Government of Maharashtra Public Works Department: Notice No. 26 Sr. No. 14 CM-29407
Government of Maharashtra Public Works Department: Notice No. 26 Sr. No. 14 CM-29407
Government of Maharashtra Public Works Department: Notice No. 26 Sr. No. 14 CM-29407
14 CM- 29407
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* GOVERNMENT OF MAHARASHTRA *
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* PUBLIC WORKS DEPARTMENT *
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* PUBLIC WORKS REGION, MUMBAI *
* PUBLIC WORKS CIRCLE, MUMBAI *
* PRESIDENCY (P.W.) DIVISION, MUMBAI *
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* “B-1” TENDER PAPERS FOR . *
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* NAME OF WORK : Repairs to Disaster office on 5th floor of DD *
* Building, Mumbai. *
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* Estimated Cost : Rs. 15,16,772/- *
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* Agreement No. : B-1/EE/PD/ ................... of 2023-2024 *
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* Executive Engineer, *
* Presidency (P.W.) Division, Mumbai *
* 2 floor, BandhkamBhavan, 25 Murzban Road,
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* Fort, Mumbai – 400 001. *
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(1)
CERTIFICATE
GOVERNMENT OF MAHARASHTRA
PUBLIC WORKS DEPARTMENT
DETAILS OF WORK
2. Total Security Deposit(2%)= Rs.31,000/-(of which 50% i.e. Rs. 15,500/-to bepaid
at the time of Agreement and 50% i.e. Rs. 15,500/-to be deducted from bills).
3. Time stipulated for completion is 4 (Four) Months which will include the monsoon
period.
GOVERNMENT OF MAHARASHTRA
PUBLIC WORKS DEPARTMENT
Online E- Tenders in B-1 Form For the Following Work are invited by the Executive
Engineer, Presidency Division, PWD, 2nd floor BandhakamBhavan, 25 Murzban Road, Fort, Mumbai-
400 001 (Tel. No-22016975/22016977) from contractors registered in appropriate class of the
Public Works Department. Right to reject/accept of all or one tender is reserved by the undersigned.
GOVERNMENT OF MAHARASHTRA
PUBLIC WORKS DEPARTMENT
1. Online percentage rate tenders in ‘B-1’ Form are invited by the Executive Engineer,
Presidency Division, PWD, 2nd floor BandhakamBhavan, 25 Murzban Road, Fort,
Mumbai - 400 001 for the following work fromContractorRegistered in Appropriate
Class of the Public works Department of Maharashtra State. The name of work, estimated
cost, earnest money, security deposit, time limit for completion etc. are as under.
3. Further information regarding the work can be obtained from the above office. Affidavit
on Rs. 100/- stamp paper in prescribed form given on Page-26 sworn before Executive
Magistrate / Notary and Performance Security Deposit (if required) should be submitted
online only. Bids will be openedas per the Tender Schedule, in the presence of such
intending Tenderers or his / their authorized representatives who may be present at that
time.
TENDERING PROCEDURE :
1.1.2 The tender submitted by the tenderer shall be based on the clarification, additional
facility offered (if any) by the Department, and this tender shall be unconditional.
Conditional tenders will be summarily REJECTED.
1.1.3 All tenderers are cautioned that tenders containing any deviation from the
contractual terms and conditions, specifications or other requirements and
conditional tenders will be treated as non responsive. The contractor should clearly
mention in forwarding letter that his offer (in envelope No.1& 2) does not contain
any condition, deviations from terms and conditions stipulated in the tender.
1.1.4 Tenderers should have valid Class II / III Digital Signature Certificate (DSC)
obtained from any Certifying Authorities. In case of requirement of DSC, interested
Bidders should go to https://mahatenders.gov.in and follow the procedure
mentioned in the document ;Procedure for application of Digital Certificate.
1.1.5 For any assistance on the use of Electronic Tendering System, the Users may call the
below
E-Mail : eproc.support@maharashtra.gov.in
1.2 Special Instructions to the Contractors/Bidders for the e-submission of the bids
online through this tender site :
https://mahatenders.gov.in
(2) Bidder then login to the site giving user id / password chosen during registration.
(3) The e-token that is registered should be used by the bidder and should not be
misused by others.
(4) The Bidders can update well in advance, the documents such as certificates, purchase
order details etc., under My Documents option and these can be selected as per
tender requirements and then attached along with bid documents during bid
submission.
(5) After downloading / getting the tender schedules, the Bidder should go through them
carefully and then submit the documents as asked, otherwise, the bid will be rejected.
(6) If there are any clarifications, this may be obtained online through the tender site, or
through the contact details. Bidder should take into account of the corrigendum
published before submitting the bids online.
(7) Bidder, in advance, should get ready the bid documents to be submitted as indicated
in the tender schedule and they should be in PDF/xls/rar/dwf formats. If there is
more than one document, they can be clubbed together.
(8) Bidder should get ready the EMD as specified in the tender. The original should be
posted/couriered/given in person to the Tender Inviting Authority, within the bid
submission date & time for the tender.
(9) The bidder reads the terms & conditions and accepts the same to proceed further to
submit the bids.
(10) The bidder has to submit the tender document online well in advance before the
prescribed time to avoid any delay or problem during the submission process.
(11) After the bid submission, the acknowledgement number, given by the e-tendering
system should be printed by the bidder and kept as a record of evidence for online
submission of bid for the particular tender.
(12) The details of the Earnest Money Deposit document submitted physically to the Dept
and the scanned copies furnished at the time of bid submission online should be the
same otherwise the Tender will be summarily rejected
(13) The Tender Inviting Authority (TIA) will not be held responsible for any sort of
delay or the difficulties faced during the submission of bids online by the bidders.
(14) The bidder may submit the bid documents either by online mode through the site
(https://mahatenders.gov.in) as indicated in the tender.
(15) The tendering system will give a successful bid updation message after uploading all
the bid documents submitted & then a bid summary will be shown with the bid no,
date & time of submission of the bid with all other relevant details. The documents
submitted by the bidders will be digitally signed using the e-token of the bidder and
then submitted.
(16) The bid summary has to be printed and kept as an acknowledgement as a token of
the submission of the bid. The bid summary will act as a proof of bid submission for
a tender floated and will also act as an entry point to participate in the bid opening
date.
(17) Bidder should log into the site well in advance for bid submission so that he submits
the bid in time i.e on or before the bid submission end time. If there is any delay, due
to other issues, bidder only is responsible.
(18) The bidder should see that the bid documents submitted should be free from virus
and if the documents could not be opened, due to virus, during tender opening, the
bid is liable to be rejected.
(19) The time settings fixed in the server side & displayed at the top of the tender site,
will be valid for all actions of requesting, bid submission, bid opening etc., in the e-
tender system. The bidders should follow this time during bid submission.
(20) All the data being entered by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered will not viewable by
unauthorized persons during bid submission & not be viewable by any one until the
time of bid opening. Overall, the submitted tender documents become readable only
after the tender opening by the authorized individual.
(21) The confidentiality of the bids is maintained since the secured Socket Layer 128 bit
encryption technology is used. Data storage encryption of sensitive fields is done.
(22) The bidders are requested to submit the bids through online etendering system to the
TIA well before the bid submission end date & time (as per Server System Clock).
(23) The bidder should logout of the tendering system using the normal logout option
available at the top right hand corner and not by selecting the (X) option in the
browser.
(24) The bidder should upload the Technical document in .rar format single file to upload
in Technical cover and then BOQ in .xls format single file to uupload in Finance
cover.
(25) For any other queries, the bidders are asked to contact through Mail
: etender.maha@nic.in
CIVIL WORKS
1.3.1 The bidder must purchase the bidding documents via online mode by filing the cost
of Tender.
1.3.2 The applicable EMD Rs. 15,200/- should be paid via online using payment gateway.
1.3.3 Scan copy of Valid certificate as a Registered Contractor with the Government of
Maharashtra in appropriate class as may be applicable in original or attested copy
thereof (Attested by a Gazetted Officer)
1.3.4 Scan Copy of Valid GST Registration Certificate.
1.3.5 Scan copy of Abstract of list of Machinery and plants immediately available with
the tenderer for 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 to be
procured. (information to be given in Statement-II on page No. 22)
1.3.6 Scan copy of Valid Professional Tax Registration certificate in form PT/R/& PT/E
under section (I) & (II) of section 5 of Maharashtra Sales Tax on Profession, Trade,
Callings and employment Act,1975, rule 3(2) & 4(4) from the Professional Tax
Officer of the concerned District in Maharashtra.
1.3.7 Scan copy of Abstract of details of work done during last five years with the value
of work unfinished. (Information to be given in Statement No. V on Page No.25)
1.3.8 Scan copy of Abstract of details of work of similar type and magnitude carried out
by the contractor. (Information to be given in proforma of Statement No. III on
Page No. 23)(during last five years)
1.3.9 Scan copy of Abstract of details of list of works in hand and works tendered
for.(information to be given in proforma of Statement No. I on Page No. 21)
The Certificates Sr. No. 1.3.7 to 1.3.9 should be signed by the Authority with whom
the contractor has executed the work not below the rank of Executive Engineer.
1.3.10 Scan copy of Abstract of details of Technical Personnel on the rolls of the
tenderer.(Information to be given in proforma of Statement No. IV on Page No. 24)
1.3.11 Scan copy of Undertaking / Declaration of contractor that he had studied all tender
documents, conditions and especially work methodology on the stamp paper of
Rs. 500/-. (as per format given on page no. 165)
1.3.12 Scan copy of Tentative program of work in the form of Bar Chart shall be
submitted.
1.3.13 The contractor shall submit an affidavit in original (as per format given on
Page No.26) regarding completeness, correctness and truthfulness through
online in Technical Bid. Affidavit shall be compulsorily Notarified.
Affidavit not confirming to these conditions will not be accepted and
Envelope No.2 will not be opened.
All the documents from Sr. No. 1.3.1 to 1.3.13 shall be correctly and
completely submitted by contractor online, otherwise his Envelope No.2
will not be opened.
1.3.14 Certified copy of Registration of Partnership Deed and Power of Attorney or copy of
Company Registration from the Competent Authority in case of a firm tendering for
work, Power of attorney shall be submitted. (True copy attested by a Gazetted
Officer.)
And/ or
Record of poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, litigation history or financial failures etc.
1.3.17 कं ाटदार एकमेकां िव द त ार करत असतील अथवा हरकती (Objections) घे त असतील तर .
15 कोटी कमतीपयत या कामांसाठी मु य अिभयंता व . 15 कोटी पे ा जा त कमती या
कामांसाठी िनिवदा वकृ तीस स म अिधकारी यांचेकडे आव यक कागदप ांसह संदभ क न िनणय
यावा. िनिवदा वकृ ती ािधका याचा िनणय दो ही बाजूस अंितम व बंधनकारक राहील.
1.4 The Contractor should submit one hard copy of all the documents required to be
submitted in Envelope No. 1 in sealed envelope, mentioning name of work. This
sealed envelope should be addressed to The Executive Engineer, Presidency Division,
Mumbai and should be submitted within 72 hours of last date and time of submission
of Bid in online form. This sealed envelope will be opened ONLY IF any technical
difficulty is faced in e-tending procedure.
1.5 ENVELOPE NO.2 : ( Financial Bid)
The Tenderer should quote his offer only through online bidding processes in terms
of percentage of estimated rates. He should not quote his offer any where directly or
indirectly in Envelope No. 1. The contractor shall quote for the work as per details
given in the main tender and also based on the detailed set of conditions
issued/Additional stipulations made by the Department and made available to him on
eTendering portal of Public Works Department, Government of Maharashtra
through online from Executive Engineer. His tender shall be unconditional.
1.6 SUBMISSION OF TENDER :
Refer to Section “Guidelines to Bidders on the operations of Electronic Tendering
System of Public Works Department” for details.
1.7 OPENING OF TENDERS
On the date, specified in the Tender Notice, following procedure will be adopted for
opening of the Tender.
(A) ENVELOPE NO. 1 : (Documents)
First of all Technical documents submitted, will be opened online to verify its
contents as per requirements. If the various documents contained in this
envelope do not meet the requirements of the Department, a note will be
recorded accordingly by the tender opening authority and the said tenderer’s
Envelope No.2 will not be considered for further action and the same will be
recorded.
The decision of the tender opening authority in this regards will be final and
binding on the contractors.
(B) ENVELOPE NO. 2 (Financial Bid) :
This envelope shall be opened online immediately after opening of Envelope
No. One, only if contents of Envelope No.1 are found to be acceptable to the
Department. The tendered rates in percentage above/below to the Estimated
rates shall then be read out (from Page No. 39) in the presence of bidders who
remain present at the time of opening of Envelope No. 2.
i) Earnest money of minimum Rs.15,200/- shall be paid via online using NEFT /
RTGS or payment gateway mode. After Tender opening, the EMD of the
unsuccessful bidder will be returned to account provided by the bidder during
the bid preparation as given in challan under Beneficiary Account Number.
The successful tenderer shall have to pay half the security deposit in approved security
form (preferably in the form of National Saving Certificate) or in cash or in the form
of Bank Guarantee (in the form as prescribed by Government) from any Schedule
Bank and balance Security Deposit will be recoverable through the bills at the
percentage as shown in item(s) of the Memorandum in printed B-1 form or as may be
decided by the Executive Engineer during course of execution of the work looking to
the position and circumstances that may prevail, whose orders will be final and
binding on the contractor.
The security deposit for the due performance of the contract shall be as detailed
in the Tender Documents elsewhere. Fifty percent of the security deposit will
have to be deposited within ten days (including Government holidays) of the
acceptance of the tender and the remaining fifty percent will be recovered from
the Running Bills at the rate as specified in the tender form, on the cost of work
as per SSR prevailing at the time of acceptance of tender. Amount of total
security deposit to be paid shall be 2%of the cost of work, worked out as per
SSR2022-2023for the respective District. Initial Security Deposit may be in
Bank Guaranteeform in format on Page 149 to 151 of tender document for full
period of completion of work and it should be extendable upto expiry of valid
extension if any, as directed by Engineer-in-charge
https://onlinebg.emapahapwd.com
1.10.1 If the Bidder quote his offer below by more than 1.00% of the Bid cost of the
Department and found L-1 then the Bidder should submit Additional Performance
Security Deposit in the form of Demand Draft/ Fixed Deposit Receipt/Bank
Guarantee of any Nationalized or Scheduled bank within 8 days after opening
of Envelope No.2 to the Executive Engineer as mentioned below.
1.10.2 If the Bidder quote his offer below by more than 1.00% upto 10% of the estimated
cost put to bid then he should submit a Demand Draft / FDR/BG amounting to
1% of the Bid Cost of the Employer towards Additional Performance Security.
1.10.3 If the Bidder quote his offer below by more than 10.00% and upto 15% of the
estimated cost put to bid then he should submit Additional Performance Security
1.00% for every additional percentage beyond 10.00% butupto 15% below
percentage quoted, in addition to 1.00% Additional Performance Security
mentioned in clause 14.2 above in the form of Demand Draft / FDR/BG. (e.g. if
the Bidder quotes his offer 14.00% below the estimated cost put to Bid, then he
should submit 14.00% - 10.00% = 4.00% +1.00% =5.00% amount of cost put to
Bid as total additional Performance Security).
If the Bidder quote his offer below by more than 15% of the estimated cost put to
tender/bid, then he should submit Additional Performance Security 2% for every
additional percent beyond 15% below percentage quoted, in addition to 1% + 5%
Additional Performance Security mentioned in Clause 1.10.2 and 1.10.3 above in
the form of Demand Draft /FDR/BG.
(e.g. if the bidder quotes his offer at 19% below the estimate cost put to tender/bid,
then he should submit (19%-15%)x 2 =8% +1%+5%=14% amount of cost put to
bid as Total Additional Performance Security)
If the Additional Performance Security required above is not submitted by the L-1
Bidder within 8 days of opening of Envelope No.2 to the Executive Engineer,
then the offer of L-2 Bidder will be considerd, provided he agrees to complete
the work at less than the cost of L-1 Bidder.
1.10.4 The Additional Performance Security of the Successful Bidder shall be returned
immediately upon completion of defect liability period, the certificate of which
shall be issued by the Engineer before releasing the Additional Performance
Security.
The work is to be completed within time limit as specified in the N.I.T. which shall
be reckoned from the date of written order of commencing the work and shall be
inclusive of monsoon period.
No alteration in the form of tender and the schedule of tender and no additions in the
scope of special stipulation will be permitted. Rates quoted for the tender shall be
taken as applicable to all leads and lifts.
The tenderers should particularly note the unit mentioned in the Schedule “B” on
which the rates are based. No change in the units shall be allowed. In the case of
difference between the rates written in figures and in words, the correct rate will be
the one which is lower of the two.
1.15 CORRECTION
No corrections shall be made in the tender documents. Any corrections that are to be
made, shall be made by crossing the incorrect portion and writing the correct
portions above with the initials of tenderer.
Acceptance of tender will rest with the Executive Engineer, Presidency (P.W.)
Division, Mumbai who reserves the right to reject any or all tenders without
assigning any reason therefor. The tenderer whose tender is accepted will have to
enter in to a regular B-1 agreement within 10 days of being notified to do so. In case
failure on the part of the tenderer to sign the agreement within the stipulated time,
the earnest money paid by him shall stand forfeited to the Government and the offer
of the tenderer shall be considered as withdrawn by him.
The tender which do not fulfill the condition of the notification and the general rules
and directions for the guidance to contractor in the agreement form or are
incomplete in any respect are likely to be rejected without assigning any reason
therefore.
1.18 (a) The tenderers shall be presumed to have carefully examined the drawings
conditions and specifications of the work and have fully acquainted themselves
with all details of the site, the conditions of rock and its joints, pattern, tidal
pattern and condition, whether characteristics, labour conditions and in general
with all the necessary information and data pertaining to the work, prior to
tendering for the work.
(b) The data whatsoever supplied by the Department, alongwith the tender
documents is meant to serve only as guide to the tenderers while tendering
and the Department accepts no responsibility whatsoever either for the
accuracy of data or their comprehensiveness.
(c) The quarries for extraction of metal, stone etc. provided in the sanctioned
estimates are as per survey conducted by the Department. The contractor
should however, examine these quarries and see whether full quantity of
materials required for execution of the work strictly as per specification are
available in these sources before quoting the rates. In case the materials are not
available due to reasons whatsoever, the contractor will have to bring the
materials from any other sources with no extra cost to Government. The rates
quoted should therefore be for all leads and lifts from wherever the materials
are brought at site of work and inclusive of royalty to be paid to the Revenue
Department by the Contractor.
If the tenderers are a firm or company, they should in their forwarding letter
mention the names of all the partners together with the name of the person who
holds the power of attorney authorising him to conduct all transactions on behalf of
the body, along with the tender as per scanned copy uploaded in envelope No.1.
1.20 The tenderer may in the forwarding letter, mention any points he may wish to make
clear but right is reserved to reject the same or the whole of the tenders if the same
become conditional tender thereby.
1.21 The contractor or the firms tendering for the work shall inform the Department if
they appoint their authorised agent on the work.
1.22 No foreign exchange will be released by the Department for the purchase of plants
and machinery for the work by the Contractor.
1.23 Any dues arising out of contract will be recovered from the contractor as arrears of
Land Revenue if not paid amicably Moreover, recovery of Government dues from
the Contractors will be effected from the payment due to the Contractor from any
other Government works under execution with them.
1.24 All scanned pages of tender documents, conditions, specifications, correction slips
etc. shall be initialed by the tenderer. The tender should bear full signature of the
tenderer, or his authorized power of Attorney holder in case of a firm.
1.25 The Income Tax at prevailing rate including surcharges or percentages in force from
time to time or at the rate as intimated by the competent Income Tax authority shall
be deducted from bill amount whether measured bill, advance payment or secured
advance.
1.26 The successful tenderer will be required to produce to the satisfaction of the
specified concerned authority a valid concurrent license issued in his favour under
the provisions of the Contract Labour (Regulation and Abolition) Act 1970 for
starting the work. On failure to do so, the acceptance of the tender shall be liable to
be withdrawn and also liable for forfeiture of the earnest money.
1.27 The tenderer shall submit the List of apprentices engaged by the Contractor under
Apprentice Act.
The offer shall remain open for acceptance for minimum period of 60 days from the
Date of opening of Envelope No. 2 (Financial Bid) and thereafter until it is
withdrawn by the contractor by notice in writing duly addressed to the authority
opening the tender and sent by Registered Post, acknowledgement due. (ref. to
memorandum on Page 40, para 2 of B-1 Form Chapter)
All the materials shall be tested from time to time according to frequency chart
attached in the tender. Necessary items regarding testing charges of various
construction materials are included in the tender. After producing satisfactory test
reports, contractors shall be entitled to get the necessary payment which is shown in
Schedule-B.
1.30 Contractor shall submit a certificate to the effect that “All the payments to the
labour/staff are made in bank accounts of staff linked to Unique Identification
Number (AADHAR CARD)” The certificate shall be submitted by the contractor
within 60 days from the commencement of contract. If the time period of contract is
less than 60 days then such certificate shall be submitted within 15 days from the
date of commencement of contract.
1.31 The contractor shall make all necessary arrangement required for supervising control
and data acquisition for concrete works / all cement works / masonry / plaster /
Testing Equipments items, well in advance before starting of the related items of
works and activities. All necessary arrangements be made shall be offered for
inspection to Engineer in-charge/PMC/Officer appointed by the Engineer in-charge
one month prior to the start of the related items of work. Changes if any, after his
inspection suggested by the Engineer in-charge/PMC/Officer appointed by the
Engineer in-charge shall be carried out at no extra cost and within the period of
Three days. A fresh request for inspection of Engineer in-charge/PMC/Officer
appointed by the Engineer in-charge after such rectifications shall be requested by
the Contractor and final approval to the arrangements of SCADA and submission
and approval of bills/s shall be obtained.
Contractor No. of Corrections Executive Engineer
(20)
As per articles 63 Bombay stamp (Amendment) Act, 2006 and further Act, 2006
amendments in April, 2015, the contractor will have to pay stamp duty on the value
of accepted tender amount as per prevailing rate declared by the Government of
Maharashtra from time to time before work order. The rates quoted by the contractor
will deemed to have considered all taxes, duties etc., including stamp duty. No
separate claim will be entertained on this account by the Employer. The stamp duty
has to be paid on GRAS online/eSBTR through net banking or any other medium as
per the direction of the Government in this regard.
FORM NO. - I
Ref : Page No. 11 Clause 1.3.9
Sr. Name Agreement Tendered Date of Stipulated Value of Value Probable Remarks
No of the No. Amount comme- date of work of Date of
. work (Rs. in ncement Comple- already balance Comple-
lakhs) tion done work tion
(Rs. in (Rs. in
lakhs) lakhs)
1 2 3 4 5 6 7 8 9 10
Sr Name Name and Tendered Time Probable Date Other relevant details if
No. of Address of Amount Limit when decision is any
work client (Rs. in lakhs) expected
1 2 3 4 5 6 7
Note : This is only a standard form Details are to be furnished in this format in the
form of typewritten statements which shall be enclosed in envelop No. 1.
FORM NO. - II
Ref : Page No. 11 Clause 1.3.5
Sr. Name of No. of Kind and Capacity Age and Present Remarks
No. equipment Units Make Condition location
1.2 There will no need of fitness certificate from SE (Mechanical) for first 6
years.
1.3 After 6th year, the machinery shall be checked and certified for its fitness by
SE Mechanical/ACE (Mechanical) every 3rd year till the 15th year.
1.4 After the 15th year, the contractor will get machinery certified every year
from SE/ACE (Mechanical and produce the certificate of fitness. The
certificate will be required for machinery where it is necessary and not issued
by RTO.
Sr. Name Name and Place Agree- Date of Tendered Total Date of Principle
No of Address of the and ment commen- cost (Rs. cost Comple- Features
work organisation Country No. cement in lakhs) work tion in brief.
for whom the done (Rs.
work was done in lakhs)
1 2 3 4 5 6 7 8 9 10
Note : This is only a standard form Details are to be furnished in this format in the
form of typewritten statements which shall be enclosed in envelop No. 1.
FORM NO. - IV
Ref : Page No. 11 Clause 1.3.10
Sr. Name Designation Qualifi- Whether Experience Period for which Remarks
No of cations working in of execution the person is
Person field or office of similar working with the
work tenderer
(1) (2) (3) (4) (5) (6) (7) (8)
FORM NO. V
Ref : Page No. 11 Clause 1.3.7
Statement showing work done in all classes of Civil Engineering Construction works
during last five years
Name of Contractor :-
Sr. Name Amount Agree- Date of Amount of work done during each of Amount of
No of put to ment No. Commen- last Five years. work still
Work tender / cement. 2018- 2019- 2020- 2021- 2022- remaining to be
tendered 19 20 21 22 23 executed.
cost.
1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11.
Grand Total
(Executive Engineer)
Affidavit
(on Rs.100/- Stamp Paper)
authorized signatory and I am submitting the documents in envelope no.1 for the purpose of
scrutiny of the contract. I hereby agree to the conditions mentioned below :-
1. I am liable for action under Indian Penal Code for submission of any false / fraudulent
paper / information submitted in envelope No.1.
2. I am liable for action under Indian Penal Code if during contract period and defect
liability period, any false information, false bill of purchases supporting proof of
purchase, proof of testing submitted by my staff, subletting company or by myself, I
will be liable for action under Indian Penal Code.
3. I am liable for action under Indian Penal Code if any paper are found false /
fraudulent during contract period and even after the completion of contract
(finalisation of final bill ).
(Signature of contractor)
(seal of company)
3. INTEGRITY PACT
INTEGRITY PACT
Between
hereinafter referred to as
_________________________________________________________________________
_________________________________________________________________________
and
hereinafter referredtoas
"The Bidder/Contractor"
Preamble
PUBLIC WORKS DEPARTMENTintendstoaward,underlaid-down organizational procedures,
contract(s) for,
[Insert thename of the package]
(Signature) (Signature)
(For &On behalf of PUBLIC (For &On behalf of Bidder/
WORKS DEPARTMENT) Partner(s) of Joint Venture/ Contractor)
PUBLIC WORKS DEPARTMENT values full compliance with all relevant laws and regulations, and
the principles of economical use of resources, and of fairness and transparency in its relations with its
Bidders/ Contractors.
In order to achieve these goals, PUBLIC WORKS DEPARTMENT and the above named Bidder/
Contractor enter into this agreement called 'Integrity Pact' which will form a part of the bid.
It is hereby agreed by and between the parties as under :
Section I- Commitments of PUBLIC WORKS DEPARTMENT
(1) PUBLIC WORKS DEPARTMENT commits itself to take all measures necessary to prevent
corruption and to observe the following principles:
a) No employee of PUBLIC WORKS DEPARTMENT, personally or through family
members, will in connection with the tender, or the execution of the contract, demand,
take a promise for or accept, for him/herself or third person, any material or other
benefit which he/she is not legally entitled to.
b) PUBLIC WORKS DEPARTMENT will during the tender process treat all Bidder(s)
with equity and fairness. PUBLIC WORKS DEPARTMENT will in particular, before
and during the tender process, provide to all Bidder(s) the same information and will
not provide to any Bidder(s) confidential/ additional information through which the
Bidder(s) could obtain an advantage in relation to the tender process or the contract
execution.
c) PUBLIC WORKS DEPARTMENT will exclude from evaluation of Bids its such
employee(s) who has any personnel interest in the Companies/Agencies participating
in the Bidding/Tendering process.
(2) If Principle Secretary PWD, Maharashtra Government obtains information on the conduct of
any employee of PUBLIC WORKS DEPARTMENT which is a criminal offence under the
relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard,
he will inform its Chief Vigilance Officer and in addition can initiate disciplinary actions
under its Rules.
Section II- Commitments of the Bidder/Contractor
(1) The Bidder/Contractor commits himself to take all measures necessary to prevent corruption.
He commits himself to observe the following principles during his participation in the tender
process and during the contract execution:
a) The Bidder/Contractor will not, directly or through any other person or firm, offer,
promise or give to PUBLIC WORKS DEPARTMENT, or to any of PUBLIC
WORKS DEPARTMENT's employees involved in the tender process or the
execution of the contract or to any third person any material or other benefit which
he/she is not legally entitled to, in order to obtain in exchange an advantage during the
tender process or the execution of the contract.
b) The Bidder/Contractor will not enter into any illegal agreement or understanding,
whether formal or informal with other Bidders/Contractors. This applies in particular
to prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or actions to restrict competitiveness or to introduce cartelization
in the bidding process.
c) The Bidder/Contractor will not commit any criminal offence under the relevant Anti-
corruption Laws of India; further, the Bidder/Contractor will not use for illegitimate
purposes or for purposes of restrictive competition or personal gain, or pass on to
others, any information provided by PUBLIC WORKS DEPARTMENT as part of the
business relationship, regarding plans, technical proposals and business details,
including information contained or transmitted electronically.
d) The Bidder/Contractor of foreign origin shall disclose the name and address of the
Agents/ representatives in India, if any, involved directly or indirectly in the Bidding.
Similarly, the Bidder/Contractor of Indian Nationality shall furnish the name and
address of the foreign principals, if any, involved directly or indirectly in the Bidding.
e) The Bidder/Contractor will, when presenting his bid, disclose any and all payments he
has made, or committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract and/ or with the execution
of the contract.
f) The Bidder/ Contractor will not misrepresent facts or furnish false/forged documents /
information's in order to influence the bidding process or the execution of the contract
to the detriment of PUBLIC WORKS DEPARTMENT.
(2) The Bidder/Contractor will not instigate third persons to commit offences outlined above or be
an accessory to such offences.
Section III- Disqualification from tender process and exclusion from future contracts
(1) If the Bidder, before contract award, has committed a serious transgression through a violation
of Section II or in any other form such as to put his reliability or credibility as Bidder into
question, PUBLIC WORKS DEPARTMENT may disqualify the Bidder from the tender
process or terminate the contract, if already signed, for such reason.
(2) If the Bidder/Contractor has committed a serious transgression through a violation of Section
II such as to put his reliability or credibility into question, PUBLIC WORKS DEPARTMENT
may after following due procedures also exclude the Bidder/Contractor from future contract
award processes. The imposition and duration of the exclusion will be determined by the
severity of the transgression. The severity will be determined by the circumstances of the case,
in particular the number of transgressions, the position of the transgressors within the
company hierarchy of the Bidder / Contractor and the amount of the damage. The exclusion
will be imposed for a minimum of 12 months and maximum of 3 years.
(3) If the Bidder/Contractor can prove that he has restored/recouped the damage caused by him
and has installed a suitable corruption prevention system, PUBLIC WORKS DEPARTMENT
may revoke the exclusion prematurely.
(1) If PUBLIC WORKS DEPARTMENT has disqualified the Bidder from the tender process
prior to the award under Section III, PUBLIC WORKS DEPARTMENT may forfeit the Bid
Guarantee under the Bid.
(2) If PUBLIC WORKS DEPARTMENT has terminated the contract under Section III, PUBLIC
WORKS DEPARTMENT may forfeit the Contract Performance Guarantee of this contract
besides resorting to other remedies under the contract.
(1) The Bidder shall declare in his Bid that no previous transgressions occurred in the last 3 years
with any other Public Sector Undertaking or Government Department that could justify his
exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or the contract, if already awarded, can be terminated for such reason.
(1) PUBLIC WORKS DEPARTMENT will enter into agreements with identical conditions as this
one with all Bidders.
(2) PUBLIC WORKS DEPARTMENT will disqualify from the tender process any bidder who
does not sign this Pact or violate its provisions.
(1) PUBLIC WORKS DEPARTMENT has appointed a panel of Independent External Monitors
(IEMs) for this Pact with the approval of Central Vigilance Commission (CVC), Government
of India, out of which one of the IEMs has been indicated in the NIT/IFB
(2) The IEM is to review independently and objectively, whether and to what extent the parties
comply with the obligations under this agreement. He has right of access to all project
documentation. The IEM may examine any complaint received by him and submit a report to
Principle Secretary PWD, Maharashtra Government, PUBLIC WORKS DEPARTMENT, at
the earliest. He may also submit a report directly to the CVO and the CVC, in case of
suspicion of serious irregularities attracting the provisions of the PC Act. However, for
ensuring the desired transparency and objectivity in dealing with the complaints arising out of
any tendering process, the matter shall be referred to the full panel of IEMs, who would
examine the records, conduct the investigations and submit report to Principle Secretary PWD,
Maharashtra Government, PUBLIC WORKS DEPARTMENT, giving Joint findings.
(3) The IEM is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. He reports to the Principle Secretary PWD,
Maharashtra Government, PUBLIC WORKS DEPARTMENT.
(4) The Bidder(s)/Contractor(s) accepts that the IEM has the right to access without restriction to
all documentation of PUBLIC WORKS DEPARTMENT related to this contract including that
provided by the Contractor / Bidder. The Bidder / Contractor will also grant the IEM, upon his
request and demonstration of a valid interest, unrestricted and unconditional access to his
documentation. The same is applicable to Subcontractors. The IEM is under contractual
obligation to treat the information and documents of the Bidder(s)/ Contractor(s)/
Subcontractor(s) with confidentiality.
(5) PUBLIC WORKS DEPARTMENT will provide to the IEM information as sought by him
which could have an impact on the contractual relations between PUBLIC WORKS
DEPARTMENT and the Bidder/Contractor related to this contract.
(6) As soon as the IEM notices, or believes to notice, a violation of this agreement, he will so
inform the Principle Secretary PWD, Maharashtra Government, PUBLIC WORKS
DEPARTMENT and request the Principle Secretary PWD, Maharashtra Government,
PUBLIC WORKS DEPARTMENT to discontinue or take corrective action, or to take other
relevant action. The IEM can in this regard submit non-binding recommendations. Beyond
this, the IEM has no right to demand from the parties that they act in a specific manner, refrain
from action or tolerate action. However, the IEM shall give an opportunity to PUBLIC
WORKS DEPARTMENT and the Bidder/Contractor, as deemed fit, to present its case before
making its recommendations to PUBLIC WORKS DEPARTMENT.
(7) The IEM will submit a written report to the Principle Secretary PWD, Maharashtra
Government, PUBLIC WORKS DEPARTMENT within 8 to 10 weeks from the date of
reference or intimation to him by PUBLIC WORKS DEPARTMENT and, should the occasion
arise, submit proposals for correcting problematic situations.
(8) If the IEM has reported to the Principle Secretary PWD, Maharashtra Government, PUBLIC
WORKS DEPARTMENT, a substantiated suspicion of an offence under relevant Anti-
Corruption Laws of India, and the Principle Secretary PWD, Maharashtra Government,
PUBLIC WORKS DEPARTMENT has not, within the reasonable time taken visible action to
proceed against such offence or reported it to the CVO, the Monitor may also transmit this
Information directly to the CVC, Government of India.
(9) The word 'IEM' would include both singular and plural.
(*) The section shall be applicable for only those packages wherein the IEMs have been identified in
Section - I : Invitation for Bids and / or Clause ITB 9.3 in Section - III: Bid Data Sheets of
Conditions of Contract, Volume-I of the Bidding Documents.
This Pact begins when both parties have legally signed it. It expires for the Contractor after the closure
of the contract and for all other Bidder's six month after the contract has been awarded.
# CVO shall be applicable for packages wherein IEM are not identified in Section IFB / BDS of
Condition of Contract, Volume - I. IEM shall be applicable for packages wherein IEM are
identified in Section IFB/BDS of Condition of Contract, Volume - I.
(6) Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the partied will strive to come to an agreement to their
original intentions.
(Signature) (Signature)
(For &On behalf of PUBLIC (For &On behalf of Bidder/
WORKS DEPARTMENT) Partner(s) of Joint Venture/ Contractor)
Name : Name :
Designation : Designation :
Witness 1 : Witness 1 :
_____________________________ _____________________________
_____________________________ _____________________________
Witness 2 : Witness 2 :
_____________________________ _____________________________
_____________________________ _____________________________
2. Availability of Material :
All materials required for this work is available within reasonable leads.
However the contractor should verify the availability of materials before
submitting his offer and no claim in this regard shall be entertained by
the department.
This form will state the work to be carried out as well as the date for submitting
and opening tenders, and the time allowed for carrying out the work, also the
amount of earnest money to be deposited with the tender and the amount of
security deposit to be deposited by the successful tenderer, and the percentage,
if any, to be deducted from bills. Copies of the specifications, designs and
drawings, estimated rates, scheduled rates and any other documents required in
connection with the work shall be signed by the Executive Engineer for the
purpose of identification and shall also be open for inspection by contractors at
the office of the Executive Engineer during office hours.
2. In the event of the tender being submitted by a firm, it must be signed by each
partner thereof, and in the event of the absence of any partner, it shall be signed
on his behalf by a person holding a power of attorney authorising him to do so.
2(A) (i) The Contractor shall pay alongwith the tender the sum of
Rs. 15,200/-(Rupees Fifteen Thousand Two Hundred Only)as and by
way of earnest money. Earnest Money shall be paid via Net Banking. The
said amount of earnest money shall not carry any interest whatsoever.
(ii) In the event of his tender being accepted, subject to the provision of
sub clause (iii) below, the said amount of earnest money shall be
appropriated towards the amount of security deposit payable by him
under conditions of General Conditions of Contract.
(iii) If, after submitting the tender, the contractor withdraws his offer, or
modifies the same or if after the acceptance of his tender the
contractor fails or neglects to furnish the balance of security deposit
without prejudice to any other rights and powers of the Government,
hereunder, or in law, Government shall be entitled to forfeit the full
amount of the earnest money deposited by him.
In the event of his tender not being accepted, the amount of earnest
money deposited by the contractor shall, unless it is prior there
toforfeited under the provisions of sub-clause (iii) above, be refunded
to him on his passing receipt therefore.
3. Receipts for payments made on account of any work, when executed by a firm,
should also be signed by all the partners except where the contractors are
described in their tender as a firm, in which case the receipt shall be signed in
the name of the firm by one of the partners, or by some other person having
authority to give effectual receipts for the firm.
4. Any person who submits a tender shall fill up the usual printed form stating at
what percentage above or below the rates specified in schedule 'B'
(memorandum showing items of work to be carried out) he is willing to
undertake the work. Only one rate or such percentage on all the Estimated
rates/Schedule rates shall be named. Tenders which propose any alteration in
the works specified in the said form of invitation to tender, or in the time
allowed for carrying out the work, or which contain any other conditions, of
any sort will be liable to rejection.
5. The Executive Engineer or his duly authorised Assistant shall open tenders in
the presence of contractors who have submitted tenders or their representatives
who may be present at the time, and he will enter the amounts of several
tenders in a comparative statement in a suitable form. In the event of a tender
being accepted, the contractor shall for the purpose of identification sign copies
of the specifications and other documents mentioned in rule 1. In the event of
tender being rejected, the competent officer shall authorise the Scheduled
Bank concerned to refund the amount of the earnest money deposited to the
contractor making the tender, on his giving a receipt for the return of the
money.
6. The officer competent to dispose of the tenders shall have the right of
rejecting all or any of the tenders.
9. All work shall be measured net by standard measure and according to the rules
and customs of the Department and without reference to any local custom.
11. Every registered contractor should produce alongwith his tender valid
certificate of registration as approved contractor in appropriate class.
13. The measurements of work will be taken according to the usual method in use
in the Department and no proposal to adopt alternative methods will be
accepted. The Executive Engineer's decision as to what is the usual method in
use in the Department will be final.
14. The tendering contractor shall furnish a declaration along with the tender
showing all works for which he has already entered into contract, and the value
of work that remains to be executed in each case on the date of submitting the
tender.
15. In view of the difficult position regarding the availability of foreign exchange
no foreign exchange would be released by the Department for the purchase of
plant and machinery required for the execution of the work contracted for
(GCB/PWD/CFM/1058-62517 dt. 26.9.59)
16. The contractor will have to construct shed for storing controlled and valuable
materials at work site, having double locking arrangement. The materials will
be taken for use in the presence of the Departmental person. No materials will
be allowed to be removed from the site of works.
18. The contractor shall comply with the provision of the Apprentices Act 1961
and the rules and orders issued there under from time to time if he fails to do so
his failure will be breach of contract and Executive Engineer may in his
discretion cancel the contract. The contractor shall also will be liable for any
pecuniary liability arising on account of any variation by him of the provisions
of the Act.
MEMORANDUM
This deposit shall be in (i) Cash (not less than Rs. 15,500/-
accordance with paras the amount of
213 and 214 of the earnest-money)
P.W.D. Manual
(ii) To be deducted from Rs. 15,500/-
current bills
Give schedule where (f) Time allowed for the work 4 (Four) Months
necessary by which the from the date of written (including monsoon)
various items are to be order to commence
completed.
2. I/We agree that the offer shall remain open for acceptance for a minimum
period of 60days from the date fixed for opening the same and thereafter until
it is withdrawn by me/us by notice in writing duly addressed to the authority
opening the tenders and sent by registered post AD or otherwise delivered at
the office of such authority. The sum of Rs. 15,200/-(Rupees Fifteen
Thousand Two Hundred Only)representing the earnest money is submitted
online. The amount of earnest money shall not bear interest and shall be liable
to be forfeited to the Government should I/We fail to (i) abide by the
stipulation to keep the offer open for the period mentioned above or (ii) sign
and complete the contract documents as required by the Engineer and furnish
the security deposit as specified item (d) of the memorandum contained in
paragraph (i) above within the time limit laid down in clause (i) of the annexed
General Conditions of Contract. The amount of earnest money may be
adjusted to me/us if so desired by me/us in writing, unless the same or any part
thereof has been forfeited as aforesaid.
3. Should this tender be accepted I/We hereby agree to abide by and fulfill all the
terms and provisions of the conditions of contract annexed hereto so far as
applicable and in default there of to forfeit and pay to Government the sums of
money mentioned in the said conditions.
Address :
Address :
(Occupation)
CONDITIONS OF CONTRACT
Compensation for Clause 2 : The time allowed for carrying out the work as entered
delay in the tender shall be strictly observed by the contractor and shall
be reckoned from the date on which the order to commence work
is given to the contractor. The work shall through out the
stipulated period of the contract be proceeded with , with all due
diligence (time being deemed to be the essence of the contract on
the part of the contractor) and the contractor shall pay as
compensation an amount equal to one percent or such smaller
amount as the Superintending Engineer (whose decision in
writing shall be final) may decide, of the amount of the estimated
cost of the whole work as shown by the tenderer for every day
that the work remains uncommenced, or unfinished after the
proper dates. And further to ensure good progress during
execution of the work, the contractor shall be bound, in all cases
in which the time allowed for any work exceeds one month to
complete.
Contractor No. of Corrections Executive Engineer
(45)
50% Of the work in 1/2th of the time chart on Page No. 167
Clause 3 : In any case in which under any clause of this contract Action when
the contractor shall have rendered himself liable to pay whole of
compensation amounting to the whole of this security deposit security deposit
whether paid in one sum or deducted by installments or in the case is forfeited
of abandonment of the work owing to serious illness or death of the
contractor or any other cause the Engineer, on behalf of the
Governor of Maharashtra, shall have power to adopt any of the
following courses, as he may deem best suited to the interest of
Government :-
In case the contract shall be rescinded under clause (a) above the
contractor shall not be entitled to recover or be paid. any sum for
any work therefore actually performed by him under this contract
unless and until the Executive Engineer shall have certified in
writing the performance of the such work and the amount payable to
him in respect thereof and he shall only be entitled to be paid the
amount so certified. In the event of either of the courses referred to
in clause (b) or (c) being adopted and the cost of the work executed
departmentally or through a new contractor and other allied
expenses exceeding the value of such work credited to the
contractors the amount of excess shall be deducted from any money
due to the contractor, by Government under the contract or
otherwise howsoever or from his security deposit or the sale
proceeds thereof provided, however the contractor shall have no
claim against Government even if the certified value of the work
done departmentally or through a new contractor exceeds the
certified cost of such work and allied expenses, provided always that
whichever of the three courses mentioned in clauses (a), (b) or (c) is
adopted by the Executive Engineer, the contractor shall have no
claim to compensation for any loss sustained by him by reason of his
having purchased or procured any materials, or entered into any
engagements or made any advance on account of or with a view to
the execution of the work or the performance of the contract.
Clause 4 : If the progress of any particular portion of the work is Action when
unsatisfactory the Executive Engineer shall notwithstanding that the the progress
general progress of the work is in accordance with the conditions of any
mentioned in clause 2, be entitled to take action under clause 3(b) particular
after giving the contractor 10 day’s notice in writing. The contractor portion of the
will have no claim for compensation, for any loss sustained by him work is
owing to such action. unsatisfactory
Contractor Clause 5 : In any case in which any of the powers conferred upon
remains liable to the Executive Engineer by clauses 3 and 4 hereof shall have
pay compensation become exercisable and the same shall not have been exercised
if action not taken the non-exercise thereof shall not constitute a waving of any of
under clause 3 the conditions hereof and such powers shall not withstanding be
and 4 exercisable in the event of any future case of default by the
contractor for which under any clause hereof he is declared
Power to take
liable to pay compensation amounting to the whole of his
possession of or
security deposit and the liability of the contractor for past and
require removal of
future compensation shall remain unaffected. In the event of the
or sell
Executive Engineer taking action under sub-clause (a) or (c) of
contractor’s plant
clause 3, he may, if he so desires, take possession of all or any
tools and plant materials and stores in or upon the work of the site
thereof or belonging to the contractor, or procured by him and
intended to be used for the execution of the work or any part
thereof, paying or allowing for the same in account at the
contract rates, or in the case of contract rates not being applicable
at current market rates to be certified by the Executive Engineer
may, after giving notice in writing to the contractor or his clerk of
the work, foreman or other authorised agent require him to
remove such tools and plant, materials , or stores from the
premises within a time to be specified in such notice, and in the
event of the contractor failing to comply with any such
requisition, the Executive Engineer may remove them at the
contractor’s expense of sell them by auction or private sale on
account of the contractor and at his risk in all respects and the
certificate of the Executive Engineer as to the expense of any such
removal and the amount of the proceeds and expense of any such
sale be final and conclusive against the contractor.
Clause 6 : If the contractor shall desire an extension of the time for Extension of
completion of work on the ground of his having been unavoidably time
hindered in its execution or on any other ground he shall apply in
writing to the Executive Engineer before the expiration of the
period stipulated in the tender or before the expiration of 30 days
from the date on which he was hindered as aforesaid or on which
the cause for asking for extension occurred, whichever is earlier
and the Executive Engineer, or in the opinion of Superintending
Engineer or Chief Engineer as the case may be if in his opinion
there were reasonable grounds for granting an extension, grant such
extension as he thinks necessary or proper. The decision of the
Executive Engineer in this matter shall be final.
Payment on Clause 8 :No payment shall be made for any work estimated to
intermediate cost less than rupees one thousand till after the whole of work
certificate to shall have been completed and a certificate of completion given.
be regarded But in the case of works estimated to cost more than rupees one
as advances thousand the contractor shall on submitting a monthly bill
therefore be entitled to receive payment proportionate to the part
of the work than approved and passed by the Engineer-in-charge
, whose certificate of such approval and passing of the sum so
payable shall be final and conclusive against the contractor. All
such intermediate payments shall be regarded as payments by
way of advance against the final payments only and not as
payments for work actually done and completed and shall not
preclude the Engineer-in-charge from requiring any bad,
unsound imperfect or unskillful work to be removed or taken
away and reconstructed or re-erected nor shall any such payment
be considered as an admission of the due performance of the
contract or any part thereof in any respect or the occurring of
any claim nor shall it conclude, determine or effect in any other
way the powers of the Engineer-in-charge as to the final
settlement and adjustment of the accounts or otherwise, or in any
other way vary or effect the contract. The final bill shall be
submitted by the contractor within one month of the date fixed
for the completion of the work, otherwise the Engineer-in-
charge’s certificate of the measurements and of the total amount
payable for the work shall be final and binding on all parties.
Payment at Clause 9 :The rates for several items of work estimated to cost
reduced rates on more than Rs. 1000 agreed to within , shall be valid only when
account of items the item concerned is accepted as having been completed fully in
of work not accordance with the sanctioned specifications. In cases where the
accepted as items of work are not accepted as so completed by the Engineer-
completed, to be in-charge may make payment on account of such items at such
at the discretion reduced rates as he may consider reasonable in the preparation of
of the Engineer- the final or on account bills.
in-charge
Clause 11 :The contractor shall submit all bills on the printed forms to Bills to be on
be had on application at the office of the Engineer-in-charge. The printed form
charges to be made in the bills shall always be entered at the rates
specified in the tender or in the case of any extra work ordered in
pursuance of these conditions, and not mentioned or provided for in the
tender at the rates hereinafter provided for such work.
Clause 12 :If the specification or estimate of the work provides for the Stores supplied
use of any special description of material to be supplied from the store by Government
of the Dept. store or if it is required that the contractor shall use certain
stores to be provided by the Engineer-in-charge. (such material and
stores and the prices to be charged therefor as hereinafter mentioned
being so far as practicable for the convenience of the contractor but not
so as in any way to control the meaning or effect of this contract
specified in the schedule or memorandum hereto annexed) the
contractor shall be supplied with such materials and stores as may be
required from time to time to be used by him for the purpose of the
contract only, and the value of the full quantity of the materials and
stores so supplied shall be set off or deducted from any sums then due,
Works to be Clause 13 :The contractor shall execute the whole and every part of
executed in the work in the most substantial and workmanlike manner, and both as
accordance with regards materials and every other respect in strict accordance with
specifications, specifications. The contractor shall also conform exactly , fully and
drawings, orders, faithfully to the designs, drawings and instructions in writing relating
etc. to the work signed by the Engineer-in-charge and lodged in his office
and to which the contractor shall be entitled to have excess for the
purpose of inspection at such office, or on the site of work during
office hours. The contractor shall be entitled to received three sets of
contract drawings and working drawings as well as one certified copy
of the accepted tender alongwith the work order free of cost. Further
copies of contract drawings and working drawing if required by him,
shall be supplied at the rate of Rs. 100/- per set of contract drawings
and Rs.300/- per working drawing except where otherwise specified.
The time limit for the completion of the work shall be extended
in the proportion that increase in its cost occasioned by
alterations or additions bears to the cost of the original contract
work, and the certificate of the Engineer- in - charge as to such
proportion shall be conclusive.
Clause 15 :
No claim to any (1) If at any time after the execution of the contract
payment or documents the Engineer shall for any reason what-so-
compensation ever (other than default on the part of the contractor for
for alteration in which the Government is entitled to rescind the contract)
or restriction of desires that the whole or any part of the work specified in
work. the tender should be suspended for any period or that the
whole or part of the work should not be carried out, at
all he shall give to the contractor a notice in writing of
such desire and upon the receipt of such notice the
contractor shall forthwith suspend or stop the work
wholly or in part as required, after having due regard to
the appropriate stage at which the work should be
stopped or suspend so as not to cause any damage or
injury to the work already done or endanger the safety
thereof provided that the decision of the Engineer as to
the stage at which the work or any part of it could be or
could have been safely stopped or suspended shall be
final and conclusive against the contractor. The
contractor shall have no claim to any payment or
compensation what- so ever by reason of or in pursuance
of any notice as aforesaid, on account of any suspension,
stoppage or curtailment except to the extent specified
hereinafter.
OR
Action and Clause 17 : If at any time before the security deposit or any part
compensatio thereof is refunded to the contractor it shall appear to the
n payable in Engineer-in-charge or his subordinate in charge of the work ,
case of bad that any work has been executed with unsound, imperfect or
work unskillful workmanship or with materials of inferior quality , or
that any materials or articles provided by him for the execution
of the work are unsound, or of a quality inferior to that
PWD Resolution
contracted for , or are otherwise not in accordance with the
No. CAT-1087/CR-
contract, it shall be lawful for the Engineer in-charge to
94/ Bldg.2 dt.
intimate this fact in writing to the contractor and then
14.6.89.
notwithstanding the fact that the work, materials or articles
complained of may have been inadvertently passed, certified
and paid for, the contractor shall be bound forthwith to rectify,
or remove and reconstruct the work so specified in whole or in
part, as the case may require or if so required, shall remove the
materials or articles so specified and provided other proper and
suitable materials or articles at his own charge and cost and in
the event of his failing to do so within a period to be specified
by the Engineer-in-charge in the written intimation aforesaid,
the contractor shall be liable to pay compensation at the rate of
one percent on the amount of the estimate for every day not
exceeding 10 days, during which the failure so continues and in
the case of any such failure the Engineer-in-charge may rectify
or remove and re-execute the work or remove , and replace the
materials or articles complained of as the case may be at the
risk and expense in all respects of the contractor. Should the
Engineer-in-charge consider that any such inferior work or
materials as described above may be accepted or made use of it
shall be within his discretion to accept the same at such reduced
rated as he may fix therefor.
Clause 19 : The contractor shall give not less than five day’s Notice to be given
notice in writing to the Engineer-in-charge or his subordinate before work is
in charge of the work before covering up or otherwise placing covered up
beyond the reach of measurement any work in order that the
same may be measured and correct dimensions there of taken
before the same is so covered up or place beyond the reach of
measurements and shall not cover up or place beyond the
reach of measurement any work without the consent in
writing of the Engineer-in-charge or his subordinate in charge
of the work, and if any work shall be covered up or placed
beyond the reach of measurement, without such notice
having been given or consent obtained the same shall be
uncovered at the contractor’s expenses, and in default thereof
no payment or allowance shall be made for such work or for
the materials with which the same was executed.
Clause 21 : The Contractor shall supply at his own cost all Contractor to supply
material (except such special materials if any as may in plant, ladder,
accordance with the contract, be supplied from the stores), scaffolding etc.
plant, tools, appliances, implements, ladders, cordage, tackle
scaffolding and temporary works requisite or proper for the
proper execution of the work, whether, in the original altered
or substituted from, and whether included in the specification
or other documents forming part of the contract or referred to
in these conditions or not and which may be necessary for the
purpose of satisfying or complying with the requirements of
the Engineer-in-charge as to any matter as to which under
these conditions he is entitled to be satisfied, or which he is And is liable for
entitled to require together with the carriage therefore to and damages arising
from the work. The Contractor shall also supply without from non provisions
charge the requisite number of persons with the means and of lights, fencing
materials necessary for the purpose of setting out works and etc.
counting, weighing and assisting in the measurements of
examination at any time and from time to time of the work or
the materials, failing which the same may be provided by the
Engineer-in-charge at the expense of the contractor and the
expenses may be deducted from any money due to the
contractor under the contract or from his security deposits or
the proceeds of sale thereof, or of a sufficient portion thereof.
The contractor shall provide all necessary fencing and lights
required to protect the public from accident and shall also be
bound to bear the expenses of defense of every suit, action or
other legal proceedings, that may be brought by any person
for injury sustained owing to neglect of the above
precautions, and to pay any damages and cost which may be
awarded in any such suit action or proceedings to any such
person or which may with consent of the contractor be paid
for compromising any claim by any such person.
and
(d) Every chain, ring, hook, shackle swivel and pulley block
used in hoisting or lowering materials or as a means of
suspension shall be periodically examined.
Clause 22 : The contractor shall not set fire to any standing jungle, Measure for
trees, brushwood or grass without a written permit from the prevention of
Executive Engineer. fire
When such permit is given, and also in all cases when destroying
cut or dug up trees brushwood, grass etc. by fire, the contractor
shall take necessary measure to prevent such fire spreading to or
otherwise damaging surrounding property.
The Contractor shall make his own arrangements for drinking
water for the labour employed by him and provide sanitary and
other arrangements.
Clause 25 :No work shall be done on Sunday without the sanction Work on
in writing of the Engineer-in-charge. Sunday
Clause 26 : The contract shall not be assigned or sublet without Work not to be
the written approval of the Engineer-in-charge. And if the sublet
contractor shall assign or sublet his contract, or attempt so to do, or
become insolvent or commence any proceeding to get himself
adjudicated and insolvent or make any composition with his
creditors, or attempt so to do or if bribe, gratuity, gift, loan,
perquisite, reward or advantage, pecuniary or otherwise, shall
either directly or indirectly be given, promised or offered by the
Contract may contractor or any of his servants or agents to any public officer
be rescinded or person in the employ of Government in any way relating to
and security his office or employment, or if any such officer or person shall
deposit forfeited
become in any way directly or indirectly interested in the
for subletting it
contract, the Engineer-in-charge may thereupon by notice in
without
approval or for writing rescind the contract, and the security deposit of the
bribing a public contractor shall thereupon stand forfeited and be absolutely at
officer or if the disposal of Government and the same consequences shall
contractor ensure as if the contract had been rescinded under Clause 3
becomes hereof and in addition the contractor shall not be entitled to
insolvent recover or be paid for any work therefore actually performed
under the contract.
Change in the Clause 28 :In the case of tender by partners, any change in the
constitution of a constitution of a firm shall be forthwith notified by the
firm to be contractor to the Engineer-in-charge for his information.
notified.
Direction and Clause 29 :All works to be executed under the contract shall be
control of the executed under the direction and subject to the approval in all
Superintending respects of the Superintending Engineer of the Circle, for the
Engineer.
time being, who shall be entitled to direct at what point or
points and in what manner they are to be commenced, and from
time to time carried on.
Clause 30 :
(1) Except otherwise specified in the contract and subject Direction and
to the powers delegated to him by Government under control of the
the Code, rules then in force, the decision of the Superintending
Superintending Engineer of the circle for the time Engineer.
being shall be final, conclusive, and binding on all
parties to the contract upon all questions relating to the
meaning of the specifications, designs, drawings and
instructions hereinbefore mentioned and as to the
quality or workmanship or materials used on the work,
or as to any other question, claim, right matter, or thing
whatsoever, if any way arising out of, or relating to the
contract, designs, drawings, specifications, estimates,
instructions, orders, or these conditions, or otherwise
concerning the works, or the execution, or failure to
execute the same, whether arising during the progress
of the work, or after the completion or abandonment
thereof.
Clause 33 :In the case of any class of work for which there is no Action where no
such specification as is mentioned in rule 1 such work shall be specifications
carried out in accordance with the specifications, and in the event
of there being no specification, then in such case the work shall
be carried out in all respects in accordance with all instructions
and requirements of the Engineer-in-charge.
Refund of quarry
Clause 36 :. All quarry fees, royalties, octroi dues and ground fees and royalties.
rent for stacking materials, if any, shall be paid by the contractor. (Govt. P.W.D.
resolution
No.Misc.02/05/
(291)/ Bldg.2
dt. 11.9.2003)
Compensation Clause 37 :The contractor shall be responsible for and shall pay any
under Workmen's compensation to his workmen payable under the Workman's Compensation
Compensation Act Act 1923 (VIII of 1923) (hereinafter called the said Act) for injuries
caused to the workmen. If such compensation is payable paid by the
Government as principal under Sub-section (1) of section 12 of the said Act
on behalf of the contractor, it shall be recoverable by Government from the
contractor under sub-section (2) of the said section. Such compensation
shall be recovered in the manner laid down in Clause 1 above.
Clause 37 (A) :The contractor shall be responsible for and shall pay the
expenses of providing medical aid to any workmen who may suffer a bodily
injury as a result of an accident. If such expenses are incurred by
Government the same shall be recoverable from the contractor forthwith
and be deducted without prejudice to any other remedy of Government
from any amount due or that may become due to the contractor.
Clause 37 (B) : The Contractor shall provide all necessary personal safety
equipment and first aid apparatus available for the use of persons employed
on the site and shall maintain the same in condition suitable for immediate
use at any time and shall comply with the following regulations in
connection therewith.
Clause 37 (C) : The contractor shall duly comply with the provisions of
'The Apprentices Act, 1961' (III of 1961 of 1961) the rules made there
under and the orders that may be issued from time to time under the Act,
the said rules and on his failure or neglect to do so, he shall be subject to
all the liabilities and penalties provided by the said Act and said Rules.
Clause 38 :
(1) Quantities shown in the tender are approximate and no claim shall be Claim for
entertained for quantities of work executed being either more or less quantities entered
than those entered in the tender or estimate. in the tender or
estimates
(2) Quantities in respect of the several items shown in the tendered rate
shall be permitted in respect of any of the items so long as, subject to
any special provision contained in the specifications prescribing a
different percentage of permissible variation the quantity of the item
does not exceed the tender quantity by more than 25 percent and so
long as the value of the excess quantity beyond this limit at the rate of
the item specified in the tender is not more than Rs. 5,000/-
(3) The contractor shall if ordered in writing by the Engineer so to do, also
carry out any quantities in excess of the limit mentioned in sub clause
(1) hereof on the same conditions as and in accordance with the
specifications in the tender and at the rate (i) derived from the rates
entered in the current schedule of rates and in the absence of such
rates, (ii) at rate prevailing in the market, the said rates being increased
or decreased as the case may be by the percentage which the total
tendered amount bears to the estimated cost of the work as put to
tender based upon the schedule of rates applicable to the year in which
the tenders were invited. (For the purpose of operation of this
clause, the cost shall be worked out based on S.S.R. of
MaharashtraPublic Works Department prevailing at the time of
acceptance of tender.)
(4) Claims arising out of reduction in the tendered quantity of any item
beyond 25 percent will be governed by the provision of clause 15 only
when the amount of such reduction beyond 25 percent at the rate of the
item specified in the tender is more than Rs. 5,000/-. (This clause is
not applicable for extra item)
Clause 39 : The contractor shall employ any famine, convict or other labour Employment of
of a particular kind or class if ordered in writing to do so by the Engineer-in- famine labour etc.
charge.
Clause 40 : No compensation shall be allowed for any delay caused in the Claim for
starting of the work on account of acquisition of land or in the case of compensation for
clearance works, on account of any delay in according to sanction of starting of work.
estimates.
Clause 41 :No Compensation shall be allowed for any delay Claim for
in the execution of the work on account of water, standing in compensation
borrow pits or compartments. The rates are inclusive for hard for delay in
or cracked soil excavation in mud sub-soil, water standing in execution of
borrow pits and no claim for an extra rate shall be entertained work.
unless otherwise expressly specified.
Clause 42 :The contractor shall not enter upon or commence Entering upon or
any portion of work except with the written authority and commencing any
instructions of Engineer-in-charge or his subordinates portion of work.
incharge of the work. Failing such authority the contractor
shall have no claim to ask for measurements of or payment
for work.
Clause 43 :
(i) No contractor shall employ any person who is under Minimum age of
the age of 18 years. person employed,
the employment of
(v) The Contractor shall pay fair and reasonable wages to the
workmen employed by him, in the contract undertaken by
him in the event of any dispute arising between the
contractor and his workmen on the ground that the wages
paid are not fair and reasonable, the dispute shall be
referred without delay to the Executive Engineer who
shall decide the same. The decision of the Executive
Engineer shall be conclusive and binding on the
contractor but such decision shall not in any way affect
the conditions in the contract regarding the payment to be
made by Government at the sanctioned tender rates.
Clause 47 (A) :
d) GST shall be paid on the amount of bill of the work done as per
prevailing guidelines rate of GST during the period of work done
as applicable.
The rates quoted by the contractor shall be deemed to be inclusive
e) of the labour welfare cess and other taxes (other than GST) that the
contractor will have to pay for the performance of this contract.
The Employer will perform such duties in regard to the deduction
of such taxes at sources as per applicable law.
Clause 48 : Deleted
Clause 50 :
Provided, however, that if the required unskilled labours are not available
locally, the contractor shall in the first instance employ such number
persons as is available and thereafter may with previous permission, in
writing of the Executive Engineer, in charge of the said work, obtain the
rest of requirement of unskilled the labour from outside the above
scheme.
P.W.Dept. Clause 53 : The contractor shall duly comply with all the
No.CAT/1284(12 provisions of the Contract Labour (Regulation and Abolition)
0)/ Building-2 dt. Act, 1970 (37 of 1970) and the Maharashtra Contract Labour
14.8.85 (Regulation and Abolition) Rules, 1971 as amended from time
to time and all other relevant statutes and statutory provisions
concerning payment of wages particularly to workmen
employed by the contractor and working on the site of the work.
In particular the contractor shall pay wages to each worker
employed by him on the site of the work at the rates prescribed
under the Maharashtra Contract Labour (Regulation and
Abolition) Rules 1971. If the contractor fails or neglects to pay
wages at the said rates or makes short payment and the
Government makes such payment of wages in full or part
thereof less paid by the contractor as the case may be, the
amount so paid by the Government to such workers shall be
deemed to be arrears of Land Revenue and the Government
shall be entitled to recover the same as such from the contractor
or deduct same from the amount payable by the Government to
the contractor hereunder or from any other amount/s payable to
him by the Government.
Clause 56 :The Contractor is fully responsible for the life of person entering in the
construction premise from any accident occurred due to inadequate safety measures
. He is responsible for any of the FIR lodged against any accident occurred on the
site of work during execution of the work for 24 x 7. No person shall be allowed to
enter either Government staff of contactors without helmet and other proper safety
measures in the premises. The contractor shall employ proper watch & Guard to
take the precautionary safety measures of person entering in the premises of the
construction of Building work.
If it is observed and noted by the Government site engineer that no one available for
watch and guard of safety measures the contractor will be heavily penalized as for
such negligence.
6. SCHEDULE - A
"SCHEDULE - A"
Note:- 1. Material such as steel, cement required for work shall be brought by the
contractor.
1. The materials such as Steel, Cement etc. required for execution of work shall be
brought by contractor at his own cost.
2. The contractor shall maintain the record of these materials (Cement, Steel) in
the prescribed proforma and registers as directed by Engineer in charge. The
sample of prescribed proforma is attached at the end (Page No. 153 to 156
)These registers shall be signed by both contractors and representative of
Engineer in charge. These registers shall be made available for inspection,
verification for the department as and when required. These registers shall be in
the custody of department and shall be maintained by the department.
3. The material required only for this work shall be kept in the godown at site. No
material shall be shifted out side of the godown except for the work for which
this agreement is entered.. Without prior approval of the Engineer in charge.
4. The material i.e. cement, steel etc brought on the work site shall be
accompanied with the necessary company / Manufacturing firm’s test
certificates. In addition these material shall be tested as per frequency prescribed
by the department and the cost of such testing shall be borne by the contractor.
If the test results are satisfactory, then and then only the material shall be
allowed to be used on the work. If the test results are not as per standards, these
materials shall be immediately removed from the work site at contractor’s cost.
In case of cement if so requested by the contractor in writing, material will be
allowed to be used before receipt of test results but this will be entirely at the
risk and cost of the contractor.
5. All these material i.e. cement, steel etc. shall be protected from any damages,
rains etc. by the contractor at his own cost.
6. The contractor will have to errect temporary shed of approved specifications for
storing of above materials at work site at contractors cost having double lock
arrangements (By Double lock it is meant that godown shall always be locked
by two locks, one lock being owned and operated by Contractor & other by
Engineer in charge or his authorised representative and the door shall be
openable only after both locks are opened.)
8. The contractor shall not use cement and other material for the item ot be
executed outside the scope of this contract except for such ancillary small
item as are connected and absolutely necessary for execution of this work as
may be decided by the Engineer in charge.
9. The Government shall not be responsible for the loss in cement, steel etc
during transit to work site. The cement brought by the contractor at the
work site store shall mean 50 kg. Equivalent to 0.0347 cubic meter per bag
by weight. The rate quoted should correspond to this method of reckoning in
case of ordinary / controlled concrete, if cement is found short the shortage /
shortage will be made good by the contractor at his cost.
10. The Contractor shall produce sufficient documentary evidence i.e. Bill for
the purchase, Octroi receipt, etc. for the purchase of the material brought on
the work site at once if requested by the department.
11. INDEMNITY :
The condition regarding indemnity as defined on page 102 At Sr. No. 8.6
will apply in case of material brought by contractor at the site for the
execution of the work being executed under this contract.
12. In case the materials brought by the contractor become surplus owing to the
change in the design of the work, the materials should be taken back by the
contractor at his own cost after prior permission of Engineer in charge.
13. For an other chemical required for concerned item, make and quality shall
be got approved from Engineer-in-charge. Sufficient stock considering
likely used and its shelf life of products shall be procured. Procurement of
polymer shall be intimated to Deptt. for record and verification. Register of
stock and its day to day to consumption shall be maintained jointly. The
register of stock and its day to day consumption shall be maintained jointly.
The register shall be maintained in form 1,2, and 3 for consumption of
polymer.
1. COMPETANCY OF TENDER :
The work will be awarded only to those contractors who are considered to be
substantially responsive bidders, capable of performing the class of work to be
completed. Before passing the final award any or all bidders may have to
show that they have the necessary experience, facilities, ability and financial
resources to execute the work in satisfactory manner and also within the
stipulated time.
2. PAYMENTS :
The tenderers must understand clearly that the rates quoted are for completed
work and include all costs due to labour, all leads and lifts involved and if
further necessitated, scaffolding plant, supervision, service works, power,
royalties, octroi taxes etc. and to include all to cover the cost of lighting on
night work if any and round the clock work as and when required and no
claim for additional payment beyond the prices or rates quoted will be
entertained and the tenderers shall not be entitled subsequently to make any
claim on the ground of any representation or on any promise by any person
(whether member in the employment of any Public Works Department or not )
or on the ground of any failure on his part to obtain all necessary information
for the purpose of making his tender and fixing the several prices and rates
therein relieve him from any risks or liabilities arising out of the tender.
b) FINAL BILL :
The contractor should submit final bill within one month after
completion of the work and the bill will be paid within 5 months if it
is in order. Disputed item and claims if any shall be excluded from
the final bill and settled seperatelyleter on.
“ The budget provision for this work is less at present. The payment
of bills will be made as per the availability of funds. No claims will
be entertained for delayed payments.”
“If situation arises, the work will be stopped at safe stage and will be
withdrawn under Clause 15 for which no compensation will be
allowed”
3. ERASER :
4. ACCEPTANCE :
i) No live electric lines should be allowed to run along the ground in the
blasting zone and they should be at least about 10 ft. above ground if
not more.
ii) The wiring cable should not be taken near the live electric line and it
should be preferably shot firing cable as supplied by the supplier of
explosives. If such a cable is not available a substitute cable
recommended by the explosive suppliers should only be used. Under
no circumstances should cable made up of several pieces jointed and
tapped be used.
iii) The blasting shed from where the exploder is to finally operated
should be at least 150 metre away from the area to be blasted. It
should have a strong roof which can with stand the impact of flying
stones at this range.
The contractors shall be deemed to have carefully examined the work and site
conditions including labour, the general and special conditions, the
specifications, schedules and drawings and shall be deemed to have visited the
site of the work and to have fully informed himself regarding the local
conditions and carried out his own investigations to arrive at the rates quoted
in the tender. In this regard, he will be given necessary information to the best
of the knowledge of Department but without any guarantee about it.
If he shall have any doubt as to the meaning of any portion of these general
conditions or the special condition, to the scope of working of the
specifications and drawings or any other matter concerning the contract, he
shall in good time, before submitting his tender, set forth the particulars
thereof and submit them to the Engineer in writing in order that such doubts
may be clarified authoritatively before tendering. Once a tender is submitted,
the matter will be decided in accordance with tender conditions in the absence
of such authentic pre-clarification.
(A) In case of errors, omissions and /or disagreement between written and
scaled dimensions in the drawing or between the drawings and
specifications etc., The following order of preference shall apply.
(c) The Contractor shall employ sufficient plant, equipment and labour as
may be necessary to maintain the progress schedule. The working and
shift hours restricted to one shift a day for operations to be done under
the Government supervision shall be such as may be approved by the
Engineer-in-charge. They shall not be varied without the prior approval
of the Engineer. Night work requiring supervision shall not be
permitted expect when specifically allowed by Engineer on each item,
if requested by Contractor. The Contractor shall provide necessary
lighting arrangements etc. for night work as directed by the Engineer
without extra cost to Government.
6.5 QUARRIES :
6.5.2 The quarrying operation shall be carried out by the Contractor with
proper equipment such as compressor, jack-hammers, drill bits,
explosives etc. and sufficient numbers of workmen shall be
employed so as to get the required out-turn.
6.5.3 The Contractor shall carry out the works in the quarries in
conformity with all the rules and regulations already laid down or
that may be laid down from time to time by the Government . Any
cost incurred by the Government due to noncompliance of any rules
or regulations or due to damages by the Contractor shall be the
responsibility of the Contractor. The Engineer-in-charge or his
representative shall be given full facility by the Contractor for
inspection at all times of the working of the quarry, records
maintained, the stocks of the explosives and detonators etc. So as to
enable him to check that the working records and storage are all in
accordance with the relevant rules. The Engineer-in-charge or his
representative shall at any times be allowed to inspect the work,
building and equipment at the quarters.
6.5.4 The Contractor shall maintain at his own cost the books, registers
etc. required to be maintained under the relevant rules and
regulations and as directed by the Engineer-in-charge. These books
shall be open for inspection at all times by the Engineer-in-charge or
his representative and the Contractor shall furnish the copies or
extract of books or registers as and when required.
6.5.6 The approaches to the quarrying place from the existing public
roads shall have to be arranged by the Contractor at his own cost and
the approaches shall be maintained by the Contractor at his own cost
till the work is over.
6.5.8 Since all stones quarried from Government quarry (if made
available) by the Contractor including the excavated over burden are
the property of the Government , no stones or earth shall be supplied
by Contractor to any other agencies or works and are not allowed to
be taken away for any other works. All such surplus quarried
materials not required for work under this contract shall be the
property of the Government and shall be handed over by the
Contractor to the Government free of cost at the quarry site duly
heaped at the spots indicated by the Engineer-in-charge.
6.5.11 The Contractor shall not use any land in the quarry for cultivation or
for any other purpose except, that required for breaking or stacking
or transporting stones.
(I) Where suitable and approved P.W. Department's quarries exist the
Contractor or piece worker will be allowed if otherwise there is no
objection to obtain the materials to the extent required for the work
from the quarry. He will be, however, liable to pay compensation, if
any damage caused to the quarry either deliberately or through
negligence or for wastage of materials by himself or his staff or
labour. The Contractor shall pay necessary royalty in advance and
claim refund according to rules, if admissible and shall submit
detailed accounts of materials quarried as directed.
(III) The rates in the tender, include all incidental charges such as opening of a
new quarry, opening out a new portion in an existing quarry, removing top
soil and the unsuitable material, dewatering, quarry, cost of blasting
powder and fuse, lift and lead, repairs to existing cart tracks, making new
cart tracks, control charges, Central/State Government or Municipal
Taxes, etc.
(IV) The rates in the tender are for the delivery of the approved material on
road side, properly stacked at the places specified by the Engineer-in-
charge and are inclusive of conveyance charges in respect of the leads and
lifts. No claims on account of changes in lead will be entertained.
(V) No material shall be removed from the land within the road boundary or
from the land touching it without the written permission of the Engineer-
in-charge or his authorised agent. If any material is unauthorisely
obtained from such places, the Contractor or piece worker shall have to
make good the damages and pay such compensation, in addition as may be
decided by the Executive Engineer and will have to stop further collection.
(VI) Any material that falls on any P.W.D. Road from the cart etc. during
conveyance shall be immediately picked up and removed by the
Contractor or piece worker, failing which it will be got removed
departmentally at his cost. No heap shall be left prior to stacking even
temporarily on the road surface or in any way so as to cause any
obstruction or danger to the traffic. The Contractor or the piece worker
shall be liable to pay for any claims of compensation etc. arising out of
any accident, etc. Any such materials causing obstruction or danger etc.
will be got removed departmentally at his cost and no claim for any loss or
damage to the material, thus removed will be entertained. The Contractor
shall also be responsible for the damage or accident etc. arising out of any
material that falls on the road or track, not in charge of the Department and
shall attend to any complaints which may be received.
(VIII) Before stacking, the materials shall be free from all earth, rubbish,
vegetable matter and other extraneous substance and in the case of
metal, screened to gauge if so directed when ready. It shall be
stacked entirely clear of the road way on ground which has been
cleaned of vegetation and levelled. On high banks, ghat roads etc.
where it may not be practicable to stack it entirely clear of the
roadway, it may be stacked with the permission of the Engineer-in-
charge on terms in such a way as to cause minimum danger and
obstruction to the traffic or as may be directed by him.
(IX) The size of the stack of the materials other than rubble shall be 3 x
1.5 x 0.60 metre or such other size as may be directed by the
Engineer-in-charge and all but one stack in 200 metres shall be of
the same uniform size and shall be uniformly distributed over whole
lengths. One stack (at the end) in each 200 metres may be of length
different from the rest in order to adjust total quantity to be required
but its width and height will be the same as those of the rest.
The contractor shall himself engaged an authorised all time agent on the work
capable of managing and guiding the work and understand the specifications
and contract condition. A qualified and experienced, Engineer shall be
employed by the contractor as his agent for technical matters in case the
Engineer-in-charge considers this as essential for the work and so directs
contractors. He will take orders as will be given by the Executive Engineer or
his representative and shall be responsible for carrying them out.
This agent shall not be changed without prior intimation to the Executive
Engineer and his representative on the work site. The Engineer-in-charge have
the unquestionable right to ask for change in the quality and strength of
contractor’s supervisory staff and to order removal from work of any of such
staff. The contractor shall comply with such orders and effect replacements to
the satisfaction of the Engineer-in-charge.
A work order book shall be maintained on site and it shall be the property of
the Government and the contractor shall promptly sign orders given therein by
the Executive Engineer or his representative and his superior officers and
comply with them. The compliance shall be reported by the Contractor to the
Engineer in good time so that it can be checked. The blank work order with
machine numbered pages will be provided by the Department free of charge
for this purpose. The contractor will be allowed to copy out instructions
therein from time to time. The order issued by the Government in P.W.
Department from time to time regarding Construction procedure shall be
binding on the contractor in addition to the specifications contained in P.W.D.
hand book Volume I and II and book of standard specification of P.W.
Department and the specifications enumerated above.
All the works and materials before finally taken over by Government it will be
the entire liability of the Contractor to guard, maintain and make good any
damage of any magnitude. Interim payments made for such work will not
alter this position. The handing over by the Contractor and taking over by the
Executive Engineer or his authorised representative will be always in writing
copies of which will go to the Executive Engineer or his authorised
representative and the Contractor. It is however, understood that before taking
over such work, Government will not put it into regular use as distinct from
casual or incidental one, expect as specifically mentioned elsewhere in this
contract, or as mutually agreed to.
The Contractor shall have to make his own arrangement for machinery
required for the work. However if the same is conveniently available with the
Department it may be spared as per the rules in force on recovery of necessary
Security Deposit and rent at the rate approved from time to time by the
independent agreement to this contract and the supply or non supply of
machinery shall not form a ground for any claim or extension of time for this
work.
ii) The Contractor shall at his risk and cost make all arrangement and/or
shall provide for all such facilities as the Engineer-in-charge may
require for collecting, preparing required number of samples for test or
analysis at such time and to such places as may be directed by
Engineer and bear all such charges, such samples shall also be
deposited with Engineer-in-charge.
iii) The Contractor shall as and when required submit at his cost the
samples of materials to be tested or analyzed and if, so directed, shall
not make use of or incorporate in the work any material represented by
the samples until the required test or analysis have been made and
after the test of the materials, finally accepted by the Engineer-in-
charge.
iv) The contractor shall not be eligible for any claim or compensation
either rising out of any delay in the work or due to any corrective
measure required to be taken on account of and as a result of testing of
the materials.
The contractor shall at his own cost set up Laboratory at site of work
to carry out the testing of materials which are to be used for the work.
This laboratory shall be approved by the Engineer-in-charge. The
testing shall be done as per frequencies mentioned in the
specification/additional specification of each item of Schedule 'B'. The
30% of the test included in Annexure 'A' (On Page No. 130) shall be
carried out in Vigilance and Quality Control Laboratory at the cost of
contractor and balance 70% in the site laboratory. The test which are
not included in Annexure 'A' 50% test shall be carried out each in
Vigilance and Quality Control laboratory and site laboratory. The
frequency of testing of construction materials is mentioned in
Annexure-B on Page No. 131 to 132.
The Contractor shall be responsible for the quality of the work in the entire
construction work within the contract. He shall, therefore, have his own
independent and adequate set up for ensuring the same. This shall include
establishing field laboratory for testing required for works. The laboratory
shall be equipped with the equipment’s and apparatus required for the testing.
The list of various equipment’s/apparatus is enclosed on Page145for
information and guidance of the Contractor. These equipment’s shall be
in working condition. The Engineer in charge of the work will verify these
equipment’s in the laboratory at site. The work shall not be started unless and
until the laboratory is equipped with equipment’s. (Ref. Page 145).
7.2 CO-ORDINATION :
When several agencies for different sub-works of the project are to work
simultaneously on the project site, there must be full coordination between the
contractors to ensure timely completion of the whole project smoothly. The
scheduled dates for completion specified in each contract shall therefore, be
strictly adhered to. Each contractor may make his independent arrangements
for water, power, housing etc. if they so desire. On the other hand the
Contractor are at liberty to come to mutual agreement in this behalf and make
joint arrangements with the approval of the Engineer . No Contractor shall
take or cause to be taken any steps or action that may cause, distruption,
discontent, or disturbance of work, labour or arrangement etc. of the
contractor in the project localities. Any action by any Contractor which the
Engineer in his unquestioned discretion may consider as infringement of the
above code, would be considered as a breach of the contract conditions and
shall be dealt-with accordingly.
II) The contractor shall provide furnish, maintain and remove on completion of
the work; a suitable office on the work site for the use of Executive Engineer
or his representative. The covered area exclusive of verandah should not be
less than 40.00 sqm. It may have brick walls and asbestos or corrugated iron
roof, paved floor should be 45 cm. above ground level. He should provide
latrines, urinals and keep them clean daily. This will be supposed to be
included in his offer.
When the Contractor desires to use any designed device, materials or process covered
by letter of patent or copy right, the right for such use should be secured by suitable
legal arrangement and agreement with patent owner and a copy of their agreement
shall be filed with the Engineer-in-charge if so desired by the latter.
Availability of adequate water for works and sources thereof shall be confirmed by the
Contractor before submitting the tender.
The Contractor shall make his own arrangements at his own cost for entering into
contract with concerned authorities for obtaining the connection and carry the water
upto the work site as required by him. The location of the pipe line with respect to the
road shall be decided by Engineer-in-charge and shall be binding on the Contractor.
The Contractor is advised to provide water storage tank of adequate capacity to take
care of possible shutdown of water supply system.
The Contractor shall have to supply water required by the Department for its
establishment at work site. The water consumed by the Department will be metered.
For providing the meter permission, if necessary will be arranged by the Department.
Charges for the water consumed by the Department will be paid to the Contractor at
the rates of 125% of the recurring costs or actually charged to him by concerned
authorities and no other charges would be payable by the Department.
7.6 ELECTRICITY :
The Contractor will have to make his own arrangement at his own cost for
obtaining or providing electric supply at work site.
Electrical supply for the Departments use at work site shall be provided by the
contractor. No charges would be payable by the Department.
The Contractor shall take all necessary precautions for the safety of the
workers and preserving their health while working on such job as
require special protection and precautions wherever required. The
following are some of the requirements listed, through not exhaustive.
The contractor shall also comply with the directions issued by the
Engineer in this behalf from time to time and at all times.
(iii) Taking such normal precautions like providing hand rails to the
edges of the floating platform or barges, not allowing nails or
metal parts or useless timber to spread around etc.
8.2 AMENITIES :
(vi) Providing full length gum boots, leather hand gloves, leather
jackets with fireproof aprons to cover the chest and black
reaching upto knees plain goggles for the eyes to the labour
working with hot asphalt handling vibrators in cement concrete
and also where use of any or all these items is, essential in the
interest of health and well being of the labourers in the opinion
of the Engineer.
8.3 EXPLOSIVE :
The Contractor shall at his own expense construct and maintain proper
magazines, if such are required for the storage of explosives for use in
connection with the work and such magazines, being situated
constructed and maintained in accordance with the Government Rules
applicable in that behalf. The Contractor shall at his own expenses
obtain such license or licenses as may be necessary for storing and
using explosives. Notwithstanding that the location etc. or storage of
explosives are approved by the Engineer , the Government , shall not
bear any responsibility whatsoever in connection with the storage and
use of explosives on the site or any accident or occurrence what -so-
ever in connection, therewith, all operations of the Contractor in or for
which explosives employed being at the risk of contractor and upon his
sole responsibility and the Contractor hereby gives to Government an
absolute indemnity in respect thereof.
(i) The Contractor shall comply with all rules, regulations, bye-laws
and directions given from time to time by any local or public
authority in connection with this work and shall himself pay all
charges which are leviable on him without any extra cost to the
Government.
8.6 INDEMNITY :
The Government may at its discretion and entirely at the cost of the
contractor defend such suit, either jointly with the Contractor or single
in case the latter chooses not to defend the case.
9. MISCELLANEOUS :
9.1 For providing electric wiring or water lines ete. recesses shall be
provided if necessary through walls, slabs, beams etc. and later on
refilled it with bricks or stones, chipping cement mortar without any
extra cost.
9.2 In case it becomes necessary for the due fulfillment of contract for the
Contractor to occupy land outside the Department limits, the
Contractor will have to make his own arrangements with the land
owners and pay such rents, if any, are payable as mutually agreed
between them.
9.3 The Contractor shall duly comply with the provision of the
Apprentices Act 1961 (iii of 1961) and the rules and orders made
thereunder from time to time under the said Rules and on his failure or
neglect to do so he shall be subject to all the liabilities and penalties
provided by the said Act and Rules.
9.4 It is presumed that the Contractor has gone carefully through the
Standard Specification (Vol. I & II 1981 Edition) M.O.R.T. & H
specifications (edition 2001) and Schedule of Rate of the division, and
studied the site conditions before arriving at rates quoted by him. The
special provisions and detailed specification of wording of any item
shall gain precedence over the corresponding contrary provisions (if
any) in the standard specification given without reproducing the details
in contract. Decision of Engineer-in-charge shall be final in case of
interpretation of specification.
9.5 If the standard specifications fall short for the items quoted in the
schedule of this contract reference shall be made to the latest Indian
Standard specifications, I.R.C. codes. If any of items of this contract
do not fall in reference quoted above, the decision and specifications as
directed by the Engineer-in-charge shall be final.
9.6 The stacking and storage of building materials at site shall be in such a
manner as to prevent deterioration or inclusion of foreign materials and
to ensure the preservation of the quantity, properties and fitness of the
work. Suitable precautions shall be taken by Contractor to protect the
materials against atmospheric action fire and other hazards. The
materials likely to be carried away by wind shall be stored in suitable
stores or with suitable barricades and where there is likelihood of
subsidence of soil, heavy materials shall be stored on paved platforms.
Suitable separating barricades and enclosure as directed shall be
provided to separate materials brought by contractor and from different
sources of supply.
10. DEFINITIONS :
f) The expression "Contract" as used in the tender papers shall mean the
deed of contract together with or its original accompaniment and those
later incorporated in it by mutual consent.
g) The expression "Plant" as used in the tender papers shall mean very
temporary and necessary means necessary or considered necessary by
the Engineer to execute, construct, complete and maintain the works
and used in altered, modified, substituted and additional works ordered
in the time and in the manner herein provided and all temporary
materials and special and other articles of appliances of every sort,
kind and description whatsoever intended or used therefore.
j) The “Site” shall mean the land and/or other places where the work is to
be executed under the contract including any other land or places
which may be allotted by the Government or use for the purpose of
contract.
The Contractor shall be responsible for the quality of the work in the entire
construction work within the contract. He shall, therefore, have his own
independent and adequate setup for ensuring the same. This shall include
establishing field laboratory for testing required for concrete works.
The Engineer in charge shall decide all questions which may arise as to quality
and acceptability of materials furnished and work executed, manner of
execution, rate of progress of the works, interpretation of the plans and
specifications and acceptability of fulfillment of the contract on the part of the
Contractor . He shall determine the amount and quantity of work performed
and materials furnished and his decision shall be final. In all such matters, and
in any technical questions which may arise touching the contract, his decision
shall be binding on the Contractor.
The Engineer in charge shall have the power to enforce such decisions and
orders if the Contractor fails to carry them out promptly. If the Contractor fails
to execute the work ordered by the Engineer-in-charge . The Engineer in
charge may give notice to Contractor specifying a reasonable period therein and
on the expiry of that period proceed to execute such work as may be deemed
necessary and recover the cost there of from the Contractor.
12.2 The Engineer-in-charge may from time to time, in writing delegate to his
representative any of the powers and authorities vested in the Engineer-in-
charge and shall furnish to the Contractor a copy of all such delegations of
powers and authorities. Any written instruction or approval given by the
representative of the Engineer-in-charge to the Contractor within the terms of
such delegations (but not otherwise) shall bind the Contractor and the
Department as though it had been given by the Engineer-in-charge , provided
always as follows.
Layout of the work will be done by the Contractor in consultation with the
Executive Engineer of the Department or his representative, some permanent
marks should however be established to indicate the demarcation of the
structure or any component there of made to this permanent marks in
measurement books and drawing signed by the contractor and the departmental
officer, Responsibility regarding layout will be joint.
The Engineer-in-charge shall furnish the contractor with only the four corners
of the works site and a level bench mark and the contractor shall set out the
works and shall provide an efficient staff for the purpose and shall be solely
responsible for the accuracy of such setting out.
The contractor shall provide, fix and be responsible for the maintenance of all
stacks, templates, level marks, profile and other similar things and shall take all
necessary precautions to prevent their removal or disturbance and shall be
responsible for the consequence of such removal or disturbance, should the
same take place and for their efficient and timely reinstatement. The contractor
shall also be responsible for the maintenance of all existing survey marks,
boundary marks distance marks and center line marks, either existing or
supplied and fixed by the contractor. The work shall be set out to the
satisfaction of the Engineer-in-charge. The approval thereof or joining with the
contractor by the Engineer-in-charge in setting out the work, shall not relive the
contractor of any of his responsibilities.
Before beginning the work, the contractor shall at his own cost provide all
necessary reference and level posts, pegs, bamboos, flags, ranging rods, strings
and other materials for proper layout of the work in accordance with the
scheme for bearing marks acceptable to the Engineer-in-charge. The center,
longitudinal or face lines and cross lines shall be marked by means of small
masonry pillars. Each pillar shall have distinct mark at the center to enable the
theodolite to be set over it. No work shall be started until all these ponts are
checked and approved by the Engineer-in-charge in writing but such approval
shall not relieve the contractor of any of his responsibilities. The contractor
shall also provide all labour, material and other facilities, as necessary, for the
proper checking of layout and inspection of the points during construction.
Pillars bearing geodetic marks located at the sites of units of works under
construction should be protected and fenced by the contractor.
The contractor shall be entirely and exclusively responsible for the horizontal
and vertical alignment, the levels and correctness of every part of the work and
shall rectify effectually any errors or imperfections therein, such rectifications
shall be carried out by the contractor, at his own cost, when instructions are
issued to that effect by the Engineer in charge.
16.1 The stacking and storage of material at site shall be in such a manner as to
prevent deterioration or intrusion of foreign matter and to ensure the
preservation of their quality, properties and fitness for the work. Suitable
precautions shall be taken by the Contractor to protect the materials against
atmospheric action, fire and other hazards. The materials likely to be carried
away by wind shall be stored in suitable stores or with suitable barricades and
where there is likely hood of subsidence of soil, heavy materials shall be stored
on paved platforms.
16.2 The Contractor shall at his own expense engage watchman for guarding the
materials and plant and machinery and the work during day and night against
any pilferage or damage and also for prohibiting trespassers.
16.3 No materials brought to the site shall be removed from the site without the prior
approval of the Engineer-in-charge.
17.1 The Contractor shall inform the Engineer-in-charge in writing when any
portion of the work is ready for inspection giving him sufficient notice
to enable him to inspect the same without affecting the further progress
of the work.
17.2 The Contractor shall provide at his cost necessary ladders and such
arrangements as are considered safe by the Engineer-in-charge for
proper inspection of all parts of the work.
17.3 Contractor shall extend his full co-operation and make all necessary
arrangements when needed for carrying out inspection of the work or
any part of the work by the local representatives, M.L.As, M.Ps and
officers and dignitories / delegates of various Government departments,
local bodies, private sectors etc. No compensation shall be paid to the
contractor on this account.
17.4 The work shall be carried out by the Contractor without causing
damage to the existing Government property and / or private property.
If any such damage are caused, the Contractor shall pay for restoration
of the property to the original conditions, and any other consequent
damages.
17.6 The Contractor after completion of work shall clean the site of all debris
and remove all unused materials other than those supplied by the
department and all plant and machinery, equipment, tools etc.
belonging to him within one month form the date of completion of the
work, or otherwise the same will be removed by the department at his
cost or disposed off as per departmental procedure. In case the material
is disposed off by the department, the sale proceeds will be credited to
the Contractor’s account after deducting the cost of sale incurred.
However, no claim of Contractor regarding the price or amount credited
will entertained afterwards.
17.7 All constructional plant, provided by the Contractor shall when brought
on to the site be deemed to be exclusively intended for the construction
and the contractor shall not remove the same or any part thereof (save
for the purpose of moving it from one part of the site to another)
without the consent in writing of the Engineer-in-charge who shall
record the reasons for withholding the consent.
As there is local traffic by the side of construction during construction for the
building, the Contractor will have to take proper precautions such as proper
barricading, fencing, lighting, information and cautionary boards for safe and
smooth flow of traffic, and keeping the concerned authorities informed about
the work in progress.
19.2 After the work is completed the Contractor shall give notice of such
completion to the Engineer-in-charge and within 30 days of receipt of
such a notice the Engineer-in-charge shall inspect the work and if there
is no defect in the work shall furnish the Contractor with a certificate
indicating the date of completion. However, if there are any defects
which in the opinion of the Engineer-in-charge are rectifiable he shall
inform the Contractor the defects noticed. The Contractor after
rectification of such defects shall then inform the Engineer-in-charge
and Engineer-in-charge on his part shall inspect the work and issue the
necessary completion certificate within 30 days if , the defects are
rectified to his satisfaction, and if not, he shall inform the Contractor
indicating defects yet to be rectified. The time cycle as above, shall
continue.
19.4 The issued of completion certificate shall not be linked up with the site
clearance on completion of the work.
21.1 The Contractor should ensure that all safety precautions are observed by
their laboures, working closed to the State Highway and while closing
the State Highway precautions are taken including insurance etc., for
their labour at the cost of the contractor and the contractor will bear all
the expenses, compensation etc. if any accident occurs to the labour
etc. No claim in this regard on whatsoever account shall be entertained
and this decision of the Department will be final and conclusive.
21.2 The Contractor shall observe the rules and regulation imposed by traffic
police for smooth flow of traffic on the diversion road and shall not be
entitled for claims any compensation arising thereof.
In case of delay in handing over the land required for the work, due to
unforeseen cause, the Contractor shall not be entitled for any
compensation what-so-ever form the Government on ground that the
machinery or labour was idle for certain period. Contractor may,
however apply for extension of time limit which may be granted on the
merit of the case.
Any stock or batch of material(s) of which sample(s) does not conform to the
prescribed test and quality, shall be rejected by the Engineer or his
representative and such materials shall be removed from site by the Contractor
at his own cost. Such rejected materials shall not be made acceptable by any
modifications.
The Engineer and any person authorised by him shall at all times have access to
the works and to all workshops and places (including required documents)
where work is being prepared or from where materials, manufactured articles or
machinery are being obtained for the works and the Contractor shall afford
every facility for & every assistance in or in obtaining the right to such access.
The Contractor shall arrange to provide a well furnished and fully equipped
field laboratory which shall be manned by adequately qualified technical staff.
The laboratory shall preferably be located adjacent to the plant site and shall be
provided with amenities like water supply, electric supply, toilet block etc. The
list of equipment is enclosed on Page No. 145. This shall be considered as
incidental to work and no separate payment whatsoever will be made for the
same.
The Contractor shall arrange to take dated post card size coloured photographs at
various stages/facts of the work including interesting and novel features of the work as
desired by the Engineer-in-charge and supply them in five copies each in separate
albums of appropriate size. He shall also arrange for the Video Filming of important
activities of the work during the currency of the contract and edit it to a video film of
60 to 180 minutes playing time.
As a safety measure during the execution of work all labours, construction and
supervisory staff shall be provided with an orange colour jacket in flouroscent blue so
as to make them starkly visible from a distance even during evening hours.
Approval of all materials for the work shall be obtained in writing from Engineer-in-
charge or his representative before its use in the Project.
Before taking up of any construction activity the construction work done earlier shall
be got approved in writing. Any failure on this account may result in the work for
which the Contractor will be solely responsible.
Materials and job mix, etc. shall be got approved in writing atleast 15 days in
advanced of the commencement of the corresponding activity. The testing charges
shall be borne by the Contractor.
Besides the prescribed tests and frequencies any other test of tests over the prescribed
frequency shall also be carried out by the Contractor at his own cost if so directed by
Engineer-in-charge or his authorised representative.
Contractor shall take out necessary Insurance Policy/ (viz. Contractors All Risks
Insurance Policy, Erection All Risks Insurance Policy etc. as decided by the
Directorate of Insurance) so as to provide adequate insurance cover for execution of
the awarded contract work for total contract value and complete contract period
compulsorily from the “Directorate of Insurance, Maharashtra State, Mumbai only its
postal address for Correspondence is “264, MHADA, First Floor, Opp. Kalanagar,
Bandra (East) Mumbai – 400051” ( Telephone Nos. 26590403/26590690 and Fax No.
26592461/26590403) Similarly, all workmen’s appointed to complete the contract
work are required to insure under workmen’s compensation insurance policy.
Insurance policy/policies taken out from any other Company will not be accepted. If
any contractor has effected Insurance with any insurance company the same will not
be accepted and the amount of premium calculated by the Government Insurance
Fund will be recovered directly from the amount payable to the Contractor for the
executed contract work and paid to the Directorate of Insurance Fund, Maharashtra
State, Mumbai, The Director of Insurance reserves the right to distribute the risks of
insurance among the other insurers.
Building and other construction worker welfare cess at 1% or at the rates awarded from
time to time as intimated by the competent authority of building and other construction
worker welfare Act 1996 shall be deducted from bill amount. Whether bill advance
payment or secured advance.
30. Goods and Services Tax will be recovered from the bill of the contractor as per GST
Act.
31. DIARY :
Contractor shall maintain, throughout the construction period, a diary in the from of a
register regarding the following :-
i) Daily presence of all categories of labours.
ii) Daily availability and use of machinery and equipment’s on work.
iii) Daily procurement, Consumption and balance of materials on site.
iv) Daily record of various visiting authoritiesalongwith name of the officers visited
and timing.
v) Details of work executed per day. The register shall be closed on daily basis and
signature of Engineers in charge or his representative should be taken over it.
33.11 Quality Assurance Manual : Contractor shall prepare the quality assurance
manual booklet in consultation with the Executive Engineer. Quality
assurance manual shall be comprehensive document covering every aspect of
the work. Executive Engineer shall approve this document. The quality
manual document shall be used only after approval from Executive Engineer.
Provision of the quality manual be binding on the contractor. Quality manual
shall be treated as a legal document as per with this contract document. It
shall be used till the work is completed in full respect.
33.12 The Contractor shall have to carry out structural Audit at his own cost after
completion of the work and the contractor shall certify that, due to execution
of this work the portion restored shall remain intact for minimum 10 years,
certificate shall be through reputed and empanelled structural consultant.
33.13 Payment will be made as and when necessary sufficient funds are available
with the department.
33.14 The Test Results of materials shall be produced with the bill and Testing
charges are borne by the contractor
33.15 E-Measurement : - The contractor shall submit the E-Measurement to
Engineer-in-charge in reference to clause 10, the bill will not be sanctioned by
the Division office if contractor fail to submit measurement in E-
measurement book.
Submission of monthly bill in electronic form :-
1. As per Cl. 10 of this B-1 contract, it is responsibility of the contractor to
submit the bill monthly to the Engineer in charge.
2. To discharge this responsibility the contractor shall submit the bill in
electronic form.
3. In doing so he shall use e-copy of Tender paper.
4. In support of the bills, required measurements, drawings, quality control
reports (field lab and VQCC lab/ any Govrnment approved laboratory as
suggested by the Engineer incharge), site supervision data (SCADA) shall
be submitted in electronic form, the data so submitted shall have a facility to
Tightly integrate it with the contract conditions, provisions in the Maharashtra
Public Works manual, Maharashtra Public Works Account code (updated to
date of submission of this tender) and current general engineering practices
(issued though various govt. resolutions, govt. circulars, Chief Engineer's
Circulars etc., issued up to date of submission of this tender.) followed in
Public Works Department.
5. The submission of e-bill shall be in the web based format.
6. The offer of Contractor shall be inclusive of all. He shall not be paid
separately, his offer shall be inclusive of all cost required for submitting bill
in e-format mentioned in this Para
(a) The cost of procuring, establishing, running, operating and maintaining web
based system for submission and approval of bill, with all instrumentation /
automation services required to submit / approve / store in PWD data base.
(b) Web connectivity to all locations where bill and its relevant documents
required for the bill are being acquired / prepared, transmitted, processed,
stored and retrieved with minimum speed of 10 MBPS and 100% availability
(including SCADA). The contractor shall provide the web application in such
a manner that it shall first update the above data in real time on PWD works
monitoring e-governance web application automatically. The contractor
shall put his request to Engineer in charge to get access to the PWD e-
governance web application.
(c) Web-based application including Computer Software, Hardware etc., to
transit, process, store and retrieve the data in the forms and formats as
prescribed by the E.I.C.
(d) Arrangement for security of bill and its relevant documents, Disaster
recovery arrangements shall be as per prevailing IT industry practice, during
the construction period and up to defect liability period (DLP). Handing over
the data on the Web Server after DLP in electronic form as instructed by
Engineer in charge.
(e) Calibration of all accessories / attachment related to bill shall be as per the
specification.
(f) Web based application to monitor the schedule of Calibration of all related
attachment / accessories related to bill and its relevant documents. The
invalidity of calibration shall lead to non-acceptance of work or measurement
and the Contractor shall not be paid for such non-acceptance work or
measurements.
(h) Point (a) to (g) above shall be arranged and maintained during contract period
and defect liability period.
(i) Cost includes rectification, fine tuning, corrections, additions and alterations
to the system to the satisfaction of Engineer in charge.
(j) All data generated as per this special condition of contract shall be the
property of PWD.
33.16 The Contractor shall make all necessary arrangement required under Clause 33 to
33.13 above (Supervising control and data acquisition for concrete works / all cement
works / masonry / plaster / Testing Equipments items, submission and approval of
bill/s) well in advance before starting of the related items of works and activities. All
necessary arrangements so made shall be offered for inspection to Engineer in charge
/ PMC / Officer appointed by the engineer in charge one month prior to the start to
the related items of work. Changes if any after his inspection suggested by the
Engineer in charge / PMC / Officer appointed by the engineer in charge shall be
carried out at no extra cost and within the period of three days. A fresh request for
inspection, of Engineer in charge / PMC / Officer appointed by the engineer in charge
after such rectifications shall be requested by the Contractor and final approval to the
arrangements of SCADA and submission and approval of bill/s be obtained.
35. Payment shall be made to the contractor after satisfactory execution of work and as per
availability of fund.
37. If the contractor go for litigation for delayed payment or demand any interest he may
be debarred form submitting bid/ tender in future.
Annexure 'A'
Annexure 'B'
Construction Material Testing & its frequency
(Refer Condition No.7 (vi) on Page No.101)
9. ADDITIONAL SPECIFICATIONS
1.1 ADMIXTURES :-
(iii) The cover must be uniform throughout and it's thickness shall be
exclusive of plaster or other decorative finishes.
1.7 BAR SPACING :As per relevant I.S. codes and as detailed design
drawing or as directed by Engineer-in-charge.
1) FORMWORK :-
2) QUALITY OF SHUTTERING :
The shuttering shall have smooth and even surface and its joints shall not
permit leakage of cement slurry.
2.2 The timber shall be accurately spawned planed on the sides and
the surface coming in contact with concrete.
3. TOLERANCE :-
a) Section = 5 mm
dimension
3.2 Tolerance given above are specified for local aberrations in the
finished concrete surface and should not be taken as tolerance for
the entire structure taken as a whole or for the setting and
alignment of formwork which should be as accurate as possible
to the entire satisfaction of the Engineer, Errors if noticed in any
lift/ tilt of the structure after stripping of forms, shall be
corrected in the subsequent work to bring back the surface of the
structure to its true alignment.
4. SPECIAL PROVISION :-
5. REMOVAL OF FORMWORK :-
6. STEEL CENTERING :-
(a) All the cement concrete of grade M-15 and higher strength shall
be done with proper mix design as per IS : 10262 - 1982 and
shall confirm to the durability and other requirements of IS 456
2000. The mix design shall be got approved from the Executive
Engineer from time to time whenever there is change in the
source and type of cement and aggregates and change in the
gradation of aggregates.
(b) The design of concrete mixes for various concrete items in the
work shall be obtained by the contractor at his cost from and
approved laboratory. The contractor shall submit in advance
details of such design to the Engineer-in-charge for his prior
approval.
(d) The concrete mix design shall give target strength of 1.33 times
the working strength.
During hot weather the Contractor shall ensure that the constituent
materials are sufficiently cool to prevent the concrete from stiffening in
the intervals between its discharge from the mixer and its final position.
(6) CURING :
(8) FINISHING :
(10) DURABILITY :
The record of mix design, mixing, slum, testing of C.C. cubes etc. shall
be maintained in accordance with Section B-6.13 of the Standard
Specification.
200 mm diameter
2 Sets
2.36 mm, 2.0 mm, 1.18 mm, 600 micron, 425 micron,
300 micron, 150 micron, and 75 micron
14. Water testing Kit 1 Set
15. Atterbergs Limits (liquid and plastic limits) Determination 1 Set
apparatus
16. Dry Bulk Density Test apparatus (sand pouring cylinder, tray,
can etc.). 1 Set
17. Speedy Moisture Meter complete with chemicals 1 Set
18. Aggregate Impact Value Test apparatus/
Los Angles Abrasion Test apparatus. 1 Set
19. Flakiness and Elongation Test Gauges 1 Set
20. Vicat apparatus for testing setting times 1 Set
21. Slump testing apparatus 4 Sets
22. Compression and Flexural strength testing machine, 200
tonne capacity with additional dial for flexural testing. 1 No.
To ensure the specified quality of work which shall also include necessary
surveys, temporary works etc., the contractor shall prepare a quality assurance plan
and get the same approved from the Engineer in charge within eight days from the
date of work order. For this, contractor shall submit an organization chart of his
technical personnel to be deployed on the work along with their qualification, job
descriptions defining the functions of reporting, supervising inspecting and approving.
The contractor shall also submit a list of tools, equipment’s and the machinery and
instrumentation which he proposes to use for the construction and for testing in the
field and/or in the laboratory and monitoring. The contractor shall modify/supplement
the organization chart and the list of machinery, equipment etc. as per the direction of
the Executive Engineer and shall deploy the personnel and equipment on the field as
per the approved chart and list respectively. The contractor shall submit written
method statements detailing his exact proposals of execution of the work in
accordance with the specifications. He shall get these approved from the Engineer in
charge. The quality of the work shall be properly documented through certificates,
records, check-lists and logbooks of results etc. Such records shall be complied from
the beginning of the work and be continuously updated and supplemented and this
shall be the responsibility of the contractor. The forms should be got approved from
the Executive Engineer-in-charge.
(a) Due performance and observance by the Contractor of terms, covenants and
conditions on the part of the Contractor contained in the said Agreement. and
(b) Due and punctual payment by the Contractor to the Government of all sums of
money, losses, damages, costs, charges, penalties and expenses payable to the
Government by the Contractor under or in respect of the said Agreement.
2. Undertake to pay to the Government on demand and without demur and not
withstanding any dispute or disputes raised by the Contractor(s) in any suit or
proceeding filed in any court of Tribunal relating there to the said sum of Rs.
.................................(Rupees .................................................... only) or such lesser
sum as may demand by the Government from us our liability hereunder being
absolute and unequivocal and agree that.
3. (a) The guarantee herein contained shall remain in full force and effect during the
subsistence of the said Agreement and that the same will be continue to be
enforceable till all the dues of the Government under or by virtue of the said
Agreement have been duly paid and its claims satisfied or discharged and till the
Government certifies that the terms and conditions of the said Agreement have
been fully properly carried out by the Contractor.
(b) We shall not be discharged or released from the liability under this Guarantee by
reasons of
ii) Any agreement entered into between the Government and the
Contractor with or without our consent.
(c) Our liability here under shall be joint and several with that of the Contractor as if
we were the Principal debtors in respect of the said sum of Rs. .................
(Rupees ................................................…… only) and
(d) We shall not revoke this guarantee during its currency except with the previous
consent in writing of the Government.
1) -----------------------------------------------
2) -----------------------------------------------
Rs.
Dated Signature
NOT TRANSFERABLE
िसमटचीआवकवखप
यांचािहशोबदशिवणारीन दवही .1
कामाचेनांव:
आवकआिणखपयांचािहशे ब
न दवही .2
1)
2)
3)
न दवही .3
..........................रोजीसंपणा याआठव ासाठीगोषवारा
पोलादाचाआवकखप
यांचािहशोबदशिवणारीन दवही- .1
कामाचे नांव:
आवकआिणखपयांचािहशोब
न दवही .2
1)
2)
3)
न दवही .3
..........................रोजीसंपणा याआठव ासाठीगोषवारा
700.97 2 . Removing cement tiles, or marble or polished shahabad floor or dado without bed concrete including 47.25 Rupees Forty Seven And Per One 33120.83
Square stacking the materials as directed with all leads, lifts etc. complete Paise Twenty Five Only Square
Metres Metre
54.23 3 . Removing the existing cement plaster of any thickness without causing dust nuisance and stacking 54.60 Rupees Fifty Four And Per One 2960.96
Square the debris upto a distance of 50 metres or spreading in the compound and cleaning the site etc. Paise Sixty Only Square
Metres complete. Metre
36.15 4 . Scrapping the old plastered internal surface with sand paper and coating the entire surface with 37.80 Rupees Thirty Seven And Per One 1366.47
Square mixture of whiting or glue and linseed oil including scaffolding etc. complete as directed. Paise Eighty Only Square
Metres Metre
0.020 5 . Providing and fixing frame with / without ventilator of size as specified with Country cut teak wood 210052.5 Rupees Two Lacs Ten Per One 4201.05
Cubic for doors and windows including chamfering, rounding, rebating, iron holdfast of size 300mm x Thousand Fifty Two And Cubic
Metres 40mm x 5mm with oil painting, etc. complete Paise Fifty Only Metre
8.64 6 . Providing and fixing fully glazed double leaf window shutter with openable fanlight including Country 5044.20 Rupees Five Thousand Per One 43581.89
Square cut teak wood 25 mm thick style and rails with plain / obscured glass panels 5 mm thick as per Forty Four And Paise Square
Metres drawing or as directed by the Engineer in charge with stainless steel fixtures and fastening and Twenty Only Metre
finishing the wood work with oil painting three coats etc. complete.
54.23 8 . Providing internal cement plaster 20mm thick in a single coat using Ready to use wall plaster to 478.80 Rupees Four Hundred Per One 25965.32
Square concrete, brick surfaces in all positions including scaffolding and curing. Providing groove at joint of Seventy Eight AndPaise Square
Metres B.B.Masonry and concrete members complete. a) cement ratio 1:5 With Prior Approval of Concerned Eighty Only Metre
S.E.
41.04 9 . Providing and fixing in position. (as per I.S.1868 / 1982) Aluminium sliding window of two tracks 5107.20 Rupees Five Thousand One Per One 209599.49
Square with rectangular pipe having overall dimension ?63.50 x 38.10 x 1.02 mm at weight 0.547 kg/Rmt. Hundred Seven AndPaise Square
Metres and window frame bottom track section 61.85 x 31.75 x 1.20 mm at weight 0.695 kg/Rmt. Top and Twenty Only Metre
side track section 61.85 x 31.75 x 1.30 mm at weight 0.659 kg/Rmt. The shutter should be of bearing
bottom 40 x 18 x 1.25 mm at weight 0.417 kg/Rmt. Inter locking section 40 x 18 x 1.10 mm at
weight 0.469 kg/Rmt. And handle section 40 x 18 x 1.25 mm at weight 0.417 kg/Rmt. and top
section 40 x 18 x 1.25 mm at weight 0.417 kg/Rmt. As per detailed drawings and as directed by
Engineer in charge with all necessary Aluminium sections fixtures and fastenings such as roller
bearing in nylon casting and self locking catch fitted in vertical section of shutter including 5 mm
thick plain glass with all required screws and nuts etc, complete. With powder coating without box
85.73 10 . Providing and laying vitrified mirror / glossy finish tiles decorative type having size 590 mm to 605 1261.32 Rupees One Thousand Per One 108132.96
Square mm x 590 mm to 605 mm of 8 to 10 mm thickness and confirming to IS. 15622-2006 (group Bla) of Two Hundred Sixty One Square
Metres approved make, shade and pattern for flooring in required position laid on a bed of 1:4 cement mortar And Paise Thirty Two Only Metre
including neat cement float, filling joints, curing and clearing etc. complete.
615.84 11 . Providing and laying ceramic tiles of having size 30 cm. x 30 cm. and confirming to corresponding 1317.75 Rupees One Thousand Per One 811523.16
Square I.S. for dado and skirting in required position with readymade adhesive mortar of approved quality on Three Hundred Seventeen Square
Metres plaster of 1:2 cement mortar including joint filling with white/ colour cement slurry cleaning curing And Paise Seventy Five Metre
etc. complete Only
1.00 14 . Basic Test of Cement : Carrying out Standard Consistancy Fineness, Specific Gravity, Setting Time 3770.00 Rupees Three Thousand Per One 3770.00
Test (Initial &Final ), Compressive Strength, Soundness Test Seven Hundred Seventy Test
And Paise Nil Only
1.00 15 . BASIC TEST OF AGGREGATE : Carrying out test of Water Absorption, Specific Gravity. Impact 2600.00 Rupees Two Thousand Six Per One 2600.00
Test Value, Crushing Value Hundred AndPaise Nil Test
Only
1.00 16 . FINE AGGREGATES : Carrying out test of Fineness Modulus (Sieve Analysis), Silt & Clay Content 1380.00 Rupees One Thousand Per One 1380.00
Test Three Hundred Eighty And Test
Paise Nil Only
1.00 18 . ALUMINIUM SECTION : Carrying out test of Thickness, Mass Per Running meter 690.00 Rupees Six Hundred Ninety Per One 690.00
Test AndPaise Nil Only Test
1.00 19 . CERAMIC TILES / VITRIFIED TILES : Carrying out test of Water Absorption, Modules of Rapture 1595.00 Rupees One Thousand Five Per One 1595.00
Test (Set of 6 Tiles) Hundred Ninety Five And Test
Paise Nil Only
19.570 20 . Royalty Charges for Sand are to be paid to the contractor after producing receipt of royalty paid to 237.37 Rupees Two Hundred Per One 4645.33
Cubic the Govt. for the material used for this work. Thirty Seven AndPaise Cubic
Metres Thirty Seven Only Metres
2 . Removing cement tiles, or marble or polished shahabad floor or dado without -- The work shall be carried as per wording of the item
bed concrete including stacking the materials as directed with all leads, lifts etc. -- and as directed by the Engineer in-charge.
complete
3 . Removing the existing cement plaster of any thickness without causing dust -- The work shall be carried as per wording of the item
nuisance and stacking the debris upto a distance of 50 metres or spreading in -- and as directed by the Engineer in-charge.
the compound and cleaning the site etc. complete.
4 . Scrapping the old plastered internal surface with sand paper and coating the -- The work shall be carried as per wording of the item
entire surface with mixture of whiting or glue and linseed oil including -- and as directed by the Engineer in-charge.
scaffolding etc. complete as directed.
5 . Providing and fixing frame with / without ventilator of size as specified with -- The work shall be carried as per wording of the item
Country cut teak wood for doors and windows including chamfering, rounding, -- and as directed by the Engineer in-charge.
rebating, iron holdfast of size 300mm x 40mm x 5mm with oil painting, etc.
complete
6 . Providing and fixing fully glazed double leaf window shutter with openable Bd/T-42 --
fanlight including Country cut teak wood 25 mm thick style and rails with plain / P-503
obscured glass panels 5 mm thick as per drawing or as directed by the
Engineer in charge with stainless steel fixtures and fastening and finishing the
wood work with oil painting three coats etc. complete.
8 . Providing internal cement plaster 20mm thick in a single coat using Ready to -- The work shall be carried as per wording of the item
use wall plaster to concrete, brick surfaces in all positions including scaffolding -- and as directed by the Engineer in-charge.
and curing. Providing groove at joint of B.B.Masonry and concrete members
complete. a) cement ratio 1:5 With Prior Approval of Concerned S.E.
9 . Providing and fixing in position. (as per I.S.1868 / 1982) Aluminium sliding -- The work shall be carried as per wording of the item
window of two tracks with rectangular pipe having overall dimension ?63.50 x -- and as directed by the Engineer in-charge.
38.10 x 1.02 mm at weight 0.547 kg/Rmt. and window frame bottom track
section 61.85 x 31.75 x 1.20 mm at weight 0.695 kg/Rmt. Top and side track
section 61.85 x 31.75 x 1.30 mm at weight 0.659 kg/Rmt. The shutter should
be of bearing bottom 40 x 18 x 1.25 mm at weight 0.417 kg/Rmt. Inter locking
section 40 x 18 x 1.10 mm at weight 0.469 kg/Rmt. And handle section 40 x
18 x 1.25 mm at weight 0.417 kg/Rmt. and top section 40 x 18 x 1.25 mm at
weight 0.417 kg/Rmt. As per detailed drawings and as directed by Engineer in
charge with all necessary Aluminium sections fixtures and fastenings such as
roller bearing in nylon casting and self locking catch fitted in vertical section of
shutter including 5 mm thick plain glass with all required screws and nuts etc,
complete. With powder coating without box
11 . Providing and laying ceramic tiles of having size 30 cm. x 30 cm. and Bd/M-13 --
confirming to corresponding I.S. for dado and skirting in required position with P-386
readymade adhesive mortar of approved quality on plaster of 1:2 cement
mortar including joint filling with white/ colour cement slurry cleaning curing etc.
complete
12 . Providing and applying interior wall finish luster of approved make on internal -- The work shall be carried as per wording of the item
wall surface as detailed below Scrapping the surface with emery paper and -- and as directed by the Engineer in-charge.
wipe clean. Applying Asian / Berger / Nerolac / Dulux Paints or equivalent wall
primer with brush with mineral turpentine with brush 8 to 10% and oil 15 to
20% with roller and allowing to dry for a period 6 to 8 hours. Applying Asian /
Berger / Nerolac / Dulux Paints or equivalent Acrylic wall putty with
appropriate proportion of water allowing to dry for period 4 to 6 hours.
Scrapping with Emery paper 180 and wipe clean. Applying Asian / Berger /
Nerolac / Dulux Paints or equivalent wall primer with brush with mineral
turpentine 8 to 10% and oil 15 to 20% with roller Scrapping Emery paper 320
and wipe clean, Applying Asian / Berger / Nerolac / Dulux Paints or
equivalent interior wall finish luster 1st coat with brush/rubber/spray with
mineral turpentine 7 to 9% and Oil with roller 19 to 21% After 8 hours of
activity Applying 2nd coat of Asian / Berger / Nerolac / Dulux Paints or
equivalent interior wall finish Lustre with mineral turpentine 7 to 9 % with brush
and Oil with roller 19 to 21% after allowing dry for the period of 6 to 8 hours
activity. (With prior approval of S.E.)
14 . Basic Test of Cement : Carrying out Standard Consistancy Fineness, Specific -- The work shall be carried as per wording of the item
Gravity, Setting Time (Initial &Final ), Compressive Strength, Soundness Test and as directed by the Engineer in-charge
15 . BASIC TEST OF AGGREGATE : Carrying out test of Water Absorption, -- The work shall be carried as per wording of the item
Specific Gravity. Impact Value, Crushing Value and as directed by the Engineer in-charge
16 . FINE AGGREGATES : Carrying out test of Fineness Modulus (Sieve -- The work shall be carried as per wording of the item
Analysis), Silt & Clay Content and as directed by the Engineer in-charge
17 . WOOD : Carrying out test of Density, Moisture Content. -- The work shall be carried as per wording of the item
and as directed by the Engineer in-charge
18 . ALUMINIUM SECTION : Carrying out test of Thickness, Mass Per Running -- The work shall be carried as per wording of the item
meter and as directed by the Engineer in-charge
19 . CERAMIC TILES / VITRIFIED TILES : Carrying out test of Water -- The work shall be carried as per wording of the item
Absorption, Modules of Rapture (Set of 6 Tiles) and as directed by the Engineer in-charge
20 . Royalty Charges for Sand are to be paid to the contractor after producing -- --
receipt of royalty paid to the Govt. for the material used for this work. --
"It is understood and accepted by the contractor that, he has studied drawings and
information provided, and has satisfied that, information provided to him is adequate,
understood the nature and extent of work, is aware of site condition and constraints of
the site. The contractor is sufficiently experienced in the type of work undertaken by
him in this contract and has adequate financial support and has fully experienced staff
to execute the work and takes full responsibility to execute the work in time with
proper safety precautions during construction under circumstances etc. Unless the
work defined, proper brief is prepared, responsibilities specified, liquidated damages
mentioned (important as there are delays, extensions, unilateral extensions,
supplementary contracts, wavers which form important part of the contract),
Indemnity in civil liability, Insurances including professional indemnity etc. to prove
the professional approach of the Engineer-in-charge. Proper information has to be
provided by the contractor about the brief of work, constraints if any in work for
execution, nothing to be withheld. It is the total responsibility of the contractor."
This declaration of the contractor on requisite stamp paper of INR 500 shall be
the part of the contract.
Signature of Contractor