking is appended to the Agt. vide Annexure "D". Cost of grain will be recovered at the issue rate from bill of contractor.
CONTRACTOR 20 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 74. Compensation on account of idle labour and / or idle machinery for any reason whatsoever shall not be allowed but only extension of time shall be considered, if the hindrances is not attributable to the contractor.
75. In the event of non-achievement of proportionate progress during the 1st fortnight, instant / appropriate action shall be initiated against the contractor for recession of the contract under clause 2(b) of the F2 agreement and 20% of the value left over work will be realised from the contractor as penalty.
76. Tenderers are also required to go through each clause of PWD from P-1 carefully in addition to the clauses mentioned herein before tendering. The clauses contained in the DTCN form part and parcel of the Agreement and also binding upon the tenderer / Contractor.
77. That for the purpose of jurisdiction in the event of any dispute the contract would be deemed to have been entered into within the state of Orissa and it is agreed that neither party to the contract will be competent to bring a suit in regard to the matter by this contract at any place outside the state of Orissa. 78. The Deptt. reserves the right of authority to reject any or all tenders received without assigning any reason whatsoever. 79. The length and section of reinforcement after it is put in position as per design will be measured for the purpose of payment including weight of binding wire. 80. Water for execution will be arranged by the Contractor at his own cost and responsibility. 81. Concrete should be vibrated with skin vibrator and pan vibrator. If available, the Department will supply these vibrators on payment of usual hire charges. 82. It must be definitely understood that the Govt. do not accept and any responsibility for the correctness and completeness of the trial borings shown in the cross section. 83. Materials for lining work should be used in the work only after obtaining approval of the Engineering-in-charge. 84. Excavated materials and debris unused in the area to be removed from site by the Contractor at his won cost and responsibility. 85. Cement shall be used by the bags and weight of bags of cement being taken as 50kg or weight of one cubic meter or cement to be taken as 14.42 quintal. 86. The Contractor should have enough technically skilled persons for supervision of the work. 87. All borrow pits for earth work should be on river side only and at least 50'=0" away from new toe of the embankment for embankment work. 88. Grubbing out roots and clearing shrub jungles, if any, will be done by the contractor for which no extra payment will be made. 89. The seat of embankment will be ploughed 8" deep before earth is put for which no extra payment will be made. 90. The earth work included all leads and lifts including conveyance by all means by manual or mechanical or both. 91. The Contractor is entitled to be paid only at the rates quoted by him entered in the agreement. If the Contractor is required to pay any ancillary work for doing the main work as per the contract, it will be entirely in his account and nothing extra over and above the agreement rates will be paid.
CONTRACTOR 21 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 92. No claim whatsoever on account of interest will be entertained under any circumstances. 93. Measurement of boulders will be taken on closely packed stack and a minimum of 1/6th of the volume of the stacks will be deducted towards voids for all running payments. 94. Final measurement of boulders will be taken on level sections and the payment will be made for Quantity which will be found less than that the level measurement any excess payment for stacks over measurement will be recovered from the contractor. 95. The Contractor will not be allowed to borrow earth within 50m from either toe of the embankment. 96. Borrowed earth approved by the Engineer-in-charge should be used in the work. 97. The Contractor will remain responsible to arrange all mechanical means whenever required to complete the work in time at his own cost. 98. Utilising moorum, metal and stones outside the specific alignment will not be taken into consideration for measurement. 99. Any damage caused to the work due to any cause whatsoever during execution will be made good by the contractor until it is handed over to the Department in complete shape, "Any cause" includes natural calamities of all kinds. 100. Items except labour items are finished items. 101. Packed quantity will be compared with stacked quantity and minimum will be paid. 102. Measurement of moorum and metal will be taken on stack measurement other than box heaps from which minimum 12.5% of the volume will be deducted towards voids. 103. 5% voids will be deducted from stacks of 6mm size chips and above other than box heaps. No extra payment will be made for stacking the materials. It should be borne by the Contractor at his own cost. 104. The quantities provide in the tender schedule are tentative and there is likelihood of variation during execution as directed by the Engineer-in-charge. Before starting the work the initial levels will be taken by the Department which will be signed by the Contractor in token of acceptance. The final bill will be paid on level sections. Neither any claim nor any extra rate will be entertained for variation in quantities. 105. During excavation of cut-off trench, shoring, shuttering, cost, carriage of materials including all taxes is to be borne by the Contractor. Only the designed sectional quantity will be paid. Dewatering from the foundation trench including hire and running charges of pump will be borne by the Contractor. 106. The Contractor shall engage local labours on priority basis during execution of work. 107. No claim whatsoever will be entertained for any damage caused to work during supply of water in Canal.
108. The pre-measurement of scattered and dismantled laterite stone is to be taken prior to starting of work and to be taken to account for reuse in lining.
109. The Contractor has to make good the damages caused to canal banks for carriage of material at his own cost. 110. Any damage or loss of the materials during carriage and the cost thereof is also to be borne by the Contractor.
CONTRACTOR 22 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 111. The measurement for armoury stone shall be recorded at two stages i.e. the weight of each stone will be recorded before dumping. The area so dumped should be justified by level section consuming work measured in the lowest of the two weighments. 112. Adequate road signals, lighting arrangement and construction, maintenance of diversion road for traffic has to be made by the Contractor exhibiting the position of work under construction in order to safeguard the public from accident for which not extra payment shall be made. 113. All reinforcement cement concrete work shall confirm to Orissa Detailed Specification, I.R.C. and I.S.I. Code and should be proof 1:2:4 with 6mm to 18mm size and hard broken granite chips (18mm size not exceeding to 25%) 114. Shuttering and centering shall be with seasoned sal wood plus the inside of which shall be lined with suitable sheeting and make leak-proof and water-tight. Alternatively, steel shuttering and centering may be used. 115. Cement concrete in rood slab beams and wherever prescribed by the Engineer-in-charge will be machine mixed and Contractor should arrange his own concrete mixer, vibrator, pumps etc. for the purpose. 116. All the quantities mentioned in the schedule are combined for ground and multistoried floors in case of multi-storied building and rates should be through for the same. 117. After completion of the work the Contractor shall arrange all requisite equipments for testing of building and road, if found necessary, at his own cost and bear the entire cost at such tests etc. 118. Regular reliable borrow pits witness are essential for maintenance of which the contractor shall be responsible. If he fails to make or maintain borrow pits and witness in the reliable manner to the satisfaction of the Engineer-in-charge, the later may at his option re-ensure the cubic contents of earth on embankment and deduct from bill of the contractor much percentage which may be judged towards shrinkage settlements and also be, such an adjustment as he thinks fit considering all leads and payment made in the event entertained by the Department on the curtailemnt of earth work extra leads and lifts. 119. The quantity of stone work will be arrived at both by section and stack measurement and payment will be made on the minimum quantity so arrived. 120. All fittings for Door and Windows, if supplied by the Contractor, should be of best quality and should be, got approval by the Engineer-in-charge before they are used on the work. 121. All reinforced cement concrete works, extra charges for smooth plastering, if required, to any R.C.C. structure like columns, chajas, deck slabs, walls or R.C.C. works will not be paid for endering exposed surface smooth. 122. The depth of foundation indicated on the drawing are provisional but these may be altered, if necessary, in the light of the nature of soil indicated by boring which must be taken in advance of the actual execution according to the instructions. 123. For concreting the bottom plugs of well under water the method of pouring concrete should be either with baskets or boxes or bags as will be directed by the Engineer-in-charge. 10% extra cement shall be used for underwater concreting without any extra cost to the Department.
CONTRACTOR 23 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 124. No claim will be entertained in respect of difficulties due to sand blowing met with during sinking of wells. 125. No parts of the bearing for the superstructure shall be allowed to rest on the noses of he piers. 126. The use of mild steels roller and pins be permitted provided those are made either of gauge- III or IV steel in accordance with I.R.C. specification. M.S. roller and pins be forge metal, alternatively be turned from Railway carriage and wagon axles (there may be designed according to the formula). P=D 32 where "P" is the permissible load in tones per inch length of roller and "D" is the diameter of the roller in inches. 127. Locks and groves shall be provided in the bearings to prevent them from showing or getting out of alignment. 128. For proper maintenance of metallic bearings suitably designed boxes having necessary grease for lubrication and permitting easy access the bearings shall be provided to prevent dust or other foreign materials getting into the bearings. 129. Sliding plate bearing shall normally be from anyone metal and combination of plates of different metals which is likely to result in friction shall not be permitted. For copper plate into pressed between plates will not be allowed. 130. The thickness of cement concrete in top plugging should be as per the departmental drawing. 131. Concrete of strength below 85% of the required strength (as determined by actual test) shall not be accepted. 132. Earth work beyond the actual design section will not be paid for. 133. The Contractor will arrange the permit from the Forest, Revenue Department for quarrying of materials, if necessary, at his own cost. 134. ADDITIONAL CLAUSE TO BE INCLUDED IN THE FAIR WAGE (SAID CLAUSE 34 OF CONDITIONS OF CONTRACT) INTRODUCED IN G.O.44 VII S. 13/62 DATED 20.2.1955. a) Under the provision of the Minimum Wages Act 1948 and the Minimum Wages (Central) Rules 1950, the Contractor is bound to allow or cause to be allowed to the labour directly or indirectly employed on the works one day's rest for six days continuous work and pay wages at the same rates for duty in the event of default, the Executive Engineer or Sub- Divisional officer concerned shall have the right to deduct the sums not paid on account of wages for weekly holidays to any labour and pay the same to the persons entitled thereto from any money due to the Contractor. b) The contractor shall at his own expense provide or arrange for the provision of foot wear for any labourer doing cement mixing work and black topping of roads. (The contractor has undertaken to execute under this contract) to the satisfaction of the Engineer-in- charge, and on his failure to do so, Government shall be entitled to provide the same and recover the cost from the Contractor. 2. PAY i) In case of delivery Leave pay during maternity leave will be the rate of the worker's average daily earnings calculated on the total wages earned on ten days when full time work was done during a period of three months immediately preceding the date on which the given notice that she expects to be confined or at the rate of twelve annas a day whichever is greater.
CONTRACTOR 24 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION ii) In case of miscarriage. Leave pay at the rate of average daily earning calculated on the total wages earned and on the days when full time work was done during a period of three months immediately proceeding the date of such miscarriage. iii) Conditions for the grant of maternity. Maternity leave benefit shall be admissible to a woman unless she has been employed for a total period not less than 6 months immediately preceding the date of which she preceeds on leave. This will apply only to work places which may continue a year or more. 135. Under no circumstances interest is chargeable for the dues or additional dues, if any, payable for the work. 136. A fresh affidavit shall be furnished by the contractor at the time of submission of tender papers about the authentication of tender documents including bank Guarantee. 137 The Percentage rates agreement will be guided as per OPWD Code SPECIAL CONDITION A. The royalty of materials will be recovered from the work bill as detailed below in case of failure of production of proper money receipt from Revenue Department. Any ammendment on the following rates shall prevail, from the date of such amendment.
MATERIALS RATE UNIT
1. Sand/ordinary soil 27.44 Each Cum 2. Grad granite metal IRC Gr. I 98.78 Each Cum 3. Hard granite metal IRC Gr. II 98.78 Each Cum 4. Hard granite metal IRC Gr. III 98.78 Each Cum 5. Hard stone metal 98.78 Each Cum 6. Hard stone boulder 98.78 Each Cum 7. Hard granite boulder 98.78 Each Cum 8. Moorum 27.44 Each Cum 9. Hard granite Chips 98.78 Each Cum 10. Laterite stone 137.20 Each Cum B. LABOUR CESS
1 (one) % of gross bill amount will be deducted from the work bill of the said project towards Labour CESS as per resolution No. 12653-LE dt. 15.12.2008.
CONTRACTOR 25 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION ORISSA PUBLIC WORKS DEPARTMENT. PERCENTAGE RATE TENDER AND CONTRACT FOR WORK [Form P-1]
General Rules and Directions for the guidance of Contractors.
1. All works proposed for execution by contract will be notified in a form of invitation to tender passed on a board hung up in the office and signed by the Sub-Divisional Officer/ Executive Engineer.
This notice will state the work to be carried out, the items and approximate quantities thereof as well as the date for submitting and opening tenders also the amount of earnest money to be deposited 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 specification, designs and drawings and any other documents required in connection with the submission of tenders for the purpose of identification by the Sub-Divisional Officer/ Executive Engineer shall also be kept open for inspection by the contractor at the office of the Sub-Divisional Officer/Executive Engineer during office hours.
2. In the event of the tender being submitted by a firm it must be signed separately by each member thereof or in the event of the absence of any partner it must be signed on his behalf by person holding of Power of Attorney authorising him to do so.
3. Receipts for payments made on account of work, when executed by a firm must also be signed by the several partners, except where the contractors are described in their tender as a firm in which case the receipts must be signed in the name of the firm by one of the partners or by some other persons having authority to give effectual receipts for the firm.
4. The memorandum of work tendered for and the memorandum of materials to be supplied by the Public Works Department and their issue rates shall be filled in and completed in the office of the Sub-Divisional Officer/Executive Engineer before the tender form is issued. If a form is issued to an intending Tenderer without having been so filled in and completed, he shall request the office to have this done before he completes and delivers his tender.
5. The amount of earnest money and security money to be deposited shall confirm to the following.
a) Contractors who have made or who will make the prescribed amount of fixed security deposit with the Government will not be required to pay any earnest money at the time of tender or initial security at the time of award of work, but deductions at the rate of 5% of the gross amount of each bill will be effected from their bills.
b) The fixed deposit of special and 'A' class contractors should be lodged with the Chief Engineer, Roads and Buildings and that of 'B' Class contractors with the respective registration authorities.
CONTRACTOR 26 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION c) Such contractors who have no fixed deposits with Government should pay 1 per cent as earnest money at the time of submitting tenders and 1 per cent as initial security at the time of acceptance of tenders. Besides the earnest money and initial security, contractors of special, 'A' and 'B' classes will be required to furnish security deposit by way of deduction from their bills at the rate of 5 per cent of the gross amount of such bill, whereas in case of 'C' and 'D' class contractors, such deductions will be made at the rate of 3 per cent of the gross amount of each bill. Thus the total security deposit to be made by contractors having no fixed deposit will be 7 per cent for special, 'A' and 'B' classes and 5 per cent for 'C' and 'D' classes respectively.
d) The percentage of earnest money deposit should be calculated on the estimated cost of the work and the initial security will be of such amounts as would together with the earnest money make 2 per cent of the cost of the work as per the accepted tender should the actual cost of the work exceed, for any reason, the original cost as per the accepted tender the amount recovered from the bill of the contractor will be such as to make together with the deposits already released an amount equal to the prescribed percentage on the actual cost of the work executed.
e) The earnest money and initial security deposit will be made in National Savings Certificates, Postal Time Deposit or other approved Government Securities duly pledged in favour of the Executive Engineer, Jaraka Irrigation Division, Jaraka.
6. Any person who submits a tender shall fill up the usual printed forms stating at what rate is willing to undertake each item of work. Incomplete tender and tenders which propose any alteration in the work specified in the said form of invitation to tender, or which contain any other conditions of any sort, or omit to note the time within which the work can be finished, or which are not accompanied by a treasury challan for the required earnest money will be liable to rejection. No single tender shall include more than one work; but contractors who wish to tender for to or more works shall submit a separate tender for each. Tender shall bear the name of the work to which they refer written outside the envelope.
7. The Executive Engineer or his duly authorised assistant will open the tenders in the presence of any intending contractors who may be present at the time and will enter the amounts of the several tenders in comparative statement in suitable form. In the event of tender being rejected the earnest money forwarded therewith shall thereupon be returned to tenderer.
8. The authority competent to accept the tender reserves the right of rejecting all or any of the tenderers without assigning any reason there of.
9. In the event of a tender being selected for acceptance, the Engineer who opened the tenders will, if he is competent to accept the tender, inform the tenderer of the selected tender who shall thereupon sign copies of the specification and other documents mentioned in rule 1 and 4 for the purpose of identification and for his acceptance with the tender. The
CONTRACTOR 27 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION tenderer of the selected tender shall also deposit the required amount of the security money within the prescribed time. If the tenderer fails to deposit the required amount of the security money within the prescribed time, the Engineer may reject the tender.
If the Engineer is not competent to accept the tender himself, he will inform the tenderer of the tender which he decides to recommend for acceptance. Such tenderer shall thereupon sign forthwith copies of the specification and other documents mentioned in rule 1 and 4 and shall deposit the required amount of the security money within the prescribed time. The tender with the specification and other documents, signed by the tenderer will then be forwarded for acceptance to the Engineer who is competent to accept the same. If the said Engineer rejects the tender the security money deposited shall be refunded to the tenderer.
10. When a tender is selected for acceptance the tenderer shall deposit the required amount of the Security money. No tender shall be finally accepted until the required amount of the security money has been deposited.
11. Any balance of the security money outstanding after completion of the contract with the tenderer may be made up by deductions of 5 percent or 3 percent, as the case may be of the amount of each payment to be made to him under clause 7 of the conditions of contract for work done under the contract.
12. When the tender has been selected for acceptance and the required amount of the security money has been deposited the Engineer shall scrutinise all pages of the form, of item, rate, tender and contract for the work to see that the form has been properly filled up and signed by the contractor and the signature witnessed. He shall then, if he is competent to accept the tender, sign the acceptance of the tender or if he is not so competent, shall send the form for signature of the acceptance to the officer competent to accept it.
TENDER FOR WORKS
I/WE hereby tender for the execution for the Governor of Orissa of the work specified in the tender written memorandum at the rates specified therein with a period of 45 (Forty five) days including monsoon from the date of written order to commence and in accordance, in all respects with the specifications, designs, drawing and other documents hereof and subject to the annexed conditions of contract and with such materials as per provided for by and in all other respects in accordance with such conditions so far as applicable.
.
CONTRACTOR 28 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION MEMORANDUM a) Name of work : Scoured Bank protection to Brahmani left near Kandia Harijan Sahi.
b) Amount put to tender : Rs. 9,90,957.00 c) Name of Agency : d) Agreement amount : e) Earnest money : Rs. 10,000.00 f) a) Initial security deposit : Rs. (including EMD)
b) Additional performance : Rs. Security g) Percentage to be deducted : 3 (Three) % (for C & D) of Gross Bill Quantity from bills (As Security deposit)
h) Time required for the work from date of written order to commence : 45 (Forty five) days i) Date of written order to commence : j) Actual date of commencement of the work k) Actual date of completion : l) Total number of items of : 3 (Three items only) works tender for
Should this tender be accepted I/We hereby agree to abide by and fulfill all the terms and provisions of the said conditions of contract annexed here to so far as applicable, or in default there of to forfeit and pay to the Governor of Orissa or his successors in office the sums of money mentioned in the said conditions.
Dated the ______day of ______20______
Witness –
Address –
Occupation-
The above tender is hereby accepted by me on behalf of the Governor of Orissa
Dated the ______day of ______20______
CONTRACTOR 29 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION CONDITION OF CONTRACT
Clause - 1 : All compensation or other sum of money payable by the Signature of the officer by contractor to Government under the terms of his contract may be deducted whom accepted. from, or paid by, the sale of a sufficient part of his security deposit or from the interest arising there from, or from any sums which may be due or may become due to the contractor by Government on any account whatsoever and in the event of his security deposit being reduced by reason of any such
deduction or sale as aforesaid, the contractor shall within 10 days thereafter
make good in cash or Government securities endorsed as aforesaid any sum or sums which may have been deducted from, or raised by, sale of the
security deposit or any part thereof.
Clause - 2 (a) : The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned
from the date on which the written order to commence work is given to the
contractor. The work shall throughout the stipulated period of the contract, be
carried on with all due diligence (time being deemed to be of the essence of Compensation for delay. the contract on the part of the contractor) and the contractor shall pay as compensation, an amount equal to 1/2 percent on the amount of the
estimated cost, if the whole work as shown by the tender for every day that the work remains uncommented, or unfinished after the proper dates (The work should not be considered finished until such date as the Executive Engineer shall certify as the date on which the work is finished after necessary rectification of defects as pointed out by the Executive Engineer
or his authorized agents, are fully complied with by the contractor to the Executive Engineers satisfaction).And further, to ensure good progress during the execution of the work the contractor shall be bound, in all cases in which the time allowed for any work exceeds one month; to complete one- fourth of the whole of the work before one fourth of the whole time allowed
under the contract has elapsed, one-half of the work, before one-half of such time has elapsed, in the events of the contractor failing to comply with the condition, he shall be liable to pay as compensation an amount equal to one- third percent on the said estimated cost of the whole work for everyday that the due quantity of work remains incomplete. Provided always that the entire amount of compensation to be paid under the provisions of this clause shall not exceed 10 percent on the estimated cost of the work as shown in the tender. Executive Engineer b) If there are possibilities of exceeding this compensation amount as mentioned in clause (a) 10% of this estimated cost or in any case in which under any clause or clauses of this contract, the contractor shall have rendered himself liable to pay compensation amounting to the whole of his
security deposit it in the hands of Government (Whether paid in one sum or
deducted by installments) the Executive Engineer on behalf of the Governor of Orissa shall have power to rescind the contract (of which rescission notice in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) with imposition of penalty of 20% of the left over work which will be realised from the Contractor.
CONTRACTOR 30 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION In the event of any of the above courses being adopted by the Executive Engineer the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials, or entered into any
engagement, or made any advances on account of or with a view to, the execution
of the work the performance of the contract. And in case the contract shall not be
entitled to recover or be paid any sum for any work there to for actually performed
under this contact, unless and until the Executive Engineer shall have certified in
writing the performance of such work and the value payable in respect thereof and
he shall only be entitled to be paid the value so certified.
Clause - 3 : In any case in which any of the powers, conferred upon the
Executive Engineer by clause 3 thereof, shall have become exercisable and the same shall not be exercised. The non-exercise thereof shall not constitute a waiver
of any of the conditions hereof and such powers shall not withstanding be
exercisable. In the event of any furture case of default by the contractor of which by
any clause or clauses hereof he is declared liable to pay compensation amounting Contractor remains liable to pay compensation if to the whole of his security deposit, and the liability of the contractor for past and action not taken under future compensation shall remain unaffected. In the event of the Executive clause - 6. Engineer putting in force the powers vested him under the proceeding clause he
may, if he so desires, take possession of all or any tools, plants, meterials 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 any part
Power to take possession thereof, paying or allowing, for the same in the account at the contract rates, or in of or required removal of case of these not being applicable, at current market rates to be certified by the or sale contractors plants. Executive Engineer may be notice in writing to the contractor or his clerk of the
works, foreman or other authorised agent required him to remove such tools,
plants, materials, or stores from the premises (within a time to be specified in such
notice); and in the event of the contractor failing to comply with any such
requisition, the Executive Engineer may remove them at the contractor's expenses
or sell them by auction or private sale on account of the contractor and at his risk in
all respects, and the certificate of the Executive Engineer as to the expense of any Executive Engineer such removal and the amount of proceeds and expense of any such sale shall be CONTRACTOR final and conclusive against the contractor. Jaraka Irrigation Division Clause - 4 : If the contractor shall desire an extension of the time for completion of
the work, on the ground of is having been unavoidably hindered in its execution or
any other ground, he shall apply in writing to the Executive Engineer within 30 days
of the date of the hinderance on account of which he desires such extension as
aforesaid and the Executive Engineer shall, if in his opinion (which shall be final)
Extension of time. reasonable grounds be shown therefore, authorise such extension of time, if any,
as may in his opinion, be necessary or proper. The Executive Engineer shall at the
same time inform the contractor whether he claims compensation for delay.
CONTRACTOR 31 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION Clause - 5 : On completion of the work, the contractor shall be furnished with Final certificate a certificate by the Executive Engineer (here-in-after called the Engineer-in-charge)
of such completion, but no such certificate be given nor shall the work be considered to be completed until the contractor shall have removed from the area of the premises to be distinctly marked by the Executive Engineer in the site plan
on which the work shall be executed all scaffolding, surplus materials and rubbish,
and cleaned off the dirt from all wood-work; doors, windows, walls, floors other part
of any building in upon or about which the work is to be executed, or of which he
may have possession for the purpose of the execution thereof, nor until the work
shall have been measured by the Officer of the Public Works Department in
accordance with the rules of the department whose measurements shall be binding and conclusive against the contractor, if the contractors shall fail to comply with the
requirements of this clause as to removal of scaffolding surplus materials and
rubbish, and cleaning off dirt on or before the date fixed for the completion of the works, the Engineer-in-Charge may at the expense of the contractor remove such scaffolding surplus materials and rubbish and dispose of the same as he thinks fit
and clean of such dirt as aforesaid and the contractor shall forthwith pay the
amount of all expenses incurred and shall have no claim in respect of any such scaffolding or surplus materials; as afforesaid, except for any sum actually realised by the sale thereof.
Sub-Clause-5 : If the opinion of the Engineer-in-charge which shall be final and binding on the contractor, occupation or utilisation of a portion of the work
completed in no way interferers with progress of the work the same may be
occupied or utilized by on behalf of the Govt. under the written order of the
Engineer-in-charge and to get the defects, if any rectified by the contractor at his (Contractor) own cost within six months from the date of completion of the whole work provided that the contractor will not be allowed any concession either in the
shape of extension of the stipulated period or any other monetary compensation on
account of such occupying use.
Clause - 6 : A bill shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-Charge for all works executed in the Payment on intermediate certificate previous month, and the Engineer-in-Charge or his sub-ordinate shall take the to be regarded as requisite measurement for the purpose of having the same verified and the claim, advances and bill to be as far as admissible, adjusted, if possible, before the expiry often days from the submitted monthly. representation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Engineer-in-charge or his subordinate shall measure up the
said work in the presence of the contractor whose countersignature of the measurement list will be sufficient warrant, and the Engineer-in-charge or his sub- ordinate shall prepare a bill from such list which shall be binding on the contractor
in all respects.
CONTRACTOR 32 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION Provided that, if any balance of 10% security is outstanding from each such
payment shall be deducted so much, not exceeding 5% as may be necessary to
make up the balance of the security. All such intermediate payments to the contractor shall be regarded as payments by way of advance against the final
payment only and not as payments for work actually done and completed, and shall not preclude the requiring of bad, unsound and imperfect or unskillful work to
be removed and taken away and reconstructed or re-erected, or be considered as
an admission of the due performance of the contract, or any part thereof in any respect, or the actual of any claim nor shall it conclude, determine, of effect in any way the powers of the Engineer-in-charge under these conditions or any of them as to the final settlement or adjustment of the accounts or otherwise, or in any other
way vary or affect the contract.
Clause - 7 : The final bill shall be prepared by the offices of the Public Works Department in accordance with the rules of the department in the presence
of the contractor within one month of the date fixed for completion of the work.
Clause - 8 : If the specification or estimate of the work provides for the use
of any special description of material to be supplied from the Engineer-in-charge's
store, or if it is required that the contractor shall use certain stores to be provided by the Engineer-in-charge under the conditions of this contract (such materials 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
Stores supplied by control the meaning or effect of this contract are specified in the schedule or Government. memorandum hereto annexed), the contractor shall be supplied with such
materials and stores noted in the annexed schedule as are required from time to
time to be used by him for the purposes of the contract only, and the value of the
full quantity of materials and stores so supplied at the rates specified in the said
schedule may be set off or deducted from any sums then due or thereafter to
become due to the contractor under the contract or otherwise, or against or from
the security deposit, or the proceeds of sale there of, if the same is held in
Government securities, the same or a sufficient portion thereof being in this case sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Government and shall not on any 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 used and in perfectly good condition at the time of the
completion or determination of the contract shall be returned to the Engineer-in- charge's store at the prevailing market rate or at the issue rate whichever is less if
by a notice in writing under his hand he shall so require, but the contractor shall not be entitled to return any such materials unless with such consent and shall have no claim for compensation on account of any such materials so supplied to him as
aforesaid being unused by him, or for any wastage in or damage to any such materials.
CONTRACTOR 33 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION Clause - 8 (a) : If a contractor removes any material or stock so supplied to him
from the site of the work in contravention of the provisions of this clause with a view to dispose of the same dishonestly, he shall, in addition to any other liability civil or criminal arising out of this contract be liable to pay a penalty equivalent to five times
the price of the said materials or stock, according to the stipulated rate. The penalty so imposed shall be recoverable from any sum that may be then, or at any time
thereafter may become due to the contractor, or from his security deposit or the
proceeds of sale thereof.
Clause - 8 (b) : Owing to difficulty in obtaining certain materials in the open market the Government have undertaken to supply materials specified in the Works to be executed in schedule here to annexed. There may be delay in obtaining materials by the accordance with specification drawing and Department and the contractor is thereof, required to keep himself in touch with the orders etc. day today position regarding the supply of materials from the Engineer-in-charge . and to so adjust the progress of the work that their labour may not remain idle nor may there be any other claim due to or arising from delay in obtaining the materials.
It should be clearly understood that no monetary claim whatsoever shall be
entertained by the Government on account of delay in supplying materials. However, extension of time for completion of work can be granted on timely
application by the contractor vide also Clause - 5.
Clause - 9 : The contractor shall execute the whole and every part of the
work in the most substantial and workman like manner, and both as regards materials and otherwise in every respect in strict accordance with the specifications. Works to be executed in accordance with The contractor shall also confirm exactly, fully and faithfully to the designs, drawings, specification drawing and and instructions in writing relating to the work signed by the Engineer-in-charge and orders etc. lodged in his office, and to which the contractor shall be entitled to have access at
such office, for the purpose of inspection during office hour and the contractor shall, if he so requires, be entitled at his own expense to make or cause to be made
copies of the specifications, and of all such designs, drawings and instructions as aforesaid. Clause - 10 : The Engineer-in-charge shall have power to make any alterations in or
additions to the original specification, drawings Designs and instructions that may appear to him necessary and advisable during the progress of work, and the
Do not invalidate contract. contractor shall be bound to carry out the work in accordance with any instructions 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. The time for the completion of the work shall be extended in the proportion that the additional work bears to the original contract work and the Extension of time in consequence of certificate of the Engineer-in-charge shall be conclusive as to such proportion. And alterations. if the additional work includes any class work, for which no rate is
CONTRACTOR 34 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION specified in this contract, then such class of work shall be carried out at the
rates entered in the sanctioned schedule of rates of the locality during the period when the work is being carried on and if such last mentioned class of
work is not entered in the schedule of rates of the district then the contractor
Rates of work shall within seven days of date of his receipt of the order to carry out the not in estimate or work inform the Engineer-in-charge of the rate which it is his intention to schedule of rates of the district. charge for such class of work, and if the Engineer-in-charge does not agree to this rate he shall by notice in writing be at liberty to cancel his order to
carry out such class of work and arrange to carry it out in such manner as he
may consider advisable.
No deviations from the specification stipulated in the contract or
additional items of work shall ordinarily be carried out by the contractor, nor
shall any altered, additional or substituted work be carried out by him, unless
the rates of the substituted, altered or additional items have been approved
and fixed in writing by the Engineer-in-charge. The contractor shall be
bound submit his claim for any additional work done during any month on or before the 15th day of the following month accompanied by a copy of the
order in writing of the Engineer -in-charge for the additional work and that the
contractor shall not be entitled to any payment in respect of such additional work if he fails to submit his claim within the aforesaid period.
Provided always that if the contractor shall commence work or incurring expenditure in regard thereof before the rates shall have been
determined as lastly herein before mentioned, in such case he shall only be entitled to be paid in respect of the work carried out as 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 Superintending Engineer of the
Circle will be final.
Clause - 11 : If at any time after the commencement Executive of the work the No compensation for alteration Engineerin or restriction Governor of Orissa shall for any reason whatsoever not require the whole of work to be carried out. CONTRACTOR thereof as specified in the tender to be carried out theJaraka Engineer-in-charge Irrigation
Division shall give notice in writing of the fact to the contractor who shall have no claim to any payment or compensation whatsoever on account of any profit or advantage, which he might have derived from the execution of the work in
full but which he did not derive in consequence of the full amount of the work not having been carried out, neither shall he have any claim for
compensation by reason of any alteration having been made in the original specification, drawings, designs and instruction which shall involve any
curtailment of work as originally contemplated.
CONTRACTOR 35 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
Clause - 12 : If it shall appear to the Engineer-in-charge of his sub-ordinate-in- Action and charge of the work, that any work has been executed with unsound, imperfect or Compensation unskilful workmanship or with materials of any inferior description, or that any payable in case of materials or articles provided by him for the execution of the work are unsound of a bad work. quality inferior to that contracted for or otherwise not in accordance with the contract, the contractor, shall on demand in writing from the Engineer-in-charge specifying the work, materials or articles complained of notwithstanding that the same may have
been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified in whole or in part as the case may, require, or as the case may be, remove the materials or articles so specified and provide other
proper and suitable materials or articles at his own proper 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 his demand aforesaid, then 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 ten days, while his failure to do so shall continue and in the case of any such failure the Engineer-in-charge may rectify or remove, and re-execute the
work or remove & replace with others, the materials or articles complained of as the case may be at the risk and expense in all respects of the contractor.
Clause - 13 : All work under or in course of execution or executed in pursuance of the contractor shall at all time be open to the inspection or supervision Work to be open to of the Engineer-in-charge and his sub-ordinates and the contractor shall at all times inspection during the usual working hours, and at all other times at which reasonable notice of the intention of the Engineer-in-charge or his sub-ordinate to visit the works shall have been given to the contractor either himself be present to receive orders and Contractor or instruction, or have a responsible agent duly accredited in writing present for that responsible Agents purposes. orders given to the contractor's agent shall be considered to have the to be present. same force as if they had been given to the contractor himself.
Clause - 14 : The contractor shall given not less five days notice in writing to the Engineer-in-charge or his sub-ordinate-in-charge of the work before covering up or Notice to be given otherwise placing beyond the reach of measurement any workExecutive in order that the before Engineerwork is same may be measured and correct dimensions thereof be taken before the same is covered up. so covered up or placed beyond the reach of measurement and any work without CONTRACTOR the consent in writing of the Engineer-in-charge or his sub-ordinate-in-chargeJaraka Irrigation of the Division 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, them same shall be uncovered at contractor's expense, or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed. Clause - 15 : If the contractor or his work people, or servants shall break deface
injure or destroy any part of building in which they may be working or any building, road, fence, enclosure, or grass land or cultivated ground continuous to the Contractor liable for premises on which the work or any part of it is being executed or if any damage shall damage done and happen to the work, while in progress, from any cause whatever or any imperfection for imperfection for become apparent in it within six months from the date of final certificate of its 3 months after completion shall have been given by the Engineer-in-charge, as aforesaid, the certificate. contractor shall make the same good at his own expense, or in default, the Engineer-in-charge may cause the same to be made good by other workmen and deduct the expenses (of which the certificate of the Engineer-in-charge shall be final) from any sums that may be then, or at any time thereafter may become due to the contractor, or from his security deposit or the proceeds of sale thereof, or of a sufficient portion thereof and the contractor shall be liable to pay any part of the expenses not so recovered by the Engineer-in-charge.
Payment on intermidiate certificate to be regarded as advances and bill to be submitted monthly.
CONTRACTOR 36 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION executed or if any damage shall happen to the work, while in progress, from any cause whatever or any imperfection become apparent in it within six months from the date of final certificate of its completion shall have been given
by the Engineer-in-charge, as aforesaid, the contractor shall make the same good at his own expense, or in default, the Engineer-in-charge may cause the same to be made good by other workmen and deduct the expenses (of which the certificate of the Engineer-in-charge shall be final) from any sums that may
be then, or at any time thereafter may become due to the contractor, or from
his security deposit or the proceeds of sale thereof, or of a sufficient portion thereof and the contractor shall be liable to pay any part of the expenses not so
recovered by the Engineer-in-charge.
Clause - 16 : The contractor shall supply at his own cost all materials (except
such special materials, if any, as may in accordance with the contract, be supplied from the Engineer-in-charge's stores), plant, tools, appliances,
implements, ladders, cordage, tackle scaffolding and temporary works requisite or proper for the proper execution of the work, whether original altered or
substituted, and, whether included in the specification or other documents Contractor to supply plant, ladders, scaffolding forming part of the contract or referred to in these conditions or not to which etc. may be necessary for the purpose of satisfying or complying with the
requirement of the Engineer-in-charge as any matter as to which under this
conditions, he is entitled to be satisfied, which he is entitled to require together
with carriage therefore 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 of the work or materials. Failing his so doing the same may be provided by the
Engineer-in-charge at the expense of the contractor and the expenses may be
deducted from any money due to the contractor under the contract, or from his security deposit or the proceeds of sale thereof or of a sufficient portion
thereof. The contractor shall also provide all necessary fencing and lights
required to protect the public from accident, and shall be bound to bear the
expenses of defense of every suit, action or other proceedings at law 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 And is liable for damage arising from non provision such suit, action or proceedings to any such persons or which may with the of lights, fencing etc. consent of the contractor be paid to compromise any claim by any such person.
Clause - 17 : (a) No female labor shall be employed within the limits of a cantonment. The contractor shall not employ for the purpose of this contract any person
who is below the age of twelve years, and shall pay to each labourer for the work done by such labourer, wages not less than the wages paid for similar work in the neighborhood.
CONTRACTOR 37 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION The Executive Engineer shall have the right to enquire into and
Works to be open to decided any complaint alleging that the wages paid by the contractor to any inspection. labourer for the work done by such labourer is less than the wages paid for similar work in the neighborhood. The officer-in-charge of the work shall have the right to decide whether any Work not to be sublet. labourers employed by the contractor is below the age of twelve years and to
refuse to allow any labourer whom he decides to be below the age of twelve
years to be employed by the contractor.
(b) The contractor shall employ one or more Engineer Graduates or
Diploma holders as apprentices at his own cost if the work as shown in the
tender exceeds Rs. 2,50,000/-. The apprentices will be selected by the Chief
Engineer. The period of employment will commence within one month after
Contract may be the date of work order and would last till the date when 90% of the work is rescinded and security deposit completed. The fair wage to be paid to the apprentices should be not less forfeited for the than Rs...... , the emolument of personnel of equivalent subletting, bribing or qualification employed under Government. The number of apprentices to be if contractor becomes
insolvent. employed should be fixed by the Chief Engineer in a manner so that the total
expenditure does not exceed one percent of the tendered cost of the work. Sum payable by way of
compensation to be (c) Special class contractor shall employ under him one Graduate considered as a reasonable compensation Engineer and two Diploma holders belonging to the State of Orissa. without reference to actual Like-wise, ‘A’ class contractor shall employ under him one Graduate loss. Engineer or two Diploma holders belonging to State of Orissa. The
Change in consti- employment of such Graduate Engineers and Diploma holders under the tution of the firm. contractor shall be full-time and continuous and they should not be superannuated, retired, dismissed or removed personnel from any State
Government or Central Government Service, Public Sector Undertakings, Contract may me rescinded and Private Companies and Firms or be ineligible for appointment of Government security deposit Service. The contractor shall pay them monthly emoluments which shall not forfeited for be less than the emoluments of the personnel of equivalent qualification employed under the State Government of Orissa. The Chief Engineer, Roads, Orissa may, however, assist the contractor with names of such
Unemployed Graduate Engineers and Diploma Holders, if such help is sought for by the contractor
The names of such engineering personnel appointed by the contractor
should be intimated to the tender receiving authority along with each tender
as to who would be supervising the work.
Each bill of the special class or ‘A’ class contractor shall be accompanied by Lump sums in an employment roll of the Engineering Personnel together with a certificate of estimate. the Graduate Engineer or Diploma holder as employed by the contractor to
the effect that the work executed as per the bill has been supervised by him.”
CONTRACTOR 38 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION Clause - 18 : The contractor shall not be assigned or sublet without the
Work not to be sublet. written approval of the Executive Engineer. And if the contractor shall assign or subject his contract, or attempt to do so, or become insolvent or commence any
insolvency proceeding, or make any composition with his creditor, or attempt so to do, or if any bride, gratuity gift, loan perquisite reward or advantage pecuniary or otherwise, shall either directly or indirectly be given, promised of offered by the
contractor, or any of his servants or agents to any public officer or persons in the employ of Government in any way relating to his office employment, or if any such
officer or person shall become in any way directly or indirectly interested in the Contract may be contract, the Executive Engineer may thereupon by notice in writing rescind the rescinded and security contract and the security deposit of the contractor shall thereupon stand forfeited deposit forfeited for the subletting, bribing or if and be absolutely at the disposal of Government and the same consequence shall contractor becomes ensure as if the contract had been rescinded under clause 3 hereof, and in addition insolvent. the contractor, shall not be entitled to recover or to be paid for any work therefore
actually performed under the contract. Sum payable by way of compensation to be Clause - 19 : All sums payable by way of compensation under any of these considered as a reasonable conditions shall be considered as reasonable compensation to be applied to the compensation without use of Government without reference to the actual loss or damage sustained and reference to actual loss. whether or not damage shall have been sustained. Change in consti- Clause - 20 : In the case of a tender by partners, any change in the constitution of tution of the firm. the firm shall be forthwith notified by the contractor to the Engineer-in-charge for
his information.
Contract may me In case of failure to notify the change in the constitution within fifteen days rescinded and security the Engineer-in-charge may by notice in writing rescind the contracts and the deposit forfeited for 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 hereof, and in addition the contractor shall not be entitled to recover or be paid for any works therefore actually
performed under the contract.
Clause - 21 : All works to be executed under the contract shall be executed under the direction and subjected to the approval in all respects of the Superintending
Engineer of the Circle for the time being who shall be entitled to direct at what point or points and in what manner they are to be commenced, from time to time carried
on.
Clause - 22 : Deleted.
Clause - 23 : When the estimate on which a tender is made include lump sums in
respect of parts 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 are payable under this contract for such items, or if the part of the work in
question is not, in the opinion of the Engineer-in-charge capable of measurement, the Engineer-in-Charge may by his discretion pay the lump sum amounts 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.
CONTRACTOR 39 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION Clause - 24 : In the case of any class of work for which there is no such Action where no specification. specification as is mentioned in rule-I, such work shall be carried out in accordance with the circle specification and in the event of there being no circle
specification, then in such case the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-in-charge.
Clause - 25 : The expression ‘‘Work’’ or ‘‘Works’’ where used in these
conditions shall, unless there be something either in the subject or context
Definition of works. repugnant to such construction, be constructed to be executed, whether
temporary or permanent, and whether original, altered, substituted or additional.
Clause - 26 : Government shall be entitled to recover in full from the contractor
any amount that the Government may be liable to pay under workman's
Compensation Act VIII of 1923, to any workman employed in course of execution
of any part of the work covered by this contract.
Lump sums in estimate. Clause - 27 : That the purpose of Jurisdiction in the event of dispute if any, the
contract should be deemed to have been entered into within the State of Orissa
and it is agreed that neither party to the contract or agreement will be competent
to bring a suit in regard to the matters covered by this contract at any place
outside the State of Orissa.
Clause - 28 : The department will have the right to inspect the scaffolding and centering made for the work and can reject partly or fully such structure if found defective in their opinion.
Clause - 29 : Sanitary arrangements will be made by the contractor at his own cost for his labour camp.
Clause 30 : The contractor shall bear all taxes including Sales-tax, Income-tax, royalty fair-weather charges and tollage, where necessary.
Clause 31 (a) : NOT APPLICABLE
Clause 32 : After the work is finished all surplus materials and debris are to be removed by the contractor and preliminary works such as vats, mixing platforms, etc. are to be dismantled and all materials removed from site. The ground upto 100'-0" wide from the building should be cleared and dressed.
CONTRACTOR 40 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION FAIR WAGE CLAUSE
Clause - 33 : (a)- The contractor shall not employ for the purpose of this Contract any . person who is below the age of twelve years and shall pay to each labourer for work done by such labourers fair wages.
Explanation - ‘‘ Fair Wages ’’ means wages whether for time or piece work prescribed by the State Public Works Department provided that where higher rates have been prescribed under the minimum wages Act 1948 wages at such higher rates should constitute fair wages.
The Executive Engineer shall have the right to enquire into and decide any complaints
alleging that the wages paid by the contractor to any labourer for the work done by such labourer is less than the wages as per sub-paragraph - 1 above.
(b) The contractor shall, notwithstanding the provisions of any contract to contrary, cause to be paid a fair wages to labourers indirectly engaged on the work including any labour engaged by his sub-contractors in connection with the said work, as if the labourers had been immediately employed by him.
c) In respect of all labour directly or indirectly employed in the works for the performance of the contractor's part of this agreement, the contractor shall comply with or cause to be
complied with all regulations made by Government in regard to payment of wage period deductions from wages, recovery of wages not paid and deductions unauthorisedly made, maintenance of wage register, wage cards, publication of scale of wages and other terms of employment, inspection and submission of periodical return and all other matters of a like nature.
(d) The Executive Engineer or Sub-divisional Officer concerned shall have the right to deduct, from the money due to the contractor, any sum required or estimated to be required
for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the contract for the benefit of the workers, non-payment of wages or of deductions made from his or their wages, which are not justified by their terms of the contract or non-observance of the regulations. Money so deducted should be transferred to the workers concerned.
(e) Vis-a-vis, the Government of Orissa, the contractor shall be primarily liable for all payments to be made under and for the observance of the regulations aforesaid without
prejudice to his right to claim indemnity from his sub-contractor.
(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be breach of this contract.
Orissa P.W.D. Electricity Department Contractor's Labour Regulations. 1. Short Title : These regulations may be called ‘‘The Orissa Public Works Department / Electricity Department Contractor's Regulations’’.
CONTRACTOR 41 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
2. Definitions : In these Regulations, unless otherwise expressed or indicated the following words and expressions shall have the meaning hereby assigned to them respectively, that is to say - (i) ‘‘Labour’’ means works employed by a contractor of the Orissa Public Works Department/Electricity Department directly / indirectly through a sub-contractor or other person, or by an agent on his behalf. (ii) ‘‘Fair Wages’’ means wages whether for time or piece work described by the State Public Works Department / Electricity Department for the area in which the work is done. (iii) ‘‘Contractor’’ shall include every person whether a sub-contractor or headman or agent employing labour on the work taken on contract. (iv) ‘‘Wages’’ shall have the same meaning as defined in the Payment of Wages Act and include time and piece rate Wages, if any. 3. Display of notice regarding wages, etc. - The Contractor shall -
(a) Before he commences his work on contract, display and correctly maintain and continue to display and correctly maintain, in a clean and legible condition, in conspicuous places on the work, notice in English and in the local Indian language spoken by the majority of the workers, giving the rate of wages prescribed by the State Public Works Department/Electricity Department for the district where the work is done. (b) Send a copy of such notices to the Engineer-in charge of the work. 4. Payment of wages : i) Wages due to every worker shall be paid to him direct. ii) All wages shall be paid in current coin or currency or in both. 5. Fixation of wage period : i) The contractor shall fix the wage period in respect of which the wages be payable. ii) No wage period shall exceed one month. iii) Wages of every workman employed on the contract shall be paid before the expiry of ten days, after the last day of the wage period in respect of which the wages are payable. iv) When the employment of any worker is terminated by or on behalf of the contractor, the wages earned by him shall be paid before the expiry of the day succeeding the one on which his employment is terminated. v) All payments of wages shall be made on a working day. 6. Wage book and wage cards, etc.:- i) The contractor shall maintain a wage book of each worker in such form as may be convenient, but the same shall include the following particulars :- a) Rate of daily or monthly wages.
CONTRACTOR 42 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION b) Nature of work on which employed. c) Total number of days work during each wage period.
d) Total amount payable for the work during each wage period. e) All deductions made from the wages with an indication in each case of the ground for which the deduction is made. f) Wages actually paid for each wage period.
ii) The contractor shall also maintain a wage card for each worker employed on the work.
iii) The Executive Engineer may grant an exemption from the maintenance of wage bond, wage cards to a contractor who, in his opinion may not directly or indirectly employ more than 100 persons on the work. 7. Fines and deduction which may be made from wages :-
1) The wages of a worker shall be paid to him without any deduction of any kind except the following:-
(a) Fines. (b) Deduction for absence from duty, i.e., from the place or places where by the terms of his employment he is required to work. The amount of deductions shall be in proportion to the period for which he was absent.
(c) Deductions for damage to or loss of good expressly entrusted to the employed person for custody or for loss of money for which he is required to account where such damage or loss is directly attributable to his neglect or default.
(d) Any other deductions which the Orissa Government may from time to time allow.
2) No fines shall be imposed on a worker and no deduction for damage or loss shall be made from his wages until the workers has been given an opportunity of showing cause
against such fines or deduction. 3) The total amount of fines which may be imposed in any one wage period on a work shall not exceed an amount equal to five paise in a rupee of the wages payable to him in respect of that wage period. 4) No fine imposed on any worker shall be recovered from him by installments, or after
the expiry of 60 days from the date on which it was imposed. 8. Register of fines, etc. -
1) The contractor shall maintain a register of fines and of all deductions for damage or loss such register shall mention the reason for which fine was imposed or deduction
for damage or loss was made.
2) The contractor shall maintain a list in English and in the local Indian language, clearly defining acts and commissions for which penalty or fine can be imposed. It shall display such list and maintain it in a clean and legible condition in conspicuous places on the work.
CONTRACTOR 43 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION 9. Preservation of register :- The wages register, the wage cards and the register offices, deduction required to be maintained under these regulations shall be preserved for 12 months after date of the last entry made in them.
10. Power of Labour Welfare Officer to make investigation or enquiry :- The Labour Welfare Officer or any other persons authorized by the Government of
Orissa on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper observance of the fair wage clauses and the provisions of these
regulations. He shall investigate into any complaint regarding default by the contractor, sub-contractor in regard to such provisions.
11. Report of Labour Welfare Officers :- The Labour Welfare Officers or other authorised as aforesaid shall submit a report of
the results of his investigation or inquiry to the Executive Engineer concerned, indicating the extent, if any, to which the default has been committed with a note that necessary deduction from the contractor's bill be made and the wages and other dues be paid to the
labourers concerned. 12. Appeal against the decision of Labour Welfare Officers :- Any persons aggrieved by the decision and recommendation of the Labour Welfare Officer or other person so authorised may appeal against such decision to the Labour
Commissioner within 30 days from the date of decision forwarding simultaneously a copy of his appeal to the Executive Engineer concerned but subject to such appeal, the decision of the officer shall be final and binding upon the contractor. 13. Inspection of registers :-
The contractor shall allow inspection of the wage book and wage cards to any of his workers or to his agent at a convenient time and place after due notice is received, or to the Labour Commissioner or any other person authorised by the Government of Orissa on his behalf.
14. Submission of return :- The contractor shall submit periodical returns as may be specified from time to time. 15. Amendments :- The Government of Orissa may from time to time, add to or amend these regulations
and on any question as to the application, interpretation of effect of these regulations, the decision of the Labour Commissioner or any other person authorised by the Government of Orissa in that behalf shall be final. Clause - 34 : The terms and conditions of the agreement have been read / explained
to me and certify that clearly understand them. Clause - 35 : The terms and conditions of the agreements have been read / explain to me and ...... certify ...... clearly understand them.
CONTRACTOR 44 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
DRAWINGS
THE DETAILED DRAWINGS ARE AVAILABLE WITH DIVISION OFFICE WHICH CAN BE SEEN IF DESIRED DURING OFFICE HOUR OF PERIOD OF SALE.
CONTRACTOR 45 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
CONTRACTOR CONTRACTOR EXECUTIVE ENGINEER 47 46 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION JARAKA IRRIGATION DIVISION, JARAKA
ANNEXURE - 'A'
Certificate of No. relationship as per clause 62 of DTCN.
I/we hereby certify that I/We /am are not related to any officer of P.W.D. of the
rank of Asst. Engineer and above and any officer of the rank of Asst. Secretary and above in
the W/R Deptt. I/We am/are aware that it facts subsequently proved to be false my/our
contract will be rescinded with for feiture of EMD & security deposit and I /We shall be liable
to make good the loss or damage resulting from such cancellation.
I / We also note that, non-submission of this certificate may render my / our tender
liable for rejection.
Signature of Contractor
Address ______
______
Executive Engineer, 44 CONTRACTORCONTRACTOR 61 47 EXECUTIVE JarakaENGINEER IrrigationEXECUTIVE Division ENGINEER JARAKA IRRIGATION JARAKA IRRIGATION DIVISION DIVISION, ANNEXURE - 'B'
Undertaking to pay minimum wages to the labourers
Appended to Agt. No...... ……………………...... of 20..….....
...... …….…......
...... …………......
......
I undertake to pay minimum wages per day as admissible to the labourers engaged by me. In case the Executive Engineer is satisfied that the minimum wages as aforesaid have not been paid, the differential amount, of which the decision of the Executive Engineer shall be final, shall become deductable from the bill (s) that has / have become due or may become due to me, for payment to the labourers who were under paid, in such manner as the Executive Engineer may deem proper. The disbursement of minimum wages to the labourers means and included the payment in Cash / Food grain or both on proper acknowledgement in the muster Roll maintained by me. I further undertake to be accountable to the Deptt. in accordance with text of clause (78) of DTCN.
Place : Jaraka
Date : Signature of the Contractor
Counter Signed
EXECUTIVE ENGINEER Jaraka Irrigation Division Jaraka
CONTRACTOR 48 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION, CONTRACTOR 62 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION
BILL OF QUANTITIES
CONTRACTOR 49 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION, CONTRACTOR 63 EXECUTIVE ENGINEER JARAKA IRRIGATION DIVISION BILL OF QUANTITY (SL. NO. 01/ 06 / 2014-15)
Name of work : Scoured Bank protection to Brahmani left near Kandia Harijan Sahi
Date of calling tender : 26.03.2015 Amount put to tender : Rs.9,90,957.00 Period of Sale of Tender Paper : 04.04.15 TO 16.04.15 UPTO 12.00 Noon E.M. to be deposited : Rs.10,000.00 Date of Receipt of Tender : 04.04.15 TO 16.04.15 UPTO 1.00 P.M. Cost of Tender Paper : Rs. 4200.00 (including 5% VAT) Date of Opening of Tender : 17.04.15 at 10.00 AM Time for completion : 45 (Forty five) days Class of Contractor : “D & C” Sl Description of Item Qnty Unit Rate Amount in Rs. No. 1 2 3 4 5 6 1 Earth work in all kinds of soil either cutting or filling in river slope with all leads, lifts & delifts 171.00 Per Cum 56.60 9678.60 including rough dressing and breaking clods to maximum 5 cm size and laying in layer not exceeding 0.30 m depth etc. complete as per specification and direction of the Engineer-In- Charge. 2 Dumping the hard granite stone boulders of 30 cm & above size in rip rap of earth dam or dyke 600.00 Per Cum 1245.10 747060.00 including surface packing & fixing wave breakers etc. complete including cost of all labour, hire charges of T&P materials required for work with cost,carraige & royalty of all materials as per direction of the Engineer in Charge. 3 Rough stone dry packing in approns and revetments with hard granite stone boulders of 15 cm to 171.00 Per 1369.70 234218.70 30 cm size other than laterite and sand stone of approved quality and quarried from approved Cum quarry and filling the interstices with small stones including cost, conveyance, royalty etc. complete as per specification and direction of the Engineer-in-charge. (Three Items) Only Total 990957.30 (Rupees nine lakhs ninety thousand nine hundred fifty seven) only Say 990957.00
CONTRACTOR 50 EXECUTIVE ENGINEER, JARAKA IRRIGATION DIVISION, JARAKA CONTRACTOR EXECUTIVE ENGINEER64 JARAKA IRRIGATION DIVISION
My / Our quoted rate is ………….……………………………………………………………%(Both in figures & words) excess over the amount put to tender.
My / Our quoted rate is ………….……………………………………………………………%(Both in figures & words) Less than the amount put to tender.
My / Our quoted rate is ………….……………………………………………………………at par with the amount put to tender.
Signature of Contractor. Note :- a. The contractor should not write anything except quoting of percentage and in case anything else regarding tender rate is mentioned, the tender is liable for rejection. b. Please tick the appropriate box.
MATERIALS TO BE COLLECTED FOR USE IN THE WORK
Sl.No. Name of item Name of quarry 1 Sand 2 Moorum 3 Hard granite stone(Metal & Chips) 4 Hard stone
SIGNATURE OF CONTRACTOR
CONTRACTOR 51 EXECUTIVE ENGINEER, CONTRACTOR EXECUTIVE ENGINEER 65 JARAKA IRRIGATION DIVISION, JARAKA JARAKA IRRIGATION DIVISION