STP Tender Document
STP Tender Document
TENDER FORM
Name of Work: SETTING UP OF SEWAGE TREATMENT PLANT (STP) OF ____ KLD CAPACITY AT
_____ (NAME OF THE VILLAGE) ON THE OPEN TECHNOLOGY
Tender B-1
JUNE-2021
OFFICE OF THE
______________________________
Name of Work: SETTING UP OF SEWAGE TREATMENT PLANT (STP) OF ____ KLD CAPACITY AT
_____ (NAME OF THE VILLAGE) ON THE OPEN TECHNOLOGY BASIS
Sr No Particular Description
1 Estimated cost put to tender
2 Earnest Money Deposit
3 Class of Contractor
4 Cost of Tender Form
5 Type of Tender B-1 Tender
6 Pre-bid meeting
Issued to ________________________
Registered in class_________________
On_______
__________________________
1. SHORT TENDER NOTICE
__________ZILLA PARISHAD
TENDER No:
SETTING UP OF SEWAGE
TREATMENT PLANT (STP)
OF ____ KLD CAPACITY AT
_____ (NAME OF THE
VILLAGE) ON THE OPEN
TECHNOLOGY BASIS
The details of above works, such as Security Deposit, Earnest Money Deposit, Terms & Conditions
of the Tender and Schedule B of works, are available on web site www.mahatenders.gov.in
2. Detailed Tender Schedule
Sr. No. Activities Date Time
1 Publishing Date
2 Document Sale Start Date
3 Bid Submission Start Date
4 Pre-bid meeting
5 Bid Submission End Date
6 Technical Bid Opening Date
7 Financial Bid Opening Date
3. TENDER NOTICE
Name of Work: SETTING UP OF SEWAGE TREATMENT PLANT (STP) OF ____ KLD CAPACITY AT
_____ (NAME OF THE VILLAGE) ON THE OPEN TECHNOLOGY BASIS
Sr No Particular Description
1 Estimated cost put to tender
2 Earnest Money Deposit
3 Class of Contractor
4 Cost of Tender Form
5 Type of Tender B-1 Tender
Notes:-
1) The tender application along with the financial bid (BOQ), submitted without essential
Technical documents (As mentioned in Notice Inviting Tender), will be rejected. Also
documents submitted by Fax will not be accepted. All the copies of the document should be
duly attested in original. Experience certificate should be signed not below the rank of
Superintending Engineer.
2) Cost of Blank Tender Forms & the necessary E.M.D.(as given in Detail Tender Notice) will
have to be deposited online through E-Payment in ________name of bank & should be drawn
in favour of the CHIEF EXECUTIVE OFFICER ________________ copy of the online E-Payment
receipt should be submitted in hard copy in a sealed envelope along with the documents
necessary for qualifications of Technical Bid, on or before the Time & Date of Bid
Submission given as per given schedule. The bank account detail are as follows.
3) Detailed Tender Notice & Conditions can be seen on the govt. website
http://www.mahatenders.gov.in.
4) Right to reject any or all tenders without assigning any reason is reserved by the
competent authority of _______________ ZILLA PARISHAD.
5) Blank tenders forms will not be issued and accepted by post or courier .
6) The offer of the contractor will be valid for 120 days from date of opening of tender.
7) The validity of registration should be valid at least till the last date of submission of tender,
It is necessary to renew the registration before issue of work order.
8) The agency will have to start all the work simultaneously and shall have to complete
within the time limit.
Scanned copy of original Declaration in this regard shall be submitted by the Contractor/
Firm in the same form which is attached herewith to be enclosed in original in Envelope No.1
(Declaration regarding installation of modern drum mix plant in specimen proforma
attached herewith.)
__________________________
4. LIST OF DOCUMENT OF TO BE SUBMITTED ALONG WITH TENDER
8 Detail Tender Form Detailed Tender Form –B-1 Tender with Sign.
The above said documents No.1 to 10 are to be Scanned and uploaded along with this E-Tender by
the contractor himself or his representative and hard copies of document no.1 to 10 must be
submitted in a sealed envelope on or before the date & Time of Bid Submission end date, to the
office of, CHIEF EXECUTIVE OFFICER,_______ ZILLA PARISHAD.
5. CHECK LIST
List of all documents, forms, statements, specifications, conditions, schedules, drawing etc. which
are to be submitted in hard copies along with the documents required as per NIT.
2. Details of work similar type and magnitude carried out by the Tenderer.
3. Details of other works tendered for and in hand ( with value of remaining unfinished
work ) as on the date of submission of tender.
7. The contractor should fill in the percentage in B-1 form (BOQ i.e. Financial Bid) in figure
and words.
Note: - All above documents including this list must be signed by the tenderer. The Tenderer
shall also submit along with the tender, the drawings enclosed herewith, duly signed.
6. DETAILED TENDER NOTICE
1. Earnest Money Deposit – 1% of tender cost
2. Security Deposit – 1% EMD will be converted to Security Deposit and balance 4% will be
recovered from R.A. Bills so that 100% security deposit shall be made by the time 50% work
is complete, to make up the total security deposit 5%. Total Security Deposit – 5%
3. Validity Period – The offer of the contractor shall remain valid for 120 days from the date of
opening of tender.
5. Right is reserved to revise or amend the contract documents fully or part thereofprior to the
date notified or amended for the receipt of tender. Such deviations/ amendments if any
shall be communicated in the form of corrigendum or a by letter as may be considered
suitable.
6. Rights are reserved to reject any or all tenders without assigning any reason thereof.
7. Tenders which do not fulfil all or any conditions or are incomplete in any respect are liable
to summary rejection.
8. Earnest Money :-
The total security deposit will be 5% of Estimated cost or total accepted tender cost which
will be more.
a) 1% as a E.M.D , of Estimated cost
b) Remaining 4 % Security Deposit will be recovered through each Running Bill so that
100% security deposit shall be made by the time 50% work is complete, to make up
the total security deposit 5%
c) Security deposit will be refunded as per Clause 1 of B-1 Form.
d) Stamp Duty necessary for the agreement to be made with the successful bidder
(tenderer) & the CHIEF EXECUTIVE OFFICER_______________ ZILLA PARISHAD
_______________will be borne by the Contractor. The stamp Duty will be Rs. 100.00 for
First 10,00,000.00of the accepted tender Value &Rs. 100.00 for every amount of Rs.
1,00,000.00 after That. The total stamp duty may be in the form of Non Judicial Stamp
Papers or paid through' franking.
e) Additional Security Deposit –
1) In case the contractor has quoted the offer for tender below the estimated cost,
then the contractor shall have to pay additional Performance Security in the
form of DD/BG of the amount as mentioned below:
i. No additional performance security deposit will have to be paid if the tender
offer is received up to 1% below the estimated cost, however if the offer
quoted is 1.01 to 10% below the estimated cost, then the additional
Performance Security amount shall be 1% of the estimated cost.
ii. If the offer quoted is more than 10% below up to 15% below the estimated
cost, then the additional performance security deposit shall be equal to the
amount of percentage more than 10% below + the amount as per (a) above.
(For example, if the tender received at 14% below, the additional
performance security shall be – up to 10% = 1% + (14% -10%) = 1 + 4 =
Total 5% of the estimated cost).
iii. If the offer quoted is more than 15% below the estimated cost, then the
additional performance security deposit shall be equal to double the amount
of percentage more than 15% below + 1% for each percentage beyond 10%
up to 15% + the amount as per (a) above. (For example, if tender received at
19%below equal to for first 10% below 1% + (15-10=5) + 2 X (19-15=4))
=1% + 5% +8% = 14%).
2) The contractor shall submit the original DD/BG from Nationalized Bank towards
additional performance security within 8 working days from the date of opening
of financial bid.
10. PERIOD OF COMPLETION :-
________ Calendar months from date of issue of work order (Including monsoon
season) for completion of works, No extension will be granted and compensation on
account of delay.
The intending tenderers shall apply to CHIEF EXECUTIVE OFFICER, ___ _______________
along with necessary documents. The right to reject any application without
assigning any reason is reserved by the competent authorities of _______________ ZILLA
PARISHAD
Contractor must have completed work of similar type Sewage Treatment Plant/
Faecal Sludge treatment plant) during last five years ending last day of month previous to
the one in which applications are invited should be either of the following:
a) One similar completed work capacity not less than the work equal to 80% of the capacity
(__ KLD) put to tender
OR
b) Two similar completed work capacity not less than the work equal to 50% of the capacity
(__ KLD) put to tender
OR
c) Three similar completed work not less than the work equal to 40% of the capacity (__
KLD) put to tender
Similar work defined as Design, Construction, Commissioning and Operation & Maintenance
of Sewage Treatment Plant / Fecal Sludge Treatment Plant.
The Tenderers shall provide the information about Experience of having successfully
completed similar works as per the qualification criteria above in the Qualification form
enclosed. (Statement No III)
The Bidder can propose any treatment scheme in which Sewage treatment process is as per technology
list as per Cl. No. 9.1
If the Bidder is proposing proprietary technology not owned by /not licensed to the Bidder, then the
Bidder shall include the MoU with the Technology Provider in his Bid as per the format given. Client /
End-user certificates shall be enclosed for the proposed technology to demonstrate that Sewage
treatment facilities of minimum 10 KLD capacities with natural technology as per cl no. 9.1 have been
operating successfully for last 1 year for the nominated technology provider. The reference plants to be
working in climatic conditions similar to conditions in Indian Subcontinent.
a. The Contractor should have bid capacity equal to or more than estimated cost of
Tender. The bid capacity calculation statement in following for submitted along with
the application form pre-qualification with necessary documents.
Bid capacity = A x N x 2 - B.
N = No of years prescribed for completion of the work for which present bids are invited.
A= Maximum value of Civil Engineer Works executed by the Contractor in any one year in
previous three years upgraded to present year ( i.e. tender expected year ) by adding 10%
per year from year of execution of that work.
Turnover during any one year out of last three (2018-19, 2019-20, 2020-21) years should be
equal to or more than 75% of the annual outlay of the tender work. Necessary documents
should be produced along with the pre-qualification application.
Technical opening will be on as per given in detailed schedule, and Financial opening
will be done after Technical opening.
a) The date and time for online submission of bids (Technical & Financial) shall strictly
apply in all cases. The tenderers should ensure that their tender is prepared online
before the expiry of the scheduled date and time and then submitted online before the
expiry of the scheduled date and time. Offers not submitted online will not be
entertained.
b) If for any reason, any interested bidder fails to complete any of online stages during the
complete tender cycle, client will not be responsible and any grievance regarding that
shall not be entertained.
c) The tender submission will be in two envelopes (Technical Bid & Financial Bid). The
technical Bid will be done manually as well as online. Whereas Financial Bidding (BOQ)
will be done online only.
The documents mentioned in the NIT must be loaded online as technical Bid. Also the
attested copies of documents given as sr.no.1 to7 , along with the copy of the online E-
Payment of blank tender form fee & E.M.D receipt ,should be submitted in hard copy in
a sealed envelope along with the documents necessary for qualifications of Technical
Bid, on or before the Time & Date of Bid Submission given as per given schedule.
e) The Financial Bidding will be the quoted rate in % above or below the cost put to the
tender & will be quoted in the B.O.Q. The BOQ with the quoted rate has to be uploaded
online. The B.O.Q. is excluding of applicable GST and royalty charges. The bidder shall
receive GST in addition to the quoted rate as applicable as per actual.
17. OPENING OF TENDER
The online Technical opening will be held in the office of the Chief Executive Officer, ___
The Financial opening will be done online only. The % rate of the cost put to the tender as
mentioned in the BOQ will be arranged automatically by online process & a comparative
chart will be prepared. The bidder (Tenderer) who quotes the lowest rate will be declared
as successful bidder & may be called for negotiation if required.
The tender would be received in e- tendering process which is available on web site.
http:// www.mahatenders.gov.in
The right is reserved to revise or to amend the contract documents prior to the date of
submission of tender or the receipt of the tender or to extend the date said above. Such
revisions, amendments or extension if any shall be communicated to all concerned in the
form of corrigendum on line or by notice in the press as may be considered suitably.
Right to reject any or all tenders without assigning any reasons is reserved by the
competent authority, whose decision will be final and legally binding on the tenderers.
The Work Contract Tax is to the Contractor’s account. The tax will be deducted at source by
the Account Department _______________ ZILLA PARISHAD, _________________. as per the
directives of the Sales Tax Department in a vogue from time to time during the operation of
contract. Work contract tax is not reimbursable.
23. Payment
The tenderers must understand clearly that the rates quoted are for completed work and
include all costs due to labour, all leads and lifts involved and if further necessitated,
scaffolding plant, supervision, service works, power,
Royalties, octroi taxes etc. And to include all to cover the cost of lighting on night work if any
and round the clock work as and when required and no claim for additional payment
beyond the prices or rates quoted will be entertained and the tenderers shall not be entitled
subsequently to make any claim on the ground of any representation or on any promise by
any person (whether member in the employment of any public works department or not )
or on the ground of any failure on his part to obtain all necessary information for the
purpose of making his tender and fixing the several prices and rates therein relieve him
from any risks or liabilities arising out of the tender.
Payment will be made as per availability of funds from _______________ ZILLA PARISHAD,
_________________’s Office. No extension shall be granted on this ground.
During the execution of work or till the completion of work, after completion of defect
liability period, if royalty raised by the Dist. Collector / Revenue Dept. amount involved will
have to be paid by the Contractor only. Such certificate of payment of royalty or NOC from
said Authority is necessary. Without which No Payment of Final bill or Refund of Security
Deposit will be made.
25. Any dispute arising between _______________ ZILLA PARISHAD , _________________ and Contractor
as to the contract terms and conditions shall be subject to the _______ Jurisdiction.
26. If it is found that sufficient funds are available and if the contractor delay’s work first as per
clause 2 of accepted tender the action will be taken. Even after the action as per clause 2 the
contractor fails to show proper progress of work, Notice of 10 days will be served on
contractor and his registration will be suspended for three years.
Mobilization Advance or Advance against material procured on site by contractor will not be
given to the Contractor
Secured Advance against steel supplied by the contractor will not be given to the Contractor
The contractor has to submit detailed date wise programme of execution of work duly
signed before starting of work.
30. ERASER
Persons tendering are informed that no erasers of any alterations by them in the text of the
documents set herewith will be allowed and any such eraser or an alteration will be
disregarded. If there is any error in writing, no overwriting should be done but the wrong
words or figures should be struck out and the correct one written above or near it in an
unambiguous way. Such correction should be initialled and dated. No live electric lines
should be allowed to run along the ground in the blasting zone and they should be at least
about 10
i) The wiring cable should not be taken near the live electric line and it should be
preferably shot firing cable as supplied by the supplier of explosives. If such a cable
is not available a substitute cable recommended by the explosive suppliers should
only be used. Under no circumstances should cable made up of several pieces
jointed and tapped be used.
ii) The blasting shed from where the exploder is to finally operated should be at least
150 meter away from the area to be blasted. It should have a strong roof which can
with stand the impact of flying stones at this range.
iii) Only trained hands should be allowed to handle explosives, cable
detonators etc.
32. TREASURE TROVE:
In the event of discovery by the Contractor or his employees, during the progress of the
works of any treasure, fossils, minerals or any other articles or value of interest, the
Contractor shall give immediate intimation thereof to the Engineer such treasure of things
which shall be the property of the ZILLA PARISHAD.
The contractor shall himself engaged an authorized all time representative on the work
capable of managing and guiding the work and understand the specifications and contract
condition. A qualified and experienced, Engineer shall be employed by the contractor as his
agent for technical matters in case the Engineer-in-charge considers this as essential for the
work and so directs contractors. He will take orders as will be given by the Executive
Engineer or his representative and shall be responsible for carrying them out.
This agent shall not be changed without prior intimation to the Executive Engineer and his
representative on the work site. The Engineer-in-charge has the unquestionable right to ask
for change in the quality and strength of contractor’s supervisory staff and to order removal
from work of any of such staff. The contractor shall comply with such orders and effect
replacements to the satisfaction of the Engineer-in-charge. A work order book shall be
maintained on site and it shall be the property of the Government and the contractor shall
promptly sign orders given therein by the Executive Engineer or his representative and his
superior officers and comply with them. The compliance shall be reported by the
Contractor to the Engineer in good time so that it can be checked. The blank work order
with machine numbered pages will be provided by the Department free of charge for this
purpose. The contractor will be allowed to copy out instructions therein from time to time.
The Contractor shall be responsible for the quality of the work in the entire
construction work within the contract. He shall, therefore, have his own
independent and adequate set up for ensuring the same.
36. Zilla Parishad will make available motorable road, electricity supply and water (potable and
for construction) upto the project site.
37. MISCELLANEOUS
1. For providing electric wiring or water lines etc. recesses shall be provided if
necessary through walls, slabs, beams etc. and later on refilled it with bricks or
stones, chipping cement mortar without any extra cost.
2. In case it becomes necessary for the due fulfilment of contract for the Contractor
to occupy land outside the Department limits, the Contractor will have to make
his own arrangements with the land owners and pay such rents, if any, are
payable as mutually agreed between them.
3 The Contractor shall duly comply with the provision of the Apprentices Act 1961
(iii of 1961) and the rules and orders made there under from time to time under
the said Rules and on his failure or neglect to do so he shall be subject to all the
liabilities and penalties provided by the said Act and Rules.
4 It is presumed that the Contractor has gone carefully through the Standard
Specification (Vol. I & II 1981 Edition) M.O.R.T. & H specifications (edition 2001)
and Schedule of Rate of the division, and studied the site conditions before
arriving at rates quoted by him. The special provisions and detailed specification
of wording of any item shall gain precedence over the corresponding contrary
provisions (if any) in the standard specification given without reproducing the
details in contract. Decision of Engineer-in-charge shall be final in case of
interpretation of specification.
5 If the standard specifications fall short for the items quoted in the schedule of this
contract reference shall be made to the latest Indian Standard specifications, I.R.C. codes. If
any of items of this contract do not fall in reference quoted above, the decision and
specifications as directed by the Engineer-incharge shall be final.
6 The stacking and storage of building materials at site shall be in such a manner as to
prevent deterioration or inclusion of foreign materials and to ensure the preservation of the
quantity, properties and fitness of the work. Suitable precautions shall be taken by
Contractor to protect the materials against atmospheric action fire and other hazards. The
materials likely to be carried away by wind shall be stored in suitable stores or with suitable
barricades and where there is likelihood of subsidence of soil, heavy materials shall be
stored on paved platforms. Suitable separating barricades and enclosure as directed shall be
provided to separate materials brought by contractor and from different sources of supply
_________________
8. STATEMENT (to be filled by the bidder)
STATEMENT I
DETAILS OF OTHER WORKS TENDERED FOR & IN HAND ON THE DATE OF SUBMISSION
OF TENDER
1 2 3 4 5 6 7 8
STATEMENT IV
DETAILS OF PERSONNELS WITH THE TENDERER
1 2 3 4 5 6 7
STATEMENT V
STATEMENT SHOWING COST OF WORKS EXECUTED/COMPLETED IN LAST THREE YEARS
(YEARWISE)
Sr. No. Name of work Years Year wise cost of work Remarks
Executed
2017-18 2018-19 2019-20
1 2 3 4 5 6 7
STATEMENT VI
TURNOVER & attested CA certificate to be attached
9. DECLARATION OF THE CONTRACTOR
I/We ___________________________________________________________
Here by declared that I/We have made myself/ ourselves thoroughly conversant with the
subsoil conditions, Local conditions regarding all materials (Such as Stone, Murum, Sand,
etc.) and labour of which I/We have based my/Our rates for this work. The specification,
conditions, bore results and lead of materials on this work have been carefully studied &
under stood by me/Us before submitting this tender. I/We undertake to use only the best
materials approved by the CHIEF EXECUTIVE OFFICER or his duly authorized assistant,
before starting the work & to abide by his decision.
Signature of
Contractor(s)
10. FORM B-1 TENDER
General Rules and Directions for the Guidance of Contractor
This form will state the works to be carried out as well as the date for submitting
and opening tenders, and the time allowed for carrying out the work, also the
amount of earnest money to be deposited with the tender and the amount of the
security deposit to be deposited by the successful tenderer and the percentage, if
any, to be deducted from bills. It will also state whether a refund of quarry fees,
royalties, dues and ground rents will be granted. Copies of the specifications,
designs and drawings, estimated rates, scheduled rates and any other documents
required in connection with the work shall be signed by the CHIEF EXECUTIVE
OFFICER ___ _______________ ZILLA PARISHAD _______________ _ for the purpose of
identification and shall also be open for inspection by Contractors at the office of
the CHIEF EXECUTIVE OFFICER/ Municipal Engineer , ___
2.i )The Contractor shall pay along with the tender the sum of Rs. Equal to _% of
Estimate cost as shown in tender notice and by way of earnest money online. The
said amount of earnest money shall not carry any interest whatsoever.
(ii) In the event his tender being accepted, subject to the provisions of sub-
clause (iii) below, the said amount of earnest money shall be appropriated
towards the amount of security deposit payable by him under condition of
General Conditions of Contract.
(iii) If, after submitting the tender the Contractor withdraws his offer or
modifies the same, or if after the acceptance of his tender, the Contractor
neglects to furnish the balance amount of security deposit without prejudice any
other rights and powers of the CHIEF EXECUTIVE OFFICER, _______________ ZILLA
PARISHAD , _________________ here under or in law, CHIEF EXECUTIVE OFFICER,
_______________ ZILLA PARISHAD , _________________ shall be entitled to forfeit the full
amount money deposited by him.
(iv} In the event of his tender not being accepted, the amount of earnest money
deposited by the Contractor shall, unless it is prior there to forfeited under the
provisions of sub-clause (iii) above be refunded to him on his passing receipt
therefor.
8. All works shall be measured net by standard measure and according to the
rules and customs of the PWD / MJP and without reference to any local custom.
9. Under no circumstances shall any Contractor be entitled to claim enhanced
rate for Items in this contract.
10. Every registered contractor should produce along with his tender,
Certificate of Registration as approved Contractor in the approved class and
renewal of such registration with date of expiry.
11. All corrections and addition or pasted slips should be initialled.
12. The measurements of work will be taken according to the usual methods
in use in the Department and no proposals to adopt alternative methods will be
accepted. The CHIEF EXECUTIVE OFFICER ___ _______________ ZILLA PARISHAD
_______________ decision to what is "the usual method in use will be final”
13. A tendering Contractor shall furnish a declaration along with a tender
showing all works for which for he has already entered into contact and the
value of the work that remains to be executed in each case on the date of
submitting the tender.
14. Every tenderer shall furnish along with the tender, information
regarding the Income Tax Circle or Ward of the District in which their income tax
returns are furnished.
15. In view of the difficult position regarding the availability of foreign
exchange, no foreign exchange would be released by the ____ for the purchase of
plant and machinery required for the execution of the work contracted for
{GCM/PWD/CFM/1058/62517 dt. of 26.9.1959).
16. The tenderer will have to construct shed for storing controlled and
valuable materials issued to him under Schedule "A" of the agreement, at work
site, having double locking arrangement. The materials will be taken for use in
the presence of the departmental person. No materials will be allowed to be
removed from the site of works.
17. The tenderer shall also give a list of machinery in their possession on
which they propose to use on the work.
18. Successful tenderer will have to produce to the satisfaction of the
accepting authority a valid and current license issued in his favor under the
provisions of Contract Labour (Regulation and Abolition) Act,1973 before
starting work falling which acceptance of the tender will be liable for withdrawal
and earnest money will be forfeited to ____ .
19. The tenderer shall comply with the provision of Apprentices Act, 1961
and the rules and order issued there under from time to time. If he fails to do so
his failure will be breach of the contract and the Chief Executive Officer, ____Zilla
Parishad may in his discretion cancel the contract. The tenderer shall also be
liable for any pecuniary liability arising on account of any violation by him of the
provisions of the Act.
20. The contractor shall provide utility service of Jeep, Computer, necessary
survey instruments etc. as per direction of CHIEF EXECUTIVE OFFICER ___
_______________ ZILLA PARISHAD _______________DIST -_________ _.
MEMORANDUM
a) Name of Work - SETTING UP OF SEWAGE TREATMENT
PLANT (STP) OF ____ KLD CAPACITY AT _____ (NAME OF
THE VILLAGE) ON THE OPEN TECHNOLOGY BASIS
b Estimated Cost: - Rs.
)
c) Earnest Money: - 1% Rs. c) The amount of
earnest money to be
deposited shall be in
accordance with the
provision of paras
206 and207 of the
M.P.W. Manual
d Security Deposit:- 5% Rs. d) This deposit shall,
) be in accordance with
paras 213 and 214 of
the M.P.W. Manual
Total 5% of accepted tender cost.
i) security deposit 5% of estimated cost put
to tender or accepted tender cost whichever
is higher shall be in form of FDR from any
Nationalized / Scheduled Bank or Bank
Guarantee
ii) Balance 4% amount of Security deposit, will
be recovered through each Running Bill
e) Percentage, if any, to be deducted from e) This percentage where no security
bills so as to make up the total amount deposit is taken, will vary from 5 % to 10 %
required as security deposit by the according to the requirement of case where
time, halt the security deposit is taken see note to clause
1 this condition of Contractor
ADDITIONAL SECURITY DEPOSIT PERFORMANCE SECURITY
If the tenderer has quoted the offer below
than the estimated rates put to the tender,
the tenderer shall have to submit
Additional Security Deposit (ASD)
((Performance Security) in the form of
Bank Guarantee of any Nationalized or
scheduled bank in favour of the Chief
Officer, NAGAR PANCHAYAT, __________
payable at __________
The scanned copy the Bank Guarantee (the
ASD) shall be uploaded arid submitted in
envelope no, 2 through e-tendering
process. It is mandatory to each tenderer
that he shall submit sealed envelope
bearing name of agency, name of work and
tender notice number which contains the
original Bank Guarantee (for which the
photocopy has been submitted online as
above) This envelope shall be submitted
to office of the Chief Executive Officer ,
_________ Zilla Parishad, within 10 working
days from the date of opening of financial
bid. Amount of the (ASD) Bank Guarantee
shall be calculated by the tenderer in
accordance with the following manner.
It the tenderer has quoted
below to the estimated rates, the
additional security deposit
(performance Security) shall be paid
additionally as mentioned below.
Clause 1 : The person / person whose tender may be accepted (here in after Security
Deposit called the Contractor, which expression shall unless excluded by or
repugnant to the context include his heirs, executors, administrators and assigns)
shall (A) within ten days (which may be extended by the Chief Officer concerned up
to 15 days if the Chief Officer thinks fit to do so) of the receipt by him of the
notification of the acceptance of his tender deposit with the Engineer in-charge in
Cash or Government securities endorsed to the Engineer in charge (if deposited for
more than 12 months) of sum sufficient which will make up the full security deposit
specified in the tender or (B) (permit Council at the time of making any payment to
him for work done under the contract to deduct such sum as will amount to 4.5% of
all moneys so payable; such deductions to be held by Council by way of security
deposit). Provided always that in the event of the Contractor depositing a lumpsum
by way of security deposit as contemplated at (A) above, then and in such case, if the
sum so deposited shall not to 4% of the total estimated cost of work or tendered cost
whichever is higher, it shall be lawful for Council at the time of making any payment
to the contractor for work done under the contract to make-up the full amount of
Four (4) percent by deducting a sufficient sum from every such payment as last
aforesaid until the full amount to the security deposit is made up. All compensation
or other sums of moneys payable the contractor to Council under the terms of his
contract may be deducted from or paid by the sale of sufficient part of his security
deposit or from the interest arising there from, or from any sums which may become
due by Council to the contractor under any other contract or transaction on any
account whatsoever and in the event of his security deposit being reduced by reason
of any such deduction or sale as aforesaid, the contractor shall, within ten days
thereafter, make good in cash or Government securities endorsed as aforesaid or
Bank Guarantee issued by bank for any sum or sums which may have been deducted
from or raised by sale of his security deposited or any part thereof The Security
deposit referred to, when paid in cash may, at the cost of the depositor, be converted
into interest bearing securities provided that the depositor has expressly desired this
in writing.
If the amount of the security deposit to be paid in a lump sum within the period
specified at (A) above is not paid the tender/contract already accepted shall be
considered as cancelled and legal steps taken against the Contractor for recovery of
the amounts.90% of security deposit of total tender cost shall be refunded along with
payment of final bill, at the same time contractor will have to submit bank guarantee
of 50% of security deposit amount for a period of five years after commissioning of
scheme. Remaining 10% will be released after expiry of defect liability period. In the
event of Contractor failing or neglecting to complete rectification work within the
period upto, which the Contractor has agreed to maintain the work in good order
then subject to
provisions of Clause 17 and 20 hereof, the amount of security deposit retained by
Council shall be adjusted towards the excess cost incurred by the Council on rectification
work.
Clause 2: The time allowed for carrying out the work as entered in the agreement shall be
strictly observed by the Contractor and shall be reckoned from the date on which the order
to commence work is given to the Contractor. The work shall throughout the stipulated
period of the contract be proceeded with, all due diligence (time being deemed to be
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 Chief
Officer (whose decision in writing shall be final ) may decide of the amount of the
estimated cost of the whole work as shown by the tender for everyday that the work
remains uncommented or unfinished after the proper dates. And further to ensure good
progress during execution of the work, the Contractor shall be bound in all cases in which
the time allowed for any work exceeds one month to complete, for complete minimum
quantum of work as compared to accepted tender cost as stated below.
¼ of the work in ¼ of the time.
½ of the work in ½ of the time. 3/4 of the work in ¾ of the time.
Full work in 12 (Twelve) months including monsoon
Note: The quantity of the work to be done within a particular time to be specified above
shall be fixed by an Officer competent to accept the contracts after taking into
consideration the circumstances of each case. And insert in the blank space kept for the
purpose.
In the event of the contractor failing to comply with these conditions he shall be liable to
pay as compensation an amount equal to one percent or such smaller amount as Chief
Officer (whose decision in writing shall be final) may decide of the said estimated cost of
the whole work for everyday that the due quantity of work remains incomplete
provided always that the total amount of compensation to be paid under the provisions
of this clause shall not exceed 10% of the estimated cost of the work as shown in the
tender. Chief Officer should be the final authority in this respect, irrespective of the fact
that tender is accepted by State level technical Committee. However Chief Officer shall
seek the consent of the and/or approval of the State level technical committee.
Clause 3: If any clause in which under any clause of this contract the Contractor shall have Action when whole
rendered himself liable to pay compensation amounting to the whole of his security deposit of security deposit is
(whether paid in one sum or deducted by instalment) or in the case of abandonment of forfeited
the work owing to serious illness or death of the Contractor or any other cause, the
Engineer in charge on behalf of the Council shall have power to adopt any of the
following courses, as he may deem best suited to the interest of the Council To
rescind the contract (for which rescission notice in writing to the Contractor under
the hands of Engineer in-charge shall be conclusive evidence) and in that case the
security deposit of the Contractor shall stand forfeited and be absolutely at the
disposal of the Council
To carry out the work or any part of the work departmentally debiting the
Contractor with the cost of the work, expenditure incurred on tools, plant and
charges on additional supervisory staff including the cost of work- charged
establishment employed for getting unexecuted part of the work completed and
crediting him with the value of the work done departmentally in all respects in the
same manner and at the same rates as if it has been carried out by the Contractor
under the terms of his contract. The certificate of the Engineer in- charge as to the
cost and other allied expenses so incurred and as to the value of the work so done
departmentally shall be final and conclusive against the Contractor.
The order that work of the Contractor be measured up and take such part thereof
as shall be unexecuted out of his hands and to give it to another contractor to
complete in which case all expenses incurred on advertisement for fixing a new
contracting agency, additional supervisory staff including the cost of work-charged
establishment and the cost of the work executed by the new contract agency will be
debited to other contractors and the value of the work done or executed through
the new contractor shall be credited to the Contractor in all respects and in the
same manner and at the same rates as if it had been carried out by the Contractor
under the terms of his contract. The certificate of the Engineer in-charge as to all
the costs of the work and other expenses incurred as aforesaid for getting the
unexecuted Work done by the new contractor and as to the value of the work so
done shall be final and conclusive against the Contractor.
In case the contractor shall be rescinded under clause (a) above, the contractor
shall not be entitled to recover or to be paid, any sum for any work therefore
actually performed by him under this contract unless and until the Engineer in
charge / Chief Officer shall have certified in writing the performance of such work
and the amount payable to him in respect thereof and he shall only be entitled to be
paid the amount so certified. In the event of either the courses referred to in clause
(b) or (c) being adopted and the cost of the work executed departmentally or
through a new contractor and other allied expenses exceeding the value of such
work credited to the contractors, the amount of excess shall be deducted from any
money due to the contractor by Council under the contract or otherwise however
or from his security deposit or the sale proceeds thereof provided however that the
contractor shall have to claim against Council event if the certified value of the
work done departmentally or through a new contractor exceeds the certified cost
of such work and allied expenses, provided always that whichever of the three
courses mentioned in clauses (a), (b) and (c) is adopted by the Council the
contractor shall have no claim to compensation for any loss sustained by him by
reason of not having purchased or procured any materials, or entered into any
engagements, or made any advance on account of or with a view to the execution of
the work or the performance of the contract. The extra cost involved in the
completion of the balance work carried out through the other contractor under.
Amount of 3 (c) shall be recoverable from the contractor over and above the
compensation levied under Clause 2 and the Security Deposit shall be apportioned
against the total recoveries for this purpose also
Clause 4: If the progress of the any particular portion of the work is unsatisfactory, Action when the
the Council shall not be withstanding that the general progress of the work is in progress of any
accordance with the condition mentioned in clause 2 be entitled to take action under particular portion
clause 3(b) after giving the contractor 10 days notice in writing. The contractor will of the work is
have no claim for compensation, for any loss sustained by him owing to such action unsatisfactory
Clause 5 : In any case in which any of the powers conferred upon Council by Clause 3 Contractor liable
and 4 hereof shall have become exercisable and the same shall not have been exercised the to pay
non-exercise thereof shall not constitute waiving of any of the conditions hereof the compensation if
such powers shall not withstanding be exercisable in the event of any future case of action not taken
default by the contractor for under any clauses hereof he is declared liable to pay under clause 3 and
compensation amounting to the whole of his security deposit and the liability of the 4
contractor for past and future compensation shall remain unaffected. In the event of the
Council taking action under Sub-Clause (a) or (c) of clause 3, he may, if he so desires, take
possession of all or any tools and plants, materials and stores, in or upon the work or the
site thereof or belonging to the contractor, or procured by him and intended to be used
for the execution of the work or any part thereof paying or allowing for the same in
account at the contract rates or in the case of contract rates not being applicable at
current market rates to be certified by the Council whose certificate thereof shall be final.
In the alternative the Council may after giving notice in writing to the contractor or
his clerk of the work, foreman or other authorized agent require him to remove
such tools, plant, materials or stores from the premises within a time to do specified
in such notice, and in the event of the contractor failing to comply with any such
requisition, the Council may remove them at the contractor‟s expense or sell them
by auction or private sale on account of the contractor and at his risk in all respects,
and the certificate of the Council as to the expenses of any such removal and the
amount of the proceeds and expense of any such shall be final and conclusive against
the contractor.
Clause 6 : If the contractor shall desire an extension of the time for completion of work Extension of time
on the ground of his having been unavoidably hindered in its execution or on any other
ground, he shall apply in writing to the Council before the expiration of the period
stipulated in the tender on before the expiration of 30days from the date on which he
was hindered as aforesaid or on which the cause for asking extension occurred,
whichever is earlier and the Council or in the opinion of Chief Officer, as the case may
be, if in his opinion, there were reasonable grounds for granting the extension, grant such
extension as he think necessary or proper. The decision of the Council in this matter
shall be final.
Clause 7 : On the completion of the work the contractor shall be furnished with a Final Certificate
certificate by the Council(hereinafter and hereinbefore called the Engineer-in- charge) of
such completion but neither such certificate shall be given nor shall the work be
considered to be complete until the contractor shall have removed from the premises on
which the work shall have been executed, all scaffolding surplus materials and rubbish ,
tools, plants and equipments and shall have cleaned off the dirt from all woodwork,
doors, windows, walls, floor or other parts of any building in or upon which the work
has been executed or of which he may have had possession for the purpose of executing
the work nor until the work shall have been measured by the Engineer-in-charge or
where the measurements have been taken by his subordinate until they have
received approval of the Engineer-in-charge the said measurements being binding and
conclusive against the contractor, if the contractor shall fail to comply with the
requirements of this clause as to the removal of scaffolding, surplus materials and
rubbish and cleaning off the dirt on or before the date fixed for the completion of
the work, the Engineer-in-charge may at the expense of the contractor, remove and
rubbish and dispose of the same as the thinks fit and clean off such dirt as aforesaid
and the contractor shall forthwith pay the amount of all expenses so incurred but shall
have no claim in respect of any such scaffolding tools and plants equipments or surplus
materials as aforesaid except for any sum actually realized by the sale thereof
Clause 8: No payment shall be made for any work estimated to cost less than Rupees Payment on
one thousand till the whole of work shall have been completed and a certificate of intermediate
completion given. But in the case of works estimated to cost more than Rupees one certificate to be
thousand the contractor shall on submitting a monthly bill therefore be entitled to regarded as
receive payment proportionate to the part of the work then approved recommended advance
by the Engineer-in-charge, whose certificate of such recommended and passing of the
sum of payable shall be final and conclusive against the contractor. All such
intermediate payments shall be regarded as payment by way of advance against the
final payments only and not as payments for work actually done and completed and shall
not preclude the Engineer-in-charge for requiring any bad. unsound, imperfect or
unskilful work to be removed or taken away and reconstructed or re-erected nor shall any
such payment be considered as an admission of the due performance of the contract or
any part thereof in any respect or the occurring of any claim nor shall it conclude
determine or affect in any other way the powers of the Engineer-in- charge as to the
final settlement and adjustment of the accounts or otherwise or is any other way very
or affect the contract. The final bill shall be submitted by the contractor within one
month of the date fixed for the completion of the work otherwise the Engineer-in-
charges certificate of the measurements and of the total amount payable for the work
shall be final and binding on all parties
Clause 9: The rates for several items of works estimated to cost more than 1000/- Payment at reduced
agreed to within, shall be valid only when the item concerned is accepted as having been rates on account of
completed fully in accordance with the sanctioned specification. In cases where the items items of work not
of work not accepted as so completed by the Engineer- in-charge may make payment on accepted as
account of such items at such reduced rates as he may consider reasonable in the completed, to be
preparation of final or on account bills at the discretion of
the Engineer- in-
charge
Clause 10: A bill shall be submitted by the contractor in each month on or before the date Bills to be
fixed by the Engineer-in-charge for all work executed in the previous month and the submitted monthly
Engineer-in-charge shall take or cause to be taken the requisite measurements for the
purpose of having the same verified and the claim, so far as it is admissible shall be
adjusted and paid if possible within ten days from the presentation of the bill. If the
contractor does not submit the bill within the time fixed as aforesaid, the Engineer-
in-charge may depute a subordinate to measure up the said work in the presence of
the contractor or his duly authorized agent whose counter signature to the
measurement list shall be sufficient warrant and the Engineer-in-charge may
prepare a bill from such list which shall be binding on the contractor in all respects
Clause 11: The contractor shall submit all bills on the printed forms to be had on
Bills to be on printed form application at the office of the Engineer-in-charge. The
charges to be made in the bills shall always be entered at the rates specified in the
tender or in the case of any extra work ordered in pursuance of these conditions
and not mentioned or provided for in the tender at the rates hereinafter provided
for such work
Clause 12 : If the specification or estimate of the work provides for the use of any
Stores supplied by MC special description of materials to be supplied from the store
of the Council or if
it is required that the contractor shall use certain stores to be provided by the
Engineer-in-charge (such material and stores and the prices to be charged
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 hereto annexed) the contractor
shall be supplied with such materials and stores as may be required from time to
time to be used by him for the purposes of the contract only and value of the full
quantity of the materials and stores so supplied shall be set off or deducted from
any sums then due, or thereafter to become due to the contractor under the
contract or otherwise or from the security deposit or the proceeds of sale thereof if
the security deposit is held in Government Securities, the same or a sufficient
portion thereof shall in that case be sold for the purpose. All materials supplied to
the contractor shall remain the absolute property of Council and shall not be
removed from the site of the work and shall at all times be open to inspection by
the Engineer-in-charge. Any such materials issued at cost but remained unused and
in perfectly good condition at the time of completion or termination of the contract
shall be returned to the Council, store if the Engineer-in-charge so required by a
notice in writing given under his hand, but the contractor shall not be entitled to
return any such material supplied to him as aforesaid but remaining unused by him
or for any wastage in or, damage to any such materials. The contractor shall,
however return all unused material at the time of completion, which was issued to
him free of cost by the Engineer in charge and which has remained surplus with the
contractor after accounting for the actual utilization of such material from the total
quantity that was issued by the Engineer in charge. Cost of any material issued free
of cost by the engineer and which has remained surplus with the Engineer from the
contractor as mentioned in Schedule – „A‟
Clause 12 (A): All stores of materials such as cement, steel etc. supplied to the Storage of
contractor by Council should be kept by the contractor in a separate store near the controlled material
work site under lock and key and will be accessible for inspection by the Council or
his agent at all the times
Clause 13: The contractor shall execute the whole and every part of the work in the Works to be
most substantial and workman like manner and both as regards materials and every executed in
other respect in strict order accordance. The contractor shall also conform exactly accordance with
fully and faithfully to the designs, drawings and instructions in writing relating to the specifications
work signed by the Engineer-in- charge and lodged in his office and to which the drawings
contractor shall be entitled to have access for the purpose of inspection at such
office or on the site of the work, during office hours. The contractor will be entitled to
receive one sets of contracts drawing and working drawings as well as one certified copy
of the accepted tender along with the work order free of cost. Further, copies of the
contract drawings and working drawings if requires by him shall supplied at the rate of `
2000/- per set of contract drawings and ` 100/- per working drawing except where
otherwise specified
Clause 14 : The Engineer-in-charge shall have power to make any alterations in or Alteration in
additions to the original specifications, drawing, design and instructions that may specifications &
appear to him to be necessary or contracts, advisable during the progress of the work and designs not to
the contractor shall be bound to carry out the work in accordance with any invalidate
instructions in this connection which may be given to him in writing signed by the
Engineer-in-charge and such alterations shall not invalidate the contract and any
additional work which the contractor may be directed to do in the manner above
specified as part of the work shall be carried out by the Contractor on the same
conditions in all respects on which he agreed to do the main work and at the same
rates as are specified in the tender for the main work. And if the additional and altered
work includes any class of work for which no rate is specified in this contract, then
such class of work shall be carried out at the rates entered in the Schedule of Rates of
the Division with due consideration for leads and lifts involved for materials
and labour or at the rates mutually agreed upon between the Engineer-in-charge
and the contractor, whichever are lower However, if the Engineer-in-charge is not
empowered by Council to approve the rates of such additional or altered work then
as far as possible he shall obtain prior approval to the changes and to the rates
payable for such changes from competent authority of Council not entered in before
ordering the Contractor to take up the alternation/ additional work. If the additional
or altered work for which no rate is in the schedule or rates of the Division, is ordered to
be carried out before the rates are agreed upon then the contractor shall within
seven days of the date of receipt by him of the order to carry out the work, inform the
Engineer-in-charge of the rate which it is his intention to charge for such class of work,
and if the Engineer-in-charge does not agree to this rate he shall by notice in writing
be at liberty to cancel his order carry out such class of work and arrange to carry out in
such manner as he may consider advisable provided always that if the contractor shall
commence the work or incur any expenditure in regard thereto before the rates shall
have been determined as lastly hereinbefore mentioned then in such case he shall only
be entitled to be paid in respect of the work or incur any expenditure in regard there to
before the rates shall have been determined as lastly hereinbefore mentioned then in
such case he shall only be entitled to be paid in respect of the work carried out or
expenditure incurred by him prior to the date of the determination of the rate as
aforesaid according to such rate or rates as shall be fixed by the Engineer-in- charge.
In the event of a dispute the decision of the Chief Officer will be final.
Where, however, the work is to be executed according to the designs, drawings and Extension of time in
specifications recommended by the contractor and accepted by the competent consequences
authority the alterations above referred to shall be within the scope of such designs, additions or
drawings and specifications appended to the tender. The time limit for the completion alterations
of the work shall be extended in the proportion that the increase in its cost occasioned
by alterations or additions bears to the cost of the original contract work and the
certificate of the Engineer-in-charge as to such proportion shall be conclusive
Clause 15: No claim to any
i. If at any time after the execution of the contract documents the engineer shall for payment or
any reason what so ever (other than default on the of the contractor for which the compensation for
Council is entitled to rescind the contract) desires that the whole or any part of the alteration in or
work specified in the tender should be suspended for any period of that the whole or restriction of Work
part of the work should not be carried at all, he shall give to the contractor a notice in except specified in
writing of such desire and upon the receipt of such notice the contractor shall this clause
forthwith suspend or stop the work wholly or in part as required after having due
regard to the appropriate stage at which the work should be stopped or suspended so
as not to cause any damage or injury to the work or any part of it could be or could
have been safely stopped or suspended shall be final and conclusive against the
Contractor. The Contractor shall have no claim to any payment or compensation
whatsoever by reason of or in pursuance of any notice as aforesaid on account of any
suspension, stoppage or curtailment except to the extent specified hereinafter.
Where the total suspension of work ordered as aforesaid continued for a
continuous period exceeding 90 days the contractor shall be at liberty to withdraw
from the contractual, obligations under the contract so for as it pertains to the
unexecuted part of the work by giving a 10days prior notice in writing to the
Engineer within 30days of the expiry of the said period of 90 days of such intention
and requiring the Engineer to record the final measurements of the work already
done and to pay final bill. Upon giving such notice the Contractor shall be deemed
to have been discharged from his obligation to complete the remaining unexecuted
work under his contract. On receipt of such notice the Engineer shall proceed to
complete the measurement and make such payment as may be finally due to the
Contractor within a period of 90 days from the receipt of such notice in respect of
the work already done by the Contractor. Such payment shall not in any manner
prejudice the
right of the Contractor to any further compensation under the remaining provisions
of this clause.
iii. Where the Engineer in-charge requires the Contractor to suspend the work for
a period in excess of 30 days at any time or 60 days in the aggregate, the
contractor shall be entitled to apply to the Engineer within 30 days of the
resumption of work after such suspension for payment of compensation to
the extent of peculiarly loss suffered by him in respect of working machinery
rendered idle on the site or on the account of his having had to pay the salary
or wages to labour engaged by him during the said period of suspension,
provided always that the Contractor shall not be entitled to any claim in
respect of any such working machinery salary or wages for the first 30 days
whether consecutive or in the aggregate of any suspension whatsoever
occasioned by unsatisfactory work or other default on his part. The decision
of the Engineer- in -charge in this regard shall be final and conclusive against
the Contractor.
In the event of any total stoppage of work on notice from the Engineer under sub-
clause in that behalf.
It shall be open to the Contractor within 90 days from the service of the notice of
stoppage of work or the notice of withdrawal from the contractual obligations under
the contract on account of the continued suspension of work or notice under Clause
14(i) resulting in such curtailment to produce to the Engineer satisfactory
documentary evidence that he had purchased or agreed to purchase material for use
in the contracted work before receipt by him of the notice of stoppage, suspension
or curtailment and required the Council to take over on payment such material at
the rates determined by the Engineer, provided, however, that such rates shall in no
case exceed the rates at which the same was acquired by the Contractor. The Council
shall thereafter take over the material so offered, provided the quantities offered are
not in excess of the requirements of the unexecuted work as specified in the
accepted tender and are of quality and specifications approved by the Engineer.
Clause 15 A: The Contractor shall not be entitled to claim any compensation from MMC No. claim to
for the loss suffered by him on account of delay by Council in the supply of materials compensation on
entered in Schedule „A‟ where such delay is caused by. account of loss
due to delay in
i)Difficulties relating to the supply of railway wagons.
supply of material
ii) Force majeure. by MC
Iii) Act of God.
Act of enemies of the State or any other reasonable cause beyond the control of
ZILLA PARISHAD.
In the case of such delay in the supply of materials, Council shall grant such
extension of time for the completion of the works as shall appear to the Council to
be reasonable in accordance with the circumstances of the case. The decision of the
Council as to the extension of time shall be accepted as final by the Contractor.
Clause 16: Under no circumstances whatsoever shall the Contractor be entitled to any Time limit for
compensation from Council on any account unless the Contractor shall have submitted unforeseen claims
claim in writing to the Engineer-in-charge with in one month of the case of such claim
occurring.
Clause 17 : If at any time before the security deposit or any part of thereof is Action and
refunded to the Contractor it shall appear to the Engineer-in-charge or his compensation
subordinate –in-charge of the work that any work has been executed with unsound, payable in case
of bad work
imperfect or unskilled workmanship or with materials of inferior quality, or that
any materials or articles provided by him for the execution of the work are unsound
or quality is inferior to that contracted for, or are otherwise not in accordance with the
contract, it shall be lawful for the Engineer-in-charge to intimate this fact in writing to
the Contractor and then not with standing the fact that the work, materials or
articles complained of may have been inadvertently passed, certified and paid
for, the Contractor shall be bound forthwith to rectify, or remove and reconstruct
the work so specified in whole or in part, as the case may require or if so required
shall remove the materials or articles at his own charge and cost and in the event of
his failing to do so within a period to be specified by the Engineer-in-charge in the
written intimation aforesaid, the Contractor shall be liable to pay compensation at the
rate of one percent on the amount of the estimate for everyday not exceeding 10 days
during which the failure so continues and in the event of any such failure the
Engineer-in-charge may rectify or remove and re execute the work or remove and
replace the materials or articles complained of as the case may be at the risk and expense
in all respects of the Contractor. Should the Engineer in charge consider that any such
inferior work or materials as prescribed above may be accepted or made use of, it
shall be within his discretion to accept the same reduced rates as he may fix
therefore
Clause 18: All work under or in course of execution or executed in pursuance of the Work to be
contract shall at all times be open to inspection and supervision of the Engineer-in- open to
charge and his subordinates and the Contractor shall at all times during the usual inspection.
Contractor or
working hours, and at all other times at which reasonable notice of the intention of
responsible agent
the Engineer-in-charge and his subordinates to visit the works shall have been to be present
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 duly authorized agent shall be considered to have the
same force and effect as if they had been given to the Contractor himself.
Clause 19 : The Contractor shall give not less than fivedays‟notice in writing to the Notice to be given
Engineer-in-charge or his subordinate in-charge of the work before covering up or before work is
otherwise placing beyond the reach of measurement any work in order that the same covered up
may be measured and correct dimensions thereof taken before the same is so covered up
or placed beyond the reach of measurement and shall not cover up or place beyond the
reach of measurement any work without the consent in writing of the Engineer-in- charge
or his subordinate in-charge of the work, and if any work shall be covered up or placed
beyond the reach of measurement, without such notice having been given or consent
obtained, the same shall be uncovered at the Contractor‟s expense, and in default thereof
no payment or allowance shall be made for such work or for the materials with which
the same was executed.
Clause 20 : If during the period as listed below, from the date of completion as certified by Contractor liable
the Engineer-in-charge pursuant to Clause 7 of the Contract or for the period as for damage
mentioned below after commissioning the work whichever is earlier in the opinion of done and for
imperfections
the Engineer in-charge, the said work is defective in any manner whatsoever the
contractor, shall forthwith on receipt of notice in that behalf from the Council, duly
commence execution and completely carry out at his cost in every respect all the work
that may be necessary for rectifying and setting right the defects specified therein
including dismantling and reconstruction of unsafe portion strictly in accordance with
and in the manner prescribed and under the supervision of the Council. In the event
of the Contractor failing or neglecting to commence execution of the said rectification
work within the period prescribed therefore in the said notice and/ or to complete
the same as aforesaid as required by the same notice, the Council may get the same.
Executed and carried out departmentally or by any other agency at the risk, on
account and at the cost of the Contractor. The Contractor shall forthwith on demand
pay to the Council the amount of such costs, charges and expenses sustained or
incurred by the Council of which the certification of the Council shall be final and
binding on the Contractor, Such costs, charges and expenses shall be deemed to be
arrears of land revenue and in the event of the Contractor failing or neglecting to
pay the same no demand as aforesaid without prejudice to any other rights and
remedies of the Council, the same may be recovered from the Contractor as arrears
of land revenue. The Council, shall also be entitled to deduct the same from any
amount which may then be payable or which may thereafter become payable by the
Council to the contractor either in respect of the said work or any other work
whatsoever or from the amount of security deposit retained by the Council. During
defect liability period, the work of daily maintenance and general repairs and expenses
thereon would be out of scope of the tender. However, if any defects in the sub work or
in the material are found, the same will be rectified by the Contractor at his cost and will
be binding on him, failing to which legal action would be taken as per tender clauses.
Ten percent amount will be withheld from security deposit depending upon the
nature of work, till the defect liability period is over.
Civil Components ________Years
Electro-mechanical components ________Years
The instructions contained in the Government of Maharashtra (Public Works
Department) Resolution dated 14th June, 1989 shall henceforth be applicable to all the
works for which defect liability periods have been specified as above.
Clause 21 : The Contractor shall supply at his own cost all material (except such special Contractor to
materials, if any, as may in accordance with the contract be supplied from the Council supply plant,
stores), plant, tools, appliances, implements, ladders, tackles, scaffolding and temporary ladders,
scaffoldings, etc.
works requisite or proper execution of the work, in the original, altered or substituted
And is liable for
from the weather included in the specification or other documents forming part of the damages arising
contract of referred to in these conditions or not and which may be necessary for the from non-
purpose of satisfying or complying with the requirements of the Engineer in charge as provisions of
to any matter as to which under these conditions he is entitled to as satisfied or which lights, fencing,
he is entitled to require together with the carriage therefore to and from the work. etc.
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 in the measurement or examination at any time and from time to time of
the work or the materials, Failing which the same may be provided by the
Engineer-in-charge at the expense of the Contractor and expenses may be
deducted from any money due to the Contractor under the contract or from his
security deposit or the proceeds of sale thereof or a sufficient portion thereof. The
Contractor shall provide all necessary fencing and lights required to protect the public
from accident and shall also be bound to bear the expenses of defense of every suit,
action or other legal proceedings that may be brought by any person for injury
sustained owing to neglect of the above precautions and to pay any damages and costs
which may be awarded in any such suit action or other legal proceedings that may
be brought by any person for injury sustained owing to neglect of the above
precautions and to pay any damages and costs which may be awarded in any such
suit action or proceedings to any such person, or which may with consent of the
Contractor be paid for compromising any claim by any such person.
List of machinery in contractor‟s possession and which he proposes to use on the work
should be submitted along with the tender
Liability of
Contractors for
Clause 21 A: The Contractor shall provide suitable scaffolds and working platforms,
any damage done
gangways and stairways and shall comply with the following regulations in in or outside the
connection herewith. work area
a) Suitable scaffolds shall be provided for workmen for all works that cannot be safely
done from a ladder or by other means.
b) A scaffold shall not be constructed, taken down or substantially allowed except.
i) Under the supervision of a competent and responsible person, and 79
ii) As far as possible by competent workers possessing adequate experience in this kind of
work.
c) All scaffolds and appliances connected herewith and ladders shall
i) be of sound material
ii) be of adequate strength having regard to the loads and strains to which they will be
subjected, and
iii) be maintained in proper condition.
d) Scaffolds shall be so constructed that no part thereof can be displaced in
consequence of normal use.
e) Scaffolds shall not be over – loaded and so far, as practicable the load in
consequence of normal use
Before installing lifting gear on scaffolds special precautions shall be taken to
ensure the strength and stability of the scaffolds.
Scaffolds shall be periodically inspected by a competent person.
Before allowing a scaffold to be used by his workmen the Contractor shall
whether the scaffold has been erected by his workmen or not, take steps to
ensure that it complies fully with the regulations herein specified.
Working platform, gangway, stairways shall: -
1) Be so constructed that no part thereof can sag unduly or unequally.
2) be so constructed and maintained, having regard to the prevailing
conditions as to reduce as far as practicable risks of persons tripping or
slipping, and
3) Kept free from any unnecessary obstruction.
In the case of working platform, gangways, working places and stairways at
a height exceeding 2 meters (to be specified).
every working platform, gangways shall be closely boarded unless other
adequate measures are taken to ensure safety,
every working platform, gangway shall have adequate width, and
every working platform, gangway, working place and stairway shall be
provided with railing/ barricading
Every opening in the floor of a building or in a working platform shall except
for the time and to the extent required to allow the excess of persons or the
transport or shifting of material be provided with suitable means to prevent the fall
of persons or material.
When persons are employed on a roof where there is a danger of falling from
the height exceeding 3 meters (to be specified) suitable precautions shall be taken
to prevent the fall of persons or material
Suitable precautions shall be taken to prevent persons being struck by
articles, which might fall from scaffolds or another working place
Safe means of access shall be provided to all working platforms and other.
The Contractor will have to make payments to laborers as per Minimum
Wages Act.
Employment of
female labor work
Clause 21 B: The Contractor shall comply with the following regulations asregards on Sunday
the Hoisting appliances to be used by him.
a) Hoisting machines and tackles, including their attachments, anchorages and
supports shall.
i) be of good mechanical construction, sound material and adequate strength and
free from patent defect, and
ii) be kept in good repairs and in good working order.
b) Every rope used in hoisting or lowering materials or as a means of suspension
shall be of suitable quality and adequate strength and free from patent defect.
c) Hoisting machines and shackles shall be examined and adequately tested after
erection on the site and before use and be re-examined in position at intervals to be
prescribed by the Council.
d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering
materials or as means of suspension shall be periodically examined.
e) Every crane driver or hoisting appliance operator shall be properly qualified.
f) No person who is below the age of 18 years shall be in control of any hoisting machine,
including any scaffold, which gives signals to the operator.
g) In case of every machine and every chain, ring, hook, Shackle, swivel and pulley block
used in hoisting or lowering or as a means of suspension, the safe working load shall be
ascertained by adequate means.
h) Every hoisting machine and all gear referred to in proceeding regulation shall be
plainly marked with the safe working load
i) In case of hoisting machine having a variable safe working load, each safe working load
and the conditions under which it is applicable shall be clearly indicated.
j) No part of any hoisting machine or any gear referred to in regulation (g) above shall
be loaded beyond the safe working load except for the purpose of testing.
k) Motors, gearing, transmissions, electric wiring and other dangerous parts of hoisting
appliances shall be provided with efficient safeguards.
l) Hoisting appliances shall be provided with such means, which will reduce to minimum,
and the risks of the accidental descend of load.
m) Adequate precaution shall be taken to reduce to a minimum the risk of any part for
any damage done in or outside the work.
Clause 22: The Contractor shall not set fire to any standing jungle, trees, brushwood Measures for
or grass without a written permission from the Council. When such permission is given prevention of fire.
and also in all cases when destroying, cut or dug up trees, brushwood, grass, etc. by fire,
the Contractor shall take necessary measures to prevent such fire spreading to or
otherwise damaging surrounding property.
The Contractor shall make his own arrangements for drinking water for the labor
employed by him.
Clause 23 : Compensation for all damages done intentionally or unintentionally by Liability of
Contractor‟s labour whether in or beyond the limits of the Council property including Contractor for any
any damage caused by the spreading of fire mentioned Clause 22 shall be estimated by the damage done in or
outside work area.
Engineer-in-charge or such other officer as he may appoint and the estimate of the
Engineer-in-charge subject to the decision of the Chief Officer on appeal shall be final
and the Contractor shall be bound to pay the amount of the assessed compensation on
demand, failing which the same will be recovered from the Contractor as damage in the
manner prescribed in Clause
1 or deducted by the Engineer-in- charge from any sums that may be due or become
due from Council to Contractor under this contract or otherwise.
The Contractor shall bear the expenses of defending any action or other legal
proceedings that may be brought by any person for injury sustained by him owing to
neglect of precautions to prevent the spread of fire and he shall pay any damages and
cost that may be awarded by the court in consequence
Clause 24: The employment of female laborers on works in neighborhood of soldier‟s Employment of
barracks should be avoided as far as possible. female labor
Clause 25: No work shall be done on Sunday without the sanction in writing of the Work on Sunday
Engineer-in-charge
Work not to be
sublet.
Contract may be
Clause 26 : The contract shall not be assigned or sublet without the written approval rescinded and
of the Engineer-in-charge, and if the Contractor shall assign or sublet his contract or security deposit
attempt to do so, or become insolvent or commence any proceedings to get himself forfeited for
adjudicated and insolvent or make any composition with his creditors or attempt so to subletting it without
do so or if bribe, gratuity, gift, loan, perquisite, reward of advantage, pecuniary or approval or for
bribing a Public
otherwise shall either directly or indirectly be given, promised or offered by the
Officer or if
Contractor or any of his servants or agents to any public officer or person in the Contractor becomes
employment of insolvent.
Council in any relating to his office or employment or if any such officer or person
shall become in any way directly or indirectly interested in the contract, the Engineer-in-
charge may thereupon by notice in writing rescind the contract, and the security deposit
of the Contractor shall thereupon stand forfeited and be absolutely at the disposal of
Council and the same consequences shall ensure as if the contract had been rescinded under
Clause 3 hereof and in addition the Contractor shall not be entitled to recover or be
paid for any work there of actually performed under the contract.
Sum payable by way
Clause 27: All sums payable by a Contractor by way of compensation under any of these of compensation to
be considered as
conditions shall be considered as a reasonable compensation to be applied to the use
reasonable without
of Council without reference to the actual loss or damage sustained, and whether any reference to actual
damage has or has not been sustained loss
Changes in the
Clause 28: In the case of tender by partners, any change in the constitution of a firm shall constitution of the
be forthwith notified by the Contractor to the Engineer-in-charge for his information. firm to be notified.
Clause 29: All works to be executed under the contract shall be executed under the Directions and
direction and subject to the approval in all respects of the Chief Officer, for the time control of the
being, who shall be entitled to direct at what point or points and in what manner Engineer in charge
they are to be commenced and from time to time carried out.
Clause 30: If the contractor is not satisfied with the order passed by the Chief Officer as
aforesaid, the contractor may, within thirty days of receipt by him of any such order,
appeal against it to the Secretary UDD-2 who if convinced that prima facie, the
contractors, claim rejected by Chief Officer is not frivolous and that there is some
substance in the claim of the contractor as would merit a detailed examination in the
claim of the contractor and decision by Secretary Urban development department for
suitable decision. The decision of the Secretary UDD-2 shall be final and binding on the
contractor and the Engineer- in-charge
Clause 30.1 : Except where otherwise specified in the contract and subject to the powers Directions and
delegated to him by Council under the code, rules then in force, the decision of the Chief control of the
Officer for the time being shall be final, conclusive and0020 binding on all parties of the Engineer in charge
contract, upon all questions relating to the meaning of the specifications, designs,
drawings and instruction hereinbefore mentioned and as to the quality of workmanship,
or materials used on the work or as to any other question, claim, right, matter or
thing whatsoever, in any way arising out of or relating to the contract, designs,
drawings, specifications, estimates, instructions, orders, or these conditions, or
otherwise concerning the works, or the execution, or failure to execute the same,
whether arising during the progress of work, or after the completion or
abandonment there of
Clause 30.2: The Contractor may within thirty days of receipt by him of any order
passed by the Chief Officer as aforesaid appeal against it to the Secretary UDD2 with the
contract work or project provided that.
a) The accepted value of the contract exceeds ` 10 lakhs (`. Ten lakhs)
b) Amount of claim is not less than ` 1.00 lakh (` One Lakh).
Clause 31: Deleted
Clause 32 : When the estimate on which a tender is made includes lump sums in respect Lump sums in
of parts of the work, the Contractor shall be entitled to payment in respect of the items estimates
of work involved or the part of the work in question at the same rates as are payable
under this contract for each item, or if the part of the work in question is not in the
opinion of the 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
certificate in writing of the Engineer- in-charge shall be final and conclusive against the
Contractor with regard to any sum or sums payable to him under the provisions of this
clause.
Clause 33: In the case of any class of work for which there is no such specification Action where no
as is mentioned in Rule I of Form B-1, such work shall be carried out in accordance specifications
with the Divisional specifications and in the event of there being no Divisional
specifications, the work shall be carried out in all respect in accordance with all
instructions and requirements of the Engineer- in-charge.
Clause 34: The expression„Work‟or„Works‟where used in these conditions, shall unless Definition of work
there be something in the subject or context repugnant to such construction, be
constructed to mean the work or works contracted to be executed under or in virtue
of the contract, whether temporary or permanent and whether original, altered,
substituted or additional.
Contractor’s
percentage
whether applied to
Clause 35: The percentage referred to in the tender shall be deducted from/ added to net or gross amount
the gross amount of the bill before deducting the value of any stock issued. of bill
Clause 36: All quarry fees, royalties, octroi duties and ground rent for stacking materials, Quarry fees and
if any should be paid by Contractor, which will not be entitled to a refund of such royalties
charges from the Council. (Please see special clause for royalty).
Clause 37: The Contractor shall be responsible for and shall pay any compensation Compensation under
to his workmen payable under the Workmen‟s Compensation Act. 1923 (VIII of 1923), Workmen’s
(hereinafter called the said Act) for injuries caused to the workmen. If such Compensation Act.
compensation is payable/ paid by the Council as principal under sub-section (1) of
Section 12 of the said Act on behalf of the Contractor, it shall be recoverable by the Council
from the Contractor under the sub-section
(2) of the said section. Such compensation shall be recovered in the manner laid down in
Clause 1 above.
Clause 37 A: The Contractor shall be responsible for and shall pay the expenses of
providing medical aid to any workman who may suffer a bodily injury as a result of an
accident. If such expenses are incurred by Council, the same shall be recoverable from the
Contractor forth with and be deducted without prejudice to any other remedy of
the Council from any amount due or that may become due to the Contractor
Clause 37 B: The Contractor shall provide all necessary personal safety equipment
and first aid apparatus available for the use of the persons employed on the site and
shall maintain the same in condition suitable for immediate use at any time and
shall comply with the following regulations in connection herewith.
The workers shall be required to use the equipment‟s so provided by the Contractor
and the Contractor shall take adequate steps to ensure proper use of the equipment
by those concerned.
When work is carried on in proximity to any place where there is a risk of drowning,
all necessary equipment shall be provided and kept ready for use and all necessary
steps shall be taken for the prompt rescue of any person in danger.
Adequate provision shall be made for prompt first-aid treatment of all injuries likely
to be sustained during the course of the work.
Clause 37 C: The Contractor shall duly comply with the provisions of „The
Apprentices Act, 1961‟ (III of 1961), the rules made thereunder and the orders that
may be issued from time to time under the said Act and the said Rules and on his
failure or neglect to do so he shall be subjected to all the liabilities and penalties
provided by said Act and said Rules.
Clause 38 : i) Quantities in respect of the several items shown in the tender are Quantities put to
approximate and no revision in the tendered rate shall be permitted in respect of tender are
approximate.
any of the items so long as subject to any special provision contained in the
Excess quantity
specifications prescribing a different percentage of permissible variation in the beyond quantity put
quantity of the item does not exceed the tender quantity to more than 25% and so to tender will be
long as the value of the excess quantity beyond this limit at the rate of the item governed as per
specified in the tender, is not more than ` 5,000/- (Whichever is more) Cl.38
ii)the Contractor shall, if ordered in writing by the Engineer so to do, also carry out any
quantities in excess of the limit mentioned above in sub –clause
hereof on the same conditions and in accordance with the specifications in the
tender and the rates derived from the rates entered in Current Schedule of Rates
and in the absence of such rates.
At the rates prevailing in the market. The said rates being increased or decreased as
the case may be by the percentage which the total tendered amount upon the
schedule of rates applicable to the year in which the tender were accepted.
For the purpose of operation of this clause, this cost shall be worked out from the
DSR prevailing at the time of inviting of tender. The cost of Clause 38 is Rs. ___________
/- (Rs. ___________.)
This clause is not applicable to extra items.
Claims arising out of reduction in the tendered quantity of any item beyond 25% will
be governed by the provision of Clause 15 only when the amount of such reduction
beyond 25% at the rate of the item specified in the tender is more than ` 5,000/- This
reduction is exclusively the reduction in Clause Nos. 14 & 15 of the work and site
conditions.
There is no change in the rate if the excess is less than or equal to 25%. Also, there is no
change in the rate if the quantity of work done is more than 25% of the tendered
quantity, but the value of the excess work at the tendered rates does not exceed `
5,000/-
The quantities to be paid at the tendered rates shall include,
a) tendered quantity plus 25% excess of tendered quantity or the excess quantity of the
value of ` 5,000/- at tendered rate whichever is more.
Clause 38 A: The Chief Officer of Council shall see that claim towards excess quantity Interim payment for
under this clause 38 is submitted to higher authority immediately on its cropping up. excess quantity
The Chief Officer of Council while making such payment shall see that the total
expenditure shall not exceed sanctioned cost of the scheme.
If the proposal of Clause 38 is submitted to competent authority for payment
then interim 50% payment will be released as under
a) At accepted tender rate or current schedule rate whichever is less subject to condition
that total expenditure on the tender shall not exceed sanctioned cost of the scheme
Clause 38-B : If the rate entered in to schedule B for the work of excavation of pipeline Payment for average
is a combined rate for different strata then the rate entered in Schedule-B will be rate of excavation
applicable for quantity 25% in addition to the quantity mentioned in schedule-B of all
items of excavation for pipe line trenches and for excess over 25% of Schedule-B quantity
,the rate payable to the contractor shall be worked out from the CSR by considering
following percentage of excavation in different strata irrespective of actual strata met at
the site for the increased quantity.
1) Excavation in all types of soils, Sand, gravel and soft murum with lead up to 50 meters
and lift as involved. Including dewatering, shoring and strutting etc. excluding refilling
etc. 29.23% of average rate for lift 0.00 to 1.50 meter.
2) Excavation in hard murum and boulders with lead up to 50 m and lead and lift as
involved including dewatering, shoring and strutting etc. excluding refilling etc. 29.98
% of average rate for lift _0 to 1.50 meter
3) Excavation in soft rock and old cement and lime masonry with lead upto 50 m and lift as
involved, including dewatering, shoring and strutting, excluding refilling etc. 24.66% of
average rate for lift 0 to 1.50 meter.
4) Excavation in hard rock and concrete road by chiseling wedging line drilling by
mechanical means or by all means other than blasting with lead upto 50m and lift as
involved, including dewatering, shoring and strutting etc.
excluding refilling 15.43% of average rate for lift 0.00 to 1.50 m.
(Note-Sheet is attached separately)
Clause 39: The Contractor shall employ any famine, convict or other labour of a particular Employment of
kind or class if ordered in writing to do so by the Engineer-in- charge. famine labour, etc
Claim for
Clause 40: No compensation shall be allowed for any delay caused in the starting of the work
compensation for
on account of acquisition of land or, in the case of clearance works, on account of any delay in starting the
delay in accordance to sanction of estimates. work
Clause 41: No compensation shall be allowed for any delays in the execution of the work on Claims for
account of water standing in borrow pits or compartments. The rates are inclusive for hard compensation for
or cracked soil, execution in mud, sub-soil, water standing in borrow pits and no claim for delay in execution
of the work.
an extra rate shall be entertained unless otherwise expressly specified
Clause 42: The Contractor shall not enter upon or commence any portion of work Entering upon or
except with written authority and instructions of the Engineer-in- charge of his commencing any
subordinate in charge of the work. Failing such authority, the Contractor shall have portion of work
no claim to ask for measurements of or payment for work.
Minimum age of
persons employed,
Clause 43: the employment of
donkeys and other
i) No Contractor shall employ any person who is under the age of 18 years.
animals and the
ii) No Contractor shall employ donkeys or other animals with breaching of string or payment of fair
thin rope. The breaching must be at least three inches wide and should be of tape (Nawar). wages.
i. No animal suffering from sores, lameness or emaciation or which is immature shall
be employed on the work. The Engineer-in-charge or his agent is authorized to remove
from the work, any person or animal found working which does not satisfy these
conditions and no responsibility shall be accepted by the Council for any delay caused
in the completion of the work by such removal.
ii. The Contractor shall pay fair and reasonable wages to the workmen employed by
him in the contract undertaken by him, In the event of the dispute arising between the
Contractor and his workmen on the grounds that the wages paid are not fair and
reasonable, the dispute shall be referred without delay to the Engineer in charge who
shall decide the same. The decision of the Engineer in charge shall be conclusive and
binding on the Contractor but such decision shall not in any way affect the conditions in
the contract regarding the payment to be made by the Council at the sanctioned tender
rates.
iii. Contractor shall provide drinking water facilities to the workers. Similar
amenities shall be provided to the workers engaged on large work in urban areas
iv. Contractor to take precautions against accidents which taken place on account of
labour using loose garments while working near machinery.
Clause 44: Payment to Contractors shall be made by cheque drawn on Chief Officer‟s Method of payment
account provided the amount exceeds ` 1000/- Amounts not exceeding 1000/- will
be paid in cash
Acceptance of
conditions
Clause 45: Any Contractor who does not accept these conditions shall not be allowed to compulsory before
tender for work. tendering for work.
Clause 46 : If Government declares a site of scarcity or famine to exist in any village Employment of
situated within 16 Kms of the work, the Contractor shall employ upon such parts of scarcity labour
the work, as are suitable for unskilled labour, any person certified to him by the
Engineer in charge Council, or by any person to whom the Council may have delegated
this duty in writing to be in need on relief and shall be bound to pay to such person
wages not below the minimum wages which Government may have fixed in this
behalf. Any disputes which may arise in connection with the implementation of this
clause shall be decided by the Engineer in charge whose decision shall be final and
binding on the Contractor.
Clause 47: The price quoted by the Contractor shall not in any case exceed the control Price not to exceed
price, if any, fixed by Government or reasonable price which is permissible for him controlled price
to charge a private purchaser for the same class and description, the control price or fixed by Govt.
the price permissible under the provisions of Hoarding and Profiteering Preventing
Ordinance, 1948 as amended from time to time. If the price quoted exceeds the
controlled price or the price permissible under Hoarding and Profiteering
Prevention Ordinance, the Contractor will specifically mention this fact in his tender
along with the reasons for quoting such higher prices. The purchaser at his discretion
will in such case exercise the right of revising the price at any stage so as to conform to the
controlled price as permissible under the Hoarding and Profiteering Prevention
Ordinance. This discretion will be exercised without prejudice to any other action that
may be taken against the Contractor.
Clause 47 A: The tender rates are inclusive of all taxes, rates, cess and are also inclusive of Rate inclusive of all
the livable tax in respect of sale by transfer of property in goods involved in the taxes.
execution of work contract under the provision of Rule 58 of Maharashtra Value
added Tax ACT 2005 for the purpose of levy of tax.
Clause 48: In case of materials that may remain surplus with the Contractor from those Sales tax on surplus
issued, the date of ascertainment of the materials being surplus will be taken as the date material.
of sale for the purpose of Sales Tax and the Sales Tax will be recovered on such date.
Clause 50: The Contractor shall employ at least 80 percent of the total number of Employment of local
unskilled labour to be employed by him on the said work from out of the persons labour.
ordinarily residing in the district in which site of the said work is located.
Provided, however, that if required number of unskilled labour from that district is not
available, the Contractor shall in the first instance employ such number of persons as is
available and thereafter may with the previous permission in writing of the
Engineer-in charge of the said work obtain the rest of the requirement of unskilled
labour from outside of district.
Clause 51: The Contractor shall pay the labourers–skilled and unskilled according to Wages to be paid
the wages prescribed by Minimum Wages Act applicable to the area in which the work to the skilled and
of the Contractor is located. The Contractor shall comply with the provision of the unskilled
Apprentices Act, 1961 and the Rules and Orders issued there under from time to time. The laboursEmployed by
contractor.
Contractor shall be liable for any pecuniary liability arising on account of any violation
by him of the provisions of the Act.
The Contractor shall pay the labourers – skilled and unskilled- according to wages
prescribed
Clause 52: All amounts whatsoever which the Contractor is liable to pay to the
Council in connection with the execution of the work including the amount payable
in respect of
materials and/ or stores supplied/ issued hereunder by the Council to the
Contractor,
hire charges in respect of heavy plant, machinery and equipment given on
hire by the Council to the Contractor for execution by him of the work and/
or for which advances have been given by the Council to the Contractor shall
be deemed to be arrears of the land revenue and Council without prejudice
to any other rights and remedies of the Council recover the same from the
contractor as an arrears of land revenue
Clause 53: The Contractor shall duly comply with all the provisions of the
ContractLabour (Regulation and Abolition) Act, 1970 (37 of 1970) and the
Maharashtra Contract Labour (Regulation and Abolition) Rules 1971 as amended
from time to time and all other relevant statutes and statutory provisions
concerning payment of wages particularly to workmen employed by the contractor
and working on the site of the work. In particular and contractor shall pay wages to
each worker employed by him on the site of the work at the rates prescribed under
the Maharashtra Contract Labour (Regulation and Abolition) Rules 1971. If the
contractor fails or neglect to pay wages at the said rates or makes short payment
and the Council makes such payment of wages in full or part thereof less paid by the
contractor, as the case may be, the amount so paid by the Council to such workers
shall be deemed to be debt payable by the Contractor and the Council shall be
entitled to recover the same as such from the contractor or deduct same from the
amount payable by the Council to the contractor hereunder or from any other
amounts payable to him by the Council.
Clause 54: Where the work is required to work near Machine and are liable to
accident they should not be allowed to wear loose clothes like Dhoti, Jhabba etc.
Clause 55: The Contractor shall comply with the provisions of the Apprentices Act,
1961 and the Rules and Orders issued there under from time to time.
Clause 56: In view of the difficult position regarding the availability of the Foreign
exchange, no foreign exchange, will be released by the Department for the purchase
of the Plant and Machinery required for the execution for the work concerned work.
Clause 58 (A): Conditions of Malaria Eradication. Anti-Malaria and
a) The anti-malaria and the health measures shall be as directed by the Joint Director other health
(Malaria and Filarial) of Health Service, Pune. measures.
Contractor shall see that most autogenic conditions are not created so as to keep
vector population to minimum level.
Contractor shall carry out anti malaria measures in the area as per guidelines
prescribed under National Malaria Eradication Programme and as directed by the
Joint Director (M & F) of Health Services, Pune.
In case of default in carrying out prescribed anti malaria measures resulting in
increase in malaria incidence contractor shall be liable to pay to Government the
amount spent by Government on anti-malaria measures to control the situation in
addition to fine.
Relations with Public Authorities. The contractor shall make sufficient
arrangements for draining away the sullage water as well as water coming
from the bathing and washing places and shall dispose of this water in such
a way as not to cause, any
Nuisance. He shall also keep the premises clean by employing sufficient number of
sweepers.
The contractor shall comply with all rules, regulations, bye-laws and directions
given from time to time by any local or public authority in connection with this work
and shall pay fees or charge which are leviable on him without any extra cost to
Government.
Clause 58 (B): The successful contractor will have to enter into agreement in form
specified by Council on a stamp of required amount as per rules in force. The stamp
charges shall be borne by the contractor
Clause 59: Deleted
Clause 60: The contractor shall provide and maintain barricades, guards, guard
Insurance rails, temporary bridges and walkways, watchmen, headlights and danger
signals illuminated from sunset to sunrise and all other necessary appliances and
safeguards to protect the work, life, property, the public excavations, equipment and
materials. Barricades shall be substantial construction and shall be painted such as
to increase their visibility at night. For any accident arising out of the neglect of
above instructions, the contractor shall be bound to bear the expenses of defense of
every suit, action or other legal proceedings, at law, that may be brought by any
person for injury sustained owing to neglect of the above precautions and to pay all
damages and costs which may be awarded in any such suit, action or proceedings to
any such person or which may with the consent of the contractor be paid in
compromising any claim by any such person
Clause 61: The contractor shall take out necessary insurance policy /policies so as
to provide adequate insurance cover for execution of the awarded work from the
Director of insurance Maharashtra State Mumbai. However if contractor desire to
effect insurance with local office of any insurance company same should be under
the Co- insurance-come- servicing arrangement approved by the director of
insurance if the policy taken out by the contractor is not Co – Insurance basis (GIF-
60% and insurance company - 40%) the same will not be accepted and the amount
of the premium calculated by director of insurance will be recovered directly from
the amount payable to the contactors for the executed contract work.
i. Loss of or damage to the Civil and Mechanical and Electrical equipments
supplied/installed including the materials such as pipes, valves, specials etc.
brought on site.
Loss of or damage to contractor‟s equipments including his vehicles. Loss of or
damage to property (except the works, Plant material and Equipment) in connection
with the contractor, and: Personal injury or death due to vehicles of the contractor
and or due to any accident that may arise at or around the site to the Contractor
personnel or to the Council staff or to any other person not connected with Council.
Policies and certificates for insurance shall be delivered by the. Contractor to
the Engineer for the Engineer‟s approval before the date of actual starting of
work. All such insurance shall provide for compensation to be payable in the
types of proportions of currencies required to rectify the loss or damage
incurred.
If the contractor did not produce any of the policies and certificates required
the Engineer may affect the Insurance for which the contractor should have
produced the policies certificates and recover the premium it has paid from
payment otherwise due to the contractor or, if no payments due to payment
of the premiums shall be of debt due.
Alternations to the terms of an insurance shall not be made without the
approval of the Engineer.
The minimum insurance cover for loss damages to physical property, injury
and death shall be 10% of the contract cost per occurrence with number of
occurrences as 3(Three). After each occurrence the contractor shall pay
additional premium necessary so as to keep the insurance police valid
always till the defect liability period is over.
No payment will be released to the contractor until the insurance coverage
with the Govt. Insurance fund, Maharashtra State is provided and unless the
proof of insurance coverage is produced by the Contractor to the Engineer-
in-Charge.
Clause 62: During execution of work excavation is required to be carried out for
various sub-works for which royalty is required is to be paid by the contractor.
During execution of work and till completion if point of royalty is raised by collector
office it will be sole responsibility of the contractor to pay royalty
charges/compensation if any to concern. Until the certificate from the collector
office regarding royalty charges is not submitted by the contractor, final bill and
security deposit for such work will not be payable to the contractor
2. The contractor shall submit periodically progress of work to the CHIEF EXECUTIVE
OFFICER, ___ _______________ ZILLA PARISHAD _______________ _.
3. Materials shall be tested as per frequency prescribed by the department from any
Government Laboratory or Government Polytechnic and the cost of such testing shall
be borne by the contractor. If the test results are satisfactory, then and then only the
material shall be allowed to be used on the work. If the test results are not as per
standards prescribed, these materials shall be immediately removed from the work
site at contractor’s cost. In case of cement, if so requested by the contractor in
writing, material shall be allowed to be used before receipt of test results but this will
be entirely at the risk and cost of the contractor.
4. The materials not conforming the required standard shall be removed at once from
the site of work by the contractor at his own cost. All materials such as Asphalt,
Cement etc. require for use in the work shall be conforming to the concern I.S/
M.O.S.T specifications.
5. The contractor shall construct at his own cost shed/ sheds for storing materials as
per the direction of the CHIEF EXECUTIVE OFFICER. Such constructed sheds shall be
removed on completion of work.
6. Third Party Technical Audit of work shall be carried out for quality assurance and
quality checks at various stages as per prevailing government order and audit
observations shall have to comply by bidder.
7. The Contractor shall make his own arrangements for the safe custody of the materials
brought by him on site of Work.
8. The charges for conveying of materials from the place of purchase by the contractor
to the site of work & the actual spot on work site shall be entirely borne by the
contractor. No claims on this account shall be entertained.
9. Separate register for Site Visit/ Instruction which are given by CHIEF EXECUTIVE
OFFICER or Architect or Engineer of _______________ ZILLA PARISHAD _______________,
shall be maintained by the contractor.
12. No arbitration will be entertained. In case of disputes regarding tender the ZILLA
PARISHADs decision will be final & binding on the contractor.
13. The ZILLA PARISHAD shall not be responsible for the loss in cement, steel, granite,
marble, tiles and electrical item during transit to work site.
13. PROJECT INFORMATION
13.1 Scope of Work
The scope of the work shall include but not be limited to the following.
Subject to the provisions of the Contract Agreement, the Contract Period for the Project is
___________. The broad scope of the Project during the Contract Period is as detailed
hereunder:
a. The Contractor is responsible for design, construction/installation, Trial run of the STP
for effective treatment of Sewage on Design, Engineering, Construction, Supply,
Installation, Testing, Erection & Commissioning of Sewage Treatment Plant (STP) on
Open Technology basis at the Project site being provided by the Authority and in
conformity with the Specifications and Standards as set forth in the Draft Contract
Agreement.
b. The construction includes the civil works along with development of all support
infrastructure / treatment units, electromechanical, instrumentation, plumbing and such
other activities that are required to be carried out for putting the STP in safe operations;
c. To develop storage facility at the Project site for sewage received and treated;
d. Solar power source with sufficient battery back-up for atleast 8 hours to operate the
units of STP shall be installed and operated as required;
f. Perform and fulfil such other obligations incidental to the proposed activities.
For detailed Scope of Work, please refer to the Draft Contract Agreement.
The design of proposed STP shall be based on proven technologies and those that have
been mentioned in GR No. SBM2019/Pra.Kra.141/Pa.Pu.16 dated 19.07.2019 or those
approved by Maharashtra Jeevan Pradhikaran (MJP)
i. All preparatory work, clearing out trees, shrubs, debris, Excavated earth within the site to
the extent possible and proper disposal of the extra surplus excavated earth to a suitable
location as decided by the Employer’s Representative.
ii. Site visit to be carried out by the bidder and should submit the self-declaration along with
submission of tender.
iii. Carrying out of necessary site surveys with levelling, geotech and as are deemed
necessary by the Bidder for the purpose of designs/ drawings checking which will be
subsequently approved by the Engineer-in-charge.
iv. The worst-case criteria for bearing capacity and other design criteria shall be used from
the site surveys and soil investigations.
v. The detailed Architectural & Structural designs and drawings for all civil works, including
those for plant components, buildings, building services, water supply, plant lighting,
storm water drainage etc. as per the requirement of the system.
vi. All the designs, drawings and specifications are required to be approved from by the
Engineer in charge.
vii. Detailed design and drawings of all RCC, mechanical, electrical and instrumentation
(P&ID) systems and all other equipment based on the approved design process, layout,
hydraulics and section drawings for all components, process flow diagram, design
calculations for unit sizing, .
viii. Process description accompanying process flow-chart with design values for inputs and
outputs for all the unit operations
ix. Design calculations indicating loading rates/retention period and efficiency of unit
operations w.r.t process flow chart
x. Dimensioned layout and section drawings including associated infrastructure such as
compound wall, septage receiving station, treatment units, internal drainage and any
other facility as required for the safe and efficient operation of the treatment facility
xi. Area statement for processing facilities and common areas etc.
xii. List of mechanical Equipments/machinery used with material specifications such as
capacity, MoC, Make etc
xiii. Unit wise Energy consumption statement
xiv. Implementation plan mentioning schedule for construction activities, procurement,
Installation, Commissioning and the time required for various Government approvals.
xv. Regular & emergency maintenance schedules
xvi. Re-use of treated outputs (liquid and solid).
xvii. Manpower requirement both during Construction and O & M period. Proposed
organization structure and composition of the project and operational team to be
presented, including staff deployment plan, suitable timings for plant operations and roles
and responsibilities etc
xviii. The Bidders shall indicate compliance mechanism towards environment, health and
safety regulations, as applicable to the Project which are proposed to be adopted during
the entire Contract Period
xix. Designs, manufacture, shop-testing, inspection, transportation to site, installation, testing
and commissioning of all piping & valves, mechanical, electrical, instrumentation &
control equipment and systems as per specifications.
xx. Construction and equipping of analytical laboratory for routine testing of raw and treated
septage quality on monthly basis and control of process parameters including fecal
coliform test;
xxi. Material testing shall be carried out by the NABL laboratory during construction work..;
xxii. Instituting Quality Assurance and Quality Control procedures during construction and O&
M period;
xxiii. Preparation and submission of “as-built drawings” for the plant;
xxiv. Trial runs, testing, commissioning and conducting of performance guarantee tests of
complete plant;
xxv. Training the departmental staff for maintenance of the plant
xxvi. Handing over of the Plant in good working condition with all relevant documents such as
as-built drawings, physical & operational condition of the assets, rights on proprietary
technologies, software, systems, O&M manual, periodical reports along with soft copy to
client
xxvii. Design shall be such that the plant requires minimum land foot print within the available
land leaving area for future expansion of STP
xxviii. Also, all chemicals, consumables, Fuel or any other item required till start of O & M period
shall be arranged by Bidder. Permanent Electric connection will be provided by the
Department at suitable point. The electricity bill during O&M shall be paid by Department.
In case electricity consumption is more than the guaranteed consumption, the exceeded
units of electric consumption shall be paid by the bidder with a penalty of two times of
exceeded guaranteed units at prevailing rates. In case the electricity exceeds guaranteed
power, consumption and persist, the recovery shall be calculated for whole life system.
xxix. Illumination of STP premises with suitable arrangement for better operation and
maintenance of plants.
xxx. Compound wall minimum 2.0m height and concertina coil fencing as per typical drawing
with 1 No. MS gate of size suitable for entry of lorry etc. along F.S.T.P. campus boundary as
shown in site plan. The wall should be designed considering relevant loadings. Fencing,
wherever required shall be provided as per specifications and codes as directed.
xxxi. The bidder should visit and acquaint himself with the site and assess site specific
conditions and works that will be required to satisfactorily complete and maintain the
plant including assessment of diversion and/or protection works required for the present
plant/plant site.
xxxii. The bidder will liaison to obtain the NOC/ consent from Maharashtra Pollution Control
Board (MPCB) for construction & operation of this ___KLD STP throughout maintenance
period. Necessary charges / deposit will be paid by Zilla Parishad.
xxxiii. The plant operations should be fully automated.
xxxiv. Structural designs / drawings vetting from reputed institutions like IIT/Govt. Engineering
College etc.
xxxv. Effluent Parameters to be achieved as per norms mentioned in clause 1.5
STP at
Construction of STP at ______ with the treatment capacity of ____KLD
After screen chamber sewage will be passed into Grit chamber. Grit Chamber is long
narrow tank that are designed to slow down the flow so that solids such as sand, grit
and other such material will settle down at the bottom which is further collected
and sent to sludge drying beds for disposal. Grit causes excessive wear and tear on
pumps and other plant equipment
After grit removal process sewage will be stored into raw sewage storage unit and
from here it is pumped for filtration or aeration process
Filtrate from the bottom of the filtration bed or Supernatant from settling tank is
collected and stored in Liquid storage unit. From here the treated effluent is
pumped for tertiary treatment
Partially treated effluent is passed through Pressure Sand Filter, Activated Carbon
Filter and disinfected using Chlorination to make it safe for human handling and for
further recycle of water. This is a safety measure and removes any objectionable
color, odor and pathogens from treated effluent.
The final treated effluent is stored in Treated water storage unit and used for non-
potable purposes like irrigation, gardening etc.
Phytorid are natural processes like stabilization ponds. Phytorid are shallow ponds comprising
of submerged plants and floating islands of marshy species. Natural forces including chemical,
physical, biological and solar is involved in the process to achieve wastewater treatment. Thick
mats of vegetation trap suspend solids and biological process takes place at the roots of the
plants & it produces the desired quality of treated sewage
Advantages
Disadvantages
Solids have to be removed; therefore, septic tank or passive clarifier shall be required
Decentralised systems are small, individual or cluster type wastewater facilities to provide
wastewater treatment services to residents. In the decentralised wastewater treatment
systems, wastewater can be treated onsite through aerobic and anaerobic techniques. The
anaerobic modules comprise of settlers, baffle reactors and anaerobic filters. The aerobic
modules have horizontal planted gravel filters and polishing ponds. This approach is based on
different natural treatment techniques, put together in different combinations according to
need. It is used for recycling both “grey” and “black” domestic wastewater
Pre-treatment is used for the screening and separation of the floating oil and grease in a grease
trap.
Primary treatment takes place in a settler or a septic tank in which the liquid part is separated
from the solid matter through sedimentation process. The settled sludge is stabilised by
anaerobic digestion. Secondary treatment of the wastewater takes place in the Baffled Reactors
which consist of a series of chambers, in which the wastewater flows up-stream. On the bottom
of each chamber activated sludge is retained. During inflow into the chamber wastewater is
intensively mixed up with the sludge whereby it is inoculated with wastewater organisms,
which decompose the contained pollutants.
Tertiary treatment takes place in the planted Gravel Filter through rootzone system. The main
removal mechanisms are biological conversion, physical filtration and chemical adsorption. The
treated water at this stage meets the requirement for recycling and reuse of water for
horticulture/irrigation purposes.
The screened and de-gritted raw sewage is pumped and allowed to pass through specially
designed Tiger Bio filter bed. The bed consists of various layers of filter material along with
Tiger worms and bacterial culture. The filter unit provides a habitat and respiration zone for
earthworm growth and propagation. It forms ecology to treat the wastewater aerobically.
Organics from the waste water are trapped during filtration process and treated by Tiger
worms as part of metabolism. This provides energy for living and reproduction. It will also
improve the filter media property and aeration by the burrowing activity so that the media
stabilization and filtration system become effective. The filtration bed material is selected
depending on characteristics of wastewater to be treated.
The Tiger worms used are the species capable of compositing human waste rapidly. The system is
designed accordingly with sufficient surface area and worm quantity. The worms consume the
sewage organic load in 24 Hrs making bed available for next day loading. As the worm population is
self-regulating depending upon availability of food (organics) resulting in increased efficiency and
operational feasibility.
Advantages
No recirculation of sewage.
Disadvantage
Any adjustments in price that result from the procedures outlined below shall be added,
for purposes of comparative evaluation only, to arrive at an “Evaluated Bid Price.” Bid
Prices quoted by Bidders shall remain unaltered.
The Evaluation of the financial bids submitted shall be carried out in following manner
a. The capital cost and O&M component shall be calculated based on above/below rate
quoted by the bidder
b. Based on the equipment selected, the bidder shall provide guaranteed power
consumption during operation and maintenance. The total guaranteed power cost for 5
years shall be calculated in the following manner –
Guaranteed daily power consumption given by the bidder X 365 days X 5 years X 7.70
rs./ kWh
The total price bid will be calculated by adding the above two parts.
Note: The above table is given only for reference. The bidder should not fill any details or
prices in the above table. The financial bid is to be given only in the Envelope 2 as per
formats given. Land cost shall not be accounted for evaluation.
The total Power consumption cost calculated as per the procedure stipulated above will be
added to the Bid Price (capital costs & O&M cost) to obtain the Evaluated Bid Price upon
which the decision for award of contract will be based.
The Bidders’ attention is directed to the fact that the operating costs for low energy
efficiency Plant and equipment will be substantially higher than the operating costs for
higher energy efficient Plant and equipment, and that the cost differential over the 5 year
period used in this calculation will, in all probability, greatly exceed any incremental capital
cost savings which may be realized by offering lower efficiency Plant. Bidders are
encouraged to offer Plant and equipment which has higher energy efficiencies at the
specified operating conditions.
Award criteria for Contract are the lowest evaluated bid price.
This schedule is to be filled in by the bidder. The guaranteed power consumption will be
used while evaluating the total bid price as per clause in Evaluation and Qualification
Criteria.
19. Annexure - I
For proposed technology the Bidders shall provide all technical details listed below as
separate Annexure:
i. Process description accompanying process flow-chart with design values for inputs
and outputs for all the unit operations
ii. Design calculations indicating loading rates/retention period and efficiency of unit
operations w.r.t process flow chart
iii. Dimensioned layout and section drawings including associated infrastructure such
as compound wall, internal roads, septage receiving station, internal drainage and
any other facility as required for the safe and efficient operation of the treatment
facility
iv. Area statement for processing facilities and common areas etc.
v. List of mechanical Equipments/machinery used with material specifications such
as capacity, MoC, Make etc
vi. Energy consumption
vii. Implementation plan mentioning schedule for construction activities, procurement,
Installation, Commissioning and the time required for various Government
approvals.
viii. Regular & emergency maintenance schedules
ix. Re-use of treated outputs (liquid and solid).
x. Manpower requirement both during Construction and O & M period. Proposed
organization structure and composition of the project and operational team to be
presented, including staff deployment plan, suitable timings for plant operations
and roles and responsibilities etc
xi. Risks and Mitigation plan which includes identification of risk w.r.t. proposed
technology associated with variable inputs of varying characteristics, ability of the
system to handle anticipated shocks such as floods, soil-subsidence, power outage,
process hazard etc and suggest mitigation measures over it
xii. The Bidders shall indicate compliance mechanism towards environment, health
and safety regulations, as applicable to the Project which are proposed to be
adopted during the entire Contract Period
20. Payment terms
All the construction related payments shall be paid by way of a lump sum fixed cost amount
quoted by the Selected Bidder as Bid Project Cost as per the following deliverables:
i. On submission and approval of the same by the Authority of the detailed design &
drawings (layout, general arrangement, P& ID, etc.) of the STP - 5%.
ii. On completion of 50% civil works for installation of the plant & machinery – 20%.
iii. On completion of balance 50% civil works for installation of the plant & machinery –
20%.
iv. On delivery of electromechanical and plumbing material at the Project Site of the Plant –
20%.
v. On installation, erection & commissioning of the plant & machinery and all support
infrastructures such as pipes, valves, electrical and mechanical components at the
Project Site – 20%;
vi. After successful trial run and on issuance of Project Completion Certificate – 10%.
vii. At the end of Defect Liability Period of 6 (six) months after trial run – 5%.
PRICE SCHEDULE
Description Rate Estimated cost