BARSHITAKLI NAGAR PANCHAYAT, BARSHITAKLI DIST. AKOLA.
TENDER NOTICE
Name of Work: PROVIDING OFF GRID SOLAR POWER PACK TO NEWLY CONSTRUCTED ADMINITRATIVE BUILDING AT NAGAR PANCHAYAT BARSHITAKALI.DIST.AKOLA
: Amount Put to tender 7,09,450/-
Earnest Money Deposit :Rs. 14,000./-
Period of Completion : 60 (TWO) Calendar month
Cost of Tender Processing :Rs: 1000/- (Non Refundable)
Date of publishing of Online Tender : Dt 24/09/2018 (at 4.00 pm.)
Last Date of filling of Online Tender : Dt 8/09/201 (at 5.00 pm)
Dt 11/09/2018 Date of opening of Tender :
Hard copy submission : Dt 10/09/2018
Chief Officer, Nagar Panchayat, Barshitakli
INDEX
Name of Work: PROVIDING AND ERRRCTION OF OFF GRID SOLAR PANEL ON NEW ADMINITRATIVE BUILDING NAGAR PANCHAYAT BARSHITAKALI.
Sr.No. DESCRIPTION PAGES From To 1 Details of Works
2 E-Tender Notice
3 Detailed Tender Notice
4 Methodology of Tender submission.
5 Statements I to VII , Surety Bond &Guarantee Bond
6 Additional General Conditions of contract.
7 General conditions of contract for Electrical work
8 Schedule-A.
9 Schedule-B.
10 Recapitulation Sheet &abstract of the project , Financial (BOQ) Document 11 Additional specifications 12 Schedule-C.
13 Acceptable Slandered of Materials
14 Drawing Note
Chief Officer Nagar Panchayat, Barshitakli
Contractor No of Correction Chief Officer 2
DETAILS OF WORKS
Name of Work: PROVIDING OFF GRID SOLAR POWER PACK TO NEWLY CONSTRUCTED ADMINITRATIVE BUILDING AT NAGAR PANCHAYAT BARSHITAKALI.DIST.AKOLA
Estimated cost put to tender : Rs. 7,09,450/-
Earnest Money : Rs. 14,000/- (2% of estimated amount to be deposited online in the Account of Chief Officer, Nagar Panchayat, Barshitakali at the time of tendering procedure)
Security Deposit : 10% of the work . 2 % Of estimated amount will have to be deposited either in cash or in the in the form of FDR in the name of Chief Officer, Nagar Panchayat, Barshitakali at the time of Agreement & remaining 8 % will be deducted From R.A Bills (if Tender Quote in the Range upto above/below 10% if he quote more than below/above 10% then Security Deposit equal to be below Quote value will be required to be deposit either in cash or in the form of FDR in the name of Chief Officer, Nagar Panchayat, Barshitakali )
Time Stipulated for completion : Two Calendar month (including monsoon)
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3 NAGAR PANCHAYAT, BARSHITAKLI E-TENDER NOTICE
Chief Officer, Nagar Panchayat Barshi-Takli invites E- tenders in B-1 form from the eligible contractors as mentioned in the tender form.
Sr. Name of Work Amount put Amount Period for Class of Tender Time period Last date of Opening Authority No. to Tender of EMD completion Contractor Processing of download submission of (In Rs.) (In Rs.) of work Fees (in Rs.) for blank completed tender form tender form 1 2 3 4 5 6 7 8 9 10 1. Rs 709450/- Rs Two month Appropriate Rs. 1000/- As mentioned As mentioned Chief Officer PROVIDING OFF GRID SOLAR 14,000/- Class (Non – in the Tender in the Tender Nagar Panchayat, POWER PACK TO NEWLY Refundable) Document Document Barshitakli CONSTRUCTED ADMINITRATIVE BUILDING AT NAGAR PANCHAYAT BARSHITAKALI.DIST.AKOLA
1) The detailed tender notice and all other details are available on portal. Contractors are required to get enrolled on the portal http://www.mahatenders.gov.in and get empanelled in relevant sub portal. Tender processing fees as mentioned in the tender document must be deposited through the online Account. Further information regarding the work Drawing & plans can be seen PWD office of Nagar Panchayat, Barshitakli in working hour. The Online fee shall be adjusted against as fees of Online tender document and it is non refundable.
Chief Officer, Nagar Panchayat, Barshitakli
Contractor No of Correction Chief Officer,
4 NAGAR PANCHAYAT, BARSHITAKLI DETAILED TENDER NOTICE
1. Digitally Signed & unconditional online tenders in form B-1 (percentage of rate) are invited by the Chief Officer, Nagar Panchayat, Barshi-Takli. The Contractor registered on http://www.mahatenders.gov.in in appropriate class in Public Work Department, Government of Maharashtra The contractors should upload the scanned copy (PDF) of undertaking stating that his/their firm is not blacklisted in any ULB/Govt./Semi Govt. Institutions as Self declaration for e-tender documents.
1. Name of Work : PROVIDING OFF GRID SOLAR POWER PACK TO NEWLY CONSTRUCTED ADMINITRATIVE BUILDING AT NAGAR PANCHAYAT BARSHITAKALI.DIST.AKOLA
2. Estimated cost : Rs. 7,09,450 /-
3 E M D : Rs. 14,000/- (2% of estimated amount to be deposited online in the Account of Chief Officer, Nagar Panchayat, Barshitakali at the time of tendering procedure)
4. Security Deposit : Rs 14,000/- (Total) out of which 2 % Of estimated amount will have to be deposited either in cash or in the in the form of FDR in the name of Chief Officer, Nagar Panchayat, Barshitakali at the time of Agreement & remaining 8 % will be deducted From R.A Bills if Tender Quote in the Range upto to above/below 10% (if he quote more than below/above 10% then additional Security Deposit equal to be below Quote value will be required to be deposit either in cash or in the form of FDR in the name of Chief Officer, Nagar Panchayat, Barshitakali)
5. Registration (Class) of : Appropriate Class 6. Time Limit for : Two Calendar Month
Online e-Tender Schedule:-
Detailed is Published on Website
1. Blank tender document and other details can be downloaded by above mentioned e-Tendering portal of NPB on payment of Rs. 1000/- (Rs. One Thousand Only) (Non refundable). Tender need to upload scanned copy (PDF) of Computer generated money receipt paid online in the A/c. of Chief Officer, Barshi-Takli Nagar Panchayat.
• The competent Authority reserves right to accept or reject any or all tenders without assigning reason thereof. • The tenders shall be received online on above mentioned e Tendering Portal in two envelops system. • The conditional tender will be rejected. • The contractor should make their own arrangement of water supply, electricity for Construction purpose and testing purpose. • Validity period of the offer of the tenders will be 60 days from the date of opening of the tender mentioned in Tender Document.
2. Each bidder should further demonstrate:
(a) Availability (either owned or by procurement of the following key and critical equipment for this work: - Scaffolding and Construction Lift - Mechanical Breaker
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5 - Safety Apparatus during Execution - required steel formwork for load bearing work to complete the work within stipulated time limit. The sub contractor for road work should own the following machinery.) - Vibratory Roller 1 No - Dumpers 2 No’s - Needle vibrator, skid vibrator, concrete joint cutter, scrubber, - Total Station, Auto Level, Dump Level & other levelling equipments.
(b) Supervision and superintendence Contractor's Supervision The Contractor shall supervise and direct the works efficiently and with his best skill and attention. He shall be solely responsible for means, methods, techniques, procedures and sequences of construction. The Contractor shall co-ordinate all parts of the work and shall be responsible to see that the finished work complies fully with the contract documents, and such instructions and variation orders as the Engineer may issue during the progress of the works. Technical person Supervision Contractor shall have to kept technical supervisor for execution of same work with minimum experience of 3 years.
Declaration by the Contractor: 1. I / We hereby declare that I /we have made myself/ourselves thoroughly conversant with requirements stated in above and I/we agree that I/we will inform NPB about the bio data of the resident engineer before getting work order for the tendered work. 2. Applicant should upload scanned attested photocopies of all documents on above mentioned e- Tendering Portal & produce in original on request by NPB at any stage from e-Tender Opening. 3. If rate quoted by bidder is below 10% of the estimated cost of tender, then the additional security deposit on required by Chief Officer will be reduced by the successful bidder before the issuance of work order. 4. The amount of initial security deposit will be A) 2% of tender amount Security Deposit in cash or in the form of Term Deposit Receipt from Nationalized/Scheduled Bank in the form approved by Barshi-Takli Nagar Panchayat at the time of the Agreement, remaining 8% of executed work amount, Security Deposit will be deducted from the RA bills. The contractor shall quote percentage above or below the rates specified in the “Schedule-B” of the e- tender online on prescribed format . 5. Earnest Money as mentioned above against the work should be paid online Computer generated copy, is to be uploaded during bid preparation. 6. The amount of earnest money shall be forfeited in case after his/her/their tender is accepted the contractor fail/fails to complete the contract documents and pay the amount of Security Deposit noted against the work within specified time would be intimated in the letter of acceptance. 7. Decision of tenders will vest with the Competent Authority who reserves the right of rejecting any or all the tenders without assigning any reasons for doing so. 8. The offer of the tenderer shall be binding for a period of 60 days from the date of submission of e- tender.
9. A statement showing names of partners, Directors, etc. of the firm with complete address of each should be uploaded to the e-tender and authorized person on behalf of firm should sign tender using digital signature certificate.
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6 10. The lowest tenderer shall be required to pay the Stamp duty for the execution of the contract agreement with the “Chief Officer, Nagar Panchayat, Barshitakli” according to Govt. rules and scale in force. 11. Contractor shall take out necessary Insurance Policy/Policies (viz. Contractor’s All Risk Insurance Policy, Erection All Risks Insurance Policy etc. as decided by the Directorate of Insurance, Maharashtra) so as to provide adequate insurance cover for execution of the awarded contract work for total contract value and till the completion and defect liability period of the contract compulsorily from the “Directorate of Insurance, Maharashtra State, Mumbai” only. Its postal address for correspondence is “264, NPB, I st floor, Opp. Kalanagar, Bandra (East), Mumbai-400 051 (Tele. Nos. 26591782 / 26592461 and Fax No.26590403). Similarly, all workmen’s appointed to complete the contract work are required to insure under workmen’s compensation Insurance policy. Insurance policy / Policies taken out from any other company will not be accepted. If any contractor has affected insurance with any Insurance Company, the same will not be accepted and the amount of premium calculated by the Directorate of Insurance will be recovered directly from the amount payable to the contractor for the executed contract work. 12. Contractor should quote his offer considering Central Excise Duty. 13. Escalation or price variation will not be paid in any case, subject to the Government direction if any. 14. Mobilization advance shall only be paid if it is found necessary & the decision of Chief Officer will be final. 15. No alternation in the form of tender, schedule of quantities, units, specifications and in the shape of special stipulations will be permitted. Tender of the Contractor/s quoting the rates for units other than specified in the tender will not be considered. 16. The Competent Authority shall be entitled to reject complete tender and forfeit the earnest money paid by the Contractor/s if they fail to produce the required documents within stipulated period. 17. The Income Tax in force from time to time or at the rate as intimated by competent authority of income tax department shall be deducted from bill amount whether, a measured bill, Surcharge and Education Cess Over and above on Income Tax as per rate in force shall be levied. 18. The tendered rates shall be inclusive of all taxes rates and cesses and shall be inclusive of service tax and tax livable in respect of work contract under the provision of the Maharashtra Sales Tax on Transfer of Property in goods involved in execution of works Contract (TDS) Maharashtra tax laws (Act No. XVII of 1999) (Levy Amendment & Validation Act 1999) Maharashtra Value Added Tax (MVAT) etc. The lowest tenders shall have to make his own arrangement for electric supply for this work. 19. Under VAT the TDS to be deducted at 2% or as per prevailing rates from the bill. The rate shall be subject to Government’s directions as those shall be issued from time to time. A. While submitting e-tender, the tender/s shall take into consideration that, All taxes B. As per Govt. G. R. of Maharashtra Revenue & Forest Deptt’s notification No. , royalty is included in the respective all items and of supply of natural minerals i.e. Rubble, Metal, Sand, Murum etc. in the tender rates, Contractor will have to produce documentary evidence to the NPB, as regards payment made by the contractor to Revenue Department towards royalty charges. If such documentary evidence is not produced, the component of royalty charges as contemplated in the tender item will be deducted through running payments. 20. The lowest tenderer shall be equally responsible for executing / completing the work as per specification and if any decision of consumer/any Hon. Court is received regarding quality of work then the judicial decision will be binding on the Contractor for rectification. 21. NPB reserves the right to verify financial transaction of Contractor in his Bank/Financial Institution. Contractor should give authority to that effect along with his accounts numbers & Bank/Financial Institutions name & address. Any changes/ modification may be communicated to NPB immediately. 22. The Cess @1 % charges Gross Construction cost will be deducted from all running/final bill as per provision of Road & Drain & other Construction Works Cess Rule 1998 framed by Central Government.
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7 23. SECURITY DEPOSIT i. The amount of initial security deposit will be A) 2% of tender amount Security Deposit in cash or in the form of Term Deposit Receipt / Fixed Deposit Receipt from Nationalized/Scheduled Bank approved by Barshi-Takli Nagar Panchayat at the time of the Agreement , remaining 8% of Security Deposit will be deducted from the RA bills.
if Tender Quote in the Range upto to above/below 10% or if he quote more than below/above 10% then Security Deposit will increases equal to be Above/ below Quote value
ii In addition the contractor will have to produce a Surety Bond on the stamp paper of appropriate denomination of equivalent to the Security Deposit with solvency certificate of the surety in whose favor you will produce Surety Bond. ii The Payment to contractor about the work & about the security deposit shall applicable as per provision in Maharashtra Municipal Account Code, 2013.
24. Defect Liability Period Defect liability period shall be 5 year from the date of completion. However amount of the security deposit shall be retained for the period of defect liability. Watch and Ward charges shall be borne by the contractor for initial period of one year after physical completion of the work and shall be payable by the for the period beyond one year after physical completion of the work and for such period for which the contractor shall be asked to provide watch and ward and shall be paid at the rates approved Nagar Panchayat, Barshitakli . 25. The Successful bidder who’s Bid is accepted, Tender Copy must be downloaded & do the signature & Seal on each page submitted to NPB before agreement 26. Revised DPR may Change the rate or quantity, will binding on the contractor. After approval of revised DPR from the Govt. payment of revised items will be paid to the Contractor 27. Third Party / Technical audit should be taken from the agency appointed or approved By Nagar Panchayat Barshi-Takli. 28. The contractor/s whose tender is accepted shall be required to furnish a Surety Bond of an amount equivalent to the Security Deposit required as per stipulations of tender on regular stamp paper of Rs.100/- (Rupees one hundred only). The contractors tendering for the work is/are required to take this fact into consideration while tendering. 29. The minimum condition for financial & technical criteria must be fulfill as per Following condition
30.1 A Eligibility Criteria for Financial Capability The Bidding Company in following categories should meet the eligibility criteria for financial capability specified below. i) A proprietary firm ii) A registered partnership firm Net Capital Balances during last three financial years should not be less Rs. 50 lacs. The Net Capital Balances should be certified by the Chartered Accountant. iii) A company, which is a registered corporate entity under the Company Act, 1956. Net Capital Balances during last three financial years should not be less Rs. 50 lacs. The Net Capital Balances should be certified by the Chartered Accountant.
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8 30.2 Eligibility Criteria for Technical Experience (Technical Condition) A) The Bidding Company should demonstrate having successfully completed construction Single or Different Road & Drain of Value Rs Tender Value in three financial years. Or appropriate class registered contractor by PWD of appropriate. (At least 100% value of the tender cost) 30.3 Post Qualification Bidders satisfying the above criteria shall be declared as post qualified and considered for the financial bidding.
30.4 Sub Contracting: I. Proposals for subcontracting components of the works of roads, Drainage and for each work the qualification and experience of the identified subcontractor in relevant field should be annexed.
II. The proposed methodology and program of construction, backed with equipment planning and deployment, duly supported with broad calculations and quality control procedures proposed to be adopted, justifying their capability of execution and completion of the work as per technical specifications within the stipulated period of completion as per milestones.
30.5 ‘Bids from Joint ventures are not acceptable’ Bids from joint ventures are not acceptable,
30.6 The Contractor or his identified subcontractor should have executed similar type of works totalling to Rupees as described in following table in any one year of last three financial years.
30.7 B. Each bidder should further demonstrate: (a) Availability (either owned or by procurement against mobilization / equipment advances) of the following key and critical equipment for this work: - Mechanical Breaker - Safety Apparatus during Execution - required steel formwork for load bearing work to complete the work within stipulated time limit. - Vibrator 30. The notice inviting tenderer including detailed tender notice shall form part of the agreement. 31. If there is any conflict between the terms and conditions of this contract and the provisions contained in The Maharashtra Nagar Panchayat s, Nagar Panchayats & Industrial Township Act, 1965 and Maharashtra Municipal Account Code, Then the provisions in The Maharashtra Nagar Panchayats, Nagar Panchayats & Industrial Township Act, 1965 and Maharashtra Municipal Account Code shall prevail, unless specifically stipulated in tender document. 32. No compensation will be paid on the account of delay in land acquisition. 33. Last three year return of VAT/ income Tax Department or minimum last year. 34. All Work order & work Completion certificate of minimum 50 kw solar panel installation of last three Year or minimum last year for the above work.
Signature of Contractor Chief Officer Nagar Panchayat ,Barshitakli
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9 Instruction to the Tenderers for procedure of submission of tender. Contents of tenders should be prepared & submitted on NPB e-tendering Portal mentioned above in following manner & must upload below asked document’s scanned copies.
Online Envelope No.1 Online 1. Scanned copy of payment given by Bank for EMD and tender processing fee. 2. The certificates of satisfactory performance and registrations should be uploaded for online registration on website 3. Details of works in hand statement 1 to 6 4. Details of works completed attached are to 5. Details of Technical Personnel be uploaded. 6. List of machinery & plants 7. Details of Litigation. 8. Statement showing all works tendered for 9. The contractors should upload the scanned copy of Undertaking duly notarized stating that his/their firm is not blacklisted in NPB/Govt./Semi Govt. Institutions on self declaretion 10. Attested copy of Registration of Contractor in valid appropriate class with PWD, Govt. of Maharashtra. 11. Registration certificate under Companies Act, Partnership Act, Co-operative Act or any other relative Act, depending on nature of identity of the bidder 12. All Document is also submitted in hard Copy on date 10/09/2018 before Tender Opening date 13. Last three year return of income tax department /sales Tax department or minimum last year. 14. Other Necessary Work order & Completion certificate
Notes : Performa of statements Serial Nos. 1 to 7 are also provided along with main Tender Booklets. Tenderers are requested to fill online forms of statements & encrypt the data using valid Digital Signature certificate issued by any of Government of India approved Certifying Authority, in envelope 1 given. Online Main tender document mentioning the financial offer of the tenderer.
Note : It is compulsory to upload all Statement proforma, if tenderer will not able To upload This Statement NPB Is Kept the Right to Reject the Tender .
Envelope No. 2 Financial Offer
BOQ Document or financial offer must be submitted in this Envelope Upon preparation of Data in both the envelopes mentioned above, bidder need to generate HASH value of bid & same has to be signed using Digital Signature Certificate submit the HASH value on e-Tendering Portal. On prescribed date of Bid Submission, Contractor need to upload all the documents Uploaded during Bid Preparation & also re- encrypts data using Digital Signature Certificate
Procedure for Tender opening Tender will be opened online by competent authority on prescribed date given in Tender Schedule. Online EMD, scrutiny will be done first and uploaded documents by contractors will be opened against the tender requirements mentioned above. If contents are not as per requirements, online financial bid will not be opened
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10 METHODOLOGY OF E-TENDER SUBMISSION
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11
LIST OF DOCUMENTS TO BE SUBMITTED ALONG WITH THE BID AND METHODOLOGY OF BID SUBMISSION
The following documents should be submitted by the bidder along with sealed bid:
1. Attested eligible copy of valid registration certificate. 2. A. Attested legible copy of PAN CARD issued by Income Tax Department. 2 B. Attested legible copy of last 3 Year Income Tax Return or minimum last year. 3. Statement showing all works previously executed in the last five year. (Pro forma given) 4. Statement showing details of technical personnel available with bidder for the work for which the bid is submitted, ( pro forma given) 5. Statement showing machinery available with the Bidder which will be used at the work (Pro forma given) Statement-IV Where the machinery is not owned by the bidder he should attach a letter of the Owner to place the machinery at the disposal of the bidder. 6. Statement showing information on Litigation history in which bidder is involved. (Proforma given) Statement -V 7. Statement showing all works tendered for - (Pro forma given) Statement-VI 8. Earnest Money receipt in the prescribed forms. 9. Forwarding letter along with list of all documents, forms statements conditions etc. 10. The Successful Tenderer (bidder whose Bid Is accepted) Tender Copy must be downloaded & Duly Sign & Seal On Each Page submitted to NPB Before agreement.
Evidence of access to financial resources along with name, address, telephone no's, fax no's of the bidders banker along with name of contact person from the bank.
11. Sales TAX Registration & Return of Last three YEAR or minimum last year. 12. Work Order &Completion Certificate of Work
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12 GUIDELINES TO CONTRACTORS ON THE OPERATIONS OF ELECTRONIC TENDERING SYSTEM.
Pre-Requisites to Participate in the Tenders Processed By MKVDC Registration of Contractors on Electronic Tendering System and Empanelment on Sub – Portal of Udd:
The Contractors already registered in Public Works Department of GoM and interested in participating in the e-Tendering process of Nagar Panchayat ,Barshitakli shall be required to enroll on the Electronic Tendering System to obtain User ID.
After submission of application for enrolment on the System, the application information shall be verified by the Authorized Representative of the Service Provider. If the information is found to be complete, the enrolment submitted by the Contractor shall be approved and the User ID of the Contractor will be activated The Contractors will have to apply for his empanelment in appropriate class on the Sub – Portal by uploading a scanned copy of Registration Certificate issued by Public Works Department of GOM. This is required to store Contractors registration details in the System. In case the Contractor upgrades his / her registration in Public Works Department of GOM, the Contractor is required to immediately upload the scanned copy of the upgraded Registration Certificate. e-Tendering Portal with request for up gradation. Whether in case of fresh empanelment or up gradation of existing empanelment, the Contractors are also required to intimate the Competent Authority by email on email address with the subject line request for empanelment / request for up gradation of Empanelment along with the scanned copy of the Registration Certificate. It may take up to a maximum of seven (7) working days for approval of empanelment / up gradation of empanelment. The Contractors may obtain the necessary information on the process of enrolment and empanelment either from Helpdesk Support Team or may visit the information published under the link Enroll under the section E-Tendering Toolkit for Bidders on the Home Page of the Electronic Tendering System.
OBTAINING A DIGITAL CERTIFICATE
The Bid Data that is prepared online is required to be encrypted and the hash value of the Bid Data is required to be signed electronically using a Digital Certificate. This is required to maintain the security of the Bid Data and also to establish the authenticity of submission of data by Authorized Representative of the Contractors a scatting on the System. The Digital Certificates are issued by an approved Certifying Authority authorized by the Controller of Certifying Authorities of Government of India through their Authorized Representatives upon receipt of documents required to obtain a Digital Certificate. Bid data / information for a particular Tender may be submitted only using the Digital Certificate which is used to encrypt the data /information and sign the hash value during the Bid Preparation and Hash Submission stage. In case, during the process of preparing and submitting a Bid for a particular Tender, the Contractor loses his / her Digital Signature Certificate (i.e. due to virus attack, hardware problem, operating system problem); he / she may not be able to submit the Bid online. Hence, the Users are advised to store his / her Digital Certificate securely and if possible, keep a backup at safe place under adequate security to be used in case of need. In case of online tendering, if the Digital Certificate issued to an Authorized User of a Partnership Firm is used for signing and submitting a bid, it will be considered equivalent to a no objection certificate / power of attorney to that User to submit the bid on behalf of the Partnership Firm. The Partnership Firm has to authorize a specific individual via an authorization certificate signed by a partner of the firm (and in case the applicant is a partner, another partner in the same form is required to authorize) to use the digital certificate as per Indian Information Technology Act, 2000 . Unless the Digital Certificate is revoked, it will be assumed to represent adequate authority of the Authority User to bid on behalf of the Firm for the Tenders processed on the Electronic Tender Management System of Government of Maharashtra as per Indian Information Technology Act, 2000 . The Digital Signature of this Authorized User will be binding on the Firm. It shall be the responsibility of Partners of the Firm to inform the Certifying Authority or Sub Certifying Authority, if the Authorized User changes, and apply for a fresh Digital Signature Certificate. The procedure for application of a Digital Signature
Certificate will remain the same for the new Authorized User. The same procedure holds true for the
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13 Authorized Users in a Private /Public Limited Company. In this case, the Authorization Certificate will have to be signed by the Director of the Company or the Reporting Authority of the Applicant. For information on the process of application for obtaining Digital Certificate, the Contractors may visit the section Digital Certificate on the Home Page of the Electronic Tendering System.
RECOMMENDED HARDWARE AND INTERNET CONNECTIVITY: To operate on the Electronic Tendering System, the Contractors are recommended to use Computer System with at least 1 GB of RAM and broadband connectivity with minimum 512 kbps bandwidth. However, Computer Systems with latest i3 / i5 Intel Processors and 3G connection is recommended for better performance.
SET UP OF COMPUTER SYSTEM FOR EXECUTING THE OPERATIONS ON THE ELECTRONIC TENDERING SYSTEM: To operate on the Electronic Tendering System of Government of Maharashtra, the Computer System of the Contractors is required be set up. The Contractors are required to install Utilities available under the section Mandatory Installation Components on the Home Page of the System. The Utilities are available for download freely from the above mentioned section. The Contractors are requested to refer to the E-Tendering Toolkit for Bidders available online on the Home Page to understand the process of setting up the System, or alternatively, contact the Helpdesk Support Team on information / guidance on the process of setting up the System.
STEPS TO BE FOLLOWED BY CONTRACTORS TO PARTICIPATE IN THE E-TENDERS PREPARATION OF ONLINE BRIEFCASE: All Contractors enrolled on the Electronic Tendering System of Government of Maharashtra are provided with dedicated brief case facility to store documents / files in digital format. The Contractors can use the online briefcase to store their scanned copies of frequently used documents / files to be submitted as a part of their bid response. The Contractors are advised to store the relevant documents such as Registration Certificate of Public Works Department of GoM, PAN Card, VAT Registration Certificate, Professional Tax Registration Certificate, EPF Registration Certificate, Certificates of Works completed, ownership of Plant and Equipment, etc. in the briefcase so as to avoid scanning /uploading process for each Tender. In case, the Contractors have multiple documents under the same type (e.g. multiple Work Completion Certificates) as mentioned above, the Contractors are advised to either create a single pdf file of all the documents of same type or compress the documents in a single compressed file in .zip or .rar formats and upload the same. It is mandatory to upload the documents using the briefcase facility only. Therefore, the Contractors are advised to keep the documents ready in the briefcase to ensure timely bid preparation. Note :- Uploading of documents in the briefcase does not mean that the documents are available to NPB at the time of Tender Opening stage unless the documents are specifically attached to the bid during the online Bid Preparation and Hash Submission stage as well as during Decryption and Re-encryption stage. The documents are in the custody of the Contractor only.
ONLINE VIEWING OF DETAILED NOTICE INVITING TENDERS: The Contractors can view free of charge the Detailed Tender Notice along with the Time Schedule (Key Dates) for all the Live Tenders released by NPB on the home page of MHADA E-Tendering Portal on under the section http://www.mahatenders.gov.in Recent Online Tender .
DOWNLOAD OF TENDER DOCUMENTS: The Main Bidding Documents are available for free downloading only to the eligible Contractors registered in appropriate class of PWD of GoM and empanelled on e-Tendering Portal.
ONLINE BID PREPARATION AND SUBMISSION OF BID HASH (SEAL) OF BIDS Submission of Bids will be preceded by online bid preparation and submission of the digitally signed Bid Hashes (Seals) within the Tender Time Schedule (Key Dates) published in the Detailed Notice Inviting Tender. The Bid Data is to be prepared in the formats provided by the Tendering Authority of MKVDC. In the upload able document type of formats, the Contractors are required to select the relevant document / compressed file (containing multiple documents) already uploaded in the briefcase. Contractor shall submit his financial offer in online bid form, made available to him. In this form he is supposed to fill following fields. Date of bidding, Contractors offer in figure percentage with respect to cost put to tender. (System will
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14 generate offer in wards)· Deviation + / - (above / below). If contractors offer is above cost put to tender he shall enter + and if his offer is below he shall enter. Tendered amount shall be calculated by system. NOTES : a. The Contractors upload a single document or a compressed file containing multiple documents against each up loadable option. b. The Hashes are the thumbprint of electronic data and are based on one way algorithm. The Hashes establish the unique identity of Bid Data. c. The bid hash values are digitally signed using valid Digital Certificate issued any Certifying Authority. The Contractors are required to obtain Digital Certificate in advance. d. After the hash value of bid data is generated, the Contractors cannot make any change / addition in its bid data. e. This stage will be applicable during both, Pre-bid / Pre-qualification and Financial Bidding Processes.
CLOSE FOR BIDDING (GENERATION OF SUPER HASH VALUES) After the expiry of the cut – off time of Bid Preparation and Hash Submission stage to be completed by the Contractors has lapsed, the Tender will be closed by the Tender Authority. The Tender Authority from NPB shall generate and digitally sign the Super Hash values (Seals). This stage will be applicable during both, Pre-bid / Pre-qualification and Financial Bidding Processes.
DECRYPTION AND RE-ENCRYPTION OF BIDS (SUBMITTING THE BIDS ONLINE): a. Main Tender Process: Provider, the Contractors are required to upload scanned copy of separate challans in support of payment of the Processing Fees for financial bid evaluation and Earnest Money Deposit (EMD) deposited in the account of Chief Officer as per the details provided in Section e Contractors are required to decrypt their bid data using their Digital Certificate and immediately re-encrypt their bid data using the Public Key of the Tendering Authority of the NPB. The Public Key of the Tendering Authority is attached to the Tender during the Close for Bidding stage. The details of the Earnest Money Deposit and Processing Fees shall be verified and matched during the Main Tender Opening event. The Contractors are required to decrypt their bid data using their Digital Certificate and immediately re-encrypt their bid data using the Public Key of the Tendering Authority of the NPB. The Public Key of the Tendering Authority is attached to the Tender during the Close for bidding stage. The details of the Earnest Money Deposit and Processing Fees shall be verified and matched during the Main Tender Opening event. The Contractors are required to decrypt their bid data using their Digital Certificate and immediately re-encrypt their bid data using the Public Key of the Tendering Authority of the NPB. The Public Key of the Tendering Authority is attached to the Tender during the Close for bidding stage. Note: At this time, the Contractors are also required to upload the files for which they have already generated the Hash values during the Bid Preparation and Hash Submission stage. The Bid Data and Documents of only those Contractors who have submitted their Bid Hashes (Seals) within the stipulated time (as per the Tender Time Schedule), will be available for decryption and re-encryption and to upload the relevant documents from Briefcase. A Contractor who has not completed his Bid Preparation and Hash Submission stage within the stipulated time will not be allowed to decrypt / re- encrypt the Bid data / submit documents. This stage will be applicable during both, Pre-bid / Pre- qualification and Financial Bidding Processes within the stipulated time will not be allowed to decrypt / re- encrypt the Bid data / submit documents. This stage will be applicable during both, Pre-bid / Pre- qualification and Financial Bidding Processes.
SHORTLISTING OF CONTRACTORS FOR FINANCIAL BIDDING PROCESS The Tendering Authority will first open the Bid Capacity / Prequalification document and after scrutinizing these documents will shortlist the Contractors who are eligible for Financial / Main Bidding Process. The shortlisted Contractors will be intimated by email.
OPENING OF THE FINANCIAL BIDS The Contractors may remain present in the Office of the Tender Opening Authority at the time of opening of Financial Bids. However, the results of the Financial Bids of all Contractors shall be available on the e-
Contractor No of Correction Chief Officer,
15 Tendering Portal immediately after the completion of opening process.
TENDER SCHEDULE (KEY DATES) The Contractors are strictly advised to follow the Dates and Times allocated to each stage under the column “Vender Stage” as indicated in the Time Schedule in the Detailed Tender Notice for the Tender. All the online activities are time tracked and the Electronic Tendering System enforces time-locks that ensure that no activity or transaction can take place outside the Start and End Dates and Time of the stage as defined in the Tender Time Schedule. At the sole discretion of the Tender Authority, the time schedule of the Tender stages may be extended.
Contractor No of Correction Chief Officer,
16 STATEMENT – I STATEMENT SHOWING ALL WORKS PREVIOUSLY EXECUTED
Name of Bidder: (IN LAST 5 YEARS)
Sr. Name of Work Department/Organization Value of the total Specified period of completion and actual REMARKS No. which awarded the work work done period required for completion (Bidder to indicate ______any recognition for completion works Specified / Actual carry or fines, penalties for delays and reasons for delays) 1 2 3 4 5(a) 5(b) 6
CONTRACTOR
Contractor No of Correction Chief Officer 17
STATEMENT – II STATEMENT SHOWING ALL WORKS IN HAND ON THE DATE OF SUBMISSION OF TENDER
Name of Bidder :
REMARKS (I)Original date of completion (Bidder to indicate any Department/ Value of residual Value of the (II) Extension granted if any recognition for Sr. Organization work remaining to Name of Work total work (at (III) Probable date of completion works carry No. which awarded be completed on Bidder’s rates) completion or fines, penalties for the work date of bidding (IV) Penalties levied if any delays and reasons for delays) 1 2 3 4 5 6 7
CONTRACTOR
Contractor No of Correction Chief Officer 18
STATEMENT – III STATEMENT SHOWING THE DETAILS OF TECHNICAL PERSONNEL AVAILABLE WITH THE BIDDER FOR THE BID WORK Name of Bidder :
Sr. Details of length of Name of Technical Persons Qualifications Previous Experience REMARKS No. services with bidder 1 2 3 4 5 6
CONTRACTOR
Contractor No of Correction Chief Officer 19
STATEMENT – IV LIST OF MACHINERY AVAILABLE WITH THE BIDDER AND WHICH WILL BE USED ON THIS WORK
Name of Bidder :
Present location No., of units Present Whether with name & (Give condition of machinery is Ownership address of Sr. Name of Registration Kind of Age of Machinery hypothecated to of the Capacity organization REMARKS No. Equipment Nos. of make Machinery (Running/ any division, machinery where machinery vehicles, out of bank or other is Under use at rollers etc.) order) institution etc. present 1 2 3 4 5 6 7 8 9 10 11
CONTRACTOR
Contractor No of Correction Chief Officer 20
STATEMENT – V STATEMENT SHOWING INFORMATION ON LITIGATION HISTORY IN WHICH BIDDER IS INVOLVED
Name of Bidder :
Sr. Other Party (es) Employer Cause of dispute Amount involved REMARKS No. Showing Present position 1 2 3 4 5 6
CONTRACTOR
Contractor No of Correction Chief Officer 21
STATEMENT – VI STATEMENT SHOWING ALL WORKS TENDERED FOR
Name of Bidder :
Value of the total work Probable date of REMARKS Sr. Department/Organization Position of (Indicate your view in Name of Work Commencement Completion No. awarded the work Per Tender Per Quotation Quotation the tender submitted by of work of work you for) 1 2 3 4 5 6 7 8 9
CONTRACTOR
Contractor No of Correction Chief Officer 22
STATEMENT – VII ANNEXURE A - : FINANCIAL ELIGIBILITY (FOR BIDDERS – PROPRIETARY FIRM, REGISTERED PARTNARSHIP FIRM) FINANCIAL STATEMENT
Name of the bidding company______Summary of Assets & Liabilities on the basis of the audited financial statement of the last three financial years. (Attach copies of the audited financial statements of the last three financial years) (Rs. In Crore)
Sr.No Items Year Year Year
A) Authorized capital B) Issued capital C) Paid up Capital/Partners / Proprietor Capital D) Reserves & Surplus. E) Long term liabilities. F) Current liabilities & provisions. G) TOTAL (C+D+E+F) H) Net Tangible Fixed Assets. I) Intangible Assets. J) Long term investment K) Current Assets, loans & Advances. L) TOTAL (H+I+J+K) Quick Assets i.e. cash & equivalent, short term investment & current M) receivables. N) Net profit after interest and depreciation O) Net Capital Balance (C+D_I) Turn over in terms of value of Civil Engineering works executed during P) each Years as reflected in Time Profit & loss Account. RATIOS: i) Net worth to long term liability (O:E) ii) Current Ratio (K:F) iii) Quick Ratio (M:F) iv) % of net profit to capital invested i.e. (N x IOO)/(C+D) 4) Net Profit before Tax. a) Current period b) During the last financial year. c) During each of the Three previous Financial years 5) NET CASH ACCRUALS (PAT + DEPRECIATION)
Certified that the facts and figures given above have been verified from the audited balance sheet the end of the respective year and the profit and loss accounts for the respective year, are true to the best of our knowledge and belief.
Date Seal & Signature of the Chartered Accountant.
Contractor No of Correction Chief Officer 23
Contractor No of Correction Chief Officer 24
Name of Work: PROVIDING OFF GRID SOLAR POWER PACK TO NEWLY CONSTRUCTED ADMINITRATIVE BUILDING AT NAGAR PANCHAYAT BARSHITAKALI.DIST.AKOLA UNDERTAKING – (1)
I/we have gone though the procedure of submitting tender in the two envelope system and I/we am/are fully conversant with the details of procedure to be followed in the system. I will submit tender properly after reading all the relevant details.
Signature
Date Name of Contractor
Contractor No of Correction Chief Officer 25
Name of Work: PROVIDING OFF GRID SOLAR POWER PACK TO NEWLY CONSTRUCTED ADMINITRATIVE BUILDING AT NAGAR PANCHAYAT BARSHITAKALI.DIST.AKOLA
DECLARATION OF THE CONTRACTOR
I/ We hereby declare that I/We am/ are myself/ ourselves thoroughly conversant with the local conditions regarding all materials and labors on which I/ We have based My/Our rates of this tender. The specifications and leads on this work have been carefully studied and understood before submitting this tender. I/ We undertake to use only the best materials approved by Chief Officer or his fully authorized assistant during execution of the work and abide by the decision.
Signature
Date Name of Contractor
Contractor No of Correction Chief Officer 26
CONDITION OF CONTRACT
Contractor No of Correction Chief Officer 27 CONDITION OF CONTRACT
A. GENERAL
1. Definitions Terms , which are defined in the Contract Data, are not also defined in the Conditions of Contract but keep their defined meanings. Capital initials are used to identify defined terms.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
Chief Officer means the Chief Officer of Nagar Panchayat ,Barshitakli .
Events for Extension are those defined in Clause 6 hereunder.
The Contract is the contract between the Employer and the Contractor to execute, complete and maintain the Works. It consists of the documents listed in Clause 2.3 below.
The Contract Data defines the documents and other information, which comprise the Contract.
The Contractor is a person or corporate body whose Bid is to carry out the works has been accepted by the Employer.
The Contractor's Bid is the completed Bidding document submitted by the Contractor to the Employer.
The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract.
The date of virtual Completion Date is the date of completion of the works as certified by the Chief Officer in accordance with Sub Clause 55.1.
Days are calendar days; months are calendar months.
A Defect is any part of the work not completed in accordance with the Contract.
The Defects Liability Period is the period named in the Contract Data and counted from the date of virtual completion.
The Employer is the party who will employ the Contractor to carry out the Works.
The Engineer is the person named in the Contract Data (or any other competent person appointed and notified by NPB to the contractor to act in replacement of the Engineer) who is responsible for supervising the Contract, administering the Contract, certifying payments due to the Contractor, issuing and valuing Variations to the Contract, awarding extensions of time, and valuing the Compensation Events.
Equipment is the Contractor's machinery and vehicles brought temporarily to the site to construct the works.
The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall complete the works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may be revised only by the Tender Sanctioning authority on the application of the contractor by issuing an extension of time.
Materials are all supplies, including consumables, used by the contractor for in Council in the Works.
NPB :- Nagar Panchayat Barshi-Takli
PMC _ PMC is the Project Management Consultant appointed by NPB – ......
Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or chemical or biological function.
Contractor No of Correction Chief Officer 28
The Site is the area defined as such in the Contract Data.
Site Investigation Reports are those which were included in the Bidding documents and are factual interpretative reports about the surface and subsurface conditions at the site.
Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Engineer.
The Start Date is given in the Contract Data. It is the date when the Contractor shall commence execution of the works. It does not necessarily coincide with any of the Site Possession Dates.
Temporary Works are works designed, constructed, installed, and removed by the Contractor, which are needed for construction or installation of the Works.
A Variation is an instruction given by the Engineer, which varies the Works.
The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as defined in the Contract Data.
2. Interpretation 2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Engineer will provide instructions clarifying queries about the Conditions of Contract.
2.2 If sectional (part) completion is specified in the Contract Data, references in the Conditions of Contract to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the works (other than references to the Completion Date and Intended Completion date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the following order of priority: 1) Agreement 2) Letter of Acceptance, notice to proceed with the works 3) Contractor's Bid 4) Contract Data 5) Conditions of Contract including Special Conditions of Contract 6) Specifications & additional specifications. 7) Drawings 8) Bill of quantities and 9) Any other document listed in the Contract Data as forming part of the Contract.
3. Language and Law The language of the Contract and the law governing the Contract are stated in the Contract Data.
4. Chief Officer’s Decisions Except where otherwise specifically stated the Chief Officer will decide in consultation with PMC contractual matters between the Employer and the Contractor in the role representing the Employer.
5. Delegation The Chief Officer may delegate any of his duties and responsibilities to other people except to the Adjudicator after notifying the Contractor and may cancel any delegation after notifying the Contractor.
6. Communications Communications between parties, which are referred to in the conditions are effective only when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act).
7. Subcontracting Deleted.
Contractor No of Correction Chief Officer 29 8. Other Contractors The Contractor shall cooperate and share the site with other contractors, public authorities, utilities, and the Employer between the dates given in the Schedule of Other Contractors. The Contractor shall as referred to, in the Contract Data, also provide facilities and services for them as described in the Schedule. The employer may modify the schedule of other contractors and shall notify the contractor of any such modification.
9. Personnel 9.1 Supervision and Superintendence Contractor's Supervision The Contractor shall supervise and direct the works efficiently and with his best skill and attention. He shall be solely responsible for means, methods, techniques, procedures and sequences of construction. The Contractor shall co-ordinate all parts of the work and shall be responsible to see that the finished work complies fully with the contract documents, and such instructions arid variation orders as the Engineer may issue during the progress of the works. 9.2 Declaration by the Contractor: I/we hereby declare that I /we have made myself/ourselves thoroughly conversant with requirements stated in 9.1 above and I / we agree that I/we will inform NPB about the bio data of the resident engineer before getting work order for the tendered work.
10. Employer's and Contractor's Risks The Employer carries the risks which this Contract states are Employer's risks, and the Contractor carries the risks which this Contract states are Contractor's risks.
11. Employer's Risks The Employer is responsible for the excepted risks which are a) in so far as they directly affect the execution of the works in the Employer's country, the risks of war, hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot commotion or disorder (unless restricted to the Contractor's employees), and contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive, or b) A cause due solely to the design of the works, other than the Contractor's design.
12. Contractor's Risks All risks of loss of or damage to physical property and of personal injury and death which arise during and in consequence of the performance of the Contract other than the excepted risks are the responsibility of the Contractor. 13. Insurance 13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the Contract Data for the following events which are due to the Contractor's risks: The insurance shall be from New India Assurance, National Insurance and Other Govt. undertakings and Govt. insurances companies. a) loss of or damage to the works, Plant, Materials and aluminium form work shuttering accepted and approved by NPB; b) Loss of or damage to Equipment; c) Loss of or damage of property (except the Works, Plant, Materials and Equipment) in connection with the Contract; and d) Personal injury or death. In general, the contractor has to provide insurance for all risk and personal injuries and deaths. In the condition of non submission of insurance documents 1% of the project cost will be deducted from all running bill. 13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for the Engineer's approval before the start date. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred. 13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may affect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due. 13.4 Alterations to the terms of insurance shall not be made without the approval of the Engineer. 13.5 Both parties shall comply with any conditions of the insurance policies.
14. Site Investigation Reports
Contractor No of Correction Chief Officer 30 The Contractor, in preparing the Bid, shall not rely on any site Investigation Reports referred to in the Contract Data, but the Bidder should investigate if required.
15. Queries about the Contract Data The Engineer will clarify queries on the Contract Data.
16. Contractor to Construct the Works The Contractor shall construct and install the works in accordance with the Specification and Drawings as instructed by Engineer in charge & PMC
17. The Works to Be Completed by the Intended Completion Date The Contractor may commence execution of the works on the start date and shall carry out the works in accordance with the program submitted by the Contractor, as updated with the approval of the Engineer, and complete them by the Intended Completion Date.
18. Approval by the Engineer 18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Engineer, who is to approve them if they comply with the Specifications and Drawings. 18.2 The Contractor shall be responsible for design of Temporary Works. 18.3 The Engineer's approval shall not alter the Contractor's responsibility for design of the Temporary Works. 18.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works where required. 18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent works, are subject to prior approval by the Engineer & PMC before their use. 18.6 The successful bidder shall submit the structural design of the project Road & Drain s within 15 days of award of contract. The design criterion shall be as described in additional general conditions and specifications.
19. Safety The Contractor shall be responsible for the safety of all activities on the Site.
20. Discoveries Anything of historical or other interest or of significant value unexpectedly discovered on the site is the property of the Employer. The Contractor is to notify the Engineer of such discoveries and carry out the Engineer's instructions for dealing with them.
21. Possession of the Site The possession of sites is given to the successful contractor / bidder only for the constructional activities. The contractor should not make any change without consulting and prior permission of the Engineer in charge. a) After Handover from Govt. b) After completion of MRTP – 37 by Govt. i.e. after zone change proposal from Govt. of Maharashtra.
22. Access to the Site The Contractor shall allow the Engineer and any person authorized by the Engineer access to the Site, to any place where work in connection with the Contract is being carried out or is intended to be carried out and to any place where materials or plant are being manufactured / fabricated / assembled for the works.
23. Instructions 23.1 The Contractor shall carry out all instructions of the Engineer, which comply with the applicable laws where the site is located.
23.2 The Contractor shall permit the Engineer to inspect the Contractor's accounts and records relating to the performance of the Contractor and to have them audited by auditors appointed by the Engineer, if so required by the Engineer.
24. Disputes If the Contractor believes that a decision taken by the Engineer was either outside the authority given to the Engineer by the Contract or that the decision was wrongly taken, the decision shall be referred to the Chief Officer, Nagar Panchayat ,Barshitakli , within 14 days of the notification of the Engineer's decision.
25. Procedure of Disputes: All disputes and differences of any kind whatever arising out of or in connection with the Contract or the carrying out of the work (whether during the progress of the works or after their completion and
Contractor No of Correction Chief Officer 31 whether before or after the determination, abandonment or breach of the contract) shall be referred to and settled by the Chief Officer, Nagar Panchayat ,Barshitakli.
26. Deleted
27. Program 27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer for approval a Program showing the general methods, arrangements, order and timing for all the activities in the works along with monthly cash flow forecast. The programme shall indicate and give details of physical and financial implication including men, materials and machinery requirements. In case the progress is less than the stipulated progress, contractor shall increase the resources i.e. machinery & labour to achieve the targeted progress at no extra cost. Bar Chart, Construction schedule programs should be submitted at the time of work order & strictly followed by contractor, if delay occurs as the part of contractor the compensation to be paid to the NPB & PMC as in proportion to expenditure. 27.2 An update of the Program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work including any changes to the sequence of the activities. 27.3 The Contractor shall submit to the Engineer, for approval, an updated Program at intervals no longer than the period stated in the Contract Data. If the Contractor does not submit an updated Program within this period, the Engineer may withhold the amount stated in the Contract Data from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue Program has been submitted. 27.4 The Engineer's approval of the Program shall not alter the Contractor's obligations. The Contractor may revise the Program and submit it to the Engineer again at any time. A revised Program is to show the effect of Variations and Compensation Events.
28. Extension of the Intended Completion Date 28.1 The Chief Officer shall extend the Intended Completion Date if such Event occurs or a variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work.
28.2 The Chief Officer shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of a Event or variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.
29. Authority for Extension The Chief Officer only on recommendation of tender sanctioning authority NPB shall extend the intended date of completion.
30. Delays Ordered by the Engineer The Engineer may instruct the Contractor to delay the start or progress of any activity within the Works.
31. Management Meetings 31.1 The Engineer, PMC & the Contractor require attending a management meeting in fifteen days. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure. 31.2 The Engineer shall record the business of management meetings and is to provide copies of his record to those attending the meeting and to the Employer. The responsibility of the parities for actions to be taken is to be decided by the Chief Officer either at the management meeting or after the management meeting and stated in writing to all who attended the meeting.
32. Early Warning 32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price or delay the execution of works. The Engineer may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate is to be provided by the Contractor as soon as reasonably possible. 32.2 The Contractor shall cooperate with the Engineer in making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any
Contractor No of Correction Chief Officer 32 resulting instruction of the Engineer.
C. QUALITY CONTROL
33. Identifying Defects The Engineer & PMC shall check the Contractor's work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor's responsibilities. The Engineer may instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer considers may have a Defect.
34. Tests 34.1 If the Engineer instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect the test shall be a Compensation Event.
34.2 The successful bidder will have to carry out the various tests on material and construction process as indicated in QAP (Quality Assurance Plan) issued by NPB.
35. Correction of Defects 35.1 The bidder should submit the maintenance manual to the employer before commencement of lump sum work of first Road & Drain for approval. After obtaining employers approval, during contract period and defect liability period the bidder has to follow the instructions given in approved maintenance manual. As per the opinion of PMC, the Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at date of virtual Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer's notice.
36. Uncorrected Defects If the Contractor has not corrected a Defect within the time specified in the Engineer's notice, the Engineer will assess the cost of having the Defect corrected, & the Contractor shall pay this amount, within 8 days after the last date stated in such notice or Nagar Panchayat may recover from balance amount if any from the same contract or any other contract in his name.
D. COST CONTROL
37. Bill of Quantities 37.1 The Bill of Quantities shall contain items for the construction, installation, testing, and commissioning work to be done by the Contractor. 37.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done at the rate in the Bill of Quantities and as per percentage breakdown schedule for each item respectively. 37.3 The contractor has to obtain electric connection from MSEDCL at his own cost. The contractor has to pay the energy bill and send the copy of the same to NPB. At the time of completion the contractor shall provide no dues certificate from MSEDCL . The BOQ is inclusive of energy cost and no extra payment shall be paid to the contractor. 37.4 The water will not be supplied by NPB. At the time of completion the contractor shall provide no dues certificate from NPB . The BOQ is inclusive of water charges and no extra payment shall be paid to the contractor. 37.5 NPB shall not permit labour camps on work site. The contractor has to provide the facility at his own cost with sanitation facility as per NBC and no extra payment shall be paid to the contractor. 37.6 The contractor in consultation with the engineer shall provide adequate security at the work site to protect any damage or loss to the material, plant, equipment, aluminum shuttering, supporting systems, construction carried out and no extra payment shall be paid to the contractor.
38. Variations All Variations shall be included in updated Programs produced by the Contractor.
40. Payments for Variations 40.1 The Contractor shall provide the Engineer with a quotation (with breakdown of unit rates of finished items) for carrying out the Variation when requested to do so by the Engineer. The Engineer shall assess the quotation, which shall be given within seven days of the request or within any longer period stated by the Engineer and before the Variation is ordered. 40.2 If the work in the Variation corresponds with an item description in the Bill of Quantities and if, in the opinion of
Contractor No of Correction Chief Officer 33 the Engineer, the quantity of work above the limit stated in Sub Clause 38.1 or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the Bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of work. 40.3 If the Contractor's quotation is unreasonable, the Engineer may order the Variation and make a change to the Contract Price which shall be based on Engineer's own forecast of the effects of the Variation on the Contractor's costs. 40.4 If the Engineer decides that the urgency of varying the work would prevent a quotation being given and considered without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event. 40.5 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning.
42. Payment Certificates 42.1 The Contractor shall submit to the Engineer through PMC monthly detail bill & statements of the estimated value of the work completed less the cumulative amount certified previously. 42.2 The Engineer shall check the Contractor's monthly detail bill & statement and within 15 days certify the amount to be paid to the Contractor after taking into account any credit or debit for the month. 42.3 The value of work executed shall be determined by the Engineer as forwarded by PMC.
42.4 The value of work executed shall comprise the value of the quantities of the items in the Bill of Quantities completed or as per percentage breakdown schedule. 42.5 The value of work executed shall include the valuation of Variations and Compensation Events. 42.6 The Engineer may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information.
43. Payments Payments shall be adjusted for deductions of taxes, retention, other recoveries in terms of the contract and taxes, at source, as applicable under the law as applicable on the date of billing. The amount may withhold or reduced from contractor payment by PMC or Engineer in charge as a penalty for not achieving the targets as specified time to time. The Employer shall pay the Contractor the amounts certified by the Engineer.
44. Events for Time Extension 44.1 The following are Events unless they are caused by the Contractor: a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data. b) The Employer modifies the schedule of other contractors in a way, which affects the work of the contractor under the contract. c) The Engineer I PMC order a delay d) The Engineer / PMC instruct the Contractor to uncover or to carry out additional tests upon work, which is then found to have no Defects. e) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site. f) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons g) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract. h) The effect on the Contractor of any of the Employer's Risks. i) Other Events listed in the Contract Data or mentioned in the Contract. 44.2 If a time extension event would cause additional time or would prevent the work being completed before the Intended Completion Date, the Intended Completion Date is extended. The Engineer with consultation of PMC shall decide whether and by how much the Contract period shall be increased and whether and by how much the Intended Completion Date shall be extended. 44.3 In case of any time extension, no price escalation will be allowed in any case, in any reason and at extension circumstances.
44.4 The Contractor shall not be entitled to time extension to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer/ PMC.
Contractor No of Correction Chief Officer 34 45. Tax The rates quoted by the Contractor shall be deemed to be inclusive of the sales tax, VAT, Service Tax and other taxes as applicable on the date of running bill or final bill that the Contractor will have to pay for the performance of this Contract. The Employer will perform such duties in regard to the deduction of such taxes at source as per applicable law.
46. Currencies All payments shall be made in Indian Rupees.
47. Price Adjustment No price adjustment will be made at any stage of the contract.
48. Retention 48.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the Contract Data until Completion of the whole of the Works. 48.2 On Completion of the whole of the Works, amount retained is not repaid to the Contractor and total amount is released when the Defects Liability Period has passed and the PMC & Engineer has certified that all Defects notified by the Engineer to the Contractor before the end of this period have been corrected.
49. Liquidated Damages 49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract Data for each day that the Completion Date is later than the Intended Completion Date (for the whole of the works or the milestone as stated in the contract data). The total amount of liquidated damages shall not exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages does not affect the Contractor's liabilities. 49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate.
50. Interest No interest shall be payable on the amount refundable towards excess recovery of liquidated damages.
51 Completion Drawing The date by which "as built" drawings (in scale I in 1 00) in 2 sets are required is within 28 days of issue of certificate of completion of whole or section of the work, as the case may be. The date by which maintenance manual in 2 sets is required within 28 days of issue of part completion to 1st Road & Drain (Road & Drain wise completion of 1st Road & Drain ) [58] The amount to be withheld for failing to supply "as built" drawings [58] by the date required is Rs. 2,00,000/_
The amount to be with held for failing to supply operation and maintenance Manual by the date required is Rs. 2, 00,000/_
52. Securities The Performance Security (including additional security for unbalanced bids) shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount and form and by a bank or surety acceptable to the Employer, and denominated in Indian Rupees. The Performance Security shall be valid until a date 28 days from the date of expiry of Defects Liability Period and the additional security for unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate of completion.
53. Recovery of Securities 10% total security shall be kept with Employer. The retention will be 8% of gross amount of each R.A. Bills and 2% of Contract Price to be deposited by the successful Bidder upon receiving Letter of Acceptance from the Employer before agreement. The 1% of Earnest money of the successful bidder may also be converted as security amount if demanded by contractor
54. Cost of Repairs Loss, repairs or damage to the works or Materials to be incorporated in the works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the loss or
Contractor No of Correction Chief Officer 35 damage arises from the Contractor's acts or omissions.
E. Finishing the Contract
55. Virtual Completion 55.1 The Contractor shall request the Engineer to issue a final Certificate of virtual Completion of the entire project works and the Engineer will do so upon deciding that the entire project work is completed after considering the Road & Drain wise completion certificate issued from time to time during contract period. 55.2 Part completion Road & Drain wise: The Engineer / PMC will issue Road & Drain wise completion certificate which will accommodate beneficiaries. However this does not mean virtual completion. To calculate the end of defect liability period the date of virtual completion is the start date of defect liability period.
56. Taking Over The Employer shall take over the Site and the Works before completion of defect liability period of the PMC & Engineer issuing a certificate of Completion.
57. Final Account The Contractor shall supply to the Engineer & PMC a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The PMC will address to Engineer his opinion about completion certificate, Engineer shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor within 56 days of receiving the Contractor's account if it is correct and complete. If it is not, the PMC & Engineer shall issue within 56 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the PMC & Engineer shall decide on the amount payable to the Contractor and issue a payment certificate, within 56 days of receiving the Contractor's revised account.
58. Operating and Maintenance Manuals 58.1 "As built" Drawings and Operating and Maintenance manuals are required to be supplied by the Contractor by the dates stated in the Contract Data. 58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract Data, or they do not receive the Engineer's approval, the Engineer shall withhold the amount stated in the Contract Data from payments due to the Contractor.
59. Termination 59.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. 59.2 Fundamental breaches of Contract include, but shall not be limited to the following: a) The Contractor stops work for 28 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Engineer / PMC; b) The Engineer / PMC instruct the Contractor to delay the progress of the Works and the instruction is not withdrawn within 28 days; c) The Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation; d) the Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Engineer /PMC; e) the Contractor does not maintain a security which is required; f) the Contractor has delayed the completion of works by the number of days for which the maximum amount of liquidated damages can be paid as defined in the Contract data; and g) if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing for or in the executing the Contract. h) for the purpose of this paragraph: "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. "Fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Borrower, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Borrower of the benefits of free and open competition." i) The contractor not attended management meeting or not followed decision in management meetings. ii) The contractor not following instruction at site by PMC or Engineer incharge.
59.3 When either party to the Contract gives notice of a breach of contract to the Engineer /PMC for a cause
Contractor No of Correction Chief Officer 36 other than those listed under Sub Clause 59.2 above, the Engineer/PMC shall decide whether the breach is fundamental or not. 59.4 Not withstanding the above, the Employer may terminate the Contract for convenience. 59.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure and leave the Site as soon as reasonably possible.
60. Payment upon Termination
60.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer shall issue a certificate for the value of the work up to the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to the work not completed as indicated in the Contract Data. Additional Liquidated Damages apply as decided by PMC & Engineer. If the total amount due to the Employer exceeds any payment due to the Contractor the difference shall be a debt payable to the Employer. 60.2 If the Contract is terminate at the Employer's convenience or because of a fundamental breach of Contract by the Employer, the Engineer shall issue a certificate for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely on the works, and the Contractor's costs of protecting and securing the works valid up to the date of the certificate, less other recoveries due in terms of the contract and less taxes due to be deducted at source as per applicable law.
61. Property All materials on the Site, Plant, Equipment, Temporary Works Transit camp structures, and formwork for slabs, load bearing walls and aluminum supporting systems and works are deemed to be the property of the Employer, if the Contract is terminated because of a Contractor's default or any.
62. Release from Performance If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor the Engineer shall certify that the Contract has been frustrated. The Contractor shall make the site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which commitment was made.
Contractor No of Correction Chief Officer 37
F. SPECIAL CONDITIONS OF CONTRACT
1. LABOUR The successful tender will be required to produce to the satisfaction of the specified concerned authority, valid and concurrent license issued in his favour under the provisions of the Contract Labour (Regular and Abolition) Act, 1970, & insurance before starting the work. Failure to do so, acceptance of the tender shall be liable to be withdrawn and security deposit forfeited. The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport. The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such form and at such intervals as the Engineer may prescribe, showing the staff and the number's of the several classes of labour from time to time employed by the Contractor on the Site and such other information as the Engineer may require.
2. COMPLIANCE WITH LABOUR REGULATIONS: During continuance of the contract, the Contractor and his sub contractors shall abide at all times by all existing labour enactments and rules made there under, regulations, notifications and bye laws of the State or Central Government or local authority and any other labour law (including rules), regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or the Central Government or the local authority. Salient features of some of the major labour laws that are applicable to construction industry are given below. The Contractor shall keep the Employer indemnified in case any action is taken against the Employer by the competent authority on account of contravention of any of the provisions of any Act or rules made there under, regulations or notifications including amendments. If the Employer is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non observance of the provisions stipulated in the notifications / byelaws / Acts / Rules / regulations including amendments, if any, on the part of the Contractor, the Engineer/Employer shall have the right to deduct any money due to the Contractor including his amount of performance security. The Employer / Engineer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer. The employees of the Contractor and the Subcontractor in no case shall be treated as the employees of the Employer at any point of time.
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS ENGAGED IN ROAD & DRAIN AND OTHER CONSTRUCTION WORK. a) Workmen Compensation Act 1923:_ The Act provides for compensation In case of injury by accident arising out of and during the course of employment. b) Payment of Gratuity Act 1972:_ Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if an employee has completed 5 years service or more or on death the rate of 15 days wages for every completed year of service. The Act is applicable to all establishments employing 10 or more employees. c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for Monthly contributions by the employer plus workers @ 10% or 8.33%. The benefits payable under the Act are: i) Pension or family pension on retirement or death, as the case may be. ii) Deposit linked insurance on the death in harness of the worker. iii) Payment of P.F. accumulation on retirement/death etc. d) Maternity Benefit Act 1951:_ The Act provides for leave and some other benefits to women employees in case of confinement or miscarriage etc. e) Contract Labour (Regulation & Abolition) Act 1970:_ The Act provides for certain welfare measures to be provided by the Contractor to contract labour and in case the Contractor fails to provide, the same are required to be provided, by the Principal Employer by Law. The Principal Employer is required to take Certificate of Registration and the Contractor is required to take license from the designated Officer. The Act is applicable to the establishments or Contractor of Principal Employer if they employ 20 or more contract labour. f) Minimum Wages Act 1948:_ The Employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government as per provisions of the Act if the employment is a scheduled employment. Construction of Road & Drain s, Roads, and Runways are scheduled employments. g) Payment of Wages Act 1936:_ it lays down as to by what date the wages are to be paid, when it will be paid and what deductions can be made from the wages of the workers. h) Equal Remuneration Act 1979:_ The Act provides for payment of equal wages for work of equal nature to Male and Female workers and for not making discrimination against Female employees in the matters of transfers, training and promotions etc.
Contractor No of Correction Chief Officer 38 i) Payment of Bonus Act 1965:_ The Act is applicable to all establishments employing 20 or more employees. The Act provides for payments of annual bonus subject to a minimum of 8.33% of wages and maximum of 20% of wages to employees drawing Rs.3500/_per month or less. The bonus to be paid to employees getting Rs.2500/_ per month or above up to Rs.3500/_ per month shall be worked out by taking wages as Rs.2500/_per month only. The Act does not apply to certain establishments. The newly set-up establishments are exempted for five years in certain circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of this Act. j) Industrial Disputes Act 1947:_ The Act lays down the machinery and procedure for resolution of Industrial disputes, in what situations a strike or lockout becomes illegal and what are the requirements for laying off or retrenching the employees or closing down the establishment. k) Industrial Employment (Standing Orders) Act 1946:_ It is applicable to all Establishments employing 100 or more workmen (employment size reduced by some of the States and Central Government to 50). The Act provides for laying down rules governing the conditions of employment by the Employer on matters provided in the Act and gets the same certified by the designated Authority. I) Trade Unions Act 1926:_ The Act lays down the procedure for registration of trade unions of workmen and employers. The Trade Unions registered under the Act have been given certain immunities from civil and criminal liabilities. m) Child Labour (Prohibition & Regulation) Act 1986:_ The Act prohibits employment of children below 14 years of age in certain occupations and processes and provides for regulation of employment of children in all other occupations and processes. Employment of Child Labour is prohibited in Road & Drain and Construction Industry. n) Interstate Migrant workmen's (Regulation of Employment & Conditions of Service) ActI979:_ The Act is applicable to an establishment which employs 5 or more interstate migrant workmen through an intermediary (who has recruited workmen in one state for employment in the establishment situated in another state). The Interstate migrant workmen, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as housing, medical aid, travelling expenses from home up to the establishment and back, etc. 0) The Road & Drain and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and the Cess Act of 1996 :_ All the establishments who carry on any Road & Drain or other construction work and employs 10 or more workers are covered under this Act. All such establishments are required to pay cess at the rate not exceeding 2% of the cost of construction as may be modified by the Government. The Employer of the establishment is required to provide safety measures at the Road & Drain or construction work and other welfare measures, such as Canteens, First Aid facilities, Ambulance, Housing accommodations for workers near the work place etc. The Employer to whom the Act applies has to obtain a registration certificate from the Registering Officer appointed by the Government. p) Factories Act 1948:_ The Act lays down the procedure for approval at plans before setting up a factory, health and safety provisions, welfare provisions, working hours, annual earned leave and rendering information regarding accidents or dangerous occurrences to designated authorities. It is applicable to premises employing 10 persons or more with aid of power or 20 or more persons without the aid of power engaged in manufacturing process.
q) The Maharashtra Nagar Panchayat, Panchayat & Industrial Township Act 1966, The Municipal Account Code 1971, provision under above two Acts has to be followed by contractor.
3. SUB - CONTRACTING (GCC Clause 7) (Please add the following as Clause 7.2) The contractor shall not be required to obtain any consent from the employer for: a) The subcontracting of any part of the works for which the Subcontractor is named in the Contract. b) The provision of labour and c) The purchase of materials which are in accordance with the standards specified in the Contract. For the subcontract of any mentioned work in the contract data, the sole responsibility in all terms will be of contactor himself. Beyond this if the contractor proposes subcontracting any part of the work during execution of works, because of some unforeseen circumstances to enable him to complete the work as per terms of Contract; the Engineer will consider the following before according approval. The contractor shall not subcontract the whole of the works. The contractor shall not subcontract any part of the work without prior consent of the Engineer. Any such consent shall not relieve the contractor from any liability of obligations under the contract and he shall be responsible for the acts, defaults’ and neglects of any sub_ contractor, his agents or workmen as fully as if they were the acts, defaults or neglects of the contractor, his agents or workmen.
Contractor No of Correction Chief Officer 39 The Engineer should satisfy whether (a) the circumstances warrant such subcontracting; and (b) the subcontractors so proposed for the work possess the experience, qualifications and equipment necessary for the job proposed to be entrusted to them in proportion to the quantum of work to be subcontracted. If payments are proposed to be made directly to that subcontractor; this should be subject to specific authorization by the prime contractor so that this arrangement does not alter the contractor's liability or obligations under the contract.
4. PROTECTION OF ENVIRONMENT: (Add the following as GCC Clause 16.2) The Contractor shall take all reasonable steps to protect the environment on and off the site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation. During continuance of the Contract, the Contractor and his subcontractors shall abide at all times by all existing enactments on environmental protection and rules made there under, regulations, notifications and byelaws of the State or Central Government or local authorities and any other law, byelaw, regulations that may be passed or notification that may be issued in this respect in future by the State or Central Government or the local authority. Salient features of some of the major laws that are applicable are given below:
The Water (Prevention and Control of Pollution) Act, 1974, this provides for the prevention and control of water pollution and the maintaining and restoring of wholesomeness of water. "Pollution" means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.
The Air (Prevention and Control of Pollution Act, 1981, this provides for prevention, control and abatement of air pollution. "Air _Pollution" means the presence in the atmosphere of any "air pollutant", which means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.
The Environment (Protection) Act, 1986, this provides for the protection and improvement of environment and for matters connected therewith, and the prevention of hazards to human beings, other living creatures, plants and property. "Environment" includes water, air and land and the interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.
The Public Liability Insurance Act, 1991, This provides for public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling hazardous substances and for matters connected herewith or incidental thereto. Hazardous substance means any substance or preparation which is defined as hazardous substance under the Environmental (Protection) Act 1986, and exceeding such quantity as may be specified by notification by the Central Government.
No receipt for any payment alleged to have been made by a Contractor in regard to any matter relating to this tender or the contract shall be valid and binding on Council unless it is signed by the Chief Officer Nagar Panchayat ,Barshitakli or other appropriate Authorized Officer of NPB .
Contractor No of Correction Chief Officer 40
CLAUSE – 1 The person/persons whose bid may be accepted (hereinafter) called the Contractor, which expression shall unless excluded bySecurity or Deposit repugnant to the context include his heirs, executors and assigns) shall (A) within ten days (which may be extended by the Chief Officer concerned up to 15 days if the Chief Officer thinks it fit to do so) of the receipt by him of the notification of the acceptance of his tender deposit with the Chief Officer in cash (if deposited for more than 12 months) of sum sufficient which will make up the full security deposit specified in the bid or (B) permit Nagar Panchayat ,Barshitakli at the time of making any payment to him for work done Under the contract to deduct such sum as will amount to two percent of all moneys so payable (such deduction to be held by Nagar Panchayat ,Barshitakli by way of Security Deposit) provided always that in the event of the Contractor depositing a Lump sum by way of security deposit as contemplated at (A) above, than and in such case; if the sum of deposited shall not amount to two percent of the total estimated cost of the work . It shall be lawful for Nagar Panchayat ,Barshitakli at the time of making any payment to the Contractor for work done under the contract to make up the full amount of two percent by deducting a sufficient sum from every such payment as last aforesaid until the full amount of the Security Deposit is made up. All compensation or other sums of money payable by the Contractor to Nagar Panchayat ,Barshitakli Under the terms of his contract may be deducted from or paid by the sale of sufficient part of his Security Deposit of from the interest arising there from, may be due or may become due by Nagar Panchayat ,Barshitakli to the Contractor Under any other contract or transaction of any nature 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 cash endorsed as aforesaid any sum or sums which may have been deducted from, or raised by sale of his security deposit or any part thereof. The security deposit referred to when paid in cash may, at the cost of the depositor, be converted into interest bearing securities provided that the depositor has expressly desired this in writing. If the amount of Security Deposit to be paid in Lumpsum within the period specified at (A) above is not paid, the tender/contract already accepted shall be considered as cancelled and legal steps taken against the contractor for recovery of the amount. The amount of the security deposit lodged by Contractor shall be refunded after the payment of the final bill, if the date upto which the Contractor has agreed to maintain the work in good order is over. If such date is not over, only 90% amount of Security Deposit shall be refunded along with the payment of final bill. The amount of Security Deposit retained by the. NPB shall be released after expiry of period up to which the Contractor has agreed to maintain the work in good order is over. In the event of the Contractor failing or neglecting to complete rectification work within the period up to which the Contractor has agreed to maintain the work in good order then subject to provision of clause 17 and 20 hereof the amount and security deposit retained by NPB shall be adjusted towards the excess cost incurred by the department on rectification work.
CLAUSE - 2 : The time allowed for carrying out the work as entered in the tender shall be Compensation for strictly observed by the contractor and shall be reckoned from the date on which the order to delay commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with, with all due diligence (time being deemed to be of the essence of the contract on the part of the contractor) and the contractor shall pay as compensation an amount equal to one percent or such smaller amount as the Chief Officer (whose decision in writing shall be final) may decided, of the amount of the estimated cost of whole work as shown by the tender for every day that the work remain uncommented, or unfinished after the proper dates. And further to ensure good progress during the execution of the work, the Contractor shall be bound in all the cases in which the time allowed for any work exceeds one month to complete. 25% of the work in 25% of the time. 50 % of the work in 50% of the time. 75% of the work in 75% of the time. 100% of the work in 100% of the time.
Contractor No of Correction Chief Officer 41 And abide by the programme of detailed progress approved the Engineer or PMC. The following proportions will usually be found suitable
...... As Above...... In the event of the Contractor failing to comply with this condition, he shall be liable to pay as compensation an amount equal to one percent or such smaller amount, as the Chief Officer (whose decision in writing shall be final) may decided of the said estimated cost of the whole work for every day that the due quantity of work remains incomplete, provided always that the total 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.
CLAUSE - 3 : In any case in which Under any clause or clauses of this contract the Action when whole of Contractor shall have rendered himself liable to pay compensation amounting to the whole of Security deposit is his security deposit (whether paid in lump sum or deducted by installments) or in case of forfeited abandonment of the work owing to serious illness or death of Contractor or any other cause, the Chief Officer on behalf of the NPB shall have power to adopt any of the following courses as he may deem best suited to the interests of NPB. (a) To rescind the contract (of which rescission notice in writing to the Contractor Under the hand of Chief Officer shall be conclusive evidence) and in that case the Security Deposit of the contractor shall stand forfeited and be absolutely at the disposal of NPB.
(b) To carry out the work or any part of the work departmentally debiting the Contractor with the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the unexecuted part of work completed and crediting him with the value of the work done departmentally 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 Chief Officer as to the costs and other allied expenses so incurred and as to the value of the work so done departmentally shall be final and conclusive against the Contractor. (c) To order that the work of the Contractor be measured up and to take such part thereof as shall be unexecuted out of his hands, and to give it to another contractor to complete in which case all expenses incurred on advertisement for fixing a new contract agency, additional supervisory staff including the cost of work-charged establishment and cost of the work executed by the new contract agency will be debited to the Contractor and the value of the work done or executed through the new Contractor shall be credited to the Contractor In all respects and in the same manner and at the same rates as if it had been carried out by the Contractor Under the terms of his Contract. The Certificate of the Chief Officer to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new Contractor and as to the value of the work so done shall be final and conclusive against the Contractor. In case the Contract shall be rescinded Under clause (a) above, the Contractor shall not be entitled to recover or be paid any sum of any work there-before actually performed by him Under this contract unless and until the Chief Officer shall have certified in writing the performance of such work and the amount payable to him in respect thereof and he shall only be entitled to be paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new Contractor and other allied expenses exceeding the value of such work credited to the Contractor, the amount of excess shall be deducted from any money due to the Contractor by NPB. Under the contract or otherwise howsoever or from his security deposit or the sale proceeds thereof provided, however, that the Contractor shall have no claim against NPB . even if the certified value of the work done departmentally or though a new Contractor except the certified cost of such work and allied expenses; provided always that whichever of the three courses mentioned in clause ( a),(b)or (c) is adopted by the NPB , 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 advances on account of or with view to the execution of the work or the performance of the contract.
CLAUSE – 4 : If the progress of any particular portion of the work is unsatisfactory, the NPB Action when the progress Engineer shall not withstanding that the general progress of the work is satisfactory in of any particulars portion of the work is unsatisfactory .
Contractor No of Correction Chief Officer 42 accordance with Clause 2, be entitled to take action Under clause 3 (b) after giving the contractor 10 days notice in writing. The Contractor will have no claim for compensation, for any loss sustained by him owing to such action.
CLAUSE – 5 : In any case in which any of the powers conferred upon the NPB Engineer by Clause 3 and 4 hereof shall have become exercisable and the same shall not have Contractor been remains liable exercised. The non-exercise thereof shall not constitute a waiver of any of conditions thereofto Pay compensation if and such power shall not withstanding be exercisable in any future case of default byaction the Not taken under Contractor, for which Under any clause or clauses hereof he is declared liable toclauses pay 3 and 4 compensation amounting to the whole of his security deposit and the liability of the contractor for past and future compensation shall remain unaffected. In the event of the Chief Officer taking action Under sub-clause (a) or (c) of clause 3, he may, if he so desired take possession of all, or any tools, plants, materials and stores, in or upon the works or the site thereof or belonging to the Contractor or procured by him and intended to be used for the execution of the work or any part thereof, paying or allowing for the same in account at the contract rates, or in the case at current market rates, to be certified by the Chief Officer whose certificate thereof shall be final. In the alternative the Chief Officer may after giving notice in writing to the contractor or his clerk of the work, foreman or other authorized agent require him to remove such tools, plant, materials or stores from the premises within a time to be specified in such notice, and in that event of the Contractor failing to comply with any such requisition, the Chief Officer may remove them at Contractor’s expense or sell them by auction or private sale on account of the Contractor and at his risk in all respects, and certificate of the Executive Engineers to the expenses, of any such removal and the amount of the proceeds and expenses of any such sale shall be final and conclusive against the Contractor.
CLAUSE - 6 : If the Contractor shall desire an extension of the time for completion of the work on the ground of his having been unavoidably hindered in its execution on any other ground,Extension of time . he shall apply in writing to the NPB before the expiry of the period stipulated in the tender or before the expiry of 30 days from the date on which he was hindered as aforesaid or on which the cause for asking for extension occurred, whichever is earlier and the Barshi-Takli Nagar Panchayat may, if in its opinion there are reasonable grounds for granting an extension with fine or partial fine, grant such extension as it thinks necessary or proper. The decision in this matter shall be final.
CLAUSE - 7 : On completion of the work the Contractor shall be furnished with a certificate by Final Certificate the Chief Officer (hereinafter called the Engineer-in charge) of such completion, but not such certificate shall be given nor shall the work be considered to be complete until the Contractor shall have removed from the premises on which the work shall have been executed all scaffolding, surplus materials and rubbish and shall have cleaned off the dirt from all woodwork, doors windows, walls floor or other parts of any Road & Drain , in or upon which the work has been, executed or on which he may have had possession for the purpose of subordinate until they have received the approval of the engineer executing the work, nor until the works shall have been measured by the Engineer-in-charge or where the measurements have been taken by his charge, the said measurements being binding and conclusive against the Contractor shall fail to comply with the requirements of this clauses as to the removal of scaffolding surplus materials and rubbish and cleaning off dirt on or before the date fixed for the completion of the work the Engineer-ln-charge may at the expenses of the Contractor, remove such scaffolding, surplus material and rubbish and dispose off same as he thinks fit and clean off such dirt as aforesaid and the Contractor shall forthwith pay the amount of all expenses so incurred, but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any actually realized by the sale thereof.
Payment on CLAUSE - 8: No payments shall be made for any work estimated to cost less than rupees Intermediate one thousand till after the whole of the said work shall have been completed and a certificate Certificate to be of completion given. But in the case of work estimated to cost more than Rupees one regarded as advance. thousand, the Contractor shall on submitting a monthly bill therefore, be entitled to receive payment proportionate to the part of the work then approved and passed by the PMC & Engineer-in-charge, whose certificate of such approval and passing of the sum payable shall be final and conclusive against the Contractor. All such intermediate payments shall be
Contractor No of Correction Chief Officer 43 regarded as payments only and not preclude the Engineer-in-charge from requiring any bad, unsound, imperfect or unskillful work to be removed or taken away and reconstructed or re- erected, nor shall any such payment be considered as an admission of the due performance of the contract or any part thereof, in any respect or the accruing of any claim nor shall it conclude, determine or effect in any other way the powers of the Engineers-in-charge as the final settlement and adjustment of the accounts or otherwise, or in any other way vary of effect the contract. The final bill shall be submitted by the Contractor within one month of the date fixed for the completion of the work, otherwise the Engineer-in-charge’s certificate of the measurements and of the total amount payable for the work shall be final and binding on all parties.
CLAUSE - 9 : The rates for several items of works estimated to cost more than Rs. 1,000 agreed to within, shall be valid only when the item concerned is accepted as having beenBill to be submitted completed fully in accordance with the sanctioned specifications. In case where the itemsmonthly. of work are not accepted as so completed the Engineer-in-charge may make payment on account of such items at such reduced rates or part rate as he may consider reasonable in preparation of final or on account bills.
CLAUSE-10 : A bills shall be submitted by the Contractor each month on or before the date fixed by the Engineer-in-charge for all work executed in the previous month, and the Engineer-in-charge shall take or cause to be taken the requisite measurement for the purposeBill to be printed forms. of having same verified and the claim, so far as it is admissible shall be adjusted, if possible within ten days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work in the presence of the contractor or his duly authorized agent whose counter signature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a bill from such list which shall be binding on the Contractor in all respects.
CLAUSE-11 : The Contractor shall submit all bills on the prescribed printed forms. The charges to be made in the bill shall always be entered at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions, and not mentioned or provided for in the tender, at the rates hereinafter provided for such work.
CLAUSE-12 : If the specification or estimate of the work provided for the use of any special Stores supplied by description of materials to be supplied from the store of the NPB or if it is required that the MMC. contractor shall use certain stores to be provided by the Engineer-in-charge (such materials and stores and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor but not so as in any way to control the meaning or effect of this contract specified in the schedule or memorandum hereto annexed) the Contractor shall be supplied with such materials and stores as may be required from time to time to be used by him for the purpose of the contract only, and the value of the full quantity of the material and stores so supplied shall be set off or deducted from any sums then due or thereafter to become due to the Contractor Under the contract, or otherwise, or from the security deposit, or the proceeds of sale thereof, if the security deposit is held in Government securities the same or a sufficient portion thereof shall in that case be sold for the purpose. All material supplied to the Contractor shall remain the absolute property of NPB and shall on no account be removed from the site of the work and shall at all times be opened to inspection by the Engineer-in-charge. Any such materials unused and in perfectly good condition at the time of completion or determination of the contract shall be returned to NPB store. If the Engineer-in-charge so requires by a notice in writing given Under his hand, but the Contractor shall not be entitled to return any such materials except with consent of the Engineer-in-charge and he shall have no claim for compensation on account of any such material supplied to him as aforesaid but remaining unused by him or for any wastage in or damage to any such material.
CLAUSE- 13 : The Contractor shall execute the whole and every part of the work in the mostWorks to be executed in substantial and workman like manner, and both as regards materials and every other respectaccordance with in direct accordance with specification. The Contractor shall also confirm exactly, fully andspecification drawings faithfully to the designs, drawing and instructions in writing relating to the work signed by orderthe etc. Engineer-in-charge and lodged in his office and to which the Contractor shall be entitled to
Rate for works not entered Contractor No of Correction Chief OfficerIn estimate 44 for schedule of rates of the districts. have access for the purpose of inspection at such office, or on the site of the work during office hours. The Contractor will be entitled to receive three sets of contract drawings and working drawings as well as one certified copy of the accepted tender along with the work order free of cost. Further copies of the contract drawing and working drawing if required by him, shall be supplied at the rates of Rs. 500/- per contract drawing and Rs. 1000- per working drawing except where otherwise specified. The layout plan of various Road & Drain attached with the tender is tentative. The various locations of the orientations of Road & Drain, Road & Drain plan or any related to planning may undergo change. The position of the Road & Drain may be change. No claim from the Contractor will be entertained on account of changes made in layout.
CLAUSE - 14 : The Engineer-in-charge shall have power to make any alterations inAlterations or in additions to the original specification, drawings, designs and instructions that may appearspecifications to him to be necessary or advisable during the progress of the work and the Contractor shalland be designs not be bound to carry out the work accordance with any instruction in this connection which mayInvalidate be contracts . given to him in writing signed by the Engineer-in-charge and such alteration shall not invalidate the contract and any additional work with 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 agree to do the main work and at the same rates are specified in the tender for main work. And if the additional and altered work includes any class of work for which no rate is specified out at the rates entered in the Schedule of Rates of the Division or at the rates mutually agreed upon between the Engineer-in charge and the Contractor whichever are lower. If the additional or altered work for which no rate is entered in the Schedule of being operated by rates the Division is ordered to be carried out before the rates are agreed upon then the Contractor shall within seven days of the date of receipt by him of the order to carry out the work inform the Engineer-in-charge of the rates which is it’s his intention to charge for such class of work and if the Engineer-in-charge does not agree to this rate he shall by notice in writing be at liberty to cancel his order to carry out such class of work and arrange to carry out in such manner as he may consider advisable, provided always that if the Contractor shall commence work or incur any expenditure in regard there to before the rates shall have been mentioned all lastly hereinbefore mentioned then in such case he shall only be entitled to be paid in respect of the work carried or expenditure incurred by him prior to the date of the determination of the rate as aforesaid according to such rate or rate as shall be fixed by the Engineer-in-charge. In the event of a dispute the decision of the Engineer-in-charge of the will be final. Where, however the work is to be executed according to the design, drawing and specifications recommended by the Contractor and accepted by the competent Authority the alterations above referred to shall be within the scope of such designs, drawings and specifications appended to the tender. The time limit for the completion of the work shall be extended in the proportion that the increase in its cost occasioned by alteration or additions bears to the cost of the original contract work and the certificate of the Engineer-in-charge as to such proportion shall be conclusive. Ex tensions of time CLAUSE -15 (i) If at any time after the execution of the contract documents, thein Engineer Consequence of shall for any reason whatsoever (other than default on the part of the Contractor forAdditions whichNo the claim to any or Payment Government is entitled to rescind the contract) desire that the whole or any part of the workor Compensation for specified in the tender should be suspended for any period or that the whole or Alterations.part ofAlterations the in or work should not be carried out at all he shall give to the Contractor a notice in writing of suchRestriction of work . desire and upon the receipt of such notice the Contractor shall forthwith suspend or stop the work wholly or in part as required, after having due regard to the appropriate stage at which the work should be stopped or suspended so as not to cause any damage or injury to the work already done or endanger the safety thereof provided that the decision of the Engineer as to the stage at which the work or any part of it could be or could have been safety stopped or suspended shall be final and conclusive against the Contractor. The Contractor shall have no claim to any payment or compensation whatsoever by reason of or in pursuance of any notice as aforesaid, on account of any suspension, stoppage or curtailment except to the extent specified hereinafter. (ii) Where the total suspension of work ordered as aforesaid continued for a continuous period exceeding 90 days the Contractor shall be at liberty to withdraw from the contractual obligations Under the contract so far as it pertains to the unexecuted part of the work, by giving a 10 days prior notice in writing to the Engineer, within 3O days of the expiry of the said
Contractor No of Correction Chief Officer 45 period of 9O days, of such intention and requiring the Engineer to record the final measurements of the work already done and to pay the final bill. Upon giving such notice the Contractor shall be deemed to have been discharged from his obligation to complete the remaining unexecuted work under this contract. On receipt of such notice the Engineer shall proceed to complete the measurement and make such payment as may be finally due to the Contractor within a period of 9O days from the receipt of such notice in respect of the work already done by the Contractor. Such payment shall not in any manner prejudice the right of the Contractor to any further compensation under the remaining provisions of this clause. (3) Where the Engineer requires the contractor to suspend the work for a period in excess of 30 days at any time or 60 days in the aggregate, the contractor shall be entitled to apply to the Engineer within 30 days of the resumption of work after such suspension for payment of compensation to the extent of pecuniary loss suffered by him in respect of working machinery rendered idle on the site or on account of his having had to pay the salary or wages of labour engaged by him during the said period of suspension ; provided always that the contractor shall not be entitled to any claim in respect of any such working machinery, salary or wages for the first 3O days whether consecutive or in the aggregate of such suspension or in respect of any suspension whatsoever occasioned by unsatisfactory work or any other default on his part. The decision of the Engineer in this regard shall be final and conclusive against the Contractor. (4) In the event of:- (i) any total stoppage of work on notice from the Engineer Under Sub-clause (1) in that behalf; (ii) Withdrawal by the Contractor from the contractual obligations to complete the remaining unexecuted work Under sub-clause (2) on account of continued suspension of work for a period exceeding 9O days; or curtailment in the quantity of item or items originally tendered on account of any alteration, omission or substitutions in the specifications, drawings, designs or instructions Under clause 14(1) where such curtailment exceeds 25 % in quantity and the value of the quantity curtailed beyond 25 percent at the rates for the item specified in the tender is more than Rs.5,000/-it shall be open to the Contractor, within 9O days from the service of (i) the notice of stoppage of work or (ii) the notice of withdrawal from the contractual obligations Under the contract on account of the continued suspension of work or (iii) notice Under clause 14(1) resulting in such curtailment to produce to the Engineer satisfactory documentary evidence that he had purchased or agreed to purchase material for use in the contracted work, before receipt by him of the notice of stoppage, suspension or curtailment and require the NPB to take over on payment such mentioned at the rate determined by Engineer- in charge provided however such rates shall in no care exceed the rate at which the same was acquired by contractor The NPB shall therefore take over the material so offered, provided the quantities offered are not in excess of the requirements of the unexecuted work as specified in the accepted tender and are of quality and specification approved by the Engineer.
CLAUSE -15A : The Contractor shall not be entitled to claim any compensation from NPB in the No claim to supply of materials entered in schedule A where such delay is caused by compensation on i) Difficulties relating to the supply of railway wagons account of loss ii) Force majeure due to delay in supply iii) Act of God. of material by NPB iv) Act of enemies of the Republic of India or any other reasonable of NPB . In the case of such delay in the supply of materials NPB shall grant such extension of time for the completion of the work as shall appear to the Chief Officer as to the extension of time shall be accepted as final by the Contractor.
CLAUSE - 16 Under no circumstance whatsoever shall the Contractor be entitled to Time any limit for compensation from NPB on any account unless the Contractor shall have submitted a claimUnforeseen claims in writing to Engineer-in-charge within one month of the cause of such occurring & accepted by NPB.
CLAUSE - 17 If at any time before the security deposit is refunded to the Contractor, it shall Action and Compensation payable in case bad Contractor No of Correction Chief Officerwork. 46 appear to the Engineer-in-charge or his subordinate in-charge of the work, that any work has been executed with unsound, imperfect or unskillful workmanship or with materials of inferior quality or that any materials or articles provided by him for the execution of the work are unsound, or of a quality inferior to that contracted for or are otherwise not in accordance with the contract shall be lawful for the Engineer-in-charge to intimate this fact in writing to the Contractor and then notwithstanding the fact that the work, materials or articles complained of may have been inadvertently passed certified and paid for the Contractor shall be bound forthwith to rectify or remove and reconstruct the work so specified in whole or in part as the case may require or if so require shall remove the materials or articles so specified and provide other proper and suitable materials or articles at his own charge and cost and in the event his failing to do so within a period to be specified by the Engineer-in-charge in written intimation aforesaid, the Contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate for every day not exceeding ten days during which the failure so continues and in the case of any such failure the Engineer may rectify or remove, and re-execute the work or remove and replace and the materials or articles complained of as the case may be at the risk and expense in all respect of the Contractor should the Engineer- in-charge consider that any such inferior work or materials as described above may be accepted or made use of it shall be within his discretion to accept the same at such reduced rates as he may fix therefore.
CLAUSE-18 : All works Under or in course of execution or executed in pursuance of contractWorks to be open to shall at all times be open to the inspection and supervision of the engineer-in-charge, PMCInspection . and his subordinates, and the Contractor shall at all times during the usual working hours and at all other times at which reasonable notice of the intension of the Engineer-in-charge, PMC or his subordinates to visit the works shall have been given to the Contractor and have a responsible agent duly accredited in witting present for that purpose. Orders given to the Contractors himself duly authorized agents shall be considered to have the same force and effect as if they had been given to the Contractor himself. Social audit committee may supervise or inspect work time to time.
CLAUSE - 19 The contractor shall give not less than five day’s notice in witting to theNotice to be given Engineer-in-charge or his subordinate-in-charge of work before covering up or otherwisebefore Work is covered placing beyond the reach of measurement any work in order that the same may be measuredup. and correct dimensions thereof taken before the same is so covered up or placed 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 expenses and in default thereof on payment or allowance shall be made for such work or for the materials with which the same was executed.
CLAUSE - 20 If during the period of 24 months from the date of completion as certified by Contractor liable for the Engineer-in-charge pursuant to clause 7 of the contract or 12 months after commissioning damage done, and for the work, whichever is earlier in the opinion of the Engineer/PMC, the said work is defective in imperfections for 12 any manner whatsoever, the Contractor shall forthwith on receipt of notice in that behalf from (Twelve) months after the Engineer/PMC duly commence execution and completely carry-out at his cost in every certificate. respect all the work that may be necessary for rectifying and setting right the defects specified therein including dismantling and reconstruction of unsafe portion strictly in accordance with and in the manner prescribed and Under the supervision of the Engineer. In the event of the Contractor failing or neglecting to commence execution of the said rectification work within the period prescribed therefore in the said notice and/or to complete the same as aforesaid as required by the said notice, the Engineer shall get the same executed and carried out departmentally or by any other agency at the risk on account and at the cost of the Contractor. The Contractor shall forthwith on demand pay to the Government the amount of such cost, charges and expenses sustained or incurred by the Government of which the certificate of the Engineer shall be final and binding on the Contractor. Such costs, charges and expenses shall be deemed to be arrears of land revenue and in the event of the Contractor failing or neglecting to pay the same on demand as aforesaid without prejudice to any other right and remedies of the NPB, the same may be recovered from the Contractor as arrears of land revenue. The NPB shall also be entitled to deduct the same from any amount
Contractor No of Correction Chief Officer 47 which may then be payable or which may thereafter become payable by the NPB to the contractor either in respect of the said work or any other work whatsoever or from the amount of the Security Deposit retained by NPB.
CLAUSE - 21 : The Contractor shall supply at his own cost all materials (except such specialContractor to supply materials, if any as may, in accordance with the contract, be supplied from the NPB. stores),plant Ladders, plant tools appliances, implements, ladders, cordage, tackle scaffolding and temporary works,scaffolding etc. requisite or proper for the proper execution of the work, whether in the original, altered or substituted form and whether included in the specification, or other documents forming part of the, contract or referred to in these conditions or not and which may be necessary for the purpose of satisfying or complying with the requirement of the Engineer-in-charge as to any matter as to which Under these conditions he is entitled to be satisfied or which he is entitled to for the purpose of satisfying or complying with the requirement of the Engineer-in-charge as to any matter as to which Under these conditions he is entitled to be satisfied or which he is entitled to require together with carriage therefore to and from the work. The Contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, and counting weighing an assisting in the measurement or examination at any time and from time to time of the work or the materials. Failing this the same may be provided by the Engineer-in-charge at the expense of the Contractor Under the contract or from his security deposit of the proceeds of sale thereof, or of a sufficient portion thereof. The Contractor shall provide all necessary fencing and light required to protect the public from accident and shall also be bound to bear the expenses of defense of every suit action or other legal proceedings that may be brought by any person for injury sustained owing to neglect of the above precaution, and to pay any damages and costs which may be awarded in any such suit, action or proceedings to any person, or which may with the consent of the Contractor be paid for compromising any claim by any such person.
CLAUSE - 21 A The Contractor shall provide suitable scaffolds and working platforms,And liable for gangways and stairways and shall comply with the following regulation in connectiondamages herewith- Arising from non- a) Suitable scaffolds shall be provided for workmen for all works that cannot be safely doneprovision of lights, from a ladder or by other means. fending etc. b) A scaffolds shall not be constructed taken down or substantially altered except under the supervision of competent and responsible person, and as far as possible by competent workers processing adequate experience in this kind of work. c) All scaffolds and appliances connected there with and all ladders i) Be sound material ii) Be of adequate strength having regard to the loads and strains to which they will subjected and iii) Be maintained in proper condition d) Scaffolds shall be so constructed that no part thereof can be displaced in consequence of normal use. e) Scaffolds shall not be over-loaded and so far as practicable the load shall be evenly distributed. f) Before installing lifting gear on scaffolds special precaution shall be taken to ensure the strength and stability of the scaffolds. g) Scaffolds shall be periodically inspected by competent person. h) Before allowing a scaffold to be used by his workman the Contractor shall whether the scaffold has been erected by his workman or not take steps to ensure that it complies fully with the regulation herein specified, (i) Working platforms, gangways and stairways shall i) be so constructed that no part thereof can sag unduly or unequally ii)be constructed and maintained having regard to the prevailing conditions as to reduce as far as practicable risks of persons trip or slipping, and be kept free any unnecessary obstruction, j) In case of working platforms gangways, working place and stairways at a height exceeding 10'-0" (i)every working platform and every gangways shall be closely ed unless other adequate measures taken to ensure safety (ii)every working platform and gangway shall have adequate width,
Contractor No of Correction Chief Officer 48 (iii) Every working platform gangway working place and stairway shall be suitably fenced. k) Every opening in the floor of a Road & Drain or in working platform shall except for the time and to extent required to allow the access of persons or the transport or shifting of material to be provided with suitable means to prevent fall of persons or material. l) When any employed on a roof where there is a danger of failing from a height exceeding 10'-0" suitable precautions shall be taken to prevent the fall of persons or material, m) Suitable precautions shall be taken to prevent persons being struck by article which might fall from scaffolds platforms and other working places, n) Safe means of access shall be provided to all working platforms and other working places. o) The Contractor/Contractors will have to make payment to the labour as per minimum wages Act.
CLAUSE - 21 B : The Contractor shall comply from man script with the following regulation as regards the Hoisting Application to be used by him: a) Hoisting machines and tackle including their attachments anchorages and supports shall (i) be of good mechanical Construction sound material an adequate strength and free from patent defect and (iii) be kept in good repair and in good working order b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of suitable quality and free from patent defect. c) Hoisting machines and tackle shall be examined and adequately tested after erected on the site and before use and be reexamined in position at intervals to be prescribed by the NPB. d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering materials or as a means of suspension shall be periodically examined. e) Every crane driver or hoisting appliance operator shall be properly qualified. f) No person who is below the age of 18 years shall be in control of any hoisting machine, including of scaffold which give signals to the operator. g) In the case of every hoisting machine and every chain, hooks, shackle, shivels and pulley block used in hoisting or lowering or a as a means of suspension the Safe working load shall be ascertained by adequate means. h) Every hoisting machine and all gears referred to in the preceding regulations shall be plainly marked with the safe working load, i) In the case of hoisting machine having a variable safe working load each safe working load and the condition under which it is applicable shall be dearly indicated, j) No part of any hoisting machine or any gear referred to in regulation above shall be loaded beyond the working load except for the purpose of testing, k) Motors, gearing, transmissions electric wiring and other dangerous parts of hoisting appliance shall be provided with efficient safe guards. l) Adequate precautions shall be taken to reduce to minimum the risk of any of a suspended load becoming accidentally displaced.
CLAUSE - 22 The Contractor shall not set fire to any standing jungle trees, brushwood orMeasure for grass without a written permit from the Chief Officer. When such permit is given and also in allprevention of Fire. cases when destroying, cut or dug up dress, brushwood, grass etc., by fire the Contractor shall take necessary measure to prevent such fire spreading to or otherwise damaging surrounding property. The Contractor shall make his own arrangements for drinking water for the labours employed by him.
CLAUSE-23 Compensation for all damage done intentionally or unintentionally Liability by of Contractor Contractor’s Labour whether in or beyond the limits of NPB property including any damagefor any damage done in caused by the spreading of fire mentioned in clause 22 shall be estimated by the Engineer-in- or outside work area. charge or such other officer as he may appoint and the estimates of the Engineer-in-charge subject to the decision of the Chief Officer on appeal shall be final and the Contractor shall be bound to pay the amount of the assessed compensation on demand failing which the same will be recovered from the Contractor as damages in the manner prescribed in clause 1 or deducted by the Engineer-in-charge from any sums that may be due or become due by NPB Employment of female labour.
Contractor No of Correction Chief Officer 49
Work on Sundays. to the Contractors Under this contract or otherwise. The Contractor shall bear the expenses of defending any action or other legal proceedings that may brought by any person for injury sustained by him owing to neglect or precaution to prevent the spread of fire and he shall pay any damages and cost that may be awarded by the court in consequence.
CLAUSE - 24 The employment of female labour on works in the neighborhood of soldier’s barracks should be avoided as far as possible.
CLAUSE - 25 No work shall be done on Sunday without the sanction in writing of theWork not to be sub Engineer-in-charge. -let.
CLAUSE - 26 The contract shall not be assigned or sublet without the written approval of Engineer-in-charge. And if the Contractor shall assign or sublet his contract, or attempt to do so to become insolvent or commence any proceedings to get himself adjudicated on InsolventContractor may be rescind And security or make any composition with his creditors, or attempt to do so or if any bribe, gratuity, gift, deposit forfeited for loan perquisite, reward or advantage, pecuniary or otherwise, shall either directly or indirectlysubmitting it without be given promised or offered by the Contractor or any of his servants or agents to any publicapproval or for bribing a officer or person in the employ of NPB in any way relating to his office or employment or if anypublic officer or if such officer or person shall become in any way directly or indirectly in the contract, thecontractor becomes Engineer-in-charge may thereupon by notice in writing rescind the contract and the securityinsolvent. deposit of the Contractor shall thereupon stand forfeited and be absolutely at the disposal of NPB and same consequences shall ensure as if the contract had been rescinded Under clause 3 hereof and in addition the Contractor shall not be entitled to recover or be paid for any work therefore actually performed Under the contract. Sum payable by way of CLAUSE - 27 All sums payable by a Contractor by a way of compensation Under anycompensation of to be these conditions shall be considered as reasonable compensation to be applied to the useconsidered of as a reasonable NPB without reference to the actual loss or damage sustained, and whether any damage has compensation without or has not been sustained. reference to actual loss.
CLAUSE - 28 In the case of tender by partners any changes in the constitution of a firm shallChanges in the be forthwith notified by the contractor to the Engineer to the Engineer – in- charge for hisconstitution of the information firms to be notified.
CLAUSE - 29 All works to be executed Under the contract shall be executed Under the direction and subject to approval in all respects of the Chief Officer of the for the time being,Work to be under who shall be entitled to direct at what point or points and what manner they are to direction be of Chief Officer . commenced and from time to time carried out.
CLAUSE - 30 Except where otherwise specified in the contract and subjected to powersDecision of Chief delegated to him by the Government Under the code rules then in force the decision of theOfficer to be Chief Officer of the for the time being shall be final, conclusive and binding on all parties tofinal. the contract upon all question relating to the meaning of the specification, designs, drawing and instruction herein above mentioned and as to the quality of workmanship of materials used on the work, or as to any other question, claim, right, matter or thing whatsoever, in any way arising out of or relating to the contract, designs, drawings, specifications estimates, instructions, orders or conditions or otherwise concerning the works, or the execution Stores or of European failure to execute the same whether arising during the progress of the work or afterAmerican completion or abandonment thereof. manufacture obtained from MMC CLAUSE - 31 Deleted.
CLAUSE - 32 When the estimate on which tender is made includes lump sum in respect ofLump sum in parts of the work the Contractor shall be entitled to payment in respect of the items of workestimates. involved or the part of the work in question at the same rates as are payable Under this contract for each item, or if the part of the work in question is not in the opinion of the Engineer-in-charge capable of measurement, the Engineer-in-charge may at his discretion pay the lump sum amount entered in the estimate, and certificate in writing of the Engineer-in-
Contractor No of Correction Chief Officer 50 charge shall be final and conclusive against the Contractor with regard to any sum or sums payable to him Under the provision of the cause.
CLAUSE - 33 In the case of any class of work for which there is no such specification asAction is where no mentioned in Rule I such work shall be carried out in accordance with the Divisionalspecification. specification, and in the event of there being no Divisional specification then in such case the work shall be carried out in all respects in accordance with the instruction and requirements of the Engineer-in-charge.
CLAUSE - 34 The expression ‘works’ or ‘work’ where used in these conditions, shall unless there be something in the subject or context repugnant to such Construction be constructedDef to inition of work. mean the work or works contracted to be executed Under or in virtue of the contract whether temporary or permanent and whether original, altered substituted or additional. Contractor’s percentage whether applied to net CLAUSE - 35 The percentage referred to in the tender shall be deducted from / added toor the gross amount of the bill before deducting the value of any stock issued. gross amounts of bill.
CLAUSE - 36 All the quarry fees royalties, octroi dues and ground rent for stocking materialsRefund of quarry fees and if any, should be paid by the Contractor no refund of and charges on this account will be Royalties. granted.
CLAUSE - 37 The Contractor shall be responsible for and shall pay any compensation to his workman payable Under the Workman’s Compensation Act, 1923 (VII OF 1923), (hereinafter called the said Act.) for injuries caused to the workman. If such compensation is payable/paid by NPB. as principal Under sub-section (1) of Section 12 of the said Act on behalf of the Contractor Under sub Section (2) of the said Section. Such compensation shall be recovered in the manner laid down in Clause 1 above.
CLAUSE - 37-A The contractor shall be responsible for and shall pay the expenses Compensation of providing medical aid to any workmen who may suffer a bodily injury as a result of under an the accident. If such expenses are measured by NPB same shall be recoverable from theWorkmen’s contractor with and be deducted without prejudice to any other remedy Compensation of Act . Government/MHADA from any amount due or that may become due to the Contractor.
CLAUSE - 37-B The Contractor shall provide all necessary personal safety equipment and first aid apparatus available for the use of the persons employed on the site, shall maintain the same in condition suitable for immediate use at any time and shall comply with the following regulation in connection forthwith (a) The workers shall be required to use the equipment so provided by the Contractor and theClaims for Contractor shall take adequate steps to ensure proper use of the equipment by thosequantities entered concerned. In the tender or (b) When work is carried on in proximity to any place where there is a risk of drowning, estimate.all necessary equipment shall be provided and kept ready for use and all necessary steps shall be taken for the prompt rescue of any person in danger. (c) Adequate provision shall be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work.
CLAUSE - 38 : (i) The quantities in respect of several items shown in the tender are approximate and no revision in the tendered rates shall be permitted in respect of any of items below plinth which may vary to any extent due to local conditions. For superstructure items, the same shall generally, be limited to 50% less or excess over the tendered quantities and so long as the value of the excess quantities beyond this limit at the rate of item specified in the tender is not more than Rs. 5,000/- (ii) The Contractor shall if so ordered in writing by the Engineer-in-charge so as to do so also carry out the quantities in excess of limit mentioned in sub-clause (I) hereof on the same conditions as in accordance with the specification in the tender and at the rates ( a) derived from the rates entered in the current schedule of rates and in the absence of such rates (b) at the rates prevailing in the market, the said rates being increased or decreased as the case may be by percentage which total tendered amount bears to be estimated cost of the work as per tender based upon schedule of rates applicable to the year in which the tenders
Contractor No of Correction Chief Officer 51 were invited. (iii) Claims arising out of reduction in the tendered quantity of any item beyond 50% will be governed by the Clause No. 15 only when the amount of such reduction beyond 50% at the rate of item specified in the tender is more than Rs. 5,000/-
CLAUSE - 39 The Contractor shall employ any famine, convict or other labour of a particularEmployment of kind of class if ordered in writing to do so by the Engineer-in-charge. famine labour etc.
CLAUSE - 40 No compensation shall be allowed for any delay caused in the starting of the Claim for work on account of the acquisition of land, encroachment on land or in the case of clearance compensation for of works on account of delay in accordance with sanction to estimates. It may delay due to delay in the starting of late handover from government to NPB.
CLAUSE - 41 No compensation shall be allowed for any delay in the execution of the work on Claim for account of water standing in borrow pits or compartment. The rates are inclusive for hard or compensation for cracked soil execution in mud, sub-soil water or water standing in borrows pits and no claim Delay in the execution for an extra rate shall be entertained unless otherwise expressly specified. work.
CLAUSE - 42 The Contractor shall not enter upon a commence any portion of work except Entering upon or with the written authority and instruction of the Engineer-in-charge or his subordinate-in- Commencing any charge of the work. Failing such authority the Contractor shall have no claim to ask for portion of work. measurement of or payment for work.
CLAUSE - 43 i) No contractor shall employ any person who is under the age of 12 years. ii) No Contractor shall employee donkeys or other animals with breeching of string orMinimum age of thin rope the breeching must be at least three inches wide and should be of tape (Nawar). persons employed iii) No animal suffering from sores, lameness or emaciation or which is immature shall bethe employment of employed on the work. donkeys and / or iv) The Engineer-in-charge or his Agent is authorized to remove from the work anyanimals and the person or animal found working which does not satisfy these conditions and no responsibility shall be accepted by NPB for any delay caused in the completion of work by such removal. v) The Contractor shall pay fair and reasonable wages to the workmen employed by him in the contract Undertaken by him. In the event of any dispute arising between in Contractor and his workman on the grounds that the wages paid are not fair and reasonable the dispute shall be referred without delay to the NPB Engineer who shall decide the same. The decision of the NPB Engineer shall be conclusive and binding on contractor but such decision shall not in any way affect the conditions in the contract regarding the payment to be made by NPB at the sanctioned tender rates. vi) Contractor shall provide drinking water facilities to the workers. Similar amenities shall be provided to the worker engaged on large works in urban area as per NBC.
CLAUSE - 44 Payment to Contractor shall be made by the cheque drawn on any bankMethod of payment provided the amount exceeds Rs. 10/- Amount not exceeds Rs.10/-will be paid in cash or as per practice in NPB.
CLAUSE - 45 Any Contractor who does not accept these conditions shall not be allowedAcceptance to of tender for works. Conditions, compulsory CLAUSE - 46 If the Government declared a state of scarcity or famine to exists in any village Before tendering for situated within 10 miles of the work, the Contractor shall employ upon such parts of the work work. as are suitable for unskilled labour any person certified to him by the NPB Engineer or by any person to whom the NPB Engineer may have delegated this duty in writing to be in need of relief and shall be bound to pay to such persons wages not below the minimum which NPB may have fixed in this behalf. Any disputes which may arise in connection with the implementation of this clause shall be decided by the NPB Engineer whose decision shall be final and binding on the Contractor.
Contractor No of Correction Chief Officer 52 CLAUSE - 47 The price quoted by the contractors shall not in any case exceed its control price if any fixed by NPB or reasonable price which it is permissible for him to charge private purchase for the same class and description the controlled price or the price permissible Under Hoarding and Profiteering Prevention Ordinance, 1948 as amended from time to time. If the price quoted exceeds the controlled price or price permissible Under Hoarding and Profiteering Prevention Ordinance, the contractor shall specifically mention this fact in his tender along with the reasons for quoting such priced. The purchaser at his discretion will in such case exercise the right of revising the price at any stage so as to confirm with the controlled price permissible Under Hoarding and profiteering Prevention Ordinance. This discretion will be exercised without prejudice to any other action that may be taken against the contractor.
CLAUSE – 48 The rates to be quoted by the Contractor must be inclusive of all taxes and duties. No extra payment on this account will be made to the Contractor. The tendered rates shall be inclusive of all taxes, rates and causes and shall also be inclusive of the tax livable in respect of works contract under the provision of Maharashtra Sales tax on transfer of property in stocks involves in execution of work contract Act 1985 (Maharashtra Act Xix of 1985 Turnover Tax)
CLAUSE – 49 In case of materials that may remain surplus with the Contractor from those issued for the work contracted for the date of ascertainment of the materials being surplus will be taken as the date of sale for the purpose of sale tax and the tax will be recovered on such sale.
CLAUSE - 50 The Contractor shall employ at least 80 percent of the total number of unskilled labour to be employed by him on the said work from out of the persons ordinarily residing in district in which site of the side work is located. Provided, however, that if the required number of unskilled labours from that district is not available the Contractor shall be first instance employ such number of persons as is available and thereafter may with previous permission in writing of the Engineer-in-charge of the side work, obtain the rest of his requirement of unskilled the labour from outside the district. CLAUSE – 50A The Contractor should as far as possible obtain his requirement of Skilled and unskilled from the nearest Employment Exchange.
CLAUSE - 51 The contractor has to plant the trees along the road side and also along the periphery of open space at 6.00 m center to center. The approved sample of the plant shouldPlantation of be procured by the contractor. The contractor has to maintain the plants by providing treetrees . guards as per sketch and wearing at his own cost for a total contract period from the date of plantation. The plants and tree guards’ will be property of the NPB. The work above plinth for Road & Drain will not be allowed unless tree plantation work is executed to the entire satisfaction of the Engineer-in-charge. The contractor shall be responsible for proper maintenance and growth of plant till completion of contract work including maintenance period. Penalty at 5 times the rate of tree plantation or the actual expenses incurred by the on his account whichever is higher shall be deducted in case of any death of tree or improper maintenance of the plant from the contractor’s bill prepared after 75% work is completed. Certification to the effect that tree plants are maintained properly and are found in good growth is to be issued by the Engineer in R. A. bill when 75% work is completed.
CLAUSE - 52 Contractor shall take out necessary Insurance Policy/Policies (viz. Contractor’s All Risk Insurance of Insurance Policy, Erection All Risks Insurance Policy etc. as decided by the Directorate of Insurance, contract works. Maharashtra) so as to provide adequate insurance cover for execution of the awarded contract work for total contract value and till the completion and defect liability period of the contract compulsorily from the “Directorate of Insurance, Maharashtra State, Mumbai” only. Its postal address for correspondence is “264, NPB, I st floor, Opp. Kalanagar, Bandra (East), Mumbai-400 051 (Tele. Nos. 26591782 / 26592461 and Fax No.26590403). Similarly, all workmen’s appointed to complete the contract work are required to insure under workmen’s compensation Insurance policy. Insurance policy / Policies taken out from any other company will not be accepted. If any contractor has affected insurance with any Insurance Company, the same will not be accepted and the amount of premium calculated by the Directorate of Insurance will be recovered directly from the amount payable to the contractor for the executed contract work.
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CLAUSE – 53 The Contractor shall duly comply with all the provisions of the contract Labour (Regulation and Abolition) Act-1970 (30 to 1970) and the Maharashtra Contract Labour as amended from time and all other relevant states and statutory provisions concerning payment of wages particularly workmen employed by the contractor and working on the site of work. In particular the contractor shall pay wages to each worker employed by him on the site of work at the rates prescribed under the Maharashtra Contract Labour (Regulation and Abolition) Rules 1971; If contractor fails or neglects to pay wages at the said rates or makes short payment the Govt. makes such payment of wages in full or part thereof less paid by the contractor as the case may be the same as such from the contractor or deduct the same from the amount payable to him by the Government NPB
CLAUSE – 54 Guarantee For Durability of The Structures For 5 years 54 .1 The Construction Agency shall ensure that the structure of Road & Drain s constructed for the Rehab tenements are durable and shall last for a period of at least 5 years.
54.2 The strength as well as durability shall be considered explicitly at design stage.
54.3 There is danger in case of collapse to the lives of the people as the proposed structures are meant for residential use.
The Construction Agency shall therefore be more cautious in design and execution of the work.
54.4 In case of the soil and the sub-soil water at the site has high sulphate and chloride content, the Construction Agency shall have to take utmost precautions to obtain a dense, concrete of low permeability, while carrying out any type of foundation required for proposed Road & Drain.
54.5 The Construction Agency shall observe methods of controlling while designing and constructing various mechanisms of wear and deterioration of concrete so as to make the structure give satisfactory service and safety throughout 5 years without undue maintenance.
54.6 The mix design and concrete of various grades, shall be as per relevant IS specifications keeping in view both strength and durability. The exposure condition shall be got approved from IIT, Mumbai or any other reputed institute specified by the Engineer NPB before start of work.
54.7 In observing the design controls, various codes of practice and design guides, which give recommendations on durability, shall be followed. The minimum cement content, water cement ratio, minimum grade of concrete, minimum cover to reinforcement for exposure conditions of environment in Barshi-Takli city and suburbs shall be strictly followed.
54.8 The concrete shall be of low permeability to be durable for 5 years. For this purpose, a) The aggregate cement ratio for given aggregate shall be sufficient to provide adequate workability with low water cement ratio so that concrete can be compacted with means available with the Construction Agency. b) The concrete shall be strong and dense with sufficient low water cement ratio. c) The concrete shall be compacted thoroughly wherever there are difficulties in placing and compacting of concrete, the self compacting cement shall be used. d) Sufficient hydration of cement shall be ensured through proper curing method.
54.9 The Construction Agency shall be responsible for non deterioration of foundation, proposed by him for 5 years and shall ensure the controlling system against the mechanism of their deterioration keeping in view the high contents of sulphate and chloride in the soil and the sub-soil water. Construction Agency I - 57. 54.10 The Construction Agency shall be responsible for the durability of open foundation, Pile foundation and RCC pile caps if required, plinth beams, Super structure, columns, beams, shear walls, cast- in-situ/ precast slabs, walls of water tanks, liftshaft and machine room etc., for 5 years. 54.11 The Construction Agency shall be responsible for 5 years against the creep and ong term excessive deflection of slabs in specific and other structural members (where deflection is the criteria for design) like slabs, beams, lintel etc
Contractor No of Correction Chief Officer 54 54.12 The Construction Agency shall ensure by design and construction controls, the minimum permissible crack width during 5 years and shall be responsible for development of active cracks in the structure for the 5 years.
54.13 The Construction Agency shall be responsible for 5 years for damage-deterioration of structural members due to weathering effect.
54.14 The Construction Agency shall ensure that the structure of Road & Drain s constructed for the Rehab tenements shall remain durable and stable at-least for a period of 5 years from the date of completion of Road & Drain s. If whole/ part of structure of Road & Drain collapses or any structural members such as columns, beams, shear walls & slabs shows any major or serious type of distresses within the age of 5 years from the date of completion except in case of development of distresses due to natural calamities, then the construction agency shall have to attend the defects/ repair work as needed in safe-guarding the structure of Road & Drain immediately, soon after receiving such intimation from the officer of NPB, without claiming any extra cost. If the defects/ repair work shall not be attended by Construction Agency timely, then Construction Agency shall be responsible for all consequences which may arise thereafter. (In this respect Notarized duly registered Undertaking shall have to be submitted by construction Agency on Stamp Paper of Rs. 100/- along with final bill) Construction Agency I - 58
54.15 The Construction Agency shall ensure that the work is executed with adequate supervision and that the execution of construction complies with the specifications. For this purpose, the Construction Agency shall carryout various tests on materials and finished items as per PWD norms/relevant IS specifications and as per Quality Control of NPB
54.16 The Construction Agency shall give very special attention to the curing of concrete. The period for curing mentioned in the IS code shall be strictly adhered to. The water used for curing shall be potable.
54.17 The Construction Agency shall give special attention to maintain the specified cover during execution as this is very important to transfer the forces in the reinforcement, to provide fire resistance to the steel and to provide alkaline environment at the surface of the steel.
54.18 The Construction Agency shall ensure in the design & construction that there shall be no excessive deflection, creep & cracks in the structure beyond permissible limits for 5 years.
CLAUSE – 55 The testing of materials to be used on work on site to be tested in specified laboratory as mentioned by the, are required to be carried out to ascertain the Contractor's risk and cost.
CLAUSE – 56 All the item of S.W. drains, internal roads shall have to be maintained by the contractor (through the progress of work) and for the period of twelve months from the date of completion as certified by Chief Officer or till the services are handed over to local authority / societies / beneficiaries. During this period all defective works and likely fittings or defective items as pointed out by the Chief Officer shall be replaced by the contractor, falling which the needful will be done at risk & cost. The decision of Engineer in this behalf will be final & binding
CLAUSE - 57 The contractor shall strictly adhere to the quality of material to be used during the construction. The contractor shall use those materials specified and approved by the Chief Officer in Charge for the purpose of construction. During the course of Construction, Chief Officer in Charge of the construction or by the application of any person under Right to Information Act-2005 a sample of materials being used on the site can be taken as per the procedure prescribed by the NPB for laboratory testing. In case, if it is found that material being used is not as per specification or not as per the quality the Chief Officer shall be held responsible for severe action and the contractor shall be made liable to pay the compensation, under whose superintendence and overall control works are getting addition to this, the contractor shall also be liable for replacement of the entire material, which was Engineer found defective during the course of inspection of report of laboratory test. The contractor shall also reimburse all the expenses, which are required to be paid to the person applying under Right of Information Act- 2005. The decision of the Chief Officer (office duly authorized by NPB in this respect shall be final and binding on the Contractor.
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Drawing & Design (Note)
The Detail Section of all the Work be Show on the Map . Drawing & Design of the work is Available in the PWD department in the Nagar Panchayat
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