COMMENTS/SUGGESTIONS ON TERMS OF REFERENCE AND...

MUNICIPAL CORPORATION OF DELHI

NIT PUBLISHED IN THE LEADING NEWSPAPERS ON ALL INDIA BASIS

NIT: - EE (Project-II) WZ /TC/2009-10/18 Dated: 23.07.2009

1) The Executive Engineer (Project –II), West Zone, Under Zakhira Flyover, Zakhira, New Delhi-110015, on behalf of the Commissioner, MCD, invites applications for sale of ten-der from eligible & competent contractors/firms/joint venture companies for the execu-tion of following work. Name of work: Improvement and strengthening of 45’ and 60’ ROW

Roads in Kirti Nagar Lakkar Mandi in West Zone.

Sub Head: Construction of Culvert & S.W. Drainage system & construction of Roads by Providing Design Mix Concrete.

Tender Amount: Part-A: Rs. 914.50 lacs & Part-B: Rs. Item Rate

Earnest Money: Rs. 23,00,000/ Estimated Cost Rs. 1226.33 lacs

Period of completion 18 months Validity of Rates 5 Months

Head of A/c : C.R.F. Tender Cost: Rs. 5000/-

Being specialized job any firm or contractor who is not registered in Municipal Corporation of Delhi but having experience in this field will be eligible for tendering. Sufficient documentary evidence will have to be produced by firm/contractor in support of the same at the time of submitting application for sale of tender. In case the application is being submitted by a consortium of partners/companies/organization the lead bidder should fulfill eligibility condition and also submit their acceptance of all consortium partners along with the application.

2) Contractors/firms/joint venture companies who fulfill the following requirements shall be eligible to apply:

a. Should have satisfactorily completed three works of similar nature each costing Rs. 3.00 Crore or two works each costing Rs. 4.50 Crore or one work costing Rs. 6.50Crore during the last five years ending last day of the month of March 2009 (attested copies of certificate for satisfactory completion of works issued by an officer not below the rank of Executive Engineer, to be attached).Note: Similar works means civil work of Rigid Pavement and construction of S.W.Drain and Culverts, having provision of item of Pre-Cast Segments or Girders and Slabs.

b. Should have had average annual financial turnover of Rs. 3.00Crore on construc-tion of work during the last 3 years ending 31st March (Attached certificate duly audited by C.A.)

Lakkar Mandi (WHS) Kirti Nagar 1


c. Should not have incurred any loss in more than 2 years during the last 5 years ending 31st March.

d. Should have a solvency of Rs. 3.00Crore

3) For sale of tender, the applicants must request in writing to the undersigned along with the certificates mentioned above at the address: Executive Engineer (Project –II), West Zone, Under Zakhira Flyover, Zakhira, New Delhi-110015, on payment of Rs.5000.00 (non refundable) on or before 04.09.2009 in the shape of Bank Draft drawn on scheduled bank payable at Delhi in favour of the Commissioner, Municipal Corporation of Delhi. The schedule of tender issue and submission is given under:-

Application for sale of tender : 10.08.2009 to 24.08.2009 upto 15.00 hrs. Last date of issue of tender : 04.09.2009 upto 15.00 hrs.Date of Pre Bid Meeting : 11.09.2009 at 15.00 hrs. Submission of Technical & Financial Bid : 18.09.2009 upto 15.00 hrs. Opening of Technical Bid : 18.09.2009 at 15.30 hrs. Opening of Financial Bid : 25.09.2009 at 15.30 hrs

Tender will be received in the office of SE (Project)-VI, Kashmere Gate, Delhi.

The pre-bid meeting will be held on 06.04.2009 in the office of undersigned. For any further enquiry, undersigned may be contacted at Mobile No.0-9717787987 or office phone number Ph.011-25434529 & 25442774. This NIT / Press Notice can also be seen on the web Site MCD i.e. http://www.mcdonline.gov.in

Sd/-Executive Engineer, (Project-II)-WZ



SECTION –1

NOTICE INVITING TENDER

1. Item Rate tenders in the prescribed form (Two bids system i.e. Technical Bid and Price Bid) are invited on behalf of the Commissioner, MCD from eligible & competent contractors for the execution and completion of following Project / Work:

Name of work: Improvement and strengthening of 45’ and 60’ ROW Roads in

Lakkar Mandi (WHS), Kirti Nagar in West Zone.


The rates will be quoted in figures as well as in words. Where there is a discrepancy between the amounts in figures and words, the amount in words will govern for working out the Tendered cost.

Tenders will be received in the office of SE-Project-VI West Zone at Room No. 228, IInd Floor, Old Hindu College Building, Kashmere Gate, Delhi-110006 up to 3.00PM on 14.09.2009.

2 The work is estimated to cost Rs. 1226.33 lacs only. The estimate however is given merely as a rough guide only.

3. Tender document consisting of drawings, specifications, special conditions and particular specifications etc., schedule of quantities indicating the extent of the various classes of work to be done and the set of terms and conditions of contract to be complied with by the Contractor will be issued by Executive Engineer (Project –II), West Zone, Under Zakhira Flyover, Zakhira, New Delhi-110015.

4. Agreement shall be drawn with the successful tenderer on the basis of tender conditions as given in the tender document. Tenderer shall quote his rates in the Schedule of Quantity, as per various terms and conditions of the said form and the amendments thereto as referred in Schedule “F” and other chapters of this tender, which shall form part of the agreement.

5. The time allowed for carrying out the work shall be 18 months after twenty two days from the date of issue of the Letter of Acceptance of tender or from the first day of handing over of the site, whichever is later, in accordance with Phasing, if any, indicated in the tender documents and inclusive of rainy seasons.



6. The site for the work is available and shall be handed over immediately after the award of work, but the work shall be carried out as per construction phasing and diversion scheme approved by Engineer-in-Charge.

7. A pre bid meeting shall be held by the Executive Engineer (Project –II), West Zone, Under Zakhira Flyover, Zakhira, New Delhi-110015, on 11.09.09 at 3:00 PM in his chamber. The tenderers should study the drawings, Specifications, Schedule of Quantities, Special conditions, Terms and conditions given in the tender documents etc. carefully and should discuss in the meeting any doubts, clarification needed and may suggest any amendment in the prescribed terms & conditions.

A site visit shall be held on same day to acquaint the tenderers about the location of work and site conditions without prejudice to any conditions of the tender.

Attending of Pre-Bid meeting by the tenderers is compulsory for all the tenderers.

Moreover, useful suggestions/new ideas, during the pre-bid meeting shall be welcomed by the department but the right to accept/reject the suggestion vests with the department.

On the basis of the deliberations in the pre-bid meeting, if any amendments in the NIT conditions and in structural arrangement is found reasonable and agreed upon by the Engineer-in-Charge, the same shall be affected through issue of corrigendum to NIT which shall, for all purposes, become a part of the tender documents.

8. The tender documents shall be accompanied by the Earnest money of Rs.23,00,000/- (Rupees twenty three lacs only) in the shape of Bank Guarantee of a Scheduled bank or Nationalized Bank on Performa as per Annexure E issued in favour of Commissioner, MCD Town Hall Delhi, valid for a period of 6 months. A part of earnest money i.e. Rs. 11.50 lacs can be accepted in the form of Bank Guarantee also issued by a schedule bank. Tender cost should be submitted in form of Bank Draft & Bankers cheque in favour of Commissioner, M.C.D. at the time of sale of tender for manual tenderer. Other terms and conditions may be obtained from the office of undersigned.

9. The tender shall not be witnessed by the Tenderer who himself have tendered for the same work. Failure to observe this condition would render tender of the tenderer tendering as well as witnessing liable to be summarily rejected.

10. The Tenderer shall sign all the pages of the documents comprising the Tender.11. Tenderers are advised to inspect and examine the site and its surroundings and satisfy

themselves before submitting their tenders as to the ground and sub-soil condition (as far as is practicable), the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. A tenderer shall be deemed to have full knowledge of the site whether he inspects or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The tenderer shall be responsible for arranging and



maintaining at his own cost all materials, tools & plants, water, electricity access, facilities for workers and all other services required for executing the work unless otherwise specifically provided for in the tender Document. Submission of a tender by a tenderer implies that he has read this notice and all other documents and has made himself aware of the scope and specifications of the work to be done and of conditions and local conditions and other factors having a bearing on the execution of the work.

12. The Tenderer is to tender in two separate sealed envelops for:

i) Technical Bid – Envelop Iii) Tender document including Price Bid – Envelop II.

Both the envelopes (envelope No. I & II) shall be placed in outer envelop which will bear tender number, name of work and dead line time and date of opening and shall be duly sealed.

13. The Tenderer must ensure that the Price Bid shall appear at Pages _________ and nowhere else.

14. Technical Bid and Tender Document including Price Bid shall be submitted simultaneously on due date and time. Only Technical Bid shall be opened on that date of all the tenderers. Tender Document including Price Bid shall be kept sealed. The price bid of only those successful tenderers who will qualify in the technical bid on the basis of criteria mentioned in the NIT already published, and along with other details given in the tender document at page No.29 in Appendix-I shall only be opened.

15. Tender documents purchased from the office of Executive Engineer shall also be submit-ted duly signed on all the pages of all the Sections along-with their proposal.

16. A number of agencies / departments shall be working at the site. The agency shall work in close co-ordination with them and if there is some delay at any location for handling over the site or there is some unforeseen hindrance at any particular location, the agency shall modify their programme accordingly and nothing extra shall be payable on this account.

17. The description of the work is as follows: The work involves construction of Culvert and S.W.Drainage System , compaction of

excavated bed of drain, Providing and laying lean concrete at the base, construction of Built-up drain with brick work as per the site feasibilities and as per the items taken in the BOQ along-with other incidental items / work mentioned in the tender document.

The work involves construction of Roads by Providing Design mix concrete,



providing M-35 grade concrete with transverse contraction /construction joint and pdg. longitudinal joint by cutting machine with a diamond cutter in cement concrete pavement , providing and laying lean concrete at the base, S/S of granular sub-base as per the site feasibilities and as per the items taken in the BOQ along-with other incidental items / work mentioned in the tender document as per design by 3rd party quality checking.

18. If it were found that the tender is not submitted in proper manner or contains too many corrections or absurd rates or amounts, it would be open for the MCD to take suitable action against the contractor. These types of tenders will be summarily rejected.

19. The competent authority on behalf of the Commissioner, MCD does not bind himself to accept the lowest or any other tender and reserves to himself the authority to reject any or all the tenders received without the assignment of any reason. All tenders in which any of the prescribed condition is not fulfilled or any condition including that of conditional rebate is put forth by the tenderer shall be summarily rejected.

20. Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited and the tenders submitted by the contractors who resort to canvassing will be liable to rejection.

21. The competent authority on behalf of Commissioner, MCD reserves to himself the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rate quoted.

22. The contractor shall not be permitted to tender for works in the MCD circle (responsible for award and execution of contracts) in which his near relative is posted as Divisional Accountant/Accounts Officer or as an officer in any capacity between the grades of Superintending Engineer and Junior Engineer (both inclusive). He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any gazetted officer in MCD. Any breach of this condition by the contractor would render him liable to be removed from the approved list of contractors of this Department.

23. No Engineer of gazetted rank or other gazetted officer employed in Engineering or Administrative duties in an Engineering Department of the Govt. of India/Govt. of Delhi is allowed to work as a contractor for a period of two years after his retirement from Govt. of India/GNCTD, without the previous permission of the Govt. of India/GNCTD in writing. This contract is liable to be cancelled if either the contractor or any of his employees is found any time to be such a person who had not obtained the permission of the Govt. as aforesaid before submission of the tender or engagement in the contractor's service.



24. The tender for the work shall remain open for acceptance for a period of 150 days from the date of opening of tenders. If any tenderer withdraws his tender before the said period or issue of letter of acceptance, whichever is earlier or makes any modifications in the terms and conditions of the tender which are not acceptable to the Department then the Government shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid.

25. This notice inviting tender shall form a part of the contract document. The successful tenderer/contractor on acceptance of his tender by the Accepting Authority, shall, within 15 days from the stipulated date of start of the work, sign the contract consisting of: a) The notice inviting tender, all the documents including additional conditions,

specifications and drawing, if any, forming the tender as issued at the time of invitation of tender and acceptance thereof together with any correspondence leading thereto.

b) Standard MCD Form 8 i.e. General Conditions of Contract as given in the tender documents.

26. The tenderer should be registered under Delhi Value Added Tax Act 2004 and he will submit a valid "No Dues Certificate" from concerned authority along with application for issue of tender or submit an affidavit that up to date returns have been filed and agency has no dues towards the sales tax / value added tax department.

27. The department shall deduct Income Tax on the value of work done from each bill of the contractor as per prevailing Government instructions / orders. In lieu, the department shall issue a certificate of deduction of the tax at source to the contractor, in relevant forms.

28. Engineer-in-Charge shall deduct TDS for DVAT as per prevailing Government instructions / orders from the total payment made to contractor in pursuance of this contract. This TDS shall also be deducted on advance payment to be adjusted in future bills and on the amount of cost escalation. The TDS certificate shall be issued by the Engineer-in-Charge to the contractor in form DVAT 43 within 28 days from the end of the month in which tax has been deducted.

29. The contractor shall quote his rates keeping in mind the site conditions, specifications; terms & conditions, particular specifications and special conditions etc. and nothing shall be payable extra whatsoever unless otherwise specified. If the tenderer does not quote the rate for any item, leaving the space blank, whatsoever, it will be presumed that the tenderer has loaded the cost of this / these item(s) on other item(s), and he will execute this / these items at zero cost, and the tender will be evaluated accordingly.



30. In the tender documents the word "MCD" shall mean Municipal Corporation of Delhi wherever exists.

31. In the tender documents the word "Department" shall mean "MCD" wherever exists.

32. The department shall deduct building and other construction workers welfare cess @ 1% on the value of work done from each bill of the contractor.

Executive Engineer,Division-Project-II, west zone,

New Delhi. For and on behalf of Commissioner MCD



MCD-8ENGINEERING DEPARTMENT


STATE: DELHI ZONE: West CIRCLE: S.E-PROJECT (VI), MCD

BRANCH: PROJECT Division – Pr. West-II, MCD

Item Rate Tender & Contract for Works

Tender for the work: -

Name of work: Improvement and strengthening of 45’ and 60’ ROW Roads in Kirti Nagar

Lakkar Mandi in West Zone.


(i) To be submitted by 3.00 PM on 18.09.2009 to office of SE-Project-(West)/VI at Room No. 228, IInd Floor, Old Hindu College Building, Kashmere Gate, Delhi-110006.

(ii) To be opened (Only Technical Bid) in presence of tenderers who may be present at 3.30 PM hours on 18.09.2009 in the place mentioned above.

Issued to: _____________________________________________________________________ (Name of Contractor)

Executive Engineer, Division-Pr.West-II,

Date of Issue:



T E N D E R

I / we have read and examined the notice inviting tender, schedule A, B, C, D, E & F. Specifications applicable, Drawings & Designs, General Rules and Directions, Conditions of Contract, clauses of contract, Special conditions, Schedule of Rate & other documents and Rules referred to in the conditions of contract and all other contents in the tender documents for the work.

I/We hereby tender for the execution of the work specified for the Commissioner, Municipal Corporation of Delhi within the time specified in Schedule ‘F’, viz., schedule of quantities and in accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in Rule-1 of General Rules and Directions and in Clause 11 of the Conditions of contract and with such materials as are provided for, by, and in all respects in accordance with, such conditions so far as applicable.

I/We agree to keep the tender open for One Hundred and Fifty (150) days from the due date of submission thereof and not to make any modifications in its terms and conditions.

A sum of Rs.23,00,000/- has been deposited in the shape of Bank Guarantee valid for a period of 6 months as earnest money. If I/We, fail to furnish the prescribed performance guarantee within prescribed period, I/we agree that the said Commissioner, MCD or his successors in office shall, without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money absolutely. Further, if I/we fail to commence work as specified, I/we agree that Commissioner, MCD or his successors in office shall, without prejudice to any other right or remedy available in law, be at liberty to forfeit the said earnest money and the performance guarantee absolutely, otherwise the said earnest money shall be retained by him towards security deposit to execute all the works referred to in the tender documents upon the terms and conditions contained or referred to therein and to carry out such deviations as may be ordered, upto maximum of the percentage mentioned in Schedule ‘F’ and those in excess of that limit at the rates to be determined in accordance with the provision contained in Clause 12.2 and 12.3 of the tender form.

I/We hereby declare that I /we shall treat the tender documents, drawings and other records connected with the work as secret / confidential documents and shall not communicate information / derived there from to any person other than a person to whom I /we am/ are authorized to communicate the same or use the information in any manner prejudicial to the safety of the State.

Signature of Contractor &Postal Address_________________________________________________________

Dated ___________ *

Witness: ___________________________ *



Address: ___________________________ *

Occupation ___________________________ *

* To be filled in by the ContractorNote: Tender without witness shall be liable for rejection



A C C E P T A N C E

The above tender (as modified by you as provided in the letters mentioned hereunder) is

accepted by me for and behalf of the Commissioner, Municipal Corporation of Delhi for

a sum of Rs.________________

(Rupees_________________________________________________

_________________________________ ).

The letters referred to below shall form part of this contract Agreement: -

a)

b)

c)

Signature _____________________

Executive EngineerDivision-Project –west-II

Under Zakhira Flyover, Zakhira, New Delhi-15.Dated _________________



SCHEDULES

SCHEDULE 'A' Schedule of Quantities from Page _____ to _______ of tender document

SCHEDULE 'B' Schedule of materials to be issued to the contractor

SI. No. Description of Item

Quantity Rates in figures & words at which the material will be charged to the contractor

Place of Issue

1 2 3 4 5

NIL

SCHEDULE 'C' Tools and Plants to be hired to the contractor

Sl. No Description Hire charges per day Place of Issue1 2 3 4

NIL

SCHEDULE 'D' Extra Schedule for specific Requirements / documents for the work, if any.

: As given in Tender document

SCHEDULE 'E': Schedule of component of cement, steel, other materials, Labour etc. for price Escalation and expressed in percentage of total value of work.

: Cement: Xc = 15 % Steel: Xs = 35 % Other materials: Xm = 30 % POL: Z = 10 % Labour : Y = 10 %

SCHEDULE 'F'



Reference to General conditions of contract:- General condition of contract as given in the tender document.

Name of work: Improvement and strengthening of 45’ and 60’ ROW Roads in Kirti Nagar Lakkar Mandi in West Zone.


Estimated cost of Work : Rs. 1226.33 lacs

Earnest Money : Rs.23,00,000/-

Security Deposit : 10% of tendered value of the work

General Rules & Directions

Officer Inviting Tender : Executive Engineer, Division-Pr-II .west zone

Under Zakhira Flyover, Zakhira, New Delhi-15

Maximum percentage for quantity of items of works to See Belowbe executed, beyond which rates are to be determined in accordance with Clause 12.2 & 12.3. : Definitions:

2 (v) Engineer-in-Charge : Executive Engineer, Division-Project –west-II

Under Zakhira Flyover, Zakhira, New Delhi-15

2 (viii) Accepting Authority Standing Committee (MCD)Town Hall, Delhi

2 (x) Percentage on cost of materials 15% and labour to cover overheadsand profits

2 (xi) Standard Schedule of Rates CIVIL WORK(CPWD DSR-2007) and Ministry of Road Transport and Highways (MORT&H) Standard Data Book for Analysis of Rates with correction



slips issued up to the last date of issue of tender and Market rates.

2(xii) Department MCD

9(ii) Standard MCD Contract Form MCD Form 8-2005 as modified and corrected up to the last date of issue of tender

Clause 1 Deleted

Clause 2 Authority for fixing compensation : Superintending Engineer

Clause 2AWhether Clause 2A shall be applicable : No

Clause 5 Number of days from the date of issue of letter of acceptance for reckoning date of start : 22 days

Table of Mile Stones : As per table given below

Table of Mile Stone(s)

S. No. Financial Progress Time allowed (from date of start)

Amount to be with-held in case of non achievement of

milestone

1. 1/8 TH (of whole work) 1/4 TH (of whole work) In the event of not achieving the necessary progress as assessed from the running payments. 1% of the tendered value of work will be withheld for failure of each milestone.

2. 3/8 TH (of whole work) 1/2 TH (of whole work)

3. 3/4 TH (of whole work) 3/4 TH (of whole work)

4. Full Full

Time allowed for execution of work : 18 months

Authority to give fair and reasonable : Standing Committee, MCDExtension of time for completion of work



Clause 7 Gross work to be done together with : net payment/adjustment of advance for material collected, if any, since the last such payment for being eligible tointerim payment

Clause 10C, 10CA, 10CC Clause 10CC of general condition of contract as given in this tender document shall be applicable.

Clause 11 Specifications to be followed for Execution of work The following specifications with correction

slips / amendments issued up to the last date of issue of tender.

Civil 1. MORTH specifications for Roads and

Bridge work (Fourth Revision) 2001.

2. CPWD Specifications 1996 Vol. I to VI

3. Revised CPWD Specifications 2002 for Cement, Mortar, CC and RCC works.

4. Particular and other specifications attached elsewhere in the tender documents.

Clause 12

12.2/12.3 Deviation limit beyond : 30% for all except foundation itemswhich clause 12.2 and 12.3 shall apply

12.5 Deviation limit beyond which : 30% clause 12.2 and 12.3 shall apply for foundation work

Clause 16 Competent Authority for : Deciding reduced rates Superintending Engineer (Civil)

Clause 25Arbitration Clause : Deleted

Clause 36 (i)

Requirement of Technical Representative (s) and Recovery Rates:



Sl. No.

Designation (Principal Technical / Technical

Representative)

Minimum Qualificatio

n of Technical

Representative

Discipline

Minimum Experience

in years

Number

Rate at which recovery shall be made from the contractor in the event of not fulfilling provision of clause 36(i)

1 Project Manager Graduate Engineer

Civil 15 0.5 Rs.50,000/- per months

2 Project Engineer/ Asstt.

Engineer

Graduate Engineer

Civil 8 1 Rs.30,000/- per month per person

3 Site Engineer/ Jr. Engineer

BE (Civil) or Diploma

Civil 2 or 5 2 Rs.20,000/- per month per person

4 Surveyor Minimum Diploma Engineer

Civil 8 1 Rs.15,000/- per month per person

Note: The recovery shall be applied on pro-rate basis.

Clause 42i) (a) Schedule / Statement for determining

Theoretical quantity of cement & bitumen: DSR 2007 with amendments thereto issued up to the last date of issue of tenders, as per Nomenclature of Item and Job Mix Designs

ii) Variations permissible on theoretical Quantities

a) Steel reinforcement and structural steel : 2% (Two Percent) Plus / MinusSections for each diameter, section andCategory

b) Cement : 2% (Two Percent) Plus / Minus

c) Bitumen for:(i) Tack coat : 2.5% plus only and NIL on minus

side

(ii) BM, DAC & Mastic work : As per MORTH Specification (4th

Revision) 2001.

d) All other material : NIL



RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION

S. No.

Description of Item Rates in figures and works at which recovery shall be made from contractor

Excess use beyond permissible variation

Less use beyond the permissible variation

1. Bitumen of grade 60/70

Nil Rs.65,000/- per M.T

2. Cement (OPC) Nil Rs.10000/- per M.T

3. Cement (PPC) Nil Rs.10000/- per M.T

4. Steel reinforcement (TMT Bars)

Nil Rs.90,000/- per M.T

Executive Engineer,Division-Pr.west-II,



SECTION-2

INSTRUCTIONS TO TENDERERS WITH SITE INFORMATION

A. GENERALSite Information

1. Kirti Nagar Indl. Area (work house for timber and mineral traders) situated in south Kirti Na-gar Indl. Area is an important commercial center in West Delhi. Kirti Nagar Indl. Area is lo-cated at Rama Road (Sat Guru Ram Singh Road) near Mayapuri Crossing and is surrounded by Kirti Nagar Industrial Area.

2. The existing road surface is in deteriorated condition and need immediate improvement and resurfacing there is no proper drainage system for storm water on these roads and the same needs to be provided as water logging occurs during the rainy season.

3. The proposal of resurfacing of carriageway by pdg 10 cm thick C.C. 1:5:10, for lean concrete and 26 cm thick RMC M-35 grade, storm water of adequate capacity is proposed on either side of disposing of storm water has also been taken in the estimate.

4. It is therefore hereby requested to all tenderers before submission of the bids, they should visit the site in entire length to get detailed site information and accordingly sub-mit the bid by taking into account all the difficulties in the execution of this work.

2.1 SCOPE OF TENDER

2.1.1 This invitation for tender is open only to eligible and competent tenderers who shall qualify in the Technical Bid.

2.1.2 To this supplemental to any previously submitted information by prospective ten-derers, all tenders to be submitted shall include the following information

a) General information of the tenderer shall be furnished in Form T-1. Copies of original documents defining the constitution and legal status, certificate of registration and ownership, principal place of business of the company, Corporation firm, partnership or, if a joint venture including consortium, of each party thereto constituting the tenderer will also be required to be furnished. Information regarding any current litigation in which the tenderer (or any party to a joint venture) is involved shall also be given through Form T-1.

b) In the case of tender by a joint venture of two or more firms or companies as part-ners or as members of consortium as the case may be, joint venture data in the format prescribed (Form T-1) along with the documents mentioned therein must be furnished. The following requirements shall also be complied with:



i) One of the partners shall be nominated as being Partner-in-Charge. This au-thorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners. The consortium will simi-larly authorize a person to be in-charge and this authorization shall be evi-denced by a power of attorney in favour of that person by all constituents forming the consortium.

ii) The tender, and in the case of successful tender, the Form of Agreement shall be signed by each partners/constituents, so as to be legally binding on all partners/constituents as the case may be.

iii) The partner in charge or the person in charge as aforesaid shall be authorized to incur liabilities and receive instructions for and on behalf of any and all the partners of the joint venture or constituents of the consortium and the en-tire execution of the contract including payment shall be carried out exclu-sively through the partner in charge of joint venture and person in charge of a consortium.

iv) All partners of the Joint Venture or constituents of the consortium shall be liable jointly and severally for the execution of the contract in accordance with the contract terms and a relevant statement to this effect shall be in-cluded in the authorization mentioned under (ii) above as well as in the Form of the Tender and the Form of Agreement (in case of a successful ten-der).

v) In the event of default of any partner in the case of joint venture and con-stituents in the case of consortium in the execution of his part of the Con-tract, the partner/person in charge will have the authority to assign the work to any other party acceptable to the Employer to ensure the execution of that part of the contract.

vi) A copy of the Agreement entered by the joint venture partners shall be sub-mitted with the tender. This has to be in a format acceptable to the Em-ployer.

c) Financial data and Experience Record of the Tenderer to be furnished in for-mat prescribed (Form T-II & T-III)

d) The qualifications and experience of key personnel proposed for administra-tion and execution of the contract, both on and off site to be given in the for-mat prescribed (Form T-IV )

e) Details of the plants & equipment proposed to be deployed on the project to be furnished in format prescribed (Form T-VI).



f) Details of quality assurance systems and organization to enforce the same (Tenderer to furnish the details in a narrative form).

g) In the case of a joint venture/consortium, information as required under Sub-Clause 2.1.2c to 2.1.2f in respect of each partner/company including Forms T-II to T-VI will be required to be furnished. (Additional Sheets may be used where necessary).

h) Details of works in hand T-VII.

i) Bank Solvency Certificate T-VIII.

j) Relevant experience of similar nature of work in narrative form giving details of the projects.

2.1.3 The information supplied as detailed above will be used in the evaluation of tenders. Each page T-1 to T-VIII and additional information shall be signed by the authorized sig-natory.

Power of Attorney in favour of the signatory will be required to be furnished as in Clause 2.15.0

2.1.4 Cancellation or creation of a document such as Power of Attorney, partnership deed, con-stitution of firm etc. which may have bearing on the tender/contract shall be communi-cated forthwith in writing by the tenderer to the Engineer and the Employer.

2.1.5 If the agency gives any wrong information or suppresses any material facts, the Em-ployer shall be free to reject such a tender at any stage and even cancel the contract (after the acceptance of the tender) at the risk and cost of the agency.

2.2.0 Cost of Tendering

2.2.1 The tenderer shall bear all the cost associated with the preparation and submission of his tender as per scope of work. General conditions of Contact (GCC) & Special Conditions of Contract (SCC) and other provisions, of the tender documents and the Employer will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tendering process.

2.2.2 Each Tenderer shall submit only one tender either him self or as a Lead Partner/Lead Constituent in a joint venture/consortium for the work. The tenderer who submits more than one tender for the same work will be disqualified.

2.3.0 Site visit



2.3 The Tenderer is advised to visit and examine the site of work and its surroundings at his/their cost and obtain for himself on his own responsibility, all information that may be necessary for preparing the tender and entering into a contract.

i) The Tenderer shall be deemed to have inspected the site and its surroundings be-fore hand and taken into account all relevant factors pertaining to the site in the preparation and submission of the Tender.

ii) The Tenderer(s) must get aquatinted with the proposed site for the work and study specifications and conditions carefully before tendering. The work shall be exe-cuted as per programme approved by the Engineer-in-Charge. The site shall be made available in parts resulting in some unavoidable delays and the programme of construction shall be modified accordingly and the contractor shall have no claim for any extra cost or compensation on this account. Further amount being damages caused due to any reason whatsoever on account of Excepted Risks (Ex-cepted risks are defined in clause 2.8 of General Conditions of Contract, Section-VII) including natural calamities shall not be payable to the contractor in any manner at any time in lieu of the work in question.

iii) A number of agencies / departments shall be working in this area. The successful tenderer shall work in close co-ordination with them and if there is some delay at any location for handing over the site or there is some unforeseen hindrance at any particular location, the successful tenderer shall modify their programme ac-cordingly and nothing extra shall be payable on this account.

B. TENDER DOCUMENTS

2.4.0 General

2.4.1 The tenderer is expected to examine carefully all the contents of the tender documents in-cluding instructions, conditions of Contract, forms, terms and specifications and drawings and take them fully into account before submitting his offer. Failure to comply with the re-quirements as detailed in these documents shall be at the tenderers own risk. Tenders which are not substantially responsive to the requirements of the tender documents will be rejected.

2.4.2 The Standard specifications books like the Technical specifications of MORT&H and IRC and other codes and specifications referred to in the Technical specifications or the special conditions shall not be issued along with the Tender documents, but shall be deemed to be integral part of the tender/contract though these are not signed by the ten-derer. These specification books which are priced publications can be purchased by the tenderer/contractor from the respective departments separately.

2.5.0 Clarifications on Tender Documents



2.5.1 While all out efforts have been made to avoid errors in the drafting of the tender docu-ments, the tenderer is advised to check the same carefully. No claim on account of any er-rors detected in the tender documents shall be entertained.

2.5.2 A prospective tenderer requiring any clarification of the tender documents may notify the Executive Engineer in writing or by cable (hereinafter “Cable” includes telefax and fac-simile). Written copies of the Engineer’s response (including an explanation on the query but without identifying the source of enquiry) will be sent to all prospective tenderers who have received the tender documents. Only written communications/clarifications shall be considered as valid.

2.6.0 Pre Tender Meeting

2.6.1 The purpose of the meeting will be only to clarify issues and to answer questions on any matter that may be raised at that stage. Tenderers may take this opportunity to make visits to work site. However, this will be subject to conditions set out in Clause 2.3.0 herein.

2.6.2 The tenderer should submit list of queries/clarifications in writing or by telefax before the date fixed for pre tender meeting.

2.6.3 Any substantive clarification or modification arising out of the pre-tender meeting would be formalized only by an addendum to the Tender Documents as per procedure outlined in Clause 2.7.0. Conditions set out in Clause 2.5.2 herein regarding no validity of all communications other than written one in relevant.

2.6.4 The Employer / Engineer may decide not to reply to any of the queries if the same are considered not necessary to be answered for the bid to be submitted, and his decision in this regard shall be final.

2.6.5 Non attendance of the meeting would not be a cause for disqualification of a Tenderer.

2.7.0 Amendment to Tender Documents

2.7.1 At any time prior to the deadline for the submission of tenders, the Employer may, for any reason, whether at his own initiative or in response to a clarification or query raised by a prospective tenderer, modify the tender documents by issuing an addenda.

2.7.2 Any addendum issued shall be part of the Tender documents and shall be communicated in writing or by cable to all purchasers of the Tender Documents to reach them at least 10 days prior to the deadline for the submission of tenders (reference clause 2.17.0). This communication will be in writing through letter or tele-fax and the same shall be binding upon them. Prospective tenderers shall acknowledge receipt of each addendum in writing or by cable to the Employer. The Employer shall assume no responsibility for postal de-lays.

2.7.3 All documents issued for the purpose for tendering and any amendments issued in accor-dance with Clause 3.7.0 shall be deemed as incorporated in the Tender.

C. PREPARATION OF TENDERS



2.8.0 Documents comprising the Tender

2.8.1 Documents to be submitted by the Tenderer have been listed in Appendix I. This list of documents has been prepared mainly for the convenience of the tenderer and any omission on the part of Employer shall not absolve the tenderer of his responsibility of going through the various clauses in the Tender documents including the specifica-tions and to submit all the details specifically called for (or implied) in those clauses.

2.8.2 The tenderer shall furnish an undertaking that he has acquainted himself, in consultation with Engineer-in-charge, with the overall scope of work, structural schemes, related construction technique/sequences of construction etc. based on which tender documents have been finalized, and he has acquired first hand knowledge in this respect.

2.9.0 Work Schedule

2.9.1 The tenderer is required to submit along with the Tender a work schedule for the entire work. The schedule shall be a detailed programme with the dates and methodology showing the approach to the execution of the work so as to complete the work within the time of completion stipulated. The detailed programme in the form of a Microsoft Project Management Software/Primavera shall include all activities from commencement to commissioning.

2.9.2 Construction Methodology:

The tenderer shall furnish the detailed construction methodology and construction sequence proposed to be adopted for the execution of this work . The construction methodology shall be prepared considering the site constraints like heavy traffic volume on Lakkar Mandi (WHS) Kirti Nagar roads and Rama Road. The construction methodology shall have to ensure the following:

- Safety of adjacent and overhead structures during and after the construction. - To cause least inconvenience to the traffic during construction. - Least environmental pollution during the construction.

The bidder shall also submit construction phasing cum diversion scheme, keeping in view the site conditions like heavy traffic volume on Lakkar Mandi (WHS) Kirti Nagar roads and Rama Road, and narrow width of approach lanes to the drain. The work shall be carried out as per construction phasing and diversion scheme approved by Engineer-in-Charge.

2.9.3 Activity Chart cum construction schedule:

The stipulated period of completion is 30 months. The bidders have to submit their construction schedule not exceeding the stipulated period in the form of Microsoft Project Management Software / Prima Vera, duly related with the approved construction phasing. The contractor has to submit monthly program and progress report.



A mile stone chart covering start and completion of following activities shall be submitted along with the Tender:

2.9.4 MATERIAL PROCUREMENT SCHEDULE:

Commensurate with the proposed overall construction plan, the bidder shall prepare and submit a material procurement schedule. This schedule shall include a list or material including complete shuttering/staging including all accessories and couplers with total estimated quantities and their procurement plan on a time scale. Where phased procurement of any material is envisaged, the bidder shall also furnish the details of quantities in each phase and the timing of delivery at site.

2.9.5 PLANTS AND EQUIPMENTS:

The contractor has to arrange a minimum number of following major plants and equipment in good working condition required for execution of work at the beginning of work.

S. No Equipment Capacity(Minimum)

Number(Minimum)

1 Fully automatic computerized concrete batching and mixing plant as per the specifications with print outs for admixture, concrete batching and other items

30 cum/hour 1

2. Transit mixers 6 cum 23. Concrete pumps (stationery) 30 cum/hour 14. Tippers & dumpers 45. Poclain (excavator) 60cum/hr 16 JCB 17 Cranes 60-100 ton 18. Crane 10-20 ton 19. Dewatering pumps 15 & 20 hp 210 Bar bending and bar cutting machine 111 Core Cutting Machine 112 Welding machines 113 Low bedded trailer (for transporting pre-cast

segments/girders)2

14 Gantry for pre-casting yard for handling stacking etc. of segments/girders

1

The above list of plants and equipment is not exhaustive and the actual requirement may be more. However this shall not relieve the contractor of his responsibilities to complete the work within the stipulated time.



All constructional tools, plants and machineries provided by the contractor shall when brought on to the site, be deemed to be exclusively intended for the construction and completion o[ the works and the contractor shall not remove the same or any part thereof from the construction site, without the consent in writing of the Engineer-in-charge. All T&P and machinery including formwork mobilized by the contractor for execution of this work shall remain his property and shall be demobilized and taken away from the site after completion of said work. All machinery and equipments brought for the work shall be in good working condition with average age not more than 5 years.

2.9.6 CONTRACTOR’S ORGANISATIN FOR THE PROJECT:

The bidder will furnish their organization set up along with the list and bio-data of persons to be deployed at various levels and for various item of work. The contractor shall supply information on experience and qualification of the key person and an alternate for each position, both of whom should meet the following minimum experience requirements:

Sl. No

Designation (Principal Technical / Technical

Representative)

Minimum Qualificatio

n of Technical

Representative

Minimum

Experience in years

Number

Remarks*

1 Project Manager

Graduate Engineer

15 0.5 Should have completed minimum one major bridge/viaduct/flyover at site, as Project Manager.

2 Project Engineer/

Asstt. Engineer

Graduate Engineer

8 1 For on site supervision of various items of works and co-ordination with deptt. site engineers.

3 Site Engineer/ Jr. Engineer

BE (Civil) or Diploma

2 or 5 2 For on site supervision of various items of works.

4 Surveyor Minimum Diploma Engineer

8 1 Should have relevant experience in surveying using total station and Auto-cad & M.S. Excel.

** Similar works means, pre-cast segmental/girders construction, Pre-stressed / Segmental, Bridges or flyovers. The Engineer from either of these fields must be deputed as per nature of work assigned to them at site.

The broad details of subordinating supervisory staff, mechanics/electricians, masons, Machine / crane operators, accounts and administration staff etc. shall also be submitted.



If during the course of execution, the Engineer-in-charge is of the opinion that the deployed staff is not sufficient or not well experienced; the contractor may be asked to deploy more staff or better experienced staff at site to complete the work in stipulated time.

2.10.0 TENDER AMOUNT

2.10.1 The tenderer is required to quote for the entire work as per tender documents.

2.10.2 The rates/costs quoted by the tenderer shall be reasonable and not unbalanced. Should the engineer come across any unbalanced rates/costs, he may require the tenderer to fur-nish detailed analysis to justify the same. If after his examination, the Executive Engineer still feels the rates/costs to be unbalanced he may ask the Tenderer for additional security Deposit or other safeguards to protect Employer’s interest against financial loss. Should the tenderer fail to comply with this, his tender shall be liable to be rejected by the Em-ployer, who may award the Contract to any other tenderer.

2.10.3 The Tenderer shall keep the contents of this tender and rates quoted by him confiden-tial.

2.11 CURRENCIES OF THE TENDER

2.11.1 Tender amount shall be quoted in Indian Rupees only.

2.12 TENDER VALIDITY

2.12.1 The tender shall remain valid and open for acceptance for a period of 150 days (One Hundred and Fifty days) from the date of opening of Price Bid.

2.12.2 In exceptional circumstances, prior to expiry of the original tender validity period, Executive Engineer may request the tenderers for a specified extension in the period of validity. The request and the response thereto shall be made in writing or, by tele-fax. A tenderer may refuse the request, without forfeiting his tender security. A ten-derer agreeing to the request, shall not be required or permitted to modify his tender but will be required to extend the validity of his earnest money correspondingly.

2.13 EARNEST MONEY

2.13.1 The tenderer shall furnish, as earnest money, an amount of Rs 23.00 Lacs. 2.14 INTEREST ON EARNEST MONEY DEPOSIT

2.14.1 No interest will be payable by the Employer on the earnest money amount cited above.

2.15 FORMAT AND SIGNING OF TENDERS



2.15.1 i) If the tender is submitted by a proprietary firm, it shall be signed by the proprietor above his full name and the full name of his firm with its current address.

ii) If the tender is submitted by a firm in partnership, it shall be signed by a partner holding the Power of Attorney for the firm. A certified copy of the partnership deed and Power of Attorney shall accompany the tender. Alternatively, it shall be signed by all the partners.

iii) If the tender is submitted by a limited company or a limited corporation, it shall be signed by a duly authorized person holding the power of attorney for the firm. A certified copy of Power of Attorney shall accompany the tender. Such limited company or corporation may be required to furnish satisfactory evidence of its existence before the contract is awarded.

iv) If the tender is submitted by a Joint Venture or consortium of two or more firms, it shall submit complete information pertaining to each firm in the joint venture or consortium and state along with the tender as to which one of the following firms shall have the responsibility of tendering and for completion and due performance of the contract and also furnish evidence admissible in law in respect of the authority, assigned to such firm on behalf of the joint venture or consortium for tendering, completion and evidence pertaining to the participation of each member of the joint venture or consortium in the tender shall be furnished along with the tender. All members shall be jointly and severally responsible to the Employer. Provisions under Sub-clauses 2.1.2 may be referred to in this context.

2.15.2 i) Entries to be filled in the tender shall be typed or written in indelible ink. Each page of such document should be signed in full at the bottom by the person submitting the tender along with the date of signing. Each page of printed documents should be initiated at the bottom by the person submitting the tender along with the date of initialing.

ii) The person signing/initialing the documents shall be one who is duly authorized in writing by or for and on behalf of the tenderer and / or by a Statute Attorney of the Tenderer. Such authority in writing in favour of the person signing the tender and/or notarially certified copy of Power of Attorney as the case may be shall be enclosed along with the tender.

2.15.3 The complete tender shall be without alteration, overwriting, interlineations or erasures except those to accord with instructions issued by the employer or as necessary to correct errors made by the tenderer. All amendments shall be initialed by the person or persons signing the tender. There shall be no erasures.

2.15.4 Special care shall be taken to write the rates in figures and words both and the amount in figures in such a way that interpolation is not possible. The total amount should be written both in figures and in words. In case of figures, the word “Rs.” Should be written before the figure of Rupees and “P” after the decimal figure e.g. Rs. 22.15 P. And in case of words, the word “Rupees” should precede and the word “Paise”



should be written at the end. Unless the rate is in whole Rupees and followed by the word only. It should invariably be in two decimal places.

2.15.5 All witness and sureties shall be persons of status and probity and their full names, occu-pations and addresses shall be written below their signature.

D. SUBMISSION OF TENDERS

2.16 Sealing and Marking of Tenders

2.16.1 The tenderer shall follow the procedure as indicated below :

One copy of the documents as listed under Appendix-I at page 29 for Technical Bid shall be submitted in Envelop No. 1 duly sealed and marked Technical Bid. The envelop should bear on the cover the name and address of the tenderer and should be addressed to the Employer duly subscribing on top the Name of work.

2.16.2 The Tender and Price Bid only shall be placed in envelop No. 2 and duly sealed and marked Price Bid in similar manner.

2.16.3 Both envelop No. 1 & 2 shall then be placed in an outer cover which shall bear the Ten-der Number, Name of work and deadline time and date of opening and shall be duly sealed.

2.16.4 No responsibility will be accepted by the Employer for the misplacement or prema-ture opening of a tender, not sealed or marked as per aforesaid instructions.

2.17 Deadline for submission of Tender

2.17.1 Tenders must be received by the Employer at the address, time and date specified in the NIT.

2.17.2 Tenders may be submitted in person to the Employer or sent through post or courier system. The Employer cannot take any cognizance and shall not be responsible for delay in transit. The tenders should reach the Employer before the deadline time and date stipulated in NIT.

2.18 Tenders not submitted in sealed envelop

2.18.1 Tenders sent telegraphically or through other means of transmission (Telex, Telefax etc.) which cannot be delivered in a sealed envelope shall be treated as defective, in-valid and shall stand rejected.

2.19 Late Tenders

2.19.1 Any tender received by the Employer after the deadline prescribed by the Employer for submission of tender in NIT & Sub Clause 2.17.1 herein may be returned un-opened to the tenderer.

E. TENDER OPENING AND EVALUATION



2.20 Tender Opening

2.20.1 The Employer or his authorized representative will open the first envelop i.e. Techni-cal Bid in the presence of tenderers or their duly authorized representatives (having proper authority on the letter head of the tenderer) who chose to attend at 15.30 Hrs (IST) on date specified in the NIT. If such nominated date for opening of tender is subsequently declared as a public holiday by the Employer, the next official working day shall be deemed as the date of opening of tender. Only the Technical Bid, En-velop No. 1 shall be opened on this appointed day.

2.20.2 The Tender of any tenderer who has not complied with one or more of the foregoing in-structions may not be considered.

2.20.3 The Employer/Engineer or his representative will examine the tenders to determine whether they are complete in all respect, having the requisite Earnest Money and ful-fill all the requirements for Technical Bid as stipulated in Appendix-I at page 29 of the Tender Document and documents have been properly signed.

2.20.4 The tenderer name, the presence or absence of the requisite Earnest Money and such other details as the Employer or his authorized representative, at his discretion may consider appropriate will be announced at the time of tender opening.

2.20.5 The second envelop i.e. the Tender including Price Bid of all tenderers whose technical Bid is complete in all respect shall be kept intact for opening on a subsequent date.

2.21.0 Process to be Confidential

2.21.1 Except the public opening of the tender, information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the Technical qualification shall not be disclosed to tenderers or other persons not officially concerned with such process.

2.21.2 Any effort by a tenderer to influence the Employer / Engineer in the process of examination, clarification and evaluation may result in the rejection of the tenderer’s tender.

2.21.3 The tenderers whose Bids are considered to be technically responsive shall be instructed for opening the Price Bid on date and time to be fixed by the Engineer-In-Charge. The Price Bids of tenderers whose technical Bid is found not responsive shall be returned unopened.

2.21.4 The Price Bids shall be opened in the presence of intending tenderers in a similar manner as the Technical Bid.



2.22.0 Clarification of Tenders

2.22.1 To assist in the examination, evaluation and comparison of tenders, the Engineer/Em-ployer may ask tenderers individually for clarification of their tenders including break-down of the prices. The request for clarification and the response shall be in writing or by telefax or telex but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm correction of arithmetical errors dis-covered by the Engineer during the evaluation of tenders in accordance with Clause 2.25 herein.

2.23.0 Determination of Responsiveness

2.23.1 Prior to the detailed evaluation of tenders, the Engineer will determine whether each ten-der is responsive to the requirements of the tender documents. This shall be done sepa-rately at the state of evaluation of Technical Bid.

2.23.2 For the purpose of this Clause, a substantially responsive tender is one which conforms to all the requirements as mentioned in Appendix I at pages 29 of this document, terms, conditions and specifications of the tender documents without material deviation or reservation. “Deviation” may include exceptions, exclusions and qualifications. A mate-rial deviation or reservation means that affects in any substantial way the scope, quality, performance or administration of the works to be undertaken by the tenderer under the contract or that “limits in any substantial way, the Employer’s right or the tenderers obligations under the contract as provided for in the Tender documents and/or is of an essential condition, the rectification of which would affect unfairly the competitive po-sition of other tenderers presenting substantially responsive tenders at reasonable prices.

2.23.3 If a tender is not substantially responsive to the requirements of the tender documents or if the construction method proposed by the tenderer is considered impracticable, it will be rejected by the Employer, and will not subsequently be permitted to be made re-sponsive by the tenderer by correction or withdrawal of the non conformity or infirmity. In case a tender is found non responsive during evaluation of Technical Bid, in that case the Price bid of such tenderers shall not be opened

2.23.4 The decision of the Engineer as to which of the tenders are not substantially responsive or have impractical construction technology shall be final

2.24 Correction of Errors

2.24.1 Tenders determined to be substantially responsive will be checked by the Engineer/Em-ployer for any arithmetical errors in computation and summation. Errors will be cor-rected by the Employer/Engineer such that where there is a discrepancy between amounts in figures and in words, the amount in words will govern.

2.24.2 If a tenderer does not accept the correction of errors as outlined above, his tender will be rejected and his earnest money shall be forfeited.

2.25 Evaluation of Tender



2.25.1 The Employer / Engineer will evaluate and compare only those tenders determined to be substantially responsive, based on the requirements of the tender documents.

2.25.2 The Employer / Engineer will evaluate and compare only those tenders determined to be substantially responsive, based on the requirements of the tender documents.

2.25.3 The evaluation by the Employer/Engineer will take into account in addition to the tender amount the following factors :

a) Arithmetical errors corrected by the Employer/Engineer in accordance with Clause 2.24.0.

b) Such other factors of administrative nature as the Employer/Engineer may consider to have a potentially significant impact on contract execution, price and payments, including the effect of items or unit rates that are unbalanced or unrealistically provided.

2.25.4 Other deviation and factors which are in excess of the requirements of the tender docu-ments or otherwise will result in the accrual of unsolicited benefits to the tenderer, shall not be taken into account in tender evaluation.

2.25.5 Price adjustment provisions applicable during the period of execution of the Contract shall not be taken into account in tender evaluation.

F. AWARD OF CONTRACT

2.26 Award Criteria

2.26.1 Subject to Clause 2.29, the Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the requirement of the bidding documents and who has offered the lowest total cost of the works.

2.27 Employer’s right to accept any Bid and Reject any or all Bids

2.27.1 Not withstanding Clause 2.28, the Employer reserves the right to accept or reject any bid and to cancel the bidding process and reject all bids, at any time prior to award of Contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Em-ployer’s action.

2.28 Notification of Award and signing of Agreement

2.28.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the period of bid validity by cable, telex or facsimile confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called



“the Letter of Acceptance”) shall name the sum which the Employer will pay to the Contractor in consideration of the design, execution, completion and maintenance of the Works by the Contractor as prescribed by Contract, (hereinafter and in the Condi-tions of Contract called “the Tendered Value”).

2.28.2 The notification of award will constitute the formation of the Contract subject only to the furnishing of a performance security in accordance with provisions of Clause 2.29.

2.28.3 Notice Inviting Tender shall form a part of the Contract Document. The successful Ten-derer / Contractor, on acceptance of his tender by the Accepting Authority, shall within 15 days from the date of award of work sign the contract consisting of :-

a) The Notice Inviting Tender, all the documents including additional conditions, specifica-tions and conceptual drawings, if any, forming part of the tender as issued at the time of invitation of Tender and acceptance thereof together with any correspondences leading thereto.

b) General Conditions of Contract.

c) Special Conditions of Contract.

d) Contractor’s offer with all drawings and correspondences.

It will then be signed by the Employer and copy sent to the successful Bidder within 28 days following the notification of award of work.

2.29 SECURITY DEPOSIT

2.29.1 Total amount of10% of tendered value will be deducted from running bills as security de-posit. After the completion of work 50 % of the amount of security deposit deducted shall be returned immediately after the recording of date of completion and balance 50 % amount of security deducted shall be refunded to the contractor after the mainte-nance period of one year.

2.29.2 Provided always that no “Security Deposit” amount shall become due nor payable to the contractor unless all the stipulations of the contract have been fulfilled by the contrac-tor and all claims and demands made by the employer for and in respect of damage or loss by firm or in consequence of the works have been finally settled.

2.30 MAINTENANCE PERIOD

2.30.1 The maintenance period for the work shall start after the date of completion of project and duration of maintenance period shall be 12 months (twelve months) .



2.31 DEFECT LIABILITY PERIOD

2.31.1 The defect liability period of this work shall be 10 years from the date of completion of the work and for any defect (if appeared) in the main structural work during this period, the contractor shall be liable to rectify the same or replace the defective constructed portion with the new construction free of cost as per direction of Engineer-In-Charge.



APPENDIX – I

TECHNICAL BID (ENVELOP – I)

CHECK LIST OF DOCUMENTS TO BE SUBMITTED IN TECHNICAL BID

S.No. Documents Reference to Clause of “Instructions to Tenders” (if any)

1 Power of Attorney for individuals signing on 2.1.2 (b)behalf of Company/Firm, or-Power of Attorney in favour of the Partner-In-charge of Joint Venture/Consortium

2 Earnest Money 2.13.0

3. General Documents 2.8.0

i) Copy of original documents related to Registration andOwnership as well as Constitution and Legal Status ofthe Tenderer with detailed information including onlitigation etc. (Form T-I) 2.1.2(a)

ii) Joint Venture data, Consortium agreement(Form T-I) 2.1.2(b)

iii) Financial data and experience record of TendererParticularly experience in execution of similar Nature of works (Form T II & T III) 2.1.2(c)

iv) Key Personnel for administration of the Contract(Form T-IV ) 2.9.6

v) List of Plant and machinery available with the Agency 2.9.5 alongwith ownership proof. T- V

vi) Work in hand (in Form T-VI) 2.1.2(i)vii) Bank Solvency Certificate (in Form T-VII) 2.1.2(i)viii) Undertaking (in form T-VIII) ----------ix) No dues certificate from D-VAT-2004 ----------

4. Details of quality assurance systems and organization 2.1.2(f)

5. Tender’s work schedule/activity chart cum construction schedule 2.9.1 & 2.9.3

6. Construction methodology 2.9.2

7. Material procurement schedule 2.9.4

8. Undertaking 2.8.2

PRICE BID: ENVELOP – II



Price bid to be specified on Pages ___________ under Section VI of this tender document and

shall be submitted in a separate sealed envelop (Marked “II”) along with bidding documents.

FORM T-1PAGE-1 OF 2

GENERAL INFORMATION AND JOINT VENTURE DATA(Refer Sub-clauses 3.1.2(a) & (b)

Notes :

i) Attach an attested photocopy of Certificate of Registration and ownership as well as Constitution and legal status.

ii) In case of Joint Venture/Consortium, attach an attested photocopy of Agreement indi-cating inter-alia distribution among the members/constituents.

1. Name of Tenderer/Company.

2. Constitution and Legal Status as applicable.

3. Names of participating members/constituents.

a)

b)

c)

d)

e)

ENCLOSED SEPARATELYWITH TENDER LETTER

4. Address, telephone, Telex, Telefax, Cable Numbers of each Member / constituent

Registered Office Office for correspondence

a)



b)

c)

d)

e)

ENCLOSED SEPARATELY WITH TENDER LETTER

FORM T-1PAGE 2 OF 2

5. Name of Lead Partner / Constituent in case of joint venture/Consortium.

6. Distribution of responsibilities among partners/constituents (Among other details specify the sub-items of works for which each of the partners/constituents would be responsible).

ENCLOSED SEPARATELY WITH TENDER LETTER

7. Date and place of Joint Venture / Consortium Agreement(copy of the agreement to be enclosed).

8. Names and Addresses of Banks to the Joint Venture/ Consortium.

9. Has black-listing or de-registration action been initiated or taken against the Tenderer by any Government or Public Sector Undertaking or a private organization during the last 10 years. If yes, give below or in an attached sheet details and their outcome.

10. Information on current litigation/arbitration which the tenderer is involved (to be given in the Performa below)

(Attach extra sheets if required)

Party with whom Dispute arose and nature of dispute

Cause Amount involvedRs. (Millions)

Present Position and remarks

1 2 3 4

11. Names and addresses of Associated Companies to be involved in the project and whether Parent/Subsidiary/Other.



12. If the company is subsidiary, what involvement, if any, will the Parent company have in the project?

13. Organization charge showing the company structure, position of Directors and key personnel.

14. (In case of Foreign Companies only)

Name & Addresses of any Associate, the Company has in India, knowledgeable in the procedure of Customs, Immigration etc.

FORM T-IIPAGE 1 OF 2

FINANCIAL DATA

[Refer Sub-Clause 3.1.2(c)]

A. Summary of assets, liabilities, profit/loss and turnover on the basis of the “Audited Financial Statements” of the last three financial years:-

S.No. Description Year………..(Rs. In Crore)

Year………(Rs. In Crore)

Year……….(Rs. In Crore)

1. Total Assets

2. Current Assets

3. Total Liabilities

4. Current Liabilities

5. Net Worth (1-3)

6. Working Capital (2-4)

7. Profit of Loss

8. Total value of construction done



B. Financial Resources

1. Total amount of financial resources and credit line:

(Provide evidence of financial resources; cash in hand lines of credit etc. list them at Annexure with copies of support documents)

2. Name, Address, telephone and telefax numbers of Bankers who may provide refer-ence if required.

3. Attach copy of audited Financial Statements of the last three financial years as An-nexure Financial Value to be given in crores of Rupees.

FORM T-IIPAGE 2 OF 2

FINANCIAL DATA[Refer Sub clause 3.1.2(c)]

4. List all on-going contracts of value of Rs.6.75Crores and above.

S. No.

Name of work/Contract

Value (Rs. InCrores)

Name of *Employerand address

Value of work Still to be Completed(Rs.In Crore)

Date of Commencement

Scheduled Date of completion

1. 2. 3. 4. 5. 6. 7.



Total Under Columns (3) & (5)

Employer – Organization paying for the works.

FORM T-IIIPAGE 1 OF 1

EXPERIENCE RECORD

1. List of all contracts of value of Rs.6.75Crores and above of similar nature of work ex-ecuted during the last 5 (Five years).

S.No.

Nature and name of work with location and

name and address of *employer as well as

**Engineer

Total Value(Rs. Crore)

Value of Contract for

which contractor

was

Stipulated time of

completion(Years)

Date of Start / date of

completion



responsible (Rs. Crore)

1 2 3 4 5(A) 5(B)

* Employer – Organization which paid for the works.** Engineer – Supervision Consulting Engineer for the works, if any.

FORM T-IVPAGE 1 OF 1

PROPOSED SITE ORGANISATION



A. Site Organization Chart.

B. Narrative Description of site organization chart.

C. Description of relationship between head office and

* Site Management

* Indicate Clearly distribution of authority and responsibility between Head Office and Site management.

Note: In Site Organization Charts ‘indicate clearly for each site the name of personnel against each position in “Narrative Description of the site organization chart” indicate the specific area of responsibility of each personnel. These are required so that the adequacy of Personnel for completing the work within the specified time can be appreciated.

FORM T-VPAGE 1 OF 1



LIST OF PLANT AND MACHINERY AVAILABLE WITH THE CONTRACTOR ALONGWITH THE OWNERSHIP PROOF AND MODEL YEAR OF EACH

MACHINERY



FORM T-VIPAGE 1 OF 1

LIST OF ALL SIMILAR WORKS COSTING ABOVE Rs.6.75CRORE IN HAND (PROGRESS)

Name Of work

Name & particularsOf Employer where

Work is beingExecuted

Value ofWork(Rs. In Crores)

Position of works in

Progress(Percentage)

Remarks

1 2 3 4 5



FORM T-VIIPAGE 1 OF 1

BANK SOLVANCY CERTIFICATE

This is to certify that M/s ………………………………………… is a reputed company with a

good financial standing.

If the contract for the work, namely ………………………………………….. is awarded to the

above firm, we shall be able to provide overdraft / credit facilities to the extent of Rs.

………………………….. to meet their working capital requirements for executing the above

contract during period.

Signature

Name of Bank Manager

Address of the Bank



FORM T-VIIIPAGE 1 OF 1

UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s ______________________________

_______________________________ would invest a minimum cash up to 25% of the value of

the work during implementation of the Contract.

_______________________________________________(Signed by contractor or an Authorized Officer of the Firm)

_________________Title of Officer

_______________Name of Firm

________________Dated:





SECTION – 3

SCOPE OF WORK

The scope of work for this Project is Construction of Culvert & S.W. Drainage system & con-struction of Roads by Providing Design Mix Concrete on turnkey basis i.e. the agency has to ex-ecute all the items/works required for the completion of this Project as per the direction of Engi-neer-in-Charge. The Department shall supply the detailed Design & Drawings.

Detailed scope of work for Construction of Culvert & S.W. Drainage system :-

The Construction of Culvert & S.W. Drainage system is proposed by built up brick work drain.

The detailed scope of work is as under:-

Dismantling / Demolition of berms and ramps and any other structure required at the site for execution of the entire scheme/project.

Excavation of earth on the side of berms to the required level.

Taking out all the serviceable material and disposing of the same to the nearest Municipal store.

Reinforced cement concrete 1:2:4 (1 cement: 2 C. Sand : 4 graded stone agg. 20mm nom-inal size).

Reinforcement for RCC work i/c straightening, cutting, bending, placing in position, cold twisted bar

Brick work with FPS bricks of class designation 75 in cement mortar1: 4 (1 cement: 4 C. Sand) over lean concrete 1:5:10 (1 cement: 5 C. Sand: 10 graded stone agg. 40mm nomi-nal size).

12mm cement plaster 1:4 (1 cement: 4 C. Sand) with neat cement punning.

Cement concrete 1:2:4 (1 cement: 2 C. Sand: 4 graded stone agg. 20mm nominal size) in the bed of drain.

Carriage of surplus earth/malba/ etc. to the sanitary landfill site.

Back filling of earth to the sides of the open space left on the sides of walls of the Drain and excavation line.

Precast RCC slab 70mm thick manufactured with cement concrete 1:2:4 Reinforced with 96 kg/cum of RCC i/c lapping of four sides with M.S.sheet 1.6mm thick.

Relaying /Re-fixing/Reuse of the serviceable materials obtained from the sites as per the direction of the Engineer-in-Charge.



One time Desilting of covered Drain after the completion of work. .

Submission of L-section of the Drain and Road along the Drain by taking the levels at an interval of 15.00M.

Detailed scope of work for construction of Roads by Providing Design Mix Concrete:

The construction of Road is proposed by providing Design Mix Concrete by Paver fin-isher and other machineries etc. if any applicable for the work

The detailed scope of work is as under:

Excavation of earth to the required level.

Taking out all the serviceable material and disposing of the same to the nearest mu-nicipal store.

Providing and laying C.C. Pavement of mix M-35 with Ready Mix Concrete over the lean concrete 1:5:10.

Supply and stacking granular sub base of grading one of table 400.2 of MORT&H specification.

Reinforcement for RCC work i/c straightening, cutting , bending, placing in position, cold twisted bar.

Providing transverse contraction/construction joints by cutting machine with a dia-mond cutter.

Providing longitudinal joint by cutting machine with a diamond cutter.

Providing polythene sheet having thickness of 125 micron of light colour not black.

Constructing brick masonry Road gully chamber 50X45X60 cm with NP2 class RCC pipe.

GENERAL INSTRUCTIONS & OTHER INCIDENTAL WORKS: Before quoting the rates in the Price- bid, the contractor should read the following instructions carefully and he should keep in mind the views/ ideas of the department, and incidental works and other



scope of work for which no separate/extra payments shall be released and contractor should account the cost of following incidental works to the items of BOQ/SOQ/Price Bid.

1. The contractor may have to execute the work in and under foul conditions and under water, for all leads, depth and lifts, so he must quote the rates accordingly. No extra payment on this account shall be made.

2. The contractor shall have to execute the work at a depth of 3.00M to 5.00M from the adjoining Road level in the entire reach of the Drain. So, the contractor should quote the rate accordingly for all the items to be executed for this work for all lifts and depth. Nothing, extra shall be payable due to extra depth/lift for any item of the entire project.

3. The contractor shall have to execute the work near the services crossing the Drain in a way by providing full protection / temporary supports and watch and ward during the night time also to prevent any loss / theft to the services. Nothing extra shall be payable to the contractor and he should quote the rate accordingly.

4. No amount being interest, compensation, damages will be payable to the contractor on any account, at any time, in lieu of the work in question. If the work gets delayed due to any unforeseen reason, only provisional extension of time shall be granted.

5. The contractor shall provide and maintain a central casting yard for the entire construction period with the necessary arrangement for casting of Pre-cast Segments of Drain work.

6. Sequence of construction should be such that there is no stoppage of Traffic at any point of time during the execution of work.

7. Transplantation of any tree if required shall be carried out by the contractor and no extra cost for this shall be payable.

8. The contractor shall clear the silt up to the existing bed level of the Drain to find out the profile /invert level of existing Drain by Auto level instrument at least on 10-12 locations before the start of the work to finalized the proposed invert level of the Drain.

9. Preliminary works like setting out (using total station survey) and maintenance of per-manent benchmarks, reference points, central & outer line of the drain, etc. It shall also include making adjustment in the layout if required as per site conditions and as directed by the Engineer-in-Charge. The contractor should submit survey plan giving levels and locations of proposed structures of slip roads, side Roads of project stretch for complete width. The other details like existing services etc may also be in-dicated to check any infringement. The survey plan /lay out shall be got approved from the Engineer-in-Charge before starting actual work. Existing levels of the area under the scope of work shall also be recorded.

10. Clearing of site (to the satisfaction of the Engineer-in-Charge) after completion of en-tire work and handing over the same to the Department.

11. Maintenance of all works during construction till handing over to the Department.

12. Protection and maintenance of existing services.



13. Provision for all safety measures for traffic, pedestrian, workmen, machinery etc. as considered necessary by the Engineer-in-charge.

14. Identification of services like sewer lines, water supply lines, electric and telephone cables etc. well in advance of actual execution.

15. It may be noted that all the safety requirements as given in the tender document shall have to be provided at all times during the construction period.

16. The methodology for the works of Remodeling & Covering of Subhash Nagar Drain etc. shall be submitted by contractor for the approval of engineer in charge.

17. All ancillary and incidental facilities required for execution of the work e.g. labour camps, stores, offices for contractors, work shop facilities, watch and ward, tempo-rary structure for plants and machinery, well equipped site laboratory, water storage structure, tube wells, electric/ telephone/fax machine installation and charges, liaison work, protection work during execution and not included in the main items, any other item/activity contained elsewhere in the tender documents which is necessary for exe-cution of work in the opinion of the Engineer-in-charge. Tube well bores in good condition shall be handed over to the department after completion of the project.

18. Cleaning of site at regular intervals to keep the working area clean.19. Adequate lighting for night work and also wherever and whenever required by the

Engineer-in- Charge.

20. Making arrangement for Indian Standard (ISI) Helmets and leather shoes (meant for construction sites) for all field staff of the department and the labour and technical staff of the contractor, during the entire period of construction, for safety reasons. One helmet and two pairs of shoes per staff member (maximum ten members) of the department per year shall be arranged by the contractor.

21. For the purpose of quality control requirements, the project has been considered to qualify class Q3 of IRC: SP-47. The various tests, frequency of tests, equipment re-quired in the site laboratory etc. have been described in the tender document.

22. Cost of preparation and compliance with the provisions of a quality assurance control programme of the department as per specifications.

23. Overall construction programme for the work using "MS-Project or Primavera Soft-ware" giving the details of all activities shall be submitted in 6 copies. The measure-ment book shall also be prepared on computer as well as manually and computer print-outs along with soft copy shall be submitted for checking.

24. Preparation and getting approval from the engineer in charge of all shop drawings for Reinforcement Bars,, shuttering and staging, etc. shall be included in contractor's scope of work.



25. Concrete only from the contractor's compound shall have to be transported and used at site in transit mixers.

26. Making all arrangements for inspection of materials, visits to casting yard and estab-lishments connected with the work and all other related activities.

27. Measurements for items which are not defined in the respective items of schedule of quantities shall be done as per MORTH/CPWD specifications. The engineer-in-Charge has the option to withdraw any item of the SOQ if not needed.

28. The construction agencies shall make arrangements for a regular monthly or other fre-quency as directed by Engineer-in-Charge for the documentation of the progress of work i.e. start to completion of the project in the form of:

a) Minimum 5 coloured photographs in 2 copies (5"x 7") and also in digital format, of the work including contractor's yard etc. depicting the progress of work at site.

b) A 5 to 10 minutes duration video film (2 copies) on CD duly edited and provided with voice commentary depicting the progress of work during the month and the salient technical detail of various items of work. The clippings of video film taken shall be shown to the Engineer-in-charge as and when shooted for his perusal and directions.

Besides the above, documentation will include all drawings, machinery and labour deployed, service details, pre casting / batching plant yard details and construction schedule etc. In a nutshell complete documentation is required.

These monthly video clippings shall be combined, edited along with voice commentary to make a video film of 3 hours duration and submitted to the department on completion of the project work in 6 copies and also on CD format, duly depicting the progress of entire work and the salient features thereof. A minimum 200 photographs of 5” x 7” size should be submitted comprising full project from start to finish in 3 copies, same shall be given on CD also.

29. Construction of Pedestals for foundation stone laying and inauguration ceremony including arrangement of Shamiyana, Light refreshment for VIP’s – 2 Nos.: Construction of pedestal of brick tiles along with black granite stones engraved with matter given by Engineer-in-Charge for foundation stone laying and inauguration ceremony of the project along with provision of Shamiyana/Tent, Stage, chairs, generator, loud speakers, carpets etc. with the provision of light refreshment for VIP’s.

30. Providing Traffic Marshals (skilled person, at least 10+2 passed) along with reflective jackets as per direction of Engineer in charge and as per site requirement i/c day and night period for the diversion of traffic during the execution of work.



31. Providing two beldars on daily basis alongwith hand cart or rickshaw and empty drum for watering of newly planted trees ( compensatory Plantation against the trees to be cut for this project) for a period of 18 months.

32. Construction of coffer dams with filled bags of sand / earth and filling of earth in between the gaps of closely bags in the running drain for diversion of water by providing all the materials like empty bags, sand /earth, filling of bags, placing of filled bags in the drain till the completion of work.

33. Providing two beldars on daily basis for full day of work for keeping site neat and clean, sweeping of the entire area of scheme, cleaning and washing of barricading boards and maintaining the flow of drain by removing the garbage,polythene bags etc. for entire construction period .

34. The item rate tender, based on design and drawings to be finalized by the department shall be inclusive of cost of labour, materials, tools and plants and specialised machinery for completing the various components of the project and all operations connected therewith, under all conditions of site, moisture, weather, etc. The rates shall be inclusive of all taxes and duties such as V A T, excise duty on materials, income tax, supply and carriage of materials (By rail, road, river, air etc.), plants and machinery, octroi, toll, royalties, incidental charges, local taxes, patent rights etc. Thus the quoted offer shall be consolidated for all components/items of work. Royalties, sales tax, levies, local taxes, service tax, incidental charges etc. wherever applicable shall be paid by the contractor, to the respective authorities and no claim whatsoever on this account shall be entertained by the Department.

The quantities of various main items of work involved have been detailed in "Schedule of Quantity" in this tender document. The nomenclature of the items given in Schedule of Quantity gives only general scope of item assessed by the Department, which is not exhaustive i.e. do not include all the incidental work that may be required for complete execution of item. The 'quoted rates shall include the cost of all such incidental works.

36 Providing one number Indica Car (Brand New ) on hire basis for the entire projectduration i.e. for a period of 30 months alongwith Driver and all the incidental operational cost like diesel, salary of driver, all necessary taxes, comprehensive insurance cover for the vehicle. The average mileage covered shall be 3000 Km. per month and driver shall be available for the duration of day and night as per the direction of the Engineer in Charge.

37 Casting Yard: The land for casting yard shall be provided free of cost by the department.



The Tenderer shall provide complete casting yard by installing a batching plant along with generators, Transit Mixers , site office for his own team and for MCD Team, Laboratory, cement store, casting beds, Gantry / Crane etc for production of R.M.C. and casting / storing of Pre- cast segments. The casting Yard will also include the following:

1. Site office including Laboratory for testing facilities & Quality ControlsA) Control testing is the testing of materials prior to their delivery from a manufac-

turer, or during construction and such other tests as are specified to ensure compli-ance with the quality of work envisaged in the contract document. The contractor shall assume full responsibility for control testing and give sufficient notice to the Engineer to enable him to witness the tests. Control testing shall be at witness the tests. Control testing shall be at the expense of Contractor.

B) The contractor shall set up at his own cost in the casting a fully equipped concrete testing laboratory with facilities and equipments for concrete mix design, cube test-ing setting time of cement, fineness of cement mortar cube testing, permeability of concrete (as per DIN code) silt content in fine aggregate, pH of water, sieve analy-sis, hardness index of aggregate, aggregate crushing strength, aggregate impact value etc. equipment and personnel in the testing laboratories shall be suitability qualified to perform the services required in connection with the quality control en-visaged in Technical specifications and Quality Assurance Program. The cost of equipment, consumables, manpower and accommodation shall be borne by the con-tractor without any extra cost to the employer. Contractor shall obtain prior ap-proval of the Engineer for the setup of testing laboratory.

C) Concrete samples, special cement, aggregates samples shall be tested in this labora-tory as and when required at no extra cost, in the presence of Employers representa-tive at such frequent intervals and on such specimens of work as stipulated by the Engineer. The results of such tests should be made available to the Engineer as and when done. The Tenderer/contractor should also make available free of charge the facilities available at his testing laboratories to the Employer for any other testing, which the employer may like to do on their own. Such a testing center should be manned by competent and trained manpower at contractors cost.

D) Test cubes required as per the code shall be manufactured and supplied free of cost by the contractor and he shall submit a mix design for verification and approval be-fore the work is taken up.

E) The water used for concreting shall also be tested to ensure that it is suitable for concreting work and required test certificate should be produced.

F) The Engineer may require any other test to be performed at any time as he considers necessary for the control of quality of materials and workmanship, including, if need arises, core testing, ultrasonic, rebound hammer tests etc. these shall be under-taken by the Contractor at his own cost.



38 The contractor has to establish the correct positions of benchmarks precisely on site with respect to the arrangement shown in the drawings or as per the direction of the Engineer-in-charge and maintain the same till end of project.

39. Shifting of Utilities: The shifting of utility (ies) would be undertaken only in exceptional circumstances where in the opinion of the Engineer no other option is available. Cost of such utility shifting will be paid separately under relevant item of BOQ.

40 Purchase of Materials: All the materials to be used in the construction of this project shall be procured from the approved list of vendors as given in annexure A after obtaining the approval of Engineer-in-charge.

41 Third Party Testing: Third Party Testing by CRRI, IIT Delhi, EIL, RITES and NCCBM is mandatory for this project and cost to be paid to Third Party Agency shall be paid by the contractor. The same will be added in the justification of rates for which due weightage will be given. And cost of material including cartage of material to the laboratory of Third Party Agency shall be borne by the contractor.

42. The contractor shall indemnify the department and its officials/officers against any mishap, happening and any untoward incidents at the site and shall settle any dispute with any other person himself and the cost of settlement shall be the responsibility of the contractor.

43. Approval of Mix Designs: Before the start of the work, the contractor shall get the approval of Mix Design for each grade of the concrete to be used in the work from CRRI or IIT Delhi or NCCBM at his own cost. The fee of lab and cost of material shall be borne by the contractor.

DURABILITY CONSIDERATION

Ordinary Portland Cement conforming to IS:12269 and IS:8112(Grade 53 / 43) shall only be used on the work for pre-cast items and Portland Pozzolana Cement (fly ash based )confirming to IS:1489 (Part-I) may be used for cast in situ work. The cement shall only be purchased through the approved manufactures / suppliers as mentioned in this tender.

Reinforcing steel shall be of HYSD/TMT bars grade designation Fe-500 conforming to relevant IS code and shall only be purchased through the approved manufactures/ suppliers or their autho-rized distributors as mentioned in this tender.

Aggregate: All course and fine aggregates shall conform to IS:383 and shall be tested to conform to IS:2386 (Part I to VIII) and shall only be purchased through the quarries approved by the de-partment and as mentioned in this tender.

Water to be used for mixing and curing shall be in conformity with Clause 302.4 of IRC:21.



To improve the workability of concrete, admixture may be used in conformity with Clause 302.2 of IRC: 21.

Concrete shall be designed mix and shall satisfy the requirements of design mixes with minimum cement content and maximum limit of water cement ration as per the table give below, and for production, sampling, testing and acceptance criteria as given in Clauses 302.7 , 302.9, 302.10 and 302.11 respectively of IRC:21.

Grade of Concrete

Minimum cement content (Kg. Per Cum).

Maximum limit of wa-ter cement ratio

M-35 425 KG 0.400M-15 270 KG 0.425M-10 170 KG 0.425

However, the designated lab will design the job mix formula for RMC. General Instructions

i) After completion of construction of Drain, the contractor will do one time cleaning/desilting of the drain before handing over the site to MCD.

ii) A “Construction Manual” covering various aspects of construction methods, difficulties faced and how they were overcome during execution etc. shall be supplied by the contractor free of cost at the time of finalization of work.

iii) The contractor shall be bound to execute any extra /substitute item required during the entire construction of the project and rates for which shall be quoted by the contractor in the Price Bid.

iv) The contractor shall have to avoid cutting/pruning of trees during the execution of work.



SECTION – 4

GENERAL CONDITIONS OF CONTRACT

General Rules & 1. All work proposed for execution by contract will be in a form ofDirections invitation to tender signed by the officer inviting tender or by

publication in news papers as the case may be.

This form will state the work to be carried out, as well as the date for submitting and opening tenders and the time allowed for carrying out the work, also the amount of earnest money to be deposited with the tender, and the amount of security deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from bills. Copies of the specifications, designs and drawings, and any other documents required in connection with the work signed for the purpose of identification by the officer inviting tender as a part of tender document, shall be open for inspection by the contractor at the office of officer inviting tender during office hours.

2. In the event of the tender being submitted by a firm, it must be signed separately by each partner thereof or in the event of the ab-sence of any partner, it must be signed on his behalf by a person holding power of attorney authorizing him to do so, such power of attorney to be produced with the tender and it must disclose that the firm is duly registered under the Indian Partnership Act, 1952.

3. Receipts for payment made on account of work, when executed by a firm must also be signed by all the partners except where con-tractors are described in their tender as a firm in which case the re-ceipts must be signed in the name of the firm by one of the part-ners, or by some other persons having due authority to give effec-tual receipts for the firm.

4. Any person who submits a tender shall fill up the usual printed form, stating at what rate he is willing to undertake each item of he work. Tenders, which propose any alteration in the work specified in the said form of invitation to tender, or in the time allowed for carrying out the work, or which contain any other conditions of any sort, including conditional rebates, will be summarily rejected. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit separate tender for each. Tender shall have the name and number of the works to which they refer, written on the envelopes.


Applicable for item rate tender only


The rate(s) must be quoted in decimal coinage. Amounts must be quoted in full rupees by ignoring fifty paise and considering more than fifty paise as rupee one.

4A In case of percentage rate tenders, tenderer shall fill up the usual printed for, stating at what percentage below/ above (in figures as well as in words) the total estimated cost given in Schedule of Quantities at Schedule-A, he will be willing to execute the work. Tenders, which propose any alteration in the work specified in the said form of invitation to tender, or in the time allowed for carry-ing out the work or which contain any other conditions of any sort including conditional rebates, will be summarily rejected. No sin-gle tender shall include more than one work, but contractor who wish to tender for two or more works shall submit separate tender for each. Tender shall have the name and number of the works to which they refer, written on the envelopes.

5. The officer inviting tender or his duly authorized assistant, will open tenders in the presence of any intending contractors who may be present at the time, and will enter the amounts of the several tenders in a comparative statement in a suitable form. In the event of a tender being accepted, a receipt for the earnest money for-warded therewith shall thereupon be given to the contractor who shall thereupon for the purpose of identification sign copies of the specifications and other documents mentioned in the Rule 1. In the event of a tender being rejected, the earnest money forwarded with such unaccepted tender shall thereupon be returned to the contrac-tor remitting the same, without any interest.

6. The Officer inviting tenders shall have the right of rejecting all or any of the tenders and will not be bound to accept the lowest or any other tender.

7. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as any acknowledgement or pay-ment to the officer inviting tender and the contractors shall be re-sponsible for seeing that he procures a receipt signed by the officer inviting tender or a duly authorized Cashier.

8. The memorandum of work tendered for and the schedule of materi-als to be supplied by the department and their issued rates, shall be filled and completed in the office of the officer inviting tender be-fore the tender form is issued. If a form is issued to an intending tenderer without having been so filled in and incomplete, he shall


Applicable for Percentage Rate Tender only


request the officer to have this done before he completes and deliv-ers his tender.

9. The Tenderers shall sign a declaration under the Officials Secret Act 1923, for maintaining secrecy of the tender documents, draw-ings or other records connected with the works given to them. The unsuccessful tenderer shall return the drawings given to them.

10. In the case of Item Rate Tenders, only rates quoted shall be consid-ered. Any tender containing percentage below/above the rates quoted is liable to be rejected. Rates quoted by the contractor in item rate tender in figures and words shall be accurately filled in so that there is no discrepancy in the rates written in figures and words. However, if a discrepancy is found, the rates which corre-spond with the amount worked out by the contractor shall unless otherwise proved be taken as correct. If the amount of an item is not worked out by the contractor or it does not correspond with the rates written either in figures or words, then the rates quoted by the contractor in words shall be taken as correct. Where the rates quoted by the contractor in figures and in words tally but the amount is not worked out correctly, the rates quoted by the con-tractor will unless otherwise proved be taken as correct and not the amount. In event no rate has quoted for any item(s), leaving space both in figure(s), word(s) and amount blank, it will be presumed that the contractor has included the cost of this/these item(s) in other items and rate for such item(s) will be considered as zero and work will be required to be executed accordingly.

10A In case of Percentage Rate Tenders only percentage quoted shall be considered. Any tender containing item rates is laible to be re-jected. Percentage quoted by the contractor in percentage rate ten-der shall be accurately filled in figures and words, so that there is no discrepancy. However if the contractor has worked out the amount of the tender and if any discrepancy is found in the per-centage quoted in words and figures, the percentage which corre-sponds with the amount worked out by the contractor shall, unless otherwise proved, be taken as correct. If the amount of the tender is not worked out by the contractor or its does not correspond with the percentage written either in figures or in words, then the per-centage quoted by the contractor in words shall be taken as correct. Where the percentage quoted by the contractor in figures and in words tally but the amount is not worked out correctly, the percent-


Applicable for item rate tender only

Applicable for Percentage rate tender only


age quoted by the contractor will, unless otherwise proved, be taken as correct and not the amount.

11. In the case of any tender where unit rate of any item/items appear unrealistic, such tender will be considered as unbalanced and in case the tenderer is unable to provide satisfactory explanation, such a tender is liable to be disqualified and rejected.

12. All rates shall be quoted on the tender form. The amount for each item should be worked out and requisite totals given. Special care should be taken on write the rates in figures as well as in words and the amount in figures only, in such a way that interpolation is not possible. The total amount should be written both in figure of rupees and word ‘P’ after the decimal figures. E.g. ‘Rs.2.15P’ and in case of words, the word ‘Rupees’ should precede and the word ‘Paise’ should be written at the end. Unless the rate is in whole ru-pees and followed by the word only it should invariably be upto two decimal places. While quoting the rate in schedule of quanti-ties, the word only should be written closely, following the amount and it should not be written in the next line.

12A In percentage rate tender, the tenderer shall quote percentage be-low/above (in figures as well as in words) at which he will be will-ing to execute the work. He shall also work out the total amount of his offer and the same should be written in figures as well as in words in such a way that no interpolation is possible. In case of figures, the word ‘Rs.’ Should be written before the figure of ru-pees and word ‘P’ after the decimal figures i.e. ‘Rs.2.15P and in case of words the word ‘Rupees’ should precede and the word ‘Paise’ should be written at the end.

13. i) The Contractor whose tender is accepted, will be required to fur-nish performance guarantee of 5% of the tendered amount within specified period. This guarantee shall be in the form of Govt Secu-rities or fixed deposit receipt of any scheduled bank, guarantee bonds of any scheduled bank or State Bank of India.

ii) The contractor whose tender is accepted, will also be required to furnish by way of Security Deposit for the fulfillment of his con-tract, an amount equal to 5% of the tendered value of the work. The security deposit will be collected by deductions from the run-ning bills of the contractor at the rates mentioned above and the earnest money if deposited in cash at the time of tenders will be treated as a part of the Security Deposit. The Security Amount will also be accepted in cash or in the shape of Government Security. Fixed deposit receipts of a scheduled bank or state bank of India



will also be accepted for this purpose provided confirmatory ad-vice is enclosed.

14. On acceptance of the tender, the name of the accredited representa-tive(s) of the contractor who would be responsible for taking in-structions from the Engineer-in-charge shall be communicated in writing to the Engineer-in-Charge.

15. Sales tax, purchase tax, turnover tax or any other tax on material in respect of this contract shall be payable by the Contractor and Commissioner, MCD will not entertain any claim whatsoever in respect of the same.

16. The contractor shall give a list of employees working in MCD and GNCTD related to him.

17. The tender for the work shall not be witnessed by a contractor or contractors who himself/themselves has/have tendered or who may and has/have tendered for the same work. Failure to observe this condition would render, tenders of the contractors tendering, as well as witnessing the tender, liable to summary rejection.

18. The tender for composite work includes in addition to building work all other works such as sanitary and water supply installa-tions drainage installation, electrical work, horticulture work, roads and paths etc. The tenderer apart from being a registered contractor (B&R) of appropriate class, must associate himself with agencies of appropriate class, which are eligible to tender for sanitary, and water supply drainages, electrical and horticulture works in the composite tender.

19. The contractor shall comply with the provisions of the Apprentices Act 1961, and the rules and orders issued thereunder from time to time. If he fails to do so, his failure will be a breach of the contract and the Superintending Engineer/Executive Engineer may in his discretion, without prejudice to any other right or remedy available in law, cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the said Act.

DECLARATION

I/We hereby declare that I/We shall treat the tender documents, drawing and other records connected with the work as secret/confidential documents and shall not communicate information derived therefrom to any persons other than a person to whom I/We am/are



authorized to communicate the same or use the information in any manner prejudicial to the safety of state.

Address Signature of the Contractor__________________________

CONDITIONS OF CONTRACTDEFINITIONS

1. The Expression Contract means the documents forming the tender and acceptance thereof and the formal agreement executed between the competent authority on behalf of the Commissioner, Municipal Corporation of Delhi (MCD) and the Contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time by the Engineer-in-Charge and all these documents taken together, shall be deemed to form one contract and shall be complementary to one another.

2 In the Contract, the following expressions shall, unless the context otherwise requires, have the meanings, hereby respectively assigned to them:

2.1 The expression works or work shall, unless there be something either in the sub-ject or context repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional.

2.2 The Site shall mean the land / or other places on, into or through which work is to be executed under the contract or any adjacent land, path, or street through which work is to be executed under the contract or any adjacent land, path or street which may be allotted or used for the purpose of carrying out the contract.



2.3 The Contractor shall mean the individual, firm or company, whether incorpo-rated or not, undertaking the works and shall include the legal personal represen-tative of such individual or the persons composing such firm or company, or the successors of such firm or company and the permitted assignees of such individ-ual, firm or company.

2.4 The MCD means the Municipal Corporation of Delhi and its successors.

2.5 The Engineer-in-Charge or Executive Engineer means the Engineer Officer who shall supervise and be in charge of the work and who shall sign the contract on behalf of the Commissioner, MCD as mentioned in Contract Data hereunder.

2.6 MCD shall mean the MCD.

2.7 The terms Director General of Works includes Additional Direction General and Chief Engineer of the Zone.

2.8 Accepting Authority shall mean the authority mentioned in Contract Data.

2.9 Excepted Risk are risks due to riots (other than those on account of contractor’s employees) war (whether declared or not), invasion, act of foreign enemies, hos-tilities, civil war, rebellion revolution, insurrection, military or usurped power, damages from aircraft, acts of God, such as earthquake, lightening and unprece-dented floods, and other cause over which the contractor has no control and ac-cepted as such by the accepting authority or causes solely due to use or occupa-tion by MCD of the part of the works in respect of which a certificate of comple-tion has been issued.

2.10 Market Rate shall be the rate as decided by Engineer- in-Charge on the basis of the cost of materials and labour at the site where the work is to be executed plus the percentage mentioned in Schedule ‘F’ to cover, all overheads and profits.

2.11 Schedule(s) referred to in these conditions shall mean the relevant schedule(s) an-nexed to the tender papers or the standard Schedule of Rates of the MCD men-tioned in Contract Data hereunder, with the amendments thereto issued upto the date of receipt of the tender.

2.12 Department means Municipal Corporation of Delhi (MCD) which invites tenders on behalf of Commissioner MCD as specified in Contract Data.

2.13 District Specifications means the specifications followed by the State Govern-ment in the area where the work is to be executed.

2.14 Tendered Value means the value of the entire work as stipulated in the letter of award.



SCOPE AND PERFORMANCE

3. Where the context so requires, words imparting the singular only also include the plural and vice-versa. Any reference to masculine gender shall whenever required include femi-nine gender and vice-versa.

4. Heading and Marginal notes to these General Conditions of Contract shall not be deemed to form part thereof or be taken into consideration in the interpretation or construction thereof or of the contract.

5. The contractor shall be furnished, free of cost one certified copy of the contract docu-ments except standard specifications, schedule of rates and such other printed and pub-lished documents, together with all drawings as may be forming part of the tender papers. None of these documents shall be used for any purpose other than that of this contract.

WORKS TO BE CARRIED OUT

6. The work to be carried out under the Contract shall, except as otherwise provided in these conditions, include all labour, material, tools plants, equipment and transport which may be required in preparation of and for and in the full and entire execution and completion of the works. The descriptions given in the schedule of quantities (Schedule-A) shall, un-less otherwise stated, be held to include wastage on materials, carriage and cartage, carry-ing and return of empties, hoisting, setting, fitting and fixing in position and all other labours necessary in and for the full and entire execution and completion of the work as aforesaid in accordance with good practice and recognized principles.

SUFFICIENCY OF TENDER

7. The contractor shall be deemed to have satisfied himself before tendering as to the cor-rectness and sufficiency of his tender for the works and of the rates and prices quoted in the schedule of quantities, which rates and prices shall, except as otherwise provided, cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the works.

DISCREPANCIES & ADJUSTMENT OF ERRORS

8. The several documents forming the contract are to be taken as mutually explanatory of one another, detailed approved drawings being followed in preference to small scale drawings and figured dimensions in preference to scale and special conditions in preference to General Conditions.

8.1 If there are varying or conflicting provisions made in any one document forming part of the contract, the Accepting Authority shall be the deciding authority with regard to the in-tention of the document and his decision shall be final and binding on the contractor.

8.2 Any error in description, quantity or any omission therefrom shall not vitiate the Contract or release the Contractor from the execution of the whole or any part of the works com-



prising therein according to the drawings and specifications or from any of his obliga-tions under the contract

SIGNING OF CONTRACT

9 The successful tenderer/contractor, on acceptance of his tender by the accepting authority, shall within 15 days from the stipulated date of start of the work sign the contract consisting of: -i) The notice inviting tender, all the documents including drawings, if any, forming the

tender as issued at the time of invitation of tender and acceptance thereof together with any correspondence leasing thereto

ii) Standard MCD form as mentioned in Schedule ‘F’ consisting of:iii) Various standard clauses with corrections upto the date stipulated in Schedule ‘F’

alongwith annexure theretoiv) MCD safety code.v) Model Rules for the protection of health, sanitary arrangements for workers employed

by MCD or its contractorsvi) MCD contractors labour regulations.vii) List of Acts and omissions for which fines can be imposed.

CLAUSE 1: PERFORMANCE GUARANTEE: Deleted.

CLAUSE 1A: RECOVERY OF SECURITY DEPOSIT:

The person/persons whose tender(s) may be accepted (hereinafter called the contractor) shall permit Government at the time of making any payment to him for work done under the contract to deduct a sum at the rate of 10% of the gross amount of each running bill till the sum alongwith the sum already deposited as earnest money, will amount to security deposit of 10% of the tendered value of the work. Such deductions will be made and held by Government by of security deposit unless he/they has/have deposited the amount of Security at the rate mentioned above in cash or in the form of Government Securities or fixed deposit receipts. In case a fixed deposit receipt of any Bank is unable to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish additional security to the Government to make good the deficit.

All compensations or the other sums of money payable by the contractor under the terms of this contract may be deducted from, or paid by the sale of a sufficient part of his security deposit or from the interest arising there from, or from any sums which may be due to or may become due to contractor by Government on any account whatsoever and in the event of his Security deposit being reduced by reason of any such deductions or sale as foresaid, the contractor shall within 10 days make good in cash or fixed deposit receipt tendered by the State Bank of India or by Scheduled Banks or Government Securities (if deposited for more than 12 months) endorsed in favour of the Engineer-in-Charge, any sum or sums which may have been deducted from, or raised by sale of his security deposit or any part rates mentioned above and the Earnest money if deposited in cash at the time of tenders will be treated a part of the Security Deposit.



After the successful and satisfactory completion of the work, 50 % amount of the security deposit shall be refunded immediately after the recording of completion date of the work. Balance 50 % amount shall be refunded after the expiry of maintenance period of one year, however on completion of work contractor can deposit the bank Guarantee against the balance 50 % amount of the security deposit.

Note-1: Government papers tendered as security will be taken at 5% below its market price or at its face value, whichever is less. The market price of Government paper would be ascertained by the Divisional Officer at the time of collection of interest and the amount of interest to the extent of deficiency in value of the Government paper will be withheld if necessary.

Note-2: Government Securities will include all forms of Securities mentioned in rule No.274 of the G.F. Rules except fidelity bond. This will be subject to the observance of the condition mentioned under the rule against each form of security.

Note-3: Note 1 & 2 above shall be applicable for both clause 1 and 1A

CLAUSE 2: COMPENSATION FOR DELAY

If the Contractor fails to maintain the required progress in terms of Clause 5 or to complete the work and clear the site on or before the contract or extended date of completion, he shall, without prejudice to any other right or remedy available under the law to the Government on account of such breach, pay as agreed compensation the amount calculated at the rates stipulated below as the Superintending Engineer (whose decision in writing shall be final and binding) may decide on the amount of tendered value of the work for every completed day/month (as applicable) that the progress remains below that specified in Clause 5 or that the works remain incomplete.

This will also apply to items or group of items for which a separate period of completion has been specified.

i) Compensation - @1.5% per month of delay for delay of work to be computed on per day basis

Provided always that the total amount of compensation for delay to be paid under this Condition shall not exceed 10% of the Tendered Value of work or of the Tendered Value of the item or group of items of work for which a separate period of completion is originally given.

The amount of compensation may be adjusted or set-off against any sum payable to the Contractor under this or any other contract with the Government. In case, the contractor does not achieve a particular milestone mentioned in schedule F, or the re-scheduled milestone(s) in terms of clause 5.4 the amount shown against that milestone shall be withheld, to be adjusted against the compensation levied at the final grant of Extension of Time. Withholding of this amount on failure to achieve a milestone, shall be automatic without any notice to the contractor. However, if the contractor catches up with the progress of work on the subsequent milestone(s), the withheld amount shall be released. In case the contractor fails to make up for the delay in subsequent milestone(s), amount mentioned against each milestone missed subsequently also shall be withheld, however, no interest, whatsoever, shall be payable on such withheld amount.



CLAUSE 3: WHEN CONTACT CAN BE DETERMINED

Subject to other provisions contained in this clause the Engineer-In-charge may, without prejudice to his any other rights or remedy against the contractor in respect of any delay inferior workmanship, any claims for damages and/or any other provisions of this Contract or otherwise, and whether the date of completion has or has not elapsed by notice in writing absolutely determine the contract in any of the following cases.

i) If the Contractor having been given by the Engineer-in-Charge a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in an inefficient or otherwise improper or un-workmanlike manner shall omit to comply with the requirement of such notice for a period of seven days thereafter.

ii) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court or the creditor to appoint a receiver or manager or which entitle the court to make wind-ing up order.

iii) If the contractor has, without reasonable cause, suspended the progress of the work or has failed to proceed with the work with due diligence so that in the opinion of the Engineer-in- Charge (which shall be final and binding) he will be unable to secure completion of the work by the date for completion and continues to do so after a no-tice in writing of seven days from the Engineer-in-Charge.

iv) If the contractor fails to complete the work within the stipulated date or items of work with individual date of completion, if any stipulated, on or before such date(s) of specified in a notice given in writing in that behalf by the Engineer-in-Charge.

v) If the contractor persistently neglects to carry out his obligations under the contract and / or commits default in complying with any of the terms and conditions of the contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Engineer-in-Charge.

vi) If the contractor commits any acts mentioned in Clause 21 hereof:

vii) If the work is not started by the contractor within 1/8th of the stipulated time:

When the contractor has made himself liable for action under any of the cases aforesaid, the Engineer-in-Charge on behalf of the Commissioner, Municipal Corporation of Delhi, shall have powers:

a) To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the contractor under the hand of the Engineer-in-charge shall be conclusive evidence). Upon such determination or rescission, the earnest money deposit, security deposit already recovered and performance



guarantee under the contract shall be liable to the forfeited and shall be abso-lutely at the disposal of the Commissioner, Municipal Corporation of Delhi.

b) After giving notice to the contractor to measure up the work of the contractor and to take such whole or the balance or part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete the work. The con-tractor, whose contract is determined or rescinded as above, shall not be allowed to participate in the tendering process for the balance work.

In the event of above courses being adopted by the Engineer-in-Charge the contractor shall have no claim to compensation for any loss sustained by him by reasons of his hav-ing purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the contract. And in case action is taken under any of the provision aforesaid the contrac-tor shall not be entitled to recover or be paid any sum for any work thereof or actually performed under this contract unless and until the Engineer-in-Charge has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value so certified.

CLAUSE 3A

In case, the work cannot be started due to reasons not within the control of the contractor within 1/8th of the stipulated time for completion of work, either party may close the contract. In such eventuality, the Earnest Money deposit and the performance guarantee of the contractor shall be refunded, but no payment on account of interest, loss of profit or damages etc. shall be payable at all.

CLAUSE 4: CONTRACTOR LIABLE TO PAY COMPENSATION EVEN IF ACTION NOT TAKEN UNDER CLAUSE 3

In any case in which any of the powers conferred upon the Engineer- in-Charge by Clause 3 thereof, shall have become exercisable and the same are not exercise, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the contractor and the liability of the contractor for compensation shall remain unaffected. In the event of the Engineer-in-Charge putting in force to all or any of the powers vested in him under the preceding clause he may, if he so desires after giving a notice in writing to the contractor, take possession of (or at the sole discretion of the Engineer-in-charge which shall be final and binding on the contractor) use as hire (the amount of the hire money being also in the final determination of the Engineer-in-Charge) all or any tools, plants, materials and stores in or upon the works, or the site thereof belonging to the contractor, or procured by the contractor 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 these not being applicable, at current market rates to be certified by the Engineer-in-Charge , whose certificate thereof shall be final and binding on the contractor or clerk of the works, foreman or other authorized agent to remove such tools, plants, materials, or stores from the premises (within and time to the specified in such notice). In the event of the contractor failing to comply with any such requisition, the Engineer-in-Charge may remove



them at the contractor’s expense or sell them by auction or private sale on account of the contractor and his risk in all respects and the certificate of the Engineer-in-Charge at to the expenses of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor.

CLAUSE 5: TIME OF EXTENSION FOR DELAY

The time allowed for execution of the works as specified in the Schedule ‘F’ or the Extended time in accordance with the conditions shall be the essence of the Contract. The execution of the works shall commence from such time period as mentioned in the letter of acceptance or from the date of handing over of the site whichever is later. If the Contractor commits default in commencing the execution of the work as aforesaid, Government shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the earnest money and performance guarantee absolutely.

5.1 As soon as possible after the Contract is concluded the Contractor shall submit a Time and Progress Chart for each milestone and get it approved by the Department. The chart shall be prepared in direct relation to the time stated in the Contract documents for com-pletion of items of the works. It shall indicate the forecast of the dates of commencement and completion of various trades of sections of the work and may be amended as neces-sary by agreement between the Engineer-in-Charge and the Contractor within the limita-tions of time imposed in the Contract documents, and further to ensure good progress during the execution of the work, the contractor shall in all cases in which the time al-lowed for any work, exceeds one month (save for special jobs for which a separate pro-gramme has been agreed upon) complete the work as per milestones given in schedule ‘F’.

5.2 If the work(s) be delayed by :

i) force majeure or

ii) abnormally bad weather or

iii) serious loss or damage by fire, or

iv) civil commotion, local commotion of workmen, strike or lockout, affecting any of the trades employed on the work or

v) delay on the part of other contractors or tradesmen engaged by Engineer-in-Charge in executing work not forming part of the Contract, or

vi) Non-availability of stores, which are the responsibility of Government to supply or

vii) Non-availability or break down of tools and Plant to be supplied or supplied by Government or



viii) any other cause, which\, in the absolute discretion of the authority mentioned in Contract Data is beyond the Contractor’s control.

then upon the happening of any such event causing delay, the contractor shall immediately give notice thereof in writing to the Engineer-in-Charge but shall nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineer-in-Charge to proceed with the works.

5.3 Request for re-scheduling of milestones and extension of time, to be eligible for consideration, shall be made by the Contractor in writing within fourteen days of the happening of the event causing delay on the prescribed form. The Contractor may also, if practicable, indicate in such a request the period for which extension is desired.

5.4 In any such case the authority mentioned in Contract Data may give a fair and reasonable extension of time and reschedule the milestones for completion of work. Such extension shall be communicated to the Contractor by the Engineer-in-Charge in writing within 3 months of the date of receipt of such request. Non application by the Contractor for extension of time shall not be a bar for giving fair and reasonable extension by the Engineer-in-Charge and this shall be binding on the contractor.

CLAUSE 6: COMPUTERISED MEASUREMENTS OF WORK DONE AND CONTRACTORS BILLS

Engineer-In-Charge shall, except as otherwise provided, ascertain and determine by measurement the value in accordance with the contract of work done.

All measurement of all the items having financial value shall be entered by the contractor and compiled in the shape of the Computerized Measurement Book having pages of A-4 size as per the format of the department so that a complete record is obtained of all items of work performed under the contract.

All such measurements and levels recorded by the contractor or his authorized representative from time to time, during the progress of the work, shall be got checked by the contractor from the Engineer-in-Charge or his authorized representatives as per interval or programme fixed in consultation with Engineer-in-Charge or his authorized representative. After the necessary corrections made by the Engineer-in-Charge, the measurement sheets shall be returned to the contractor for incorporating the corrections and for resubmission to the Engineer-in-Charge for the dated signatures by the Engineer-in-Charge and the contractor or their representatives in token of their acceptance.

Whenever bill is due for payment, the contractor would initially submit draft computerized measurement sheets and these measurements would be got checked/test checked from the Engineer-in-Charge and/or his authorized representative. The contractor will, thereafter, incorporate such changes as many be done during these checks/test checks in his draft computerized measurements, and submit to the department a computerized measurement book, duly bound, and with its pages machine numbered. The Engineer-in-Charge and/or his authorized representative would thereafter check this MB and record the necessary certificates for their checks/test checks.



The final, fair, computerized measurement book given by the contractor, duly bound, with its pages numbered, should be 100% correct and no cutting or over-writing in the measurements would thereafter be allowed. If all any error is noticed, the contractor shall have to submit a fresh computerized MB with its pages duly machine numbered and bound, after getting the earlier MB cancelled by the department. Thereafter the MB shall be taken in the Divisional Office records and allotted a number as per register of computerized MBs. This should be done before the corresponding bill is submitted to the Division Office for payment. The contractor shall submit two spare copies of such computerized MBs for the purpose of reference and record by the various officers of the department.

The contractor shall also submit to the department separately his computerized Abstract of Cost and the bills based on these measurements, duly bound and its pages machine numbered along with two spare copies of the bill. Thereafter, this bill will be processed by the Division Office and allotted a number as per the computerized record in the same way as done for measurement book meant for measurements

The contractor shall, without extra charge, provide all assistants with every appliance, labour and other things necessary for checking of measurements/levels by the Engineer-in-Charge or his representative.

Except where any general or detailed description of the work expressly shows to the contrary, measurements shall be taken in accordance with the procedure set forth in the specifications notwithstanding any provision in the relevant Standard Method of measurement or any general or local custom. In the case of items which are not covered by specifications, measurements shall be taken in accordance with the relevant standard method of measurement issued by the Bureau of Indian Standards and if for any item no such standard is available then a mutually agreed method shall be followed.

The contractor shall give not less than seven days notice to the Engineer-in-Charge or his authorized representative in charge of the work before covering up or otherwise placing beyond the reach of checking and/or test checking the measurement of any work in order that the same may checked and/or test checked and correct dimensions thereof be taken before the same is covered up or placed beyond the reach of checking and/or test checking measurements and shall not cover up and place beyond reach of measurement any work without consent in writing of the Engineer-in-Charge or his authorized representative incharge of the work who shall within the aforesaid period of seven days, inspect the work and if any work shall be covered up or placed beyond the reach of checking and/or test checking measurements without such notice having been given or the Engineer-in-Charge’s consent being obtained in writing, the same shall be uncovered at the contractor’s expense or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed.

Engineer-in-Charge or his authorized representative may cause either themselves or through another officer of the department to check the measurements recorded by the contractor and all provisions stipulated herein above shall be applicable to such checking of measurements or levels.

It is also a term of this contract that checking and/or test checking the measurements of any item of work in the measurements book and/or its payment in the interim, on account of final bill shall



not be considered as conclusive evidence as to the sufficiency of any work or materials which it relates nor shall it relieve the contractor from liabilities from any over measurement or defects noticed till completion of the defects liability period.

CLAUSE 7: PAYMENT ON INTERMEDIATE CERTIFICATE TO BE REGARDED AS ADVANCES

No payment shall be made for work estimated to cost Rs.20,000/- or less till after the whole of work shall have been completed and certificate of completion given. For works estimated to cost over Rs.20,000/-, the interim or running account bill shall be submitted by the contractor for the work executed on the basis of such recorded measurements on the format of the Department in triplicate on or before the date of every month fixed for the same by the Engineer-in-Charge. The contractor shall not be entitled to be paid any such interim payment if the gross work done together with net payment/adjustment of advances for material collected, if any, since the last such payment is less than the amount specified in Schedule ‘F’ in which case the interim bill shall be prepared on the appointed, date of the month after the requisite progress is achieved. Engineer-in-Charge shall arrange to have the bill verified by checking and/or test checking or causing to be checked, where necessary, the requisite measurements of the work. In the event of failure of the contractor, to submit the bills, no claims whatsoever due to delays on payment including that of interest shall be payable to the contractor. Payment on account of amount admissible shall be made by the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment at such rates as decided by the Engineer-in-Charge. The amount admissible shall be paid by the 40 th working day after the date of presentation of the bill by the contractor to the Engineer-in-Charge or his Assistant Engineer together with the account of the material issued by the department or dismantled materials, if any.

All such interim payments shall be regarded as payment by way of advances against final payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate given by the Engineer-in-charge may be modified or corrected by any subsequent such certificate(s) or by the final certificate and shall not by itself be conclusive evidence that any work or materials to which it relates is/are in accordance with the contract and specifications. Any such interim payment, or any part thereof shall not any respect conclude, determine or affect in any way powers of the Engineer-in-charge under the contract or any of such payments be treated as final settlement and adjustment of accounts or in any way vary of affect the contract.

Pending consideration of extension of date of completion, interim payments shall continue to be made as therein provided without prejudice to the right of the department to take action under the terms of this contract for delay in the completion of work, if the extension of date of completion is not granted by the competent authority.

The Engineer-in-charge in his sole discretion on the basis of a certificate from the Asstt. Engineer to the effect that the work has been completed upto the level in question make interim advance payments without detailed measurements for work done (other than foundations, items to be covered under finishing items) upto lintel level (including sunshade etc.) and slab level, for



each floor working out at 75% of the assessed value. The advance payments so allowed shall be adjusted in the subsequent interim bill by taking detailed measurements thereof.

CLAUSE 8: COMPLETION CERTIFICATE AND COMPLETION PLANS

Within ten days of the completion of the work, the contractor shall give notice of such completion to the Engineer-in-Charge and within thirty days of the receipt of such notice the Engineer-in-Charge shall inspect the work and if there is no defect in the work shall furnish the contractor with a final certificate of completion, otherwise a provisional certificate of physical completion indicating defect (a) to be rectified by the contractor and/or (b) for which payment will be made at reduced rates, shall be issued. But no final certificate of completion shall be issued, nor shall the work be considered to be completed until the contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangements required for his/their work people on the works as shall have been erected or constructed by the contractor(s) and cleaned off the dirt from all wood work, doors, windows, walls, floor or other parts of the building, in, upon, or about which the work is to be executed or of which he may have had possession for the purpose of the execution thereof, and not until the work shall have been measured by the Engineer-in-Charge. If the contractor shall fail to comply with the requirements of this Clause as to removal of scaffolding, surplus materials and rubbish and all huts and sanitary arrangements as aforesaid and cleaning off dirt on or before the date fixed for the completion of work, the Engineer-in-Charge may at the expense of the contractor remove such scaffolding, surplus materials, rubbish, etc. and dispose of the same as he thinks fit and clean off such dirt as aforesaid and the contractor shall have no claim in respect of scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

CLAUSE 8A: CONTRACTOR TO KEEP SITE CLEAN

When the annual repairs and maintenance of works are carried out, the splashes and droppings from white washing, colour washing, painting etc. on walls, floor, window, etc, shall be removed and the surface cleaned simultaneously with the completion of these items of work in the individual rooms, quarters or premises etc. where the work is done without waiting for the actual completion of all the other items of work in the contract. In case the contractor fails to comply with the requirements of this clause, the Engineer-in-charge shall have the right tot get this work done at the cost of the contractor either departmentally or through any other agency. Before taking such action, the Engineer-in-charge shall give ten days notice in writing to the contractor.

CLAUSE 8B: COMPLETION PLANS TO BE SUBMITTED BY THE CONTRACTOR

The contractor shall submit completion plan as required vide General Specifications for Electrical works (Part-I internal) 1972 and (Part-II External) 1974 as applicable within thirty days of the completion of the work.

In case, the contractor fails to submit the completion plan as aforesaid, he shall be liable to pay a sum equivalent to 2.5% of the value of the work subject to a ceiling of Rs.15000/- (Rs. fifteen



thousand only) as may be fixed by the Superintending Engineer concerned and in this respect the decision of the Superintending Engineer shall be final and binding on the contractor.

CLAUSE 9: PAYMENT OF FINAL BILL

The final bill shall be submitted by the contractor in the same manner as specified in interim bills within three months of physical completion of the work or within one month of the date of the final certificate of completion furnished by the Engineer-in-Charge, whichever is earlier. No further claims shall be made by the Contractor after submission of the final bill and these shall be deemed to have been waived and extinguished. Payment of those items of the bill in respect of which there is no dispute and of items in dispute, for quantities and rates as approved by Engineer-in-Charge, will, as far as possible be made within the period specified herein under, the period being reckoned from the date of receipt of the bill by the Engineer-in-charge or his authorized Assistant Engineer, complete with account of materials issued by the Department and Dismantled materials.

i) If the Tendered value of work is upto Rs.5.00Lakhs : 3 monthsii) If the Tendered value of work exceeds Rs.5.00Lakhs : 6 months

CLAUSE 9A: PAYMENT OF CONTRACTOR’S BILLS TO BANKS

Payment due to the contractor , may if so desired by him, be made to his bank, instead of direct to him provided that the contractor furnished to the Engineer-in-Charge (1) an authorization in the form of a legally valid document such as power of attorney conferring authority on the bank to receive payments and (2) his own acceptance of the correctness of the amount made out as being due to him by Government or his signature on the bill or other claim preferred against Government before settlement by the engineer-in-Charge of the account or claim by payment to the Bank, registered financial, co-operative or thrift societies or recognized financial, institutions. While the receipt given by such banks, registered financial, co-operative or thrift societies or recognized financial institutions shall constitute a full and sufficient discharge for the payment, the contractor shall whenever possible present his bills duly receipted and discharged through his bank, registered financial, co-operative or thrift societies or recognized financial institutions.

Nothing herein contained shall operate to create in favour of the Bank, registered financial, co-operative or thrift societies or recognized financial institutions and rights or equities vis-à-vis the Commissioner, Municipal Corporation of Delhi.

CLAUSE 10A: MATERIALS TO BE PROVIDED BY THE CONTRACTOR

The Contractor shall, at his own expenses, provide all materials, required for the works.



The contractor shall, at his own expenses and without delay supply to the Engineer-in-Charge samples of materials to be used on the work and shall get these approved in advance. All such materials to be provided by the Contractor shall be in conformity with the specifications laid down or referred to in the contract. The contractor shall, if requested by the Engineer-in-charge furnish proof, to the satisfaction of the Engineer-in-Charge that the materials so comply. The Engineer-in-Charge shall within thirty days of supply of samples or within such further period as he may require intimate to the Contractor in writing whether samples are approved by him or not. If samples are not approved, the Contractor shall forthwith arrange to supply to the Engineer-in-Charge for his approval fresh samples complying with the specifications laid down in the contract. When materials are required to be tested in accordance with specifications, approval of the Engineer-in-Charge shall be issued after the test results are received.

The Contractor shall at his risk and cost submit the samples of materials to be tested or analyzed and shall not make use of or incorporate in the work any materials represented by the samples until the required tests or analysis have been made and materials finally accepted by the Engineer-in-Charge. The Contractor shall not be eligible for any claim or compensation either arising out of any delay in the work or due to any corrective measures required to be taken on account of and as a result of testing of materials.

The Contractor shall, at his risk and cost, make all arrangements and shall provide all facilities as the Engineer-in-Charge may require for collecting, and preparing the required number of samples for such tests at such time and to such place or places as may be directed by the Engineer-in-Charge and bear all charges and cost of testing unless specifically provided for otherwise elsewhere in the contract or specifications. The Engineer-in-Charge or his authorized representative shall at all times have access to the works and to all work shops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the works and the contractor shall afford every facility and every assistance in obtaining the right to such access.

The Engineer-in-Charge shall have full powers to require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default the Engineer-in-Charge shall be at liberty to employ at the expenses of the Contractor, other persons to remove the same without being answerable or accountable for any loss or damages that may happen or arise to such materials. The Engineer-in-Charge shall also have full powers to require other proper materials to be substituted thereof and in case of default the Engineer-in-Charge may cause the same to be supplied and all costs which may attend such removal and substitution shall be borne by the Contractor.

CLAUSE 10B: SECURED ADVANCE ON NON-PERISHABLE MATERIALS

i) The Contractor, on signing an indenture in the form to be specified by the Engineer-in-Charge shall be entitled to be paid during the progress of the execution of the work upto 90% of the assessed value of any materials which are in the opinion of Engineer-in-Charge non-perishable, non-fragile and non-combustible and are in accordance with the Contract and which have been brought on the site in connection therewith and are ade-quately stored and/ or protected against damage by weather or other causes but which



have not at the time of advance been incorporated in the works. When materials on ac-count of which an advance has been made under this sub-clause are incorporated in the work the amount of such advance shall be recovered/ deducted from the next payment made under any of the Clause or Clauses of this Contract.

Such secured advance shall also be payable on other items of perishable nature, fragile and combustible with the approval of the Engineer-in-Charge provided the Contractor provides a comprehensive insurance cover for the full cost of such materials. The deci-sion of the Engineer-in-Charge shall be final and binding on the Contractor in this matter. No secured advance, shall however, be paid on high risk materials such as ordinary glass, sand, petrol, diesel, etc.

MOBILISATION ADVANCE

ii) Mobilization advance not exceeding 10 % of tendered value may be given, if requested by the Contractor in writing within one month of the order to commence the work. In such a case the Contractor shall execute a Bank Guarantee Bond from a Scheduled or Na-tionalized Bank payable at Delhi/New Delhi as specified by the Engineer-in-Charge for the full amount of such advance. Such advance shall be in a suitable number of install-ments to be determined by the Engineer-in-Charge at his absolute discretion. The First in-stallment of such advance shall be released by the Engineer-in-Charge to the Contractor on a request made by the Contractor to the Engineer-in-Charge in this behalf. The second and subsequent installments shall be released by the Engineer-in-Charge only after the Contractor furnishes a proof of the satisfactory utilization of the earlier installment to the entire satisfaction of the Engineer-in-Charge.

PLANT MACHINERY & SHUTTERING MATERIAL ADVANCE

iii) An advance for plant, machinery and shuttering material required for the work and brought to site by the contractor may be given if requested by the contractor in writing within one month of bringing such plant and machinery to site. Such advance shall be given on such plant and machinery, which in the opinion of the Engineer-in-Charge will add to the expeditious execution of work and improve the quality of work. The amount of advance shall be restricted to 5% percent of the tender value. In the case of new plant and equipment to be purchased for the work, the advance shall be restricted to 90% of the price of such new plant and equipment paid by the contractor for which the contractor shall produce evidence satisfactory to the Engineer-in-charge. In the case of second hand and used plants and equipment, the amount of such advance shall be limited to 50% of the depreciated value of plant and equipment as may be decided by the Engineer-in-charge. The contractor shall, if so required by the Engineer-in-charge, submit the state-ment of value of such old plant and equipment duly approved by a Registered Valuer rec-ognized by the Central Board of Direct Taxes under the Income Tax Act, 1961. No such advance shall be paid on any plant and equipment of perishable nature and on any plant and equipment of a value less than Rs.50000/-. Seventy Five percent of such amount of advance shall be paid after the plant and equipment is brought to site and balance twenty five percent on successfully commissioning the same.



Leasing of equipment shall be considered at par with purchase of equipment and shall be covered by tripartite agreement with the following:

1. Leasing company, which gives certificate of agreeing to lease equipment to the contractor.

2. Engineer-in-charge and3. The contractor.

This advance shall further be subject to the conditions that such plant and equipment (a) are considered by the Engineer-in-charge to be necessary for works; (b) and are in and are maintained in working order; (c) hypothecated to the Government as specified by the Engineer-in-charge before the payment of advance is released. The contractor shall not be permitted to remove from the site such hypothecated plant and equipment without the prior written permission of the Engineer-in-charge. The contractor shall be responsible for maintaining such plant and equipment in good working order during the entire period of hypothecation failing which such advance shall be entirely recovered in lump sum. For this purpose, steel scaffolding and formwork shall be treated as plant and equipment.

The contractor shall insure the Plant and Machinery for which mobilization advance is sought and given, for a sum sufficient to provide for their replacement at site. Any amounts not recovered from the insurer will be borne by the contractor.

INTEREST & RECOVERY

iv) The mobilization advance and plant and machinery advance in (ii) & (iii) above bear sim-ple interest at the rate of 10 percent per annum and shall be calculated from the date of payment to the date of recovery. Both days inclusive on the outstanding amount of ad-vance. Recovery of such sums advanced shall be made by the deduction from the con-tractor’s bill commencing after first ten per cent of the gross value of the work is exe-cuted and paid, on pro rate percentage basis to the gross value of the work billed beyond 10% in such a way that the entire advance is recovered by the time eighty percent of the gross value of the Contract is executed and paid, together with interest due on the entire outstanding amount up to the date of recovery of the installment.

v) If the circumstances are considered reasonable by the Engineer-in-Charge the period mentioned in (ii) for request by the contractor in writing for grant of mobilization ad-vance and plant and equipment advance may be extended in the discretion of the Engi-neer-in-Charge.

vi) The said bank guarantee for advance shall initially be made for the full amount and valid for the contract period and be kept renewed from item to time to cover the balance amount and likely period of complete recovery together with interest.

CLAUSE 10CC: PAYMENT DUE TO INCREASE/DECREASE IN PRICES/WAGES AFTER RECEIPT OF TENDER FOR WORKS



If the prices of materials (not being materials supplied or services rendered at fixed prices by the department in accordance with clause 10 & 34 thereof) and/or wages of labour required for execution of the work increase, the contractor shall be compensated for such increase as per provisions detailed below and the amount of the contract shall accordingly be varied, subject to the conditions that such compensation for escalation in prices shall be available only for the work done during the stipulated period of the contract including the justified period extended under the provisions of clause 5 of contract without any action under the clause 2. However, for the work done during the justified period extended as above, the compensation as detailed below will be limited to prices/wages prevailing at the time of stipulated date of completion or as prevailing for the period under consideration, whichever is less. Such compensation for escalation in the prices of materials and labour, when due, shall be worked out based on the following provisions:

i) The base date for working out such escalation shall be the last stipulated date of receipt of tenders including extension, if any.

ii) The cost of work on which escalation will be payable shall be reckoned as below:a. Gross value of work done upto this quarter:

(A)b. Gross value of work done upto the last quarter:

(B)c. Gross value of work done since previous quarter (A-B):

(C)d. Full assessed value of secured advance fresh paid in this quarter:

(D)e. Full assessed value of secured advance recovered in this quarter:

(E)f. Full assessed value of secured advance for which escalation is payable in

this quarter (D-E): (F)g. Advance payment made during this quarter:

(G)h. Advance payment recovered during this quarter:

(H)i. Advance payment for which escalation is payable in this quarter (G-H):

(I)j. Extra items paid as per Clause 12 based on prevailing market rates

during this quarter:Then. M = C + F + I-J

N = 0.85M (J)k. Less cost of materials supplied by the department as per clause 10 and

recovered during the quarter:(K)

l. Less cost of services rendered at fixed charges as per clause 34 and recovered during the quarter:

(L)

Cost of work for which escalations applicable: W = N – (K + L)



iii) Components of cement, steel, materials, labour, P.O.L, etc. shall be predetermined for every work and incorporated in the conditions of contract attached to the tender papers included in schedule ‘E’. The decision of the Engineer-in-charge in working out such percentage shall be binding on the contractors.

iv) The compensation for escalation for cement, steel, materials, P.O.L, Bitumen and Plant & Machinery shall be worked as per the formula given below: a. Adjustment for component of ‘cement’

Xc Cl-Cl0

Vc = W x ______ x _______ 100 Cl0

Vc = Variation in cement cost i.e. increase or decrease in the amount in rupees to paid or recovered.

W = Cost of work done worked out as indicated in sub-para (ii) of clause 10CC

Xc = Component of cement expressed as percent of total value of work.

Cl = All India Wholesale Price Index for cement for the period under consideration as published by the economic Advisor to Government of India, Ministry of Industry and Commerce.

Cl0 = All India Wholesale Price Index for cement as published by the Economic Advisor to Government of India, Ministry of Industry and Commerce as valid on the last stipulated date of receipt of tenders including extensions, if any.

b. Adjustment for component of ‘Steel’

Xs Sl-Sl0

Vs = W x ______ x _______ 100 Sl0

Vs = Variation in Steel cost i.e. increase or decrease in the amount in rupees to paid or recovered.


Xs = Component of steel expressed as percent of total value of work.

Sl = All India Wholesale Price Index for steel (bars and rods) for the period under consideration as published by the economic Advisor to Government of India, Ministry of Industry and Commerce. However, the price Index shall be limited to:

i) For the month when the last consignment of steel reinforcement for the work is procured or



ii) For the month in which half of the stipulated contract period is over, which ever of these two is earlier.

Sl0 = All India Wholesale Price Index for steel (bars and rods) published by the Economic Advisor to Government of India, Ministry of Industry and Commerce as valid on the last stipulated date of receipt of tenders including extensions, if any.

c. Adjustment for civil component (except cement and steel)/electrical component of construction ‘materials’

Xm Ml-Ml0

Vm = W x ______ x _______ 100 Ml0

Vm = Variation in material cost i.e. increase or decrease in the amount in rupees to paid or recovered.


Xm = Component of materials expressed as percent of total value of work.

Ml = All India Wholesale Price Index for civil component/electrical component of construction materials as worked out on the basis of All India Wholesale Price Index for individual Commodities/Group Items for the period under consideration as published by Economic Advisor to Government of India, Ministry of Industry and commerce and applying weightages to the Individual Commodities/Group Items.

Ml0 = All India Wholesale Price Index for civil component/electrical component of construction materials as worked out in the basis of All India Wholesale Price Index for Individual Commodities/Group Items valid on the last stipulated date of receipt of tender including extension, if any, as published by the Economic Advisor to Government of India, Ministry of Industry and Commerce and applying weightages to the Individual Commodities/Group Items.

Note: Relevant Component only will be applicable.

d. Adjustment for component of POL

Z Fl-Fl0

Vf = W x ______ x _______ 100 Fl0

Vf = Variation in cost of Fuel, Oil & Lubricant i.e. increase or decrease in the amount in rupees to paid or recovered.




Z = Component of Fuel, Oil & Lubricant expressed as percent of total value of work.

Fl = All India Wholesale Price Index for Fuel, Oil & Lubricant for the period under consideration as published by Economic Advisor to Government of India, Ministry of Industry and commerce, New Delhi.

Fl0 = All India Wholesale Price Index for Fuel, Oil & Lubricant valid on the last stipulated date of receipt of tender including extension, if any.

e. Adjustment for component of Bitumen.

P b Bl – Bl 0

V b = W x ______ x _______ 100 Bl 0

V b = Variation in cost of bitumen i.e. increase or decrease in the amount in rupees to paid or recovered.


Bl 0 = The Official retail price of bitumen at the IOC depot at nearest center on the date of submission of tender including extension, if any.

Bl = The official retail price of bitumen of IOC depot at nearest center for the period under consideration.

P b = Percentage of Bitumen component of the work.

f. Adjustment for Plant and Machinery Spares Component.

P p Pl – Pl 0

V p = W x ______ x _______ 100 Pl 0

V p = Increase of decrease in the cost of work during the month under consideration due to changes in rates for plant and machinery spares.


Pl 0 = The all India Wholesale Price Index for heavy machinery and parts on the date of submission of Bids as published by the Ministry of Industrial Development, Government of India, New Delhi



Pl = The all India average wholesale price index for heavy machinery and parts for the period under consideration as published by Ministry of Industrial Development, Government of India, New Delhi

P p = Percentage of plant and machinery spares component of the work.

NOTE: For the application of this clause, index of heavy machinery and parts ahs been chosen to represent the plant and machinery spare group

v) The following principles shall be followed while working out the indices mentioned in para (iv) above.a. The compensation for escalation shall be worked out at quarterly

interval and shall be with respect to the cost of work done as per bills paid during the three calendar months of the said quarter. The first such payment shall be made at the end of three months after the month (excluding) in which the tender was accepted and thereafter at three months interval. At the time of completion of the work, the last period for payment might become less than 3 months, depending on the actual date of completion.

b. The index (Ml/Fl etc.) relevant to any quarter/period for which such compensation is paid shall be the arithmetical average of the indices relevant to the three calendar months. If the period up to date of completion after the quarter covered by the last such installment of payment, is less than three months, the index Ml and Fl shall be the average of the indices for the months falling within that period.

vi) The compensation for escalation for labour shall be worked out as per the formula given below: -

Y Ll-Ll0

VL = W x ______ x _______ 100 Ll0

VL = Variation in labour cost i.e. amount of increase or decrease in rupees to be paid or recovered.

W = Value of work done, worked out as indicated in sub-para (ii) above.

Y = Component of labour expressed as a percentage of the total value of the work.

Ll0 = Minimum daily wage in rupees of an unskilled adult male mazdoor, fixed under any law, statutory rule or order as on the last stipulated date of receipt of tender including extension, if any.

Ll = Minimum wage in rupees of an unskilled adult male mazdoor, fixed under any law, statutory rule or order as applicable on the last date of the quarter previous to the one under consideration.



vii) The following principles will be followed while working out the compensation as per sub-para (vi) above.

a. The minimum wage of an unskilled male mazdoor mentioned in sub-para (vi) above shall be the higher of the wage notified by Government of India, Ministry of Labour and that notified by the local administration both relevant to the place of work and the period of reckoning.

b. The escalation for labour also shall be paid at the same quarterly intervals when escalation due to increase in cost of materials and /or P.O.L. is paid under this clause. If such revision of minimum wages takes place during any such quarterly intervals, the escalation compensation shall be payable at revised rates only for work done in subsequent quarters.

c. Irrespective of variations in minimum wages of any category of labour, for the purpose of this clause, the variation in the rate for an unskilled adult male mazdoor alone shall form the basis for working out the escalation compensation payable on the labour component.

The components of cement, steel, materials, POL and Labour are given as under shall be taken:

a) Cement: Xc = 15% b) Steel: Xs = 35%c) Materials: Xm = 30%d) POL: Z = 10%e) Labour : Y = 10%

In the event the price of materials and /or wages of labour required for execution of the work decrease(s), there shall be a downward adjustment of the cost of work so that such price of materials and /or wages of labour shall be deductible from the cost of work under this contract and in this regard the formula herein before stated under this Clause 10CC shall mutatis mutandis apply.

CLAUSE 10D: DISMANTLED MATERIAL MCD PROPERTY

The Contractor shall treat all materials obtained during dismantling/demolition of a structure, excavation of the site for a work etc. as MCD property and such materials shall be disposed off to the best advantage of Government according to the instructions in writing issued by the Engineer-in-Charge.

CLAUSE 11: WORK TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS, ORDERS ETC.



The contractor shall execute the whole and every part of the work in the most substantial and workman like manner both as regards materials and otherwise in every respects in strict accordance with the specifications. The Contractor shall also conform exactly fully and faithfully to the design approved drawings and instructions in writing in respect of the work signed by the Engineer-in-Charge and the Contractor shall be furnished free of charge one copy of the contract documents together with specifications, design, approved drawings and instructions as are not included in the standard specifications of Central .Public Works Department specified in schedule ‘F’ or in any bureau of Indian Standard or any other, published standard or code or schedule of rates or any other printed publication referred to elsewhere in the contract.

The Contractor shall comply with the provisions of the Contract and with due care and diligence execute and maintain the works and provide all labour and materials, tools and plants including for measurements and supervision of all works, structural plans and other things of temporary or permanent nature required for such execution and maintenance in so far as necessity for providing these, is specified or is reasonably inferred from the contract. The Contractor shall take full responsibility for adequacy, suitability and safety of all the works and methods of construction.

CLAUSE 12: DEVIATIONS/ VARIATIONS EXTENT AND PRICING

The Engineer-in-Charge shall have power (i) to make alternations in, omissions from, additions to, or substitution for the original specifications, drawings, designs, and instructions that may appear to him to be necessary or advisable during the progress of the work and (ii) to omit a part of the works in case of non-availability of a portion of the site or for any other reasons and the Contractor shall be bound to carry out the works in accordance with any instructions given to him in writing signed by the Engineer-in-Charge and such alternations, omissions, additions or substitutions shall form part of the Contract as if originally provided therein and any altered , additional or substituted work which the Contractor may be directed to do in the manner specified above as part of the works, shall be carried out by the Contractor on the same conditions in all respect including price on which he agreed to do the main work except as hereafter provided:-

12.1 The time for completion of the works shall in the event of any deviations resulting

in additional cost over the tendered value sum being ordered, be extended, if re-quested by the Contractor, as follows:-

i) In the proportion which the additional cost of the altered additional or sub-stituted work, bears to the original tendered value plus.

ii) 25% of the time calculated in (i) above or such further additional time as may be considered reasonable by the Engineer-in-Charge

12.2 DEVIATION, EXTRA ITEMS AND PRICING



In the case of extra item(s) the contractor may within fifteen days of receipt of order of occurrence of the item(s) claim rates, supported by proper analysis, for the work and the Engineer-in-charge shall within two months of the receipt of the claims supported by analysis, after giving consideration to the analysis of rates submitted by the contractor, determine the rates on the basis of the market rates and the contractor shall be paid in accordance with the rates so determined.

DEVIATION, SUBSTITUTED ITEMS, PRICING

In the case of substituted items, the rate for the agreement item (to be substituted) and substituted item shall also be determined in the manner as mentioned in the aforesaid para.

a) If the market rate for the substituted item so determined is more than the market rate of the agreement item (to be substituted) the rate payable to the contractor for the substituted item shall be the rate for the agreement item (to be substituted) so increased to the extent of the difference between the market rates of substituted item and the agreement item (to be substituted).

b) If the market rate for the substituted item so determined is less than the market rate of the agreement item (to be substituted) the rate payable to the contractor for the substituted item shall be the rate for the agreement item (to be substituted) so decreased to the extent of the difference between the market rates of substituted item and the agreement item (to be substituted).

DEVIATION, DEVIATED QUANTITIES, PRICING

In the case of contract items, substituted items, contract cum substituted items, which exceed the limits laid down in Schedule ‘F’ the contractor may within fifteen days of receipt of order or occurrence of the excess, claim revision of the rates, supported by proper analysis, for the work in excess of the above mentioned limits, provided that if the rates so claimed are in excess of the rates specified in the schedule of quantities the Engineer-in-charge shall within one month of receipt of the claims supported by analysis, after giving consideration to the analysis of the rates submitted by the contractor, determine the rates on the basis of the market rates and the contractor shall be paid in accordance with the rates so determined.

12.3 The provisions of the preceding paragraph shall also apply to the decrease in the rates of items for the work in excess of the limits laid down in Schedule ‘F’ and the Engineer-in-charge shall after giving notice to the contractor within one month of occurrence of the excess and after taking into consideration any reply received from him within fifteen days of the receipt of the notice, revise the rates for the work in question within one month of the expiry of the said period of fifteen days having regard to the market rates.



12.4 The contractor shall send to the Engineer-in-charge once every three months an upto date account giving complete details of all claims for additional payments to which the contractor may consider himself entitled and of all additional work ordered by the Engineer-in-charge which he has executed during the preceding quarter failing which the contractor shall be deemed to have waived his right. However, the Superintending Engineer may authorize consideration of such claims on merits.

12.5 For the purpose of operation of Schedule ‘F’, the following works shall be treated as works relating to foundation:a) For buildings, compound walls plinth level or 1.2meters (4feet) above ground

level whichever is lower excluding items of flooring and DPC but including base concrete below the floors

b) For abutments, piers, retaining walls of culverts and bridges, walls of water reservoirs the bed of floor level.

c) For retaining walls where floor level is not determinate 1.2meters above the average ground level or bed level.

d) For Roads all items of excavation and filling including treatment of sub-base

12.6 Any operation incidental to or necessarily has to be in contemplation of tenderer while filling tender, or necessary for proper execution of the item included in the schedule of quantities or in the schedule of rates mentioned above, whether or not, specifically indicated in the description of the item and the relevant specifications, shall be deemed to be included in the rates quoted by the tenderer or the rate given in the said schedule of rates, as the case may be nothing extra shall be admissible for such operations.

CLAUSE 13: FORECLOSURE OF CONTRACT DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

If at any time after acceptance of the tender MCD shall decide to abandon or reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the works to be carried out, the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the Contractor shall act accordingly in the matter. The Contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he did not derive in consequences of the foreclosure of the whole or part of the works.

The Contractor shall be paid at contract rates full amount for works executed at site and in addition a reasonable amount as certified by the Engineer-in-Charge for the items hereunder mentioned which could not be utilized on the work to the full extent in view of the foreclosure.



i) Any expenditure incurred on preliminary site work e.g. temporary access roads, tempo-rary labour huts, staff quarters and site office; storage accommodation and water storage tanks.

ii) MCD shall have the option to take over Contractor’s materials or or any part thereof ei-ther brought to site or of which the Contractor is legally bound to accept delivery from suppliers (for incorporation in or incidental to the work) provided, however, Govern-ment shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain. For materials taken over or to be taken over by the MCD cost of such materials as detailed by Engineer-in-Charge shall be paid. The cost shall, how-ever, take into account purchase price, cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor.

iii) If any material supplied by Government are rendered surplus, the same except normal wastage shall be return by the contractor to Government at rates not exceeding those at which these were originally issued less allowance for any deterioration or damage which may have been caused whilst the materials were in the custody of the contractor. In addi-tion, cost of transporting such materials from site to Government stores, if so required by Government, shall be paid.

iv) Reasonable compensation for transfer of T&P from site to Contractor’s permanent stores or to his other works whichever is less. If T&P are not transported to either of the said places, no cost of transportation shall be payable.

v) Reasonable compensation for repatriation of contractor’s site staff and imported labour to the extent necessary.

The Contractor shall, if required by the Engineer-in-Charge furnish to him books of account, wage books, time sheets and other relevant documents and evidence as may be necessary to enable him to certify the reasonable amount payable under this condition.

The reasonable amount of item No.(i), (iv) and (v) above, shall not be in excess of 2% of the cost of the work remaining incomplete on the date of closure i.e. total stipulated cost of the work as per accepted tender less the cost of work actually executed under the Contract and less the cost of Contractor’s materials at site taken over by the Government as per item (ii) above. Provided always that against any payments due to the Contractor on this account or otherwise, the Engineer-in-charge shall be entitled to recover or be credited with any outstanding balances due from the contractor for advance paid in respect of any tool, plants and materials and any other sums which at the date of termination were recoverable by the Government from the Contractor under the terms of the Contract.

CLAUSE 14: CANCELLATION OF CONTRACT IN FULL OR PART

If contractor:



i) at any time makes default in proceeding with the works or any part of the work with the due diligence and continues to do so after a notice in writing of 7 days from the Engi-neer-in-Charge; or

ii) commits default to comply with any of the terms and conditions of the contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is give to him in that behalf by the Engineer-in-Charge; or

iii) fails to complete the works or items of work with individual dates of completion, on or before the date(s) of completion, and does not complete them within the period specified in a notice given in writing in that behalf by the Engineer-in-Charge; or

iv) shall offers or gives or agrees to give to any person in Government service or to any other person on his behalf any gift or consideration of any kind as an inducement or re-ward for doing or forbearing to do or for having done or forborne to do any action relat-ing to the obtaining or execution of this or any other contract for Government; or

v) shall enters into a contract with Government in connection with which commission has been paid or agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the terms of payment thereof have been previously disclosed in writing to the Accepting Authority/ Engineer-in-Charge; or

vi) shall obtains a contract with Government as a result of wrong tendering or other non bonafide methods of competitive tendering; or

vii) being an individual, or if a firm, any partner thereof shallat any time be adjudged insol-vent or have a receiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or compositions (other than a voluntary liq-uidation for the purpose of amalgamation or reconstruction) under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or com-position or arrangement for the benefit of his creditors or purport so to do, or if any ap-plication be made under any Insolvency Act for the time being in force for the sequestra-tion of his estate or if a trust deed be executed by him for benefit of his creditors; or

viii) being a company, shall pass a resolution or the Court shall make an order for the wind-ing up of the Company or a receiver or manager on behalf of the debenture holders or otherwise shall be appointed or circumstances shall arise which entitle the Court or debenture holders or otherwise shall be appointed or circumstances shall arise which en-title the Court or debenture holders to appoint a receiver or manager; or

ix) shall suffer an execution being levied on his goods and allow it to be continued for a pe-riod of 21 days; or

x) assigns, transfers, sublets (engagement of labour on a piece work basis or of labour with materials not to be incorporated in the work, shall not be deemed to be subletting) or otherwise parts with or attempts to assign, transfer sublet or otherwise parts with the en-tire works or any portion thereof without the prior written approval of the Accepting Au-thority.



The Accepting Authority may, without prejudice to any other right or remedy which shall have accrued or shall accrue hereafter to Government by a notice in writing to cancel the Contract as whole or only such items of work in default from the Contract:

The Engineer-in-Charge shall on such cancellation by the Accepting Authority have powers to:

a) Take possession of the site and any materials, constructional plant, imple-ments, stores etc. thereon; and or

b) Carry out the incomplete work by any means at the risk and cost of the Contractor.

On cancellation of the contract in full or in part, the Engineer-in-Charge shall determine what amount if any, is recoverable from the contractor for completion of the works or part of the works or in case the works or part of the works is not to be completed, the loss or damage suffered by MCD. In determining the amount, credit shall be given to the contractor for the value of the work executed by him upto the time of cancellation, the value of contractor’s materials taken over and incorporated in the work and use of plant and machinery belonging to the contractor.

Any excess expenditure incurred or to be incurred by MCD in completing the works or part of the works or the excess loss or damages suffered or may be suffered by MCD as aforesaid after allowing such credit shall without prejudice to any other right or remedy available to MCD in law be recovered from any moneys due to the contractor on any account, and if such moneys are not sufficient the contractor shall be called upon in writing and shall be liable to pay the same within 30 days.

If the contractor shall fail to pay the required sum within the aforesaid period of 30 days, the Engineer-in-Charge shall have the right to sell any or all of the contractor’s unused materials, constructional plant, implements, temporary buildings etc. and apply the proceeds of sale thereof towards the satisfaction of any sums due from the contractor under the contract and if thereafter there be any balance outstanding from the contractor, it shall be recovered in accordance with the provisions of the contact.

Any sums in excess of the amounts due to MCD and unsold materials, constructional plant etc. shall be returned to the contractor, provided always that if cost or anticipated cost of completion by MCD of the works or part of the works is less than the amount which the contractor would have been paid had he completed the works or part of the works, such benefit shall not accrue to the contractor.

CLAUSE 15: SUSPENSION OF WORK

i) The contractor shall on receipt of the order in writing of the Engineer-In-charge (whose decision shall be final and binding on the Contractor) suspend the progress of the works or any part thereof for such time and in such manner as the Engineer-In-charge may consider necessary so as not to cause any damage or injuryu to the work already done or endanger the safety thereof for any of the following reasons;



a) on account of any default on the part of the contractor or:b) for proper execution of the works or part thereof for reason other than the default

of the contractor; orc) for safety of the works or part thereof:

The contractor shall, during such suspension, properly protect and secure the works to the extend necessary and carry out the instructions given in that behalf by the Engineer-in-Charge

ii) If the suspension is ordered for reasons (b) and (c) in subpara (I) above :

a) The contractor shall be entitled to an extension of time equal to the period of ev-ery such suspension PLUS 25% for completion of the item or group of items of work for which a separate period of completion is specified in the contract and of which suspended work forms a part, and;

b) If the total period of all such suspension in respect of an item or group of items or work for which a separate period of completion is specified in the contract ex-ceeds thirty days the contractor shall, in addition, be entitled to such compensa-tion as the Engineer-in-Charge may consider reasonable in respect of salaries and/or wages paid by the contractor to his employees and labour at site, remain-ing idle during the period of suspension, adding thereto 2% to cover indirect ex-penses of the contractor. Provided the contractor submits his claim supported by details to the Engineer-in-Charge within fifteen days of the expiry of the period of 30 days

iii) If the works or part thereof is suspended on the orders of the Engineer-in-charge for more

than three months at a time, except when suspension is ordered for reason (a) in sub-para (I) above, the contractor may after receipt of such order serve a written notice on the Engineer-in-Charge requiring permission within 15 days from receipt by the Engineer-in-Charge of the said notice, to proceed with the work or part thereof in regard to which progress has been suspended and if such permission is not granted within that time, the contractor, if he intends to treat the suspension, where it affects only a part of the works as an omission of such part by the government, or where it affects whole of the works, as an abandonment of then works byu the Government, shall within ten days of expiry of such period of 15 days give notice in writing of his intention to the Engineer-in-Charge. In the event of the Contractor treating the suspension as an abandonment of the contract by Government, he shall have no claim to payment of any compensation on account of any profit or advantage which he might have derived from the execution of the work in full but which he could not derive in consequence of the abandonment . He shall, however, be entitled to such compensation, as the Engineer-in-charge may consider reasonable, respect of salaries and/or wages paid by him to his employees and labour at site, remaining idle in consequences adding to the total thereof 2% to cover indirect expenses of the contractor provided the contractor submits his claim supported by details to the Engineer-in-Charge within 30 days of the expiry of the period of 3 months.

Provided, further, that the contractor shall not be entitled to claim any compensation from Government for the loss suffered by him on account of delay by Government in the



supply of materials in schedule ‘B’ where such delay is covered by difficulties relating to the supply of wagons, force majeure including non allotment of such materials by controlling authorities, acts of God, acts of enemies of the state/country or any reasonable cause beyond the control of the Government.

CLAUSE 16: ACTION IN CASE WORK NOT DONE AS PER SPECIFICATIONS

All works under or in course of execution or executed in pursuance of the contract shall at all times be open and accessible to the inspection and supervision of the Engineer-in-Charge, his authorized subordinates in charge of the work and all the superior officers; officer of the Quality Control Organization of the Department and of the Chief Technical Examiner’s Office and the Contractor shall, at all times, during the usual working hours and at all other times at which reasonable notice of the visit of such officers has been given to the contractor, either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing, present for that purpose. Orders given to the Contractor’s agent shall be considered to have the same force as if they had been given to the contractor himself.

If it shall appear to the Engineer-in-Charge or his authorized subordinates in charge of the work or to the Chief Engineer-in- Charge of Quality Control or his subordinate officers or to the Chief Technical Examiner or his subordinate officers, that any work has been executed with unsound, imperfect, or unskillful workmanship, or with materials or articles provided by him for the execution of the work which are unsound or of a quality inferior to that contracted or otherwise not in accordance with the contract the Contractor shall, on demand in writing which shall be made within 12 months of the completion of the work or maintenance period whichever is later, from the Engineer-in-charge specifying the work materials or articles complained of notwithstanding that the same may have been passed, certified and paid for forthwith, rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own charge and cost. In the even of the failing to do so within a period specified by the Engineer-in-Charge in his demand aforesaid then the contractor shall be liable to pay compensation at the same rate as under Clause 2 of the contract (for non completion of the work in time) for this default.

In such case the Engineer-in-charge may not accept the item of work at the rates applicable under the contract but may accept such items at reduced rates as the competent authority may consider reasonable during the preparation of on account bills or final bill if the item is so acceptable without detriment to the safety and utility of the item and the structure or he may reject the work outright without any payment and/or get it and other connected and incidental items rectified, or removed and re-executed at the risk and cost of the contractor. Decision of the Engineer-in-Charge to be conveyed in writing in respect of the same will be final and binding on the contractor.

CLAUSE 17: CONTRACTOR LIABLE FOR DAMAGES, DEFECTS DURING MAINTENANCE PERIOD



If the contractor or his working people or servants shall break, deface, injure or destroy any part of the building they may be working or any building, road, road curb, fence, enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or cultivated ground contiguous to the premises on which the work or any part is being executed, or if any damage shall happen to the work while in progress from any cause whatever or if any defect shrinkage or other faults appear in the work within 12 months after a certificate final or otherwise of its completion shall have been given by the Engineer-in-Charge as aforesaid arising out of defect or improper materials or workmanship the contractor shall upon receipt of a notice in writing on that behalf make the same good at his own expenses or in default the Engineer-in-Charge cause the same to be made good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may become due to the contractor, or from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof. The Final security deposit of the contractor shall not be refunded before the expiry of twelve months after the issue of the certificate final or otherwise, of completion of work, or till the final bill has been prepared and passed whichever is later. In case the maintenance and operation works of E&M services, the security deposit deducted from contractors shall be refunded within one months from the date of final payment or within one month from the date of completion of the maintenance contract which ever is earlier.

CLAUSE 18: CONTRACTOR TO SUPPLY TOOLS AND PLANTS etc.

The Contractor shall provide at his own cost all materials equipment, machinery, plant, tool, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works required for the proper execution of the work, whether original, altered or substituted and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not, or which may be necessary for the purpose of satisfying or complying with requirements of the Engineer-in-Charge as to any matter as to which under these condition he is entitled to be satisfied or which he is entitled to require together with carriage there for to and from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials, necessary for the purpose of setting out works, and counting, weighing and assisting the measurement for examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer-in-Charge at the expense of the contractor and the expenses may be deducted from any money due to the contractor, under this contract or otherwise and/or from his security deposit or the proceeds of sale thereof, or of a sufficient portions thereof.

CLAUSE 18A: RECOVERY OF COMPENSATION PAID TO WORKMAN

In every case in which by virtue of the provisions subsection (1) of Section 12, of the Workmen’s Compensation Act 1923, Government is obliged to pay compensation to the workman employed by the Contractor, in execution of the work, Government will recover from the contractor, the amount of the compensation so paid, and, without prejudice to the rights of the Government under subsection (2) of the Section 12 of the said Act, Government shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Government to the Contractor whether under this contract or otherwise. Government shall not be bound to contest any claim made against it under subsection (1)



Section 12 of the said Act, except on the written request of the contractor and upon his giving to Government full security for all costs for which Government might become liable in consequence of contesting such claim.

CLAUSE 18B: ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS

In every case in which by virtue of the provision of the Contract Labour (Regulation and Abolition) Act 1970, and of the Contract labour (Regulation and Abolition) Central Rules, 1971, Government is obliged to pay any amounts to wages to a workman employed by the contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the rules under Clause 19H or under the MCD Contractor’s Labour Regulations or under the rules framed by Government from time to time for the protection of health and sanitary arrangements for workers employed by MCD Contractors, Government will recover from the contractor the amount of wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of the Government under sub-section (2) of Section 20, and Sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, Government shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by the Government to the contractor whether under this contract or otherwise Government shall not be bound to contest any claim made against it under sub section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the written request of the contractor and upon his giving to the Government full security for all costs for which Government might become liable in contesting such claim.

CLAUSE 19: LABOUR LAWS TO BE COMPLIED BY THE CONTRACTOR

The contractor shall obtain a valid license under the Contract labour (R&A) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971, before the commencement of the work, and continue to have a valid license until the completion of the work. The Contractor shall also abide by the provisions of the Child Labour (Prohibition and Regulation) Act, 1986.

The contractor shall also comply with the provisions of the building and other construction workers (regulation of Employment and conditions of service) Act, 1996 and the building and other construction workers welfare cess Act, 1996.

Any failure to fulfill this requirement shall attract the penal provisions of this contract arising out of the resultant non-execution of the work.

CLAUSE 19A: No labour below the age of fourteen years shall be employed on the work.

CLAUSE 19B: PAYMENT OF WAGES

i) The contractor shall pay to labour employed by him either directly or through sub-con-tractors, wages not less than fair wages as defined in the Contractor’s Labour Regula-tions or as per the provisions of the Contract Labour (Regulation and Abolition) Act



1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971, wherever applicable.

ii) The contractor shall, notwithstanding the provisions of any contract to the contrary, cause to be paid fair wage to labour indirectly engaged on the work, including any labour engaged by his sub-contractors in connection with the said work, as if the labour had been immediately employed by him.

iii) In respect of all labour directly or indirectly employed in the works for performance of the contractor’s part of this contract, the contractor shall comply with or cause to be complied with the MCD Contractor’s Labour Registrations made by Government from time to time in regard to payment of wages, wage period deductions from wages recov-ery of wages not paid and deduction unauthorizedly made, maintenance of wage books or wage slips publication of scale of wages and other terms of employment, inspection and submission of periodical returns and all other matters of the like nature or as per the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and the Con-tract Labour (Regulation and Abolition) Central Rules 1971 wherever applicable.

iv) a) The Engineer-in-Charge concerned shall have the right to deduct from the moneys due to the contractor any sum required or estimated to be required for making good the loss suffered by worker or workers by reasons of no fulfillment of the conditions of the contract for the benefit of the workers, non payment of wages or of deductions made from his or their wages which are not justified by their terms of the contract or non-observance of the Regulation.

b) Under the provision of Minimum wages (Central) Rules 1950, the contractor is bound to allow the labours directly or indirectly employed in the works one day rest for 6 days, continuous work and pay wages at the same rate as for duty. In the event of default the Engineer-in-Charge shall have the right to deduct the sums or sums not paid on account of wages for weekly holidays to any labourers and pay the same to the persons entitled thereto for any money due to the contractor by the Engineer-in-Charge concerned.

In the case of Union Territory of Delhi, however, as the all inclusive minimum daily wages fixed under Notification of Delhi Administration No.F.12(162)MWO/DAB/43884-91, dated 31.12.1979 as amended from time to time are inclusive of wages for the weekly day of rest, the question of extra payment for weekly holiday would not arise.

v) The contractor shall comply with the provisions of the Payment of Wages Act 1936. Minimum Wages Act, 1948, Employees Liability Act, 1938, Workmen’s Compensation Act 1923, Industrial Dispute Act, 1947, Maternity Benefit Act, 1961, and the Contrac-tor’s Labour (Regulation and Abolition) Act, 1970, or the modifications thereof or any other laws relating thereto and the rules made there under from time to time.

vi) The contractor shall indemnify and keep indemnified Government against payments to be made under and for the observance of the laws aforesaid and the MCD Contractor’s



Labour Regulations without prejudice to his right to claim indemnity from his sub-con-tractors.

vii) The laws aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to be a breach of this contract.

viii) Whatever is the minimum wage for the time being, or if the wage payable is higher than such wage, such wage shall be paid by the contractor to the workmen directly without the intervention of Jamadar and that Jamadar shall not be entitled to deduct or recover any amount from the minimum wage payable to the workmen as and by way of commis-sion or otherwise.

ix) The contractor shall ensure that no amount by way of commission or otherwise is de-ducted or recovered by the Jamadar from the wage of workmen.

CLAUSE 19 C

In respect of all labour directly or indirectly employed in the work for the performance of the contractor’s part of this contract, the contractor shall at his own expense arrange for the safety provisions as per MCD Safety code placed at Section-VIII of this tender document and revised from time to time and shall at his own expense provide for all facilities in connection therewith. In case the contractor fails to make arrangement and provide necessary facilities as aforesaid he shall be liable to pay a penalty of Rs. 200/- for each default and in addition the Engineer-in-Charge shall be at liberty to make arrangement and provide facilities as aforesaid and recover the cost incurred in that behalf from the contractor.

CLAUSE 19 D

The contractor shall submit by the 4th and 19th of every month, to the Engineer-in-Charge a true statement showing in respect of the second half of the preceding month and the first half of the current month respectively: -

i) the Number of labourers employed by him on the work,ii) their working hours,iii) the wage paid to them,iv) The accidents that occurred during the said fortnight showing the circumstances under

which they happened with the extent of damage and injury caused by them, and v) the number of female workers who have been allowed maternity benefit according to

clause 19F and the amount paid to them.

Failing which the contractor shall be liable to pay to Government a sum not exceeding Rs.200/- for each default or materially incorrect statement. The decision of the Engineer-In-Charge shall be final in deducting from any bill due to the contractor the amount levied as fine and be binding on the contractors.

CLAUSE 19 E



In respect of all labour directly or indirectly employed in the works for the performance of the contractor’s part of this contractor the contractor shall comply with or cause to be complied with all the rules framed by Government from time t time for the protection of health and sanitary arrangements for workers employed by the MCD and its contractors.

CLAUSE 19 F: Leave and pay during leave shall be regulated as follows:

1. Leave

i) in the case of delivery – maternity leave not exceeding 8 weeks, 4 weeks upto and includ-ing the day of delivery and 4 weeks following that day.

ii) in the case of miscarriage – upto 3 weeks from the date of miscarriage.

2. Pay

i) in the case of delivery – leave pay during maternity leave will be at the rate of the women’s average daily earnings, calculated on total wages earned on the days when full time work was done during a period of three months immediately preceding the date on which she gives notice that she expects to be confined or at the rate of Rupee one only a day whichever is greater.

ii) in the case of miscarriage – leave pay at the rate of average daily earning calculated on the total wages earned on the days when full time work done during a period of three months immediately preceding the date of such miscarriage.

3. Conditions for the grant of Maternity leave:No maternity leave benefit shall be admissible to a woman unless she has been employed for a total period of not less than six months immediately preceding the date on which she proceeds on leave.

4. The contractor shall maintain a registered of maternity (Benefit) in the Prescribed Form as shown in Annexure I & II and the same shall be kept at the place of work.

CLAUSE 19 G

In the event of the contractor(s) committing a default or breach of any of the provisions of the MCD Contractors Labour Regulation and Model Rules for the protection of health an sanitary arrangements for the workers as amended from time to time or furnishing any information or submitting or filing any statement under the provisions of the above Regulations and Rules which is materially incorrect, he/ they shall, without prejudice to any other liability pay to the Government a sum not exceeding Rs.200/- for every default, breach or furnishing making submitting, filing such materially incorrect statements and in the vent of the contractor(s) defaulting continuously in this respect, the penalty may be enhanced to Rs.200/- per day for each day of default subject to maximum of 5% of the tendered value of the work. The decision of the Engineer-in-Charge shall be final and binding on the parties.



Should it appear to the Engineer-in-Charge that the contractor(s) is/ are not properly observing and complying with the provisions of the MCD Contractor’s Labour Regulation and Model Rules and the provisions of the Central Labour (*Regulation and Abolition) Act.1970, and the Contract Labour (R&A) Central Rules 1971, for the protection of health and sanitary arrangements for work-people employed by the contractor(s) (hereinafter referred as “the said rules”) the Engineer-in-Charge shall have power to give notice in writing to the contractor(s) requiring that the said Rules be complied with and the amenities prescribed therein be provided to the work people within a reasonable time to be specified in the notice. If the contractor(s) shall fail within the period specified in the notice to comply with and/observe the said rules and to provide the amenities to the work people as aforesaid, the Engineer-in-Charge shall have the power to provide the amenities hereinbefore mentioned at the cost of the contractor(s). The contractor(s) shall erect, make and maintain at his/their own expense and to approved standards all necessary huts and sanitary arrangements required for his/their work people on the site in connection with the execution of the works, and if the same shall not have been erected or constructed, according to approved standard, the Engineer-in-Charge shall have power to give notice in writing to the contractor(s) requiring that the aid huts and sanitary arrangements be remodeled and/or reconstructed according to approved standards, and if the contractor(s) shall fail to remodel or reconstruct such huts and sanitary arrangements according to approved standards within the period specified in the notice, the Engineer-in-Charge shall have the power to remodel or reconstruct such huts and sanitary arrangements according to approved standards at the cost of the contractor(s).

CLAUSE 19 H

The contractor(s) shall at his/their own cost provide his/their labour with a sufficient number of huts (hereinafter referred to as the camp) of the following specifications on a suitable plot of land to be approved by the Engineer-in-Charge.

i) a) The minimum height of each hut as the eaves level shall be 2.10m (7 ft) and the floor area to be provided will be at the rate of 2.7 Sq.m. (30 sq.ft.) for each mem-ber of the worker’s family staying with the labour.

b) The contractor(s) shall in addition construct suitable cooking places having a minimum area of 1.80 m x 1.50 m(6’ x 5’) adjacent to the hut for each family.

c) The contractor(s) shall also construct temporary latrines and urinals for the use of the laborers each on the scale of not less than four per each one hundred of the total strength, separate latrines and urinals being provided for women.

d) The contractor(s) shall construct sufficient number of bathing and washing places, one unit for every 25 persons residing in the camp. These bathing and washing places shall be suitably screened.

ii) a) All the huts shall have walls of sun-dried or burnt bricks laid in mud mortar or



other suitable local materials as may be approved by the Engineer-in-Charge. In case of sundered bricks, the walls should be plastered with mud gobri on both sides. The floor may be kutcha but plastered and shall be atleast 15 cm (6”) above the surrounding ground. The roof shall be aid with thatch or any other materials as may be approved by the Engineer-in-Charge and the contractor shall ensure that throughout the period of their occupation the roof remains watertight.

b) The contractor(s) shall provide each hut with proper ventilation.

c) All doors, windows and ventilators shall be provided with suitable leaves for security purposes.

d) There shall be kept an open space of at least 7.2m (8 yards) between the rows of huts which may be reduced to 6m (20 ft.) according to the availability of site with the approval of the Engineer-in-Charge. Back to back construction will be allowed.

iii) Water Supply – the contractor(s) shall provide adequate supply of water for the use of labourers. The provisions shall not be less than two gallons of pure and wholesome water per head per day for drinking purposes and three gallons of clean water per head per day for bathing and washing purposes. Where piped water supply is available, supply shall be at stands posts and where the supply is from wells or river, tanks, which may be of metal or masonry, shall be provided. The contractor(s) shall also at his/their own cost make ar-rangements for laying pipe lines for water supply to his/their labour camp from the exist-ing mains wherever available, and shall pay all fees and charges therefore.

iv) The site selected for the camp shall be high ground, removed from jungle.

v) Disposal of Excreta – The contractor(s) shall make necessary arrangements for the dis-posal of excreta from the latrines by trenching or incineration, which shall be according the requirements laid down by the Local Health Authorities. If trenching or incineration is not allowed the contractor(s) shall make arrangements for the removal of excreta through the Municipal Committee/authority and inform it about the number of labourers employed so that arrangements may be made by such Committee/authority for the re-moval of the excreta. All charges on this account shall be borne by the contractor and paid direct by him to the Municipality/authority. The contractor shall provide one sweeper for every eight seats in case of dry system.

vi) Drainage – The contractor(s) shall provide efficient arrangements for draining away sul-lage water so as to keep the camp neat and tidy.

vii) The contractor(s) shall make necessary arrangements for keeping the camp are suffi-ciently lighted to avoid accidents to the workers.



viii) Sanitation – The contractor(s) shall made arrangements for conservancy and sanitation in the labour camps according to the rules of the Local Public Health and Medical Au-thorities.

CLAUSE 191

The Engineer-in-Charge may require the contractor to dismiss or remove from the site of the work any person or persons in the contractors’ employ upon the work who may be incompetent or misconduct himself and the contractor shall forthwith comply with such requirements.

CLAUSE 19 J

It shall be the responsibility of the contractor to see that the building under construction/site for labour camp, stores and casting yard is not occupied by any body unauthorisedly during construction, and is handed over to the Engineer-in-Charge with vacant possession of complete building/site and casting yard. If such building/site for labour camp, stores and casting yard though completed is occupied illegally, then the Engineer-in-Charge shall have the option to refuse to accept the said building (s) and land in that position. Any delay in acceptance on this account will be treated as the delay in completion and for such delay a very up to 5% of tendered value of work may be imposed by the Superintending Engineer whose decision shall be final both with regard to the justification and quantum and be binding on the contractor.

However, the Superintending Engineer, through a notice, may require the contractor to remove the illegal occupation any time on or before construction and delivery.

CLAUSE 20: MINIMUM OF WAGES ACT TO BE COMPLIED WITH

The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, and Contract Labour (Regulation & Abolition) Act, 1970, amended from time to time and rules framed thereunder and other labour laws affecting contract labour that may be brought into the force from time to time.

CLAUSE 21: WORK NOT TO BE SUBLET. ACTION IN CASE OF INSOLVENCY

The contract shall not be assigned or sublet without the written Approval of the Engineer-in-Charge. And if the contractor shall assign or sublet his contract, or attempt to do so, or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or if any bribe, gratuity, gift loan, perquisite, reward or advantage pecuniary or otherwise, shall either directly or indirectly, be given, promised or offered by the contractor, or any of his servants or agents to any public officer or person in the employ of Government in any way reacting to his office or employment, or if any such officer or person shall become I any way directly or indirectly interested in the contract, the Engineer-in-Charge on behalf of the Commissioner, MCD shall have power to adopt any of the course specified in Clause 3 thereof as he may deem best suited to the interest of Government and in the event of any of these courses being adopted the consequences specified in the said Clause 3 shall ensure.



CLAUSE 22

All sums payable by way of compensation under of these conditions shall be considered as reasonable compensation to be applied to the use of MCD without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.

CLAUSE 23: CHANGE IN FIRM’S CONSTITUTION TO BE INTIMATED

Where the contractor is partnership firm, the prior approval in writing of the Engineer-in-Charge shall be obtained before any charge is made in the constitution of the firm. Where the contractor is an individual or a Hindu undivided family business concern such approval as aforesaid shall likewise be obtained before the contractor enters into any partnership agreement where under the partnership firm would have the right to carry out the works hereby undertaken by the contractor. If prior approval as aforesaid is not obtained, the contractor shall be deemed to have been assigned in contravention of Clause 21 hereof an the same action may be taken, and the same consequences shall ensure as provided in the said Clause 21.

CLAUSE 24

All works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Engineer-in-Charge who shall be entitled to direct at what point or points and in what manner they are to be commenced, and from time to time carried on.

CLAUSE 25: SETTLEMENT OF DISPUTES

Except where otherwise provided in the contract, all questions and disputes relating to the meaning of the specifications, design, drawings and instructions here-in-before 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 the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter:(i) If the contractor considers any work demanded of him to be outside the requirements of

the contract, or disputes any drawings, record of decision given in writing by the Engi-neer-In-Charge on any matter in connection with or arising out of the contract of carrying out of the work, to be unacceptable, he shall promptly within 15 days request the Super-intending Engineer in writing for written instruction or decision. Thereupon, the Superin-tending Engineer shall give his written instructions or decision within a period of two months from the receipt of contractor’s letter.

If the Superintending Engineer fails to give his instructions or decision in writing within the aforesaid period or if the contractor is dissatisfied with the instructions or decision of the Superintending Engineer, the contractor may, within 15 days of the receipt of



Superintending Engineer’s decision, appeal to the Chief Engineer who shall afford an opportunity to the contractor to be heard, if the latter so desires, and to offer evidence in support of his appeal. The Chief Engineer shall give his decision within 60 days of receipt of contractors appeal and decision of Chief Engineer shall be final and binding on the contractor.

CLAUSE 26: CONTRACTOR TO INDEMNIFY GOVT. AGAINST PATENT RIGHTS

The contractor shall fully indemnify and keep indemnified the Commissioner, Municipal Corporation of Delhi against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect or action brought against Govt. in respect of any such matters as aforesaid, the contractor shall be immediately notified thereof and the contractor shall be at liberty, at his own expenses, to settle any dispute or to conduct any litigation that may arise therefrom, provided that the contractor shall not be liable to indemnify the Commissioner, MCD if the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the Engineer-in-Charge in this behalf.

CLAUSE 27: LUMPSUM PROVISIONS IN TENDER

When the estimate on which a tender is made includes lump-sum in respect of parts of the work, the contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates as are payable under this contract for such items, or if the part of the work in question is not, in the opinion of the Engineer-in-Charge payable 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 the clause.

CLAUSE 28: ACTION WHERE NO SPECIFICATIONS ARE SPECIFIED

In the case of any class of work for which there is no such specifications as referred to in Clause 11, such work shall be carried out in accordance with the Bureau of Indian Standards Specifications. In case there are no such specifications in Bureau of Indian Standards, the work shall be carried out as per manufactures specifications, if not available then as per District Specifications. In case there are no such specifications as required above, the work shall be carried out in all respects in accordance with the instructions as requirements of the Engineer-in-charge.

CLAUSE 29: WITHHOLDING AND LIEN IN RESPECT OF SUMS DUE FROM CONTRACTOR

i) Whenever any claim or claims for payment of a sum of money arise out of or under the contract or against the contractor, the Engineer-in-Charge or the MCD shall be entitled



to withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any, deposited by the contractor and for the purpose aforesaid, the Engineer-in-Charge or the MCD shall be entitled to withhold the security deposit, if any furnished as the case may be and also have a lien over the same pending finalization or adjudication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the contractor, the Engineer-in-Charge or the MCD shall be entitled to withhold and have alien to retain to the extent of such claimed amount or amounts referred to above, from any sum or sums found payable or which may at any time thereafter become payable to the contractor under the same contract or any other contract with the Engineer-in-Charge of the MCD or any other contract with the Engineer-in-charge of MCD or any contracting person through the Engineer-in-charge pending finalization of adjudication of any such claim.

It is an agreed term of the contract that the sum of money or moneys so withheld or retained under the lien referred to above by the Engineer-in-Charge or MCD will be kept withheld or retained as such by the Engineer-in-Charge of MCD till the claim arising out of or under the contract is determined by the competent court and that the contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to above and duly notified as such to the contractor. For the purpose of this clause, where the contractor is a partnership firm or a limited company, the Engineer-in-Charge or the MCD shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner/limited company as the case may be, whether in his individual capacity or otherwise.

ii) MCD shall have the right to cause an audit and technical examination of the works and the final bills of the contractor including all supporting vouchers, abstract, etc. to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed to have been done by him under the contract and found not to have been executed, the contractor shall be liable to refund the amount of over payment and it shall be lawful for MCD to recover the same from him in the manner prescribed in such clause (i) of this clause or in any other manner legally permissible; and if it is found that the contractor was paid less than what was due to him under it, the amount of such under payment shall be duly paid by the MCD to the contractor, without any interest thereon whatsoever.

Provided that the government shall not be entitled to recover any sum over paid nor the contractor shall be entitled to payment of any sum paid short where such payment has been agreed upon between the Superintending Engineer or Executive Engineer on the one hand and the contractor on the other under any term of the contract permitting payment for work after assessment by the Superintending Engineer or the Executive Engineer.

CLAUSE 29A: LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS



Any sum of money due and payable to the contractor (including the security deposit retumable to him) under the contract may be withheld or retained by way of lien by the Engineer-In-Charge or the MCD or any other contracting person or person through Engineer-In-Charge against any claim of the Engineer-In-Charge or MCD or such other person or persons in respect of payment of a sum of money arising out of or under any other contract by made the contractor with the Engineer-In-Charge or the MCD or with such other person or persons.

It is an agreed term of the contract that the sum of money so withheld or retained under this clause by the Engineer-In-Charge or the MCD will be kept withheld or retained as such by the Engineer-In-Charge or the MCD or till his claim arising out of the same contract or any other contract is either mutually settled or determined by the arbitration clause or by the competent court, as the case may be and that the contractor shall have no claim for interest or damages whatsoever on this account or on any other ground in respect of any sum of money withheld or retained under this clause and duly notified as such to the contractor.

CLAUSE 30: EMPLOYEMENT OF COAL MINING OR CONTROLLED AREA LABOUR NOT PERMISSIBLE

The contractor shall not employ coal mining or controlled area labour falling under any category whatsoever on or in connection with the work or recruit labour from area within a radius of 32Km (20miles) of the controlled area. Subject as above the contractor shall employ imported labour only i.e. deposit imported labour or labour imported by contractors from area, from which import is permitted.

Where ceiling price for imported labour has been fixed by State or Regional Labour Committees not more that that ceiling price shall be paid to the labour by the contractor.

The contractor shall immediately remove any labourer who may be pointed out by the Engineer-in-Charge as being a coal mining or controlled area labourer. Failure to do so shall render the contractor laible to pay to Govt. a sum calculated at the rate of Rs.10/- per day per labourer. The certificate of the Engineer-in-Charge about the number of coal mining or controlled area labouer and the number of days for which they worked shall be final and binding upon all parties to his contract.

It is declared and agreed between the parties that the aforesaid stipulation in this clause is one in which the public are interested within the meaning of the exception in section 74 of Indian Contract Act, 1872.

Explanation: - Controlled area means the following areas:

Districts of Dhanbad, Hazaribagh, Namtara-a Sub-Division under Santhal Pargana Commissioner, Districts of Bankuara, Birbhum, Burdwan, District of Bilaspur.

Any other area which may be declared a controlled area by or with the approval of the Central Government.

CLAUSE 31: UNFILTERED WATER SUPPLY



The contractor(s) shall make his/their own arrangement for water required for the work and nothing extra will be paid for the same. This will be subject to the following condition:

i) That the water used by the contractor(s) shall be fit for construction purposes to the satisfaction of the Engineer-in-Charge.

ii) The Engineer-in-charge shall make alternative arrangements for supply of water at the risk and cost of contractor(s) if the arrangements made by the contractor(s) for procurement of water are in the opinion of the Engineer-in-charge, unsatisfactory.

CLAUSE 31A: DEPARTMENT WATER SUPPLY, IF AVAILABLE

Water is available may be supplied to the contractor by the department by the department subject to the following conditions:

i) The water charges @ 1% shall be recovered on gross amount of the work done.

ii) The contractor(s) shall make his/their own arrangement of water connection and laying of pipelines from existing main of source of supply.

iii) The department do not guarantee to maintain uninterrupted supply of water and it will be incumbent on the contract(s) to make alternative arrangement for water at his/their own cost in event of any temporary break down in the Govt. water main so that the progress of his/their work is not held up for want of water. No claim of damage or refund of water charges will be entertained on account of such break down.

CLAUSE 32: ALTERNATE WATER ARRANGEMENTS

i) Where there is no pipes water supply arrangement and the water is taken by the contractor from the wells or hand pump constructed by the Government, no charge shall be recovered from the contractor on that account. The contractor shall, however, draw water at such hours of the day that it does not interfere with the normal use for which the hand pumps and wells are intended. He will also be responsible for all damage and abnormal repairs arising out of his use, the cost of which shall be recoverable from him. The Engineer-in-charge shall be the final authority to determine the cost recoverable from the contractor on this account and his decision shall be binding on the contractor.

ii) The contractor shall be allowed to construct temporary wells in Government land for taking water for construction purposes only after he has got permission of the Engineer-in-charge in writing. No charges shall be recovered from the contractor on this account, but the contractor shall be required to provide necessary safety arrangements to avoid any accidents or damage to adjacent buildings, roads and service lines. He shall be responsible for any accidents or damage caused due to construction and subsequent maintenance of the wells and shall restore the ground to its original condition after the wells are dismantled on completion of the work.



CLAUSE 33: RETURN OF SURPLUS MATERIALS

Notwithstanding anything contained to the contrary in this contract, where any materials for the execution of the contract are procured with the assistance of Government either by issue from Government stocks or purchase made under orders or permits or license issued by Government, the contractor shall hold the said materials economically and solely for the purpose of the contract and not dispose of them without the written permission of the Government and return, if required by the Engineer-in-Charge, all surplus or unserviceable materials that may be left with him after the completion of the contract or at its termination for any reason whatsoever on being paid or credited such price as the Engineer-in-charge shall determine having due regard to the condition of the materials. The price allowed to the contractor however shall not exceed the amount charged to him excluding the element of storage charges. The decision of the Engineer-in-Charge shall be final and conclusive. In the event of breach of the aforesaid condition, the contractor shall in addition to throwing himself open to action for contravention of the terms of the license or permit and/or for criminal breach of trust, be liable to Government for all moneys, advantages or profits resulting or which in the usual course would have resulted to him by reason of such breach.

CLAUSE 34: HIRE OF PLANT AND MACHINERY

i) The contractor shall arrange at his own expense all tools, plant, machinery and equipment (hereinafter referred to as T & P) required for execution of the work except for the plant and machinery listed in schedule ‘C’ and stipulated for issue to the contractor, if the contractor requires any item of T&P on hire from the T&P available with the Government over and above the T&P stipulated for issue, the Government will, if such item is available, hire it to the contractor at rates to be agreed upon between him and the Engineer-in-charge. In such a case all the conditions hereunder for issue of T&P shall also be applicable to such T&P as is agreed to be issued.

ii) Plant and Machinery when supplied on hire charges shown in Schedule ‘C’ shall be made over and taken back at the departmental equipment yard/shed shown in schedule ‘C’ and the contractor shall bear the cost of carriage from the place of issue to the site of work and back. The contractor shall be responsible to return the plant and machinery with condition in which it was handed over to him, and he shall be responsible for all damage caused to the said plant and machinery at the site of work or elsewhere in operation and otherwise during transit including damage to or loss of plant and for all losses due to his failure to return the same soon after the completion of the work for which it was issued. The divisional Engineer shall be the sole judge to determine the liability of the contractor and its extent in this regard and his decision shall be final and binding on the contractor.

iii) The plant and machinery as stipulated above will be issued as and when available and if required by the contractor. The contractor shall arrange his programme of work



according to the availability of the plant and machinery and no claim, whatsoever, will be entertained from him for any delay in supply by the department.

iv) The hire charges shall be recovered at the prescribed rates from and inclusive of the date the plant and machinery made over upto and inclusive of the date of the return in good order even though the same may not have been working for any cause except major breakdown due to no fault of the contractor or faulty use requiring more than three working days continuously (excluding intervening holidays and Sundays) for bringing the plant in order. The contractor shall immediately intimate in writing to the Engineer-in-charge when any plant or machinery gets out of order requiring major repairs as aforesaid. The Engineer-in-charge shall record the date and time of receipt of such intimation in the log sheet of the plant or machinery. Based on this if the breakdown before lunch period or major breakdown will be computed considering half a day’s breakdown on the day of complaint. If the breakdown occurs in the post lunch period of major breakdown will be computed starting from the next working day. In case of any dispute under this clause the decision of he Superintending Engineer shall be final and binding on the contractor

v) The hire charges shown above are for each day of 8 hours (inclusive of the one hours lunch break) or part thereof.

vi) Hire charges will include service of operating staff as required and also supply of lubricating oil and stores for cleaning purposes. Power fuel of approved type, firewood, kerosene oil etc. for running the plant and machinery and also the full time chowkidar for guarding the plant and machinery against any loss or damage shall be arranged by the contractor who shall be fully responsible for the safeguard and security of plant and machinery. The contractor shall on or before the supply of plant and machinery sign an agreement indemnifying the department against any loss or damage caused to the plant and machinery either during transit or at site of work.

vii) Ordinarily, no plant and machinery shall work for more than 8 hours a day inclusive of one hour lunch break. In case of an urgent work however, the Engineer-in-charge may, at his discretion, allow the plant and machinery to be worked for more than normal period of 8 hours a day. In that case, the hourly hire charges for overtime to be borne by the contractor shall be 50% more than the normal proportionate hourly charges (1/8th of the daily charges) subject to a minimum of half day’s normal charges on any particular day. For working out hire charges for over time, a period of half an hour and above will be charged as one hour and a period of less than half an hour will be ignored.

viii) The contractor shall release the plant and machinery every seventh day for periodical servicing and/or wash out which may take about three to four hours or more. Hire charges for full day shall be recovered from the contractor for the day of servicing/wash out irrespective of the period employed in servicing.



ix) The plant and machinery once issued to the contractor shall not be returned by him on account of lack of arrangements of labour and materials etc. on his part, the same will be returned only when they are required for major repairs or when in the opinion of the Engineer0in0charge the work or a portion of work for which the same was issued is complete.

x) Log book for recording the hours of daily work for each of the plant and machinery supplied to the contractor will be maintained by the department and will be countersigned by the contractor or his authorized agent daily. In case the contractor contests the correctness of the entries and/or fails to sign the log book, the decision of the Engineer-in-charge shall be final and binding on him. Hire chares will be calculated according to the entries in the log book and will be binding on the contractor recovery on account of hire charges for road rollers shall b made for minimum number of days worked out on the assumption that a roller can consolidate per day and maximum quantity of materials or area surfacing as noted against each in the annexed statement (see attached annexure).

xi) In the case of concrete mixers, the contractors shall arrange to get the hopper cleaned and the drum washed at the close of the work each day or each occasion.a) In case rollers for consolidation are employed by the contractor himself, log book

for such rollers shall be maintained in the same manner as is done in case of departmental rollers, maximum quantity of any items to be consolidated for each roller-day shall also be same as in Annexure to Clause 34(x). for less use of rollers, recovery for the less roller days shall be made at the stipulated issue rate.

xii) The contractor shall be responsible to return the plant and machinery in the condition in which it was handed over to him and he shall be responsible for all damages caused to the said plant and machinery at the site of work or elsewhere in operation or otherwise or during transit including damage to or loss of parts, and for all losses due to his failure to return the same soon after the completion of the work for which it was issued. The Divisional Engineer shall be the sole judge to determine the liability of the contractor and its extent in this regard and his decision shall be final and binding on the contractor.

xiii) The contractor will be exempted from levy of any hire charges for the number of days he is called upon in writing by the Engineer-in-charge to suspend execution of the work, provided Government Plant and machinery in question have, in fact, remained idle with the contractor because of the suspension.

xiv) In the event of the contractor not requiring any item of plant and machinery issued by Government though not stipulated for issue in Schedule ‘C’ any time after taking delivery at the place of issue, he may return it after two days written notice or at any time without notice if he agrees to pay hire charges for two additional days without, in any way, affecting the right of the Engineer-in-charge to use the said plant and machinery during the said period of two days as he likes including hiring out to a third party.

CLAUSE 35: CONDITION RELATING TO USE OF ASPHALTIC MATERIALS



i) The contractor undertakes to make arrangements for the supervision of the work by firm supplying the tar or bitumen used.

ii) The contractor shall collect the total quantity of tar or bitumen required for the work as per standard formula, before the process of painting is started and shall hypothecate it to the Engineer-in-charge. If any bitumen or tar remains unused on completion of the work on account of lesser use of materials in actual execution for reasons other than authorized changes of specifications and abandonment of portion of work, a corresponding deduction equivalent to the cost of unused materials as determined by the Engineer-in-charge shall be made and the material return to the contractor. Although the materials are hypothecated to Government, the contractor undertakes the responsibility for their proper watch, safe custody and protection against all risks. The materials shall not be removed from site of work without the consent of the Engineer-in-charge in writing.

iii) The contractor shall be responsible for rectifying defects noticed within a period of five year from the date of completion of the work of AC (asphaltic concrete) and 10 years for the work of Mastic Asphalt, and the portion of the security deposit relating to asphaltic work shall be refunded after the expiry of these periods.

CLAUSE 36: EMPLOYMENT TO TECHNICAL STAFF AND EMPLOYEES

Contractor Superintendence, Supervision, Technical Staff & employees:

i) The contractor shall provide all necessary superintendence during execution of the work and all along thereafter as may be necessary for proper fulfilling of the obligations under the contract.

The contractor shall immediately after receiving letter of acceptance of the tender and before commencement of the work, intimate in writing to the Engineer-in-Charge the name(s), qualifications, experience, age, address(s) and other particulars alongwith certificates of the principal technical representative to be in charge of the work and other technical representative(s) who will be supervising the work. Minimum requirement of such technical representative(s) and their qualifications and experience shall not be lower than specified in Schedule- F. The Engineer-in-Charge shall, within 3 days of receipt of such communication intimate in writing his approval or otherwise, of such representative(s) to the contractor. Any such approval may at any time be withdrawn and in case of such withdrawal the contractor shall appoint another such representative(s) according to the provisions of this clause. Decision of the Engineer-in-charge shall be final and binding on the contractor in this respect. Such a principal technical representative and other technical representative(s) shall be appointed by the contractor soon after receipt of the approval from Engineer-in-Charge and shall be available at site before start of work.

All the provisions applicable to the principal technical representative under the clause will also be applicable to other technical representative(s). The principal technical representative and other technical representative(s) shall be present at the site of work for supervision at all times when any construction activity is in progress and also present himself/themselves, as required, to the Engineer-in-Charge and/or his designated representative to take instructions. Instructions given to the principal technical representative or other technical representative(s) shall be deemed to have the same force as if these have been given to the contractor. The principal technical representative



and other technical representative(s) shall be actually available at site fully during all stages of execution of work, during recording/checking/test checking of measurements of works and whenever so required by the Engineer-in-Charge and shall also note down instructions conveyed by the Engineer-in-Charge or has designated representative(s) in the site order book and shall affix his/their signature in token of noting down the instructions and in token of acceptance of measurements/checked measurements/test checked measurements. The representative(s) shall not look after any other work. Substitutes, duly approved by Engineer-in-Charge of the work in similar manner as aforesaid, shall be provided in event of absence of any of the representative(s)by more than two days.

If the Engineer-in-Charge, whose decision in this respect is final and binding on the Contractor, is convinced that no such technical representative(s) is/are effectively appointed or is/are effectively attending or fulfilling the provision of this clause, a recovery (non refundable) shall be effected from the contractor as specified in Schedule “F” and the decision of the Engineer-in-Charge as recorded in the site order book and measurements recorded checked/test checked in Measurement Books shall be final and binding on the contractor. Further if the contractor fails to appoint suitable principal technical representative and/or other technical representative(s)and if such appointed persons are not effectively present or are absent by more than two days without duly approved substitute or do not discharge their responsibilities satisfactorily, the Engineer-in-Charge shall have full powers to suspend the execution of the work until such date as suitable other technical representative(s) is/are appointed and the contractor shall be held responsible for the delay so caused to the work. The contractor shall submit a certificate of employment of the technical representative(s) along with every on account bill/final bill and shall produce evidence if at any time so required by the Engineer-in-Charge.

CLAUSE 37: LEVY / TAXES PAYABLE BY CONTRACTOR

i) Sales Tax or any other tax on materials in respect of this contract shall be payable by the contractor and MCD shall not entertain any claim whatsoever in this respect.

ii) The contractor shall deposit royalty and obtain necessary permit for supply of the red bajri, stone, Kankar, etc. from local authorities.

iii) If pursuant to or under any law, notification or order any royalty, cess or the like becomes payable by the MCD and does not any time become payable by the contractor to the State Government. Local authorities in respect of any material used by the contractor in the works then in such a case, it shall be lawful to the MCD and it will have the right and be entitled to recover the amount paid in the circumstances as aforesaid from dues of the contractor.

CLAUSE 38: CONDITIONS FOR REIMBURSEMENT OF LEVY/TAXES IF LEIVED AFTER RECEIPT OF TENDERS

i) All tendered rates shall be inclusive of all taxes and levies payable under respective statutes. However, pursuant to the Constitution (46th Amendment) Act. 1982, if any further tax or levy is imposed by Statute, after the last stipulated date for the receipt of tender including extensions if any and the contractor thereupon necessary and properly



pays such taxes/levies the contractor shall be reimbursed the amount so paid, provided such payments, if any, is not in the opinion of the Superintending Engineer (whose decision shall be final and binding on the contractor) attributable to delay in execution of work within the control of the contractor.

ii) The contractor shall keep necessary books of accounts and other documents for the pur-pose of this condition as may be necessary and shall allow inspection of the same by a duly authorized representative of the Government and/or the Engineer-in-Charge and fur-ther shall furnish such other information/document as the Engineer-in-Charge may require from time to time.

iii) The contractor shall, within a period of 30 days of the imposition for any such further tax or levy, pursuant to the constitution (forty Sixth Amendment) Act.1982. give a written no-tice thereof to the Engineer-in-Charge that the same is given pursuant to this condition, to-gether with all necessary information relating thereto.

CLAUSE 39: TERMINATION OF CONTRACT ON DEATH OF CONTRACTOR

Without prejudice to any of the rights or remedies under this contract if the contractor dies, the divisional officer on behalf of the Commissioner, Municipal Corporation of Delhi shall have the option of terminating the contract without compensation to the contractor.

CLAUSE 40: IF RELATION WORKING IN MCD THEN THE CONTRACTOR NOT ALLOWED TO TENDER

The contractor shall not be permitted to tender for works in the MCD circle (responsible for award and execution of contracts) in which his near relative is posted as Divisional Accountant or as an officer in any capacity between the grades of the Superintending Engineer and Assistant Engineer (both inclusive). He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any Gazetted Officer in the MCD or in the Ministry of Urban Development. Any breach of this condition by the contractor would render him liable to be removed from the approved list of contractors of this department. If however the contractor is registered in any other department, he shall be debarred from tendering in MCD for any breach of this condition.

NOTE: By the term “near relatives” is meant wife, husband, parents and grand parents, children and grand children, brothers and sisters, uncles, aunts and cousins and their corresponding in laws.

CLAUSE 41: NO GAZETTED ENGINEER TO WORK AS CONTRACTOR WITHIN TWO YEARS OF RETAIREMENT

No engineer of gazetted rank or other gazetted officer employed in engineering or administrative duties in an engineering department of the Government of Indian shall work as a contractor or employee of a contractor for a period of two years after his retirement from government service without the previous permission of government of India in writing. This contract is liable to be



cancelled if either the contractor or any of his employees is found at any time to be such a person who had not obtained the permission of Government of India as aforesaid before submission of the tender or engagement in the contractor’s service, as the case may be.

CLAUSE 42: RETURN OF MATERIAL AND RECOVERY FOR EXCESS MATERIAL ISSUED

i) After completion of the work and also at any intermediate stage in the event of non-reconciliation of materials issued, consumed and n balance –(see clause 10), theoretical quantity of material issued by the Government for use in the work shall be calculated on the basis and method given hereunder:

a) Quantity of cement and bitumen shall be calculated on the basis of quantity of cement and bitumen required for different items of work as shown in the schedule of rates mentioned in schedule ‘F’. In case any item is executed for which standard constants for the consumption of cement or bitumen are not available in the above mentioned schedule/statement or cannot be derived from the same shall be calculated on the basis of standard formula to be laid down by the Engineer-in-charge.

b) Theoretical quantity of steel reinforcement or structural steel sections shall be taken as the quantity required as per design or as authorized by Engineer-in-charge, including authorized lappages, chairs etc plus 3% wastage due to cutting into pieces, such theoretical quantity being determined and compared with the actual issues each diameter wise, section wise and category wise separately.

c) Theoretical quantity of G.I. and C.I. or other pipes, conduits, wires and cables, pig lead and G.I./M.S. sheets shall be taken as quantity actually required and measured plus 5% for wastage due to cutting into pieces (except in the case of G.I./M.S. sheets it shall be 10%), such determination and comparison being made diameter wise and category wise.

d) For any other material as per actual requirements.

ii) Over the theoretical quantities of materials so computed a variation shall be allowed as specified in schedule ‘F’. The difference in the net quantities of material actually issued to the contractor and the theoretical quantities including such authorized variation, if not returned by the contractor or if not fully reconciled to the satisfaction of the Engineer-in-charge within fifteen days of the issue of written notice by the Engineer-in-charge to this effect shall be recovered at the rates specified in schedule ‘F’ without prejudice to the provision of the relevant conditions regarding return of materials governing the contract. Decision of Engineer-in-charge in regard to theoretical quantities of materials, which should have been actually used as per the annexure of the standard schedule of rates and recovery at rates specified in schedule of rates and recovery at rates specified in schedule ‘F’ shall be final and binding on the contractor.

For non scheduled items, the decision of the Superintending Engineer regarding theoretical quantities of materials which should have been actually used, shall be final and binding on the contractor.



iii) The said action under this clause is without prejudice to the right of the Government to take action against the contract under any other conditions of contract for not doing the work according to the prescribed specifications.

CLAUSE 43: COMPENSATION DURING WARLIKE SITUATIONS

The work (whether fully constructed or not) and all materials, machines, tools and plants scaffolding, temporary buildings and other thing connected therewith shall be at the risk of the contractor until the work has been delivered to the Engineer-in-Charge and a certificate from him to that effect obtained. In the event of the work any materials properly brought to the site for incorporation in the work being damaged or destroyed in consequence of hospitalities or warlike operation, the contractor shall when ordered (in writing) by the Engineer-in-Charge to remove any debris from the site, collect and properly stack or remove in store all serviceable materials salvaged from the damaged work and shall be paid at the contract rates in accordance with the provision of this agreement for the work of clearing the site of debris, stacking or removal of serviceable material and for reconstruction of all works ordered by the Engineer-in-Charge, such payments being in addition to compensation upto the value of the work originally executed before being damaged or destroyed and not paid for. In case of works damaged or destroyed but not already measured and paid for, the compensation shall be assessed by the Engineer-In-Charge upto Rs.5,000/- and by the Superintending Engineer concerned for a higher amount. The contractor shall be paid for the damages/destruction suffered and for the restoring the material at the rate based on analysis of rates tendered for the in accordance with the provision of the contract. The certificate of the Engineer-in-Charge regarding the quality and quantity of materials and the purpose for which they were collected shall be final and binding on all parties to this contract.

Provided always that no compensation shall be payable for any loss in consequence of hostilities of warlike operations (a) unless the contractor had taken all such precautions against air raid as are deemed necessary by the A.R.P. Officers or the Engineer-in-Charge (b) for any material etc. not on the site of the work or for any tools, plant, machinery, scaffolding, temporary building and other things not intended for the work.

In the event of the contractor having to carry out reconstruction as aforesaid, he shall be allowed such extension of time for its completion as is considered reasonable by the Engineer-In-Charge.

CLAUSE 44: APPRENTICES ACT PROVISIONS TO BE COMPLIED WITH

The contractor shall comply with the provisions of the Apprentices Act, 1961 and the rules and orders issued thereunder from time to TIME. If he fails to do so, his failure will be a breach of the contract and the Superintending Engineer may, in his discretion, cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the said Act.

CLAUSE 45: RELEASE OF SECURITY DEPOSIT AFTER LABOUR CLEARANCE

Security Deposit of the work shall not be refunded till the contractor produces a clearance certificate from the Labour Officer. As soon as the work is virtually complete the contractor shall



apply for the clearance certificate to the labour officer under intimation to the Engineer-in-Charge. The Engineer-in-Charge, on receipt of the said communication; Shall write to the Labour officer to intimate if any complaint is pending against the contractor in respect of the work. If no complaint is pending, on record till after 3 months after completion of the work and/or no combination is received from the Labour Officer to this effect till six months after the date of completion it will be deemed to have received the clearance certificate and the Security Deposit will be released if otherwise due.



SECTION – V

MODEL RULES FOR PROTECTION OF HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS AND CONTRACTOR’S LABOUR

REGULATIONS AND PERFORMA OF REGISTER

SAFETY CODE

1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground, or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well suitable footholds and hand-hold shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1 (1/4 horizontal and 1 vertical).

2. Scaffolding of staging more than 3.6 m (12 ft.) above the ground or floor, swung or sus-pended form an overhead support or erected with stationary support shall have a guard rail properly attached or bolted , braced and otherwise secure at least 90 cm. (3ft). high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends there of with only such opening as may be necessary for the delivery of materials . Such scaffolding or staging shall be so fastened as to prevent it from swaying form the building or structure.

3. Working platforms, gangways and stairways should be so constructed that they should not sag unduly or unequally, and if the height of the platform or the gangway or the stairway is more than 3.6m (12ft.) above ground level or floor level, they should be closely boarded, should have adequate width and should be suitably fastened as described in (2) above.

4. Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent the fall of person or materials by providing suitable fencing or railing whose minimum height shall be 90 cm (3ft).

5. Safe means of access shall be provided to all working platform and other working places. Every ladder shall be security fixed .No portable single ladder shall be over 9m. (30ft in length while the width between side rails in rung ladder shall in no case be less than 29 cm. (11-1/2“) for ladder up to and including 3m. (10ft.) in length. For longer ladders this width should b increased at least ¼” for each additional 30 cm. (1foot) of length. Uniform step spacing of not more than 30 cm shall be kept. Adequate precautions shall be taken to pre-vent danger from electrical equipment. No materials on any of the sites or work shall be so stacked or placed as to cause danger or inconvenience to any person or the public. The con-tractor shall provide all necessary fencing and lights to protect the public form accident and shall be bound to bear the expenses of defense of every suit, action or other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above precautions and to any damages and cost which may be awarded in any such suit, action or



proceeding to any such person or which may, with the consent of the contractor , be paid to compensate any claim by any such person.

6. Excavation and Trenching-All trenches 1.2 m. (4ft.) or more in depth shall at times be up plied with at least one ladder for each 30m. (100ft.) in length or fraction thereof Ladder shall extend form bottom of the trench to at least 90 cm. (3ft.) above the surface of the ground . The side of the trenches which are 1.5 m. (5ft.) or more in depth shall be stepped back to give suitable slope or security held by timber bracing, so as to avoid the danger of sides col-lapsing. The excavated materials shall not be placed within. 1.5m. (5ft.) of the edges of the trench or half of the depth of the trench whichever is more. Cutting shall be done form top to bottom. Under no circumstances undermining or undercutting shall be done.

7. Demolition – Before any demolition work is commenced and also during the progress of the work.i) All roads and open areas adjacent to the work site shall either be closed or suitably

protected.

ii) No electric cable or apparatus which is liable to a source of danger or a cable or appa-ratus used by the operator shall remain electrically charged.

iii) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or flooding. No floor, roof or other part of the building shall be so. Overload with debris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer-in –Charge should be kept available for the use of the person employed on the site and maintained in a condition suitable for immediate use, and the contractor should take adequate steps to ensure proper use of equipment by those concerned. The following safety equipment shall invariably be provided.

i) Workers employed in white washing an mixing asphalted materials, cement and line mortars shall be provided with protective footwear and protective goggles.

ii) Those engaged in white washing an mixing or stacking or cement bags or any mate-rial which is injurious to the eyes shall be provided with protective goggles.

iii) Those engaged in welding works shall be provided with welder’s protective eye-shields.

iv) Stonebreakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.

v) When workers are employed in sewers and manholes, which are in active use, the contractors shall ensure that the manhole covers are opened and ventilated at least for an hour before the workers are allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accident to the public. In addition, the contractor shall ensure that the following safety measure are adhered to: -



a) Entry for workers into the line shall not be allowed except under supervision JE or any other officer.

b) At least 5 to 6 manholes upstream an downstream should be kept open for at least 2 to 3 hours before any man is allowed to enter into the manhole for work-ing inside.

c) Before entry inserting wet lead acetate paper, which changes colour in the pres-ence of such gases and gives indication of their presence, should test presence of Toxic gases.

d) Presence of Oxygen should be verified by lowering a detector lamp into the man-hole. In case, no Oxygen in found inside the sewer line, workers should be sent only with Oxygen kit.

e) Safety belt with rope should be provided to the workers. While working inside the manholes such rope should be handled by two men standing outside to enable him to be pulled out during emergency.

f) There should be barricaded or cordoned of by suitable means to avoid mishaps of any kind. Proper warning signs should be displayed for the safety of the public whenever cleaning works are undertaken during night or day.

g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.

h) The malba obtained on account of cleaning of blocked manholes and sewer lines should b immediately removed to avoid accidents on account of slippery nature of the malba.

i) Works should not be allowed to works inside the manhole continuously. He should be given rest intermittently. The Engineering Charge may decide the time up to which a worker may be allowed to work continuously inside the manhole.

j) Gas masks with Oxygen Cylinder should be kept a site for use in emergency.

k) Air-blowers should be used for flow of fresh air through the e manholes. When-ever called for portable air blowers are recommended for ventilating the man-holes. The Motors for these shall be vapour proof and of totally enclosed type. Non-sparking metres away form the opening and on the leeward side protected from wind so that they will not be a source of friction on any inflammable gas that might be present.

l) The workers engaged for cleaning the manholes/sewers should b properly trained before allowing working in the manholes.

m) The workers shall be provided with Gumboots or non-sparkling shoes bump hel-mets and gloves, non-sparking tools, safely lights an gas masks and portable air



blowers (when necessary). They must be supplied with barrier cream for anoint-ing the limbs before working inside the sewer lines.

n) Workmen descending a manhole shall try each ladder stop or rung carefully be-fore putting his full weight on it on guard against insecure fastening due to corro-sion of the rung fixed to manhole well.

o) If a man has received a physical injury, he should brought out of the sewer im-mediately an adequate medical aid should be provided to him.

p) The extent to which these precautions are to be taken depend on individual situa-tion but the decision of the Engineer-in-Charge regarding the steps to be taken in this regard individual case will be final.

vi) The Contractor shall not employ man and women below the age of 18 years on the work of painting with products containing lead in any form. Wherever man above the age of 18 are employed on the work of lead painting. The following precaution should be taken.

a) No paint containing lead or lead products shall be used except in the form of paste or ready-made paint.

b) Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray or a surface having lead paint is dry rubbed and scraped.

c) Overalls shall be supplied by the contractors to the workmen an dad equate facilities shall be provided to enable the working painters to wash during and on the cessation of work.

9. An additional clause (viii) (I) of MCD Safety Code (iv) the Contractor shall not em-ploy women an men below the age of 18 on the work of painting with products con-taining lead in any form, wherever men above the age of 18 years are employed on the work of lead painting, the following principles must be observed for such use:-

i) White lead, sulphate of lead or product containing these pigment, shall not be used in painting operation except in the form of pastes or paint ready for use.

ii) Measures shall be taken, wherever required in order to prevent danger arising form the application of paint in the form of spray.

iii) Measure shall be taken, wherever practicable, to prevent danger arising out of from dust caused. By dry rubbing down and scraping.

iv) Adequate facilities shall be provided to enable during the whole of working painters to wash during and on cessation of work.

v) Overall shall be worn by working painters during the whole of working period.

vi) Suitable arrangement shall be made to prevent clothing put off during working hours being spoiled by painting materials.



vii) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be subsequently verified by medical man appointed by competent authority of MCD.

viii) MCD/MCD (DA) may require, when necessary medical examination of workers.

ix) Instructions with regard to special hygienic precautions to be taken in the painting trade shall be distributed to working painters.

10. When the work is done near any place where there is risk of drowning, all necessary steps taken for prompt rescue of any person in danger and adequate provision, should be made for prompt first aid treatment of all injuries likely to be obtained during the course of the work.

11. Use of hoisting machines and tackle including their attachments, anchorage and sup-ports shall conform to the following standards or conditions.

i) (a) These shall be of good mechanical construction, sound materials and Adequate strength and free from patent defects and shall be kept repaired and in good working order.

(b) Every rope used in hoisting or operator, shall be property qualified and no person under the age of 21 years should be in charge of any hoisting machine including any scaffolding winch or give signals to operate.

ii) Every crane driver or hoisting appliance operator, shall be property qualified and no person under the age of 21 years should be in charge of any hoisting machine including any scaffolding winch or give signals to operator.

iii) In case of every hoisting machine and of every chain ring hook. Shackle swivel and pulley block used in hoisting or as means of suspension the safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine having a variable safe working load and the condition under which it is applicable shall be clearly indicated. NO part of any machine or any feat referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.

iv) In case of departmental machine, the safe working load shall be notified by the Engineer-in-Charge. As regards contractors machine the contractors shall notify the safe working load of the machine to the Engineer-in-Charge wherever be brings any machinery to site to work and get it verified by the Electrical Engineer concerned.

12. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be provided with efficient safeguards. Hoisting appliances should be provided with such means as will reduce to the minimum the risk of accidental descent of the load. Adequate precautions should be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energized, insulating mats, wearing such as



Gloves, sleeves an boots as may necessary should be provided. The worker should not wear anyhow rings, watches and carry keys or other materials, which are good conductors of electricity.

13. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold. Ladder or equipment shall be altered or re-moved while it is in use. Adequate washing facilities should be provided at or near places of work.

14. These safety provisions should be brought to the notice of all concerned by display on a notice board at a prominent place at work spot. The person responsible for compliance of the safety code shall be named therein by the contractor.

15. To ensure effective enforcement of the rules and regulations relating to safety precautions the arrangements made by the contractor shall be open to inspection by the Labour Offi-cer or Engineer-in-Charge of the department or their representatives.

16. Notwithstanding the above clauses from (1) to (15) there is nothing in these to exempt the contractor from the operations of any other Act or Rule in force in the Republic of India.



MODEL RULES

1. APPLICATION

These rules shall apply to all buildings and construction works in charge of Central Public Works Department/MCD (DA)/MCD in which twenty or more workers are ordinarily employed or are proposed to be employed in any day during the period during which the contract work is in progress.

2. DEFINITION

Work place means a place where twenty or more workers are ordinarily employed in connection with construction work on any day during the period during which the contract work is in progress.

3 FIRST-AID FACILITIESi) At every work place there shall be provided and maintained, so as to be easily

accessible during working hours, first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily employed.

ii) The first-aid box shall be distinctly marked with a red cross on white back ground and shall contain the following equipment:-

a) For work places in which the number of contract labour employed does not ex-ceed 50:-

Each first-aid-box shall contain the following equipments:-

1) 5 small sterlised dressings

2) 2 medium size sterlised dressing.

3) 3 large sterilised dressings.

4) 3 large sterilized burn dressings.

5) 1 (30ml.) bottle containing a two per cent alcoholic added solution of io-dine.

6) 1 (30ml.) bottle containing salyoatile having the dose and mode of admin-istration indicated on the label.

7) 1 snakebite lancet.

8) 1 (30gms.) bottle of potassium permanganate crystals.

9) 1 pair scissors.

10) I copy of the first –aid leaflet issued by the Director General, Factory Ad-vice Service and labour Institutes, Government of India.

11) I bottle containing 100 tables (each of 5 gms.) of aspirin.

12) Ointment for burns.

13) A bottle of suitable surgical antiseptic solution.



b) For work places in which the number of contract labour exceed 50.

Each first-aid box shall contain the following equipments:-

i) 12 small sterlised dressings.

ii) 6 medium sterilised dressings.

iii) 6 large sterilised dressings.

iv) 6 large steilised burn dressings.

v) 1 (15 gms.) packets sterlines cotton wool

vi) 1 (60ml.) bottle containing two percent alcoholic solution iodine.

vii) 1 (60 m.l.) bottle containing salvolatile having the does and mode of ad-

ministration indicated on the lable.

viii) 1 roll of adhesive lancet

ix) 1 snakebite lancet.

x) 1 (30gm.) bottle of potassium permanganate crystals.

xi) 1 pair scissors.

xii) 1 copy of the first-aid leaflet issued by the Director General , Factory Ad-

vice Service and labour Institutes, Government of India.

xiii) 1 bottle containing 100 tables (each of 5 gms.) of aspirin.

xiv) Ointment for burns.

xv) A bottle of suitable surgical antiseptic solution.

iii) Adequate arrangements shall be made for immediate recoupment of the equipment when necessary.

iv) Nothing except the prescribed contents shall be kept in the First-aid box.

v) The first-aid box shall be kept in charge of a responsible person who shall always be readily available during the working hours of the work place.

vi) A person in charge of the first-aid box shall be a person in first-aid treatment, in the work places where the number of contract labour employed is 150 or more.

vii) In work places where the number of contract labour employed is 500 or more and hospi-tal facilities are not available within easy distance from the works. Fist-aid posts shall be



established and run by a trained compounder. The compounder shall be on duty and shall be available at all hours when the works are at work.

viii) Where work places are situated in places which are not towns or cities, a suitable motor transport shall be kept readily available to carry injured person suddenly taken ill to the nearest hospital.

4 DRINKING WATER

i. In every work place, there shall be provided and maintained at suitable places easily accessible to labour , a sufficient supply of cold water fit for drinking .

ii. Where drinking water is obtained from an Intermittent public water supply, each work place shall be provided with storage where such drinking water shall be stored.

iii. Every water supply or storage shall be at a distance of not less 50 feet from any latrine drain or other source of pollution, Where water to be drawn from an existing well which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn form it for drinking . All such wells shall be entirely closed in and be provided with a trap door which shall be dust and waterproof.

iv. A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and opened only for cleaning or inspection which shall be done least at once a month.

5. WASHING FACILITIES

i. In every work place adequate and suitable facilities for washing shall be provided and maintained for the use of contract labour employed therein.

ii. Separate and adequate cleaning facilities shall be provided for the use of male and female workers.

iii. Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.

6. LATRINES AND URINALS

i) Latrines shall be provided in every work place on the following scale namely:-

a) Where female are employed there shall be at least one latrine for every 25 fe-males.

b) Where males are employed, there shall be at least one latrine for every 25 males.

Provided that where the number of males of females exceeds 100, it shall be sufficient if there is one latrine for 25 males or females as the case may be into the first 100, an one for every 50 thereafter.

ii) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.



iii) Construction of latrines: The inside walls shall be constructed of masonry or some suitable heat-resisting nonabsorbent materials and shall be cement washed inside and outside at least once a year, Latrines shall not be of a standard lower than borehole system.

iv) a) Where workers of both sexes are employed, there shall be displayed outside each block of latrine and urinal, a notice in the language understood by the majority of the workers “For Men only” or For Women Onto” as the case may be.

b) The notice shall also bear the figure of a man or of a woman, as the case may be.

v) There shall be at least one urinal for male workers upto 50 and one for female workers upto fifty employed at a time. Provided that where the number of male or female workmen , as the case may be exceeds 500, it shall sufficient it there is one urinal for every 50 males or females upto the first 500 and one for every 100 or part thereafter.

vi) a) The latrines and urinals shall be adequately lighted and shall be maintainedin clean an sanitary condition at all times.

b) Latrines and urinals other than those connected with a flush sewage sys-tem shall company with the requirements of the Public Health Authorities

vii) Water shall be provided by means of tap or otherwise so as to be conveniently ac-cessible in or near the latrines and urinals.

viii) Disposal of excreta:- Unless otherwise arranged for by the local sanitary author-ity, arrangements for proper disposal of excreta by incineration at the work place shall be made by means of a suitable incinerator. Alternately excreta may be dis-posed of by putting a layer of night soil at the bottom of a pucca tank prepared for the purpose for the purpose and covering it with a 15 cm layer of waste or refuse and then covering it with a layer of earth for a fortnight (when it will turn to ma-nure).

ix) The contractor shall at his own expense, carry out all instructions issued to him by the Engineer-in-Charge to effect proper disposal of night soil and other conservancy work in respect of the contractor’s workmen or employees on the site The contractor shall be responsible for payment of any charges which may be levied by Municipal or Cantonment Authority for execution of such on his behalf.

7. PROVISION OF SHELTER DURING REST

At every place there shall be provided , free of cost, four suitable sheds, two for meals and the other two for rest separately for the use of men and women labour, The height of each shelter shall not be less then 3 meters (10ft.) from the floor level to the roof. These shall be kept clean and the space provided shall be on the basis of 0.6 sqm (6sft) per head



Provided that the Engineer-in-charge may permit subject to his satisfaction, a portion of the building under construction or other alternative accommodation to be used for the purpose.

8. CRÈCHES

i) At every work place, at which 20 or more women worker are ordinarily employed, there shall be provided two rooms of reasonable dimensions for the use of their children under at he age of six years. One room shall be used as a play room for the children and the other as their bedroom. The rooms shall be constructed with specifications as per clause f19 H (ii) a,b, &c,

ii) The rooms shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the places clean.

iii) The contractor shall supply adequate number of toys and games in the play room and sufficient number of cots and beddings in the bed room.

iv) The contractor shall provide one ayaa to look after the children in the crèche when the number of women workers exceed 50. And two when the number of women workers exceed 50.

v) The use of the rooms earmarked as crèches shall be restricted to children, their at-tendants and mothers of the children.

9. CANTEENS

i) In every work place where the work regarding the employment of contact labour is likely to continue for six months and where in contract labour numbering one hundred or more are ordinarily employed, an adequate canteen shall be provided by the contractor for the use of such contract labour.

ii) The canteen shall be maintained by the contractor in an efficient manner.

iii) The canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and washing places separately for workers and utensils.

iv) The canteen shall be sufficiently lighted at all times when any person has access to it.

v) The floor shall be made of smooth and impervious materials and inside walls shall be lime-washed or colour washed at least once in each year.

Provided that the inside walls of the kitchen shall be smooth and impervious materials and inside walls shall be line-washed or colour washed at least once in each year.

vi) The premises of the canteen shall be maintained in a claims and sanitary condition



vii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance.

viii) Suitable arrangements shall be made for the collection and disposal of garbage.

ix) The dining hall shall accommodate at a time 30 per cent of the contract labour working at a time.

x) The floor area of the dining hall, excluding the area occupied by the service counterand any furniture except tables and chairs shall not be less than one square meter (10 sft) per diner to be accommodated as prescribed in sub-Rule

xi) a) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number.

b) Washing places for women shall be separate and screened to secure privacy.

xii) Sufficient tables stools, chairs or benches shall be available for the number of diners to be accommodated as prescribed in sub-Rule 9.

xiii) a) 1. There shall be provided and maintained sufficient utensils crockery, furniture and any other equipments necessary of the canteen.

2. The furniture utensils and other equipment shall be maintained in a clean and hygienic condition.

b) 1. Suitable clean clothes for the employees serving in the canteen shall be provided and maintained.

2. A service counter, if provided, shall have top of smooth and impervious material.

3. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipments.

xiv) The food stuff and other items to be saved to be served in the canteen shall be in conformity with the normal habits of the contract labour.

xv) The charges for food stuffs, beverages and any other items served in the canteen shall be based on “No Profit, No Loss” and shall be conspicuously displayed in the canteen.

xvi) In arriving at the price of foodstuffs, and other articles served in the canteen, the following items shall not be taken into consideration as expenditure namely.

1. The rent of land and building.

2. The depreciation and maintenance charges for the building and equipments pro-vided for the canteen.

3. The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils.



4. The water charges and other charges incurred for lighting and ventilation.

5. The interest and amounts spent on the provision and maintenance of equipments provided for the canteen.

6. The accounts pertaining to the canteen shall be audited once every 12 months by registered accountants and auditors.

10. ANTI-MALARIAL PRECAUTIONS

The contractor shall at his own expense, conform to all anti-material instructions given to him by the Engineer-in-Charge including the filling up of any borrow pits which may have been dug by him.

11. The above rules shall be incorporated in the contracts and in notices inviting tenders and shall form an integral part of the contracts.

12. AMENDMENTS

Government may, from time to time, add to or amend these rules and issue directions – it may consider necessary for the purpose of removing any difficulty which may arise in the administration thereof.

CONTRACTOR’S LABOUR REGULATIONS

1. SHORT TITLE

These regulations may be called the Contractors Labour Regulations,

2. DEFINITIONS

i. Workman means any person employed by MCD or its contractor directly or indirectly through a subcontractor with or without the knowledge of the MCD to do any skilled, semiskilled or unskilled manual, supervisory, technical or clerical work for hire or re-ward, whether the terms of employment are expressed or implied but does not include any person:-

a) Who is employed mainly in a managerial or administrative capacity : or

b) Who , being employed in a supervisory capacity draws wages exceeding five hundred rupees per men or exercises either by the nature of the duties attached to the office or by reason of powers vested in him, functions mainly of managerial nature : or



c) Who is an out worker, that is to say, person to whom any article or materials are given out by or on behalf of the principal employers to be made up cleaned, washed, altered, ornamental finished, repaired adopted or otherwise processed for sale for the purpose of the trade or business of the principle imployers and the process is to be carried out either in the home of the out worker or in some other premises, not being premises under the control and management of the principle employer.

No person below the age of 18 years shall be employed to act as a workman.

ii) Fair Wages means wages whether for time or piece work fixed and notified under the provisions of the Minimum wages Act form time to time.

iii) Contactors shall include every peon who undertake to produce a given result other than a mere supply of goods or article of manufacture through contract labour or who supplies contract labour for nay includes a subcontractor.

iv) Wages shall have the same meaning as defined in the payment of wages Act.

3. i) Normally working hours of an adult employee should not exceed 9 hours a day. The working day shall be so arranged that inclusive of interval for rest, if any, it shall not spread over more than 12 hours on any day.

ii) When an adult worker is made to work for more than 9 hours on any day or for more than 48 hours any week he shall be paid over time for the extra hours put in by him at double the ordinary rate of wages,

iii) a) Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the provisions of the Minimum Wages (Central) Rules, 1960 as amended form time to irrespective of whether such workers is gravened by the Minimum wages Act or not.

b) Where the Minimum wages prescribed by the Government under the Minimum Wages Act are not inclusive of the wages for the weekly day of rest, the workers shall be entitled to rest day wages at the rate applicable to the next preceding day, provided he has worked under the same contractor for a continuous period of not less than 6 days.

c) Where a contractor is permitted by the Engineer-in-Charge to allow a worker to work on a normal weekly holiday, he shall grant a substituted holiday to him for the whole day on one of the five days immediately before or after the normal weekly holiday and pay wages to such worker for the work performed on the normal weekly holiday at overtime rate.

4. DISPLAY OF NOTICE REGARDING WAGES ETC.



The contractor shall before he commences his work on contract , display and correctly maintain and continue to display and correctly maintain in a clear and legible condition in conspicuous places on the work, notices in English and in the local Indian Language spoken by the majority of the workers giving the minimum rates of wags fixed under minimum wages, Act, the actual wages being paid, the hours of work for which such wage and earned, wages periods, dates of payments of wages and other relevant information as per appendix III.

5. DISPLAY OF WAGES

i) The contractor shall fix wage periods in respect of which wages shall be payable.

ii) No wage period shall exceed one month.

iii) The wages of every person employed as contract labour in an establishment or a contactor where less than one thousand such persons are employed shall be paid before the expiry of seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable.

iv) Where the employment of any worker is terminated by or on behalf of the contractor the wages earned by him shall be paid before the expiry of the second working day form the date on which his employment is terminated.

v) All payment of wages of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day.

vi) Wages due to every worker shall be paid to him direct or to other person authorized by him on his behalf.

vii) All wages shall be paid in current coin or currency or in both.

viii) Wages shall be paid without any deductions of any kind except those specified by the Central Government by general or special order in this behalf or permissible under the payment of wages Act 1956.

ix) A notice showing the wages period and the place and time of disbursement of wages shall be displayed at eh place of work and a copy sent by the contractor to the Engineer-in-Charge under acknowledgment.

x) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the Junior Engineer or any other authorized representatives of the Engineer-in Charge who will be required to be present a the place and time of disbursement of wages by the contractor to workmen.



xi) The contract shall obtain form the Junior Engineer or any other authorized repre-sentative of the Engineer-in-Charge as the case may be, a certificate under his sig-nature at the end of the entries in the “Register of Wages” or the “Wage-cum-Master Roll” as the case may be in the following form:-

6 FINALS AND DEDUCTIONS, WHICH MAY BE MADE FROM WAGES:

i) The wages of a worker shall be paid to him without any deduction of any kind ex-cept the following:-

a) Fines

b) Deductions for absence form duty i.e. form the place or the places where by the terms of his employment he is required to work. The amount of deduction shall be in proportion to the period for which he was absent.

c) Deduction for damage to or loss of goods expressly entrusted to eh employed person for custody, or for loss of money or any other deduction which he is re-quired to account, where such damage or loss is directly attributable to his ne-glect or default.

d) Deduction for recovery of advances or for adjustment of overpayment of wages, advances granted shall be entered in a register.

e) Any other deduction that the Central Government may from tme to time al-lows.

ii) No fines should b imposed on any worker save in respect of such acts and omissions on his part as have been approved of by the Chief labour Commissioner.

Note:- An approved list of Acts. And Omissions for which fines can be imposed is enclosed at Appendix-1

iii) No fine shall be imposed on a worker on a worker and no deduction for damage or loss shall be made form his wages until the worker has been given an opportunity of showing cause against such fines or deductions.

iv) The total amount of fine which may be imposed in anyone wage period on a worker shall not exceed an amount equal to three paise in a rupee of the total wages, payable to him in respect of that wage period.

v) No fine imposed on any worker shall be recovered from him by installment, or after the expiry of sixty day form the date on which it was imposed.

vi) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.



7. LABOUR RECORDS

i) The contractor shall maintain a Register of persons employed on work on contract in from XII of the CL (R&A) Central 1971 (Appendix IV).

ii. The contractor shall maintain a Muster Roll register in respect of all workmen employed by him on the work under Contract in Form XVI of the CL (R&L) Rules 1971 (Appendix V).

iii. The contractor shall maintain a Wage Register in respect of all workmen em-ployed by him on the work under contract in Form XVII of CL (R&A) Rule 1971 (Appendix VI).

iv. Register of accident- The contractor shall maintain a register of accidents in such form as may be convenient at the work place but the same shall include the fol-lowing particulars:A) Full particulars of the labourers who met with accident.

B) Rate of Wages.

C) Sex

D) Age

E) Nature of accident and cause of accident.

F) Time and date of accident.

G) Date and time when. Admitted in Hospital.

H) Date of discharge from the Hospital.

I) Period of treatment and result of treatment.

J) Percentage of loss of earning capacity and disability as assessed by Medi-

cal Officer.

K) Claim required to be paid under Workmen’s Compensation Act.

L) Date of payment of compensation.

M) Amount paid with details of the Person to whom the same was paid.

N) Authority by whom the compensation was assessed.

O) Remarks

v) The contractor shall maintain a Register of Fines in the form XII of the CL (R&L) rules 1971 (Appendix-XI).

The contractor shall display in good condition and in a conspicuous Authority by whom the compensation was assessed.

vi) The contractor shall maintain a Register of deductions for damage or loss in form XX of the CL (R&A) Rules1971 (Appendix-XII).



vii) The contractor shall maintain a register of advance-in-form xx in of the CL (R&A) RULES 1971 (Appendix-XIII).

viii) The contractor shall maintain a Register of Overtime in Form XXIII of the CL (R&A) Rules 1971 (Appendix-XIV).

8. ATTENDANCE CARD-CUM-WAGE SLIP

.i) The contractor shall issue ah Attendance card-cum-wage slip to each workman employed by him in the specimen form at (Appendix-VII).

ii) The card shall be valid for each wage period.

iii) The contractor shall mark the attendance of each workmen on the card twice each day, once at he commencement of day an again after the rest interval, before he actually starts work.

iv) The shall remain in possession of the workers during the wage period under reference.

v) The contractor shall complete the wage slip portion on the reverse of the card at least a day prior to the disbursement of wages in respect of the wage period under reference.

vi) The contractor shall obtain the signature or thumb impressions of the worker on the wage slip at the time of disburse wages and retain the card with himself.

9. EMPLOYMENT CARD

The contractor shall issue an Employment Card in Form XIV of the CL (R&A) Central Rules 1971 to each worker within three days of the employment of the worker (Appendix-VIII).

10. SERVICE CERTIFICATE

On termination of employment for any reason whatsoever the contractor shall issue to the workmen whose services have been terminated, a Service certificate in Form XV of the CL (R&A) central rules 1971 (Appendix-IX).

11. PRESERVATION OF LABOUR RECORDS

All records required to be maintained under Regulations. Nos. 6&7 shall be preserved in original for a period of three years form the date of last entries made in them and shall be made a available for inspection by the Engineer-in-Charge or Labour officer or any other officers authorized by the ministry of Urban Development in this behalf.

12. POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS OR ENQUIRY



The Labour officer or any person authorized by Central Government on their behalf shall have power to make enquiry with a view to ascertaining and enforcing due and proper observable of Fair Wage Clauses and the Provisions of there Regulations. He shall investigate into any complaint regarding the default made by the contractor or subcontractor in regard to such provision.

13. REPORT OF LABOUR OFFICER

The Labour Officer or other persons authorized as aforesaid shall submit a report of result of his investigation or enquiry to the Executive Engineer concerned indicating the extent, if any, to which the default has been committed with a note that necessary deductions from the contractors bill be made and the wastes and other dues be paid to the labourers concerned. In case an appeal is made by the contractor under Clause 13 of these regulations, actual payment to labourers will be made by the Executive Engineer after the Superintending Engineer has given his decision on such appeal.

a) The Executive Engineer shall arrange payment to the labour concerned within 45 days from the receipt of the report form the Labour Officer or the Superintending En-gineer as the case may be.

14. APPEAL AGAINST THE DECISION OF LABOUR OFFICER

Any person aggrieved by the decision and – recommendations of the Labour Officer or other person so authorized may appeal against such decision, forwarding simultaneously a copy of his appeal to the Executive Engineer concerned but subject to such appeal, the decision of the officer shall be final and binding upon the contractor.

15. PROHIBITION REGARDING REPRESENTATION THROUGH LAWYER

i) A workman shall be entitled to be represented in any investigation or enquiry under these regulations by:

a) An officer of a registered trade union of which he is a member.

b) An officer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated.

c) Where the employer is not a member of any registered trade union, by an offi-cer of a registered trade union, connected with the industry in which the worker in employed or by any other workman employed in the industry in which the worker is employed.

ii) An employer shall be entitled to be represented in any investigation or enquiry under these regulations by:-

a. An officer of an association of employers of which he is a member.

b. An officer of a federation of associations of employers to which association re-ferred to in clause (a) is affiliated.



c. Where the employers is not a member of any association of employers, by an offi-cer of association of employer connected with the industry in which the em-ployer is engaged or by any other employer, engaged in the industry in which the employer is engaged.

iii) No party shall be entitled to be represented by a legal practitioner in any investiga-tion enquiry under these regulations.

16. INSPECTION OF BOOKS AND SLIPS

The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time and place after due notice is received or to the Labour Officer or any other person, authorized by the Central Government on his behalf.

17. SUBMISSIONS OF RETURNS

The contractor shall submit periodical returns as may be specified from time to time.

18. AMENDMENTS

The Central Government may from time to time add to or amend the regulations and on any question as to the application/interpretation or effect of those regulations the decisions of the Superintending Engineer concerned shall be final.



Appendix – I

REGISTER OF MATERNITY BENEFITS (Clause 19F)

Name and address of the contractor.................................................................................

Name of location of the work...........................................................................................

Name of the employee

Father’s/ Husband’s Name

Nature of employment

Period of actual

employment

Date on which notice of

confinement given1 2 3 4 5

Date on which maternity leave commenced and ended

Dare of Delivery /

In case of delivery In case of miscarriage

miscarriage Commenced Ended Commenced Ended6 7 8 9 10

Leave pay paid to the employee

In case of delivery In case of MiscarriageRemarks

Rate of leave pay Amount paid Rate of leave pay Amount paid11 12 13 14 15



Appendix – II

SPECIMEN FORM OF THE REGISTER, REGARDING

MATERNITY BENEFITS ADMISSIBLE TO THE CONTRACTOR’S LABOUR

Name and address of the contract....................................................................................

Name and location of the work........................................................................................

1. Name of the women and her husband’s name.

2. Designation

3. Date appointment

4. Date with months and years in which she is employed

5. Date of discharge/dismissal, if any.

6. Date of production of certificates in respect of pregnancy

7. Date on which the women informs about the expected delivery

8. Date of delivery/miscarriage/death

9. Date of production of certificate in respect of delivery/miscarriage

10. Date with the amount of maternity/death benefit paid in advance of expected delivery.

11. Date with amount if subsequent payment of maternity benefit

12. Name of the person nominated by the women to receive the payment of the materiality benefit after her death.

13. If the woman dies, the date of her death, the name of the person to whom ma-ternity benefits amount was paid, the month thereof and the date of payment.

14. Signature of the contractor authentication entries in the register

15. Remarks column for the use of Inspecting Officer.



Appendix – III

LABOUR BOARD

Name of the Work…………………………………………………………………………………

Name of the Contractor……………………………………………………………………………

Address of the contractor…………………………………………………………………………..

Name and address of the MCD Division…………………………………………………………..

Name of the MCD Labour Officer…………………………………………………………………

Address of the MCD Labour Officer………………………………………………………………

Address of the MCD Labour Enforcement Officer……………………………………………...…

Address of the Labour Enforcement Officer

Sl. No. Category Minimum Wage fixed

Actual wage paid Number present Remarks

Weekly holiday…………………………………………………………………………………….

Wage period……………………………………………………………………………………..…

Date of payment of wages…………………………………………………………………………

Working hours……………………………………………………………………………………..

Rest interval………………………………………………………………………………………..





SECTION – 5

SPECIAL CONDITIONS

5.0 THIRD PARTY QUALITY CHECKING: Since this project comes in the category of Q-3 class of Quality assurance as per IRC: SP: 47-1998, the Third Party checking shall be mandatory and the agencies and laboratories has been fixed by the department and shall be binding on the contractor for Third Party checking and payment of checking and testing shall be paid by the department and cost of material and cartage of material to the

lab shall be born by the contractor.

The names of Third Party Agencies are:

1 CRRI ( Central Road Research Institute), Mathura Road, Delhi2 I I T Delhi, (Indian Institute of Technology, Delhi) 3 NCCBM ( National Council for Cement & Building Materials)4 EIL (Engineers India Limited).5 RITES .

And name of Laboratories other than the laboratories of above third party agencies are:

1 Sri Ram Institute for Industrial Research2 R. T. C. Okhla3 National Test House, Ghaziabad

In addition to third party checking all the mandatory testing shall also be carried out at the site lab and by the MCD laboratory

If during the testing of material, the sample material gets failed; the cost of testing charges and consequent re-testing required if any shall be borne by the contractor.

5.1 In case of discrepancy between the nomenclature of items, specifications, and/or drawings, the following order of precedence shall be followed. The relevant codes/specifications and other standards shall include corrections/amendments issued up to the last day of issue of tender.

Order of Precedence: In the case of discrepancy between the schedule of quantities the specifications and/or drawings etc. the following order of preference shall be observed.

i) Nomenclature of items including the scope of work as given in Schedule of Quantities, in conformity with the Particular specifications, special conditions and other provisions of this tender.

ii) All relevant IRC Codes and Approved Drawings.



iii) MORT&H specifications for Road & Bridge works.

iv) All relevant IS Codes.

v) CPWD specifications.

vi) International standards and accepted international practices as approved by Engineer-in-Charge.

vii) Sound Engineering Practice as per directions of the Engineer-in-Charge and manufactures specifications.

Note: Clause 8.1 of the Conditions of the Contract of General Conditions of Contract stands modified as above.

If there are varying or conflicting provisions made in any document forming part of the contract, the Engineer-in-Charge shall be the deciding authority with regard to the intention/interpretation of the tender and his decision shall be binding without any reservations.

5.2 The contractor is not to vary or deviate from the approved drawings, specifications, stipulation, and conditions of tender document or instructions or execute any work of any kind what so ever unless so authorized by the Engineer-in-Charge in writing. If compliance with the Engineer-in-Charge's aforesaid order involves extra work, and/or expense beyond that involved in the execution of the contract work, then unless the same were issued in consequence of some breach of this contract on the part of the contractor(s), the latter shall be entitled to be paid the price of the said work to be valued as provided in this tender document.

5.3 Setting Out

All setting out activities concerning establishment of bench marks, total survey stations, centre line pillars for roads, main flyover etc. including all materials, tools, plants, equipments, theodolite and all other instruments, labour etc. required for performing all the functions necessary and ancillary thereto at the commencement of the work, during the progress of the work and till the completion of the work shall be carried out by the contractor. After completion of survey work, the contractor shall submit the survey plan including details such as existing levels, existing buildings, centerline and width of all carriageways and any other details as asked for. The survey plan shall be got approved from Engineer-in-Charge before start of work.

The contractor shall carry out true and proper setting out of the work under the supervision of authorized representatives of the Engineer-in-Charge and shall be responsible for the correctness of the positions, levels, dimensions and alignments of all parts of the Road. If at any time, during the progress of the work, any error appears or arises in the position, level, dimensions or alignment or alignment of any part of the work, the contractor on being asked to do so by the Engineer-in-charge, shall rectify such



error to the entire satisfaction of the Engineer-in-Charge. The supervision and/or checking by the Engineer-in-Charge or his authorized representatives shall not relieve the contractor of his responsibility for the correctness of any setting out of any line or Level. The contractor shall carefully protect and preserve all benchmarks, pegs and pillars provided for the setting out of works. All materials and workmanship shall conform to the relevant specifications mentioned in the tender documents.

5.4 The contractor shall provide & erect barricading abutting the panels with each other (Without leaving any gap in between) as per approved drawing without hindering the traffic as per direction of Engineer-in-Charge. All management (including watch and ward) of barricades shall be the full responsibility of the contractor. The barricades shall be removed only after completion of the work or part of the work as per direction of Engineer-in-Charge. The temporary warning lamps shall be installed at all barricades during the hours of darkness and kept lit at all times during these hours.

5.5 The contractor or his Project Manager should always be available at the site of work to take instructions from departmental officers and ensure proper execution of work. No work should be done in the absence of authorized representative.

5.6 The structural and other drawings for the work shall, at all times, be properly correlated before executing any work and no claim whatsoever shall be entertained in this respect.

5.7 No payment shall be made to the contractor for damage caused by rain, flood and other natural calamities whatsoever during the execution of works and any damage to the work on this account shall have to be made good by the contractor at his own cost.

5.8 It will be sole responsibility of the contractor to pay full royalty at the prevalent rates and all other incidental expenditure shall have to be paid by the contractor on all the boulders, metal, shingle, earth, sand, bajri etc, collected by him for the execution of the work direct to the concerned Revenue Authority of the State or Central Government. His rates are deemed to include all such expenditure and nothing extra shall be paid.

5.9 The several documents forming the contract are to be taken as mutually explanatory of one another, detailed drawings being followed in preference to small scale drawings and figured dimensions in preference to the measured ones. Special conditions shall be followed in preference to General Conditions/clauses of the contract. Particular specification shall be followed in preference to General specifications applicable to the contract.

5.10 The right to carry out the work either in conformity with or in a manner entirely different from the terms of this tender document that may be considered the most suitable before or subsequent to the receipt of tenders due to exigencies of work is reserved with the Engineer-in-Charge.



5.11 The contractor shall be responsible for making a detailed schedule for all the activities related to the project and get it approved within 40 days after issue of letter of acceptance and strictly adhere to the same for the timely completion of the project work.

5.12 On the basis of project scheduling (Microsoft Project Management Software/CPM), the contractor shall also indicate month- wise requirements of materials and other resources to be procured by him under the terms and conditions of the contract. The contractor shall suitably update, the above mentioned detailed programme month wise, keeping in view the actual progress of work vis-a-vis the original scheduling, if necessary. However, the total time specified is not to be exceeded. The job mix formula shall be got approved within one month from the date of start.

5.13 The approval of the above programme by the Engineer-in-Charge shall not absolve or relieve the contractor of any of his responsibilities to complete the whole of the works by the prescribed time or extended time, if any.

5.14 Progress of WorkContractor shall give 2 copies of progress report or the work done during the previous month on the 7th Day of the next month. Such progress report will include:i) Actual quantum of work done during the previous month with respect to the

targets of the previous month.ii) Shortfall if any of the previous month and proposal to make up the shortfall.iii) Target of each item of work proposed to be executed during the month.iv) Important material consumed during the previous month and requirement of the

next month.v) Materials at site at the beginning of previous month, procured and consumed

during the month and balance at site at the end of the month.vi) Manpower and T&P deployed during the previous month requirement of the

coming monthvii) Updated Completion Programme in the form of Microsoft Project Management

Software output or CPM output as decided by Engineer in Charge. The contractor shall give detailed programme for all construction activities.

5.15 Drawings to be kept at Site

Two complete sets of the drawings as approved by the department shall be kept by the contractor at the site and same shall at all reasonable time be available for inspection and use by the Engineer-in-Charge and the representative of the Engineer-in-Charge and any other person authorized by the Engineer-in-Charge in writing.

5.16 Night Work

For completing the work in time, the contractor might be required to work in two or more shifts (including night work) and no claim whatsoever shall be entertained on this



account, notwithstanding the fact that the contractor will have to pay to the labourers and other staff engaged directly or indirectly on the work according to the provisions of the labour regulations and the agreement entered upon and/or extra amounts for any other reason. None of the permanent works shall be carried out during night or on authorized public holidays without the permission in writing of the Engineer-in-Charge except when the work is unavoidable or require continuity of operation beyond normal working hours in which case the contractor shall intimate the Engineer-in-charge reasonably in advance for arranging supervision. Nothing extra will be paid on this account.

5.17 Existing Services

Existing drains, pipes, electricity cables, overhead wires and telephone cables, sewer lines, water lines and similar services encountered in the course of the execution of the work shall be protected/maintained against the damage by the contractor. The contractor shall not store materials or otherwise occupy any part of the site in a manner likely to hinder the operation of such services. In case temporary shifting/supporting of such services is required to facilitate the work, the same shall be done by the contractor at no extra cost. The decision of the Engineer-in-Charge in this regard shall be final and binding.

All works pertaining to services including rerouting/diversion of services, routine testing, installation etc., completed in one or more than one process shall be subject to examination and approval to each stage thereof by the Engineer-in-charge or concerned department as would be notified by the Engineer-in-charge or his authorized representative when such stage is ready. In default of such notice the Engineer-in-charge shall be entitled to appraise the quantity and extent thereof and the decision of Engineer-in-Charge or his authorized representative in this regard shall be final and binding.

For utilities, which are required to be removed or, permanently shifted to new position, in the opinion of the Engineer-in-charge, shall be removed/shifted by the contractor in consultation with the service provider agency. Payment for this shall be made as per terms and conditions of the contract. No claim for delay or otherwise due to above reasons shall be entertained on this account.

5.18 No work shall be covered or put out of view without the approval of the Engineer-in-Charge or his authorized representative and the contractor shall afford full opportunity for examination of such services before these are permanently installed or extended thereof as per site requirement.

5.19 The detailed programme of construction shall have specific reference to the quantum of shuttering/staging etc. to be deployed by him. In furnishing such details, the tenderer shall specify the type and quantum of such items available with him and type and quantum of such items to be purchased by him for the above mentioned work separately.

5.20 The contractor is to submit detailed programme of work, with regard to all activities of the erection of staging, shuttering and form work, concreting (as the case may be), release



of shuttering, methodology for pre-cast construction of superstructure and drain work etc. thereby to arrive at time required to complete the work in stipulated time and the total shuttering/staging to be deployed by the contractor on the job to satisfy the department of his arranging required shuttering/staging material to complete all items or the work (i.e. pile caps, piers, pier caps, superstructure, widening of roads, traffic management, utilities and services, safety kerbs, subway, and other such items) in a stipulated period of time.

5.21 The contractor shall make his own arrangements for obtaining electric & water connection(s) if required and make necessary payment directly to department concerned. The department will however make all reasonable recommendations to the authority concerned in this regard.

5.22 The contractor shall maintain in good condition all work till the completion of entire work allotted to him. The contractor is to be held responsible for and to make good all injuries, damages and repairs, rendered necessary by fire, rain, traffic, floods or other causes. Engineer-in-Charge shall not be held responsible for any claims for injuries to persons/workmen or for structural damage to property happening from any neglect, default, want of proper care or misconduct on the part of the contractor or of any one of his authorized representatives in his employment during the execution of the work. The compensation, if any, shall be paid directly to the department/authority/persons concerned, by the contractor at his own cost.

5.23 The contractor shall finalize the diversion plan of traffic for different stages of construction in consultation with the Engineer-in-Charge and submit the same to Delhi Traffic Police. The contractor shall be responsible for obtaining the approval from Traffic Police for diversion of traffic. Any modification as suggested by the Traffic Police shall be carried out by the contractor without any extra cost to the department.

5.24 All arrangements for traffic diversion during construction including maintenance thereof shall be considered as incidental to the work and contractor's responsibility and nothing extra shall be payable to him in this respect except for construction of diversion roads (only), as stipulated in the scope of work.

5.25 Safety, Health and Environment

Over and above the provisions made in CPWD Safety Code (part of General Conditions of contract for CPWD works 2005) the following will also be applicable :

In respect of all workmen directly or indirectly employed in the work for the performance of the contractor's part of this agreement, the contractor shall at his expense arrange for the safety provisions as per Indian Standard Safety codes for all facilities in connection there with as below. In case the contractor fails to make arrangement and provide necessary facilities, he shall be liable to pay compensations prescribed in this tender document for each default and in addition the Engineer-in-charge shall be at liberty to



make arrangement and provide facilities as aforesaid and recover the cost incurred on that behalf from the contractor, and no claims what so ever shall be entertained.

Details regarding some special provisions to be followed by contractor are as follows:

a) Usage of quality Personal Protection Equipments (PPEs) through approved vendors. PPEs would include amongst others the following items:Safety Helmets.Hearing Protection.Respiratory Protection.Eye Protection.Protective Gloves.Safety Footwear.High Visibility Clothing (Jacket) with approved Logo

All the items should get approved before issued to the use in the work should have MCD Logo as per the size approved.

The contractor shall provide all the PPE (Personnel Protective Equipment) and safety appliances required to carry out the job to all the workmen deployed by the contractor and also ensure that his workmen use those PPE and safety appliances while on the job. The contractor shall not pay any cash amount in lieu of PPE to the workers/subcontractors and expect them to buy and use during work. If the contractor fails to ensure provision of safety appliances and its workmen do not use the PPE and safety appliances as needed for safe working, the owner may ask the contractor to stop the work and comply with safety requirements first. The contractor shall at all time maintain a minimum of 10% spare PPEs and safety appliances and properly record and show to the Employer during the inspections. Failing to do so shall invite appropriate compensations as per the provisions.

It is always the duty of the contractor to provide required PPEs for all visitors. Towards this requirement quantity of PPEs shall be kept always at the security post.

Colour coding for helmets

Safety Helmet Colour Code (Every Helmet should have the LOGO* affixed/painted)

Person to use

White MCD staffs, All Designers, Architect, Consultants, etc.

Violet Main Contractors (Engineers / Supervisors)Blue All Sub-contractors (Engineers Supervisors)Red Electricians (Both Contractor and Sub-

contractor)Orange Security Guards / Traffic marshalsYellow All workmen



White (with “VISITOR” sticker) Visitors

Note: LOGO*Logo shall have its outer dimension 2"X2" and shall be conspicuousLogo shall be either painted or affixedNo words shall come either on Top / Bottom or Logo

b) Working At Height

Contractor shall ensure that work at height is properly planned for any emergencies and rescue appropriately supervised, and carried out in a manner, which is reasonably practicable safe. Contractor shall ensure that work at height is carried out only when the weather conditions do not jeopardise the health or safety of persons involved in the work. Guardrail, Toe-board, Barrier or similar collective means of protection shall be of sufficient dimensions, of sufficient strength and rigidity for the purposes for which they are being used, and otherwise suitable.

Working Platform shall be of sufficient dimensions to permit the safe passage of persons and the safe use of any plant or materials required to be used and to provide a safe working area-having regard to the work being carried out there. Possess a suitable surface and, in particular, be so constructed that the surface of the working platform has no gap through which a person, material or object could fall and injure a person. A working platform and any supporting structure shall not be loaded so as to give rise to a risk of collapse or to any deformation, which could affect its safe use. Strength and stability calculations for scaffolding shall be carried out by the contractor. The dimensions, form and layout of scaffolding decks shall be appropriate to the nature of the work to be performed and suitable for the loads to be carried and permit work and passage in safety.

A personal fall protection system designed for use with an anchor shall be securely attached to at least one anchor, and each anchor and the means of attachment thereto shall be suitable and of sufficient strength and stability for the purpose of supporting any foreseeable loading. Suitable and sufficient steps shall be taken to prevent any person falling or slipping from a personal fall protection system. Any other steps in the opinion of engineer-in-charge suggested will also be taken in Protection system

Only metal ladders shall be allowed. Any surface upon which a ladder rests shall be stable, firm, of sufficient strength and of suitable composition safely to support the ladder so that its rungs or steps remain horizontal, and any loading intended to be placed on it. A ladder shall be so positioned as to ensure its stability during use. A suspended ladder shall be attached in a secure manner and so that, with the exception of a flexible ladder, it cannot be displaced and swinging is prevented. No interlocking or extension ladder shall be used unless its sections are prevented from moving relative to each other while in use.



c) Lifting appliances and gears.

The contractor shall maintain a register for record of examinations and test details of all lifting appliances. This register should also contain a system of identification of all tools and tackles, its date of purchase, safe working load etc. Contractors can utilize the services of any competent person as defined in Factories Act, 1948 and approved by Chief Inspector of Factories with the permission of the Employer.

Automatic safe load indicators

Every lifting appliances and gears like cranes, hydras etc, if so constructed that the safe working load may be varied by raising or lowering of the jib or otherwise shall be attached with an automatic indicator of safe working loads approved by Bureau of Indian standards / International certifying bodies which gives a warning lo the operator and arrests further movements of the lifting parts.

Qualification of operator of lifting appliances and of signaller etc

The contractor shall not employ any person to drive or operate a lifting machine like crane, hydra etc whether driven by mechanical power or otherwise or to give signals to work as a operator of a rigger or derricks unless he is above twenty-one years of age and possesses a valid heavy transport vehicle driving license as per Motor Vehicle Act and Rules, is absolutely competent and reliable, possesses the knowledge of the inherent risks involved in the operation of lifting appliances by undergoing a formal training at any institution of national importance, is medically examined periodically.

d) Site Electrics

Electrician / Other Electrical Personnel

The contractor shall engage qualified and competent electricians and other electrical personnel while working for safe execution of contract. The electricians and other electrical personnel must possess requisite certificate issued from competent authority. Using exposed naked loose joints, inserting of bare wire into socket, improper grounding for appliances, exposed circuits on work place etc. shall not be permitted.

Rating of fuses and circuit brakers used for protection of circuit should be coordinated. Flexible cords with the conductor cross sectional area smaller than 1.5mm2 should not be used. Socket outlets, plugs and cable coupler should be of the water splash proof type, so minimum IP44 panel boards are required in construction sites. Overhead cabling should provide for a minimum ground clearance of at least 5.2 metres.



The contractor shall employ qualified, full time Electricians / Electrical Supervisors to maintain his temporary electrical installation. Use approved perimeter markings to isolate restricted areas from designated work areas and entryways. Erect them before work begins and maintain them for the duration of work. Approved perimeter marking must be Install red barrier tape printed with the words "DANGER-HIGH VOLTAGE" approximately 1 to 1.5 meter above the floor or work surface or Install a barrier of yellow or orange synthetic rope 1 to 1.5 meter from the floor with standard danger signs. Any steps suggested by Engineer-in-charge should be complied with by the contractor.

e) Welding and Cutting

Gas cylinders in use should be kept upright on a custom-built stand or trolley fitted with a bracket to accommodate the hoses and equipment or otherwise secured. The metal cap should be kept in place to protect the valve when the cylinder is not connected for use. Non-return value and Flashback arrester shall be fixed at both end of cylinder and torch Domestic LPG cylinders shall not be used for Gas welding and Cutting purpose. DCP or CO2 type Fire Extinguisher not less than 5 kg shall be fixed at or near to welding process zone in an easily accessible location. Fire Extinguisher should confirm to IS 2190: 1992. Welding grounds and returns should be securely attached to the work by cable lugs, by clamps in the case of stranded conductors, or by bolts for strip conductors. The ground cable will not be attached to equipment or existing installations or apparatus.

f) Fire prevention, protection and fighting system

The contractor shall provide, maintain and arrange for periodical checking or adequate numbers of fire extinguishers of appropriate type and other facilities (e.g. sand buckets, asbestos covering etc.) in fire prone areas. The contractor shall ensure at a construction site is provided with fire extinguishing equipment sufficient to extinguish any probable fire at construction site. An adequate water supply is provided at ample pressure as per national standard. All fire fighting equipment is properly maintained and inspected at regular intervals of not less than once in a year by a competent person and record or such inspection and testing is maintained. Fire Extinguisher should confirm to IS 2190:1992.

g) Excavation

The contractor shall take all necessary measures during excavation to prevent the hazards of falling or sliding material or article from any bank or side of such excavation which is more than one and a half meter above his footing by providing adequate piling, shoring, bracing etc. against such bank or sides. An excavation reaching a depth or 1.2 meters (4 feet) or soil banks are greater than 1.5 meters (5 feet), suitable shoring shall be installed or the sides sloped back to a safe angle of repose. Adequate and suitable warning signs shall be put up at



conspicuous places at the excavation work to prevent any persons or vehicles falling into the excavation trench. No worker should be allowed to work where he may be stuck or endangered by excavation machinery or collapse of excavations or trenches.

h) Traffic Management

The basic objective is to lay down procedures to be adopted by contractor to ensure the safe and efficient movement of traffic and also to ensure the safety of workmen at construction sites. All construction workers should be provided with high visibility jackets with reflective tapes. The guiding principles for safety in road construction zone are toi) Warn the road user clearly and sufficiently in advance.ii) Provide safe and clearly marked lanes for guiding road users.iii) Provide safe and clearly marked buffer and work zonesiv) Provide adequate measures that control driver behavior through

construction zones.

The channelising devices such as cones, traffic cylinders, yaps, drums are placed in or adjacent to the roadway to control the flow of traffic. All barricades should be erected as per the requirements of the employer, numbered, painted and maintained in good condition and also Barricade in-charge maintains a barricade register in site. Minimum one red light or red light blinker should be placed at the top of each barricade. The contractor shall ensure that all his construction vehicles plying on public roads (Like dump trucks, trailers, etc,) have proper license to ply on public roads from the State Transport Authority. Drivers holding proper valid license as per the requirements of Motor Vehicles Act shall drive these vehicles. The contractor shall not undertake loading and unloading at carriageways obstructing the free flow of vehicular traffic and encroachment of existing roads by the contractor applying the excuse of execution shall also not be permitted.

j) Waste

The contractor is required to develop Waste Management Programme (WMP) during the construction of the project for his works, which may include: -

Identification of disposal sites, Identification of quantities to be excavated and disposed off, Identification of split between waste and inert material, Identification of amounts intended to be stored temporarily on site location of such storage, Identification of intended transport means and route, Obtaining permission, where required, for disposal.

Such a mechanism is intended to ensure that the designation of areas for the segregation and temporary storage of reusable and recyclable materials are incorporate into the WMP. The WMP should be prepared and submitted lo the Engineer for approval.



The Contractor shall remove waste in a timely manner and disposed off at landfill sites after obtaining approval of Conservancy and Sanitation Engineering Department of Municipal Corporation of Delhi for its disposal. Burning of wastes is prohibited. The Contractor shall not bum debris or vegetation or construction waste on the site. The Contractor shall make arrangement to dispose of metal scrap and other saleable waste to authorized dealer and make available to the Employer on request, records of such sales.

k) Housekeeping

Contractor shall ensure that a high degree of house keeping is maintained and shall ensure intra alia the following;

All surplus earth and debris are removed/disposed off from the working areas to identified locations(s). Unused/surplus cables, steel items and steel scrap lying scattered at different places within the working areas are removed to identified locations. All wooden scrap, empty wooden cable drums and other combustible packing materials, shall be removed from work place to identified location. Roads shall be kept clear and materials like pipes, steel, sand boulders, concrete, chips and brick etc. shall not be allowed on the roads to obstruct free movement of men & machineries.

Fabricated steel structural, pipes & piping materials shall be stacked properly for erection. Water logging on roads and construction site shall not be allowed. No parking of trucks/trolleys, cranes and trailers etc. shall be allowed on roads, which may obstruct the traffic movement. Utmost care shall be taken to ensure over all cleanliness and proper upkeep of the working areas. General House keeping shall be carried out by the contractor and ensured at all times at Work Site, Construction Depot, Batching Plant, Labour Camp, Stores and Offices. The contractor shall ensure a clean, hygienic and safe work place at all times by requiring workers to clean their work place after completion of their job.

Proper and safe stacking of material is of paramount importance at yards, stores and such locations where material would be unloaded for future use. The storage area shall be well laid out with easy access and material stored stacked in an orderly and safe manner. Full height fence, barriers, barricades etc. shall be erected around the site in order to prevent the surrounding area from excavated soil, rubbish etc., which may cause inconvenience to and endanger the public. The barricades, specially those exposed to public shall be aesthetically maintained by regular cleaning and painting as directed by the Employer. These shall be maintained in one line and level. The Contractor shall ensure that all his sub-contractors maintain the site reasonably clean through provisions related to house keeping. The Contractor shall make available toilet facilities for male and female workers if any, at site, so that the site surroundings are not sullied. The contractor



shall hygienically maintain such facilities at all times. In case of non-compliance of any of above, the Employer shall get it removed all unwanted materials at the risk and cost of the contractor.

5.26 Engineer-in-Charge shall have full powers to send workmen and employee on the premises to execute fittings and other work not included in the contract. For whole operations the contractor is to afford every reasonable facility during ordinary working hours provided that such operations shall be carried on in such a manner as not to impede the progress of work included in this contract.

5.27 The contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors, piece workers or by the Engineer-in-Charge and shall as far as possible arrange his work and shall place and dispose the operations of the other contractor's, piece workers, or of the Engineer-in-Charge. Contractor shall arrange his work with that of the others in an acceptable manner and shall perform it in proper sequence to the complete satisfaction of Engineer-in-Charge.

5.28 The contractor shall assume all liability, financial or otherwise in connection with his contract and shall protect his work and save Engineer-in-charge from any damages and claims that may arise till certified completion of work.

5.29 Compliance of Laws

The contractor shall keep himself fully informed of all acts and laws of the Central and state Government (i.e. National Capital Territory of Delhi) all local bye laws, ordinances, rules and regulations and all orders and decree of bodies or, tribunals having any jurisdiction or authority which in any manner affect those engaged or employed on the work or which in any way affect the conduct of the works. Contractor shall at all times, observe and comply with all such laws, ordinances, rules, regulations, orders and decrees, and shall give all notices and payout of his own money any fees or charges to which he may be liable. He shall protect and indemnify the Deptt. and its officers and employees against any claim or liability arising out of violations of any such law, ordinances, legislations, order or decree, whether by himself or by his employees & authorized representatives.

5.30 Prevention of Nuisance and Pollution

The contractor shall take all necessary precautions to prevent any nuisance or inconvenience to the owners, tenants or occupiers of adjacent properties and to the public in general and to prevent any damage to such properties, roads and any pollution of streams, environment and waterways. He shall make good at his own cost ant to the satisfaction of the Engineer-in-Charge, any damage to roads, paths, drainage, works or public or private property whatsoever caused by the execution of work or by traffic brought thereon by the contractor. All waste or superfluous materials shall be cleaned



away by the contractor without any reservations entirely to the satisfaction of the Engineer-in-charge at no extra cost.

5.31 No Waiving of Legal Rights and PowersThe Engineer-in-Charge shall not be precluded or stopped from taking any measurements, and framing of estimates or detaining any certificates made either before or after the completion and acceptance of the work and payment, from showing the true amount and character of the works performed and materials furnished by the contractor and from showing that any such measurements, estimates or certificates untrue or incorrectly made and that Engineer-in-charge shall not be precluded or stopped from recovering from the contractor such damages as it may be sustained by reasons of his failure to comply with the terms and conditions of the contract.

Neither the acceptance by the Engineer-in-Charge nor any payment for acceptance of the whole or any part of the work nor any extension of time nor any possession taken by the Engineer-in-Charge shall operate as a waiver of any portion of the contract or any power here in reserved or of any risk to damage. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach.

5.32 The contractor shall provide and bear all expense and charges for special or temporary service roads required by him in connections with access to the site (except for the purposes of diversion of traffic as directed by the Engineer-in-Charge), at no extra charges and his item rate or tendered cost shall deem to include the same. He shall alter, adopt or maintain the same as required from time to time or as directed by the Engineer-in-Charge. The Department (MCD) shall have right of way to this at all times and will not entitle the contractor to claim extra on this account.

5.33 The intending contractor is expected to have a workshop facility available at site for fabrication/additions and alterations to the shuttering, or other allied works. It may please be indicated as to whether the workshop facilities shall be provided in house or is proposed to be sub-contracted locally. In both the cases tenderer is to give the details and number of equipments to be installed in the workshop for above-mentioned work.

5.34 In case of Plant & Equipments the advance may be granted to the contractor on production of non-refundable bank guarantee in the standard form along with prescribed affidavit form.

Any of the items mentioned in SOQ/BOQ may or may not be operated. The engineer-in-Charge has the option to with draw the item if not needed.

5.35 The contractor shall take into account the element of wastage/wastages those are likely to be there in all elements of the work and quote his price, taking that into account. The contractor shall study the drawings enclosed with the tender documents, from the point of view of wastage/wastages, which are likely to take place. It is hereby clarified that minimum number of laps in reinforcement bars, duly staggered, shall be provided and no claim for any wastage shall be entertained.



5.36 The contractor shall be responsible for submission of 10 sets of completion plans/drawings (all drawings), incorporating, and all changes/modifications which might have taken place during the execution.

5.37 The contractor shall maintain temporary/permanent bench marks at the site of work after carrying out the initial lay out. These benchmarks shall be got checked by the Engineer-in-Charge or his authorized representative. The work at different stages shall be checked with reference to permanent bench marks maintained for said purpose. Nothing extra shall be paid for the above and cost of layout at all stages including construction/maintenance of said bench marks shall be deemed to be included in quoted rates.

5.38 The contractor shall ensure all safety/protection measures required for deep excavation in accordance with standards approved by Engineer-in-Charge to protect the adjacent buildings and to keep the high intensity road traffic in operation on all the roads in accordance with the requirements of traffic police and any other authority which has jurisdiction over the area. The mock-ups erected during construction shall be protected by the contractor. The mock ups will become part of landscaping works. In the case of any loss/damage of any kind, responsibilities of such loss/damage shall be that of the contractor.

5.39 The drawings attached with the tender documents are indicative. The execution drawings may undergo changes. The drawings enclosed with the tender documents explain the concept and the complexity involved in the project. It is made clear that changes made in the execution drawings due to technical reasons in the opinion of Engineer-in-Charge shall be incorporated in the work within the quoted rate and nothing extra shall be payable for such changes.

5.40 Plant and Equipment

The contractor shall have to make his own arrangements for all required Tools and Plants. All constructional tools, plant and machineries provided by the contractor shall, when brought on to the site, be deemed to be exclusively intended for the construction and completion of the works and the contractor shall not remove the same or any part thereof (save for the purpose of moving it from one part of the site to another), without the consent in writing of the Engineer-in-Charge which shall not be unreasonably withheld. In case any T & P becomes out of order, contractor will arrange its restoration, replacement or any other arrangement so that the progress of work is not affected. Provisions for standby T & P should also be made by contractor for all-important activities during execution.

5.41 Quality System for the Project



For the purpose of quality assurance, this project is to be treated as 'Extra High Assurance level/class, i.e. class Q-3 as per IRC:47. The tenderer whose tender is considered for award will submit a brief Quality Assurance Plan including typical method statements and formats of documents to clearly indicate the methodology he proposes to follow for achieving this level of extra high quality assurance level. The Contractor shall be required to establish a full-fledged site laboratory in good working condition and housing at least the equipment indicated in Annexure -D within 40 days from the date of start. The testing shall be done as per Annexure-C.

Immediately after the award of the work (within 45 days), the successful tenderer shall submit his detailed quality assurance plan/quality assurance manual with detail method statements/detailed Performa commensurating with the specifications of the work and get it approved by the department. The quoted rate of the tenderer should include all these aspects of extra high level quality assurance system.

5.42 Third Party Quality ControlIn order to achieve a high standard of quality, it may be required to go for Third Party Quality Control. For this purpose, a separate agency shall be appointed by the owner who will carry out independent testing of materials and checking and ensuring over all quality procedures. The contractor shall be required to fully cooperate with agency and facilitate them in taking samples, transportation and examination or various activities including documentation at no extra time and cost to the owner. In case or any adverse findings by the agency, the contractor shall do the needful rectifications at no extra time and cost to the owner. The Engineer-in-charge shall be at liberty for getting quality assurance work done through agencies like CRRI, IIT Delhi, NCCBM, EIL, RITES (& anyone agency as. approved by Chief Engineer) at its own cost. The successful tenderer shall include the provisions mentioned below while framing the proposed methodology for tests.

5.43 The contractor shall issue identity cards to its labourers and supply the list of names of all labourers engaged at the site along with their home addresses to the local police station. Failure to do so may result in suspension of work by the authority.

5.44 The tendered rates for all items of work, unless specified otherwise, shall include the cost of all operations, labour, materials, de-watering and other inputs involved in the execution of the items.

5.45 Unless otherwise specified in the Schedule of Quantities, the rates for all items of work shall be considered as inclusive of working in or under water and/or liquid mud and/or foul conditions including pumping or bailing out liquid mud or water accumulated in excavations during the progress of the work from springs, tidal or river seepage, rain, broken water mains or drains and seepage from subsoil aquifer. The rates tendered by the contractor shall be all-inclusive and shall apply to all heights, depths, Leads and lifts.

5.46 All work and materials brought and left upon the ground by the contractor or by his orders for the purpose of forming part of the works, are to be considered to be the property of Commissioner, Municipal Corporation of Delhi and same are not to be



removed or taken away by the contractor or any other person without the special license and consent in writing of the Engineer-in-Charge, but the Commissioner, Municipal Corporation of Delhi is not to be, in any way, responsible for any loss or damage which may happen to or in respect of any such work or materials either by the same being lost or damaged by weather or otherwise.

5.47 No claim for idle establishment & labour, machinery & equipments, tools & plants and the like, for any reason whatsoever, shall be admissible during the execution of work as well as after its completion.

5.48 Stacking of materials and excavated earth including its disposal shall be done as per the directions of the Engineer-in-Charge. Double handling of materials or excavated earth, if required, shall have to be done by the contractor at his own cost.

5.49 Other agencies working at site may also simultaneously execute the works entrusted to them and to facilitate their working, the contractor shall make necessary provisions e.g. holes, openings, etc. for laying/burying pipes, cables, conduits, clamps, hooks etc. as may be required from time to time.

5.50 The work shall be carried out in such a manner so as not to interfere and disturb other works being executed by other agencies, if any.

5.51 Any damage done by the contractor to any existing work or work being executed by other agencies shall be made good by him at his own cost

5.52 The work shall be carried out in the manner complying, in all respects with the requirement of relevant rules and regulations of the local bodies under the jurisdiction of which the work is to be executed and nothing extra shall be paid on this account.

5.53 On account of security consideration, there could be some restrictions on the working hours, movement of vehicles for transportation of materials and location of labour camp. The contractor shall be bound to follow all such restrictions and adjust the programme for execution of work accordingly.

5.54 Nothing extra shall be paid for cartage of any material to the site of work.

5.55 The contractor must take adequate precaution to ensure that no spillage of construction material takes place on to the carriageway. Failure to observe this will make the contractor liable to pay compensation as per clause 3.62. The decision of Engineer-in-Charge in this regard shall be final and binding on the contractor.



5.56 Activity Wise Slippage And Levy of Compensation

Without prejudice to any other conditions and table of milestones including clause 1, 2 and 3 of General Condition of Contract 2005, in order to achieve timely completion of the project without slippage over various activities, the compensation as decided by the Superintending Engineer may be levied.

All these compensations are independently and simultaneously leviable subject to a maximum as specified in clause 2 of General Condition of Contract 2005. The decision of engineer in charge in this regard shall be final and binding. The amount shall be deducted from contractor running bills.

5.57 INDEMNITY BY CONTRACTOR

Indemnity Against All Actions of Contractor:

The contractor shall hold and save harmless and indemnify the employer, from and against all actions, suits, proceedings, loss, costs, damages, charges, claims and demands of every nature and description brought or recovered against the Employer, by reason of any act or omissions of the contractor, his agent or his employees, in the execution of the works or in the guarding of the same. All sums payable by way of compensation under any of these conditions, shall be considered as reasonable compensation payable to the employer, without reference to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

Indemnity Against All Claims of Patent Rights And Royalties.

The contractor shall hold and save harmless and indemnify the employer, his officers, agents, servants and employees from and against all claims and proceedings, for or on account of infringement by the contractor of copyright any patent rights design trademark or name, secret process, patented or unpatented invention, articles or appliances manufactured or used for or in claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. Except where otherwise stated, the contractor shall pay all royalties, rent and other payments or compensation, if any for getting stone, sand, gravel, clay or other materials required for the works.

5.58 DAMAGE TO EMPLOYER’S PROPERTY, PRIVATE PROPERTY AND LIFE

The contractor shall be responsible for all risks to the works and for trespass and shall made good, at this own expenses, all loss or damage to the works themselves or to any other property of the employer or the lives, persons and property of others from whatsoever cause in connection with works until they are taken over by the employer in case the employer is called upon to make good any such costs loss or damages, or to pay compensations, (including that payable under the provisions of workmen’s compensation



Act or any statutory amendments thereof) to any person or persons sustaining damage as aforesaid by reason of any act, omission or negligence on the part of the contractor the amount of any costs or charges (including costs and charges in connection with legal proceedings), which the employer may incur in reference thereto, shall be charged to the contractor. The employer shall have the authority to pay or to defend or compromise any claim or threatened legal proceeding or in anticipation of legal proceedings being instituted consequent on the action or default of the contractor, to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, as aforesaid. Any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the property of any such payment, defense or compromise, and the incurring of any such expenses shall not be called in question by the contractor.

5.59 INSURANCE

5.59.1 Requirements

Before commencing execution of works, unless stated otherwise in the special conditions of contract, it shall be obligatory for the contractor to obtain at his own cost stipulated insurance cover under the following requirements:

a) Contractor’s all risk and Third Party Cover.b) Liability under the workmen’s compensation Act, 1923, Minimum Wages Act,

1948 and Contract Labour (Regulation and Abolition) Act, 1970.c) Accidents to staff, Engineers, Supervisors and others who are not governed by

workmen’s compensation Act.d) Damage to material, machinery and works due to fire theft etc.e) Any other risk to be covered by insurance as may be specified by the employer in

the special conditions of contract.

5.59.2 POLICY IN JOINT NAMES OF CONTRACTOR AND EMPLOYER

The policy referred to under sub-clause 5.61.1(a) above shall be obtained in the joint names of the contractor and the employer and shall inter-alia provide coverage against the following, arising out of or in connection with execution of works, their maintenance and performance of the contract.

Loss of life or injury involving public, employee of the contractor, or that of employer and Engineer, labour etc.

Injury, loss or damage to the works or property belonging to public, government bodies, local authorities, utility organizations, contractors, employer or others.

5.59.3 CURRENCY OF POLICY

The policies shall remain in force throughout the period of execution of the works and till the expiry of the maintenance period. The contractor shall, whenever called upon,



produce to the engineer or his representative the various insurance policies obtained by him as also the rates of premia and the premia paid by him to ensure that the policies indeed continue to be in force. If the contractor fails to effect or keep in force or provide adequate cover in the insurance policies mentioned in sub-clause 5.61 or any other insurance he might be required to effect under the contract, then in such cases, the employer may effect and keep in force any such insurance or further insurance and the cost and expenses incurred by him in this regard shall be deductible from payments due to the contractor or from the contractor’s performance security.

5.60 VARIATION IN QUANTITY OF ITEMS COVERED BY THE BILL OF QUANTITIES

The quantities of items shown in the bill of quantities are approximate, and liable to vary during the actual execution of the work. The contractor shall be bound to carry out and complete the stipulated work/group of works, irrespective of the variations in individual items, or group of items, specified in the bill of quantities.

Special condition for Ready Mix Concrete (RMC) from RMC Plant

1. The tenderer shall be allowed to install/Erect Ready Mix Concrete (RMC) plant in the nearby area at his own cost. The required land will be arranged by the tenderer himself. However the deptt. Can assist him in arranging the land required.

1 (a) The contractor shall be allowed to arrange Ready Mix Concrete (RMC) from the RMC producing plants of repute (located within 50 km distance from the site of work) supplying concrete in Delhi in case the plant of RMC is not owned by the tenderer.

2. Notwithstanding the approval granted by Engineer-in-Charge in aforesaid manner or provision in IRC Code 15-2002/MORT&H/Provision-IV CPWD specification 2002 or provisions in relevant IS Codes, the contractor shall be fully responsible for quality of ready mix concrete including input control, transportation and placement etc.

3. For all purposes the contractor shall carry out-fully, the responsibilities of the “placement contractor” and the manufacturer of concrete”.

4. The Engineer-in-Charge shall be reserve the right to inspect at any stage and reject the concrete if he is not satisfied about the quality of product at the user’s end.

5. The Engineer-in-Charge reserves the right to exercise control over the: - ingredients, water and admixtures purchase, stored and to be used in the concrete including conducting of tests for checking quality of materials, recording of test result and declaring the material fit or unfit for use in production of mix.

Calibration check of the RMC plant. Weight and quality check of the ingredients, water and admixtures added for batch mixing. Time of mixing of concrete.



Testing of fresh concrete, recordings of results and declaring the mix fit or unfit for use. This will include continuous control on the workability during production and taking corrective action, if required. For exercising such control, the Engineer-in-Charge shall periodically depute his authorized representative at the RMC plant. It shall be responsibility of the contractor to ensure that all necessary equipment, manpower & facilities are made available to Engineer-in-Charge and/or his authorized representative at the RMC plant.

6. The contractor should therefore draw MOU/agreement with RMC producer very carefully keeping in view all terms and conditions/specifications forming part of this tender document.

7. All required relevant records of RMC shall be made available to the Engineer-in-Charge or his authorized representative. Engineer-in-Charge shall, as required, specify guidelines & additional procedures for quality control & other parameters in respect of materials, production & transportation of concrete mix which shall be binding on the contractor & the RMC plant. Only concrete as approved in design mix by Engineer-in-Charge shall be produced in RMC plant and transported to the site.

8. 43/53 grade OPC (Conforming to IS:8112 & IS:12269) of repute brand/made/source as approved by Engineer-in-Charge shall only be used for production of concrete.

9. Admixtures confirming to IS:6925 & IS:9103 shall be permitted to improve instability of the concrete or extension of setting time without effecting strength, volume change, durability & no deleterious effect on steel bars. Nothing extra is payable on any account.

10. Quality assurance

It shall be the responsibility of the contractor to ensure that RMC producer provides all necessary testing equipments and takes all necessary measures to ensure Quality Control of ready mixed concrete. In general the required measures shall be :-

Control of purchased material quality

RMC producer shall ensure that all the materials purchased and used in the production of concrete conform to the stipulation of the relevant agreed standards and the requirements of the concrete mix design and quality control procedures. This shall be accomplished by visual checks, sampling and testing, certification from material supplier and information/data from materials supplier. Necessary equipment for the testing of all material shall be provided and maintained in calibrated condition at the plant by the RMC producer./owner by tenderer.

Control of material storage.

Adequate and effective storage arrangement shall be provided by RMC producer at RMC plant for reliable transfer and feed systems, drainage of aggregates, prevention of freezing or excessive solar heating of aggregate, prevention of contamination etc.



Record of mix design and mix design modification.

RMC producer shall ensure that record of mix design and mix design modification is readily available in his computer at RMC plant for inspection of Engineer-in-Charge or his authorized representative at any time. Any modification in mix design shall be done only after the approval of Engineer-in-Charge.

Transfer and weighing equipment.

RMC producer shall ensure that a documented calibration procedure is in place. Proper calibration records shall be made available indicating date of next calibration checks whenever required by Engineer-in-Charge in writing to contractor. RMC producer shall also maintain a daily production record including use of admixtures.

The accuracy of measuring equipment shall be within +-2% of quantity of cement & +-3% of quantity of aggregate, admixture and water being measured.

Maintenance of plant, truck mixers and pumps.

Plant, truck mixers and pumps should be maintained so as to not hamper any operation of production, transportation and placement of concrete.

Production of concrete at RMC plant.

Weighing (correct reading of batch data and accurate weighting):- For each load, written, printed or graphical records shall be made of the weights of the material batched, the estimated slumps, the total amount of water added to the load, the delivery tickets number for that load and the time of loading the concrete into the truck.

Visual observation of concrete during production and delivery or during sampling and testing of fresh concrete (assessment of uniformity, cohesion, workability, adjustment to water content) The workability of the concrete shall be controlled on a continuous basis during production. The batch mix found unfit shall not be loaded into the truck for transportation. Necessary corrective action shall be taken in the production of mix as required for further batches.

Adequate testing equipment at the plant including equipment for measuring surface moisture content of aggregates shall be provided by the RMC producer.

Making corresponding adjustments at the plant automatically computer control to batched quantities to allow for observed, measured or reported changes in materials or concrete qualities.

Sampling of concrete, testing, monitoring of results.



Diagnosis of designed and the prescribed mixes, a quality control system shall be operated to control the strength of designed mixes to the required levels. This system shall include continuous analysis of results from cube tests.

11. The concrete mix design for RMC with and without admixture will be carried out by the contractor, at his own cost, through one of the following laboratories/Test houses to be approved by Engineer-In-Charge:-

IIT, DelhiShriram Test House, DelhiNCCBMEILRITES

12. In the event of all the three laboratories being unable to carry out the requisite design/testing; the contractor shall have to get the same done from any other reputed laboratory with prior approval of the Engineer-in-Charge.

13. The various ingredients for mix design/ laboratory test shall be sent to the approved lab/test houses through the Engineer-in-Charge and the samples of such ingredients sent shall be preserved at site by the department till completion of work or change in Design Mix whichever is earlier. The sample shall be taken from the approved materials which are proposed to be used in the work.

14. The contractor shall submit the RMC mix design report from approved laboratory for approval of Engineer-in-Charge within 45 days from the date of issue of letter of acceptance of the tender. No concreting shall be done until the mix design is approved.

15. The contractor shall make cubes of trial mixes as per approved mix design at site laboratory for all grades of concrete in presence of the Engineer-in-Charge using same ingredients as adopted for design mix, prior to commencement of concreting and get them tested in presence of Engineer-in-Charge. The testing and the acceptance of the trial mixes shall be as per CPWD specifications. The conformity of mix design should be established by conducting three repeat trial mix tests. In each repeat trial mix test six cubes of standard size 15cm x 15cm x 15cm shall be cast, out of which three cubes shall be tested after 7 days & 3 cubes shall be tested after 28 days. This provision shall supercede Para 5.8.12.2.3(7) & 5.8.12.2.3(8) of CPWD specification 2002.

16. 90% of the total trial mix tests shall be done at the laboratory established at site/ plant by the contractor/mpl. Laboratory and remaining 10% in any laboratory as directed by Engineer-In-Charge. The testing charges will be paid by the agency. In addition to this, third party can test as many samples as deemed fit.

17. For each of change of source or quality/characteristic properties of the ingredients from the approved & used in the concrete mix during the work, a fresh mix design shall be got done by the contractor. Revised trial mix tests shall be conducted at



laboratory established at site or Engineer-in-Charge may order for testing of these cubes from the independent laboratory and shall be submitted by the contractor as per the direction of the Engineer-in-Charge.

18. The cost of packaging, sealing, transportation, loading, unloading, cost of samples and the testing charges for mix design in all cases shall be borne by the contractor.

19. RMC manufactured in fully automatic batching plant shall be transported to site of work in transit mixtures having continuous agitated mixture only.

20. In case of RMC, if the actual quantity of cement required to be used, as per design mix is different from the quantity of cement mentioned in the item, necessary adjustment in the cost of cement used shall be payable/recovered at the rate of cement (prevailing market rate at the time of receiving of tender).

21. In case, the actual cement consumption is less than the quantity of cement as per design mix within permissible limits o variation, necessary recovery for less use of cement shall be made as per prevailing market rate at the time of receiving of tender and in case of excess use more than design mix, nothing extra is payable.

The items mentioned in the BOQ are for all leads, nothing extra for extra lead is payable.

RMC plant shall have minimum capacity of 30 cum / hour.

Circulars/office orders issued by MCD.

Circulars/office order issued by MCD from time to time up to date of receipt of tender will be applicable and contact conditions/rules/directors/clauses of the contract etc. will be modified to the extent as is mentioned in that/those circular/office order.

The financial implications due to variation/deviation of the quantities of various items

The financial implications caused due to variation/deviation of the quantities of various items during the execution will be recovered from the contractor’s bill. For calculating the financial implications due to variation/deviation, justification of rates for finally executed quantities as per prevailing market rate at the time of receipt of tender will be prepared and financial implication will be recovered from the contractor at the rate of difference between justification of rates as per estimated quantities i.e. quantities taken in NIT schedule and justification of rates prepared for executed quantities in case justification of rates for executed quantities comes lower than justification of rates for estimated quantities however nothing extra will be paid if justification for the executed quantities is on higher side.

Recovery in respect of Job Mix Formula



In case quantity of cement in the Job Mix Formula for the cement concrete/ RMC is less than the quantity of cement as per items or DSR / approved item / item of NIT schedule, then recovery in this respect will be made on the basis prevailing market rate o cement on the date of receipt of tender.

List of machinery

(a) Sub-grade Compaction Equipment:

(i) Three-wheeled static roller, vibratory roller (10 to 12 tonnes), sheep foot roller, pneumatic tyred roller, plate compactor(ii) Watering devices (water lorry, water sprinkler or bowser fitted with pump)(iii) Motor grader

(b) Wet Mix Macadam Lower Sub-Base:(i) Pug-mill type wet mix macadam mixing plant(ii) Dumpers(iii) Paver finisher with electronic sensor (optional)(iv) Motor grader(v) Vibratory rollers of 10-12 tonnes weight(vi) Leveling instrument

© Dry Lean Concrete Sub-Bas

(i) Batching plant

(ii) Dumper or tipper

(iii) Paver finisher with electronic sensor

(iv) Vibratory roller

(v) Pneumatic roller

(vi) Plate compactor

(vii) Liquid curing compound sprayer

(viii) Gunny bags/Hessian/coir felt

(ix) Pneumatic roller

(x) Scabbler for correcting surface regularity

(xi) Leveling instrument.



(d) Paving Concrete:

(i) Batching Plant

(ii) Dumpers/tippers/transit mixers

(i) Concrete paving train or Paver and finisher assembly (slip form of fixed form.

(ii) Side form for fixed form pavers

(iii) Joint cutting machine (concrete saw)

(iv) Dowel cradles/chairs, for manual dowel placement

(v) Steel bulk-heads

(vi) Tie bar supporting assembly or tie bar inserter

(vii) Guide wires for slip form pavers and stakes

(viii) Finishing and texturing equipment

(ix) Liquid curing compound sprayer

(x) Steel mobile bridges

(xi) Portable pavement protection tents (minimum 150m length) for hot season operation

(xii) Sealant application extruder with flexible hose and nozzle

(xiii) Scabbler

(xiv) Edging tool

(xv) Leveling instrument

(xvi) Slip-form kerb laying machine with electronic sensors.













SECTION-7

MATERIALS AND TESTING

7.1 GENERAL

The contractor shall at his own expense provide all materials including water and electricity required for the works. No extra cost due to variation in cost of material, carriage, loading etc. at any time will be payable except as admissible under clause 10CC of the tender document.

All materials to be provided by the contractors shall be in conformity with the specifications laid down in the contract. The contractor shall ensure about their suitability to the satisfaction of the Engineer-in-charge, and nothing shall be paid extra on this account. The contractor shall procure and get the materials tested sufficiently in advance so that there is no hold up due to non availability of materials. At least 15 days quantity shall be available with the contractor in advance.

A list of approved manufacturer/supplier for various items of work has been enclosed in Annexure-A for guidance of the contractor. All the materials and the name of manufacturer/supplier from whom the contractor intends to purchase the material shall be got approved from Engineer-in-Charge in advance.

7.2 MATERIALS TO BE ARRANGED BY THE CONTRACTOR

All materials are to be arranged by the Contractor. The Contractor shall submit test certificates of manufacturer in respect of conformity to specifications in respect of each lot of supply of material. The materials arranged by the Contractor shall be jointly tested by the Contractor or his representative & the Engineer-in-Charge or his representative and as directed by Engineer-in-Charge. The Engineer-in-Charge shall have full liberty of getting the material tested independently through recognized Testing Laboratory. The Contractor shall supply the material required for tests free of change. Cost for all tests in the field lab set up by the contractor or at the Manufacturer’s premises shall be borne by the contractor.

7.2.1 Cement

Ordinary Portland Cement of 43 Grade, and 53 Grade conforming to IS: 8112 and IS: 12269 respectively may be used for structural concrete.

Portland Pazzolana cement shall conform to IS: 1489 (Part-I),



The contractor, shall procure cement from the approved (Annexure-A) manu-facturers of cement having a production capacity of one million tonne per annum or more and holding license to use ISI certification mark for their product whose name shall be got approved from Engineer-in-Charge.

The cement shall be brought at site in bulk supply of approximately 50 tonnes or more as decided by the Engineer-in-Charge. Cement shall be arranged by the contractor in jute bags, paper bags or any suitable packing. The test certificate of the manufacture shall be submitted by the contractor for every lot of cement brought to site.

Supply of cement shall be taken in 50 kg. bags bearing manufacturer's name and ISI marking. Samples of cement arranged by the contractor shall be taken by the Engineer-in- charge and got tested in accordance with the relevant tender pro-vision. In case test results indicate that the cement arranged by the contractor does not conform to the relevant codes, the same shall stand rejected and shall be re-moved from the site by contractor at his own cost within a week's time of written order from the Engineer-in-Charge to do so.

The actual issue and consumption of cement on work shall be regulated and proper accounts maintained as provided in clause 10 of "General conditions of contract. The theoretical consumption of cement shall be worked out. No payment for excess consumption of cement will be allowed. However, for consumption lesser beyond permissible theoretical variation, recovery shall be made in accor-dance with conditions of contract without prejudice to action for acceptance of work/item at reduced rate or rejection as the case may be.

Cement brought to site shall not be removed from site without written permis-sion of the Engineer-in-Charge.

The cement godown of adequate capacity shall be constructed by the contrac-tor at site as per the direction of Engineer-in-charge for which no extra payment shall be made. The plan dimensions and section of the proposed cement godown shall be submitted by the contractor for the capacity of 10000 bags. The contractor shall be responsible for the watch & ward and safety of the cement godown. The contractor shall facilitate the inspection of the cement godown by the Engineer-in-Charge or his authorized representative at any time.

Separate godowns shall have to be provided for different grades/types of ce-ment. Cement godown shall have a minimum capacity of 10000 bags. Each godown shall display the grade/type of cement stored in it prominently. The test-ing of cement shall be carried out in advance and at least 15 days quantity shall be available in the godown.

7.2.2 Steel Reinforcement



Type of Steel Reinforcement: Only TMT reinforcing bars of grade FE-500 con-forming to IS: 1786 -1985. The contractor shall procure steel reinforcement bars conforming to relevant specifications from main producers or from their autho-rized distributor as indicated in Annexure -A and no re-rolled steel shall be per-mitted.

Supply of Steel Reinforcement: The contractor shall have to obtain and furnish test certificates to the Engineer-in-Charge in respect of all supplies of steel brought by him to the site of work. Samples shall also be taken and got tested by the Engineer-in-Charge as per the provisions in this regard contained in Quality Assurance chapter. In case the test results indicate that the steel arranged by the contractor does not confirm to BIS codes, the same shall stand rejected and shall be removed from the site of work by the contractor at his cost within a week's time from written order from the Engineer-in-Charge to do so. A record shall be kept of the batch numbers of reinforcement deliveries in such a form that the part of works in which particular reinforcement is used can be readily identified.

The steel reinforcement shall be brought to the site in bulk supply of 9 MT or more for each dia as decided by the Engineer-in-Charge. The contractor will pro-duce copy of original chalan / voucher for purchase .of steel reinforcement from approved manufacturer as a proof of having the steel reinforcement purchased from approved manufacture.

Storage: All reinforcement shall be stored horizontally above ground level (clear of any running or standing water) about 30 cm above the ground surface in such a way as to prevent distortion and deterioration by corrosion and nothing extra shall be paid on this account. Proper drainage of the platforms shall be ensured. Bars of different diameters and lengths shall be stored separately and properly to facilitate easy counting and checking. Bars must be cleaned before concreting commences of all scale, rust, chloride contamination and other corrosion products or partially set concrete which may have been deposited there during placing of previous lift of concrete. Effective methods of cleaning will have to be used so that the steel is free from rust, scales and contamination. The decision of Engineer-in-Charge in this regard shall be final & binding.

Any reinforcement, which is certified as rusted by the Engineer-in-charge, shall be removed from the site within a week.

A record shall be kept of the batch numbers of reinforcement deliveries in such a form that the part of works in which particular reinforcement is used can be readily identified. At least 15 days quantity shall be available with the contractor in advance for taking account of time required for testing.

Bending and Fixing: All reinforcement work shall be executed in conformity with the drawings supplied and instructions given by the Engineer-in-Charge and shall generally be carried out as per bar bending schedule prepared in accordance



with the relevant Indian Standard Specifications IS:2502- Bending and Fixing of Bars for Concrete Reinforcement. Every bar shall be inspected before assembling on the works and any defective, brittle, excessively rusted or burnt bars shall be removed. Cracked ends of bars shall be cut out. All bars will be carefully and ac-curately bent by approved means in accordance with IS: 2502, and relevant draw-ings. It shall be ensured that depth of crank is correct as per the bar cutting and bending schedule. Bent bars should not be straightened for use in any manner that will injure the material.

Consumption: Reinforcement shall be measured in length of different diameters as actually (not more than as specified in the drawings or authorized by engineer-in-charge) used in the work nearest to a centimeter. The standard sectional weights, as per CPWD specifications as mentioned below will be considered for conversion of length various diameter of TMT bars into standard weight and same shall be considered for payment purpose. The actual issue and consumption of steel on work shall be regulated and proper account maintained as provided in clause 10 of "General conditions of contract. The theoretical composition of steel shall be worked out as per procedure prescribed in clause 42 of the contract and shall be governed by conditions laid therein. No payment for excess consumption of steel shall be allowed. However, for consumption lesser beyond the permissible theoretical variation recovery shall he made in accordance with conditions of con-tract without prejudice to action for acceptance of work/item at reduced rate or re-jection as the case may be.

The theoretical consumption of steel shall be worked out for measurement of payment. Steel brought to site and steel remaining unused shall not be removed from site without the written permission of the Engineer-in-Charge. The standard sectional weights arc us given below.

Dia of Bar

(mm)6 8 10 12 16 18 20 22 25 28 32 36 40

Weight (Kg/m) 0.222 0.395 0.617 0.888 1.58 2.00 2.47 2.98 3.85 4.83 6.31 7.99 9.85

i) Records of actual sectional weights shall be kept dia wise and lot wise. The average sectional weight for each diameter shall be arrived at from samples from each lot of steel received at site. The decision of the Engineer-in-Charge shall be final to the procedure to be followed for determining the average sectional weight of each lot. Quantity of each diameter of steel received at site of work each day will constitute one single lot for the purpose. The weight of steel by conversion of length of various sizes of bars based on the actual weighted average sectional weight shall be termed as Derived Actual Weight.

(a) If the Derived Weight as in sub-para (i) above is lesser than the standard weight as in the table above then the derived actual weight shall be taken for payment.



(b) If the derived actual weight in sub-para (i) above is found more than the standard weight, then the standard weight as given in table above shall be taken for payment. In such case nothing extra shall be paid for the difference between the derived actual weight and the standard weight.

Bar Bending Schedule: Prior to starting bar bending work, the Contractor shall prepare bar bending schedule from the structural drawings supplied to him and get the same approved by Engineer-in-Charge in conformity with IS: 2502. Any dis-crepancies and inaccuracies found by the Contractor in the drawings shall be im-mediately reported to the Engineer-in-Charge whose interpretation and decision there to, shall be accepted. No work shall be commenced without the Engineer-in-Charge's approval of the bar bending schedu1e.

Lapping & Welding: As far as possible bars of the maximum length available shall be used. Laps shown on drawings or otherwise specified by the Engineer-in-Charge will be based on the use by the Contractor of bars of maximum length. However the laps in the reinforcement shall be measured separately. Bars having butt or lap welds shall be provided free of cost as specified in the drawings and to the satisfaction of the Engineer-in-Charge.

Mechanical Couplers: Mechanical couplers shall be used wherever specified in the drawings for 25mm and above dia of bars to reduce congestion of reinforce-ment and to save on lap length costs. Mechanical couplers only from approved suppliers as per Annexure-A shall be used subject to approval of the engineer in charge.

Placement and Positioning: All reinforcement shall be placed and maintained in the positions shown on the drawings. The Contractor shall provide approved types or supports for maintaining the bars in position and ensuring required spacing and correct cover of concrete to the reinforcement as specified on the drawings. Cover blocks of required shape and size, M.S Chairs and spacer bars shall be used to en-sure accurate positioning of reinforcement. However, chairs and spacers shall be measured for payment. Cover blocks shall be cast well in advance and shall con-sist of approved proprietary pre-packaged free flowing mortars (Conbextra HF of Fosroc or equivalent). They shall be circular in shape for side cover and square for bottom cover. The cost of cover block shall be deemed to have been included in the rates. Annealed wire shall be used for binding reinforcement

Projecting Reinforcement: Reinforcement left projecting from newly placed concrete shall be supported in such a way that there is no sag or risk of damage to the newly placed concrete. The projecting bars, which are likely to be exposed for a long time, shall be protected by a coat of neat cement wash. These shall be thor-oughly cleaned and wire brushed before depositing fresh concrete around it. No reinforcement bar shall remain exposed or projecting out of the finished concrete surface. These shall be removed or treated in a manner as directed by Engineer-in-Charge. The unwanted projected reinforcement bars shall be cut below the fin-



ished surface and the cut end painted with cement slurry. Thereafter the surface shall be repaired to match the colour, texture or pattern of adjoining concrete to the satisfaction of Engineer-in-Charge.

Welding: Wherever specified all lap and butt-welding of bars shall be carried in accordance with IS: 2571. Only qualified welders shall be permitted to carry out such welding. Electrodes with retile coating as per IS:814 should be used. Bars shall be free from rust at the joints to be welded. Slag produced in welding after alternative run should be chipped and removed by brush. Electrode should not be lighted by touching to the hot bar. The welding procedure shall be approved by the Engineer-in-Charge and tests shall be made to prove the soundness of the welded connection.

7.2.3 Coarse Aggregate

Coarse aggregate shall consist of naturally occurring crushed stones. The aggregates shall be hard, strong, dense, durable, clear and free from adherent coating, injurious amounts of disintegrated pieces, alkali, vegetable matter and other deleterious substances. The presence of flaky, deleterious and elongated pieces shall be avoided.

The nominal maximum size of aggregate to be used shall be 20 mm for reinforced concrete works. However large size aggregate upto 40mm may be allowed by engineer-in-charge for plain concrete. The other requirements for coarse aggregate shall conform to requirements as per IS: 383 and MORTH Specifications.

The contractor shall satisfy himself that the material complies with the requirement of IS:383 and shall furnish a certificate to this effect to the Engineer-in-Charge. In case the aggregates tested do not comply with any requirement of the IS standards the source for the same shall be rejected. No further samples from the rejected source shall be considered for approval.

Blending of Aggregates: In order to obtain optimum workability, individual aggregates of nominal size 20111m, 10mm, 4.75mm and 2.36mm will be blended in such a way that the grading curve for all aggregates will be a smooth curve from size 0.15mm to 25mm falling within the established envelop grading curve. Contractor shall establish grading curve for each grade or concrete for given maximum size of aggregates and get it approved by Engineer-in-Charge before finalising the mix design. However, the grading or aggregate shall be controlled by obtaining the coarse aggregate in different sizes and blending them in correct proportions as and when required.

The aggregate shall be stored in such a way as to prevent mixing with foreign materials. Different sizes of coarse aggregate shall be stored in a separate stock pile sufficiently distance from each other in order to prevent intermixing of the materials at the edges of the stock piles.



7.2.4 Fine Aggregate

The quality, tests and acceptance criteria for fine aggregates shall be same as per IS: 383 and MOSRT&H specifications. The fine aggregates shall conform to Zone II or Zone III as per requirement of trial mix design (or any combination of the two as approved by the Engineer-in-charge. The decision of Engineer-in-Charge in this respect shall be final.

The fine aggregate shall be river sand pit sand, stone dust or other approved sand. It shall be free from clay, loam, earth or vegetable matter and from salt or other harmful chemical impurities. It shall be clean, sharp, strong, angular and composed of hard siliceous material.

The silt content of fine aggregate used for trial mixes shall be recorded & the silt content in fine aggregate used shall neither exceed 6% nor 1 % more than that of the fine aggregate used in the trial-mix. Regarding storage of fine aggregates, provisions as stated above for coarse aggregate shall apply.

7.2.5 Water

Potable water only shall be used for the works. Water to be used for mixing and curing shall be clear and free from injurious impurities like oils, acids, alkalis, salts, sugar, organic material or other substances that may be deleterious to concrete or steel. The pH value of the water shall not be less than 6.

Water shall be from the source approved by the Engineer-in-Charge and shall be in accordance with clause 5.4 of IS: 456. Before starting any concreting work and wherever the source of water changes, the water shall be tested for its chemical and other impurities to ascertain its suitability for use in concrete for approval of the Engineer-in-Charge. No water shall be used until tested and found satisfactory.

The Contactor shall make his own arrangements for storing water, if necessary, in drums or tanks or cisterns, to the approval of the Engineer-in-Charge. Care shall be exercised to see that water is not contaminated in any way.

As a guide, the following concentration represents the maximum permissible value.

a) To neutralize 100 ml sample of water, using phenolphthalein as an indicator, it should not require more than 5ml of 0.02 normal NaOH. The details of tests are given in 8.1 of IS:3025 (Part 23),

b) To neutralize 100 ml sample of water using mixed indicator, it should not require more than 25 ml of 0.02 normal H2SO4". The details of tests arc given in 8.1 or IS:3025 (Part 23).



The maximum permissible limits for solids shall be as given below:

Permissible Limit (Max) Tested as per- Organic 200 mg/l IS: 3025 (Part 18)

- Inorganic 3000 mg/l IS: 3025 (Part 18)

- Sulphates (as SO3) 400 mg/l IS: 3025 (Part 24)

- Chlorides (as Cl-) 500 mg/l IS: 3025 (Part 32)

- Suspended matter 2000 mg/l IS: 3025 (Part 17)

7.2.6 Admixtures

1. Use of Admixture: Engineer-in-charge may permit the use of approved admixture for imparting special characteristics to the concrete on satisfactory evidence that it does not in any way adversely affect the properties of concrete particularly its strength, volume changes, durability and has no deleterious effect on the reinforcement. The minimum cement content specified shall not be reduced on account of the use of the Admixtures. Cost of all admixtures shall be borne by the contractor and deemed to have been included in his offer.

2. Type of Admixtures: Retarding admixtures based on Lingosus-Phonates with due consideration to clause 5.2 and 5.3 of IS: 7861 shall be permitted to use. Admixtures generating hydrogen and nitrogen etc. shall not be used. The admixtures used shall conform to IS:9103. Contractor shall submit the details of the Admixture proposed to be used for the prior approval of the Engineer-in-charge along with a copy of the Manufacturer's Test Certificate not earlier than 6 months. The suitability of all admixtures shall be verified by trial mixes of concrete with 0.5% & 1 % of admixtures to ascertain compatibility between particular cement and a particular admixture at no additional cost and as per direction of Engineer-in-Charge

3. Dosage: The contractor shall further provide the required information concerning each admixture to the Engineer-in-charge.

i Normal dosage and detrimental effects of under dosage and over dosage.ii The chemical names of the main ingredients in the admixtures. iii The chloride content, if any, expressed as a percentage by weight of

admixture.



iv Whether or not the admixture leads to the entrainment of air, when used in the manufacturer's recommended dosage?

4. Blending of Admixtures: Where two or more admixtures are proposed to be used in any one mix, the manufacturer's written confirmation of their compatibility must DC obtained and submitted to the Engineer-in-charge for prior approval.

.

7.2.7 Other Materials

All other materials. not specifically mentioned above shall be of best quality and shall conform to relevant IRC / BIS codes / BS codes / MORTH / CPWD specifications. Wherever no specific code of practice of IRC / BIS is applicable, the decision of the Engineer-in-charge shall be final and binding regarding specification to be adopted for any particular material.

7.3 TESTS AND QUALITY CONTROL

For the purpose of Quality assurance requirements, the project has been considered to qualify class Q3 of IRC: SP- 47. The various tests and frequency of tests specified in this contract shall be strictly followed unless specifically agreed to be modified by the Engineer-in-Charge otherwise. Every material shall undergo a pre testing by the Contractor before the same is proposed to be incorporated in the project. For certain materials, this pre-test may be in the form of manufacturer's test certificates. The various tests and frequency of tests to be carried out by the contractor at the site laboratory and / or external laboratory are given in the tabular form in Annexure -C of the tender. For other materials not covered in Annexure -C the various tests and frequency for the test shall be decided by the Engineer-in-Charge as per the relevant provision of BIS/MORTH/IRC/CPWD specification. Any other test (site laboratory and/or external laboratory) if required by the Engineer-in-charge shall be done as per the directions of the Engineer-in-charge. In the tables in Annexure C, under the column designated "Laboratories" the numerals imply as follows: -

1 : Pre-testing 2 A : Testing at site laboratory 2 B : Testing at external laboratory or MCD Lab as the same can not be carried

out at site 3 : Testing at an external independent laboratory or Third Party Testing for

more important and sensitive material. This laboratory shall be different from the external laboratory mentioned in 2B above

The Contractor shall be required to establish a full-fledged site laboratory in good working condition and housing at least the equipment indicated in Annexure -D. Within the mobilization period, the Contractor shall establish this complete site testing laboratory



and arrange all relevant Indian and International codes and standards. If the contractor fails to conduct field/lab tests at his site laboratory as per Annexure-C, the same shall be got done by the engineer in charge and twice the cost of such testing will be recovered from the contractor. However, for these tests, the contractor shall supply free of charge all the materials required for testing.

The contractor shall depute a full time qualified Engineer, exclusively for supervising the entire laboratory tests to the satisfaction of Engineer-in-Charge. The quoted rates shall include cost of all test material and their tests to be conducted at field laboratory for the purpose of quality assurance.

However, for the tests to be carried out by the external laboratories, the contractor shall supply free of charge all the materials required for testing. The testing charges shall be born by the Contractor / Department in the manner described below:

a) By the Contractor, if the test results show that the material does not conform to the relevant codes/specifications mentioned elsewhere in the tender document.

b) By the Department, if the test results show that the material conforms to the relevant codes/specifications mentioned elsewhere in the tender document.

All the testing machines and equipment (including batching plant) shall be calibrated prior to first use and recalibrated periodically as determined by the Engineer-in-charge to detect errors. The calibration certificates / charts (from an approved laboratory) shall be submitted to the Engineer-in- charge well in advance of execution of work. The moulds for cubes shall be checked at regular interval as decided by Engineer-in-Charge and made to conform to specifications contained in IS-516.

The contractor or his authorized representative shall associate in collection, preparation, forwarding and testing of such samples. In case he or his authorized representative is not present or does not associate himself, the Engineer-in-Charge shall do the needful for getting the samples collected and tested, the results of such tests and consequences thereof shall be binding on the contractor.

7.3.1 THIRD PARTY QUALITY ASSURANCE

In order to achieve a high standard of quality, it may be required to go for Third Party Quality Control. For this purpose, a separate agency shall be appointed by the owner who will carry out independent testing of materials and checking and ensuring over all quality procedures. The contractor shall be required to fully cooperate with agency and facilitate them in taking samples, transportation and examination of various activities including documentation at no extra time and cost to the owner. In case of any adverse findings by the agency, the contractor shall do the needful rectifications at no extra time and cost to the owner. The Engineer-in-charge shall be at liberty for getting quality assurance work done through agencies like CRRI, IIT Delhi and NCCBM at its own cost. The successful



tenderer shall include the provisions mentioned below while framing the proposed methodology for tests.

The representatives of MCD shall be at liberty to inspect the testing facilities at site and conduct testing at random in consultation with Engineer in Charge. The contractor shall provide all necessary facilities for the purpose. No extra claims whatsoever on this account shall be admissible.

7.4 Notice to the Engineer-in-Charge

The contractor shall give not less than 7 days notice for all tests in order to facilitate the Engineer-in-Charge may be present. Two copies of all test certificates shall be supplied by the contractor to the Engineer-in-Charge for approval immediately after the completion of the tests. Test certificates shall invariably be supplied to the Engineer-in-Charge well in advance before the materials or components are used in the works, unless the Engineer-in-Charge directs otherwise.

7.5 STORAGE

Material, cement, steel & bitumen shall be kept in joint custody of the contractor and tile representative of Engineer-in-Charge. Department shall not provide any storage. Separate storage of adequate capacity shall be provided by the contractor without any extra cost to the Department.

Materials required for the work shall be stored by the contractor only at places in standard profiles and in the manner approved 'by the Engineer-in-Charge. Storage and safe custody of materials shall be the responsibility or the contractor. Special care shall be taken as per relevant specifications for storage of bitumen etc. The contractor shall make sure that the materials shall be brought in, at a time, in adequate quantities to suffice for the whole work or for at least a month's work.

The contractor shall construct suitable godowns at the site of work for storing the materials safe against damage due to sun, rain, dampness, fire, theft etc. He shall also employ necessary watch and ward establishment for this purpose at his own cost. The materials which are likely to get deteriorated shall be stored under covered sheds with waterproof roofs constructed on consolidated elevated platform with adequate seepage control measures as per direction and satisfaction of Engineer-in-charge. The quoted rates shall be deemed to have included the cost of all such storage. The storage space shall be open for inspection as and when required by the Engineer-in-charge.

7.6 MATERIAL FOUND AT SITE OF WORK



All fossils, coins, articles of value or antiquity and structures or other remains or things of geological or archaeological interest discovered on the site shall be the absolute property of the Department and the contractor shall take reasonable precautions to prevent his workmen or any other person from removing or damaging any such articles or valuables and shall immediately upon discovery thereof and before removal, acquaint Engineer-in-Charge and obtain his directions as to the disposal of the same at the expense of department. The material belonging to other agencies/ local bodies, if recovered during excavation, shall be handed over to them, if required by them.

7.7 UNSUITABLE MATERIAL

In addition to routine tests as specified above, if at any stage of execution of work, Engineer-in-Charge feels that the particular materials are not suitable to be used in any component of the structure covered under "the scope of work", the Engineer-in-Charge may order re-testing of the materials as per relevant specifications, IS code and sound engineering practice from any approved laboratory. The cost of samples for such testing shall be borne by the contractor. The test charges shall be borne by the department if the material is found meeting the acceptance criteria during re-testing. In such case, the cost of testing, for originally failed test sample shall be borne by the contractor only. If the sample is found not acceptable even on re-testing, the cost of such re-testing shall be borne by the contractor. The rejected material either after the routine tests or after re-testing, as the case may be, shall be immediately removed from the site of work by the contractor at his own cost. If the contractor fails to remove the rejected material from the site within a weeks time of their rejection, penalty will be levied .

Any material (s) used on work without prior inspection, testing and approval of the Engineer-in-Charge is/are liable to be considered unauthorized, defective and not acceptable. The Engineer-in-Charge shall have full powers to remove any or all of the materials brought to site by contractor which are not in accordance with the contract specifications or do not conform in character or quality to samples approved by him. In case of fault on the part of the contractor in removing rejected materials and any work executed with such unaccepted materials, the Engineer-in-Charge shall be at liberty to have them removed and/or dismantled by other means at the risk and cost of the contractor.

7.8 EXPLOSIVES AND INFLAMABLE MATERIAL

If explosives or inflammable materials are to be used for execution of the works, the contractor shall at his expense obtain such licenses as may be required for storing and using explosive and/or inflammable materials. Contractor shall at his own cost locate, construct and maintain magazines if such are required for storage in accordance with the requirements of the appropriate rules in force for their use and safety.



SECTION-8

PARTICULAR SPECIFICATIONS

8.1 GENERAL

All the works unless otherwise specified hereinafter or permitted by Engineer-in-Charge shall be done in accordance with the latest editions of MORTH Specifications, CPWD Specifications, IRC codes, with up to date correction slips & relevant BIS Codes as applicable, issued up to the date of issue of Tender. In case of any inconsistency among different Codes/Specifications, the order of precedence given in the Tender Document.

Unless otherwise expressly stated to the contrary either in Schedule of Quantities or elsewhere in this Tender, the method of measurements and other guide-lines as generally laid down in the MORTH Specifications and CPWD specifications will be applicable as per the order of precedence given in tender document. The work shall be executed and measured as per metric units given in the Schedule of Quantities, drawings etc. (FPS units where indicated are for guidance only). Except where distinguished by BOQ, the rates apply to all heights, depths, sizes, shapes and locations. Absence of terms such as providing, supplying, laying, installing, fixing etc in the descriptions does not even remotely suggest that the Contractor is absolved of such providing, supplying etc unless an explicit stipulation is made in this contract. In the absence of any definite provisions on any particular issue in the above mentioned specifications, the design and construction shall be in conformity with the Sound Engineering Practice and in all such matters the decision of the Engineer-in-Charge shall be final and binding on the contractor and nothing shall be paid extra on such account. The Owner shall bear no costs of materials, labour, equipment, duties, taxes, royalties etc.

The Work shall be carried out in accordance with the "Good for Construction" drawings as would be issued to the Contractor by the Engineer-in-Charge duly signed and stamped by him. The Contractor shall be conscious not to take any drawings, designs, specifications, etc. not bearing Engineer's signature and stamp. Similarly the Contractor shall be conscious not to take instructions given by any other Authority except the instructions given by tile Engineer-in-Charge in writing.

The specifications may have been divided into different sections. / Sub-heads for convenience only. They do not restrict any cross-references. The Contractor shall take into account inter-relations between-various parts of works/trades. No claim shall be entertained on the basis of compartmental interpretations.



8.1.1 PROTECTION OF THE ENVIRONMENT

This section of the Specification sets out limitations on the Contractor's activities specifically intended to protect the environment. .

The Contractor shall take all necessary measures and precautions and otherwise ensure that the execution of the works and all associated operations on site or off-site are carried out in conformity with statutory and regulatory environmental requirements including those prescribed elsewhere in this document.

The Contractor shall take all measures and precautions to avoid any nuisance or disturbance arising from the execution of the Works. This shall wherever possible be achieved by suppression of the nuisance at source rather than abatement of the nuisance once generated.

In the event of any spoil, debris, waste or any deleterious substance from the Site being deposited on any adjacent land, the Contractor shall immediately remove all such material and restore the affected area to its original state to the satisfaction of the Engineer.

i) Water quality

The Contractor shall prevent any interference with the supply to or abstraction from, and prevent any pollution of water resources (including underground percolating water) as a result of the execution of the Works.

Areas where water is regularly or repetitively used for dust suppression purposes shall be laid to fall to specially-constructed settlement tanks to permit sedimentation or particulate matter. After settlement, the water may be re-used for dust suppression and rinsing.

All water and other liquid waste products arising on the Site shall be collected and disposed of at a location on or off the Site and in a manner that shall not cause either nuisance or pollution.



The Contractor shall not discharge or deposit any matter arising from the execution of the Works into any waters except with the permission of the Engineer and the regulatory authorities concerned.

The Contractor shall at all times ensure that all existing stream courses and drains within, and adjacent to, the site are kept safe and free from any debris and any materials arising from the Works.

The Contractor shall protect all watercourses, waterways, ditches, canals, drains, lakes and the like from pollution as a result of the execution of the Works.

ii) Air quality

The Contractor shall devise and arrange methods of working to minimize dust, gaseous or other air-borne emissions and carry out the Works in such a manner as to minimize adverse impacts on air quality.

Contractor shall utilize effective water sprays during delivery manufacture, processing and handing of materials when dust is likely to be carried, and to dampen stored materials during dry and windy weather. Stockpiles and friable materials shall be covered with clean tarpaulins, with application of sprayed water during dry and windy weather. Stockpiles of material or debris shall be dampened prior to their movement, except where this is contrary to the Specification.

Any vehicle with an open load-carrying area used for transporting potentially dust producing material shall have properly fitting side and tail boards. Materials having the potential to produce dust shall not be loaded to a level higher than the side and tail boards, and shall be covered with a clean tarpaulin in good condition. The tarpaulin shall be properly secured and extend at least 300 mm over the edges of the side and tail boards.

In the event that the Contractor is permitted to use gravel or earth roads for haulage, he shall provide suitable measures for dust palliation, if these are in the opinion of the Engineer, necessary. Such measures may include spraying the road surface with water at regular intervals.

iii) Noise

The Contractor shall consider noise as an environmental constraint in his planning and execution of the Works.

The Contractor shall take all necessary measures so that the operation of all mechanical equipment and construction processes on and off the Site shall not cause any unnecessary or excessive noise, taking into account applicable environment requirements. The Contractor shall use all necessary measures and shall maintain all



plant and silencing equipment in good condition so as to minimize the noise emission during construction works.

iv) Control of Wastes

The Contractor shall control the disposal of all forms of waste generated by the construction operations and in all associated activities. No uncontrolled deposition or dumping shall be permitted. Wastes to be so controlled shall include, but shall not be limited to, all forms of fuel and engine oils, all types of bitumen, cement, surplus aggregates, gravels, bituminous mixtures etc. The Contractor shall make specific provision for the proper disposal of these and any other waste products, conforming to local regulations and acceptable to the Engineer.

v) Emergency Response

The Contractor shall plan and provide for remedial measures to be implemented in the event of occurrence of emergencies such as spillages of oil or bitumen or chemicals.

The Contractor shall provide the Engineer with a statement of the measures he intends to implement in the event of such an emergency, which shall include a statement of how he intends to provide personnel adequately trained to implement such measures.

No separate payment shall be made in respect of above compliance by the Contractor with the provisions of this Section of the Specification. The Contractor shall be deemed to have made allowance for such compliance with these provisions in the preparation of his lump sum price and the prices for items of work included in the Bills of Quantities and full compensation for such compliance will be deemed to be covered by them.

8.1.2 PROVISIONS BY CONTRACTOR

The Contractor shall provide and maintain at site throughout the period of works the following at his own cost and without extra charge, Except for the items specified in the Bill of Quantities the cost being held to be included in the Contract Rates:

General works such as setting out, site clearance before setting out and on completion of works. All weather approach roads to the site office should also be constructed and maintained in good condition.



All labour, materials, plant, equipment and temporary works, Over head charges as well as general liabilities, obligations, insurance and risks arising out of GCC, required completing and maintaining the works to the satisfaction of the Engineer-in-Charge.

Adequate lighting for night work, and also whenever and wherever required by the Engineer-in-Charge.

Temporary fences, guards, lights and protective work necessary for protection of workmen,supervisors, engineers, General public and any other persons permitted access to the site.

Contractor shall provide proper signages as directed. All fences, barricade shall be painted with colour shades as specified by the Engineer-in-Charge. The barricading should be as per drawing to ensure visual obstruction of work from public view. The barricading for the contractor's yard will not be payable. Only the approved barricading as per drawing or as per instructions of engineer in charge shall be payable.

All equipment, instruments, labour and materials required by the Engineer-in-Charge for checking alignment, levels, slopes and evenness of surfaces measurements and quality etc.

Design mixes and testing them as per relevant clauses of specifications giving proportion of ingredients, sources of aggregates and binder along with accompanying trial mixes. Test results to be submitted to the Engineer-in-Charge for his approval before adoption on works.

Cost of Preparation and compliance with provision of a quality assurance control programme.

Cost of safe guarding the environment as mentioned under section 8.1.1.

A testing laboratory as specified by the Engineer-in-Charge equipped with the following minimum apparatus, materials and competent trained staff required for carrying out tests, as specified elsewhere in the tender document.

8.1.3 SETTING OUT OF WORKS

The Contractor shall set out the Works indicated in the Conditions of Contract. The Contractor shall provide suitable stones with flat tops and build the same in concrete for temporary bench marks. All the pegs for setting out the Works and fixing the levels required for the execution thereof shall, if desired by the Engineer-in-Charge, likewise be built in masonry at such places and in such a manner as the Engineer-in-



Charge may direct. The Contractor shall carefully protect and preserve all bench marks and other marks used in setting out the works. The contractor will make overall layout of complete work and get it checked from Engineer-in-Charge. The cost of all operations of setting out including construction of bench marks is deemed to be included in the quoted rates as per Bill of Quantities.

All the survey work except leveling shall be carried out using total stations with 3-digit accuracy. The leveling work shall be carried out using Auto level.

The triangulations point to be given in the detailed drawings or by Engineer-in-Charge before start of work shall be maintained during execution and handed over back to Engineer-in-Charge after completion of work.

8.1.4 CODES AND STANDARDS

A list of relevant IRC Codes, other publication of IRC and Recommended Codes of Practice is given in Annexure -B, which is not exhaustive but informative only. The contractor shall make available at site all relevant Codes of practice as applicable. Any additional standard specifications or criteria for design and construction of roads and bridges that may have been published by the IRC and in practice up to the date of issue of tender shall also be taken into account. In the absence of any definite provisions on any particular issue in the above mentioned specifications, the design and construction shall be in conformity with the Sound Engineering Practice and in all such matters the decision of the Engineer-in-Charge shall be final and binding on the contractor and nothing extra shall be paid on such account.

8.1.5 LOAD TESTING ON COMPLETED STRUCTURES

During the period of construction or within the defect liability period the Engineer-in- Charge may at his discretion order the load testing of any completed structure or any part thereof if he has reasonable doubts about the adequacy of the strength of such structure for any of the following reasons:

Results of compressive strength on concrete test cubes falling below the specified strength.

Premature removal of formwork.Inadequate curing of concrete.

Over loading during the construction of the structure or part thereof.

Carrying out concreting of any portion without prior approval of the Engineer-in-Charge.



Honey combed or damaged concrete which in the opinion of the Engineer-in-Charge is particularly weak and will affect the stability of the structure to carry the design load, more so in important or critical areas of the structure.

Any other circumstances attributable to alleged negligence of the contractor which in the opinion of the Engineer-in-Charge may result in the structure or any part thereof being of less than the expected strength.

All the loading tests shall be carried out by the contractor strictly in accordance with the instructions of the Engineer-in-Charge, IS:456 and as indicated hereunder. Such tests shall be carried out only after expiry of minimum 28 days or such longer period as directed by the Engineer-in-Charge.

8.1.5.1 METHODOLOGY

The structure shall be subjected to a super-imposed load equal to 1.0 times the specified superimposed load assumed in the design. This load shall be maintained for a period of 24 hours before removal. During the test, struts strong enough to take the whole load shall be placed in position leaving a gap under the members as directed. The deflection due to the superimposed load shall be recorded by sufficient number of approved deflectometers capable of reading up to 1/500 or 1 cm and located suitably under the structure as directed by the Engineer-in-Charge.

The structure shall be deemed to have passed the test if the maximum deflection at the end of 24 hours of loading does not exceed the deflection given by the following expressions

D = 0.001 L 2/25 T, where,

D = max deflection due to imposed load only

L = span of the member under load test (the shorter span in case of slabs). The span is the distance between centres of the supports or the clear distance between the supports plus the depth of the member, whichever is smaller. In case of cantilever, this shall be taken as twice the distance from the support to the end and deflection shall be adjusted for movement of the support.

T = depth of member.If within 24 hours of the removal of the superimposed load, the structure does not recover at least 75% of the deflection under the superimposed load, the test loading shall be repeated after a lapse of 72 hours. If the recovery after the second test is less than 80% of the maximum deflection shown during the second test, the structure shall be considered to have failed to pass the test and shall be deemed to be unacceptable.

In such cases the portion of the work concerned shall be taken down or cut out and reconstructed to comply with the specifications. Other remedial measures may be



taken to make the structure secure at the discretion of the Engineer-in-Charge. However such remedial measures shall be carried out to the complete satisfaction of the Engineer-in-Charge.

8.1.5.2 COST OF TESTING

All costs involved in carrying out the tests (except integrity test for piles) and other incidental expense thereto shall be borne by the contractor regardless of the result of the tests. The contractor shall take down or cut out and reconstruct the defective work or shall make the remedial measures instructed at his own cost including consultancy charges for suggestion of remedial measures.

8.1.5.3 OTHER TESTS

In addition to the above load tests, non-destructive test methods such as core test and ultrasonic pulse velocity test shall be carried out by the contractor at his own expense if so desired by the Engineer-in-Charge. Such tests shall be carried out by an agency approved by the Engineer-in-Charge and shall be done using only recommended testing equipment. The acceptance criteria for these tests shall be as specified by the testing agency or good engineering practice and as approved by the Engineer.

8.2 CEMENT CONCRETE

Only design mix concrete shall be used for various structural members. The contractor shall carry out the mix design and the mix so designed shall be approved by the Engineer-in-Charge within the limitation of parameters and other stipulations laid down in the contract.

8.2.1 Strength Requirement of Concrete

The trial mixes shall be designed to have target mean strengths as specified in Table-6 of IRC:21-2000. The trial mix shall be prepared with approved aggregates, cement, water and admixtures. The Engineer-in-Charge shall be at liberty to inspect the operations and the quality of materials being used by the contractor for trial mixes. The samples of materials used for trial mix shall be submitted with the Engineer in charge for reference and the contractor shall ensure that the materials used for actual production of concrete conforms to the samples of material used in preparation of



trial mix. The trial mixes, which do not conform to the specification, shall be rejected. The other parameters shall be as under:

i) Grade of concrete - As specified

ii) Type of cement - As specified in relevant item of work of chapter “Materials and Testing"

8.2.2 Type and size of Coarse Aggregate

As per chapter 7 for "Materials and Testing”

8.2.3 Workability

The concrete mix proportions chosen should be such that the concrete is of adequate workability for placing condition of the concrete to ensure proper compaction. The slump for various members shall be suitably decided as per the requirement and got approved from the Engineer-in-charge prior to mixing and placing the concrete into the position. However the following range shall be applicable for slump at the point of placing the concrete:

Cast-in-situ members : 50- 80mmPrecast members : 50-80 mm

These slump parameters are broad guidelines which shall be suitably modified and approved by the engineer-in-charge based on site conditions, reinforcement congestion, mode of concrete placement, weather conditions etc.

8.2.4 Limits of Water and Cement Contents

i) Maximum Water/Cement Ratioa) For RCC / PCC members - As per design.b) For Pre-cast members - As per design

ii) Minimum Cement Contenta) For M10 grade concrete - 170Kgb) For M15 grade concrete - 270Kgc) For M35 grade concrete - 425Kg

8.2.5 Total water soluble sulphate (SO) content of concrete mix expressed as (SO) shall not exceed 4% percent by mass of cement used in the mix.

Total chloride content in the concrete expressed as chloride ion shall not exceed 0.2 percent by mass of cement used in the concrete mix for RCC/PCC members and 0.1% by mass of cement for PSC members.

8.2.6 Trial Mixes



Trail mixes shall be prepared using samples of approved materials for all grades of concrete.

The concreting plant and means of transportation employed to make the trial mixes and to transport them to representative distances shall be similar to the corresponding plant and transport to be used in the works. A clean dry mixer shall be used and the first batches shall be discarded. Test cubes shall be taken for trial mixes as follows.

For each mix, set of six cubes shall be made from each of three consecutive batches. Three from each set of six shall be tested at an age of 28days and three at an earlier age, approved by the Engineer-in-Charge. The cubes shall be made, cured, stored, transported and tested in compression in accordance with the specification.

The average strength of the nine cubes at 28 days shall exceed the specified characteristic strength by the current margin minus 3.5 MPa. Nothing extra shall be paid on this account.



8.2.6.1 Additional Trial Mixes

Additional trial mixes and tests, shall be carried out during production before substantial changes are made in the material or in the proportions of the materials to be used, except when adjustments to the mix proportions are carried out to minimize the variability or strength subject to approval of Engineer-in-Charge and to maintain the target mean strength subject to approval of Engineer-in-Charge. Such adjustments shall not be taken to imply any change in the current margin and nothing extra shall be paid on this account.

8.2.7 Sampling and Testing

GeneralSamples from fresh concrete shall be taken as per IS: 1199 and cubes shall be made, cured and tested at 28 days in accordance with IS:516.

Sampling ProcedureA random sampling procedure shall be adopted to ensure that each concrete batch shall have a reasonable chance of being tested, that is, the sampling should be spread over the entire period of concreting and cover all mixing units. The point and time of sampling shall be at delivery into the construction, unless otherwise agreed to.

FrequencyThe minimum frequency of sampling of concrete of each grade shall be in accordance with the following Table:

Quantity of Concrete in Work (m3)

Number of Samples

1 – 5 6 – 1516 – 30 31 – 50 51 and above

1234

4 plus addl. Samples for each addl. 50m3 or part thereof

At least one sample shall be taken from each shift of work.

Test Specimen and Sample StrengthThree test specimens shall be made from each sample for testing at 28 days. Additional cubes may be required for various purposes such as to determine the strength of concrete at 7 days or for any other purpose.

The test strength of the sample shall be the average of the strength of three specimens. The individual variation should not be more than ±15% of the average.



8.2.8. Acceptance Criteria

Compressive Strength: The acceptance criteria shall be as specified in Clause 16 of IS 456:2000. The details shall be as follows:

Compressive Strength

When both the following conditions are met the concrete complies with the specified compressive strength:a) The mean strength determined from any group of four consecutive samples

should exceed the specified characteristic compressive strength by 3 MPa.b) Strength of any sample is not less than the specified characteristic

compressive strength minus 3 MPa.

Chloride ContentUnless otherwise specified and agreed, the method of calculation and test shall be based upon the chloride-ion contents of all constituents and the composition of the concrete.

The chloride-ion content of each of the constituent used in the calculation shall be one of the following:a) The measured valueb) The value declared by the manufacturerc) The maximum value where specified in the BIS for constituent appropriate

The calculated chloride content of the chloride expressed as the percentage of chloride-ion by mass of cement shall not exceed the value specified in clause 302.6.5 of IRC: 21- 2000.

Density of Fresh Concrete

Where maximum density of fresh concrete is specified, the mean of any four consecutive samples shall not be less than the specified value and any individual sample result shall not be less than 97.5% of the specified value. The specified value of density of fresh concrete shall be taken as that of the design mix concrete prepared in the controlled condition during mix design of respective concrete to meet the specified properties.

Density of Hardened Concrete

Where minimum density of hardened concrete is specified, the mean of any four consecutive samples shall not be less than the specified value and any individual sample result shall not be less than 97.5% of the specified value. The specified value of density of hardened concrete just prior to crushing of cubes shall be taken as that of



the design mix concrete prepared in the controlled condition during mix design of respective concrete to meet the specified properties.

8.2.9 Proportioning Concrete

In proportioning cement concrete, the quantity of both cement and aggregates shall be determined by weight. The cement shall be weighed separately from the aggregates. Water shall either be measured by volume in calibrated tanks or weighed. All measuring equipment shall be maintained in a clean and serviceable condition. The amount of mixing water shall be adjusted to compensate for moisture content in both coarse and fine aggregates. The moisture content of aggregates shall be determined in accordance with IS:2386 (Part III). Suitable adjustments shall also be made in the weights of aggregates to allow for the variation in weight of aggregates due to variation in moisture content.

8.2.10 Production of Concrete

The concrete shall be produced in a central batching and mixing plant with, computerized printing for contents and admixture dosage, producing at least 30 Cum concrete per hour. The batching plant shall be fully automatic. Automatic batcher shall be charged by devices which, when actuated by a Single starter switch will automatically start the weighing operation of each material and stop automatically when the designated weight of each material has been reached.. The batching plant shall have automatic arrangement for dispensing the admixture and shall also be capable of discharging water in more than one stage. A print out from the batching plant for every lot shall be submitted. A batching plant essentially shall consist of the following components:

- Separate storage bins for different sizes of aggregates, silo for cement; and water storage tank.

- Batching equipment- Mixers- Control panels- Mechanical material feeding and elevating arrangements

The compartments of storage bins for aggregates shall be approximately of equal size. The cement compartment shall be centrally located in the batching plant. It shall be water-tight and provided with necessary air vent, aeration fittings for proper flow of cement & emergency cement cut off gate. The aggregate and sand shall be charged by power operated centrally revolving chute. The entire plant from mixer floor upward shall be enclosed and insulated. The batch bins shall be constructed so as to be self cleansing during draw-down. The batch bins shall in general conform to the requirements of IS:4925.

The batching equipment shall be capable of determining and controlling the prescribed amounts of various constituent materials for concrete accurately i.e. water,



cement, sand, individual size of coarse aggregates etc. The accuracy of the measuring devices shall fall within the following limits.

Measurement of Cement : ±2% of the quantity of cement in each batch

Measurement of Water : ±3% of the quantity of water in each batch

Measurement of Aggregate : ±3% of the quantity of aggregate in each batch

Measurement of Admixture : ±3% of the quantity of admixture in each batch

8.2.11 Mixing Concrete

The mixer in the batching plant shall be so arranged that mixing action in the mixers can be observed from the operator's station. The mixer shall be equipped with a mechanically or electrically operated timing, signaling and metering device which will indicate and assure completion of the required mixing period. The mixer shall have all other components as specified in 15:4925.

8.2.12 Transportation, Placing and Compaction of Concrete

Mixed concrete from the batching plant shall be transported to the point of placement by transit mixers or through concrete pumps or steel closed bottom buckets capable of carrying 0.6 cum concrete. In case the concrete is proposed to be transported by transit mixer, the mixing speed shall not be less than 4 rev/min. of the drum nor greater than a speed resulting in a peripheral velocity of the drum as 70 m/minute at its largest diameter. The agitating speed of the agitator shall be not less than 2 rev/min. nor more than 6 rev/min. of the drum. The number of revolutions of the mixing drum or blades at mixing speed shall be between 70 to 100 revolutions for a uniform mix, after all ingredients, have been charged into the drum. Unless tempering water is added, all rotation after 100 revolutions shall be at agitating speed of 2 to 6 rev/min and the number of such rotations shall not exceed 250. The general construction of transit mixer and other requirements shall conform to IS:5892.

In case concrete is to be transported by pumping, the conduit shall be primed by pumping a batch of mortar/thick cement slurry through the line to lubricate it. Once the pumping is started, it shall not be interrupted (if at all possible) as concrete standing idle in the line is liable to cause a plug. The operator shall ensure that some concrete is always there in the pump-receiving hopper during operation. The lines shall always be maintained clean and shall be free of dents.

Materials for pumped concrete shall be batched consistently and uniformly. Maximum size of aggregate shall not exceed one-third of the internal diameter of the pipe. Grading of aggregate shall be continuous and shall have sufficient ultra fine



materials (materials finer than 0.25mm). Proportion of fine aggregates passing through 0.25mm shall be between 15 & 30% and that passing through 0.125mm sieve shall not be less than 5% of the total volume of aggregate. When pumping long distances and through hot weather, set retarding admixtures may be used. Admixtures to improve workability can be added. Suitability of concrete shall be through pumping shall be verified by trial mixes and by performing pumping tests.

The special precautions shall be taken that surrounding temperature during concreting should not be more than 30 degree centigrade all stages.

For placing concrete with pumps, pipelines from the pump to the placing area should be laid out with a minimum of bends. For large concrete placement, standby pumps shall be available. Suitable valves (air release valves, shutoff valves etc.) shall be provided as per the site needs. The pumping of concrete shall be preceded by a priming mix to lubricate the pump and pipeline. A rich mix of creamy consistency shall be required for lubricating the pipelines. Continuous pumping shall be done to the extent possible. After concrete has been placed, the lines and all related equipments shall be cleaned immediately. A plug sponge ball shall be inserted in the end near the pump and shall be forced through the line by either water or air pressure. Pipes for pumping should not be made from materials, which can harm concrete; aluminum alloy pipelines shall not be used.

Except where otherwise agreed to by the Engineer-in-Charge, concrete shall be deposited in horizontal layers to a compacted depth of not more than 450 mm. Unless agreed to by the Engineer- in-Charge, concrete shall not be dropped into place from a height exceeding 2 m. In order to avoid such situations chutes, tremie pipe or closed bottom buckets shall be used. These shall be kept clean and used in such a way as to avoid segregation. Slope of the chute shall be so adjusted that concrete flows without the use of excessive quantity of water. The delivery end of chute shall be as close as possible to the point of deposit. The chute shall be thoroughly flushed with water before and after each working period and the water used for this purpose shall be discharged outside the formwork. The concrete shall be compacted by using immersion type vibrators. When the concrete is being continuously deposited to a uniform depth along a member, vibrator shall not be operated within one meter of free end of the advancing concrete. Every effort shall be made to keep the surface of the previously placed layer of concrete such that the succeeding layer can be amalgamated with it by the vibration process. In case the concrete in underlying layer has hardened to such an extent that it cannot be penetrated by the vibrator but is still fresh (that is, just after initial set), bond shall be achieved between the top and underlying layer by first scarifying the lower layer before the new concrete is placed by systematically and thoroughly vibrating the new concrete. The points of insertion of vibrator in the concrete shall be so spaced that the range of action overlap to some extent and the freshly filled concrete is sufficiently consolidated at all locations. The spacing between the dipping positions of vibrator shall be maintained uniformly throughout the surface of concrete so that concrete is uniformly vibrated. The vibrating head shall be regularly and uniformly inserted in the concrete so that it



penetrates of its own accord and shall be withdrawn slowly whilst running so as to allow redistribution of concrete in its way and allow the concrete to flow back into the hole behind the vibrator. The vibrator head shall be kept in one position till the concrete within its influence is completely consolidated. Vibration shall be continued until the coarse aggregate particle have blended into the surface but have not disappeared. The contractor shall keep at least one additional vibrator in serviceable condition to be used in the event of breakdowns and maintenance problems.

The formwork shall be strong and great care shall be exercised in its assembly. It shall be designed to take up increased pressure of concrete and pressure variations caused in the neighborhood of vibrating head, which may result in excessive local stress on the formwork. The joints of the formwork shall be made and maintained tight and close enough to prevent the squeezing out slurry or sucking in of air during vibration. The formwork to receive concrete shall be cleaned and made free from standing water, dust, etc. The contractor shall keep provision for screed and shutter vibrators at site.

No concrete shall be placed in any part of the structure until the approval of Engineer-in- Charge has been obtained. If concreting is not started within 24 hours of the approval being given, it shall have to be obtained again from the Engineer-in-Charge. Concreting shall be done continuously over the area between construction joints. Fresh concrete shall not be placed against concrete, which has been in position for more than 30 minutes unless a proper construction joint is formed. When concreting has to be resumed on a surface which has hardened, it shall be roughened, swept clean, thoroughly wetted and covered with a 13 mm thick layer of mortar composed of cement and sand in the same ratio as in the concrete mix itself. The 13 mm layer of mortar shall be freshly mixed and placed immediately before placing of new concrete.

Where concrete has not fully hardened, laitance shall be removed by scrubbing the wet surface with wire or bristle brushes. Care shall be taken to avoid dislodgement of particles of coarse aggregate. The surface shall then be thoroughly wetted, free water removed and then coated with neat cement grout. Particular attention shall be given to corners and close spots.

8.2.13 Concreting of Narrow Members

Wherever the concreting of narrow member (as adjudged by Engineer-in-Charge) is required to be carried out within shuttering of considerable depth, temporary openings in the sides of the shuttering shall if so desire by the Engineer-in- charge, be provided to facilitate the pouring and consolidating of the concrete. Before any concreting is commenced, shutters and centering shall be carefully examined and the space to be occupied by the concrete be thoroughly cleaned out. The concrete in such members shall be compacted using suitable surface vibrator as appropriate.



8.2.14 Surface Finish

The exposed surface of concrete of all grades shall be shutter finished. Any special surface finish such as form liner finish of outer surface of crash barrier /piers / reinforced soil wall panels, RCC ground supported boxes, retaining walls and components of superstructure etc, as may be deemed necessary as per approved drawing or as desired by the Engineer-in-Charge shall be executed using special surface finish shutters. The quoted rates shall deemed to have included such elements and nothing extra shall be payable on this account. Concrete with surface defects larger than 1/6th of the cover shall be liable to rejection. The engineer-in-charge shall have option to accept the so formed concrete at reduced rates for the defects exceeding this limit provided it is structurally adequate and due rectification done by the contractor to the entire satisfaction of the engineer-in-charge.

All members above ground or formation level shall have formed-finished surfaces. Utmost care shall be taken by the contractor in erection of formwork for components cast in stages. Location of construction joints in between such stages shall be predefined and all such joints; shall be treated in a manner approved by the Engineer-in-charge so as to match with the surrounding concrete without leaving any visual aberration or bad patches and/or bands. The contractor shall be deemed to have included the cost of such operation in his quoted rates and no claim whatsoever shall be entertained at a later date.

The formed finished concrete surfaces shall be free from honeycomb, blemishes, holes, surface defects, surface undulation etc. In no case such defects shall exceed 200 mm in any direction for individual spots or the continued area of such defects shall not exceed 0.2% of the entire area of related surface. Any variation beyond this limit shall be considered as a substandard work and shall be liable for rejection. The Engineer-in-Charge shall have the option to accept the so formed concrete at a reduced rate for defects exceeding this limit provided it is structurally adequate and due matching of defective patches is done by the contractor to the entire satisfaction of the Engineer-in-Charge.

Special care shall be taken to ensure that no stains are left on the formed concrete either from form work or exposed reinforcement bars. Such stains shall be removed by the contractor at no extra cost so as to match with adjoining concrete surfaces to the satisfaction or the Engineer-in-Charge. Shutter stipping solution/chemical of approved quality shall be used on shutter plates and use of burnt oil shall be avoided.

8.2. 15 Stages of concrete for individual components shall be as follows:

a) Cast in situ base slab / raft - In single stage

b) For walls - In suitable stages as approved by the . Engineer -in -charge



c) Pre-cast Segments - In single stage

For other RCC components, the stages of casting shall be as per directions of engineer-in-charge.

8.2.16 Protection of concrete below ground level

Concrete placed below the ground shall be protected from falling earth during and after placing. Concrete placed in ground containing deleterious substances shall be kept free from contact with such ground and with water draining there from during placing and for a period of seven days or as otherwise instructed thereafter. Approved means shall be taken to protect immature concrete from damage by debris, excessive loading, abrasion, vibrations, deleterious ground water, mixing with earth or other materials, and other influences that may impair the strength and durability of the concrete.

8.2.17 CONSTRUCTION JOINTS

Before the concrete is fully hardened, all latencies shall be removed by scrubbing the wet surface with wire or bristle brushes. Care shall be taken to avoid dislodgement of particles of coarse aggregate. The surface shall then be thoroughly wetted, all free water removed and then coated with neat cement grout. Particular attention shall be given to corners and close spots.

Construction joints in all concrete work shall be made as directed by the Engineer-in-Charge. Where vertical joints are required, these shall be shuttered as directed and not allowed to take the natural slope of the concrete. The stop end at construction joint shall be made from special expanded wire mesh of two / three layers to facilitate the reinforcement to pass through. Before fresh concrete is placed against a vertical joint, the old concrete shall be chipped, cleaned and moistened.

When a horizontal construction joint is formed, provision shall be made for interlocking with the succeeding layer by the embedment of saturated wooden blocks or wooden strips beveled on four sides to facilitate their removal. Prior to the next pour the wooden pieces shall be loosened and removed in such a manner as to avoid injury to the concrete. After about 8 to 12 hours of concreting, contact surface shall be hacked with a mechanical chisel or by sand blasting, to expose the aggregate surface and remove laitance. Immediately thereafter clean the surface using compressed air to remove all the dirt. The surface shall then be compressed air cleaned to remove all dirt. Before applying fresh concrete, the contact surface shall be wetted for at least 6 hours. After the surface has dried, two coats of cement paint shall be applied uniformly using a brush over the old concrete just before placing the fresh concrete. The fresh concrete shall be placed immediately after applying the cement



coats. The fresh concrete shall be thoroughly vibrated near the construction joint so that the mortar from the new concrete flows between the large aggregate and develop proper bond with old concrete. The construction joint shall ensure proper bond and leak proof joint.

Use of metal, rubber or plastic water stops is specified, this shall be cast into joints. Measures shall be taken by the Contractor to ensure that no displacement or distortion of water stops takes place during placing of concrete. The construction joints shall ensure proper bond and leak proof joint.

8.2.18 DEFECTS IN CONCRETE

a. Cracks

If external cracks developed in concrete construction are more than 0.2 mm and in the opinion of the Engineer-in-Charge, these are detrimental to the strength or the construction, the Contractor at his own expense will conduct 'Loading Tests' on the structure in the manner as specified elsewhere in this document. If under such test loads the cracks develop further, the Contractor shall dismantle the construction, carry away the debris replace the construction and carry out all consequential work thereto.

If any cracks develop in the concrete construction are not more than 2 mm or in the opinion of the Engineer-in-Charge, the cracks are not detrimental to the stability of the Construction, the Contractor at his own expense shall grout the cracks with neat cement grout or with other composition as directed by Engineer-in-Charge and also at his own expense and risk shall make good to the satisfaction of the Engineer-in-Charge all other works such as plaster, moulding, surface finish, which in the opinion of the Engineer-in- Charge have suffered damage either in appearance or stability owing to such cracks. The Engineer-in-Charge's decision as to the extent of the liability of the Contractor in the above matter shall be final and binding.

b. Honeycombing

If any concrete be found honeycombed or in any way defective, such concrete shall be cut out partially or wholly by the Contractor as per the directions of the Engineer-in-charge and made good at his own risk and cost using pressure grouting or any other technique. If Engineer-in-Charge feels that repaired structure will not be having same strength or shape or uniformity with other exposed surface as original desired structure, the same shall be rejected by Engineer-in-Charge and required to be dismantled and disposed by contractor at his own cost as instructed by Engineer-in-Charge. Decision of the Engineer-in-Charge shall be final binding in this regard.

On no account shall concrete surfaces be patched or covered up or damaged concrete rectified or replaced until the Engineer-in-Charge or his representative has inspected the works and issued written instructions for rectification. Failure to observe this



procedure will render that portion of the works liable to rejection. Contractor shall submit methodology for rectification of defects for approval. Proprietary products for concrete repair shall be used.

8.2.18.1 ADDITIONAL SPECIFICATIONS FOR PRECAST CONCRETE

The provision in this section shall be considered supplementary to general provisions for Concrete works covered under clause 7.1.1 and its sub-clauses.

A. HANDLING AND STORAGE

The precast units shall be stored as directed by the Engineer-in-Charge. The area intended for the storage of precast units should be surfaced in such a way that no unequal settlement can occur.

To prevent deformation of slender units, they should be provided with supports at fairly close intervals and should also be safeguarded against tilting. Lifting and handling positions should conform to the Engineer-in-Charge's directions and drawings. In addition, location and orientation marks should be put on the members, as and where necessary. During erection the precast units should be protected against damage caused by local crushing and chafing effects of lifting and transport equipment.

8.2.20 Curing of concrete

Curing of concrete shall be complete and continuous using water that is free of harmful amounts of deleterious materials that may attack, stain or discolour the concrete. The water used for curing shall confirm to the requirements or clause 302.4 of IRC: 21- 2000.

Immediately after compaction and completion of concreting, the concrete shall be protected from evaporation of moisture by means of polyethylene sheets, wet hessian cloths or other material kept soaked by spraying water. As soon as the concrete has attained a degree or hardening sufficient to withstand surface damage, moist curing shall be implemented and maintained for a period of at least 14 days after casting.

The top surface of the slabs and other horizontal surfaces shall be cured by impounding water (confirming to the requirements of clause 302.4 of IRC: 21- 2000) in cement / mud mortar bunds. Steeply sloping and vertical formed surfaces shall be kept completely and continuously moist prior to and during the striking of formwork by applying water to the top surfaces and allowing it to pass down between the formwork and the concrete. After removal of form, moist curing to be done by wrapping hessian cloth, etc. and keeping it moist by suitable means.

Approved non-wax base curing compounds can be applied on vertical and inclined surfaces, where water curing cannot be done reliably. Prior permission of the



Engineer-in-Charge will be necessary in such case, with no extra cost to the Department.

8.2.21 GRADE OF CEMENT CONCRETE

Only design mix concrete shall be used in the works for various structural members. The grades of concrete for various components of work shall be as specified in the relevant item and/or drawing. In case of any discrepancy, the grade of concrete as specified in item shall prevail unless otherwise approved by engineer-in-charge. However, this discrepancy must be brought to the notice of engineer-in-charge by the contractor before start of said concrete work for final decision.

8.2.22 COVER BLOCK

The Contractor shall provide approved type of supports for maintaining the bars in position and ensuring required spacing and correct cover of concrete to the reinforcement as called for in the drawings. Cover blocks of required shape and size, M.S. chairs and spacer bars shall be used in order to ensure accurate positioning of reinforcement. Cover blocks shall be cast well in advance and shall consist of approved proprietary pre-packaged free-flowing mortars (Conbextra HF as manufactured by M/s FOSROC Chemicals India Ltd or approved equivalent) of high early strength and same colour as surrounding concrete.

8.3 STEEL REINFORCEMENT FOR STRUCTURE

8.3.1 General

The reinforcement bars bent and fixed in position shall be free from rust or scales, chloride contamination and other corrosion products. Effective methods of cleaning will have to be used so that the steel is free from rust, scales and contamination. The decision of Engineer-in-Charge in this regard shall be final & binding.

8.3.2 Bending of Reinforcement

Bending of reinforcement shall be done as per bar bending schedule to be prepared and got approved by the contractor from Engineer-in-Charge or his authorized representative prior to commencement of work. The bar cutting and bending for 16mm and above diameters shall be done on bar cutting and bending machine only.

8.3.3 Placing of Reinforcement

Reinforcement left projecting from newly placed concrete shall be supported in such a way that there is no sag or risk of damage to the newly placed concrete. The projecting bars that are likely to be exposed for a long time shall be protected by a



coat of neat cement wash. These shall be thoroughly cleaned and wire brushed before depositing fresh concrete around it. No reinforcement bar shall remain exposed or projecting out of the concrete surface. These shall be removed or treated in a manner as directed by Engineer-in-Charge. The unwanted projected reinforcement bars shall he cut below the finished surface and the cut end painted with epoxy paint. Thereafter the surface shall be repaired to match the colour, texture or pattern of adjoining concrete to the satisfaction of Engineer-in-Charge.

8.3.4 Bar Splices

The location of joints in continuous reinforcing bars, not shown in drawings, shall be submitted to the Engineer for acceptance. If nothing contrary has been specified, the number of bars to be joined in any cross section shall not exceed one-third of the total.

8.4 PRECAST SEGMENTS

8.4.1 Casting, Handling, Storage, Transportation and Erection of Pre-Cast Segment. General – The Contractor shall submit detailed Method Statements for casting, handling, transportation and erection of pre-cast segments.

All handling and erection plant and equipment shall be load tested prior to their use at site or when specifically asked for by the Engineer-in-Charge.

8.4.2 Casting of Segments.Casting bed and forms shall be structurally adequate to support the segments without settlement or distortion. The casting bed shall be designed for the hardware needed to adjust and maintain grade and alignment. Special consideration shall be given to those parts of the forms that have to change in dimensions. Fittings shall not interfere with stripping of forms. Grading of the forms and the deck of each segment shall take into consideration the relative position of the member in the structure. Internal vibrators (25mm to 70mm) shall be used for the purpose of compaction white concreting the segments. However, external vibrators (minimum 500 watts) shall be necessary as a supplement as per directions of the Engineer-in-charge.Casting of segments shall be done in a single pour. Reinforcement steel shall be fabricated in cages and placed according to the Execution Drawing issued by Department. Any conflict or interference with the proper location of sheathing and / or reinforcement, or block outs shall be promptly resolved and corrections made as directed by the Engineer-in-Charge.

8.4.3 Handing and Storage of Segments.

The contractor shall be responsible for the proper handling, lifting, storing, transporting and erection of all segments so that they may be placed in the structure without damage. The pre-cast segments shall be store in manner prescribed by the Engineer –in-Charge. For the purpose of storage suitable raised platform shall be constructed by the contractor



at the casting yard. These platforms shall be such that there is no water logging near the platforms.

Segments shall be maintained in an upright position of all times and shall be stored, lifted and / or moved in a manner to prevent torsion and other undue stress. Members shall be lifted, hoisted or stored with lifting devices approved on the shop drawings.

The stress induced during any stages of construction shall not exceed 50% of the cube strength achieved at that state. In addition, the following limitations shall be observed.

a) The segment shall not be lifted from the casting bed till the concrete reaches strength of M-25.

b) The age of the concrete shall not be less than 14 days at the time of its erection and shall have achieved its specified 28 days strength .

8.4.4 Transportation & Erection of Segments.

As far as practical, the movement of segments shall be done at night or early morning, so that the disturbance to traffic at the ground level is minimized. Mobile crane of adequate capacity and boom length shall be mobilized by the Contractor for transferring the segment from ground level to bed level for the purpose. The transportation and movement of the segment, at ground level shall be done by low bedded trailers.

8.4.5 Miscellaneous

The entire construction work shall be geared towards minimizing disruptions to road traffic as well as speed of construction. Also, the occupation of roads during all construction activities shall be reduced to minimum and subject to the approval of the Engineer-in-Charge.



ANNEXURE ‘E’

FORM OF BANK FUARANTEE TO SECURE A MOBILISATION ADVANCE/ LUMP-SUM ADVANCE

To,

Commissioner MCD

1. In consideration of the Commissioner MCD (hereinafter called MCD which expression shall unless repugnant to the subject or context include his successors and assigns) having agreed under the terms and conditions of Contract No-------------------------dated----------------------made between----------------------------------------------------and the MCD in connection with ---------------------------------------------------(hereinafter called “the said Contract”) to make at the request of the Contractor a Mobilization advance of Rs. ---------------------------------------for utility it for the purpose of the Contract on his furnishing a guarantee acceptable to the MCD, we the --------------------------Bank Ltd. (hereinafter referred to as the said Bank”) a company under the Companies Act. 1956 and having our registered office at -------------------------do hereby guarantee the due recovery by the MCD of the said advance with interest thereon as provided according to the terms and conditions of the Contract. We---------------------do hereby undertake to pay the amount due and payable under this Guarantee without any demur, merely on a demand from the MCD stating that the amount claimed is due to the MCD under the said Agreement. Any such demand made on the -----------------------------------shall be conclusive as regards the amount due and payable by the ----------------------------------------under this guarantee and the ----------------------------------agree that the liability of the ---------------------------to pay the MCD the amount so demanded shall be absolute and unconditional notwithstanding any dispute or disputes raised by the Contractor and notwithstanding any legal proceeding pending in any Court or Tribunal relating thereto. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs.--------------------------.

2. We ------------------------Bank Ltd. further agree that the MCD shall be the sole judge of and as to whether the said Contractor has not utilized the said advance or any part thereof for the purpose of the Contract and the extent of loss or damage caused to or suffered by the MCD on account of the said advance together with interest now being recovered in full and the decision of the MCD that the said Contractor has not utilized the said advance or any part thereof for the purpose of the Contract and as to the amount or amounts of loss or damages caused to or suffered by the MCD shall be final and binding on us.

3. We the said Bank further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Contract and till the said advance with interest has been fully recovered and its claims satisfied or discharged and till interest has been fully recovered from the said Contractor and accordingly discharges this Guarantee subject, however, that the MCD shall have no claims under this Guarantee after-----------------------years from the date of completion of



the said Contract, as the case may be, unless a notice of the claim under this Guarantee has been served on the Bank before the expiry of the said period of -------------------- years in which case the same shall be enforceable against the Bank notwithstanding the fact that the same is enforced after the expiry of the said period of --------------years.

4. The MCD shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee or indemnity, from time to time to vary any of the terms and conditions of the said contract or the advance or to extend time of performance by the said Contractor or to postpone for any time and from time to time any of the powers exercisable by it against the said Contractor and either to enforce or forbear from enforcing any of the terms and conditions governing the said Contract or the advance or securities available to the MCD and the said Bank shall not be released from its liability under these presents by any exercise by the MCD of the liberty with reference to the matters aforesaid or by omission on the part of the MCD or any indulgence by the MCD to the said Contractor or of any other matter or thing whatsoever which under the law relating to sureties would but for this provisions have the effect of so releasing the Bank from its such liability.

5. It shall not be necessary for the MCD to proceed against the Contractor before proceeding against the Bank and the Guarantee herein contained shall be enforceable against the Bank notwithstanding any security which the MCD may have obtained or obtain form the Contractor shall at the time when proceedings are taken against the Bank hereunder be outstanding or unrealized.

6. We the said Bank lastly undertake not to revoke this Guarantee during its currency except with the pervious consent of the MCD writing and agree that any change in the constitution of the said Contractor or the said Bank shall not discharge our liability hereunder

Dated this------------day of -----------------20

For and on behalf of the Bank

(Name and Designation)

The above Guarantee is accepted by the commissioner MCD ----------------

For and on behalf of the Commissioner MCD --------------dated --------------(Name of Designation)

Note

*For Proprietary Concerns

Shri________________________son, of______________________



Resident of______________________________________________Carrying on business under the name and style of______________________________at_______________________(hereafter called the said contractor which expression shall, unless the context require or otherwise include his heirs, executors administrators and legal representative)

*For partnership concerns

1. Shri____________________son of____________________________ resident of________________________________________________

2. Shri____________________son of____________________ resident of ____________________________

and carrying on business in co-partnership under the name and style of___________________at_____________________________________(hereinafter collectively called “the said Contractors which expression shall unless the context requires otherwise include each of them and their respective heirs,executors, administrators, administrators, and legal representatives)

*For Companies__________________________________________A company under the companies Act,1956 and having its registered office at________________________In the state of____________________________(hereinafter called “the said contractor” which expression shall unless the context requires otherwise include its successors and assigns)

*Fill in name of the blanks



ANNEXURE-FGUARANTEE TO BE EXECUTED BY CONTRACTORS FOR REMOVAL OF

DEFECTS IN DEFECT LIABILITY PERIOD.

The agreement made this --------------------- day of ------------------------- between M/s---------------------------------------------------------------------------------------------------------------- (hereinafter called the Guarantor of the one part) and the commissioner MCD (hereinafter called the MCD of other part)

WHEREAS THIS agreement is supplementary to a contract (hereinafter called the Contract) dated-------------------------, and made between the GUARANTOR OF THE ONE part and the Commissioner MCD of the other part, whereby the Contractor, interalia undertook to construct the work of Remodeling and covering of Subhash Nagar Drain the said contract recited completely.

AND WHEREAS THE GUARANTOR agreed to give a guarantee to the effect that the said structure will remain safe and defect free for ten years to be reckoned from the date after the maintenance period, prescribed in the contract, expires.

During this period of guarantee, the guarantor shall make good all defects ( only in main structural work) if any to the satisfaction of the Engineer-In-Charge, at his cost and he shall commence the work for such rectification within seven days from the date of issue of the notice from the Engineer-In-Charge calling upon him to rectify the defects, failing which the work shall be got done by the Department through some other contractor at the GUARANTOR’s cost and risk. The decision of the Engineer-In-Charge as to the cost, payable by the Guarantor shall be final and binding.

That if the Guarantor fails to execute the rectification works or commits breach there under, then the Guarantor will indemnify the Principal and his successors against all loss, damage, cost, expense or otherwise which may be incurred by him by reason of any default on the part of the Guarantor in performance and observance of this supplementary agreement. As to the amount in performance and observance of this supplementary agreement. As to the amount of loss and/or damage and/or cost incurred by the MCD, the decision of the Engineer-In-Charge will be final and binding on the parties. IN WITNESS WHEREOF these presents have been executed the Obligor-----------------------and by -----------------------------------for and on behalf of the Commissioner, MCD. on the day, month and year first above written.

Signed, sealed and delivered by Obligor in the presence of

1.

2.Signed for and on behalf of Commissioner, MCD. by Executive Engineer Pr. West-II MCD. in the presence of

1

2




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