OFFICE OF THE EXECUTIVE ENGINEER, HSAMB, NEW GRAIN MARKET AMBALA INVITING TENDERS NOTICE NO- 4/2015 Sealed tenders on through/prescribed rate basis with reference to Haryana PWD schedule of rates 1988 on prescribed forms obtainable on cash, mentioned against each work from the office of undersigned are hereby invited for the following works from the Marketing Board Contractors for the following works, so as to reach in this office of the Executive Engineer, H.S.A.M. Board, Ambala on the date mentioned against each work. Tenders will be opened on the same date at 3:00 P.M. in the presence of the contractor or their representatives who may like to be present. In case of prescribed date of tenders happens to be public holiday, then tenders shall be received on the next working day at the same time and place. S. No. Tende r No. 1 9815 2 Time Limit In Months Date of receipt/ opening of tenders 46,600/ - Cost of tende r form (In Rs.) 5000/ - Three 10.04.2015 22.80 45,600/ - 5000/ - Three 10.04.2015 Special Repair of link road from Mullana to Buria in the notified area market committee Mullana (Road I.D. H-4365) 70.45 1,40,90 0 5000/ - 4 Months 10.04.2015 Special repair internal roads in extension portion in new grain market and road around F.S. Godown and new vegetable market at Naraingarh. 82.01 1,64,02 0 5000/ - 5 Months 10.04.2015 Name of work Estimate d Cost (In Lacs) Earnest Money (In Rs) Special repair of link road from village Machounda to Ugara in M.C. Ambala Cantt. 23.28 9816 Strengthening and widening of road G.T. road to Buhawa in M.C. Ambala Cantt. 3 9817 4 9818 TERMS & CONDITIONS 1 If the prescribed date happens to be public holiday then the next working day shall be treated as date of opening of bid. 2 The contractors already working in Board shall have to deposit earnest money afresh Earnest money already deposited will not adjusted in any case. 3 The tender forms shall be issued on production of the earnest money in shape of call deposit receipt/demand drafts favour of the Executive Engineer, HSAMB,Ambala of an scheduled. 4 The L & C Societies are required to deposit 1% Earnest Money on the production of the requisite certificate. Manual tender form shall be issued on the production of the proof, the earnest money can be depositing of earnest money Indian Overseas bank , Ambala City ,Account no.163001000004798, IFSC Code- IOBA-0001630 in Favour of Executive Engineer, H.S.A.M.Board, Ambala or in shape of called/demand draft duly pledged in favour of the undersigned on any schedule bank in the state payable at Ambala & on production of the original letter of enlistment. 5 6 Earnest money will not be released before 90 days or allotment of work which ever is earlier. 7 Telegraphic/ambiguous bid involving time and financial implication shall not be accepted. 8 The details of work i.e. estimate DNIT, drawing and other conditions can be seen in the office of the undersigned on any working day during the office hours. 9 The undersigned reserves the right to reject any or all tenders without assigning any reason. 10 10% (ten percent) security will be deducted from all the running bills of the contractors subject to condition that overall amount should not exceed 5% of agreement amount. 1 11 Any type of rebate offered by any agency will be treated as unconditional. 12 The Sale Tax, Income Tax with surcharge and Labour cess as applicable as per Govt. instruction time to time & shall be deducted on gross amount of work done. 13 The agencies enlisted with PWD (B & R) PWD (Public Health), PWD (Irrigation), HUDA, HSIDC, Power Utilities and Railways are also eligible to put in their tenders in HSAMB under appropriate class of their enlistment after depositing one time prescribed enlistment fee in the Board. EXECUTIVE ENGINEER, H.S.A.M.BOARD, AMBALA. PHONE NO. 01712530675 Endst. No. 748-787 Dated:- 20.03.2015 A copy of the above is forwarded for information & necessary action please:1 The Chief Engineer-I, HSAMB Panchkula. 2 3 4 The Superintending Engineer, HSAMB, Panchkula/ Karnal/ Rohtak/ Hissar / Gurgaon, Kurukshetra. The Executive Engineer, HSAMB,(Road I & II) . The Executive Engineer, HSAMB, Kurukshetra/ Karnal/ Panchkula/ Gurgaon/ Jind/ Rohtak/ Jhajjar/ Hissar/ Sirsa/ Bhiwani/ Panipat/ Fatehabad/ Sonepat/ Yamunanagar/ Rewari/ Bhadurgarh. 5 All E.O.-Cum-Secretary, Market Committee in Distt. Ambala. 6 All Sub Divisional Officers in HSAMB, Ambala Division. 7 All the enlisted contractors of the Board. 8 The Notice Board, Divisional Office, HSAMB, Ambala . EXECUTIVE ENGINEER, H.S.A.M.BOARD, AMBALA. PHONE NO. 01712530675 2 Schedule Seq No 1 2 3 4 5 6 7 8 HaryanaPMGSY Stage Release of Tender Contractor Stage - Start Date Expiry Date & Time & Time 25-03-2015 26-03-2015 10:00 17:00 Envelopes - Price Bid 26-03-2015 09-04-2015 Envelope,Technical 17:01 17:00 Envelope Price Bid Online Bid Prepration & 26-03-2015 09-04-2015 Envelope,Technical Hash Submission 17:01 17:00 Envelope Price Bid Technical and 09-04-2015 09-04-2015 Envelope,Technical 17:01 21:00 Financial Lock Envelope Price Bid Re-encryption of Online 09-04-2015 10-04-2015 Envelope,Technical 21:01 13:00 Bids Envelope 10-04-2015 11-04-2015 Open EMD & Technical Envelope 13:01 17:00 Technical/PQ bid 10-04-2015 11-04-2015 Technical Evaluation Technical Envelope 13:01 17:00 Open Financial / Price10-04-2015 11-04-2015 Price Bid Envelope 13:01 17:00 Bid - Download Tender Document 3 TENDER FORM Tender Dated :-10.04.2015 H.S.A.M.B. Form W 4 The Haryana State Agricultural Marketing Board (ENGINEERING WING) Name of the Contractor Name of work:- DETAILED NOTICE INVITING TENDER FOR THE WORK Special repair internal roads in extension portion in new grain market and road around F.S. Godown and new vegetable market at Naraingarh.. Head Clerk______________________ District Division Sub Division Divisional Accountant Scrutinized PERCENTAGE RATE TENDER AND CONTRACT FOR WORK Executive Engineer GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS 1. All work proposed for execution by contract will be notified in a form of invitation to tender pasted on a board hung up in the office of and signed by the Engineer-in-Charge. Construction Office, H.S.A.M.B. 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 tender, and the amount of security to be deposited by the successful tender and the percentage, if any to be deducted from bills. Copies of all specifications, designs and drawings and schedule rates and any other documents required in connection with work, signed for the purpose of other documents, required in connection with the work, signed for the purpose of other documents required in connection with the work, signed for the purpose of identification by the Executive Engineer, shall also be open for inspection by the contractor at the office of Executive Engineer during office hours. 2. In the event of the tender being submitted by a firm, it must be signed separately by each member thereof, or in the event of the absence of any partner, it must be signed on his behalf by a person holding a power of attorney authorizing him to do so. 3. Any person who submits a tender shall fill up the usual printed form, stating at how much percent above or below the rates specified in Rule 1 he is willing to undertake the work. Only one rate of percentage more or than all the Schedule or rates shall be named. Tenders not accompanied by Earnest money and which propose and alternation in the work specified in the said form of invitation to tender, or in time allowed for carrying out the work or which contain any other condition of any sort requiring clarification will be rejected. No single tender shall include more than one works but contractors who wish to tender for two or more works shall submit separate tender for each. Tender shall have the name and number of the work to which they refer out written outside the envelope. 4. The Executive Engineer or his duly authorized Assistant will open tenders in the presence of any intending contractors or their authorized agents who may be present at the time and will enter the amount of the several tenders in a Comparative Statement in suitable form. In the events or a tender being accepted a receipt for the earnest money forwarded therewith shall thereupon be given to the contractor who shall there upon for purpose of the event of a tender being rejected the earnest money forward with such unaccepted tender shall there upon be returned to the contractor making the same. 5. The Competent Authority to sanction the rates shall have the right of rejecting all of or any of the tenders without assigning any reason. __________ Contractor ______________ Witness ________________ Executive Engineer 4 6. The Disbursing Officer may refuse or suspend payments on accounts of a work when executed by a firm or by contractors described in their tender as a firm unless receipts are signed by all the partners, or one of the partner, or some other person produce written authority enabling him to give effectual receptions on behalf of the firm. 7. The receipt of money paid by the contractor to an Accountant or Clerk will not be considered as true acknowledgement of payments to the Executive Engineer and the contractor shall be responsible for seeing that he procures a receipt signed by the Executive Engineer 8. The memorandum of work tendered and the memorandum of materials to be supplied by the Board and their issue rates shall be filled in and completed in the office of the Executive Engineer before the tender form is issued. __________ Contractor ______________ Witness ________________ Executive Engineer 5 TENDER FOR WORKS I/We hereby tender for the Haryana State Agricultural Marketing Board here-in-after referred to as Board of the works specified in the under written memorandum within the specified in such memorandum at* Percent below/above the rates entered in the schedule of rates mentioned in Rule 1 and in accordance in all respects with the specifications, drawing and instructions writing referred to in Rule. I hereof and in clause II of the annexed conditions, and with such material as are provided for an by in all other respects in accordance with the such conditions so far as applicable. MEMORANDUM (a) General description:- DETAILED NOTICE INVITING (a) If several sub-workers are included, they should Be TENDER FOR THE WORK Special repair internal roads detailed in separate list. in extension portion in new grain market and road around F.S. Godown and new vegetable market at Naraingarh. (b) Estimated cost. …….. Rs. 82.01/- Lacs (c) Earnest money … … Rs. 164020/ only (b) This deposit will very from 1 percent to 10 percent of The estimated cost of the Work according to the requirements of the case. (c) The percentage where no Security deposit is taken Would very from 5% to 10% as requirements of the case. (d) 10% (Ten percent) security will be deducted from the all running bills proportionately subject to maximum limit of 5% of total agreement amount. As per chapter 13.11.1 of Haryana PWD code, one half of the security deposit will be refunded on completion of work entered in the M.B. in plus and the other half will be released one year after the expiry of the defects liability period. However the agency should have the option to replace the second half of security with the unconditional bank guarantee. (e) Time allowed for the work from the date months of written order to commence. Time Limit Five months Should this tender be accepted I/We hereby agree to abide by and fulfill all the terms and provisions of the said conditions of contract annexed hereto so far as applicable on in default hereto forfeit and pay to the Board or its successor in office, the sum of money mentioned in the said conditions. The sum of Rs. is herewith forwarded in call deposit Receipt as earnest money the full value of which is to be absolutely forfeited by the Board or its successors in office, without prejudice to any other rights or remedies of the said Board, or its successors in office, should I/We fail to commence the works specified in the above, (the said such of Rs. Shall/retained by the Board on account of the security deposit some specified in clause of the said conditions of contract). Dated the Day of 20 Witness Address Occupation The above tender is hereby accepted by me on behalf of the Board. Dated the Day of 20 __________ Contractor ______________ Witness Give particulars and numbers, Strike out (a) if no security out (b) if any cash securinty deposit is taken Signature of witness to Signature of the officer by whom accepted. ________________ Executive Engineer 6 CONDITIONS OF CONTRACT Security deposit This will be the same Percentage as that in the tender at (C) Clause 1-- The person/persons whose tender may be accepted here in-after called the contractor, shall permit Board at the time of making any payments to him for work done under the contract to deduct such sum as (with the earnest money deposited by him) two percent of all money payable as such deductions to be held by board by way of security the terms of this contract may be deducted from his security deposit from, any account whatsoever, and in the event of his security deposit being reduced by reason of any such deduction the contractor shall with in ten days thereafter make good in cash or Government security endorsed as aforesaid any sum or sums which may have been deducted from his security deposit or any part thereof. Compensation of delay Clause 2.-The time allowed for carrying out the works 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 works shall through the stipulated period of the contract be proceeded with all due diligence time 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 (Executive Engineer) may decide whose decision in writing shall be final on the amount of the estimated cost of the whole work as shown by the tendered for every day that the work remain un-commenced, or unfinished after the proper dates. And further to ensure good progress during the execution of the work the contractor shall be bound in all cases in which the time allowed for any work exceeds one month to complete one fourth of the whole of work before one fourth of the hole time allowed under the contract has elapsed on half of the work, before one half of such time has elapsed and three fourth or with before three fourth of such time has elapsed. In the event of the contractor failing to comply with this condition he shall be liable to pay as compensation an amount equal to one percent such smaller amount as the S.E. (whose decision in writing be final) may decide on the said estimated cost of the whole work for every day that due quantity of work remains incomplete. Provided always that the entire amount of compensation to be paid under the provisions of this clause shall not exceed ten percent of the estimated cost of the work as shown in the tender. Action when whole of security deposit is forefeited. Clause 3 –In any case in which under any clause or clauses of this this contract the contractor shall have rendered himself liable to pay compensation. Executive Engineer on behalf of Board shall have power to adopt any of the following course, as he deem best suited to the interest of Board:Provided that an appeal against action taken buy E.E. shall be with S.E. whose decision in writing shall be final. a) To rescind the contract (of which rescission notice in writing to the contractor 7 __________ Contractor ______________ Witness ________________ Executive Engineer Under hand of the Executive Engineer shall be conclusive evidence) and in which case the security deposit of the contractor shall stand forfeited, and be absolutely at the disposal of Board. (b) To employ labour paid by the Board and to supply materials to carry out the work, or any part of the work, debiting the contractor with the cost of the labour and the price of the materials of the amount of which cost and price certificate of the Executive Engineer shall be final and conclusive against the contractor and crediting him with the value of the work done in all respect in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract, the certificate of the Executive Engineer as to the value of the work done shall be final and conclusive against the contractor. (c) To measure up the work of the contractor, and to take such part thereof as shall be unexecuted out of his hands, and to give it to another contractor to complete, in case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor, if the whole work had been executed by him (of the amount of which excess the certificate in writing of the Executive Engineer shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by Board under the contract or otherwise or from his security deposit, proceed of the sale of material belonging to the contractor to a sufficient rate thereof. In the event of any of the above course being 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 advances on account of, or with a view to the execution of the work or the performance of the contract. And in case the contract shall be rescind under the provision aforesaid, the contractor shall not be entitled to recover or be paid any some for any work there to for actual performance under this contract, unless and until the Executive Engineer will have certified in writing the performance of such work and the value payable in respect thereof, and he shall only be entitled to pay the value so certified. Clause 4 - In the case in which any if the power, conferred upon the Executive Engineer/S.E. by clause 3 hereof, shall have become exercisable and the same not be exercised the non-exercise thereof shall not constitute a waiver of any of the condition hereof and such power not withstanding be exercisable in the event of 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 the whole of his security deposit and the liability of the contractor for past and future compensation shall remain unaffected. In the event of Executive Engineer putting in force any of the power(s) to © vested to him under the proceeding clause he may if he so desires, take possession of all or any tools, plants material and stores, in or upon the works or the site there of belonging to the contractor or procured by him and intended to be used for the execution of work or any part thereof being applicable at current market rates to be certified by the Executive Engineer may be noticed in writing to the contractor or his clerk of the works, foreman or other authorized agency require to remove such tools, plants, materials or stores form the premises within 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 or sell them by auction or private sale on account of the contractor at his risk in all respect, and the certificate of the Executive Engineer as to the expense or any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor. Contractor remains liable to pay compensation if action not taken under Clause 3 Power to take possession or required removal or sell contractor plants. Clause 5 - If the contractor shall desire an extension of the time for completion of the work on the grounds of his having been unavoidably kindered in its execution or any other ground, he shall apply in writing to the Superintending Engineer through the Executive Engineer within 30 days of the date of the hindrance on account of which he desires such extension as aforesaid but before the expiry of time limit the Superintending Engineer/Executive Engineer shall, if in his opinion (which shall be final) reasonable grounds, exits, authorize such extension of time, if any, as may, in his opinion, be necessary or proper, without prejudice to any action taken under clause 2. Extension of time 8 __________ Contractor ______________ Witness ________________ Executive Engineer Contractor to submit a return Every month on any works Claimed as extra or in the Clause The contractor shall deliver in the office of the Executive Engineer on or before the 10th day of every month during the continuance of the work covered by this contract a return showing details of any work claimed for as extra, and such return shall also contain the value of such work as claimed by the contractor, which value shall be based upon the rates and prices return mentioned in the contract. The contractor shall include in such monthly return particulars of claims of whatever kind and however, arising which at the date thereof he has or may claim to have against the Executive Engineer under or in respect, or in any manner arising out of the execution of work, and the contractor shall be deemed to have waived all claims not included in such return and will have no right to enforce and such claims not so included whatsoever be the circumstances. Final certificate Clause 6 Without prejudice to the rights of Board under any clause hereinafter contained on completion of the work, the contractor shall be furnished with a certificate by the Executive Engineer thereinafter called the Engineer-in-Charge of such completion but not completed until the contractor shall have removed from the premises on which the work work has been executed all scaffolding surplus materials, and rubbish, considered to be and cleaned off the dirt from all wood works doors, walls, floors, or other parts of any building in upon or about which the work is to be executed, or of which he may have had possession for the purpose of the execution thereof, and the measurements in the said certificate shall be binding and conclusive against the contractor, if the contractor shall fail to comply with the requirements of this clause as to removal of scaffolding, surplus materials and rubbish and cleaning off dirt on or before the date fixed for the completion of the work, the Engineer-inCharge may, at the expense of the contractor, remove such scaffolding, surplus materials and rubbish and dispose off the same as he thinks fit and clean off such dirt as aforesaid and the contractor shall forthwith pay the amount of all expense so incurred and shall have no claim in respect of any such scaffolding or surplus materials as a aforesaid except for any such actually realized by the sale thereof. Such certificate shall be Given nor shall be given not Shall the work be considered to be. Payment on Intermediate Certificate to be regarding As an advance. Bill to be submitted Monthly Bill to be submitted on printed Form Clause 7- No payment shall be made for works estimated to cost less than rupees one thousand, till after the whole works shall have been completed and a certificate of completion given, but in the case of works estimated to cost more than rupees one thousand, the contractor shall on submitting bill thereof be entitled to receive a monthly payment proportionate to the part thereof when approved and passed by the Engineer-in-Charge whose certificate of suchapproval and passing of the sum so payable shall be final and conclusive against the contractor. But all such intermediate payments shall be final and conclusive against the contractor. But all such intermediate payments shall be regarded as payments by way of advance against the final payment and not as payments for work actually done and completed and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be removed and taken away and reconstructed or re-erected, or be considered as an admission of the due performance of the contract or any part thereof in any respect, or the accruing of any claim, nor shall it conclude, determine, or effect in anyway the powers of the Engineer-in-Charge, under these conditions or any of them as to the final settlement and adjustment of the accounts or otherwise, or in any other way very or affect the contract. The final bill shall be submitted by the contractor with in one month of the date fixed for completion of the work, otherwise Engineer-inCharge certificate of the measurement and the total amount payable for the work accordingly shall be final and binding on all parties. Clause 8 - A bill shall be submitted by the Contractor each month on or before the date fixed by the Engineer-in-Charge for all work executed in the previous months, and the Engineer-in-Charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified, and the claim, as far as admissible, adjusted if possible, before the expiry of ten days from the presentation of the bill if the contractor, does not submit the bill within the time fixed aforesaid, the Engineer-in-Charge may depute a subordinate to measure up the said work in the presence of the contractor, whose counter signature to the measurement list will be sufficient warrant, and the Engineer-in-Charge may prepare a bill from such list which shall be binding on the contractor in all respects. Clause 9 - The contractor shall submit all bills on the printed forms to be had on application at the office of Engineer-in-Charge in the bills, shall always enter at the rates specified in the tender subject to the tendered abatement premium or in the case of any extra work ordered in presence of these conditions and not mentioned or provide for in the tender at the rates hereinafter provided for such works. 9 __________ Contractor ______________ Witness ____________________ Executive Engineer Clause 10 - If the specification of estimate of the work provides for the use any special description of materials to be supplied from the Engineer-in-Charge's stores or if it required that the contractor shall use certain stores to be provided by the Engineer-in-Charge (such materials and stores, and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor, but not so as in any way to control the meaning or effect of this contract specified in the schedule or memorandum here to annexed) the contractor shall be supplied with such materials and stores as required from time to time be used by him for the purpose of contract only and the value of the full quantity of materials and stores so supplied by the rates specified in the said schedule or memorandum may be set off or deducted from any sums then due or hereinafter to become due to the contractor, under the contract or otherwise against from the security deposit. All material supplied to the contractor shall remain the property of the contractor, but shall not on any account be removed from the site or the work without the written permission of the Engineer-in-Charge, and shall at all times be open to inspection by him. Any such materials used on and in perfectly good condition at the time of complete completion or unused and in perfectly determination of the contract, shall be returned to the Engineer-in-Charge's store, if by a notice in writing under his hand he shall so require, but the contractor shall not be entitled to return and such material unless with such consent and shall have no claims for compensation on account of any such materials so supplied to him as aforesaid being unused by him or for any wastage in or damage to, any such materials. Clause 11 - The contractor shall execute the whole and every part of the work in the most substantial and workman like a matter and both as regards materials and otherwise in every respect in strict accordance with the specifications. The contractor shall also confirm exactly, fully and faithfully to the designs, drawings instruction in writing relating to the work signed by the Engineer-in-Charge and lodged in the office and to which the contractor shall be entitled to have access or such or on the site of upon for the purpose of inspection during office hours and the contractor shall if so enquired at his own expenses to make or clause to be made copies of the specifications and of all such designs and instructions as aforesaid. Work to be executed in accordance with specifications drawings orders etc. Clause 11A - The Engineer-in-Charge shall have full powers at times to object to the employment for any workman, foreman or other employee on the works by the contractor and if the contractor shall receive notice in writing from the Engineer-in-Charge requesting the removal or any such man or men from the work the contractor shall have to comply with the request for with. No such workman, foreman or any other employee after his removal form the works by request of the Engineer-in-Charge shall be re-employed or reinstated on the works by the contractor at any time except with the prior approval in writing or the Engineer-in-Charge. The contractor shall not be entitled to demand the reason from the Engineer-in-Charge for requiring the removal of any such workman, foreman or other employee. Clause 12- The Engineer-in-Charge shall have power to make any alternations in or omission form, additions or substitutions for, the original specifications, during, designs, and instructions, that may appear to him to be necessary or advisable during the progress of the work, and the contractor shall be bound to carry out them in accordance with any instructions which may be given to him in writing signed by the Engineer-in-Charge and such alternations, omissions, additions or substitutions shall not invalidate the contract, and any altered, additional or contractor shall be bound to carry out them in accordance with any instructions which may be given to him in writing signed by the Engineer-in-Charge and such alternations, omissions, additions or substitutions shall not invalidate the contract, and any altered, additional or substituted 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 some conditions in all respects on which he agree to do the main work, and at the same rates as are specified in the tender for the main work. The time for completion of the work shall be extended in the proportion that the altered, additional or substituted work bears to be the original contract work, and the certificate of the Engineer-in-Charge shall be conclusive as to such proportion. And the altered additional or substituted work includes any class of work, for which no rate is specified in the contract, then such class of work shall Removal of employees workman and foreman Alternation in specifications and designs Do not invalidate contract. 10 be carried out at the rates entered in the schedule of rates then the contractor shall within 7 days of the date of his receipt of the order to carry out the work inform the Engineer-inCharge of the rate which it is his intention to charge for such class or work, and if the Engineer-in-Charge does not agree to this rate he shall be noticed in writing, be at liberty to cancel his order to carry out such class of work and arrange to carry out in such manner as he may consider advisable, provide always that if the contractor shall commence work or incurred any expenditure in regard there to before the rates shall have been determined as lastly here in before mentioned then and 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 rates as aforesaid according to such rate or rates as shall be fixed by the Superintending Engineer. In the event of a dispute the decision of the competent authority of the Board shall be final. __________ Contractor ______________ Witness Extension of time in consequence or Alteration. ____________________ Executive Engineer No compensation for alteration restriction of work to be Carried out. Clause 13 - If at time after commencement of the work the Board shall not give in or any reason whatsoever not require thereof as specified in the tender to be carried out the Engineer-in-Charge shall be given notice in writing of the fact of the contractor who shall have no claim to any payment of or compensation whatsoever on account of profit and advantages might have derived from the contractor who shall have no claim to any payment of or compensation whatsoever on account of any, profit and advantages, which he might have derived from execution of the work not having been carried out; neither shall he have any claim for compensation by reason of any alteration carried out, nor shall he have any claim for compensation by of any alteration having been made in the original specifications, drawings and instructions which shall involve any curtailment or the work as originally contemplated. Action and compensation Payable in case of bad work. Clause 14- If it shall appear to the CE/SE/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 any inferior description, or that any materials or articles provided by him for the execution of the work are unsound or of a quality interior to that contracted for, or otherwise not in accordance with the contract, the contractor shall on demand in writing from the Engineer-in-Charge specifying the work materials or articles complained of notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified in while or in part as the case may require, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own proper 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 his demand aforesaid, then the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimates for every day not exceeding ten days, while his failure to do so shall continue 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 with others, materials or articles complained or as the case may be at the risk and expense in all respects of the contractor. Rates in case of bad work unsafe structurally can be reduced suitably by Engineer-in-Charge, Decision of the SE in such matters shall be final. (Work to inspection) Clause 15 - All works 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 C.E./S.E./ the Engineer-in-Charge 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-in-Charge or his subordinate to visit the work shall have been given to the contractor either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing present for that purpose. Orders given to the contractor's agency shall be considered to have the same force as if they had been given to the contractor himself. Contractor or responsible Agent to be present Notice to be given before Is covered up. Clause 16 - The contractor shall give not less than five day's notice in writing to the Engineer-in-Charge or his subordinate in charge of the works before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions thereof be taken before the same, is so covered up or placed beyond the reach of measurement any work without the consent in writing of the Engineer-in-Charge or his subordinate in charge of the work and if any work shall be covered up of placed beyond the reach of measurement without such notice having been given or consent obtained, the same shall be uncovered at the contractor's expense, or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed. Contractor liable for damage done and for imperfection for 3 months after certificate. Clause 17 - If the contractor or his work people, or servants shall break, deface, injure or destroy any part of a building, in which they may be working or any building, road fence enclosure or grass land, or cultivated ground contiguous to the premises on which the works on any part of its being executed, or if any damage shall happen to the work, while in progress, from any cause whatever or any imperfection become apparent in it within three months after a certificate final or other, of its completion shall have been 11 given by the Engineer-in-Charge as aforesaid, the contractor shall make the same good 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 expense (of which the certificate of the Engineer-in-Charge shall be final) from any sums that may be then, or at any time thereafter may become, due to the contractor, or from his security deposit or the proceeds of sale of his materials or of a sufficient portion thereof. __________ Contractor ______________ Witness ____________________ Executive Engineer Clause 18 - The contractor shall supply at his own cost all material (except such special materials if any, as may in accordance with the contract be supplied form the Engineerin- Charge's stores) plants, tools, appliances, implements, ladders, cordage tackle, scaffoldings and temporary works requisite for proper execution of the work whether original, altered or substituted and whether included in the specification or other documents forming part of the contract referred to in these conditions or not, or 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 entitled to require together with carriage therefore to any from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works and counting, weighing and assisting to the measurement of examination at an time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer-in-Charge at the expense of the contractor under the contract or from his security deposit or the proceeds of sale thereof, of sufficient portion thereof. The contractor shall also provide all necessary fencing and light required to protect the public from accident, and shall be bound to bear the expense of defence of every suit action of other proceedings, at law that may be brought by any person for injury sustained owing to neglect of the above precautions, and to pay away damages and cost 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 to compromise and claim by any such person. Contractor supply plant ladder scaffolding’s etc. Clause 19 - No female laborer shall be employed within the limits of cantonment. Female labour Clause 19A - No laborers below the age of 12 years shall be employed on the work. Clause 19B The contractor shall pay his laborers not less than the wages paid or similar Work in the neighborhood. Clause 20 No work shall be done on Sundays without the sanction in writing of the Engineer-in-Charge. Work on Sundays Clause 20A In every case in which by virtue of the provision of section 12, sub-section (1) of the workman's Compensation Act 1923, Board is obliged to pay compensation to a workman employed by the contractor in execution of the works. Board will recover from the contractor the amount of the compensation so paid and without prejudice to the rights of Govt. under section 12, sub-section (2) of the said Act, Board shall be liberty to recover such amount or any part thereof by deduction it from the security deposit or from any sum due by Board to the contractor whether under this contractor or otherwise. Board shall not be bound to contest any claim made against it under section 12, sub section (1) of the said Act, except on the written request of the contractor and upon his giving to Board full security for all costs for which Board might become liable to consequence of contesting such claim. Clause 20 B - The contractor shall also be bound by the fair wage clause and Labour regulations appended herewith. Clause 21- The contract shall not assignee or sublet without the written approval of the Executive Engineer. And if the contractor shall assign or sublet his contract, or made any composition with his creditors attempt to do so or if any bribe, gratuity, gift, loan, perquisite regard 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 public officer of person in the employ of Board 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 Executive Engineer may there upon by notice in writing rescinds the contract, and the security/deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of Board and the same consequences shall ensure as if the (Contractor liable for payment of compensation to injured workman or in case of death to his relation) (Work not be subject) (Contract may be rescinded and security subletting, bribing, or it contractor becomes insolvent.) 12 contractor had been rescinded under clause 3 thereof, and in addition the contractor shall not be entitle to recover or be paid for any work therefore actually performed under the contract. __________ Contractor (Sum payable by way of Compensation to be considered as reasonable compensation compensation without Reference to actual loss) Deduction of amounts due to Govt. on any account Whatsoever to in be Permissible from sums Payable to a contractor (Charges in constitution of firm) Arbitration clause. (Works to be under direction of S.E. (Claims for payment of as extraordinary nature to be referred to Govt. for decision). ______________ Witness ____________________ Executive Engineer Clause 22 - All sums payable by way of compensation under any of these Conditions shall be considered as reasonable compensation to be applied to the use of Board without reference to the actual loss or damage sustained and whether or on any damage shall have be sustained. Clause 22A Any excess payment made to the contractor inadvertently or otherwise under this contract or any account whatever and other sum found to be due to Board by the contractor in respect of this contractor any other contract or work order payable by Board to the contractor either in respect ofthis contract or any work order or contract or any other account. Clause 23 - In the case of tender by partners any change in the constitution of the firm shall be forthwith notified by the contractor to the Engineer-in-Charge for his information. Clause 24 - All works to be executed under the contract shall be executed under the direction and subject to the approval in all respect of the Superintending Engineer of the Board for the time being who shall be entitled to direct at what point or points and in what manner they are to be commended and from time to time carried on. Clause 25- No claims for payment of an extraordinary nature, such as claims for a bonus, for extra labour, employed in completing the work before the expiry of the contractual period at the request of the Engineerin-Charge or claims for compensation where work has been temporarily brought to a stand still through no fault of the contractor shall be allowed unless and to the extent that the same shall have been expressly sanctioned by the Board under the signature of its Chief Engineer. *If the matter is not referred to arbitration within the specified period, all the rights and claims under the contract shall be deemed to have been forfeited and absolutely barred. Clause 25 A- It shall be a term of the contract agreement that arbitrator, shall give a speaking award otherwise the award shall be null and void and will not be binding on the parties it shall also be a term of this contract that in any dispute /difference referred to the arbitrator the arbitrator shall not, award interest to the parties on any of the items of contract agreement executed in between the parties, if the arbitrator awards interest the same shall not be binding on the parties. Amended Clause 25A - of the agreement approved by the Board vide Resolution No. 27 Dt. 30.8.94 and conveyed vide Chief Engineer, H.S.A.M.Board, Panchkula's memo No. CEA-V-94/15159 Dt. 25.10.94. If any question, difference or object whatsoever shall arise in any way connected with or arising out of this instruments at the meaning or operations of any part thereof or the rights duties liabilities of other party then save in so far as the decision of any such matter there in before provided for and has been so decided every such matter including whatever according or whether its decision has been provided for and or whether it has been finally divided the contract should be terminated not has been rightly terminated and as regards the rights and obligations of the parties as the result of such termination shall be referred for arbitration to the capable officer to be appointed by the Chief Administrator Board within 180 days viz six months from the date or 13 making final payment to the contractor or when the contractor is not willing to receive the payment from the date of registered notice is sent to him that his final bill is ready for payment and his decision shall be final and binding and where the matter involves a claim for the payment or recovery or deduction of money only the amount if any awarded in such arbitration shall be recoverable in respect of the matter so referred. If the matter is not referred to arbitration within the specified period, all the rights and claim under the contract shall be deemed to have been forfeited and absolutely barred. __________ Contractor ______________ Witness ____________________ Executive Engineer Clause 26 - The contractor shall obtain from the stores of the Engineer-in-Charge all stores and articles which may be required for the work or any part thereof or in making up articles require therefore in connection with; unless he has obtained permission in writing from Engineer-in-Charge to obtain such stores and articles elsewhere. The value of such stores and articles as may be supplied to the contractor by the Engineer-in-Charge will be debited to the contractor in his account at the rates mentioned in the schedule attached to the contract and if they are not entered in the schedule they will be debited at cost price which for the purposes of this contract shall include the cost of carriage and all other expenses which shall have been insured in obtaining delivery of the same at the stores aforesaid. Store of Europeon or American manufacture to be obtained from Government. Clause 26A - Any fluctuations in railway rates which may occur during the subsistence of and affecting freights of any material to be supplied under this contract shall be brought to the notice of the Engineer-in-Charge by the contractor within fifteen days from such date without prejudice to the rights fail to comply with the above requirement any excess or short charge on account of such increase or decrease shall be credited to or recovered from the contractor. No alteration in contract rates shall be admissible in consequence of fluctuation in railway freight when such railways freight is on account material which is required by a contractor in the manufacture of an article to be supplied under this contract, e.g. fluctuations of railway freight on coal required for burning bricks will not be taken into consideration or for an article which forms part of a finished work, for purposes of this clause. Similarly no alteration in rates will be allowed when a manufactured article is transported by rail from place A to place B to form part of a finished work. Function in railway Fright. Clause 27 When the estimate on which a tender is made includes lump sum in respect of parts of the work, the contractors shall be entitled to payment in respect of the items of the work involved, or the part of the work in question at the same rates as are payable under this contract for such items or if the part of the work in questions not in the opinion of Engineer-in-Charge capable of measurement the Engineer-in-Charge may at his discretion pay the lump sum, amount entered in the estimate,. And the certificates in writing of the Engineer-in-Charge shall be final and conclusive against, the contractor within guard to any sum payable to him under the provisions of this clause. Action where no specification. 14 Clause 28 In the case of any class of work for which there is no such specification as is mentioned in Rule 1 such work be carried out in accordance with the distinct specification, and in the event of there being on distinct specification then in such case the work shall be carried out in all respect in accordance with the instructions and requirements of the Engineer-in-Charge. Clause 29 The expression 'work' where used in these conditions shall unless there be something either in the subject or context repugnant to such contractors be constructed and taken to mean the work by or by virtue or the contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional. Clause 30. The percentage referred to at page (3) of the tender apply and also (2) the items work for which rate exist in the Schedule of rates. __________ Contractor ______________ Witness Defination of work. ____________________ Executive Engineer Clause 31 Fair wage Clause (copy enclosed) introduced vide Secretary to Govt. Punjab PWD B&R Shimla Memo No. 118-G dt. 6th November 1951 will binding on the contract and he will strictly follow terms and conditions laid down therein during the execution of the work. Clause 32 East Punjab PWD Contract Labour Regulations referred to in clause of the Fair Wage Clause will be binding on the contractor who is required to carry out this. He will be required to strictly follow the terms and conditions laid down therein. Clause 33 The terms and conditions of the agreement have been explained to me/us and I/we clearly understand them. Schedule showing (approximately) materials to be supplied from the H.S.A.M.Board Store for works contracted to be executed and the rates at which they are to be charged for. Particulars Rates at which the material will be charges to the Contractor Unit Place of delivery Rs. All the material will be arranged by the agency Note:- The person of firm submitting the tender should see that rates in the above schedule filled up by the Engineer-in-Charge on the basis of the form prior to the submission of the tender. 15 (Signature of Contractor) Signature of Witness Signature of Executive Engineer 16 DETAILED NOTICE INVITING TENDER FOR THE WORK SPEICAL REPAIR OF INTERNAL ROADS IN EXTENSION PORTION IN NEW GRAIN MARKET AND ROAD ARROUND F.S. GODOWN AND NEW VEGETABLE MARKET AT NARAINGARH IN THE NOTIFIES AREA OF MARKET COMMITTEE NARAINGARH Estimated Cost : Rs.82,00,900/Sr. No. Description of item. 1 Earth work excavation in ordinary soil exclusive of compensation of earth.(a) Kassi work undressed involving n average horizontal throw upto 2 metres, and an average vertical lift upto 0.05 metre including breaking of clods. Providing and laying 200 mm thick granular sub base consisting of filter layer conforming to Table 400.1 Grading-III of MoRT&H 5th edition, mixing in a mechnical mix plant at OMC, carriage of mix material to the site of work,spreading in uniform layer with motor grader on on prepared surface and compacting with vibratory power roller to achieve desired density complete as per clause No. 401 of MoRT&H specifications. 2 HSR+CP / N.S Earnest Money:- Rs.1,64,020/Limit: 5 Months Qty. Rate Rate in words (In Rs.) Time Unit Amount (In Rs.) 6.2(a) 188.41 Sqm 21.81 (Rs. Twenty One & paise Eighty One only) Per Sqm (Per Square Metre) 4109 .00 A.R. based on HSR+CP & Quarry rate 75.44 Cum 726.66 (Rs. Seven Hundred Twenty Six & paise Sixty Six only) Per Cum (Per Cubic Metre) 54819 .00 17 3 4 5 Providing and laying150 mm thick grangular sub base consisting of drainage layer conforming to Table 400.1 Grading-VI of MoRT&H 5th edition, mixing in a mechnical mix plant at OMC, carriage of mix material to the site of work, spreading in uniform layer with motor grader on prepared surface and compacting with vibratory power roller to achieve desired density complete as per clause No. 401 of MoRT&H specifications. Providing, laying, watering & compacting 75mm thick WATER BOUND MACADUM in 1 layer with BROKEN/CRUSHED stone of 53 mm to 22.4 mm size & screening size, to specified lines, grades & crossections; finished work to be measured confirming to clause-405 MORTH specifications. Providing and Laying surface dressing first coat with stone chipping size 13.2mm @0.01 cum per cqm and bitumen 80/100 grade 1.0kg per sqm including heating bitumen cleaning of road surface mechanically 01manually, including cost of fuel, aggregate and bitumen & rolling with road roller etc. complete in all respect. (Analysed rate of A.R. based on HSR+CP & Quarry rate 170.67 Cum 693.91 (Rs. Six Hundred Ninty Three & Paise Ninty One Only) Per Cum (Per Cubic Metre) 118430 .00 Per Cum (Per Cubic Metre) 1268570 .00 Per Sqm (Per Square Metre) 641689 .00 A.R. based on HSR+CP & Quarry rate 1325.93 Cum 956.74 (Rs. Nine Hundred Fifty Six and Paise Seventy Four only) A.R. based on HSR+CP & Quarry rate 13907.43 Sqm 46.14 (Rs. Forty Six and Forteen Only) Rs.51.27 per Sqm but reduced 10% 18 rates of bitumens items as per decision ) 6 Providing and laying tack coat on existing black top surface including cost of bitumen grade VG-10 as per IS : 73 @ 25 KG/ 100 Sqm. Complete in all respect.(Analysed rate of Rs. 11.11 per Sqm but reduced 10% rates of bitumens items as per decision ) 7 Providing, Laying and compacting 20 mm thick (compacted) open graded Premix Carpet with paver using VG10 grade Bitumen @ 1.46 Kg per Sqm of road, stone chipping ; 13.2 mm size @ 0.018 and 11.2 mm size @ 0.009 Cum per Sqm. (Analysed rate of Rs. 94.22 per Sqm but reduced 10% rates of bitumens items as per decision ) A.R. based on HSR+CP & Quarry rate 13907.43 A.R. based on HSR+CP & Quarry rate 13907.43 Sqm 9.10 (Rs. Nine & paise Ten only) Per Sqm (Per Square Metre) 126558 .00 Sqm 84.80 (Rs. Eighty Four & paise Eighty only) Per Sqm (Per Square Metre) 1179350 .00 19 8 Providing and laying premix B-type seal coat with bitumen and fine aggregate mixed and heated with mechanical mixture including rolling with road roller etc complete including cost of supply of bitumen Grade VG-10 IS:73 @ 0.68KG/100sqm and sand 0.60cum/100sqm complete in all respect as per MORTH specification 511.2.3 (Analysed rate of Rs. 36.05 A.R. based on HSR+CP & Quarry rate 13907.43 Sqm 32.45 (Rs. Thirty Two and paisa Forty Five only) Per Sqm (Per Square Metre) 451296 .00 515.00 (Rs. Five Hundred Fifteen and paisa Zero only) Per Sqm (Per Square Metre) 585967 .00 75.00 (Rs. Seventy Five & Paise Zero Only) Per Cum (Per Cubic Metre) 592583 .00 per Sqm but reduced 10% rates of bitumens items as per decision ) 9 10 Providing & laying 80 mm thick interlocking paver block of all shapes in colors in design mix cement M-40 (450 KG) over a bed of 30 mm thick fine sand complete in all respect as per HSR No. 10.159 (Drived rate with antiskid, plastic moulded and viberated) Earth work on embankment in all kind of soil with minimum CBR value 5% with any lead & lift including dressing and laying inclusive of all sort of compensation of land/earth, as per MORT & H specifications.(Analysed rate of DR DR 1137.80 7901.11 Sqm Cum Rs.126.23 per Cum but rectriced to Rs. 75.00 per Cum) 20 11 12 13 14 Wrought iron and mild steel (using angles, flats, square bars, tees and channels) ladders, grills, gratting frames, window guards, iron doors open able or fixed stair case or parapet or any other type of railing, gates and tree guards etc., including cost of screws and welding rods or bolts and nuts complete fixed in position. Cement concrete 1:2:4 with stone aggregate 20 mm nominal size in payments, roads, taxitracks and runways, laid to required slope and camber, including consolidation, finishing and tamping complete. Earth work in excavation in foundations, trenches, etc.in all kinds of soils, not exceeding 2 metres depth including dressing of bottom and sides of trenches, stacking the excavated soil, clear from the edge of excavation and subsequent filling around masonry, in 15 cm layers with compaction, including disposal of all surplus soil, as directed within a lead of 30 metres (1749.29+38.81) Cement Concrete 1:8:16 with stone aggregate 40mm nominal size in foundation and plinth. 18.12 10.132 6.6 10.28 31.61 2.21 1788.10 38.81 6242.10 (Rs. Six Thousand Two Hundred Forty Two & Paise Ten Only) Per Qtl (Per Quintal) Cum 3533.20 (Rs. Three Thousand Five Hundred Thirty Three & Paise Twenty Only) Per Cum (Per Cubic Metre) Cum (Rs. Fifty Eight & Paise Eighteen Only) Per Cum (Per Cubic Metre) 104032 .00 (Rs. one Thousand Seven Hundred Fifty Two & Paise Fifty Eight Only) Per Cum (Per Cubic Metre) 68018 .00 Qtl 58.18 Cum 1752.58 197313 7808 21 15 16 17 18 19 20 Cement Concrete 1:4:8 with stone aggregate 20mm nominal size in foundation and plinth. Cement concrete 1:2:4 with stone aggregate 20 mm nominal size in payments, roads, taxitracks and runways, laid to required slope and camber, including consolidation, finishing and tamping complete. extra over Item Nos. 10.79 to 10.94, if 1:1 ½:3 mix is used, instead of 1:2:4 First class brick laid in cement sand mortar 1:4 in foundation and plinth. 15 mm thick cement plaster 1:4 on the rough side of single or half brick wall Cement rendering on plaster 1 mm thick TEGA 11.50CM THICK FORMED of first class bricks on end LAID IN CEMENT SAND MORTAR 1:5 AS ABOVE 10.38 249.93 Cum 2310.00 (Rs. two Thousand Three Hundred Ten & Paise Zero Only) Per Cum (Per Cubic Metre) 577338 10.132+ 10.95(a) 184.65 Cum 4011.15 (Rs. Four Thousand Eleven & Paise Fifteen Only) Per Cum (Per Cubic Metre) 740659 Per Cum (Per Cubic Metre) 864494 .00 11.4 290.86 Cum 2972.20 (Rs. Two Thousand Nine Hundred Seventy Two & Paise Twenty Only) 15.10 867.22 Sqm 93.90 (Rs. Ninety Three & Paise Ninety Only) Per Sqm (Per Square Metre) 81432 .00 15.75 867.22 Sqm 25.50 (Rs. Twenty Five & Paise Fifty Only) Per Sqm (Per Square Metre) 22114 .00 (Rs.Sixty Six & Paise Fifty Five Only) Per Rmt (Per Running Metre) 51663 .00 29.4 776.30 Rmt 66.55 22 21 22 FIRST CLASS BRICK ON EDGE 11.50 CM THICK LAID IN IMBURSMENTS IN AND ON 1:5 CEMENT SAND MORTAR AS ABOVE CONSTRUCTING STANDARD DRAIN TYPE II 29.11 29.54 776.30 776.30 Sqm Rmt 285.45 (Rs. Two Hundred Eighty Five & Paise Forty Five Only) Per Sqm (Per Square Metre) 221595 .00 310.50 (Rs. Three Hundred Ten & Paise Fifty Only) Per Rmt (Per Running Metre) 241041 .00 TOTAL 8200878 .00 SPECIAL CONDITIONS 1. The Contractor shall submit Curriculum Vitae of all the technical personnel he had proposed to engage during Construction Phase of the Contract. He can remove/change/substitute any of these approved technical personnel only after obtaining written approval of the Engineer in In-charge. 2. Failure in this regard shall be treated as breach of contract and the contractor shall be liable to pay compensation @ Rs 50,000 per month till the issue is finally decided by the Engineer in In-charge.” 3. The contractor shall ensure that the construction qualifies to be rated at least as “Good” during implementation and “Very Good” when completed by inspecting officers / Consultants / National Quality Monitors. 4. First interim payment shall not become due to the contractor unless and until he has established the requisite laboratory. 5. The Engineer shall have the right to cause audit and technical examination of the Works and the final bills of the Contractor including all supporting vouchers, abstracts etc.. If as a result of such audit & technical examination, any sum is found to have been overpaid in respect of any work done by the Contractor under the Contract or any work claimed by him to have been done under Contract and found not to have been executed, the Contractor shall be liable to refund the amount of over payment and it shall be lawful for Engineer to recover the same 23 from the security deposit of the Contractor or from any dues payable to the Contractor. If it is found that the Contractor was paid less than what was due to him under the Contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid to the Contractor. In the case of technical audit, consequent on which there is a recovery from the contractor, no recovery should be made without orders of Engineer-in-charge whose decision shall be final. All action under this clause should be initiated and intimated to the Contractor within a period of twelve months from the date of completion.” 6. The General Technical Specifications shall be as per SPECIFICATIONS FOR RURAL ROADS, Ministry of Rural Development (August 2004 edition) published by the Indian road Congress, as amended till the date of issue of the notice inviting tender. 7. In the absence of any definite provisions on any particular issue in the aforesaid specification, reference may be made to the latest codes and specification of IRC and BIS in that order. Where even these are silent, the construction and completion of the works shall conform to sound engineering practice as approved by the Engineer and in case of any dispute arising out of the interpretation of the above, the decision of the Engineer shall be final and binding on the contractor. 8. The excavated material shall not be used in the horizontal berms but shall be used in strengthening the slopes. Before start of GSB the excavated material shall be disposed off in the above manner. However, in village portion berms would be reshaped by using the adjacent soil in a manner that as much earth berms is to a slope of 4% away from pavement as possible. 9. In case, there is live pond in any stretch of the road then on the side of the pond the earth berm shall be 3.5m wide at the formation level in this stretch. All drawings included in the contract shall be treated to be amended to that extent. 10. Work of laying inverted choke / GSB first layer shall be commenced only after obtaining permission of the Engineer. Before seeking permission, the Contractor shall cause to document: reach of road, side of road, photograph of bed, date on which rolling of bed completed, density, % finer than 75µm, date of testing CBR value, location where CBR value taken and CBR value at the location. While seeking permission the contractor shall refer to the reach and side and the respective entries in the registers for the reaches where clearance is required and supply the photograph of the bed, results of compaction level of the sub-grade, its field CBR, and % finer than 0.075 mm to enable Engineer’s staff to decide on the permission. 11. The Contractor shall cause notification of hot-mix plant (s) location (longitude and latitude) to the Engineer. 24 12. The contractor shall provide, install, maintain and operate at his own cost in good working condition a weigh bridge of suitable capacity at the site of the hot mix plant. 13. The Projects to be covered from the hot-mix plant shall be clearly conveyed to the Engineer by the Contractor. 14. Each day’s bitumen opening balance and closing balance shall be maintained and clearly documented and conveyed to the Engineer in real time to the prescribed address or at the directed electronic address. 15. Record of a day’s work shall be maintained clearly. Also each day’s item work shall be treated as a module for testing bitumen content and density of the work. 16. Information board fixed would be got repaired (if needed), repainted and rewritten by the contractor. This repair, repainting and rewriting would be treated as incidental to the work. 17. Item of Surface dressing will be kept open or will not be covered with subsequent layer of BM or PC whichever is applicable for inspection/ checking for next 45 days minimum from the date it is notified through e-mail to the Engineer, The Engineer-in-charge will notify the defects with in 20 days from the date of E-mail by agency. 18. Unit rates and prices are quoted in Indian rupees. 19. Where there is a discrepancy between the rate in figures and words, the rates in words shall govern. 20. The item for which no rate or price has been entered in will not be paid for by the Employer when executed and shall be deemed to be covered by the other rates and prices in the Bill of Quantities. 21. Working out of centre line of the road in consultain with Engineer-in-Charge, staking it on site, maintaining control points throughout the construction period; repair & repainting of Project Information Boards, Citizen Information Boards && Logo Boards at the end of construction completion shall not be paid items and will be considered incidental to other items of work. 22. The rate of brick on edge will be calculated in meter and paid as per actual quantity executed at site of work. B:- CONDITIONS EARTH WORK AND OTHER MATERIAL IN THE EXECUTION OF WORKS(EARTH WORK) 25 1. No earth shall be taken from the width of available consolidation path(Right of way) and up to 50 mtr from the outer boundary of consolidation path(ROW) on both sides. 2. A lead of 2 km should be considered for the purpose of estimation, analysis for financial comparison etc only. 3. The payment of earth work in case of construction of link roads & raising of roads will be released as per given below:- (I) 80% of quoted rate will be given for the quantity of earth work executed at site. (II) Another 10% of quoted rates for quantity of already executed earth work will be released after laying the WBM of Grade-1 layer of stone metal for the specific km. (III) Remaining 10% of quoted rates for the quantity of already executed earth work will be released after laying of WBM Grade-II layer of stone metal for the specific km. (BITUMEN TO BE ARRANGED BY THE CONTRACTUAL AGENCY) 1. The receipt of every tanker of bitumen shall be e-mailed by the concerned Executive Engineer within two hours of unloading to S.E./C.E. concerned in the enclosed format as Annexure-I. 2. The unloading of bitumen at plant site will be done in the presence of representative of Board not less than the rank of Sub Divisional Engineer/Junior Engineer. The day-to-day receipt and issue account of bitumen shall be maintained by the agency and will be signed daily by both the S.D.O./J.E.-in-charge and contractor or his authorized representative. 3. The Executive Engineer will send the bitumen indents of refinery to the concerned refinery for verification before the final payment as many fake indents are also available in the market. 4. The details as mentioned in Annexure-I shall be circulated to the nearest divisions of PWD (B&R), HSAMB, HUDA and any other Govt. organization where such works are going on so that the agency may not get counted the same supply of bitumen tanker on both sides. 5. No contractual agency should be allowed to work from the same hot mix plant against two different contracts at one time. If he wants to start work on new other project, he will have to take permission from the concerned Executive Engineer in writing, intimating the balance quantity of bitumen available at plant site. Similarly, he will intimate the quantity of bitumen at the time of restart. The Executive Engineer can give permission in writing only and same should bee-mailed to S.E./C.E. concerned. No verbal permission will be entertained. 6. An undertaking should be taken from the agency during the payment of every bill that:- 26 • He has actually purchased the material as per list enclosed as Annexure-I (the annexure should be part of undertaking). • He has used this bitumen on this work only. • He has not claimed its cost from any other division/office or from anywhere else. • The data submitted by him is totally correct. • He owns full responsibility for the quality & quantity of bitumen and submission of data. 7. For controlling the quantity of mixed material, the following procedure be adopted:- • The Contractor shall arrange a weigh bridge of suitable capacity at site of the hot mix plant under the direction of Engineer-in-Charge or his representative. • Each truck before loading of the mix material shall be weighed on the Weigh Bridge and its weight shall be recorded in the measurement book under the signature of the Contractor or his authorized representative and of the Engineer-in-Charge on behalf of Executive Engineer. • The truck shall again be weighed on the weigh bridge after loading of the mixed material and its weight will be recorded as per prescribed performa. 8. The details of mixed material should be compiled as per following procedure:- • A slip should be issued by JE at the plant site as per Annexure-II. • The slip book should be in triplicate form containing three colour vouchers i.e. Pink, Yellow and White. • White slip shall be retained at plant site, Yellow & Pink shall be sent to work site. Yellow slip shall be returned to J.E. at plant site duly signed by JE & SDE-in-Charge and Pink slip shall be retained by JE-in-Charge. • A register showing these details shall be maintained at site. 9. In corporation of escalation/de-escalation clauses regarding the rates of bitumen in the contract agreements:- 9.1 The frequent increase/decrease in the rates of bitumen can create uncertain conditions for the contractual agencies as well as for the department also. To overcome this problem, the rate of bitumen at the refinery on the date of receipt of tender shall be considered as base rate. If during the execution of the work, the rate of bitumen increases or decreases at the refinery, the difference in cost shall be paid / recovered from the contractor in the bills subject to the conditions mentioned below in pera 9.2 to 9.4. 27 9.2 The bitumen will be arranged by the contractor from approved refinery only. 9.3 The contractor shall submit original bill/ voucher of the refinery while claiming the payment for the work done. The bill/ voucher should pertain to the period of original contractual time limit and should correspond with the progress of work. No extra payment due to increase in rate of bitumen will be paid if the original bill/ vouchers are not submitted by the agency. No increase in prices of the bitumen shall be reimbursed to the contractor beyond the original time period allowed for construction as per contract agreement. 9.4 After approval of tender, the contractor shall submit the work programmed for execution of work and get it approved from the Engineer-in-Charge in the time limit prescribed in the tender document. The increase in rates of bitumen shall only be paid if the bituminous work is carried out within the prescribed period as per the approved work programmed. 10. Bitumen conforming to the I.S. specification latest edition shall be arranged by the agency them selves. The agency will also be responsible for its proper consumption, up keep and safe custody etc. 11. The consumption of bitumen shall be governed by the relevant chapter of HSR/MORTH specifications 2001 alongwith subsequent amendments. 12. Sufficient storage capacity i.e. minimum 100 MT with heating arrangements shall be arranged by the agency. 13. Bitumen to be used on the work shall be heated in boilers only and not in open area. Spray of bitumen shall only be done with mechanical sprayer. The premixing of bitumen and stone aggregates shall be done by hot mix plants of approved make. 14. The loaded tanker of bitumen will be weighed and unloaded in the presence of S.D.O./J.E. in charge and necessary entries will be made in the register for maintaining proper daily account of consumption. 15. In the case of actual consumption of bitumen is less than up to 5% to the specified quantity as per specifications, recovery for less consumption shall be made at current rate of bitumen while in the case of consumption is lesser by more than 5% of the specified quantity, the matter shall be referred to the S.E. for decision as to whether the work can be accepted or not, if the S.E. decides that the work can be accepted, then recovery of less consumed quantity shall be made at double the current rate of bitumen. 16. If the actual consumption of bitumen is more than the specified quantity as per specifications, no additional payment shall be made to the contractor. 17. The bulk bitumen shall be kept in the fenced enclosures to avoid any incident of theft/mishappening. The consequences, if any, shall be of the agency. 28 18. Various quality control operations will be maintained as per PWD specifications 1990, where Haryana PWD specifications is silent, MORTH specifications will be followed. 19. The agency shall arrange suitable measuring instruments at plant site. 20. No extra payment on account of quality control shall be made to agency. 21. In order to check the consumption of bitumen, the following norms/sample of checking shall be conducted: • Bituminous Work - One test for 50 MT quantity and not less than two tests per day. (STEEL FOR REINFORCEMENT AND CEMENT ARRANGED BY THE CONTRACTUAL AGENCY) 1. The Steel of EQRFe-500 grade conforming to ISI 1786, of reputed firms such as SAIL/RINL/TISCO/IISCO only for the use in reinforcement shall be arranged by the agency itself for the use in the work with escalation and de-escalation within the scheduled time. In case of non availability of steel from these companies, the Engineer-in-Charge may allow steel of other reputed firms as approved by him and in such cases, recovery as provided in HSR shall be made. 2. The steel so arranged by the agency shall be weighed at Weigh Bridge. The weighment slip will be produced while delivery of steel at site. The payments shall be regulated as per theoretical weight or actual weight of steel whichever is less. 3. The Engineer-in-Charge will maintain proper account of store regarding supply & consumption of steel supplied by the agency. The bill of the agency shall be entertained after the production of original bill of the firm from which the material has been purchased. 4. Ordinary Portland Cement of 43 grade conforming to ISI standards and of reputed firm as approved by the Engineer-in-Charge shall be arranged by the agency himself for the use on the work at his own cost. The Contractor shall offer three makes of cement BIS marked to the Engineer-inCharge, who in turn, shall approve one make of cement to be used at site. If PPC is allowed to be used by the Engineer-in-Charge, then recovery as provided in HSR shall be made. The cement manufactured by mini cement plants shall not be allowed to use at any cost. The agency shall submit sample test report of the lot of cement arranged for use in the work. The original vouchers/bills of cement procured by the agency shall be submitted to the Sub-Divisional Engineer before the use of cement on the work. The S.D.E./J.E. of the work shall be held fully responsible for the quality of the cement used in the work. 29 Note:- The test certificate from Shree Ram Test House or any other reputed Govt. approved test house shall be supplied by the agency for each lot of cement and steel. The department shall also get the cement and steel tested frequently from any of the following institutions for which charges shall be borne by the agency. (a) Central Road and Research Institute (CRRI) (b) National Council for Cement & Building materials (NCCBM) (c) Indian Institute of Technology Delhi (IITD) (d) Shriram Institute of Industrial Research, New Delhi (SIIR) 5. The original vouchers/bills of steel and cement shall be supplied to the department for verification and payment. 6. When the department is giving responsibility of procurement of cement and steel to the contractors then there is a need to have clauses to compensate for increase/decrease in market prices. To settle this issue, the mechanism described as under should be followed. 7. If after submission of the tender, the price of cement/steel reinforcement bars incorporated in the works increases beyond the prices prevailing at the time of the last stipulated date for receipt of tenders (including extensions, if any) for the work, then the amount of contract shall accordingly be varied and provided further that any such increase shall not be payable if such increase has become operative after the stipulated date of completion of work in question. 8. If after the submission of the tender, the prices of cement/steel incorporated in the works decrease, the Board shall in respect of these materials incorporated in the works be entitled to deduct from the dues of the contractor such amount as shall be equivalent to the difference between the prices of cement/steel as prevailed at the time of last stipulated date for receipt of tenders including extensions if any for the work and the prices of the materials on the coming into force of such base price of cement/steel issued under authority of the Board. 9. It is further clarified that the decrease in the price of cement and steel shall be deducted from the dues of the contractor if such decrease has become operative after the stipulated date of completion of work in question and increase shall not be payable if such increase has become operative after the stipulated date of completion of work in question. 30 10. The increase/decrease in prices shall be determined by the All India Whole Sale Price Indices for cement and steel as published by the Economic Advisor to G.O.I, Ministry of Commerce and Industry and base price for cement and steel as issued under authority of the Engineer-in-Charge as valid on the last stipulated date of receipt of tender including extensions if any and for the period under consideration. 11. In the case of actual consumption of cement/steel is less than upto 5% to the specified quantity as per specifications, recovery for less consumption shall be made at current rate of cement/steel while in the case of consumption is lesser by more than 5% of the specified quantity, the matter shall be referred to the S.E. for decision as to whether the work can be accepted or not, if the S.E. decides that the work can be accepted, then recovery of less consumed quantity shall be made at double the current rate of cement/steel. 12. If during the currency of contract agreement, there is decrease in Govt. Duties/Levies/Taxes, the Board shall pay to the Contractor on reduced rates of Duties/Levies/Taxes etc. If, however, there is increase in rates of Duties/Levies/Taxes during the original term of agreement the same shall be allowed to the Contractor. Provided further that the agencies shall provide documentary proof of payment of such increase Duties/Levies/Taxes to the Board. 13. The amount of the contract shall accordingly be carried out for cement or steel reinforcement bars and will be worked out as per the formula given below:a. Adjustment for component of “Cement” Vc= Pc x Qc x Cl-Cl0 Cl0 Where, Vc= Variation in cement cost i.e. increase or decrease in the amount in Rs. to be paid or recovered. Pc= Base price of cement as issued under authority of 31 Engineer-in-Charge valid at the time of the last stipulated date of receipt of tender including extensions if any. Qc= Quantity of cement used in the works since previous bill. Cl0= All India Wholesale Price Index for cement as published by the Economic Advisor to G.O.I., Ministry of Industry and Commerce as valid on the last stipulated date of receipt of tenders including extensions, if any. Cl= All India Wholesale Price Index for cement for period under consideration as published by Economic Advisor to G.O.I., Ministry of Industry and Commerce. b. Adjustment for component of “Steel” Vs= Ps x Qs x (Sl - Sl0) Sl0 Where, Vs= Variation in cost of steel reinforcement bars i.e. increase or decrease in the amount in rupees to be paid or recovered. Ps= Base price of steel reinforcement bars, as issued under authority of Engineer-in-Charge at the time of the last stipulated date of receipt of tender including extensions, if any. Qs= Quantity of steel paid either by way of secured advance or used in the works since previous bill (whichever is earlier) Sl0= All India Wholesale Price Index for steel (Bars and Rods) for the period under consideration as published by Economic Advisor to G.O.I. Ministry of Industry and Commerce as valid on the last stipulated date of receipt of tenders including extensions, if any. Sl= All India Wholesale Price Index for Steel for the period under consideration as published by Economic Advisor to G.O.I., Ministry of Industry and Commerce. All India Wholesale Price Indices for cement and steel (bars and rods) as published by the Economic Advisor to G.O.I., Ministry of Commerce and Industry, which is available on Website http//eaindustry.nic.in. The base price of cement and steel for operation of above clause for the month of June,2014 onwards till it is further notified by the competent authority is as under and further it should be changed if amendments/revision in the rates will be made at that time:Sr.No. ITEM BASE PRICE (IN RS.) 32 1. Cement OPC 4500 per M.T. 2. Cement PPC 4000 per M.T. 3. T.M.T. Steel Reinforcement Bars 45500 per M.T. SUPPLY OF BRICKS 1) Bricks shall conform to specification No. 3.5 of PWD specification 1990 with upto date amendments. I) OTHER MATERIAL 1. The material shall be from the quarry approved by Haryana PWD B&R Deptt. and shall strictly conform to physical criteria prescribed in MORTH specification ( Latest edition 2000). 2. The work will be carried out strictly in accordance with the Ministry of surface Transport (Road wing) Specification. For road and bridges works (Latest revision MORTH) supplemented by the Haryana PWD specification latest edition 1990 wherever MORTH specification is silent with upto date amendments. 3. To ensure quality of intermediate fraction, test check should be carried out on sample taken from materials. In case material is not found according to specification the entire supply may be rejected. However, the Engineer-in-Charge, if considers it expedient and in the interest of work may allow the contractor to supply the missing fraction upto the quantity as determined by him separately free of cost. 4. The contractor will stack the materials separately for each grading with the help of wooden or steel forms which will be supplied by him and got approved from the Engineer-in-Charge or his representative before use. The Engineer-in-Charge or his representative will count number of stacks built up by the contractor with the help of these forms and test check the quantity in few stacks selected by him. The average volume of material per stock in stacks so checked by the Engineer-in-Charge or his representative will be considered as volume of an average stack and applied to the entire supply or any other rational method to arrive at the quantity used. 5. If the contractor wants to supply any material from any other approved quarry nearer than specified by name in the detailed NIT he will get the approval of Executive Engineer-in-Charge in writing before taking the supply in hand for the same and rates to be paid for such supplies from nearer sources shall be decided by the Executive Engineer or the competent authority. 33 6. The contractor shall store all materials in proper manner so as to avoid contamination, deterioration and accidents. He shall not store or keep any materials, tools and plants in Public through fares except for such, as are required for immediate use on the work. The places where materials are to be stored shall be subject to the approval of the Engineer-in-Charge. The Contractor shall make his own arrangements to clear the place within such time as may be instructed by the Engineer-in-Charge failing which the site shall be got cleared at the risk and cost of the contractor. 7. The contractor shall not occupy or obstruct by his operations, more than ½ (half) of the width, of any road or street. However, in special conditions the contractor shall obtain the consent of the Engineer-in-Charge in writing before closing any road for vehicular traffic and the foot path shall be kept clear at all times. The contractor shall take all the precautions to avoid any accident and for proper guidance of the traffic by providing necessary barriers, reflective cautionary signs/signals speed limit boards, red and green flag and red electric light at nigh, with sufficient number of chowkidars and will take other safety measure, while the work is in progress or while blocking the road or where ever other wise necessary. The material and machinery shall be stocked at the site of work in such a way that there will be no obstructions to traffic and inconvenience to public. No claim shall be entertained on account of such arrangement made by the contractor. The contractor shall be fully responsible for any accidents caused by the neglect of such precautions. In case the contractor fails to comply with the aforesaid arrangements, the same shall be made by the Engineer-in-Charge at the risk and cost of the contractor. 8. To arrive at the actual quantity of payment 12.5%, 10% & 5% deduction shall be made in volume computed by stack measurement as applicable for grading 2 & 3 of course aggregate & stone chipping respectively. 9. The stacking shall be commenced from the end farthest from the source of supply & shall proceed continuously or as desired by the Engineer-inCharge of the work. 10. The quantity control test will be done by the Deptt. & material for such test will supplied by the contractor free of cost. In case the material is not found upto the standard, the same will be rejected. 11. The frequency of different test required shall be as per table 3.1 of the hand book of quantity control for construction of roads and runway I.R.C. specification No. 11 12. Upto 10% variation in grading may be allowed in intermediate sieve on deduction as laid down below: i) Upto 5% variation may be allowed in the intermediate sieve by deduction @5% of the basic quarry rates as applicable on the date of tenders. ii) For variation from 5-10% in the intermediate sieve deduction @10% shall be made on the basic quarry rates as applicable on the date of tenders. 34 iii) No variation beyond 10% on the intermediate sieve shall be accepted. 13. The rates should be inclusive of all charges of quarry operations, royalty for octroi, sales tax, Toll tax and all other taxes and charges liable what so ever may be and nothing extra shall be payable to the agency on this account. 14. The amount of works can be increased and decreased according to the actual requirements of the department without any compensation to the contractor. 15. Material collected in excess shall not be measured and paid for, and if not removed within one month of the final measurements it shall become the property of the Govt. and no claim on this account shall be entertained. 16. At least one authorized representative of contractor should always be available at site of work to take instructions from department officers and ensure proper execution of work. No work should be done in absence of the contractor or his authorized representative. 17. Only actual quantities of work completed and accepted by the Engineer-in-Charge shall be paid for. QUALITY CONTROL 1. The contractor will have to provide a laboratory fully equipped, at plant site for conducting all the relevant tests as mentioned in the PWD & MORTH. Specification latest edition subjected to approval of the Engineer-in-charge or his representative. The record of such tests is to be maintained in a proper register dully signed by the contractor or his representative, which will become the property of the Deptt. The contractor will bear all the running expense for conduction of such test. All the test will be carried out in the presence of S.D.E. Incharge of the work all the entries are to be signed by the contractor, SDE and JE incharge. 2. Quality control operation as per MORTH specification latest addition 2001 (Forth Revision) will be maintained by the agency. 3. Contractor shall also arrange suitable measuring leveling instrument at the site of work at his own cost. 4. No extra payment on account of quality control measures shall be paid to the contractor. 5. The Engineer-in-charge at his discretion can get any type and numbers of tests carried out from any laboratory to his satisfaction for which all the expenses incurred would be born by agency. The result so obtained from the laboratory would be a binding on the agency. 1. MEASUREMENT FOR PAYMENT 35 (A) PREMIX CARPET: i) The premix carpet shall be measures as finished work in square meters. The thickness of premix carpet shall be checked with the help of suitable penetration gauge or other means as directed by the Engineer-in-charge at regular interval as per MORTH specification, latest forth revision 2001. ii) Seal coat shall be measured as finished work in square meters. BITUMENOUS WORK 1. Any portion showing signs of working loose or settlement shall be repaired immediately by the contractor at his own cost. The finished surface shall not have any variation greater than 3mm from three meters straight edge laid parallel to the center line of the road and shall be true to the specified cross section. 2. At the time of start of work the contractor shall get a sample work prepared in presence of Engineer-in-Charge who shall fix up the degree of compaction consolidation expected of a particular item of work and conduct suitable tests at regular intervals to determine how far the work done approaches the desired limit. In case test reveals any deficiency, the contractor shall make good the same without extra payment. 3. Samples of all materials and required for use in the work shall be got approved from the Engineer, Spreading of material should be started only after prior approval in writing from the Engineer-in- Charge after measurement have been recorded in measurement book, accepted by the contractor and test checked by the SDE/E.E.. 36 ADDITIONAL CONDITIONS 1. Work shall be executed strictly in accordance with the Haryana Public Works Department specification Volume I, 1990 (One thousand Nine Hundred and Ninety)/ MORTH/ IRC specification with latest edition upto date corrections , specifications of the estimate and to the entire satisfaction of the Engineer-in-charge. 2. The tender withdraw or modify his tender within ninety days from the date of opening tenders he will be blacklisted and his earnest money forfeited. 3. 10% (Ten percent) security will be deducted from the all running bills proportionately subject to maximum limit of 5% of total agreement amount. As per chapter 13.11.1 of Haryana PWD code, one half of the security deposit will be refunded on completion of work entered in the M.B. in plus and the other half will be released one year after the expiry of the defects liability period. However the agency should have the option to replace the second half of security with the unconditional bank guarantee. 4. The Executive Engineer in charge reserves the option to take away any item of work or any part thereof at any time during the currency of contract and allot it to any other agency with due notice to the contractor without liability of any kind of payment of any compensation. 5. Any material left at site for one month after completion of work shall become the property of the Board and no payment shall be made to the Contractor for the material. 6. The contractor has to make his own arrangement for water, bricks, wood work and every other item require directly or indirectly for completion of work except those provided in DNIT. 7. No pit should be dug by the contractor near the site of work for taking out earth for use on the work. In case of defaults, the pits so dug will be filled in by the department at the cost of the contractor plus fifteen per cent departmental charges. 8. No claim shall be entertained on account of increase in freight, price of labour and material due to any cause whatsoever. 9. Actual quantities of completed and accepted work only will be paid. 10. In case of emergency the contractor shall be required to pay his labour every day and if this is not done Board will make requisite payment and recover the same from the Contractor. 11. The rates given in the attached schedule of rates are Inclusive of octroi, terminal tax, royalty and other local taxes and charges. 12. The contractor will arrange his own tools and plants and make his own arrangement for water required for works. 37 13. Fair wage clauses as per printed sheet attached. 14. The contractor will pay octroi and incidental charges himself & will make his own arrangements for water, bricks and every other item required directly or indirectly for completion of the work. 15. The contractor shall not be entitled to any payment on account of work done till he signs the agreement and the same is accepted by the competent authority. 16. All the concrete work shall have to be done with the use of concrete Mixer as per HSR chapter-10. 17. No carriage or incidental charges will be borne by Board for shifting the material beyond the place where the contractor has agreed to take delivery thereof. 18. The contractor shall be responsible for loss or damages to any material required to be used on work. 19. No claim whatsoever shall be entertained for any loss or damages caused by rains, flood or any other act of God i.e natural calamity. 20. All the charges of royalty, Municipal, Forest or Octroi charges shall be paid by the contractor and are included in his rates. 21. The contractor shall provide at his own cost and expense all labour and materials etc necessary for layout and check of any portion of work whenever required by the Engineer-in charge or his staff and nothing extra shall be paid for that. 22. Over writing in tender is strictly forbidden and tender containing any doubtful figures will be rejected. Correction if any should be properly initialed by the tendering contractors or his authorized representative. 23. Conditional tender will not be considered at all and contractors submitting the conditional tenders are liable to be black listed. 24. The contractor shall be responsible for housing sanitations & medical treatment of the labour employed on the work and shall carry out all the Rules framed on the subject. 25. In the event of his failure to provide any or all the above amenities at Sr.No. 24 the same shall be provided by the deptt and the cost thereof shall be recovered from the contractor. Any dispute regarding the above points shall be settled by the Engineer-in-charge whose decision shall be final. 26. The quantity & shade of paint should be got approved from the Engineer-in-Charge. 27. For plaster and masonry clean rivers and or pit sand will be used subject to the approval by the Engineer-in-charge. 28. The contractor will make his own arrangement for Mixer & Vibrator if so desired by the Engineer-in-Charge. 29. The contractor will have to make his own arrangement for water & curing the concrete & other cement work. 38 FAIR WAGE CLAUSE APPENDIX 7-A (Referred to in Para 7.27) Fair wage clause:- The ‘fair wage clause’ should invariably be inserted in all notices and conditions of contract forms used in this Department. a) The contractor shall pay not less than fair wage to labourers engaged by him on the work. Explanation:- ‘Fair wage’ means wage whether for time or piece work notified at the time of inviting tenders for the work and where such wages have not been notified, the wages prescribed by the Public Works Department, Building and Roads Branch, Haryana, for the district in which the work is done. b) Contractor shall, notwithstanding the provision of any agreement to the contrary, cause to be paid fair wage to labourers indirectly engaged on the work, including any labour engaged by his sub-contractors in connection with the said work, as if the labourers had been directly employed by him. c) In respect of all labour directly or indirectly employed on the works for performance of the contractor’s part of this agreement, the contractor shall comply with or cause to be complied with the Haryana (1) P.W.D. Contractor’s labour Regulations (reproduced in Appendix 7-B) Made by the Government from time to time in regard the payment of wages, wage period, deduction from wages, recovery of wages not paid and deductions unauthorisedly made, maintenance of wage book, wage slip, publication of wages and other terms of employment, inspection and submission of periodical returns and all other matters of a like nature. d) The Executive Engineer or the Sub Divisional Engineer concerned shall have the right to deduct, from the money due to the contractor, any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of contract for the benefit of the workers, non-payment of wages, which are not justified by the terms of the contract or the non-observance of regulations referred to in clause (c) above. e) Vis-à-vis Haryana Govt. the contractor shall be primarily liable for all payment to be made under, and for observance of the Regulations aforesaid without prejudice to his right to claim indemnity from his Sub-contractors. f) The regulations aforesaid shall be deemed to be a part of this contract and any breach their of shall be deemed to be a breach of this contract. -------- 39 NOTE:- Welfare and health of contract labour as per (Regulation & Abolition Act, 1970) and (Regulation of Employment and condition of Service Act, 1996) will be followed strictly by the agency as well as the department. ADDITIONAL CONDITIONS (FOR SUPPLY) 1. The security shall not be refunded till three months after the work has been completed i.e. finally measured by the Engineer-in-Charge. 2. The contractor shall not be entitled to any payment on account of work done till he signs agreement and the same is accepted by the competent authority. 3. The contractor shall be responsible for housing sanitation and Medical treatment of the Labour Employed on the work & shall carry out all the rules framed on the subject. 4. The Royalty and Sales Taxes if any shall be paid by the contractor direct to the respective department in accordance with their rules and regulations in force from time to time without intervention of the Board. 5. Tenders containing doubtful figures will be rejected. 6. The contractor is required to bring water-worn stone boulders. No individual boulder shall weight less than 8 pounds or 3.0 Kgs. at site of work and then these should be broken into proper gauge stone metal. 7. The road material will be free from earth, dust and organic material. 8. No claim for time extension on the basis of rainy season & interruption caused as a result of flooding of natural drains/culverts shall be entertained and considered. It is presumed that the contractual agency takes cognizance of such interruption while tendering & will finish the supply within the stipulated period. (Signature of Contractor) 40 OTHER NOTES & CONDITIONS 1. 10% (Ten percent) security shall be deducted from the all running bills of the agency subject to conditions that overall amount of security should not 5% of agreement amount. As per chapter 13.11.1 of Haryana PWD code, one half of the security deposit will be refunded on completion of work and the other half will be released one year after the expiry of the defects liability period. However the contractor should have the option to replace the second half of security with the unconditional bank guarantee. 2. The rates are for completed work and completed items including cost of labour material and plants etc. unless otherwise specified. 3. The material shall be strictly according to the specifications specified against each item of the work and final payment will be released after satisfactory material/testing report from Shri Ram Institute for Industrial Research Delhi. 4. The earth to be used on work shall be tibba sand, sandy soil and free from leaves and vegetable matter and any other material. 5. Nothing shall be paid for any jungle clearance, which the agency shall have to carry out within the quoted rates. 6. The whole proposed work shall be carried out strictly in accordance with the relevant chapter and specification specified in each above items as applicable for these items with upto date correction/amendments. 7. All the cement concrete in pavement / platforms etc will be laid by weigh batching, mechanically mixed, mechanically trowelled, compacted by using surface vibrator and vacuum dried. But, no additional cost for these operations will be payble. 8. In case of buildings costing rupees one crore or more, all the slab concrete would be laid by weigh batching, mechanically mixed, compacted by using vibrator and vacuum dried. But no additional cost for operations will be payable. 41 NOTES AND CONDITIONS FOR STONE METAL/SOLING 1. The rates quoted by the contractor shall includes the entire cost of royalty compensation Municipal, forest and any other taxes. 2. Whether local or state or central or any other taxes and charges levies as well direct or indirect charges including loading and carriage of Katcha or pucca bad i.e. labour for supply at the destination and nothing taxes shall be paid. The contractor shall have to quote through rates and no premium shall be paid in the rates quoted by the contractor for no schedule items. 3. The gauge of stone metal & stone soling shall be as per MORTH specification. 4. The material shall be supplied only from the nearest approved quarry and strictly and conforming approved specification specified against each item for the above work. 5. In case the contractor makes part supply and does not hand over the material and uses delaying tactics ,the Engineer-in-charge shall have right to employee department labour for breaking the material to proper gauge and restacking at the risk and cost of the supplier besides action uner Clause-II and Clause-III of the contract. 6. If, it appear to the Executive Engineer or his subordinates in-charge of the work that the work has been executed with unpreface or unskillfully workmanship or with material of any inferior description of that any material or articles provided by him for the execution of the work are unsound or a quality inferior to that contracted. 7. The rates quoted by the agency shall be considered as through rates and subject to no premium shall be paid due to market fluctuation, shortage of raw materials or transportation problems. 8. The material collection in excess shall not be measured and if not remove within one month of final measurement shall become the property of the Board and no claims in this account will be entertained. 9. Stacking shall recommended at the end farthest from the sources of supply and shall proceed continuously. 10. In case, agency is allowed to use its own Road Roller then no recovery shall be made on accounts of Road Roller Charges. a) In case where Road Roller is provided by the Department and the rates in case of Road works are given as per notes in Haryana Schedule of Rates 1988 chapter 24, Notes (1) then recovery should be made @ Rs.12/- per hour for running charges of Road Roller as per Haryana Schedule of Rates 1988. 42 b) In case of Departmental Road Roller and the rates may be allowed as per notes given in Haryana Schedule of Rates 1988 Chapter 24 Notes (1) (b) then recovery should be made @ Rs.46.25 per hour for hire and running charges of Road Roller as per Schedule of Rates 1988 Chapter 32 item No. 32.13+ sanctioned premium of Chapter 24 (Road Work) for five hours a day. The diesel oil grease etc are to be used shall be arranged by the contractor at his own cost. If road roller is kept idle by the contractor that recovery of as above mentioned rate per day shall be made from the contractor for idle days. 14. Other items carried out, if any will be paid as per Haryana PWD schedule of rate 1988, IInd edition with upto date correction slips subject to the accepted premium/allotment. 15. All clauses and notes given in the Haryana PWD schedule of rates in metric unit with upto date correction slip shall be applicable to all above rates and items wherever necessary, otherwise specified. 16. The description rates unit etc. of each item shall be treated as per Haryana PWD schedule of rate 1988 (second edition) in case of any error or omission. 17. Items number in brackets referred to above are of Haryana PWD schedule of rate 1988 (second edition). 18. Thickness of RCC shall measure and paid for as per structural sizes designed. 19. Nothing shall be paid for unforeseen delays on accounts of not availability of any kind of material or drawing and design. 20. No premium shall be payable on the items, which are not, provided in Haryana PWD schedule of rates 1988 second edition. 21. Samples of all building materials, doors and windows and other articles required for use on the work shall got approved from the Engineer-in- charge articles manufactured as “First quality” by the manufactured as shall be used. Articles which are not “First quality” shall be rejected by the Engineer-incharge. Reference shall be given to the tested articles which bear the first certification marks are not available, the quality of same brought by the contractor to the site of work, shall confirm to the sample approved which shall be preserved till its completion of work. Final decision of reject the materials shall rest with the Engineer-in-Charge and final bill will be released only after getting the samples tested from Shri Ram Institute for Industrial Research Delhi. 22. The contractor shall provide, such recesses ,holes, opening etc., as directed by the Engineer-in-charge as required for the electrical/sanitary work and nothing shall be payable on this account. 43 23. The contractor shall have to arrange qualified Engineer for work costing more than Rs.5.0 lacs under execution and qualified sectional officer (Diploma Holder) in case of work less than 2 lacs is under execution at site who is competent to take Nishans, layout and understand the plans and other technical details. He should be duly authorized by agency to receive and implement all instructions given by the Engineer-in-charge at site of work. 24. The road material will be free from earth, dust and organic material. 25. Sales tax, Income tax with surcharge and labour cess as applicable time to time will be deducted on the gross amount of any bill paid to the contractor. 26. R.C.C. Hume pipes and collars shall be supplied by contractual agency. 27. In case soil/earth is brought from lesser lead then specified in the D.N.I.T the actual lead involved shall be considered and the rates be reduced proportionately. 28. In case there is any mistake in rates & conditions as mentioned in the allotment letter, the payment of the item will be made to the agency as per quoted rates and conditions in the tender/subsequent undertaking. 29. The measurement of sandy soil/good earth shall be of compacted form/earth. The D.B.D. test of earth shall be born by the agency. 30. Any conditional rebate contrary to the approved DNIT will not be considered for the purpose of being lowest. 31. 1% labour cess will be deducted from all bills of contractor welfare under the section 3 of the building and other construction workers welfare labour cess Act 1996 and registration of establishment under section 7 of the building and other construction workers(regulation of employment and condition of service)Act, 1996. 32. Analysis of rates for non-schedule items which are not provided in the notice inviting tender/ Hayrana PWD schedule of rates 1988 shall be prepared with admissible contractor’s profit & over head charges etc. In case such rates of material and wages of labour involved in the no schedule items are not provided in the Haryana PWD schedule of rates, 1988 the same shall be payable as per actual lowest market rate at the time of execution of work profit and over head charges and for such items of materials the contractor shall be required to producer original vouchers which shall be subject to verification by the Engineer-in –Charge if deemed necessary. The competent authority will approve the rates for non schedule items. 33. The materials shall be supplied from an approved query by the Haryana PWD (B&R) from time to time. The material supplied from any other query without prior written approval of the competent authority shall be rejected and nothing on this account shall be paid/entertain. 44 34. The material for soiling and wearing shall be free from crushed or broken stone and shall be free from excessive flats , soft decade or disintegrated articles , dust or any other objectionable matter , which shall be clean hard tough and durable stone and supplied from approved quarries according to MORTH specifications. 35. The sand shall be stacked on wooden or mud plaster platforms and shall be so stacked has to be of protect adequately from and admixture of clay, dirt, leaves, mud veg. matter dish and other material. 36. No earth shall be borrowed from any Govt. land , in case the agency fails to pay the compensation of earth to the land owners(from the earth is brought) deduction shall be made from the bills & will only be released on production of proper acknowledgement of the owners duly certified by revenue Deptt. Necessary certificate will also be issued by the SDO in charge of the work that the compensation of earth has been paid by the agency. 37. No material shall be accepted if the same is not according to the specified grading and specifications, in case the over gauge materials is involved the same shall have to be broken in to the required gauge by the agency. In case the same is not broken then entire supply shall be rejected if the materials are not in accordance with the grading specified the relevant specifications book. 38. The contractor will pay octroi and incidental charges himself and will make his own arrangement for water, bricks and every other items required directly or indirectly for completion of the work. 39. The third party inspection system for the work costing above 50 lacs is being under taken by the Engineer-in-charge. The third party inspections list of third party are as under. This instruction issued as per letter issued by the C.A. Board vide no. 17746-76 dated 09.11.2010 or any other orgnisation approved by the Board and instructions issued by Board time to time. 1) Indian Institute of Technology, Delhi. 2) Central Road Research Institute, Delhi. 3) Technical Teachers Training Institute, Sector-26, Chandigarh. 4) M/S RITES Limited, Gurgaon. 5) PEC University of Technology and Engineering, Chandigarh. 6) TATA Consultancy Services, Delhi. 7) Chief Engineers and Superintending Engineer (Retired). 8) National Institute of Technology, Kurukshetra. 45 9) Thapar Institute of Engineering and Technology, Patiala (PB). 10) M/S Water and Power consultancy services (I) Ltd. Industrial Area, Gurgaon. 11) M/S Sri Ram Institute for Industrial Research, Delhi. Inspecting agency should issue a certificate that the quality and quantity of material consumed of carried out work as per P.W.D. / I.R.C. / MORTH specification and workmanship is also as per specification all the expanses should be borne by the agency / contractor. The bidder to deposit the earnest money amount and other supported documents only online. The earnest money deposited in Indian Overseas bank, Ambala City in Account No163001000004798, IFSC Code- IOBA-0001630 in Favour of Executive Engineer, H.S.A.M.Board, Ambala as per tender schedule as well as proof of enlistment under relevant class online. Certified that this D.N.I.T. contained ……….......(……………..……………) pages only. EXECUTIVE ENGINEER H.S.A.M.BOARD AMBALA. 46
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