Tender Notice –01/EE/2019-2020
Date of Opening: 07-11-2019
Name Of Work- Repairing Metalled Service road from Km. 16.620 to 17.000 of Agra Canal. Lot No. 2
Head Works Division Agra Canal Okhla New Delhi-110025
I N D E X Agreement No...... Date...... Name of work ...... Name of contractor : ...... Sl. No. Contents Page No. From To 1 Engineer-in-charge and D.A.'S certificates 01 02 2. Contractors Warrany 03 03 3. Security Deposit 04 05
4. General Condition/Specification & Contract Bond 06 07 5. Tender Notice and Agreement 08 14 6. I.D. Form -112 15 18 7. Bill of Quantities schedule 'A' 19 19 8. Declaration 20 20 9. Special conditions of contract 21 21 10 General conditions of contract I.D. Form 111 22 33 11. General Definiation of terms used in Contract 34 35 12. General Specifications 36 46 13. Technical Specifications 47 57 14. Self Decleartion 58 59 15. Schedules B(details of materials to be supplied by department) 60 60 16. Schedules C (details of consumptions of materials) 61 61 17. Schedule D(list of equipments & hire charges supplied by 62 62 department) 18 Schedule E (showing relation employed in irrigation department) 63 63 19 Contractors Address Slip 64 64
1
CERTIFICATE OF ENGINEER-IN-CHARGE OF WORK
Certified that I have checked the contract documents, schedule of Quantities, Schedule A, B, C, D and E attached as per details given by the undersigned and are found in order.
ENGINEER-IN-CHARGE OF WORK (Assistant Enginner) ------
2
CERTIFICATE OF DIVISIONAL ACCOUNTANT
The contract documents of this agreement No...... containing pages from 1 to ...... have been examined by me in respect of financial aspects and hereby certify that there is no financial irregularity.
Divisional Accountant
3 CONTRACTOR’S WARRANTY
The Suprintending Engineer, 3rd Circle, Irrigation Works, Agra having invited tenders for the execution of the various work required for comprises construction of …………………………………………………………………………………………………….. and M/s.…………… …………………………… …..………………...... herein after referd to as “The Contractor” being desirous of tendering for works for which the above mentined tenders have been invited and having carefully studied all the contract documents,specification etc. accompany the tender papers and the location site.
DO HEARBY WARRANT THAT:-
1. The contractor is familiar the all the requirements of the tender. 2. The contractor has investigated the site and satisfied himself regarding the character of the work and local conditions that may affect the work and its performance. 3. The contractor is satisfied that the work can be performed and completed as required in the contract. 4. The contractor accepts all risks directly or indirectly connected with the performance of the contract. 5. The contractor has no collusion with other contractors with any of the man of the engineer-in- charge or with any other person in accordance with the terms and conditions laid down in the tender documents. 6. The contractor is financially solvent. 7. The contractor is experienced and competent to perform the contract to the satisfaction of the Engineer-In-charge. 8. The statements submitted by the tenderer are true. 9. The contractor is familiar with all general and special conditions, Acts and ordinances, rules and regulation of the Municipal, District, State and Central Government and for forest department of U.P. which may affect the work, its performance of the personnel employed therein.
Signature of tenderer/contractor
4 SECURITY DEPOSIT BOND
TO BE EXECUTED ON STAMP PAPER (1) In consideration at the Governor of Uttar Prades (hereinafter called “the Government”) having agreed to exempt …………………………………….(hereinafter called the said “Contractor (s) from the demand under the terms and conditions of an agreement, dated ……………….. made between …………………………………… and ………………… for (hereinafter called the said agreement) of security deposit for the due fulfillment by the said Contractor (s) of the terms and conditions contained in the said agreement, on production of a bank guarantee for Rs …………………… (Rs……………………………………only) we ……………………………… (hereinafter referred to as the bank) at ……………………………………. ((Indicate the name of the bank) the request of ……………………………………….. contractor(s) do hereby under taken to pay the Government an amount not exceeding Rs ……………….. against any loss of damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said Contractor (s) of any of the terms or conditions contained in the said Agreement. (2) We……………………………………do hereby undertaken to pay the amount due and payable under this guarantee without any demur merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government of reason of breach by the said contractor (s) of any of the terms and condition contained in the said agreement by reason of the contractor’s failure to perform the said agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However our liability under this guarantee shall be restricted on an amount not exceeding Rs. ………………… (3) We undertake to pay the Government any money so demanded not with standing any dispute raised by the contractor in any suit or proceeding pending before any court or tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor shall have no claim against us for making such payment. 4. We ………………………………further agree that guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said agreement have been fully paid and its claims satisfied or discharge or till ……………………………….(Office/Department)…………………………. ……… Certified that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor and accordingly discharges this guarantee. Unless a demand or claims under this guarantee is made on us in writing on or before the …………………… we shall be discharge from all liability under this guarantee thereafter. 5. We……………………………………… (indicate the name of the bank) further agree with the Government that the Government shall have the fullest liberty without our consent and without affecting in any manure our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor (s) for the time to time or to postpone for any time or form time to time any of the power exceriable by the Government against the said contractor and to forbear or enforce any of the terms and conditions relating to the said agreement and will shall not be relieved from our liability by reason of may such variation or extension being granted to the said contractor (s) or for any forbearance, act or commission on the part of the Government on any indulgence by the Government to the said contractor (s) or by any such matter or things whatsoever which under the law relating to sureties would put for this provision, have effect so relieving us.
5 6. The guarantee will not be discharge due to the change in the constitution of the bank or the contractor (s). 7. We …………………………(indicate the name of bank) lastly undertaken not to revoke this guarantee during its currency except with the previous consent of the Government in writing. Dated……………………… day of ………… For ………………………….. (Indicate of the name of Bank)
6 General Condition/Specification:- 1. Tenderer are advised to inspect this side of work and be fully acquainted with the position of the material/conditions of contract etc. before tendering ignorance to the site shall not be the basis of any claim letter on. 2. While tendering, the tenders are advised to take in to account fluctuation in market rates, No. claim will be entertained on this account during currency of contract, including extended period if any. 3. All entries to be made by the tenderer should be in one ink and in one hand writings Erasing and overwriting are not desirable. However all corrections and overwriting should be attested by the tenderers under their signatures. 4. Rates should be written in figures as well as words in the tender in case of any variations between rates written in works and figures, lower of the, will be treated as valid rate. 5. Quantities of work are subject to wide variation without any notice to the contract or in the event of variation in quantity of work, the contractor shall not be entitled for any compensation, and the accepted tendered rate shall be applicable for the varied quantity also. However reasonable extension of time on this account may be considered if requested by the contractor. 6. Conditional, incomplete, unsigned or unwitnessed tenders are liable to be rejected. 7. In case of firm, tender must be signed by the each partner/member or by the person holding the power of attorney on behalf of all other partner/members of the firm. In latter case a copy of the power of attested by a Gazzatted Officer must be furnished with the tender. 8. Tenders rates will remain valid for a period of three month from the date of opening the tender. 9. Undertaking as given in Annexure-I shall be signed and pasted on Rs. 100.00 Court Stamp paper with 1.00 revenue stamp affixed there on and signed, in absence of which, the tender shall not be entertained. 10. Full security deposit (inclusive of earnest money) calculated on the basis of accepted tendered cost will have to be deposited by the contractor in form of NSC post office or F.D.R./T.D.R. from Nationanlized Banks or in other form as provided in the financial hand book volume VI pledged in favor of Executive Engineer Head Works Division Agra Canal Okhla New Delhi-25 with in seven days of receipt of acceptance letter for the registration of the agreement. 11. Income Tax as applicable shall be deducted from contractor’s bill. 12. Stamp duty as applicable to the contractor deed will be borne by the contractor and will have to be deposit before registration of the agreement. 13. The contractor must write his correct and complete address in the tender document and arrange to take delivery of all letters if any letter is received back undelivered, it will be deemed as delivered to contractor and he shall be bound towards the contents of such letter. 14. Department shall have the right to accept or reject any or all tenders or part the tender without assining any reason and no claim shall be entertained on this account
Sign. & address of contractor Assistant Engineer Executive Engineer
7 CONTRACT BOND THIS AGREEMENT made this...... day of...... year...... between the Governor of Uttar Pradesh (hereinafter called the Government) represented by the...... on the one part and Shri/M/s...... (hereinafter called the contractor) on the other part. WHEREAS the Governor of Uttar Pradesh is undertaking the work for…………………………………………………………...... At Executive Engineer, Head Works Division Agra Canal, Okhla (hereinafter called the work).
And WHEREAS the contractor has agreed to undertake the construction and execution of the said works as per conditions of contract, technical provision and drawings hereafter, NOW THEREFORE, it is agreed between the parties as follows:- ARTICLE-I SCOPE OF WORKS: The contractor shall perform faithfully everything required to be performed and shall furnish all the labour, materials, tools and equipment required to perform and complete in a workman like manner all the work covered by the contract documents in strict accordance with the drawings and conditions of contract, technical provisions including annexure and list of corrections and amendments to drawings and conditions of contract and technical provisions, which are part of this contract and in strict compliance with the contract documents, shall do everything required by this contract and the other documents constructing a part thereof. ARTICLE-II PAYMENTS: The Government have funds in Indian currency for the execution of the works and will pay the contractor in Indian currency for he satisfactory performance of this contract and in accordance with the provisions embodied in the documents made a part of this contract. In case of Non availibility of fund or delayed payment no Claim shall be intertained. ARTICLE-III TIME OF COMPLETION: The work to be performed under this contract shall be commended by the contractor within ...... days of the date of receipt of notice to start the works and shall be diligently executed and completed ready for handing over to the Engineer-in-charge before due date of completion. ARTICLE-IV COMPONENT PARTS OF THE CONTRACT This contract consists of the following 5 component parts all of which are as fully a part of this contract as if here in setout verbatim or if not attached as if here to be attached. Part-I (i) Contractors warranty. (ii) Schedule of quantities and bids. Part-II Conditions of Contract. Part-III Technical provisions & speicifications. Part-IV Drawings Part-V Additional papers as per Index. Witness: Signed by Contractor 1...... 2...... Witness: Signed by ...... 1...... Signed by ...... For & On behalf of the Governor of Uttar Pradesh. 2......
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gksaxsaA 9- vuqcU/k ds le; fu;ekuqlkj LVkEi M~;wVh tek djuh gksxhA 10- fufonRr ykxr dh 10 izfr”kr tekur /kujkf”k ,u0,l0lh0@jk’Vªh;d`r cSad dh ,Q0Mh0vkj0@ Vh0Mh0vkj0 vFkok fu;ekuqlkj vuqeU; vU; izfrHkwfr ds :Ik esa] tks vf/k”kklh vfHk;Urk] gSM oDlZ [k.M] vkxjk ugj] vks[kyk] ubZ fnYyh&25 ds i{k esa cU/kd gks] tek djuk vfuok;Z gksxkA 11- “kklukns”k la[;k 52@1439@17&27&fla&3&07fofo/k@17] fnukad 09-10-2017 rFkk “kklukns”k la[;k 3070@78&2&2018&42vkbZ0Vh0@2017¼22½ fnukad 03-01-2018 ds Øe esa bZ&Vs.Mfjax ds le; fufonknkrk dks fu/kkZfjr izi=ksa ds vfrfjDr ewy vfHkys[kksa dh LdSu dkWih ¼Nk;kizfr dh LdSu dkWih ugha½ o fufonk “kqYd rFkk /kjksgj /kujkf”k ¼bZ0,e0Mh0½ lEcU/kh fMek.M MªkW¶V~l@is vkMZj dh LdSu izfr vFkok izfrHkwfr izek.k i= foHkkx ds i{k esa cU/kd djkus ij izkIr VªkUtSD”ku uEcj dks fufonk ds le; viyksM djuk gksxk rFkk fufonk izfØ;k iw.kZ gks tkus] vFkkZr fufonk dh rduhdh ,oa foRrh; fcM~l [kksys tkus ds mijkUr lQy fufonknkrk dks ewy vfHkys[k O;fDrxr :Ik ls dk;kZy; esa izLrqr djus gksaxsaA fufonk dh rduhdh ,oa foRrh; fcM~l [kksys tkus ds mijkUr fufonknkrk }kjk ewy vfHkys[k ,oa fufonk “kqYd rFkk /kjksgj /kujkf”k ¼bZ0,e0Mh0½ lEcU/kh fMek.M Mªk¶V~l@is&vkMZj@izfrHkwfr izek.k i= ewy:Ik esa izLrqr ugha fd;s tkus ij fufonknkrk ds fo:) dkuwuh dk;Zokgh ds lkFk&lkFk iath;u fujLr dj dkyh lwph esa Mkyus dh dk;Zokgh dh tk;sxhA vuqcU/k xfBr djrs le; ;fn Bsdsnkj }kjk /kjksgj /kujkf”k ,oa vucSysUl fcM flD;ksfjVh ds :Ik esa cSad xkjUVh nh tkrh gS vkSj dk;Z fu/kkZfjr le; ls iw.kZ u dj ikus dh n”kk esa le;o`f) ysrk gS rks vucSysUl fcM flD;ksfjVh dh cSad xkjUVh dh vof/k Hkh le;o`f) ds vuqlkj vfUre chtd ds Hkqxrku rd Lo;a lacaf/kr cSad ls c 11 15- fufonknkrk }kjk fufonk Mkyus dh izfØ;k dh iw.kZ tkudkjh u gksus vFkok vU; dkj.k ls “krksZ dks iw.kZ u dj ikus@ckf/kr gks tkus ds dkj.k fufonk u iMus ij foHkkx dk dksbZ mRrjnkf;Ro ugha gksxkA 16- izkIr lHkh fufonk izi=ksa dk igys ;g ijh{k.k fd;k tk;sxk fd fufonknkrk ls okafNr leLr vko”;d izi=@vfHkys[k Bhd gSa vFkok ughaA blesa fdlh izdkj dh deh ;k vlUrks’ktud ik;s tkus dh fLFkfr esa fufonknkrk }kjk nh xbZ fufonk dks Unresponsive ekuk tk;sxkA 17- fufonk [kksys tkus ds le; dsoy oxhZd`r Js.kh esa iathd`r fufonknkrk vFkok muds vf/kd`r izfrfuf/k dks gh dk;kZy; ifjlj esa izos”k dk vf/kdkj gksxkA 18- Technical evaluation will be done by tender committee, comparative chart would be prepared and award of contract will be availale as per financial sanction for the work . 19- Technical evaluation ds mijkUr lQy ,oa vlQy fufonknkrkvksa dh lwph osclkbV ij viyksM djus ds mijkUr ¼ftldh frfFk@le; bZ VsUMj osclkbV ij miyC/k gksxh½ rhu fnol ckn QkbusfU”k;y fcM [kksyh tk;sxhA ;fn fdlh fufonknkrk dks viuh fufonk ds laca/k esa dksbZ vkifRr gksrh gS rks og rduhdh fcM@lwph viyksM djus ds rhu fnol ds vUnj viuh fufonk ds ckjs esa vkifRr izdV dj ldrs gSA fu/kkZfjr vof/k ds mijkUr izkIr vkifRr;ksa ij dksbZ fopkj ugha fd;k tk;sxkA 20- fufonknkrk }kjk de njsa Mkys tkus dh fLFkfr esa “kklukns”k la[;k% 622@23&12&2012&2 vkWfMV@08 Vh0lh0&2] fn0 08-06-12 ds vuqlkj vfrfjDr /kjksgj /kujkf”k tek djus ds mijkUr gh vuqcU/k xfBr fd;k tk;sxkA fufonknkrk }kjk mDr /kujkf”k tek u fd;s tkus ij mldh /kjksgj /kujkf”k Hkh tCr dj yh tk;sxhA 21- osclkbV ij Mªkbax miyC/k u gks ldus dh fLFkfr esa lEcfU/kr [k.M ds vf/k”kklh vfHk;Urk ds dk;kZy; ls Mªkbax vkfn ns[kh tk ldrh gSA 22- fufonknkrk dks ;w0ih0 bysDVªkfuDl dkikZsjs”ku fyfefVM y[kuÅ esa bZ&Vs.Mfjax oS| :Ik ls iathd`r gksuk pkfg, ftls fufonk ds le; viyksM djuk vfuok;Z gksxk vU;Fkk fufonk fujLr dh tk ldrh gSA 23- dk;Z LFky dh vko”;drkuqlkj dk;Z dh ek=k fdlh Hkh ek=k rd ?kVkbZ vFkok c 12 33- jkT; ckj dkSafly esa iathd`r dksbZ Hkh vf/koDrk fufonk izfØ;k esa Hkkx ugha ys ldsaxsaA 34- vifjgk;Z ifjfLFkfr;ksa esa fufonk [kksyus dh frfFk ;k le; esa ;fn dksbZ ifjorZru gksrk gS rks mldh lwpuk mDr osclkbV ij miyC/k gksxhA 35- “kklukns”k la[;k 2136¼1½@15&17&fla&9 fnukad 17-08-2015 ds vuqlkj Bsdsnkj dks vuqcU/k XkBu ls iwoZ bl vk”k; dk ?kks’k.kk i= nsuk gksxk fd muds }kjk vuqcU/k dks lcysV ugha fd;k tk;sxk] vU;Fkk dh fLFkfr esa vuqcU/k fujLr dj /kjksgj /kujkf”k tCr dj yh tk;sxh rFkk Bsdsnkj dk dksbZ Dyse ekU; ugha gksxkA 36- fufonknkrk] ftudk lEcU/kh vFkok mudh iRuh dk dksbZ fudV lEcU/kh ¼izFke jDr lEcU/kh vFkok mudh iRuh [k.Mh; ys[kkf/kdkjh ds :Ik esa dk;Zjr gks vFkok v/kh{k.k vfHk;Urk Lrj ls voj vfHk;Urk Lrj rd] nksuksa dks lfEefyr djrs gq,½ dk;Znk;h [[email protected] esa dk;Zjr gksxk] og fufonk Mkyus ds fy;s ;ksX; ugha gksxkA fufonknkrk }kjk bl vk”k; dk “kiFk i= Hkh fn;k tk;sxk] ftlesa muds mu lEcfU/k;ksa ds uke rFkk inuke dk mYys[k gksxk] tks fd dk;Znk;h [k.M ,oa mlls lEcfU/kr e.My esa dk;Zjr gksaA 37- bZ&fufonk dh foLr`r “krsZ fufonk izi= ds lkFk miyC/k gksxh ,oa “kklu ds fu;ekuqlkj ykxw gksxhA 38- viyksM fd;s x;s lHkh ewy vfHkys[kksa dh LdSu dkih Li’V o iBuh; gksuh pkfg,] D;ksafd vfHkys[kksa dh tkWap gsrq MkmuyksM@fizUV dh tkuh gSA MkmuyksfMM vfHkys[kksa ds fizUV iBuh; u gksus ij fufonknkrk dh VsfDudy fcM fMLkDokfyQkbM dj nh tk;sxhA 39- fuekZ.k dk;ksZ esa iz;qDr gksus okyh lHkh fuekZ.k lkexzh dk ek=k dk ,e0,e0&11 QkeZ chtd Hkqxrku ds le; izLrqr djuk vfuok;Z gksxk] ,e0,e0&11 QkeZ miyC/k u djk;s tkus dh n”kk esa jk;YVh ,oa [kfut ewY; dh dVkSrh fu;ekuqlkj chtd ls dj yh tk;sxhA 40- vuqcU/k xfBr gksus ds Ik”pkr~ Hkh ;fn ;g rF; fdlh Hkh ek/;e ;k dk;Zokgh ds nkSjku laKku esa vkrk gS fd fu;e o “krksZa dk fdlh Hkh Lrj ij mYya?ku fd;k x;k gS ;k dksbZ QthZ nLrkost@ izfrHkwfr /kujkf”k i= foHkkx dks vuqcU/k gsrq fn;k x;k gS rks ,sls vuqcU/k dks l{ke vf/kdkjh }kjk ldkj.k vkns”k iz[;kfIr ij fujLr fd;k tk;sxk ,oa Bsdsnkj }kjk djk;s x;s dk;Z dks Jenku ?kksf’kr dj Bsdsnkj ds fo:) fof/kd dk;Zokgh dh tk;sxh A 41- ;fn Bsdsnkj }kjk fdlh Hkh izdkj dk;Z izkIr djus ds fy;s dk;Z dh vuqekfur ykxr ls vR;Ur de njsa ns nh tkrh gSa] rks ,slh fLFkfr esa l{ke vf/kdkjh dks ;g vk”kadk gks fd Bsdsnkj }kjk lkfHkizk; de njsa nh tk jgh gSa vkSj bl izdkj xq.koRrk ds lkFk ekudksa ds vuq:Ik dk;Z iw.kZ fd;k tkuk lEHko ugha gks ik;sxk rks l{ke vf/kdkjh dks ;g vf/kdkj gksxk fd og fufonknkrk ls de njsa nsus dk foLr`r fooj.k ekaxsaA ,sls ekaxs x;s nj fo”ys’k.k dks nks fnol ds vUnj nsuk gksxkA ;fn vk”kadk dh iqf’V gks tkrh gS fd fufonknkrk }kjk lkfHkizk; ,slk fd;k tk jgk gS rks xq.k&nks’k ¼ Merit ½ ds vk/kkj ij l{ke vf/kdkjh }kjk ldkj.k vkns”k iz[;kfIr dj fufonk fujLr dj /kjksgj /kujkf”k tCr dh tk ldrh gSA 42- vuqcfU/kr dk;Z ds lkis{k /ku miyC/krk dh lhek rd gh dk;Z djk;s tkus dk izfrcU/k Hkh yxk;k tk ldrk gSA foyEc ls /ku miyC/k@izkIr u gksus dh fLFkfr esa QeZ@,tsUlh dk dksbZ nkok ekU; ugha gksxkA 43- dksbZ jktif=r vfHk;Urk ,oa vFkok jktif=r vf/kdkjh] tks fd jkT; ljdkj ,oa dsUnz ljdkj ds iz”kkldh; foHkkx esa dk;Zjr gks] lsok fuo`fRr ds mijkUr nks o’kZ rd fcuk ljdkj dh vuqefr ds Bsdsnkjh ds dke ds fy;s izfrcfU/kr gksaxsaA ,slh fLFkfr esa ;fn ;g ik;k tkrk gS fd Bsdsnkj vFkok mlds izfrfuf/k@ deZpkjh us fufonk Mkyus ls igys jkT; ljdkj ls vuqefr ugha yh gS rks mldk Bsdk fujLr fd;k tk ldrk gSA fufonknkrk }kjk bl vk”k; dk “kiFki= fufonk ds lkFk layXu djuk vfuok;Z gSA 44- dk;ZLFky ds fudV vofLFkr flapkbZ ,oa ty lalk/ku foHkkx] yksd fuekZ.k foHkkx rFkk vU; foHkkxksa dh lajpukvksa dh lqj{kk dk iw.kZ nkf;Ro Bsdsnkj dk gksxkA lHkh lajpukvksa dh lqj{kk gsrq 13 45- Engineer-in-charge ds funsZ”k ekuus ds fy;s Bsdsnkj ck/; gksxk] vU;Fkk dh fLFkfr esa {kfriwfrZ dk iw.kZ mRrjnkf;Ro Bsdsnkj dk gksxkA 46- fcM MkD;wesaV~l ds lkFk layXu gksus okys izi=ksa@fjdkWM~l dks viyksM djus ds lkFk gh budk fooj.k fu/kkZfjr pSd fyLV ds lkFk Hkjuk vfuok;Z gSA ;fn fufonknkrk }kjk pSd fyLV esa iw.kZ fooj.k ugha Hkjk tkrk gS vkSj bl dkj.k ls mldh fufonk vlQy gks tkrh gS ;k dksbZ vU; foijhr fLFkfr mRiUu gksrh gS rks blds fy;s fufonknkrk Lo;a mRrjnk;h gksxkA bl lEcU/k esa dksbZ okn ekU; ugha gksxkA fufonk ls lEcfU/kr egRoiw.kZ frfFk;k¡ Sr. Particulars Date Time No. 1 Notification 19.09.2019 2 Uploading/Downloading Start 31.10.2019 11.00AM 3 Uploading/Downloading End 06-11.2019 4.00PM 4 Technical Bid Opening 07-11-2019 11.00AM 5 Financial Bid Opening Date and Place to be decided after technical bid evalution and will be communicated on-line to successful bidders in technical bid. vf/k’kklh vfHk;Urk gSM oDlZ [k.M vkxjk ugj vks[kyk ubZ fnYyh&25 14 vuqcU/k fdlds }kjk Vs.Mj vkeaf=r fd;k x;k------fdl dk;Z ds fy,------Vs.Mj uksfVl la[;k ,oa fnukad------Vs.Mjnkrk dk uke------mÙkj izns'k ds jkT;iky egksn; }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esa ik= O;fDRk eku fy, tkus ds QyLo:i Vs.Mjnkrk ,rn~ }kjk bu 'krksZa ij viuh lgefr nsrk gS fd og mijksDr Vs.Mj vkeaf=r fd;s tkus ds izR;qÙkj esa Hkstk x;k viuk izLrko Vs.Mj [kksys tkus ds fnukad ls 3 ekg ds Hkhrj okil ugha ysxkA lkFk gh bl 'krZ ij Hkh viuh lgefr nsrk gS fd ;fn Vs.Mj izLrqr djus ds ckn Vs.Mjnkrk mDRk vof/k ds Hkhrj viuk izLrko okil ys ysrk gS rks mlds }kjk tek dh xbZ c;kus dh /kujkf'k mÙkj izns'k 'kklu }kjk foosdkuqlkj tCr dh tk ldrh gSA Vs.Mjnkrk ,rn~ }kjk bl ckr ds fy, lger gS fd ;fn viuk Vs.Mj izLrqr djus ds ckn og Vs.Mj esa dksbZ la'kks/ku] ifjorZu vFkok vad 'kks/ku djs] tks foHkkx dks Lohdkj u gks] iwokZfUNr 'krkZas ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ys fy;k gSA vkt fnukad------dks gLrk{kj fd;k x;kA gLrk{kj lk{kh&iw.kZ irk gLrk{kj Vs.Mjnkrk 1- irk 2- vf/k'kklh vfHk;Urk 15 I.D. Form No. 112 PUBLIC WORKS DEPARTMENT UTTAR PRADESH ...... Division...... Sub- Division ITEM OF PERCENTAGE RATE TENDER OF CONTRACTS Name of work...... Name of contractor...... GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS 1. All works proposed for examination by contract will be notified in a form of invitation to tender on a board hung up in office of, and signed by the Superintending Engineer. This form will state the work to be carried out, as well as the date for submitting and opening tenders and the time allowed for carrying out the work, also the amount fo earnest money to be deposited with the tender, and the amount of the security deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from bills. This set of contract documents consisting of copies of drawing and details of the proposed work specification, schedule of quantities of various items of work and a form of the printed conditions of contract together with the form of tender to be used signed for the purpose of identification by the Superintending/Executive Engineer and approved by the authority competent to make the contract shall be available for the public inspection at the office of the Superintending/ Executive Engineer during the office hours. 2. In the event of he tender being submitted by a firm it must be signed separated by each member thereof, or in the even of the absence of any partner it, must be signed on his behalf by a person holding a power of attorney authorizing him to do so. 3. Receipt for payment made on account of work when executed by a firm must also be signed by the several partners, except where the contractors are describe in their tender as a firm which case the receipt 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. Any contractor who submits a tender shall fill up the prescribed form of tender striking out the alternative offer on page 3 of the form not applicable to the case. Tenderers who propose any alteration in the work specified in the form of notice inviting tender or in the time allowed for carrying out the work or which contain any other conditions of any short, or are not filled up in English or not accompanied by the deposit of earnest money notified, will be liable to rejection. Tenders shall have the name of the work to which they refer written outside the envelope. 5. (i) The authorised committee will open tender in the presence of any intending contractors who may be present at the time and will enter the amounts of several tenders in a comparative statement in suitable form. In the event of tender being accepted, a receipt for the earnest money forwarded herewith shall thereupon be given to the contractor, who shall thereupon for the purpose of identification, sign copies of the specification and other documents mentioned in Rule I. In the event of a tender being rejected the earnest money forwarded with such unaccepted tender shall thereupon be returned to the contractor making the same. (ii) When tenders are received by the Superintending Engineer he will upon and deal with them in the manner specified above, and will submit them to the Chief Engineer for orders. The earnest money if in currency notes shall be credited in the cash book and paid into the Treasury, a receipt in Account form No. 3 being given to 16 the party tendering. If earnest money is preferred in any of the securities in Rule 9 it shall be entered in the register of securities. Account Forms 85 and 86. Earnest money received in currency notes shall be returned to unsuccessful tenders as soon as their tenders are rejected after the usual receipt being taken. 6. The accepting authority shall have the right of rejecting all or any of the tenders. 7. The receipt of an accountant or a clerk for the earnest money paid by the contractor will not be considered as any acknowledgement of payment to the Superintending/Executive Engineer and the contractor shall be responsible for seeing that he procures a receipt signed by the Superintending/Executive Engineer. 8. The memorandum of work tendered for shall be filled in and completed in the Office of the Superintending/Executive Engineer before the tender form is issued. 9. The amount of the earnest money should ordinarily be - (a) When the amount of the tender does not exceed Rs. 2,000 50.00 (b) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100.00 (c) When exceeding Rs. 5,000 and not exceeding Rs.10,000 200.00 (d) For each additional Rs. 5,000 or portion of a further sum of Rs. 5,000 100.00 Such earnest money shall be deposited by the contractor in Government treasury or sub treasury as laid down in paragraphs 340 (b) (1), 344 and 345 (b) of the Financial Hand Book Volume V. Part I, Account Rules and the receipted treasury challan attached to the tender. Note - The Officer calling for tender may, in special cases where it would be inconvenient for tenderers to deposit money into Government treasury, relax the rule and permit contractors to deposit earnest money with him in cash or currency notes upto a limit of Rs. 100 instead of into a treasury. Such deposit should be treated as "Public Work Department Deposit". "I" OR "We" Hereby tender TENDER FOR WORKS for the execution for the Governor of Uttar Pradesh of the works specified in the underwritten memorandum within the time specified in each memorandum at the rate specified therein, and in accordance in all respects with the specification, designs, drawings and instructions in writing referred to in rule 1 there of and in clause 2 of the conditions of contract and with such materials as are provided for by and in all other respects in accordance with such conditions so far as applicable. MEMORANDUM (a) If several sub-work are included (a) General description they should be detailed in a (b) Estimated cost Rs. separate list. (c) Earnest Money Rs. (b) Vide rule 9 on Page 2 (d) Time allowed for the work from date of written order to commence...... months. 17 Strike out Item Item of Approxi Uni Pe Rate (e) the alter- No. work mate t r TENDERED native number (e) SANCTIONED and attach of (f) in (f) in signature quantity figure words to it Rs Rs. N.B.(When tenders are to be submitted at a percentage above or below the rate in the As per bill of quantity attached sanctioned estimate the information in all the column should be filled by the Superintending /Executive Engineer. 2. In the case of works when contractors are required to quote their own rates for the different items of works the column (f) should be left blank for the tenderers to fill in. I or we tender at ...... percent above/below the rates entered above. Or 18 I or we tender at the above rates. Should this tender be accepted I or we hereby agree to abide by and fulfill all the terms and provisions of the conditions of contract annexed to the approved set of contract documents, or in default thereof to forfeit and pay to Governor or Uttar Pradesh or his successors in- office the sums of money mentioned in the said conditions. The sum of Rs...... is herewith forwarded in currency notes as earnest money the full value of which shall be retained by the Government on account of the security deposit specified in Clause I of the said conditions of contracts. Dated the ...... day of ...... 19 ...... Signature of witness to contractor's Signature Witness ...... Signature of contractor's Address ...... before submission of tender Occupation ...... Here enter ...... "Recommended" ...... or "not - recommend" Date ...... Superintending Engineer...... Circle Signature ...... Date ...... Executive Engineer ...... Sub Division Signature ...... Date ...... Superintending/Chief Engineer…………………………………... The above tender is hereby-accepted by me on behalf of the Governor of Uttar Pradesh. Superintending/Chief Engineer Date the ...... day ...... of 19 SCHEDULE –A BILL OF QUANTITY 20 DECLARATION I/We ...... contractor hereby declare that no work shall be taken in hand by me/us of my/our authorised representative unless a proper agreement is drawn in my/our names by the Superintending Engineer 3rd Circle Irrigation Works, Agra. In case of default on my /our part I/We fully understand that my/our security deposit shall be forfeited to the Government and I/We shall have no ground to represent for the same. Signature of Executice Engineer Contractor's Signature withfull address Further I/We ...... hereby declare that no office bearer is/are related to me/us in - (a) Govt. of Uttar Pradesh (b) Irrigation Department, Uttar Pradesh. If so, his name, designation, address and relationship is given below : (1) ...... (2) ...... (3) ...... (4) ...... (5) ...... Signature of Executive Engineer Contractor's Signature with full address 21 fo'ks"k 'krsZ dk;Z dk uke % 1-0 bl vuqcU/k esa tgk¡ dgha fuEufyf[kr 'kCnksa dk iz;ksx gks] budk vFkZ fuEufyf[kr gSA 1-01 v/kh{k.k vfHk;Urk dk vFkZ gS v/kh{k.k vfHk;Urk] r`rh; e.My flapkbZ dk;Z] vkxjkA 1-02 vf/k”kklh vfHk;Urk dk vFkZ&vf/k”kklh vfHk;Urk] gSM oDlZ [k.M vkxjk ugj] vks[kykA 1-02 bathfu;j bapktZ dk vFkZ gS lgk;d vfHk;Urk&dk;Z] gSM oDlZ [k.M vkxjk ugj] vks[kykA 1-04 Bsdsnkj dk vFkZ gS og Bsdsnkj ftldh fufonk Lohdkj dj fy;k tk; o ftldss lkFk ;g vuqcU/k xfBr fd;k tk;A 2- ;fn dksbZ fufonk nsus okyk ftldh fufonk Lohdkj dj yh x;h gks vkns'k ikus ij 7 fnu ds vUnj ijQkesZUl lsD;ksjVh tek djds vuqcU/k ij gLrk{kj ugha djrk rks mlds }kjk tek dh x;h vfxze /kujkf'k tCr dj yh tk;sxh o dk;Z fdlh vU; dks fu;ekuqlkj ns fn;k tk;sxkA 3- fufonk nsus okys vius gLrk{kj ds uhps viuk iwjk uke o irk lkQ&lkQ fy[ksA mlh irs ij mlls vuqcU/k lEcU/kh i= O;ogkj fd;k tk;sxkA ;g eku fy;k tk;sxk fd foHkkx }kjk ml irs ij Hksts x;s lc i= Bsdsnkj dks fey x;sA ml irs ij Hksts x;s i=ksa dh izkfIr dk vpwd izcU/k djus dh ftEesnkjh Bsdsnkj ij gksxh A 4- fufonk ds lkFk uRFkh lHkh dkxtkr ij vafdr LFkkuksa ij Bsdsnkjksa dks vius fnukafdr gLrk{kj djds fufonk Mkyuk pkfg, A 5- ;g eku fy;k tk;sxk fd fufonk nsus okys us flapkbZ foHkkx ds LisflfQds'ku o fufonk ds lkFk&lkFk uRFkh] 'krksZ] /kkjkvksa o fu;eksa dks /;ku iwoZd le> fy;k gS o muds vuqlkj dk;Z djus ij lger gSA ;g eku fy;k tk;sxk fd mlus dk;Z LFky ns[k fy;k gS o mlls lEcfU/kr lc tkudkjh izkIr dj fy;k gSA lwpuk,a /;kuiwoZd i<+dj le> yh A 6- Bsdsnkj dk;ZLFky ds vkl&ikl cus fuekZ.k dk;Z esa ck/kk u iM+ jgh gks] dh lqj{kk dk ftEesnkj gksxkA ,sls dk;ksZ o isM+] ikS/kksa dk Bsdsnkj ;k mlds etnwjksa }kjk {kfr iwfrZ dh ftEesnkjh Bsdsnkj ij gksxh A 7- dk;ZLFky ij ;k feV~Vh dh [kqnkbZ eaas feys iqjkus flDds] ,sfrgkfld egRo dh oLrq,a bR;kfn] lc ljdkjh lEifRr gksxhA Bsdsnkj dk viuk dksbZ Dyse u gksxkA 8- csUp ekdZ o losZ ds nwljs fpUgksa ij lqjf{kr j[kus dh ftEesnkjh Bsdsnkj dh gksxh A ;fn Bsdsnkj ;k mlds etnwjksa dh vlko/kkuh ls csUp ekdZ o fpUg vius LFky ls gV x;s ;k muesa dksbZ ifjorZu gks x;k gks rks nqckjk Bhd djus dk [kpkZ Bsdsnkj dks lgu djuk gksxkA 9- fufonk esa nh x;h ek=k vuqekfur gSA foHkkx dh vko';drk iM+us ij mu ek=kvksa es deh&cslh dk vf/kdkj gksxkA Bsdsnkj dh c<+h gqbZ ek=k Hkh vius vuqcU/k esa fn;s x;s nj ij gh iwjh djuh gksxh vkSj deh&cslh ds fy, foHkkx dksbZ Dyse Lohdkj u djsxkA 10- v/kh{k.k vfHk;Urk dk;Z ds fy, viuk vf/kd`r izfrfuf/k fu;qDr djsaxs tks dk;Z ls lEcfU/kr vfHk;Urk gksxk vkSj Bsdsnkj dks lEcfU/kr vfHk;Urk }kjk fn;s x;s dk;Z lEcU/kh lHkh vkns'k ekU; gksaxsA 11- fufonk Lohd`r gksus dh lwpuk ikus ds 7 fnu ds Hkhrj] Bsdsnkj dks vius vf/kd`r izfrfuf/k;ksa ds uke] lEcfU/kr vfHk;Urk dks lwfpr djus gksaxsA ;g izfrfuf/k gj le; dk;ZLFky ij mifLFkr jgsaxs vkSj dk;Z lEcU/kh gj vkns'k dk ikyu djsaxsA mudks fn;s x;s ,sls lc vkns'kksa ds ikyu dh ftEesnkjh Bsdsnkj ij gksxhA ;g eku fy;k tk;sxk fd dk;Z lEcU/kh lc vkns'kksa tks izfrfuf/k;ksa dks le;≤ ij fn;k tk;sxk] fu;ekuqlkj Bsdsnkj dks fn;s x;sA 12- vuqcU/k gksus ds mijkUr Bsdsnkjksa dks foLrkjiwoZd dk;Z izksxzke ¼nSfud½ izsf"kr djuk gksxk] ftlds vuqlkj dk;Z izxfr o Hkqxrku lEHko gks ldsaxsA 13- ;fn Bsdsnkj etnwjksa dks dk;ZLFky ij gh j[krk gS rks mls vius [kpsZ ij etnwjksa ds jgus] ihus ds ikuh] 'kkSp] lQkbZ bR;kfn dk mfpr izcU/k djuk gksxk vkSj foHkkx ij bl lEcU/k esa Dyse ekU; u gksxkA 14- ;fn lEcfU/kr vfHk;Urk dk;Z LFky ij fdlh Hkh O;fDr dk jguk mfpr ugha le>rs gksa] mldk vkns'k ikus ij mls rqjUr dk;Z LFky ls gVk nsxkA 15- Bsdsnkj dk;Z djrs le; dk;Z esa yxs etnwjksa dks gj izdkj nq?kVZuk ds cpkus dk ;FkklEHko iz;Ru j[ksxk ,oa dsUnzh; o jkT; ljdkj }kjk le;≤ ij tkjh fd;s x;s lqj{kk lEcU/kh lykgksa] fu;eksa dk dM+kbZ ls ikyu djsxkA bl ij Hkh ;fn dk;Z djrs le; dk;ZLFky ij dksbZ nq?kVZuk gks tkrh gS rks mldk fu;ekuqlkj eqvkotk bR;kfn nsus dk mRrjnkf;Ro Bsdsnkj ij gksxkA bl lEcU/k esa foHkkx dksbZ Dyse Lohdkj u djsxkA 16- foHkkx dks ;g vf/kdkj gksxk fd Bsdsnkj dks fn;s x;s dk;ZLFky ds vklikl vU; dk;Z] foHkkxh; ek/;e ;k vU; Bsdsnkjkas }kjk djk;saA ,slk djus ij Bsdsnkj lg;ksx j[ksxk vkSj dksbZ ,slk dk;Z u djsxk fd ftlesa foHkkx ;k nwljs Bsdsnkj }kjk fd;s tk jgs dk;Z esa ck/kk iM+sA 17- ;fn fdlh ,sls dkj.k ls ftldk izkfo/kku vuqcU/k esa u gks] Bsdsnkj dks foHkkx ij Dyse djuk iM+s rks Dyse dk dkj.k mRiUu gksus ds 2 ?k.Vs ds vUnj lEcfU/kr vfHk;Urk dks fyf[kr :i esa izkIr gks tkuh pkfg,A ;fn Dyse dk dkj.k yEcs vjls rd cuk jgs rks Bsdsnkj viuk Dyse dh iwjh rQlhy ds lkFk jkstkuk lEcfU/kr vfHk;Urk dk fyf[kr lwpuk nsukA fu/kkZfjr le; esa Dyse nj dh lwpuk u nsus ij Dyse jn~n fd;k tk ldrk gSA 18- fdlh Hkh dkj.k etnwj ds [kkyh cSBus dk Dyse ugha ekuk tk;sxkA 19- vuqcU/k gksus ls igys ;k pkyw jgrs gq,] Bsdsnkj o foHkkx ds fdlh Hkh vf/kdkjh ls gqbZ tckuh ckrphr ;k vuqcU/k dk fdlh Hkh /kkjk ;k 'krZ ij dksbZ izHkko ugha iM+sxkA 20- vko';drk iM+us ij Bsdsnkj dks jkr esa Hkh dk;Z djuk gksxk ftlds fy, vyx ls dksbZ Dyse ekU; u gksxkA 21- dk;Z gksus ij Bsdsnkj dk;ZLFky dks fcYdqy lkQ lqFkjh gkyr esa NksM+sxk ftlds fy, dksbZ vyx ls Hkqxrku u gksxkA ,slk ugha djus ij foHkkx vU; ek/;e ls ;g dk;Z djk;sxk o mldk O;; Bsdsnkj dks lgu djuk gksxkA 22- bl lEcU/k ds vUrxZr gksus okyk dk;Z dsUnzh; o jkT; ljdkj }kjk tkjh fd;s x;s dkuwu ds vuqlkj o U;k;ky; bykgkckn ds v/khu gksxkA 23- bl vuqcU/k ls lEcfU/kr lHkh fooknksa ftudk QSlyk vkil esa cSBdj Bsdsnkj o vf/k'kklh vfHk;Urk@ lgk;d vfHk;Urk ds chp u gksus ik;s] dks fu.kkZ;kFkZ v/kh{k.k vfHk;Urk] r`rh; e.My flapkbZ dk;Z] vkxjk ds le{k izLrqr gksaxs vkSj mudk fu.kZ; vf/k'kklh vfHk;Urk@lgk;d vfHk;Urk o Bsdsnkj nksuksa ij ck/;dkjh gksxkA 24- 'kkldh; fu;ekuqlkj Bsdsnkj ds chtd esa ls fu/kkZfjr vk;dj] th0,l0Vh0] jk;YVh vkfn dh /kujkf'k dkVdj gh Hkqxrku fd;k tk;sxkA g0 Bsdsnkj g0 vf/k0 vfHk;Urk 22 I.D. FORM NO. 111 (Revised) CONDITION OF CONTRACT (Amended vide G.O.No. 5479/la-[k/81-23(c-38)M/79 Date Nov. 1981) Clause 1. -The person or persons whose tender is accepted (hereinafter called the “Contractor”) shall within one week after his or their tender has been accepted deposit with the Government of Uttar Pradesh (hereinafter called the “Government”) either in cash or in securities as provided in paragraphs 614 and 615 of the Financial Hand book, Volume VI, such sum as will with the earnest money deposit with the tender amount to Rupees ------and where and security so deposited is not payable to bearer the contractor shall endorses or transfer it to the said Government in such a manner that the sum represented by in can be realized without the consent or assistance of the contractor. The contractor shall also permit Government at the time of making any payment to him for work done such deduction along with sum already deposited as earnest money to be adjusted in the last deductions will amount security deposit 10% of the total cost of agreement shall of deposited as security (including earnest money) at the time of agreement. If the security is furnished in the form of guarantee Bonds the contractor undertakes to renew or to furnish fresh guarantee to cover the period of time extension, if any and to failure on his parts to do so shall be considered as a breach of this contract and without prejudice to any other remedy provided in these conditions the Engineer- in charge shall have right to withheld payment and deduct the entire security amount form any money becoming payable to contractor. The amount of the security money shall if not with held on account of breach of contract be refunded after 6 month of the date of completion of work of after payment of final which ever is later subject to the condition that is case of building work of the first rains season comprising of months of June, August & September in not fully covered with in the period of 6 months mentioned above, the amount of security money if not with held on account breach of contract be refunded after the expiry of the first rainy season comprising of the months mentioned above or the payment of the final bill which ever is later. Provided that in case the payment of the final bill is not made within six months of the completion of the work 75% of the amount of security money can be refunded with the prior approval of the authority next higher to the person accepting the contract on behalf on the Government. All compensation on or other sums or money payable by the contractor to Government under the terms of his contract may be deducted from or realized by the sale of a sufficient part of his security deposit or from the interest arising there from or any sums which may be due to become due to contractor by Government or 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 ten days thereafter made good in cash or Government securities endorsed as aforesaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of Explanation: For the purpose of this Clause if the work under this contractor includes construction or repair of any structure having roof over it, the whole work will be called as building works. Clause – 2 (A)-Time is the essence of the contract. The contractor shall commence and shall complete the work covered by the tender, on date fixed by the ...... Engineer for the commencement and completion of such work and shall in the interval between those date keep the work up to the schedule of quantities and date shown in the progress statement to be signed by the contractor and attached to the tender. If the work falls in arrears of the Progress statement either in quantity or in time then, for every day that the work is so in arrears the contractor shall the liable to pay as compensation an amount equal to one percent or such smaller amount as the ...... Engineer whose decision in writing shall be finally may decide on the estimated cost of whole work provided always that the entire amount of compensation to be paid under the provisions of this Clause shall not exceed ten percent of the estimated cost of the work as shown into the tender. 23 [CLASUE 2 (B) to be used instead of 2(A) when the latter is from the nature of the works impracticable.] Clause 2 (B) - Time is the essence of the contract. The contractor shall commence and shall complete the work within the period specified in the tender, such period shall be reckoned from the date on which the order to commence work is given to the contractor. The contractor shall at all times during such period proceed with the work with due diligence and he shall pay as compensation an amount equal to one percent or such smaller amount as the ------Engineer (whose decision in writing shall be final) may that the work remains uncommented, or unfurnished after the proper dates and further in order 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 value or quantities (as the ------Engineer my determine) of the whole of work before one fourth of the whole time allowed under the contract has elapsed, one -half of the value or quantity (as the ------Engineer may determine) of the work before one -half of such time has elapsed and three–fourth of the value or quantity (as the ______Engineer may determine) of this work before three-fourth of Compensation of delay Compensation of delay 17 such time has elapsed, If the contractor fails to comply with this condition he shall be liable to pay an compensation and amount equal to one percent or such smaller amount as the ------Engineer ( whose decision in witting shall be final) may decide on the said estimated cost of the whole work for everyday that the 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 ten percent on the estimated cost of the work as shown in the tender. Clause 3 (1) - In any case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to pay compensation amounting the whole of his security deposit (whether paid in one sum or deducted by installments) the ------Engineer shall have power to adapt such of the following courses as he may deem best. (a) He may rescind the contract by giving the contractor ------days notice of rescission signed by the ------Engineer and may then take the whole of the contractor’s security deposit for the use of Government as compensation for the loss caused by the contractor’s default. (b) He may after giving contractor ------days notice in witting of his intention to do so, measure up the work done y the contractor & then employ and pay labourers and supply or procure materials and carry out all or any part of the work himself on behalf of Government debiting the contractor with actual cost crediting him at the contract rates with the value of the work so done and may postpone till completion of the work, so taken over Assessment of the compensation to be paid by the contractor, if any work is so taken over by the ------Engineer the certificate is writing of the ------Engineer or of the ------as to its cost and value shall be final and conclusive against the contractor. Vide G.O. No.5645A. N/XXII-b-550/62 dated nil...... 1967 (c) He may after giving the contractor ------days notice in writing of his intention to do so, measure up the work done by the contractor, take the work out of his hands and give a contract for its completion to another contractor and may postpone till completion of the work. The assessment of the compensation to be paid by the original contractor. If the ------Engineer elects to give the completion of work to another contractor, the original contractor shall pay any expenses which may be incurred in excess of the sum which would have been paid to him if the whole work had been carried out by him and a certificate in writing of the ------engineer or of ------the shall be final and conclusive as against the original contractor as to the amount of any such expenses. (ii) If the ------Engineer does not desire to do so and stop work, the contractor shall not be entitled to compensation for any loss sustained by him Action by which whole security deposits forfeited18 by reason of his having purchased or procured any materials or entered into any 24 engagements or made any advances on account of or with a view to the execution of the work or the performance of the contract, and shall not be entitled to recover or be paid or be given credit for any work therefore actually performed by him under this contract, unless and until the Executive Engineer or the sub- Divisional officer acting under this order shall have certified in writing the performance of such work and the value there of the contractor shall only be entitled to be paid the value as so certified. (iii) If upon any occasion the ------Engineer abstains from exercising the powers given to him by this clause such abstention shall not prevent him from exercising of such power upon a subsequent occasion if the contractor again makes default nor shall such abstention absolve the contractor from liability to pay compensation for any default which he may have made. Clause 4 - If the ------Engineer exercise any of the powers given to him by clause 3 he may, if he so desires take possession of all or any tools plants, materials and stores in or upon the work or the site thereof belonging to the contractor or procured by him and indented to be used for the execution of the work or any part thereof any pay or allow the contractor of or procure to be used for the execution to work or any part thereof, and pay or allow the contractor for the same at the contract rates or in the case of these not being applicable, at current market rates to be certified by the ------Engineer, whose certificate there of shall be final, and it the ------Engineer does not desire to do so, the ------Engineer may give notice in writing to the contractor of his clerk, or the work foreman or other authorized agent required him to remove such tools & plants, materials or stores from the premises (within a time to be specified in such notice ) and if the contractor fails to comply with any such requisition, by the ------Engineer may remove them at the contractor’s expense and at his risk in all respects by auction or private sale and the certificate of the ------Engineer as to expenses of any such removal and the amount of the proceed and expenses of any such shall be final and conclusive against the contractor. Clause 5 - If the contractor desire and extension of the time for completion of the work on grounds of any unavoidable hindrance to its execution having arisen, he shall apply in writing to the Engineer – in- charge who if in his opinion reasonable ground are shown therefore, shall extend this time limit up to period of six months or 50% of time limit provided as time of completion whichever is less and there after ------Engineer shall if in his opinion (which shall be final) ______reasonable ground is shown therefore, authorize extension as may, in his opinion be necessary of proper. Contractor remain liable to pay compensation if action not taken under clause- 3 Power to take possession of or require removal of or sell contractor’s plant. Extension of time 19 Clause 6 - On completion of the work the contractor shall send a registered letter to sub-divisional officer (here –in- after called Engineer-in- charge) giving the date of completion and shall also send copy of such notice to the Executive Engineer and shall request the Engineer –in-charge to give him a certificate of completion. No such certificate will be given the work shall not be considered to be complete until the contractor has removed the premises on which the work has been executed all scaffolding, surplus materials and rubbish, and cleansed all wood-work, doors, windows, walls, floors or other parts of any building in, upon or about which the work has been executed or of which he may have had possession for the purpose of the execution there of, and if the contractor fails to do so, on or before the date fixed for completion of the work the Engineer-in-charge may to do so, and may sell such scaffolding and material as have not been removed by the contractor and the contractor shall forth with pay all expenses so incurred and shall have no claim in respect of any such scaffolding, surplus material as aforesaid except for any sum actually realized by the sale there of. On completion the work shall be measured by Engineer-in-charge, whose measurements shall be binding and conclusive against the contractor. 25 Clause 7- In the case of work estimated to cost more then rupees one thousand, the contractor shall, on submitting the bill there of to be entitled to receive a monthly payment proportionate to the part there of then approved for such purpose by the Engineer –in- charge. Whose certificate of approval and passing of the sum so payable shall be final and conclusive against the contractor but any such payments will only be made as advances to be credited to Government in the final settlement of accounts with the contractor and not as payment for work completed and passed and the making of such payment shall not either preclude the executive engineer or sub- Divisional officer from requiring the contractor to remove or reconstruct or re-erect any work on the ground that such work is bad, unsound, imperfect or unskilled or prevent Government form enforcing any claim against the contractor on account of any default by him or conclude, determine or affect in any way the powers of the Engineer-in- charge under these conditions or any of them as to the final settlement and adjustment of the accounts or other wise or in any other way vary or affect the contractor. The Engineer –in- charge’s certificate of the measurement and of the total amount payable for the work shall be final and binding on all parties. Clause 8 - If the contractor abandons, or is unable to complete the work, the Final Certificate Payment on intermediate certificate to be regarded as advances. 20 ------Engineer may certify in writing the value of the work done by the contractor towards the completion of the contract, such a certificate shall be final and conclusive against the contractor and he will not be paid more than the value of such work as so certified in respective of the contract rates. Clause 9. - When the estimate on which a tender is made includes lump –sum in respect of parts of the work, the contractor shall be entitle to payment in respect of the items of work involved or the part or work in question at the same rate are payable under this contract for other such items of work, unless the part of the work in question is not in the opinion of the Engineer-in-charge capable of measurement in which case the Engineer-in-charge, may pay such lump sum as he may determine to be the value thereof and the certificate in writing of the Engineer-in- charge shall be final and conclusive against contractor as to the basis upon which payment is to be made in such cases and as the amount to be paid. Clause 10 - Every month on or before a date to be fixed by the Engineer-incharge the contractor shall if so required, submit a bill for all executed works by him during the previous month and the Engineer-in charge shall take or cause to be taken all measurement necessary for checking the contractor’s bill and adjusting his claim as speedily as possible. If the contractor does not submit his bill within the time so fixed the Engineer-in-charge may after giving the contractor ------day’s notice in writing measure or depute some one to measure such work in the presence of the contractor or whose signature on the list of measurement shall be sufficient authority to the Engineer-in-charge to draw-up a bill based on such measurements and any bill so drawn-up shall be binding on him, and if he attends but refuses to sign the list of measurement the matter shall be referred to the immediate superior of the Engineer-in charge whose decision shall be binding on the contractor. Clause 11- The contractor shall submit all bill on the printed form which will be supplied to him at the office of the Engineer –in- charges and all items in such bill, shall be charged at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the tender at the rates here -in -after provided in such work. Clause12 - If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the Engineer-incharge’s stores or if it is required that the contractor shall use certain stores to be provided by the engineer-in-charge (such materials and stores and the price Inability to complete the work Lump sum in estimates. Bills to be submitted monthly 26 Bills to be on printed forms. Stores supplied by the Government. 21 to be charged there for is here in after mentioned being so for is practicable and for the convenience of the contractor specified in the schedule here to annexed but not so in any way to control the meaning or effect of this contract) the contractor shall be supplied with which materials and stores as may from time to time be required by him for the purpose of the contract but only for such purpose and he shall pay for the same at the rates specified in the said schedule or if no rates is so specified at cost price as defined in clause16 there of. All materials so supplied to the contractor will become the property of the contractor but shall not on any account be removed form the sit of the work until the whole work is certified to be completed by the Executive Engineer except with the written permission of the Executive Engineer, and shall at all times be open to inspection by the Engineer-in-charge. The Executive Engineer shall however have the option to take over any such material, if unused at time of the completion or termination of the contract at the specified issue rate or the current market rate, whichever is less. Clause 12 (A) - In case where the contractor is himself to supply the materials he must obtain the articles required for the onstruction of the work from the firms with which the Director of industries made arrangement while in the case of materials for supply for which no such arrangements has been made by the Director of Industries but in respect of which officers have in consultation with consuming department prescribed specification the materials supplied by the contractor must conform to such specification and/or test. Clause 12 (B) - Provided always that contractor shall not be entitled to any compensation for damages caused or loss sustained by him due to late supply of materials of store by the Engineer- in-charge for the reason beyond his control. Clause 13 - .All articles required by the contractor for the construction of the work and which the contractor is to supply himself, shall be obtained by contractor from the firms with which the Director of Industries has made arrangements and if for the supply of any articles no such arrangements have been made, any such articles supplied by the contractor shall conform to such specification and/or tests if any, as may be prescribed by the Director of Industries in consultations with the consuming department. 22 Clause 14 - The contractor shall obtain from the stores of the Engineer-in charge. all such imported stores of materials as may be required in any considerable quantity for the work or any part thereof or for making up articles required thereof or in connection there with. The value of such stores and articles as may be supplied to the contractor by the Engineer-in-charge will be debited to the contractor in his account at the rates shown in the schedule attached to the contract and if they are not entered in the schedule they will be debited at the cost price, which for the purpose of this contract shall include the cost of carriage and all other expenses whatsoever which shall have been incurred in obtaining delivery of the same at the stores aforesaid. The Executive Engineer may issue materials to a contractor from existing stock if he asked for any excess of those entered in the schedule in such cases the price charged will be stock issue rate or the market rate which ever is greater. Clause 15 - The contractor shall execute the whole and every part of work in the most substantial and workman like manner and in every respect in strict accordance with the specification both as regards materials and otherwise. The contractor shall also confirm exactly, fully and faithfully to the designs, drawing and instructions in writing relating to the work signed by the Engineer-in- charge and lodged in his office and the contractor shall be entitle to inspect the same during office hours and may at his own expense have copies of the specification of all such designs, drawings, and instructions as aforesaid made for his own use. 27 Clause 16 - The Engineer-in-charge shall have power to make such alteration in or additions to the original specifications, drawings, designs and instructions as may appear to him to be necessary or advisable during the progress of the work, and the contractor shall be bound to carry out the work in accordance with any instructions 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 so directed to do shall be carried out by the contractor on the same conditions in all respect 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 certificate of the Engineer-in-charge shall be conclusive as to such proportion. If the additional work includes any item for which no rate is specified here under, the contractor shall carry out the work at the rate entered in the Schedule of rates of the District but if the Schedule does not contain any rate for such work, then the contractor shall not begin such work until a rate in respect of such work, has been settled by mutual agreement between him and Stores imported form Europe to be obtained form Government. Work to be executed in accordance with specifications, drawings, orders etc.. Alternation in specification and designs Do not invalidate contract Extension of time in consequence of alterations. Rates for additional work not in estimate or schedule of rate of district. 23 the Engineer-in-charge with the approval of the officer accepting the contract and if they are unable to agree upon a rate within two weeks from the date when the contractor received the order, the Engineer-in-charge may by a notice in writing cancel the order for such work and carry it out in such manner as he may think best. In the event of dispute the decision of the Superintending Engineer shall be final and binding on the contractor. Clause 17- The Executive Engineer acting on the written orders of his immediate superior, may at any time by notice in writing to the contractor either stop the work altogether or reduce or cut it down. If the work is stopped altogether, the contractor will only be paid for work done and expenses legitimately incurred by him on, or preparation for the execution for the work up to the date on which such notice is received by him. Such expenses shall be assessed by the Executive Engineer whose decision shall be final and binding on the contractor. If the work is cut down, the contractor will be paid for the work as so cut down but in neither case will be paid any compensation whatever for the loss of profit which he might have made if be had been allowed to complete all the work included in the tender. Clause 18 - If the Engineer in charge is satisfied that the construction of any part of the work is faulty or that materials used in the same are inferior to those for which the specification provides or that any materials or articles provided by the contractor are not in accordance with the contract, he may not withstanding that such work , materials or articles may have been passed, certified or paid for, serve the contractor with notice in witting specifying the work materials or articles of which he complains and requiring the contractor to remove such defects or to replace such materials or articles within a specified period of time. if the contractor fails to comply, in all respects with the requirement of any such notice within ten days after the expiration of the period specified in that notice the Engineer- in -charge may himself remedy such defects or as the case may be replace such materials or articles, and contractor shall pay all expenses incurred by the Engineer -in -charge in so doing and certificate in writing of the Engineer- in- charge at to amount of any such expenses shall be final and binding upon the contractor. Clause 18 (A) - Government shall have the right to accept at reduced rate sub-standard or defective work and to cause and audit any technical examination of work and running and final bills of the contractor including all the supporting vouchers, abstracts etc. to be made before or after the 28 payment No. compensation for alteration in or restriction of work to be carried out. Action and compensation payable in case of bad work. 24 to the final bills and if as a result of such acceptance of sub-standard or defective work, audit and technical examination, any sum is found to have been over-paid in respect of any work done by the contractor under the contract or any work claimed to have been done by him under the contract but found not to have been actually executed the contractor shall be liable to refund the amount of the over payment and it shall be lawful for Government to recover the same from him in the manner prescribed in clause I above or any other manner legally permissible, and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment may be duly paid by the Government to the contractor. Provided that the sub-standard or defective work accepted is not considered to be seriously defective by the Engineer -in - charge and the rate of the work accepted is suitably reduced by him to compensate the Government, such reduction will be binding on the contractor. Clause 19 - All works under or in the course of extension or executed in pursuance of the contract shall at all times be open for inspection and supervision by the Engineer -in - charge and his subordinates and the contractor shall at all times during the usual working hours, and on any other occasion of which he shall have had reasonable notice either himself be present to receive orders and instructions, or have responsible agent duly accredited in writing present for that purpose. Orders given to any such agent have the same effect as order given to the contractor himself. Clause 19 (A) - NO labour below the age of 14 years shall be employed onthe work. Clause 19. (B)- The contractor shall pay to his labourer a fair wage. Clause 19. (C) - The contractor before he commences the work shall (a) post in a conspicuous place on the work a notice giving the rates of wages which have been certified as fair by the Executive Engineer and (b) send a copy of the notice to the Executive Engineer. Clause 19. (D) - The contractor shall be bound and shall be responsible to comply with the provisions of the labour laws in force in the State of Uttar Pradesh including the Minimum wages Act or any enactment in supersession, extension or modification there of which may be passed at any time or from time to time by a competent legislative body and may have effect in the Sate of Works to open to inspection Contractor or responsible agent to be present. 25 Uttar Pradesh and the Rules and regulations made there under or any amendments or modifications there of for the time being in force. All expenses in connection with the compliance of such law and rules shall be borne by the contractor and the contractor shall neither demand not claim not shall be entitled to any additional payment for the reason that he failed to take into account any such expenses in his tender or that any subsequent amendment in such laws or rules have changed the basis on which he worked out such expenses while submitting his tender. In every case which by virtue of the provisions of labour laws in force in the State of Uttar Pradesh and the rules and regulation made there under, the Government is obliged to pay sum in the execution of the work. The Government will recover from the contractor the amount so paid, and with out prejudice to the other right of the Government. The Government shall be at liberty to recover such amount or any part there of by deducting it either from the security money deposited by the contractor or any sum to his credit under clause I of these conditions from any other sum due by Government to the contractor whether under this contract or other wise. Clause 19 (E) - The contractor shall engage labour for the work through the nearest Employment exchange. 29 Clause 19 (F) - The contractor will request employment exchange to provide him labour on wages to be mentioned by him which shall not be less than the fair wages for the locality of work to be fixed by the superintending Engineer in consultation with District Magistrate concerned. He will also specify the period of the supply of labour which shall not be less than a week from the date of contract or request for labour at the employment exchange. If employment exchange fails to supply labour within the specified period contractor will have option to engage labor form their sources. Clause 19 (G) -The labour employed through Exchange will be kept at per with and shall have preference over the labour engaged by the contractor privately as regards their transport, wages, accommodation working hours and amenities. The contractor will have the option to dispense with the labour with out and reference to the Exchange when much labour is not required for the work and when he is not satisfied with it, but he will give due information of the discharge of the labour to the Exchange. Clause 20.- In order that the work may be measured and correct dimension thereof taken, the contractor shall no cover up any part of the same or other Notice to be given before work if covered up. 26 wise place it beyond the reach of measurement until he has either obtained the consent in writing of Engineer -in - charge or his subordinate in-charge of the work or until he has given to be Engineer - in - charge or to such subordinate five days notice in writing that the work is ready for measurement. If the contractor covers up any work or places it beyond of the measurement with out such consent and before the expiration of the period of such notice, the contractor shall forfeit the price of such work and of the materials used in itsconstructions. Clause 21. - All work to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Engineer - in - charge for the time being, who shall be entitled to direct at what point or points and in what manner they are to be commenced, and form time to time carried on. Clause 22. - Except where other wise specified in the contract the decision of the ------engineer for the time being shall be final, conclusive and binding on all parties to the contract upon all questions relating to the meaning of the specifications, designs, drawings and instructions here in before mentioned. The decision of such engineer as to the quality of workmanship or material used on the work or as to any other question claim right matter or thing what so ever in any way arising out of or relating to the contract designs or drawings, specifications, estimates, instructions, order, or these conditions, or other wise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment of the contract by the contractor, shall also be final, conclusive and binding on the contractor. Clause 23. - If the contractor, or his work people or servant shall break, deface, injure or destroy any part of a building on or in which they may be working or any building, road, fence enclosure, grassland or cultivated ground continuous to the premises on which the work or any part of it is being executed or if any damage shall happen to the work while in progress from any cause due to the negligence of responsibility (the decision of the Executive Engineer shall be final) the contractor shall at his own expense made good such damage, or in default the Engineer -in - charge may cause the same to be made good and the contractor shall, pay any expense so incurred and the certificate of the Engineer -in - charge as to the amount of such expense shall be final and binding on the contractor. Direction of work. Decision of Engineer to be final. Contractor liable for damage done and fit imperfections forthree months after certificate. 27 Clause 24. - 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, appliance, implements, ladder cordage, tackle, scaffolding and 30 temporary works requisite for the proper execution of the work, whether original, altered or substituted and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not, which may be necessary for the purpose of satisfying or complying with the requirement of the Engineer -in - charge as to any matter as to which under these condition he is entitled to be satisfied or which he is entitled to be satisfied or which the contractor is entitled to required and shall pay for the carriage of all such things to and from the work. The contractor shall also supply without charge workman with the means and the materials necessary for the purpose of setting out works, and for counting- Weighting and assisting in the measurement or examination of the work, or materials at any time. If the contractor fails to do so the same may be provided by the Engineer -in - charge and the contractor shall pay the cost of the same as certified by the Engineer -in – charge, whose certificate shall be final. The contractor shall also provide all necessary fencing and lights required to protect the public form accident and shall bear the expenses of defense of every suit, action or other proceeding of law that may be brought by any person for injury sustained owing to neglect of the above precautions, and shall also pay any damages and costs which may awarded in any such suit, action or proceeding to any such person or, which may be with the consent of the contractor be paid to the compromise any claim by any such person. Clause 25. – The contractor shall not employ female labour in the execution of the work or any part thereof within the limits of a cantonment. Clause 26. - The contractor shall not assign or sub-let the contract without the written approval of the ------Engineer, and if the contractor does or attempts to do so or becomes insolvent or commences any insolvency proceeding or make attempts to make any composition with his credit for or if he or any of his servant or agents either directly or indirectly, gives offers to promises any bride, gratuity, gift, loan, perquisite, reward or advantage pecuniary or other wise to any public officer or person in the employ of Government in any way relating to his office or employment or if any such officer or person shall become in any way directly or indirectly interested in the contract without having first obtained the permission in writhing of the Government, the ------Engineer may there upon by notice in writing Contractor to supply plant, ladders, scaffolding etc. and liable for damage arising from Non provision of light fencing etc. Work not be sub-let. Contract may be rescindand security deposit forfeited for subletting. bribing or if contractor becomes insolvent. Female labour not to be employed. 28 rescind the contract and the security deposit of the contractor shall thereupon stand forfeited and be absolutely at disposal of the Government and the same consequences shall ensure as if the contract had been rescinded under cause 3 thereof, and in addition the contractor shall not be entitled to recover or be paid any work thereof actually performed under the contract. Clause 27. - Any sum payable by the contractor as compensation under any of these conditions shall be deemed the reasonable compensation for the act or default in respect of which the same becomes payable without proof of the actual amount of damages or loss sustained. Clause 28.- In the case of a tender by partners, the contractor shall state the name of the members of the firm and shall notify to the Engineer -in – charge any changes in the constitution of the firm as soon as such change occurs. Clause 29. - In the case of any class of work for which there is no such specification as mentioned in rule 1, such work shall be carried in accordance with the district specifications, and if there is no district specification the work shall be carried out in all respect in accordance with instructions and requirements of the Engineer -in – charge . Clause 30. - In these conditions unless there is something in the subject or contest repugnant to such an interpretation, the expressions ‘works or work mean the work to be done or executed under 31 the contract whether such work is permanent or temporary and whether it is original, altered, substituted or additional. Clause 31. - The additions and deductions on account of the percentage referred to at page 3 of the accepted tender, will be calculated on the gross and not on the net amount of the bill for the work done. Clause 32. - (1) In every case in which by virtue of the provision of section 12 sub section (i) of the workmen’s compensation Act. 1932, Government is obliged to pay compensation to the workman employed by the contractor or by any sub-contractor form him in the execution of the work Government will recover from the contractor the amount of the compensation so paid, and without prejudice to the rights of Government under section 12, sub- section (2) of the said Act. Government shall be at liberty to recover such amount or any part thereof by deducting it either form the security money deposited by the contractor or to his credit under clause 1 of these conditions or form any other Sum payable by way of compensation to be considered as reasonable compensation without reference to actual loss. Changes in constitution of firm. Action where on specification is given. Definition of work. Contractor’s percentage whether applied to net or gross amount of bills (strike out his clause in the case of an items rate contract). Compensation to workman.29 sum due by Government to the contractor whether under this contract or otherwise. (2) Government shall not be bound to contest any claim made against it under section 11, sub section (1) of the said Act except on the written request of the contractor and upon his giving to Government full security for all costs for which Government might become liable in consequence of contesting the claim. Clause 33. - Not with standing anything stipulated in the aforesaid clauses, Government shall have power to retain any sum due to the contractor (s) and set off all claim against him (them) whether arising out of the particular contract or out of any other transaction or contract held by him (them) alone or in partner ship with others. CLAUSE 34(A ) :- I- If the contractor considers any record or ruling of the Engineer-In-charge or his representative in respect of any of the provisions of this contract to be unfair or considers any work demanded by him,. to be outside the requirement of the contract, he shall immediately ask upon such record or ruling being made or such work being demanded, in writing for written instructions or decisions on receipt whereof, he shall proceed without any delay, to confirm to the record or ruling or to perform the work demanded and within 15 days after date of receipt of the written instruction of decision, he may file written protest to the Engineer-In-charge stating clearly and in detail the basis of his objection. Except for such protest objections as or made on record in the manner herein specified and within the limit stated, rulings, instruction or decisions of the Engineer-In-charge shall be conclusive and binding on the contractor. Instructions and/or decisions of the Engineer-In-charge contained in letter transmitting drawing to the contractor shall be considered as written instructions, decisions, subject to protest or objection as herein provided. CLAUSE 34(A) :- II- If the contractor is dissatisfied with the final decision of the Engineer-In-charge on the protest or objection made by the contractor in accordance with the procedure prescribed in clause 34 (A) (i) the contractor in accordance may within twenty eight (28) days after receiving notice of such decision, give notice in writing to the Engineer-In-charge requiring that the matter be submitted to arbitration and furnishing detailed particulars of the dispute or difference specifying clearly the point at issue. If the contractor fails to give such notice within the period of 28 days as stipulated above, the decision of the Engineer-In-charge shall be conclusive and binding on the contractor. 32 CLAUSE 34(A ) :- III- Every dispute, difference or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out or in respect of this deed or the subject matter thereof shall be referred to the arbitrator of …………………………………. or any person nominated by him. It will be no objection to any such appointment that the arbitration so appointed is a Government servant that had to deal with the matters to which the contractor relates and that in the course of his duties as Government servant had expressed views on all or any matter in dispute or difference. In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason …………………………… shall either enter upon the reference himself or appoint another person to act as arbitrator. Such person shall be entitled to proceed with the reference from the stage it was left by his predecessor. No person other than a person appointed aforesaid should act as arbitrator and if for any reason that is possible, the matter is not to be referred to arbitrator at all. That the party invoking the arbitrator shall specify the dispute or disputes to be referred to arbitrator together with the amount or amounts claimed in respect of each disputes. Subject as aforesaid the provisions of the “Arbitration and conciliation Act 1996” any statutory modification or re-enactment thereof and the rules made there under and for the time being in force shall apply to the arbitration proceedings. The arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award. CLAUSE 34(A ) :- IV- If work under the contract has not been complied when a dispute is re- constituted during the arbitration proceedings and no payment due to the contractor within the provision of the contract shall be withheld on account of arbitration proceedings unless authorized or required by the arbitrator. CLAUSE 34(A ) :- V- The cost of such arbitration shall be born by the parties or party as decided by the arbitrator. CLAUSE 34 (B) :- Every dispute, difference or question which may arise between the parties here to or any person claming under them, touching or arising out or in respect of this deed or the subject matter there of shall be referred to the arbitration of or any person nominated by him. It will be no objection to any such appointment that the arbitrator so appointed is a Government servant that he had to deal with the matter to which the contract relates and that in the course of his duties as Government servant he had expressed views on all or any of the matters in disputes or difference. In the event to the arbitrator to whom the matter is originally referred being transferred or vacating his office or unable to act for any reason………………………………….. shall either upon the reference himself or appoint another person to act as arbitrator. Such person shall act from the stage it was left by his predecessor. CLAUSE 34(B) :- II- No person other than a person appointed as aforesaid should act as arbitrator and if for any reason that is not possible the matter is not to be referred to arbitrator at all. CLAUSE 34(B) :- III- The party invoking the arbitrations shall specify the dispute or disputes to be referred to arbitration together with the amount or amounts claimed in respect of such dispute. Subject as aforesaid the provisions of the Arbitration and conciliation Act 1996 or any statutory modification or re-enactment there and the rules made there under and for the time being in force shall apply to the arbitration proceedings. The arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award. Clause 35. - Quantities are liable to variation on either sides without entitling the contractor to compensation on his account. 33 Clause 36 .- Contractor shall himself make proper living accommodation, water and sanitary arrangement etc. for labor which ordinarily should be arranged through Employment Exchange, will give preference to Ex-serviceman. He will have to remove any undesirable labour if ordered by the department. Clause 37.- Claims not referred within 48 hours of occurrence are liable to be rejected. Clause 38 - No extra payment shall be made to the contractor for making profiles and namunas in connection with the execution of work as per G.O. No 355-3B/ 66XXIII-1B-IT date 22-6-1966 . Clause 39. - During the course of construction if any emergency is forwarded due to any clause or claims of work the contractor shall send a registered notice to the <<<<<<<<.. Engineer-in-charge within a fortnight of the origin of claims. If he fails to do so or if he postpones submission of such claims till the completion of work he will be entitled to no compensation. Clause 40. - The contractor shall not influence or direct labor borne on the Muster Roll or by any other contractor by paying higher wages or providing extra facilities without the permission of the <<<<< Engineer and if he does so contrary to the above, will be responsible for the loss of or damage caused or claimed by other parties and the decision of the Engineer as to the amount of such damage shall be final and binding on both the parties. Clause 41.- This agreements is subject to the standard specifications. The clearance of site shall be done by the contractor at his own expenses. Clause 42.- Income tax at the rate of 2% shall be deducted from the bill in terms of sub section (i) of section 194 (c) of Income Tax Act XVI of 1972. CLASUE 43. - FOR FAMILY PLANNING PURPOSE IN CONTRACT : The contractor agrees to persuade all his labour and other employees, including casual labour employed by him to adopt family planning techniques (including vasectomy and Tubectomy) in lines with the policies and programme announced by the State Government from time to time in relation to the State Government in so for as may be applicable and furnish to Engineer in – charge monthly report in this behalf as per G.O. No. 5032/76-22/C- 3/1975/76 dated 8 Sept. 1976. Clause 44. - Thirty percent of the payment due to contractor may be made on the form of grains which shall be made available to him from any of the godowns of F.C.I. The grains at the rate made available to the contractor shall have to be accepted by the contractor prescribed by the Government. (Strike out if not applicable.) 34 GENERAL DEFINITION OF TERMS USED IN CONTRACT 1. 00 GENERAL : These conditions shall be in addition to the condition contained in I.D. form No.111 attached. If any of these conditions are found to be in conflict or inconsistent with the condition of contract, (I.D. form No. 111) the latter shall prevail. 2.0 DEFINITIONS : For the purpose of this contract special conditions, schedules, technical specifications and annexures there to including list of corrections, and amendments, the following words will have the meaning herein assign to them. 2.01 The 'Governor' shall mean the administrative head of the State of Uttar Pradesh, nominated by the President of India from time to time. 2.02 The 'Chief Engineer' shall mean the Chief Engineer (Yamuna), Okhla, New Delhi-25 . 2.03 The Superintending Engineer shall mean the Superintending Engineer, 3rd Circle Irrigation Works, Agra. 2.04 The Executive Engineer shall mean the Executive Engineer, Head Works Division Agra Canal, Okhla. 2.05 Engineer-in-charge shall be designated by Executive Engineer at the time of issuing acceptance of tender or while signing contract. After the tender has been accepted by competent authority of the department on behalf of the Governor of Uttar Pradesh, all orders or instructions given by the Superintending Engineer shall be deemed to have been issued on behalf of the Governor of Uttar Pradesh. 2.06 The word contract shall mean the agreement in I.D. form No. 112 and all its component parts such as technical specifications, drawings etc. including the list of corrections and amendments, if any. 2.07 The 'Contractor shall mean the tenderer, whether firm, registered company partnership or an Individual, who’s tender, has been accepted by the Government or by officer duly authorised on behalf of Government and shall include such heirs, the legal representatives, successors and assignees of the contractor. 2.08 The work 'Specification' shall mean collective all the terms and stipulations contained in the conditions of contract, special conditions, if any technical specification and annexures thereto including the list of corrections/amendments. 2.09 The word 'Drawing' shall mean collectively all the accompanying general drawing if any as well as detailed drawing which may be issued by the Engineer-in-charge from time to time . 2.10 The word 'works' wherever used in this contract shall be held to comprises not only works of construction but also all accessories there to and all matters and things, pertaining to the work executed or to be carried out under the contract. 2.11 Wherever figure are shown after the word 'Elevation or reduced level' or an abbreviation there of shall mean the height in metres above sea-level. 2.12 Word herein use in singular number includes the plural and in the plural the singular. 2.13 APPROVED/APPROVAL Means approval in writing. 2.14 CONSTRUCTION PLANT : Means all equipment, appliances or things of whatsoever nature required for the execution, completion or maintenance of works or temporary works but does not include materials or other things intended to form or forming part of permanent work. 2.15 GOVERNMENT : Means Government of Uttar Pradesh, Department of Irrigation, Employer or owner. 2.16 I.S.S. : Means a day from mid-night to mid-night. 2.18 MONTH : Means from the beginning of a given date of calender month to the end of proceeding day of the next calender month. 2.19 WEEK : Means Seven consecutive days. 2.20 RUPEES : Means Rupees of Indian Currency. 2.21 SITE : Means the land and other places on, under, in or through which the works are to be executed or carried out and any other land or places provided by the Department for the purpose of the contract together with such other places as may be specifically designated in the contract or subsequently approved as forming part of site. 2.22 TEMPORARY WORK : 35 Means all temporary works of every kind required for the performance of the contract. 2.23 INTERPRETATIONS : Words importing the singular only also include the plural, he includes she and vive versa this is repugnant to the context. Wherever the term "specification" is used apart from a specified standard specifications, it shall mean the specification or plan prepared for a particular site as instruction to the contractor in executing that item of work. 2.24 PERIOD OF COMPLETION : The period of completion shall be ...... including rainy season. 2.25 LANGUAGE OF THE CONTRACT : All written material and correspondence in connection with the contract shall be in English or Hindi. 36 GENERAL SPECIFICATIONS The rates given by the contractor will remain firm during the currency of the agreement. No claim shall be entertained for damage to works or materials or the loss suffered by the contractor owing to floods, rains and other natural calamities, fluctuations in market rates or labour and materials or any other reason occurring prior to the final measurement and taking over of the work or part thereof by the Engineer-in-Charge. 1.0 TOOLS, PLANT AND EQUIPMENT The contractor shall arrange for his own machinery and equipment required for timely and successful completion of the work as per specification. Government equipment, if available may be supplied on the discretion of the Engineer-in-Charge to the contractor from the Government godown on written request of the contractor. The contractor shall give receipt for the same as his acknowledgement. The carriage of the equipment to work site and back to Government godown after use shall be done by the contractor at his own cost. The terms and conditions for hire of the equipment shall be fixed by the Engineer-in-Charge. 2.0 CONSTRUCTION PROGRAMME The contractor shall submit a detailed date wise, construction programme of completion to suit the progress of contract as, within three days after the date of notice to proceed with the work. The programme may be reviewed & revised to plan timely action. 3.0 CURRENCY OF PAYMENT Payment will be made in the Indian currency in which the price has been stated in the bid. 4.0 ASSIGNMENT AND SUBLETTING OF CONTRACT (i) Subletting of the contract is not permissible. 5.0 PLANT, TEMPORARY WORKS AND MATERIALS The contractor shall provide at his own expense all constructional plant, temporary works and materials required for the execution of the work. All constructional plant, temporary works and materials provided by the contractor shall, when brought on to the site, be deemed to be exclusively intended for the execution of the works and the contractor shall not remove the same or any part thereof, without the consent, in writing, of the Engineer-in-Charge. 6.0 GENERAL OBLIGATION OF THE CONTRACTOR (A) General responsibilities: (a) The contractor shall furnish the postal address of his site office. Any notice or instruction to be given to the contractor under the terms of the contract shall be deemed to have served if it has been delivered to his authorized agent of representative at site, or sent by registered letter to the site office, or to the address of the firm last provided by the contractor. (b) The contractor shall, subject to the provisions of the contact, and with due care and diligence, execute and maintain the works and provide all labour, including the supervision thereof, materials, constructional plant and all other things, whether of a temporary or permanent nature, required in and for such execution and maintenance, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the contract. (c) The contractor shall take responsibility for the adequacy, stability and safety of all site operations and methods of construction. (d) The contractor shall promptly inform the Employer and Engineer-in-Charge of any error, omission, fault and other defect in the design or specifications for the works which are discovered when reviewing the contract documents or in the process of execution of the works. (B) Contract Agreement: The contractor, within 7 days of receipt of form of agreement annexed (with such modifications as may be necessary) shall enter into and execute a contract agreement to be prepared and completed at the cost of the employer. 37 (C) Inspection of site: The contractor shall also be deemed to have satisfied himself, so far as is practicable, before submitting his tender, as to the form and nature thereof the hydrological and climatic conditions, the extent and nature of work and materials necessary for the completion of the work, the means of access to the site and the accommodation he may require and, in general, shall be deemed to have obtained all necessary information, as to risks, contingencies and all other circumstances which may influence or affect his tender. (D) Sufficiency of Tender: The contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices stated in the priced bill of Quantities and the Schedule of Rates and prices, if any, which tender rates and prices shall, except in so far as it is otherwise provided in the contract, cover all his obligations under the contract and all matters and things necessary for the proper execution and maintenance of the works. (E) Work to be to the satisfaction of the Engineer-in-Charge: So far as it is legally or physically possible, the contractor shall execute and maintain the work in strict accordance with the contract to the satisfaction of the Engineer-in-Charge and shall comply with and adhere strictly to the Engineer's instructions and directions on any matter whether mentioned in the contract or not, touching or concerning the works. The Contractor shall take instruction and directions only from the engineer or from engineer's representative. (F) Watching and Lighting: The contractor shall in connection with the works provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or required by the Engineer or the Engineer's Representative, or by any duly constituted authority, for the protection of the works, or for the safety and convenience of the public or others. 7.0 PURPOSE OF SPECIFICATIONS AND PERFORMANCE THERE TO The contract specifications are intended to show and explain the manner of executing the work and to indicate the type and class of materials to be used. The works shall be carried out in accordance with the directions of Engineer-in- Charge, in accordance with the specifications which form part of the contract and in accordance with such further details and instructions as may, from time to time, be given by the Engineer-in-Charge. In case of any discrepancy between the description of items in the schedule of quantities and the specifications, the later shall prevail. In case any feature of the work is not fully described and set forth in the specification, the contractor shall forthwith apply to the Engineer-in-Charge for further instructions or specifications. 8.0 PLANS AND DRAWINGS The contractor shall submit the following information, in triplicate, to the Engineer-in-Charge for approval within the time stipulated against each item below: (i) A general layout plan of construction plant and equipment for the execution of work within fourteen days from the date of notice to proceed with the work, and (ii) Drawings of prints showing the location of major plants and other facilities which he proposed to put up at the site, including any changes in the general layout, at least fourteen days prior to the commencement of the respective work. 9.0 SUPPLY OF MATERIAL BY THE EMPLOYER As per clause to of technical spacifications. 10.0 MATERIALS, WORKMANSHIP, PERIOD, MAINTENANCE AND DEFECT LIABILITY ETC. (A) Quality: All materials, articles and workmanship shall be of the most suitable quality for the work. (B) Tests, Inspection, Rejection of Defective Material and Work: 38 The Contractor shall without extra cost provide samples and cooperate in the testing of materials and inspection of the works. The Engineer-in-Charge shall have access at all times to the places of storages and where materials are being manufactured and processed for using the works under the contract, to determine whether their manufacture and process are proceeding in accordance with the drawing and specification.The Engineer-in-Charge shall during the progress of the works have power to order in writing from time to time:- a) The removal from the site, within such time or times as may be specified in the order, of any materials which, in the opinion of the Engineer-in-Charge, are not in accordance with the contract. b) The substitution of proper and suitable materials and c) The removal and proper re-execution, notwithstanding any previous test thereof or interim payment made thereof of any work, in respect of materials or work which, in the opinion of the Engineer-in-Charge is not in accordance with the contract. The Contractor shall carry out such order at no extra cost to the employer. In case of default on the part of the contractor in carrying out such order, the employer shall be entitled to employ and pay other persons to carry out the same and all expense consequent thereon or incidental thereto shall be recoverable from the contractor by the employer or may be deducted by the employer from any money due or which may become due to the contractor. In lieu of removing work or materials which are not in accordance with the contract, the Engineer-in- Charge may allow such work or materials to remain, and in that case such work may be paid at the reduced rates as may be decided by the Engineer-in- Charge. However, any action by the Engineer- in-Charge under this clause shall not in any way, absolve the contractor from his responsibility, and liabilities as per terms and conditions of the contract. (E) Period of Maintenance and Defects Liability: The Contractor shall be responsible to make good within such period as may be stipulated by the Engineer-in-Charge any defect which may develop or may be noticed during period of maintenance of 180 days from the certified date of completion and which is attributable to the contractor. All notice of such defect shall be given to the contractor promptly. In case the contractor fails to make good the defects, the Engineer-in- Charge may employ other persons to make good such defects, and all expenses consequent there-of and incidental there-to shall be borne by the contractor.In the event the Employer takes over portions of work as they are completed, the liability of the contractor under clause for those portions shall extend to a period of 180 days from the actual dates on which portions of the works are taken over. (F) Contractor's Superintendence and Supervision: a) The contractor shall provide all necessary superintendence during the execution of the works and as long thereafter as may be necessary for the proper fulfilling of the contractor's obligations under the contract. The contractor or a competent and authorized agent or representative approved of in writing by the Engineer-in-Charge is to be constantly on the works and shall give his whole time to the superintendence of the same. b) The contractor shall provide and employ on the site in connection with the execution and maintenance of the works. (i) Only such technical assistants as are skilled and experienced in their respective callings and such sub-agents, foremen and leading hands as are competent to give proper supervision to the work they are required to supervise, and (ii) Such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution and maintenance of the works. (G) Construction Plant: The Contractor shall provide and install all necessary construction plant and shall use such methods and appliances for the performance of the operations connected with the work awarded under the 39 contract as will secure a satisfactory quality of work and rate of progress which ensure the completion of the work within the time specified. 11.0 INFORMATION AND DATA The information and data furnished herein relative to the works and site conditions are general. It shall be the responsibility or the contractor to fully acquaint Himself with the nature and the location of works, quarries, local conditions and other aspects which are relevant to the work. 12.0 USE AND CARE OF SITE The contractor will make his own arrangements for land for execution of work, labour, staff colonies, site officers, workshops or stores and for related activities.All surface and soil drains shall be kept in a clean, sound and workman like state. 13.0 PROTECTION OF ADJOINING PREMISES The contractor shall protect adjoining sites against structural, decorative and other damages that could be caused by the execution of these works and make good at his cost, any such damages. 14.0 ACCIDENTS AND INSURANCE AGAINST ACCIDENTS ETC. TOWORKMEN a) The employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the contractor or any sub-contractor. The contractor shall indemnify and keep indemnified the employer against all such damages compensation, and against all claims, proceedings, costs, charges and expense whatsoever in respect thereof or in relation thereto. b) On the occurrence of an accident arising out of the works which results in death or which is so serious as to be likely to result in death, the contractor shall within twenty four hours of such accident, report in writing, to the Engineer-in-Charge, the facts stating clearly and in sufficient details the circumstances of such accident and the subsequent action. c) All other accident on the works involving injuries to persons, damage to property other than that of the contractor shall be promptly reported to the Engineer-in-Charge stating clearly and in sufficient details the facts and circumstances of the accidents and the action taken. In all cases the contractor shall indemnify the Employer against all loss or damage resulting directly or indirectly from the contractor's failure to report in the manner aforesaid. This includes penalties or fines if any, payable by the employer as a consequence of failure to give notice under the workmen's compensation act or failure to conform to the provisions of the said act in regard to such accidents. d) In the event of an accident in respect of which compensation may become payable under the Workmen's Compensation Act including all modifications thereof, whether such compensation may become payable by the contractor or by the Government as principal employer, the Engineer-in- Charge may retain out of money due and payable to the contractor such sum or sum of money as may, in the opinion of the Engineer-in-Charge, be sufficient to meet such liability. On receipt of award from the labour commissioner in regard to quantum of compensation, the difference in amount will be reimbursed to or recovered from the contractor. e) The contractor shall insure against such liability with an insurer approved by the Government, which approval shall not be unreasonably withheld, and shall continue such insurance during the whole of the time that any persons are employed by him on the works and shall, when required, produce to the engineer or the engineer's representative such policy of insurance and the receipt for payment of the current premium. Provided always that, in respect of any persons employed by any sub-contractor, the contractor's obligation to insure as aforesaid under this sub-clause shall be satisfied if the subcontractor shall have insured against the liability in respect of such persons in such manner that the employer is indemnified under the policy, but the contractor shall require f) such sub-contractor to produce to the Engineer or the Engineer's representative, when required, such policy of insurance and the receipt for the payment of the current premium. 40 15.0 CERTIFICATE OF COMPLETION OF WORKS a) When the whole of the works have been substantially completed and have satisfactorily passed any final test that may be prescribed by the contract, the contractor may give a notice to that effect to the engineer or to the engineer's representative accompanied by an undertaking to finish any outstanding work during the period of maintenance. Such notice and undertaking shall be in writing and shall be deemed to be a request by the contractor for the engineer to issue a certificate of completion in respect of the works. The Engineer-in-Charge shall, within twenty-one days of the date of delivery of such notice, issue a certificate of completion stating the date on which, in his opinion, the works were substantially completed in accordance with the contract or give instructions in writing to the contractor specifying all the work which, in the Engineer's opinion, requires to be done by the contractor before the issue of such certificate. The engineer shall also notify the contractor of any defects in the works affecting substantial completion that may appear after such instructions and before completion of the works specified therein. The contractor shall be entitled to receive such certificate of completion within twenty-one days of completion to the satisfaction of the engineer of the works so specified and making good any defects so notified. b) If any part of the permanent works shall have been substantially completed and shall have satisfactorily passed any final test that may be prescribed by the contract, the engineer may issue a certificate of completion in respect of that part of the works before completion of the whole of the works and upon the issue of such certificate, the contractor shall be deemed to have undertaken to complete any outstanding work in that part of work during the period of maintenance. c) Provided always that a certificate of completion given in respect of any section or part of the works before completion of the whole shall not be deemed to certify completion of any ground or surfaces requiring reinstatement, unless such certificate shall expressly so state. 16.0 TOLLS AND DUTIES The contractor shall, unless otherwise specifically provided in the contract, pay all duties, tolls, quarry fees, royalties and other taxes on all materials and articles that he may use. 17.0 ENGINEER-IN-CHARGE'S DECISION It shall be accepted as an inseparable part of the contract that in matters regarding materials, workmanship, removal of improper work, interpretation of the contract drawings and contract specifications, mode of procedure and the carrying out of the work, the decision of the Engineer-in- Charge, which shall be given in writing, shall be final and binding on the contractor. 18.0 VARIATIONS AND EXTRA ITEM (A) Variations: a) All quantities set out in the bill of quantities are the estimated quantities of the work and they are not to be taken as the actual and correct quantities of the works to be executed by the contractor in fulfillment of his obligations under the contract. b) The Engineer-in-Charge shall make any variation of the form, quality or quantity of the works or any part thereof that may, in his opinion, be necessary and for that purpose, or if for any other reason is shall, in his opinion be desirable, he shall have power to order the contractor to do so and the contractor shall do any of the following: (i) increase or decrease the quantity of any work included in the contract, ii) omit any such work, (iii)change the character or quality or kind of any such work, (iv) execute additional work of any kind necessary for the completion of the works, change any specified sequences, method or timing of construction of any part of the works and no such variation shall in any way vitiate or invalidate the contract. The quantities given in the tender may vary up to any amount on either side. The contractor shall not claim any thing on this account and will carry out the work at his tendered rates. 41 (B) Extra items: The extra or additional work done or work omitted by order of the Engineer-in-Charge shall be valued at the rates and prices set out in the contract if, in the opinion of the Engineer-in-Charge, the same shall be applicable. If the contract does not contain any rates or prices applicable to the extra or additional work, then rates will be fixed as per clause-16 of I.D. Form No.–111 annexed with the tender. 19.0 CLAIMS The contractor shall send to the engineer-in-charge all claims for any additional payment to which the contractor may consider him self entitled within a fortnight of the claim as enumerated in Form– 111 (Conditions of the contract). He shall also give detail of all extra or additional work ordered by the engineer-in-charge which he has executed during the preceding month. No final or interim claim for payment for any such work or expense will be considered which has not been included in such particulars. Provided always that the engineer shall be entitled to authorize payment to be made to any such work or expense, notwithstanding the contractor's failure to comply with this condition, if the contractor has, at the earliest practicable opportunity, notified the engineer-in-charge in writing that he intends to make a claim for such work. 20.0 MEASUREMENT AND PAYMENT a) The engineer-in-charge shall, except as otherwise stated, ascertain and determine by measurement the value in terms of the contracts of work done in accordance with the contract. He shall, when he requires any part or parts of the works to be measured, give notice to the contractor's authorized agent or representative, who shall forthwith attend or send a qualified agent to assist the engineer-in-charge or the engineer's-in-charge representative in making such measurement, and shall furnish all particulars required by either of them. Should the contractor not attend, or neglect or omit to send such agent, then the measurement made by the engineer-in-charge or approved by him shall be taken to be correct measurement of the work. For the purpose of measuring such permanent work as is to be measured by records and drawings, the engineer's-in-charge representative shall prepare records and drawings month by month of such work and the contractor, as and when called upon to do so in writing, shall, within fourteen days, attend to examine and agree such records and drawings with the Engineer's-in-Charge Representative and shall sign the same when so agreed. If the contractor does not so attend to examine and agree such records and drawings, they shall be taken to be correct. If, after examination of such records and drawings, the contractor does not agree the same b) or does not sign the same as agreed, they shall nevertheless be taken to be correct, unless the contractor shall, within fourteen days of such examination, lodge with the engineer-in-charge representative, for decision by the engineer-in-charge, notice in writing of the respects in which such records and drawings are claimed by him to be incorrect. c) The works shall be measured net, notwithstanding any general or local custom, except where otherwise specifically described or prescribed in the contract. d) Payments will be made to the contractor according to availability of funds. e) On completion of the entire work, the contractor will submit his final bill. Payment of this bill shall not be considered conclusive evidence as to the sufficiency of any work or materials or correctness of measurements to which it relates, nor shall it relieve the contractor from his liabilities arising from any defects. f) The contractor will submit bill monthly for all interim payments which shall be treated as advance payments. All payments will be made by cheque. 21.0 RECOVERIES Any debts due from contractors, advised by the Government, shall be recovered from any bill or money retained from this contract or earnest money or security deposit. 42 22.0 JURISDICTIONS The contract shall be governed by the laws of India and of Uttar Pradesh for the time being in force and be subject to the jurisdiction of the High Court of judicature at Allahabad. 23.0 PATENTS AND COPY RIGHTS The contractor shall save harmless and indemnify the employer from and against all claims and proceedings for or on account of infringement of any patent rights, design, trademark or name or other protected rights, design, trademark or name or other protected rights in respect of any constructional plant, machine, work or material used for or in connection with the works or any of them and from and against all claims, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.Except where otherwise specified, the contractor shall pay all tonnage and other royalties, rent and other payments or compensation, if any, for getting stone, sand, gravel, clay or other materials required for the works or any of them. 24.0 RULES REGARDING LABOUR LAWS IN UTTAR PRADESH The contractor shall be bound and shall be responsible to comply with the provisions of the labour laws in force in the state of Uttar Pradesh including the Minimum Wages Act to any enactment in suppression, extension or modification there of which may be passed at any time or from time to time by a competent legislative body and may have effect in the State of Uttar Pradesh and Rules and Regulations made there under or any amendment of modifications thereof for the time being in force; All expenses in connection with the compliance of such laws and rules shall be borne by the contractor, and the contractor shall neither demand nor claim nor shall be entitled to any additional payment for the reason that he failed to take into account any such expenses in his tender of that any subsequent amendments in such laws or rules have changed the basis on which he worked out such expenses shall submitting his tender. In every case in which by virtue of the provisions of the labour laws in force in the State of Uttar Pradesh and the rules and regulations made there-under, the employer is obliged to pay any sum in the execution of the work. Employer will recover from the Contractor the amount so paid, and without prejudice to the other rights of the Department, the Department shall be at liberty to recover such amount or any part thereof by deducting it either from the security money deposited by the contractor or to his credit under clause-1 of I.D. Form No.–111 or from any other sum due by employer to the contractor whether under this contract or otherwise. 25.0 SAFETY PROVISIONS The contract shall arrange for the safety in his operation as required including the provisions in the safety manual published by the Central Water Commission New Delhi. In case the contractor fails to make such arrangements the engineer-in-charge shall be entitled to cause them to be provided and to recover the cost thereof from the contractor.For failure to comply with provisions of the safety manual the contractor shall without prejudice to any other liability pay to employer a sum not exceeding Rupees one hundred per day for each day of default. 26.0 TAXATION (1) Local Taxation: The prices bid by the contractor shall include all taxes like income and other taxes including royalty excluding G.S.T. that may be levied according to the laws and regulations in being as of the date 30 days prior to the closing date for submission of bids on the constructional plant, materials and supplies (both permanent, temporary and consumable) acquired for the purpose of the contract and on the service performed under the contract. Nothing in the contract shall relieve the contractor from his responsibility to pay any tax that may be levied on profits made by him in respect of the contract. 43 (2) Income Tax: a) Deduction will be made towards income tax at source by the Employer as directed by Income Tax Department from contractors. b) The contractor's staff, personnel and labour will be liable to pay personal income taxes in respect of such of their salaries and wages as are chargeable under the laws and regulations for the time being in force, and the contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations. 27.0 G.S.T. shall be paid extra to the Contractor as per prevailing rule during payments. 28.0 G.S.T. CERTIFICATE If the contractor should produce a valid G.S.T. clearance certificate before payment of the final bill otherwise the final payment to the contractor will be withheld. 29.0 CONTRACTOR DYING, BECOMING INSOLVENT, INSANE ORIMPRISONED In the event of the death or insanity of the contractor, the contract may be terminated by notice in writing, pasted at the site and advertised in the issue of the local newspaper. All acceptable works shall thereafter, be paid at appropriate rates after recovering all the contractor's dues to Government, to the persons entitled to receive and give a discharge for such payments. If the contractor is imprisoned, becomes insolvent, compounds with his creditors, has a receiving order made against him or carries on business under a receiver for the benefit of the creditors or any them, or being a partnership firm becomes dissolved, or being a corporation goes into liquidation or commences to be wound up not being a voluntary winding up for the purpose only of amalgamation or reconstruction, the Employer shall be at liberty: a) To give such liquidator, receiver, or other person in whom the contract may become vested the option of carrying out the contract, or a portion thereof to be determined by the employer, subjects to his providing an appropriate guarantee for the performance of such contact, or b) To terminate the contract forthwith by notice in writing to the contractor, the liquidator, the receiver or person in whom the contract may become vested and take further action as provided in the clause 'Default by Contractor' treating as if this termination is ordered under that clause. 30.0 COMPENSATION FOR DELAY The compensation for delay shall be as per clause-2 of I.D. form No.–111 31.0 CARE OF WORKS AND EXPECTED RISKS (1) From the commencement of the works until the date stated in the certificate of completion for the whole of the works pursuant to relevant clause here of the contractor shall take full responsibility for the care thereof. Provided that if the Engineer-in-Charge shall issue a certificate of completion in respect of any part of the works the contractor shall cease to be liable for the care of that part of the works from the date stated in the certificate of completion in respect of that part and the responsibility for the care of that part shall pass to the employer.Provided further that the contractor take full responsibility for the care of any outstanding work which he shall have undertaken to finish during the Period of maintenance until such outstanding work is completed. In case any damage, loss or injury shall happen to the work, or to any part thereof, from any cause whatsoever, save and except the excepted risks as defined in sub-clause (2) of this clause, while the contractor shall be responsible for the care thereof the contractor shall, at his own cont, repair and make good the same, so that at completion the permanent works shall be in good order and condition and in conformity in every respect with the requirements of the contract and Engineer's instructions. In the event of any such damage, loss or injury happening form any of the excepted risks, the contractor shall, if and to the extent required by the Engineer-in-Charge and subject always to the provisions of relevant clause here of repair and make good the same as aforesaid at the cost of the Employer. The contractor shall be liable for any damage to the works occasioned by 44 him in the course of any operations carried out by him for the purpose of completing any outstanding work. (2) The 'excepted risks' are war, hostilities (whether war be declared or not), invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, or unless solely restricted to employees of the contractor or of his sub-contractors and arising from the conduct of the works, riot, commotion or disorder or use or occupation by the employer of any part of the permanent works, or a cause solely due to the engineer's design of the works, or ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of explosive, nuclear assembly or nuclear component thereof, pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds, or any such operation of the forces of nature as an experienced contractor could not foresee, or reasonably make provision for or insure against all of which are herein collectively referred to as the excepted risks. 32.0 EXTENSION OF TIME FOR COMPLETION Time shall be considered as the essence of the contract. Should the amount Of extra or additional work of any kind or any cause of delay referred to in these conditions or any cause of delay referred in earlier clauses here of, or exceptional adverse climatic conditions, or other special circumstances of any kind whatsoever which may occur, other than through a default of the contractor, be such as fairly to entitle the contractor to an extension of time for the completion of works, the Employer shall determine the amount of such extension and shall notify the contractor accordingly. Provided that the Employer is not bound to take into account any extra of additional work or other special circumstances unless the contractor has within twenty-eight days after such work has been commenced, or such circumstances have arisen, or as soon thereafter as is practicable, submitted to the engineer's-in-charge representative full and detailed particulars of any extension of time to which he may consider himself entitled in order that such submission may be investigated at the time. 33.0 SETTLEMENT OF DISPUTES If the contractor considers any work demanded of him to be outside the requirements of the contract or considers any drawings, record or ruling of the Engineer-in- Charge on any matter in connection with or arising out of the contract or the carrying out of work to be unacceptable, he shall promptly ask the Engineer-in-Charge in writing, for written instructions or decision. Thereupon the Engineer- in-Charge shall give his written instruction or decision within a period of thirty days of such request. Upon receipt of the written instruction or decision the contractor shall promptly proceed without delay to comply with such instructions or decision. If the Engineer-in-Charge fails to give his instructions or decision in writing within a period of thirty days after being requested, or if the contractor is dissatisfied with the instructions or decision of the Engineer-in-Charge, the contractor may within thirty days after receiving the instructions or decision appeal to the Superintending Engineer, who shall afford an opportunity to the contractor to be heard and to offer evidence in support of his appeal. The Superintending Engineer shall give a decision within a period of thirty days after the contractor has given the said evidence in support of his appeal. If the contractor is dissatisfied with this decision, the contractor within a period of thirty days from receipt of the decision shall indicate his intention to refer the dispute to Arbitration failing which, the said decision shall be final and conclusive. 34.0 ARBITRATION All the dispute or differences in respect of which the decision has not been final and conclusive shall be referred for arbitration to a sole arbitrator appointed as follows. Within thirty days of receipt of notice from the contractor of his intention to refer the dispute to arbitration, the Chief Engineer (Yamuna), Okhla, New Delhi shall send to the contractor a list of 45 three officers of the rank of Superintending Engineer or higher, who have not been connected with the work under this contract. The contractor shall within fifteen days of receipt of this list-select and communicate to the Chief Engineer the name of one officer from the list who shall then be appointed as the sole arbitrator. If contractor fails to communicate his selection of name, within the stipulated period, the Chief Engineer shall without delay select one officer from the list and appoint him as the sole arbitrator. If the Chief Engineer fails to send such a list within thirty days, as stipulated, the contractor shall send a similar list to the Chief Engineer within fifteen days. The Chief Engineer shall then select one officer from the list and appoint him as the sole arbitrator within fifteen days. If the Chief Engineer fails to do so the contractor shall communicate to the Chief Engineer the name of one officer from the list, who shall then be the sole arbitrator. The arbitrator shall be conducted in accordance with the provision of the Indian Arbitration Act, 1996 or any statutory modification thereof. The decision of the arbitrator shall be final and binding on the parties thereto. The arbitrator shall determine the amount of costs of arbitration to be awarded to either party. Performance under the contract shall, if reasonably possible, continue during the arbitration proceedings and payments due to the contractor by the employer shall not be withheld unless they are the subject matter of the arbitration proceedings. All awards shall be in writing and in case of claims amounting to Rs. 1.00 lakh and above, such awards shall state reasons for the amounts awarded. 35.0 CONTRACT DOCUMENT AND MATTERS TO BE TREATED ASCONFIDENTIAL All documents, correspondence, decisions and orders concerning to the Contract shall be considered as confidential and / or restricted in nature by the contractor and he shall not divulge or allow access to them by any unauthorized person. 36.0 JOINT VENTURES If the contractor is a joint venture, all partners of the joint venture shall be jointly and severally liable to the employer for the execution of the entire contract in accordance with its terms. 37.0 SECURITY DEPOSIT FOR PERFORMANCES & SECURITY DEPOSIT The contractor will deposit for performance full security as per clause No.–1 of I.D. form No.–111 and its amendment or as per latest orders of U.P. Irrigation department at the time of entering into the agreement. The E.M.D. already deposited will be adjusted towards the security amount. The security deposit may be in the form of the F.D.R. or in the shape of Bank Guarantee from the Nationalized Bank. The Bank Guarantee proforma is enclosed with the tender. 38.0 SPECIAL CLAUSE If there is any discrepancy between the condition of contract and I.D. form No.–111 attached with the tender, the conditions given in I.D. form No.–111 will prevail and will be binding on the contractor. 39.0 INSPECTION OF WORK BY TECHNICAL EXAMINER The work may be examined by the Technical Examiner or his representatives. If in the opinion of the said examiner or his representatives, the work executed by the contractor is found defective and consequently the penalties are imposed, the penalties so imposed shall be recovered from the contractor. The decision of the Engineer-in-Charge or is representatives shall be final and binding on the contractor in this respect. 40.0 If any person whosoever is found actively associated with Mafia and unsocial elements or engaged in organized crime or is a Mafia or mafiso is disqualified from bidding. 41.0 Even if it comes to knowledge after award of a contract that the contractor is associated with Mafia and unsocial elements or engaged in organized crime or is a Mafia or Mafioso, the contract will be cancelled after serving a showcase notice and if the contractor is found repeating the same, then the proceeding of black listing him shall also be initiated. 46 42.0 If it is found that the contractor or the bidder has threatened the other bidders or prevented them from bidding, the tender / contract will be cancelled. 43.0 Any advocate registered in state bar council will not be authorized for bidding. If it comes in knowledge that contractor is a state bar council registered advocate, the contract will be cancelled after having been satisfied of this fact. 47 Technical Specification 1.00 GENERAL 1.01 The Work consist Construction of Repairing Metalled Service Road from Km. 16.620 to Km. 17.00 of Agra Canal. .1.02 It is understood and agreed that the contractors, have inspected and examined the site and it’s surroundings and satisfied themselves in respect of the scope of work, the site conditions including, but not restricted to the following which may influence or effect the work or cost there of under the contract. (a) Site conditions including access to the site, existing and required roads and other means of transport/communications for use by him in connection with the work. (b) Requirement and availability of land and enabling works, colonies, stores and workshop etc. (c) Ground conditions, including those bearing upon transportation, disposal, handling and storage of materials required for the work or obtained therefore. (d) Source and extent of availability of suitable materials including required sections of steel, welding materials, equipments etc. and labour (skilled and unskilled) required for work and laws and regulation governing their use and employment. (e) All other information’s pertaining to needs for the work, information as to the risks, contingencies and other circumstances which may influence or effect the work or the cost thereof under the contract. 1.03 All works shall be carried out in accordance with the detailed specifications hereinafter described. In case specifications of any work are not given, the work shall be carried out in accordance with I.D. Specifications provisions relevant I.S/I.R.C. specifications, or as per instructions of the Engineer-in-Charge. The order to commence the work shall be given in writing by the Engineer-in-Charge. Without the written order, the contractor shall not enter upon or commence any portion of the work. If he does so, the contractor shall have no claim to ask for measurement or payment for the work and shall be responsible for any claim or damages that may arise due to such unauthorized commencement of work. 1.04 The contractor shall start the work under this contract within fifteen calendar days after the date of receipt of notice to proceed with the work. Any delay by the Contractor in commencement of the work will render him liable to action. 1.05 The contractor shall at all times maintain the speed of work to conform to the latest operative progress schedule but the Engineer-in-Charge may at any time with one month’s notice in writing direct the contractor to slow down any part or whole of the work for any reason whatsoever (which shall not be questioned) and the contractor shall comply with such orders of the Engineer-in-Charge. The compliance of such orders shall not entitle the contractor to any claim or compensation except that reasonable extension of time to be determined by the Engineer-in-Charge will be granted in case slowing down results n delay in final completion of work. 1.06 The Engineer-in-Charge may order the contractor to suspend any work that may be subject to damage by climatic or weather conditions. 1.07 The Contractor shall not do any work other than that provided in the agreement without the written orders of the Engineer-in-Charge. No Claim, whatsoever, shall be entertained for any unauthorized work. 1.08 No Claim shall be entertained for idle labor for any reason except as otherwise provided for in the contract documents. 1.09 If the contractor keeps his labor and employees at site, he shall provide, at his own cost, proper arrangement for accommodations, sanitations and water supply etc. and the site shall be kept clean and tidy by the contractor to the satisfaction of the Engineer-in-Charge and as per prevalent labor laws. Jungle and Hand 48 clearance, filling of pits, leveling, dressing and cleaning etc. of the land provided to the contractor for this camp, labor and staff colonies, site officers, work-shops or store etc. and for relative activities shall be done by the contractor himself for which no extra payment shall be made. 1.10 Proper discipline shall be maintained at the work site and in labor camp. If in the opinion of the Engineer-in-Charge any employee or agent of the contractor misbehaves or causes hindrance in the execution of work or indulges in undesirable activities in the camp or otherwise makes himself undesirable, the Engineer-in-Charge may direct the contractor to remove such person from site or his camp and the contractor shall be liable to carry out such orders. No claims on this account shall be entertained. 1.11 All materials arranged by the contractor shall be subject to approval of the Engineer-in- Charge. 1.12 No claim shall be entertained by the Government in respect of any theft, loss or damage due to accident occurring for any reason whatsoever. The contractor shall be responsible for the safety of the materials issued to him for the work. 1.13 The contractor is to include the whole other works whether permanent or temporary which are described in or implied by the contract documents, which may be inferred to be obviously necessary for the efficiency, stability and completion of the permanent works, also the performance of all other operations including clearance of site and things described in or implied by the contact documents, which may be deemed desirable or required for the completion in all respect of the above works to the entire satisfaction of the Engineer-in- Charge and all such matters shall be deemed as included in the contract. 1.14 The contractor shall maintain O.K. Cards of the works in the Performa approved by the Engineer-in-Charge. It shall be the duty of the contractor to get the O.K. card signed by the Assistant Engineer-in-Charge of the work before starting any work. No work shall be started without O.K. unless otherwise permitted by the Engineer-in-Charge. 1.15 The contract shall be constructed according to and subject to the laws of India and within Jurisdiction of Courts or India. 1.16 The Engineer-in-Charge shall have the right to take possession of or use any completed part of work or any part thereof under construction either temporarily or permanently. Such possession or use shall not be deemed as an acceptance of any work either completed or not completed in accordance with the contract, except where expressly otherwise specified by the Engineer-in-Charge. 1.17 All the works during the progress and after the completion may be subject to technical audit. Any defects of materials or workmanship discovered during such audit and established as such shall be rectified by the contractor at his own cost. Any recoveries or reduction in rates, considered necessary, shall be made from the contractor from the subsequent bills or securities of the contractor, even if the work has been accepted by the Engineer-in-Charge. 1.18 No Claim for interest or damage will be entertained by the Government with respect to any balance money which may be lying with the Government or may become due owing to any dispute, difference or misunderstanding between the Engineer-in-Charge on the one hand and the contractor on other hand or with respect to any delay on the part of the Engineer-in- Charge in making periodical of final payment or in any other respect whatsoever. 1.19 The rates and prices tendered in the bill of quantities shall, except in so far as it is otherwise provided under the contract, include all constructional plant, labor, 49 supervision, materials, erection, maintenance, insurance and obligations set out or implied in the contract. 1.20 Running or intermediate payments to the contractor shall be done at reduced rate as decided by the Engineer-in-Charge. 2.0 MATERIALS 2.01 Materials detailed in Schedule ‘B’ will be issued from the Government godowns in accordance with the terms detailed herein. In case of non availability or shortage of material in Government store, the contractor will have to arrange the material of approved brand (Certified by Engineer In charge) and no extra cost shall be paid for arrange material. The contractor will not be entitled to any compensation from the Government for any loss suffered by him on account of delay by the Government in the supply of any materials. In case of such delay in the supply of materials Government may grant such extension of time as shall appear to be reasonable to the Engineer-in-Charge in accordance with the circumstances and merits of the case. The decision of Engineer-in-Charge in this regard shall be final and binding on the contractor. 2.02 All materials so supplied by the Government to the contractor will become the property of the contractor for bonfire use on the works only. It shall not on any account be removed from the site of the work until the works are certified as completed by the Engineer-in- Charge. 2.03 The labor for weighing and counting at the time of taking delivery of the stores by the contractor from Government god owns shall be provided by the contractor at his own expenses. The contractor shall bear all incidental charges for loading unloading, storage and safe custody of all materials supplied to him from Government god owns. 2.04 The Government will issue the material at the Government godowns mentioned in Schedule ‘B’. In case the contractor is issued material from stores other than specified, difference in cartage involved form the site of issue specified above and site of actual issue to work site shall be paid or deducted from the contractor’s bill according to the prevalent normal schedule of rates of the circle (Normal Rates). 2.05 The Government will furnish air entraining agents and admixtures required to the contractor free of cost at the Government store. The use of such admixtures and agents shall be made as per instructions of Engineer-in-Charge. The cost of cartage, storage, and handling, batching and mixing shall be borne by the contractor and shall be included by him in unit prices tendered for concrete. 2.06 The consumption of material, which shall be issued to the contractor free of cost shall be checked on the basis of actual consumption, if quantity received by the contractor from the Government is found in excess beyond 2% (two percent) of the quantity actually used, the cost of excess beyond 2% shall be recoverable at twice the prevalent stork issue rates at the time if such checking. 2.07 Cement: (a) The Government will provide cement in bag as received from factory. Cement in bags will be issued to the contractor at Government go down at Okhla., New Delhi as per Schedule ‘B’, and no regiment will be made. The Cement content shall be taken as Fifty Kg. per bag. The Government will not be responsible in any manner if the cement in bags issued to the contractor from Govt. Store or any other store is found to contain less the 50 Kg. of cement per bag. The cost of cement in bags under all circumstances will be charged on the basis of number of bags supplied and at the rate as per Schedule ‘B’ irrespective of the actual weight of cement 50 contained in bags. The consumption of cement shall be by actual weightiest both in case of weigh batching and for volume batching. The cement bags shall be suitable marked by the Engineer-in-Charge if considered necessary to facilitate detection of any pilferage or unauthorized from the site. If such cement bags shall be found taken in unauthorized manner away from the work, the Contractor shall be liable for recovery of the cost there of at a penal rate equal to three times the prevailing stock issue rate of the cement at that time besides other legal consequences. (b) The calculations for consumption of cement shall lobe done on the basis of mix design carried out by the Engineer-in-Charge at Government expenses. Empty cement bags in good condition acceptable to Government shall be returned by the contractor free of cost of empty bags at the rate of Rs.4 each bag (not so returned by the contractor) shall be deducted from the intermediate bills of the contractor. The contractor shall not put the recovery of cost for empty bags to any the use before returning them to Engineer-in-Charge and all empty bags shall be carefully stored and transported to prevent damage from weather conditions. The Contractor shall open the cement bags in a manner as to prevent any damage to them. (c) The Contractor shall be responsible to ensure that to misuse of cement occurs and shall maintain a register in suitable forms as directed by the Engineer-in-Charge showing receipt of cement and its consumption. The register shall be maintained and posted unto date and signed by the contractor or is authorized representative daily. The register shall always be available for examination by the Engineer-in-Charge or his authorized representative. (d) At the end of working season and after completion of work, the consumption of cement will be checked on the basis of specified consumption. (e) If on the completion of work the quantity of cement issued to the contractor is in excess of the computed bonfire consumption on the basis of the quantity of work done plus and allowance of 2% for loss due to handling, transits and storage and differences in the assumed and actual weight of cement bags, the balance of difference shall be recoverable from the contractor at a punitive rate equal to twice the prevailing stock issue rate at the time or the market rate which ever is higher without prejudice to other clauses of this contract. (f) If on completion of the work, the actual quantity of cement used on the work is less than that computed on the basis of computed bonfire consumption as mentioned here above, recovery on account of the quantity of cement used short, shall be made at issue rate of cement as per schedule ‘B’ and in addition such unused cement shall be returned back to Government stores by the contractor. (g) The cost of cement used in ancillary works e.g. tanks, contractors camp, installation of plants as approved by the Engineer-in-Charge shall be considered as bonfire consumption and will be recovered at issue rates as per Schedule ‘B’ Contractor shall give separate account of consumption of cement on such ancillary work with complete details of the work done duly verified by the Government. 2.08 Steel: (a) Government will issue steel to the contractor for works to be executed under this contract according to the Schedule ‘B’ showing material, rates and places of delivery. The steel shall be issued to the contractor by actual regiment but for payment purposes weight of steel shall be calculated on the basis of latest ISI Hand book for structural engineers. For sections not covered by ISI Handbook, supplier’s sectional table shall be used. The Government shall not be responsible in any manner if weight of steel issued to the contractor is different from that calculated for payment as aforesaid. 51 (b) In case of steel, full lengths as available in Government stores shall be issued to the contractor and cost there of recovered accordingly. The put pieces, shorter than 3.0 meter length shall not be taken back by the Government from the contractor. However the contractor will use steel judiciously and in such a anner that the quantity of cut pieces shorter than 3.0 metered lengths including all type of wastage etc. shall not exceed five percent of the total bonfire consumption in the work. (c) After the completion of the work the consumption of steel will be checked on the basis of measurements taken for the item of reinforcement steel payable as per item under schedule of quantities and bids, and steel consumed in other bonfire use which is measured and not payable, if the quantity of steel issued to the character is in excess of the computed bonfire consumptions plus an allowance of 5% (five percent) for the cut pieces shorter than 3.0 meter length as mentioned in sub-Para (a) above difference in weight as mentioned in subpart (a) above and all type of wastage and the balance is not returned in lengths 3.0 meter or more as mentioned above, to the Government store, the cost of such difference or balance shall be recoverable form the contractor at he rate twice the prevailing stock issue rate at that time or market rate whichever is higher. This allowance does not include the steel used in the items which are not measured for payment purpose chairs etc. but a record of such steel shall be kept and measured for proper accounting of steel issued from the Govt. stores. 3.0 CONTRACTOR’S GODOWNS: 3.01 The materials will be issued to the contractor only according to the requirement for the safe storage and custody of materials for which nothing extra will be paid to him. 3.02 The contractor shall maintain suitable godsons at site of works at his own cost which should be sufficient for storing his requirements for cement, steel and other materials, cement is to be stored in separate damp proof god owns. 3.03 At every go down of the contractor a bound register shall be maintained in which daily receipt and consumption of materials should be maintained. The register should be made available for checking on demand by the Engineer-in-Charge. The contractor shall maintain proper watch and ward of god owns at his own expenses. 4.0 PLANT EQUIPMENTS OF GOVERNMENT ON HIRE BASIS: Government may provide, if available, tractor, dozer, concrete mixer and vibrators to the contractor on hire basis from the stores of Engineer-in-Charge. Arrangements for carriage from Government stores to the work site shall be done by the contractor at his own cost. The hire rates at which above equipments shall be provided will be monthly/daily/hourly used rates as fixed by the Engineer-in-Charge. 5.0 CONSTRUCTION POWER: The contractor will make his own arrangement to construction power either from B.S.E.S. Yamane or by his own diesel generating sets. The department will issue necessary recommendations if required by the contractor to the B.S.E.S. Yamane for releasing the electric connection. 52 TACK COAT OF HOT STRAIGHT RUN BITUMEN The rate of application of binder which shall be as specified and which shall confirm to 16.1.5 shall depend on the surface on which the premix carpet is to be laid. (a) 0.75 kg/sqm on W.B.M. surface. (b) 0.50 kg/sqm on existing black topped surface. Materials Bitumen : This shall be straight-run bitumen of penetration value 80/100 conforming to IS 73 specifications. Preparation of Surface Cleaning Prior to the application of bitumen, all vegetation, loose sealing compound, caked mud, animal dung, dust, dirt and foreign material shall be removed from the entire surface of the pavement and from existing dummy, construction and expansion joints (wherever existing) by means of mechanical sweepers and blowers, otherwise with steel wire brushes, small picks, brooms or other implements as approved by the Engineer-in-Charge. The material so removed shall be disposed off as directed by the Engineer-in-Charge. Weather and Seasonal Limitations The tack coat shall not be applied nor any bitumen work done during rainy weather or when the surface is damp or wet or when the atmospheric temperature in the shade is not more than 16 o C. Application of Tack Coat Heating : Bitumen shall be heated in a boiler to a temperature of 165 deg. C to 175 deg. C and maintained at that temperature. Temperature shall be checked at regular intervals with the help of a thermometer. Application of Bitumen : Hot bitumen shall be applied evenly to the clean, dry surface by means of a pressure sprayer at specified rate. Even and uniform distribution of bitumen shall be ensured. Bitumen shall be applied longitudinally along the length of the pavement and never across it. Excessive deposits of bitumen caused by stopping or starting of the sprayer or through leakage or any other reason shall be suitably rectified. Measurements Length and breadth shall be measured correct to a cm, along the surface of pavement. Area shall be worked out in sqm correct to two places of decimal. Rate Rate shall include the cost of all materials and labour involved in all the operations described above. TACK COAT WITH BITUMEN—EMULSION Specification of above item to be followed except Bitumen emulsion (Rapid Setting) of specified grade and consistency to be used at room temperature instead of hot straight run bitumen at following rate. 1. on W.M.M @ 0.4kg/sqm. 2. on bituminous surface @ 0.25 kg/sqm. DENSE BITUMINOUS MACADAM Scope Dense Bituminous Macadam (DBM) is used mainly for in base/binder and profile corrective courses. DBM is also used as road base material. This work shall consist of construction in a single or multiple layers of DBM on a previously prepared base or sub-base. The thickness of a single layer shall be 50 mm to 100 mm. 53 16.46.2 Material 16.46.2.1 Bitumen : The bitumen shall be paving bitumen of penetration Grade of specified consistency and content conforming to IS 73 or as otherwise specified in the item. 16.46.2.2 Coarse Aggregates : The coarse aggregates shall consist of crushed rock, crushed gravel or other hard material retained on the 2.36 mm IS Sieve. They shall be clean, hard, durable, or cubical shape, free from dust and soft or friable matter, organic or other deleterious substance. Before approval of the source, the aggregates shall be tested for stripping. The aggregates shall satisfy the physical requirements specified in 16.35, for dense bituminous macadam. Where crushed gravel is proposed for use as aggregate, not less than 90% by weight of the crushed material retained on the 4.75 mm IS Sieve shall have at least two fractured faces. 16.46.2.3 Fine Aggregates : Fine aggregates shall consist of crushed or naturally occurring mineral material, or a combination of the two, passing the 2.36 mm IS Sieve and retained on the 75 micron sieve. They shall be clean, hard, durable, dry and free from dust and soft or friable matter, organic or other deleterious matter. The fine aggregate shall have a sand equivalent value of not less than 50 when tested in accordance with the requirements of IS 2720 (Part 37). The plasticity index of the fraction passing the 0.425 mm IS Sieve shall not exceed 4, when tested in accordance with IS 2720 (Part 5). Note: 1. IS: 2386 Part 1 2. IS: 2386 Part 1 (The elongation test to be done only on non-aggregate in the sample) 3. IS 2368 Part 4* 4. IS 2368 Part 4* 5. IS 2386 Part 5 6. IS 2386 Part 3 7. IS 6241 8. AASHTO T283** * Aggregate may satisfy requirement of either of these two tests. ** The water sensitivity test is only required if the minimum retained coating in the stripping test is less than 95%. 16.46.2.4 Filler : Filler shall consist of finely divided mineral matter such as rock dust, hydrated lime or cement approved by the Engineer-in-Charge. The filler shall be free from organic impurities and have a plasticity index not greater than 4. The Plasticity Index requirements shall not apply if filler is cement or lime. 16.46.2.5 Aggregate Grading and Binder Content : When tested in accordance with IS 2386 Part 1 (wet sieving method), the combined grading of the coarse and fine aggregates and added filler for the particular mixture shall fall within the limits shown in Table 16-37 for dense bituminous macadam. 16.46.3.2 Binder Content : The binder content shall be optimized by using Marshall method for determining the optimum binder content shall be adopted as described in the Asphalt Institute Manual MS-2, replacing the aggregates retained on the 26.5 mm sieve by the aggregates passing the 26.5 mm sieve and retained on the 22.4 mm sieve. 16.46.3.3 Job Mix Formula : The contractor shall inform the Engineer-in-Charge in writing, at least 20 days before the start of the work, of the job mix formula proposed for use in the works, and shall give the details of Source and location of all materials, their sizes, grading and test results. Approval of the job mix formula shall be based on independent testing by the Engineer-in-Charge for which samples of all ingredients of the mix shall be furnished by the Contractor as required by the Engineer-in-Charge. Job mix formula shall be revised if there is a change in source of material and be got approved by Engineer-in-Charge. 16.46.3.5 Laying Trials : Once the plant trials have been successfully completed and approved, the Contractor shall carry out laying trials, to demonstrate that the proposed mix can be successfully laid and compacted. 16.46.4 Construction Operations 16.46.4.1 Prime Coat : Where the material on 54 which the dense bituminous macadam is to be laid is other than a bitumen bound layer, a prime coat shall be applied, as specified, in accordance with the provisions, or as directed by the Engineer-in-Charge. 16.46.4.2 Tack Coat : Where the material on which the dense bituminous macadam is to be placed is bitumen bound surface, a tack coat shall be applied as specified, in accordance with the provisions, or as directed by the Engineer-in-Charge. 16.46.4.3 Mixing and Transportation of the Mixture : The provisions are as specified in item and Morth specification. 16.46.4.4 Spreading : Morth specification shall apply. The paver finisher shall be fitted with electronic sensor device. 16.46.4.5 Rolling : The compaction process shall be carried out as per MORTH Specification. 16.46.4.6 Opening to Traffic : The newly laid surface shall not be open to traffic for at least 24 hours after laying the completion of compaction, without the express approval of the Engineer-in-Charge in writing. 16.46.4.7 Surface Finish and Quality Control of Work : The surface finish of the completed construction shall conform to the requirements of 16.32.3. The materials and workmanship shall comply with the provisions set out in Table. 16.46.4.8 Arrangement for Traffic : During the period of construction, arrangements for traffic shall be made in accordance with the provisions 16.32.5. 16.46.5 Measurement Dense Bituminous Materials shall be measured as finished work in cubic meters,correct to two places of decimal. 16.46.6 Rate The rate include the cost of all materials, labour and equipment, in all the operation described above. DENSE BITUMINOUS CONCRETE Scope Dense Bituminous Concrete (DBC), is used in wearing and profile corrective courses, in a single or multiple layers on a previously prepared bound surface. A single layer shall be 40. Materials Bitumen: CRBM or PMB as specified. Coarse Aggregates : The coarse aggregates shall be generally as specified. Fine Aggregates : The fine aggregates shall be all as specified. Filler : Filler shall be generally as specified Aggregate Grading and Binder Content : When tested in accordance with IS 2386 part 1 (wet grading method), the combined grading of the coarse and fine aggregates and added filler shall fall within the limits for grading 1 or 2 specified in the contract. Mixture Design Requirements for the Mixture : Apart from conformity with the grading and quality requirements for individual ingredients, the mixture shall meet the requirements set out in Table 16.39 except loss of stability of immersion in water at 60° C. Binder Content : The Marshall method for determining the optimum binder content shall be adopted as described in the Asphalt Institute Manual MS-2, replacing the aggregates retained on the 26.5 mm Sieve and retained on the 22.4 mm Sieve, where approved by the Engineer-in-Charge. Tack Coat : Where specified in the Contract, or otherwise required by the Engineer, a tack coat shall be applied. Mixing and Transportation of the Mixture : The provisions as specified in item and MORTH specification shall apply. 55 Spreading : The general provisions shall be as per MORTH specifications . Rolling : general provisions shall be as per MORTH specifications. Opening to Traffic : The newly laid surface shall not be open to traffic for at least 24 hour after laying and completion of compaction, without the express approval of the Engineer-in-Charge in writing. Surface Finish and Quality Control : The surface finish of the completed construction shall conform to the requirements of ‘Clause 9.2 and provisions set out in Section 900 of MORTH specification’. Arrangements for Traffic : During the period of construction, arrangements for traffic shall be made by the contractor. Measurement for Payment : DBC measured as finished work in cubic meters, correct to two places of decimal. Rate : The rate include the cost of material, labour and equipments, involved in all the operations described above. EARTH WORK EARTH WORK IN FILLING Earth work in filling in banks shall be done in layers, each layer not exceeding 20 cm in thickness and should be properly watered to maintain the optimum moisture content. Consolidation of every 3rd layer (alternate layer) and the top-most layer should be done with power roller of minimum 80- 100 KN capacity and got approved by Engineer-in-Charge before compacting the next layer. Required quantity of earth should be obtained from borrow-pits, the sites of which should necessarily be approved by Engineer-in-Charge. No borrow-pits should be dug within 4.5 m of toe of the final section of the embankment. Necessary witness should be left for the purpose of measurement of quantity of earth excavated and used in embankment. Proper profiles of embankment shall be maintained. Requisite allowance in height varying from 25 – 50 mm as directed by Engineer-in-Charge shall be left for settlement. Side slopes shall be maintained strictly as per drawings. Earthwork in filling shall be measured in compacted volume of finished work in cubic metres. Fly ash for structural fill applications can be obtained as conditioned fly ash from a silo or as ponded fly ash from a pond or a stockpile. Silo fly ash can be delivered with close controls on moisture content and grain size distribution. Conversely, the moisture content or grain size distribution of ponded or stockpiled ash can vary considerably depending upon its location within the pond or stockpile. Therefore, using ponded or stockpiled ash may require several series of laboratory tests. If fly ash from more than one source is being used on the project at the same time, it is preferable to place and compact the ashes separately. Because of its self-hardening properties, high calcium ash is typically stored dry in silos and hauled to the construction site in pneumatic tank trucks, or is removed from a pond or temporary stockpile. This procedure may not be necessary if the site is close enough to the plant to allow the ash to be hauled in the moistened condition. Site conditions. As with any embankment project, standard geotechnical techniques are used to evaluate subsurface soil and groundwater conditions. The two most important subsurface characteristics affecting embankment construction and performance are shear strength and compressibility of the foundation soils. Fly Ash in filling in banks shall be done in layers like Earth, each layer not exceeding 20 cm in thickness and should be properly watered to maintain the optimum moisture content. Consolidation of every 3 rd layer (alternate layer) and the top-most layer should be done with power roller of minimum 80-100 KN capacity and got approved by Engineer-in-Charge before compacting the next layer. Required quantity of Fly Ash should be obtained from BTPS, the site of which should 56 necessarily be approved by Engineer-in-Charge. No Fly Ash-pits should be dug within 4.5 m of toe of the final section of the embankment. Necessary witness should be left for the purpose of measurement of quantity of Fly Ash excavated and used in embankment. Proper profiles of embankment shall be maintained. Requisite allowance in height varying from 25 – 50 mm as directed by Engineer-in-Charge shall be left for settlement. Side slopes shall be maintained strictly as per drawings. Fly Ash in filling shall be measured in compacted volume of finished work in cubic metres. EARTH WORK IN EXCAVATION General All excavation shall be carried out in conformity with the lines, grades, side slopes and levels shown on the drawings or as directed by the Engineer-in-Charge. The contractor shall not excavate outside the limits of excavation. After excavation, the sides of excavated area shall be trimmed and the area contoured to minimize erosion and ponding, allowing for natural drainage to take place. Rock, when encountered in road excavation, shall be removed upto the formation level. Rocks and large boulders which are likely to cause differential settlement and also local drainage problems should be removed to the extent of 500 mm below the formation level in full formation width. WATER BOUND MACADAM (SUB – BASE / BASE COURSE) SCOPE This work shall consist of clean, crushed aggregates mechanically interlocked by rolling and bonding together with screening, binding material where necessary and water laid on a properly prepared sub grade and finished in accordance with the requirements of these specifications and in close conformity with the lines, grades, cross-sections and thickness as per approved plans or as directed by Engineer-in-Charge. It is not desirable to lay Water Bound Macadam on an existing thin black topped surface without providing adequate drainage facility for water that would get accumulated at the interface of exiting bituminous surface and WBM. MATERIALS Coarse Aggregate Coarse Aggregates shall conform to the grading requirement as set forth in Table–5 Table – 5 Size of Aggregate IS Sieve Designation % by Weight Passing IS Sieve Grade – I (45 mm to 90 mm) 100 mm 100 80 mm 65-85 63 mm 25-60 40 mm 0-15 20 mm 0-05 Grade – II (45 mm to 63 mm) 80 mm 100 63 mm 90-100 50 mm 35-70 40 mm 0-15 20 mm 0-05 57 M-16 Stone: 16.1 The stone shall be of the specified variety such as Granite/Trap Stone/Quartzite or any other type of good hard stones. The Stones shall be obtained only from the approved quarry and shall be hard, sound, durable and free from defects like cavities, cracks, sand holes, flaws, injurious veins, patches of loose or soft materials etc. and weathered portions and other structural defects or imperfections tending to affect their soundness and strength. The stone with round surface shall not be used. The percentage of water absorption shall not be more than 5% of dry weight, when tested in accordance with I.S. 1134-1974. The minimum crushing strength of the stone shall be 200 Kb/Sq. Cm. unless otherwise specified. Bricks: 4.1 The bricks shall be hand or machine molded and made from suitable soils and klinburnt. They shall be free from crack and nodules of free lime. They shall have smooth rectangular faces with sharp corners and shall be of uniform color. The bricks shall be molded with a frog of 100 mm. x 40 mm. and 10 mm. to 20 mm. deep on one of its flat sides. The bricks shall not break when thrown on the ground from a height of 600 mm. Mild Steel Bars : 5.1 Mild steel bars reinforcement for R.C.C. work shall conform to I.S. 432 (Part-II) 1966 and shall be of tested quality. It shall also comply with relevant part of I.S. 456-1978. 18.2 All the reinforcement shall be clean and free from dirt, paint, grease, mill scale or loose or thick rust at the time of placing. High Yield Strength Steel Deformed Bars : 19.1 High yield strength steel deformed bars be either cold twisted or hot rolled, shall conform to I. S. 1739-1966 and I. S. 1139-1966 respectively. 19.2 Other provision and requirements shall conform to specification No. M-18 for mild steel bars. The shuttering shall be either of wooden planking of 30 mm. minimum thickness with or without steel lining or of steel plates stiffened by steel angles. The shuttering shall be supported on battens and beams and props of vertical bellies properly cross-braced together so as to make the centering rigid. In places of bullie props, brick pillar of adequate section built in mud mortar may be used. - 15 - 26.2 The form work shall be sufficiently strong and shall have camber, so that it assumes correct shape after deposition of the concrete and shall be able to resist forces caused by vibration of live load of men working over it and other incidental loads associated with it. The shuttering shall have smooth and even surface and its joints shall not permit leakage of cement grout. Providing and laying cement concrete 1:3:6 (1 cement : 3 coarse sand : 6 crushed stone aggregate 20 mm. nominal size) and curing complete including cost of form work in wall caps/coping. 1.0 Materials & Workmanship “ 1.1 The relevant specification of item No. 5.3.2 (A) shall be followed except that the work shall be carried out for coping and wall caps, except the stone aggregate 20 mm. nominal size shall be used for the concrete work of wall caps/coping. 2.0 Mode of measurement and payment : 2.1 The relevant specifications of item No. 5.3.2 (A) shall be followed except that the rate includes cost of necessary form work. 2.1 The rate shall be for a unit of one cubic meter per meter. The rate includes cost of all materials and labor required to complete the item. 2.2 The rate shall be for a unit of one sq. meter. 5.3.13 Providing and laying cement concrete 1 : 2 : 4 (1 cement : 2 coarse sand : 4 graded stone aggregate 20 mm. nominal size) and curing complete excluding cost of form work in (A) foundation and plinth, (B) Independent piers, columns and pillars upto floor two level. 1.0 Materials : Water shall conform to M-1. Cement shall conform to M-3. Sand shall conform to M-6. Grit shall conform to M-8. Graded stone aggregate 20 mm. nominal size shall conform to M-12. 2.0 General : 2.1 The concrete mix is not required to be designed by preliminary tests. The proportion of the concrete mix shall be 1 : 2 : 4 (1 cement : 2 coarse sand : 4 graded stone aggregate 10 mm. nominal size) by volume. Concrete work shall have exposed concrete surface or as specified in the item. Coursed rubble masonry with stone of approved quality in foundations and plinth in cement mortar 1 : 4 (1 cement : 4 coarse sand) etc. complete. 1.0 Materials & Workmanship : The relevant specifications of item No. 7.17(A) shall be followed except that the proportion of mortar shall be C.M. 1 : 4 (1 cement : 4 coarse sand). 2.0 Mode of measurements & payment : 2.1 The relevant specifications of item No. 7.17(A) shall be followed. 2.2 The rate shall be for a unit of one cubic meter. 58 Lo?kks”k.kk i= Annexure-I I.D.T.-3 eSa------iq= Jh ------fuoklh ¼LFkk;h irk½ ------vLFkk;h irk½------dk fuoklh gwWaA eSa ‘kiFkioZd fuEu ?kks”k.kk djrk gWaw %& 1- eSa flapkbZ foHkkx dk ,,@,@ch@Lkh@Mh Js.kh dk iathd`r Bsdsnkj gWwa@ugha gWwaA ¼foHkkx }kjk fuxZr Js.kh laca/kh izek.k i= layXu fd;k tk;s½A esjs ikl Ik;kZIr py vkSj vpy lEifRRk gS vkSj O;olkf;d :Ik ls eSa flapkbZ foHkkx ds dk;ksZ dks iwjk djus ds fy;s l{ke vkSj leFkZ gsWawA esjs ikl vko’;d e’khusa vkSj midj.k vkfn Hkh gSa rFkk eq>s bl dk;Z dk Ik;kZIr vuqHko gSA 2- flapkbZ foHkkx }kjk tks ¼ dk;Z dk uke fy[kk tk;s½------djkus dh fufonk fuxZr dh xbZ gS] mlds fy;s eSa foHkkx }kjk fu/kkZfjr izk:Ik ij fufonk Hkj jgk gWawA 3- esjs }kjk fn;s tk jgs izek.k i= pfj= izek.k i=@gSfl;r izek.k i=@vk;dj izek.k i=@O;kikj izek.k i=@chM flD;ksfjVh izek.k i=@ chM dSfiflVh izek.k i= tekur /kujkf’k vkfn dk izek.k i= rFkk vU; lqlaxr vfHkys[k vkfn LdSu dj viyksM dj nh x;h gSA 4- eSjk iSu ua0------gS rFkk vk;dj foHkkx }kjk iznRr uohure vk;dj izek.k i= layXu gSA 5- esjs fo:) vkijkf/kd eqdneksa dk fooj.k fuEu izdkj gSA ;gka iwjk fooj.k fn;k tk;sA 1- eqdnek ua0------2- /kkjk;sa------3- Fkkuk------4- tuin------5- U;k;ky; ¼tgkWa eqdnek py jgk gS½------ 6- eSa flapkbZ foHkkx vFkok jkT; ljdkj ds vU; foHkkxksa }kjk CySd fyLVsV Bsdsnkj dh Js.kh esa ugha vkrk gWwaA eSa vijkf/kd xfrfof/k;ksa] ekfQ;k rFkk xSaxLVj xfrfof/k;ksa vkSj laxfBr vijk/k djus dh xfrfof/k;ksa vkSj vlkekftd dk;ksZ vkfn esa fyIr ugha gWwaA eSa ekfQ;k vkSj vijk/kh ugha gWawA esjk pky&pyu dk;Z rFkk vkpj.k mRre gSA 7- esjs fo:) tuin esa rFkk izns’k esa dksbZ eqdnek ntZ ugha gSA 8- ;fn Bsdk izkIr djus ds Ik’pkr~ esjs fo:) ekfQ;k xfrfof/k;ksa@vlkekftd xfrfof/k;ksa ,oa laxfBr vijkf/kd xfrfof/k;ksa esa fyIr gksus ds ckjs esa dksbZ f’kdk;r izekf.kr ik;h tkrh gS rks l{ke vf/kdkjh dks ;g vf/kdkj gksxk fd og esjk Bsdk@vuqcU/k fujLr dj nasA bl ij eq>s dksbZ vkifRr ugha gksxhA esjs }kjk ;fn foHkkx@jkT; ljdkj ds fo:) dksbZ vijkf/kd d`R; fd;k tkrk gS vFkok ljdkj /ku dk xcu fd;k tkrk gS rks l{ke vf/kdkjh dks ;g vf/kdkj gksxk fd og esjs fo:) vijkf/kd eqdnek fu;eksa ds vUrxZr ntZ djk;sa A 9- eSa vuqcU/k dh ‘krksZ ds vuqlkj le; ls] iwjh xq.koRrk ds lkFk rFkk fu/kkZfjr fof’kf”V;ksa ds vuq:Ik dk;Z iwjk d:axk vkSj foHkkx dks iwjk lg;ksx iznku d:axkA 10- esjk dk;Z ,oa vkpj.k mRre gSA 11- eSa ‘kiFkiwoZd ?kks”k.kk djrk gWwa fd esjk LFkk;h irk vkSj vLFkk;h irk fuEu izdkj gS %& 1- LFkk;h irk ¼nwjHkk”k lfgr½------2- vLFkk;h irk ¼nwjHkk”k lfgr½------¼;gkWa iwjk irk nwjHkk”k lfgr ,oa fiudksM lfgr fy[kk tk;s½ 12- eSa ‘kiFkiwoZd ?kks”k.kk djrk gWwa fd eSa mijksDr irs ij jgrk gWWaw rFkk foHkkx }kjk iznku fd;s x;s dk;Z dks iwjk gksus rd esjs fdlh irs esa lkekU;r% dksbZ ifjorZu ugha gksxkA ;fn vifjgk;Z ifjfLFkfr;ksa esa fdlh irs esa ifjorZu gksrk gS rks bldh lwpuk eSa rRdky vf/k’kklh vfHk;Urk flapkbZ foHkkx vkSj ftyk eftLVªsV dks nwWaxkA 13- eSa ;g Hkh ?kks”k.kk djrk gWwa fd foHkkx ds ftl dk;Z ds fy;s esjs }kjk Bsdk fy;k tk jgk gS mlds lkis{; py ,oa vpy lEifRRk dk gSfl;r izek.k i= ftyk eftLVªsV@dYkSDVj ¼tuin dk uke fy[kk tk;s½------}kjk izkIr djds ewy:Ik ls layXu fd;k tk jgk gSA ;g Hkh ?kks”k.kk djrk gWwa fd bl gSfl;r izek.k i= dk mi;ksx vU; dk;ksZ ds fy;s ugha fd;k tk;sxkA 14- flapkbZ foHkkx ds fdlh Hkh voj vfHk;Urk@lgk;d vfHk;Urk@vf/k’kklh vfHk;Urk@v/kh{k.k vfHk;Urk ;k vU; dksbZ LVkQ dk dksbZ Hkh utnhdh fj’rsnkj esjs@gekjs ;gkWa lsokjr ugha gSA 59 15- eSa ;k esjh QeZ@dEiuh ftlesa eSa Lo;a funs’kd@ikVZuj@ekfydkuk gd gS us dgha Hkh dk;Z fd;k gS] dHkh Hkh esjs uke ls tqM+h dEiuh ftlesa eSa funs’kd@ikVZuj jgk gWwa] CySd fyLVsM ;k fnokfy;k ?kksf”kr ugha fd;k x;k gWwaA 16- esjk iSu ua0------gS rFkk vk;dj foHkkx ls uohure dj fu/kkZj.k o”kZ dk vk;dj izek.k i= ¼QkeZ 16½ dh lR;kfir izfr layXu gSA 17- eSa viuh iw.kZ tkudkjh esa iwjs gks’kks&gok’k esa] LOLFkfpRr ls] iwjh lR;fu”Bk ls rFkk LosPNk ls ;g ‘kiFk i= fy[kdj ns jgk gWawA bZ’oj esjh enn djsaA layXud& uohure vk;dj fu/kkZj.k o”kZ dk QkeZ 16 fnukad ‘kiFkh dk iwjk gLrk{kj iwjk uke irk uksV& 1- ;g Lo?kks”k.kk ‘kiFk i= 100-00 ¼,d lkS :Ik;s½ ds LVkEi isij ij uksVjh }kjk lk{;ksa dh mifLFkfr esa lR;kfir djkrs gq, fn;k tk;sxkA 2- vlR; ‘kiFk i= nsuk ,d laxhu vkSj laKs; vijk/k gSA 3- lacaf/kr O;fDr }kjk ikLkiksVZ lkbZt dk viuk QksVksxzkQ tks jktif=r vf/kdkjh }kjk izekf.kr gks] ‘kiFk i= ds Åij fu/kkZfjr LFkku ij pLik fd;k tk;sxkA 60 SCHEDULE-B SCHEDULE OF MATERIALS TO BE SUPPLIED BY GOVERNMENT S.No. Item of Store Unit Rate of issue Penal Rate Place o f excluding Taxes excluding Issue in Rs. Taxes in Rs. 1 2 3 4 5 ------NIL------ 2. Material if available in the store of the Department may be issued at stock issue rate if considered necessary and approved by the Engineer-in-Charge. 3. The Government will issue the material at the place shown in schedule above. In case the material is issued from stores other then specified above, difference in cartage charges involved from the site of issue specified above and site of actual issue to work site shall be paid or deducted from the contractor’s bill according to the prevalent schedule of rates of the circle. If Govt. do not issue the above material then the contractor will have to arrange the material of approved brand as per direction of engineer in-charge and no extra cost shall be paid for the arrange materials. 4. Contractor shall make his own arrangement of cartage form store to site of work. He shall be responsible for any loss to the cement due to rain or dampness form ground or otherwise including pilferage. 5. The contractor will nominate his authorized agent for signing receipts shall be treated signed by the contractor himself. 6. The contractor shall not be allowed to procure the material listed in the schedule above from any other sources Engineer-in-Charge permits such procurement on account of non- availability of the materials in the Department stores. 7. E.C.Bags shall be returned in good condition, otherwise recovery shall be made with double rate i.e.@Rs. 8.00/- +Taxes per bag. 8. Recovery of cement for excess cement consumption shall be [email protected] + Taxes per bag. Assistant Engineer Executive Engineer Head Works Division Agra Canal Head Works Division Agra Canal Okhla, New Delhi-110025 Okhla, New Delhi-110025 61 SCHEDULE-C SCHEDULE OF CONSUMPTION OF MATERIALS S.No. Item of Work Unit Consumption Remark of Cement 1. Cement Concrete (a) M-15 (1 : 2 : 4) Cum 0.275 MT. (b) M-20 Cum 0.370 MT. ( c) M-25 Cum 0.403 MT. (d) M-30 Cum 0.407 MT. (e) M-35 Cum 0.422 MT. With plasticizer (f) M-45 Cum 0.422 MT. With plasticizer Note : 1. Consumption of cement is given for crushed aggregates. 2. Consumption of cement is subjected to change on the basis of mix design. 3. Adjustment of variation in cement shall be made, plus or minus on the basis of consumption given in Schedule-C. 4. Plasticizes will be issued to the contractor free of cost as & when required by department. Executive Engineer HeadWorksDivisionAgraCanal Okhla, New Delhi-110025 62 SCHEDULE - D SCHEDULE OF HIRING OF EQUIPMENT BY CONTRACTOR No equipment shall be provided by the department. Signature of Tenderer/Contractor 63 SCHEDULE – E CERTIFICATE OF RELATIONS Certified that names of my/our relatives employed in Irrigation Department, Uttar Pradesh are as below: Sl. Name Designation Place of Posting Contact Address Note: The following are the relatives:- Father, Mother, Sister, Brother, Brother-in-law, Son, Daughter, Father-in-law, First Cousin of self, Wife, Daughter-in law and son-in-law. The list is not exhaustive but illustrative. Signature of Contractor Signature of Superintending Engineer 64 Contractors Address Slip Name of Work …………………………………………………………… ……………………………………… my address is given as below all the correspondence related the bond for the above referred work may be made with me on this address which shall be deemed the have delivered to me. Dated…………………….. ……………………………….. Signature of Contractor Full Address…………………… …………………………………. ……………….…….………….. Phone No………………………