3)All Other Rules Regarding Workman Compensation Etc. Shall Be Binding on the Contractor

GENERAL CONDITIONS

1)Unless otherwise specifically provided for either in tender items or in specification or in the schedule of supply of materials, all items in the tender are inclusive of cost of all materials required for the execution of the items and these, as are provided as per relevant ISS or standard specification

2)All the materials used in the work shall be of best quality and any materials rejected shall be removed from the site within 24 hours

3)All other rules regarding workman compensation etc. shall be binding on the Contractor

4)All items to be executed in the course of the work have to be executed by the Contractor as per specification in P.W.D. Hand-book, the books of standard specification published by the Public Works Department of Government of Maharashtra, relevant I.S. specification (latest editions) and practice in vogue, at the rates as per rules of the Board and conditions of agreement in this respect. The contractor shall be responsible and liable to pay for damage to public property caused by him. He should keep the accounts of such materials in suitable book which would be available for inspection to the Engineer-in-charge. The contractor shall be responsible for proper handling and safe custody of all materials delivered by him for use on work. The material including pipes shall be procured by the Contractor as per requirement of work and no excess material shall be procured. Only used material, (with permissible wastage) shall be paid to the contractor. The excess material, remaining if any and if not required by department shall taken back by the contractor at purchase rate.

5)For all accident on the contracted works, the contractor shall be responsible to pay the compensation to the sufferer or his legal dependents as per the legal Compensation Act in force.

6)The contractor shall engage an authorised agent or an experienced qualified supervisor for the work capable for managing and guiding the work on his behalf. He shall take such order as may be given to him by the Engineer-in-charge from time to time and shall be responsible to carry them out promptly.

7)A work order shall be maintained at works site. The contractor shall sign the orders given by the Engineer-in-charge and Sub-Divisional Officer and shall carry them promptly. After completion of the work, the work order book shall be surrendered to the Board.

8)Quantities given in the tender are approximate and are liable for variation. Excavation of the trenches, pits will be according to actual strata met with. The contractor shall have no claim for compensation on account of any variation in the quantities and also for any variation in the depth for trenches/pits shown the drawings.

9)The contractor shall at his own expenses make all necessary provisions for housing, water supply and sanitary arrangements for his employees and shall pay direct to the authorities concerned all taxes and other charges. The contractor shall also comply with all requirements of the Health Department in regard to antimalaria.

10)It must be clearly understood that the condition of the contract and specification are intended to be rigidity enforced and no relaxation on the ground of conditions prevailing is to allowed.

11)The contractor will be entirely responsible for breach of law of local bodies, Government etc. While using private of public conveyance producing and stacking materials, employment of labour etc and he will out all expenses in this contract without any claim whatsoever on the department and the department shall not take any responsibility on this account.

12)Before entering any property, plot, land, premises of areas etc. the contractor shall make his own independent investigation through the Collector or Inspector of Land Records etc on is own about the ownership of the plot etc. and he will be liable for action for act of encroachment trespass etc committed by him or his labour or for the steps taken by the party concerned.

13)The contractor shall have to clear the site of work before the commencement of work and after the completion of work without any extra cost. The contractor shall construct at his cost a temporary shed of about 20 Sqm. (as per specification) carpet area for use as office for inspection of the work by the officers and for discussing the details of work writing work order etc. Necessary furniture such as chairs, tables, wooden box, etc will be provided on his own within fifteen days from the date of receipt of work order. It will be maintained properly till the work is completed. The department shall not payment charges for the shed etc and no materials will be issued by the department for this shed.

14)Arrangement for approach to works site for execution wherever necessary shall be made & maintenance by the contractor at his cost till the completion of work.

15)The contractor shall arrange for final lineout of work at his own cost and under supervision of responsible representatives of the Maharashtra Jeevan Pradhikaran.

16)All cement concrete shall be machine mixed and machine vibrated unless otherwise instructed by the Executive Engineer.

17)The contractor shall furnished a list of machinery in his possession which he proposes to use on the work.

18)The Contractor shall follow the instruction in general under notes for guidance of Page I and II of P.W.D. Head Book Volume – I

19)Labour Regulation :- The contractor will have to abide by the provision made under the Contract Labour (Regulation and Abolition) Act 1970 and Rules made there under by Government of Maharashtra License shall have to be produced prior to starting of work.

20)All items occuring in the work and as found necessary in actual execution shall be carried out in workmanship and like manner as per specification given in P.W.D. handbook and as per current specification prevalent in M.J.P. as per orders of Engineer-in-charge as stated above.

21)No interest will be payable to the contractor if there will be delay in payment of bills due to non availability of funds or any other reasons.

22)Tender of contractor shall be inclusive of quarry charges, octroi duties, taxes as levied by Municipal bodies, Local bodies, State and Central Govt. No claim for the reimbursement of above charges will be entertained.

23)If capacity of WTP change then it will be treated as extra item and the payment will be regulated according to instruction given in the Member Secretary Maharashtra Jeevan Pradhikaran, Mumbai circular No. 105 dt. 15/10/2005

24)If foundation of ESR change then difference in quantities will be treated as extra item and payment will be regulated according to instructions given in Member Secretary Maharashtra Jeevan Pradhikaran, Mumbai circular No. 105 dt. 15/10/2005

SPECIAL CONDITIONS OF CONTRACT (I)

1)Payment against excess quantities of various item :-

For payment of excess quantities of excavation during execution as per actual site condition weighted average rate for excavation in various strata with CSR in force at the time of cropping up of excess quantity will be worked out. For working percentage of quantities of as that of different strata will be the same as that of strata considered while working out rates of Schedule – ‘B’.

1. In case the depth of excavation for pipeline trenches exceeded more than 1.5 m. the rate for increased lift shall be worked out by adding the rates for additional lifts as per the CSR in future in the original rate as per Schedule – ‘B’

1. Before making payment of excess quantities as per rules, the concerned Executive Engineer should get himself satisfied regarding genuiness of the claim and he should also exercise a compulsory check of minimum 5% of measurement for a particular item Responsibility of informing the excess beyond quantities as per Schedule – ‘B’ ofv the tender for approval to Superintending Engineer and also for correctness of claims to be submitted in future shall rest with the Junior Engineer auditor and Divisional Accountant also. While submitting the proposal for approval, concerned authorities should consider the exact position of the revised estimates. If necessary due to this excess.

1. For executing any quantity, the excess over the quantity specified in the tender, the Contractor should be authorized by the Executive Engineer in writing.

1. While asking the contractor to execute such excess quantity, the concerned Executive Engineer should inform the contractor in writing specifically that the payment in excess of quantities specified in the tender will be made only after following concerned prescribed rules.

2)General :-

1. The quoted rate shall be total rate for the completed item of work as per the specification and shall be inclusive of all incidental charges such as lifts, leads for materials. Water for construction etc. The rates for excavation are inclusive of the fine edge of excavated pit beyond foundations.

1. The tenderer must obtain on his own responsibility and his own expenses all the information which may be necessary for the purpose of making a tender and for entering into a contract and must consider and satisfy himself with all local condition, sites and quarries, means of accesses, the nature of rock, material to be met with in all execution and all materials pertaining to work. Extra claims for the access to the construction site will not be entertained.

1. Specification of item stipulated for other sub works, shall be made applicable, where relevant.

3)Outline of works :-

1. The work will be on the lines of plans attached to tender documents. The plans are, however, liable to be changed and strata as shown may be variable.
2. The items of work and their approximate quantities are given in Schedule-B of the tender.

4)Unit :-

1. The rates quoted for each item are for units mentioned in Schedule-B against each item.

5)Site Conditions :-

1. It shall be presumed that the contractor has satisfied himself as to the nature and location of the works, general and local conditions, particularly those bearing on transport handling, storage of materials, availability of labour, weather conditions and has estimated the cost and quoted his rates accordingly M.J.P. will bear no responsibility for lack of such acquaintance with site conditions and consequences thereof. The contractor satisfy himself for accuracy of the details for given information, drawing and data of the site and water quality. However the final responsibility for all information shall be that of contractor.

The contractor shall be presumed of have visited the site, sampled the raw water, confirmed the availability of all the chemical, check all the particulars, such as levels, dimensions etc. personally, the contractor shall verify himself the foundation condition by independent exploration before quoting the offer, no claims on this account shall be entertained.

1. Set of tender documents as and condition (upto a maximum of two sets) at the direction of the Executive Engineer will be supplied to the contractor after acceptance of tender.

Set of drawing will be supplied with the tender documents. An additional set shall be made available to the contractor if possible and will be supplied as part of the contract documents at the rate of Rs. 5000/- per extra set.

6)Extra, Omission and Discrepancies :-

In all cases of the omissions, doubts or discrepancies in the dimensions in the drawing and items of works, reference shall be made to the Executive Engineer, whose decision shall be considered final.

7)Supply of Material by the Contractor :-

1. The contractor should supply all materials mentioned in Schedule – ‘B’ This shall be conforming to relevant ISS enclosed herein. All types of pipes, valves will be accepted only after due inspection of third party. The charges for the same shall be borne by the contractor.

1. Other material such as cement, for steel, etc shall be conforming to relevant ISS. Testing charges for cement, for steel shall be borne by the contractor. L & T cement 43 grade shall preferably by used for water retaining structures. For other works A.C.C. / Gujrat Ambhuja having ISI mark may be used.

1. In case of supply of pipes/valves etc by contractor, only 85% payment shall be released after supply and 5% after laying 10% after satisfactory hydraulic testing.

1. The contractor shall provide, at the site of work satisfactory storage for not less than one month’s average consumption of works and shall keep the cement stored in such a manner that will satisfy the Engineer-in-charge. The arrangement of storage and utilisation of cement in the order of its arrival at the stores and the contractor shall maintain satisfactory records which would at any time show the dates of receipt and proposed utilisation of cement lying in the storage.

1. The Executive Engineer-in-charge shall at all the times have access to the stores and sites method of storage records and security provided by the contractor. The contractor shall comply with instruction that will be given by Executive Engineer in this behalf.

1. The contractor shall further at all times satisfy the Executive Engineer on demand by production of books, of submission of returns in proforma as directed other proofs that the cement supplied is being used for the purpose for which it is supplied and the contractor shall at all times keep his records up to date and available to the Executive Engineer.

1. Any Royalty on material such as Khanij octroi etc. in sand, metal boulders should be borne by contractor.

SPECIAL CONDITIONS OF CONTRACT (II)

1)Time bound execution and planning of work to be submitted

by the contractor :-

The contractor must submit the programme of execution in the form of Bar-chart and monthly execution schedule of sub work at starting of work with approval of Chief Engineer Maharashtra Jeevan Pradhikaran Region, Nagpur

If the deviation in the execution schedule at any stage of work is found to be more than 10% the zonal officers shall have the right to terminate the tender of such contractor.

2)Time of completion of work

If at any stage of work, it is found that the execution of work is not as per the programme given in the Bar chart, a fine shall be imposed on the contractor. (Subject to 10% of the total value of work).

The execution of work should be carried out as per following phased manner

a)Period first 12 months :-

Completion of Head works, Raw Water Rising main, Water Treatment Plant .

b)Period 12 months to 24 months :-

Completion of Pure Water Feeder mains, Pumping Machinery and R.C.C. ESR’s.Distribution System.

Note : Permission will not be grated for 2nd stage of work, if 1st stage is not completed in all respect.

c) 24 month to 30 months :- Running of scheme

3)Appointment of Arbitrator

In case of any disputes raised between contractor and Executive Engineer during the course of contract regarding work, there shall be no provision for the appointment of an Arbitrator. The decision of the Member Secretary shall be held as valid and final. If the contractor files a case in appropriate court, the action of withdrawing the work and allotting it to any other agency shall be deemed to be continued as per the practice in vogue in the larger interest of implementation of work in time and as per original time schedule.

4)Contractor should provide following item to the department within 3 months after commencement of work.

a)COMPUTER OF LATEST CONFIGURATION – 1 Nos.

With following specification

(Original Pentium (Chipset) – IV

Hard Disk-80 G.B.

Ram-256 MB

Floopy Drive-1.44

Mother Board-P-IV

Processor -3.0 GB

CD-Writer-52 x

Colour Monitor 21”-Samsung or LG

Modem-154 x – 2 Nos.

Multimedia-Sound card With head phone, Mike

Mouse-Wireless – 2 Nos.

Tv Turner Card-

Scanner-HP – 2 Nos.

PRINTER :-

1] Latest Laser Printer (HP) 1010 – 1 No.

NOTE :-

1)All above Items specifications should be got approved from Engineer-in-charge before supply to department .

5Arboriculture and landscaping in the premises of WTP Campus :-

The necessary Arboriculture / plantation and landscaping in the WTP campus . should be made by contractor as per the direction of Engineer-in-charge. It is inclusive of supply of plants, planting at site, necessary guarding by tree guards, watering upto the handing over of the campus to the department etc complete.

ACQUINTANCE WITH SITE CONDITIONS

AND WORK CONDITIONS

1)The contractor shall study the site condition, general condition and data included in the tender papers and get it verified from actual inspection of the site etc. before submitting the tender. In case of doubts about any items or data included in this tender or otherwise, it shall be got clarified by applying in writing to the Executive Engineer, 15 days in advance before date of submission of the tender. Once the tender is submitted, it shall be considered that the contractor has verified and made himself conversant with all the details as required for quoting the rates and completing the work as per tender conditions and specification.

2)Contractor shall not sell or otherwise dispose off or remove except for the purpose of this contract, the rubble, stone metal, sand or other material which may be obtained from any excavation made for the purpose of the contract. All such materials shall be MJP’s property and shall be disposed off in the manner and at place as may be directed by the Engineer-in-charge. Contractor may with the permission of the Engineer-in-charge in writing and when directed by him, use any of the materials free of cost.

3)Other unforseen items to be done in the course of work will have to be done by the contractor as per specifications in P.W.D. Hand book Volume I and II and will be paid at mutually agreed rates, ISS and standard prectice in vogue. Extra charge of claims in respect of extra work shall not be allowed unless the work to which they relate are in the spirit and meaning of the specification or unless such works are ordered in writing by the Engineer-in-charge and claimed for in the specified manner before the work is taken in hand.

MATERIALS :-

4)The Contractor shall make his own arrangements for obtaining rubble, khandki, headers, metal, sand, murum etc from MJP or private quarry. Applications of the contractor for reasonable area of Government land required for this purpose can be recommended to Revenue Authorities without any guarantee of making the land for quarry available.