MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED WARORA DIVISION,WARORA TENDER No. T - / 2007-08 TENDER FORM ISSUED TO: M/s ------------------------------------------------------------------ LABOUR/WORK CONTRACT FOR -------------------------------------------------------- ------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------- FOR S/DN: FOR D/C : Estimate Cost Rs. E.M.D. Paid Rs... Cost of Tender Form Vide M. R. No. Date. Office of the Executive Engineer, Warora Division M.S.E. Distribution Co. Ltd. Chandrapur Road Warora Phone No: 07176-282150 Email: eewarora@mahadiscom.in Cost of Tender Form Rs.500/- Per copy (Non-Refundable) All pages of the Tender Papers are required to be signed by the Bidders.
C.C.O &. M DIVISION, WARORA TERMS & CONDITIONS 1) The prescribed Tender forms will be available for sale on the website of MSEDCL www.mahadiscom.in from 05.01.08 to 09.01.08. The tender document can be downloaded from the website for submission. 2) Sale of Tenders forms 05.01.08 to 09.01.08.. 3) Last date for submission of completely filled tender forms is 11.01.08 up to 13:00 Hrs. in tender box only. 4) The tender will be open on date 11.01.08 at 15:00 if possible in presence of tender or their representatives. 5) Earnest Money Deposit should be paid in cash or by Demand Draft in favour of Executive Enginner C.C.O & M Division, M.S. E.D.C.Ltd., Warora before submission of tender. No other mode of payments will be accepted towards E.M.D. Tender submitted without E.M.D. are liable to be rejected. 6) Preference will be given to the experienced Contractor of Chandrapur District for electrical line erection work. 7) The contractor whose tender may be accepted shall be required to pay 10% of contract value as Security Deposit. 8) While Submitting the tender the schedule should be filled completely in all respect. Tender without accompanying documents is liable for rejection. Attested copy of registration of Electrical valid license and other required document should be submitted alongwith tender form. 9) The rate should be stand firm upto completion of order value and any fluctuation in rate will not be accepted. 10) The undersigned reserves the right to cancel any or all tenders without assigning any reason thereof. Executive Engineer C.C.O & M Division M.S.E.D.C.Ltd. Warora - 2 -
C.C.O &. M DIVISION, WARORA ANNEXURE 1 Pre-requisite Qualifying Condition for all Tenders (FOR TENDER NO. T-1 TO T-8) The Tender shall be strictly submitted in manner as specified below. ENVELOPE NO. 1 For Bid Qualification. This envelope shall contain copies of following certificates. True copies of the certificates should be attested by Govt. Gazetted Officers. The original certificates will have to produced by the contractors if demanded before acceptance of the tender. Compulsory Primary Documents for Qualifying Opening BID Envelope. 1) Rates : - Income Tax clearance certificate from Income Tax Officer of the Chandrapur. 2) Latest Solvency certificate equivalent loan amount of 50 % of estimated cost of the work should be drawn on schedule Bank/national Bank and should be valid for current year. 3) List of work currently in force along with referenced documents of the order and list of work completed till date. 4) Certificate of performance, completion of works in Govt. Departments and M.S.E.D.C.Ltd. during the last three years only issued by authorities not below the rank of Executive Engineer 5) Copy of Professional Tax Return & its Challan copy. 6) Copy of Service Tax Registration Certificate. 7) Copy of registration of Electrical Licence (lid)duly attested. ENVELOPE NO. 2 Price Bid Envelope ( Tender Copy) This envelope shall contain the price bid duly filled. All schedules shall be filled and wherever it is not applicable shall be written as N A. The tender document downloaded by the bidder shall invariably be submitted in this envelope ( Not to be kept with bidder) with out which the tender are liable to be rejected. Executive Engineer C.C.O & M Division M.S.E.D.C.Ltd. Warora - 3 -
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO.LTD. 1. Instructions to Bidders. 1.01 Sealed & superscribed uniform percentage item rate tenders are invited from licensed reputed experienced and preferably Electrical Contractors of the Central / State Works Departments, Military Engineer Services, Housing and State Electricity Companys, etc. and from those who have executed works of line and value for the construction works covered in the public notice to bidders. 1.02 The scope of the work covered under this tender shall comprise of 1.03 The Earned Money @ 1% of Estimated Cost of Tender to be deposited with the tender shall be Rs. (Rs. ) TENDERS SUBMITTED WITHOUT THE EARNEST MONEY SHALL BE SUMMARILY REJECTED. 1.04 The item allowed for completion of works covered under this tender shall be12 months for the entire work from the date of acceptance of tenders. In case, the work under the above contract is not completed within the stipulated period, it should be clearly understood that the tender shall be liable to penalty as reckoned on the whole value of the contract as may be awarded to him, in accordance with the relevant penalty clause, unless got approved for even continuation of the work beyond the prescribed date. 1.05 The bidder is requested to visit the site of work and see for himself the site conditions regarding approaches, materials, water supply, labour, etc., and all other matters affecting the work before filling in the tender. The bidder will be deemed to have studied the specifications and the drawings and all other documents attached to the tender papers on his having filled in the tender. The unit rate for any item shall be applicable for finished work complete in all respects and covering all the elements of cost, handling, labour, usage rates of tools and equipment s, transport etc. included in the item and as specified in the detailed specifications of this tender and also deemed to include all charges involved in maintenance of the work for a period of six months as reckoned after the date of completion of the work. 1.06 Bidders must submit the tender form together with the specification and the Schedule of quantities and rate duly filled in and other schedules and drawings duly signed after downloading it from MSEDCL website www.mahadiscom.in. Any tender not bearing the signature of the bidder on all the documents accompanying the tender is liable to be rejected. The bidders shall also duly fill in the particulars of bidders and submit connected documents with their tender. 1.07 Tenders duly completed, Sealed and superscribed with the title of the tender and due date of opening on the cover will be received upto prescribed time on the due date and will be opened on the same day at 15.00 Hrs., if possible, in the said office in the presence of such of the bidders or their representatives who may choose to remain present. 1.08 The submission of a tender by a bidders implies that he has read these instructions and has made himself aware of the scope of work, the specifications, the conditions of contract, etc. and the Company will not, therefore, pay any extra charge on any account in case the contractor finds later on to have misjudged the site conditions, specifications or the elements included in the Schedule B items, & Schedule C etc. 1.09 Tenders which do not fulfil any or all the above conditions or are found incomplete in any respect are liable for rejection. 1.10 Payment of Earnest Money as indicated in clause shall be accepted in the form of cash / Bank draft of local branch of any scheduled bank only. Bank draft shall have to be obtained/ pledged in favour of MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO.LTD. without any qualifications. The earnest money will be forfeited the Company in case the successful bidder fails to pay the Security Deposit and do not execute the contract agreement within the prescribed period. Payment of Earnest Money by cheque shall not be accepted. - 4 -
1.11 The contractor on award of the contract will have to pay within the prescribed time mentioned in the letter of intent or work order issued in his favour, the security deposit amounting to 10% of the allotted value of the contract in cash or equivalent securities or in the alternative 5% of value in cash by deducting from R.A. Bills at the discretion of the order placing authority till the full security deposit is recovered or alternatively from the first two R.A. Bills only. 1.12 The contractor on placement of the work order enumerating the contract conditions all within the prescribed period, have to execute a written agreement on the prescribed standard form as per Company s rules. The required stamp fees, etc., necessary for completing the agreement shall have to be borne by the contractor. 1.13 It shall be definitely understood that the Company does not accept any responsibility for the correctness or completeness of the Schedule B for given part and this schedule is liable to alternations by commissions, deductions or addition in item or quantities at the desecration of the Executive Engineer, C.C.O&M. Division, M.S.E.D.CO.LTD., Warora OR his representative as set forth in the conditions of contract and the contractor would be bound to execute all the quantities actually ordered / encountered during execution, at the corresponding tender prices. 1.14 Specific rates are indicated for each item in the schedule. ONE UNIFORM PERCENTAGE rate above or below shall be written both in words and figures by the bidder. The tender documents shall be filled in legibly and free from any erasures, overwriting ambiguity, etc. Unavoidable corrections shall be made by simply striking out by drawing a line over the initial writing, initialing, dating and rewriting separately on along-side distinctly and independently on the same page both in words and figures under the full signature of the bidder. The bidders MUST RETURN THE TENDER SPECIFICATIONS AND SCHEDULE ISSUED TO HIM for the purpose even in case he submits his own typed abstracts. In case the bidder desires to keep any copy of tender specifications and schedules for his record, he may purchase the same at rates already stipulated. The extra copy so issued shall be marked as REFERENCE COPY on its cover and shall not be accepted for submission. 1.15 In the event of a discrepancy between the description in words and figures indicated in the tender documents in the schedules and / or the quotations by a bidder, the DESCRIPTION IN WORDS SHALL ONLY PREVAIL. In the event of an error occurring in the Amount column of schedule B as a result of wrong application of the unit rate and / or quantity the unit rate shall be regarded as firm and Amount column shall be amended on the basis of such unit rates. All errors in totaling in the amount column and in carrying forward totals due to rounding off of the amounts shall not be cognizable. 1.16 This contract on award to any single party, or any part thereof shall not be subject without the written and express permission of the Executive Engineer, O&M.Division, Chandrapur, at any stage of its completion. 1.17 The right to reject all or any of the tenders without assigning any reason therefor is reserved, by the authority accepting the tender. 1.18 No tender will be considered, for acceptance, unless it is accompanied by the latest Income tax Clearance Certificate issued by the Competent Authority in favour of bidder (Photostat copies of I.T.C. should be attached with the tender documents while submission of the tender.) 1.19 Tenders shall remain open for acceptance subject to the provisions of clause 1.18 above, for a period of four months from the date on which they are due for ambition in accordance with clause 1.08 above, and during the period no bidder shall be allowed to withdraw his tender. Any such withdrawal during the said period will entail forfeiture of the Earnest Money deposited by the bidder. Normally no request for refund of Earnest Money during the above period shall be entertained. 1.20 Income Tax will be deducted from the contractor s bills at the rate of 2.3 % together with 8% surcharge there on of the gross value of the bills as per instructions laid down in Govt. of India s Circular ( Income Tax Dept.) F.O. 275/9172 ITJ Circular No. 86, Dated 29.5.1972 unless the necessary exemption certificate from the Income Tax Department authorised for the purpose is produced well in time. - 5 -
1.21 The bidder may seek additional information or clarification, prior to filling in his tender, in writing and the replies offered there to shall form a part of the tender documents and shall be returned with his tender. The bidder may also mention in his tender forwarding letter, any points he may wish to make clear, but the tender accepting authority reserves the right to reject the same or the whole of the tender, should the tender become a conditional tender thereby. 1.22 This Instruction to Bidders shall also form part of the contract document of the written agreement on award of the contract. 1.23 Work contract tax @ 2 % for registered dealer and @ 4 % for unregistered dealer will be deducted. SIGNATURE OF THE BIDDER AUTHORISED SIGNATORY Common Seal of Bidder Seal of the Office ADDRESS : Dated : - 6 -
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. 2 General Conditions of Contract. These General Conditions of contract are intended to define in detail each aspect of instruction to bidders, on the acceptance of the tender by the Competent Authority of the Company and entering into a contract with the bidder, the successful bidder shall there after be designated as the contractor for the work allotted to him and he would be bound to follow these conditions generally applicable to the contract. These conditions shall also govern the contract and shall be considered as a part of the contract documents. Not withstanding anything contained to the contrary in the special conditions of contract following or the specifications of tenders or in the sub-sequent exchange of correspondence upto the acceptance of tender, these General conditions of contract shall prevail and shall be binding on the contractor. No charge or variation from those expressed or implied in these conditions shall generally be made and the contractor shall be deemed and have fully informed himself as to the special force in the provisions of these General Conditions of Contract, modified only to the extent in the particular conditions applicable to that contract. : ORIGINAL TENDER DOCUMENT : 2.01.01 Where the works are alternatively proposed to be executed according to the specifications recommended by a bidder, and so approved by the Competent Authority on behalf of the MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO.LTD., such specifications with designs and drawings shall form part of the accepted tender. 2.01.02 Tender documents and receipts for payments made on account of any work tendered by a firm should be signed by all the partners, except where the contractors are described in their tender as a firm, in that case the receipt shall be signed in the name of the firm by one of the partners, or by some other person having a valid power of Attorney to give effectual receipts of the firm. 2.01.03 Tender documents submitted by the bidder shall bear only the particulars of the bidder at Chapter 4 in this printed booklet and the statement at what percentage above or below the rates specified in Schedule B (Bill of quantities and rates showing the items of work to be carried out) he is willing to undertake the work entered in the memorandum at chapter. Only one rate of such percentage on all the Estimated rates/ Scheduled rates shall be named. Tenders which propose any alterations in the rates of items of works specified in the tender booklet or in the time allowed for carrying the work, or which contain any conditions, will be liable for rejection. Any clarification the bidder would like to offer or any alternative he would like to suggest shall be made separately on a letter covering his tender which shall also be read over and made known at the time of opening of tenders. 2.01.04 All works shall be measured not by standard measurements but according to the rules, custom and usual method used in the MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO.LTD. and more particularly as mentioned in the item wise detailed Technical specifications contained in Schedule of rates. No proposals to adopt alternative modes or lumpsum measures or payments will be accepted. The Executive Engineer in charge s directives as to the usual method to be adopted for measurements shall be final and binding on the contractor where the specific mode of measurements is disputed at any stage of the works by the contractor. 2.01.05 All tenders, except and unless exempted in writing by the Executive Engineer concerned, shall accompany a Solvancy Certificate from the Revenue Department concerned within whose jurisdiction the tender resides, or a Banker s Certificate of his financial stability. - 7 -
2.01.06 All corrections in the tender documents as also all additions or alterations or pasted slips forming part of the original document shall be initialed by the bidder before submission and non-compliance there to shall not constitute any matter for dispute or any stage, after the execution of the agreement with the contractor. 2.01.07 Tender document & the conditions for shifting of energy meter is same as HT/LT line Tender documents. 2.01.08 Rates for Tender for shifting of energy meters should be filled as per Schedule C. 2.02 DEFINATIONS OF CONTRACT TERMS For the purpose of this contract, the following definitions and short titles shall apply. a) The Contract means the document forming the tender and acceptance there of together with documents referred to there in including individual work-order in the case of rate contracts, these conditions, schedules and/or additional conditions attached to the form of tender or individual work order rate schedule, specifications and drawings. All these documents as applicable taken together shall be deemed to form one contract. b) The Tender Documents means the form of tender, alongwith conditions of contract schedules and the specifications and/ drawings as issued to the contractor for the purpose of submission of his tender, together with all its original accompaniments and those later on incorporated on mutual consent. c) The expression Works or Work when used in the conditions of contract shall, unless there be something in the subject or context repugnant to such construction mean the works or the work contracted to be executed under or invirtue of the contract whether original or altered. d) The Contractor means the individual or firm or company whether incorporated or not, person or persons whose tender may be accepted undertaking the works and shall include his or its legal personal representatives, successors and permitted assigns. e) Company means the MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO.LTD. and the Accepting Officer means the officer who signs the contract on behalf of the Company. Authorized Signatory is the officer of the Company duly authorized by the Company by delegation of powers as Competent Authority for invitation and opening of tenders. f) The letter E.E. means Executive Engineer who in the case of Measurement and Lumpsum contracts handles and directs the contract and the letters S.E. means Superintending Engineer and C.E. means Chief Engineer who is the administrative head in the case of the terms of references under the contract. g) The Engineer-In-Charge means an Officer of the Company appointed by the tender accepting authorized to supervise the work or part of the work. h) Approved and Directed means the approval or direction of the Chief Engineer or Superintending Engineer or Executive Engineer the person deputed or so authorised by him for the particular purpose. i) B.S. means the British Standards as issued by the British Standards Institution. A.S. means the American Standards as issued by the American Standards Institution and I.S. means the Indian Standards as issued by the Bureau of Indian Standards. Whenever the above mentioned abbreviations are referred to in the specifications and/or work orders, they mean the edition with all amendments current on the date of issue of the tender document on the date of issue of the tender documents or the work order. Also Specifications means those contained in MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO.LTD. s tender specifications and Schedule together with any amendments, etc. embodied in the tender documents. Drawing refer to the Company s method of construction manual. j) The Contract Sum means the sum calculated in accordance with the prices accepted in the tender and / or the contract rates as payable to contractor for the full and entire execution and completion of work. This shall however be deemed to cover the amount arrived at on the final quantities as measured for the final bill. - 8 -
( P.T.O. ) k) The Date of Completion is the actual date for completion of the work or any part of the work set out in or ascertained in accordance with the individual work order and the tender documents or any subsequent agreed amendments thereto, granted by the Competent Authority. 2.03 SECURITY DEPOSIT The contractor shall within 07 days of the intimation to him of the acceptance of the tender (which may be extended up to a maximum period of one month by the Executive Engineer in case Bank guarantees for large sums exceeding Rupees Twenty Thousand are involved at his discretion, if he thinks to do so) deposit Ten percent of the estimated amount of the tender as security for the performance of the contract. This deposit shall be in cash or in G.P. notes or Fixed Deposit Receipts that may be furnished as prescribed drawn in favour of MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO.LTD. without any qualification, and kept duly discharged. All compensations, damages, costs, charges, expenses and other sums which may be or may be come due to payable by the contractor to the Company under the terms of the contract may be deducted from the cash or the proceeds of sale of the Securities so deposited ( which the officer or person to whom the same may be endorsed as aforesaid is hereby authorized to sell for that purpose or from the interest of any such Securities arising there from or from any sums due or which may become due to the Contractor by the Company, the whole or the balance unapplied as aforesaid of the cash or securities so deposited being repaid or transferred and returned as the case may be to the contractor after the expiry of three months from the date on which the final bill paid or after the Expiry of the date upto which the contractor has agreed to maintain the work in good order, which ever is later.mode of payment of security Deposit and its periodical refund as applicable to any individual contract shall be decided by the Competent Authority depending upon the terms of the contract. 2.04 COMPENSATION FOR DELAY 2.04.01 The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with all due diligence time being deemed to be the essence of the contract. And further to ensure good progress during the execution of the work, the contractor shall be bound, in all cases in which the time allowed for any work exceeds one month to complete and abide by the programme of detailed progress laid down by the Executive Engineer. The normal anticipated financial progress being. a) 25% of the work ( in cost ) within 30% of the time limit. b) 50% of the work ( in cost ) within 60% of the time limit. c) 90% of the work ( in cost ) within 80% of the time limit. With completion of 100% by the prescribed time limit. 2.04.02 In the event of the contractor failing to comply with the condition he shall be liable to pay as compensation an amount equal to one percent or such similar amount as the Executive Engineer ( whose decision in writing shall be final) may decide of the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the total amount of compensation to be paid under the provisions of this clause shall not exceed 10% (Ten) percent of the estimated labour cost of the work as shown in the tender. 2.05 ACTION UNDER CONTRACT AGAINST DELAY. 2.05.01 If the progress of any particular portion of the work is unsatisfactory, the Executive Engineer whose decision shall be final shall not with standing that the general progress of the work is satisfactory, be entitled to take action under clause 2.05.02 (b) following, after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. - 9 -
2.05.02 In any case in which any clause or clauses of the contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his security deposit (where paid in one sum or deducted by installment ) or in the case of abandonment of the work owing to serious illness or death of the contractor or due to any other cause, the Executive engineer concerned on behalf of the Company shall have powers to adopt any of the following courses as he may deem best suited to the interests of the Company. a) To rescind contract ( of which rescission notice in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) and in that case the security deposit of the contractor shall stand forfeited and be absolutely at the disposal of the Company, or, b) To carry out the work of any part of the work departmentally debiting the contractor with the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the unexecuted part of the work completed and crediting him with the value of work done departmentally in all respects in the same manner and at the same rates as if it has been carried out by the Contractor under the terms of his contract. The certificate of the Executive Engineer as to the value of the work so done departmentally shall be final and conclusive against the contractor, or, c) To order that the work of the contractor be measured up and to take such part there of as shall be unexecuted out of his hands, and to give it to another contractor to complete, in which case the expenses incurred on advertisement for fixing a new contracting agency additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to the contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if had been carried out by the contractor under the terms of his contract. The certificate of Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as to the value of the work so done shall be final and conclusive against the contractor. 2.05.03 In case the contract shall be resigned under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for work therefore actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of such work and the amount payable to him in respect there of and he shall only to entitled to be paid the amount so certified. In the event of either of the courses referred to in clauses (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied 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 Company under the contract or otherwise howsoever from his security deposit or the sale proceeds thereof provided, however, the contractor shall have no claim against Company even if the certified value of the work done departmentally of 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 to him by reason of his having purchases or procured materials, or entered into any engagements, or made any advances on account of or with a view to the execution of the work or the performance of the contract. 2.05.04 In any case in which any of the powers conferred upon the Executive Engineer by above clauses hereof shall have become exercisable and the same shall not have been exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall no withstanding be exercisable in any future case of default by the contractor for which by any clause or clauses hereof he is declared liable to pay compensation amounting to whole of his security deposit and the liability of the contractor for past and future compensation shall remain unaffected. In event of Executive Engineer taking action under sub-clause (a) or (c) of clause 2.05.02 he may if he so desires, take possession of all of or any tools, plant, materials, and stores in or upon the - 10 -
works or the site thereof or belonging to the contractor, or procured by him and intended to be used for the execution of work or any part thereof, paying or allowing for the same on 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 whose certificate thereof shall be final. In the alternative the Executive Engineer may be notice in writing to the contractor or to his clerk of work, foreman or authorized agent require him to remove such tools, plant, materials or stores from premises within a time to be specified in such notice, and in event of contractor failing to comply, expenses of any such removal, and the amount of proceeds and expenses of any such sale shall be final and conclusive against the contractor. 2.06 EXTENSION OF TIME LIMIT 2.06.01 If the contractor shall desire an extension of the time limit for completion of the work on the ground of his having been unavoidably 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 contract or before expiration of the period stipulated in the contract or before 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 may, if in his opinion, there are reasonable grounds for granting an extension, permit the contractors to execute the work beyond the contractual time limit without prejudice to the right of the Company for recovery of penalty or liquidated damages and recommend such extension as he thinks necessary or proper. The decision of the Superintending Engineer or the Competent Authority in the Company for the purpose in this matter shall be final which could be subject to review only by the Head Office of the Company. 2.06.02 Where the delay is attributable to the contractor apart from the levy of the penalty or liquidated damages on action as at 2.06.01 above, the payment of the same shall be limited to that on the basis of the scheduled date of completion or the actual date of execution whichever is less. 2.06.03 Where the delay is not solely attributable to the contractor and Extension of time limit is granted without levy of any penalty the Competent Authority may decide the payment based on the actual date of execution. 2.06.04 The time limit for the completion of the work shall be extended in the proportion that the 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 and binding on the contractor. 2.06.05 The contractor shall not be entitled to claim any compensation from the Company for the loss suffered by him on account of delay by the Company in the supply of materials entered in Schedule A where such is caused by, a) Difficulties relating to supply of railway wagons. b) Force measure. c) Act of God. d) Any other reasonable cause beyond the control of the Company. In the case of such delay in the supply of materials the Company shall grant such extension of time for the completion of the works as shall appear to the Executive Engineer to be reasonable in accordance with the circumstances of the case. The decision of the Executive Engineer as to the extension of time on this score shall be accepted as final by the contractor. 2.07 COMPLETION CERTIFICATE On completion of the work the contractor shall be furnished with a completion certificate by the Engineer In-charge of such completion, but no such certificate shall be given for such work shall be considered complete until the works are taken over and or duly tested and put to operation as the case may be nor until the work shall have been measured by the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-incharge, the said measurements being binding and conclusive against the contractor. - 11 -
2.08 MODE OF PAYMENTS. 2.08.01 No payment shall be made for any work estimated to cost less than Rupees One Thousand till after the whole of said work shall have been completed and a certificate of completion has above is given. But in the case of works estimated to cost more than Rupees One Thousand, the contractor shall, on submitting a monthly bill thereof, be entitled to receive payment proportionate to the part of the work then 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 complete, and shall not preclude the Engineer-in-charge from requiring bad, unsound, imperfect or unskillful work to be removed and 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 affect in anyway the powers of the Engineer-in-charge as to the final settlement and adjustment of the accounts or otherwise in any other way vary or affect the contract. The final bill shall be submitted by the contractor or within one month of the date fixed for the completion work, otherwise the certificate of the Engineer-in-charge of the measurement and of the total amount payable for the work shall be final and binding on all parties. 2.08.02 The rates for several items of work estimated to cost more than Rs. 1,000/- agreed to within shall be valid only when the item concerned is accepted as having been completed fully in accordance with the sanctioned specifications. In case where the items of works are not accepted as so completed the Engineer-in-charge may make payment on account of such items at such reduced rates as he may consider reasonable in the preparation of final or on account bill. 2.08.03 A bill shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all works executed in the previous month and the Engineer-in-charge shall take or cause to be taken the requisite measurements for the purpose of having the same verified and the claim so far as it is admissible, shall be adjusted, if possible within ten days from the presentation of the bill in the office of Executive Engineer incharge of the work. If the contractor does not submit the bill within the time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work in the presence of the contractor or his duly authorized agent whose counter signature to the measurement list shall be sufficient warrant, and the Engineer-incharge may prepare a bill from such list which shall be binding on the contractors in all respects. 2.08.04 The contractor shall submit all bills on the standard PWD bill forms (or those printed by the Company ) with abstract of quantities based on joint measurements at site entered in a work measurement book duly counter signed with the endorsement Measurement accepted as running / final etc. and cause it to be presented to the Executive Engineer for arithmetical and check audit, and adjustment of recovery of dues from the contractors and effecting payments. 2.09 SUPPLY OF MATERIAL TO CONTRACTOR. If the specification or estimate of the work provide for the use of any special description of materials to be supplied from the Company s stores or 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 therefore as herein after mentioned being so far as practicable for the convenience of contractor but not so as in any way to control the meaning or effect in this contract specified in the schedule of memorandum here to annexed) the contractor shall be supplied with such material 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 quarterly of materials and stores so supplied shall be set off or deducted from any sums then due or there after to become due, to the contractor under the contract or otherwise, from the security deposit, or the proceeds of sale thereof, if the deposit is held in Government Securities the same of a sufficient portion thereof, shall in that case, be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Company and shall on no account be removed from the site of the work and shall at all times be open to inspection by the Engineer-in-charge. Any such material unused and in perfectly good condition at the time of completion or determination of the contract - 12 -
shall be returned to the Company stores, if the Engineer-in-charge so required by notice in writing gives under his hand, but contractor shall not be entitled to return any such materials except with such consent and shall have no claim for compensation on account of any such materials supplied to him as aforesaid but remaining unused by him or for any wastage or damage thereto. 2.10 EXECUTION WORKS TO DESIGN, SPECIFICATION AND EXTENT 2.10.01 The contractor shall execute the whole and every part of the work in the most substantial and workman like manner as per Company method of construction of lines and both as regards materials and in every other respect in strict accordance with the specifications. The contractor shall also confirm exactly, fully and faithfully to the designs, drawings and instructions in writing relating to the work signed by the Engineerin-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection at such office or on the site of the working during office hours and the contractor shall, if he so requires be entitled at his own expense to make or cause to be made copies of the specifications, and of all such designs, drawing and instruction as aforesaid. The contractor shall however not withstanding be held eligible one certified copy of the contract agreement executed by him complete with all the corresponding work order, copy of the tender documents with the accepted rates and schedules and set of drawings framing schedule thereto, free of cost immediately on his payments the SD and execution of the agreement. 2.10.02 The Engineer-in-charge shall have power to make any alteration in, or addition to the original specifications, drawing designs and instructions that may appear to him to be necessary or advisable, during the progress of the work and the contract shall be bound to carry out the work in accordance with any instruction in this connection which may be given to him in writing, signed by the Engineer-in-charge and such alterations shall not invalidate the contract and any additional work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which he agreed to do the main work, and at the same rates as are specified in the tender for the main work. 2.10.03 Where, however, the work is to be executed according to the designs, drawings and specifications recommended by the contractor and accepted by the Competent Authority the alteration above referred shall be within the scope of such designs, and specifications appended to the tender. 2.10.04 If at any time after the execution of the contract documents the Engineerin-charge shall for any reason whatsoever, require the whole or part of the work as specified in the tender to be stopped for any period or shall not require the whole or part of the work to be carried out at all or to be carried out by the contractor he shall give notice in writing of the fact to the contractor who shall there upon suspend or stop the work totally or partially, as the case may be. In any such case except as provided hereunder the contractor shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full, but which he did not so derive from the execution of the work in full, but which he did not so derive consequence of the full amount of work not having been carried out or on account of any loss he may be put to on account of materials purchased or agreed to be purchased or for compensation by reason of any instructions which may involve any curtailment of the work as originally contemplated, where however, materials have already been purchased by the contractor, before receipt by him of said notice, the contractor shall be paid for such materials at the rates determined by the Engineer-incharge provided they are not in excess of requirements and are of approved quality and/or shall be compensated for the loss, if any, that he may be put to, in respect of materials agreed to be purchased by him, the amount of such compensation to be determined by the Engineer-in-charge whose decision shall be final, if the contractor suffers any loss on account of his having to pay his labour charges during the period during which he stoppage of work has been ordered under this clause the contractor shall, on application, be entitled to such compensation on account of labour charges if in the opinion of the Engineer-in-charge, the labour could have been employed by the contractor elsewhere for the whole or part of the period during which the stoppage of the work has been ordered as aforesaid. - 13 -
2.11 RATES FOR WORKS NOT ENTERED IN SCHEDULE. And if the additional and altered work includes any class of work for shich no rate is specified in this contract, then such class of work shall be carried out at the rates entered in the schedule of rates of the Division or at the rates mutually agreed upon between the Engineer-in-charge and the contractor, whichever are lower subject however to final approval by Superintending Engineer, if the additional or altered work for which no rate is entered in the schedule of Rates of the division is ordered to be carried out before the rates are agreed upon then the contractor shall within seven days of the date of receipt by him of the order to carry out the work inform Engineer-in-charge of the rate which it is his intention to charge for such class of work, and if the Engineer-in-charge does not agree to this rate he shall by notice in writing be at liberty to cancel his order to carry out such class of work, and arrange to carry it out in such manner as he may consider advisable, provided always that if the contractors shall commence work or incur any expenditure in regard there to before the rates shall have been determines lastly herein before mentioned, then in such case he shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of the determination of the rate aforesaid according to such rates as shall be fixed by the Engineer-in-charge charge. In the event of dispute the decision of Superintending Engineer of the circle will be final. 2.12 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK. If at any time before the security deposit is refunded to the contractor, it shall appear to the Engineer-in-charge or his subordinate in charge of the work that any work has been executed with unsound, imperfect or unskillful workmanship or with materials of inferior quality, or that materials or articles provided by him for execution of work are unsound or of a quality inferior to that contracted for or are otherwise not in accordance with the contract, it shall be lawful for the Engineer-in-charge to intimate this fact in writing, to the contractor and then not with standing the fact that the work, materials or articles complained of may have been inadvertently passed, certified and paid for, the contractor shall be bound of forthwith to rectify, or remove and reconstruct the work so specified in whole or impart, as the case may require of if so required, shall remove the materials or articles so specified and in event of his failing to do so within a period specified by the Engineer-in-charge in written intimation aforesaid, the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate for every day not exceeding ten days, during which the failure so continues and in the event of any such failures as aforesaid the Engineer-in-charge may rectify or remove, and reexecute the work and replace the materials or articles complained of as the case may be at the risk and expense in all respects of contractor. Should the Engineer-in-charge consider that any such inferior work or materials as described above may be accepted or made use of, it shall be within his discretion to accept the same at such reduced rates as he may fix therefor. 2.13 WORKS TO BE OPEN TO INSPECTION. All work under or in course of execution or executed in pursuance of the contract shall at all times be open to the inspection and supervision of the Engineer-incharge and his subordinates and the contractor shall at all times during the usual working hours and at all other times at which reasonable notice of the intention of the Engineer-incharge or his subordinates to visit the works shall have been given to the contractor, either himself be present to receive orders and instructions or present for that purpose. Orders given to the contractor s duly authorized agent shall be considered to have the same force and effect as if they has been given to the contractor himself. 2.14 NOTICE TO BE GIVEN BEFORE WORK IN COVERED UP. The contractor shall give no less than five days notice in writing to the Engineer-in-charge or his sub-ordinate in charge of the work before covering up or otherwise placing 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 placed beyond the reach of measurement in writing of the Engineer-in-charge or his subordinate-in-charge of the work, and if measurement without such notice having been given or consent obtained the same shall be uncovered at contractor s expense, and in default thereof no payment or allowance shall be made for such work or for the materials with which the same was executed. - 14 -
2.15 CONTRACTOR S LIABILITIES. 2.15.01 The contractor shall supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works and counting weighing and assisting in the measurement or examination at any time and from time to time of the work or the materials, filing this the same may be provided by the Engineer-incharge at the expense of the contractor and the expenses may be deducted from any money due to contractor under the contract or from his security deposit 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, shall also be bound to bear the expenses of defense of every suit, action or other legal proceedings at law that may be brought by any person for injury sustained owing to neglect of the above precautions and to pay damages and costs which may be awarded in any such suit, action or proceedings to any such persons or which may with the consent of the contractor be paid in compromising any claim by any such person. 2.15.02 If the contractor or his workmen, or servants shall break deface, injure or destroy any part of a line in which they may be working, or any equipment on which the work or any part thereof it being executed, or if any damage shall be done to the work, while it is in progress from any cause whatever or if any imperfections become apparent in it within. Three months of the grant of a certificate of completion, final or otherwise by the Engineer-in-charge, the contractor shall make good the same at his own expense, or in default the Engineer-in-charge may cause the same to be made good by other workmen and deduct the expenses, of which the certificate of the Engineer-in-charge shall be final, from any sums that may then be due or may there after become due to the contractor, or from his security deposit or the proceeds of sale thereof, or of a sufficient portion thereof. 2.15.03 Compensation for all damage done intentionally or unintentionally by contractor s laboures whether in or beyond the limits Company s property shall be estimated by the Engineer-in-charge, or such other officer as he may appoint and the estimate of the Engineer-in-charge, subject to the decision of the Executive Engineer on appeal, shall be final and the contractor shall be bound to pay the amount of the assessed compensation on demand, failing which the same will be recovered from the contractor as damages or deducted by the Engineer-in-charge from any sums that may be due to or become due from Company to the contractor under this contract or otherwise. 2.15.04 The contractor shall bear the expenses of defending any action or other legal proceedings that may be brought by any person for injury sustained by him owing to neglect of precautions to prevent the spread of fire and he shall also pay any damages and cost that may be awarded by the court in consequence. 2.15.05 The contractor shall supply at his own cost all materials (except for those specifically agreed to be supplied by the Company.), plants, tools, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works requisite or proper for the execution of the work, whether in the original, altered or substituted form and whether included in the specifications 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 he is entitled to be satisfied or which is entitled to require together with carriage therefor to and from the work. 2.16 WORK ALLOTTED NOT BE SUBLET. The contract shall not be assigned or sublet without the written approval of the Engineer-in-charge. And if the contractor shall assign or sublet his contract, or attempts so to do or become insolvent or commence any proceeding to be adjudicated an insolvent or make any composition with this creditors, or attempt so to do, the Engineer-incharge may, by notice in writing, rescind the contract. Also if any bribe, gratuity, gift, loan perquisite required or advantage pecuniary or otherwise shall either directly or indirectly be given, promised or offered by the contractor or any of his servants or agents, to any person in the employ of Company in any way relating to his office or employment or if any such officer or person shall become in any way directly or indirectly interested in the contract, the Engineer-in-charge may be notice in writing rescind the contract. In the event of contract being rescinded the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of the Company and in the addition the contractor shall not be entitled to recover or be paid for any work thereof actually performed under the contract. - 15 -