BID DOCUMENTS - Rajasthan Agriculture Marketing Board

BID DOCUMENTSForConstruction of Cement Concrete Internal Roads at MainMandi Yard Under KUMS KhanpurDISTRICT JHALAWARF I N A N C I A LB I DLast Date to Download : 08.07.2013 upto 11.00 AMLast Date of Online Submission :08.07.2013 upto 11.00 AMNAME OF AGENCY : - ________________________________RAJASTHAN STATE AGRICULTURAL MARKETING BOARD, BARANSignature of ContractorExecutive Engineer

INDEXS.No Particulars Page No.1. Identification and Memorandum of Works2. Notice of Inviting Tenders3. Special Condition of Contract4. General Condition of Contract & AgreementSignature of ContractorExecutive Engineer

BID DOCUMENTFORNAME OF WORK: -Construction of Cement Concrete Internal Roads atMain Mandi Yard Under KUMS KhanpurIdentification of WorksS. No. Name of Work1. Construction of Cement Concrete Internal Roads at Main Mandi YardUnder KUMS KhanpurSignature of ContractorExecutive Engineer

RAJASTHAN STATE AGRICULTURAL MARKETING BOARDMEMORANDUM OF WORKSNAME OF WORK :Construction of Cement Concrete Internal Roads atMain Mandi Yard Under KUMS Khanpur1. N.I.T. No. : 01/2013-142. Approximate cost as per NIT : Rs. 85.00 lacs3. Cost of the Tender Documents : Rs. 1000/-4. Earnest Money : Rs. 42,500/- for Board enlistedRs. 1,70,000/- for others5. Last Date of downloading tender documents : 08.07.2013 upto 11.00 AM6. Date and Time of online submission of Tenders : 08.07.2013 upto 11.00 AM7. Date and Time of Opening Tenders : 08.07.2013 at 2.00 PM8. Period of Completion : 08 MonthsSCHEDULE “A”SCHEDULE “B”SCHEDULE “C”SCHEDULE “D”SCHEDULE “E”SCHEDULE “F”SCHEDULE “G”SCHEDULE “H”Information Useful for the ContractorThe tenderer should see the site and fully understand the conditions of the site beforetendering. The works shall be carried out in accordance with section 4 of thisdocument and Rajasthan PWD detailed specification and to the entire satisfaction ofthe engineer in charge of the work.List of the detailed drawing to be supplied by the Board. All relevant typed drawingsare appended herewith. The detailed estimates may be seen in the concerned office.The contractor shall have to arrange at his own cost the full size details, templatesetc. as may be required by the Engineer-in-charge from time to time.The test of the material and workmanship shall be conducted by the RSAMB staff asand when necessary. The result of which should conform to the standards laid downin the Indian Standards and / or the standards laid down in the detailed specificationof the PWD. Proper quality control is required to be maintained by the contractor.Qualified personnel as required under the Contractor’s enlistment rules be engagedon the work. The RSAMB reserves the right to engage such staff and recover theexpenses from the contractor on this account is case of his failure.The samples of the materials to be used by the Contractor shall be deposited 15 daysin advance with the Division Office if required by the Engineer-in-charge and be gotapproved from him before use.Time for completion as mentioned in NIT shall start after 10 days of issue of letter ofacceptance or date of agreement whichever is earlier.Bill of quantities are enclosed. The rates taken in the schedule-G are based on as perB.S.R. PWD Circle Jhalawar 2013 for Road works & 1st june 2012 for BuildingWorks.Non BSR items, if required to be executed, are given in Schedule “H”Signature of ContractorAddress ……………….Executive EngineerRSAMB, BaranSignature of ContractorExecutive Engineer

(RPWA-100)RAJASTHAN STATE AGRICULTURAL MARKETING BOARDNOTICE INVITING TENDERS FOR WORKS1. Tenders are hereby invited on behalf of the Administrator, Rajasthan State AgriculturalMarketing Board for the works of Construction of Cement Concrete Internal Roads atMain Mandi Yard Under KUMS Khanpur from enlisted contractors of the appropriateclass. Contractors enlisted with the CPWD, Postal, Telecom, Railway, MES, other StateGovernments/Central Government Undertakings/ Organisations equivalent to AA and AClass of Rajasthan are also eligible after giving prescribed Earnest Money to tender forworks as under :-(i) Contractors equivalent to "AA"Class of Rajasthan(ii) Contractors equivalent to "A" Classof Rajasthan(iii) Contractors equivalent to "B" Classof Rajasthan(iv) Contractors equivalent to "C" Classof Rajasthan: All Works: Works upto Rs. 3.00 crore: Works upto Rs. 1.50 crore: Works upto Rs. 50.00 lacs2. Contract document consisting of the detailed plan, complete specifications, the Scheduleof the quantities of the various classes of work to be done and the set of Conditions ofContract to be complied with by the persons whose tender may be accepted, which willalso be found printed in the form of tenders, can be seen at the office of the ExecutiveEngineer, RSAMB, Baran every day except on Sundays and Public Holidays, duringofficer hours.3. Bidder shall submit their offer on-line in Electronic formats both for technical andfinancial proposal, however D.D. for Tender Fees, Processing Fees and E.M.D.should be submitted manually in the office of Tendering Authority before date &time of opening of technical bids and scanned copy of DD’s, copy of validregistration and valid sales tax clearance certificate should also be uploaded alongwith the online bid.4. Before electronically submitting the tenders it should be ensured that all the tenderpapers including conditions of contract are digitally signed by the tenderer.5. The work is to be completely finished to the satisfaction of Engineer-in-charge within 08Months from the 10 th day after the date of written order to commence the work.6. Earnest money, amounting to Rs. 42500/- for Board enlisted contractors and Rs. 170000/-for others in the form DD/Bankers Check of Nationalised / Scheduled Banks in the nameof Executive Engineer, RSAMB, Baran should be kept in envelope-I superscribedConstruction of Cement Concrete Internal Roads at Main Mandi Yard UnderKUMS Khanpur. In case of tender for works of which tendered cost is Rs. 5 Crores andabove, Earnest money of Rs. 10 Lacs shall be accepted in cash as above and remainingpart of Earnest money can be accepted either in the form of Bank Guarantee (FormRPWA 87) or in cash. Enlisted contractors shall be required to deposit ½% of estimatedcost of work as Earnest money while tendering within their enlistment zone. For outsidetheir zone 2% Earnest money shall be required to be deposited.7. The security deposit @ 10% of the gross amount of the running bill shall be deductedfrom each running bill and shall be refunded as per rules on completion of the contract asper terms and conditions. The earnest money deposited shall however be adjusted whilededucting security deposit from the first running bill of the contractor. There will be nomaximum limit of security deposit.Signature of ContractorExecutive Engineer

A contractor may, however, elect to furnish bank guarantee or any acceptable form of securityfor an amount equal to the full amount of security deposit @ 10% of the work order before orat the time of executing the agreement. In that case, earnest money may be refunded only afterfurnishing of the bank guarantee as above. During the execution of the work or aftercompletion of the work also a contractor may replace the security deposit by furnishing bankguarantee for an equal amount. However, during execution of the work if cost of workexceeds as shown at the time of furnishing bank guarantee, balance security deposit shall bededucted from the Running Account Bills.8 The acceptance of the tender will rest the competent authority who does not bind itself toaccept the lowest tender, and reserves to itself the authority to reject any or all of thetenders received without assigning any reason.9 Tender forms as issued from office(s) mentioned above (Para 4) must be returned with allenclosures, to the following office/offices, on the date of receipt of tenders:Sno. Value of Tenders Name of Office(i) Tenders for which sanctioning authority is Executive E.E. OfficeEngineer/ Superintending Engineers(ii) Tenders for which sanctioning authority is Superintending Circle OfficeEngineer.(iii) Tenders for which sanctioning authority is AdditionalChief Engineer.Circle Office10 No refund tender fee is claimable for tenders not accepted or forms returned or for tendersnot submitted.11 The tenders for works shall remain open for acceptance for a period as given below fromthe date of opening of Financial Bid.1 For tenders to be accepted by Executive Engineer 20 days2 For tenders to be accepted by Superintending Engineer 30 days3 For tenders to be accepted by Additional Chief Engineer 40 days4 For tenders to be accepted by Additional Chief Engineer on 60 daysrecommendation of Tender Committee5 For tenders to be accepted by Board 70 daysIf any tenderer withdraws his tender prior to expiry of the said validity period or mutuallyextended period or makes modifications in the rates, terms and conditions of the tenderwithin the said period which are not acceptable to the department, or fails to commencethe work in the specified period/fails to execute the agreement the department shall,without prejudice to any other right or remedy be at liberty to forfeit the amount ofearnest money given in any form absolutely. If any contractor who having submitted atender does not execute the agreement or start the work or does not complete the workand the work has to be put to retendering, he shall stand debarred from participating insuch retendering in addition to forfeiture of Earnest money / Security Deposit and otheraction under agreement.12 All tenders, in which any of the prescribed conditions are not fulfilled or which have beenvitiated by errors in calculations, totaling or other discrepancies or which contain overwritingin figures or words or corrections not initialed and dated will be liable forrejection.13 Enlisted contractors, will be required to pay Earnest money @ ½% of estimated cost ofwork put to tender, in case of work they are authorised to tender under rules forenlistment of contractors, but the amount to the extend of full Earnest money shall beliable to be forfeited in the event of circumstances explained in clause 11 above. Degree /Signature of ContractorExecutive Engineer

Diploma holder engineers may pay Earnest money equal to one half of the normal rates,subject to the provisions of rules for enlistment of contractors.14 The tender should be accompanied with Sale Tax clearance certificates from theconcerned departmental authorities, without which the tenders may not be entertained.15 The whole work may be split up between two or more contractors or accepted in part andnot in entirely if considered expedient.Executive EngineerRaj. State Agri. Market. BoardDiv. BaranSignature of ContractorExecutive Engineer

SPECIAL CONDITIONS OF CONTRACT1. Work will be carried out as per Rajasthan P.W.D. specifications in general, and notincluded in the work will be carried out as per instruction of Engineer-in-charge.2. All arrangements regarding water, T and P required for the job will be made by thecontractor.3. Sales tax, labour welfare (CESS) and other taxes if any will be paid by the contractor asper rules. He is bound to follow labour laws and fair wages clause.4. In case any material is required to be tested, the contractor will have to make allarrangements at this own cost; testing charges would be borne by the contractor.Contractor will setup lab at work site for quality control test as per norms.5. The work shall be completed within the period as mentioned in Notice InvitingTender/Agreement.6. Rates to be provided shall be inclusive of all lead and lift; no extra lead/lift shall be paidover and above that.7. If there is any clerical or typing error in the Schedule-G, the rates and nomenclature asgiven in the B.S.R. on which the Schedule-G is based will be final.8. The contractor shall have to prepare and maintain the diversion during the constructionperiod at his own cost. In case he fails to do so, the board will be free to construct suchdiversion chargeable to the contractor.9. The quantum of work/items can be increased or decreased at the discretion of theEngineer in-charge.10. Conditional tenders shall be rejected, only percentage rates above/below should bequoted on Schedule-G/tender form in space given.11. The contractor is expected to have visited the site of work & acquainted himself of generalterrain, type of materials, their availability and other relevant information related to thework by personally inspecting the area before tendering the work.12. Extra item of work shall not vitiate the contract; The contractor shall be bound to executeextra items of work as directed by Engineer In charge. The rate for extra item shall bebased on B.S.R. PWD Circle Jhalawar 2013 for Road works & 1st june 2012 forBuilding Works, plus or minus the tender premium as offered by bidder in his biddocument. In the event of non availability of the proposed extra item in the BasicSchedule of Rates, the rates of such item shall be fixed by the Engineer In charge.13. The validity of tendered rate will be open for acceptance as per clause No.11 of N.I.T. forworks.14. Other terms and conditions of contract shall be as per agreement-General Condition ofcontract.15. Single rate shall be quoted for the entire package, individual rate shall be quoted for H-Schedule item only.16. The contractor has to submit the rate analysis for the rate he is quoting. The rate analysisshould be in detail & item wise.17. Payment of C.C. M-30 shall be made after getting core sampling results.18. Various T&P, machineries & equipment viz. (diamond cutter, screed vibrator, needlevibrator, plate vibrator, generator 40 to 62.5 KVA 3 phase each 2 sets required forconstruction will be arranged by contractor himself.19. Power driven floater, vacuum dewatering system must be used for construction of C.C.pavements.Signature of ContractorExecutive Engineer

20. Mixing of C.C. must be carried by batch mix plant (having capacity 5 to 6 Cum/Hr.) withcontrolled panel & necessary weighing system (Electronic load shells). Mixing of concreteby ordinary mixture with weigh batcher shall not be allowed.21. Defect liability period for road works costing more than 10.00 lacs shall be 3 years (thirtysix months), after satisfactory completion of work.Special Conditions of Contract regarding Defect Liability Period for Roads, BuildingBridges & C.D. Works costing more than Rs. 10.00 Lacs1.0 Roads Works1.1 The defect liability period (DLP) for all Road/Bridge/ C.D. works shall be threeyears. Road/Bridge/C.D. works executed by the contracting agency shall bemaintained by them at their own cost for Three years (DLP) from the date ofcompletion of work as per the clause in the Agreement and Special Condition ofContract.1.2 No extra payment shall be made to the contracting agency on account ofmaintenance of Road/Bridge/C.D. works and removal or defects during defectliability period.1.3 The word "Road/Bridge/C.D. works" means all new Road / Bridge / C.D. worksconstruction, widening, strengthening, up-gradation, renewal and special repairsof roads and special repairs of bridge/C.D. works.1.4 The road maintenance of Road/Bridge & C.D. works during defect liability periodmeans-(i) Routine maintenance of Road/Bridge & C.D. works and(ii) To remove the defects as & when appear in part and entire structure ofRoad/Bridge & C.D. works, in specified time.1.5 The contracting agency shall do the routine maintenance of Road/Bridge & C.D.works, including pavement, road side and cross drains including surface drains tothe required standards and keep the entire road surface and structure in defectfree condition during the entire period of routine maintenance, which begins atcompletion of the construction works and ends after three years.1.6 The routine maintenance shall consist of the routine maintenance operationdefined in manual for maintenance of roads of MoRTH and shall be carried outaccordingly.1.7 The routine maintenance activities and their periodicity :S.No. Name of Item/Activity Frequency of Operations in one year1 Restoration of rain outs and dressing ofbermsOnce in a year generally after rains (in caseareas having heavy rainfall, as & whenrequired.2 Making up of shoulders As and when required3 Maintenance of Bituminous surface road As and when requiredand/ or gravel road / WBM road includingfilling pot holes and patch repairs etc.4 Maintenance of drains Twice (in case of hill roads, as and whenrequired)5 Maintenance of culverts and causeway Twice (in case of hill roads, as and whenrequired.6 Maintenance of road signs Maintenance as and when required Repaintingonce in every two years.7 Maintenance of guardrails and parapetwallsMaintenance as and when required repaintingonce in a year.8 Maintenance of 200m and Kilometer Maintenance as and when required. RepaintingSignature of ContractorExecutive Engineer

stonesonce in a year.9 White washing guard stones Twice in a year10 Re-fixing displaced guard stones Once in a year11 Cutting of branches of trees, shrubs andtrimming of grass and weeds etc.12 White washing parapets of C.D. works Once in a year.Once, generally after rains (in case of areashaving rainfall more than 1500mm per year, asand when required).2.0 Building Works (Civil Works)2. Defect liability period for building structure and other civil works shall be 3years reckoned from date of actual completion of the building works and twoyears for the defect pertaining to sanitary works, electric works, joinery works& painting works. Generally, following defects are covered for 3 years D.L.P :2.1 Surface cracks on R.C.C. work.2.2 Cracks in masonry, walls, pillars, etc.2.3 Dampness appeared on surface of walls, ceiling, floors, etc.2.4 De-laminations and unevenness of surface.2.5 Leakage, cracks in drainage system, dampness in sunk portions.2.6 Defects in paint work, distempering, white wash, etc. for example,unevenness in shade, pealing out, flakes on the surface, etc.2.7 Cracks, settlements, unevenness, opening of joints in floorings.2.8 Doors, windows and ventilators opening and closing are not smooth. Fittings& fixtures are not functioning smoothly.2.9 Steel fabrication works not grinded properly and finished.2.10 Leakage/chocking in pipelines, tapes, valves, showers, wash basin, etc.Sanitary-ware fittings not functioning smoothly.2.11 External services for storm water, sewerage, rain water harvestingsystem not functioning properly.Electrical WorksIn addition to the above any defects identified by the user and/or Engineer-inchargeshall be rectified by the contracting agency within notified period assignedby Engnieer-in-charge.2.1 The defect liability under DLP for 2 years shall be from the date of its completionof the work reckoned by the Engineer-in-charge.2.2 The defects shall be in case of non-functioning of the following items.Internal and external wiring, panels, cables. L.T. installation from distributionboard to end use points, MCBs, DBs, ElCBs, earthing, switches, sockets,distribution panels, panel switchgears, panel instruments, panel MCBs, bus bars,cable trenching, Lugs, connecting wire and any other items specified under thecontract.2.3 Repair and Replacement – The items covered under defect liability period shallbe replaced and / or repaired as directed by the Engineer-in-charge.2.4 Time period for repair/replacement – The Engineer-in-charge soon after defectarises shall notify to the contracting agency and/or his authorized representativeon phone and in writing for rectification of the defect within the prescribed periodwhich may be in hours/days and depends on the gravity and severity of defect.2.5 Consumable Articles – Consumable articles like tube rods, CFL, Bulbs, HT fuses,Batteries, Gas filling will be replaced by the client department or user departmentat their own cost and arrangement.2.6 Other items(i)D.G. set including fitting and fixtureSignature of ContractorExecutive Engineer

(ii)(iii)(iv)(v)(vi)Lifts and EscalatorsAir cooling / Air conditioning / Heating systemCCTV, EPABXSecurity system equipmentsElectric Motors PumpsIn addition to the above items the Engineer-in-charge may add moreitems as per nature of work which seems to be covered under 2 yearsguarantee from the date of commissioning.3.0 General3.1 Inspection of works during defect liability period –3.1.1 The contracting agency shall undertake joint detailed inspection along withEngineer-in-charge/A.en., at least once in three months in case of allRoads/Bridge/C.D. works. The engineer-in-charge can reduce this frequency incase of emergency. The contracting agency shall forward to the Engineer-inchargethe record of inspection and rectification within 15 days after the jointinspection. The contracting agency shall pay particular attention on those roadsections, which are likely to be damaged during rainy seasons.3.1.2 One register has to be maintained by every A.En for recording the inspectiondetails of works in his jurisdiction under defect liability period.3.2 Conditions regarding security deposit3.2.1 Security for DLP – The contracting agency shall have to furnish security depositin the form of Bank Guarantee for DLP as per requirements of clause 37(e) ofContract Agreement, valid from the date of completion, which shall be assignedby the engineer-in-charge.3.2.2 Forfeiture of SD – In case contracting agency fails of rectify the defects withinstipulated period notified to him by the Engineer-in-charge concerned undercontract agreement, the engineer-in-charge shall serve a final notice or 15 daystime reckoned from the date of issue of notice to rectify the defects. In case thecontracting agency not responding to the notice and fails in rectification of defectsthe Engineer-in-charge will get the defects removed at the risk and cost of thecontracting agency. Action such as encashment of Bank Guarantee and actionunder enlistment rules etc. shall also be taken against the contracting agency bythe competent authority.3.2.3 Force Majeure – The defect arises due to earthquake, cyclone, and naturalcalamities shall not be the responsibility of contracting agency.Signature of ContractorExecutive EngineerRaj. State Agri. Market. BoardDiv. BaranSignature of ContractorExecutive Engineer

AWARD OF CONTRACTBOARD’S RIGHT TO ACCEPT ANY BID AND REJECT ANY OR ALL BIDS:The Board reserves the rights to accept or reject any Tender, and to annual thebidding process and reject all Tenders, at any time prior to award of contract,without thereby incurring any liability to the affected Tender or Tenderers or anyobligation, to inform the affected bidder or bidders of the grounds for the Board’saction.NOTIFICATION OF AWARD:2.1 Prior to the expiry of the period of bid validly prescribed by the Board, theBoard will notify the successful bidder by cable confirmed in writing byregistered latter that his bid has been accepted. This letter communicationnotification of award shall name the sum which the board will pay to thecontractor in consideration of the execution, completion and maintenanceof the works by the contractor as prescribed by the contract (hereinafterand in the condition of contract called the contract price.).2.2 The notification of award will constitute the formation of the contract; and2.3 The Board will promptly notify the unsuccessful bidders that their bidshave been unsuccessful.3. SIGNING OF AGREEMENT3.1 Failure of the successful bidder to comply with the requirements of clause-3 shall constitute sufficient grounds for the annulment of the award andforfeiture of the bid security.4. CONSTRUCTION PROGRAMME4.1 With the time stated in sub-clause 4.4 of this clause. The contractor shallafter the acceptance of his tender, submit to the Engineer for his approvala program together with bar chart/PERT chart proposed deployment ofmachinery etc. showing the order of procedure in which he proposes tocarryout the works. The contractor shall provide in writing generaldescription, the arrangements, deployment of equipment’s, work planningand methods, which the contractor proposes to adopt for the execution ofworks.4.2 If at any time it should appear to the Engineer that actual progress of thework does not conform to the approved programme referred to sub-clause(1) of this clause, the contractor shall produce at the request of theengineers revised program showing the modifications to the approvedprogramme necessary to ensure completion of the works within the timefor completion as defined in clause 5 of special condition of contract.4.3 The submission to and approval by the Engineer of such programs of thefurnishing of such particulars shall not relieve the contractor of any of hisduties or responsibilities under contract.4.4 The contractor shall submit within 20 days after the date of notice toproceed with the work a detailed quarterly construction programme to suitSignature of ContractorExecutive Engineer

the programme of completion given in clause 5 of special condition ofcontract for the entire contract period. This programme shall be reviewedand revised every quarterly at the beginning of the working season to plantimely action for making up the slippages period of completion (includingmile stone) as extended from time to time.5. MATERIALS, WORKMANSHIPAll materials and workmanship shall be of the respective kinds described in thecontract and in accordance with the Engineer’s instruction and shall be subjectfrom time to time to such tests as the engineer may direct at the place ofmanufacture of fabrication or on the site or at such others place or places as maybe specified in the contract or at all or any of such places, The contractor shallinstall quality control laboratory and provide such assistance, instruments,machines labour and material as are normally required for examining, measuringand testing in any work and the quality, weight or quantity of any material usedand shall supply samples of materials before incorporation in the works for testingas may be selected and required by the Engineer.Signature of ContractorExecutive EngineerRaj. State Agri. Market. BoardDiv. BaranSignature of ContractorExecutive Engineer

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS1. All works, proposed for execution by Contract, will be notified in a form ofinvitation to tender pasted on public places and on a board hung up in the officeof and signed by the Administrator/ Chairman or other duly authorised Engineerof RSAMB.The form of invitation to tender will state the work to be carried out, as well as thedate of submitting and opening of tender and the time allowed for carrying out thework, also the amount of Earnest Money to be deposited and the tender and theamount of the Security Deposit to be deposited by the successful tenderer andthe percentage, if any, to be deducted from bills, Copies of the specifications,designs and drawings and estimated rates/ scheduled rates and any otherdocuments required in connection with the work signed for the purpose ofidentification by the Executive Engineer shall be open for inspection by thetenderer at the office of the Administrator/ Chairman or other duly authorisedEngineer of RSAMB by the Administrator during office hours.2. In the event of the tender being submitted by a firm, it must be signed separatelyby each partner, thereof, or in the event of the absence of any partner, it must besigned on his behalf, by a person holding a power of Attorney, authorising him todo so. Such power of Attorney will be submitted with the tender and it disclosethat the firm is duly registered under the Indian partnership Act, by submitted thecopy of registration certificate.3. Receipts for payments, made on account of a work when executed, by a firmmust also be signed by the several partners, except where the contractors aredescribed in their tender as a firm, in which case the receipts must be signed inthe name of the firm by one of the partners or by some other person havingauthority to give effectual receipts for the firm.4. Any person, who submits percentage rate tender, shall fill up the usual printedform stating at how much percent above or below the rates specified in ScheduleG, he is willing to undertake the work Only one rate of percentage, more or less,on all the estimated rates/scheduled rates shall be mentioned. Tenders, whichpropose any alternation in the work, specified in the said form of invitation totender, or in the time allowed for carrying out the work, or which contain any otherconditions of any sort, will be liable to rejection. No single tender shall includemore than one work, but Contractors, who wish to tender for two or more works,shall submit a separate tender for each work. Tenders shall have the name andnumber of work, to which they refer, written outside the envelope.5. The Administrator/Chairman or other duly authorised Engineer of RSAMB willopen the tenders in the presence of any contractor(s) or their authorisedrepresentatives who may be present at that time, and will announce and enter therates/amounts of all tenders in the Register of opening of Tenders, (Form RPWA20 A). In the event of the tender being accepted, a receipt for the Earnest Moneydeposited shall be given to the Contractor, who shall sign copies of thespecifications and other documents mentioned in Rule 1. In the event of a tenderbeing rejected, the Earnest Money forwarded with such unaccepted tenders shallbe returned to the Contractor making the same.6. The Administrator/Chairman or other duly authorised Engineer of RSAMB shallhave the right of rejection all or any of the tender without assigning any reason.7. The receipt of an Accountant, Cashier or any other official, not authorised toreceive such amount, will not be considered as an acknowledgement of paymentto the Administrator/Chairman or other duly authorised Engineer of RSAMB.Signature of ContractorExecutive Engineer

8. The memorandum of work tendered for, memorandum of materials and of toolsand plant to be supplied by the Department and their rates, shall be filled in andcompleted in the office of the Administrator/Chairman or duly authorised Engineerbefore the tender form is issued.9. If it is found that the tender is not submitted in proper manner, or contains toomay corrections and or unreasonable rates or amounts, it would be open for theEngineer-in-charge not to consider the tender, forfeit the amount of earnestmoney and/or delist the contractor.10. The tenderer shall sign a declaration under the Official Secrets Act formaintaining secrecy of the tender documents, drawings or other recordsconnected with the work given to him in from givEn below. The unsuccessfultenderers shall return all the drawings given to them.Declaration“I/We hereby declare that I/We shall treat the tender documents, drawings andother records, connected with the work, as secret confidential documents, andshall not communicate information derived thereform to any person other than aperson to whom I/We am/are authorised to communicate the same or use theinformation in any manner prejudicial to the safety of the same”.11. Any percentage rate tender containing item-wise rates, and any item rate tendercontaining percentage rate below or above estimated/scheduled rates, will besummarily rejected. However, if a tenderer voluntarily offers a rebate for paymentwithin a stipulated period, this may be considered.12. On acceptance of the tender, the name of the accredited representative(s) of theContractor (with a photograph and signature attested), who would be responsiblefor taking instructions from the Engineer in charge of RSAMB, shall becommunicated to the Engineer-in-charge.13. Sales tax or any other tax on materials, or Labour Welfare Ces or Income Tax inrespect of the contract shall be governed by Clause 36 A, B, C and D of theConditions of Contract. Deduction of Income Tax at source will be made as perprovisions of the Income Tax Act, in force from time to time.14. The tender to work shall not be witnessed by a Contractor or Contractors whohimself/themselves has/have tendered or who may and has/have tendered forthe same work. Failure to observe the secrecy of the tenders will render tendersof the contractors, tendering as well as witnessing the tender, liable to summaryrejection.15. If on check, there are some discrepancies following procedure shall be followed :-(1) Where there is a difference between the rates in figures and words, lowerof the two rates shall be taken as valid and correct rate.(2) When the rate quoted by, the contractor in figures and in words tallies, butthe amount is not worked out correctly, the rate quoted by the contractorshall be taken as correct and not the amount worked out.(3) While quoting rates, if rate/rates against any item or items are found to beomitted, the rate given in the Schedule ‘G’ by the department will be takeninto account while preparing comparative statement and contractor shallbe bound to execute such item on ‘G’ schedule rates.(4) In case where percentage is given but the ‘above’ or ‘below’ not scored,the tender will be non-responsive.Signature of ContractorExecutive Engineer

16. The contractor shall comply with the provisions of the Apprenticeship Act, 1961,and the rules and orders issued, thereunder, from time to time. If he fails to do so,his failure will be a breach of the contract and the original sanctioning authority inhis discretion may cancel the contract. The contractor shall also be liable for anypecuniary liability arising on account of violations by him of the provisions of theAct.17. The contractor shall read the specifications and study the working drawingcarefully before submitting the tender.18. The site for execution of the work will be made available as soon as the work isawarded. In case, it is not possible for the Department to make the entire siteavailable on the award of the work, the Contractor shall arrange his workingprogram accordingly. No claim, whatsoever, for not giving the site in full on awardof the work or for giving the site gradually in parts will be tenable. The contractormay satisfy himself regarding site, acquisition of land, of land, approach roadsetc.19. The tender documents show already the specific terms and conditions on whichtenders are required by RSAMB Hence, all tenders should be in strict conformitywith the tender documents and should be fulfilled in, wherever necessary, andinitialed. Incomplete tenders are liable to be rejected, The terms and conditions ofthe tender documents are firm, as such conditional tenders are liable to berejected.20. The tenderer, while submitting tender, must provide adequate informationregarding his financial, technical and organisational capacity and workingexperience to execute the work of the nature and magnitude.21. The Administrator/Chairman or other duly authorised Engineer reserves ofRSAMB the right to ask for submission of samples as in respect of materials forwhich the tenderer has quoted his rates before the tender can be considered foracceptance. If the tenderer, who is called upon to do so, doesn’t submit withinseven days of written order to do so, the Engineer-in-charge shall be at liberty toforfeit the said earnest money absolutely.22. The Contractor shall submit the list of the works, which are in hand (progress), inthe following form.Name ofWorkName and particular ofthe Sub-Division/Division,where work is beingexecutedAmountof workPosition ofworks inprogressRemarks1 2 3 4 523. The contractor should quote his rates only in one language i.e. either in Hindi orEnglish; Rates should be quoted in figures as well as in words. In case aContractor has quoted rates in both the languages, and the rates so quoted differ,then the lower of the two shall be treated as the rate quoted by the Contractor.24. All additions, corrections and overwriting, must be serially numbered and attestedby the Contractor at every page, so also by the officer opening the tenders, so asto make further disputes impossible on this score.Signature of ContractorExecutive Engineer

25. After acceptance of the tender, the Contractor or all partners (in the case of partnershipfirm) or his authorised person, will append photographs and signatures duly attested, atthe time of execution of agreement.26. If any contractor, who having submitted a tender does not execute the agreement or startthe work or does not complete the work and the work has to be put to retendering, he shallstand debarred from participating in such retendering in addition to forfeiture of EarnestMoney/Security Deposit and other action under agreement.27. The tender documents shall be issued to those contractors only having valid enlistment ason the date of issue documents.28. (a) If a tenderer reduces the rates voluntarily after opening of the tenders/negotiations,his offer shall stand cancelled automatically, his earnest money shall be forfieted andaction for debarring him from business shall be taken as per enlistment rules.(b) If a non-tenderer offers lower rates after opening of tenders, action for debarring himfrom business shall be taken as per enlistment rules.29. Contractors shall submit only unconditional tenders. Conditional tenders are liable to berejected summarily.Tender for WorksI/We hereby tender for the execution for Administrator/Chairman of RSAMB of the workspecified in the underwritten memorandum within the time specified in such memorandum at therates, (in figures) ……......% (as well as in words) ………….........................................……Percent below/above the amount, entered in the schedule G in all respects in accordance with thespecification, designs, drawings and instructions in writing referred to in Rule 1 in all respects inaccordance with such conditions so far as applicable. I/We have visited the site of work andam/are fully aware of all the difficulties and conditions likely to affect carrying out the work.I/We have fully acquainted myself/ourselves about the conditions in regard to accessibility of siteand quarries/kilns, nature and the extend of ground, working conditions including stacking ofmaterials, installation of tools & plant, conditions effecting accommodation and movement oflabour etc. required for the satisfactory execution of contract.General description of work :Estimated Cost Rs. 85.00 lacsMemorandumConstruction of Cement Concrete Internal Roads at MainMandi Yard Under KUMS Khanpur(a)Earnest money Rs. 170000/- @ 2% for enlisted contractors outside their zone andRs. 42500/- @ 1/2% within their zone of enlistment.(b) Security Deposit :“The security deposit @ 10% of the gross amount of the running bill shall be deducted from eachrunning bill and shall be refunded as per rules on completion of the contract as per terms andconditions. The earnest money deposited shall however be adjusted while deducting securitydeposit from the first running bill of the contractor. There will be no maximum limit of securitydeposit.A contractor may, however, elect to furnish bank guarantee or anyacceptable form of security for an amount equal to the full amount ofsecurity deposit @ 10% of the work order before or at the time ofexecuting the agreement. In that case, earnest money may be refundedonly after furnishing of the bank guarantee as above. During the executionof the work or after completion of the work also a contractor may replacethe security deposit by furnishing bank guarantee for an equal amount.Signature of ContractorExecutive Engineer

However, during execution of the work if cost of work exceeds as shownat the time of furnishing bank guarantee, balance security deposit shall bededucted from the Running Account Bills(i)Bank Guarantee shall in all cases be payable at the headquarter of theDivision or the nearest District Headquarters.(c)Time allowed for the completion of work (to be reckoned from the 10 th day afterthe date of written order to commence the work) is 08 Months Should this tenderbe accepted in whole or in Part, I/We hereby agree to abide by and fulfill all theterms and provisions of the conditions of contract annexed hereto and of theNotice inviting Tender, or in default thereof, to forfeit and pay to theAdministrator/Chairman or his successors in office or duly authorised engineer,the sum of money mentioned in the said conditions.A sum of Rs _________ is forwarded herewith in the form of Cash, Bank Draft,Bankers Cheque as earnest as Earnest Money. This amount of earnest moneyshall absolutely be forfeited by the Administrator/Chairman of RSAMB or hissuccessor in office or engineer-in-charge without prejudice to any other right orremedies of Administrator/Chairman of RSAMB or his successor in his office orengineer-in-charge, should I/We fail to commence the work specified in the abovememorandum.Signature of WitnessWitness address & occupationSignature of ContractorAddress of ContractorDateThe above tender is hereby accepted by me on behalf of the Administrator/Chairman of RSAMBDated theEngineer-in-chargeSignature of ContractorExecutive Engineer

Conditions of ContractClause 1 : Security Deposit“The security deposit @ 10% of the gross amount of the running bill shall bededucted from each running bill and shall be refunded as per rules on completion of thecontract as per terms and conditions. The earnest money deposited shall however beadjusted while deducting security deposit from the first running bill of the contractor.There will be no maximum limit of security deposit.A contractor may, however, elect to furnish bank guarantee or any acceptableform of security for an amount equal to the full amount of security deposit @ 10% of thework order before or at the time of executing the agreement. In that case, earnest moneymay be refunded only after furnishing of the bank guarantee as above. During theexecution of the work or after completion of the work also a contractor may replace thesecurity deposit by furnishing bank guarantee for an equal amount. However, duringexecution of the work if cost of work exceeds as shown at the time of furnishing bankguarantee, balance security deposit shall be deducted from the Running Account Bills”All compensation or other sums of money payable by the Contractor to RSAMBunder the terms of his contract may be deducted from or paid by the sale of a sufficientpart of his Security Deposit, or from interest arising therefrom, or from any sums, whichmay be due or may become due to the Contractor by the RSAMB on any accountwhatsoever, and in the event of his Security Deposit being reduced by reason of any suchdeduction or sale as aforesaid, the Contractor shall within ten days thereafter, make goodin case or Bank Guarantee of Nationalised/Scheduled bank, as aforesaid, any sum or sumswhich may have been deducted from or raised by sale of his Security Deposit or any partthereof.In case of Bank Guarantee of any Nationalised/Scheduled Bank is furnished bythe contractor to the RSAMB, as part of the Security Deposit and the bank goes intoliquidation or, for any reason, is unable to make payment against the said BankGuarantee, the loss caused thereby shall fall on the contractor and the contractor shallforthwith, on demand, furnish additional security to the RSAMB to make good the deficit.The liability of obligation of the bank under the Guarantee Bond shall not beaffected or suspended by any dispute between the Engineer-in-charge and the Contractor,and the payment, under the Guarantee Bond by the bank to the RSAMB shall not wait tilldispute are decided. The bank shall pay the amount under the Guarantee, without anydemur. Merely on demand from the RSAMB stating that the amount claim is required tomeet the recoveries due or likely to be due from the Contractor. The demand, so made,shall be conclusive as regards to amount due and payable by the bank, under theguarantee limited to the amount specified in the Guarantee Bond. The guarantee will notbe discharged due to the change in the constitution of the Bank or the Contractor.The Bank Guarantee shall remain valid upto the specified date unless extended ondemand by the Engineer-in-charge, which shall include the period of completion of thecontract and the defect removal period as per terms of the Agreement. Bank’s liabilityshall stand automatically discharged unless a claim in writing is lodged with the Bankwithin the period stated in the Bank Guarantee including the extended period. Aftersatisfactory completion of the contract and clearance of all dues by the Contractor, theSignature of ContractorExecutive Engineer

Administrator/Chairman or duly authorised Engineer of RSAMB will discharge the BankGuarantee after expiry of the Bank Guarantee is a holiday it will be deemed to expire onthe close of the next working day.RSAMB is not concerned with any interest accruing to the Contractor on any formof Security (primary of collateral) lodged by him with the bank or any sums payable tosureties obtained by the Bank as counter guarantee to secure its own position. These willbe the matters between the Bank and the Contractor.Clause 2 : Compensation for delayThe time allowed for carrying out the work, as entered in the tender, shall bestrictly observed by the Contractor and shall be reckoned from the 10 th day after the dateof written order to commence the work given to the Contractor. If the contractor does notcommence the work within the period specified in the work order, he shall stand liable forthe forfeiture of the amount of Earnest Money and Security Deposit. Besides, appropriateaction may be taken by the Engineer-in-charge/ Competent authority to debar him fromtaking part in future tenders for a specified period or black list him. The work shall,through-out the stipulated period of completion of the contract, be proceeded with all duediligence, time being essence of the contract, on the part of the Contractor. To ensuregood progress during the execution or work, the Contractor shall be bound, in all cases inwhich the time allowed for any work exceeds one month (save for special jobs), tocomplete 1/8 th of the whole of the work before 1/4 th of the whole time allowed under thecontract has elapsed, 3/8 th of the work before ½ of such time has elapsed and 3/4 th of thework before 3/4 th of such time has elapsed. In the Contractor fails to complete the work inaccordance with this time schedule in terms of cost in money, and the delay in executionof work is attributable to the Contractor, the Contractor shall be liable to paycompensation to the RSAMB at every time span as below:-A. Time Span of fullstipulated period1/4 th(…..days)1/2 th(….. days)3/4 th(……. days)Full(……. days)B. Work to becompleted in termsof money1/8 th(Rs……..)3/8 th(Rs……..)3/4 th(Rs……..)Full(Rs……..)C. Compensationpayable by thecontractor for delayattributable tocontractor at thestage of:Delay upto one fourth period of the prescribed time span-2.5% of the work remained unexecutedDelay exceeding one fourth period but not exceeding halfof the prescribed time span-5% of the work remainedunexecutedDelay exceeding half of the prescribed but not exceedingthree forth of the time span-7.5% of the work remainedunexecuted.Delay exceeding three forth of the prescribed time span-10% of the work remained unexecutedNote : The compensation, levied as above, shall be recoverable from the Runningaccount Bill to be paid immediately after the concerned time span. Totalcompensation for delays shall not exceed 10 percent of the total value of the work.Signature of ContractorExecutive Engineer

In case delayed period over a particular span is split up and is jointly attributableto government and contractor, the competent authority may reduce thecompensation in proportion of delay attributable to Board over entire delayedperiod over that span after clubbing the split delays attributable to board and thisreduced compensation would be applicable over the entire period without payingany escalation.The contractor shall, further, be bound to carry out the work in accordance withthe date and quantity entered in the progress statement attached to the tender.In case the delay in execution of work is attributable to the contractor, the spanwise compensation, as laid down in this clause shall be mandatory. However, incase the slow progress in one time span is covered up within original stipulatedperiod, then the amount of such compensation levied earlier shall be refunded.The Price escalation, if any, admissible under clause 45 of Conditions of contractwould be admissible only on such rates and cost of work, as would be admissibleif work would have been carried out in that particular time span. The Engineer-inchargeshall review the progress achieved in every time span, and grant stage wiseextension in case of slow progress with compensation, if the delay is attributableto contractor, otherwise without compensation.However, if for any special job, a time schedule has been submitted by theContractor before execution of the agreement, and it is entered in agreement aswell as same has been accepted by the Engineer-in-charge, the Contractor shallcomplete the work with in the said time schedule. In the event of the Contractorfailing to comply with this condition, he shall be liable to pay compensation asprescribed in forgoing paragraph of this clause provided that the entire amount ofcompensation to be levied under the provisions of this Clause shall not exceed10% of the value of the contract. While granting extension in time attributable tothe RSAMB, reasons shall be recorded for each delay.Clause 3 : Risk & Cost ClauseThe Engineer-in-charge or the Competent Authority of RSAMB defined underrules may, without prejudice to his rights against the Contractor, in respect of any delayor inferior workmanship or otherwise, or to any claims for damages in respect of anybreaches of the contract and without prejudice to any rights or remedies under any of theprovisions of this contract or otherwise, and whether the date for completion has or hasnot elapsed, by notice in writing, absolutely determine the contract in any of the followingcases :-(i)If Contractor having been given by the Engineer-in-charge, a notice in writing torectify, reconstruct or replace any defective work is being performed in anyinefficient or otherwise improper or unworkman like manner, shall omit to complywith the requirements of such notice for a period of seven days, thereafter, or ifthe Contractor shall delay or suspend the execution of the work so that either inthe judgment of the Engineer-in-charge (which shall be final and binding) he willbe unable to secure completion of the work by the date for completion or he hasalready failed to complete the work by that date.Signature of ContractorExecutive Engineer

(ii)(iii)(iv)If the Contractor, being a company, shall pass a resolution or the Court shall makean order that the company shall be wound up or if a receiver or a manager, onbehalf of a creditor, shall be appointed or if circumstance shall arise, which entitlethe Court or Creditor to appoint a receiver or a manager or which entitle the Courtto make a winding up order.If the contractor commits breach of any of the terms and conditions of thiscontract.If the contractor commits any acts mentioned in Clause 19 hereof.When the contractor has made himself liable for action under any of the casesaforesaid, the Engineer-in-charge on behalf of the RSAMB shall have powers:-(a)(b)(c)To determine or rescind the contract, as aforesaid (of which determinationor recession notice in writing to the Contractor under the hand ofEngineer-in-charge shall be conclusive evidence), upon such determinationor rescission, the earnest money, full security deposit of the contract shallbe liable to be forfeited and shall be absolutely at the disposal of RSAMB.To employ labour paid by the RSAMB and to supply materials to carry ourthe work or any part of the work, debiting the Contractor with the cost ofthe labour and the price of the materials (of the amount of which cost andprice certified by the Engineer-in-charge shall be final and conclusiveagainst the Contractor) and crediting him with the value of the work donein all respects in the same manner and at the same rates, as if it had beencarried out by the Contractor under the terms of this contract. Thecertificate of the Divisional Officer, as to the value of the work done, shallbe final and conclusive evidence against the Contractor provided alwaysthat action under the sub-clause shall only be taken after giving notice inwriting to the Contractor. Provided also that if the expenses incurred bythe department are less than amount payable to the Contractor at hisagreement rates, the difference shall not be paid to the Contractor.After giving notice to the Contractor to measure up the work of thecontractor and to take such part thereof, as shall be unexecuted out of hishands and to give it to another Contractor to complete, in which case anyexpenses which may be incurred in excess of the sum which would havebeen paid to the original Contractor, if the whole work had been executedby him (of the amount of which excess, the certificate in writing of theEngineer-in-charge shall be final and conclusive) shall be borne and paidby the original Contractor and may be deducted from any money due tohim by RSAMB under this contract or on any other account, whatsoever,or from his Earnest Money, Security Deposit, Enlistment Security or theproceeds of sales thereof, or a sufficient part thereof, as the case may be.In the event of any one or more of the above courses being adopted by theEngineer-in-charge, the Contractor shall have no claim to compensationfor any loss sustained by him reasons of his having purchased or procuredany materials or entered into any engagements or made any advances onaccount or with a view to the execution of the work or the performance ofcontract. And, in case action is taken under any of provisions aforesaid, theSignature of ContractorExecutive Engineer

Contractor shall not be entitled to recover or be paid, any sum for anywork thereof or actually performed under this contract unless and until theEngineer-in-charge has certified, in writing, the performance of such workand the value payable in respect thereof, and he shall only be entitled to bepaid the value so certified.Clause 4: Contractor remains liable to pay compensation, if action not taken underClause 3(i)In any case in which any of the powers conferred by Clause 3 hereof, shall havebecome exercisable and the same shall have not been exercise, the non-exercise,thereof, shall not constitute waiver of any of the conditions hereof, and suchpower shall, not with standing, be exercisable in the event of any future case ofdefault by the Contractor for which, by any clause or clause hereof, he is declaredliable to pay compensation amounting to the whole of his SecurityDeposit/Performance Guarantee/ Earnest Money/ Enlistment security and theliability of the Contractor for past and future compensation shall remainunaffected.Powers to take possession of, or require removal, sale of Contractor’s Plant.(ii)In the event of the Engineer-in-charge putting in force, powers vested in himunder the preceding Clause 3 he may, if he so desires, take possession of all or anytools, plants, materials and stores, in or upon the works or the site, thereof, orbelonging to the contractor or procured by him and intended to be used for theexecution of the work or any part thereof, paying or allowing for the same inaccount, at the contract rates or, in case of these not being applicable, at currentmarket rates, to be certified by the Administrator/ Chairman or duly authorisedEngineer (whose certificate, thereof, shall be final and conclusive), otherwise theEngineer-in-charge may, by notice in writing to the contractor or his clerk of theworks, foreman or other authorised agent, require him to remove such tools, plant,materials or stores from the premises (within a time to be specified in suchnotice), and in the event of the Contractor failing to comply with any requisition,the Administrator/Chairman or other duly authorised Engineer may remove themat the Contractor’s expenses, sell them by auction or private sale on account of theContractor and at his risk in all respects, and the certificate of the Administrator/Chairman or other duly authorised Engineer, as to the expense of any suchremoval, and the amount of the proceeds and expense of any such sale shall befinal and conclusive against the Contractor.Clause 5 : Extension of TimeIf the Contractor shall desire an extension of time or completion of the work onthe ground of his having been unavoidably hindered in its execution or on any othergrounds, he shall apply, in writing, to the Engineer-in-charge within 30 days of the date ofthe hindrance, on account of which he desires such extension as aforesaid, and theAuthority Competent to grant extension under the rules/delegations of powers or otherduly authorised Engineer shall, if in his opinion, (which shall be final) reasonable groundsbe shown thereof, authorise such extension of time, if any, as may, in his opinion, benecessary or proper, if the period of completion of contract expires before the expiry ofthe period of one month provided in this Clause, the application for extension shall beSignature of ContractorExecutive Engineer

made before the expiry of the period stipulated for completion of the contract. Thecompetent authority shall grant such extension at such occasion within a period of 30days of receipt of application from contractor and shall not wait for finality of work. Suchextensions shall be granted in accordance with provisions under clause (2) of thisagreement.Clause 5 A : Monthly Return of Extra ClaimsContractor has to submit a return every month for any work claimed as extra. TheContractor shall deliver the return in the office of the Executive Engineer and obtainReceipt Number of the Receipt Register of the day on before 10 th day of every monthduring the continuance of the work covered by this contract, a return showing details ofany work claimed as extra by the contractor which value shall be based upon the rates andprices mentioned in the contract or in the Schedule of Rates in force in the District for thetime being. The contractor shall be deemed to have waived all claims, not included insuch return, and will have no right to enforce any such claims not included, whatsoeverbe the circumstances.Clause 6 : Final CertificateOn completion of the work, the Contractor shall send a registered notice to theEngineer-in-charge, giving the date of completion and sending a copy of it to the officeraccepting the contract, on behalf of the Administrator and shall request the Engineer-inchargeto give him a certificate of completion, but no such certificate shall be given norshall the work be considered to be complete until the contractor shall have removed fromthe site on which the work shall be executed, all scaffolding, surplus materials andrubbish and cleared off the dirt from all wood work, doors, walls, floors or other parts ofany building in, upon or about which the work is to be executed or of which he may havepossession for the execution thereof, he had filled up the pits. If the contractor shall fail tocomply with the requirements of this Clause as to removal of scaffolding, surplusmaterials and rubbish and cleaning off dirt and filling of pits on or before the date fixedfor completion of the work, the Engineer-in-charge may, at the expense of the contractor,remove such scaffolding, surplus materials and the rubbish and dispose of the same, as hethinks fir, and clean off such dirt and fill the pits, as aforesaid, except for any sumactually realised by the sale thereof. On completion, the work shall be measured by theEngineer-in-charge himself or through his subordinates, whose measurements shall bebinding and conclusive against the contractor. Provided that, if subsequent to the takingof measurements by the subordinate, as aforesaid, the Engineer-in-charge had reason tobelieve that the measurements taken by his subordinates are not correct, the Engineer-inchargeshall have the power to cancel the measurements already6 taken by hissubordinates and acknowledged by the Contractor and to take measurements again, aftergiving reasonable notice to the Contractor, and such re-measurements shall be binding onthe Contractor.Within ten/thirty days of receipts of the notice, Engineer-in-charge shall inspectthe work and if there is no visible defects on the face of the work, shall give theContractor, a certificate of completion. If the Engineer-in-charge finds that the work hasbeen fully completed, it shall be mentioned in the certificate so granted. If, on the otherhand, it is found that there are certain visible defects to be removed, the certificate to begranted by Engineer-in-charge shall specifically mention the details of the visible defectsSignature of ContractorExecutive Engineer

along with the estimate of the cost for removing these defect. The final certificate of workshall be given after the visible defects pointed out as above have been removed.(delete whichever is not applicable). (Ten days will apply to works at the headquarters ofEngineer-in-charge and thirty days for works at other place.)Clause 7 : Payment on Intermediate Certificate to be regarded as advanceNo payments shall be made for works estimated to cost less than rupees twentyfive thousand, till after the whole of the works shall have been completed and a certificateof completion given. But in the case of works estimated to cost more than Rupees twentyfive thousand, the contractor shall on submitting the bill therefor, be entitled to receive amonthly payment proportionate to the part, thereof, then approved and passed by theEngineer-in-charge, whose certificate of such approval and passing of sum, so payable,shall be final and conclusive. Running Account Bill shall be paid within 15 days frompresentation. But all such intermediate payments shall be regarded as payments by way ofadvance against the final payment only and not as payments or work actually done andcompleted, and shall not preclude the requiring of bad unsound and imperfect orunskillful work to be removed and taken away and re-construction or re-erected, orconsidered as an admission of the due performance of the contract or any part thereof, inany respect, or the accuring of any claim, nor shall it conclude, determine or effect in anyfinal settlement and adjustment of the account or otherwise or in any other way very oraffect the contract. The final bill shall be made/submitted by the Contractor with in onemonth of the date fixed for completion of the work otherwise the Engineer-in-charge’scertificate of the measurement and of the total amount payable for the work accordinglyshall be final and binding on all parties.Clause 7A: Time Limit for Payment of Final BillsThe final bill shall be paid within three months on presentation by the contractorafter issuance of final completion certificate in accordance with clause 6 of the conditionsof contract. If, there shall be any dispute about any item (s) of the work, then theundisputed item (s) only, shall be paid within said period of three months. If a final bill(which contains no disputed item or disputed amount of any item) is not paid within theperiod of three month from presentation of final bill or six months from the date of receiptof registered notice regarding completion of work in accordance with clause six of theconditions of the contract, the defects, if any, shall be brought to the notice of the higherauthority. The period of 3 months shall commence from the date of rectification of thedefects. The higher authority shall ensure that in no case final bill should be left unpaidafter 9 months from the receipt of registered notice regarding completion of work. Thecontractor shall submit a memorandum of the disputed items along with justification insupport within 30 days from the disallowance thereof, and if he fails to do so, his claimsshall deemed to have been fully waived and absolutely extinguished.Clause 8: Bills to be submitted monthlyA bill shall be submitted by the Contractor each month on or before the date fixeby Engineer-in-charge for all work executed in the previous month and the Engineer-inchargeshall take or cause to be taken the requisite measurement of the purpose of havingthe same verified and the claim, as far as admissible, authorised or paid, if possible beforethe expire of ten days from the presentation of the bill. If the Contractor does not theSignature of ContractorExecutive Engineer

submit the bill within the time fixed, as aforesaid, the Engineer-in-charge may depute asubordinate to measure up the said work in the presence of the Contractor, whosesignature in the Measurement Book will be sufficient warrant and the Engineer-in-chargemay prepare a bill from such Measurement Book, which shall be binding on theContractor in all respects.Clause 8A: Contractor to be given time to file objection to the Measurementsrecorded by the DepartmentBefore taking any measurement of any work, as have been referred to in precedingClauses 6,7 & 8 the Engineer-in-charge or a subordinate, deputed by him, shall givereasonable notice to the Contractor. If the Contractor fails to be present at the time oftaking measurements after such notice or fails to sign or to record the difference within aweek from the date of measurement in the manner required by the Engineer-in-charge,then in any such event, the measurement taken by the Engineer-in-charge or by thesubordinates deputed by him, as the case may be shall be final and binding on theContractor and the Contractor shall have no right to dispute the same.Clause 8B: Recovery of cost of preparation of the billIn case of contractor of Class "A" & "AA" do not submit the bill within timefixed, the Engineer-in-charge may prepare the bill as per provision of clause 8 of thecondition of contract and a deduction of @ 0.50% of amount of such a bill shall be madeand credition of contract and a deduction of @ 0.50% of amount of such a bill shall bemade and credited to the general revenue on account of preparation of bill.Clause 9 : Bills to be on printed formsThe Contractor shall submit all bills on the printed forms, to be held onapplication, at the office of the Engineer-in-charge and the charges in the bills shallalways be entered at the rates specified in the tender or in the case of any extra workordered in pursuance of these conditions, and not mentioned or provided for in the tender,at the rates hereinafter provided for such work.Clause 9A : Payments of Contractor’s Bills to BanksPayments due to the Contractor may if so desired by him, be made to his Bankinstead of direct to him, provided that the contractor has furnished to the Engineer-incharge(i) an authorisation in the form of a legally valid documents, such as a Power ofAttorney conferring authority on the Bank to received payments, and (ii) his ownacceptance of the correctness of the account made out, as being due to him, by RSAMB,or his signature on the bill or other claim preferred against RSAMB before settlement bythe Engineer-in-charge of the account or claim, by payment to the Bank. While the receiptgiven by such bank shall constitute a full and sufficient discharge for the payment, theContractor should, whenever possible, present his bill duly receipted and dischargedthrough his Banker. Nothing, herein contained, shall operated to create in favour of theBank any rights vis-à-vis the RSAMB.Clause 10 : Stores supplied by RSAMBIf the specification or estimate of the work provides for the use of any specialdescription of material, to be supplied from Engineer-in-charge’s stores, or if, it isrequired that contractor shall use certain stores to be provided by the Engineer-in-chargespecified in the schedule or memorandum hereto annexed, the Contractor shall bound toSignature of ContractorExecutive Engineer

procure and shall be supplied such materials and stores as are, from time to time, requiredto be used by him for the purpose of the contract only, and the value of the full quantity ofmaterials and stores, so supplied, at the rates specified in the said schedule formemorandum, may be set off or which may be deducted from any sum, then due orthereafter become due, to the contractor under the contract or otherwise or against or fromthe Performance Guarantee and/or Security Deposit or the proceeds of sale, if the same isheld in Government securities, the same or a sufficient portion thereof being in this case,sold for this purpose. All materials supplied to the Contractor, either from RSAMB storesor with the assistance of RSAMB, shall remain the absolute property of RSAMB. TheContractor shall be the trustee of the Stores/ Materials, so supplied/ procured, and theseshall not, on any account, be removed from the site of work and shall be, all times, opento inspection by the Engineer-in-charge. Any such material, unused and in perfectly goodcondition at the time of completion or determination or rescinding of the contract, shall bereturned to the Division Officer’s Stores if, by a notice in writing under his hand, he shallso required, he shall be liable to pay the price of such materials in accordance with theprovision of Clause 10 B ibid. But the Contractor shall not be entitled to return any suchmaterials, unless with such consent, and shall have no claim for compensation on accountof any such materials, so supplied to him as aforesaid being unused by him, or for anywastage in or damage to any such materials. For the stores returned by the Contractor, heshall be paid for, at the price originally charged excluding storage charges, in case ofmaterials supplied from departmental stores and actual cost including freight, cartage,taxes etc. paid by the Contractor, in case of supplies received with the assistance ofRSAMB, which, however, should in no case exceed market rate prevailing at the time thematerials are taken back. The decision of the Engineer-in-charge, as to the price of thestores returned, keeping in view its condition etc., shall be final and conclusive. In theevent of breach of trust, pay to the RSAMB, all advantages or profits resulting, or whichin the usual course, would result to him by reason of such breach. Provided that theContractor shall, in no case be entitled to any compensation or damage on account of anydelay in supply, of non-supply thereof, all or any such materials and stores.Clause 10 A : Rejection of materials procured by the ContractorThe Engineer-in-charge shall have full powers to require the removal from thepremises of all materials which in his opinion, are not accordance with the specificationsand, in case of default, the Engineer-in-charge shall be at liberty to employ otherperson(s) to remove the same without being answerable or accountable for any loss ofdamage, that may happen or arise to such materials to be substituted thereof, and in caseof default, Engineer-in-charge may cause the same to be supplied and all costs, whichmay attend such removal and substitution, are to be born by the Contractor.Clause 10 B : Panel rate in case of excess consumptionThe Contractor shall also be charged for the materials consumed in excess of therequirements calculated on the basis of standard consumption approved by thedepartment, at double of the issue rate including storage and supervision charges ormarket rate, whichever is higher. A Material Supply and Consumption Statement, inprescribed From RPWA 35A shall be submitted with every Running Account Bill,distinguishing material supplied by the RSAMB and material procured by the Contractorhimself. The recovery for such material shall be made from Running Account Bill nextafter the consumption and shall not be deferred. Certificate of such nature shall be givenin each Running Account Bill.Signature of ContractorExecutive Engineer

Clause 10 C : Hire of Plant and MachinerySpecial Plant and Machinery, required for execution of the work, may be issued tothe Contractor, if available, on the rates of hire charges and other terms and conditions asper RSAMB Rules, as per Schedule annexed to these conditions. Rates of such Plant &Machinery shall be got revised periodically so as to bring them at par with market rate.Clause 11 : Works to be executed in accordance with Specifications, Drawings,Orders etc.The Contractor shall execute the whole and every part of the work in the mostsubstantial and satisfactory manner and both as regards materials and otherwise in everyrespect, in strict accordance with the Specifications. The Contractors shall also confirmedexactly fully and faithfully to the designs, drawings and instructions in writing relating tothe work signed by the Engineer-in-charge and lodged in his office and to which theContractor shall be entitled to have access at such office or on the site of the work for thepurpose of inspection during office hours and the Contractor shall, if he so require, beentitled, at his own expense, to make or cause to be made copies of specifications and ofall such designs, drawings and instructions, as aforesaid. A certificate of executing worksas per approved design and specifications etc., shall be given on each Running AccountBill.The specifications of work, material, methodology of execution, drawings anddesigns shall be signed by the Contractor and Executive Engineer while executingagreement and shall form part of agreement.Clause 12The Engineer-in-charge shall have power to make any alterations, omissions oradditions to or substitutions for the original specifications, drawings, designs andinstructions, that may appear to him to be necessary during the progress of the work andthe Contractor shall carry out the work in accordance with any instructions which may begiven to him in writing signed by the Engineer-in-charge, and such alterations, omissions,additions or substituted work, which the contractor may be directed to do in the mannerabove specified, as pert of the work, shall be carried out by the contractor on the sameconditions in all respects on which he agreed to do the main work. The time for thecompletion of the work shall be extended in the proportion that the altered, additional orsubstituted work bears to the original contract work, and the certificate of the Engineerin-chargeshall be conclusive as to such proportion. The rates of such additional, alteredor substituted work under this clause shall be worked out in accordance with thefollowing provisions in their respective order:(i)(ii)If the rates for the additional, altered or substituted work are specified in thecontract for the work, the contractor is bound to carry out the additional, altered orsubstituted work at the same rates as are specified in the contract for the work.If the rates for the additional, altered or substituted work are not specificallyprovided in the contract for the work, the such rates will be derived from the ratesfor a similar class of work as are specified in the contract for the work.Signature of ContractorExecutive Engineer

(iii)(iv)(v)If the rates for the altered, additional or substituted work cannot be determined inthe manner specified in the sub-clauses (i) to (ii) above, then the rates for suchcomposite work item shall be worked out on the basis of the concerned Scheduleof Rates of the District/area specified above minus/plus the percentage which thetotal tendered amount bears to the estimated cost of the entire work put to tender.Provided always that if the rate for a particular part or parts of the item is not inthe Schedule of Rates, the rate for such part or parts will be determined by theEngineer-in-charge on the basis of the prevailing market rates when the work wasdone.If the rates for the altered, additional or subsitituted work item can not bedetermined in manner specified in sub-clauses (i) to (iii) above, then thecontractor shall within 7 days of the date of receipt of order to carry out the work,inform the Engineer-in-charge of the rate which it is his intention to charge forsuch class of work supported by analysis of the rate or rates claimed and theEngineer-in-charge shall determine the rate of rates on the basis of prevailingmarket rates, and pay the contractor accordingly. However, the Engineer-incharge,by notice in writing, will be at liberty to cancel his order to carry out suchclass of work and arrange to carry it out in such manner as he may consideradvisable. But under no circumstances, the contractor shall suspend the work onthe plea of non-settlement of rates on items failling under the clause.Except incase of items relating to foundations, provisions contained in sub-clauses(i) to (iv) above shall not apply to contract or substituted items as individuallyexceed the percentage set out in the tender documents under clause 12 A.For the purpose of operation of clause 12 (v) the following work shall betreated as work relating to foundations :-(a)(b)(c)(d)(e)(f)(g)For buildings, compound wall plinth level or 1.2 meters (4 ft.) above ground levelwhichever is lower, excluding items above flooring and D.P.C. but including baseconcrete below the floors.For abutments, piers, retaining wall of culverts and bridges, walls of water reseroirand the bed of floor level.For retaining walls, where floor levels is not determinate 1.2 meters above theaverage ground level or bed level.For roads, all items of excavation and filling including treatment of sub base andsoling work.For water supply lines, sewer lines under ground storm water drains and similarwork, all items of work below ground level except items of pipe work for propermasonry work.For open storm water drains, all items of work except lining of drains.Any other items of similar nature which Engineer-in-charge may decide relatingto foundation.Signature of ContractorExecutive Engineer

Clause 12 AThe rate of any such work, except the items relating to foundations, which is inexcess of the deviation limit shall be determined in accordance with the provisionscontained in Clause 12 A.The quantum of additional work for each item shall not exceed 50% of theoriginal quantity given in agreement and the total value of additional work shall notexceed 20% of the total contract value, unless otherwise mutually agreed by the Engineerin-chargeand Contractor. The limit shall not be applicable on items relating to foundationwork which shall be executed as per original rates or provision of clause 12 (i) to (iv).In case of contract substituted items or additional items, which results inexceeding the deviation limit laid down in this clause except items relating to foundationwork, which the contractor is required to do under clause 12 above, the contractor shallwith-in seven days from the receipt of order, claim revision of the rate supported byproper analysis in respect of such items for quantities in excess of the deviation limitnotwithstanding the fact that the rates for such items exist in the tender for the main workor can be derived in accordance with the provision of sub clause (ii) of clause 12 and theEngineer-in-charge, may revise their rates having regard to the prevailing market ratesand the contractor shall be paid in accordance with the rates so fixed. The Engineer-inchargeshall, however, be at liberty to cancel his order to carryout such increasedquantities of work by giving notice in writing to the contractor and arrange to carry it outin such manner as he may consider advisable. But under no circumstances, the contractorshall suspend the work on the plea of non-settlement of rates of items failing under thisClause.All the provision of the preceding paragraph shall equally apply to the decrease inrates of items for quantities in excess of the deviation limit notwithstanding the fact thatthe rates for such item exist in the tender for the main work or can be derived inaccordance with provision of sub-clause (ii) of the preceding clause 12 and the Engineerin-chargemay revise such rates having regard to the prevailing rates unless otherwisemutually agreed by the Engineer-in-charge and the Contractor.Clause 13 : No compensation for alteration in or restriction of work to be carriedout.If, at any time after the commencement of the work, the RSAMB shall, for anyreason, whatsoever, not require the whole work, thereof, as specified in the tender, to becarried out, the Engineer-in-charge shall give notice, in writing, of the fact to theContractor, who shall have no claim to any payments or compensation, whatsoever, onaccount of any profit or advantage, which he might have derive from the execution of thework in full but which lie did not derive in consequence of full amount of the work nothaving been carried out. Neither, shall he have any claim for compensation by reason ofalterations having been made in the original specifications, drawings and design andinstructions, which shall involve any curtailment of the work, as originally contemplated.Provided, that the Contractor shall be paid the charges for the cartage only, of materialsactually brought to the sight of the work by him for bonafide use and rendered surplus asa result of the abandonment or curtailment of the work or any portion thereof, and takenthem back by the Contractor provided, however, that the Engineer-in-charge shall have,in all such cases, the option of taking overall or any such materials at their purchase priceSignature of ContractorExecutive Engineer

or at local market rates which ever may be less. In the case of such stores, having beenissued from RSAMB Stores, charges recovered including storage charge, shall berefunded after taking into consideration any deduction for claim on account of anydeterioration or damage while in the custody of the contractor, and in this respect thedecision of the Engineer-in-charge shall be final.Clause 14 : Action and compensation payable in case of bad workIf, it shall appear to the Administrator or any authorised authority or the Engineerin-chargeor his subordinates in-charge of the work or to the committee of retiredofficers/officers appointed by the RSAMB for the purpose that any work has beenexecuted with unsound, imperfect or unskillful workmanship, or with material of anyinferior description, or that any materials or articles provided by him for the execution ofwork are unsound or of a quality inferior to that contracted, or otherwise not inaccordance with contract, the Contractor shall on demand in writing from the Engineerin-charge,specifying the work/materials articles complained of, not with standing that thesame may have been inadvertently passed, certified and paid for, will rectify or removeand reconstruct the work, so specified, in whole or in part, as the case may be, remove thematerials or articles, so specified, and provide other proper and suitable materials orarticles, at his own cost and in the event of his failing to do so, within a period to bespecified by the Engineer-in-charge in his demand, as aforesaid, then the Contractor shallbe liable to pay compensation, at the rate of 1%, on the tendered amount of work forevery week not exceeding 10%, while his failure to do so shall continue, and in the caseof any such failure, the Engineer-in-charge may rectify or remove and re-execute thework or remove and replace with others, the materials or articles complained of as thecase may be, at the risk and expense, in all respect of the contractor.Clause 15 :Work to be open to inspection : Contractor or his responsible Agent tobe presentAll work under or in course of execution or executed in pursuance of the contract,shall, at all times be open to inspection and supervision of the Engineer-in-charge and hissuperior officers e.g. Additional Chief Engineer, Superintending Engineer and hissubordinates and any other authorised agency of the RSAMB and the contractor shall, atall times during the usual working hours, and at all other times at which reasonable noticeof the intention of the Engineer-in-charge or his subordinate and any other authorisedagency of RSAMB or committee of retired officer/officers appointed by the RSAMB forthe purpose to visit the works shall have been given to the Contractor, either himself bepresent to receive orders and instructions or have a responsible agent, duly accredited inwriting, present for the purpose. Orders given to the Contractor’s agent shall beconsidered to have the same force as if they had been given to the Contractor himself.Clause 16 : Notice to be given before any work is covered upThe Contractor shall give not less than 7 days notice, in writing, to the Engineerin-chargeor his subordinate-in-charge of the work, before covering up or otherwiseplacing beyond the reach of measurement, any work in order that the same may bemeasured, and correct dimensions thereof, be taken before the same is so covered up orplaced beyond the reach of measurement and shall not cover up or place beyond the reachof measurement any work without the consent in writing of the Engineer-in-charge of thework, and if, any work shall be covered up or placed beyond the reach of measurementwithout such notice having been given or consent obtained, the same shall be uncoveredSignature of ContractorExecutive Engineer

at the Contractor’s expense or in default, thereof, no payment or allowance shall be madefor such work or for the materials, with which the same was executed.Clause 17 : Contractor liable for damage done and for imperfectionsIf the Contractor or his work people or servants shall break, deface, injure ordestroy any part of a building, in which they may be working or any buildings, road,fence, enclosure, or cultivated ground contiguous to the premises on which the work orany part of it is being executed, or if any damage shall happen to the work, while inprogress, from any cause, whatsoever, or any imperfections become apparent in it, withina period specified in Clause 37, after a Certificate, final or otherwise of its completion,shall have been given by the Engineer-in-charge, may cause of the same to be made goodby other workmen and deduct the expense (of which the certificate of the Engineer-inchargeshall be final) from any sums that may be then, or at any time thereafter, maybecome due to the Contractor, or from his security deposit, or the proceeds of salethereof, or of a sufficient portion thereof.Clause 18 : Contractor to supply Plant, Ladders, Scaffolding etc.The contractor shall arrange and supply, at his own cost, all material (except suchspecial materials, if any, as may, in accordance with the contract, be supplied from theEngineer-in-charge’s stores), plants, tools, appliances, implements, ladders, cordage,tackle, scaffolding and temporary works requisite or proper for the proper execution ofthe work, whether original, altered, or substituted, and whether included in thespecifications or other documents, forming part of the contract, or referred to in theseconditions or not, or which may be necessary for the purpose of satisfying or complyingwith the requirements of the Engineer-in-charge, as to any matter as to which, under theseconditions, he is entitled to be satisfied or which he is entitled to require, together withcarriage thereof, to and from the work. The Contractor shall also arrange and supply,without charge, the requisite number of person with the means and materials, necessaryfor the purpose of setting out work and counting weighing and assisting in themeasurement or examination at any time and from time to time of the work, or materials.Failing his so doing, the same may be provided by the Engineer-in-charge, at the expenseof the Contractor, and the expenses may be deducted from any money due to theContractor under the contract, or from his Performance Guarantee and/or SecurityDeposit or the proceeds of sale thereof, or a sufficient portion thereof. The Contractorshall also provide all necessary fencing and lights required to protect the public fromaccident and shall be bound to bear the expenses of defense of every suit, action or otherproceeding at law, that may be brought by any person for injury sustained owing toneglect of the above precautions, and to pay any damages and costs, which may beawarded in any such suit, action proceeding to any such person or which may, with theconsent of the Contractor, be paid to compromise any claim by any such person.Clause 19 : Work not to be sub-let, Contract may be rescinded and Security Depositand Performance Guarantee Forfeited for sub-letting, bribing or ifContractor becomes insolventThe contractor shall not be assigned or sublet without the written approval of theAdministrator/Chairman, and if the Contractor shall assigned or sublet his contract orattempt so to do, or become insolvent, or commence any insolvency proceedings or markany composition with his creditors, or attempt so to do, or if any bribe, gratuity, gift, loan,requisite reward or advantage, pecuniary or otherwise, shall either, directly or indirectly,be given, promised or offered by the Contractor or any of his servants or agents, to anySignature of ContractorExecutive Engineer

public officer or person, in the employ of RSAMB, in any way, relating to his office oremployment, or if, any such officer or person shall become in any way directly orindirectly, interested in the contract, the Administrator/Chairman may, thereupon, bynotice, in writing, rescind the contract and the Performance Guarantee and SecurityDeposit of the Contractor shall, thereupon, stand forfeited and be absolutely at thedisposal of RSAMB and the same consequences shall ensure as, if the contract had beenrescinded under Clause 3 hereof, and in addition the Contractor shall not be entitled torecover or be paid for any work thereforre, actually performed under the contract.Clause 20 :Sums payable by way of compensation to be considered as reasonablecompensation without reference to actual lossAll sums payable by way of compensation under any of these conditions shall beConsidered as reasonable compensation to be applied to the use of RSAMB withoutreference to the actual loss or damage sustained and whether or not any damage shallhave been sustained.Clause 21 : Changes in Constitution of firmWhere the Contractor is a partnership firm, the previous approval, in writing, ofthe Engineer-in-charge shall be obtained before any change is made in the constitution ofthe firm. Where the Contractor is an individual or a Hindu undivided family businessconcern, such approval, as aforesaid, shall likewise be obtained before the Contractorenters into any partnership agreement where under the partnership firm would have theright to carry out the work thereby undertaken by the Contractor. If, previous approval, asaforesaid, is not obtained, the contract shall be deemed to have been assigned incontravention of Clause 19 thereof, and the same action may be taken, and the sameconsequences shall ensure, as provided in the said clause 19.Clause 22 : Works to be under direction of Engineer-in-chargeAll the works, to be executed under the contract, shall be executed under thedirection and subject to the approval, in all respect, of the Engineer-in-charge of theRSAMB for the time being, who shall be entitled to direct, at what point or points, and inwhat manner, they are to be commenced, and from time to time, carried on.Clause 23 : Standing Committee for Settlement of DisputesIf any question, difference or objection, whatsoever shall arise in any way, inconnection with or arising out of this instrument, or the meaning of operation of any partthereof, or the rights, duties or liabilities of either party then, save in so far, as thedecision of any such matter, as herein before provided for, and been so decided, everysuch matter constituting a total claim of Rs. 50,000/- or above, whether its decision hasbeen otherwise provided for an whether it has been finally decided accordingly, orwhether the contract should be terminated, or has been rightly terminated, and as regardsthe rights or obligations of the parties, as the result of such termination, shall be referredfor decision to the empowered Standing Committee, which would consists of thefollowings:-(i)(ii)AdministratorAdditional Chief EngineerSignature of ContractorExecutive Engineer

(iii)(iv)(v)(vi)Chief Accounts OfficerSuperintending EngineerNominee of the Director not below the rank of Additional Director in case ofKUMSHead Legal AssistantThe Engineer-in-charge, on receipt of application along with non-refundableprescribed fee, (the fee would be two percent of the amount in dispute, not exceeding Rs.One lac) from the Contractor, shall refer the disputes to the committee, within a period ofone month from the date of receipt of application.Procedure and Application for referring cases for settlement by the StandingCommittee shall be, as given in Form RPWA90.Clause 23 A : Contractor to indemnify for infringement of Patent or designContractor shall fully indemnify the Administrator/Chairman of RSAMB againstany action, claim or proceeding, relating to infringement or use of any patent or design, orany alleged patent or design, rights, and shall pay any royalties, which may be payable inrespect of any article or part thereof, included in the contract, in the event of any claimsmade under or action brought against RSAMB. In respect of any such matter, as aforesaidthe Contractor shall be, immediately, noticed thereof, and the Contractor shall be atliberty, at his own expense, to settle any dispute or to conduct any litigation, that mayarise there from provided that the Contractor shall not be liable to indemnify theAdministrator/Chairman of RSAMB, if the infringement of the patent or design or anyalleged patent or design, right is the direct result of an order passed by the Engineer-inchargein this behalf.Clause 24 : Imported Store articles to be obtained from RSAMBThe Contractor shall obtain from the stores of the Engineer-in-charge, all importedstore articles, which may be required for the work or any part thereof, or in making uparticles, which may be required thereof, or in connection therewith, unless he hasobtained permission, in writing, from the Engineer-in-charge, to obtain such stores andarticles from else-where. The value of such stores and articles, as may be supplied to theContractor by the Engineer-in-charge, will be debited to the Contractor, in his account, atthe rates shown in the schedule attached to the contract, and if they are not entered in theschedule, they will be debited at cost price, which for the purposes of this contract, shallinclude the cost of carriage and all other expenses, whatsoever, which shall have beenincurred in obtaining delivery of the same at the stores aforesaid plus storage charges.Clause 25 : Lump-sums in estimatesWhen the estimate, on which a tender is made includes lump-sums, in respect ofparts of the work, the Contractor shall be entitled to payment in respect of the item ofwork involved, or the part of the work in question at the same rates, as are payable underthe contract for such items or if the part of the work in question is not, in the opinion ofthe Engineer-in-charge, capable of measurement, the Engineer-in-charge may at hisdiscretion pay the lump sum amount entered in the estimate and the certificate in writingSignature of ContractorExecutive Engineer

of the Engineer-in-charge shall be final and conclusive with regard to any sum or sumspayable to him under the provisions of this clause.Clause 26 : Action where no SpecificationIn case of any Class of work for which there is no such specification as ismentioned if Rule 1, such work shall be carried out in accordance with the detailedspecification of the department and also in accordance with the instructions andrequirements of the Engineer-in-charge.Clause 27 : Definition of workThe expression “works” or “work” where used in these conditions, shall, unlessthere be some think wither in subject or context, repugnant to such construction, beconstructed and taken to mean the works by or by virtue of the contract contracted to beexecuted, whether temporary or permanent, and whether original, altered, substituted oradditional.Clause 27 A : Definition of Engineer-in-chargeThe term “Engineer-in-charge” means the Divisional Officer, who shall supervise,and be in-charge of the work, and be in charge of the work, and who shall sign thecontract on behalf of the Administrator/Chairman of RSAMB.Clause 28 :It can not be guaranteed that the work will be started immediately after the tendershave been received. No claims for increase of rate will be entertained, if the orders forstarting work are delayed.Clause 29 : Payments at reduced rates on account of items of work not accepted andnot completed to the at the discretion of the Engineer-in-chargeThe rates for several items of works, estimated to cost more than Rs. 1,000/-,agreed within, will be valid only when the item concerned is accepted, as having beencompleted fully in accordance with the sanctioned specifications. In cases, where theitems of work are not accepted, as so completed, the Engineer-in-charge may makepayment on account of such items, at such reduced rates, as he consider reasonable, in thepreparation of final or on account bills, and his decision in the matter shall be final andbinding.Clause 29 A : Payments at part ratesThe rates for several items of works may be paid at part rates provisionally inrunning bills in proportion to the quantum of items executed at the discretion of Engineerin-charge.In case of item rates, if the rate quoted for certain items are very high incomparison to the average/ overall tendered premium, then the payment at running stagesshall not be made more than the average sanctioned premium. The deferred payment, willhowever be released after successful completion of the work.Signature of ContractorExecutive Engineer

Clause 30 : Contractor’s percentage, whether applied to net or gross amount of billsThe percentage referred to in the “Tender for Works” will be deducted/ addedfrom/ to the gross amount of the bill before deducting the value of any stock issued.Clause 31 : Contractor to adhere to labour law/regulationThe Contractor shall adhere to the requirements other Workmen’s CompensationAct and Labour Legislation in force from time to time and be responsible for and shallpay any compensation to his workmen which would be payable for injuries under theWorkmen’s Compensation Act, here-in-after called the said Act. If such compensation ispaid by RSAMB as Principal employer under Sub Section (1) of section 12 of said Act,on behalf of the Contractor, it shall be recoverable by the RSAMB from the Contractorunder Sub Section (2) of the said section. Such compensation shall be recovered in themanner laid down in Clause 1 of the Conditions of Contract.Clause 32 : Withdrawal of work from the ContractorIf the Engineer-in-charge shall at any time and for any reasons, whatever,including inability to maintain prorata progress, think any portion of the work should notbe executed or should be withdrawn from the contractor, he may, by notice in writing tothat effect, require the Contractor not to execute the portion of the work specified in thenotice or nay withdraw from the Contractor the portion of work, so specified, and theContractor shall not be entitled to any compensation, by reason of such portion of workhaving been withdrawn from him. The Engineer-in-charge may supplement the work byengaging another agency to execute such portion of the work at the cost of the originalcontractor, without prejudice to his rights under clause 2. He shall also be competent tolevy compensation for delay in progress. The recovery of excess cost shall be made fromnext available running bill or any other claim and shall not be deferred.Clause 33 :The contract includes clearance, leveling and dressing of site within a distance of15 meters of the building on all sides except where the building adjoins another building.Clause 34 : Project worksThe contractor shall arrange to protect, at his own cost, in an adequate manner, allcut stone work and other work, requiring protection and to maintain such protection, aslong as work is in progress. He shall remove and replace this protection, as required bythe Engineer-in-charge, from time to time. Any damage to the work, so protected, nomatter how it may be caused, shall be made good by the Contractor free of cost.All templates, forms, moulds, centering, false works and models, which in theopinion of the Engineer-in-charge, are necessary for the proper and workman likeexecution of the work, shall be provided by the Contractor free of cost.Clause 35 : Contractor liable for settlement of claims caused by his delaysIf the progress of the work has fallen so much in arrears as to prevent othercontractors on the work, from carrying out their part of the work within the stipulatedtime, he will be liable or the settlement of any claim, put in by any of these contractors forSignature of ContractorExecutive Engineer

the expenses of keeping their labour unemployed, to the extent considered reasonable bythe Engineer-in-charge.Clause 36 A :The liability, if any, on account of quarry fees, royalties, octroi and any othertaxes and duties in respect of materials actually consumed on public work, shall be borneby the Contractor.Clause 36 B :The cost of all water connections, necessary for the execution of work, and thecost of water consumed and hire charges of meters and the cost of electricity consumed inconnection with the execution of work, shall be paid by the Contractor, expect whereotherwise specifically indicated.Clause 36 C : Payment of Sales Tax, and any other TaxesRoyalty or other tax on materials, issued in the process of ful-filling contract,payable to the Government under rules in force, will be paid by the Contractor himself.Clause 36 D :In respect of goods and materials procured by the Contractor, for use in worksunder the contract, sales tax will paid by the Contractor himself. But in respect of all suchgoods manufactured and supplied buy the Contractor and works executed under thecontract, the responsibility of payment of sales tax would be that of the Engineer-incharge.Clause 37 : Refund of Security DepositSecurity Deposit will be refunded after the satisfactory completion of the defectliability period, as prescribed below :-(a)(b)(c)(d)(e)Defect liability period for road works shall be 3 years (thirty six months),after satisfactory completion of works as per clause 6The contractor shall liable to repair and redo the work since completion ofwork till liability period as pointed out by the Engineer In-charge or hisauthorized sub-ordinates.The contractor shall maintain the work during liability period at his owncost and risk.Original work/special repairs works : Security deposit will be refunded sixmonths after completion, or expiry of one full rainy season, or after expiryof defect liability period as decided by the concerned AdministrativeDepartment, whichever is later provided the final bill has been paid.In case of RSAMB original works/special repairs works costing more thanRs. 10.00 lacs, partial amount of Security Deposit will be refunded duringthe defect liability period @ 10% of SD amount after lapse of one year ofcompletion and there after 10% of original amount of SD at the end ofeach subsequent year. The remaining amount of SD be refunded after theexpiry of defect liability period.Signature of ContractorExecutive Engineer

Annexure - 1Special Conditions of Contract regarding Defect Liability Period for Roads, BuildingBridges & C.D. Works costing more than Rs. 10.00 Lacs1.0 Roads Works1.1 The defect liability period (DLP) for all Road/Bridge/ C.D. works shall be threeyears. Road/Bridge/C.D. works executed by the contracting agency shall bemaintained by them at their own cost for Three years (DLP) from the date ofcompletion of work as per the clause in the Agreement and Special Condition ofContract.1.2 No extra payment shall be made to the contracting agency on account ofmaintenance of Road/Bridge/C.D. works and removal or defects during defectliability period.1.3 The word "Road/Bridge/C.D. works" means all new Road / Bridge / C.D. worksconstruction, widening, strengthening, up-gradation, renewal and special repairsof roads and special repairs of bridge/C.D. works.1.4 The road maintenance of Road/Bridge & C.D. works during defect liability periodmeans-(i) Routine maintenance of Road/Bridge & C.D. works and(ii) To remove the defects as & when appear in part and entire structure ofRoad/Bridge & C.D. works, in specified time.1.5 The contracting agency shall do the routine maintenance of Road/Bridge & C.D.works, including pavement, road side and cross drains including surface drains tothe required standards and keep the entire road surface and structure in defectfree condition during the entire period of routine maintenance, which begins atcompletion of the construction works and ends after three years.1.6 The routine maintenance shall consist of the routine maintenance operationdefined in manual for maintenance of roads of MoRTH and shall be carried outaccordingly.1.7 The routine maintenance activities and their periodicity :S.No. Name of Item/Activity Frequency of Operations in one year1 Restoration of rain outs and dressing ofbermsOnce in a year generally after rains (in caseareas having heavy rainfall, as & whenrequired.2 Making up of shoulders As and when required3 Maintenance of Bituminous surface road As and when requiredand/ or gravel road / WBM road includingfilling pot holes and patch repairs etc.4 Maintenance of drains Twice (in case of hill roads, as and whenrequired)5 Maintenance of culverts and causeway Twice (in case of hill roads, as and whenrequired.6 Maintenance of road signs Maintenance as and when required Repaintingonce in every two years.7 Maintenance of guardrails and parapetwallsMaintenance as and when required repaintingonce in a year.8 Maintenance of 200m and KilometerstonesMaintenance as and when required. Repaintingonce in a year.9 White washing guard stones Twice in a year10 Re-fixing displaced guard stones Once in a yearSignature of ContractorExecutive Engineer

11 Cutting of branches of trees, shrubs andtrimming of grass and weeds etc.12 White washing parapets of C.D. works Once in a year.Once, generally after rains (in case of areashaving rainfall more than 1500mm per year, asand when required).2.0 Building Works (Civil Works)2. Defect liability period for building structure and other civil works shall be 3years reckoned from date of actual completion of the building works and twoyears for the defect pertaining to sanitary works, electric works, joinery works& painting works. Generally, following defects are covered for 3 years D.L.P :2.1 Surface cracks on R.C.C. work.2.2 Cracks in masonry, walls, pillars, etc.2.3 Dampness appeared on surface of walls, ceiling, floors, etc.2.4 De-laminations and unevenness of surface.2.5 Leakage, cracks in drainage system, dampness in sunk portions.2.6 Defects in paint work, distempering, white wash, etc. for example,unevenness in shade, pealing out, flakes on the surface, etc.2.7 Cracks, settlements, unevenness, opening of joints in floorings.2.8 Doors, windows and ventilators opening and closing are not smooth. Fittings& fixtures are not functioning smoothly.2.9 Steel fabrication works not grinded properly and finished.2.10 Leakage/chocking in pipelines, tapes, valves, showers, wash basin, etc.Sanitary-ware fittings not functioning smoothly.2.11 External services for storm water, sewerage, rain water harvestingsystem not functioning properly.Electrical WorksIn addition to the above any defects identified by the user and/or Engineer-inchargeshall be rectified by the contracting agency within notified period assignedby Engnieer-in-charge.2.1 The defect liability under DLP for 2 years shall be from the date of its completionof the work reckoned by the Engineer-in-charge.2.2 The defects shall be in case of non-functioning of the following items.Internal and external wiring, panels, cables. L.T. installation from distributionboard to end use points, MCBs, DBs, ElCBs, earthing, switches, sockets,distribution panels, panel switchgears, panel instruments, panel MCBs, bus bars,cable trenching, Lugs, connecting wire and any other items specified under thecontract.2.3 Repair and Replacement – The items covered under defect liability period shallbe replaced and / or repaired as directed by the Engineer-in-charge.2.4 Time period for repair/replacement – The Engineer-in-charge soon after defectarises shall notify to the contracting agency and/or his authorized representativeon phone and in writing for rectification of the defect within the prescribed periodwhich may be in hours/days and depends on the gravity and severity of defect.2.5 Consumable Articles – Consumable articles like tube rods, CFL, Bulbs, HT fuses,Batteries, Gas filling will be replaced by the client department or user departmentat their own cost and arrangement.2.6 Other items(i)(ii)(iii)(iv)D.G. set including fitting and fixtureLifts and EscalatorsAir cooling / Air conditioning / Heating systemCCTV, EPABXSignature of ContractorExecutive Engineer

(v)(vi)Security system equipmentsElectric Motors PumpsIn addition to the above items the Engineer-in-charge may add moreitems as per nature of work which seems to be covered under 2 yearsguarantee from the date of commissioning.3.0 General3.1 Inspection of works during defect liability period –3.1.1 The contracting agency shall undertake joint detailed inspection along withEngineer-in-charge/A.en., at least once in three months in case of allRoads/Bridge/C.D. works. The engineer-in-charge can reduce this frequency incase of emergency. The contracting agency shall forward to the Engineer-inchargethe record of inspection and rectification within 15 days after the jointinspection. The contracting agency shall pay particular attention on those roadsections, which are likely to be damaged during rainy seasons.3.1.2 One register has to be maintained by every A.En for recording the inspectiondetails of works in his jurisdiction under defect liability period.3.2 Conditions regarding security deposit3.2.1 Security for DLP – The contracting agency shall have to furnish security depositin the form of Bank Guarantee for DLP as per requirements of clause 37(e) ofContract Agreement, valid from the date of completion, which shall be assignedby the engineer-in-charge.3.2.2 Forfeiture of SD – In case contracting agency fails of rectify the defects withinstipulated period notified to him by the Engineer-in-charge concerned undercontract agreement, the engineer-in-charge shall serve a final notice or 15 daystime reckoned from the date of issue of notice to rectify the defects. In case thecontracting agency not responding to the notice and fails in rectification of defectsthe Engineer-in-charge will get the defects removed at the risk and cost of thecontracting agency. Action such as encashment of Bank Guarantee and actionunder enlistment rules etc. shall also be taken against the contracting agency bythe competent authority.3.2.3 Force Majeure – The defect arises due to earthquake, cyclone, and naturalcalamities shall not be the responsibility of contracting agency.Signature of ContractorExecutive Engineer

Clause 38 : Fair Wage Clause(a)The Contractor shall pay not less than fair wages/ minimum wages to labouresengaged by him on the work as revised from time to time by the Government, butthe RSAMB shall not be liable to pay any thing extra for it except as stipulated inprice escalation clause (clause 45) of the agreement.Explanation: “Fair Wage” means minimum wages for time or piece work, fixedor revised, by the State Government under the Minimum Wages Act, 1948.(b)(c)(d)(e)(f)The Contractor shall, not with standing the provisions of any contract to thecontrary, cause to be paid fair wages to labourers indirectly engaged on the work,including any labour engaged by his sub-contractors in connection with the saidwork as if the labourers have been immediately or directly employed by him.In respect of all laboures, immediately or directly employed in the work, for thepurpose of the Contractor’s part of this agreement, the Contractor shall complywith or cause to be complied with the Public Works Department Contractor’sLabour Regulations made, or that may be made by the RSAMB, from time totime, in regard to payment of wages, wage period, deductions from wages,recovery of wages not paid, and unauthorised deductions, maintenance of wagesregister, wage card, publication of scale of wages and other terms of employment,inspection and submission of periodical returns and other matters of a like nature.The Engineer-in-charge shall have the right to deduct from the money due to theContractor any sum required or estimated to be required for making good the losssuffered by a worker, by reasons of non-fulfillment of the conditions of theconditions of the contract, for the benefit of the worker or workers, non-paymentof wages or of deductions made therefrom, which are not justified by the terms ofthe contract, or as a result of non-observance of the aforesaid regulations.Vis-à-vis the RSAMB, the Contractor shall be primarily liable for all payments tobe made and for the observance of the regulations aforesaid, without prejudice tohis right to claim indemnity from his sub-contractors.The regulations, aforesaid, shall be deemed to be part of this contract and anybreach of the contract.Clause 39 : Contractor to engage technical staffThe contractor shall engage the technical staff, as follows, on the contract works.(a)(b)For works costing above Rs. 5 lac – One qualified Engineer having atleast 2 yearsexperience with suitable staff having sufficient experience.For works upto Rs. 5 lac – One qualified engineer or junior engineer havingatleast 2 year experience and 1 electrical supervisor having valid certificate ofElectrical Inspector of Rajasthan/State Electricity Board/Govt. of Rajasthan.The technical staff should be available at site, whenever required by Engineer-inchargeto take instructions.Signature of ContractorExecutive Engineer

Clause 39 A :The contractor shall comply with the provisions of the Apprenticeship Act, 1961,and the Rules and Orders issued, thereunder from time to time. If he fails to do so, hisfailure will be a breach of contract. The Contractor shall also be liable for any pecuniaryliability arising on account of any violation by him of the provision of the said Act.Clause 40 : Safety CodeThe Contractor shall follow the safety code of the PWD, Rajasthan.Clause 41 : Near Relatives barred from tenderingThe Contractor shall not be permitted to tender for works in Circle, in which hisnear relative is posted as Divisional Accountant or as an officer in any capacity betweenthe grade of the Superintending Engineer and Assistant Engineer (both inclusive). Heshall also intimate the names of persons, who are working with him in any capacity, orare subsequently employed by him and who are near relatives to any gazetted officer inthe Organization/RSAMB. Any breach of this condition by the Contractor would renderhim liable to be removed from the approved list of Contractors of the RSAMB. If suchfacts is noticed (a) before sanction of tender, his offer shall be declared invalid andearnest money shall be forfeited, (b) after sanction of the tender then the tendersanctioning authority may at his discreation forfeit his earnest money, performanceguarantee, security deposit and enlistment deposit and the work/remaining work may allotto any registered contractor on the work/remaining work may allot to any registeredcontractor on the same rates as per rules.Note : By the term ‘near relative’ in meant wife, husband, parents and grand-parents,children and grand children, brothers and sisters, uncles and cousins and theircorresponding in-laws.Clause 42 : Retired Gazetted Officers barred for 2 yearsNo Engineer of Gazetted rank or other Gazetted Officer, employed in Engineeringor Administrative duties in an Engineer Department of the Government of Rajasthan orRSAMB is allowed to work as a Contractor for a period of 2 years of his retirement fromGovernment/Board service without the previous permission of RSAMB. The contract isliable to be cancelled, if either the Contractor or any of his employee is found, at anytime, to be such a person, who had not obtained the permission of RSAMB, as aforesaid,before submission of the tender or engagement in the contractor’s service, as the casemay be.Clause 43 : Quality ControlThe Board shall have right to exercise proper Quality Control measures. TheContractors shall provide all assistance to conduct such tests.Clause 43 A :The work (whether fully constructed or not) and all materials, machines, tools andplant, scaffolding, temporary buildings and other things connected therewith, shall be atSignature of ContractorExecutive Engineer

the risk of the contractor until the work has been delivered to the Engineer-in-charge, anda certificate from him, to the effect, obtained.Clause 44 : Death of ContractorWithout prejudice to any of the rights or remedies under the contract, if theContractor dies, the legal heirs of the Contractor or the Administrator/Chairman or dulyauthorised Engineer shall have the option of terminating the contract without anycompensation.Clause 45 : Price Variation ClauseIf, during the progress of the contract of value exceeding Rs. 50 lac (accepted tenderedamount minus cost of material supplied by the RSAMB), and where stipulatedcompletion period is more than 3 months (both the conditions should be fulfilled), theprice, of any materials / bitumen/diesel / petrol /cement and steel incorporated in theworks (not being materials to be supplied by the department) and/or wages of labourincreases or decreases, as compared to the price and/or wages prevailing at the date ofopening of tender or date of negotiations for the work, the amount payable to contractorsfor the work shall be adjusted for increase or decrease in the rates of materials (exceptingthose materials supplied by the department) / labour / bitumen/diesel / petrol / cement andsteel. If negotiated rates have been accepted, prices as on the date of negotiation shall beconsidered for price adjustment. Similarly, if rates received on the date of opening oftenders have been accepted, then prices on the date of opening of tender shall beconsidered for price adjustment.Increase or decrease in the cost of labour/material/diesel/ petrol/cement and steel shall becalculated quarterly and cost of bitumen shall be calculated on monthly basis inaccordance with the following formula :-(A)LabourP L (I L1 – I L0 )V L = 0.75 x --------- x R ------------100 I L0V L =R =I L0 =I L1 =P L =Increase or decrease in the cost of work during the quarter under considerationdue to change in rates for labour.The value of the work done in rupees during the quarter under considerationexcluding the cost of materials supplied by the department and excluding otheritems as mentioned in this clause.The average consumer price index for industrial workers (whole-sale prices) forthe quarter in which tenders were opened/negotiated (as Reserve Bank of IndiaJournal/Labour Bureau Simla, for the area).The average consumer price index for industrial workers (whole-sale prices) forthe quarter of calendar year under consideration (as published in Reserve Bank ofIndia Journal/Labour Bureau Simla, for the area).Percentage of labour components.Signature of ContractorExecutive Engineer

Note: In case of revision minimum wages by the Government or other competentauthority, nothing extra would be payable except the price escalation permissibleunder this clause.(B)Material (excluding material supplied by the department)P M (L M1 – L M0 )V M = 0.75 x --------- x R ------------100 L M0V M = Increase or decrease in the cost during the quarter under consideration due tochange in the rates of material.R =The value of the work done in rupees during the quarter under considerationexcluding the cost of materials supplied by the department and excluding otheritems as mentioned in this clause.L M0 = The average wholesale price index (all commodities) for the quarter in whichtenders were opened/ negotiated (as published in Reserve Bank of India Journal/Economic Adviser to Government of India, Ministry of Industries, for the area).L M1 = The average wholesale price index (all commodities) for the quarter underconsideration (as published in Reserve Bank of India Journal/ Economic Adviserto Government of India, Ministry of Industries, for the area).P M =Percentage of labour components (excluding materials supplied by theDepartment).(C) BitumenP b (B 1 – B 0 )V b = 0.85 x --------- x R ------------100 B 0V b =R =B 0 =B 1 =P b =Increase or decrease in the cost of the work during the month under considerationdue to changes in the rates of bitumen.The value of the work done in rupees during the month under considerationexcluding the cost of materials supplied by the department and excluding otheritems as mentioned in this clause.The official retail price of bitumen IOC depot of nearest centre on the day 28 daysprior to date of opening of bids.The official retail price of bitumen IOC depot of nearest centre on the 15 day ofmonth under consideration.Percentage of bitumen component excluding bitumen supplied by the Department(specified in the sanctioned estimate of the work).Signature of ContractorExecutive Engineer

(D) PetroleumP f (F i – F 0 )V f = 0.75 x --------- x R ------------100 F 0V f =R =F 0 =Fi =P f =R =Increase or decrease in the cost of work during the quarter under considerationdue to change in the rates for fuel and lubricants.The value of the work done in rupees during the quarter under considerationexcluding the cost of materials supplied by the department and excluding otheritems as mentioned in this clause.The average wholesale price Index of High Speed Diesel (HSD) as published bythe Economic Adviser to the Government of India, Ministry of Industry on the dayof opening of tender/negotiations.The average wholesale price index of H.S.D. for the quarter under considerationas published weekly by the Economic Adviser to the Government of India,Ministry of Industries for the quarter under consideration..Percentage of fuel and lubricants components excluding fuel and lubricantssupplied by the Department (specified in the sanctioned estimate for the work).Total work done during the quarter as prescribed under this clause.Note : For application of this clause price of HSD is chosen to indicate fuel and lubricantcomponent.(E)CementPc (L c1 – L c0 )V o = 0.75 x --------- x R ------------100 L c0V o =R =increase or decrease in the cost of work during the quarter under consideration dueto change in the rates of cement.The value of the work done in rupees during the quarter under considerationexcluding the cost of cement supplied by the department and excluding otheritems as mentioned in this clause.L c0 = The average wholesale price Index for the quarter in which tenders were opened /negotiated (as published by the Economic Adviser to Government of India,Ministry of Industries).L c1 = The average wholesale price index for the quarter under consideration (aspublished) by the Economic Adviser to Government of India, Ministry ofIndustries.P c =Percentage of cement components (excluding cement supplied by theDepartment).Signature of ContractorExecutive Engineer

(F)SteelP c (L st – L so )V s = 0.75 x --------- x R ------------V s =R =100 L soIncrease or decrease in the cost of work during the quarter under considerationdue to change in the rates of steel.The value of the work done in rupees during the quarter under considerationexcluding the cost of steel supplied by the department and excluding other itemsas mentioned in this clause.L so = The average wholesale price index for the quarter in which tenders were opened /negotiated (as published by the Economic Adviser to Government of India,Ministry of Industries).L st =The average wholesale price index for the quarter under consideration (aspublished by the Economic Adviser to Government of India, Ministry ofIndustries).Clause 45 A : Price variation in installation of elevators, supply/installation ofCentrally Air Conditioning and Central Evaporating Cooling Works.In all cases of contracts for installation of elevators, supply/installation of Central AirConditioning and Central Evaporating Cooling Works, the price quoted shall be based onthe Indian Electrical and Electronics Manufactures Association (IEEMA) price variationclause based on the cost of raw materials/components and labour cost as on the date ofquotation/tender, and the same is deemed to be related to wholesale price index numberof metal products and All India Average consumer price index number of industrialworkers as specified below. In case of any variation in these index numbers, the pricesshall be subject to adjustment up or down in accordance with following formula.P 0 Mp W 0(D) W 0 (I)P = ------- ( 15 + 55 ---------- + 15 ------------ + 15 ----------)Where :P =P 0 =100 MP 0 W 0 W 0Price payable as adjusted in accordance with the above price variation formula.Price quoted / confirmedMP 0 = Wholesale Price Index Number for metal products as published as published bythe office of the Economic Adviser, Ministry of Industry, Government of India, intheir weekly bulletin, Revised Index Number of Wholesale Price (Base : 1981 –82 = 100) for the week ending first Saturday of the relevant calendar month. Therelevant month shall be that in which price was offered or negotiated whichever islater.W 0 = All India Average Consumer Price Index Number for Industrial worker (Base :1982 = 100), as published by Labour Bureau, Ministry of Labour, Government ofIndia, for relevant calendar month. The relevant month shall be that in which pricewas offered or negotiated whichever is later.Signature of ContractorExecutive Engineer

The above index number MP 0 & W 0 are those published by IEEMA as prevailingon the first working day of the calendar month FOUR months prior to the date oftendering.Mp = Wholesale Price Index Number of Metal Products as published by the office ofEconomic Adviser, Ministry of Industry, Government of India, in their weeklybulletin Revised Index Number of wholesale price (Base : 1981-82 = 100). Theapplicable wholesale price Index Number for Metal Products as prevailing on 1 stSaturday of the month covering the date FOUR months prior to the date ofdelivery and would be as published by IEEMA.W 0(D) = All India Average Consumer Price Index Number for Industrial worker prevailingfor the month covering the date FOUR months prior to the date of delivery ofmanufactured material and would be as published by IEEMAW 0 (I)= All India Average Consumer Price Index Number for Industrial workers (Base :1982 = 100) as published by Labour Bureau, Ministryof Labour, Government ofIndia. The applicable All India Consumer Price Index Number of Industrialworkers prevailing for the FOUR months prior to the date of completion ofinstallation/progress parts of installation and would be as published by IEEMA.The date of delivery shall be the date on which the manufactured material isactually supplied at site. The date of completion of installation (or progress part ofinstallation shall be the date on which the work is notified as being completed andis available for inspection/duly tested). In the absence of such notification, thedate of completion is not intimated such completion shall be considered by theEngineer-in-charge which shall be final.Note-1 The wholesale Price Index Number for Metal Products is published weekly bythe office of the Economic Adviser, but if there are any changes, the same areincorporated in the issue appearing in the following week. For the purpose ofthis Price Variation Clause, the final index figures shall apply.Note-2 The sole purpose of the above stipulation is to arrive at the entire contract underthe various situations. The above stipulation does not indicate any intentions tosell materials under this contract as movables.Note-3 The indices MP & W0 are regularly published by IEEMA in monthly basis pricecirculars based on information bulletins from the authorities mentioned. Thesewill be used for determining price variation and only IEEMA Circulars will beshown as evidence, if required.General Conditions for admissibility of Escalation1. The exact percentage of labour/material (excluding materials to be supplied by thedepartment)/bitumen/diesel / petrol / cement / steel component and labourcomponent for the work shall be approved by the authority while sanctioning thedetailed Estimates.2. The break-up of components of labour/materials (excluding materials to besupplied by the department)/bitumen/diesel / petrol / cement / steel as indicated inClause 45 have been pre-determined as below :-(a)Labour …………………………………..percent(b)Material...………………………………..percentSignature of ContractorExecutive Engineer

(c)(d)(e)(f)Bitumen ..………………………………..percentDiesel and Petrol ………………………..percentCement …………………………….……percentSteel ………….…………………………percent…………………………………………………..Total .………………………………………100%…………………………………………………..3. While allowing price escalation the following shall be deducted from the value ofwork done ® :(a)Cost of material supplied by the Department.(b) Cost of services rendered as per clause 34.(c)Secured Advance/any advance added earlier but deducted agreed rates.4. The first statement of escalation shall be prepared at the end of three months inwhich the work was awarded and the work done from the date of start to the endof this period shall be taken into account. For subsequent statement, cost of workdone during every quarter shall be taken into account. At the completion of work,the work done during the last quarter or fraction, thereof, shall be taken intoaccount.5. For the purpose of reckoning the work done during any period, the bills preparedduring The period shall be considered. The dates of recording measurements inthe Measurement Book by the Assistant Engineer shall be the guiding factor todecide the bills relevant to any period. The date of completion, as finally recordedby the competent authority in the Measurement Book, shall be the criterion.6. The index relevant to any quarter, for which such compensation is paid, shall bethe arithmetical average of the indices relevant of the calendar month.7. Price adjustment clause shall be applicable only for the work that is carried outwithin the stipulated time, or extension thereof, as are not attributable to thecontractor.8. If during the progress in respect of contract works stipulated to cost Rs. 50 lac orless, the value of work actually done excluding cost of material supplied by theDepartment, exceeds Rs. 50 lac and completion period is more than 3 months,then escalation would be payable only in respect of value of work in excess overRs. 50 lac from the date of satisfying both the conditions.9. Where originally stipulated period is 3 months or less but actual period ofexecution exceeds beyond 3 months on account of reasons not attributable tocontractor, escalation amount would be payable only in respect of extended periodif amount of work is more than Rs. 50 lac.Signature of ContractorExecutive Engineer

10. In case the contractor does not make prorata progress in the first or another timespan and the short fall in progress is covered up by him during subsequent timespan within original stipulated period then the price escalation of such workexpected to be done in the previous time span shall be notionally given based uptothe price index of that quarter in which such work was required to be done.11. No claims for price adjustment other than those provided herein shall beentertained.12. If the period of completion period attributable to RSAMB exceeds twelve monthsbut cost does not exceeds more than Rs. 50 lac, no escalation is admissible.13. Similarly, if cost of works increases more than Rs. 50 lac but completion periodincluding extended period attributable to RSAMB is less than 3 months, noescalation is admissible.14. No provisional escalation is payable on the basis of indices of the previous quarterin absence of non publication of indices for concerned quarter by the RBI.15. Escalation is always payable quarterly and no provisional escalation is payablemonthly or fortnightly.16. In case at the time of executing agreement, both the conditions (completion period3 months and amount of work Rs. 50 lac) for admissibility of price escalation arenot fulfilled and subsequently due to additional work and extension of timeattributable to Government, both the conditions become fulfilled, in that case theescalation shall be payable from the date of satisfying both the conditions andonly for work done beyond Rs. 50 lac and in period of work beyond 3 months.17 The contractor Shall for the purpose of this conditions keep such books of accountand other documents as are necessary to show the amount of any increase climbedor reduction available and shall allow inspection of the same by a duly authorisedrepresentative of RSAMB and further shall at the request of the Engineer-inchargefurnish, verified in such a manner as the Engineer-in-charge may requireany documents so kept and such other information as the Engineer-in-charge mayrequire.Clause 46 : Force MajeureNeither party shall be liable to each other, for any loss or damage, occasioned byor arising out of acts of God such as unprecedented floods, volcanic eruptions, earthquakeor other invasion of nature and other acts.Clause 47 : General Discrepancies and ErrorsIn case of percentage rate tenders, if there is any typographical or clerical error inthe rates shown by the Department in the “G” Schedule, the rates as given in the BasicSchedule of Rates of the PWD/RSAMB for the area shall be taken as correct.Clause 48 : Post payment Audit & Technical ExaminationThe RSAMB shall have right to cause an audit and technical examination of theworks, and the final bills of the contractor, including all supporting vouchers, abstractsetc. to be made within 2 years after payment of the final bill, and if, as a result of suchaudit and technical examination, any sum is found to have been over paid in respect ofany work done by the Contractor under the contract, or any work claimed by him to havebeen done by him under the contract and found not to have been executed or executedbelow specifications, the Contractor shall be liable to refund the amount of over payment,Signature of ContractorExecutive Engineer

and it shall be lawful for RSAMB to recover the same from him in the manner prescribedin Clause 50 or in any other manner legally permissible, and if it is found that theContractor was paid less than what was due to him under the contract in respect of anywork executed by him under it, the amount of such under-payment shall be duly paid bythe RSAMB to the Contractor.Clause 48 A : Pre Check or Post Check of BillsThe RSAMB shall have right to provide a system of pre-check of Contractor’sbills by a specified Organisation, and payment by an Engineer or an Account Officer/ Sr.Account Officer/ Chief Accounts Officer/ Financial Advisor, as the RSAMB may in itsabsolute discretion prescribe. Any over-payments/ excess payment detected, as a result ofsuch pre-check or post-check of Contractor’s bills, can be recovered from theContractor’s bills, in the manner, herein before provided, and the Contractor will refundsuch over/excess payments.Clause 48 B : Check MeasurementThe RSAMB reserves to itself, the right to prescribe a scale of check measurementof work, in general, or specific works, or by other special order (about which the decisionof the RSAMB shall be final). Checking of measurement by superior officer shallsupersede measurements by the subordinate office, and the former will become the basisof the payment. Any over/excess payments detected, as a result of such checkmeasurement or otherwise at any stage upto the date of completion and the defectremoval period specified else-where in this contract, shall be recoverable from theContractor, as any other dues payable to the RSAMB.Clause 49 : Dismantled MaterialsThe Contractor, in course of the work, should understand that all materials e.g.stone, bricks, steel and other materials obtainable in the work by dismantling etc. will beconsidered as the property of the RSAMB and will be disposed off to the best advantageof the RSAMB, as per directions, of the Engineer-in-Charge.Clause 50 : Recovery from ContractorWhenever any claim against the Contractor for the payment of a sum of moneyarises out of or under the contract, the RSAMB shall be entitled to recover such sum byappropriating in part or whole of the Performance Guarantee and/ or Security Deposit, atthe time of enlistment of the Contractor. In the event of the security being insufficient, orif no security has been taken, then the balance or the total sum recoverable, as the casemay be, shall be deducted from any sum, then due or which at any time, their after, maybecome due to the Contractor, under this or any other contract with theAdministrator/Chairman of RSAMB. Should this sum be not sufficient to cover the fullamount recoverable, the Contractor shall pay to the RSAMB on demand the balanceremaining dues.The RSAMB shall, further, have the right to effect such recoveries under PublicDemands Recovery Act.Clause 51 : Jurisdiction of CourtIn the event of any dispute arising between the parties hereto, in respect of any ofthe maters comprised in this agreement, the same shall be settled by a competent Courthaving jurisdiction over the place, where agreement is executed as by no other court, aftercompletion of proceedings under Clause 23 of this Contract.Signature of ContractorExecutive Engineer

S.No.Schedule of Materials to be supplied by the Department, if available(Referred to in Clause 10)RatesParticularQuantityPlace of DeliveryUnits RupeesSchedule of Machinery/T&P to be supplied by the DepartmentThe following Machinery/ T&P shall be supplied by the Department, if available,to the Contractor, on hire as per “Rules of the Department for supply for machinery andT&P to the Contractor on hire”(Referred to in Clause 10C)S.No. Item Rate Place of Delivery and ReturnProgress Statement referred to in Clause 2 of Conditions of ContractName of workDate from which thework should becommencedDate by which thework should becompletedMonthly rate ofProgressThe Contractor has been informed that his tender has been acceptedDate Signature of Engineer-in-chargeDate Signature of ContractorSignature of ContractorExecutive Engineer

Notes : For Filling in the Progress Statement Form1. Columns 2,3 and 4 must be initialed and date by the Contractor2. Columns 4 must be initialed and dated by the Administrator/ Chairman or otherduly authorised Engineer also.3. The date in Columns 2 should correspond to the date on which the order tocommence work is given to the contractor read with Clause 2 of the conditions ofcontract.4. The date in columns 3 must correspond to the period stated in Sub Clause (e) ofthe Memorandum below “Tender for works”.5. Columns 4. This will ordinarily be worked out proportionately; thus if Rs.24,000/- is the cost of the whole or portion of work tender for, and six monthsperiod of completion, then the monthly rate of progress should be Rs. 4,000. Ifnecessary, quantities may also be specified in this column at the discretion of theAdministrator/ Chairman.6. The Certificate as to intimation of acceptance of tender at the foot of the form,must be signed and date both by the Administrator/ Chairman or other dulyauthorised Engineer and the Contractor.Executive EngineerRSAMB BaranSignature of ContractorExecutive Engineer

Tender Inviting Authority: Rajasthan State Agricultural Marketing Board, Division BaranName of Work: Construction of Cement Concrete Internal Roads at Main Mandi Yard Under KUMS KhanpurContract No: /2012-13. Rates are Based on P.W.D. BSR Circle Jhalawar 2013 for Road works & 1st june 2012for Building WorksBidderName: Excess ( + ) %Sl.No.Description of work1 Clearing and grubbing road land includinguprooting wild vegetation, grass, bushes, shrubs,saplings and trees of girth upto 300 mm, removalof stumps of such trees cut earlier and disposal ofunserviceable materials and stacking ofserviceable material to be used or auctioned, uptoa lead of 1000 m including removal and disposal oftop organic soil not exceeding 150 mm inthickness as per Technical Specification Clause201.a) Manual MeansIn area of non-thorny jungleSCHEDULE OF WORKSNo.or UnitQty.FigureEstimated RateWords0.22 Hect. 22700.00 Rupees Twenty TwoThousand SevenHundred OnlyAMOUNTRs. P4994.002 Excavation for roadway in soil using manualmeans for carrying of cut earth to embankment sitewith a lift upto 1.5 m and lead upto 50 m as perTechnical Specification Clause 302.31507 Cum 56.00 Rupees Fifty Six Only 84392.003 Dismantling /digging out entire road wearing coatof bituminous surface including removal ofdismantled material up to all leads.4 Digging out entire WBM surface including sortingout serviceable material, its stacking and removalof rubbish upto all leads.5 Haulage of materials by tipper excluding cost ofloading , unloading & stacking Case-I SurfacedRoad with all leads.6 Loading of Earth, Sand, Moorum, Manure, Flyashby manual means including all leads.7 Unloading of Earth, Sand, Moorum, Manure,Flyash by manual means including all leads.8 Fillling in foundation trenches as per drawing andtechnical specification Clause 305.3.9a) Sand Filling9 Construction of granular sub-base by providingwell graded material, spreading in uniform layerswith motor grader on prepared surface, mixing bymix in place method with rotavator at OMC, andcompacting with smooth wheel roller to achievethe desired density, complete as per TechnicalSpecification Clause 401.a) For Grading III Material23 Cum. 192.05 Rupees OneHundred & NinetyTwo - Paise FiveOnly92 Cum. 44.85 Rupees Fourty Four -Paise Eighty FiveOnly3244 t.km 9.30 Rupees Nine - PaiseThirty Only1622 Cum. 23.00 Rupees TwentyThree Only1622 Cum 14.00 Rupees FourteenOnly614 Cum. 324.00 Rupees ThreeHundred & TwentyFour Only330 Cum. 350.00 Rupees ThreeHundred & Fifty Only4417.004126.0030169.0037306.0022708.00198936.00115500.00Signature of Tenderer with seal

Sl.No.Description of work10 WBM Grading 1Providing, laying, Spreading and compacting stoneaggreates of specific sizes to water bondmachadam specificaton including spreading inuniform thickness, hand packing, rolling with threewheel 80-100 Kn static roller in stages to propergrade and camber, applying and broomingcrussable screening to fill up the interstices ofcoarse aggregate, watering and compacting to therequired density Grading 1 as per TechnicalSpecification Clause 405 (by manual means)Agg. To be collected from digging out of existingWBMNo.orQty.UnitFigureEstimated RateWords48 Cum. 480.50 Rupees FourHundred & Eighty -Paise Fifty OnlyAMOUNTRs. P23064.0011 Providing, laying, spreading and compactinggraded stone aggregate to wet mix macadamspecification including premixing the material withwater at OMC in mechanical mixer (Pug Mill),carriage of mixed material by tipper to site, layingin uniform layers in sub-base/base course on awell prepared sub-base and compacting withsmooth wheel roller of 80 to 100kN weight toachieve the desired density including lighting,barricading and maintenance of diversion, etc asper Tables 400.11 & 400.12 and TechnicalSpecification Clause 406.(By Mechanical Meanswith all lead)95 Cum. 1090.00 Rupees OneThousand &NinetyOnly103550.0012 Providing concrete for plain/reinforced concrete inopen foundations complete as per drawings andtechnical specifications Clause 802, 803, 1202 &1203 P.C.C grade M 10 Nominal mix 1:3:6559 Cum. 3140.00 Rupees ThreeThousand OneHundred & FourtyOnly1755260.0013 Construction of un-reinforced, dowel jointed atexpansion and construction joint only, plaincement concrete pavement, thickness as perdesign, over a prepared sub base, with 43 gradecement or any other type as per Clause 1501.2.2M30 (Grade), coarse and fine aggregatesconforming to IS:383, maximum size of coarseaggregate not exceeding 25 mm, mixed in aconcrete mixer of not less than 0.2 cum capacityand appropriate weigh batcher using approved mixdesign, laid in approved fixed side formwork (steelchannel, laying and fixing of 125 micron thickpolythene film, wedges, steel plates includinglevelling the formwork as per drawing), spreadingthe concrete with shovels, rakes, compacted usingneedle, screed and plate vibrators and finished incontinuous operation including provision ofcontraction and expansion, construction joints,applying debonding strips, primer, sealant, dowelbars, near approaches to bridge/culvert andconstruction joints, admixtures as approved, curingof concrete slabs for 14-days,13.1 using curing compound (where specified) andwater finishing to lines and grade as per drawingand Technical Specification Clause 15011051 Cum. 5308.00 Rupees FiveThousand ThreeHundred & EightOnly5578708.00Signature of Tenderer with seal

Sl.No.Description of work14 Supplying, fitting and placing HYSD barreinforcement in foundation complete as perdrawings and technical specifications Clauses1000 and 120215 Earthwork in excavation for structures as perdrawing and technical specifications Clause 305.1including setting out, construction of shoring andbracing, removal of stumps and other deleteriousmaterial and disposal upto a lead of 50 m,dressing of sides and bottom and backfilling intrenches with excavated suitablematerial.Ordinary soil Upto 3 m depthNo.orQty.UnitFigureEstimated RateWords1.49 MT. 63002.00 Rupees Sixty ThreeThousand &TwoOnly181 Cum. 128.00 Rupees OneHundred & TwentyEight OnlyAMOUNTRs. P93873.0023168.0016 Providing concrete for plain/reinforced concrete inopen foundations complete as per drawings andtechnical specifications Clause 802, 803, 1202 &1203P.C.C. grade M 20 Nominal mix (1:2:4)17 Stone masonry work in cement mortar infoundation complete as per drawing and technicalspecifications Clauses 702, 704, 1202 & 1203.Random Rubble Masonry In cement mortar 1:410 Cum. 3750.00 Rupees ThreeThousand SevenHundred & Fifty Only47 Cum. 2228.00 Rupees TwoThousand TwoHundred & TwentyEight Only37500.00104716.0018 Plastering with cement mortar (1:4), 15 mm thickon brickwork in substructure as per technicalspecification Clauses 613.4 & 120419 Laying Cement Concrete Pipe NP3 (burriedconduits) on first class bedding of granularmaterial including fixing collar with cement sandmortar 1:2 but excluding excavation, protectionworks, backfilling, concrete and masonary work inhead wall and parapets300 mm dia20 Providing and fixing steel gate grating and grillsmade of angles, tees, square bars or other flatsblack pipe with holdfast and fittings complete asper design and drawing including cutting weldingand fabrication with priming coat of red oxide.83 10 sqm 1170.00 Rupees OneThousand OneHundred & SeventyOnly115 Rmt. 644.00 Rupees Six Hundred& Fourty Four Only2560 Kg. 62.00 Rupees Sixty TwoOnly9711.0074060.00158720.0021 Providing and fixing rigid PVC Pipe (IS : 4985mark) Class II (4 Kg./Cm2) approved quality /make including jointing the pipe with solventcement rubber ring and lubricant.160 mm diaTotal estimated cost in FiguresQuoted AmountQuoted rate in Words171 Rmt. 228.00 Rupees TwoHundred & TwentyEight Only38988.008503866.008503866.00 8503866.00Rupees Eighty Five Lakh Three Thousand Eight Hundred & Sixty SixOnlySignature of Tenderer with seal