PUBLIC WORKS DEPARTMENT - e-Tendering

E-28/3GOVERNMENT OF MAHARASHTRAPUBLIC WORKS DEPARTMENTPUBLIC WORKS REGION, NASHIKPUBLIC WORKS CIRCLE, JALGAONB-1E - TENDER PAPERSNAME OF WORK: - ST BT to Nashirabad Bhadali Road VR-56 Tal.Jalgaon (Length 900 m)Rs. 14,99,826/-EXECUTIVE ENGINEER,P.W. DIVISION, JALGAON

3Dy. E. E.Contractor No. of correction Executive Engineer 3

2Dy. Ex. Engineer,GOVERNMENT OF MAHARASHTRAPUBLIC WORKS DIVISION, JALGAONE-TENDER NOTICE NO. 28 for 2012 -2013Sealed E-Tenders in B-1 Form for the following work invited by Executive Engineer, P. W. Division, Jalgaon Phone No.(0257-2227343) From Registered Contractors in appropriate Class ( Public Works Dept. only ) with Government ofMaharashtra. Tender Notice is also available on Notice Board of P. W. Division, Jalgaon and on our websitewww.mahapwd.com / https://pwd.maharashtra.etenders.inE-Name of WorkTender Sr.No.28/3 ST BT to NashirabadBhadali Road VR-56 Tal.Jalgaon (Length 900 m)EstimatedCost put totenderEarnestMoneyCost of TenderForm14,99,826/- 15,000/- 1,000/-TENDER SCHEDULETime Limit ofcomplition of work/Reg.ClassThree (3) monthsincludingmansoon/Class VI & AboveTender form, conditions of contract, specifications and contract drawings can be………………………………………………………………………………. downloadedfrom the e-Tendering portal of Public Works Department, Government ofMaharashtra i.e. https//:pwd.maharashtra.etenders.in after entering the detailspayment of Rs. 1,000/- (Rupees One Thousand only.) in the form of DD/ PayOrder of Scheduled or Nationalised Bank in favour of Executive Engineer, PublicWorks Division, Jalgaon, Dist Jalgaon Payable at Jalgaon as per the TenderSchedule. Further information regarding the work can be obtained from the aboveoffice.The Tender Fee in the form of DD / Pay Order, Drawn in the name of ExecutiveEngineer Public Works Division, Jalgaon./ Attested EMD Exemption certificate,Affidavit should be submitted by hand delivery in sealed covers addressed to theExecutive Engineer Public Works Division, Jalgaon with the name of thework written at the top of the envelope will be received in the office of theExecutive Engineer Public Works Division, Jalgaon as per the TenderSchedule. Bids will be opened as per the Tender Schedule, in the presence of suchintending Tenderers or his/ their authorized representatives who may be present atthat time.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

3Dy. Ex. Engineer,TENDERING PROCEDURE : -1.1 A. Blank Tender Forms.Tender Forms can be downloaded from the Tendering Portal of PublicWorks Department, Government of Maharashtra i.e.https//:pwd.maharashtra.etenders.in after entering the details of paymenttowards tender fees as per the Tender Schedule.1.2 B PRE-TENDER CONFERENCE: - Not applicable1.2.1 Pre-tender conference open to all prospective tenderers who havedownloaded tender form before the date of Pre-tender Conference, will beheld at Jalgaon on / /2012 at 16.00 Hrs. in the office of theSuperintending Engineer, Public Works Circle, Jalgaon Opp. CollectorOffice, Zilha Peth, Jalgaon wherein prospective Tenderers will have anopportunity to obtain clarifications regarding the work and the TenderConditions.1.2.2 The prospective tenderers are free to ask for any additional information orclarification either in writing or orally concerning the work, and the reply to thesame will be given by the Chief Engineer / Superintending Engineer, inwriting and this clarification referred to as Common Set ofConditions/Deviations (C.S.D.), shall form part of tender documents andwhich will also be common and applicable to all tenderers. The point/points ifany raised in writing and/or verbally by the contractor in pre-tenderconference and not finding place in C.S.D. issued after the pre- bidconference, is/are deemed rejected. In such case the provision in NIT shallprevail. No individual correspondence will be made thereafter with thecontractor in this regard.1.2.3 The tender submitted by the tenderer shall be based on the clarification,additional facility offered (if any) by the Department, and this tender shall beunconditional. Conditional tenders shall be summarily REJECTED.1.2.4 All tenderers are cautioned that tenders containing any deviation from thecontractual terms and conditions, specifications or other requirements andSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

4Dy. Ex. Engineer,conditional tenders will be treated as non responsive. The tenderer shouldclearly mention in forwarding letter that his offer (in envelope No. 1& 2) doesnot contain any conditions, deviations from terms and conditions stipulated inthe tender.1.2.5 Tenderers should have valid Class I/II Digital Signature Certificate (DSC)obtained from any Certifying Authorities. In case of requirement of DSC,interested Bidders should go tohttp://maharashtra.etenders.in/mah/DigitalCerti.asp and follow theprocedure mentioned in the document ‘Procedure for application of DigitalCertificate’.1.2.6 The Tenderers have to make a payment of Rs 1038/- online as servicecharges for the use of Electronic Tendering during Online Bid DataDecryption and Re-encryption stage of the Tender.1.2.7 For any assistance on the use of Electronic Tendering System, the Usersmay call the below numbers:Sify Technotigies Ltd. Nextender(India) Pvt Ltd. On 020-25315555/25315556(Pune) or 9167969601 / 04 or can e-mail at : support.gom@nextenders.com1.2.8 Tenderers should install the Mandatory Components available on the HomePage of http://maharashtra.etenders.in under the section ‘MandatoryComponents’ and make the necessary Browser Settings provided undersection ‘Internet Explorer Settings’1.3 Guidelines to Bidders on the operations of Electronic Tendering Systemof Public Works Department. http://pwd.maharashtra.etenders.inA. Pre-requisites to participate in the Tenders processed by PWD:1. Enrolment and Empanelment of Contractors on Electronic TenderingSystem:The Contractors interested in participating in the Tenders of Public WorksDepartment –processed using the Electronic Tendering System shall berequired to enroll on the Electronic Tendering System to obtain User ID.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

5Dy. Ex. Engineer,After submission of application for enrolment on the System, the applicationinformation shall be verified by the Authorized Representative of the ServiceProvider. If the information is found to be complete, the enrolment submittedby the Vendor shall be approved.For participating in Limited and Restricted tenders the registered vendorshave to apply for empanelment on the sub-portal of PWD in an appropriateclass of registration. The empanelment will have to be approved by therespective officer from the PWD. Only empanelled vendors will be allowed toparticipate in such tenders.The Contractors may obtain the necessary information on the process ofenrolment and empanelment either from Helpdesk Support Team or may visitthe information published under the link Enrol under the section E-TenderingToolkit for Bidders on the Home Page of the Electronic Tendering System.2. Obtaining a Digital Certificate:The Bid Data that is prepared online is required to be encrypted and the hashvalue of the Bid Data is required to be signed electronically using a DigitalCertificate (Class – II or Class – III). This is required to maintain the securityof the Bid Data and also to establish the identity of the Contractor transactingon the System.The Digital Certificates are issued by an approved Certifying Authorityauthorized by the Controller of Certifying Authorities of Government of Indiathrough their Authorized Representatives upon receipt of documents requiredto obtain a Digital Certificate.Bid data / information for a particular Tender may be submitted only using theDigital Certificate which is used to encrypt the data / information and sign thehash value during the Bid Preparation and Hash Submission stage. In caseduring the process of preparing and submitting a Bid for a particular Tender,the Contractor loses his/her Digital Signature Certificate (i.e. due to virusSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

6Dy. Ex. Engineer,attack, hardware problem, operating system problem); he / she may not beable to submit the Bid online. Hence, the Users are advised to store his / herDigital Certificate securely and if possible, keep a backup at safe place underadequate security to be used in case of need.In case of online tendering, if the Digital Certificate issued to an AuthorisedUser of a Partnership Firm is used for signing and submitting a bid, it will beconsidered equivalent to a no objection certificate / power of attorney to thatUser to submit the bid on behalf of the Partnership Firm. The PartnershipFirm has to authorize a specific individual via an authorization certificatesigned by a partner of the firm (and in case the applicant is a partner, anotherpartner in the same form is required to authorised) to use the digitalcertificate as per Indian Information Technology Act, 2000.Unless the Digital Certificate is revoked, it will be assumed to representadequate authority of the Authority User to bid on behalf of the Firm for theTenders processed on the Electronic Tender Management System ofGovernment of Maharashtra as per Indian Information Technology Act, 2000.The Digital Signature of this Authorized User will be binding on the Firm. Itshall be the responsibility of Partners of the Firm to inform the CertifyingAuthority or Sub Certifying Authority, if the Authorized User changes, andapply for a fresh Digital Signature Certificate. The procedure for application ofa Digital Signature Certificate will remain the same for the new AuthorisedUser.The same procedure holds true for the Authorized Users in a Private / PublicLimited Company. In this case, the Authorisation Certificate will have to besigned by the Director of the Company or the Reporting Authority of theApplicant.For information on the process of application for obtaining Digital Certificate,the Contractors may visit the section Digital Certificate on the Home Page ofthe Electronic Tendering System.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

7Dy. Ex. Engineer,3. Recommended Hardware and Internet Connectivity:To operate on the Electronic Tendering System, the Contractors arerecommended to use Computer System with at least 1 GB of RAM andbroadband connectivity with minimum 512 kbps bandwidth.4. Set up of Computer System for executing the operations on theElectronic Tendering System:To operate on the Electronic Tendering System of Government ofMaharashtra, the Computer System of the Contractors is required be set up.The Contractors are required to install Utilities available under the sectionMandatory Installation Components on the Home Page of the System.The Utilities are available for download freely from the above mentionedsection. The Contractors are requested to refer to the E-Tendering Toolkit forBidders available online on the Home Page to understand the process ofsetting up the System, or alternatively, contact the Helpdesk Support Teamon information / guidance on the process of setting up the System.5. Payment for Service Provider Fees:In addition to the Tender Document Fees payable to PWD, the Contractorswill have to pay Service Providers Fees of Rs. 1,038/- through onlinepayments gateway service available on Electronic Tendering System. For thelist of options for making online payments, the Contractors are advised to visitthe link E-Payment Options under the section E-Tendering Toolkit for Bidderson the Home Page of the Electronic Tendering SystemB. Steps to be followed by Contractors to participate in the e-Tendersprocessed by PWDSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

8Dy. Ex. Engineer,1. Preparation of online Briefcase:All Contractors enrolled on the Electronic Tendering System of Governmentof Maharashtra are provided with dedicated briefcase facility to storedocuments / files in digital format. The Contractors can use the onlinebriefcase to store their scanned copies of frequently used documents / files tobe submitted as a part of their bid response. The Contractors are advised tostore the relevant documents in the briefcase before starting the BidPreparation and Hash Submission stage.In case, the Contractors have multiple documents under the same type (e.g.multiple Work Completion Certificates) as mentioned above, the Contractorsadvised to either create a single .pdf file of all the documents of same type orcompress the documents in a single compressed file in .zip or .rar formatsand upload the same.It is mandatory to upload the documents using the briefcase facility.Therefore, the Contractors are advised to keep the documents ready in thebriefcase to ensure timely bid preparation.Note: Uploading of documents in the briefcase does not mean that thedocuments are available to PWD at the time of Tender Opening stage unlessthe documents are specifically attached to the bid during the online BidPreparation and Hash Submission stage as well as during Decryption andRe-encryption stage.2. Online viewing of Detailed Notice Inviting Tenders:The Contractors can view the Detailed Tender Notice along with the TimeSchedule (Key Dates) for all the Live Tenders released by PWD on the homepage of PWD e-Tendering Portal on https://pwd.maharashtra.etenders.inunder the section Recent Online Tender.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

9Dy. Ex. Engineer,3. Download of Tender Documents:The Pre-qualification / Main Bidding Documents are available for freedownloading. However to participate in the online tender, the bidder mustpurchase the bidding documents online by filling up details of DemandDraft towards the cost of Tender Form Fee4. Online Bid Preparation and Submission of Bid Hash (Seal) of Bids:Submission of Bids will be preceded by online bid preparation andsubmission of the digitally signed Bid Hashes (Seals) within the Tender TimeSchedule (Key Dates) published in the Detailed Notice Inviting Tender. TheBid Data is to be prepared in the templates provided by the TenderingAuthority of PWD. The templates may be either form based, extensible tablesand / or uploadable documents. In the form based type of templates andextensible table type of templates, the Contractors are required to enter thedata and encrypt the data using the Digital Certificate.In the uploadable document type of templates, the Contractors are requiredto select the relevant document / compressed file (containing multipledocuments) already uploaded in the briefcase.Notes:a. The Contractors upload a single document or a compressed file containingmultiple documents against each unloadable option.b. The Hashes are the thumbprint of electronic data and are based on one –way algorithm. The Hashes establish the unique identity of Bid Data.c. The bid hash values are digitally signed using valid Class – II or Class – IIIDigital Certificate issued any Certifying Authority. The Contractors arerequired to obtain Digital Certificate in advance.d. After the hash value of bid data is generated, the Contractors cannot makeany change / addition in its bid data. The bidder may modify bids before thedeadline for Bid Preparation and Hash Submission as per Time Schedulementioned in the Tender documents.e. This stage will be applicable during both, Pre-bid / Pre-qualification andFinancial Bidding Processes.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

10Dy. Ex. Engineer,5. Close for Bidding (Generation of Super Hash Values):After the expiry of the cut – off time of Bid Preparation and Hash Submissionstage to be completed by the Contractors has lapsed, the Tender will beclosed by the Tender Authority.The Tender Authority from PWD shall generate and digitally sign the SuperHash values (Seals).6. Decryption and Re-encryption of Bids (submitting the Bids online):After the time for generation of Super Hash values by the Tender Authorityfrom PWD has lapsed, the Contractors have to make the online payment ofRs. 1,038/- towards the fees of the Service Provider.After making online payment towards Fees of Service Provider, theContractors are required to decrypt their bid data using their Digital Certificateand immediately re-encrypt their bid data using the Public Key of theTendering Authority. The Public Key of the Tendering Authority is attached tothe Tender during the Close for Bidding stage.Note: The details of the Processing Fees shall be verified and matchedduring the Technical Opening stage.At this time, the Contractors are also required to upload the files for whichthey generated the Hash values during the Bid Preparation and HashSubmission stage.The Bid Data and Documents of only those Contractors who have submittedtheir Bid Hashes (Seals) within the stipulated time (as per the Tender TimeSchedule), will be available for decryption and re-encryption and to uploadthe relevant documents from Briefcase. A Contractor who has not submittedhis Bid Preparation and Hash Submission stage within the stipulated time willnot be allowed to decrypt / re-encrypt the Bid data / submit documents duringthe stage of Decryption and Re-encryption of Bids (submitting the Bidsonline).Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

11Dy. Ex. Engineer,7. Short listing of Contractors for Financial Bidding Process:The Tendering Authority will first open the Technical Bid documents of allContractors and after scrutinizing these documents will shortlist theContractors who are eligible for Financial Bidding Process. The shortlistedContractors will be intimated by email.8. Opening of the Financial Bids:The Contractors may remain present in the Office of the Tender OpeningAuthority at the time of opening of Financial Bids. However, the results of theFinancial Bids of all Contractors shall be available on the PWD e-TenderingPortal immediately after the completion of opening process.9. Tender Schedule (Key Dates):The Contractors are strictly advised to follow the Dates and Times allocatedto each stage under the column “Contractor Stage” as indicated in the TimeSchedule in the Detailed Tender Notice for the Tender. All the onlineactivities are time tracked and the Electronic Tendering System enforcestime-locks that ensure that no activity or transaction can take place outsidethe Start and End Dates and Time of the stage as defined in the TenderSchedule.At the sole discretion of the Tender Authority, the time schedule of theTender stages may be extended3. EARNEST MONEY AND SECURITY DEPOSIT :Scanned copy Earnest Money Deposit (E.M.D.) which should be paidby Treasury Challan in any Government Treasury/ Sub-Treasury/ State Banko India/ Hyderabad/ Reserve Bank of India and the receipted Challanattached or Term Deposit Receipt for a period of one year issued by anyscheduled Bank in favour of Executive Engineer, Public Works Division,Jalgaon separately for each work. When the amount is remitted throughTreasury Challan it should be credited under head “8782-Cash Remittance-I”Remittances into Treasury” in favour of the Executive Engineer, PublicWorks Division, Jalgaon and described as earnest money for the work forwhich the tender is given. (to be submitted as per the tender schedule).Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

12Dy. Ex. Engineer,4.1 The tenders who are exempted from payment of earnest moneydeposit should attach an attested copy of valid exemption certificate fromGovernment of Maharashtra regarding its exemption duly attested by aGazetted Officer.4.2 Earnest money in any other form or cash or cheque will not be accepted.4.4 The amount of earnest money will be forfeited, in cast a successful contractordoes not pay the amount of initial security deposit within the time specified asstipulated by the Executive Engineer and complete the contract documents.In all other cases, earnest money will be refunded.4.5 SECURITY DEPOSITThe total Security Deposit to be paid shall be 4 % ( Four percent )(Rs.60,000/-) of amount put to tenderThe successful tenderer Term Deposit Receipt shall have to pay, half of theSecurity Deposit preferably in the form of National Saving Certificate or in theform of Bank Guarantee (in the form as prescribed by Govt.) from anyScheduled Bank in favour of Executive Engineer, Public Works Division,Jalgaon within 10 days of acceptance of tender, and the balance securitydeposit will be recovered from running account bills at the percentage asshown in item (d) of the memorandum in printed B-1 form or as may bedecided by the Executive Engineer during course of execution of the worklooking to the position and circumstances that may prevail, whose orders willbe final and binding on the contractor.The Security deposit for the due performance of the contract shall beas detailed in the tender documents elsewhere. Fifty percent of the Securitydeposit will have to deposited within ten days of the acceptance of the tenderand the remaining fifty percent will be recovered from the running bills as therate as specified in the tender form on the cost of work as per CSR prevailingSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

13Dy. Ex. Engineer,at the time of acceptance of tender. Amount of total security deposit to bepaid shall be 4 % ( Four Percent ) of the cost of work worked out as perD.S.R. 2012-2013 of respective District.Initial Security Deposit may be in Bank Guarantee form in formatenclosed Tender document for full period of completion of work and it shouldbe extendable upto expiry of valid extension if any, as directed by Engineerin-charge.4.6 Condition for Payment of Additional security deposit if the offer isreceived lower than 15% below.In case the tenderer offers the rates lower than 15 % below the estimatedcost put to tender, in that case, Contractor should submit the rate analysiswith explanation of how the work will be carryout in the quoted below offer &the tenderer will have to pay additional Security deposit along with the initialSecurity deposit, for performance of work. The amount of additional securitydeposit shall be amount exceeding 15 % below offer, in the form of TermDeposit Receipt or interest bearing securities pledged in favour of theExecutive Engineer, Public Works Division, Jalgaon or in the form ofBank Guarantee for full period of completion of work and it should beextendable upto expiry of valid extension if any as directed by Engineer incharge, failing to which such tender will be considered as withdrawn and theearnest money shall be forfeited to Government. This additional Securitydeposit shall be refundable after satisfactorily completion of work.4.7 In the event of failure of the tenderer to pay cash security deposit within 10days (unless extended in writing by the Executive Engineer,) from the date ofreceipt of notice (sent by Registered Post) of acceptance of his tender, theamount of earnest money shall be forfeited to Government and theacceptance of his tender, shall be considered withdrawn. Except that in theevent of the notice of acceptance of the tender not being issued within 120Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

14Dy. Ex. Engineer,days of the date of opening of Envelope No.2 (financial bid). The tenderershall have the option (to be intimated in writing in good time before the expiryof 120 days period) of withdrawing his tender, in which case the earnestmoney should be refunded in full. All the tenders shall remain open foracceptance for 120 days from the date fixed for opening of envelope No.2.(financial bid) and thereafter until it is withdrawn by the tenderer by notice inwriting as per condition No. 2 of the Memorandum.4.8 Earnest money of the unsuccessful Tenderers will be refunded on theirapplication only after an intimation of rejection of their tender is sent to themor on the expiry of the validity period whichever is earlier.5. The acceptance of the tender may be intimated to the contractortelegraphically or otherwise and either by the officer competent to accept thetender or any authority in the department including Government and suchintimation shall be deemed to be an intimation of acceptance of the tendergiven by the authority competent to accept the tender.6. In case there is difference between amount written in figures and words, theLower offer will be taken as Final.8. Income TaxThe Income Tax @ 2.00 % and surcharge thereon or at the rates amendedfrom time to time or as intimated by the competent Income Tax authority shallbe deducted from bill amount, whether measured bill, advance payment orsecured advance.8.1 VAT TaxValue Added Tax @ 2.00 % of the contract amount will be recovered from thebill of the contractors who are registered under Maharashtra Value AddedTax Act 2005 \Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

15Dy. Ex. Engineer,8.2 INSURANCEAs per the Govt. Resolution No. FD/Insurance-1098/Case No.28/98, dated19-08-1998 and Director of Insurance Maharashtra, Mumbai letter dated 26-04-2005 Contractor has to submit Govt. Insurance policy before starting thework, failing which an amount equivalent to one percent (1%) of the tenderedcost will be recovered from the First Running Account bill of this work.8.3 Royalty Charges :As per instructions issued vide P.W.D. Government of MaharashtraResolution of Revenue and Forest Department No. Gaukhani-10/ 1009/ CR-309/ Kh (1) dated 11.2.2010 while framing the estimates. Royalty charges forthe items of supply of materials like rubble, metal, crushed metal, soft murum/ hard murum, sand and soil shall be considered in the rate of respectiveitems or actual and shall be recovered.The contractor has to pay these charges directly to Revenue Department andoriginal challans, permission documents shall be produced to concernedExecutive Engineer, If contractor fails to produce these original documentsthe royalty charges shall be recovered from contractor’s bill.8.4 Building and other construction workers cess :Building and other construction works on @ 1% or at the rate amended fromtime to time as intimated by the competent authority of building and otherconstruction workers Welfare Dept. 1996 will be deducted from bill amountwhether measured bill, advance payment or secured advance.9. TENDERING PROCEDURE9.1 The tender shall be unconditional, conditional tender shall be summarilyrejected.9.2 EXAMINATION OF DRAWING AND SITE CONDITIONS :The tenderers shall in his own interest carefully examine the drawings,conditions of contract and specifications etc. He shall also inspect the siteand acquaint himself about the climate, physical and all weather conditionsprevailing at site, the nature magnitude, special features, practicability of theSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

16Dy. Ex. Engineer,works. All existing and required means of communications and access to site,availability of housing and other facilities, the availability of labour andmaterials, labour camp site, stores, godown etc. He shall obtain all necessaryinformation as to the risk, contingencies and other circumstances which mayaffect and influence the tender. No claims on any of the above or any otherfactors will be entertained by the Government. should there be anydiscrepancy or doubt or obscurity to be observed by him, he shall set forth inwriting such discrepancies, doubts, obscurity and submit the same to theExecutive Engineer, Public Works Division, Jalgaon for elucidation assoon as possible.9.4 Manner of Submission of Tender and its Accompaniments :9.4 (A) ENVELOPE NO. 1 : ( DOCUMENTS )The first envelope “Envelope No.1” shall contain the followingdocuments of civil contractor.I. Scanned Copy of Government Treasury Challan or Terms Deposit Receiptvalid for a period of one year in favour of Executive Engineer, Public WorksDivision, Jalgaon from any Scheduled Bank for the amount of Earnest Money,or valid certificate of exemption from payment of Earnest Money, as perrevised rules for registration of contractors vide Govt. resolution CAT-1096/CR/172/Bldg-2, dated. 20/4/1998 if applicable. (True Copy thereof dulyattested by a Gazetted Officer.from P W D / Irrigation Department of Govt. ofMaharashtra to be submitted as per the tender Schedule)II.Scanned Copy of Certificate in Original or an attested copy thereof dulyattested by Gazetted Officer as a registered contractor with the Public WorksDepartment, Government of Maharashtra in appropriate class as may beapplicable of civil and electrical, valid on the date of submission.III.Scanned Copy of Details of other works tendered for and in hand with thevalue of work unfinished on the last date of submission of tender (In theproforma of Statement No. I. The Statement from the Heads of the Officesunder whom the works are in progress should be attached with civil andelectrical contractor.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

17Dy. Ex. Engineer,IV.Scanned Copy of the List of Machinery immediately available with the tendererfor use on this work and list of machinery proposed to be utilized on this work,but not immediately available and the manner in which it is proposed. (In theproforma of Statement No. II. And II-A.V. Scanned Copy of details of similar type and magnitude carried out by thecontractor Statement No. III).VI. Scanned Copy of Details of Technical personnel on the rolls of the tenderers. (In the proforma of Statement No. V )VII.Scanned Certified copy of partnership deed and Power or Attorney, in case ofa Firm, tendering for work. ( True copy duly attested by a Gazetted Officer).VIII.All Scanned Xerox copies submitted in connection with the tender shall beattested by a gazetted officer of P.W.D. only. Otherwise his / their tender willnot be considered for further action and Envelope No. 2 will not be opened.IX.Scanned Copy of Valid registration certificate under Maharashtra Value AddedTax Act 2005 under Rule No. 8 & 9./ or TIN number issued by competentauthority. This certificate should be valid on the date of tender opening.Otherwise his / their tender will not be considered for further action andEnvelope No. 2 will not be opened.X. Scanned Copy of Proof of ownership or hire agreement (which is applicableas per condition mentioned in form No.IIA) of drum hot mix plant. Thetenders of those tenderers who do not submit the proof of ownership of hotmix plant as stated above in the Envelope No.1 shall not be considered foropening of Envelope No.2 of main tender.XI.The hot mix plant shall be at such location that specified temperature ofhot mix material is maintained, and for locating hot mix plant dueconsideration be given to road condition, traffic intensity, travelling timeetc. If, the hot mix plant is not so located then Contractor shall locate theplant to a such location, within one month from the date of work orderSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

18Dy. Ex. Engineer,considering all above parameters, that temperature hot mix material ismaintained at a specified temperature while material is transported fromplant to work site (please enclose affidavit on stamp of rs. 100/- it shouldbe attested by Notary or Executive Magistrate) failure to enclose suchaffidavit in envelop No.1, the Contractor is liable for disqualification andhis envelop No.2 will not be opened.XII.The tenderer should enclose a scanned copy of certificate of Assistant ChiefEngineer (Mech.) stating that the Modern drum mix plant, self propelledMechanical paver finisher and Vibratory Rollers are as per the M.O.R.T. & H.specification 2001 (4 th revision)Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

19Dy. Ex. Engineer,FORM NO. ILIST OF WORKS TENDERED FOR AND IN HAND AS ON THE DATE OF SUBMISSIONOF THIS TENDER.Sr.No.NameofworkPlaceandcountryworks in handTenderedcostCost ofremaining workAnticipateddate ofcompletionEstimatedcostWorks tendered forDatewhendecisionisexpectedStipulated date ofperiod ofcompletion.1 2 3 4 5 6 7 8 9 10RemarksSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

20Dy. Ex. Engineer,FORM NO. IIList of plant and machinery immediately available with the tenderer for this workSr.No. Name of No. of Kind and Capacity Age and present Remarksequipment units makecondition Location1 2 3 4 5 6 7 8Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

21Dy. Ex. Engineer,FORM NO. IIIDetails of works of similar type and magnitude carried out by the contract.Name of tenderer :-Sr.No.Name ofworkcost ofworkDate ofstartingStipulateddate ofcompletionActualdate ofcompletionRemarks1 2 3 4 5 6 7Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

22Dy. Ex. Engineer,FORM NO. IVList of works carried out in the interior backward, and hilly areas during theproceeding 3 years.Name of the Tenderer :-Sr.No. Name of person Cost of Date of Date of Remarkswork starting completion1 2 3 4 5 6Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

23Dy. Ex. Engineer,FORM NO. VDetails of Technical Personnel available with the ContractorName of the Tenderer :-Sr.No.Name ofpersonQualificationsWhetherworking infield or inofficeExperienceof executionof similarworksperiod forwhich theperson isworkingwith thetenderer.1 2 3 4 5 6 7Rema--rksSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

24Dy. Ex. Engineer,STATEMENT NO. “2” (A)Statement Regarding availability / procurement of Machinery required for thework.Following machinery is required to be used for the work1 MODERN DRUM MIX PLANT conforming to clause 504.3.4 of M.O.R.T.& H. Specifications 2001.2 MECHANICAL SPRAYER : Truck mounted or towed type bituminouspressure sprayer of minimum 3 M.T. capacity.3 STATIC / VIBRATORY ROLLER of 8 to 10 tonne static weight withamplitude and frequency of vibration desired for earthwork, W.B.M. andB.B.M.4 SELF PROPELLED MECHANICAL PAVER FINISHER confirming toclause 504.3.5 of M.O.S.T. specification of 2001.QUESTION 1.The details of machinery as owned by contractor and available with him forimmediate deployment on this work to be submitted in the followingproforma.Sr.No. Type of Machinery No. ofUnitsNames ofworks onwhichdevelopedat presentLocation1 2 3 4 51 Modern drum mixplant2 Mechanical sprayer3 Static / Vibratory roller4 Self Propelledmechanical Paverfinisher.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

25Dy. Ex. Engineer,|ÉÊiÉYÉÉ {ÉjÉÉSÉÉ xɨÉÖxÉÉ(¯û 100/- SªÉÉ º]ìõ¨{É {Éä{É®ú´É®ú Affidavit by Notary or Executive Magistrate )¨ÉÒ JÉɱÉÒ±É ºÉ½þÒ Eò®úhÉÉ®ú |ÉÊiÉYÉÉ {ÉjÉ Ê±É½ÚþxÉ näùiÉÉä EòÒ, ----------------------------------------------------------------------------------------------------------------------------------- ªÉÉEòɨÉɺÉÉ`öÒ ¨ÉÉZÉÉ Drummix plant / Batch mix plant +ÉÉ +ÆiÉ®úÉ´É®ú ´É ºlɳýÉ´É®ú +ɽäþEòÒ, EòɨÉÉSªÉÉ VÉÉMÉä´É®ú ªÉähÉÉ®äú =¹hÉ Ê¨ÉʸÉiÉ ¨ÉɱÉÉSÉä {ɺɮúÊ´ÉhªÉɺÉÉ`öÒ ´É +ÆÊiÉ¨É nù¤ÉÉ

26Dy. Ex. Engineer,On stamp of Rs. 100/- The agreement should be attested ( Affidavit) byNotary or Executive Magistrate.AGREEMENTAn Agreement for hire of Moderm drum mix plant / Mechanical sprayer /Static / vibratory roller and paver finisher for execution of asphalting roadagreement made on ---------------------------------- Two Thousand ThreeBETWEENANDWhereas :-The second Party intends to submit his tender for the work ofgovernment. Where in the use of drum mix plant, paver, Roller andMechanical sprayer for asphalting is made obligatory on the party of theintending tenderer for submission of the fleet of such requisite machinery. Heintends to seek it from the first party on hire who is already in possession ofabove machinery. The first party will make the machinery available to thesecond party at any time as per his requirement and as per terms andconditions entered hereinafter as under.The second party shall have to pay the hire charges for the use of thesaid machinery on his contracted work on plant hour basis at the ratemutually agreed upon from time to time during the currency of the contract.This agreement is made for the work of ----------------------------------------Also we are submitting the papers for Hot mix plant paver, roller andmechanical sprayer along with the bond.Signed and delivered bySignaturewithin named as party Party 11,2 in the presence of Party 21) --------------------------------------------2) ------------------------------------------Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

27Dy. Ex. Engineer,(On Stamp paper worth Rs. 100/-)6.00 MODEL FORM OF BANK GUARANTEE BONDFOR SECURITY DEPOSITIn consideration of the Government of Maharashtra (herein afterreferred to as “The Government”) having agreed to exempt ----------------------------------- (herein after referred to as :The Contractor”) fromdepositing with the Government in cash the sum of Rs. ----------------- (Rupees ---------------------------------------------------------------- only.)being the amount of security deposit payable by the Contractor to theGovernment under the terms and conditions of the agreement datedthe _____________ day of ____________and made between theGovernment of the one part and the Contractor of the other part (hereinafter referred to as “the said Agreement”) for ________________assecurity for due observance and performance by the Contractor of theterms and conditions of the said Agreement, on the contractorfurnishing to the Government a guarantee in the prescribed form of ascheduled bank in India in face those presents in the like sum of Rs.__________(Rupees_________________________________________________only).BANK/LIMITED registered in India under ___________________Actand having one of our local Head office at __________________dohere by:-1. GUARANTEE TO THE GOVERNMENT :-(A)(B)Due performance and observance by the Contractor of the terms andconditions on the part of the contractor contained in the said AgreementandDue and punctual payment by the Contractor to the Government of allsums of money, losses, damages, cost charges, penalties andexpenses payable to the Government by the Contractor under or inrespect to the said Agreement.2. Undertake to pay to the Government on demand and without demurand not withstanding any dispute or disputes raised by theContractor(s) in any suit or proceeding filed in any Court of tribunalrelating thereto the said sum of Rs.-________ (Rupees____________________only) or such less sum may be demanded bythe Government from us, our liability hereunder being absolute andunequivocal and agree that.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

28Dy. Ex. Engineer,3.a)(b)(i)(ii)(iii)(iv)(v)(vi)(c)(d)The guarantee herein contained shall remain in full force and effectduring the subsistence of the said Agreement and that the same willcontinue to enforceable till all the dues of the Government under or byvirtue of the said Agreement have been duly paid and it’s claimssatisfied or discharged and till the Government certifies that the termsand conditions of the said Agreement have been fully, properlycarried out by the Contractor.We shall not be discharged or released from the liability underthis guarantee by reasons ofAny change in the constitution of the bank of the Contractor, orAny arrangement entered into between the Government and theContractor with or without our consent;Any forbearance or indulgence shown to the Contractor.Any variation in the terms and conditions contained in the saidAgreement.Any time given to the Contractor, or;Any other conditions or circumstances under which, in law, asurety would be discharged.Our liability herein under shall be joint and several with that of theContractor as if we were principal debtors in respect of the said sumof Rs._____(Rupees _________________________ _only).We shall not revoke this guarantee during its currency exceptwith the previous consent in writing of the Government.IN WITNESS WHERE OF THE common seal of _________________________________________ has been herein affixed this________________day of ______________ 20. The common seal of______ was pursuant to the resolution of the Board of Directors of theCompany dated the _________________ day of ____________herein affixed in the presence of ______________who, in tokenthereof, have here to set their respective hands in the presence of.(1) -------------------------------------------- (2) ------------------------------Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

29Dy. Ex. Engineer,7 WORK SEQUENCE AND METHODOLOGYNAME OF WORK :ST BT to Nashirabad Bhadali Road VR-56 Tal.Jalgaon (Length 900 m)Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

30Dy. Ex. Engineer,1. 8.0 DECLARATION OF THE CONTRACTORI/We hereby declare that I/We have made myself/ourselvesthoroughly conversant with the local conditions regarding all materialsand labour on which I/We have based my/our rates for this tender. Thespecifications, and lead of materials on this work have been carefullystudied and understood by me/us before submitting this tender. I/Weundertake to use only the best materials approved by the ExecutiveEngineer, Public Works Division, Jalgaon. or his duly authorisedassistant, before starting the work and to abide by his decision.Signature of Contractor.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

31Dy. Ex. Engineer,CHAPTER IVGENERAL DESCRIPTION OF WORKNAME OF WORK :ST BT to Nashirabad Bhadali Road VR-56 Tal. Jalgaon(Length 900 m)GENERAL DESCRIPTION:Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

32Dy. Ex. Engineer,FORM B-1PERCENTAGE RATE TENDER AND CONTRACT FOR WORKSDEPARTMENT : PUBLIC WORKS DEPARTMENTREGION : PUBLIC WORKS REGION, NASIKCIRCLE : PUBLIC WORKS CIRCLE, JALGAONDIVISION : PUBLIC WORKS DIVISION, JALGAONGENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OFCONTRACTORS.1. All works proposed to be executed by contract shall be notified in aform of invitation to tender pasted on a board hung up in the office ofthe Executive Engineer, and signed by the Executive Engineer.This form will state the work to be carried out as well as the date forsubmitting and opening tenders, and the time allowed for carrying outthe work, also the amount of the earnest money to be deposited withthe tender and the amount of security deposit to be deposited by thesuccessful tenderer, and the percentage, if any, to be deducted frombills. It will also state whether a refund of a quarry fees, royalties, duesand ground rents will be granted. Copies of the specifications, designsand drawings, estimated rates, scheduled rates and any otherdocuments required in connection with the work shall be signed by theExecutive Engineer for the purpose of identification and shall also beopen for inspection by contractors at the office of the ExecutiveEngineer during office hours.Where the works are proposed to be executed according to thespecifications recommended by a contractor and approved by acompetent authority on behalf of the Governor of Maharashtra suchspecifications with designs and drawings shall form part of theaccepted tender.2. In the event of the tender being submitted by a firm, it must be signedby each partner thereof, and in the event of the absence of any partner,it shall be signed his behalf by a person holding a power of attorneyauthorizing him to do so.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

33Dy. Ex. Engineer,2(a).i) The contractor shall be pay along with the tender the sum of Rs.15000/- (Rupees Fifteen thousand only.) as and by way of earnestmoney. The contractor may pay the said amount by forwarding alongwith the tender *treasury challan or short term deposit receipt for aperiod of one year of any scheduled bank for the like amount infavour of the Executive Engineer. The said amount of earnest moneyshall not carry any interest whatsoever.ii)iii)iv)In the event of his tender being accepted, subject to the provisions ofsub clause (iii) below, the said amount of earnest money shall beappropriated towards the amount of security deposit payable by himunder conditions of General Conditions of Contract.If, after submitting the tender, the contractor withdraws his offer, ormodifies the same or if after the acceptance of his tender the contractorfails or neglects to furnish the balance of security deposit withoutprejudice to any other right and power of the Government here under,or in law Government shall be entitled to forfeit the full amount of theearnest money deposited by him.In the event of his tender not being accepted, the amount of earnestmoney deposited by the Contractor shall, unless it is prior theretoforfeited under the provision of sub-clause (iii) above, refunded to himon his passing receipt therefore.3. Receipts for payments made on account of any work, when executedby a firm, should also be signed by all the partners, except where thecontractors are described in their tender as a firm, in which case thereceipt shall be signed in the name of firm by one of the partners or bysome other person having authority to give official receipts for the firm.4. Any person who submits a tender shall fill up the usual printed formstating at what percentage above or below the rates specified inSchedule “B” (memorandum showing items of work to be carried out)he is willing to undertake the work. Only one rate or such percentageon all the estimated rates/Scheduled rates shall be named. Tenderswhich propose any alteration in the works specified in the said form ofinvitation to tender, or in the time allowed for carrying out the work, orSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

34Dy. Ex. Engineer,which contain any other conditions, of any sort will be liable torejection. No printed form of tender shall include a tender for more thanone works but if contractor who wish to tender two or more works, theyshall submit separate tender for each. Tender shall have the nameand number of the work to which they refer, written outside theenvelope.5. The Superintending Engineer or his duly authorised Assistant shallopen tenders in the presence of contractors who have submittedtenders or their representatives who may be present at the time, andhe will enter the amounts of the several tenders in a comparativestatement in a suitable form. In the event of a tender being accepted,the contractor shall for the purpose of identification, sign copies of thespecifications and other documents mentioned in Rule 1. In the eventof tender being rejected, the competent officer shall authorise theTreasury Officers Scheduled Bank concerned to refund the amount ofearnest money deposited to the contractor making the tender, on hisgiving a receipt for the return of the money.6. The officer competent to dispose off the tender shall have the right ofrejecting all or any of the tender.7. No receipt for any payment alleged to have been made by contractor inregard to any matter relating to his tender or the contract shall be validand binding on Government unless it is signed by the ExecutiveEngineer.8. The memorandum of work to be tendered for and the schedule ofmaterial to be supplied by Public Works Department and their ratesshall be filled in and completed by the office of the Executive Engineer,before the tender form is issued. If a form issued to an intendingtenderer has not been so filled in and completed, he shall request thesaid office to have this done before he completes and delivers histender.9. All works be measured net by standard measure and according to therules and customs of the Public Works Department and their rates shallbe without reference to any local custom.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

35Dy. Ex. Engineer,10. Under no circumstances shall any contractor be entitled to claimenhanced rates for items in this contract.11. Every registered contractor should produce along with his tendercertificate of registration as approved contractor in the appropriateclass and renewal of such registration with date of expiry.12. All corrections and additions or pasted slips should be initialed.13. The measurements of work will be taken according to the usualmethods in use in the Public Works Department and no proposals toadopt alternative methods will be accepted. The Executive Engineer’s,decision as to what is the usual method in use in the Department will befinal.14. The tendering contractor shall furnish a declaration along with thetender showing all works for which he has already entered intocontract, and the value of work that remains to be executed in eachcase on the date of submitting the tender.15. Every tenderer shall furnish along with the tender, informationregarding the income-tax circle or ward of a district in which he isassessed to income tax, the reference to the number of assessmentyear, and a valid Income Tax Clearance certificate.16. In view of the difficult position regarding the availability of foreignexchange, no foreign exchange would be released by the departmentfor the purchase of plant and machinery required for the execution ofthe work contracted for (GCV/PWD/CFM/1058- 62517 dt 26.9.1959).17. The contractor will have to construct shade for storing controlled andvaluable materials issued to him under Schedule ‘A’ of the agreement,at the work site, having double locking arrangement. The materials willbe taken for use in the presence of the departmental person. Nomaterial will be allowed to be removed from the site of works .18. The contractors shall also give a list of machinery in their possessionsand which they propose to use on the work in the form of StatementNo. II.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

36Dy. Ex. Engineer,19. Every registered contractor should furnish along with tender astatement showing previous experience and technical staff employedby him, in the form of Statement No. V .20. Successful tenderer will have to produce to the satisfaction of theaccepting authority a valid and current licence issued in his favourunder the provision of Contract Labour (Regulation and Abolition Act,1973) before starting work, failing which acceptance of the tender willbe liable for withdrawal and earnest money will be forfeited toGovernment.21. The contractor shall comply with the provision of the Apprentices Act1961 and rules and orders issued there under from time to time. If hefails to do so, his failure will be a breach of the contract and ExecutiveEngineer / Superintending Engineer, may in his discretion cancel thecontract. The contractor shall also be liable, for any pecuniary liabilityarising on account of any violation by him of the provisions of the Act.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

37Dy. Ex. Engineer,• In figure as wellas words(a) If several subworks areincluded, theyshould be detailedin a separate list.(b) The amount ofearnest money tobe deposited shallbe in accordancewith the provisionsof para 204 and205 of the M. P.W. Manual(c)This DepositShall be inaccordance withpara 211 and 212of the M. P. W.Manual.TENDER FOR THE WORKS1. I/We hereby tender for the execution, for theGovernment of Maharashtra (herein before andhereinafter referred to as ‘Government’) of the workspecified in the under written memorandum withinthe time specified in such memorandum at_______________percent below / above theestimated rates entered in Schedule ‘B’(memorandum showing items of work to be carriedout) and in accordance in all respects with thespecifications, designs, drawings and instructions inwriting referred to in Rule 1 hereof and in clause 12of the annexed conditions of the contract and agreethat when materials for the work are provided by theGovernment, such materials and the rate to be paidfor them shall be as provided in Schedule ‘A’ hereto.MEMORANDUMGeneral Description ST BT to Nashirabad BhadaliRoad VR-56 Tal. Jalgaon (Length 900 m)(b) Estimated cost : Rs. 14,99,826.00(c) Earnest Money : Rs. 15,000.00(d) SECURITY DEPOSIT(i) Cash ( not less than the: Rs. 30,000.00amount of earnest money)(ii) To be deducted from : Rs. 30,000.00current bills.---------------------------Total : Rs. 60,000.00--------------------------Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

38Dy. Ex. Engineer,(d) This Percentagewhere no securitydeposit is taken will varyfrom 5 percent to 10percent according to therequirement of the casewhere security deposit istaken, see note 1 toclause 1 of conditions ofcontract.(e) Give Schedulewhere necessaryshowing dates by whichthe various items are tobe completed.(e) Percentage, if any to bededucted from bills so as tomake up the total amountrequired as security deposit bythe time, half the work, asmeasured by the cost is done.(f) Time allowed for the workfrom the date of written order4% percent3 (Three)Calender monthincluding Monsoon2. I/we agree that the offer shall remain open for acceptance for aminimum period of 120 days from the date fixed for opening the same andthereafter until it is withdrawn by me/us by notice in writing duly addressed tothe authority opening the tenders and sent by registered post AD orotherwise delivered at the office of such authority, Treasury or Term BankChallan No. And date or Deposit at call receipt No. ------------------ anddatein respect to the sum of Rs. 15,000/- ( in words RupeesFifteen thousand only ) representing the earnest money is herewithforwarded. The amount of earnest money shall not bear interest and shall beliable to be forfeited to the Government, should I/ we fail to (i) abide by thestipulation to keep the offer open for the period mentioned above or (ii) Signand complete the contract documents as required by the Engineer andfurnish the security deposit as specified in item (d) of the memorandumcontained in paragraph 1 above within the time limit laid down in clause (1) ofthe annexed General conditions of contract. The amount of earnest moneymay be adjusted towards the security deposit or refunded to me/us if sodesired by me/us in writing, unless the same or any part thereof has beenforfeited as aforesaid. 3. I/We secured exemption from payment of earnestmoney after executing the necessary bond in favour of the Govt., a true copyof which is enclosed herewith, should any occasion for forfeiture of earnestmoney for this work ariseSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon.

39Dy. Ex. Engineer,due to failure on my/our part to (i) abide by thestipulations to keep the offer open for the periodmentioned above or (ii) sign & complete the contractdocuments & furnish security deposit as specified initem (d) of the Memorandum contained in paragraph(1) above within the time limit laid down in clause (1) ofthe annexed General Condition of contract, the amountpayable by me/us may, at the option of the Engineer,be recovered out of the amount deposited in lumpsumfor securing exemption in so far as the same mayextend in terms of the said bond & in the event of thedeficiency out of any other moneys which are due topayable to me/us by the Government under any othercontract or transaction of any nature whatsoever orotherwise.4) Should this tender be accepted I / We hereby agreeto abide by and fulfill all the terms, and provision of theconditions of contract annexed hereto so far asapplicable, and in default thereof to forfeit and pay toGovernment the sums of money mentioned in the saidconditions.* Amount to beSpecified in wordsAnd figures.*Strike Out (a) if nocash security depositis to be taken# Signature ofContractor beforesubmission of tender.$ Signature of witnessto contractor’ssignature*Signature of theofficer by whomaccepted.Receipt No.___________________________ dated______________from the Scheduled Bankat_________________ in respect of the sum OfRs.*_______________________________is herewithforwarded representing the earnest money(a) the fullvalue of which is to be absolutely forfeited toGovernment should I/We not deposit the full amount ofsecurity deposit specified in the above memorandum, inthe accordance with clause 1(A) of the said conditionsof the contract otherwise the said amount ofRs.____________________ Shall be refunded.Contractor. #______Address______Dated The day of20(With ness) $Address(Occupation)The above tender is hereby accepted by me and onbehalf of the Governor of Maharashtra.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

40Dy. Ex. Engineer,CONDITIONS OF CONTRACTSecuritydepositPWDResolutionNo.CAT/1087/CR-94/Bldg.2Dt.14. 6.89.Clause 1 :- The person/persons whose tender may beaccepted (hereinafter called the contractor, whichexpression shall unless excluded by or repugnant to thecontest include his heirs, executors, administrators, andassigns) shall (A) within 10 days (which may be extendedby the Superintending Engineer concerned up to 15 days ifthe Superintending Engineer thinks fit to do so) of thereceipt by him of the notification of the acceptance of histender deposit with the Executive Engineer in cash orGovt. Securities endorsed to the Executive Engineer,( ifdeposited for more than 12 months) of sum sufficient whichwill made up the full security deposit specified in thetender or (B) (Permit Government at the time of makingany payment to him for work done under the contract todeduct such as will amount to* FOUR percent of allmoneys so payable such deductions to be held byGovernment by way of security deposit.) Provided alwaysthat in the event of the contractor depositing a lumpsum byway of security deposit as contemplated at (A) above, thenand in such case, if the sum so deposited shall notamount to FOUR percent of total estimated cost of thework, it shall be lawful for Government at the time ofmaking any payment to the contractor for work done underthe contract to make up the full amount to FOUR percentby deducting a sufficient sum from every such payment atlast aforesaid until the full amount of the security deposit ismade up. All compensation or other sums of moneypayable by the contractor to Government under the termsof his contract may be deducted from or paid by sale ofsufficient part of his security deposit or from the interestarising there from, or from any sums which may be due ormay become due by Government to the contractor underany other contract or transaction of any nature on anyaccount whatsoever and in the event of his security depositbeing reduced by reason of any such deduction or sale asSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

41Dy. Ex. Engineer,CompensationFor delay.aforesaid, the contractor shall, within ten days thereafter,make good in cash or Government securities endorsedand aforesaid any sum or sums which may have beendeducted from or raised by sale of his security deposit orany part thereof. The security deposit referred to, whenpaid in cash may, at the cost of the depositor, be convertedinto interest bearing securities provided that the depositorhas expressly desired this in writing.The security deposit will not be accepted in forms ofInsurance company bonds as per Government orderscontained in No.CCM/PWD/CAT/4250 Dt. 27/2/1956. If theamount of the security deposit to be paid in a lump sumwithin the period specified at (A) above is not paid, thetender/contract already accepted shall be considered ascancelled and legal steps taken against the contractor forrecovery of the amounts. The amount of the securitydeposit lodged by a contractor shall be refunded along withthe payment of the final bill, if the date up to which thecontractor has agreed to maintain the work in good order isover. If such date is not over, only 50% amount of securitydeposit shall be refunded along with the payment of thefinal bill. In the event of the contractor failing or neglectingto complete rectification work within the period up to whichthe contractor has agreed to maintain the work in goodorder , then , subject to provisions of clauses 17 and 20hereof the amount of Security Deposit retained byGovernment shall be adjusted towards the excess costincurred by the department on rectification work .*Note :This will be the same percentage as that in thetender at (e)Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

42Dy. Ex. Engineer,Clause 2 :- The time allowed for carrying out the work asentered in the tender shall be strictly observed by thecontractor and shall be reckoned from the date on whichthe order to commence work is given to the contractor.The work shall throughout the stipulated period of thecontract be proceeded with, with all due diligence (timebeing deemed to the essence of the contract on the part ofthe contractor) and the contractor shall pay ascompensation an amount equal to one percent of suchsmaller amount as the Superintending Engineer (whosedecision in writing shall be final) may decide, of the amountof the estimated cost of the whole work as shown by thetenderer for, every day that the work remainsuncommenced or unfinished after the proper dates. Andfurther to ensure good progress during execution of thework, the Contractor shall be bound, in all cases in whichthe time allowed for any work exceeds one month ofcomplete.15% of the work in 1/4 of the time50% of the work in 1/2 of the time75% of the work in 3/4 of the time100% of the work in 15 monthsNote :- The quantity of the work to be done with aparticular time to be specified above shall be fixed andinserted in the blank space kept for the purpose by theOfficer competent to accept the contractors after takinginto consideration the circumstances of each case andabove by the programme of detailed process laid down bythe Executive Engineer.The following proportion will usually be found suitable :-In 1/4, 1/2, 3/4 of the timeSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

43Dy. Ex. Engineer,Reasonable progress of earth work 1/6. 1/2, 3/4 of the totalvalue of the work to be done.Reasonable progress of masonry work 1/10, 4/10, 8/10 ofthe total value of the work to be done.In the event of the Contractor failing to comply withthese conditions he shall be liable to pay as compensationan amount equal to one percent or such smaller amount asthe Superintending Engineer (whose decision in writingshall be final) may decide of the said estimated cost of thewhole work for every day that the due quantity of workremains incomplete provided always that the total amountof compensation to be paid under the provisions of thisclause shall not exceed 10 percent of the estimated cost ofthe work as shown in the tender. Superintending Engineershould be the final authority in this respect. Irrespective ofthe fact that tender is accepted by Chief Engineer/Additional Chief Engineer/ Superintending Engineer/Executive Engineer or Assistant Engineer/ DeputyEngineer.Action whenwhole ofsecuritydeposit isforfeited .Clause 3:- In any case in which under any clause of thiscontract, the contractor shall have rendered himself liableto pay compensation amounting to the whole of thissecurity deposit whether paid in one sum or deducted byinstallment or in the case of abandonment of the workowing to serious illness or death of the contractor or anyother cause the Executive Engineer, on behalf of theGovernor of the Maharashtra , shall have power to adoptany of the following courses, as he may deem suited to theinterest of the Government.a) To rescind the contract (for which rescission notice inwriting to the contractor under the head of ExecutiveEngineer shall be conclusive evidence) and in that casethe security deposit of the contractor shall stand forfeitedand be absolutely at the disposal of Government.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

44Dy. Ex. Engineer,b) To carry out the work or any part of the workdepartmentally debiting the contractor with the cost of thework, expenditure incurred on tools and plant, and chargeson additional supervisory staff including the cost of workchargedestablishment employed for getting theunexecuted part of the work completed and crediting himwith the value of the work done departmentally in allrespects in the same rates as if it had been carried out bythe Contractor under the terms of his contract. Thecertificate of the Executive Engineer as to the costs andother allied expenses so incurred and as to the valueof the work so done departmentally shall be final andconclusive against the contractor.c) To order that the work of the contractor be measured uptoand take such part thereof as shall be unexecuted outof his hands, and to give it to another contractor tocomplete, in which case all expenses incurred onadvertisement for fixing a new contracting agency,additional supervisory staff including the cost of workchargedestablishment and the cost of the work executedby the new contract agency will be debited to thecontractor and the value of the work done or executedthrough the new contractor shall be credited to thecontractor in all respects and in the same manner and atthe same rates as if it had been carried out by thecontractor under the terms of his contract. The certificate ofthe Executive Engineer as to all the cost of the work andother expenses incurred as aforesaid for or in getting theunexecuted work done by the new contractor and as tothe value of the work so done shall be final and conclusiveagainst the contractor.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

45Dy. Ex. Engineer,In case the contract shall be rescinded under clause (a)above the contractor shall not be entitled to recover or bepaid, any sum for any work therefore actually performed byhim under this contract unless and until the ExecutiveEngineer shall have certified in writing the performance ofthe such work and the amount payable to him in respectthereof and he shall only be entitled to be paid the amountso certified. In the event of either of the courses referredto in clause (b) or (c) being adopted and the cost of thework executed departmentally or through a new contractorand other allied expenses exceeding the value of suchwork credited to the contractors the amount of excess shallbe deducted from any money due to the contractor, byGovernment under the contract otherwise howsoever orfrom his security deposit or the sale proceeds thereofprovided, however, that contractor shall have no claimagainst Government even if the certified value of the workdone departmentally or through a new contractor exceedsthe certified cost of such work and allied expensesprovided always that whichever of the three coursesmentioned in clause (a), (b) or (c) is adopted by theExecutive Engineer, the contractor shall have no claim tocompensation for any loss sustained by him by reason ofhis having purchases or procured any materials, or with aview to the execution of work or the performance of thecontract.Action when theprogress of anyparticular portionof the work isunsatisfactory.Clause 4 :- If the progress of any particular portion of thework unsatisfactory, the Executive Engineer, shallnotwithstanding, that the general progress of the work is inaccordance with the conditions mentioned in clause 2, beentitled to take action and of clause 3(b) after giving thecontractor 10 days notice in writing. The contractor willhave no claim for compensation, for any loss sustained byhim owing to such action.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

46Dy. Ex. Engineer,Contractor remainsliable to paycompensation ifaction not takenunder clause 3 and4.Power to takepossession of orrequired removalof or sellcontractor’s plant.Clause 5:- In any case in which any of the powersconferred upon the Executive Engineer by clause 3 and 4hereof shall have become exercisable and the same shallnot have been exercised, the non exercise thereof shall notconstitute a waving of any of the conditions hereof andsuch powers shall notwithstanding be exercisable in theevent of any future case of default by the contractor forwhich under any clause hereof he is declared liable to paycompensation amounting to the whole of his securitydeposit and the liability of the contractor for past and futurecompensation shall remain unaffected. In the event of theExecutive Engineer taking action under sub-clause (a) or(c) of clause 3, he may, if he so desires, take possessionof all or any tools and plant, materials and stores in orupon the work of the site thereof or belonging to thecontractor, or procured by him and intended to be used forthe execution of the work or any part thereof paying orallowing for the same in account at the contract rates, or inthe case of contract rates not being applicable at currentmarket rates to be certified by the Executive Engineerwhose certificate thereof shall be final. In the alternativethe Executive Engineer, may, after giving notice in writingto the contractor or his clerk of the work, foreman or otherauthorized agent require him to remove such tools andplants, materials, or stores from the premises within a timeto be specified in such notice, and in the event of thecontractor failing to comply with any such requisition, theExecutive Engineer may remove them at the contractor’sexpense or sale them by auction or private sale on accountof the contractor and at his risk in all respects and thecertificate of the Executive Engineer as to the expense ofany such removal and the amount of the proceeds andexpense of any such sale shall be final and conclusiveagainst the contractor.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

47Dy. Ex. Engineer,Extension oftime.Clause 6 – If the contractor shall desire an extension ofthe time for completion of work on the ground of hishaving been unavoidably hindered in its execution or onany other grounds he shall apply in writing to the ExecutiveEngineer before expiration of the period stipulated in thetender or before the expiration of 30 days form the date onwhich he was hindered as aforesaid or on which the causefor asking for extension occurred, whichever is earlier andthe Executive Engineer, or in the opinion of SuperintendingEngineer, or Chief Engineer as the case may be if hisopinion, there were reasonable grounds for granting anextension, grant such extension as he thinks necessary orproper. The decision of the Executive Engineer in thismatter shall be final.FinalcertificateClause 7:- On the completion of the work, the contractorshall be furnished with a certificate by the ExecutiveEngineer (hereinafter called the Engineer-in-charge) ofsuch completion but no such certificate shall be given norshall have the work be considered to the completed untilthe contractor shall have removed from the premises onwhich the work shall have been executed, all scaffolding,surplus materials and rubbish and shall have cleaned off,the dirt from all wood work, doors, windows, walls, floor orother parts of any building in or upon which the work hasbeen executed or which he may have had possession forthe purpose of executing the work, not until the work shallhave been measured by the Engineer-in-charge or wherethe measurements have been taken by his subordinatesuntil they have received approval from the Engineer-incharge,the said measurements being binding andconclusive against contractor. If the contractor shall fail tocomply with requirements of this clause as to the removalof scaffolding surplus materials and rubbish and thecleaning of dirt on or before the date fixed for thecompletion of the work the Engineer-in-charge may at theexpense of the contractor remove such scaffolding, surplusSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

48Dy. Ex. Engineer,materials as aforesaid except for any sum actually realisedby the sale thereof.Payment onintermediatecertificate to beregarded asadvances.Clause 8 :- No payment shall be made for any workestimated to cost less than rupees one thousand till afterthe whole of work shall have been completed and acertificate of completion given, But in the case of workestimated to cost more than rupees one thousand thecontractor shall on submitting a monthly bill therefore, beentitled to receive payment proportionate to the part of thework then approved and passed by the Engineer-incharge,whose certificate of such approval and passing ofthe sum so payable shall be final and conclusive againstthe contractor. All such intermediate payments shall beregarded as payments by way of advance against the finalpayments only and not as payment for work actually doneand completed, and shall not preclude the Engineer-inchargefrom requiring any bad, unsound, imperfect orunskillful work to be removed or taken away andreconstructed or reelected nor shall any such payment beconsidered as an admission of the due performance of thecontractor or any part thereof if any respect or theoccurring of any claim nor shall it conclude, determine oraffect in any other way, the powers of the Engineer-inchargesas to the final settlement and adjustment of theaccounts or otherwise, or in any other way vary or effectthe contract. The final bill shall be submitted by thecontractor within one month of the date fixed for thecompletion of the work, otherwise the Engineer-in-charge’scertificate of the measurements and of the total amountpayable for the work shall be final and binding on all theparties.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

49Dy. Ex. Engineer,Payment at reducedrates on account ofitems of work notaccepted ascompleted, to be atthe discretion of theEngineer –in-chargeClause 9 :- The rates for several items of work estimatedto cost more than Rs.1,000/- agreed to within shall be validonly when the item concerned is accepted as having beencompleted fully in accordance with the sanctionedspecification. In cases, where the items of work are notaccepted as so completed by the Engineer-in-charge, hemay make payment on account of such items at suchreduced rates as he may consider reasonable in thepreparation of final or on account bills.Bills to besubmittedmonthly.Clause 10 :- A bill shall be submitted by the Contractor ineach month or before the date fixed by the Engineer-inchargefor all work executed in the previous month, andthe Engineer-in-charge shall take or cause to be taken therequisite measurements for the purpose of having thesame verified and the claim, so far as it is admissible,shall be adjusted, if possible, within ten days from thepresentation of the bill. If the contractor does not submitthe bill within the time fixed as aforesaid, the Engineer-inchargemay depute a subordinate to measure up the saidwork in the presence of the contractor or his dulyauthorized agent whose countersignature to themeasurements list shall be sufficient warrant, andEngineer-in-charge may prepare a bill from such list whichshall be binding on the contractor in all respects.Bills to besubmittedmonthlyClause 11:- The contractor shall submit all bills on theprinted forms to be had on application at the office of theEngineer- in-charge. The charges to be made in the billsshall always be entered at the rates specified in the tenderor in the case of any extra work ordered in pursuance ofthese conditions, and not mentioned or provided for in thetender at the rates hereinafter provided for such work.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

50Dy. Ex. Engineer,Storessupplied byGovernment.Clause 12:- If the specification or estimate of the workprovides for the use of any special description of materialto be supplied from the stores of the Public Works Dept.store or if it is required that the contractor shall use certainstores to be provided by the Engineer-in-charge (suchmaterial and stores and the prices to be charged thereforeas hereinafter mentioned being so far as practicable for theconvenience of the contractor but not so as in any way tocontrol the meaning or effect of this contract specified inthe schedule or memorandum hereto annexed) thecontractor shall be supplied with such materials and storesas may be required from time to time to be used by him forthe purpose of the contract only, and the value of the fullquantity of the materials and stores so supplied shall beset off or deducted from any sums then due or thereafter tobecome due to the contractor under the contract, orotherwise, or from the security deposit or the proceeds ofsale thereof, if the security deposit is held in Governmentsecurities, the same or a sufficient portion thereof shall inthat case be sold for the purpose. All materials supplied tothe contractor shall remain the absolute property ofGovernment and shall on no account be removed from siteof the work, and shall at all times be open for inspection bythe Engineer-in-charge. Any such materials unused and inperfectly good condition shall be returned to the PublicWorks Departmental store if the Engineer-in-charge sorequires by a notice in writing given under his hand but thecontractor shall not be entitled to return any such materialsexcept with consent of the Engineer-in-charge and he shallhave no claim for compensation on account of any suchmaterial supplied to him as aforesaid but remaining unusedby him or for any wastage in or damage to any suchmaterials.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

51Dy. Ex. Engineer,Clause 12 (a):- All stores of controlled materials such ascement, steel etc. to be supplied by Government tothe contractor should be kept by the contractor under lockand key and will be accessible for inspection by theExecutive Engineer or his agent at all times.Works to beexecuted inaccordance withspecifications,drawings,orders, etc.Alterations inspecificationsand designs notto invalidatecontracts.Rates for worksnot entered inestimate orschedule of ratethe district.Clause 13:- The contractor shall execute the whole andevery part of the work in the most substantial andworkmanlike manner, and both as regards materials andevery other respect in strict accordance with specifications.The contractors shall also conform exactly, fully andfaithfully to the designs, drawings and instructions inwriting relating to the work signed by the Engineer-inchargeand lodged in his office and to which the contractorshall be entitled to have access for the purpose ofinspection at such office, or on the site of the work duringoffice hours. The contractor will be entitled to receive threesets of contract drawings and working drawings as well asone certified copy of the accepted tender along with thework order free of cost. Further copies of the contractdrawings and working drawings if required by him, shall besupplied at the rate of Rs.100/- per set contract drawingsand Rs.20/- per working drawing except where otherwisespecified.Clause 14:- The Engineer-in-charge shall have power tomake any alteration in or additions to the originalspecifications, drawings, designs and instructions that mayappear to him to be necessary or advisable during theprogress of the work and the contractor shall be bound tocarry out the work in accordance with any instructions inthis connection which may be given to him in writing signedby the Engineer-in-charge and such alteration shall notinvalidate the contract, and any additional work which thecontractor may be directed to do in the manner abovespecified as part of the work shall be carried out by thecontractor on the same conditions in all respects on whichhe agreed to do the main work, and at the same rates asare specified in the tender for main work, and if theadditional and altered work includes any class of work forSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

52Dy. Ex. Engineer,Extension oftime inconsequence ofadditions oralterations.No claim to anypayment orcompensationfor alteration inor restriction ofwork.which no rate is specified in this contract, then such classof work shall be carried out at the rates entered in theSchedule of Rates of the Division or at the rates mutuallyagreed upon between the Engineer-in-charge andcontractor, whichever are lower. If the additional or alteredwork for which no rate is entered in the schedule of rates ofDivision is ordered to be carried before the rates areagreed upon then the contractor shall within seven daysof the date of receipt by him of the order to carry out thework inform the Engineer-in-charge of the rate which it ishis intention to charge for such class of work. And if theEngineer-in-charge does not agree to this rate he shall bynotice in writing be at liberty to cancel his order to carry outsuch class of work and arrange to carry out in suchmanner as he may consider advisable provided alwaysthat if the contractor shall commence work or incur anyexpenditure in regard thereto before the rates shall havebeen determined as lastly here in before mentioned, thenin such case he shall only be entitled to be paid in respectof the work carried out or expenditure incurred by himprior to the date of the determination of the rate asaforesaid according to such rate or rates as shall be fixedby the Engineer-in-charge. In the event of dispute, thedecision of the Superintending Engineer of the circle will befinal.Where, however, the work is to be executed according tothe designs, drawings and specifications recommended bythe contractor and accepted by the competent authority thealterations above referred to shall be within the scope ofsuch designs drawings, and specifications appended to thetender.The time limit for the completion of the work shall beextended in the proportion that the increase in its costoccasioned by, alterations or additions bears to the cost ofthe original contract work, and the certificate of theEngineer-in-Charge as to such proportion shall beconclusive.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

53Dy. Ex. Engineer,Clause 15 (1) :- If at any time after the execution of thecontract documents the Engineer-in-Charge shall for anyreason what-so-ever(other than default on the part of thecontractor for which the Government is entitled to rescindthe contract) desire that the whole or any part of the workspecified in the tender should be suspended for any periodor that the whole or part of the work should not be carriedout at all, he shall give to the contractor a notice in writingof such desire and upon the receipt of such notice thecontractor shall forthwith suspend or stop the work whollyor in part as required, after having due regard to theappropriate stage at which the work should be stopped orsuspended so as not to cause any damage or injury to thework already done or endanger the safety thereof,provided that the decision of the Engineer as to the stageat which the work or any part of it could be or could havebeen safely stopped or suspended shall be final andconclusive against the contractor. The contractor shallhave no claim to any payment or compensationwhatsoever by reason of or in pursuance of any noticeaforesaid, on account of any suspension stoppage orcurtailment except to the extent specified hereinafter.(2) Where the total suspension of the workordered as aforesaid continued for a continuous periodexceeding 90 days, the contractor shall be at liberty towithdraw from the contractual obligations under thecontract so far as it pertains to the unexecuted part of thework by giving a 10 day’s prior notice in writing to theEngineer, within 30 days of the expiry of the said period ofthe 90 days, of such intention and requiring the Engineerto record the final measurement of the work already doneand to pay final bill. Upon giving such notice the contractorshall be deemed to have been discharged from hisobligations to complete the remaining unexecuted workunder his contract. On receipt of such notice the Engineershall proceed to complete the measurements and makesuch payment as may be finally due to the contractorwithin a period of 90 days from the receipt of such notice inrespect of the work already done by the contractor. Suchpayment shall not in any matter prejudice the right of thecontractor to any further compensation under theremaining provision of the this clause.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

54Dy. Ex. Engineer,(3) Where the Engineer required the contractor tosuspend the work for a period in a excess of 30 days atany time or 60 days in the aggregate, the contractor shallbe entitled to apply to the Engineer within 30 days ofresumption of work after such suspension for payment ofcompensations to the extent of pecuniary loss suffered byhim in respect of working machinery remained idle on thesite or on the account of his having and to pay the salary orwages of labour engaged by him during the said period ofsuspension provided always that the contractor shall notbe entitled to any claim in respect of any such workingmachinery salary or wages for the first 30 days whetherconsecutive or in the aggregate or such suspension or inrespect or any suspension whatsoever occasionedunsatisfactory work or any other default on his part. Thedecision of the Engineer in this regard shall be final andconclusive against the contractor.No claim compensationon accountof loss dueto delay insupply ofmaterial byGovernment.(4) In the event of.................(i)Any total stoppage of work on notice from Engineerunder Sub clause (1) in that behalf.(ii) Withdrawal by the contractor from the contractualobligations complete the remaining unexecuted workunder sub clause (2) on account of continuedsuspension of work for a period exceeding 90 daysOR(III) Curtailment in the quantity of item or items originallytendered on account of any alteration, omission orsubstitution in the specifications, drawings, designs orinstructions under clause (14) 1 where such curtailmentexceeds 25% in quantity and the value of the quantitycurtailed beyond 25 percent at the rates for the itemspecified in the tender is more than Rs. 5,000/-It shall be open to the contractor, within 90 days fromthe service of (i) the notice of stoppage of work or (ii)the notice of withdrawal from the contractual obligationsunder the contract on account of the continuedSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

55Dy. Ex. Engineer,suspension of work or (iii) notice under clause 14(1)resulting in such curtailment to produce to the Engineersatisfactory documentary evidence that he hadpurchased or agreed to purchase material for use in thecontracted work, before receipt by him of the notice ofstoppage, suspension or curtailment and require theGovernment to take over on payment of such materialat the rates determined by the Engineer, provided,however, such rates shall in no case exceed the rates atwhich the same was acquired by the contractor. Thegovernment shall their after take over the material sooffered, provided quantities offered are not in excess ofthe requirement of the unexecuted work as specified inthe accepted tender and are of quality and specificationapproved by the Engineer.No claim tocompensationon account ofloss due todelay in supplyof material byGovernment(i)(ii)(iii)(iv)Clause 15A- The contractor shall not be entitled toclaim any compensation from Government for the losssuffered by him on account of delay by Government inthe supply of materials entered in Schedule A wheresuch delay caused byDifficulties relating to the supply of railway wagons.Force major.Act of God.Act of enemies of the State or any other reasonablecause beyond the control of Government.In the case of such delay in the supply of materials,Government shall grant such extension of time for thecompletion of the work as shall appear to the ExecutiveEngineer to be reasonable in accordance with thecircumstances of the case. The decision of theExecutive Engineer as to the extension of time shall beaccepted as final by the Contractor.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

56Dy. Ex. Engineer,The limit forunforeseenclaims.Clause 16:- Under no circumstances whatever shall thecontractor be entitled to any compensation fromGovernment on any account unless the contractor shallhave submitted a claim in writing to the Engineer-inchargewithin one month of the case of such occurring.Action andcompensationpayable incase of badwork.PWDResolution no.CAT-1087/CR-94/ Bldg-2Dated 14-6-89Clause 17:- If at any time before the security depositor any part thereof is refunded to the contractor, it shallappear to the Engineer-in-charge or his subordinate incharge of the work, that any work has been executedwith unsound, imperfect or unskillful workmanship orwith materials of inferior quality, or that any materials orarticles provided by him for the execution of the workare unsound, or of a quality inferior to that contractedfor, or are otherwise not in accordance with the contract,it shall be lawful for the Engineer-in-charge to intimatethis fact in writing to the contractor and thennotwithstanding the fact that the work, materials orarticles complained of many have been inadvertentlypassed, certified and paid for, the contractor shall bebound forthwith to rectify, or remove and reconstruct thework so specified in whole or in part, as the case mayrequire or if so required, shall remove the materials orarticles so specified and provided other proper andsuitable materials or articles at his own charge and costand in the event of his failing to do so within a period tobe specified by the Engineer-in-charge in the writtenintimation aforesaid the contractor shall be liable to paycompensation at the rate of one percent on the amountof the estimate for every day not exceeding 10 days,during which the failure so continues and in the case ofany such failure the Engineer-In-charge may rectify orremove and re-execute the work or remove, and replacethe materials or articles complained of as the case maybe at the risk and expense in all respects of thecontractor. Should the Engineer-in-charge consider thatany such inferior work or materials as described abovemay be accepted or made use of it shall be within hisdiscretion to accept the same at such reduced rates ashe may fixed therefore.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

57Dy. Ex. Engineer,Clause 18:- All works under or in course of execution orexecuted in pursuance of the contract shall at all timesbe open to the inspection and supervision of theEngineer-in-charge and his subordinates, and thecontractor shall at all times during the usual workinghours, and at all other times at which reasonable noticeof the intention of the Engineer-in-charge and hissubordinate to visit the work shall have been given tothe contractor, either himself be present to receiveorders and instructions or have responsible agent dulyaccredited in writing present for that purpose. Ordersgiven to the contractor’s duly authorized agent shall beconsidered to have the some force and effect as if theyhad been given to the contractor himself.Clause 19:- The contractor shall give not less than fivedays notice in writing to the Engineer-in-charge or hissubordinate in charge of the work before covering up orotherwise placing beyond the reach of measurementany work in order that the same may be measured andcorrect dimensions thereof taken before the same is socovered or placed beyond the reach of measurementand shall not cover-up or place beyond the reach ofmeasurement any work without the consent in writing ofthe Engineer-in-charge or his subordinate in charge ofthe work, and if any work shall be covered up or placedbeyond the reach of measurement, without such noticehaving been given consent obtained the same shall beuncovered at the contractor’s expenses, and in defaultthereof, no payment or allowance shall be made forsuch work or for the materials with which the same wasexecuted.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

58Dy. Ex. Engineer,Contractor liablefor damagedoneand forimperfections.PWD ResolutionNo.CAT-1087/CR-94/Bldg-2 Dt.14-6-89Contractor tosupply plantl a d d e r ,scaffoldingetc.Clause 20 :- If during the period of 12 ( Twelve )months from the date of completion as certified by theEngineer-in-Charge pursuant to Clause-7 of the contractor 12 (Twelve) months after commissioning the work,whichever is later in the opinion of the ExecutiveEngineer, the said work is defective in any mannerwhatsoever, the contractor shall forthwith on receipt ofnotice in that behalf from the Executive Engineer, dulycommence execution and completely carry out at hiscost in every respect all the work that may be necessaryfor rectifying and setting right the defects specifiedtherein including dismantling and reconstruction ofunsafe portions strictly in accordance with and in themanner prescribed and under the supervision of theExecutive Engineer. In the event of the contractor failingor neglecting to commence execution of the saidrectification work within the period prescribedtherefore in the said notice and/ or complete thesame as aforesaid as required by the said notice, theExecutive Engineer get the same executed and carriedout departmentally or by any other agency at the riskon account and at cost of the contractor. The contractorshall forthwith on demand pay to the Govt., the amountof such costs, charges and expenses sustained orincurred by the Government of which the certificate ofthe Executive Engineer shall be final and binding on thecontractor. Such costs, charges and expenses shall bedeemed to be arrears of land revenue and in the eventof the contractor failing or neglecting to pay the same ondemand as aforesaid without prejudice to any otherrights and remedies of Government, the same may berecovered from the contractor as arrears of landrevenue. The Government shall also be entitled todeduct the same from any amount which may then bepayable or which may thereafter become payable by theGovernment to the contractor either in respect of theSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

59Dy. Ex. Engineer,said work or any other work whatsoever or from theamount of security deposit retained by Government.The defect liabilities period in particular for waterproofing treatment (Building works) shall be 7years. In this connection please see also additionalgeneral specifications.Contractor tosupply plant,ladder, scaffoldingetc.And is liable fordamages arisingfrom nonprovisions of light,fencing etc.Clause 21- The contractor shall supply at his own costall material (except such special materials if any as mayin accordance with the contract, be supplied from theP.W.D. stores), plant, tools, appliances, implements,ladders, cordage, tackle, scaffolding and temporaryworks requisite or proper for the proper execution of thework, whether, in the original, altered or substitutedform, and whether included in the specifications or otherdocuments forming part of the contract or referred to inthese conditions or not and which may be necessary forthe purpose of satisfying or complying with therequirements of the Engineer-in-charge as to whichunder these conditions he is entitled to be satisfied orwhich he is entitled to be required together with thecarriage therefore to and from the work. The contractorshall also supply without charge the requisite number ofpersons with the means and materials necessary for thepurpose of setting out works and counting, weighingand assisting in the measurement or examination at anytime and from time to time of the work or the failingwhich the same may be provided by the Engineer-inchargeat the expense of the contractor and theexpenses may be deducted from any money due to thecontractor under the contract or from his securitydeposit or the proceeds of sale thereof, or of asufficient portion thereof. The contractor shall provide allnecessary fencing and lights required to protect thepublic from accident and shall also be bound to bear theSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

60Dy. Ex. Engineer,(a)(b)expenses of defence of every suit, action or other legalproceeding, that may be brought by any person forinjury sustained owing to neglect of the aboveprecautions, and to pay any damages and cost whichmay be awarded in any such suit action or proceedingsto any such person or which may with consent of thecontractor be paid for compromising any claim by anysuch person.List of machinery in contractor’s possession andwhich they propose to use on the works should besubmitted along with the tender.Clause 21 A:- The contractor shall provide suitablescaffolds and working platforms, gangways andstairways and shall comply with the followingregulations in connections therewith.Suitable scaffolds shall be provided for workmen for allworks that can not be safely done from a ladder or byother means.A scaffold shall not be constructed, taken down orsubstantially altered except.(i) under the supervision of a competent andresponsible person; and(ii)(c)(i)(ii)(iii)(d)as far as possible by competent workers possessingadequate experience in this kind of work.All scaffolds and appliances connected therewith andladders shall.be of sound material.be of adequate strength having regard to the loads andstrains to which they will be subjected, andbe maintained in proper condition.Scaffolds shall be so constructed that no part thereofcan be displaced in consequence of normal use.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

61Dy. Ex. Engineer,(e)(f)(g)(h)(i)(ii)(iii)(j)(i)(ii)(iii)(k)Scaffolds shall not be over loaded and so far aspracticable the load shall be evenly distributed.Before installing lifting gear on scaffolds, specialprecautions shall be taken to ensure the strength andstability of the scaffold.Scaffold shall be periodically inspected by thecompetent person.Before allowing a scaffold to be used by his workmen,the contractor shall, whether the scaffold has beenerected by his workmen or not, take steps to ensure thatit complies fully with the regulations here-in-specified.(i) Working platform, gangways stairways shall.be so constructed that no part thereof can sag unduly orunequally.be so constructed and maintained having regard to theprevailing conditions as to reduce as far as practicablerisks of persons tripping or slipping, andbe kept free from any unnecessary obstruction.in the case of working platform, gangway, workingplaces and stairways at a height exceeding 2 meters.(to be specified)every working platform and every gangway shall beclosely boarded unless other adequate measures aretaken to ensure safety.every working platform and gangway shall haveadequate width andevery working platform, gangway, working place andstairway shall be suitably fenced.Every opening in the floor of a building or in workingplatform shall except for the time and to the extentrequired to allow the excess of persons or the transportor shifting of materials be provided with suitable meansto prevent the fall of persons or materials.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

62Dy. Ex. Engineer,(l)(m)(n)(o)When persons are employed on a roof where there is adanger of failing from a height exceeding 3 meterssuitable precautions shall be taken to prevent the fall ofpersons or materials. ( to be prescribed).Suitable precautions shall be taken to prevent personsbeing struck by articles which might fall from scaffoldsor other working places.Safe means of access shall be provided to all workingplatforms and other working places.The contractor(s) will have to make payments to thelabours as per Minimum Wages Act.Clause 21 B - The contractor shall comply with thefollowing regulations as regards the Hoisting Appliancesto be used by him :-(a) Hoisting Machine and tackle, including theirattachments, anchorages and support shall(i)(ii)(b)(c)(d)(e)be of good mechanical construction, sound material andadequate strength and free from patent defect;andbe kept in good repair and in good working order.Every rope used in hoisting or lowering materials oras a means of suspension shall be of suitable qualityand adequate strength and free from patent defect.Hoisting machine and tackle shall be examined andadequately tested after erection on the site and beforeuse and be re-examined in position at intervals to beprescribed by the Government.Every chain, ring, hook, shackle, swivel and pulley blockused, in hoisting or lowering materials or as a means ofsuspension shall be periodically examined.Every crane driver or hoisting appliances operator shallbe properly qualified.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

63Dy. Ex. Engineer,(f)(g)(h)(i)(j)(k)(l)(m)No person who is below the age of 21 years shall be incontrol of any hosting machine, including any scaffoldwhich, or give signals to the operator.In the case of every hoisting machine and of everychain, ring, hook, shackle, swivel pulley block used inhosting or lowering or as means of suspension, the safeworking load shall be ascertained by adequate means.Every hoisting machine and all gear referred to inpreceding regulation shall be plainly marked with thesafe working loadIn the case of hoisting machine having a variable safeworking load, each safe working, load and theconditions under which it is applicable shall be clearlyindicated.No part of any hoisting machine or of any gear referredto in regulation(g) above shall be loaded beyond thesafe working load except for the purpose of testing.Motors, gearing transmissions, electric writing and otherdangerous part or hoisting appliances shall be providedwith efficient safeguards.Hoisting appliances shall be provided with such meansas will reduce to minimum the risk of the accidentaldescent of the load.Adequate precaution shall be taken to reduce to aminimum, the risk of any part of a suspended loadbecoming accidentally displaced.Measureforpreventionof fire.Clause 22 – The contractor shall not set fire to anystanding jungle, trees, brush-wood or grass without awritten permit from the Executive Engineer. When suchpermit is given, and also in all cases when destroyingcut or drag trees brushwood, grass etc. By fire, thecontractor shall taken the necessary measure to preventsuch fire spreading to or otherwise damagingSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

64Dy. Ex. Engineer,surrounding property. The contractor shall make hisown arrangements for drinking water for the labouremployed by him.Liability ofcontractor forany damagedone in oroutside workarea.Clause 23– Compensation for all damages doneintentionally or unintentionally by contractor’s labourwhether in or beyond the limits of Government propertyincluding any damage caused by spreading of firementioned in clause 22 shall be estimated by theEngineer-in-Charge or such other officer as he mayappoint and the estimate of the Engineer-in-Chargesubject to the decision of the Superintending Engineeron appeal shall be final and the contractor shall bebound to pay the amount of the assessed compensationon demand, failing which, the same will be recoveredfrom the contractor as damages in the mannerprescribed in the clause 1 or deducted by the Engineerin-Chargefrom any sums that may be due or becomedue form Government to contractor under this contractor otherwise. The contractor shall bear the expenses ofdefending any action or other legal proceeding thatmay be brought by any persons for injury sustained byhim owing to neglect of precautions to prevent thespread of fire and he shall pay any damages and costthat may be awarded by the court in consequences.Employmentof femalelabour.Clause 24 - The employment of female labours onworks in neighborhood of soldier’s barracks should beavoided as far as possible. The contractor shall employthe labours with the nearest Employment Exchange.Clause 25 – No Work shall be done on a Sundaywithout the sanction in writing of the Engineer-in-Charge.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

65Dy. Ex. Engineer,Work not tosublet.Contract maybe rescindedand securitydepositforfeited forsubletting itwithoutapproval or forbribing apublic officeror if contractorbecomesinsolvent.Clause 26 – The contract shall not be assigned orsublet without the written approval of the Engineer-in-Charge and if the contractor shall assign or sublet hiscontract, or attempt to do so or become insolvent orcommence any proceedings to get himselfadjudicated and insolvent or make any compositionwith his creditors, or attempt to do so or if bribe,gratuity, gift loan, perquisite ,reward or advantage,pecuniary or otherwise shall either directly or indirectlybe given, promised or offered by the Contractor or anyof his servants or agents to any public officer or personin the employment of Government in any way relating tohis office or employment, or if any such officer or personshall become in any way directly or indirectly interestedin the contract, the Engineer-in-Charge may thereuponby notice in writing rescind the contract, and the securitydeposit of the Contractor shall thereupon stand forfeitedand be absolutely at the disposal of Government , andthe same consequences shall ensure as if the contracthad been rescinded under Clause 3 thereof and inaddition the Contractor shall not be entitled to recover orbe paid for any work therefore actually performed underthe contract.Sum payable byway ofcompensation tobe consideredas reasonablecompensationwithoutreference toactual lossChanges in theconstitution offirm to benotifiedClause 27 :- All sums payable by a contractor by wayof compensation under any of these conditions shall beconsidered as a reasonable compensation to be appliedto the use of Government without reference to theactual loss or damage sustained, and whether anydamage has or has not been sustained.Clause 28 :- In the case of tender by partners, anychange in the constitution of a firm shall be forthwithnotified by the contractor to the Engineer-in-charge forhis information.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

66Dy. Ex. Engineer,Direction andcontrol of theSuperintendingEngineer.Clause 29 :- All works to be executed under thecontract shall be executed under the direction andsubject to the approval in all respects of theSuperintending Engineer of the Circle, for the timebeing, who shall be entitled to direct, at what point orpoints and in what manner they are to be commenced,and from time to time carried on.Direction andcontrol of theSuperintendingEngineer.Clause 30 :-30.1) Except where otherwise specified in the contractand subject to the powers delegated to him byGovernment under the code, rules then in force, thedecision of the Superintending Engineer of the circle, forthe time being shall be final, conclusive, and binding onall parties of the contract upon all question relating tothe meaning of the specification, design, drawing, &instructions, hereinbefore mentioned and as to thequality or workmanship, or materials used on the work,or relating to the contract, designs, drawings,specifications, estimates, instructions, orders, or theseconditions, or otherwise concerning the works, or theexecution, or failure to execute same whether arising,during the progress of the work, or after the completionor abandonment thereof.30.2 The contractor may within thirty days of receipt by him ofany order passed by the Superintending Engineerconcerned with the contract, Work Project provided that(a) The accepted value of the Contract exceeds Rs. 10Lacks (Rs. Ten Lacks)(b)Amount of claim is not less than Rs. 1.00 lack (Rupeesone lack)Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

67Dy. Ex. Engineer,30.3 If the contractor is not satisfied with the order passed bythe Chief Engineer as aforesaid, the contractor may,within thirty days of receipt by him of any such order,appeal against it to the concerned Secretary, PublicWorks Department/Irrigation Department who ifconvinced that prima facie the contractor’s claimrejected by Superintending Engineer/Chief Engineer isnot frivolous and that there is some substance in theclaim of the contractor as would merit a detailedexamination and decision by the Standing Committee,shall put up to the Standing Committee at Governmentlevel for suitable decision. (vide PW circular, No. CAT-1086-CR-110/Bldg-2 date 7.5.86)30.4Stores ofEuropean orAmericanmanufactureto beobtainedfrom theGovernment.Clause 31- The contractor shall obtain from theDepartmental stores, all stores and articles of European orAmerican manufacture which may be required for the work,or any part thereof or in making up any articles requiredtherefore or in connection therewith unless he hasobtained permission in writing from, the Engineer-in-chargeto obtain such stores and articles elsewhere. The value ofsuch stores and articles as may be supplied to thecontractor by the Engineer-in-Charge will be debited to thecontractor in his account at the rates shown in theschedule, in Form A attached to the contract, and if theyare not entered in the said schedule, they shall be debitedto him at cost price which for the purpose of this contractshall include the cost of carriage and other expenseswhatsoever, which shall have been incurred in obtainingdelivery of the same at the stores aforesaidLump sums inestimates.Clause 32 :- When the estimate on which a tender ismade includes lump sums in respect of part of the work,the contractor shall be entitled to payment in respect of theitems of work involved or the part of the work in question atthe same rates as are payable under this contract for eachSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

68Dy. Ex. Engineer,Defination ofworkContractor’spercentagewhether appliedto net or grossamount of bill.Quarry fees androyalties.Actionwherenospecificationitem, or if the part of work in question is not in the opinionof the Engineer-in-Charge capable of measurement, theEngineer-in-Charge may as his discretion pay thelumpsum amount entered in the estimate and certificate inwriting of the Engineer-in-charge shall be final andconclusive against the contractor with regard to any sum orsums payable to him under the provision of this clause.Clause 33 :- In the case of any class of work for whichthere is no such specification as is mentioned in rule 1 ofform B-1, such work shall be carried out in accordance withthe Divisional specifications, and in the event of therebeing no Divisional specifications, then in such case thework shall be carried out in all respects in accordance withall instructions and requirement of the Engineer-in-charge.Clause 34 :- The expression “works” or “work” whereused in these conditions, shall unless there be somethingin the subject or context repugnant to such constructions,be construct, to mean the work or works contracted to beexecuted under or in virtue of the contract, whethertemporary or permanent and whether original, altered,substituted or additional.Clause 35 :- The percentage referred to in the tendershall be deducted from/ added to the gross amount of thebill before deducting the value of any stock issued.Clause 36 :- All quarry fees, royalties, octroi dues andground rent for stacking materials, if any shall be paid bycontractor.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

69Dy. Ex. Engineer,Compensationunder Workmen’sCompensationActClause 37:- The Contractor shall be responsible for andshall pay any compensation to his workmen payable underthe Workmen’s Compensation act, 1923 ( VIII of 1923 ),(hereinafter called the said Act ) for injuries caused to theworkmen, if such compensation is payable / paid by theGovernment as principal under sub-section (1) of Section12 of the said act on behalf of the Contractor, it shall berecoverable by the Government from the Contractor undersub-section (2) of the said section. Such compensationshall be recovered in the manner laid down in Clause 1above.Clause 37(A):- The Contractor shall be responsible forand shall pay the expenses of providing medical aid to anyworkman who may suffer a bodily injury as a result of anaccident. If such expenses are incurred by Government thesame shall be recoverable from the Contractor forthwithand be deducted without prejudice to any other remedy ofthe Government from any amount due or that may becomedue to the Contractor.Clause 37 (B):- the contractor shall provide all necessarypersonal safety equipment and first aid apparatus availablefor the use of the persons employed on the site and shallmaintain the same in condition suitable for immediate useat any time shall comply with the following regulations inconnection therewith.a) The workers shall be required to use the equipmentsso provided by the Contractor and the Contractorshall take adequate steps to ensure proper use ofthe equipment by those concerned.b) When work is carried on in proximity to any placewhere there is a risk of drowning all necessarySignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

70Dy. Ex. Engineer,equipment shall be provided and kept ready for useand all necessary steps shall be taken for the promptrescue of any person in danger.c) Adequate provision shall be made for prompt first aidtreatment of all injuries likely to be sustained duringthe course of the work.(Govt. Circular No.PWD CAT-6076/3336/(400)/Bldg-2.Dated16-08-1985Clause 37 (C) :- The Contractor shall duly comply with theprovisions of “The Apprentices Act, 1961” (III of 1961). Therules made there under and the orders that may be issuedfrom time to time under the said Act and the said Rulesand on his failure or neglect to do so, he shall besubjected to all the liabilities and penalties provided bysaid Act and said Rules.Claim forquantitiesentered in thetender orestimatesClause 38 :- 1) Quantities in respect of the several itemsshown in the tender are approximate and no revision in thetendered rates shall be permitted in respect of any of theitems so long as, subject of any special provisioncontained in the specifications prescribing a differentpercentage of permissible variation in the quantity of theitem does no exceed the tender quantity by more than 25percent and so long as the value of the excess quantitybeyond this limit at the rate of the item specified in thetender, is not more than RS. 5,000/-2) The Contractor shall if ordered in writing by theEngineer to do so, also carry out any quantities inexcess of the limit mentioned above in sub clause (i)hereof on the same condition as and in accordancewith the specifications in the tender and at the rates(i) derived from the rates entered in current scheduleof rates and in the absence of such rates (ii) at therates prevailing in the market. The said rates beingSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

71Dy. Ex. Engineer,increased or decreased as the case may be, by thepercentage which the total tendered amount bears tothe estimated cost of the works as based upon thecurrent schedule of rates (for the year prevailing atthe Time of Finalization of Agency) (for the purposeof operation of this clause, this cost shall be workedout from the DSR prevailing at the Time ofAcceptance of tender.(3) Claims arising out of reduction in the tenderedquantity of any item beyond 25% will be governed bythe provision of clause 15 only when the amount ofsuch reduction beyond 25 percent at the rate of theitem specified in the tender is more that Rs.5,000/-(The clause is not applicable to extra items).(4) This clause is not applicable to extra items.(5) There is no change in the rate if the excess is morethan 25% of the tendered quantity, but the value ofthe excess work at the Tendered rates does notexceed Rs. 5000/-(6) The quantities to be paid at tendered rate shallinclude:-Employmentof famineLabour etc.(a)(b)Tendered quantity plus25% excess of the Tendered quantity or the excessquantity of the value of Rs. 5,000/- at the Tenderedrates whichever is more.Clause 39 :- The contractor shall employ any famine,convict or other labour of a particular kind or class if orderedin writing to do so by the Engineer-in-Charge .Claim forcompensation fordelay in startingthe work.Clause 40 :- No compensation shall be allowed for anydelay caused in the starting of the work on account ofacquisition of land or in the case of clearance works, onaccount of any delay in according to sanction of estimates.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

72Dy. Ex. Engineer,Claim forcompensationfor delay inexecution ofwork.Entering upon orcommencing anyportion of workMinimum ageof personsemployed,theemploymentof donkeysand/ or otheranimals andthe paymentof fair wages.Clause 41:- No compensation shall be allowed for anydelay in the execution of the work on account of waterstanding in borrow pits or compartments. The rates areinclusive for hard or cracked soil, excavation in mud, subsoil, water standing in borrow pits and no claim for an extrarate shall be entertained, unless otherwise expresslyspecified.Clause 42 :- The contractor shall not enter upon orcommence any portion of work except with the writtenauthority and instructions of Engineer-in-Charge or of hissubordinate in charge of the work. Failing such authority, thecontractor shall have no claim to ask for measurements of orpayments for work.Clause 43 :-(i)(ii)(iii)(iv)(v)No contractor shall employ any person who is underthe age of 18 years.No contractor shall employ donkeys or other animalswith breaching of string or thin rope. The breachingmust be at least three inches wide and should be oftape ( Newer ).No animal suffering from sores, lameness oremaciation or which is immature shall be employedon the work.The Engineer-in-Charge or his Agent is authorized toremove from the work, any person or animal foundworking which does not satisfy these conditionsand no responsibility shall be accepted by theGovernment for any delay caused in the completionof the work by such removal.The contractor shall pay fair and reasonable wagesto the workmen employed by him in the contractundertaken by him. In the event of any disputeSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

73Dy. Ex. Engineer,arising between the contractor and his workmen onthe grounds that the wages paid are not fair andreasonable, the dispute shall be referred withoutdelay to the Executive Engineer, who shall decidethe same. The decision of the Executive Engineershall be conclusive and binding on the contractor butsuch decision shall not in any way affect theconditions in the contract regarding the payment tobe made by the Government at the sanctionedtender rates.Method ofpayment.Acceptanceof conditionscompulsorybeforetendering forwork.Employmentof scarcitylabour.(vi)(vii)Contractor shall provide drinking water facilities tothe workers. Similar amenities shall be provided tothe workers engaged on large work in urban areas.Contractor to take precaution against accidentswhich take place on account of labour using loosegarments while working near machinery.Clause 44 :- Payment to contractors shall be made bycheque drawn on any treasury within the divisionconvenient to them provided the amount exceeds Rs.10.Amounts not exceeding Rs.10 will be paid in cash.Clause 45:- Any contractor who does not accept theseconditions shall not be allowed to tender for works.Clause 46:- If Government declares a state of scarcity orfamine to exist in any village situated within 10 miles of thework, the contractor shall employ upon such parts of thework, as are suitable for unskilled labour, any personcertified to him by the Executive Engineer, or be anyperson to whom the Executive Engineer may havedelegated this duty in writing to be in need of relief andshall be bound to pay to such person wages not below theminimum which Government may have fixed in this behalf.Any disputes which may arise in connection with theImplementation of this clause shall be decided by theExecutive Engineer whose decision shall be final andbinding on the contractor.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

74Dy. Ex. Engineer,Maharashtra ActXIX of 1985,Clause regardingTurnover taxvide P. W. D.Circular No.CAT-1086/ CR-330 –Bldg-2Dated 10 th , June1987.Clause 47 :- The price quoted by the contractors shall notin any case exceed the control price, if any, fixed by Govt.or reasonable price which it is permissible for him tocharge a private purchaser for the same class anddescription, the controlled price or the price permissibleunder the provisions of Hoarding and ProfiteeringPrevention Ordinance, 1948 as amended from time totime. If the price quoted exceeds the controlled price or theprice permissible under Hoarding and ProfiteeringPrevention Ordinance, the contractor will specificallymention this fact in his tender along with the reasons forquoting such higher prices. The purchaser at his discretionwill in such case exercise the right of revising the price atany stage so as to conform with the controlled pricepermissible under Hoarding & Profiteering Ordinance. Thisdiscretion will be exercised without prejudice to any otheraction that may be taken against the contractor.Clause 48 :- The tender rates are inclusive of all taxes,rates, cesses and are also inclusive of the liable tax inrespect of sale by transfer of property in goods involved inthe execution of a work contract under the provision ofRule 58 of Maharashtra Value Added Tax act 2005, for thepurpose of levy of Tax.Clause 49 :- In case of materials that may remain surpluswith the contractor from those issued for the workcontracted for, the date of ascertainment of the materialsbeing surplus will be taken as the date of sale for thepurpose of sales tax and the sales tax will be recovered onsuch sale.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

75Dy. Ex. Engineer,Clause 50 :- The contractor shall employ the unskilledlabour to be employed by him on the said work only fromlocally available Labours and shall give preference enrolledunder Maharashtra Government and Self EmploymentDepartments Scheme.Provided, however, that if the required unskilled labour arenot available locally, the contractor shall in the first instanceemploy such number of persons as is available andthereafter may with previous permission, in writing of theExecutive Engineer-in-Charge of the said work, obtainedthe rest of requirements of unskilled the labour fromoutside the above scheme.Clause 51 :- Wages to be paid to the skilled and unskilledlabourers engaged by the contractor.The contractor shall pay the labourers skilled and unskilledaccording to the wages prescribed by the Minimum WagesAct of 1948 applicable to the area in which the work of theContractor is in progress.1) The Contractor shall comply with the provisions ofthe Apprentices Act, 1961, and the rules and ordersissued there under from time to time. If he fails to doso, his failure will be a breach of the contract and theSuperintending Engineer, may in his discretion maycancel the contract. The contractor shall also beliable, for any pecuniary liability arising out onaccount of any violation by him of the provision ofthe Act. (Vide Government Circular No. CST-1086/CR-243 Ka- Building-2/ Mantralaya, Bombay 400032, dated 11 Sept. 1987)Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

76Dy. Ex. Engineer,The contractor shall pay the labourers skilled and unskilledaccording to the wages prescribed by the Minimum Wagesact of the 1948 applicable to the area in which the work isin progress.Clause 52 :- All amounts whatsoever which the contractoris liable to pay to the Government in connection withexecution of the work including the amount payable inrespect of (i) materials/ and or stores supplied/issuedhereunder by the Government to contractor (ii) hirecharges in respect of heavy plant, machinery andequipment given or hire by the Government to thecontractor for execution by him of the work and/or whichadvances have been given by the Government to thecontractor shall be deemed to be arrears of the LandRevenue and the Government may without prejudice toany other rights and remedies of the Government recoverthe same from the contractor as arrears of Land Revenue.GovernmentCircular No. CAT1284(120)Building-2,Mantralaya,Bombay 400032.Dated 14-8-85Clause 53 :- The contractor shall duly comply with all theprovisions of the Contract Labour ( Regulation and Abolition)Act, 1970 (37 of 1970) and the Maharashtra Contract Labour(Regulation and abolition) Rules, 1971 as amended from time totime and all other relevant statues and statutory provisionsconcerning payment of wages particularly to workmenemployed by the contractor and working on the site of the work.In particular the contractor shall pay wages to each workeremployed by him on the site of the work at the rates prescribedunder the Maharashtra Contract labour (Regulation andAbolition) Rules, 1971. If the contractor fails or neglects to paywages at the said rates or makes short payments and theGovernment makes such payment of wages in full or partthereof less paid by the Contractor as the case may be, theamount so paid by the Government to such workers shall bedeemed to be arrears of Land Revenue and the Governmentshall be entitled to recover the same as such from theSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

77Dy. Ex. Engineer,contractor or deduct same from the amount payable by theGovernment to the contractor hereunder or from any otheramount/s payable to him by the Government.EducationDepartmentNo. TSA/5170/ T/5689, dated7.7.1992)EducationClause 54 :- The Contractor shall engage apprenticessuch as brick layer carpenter, wiremen, plumber, as wellas blacksmith recommended by the State ApprenticeshipAdvisor Director of Technical Education, Dhobi Talao,Mumbai- 400 001 In the construction work. (As perGovernment of Maharashtra, Education DepartmentNo.TSA/5170/T/56689, dated, 7.7.72)Clause 55 :- ( Government of Maharashtra P.W.D.Resolution No. CAT / 1086 / CR-243 / K / Bldg.32 Dt.11.8.1987)CONDITIONS FOR MALARIA ERADICATIONANTI MALARIA AND OTHER HEALTHMEASURES(a) The anti-malaria and other health measures shall be asdirected by the Joint Director ( Malaria and Filaria) of HealthServices, Pune.(b)The contractor shall see that mosquito zenic conditionsare not created so as keep vector population to minimum level.c) The Contractor shall carry out anti –malaria measures inthe area as per guidelines prescribed under National MalariaEradication Programme and as directed by the Joint Director(Malaria and Filaria) of Health Services, Pune.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

78Dy. Ex. Engineer,d) In case of default in caring out prescribed anti-malariameasures resulting in increase in malaria incidence, contractorshall be liable to pay to Government the amount spent by theGovernment on anti-malaria measures to control the situation inaddition to fine.e) RELATION WITH PUBLIC AUTHORITIES.The contractor shall make sufficient arrangements fordraining away the sewerage water as well as water coming fromthe bathing and washing places and shall dispose off this waterin such a way as not to cause any nuisance. He shall also keepthe premises clean by employing sufficient number ofsweepers. The contractor shall comply with rules, regulations,bye-laws and directions given from time to time by any local orpublic authority in connection with this work and shall pay feesor charges which are liable on him without any extra cost toGovernment.Clause 56 :-(H§$ÌmQ>XmamZo emgH$s` {d_m{ZYrnmer H§$ÌmQ>H$m_mMm {d_m CVadmdm åhUyZ H$amaZmå`mVg_[dîQ> H$amd`mÀ`m AQ>rMo n«mén.)H§$ÌmQmXmamda gmon{dcoë`m H§$ÌmQ>H$m_m§Mm {d_m H§$ÌmQ>Xmam§Zr {d_m g§MmcZmc`, _hmamîQ´>amÁ`,J¥h {Z_m©U ^dZ, 264 n{hcm _Ocm, H$cmZJa g_moa, dm§Ðo (nyd©), _w§~B©-400051 (XwaÜdZr H«$. 26590403/26590690 d \°$Šg H«$_m§H$26592461/26590403) `m H$m`m©c`mnmer H§$ÌmQ>mÀ`m g§nyU© aH$_og dH§$ÌmQ>mÀ`m nyU© H$mcmdYrgmR>r {d_mg§MmcZmc`mZo {ZpíMV Ho$coë`m (CXmhaUmW©H§$ÌmQ>XmamÀ`m g§nyU© Omo{I_rMo {d_mnÌ C^maUr OmoIr_ {d_mnÌ BË`mXr) {d_mnÌmImcrCVa{dUo gŠVrMo Amho. VgoM H§$ÌmQ>r H$m_ nyU© H$aÊ`mgmR>r {Z`wŠV H$aÊ`§mV `oVAgcoë`m gd© H$m_Jmam§Mm {d_m H$m_Jma ZwH$gmZ ^anmB© {d_mnÌmImcr CVa{dUoA{Zdm`© Amho. {d_m g§MmcZmc`mÀ`m ì`{V[aŠV AÝ` {d_m H§$nÝ`m§H$Sy>Z KoVcocr{d_mnÌo pñdH$macr OmUma ZmhrV.Oa H$moUË`mhr H§$ÌmQ>XmamZo CnamoŠV nÕVrZo {d_mnÌ Z KoVm nañna {d_m H§$nZrH$Sy>Z{d_mnÌ KoVë`mg emgH$s` {d_m {ZYrZo H$i{dcocr {d_mhßË`mMr aŠH$_ H§$ÌmQ>XmamgH§$ÌmQ>H$m_mnmoQ>r Xo` Agcoë`m aH$_oVyZ dgyc H$éZ {d_m g§MmcZmc`mH$S>o nmR>{dÊ`mV`oB©c. {d_m OmoIr_ BVa {d_m H§$nÝ`m§~amo~a {d^mJÊ`mMo {d_m g§MmcH$ `m§Mo A{YH$maA§Vr_ amhVrc.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

79Dy. Ex. Engineer,(Draft of proposed condition relating to Insurance ofContract works)Contractor shall take out necessary Insurance Policy /Policies (viz. Contractor's All Risks Insurance Policy, etc. asdecided by the Directorate of Insurance) so as to provideadequate insurance cover for execution of the awarded contractwork for total contract value and complete contract periodcompulsorily from the "Directorate of Insurance, MaharashtraState, Mumbai" only. Its postal address for correspondence is "264, MHADA, First Floor, Opp. Kalanagar, Bandra (E), Mumbai-400 051". (Telephone Nos 022- 265 90 403 / 265 90 690 andFax No is 022- 265 92 461 / 265 90 403). Similarly allworkmen's appointed to complete the contract work arerequired to insure under workmen's compensation InsurancePolicy Insurance Policy/ policies taken out from any othercompany will not be accepted. If any Contractor has not takenout insurance policy from the Directorate of Insurance,Maharashtra State, Mumbai" or has effected Insurance withany Insurance Company, the same will not be accepted and 1%of the tender amount or such amount of premium calculated bythe Government Insurance Fund will be recovered directly fromthe amount payable to the Contractor for the executed contractwork and paid to the Directorate of Insurance Fund,Maharashtra State, Mumbai. The Director of Insurancereserves the right to distribute the risks of insurance among theother insurers.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

80Dy. Ex. Engineer,PRICE VARIATION CLAUSE1. If during the operative period of the Contract as defined in condition (i)below, there shall be any variation in the Consumer Price Index (New Series)for industrial workers for JALGAON center as per Labour Gazette publishedby the Commissioner of Labour, Government of Maharashtra and/or in theWholesale Price Index for all commodities prepared by the office ofEconomic Adviser, Ministry of Industry, Government of India, or in the priceof petrol / oil and lubricants and major construction materials like bitumen,cement, steel, various types of metal pipes etc., then subject to the otherconditions mentioned below, price adjustment on account of:1) Labour component2) Material component3) Petrol, Oil and Lubricants Component4) TMT Steel component5) Cement ComponentCalculated as per the formula hereinafter appearing, shall be made.Apart from these, no other adjustments shall be made to the contract price forany reasons whatsoever. Component percentage as given below are as ofthe total cost of work put to tender. Total of Labour, Material & POLcomponents shall be 100 and other components shall be as per actual.1) Labour Component K 1 33.00 (%)2) Material Component K 2 56.00 (%)3) POL Component K 3 11.00 (%)4) TMT Steel component (Other plant) ActualStructural Steel.Actual5) Cement Component ActualNote:- Star Rates to be considered for escalation shall be the maximum ofaverage preceding rates of steel, cement, bitumen for 3 monthspreceding the months of receipts of the tender or rates mentioned inDSR whichever is higher.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

81Dy. Ex. Engineer,(1) FORMULA FOR LABOUR COMPONENT :V 1 = 0.85 P (K 1 X L 1 – L o )100 L owhere,V L = Amount of price variation in Rupees to be Allowed for LabourComponent.P= Cost of work done during the quarter under Consideration minus thecost of Cement, HYSD and Mild Steel, bitumen, C.I. and D.I. Pipescalculated at the basic star rates as applicable for the tender,consumed during the quarter under consideration.(These star rates shall be specified here)K 1 = Percentage of labour component as indicated above.L o = Basic consumer price index for JALGAON centre shall be averageconsumer price index for the quarter preceding the month in which thelast date prescribed for receipt of tender, falls.L 1 = Average consumer price index for Jalgaon centre for the quarter underconsideration.(2) FORMULA FOR MATERIAL COMPONENT :V 2 = 0.85 P (K 2 X M 1 – M o )100 Mowhere,V 2 = Amount of price variation in Rupees to be Allowed for LabourComponent.P= Same as worked out for labour component.K 2 = Percentage of material component as indicated above.M O = Basic wholesale price index shall be average wholesale price index forthe quarter preceding the month in which the last date prescribed forreceipt of tender, falls.M 1 = Average wholesale price index during the quarter under consideration.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

82Dy. Ex. Engineer,(3) FORMULA FOR PETROL, OIL AND LUBRICANT COMPONENT.V 3 = 0.85 P (K 3 X P 1 – P o )100 Powhere,V 3 = Amount of price variation in Rupees to be Allowed for POL Component.P = Same as worked out for labour component.K 3 = Percentage of Petrol, Oil and Lubricant ComponentP o = Average price of HSD at MUMBAI during the quarter preceding themonth in which the last date prescribed for receipt of tender, falls.P 1 = Average price of HSD at MUMBAI during the quarter underconsideration.(3) FORMULA FOR TMT STEEL COMPONENT.V 4 = So (Sl 1 – Sl O ))Sl Owhere,X TV 4 = Amount of price variation in Rupees to be allowed for HYSD / Mild SteelComponent.S O = Basic rate of HYSD / Mild Steel in rupees per metric tonne asconsidered for working out value of PSl 1 = Average Steel Index as per RBI Bulletin during the quarter underconsideration.Sl O = Average of Steel Index as per RBI Bulletin for the quarter preceding themonth in which the last date prescribed for receipt of tender, fallsT =Tonnage of steel used in the permanent works for the quarter underconsideration.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

83Dy. Ex. Engineer,5) FORMULA FOR CEMENT COMPONENT.V 5 = C o (CI 1 – CI o ) X TV 5 =C o =CI 1 =CI o =CI oAmount of price escalation in Rupees to be allowed for cementcomponent.Basic rate of cement in rupees per metric tonne as considered forworking out value of P.Average cement Index published in the RBI bulletin for the quarter underconsideration.Average of cement Index published in the RBI bulletin for the quarterpreceding the month in which to the last date prescribed for receipt oftender, falls.T= Tonnage of cement used in the permanent works for the quarter underconsideration.The following conditions shall prevail :i. The operative period of the Contract shall mean the period commencingfrom the date of work order issued to the Contractor and ending on the dateon which the time allowed for the completion of the works specified in theContract for work expires, taking into consideration the extension of time, ifany, for completion of the work granted by the Engineer under the relevantclause of the Conditions of Contract in cases other than those where suchextension is necessitated on account of default of the Contractor. Thedecision of the Engineer as regards the operative period of the Contractshall be final and binding on the Contractor. Where any compensation forliquidated damages is levied on the Contractor on account of delay incompletion or inadequate progress under the relevant Contract provisions,the price adjustment amount for the balance of work from the date of levy ofsuch compensation shall be worked out by pegging the indices, L 1 , M 1 , C 1 ,P 1 , B 1 , SI 1 and CI 1 to the levels corresponding to the date from which suchcompensation is levied.ii.This price variation clause shall be applicable to all contracts in B1, B2 andC form but shall not apply to piece works. The price variation shall bedetermined during each quarter as per formula given above in this clause.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

84Dy. Ex. Engineer,iii.The price variation under this Clause shall not be payable for the extra itemsrequired to be executed during the completion of the work and also on theexcess quantities of items payable under the provisions of Clause 38/37 ofthe contract from B1/B2 respectively. Since the rates payable for extraitems or the extra quantities under Clause. 38/37 are to be fixed as percurrent DSR or as mutually agreed to yearly revision till completion of suchwork. In other words, when the completion / execution of extra items as wellas extra quantities under Clause 38/37 of the contract from B1/B2 extendsbeyond the operative date of the DSR then rates payable for the samebeyond the date shall be revised with reference to the current DSRprevalent at that time on year to year basis or revised in accordance withmutual agreement thereon, as provided for in the Contract, whichever isless.This clause is operative both ways, i.e. if the price variation as calculatedabove is on the plus side, payment on account of the price variation shall beallowed to the contractor and if it is on the negative side, the Governmentshall be entitled to recover the same from the Contractor and the amountshall be deductible from any amounts due and payable under the contract.To the extent that full compensation for any rise or fall in costs to theContractor is not entirely covered by the provision of this or other clauses inthe contract, the unit rate and prices included in the contract shall bedeemed to include amounts to cover the contingency of such other actualrise or fall in costs.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

85Dy. Ex. Engineer,8.0 Additional General Conditions and SpecificationI N D E XSr. DescriptionNo.1 Genetral condition and specificaitons2 Contractor to sutdy site conditions3 Declaration of Contractor4 Indemnity5 Definitions6 Errors, omissions and discrepancies7 Programm of work8 Agent and work order book9 Responsibilities for level and alignment10 Leveling instruments11 Authorities of the Engineer in charge representative12 Co-rdinationPage No.86868686868989929293939313 Assistant in procuring properties/ permits etc 9414 Quarries 9515 Collection of material97Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

86Dy. Ex. Engineer,16 Treasure trove17 Patented device18 Explosive19 Damage by floods or accident20 Police protection21 Supervision and inspection of works and quality control22 Initial measurements for record23 Samples and testing of materials24 Contractor to take photographsProtection of underground telephone cable and aerial25 telephone wires and poes, transmission towers, electricitycables and water supply lines.26Medical and sanitary arrangement to be provided for labouremployed in the contraction by contrator.27 Safety code99999910010010010110210410410510628 Excavation and trencing. 10729 Scope of rates for different items of work10830 Payments31 Handing over of work110110Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

87Dy. Ex. Engineer,32 Claims33 Quality assurance and maintenance34 Alignment and level control11111111235 Sequence of Execution 11336 Providing and fixing work information board11337 Miscellaneous38 Defective work114116Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

88Dy. Ex. Engineer,(9) GENERAL CONDITION AND SPECIFICATIONS9.1 These are to apply as additional specifications and conditions, unlessotherwise already provided for contradictorily elsewhere in this contract.9.2 CONTRACTOR TO STUDY SITE CONDITIONS :-The contractor shall be deemed to have carefully examined the workand site conditions including labour, the general and the specialconditions, specifications, schedules and drawings and shall bedeemed to have visited the site of the work and to have fully informedhimself regarding the local conditions and carried out his owninvestigations to arrive at rates quoted in the tender. In this regard, hewill be given necessary information to the best of knowledge ofDepartment but without any guarantee about it.If he shall have any doubt as to the meaning of any portion of thesegeneral conditions or the special conditions, or the scope of work or thespecifications and drawings, or any other matter concerning thecontract, he shall in good time, before submitting his tender, set forththe particulars thereof and submit them to the Executive Engineer InCharge of the work in writing in order that such doubts may be clarifiedauthoritatively before tendering. Once a tender is submitted, the matterwill be decided according to tender conditions in the absence of suchauthentic pre-clarification.9.3. DECLARATION OF THE CONTRACTOR :-The contractor should sign the declaration form on page No. ------------9.4. INDEMNITY :-The contractor shall indemnity the Government against all actions, suitsclaims and demands brought or made against him in respect ofanything done or committed to be done by the contractor in executionof or in connection with the work of this contract and against any loss ordamage to the Government in consequence of any action or suit beingbrought against the Contractor for anything done or committed to bedone in the execution of the work of this contract.9.5. DEFINITIONS :- Unless excluded by or repugnant to the context.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

89Dy. Ex. Engineer,(a)(b)(c)The expression, Government as used in the tender papers shall meanthe Public Works Department of the Government of Maharashtra.The expression Chief Engineer as used any where in the tenderpapers shall mean Chief Engineer of the Government ofMaharashtra who is designated as such.The expression Superintending Engineer as used in the tenderpapers shall mean an officer of Superintending Engineer’s rank (bywhatever designation he may be known) under whose control the worklies for the time being.(d) The expression Engineer or Engineer-in-Charge as used in thetender papers shall mean the Executive Engineer-in-Charge of thework for the time being.(e)(f)(g)(h)(i)(j)The expression Contractor as used in the tender papers shall meanthe successful tenderer whose tender has been accepted, and whohas been authorised to proceed with the work.The expression Contract used in the tender papers shall mean thedeed of contract together with its original accompaniment and thoselatter incorporated in it by mutual consent.The expression Plant as used in the tender papers shall mean everytemporary and necessary or considered necessary by the Engineer toexecute, construct, complete and maintain the works and used inaltered, modified, substituted and additional work ordered in the timeand the manner herein provided and all temporary materials andspecial and other articles of application of every sort, kind anddescription whatsoever intended or used thereof.Drawings shall mean the drawing referred to in the specifications andany modifications of such drawings approved in writing by Engineerand such other drawings as may from time to time be furnished orapproved in writing by the Engineer.Engineer’s representative shall mean an assistant of the Engineernotified in writing to the contractor by the Engineer.Provisional sum or Provisional lumpsum shall mean lumpsumincluded by Government in tender documents and shall represent theSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

90Dy. Ex. Engineer,(k)(l)(m)estimated value of work for which details are not available at the time ofissue of tender.Provisional items shall mean items for which approximate quantitieshave been included in the tender documents.The Site shall mean the lands and / or other places, on under, in orthrough which the work is to be executed under the contract includingany other lands or places which may be allotted by Government orused for the purpose of contract.The Work shall mean the works to be executed in accordance with thecontract or part(s) thereof as the case may be and shall include allextra or additional, altered or substituted works as required forperformance of the contract.(n) The Contract sum shall mean the sum for which the tender is accepted.(o)The Accepting Authority shall mean the officer competent to acceptthe tender.(p) The Day shall mean a day of 24 hours from midnight to midnightirrespective of the number of hours worked in any day in that week.(q)(r)Temporary Works shall mean all temporary works of every kindrequired in or about the execution, completion, or maintenance of theworks.Urgent works shall mean any measure which, in the opinion of theEngineer-in-Charge, become necessary during the progress of theworks to obviate any risk or accident or failure or which becomenecessary for security of the work or the persons working, thereon.Where the context so requires, words importing the singular onlyalso include the plural and vice versa.Heading and marginal notes, if any, to the general conditions shallnot be deemed to form part thereof or be taken into consideration inthe Interpretation thereof of the contract.Wherever there is mention of Schedule of rates of the Division orsimply D. S. R. in this tender, it will be taken to mean as the Scheduleof the rate prepared on the basis of ministry data book of theDivision in whose jurisdiction the work lies.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

91Dy. Ex. Engineer,9.6. ERRORS, OMISSIONS AND DISCREPANCIES :-a) In case of errors, omissions and/or disagreement between written andscaled dimension on the drawing or between drawings andspecifications etc. the following order of preference shall apply.i) Between actual scaled and written dimensions or descriptions on adrawing the later shall be adopted.ii)iii)iv)Between the written or shown description or dimensions in the drawingand corresponding one in the specifications, the later shall apply.Between the quantities shown in schedule of quantities and thosearrived at from the drawings, the later shall be preferred.Between the written description of the item in the schedule of quantitiesand the detailed description in specification of the same items, latershall be adopted.b) In case of discrepancy between percentage rate quoted in figure andwords, the lowest of the two will be considered for acceptance oftender.c) In all cases of omissions and or doubts or discrepancies in thedimensions or description of any items or specification, a referenceshall be made to the Executive Engineer, whose elucidation,elaboration or decision shall be considered as authentic. The contractorshall be held responsible for any errors that may occur in the workthrough lack of such reference and precaution.d) The special provision in detailed specifications and wording of anyitems shall gain precedence over corresponding contradictory provision(if any) in the standard specifications of Public Works Department HandBook where reference to such specifications is given withoutreproducing the details in contract.9.7 PROGRAMME OF WORK :-The works is required to be completed within a period of 3 (Three)month (including the monsoon period). The tentative programme maybe as per the bar-chart attached in tender document.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

92Dy. Ex. Engineer,a) METHODOLOGY OF CONSTRUCTION AND CONSTRUCTIONEQUIPMENTS :-Contractor shall furnish at least 15 days in advance his programmeof commencement of item of work, the details actual methods thatwould be adopted by the contractor for the execution of variousitems of work such as well sinking, cast-in-situ, superstructure forbridge work and earth work, W.B.M, Black topping items etc. forroad works supported by necessary detailed drawing and sketchesincluding those of the plant and machinery that would be used, theirlocations, arrangement for conveying and handling materials etc.and obtain prior approval of Engineer-in-Charge well in advance ofsuch item of work. The Engineer-in-Charge reserves the right tosuggest modifications or make complete changes in the methodproposed by contractor, whether accepted previously or not anystage of the work, to obtain the desired accuracy, quantity andprogress of the work which shall be binding on the contractor, andno claim on account of such change in method of execution will beentertained by Government so long as specifications of the itemsremain unaltered. The sole responsibility for the safety andadequacy of the methods adopted by the contractor, will however,rest on the contractor, irrespective of any approval given by theEngineer.In case of slippage from the approved work programme at anystage, the contractor shall furnish revised programme to make upthe slippage within the stipulated time schedule and obtain theapproval of the Engineer to the revised programme.b ) CONSTRUCTION EQUIPMENT :-The contractor shall be required to give a trial run of theequipments for establishing their capability to achieve the laiddown specifications and tolerance to the satisfaction of theEngineer before commencement of the work. All equipmentsprovided shall be of proven efficiency and shall be operated andmaintained at all times, in a manner acceptable to the Engineer andno equipment or personnel will be removed from site withoutpermission of the Engineer.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

93Dy. Ex. Engineer,c) PROGRESS SCHEDULE :-The contractor shall furnish within the period stipulated in writing byEngineer-in-Charge a detailed programme schedule using C. P. M /PERT technique in quadruplicate indicating the date of actual start, themonthly progress expected to be achieved and the anticipatedcompletion date of each major item of work to be done by him, alsoindicating dates of procurement and setting up of materials, plant andmachinery. The schedule is to be such as is practicable ofachievement towards the completion of whole work in the time limit,and of the particular items, if any, on the due dates specified in thecontract and shall have the approval of the Engineer-in-Charge. Norevised schedule shall be operative without such acceptance in writing.The Engineer is further empowered to ask for more detailed scheduleor schedules say; weekly for any item or items, in any case of urgencyof work as will be directed by him and the contractor shall supply thesame as and when asked for.The contractor shall furnish sufficient plant, equipment and labour asmay be necessary to maintain the progress as scheduled. The workingand shift hours restricted to one shift a day for operations to be doneunder the Government supervision shall be such as may be approvedby the Engineer-in-Charge. They shall not be varied without the priorapproval of the Engineer. Night work which requires supervision shallnot be permitted except when specifically allowed by Engineer eachtime, if requested by the contractor. The contractor shall providenecessary lighting arrangement etc. for night work as directed byEngineer without extra cost.Further, the contractor shall submit the progress report of work inprescribed forms and charts etc. at periodical intervals, as may bespecified by the Engineer-in-Charge. Schedule shall be in the form ofprogress charts, forms, progress statement and/or reports as may beapproved by the Engineer.The contractor shall maintain profarmas, charts, details regardingmachinery, equipments, labour, materials, personnel etc. as may bespecified by the Engineer and submit periodic returns thereof as maybe specified by the Engineer-in-Charge.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

94Dy. Ex. Engineer,9.7 AGENT AND WORK ORDER BOOK :-The contractor shall himself manage the work or engage an authorisedall time agent on the work capable of managing and guiding the workand understanding the specification and contract conditions.A qualified and experienced, Engineer shall be provided by thecontractor as his agent for technical matter in case the Engineer-in-Charge considers this is essential for the work and so directs thecontractor. He will take orders as will be given by the ExecutiveEngineer or his representative and shall be responsible for carryingthem out. This agent shall not be changed without prior intimation to theExecutive Engineer and his representative on the work site. Thecontractor shall supply to the Engineer-in-Charge, the details of allsupervisory and other staff employed by the contractor and notifychanges when made, and satisfy the Engineer-in-Charge regarding thequantity and sufficiency, of the staff, thus employed. The engineer willhave the unquestionable right to ask for changes in the quality andnumbers of contractor’s supervisory staff and to order removal fromwork of any of such staff. The contractor shall comply with such orderand effect replacement to the satisfaction of the Engineer.A work order book shall be maintained on site and it shall be theproperty of Government and the contractor shall promptly sign ordersgiven therein by Executive Engineer or his representative and hissuperior officers, and comply with them. The compliance shall bereported by the contractor to the engineer in good time so that it can bechecked. The blank work order book with machine numbered pages willbe provided by the Department free of charge for this purpose. Thecontractor will be allowed to copy out instructions therein from time totime.9.8 RESPONSIBILITIES FOR LEVEL AND ALIGNMENT :-The contractor shall be entirely and exclusively responsible for thehorizontal and vertical alignment, the levels and correctness of everypart of the work and shall rectify effectually any errors or imperfectionstherein. Such rectification shall be carried out by the contractor at hisown cost, when instruction are issued to that effect by the Engineer-in-Charge.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

95Dy. Ex. Engineer,9.9. LEVELING INSTRUMENTS :-If measurement of items of the work are based on volumetricmeasurements, calculated from levels taken before and afterconstruction of the item, a sufficient number of leveling instruments,staves, tapes etc. will have to be kept available by the contractor atthe site of work for this purpose. Lack of such leveling instruments,staves, tapes, etc. in required numbers may cause delay inmeasurement of the work. The contractor will have therefore to keepsufficient number of these instruments readily available at the worksite.9.10. AUTHORITIES OF THE ENGINEER-IN-CHARGE’SREPRESENTATIVEThe duties of the representative of the Engineer-in-Charge are towatch and supervise the work and to test examine any material to beused or workmanship employed in connection with the works.The Engineer-in-Charge may from time to time, in writing delegate tohis representative any powers and authorities vested in the Engineerin-Chargeand shall furnish to the contractor, a copy of all suchdelegation of powers and authorities. Any written instruction orapproval given by the representative of the Engineer-in-Charge to thecontractor within the terms of such delegations (but not otherwise)shall bind the contractor and the department as though it had beengiven by the Engineer-in-Charge, provided always as follows.Failure of the representative of he Engineer-in-Charge to disapproveany work or materials shall not prejudice, the power of the Engineerin-Chargethereafter to disapprove such work or materials and soorder the pulling down, removal or breaking up thereof.9.11 CO-ORDINATION :-When several agencies for different sub-works of the project are towork simultaneously on the project site, there must be full coordinationand co-operation between different contractors to ensuretimely completion of the whole project smoothly. The schedule datesfor completion specified in each contract shall therefore, be strictlyadhered to by each contractor. Each contractor may make hisindependent arrangement for water, power, access housing, etc. if heSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

96Dy. Ex. Engineer,so desires. On the other hand, the contractors are at liberty to mutualagree in this behalf and make joint arrangement with the approval ofthe Engineer. No single Contractor shall take or cause to be takenany steps or action that may cause destruction, discontent, ordisturbance of work, labour or arrangement etc. of the otherContractor in the project localities. Any action by any Contractor whichthe Engineer in his unquestioned discretion may considerinfringement of the above code, would be considered as a breach ofContract Conditions and shall be dealt with as such.In case of any dispute, disagreement between the Contractors, theEngineer’s decision regarding the co-ordination, co-operation andfacilities to be provided by any of the contractor shall be final andbinding on the contractor concerned and such a decision or decisionsshall not vitiate any contract nor absolve the Contractor(s) of his/theirobligation under the contract, nor consider for the grant for any claimor compensation.9.12 ASSISTANCE IN PROCURING PRIORITIES, PERMITS ETC. :-The Engineer-in-Charge, on written request by the contractor, will if inhis opinion, the request is reasonable and in the interest of work and itsprogress, assist the contractor in securing, the priorities for deliveriestransport permits for controlled materials, permits for quarries and othersimilar permits etc. where such are needed. The Government, will nothowever be responsible for the non availability of such facility or delayin this behalf and no claims on account of such failures or delays shallbe allowed by the Government.The Contractor shall have to make his arrangement for machineryrequired for the work. However, such machinery conveniently availablewith the Department may be spared as per rules in force on recovery ofnecessary security deposit and rent with agreement in the prescribedform. Such an agreement shall be independent of this contract andthe non supply of such machinery shall not form a ground for any claimor extension of time limit for this work.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

97Dy. Ex. Engineer,9.13 QUARRIES:-a) No. P.W.D. quarries are available with this Department. TheContractor(s) shall have to arrange the same himself/themselves.b) The quarrying operation shall be carried out by the Contractor withproper equipment such as compressors. Jack hammers, drill bits,explosives etc. and sufficient number of workmen shall be employed soas to get required out turn.c) The contractor shall carry out the works in the quarries in conformitywith all the rules and regulations already laid down from time to time byGovt. Any cost incurred by Government due to non compliance of anyrules or regulations or due to damages by the Contractor shall be theresponsibility of the Contractor.The Engineer-in-Charge or his representative shall be given fullfacilities by the Contractor for inspection at all times of the working ofthe quarry, records maintained, the stocks of the explosives anddetonators etc. so as to enable him to check that the working recordsand storage are all in accordance with the relevant rules. The Engineerin-Chargeor his representative shall at any time be allowed to inspectthe work, building, and equipment.d) The Contractor shall maintain at his own cost the books, registers etc.required to be maintained under the relevant rules and regulations andas directed by the Engineer-in-Charge. These books shall be open forinspection at all times by the Engineer-in-Charge or his representativeand the Contractor shall furnish the copies or extracts of books orregisters as and when required.e) All quarrying operations shall be carried out by the Contractor inorganised and expeditious manner, systematically and with properplanning. The Contractor shall engage licensed blaster and adoptelectric blasting and/or any other approved method which would ensurecomplete safety to all the men engaged in the quarry and itssurroundings. The Contractor shall himself provide suitable magazinesand arrange to procure and store explosives etc. as required under therules at his own cost. The designs and the location of the magazineshall be got approved in advance from the Chief Inspector ofExplosives and the rules and regulations in this connection as laidSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

98Dy. Ex. Engineer,down by the Chief Inspector of Explosives from as modified from timeshall be strictly adhered to by the Contractor. It is generallyexperienced that it takes time to obtain the necessary licence forblasting and licence for storage of blasting materials from theconcerned authorities. The Contractor must therefore take timelyadvance action for procuring all such licenses so that the work progressmay not be hampered.f) The approaches to the quarrying place from the existing public roadsshall have to be arranged by the Contractor at his own cost, and theapproaches shall be maintained by the Contractor at his own cost tillthe work is over.g) The quarrying operations shall be carried out by the Contractor to theentire satisfaction of the Engineer-in-Charge and the development ofthe quarry shall be made efficiently so as to avoid wastage of stones.Only such stones as are of the required quality shall be used on thework. Any stone which in the opinion of the Engineer-in-Charge is not inaccordance with the specifications or of required quality will be rejectedat any time, at the quarry or at the site of work. The rejected stonesshall not be used on the work and such rejected materials shall beremoved to the place shown, at the Contractor’s cost.h) Since all stones quarried from Government quarry (if made available)by the Contractor including the excavated over burden are the propertyof the Govt., no stones or earth shall be supplied by the Contractor toany other agencies or works or allowed to be taken away for any otherwork. All such surplus quarried materials not required for work underthis contract shall be the property of the Govt. and shall be handed overby the Contractor to Government, free of cost at quarry site dulyheaped at the spots indicated by the Engineer-in-Charge. Leaving off aquarry face or opening as a new quarry face shall be done only on theapproval of the Engineer-in-Charge.i) Quarrying permission will have to be directly obtained by the Contractorfrom the Collector of the District concerned for which purpose thedepartment will render necessary assistance. All quarry fees, royaltycharges, octroi duties, ground rent for stacking materials etc. if any tobe paid, shall be paid directly by the Contractor as per rules in force.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

99Dy. Ex. Engineer,j) The contractor will be permitted to erect at this own risk and cost at thequarry site if suitable vacant space Govt. area is available for thepurpose, his own structures for stores, offices, etc. at places approvedby the Engineer-in-Charge. On completion of the work, contractor shallremove all the structures erected by him and restore the site to itsoriginal condition.k) The contractor shall not use any land in the quarry either for cultivationor for any other purpose except, that required for breaking or stackingor transporting stones.9.14 COLLECTION OF MATERIALS :-(i)ii)iii)Where suitable and approved P. W. Deptt’s quarries exist, thecontractor or piece worker will be allowed, if otherwise there is noobjection to obtain the materials, to the extent required for the workfrom the quarry. He will be however, liable to pay compensation, ifany damage is caused to the quarry either deliberately or throughnegligence or for wastage of materials by himself or his staff orlabour. The contractor shall pay necessary royalty in advance andclaim refund according to rules, if admissible, and shall submitdetailed accounts of materials from quarries as directed.Where no suitable P. W. Deptt’s quarries exists or when the quantityof the material required cannot be obtained from a P. W.Department’s quarry, the contractor or piece-worker shall make hisown arrangements to obtain the materials from existing or a newquarry in Government waste land, private land or land belonging toother states or talukas etc. After opening the quarry but beforestarting collection, the quarry shall be got approved by the Engineerin-Chargeor his representatives. The contractor or piece workershall pay all royalty charges, compensation etc. No claims orresponsibility on account of any of obstructions caused to executionof the work by difficulties arising out of private owners of land, will beentertained.The rates in the tender include all incidental charges such asopening of a new quarry, opening out a new portion in an existingquarry, removing top soil and the unsuitable materials, dewatering aquarry, cost of blasting powder and fuse, lift, lead, repairs to existingSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

100Dy. Ex. Engineer,iv)cart tracks, making new cart tracks, control charges, central / stateGovernment or municipal taxes, local board cuss etc.The rates in the tender are for the delivery of the approved materialon road side, properly stacked at the places specified by theEngineer-in-Charge and are inclusive of conveyance charges inrespect of the leads and lifts. No claim on account of changes inlead will be entertained,v) No material shall be removed from the land within the road boundaryor from the land touching it, without the written permission of theEngineer-in-Charge or his authorised agent. If any materials isunauthorisely obtained from such places, the contractor or pieceworker shall have to make good the damages and pay suchcompensation, in addition, as may be decided by the ExecutiveEngineer and will have to stop further collection.vi)vii)Any material that falls on any P.W.D. Road from the cart etc. duringconveyance shall be immediately picked up and removed by thecontractor or piece worker, failing which, it will be got removeddepartmentally at his cost. No heap shall be left prior to stackingeven temporarily on the road surface or in any way so as to causeany obstruction or danger to the traffic. The contractor or the pieceworker shall be liable to pay for any claims or compensation etc.arising out of any accident, etc. Any such materials causingobstruction or danger etc. will be got removed departmentally at hiscost and no claims for any loss or damage to the material, thusremoved, will be entertained. The contractor shall also beresponsible for the damage or accident etc. arising out of anymaterial that falls on the road or track, not in charge of the Deptt.and shall attend to any complaint which may be received.The materials shall not be stacked in place where it is liable to bedamaged or lost due to traffic passing over or to be washed away byrain or floods, to be buried under the land slide etc. or slip down anembankment or hill side etc. No claims for any loss due to theseand similar causes will be entertained.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

101Dy. Ex. Engineer,viii)Before stacking, the materials shall be free from all earth, rubbishvegetable matter and other extraneous substance and in the case ofmetal, screened to gauge, if so directed when ready. It shall becollected/stacked entirely clear of the road way, on ground whichhas been cleaned of vegetation and leveled.9.15 TREASURE-TROVE:-In the event of discovery by the contractor or his employees, duringthe progress of the work of any treasure, fossils, minerals or anyother articles of value or interest, the contractor shall give immediateintimation thereof to the Engineer-in-Charge and forthwith hand overto the Engineer, such treasure or things which shall be the propertyof Government.9.16 PATENTED DEVICE:-Whenever the contractor desires to use any designed devices,materials or process covered by the letter of patent or copy right, theright for such use shall be secured by suitable legal arrangementand agreement with patent owner and the copy of their agreementshall be filed with the Engineer-in-Charge if so desired by the later.9.17 EXPLOSIVES:-The contractor shall at his own expense construct and maintainproper magazines, if such are required for the storage of explosivesfor use in connection with the work, such magazine being situated,constructed and maintained in accordance with the GovernmentRules applicable in that behalf. The contractor shall at his ownexpense obtain such license or licenses as may be necessary forstoring and using explosives. Notwithstanding that the location etc.or storage of explosives are approved by the Engineer, theGovernment, shall not be incurring any responsibility whatever inconnection with storage and use of explosives on the site or anyaccident or occurrence what-so-ever in connection, therewith, alloperations in or for which explosives are being employed at the riskof the contractor and upon his sole responsibility and the contractorhereby gives to Government an absolute indemnity in respectthereof.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

102Dy. Ex. Engineer,9.18 DAMAGE BY FLOODS OR ACCIDENTSThe contractor shall take all precautions against damage by floodsor like or from other accidents etc. No compensation will be allowedto the Contractor on this account or for correcting and repairing anysuch damage to the work during construction. The contractor shallbe liable to make good at his cost, any plant or materials belongingto the Government, lost or damaged by floods or from any othercause which is in his charge.9.19 POLICE PROTECTIONFor the Special Projection of camp and the contractor’s work, theDep't. will help the contractor as far as possible to arrange for suchprotection with the concerned authorities, if so required by thecontractor in writing. The full cost of such protection shall be borneby the contractor.9.20 SUPERVISION AND INSPECTION OF WORKS AND QUALITYCONTROLa) SUPERVISIONThe contractor shall either himself supervise the execution of theworks or shall appoint the competent agent approved by theEngineer-in-Charge, to act on his behalf. If in the opinion of theEngineer-in-Charge, the contractor has himself no sufficientknowledge and experience of receiving instructions or cannot givehis full attention to the works, the contractor shall at his ownexpenses employ as his accredited agent a qualified Engineerapproved by the Engineer-in-Charge.Orders given to the contractor’s agent shall be considered to havethe same force as if these had been given to the contractor himself.If the contractor fails to appoint suitable agent as directed by theEngineer-in-Charge, the Engineer-in-Charge shall have full power tosuspend the execution of the work until such date a suitable agent isappointed and the contractor shall be responsible for the delay socaused to the works and the contractor shall not be entitled for anycompensation on this behalf.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

103Dy. Ex. Engineer,b) INSPECTION:The contractor shall inform the Engineer-in-Charge in writing whenany portion of the work is ready for inspection giving him sufficientnotice to enable him to inspect the same without affecting the furtherprogress of the work. The work shall not be considered to havebeen completed in accordance with the terms of the contract untilthe Engineer-in-Charge shall have certified in writing to that effect.Approval of materials or workmanship or approval of part of the workduring the progress of execution shall not bind the Engineer-in-Charge or in any way affect him even to reject the work which isalleged to be completed and to suspend the issue of his certificateof completion till such alteration and modifications or reconstructionhave been effected at the cost of the contractor as shall enable himto certify that work has been completed to his satisfaction.The contractor shall provide at his cost necessary ladders and sucharrangements as to provide necessary facilities and assistance forproper inspection of all parts of the work at his own cost.9.21 INITIAL MEASUREMENTS FOR RECORDWhere, for proper measurement of the work, it is necessary to havean initial set of levels or other measurements taken, the same asrecorded in the authorised field book, or measurement book ofGovernment by the Engineer-in-Charge or his authorisedrepresentative will be signed by the contractor who will be entitledto have a true copy of the same made at his cost. Any failure on thepart of the contractor to get such levels etc. recorded before startingthe work will render him liable to accept the decision of theEngineer-in-Charge as to the basis of taking measurement. Likewisethe contractor will not cover any work which will render itssubsequent measurements difficult or impossible without first gettingthe same jointly measured by himself and the authorisedrepresentative of the Executive Engineer. The record of suchmeasurements on the Government side will be signed by theContractor and he will be entitled to have a true copy of the samemade at his cost.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

104Dy. Ex. Engineer,9.22 SAMPLES AND TESTING OF MATERIALS :i) All materials to be used on work shall be got approved in advance fromthe Engineer-in-Charge and shall pass the test and/or analysis requiredby him which will be :-ii)iii)Iv)a) As specified in the specification for the items concerned and/orb) I.S.I. Specifications (whichever and wherever applicable)c) Such recognised specifications acceptable to Engineer-in-Chargeas equivalent thereto or in absence of such authorisedspecification.d) Such requirement, test and/or analysis as may be specified bythe Engineer-in-Charge in order of precedence given above.The contractor shall at his risk and cost make all arrangements and/orshall provide for all such facilities as the Engineer-in-Charge mayrequire for collecting, preparing required number of samples for tests oranalysis at such time and to such place or places as may be directedby the Engineer and bear all charges and cost of testing. Suchsamples shall also be deposited with the Engineer-in-Charge.The contractor shall if and when required, submit at his cost thesamples of materials to be tested or analysed and if, so directed, shallnot make use of or incorporate in the works any materials representedby the samples until the required tests or analysis have been made andthe materials, finally accepted by the Engineer- in-Charge.The contractor shall not be eligible for any claim or compensation eitherarising out of any delay in the work or due to any corrective measuresrequired to be taken on account of and as a result of the testing ofmaterials.v) The contractor or his authorised representative will be allowed toremain present in the departmental laboratory while testing samplesfurnished by him. However the results of all the tests carried out in thedepartmental laboratory in the presence or absence of the contractor orhis authorised representative will be binding on the contractor.vi)The contractor shall at his own cost set up laboratory to carry out theroutine tests of materials which are to be used on the work. The testswill have to be carried out either in his field laboratory or in an approvedSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

105Dy. Ex. Engineer,vii)viii)ix)laboratory. In case tests are carried out in field laboratory, at least 20%tests should be carried out in nearest quality control laboratory of theDepartment.In case of materials procured by the contractor, testing as required bythe codes and specifications shall be arranged by him at his owncost. Testing shall be done in the presence of authorised representativeof the Engineer-in-Charge at the nearest approved laboratory. Ifadditional testing other than as required by specification is ordered, thetesting charges, shall be borne by the Department, if the test results aresatisfactory and by the contractor if the same are not satisfactory.In case of materials supplied by the Government, if the contractordemands certain testing, the charges thereof shall be paid by thecontractor if the testing results are satisfactory and the Department ifthe same are not satisfactory.Quality control tests shall be carried out as per frequency of tests givenin clause No. 901. Failing to do so, Engineer in charge is empoweredto accept or reject the work done. If quality control tests are conductedby the department, then recovery of testing charges will be made atpenal rate i.e. five times of specified rates by Government laboratory,from the running bill payable to the contractor.x) Designs and drawings of Acoustic system is to be submitted by thecontractor and Authentic consultant is to be kept by contractor tillcompletion and handing over building to user Department.xi)xii)Cement concrete mix design M-20 grade is also prepared by P.W.Department and charges of mix design shall be recovered from theforthcoming running bill payable to the contractor. This is for to savethe time of execution.Work of suspended false ceiling, P.O.P., gypsum boards fixing etc. is tobe executed as per detailed drawings and designs, which to besubmitted by the contractor. Payment and other charges of P.P.O.drawing and designs is borne by the contractor. P.O.P. work on wallsand ceiling area as per instructions given by Engineer in charges i.e.design of Khandesh's Historical murals as said in Assembly hall and atplaces instructed by Executive Engineer in charge. Designs andSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

106Dy. Ex. Engineer,drawings of P.O.P., false ceiling, gypsum board and relevant itemsshall be got approved by the Engineer in charge before execution.xiii)For Furniture :- All types of furniture shall be executed as per detaileddesigns and drawings. If any changes or deviations in the furniture areto be required, those changes shall be done by the contractor as perinstructions of Engineer in charge or user department.9.23 CONTRACTOR TO TAKE PHOTOGRAPHSThe contractor would have to take coloured photographs at variousstages/facilities of the work including interesting and novel features ofthe work as directed by the Engineer-in-charge. The photographsshould be of acceptable quality and shall be taken by a professionalcompetent photographer with camera having facility to record the dateof photographs taken in the prints and negatives. The contractorshould supply two coloured prints of each of the photograph taken tothe standard postcard size in albums of acceptable quality. Also thenegative in 35 mm. size shall be supplied for each photograph.Failure to do so will entitle the Government to recover an amount ofRs.20/- per photograph per print. The number of photographshowever be limited to 10 photographs per kilometer length.9.24 PROTECTION OF UNDERGROUND TELEPHONE CABLE ANDAERIAL TELEPHONE WIRES AND POLES, TRANSMISSIONTOWERS, ELECTRICITY CABLES AND WATER SUPPLY LINES :-During the execution of work, it is likely that the contractor may meetwith telephone cables, electrical cables, water supply lines, etc. Itwill, therefore be the responsibility of the contractor to protect themcarefully. All such cases Should be brought to the notice of theEngineer-in-Charge and also of the concerned Department by thecontractor. Any damage what-so-ever done to these cables and pipelines by the contractor shall be made good by him at his cost.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

107Dy. Ex. Engineer,9.25 MEDICAL AND SANITARY ARRANGEMENTS TO BE PROVIDEDFOR LABOUR EMPLOYED IN THE CONSTRUCTION BY THECONTRACTORa) The contractor shall provide adequate supply of potable water for theuse of laboures on work and in camps.b) The contractor shall construct trench or semi permanent latrines forthe use of the Laboures. Separate latrines shall be provided for menand women.c) The contractor shall build sufficient number of huts on a suitable plotof land for use of the Labourers according to the followingspecifications :-1. Huts of Bamboos and Grass may be constructed.2. A good site not liable to submergence shall be selected on highground remote from jungle but well provided with trees, shall bechosen wherever it is available. The neighborhood of tank, jungle,grass or woods should be particularly avoided. Camps should not beestablished close to large cuttings of earth work.3. The lines of huts shall have open spaces of at least ten yardsbetween rows. When a good natural site cannot be procured,particular attention should be given to the drainage.4. There should be no over crowding. Floor space at the rate of 10Sqm. per head shall be provided. Care should be taken to see thatthe huts are kept clean and in good order.5. The Contractor must find his own land and if he wants Governmentland, he should apply for it and pay assessment for it, if madeavailable by government.6. The contractor shall construct sufficient number of bathing places.Washing places should also be provided for the purpose of washingclothes.7. The Contractor shall make sufficient arrangements for drainingaway the surface and sludge water as well as water from the bathingand washing places and shall dispose off this waste water in suchway as not to cause any nuisance.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

108Dy. Ex. Engineer,8) The contractor shall engage a Medical Officer with a travelingdispensary for a Camp containing 500 or more persons if there is noGovt. or other private dispensary situated within 8 kilometers from theCamp. In case of emergency the contractor shall arrange at his costfor transport for quick medical help to his sick worker.9) The Contractor shall provide the necessary staff for effecting asatisfactory drainage system and cleanliness of the camp to thesatisfaction of the Engineer. At least one sweeper per 200 personsshould be engaged.10) The Assistant Director of Public Health shall be consulted beforeopening a labour camp and his instructions on matters such as watersupply, sanitary conveniences, the camp site, accommodation andfood supply shall be followed by the Contractor.11) The contractor shall make arrangement for all antimalarial measuresto be provided for the labour employed on the work. The antimalarialmeasures shall be provided as directed by the Assistant Director ofPublic Health.9.26 SAFETY CODE:-1) Suitable scaffolds shall be provided for workmen for all works thatcannot safely be done from the ground or from solid constructionexcept such short period work as can be done safely from ladders.When ladder is used, an extra mazdoor shall be engaged for holdingthe ladder and if the ladder is used for carrying materials as well,suitable footholds and handholds shall be provided on the ladder andthe ladder shall be given an inclination not steeper than 1:4 (1.horizontal and 4 vertical).2) Scaffolding or staging more than 3.25m above the ground or floorsswung or suspended from an overhead support or erected withstationary supports, shall have guard rail properly attached, bolted,braced and otherwise assured at least 1m high above the floor orplatform of such scaffolding or staging and extending along the entirelength of the outside ends thereof with only such openings as may benecessary for the delivery of materials. Such scaffolding or stagingSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

109Dy. Ex. Engineer,shall be so fastened as to prevent it from swaying from the buildingor the structure.3) Working platform, gangways, and stairways shall be so constructedthat they do not sag unduly or is more than 3.25m above ground levelor floor level. It shall be closely boarded and should have adequatewidth and should be suitably fenced as described in 2 above.4) Every opening in floor of the building or in a working platform shall beprovided with suitable protection to prevent fall of persons ormaterials by providing suitable fencing or railing with minimum heightof 1m.5) Safe means of access shall be provided to all working platforms andother working places. Every ladder shall be securely fixed. Noportable single ladder shall be over 9m in length. Width between siderails of ladder shall in no case be less than 30 cms for ladders up toand including 3m in length. For longer ladders this width shall beincreased at least 6mm for each additional 30 cms. of length. Uniformsteps spacing shall not exceed 30 cms.6) Adequate precautions shall be taken to prevent danger from electricalequipments. No materials on any of the site shall be stacked orplaced as to cause danger or in convenience to any person or thepublic. The contractor shall provide all necessary fencing and lights toprotect public from accidents and shall be bound to bear expense ofdefence of every suit, action or other proceedings of law that may bebrought by any person for injury sustained owing to neglect of theabove precaution and to pay any damages and costs which may beawarded in any such suit, action or proceedings to any such personor which may with the consent of the contractor to be paid tocompromise any claim by any such person.9.27 EXCAVATION AND TRENCHING :All trenches, 1.5 metres or more in depth shall at all times be suppliedwithin at least `1 ladder for each 30 metre in length or traction thereofLadder shall be extended from bottom of trench to at least 1 metreabove surface of the ground, sides of a trench which is 1.5 metres ormore in depth shall be stepped bck to give suitable slope, or securitySignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

110Dy. Ex. Engineer,held by timber braing, so as to avoid the danger of sides collapsing.Excavated materials shall not be placed within 1.3 metres of edge oftrench or half of depth of trench whichever is more. Cutting shall bedone from top to bottom under no circumstances shall undermining orundercutting be done.9.28 SCOPE OF RATES FOR DIFFERENT ITEMS OF WORK :-For item rate contracts, the contract unit rates for different items ofwork shall be for payment in full for completing the work to therequirements of the specifications including full compensation for allthe operations detailed in the relevant section of these specificationsunder “Rates”. In the absence of any direction to the contrary, therates are to be considered as fully inclusive of rate for finished workcovering all labour materials, wastage, temporary work, plant,equipment, overhead charges and profit as well as the generalliabilities, obligations and risks arising out of the general conditions ofcontract.The item rates quoted by the contractor shall, unless otherwisespecified, also include compliance with / supply of the following:-i) General works such as setting out, clearance of site beforesetting out and clearance of works after completion.ii)A detailed programme for the construction and completion of theworks (using CPM / PERT techniques) giving, in addition toconstruction activities detailed network activities for thesubmission and approval of materials, procurement of criticalmaterials and equipments.Fabrication of special products/equipments and their installationsand testing and for all activities of the Employer that are likely toeffect the progress of work, etc. including up-dating of all suchactivities on the basis of the decisions taken at the periodic sitereview meetings or as directed by the Engineer in charge.iii) Samples of various materials proposed to be used on the workfor conducting tests there on as required as per the provisions ofthe contract.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

111Dy. Ex. Engineer,iv)Design of mixes as per the relevant clauses of the specificationsgiving proportions of ingredients, sources of aggregates andbinder along with accompanying trial mixes as per the relevantclauses of these specifications to be submitted to the Engineerfor his approval before use in the works:v) Detailed designs, calculations and drawings for all temporaryworks (such as form work, staging, centering, specialisedconstructional handling and launching equipment and the like);vi)vii)viii)ix)Detailed drawings for templates, support and end anchorage,details for pre stressing cable profiles, bar bending and cuttingschedules for reinforcement, materials lists for fabrication ofstructural steel etc.Mill test reports for all mild and high tensile steel and cast steelas per the relevant provisions of the specifications:.Testing of various finished items and materials including bitumen,cement, concrete, bearings as required under thesespecifications and furnishing test reports/certificates.Inspection reports in respect of form work, staging, reinforcementand other items of work as per the relevant specifications.x) Any other data which may be required as per these specificationsor the conditions of contract or any other annexure/schedulesforming part of the contract.xi)xii)Any other item of work which is not specifically provided in the billof quantities but which is necessary for complying with theprovisions of the contract.All temporary works, form work and false works.Portion of road works beyond the limits and or any other workmay be got constructed by the employer directly through otheragencies. Accordingly, other agencies employed by the Employermay be working in the vicinity of the work being executed by thecontractor. The contractor shall liaise with such agencies andadjust his construction programme for the completion of the workaccordingly and no claim or compensation due to any reasonwhatsoever will be entertained on this account. The Employer willSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

112Dy. Ex. Engineer,be indemnified by the contractor for any claims from otheragencies on this account.9.29 PAYMENTS:-a) RUNNING BILLS:-One payments in a month will be granted by the Engineer-in-Charge if the progress is satisfactory and subject to availabity offunds. Contractor should submit details bills to the Engineer-in-Charge in appropriate P.W.D forms. Billing of all executed itemsshall be as per chronological sequence for concern record entiresfor billing purpose as per P.W.D. norms.b) FINAL BILL:-The contractor should submit final bill within one month aftercompletion of the work and the same will be paid within 3 monthsif it is in order. Disputed items and claims if any shall be excludedfrom the final bill and settled separately later on.9.30 HANDING OVER OF WORK:-All the work and materials before finally taken over byGovernment, will be the entire liability of the contractor forguarding, maintaining and making good any damages of anymagnitude. Interim payments made for such work will not alterthis position. The handing over by the contractor and taking overby the Executive Engineer or his authorised representative will bealways in writing of which copies will go to the ExecutiveEngineer or his authorised representative and the contractor. Itis, however, understood that before taking over such workGovernment will not put it into regular use as distinct from casualor incidental one, except as specifically mentioned elsewhere inthis contract, or as mutually agreed to.While submitting final bill contractor shall have to submit blueprints of record drawings in 10 copies and its original tracing printalso Contractor is also responsible for handing over the buildingin all respect to the user department.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

113Dy. Ex. Engineer,9.31 CLAIMSBills for extra work or for any claim shall be paid separately apartfrom the interim bills for the main work. The payment of bills forthe main work shall not be withheld for want of decision on theextras or claims not covered in the appendices.Claims for extra work shall be registered within 30 days ofoccurrence of the event. However bills for these claims includingsupporting data/details may be submitted subsequently.9.32 QUALITY ASSURANCE AND MAINTENANCE:-(for works costing more than 100 lakhs)1) To ensure the specified quality of work which will also includenecessary surveys, temporary works etc., the contractor shallprepare a quality assurance plan and get the same approvedfrom the Engineer-in-Charge within one month from the date ofwork order. For this, contractor shall submit an organization chartof his technical personnel to be deployed on the work along withtheir qualifications, job descriptions defining the functions ofreporting, supervising, inspecting and approving. The contractorshall also submit a list of tools, equipments and the machineryand instrumentation which he proposes to use for theconstruction and for testing in the field and/or in the laboratoryand monitoring. The contractor shall modify/supplement theorganization chart and the list of machinery, equipment etc. asper the direction of the Superintending Engineer and shall deploythe personnel and equipment on the field as per the approvedchart and list respectively. The contractor shall submit writtenmethod statements detailing his exact proposals of execution ofthe work in accordance with the specifications. He will have toget these approved from the Engineer-in-Charge. The quality ofthe work shall be properly documented through certificate,records, check-lists and logbooks of results etc. Such recordsshall be compiled from the beginning of the work and becontinuously updated and supplemented and this will be theSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

114Dy. Ex. Engineer,responsibility of the contractor. The forms should be gotapproved from the Engineer-in-Charge.2) Where the work is to be done on lump sum basis on contractor’sdesign the contractor shall also prepare and submit amaintenance manual giving procedure for maintenance, with theperiodicity of maintenance of works including inspections, toolsand equipments to be used, means of accessibility for all parts ofthe structure. He shall also include in the manual, thespecifications for maintenance work that would be appropriate forhis design and technique of construction. This manual shall besubmitted within the contract period.3) The contractor will have to depute at least 3 technical personnelon site for minimum 3 days training of execution of the workunder the Engineer in charge. Only these trained technicalpersonnel should be made in charge of the work both at plant siteand the work site.9.33 ALIGNMENT AND LEVEL CONTROL(a)(b)The contractor should check the reduced levels of bench marksset up along the alignment. Any discrepancy in the reducedlevels of those at site and as indicated in the drawings shouldimmediately be brought to the notice of the Engineer forreconciliation. The contractor should re-establish those benchmarks which are found missing at site, and should establishadditional bench marks as needed, for ensuring effective levelcontrol.The contractor shall be responsible for the true and propersetting out of the works in relation to the original survey points,lines and levels of reference given by Engineer in writing. If atany time during the progress of the works, any error shall appearor arise in the position, levels, dimensions or alignment of anypart of the works, the contractor on being requested to do so bythe Engineer, shall at his own cost rectify the error to thesatisfaction of the Engineer unless such error is based onincorrect data supplied in writing by the Engineer.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

115Dy. Ex. Engineer,(c)(d)The contractor shall carefully protect and prepare all benchmarks, reference pillars and pegs used in setting out the works tillfinal take over by the Engineer.i) The contractor should arrange to obtain approval to each andevery activity of the work prior to its commencement. Unless anduntil the proceeding activity has been approved by the concernedDeputy Engineer, in writing no next activity should becommenced by the contractor. Any work done without priorapproval of the concerned Deputy Engineer, would be regardedas unauthorized and would be summarily rejected.ii) The contractor should maintain an “Event register” at siteincorporating therein detailed daily activities carried out on thatday along with the details of machinery employed on the work,machinery in working order, bitumen consumed on that day,record of accidents if any, record of visit of higher officers and soon. This event register should be got initialed by the DeputyEngineer every day.The frequency of testing of various items shall be as per section901 of M.O.R.T. & H. specifications. In case the required numberof tests are not carried out by the agency the work may not beaccepted by the Executive Engineer and if inadvertently acceptedthe shortfall in frequency will be recovered at the following rates -9.34 SEQUENCE OF EXECUTION :-The sequence of execution of work shall be as per the bar chartattached with this tender on page No.9.35 PROVIDING AND FIXING WORK INFORMATION BOARD :The contractor shall provide and fix informatory sign board inrectangular shape of size mentioned below made out of 16 gauge(1.6 mm) thick mild steel sheet painted with one coat of Zincchromate stoving primer and two coats of yellow stoved enamelpaint on front side and grey stoved enamel paint on backside withblack paint border, messages, symbols etc. including M.S. angleiron frame of 35 mm x 35 mm x 3 mm and two M.S. angle iron postof size 65 mm X 65 mm x 6 mm and 3.65 m. long properly crossbraced with angle iron of size 50 mm x 50 mm x 5 mm duly paintedSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

116Dy. Ex. Engineer,with alternate black and white bands of 25 cm width including G.I.fixtures and fixing the board in 1:4:8 concrete block of size 60 x 60x 75 mm including transportation etc. complete.RSD CATEGORY AS PER IRC - 67-1977Size of Sign board 2.45 m. X 1.20 m. = 2.94 sqm.Size of additional plate 2.45 x 0.40 m. = 0.98 sqm.Total 3.92 sqm.The number of boards to be provided and fixed are 2 (Two). Onfailure to provide and fix the information boards as above, anamount of Rs.10000/- (Rupees Ten Thousand) per board will berecovered from any bill payable to the contractor. This work ofproviding and fixing the information board shall be completedwithin 20 days from the date of issue of work order. The details ofthe board is as per drawing No.29.36 MISCELLANEOUSa) Rates are inclusive of all Taxes.b) For providing electric wiring or water lines etc. recesses shall beprovided if necessary through walls, slabs, beams etc and lateron refilled up with bricks or stone chipping, cement mortarwithout any extra cost.c) In case if it becomes necessary for the due fulfillment of contractfor the contractor to occupy land outside Dep't. limits, thecontractor will have to make his own arrangements with the landowners and to pay such rents if any, are payable as mutuallyagreed between them.The Department will offer the Contractor all the reasonableassistance to enable him to obtain Govt. land for such purposeon usual terms and conditions as per rules of Government, ifsuch land is available.The special provision in detailed specifications or wording of anyitem shall gain precedence over corresponding contradictoryprovision (if any) in the standard specifications or P.W.D. HandBook where reference to such specifications is given withoutreproducing the details in contract.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

117Dy. Ex. Engineer,d) Suitable separating barricades and enclosures shall be providedto separate material brought by contractor and material issued bygovernment to contractor under Schedule ‘A’. Same is applicablefor the material obtained from different sources of supply.e) The stacking and storage of construction material at site shall bein such a manner as to prevent deterioration or infusion of foreignmatter and to ensure the preservation of their quality, propertiesand fitness for the work. Suitable precautions shall be taken bythe Contractor to protect the material against atmosphericactions, fire and other hazards. The materials likely to be carriedaway by wind shall be stored in suitable stores or with suitablebarricades and where there is likely-hood of subsidence of soil,such heavy materials shall be stored on approved platforms.f) For Road and Bridge works the contractor shall in addition to thespecification cited here, comply with requirements of relevantI.R.C. Code in practice.g) The contractor shall be responsible for making good thedamages done to the existing property or work duringconstruction by his men.h) If it is found necessary from safety point of view to test any partof the structure, the test shall be carried out by the Contractorwith the help of the deptt. at his own cost.i) Defective work is liable to be rejected at any stage. Thecontractor, on no account can refuse to rectify the defects merelyon reasons that further work has been carried out. No extrapayment shall be made for rectification.j) In the schedule ‘B’ the work has been divided into sections butnotwithstanding this, every part of it shall be deemedsupplementary to and complementary of every other part.k) General directions or detailed description of work, materials anditems coverage of rates given in the specification are notnecessarily repeated in the Bill of Quantities. Reference is,however, drawn to the appropriate section clause (s) of theGeneral specifications in accordance with which, the work is tobe carried out.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

118Dy. Ex. Engineer,l) In the absence of specific direction to the contrary, the rates andprices inserted in the items are to be considered as the fullinclusive rates and prices for the finished work described thereunder and are to cover all labour, materials, wastage, temporarywork, plant, overhead charges and profiles, as well as thegeneral liabilities, obligations and risks arising out of the Generalconditions of contract.m) The quantities set down against the item in the Schedule ‘B’ areonly estimated quantities of each kind of work included in theContract and are not to be taken as a guarantee that thequantities scheduled will be carried out or required or that theywill not be exceeded.n) All measurements will be made in accordance with the methodsindicated in the specifications and read in conjunction with theGeneral Conditions of Contract.o) The details shown on drawings and all other informationpertaining to the work shall be treated as indicative andprovisional only and are liable to variation as found necessary,while preparing working drawing which will be supplied by theGovernment during execution. The contractor shall not, onaccount of such variation be entitled to any increase over theones quoted in the tender which are on quantity basis.p) The recoveries if any due from contractor will be effected asarrears of land revenue through the Collector of the District.q) Specifications of Road and Bridges work adhered herewith will eapplicable to works as per Schedule 'B' unless specifiedotherwise in the derailed specifications of the relevant items.9.37 DEFECTIVE WORKDefective work is liable to be rejected at any stage. Thecontractor on no account can refuse to rectify the defects merelyon reasons that further work has carried out. No extra paymentshall be made for such rectification.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

119Dy. Ex. Engineer,STATEMENT OF FREQUENCYSr. Material Name of Test FrequencyNo.1 Cement a) Finenessb) Initial setting timec) Final setting timed) Compressive strengthe) SoundnessFor each consignment of50 tonnes or partthereof.2 CementconcreteCompressive strength(kg/cm2)Quantity-set of 3 cubesuptoSection5 cum – 1 sets6-15 cum 3 sets16-30 cum 3 sets31-50 cum 4 sets51 cum & above – 4 set+ 1 additional set foreach additional 50 cumor part thereof.(per day work)3 Mortor Compressive strength(Kg/cum2)4 Sand a) Silt contentb) Fineness module5 Brick Burnt c) Water AbsorptionIInd class d) Crushing strength6 80/60/40metal andcrush metal25/20/12/10/6a) Sp. Gravityb) Crushing valuec) Abrasion Valued) Impact Valuee) Water Absorptionf) Flakinessg) Gradationh)7 Soil a) Proctor density testb) C.B.R. TestUpto 100 cum. work/day= one per mixerOne test for each sourceA set of 15 bricks foreach 50,000consignment or partthereof.One test for 200 m3 forroad work and forchange of source forconcrete works.a) One test per 8000m3 coilb) One test for per3000 m2 or asrequiredSignature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

120Dy. Ex. Engineer,8 Granual Subbase (Murum)a) Plasticity Index (P.1) One test per 25 m3 ofMaterial9 Hard murum a) Gradation Testb) Plasticity IndexOne test for per 200 cumquantity.10 Soft Murum a) Plasticity Index One test per 25 m3 ofquantity11 Stone/Rubble a) Specific Gravity One test for each sourceb) Water absorptionc) Compressive strength12 Concrete a) Compressive strength One test of (15cm) 6cubes per day for 1st 3days thereafter for every60 cum., of concrete orthree days work13 Inter lockingconcretepaving blocka) Compressive strengthb) Water absorptionwhichever is less.1 set of 8 blocks forevery 10000 block.14 Flooring tiles(Manglore andglazed)a) Water absorptionb) Flexural strength16 tiles for each 2000nos.15 Manglore tile a) Breaking loadb) Water absorption16 Mild/TMT steel Tensile strength, %Elongatin, weight per metre,Yield Stress, Bend/ RebendTest)A set of 16 tiles for each2000 nos.Per 10.00 MT / per lot ofsteel consignment.Note :-The testing charges done by the contractor at his own cost. (as per above frequencychart)Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

121Dy. Ex. Engineer,12.00 CONDITIONS FOR PROCUREMENT OF MATERIALSa. The contractor shall make his own arrangement for supply of materialsincluding cement and steel and RCC pipes, collars etc. The contractorshall be responsible for all transportation and storage of the materialsat site and shall bear all the related costs. The Engineer shall beentitled at any time, to inspect or examine all such materials. Thecontractor shall provide reasonable assistance for such inspection orexamination as may be required.b. The contractor shall keep an accurate record of use of materials likecement and steel used in the works in a manner prescribed by theEngineer and as per I.R.C. specifications.3) If there is any doubt regarding the materials received the same shouldbe got tested from the Govt. laboratory at the cost of the contractor,and if the results are sub standard, the materials or the work executedwith such materials will be rejected.4) The day-today record of the receipt/utility/balance of materials should bekept by the contractor at plant site/site of work/store and the same willbe checked by the Engineer-in-Charge or authorized Engineer at anytime.5) The testing charges shall be borne by the contractor.6) The procurement of cement, steel, RCC pipes etc. should be fromauthorised manufacturing company and the vouchers regardingpurchase there of shall be submitted to the Engineer in charge.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

122Dy. Ex. Engineer,DRAWING NO.2GOVT. OF MAHARASHTRANAME OF WORK:ENTER THENAMEOFDIVISIONAND PHONENO.ENTER THENAME OFWORKAMOUNT OF CONTRACT : RS._________________________ LACSDATE OF START : _______________________PERIOD OF COMPLETION : ______ MONTHS (UPTO________)DEFECT LIABILITY : ______ MONTHSENTER COSTENTER DATE- NAME OF CONTRACTOR –PHONE ------CROSS BRACING OF M.S.ANGLE OFSIZE 50 x 50 x 5 MMNOTE : ALLDIMENSIONSIN METRES\0.05C.C 1:4:8 BLOCK OF SIZE 60 x 60 x 75 CM0.750.60.6Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

123Dy. Ex. Engineer,10.0 SCHEDULE AName of work :ST BT to Nashirabad Bhadali Road VR-56 Tal. Jalgaon(Length 900 m)Schedule showing (approximately) the materials to be supplied fromthe departmental store work contracted to be executed and preliminary andancillary works and the rate at which they are to be charged for.Kin ofMaterialQuantityRate inFigureRate inwordsUnitPlace ofdelivery--------------- --------------- -------NIL--- -------------- ------------- --------------Note :-All the required materials for the works has to be brought by thecontractor at his own cost.Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

124Dy. Ex. Engineer,SCHEDULE -BMemorandum showing items of work to be carried outItemNo.Quantitiesestimated butmay be moreor lessItemofworkEstimate Rates Unit Total amountaccording toestimatedquantitiesIn figure In words--------------------- As per separate sheet Attached ---------------------------------Signature of Contractor. No. of Corrections Executive Engineer,Public Works Dn, Jalgaon

ETB 28-3 VR-56 NB Rd SCHEDULE 'B' Page No. 125 Dy. Executive EngineerSCHEDULE - BName of Work- ST BT to Nashirabad Bhadli Road VR-56 Tal. Jalgaon (Length 900 m)QuantityItemNo.Description of ItemRateIn Figures In WordsUnitAmount12 3 4 5 6 72700.00 SquareMetre1 Picking the road surface including sectioning complete (WBM surface.) 4.02 Rupees four andpaise two onlyOneSquareMetre10854.00502.20 CubicMetre2 Excavation for catch/road side water gutter/jungle gutter in allsorts of soils strata to the specified section including stackingthe excavated stuff in a regular bund and disposing ofunsuitable or excess stuff upto a lead of 50m. from place ofexcavation as directed by Engineer in charge by Mechanicalmeans and sectioning manually for road side gutter.37.19 Rupees thirtysevenand paisenineteen onlyOne CubicMetre18676.82270.00 CubicMetre3 Supplying trap/ granite/ quartzite/ gneiss stone metal of 40 mmsize by bringing the rubble / boulders at the road side, breakingthem to required gradation including conveying rubble / bouldersand stacking broken metal etc. complete. b) By breakingboulders (Hand Broken) .469.84 Rupees fourhundred sixtynineand paiseeighty-four onlyOne CubicMetre126856.80Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETB 28-3 VR-56 NB Rd SCHEDULE 'B' Page No. 126 Dy. Executive EngineerQuantityItemNo.Description of ItemRateIn Figures In WordsUnitAmount12 3 4 5 6 7180.00 CubicMetre4 Supplying hard murum/ kankar at the road side, including conveyingand stacking complete.305.45 Rupees threehundred five andpaise forty-fiveonlyOne CubicMetre54981.0067.50 CubicMetre5 Supplying soft murum at the road side, including conveying andstacking complete.292.12 Rupees twohundred ninetytwoand paisetwelve onlyOne CubicMetre19718.10270.00 CubicMetre6 Spreading 40 millimetre metal including sectioning complete. 24.12 Rupees twentyfourand paisetwelve onlyOne CubicMetre6512.40247.50 CubicMetre7 Spreading gravel/ sand/ soft murum/ hard murum over rubblesoling / water bound macadam surface complete.14.07 Rupees fourteenand paise sevenonlyOne CubicMetre3482.332700.00 SquareMetre8 Compacting the subgrade/ gravel/ size metal (100mm loose) layerswith power roller including necessary, labour, materials and artificialwatering complete. a) 2 mt. to 7 mt. width.9.05 Rupees nine andpaise five onlyOneSquareMetre24435.00Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETB 28-3 VR-56 NB Rd SCHEDULE 'B' Page No. 127 Dy. Executive EngineerQuantityItemNo.Description of ItemRateIn Figures In WordsUnitAmount12 3 4 5 6 7900.00 SquareMetre9 Compacting the hard murum side widths with power roller includingartificial watering complete. (Note : Rate is for actual area compacted)4.02 Rupees four andpaise two onlyOneSquareMetre3618.002700.00 SquareMetre10 Providing and laying 75 millimetre thick compacted Bitumen BoundMacadam with 80/100 grade bitumen over existing water boundmacadam surface including picking the road metalled surface,thoroughly cleaning the water bound macadam surface by usingmechanical broom or approved equipment, spreading 40 millimetresize metal (Hand broken by bringing blasted rubble on site of work) atthe rate of 0.09 cubic metre / square metre compacting metal withroller and bitumen is then spread at the rate of 2 kilogram / squaremetre, spreading 12 millimetre metal at the rate of 0.018 cubic metre /square metre The surface shall be lightly rolled so that metal piecesget embeded in the bitumen layer and rolling shall continue until entiresurface is throughly compacted etc. complete. (With Static Roller)(including diversion road) with all leads and lifts.188.42 Rupees onehundred eightyeightand paiseforty-two onlyOneSquareMetre508734.00Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETB 28-3 VR-56 NB Rd SCHEDULE 'B' Page No. 128 Dy. Executive EngineerQuantityItemNo.Description of ItemRateIn Figures In WordsUnitAmount12700.00 SquareMetre2 3 4 5 6 7503091.0011 Providing 20 Milimetre thick open graded premix bituminous carpetover BBM Road Surface including supplying all materials,preparingand cleaning the base, heating Bitumen, applying tack coat at 0.30kilogram per square metre, laying carpet and compacting without sealcoat Hot Mix Hot Laid with paver finisher (Considering 15% additionalmaterila i.e. 12 millimetre, 2.07 cubic metre / 100 square metre 10millimetre, 1.035 cubic metre / 100 square metre, 6 millimetre, 0.173cubic metre / 100 square metre and asphalt for 168 kilograme / 100square metre) with all leads and lifts.186.33 Rupees onehundred eightysixand paisethirty-three onlyOneSquareMetre2700.00 SquareMetre12 Providing bituminous liquid seal coat (Type A) to black top surface,with 60/70 grade bitumen including supplying all materials including allleads, preparing existing road surface, heating and applying bitumen,spreading chips and rolling complete (by using bulk asphalt) with allleads and lifts.58.73 Rupees fifty-eightand paiseseventy-threeonlyOneSquareMetre158571.00Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETB 28-3 VR-56 NB Rd SCHEDULE 'B' Page No. 129 Dy. Executive EngineerQuantityItemNo.Description of ItemRateIn Figures In WordsUnitAmount11.08 SquareMetre2 3 4 5 6 76551.4713 Providing and fixing Informatory sign board in square or rectangularshape of size made out of 16 gauge (1.6 millimetre ) thick mild steelsheet painted with one coat of zinc chromate stoving primer and twocoats of green stove enamel paint/powder coating on front side andgrey stove enamel powder coating on back side andborder/messages/ symbols etc. with cutout of retroflective sheeting ofengineering grade with water mark of the manufacturer on the surfaceat regular intervals visible with naked eye assuring the quality ofengineering grade including one mild steel angle iron frame of size 35millimetre x 35 millimetre x 3 millimetre and two mild steel angle ironposts each made of two angles of size 65 millimetre x 65 millimetre x6 millimetre, 3.65 m long welded together to form box or tee, properlycross braced with angle iron of size 50 millimetre x 50 millimetre x 5millimetre duly painted with synthetic enamel paint with alternateblack and white bands of 25 centimetre width including galvanisediron fixtures etc. and fixing the boards in 1:4:8 concrete block of size60 centimetre x 60 centimetre x 75 centimetre including transportationetc. complete. Retroreflective sheeting should be with five yearswritten warranty from the manufacturer / Authorised sole distributor forsatisfactory field performance including stipulated retroreflectance ofretroreflective sheeting and warranty in original should be submitted tothe Engineer in charge.6066.18 Rupees sixthousand sixtysixand paiseeighteen onlyOneSquareMetreSignature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETB 28-3 VR-56 NB Rd SCHEDULE 'B' Page No. 130 Dy. Executive EngineerQuantityItemNo.Description of ItemRateIn Figures In WordsUnitAmount1760.50 CubicMetre2 3 4 5 6 753744.5414 Royalty Charges on Natural Materials Such as Sand, Rubble, Murumetc.70.67 Rupees seventyand paise sixtysevenonlyOne CubicMetreTotal Rs.Say Rs.1499826.461499826.00Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETC 28-3 VR-56 NB Rd SCHEDULE 'C' Page No. 135 Dy. Executive EngineerSCHEDULE 'C' AND SPECIFICATIONName of Work- ST BT to Nashirabad Bhadli Road VR-56 Tal. Jalgaon (Length 900 m)Sr.No.Description of Item Referance to Standard Additional specification if anySpecificationNumberPageNumber1 2 3 4 51 Picking the road surface including sectioning complete (WBMsurface.)Rd.33 2082 Excavation for catch/road side water gutter/jungle gutter in allsorts of soils strata to the specified section including stackingthe excavated stuff in a regular bund and disposing ofunsuitable or excess stuff upto a lead of 50m. from place ofexcavation as directed by Engineer in charge by Mechanicalmeans and sectioning manually for road side gutter.---- ---- As directed by Engineer in charge3 Supplying trap/ granite/ quartzite/ gneiss stone metal of 40 mmsize by bringing the rubble / boulders at the road side, breakingthem to required gradation including conveying rubble /boulders and stacking broken metal etc. complete. b) Bybreaking boulders (Hand Broken) .Rd.19 1974 Supplying hard murum/ kankar at the road side, includingconveying and stacking complete.Rd.23 202Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETC 28-3 VR-56 NB Rd SCHEDULE 'C' Page No. 136 Dy. Executive EngineerSr.No.Description of Item Referance to Standard Additional specification if anySpecificationNumberPageNumber1 2 3 4 5Rd.24 2035 Supplying soft murum at the road side, including conveying andstacking complete.6 Spreading 40 millimetre metal including sectioning complete. Rd.34 2087 Spreading gravel/ sand/ soft murum/ hard murum over rubblesoling / water bound macadam surface complete.Rd.28, 31,36, 37206 to2098 Compacting the subgrade/ gravel/ size metal (100mm loose)layers with power roller including necessary, labour, materialsand artificial watering complete. a) 2 mt. to 7 mt. width.Rd.35 2099 Compacting the hard murum side widths with power rollerincluding artificial watering complete. (Note : Rate is for actualarea compacted)Rd.40 211Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETC 28-3 VR-56 NB Rd SCHEDULE 'C' Page No. 137 Dy. Executive EngineerSr.No.Description of Item Referance to Standard Additional specification if anySpecificationNumberPageNumber1 2 3 4 510 Providing and laying 75 millimetre thick compacted BitumenBound Macadam with 80/100 grade bitumen over existing waterbound macadam surface including picking the road metalledsurface, thoroughly cleaning the water bound macadam surfaceby using mechanical broom or approved equipment, spreading40 millimetre size metal (Hand broken by bringing blastedrubble on site of work) at the rate of 0.09 cubic metre / squaremetre compacting metal with roller and bitumen is then spreadat the rate of 2 kilogram / square metre, spreading 12millimetre metal at the rate of 0.018 cubic metre / square metreThe surface shall be lightly rolled so that metal pieces getembeded in the bitumen layer and rolling shall continue untilentire surface is throughly compacted etc. complete. (WithStatic Roller) (including diversion road) with all leads and lifts.PW Dept,Mantralaya,MumbaiGvot.Circular No.(Marathi)Sankirna/12001/ P.K.-2/ N-3 dated24-1-2001---- Compacting with static and bulk asphalt 80/100 grade.Roughness index tests shall be taken before and aftercompletion of BBM layers.Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETC 28-3 VR-56 NB Rd SCHEDULE 'C' Page No. 138 Dy. Executive EngineerSr.No.Description of Item Referance to Standard Additional specification if anySpecificationNumberPageNumber1 2 3 4 511 Providing 20 Milimetre thick open graded premix bituminouscarpet over BBM Road Surface including supplying allmaterials,preparing and cleaning the base, heating Bitumen,applying tack coat at 0.30 kilogram per square metre, layingcarpet and compacting without seal coat Hot Mix Hot Laid withpaver finisher (Considering 15% additional materila i.e. 12millimetre, 2.07 cubic metre / 100 square metre 10 millimetre,1.035 cubic metre / 100 square metre, 6 millimetre, 0.173 cubicmetre / 100 square metre and asphalt for 168 kilograme / 100square metre) with all leads and lifts.MOST 2000 CI.No.51112 Providing bituminous liquid seal coat (Type A) to black topsurface, with 60/70 grade bitumen including supplying allmaterials including all leads, preparing existing road surface,heating and applying bitumen, spreading chips and rollingcomplete (by using bulk asphalt) with all leads and lifts.MOST 2000CI. No. 513---- As directed by Engineer-in ChargeSignature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETC 28-3 VR-56 NB Rd SCHEDULE 'C' Page No. 139 Dy. Executive EngineerSr.No.Description of Item Referance to Standard Additional specification if anySpecificationNumberPageNumber1 2 3 4 5-- -- As directed by Engineer-in Charge13 Providing and fixing Informatory sign board in square or rectangularshape of size made out of 16 gauge (1.6 millimetre ) thick mild steelsheet painted with one coat of zinc chromate stoving primer and twocoats of green stove enamel paint/powder coating on front side andgrey stove enamel powder coating on back side andborder/messages/ symbols etc. with cutout of retroflective sheeting ofengineering grade with water mark of the manufacturer on thesurface at regular intervals visible with naked eye assuring the qualityof engineering grade including one mild steel angle iron frame of size35 millimetre x 35 millimetre x 3 millimetre and two mild steel angleiron posts each made of two angles of size 65 millimetre x 65millimetre x 6 millimetre, 3.65 m long welded together to form box ortee, properly cross braced with angle iron of size 50 millimetre x 50millimetre x 5 millimetre duly painted with synthetic enamel paintwith alternate black and white bands of 25 centimetre width includinggalvanised iron fixtures etc. and fixing the boards in 1:4:8 concreteblock of size 60 centimetre x 60 centimetre x 75 centimetre includingtransportation etc. complete. Retroreflective sheeting should be withfive years written warranty from the manufacturer / Authorised soledistributor for satisfactory field performance including stipulatedretroreflectance of retroreflective sheeting and warranty in originalshould be submitted to the Engineer in charge.Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon

ETC 28-3 VR-56 NB Rd SCHEDULE 'C' Page No. 140 Dy. Executive EngineerSr.No.Description of Item Referance to Standard Additional specification if anySpecificationNumberPageNumber1 2 3 4 514 Royalty Charges on Natural Materials Such as Sand, Rubble,Murum etc.---- ---- The Royalty Charges shall be Paid only after producingRoyalty Payment Slips in Original.Signature of contractor. No. of CorrectionsExecutive EngineerP.W. Dn, Jalgaon