GOVERNMENT OF

DEPARTMENT OF WATER RESOURCES

Upper Indravati Irrigation Project

BID DOCUMENT FOR THE WORK

Renovation and Restoration of Upper Indravati Right Main Canal under CLSRP from RD-41.10 Km to 83.706 Km.

CHIEF CONSTRUCTION ENGINEER UPPER INDRAVATI IRRIGATION PROJECT , KALAHANDI

.

1

PART-I (TECHNICAL BID)

CONTENTS Sl. Section No. Particulars Page No. No. 1 Section I Notice Inviting Tender & 2 to 9

Detailed Notice Inviting Tender

2 Section II Instruction to Bidders 10 to 22

3 Section III Qualification criteria 23 to 43

4 Section IV Forms and Annexures 44 to 72

5 Section V General Conditions of Contract 73 to 113

6 Section VI Special Conditions of Contract 114 to 120

7 Section VII Technical Specification 121 to 148

8 Section VIII Quality Control and Assurance. 149 to 157

9 Section-IX Drawings. 158 to 173

CONTRACTOR EXECUTIVE ENGINEER

2

SECTION -I NOTICE INVITING TENDER (NIT)& (DNIT)

CONTRACTOR EXECUTIVE ENGINEER

3

GOVERNMENT OF ODISHA OFFICE OF THE CHIEF CONSTRUCTION ENGINEER UPPER INDRAVATI IRRIGATION PROJECT AT/PO: MUKHIGUDA, DIST: KALAHANDI, ODISHA, PIN: 766026

Tel No. 06673- 252206 e-Mail: [email protected] Tel No. 0674- 2310158 e-Mail: [email protected] 1. Type of Work: Canal Renovation Works under CLSRP. 2. Total No. of Works: 2 nos. 3. Estimated Cost: Rs.154.63 crores & Rs.163.12 crores. 4. Period of Completion: 24(Twenty-four) calendar months. 5. EMD: Rs.1, 54, 63,000.00 & Rs.1,63,12,500.00

Bid Amount Availability & Procurement Officer Bid Identification No. Submission of Bids on line.

CHIEF CONSTRUCTION ENGINEER From UPPER INDRAVATI IRRIGATION CCE,UIIP- Rs.154.63 20.04.2018, 10AM PROJECT, 01(01)/ 2018-19 crores AT/PO-MUKHIGUDA, DIST. to

KALAHANDI, ODISHA, PIN-766026 24.05.2018, 5.00 P.M.

CHIEF CONSTRUCTION ENGINEER From UPPER INDRAVATI IRRIGATION CCE,UIIP- Rs.163.12 20.04.2018, 10AM PROJECT, 01(02)/ 2018-19 crores AT/PO-MUKHIGUDA, DIST. to

KALAHANDI, ODISHA, PIN-766026 24.05.2018, 5.00 P.M.

Date of opening of technical bid: 28.05.2018 at 11.00AM in the o/o the Liaison Officer, UIIP, BJB Nagar, , Odisha. Date of opening of financial bid : To be decided after finalization of Technical Bid. Further details can be seen from the Govt. Website www.tendersorissa.gov.in Sd/- Chief Construction Engineer UIIP, Mukhiguda, Kalahandi

CONTRACTOR EXECUTIVE ENGINEER

4

GOVERNMENT OF ODISHA WATER RESOURCES DEPARTMENT OFFICE OF THE CHIEF CONSTRUCTION ENGINEER UPPER INDRAVATI IRRIGATION PROJECT AT/PO: MUKHIGUDA, DIST: KALAHANDI, ODISHA, PIN: 766026 Letter No. 1102 /(WE). Date : 10.04 .2018. To

The Deputy Secretary to Government Information and Public Relation Department Government of Odisha, Bhubaneswar. Sub. : Publication of e – Procurement Notice No. CCE, UIIP-01(01-02)/2018-19, Dt.10.04.2018.

Sir,

The e-Procurement Notice No.- CCE, UIIP – 01(01-02)/ 2018-19, Dt.10.04..2018 pertaining to the work under U.I.Right Canal Division No.I, Mukhiguda is enclosed here with for favour of your information and publication in two leading National English daily and two Odia daily on or before 20.04.2018 in two consecutive issues. Action may please be taken to consume minimum possible space for the publication.

The Advertising Agency may please be requested to the send the complimentary copies of the publications to the undersigned for necessary reference.

Encl. : e – Procurement Notice No.- CCE, UIIP – 01(01-02)/ 2018-19 (Soft Copy and Hard Copy)

YOURS FAITHFULLY Sd/-

Chief Construction Engineer UIIP, Mukhiguda, Kalahandi Memo No.1103/(WE) Date : 10.04.2018. Copy along with hard copy and soft copy of e-Procurement Notice forwarded to the Director, M&E, O/O Engineer-in-Chief, W/R, Odisha, Secha Sadan, Bhubaneswar for information and necessary action. The tender call notice may please be floated in the Deptt. Website (www.dowrorissa.gov.in) at an early date on or before 20.04.2018, 10.00AM.

Encl. e – Procurement Notice No. CCE, UIIP – 01(01-02)/ 2018-19 (Soft Copy and Hard Copy) & NIT 02 (Two) Nos Sd/- Chief Construction Engineer UIIP, Mukhiguda, Kalahandi Memo No.1104 (3)/(WE) Date : 10.04.2018. Copy along with copy of e-Procurement Notice submitted to the FA-cum-Addl. Secretary to Govt, DOWR, Bhubaneswar / Engineer-in-Chief, Water Resources, Odisha, Secha Sadan, Bhubaneswar / Chief Engineer and Basin Manager, IKB, Khatiguda for favour of information and necessary action. Encl.: e-Procurement Notice No. CCE, UIIP – 01(01-02)/ 2018-19 Sd/-

CONTRACTOR EXECUTIVE ENGINEER

5

Chief Construction Engineer UIIP, Mukhiguda, Kalahandi

Memo No.1105 (2)/(WE) Date : 10.04.2018.

Copy submitted to the Collector and District Magistrate, Kalahandi, / Superintendent of Police, Kalahandi for favour of information and necessary action.

Encl : e-Procurement Notice No. CCE, UIIP – 01(01-02)/ 2018-19 Sd/- Chief Construction Engineer UIIP, Mukhiguda, Kalahandi

Memo No.1106 /(WE) Date : 10.04.2018.

Copy to the Director, Printing, Stationery and Publication, Odisha Government Press, Madhupatna, Cuttack with a request to publish the notice in the next issue of Odisha Gazettee.

Encl : e-Procurement Notice No. CCE, UIIP – 01(01-02)/ 2018-19. Sd/- Chief Construction Engineer UIIP, Mukhiguda, Kalahandi

Memo No.1107 (17)/(WE) Date : 10.04.2018.

Copy to All Executive Engineers, under U.I.Irrigation Project/ FA & CAO, UIIP, Mukhiguda/ RAO, UIP, Khatiguda /Concerned file / Tender Call Register and Notice Board for information and wide circulation.

Encl : e-Procurement Notice No. CCE, UIIP – 01(01-02)/ 2018-19. Sd/- Chief Construction Engineer UIIP, Mukhiguda, Kalahandi Memo No.1108 /(WE) Date : 10.04.2018.

Copy to the Liaison Officer, UIIP, BJB Nagar, Bhubaneswar for information and necessary action.

Encl : e-Procurement Notice No. CCE, UIIP – 01(01-02)/ 2018-19. Sd/- Chief Construction Engineer UIIP, Mukhiguda, Kalahandi

CONTRACTOR EXECUTIVE ENGINEER

6

GOVERNMENT OF ODISHA OFFICE OF THE CHIEF CONSTRUCTION ENGINEER UPPER INDRAVATI IRRIGATION PROJECT AT/PO: MUKHIGUDA, DIST: KALAHANDI, ODISHA, PIN: 766026

Tel No. (06673) 252206 e-Mail: [email protected]

Bid Identification No. CCE, UIIP- 01(01-02) /2018-19 Letter No. 1109 Dated: 10.04.2018.

DETAILED NOTICE INVITING TENDER

Class / EMD Name of Work Bid Amount

(1) Class - Super Class having required qualification. Renovation and Restoration of Upper Rs.154.63 Crores Indravati Right Main Canal under CLSRP (Excluding GST) (2) EMD -Rs.1,54,63,000.00 from RD-00 Km to 41.10 Km.

(1) Class - Super Class

Renovation and Restoration of Upper Rs.163.12 Crores having required qualification. Indravati Right Main Canal Under CLSRP (Excluding GST) from RD-41.10 Km to 83.706 Km. (2) EMD -Rs.1,63,12,500.00

1. Period of Completion : 24 (Twenty-four) calendar months.

2. Particulars of Tender a) Name of Department : Department of Water Resources, Govt. of Odisha.

b) Tender Notice Number : BID Identification No.CCE, UIIP-01(01-02)/2018-19 3. (a) Form of Contract : P-1 Contract. (b) Qualification of Tenderers : Super Class and above. (c) Tender category : Canal Works. (d) EMD/Bid Security- Payment made through on-line. (e). Cost of Tender Document: Rs.10,000/- through on-line. (f) Bid Submission : Online. (g) Bid Validity : 90 days . (h) Date of publication in the website 20.04.2018 at 10.00 AM (i) Availability of tender online Start Date : 20.04.2018 at 10.00 AM (j) Availability of tender online Closing date : 24.05.2018, up to 05.00 PM. (k) Seek clarification start date : 20.04.2018. (l) Seek clarification last date (Before Pre-Bid meeting) : 03.05.2018, up to 5.00 PM. (m) On line bid submission start date`: 04.05.2018 at 3.00 PM (n) On line submission of bid

CONTRACTOR EXECUTIVE ENGINEER

7

Closing date : 24.05.2018, up to 05.00 PM. (o) Pre-Bid meeting with presentation By the bidders : 04.05.2018 at 11.00 AM in the O/o the Liaison Officer, Upper Indravati Irrigation Project, BJB Nagar, Bhubaneswar-14, Odisha. The intending bidders are requested to submit and explain a detailed power point presentation about their past experience in similar nature of work and methodology for executing the present work put to tender. (p) Technical Bid opening date : 28.05.2018 at 11.00 AM. (q) Place of Technical / financial Bid opening : O/O Liaison Officer, Upper Indravati Irrigation Project, BJB Nagar, Bhubaneswar-14 (r) Financial Bid opening date : The qualified bidders shall be intimated about the date of opening of Financial bid. (s) Authority Inviting Bid. : Chief Construction Engineer, Upper Indravati Irrigation Project,Mukhiguda. (t) Address : (1)-Chief Construction Engineer, Upper Indravati Irrigation Project, AT/PO: Mukhiguda, Dist- Kalahandi, Odisha. (2)-O/O the Liaison Officer, Upper Indravati Irrigation Project, BJB Nagar, Bhubaneswar-14, Odisha.

(u) Contact Details : Tel No. (06673) 252206 (0674) 2310158 e-Mail: [email protected] [email protected]

4.0 PRE-BID CONFERENCE 4.1 A Pre-Bid Meeting, open to all prospective bidders, will be convened by the Chief Construction Engineer, Upper Indravati Irrigation Project, Mukhiguda at 11.00 A.M. on 04.05.2018 in the O/o the Liaison Officer, Upper Indravati Irrigation Project, BJB Nagar, Bhubaneswar-14, Odisha. 4.2 The purpose of this meeting will be to discuss and answer to the queries related to the work that may be raised by the bidders at that stage. 4.3 The bidders are requested to submit any query in writing, FAX, on-line in e-procurement portal or e-mail to reach the office of Chief Construction, UIIP, Mukhiguda/Liaison Officer, UIIP, Bhubaneswar during the clarification seeking period as mentioned in NIT before Pre-Bid meeting. 4.4 Any modification of the bid documents that may become necessary as a result of the Pre-Bid Meeting shall be made by the NIO, by issuing an addendum to Bid Documents which eventually becomes a part of the Agreement for the work to be drawn. 4.5 The proceedings of the Pre-Bid Meeting will be uploaded in the website and treated as a part of bid document. No further information relating to Pre-Bid shall be provided to the bidders. 5.0 OPENING OF TENDER The Technical Bids will be opened on 28.05.2018 at 11.00 AM in the office of the Liaison Officer, UIIP, BJB Nagar, Bhubaneswar. Intending bidders or their authorized representatives who wish to participate in online tender opening can log on to www.tendersodisha.gov.in on the due date and time after online opening of the bid by the authorized officer. The bidders who wish to remain present at Office of the Liaison Officer, UIIP, BJB Nagar, Bhubaneswar premises at the time of tender opening can do so. Only one authorized representative of each bidder will be allowed to remain present. The financial bid will be opened after approval of technical bids on intimation to the qualified bidders.

6.0 GENERAL INSTRUCTIONS 6.1 The cost of tender document will not be refunded under any circumstances.

CONTRACTOR EXECUTIVE ENGINEER

8

6.2 On-line payment of EMD only shall be accepted. 6.3 The offer shall be valid for ninety (90) days. The bidders are required to extend their validity before closing of the same. 6.4 Tenders without Tender document fees, Earnest Money Deposit (EMD), Affidavit showing the genuineness of the documents and which do not fulfill all or any of the condition or submitted incomplete in any respect will be rejected. 6.5 Conditional tender shall not be accepted. 6.6 The authority reserves the right to accept or reject any or all tenders without assigning any reason thereof. 6.7 The bid document shall form a part of contract and only required documents need to be uploaded during online bid submission for evaluation of bid. 6.8 The bidders are advised to go through the bid document in detail before uploading their bids. 6.9 The Bidder shall transfer the required amount of EMD (Bid Security) and cost of Bid by online through electronics payment as per Govt. of Odisha WDOM NO.17254/W Dt. 05.12.2017 as mentioned in DTCN.

6.10 Defects liability period:12 (Twelve) calendar months from the date of completion of the work. 6.11 The dates stipulated in the NIT are firm and under no circumstances they will be relaxed unless officially extended/modified. 6.12 Other terms and conditions shall be applied as per terms and condition of the tender documents. 6.13 Joint Venture bid is not acceptable. 6.14 The prospective bidders are requested to have a detailed inspection of the proposed site before submission of their pre-qualification bids. 6.15 Khariff water supply in the canal will be allowed every year during which the execution of the work is to be suspended. No claim in any form shall be entertained by the Department due to water supply. 6.16 GST on works contract as applicable at the time of payment shall be paid extra over the Gross amount of the running bill amount (vide section 15 and section 142 (11) (C) of Odisha GST Act 2017) 6.17 Prevailing rate of GST (Presently TDS-2%) on the gross amount of the bill will be deducted from the contractor’s bill as applicable on the date of payment where agreement value exceeds rupees two lakhs fifty thousand. (to be applicable as per Govt. Notification & amended from time to time) 6.18 1% (one percent) of the gross amount of the bill will be deducted from the contractor bill towards labour cess as per Odisha building and other construction workers (RE & CS) rule 2002 and amendment during 2008 and as amended by Govt. from time to time.

Further details can be seen from e-Procurement portal https://tendersodisha.gov.in

Sd/- Chief Construction Engineer UIIP, Mukhiguda Memo No. 1110(WE) / Dt :10.04.2018. Copy submitted to the Principal Secretary to Government, W.R. Department, Odisha, Bhubaneswar for favour of kind information. Sd/- Chief Construction Engineer UIIP, Mukhiguda Memo No. 1111 (3) / Dt : 10.04.2018 Copy submitted to the Engineer-in-Chief, W.R. Odisha, Bhubaneswar/ CE & BM, IKB, Khatiguda / Collector and District Magistrate, Kalahandi/ for favour of kind information and necessary action. Sd/- Chief Construction Engineer UIIP, Mukhiguda

CONTRACTOR EXECUTIVE ENGINEER

9

Memo No. 1112 (WE) / Dt : 10.04.2018 Copy forwarded to the Senior Scientist-D, State Portal, Information & Technology, Department, Odisha Secretariat, Bhubaneswar for information & necessary action. lt is requested to hoist the Tender Call Notice with identification No. CCE, UIIP- 01 /2018-19 in the official website of Govt. of Odisha http//www.odishagov.in on or before 20.04.2018. Encl: - CD-1 No.

Sd/- Chief Construction Engineer UIIP, Mukhiguda Memo No. 1113(WE) / Dt : 10.04.2018.

Copy forwarded to the Director, Monitoring, Office of the Engineer-in-Chief, Water Resources, Odisha, Bhubaneswar for information with a request to display the Tender Call Notice in the Govt. website of Water Resources Department www.dowrodisha.gov.in on or before 20.04.2018.

Encl: - CD-1 No.

Sd/- Chief Construction Engineer UIIP, Mukhiguda

Memo No. 1114 / Dt : 10.04.2018.

Copy forwarded to the Director, Printing, Stationery & Publication, Government Press, Madhupatna (O) Cuttack- 10 for information with a request to publish this notice in the next issue of the Odisha Gazettee.

Sd/- Chief Construction Engineer UIIP, Mukhiguda Memo No1115 (15) / Dt : 10.04.2018. Copy forwarded to the FA & C.A.O., UIIP, Mukhiguda / R.A.O. (P), UIIP, Khatiguda /Liaison Officer, UIIP, Bhubaneswar / All Executive Engineers under this Project for information & necessary action. Sd/- Chief Construction Engineer UIIP, Mukhiguda Memo No. 1116 (5) / Dt : 10.04.2018.

Copy to the Accounts Officer/ Works Branch/ Cash Section/ concerned work files/ Notice Board for information.

Sd/- Chief Construction Engineer UIIP, Mukhiguda

CONTRACTOR EXECUTIVE ENGINEER

10

SECTION – II INSTRUCTION TO BIDDERS (ITB)

CONTRACTOR EXECUTIVE ENGINEER

11

INSTRUCTION TO BIDDERS

2. SPECIAL ATTENTION.

2.1 The bids are invited on percentage basis with single point responsibility from intending bidders who are registered as super class contractor with Govt. of Odisha. Contractors registered in equivalent grade outside Odisha are also eligible. However, they shall get themselves registered in super class in the State of Odisha before signing of agreement. 2.2 All bidders are urged to submit a written/ online request immediately upon receipt of the tender documents for the matter where clarification and/ or additional information are desired, along with the details of work. All such request should reach the authority inviting tender at least two days before the Pre-Bid conference. 2.3 THE BIDDERS ARE ADVISED TO VISIT THE SITE BEFORE QUOTING THE RATES FOR PRICE BID. THEY CAN SEE THE TENTATIVE DRAWINGS RELATED TO THE RIGHT MAIN CANAL SYSTEM AS AVAILABLE WITH THE DEPARTMENT. THEY SHOULD ASCERTAIN ALL THE REQUIRED DATA FOR COMPLETION OF THE RENOVATION AND RESTORATION OF UPPER INDRAVATI RIGHT MAIN CANAL UNDER CLSRP. 2.4 Tender shall be opened as per procedure laid down in ITB. 2.5 All bidders are cautioned that bid containing any deviation from the contractual terms and conditions, specifications or requirements shall be rejected as non-responsive. 2.6 Conditional bid will be rejected outright. No condition shall be included in tender. 2.7 Alternative bids are not acceptable. 2.8 Evaluation of bid will be done when tender is considered responsive as per tender conditions. 2.9 Bidder shall have to declare regarding correctness of the information in tenders submitted in the prescribed format or provide an undertaking. 2.10 The Department reserves the right to qualify /disqualify any bidder without assigning any reason thereof. 2.11 Bidders shall be disqualified if they have made untrue or false representation in the forms, statements and attachments required in the bid documents;

OR

2.12 Record of poor performance either due to technical or financial or any other reasons. 2.13 If the bidder has submitted tender fee and EMD online & in hard copy, the request of the bidder for not opening of bid shall not be accepted in any circumstances. 2.14 If bidder has not submitted in original, tender fee and EMD off line, but same is scanned and submitted with his bid online or vice versa within stipulated period to Chief Construction Engineer, UIIP, AT/PO: Mukhiguda, Dist.: Kalahandi, Odisha, the bid shall be liable to be considered as non responsive.

CONTRACTOR EXECUTIVE ENGINEER

12

2.15 The bidder shall have to upload all required documents as per Clause No. 14 of Section – II of ITB duly scanned with his bid. Only scanned copy uploaded shall be considered. The bid shall be considered non–responsive if any required documents are not uploaded duly scanned during online submission of bid. 2.16 DEFINITIONS. 2.16.1 In this document the following words and expressions has the meaning hereby assigned to them. 2.16.2 Bidder: firm, Limited Company or Corporation. 2.16.3 Contractor: Shall mean the Bidder whose bid will be accepted by the Owner for the award of the Work and shall include such successful Bidder's legal representatives, successors and permitted assignees. 2.16.4 Government / Owner / Employer: Means the Government of Odisha / Department of Water Resources (or Employer or Owner). 2.16.5 Online: Any activity that is done on website is referred as ‘Online’ activity e.g., Submission of Technical Bid/Price Bid/EMD/Paper cost online would mean that the Technical bid/Price Bid /EMD/Paper cost has to be submitted on the prescribed website. 2.16.6 Offline: Any activity that is done in conventional route is referred as ‘Offline’ activity e.g., When submission of Earnest Money Deposit in Offline fashion would mean the Earnest Money Deposit is to be Submitted in Form of Fixed Deposit Receipt FDR /TDR/STDR and is to be physically sent to the concerned officer. 2.16.7 e-Tender: Tender in which one can participate online by means of logging on to the respective website. 2.16.8 Digital Signature: Any electronic document, which contains encrypted message digest using hash algorithm and Tenders public key is known as Digitally Signed Documents and the process of generating such document is called digitally signing it. 2.16.9 Scanned Copy: Electronic Copy of any document generated using a Scanner. 2.16.10 System: Means the computer which hosts the website (www.tendersodisha.gov.in) where bidders can participate in the tendering process online. 2.16.11 Upload: The process of transferring electronic document from bidder’s computer using internet connection to the website is called uploading. 2.16.12 Approved / Approval: Means approval in writing. 2.16.13 Construction Plant: Means all equipment, appliances or things of whatsoever nature required for the execution, completion or maintenance of the work or temporary works but does not include materials or other things intended to form or forming part of permanent work. 2.16.14 Contract: Means the instructions and information for bidders, general and special conditions, specifications, drawings, tender (including schedules of quantities & tender prices), the formal agreement and all addenda and attachments related to the above. 2.16.15 Drawings: Means the drawings referred to in the specifications, any modifications of such drawings approved in writing by the Chief Construction Engineer, UIIP, Mukhiguda and such other drawings as may from time to time be furnished or approved.

CONTRACTOR EXECUTIVE ENGINEER

13

2.16.16 Engineer/Engineer-in-Charge: Means the Executive Engineer in charge of the works, specified parts of the works under the contract or such other departmental Deputy Executive Engineers/ Assistant Executive Engineers/Assistant Engineers/ Junior Engineers to whom the Engineer-in-Charge may have delegated certain duties, acting separately within the scope of the particular duties entrusted to them. 2.16.17 The contractor will be given a copy of the Government / Department authorization designating the Engineer-in-Charge by designation and delegating him his authority at the time when contract is signed. It is however, to be distinctly understood that, no delegation of powers shall be made to such departmental assistants or subordinates, except in respect of supervision to ensure compliance of the contract conditions. 2.16.18 Contract Price: Means the agreed amount stated in the Contract Agreement for completion of “Renovation and restoration of Upper Indravati Right Main Canal under CLSRP from RD-41.10 Km to RD-83.706 Km.” 2.16.19 Contractor’s Equipment: Means all apparatus, machinery, vehicles and other things required & brought to site by the contractor, for the execution and completion of the works and the remedying of any defects. 2.16.20 Goods: Means Contractor’s Equipment, Materials, Plant and Temporary Works, or any of them as appropriate. 2.16.21 Materials: Means things of all kinds (other than Plant) intended to form or forming part of the Permanent Works, including the supply of materials (if any) to be supplied by the Contractor under the Contract. 2.16.22 Permanent Works: Means the permanent works to be designed and executed by the Contractor under the Contract. 2.16.23 I.S.S/ B.I.S: Means Indian Standard Specifications/ Bureau of Indian Standards. 2.16.24 Month: Means from the beginning of a given date of a calendar month to the end of preceding date of the next calendar month. 2.16.25 Week: Means seven consecutive days. 2.16.26 Rupees/`: Means Rupees of Indian Currency. 2.16.27 Site: Means the lands and other places on, under, in or through which, the works are to be executed or carried out and any other lands or places provided by the Owner for the purposes of the contract together with such other places as may be specifically designated in the Contract or subsequently approved as forming part of the site. 2.16.28 Executive Engineer: Means the Executive Engineer in overall charge of the works i.e. Engineer-in-Charge. 2.16.29 Temporary Works: Means all temporary works of every kind required for performance of the Contract. 2.16.30 Works: Means the works to be executed in accordance with the contract. 2.16.31 Country: Means the Country in which the site (or most of it) is located, where the Permanent Works are to be executed i.e. . 2.16.32 'Sub-Contractor' shall mean the person named in the Contract for any part of the Works or any person to whom any part of the Contract has been sub-let by the Contractor with

CONTRACTOR EXECUTIVE ENGINEER

14

the consent in writing of the Engineer-in-Charge and will include the legal representatives, successors and permitted assignees of such person. 2.16.33 'Consulting Engineer'/'Consultant' shall mean any firm or person duly appointed as such from time to time by the Owner. 2.16.34 'Specification' shall mean the Technical Specifications forming a part of the Contract and such other schedules and drawings as may be mutually agreed upon. 2.16.35 'Notice of Award of Contract'/'Letter of Award'/'Telex of Award' shall mean the official notice issued by the Owner notifying the Contractor that his proposal has been accepted. 2.16.36 'Date of Contract' shall mean the date on which both the parties have signed the Contract Agreement. 2.16.37 'Writing' shall include any manuscript, type-written or printed statement, under or over signature and/ or seal as the case may be. 2.16.38 'Codes' means all relevant codes prescribed by ISS / BIS required for completion of the work. 2.16.39 Words importing the singular only shall also include the plural and vice-versa where the context so requires. 2.16.40 Words importing 'Person' shall include firms, companies, corporations and associations or bodies of individuals, whether incorporated or not. 2.16.41 Terms and expressions not herein defined shall have the same meaning as are assigned to them in the Indian Sale of goods Act (1930), failing that in the Indian Contract Act (1872) and failing that in the General Clauses Act (1897). 2.16.42 CLSRP means Canal lining & System Rehabilitation Programme. It is a scheme formulated by Govt. of Odisha to be executed under State fund. 2.16.43 CLSRP Guidelines means the guidelines prepared by Government of Odisha for the scheme CLSRP. 2.16.44 HLTC mean High Level Technical Committee constituted by Govt of Odisha. 2.16.45 Pre Qualification Bid means technical Bid. 2.17 GENERAL DESCRIPTION OF THE WORK : The scope of work includes the following works A. Survey, Preparation of LS & DS as per CLSRP guidelines including fixation of benchmark pillars & RD pillars etc. B. Design of additional structures and rehabilitated structures. C. Quantity estimation. D. Pavers finish lining of the Right Main Canal from RD-41.10 Km to 83.706 Km. E. Protection, retaining, trough, slope packing in heavy cutting zone, catch water drains works etc as per BOQ. 2.17.1 Location of Worksite: 2.17.1.1 The Upper Indravati Irrigation Project which envisages of Right Main Canal and Left Main Canal having a length of 84 Km and 52 Km respectively along with Left Extension Main Canal of 43 Km and Right Extension Main Canal of 22 Km is situated in . 2.17.2 Transportation and Communication Facility:

CONTRACTOR EXECUTIVE ENGINEER

15

2.17.3 The work site is approachable to all weather roads on NH-26 connecting Junagarh & Moter. The Contractor has to make arrangement at his own cost to transport his equipments and labourers etc to work sites using existing net work of others roads and making /developing/ maintaining approach road as may be necessary for carrying out the work 2.17.4 General Information 2.17.4.1 The information and data related to work and site conditions described thereafter, represent the site condition in general. It shall be presumed that the contractor visits the sites of proposed works and satisfies himself as to the nature and location of work and local conditions is general and particularly about the availability of electrical power supply, water supply, storage and handling of materials, disposal of soil, road communication data and bore-hole date, availability of labour and other related matters, planning for execution etc before quoting his rates for different items of work. The department therefore will not bear any responsibility for any inference made by the contractor in respect of site conditions and consequence thereof. 2.17.5 Availability of Labour & their medical fitness. 2.17.5.1 Labour required for the works may be available to some extent in the vicinity of project area. It is preferable to engage local people as far as possible. However, the contractor must make his own arrangements for execution of works after proper assessment of availabilities and requirement of labour (both unskilled as well as skilled workmen). The agency shall obtain medical fitness of labourers engaged in the work from registered medical practitioners from the nearest medical or PHC and the same should be up dated monthly. No labourer without medical fitness should be engaged in the work. The Engineer-in-charge may verify such fitness from time to time. 2.17.5.2 Towns : 2.17.5.3 The nearest town to the construction site is /Junagarh/Bhawanipatna town, which is 9/60/90 Kms away. The nearest Rail Head is Junagarh Road / Bhawanipatna/ which is 60/90/125 kms form Division headquarters. The nearest air head is situated at Bhubaneswar which is 517 Kms and Raipur (Chhatisgarh) is 350 Kms away from Division headquarters. 2.17.5.4 Availability of Diesel and Lubricants : 2.17.5.5 Pumps for supply of Diesel, petrol & Other lubricants to public are available at Jaipatna/Junagarh/. 2.17.5.6 Electric Power For construction Purpose: 2.17.5.7 At present Electric supply is not available at work site. The contractor may take up works for electric supply at work site and /or make alternative arrangement to carry out the work .No compensation will be paid to the contractor due to failure of electricity to any or entire part of the work site resulting in stoppage of work and idle labour. The electric supply for domestic purpose as well as to crushers site, work site and to his labourers are the responsibility of the contractor. 2.17.5.8 Observance of Rules: 2.17.5.9 The contractor shall take all precautions to ensure safety to the workers. The Department will not take any responsibility for any accidents that may occur on the contractor’s installations. 2.17.5.10 The contractors shall take action to rectify the defects, if any in the installation pointed out by the Departmental Engineer in a reasonable time.

CONTRACTOR EXECUTIVE ENGINEER

16

2.17.5.11 Housing: 2.17.5.12 Private houses are not available at work site. Land for the construction of temporary houses by the contractor for his workers, labour and staff at his own cost and risk, will be made available to the extent Government land is available. 2.17.5.13 Medical Aid: 2.17.5.14 There is no hospital at work site. The District Medical is at Bhawanipatna and PHC at Jaipatna/Chiliguda/Kalampur. The contractor shall however make at his own cost for the first aid arrangements at various work sites, in accordance with the labour laws, rules and regulations and as directed by the Engineer-In-Charges. 2.17.5.15 Local Roads: 2.17.5.16 The existing approach roads to the site of work, to the extent available, can be used by the contractor. The contractor shall, however construct & maintain connecting roads within the working area and in his labour colony & areas including drainage crossings as may be required for the work in connection with the work. 2.18 COST OF BIDDING All costs and expenses incidental to preparation of the proposals, to attend discussion and conferences, if any, including pre-award discussion with the successful bidder, technical and other presentation including any demonstration, etc. shall be borne by the bidders and the Employer shall bear no liabilities whatsoever on such cost and expenses. 2.19 LANGUAGE OF TENDER Tender documents shall be submitted in prescribed form in English only. All literature or correspondence in connection with tender shall be made in English only. 2.20 BID VALIDITY:

2.20.1 Bids shall remain valid for a period of not less than Ninety (90) days from the last date of submission of Bids. 2.20.2 During the above mentioned period no plea by the Bidder for any sort of modification of the Bid based upon or arising out of any alleged misunderstanding of misconceptions or mistake or for any reason will be entertained. 2.20.3 In exceptional circumstances, prior to expiry of the original time limit, the Bid Inviting Officer may request the bidders to extend the period of validity for a specified additional period. Such request to the bidders shall be made in writing. A Bidder may refuse the request without forfeiting his E.M.D but his bid will be treated as “non-responsive”. A Bidder agreeing to the request will not be permitted to modify his Bid, but will be required to extend the validity of his E.M.D for a period of the extension. 2.21 METHOD OF TENDERING 2.21.1 If the tender is uploaded by an individual, it shall be digitally signed by the individual. 2.21.2 If the tender is uploaded by a proprietary firm, it shall be digitally signed by the proprietor. 2.21.3 If the tender is uploaded by a firm in partnership, it shall be digitally signed by a partner holding a registered power of attorney for the firm in which case a certified copy of the power of attorney shall accompany the tender, a certified copy of the partnership deed, full name, current address of the firm, current addresses of all the partners of the firm shall also accompany the tender. 2.21.4 If the tender is uploaded by a limited company or a corporation, it shall be digitally signed by a duly authorized person holding the power of attorney for signing the tender in which case a certified copy of the power of attorney shall accompany the tender. Such limited company or corporation may be required to furnish satisfactory evidence of its existence

CONTRACTOR EXECUTIVE ENGINEER

17

before the contract is awarded. They should also furnish Articles of Memorandum of Association. 2.21.5 Each bidder shall submit only one bid for the work. A bidder who submits more than one bid for the work will be disqualified.

2.22 EARNEST MONEY DEPOSIT (EMD) 2.22.1 EMD shall be Rs.1,63,12,500.00. The bidder shall transfer the required amount of EMD/Bid security and cost of Bid documents as mentioned for the specified work by Online through electronic receipt mode like internet banking/NEFT/RTGS of designated banks (SBI/ICICI Bank/HDFC Bank) and their aggregator banks as per Works Department O.M NO.17254/W Dt. 05.12.2017 as mentioned in DTCN. Bidders desirous to hire machineries or equipment from outside the State are required to furnish 2% of the amount put to tender as additional Bid security by online. The EMD must be paid in full without concession. The bids without stipulated EMD or with any shortfall in amount will be summarily rejected.

2.22.2 The EMD will be retained in the case of successful Bidders and will not carry any interest and will be dealt with as provided in the Bid. 2.22.3 Earnest money will be refunded to the qualified but unsuccessful bidders promptly after the work is awarded and contract signed. 2.22.4 The E.M.D. shall be forfeited in the following cases. 2.22.5 If the Bidder withdraws the Bid during the validity period of Bid. 2.22.6 In case of successful Bidder, if he fails to submit ISD as specified in Instructions to Bidder. 2.22.7 In the case of a successful Bidder, if he fails to sign the Contract for whatever the reason. 2.22.8 If required, the Department may request to extend the bid validity period. In such case the validity period of the EMD may be extended by the bidder for a further period requested by the department if the bidder agrees to extend the validity period of the bid. 2.22.9 In case of forfeiture of E.M.D., bidder shall be disqualified, portal registration will be blocked and action deemed fit shall be taken as per codal provisions. 2.23 ACCOMPANIMENTS TO TENDER 2.23.1 The bidder shall have to upload following legible documents duly signed digitally. 2.23.2 Scanned copy of the PAN and GSTIN. 2.23.3 Declaration showing the works in hand with the bidder and the value of works that remain to be executed in each case in prescribed forms required for evaluation of qualification of the bidder. 2.23.4 Scanned copy of the certificate of Registration as Approved Bidder of concerned State Government / Railway / CPWD / Government bodies. 2.23.5 Scanned copy of Demand draft towards tender document fee and Earnest Money Deposit. 2.23.6 Scanned copy of current year solvency certificate & Credit Facility available from any Nationalized Bank / Scheduled Bank so as to assess the capability of the bidder for execution of work. 2.23.7 The copy of power of attorney, if power is delegated for signing the bid to other person by the bidder. (As per Para 12 of Section-II) 2.23.8 Forms with Annexure shall have to be submitted in Electronic form and where the space / window of the prescribed form is not sufficient to fill required matter, bidder may submit the details in separate “scanned sheet”. In online submission, the bidders have to mention relevant form number in heading of above mentioned separate “scanned sheet”. 2.23.9 Other documents as mentioned in Tender Notice.

CONTRACTOR EXECUTIVE ENGINEER

18

2.23.10 All other documents mentioned in the tender documents in physical form shall also be uploaded. 2.24 SUBMISSION OF TENDER 2.24.1 The bidders shall submit their tender online only. In case of any failure, malfunction or breakdown of electronic system used during the e-procurement process, the tender inviting authority shall not accept any responsibility for failure or breakdown. 2.24.2 Suitable training will be given by State Procurement Cell, Nirman Soudh, Bhubaneswar to the bidders interested to know the procedure of bid submission on e-procurement platform. The telephone No is 18003456765 (Toll free), 0674-2530998. 2.24.3 The bidders would be required to register on the e-procurement market place www.tendersorissa.gov.in and submit their bids online. The Department will not accept any bid submitted in the paper form. The bidders should quote their Tender contract price at the prescribed field / place provided in the e-market place. 2.24.4 The bidder may ask question online in the e-procurement portal using his/her DSC, provided the questions are raised within the period of seeking clarification as mentioned in the particular of tender. The officer inviting tender will clarify queries related to the tender. 2.24.5 Intending bidders can contact the office of the Chief Engineer and Basin Manager, Indravati- Kolab Basin, Khatiguda Ph. No. (06858) 224276 for any clarification, information on any working day during working hours. No clarification will be entertained after the Pre-Bid meeting. 2.24.6 The bidders are requested to submit the bids in single stage with double covers. One cover (i.e Cover-I) is for Technical Bid and another cover (i.e Cover-II) is for Financial Bid. 2.24.7 Cover-I: Technical Bid: This will contain the following documents in three PDF files:

File–I: This shall contain Letter of Submission, Scanned copies of demand draft towards Cost of Bid documents, EMD, Registration Certificate, PAN, GSTIN, latest income tax return certificate, Declaration Affidavit, No Relationship Certificate, Power of Attorney, Information of Cost of Bid Document & EMD. File-II: This shall contain Assessed Available Bid capacity. Details of Financial Capability, List of works in hand, List of machinery & Equipments available for the work, similar nature of works executed, details of personnel to be engaged in this work, any other additional information, Solvency Certificate and any other document required as per bid documents. 2.24.8 Cover-II: Financial Bid: File-I-This will contain Price Bid and File –II- This shall contain Special Condition if any specifying mentioned by Officer Inviting tender . 2.24.9 The employer at its discretion can extend the last date for submission of tender by amending the bidding document in which case all rights and obligations of the employer and bidder will thereafter be subject to the last date as extended. 2.24.10 All duties, taxes, royalty, cess and other levies payable by the contractor as per State/Central Government rules, shall be deemed to have been included in the contract value quoted by the Bidder. 2.25 OPENING OF TECHNICAL BID 2.25.1 The Technical Bid will be opened on 28.05.2018 at 11.00 AM onwards on website www.tendersodisha.gov.in . Intending bidders or their representatives who wish to participate in online tender opening can log on to www.tendersorissa.gov.in on the due date and time after online opening of the bid by the authorized officer. The bidders who wish to remain present at office of the Office of the Liaison Officer, UIIP, BJB Nagar Bhubaneswar premises at the time of tender opening can do so. Only one representative of each firm will

CONTRACTOR EXECUTIVE ENGINEER

19

be allowed to remain present. The price bid will be opened after Government’s decision on Technical Bid of tender. All the statements, documents, certificates and technical proposals will be verified for evaluation. The clarification on particulars, if any required from the Bidders will be obtained by addressing the bidders. The bids will be evaluated against the specified parameter/criteria and the qualified bidders will be identified. 2.25.2 If any of the Bidders is not present at the time of opening of Bids, the Bid opening authority will, on opening the Bid of the absentee Bidder, read out and record the deficiencies if any, which shall be binding on the Bidder. 2.25.3 The bids not accompanying with required documents will be considered as Non Responsive. 2.25.4 To qualify for award of contract each Bidder who meets the minimum qualification criteria will be qualified only if his available bid capacity is more than the amount put to tender. The available bid capacity will be calculated as under: Assessed Available Bid capacity = (A*N*2 - B) Where, A = Maximum value of the turnover of the bidder in any one year during the last five years updated by giving 10% simple weight-age per year to bring it to the present 2018- 19 price level. N = Number of years prescribed for completion of the work for which bid is invited. B = Value of existing commitments of on-going works to be completed during the period of completion of the project up dating to the current year 2018-19 by giving 10% simple weight-age per year. 2.25.5 Department reserves the right to accept or reject any of the bid for qualification without assigning any reason thereof. 2.26 OPENING OF PRICE BID 2.26.1 On acceptance of the technical bid by the Bid Accepting Authority the date & place of opening of Price Bid shall be notified by the Bid Inviting Authority. The Price Bid of technically responsive bidders shall be opened on the notified date & time in presence of bidders or their authorized representatives who wish to be present. The details submitted by the bidders online in Cover-II: Financial Bid shall be opened. 2.27 PROCESS TO BE CONFIDENTIAL 2.27.1 Information relating to the examination, clarification, evaluation and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced by the Bid accepting authority. 2.27.2 Any effort by a Bidder to influence the processing of Bids or award decisions may result in the rejection of his Bid. 2.27.3 No Bidder shall contact the bid inviting authority or any authority concerned with finalization of Bids on any matter relating to its Bid from the time of the Bid opening to the time the Contract is awarded. 2.27.4 Before recommending/accepting the Bid, the Bid recommending/accepting authority shall verify the correctness of certificates submitted to meet the eligibility criteria and specifically experience. The authenticated contracts of previous works executed by the lowest Bidder shall be called for. 2.27.5 If the contract price quoted by a Bidder is found to be either abnormally high or within the reasonable limits but under collusion or due to unethical practices adopted at the time of Bidding process, such Bids shall be rejected. 2.28 AWARD OF CONTRACT

CONTRACTOR EXECUTIVE ENGINEER

20

2.28.1 Chief Construction Engineer, Upper Indravati Irrigation Project, Mukhiguda, Kalahandi, Odisha after evaluation of price bid shall recommend to the Competent Bid Approving Authority for approval of the bid of the Bidder who is found qualified as per the Bid conditions and whose price bid is evaluated as the lowest responsive bidder. 2.28.2 The Bid approving authority reserves the right to accept or reject any Bid or all Bids and to cancel the Bidding process, at any time prior to the award of Contract, and shall not bear any liability for such decision and shall not have obligation to inform the affected Bidder of the reasons. 2.28.3 The Bidder whose Bid has been accepted will be notified of the award of the work by the Bid inviting authority, prior to expiry of the Bid validity period by registered letter/Speed Post. This letter (hereinafter and in the Contract called “Letter of Acceptance”). 2.29 INITIAL SECURITY DEPOSIT (ISD) 2.29.1 When a Bid is to be accepted, the concerned Bidder shall attend the office of the Engineer-in- Charge concerned on the date fixed in the Letter of acceptance. Upon intimation being given by the Chief Construction Engineer of acceptance of his Bid, the successful Bidder shall have to pay initial security deposit (ISD). 2.29.2 The bidder shall enter into a contract in the form prescribed by the department for the due fulfillment of the contracts. Failure to attend the Engineer-in-Charge office on the date fixed, in the written intimation, to enter into the required contract shall entail forfeiture of the Earnest Money deposited. The written contract entered into between the contractor and the Government shall be the foundation of the rights and obligations of both the parties and the contract shall not be deemed to be complete until the contract has first been signed by the contractor and then by the proper officer authorized to enter into contract on behalf of the Government. 2.29.3 The successful Bidder has to sign the contracts within the date specified in the letter of acceptance. The issue of letter of acceptance shall be treated as closure of bid process and commencement of the contract process. On failure to do so his Bid will be cancelled duly forfeiting the E.M.D., paid by him without issuing any further notice and action will be initiated for black listing the Bidder. 2.29.4 The date of signing of the Agreement shall not be treated as date of commencement of work. 2.29.5 The bidder has to deposit 2% ISD at the time of signing of the agreement in shape of FDR /TDR/STDR/from any Nationalized Bank located anywhere in the country with branches at Bhawanipatna/ Bhubaneswar with facility of authentication & encashment duly pledged in favour of Executive Engineer, Upper Indravati Right Canal Division No. I, Mukhiguda, Dist.- Kalahandi Odisha in the standard format provided in the tender document valid up to 3 (three) months beyond the date of completion of the defect liability period. .The EMD will be returned back after signing of the agreement. 2.30 CONSTRUCTION PROGRAMME 2.30.1 The Bidder shall include in his Bid, a detailed construction programme of executing the project, describing broadly the Technology and Construction Methodology of Major Components of the Project including survey, investigation at the time of drawl of agreement which will form a part of the agreement. 2.31 SPECIFIC ISSUES 2.31.1 Every Bidder is expected, before quoting his bid, inspect the site of proposed work. He should also inspect the quarries including borrow area and satisfy himself about the quality and

CONTRACTOR EXECUTIVE ENGINEER

21

availability of materials. The best class of materials to be obtained from quarries, or other source shall be used on the work. In every case the material must comply with the relevant standard specifications. Samples of materials as called for in the standard specifications or in the Bid notice or as required by the Executive Engineer, in any case shall be submitted for the Executive Engineer's, approval before the supply to site of work is begun. 2.31.2 The contractor should closely peruse all the specifications clauses, which govern the bid he is bidding. 2.31.3 The contractor is responsible for the quality of works executed. If any defects are noticed during execution of the work and the defect liability period after completion of works, the contractor has to rectify at his own cost. 2.31.4 A Bidder submitting a quotation which the Bid accepting authority considers excessive and or indication of insufficient knowledge of current Prices or definite attempt of profiteering will render himself liable to be debarred permanently from Bidding or for such period as the Bid accepting authority may decide. 2.31.5 A prospective bidder is expected to examine all instructions, terms & conditions, forms and specifications in the Bid Document and fully inform himself as to all the conditions and matters which may in any way affect the works, his bid or the cost thereof. Further, failure of furnishing all information required by the Bid Document or submission of incomplete offers, conditional bids containing deviations from the bid document shall be rejected as non- responsive. 2.31.6 It will be imperative for each Bidder to fully inform himself of all local conditions and factors which may have any effect on the execution of the Works covered under the specifications and documents. In their own interest, the bidders are particularly requested to familiarize themselves with the prevailing Income Tax Act, Companies Act, Customs Act, prevailing Labour Laws and other related Acts and Law. 2.31.7 Further, the bidders are requested to comply with the Insurance Act including Workmen's Compensation Act and third party insurance and other relevant provisions particularly with reference to the requirements of taking insurance for storage, Civil, Structural, till the project is handed over to Employer. Employer shall not entertain any request for clarification from the bidders regarding such local conditions. It must be understood and agreed that such factors have properly been investigated and considered by the bidders while submitting their bids. Failure to do so will not relieve the bidders from responsibility for estimating properly the cost of successfully performing the work and completion time required for the Work. Employer will assume no responsibility for any understanding, or representation concerning conditions made by any of its officers or agents prior to award of the Contract. 2.31.8 Survey, Investigation, Designs, Technical Specifications and Technical Parameters shall conform to Bureau of Indian Standard Codes and/or International Standards & practices/C.W.C. Manuals/IRC Codes/Odisha Govt. Department specifications/ Circulars issued by Department from time to time and technical specification of the bid documents. 2.31.9 It is understood that all plant, equipment, and works connected with the normal efficient execution of the Project are covered in the scope, brought out in Bid Documents. In case of decisions to be taken on issues relating to technical matter of planning, design & construction, decision of Chief Construction Engineer is final & binding on the contractor. 2.31.10 While working out their price bid, the bidders are required to take into account entire scope of the work defined in Bid documents, additional Infrastructure and other related activities, whatsoever required.

CONTRACTOR EXECUTIVE ENGINEER

22

2.31.11 Bidder shall also include in his price bid, cost of de-mobilization and shipping back the construction equipment and other equipment/materials etc. from the Project Site.

*****

CONTRACTOR EXECUTIVE ENGINEER

23

SECTION – III QUALIFICATION CRITERIA

CONTRACTOR EXECUTIVE ENGINEER

24

TECHNICAL BID

3 Submission of Technical Bid

3.1 Submission of Technical bid documents in separate folder are to be uploaded in the Govt. web- site www.tendersodisha.gov.in during the period specified in the Notice and be clearly marked TECHNICAL BID FOR THE WORK “Renovation and Restoration of Upper Indravati Right Main Canal under CLSRP from RD-41.10 Km to 83.706 Km.” 3.2 Failure to provide information, which is essential to evaluate the bidders qualifications or to provide timely clarification or substantiation of the information supplied may result in disqualification of the bidder.

3.3 A Pre-Bid meeting will be held on 04.05.2018 at 11.00 AM in the Office of the Liaison Officer, UIIP, BJB Nagar, Bhubaneswar, Dist: Khorda at which prospective bidders may request clarification of the Project requirements and criterion for qualification and clarification on work tendered. The intending bidders are requested to submit and explain a detailed power point presentation about their past experience in similar nature of works and methodology for executing the present work put to tender.

3.4 Corresponding Financial Bid shall also be uploaded along with Technical Bid in two separate covers duly super scribing “Financial Bid / Technical Bid”.

3.5 Qualification criterion for evaluation of Technical Bid.

3.6 Bids from joint ventures are not acceptable.

3.7 The Bid shall include following information and documents which are to be scanned and uploaded. 3.7.1 Copy of valid contractor’s registration certificate, PAN card, GST Registration Certificate, VAT clearance certificate in form VAT-612 if (i) the contractor or firm is already doing business in the State of Odisha or (ii) undertaking in the form of an affidavit indicating there in that he/they is/are not registered under VAT act as he/they has/have not started any business in the state of Odisha and as such may have no liability under the act and also undertake that the GSTIN certificate will be produced before award of final contract (whichever is applicable). Undertaking in the form of an affidavit to produce Labour License before award of final contract has to be furnished. 3.7.2 Copies of original documents defining the constitution or legal status of place of registration and principal place of business, written power of attorney of the signatory (if applicable). 3.7.3 Major construction equipment to be deployed to carry out the contract. The contractors are required to furnish evidence of ownership of principal machineries/equipments for only those machineries/equipments asked for in the tender documents. (Proforma at Table-IV of qualification information.) 3.7.4 In case of the contractor, executing several works he is required to furnish a time schedule for movement of equipment/machineries from different sites to this work site when work is to be executed. (The date of commencement of work may be taken as 90 (ninety) days approximately from the date of opening of Tender). 3.7.5 The contractor shall furnish ownership documents for those machineries, which he is planning to deploy for the work tendered. 3.7.6 In case the contractor proposes to engage the machineries and equipments as asked for in the tender documents owned or hired but deployed outside the State he/she is required to furnish additional 1 % as EMD/Bid Security by online .The bid security including the additional bid

CONTRACTOR EXECUTIVE ENGINEER

25

security shall stand forfeited in case the contractor fails to deploy the machinery within the stipulated time as per the tender document. 3.7.7 Contractor intending to hire/lease equipments/machineries are required to furnish proof of ownership from the Company/persons providing equipment and lease deed and duration of such contract. 3.7.8 Details about work asked for in this booklet in different Table /Format duly filled and uploaded so as to form part of the Technical Bid. 3.7.9 The bidders must demonstrate having experience and resources to meet the aggregate of qualifying criteria for individual work for which he is bidding. 3.7.10 To qualify for contract the bidder should satisfy the following criteria –

a) Annual Turnover :

To qualify for award of the contract, each bidder in its name should have in the last five years ( from FY 2013-14 to FY 2017-18) achieved minimum annual turnover ( In all classes of Civil Engineering construction works only) of Rs.122.35 Crore at FY 2018-19 ( FY of invitation of tender) price level in any one financial year ( one and half times of the estimated annualized cost of tender) ( Attested copy of certificate of authenticity is to be enclosed from the appropriate authority). Weightage of 10% per year shall be given on financial turnover of previous years to bring them to current price level.

**Prior to the FY of invitation of tender

Example : If the estimated value put to tender is Rs. 6.0 crores and period of execution is fifteen (15) months, then the financial turnover should be 7.2 crores

i.e. Rs. (6.00 crores/15) *12*1.5= Rs. 7.20 crores.

Financial Year Weightage Factor in % 2013-14 : 1.61 Example: Turnover of 2 (two) crore 2014-15 : 1.464 done during 2013-14 becomes (2 x 2015-16 : 1.331 1.331) = 2.662 Crore at 2016-17 . 2016-17 : 1.21 price level 2017-18 : 1.10 2018-19 : 1.00

The required qualifying amount of annual Turn-over at 2018-19 price level = Rs. 122.35 Crore.

b) Satisfactory completion of similar major items of work :

The bidder should have satisfactorily completed (not less than 80% of the original contract value) as a prime contractor during the last five years and including current financial year. The value of minimum quantities* of important and critical items of work like cement concrete , earth work in both excavation and embankment , masonry & other major items etc, this quantity should be 40% of the estimated annual quantity of execution.

*(i) This is sum total of similar items in all the works executed in one financial year.

CONTRACTOR EXECUTIVE ENGINEER

26

(iii) These items might have been executed in different years separately, in last 5 years including the FY of invitation of tenders.

The bidders are required to furnish details in Table -III for evaluation of these criteria. They are also required to upload scanned copy of necessary certificates duly attested by the issuing authority or in original.

The qualifying quantity turn-over: -

Sl. No. Item Unit Quantity 01 Earth work Cum 8,26,934 Cum. 02 Cement concrete Cum. 73,179 Cum.

The bidder should submit attested copy of certificate of authenticity in the enclosed bidding document from the concerned Executive Engineer/Competent Officer in–charge of execution regarding satisfactory completion of similar major items of work during the last 5 years. Last 5 years means: 5 years prior to the financial year of invitation of tender and current financial year. The bidder should have executed the agreement and completed the work within the last 5 years and including current financial year.

Example :

 Earth work: Earth work in Canal , Road ,Dam.  Concrete work : Concreting work , RCC of Spillway, CC Lining, structures , Bridge  Stone work: Dam riprap, Packing, Spur, Launching apron, Armory stone dumping. c) Availability of Plant & Machinery:

The bidder should produce documentary evidence regarding availability of key plant and machineries and equipments in working condition required for execution of the work (either owned in his name or obtained on hire purchase scheme or by hiring from the reputed firms/contractors’ firms) .If the machineries are to be procured for specific period for completion of the work on lease/ rental basis, then a copy of registered MOU must be attached. The Engineer of the project/work shall prepare list of construction equipment required for execution of the work based on the estimated quantity of important critical work items/time of completion, taking the rate of work into consideration. The information are to be furnished in Table-IV. The contractor should attach an affidavit that the plant and machinery/equipment are free and will be available during execution of work.

 N.B. – Chief Construction Engineer will decide the requirement of plants & machineries equipments necessary for the work.

d) Credit facilities:

The firm must possess credit facilities of Rs.32.63 Crores [not less than twenty percent ( 20%) of the amount put to tender and furnish the credentials] from any scheduled commercial bank along with the bid against the specific work by mentioning the name of work and tender identification number in prescribed Performa as given below :

CONTRACTOR EXECUTIVE ENGINEER

27

BANK CERTIFICATE

This is to certify that M/s………………………………………………… is a reputed company with a good financial standing.

If the contractor for the work “Renovation and restoration of Upper Indravati Right Main Canal under CLSRP from RD-41.10 Km to 83.706 Km” having Bid Identification No. CCE, UIIP- 01(01-02)/2018-19 dt-10.04.2018 is awarded to the above firm, we shall be able to provide overdraft/credit facilities to the extent of Rs.32.63 Crores to meet their working capital requirements for executing the above work. Signature & Seal of Bank Manager Name & Address of Bank

e) Combined Evaluation :

If the bid has been invited in a common tender call notice for a number of works, the order of opening of the bids shall be that in which they appear in the ‘Invitation for Bids’. Further, the bidder(s) must demonstrate having experience and resources sufficient to meet the aggregate of the qualifying criteria for the individuals’ contracts.

f) Sub-Contractor’s experience:

Experience Certificates issued by Executive Engineer to State PSUs and their Sub- Contractors , jointly shall be taken into consideration while examining qualifying criteria. In the case both the original state PSU and the authorized sub-contractor will be treated at par as prime contractor.

g) BID Capacity:

Applicants will be qualified only if their available bid capacity at the time of bidding is more than the total estimate cost of the work. The available bid capacity will be calculated as under.

Assessed Available Bid Capacity = ( A*N*2) –B) where

A= Maximum value of works executed in any one financial year during the last five years (updated to the current price level). The rate of inflation may be taken as 10 percent per year (escalation factor) which will take into account the completed as well as works in progress.

B- Value at current price level of the existing commitments and ongoing works to be completed during the next …………… years ( Period of completion of works for which bids are invited)

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

The statement showing of completion remaining for each of the works listed should be countersigned by the Engineer-in Charge not below the rank of an Executive Engineer.

3.7.11 The bidders are subject to be disqualified if they have:-

CONTRACTOR EXECUTIVE ENGINEER

28

a. Made misleading or false representation in the forms, statements and attachments submitted in proof of the qualification requirements; and/or

b. Record of poor performance such as abandoning the works, not properly completing the contract, inordinate delay in completion, litigation history, or financial failures etc; and/or c. Participated in the previous bidding for the same work and had quoted unreasonable prices and could not furnish rational justification to the Engineer-in-Charge. d. Indulged in unlawful & corrupt means in obtaining bids. e As the bid has been invited in a common notice for different works costing more than three crores each, the bidder must demonstrate having experience and resources sufficient to meet the aggregate of the qualifying criteria for the individual contracts. f. Have been black listed/suspended by the competent authority.

Technical qualification will be based on meeting all the following minimum criterion regarding the bidders’ general and particular experience, personnel and equipment capability and financial status, as demonstrated by the bidders’ responses in the forms attached.

All the tables appended to this booklet are to be filled up by the bidders. If no information is there to be furnished in any of the form/s the bidder is required to record NIL on those instead of leaving it blank and sign.

The bidder, who wants to complain about the authenticity of the documents/in formations furnished by other bidder, may do so before tender inviting authority within 7 days from the date of opening of technical bid, failing which his/her complaint will not be entertained.

i) The term ‘attached’ or ‘furnished’ wherever encountered is to be treated as scanned and uploaded in the web-site www.tendersodisha.gov.in .

CONTRACTOR EXECUTIVE ENGINEER

29

TABLE-I ASSESSMENT OF QUALIFYING AMOUNT IN RESPECT OF TURN OVER. Financial year 2013-14 Sl. Name of work Name of Contract/ Value of Period for Actual Date Maximum Projected turn No employing Agreement Contract Completion of Annual over to the level Agency No From ______Completion Turn over of 2018-19 to______attaching 10% weightage per year

1 2 3 4 5 6 7 8 9

Attach proof from employers in original or duly certified by the issuing authority in respect of all civil Engineering works performed by the bidder in same name in support of turnover.

CONTRACTOR EXECUTIVE ENGINEER

30

TABLE-I

ASSESSMENT OF QUALIFYING AMOUNT IN RESPECT OF TURN OVER Financial year 2014-15

Sl. Name of work Name of Contract/ Value of Period for Actual Date Maximum Projected Turn No employing Agreement Contract Completion of Annual Over to the level Agency No From______Completion Turn over of 2018-19 to______attaching 10% weightage per year 1 2 3 4 5 6 7 8 9

Attach proof from employers in original or duly certified by the issuing authority in respect of all civil Engineering works performed by the bidder in same name in support of turnover.

CONTRACTOR EXECUTIVE ENGINEER

31

TABLE-I

ASSESSMENT OF QUALIFYING AMOUNT IN RESPECT OF TURN OVER Financial year 2015-16 Sl. Name of work Name of Contract/ Value of Period for Actual Date Maximum Projected turn No. employing Agreement Contract Completion of Annual Over to the level Agency No From______Completion Turn over of 2018-19 to______attaching 10% weightage per year 1 2 3 4 5 6 7 8 9

Attach proof from employers in original or duly certified by the issuing authority in respect of all civil Engineering works performed by the bidder in same name in support of turnover.

CONTRACTOR EXECUTIVE ENGINEER

32

TABLE-I

ASSESSMENT OF QUALIFYING AMOUNT IN RESPECT OF TURN OVER Financial year 2016-17

Sl. Name of work Name of Contract/ Value of Period for Actual Date Maximum Projected Turn No employing Agreement Contract Completion of Annual Over to the level Agency No. From______Completion Turn over of 2018-19 to______attaching 10% weightage per year 1 2 3 4 5 6 7 8 9

Attach proof from employers in original or duly certified by the issuing authority in respect of all civil Engineering works performed by the bidder in same name in support of turnover.

CONTRACTOR EXECUTIVE ENGINEER

33

TABLE-I ASSESSMENT OF QUALIFYING AMOUNT IN RESPECT OF TURN OVER Financial year 2017-18

Sl. Name of work Name of Contract/ Value of Period for Actual Date Maximum Projected Turn No. employing Agreement Contract Completion of Annual Over to the level Agency No. from_____ Completion Turn over of 2018-19 to______attaching 10% weightage per year 1 2 3 4 5 6 7 8 9

Attach proof from employers in original or duly certified by the issuing authority in respect of all civil Engineering works performed by the bidder in same name in support of turnover.

CONTRACTOR EXECUTIVE ENGINEER

34

ASSESSMENT OF QUALIFYING STANDARD IN RESPECT OF EXECUTION OF SIMILAR WORK Financial year

Sl. Name of work Name of Contract/ Value of Governing/ Total Value Total Multi- Projected No employing Agreement Contract Principal Item of Work percentage plying Value at Agency No of work /Name Done of factor 2016-17 3 items achievement price level (Col 9 x 7)

1 2 3 4 5 6 7 8 9 10

Enclose certificate in original or Xerox copy of certificate duly certified by issuing authority.

TABLE –III

CONTRACTOR EXECUTIVE ENGINEER

35

ASSESMENT OF QUALIFYING CRITERIA IN RESPECT OF QUANTITY TURN OVER.

Quantity in the Agreement Annual Achievement

(in cum) (in cum)

h paver brief) Financial year Value of Contract Earth Work R.C.C C.C/ Earth Work R.C.C C.C/ Contract/ Agreement No. Contract/ Agreement Name of work (in Name Name of employing Agency Name CC lining wit paver CC lining with 1 2 3 4 5 6 7 8 9 10 11

* Bidders should provided any additional information required fulfilling the requirements of the instruction to the Bidders if applicable.

CONTRACTOR EXECUTIVE ENGINEER

36

TABLE –IV

The following items, equipments, machineries are essential for carrying out the work. The bidders should list all information requested below.

Sl. Name of Equipments Requirement Availability proposal Remarks from No Numbers (Capacity) Owned/ Nos. Age/ whom to be hired/ leased Condition purchased. 1 Canal paver machine 3 Nos. suitable for main canal 2. Batching plant. 2 nos. 3. Concrete conveyer truck 6 nos. (Transit Mixer) 4. Truck mounted water 6 nos. tanker. 5 Excavator 4 Nos. 6 Vibro-compactor 3 nos 7 Quality control equipments As per field (a)Soil section requirement (b)Concrete Section

The Contractor may be required to procure additional machineries as per requirement. The Contractor shall also be required to install equipments required for field laboratory for quality testing of soil and concrete. Necessary staff for testing of the quality of the material shall be engaged by the contractor.

CONTRACTOR EXECUTIVE ENGINEER

37

TABLE – V Existing commitment on on-going works.

Name of works Place & Agreement Value of Stipulated Value of Anticipated date State No. and Contract/ Period of works of completion date Agreement Commencement committed (Rs.in lakh) and to be Completion executed during 04/18 to 03/19 1 2 3 4 5 6 7

(Enclose all certificates from the Executive Engineer-in-charge/Employing agency) Also indicate details relating to works undertaken as Sub-Contractor.

CONTRACTOR EXECUTIVE ENGINEER

38

TABLE – VI

Works for which bids already submitted.

Description Place & Estimated value Stipulated Date in Remarks if any. of works State of work period of which (Rs lakhs) completion Decision is Expected 1 2 3 4 5 6

(Enclose all certificates from the Executive Engineer-in-Charge/Employing agency Also indicate details relating to works undertaken as Sub-Contractor.

CONTRACTOR EXECUTIVE ENGINEER

39

TABLE – VII

Works awarded but agreement not drawn

Description Place & State Estimated value of Stipulated period Remarks if any. of works work of (Furnish specific (Rs lakhs) completion information as to why agreement has not been drawn.) 1 2 3 4 5

(Enclose all certificates from the Executive Engineer-in-charge/Employing agency Also indicate details relating to works undertaken as Sub-Contractor.

CONTRACTOR EXECUTIVE ENGINEER

40

TABLE – VIII

Qualification and experience of key personnel proposed for administration and Execution of the contract including quality control and assurance staff (Attach biographical data).

Position Name Qualification Age Years of Years of experience experience (General) In the proposed position 1 2 3 4 5 6

Attach declaration in the form of Affidavit by the Employee name of who are furnished in the Table.

CONTRACTOR EXECUTIVE ENGINEER

41

TABLE –IX

Information of litigation history connected with Civil Construction Work in which the Bidders involved.

Sl. Name of other Name of Agreement Cause of Amount, Remarks No parties Employer Reference Dispute if any showing present status. 1 2 3 4 5 6 7

CONTRACTOR EXECUTIVE ENGINEER

42

TABLE –X

CERTIFICATE TO BE ISSUED BY THE EXECUTIVE ENGINEER UNDER WHOM THE MACHINERIES / EQUIPMENTS ARE DEPLOYED (NOT ISSUED PRIOR TO 90 DAYS OF RECEIPT OF TENDER)

Sl. Name of the Identification Capacity Year of Condition Since When it is No Machineries/ No. / Engine/ Purchase (working/ when likely to be equipments Chasis No. breakdown) deployed released under him from current assignment 1 2 3 4 5 6 7 8

Certified that,

1) I have verified the ownership document with the identification no. of the Machineries / equipments. 2) Machines are currently deployed exclusively for the work under this Division. 3) The facts provided are true as on the date of issue of this document to the best of my knowledge.

CONTRACTOR EXECUTIVE ENGINEER

42

TABLE –XI

BANK CERTIFICATE

This is to certify that M/s______is a reputed company with a good financial standing. If the contractor for the work “Renovation and restoration of Upper Indravati Right Main Canal under CLSRP from RD-41.10 Km to 83.706 Km” having Bid Identification No. CCE, UIIP-01(01-02)/2018-19 dt-10.04.2018 is awarded to the above firm, we shall be able to provide overdraft/credit facilities to the extent of Rs.32.63 Crores to meet their working capital requirements for executing the above work.

Signature & Seal of Bank Manager Name & Address of Bank

CONTRACTOR EXECUTIVE ENGINEER 43

TABLE –XII PERFORMANCE RECORD OF CONTRACTOR

(I) Name of the Contractor : (II) Registration No. and date. (III) Class of Contractor: (IV) Licensing authority (V) License valid up to (VI) Details of works executed Sl. Jobs under Agreement Date of Stipulated date Whether work is Reasons for No. execution amount commen- of completion progressing as per delay if any cement programme 1 2 3 4 5 6 7

vii) Whether the contractor has requisite machineries and personnel deployed (details of machineries and personnel deployed) viii) Whether the quality of construction is satisfactory. ix) Whether he has capability to make good to the loss/ damage. x) Whether the contractor has abandoned any work in the past three years, if yes, the details thereof. xi) Whether the contractor has entered into any litigation in the past, if Yes, the details thereof.

Name and Signature of the

Certifying Officer with official Seal Signature of the Contractor

The tenderer who has failed to execute the Contract/ Left the work unexecuted or whose contract the department previously has rescinded will not be considered for acceptance of tender in his favour. The EMD will be forfeited if the Contractor failed to sign the Agreement after acceptance of tender within the stipulated period. Authority reserves right to revoke the contract with due notice. The authority reserves all rights to reject any or all the tender without assigning any reason thereof.

CONTRACTOR EXECUTIVE ENGINEER 44

SECTION – IV

FORMS, ANNEXURES & CODAL PROVISIONS

CONTRACTOR EXECUTIVE ENGINEER 45

SALIENT FEATURES OF UPPER INDRAVATI IRRIGATION PROJECT

UPPER INDRAVATI RESERVOIR:

Catchment area: 2630 Sq.Km Dead storage level: 625.00 M Full Reservoir Level (FRL) 642.00M Live storage at FRL 1,45,577 Ham.

HATI BARRAGE AT MANGALPUR Type Masonry, gravity type Catchment area of River Hati 162 Sq.Km. Maximum designed discharge 1544 cumec Bed level of river 252.00m Length of Barrage 117.00m Maximum pond level 265.00m Sill level of Radial Gate 259.00m Sill level of scouring sluice 252.00m Dead slab level of bridge 270.00m Radial Gates=6 (nos)-12m (W) x 6m(H) Scouring Sluice Gates=4 nos-5M (W)x6m(H) Designed discharge through scouring sluice 259 cumec. (each sluice)- Water spread area at pond level 232 ha. Gross capacity at pond level 816.50 ha.m. Total CCA (Original/Revised) 1,09,300/1,28,000 ha.

RIGHT HEAD REGULATOR: Designed discharge 50 cumec Sill level 258.40m No of vent & size 3 nos, 4.0m x 2.00m No and size of Gates 3 nos 4m x 2.05 m Bed width 21.60m Full supply depth 2.40m F.S.L. at head 260.80m

RIGHT CANAL SYSTEM CCA (Original) 27,192 ha. CCA(Revised) 42,252 ha. Length of main canal up to Sagada 84.00 km. Length of main canal from Sagada to tail 28.00 km Discharge head 50 cumec. Length of Branch canals & distributaries=3 nos. 28.00 km. Length of minors and sub-minors. 351.00 km.

LEFT HEAD REGULATOR Designed discharge 69.77 CUMEC

CONTRACTOR EXECUTIVE ENGINEER 46

Sill level 257.60M No of vent & size 3 Nos. 6.0m x 2.8m No and size of Gates 3 Nos. 6m x 2.25 m Bed width 26.50m Full supply depth 2.80m F.S.L. at head 260.40m LEFT CANAL SYSTEM CCA (Original) 49,076 ha. CCA(Revised) 59,300 ha. Length of main canal 52.00 km. Discharge at head 69.77 cumec. Length of Branch canals =2 nos. 48.34 km. Length of Distributary=11 nos. 147.34 Km. Length of minors and sub-minors=251 nos. 854.13 km. LIFT CANAL SYSTEM CCA (Original) 33,032 ha. CCA(Revised) 26,248 ha. Length of main canal 45.00 km. Discharge at head 30.00 cumec. Length of Distributary system. 250.00 Km. RIGHT MAIN CANAL AND SYSTEM

i. C.C. A (Original) = 27195 Ha. ii. C.C.A (Revised)= 42455 Ha. iii. Design Discharge at H.R= 50 Cumecs. iv. Irrigation Potential Created= 25,846 Ha. v. Irrigation Potential Utilised= 25,846 Ha. vi. Length of Canals. Unit RMC Extension Total Main Canal Km. 83.690 22.182 105.822 Branch Canal Km. -- 20.16 20.160 Distributary Km. 28.305 42.05 70.355 Minor & Sub-Minors Km. 346.216 207.77 553.986 Designed ayacut Ha. 27195 15260 42455 Irrigation potential created Ha. 25846 15260 41106 Irrigation potential utilised Ha. 25846 -- 25846

1. Hydraulic particulars of RMC Particulars Unit 00 21.432 to 38.907 to 53.746 to 61.066 66.151 76.996 to 21.432 38.907 53.746 61.066 to 66.151 to 76.996 to 83.026 Discharge Cumecs 50 45 40 35 30 25.00 20 Bed width M 21.60 19.74 18.20 16.10 13.90 13.688 12.094 FSD M 2.40 2.37 2.31 2.31 2.31 2.027 1.892 Velocity M/Sec 0.910 0.908 0.895 0.882 0.864 0.839 0.811 Water Per 0.165 0.168 0.171 0.175 0.180 0.185 0.192 slope 1000m F.B M 0.900 Bank M 6.50/ 3.50 width L/R

CONTRACTOR EXECUTIVE ENGINEER 47

DECLARATION BY THE BIDDER

I/We have read and examined the invitation for Bids and the Contract Data, Applicable Specification, Drawing & Designs, Instruction to Bidders and Directions, Conditions of Contract, Clauses of contract, Special Conditions Schedule & other Documents and Rules referred to in the Conditions of contract and all other contents in the Bid documents for the work, “Renovation and Restoration of Upper Indravati Right Main Canal under CLSRP from RD-41.10 Km to 83.706 Km.”

I/We hereby bid for the execution of the work specified in the invitation for Bid within the time specified in Contract Data as per schedule of quantities and in accordance with the specifications, designs, drawings and instructions in writing referred to in IFB and the Conditions of contract and with such materials as provided for, and in all respects, in accordance with such conditions so far as applicable.

We agree to keep the bid valid for Ninety (90) days from the date of opening of tender and not to make any modifications in its terms and conditions. Bid Security of Rs.______is enclosed in shape of______and in the event of tender being decided in my/our favour, if I/we, fail to commence the work in the time specified, I/we agree that the Governor of Odisha or his successors in the office shall without prejudice to any other right or remedy, be at liberty to forfeit the said bid security absolutely. Otherwise the said bid security shall be retained by him towards security deposit to execute all the works referred to in the bid documents upon the terms and conditions contained or referred to therein and to carry out such deviations as may be ordered, up to maximum percentage mentioned in contract data and those in excess of that limit at the rates to be determined in accordance with the provision contained in conditions of contract.

I/We hereby declared that I/We shall treat the documents drawings and other records connected with the work as secret/confidential documents and shall not communicate information/derived there from to any person other than a person to whom I/We am/are authorized to communicate the same or use the information in any manner prejudicial to the safety of the state.

I/We agree that should I/we fail to commence the work specified in the above declaration, an amount equal to the amount of the Bid Security mentioned in the form of invitation of Bid shall be absolutely forfeited to the Governor of Odisha and the same may at the option of the competent authority on behalf of the Governor of Odisha be recovered without prejudice to any other right or remedy available in law.

Dated :

Signature of Witness : Signature of Contractor

Occupation : Postal & e-mail Address :

Address :

CONTRACTOR EXECUTIVE ENGINEER 48

AFFIDAVIT

1. I, the undersigned, do hereby certify that all the statements made in the required attachment enclosed with the bid for the work “Renovation and Restoration of Upper Indravati Right Main Canal under CLSRP from RD-41.10 Km to 83.706 Km.” are true and correct.

2. The undersigned also hereby certify that neither our firm M/s______have abandoned any work in the State or in India nor any contract awarded to us for such works have been rescinded during last five years prior to the date of this Bid.

3. The undersigned hereby authorize(s) the department to seek information from any bank, person, firm or corporation to furnish pertinent information deemed necessary to verify statement or information regarding my (our) competence and general reputation.

4. The undersigned hereby undertake to furnish any further qualifying information at the request of the Department/Project implementing agency.

5. The undersigned undertake that in case of any information furnished by me found to be incorrect, the Government has right to reject the Bid.

(Signed by an authorized Officer of the Firm with Seal)

Title of Officer:

Name of Firm:

Date :

# The affidavit is to be furnished in court paper incorporating the statement mentioned above duly sworn in before Magistrate/Notary Public.

CONTRACTOR EXECUTIVE ENGINEER 49

GOVERNMENT OF ODISHA WORKS DEPARTMENT Office Memorandum File No 07556900042013(Pt-II) – 7885 / W, Dated 23.07.2013 Sub: Codal Provision regarding e-procurement

1. This office memorandum consists of the procedural requirement of e-procurement and shall be made part of the Detailed Tender Call Notice or Instruction to Bidder for all “Works” tenders hoisted in the portal. 2. The e-procurement portal of the Government of Odisha is“https://tendersodisha.gov.in” 3. Use of Valid Digital signature Certificate of appropriate class (Class II or Class III ) issued from registered Certifying Authorities (CA) as stipulated by Controller of Certifying Authorities (CCA), Government of India such as n-Code, Sify, TCS, MTNL, e- Mudhra etc is mandatory for all users. 4. The DSC issued to the Department users is valid for the period of two years only. All the Department users are responsible to revalidate their DSC prior to expiry. 5. For all purpose, the server time displayed in the e-Procurement portal shall be the time to be followed by all the users. 6. Government after careful consideration have decided to hoist all tenders costing 10 lakhs or above in the e-procurement portal. This will be applicable across all Engineering Departments such as Works Department, Department of Water Resources, Rural Development and Housing & Urban Development Deportment. Government of Odisha also welcomes hosting of tenders by any other departments, authority, corporations, local bodies etc. of the State with prior approval from Works Department. Works Department is the Nodal Department for the implementation of e- Procurement in the State. 7. The e-procurement shall be operated complaint to relevant provisions of OGFR / OPWD Code / Accounts Code / Government statutes including any amendments brought from time to time to suit to the requirement of the best national practice. 8. Registration in the e-procurement portal is without levy of any charges but Government reserves the right to levy any charges for such value added services in future. 9. Contractor not registered with Government of Odisha, can participate in the e- Procurement after necessary enrolment in the portal but have to subsequently register themselves with the appropriate registering authority of the State Government before award of the work as per prevalent registration norms of the State. 10. For the role management “Department” is the Administrative Department, Organization or wing is the Chief Engineer or highest tender accepting authority or equivalent officer, Division is the Executive Engineer or equivalent Officer and Subdivision is the Assistant Engineer or equivalent officer. 11. The e-procurement software assigns roles for operation of the module for specific function. The terminologies used in the portal and their respective functions in the software are as follows: 11.1 Application Administrator (NIC & State Procurement Cell i. Master Management ii. Nodal Officer Creation iii. Report Generation iv. Transfer of officer’s login ID v. Blocking & unblocking of officer’s and bidder’s login ID

CONTRACTOR EXECUTIVE ENGINEER 50

11.2 Nodal Officer (At organization Level not below the Superintending Engineer or equivalent rank) i. Creation of Users ii. Role Assignment iii. Report Generation. iv. Transfer of Officer’s login ID v. Blocking & unblocking of officer’s Login ID 11.3 Procurement Officer-Publisher (Officer having tender inviting power at any level) i. Publishing of Tender ii. Publishing of Corrigendum / addendum / cancellation of Tender. iii. Bid Clarification iv. Uploading of Pre-Bid minutes. v. Report generation. 11.4 Procurement Officer – Administrator (Generally sub-ordinate officer to Officer inviting Tender.) i. Creation of Tender ii. Creation of corrigendum / addendum / cancellation of tender. iii. Report generation. 11.5 Procurement Officer Opener (Generally sub-ordinate officer to officer inviting the tender). i. Opening of Bid 11.6 Procurement Officer Evaluator (Generally sub-ordinate officer to officer Inviting the Tender). i. Evaluating Bid. 11.7 Procurement officer – Auditor (Procurement Officer Publisher and / or Accounts Officer / Finance Officer). i. To take up auditing.

12 NOTICE INVITING BIDS (NIB) OR INVITATION FOR BID (IFB)

12.1 The Notice Inviting Bids (NIB) and Bid documents etc. shall be in the standard formats as applicable to conventional Bids and will be finalized / approved by the officers competent as in the case of conventional Bids. 12.2 The officer competent to publish NIB in case of conventional Bids will hoist the NIB in the portal. Simultaneously, a notification should also be published in the newspapers, as per existing rules preferably, in the following format to effect economy. Government of Odisha “e” procurement Notice Bid Identification No.:______1. Name of the work______2. Estimated Cost Rs.______3. Period of completion ______4. Date & time of availability of bid documents in the portal______5. Last date /Time for receipt of bids in the portal ______6. Name and address of the Officer Inviting Bid______

Further details can be seen from the e-procurement portal https://tenderodishagov.in

12.3 The tender documents published by the Tender Inviting Officer (Procurement Officer Publisher) in the website https://tenderodishagov.in. will appear in the “Latest Active Tenders”. The Bidders / Guest Users can download the Bid documents only after the due date and time of sale. The publication of the tender will be for specific period of

CONTRACTOR EXECUTIVE ENGINEER 51

time till the last date of submission of bids as mentioned in the “Notice Inviting Bid” after which the same will be removed from the List of Latest Active Tenders.

13 ISSUE OF ADDENDA / CORRIGENDA / CANCELLATION NOTICE. 13.1 The Procurement Officer Publisher (Officer Inviting tender) shall publish any addendum /corrigendum / cancellation of tender in the website https://tenderodishagov.in , notice board and through paper publication and such notice shall form part of the bidding documents. 13.2 The system generates a mail to those bidders who have already uploaded their tenders and those bidders if they wish can modify their tenders. The bidders are required to watch the website till last date and time of bid submission for any addendum1 corrigendum cancellation thereof. Tender inviting Authority is not responsible for communication failure of system generated mail. 14. CREATION AND PUBLISHING OF BID: 14.1 All the volumes documents shall be uploaded in the portal by the tender creating officer (Procurement Officer Administrator) and published by the Officer inviting Tender Procurement Officer Publisher) using their DSCs in appropriate format so that the document is not tampered with. 14.2 The tender document comprise the notice inviting tender, bid document / SBD, drawings in .pdf format and the schedule of quantities I BoQ in .xls format to be uploaded by the Officer Inviting Tender. 14.3 Procurement Officer Administrator creates tender by filling up the following forms: i. BASIC DETAILS ii. COVER CONTENT: The Procurement officer Administrator should briefly describe the name and type of documents to be uploaded by the bidder in the following format: (a) For Single Cover / Packet: Sl No Cover Type Document Description Type 1 Fee/prequel/Technical / Tender Cost ,EMD,VAT,PAN Contractor .pdf Finance RC Affidavits, undertaking and any other .pdf documents as per SBD/DTCN BOQ .xls b). For Two Cover / Packet Sl No Cover Type Document Description Type 1 Fee/prequel/Technical/ Tender Cost ,EMD,VAT,PAN Contractor .pdf Finance RC Affidavits, undertaking and any other .pdf documents as per SBD/DTCN 2 Finance BOQ .xls Special Condition if any specifying .pdf mentioned by Officer Inviting tender

iii. TENDER DOCUMENT: -The Procurement Officer Administrator should upload the NIT in .pdf format. iv. WORK ITEM DETAILS v. FEE DEATAILS: The Procurement Officer Administrator should mention the cost of tender paper and EMD amount as laid down in DTCN / SBD.

CONTRACTOR EXECUTIVE ENGINEER 52

vi. CRITICAL DATES: The Procurement Officer Administrator should mention the critical dates of tender such as publishing date, document download start date & end date, seek clarification start date & end date (optional), bid submission start date & closing date, bid opening date as per DTCN / SBD. vii. BID OPENER SELECTION: The Procurement Officer creator can select two /three / four bid openers for a particular bid. If required the bid openers can also be selected within an organization from other procurement units (Circles / Divisions). viii. WORK ITEM DOCUMENTS: The Procurement Officer Administrator should upload the digitally signed tender document (SBD / DTCN) or any other addition document / drawings in .pdf format and Bill of Quantities in .xls format. ix. PUBLISHING OF TENDER: The Procurement Officer Publisher shall publish the tender using his/her DSC after detail scrutiny of the fields created and documents uploaded by the Procurement Officer Administrator. Procurement Officer Publisher can publish tenders for multiple procurement units using multiple DSCs procured for each post separately. After being relieved from the additional charges he has to surrender the additional DSCs to the Nodal Officer of the concerned organization. 15. PARTICIPATION IN BID. 15.1 PORTAL REGISTRATION: The Contractor / Bidder intending to participate in the bid is required to register in the portal using his / her active personal / official e-mail ID as his / her Login ID and attach his / her valid Digital signature certificate (DSC) to his/ her unique Login ID. He / She has to submit the relevant information as asked for about the firm / contractor. The portal registration of the bidder / firm is to be authenticated by the State Procurement Cell after verification of original valid certificates / documents such as (i) PAN and (ii) Registration Certificate(RC) / VAT Clearance Certificate (for procurement of goods) of the concerned bidder. The time period of validity in the portal is as per with validity of RC / VAT Clearance. Any change of information by the bidder is to be re-authenticated by the State Procurement Cell. After successful authentication bidder can participate in the online bidding process. 15.1.1 Bidders participating through Joint Venture shall declare the authorized signatory through Memorandum of Understanding duly registered and enroll in the portal in the name and style of the Joint venture Company. It is mandatory that the DSC issued In the name of the authorized signatory is used in the portal. 15.1.2 Any third party / company / person under a service contract for operation of e- Procurement system in the State or his / their subsidiaries or their parent companies shall be ineligible to participate in the procurement process that are undertaken through the e- Procurement system irrespective of who operates the system. 15.2 LOGGING TO THE PORTAL – The Contractor / Bidder is required to type his/her Logging ID and password. The system will again asks to select the DSC and confirm it with the password of DSC as a second stage authentication. For each login, a user’s DSC will be validated against its date of validity and also against the Certificate Revocation List (CRL) of respective CAs stored in system database. The system checks the unique Login Id, password and DSC combination and authenticates the login process for use of portal. 15.3 DOWNLOADING OF BID – The bidder can download the tender of his choice and save it in his system to undertake necessary preparatory work off-line and upload the completed tender at his convenience before the closing date and time of submission. 15.4 CLARIFICATION ON BID: The bidder may ask question related to tender online in the e-procurement portal using his/her DSC; provided the questions are raised within the period of seeking clarification as mentioned in tender call notice/Bid. The officer

CONTRACTOR EXECUTIVE ENGINEER 53

inviting the bid / Procurement Officer- Publisher will clarify queries related to the tender. 15.5 PREPARATION OF BID: 15.5.1 The bids may consist of general arrangements drawings or typical or any other drawings relevant to the work for which bid has been Invited Bidders may down load these drawings and take out the print for detail study and preparation of his bid. Any other drawings and documents pertaining to the works available with the Officer Inviting the Bid will be open for inspection by the bidders. 15.5.2 The Bidder shall go through the Bid carefully and list the documents those are asked for submission. He shall prepare all documents including cost of Bid Documents, Bid Security, Declaration form, price bid etc. and state in the system. 15.6 PAYMENT OF EMD / BID SECURITY AND COST OF BID DOCUMENTS. 15.6.1 The bidder shall furnish, as part of his Bid, a Bid security of the amount mentioned under NIT/Contract Data. The bidder shall scan all the written / printed pages of the bid security and up load the same in portable documents format (PDF) to the system in designated place of the technical Bid. Furnishing scanned copy of such documents is mandatory otherwise his/her bid shall be declared as non-responsive and liable for rejection. 15.6.2 EMD or Bid Security payable along with the bid is 1% of the estimated contract value (ECV) or as mentioned in the bid documents. The validity period of the EMD or Bid security shall be as mentioned in the bid document. Any bid not accompanied by an acceptable Bid Security and not secured as indicated in the bid document shall be rejected as non-responsive. The bid security shall be retained till such time the successful bidder furnishes initial Security Deposit (ISD) or Performance Security acceptable to the Officer Inviting the Bid. Failure of the successful Bidder to comply with the requirements shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security. The Bid security in the form of FDR/TDR/STDR shall be from a Nationalized Bank valid for a period of 45 days beyond the validity of the bid. Bid security in other form is acceptable if the bid documents provides for it. 15.6.3 The Fixed deposit FDR/TDR/STDR or any other form as mentioned in detailed tender call notice in respect of Earnest Money Deposit / Bid Security and the Bank Draft in respect of cost of Bid are to be scanned and up loaded in portable document format (PDF) along with the bid. 15.6.4 The tender accepting authority will verify the originals of all the scanned documents of the successful lowest bidder only within 5 days of opening of the tender. In the eventuality of failure on the part of, the lowest successful bidder to produce the original documents, he will be debarred in future from participating in tender for 3 years and will be black listed by the competent authority. In such a situation, successful L-2 bidder will be required to produce his original documents for consideration of his tender at the negotiated rate equal to L1 bidder. 15.6.5 Contractor exempted from payment of EMD will be able to participate in the tender directly by uploading documentary evidences towards his eligibility for such exemption 15.6.6 Government of Odisha has been actively considering integrating e-payment gateway in to the portal for payment of Cost of Bid and Bid Security1 Earnest Money Deposit. The process of using e-payment gateway shall be issued separately after it is established 16 SUBMISISON OF BID. 16.1 The bidder shall carefully go through the tender and prepare the required documents. The bid shall have a Technical Bid and a Financial Bid. The Technical Bid generally consist of cost of Bid documents, EMD / Bid Security , VAT, PAN / TIN , Registration Certificate,

CONTRACTOR EXECUTIVE ENGINEER 54

Affidavits, Profit Loss statement, Joint venture agreement, List of similar nature works, work in hand, list of machineries, and any other information required by OIT. The financial Bid shall consist of the Bill of Quantities (BOQ) and any other price related information / undertaking including rebates. 16.2 Bidders are to submit only the original BoQ (in .XIS format) uploaded by Procurement Officer Publisher (Officer Inviting Tender) after entering the relevant fields without any alteration / deletion / modification. Multiple BoQ submission by bidder shall lead to cancellation of bid. In case of item rate tender, bidders shall fill in their rates other than zero value in the specified cells without keeping it blank. In the percentage rate tender the bidder quoting zero percentage is valid and will be taken at par with the estimated rate of the work put to tender. 16.3 The Bidder shall up load the scanned copy / copies of documents in support of eligibility criteria and qualification information in prescribed format in Portable Document Format (PDF) to the portal in the designated locations of Technical Bid. 16.4 The bidder shall write his name in the space provided in the specified location in the Protected Bill of Quantities (BOQ) published by the Officer Inviting Tender. The bidder shall type rtes in figure only in the rate column of respective item(s) without any blank cell in the rate column in case of item rate tender and type percentage excess or less up to two decimal place only in case of percentage rate tender. 16.5 The bidder shall log on to the portal with his/her DSC and move to the desired tender for uploading the documents in appropriate place one by one simultaneously checking the documents. 16.5.1 Bids cannot be submitted after due date and time. The bids once submitted cannot be viewed, retrieved or corrected. The bidder should ensure correctness of the bid prior to uploading and take print out of the system-generated summary of submission to confirm successful uploading of bid. The bids cannot be opened even by the OIT or the Procurement Officer-Publisher/opener before the due date and time of opening. 16.5.2 Each process in the e-procurement is time stamped and the system can detect the time of log in of each user including the Bidder. 16.5.3 The Bidder should ensure clarity / legibility of the document uploaded by him to the portal.

16.5.4 The system shall require all the mandatory forms and fields filled up by the contractor during the process of submission of the bid / tender. 16.5.5 The bidder should check the system generated confirmation statement on the status of the submission. 16.5.6 The Bidder should upload sufficiently ahead of the bid closure time to avoid traffic rush and failure in the network. 16.5.7 The Tender Inviting Officer is not responsible for any failure, malfunction, or breakdown of the electronic system used during the e-procurement process. 16.5.8 The Bidder is required to up load documents related to his eligibility criteria and qualification information and Bill of Quantities duly filled in. It is not necessary for the part of the Bidder to up-load the drawings and other Bid documents (after signing) while up-loading his bid. It is assumed that the bidder has referred all the drawings and documents uploaded by the Officer Inviting the Bid. 16.5.9 The Bidder will not be able to submit his bid after expiry of the date and time of submission of bid (server time). The date and time of bid submission shall remain unaltered even if the specified date for the submission of bids declared as a holiday for the Officer Inviting the Bid. 16.6 SIGNING OF BID: The ‘online bidder’ shall digitally sign on all statements, documents, certificates, uploaded by him, owning responsibility for their correctness /

CONTRACTOR EXECUTIVE ENGINEER 55

authenticity as per IT Act 2000. If any of the information furnished by the bidder is found to be false / fabricated/ bogus, his EMD/ Bid security shall stand forfeited and his registration in the portal shall be blocked and the bidder is liable to be blacklisted. 17 SECURITY OF BID SUBMISSION:

17.1 All bid uploaded by the bidder to the portal will be encrypted. 17.2 The encrypted Bid can only be decrypted/opened by the authorized openers on or after the due date and time. 18 RESUBMISSION AND WITHDRAWAL OF BIDS:

18.1 Resubmission of bid by the bidders for any number of times before the final date and time of submission is allowed. 18.2 Resubmission of bid shall require uploading of all documents including price bid afresh. 18.3 If the bidder fails to submit his modified bids within the pre-defined time or receipt, the system shall consider only the last bid submitted. 18.4 The bidder should avoid submission of bid at the last moment to avoid system failure or malfunction of Internet or traffic jam or power failure etc. 18.5 The Bidder can withdraw his bid before the closure date and time of receipt of the bid by uploading scanned copy of a letter addressing to the Procurement Officer-Publisher (Office Inviting Tender) citing reasons for withdrawal. The system shall not allow any withdrawal after expiry of the closure time of the bid. 19 OPENING OF THE BID. 19.1 Bid opening date and time is specified during tender creation or can be extended through corrigendum. Bids cannot be opened before the specified date and time. 19.2 All bid openers have to log on to the portal to decrypt the bid submitted by the bidders. 19.3 The bidders & guest users can view the summary of opening of bids from any system. Contractors are not required to be present during the bid opening at the opening location if they so desire. 19.4 In the event of the specified date of bid opening being declared a holiday for the Officer Inviting Bid, the bids will be opened at the appointed time on the next working day. 19.5 Combined bid security for more than one work is not acceptable. 19.6 The electronically submitted bids may be permitted to be opened by the predefined Bid-opening officer from their new location if they are transferred after the issue of Notice Inviting Bid and before bid opening. Further action on bid documents shall be taken by the new incumbent of the post. 19.7 In case of non-responsive tender the officer inviting tender should complete the e- Procurement process by uploading the official letter for cancelled / re-tender. 20 EVALUATION OF BIDS. 20.1 All the opened bids shall be down loaded and printed for taking up evaluation. The Officer authorized to open the tender shall sign and number on each page of the documents downloaded and furnish a certificate that “ the documents as available in the portal containing ……. nos of pages” 20.2 The bidder may be asked in writing/ online (in their registered e-mail ids) to clarify on the uploaded documents provided in the Technical Bid, if necessary, with respect to any doubts or illegible documents. The Officer Inviting Tender may ask for any other document of historical nature during Technical Evaluation of the tender. Provided in all such cases, furnishing of any document in no way alters the Bidder's price bid. Non submission of legible documents may render the bid non-responsive. The authority inviting bid may reserve the right to accept any additional document.

CONTRACTOR EXECUTIVE ENGINEER 56

20.3 The bidders will respond in not more than 7 days of issue of the clarification letter, failing which the bid of the bidder will be evaluated on its own merit. 20.4 The Technical evaluation of all the bids shall be carried out as per information furnished by Bidders. 20.5 The Procurement Officer-Evaluators; will evaluate bid and finalize list of responsive bidders. 20.6 The financial bids of the technically responsive bidders shall be opened on the due date of opening. The Procurement Officer-Openers shall log on to the system in sequence and open the financial bids 20.6.1 The Financial Bid will be opened on the notified date & time in the presence of bidders or their authorized representative who wish to be present. 20.6.2 At the time of opening of "Financial Bid", bidders whose technical bids were found responsive will be opened. 20.6.3 The responsive bidders' name, bid prices, item wise rates, total amount of each item in case of item rate tender and percentage above or less in case of percentage rate tenders will be announced. 20.6.4 Procurement Officer-Openers shall sign on each page of the downloaded BoQ and the Comparative Statement and furnish a certificate to that respect. 20.6.5 Bidder can witness the principal activities and view the documents / summary reports for that particular work by logging on to the portal with his DSC from anywhere. 20.6.6 System provides an option to Procurement Officer Publisher for reconsidering the rejected bid with the approval of concern Chief Engineer 1 Head of Department. 21 NEGOTIATION OF BIDS 21.1 For examination, evaluation, and comparison of bids, the officer inviting the bid may, at his discretion, ask the lowest bidder for clarification of his rates including reduction of rate on negotiation and breakdown of unit rates. 22 NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT. 22.1 The Employer/Engineer-in-charge shall notify acceptance of the work prior to expiry of the validity period by cable, telex or facsimile or e-mail confirmed by registered letter. This Letter of Acceptance will state the sum that the Engineer-in-Charge will pay the contractor in consideration of the execution and completion of the Works by the contractor as prescribed by the contract and the amount of Performance Security and additional Performance security required to be furnished. The issue of the letter of acceptance shall be treated as closure of the Bid process and commencement of the contract. 22.2 The Contractor after furnished the required acceptable performance security and additional performance security “Letter to Proceed” or “Work order” shall be issued by the Engineer-in-charge with copy thereof to the Procurement Officer-Publisher. The Procurement Officer-Publisher shall up load the summary and declare the process as complete. 22.3 If the L-1 bidder does not turn up for agreement after finalization of the tender, then he shall be debarred from participation in bidding for three years and action will be taken to blacklist the contractor. Besides the consortium /JV / firm where such an agency / firm already happens to be or is going to be a partner/member/proprietor, he/ they shall neither be allowed for participation in bidding for three years nor his/ their application will be considered for registration and action will be initiated to blacklist him / them. In that case, the L-2 bidder, if fulfils other required criteria, would be called for drawing agreement for execution of work subject to condition that the L-2 bidder negotiates at par with the rate quoted by the L-1 bidder, otherwise the tender will be cancelled.

CONTRACTOR EXECUTIVE ENGINEER 57

23. BLOCKING OF PORTAL REGISTRATION: 23.1 If the Registration Certificate of the Contractor is cancelled /suspended by the registering authority/ blacklisted by the competent authority his portal registration shall be blocked automatically on receipt of information to that effect. 23.2 The portal registration blocked in the ground mentioned in ,the above Para-23.1 shall be unblocked automatically in receipt of revocation order of cancellation / suspension/blacklisting from the concerned authority. 23.3 The Officer Inviting Tender shall make due inquiry and issue show cause notice to the concerned contractor who in turn shall furnish his reply, if any, within a fortnight from the date of issue of show cause notice. Thereafter the Officer inviting Tender is required to issue an intimation to the defaulting bidder about his unsatisfactory reply and recommend to the Chief Manager (Tech.) for blocking of portal registration within 10 days of intimation to the defaulting bidder regarding his unsatisfactory reply with intimation to the Registering Authority and concerned Chief Engineer/ Heads of Office if any of the following provisions are violated. 23.3.1 Fails to furnish original Technical 1 Financial (Tender Paper Cost, EMD/ Bid Security) instruments before the designated officer within the stipulated date and time. 23.3.2 Backs out from the bid on any day after the last date of receipt of tender till expiry of the bid validity period. 23.3.3 Fails to execute the agreement within the stipulated date. 23.3.4 If any of the information furnished by the bidder is found to be false /fabricated I bogus. Accordingly the Officer Inviting Tender shall recommend to the Chief Manager (Tech.), State Procurement Cell, Odisha for blocking of portal registration of bidder and simultaneously action shall also be initiated by OFFICER INVITING TENDER for blacklisting as per Appendix- XXXlV of OPWD Code, Volume-II. 24. GUIDELINES FOR UNBLOCKING OF PORTAL REGISTRATION: 24.1 UNBLOCKING OF PORTAL REGISTRATION: Unblocking of portal registration of a contractor shall be done by a Committee consisting of the following members. EIC (Civil)-cum-CPO, - Chairman Engineer-in-Chief (WR) - Member Concerned Chief Engineer - Member Sr. Manager (Finance), SPC - Member Officer Inviting Tender - Member Chief Manager (Technical), SPC- Convener 24.2 The Chief Manager (Tech), State Procurement Cell will be the convener and he will maintain all records for this purpose. The Committee shall meet not less than once in a month if required & shall consider the recommendation of the officer inviting tender for unblocking of portal registration. The quorum of the meeting will be four. 24.3 The minimum period of blocking of Portal Registration shall in no case be less than 90 days. After blocking of Portal Registration, the Contractor whose Portal Registration has been blocked may file application to the concerned officer inviting tender showing sufficient ground for unblocking of his portal registration along with a Treasury Challarn showing deposit of Rs. 10,000/- (Rupees ten thousand) only (nonrefundable) under the head of accounts ‘0059 - Public Works’ as processing fees. The officer inviting tender shall forward the application filed by the contractor to the Chief Manager (Tech), State Procurement Cell. 24.4 On receipt of recommendation from the concerned Chief Engineer along with the copy of challan as mentioned above, the Chief Manager (Tech) being the member Convener of the Committee shall place the case before the Committee for examination and taking a decision in this regard. After examination the Committee may recommend for

CONTRACTOR EXECUTIVE ENGINEER 58

unblocking of the portal registration of said contractor if the Committee is satisfied that the fault committed by the contractor is either unintentional or done for the first time. 24.5 After scrutiny by the State Procurement Cell if it is found that the portal registration of a contractor has been blocked for the 2nd time the Chief Manager (Tech), SPC may not consider his case to be placed before the Committee and may advice the concerned officer inviting tender to issue show cause notice to the contractor asking him to explain as to why his portal registration shall not remain blocked. On receipt of show cause reply from the contractor the officer inviting tender shall examine the same & if considered proper he may report to the Chief Manager (Tech), SPC along with his views furnishing the copy of the show cause reply for placement of the same before the Committee for taking a decision in respect of blocking / unblocking. If the Committee found that the contractor is in habit of committing such fault again and again intentionally the committee may advice the concerned officer inviting tender to initiate proceeding for blacklisting as per the existing rule. Sd-

EIC-Cum Secretary to Government

CONTRACTOR EXECUTIVE ENGINEER 59

GOVERNMENT OF ODISHA WORKS DEPARTMENT *** Office Memorandum File No 07556900042013(Pt-IV) – 12366 / W, Dated 8.11.2013 Sub: Amendment of Codal / Contractual provisions. Annexure-I 1) Amendment to Para-3.4.16 (a) (vii) of OPWD Code, Vol-I by substitution Note – (vii) – For the purpose of estimate, the approved quarry lead is to be provided judiciously. Engineers in charge would be responsible for ensuring the quality of the materials supplied. The contractors would, however, be responsible for procurement of materials from authorized sources and voluntarily disclose the source of procurement for the purpose of billing. Besides, the bidder would be required to submit the details of quarry for procurement while submitting the bids. Annexure-II 2) Amendment to Para – 3.5.14 Note – I of OPWD Code, Vol – I by inclusion Note – I- If L1 bidder does not turn up for agreement after finalization of the tender, then he shall be debarred from participation in bidding for three years and action will be taken to blacklist the contractor. In that case, the L2 bidder, If fulfils, other required criteria would be called for drawing agreement for execution of work subject to the condition that L2 bidder negotiates at par with the rate quoted by the L1 bidder otherwise the tender will be cancelled. In case a contractor is black listed, it will be widely publicized and intimated to all departments of Government and also to Govt. of India agencies working in the state. Annexure-III 3) Amendment to Appendix – IX, Clause-36 of OPWD Code, Vol-II by inclusion Clause No – 36 – If the rate quoted by the bidder is less than 15% of the tendered amount, then such a bid shall be rejected and the tender shall be finalized basing on merits of rest bids. But if more than one bid is quoted at 14.99% (Decimals up to two numbers will be taken for all practical purposes) less than the estimated cost. the tender accepting authority will finalize the tender through a transparent lottery system, where all bidders/their authorized representatives, the concerned Executive Engineer and DAO will remain present. Annexure-IV 4) (A) Amendment to Para-3.5.5 (v) Note – II of OPWD Code, Vol-I by substitution Note – (II) - When the bid amount is up to 10% less than the estimated cost, no additional performance security is required to be deposited. When the bid amount is less than the estimated cost by more than 10% and within 15%, in such an event, the successful bidder will deposit the additional performance security to the extent of 1.5 times of the differential cost of the bid amount and 90% of the estimated cost. (B) Amendment to Para – 3.5.5 (v) Note – III of OPWD Code, Vol – I by inclusion – Note-(III) - For availing incentive clause in any project which is completed before the stipulated date of completion, subject to other stipulations it is mandatory on the part of the concerned Executive Engineer to report the actual date of completion of the project as soon as possible through fax or e-mail so that the report is received within 7 days of such completion by the concerned SE, CE & the Administrative Department. The Incentive for timely completion should be on a graduated scale of one percent to 10 percent of the contract value. Assessment of incentives may be worked out for earlier completion of work in all respect in the following scale. Before 30 % of contract period = 10% of Contract Value Before 20 to 30% of contract period = 7.5% of Contract Value Before 10 to 20% of contract period = 5% of Contract Value

CONTRACTOR EXECUTIVE ENGINEER 60

Before 5 to 10% of contract period = 2.5 % of Contract Value Before 5% of contract period = 1% of Contract Value Annexure-V 5) Amendment to Para – 3.2.8 Note – II of OPWD Code, Vol- I by inclusion Note – II – In case of of tender accepted below schedule of rate. The tender amount excluding centages shall be treated as sanctioned amount and allotment will be limited to that extent. Any deviation in scope of work affecting the agreement amount in such an agreement will be governed by the relevant provisions of OPWD Code. Annexure – VI 6) Amendment to Appendix – XXX, (Bills) Clause 21 of OPWD Code, Vol – II & to the Clause – 6 of F2 Contract. Bills – Clause – 21 – For works above values Rs 5.00 lakh in civil works and work value above Rs 1.00 lakh in electrical/PH works the J.E.S & A.E.S will be required to submit bill for each on going work on 20th or next working day of every month to the concerned EE. The E.E on receipt of the bill will take steps for payment of the same by 30th of the next working day during the month. The E.E in charge of the Division will furnish a certificate to the chief engineer with copy to the concerned SE that the bills for all on going months have been paid failing action will be initiated against the erring officer. Annexure – VII 7) Amendment to Para – 3.5.18 Note – VIII of OPWD Code, Vol – I Note – VIII – Before acceptance of tender, the successful bidder will be required to submit a work programme and milestone basing on the financial achievement so as to complete the work within the stipulated time and in case of failure on the part of the agency to achieve the milestone liquidated damage will be imposed. -Sd- EIC-Cum Secretary to Government

Memo No. 12367 /W, Dated. 8.11.2013 Copy forwarded to P.S to Hon’ble Chief Minister, Odisha for information and necessary action. -Sd- FA-Cum-Addl. Secretary to Government

CONTRACTOR EXECUTIVE ENGINEER 61

GOVERNMENT OF ODISHA WORKS DEPARTMENT ***** OFFICE MEMORANDUM

File No.07556900052014-16/W dt. 01.01.2015

Sub: Acceptance of Single Tender.

After careful consideration, Government have been pleased to make following modification to Notes-(iii) of Para-3.5.18 of O.PW.D.Code, Volume-1 and Rule -29 of Appendix-IX of O.P.W.D.Code, Volume-II for Acceptance of Single Tender in response to a Notice Inviting Tender. Notes-(iii) of Para-3.5.18- The single tender received in the first call shall be cancelled without opening of the bid. The acceptance of a single tender received, even after retendering should have prior approval of the next higher authority. Rule-29 or Appendix-IX – when in response to a notice calling for tenders, only a single tender is received in the first time, the tender shall be cancelled without opening of the bid and fresh tender be invited publicly. If single tender is received, even after retendering then the approval of the next higher authority should be obtained, if the tender is otherwise in order and acceptable.

1. This shall take effect from the date of issue of this Office Memorandum. 2. This has been concurred in by the Finance Department vide their U.O.R. No.254-WF-1 Dt-13.11.2014. Sd/-

EIC-cum-Secretary to Government

CONTRACTOR EXECUTIVE ENGINEER 62

Government of Odisha Works Department Office Memorandum

File no. 07556900032016- 5288/W dated. 4.5.2016

Sub:- Amendment of codal / Contractual provisions.

After careful consideration Government have been pleased to make amendment to contractual and codal provisions for promoting efficiency and transparency while dealing with works for infrastructure development of the State as per Annexure-I.

1) These amendments shall take effect from the date of issue of the order. 2) Accordingly, relevant existing codal / contractual provision made vide Works Department in office memorandum No- 12336/W. dt..08.11.2013 stand modified with effect from the date of issue of this O.M. 3) This has been concurred in by Finance Department in their UOR No. 79-WF-I dt. 18.03.2016. Sd/- EIC-cum-Secretary to Government

Annexure-I 1) (A )Amendment to Para-3,5,5(V) of Note-II of OPWD Code Vol-1 by modification. Note- (ii)- Additional Performance Security shall be obtained from the bidder when the bid amount is less than the estimated cost put to tender. In such an event, the bidders who have quoted less bid price /rates than the estimated cost put to tender shall have to furnish the exact amount of differential cost put to tender minus the quoted amount as Additional Performance Security in shape of Demand Draft/ Term Deposit Receipt pledged in favour of the Divisional Officer in the sealed envelope along with the price bid at the time of submission of bids. The bids of the technically qualified bidders will be opened for evaluation of the price bid in case of the bidders quoting less bid price/ rate than the estimated cost put to tender and have not furnished the exact amount of differential cost (i.e. estimated cost put to tender minus the quoted amount) as Additional Performance Security in shape of Demand Draft/ Term Deposit Receipt, their price bid will not be taken into consideration for evaluation even if they have qualified in the technical bid evaluation. Amendment to Para-3,5,5(V) of Note-III of OPWD Code Vol-1 by modification.

Note- III For availing incentive clause in any project which is completed before the stipulated date of completion subject to other stipulations it is mandatory on the part of the concerned Executive Engineer to report the actual date of completion of the project as soon as possible through fax or e-mail so that the report is received within 7(seven) days of such completion by the conceded Superintending Engineer, Chief Engineer & the Administrative Department. The incentive for timely completion should be on a graduated scale of 1 (one) percent to 5 (five) percent of the contract value. Assessment of incentives may be worked out for earlier completion of work in all respect in the following scale.

Before 30% of contract period =5% of Contract Value Before 20% to 30% of contract period =4% of Contract Value Before 10% to 20% of contract period =3% of Contract Value Before 5% to 10% of contract period =2% of Contract Value Before 5% of contract period=1% of Contract Value

CONTRACTOR EXECUTIVE ENGINEER 63

Government of Odisha Works Department Office Memorandum

File No.07556900012013-14299/W Dated: 03.10.2017

Sub: Amendment to Para-3.5.5 (v) of OPWD Code, Vol-I

After careful consideration Government have been pleased to make amendment to Para-3.5.5 (v) of OPWD Code,Vol-I with following modification.

“Additional performance security shall be obtained from the bidder when the bid amount is less than estimated cost put to tender. In such an event, only the successful bidder who has quoted less bid price/rate than the estimated cost put to tender shall have to furnish the exact amount of differential cost i.e. estimated cost put to tender minus the quoted amount as Additional performance security (APS) in shape of Demand Draft/Term Deposit Receipt pledged in favour of the Divisional Officer within seven days, others the bid shall be cancelled and the security deposit shall be forfeited. Further, proceeding for blacklisting shall be initiated against bidder”.

1. This amendment shall take effect from 24th July 2017. 2. The works Department Office Memorandum No.5288/W dtd.04.05.2016 (Annexure-I-A) stands modified accordingly pursuant to the judgement dated 24.07.2017 of the Hon’ble High Court Orissa. 3. This has been concurred in by the Law Department and Finance Department vide their U.O.R.No.1668/L dt 19.08.2017 & U.O.R. No.56-WF-I dt.24.07.2017 respectively. Sd/- EIC-Cum-Secretary to Government.

Memo No.14300 /W Dated 03.10.2017 Copy forwarded to P.S. to Hon’ble Chief Minister,Odisha for information and necessary action.

Sd/- FA-CumAddl.Secretary to Government

Memo No.14301 /W Dated 03.10.2017 Copy forwarded to OSD to Chief Secretary, Odisha/P.S. to Department Commissioner-cum-Additional Chief Secretary, Odisha/P.S. to Principal Secretary, Finance Deptt. for information and necessary action. Sd/- FA-CumAddl.Secretary to Government Memo No.14302 /W Dated 03.10.2017 Copy forwarded to Principal Accountant General (A&E),Odisha,Bhubaneswar / Principal Accountant General (A& SR Audit), Puri for information and necessary action.

Sd/-

CONTRACTOR EXECUTIVE ENGINEER 64

FA-CumAddl.Secretary to Government Memo No.14303 /W Dated 03.10.2017 Copy forwarded to All Departments / Managing Director, OB & CC Ltd., Bhubaneswar / Managing Director, OCC Ltd, Bhubaneswar for information and necessary action.

Sd/- FA-CumAddl.Secretary to Government Memo No.14304 /W Dated 03.10.2017 Copy forwarded to E.I.C. (Civil),Odisha /All Chief Engineers, Odisha/ All Superintending Engineers/ All Executive Engineers (All under Works Department) for information and wise circulation among subordinate offices.

Sd/- FA-CumAddl.Secretary to Government Memo No.14305 /W Dated 03.10.2017 Copy forwarded to the Director, Printing Stationery & Publication, Odisha, Cuttack for information and necessary action. He is requested to publish this amendment in the next issue of Odisha Gazette. Sd/- FA-Cum-Addl.Secretary to Government Memo No.14306 /W Dated 03.10.2017 Copy forwarded to A/C-I Section/ A/C-II Section/ Road Section/ Plan Section/ Building Section/ Budget Section/ N.Hs Section/ FC & AA Section/ PPP Cell/ EAP Cell/ OSWAS Control Room, Works Department for information and necessary action.

Sd/- FA-CumAddl.Secretary to Government

CONTRACTOR EXECUTIVE ENGINEER 65

Government of Odisha Works Department

Office Memorandum

File No.07556900042016-14402/W Dated: 06.10.2017

Sub: Insertion of another ground for blacklisting of contractor.

After careful consideration Government have been pleased to incorporate an additional ground “Non submission of Additional Performance Security (APS) within stipulated period in pursuance to Works Department Office Memorandum No.14299/W dt.03.10.2017” as Sub-Rule-“g” under Rule-A of Appendix-XXXIV of OPWD Code Vol-II.

1. This amendment shall take effect from 24th July 2017. 2. This Sub-Rule is an addition to the existing Codal Provision under Rule-A of Appendix-XXXIV of OPWD Code, Vol-II 3. This has been concurred in by the Law Department and Finance Department vide their U.O.R.No.1668/L dt.19.08.2017 & U.O.R No.56-WF-I dt.24.08.2017 respectively.

Sd/- EIC-Cum-Secretary to Government.

Memo No.14403 /W Dated 06.10.2017 Copy forwarded to P.S. to Hon’ble Chief Minister,Odisha for information and necessary action.

Sd/- FA-CumAddl.Secretary to Government

Memo No.14404 /W Dated 06.10.2017 Copy forwarded to OSD to Chief Secretary, Odisha/P.S. to Department Commissioner-cum-Additional Chief Secretary, Odisha/P.S. to Principal Secretary, Finance Deptt. for information and necessary action. Sd/- FA-CumAddl.Secretary to Government

Memo No.14405 /W Dated 06.10.2017 Copy forwarded to Principal Accountant General (A&E),Odisha,Bhubaneswar / Principal Accountant General (A& SR Audit), Puri for information and necessary action.

Sd/- FA-CumAddl.Secretary to Government

Memo No.14406 /W Dated 06.10.2017

CONTRACTOR EXECUTIVE ENGINEER 66

Copy forwarded to All Departments / Managing Director, OB & CC Ltd., Bhubaneswar / Managing Director, OCC Ltd, Bhubaneswar for information and necessary action. Sd/- FA-CumAddl.Secretary to Government Memo No.14407 /W Dated 06.10.2017 Copy forwarded to E.I.C. (Civil),Odisha /All Chief Engineers, Odisha/ All Superintending Engineers/ All Executive Engineers (All under Works Department) for information and wise circulation among subordinate offices.

Sd/- FA-CumAddl.Secretary to Government Memo No.14408 /W Dated 06.10.2017 Copy forwarded to the Director, Printing Stationery & Publication, Odisha, Cuttack for information and necessary action. He is requested to publish this amendment in the next issue of Odisha Gazette. Sd/- FA-CumAddl.Secretary to Government

Memo No.14409 /W Dated 06.10.2017 Copy forwarded to A/C-I Section/ A/C-II Section/ Road Section/ Plan Section/ Building Section/ Budget Section/ N.Hs Section/ FC & AA Section/ PPP Cell/ EAP Cell/ OSWAS Control Room, Works Department for information and necessary action.

Sd/- FA-CumAddl.Secretary to Government

CONTRACTOR EXECUTIVE ENGINEER 67

GOVERNMENT OF ODISHA WORKS DEPARTMENT ***** OFFICE MEMORANDUM

File No.07556900012016- 17254 /W dated. 5.12.2017

Sub:- Electronic Receipt, Accounting and Reporting of Cost of Tender paper and Earnest Money Deposit on submission of bids

1. The State Government have been working on formulation of rules and procedures for Electronic receipt, accounting and reporting of the receipt of Cost of Tender paper and Earnest Money Deposit on submission of bids through the e-procurement portal of Government of Odisha i.e. “https//tendersodisha gov.in” for some time past. 2. Electronic receipt of cost of tender paper has been successfully tested through SBI payment gateway. Now it has been decided to introduce electronic receipt of Cost of Tender Paper and Earnest Money Deposit on submission of bids through payment gateway of designated banks such as SBI/ICCI Bank/HDFC Bank for all Government Departments. State PSUs Statutory Corporations Autonomous Bodies and Local Bodies etc in phases (ANNEXURE-I) The process outline as well as accounting and reporting structure are indicated below. a) It will be carried out through a single banking transaction by the bidder for multiple payments like Cost of Tender Paper and Earnest Money Deposit on submission of bids. b) Various payment modes like internet banking/NEFT/RTGS of Designated Banks and their Aggregator Banks as well can be accessed by the intending bidders. c) Reporting and accounting of the e-receipts will be made from a single source. d) Credit of receipts into the Government accounts and to the designated bank account of the participating entitles indicated in Para 2 above would be faster. 3. Only those bidders who successfully remit their Cost of Tender Paper and Earnest Money Deposit on submission of bids would be eligible to participate in the tender/bid process. The bidders with pending of failure payment status shall not be able to submit their bid. Tender inviting authority State Procurement Cell NIC the designated Banks shall not be held responsible for such pendency or failure. 4. Banking arrangement. a) Designated Banks (SBI/ICCI Bank/HDFC Bank) payment gateway being integrated with e-Procurement portal of Government of Odisha (https //tendersodisha gov.in) b) The Designated banks participating in Electronic receipt, accounting and reporting of Cost of Tender Paper and Earnest Money Deposit on submission of bids will nominate a Focal point Branch called e-FPB who is authorized to collect and collate all e- Receipts. Each such branch will act as the Receiving branch and Focal Point Branch notwithstanding the fact that the bidder might have debited his account in any of the bank’s branches while making payment. 5. Procedures of bid submission using electronic payment of tender paper cost and EMD by bidder: a) The bidders have to log onto the Odisha e-Procurement portal (https //tendersodisha gov.in) using his/her digital signature certificate and then search and then select the required active tender from the “Search Active Tender” option. Now submit button can be clicked against the selected tender so that it comes to the “My Tenders” section. b) Uploading of Prequalification/Technical/Financial bid: The bidders have to upload the required Prequalification/Technical/Financial bid as mentioned in the bidding document and in line with Works Department office memorandum No.7885/W Dt.23.07.2013. c) Electronic payment of tender paper cost and EMD: Then the bidders have to select and submit the bank name as available in the payment options i. A bidder shall make electronic payment using his/her internet banking enabled account with designated Banks or their aggregator banks.

CONTRACTOR EXECUTIVE ENGINEER 68

ii. A bidder having account in other Banks can make payment using NEFT/RTGS facility of designated Banks.  Online NEFT/RTGS payment using internet banking of the bank in which the bidder holds his account by adding the account number as mentioned in the challan as an interbank beneficiary. d) Bid submission: Only after receipt of intimation at the e-Procurement portal regarding successful transaction by bidder the system will activate the freeze Bid submission button to conclude the bid submission process. e) System generated acknowledgement receipt for successful bid submission: System will generate an acknowledgement receipt for successful bid submission. The bidder should make a note of ‘Bid ID’ generated in the acknowledgement receipt for tracking their bid status. 6. Settlement of Cost of Tender Paper: a) Cost of Tender paper: In respect of Government receipts on account of Cost of Tender paper the e-Procurement portal shall generate a MIS for the State Procurement Call (SPC). The MIS will contain an abstract of the cost of tender paper collected with reference to Bid Identification Number. The State Procurement Cell shall generate Bank-wise challans under the head of Account for Cost of Tender Paper and instruct the designated Banks to remit the money to the proper head of account of State Government in respect of the cost of tender paper received through the e-procurement portal, the remittance to the Cyber Treasury account will be made to the Head of Account 0075-Misc. General Services-800-Other Receipts -0097-Misc Receipts-02237- Cost of Tender Paper. b) For the time being the State Government Procurement Cell (SPC) will use over the counter payment facility of the Odisha Treasury portal. Thereafter remittance through NEFT & RTGS will be facilitated through the Odisha Treasury portal. c) Similarly in case of State PSUs, Statutory Corporations, Autonomous Bodies and Local Bodies etc. Cost of Tender Paper the e-Procurement portal shall generate a MIS for the State Procurement Cell (SPC). The MIS will contain an abstract of the cost of tender paper collected with reference to Bid Identification Number. The cost of tender papers will be credited to the registered Bank account of the concerned State PSUs, Statutory Corporations, Autonomous Bodies and local Bodies etc. d) Bank will refund (in case the Tender inviting Authority (TIA) issues such instructions) the tender fee and EMD to the bidder in case the tender is cancelled before opening of Bid as per direction received from TIA through e-procurement system. e) Back-end Transaction Matrix of Electronic receipt of Cost of Tender Paper and Earnest Money Deposit on submission of bids is enclosed in the Annexure-I. 7. Settlement of Earnest Money Deposit on submission of bids: a) The Bank will remit the Earnest Money Deposit on submission/cancellation of bids to respective bidders accounts as per direction received from TIA through e-procurement system. 8. Forfeiture of EMD: Forfeiture of Earnest Money Deposit on submission bid of defaulting bidder is occasioned for various reasons. a) In case the Earnest Money Deposit on submission of bid is forfeited the e-Procurement portal will direct the Bank to transfer the EMD value from the Pooling Account of SPC to the registered account of the tender inviting authority. b) The Tender inviting authorities of the Government departments will deposit the forfeited Earnest Money Deposit on submission of bid, in the State Government Treasury under the appropriate head (8782-Cash Remittances and Adjustments between the officers rendering accounts to the same Accounts Officer-102-P.W.Remittances-1683- Remittances-91028-Remittances into Treasury) after taking the amount as a revenue

CONTRACTOR EXECUTIVE ENGINEER 69

receipt in their Cash Book under the head 0075-Misc. General-Services-00-101- Unclaimed-Deposits-0097-Misc-Receipts-02080-Misc Deposits and submit the detail account to D.A.G., Puri as deposit of the Division. c) By clicking submit button, system will initiate the forfeiture of EMD System will not allow the evaluator to edit the initiation after clicking the submit button. Forfeiture option can be carried out in phased manner like one bidder at a time. 9. Role of the Banks: a) Make necessary provision/customizations at their end to enable the provision for online payments/refunds as per this document. b) Provide necessary real-time message to bidders regarding successful or unsuccessful transactions during online payment processes and redirect them to e-Procurement website with necessary transaction reference details enabling them to submit their bids. c) The bank shall ensure transfer of funds from the pooling account to the Government Head/current account of PSUs/ULBs within the next bank working day as per the directions generated from e-Procurement portal. d) Bank should provide timely reports and reference details to NIC enabling them to carry out their role as stated below. e) Refunds of amount to bidders as per the XML file provided by e-Procurement system on the next bank working day from the date of generation of the XML file and also provide a confirmation to NIC on the same. 10. Role of State Procurement Cell: a) Communicate requirements of Government departments/State PSUs/Autonomous Bodies/ ULBs online payment requirements to National Information Centre / the authorized Banks for mapping/ customization. b) In every working day the State Procurement Cell shall generate MIS from the e- Procurement portal to ascertain the tender paper cost received in the e-Tendering process separately bank-wise for the Government Department and the PSUs/ULBs. The SPC shall generate bank-wise separate online challans from the Odisha Treasury portal and make the remittance through over the counter facility or NEFT/RTGS (as and when this functionality is available in treasury portal) and issue instruction to the bank for remittance of the receipt to the State Government account. c) The State Procurement Cell shall be responsible for providing challan details and MIS in respect of the remittance towards tender paper cost to the Tender inviting authorities for their record. d) State Procurement Cell shall monitor the progress of e-Tendering by different Government Departments/State PSUs/Autonomous Bodies/ULBs through MIS State Procurement cell shall monitor and send monthly progress reports to the Government. e) The e-Procurement system will generate a consolidated refund & settlement XML file as an end of the day activity. f) e-Procurement system will provide a web service for payment Gateway (PG) provider to pull the encrypted refund and settlement details in XML file against a day. g) Similary Payment Gateway (PG) provider will provide a web service to pull the refund and settlement status against a day. h) e-procurement system will update the status accordingly for reconciliation report. 11. Role of National Informatics Centre: a) Customize e-procurement software and web-pages of Government of Odisha (https //tendersodisha gov.in) to enable the provision for electronic payment. b) The NIC Odisha will modify/rectify the errors in electronic data relating to the Chart of Account. c) NIC will provide and interface to organizations to download the electronic receipt data.

CONTRACTOR EXECUTIVE ENGINEER 70

d) Enable automatic generation of daily XML files from e-procurement system and ensure delivery of the same to the authorized Banks for enabling automatic refund/settlement of funds. e) NIC shall enable the e-Procurement portal to generate MIS as required for the State Procurement Cell in order to make remittance of the tender paper cost to the State Government account using the Odisha Treasury Portal. 12. Role of Cyber Treasury: a) The cost of the tender paper deposited by the SPC using the Odisha Treasury Portal which will be accounted for by the Cyber Treasury and it shall submit the accounts to A.G (O) as per the established process. b) The Cyber Treasury will provide MIS as required to the SPC for the purpose of accounting and reconciliation of the electronic remittances made to the State Government acctount. 13. Redressal of Public grievances: a) The State Procurement Cell Odisha National Informatics Centre Odisha and the e-FPB will have and effective procedure for dealing with public complaint for e-Receipt related matters in case any mistake is detected by any of the stakeholders in reporting of receipt of tender paper cost and EMD, either suomoto or on being brought to its notice, the State Procurement Cell, Odisha, National Informatics centre Odisha unit Cyber Treasury and the bank will promptly take steps for rectification. The e-Focal Point Branch of the participating Banks, National Informatics Centre, Odisha and the State Procurement Cell, Odisha will notify the contact number and address of the Help desk for resolution of any dispute regarding e-Receipt. 14. Applicability and modification of existing rules / orders: The modalities prescribed in the Office Memorandum for downloading of tender paper submission and rejection of bid acceptance of Bids as well as refund and forfeiture of earnest deposit will be applicable for electronic submission of bids through e- procurement portal. Existing provisions regulating cost of Tender Paper and Earnest Money Deposit in OPWD Code and OGFR would stand modified to the extent prescribed in this Office Memorandum. 15. These arrangements would be made effective after signing of MoU between the designated Banks and the State Procurement Cell, firming up of Banking arrangements and technical integration between designated Bank and e-Procurement Portal. 1. This shall take effect from the date of issue of this Office Memorandum. 2. Accordingly relevant existing codal/contractual provision exist vide Office Memorandum No.6785/W Dt.09.05.2017 of Works Department stands modified to the above extent. 3. This has been concurred in by the Finance Department vide their UOR No.39-WF-1 Dt.09.11.2017.

E.I.C-cum-Secretary to Government

CONTRACTOR EXECUTIVE ENGINEER 71

ANNEXURE-I

Back-end Transaction Matrix of Electronic receipt and remittance of Cost of Tender Paper and Earnest Money Deposit on submission of bids.

Cost of Tender Paper Earnest Money Deposit on submission of bids Government I. The payment towards the cost of I. In case of tenders of Departments Tender paper, in case of Government Departments Government Departments shall amount towards Earnest be collected in separate pooling Money Deposit on accounts opened in Focal Point submission of bids shall be Branch called e-FPB of respective collected in a pooling account designated banks (as stated in opened for this purpose at Para2) at Bhubaneswar on T + 1 Focal Point Branch called e- day. FPB of respective designated banks at Bhubaneswar and the banks will remit the amount to respective bidder’s account within two working days on receipt of instruction from TIA through refund and settlement of e-procurement system.

II. With reference to the Notice II. In case of forfeiture of inviting Tender/ Bid Identification Earnest Money Deposit on Number, the amount so realized submission of bids the e- is to be remitted to Government Procurement portal will direct Account under the Head of the Bank to transfer the EMD Account 0075-Misc-General value from the Pooling Services-800-Other Receipts - Account of SPC to the 0097-Misc-Receipts-02237-Cost registered account of the of Tender Paper through Odisha tender inviting authority within Treasury Portal after opening of two working days of receipt of the bid. instruction from TIA.

CONTRACTOR EXECUTIVE ENGINEER 72

l. In case of State PSUs, Statutory, l. Amount towards EMD on Corporations, Autonomous submission of bids shall be State PSUs, Bodies and Local Bodies etc the collected in a separate pooling Statutory amount towards Cost of Tender account of Focal Point Branch Corporations, Autonomous Paper on submission of bids shall called e-FPB of respective Bodies and be collected in separate pooling designated banks at Local Bodies. accounts opened in Focal Point Bhubaneswar and the banks Branch called e-FPB of respective will remit the amount to designated banks at respective bidder’s Account on Bhubaneswar on T + 1 day. receipt of instruction from TIA through refund and settlement of e-procurement system within two working days from receipt of such instruction.

ll. The Paper cost will be ll. In case of forfeiture of transferred to the respective Earnest Money Deposit on current accounts of concerned submission of bids the e- State PSUs Statutory Procurement portal will direct Corporations. Autonomous the Bank to transfer the EMD Bodies and Local Bodies etc after value from the Pooling opening of bid. Account of SPC to the registered account of the tender inviting authority within two working days of receipt of instruction from TIA.

CONTRACTOR EXECUTIVE ENGINEER 73

SECTION – V

GENERAL CONDITIONS OF CONTRACT (GCC)

CONTRACTOR EXECUTIVE ENGINEER 74

CONDITION OF CONTRACT 1. An affidavit shall be furnished by the contractor at the time of submission of tender paper about the authenticity of tender documents including documents submitted with tender. 2. Earnest money deposit and initial security deposit shall form a part of the amount of the Security Deposit. Tenders without E.M.D. will be summarily rejected. 3. The plan, specification and special conditions for the work can be seen at the Office of the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda “Estimating Branch” during any working day from 10.00 AM to 12.30 PM. 4. Every bidder is deemed to have visited the site of the work before tendering & verified the work with reference to approved drawing & specification and should have made himself thoroughly satisfied with the required quantity and proper quality of the materials available. No extra lead will be admissible for any materials. The rate shall be inclusive of all leads, lifts, delifts, conveyance charges, royalty, cess and all other taxes and local taxes of all materials. It should be understood clearly that no claim what so ever would be entertained after wards in the plea of non-availability of required quantity, proper quality of material or on any other ground thereof. 5. The tender will be valid for three months (90 days) from the last date of submission of bid. 6. Conditional tender shall not be taken into consideration. 7. All rates should be quoted for finished items of work unless otherwise mentioned in the Tender Call Notice and tender document. 8. All taxes, fees, royalties etc. payable under the local rules in vogue including storage, VAT, income tax, cess and octroi, etc. will be paid by the contractor and these must be included in the rates quoted. 9. Original contractor registration certificate, VAT clearance in form No.612/ GSTIN & PAN are to be produced before the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda at the time of execution of Agreement. 10. DELETED. 11. The contractor shall have to furnish a certificate along with the tender to the effect that he is not related to any Officer of Water Resources Department of the rank of Assistant Engineer and above connected with estimate, tender and execution of work and any Officer of the rank of Under Secretary and above. 12. Letters intimating any modification to the tenders will not be considered. 13. Tender, which is not in the prescribed proforma and is not strictly in accordance with the terms and conditions of the tender notice and specification is liable for rejection. 14. All the correspondence shall be made in English. All correspondences with the tenderer will be made by post in the address given in the tender. The bidder must mention in the tender, his correct postal address for correspondence. The department will not be held responsible for non-receipt of any letter by the bidder either for wrong address given by him or for his absence at the given address or due to fault of the postal department.

CONTRACTOR EXECUTIVE ENGINEER 75

15. The bidder will be intimated about the acceptance of his tender and deposited ISD @ 2% in shape of Fixed Deposit Receipt/Term Deposit Receipt/ STDR from any Nationalized Bank located anywhere in the country with branches at Bhawanipatna/ Bhubaneswar with facility of authentication & encashment duly pledged in favour of Executive Engineer, Upper Indravati Right Canal Division No. I, Mukhiguda, Dist.- Kalahandi Odisha in the standard format provided in the tender document valid up to 3 (three) months beyond the date of completion of the defect liability period. .The EMD will be returned back after signing of the agreement in PWD form P1 for the due fulfillment of the contract in the Office of the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda. This security together with EMD will be taken as initial security deposit for due fulfillment of the contract. Failure of the contractor to deposit the ISD and also failure to enter into the agreement in time after deposit of ISD shall entail forfeiture of the earnest money deposit and ISD respectively. Onus will lie with the contractor, if the correct address shall not be available to the Executive Engineer for correspondence. The earnest money of the unsuccessful bidders will be refunded on application after the tender is finally decided or after execution of agreement of successful bidders. 16. Upper Indravati Irrigation Project is a running project providing Khariff irrigation of 25846 Ha. and Rabi Irrigation of 23,012 Ha. through its Right Canal System. The renovation and restoration works shall be taken up in the canal from head regulator to 84 km. The work shall be completed in 24 (twenty-four) calendar months. During Khariff irrigation period water shall be supplied to the entire ayacut and works shall remain suspended during the same period each year. The work shall be resumed after closure of Khariff irrigation normally which continues up to 15th November each year. It may slightly change in either ways depending on the crop condition and moisture content of the soil. The executing agency is to accommodate the work accordingly. They have to clean the canal during post-Khariff and pre-Khariff periods at their own cost. No payment in any form shall be made for cleaning and maintaining the canal. Silt and debris deposited in the completed sections of the canal is to be cleaned thoroughly by the agency at their own cost. Dewatering if necessary at any point of the cross section of the canal shall be made at the cost of the contractor. 17. Survey and investigation of the system for finalization of revised LS and DS of the main canal, LS of the new drains to be excavated along the right bank, design of the additional structures, extension of the additional vents, preparation of drawings both in soft and hard copy, calculation of quantity involved, etc. as per guide lines of (Canal Lining and System Rehabilitation Programme) CLSRP and recommendations of High Level Technical Committee (HLTC) vide Lr.No.EIC-P&D-TC-8/13-2943/WE dt-21.02.14, fixation of bench mark pillars including marking of levels RD pillars sign boards of the major structures and head regulators etc. complete and as directed by the Engineer-in-Charge is to be executed by the implementing agency before commencement of the work. The allotted period including for such works mentioned above and no additional time shall be allowed.

(Cross section of the existing main canal incorporating the revised levels at 15m interval in soil zones and at 3m interval in rock/D.I zones, the designs and drawings should be submitted in soft and hard copy (seven sets) for approval by the competent authority before commencement of the execution of the work. The work can only be taken up after approval of required designs and drawings) 18 The conditions in this detailed tender call notice will form part of the agreement to be drawn by the contractor.

CONTRACTOR EXECUTIVE ENGINEER 76

ODISHA PUBLIC WORKS DEPARTMENT (Form F-2) PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS General Rules and Directions for the guidance of Contractors.

1. All the works proposed for execution by contract will be notified in a form of invitation to tender pasted on a board hung up in the office of and signed by the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda.

This notice will state the work to be carried out; the items and approximate quantities thereof as well as the date of submitting and opening of tenders also the amount of earnest money to be deposited and the amount of the security deposit to be deposited by the successful tenderer and the percentage if any; to be deducted from bills. Copies of the specification, designs and drawings and any other documents required in connection with the submission of the tender, signed for the purpose of identification by the Executive Engineer, shall also be open for inspection by the contractor at the office of the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda during office hours.

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

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

4. The memorandum of work tendered for and the memorandum of materials to be supplied by the Department of Water Resources and their issue rates shall be filled in and completed in the Office of the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda where tender form is issued. If a form is issued to an intending tenderer without having been so filled in and completed, he shall request the office to have this done before he completes and delivers his tender.

5. The amount of earnest money to be deposited will be 1% of the tendered amount.

3. Any person who submits a tender shall fill up the usual printed form stating the percentage at which he is willing to undertake each item of the work. Incomplete tender and tenders which propose any alteration in the work specified in the said form of invitation to tender or which contain any other conditions of any sort or omit to note the time within which the work can be finished or which are not accompanied by required earnest money, will be liable for rejection. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit a separate tender for each. The tenderers are required to fill up the name of the agency in the space provided in the BOQ. The EMD should be deposited in shape of NSC / STDR/TDR from in any Nationalized Bank and duly pledged in favour of Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda and should be up loaded. 4. The tender inviting authority or his duly authorized assistant will open the tenders in the presence of any intending contractors or his authorized representatives who may be present at the time and will enter the amounts of the several tenders in a comparative

CONTRACTOR EXECUTIVE ENGINEER 77

statement in a suitable form. In event of a tender being rejected the earnest money deposited shall be returned to the tenderer in proper manner as per terms and condition of DTCN. 5. The tender accepting authority shall have the right to reject all or any of the tenders without assigning any reason thereof. 6. In the event of a tender being selected for acceptance, the Officer who open the tenders will, if he is competent to accept the tender, inform the tenderer of the selected tender who shall there upon sign copies of the specification and other documents mentioned in rules for the purpose of identification and for his acceptance with the tender. The tenderer of the selected tender shall also deposit the required amount of the security money within the prescribed time. If the tenderer fails to deposit the required amount of security money within the prescribed time the Engineer may reject the tender. If the Engineer is not competent to accept the tender himself, he will submit the tender for acceptance to the authority who is competent to accept the same. If the said Engineer rejects the tender the earnest money deposit shall be refunded to the tenderer The Earnest money deposit of unsuccessful tenderer shall be returned after finalization of the tender. 10 When a tender is selected for acceptance, the tenderer shall deposit the required amount of the initial security money in shape of N.S.C/STDR/TDR/Deposit receipt of the Nationalized Bank duly pledged to the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda within seven days from the date of the receipt of intimation from the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda. 11. The amount of initial security money to be deposited by the tenderer whose tender is selected for acceptance shall be 2 percent of the bid amount of the work and towards this amount the earnest money already deposited by him shall be credited. Any balance of the security money outstanding after completion of the contract with the tenderer may be made up by deduction of 5 percent of the amount of each payment to be made to him under clause 6 of the conditions of contract for work done under the contract. 12. When tender has been selected for acceptance and the required amount of the initial security money has been deposited, the Executive Engineer shall scrutinize all pages of the form of item, rate, tender and contract for works to see that the form has been properly filled up and signed by the contractor and the signature witnessed. He shall then if he is competent to accept the tender, sign the acceptance of the tender or if he is not so competent, shall send the Form for signature of the acceptance to the officer competent to accept it. Additional performance Security shall be strictly followed as per Government of Odisha, Works Department, Office Memorandum File no. File No.07556900012013- 14299/WDated: 03.10.2017Amendment to Para-3,5,5(V) of of OPWD Code Vol-1 by modification.

CONTRACTOR EXECUTIVE ENGINEER 78

TENDER FOR WORKS

I/we hereby tender for the execution, for the Governor of Odisha, of the work specified in the tender written memorandum, at the Percentage rates specified therein with in a period of 24 (twenty-four) calendar months from the date of written order to commence and in accordance, in all respects with the specifications, designs, drawings and other documents referred to in rule, thereof and subject to the annexed conditions of contract special conditions of the contract. Technical specification and with such materials are provided for by and in all other respects in accordance with such conditions so far as applicable.

MEMORANDUM Name of work- “Renovation and restoration of Upper Indravati Right Main Canal under CLSRP from RD-41.10 Km to RD-83.706 Km.” (a) If several sub works are included they should be detailed in a separate list. i) Estimated Cost : Rs.163.12 Crores ii) Earnest Money (EMD) : Rs.1,63,12,500.00 d) This deposit will be 2% of the accepted amount of tender. e) This percentage e) Percentage to be deducted deduction from from bills : bill will be credited 5% (five percent) to the contractor’s security deposit. f) Time required for the work from the date of written order to commence 24 (Twenty-four) calendar months.

g) Date of written order to commence : h) Stipulated date of completion : i) Total number of items of works: 37 (Thirty-seven) nos tendered for As per the bill of Quantities attached

Should this tender be accepted. I/We hereby agree to abide by Signature of contractor before and fulfill all the term and provisions of the said conditions of contracts submission of annexed here to so far as applicable or in default thereof to forfeit and tender. pay to the Governor of ODISHA or his successors in office the sum of money mentioned said conditions.

CONTRACTOR EXECUTIVE ENGINEER 79

Dated the ...... day of ...... 20 ......

Signature of Contractor Signature of the Witness to one Witness tender’s Signatures Address Occupation

The above tender is hereby accepted by me on behalf of the Government of ODISHA.

Dated...... day of ...... 20 ......

EXECUTIVE ENGINEER UI RIGHT CANAL DIVISION NO.I MUKHIGUDA:KALAHANDI

Agreement No ...... P1/...... Certified that this agreement contains ...... pages only

EXECUTIVE ENGINEER UI RIGHT CANAL DIVISION NO.I MUKHIGUDA:KALAHANDI

CONTRACTOR EXECUTIVE ENGINEER 80

CONDITIONS OF CONTRACT Clause - 1 : All compensation or other sums of money payable by the contractor to Government under the terms of his contract may be deducted from or paid by, the sale of a sufficient part of his security deposit or from the interest arising there from, or from any sums which may be due or may become due to the contractor by Government on any account whatsoever and in the event of his security deposit being reduced by reason of any such deduction or sale as aforesaid, the contractor shall within ten days thereafter make good in shape of NSC/STDR/TDR / Deposit receipt of Nationalized Bank Pledged in favour of the Executive Engineer endorsed as aforesaid any sum or sums which may have been deducted from, or raised by, sale of the security deposit or any part thereof.

Clause 2(a) : The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the written order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract, be carried on with due Compensation diligence (time being deemed to be essence of the contract on the part of the contractor) and the contractor shall pay, as compensation, an amount equal to ½ percent of the amount of the estimated cost, if the whole work as shown by the tender for every day that the work remains un-commenced, or un-finished after the proper dates (The work should not be considered finished until such date as the Executive Engineer shall certify as the date on which the work is finished after necessary rectification of defects as pointed out by the Executive Engineer or his authorized agents, are fully complied with by the contractor to the Executive Engineer’s satisfaction). And further to ensure good progress during the execution of the work, the contractor shall be bound, in all cases in which the time allowed for any work exceeds one month, to complete one-fourth of the whole of the work before one fourth of the whole time allowed under the contract has elapsed, one half of the work, before the half of such time has elapsed, and three fourth of work before three fourths of such time has elapsed, in the event of the contractor failing to comply with the condition he shall be liable to pay as compensation an amount equal to one-third percent on the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the entire amount of compensation to be paid under the provision of this clause shall not exceed 10 percent of the estimated cost of the work as shown in the tender.

(b) If there are possibilities of exceeding this compensation amount as mentioned in clause (a) 10% of the estimated cost, or in any case in which under any clause or clauses of this contract, the contractor shall have rendered himself liable to pay compensation amounting to the whole of his security deposit in the hands of Government (whether paid in the sum or deducted by installments) the Executive Engineer on behalf of the Governor of ODISHA, shall have power to adopt any of the following courses, as he may deem best suited to the interest of the Government. i) To rescind the contract (of which recession notice in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) 20% of the value of the left over work will be realized from the contractor as penalty. ii) To employ labour paid by Deptt. of Water Resources and to supply materials to carry out the work, or any part of the work, debiting the contractor with the cost of the labour and the price of the materials (of the amount of which the cost and price certificate of the Executive Engineer shall be final and conclusive against the contractor) and crediting him with the value of the work done, in all respect in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract; the certificate of the Executive

CONTRACTOR EXECUTIVE ENGINEER 81

Engineer as to the value of the work done shall be final and conclusive against the contractor. iii) To measure up the work of the contractor and to take such part of the work of the contract, as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him (of the amount of which excess the certificate in writing of the Executive Engineer shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by Government under the contract or otherwise or from his security deposit or the proceeds of sale thereof or a sufficient part thereof. In the event of any of the above courses being adopted by the Executive Engineer the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials, or entered into any engagements, or made any advance on account of with a view to the execution of the work or the performance of the contract. And in case the contract shall be rescinded under the provision aforesaid, the contractor shall not be entitled to recover or be paid any sum for any work there to for actually performed under this contract, unless and until the Executive Engineer shall have certified in writing the performance of such work and the value payable in-respect thereof and he shall only be entitled to be paid the value so Certified.

IV) Security deposit of the contractor shall be refunded only one year after the date of completion of the work provided the final bill has been paid and defects, if any rectified. In case, however where refund of security is delayed for non- payment of final bill, two percent of the security deposit recovered as earnest money and initial security shall be refunded and the balance of the security deposit shall be refunded after payment of the final bill. However, the security deposit less any amount due, shall be returned to the contractor subject to the Engineer-in- Charge certifying that no liability attaches to the contractor. Clause - 3 : In any case in which any of the powers, conferred upon the Executive Engineer by clause 3 here of, shall have become exercisable if the same shall not Contractor remains liable be exercised, the non exercise thereof shall not constitute a waiver of any of the to pay compensation if action not taken under conditions in the event any further here of and such powers shall not withstanding clause - 5 to be exercisable.

In the event of any future case of default by the contractor of which by any clause or clauses hereof he is declared liable to pay compensation amounting to the whole of his security deposit, and the liability of the contractor for past and future compensation shall remain unaffected. In the event of the Executive Engineer putting in force the powers vested in him under the preceding clauses, he Power to take possession of a may if he so desires, take possession of all or any tools, plants, materials and require removal of or stores, in or upon the works, or the site thereof or belonging to the Contractor, or sell contractor’s plants procured by him and intended to be used for the execution of the work or any part thereof, paying or allowing for the same in the account at the contract rates, or in case of these not being applicable, at current market rates to be certified by the Executive Engineer whose certificate thereof shall be final, otherwise the Executive Engineer may notice in writing to the contractor or his clerk of the works, foreman or other authorized agent require him to remove such tools, plants, materials, or stores from the premises (within a time to be specified in such notice) and in the event of the contractor failing to comply with any such requisition, the Executive Engineer may remove them at the contractor’s

CONTRACTOR EXECUTIVE ENGINEER 82

expense or sell them by auction or private sale on account of the contractor and at his risk in all respects, and the certificate of the Executive Engineer as to the expense of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor. Clause - 4 : If the contractor shall desire an extension of the time for completion of the work, on the ground of his having been unavoidably hindered in its execution Extension of time or any other ground, he shall apply in writing to the Executive Engineer within 30 days of the date of the hindrance on account of which he desires such extension as aforesaid and, the Executive Engineer shall, if in his opinion (which shall be final) reasonable grounds be shown therefore, authorize such extension of time, if any, as may in his opinion be necessary or proper. The Executive Engineer shall at the same time inform the contractor whether he claims compensation for delay. In case where the sanction of higher authority to grant extension of time is necessary, the Executive Engineer will send his recommendation to higher authority. If the order of the competent authority is not received within 60 days from the date of receipt of recommendation of the Executive Engineer, the Executive Engineer shall grant extension of time under intimation to the concerned authorities so that the contract shall remain in force, but while communicating this extension of time he must inform the contractor that extension is granted without prejudice to Government’s right to levy compensation under relevant clause of the Agreement. Clause - 5 : On completion of the work, the contractor shall be furnished with a certificate by the Executive Engineer (hereinafter called the Engineer-in-charge) of such completion, but no such certificate be given nor shall the work be considered to be completed until the contractor shall have removed from the area of the premises (to be distinctly marked by the Executive Engineer in the site plan) on which the work shall be executed all scaffolding surplus materials and rubbish, and cleared off the dirt from all wood-work, doors, windows, walls, floors or other parts of any building in upon or about which the work is to be executed, or of which he may have had possession for the purpose of the execution thereof, nor until the work shall have been measured by the Officer of the Department of Water Resources in accordance with the rules of the department whose measurements shall be binding and conclusive against the contractor, if the contractor shall fail to comply with the requirements of this clause as

Final Certificate to removal of scaffolding surplus materials and rubbish and cleaning off dirt on or before the date fixed for the completion of the work, the Engineer-in-charge may at the expense of the contractor remove such scaffoldings surplus materials and rubbish and dispose of the same as he thinks fit and clean off such dirt as aforesaid and the contractor shall forthwith pay the amount of all expenses incurred and shall have no claim in respect of any such scaffolding or surplus materials; as aforesaid except for any sum actually realized by the sale thereof.

Sub-Clause - 5 : If in the opinion of Engineer-in-Charge, which shall be final and binding on the contractor, occupation or utilization of a portion of the work completed in no way interferes with progress of the work the same may be occupied or utilised by on behalf of the Govt. under the written order of the Engineer-in-Charge and to get the defects, if any rectified by the contractor at his (Contractor) own cost within two years from the date of completion of the whole work provided that the contractor will not be allowed any concession either in the shape of extension of stipulated period or any other monetary compensation on account of such occupation or use.

Clause - 6 : A bill shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all works executed in the previous month and the Engineer-in-Charge or his subordinate shall take the requisite Payment on intermediate certificate be regarded as advances and bill to be submitted monthly. CONTRACTOR EXECUTIVE ENGINEER 83

measurement for the purpose having the same verified and the claim as far as admissible, adjusted, if possible, before the expiry of ten days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Engineer-in-Charge or his subordinate shall measure up the said work in the presence of the contractor whose counter signature to the measurement list will be sufficient warrant, and the Engineer-in-Charge or his subordinate shall prepare a bill from such list which shall be binding on the contractor in all respects. Provided that, if any balance of the 7% security, outstanding from each such payment shall be deducted so much, not exceeding 5% as may be necessary to make up the balance of the security. All such intermediate payments to the contractor shall be regarded as payments by way of advance against the final payment only and not as payments for work actually done and completed and shall not preclude the requiring of bad, unsound and imperfect or unskillful work to be removed and taken away and reconstructed or re-erected, or any part thereof in any respect, or the accrual of any claim nor shall it conclude, determine, or effect in any way the powers of the - Engineer-in-Charge under these conditions or any of them as to the final settlement or adjustment of the accounts or otherwise, or in any other way vary or affect the contract. Clause - 7 : The final bill shall be prepared by the officers of the Department of Water Resources in accordance with the rules of the Department in the presence of the contractor within one month of the date fixed for completion of the work.

Clause - 8 : If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the Engineer-in-Charge’s store, Stores or if it is required that the contractor shall use certain stores to be provided by the supplied by Engineer-in-Charge under the conditions of this contract (such materials and Government stores and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor, but not so as in any way to . control the meaning or effect of this contract or are specified in the schedule or memorandum hereto annexed) the contractor shall be supplied with such materials

and stores noted in the annexed schedule as are required from time to time to be used by him for the purposes of the contract only, and the value of the full quantity of materials and stores so supplied at the rates specified in the said schedule may be set off or deducted from any sums then, due or thereafter to become due to the contractor under the contract or otherwise, or against or from the security deposit, or the proceeds of sale thereof if the same is held in Government securities, the same or a sufficient portion thereof being in this case sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Government and shall not on any account be removed from the site of the work and shall at all times be open to inspection by the Engineer-in-Charge. Any such materials unused and in perfectly good condition at the time of the completion or determination of the contract shall be returned to the Engineer-in-Charge’s store, at the prevailing market rate or at the issue rate whichever is less if by a notice in writing under his hand he shall so require, but the contractor shall not be entitled to return any such materials unless with such consent, and shall have no claim for compensation on account of any such materials so supplied to him as aforesaid being unused by him, or for any wastage in or damage to any such materials.

Clause - 8(a) : “If a contractor removes any materials or stock so supplied to him from the site of the work in contravention of the provision of this clause with a view to dispose of the same dishonestly, he shall, in addition to any other liability, civil or criminal -arising out of this contract be liable to pay a penalty equivalent to five times the price of the said materials or stock, according to the stipulated rate. The penalty so imposed shall be recoverable from any sum that be then or at any time

CONTRACTOR EXECUTIVE ENGINEER 84

thereafter may become due to the contractor, or from his security deposit, or the proceeds of sale thereof”.

Clause - 8(b) : Owing to difficulty in obtaining certain materials in the open market the Government have undertaken to supply materials specified in the schedule hereto annexed. There may be delay in obtaining materials by the Department and the contractor is therefore required to keep himself in touch with the day to day position regarding the supply of materials from the Engineer-in-Charge and to so adjust the progress of the work that their labour may not remain idle nor may there be any other claim due to or arising from delay in obtaining the materials. It should be clearly understood that no monetary claim whatsoever shall be entertained by the Government on account of delay in supplying materials. However, extension of time for completion of work can be granted on timely application by the contractor vide also Clause-4.

Clause - 9 : The contractor shall execute the whole and every part of the work in the most substantial and workmanlike manner, and both as regards materials and otherwise in every respect in strict accordance with the specifications. The contractor shall also confirm exactly, fully and faithfully to the designs, drawings Works to be and instructions in writing relating to the work signed by the Engineer-in-Charge executed in and lodged in his office, and to which the contractor shall be entitled to have accordance with access at such office, for the purpose of inspection during office hour and the specification drawing contractor shall, if he so requires, be entitled at his own expenses to make or and orders etc. cause to be made copies of the specification, and of all such designs, drawings and instructions as aforesaid.

Clause 10 : The Engineer-in-Charge shall have power to make any alterations in Do not invalidate or additions to the original specifications, drawings, designs and instructions that may appear to him necessary and advisable during the progress of work and the Extension of time in contractor shall be bound to carry out the work in accordance with any instructions consequence of which may be given to him in writing signed by the Engineer-in-Charge and such alterations. alteration shall not invalidate the contract, and any additional work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which he agreed to do the main work, and at the same rates as are specified in the tender for the main work. The time for the completion of the work shall be Rates of work not in extended in the proportion that the additional work differs to the original contract estimate or schedule work and the certificate of the Engineer-in-Charge shall be conclusive as to, such of rates of the district. proportion and if the additional work includes any class of work, for which no rate is specified in this contract, then such class of work shall be carried out at the rates entered in the sanctioned schedule of rates of the locality during the period when the work is being carried on or rate derived from similar type of item existing in the contract, whichever is less and if such last mentioned class of work is not entered on the schedule of rates of the district, then the contractor shall within seven days of the date of his receipt of the order to carry out the work inform the Engineer-in- Charge of the rate which it is his intension to charge for such class of work, and if the Engineer-in-Charge does not agree to this rate he shall by notice in writing be at liberty to cancel his order to carry out such class of work and arrange to carry it out in such manner as he may consider advisable.

No deviations from the specification stipulated in the contract or additional items of work shall ordinarily be carried out by the contractor, nor shall any altered, additional or substituted work be carried out by him, unless the rates of the substituted, altered or additional items have been approved and fixed in writing by the Engineer-in-Charge.

The contractor shall be bound to submit his claim for any additional work done during any month on or before the 15th day of the following month accompanied

CONTRACTOR EXECUTIVE ENGINEER 85

by a copy of the order in writing of the Engineer-in-Charge for the additional work and that the contractor shall not be entitled to any payment in respect of such additional work if he fails to submit his claim within he aforesaid period.

Provided always that if the contractor shall commence work or incur any expenditure in regard thereof before the rates shall have been determined as lastly herein before mentioned, in such case he shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of the determination of the rates as aforesaid according to such rates as shall be fixed by the Engineer-in-Charge. In the event of a dispute, the decision of the Superintending Engineer of the Circle will be final

Clause - 11 : If at any time after the commencement of the work the Governor of ODISHA shall for any reason whatsoever not required the whole thereof as specified in the tender to be carried out, the Engineer-in-Charge shall give notice in writing of the fact to the contractor who shall have no claim to any payment or No compensation for compensation whatsoever on account of any profit or advantage, which he might have derived from the execution of the work in full which he did not derive in alteration in or consequence of the full amount of the work not having been carried out neither restriction of wok to shall he have any claim for compensation by reason of any alterations having been be carried out. made in the original specification drawings, designs and instruction which shall involve any curtailment of the work as originally contemplated.

Clause -12 : If it shall appear to the Engineer-in-charge or his sub-ordinate-in- charge of the work, that any work, that any work has been executed with unsound, imperfect or unskillful workmanship or with materials of any inferior description, or that any materials or articles provided by him for the execution of the work are Action and unsound or of a quality inferior to that contracted for or otherwise not in compensation accordance with the contract, the contractor, shall on demand in writing from the payable in case of bad work. Engineer-in-Charge specifying the work, materials or articles complained of notwithstanding that the same may have been inadvertently passed certified and paid for, forthwith rectify or remove and reconstruct the work so specified in whole or in part, as the case may require or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own proper charge and cost, and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in his demand aforesaid, then the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate for every day not exceeding ten days, while his failure to do so shall continue and in the case of any such failure the Engineer - in -charge may rectify or remove, and re-execute the work or remove and replace with others, the materials or articles complained of as the case may be at the risk and expense in all respects of the contractor.

Clause - 13: All work under or in course of execution or executed in pursuance of the contract shall at all times be opened to the inspection and supervision of the Engineer - in-charge and his subordinates and the contractor shall at all times Work to be open for during the usual working hours, and at all other times at which reasonable notice of inspection. the intention of the Engineer -in-charge or his subordinate to visit the works shall have been given to the contractor either himself be present to receive orders and instruction, or have a responsible agent duly accredited in writing, present for that purposes. Orders given to the contractor’s agent shall be considered to have the same force as if they had been given to the contractor himself.

Clause -14: The contractor shall give not less than five days notice in writing to Contractor or Engineer-in-charge or his subordinate -in charge of the work before covering up or responsible Agents to be present. otherwise placing beyond the reach of measurement of any work in order that the

Notice to be given same may be measured and correct dimensions thereof be taken before the same before work is covered up.

CONTRACTOR EXECUTIVE ENGINEER 86

is so covered up or placed beyond the reach of measurement and shall not cover up or place beyond the reach of measurement, any work without the consent in writing of the Engineer in charge or his subordinate - in charge of the work and if any work shall be covered up or placed beyond the reach of measurement without such notice having been given or consent obtained,, the same shall be uncovered at the contractor’s expense, or in default thereof no payment or allowance shall be made for such work of the materials with which same was executed.

Clause -15: If the contractor or his work people, or servants shall break, deface injure or destroy any part of a building in which they may be working or any Contractor is liable for building, road, fence, enclosure, or grass land or cultivated ground continuous to damages dine and for the premises on which the work of any part of it is being executed or if any imperfection for One damages shall happen to the work while in progress, from any cause whatever or months after certificate. any imperfection became apparent in it within One months from the date of final certificate of its completion shall have been given by the Engineer-in-Charge, as aforesaid the contractor shall make the same to be made good by other workmen and deduct the expenses (of which the certificate of the Engineer-in-Charge shall Contractor to supply be final) from any sums that may be then, or at any time thereafter may become plant, ladders, due to the scaffolding etc. contractor, or from his security deposit or the proceeds of sale thereof, or of a sufficient portion there of and the contractor shall be liable to pay any part of the expenses not so recovered by the Engineer-in-charge.

Clause -16 : The contractor shall supply at his own cost all materials (except such special materials, if any as may in accordance with the contract be supplied from the Engineer -in -charges stores), Plant, tools, appliances, Implements, ladders, cordage, tackle scaffolding and temporary works requisite or proper for ) the proper execution of the work whether original, altered or substituted, and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not to which may be necessary for the purpose of satisfying or complying with the requirement of the Engineer-in Charge as to any And is liable for matter as to which under this conditions be is entitled to be satisfied which he is damages arising for entitled to require together with carriage therefore to and from the work. The contractor shall also supply without charge the requisite number of persons with provision of lights the means and materials necessary for the purpose of setting out works, and fencing etc. counting, weighing and assisting in the measurement of examination at any time and from time to time of the work or the materials. Failing him so doing the same may be provided by the Engineer-in-Charge at the expense of the contractor under the contract or from his security deposit or the proceeds of sale thereof, or of a And is liable for sufficient portion thereof. The contractor shall also provide all necessary fencing damages arising and lights required to protect the public from accident, and shall be bound to bear from non-provision the expenses of defence of every suit, action or other proceedings at law that may of lights fencing be brought any person for injury sustained owing to neglect of the above etc. precautions, and to pay damages and cost which may be awarded in any such suit, action or proceedings to any such person or which may with the consent or the contractor be paid to compromise any claim by any such person.

Clause -17 : No female labour shall be employed within the limits of a cantonment. The contractor shall not employ for the purpose of this contract any person who is below the age of twelve years, and shall pay to each labourer for the work done by such labourer, wages not less than the wages paid for similar work in the neighborhood.

CONTRACTOR EXECUTIVE ENGINEER 87

The Executive Engineer shall have the right to enquire into and decide any complaint alleging that the wages paid by the contractor to any labourer for the work done, by such labourer is less than the wages paid for similar work in the neighborhood. Explanation - Fair wages means wages whether for time of piece work prescribed by the State DOWR provided that where higher rates have been prescribed under the minimum wages Act. 1948 wages at such higher rates would constitute Fair Wages. The Executive Engineer shall have the right to enquire into and decide any complaint alleging that the wages paid by the contractor to any labour for the work done by such labour is less than the wages paid for similar work in the neighborhood. The officer-in-charge of the work shall have the right to decide whether any labourer employed by the contractor is below the age of twelve years and to refuse to allow any labourer whom he decides to be below the age of twelve years to be employed by the contractor. Clause-17(a) – The contractor shall if so required by the Engineer-in-Charge employ one or more Engineering Graduates or Diploma holders as apprentices at his own cost of the work as shown in the tender exceed Rs.2,50,000/- the apprentices will be selected by the Chief Engineer. The period of employment will commence within one month after the date of work order and would last till the date when 90% of the work is completed. The stipend to be paid to the apprentices should not be less than Rs. 9300/- per month in the case of graduate Engineers and less than Rs.9300/- per month in case of Diploma holders. The number of apprentice to be employed should fixed by the Chief Engineer in a manner so that the expenditure does not exceed 1 % of the tendered cost of the work. Clause-17(b) - Special Class contractor shall employ under him one Graduate Engineer and two Diploma Holders belonging to the state of ODISHA, likewise “A” Class Contractor shall employ under him one Graduate Engineer or two Diploma Holders belonging to the state of ODISHA. Such class of Contractors executing civil works, Electrical Works etc. shall employ under them the technical staff as specified above belonging to the respective disciplines for supervision of their works. The Contractor shall pay them monthly emoluments which shall not be less than the emoluments of the personnel of equivalent- qualification employed under the state Govt. of ODISHA. The Chief Engineer, Roads, ODISHA may however assist the contractor with names of such unemployed Graduate Engineers or Diploma Holders if such help is sought for by the Contractor. The names of such Engineering personnel appointed by the Contractor should be intimated to the tender receiving authority along with the tender as to who would be supervising the work. Each bill of the Super Class, Special Class or “A” Class contractor shall be accompanied by an employment roll of the Engineering personnel together with a certificate of the Graduate Engineers or Diploma Holders so employed by the Contractor to the effect that the work executed as per the bill has been supervised by him/them.

Clause-18: The contractor shall not be assigned or sublet without the written approval of the Executive Engineer. And if the contractor shall assign or sublet his Work not to be contract or attempt to do so or become insolvent or commence any insolvency, sublet. proceedings or make any composition with his creditor or attempt to do so or if any bride, gratuity, gift, loan, perquisite reward, or advance, pecuniary or otherwise, shall either directly or indirectly be given, promised, or offered by the contractor, or Contract may be any of his servants or agents to any public officer or persons in the employ of rescinded and Government in any way relating to his office employment, or if any such officer or person shall become in any way directly or indirectly interested in the contract, the Security Deposit forfeited for subletting, bribing or if contractor becomes insolvent. CONTRACTOR EXECUTIVE ENGINEER

88

Executive Engineer may there upon by notice in writing rescind the contract and the security deposit of the contractor shall there upon stand forfeited and be absolutely at the disposal of Government and the same consequences shall ensure if he contract had been rescinded under the clause 2 hereof, and in addition the contractor, shall not be entitled to recover or be paid for any work thereto for actually performed under the contract.

Clause-19: All sums payable by way of compensation under any of these Sum payable by way of compensation to be conditions shall be considered as reasonable compensation to be applied to the considered as reasonable use of Government without reference to the actual loss or damage sustained and compensation without whether or not any damage shall have been sustained. reference to actual loss. Clause-20: In the case of a tender by partners, any change in the constitution of the firm shall be forth with notified by the contractor to the Engineer-in-charge for Changes in constitution of his information. firm. In case of failure to notify the change in the constitution within fifteen days the Engineer-in-charge may by notice in writing rescind the contracts and the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of Government and the same consequences shall ensure as if the contract had been rescinded under clause-2 hereof, and in addition the contractor shall not be entitled to recover or be paid for any works therefore actually performed under the contract.

Clause-21: All works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Superintending Engineer of the Circle for the time being who shall be entitled to direct at what point or points and in what manner they are to be commenced and from time to time carried on.

Clause-22: Deleted.

Clause-23: When the estimate on which a tender is made includes lump sums in respect of parts of the work the contractor shall be entitled to payment In respect of the Items of work involved or the part of the work in question at the same rates as Lump sums in are payable under this contract for such items, or if the part of the work in question estimates. is not, in the opinion of the Engineer-in-charge capable of measurement, the Engineer-in-charge may by his discretion pay the lump sum amounts entered in the estimate, and the certificate in writing of the Engineer-in-charge shall be final and conclusive against the contractor with regard to any sum or sums payable to him under the provisions of this clause.

Clause-24: In the case of any class of work for which there is no such specification as is mentioned in the rule I, such work shall be carried out in accordance with Action where no Circle specification and in the event of there being no circle specification, then in such case the work shall be carried out in all respect in accordance with the specification. instructions and requirements of the Engineer-in-charge.

Clause -25 : The expression “work” or “work” where used in these conditions shall, unless there be something either in the subject or context repugnant to such Definition of construction, be construed, and taken to mean the works by or by virtue of the works. contract contracted to be executed, whether temporary or permanent, and whether original, altered, substituted or additional.

CONTRACTOR EXECUTIVE ENGINEER 89

Clause - 26: Government shall be entitled to recover in full from the contractor any amount that the Government may be liable to pay under Workman’s compensation Act VIII of 1923 to any workman employed in course of execution of any part of the work covered by these contract.

Clause -27 : That the purpose of jurisdiction in the event dispute if any, the contract should be deemed to have been entered into within the state of ODISHA and it is agreed that neither party to the contract or of agreement will be competent to bring a suit in regard to the matters covered by this contract at any place outside the state of ODISHA.

Clause -28: The department will have the right to inspect the scaffolding and centering made for the work and can reject partly or fully such structure if found defective in their opinion.

Clause -29 : Sanitary arrangements will be made by the contractor at this own cost for his labour camp.

Clause - 30 : The contractor shall bear all taxes including sales tax, Income tax, royalty, Cess, Entry Tax, fair-weather charges and tollage, where necessary as applicable from time to time.

Clause – 31 : PRICE ESCALATION

Contract price shall be adjusted for increase or decrease in rates and price of Labour , Cement, Steel, Bitumen, Pipes, POL & other material component in accordance with the following principles and procedures as per formula given below:-

31 (a) (i): REIMBRUSEMENT / RECOVERY DUE TO VARIATION IN PRICES OF MATERIALS OTHER THAN (STEEL, CEMENT, BITUMENT, PIPES & P.O.L.).

If during the progress of the work the price of any materials (Excluding the cost of steel cement, bitumen & P.O.L) incorporated in the work (not being materials supplied from the Engineer-in-Charge’s store) in accordance with clause there of increases or decreases as a result of increase or decrease in the Average wholesale price Index (all commodities), and the contractor there upon necessarily and properly pays in respect of that materials incorporated in the work such increased or decreased price, then he shall be entitled to reimbursement or liable to refund, quarterly as the case may be, such an amount, as shall be equivalent to the plus or minus difference of 85% in between the Average Wholesale price Index (all commodities) which the operating for the quarter under consideration and that operated for the quarter in which the bid was received (last date of receipt) as per the formula indicated below provided that the work has been carried out within the stipulated time or extension thereof as are not attributable to him. If penalty is levied for delayed completion of the work, the contractor shall not be eligible to get price escalation on the above materials on the value of works executed during the extended period.

This clause will be applicable to the contracts where original stipulated period of completion is more than 18 months.

CONTRACTOR EXECUTIVE ENGINEER 90

In the situation where the period of completion is initially stipulated in the agreement as less than 18 (eighteen) months but subsequently the completion period has been validly extended on the ground that the delay in completion is not attributable to the contractor and in the result the total period including the extended period stands more than 18 (eighteen) months or more, price escalation for other materials is admissible only for the remaining period excluding 18 (eighteen) months there from. (This amendment has been issued vide O.M No. 07550400132012-/2606/W, Dated 24.12.2012 of Works Department, Govt. Of Odisha)

Formula to calculate the increase or decrease in the price of materials:-

Price adjustment for increase or decrease in cost of materials other than cement, steel, bitumen, pipes and POL procured by the contractor shall be paid in accordance with the following formula:

Vm = 0.85 x Pm /100 x R x (Mi-M0)/M0

Vm= Increase or decrease in the cost of work during the quarter under consideration due to changes in rates of materials other than cement, steel, bitumen, pipes and POL.

R= Value of work done during the quarter under consideration excluding the work executed under extra items if any at prevailing schedule of rate / derived rates.

M0= The all India wholesale price index (all commodities) prevailed during the quarter of last date of receipt of bids (as published by the Economic Adviser to Govt. of India, Ministry of Industry and Commerce, New Delhi)

Mi= The all India wholesale price index (all commodities) for the quarter under consideration as published by Economic Adviser, Govt. of India, Ministry of Industry and Commerce, New Delhi. In respect of the justified period extended for completion of the work, the index prevailing at the time of stipulated date of completion or the prevailing index of the period under consideration, whichever is less, shall be considered.

Pm= percentage of material component (other than cement, steel, bitumen, pipes and POL) of the work, as indicated in clause – 31 (d) below.

31 (a) (ii) REIMBRUSEMENT / RECOVER OF DIFFERENTIAL COST DUE TO VARIATION IN PRICES OF PRINCIPAL MATERIALS (STEEL, CEMENT, BITUMENT, PIPES NOT ISSUED BY DEPARTMENT) AFTER SUBMISSION OF TENDER.

If after submission of the tender, the prices of Steel, Cement, Bitumen and Pipes (not being supplied by the Department) increases / decreases beyond the price (s) prevailing at the time of the last date for submission of tenders including extension for the work, the contractor shall be eligible to get differential cost due to such hike on the value of works executed during the stipulated period and during the extended period when the reason of delay in completion of the work is not attributable to the Contractor. If penalty is levied for delay completion of the work, the contractor shall

CONTRACTOR EXECUTIVE ENGINEER 91

not be eligible to get price variation on the above materials on the value of works executed during the extended period.

Reimbursement in case of differential cost due to increase in prices of cement, steel, bitumen and pipes are to be made by the Executive Engineer with prior approval of tender accepting authority subject to following conditions:-

1) Contractors have to submit the vouchers showing procurement of difference materials from authorized dealers for the said work.

2) Differential cost will be allowed only for the works which are progressed as per the approved work programme / revised work programme duly approved by the Engineer in Charge.

Recovery in case of decrease in prices of cement, steel, bitumen & pipes shall be made by concerned Executive Engineer from the Contractor immediately.

The increase/decrease in prices of cement, steel, bitumen and pipes for reimbursement/recovery shall be determined as follow:-

a) Adjustment towards differential cost of cement.

Vc = (Ci – C0) / C0 x Actual quantity of cement utilized in the work during the quarter under consideration x base price of cement as prevailing on the last stipulated date of receipt of tender including extension, if any.

Vc = Differential cost of cement i.e. amount of increase or decrease in rupees to be paid or recovered.

Ci = All India Wholesale price index for cement for the quarter under consideration as published by Economic Adviser, Govt. of India, Ministry of Industry and commerce, New Delhi.

C0 = All India Wholesale price index (as published by Economic Adviser, Govt. of India, Ministry of Industry and commerce, New Delhi) for cement as prevailing on the last stipulated date of receipt of tender.

b) Adjustment towards differential cost of steel.

Vs = (Si – S0) x Actual quantity of steel utilized in the work during the quarter under consideration.

Vs = Differential cost of Steel i.e. amount of increase or decrease in rupees to be paid or recovered.

Si = Cost of the Steel as prevailed during the period under consideration as fixed by Steel Authority of India.

S0 = Base price of Steel prevailing as on the last date of submission of tender including extension, if any.

c) Adjustment towards differential cost of Bitumen.

Vb = (Bi – B0) x Actual quantity of bitumen utilized in the work during the quarter under consideration.

CONTRACTOR EXECUTIVE ENGINEER 92

Vb = Differential cost of Bitumen i.e. amount of increase or decrease in rupees to be paid or recovered.

Bi = Average cost of Bitumen prevailed during the period under consideration as fixed by IOCL/BPCL/HPCL.

B0 = Base price of Bitumen as prevailing on the last stipulated date of receipt of tender including extension, if any.

d) Adjustment towards differential cost of Pipes.

V = 0.85 x Pp /100 x R (Pi-P0) / P0.

Vp = Differential cost of pipe i.e. amount of increase or decrease in rupees to be paid or recovered during the quarter under consideration.

Pp = Percentage of pipe component of the work as indicated in the clause 31 (d).

R = Value of work done during the quarter under consideration excluding the value of work executed under extra items, if any, at prevailing schedule of rates or derived rate.

Pi = All India Whole sale price index for the period under consideration as published by Economic Advisor, Govt. of India, Ministry of Industry and Commerce, New Delhi, for the type of pipe under consideration.

P0 = All India Wholesale price index ( as published by Economic Advisor, Govt. of India, Ministry of Industry and Commerce, New Delhi) as on the last stipulated date of receipt of tender including extension, if any, for the type of pipe under consideration.

31 (b) REIMBRUSEMENT / REFUND DUE TO STATUTORY RISE IN COST OF MINIMUM WAGES BY GOVERNMENT.

If after submission of the tender, the wages of labour increases or decreases as a direct result of the coming into force of any fresh law, or statutory rule or order beyond the wages prevailing at the time of the last date of submission of tenders including extensions, the contractor shall be eligible to get escalation due to such hike on the value of works executed during the stipulated period and during the validity extended period when the delay in completion is not attributable to the Contractor. If penalty is levied for delayed completion of the work, the contractor shall not be eligible to get escalation on labour on the value of works executed during the extended period.

The Contractor shall, within a reasonable time of his becoming aware of any alteration in the price of any such wages of labour, give notice thereof to the Engineer-in-Charge stating that the same is given pursuant to this condition together with all information relating thereto which he may be in a position to supply. Engineer- in-Charge may call books of account and other relevant documents from the contractor to satisfy himself about reasonability of increase in prices of wages and actual payment thereof for this purpose, the labour component of the work executed during period under consideration shall be the percentage (as specified in table below) of the value of work done during that period and the increase/decrease in labour shall be considered on the cost of minimum daily wages of any unskilled Labourer, fixed by the Government of Odisha under Minimum wages act.

The compensation foe escalation of labour shall be worked out as per the formula given below:-

CONTRACTOR EXECUTIVE ENGINEER 93

Vi = 0.85 x Pi /100 x R x (Li – L0 )/L0

Vi = increase or decrease in the cost of work during the quarter under consideration due to changes in rates of minimum wages.

R = Value of work done during the quarter under consideration excluding the work executed under extra items if any at prevailing schedule of rate / derived rates.

L0 = the minimum wages for labour as notified by State Government, as prevailing on the last stipulated date of receipt of tender including extension, if any.

Li= the minimum wages for labour as notified by State Government & as prevailed on the last date of the quarter previous to the one under consideration. In respect of the justified period extended, the minimum wage prevailing on the last date of quarter previous to the quarter pertaining to stipulated date of Completion or the minimum wage prevailing on the last date of the quarter previous to the one under consideration, whichever is less, shall be considered.)

Pi= Percentage of labour component of the work, as indicated in the clause 31 (d)

31 (c) REIMBRUSEMENT / REFUND DUE TO VARIATION IN PRICES OF P.O.L.

Similarly, if during the progress of work, the prices of Diesel, Petrol, ,Oil and Lubricants increase or decreases as a result of the price fixed thereof by the Government of India and the Contractor thereupon necessarily and properly pays such increased or decreased price towards Diesel, Petrol, Oil and Lubricants used in the execution of the work, then he shall be entitled to reimbursement or liable to refund, quarterly, as the case may be such an amount as shall be equivalent to the plus or minus difference of 85% in between the price of P.O.L, which is operating for the quarter under consideration and that operated for the quarter of last date of receipt of bids as per the formula indicated below provided that the work has been carried out within the stipulated time or extension thereof as are not attributable to him. If penalty is levied for delayed completion of the work, the contractor shall not be eligible to get price escalation on POL on the value of works executed during the extended period.

Formula to calculate the increase or decrease in the price of P.O.L.:-

Vf = 0.85 x Pf /100 x R x (Fi – F0 )/F0

Vf = increase or decrease in the cost of work during the quarter under consideration due to changes in rates for P.O.L.

Pf= Percentage of P.O.L. component of the work, as indicated in clause-31 (d) below.

R = Value of work done during the quarter under consideration excluding the work executed under extra items if any at prevailing schedule of rate / derived rates.

Fi = All India Wholesale price index for Fuel, Oil & Lubricant (High Speed Diesel) for the quarter under consideration as published by Economic Adviser, Govt. of India Ministry of Industry And Commerce, New Delhi. In respect of the justified period extended, the rates prevailing at the time of stipulated date of completion or the prevailing rates of the period under

CONTRACTOR EXECUTIVE ENGINEER 94

consideration, whichever is less, shall be considered.

F0= All India Whole sale price index for Fuel, oil & lubricant (High Speed Diesel) as prevailing on the last stipulated date of receipt of tender including extension, if any.

31 (d):- The following percentages will govern the price adjustment for the entire contract for different types of works as applicable given in the following table.

Percentage Table

% Component (Cost Wise) Sl. Category of works Steel + cement + No Labour (PI) POL (PF) Bitumen + Other Materials* Structural works 20 5 75 Irrigation 1 Works (% of Earth, Canal & Component) Embankment work 25 10 65

*Note:- Further break up may be worked out considering the consumption of Cement, Steel, Bitumen and pipe in the concerned works for the period under consideration.

31 (e):- APPLICATION OF ESCALATION CLAUSE:

(i) The contractor shall for the purpose of availing reimbursement/refund of differential cost of steel, bitumen, cement, pipe, POL and wages, keep such books of account and other documents as are necessary to show that the amount of increase claimed or reduction available and shall allow inspection of the same by a duly authorized representative of Government and further, shall at the request of the Engineer-in- Charge, furnish documents to be verified in such a manner as the Engineer-in-Charge may require any document and information kept. The contractor shall within a reasonable time of 15 days of his becoming aware of any alteration in the price of such material, wages of labour and / or price of P.O.L. give notice thereof to the Engineer-in-Charge stating that the same is given pursuant to this condition along with information relating thereto which he may be in a position to supply.

(ii) The compensation for escalation shall be worked out at quarterly intervals and shall be with respect to the cost of work done as per bills paid during the three calendar months of the said quarter. The first such payment shall be made at the end of three months after the month (excluding the month in which tender was accepted) and thereafter at three months interval. At the time of completion of the work, the last period for payment might become less than 3 months, depending on the actual date of completion.

Clause-32 :After the work is finished all surplus materials and debris are to be removed by the contractor and preliminary works such as vats, mixing platforms, etc. are to be dismantled and all materials removed from the site. The ground up to 100’-0” wide from the building or canal structure should be cleared and dressed.

CONTRACTOR EXECUTIVE ENGINEER 95

FAIR WAGE CLAUSE Clause -33: (a) The Contractor shall not employ for the purpose of this contract any person who is below the age of twelve years and shall pay for each labourer for work done by such labourers fair wages. Explanation;- “Fair wage” means wages, whether for time or piece work prescribed by the Department of Water Resources (DOWR) provided that where higher rates have been prescribed under the Minimum Wages Act, 1948 wages at such higher rates should constitute fair wages. The Executive Engineer shall have the right to enquire into and decide any complaints alleging that wages paid by the contractors to any labourer for work done by such labourer is less than the wages as per the sub paragraph (I) above. b) The Contractor shall, notwithstanding the provision of any contract to contrary cause to be paid a fair wage to labourers indirectly engaged on the work including any labour engaged by his sub-contractors in connection with the said work as if the labourers had been immediately employed by him. c) In respect of all labourers directly or indirectly employed in the work for the performance of the contractor’s part of this agreement, the contractor shall comply with or cause to be complied with all regulations made by Government in regard to payment of wages, wage period deductions from wages, recovery of wages not paid and deductions unauthorized made, maintenance of wage register, wage cards publications of scale of wages and other terms of employment, inspection and submission of periodical returns and all other matters of a like nature. d) The Executive Engineer or Sub-Divisional Officer concerned shall have the right to deduct, from the money due to the contractor, any sum required or estimated to be required for making good to the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the contract for the benefit of the workers non- payment of wages or of deductions made from his or their wages, which are not justified by their terms of the contract or non observance of the regulations. Money so deducted should be transferred to the workers concerned. e) Vis-à-vis, the Government of ODISHA, the contractor shall be primarily liable for all payments to be made under and for the observance of the regulations aforesaid without prejudice to his right to claim indemnify from his sub-contractor. f) The regulations aforesaid shall be deemed to be a part of this contract and any branch thereof shall branch of this contract. g) Under the provision of the minimum wages Act 1948 and the minimum wages (Central rules 1950) the contractor is bound to allow or cause to be allowed to the labourers directly or indirectly employed in the work one day rest six days continues work and pay wages at the same rate as for duty in the event of default, the Executive Engineer or sub-divisional Officer concerned shall have the right to deduct the same not paid on account of wages for weekly holiday to any labourers and pay the same to the persons entitled thereto from and money due to the contractor. h) The contractor shall at his own expenses provide or arrange for the provision of foot wear for labourer doing cement mixing work and black topping of roads (the contractor has undertaken to execute under this contract to the satisfaction of the Engineer-in-Charge and on his failure to do so Government shall be entitled to provide the same and recover the cost from the contractor.

CONTRACTOR EXECUTIVE ENGINEER 96

i) The contractor shall submit by the 4th & 19th of every month to the Engineer-in- Charge a true statement showing in respect of the second half of the preceding month and the first half of the current month respectively, (1) the number of labourers employed by him on the work (2) their working hour (3) the wages paid to them (4) the accident that occurred during the said fortnight showing the circumstances under which they happened and the content of damage and injury caused by them and (5) the number of female workers who have allowed maternity benefit according to clause (k) and the amount paid to them failing which the contractor shall be liable to pay to government a sum not exceeding 50% for each default to materially incorrect statement. The decision of the Executive Engineer shall be final in deducting from any bill due to contractor amount levied a line. j) In respect of all labour, directly or indirectly employed in the works for performance of the contractor’s part of this agreement, the contractor shall comply with a cause to be complied with all the rules framed by government employed by the ODISHA Public Works Department and its contractors. This will apply to work places having 50 or more workers. k) Maternity benefit rules for female workers employed by the contractor. Leave and pay during leave shall be regulated as follows:

1. Leave

i) In case of delivery maternity leave not exceeding 8 weeks, 4 weeks up to and including the day of delivery and 4 weeks following the day. ii) In case of miscarriage up to 3 weeks from the date of miscarriage. 2. Pay

i) In case of Delivery : Leave day during maternity leave will be at the rate of the women average daily earnings calculated on the total wages earned on the days when full time work was done during a period of three months immediately preceding the date of which she gives notice that she expects to be confined or at the rate of twelve annas a day whichever is greater. ii) In case of Miscarriage – Leave pay at the rate of average daily earning calculated on the total wages earned on the days when full time work done during a period of 3 months immediately preceding date of such miscarriage. Conditions of the Grant of Maternity Leave No-maternity leave benefit shall be admissible to a women unless she has been employed for a total period not less than 6 months immediately preceding date on which she proceeds on leave.

MODEL RULES FOR HEALTH & SANITARY ARRANGEMENTS FOR WORKERS BY ODISHA P.W.D. OR ITS CONTRACTORS

1. Application: These rules shall apply to all construction works in charge of ODISHA Public Works Department which are expected to continue for a year or more. 2. Definitions: i) Work place means a place at which an average of fifty or more workers are employed in connection with construction work. ii) Large work place means a place at which an average of 500 or more workers are employed in connection with construction work. 3. First Aid:

CONTRACTOR EXECUTIVE ENGINEER 97

a) At every work place there shall be maintained in a readily accessible place first aid appliances including an adequate supply or sterilizer dressings and sterilized cotton wool. The appliance shall be good order and in large work place they shall be readily available during working hours. b) At large work places where hospital facilities are not available within a distance of the works first aid posts shall be established and run by a trainee Pharmacist. c) Where large workplaces are remove from regular hospitals an indoor ward shall be provided with one bed for every 250 employees. d) Where large work places are situated in Cities, Towns or in their suburbs and no beds are considered necessary owing to proximity or city town hospitals, and ambulance shall be provided to facilitate removal of urgent cases to these hospital. At the work place some conveyance facilities such as a car, shall be kept readily available to take injured persons or persons suddenly taken seriously ill, to the nearest hospitals. 4. Drinking Water: a) In every work places there shall be provided and maintained at suitable places easily accessible to labour a sufficient supply of water fit to drinking. b) Where drinking water is obtained from an intermittent public water supply each place shall be provided with storage where such drinking water shall be stored. c) Every water supply of storage shall be at a distance of not less than 15M, from any latrine, drain of other source of pollution. Where water has to be drawn from, an existing well, which is within such proximity of latrine, drain of any other source of pollution, the well shall be properly chlorinated before water is drawn from it for drinking. All such well shall be entirely closed in and be provided with a trape door, which shall be dust and waterproof. d) A reliable pump shall be fitted to each covered well the trap doors shall be kept locked and opened only for cleaning or inspection which shall be done at least once a month. e) The temperature of drinking water supplied to workers shall not exceed 900F. 5. Washing and bathing place: i) Adequate washing and bathing places shall be provided separately for men and women. ii) Such place shall be kept in clean and drained condition. 6. Scale or accommodation in Latrines and Urinals: There shall be provided within the premises of every work place latrines and urinals in an accessible place and the accommodation separately for each of them shall not be less than the following. a) Where the number of persons employed No. of seats 1 does not exceed 50.

b) Where the number of persons employed No. of seats 3 exceeding 50 but does not exceed 100

c) For every additional 100 (in particular No. of seats 3 per 100 cases the Executive Engineer shall have the power to vary the scale where necessary) 7. Latrines and Urinals for Women : If women are employed, separate latrines and urinals separate from that for women and marked in the vernacular in conspicuous latter ‘for women only’ shall be provided on the scale laid in rule. Those for men shall be similarly marked ‘for men only’. A poster showing figure of a men and a mown shall also be exhibited at the entrance of latrines for each sex. There shall be adequate supply of water close to the urinals and latrines. 8. Latrines and Urinal : Except in work places provided with water flushed latrines and urinals connected with water born sewerage system, all latrines shall be provided with receptacles on dry earthen system which shall be cleaned at least four times daily and at least twice during

CONTRACTOR EXECUTIVE ENGINEER 98

working hours and kept in a strictly sanitary condition. The receptacles shall be tarred inside and outside at least once a year. 9. Construction of latrines : The inside wall shall be constructed of masonry of stones materials and shall be cement washed inside and outside at least once a year. The dates of cement washing shall be noted in register maintained for this purpose and kept available for inspection. 10. Disposal of Excreta: Unless otherwise arranged for by the local sanitary authorities, arrangements for proper disposal of excreta by incineration at the work place shall be made by means of suitable incinerator approved by Asst. Director of Public Heath or Municipal Medical Officer of Health as the case may be in whose jurisdiction the work place is situated. Alternatively excreta may be disposed off by putting a layer of night soil at the bottom of pucca tank prepared for the purpose and covering it with layer of waste of refuse and then covering it up with a layer of 6 layer of waste or refuse and then covering it up with layer of each for night (when it turn into manure). 11. Provision of shelters during rest : At every work place there shall be provided free of cost two suitable shades one for meals and the other for rest for the use of labourers. The height of the shelter shall not be less than 11 feet from the floor level to the lowest part of roof. 12. Creche : a) At every work place at which more than 50 women workers are employed there shall be provided only one hut for the use of children under the age of 6 year belonging to the women and shall be used for infants and play and their bed room. The hut shall not be used for on a lower standard than the following; i) Thatched. ii) Mud floors and wall. iii) Planks spread over the mud floor and with matting. The hut shall be provided with suitable and sufficient opening for light and ventilation. There shall be adequate provision for sweepers to keep the place clean. There shall be two dhais in attendance. Sanitary utensils shall be provided to the satisfactory of the health officer of the area concerned. The use of the hut shall be restricted to children, their attendants and mothers of the children. b) Where the number of women workers is more than 50 the contractor shall provide one hut and one dhai to look after the children of women worker. c) The size of crèche shall vary according to the number of women workers. d) The crèche shall be properly maintained a necessary equipment like toys etc. shall be provided. 13. Canteen : a cooked food canteen on a moderate scale shall be provided for the benefit of workers whenever it is considered expedient. ODISHA P.W.D. Electricity Department Contractor’s Labour Regulations. 1. Short title: These regulations may be called “ The ODISHA Public Works department/ Electricity Department Contractor’s Regulations. Definitions: In these Regulations unless otherwise expressed or indicated the following words and expression shall have the meaning hereby assigned to them respectively, that is to say: (1 ) “Labour” means workers employed by a contractor of the ODISHA public Works Department/Electrical Department directly/indirectly through a sub-contractor or other person, or by an agent on his behalf. (2) “Fair Wages” means wages whether for time or piece work prescribed by the State Public Works Department provided that where higher rates have been prescribed under the Minimum Wages Act, 1948 wages at such higher rates should constitute fair wages. (3) “Contractor” shall include every person whether a sub contractor or headman or agent employing labour on the work taken on contract. (4) “Wages” shall have the same meaning as defined in the payment of wages Act and include time and piece rate wages, if any.

CONTRACTOR EXECUTIVE ENGINEER 99

3. Display of notice regarding wages, etc. The Contractor shall (a) Before he commence his work on contract, display and correctly maintain and continue to display and correctly maintain in a clean and legible condition, in conspicuous place on the work, notice in English and is the local Indian language spoken by the majority of the workers, giving the rate of wage prescribed by the State Public Works Department/ Electricity Department for the district which the work is done. (b) Send a copy such notice to the Engineer-in-charge of the work. 4. Payment of wages (1) Wages due to every worker shall be paid to him direct. (2) All wages shall be paid in current coin or currency or in both. 5. Fixation of wage period. (1) The contractor shall fix the wage period in respect of the which the wages be payable. (2) No wage period shall exceed one month. (3) Wages of every workman employed on contract shall be paid before the expiry of ten days, after the last day of the wage period in respect of which the wages are payable. (4) When the employment of any worker is terminated by or on behalf of the contractor, the wages earned by him shall be paid before the expiry of the day succeeding the one on which his employment is terminated. (5) All payments of wages shall be made on working day. 6. Wage book and wage cards etc. : (1) The contractor shall maintain a Wage book of each worker in such from as may be convenient, but the same shall include the following particulars: (a) Rate of daily or monthly wages. (b) Nature of work on which employed (c) Total number of days worked during each wage period. (d) Total amount payable for the work during each wage period. (e) All deductions made from the wages with an indication in each case of the ground for which the deduction is made. (f) Wage actually paid for each wage period. (2) The contractor shall also maintain a wage card for each worker employed on the work. (3) The Executive Engineer may grant an exemption from the maintenance of wage bond, wage cards to a contractor who, in his opinion may not directly or indirectly employ more than 1 00 persons on the work. 7. Fines and deductions which may be made from wages: (1) The wages of a worker shall be paid to him without any deduction of any kind except the following. (a) Fines. (b) Deduction for absence from duty, i.e., from the place or places where by the terms of his employment he is required to work. The amount of deductions shall be in proportion to the period for which he was absent. (c) Deductions for damage or loss of goods expressly entrusted to the employed person for custody or for loss of money for which he is required to account where such damage or loss is directly attributable to his neglect or default. (d) Any other deductions, which the Government may from time to time allow. (2) No fines shall be imposed on a worker and no deduction for damage or loss shall be made from his wages until the workers has been given an opportunity of showing cause against such fines or deduction.

CONTRACTOR EXECUTIVE ENGINEER 100

(3) The total amount of fines which may be imposed in anyone wage period on a work all not exceed an amount equal to five paise in rupee of the wages payable to him in respect of that wage period. (4) No fine imposed on any worker shall be recovered from him by installments or after the expiry of 60 days from the date on which it was imposed. 8. Register of fines, etc. (1) The contractor shall maintain a register of fines and of all deductions for damage or loss. Such register shall mention the reason for which fine was imposed or deduction for damage or loss made. (2) The contractor shall maintain a list in English and in the local Indian language clearly defining acts omissions for which penalty or fine can the imposed. It shall display such list and maintain it is clean and eligible condition conspicuous places of the work. 9. Preservation register: The wage register, the wage card and the register of fines, deduction required to be maintained under these regulations shall be preserved for 12 months after date of the last entry made in them. 10. Power of labour Welfare Officers to make investigation or inquiry: The labour Welfare Officer or any other persons authorized by the Government of ODISHA on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper observance of the fair wage clauses and the provisions of these regulations. He shall investigate into any complaint regarding default made by the contractor in regard to such provisions. 11. Report of labour Welfare Officer: The labour Welfare Officer or-other authorized as aforesaid shall submit a report of the result of his Investigation or enquiry to the Executive Engineer concerned indicating the extent. If any to which the default has been committed with a note that necessary deduction from the contractors bill be made and the wages and the other due be paid to the labour concerned. 12. Appeal against the decision of labour Welfare Officers: Any person aggrieved by the decision and recommendation of the labour Welfare Officer or their person so authorized may appeal against such decision to the labour Commissioner within 30 days from the date of decision forwarding simultaneously a copy of his appeal to the Executive Engineer concerned but subject to such appeal, the decision of the officer shall be final and binding upon the contractor. 13. Inspection of Registers : The contractor shall allow inspection of the wage book and wage cards to any of his workers or to his agent at a convenient time and place after due notice is received, or to the labour Commissioner or any other person authorized by the Government of ODISHA on his behalf. 14. Submission of return : The Contractor shall submit periodical returns as may be specified from time to time. 15. Amendment- Government of ODISHA may from time to time, add to or amend these regulation. On any question as to the application, interpretation of effect of these regulations, the decision of the labour Commissioner or any other person authorized by the Government of ODISHA in that behalf shall be final.

Clause 34 - The terms and conditions of the agreements have been read explained to me and ……………………. certify that ……………… clearly understand them.

CONTRACTOR EXECUTIVE ENGINEER 101

GENERAL CONDITIONS 1. RATE The percentage rates quoted should be for finished items or work unless otherwise mentioned in the tender schedule and shall remain valid for a period of ninety days from the date of receipt of tender. The percentage rates quoted in the tender should be written both in words and figures. In case of any discrepancy, the percentages rates written in words shall prevail. The percentage rates quoted will cover (i) cost of all materials, supplies, labour (ii) carriage of all materials from source of quarries to proper work site (stacking where necessary), Worksite to mixing platform and then to proper work, with all leads, lifts and delifts (iii) rehandling (iv) Royalty and all taxes (v) Curing water required for construction and curing (vi) plants, tools, machineries, implements, loaders, gangway scaffolding (vii) Labour and materials required for setting out works, construction and maintenance of reference pillars, haul road and maintenance haul road (viii) construction of storage sheds, labour sheds, providing labour amenities watch and ward of materials (ix) fencing and light for protection (x) protection work (xi) Providing block outs and all other contingencies (xii) over head charges, sundries and all other contingent and incidental charges. The tenderer shall also be deemed to have quoted the rates after having carefully examined the detailed tender call notice, tender documents, special conditions, and/or Additional conditions. P1/F-2, Agreement, detailed drawings, specifications, visited the site of work and its surroundings, visited the quarries, approach roads required for the work and satisfied himself as to the form and nature of the site, approach roads and quarries, assessed all the requirements, needed for execution of the works, made an inventory of such information’s as to risks, contingencies, arrangements and other circumstances which would influence or affect his rate and tender for satisfactory completion of work. The tenderer shall be entitled/responsible for the efficiency of percentage rates, quoted or negotiated rates offered due to negotiation thereafter should be noted that the above operations are not exhausted: and omissions of any such items required for delivering finished items of work and completion of work shall not be plea by the contractor that some items are not covered by the rates quoted or negotiated thereafter by him. It should also be noted that the contractor is not entitled to any claim/any compensation or losses for making any such aforesaid arrangements to execute the work due to stoppage of work or close of work decrease of quantity in any item in the work for whatever reason. Letter up loaded for the tender intimating modification to the tender already submitted will not be considered.

2. CAPABILITY OF TENDERER Details of plants & Machinery proposed to be used in the work with period details of technical and supervising personal proposed to be engaged in the work past, full information in the capacity, financial resources and experience are to be furnished clearly by the tenderer.

3. TAXES, ROYALTY, CLEARANCE CERTIFICATE & LICENCE ETC. It is hereby expressly provided that the contractor shall bear all taxes, royalties, income tax, sales tax, fair weather charges, tollage fees, all local taxes including enhancements thereafter during execution.

CONTRACTOR EXECUTIVE ENGINEER 102

The tender will not be considered unless the tenderer encloses up to date certify copy of the Income tax, Sales tax clearance certificate, PAN card, VAT form-612, Labour license and contractor’s license along with the tender and shall have to produce the originals as and when so required. 4. DEVIATION OF QUANTITY, EXTRA ITEMS & MODIFICATIONS. Right is reserved by the Engineer-in-charge to make such increase or decrease in the quantity or items of work mentioned in the schedule as may be considered necessary for satisfactory completion of the work and such Increase or decrease to be made in writing by the Executive Engineer to the contract or his agent shall neither in any way invalidate the contractor, nor rates nor the contractor shall be entitled to get any compensation on this account. But extension of time shall be considered, if necessary, on the application of the contractor. It should be clearly understood that no claim whatsoever will be entertained as regards extra item of work or extra quantities of any item besides those provided in the agreement if executed without written order of the Engineer-in-Charge. The contractor shall at his own cost watch the day to day up to date quantity of work executed and intimate in writing additional work necessary well in advance and take up such additional works or extra items of work only after receipt of written approval of the Executive Engineer. The written authority given by the Executive Engineer for any modification or alterations or addition to the work are to be measured and valued and added to or deducted from the amount of the contract as the case may be, at rates from the contractor, rates, in force at the time when the particulars item of work was commenced. In those cases in which rates do not exist the Chief Engineer will fix the rates, which is final and binding on the contractor. 5. ALLOTMENT OF WORK TO OTHER AGENCY & SUB-LETTING. The contractor shall not sublet the work or a portion of the work without the written approval of the Department. 6. NO RELATIONSHIP CERTIFICATE The contractor shall have to furnish a certificate along with the tender to the effect that he is not related to any officer of the rank of Asst. Engineer and above connected with estimate, tender and execution of the work and any officer of the rank of Asst. Secretary or above of Water Resources Department, Government of Odisha. 7. DAMAGES TO PROPERTY In case of any damage to Government property or public property or any private property due to negligence or any such action of the contractor, or contractors’ employee resulting in damage of thereby, the contractor shall be liable to be penalized to the extent of the assessed value of the damage or the out turn lost.

8. RULES & REGULATIONS The contractor shall abide by all rules and regulations of the State & Central Govt. / Local Bodies in controlling the operations involved to carry out the work and indemnify the Government and employees of the Govt. against all suits, losses, demands, actions, judgments and cost of every kind resulting from the conduct of the contractor and his employees in violations of the said rules and regulations

9. OBLIGATION TOWARDS CONTEMPORARTY CONTRACTORS

CONTRACTOR EXECUTIVE ENGINEER 103

The Contractor shall take into consideration the needs and requirements of the other contractors working in the Project or nearby during the tenure of his contract and shall neither take nor cause to be taken any steps or action that may cause disturbances to their works, labour or arrangements etc.

Any action by the contractor which the Engineer-In-Charge in his unquestioned discretion may consider as infringement, the above shall be considered as a breach of the contract and the Engineer-in-charge may take such caution against the contractor as he may deem fit.

10. ARCHEOLOGICAL FINDINGS

The contractor shall deliver to the Engineer-in-Charge all articles of archeological importance as and when / those are found in course of execution.

11. SUSPENSION OF WORK

The Engineer-in-charge may from time to time by written orders without in any way violating the contract direct the contractor to suspend the work or any part thereof at any time and the contractor after receiving such written order shall not proceed with the works or item thereof ordered to be suspended until he receives a written notice or authority from the Engineer-in-Charge to proceed with the said work again.

Should the works be ordered to be suspended directly in the interest of safety of the work due to act of God, force major, war or indirectly as a result of the contract in respect of the locality of materials, workmanship, programme of execution the order of execution etc., the contractor shall not be entitled to claim any compensation or any loss to him directly or indirectly.

During the period of suspension of the work the contractor shall properly protect and secure the work materials and machinery in all respect at his own cost and risk.

12. PROGRAMME & PROGRESS

The contractor shall carry out the work in conformity to P1 contract.

13. PRECAUTONS AND SAFETY MEASURES

(Natural calamities and other cases)

The contractor at his own cost and risk shall take precautions to protect the work from damages due to rains, flood, cyclone, fire or by any other natural calamity public agitation or riots and etc, and also make good such damages, if any at his own cost during the period of execution and till the work, is taken over by the Department. The contractor shall not be paid any compensation for the expenditure towards losses due to idle labour or due to idle machinery on account of the above reasons.

Accumulation of slit or any foreign materials are to be cleared by the contractor at his own cost during the course of execution and till the work is completely taken over by the Department. The rates quoted by the contractor should be inclusive of all such contingencies.

CONTRACTOR EXECUTIVE ENGINEER 104

The contractor is responsible for and is to make good all injuries, damages and repair occasioned or rendered necessary to the same by fire or accident of other causes and he is to hold the Government of ODISHA or his employees free from any claims for injuries to persons or for structural damages to property due to neglect or default or want of proper care or misconduct on part of the contractor or any his employee during the execution of work. The contractor shall provide necessary precautions and safety measures prescribed by ISI, Central Government, State Government, Local administration with its day to day amendments, if any.

The contractor shall be responsible for all accidents which may arise from whatsoever causes it may arise and the contractor is required to meet all expenses, claims, damages and compensation due to such accident (s) at his own cost.

The contractor shall without prejudice to any other liability pay prescribed fine per day to Government for each day of default for his failure, to comply with the provisions of the safety manual (N.O.C.W.& P.C.86)

14. PRICE PREFERENCE

Concession and price preference to M/s ODISHA Construction Corporation and other firms registered under Government of ODISHA / Government of ODISHA Undertaking shall be considered as per rule in vogue.

15. ADDITIONAL SHIFT

The contractor shall arrange adequate lighting for night shifts at his own cost whenever necessary to suit the construction programme.

16. TOOLS, PLANTS & MACHINERIES

Ordinarily no tools or plants and machinery or equipments will be hired to the contractor. The contractor will at his own cost arrange necessary tools; plants and machineries required for the efficient execution of work and the rates quoted should be inclusive of such charges. The Department may lend on hire some machineries for use in the work with recovery of hire charges subject to their availability on terms and conditions as per rules in vogue which can be seen in the office of the Executive Engineer. The Executive Engineer has full right to withdraw the departmental machinery at any time from the contractor for any other work or for any other reasons and the contractor shall not be paid any other compensation or losses due to withdrawal of the machine. It is hereby expressly provided those on the pleas of non-supply of machineries the work should not be delayed. Any compensation on such account is not tenable.

17. STOCK MATERIALS:

Empty Cement gunny / polythine bag shall be returned in good condition at the departmental store failing which the cost of the same @ Rs.313.01 per 100 bags shall be recovered from the contractor.

CONTRACTOR EXECUTIVE ENGINEER 105

Every tar / paint drums shall be returned in good condition at the departmental store failing which the cost @ Rs……… per drum shall be recovered from the contractor . Surplus materials not required for the work shall be returned by the contractor at the departmental store at his own cost and risk, failing which the cost shall be recovered from the contractor at five times of stock issue rate of the department or at market price of materials whichever is higher. The contractor shall be credited with the issue rate original, issued minus depreciation due to deteriorated or damages as shall be fixed by the Engineer-in-charge. In case of dispute the decision of the Superintending Engineer shall be final.

18. LABOUR AMENITIES / REGISTRATION

The contractor shall provide at his own cost housing accommodation labour amenities drinking water supply sanitation, medical aid, foot-wear in cement concrete work and/or black topping works and other facilities to the laborers engaged on the work as required under labour laws and regulations. He shall abide by THE FAIR WAGE CLAUSE, ODISHA P.W.D. / ELECTRICITY DEPARTMENT CONDTRACTORS LABOUR REGULATIONS” and amendment if any during the contract period. The contractor shall be liable to fully indemnify for payment of compensation under Workmen’s Compensation Act and the department reserves the right to recover the compensation, if any those not paid. The contractor shall have to be got registered with the labour department for engagement of labourers as per rules in vogue. The contractor will have to submit the Engineer-in-charge monthly return both skilled and unskilled labourers employed by him for the work. The contractor shall obtain Medical Fitness of labourers engaged in the work from a RMP from nearest Government Hospital / PHC and the same should be updated monthly. No labour without medical fitness certificate should be engaged in the work. The Engineer-in- Charge may verify such fitness from time to time. 19. LABOUR

The contractor is preferably required to employ local labour. He may also import necessary skilled and unskilled labourers from outside as and when it is so required and the contractor percentage rates in tender shall be deemed to have adequate converge on account of import and employment of required labourers and providing facilities and amenities to them.

20. CONTRACTOR’S REPRESENTATIVE & POWER OF ATORNEY HOLDER

The contractor underwritten intimation to the Engineer-in-charge shall employ and authorize at least one representative sufficiently technically qualified or otherwise competent experienced and well versed in all aspects of the work in order to carry out and supervise the work at the site for and on behalf of the contractor. The said representative shall have full power to enter in to negotiation at site in regard to the implementation of the contract.

It is the sole responsibility of the contractor on the act(s) of power of attorney holder/of his agent. The contractor is also responsible to see that intimation in writings is received by all

CONTRACTOR EXECUTIVE ENGINEER 106

departmental officers and staff in charge of works and when the power of attorney is revoked or the representative is withdrawn. The Executive Engineer may require the contractor to dismiss or discharge or remove any person employed by the contractor in the work due to the misconduct or incompetence or otherwise whose presence at work site is considered to be harmful and the contractor is to comply forthwith such requirements. 21 (a) TECHNICAL HANDS AND APPRENTICES

The contractor shall employ requisite number of Engineering Graduate. Diploma Holders and Apprentices, technical and non-technical staff for quality testing of materials at his own cost for proper supervision and quality control and the number of such personnel shall not be less than the numbers prescribed.

21 (b) NEW CLAUSE

Special class contractor shall employ under him one Graduate Engineer and two Diploma Holders belonging to the State of ODISHA Likewise ‘A’ class contractor shall employ under him on graduate Engineer or two Diploma Holders belonging to State of ODISHA.

The contractor shall pay to the Engineering personnel and quality control staff engaged for the test monthly emoluments, which shall not be less that the emoluments of the personnel of equivalent qualification employed under State Government of ODISHA. The Chief Engineer, Roads, ODISHA, however assist the contractor with names of such unemployed Graduate Engineers and Diploma Holders, if such help is sought for by contractor.

Each bill of the Special class or Super class contractor shall be accompanied by an Employment Roll of the Engineering personnel together with a certificate of Graduate Engineer or Diploma Holder so employed by the contractor to the effect that the work executed as per the bill has been supervised by him.

22. SPECIFICATIONS & DRAWINGS

The work has to be carried out in accordance with detailed specification of work and / or ODISHA detailed standard specifications and / or Indian Standards Specification and / of instructions and specifications supplied in writing during execution of work by the Engineer-in- charge. The decision of the Engineer-in-charge in this regard is final.

Signed drawing shall not be an order of work unless it is entered in the agreement or schedule of drawings under proper attestation of the contractor and the Engineer-in-charge or unless it has been sent to the contractor by the Engineer-in-charge with a covering letter confirming that the drawing is an authority for work in the contract.

23. BLASTING PROCEDURE

Blasting where required shall be taken up on when proper precautions have been taken for the protection of persons and property in accordance with IS 4081-1967 Safety code for Blasting and related drilling operations. Blasting shall be carried out only by licenced person thoroughly cover sent with the working methods and precautions to be observed in using and handling explosives. To avoid the danger of injury from flying debris all personnel in

CONTRACTOR EXECUTIVE ENGINEER 107

a blasting area shall retreat to an adequate cover while carrying out execution. Adequate precautions in accordance with IS 3764-1966 (Safety code of Excavation work) shall be taken for the safety of workers. The executing agency is to arrange the required magazine for blasting materials and permission from the competent authority for blasting solely at his own cost. The agency should have adequate number of authorized blaster with them to execute the blasting operation. The working area passes through locality in which inhabitants normally reside.

24. QUARY, APPROACH ROAD & ETC.

The tenderer should get fully acquainted with the site of work, the quarries, approach roads and other local conditions, before tendering and should make himself fully satisfied with regard to the quantity and quality of the materials available. The contractors rate shall be inclusive of cost of materials, all taxes, royalty, cost and erection of plants, conveyance including loading, unloading, re-handling, cost of operating personnel, running maintenance and depreciation of transport vehicles and plant and leads, lifts and de-lifts, re-handling and etc. The contractor shall have to arrange quarries of forest and/or Revenue Department at his own cost.

If at any stage of construction quarries become un-approachable or unsuitable for the work then the contractor is to obtain materials from other suitable quarries duly approved by the Engineer-in-charge for which no extra payment will be made.

25. CONTRACTOR DIENG, BECOMING INSOLVEMENT, INSANE OR IMPRISONED. In the event of the death or Insanity of the contractor, the contract may be terminated notice in writing pasted at the site and advertised in one issue of the local newspapers. All acceptable works shall thereafter be paid at appropriate rates after recovering al the contractor’s dues to Government to the persons entitled to receive and give a discharge for such payment. If the Contractor is imposed, becomes insolvent, compound with his creditors has a receiving order made against him or carries on business under a receiver for the benefit of the creditor or any of them, or being a partnership firm becomes dissolved, or being a corporation goes into liquidation or commence to be wind up not being a voluntary winding up for the purpose. Only for amalgamation, the Department 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 Department, subject to his providing an appropriate guarantee for the performance of such contract.

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.

CONTRACTOR EXECUTIVE ENGINEER 108

26. (a) FORECLOSURE OF WORKS BY GOVERNMENT If any time after award of the contract the Govt. for any reason whatsoever does not require the whole or any part of the works to be carried out, the Engineer-in-charge shall give notice in writing to that effect to the Contractor. The contractor shall not have claim to any compensation whatsoever, on account of any profit or advantage which he might have derived from the execution of such works. Thereupon the contractor shall be paid at contract rates for works executed and in reasonable amount as certified by the Engineer-in-charge for the items hereunder mentioned which could not be fully utilized on the work because of the foreclosure. (a) Preliminary, site work such as temporary access roads, temporary labour huts, staff quarters and the site offices, storage accommodation and water storage, tanks. (b) Contractors material either brought to site or for which the contractor is legally bound to accept delivery from the suppliers provided, however that the quantities of such materials are not in exceeds of reasonable requirements of works. The decision of the Engineer-in-charge in respect of reasonable quantity required for works will be final and conclusive. If the contractor wishes to take away sum of materials the Engineer- in-charge may permit him to do so. (c) Materials supplied by Government except for normal wastage shall be returned at rates at which these were originally issued less allowance for and deterioration or damage, which may have been caused while those materials were in the custody of the contractor. The contractor shall also be paid the cost of transporting such materials from Government stores to site and from the site to Government stores, as the case may be. (d) Transporting of contractor’s tools and plants from the contractor’s permanent stores to site from the site of the contractor’s permanent stores. (e) Mobilization and repartition of contractor’s site staff and imported labour. The contractor shall if required by the Engineer-in-charge, furnish him books of account and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition. 27. SETTLEMENT OF DISPUTES

If the contractors consider any work demanded of him to be outside the requirement of contract or conceder’s any drawings, record or ruling of the Executive Engineer any matter in connection with or arising out of contract or the carrying out of work to be unacceptable he shall promptly ask the Superintending Engineer in writing for instructions or decisions. These upon the Superintending Engineer may afford an opportunity to the contractor to be heard and to offer evidence within a fortnight and give his written instructions or decision within a period of thirty days from the date of hearing. Upon receipt of the written instructions or decision the contractor shall promptly proceed without delay to comply with such instructions of decision. If the Superintending Engineer does not give his instructions decision in writing within a period of forty five days of receipt or if the contractor is dis-satisfied may within a week after receiving instructions or decision appeal to the Chief engineer failing which the decision or Superintending Engineer is final and conclusive. The Chief Engineer shall afford any opportunity within a fortnight to the contractor to be heard and to offer evidence in support of

CONTRACTOR EXECUTIVE ENGINEER 109

his appeal. The Chief Engineer shall give decision within a period of thirty days after the contractor has given the said evidence in support of his appeal. If the Chief Engineer does not give the decision within a period of 45 days of if the contractor is dissatisfied with the decision of the Chief Engineer, the contractor within a period of a week from receipt of the decision or after 45 days shall refer the dispute to Government in Water Resources Department failing which the said decision shall final and conclusive. The decision of Government in Water Resources Department is final and binding.

28. COURT OF JURISDICTION ( As per clause-27 of Form-F2)

That the purpose of jurisdiction in the dispute, if any, the contractor should be deemed to have been entered into within the state of ODISHA and it is agreed that neither party to the contractor agreement will be competent to bring a suit in regard to the matters covered this contract at any place outside the State of ODISHA.

29. ENTERING TO CONTRACT

The tenderer whose tender is accepted shall within ten days upon the written intimation being given to him make an initial security deposit and the sign the agreement along with production and supply of necessary documents for the due fulfillment of the contract in the office of the Executive Engineer. The security deposit together with the earnest money should be taken as the security deposit for the fulfillment of the contract. Failure to enter into the required agreement or to deposit the security money within the stipulated period shall entail forfeiture of the earnest money and rejection of tender in case of fixed deposit holder the amount of earnest money will be recovered from the fixed deposit.

30. ESCALATION

Escalation cost will be applicable as per orders of Govt. of ODISHA Works Department Memorandum issued vide their No.FAILLM33/86 10273 Dated 7.4.86 read with Works Department Order No.5606/WE dt.3.4.07 which has been amended vide OM No.07550400132012-12606 dt.24.12.2012 of Works Department Government, of Odisha in vogue and same can be seen in the division office. Percentage of materials component excluding cost of departmental materials denoted by Pm and percentage of labour component denoted by Pl and percentage of POL by Pf as shown against the schedule item shall be adopted for calculation of cost.

31. LAYOUT

The contractor is to supply at his own cost necessary labour and materials for mixing platforms, vat and labour for reference i.e. bench mark pillar, level pillars, alignment pillars, pegs, string labour for benching and leveling etc. necessary for the purpose of alignment laying profiling and checking the work from time to time and maintain the same in the perfect condition at his cost and risk till final measurements and final check measurements. Pillars required for layout will be supplied by the contractor. It shall be noted that checking shall not absolve contractor of his own responsibility of maintaining the accuracy of work.

CONTRACTOR EXECUTIVE ENGINEER 110

The contractor shall be responsible for the true and proper setting out of work for the correctness of levels, dimensions block outs alignment of all parts of the work and for the provision of all necessary application in connection here with done by him or by his men from these reference points. The contractor shall ask for omission or mistake if any, in writing, failing which consequent mistakes, omission shall be made good at the cost and risk of the contractor.

32. SITE ORDER BOOK

The site order book numbered and rectified with pages serial number shall be issued by the Executive Engineer. The Section Officer shall maintain it systematically and carefully as the measurement book for the work till completion of the work and thereafter surrender it to the Division office for record. The order book shall be available with the Section Officer at the site during working hours. Order regarding the work as and when necessary entered in this Book by the Executive Engineer or his superiors in office and instructions defective work etc. If any entered by the Sub-Ordinate Officer not below the rank of Sectional Officer in charge of work with their dated signature in exercising of statutory powers vested on them either noted by the Contactor or his agent shall be deemed to have been duly issued by the Engineer for the purpose of the contract copy of extract of these orders or instructions are to be supplied up to next immediate superior officer who has recorded. 33. CLAIM BOOK

The claim book numbered and certified with pages serially numbered shall be issued by the Executive Engineer to the contractor or receipt of written requisition from the contract or who shall maintain it systematically and securely and shall record in it such item as would enable him to record item of the work which are not covered in the contract and or clearable as extra claims shall be entered regularly in this book under the dated signature of the contractor or his authorised agent and an extract copy should be submitted in the same days to the Engineer-in-charge. A certificate should also be furnished along with these claims to the effect that beyond the claims entered in the book the contractor have no other claims to record a certificate to that effect should be furnished by the Contractor in the claim book. Each claim must be definite and should give a brief note of the quantities, rate and the total amounting claims. The contractor is responsible to submit the claim book regularly to the Executive Engineer by the 15th days of each month, for his orders and it should be clearly understood that claims not preferred in the aforesaid manner are liable to be summarily rejected. The claim book shall be finally surrendered by the Contractor to the Executive Engineer for record.

34. HANDING OVER SITE

The site shall be handed over the land acquired, in case of delay in availability of land for the work of working spaces or stocking yard or spoil yard or borrow area no compensation whatsoever shall be admissible but extension of time will be considered on its merits.

35. MAINTENANCE OF WORK

CONTRACTOR EXECUTIVE ENGINEER 111

The contractor shall maintain the work and all works connected with the work in good and perfect condition up to twelve months from the date of completion of the work. The contractor shall maintain the top surface of all embankments fairly level with addition of earth towards settlement. Should any damage be caused to the work or any other ancillary works by rains strips or similar other causes till twelvemonths from the date of completion, the contractor shall make good the damages at this own expenses as and when such damages occurred failing any defects shrink settlement or other faults which may appear within twelve months from the completion of work shall be made good at the cost of the contractor.

36. COMPLETION OF THE WORK AND CLEARING SITE OF WORK

The contractor shall inform in writing to the Executive Engineer immediately after he completed the work and the said intimation should reach the Executive Engineer within a week time from the date of completion. However, the work shall not be considered complete until such date as the Executive Engineer shall certify as the date on which the work is completed after necessary rectification of defects as pointed out by the Executive Engineer or his authorized agents are fully complied with by the contractor to the Executive Engineer’s satisfaction. The contractor shall be responsible to make good at his own expenses defects which may develop or may be notified before or after twelve months from the certified date of completion by the Engineer-in-charge shall rectify the defects and the expenses thereof is to be recovered from the Contractor on the failure of Contractor to make good the defects. After the work is finished, al surplus materials should be removed from the site of work preliminary works such as vats mixing platforms etc. should be dismantled and all materials removed from the site and as per the direction of the Engineer-in-charge. The said areas should be left neat and clean dressed by the contractor at his own cost.

37. ADDRESS OF CONTRACTOR

The contractor shall give his full name and postal address including e-mail address and FAX number. Any undelivered notice or instruction or communication to the contractor or to his authorized agent due to his/their absence or due to change of address or for refusal to accept notified in the notice board of the concerned office shall be deemed to have the same force as if they have been served on the contractor. The contractor is responsible to forthwith notify and intimate in writing to departmental officer any change in address and otherwise the contract shall be deemed to have made necessary arrangements to remain in close watch to all such publication in the notice board of the departmental officers.

38. AMENDED SALES TAX CLAUSE / VAT

The rates quoted by the contractor shall be deemed to be inclusive of sales tax/ VAT on all the materials that he will have to purchase for performance of the contract.

The rates quoted by the contractor in the tender for works shall include sales tax/ VAT that may be levied on turnover of works contract according to the law and regulations as prevalent on date of opening of tenders. Subsequent rise or fall in the rate of Sales tax/ VAT during the currency of the contract shall be paid by or credited to the Government. Sales tax as applicable with dues if any is to be deducted from each running account bill for the work in accordance with provisions under clause 4 of the ODISHA Sales Tax ordinance 1986 or as amended from time to time.

CONTRACTOR EXECUTIVE ENGINEER 112

ii) Cess @ 1% shall be deducted from the bill in accordance with the provision U/s 3(I) of the Building and Other Construction Workers Welfare Cess Act -1996 vide Resolution No. LL- 1-III-125/07- 12653 dt.15.12.08 of Govt. of ODISHA, Labour and Employment Department. 39. CORRECTION TO BONAFIDE MISTAKES OR OMMISSIONS: If there are any bonafide mistakes or omissions in the contract detected later, the Engineer-in-charge can rectify such mistakes or omissions after due approval by the competent authority. Such rectification can be made after drawing supplementary agreement with the contractor if necessary in order to remove the ambiguities or indefiniteness in the contract. The executing agency is bound to accept the corrections reflected in supplementary agreement.

40. BONOUS PAYMENT: As per Amendment to Para-3,5,5(V) of Note-III of OPWD Code Vol-1 by modification.

41. CODAL PROVISIONS

The tenderer should be aware of the relevant provisions of OPWD code amended from time to time.

CONTRACTOR EXECUTIVE ENGINEER 113

CERTIFICATE BY CONTRACTOR

The terms and conditions of the detailed notice and additional / specified P1- Agreement have been read, explained and * I/We Certify that* I/We clearly understand them.

Signature of Contractor (Full Name In Block Letters) With Postal & e-mail Address

Permanent Address:

Present Address:

e-mail ID:

CONTRACTOR EXECUTIVE ENGINEER 114

Section - VI Special Conditions of Contract

CONTRACTOR EXECUTIVE ENGINEER 115

SPECIAL CONDITIONS OF THE CONTRACT (SPECIFIC TO THE WORK)

1. DEFINITIONS In the Contract (as hereinafter defined) the following words and expressions will have the meanings here by assigned to them: a) Approved/Approval- Means approved in writing. b) Construction Plant- Means all equipments, appliances or things of whatsoever nature required for the executing, or completion, maintenance of the works or temporary works but does not include materials or other things intended to form or forming part of the permanent work. c) Contract - Means the instruction and information for tenderers General and Special conditions of the contract, Technical specification, drawings, tender (including the schedule of quantities and tender prices) the formal agreement and all agenda and attachment related to the above. d) Contractor- Means the particular person, firm or Corporation with whom the contract has been made for executing the work. e) Drawing - Means the drawings referred to in the specifications, any modifications of such drawings approved in writing by the Executive Engineer, U.I.Right Canal Division No.I, Mukhiguda, Kalahandi and such other drawings as may from time to time be furnished or approved in writing by the Engineer-in-charge. f) Engineer-in-charge - Means the Executive Engineer, in-charge of the work specified or parts of the works under the contract, or such other departmental assistants or sub-ordinates to whom the Executive Engineer, in- charge may have delegated certain duties, acting separately within the scope of particular duties entrusted to them. g) Government - Means Government of ODISHA, Department of Water Resources. h) I.S.S./B.I.S. - Means Indian Standard Specifications/Bureau of Indian Standard. i) Temporary works - Means all temporary works of every kind required for the performance of the contract. j) SPECIFICATION - Whenever the terms “ Specification “ is used, apart from a specified standard specification, it shall mean the specification or plan prepared for a particular site as instructed to the contractor in executing that item of work. 2. PERIOD OF COMPLETION The period of completion shall be 24 (twenty-four) calendar months as has been specified in Detail Tender Call Notice from the date of issue of notice to proceed with the work. 3. LANGUAGE OF THE CONTRACT All written material and correspondence in connection with the contract shall be in English. 4. REFERENCE MARKS AND BENCH MARKS The basic centre lines, reference points and benchmarks will be fixed by the Engineer-in- charge. The contractor shall establish at his own cost, at suitable points, additional reference lines and bench marks as may be necessary. The contractor shall remain responsible for the sufficiency and accuracy of all his benchmark and reference lines. He shall take precaution to see that the lines, points bench marks by the Department are not disturbed by his work and shall make good such damage.

CONTRACTOR EXECUTIVE ENGINEER 116

5. Defects Liability - The contractor shall be responsible to make good of the defects at his own expense, which may develop or may be noticed before the expiry of one year from the certified date of completion. All notices of such defect shall be given to the contractor promptly. In case, the contractor fails to make good of the defects, the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda, KALAHANDI shall employ other persons/ agencies to make good of such defect, and all expenses consequent thereof and incidental thereto, shall be borne by the contractor. 6. Setting out works - The contractor shall be responsible for the correct setting out of all works at his cost. The contractor shall execute the work true to alignments grade and levels as shown in the drawings and directed by Engineer-in-charge of the work and shall check these at frequent intervals. The contractor shall provide all facilities like labour and instrument and shall co-operate with the Engineer-in-charge of work to check all alignments, grades, levels and dimension. Such checking shall not absolve the contractor of his own responsibility of maintaining the accuracy of the work. 7. ACCIDENTS. It shall be the contractor’s responsibility to protect against accidents on the works. He shall indemnify the Government against any claims for damage or for injury to person or property resulting from and in the course of work and also under the provision of the workmen’s compensation Act. 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 Executive Engineer, U.I.Right Canal Division No.I, Mukhiguda, KALAHANDI the fact stating clearly and in sufficient details the facts and circumstances of such accidents on the subsequent action. All other accidents on the works involving injuries to persons or damage to property other than that of the contractor shall be promptly reported to Executive Engineer, U.I.Right Canal Division No.I, Mukhiguda, KALAHANDI stating clearly and in sufficient details the facts and circumstances of the accidents and action taken. In all cases the contractor shall indemnify the Government against all loss or damage resulting in directly or indirectly from the contractor’s failure to report in the manner aforesaid. This includes penalties or fines if any payable by the government as a consequence of failure to give notice under workman’s compensation act or failure to confirm to the provisions of the said act in regard to such accident. In the event of an accident in respect of which compensation may become payable under the workman’s compensation act - III of 1928 including all modifications thereof whether such compensation may become payable by the contractor or by the government as Principal Employer, the Executive Engineer, U.I.Right Canal Division No.I, Mukhiguda, KALAHANDI may retain out of money due and payable to the contractor such sum or sums of money as may be in opinion of the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda, KALAHANDI be sufficient to meet such liability. On receipt of award from the Labour Commissioner in regard to quantum of compensation, the difference in account will be reimbursed or recovered from the contractor. 8. 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 drawing and contract specification, mode of procedure and the carrying out of the work, the decision of the Executive Engineer, U.I. Right Canal Division No.I, Mukhiguda, KALAHANDI which shall be given in writing, shall be final and binding on the contractor.

CONTRACTOR EXECUTIVE ENGINEER 117

The Engineer-in-Charge’s final authority applies to technical consideration and does not include decisions regarding sums due to or from the contractor for extension of time.

9. FORCE MAJEURE: Neither party shall be liable to other for any loss or damages occasioned by or arising out of acts of God. Such as unprecedented flood, volcanic eruption, earthquake or other convulsion of nature and other acts such as but restricted to general strikes, invasion, the act of foreign countries hostilities or war like operations before or after declaration of war, rebellion, military or usurped power which prevent performance of the contract and which could not have been foreseen or avoided by prudent person. 10. SETTLEMENT OF DISPUTE: If the contractor considers any work demanded of him to be outside the requirements of the contract or considers any drawing record or ruling of the Engineer-in-charge, on any matter in connection with or arising out of the contract or carrying out of work to be unacceptable, he shall promptly ask the Engineer-in-charge in writing for written instruction or decision. There upon the Engineer-in-charge shall give his written instructions 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 delays. to comply with such instruction 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 instruction or decision of the Engineer-in-charge, the contractor may within thirty days after receiving instructions or decision of the Engineer-in-charge will approach to the higher authority who shall afford an opportunity to the contractor to be heard and to offer evidence in support of his appeal. The Authority shall give his decision within a period of thirty days after the contractor has given the said evidence in support of his appeal, which shall be binding upon the contractor. 11. CONSTRUCTION PROGRAME I) THE CONTRACTOR SHALL HAVE TO SUBMIT THE CONSTRUCTION PROGRAMME I.E. THE PLAN AND PROGRAMME OF EXECUTION FOR COMPLETION OF THE WORK IN TIME, TO THE ENGINEER-IN-CHARGE THROUGH THE CONCERNED SUB-DIVISIONAL OFFICER WITHIN SEVEN DAYS FROM THE DATE OF EXECUTION OF THE AGREEMENT. THE ENGINEER-IN CHARGE SHALL HAVE TO APPROVE THE SAID CONSTRUCTION PROGRAMME BY FIXING A PRAGMATIC MILE STONE WITH REFERENCE TO THE PROVISIONS LAID DOWN UNDER CLAUSE 2(A) OF THE CONDITIONS OF THE CONTRACT, FOR TIMELY COMPLETION OF THE WORK AND ACCORDINGLY THE WORK IS REQUIRED TO BE EXECUTED. ii) If the revised construction programme is required on account of non-completion of work for which Extension of Time is required or for disruption of the execution in the stipulated period, the contractor shall have to submit the same to the Engineer-in-charge along with the Extension of Time application, if extension of time is prayed for or immediately after disruption of the execution mentioning the clear reasons as the case may be , for revision of work programme. The decision of the Engineer-in-charge is final and binding on the contractor. iii) Time & quality of work is the essence of this contract. The bidder shall furnish the programme of carrying out the entire work, deployment of equipment and required technical qualified personnel, so that the work will be completed in all respect within the stipulated date provided. This schedule shall form part of the agreement. The Engineer-in- Charge shall have the right to check at any time the deployment of personnel and equipment and proportionate progress of work as provided in the schedule.

12. Price escalation, if applicable as per Clause-31 of conditions of contract for the extended period shall be paid subject to approval of extension of time by the competent authority and approval of the payment of price escalation by the Government of ODISHA, Department of Water Resources, Bhubaneswar.

CONTRACTOR EXECUTIVE ENGINEER 118

13. Materials if available in the store of the department may be supplied to the contractor at the issue price to be fixed by the Engineer-in-charge. The contractor will receive the materials himself of through his authorized agent and sign in the departmental receipt -of the materials, carriage of materials from the departmental store to the work site will be done by the contractor at his own risk and cost.

14. The contractor shall make at his own cost housing accommodation, drinking water and provide medical aid to the labourers engaged on the work.

15. The right is reserved to increase or decrease in the quantities or items of works mentioned in the schedule attached to the tender notice as may be considered necessary for satisfactory completion of the contract work and such increase or decrease shall not be entitled for any compensation on this account except extension of time when considered necessary such work is payable at agreement rate.

16. The work will be executed as per detailed standard specification of the Government of ODISHA, and relevant I.S. standard.

17. The contractor should keep himself in constant touch with the Engineer-in-charge for smooth execution of work and arrange for adequate labour and machineries depending on the workload and working place available. No claim for detention of labour or machineries on any account will be entertained.

18. The contractor will provide labour for giving alignments and profiles. All the materials necessary for such work will be supplied by the contractor and the profile is to be maintained at his own cost till the work is completed.

19. Suitable earth required for the work shall be arranged by the Contractor at his own cost and responsibility without any extra claim.

20. The rate for each work must include conveyance by all means, manual mechanical or both.

21. Approach road/diversion road to site of work if necessary is to be constructed and maintained and dismantled if required after completion of the work by the contractor at his own cost.

22. Under no circumstances, interest is chargeable for the dues or additional dues, if any, payable for the work.

23. i) Additional performance Security shall be strictly followed as per Government of Odisha, Works Department, Office Memorandum File no. File No.07556900012013- 14299/W Dated: 03.10.2017 Amendment to Para-3,5,5(V) of Note-II of OPWD Code Vol-1 by modification. ii) The performance security deposit will be released to the contractor after successful completion of the work, in all respect failing which the same will be forfeited.

iii) When the item rates are seriously imbalanced i.e. the rate quoted in the schedule for certain items are below 10% of the corresponding estimated rate. In this case additional performance security is the difference of 90% of the summation of amount at estimated rate for all items where the quoted rate is less by 10% or more than the estimated rate & summation of amount at quoted price for these items. iv) If the quoted rates of the bid are front loaded, i.e. the items to be carried out in the beginning of the contract are quoted 25% higher than the estimated rates. In this case additional performance security of 10% of the quoted amount of these items shall be retained in addition to the performance security mentioned above. v) The bid will be evaluated simultaneously for all the above 3 clauses and highest of the amount calculated for (i) + (iii) & (ii) + (iii) will be amount of performance security

CONTRACTOR EXECUTIVE ENGINEER 119

deposit to be deposited in shape of NSC/KVP/Deposit Receipt of scheduled Banks/ Postal Time Deposit Account/Postal Savings Account duly pledged in favour of the Executive Engineer, U.I.Right Canal Division No.I, Mukhiguda.

vi) As the estimated rates in respect of individual items will not be available to the contractor at the time of bidding the contractor may assets the performance security deposit amount as per Clause (ii) & (iii) using his own analysis.

24. Measurement of each work shall take as follows: Item rate payment as per bill of quantity will be made to the agency after satisfactory completion of the work and duly checked & approved by the competent authority. On completion of work the contractor shall be given a written notice to attend the final measurement. On receipt of the notice, the contractor must have to attend the final measurement failing which the measurement ex-parte shall be taken by the Engineer-in- charge, which shall be binding on the contractor. In case of the abandonment of work, if it is decided by the Engineer-in charge that final measurements of executed work shall be taken, the same procedure shall be followed as in case of final measurement on completion of work. It is the responsibility of the contractor to make the site free from all problems to take measurement by the Executive Engineer or his authorized officer. If, in the opinion of the Engineer-in-Charge, the site is not free from problem for measurement and the contractor does not take any corrective measures to get rid of same, the Engineer- in-Charge shall make the site free from problem to take the measurement at the cost of the contractor and to determine cost involved thereof, certificate by the Engineer-in- Charge for the purpose, shall be conclusive and binding. 25. The Engineer-in-charge shall decide the contractual matters in accordance with codes, rules and acts in vogue which shall be binding on both parties. 26. The work shall be executed in accordance with the technical specification which from a part of the contract. 27. The contractor should engage local labour on priority basis during execution of work. 28. The tenderer should inspect the site of work before tendering of the work and incase of any clarification should consult with the Engineer-in-Charge. 29. Any royalty or any taxes if any for executing the work will be borne by the contractor at such rate as revised from time to time by the State Government/ Union Govt. Recovery towards cost of empty cement bag, empty bitumen drum etc. shall be made from the contractor as per rates of Govt. as revised from time to time. 30. There will not be any compensation of extension of time granted for reasons of inadequate cash flow. No compensation / claim for delay in sanction of deviation / extra items and payment thereof will be admissible to contractor. 31. The contractor shall sign as a token of final acceptance on the plans, sections for the work prior to taking up the work for execution. 32. Water required for work will be arranged by the contractor at his own cost and carriage cost of sinking of well of any other arrangement from any source whether artificial or natural shall not be paid. This is treated as inclusive in his item rates. 33. Under no circumstances, interest chargeable for the dues or any additional dues. (If any) payable for the work shall be entertained. 34. It shall be distinctly understood that it is entirely the responsibility of the contractor to make such arrangements as may be required from time to time to protect the men, machinery, materials and the work under progress and work for which the measurements were recorded and payment made against damages either during working season or during the rainy season. The department accepts no liability, whatsoever for any damage or loss of men, materials, machinery and work or any hindrance caused to the progress of work. 35. All correspondence with the tenderer will be made through post in the address given in the tender or by e-mail The tenderer must mention in the tender, his correct postal address where letters can be delivered to him. The department will not held responsible for non-

CONTRACTOR EXECUTIVE ENGINEER 120

receipt of any letter by the tenderer either for wrong address given by him or for his absence from the given address. The contractor must intimate any change in address for correspondence.

36. The contractor should take all precaution to protect the structures from flood damages at his own cost during the period of executions. Damages if any caused by the probable flood during monsoon till completion and handing over of entire work will be made by the contractor at his own cost.

37. All the documents, Certificates submitted alongwith the tenders shall be in English / Hindi Language only.

38. An affidavit duly sworn in before Executive Magistrate / Notary shall be furnished by the contractor along with tender papers about the authentication of tender paper, related documents including E.M.D.

39. In case the 1st lowest tenderer or even the next lowest tenderers withdraw in series one by one, thereby facilitating a particular tenderer for award then they shall be penalized with adequate disincentives with forfeiture of EMD unless adequate justification for such back out is furnished. Appropriate action for black listing the tenderers shall also be taken apart from dis-incentivising the tender.

40. Tenderer should furnish their past performance record duly certified by the Executive Engineer / Authority under whom they have executed works in order to judge their past performance as per the following prescribed format.

41. The department has prepared the estimate basing on the prevailing schedule of rates and leads have been taken as per local condition. The bidder should prepare their own item- wise analysis of rates after detail investigation and study of the local site conditions before uploading their rates. No claim in any form regarding the lead of the materials and analysis of rates provided in the estimate shall be entertained.

42. The royalty of different materials including earth collected from borrow area shall be recovered as per prevailing rate prescribed by the Government during execution of the work with a stipulation that the rate shall not be less than the amount provided in the sanctioned estimate.

43. Earth work in cutting/filling shall be paid only on the level section.

44. The entire canal has been divided in to suitable reaches. The work shall be executed reach-wise only. 45. The GST as decided by the Government from time to time shall be applicable.

CONTRACTOR EXECUTIVE ENGINEER 121

SECTION-VII

TECHNICAL SPECIFICATION

CONTRACTOR EXECUTIVE ENGINEER 122

Technical Specification

7. General Specification for work and construction material. 7.1 Where the drawings are not consistent with the text of the specification, the text shall govern. 7.2 The percentage rates quoted shall be for finished items of works as per description in schedule of quantities and according to drawing, specification and conditions of contract. Detailed construction drawings shall be furnished by the Department. Rates quoted shall be as under the provision of preliminary specification and ODISHA Detailed Standard Specification and Indian Standard Specification and shall include all general and incidental charges ,which will not be paid separately. Such general and incidental charges are listed in succeeding paras for the convenience of tenderer but are not exhaustive. Omission of any such items herein but required for delivering finished items of work, shall not be a plea, that such items are not covered by the rates quoted. 7.3 Formation and maintenances of haul roads including river and drainage crossings within the work site is the look out of the contractor. Existing approaches and haul roads, if any, under the control of the Department may be made use of, but improvement, if required, shall be at Contractor’s cost. 7.4 Labour and materials required for construction of reference points, bench mark pillars, setting out works shall also be at contractor’s cost. 7.5 Scaffolding and gang ways as required for the work shall be provided by the contractor at his own cost . 7.6 De-watering of any water that may accumulate in the areas required for carrying out the items under schedule of quantities shall be done by the contractor at his own cost. This shall include the initial de-watering of the pond formed after the formation of coffer dam and all seepage that may accumulate in the area before or during construction. 7.7 Protection works are to be done by the contractor at his own cost for the protection of the components of structure during the flood season intervening any two working seasons. This is however indicative. The actual protection works, which will depend on the location and the point of protection should be done to the satisfaction of the Engineer-in-charge. The responsibility for the safety of the structure rests entirely on the contractor and any damages that may occur, have to be made good by the contractor at his own cost. 7.8 The sequence of construction adopted by the contractor shall have to be approved by Engineer-in-charge. 7.9 All works are to be carried out as per the guidelines as outlined in Quality control and monitoring under DOWR. It shall be the combined responsibility of the IA- i.e. implementing agency (Contractor) and PIU i.e. Project Implementing Unit for carrying out the work in scientific and proper manner as per specification of Bureau of Indian Standard. Some of the prime responsibility resting with IA is produced hereunder. 7.10 Quality Control & Assurance by the Implementing Agency ( Contractor ) * It shall be the prime responsibility of the Implementing Agency (the Contractor) to ensure the quality of the materials to be used, quality of works to be executed as well as the quality of the finished products as per the specification.

* The Implementing Agency (IA) shall have to set up a full fledged laboratory at a central location and should have one mobile laboratory. The laboratories should be furnished with machineries and equipments of up-to-date technology and suitable qualified/trained technical persons should be made available therein. The work involves both concrete and earth work. Machineries should be available to test the materials to be used in work as well as finished products. In-situ testing of strength of

CONTRACTOR EXECUTIVE ENGINEER 123

concrete is to be carried out at site as and when necessary. Hence sufficient qualified technical manpower should be deployed by the IA. The work will be checked by the State Quality Monitors(SQM) from time to time. Compliance as required by them is to be carried out at site by the I.A immediately without any cost for execution.

* The IA will be responsible for safety in construction, which includes watching, lightening, insurance, health and environmental protection.

* The IA shall produce test results/ test certificates of the materials used in the works and test results of concrete and of the finished products as specified. The test results/ certificates are to be scrutinized by the E.E/SQM before clearing the bills.

* The IA shall take up the quality control tests i.e. tests for fine aggregate/ coarse aggregate etc. in the approved laboratory at his own cost and produce the test results. * In case of any doubt or in absence of the test certificate for the quality of materials, the Engineer-in-charge of the work may take up the tests at laboratories of either Central Govt./ State Govt./ PSUs/ Govt. Institutes or Private Firms located nearby. The Private Firms are to be approved by the Government for various works. The expenses of tests are to be borne by the IA.The work bills may be passed and paid If the quality criteria are fully satisfied. Further details can be seen in the office of the C.E.& BM, IKB/ Executive Engineer, U.I.Right Canal Division No.I, Mukhiguda. Further the quality and process control arrangement is to be followed using OK format a sample of which is annexed for convenience of tenderer but which may not be exhaustive. The Executive Engineer, Upper Indravati Irrigation Quality Control Division, Khatiguda shall supervise the work in Quality Assurance and his instructions shall have to be carried out. The Chief Construction Engineer, Upper Indravati Project, Mukhiguda who is the Chief Quality Control Officer of the Project shall inspect the site and guide which is to be followed by the IA. 7.11 Recording of Cross Section: After jungle clearance and prior to the beginning of excavation initial cross section of existing ground shall be taken at every 15M interval with transverse of 3 M interval on the profile of canal. In case of rock and medium hard rock cross sections are to be taken at 3 M interval with transverse level at 1.5 M interval. The levels are to be recorded in level books in the presence of the contractor or his authorised agent and this will be binding on the contractor. During the progress of work other levies and linear measurement are also to be recorded on similar manner in presence of the contractor or his agent to evaluate quantity of work under various items of work entered in the schedule. The payments of each running bills shall be paid only after production of level sections and calculations. 7.12 Classification: Materials once excavated will not be classified for payment. Except or otherwise provided in these specification materials excavated will be measured for excavation to the lines shown on the drawings or as provided in these specification and all materials required to be excavated will be paid for at the applicable rates in the schedule for excavation. No additional allowance above the rates in the schedule will be made on account of any of the material being wet and requiring additional time for drying, stock piling and re-handling. The contractor while carrying out excavation shall also ensure that optimum quantity of AKS useful for filling reach available from excavation of composite earth (composite earth is the mix of AKS DI moorum boulders etc is transported for utilization in filling reach. Except for area of rock all areas to be excavated and materials to be used shall be pre-wetted. So that at the time of excavation moisture content shall be about optimum. Bidders and the contractors must assume all responsibility for deductions and conclusion as to the nature of the materials to be excavated and the difficulties of making and maintaining the required excavations.

CONTRACTOR EXECUTIVE ENGINEER 124

The classification of excavation shall be decided by the Engineer in charge and will be binding on the contractor. In case of dispute, the decision of Chief Construction Engineer shall be final. Merely the use of explosive in excavation will not be considered in areas on the higher classification unless blasting is clearly necessary in the opinion of the Engineer in charge. The materials encountered during excavation shall be broadly classified as follows: 1. Excavation of Soil & D.I. Rock: This excavation shall include all over burden dry or wet, and shall comprise of all kinds of soil such as vegetative or organic soil, turf .sand, silt, loam, clay, mud, peat, black cotton soil, soft shale, loose or compact moorum, soft soling / hard shale, stoney earth mixed with gravel and moorum etc. inter spread with boulders upto 0.5cum size soiling of roads / paths, hard core macadam surface, lean concrete, stone masonry/ brick work, soft conglomerate, stoney earth such as lime stone, sand stone Laterite, soft conglomerate etc which does not require blasting and can be quarried by mechanical means or by pick axes and crow bars etc. However the contractor may resort to blasting in such D.I rocks for his convenience. However no extra payment will be made treating it with higher classification.

2. Rock Excavation other than soil & D.I. Rock. Excavation which cannot be done by mechanical means or by pick axes and crow bars etc. without loosening by carrying out occasional blasting and which cannot be classified as hard sheet or D.I. Rock, may be classified as rock matrix or medium hard rock without recovery for reuse. Hard stone boulders having volume up to 0.5 cum mixed with D.I. Rock etc. which also may or may not require blasting for excavation shall be included under this item. In case of such excavation, the classification shall be made by Superintending Engineer.

3. Hard Rock: This will include all solid rock in place of such hardness and texture that it cannot be removed by any of the method given above until loosened by drilling, blasting and wedging and all boulders or detached pieces of solid rocks having volume greater than 0.5 cum. Drilling and blasting shall be resorted only after it has been certified by the Engineer-in-charge that it is necessary.

The excavated useful rock and debris so obtained shall be carried and dumped/ stacked separately with manual or mechanical means or by both with all lead at places indicated by Engineer-in-charge. These materials will be the property of the department. The same shall be issued to the contractor for the work such as pitching, filter rock toe, masonry work and for other works such as road work etc under this contract, if required at the issue rate fixed by the department time to time. This however will not be treated as govt. supply of material as regards computation for escalation. Payment for sheet hard rock shall be made as per level section(pre & finished) taken at 3m apart with transverse levels at every 1.5m apart. Levels at close interval may be adopted if considered necessary in the opinion of the Engineer-in- charge. Boulder having volume more than 0.5m3 shall be pre-measured.

7.13 All excavation, in which water may exist, shall be dewatered and materials removed as far as possible in dry condition without any extra cost. 7.14 Blasting: 7.14.1 The contractor should take notice of the limitations of blasting operation due to closeness of the work site to the adjoining structure.

CONTRACTOR EXECUTIVE ENGINEER 125

All blasting operation will be done by a licensed blaster, having permission from Chief Controller of Explosives in form 30 and he should have passed the competency examination conducted in Director of Mines Safety, Dhanbad. In conducting blasting operations in the foundation proper precautions shall be taken for protection of persons, the work and property. All government laws and regulation relating to the design, construction and location of explosive magazines, transportation and handling of explosives and other measures enacted for the prevention of accidents shall be strictly observed. Warning signs shall be displayed as necessary. Explosives stored in a safe place at sufficient distance from the work shall confirm to the Indian explosive Act and shall be subject to approval of Controller of Explosives and shall be guarded properly so that in case of accidents no damage occurs to any part of the work. Under no condition shall exploders’ caps or fuses be stored in the same place or kept in the same container with other explosives. A make up house shall be provided at each working place in which cartridges will be made by experienced licensed blaster as required for the immediate work. This make up building shall be separated from other buildings for safety and shall be without any internal source of heat light or electric current. Other safety measures as may be required by said explosive act/or required for the work shall have to be ensured by contractor to eliminate any chance of accident. Only the type of explosive and in the manner as specified by the appropriate authority, shall be used, Blasting plans shall be evolved after detailed test/trial blasting, involving the various parameters. e.g. design of round, depth of round, diameter, burden and spacing of holes, charge concentration in the contour and production holes, ignition pattern etc. Such plans shall be approved from the Engineer in charge and there after adhered to any changes needed during the course of work shall be duly reported to and approved by Engineer in charge. Blast shall be designed to keep ground vibrations within permissible limits as prescribed by Engineer in charge. Wherever considered necessary, suitable vibration measuring instruments shall be used to monitor blast. Induced vibration instruments shall also be used to monitor blast induced vibration in terms of PPV(Peak Particle Velocities in mm/sec).The handling and use of explosives and the use of apparatus for blasting shall be delegated only to work men known to be careful and experienced in this hazardous work. Only workmen properly qualified and licensed and rated as blaster shall be permitted to charge holes or ignite fuse. No blasting should be permitted within 15 meters of any structure. The blasting license possessed the licensed workmen should be from Dhanbad School of Mines. The following rules and precautions shall be observed in blasting operations.

7.14.1.1 Blasting with Powder : Blasting operations shall under charge of competent persons specially deputed for this purpose and be carried out during fixed hours of the day, preferable during early hours, mid day lunch hour or at the close of the working day. In the presence of competent persons prominent signboards indicating the blasting timings should be put up at a number of places. The safety engineer should see that strict safety precautions are taken and observed. Red flags are to be prominently displayed and all the people except those who have actually to light the fuse must be made to stand at a safe distance from the blasting not less than 150 metres as a rule. Sirens should be sounded five minutes prior to the blast with wailing note and an all clear should be given with a long blast at the end of the operation. These should be kept at different location so as to identify the danger zones. All fuses must be cut to the required length before being inserted into the holes. The safety fuses of the charged holes are to be lighted in the presence of the supervisor. Who must see that the fuses of all the holes charged have properly ignited? The number of blasts to be fired and the actual number of shot heard must be compared and the person responsible must satisfy himself by examination that all

CONTRACTOR EXECUTIVE ENGINEER 126

blasts have exploded, before work people are permitted to approach the site. Withdrawal of a charge which has not exploded is not to be permitted under any circumstances, but the tamping and charge should be flooded with water and the hole is to be washed with water jetting till it is fully washed out to the satisfaction of Engineering-in-Charge. 7.14.2 Blasting with dynamite and other high explosives: Sub paras 1 and 3 of the instructions for blasting pare 3.3.2.2.with powder shall apply. Sub para 2 will read as under.Red flags be prominently displayed and all the people who are actually engaged in blasting operations must move to a safe distance. The strength of special gelatin to be used in the excavation of foundation as per the percentage mentioned below 60% special gelatin for softer rock strata, 75% special gelatin for medium hard rock strata, 80% special gelatin for hard rock strata. Bore holes must be of such a size that the cartridges can easily be passed through. The position of all holes to be drilled must be marked out with white paint and the responsible man in charge of blasting (Supervisor) should take particular note of these positions and check them again after holes are drilled. The Supervisor himself must supervise preparation of all charges necessary for the boreholes. Contractor shall evolve blasting plans after trial blasting at the site. The first few rounds blasted at the work site shall be considered as test/trial blasting to find the most economic and efficient drilling and firing pattern, consistent with limiting the blast induced peak particle velocity (PPV) within permissible range. He shall adjust the drilling pattern hold depth, number of holes, charge per hole and the firing sequence including the types and number of delays for ensuring most favorable angle of breakage. The blasting plan, so evolved, and approved by the Engineer in charge, will restrict the development of crack Zone beyond the drilled contour and limit the PPV’s influencing the damage prone features/structure range. Through trial blasting and valuation measurements, the value variable K shall be determined from the following equation. V = K(Q1/2)1.7/D Where V = Peak particle velocity in mm/sec. Q = Cooperating charge in Kg D = Distance from the blasting zone in meters. K = transmission factor constant which depends upon rock characteristics, homogeneity of rock and presence of faults and cracks.

Broadly, a peak particle velocity range 70-100 mm/sec shall be permissible in good rock excavation. The number of holes to be blasted in a round will be governed by the blasting plan evolved through trial blasting as explained above with in the framework of permissible ppv. If blasting is to be done in the vicinity of any risk prone features or structure, the permissible ppv shall be reduced and Engineer in charge shall lay down the safe limits of ppv.

Cleaning of bore holes: All bore shall be cleared of rock dust and debris through insertion of 12.5 mm dia pipe in each hold in turn and compressed air blown through it.

Tamping of bore Holes: After the calculated explosive charge is loaded and tamped in a bore hole the balance depth of the hole shall be loaded with day sticks(say 25mm x 150mm) and properly tamped.

Controlled Blasting- Controlled contour blasting technique shall be deployed by the Contractor in benching operations as and when desired by the Engineer in charge for safe blasting and minimizing ground vibrations. Closely spaced contour holes shall be drilled vertically on a line beyond which no fracturing is required, followed by an adjacent row of holes(with greater burden and spacing) Alternate holes

CONTRACTOR EXECUTIVE ENGINEER 127

in the row of perimeter holes shall be kept empty while the others will be lightly charged. The ignition pattern shall use a combination of both short delays (milli second) and long delays ( half second) The safety fuses of the charged holes are to be lighted in the presence of the Supervisor, who must see that the fuses of all the holes charged have properly ignited.Careful count must be kept of each blast as it explodes.After the blast, the Supervisor must carefully inspect the work and satisfy himself that all the charged holes have exploded. In case of misfire the Supervisor must first examine the hole and the blasted rock and mark a red cross over each of the misfired holes. No drilling is to be permitted near this hole until one of the two following operations has been done. When the tamping is of damp, clay, the tamping should be carefully extracted with a wooden scraper and the fuse with the primer and detonator attached with drawn, after which a fresh primer and detonator with fuse should be placed in the misfired hole and fired again. If again it misfires, then the same to be washed out as discussed previously. If practicable, no one should approach a misfire for at least half an hour. Before leaving his work, the Supervisor of one shift should inform the supervisor relieving him for the next shift of any case misfired and should point out the position of the cross denoting the same also stating what action if any, he has taken in the matter. It is the responsibility of the supervisor to bring to the notice of the safety engineer on the job such misfire and take action in consultation with him. 7.14.3 Carriage and disposal of excavated materials: a) The materials, when suitable for use in varying lead and with all lifts in the embankment either immediately or after stock diling as convenient. b) Excavated materials, which are unsuitable for or are in excess of other earthwork requirement, shall be wasted as directed by engineer in charge with varying lead and with all lifts. Waste piles shall be located where they shall not interfere harmfully with the natural flow of stream, where they will neither detract from the appearance of the completed project, not interfere with the accessibility of the structures for operation nor cause interference to public and other works. The waste piles shall be leveled and trimmed reasonably regular lines. c) The useful materials from rock excavation which are fit for use in the structure etc, will require special attention and shall not be mixed with other soil and shall be deposited in defined areas as directed by the Engineer-in-charge. No separate payment will be made for such operation. If the rock and soil are mixed up while depositing at the spoil banks, suitable deduction for separation from the agreement rate as decided by the Engineer in charge will be made, which is binding on the contractor. d) No extra payment shall be made in case the materials excavated from the cut canal works, stockpiled and then re-handled for use in embankment, haul road etc within a lead of 3km. No extra payments will also be made towards arrangements of dumping yard for disposal of surplus materials.

7.14.4 Pay line: The excavation shall be made to the lines, dimensions, side slopes and levels shown on the drawing. Pay line for excavation in all soils and rock including subsequent removal of the extra depth shall be to be dimensions, slopes, grades and levels as shown on the drawing unless otherwise specified. Payment for excavation done shall be strictly as per designed section or for the section as directed by the Engineer in charge. No payment shall be made for excavation done beyond the pay lines shown on the drawings and defined as above unless otherwise specifically indicated. 7.14.5 Slips: Slips shall be avoided but if any slip occurs on account of nature of soil or due to failure of slopes in the opinion of the Engineer in charge, the extra excavation involved

CONTRACTOR EXECUTIVE ENGINEER 128

shall be properly resorted to restore stability. In such case payment for necessary excavation and back filling will be made for this extra work under relevant items. 7.14.6 Monsoon Damages: Damages due to rain or flood either in cutting or in banks shall have to the made good by the contractor till the final section is handed over to the department. The responsibility for de-silting and making good the damages due to rain or flood rests with the contractor. No extra cost is payable for such operations and the contractor shall therefore have to take all necessary precautions to protect the work done during the construction period. 7.14.7 Measurement and payment: a) The payment will be made on volumetric basis for the quantities excavated to the required extent. The cross sections shall be taken initially after stripping and before commencement of excavation. Lines, levels and grades of excavation shall be marked for excavation. On completion of excavation final cross sections shall be taken. These sections will be marked on the initial cross sections taken prior to commencement of work. The quantities between initial as final cross section the pay lines shall be worked out and paid for it shall be clearly understood that no excavation beyond pay line will be measured and paid. The rate is inclusive of dewatering and conveyance and disposal of excavated material in varying leads maximum upto 3 Km. b) Rate for payment: The rate for the respective items of excavation provides all cost for labour materials, tools and plants, machinery, taxes, drilling, blasting, excavation, transportation and all incidental operation required for carrying out and completing the respective items work in accordance with specifications drawing and as directed by the Engineer-in-charge including. i) Setting out works ii) Site clearance. iii) Marking out, providing and forming model sections, lock spitting, strings and stakes as may be considered necessary by the Engineer in charge to guide the contractor in excavating and depositing. iv) All cost of drilling or ripping with all cost. v) All cost of blasting including cost, conveyance and storage of blasting materials and control blasting. vi) Final cutting for 450mm-600 mm in all rocks by control blasting or trimming wedging and baring with the help of pneumatic paving breakers for finishing. vii) All safety measures. viii) All dewatering of surface and ground water till completion of the work including construction maintenance and removal of coffer dam with necessary diversion arrangement for allowing excess water in coffer dam. ix) Providing temporary ramps and steps at the sites of deep trenches and subsequent removal. x) Transporting the excavated materials, mechanically with a variable lead maximum upto 3km and depositing the same on sites of work, spoil bank or staking in stock piles including re-handling for use or final disposal. xi) Construction and maintenance of haul roads. xii) Removal of silt during execution. xiii) Water applied for pre-wetting in excavation areas. xiv) All works necessary to maintain the excavation in good order during excavation. For payment of RA bills in canal excavation 85% of item rate shall be paid and rest 15% of the item shall be paid after handing over of the canal at least a length of 500m at a stretch. If contractor fails to handover, the 15 % of item

CONTRACTOR EXECUTIVE ENGINEER 129

rate shall be deducted and utilized in the works. For structural work the 100% of item rate shall be paid. Note: The Drilling and the blasting operation is to be carried carefully such that 70% of hard rock shall be recovered for re-use in the work. 7.14.8 Borrow Area: The borrow area shall be made more than 1 km away from site of work. Borrow pits shall be operated so as not to impair the usefulness or mar the appearance of any part of the work or any other property. The borrow area shall be arranged by the Contractor at his own cost. Suitable earth of approved quality as directed by the Engineer in-charge with uniform moisture content shall be brought to site of work. No compensation whatsoever for change in limits and location of the borrow area and depth of cut for getting suitable earth shall be paid to the contractor. Earth free from organic materials shall be dumped as per design profile given at site of work. The layers shall not exceed more than 23 cm in depth. Measurements shall be made on finished level section. Running account bills shall be paid deducting 1/5 of volume from the executed quantities towards settlement of earth. No deductions shall be effected if the measurements are taken after passing of three rainy seasons. In case of earthwork with compaction, 1/20 (5%) deduction will be made towards settlement. The borrow area is to be arranged by the IA at his own cost and risk. 7.14.9 Dewatering: a) The method of removal of water from foundation excavation shall be efficient and effective. Where the excavation for cut off trench in the foundation extends below the water table, the portion below the water table shall be dewatered in advance of excavation. b) The dewatering shall be accomplished in a manner that will prevent loss of fines from the foundations, will maintain stability of the excavated slopes and bottom of cut-off trench and will result in all construction operation being performed in dry condition. The use of sufficient number of properly screened well or other equivalent methods shall be approved for dewatering. The seepage along the bottom of the cut-off trench shall also be controlled which may require supplementing the dewatering sumps by pipe drains leading to sumps from which water shall be pumped. Such pipe drains shall be uniform diameter for each run and shall be provided with ground connection and returns at 15m intervals and shall be embedded in reasonable well graded gravel or like materials. c) The contractor has to make his own arrangement for dewatering during executing of work at his own cost & risk and the unit rates for each item of work, quoted by the contractor shall include the cost of dewatering.

7.14.10 PREPARATION OF WORK AREA. Clearing and grubbing operation shall be performed in excavation areas, embankment areas, borrow areas including a 6 M wide strip measured beyond and continuous to the limit lines of the area. These sites should be cleared of all trees, stumps roots, rubbish, bushes and other objectionable materials from clearing operation shall be burned, removed from the site of work or otherwise disposed off as approved. 7.14.11 STRIPPING The entire area of embankment including a 3 Mtr. wide strip beyond and continuous with the area of embankment proper as shown in the drawings shall be stripped to a sufficient depth, as directed, to remove all unsuitable materials shall include all debris, top soil, vegetable matter including roots, loose rock, organic salt, swamp materials and other perishable or objectionable materials that are unsuitable for use in permanent construction or that might interfere with proper bonding of the embankment with the foundation, or the proper compaction of the materials in the embankment or that may be otherwise objectionable. The stripping shall be kept well in advance of other items of works to ensure that no undesirable materials will get mixed with

CONTRACTOR EXECUTIVE ENGINEER 130

approved embankment materials and to enable proper inspection and measurement. Materials from stripping operation shall be disposed of in such a way as not to detract from the finished appearance of the work or as directed.

7.14.12 PREPARATION OF BORROW AREA All areas required for borrowing earth for embankment shall be cleared of all, trees and stumps, roots, bushes, rubbish and other objectionable materials. Particular care shall be taken to exclude all organic matter from the materials to be placed in dam embankment. The cleared areas shall be maintained free of vegetable growth during the progress of the work. The depth of cuts in all the borrow areas will be designated by Engineer-in-charge. Borrow pits shall not be opened within a distance of 10(ten) times the height of embankment from the toes. Borrow pits shall be operated so as not to impair the usefulness or mar the appearance of any part of the work or any other property. The surface of wasted materials shall be left in a reasonably smooth and even condition. No compensation what so ever for change in the limit and location of borrow areas and depths of cutting for getting suitable earth shall be paid to the contractor.

7.14.13 PREPARATION OF FOUNDATION FOR THE EMBANKMENT. The foundation, except rock surface for the earth fill shall be prepared by leveling and rolling after watering if necessary, so that the surface materials in the foundation will be compacted and well bonded with the 1st layer of earth fill. Rock surface upon or against which earth fill is to be placed, shall be cleaned of all loose and objectionable materials, Pools of standing water should be drained prior to the placing of the 1st layer of embankment by the contractor at his own cost.

7.14.14 LOADING AND CONVEYANCE Only suitable materials as specified herein above shall be excavated, loaded and conveyed to the point of placement in the embankment. Unsuitable materials if conveyed will be removed and thrown outside the embankment at the cost of contractor.

7.14.15 PLACEMENT The embankment will be homogenous section. The embankment cross sections shall be built to the slopes and dimensions shown in the drawing increasing to sides of slopes by widths determined as necessary (in no case exceeding 1 Mtr. width) to facilitate for compaction and providing extra cover for rain cuts. The additional earth so laid will be removed while dressing the slopes and will be utilized in the successive heights of the embankment. No payment for such dressing works will be made and it is to be treated as an incidental expenditure included in the quoted rate.No materials shall be placed in any section of the embankment until the base for that section has been duly stripped, prepared and approved by the department after inspection and testing. Materials of desired type and quality shall be conveyed to and placed in such a manner as to provide uniform layers of 225 mm and clods of earth to be broken to 5 cm to 7cm. size. The materials shall be deposited in rows approximately parallel to the axis of the dam and spread into uniform layers of about 10 Mtr. width. Loads shall be dumped and spaced so that progress of spreading shall produce adequate blending and result in a uniform layer of 22 mm. The embankment shall be brought up in approximately horizontal lifts and shall be maintained with slightly concave section.

CONTRACTOR EXECUTIVE ENGINEER 131

7.14.16 WATERING AND COMPACTION The layers of earth so spread out on the embankment by the contractor will be watered, rolled and compacted to the required density. A minimum 95% of proctor maximum dry density with 2% variation at optimum moisture content will be aimed at. 7.14.17 DRESSING OF SLOPES With the raising of the embankment the slopes shall be neatly dressed to line and grade as shown in the drawings. All humps and hallows more than 15 cm from the neat lines of the embankment shall be regarded. Materials used to fill depressions shall be thoroughly compacted either by pneumatic or earth moving machineries and bonded to the original surface. The rates shall be assumed to be for the finished item of earth fill and the contractor shall be entitled to no compensation on the quoted rate on any account what so ever for cutting and trimming the side slopes of the embankment. 7.14.18 FINE DRESSING AND TURFING ON THE SLOPE The slopes of the dam/embankment shall be protected by turfing the entire slope. After the slope has been fine dressed to the line, it shall be roughened or racked evenly. The entire surface shall then be covered with a layer of grass sods consisting of blocks or strips of dense living grass growth of approved species.

7.15 TECHNICAL SPECIFICATION (STRUCTURAL)

7.15.1 GENERAL: i) The work shall in general be taken up as per the approved drawings supplied. However the drawings may undergo modification as per the directions of the Engineer- in-charge to suit the site condition during or prior to the execution of work for which there may be deviations in quantities of different items. The contractor will be required to execute such quantities, and will be bound to agree to such deviation in quantities at his quoted rates without any compensation under this tender. ii) Departmental materials like stone boulders, metals chips etc. shall be used in the work as per availability on priority basis. Recovery towards cost of the materials will be as per the prevailing issue rate. iii) All incidental expenses at the time of execution are to be borne by the contractor and are deemed to have been included in the unit rate. Suitable ramps along with its maintenance, leading to bed of excavation, for conveyance of the excavated muck, will be done by the contractor at his own cost. All expenses involved in maintenance of approach and access, liability incurred in protecting the size and shape of useful materials while being removed or otherwise handled and removal of siltation due to rain or natural calamities what so ever in the bed of excavated pit are to be borne by the contractor at his own cost. Damage due to flood, cyclone or any other natural calamities will be restored by the Contractor and no extra payment shall be made for the same and for dewatering for construction of coffer dam if required and hence necessary provision should be made in the rates quoted in the schedule bid for different items to account for such contingencies mentioned above. 7.15.2 Excavation of foundation: i. Excavation shall conform to the dimension shown in the drawing or as directed by the Engineer-in-charge. The bed and side slope of the foundation should be furnished to reasonably uniform surface in a careful and workmen like manner and the sides of all rock out crops shall be scaled of all loose or over hanging fragments of rock.

CONTRACTOR EXECUTIVE ENGINEER 132

ii. Any over excavation done by the Contractor without written order of the Engineer-in- Charge will not be paid for. iii. Classification: All kinds of soil include the following schedule items of the schedule of rates, 2007 of Works Deptt. of Govt. of ODISHA. 1. Hard Soil: Hard stiff clay, stiff black cotton soil, hard red earth, shales, moorum, ordinary gravels. Disposal: i) All excavated materials are to be disposed off as per the direction of the Engineer-in-charge. Suitable useful materials are to be stacked separately for use as and where directed. Disposal of debris and un-wanted excavated materials are to be dumped in layer and leveled smooth. ii) All excavated materials are sole property of the department and the contractor shall have no right for any utilization without the direction of the Engineer-in- Charge. iii) Mode of measurement and payment: Measurement shall be made as per actual excavation conforming to the drawing and Site condition. Any over excavation beyond the required dimension shall not be paid for in case of blasting of Boulders pre- measurement of boulders are to be taken for payment. The contractor is required to stack the blasted useful materials in closely packed stack as and where directed by the Engineer-in-charge and accounted for after 20% deduction for voids. Mass rock excavations are to be paid on level section only.

iv) Preparation of surface to receive concrete: The excavation shall be opened and to the full dimensions required and shall be finished to the prescribed lines and grades and dimensions conforming to the approved drawings. The bottom and side slopes of excavation shall be finished to reasonably uniform surface. The surface so prepared shall be moistened sufficiently ahead with water and rammed thoroughly to form firm foundation for receiving concrete. Over excavation shall be filled with sand in layers not exceeding 15 cm. thick, watered and thoroughly compacted by tamping. No extra payment will be made towards filling up of such over excavation. All surface foundations upon or against which concrete is to be placed shall be free from standing water, mud and debris soil, lubricants, objectionable coating, weathered skins loose and semidetached of unsound fragments. 7.15.3 Concrete i. Composition: Concrete shall be composed of Cement, graded coarse & fine aggregate and water as specified, all well mixed and brought to the proper consistency/ required slump. The concrete mix should neither segregate nor bleed. ii. Mix Proportions: The proportion in which the various ingredients are to be used shall be as per drawing schedule of quantity and if not mentioned in the same as directed by the Engineer-in –charge. The grading of aggregates may be conducted progressively every day during the execution of the work as per direction of the Engineer-in –charge. iii. Materials: The stock materials such as cement, steel and explosives will not be issued by the Department. These materials will be procured and supplied by the contractor as per requirement of the work and should confirm to relevant I.S. specification. The contractor should also ensure proper storage so that only materials of proper specification is used in the work. The project quality control organization shall carryout test on construction materials ( supplied free

CONTRACTOR EXECUTIVE ENGINEER 133

of cost by contractor at field laboratory/project laboratory at Khatiguda )to ascertain quality of materials in use. a. Cement: Cement for concrete shall be ordinarily Portland cement/PPC/PSC. Confirming to relevant I.S specification. b. Sands: The sand shall be clean, dry, coarse grained and free from deleterious material like silt and grit. The fineness modulus of sand should not be less the 2.2. The percentage of silt should not be more than 5 (five) percent. Sand containing blacklisted particle should be avoided. Sand shall be tested and approved by the Department before it is used. Any sand brought to site and found unsuitable should be removed by the Contractor at his cost. c. Coarse Aggregate: Coarse Aggregate for concrete shall be supplied from any approved quarry conforming to the specification. The aggregate shall generally consist of hard resilient, deuse, durable and uncoated granite rock, fragments free from weathered skin or decomposed fragments, debris, vegetable matter, silt, dust or any other objectionable material. The aggregate should be screened and washed before use. d. Water : Water to be used in the concrete both for mixing and cleaning shall be free from objectionable quantities of deleterious materials such as silt, organic materials, alkali salt etc. in conformity with applicable provision in I.S.-455. e) Bricks: Bricks must be presoaked before execution of work. f) Stone- Round stone are strictly prohibited. 7.15.4 Batching and Mixing: a. The amount of bulk cement, sand and coarse aggregate contained in each batch of concrete shall be determined by weighing and the amount of water shall be determined by weighing or volumetric measurements. b. While batching by volume is adopted the proportion may be worked out by finding out the bulk densities of the ingredients. c. The concrete ingredients shall be mixed thoroughly in mixers so as to ensure uniform homogeneous distribution of all component materials at the end of the mixing period as per direction of the Engineer- in – charge. d. The amount of water used in concrete shall be regulated as required to secure concrete of proper consistency and to maintain the proper water cement ratio. v. Conveying and placing of concrete: Concrete shall be conveyed from mixing site of work in such a Way that segregation or loss of ingredients does not take place. It shall be deposited in its final position as early as practicable well ahead of initial setting of cement/ within a period of 30 minutes of its mixing. Concrete shall not be placed until all form works required is completed and surface prepared for placing concrete is inspected and approved by the Department. A thin layer of mortar, about 12m. thick in the same proportion of cement and sand as in concrete shall be spread on the surface of foundation or construction joint immediately before laying concrete. All construction joint shall be subject to approval of the Engineer-in-charge. Proper treatment shall be given to the Construction joint as per the direction of the Engineer-in – charge. The Contractor shall keep the Engineer-in –charge informed as to when placing of concrete will be performed. Placing of concrete shall be performed only in the presence of a duly authorized person of the department. The contractor shall no get any extra amount for any limitations of placing, which is deemed to be included in the item rate of the complete items. The contractor is responsible

CONTRACTOR EXECUTIVE ENGINEER 134

to deliver the M10, M15, M20 concrete as per drawing. Quality control organization shall take necessary cubes for testing of strength. vi. Curing and Protection: All concrete shall be protected against injury until final acceptance. Exposed surface of concrete shall be protected from direct rays of sun for at least 72 hours after placement. Surface of concrete shall be kept continuously moist for not less than 21 days by covering with water or saturated materials and where not possible by pouring or spraying water from time to time. The actual method of curing adopted shall be subject to the approval of the Engineer-in –charge. In case curing operation are inadequate or unsatisfactory the Engineer-in- charge may take such steps as he may deem necessary to make good the deficiencies and defects at the contractors risk and cost. Curing and protection should conform to para-4, 14 of I.S,457-1957 with the latest amendments from time to time. Curing compound of approved quality should be arranged which is to be added during concreting. vii. Repair of Concrete: The contractor shall correct all imperfections of the concrete surface as necessary to produce surface that shall conform to the required standards. All materials, procedures and operations used in repair of concrete shall be subject to approval of the Engineer-in-charge. All honeycombed, porous, fractured or otherwise defective concrete, which in the opinion of the Engineer-in-charge is required to be repaired to the required standard shall be removed by chipping concrete. The chipped opening shall be sharp edged and keyed and shall be filled to the required lines with fresh concrete as directed by the Engineer-in-charge. Repair of concrete should conform to the para4,14 of I.S. 457-1957. viii. Chipping and roughening concrete surface: Surface upon or against which additional concrete is to be placed shall be chipped and roughened by the contractor at his cost for exposure of fresh surface. After being roughened the surface of the concrete shall be cleaned thoroughly of the loosed fragments, dirt and other objectionable substance and finally the surface shall be cleaned with water. The cost of the work chipping and roughening shall be deemed to have been included in the contractor’s tendered rate for the respective items of concrete. ix. Damaged died defective concrete: Concrete damaged from any caused and any concrete which shall be found defective by reason of contractors operations at any time before, it and where so directed, be removed and replaced by the contractor with acceptable concrete as directed by the Engineer-in-charge at the cost of the contractor. x. Reinforcement: a) Steel Bars and Angles of only manufacturing companies such as SAIL are to be used. But re-rolling steel bars should not be used in any work. b) Before steel reinforcement is placed in position, the surface of the reinforcement shall be cleaned or rust, scale, dirt, grease and other objectionable materials by firm rubbing. The reinforcement bars shall be of specified size and shall be cut and bent in accordance with the plans and specifications and as directed by the Engineer-in-charge. They shall be accurately placed and secured in position by means of built in concrete block metallic chair, spheres or other suitable approved devices at sufficiently close intervals. Laps for jointing in reinforcement should confirm the specification made in I.S. 456.The reinforcement after being placed in position shall be maintained in clean condition until it is completely embedded in concrete. Reinforcement shall be straightened or bent in a manner that will not incur or weaken the materials. Heating reinforcement until the reinforcement to facilitate bending is not permitted. Wire for tying reinforcement shall be of 16

CONTRACTOR EXECUTIVE ENGINEER 135

W.G. or heavier gage. No concrete shall be placed over the reinforcement until the reinforcement put is approved measurement taken by the Engineer-in-charge. c) Standard coefficient for linear measurement will be adopted while calculating consumption of steel and no claim whatsoever regarding difference in coefficient of steel will be entertained. d) Measurement for payment of steel will be made as per linear dimensions confirming to drawing, design and execution. No extra measurement for laps, chairs etc. is payable. All such cost of laps, chairs, binding wire are deemed to have been included in the contractor tendered rate. xi. Measurement and payment: Measurement for payment of concrete will be made conforming to the approved drawing, design and actual execution. Measurement for payment of concrete will be made to the neatness of the structure unless otherwise specified on the drawing. Deduction towards the volume of the all openings, recesses, out lets shall be made. Mass concrete will be paid as per level section measurement. Payment for concrete in the various parts of the work will be made at the unit price per cubic, meter bid in the schedule as a complete item as per specification. The Contractor unit price should include dewatering in foundation and keeping the construction area and working place dry till the concrete is allowed to be submerged under water. 7.15.5 Stone pitching in aprons and revetment: Granite stone shall be used in the revetment. The stone shall be dense, sound, free from cracks decayed material & other defects that would tend to increase unduly their susceptibility to destruction by water and weathering action. The size of stone shall be 15 cm. to 30cm, size minimum. No stone shall have any dimension less than 15 cm. The stones shall be placed on edge with the longer dimension to the slope. Rock fragments and spalls shall be tightly driven into the interstices to wedge the stones in place and close direct opening to underlying slope. The surface of the pitching shall be finished to conform to the designed line and grade as shown in the drawing.

7.15.6 Measurement and payment: Measurement for payment will be made to the lines and dimensions shown on the drawing or established otherwise by Engineer-in-charge. For the quantity so arrived at payment will be made as per unit price bid in the schedule as a complete item including everything. 7.15.7 Form Work for Concreting: All form work for concrete shall be done using steel shuttering plate properly cleaned and with rigid support so as to withstand the use of vibrator during compaction. It should confirm to lines and levels and should be consistent with drawing. The form work normally should not allow leakage of slurry form concrete. Compacted concrete should be dense and free from honey combs / cavity / loose defective concrete mass and surface finish should be consistent and in conformity with drawing. The contractor has to make good the surface as describe under repair of concrete. Payment-This item of work should be paid as per lines and level shown in the drawing. Cost of supports, ties, chairs, nuts and bolts, fastener/welding etc. used for the work shall be deemed to have been included in the rate entered in schedule of quantities. 7.15.7.1 1. THE DEPARTMENT SHALL NOT SUPPLY ANY MATERIALS WHAT-SO-EVER FOR THE WORK. THE CONTRACTOR SHOULD BE FINANCIALLY STABLE FOR ADVANCED PROCUREMENT OF ALL MATERIALS TO BE REQUIRED FOR THE WORK VIDE GOVT. OF ODISHA, FINANCE DEPARTMENT MEMO NO. 48443/F-CODE-46/95 DATED.11.12.95. 7.15.7.2 2. HARD GRANITE ROCK, IF RETRIEVED FROM EXCAVATION OF CANAL OR STRUCTURE FOUNDATION, HAS TO BE UTILIZED BY THE CONTRACTOR IN THE WORK IN FULL

CONTRACTOR EXECUTIVE ENGINEER 136

QUANTITY AND RECOVERY TOWARDS THIS DEPARTMENTAL SUPPLY WILL BE MADE AS PER THE SCHEDULE SHOWN BELOW:

Particulars Rates at which the material will be Place of charged to the Contractor delivery Unit Rs. P.

R.R H.G boulders (Utilised for At the packing)/ (RR Stone masonry)/ One cum 245.41 departmental Utilization for production of stacking yard aggregate).

Around 27,313 Cum. of hard granite stone excavated from the main canal during initial period of construction are available at 27.00Km. of RMC. The same are to be broken into required size and utilized in the work in R.R stone masonry/ rough stone dry packing/ formation of aggregates. The cost of stone shall be recovered from the work bills at the issue price fixed by the CCE, UIIP. The agency is to carry the stone at his own cost from the stock yard and utilized the same at the required spots.

7.16 CEMENT CONCRETE LINING SECTION 7.16.1 SCOPE OF WORK (a) (i) Canal lining shall be done with concrete paving and finishing machines, which will place, compact and finish the concrete lining in bed and slopes. Plain cement concrete of approved grade, with the maximum size of aggregate of 20 mm shall be laid on the bed and slopes of the canal sections as shown on relevant drawings. The thickness of lining shall be as per approved drawing. (ii) Each concrete paving machine and- associated support equipment utilized under this contract shall place canal lining at an average sustained rate of advancement of not less than 10 meters per hour. This minimum rate shall be obtained for paving operation on the side slopes and on the bottom of the canal while also meeting the requirements for lapsed time following trimming, consolidation of concrete, finishes, joints and other requirements specified therein. (iii) The equipment and operation for foundation trimming, sub-grade preparation, concrete production, concrete delivery joint production, curing compound placement and other association activities supporting the placement of the canal lining shall be matched with the lining equipment capability so as not to impede the specified placement rate of lining operation. The overall equipment deployment shall be such as to ensure the completion of canal lining within the scheduled period specified in the contract. (iv) The contractor can alternatively deploy longitudinally operating self-aligning slip form paver, with built in vibrator attached to the mould/forms so as to effectively compact and finish the concrete alternative to concrete paver finisher, and outlined in para (a) i above. b) Near structures where fluming is involved, lining shall be provided for 15 m length on either side of structures as specified in the relevant drawings. c) During the preparation of sub-grade for canal lining the proud earthwork shall be excavated and trimmed by machine for better progress and to achieve the designed profile of the sub-grade. This excavation for trimming for base preparation of lining shall be carried out immediately, prior to laying of the lining but in no case the time interval should exceed 3 days in normal weather and 2 days in adverse weather conditions. d) The scope of work also includes the following. i) Dewatering the canal section for preparing the base for lining and laying concrete lining, ii) Providing steel safety ladders at required intervals or as directed.

CONTRACTOR EXECUTIVE ENGINEER 137

iii) Providing necessary under drainage arrangements consisting of filter blanket of graded sand and pressure relief valves as per drawings. (iv) Providing filter materials of approved quality as per design. (v) Providing and fixing P.V.C. contraction joints forming water stops. SECTION 7.16.2 CLEARING SITE Area proposed for lining the canal as a whole shall have to be cleared of all objectionable materials, stumps, roots, bushes, and rubbish. Such materials, from clearing operation shall be disposed off away from the working area, clear of work site as per direction of the Project Manager. The cost of clearing is deemed to be included in the item rates of lining in the contract and the Contractor shall not get any extra payment towards this operation. SECTION 7.16.3 PREPARATION OF SUB-GRADE FOR CONCRETE LINING 6.3.1 GENERAL a) Provision of this paragraph shall apply to the preparation of sub-grade upon which concrete lining is to be placed. b) The work of trimming the canal section up to the bottom of concrete lining/ bottom of filter materials to be provided as the case may be and preparing sub-grade for concrete lining includes removal of proud from the slope and bed of the canal. Wherever rock is over- excavated, the item of trimming and preparation of sub-grade includes filling the over- excavated portion with suitable semi pervious materials, watering and compaction and trimming up to bottom level of the concrete lining. Along the canal alignment the rain cuts on inner slope of the banks shall be filled up with approved excavated materials and shall be compacted adequately to required line and grade and level. The material required for filing the over excavation in rock and rain cuts, if not available during excavation in soils to be done under this item, shall be hauled from stockpiles or borrow area to be arranged by the Contractor and placed in position. The cost of the works mentioned herein this item is deemed to be included in the item rates of concrete lining and the contractor shall not get any extra payment towards this operation. c) If at any point material has been excavated beyond the pay line required to receive the concrete lining, the excess excavation shall be refilled in horizontal layer with selected material moistened, if required, and compacted using rollers and slope compactors. Where placing and compacting bedding material is on a sloping foundation, the layers may be placed parallel to the surface of the foundation. If at any point the foundation material is disturbed or loosened during the excavation process or otherwise it shall be moistened, if required, and thoroughly compacted by tamping, rolling or by other approved methods to form firm foundations for placing the concrete lining. d) If, at any place, placement of bedding material below the concrete lining is required, due care shall be taken by the contractor to wet the surfaces of excavation and embankment to a depth of 15 cm or to depth up to impermeable layer below, whichever is less, as per direction of the Project Manager. e) In the canal section requiring bedding material below the concrete lining, due care shall be taken by the Contractor to place the bedding materials on scientifically approved surface adequately wet as described above, in layers not exceeding 15 cm in depth in a single operation and compacted till the bedding material attains a height where it can be trimmed to form a true and even surface upon which the concrete for lining is to be placed. Each layer of bedding material shall be moistened and thoroughly compacted. f) All loose materials likely to be present at the end panel of existing lining adjacent to which lining is to be placed under these specifications shall be removed and all voids beneath

CONTRACTOR EXECUTIVE ENGINEER 138

the existing lining shall be refilled and compacted thoroughly. No extra payment shall be made to the Contractor on this account. g) Suitable material trimmed from the canal shall be judiciously utilised in canal embankment, road embankments or in back filling of the structures or used as a bed material as per direction of the Project Manager. The trimmed materials which cannot be utilised in proper place during one continuous operation shall be stock piled along the right of way where designated by the Project Manager. h) In all the preparation of sub grade for concrete lining shall confirm to clauses 4.1, 4.2, 4.3, 4.4 and 4.5 of I.S 3873-1978 J Indian code of Practice for laying in situ cement concrete lining canal.)

7.16.4 TOLERANCE IN PREPARATION OF SUB-GRADE Excavated profile provides the final base for lining and tolerance departure from lines shown on the drawings shall be as indicated here below: ± 20 mm on straight section ± 50 mm on tangents ± 100 mm on curves Departure from levels shown on the drawings 20 mm The above tolerances shall be negotiated gradually through smooth transition in a length of 50 m. and no over-run in concrete quantity shall be paid to the Contractor.

7.16.5-MEASUREMENT AND PAYMENT The cost of the works mentioned in the item trimming the canal section and preparation of sub-grade is deemed to be included in the item rates of concrete lining and the contractor shall not get any extra payment towards this operation. 7.16.6 SELECTED BEDDING MATERIAL The selected bedding material in the case of bed and sides of canal profile in normal soils shall be graded filter material compatible with sub grade materials and thoroughly compacted. In case of expansive soils, cohesive non swelling (CNS) soil will be used for bedding. The thickness of CNS layer shall be designed according to swelling pressure of soil or as directed by the Project Manager. The loading, handling transporting and placing of the selected bedding material shall be subjected to approval and shall be such as will result in a uniform mixture of the material being placed without separation or segregation. 7.16.7 UNDER–DRAINAGE For a lined canal where the ground water level is higher or likely to be higher than the water level inside the canal so as to cause damage by differential pressures on the lining or where the sub-grade is sufficiently impermeable to prevent free drainage of the underside of lining in case of rapid draw down condition, under drainage shall be provided with suitable pressure relief arrangements as indicated in the drawings or directed by the Project Manager. (i) FILTER DRAINS Wherever necessary longitudinal and/ or transverse filter drains shall be laid in the concrete lining true to the canal grade as shown in the drawings or as directed by the Project Manager. The number of layers comprising the filter thickness of each layer and the materials to be used shall be as shown in the drawings. The filter material shall be clean, round well graded sand or coarse aggregate the requirements of grading of which shall be established in the field laboratory on the basis of a mechanical analysis of adjacent material. Particles of decomposed rock debris, rock, vegetable matter or the deleterious materials shall not be permitted in the filter. Before placing the filter the bed shall be prepared as specified in earlier paragraph.

CONTRACTOR EXECUTIVE ENGINEER 139

The longitudinal drains shall be laid to the grade of the canal while the transverse drains in bed shall have a fall towards the center of the canal bed from the edges as shown in the drawing. (ii). LOCAL FILTER In addition to the above filler drains, local filters of the size and type as shown in the drawing shall be provided. The cost of these local filters shall be included in the unit prices bid for various types of pressure relief arrangements described below. SECTION 7.16.8 MATERIALS All materials including Cement, fine aggregate and coarse aggregate. Water, Admixture and Steel shall be as specified in Section 4.2.

SECTION 7.17. CAST-IN-PLACE CONCRETE LINING 7.17.1 GENERAL The work shall generally conform to IS 3873. All concrete for lining shall be governed by IS: 456-2000. The concrete shall be of controlled grade with suitable admixtures of approved air entraining agents, using well graded aggregates with maximum size of aggregates of 20 mm. Ordinary Portland Cement or Portland Pozzoiana/slag Cement shall be used. Design mix and actual cement level required shall be communicated from time to time to the Contractor in writing by the Project Manager.

7.17.2 BATCHING OF CONCRETE Batching shall be done as per section 4.2.8 7.17.3 MIXING OF CONCRETE Mixing shall be done as per section 4.2.9 7.17.4 TRANSPORTATION OF CONCRETE a) Transportation shall be handled from the place of mixing to the place of final depositing as rapidly as practicable by use of equipment such as transit mixers which shall prevent initial setting, segregation or loss of any of the ingredients. It shall be transported and compacted in its final position within 30 minutes of its discharge from the mixer. b) If segregation occurs during transport, the concrete shall be remixed before being placed, after observing the time requirements as above. 7.17.5 PLACING AND COMPACTION a) Concrete shall be placed only in the presence of a duly authorized representative of the Project Manager. Concrete shall be placed and compacted before initial setting time and shall not be subsequently disturbed. b) Placing of concrete shall not be started until all formwork, installation of parts to be embedded, if any, and preparation of surface upon which concrete is to be laid, have been completely inspected by the Project Manager. All absorptive surfaces against which concrete is to be laid shall be moistened adequately so that moisture shall not be withdrawn from freshly placed concrete. The surfaces, however, shall be free from standing water and mud. c) Concrete shall be deposited in all cases as neatly as practicable directly from mechanized paver in its final position and shall not be caused to flow in a manner to permit segregation. Excessive separation of the coarse aggregate caused by allowing the concrete to fall freely from too great a height or at too great an angle from the vertical shall not be permitted and where such separation would otherwise occur the Contractor shall provide suitable means to convey the concrete without allowing such separation. 7.17.6 MECHANICAL PLACING a) For efficient placing and finishing of the concrete lining on slopes and in bed, concrete lining machines such as slip form paver or concrete paver finisher of approved quality and design shall be used. The equipment of operations for foundation trimming sub-grade preparation, concrete production, concrete delivery, joint production, curing compound placement and other associated activities supporting the placement of the canal lining shall be matched with the

CONTRACTOR EXECUTIVE ENGINEER 140

lining equipment capability so as not to impede the specified placement rate of each lining operation. The overall equipment deployment shall be such as to ensure the completion of canal lining within scheduled period specified in the contract. Concrete canal lining shall be done in the canal prism as shown in the drawing. Mixing of concrete is to be done in a stationery or mobile weigh batching plant installed at suitable place / places and concrete is to be conveyed to work spot in transit mixers to be moved on canal banks and unloaded at site in the hopper of the paver. The concrete in bed and side is to be placed with mechanised paver finisher. The concrete from transit mixer is to be unloaded into hopper and conveyed to other bank, through side discharge conveyor then placed with paver in bed and side and vibrated. Joints will be done with Groove cutter attached to the paver. Panels shall be as per drawing or as directed by Project Manager. The above mechanised procedure is to be followed for side lining where slant length is 2.70 M. or above. In case where canal bed width is less than 2.00 M. and where bed lining is not possible to be- tackled with the above mechanised paver, concrete shall be laid by conventional method i.e. mixing by concrete mixtures and laying the concrete manually in alternative panels of 3 M. length as per drawing or as directed by Project Manager, duly using steel form work to the required thickness of concrete and vibrated with mechanical pan vibrators. The concrete for side lining, where the slant length is less than 2.70 M. shall be laid by using appropriate equipment with steel guided form work and vibrated by mechanical vibrator fitted to gantry. If the concrete is laid manually on slopes, compaction by suitable method, as approved by Project Manager shall be adopted. b) Concrete when deposited shall unless otherwise specified have a placement temperature of not less than 15°C and not more than 32°C. c) Concrete shall be so laid as to facilitate placing, vibrating, finishing and curing operations. The side lining concrete shall be screeded up the slope, while the concrete is being vibrated ahead of the screed. Concrete required for keys as shown on the drawings shall be laid integrally along with the side slope lining. Alternatively, the Contractor can select to use longitudinally operating self-aligning, slip form machine with built in vibrators attached to the slip forms, so as to effectively compact and finish the slope and bed concrete lining.

7.17.7 FINISHING The finishing in lining shall be in accordance with relevant Clause of I.S 3873-1978. a) All exposed concrete surfaces shall be cleaned of impurities, lumps of mortar or grout and unsightly stains. The finished surface shall be even; smooth and free from pockets and equivalent to that obtainable by effective use of long handle steel trowel. Where the surface produced by lining machine meet the specified requirements, no further finishing operation shall be required. Surface irregularities, when tested with a straight edge of 1.5 meter length shall not exceed 6 mm in canal bed for bottom slab and 1 2 mm in that laid on side slopes. b) The surface of concrete finished against form shall be smooth and be free from projections, honeycombing and other objectionable defects. Immediately on removal of forms, ridges or lips shall be removed and undesirable local bulging on exposed surfaces shall be remedied by tooling and rubbing. c) Repairs to concrete surface and additions where required shall be made by cutting regular openings into the concrete and placing fresh concrete to the required lines, chopped openings shall be sharp and shall not be less than 75 mm in depth. The top portion of the side slopes of the canal lining extending 1-1/2 meter vertical below the top of the lining shall receive a nonkid, longitudinal brisk finish as approved by the Project Manager. 7.18.8 CURING 7.18.8.1 GENERAL The concrete lining on slopes including curvatures portion at junction of slope and bed lining shall be cured with specifications given in section 4.2.19. The concrete lining in canal bed shall be cured with water in accordance with the specifications given in section 4.2.19. If water curing of lining in the canal bed is not carried out to the satisfaction of the Project Manager as per specifications, the Contractor shall be directed to switch over to liquid

CONTRACTOR EXECUTIVE ENGINEER 141

membrane forming curing compound for curing for which no extra payment shall be made to the Contractor. All equipment, material etc, needed for curing and protection of concrete shall be at site and ready for installing before actual concreting begins. Detailed plans, methods and procedures of curing and protection of concrete lining shall be got approved in writing from the Project Manager sufficiently in advance of the actual concreting. The equipment and method proposed to be utilized shall be provided for adequate control and avoid interruption for damage to the work of other agencies. The Precast slab for canal lining shall be cured by keeping them immersed in water for seven days and by sprinkling water for another 21 days with straw canvass, hessain or similar materials cover over slab. 7.18.8.3 WATER CURING Unformed top surface of invert of the canal shall be kept continuously moist by covering it completely with wet burlap as soon as the concrete has hardened sufficiently. The burlap shall be kept continuously wet by spraying water for at least 12 hours. Thereafter curing by ponding shall be resorted to. Concrete to be cured with water shall be kept wet by ponding for at least 14 days. Water lost by evaporation shall be replenished periodically to keep the surfaces, continuously submerged under water. The period of 14 days specified above shall be increased to 21 days when pozzolana has been used in the concrete as part replacement of cement. The concrete in canal slope shall be cured by periodical wetting of covered burlap by sprinkling water on them so as to keep them always moist. When the curing of concrete in the canal bed is not found satisfactory the Project Manager may ask the Contractor to resort to membrane curing without any extra cost to department. SECTION 7.19 TESTING OF CONCRETE AND ACCEPTANCE OF WORK 7.19.1 GENERAL Testing of concrete shall be carried out by the Contractor on representative samples taken at the site of laying the concrete in accordance with relevant clauses of I.S. 1119.

7.19.2 SAMPLING PROCEDURE AND FREQUENCY a) Sampling Procedure: A random sampling procedure shall be adopted to ensure that each concrete batch has a reasonable chance of being tested, i.e. the sampling should be spread over the entire period of concreting and should cover all mixing units. b) The test procedures shall be in accordance with I.S. 1199 & minimum frequency of sampling of concrete of each grade shall be in accordance with the I.S. 456-2000. The details described, bellow. For each Major Structure-site one set, - (6nos). 3nos for 7day & 3nos for 28days strength test. For minor structure- one set- 3nos, daily/sift of concrete laying for each grade of concrete Up to 5 cum. – 1 set... up to 15 cum – 2 sets up to 30 cum. – 3 set up to 50 cum – 4 sets, above 50 cum – one additional sample for each additional 50 cum or part thereof. 7.19.3 TEST SPECIMEN Three test specimens shall be made from each sample for testing at 28 days. Additional cubes may be required for various purposes, such as to determine the strength of concrete at 7 days or at the time of striking formwork, or to determine the duration of curing or to check the testing cubes cured by accelerated methods as described in I.S. 9013. The specimen shall be tested as described in I.S.516. 7.19.4-TEST STRENGTH OF SAMPLES a) The test strength of the sample shall be the average of three specimens. Individual variation shall not be more than 15 percent of the average as per clause 15.4 of I.S. 456 - 2000. b) Testing shall be carried out at the testing laboratories set up at the site or at any other laboratory that the Project Manager may decide upon and the results given thereby shall be considered as correct and authentic and acceptable to the Contractor. 7.19.5 ACCEPTANCE CRITERIA

CONTRACTOR EXECUTIVE ENGINEER 142

Acceptance criteria will be as per clause 15, 16 and clause 17 of IS: 456-2000.

SECTION 7.19.6 TOLERANCE The tolerances for concrete lining shall be as given below. 1. Departure from Established alignment: - ± 20mm on straight reaches ± 20mm on straight reaches ± 50mm on partial curves on tangents. 2. Departure from Established grade: - ± 20 mm Any departure from alignment or grade shall be uniform and no corrections in assignment be made in less than 50 m. No overrun in concrete quantity shall be paid to be Contractor.

SECTION 7.19.7. DEWATERING In canal reaches where subsoil water is met with above the canal bed level, dewatering shall be resorted to and continued during preparation of sub-grades, providing under drainage arrangement and placing of concrete for lining till such period, the concrete attains necessary strength. No separate payment shall be made for dewatering operations, as the same is deemed to have been included in rate of related item in Schedule of qualities.

SECTION 7.19.8 MEASUREMENT Measurement for lining shall be made on square meter basis of the area of the lining including key on both sides. To arrive at the quantity in cubic meter, the area thus measured shall be multiplied with the thickness shown in the drawing and executed. The thickness of lining shall be determined by setting of paver machine in relation to final sub-grade on which lining is to be laid. The thickness shall be cross checked by (i) volume of concrete placed and area covered (ii) use of probe when concrete is being placed and (iii) curing. Any extra in quantity of concrete in lining due to admissible tolerances, pockets and voids, over excavation of sub-grade shall not be paid to the contractor.

SECTION 7.19.9 PAYMENT

The measurement of canal lining will be recorded in cubic meter volume. The unit price shall include cost of labour, material, machineries T & P, equipment and consumables required for the following items

1. Carrying out all necessary operations for setting out works, clearing, preparation of beds, removal of silt etc. described under section-2 of Technical Specifications... 2. Laboratory testing of sample of aggregates, cement, water and concrete. (excluding items specified in BOQ vide Bill-A). 3. Procurement of fine aggregates, coarse aggregates, cement, admixtures and water at site of work. 4. Batching, mixing, laying of concrete, vibrating and curing as per Specifications. 5. Erection of gangways, scaffolding, chutes and dismantling the same after completion of work. 6. Construction of approach road, haul road, site illumination, construction of coffer dam till completion of the work and subsequent removal at appropriate time, and all mobilization and demobilization cost to complete the above operations. 7. Payment of all taxes, royalties, VAT etc. 8. Provision of contraction joints and provision for embedment of items as per approved drawings. 9. Cost of all safety precautions. 10. And any other incidental cost to complete the items of work as per specification and direction of Project Manager. 11. Measurement & Payment will be made as per BOQ regardless of methods and type of equipment used for execution of the work

CONTRACTOR EXECUTIVE ENGINEER 143

PLASTERING AND POINTING

SECTION 7.20 MATERIALS

7.20.1. SAND FOR MORTAR FOR PLASTERING AND POINTING

A. GENERAL

Sand for preparation of Mortar for plastering and pointing shall conform to the gradation, as per I.S 1542-1977. The procurement of sand for usage for plastering and pointing shall confirm to the specifications given paragraph 4.2.6. B. COST

The cost of procurement of sand for mortar for plastering and pointing will not be measured for payment and shall be included in the unit price per cu. metre bid in the relevant item of work in the bill of quantities for which this sand is required.

7.20.2 CEMENT

Ordinary Portland cement conforming to I.S 269-1976 shall normally be used for preparation of mortar for plastering, pointing and for masonry work. In the event of non- availability of ordinary Portland cement, Portland Pozzolana cement conforming to IS 1489- 1976 may be used with the approval of Project Manager. 7.20.3 WATER

The Specification and condition specified for procurement of water in paragraph 4.2.5 shall be applicable here also.

SECTION 7.21 MORTAR

7.21.1 PREPARATION OF MORTAR FOR PLASTERING WORK

The cement mortar used in plastering work shall be as per specifications of approved drawings. The other specifications and conditions enunciated in paragraph 6.2.1 shall apply for the mortar for plastering work also.

7.21.2-ACRONYMS

BM, B.M. Bench Mark Lit, Litre

BOQ , B.O.Q. Bill of Quantities LS, L.S. Lump sum

CE, C.E. Chief Engineer M, m, Met, met. Meter

Cm , cm Centimetre mm Millimetre

Cum, CuM Cubic Meter MT Metric Tonne

Cm2 Squire Centimetre M3 Cubic meter

CONTRACTOR EXECUTIVE ENGINEER 144

ºC Degree Celsius MDD Maximum Dry Density

Cc3, CC3 Cubic Centimetre N Newton

EIC, E.I.C. Project Manager No, no Number

Gm, gm Gram OMC Optimum Moisture Content

Hr , hr Hour Qtl, Qntl Quintal

Km, KM Kilometre RM, Rm, rm Running Meter

Kg, KG Kilogram Sq. M, Sqm, Sq Met Squire Meter

7.21.3 STANDARDS AND SPECIFICATIONS:

The term, Indian Standard specifications herein after referred to as BIS as used herein means the relevant Bureau of Indian Standard codes with all amendments published up to the date of submission of tenders. A Statement of BIS as applicable to the context of present work is listed below. The list is not exhaustive.

LIST OF INDIAN STANDARDS Sl. No. Short title B. I. S. Number (I) CEMENT (1) Specification for ordinary, and Low heat Portland cement 269 – 1989 (2) Specification for Portland Pozzolana Cement 1489 – 1991 (3) Portland slag cement (Third Revision) 455 – 1989 (4) Method for Physical tests for hydraulic cement (Reaffirmed 1980) 4031 - 1996 (5) Method of chemical analysis of hydraulic cement (First revision) 4032 - 1985 (6) Rapid hardening Portland cement 8041 – 1990 (7) High strength ordinary Portland cement 8112 – 1989 (8) Specification for 53 grade Ordinary Portland Cement 12269 - 1987

(II) AGGREGATES (1) Specification for coarse and fine AGGREGATE from natural source for concrete 383 – 1970 (2) Specification for Sand for Masonry Mortars 2116 – 1980 (3) Method of Tests for aggregates for 2386 - 1969 Concrete (Part – I to Part – VIV) (4) Standard sand for testing of cement (First revision) with amendment 1 & 2 Reaffirmed 1980 650 – 1991 (5) Method for sampling of aggregates for concrete 2430 – 1969 (6) Method of test for determining aggregates impact value of soft coarse aggregates 5640 – 1970

CONTRACTOR EXECUTIVE ENGINEER 145

(III) BUILDING STONES (1) Method of Test for Determination of strength 1221 - 1974 properties of natural building stones (Part – I to Part – IV) Part- - I Compressive Strength Part – II Transverse Strength Part – III Tensile Strength Part – IV Shear Strength (2) Method of Measurement of Buildings and Civil Engineering Works method. (Part – IV, stone masonry) 1200 – 1976 (IV) STEEL (1) Code of practice for bending and fixing of bars for concrete reinforcement 2502 – 1963 (2) Specification for cold worked steel deformed bars for concrete reinforcement 1786 – 1985 (3) Code of practice for Welding of M. S. Bars used for Reinforced Concrete Construction 2751 – 1966 (4) Recommendations for detailing of reinforcement in reinforced concreted works 5525 – 1969 (5) Specification of Mild Steel and Medium Tensile Bars for concrete reinforcement 432 - 1966 (Part – I) (6) Code for practice for safety and health requirement in Electric and Gas welding and cutting operations 818 – 1968 (7) Code for practice for Fire precautions in welding and Cutting operations 3016 – 1966 (8) Measurement of Building and Civil Engineering 1200 - 1974 Works, method Part – VIII steel work and Iron work (Part – VIII) (9) Code of procedure for manual or metal ARC welding of Mild Steel 823 – 1964 (V) MASONRY (1) Method of Measurement of building and Civil 1200 - 1976 Engineering works Part – XII plastering and pointing (Part – XII) (VI) CONCRETE (1) Method of Measurement of building and Civil 1200 - 1968 Engineering works Part – II cement concrete works (Part – II) (2) Code of practice for plain and reinforced concrete 456 – 2000 (3) Methods of tests for strength of concrete 516 – 1959 (4) Code of practice for laying in situ cement concrete lining on canals 3873 – 1993 (5) Specification for Admixtures for concrete 9103 – 1979 (6) Methods of Sampling and Analysis of concrete 1199 – 1959 (7) General requirements for Concrete Vibrators – immersion type 2505 – 1992 (8) General requirement for concrete vibrator screed board type (first revision) 2506 – 1985 (9) Code of practice for use of immersion vibrator for consolidating concrete (first revision) 3558 – 1983 (10) Method for testing performance of batch type concrete mixer 4634 – 1990 (11) Form vibrators for concrete 4656 – 1991 (12) Ready mixed concrete (First revision) 4926 – 1990 (13) Code of practice for sealing joints in concrete lining on canals 5256 – 1992 (14) Vibrating plate compactor 5889 – 1994

CONTRACTOR EXECUTIVE ENGINEER 146

(15) Concrete Pavers 7245 – 1991 (16) Concrete slump test apparatus 7320 – 1992 (17) Method of making curing and determining compressive Strength of accelerated cured concrete test specimen 9013 – 1979 (18) Guidelines for concrete mix design 10262 – 1982 (VII) EARTH WORK (1) Method of Measurement of building and Civil 1200 - 1992 Engineering Works Part – I Earth Work (Part – I) (2) Safety code for piling and other deep foundations 5121 – 1994 (3) Code of practice Design Installation, observation and maintenance of uplift pressure pipes for Hydraulic structures on permeable foundation 6532 – 1992 (4) Safety code for excavation works 3764 – 1992 (5) Code of practice for Protection of slope for reservoir embankments 8237 – 1990 (6) Code of Practice for earth work on Canals 4701 – 1982 (7) Guidelines for lining of Canals in expansive soils 9451 – 1991 (8) Method of test for soils Part – II 2720 – 1973 Determination of water content (Part – II) (9) Method of test for soils Determination of 2720 – 1995 Water content Dry density relation using light compaction (Part – VII) (10) Method of test for soils Determination of dry density of soils in place by the sand 2720 – 1974 replacement method (Part – XXVIII) (11) Method of test for soils Determination of dry 2720 - 1975 Density of soils in place by the core cutter method (Part – XXIX) (12) Classification & identification of soils for general Engineering purpose (first revision) 1498 – 1970 (13) Safety code for working with construction machinery 7293 – 1996 (14) Filtration media – sand & gravel 8419 – 1990 (Part – I) (15) Under drainage arrangements of lined canals 4558 – 1995 (16) Precast cement concrete slabs for canal lining 3868 – 1995 (17) Methods of tests of soils 2720 - 1997 (Part – I to X) (18) Method of load test on soils (Second revision) 1888 – 1999 (19) Method for standard penetration tests for soils (First revision) 2131 – 1997 (20) Method of sampling and preparation 4332-1995 of stabilized soils for testing (VIII) OTHER SUBJECTS (1) Safety code for scaffolds and 3696 - 1966 Ladders Part – I Scaffolds (Part - I) (2) Safety code for scaffolds and ladders 3696 - 1966 Part – II Ladders (Part – II) (3) Recommendations on stacking and storage of Construction materials at site 4082 - 1977 (4) Plywood for general purposes (Second revision) Amendment 1 to 3 303 – 1975 (5) Test sieves 460 – 1985 (Part – 1 to 3) (6) Code of practice for under drainage of lined canals (first revision) 4558 – 1983 (7) Code for practice for in– situ 5529 permeability test (Part – 1 to 2)

CONTRACTOR EXECUTIVE ENGINEER 147

(8) Standard Specification and Code of Practice for Road & Bridges IRC: 21-2000 In addition to the relevant BIS code, the specifications prescribed and guidelines issued by Central Water Commission Standard Specifications, IRC, MoRTH shall also be followed. The BIS Codes which have been referred above, if updated, the updated code of practice shall be followed. Any materials for which no standard is referred to or has not been fully specified in the Specifications then it shall be of 1st class quality and the contractor is to carry out the necessary tests based on International Testing Standard as per direction of Project Manager.

7.21.4 PROGRESS PHOTOGRAPHS:

The Contractor shall make all arrangements to provide a minimum of 20 monthly progress photographs by a digital camera in albums, but not pasted, showing the work progress and shall promptly supply four copies of such photographs, larger than 10 cm x 15 cm in size, of such portions of the works in progress and/or completed as may be directed by the Project Manager. Each print shall contain on its front the date, time and title of the view taken. The digital files of the photographs shall be the property of the Employer and no prints from those shall be supplied to any persons without the approval of the Project Manager. No payment on the account shall be made to the contractor.

7.22 Survey and investigation

7.22.1 Survey and Investigation of the system for finalization of revised LS and DS of the main canal, LS of the new drains to be excavated along the right bank, design of the additional structures, extension of the additional vents, preparation of drawings both in soft and hard copy(seven sets), calculation of quantity involved, etc. as per guide lines of CLSRP and recommendation of HLTC, fixation of bench mark pillars including marking of levels ,RD pillars, sign boards of the major structures and head regulators etc. complete and as directed by the Engineer-in-Charge. (Cross section of the existing main canal incorporating the revised levels at 15m interval in soil zones and at 3m interval in rock/D.I zones, the designs and drawings should be submitted in soft and hard copy for approval by the competent authority before commencement of the execution of the work. The work can only be taken up after approval of required designs and drawings)

7.22.2 The longitudinal section and cross sections in the interval of 15 M in earth work zones and in 3 M interval in rock zones is to be taken in presence of the concerned Sub-Divisional Officer and recorded in the level books issued by the Engineer-in-Charge. Similarly, the LS and CS of the new drains to be excavated along the right bank of the main canal are to be taken and recorded.

7.22.3 The design of additional structures such as: VRB and Additional Vent of the CD of RMC is to be taken up and the design and drawing should be submitted to the Chief Engineer and Basin Manager, IKB , Khatiguda, Nabarangpur for his approval.

CONTRACTOR EXECUTIVE ENGINEER 148

7.22.4 The bench mark pillars are to be constructed along the left bank of the canal at suitable intervals and connect it with the nearest GTS Bench Mark, in order to use the same at the time of execution of the lining work.

7.22.5 The RD pillars are to be fixed at each Km. along the left inspection bank and sign-boards are to be erected on major structures as directed by the Engineer-in-Charge.

7.22.6 The payment for survey and investigation shall be paid on Km. basis as pointed out in bill of quantities.

CONTRACTOR EXECUTIVE ENGINEER 149

SECTION-VIII QUALITY CONTROL AND ASSURANCE

CONTRACTOR EXECUTIVE ENGINEER 150

8- QUALITY ASSURANCE, CONTROL AND QUALITY MONITORING

It shall be the responsibility of the Contractor to ensure the quality of the materials to be used, quality of works to be executed as well as the quality of finished product as per technical specification in accordance with Indian Standards. Contractor shall establish and maintain field laboratory suitably placed inside the Project area (including suitable building, furniture and equipment) at his own cost and conduct different quality control test on construction material, process control test on construction & quality control monitoring test on finished products. He shall appoint qualified & experienced technical staff as per requirement to conduct tests. Equipment as necessary to conduct the tests shall be procured by the contractor. A list indicating some of the main equipment are given below for reference of the Contractors. The Contractor shall also procure other equipment, if necessary, to conduct tests specified for different items of work to the satisfaction of the Project Manager. 1. Portable Compressive strength Testing Machine 1 no. 2. Field density apparatus core cutter with dolly and steel rammer. 3 sets 3. Modified proctor density apparatus full unit. (For light compaction) 1 set. 4. Rapid Moisture meter 3 sets 5. Sample Extruder. 1 set 6. Steel Straight edge – 300mm long. 3 nos. 7. Flakiness gauge 3 nos. 8. Mixing tools such as mixing pan, spoon, trowel, spatula etc. 3 sets 9. Air tight container, small size for M.C. determination 40 nos. 10. Oven, thermostatically controlled to maintain a temperature 105 – 1100C 1 no. 11. Steel tape 3mtr. 1 no. 12. Palette knife with blade 20cm long & 3cm wide. 1 set 13. Porcelain evaporating dish-15cm dia. 4 nos. 14. Stainless steel spatula 25 cm long 4 nos. 15. Aluminium dish with lid-5cm dia. 4 nos. 16. Enamel plate - 45cm x 45cm size 1 no. 17. Enamel plate - 20cm x 15cm size 1 no. 18. Glass plate 100 mm thick - 45cm x 45cm size 2 nos. 19. Ground glass -5mm thick -, 20cm x 15cm size 2 nos. 20. Brass rod of 3cm dia. & 10cm long 1 no. 21. Wash bottle- 1 lit capacity, 500ml capacity. 2 nos. 22. Frying pan 1 no. 23. Stove 1 no. 24. Grafting tool or spade & pick axe 3 nos. Each 25. G. I. Tray 3 nos. 26. Shallow tray 650 cm² 3 nos. 27. Quartering Trowel 2 nos. 28. (a) Steel tamping rod having 16mm dia. & 600 mm long with bullet end. 3 nos. (b) Steel tamping rod - 10mm dia. & 230mm long with bullet end. 1 no. 29. Slump test apparatus 3 nos. 30. Cube mould 150x150 x150mm. 54nos. 31. Pycnometer bottle 1 no. 32. Curing tank 1.6m x 0.8 m xo.4 m 1 no. 33. (a) I.S Test Sieve with base and top lid (square hole perforated plate) 80mm, 63mm, 40mm,31.5mm,25mm,20mm,16mm,12.5mm,10mm,6.3mm, 4.75mm and pan. 3 sets. (b) I.S Test Sieves (fine mesh wire) 4.75mm, 2.36mm, 1.70mm, 1.18mm,

CONTRACTOR EXECUTIVE ENGINEER 151

600 micron, 300 micron, 150 micron, 75 micron and pan. 3 sets. (c) Test sieve with base & top lid - 37.5mm, 20mm, 19mm, 10mm, 9.5mm, 4.75mm, 2mm, 1.18mm, 600 micron, 425 micron, 300 micron, 150 micron, 20 micron, 10 micron, 3 micron, 2 micron. 1 set. 34. Hand operated sieve shaker for above sieves 1 no. 35. (a) Electronic Balance-10 Kg Capacity with 1.0gm least count. 1 no. (b) Electronic Balance 3Kg with 0.5gm least count 1 no. (c) Electronic Balance-2 Kg Capacity with 0.1gm least count. 1 no. 36. Consumables (As per actual requirement from time to time) a) Sieve brush b) Wire brush c) Sodium carbonate d) Sodium hexametaphosphate e) Kerosene f) Mercury g) Cotton waste h) Distilled water i) Carbide for rapid moisture meter j) Dry Soft absorbent cloth of size 75cm x 45cm k) Engine Oil

8.1 QUALITY ASSURANCE PLAN The Contractor shall, within fourteen (14) days from the Commencement Date, submit a Quality Assurance Plan. The plan shall include methodology & sequence of operation, list of materials sources, Quality Assurance & Quality control procedure to be followed prior to commencement of work and during execution, testing schedule showing test to be conducted and their frequencies & testing of end product, with respect to procedure laid down in different Indian Standards for each item of work & internal organisation ensuring good quality of constructions works, procedures for supplying of suitable materials, procedures for verification of drawings and other items as required by the Project Manager. The Contractor shall implement the quality control procedures in compliance with the approved Quality Assurance Plan. 8.2 CONSTRUCTION SUPERVISION Supervision of construction work will be done by the Project Manager and his site staff on a day-to-day basis and periodically by the concerned Superintending Engineer and Chief Engineer in charge of the Project. 8.3 MATERIALS AND SAMPLES The Contractor shall submit to the Project Manager a list of all suppliers of manufactured items from whom he proposes to purchase, and the locations of quarries, material sources from which he proposes to extract material aggregates, stones, fill materials etc. If the contractor is purchasing the aggregates from the vendor he should obtain the material from the licensed quarry where the Orissa Pollution Control Board has given Consent for Establishment and Operation for the crusher. In addition the Contractor should enclose a copy of the Consent for establishment and operation as part of the Vendor approval. All materials and articles shall, whether specified or otherwise, be suitable for the use intended and shall be approved by the Project Manager. Samples of all materials or articles to be incorporated in the Works as may be called for by the Project Manager or his Representative shall be submitted as and when required for retention by the Project Manager’s Representative. Manufacturer’s test certificates shall be supplied in respect of cement, steel, pipes, etc. The Contractor shall maintain a detailed record of all materials delivered to his stores or working areas, and shall make these records available to the Project Manager’s representative. All goods and materials used in the Permanent Works shall be new, unused, of the most recent or current models, and incorporate all recent improvements in design and materials unless provided otherwise in the Contract.

CONTRACTOR EXECUTIVE ENGINEER 152

All materials and works rejected by the Project Manager’s representative shall be promptly removed from the site. 8.4 INSPECTION AND TESTS All materials and goods furnished and works performed under these specifications shall be subject to the inspection of the Project Manager or his authorized representative to determine that they meet the requirements of these specifications. The Contractor shall notify the Project Manager, not less than 15 days in advance of the date and place that the materials will be available for inspection. Acceptance of materials or the waiving of inspection, thereof, shall not relieve the Contractor of the responsibility for furnishing materials and goods or performing works in accordance with the requirements of the Contract Documents. The Contractor shall conduct different approval test in Government approved Testing Laboratories prior to utilisation in the work. The Contractor shall be responsible for delivering all samples to the laboratory and for collecting the results. The original test certificates shall be presented to the Project Manager for his review and approval. The Contractor shall conduct quality control test on construction material, process control test on construction & quality control monitoring test on finished products in Q.C Field Laboratory with respect to procedure & frequencies laid down in different Indian Standards for each item of work. The Contractor shall maintain quality control test registers made out of approved test formats of all tests & abstract submitted to Project Manager regularly. Contractor shall maintain guard file & document all test results of approval test of construction materials conducted in government approved Q.C. Testing laboratory, & abstract submitted to Project Manager regularly. The Contractor shall facilitate inspection & verification of testing, documentation of test result to the Project Manager or his authorized representative (Asst. engineer, Junior Engineer & supporting testing staff) to ascertain, the work has been executed as per approved Technical Specification. The Contractor shall facilitate State Quality Monitors (appointed by D.O.W.R) & higher authorities of Project to inspect & conduct verification testing as and when required to ascertain the materials used in the work & the end products are of prescribed standards. The Contractor shall submit all the original quality control Test registers & guard file containing approval test results of materials to the Project Manager for record after completion of the work.

8.5 PROFORMA FOR OK REGISTER FOR QC

QUALITY CONTROL ARRANGEMENT. a) Person in-charge of QC.

Name

Designation

Base Lab

Name / Location of Base Lab b) QC register /OK Card Produced Yes No

Maintained properly Yes No c) Field Laboratory

Set Up Yes No

CONTRACTOR EXECUTIVE ENGINEER 153

Maintained by

8.5.1 Borrow Area :

Location Km. from site

Approved Yes No

Soil tested Yes No

Test Laboratory

(Name / Location)

Results pasted in QC Register Yes No

8.5.2 Drawing and Specifications:

Approved/ Working Drawing available at site Yes No Specification available at site Yes No 8.5.3 During Inspection : a) Earthwork was done in my presence from RD______to ______b) I am satisfied/ not satisfied (state details if not satisfied) that proper procedure has been followed in the above work. Earth from approved borrow area has been stacked suitably and Yes No there is no excess earth. 8.5.4 Field moisture content of stacked earth % OMC %

Type of spreading equipment Earth was properly spread to ______mm Yes No Type of watering equipment Type of compacting equipment No. of passes Field Dry Density Percentage of compaction Extra passes Final Dry Density Final percentage of compaction Entered in QC register and OK Card. . CHECKLIST FOR CONCRETE Drawing & Specification: Drawing and Specifications:

Approved/ Working Approved by Specification available at site Yes No Reinforcement grade of steel : Fine aggregate Quality : Water Quality :

CONTRACTOR EXECUTIVE ENGINEER 154

Coarse aggregate Quality : Cement grade : Minimum cement in Kg/cum. : Maximum cement in Kg./cum. : Admixture quality :

8.5.5 Arrangement : Safety of centering and shuttering Yes No Stand by equipments : Yes No Lightning arrangement : Yes No Stand by vehicle for emergency Yes No Compressor/ Green cut arrangement Yes No Curing Arrangement Yes No

8.5.6 Tests conducted : Cement Yes No Reinforcement Yes No Course Aggregate Yes No Fine Aggregate Yes No Water Yes No Design Mix done Yes No Laboratory where mix design done Cube tests and their results OK Not

8.5.7 Field test conducted during inspection/ observation : Grading of coarse aggregate Yes No Grading of fine aggregate Yes No Silt content of sand Yes No Bulkage of sand Yes No Type of Cement Date of manufacture of cement Yes No Observed slump Sample of concrete Taken No Sample No. of cubes Weight of cement used per Batch Kg. Weight of Coarse aggregate Kg. Weight of Fine aggregate Kg. Quality of water Kg. Grade of steel used Spacing as per drawing Yes No Cover OK Yes No Laps OK Yes No Walk way provided Yes No Status of old concrete OK Yes No Status of cube test results OK Yes No Non destructive test required Yes No Recording in QC register Yes No 8.6 CHECKLIST FOR ROAD WORKS 8.6.1 Pre-construction Tests: Soil Tested Yes No Type of soil Liquid Limit CBR value Tested Yes No Borrow area specified Yes No Availability of test report Yes No Recorded in QC register Yes No

CONTRACTOR EXECUTIVE ENGINEER 155

Density of soil

Test Laboratory (Name/ Location) OMC MDD Suitability Yes No

8.6.2 Test during Inspection: Thickness of layer OK Yes No Moisture content Yes No MDD Yes No Percentage of compaction OK No Profile of Road OK Yes No Recording in QC register Yes No

8.7 Granular Sub-base: 8.7.1 Pre-construction Tests: Test of moorum & soil admixture Yes No Proportion of admixture Liquid limit CBR value Tested Yes No P.I. OMC MDD Grading OK Not Tested at Lab. Govt. Private Test results available at site Yes No.

8.7.2 Test during Inspection : Thickness of layer OK Yes No Grading OK Not OMC MDD Percentage of compaction OK Not Profile of Road OK Yes No Recording in QC register Yes No 8.8 W.B.M. items : 8.8.1 Tests in Base Lab : Physical properties of coarse aggregate Yes No Grading of coarse aggregates Yes No Screening material Yes No Liquid Limit of Screening materials P.I. of screening materials % finer to 75 micron sieve for screening materials Tested at Lab Govt. Private Test results available at site Yes No

8.8.2 Test during inspection : Thickness of layer OK Yes No Grading of coarse aggregate OK Not Grading of screening OK Yes No Profile of Road OK Yes No Surface irregularly OK Yes No

CONTRACTOR EXECUTIVE ENGINEER 156

% finer to 75 micron sieve Recorded in QC register Yes No 3.9 Bituminous items : 8.9.1 Test in Base Lab : Physical properties of coarse aggregate Yes No Grading of coarse aggregate Yes No Properties of bitumen/Emulsion Yes No Test results available at site Yes No Test conducted at laboratory Govt. Private 8.9.2 Test during inspection : Bitumen/Emulsion content in Prime coat/ tack coat/ seal coat/ PMC Mixing temperature Laying temperature Thickness of layer Profile of Road OK Yes No Surface irregularity OK Yes No Grading of coarse aggregate Yes No Record in QC register Yes No

8.10 Quality supervision Arrangement during execution OK. Yes No 8.11 Quality monitoring arrangement OK Yes No 8.12 Rectification and compliance to defects Yes No 8.13 Suggestion for improvement to be recorded in QC register Yes No

8.14 INTERFERENCE WITH EXISTING WORKS The Contractor shall not interfere in any way with any existing works whether they are the property of the Employer or of a third party and whether the position of such works is indicated to the Contractor by the Project Manager or not, except where such interference is specifically described as part of the Works either in the Contract or in the Project Manager’s instructions. The Contractor shall at his own expense provide and erect, to the approval of the Project Manager, such supports as may be required to protect efficiently all structures or works which may be endangered by the execution of the Works and he shall remove such supports on completion of the Works or otherwise take such permanent measures as may be required by the Project Manager to protect the structures or works. The Contractor is to execute the Works in such a manner that he does not damage or interfere with existing services which are located in proximity to the Site. The Contractor shall be responsible for any damage or interference which may be caused to these services due to the execution of the Works and shall carry out all necessary repairs at his own expense and to the satisfaction of the Project Manager. 8.15 FIELD RECORDS AND AS-BUILT DRAWINGS During the progress of the work, the Contractor shall maintain a continuous up-to-date copy and record of all drawings, specifications, supplementary data, latest revisions and field deviations from the drawings, if any, approved by the Project Manager. As soon as any section of the Works has been completed the Contractor shall bring the construction drawings up to “As-Built” status incorporating all modifications, additions, alterations etc., which may have been made during the construction period. All “As-Built” drawings shall be subject to verification and approval by the Project Manager. Within the contractually stated period following the date of the issue of the Certificate of Completion for the Works or parts of the Works, the Contractor shall complete and submit one full set of such approved drawings together with one set of auto-positives to the Project Manager.

CONTRACTOR EXECUTIVE ENGINEER 157

8.16 PROTECTION OF COMPLETED WORKS The Contractor shall protect completed Works from damage from subsequent operations, from the weather or any other cause, including the naturally aggressive nature of the environment in which the works are to be constructed and make good any damage so arising until the work is fully completed and handed over to the Project Manager. 8.17 SIGNBOARDS Notice boards shall be in Odia, Hindi and English and shall be displayed in suitable position on the Sites to show the Employers name together with the name of the Project and the names of the co-financer, Consultant and Contractor. The boards shall have a minimum overall size of 1.5m x 1m and shall be in a format to be provided by the Project Manager

8.18 SAFETY MEAURES: The contractor shall be responsible for ensuring throughout the contract period all the safety measures at site of work so as to prevent loss of life, property and damage of partially or completed works.

CONTRACTOR EXECUTIVE ENGINEER 158

SECTION-IX

DRAWING VOLUME

CONTRACTOR EXECUTIVE ENGINEER 159

CONTRACTOR EXECUTIVE ENGINEER 160

CONTRACTOR EXECUTIVE ENGINEER 161

CONTRACTOR EXECUTIVE ENGINEER 162

CONTRACTOR EXECUTIVE ENGINEER 163

CONTRACTOR EXECUTIVE ENGINEER 164

CONTRACTOR EXECUTIVE ENGINEER 165

CONTRACTOR EXECUTIVE ENGINEER 166

CONTRACTOR EXECUTIVE ENGINEER 167

CONTRACTOR EXECUTIVE ENGINEER 168

CONTRACTOR EXECUTIVE ENGINEER 169

CONTRACTOR EXECUTIVE ENGINEER 170

CONTRACTOR EXECUTIVE ENGINEER 171

CONTRACTOR EXECUTIVE ENGINEER 172

CONTRACTOR EXECUTIVE ENGINEER 173

CONTRACTOR EXECUTIVE ENGINEER