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Punjab School Education Board(CONSTRUCTION WING)

E-TENDERING NOTICE

E-Tender notice for the New Construction and Maintenance of Eleven Adarash Senior

Secondary Schools Buildings in Six Distt. (S.B.S. Nagar, Amritsar, Ferozpur, Moga, Shri Mukatsar

Sahib and Bathinda) of Punjab.

********

You are requested to quote the rates for the above mentioned work from pre qualified

firms/ contractors by Construction Wing of Punjab School Education Board, vide letter no- 3604-

3608 Dated:- 12-09-2008 on the prescribed tender for costing Rs. 5000/- (Non Refundable) which

will be available in the website tender notice and other details can be downloaded from the web

site http//etender.punjabgovt.gov.in no separate hand copy will be given from this office if any

technical difficulty please contact help desk no. 0172-3070825. For any quarries regarding

uploading of tender kindly contact on following No. 9257209340, 8054628821,0172-3934667.

Bidding Schedule

1 Estimated cost Rs. 10,69,27,972/-

2 Tender Fee Rs.5000.00

3 Tender Processing Fee Rs. 5618.00

4 Earnest Money Rs. 10.00 Lacs

5 Time limit Upto 31 march 2014

6 Document Download Start Date and

Time

05-07-2013, 10:00 AM

7 Date and Time of pre bid meeting 08-07-2013, 3:30 PM In under signed office

8 Document Download end Time and

Date

12-07-2013 till 12 Noon

9 Bid Submission start Date and time 12-07-2013 his from 3:00 PM

10 Bid submission end Date and Time 15-07-2013 till 3:00 PM

11 Tender opening Date and Venue 15-07-2013 at 3:30 PM at Chief Engineer Punjab

School Education Board office Sector-62, Mohali.

Note:

1) Earnest money and tender fee (in the form of Bank cheque/ Demand Draft) in favourof Chief Engineer, Punjab School Education Board, Mohali, payable at Mohali to be

submitted physically at the office of chief Engineer Punjab School Education Board,

Mohali and tender Processing fee through online mode before submission of tender.

2) Bidder who wish the participate in this tender will have to registered onhttp//etender.punjabgovt.gov.in

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3) To participate online tender bidder shall get them self registered with E-tenderingportal http//etender.punjabgovt.gov.in and have to procure digital signature

certificate as per information technology act 2000. For the procurement of digital

signature and user ID Password. May contact on following No. 9257209340,

8054628821, 0172-3934667.

4) The amount of Earnest money may be adjusted from the current bill/security onwritten request of working contract.

5) If it happens to a holiday, than tender shall be opened the next working day at thesame time.

6) The Chairperson Punjab School Education Board, Mohali reserve the right to rejectall/any application received from the firm without assigning and reason thereof.

Chief Engineer

Punjab School Education Board

Mohali.

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Form of tender for works

To

Chief Engineer,

Punjab School Education Board,Ajitgarh (Mohali).

Dear Sir/s,

Having duly examined the tender document including the drawings, specifications,

designs, schedule of quantities relating to the works specified in the underwritten

memorandum and having visited the site of the said works and having acquired all the

requisite information relating thereto as affecting this tender, I/we hereby offer to execute

the works specified in the under written memorandum within the time specified therein at

the rates specified in the schedule of quantities and in accordance in all respects, with the

specification , designs, drawings, and instructions in writing referred to in the conditions,

the schedule of quantities of agreement, special conditions, the schedule of quantities and

conditions of contract and with such materials as are specified by and in all other respects

in accordance with such conditions in the schedule of quantities and conditions of contract

so far as applicable.

Contractor

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GENERAL INSTRUCTION OF CONTRACTORS

AND CONDITIONS OF TENDER

1. The tenderer must use only the form issued by the employer to fill in the rates.

2. a) The tender form must be filled in English and all entries must be made by hand and

written in ink. If any of the documents is missing, or unsigned, the tender may be

considered invalid by the employer in its direction.

b) Rates should be quoted both in figure and words in columns specified. All erasers

and alterations made while filling the tender must be attested by initials of the tenderer.

Overwriting of figures is not permitted failure to comply with either of these conditions will

tender the tender void at the employers option. No advice of any change in rate orconditions after the opening of the tender will be entertained. Overwriting is not permitted.

c) Each of the tender documents should be signed by the person or persons submitting

the tender is token of his/their having acquainted himself/themselves with the general

conditions of contract specifications special conditions etc.as laid down. Any tender with

any of the documents not signed will be rejected.

d) The tender submitted on behalf of a firm shall be signed by all the partners

of the firm or by a partner who has the necessary authority on behalf of the firm to enter

into the proposed contract. Otherwise the tender may be rejected by the employer.

3. The employer does not bind itself to accept the lowest or any tender and reserves to

itself the right to accept or reject any or all the tenders either in whole or in par, without

assigning any reasons for doing so.

4. a) Intending tenders shall pay as earnest money a sum ofRs. 10.00 Lacs by a Demand

Draft drawn on a schedule bank in favour of Chief Engineer, Punjab School Education

Board, Ajitgarh (Mohali).

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b) A tender which is not accompanied by earnest money will not be considered. The

earnest money will be returned to the tenderer if his tender is not accepted but without any

interest.

c) Under no circumstances earnest money deposit will be accepted in the form of fixed

deposited receipts or bank or Insurance Guarantee or cheque.

5. The earnest money deposit ofRs. 10.00 Lacspaid by the successful tenderer shall

be held by the Employer as security for execution and due fulfillment of the contract. No

interest shall be paid on the said deposit.

6. On receipt of intimation form the employer of the acceptance of his/their tender the

successful tenderer shall be bound to implement the contract and with in fourteen days

there of the successful tenderer shall sign an agreement in acceptance by the employer of a

tender will constitute abinding contract between the employer and the person so tendering

whether such formal agreement is or is not subsequently executed.

7. All compensation or other sums of money payable by the contractor to the employer

under the terms of this contract may be deducted form his earnest money and the security

deposit if the amount so permits and the contractor shall, unless such deposit has become

otherwise payable with in ten days after such deduction make good in cash the amount so

deducted.

8. The contractor shall not further assign the contract. He shall no sublet any portions

of the contract expect with the written consent of the employer. In case of breach of there

conditions the employer may serve a notice in writing on the contractor rescinding the

contract there upon the security deposit shall stand forfeited to the employer, without

prejudice to his other remedies against the contractor.

9. The contractor shall carry out all the work strictly in accordance with drawings,details and instructions of the Engineer-in-charge. If in the opinion of the employer

changes have to be

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Made in the design and with the prior approval in writing of the employer they desire the

contractor to carry out the same, the contractor shall carry out the said without any extra

charge. The Employers decision in such cases shall be final and shall not be open to

arbitration.

10. A schedule or probable quantities in respect of each work and specifications

accompany these special conditions. The schedule of probable quantities is liable to

alteration by omissions deduction or additions to any extent at the discretion of the

employer and payments will be regulated on the actual quantities of work done at accepted

rates. Each tender should contain not only the rates but also the value of each item of work

tendered in a separate column and all the items should be totaled in order to show the

aggregate value of the entire tender.

11. The tenderer must obtain for himself on his own responsibility and at his own

expenses all the information which may be necessary for the purpose of making a tender

and for entering into a contract and must examine the drawings and must inspect the site of

the work and acquaint himself with all local conditions means of access to the work nature

of work and all matters pertaining there to.

12. The rates quoted in the tender shall include all charges for clearing of site before

commencement as well as after completion water, electric consumption, meters, double

scaffolding centering, mixing staging, planking, timmering and pumping out water

including balling, fencing, hoarding, plant and equipment storage sheets, watching and

lighting by night as well as day including Sundays and holidays, temporary plumbing and

electric supply, protection of public and safety of adjacent roads, streets, cellars, vaults,

ovens, pavements, walls houses, buildings and all other erections, matters or things and the

contractor shall take down and remove any or all such centering., scaffolding, staking,

planking, timbering, structting, shorting etc. as occasion shall require or when ordered so to

do, and fully reinstate and make good all matters also maters and things disturbed during

the execution of work and to satisfaction of the Employer. The rates quoted shall be

deemed to be for the finished work to be measured at site. The rates shall also be firm and

shall not be subject to exchange variations, labour conditions, fluctuations in railway

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freights sor any conditions whatsoever. Tenderers must include in their rates contract tax,

sales tax, excise duty, octroi and any other tax any duty or other levy levied by the Central

Government or any State Government or local authority, if applicable. No claim in respect

of Sales Tax, excise duty, ocatroi or other tax duty or levy whether existing or future shall

be entertained by the Employer.

13. The contractor should not that unless otherwise stated the tender is strictly on item

rate basis and his attention is drawn to the fact that rates fro each and every item should be

correct. Workable and self supporting. The item should be correct, workable and self

supporting. The quantities in the schedule of quantities approximately indicate the total

extent of work but may vary to any extent and may even be omitted thus altering the

aggregate value of the contract. No claim shall be entertained on this account.

14. Time allowed for carrying out the work as mentioned in the Memorandum shall be

strictly observed by the contractor and it shall be reckoned form the written order to

commence the work is issued. The work shall throughout the stipulated period of the

contract be proceeded with all due diligence and if the contractor fails to complete the work

within the specified period he shall be liable to pay compensation as defined in the

conditions of contract. The tenderer shall before commencing work prepare a detailed work

programme which shall be approved by the Employer.

15. The contractor shall not be entitled to any compensation for any loss suffered by

him on account of delays in commencing of executing the work, whatever the cause of

delays may be, including delays arising out of modifications to the work entrusted to him or

in any sub contract connected therewith or delays in awarding contracts for other trades of

the project or in commencement or completion of such works or in procuring Government

controlled or other building materials or in obtaining water and power connections for

construction purpose or for any other reason whatsoever and the Employer shall not be

liable for any claim in respect thereof. The Employer does not accept liability for any sum

besides the tender amount, subject to such variations as are provided for herein.

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16. The successful tenderer is bound to carry out any items of work necessary for the

completion of the job even though such items are not including in the quantities and rates.

Schedule of instructions in respect of such additional items and their quantities will be

issued in writing by the employer.

17. The successful tenderer must co-operate with the other contractor appointed by the

employer so that the work shall proceed smoothly with the least possible delay.

18. The contractor must bear in mind that all the work shall be carried out strictly in

accordance with the specification made and also in compliance of the requirements of the

local public authorities and no deviation on any account will permitted.

19. The rate quoted in the tender shall also include electric consumption charges for

power. If no power is available at the site, the contractor shall have to make his own

arrangements to obtain power connections and maintain at his own expense an efficient

service of electric light and power shall pay for the electricity consumed. The Employer

shall give all possible assistance to the Contractor to obtain the requisite permission from

the various authorities, but the responsibility for obtaining the same shall be that of the

contractor.

20. The contractor shall strictly comply with the provisions of safety code annexed

hereto.

21. The contractor deposit of the successful tenderer will be forfeited if he fails to

comply with any of the conditions of the contract.

22. The contractor will be required to insure the work and keep it insured until one

month after the date of taking over the works/installations by the employer, or otherwise in

terms of the contract, against loss or damage by the fire and other unusual risks other the

risks excepted in terms of the contract, with an insure whose name is to be approved by the

Employer.

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23. The contractor is required to comply with all acts of Government relating to labour

and the Rules and Regulations made there under form time to time and to submit at the

proper times all particulars and statements required to be furnished to the Labour

Authorities.

24. The employer further reserves the right to delete or reduce any item or section of the

bills of quantities without assigning any reason whatsoever therefore and no claim will be

entertained in this regard.

25. The work shall be carried out under the directions and supervision of and subject to

the approval in all respects by the Chief Engineer.

26. On acceptance of the tender the contractor shall in writing and at once inform the

employer the name of his accredited representatives who will be responsible to take

instructions form the employer.

27. Employer has the discretion to reduce the work by deleting the top floor.

Contractor Chief Engineer

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Punjab School Education Board

Additional particular terms and conditions1. a) The tenders will be received by the Chief Engineer, Punjab School Education Board

at his office located at Phase-VIII SAS Nagar, upto15.00 hrs. on Dated: 15-07-2013 and

the same will be opened by him on the same day at 15.30 hrs.

In case the above date of opening of the tender happens to be holiday, the tenders

shall be opened on the next working day at 15.30 hrs.

(b) The Punjab School Education Board will not be responsible for any delay or any

account in respect of tenders sent by post.

2.(a) An earnest money @2% of the quoted amount subject to a maximum ofRs. 10.00

Lacs of the work shall accompany the tender. Earnest money shall be deposited in the form

of demand Draft or deposit at call receipt from a scheduled Bank, Payable at Punjab and

Sind Bank Phase-VIII, Ajitgarh and duly pledged in favour of the Chief Engineer, Punjab

School Board, Cheque shall not be accepted.

(b) In case it is intended to place the work order/contract order on the contractor, the

earnest money shall become part of the security deposit for the faithfully execution of the

work, otherwise the same will be returned in case of unsuccessful tenderers.

(c) Security @ 5% shall be deducted from each running bill for the work done. The

security deposits shall be released after the completion of work, after guarantee period, and

clearance of the accounts. The Earnest Money will become part of security.

3) Tenders shall be submitted on the prescribed DNIT form only and it is obligatory to

purchase the tender form.

4) The completion period for this work shall be which will be reckoned 15 days after

the date of issue of the letter of allotment. The contractor shall contact the Engineer-in-

charge for taking the layout as well as the drawings for taking the work in hand . In case the

contractor delays in taking the lay-out and the drawing deliberately, the period so wasted

shall be treated as willful delay in starting the work.

5) The validity of this tender shall be 90 days. The contractor who put a condition for

lesser validity period his tender shall not be considered.

6) The contractor shall initial all corrections in his tender as regards the percentage,

items, notes, etc. The tender shall be filled in ink.

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The acceptance of the tender shall rest with the competent authority of the Punjab

School Education Board who does not bind himself to accept the lowest tender and reserves

the right to reject any or all the tenders or accept any tender without assigning any reason

whatsoever without any compensation.

7) Ceiling Zonal premium as prevailing on the date of opening of the tender shall

applicable. If the ceiling zonal premium is revised ex-post facts after the date of opening of

the tenders, the revised ceiling zonal premium shall be applicable. All the correction slips

issued by the Chief Engineer, Punjab P.W.D. (B&R) Patiala , to the CSR Punjab PWD

specification upto and including the date of opening of the tenders shall be applicable and

legally binding separate rates for non-scheduled items are to be quoted.

The contractors are supposed to have in their possession for consultation the P.W.D.

Specification which will form a part of the contract agreement.

8) No payment on account of sales tax, octroi or any other taxes, paid by the

contractor for the procurement of the materials required for use on the work, will be made

by the Punjab School Education Board. The rates should be quoted taking into account all

taxes and duties.

9) The Contractor shall be required to sign the contract agreement within 15 days of

the placement of the letter of allotment. Failure or delay on his part to do so, may result in

invalidation of the contract and for entire of the earnest money. No payment including the

mobilization advance if any shall be made to the contractor without the signing of the

contract agreement. Agreement shall be executed on a non-judicial stamps paper worth Rs.

2000/- the cost of which shall be borne by the contractor. The non-judicial stamp papers are

to be purchased from the Tehsil Headquarter at Distt: Ajitgarh (Mohali). The original

contractor agreement shall remain in the custody of the office of the Chief Engineer and an

attested copy or photocopy shall be made available to the contractor for his use.

10) No claim of any kind whatsoever shall be entertained for any losses or damages to

the contractor due to the completion of work getting delayed as a result of the failure or

delay on the part of the Punjab School Education Board to supply, drawings, materials etc.

to be supplied by the PSEB.

The contractor will be required to execute the work complete in all respects at his

cost and accepted rates which shall be firm. No claim on account of increase in the prices of

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material and labour etc. due to war or any other reason whatsoever shall be entertained by

the Punjab School Education Board. No claim on account of labour having been rendered

idle on account of delayed supply of drawings stoppage and scrutiny or running or final

accounts of work or any other reason shall be entertained. In all such cases, where the work

is delayed due to no failure on the contractor side extension in time in completion of work

will be considered and allowed on merits.

11) In case of emergency, the contractor shall be required to pay his labour everyday

and if this is not done, the Chief Engineer of Punjab School Education Board, shall

beauthorized to make the requisite payment and recover the same from the contractors bill,

securities.

12) The contractor shall have in his possession adequate pumping set for pumping out

water and blush for carrying out the work speedily and efficiently. He shall also have in his

possession and mechanical mixture and vibrator, petrol or diesel for mixing, placing and

compacting reinforced cement, concrete work to the satisfaction of the Engineer-in-charge.

13) The contractor shall have to make his own arrangements for procuring good labour

required for the construction and completion of the work. The contractor shall have to make

his own arrangements for the accommodation for his labour and stores during the execution

of the work to the satisfaction of the engineer in charge. Suitable place without any charges

shall be made available on its land by the Punjab School Education Board for making

temporary stores and labour huts. The living conditions of the labour shall have to be in

accordance with the fair wage clause regulations of the P.W.D. Punjab.

Before the Building is handed over and a completion certificate is issued by the

department having accepted the work, the contractor shall have to dismantle the temporary

store, huts, and clear the lands made available to him for the above use, otherwise the

completion certificate shall not be issued to him.

14) No pits shall be dug by the contractor in the plot of the Punjab School Education

Board for using the clay sails/earth for any kind of use for the construction of temporary

hutments or any work connected with the main building.

15) The samples for the various materials including the works already done at site like

plaster, brick work, concrete , may be collected by the Engineer-in-charge to get them

tested from any laboratory meant for this purpose. In case, the results of the laboratory

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shows inferior materials being used at work or the strength of the finished materials is not

according to the specifications, the entire work can be rejected or the rate for the entire

work if particular item shall be reduced in proportion to the ratio found inferior and the

decision of the Executive Engineer of the Board shall be final. The cost of tests shall be

borne by the department.

16) All letters to the contractor by ordinary mail or by registered post on the address

given by him at the time of tendering shall be deemed to have been delivered to him in

normal course of time.

17) The contractor shall have to furnish a certificate of clearance of income tax from the

income tax department along with the tender documents at the time of tendering or within

30 days of the date of issue of letter of allotment. If he fails to furnish the same, he may

render himself liable for the forfeiture of the earnest money and may make his tender

invalid irrespective of the fact that his tender is the lowest. Income tax, Sale Tax (VAT),

any cess and any other Tax as applicable by the government shall be recovered from his

running bills.

18) In case sectional officer or the Sub-Divisional Engineer-in-charge of the work feels

that some clause of contract agreement is being contravened by the contractor, he shall be

deemed to have been authorized by the Chief Engineer of the work to stop the work and the

contractor will not be entitled to any claim arising from this act.

19) The materials issued by the board for bonafide use of the works shall be kept in the

joint custody of the Sectional Officer of the Board and the contractor. However, in case of

any shortage or theft taken place due to any fault, the full responsibility for the loss of the

goods at the market rates shall be of the contractor.

The contractor shall also be responsible for any loss or damage of the material

during transit. The material shall be stored as per specifications and as per instructions of

the Engineer-in-charge at the cost of the contractor.

20) The work at different stages shall be passed by the sectional officer and sub-

divisional in charge of the work. The contractor will not move to the next stage unless the

previous stage has been passed by the S.D.E.

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21) Advance payments and secured advances etc. as permissible in the PWD B&R

department rules, shall be allowed to the contractor whether specifically mentioned by him

at the time of tender or not.

22) Labour and supervisory staff of the contractor shall be subject to the security and

any other check by the Punjab School Education Board.

23) If the bricks are found not upto the required specification, the sorting out of the

same shall be done by the contractor at his own cost. In case of failure, the department shall

be empowered to carry out the sorting and stacking the same at the risk and cost of the

contractor.

24) All legal proceedings in connection with this contract will be subject to the

jurisdiction of the local courts at Ajitgarh (Mohali). In any case before going to the courts,

the contractor shall have to exhaust the arbitration clause as contained in F-II.

25) Extra Itemsi) In case as a result or revision of drawing/design during the currency of the work if

certain new items are cropped up beyond the scope of the DNIT. Such items will be treated

as extra items and shall be carried out on written order of the Executive Engineer.

ii) Such items covered under the CSR shall be got executed at the premium quoted in

the tender by the contractor for similar work, in the same chapter or ceiling zonal premium

whichever is lesser. In case of item for which no similar item has been quoted from the

chapter, full ceiling zonal premium shall be paid.

iii) Items which can be derived out from the similar type of items in CSR shall be

derived out and zonal premium as quoted for these items shall applicable to arrive at the

final items independently or collectively.

iv) Items which can not be derived out as in (iii) (II) above shall be paid as:

a) 10% contractors profit on the cost of material actually used in the execution of the

works including usual permissible wastages or as actually observed by the Engineer-in-

charge.

b) 211/2

% profit on the actual labour engaged by the contractor for execution of the

work to be observed and recorded by the contractor and deptt. Jointly:

For the rates of the materials the contractor shall submit his vouchers in original to be

verified by the Engineer-in-charge deptt and the rates verified by the Deptt. shall be final

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and binding on the contractor. 10% and 211/2

% profit (as in a & b) above shall cover

supervision, overhead and T & P charge (including consumables except welding rods) etc.

if any and nothing extra shall be

Paid for it. 10% profit shall not be paid for items of material issued from stores by the

Deptt. Such as cement, labour rates shall be paid maximum as permissible in CSR.

26) The contractor shall have to obtain temporary electricity connection from the

Punjab State Electricity Board and shall have to remit the monthly bills to the concerned

office. The Punjab School Education Board shall only recommend the bonafide use of the

energy in favour of the contractor.

27) Concrete mixes shown in structural drawings as per provision of I.S. 456 latest

edition are to be read as equivalent mises as per common schedule of rates, 1987. For

example m-150 shall be equivalent at RCC 1:2:4 and M-200 as l: 11/2

:3 and so on.

28) Individual items can be increased or decreased as per requirement of the work upto

any limit or can be completely deleted subject to the provision that the total contract value

may not increase or decrease beyond 20%.

29) The above particular terms and conditions shall read on conjunction with the terms

and conditions of form F-II and in case of any variance, the decision of the Chief Engineer

shall be final.

30) The competent authority reserves the right to divide this work between two or more

contractors without assigning any reason.

31) Testing of cubes: Since massive concrete work is involved in the building,

therefore, sample of the concrete in the shape of cubes as per IS 456 shall have to be taken

and tested for strength. The number of cubes shall be taken from each day/lot concrete as

per ISI requirements and the same shall be got tested by the Department from some private

or Govt. Agency at Chandigarh. The cost of the testing of concrete cubes shall have to be

borne by the contractor.

Contractor Chief Engineer

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OTHER IMPORTANT TERMS AND CONDITIONS TO BE FOLLOWED BY THE

TENDERER

1. The unit rate of each item given in the specification including erection shall be

quoted. The qty. of the material shown can be increased or decreased.2. The contractor should quote their rates in words as well as in figures.

3. All materials will strictly confirm to relevant PWD/IS specification.

4. All the details drawings/layout should be got approved from Chief engineer, Punjab

School Education Board. Mohali before taking the work into hand and the specifications for

masonry work shall also be supplied.

5. All Materials will be arranged by the contractor.

6. Deviation from any of the clauses of this specification on shall be clearly pointed

out. Clauses not as commented shall be taken as having as having met with acceptance of

the tenderer and binding on him.

7. VALIDITY

Tenders shall mention the period of validity of the tender rates etc. which period

shall not be less than 90 days from the date of opening of tender. The tender with lesser

validity is liable to be rejected. If any tenderer amends/revises his offer with in validity

period (after the tenders have been opened) shall be black listed. If the validity period is not

specifically indicated by the tenderer the same shall be assumed as the minimum indicated

above.

8. Defects After completion

Any defect which may appear within the defects liability period stated in the

separate sheet here to or, if not stated/pointed out than within 3 months after the

completion of the works arising in the opinion of the Engineer-in-charge from material or

workmanship not in accordance with the contract shall upon the direction in writing of the

Engineer-in-charge and

with in such reasonable time as shall be specified there in be amended and made good by

the contractor at his own risk and cost unless the Engineer-in-charge, decides that he sought

to be paid for such amending and making good in case of default the Engineer-in-charge or

any other person to amend and make good such defects.

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9. Firm only with experience on such type of works will be considered list of such

works carried out in the past should be attached with the tender.

10. VARIATIONS

No claim for an extra shall be allowed unless it shall have been executed by the

authority of the Employer as here in mentioned. Any such extra is herein referred to as an

authorized extra. No variations i.e. additions, omissions or substitutions shall vitiate the

contract.

The rates of items not included in the schedule of quantities shall be settled by the

Employer in accordance with the following rules:-

a) If the rates for the additional, altered or substituted work are specified in the

contract for the work, the contractor is bound to carry out the additional, altered substituted

works at the same rates as are specified in the contract for the work, the contractor is bound

to carry out the additional, altered and substituted works at the same rates as are specified

in the contract for the works.

b) If the rates for the additional altered or substituted works are not specifically

presided in the contractor for works or work as are specified in the contract for the work.

c) If the rates for the addition, altered or substituted works can not be specified in the

sub-clause (a), (b), above the rate shall be derived on the basis of cost of materials and

labour (rates for materials and labour will be as per the prevalent marked rates for the

same), the overheads, supervision and profits etc.

11. Secured Advance

75% of cost of material as secured advance against material (Non-perishable)

supplied/brought at site will be allowed and to be recovered in the subsequent running bill.

12. Security

5% security deducted from the running bill will be released after 3 months of the

completion of work and final payment is made.

13. Mobilization Advance

On application by the contractor, mobilization advance to the extent of 5% of the

value of the work may be paid to the contractor at an interest of 12% per annum after the

fulfillment of following conditions before payments:-

(i) The contractor shall have physically completed at least 2% of the value of work.

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(ii) The contractor shall have collected at site usable machinery and materials valuing at

least 5% of values of work and the same shall be hypothecated to Engineer-In-Charge by

designation. The material shall not be pledged for obtaining secured advance.

The recovery of mobilization advance and interest there of shall start when 20% of the

work is completed and shall be fully made when 80% of the work stands completed.

14. Variation in prices:To compensate for the general rise or fall in prices of labour and material (excluding

the materials supplied at fixed rates by the department in accordance with clause 10) the

contractors payment shall be adjusted for such increase or decrease as per provisions

detailed below subject to the condition that compensation for escalation in price shall be

available only for work done during the stipulated period of the contract including such

period for which the contract is validity extended under the provisions of clause 5 (Form F-1) of the contract without any action under clause 2 (Form F-1) and also subject to the

condition that no such compensation shall be payable for a work for which the stipulated

period of completion is six months or less.

The amount certified in each payment certificate shall be adjusted by applying the

respective price adjustment factor to the net amount due for payment after recovery of

material issued at fixed rates exhibited the Notice Inviting Tender as under:

P=0.35+0.65XIm/10

Where p, is the adjustment factor for the portion of the contract price. II Im is the official

wholesale price index published by the Ministry of Economic affairs at the end of the

calendar month prior to preparation of the bill.

To Lo is the official whole sale price index published by the ministry of Economic affairs at

the end of the calendar month previous to the one in which the bids comprising the contract

were received.

If the value of the index is changed or amended after it has been used in a

calculation for a particular payment a correction shall be applied and an adjustment made in

the next payment certificate. The index value is deemed to take into account of all changes

in cost due to situation and nothing extra shall be payable or deduct able on account of

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variation in prices. The contractor shall furnish documentary evidence of the whole-sale

price index from time to time to facilitate calculations for variation in prices.

(i) No escalation is to be paid for the work done in the first six months irrespective of

the time period specified.

(ii) The date of Tender for the purpose of escalation will be reduced as the date on

which final financial bid is submitted or rate negotiated is later.

15. Preferably Mason and Labour etc. should be arranged by the contractor from the

same village or nearby area of construction.

Chief Engineer

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FAIR WAGE CLAUSE

a) The contractor shall pay not less than fair wage to labour engaged by him on thework. Fair wage means wage whether for time or piece work notified at the inviting

tenders for the work and where such wages have not been so notified, the wages prescribed

by the Deputy Commissioner for District in which the work is done.

b) The contractor shall not with standing the provisions of any agreement to thecontrary, cause to be paid fair wage of labourers indirectly engaged by him on the work in

claiming any labour engaged by his sub-contractor in connection with the said work if the

labours had been directly employed by him.

c) In respect of all labour directly or indirectly employed had been directly employedon the works for the performance of the contractors part of this agreement the contractor

shall employ with or cause to be complied with the Punjab Govt. Contractors labour

Regulations made by the Government from time to time in regard of payment of wages,

wage period, deductions from wage and other terms of employment of inspection and

submission of periodical returns and all other matters of alike nature.

d) The Engineer-in-charge concerned shall have the right to deduct from the moneydue to the contractor and any sum required for estimate to be required for making good the

loss suffered by worker or workers by the reasons of non-fulfillment of the conditions of

the contract for the benefits of the work.

N.B. : For non payment of wages or deduction made from him or their wags, which are

not justified by the terms of contract or for observance of the regulation referred to clause

(c) above.

e) Vis--vis the Punjab Government/P.S.Edu.B. the contractor shall be primarilyliable for all payment to be made under and for the observance of the regulations aforesaid

without prejudice to his right to claim indemnity for his sub-contractor.

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f) The regulation aforesaid shall be deemed to be part of his contract and any breachthere of, shall be deemed to be a breach of this contract.

g) The contractor shall be responsible to provide at his own cost the followingamenities for the labour employed by him to the satisfaction of Medical Officer In-charge

of the P.S. Edu. Board.

i) Suitable temporary hutments as in the opinion of the Engineer-In-Charge may be

necessary.

ii) Trenches, latrines, bathings enclosures and platform separately for men and women

and their regular cleanliness.iii) Clean drinking water.

In the event of his failure to provide any or all of these amenities the same shall be

provided by the Board and the cost recovered from the contractor.

h) The contractor will be required to submit to Labour Welfare Officer of Pbn. Govtand the Executive Engg. On the tenth of every month a return on the prescribed form for

the payment of wages under the fair wage clause. The failure of the contractor to do so will

be considered as breach of the contract.

PUNJAB PUBLIC WORK DEPTT. CONTRACTORS LABOUR REGULATION

SHORT TITLE

a) Definition:These regulations may be called Punjab Public Works Deptt. Contractors Labour

Regulations. In these regulations, unless otherwise expressly indicated the following works

expressions shall have the meaning here by assigned to them respectively that is to say:-

i) Labour means workers employed by a Punjab Public Works Deptt. Contractordirectly or indirectly through a sub-contractor or other person or any agent on his behalf.

ii) Contractor shall include every person whether a sub contractor or headman or

agent, employing labour on the works taken on contract.

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iii) Wages shall have the same meaning as defined in the payment of wages act 1936

and include time and piece rate wages.

b) Display of Notices 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 clean and legible

condition in conspicuous places on the work notices in English and in the local Indian

languages spoken by the majority of the workers giving the fair wags, notified or prescribed

by the Punjab P.W.D. and hours of works for which such wages are earned.

c) Payment of wages:i) Wages due to every worker shall be paid to him direct.

ii) All wages shall be paid in current coin or currency or in both

d) Fixation of Wages Period:i) The Contractor shall fix the wage periods in respects of which the wages

shall be payable.

ii) No wage period shall exceed one month.iii) Wages of every workman employed by the contractor shall be paid before

expiry of 10 days after the last day of the wages period in respect of which the wages are

payable.

iv) When 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 day succeeding

the one in which his employed is terminated.

v) All payments of wages shall be made on a working day.

e) Wage Register and Wage card etc.

The contractor shall maintain a wage register of each worker in such form as may

be convenient by the same shall include the following particulars.

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i) Rate of daily or monthly wages.ii) Total number of days worked during each wage period.iii) Nature of work on which employed.iv) Total amount payable for the work during each wage period.v) All deduction made from the wages with indications in each case of the

grounds on which the deduction is made.

vi) Wages actually paid for each wage period.2) The contractor shall also maintain a wage card for each worker employed

on the work.

3) The authority competent to accept the contract may grant an exemption from

the maintainance of wage register and wage cards to a contractor who in his opinion may

not directly or indirectly employ more than one hundred persons on the words.

f) Fines and deductions which may be made from wages:

i) The wages of workers shall be paid to him without any deductions of any

kind except the following:

a) Finesb) Deductions for absence from duty i.e. from the place or places where by as

per terms of his employment he is required to work. The amount of the deduction shall be

in proportion to the period for which he was absent.

c) Deductions for damage to or loss of goods expressly entrusted to employed

persons for custody or for loss of money for which he is required to account where such

damage or loss is directly attributable to his neglect or default.

d) Any other deduction which the Engineer-In-Charge may from time to time

allow.

2) No fines shall be imposed on a worker and no deduction for damage or loss

shall be made from his wages until the worker has given an opportunity of showing cause

against such fines or deductions.

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3) The total number of fines which may be imposed on one wage period on a

worker shall not exceed three percent of the wages payable to him in respect of that wage

period.

4) No fines imposed on any worker shall be recovered from him byinstallments after the expiry of 60 days from the date on which it was imposed.

g) Register of fines etc.

i) The contractor shall maintain a register of fines and of all deductions for

damages or losses. Such register shall mention the reason for which fine was imposed or

deduction for damage or loss was made.

ii) The contractor shall maintain a list in English and in the local Language

clearly defining acts and commissions for which penalty of fine can be imposed. He shall

display such list and maintain it in a clean and legible condition in conspicuous places on

the work.

h) Reservation of Registers:

The wages register, the wage card and the register of fines deductions, required to

be maintained under these regulations shall be preserved for 12 months after the date of last

entry made in them.

i) Power of Labour Welfare Officer to make investigation or Enquiry:

The Labour Officer or any other person authorized by the Punjab Govt. in this

behalf shall have power to make enquires with a view of ascertaining and enforcing due

and proper observance of the wages clauses and the provision of three regulations. He shall

investigate into any complaint regarding any default made by the contractor or by the sub-

contractor in regard to such provision.

j) Report of Labour Welfare Officer:

The Labour Welfare Officer or any persons authorized as aforesaid shall submit a

report of the result of his investigation or enquiry to the Executive concerned indicating theextent, if any to which the default has been committed and the amount of the fine

recoverable in respect of the cost of omission and commission of the labourer with a note

that necessary deduction from the contractors bill be made and wages and other dues be

paid to the labourer concerned.

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k) Appeal against the decision of Labour Welfare Officer:

Any person aagarial by the decision and recommendation of the Labour Welfare

Officer or other person so authorized may appeal against such decision to the Labour

Commissioner but subject to such appeal the decision of the officer shall be final and

binding upon the contractor.

l) Inspection of Registers and Cards:

The contractor shall allow inspection of the registers and cards to any of his worker

or his agent at a convenient time and place after due notice is received or to the labour

Welfare Officer or any other office authorized by the Punjab Government in this behalf.

m) Submission of Return:

The contractor shall submit periodical returns as may be specified from time to

time.

The Punjab Government may from time to time add to or amend these regulations

and on any question so to the applications interpretation effect of these regulations, the

decision of the Labour commissioner to Punjab Govt. or any other person authorized by the

Punjab Govt. in that behalf shall be final.

Contractor Chief Engineer

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Sector B & R No. 28 (F-1)PUNJAB SCHOOL EDUCATION BAORD

S.A.S. Nagar

.DIVISIONSub- Division

(FORM-----F-----1)

PERCENTAGE RATE TENDER

AND

CONTRACT FOR WORKSGENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF

CONTRACTORS-----------------

1. All work proposed for execution by contract will be notified in a form of invitation to tender posted on a board

hung up in the office of and signed by theSub-divisional Officer

Chief Engineer

This form will state the work to be carried out as well as the date for submitting and opening tender, and the time allowed for

carrying out the work ; also the amount of earnest money to be deposited with tender, and the amount of the security deposit to be

deposited by the successful tenderer and the percentage, if any, to be deducted from bills. Copies of the specifications designs and

drawings and Estimated rates and any other documents required inSchedule rates

connection with the work, signed for the purpose of identification by the Sub-Divisional Officer shall also be opened for inspection

Chief Engineerby the contractors at the office of the Sub-divisional Officer during office hours.

Chief Engineer

2. In the event of the tender being submitted by a firm, must be signed separately by each member thereof, or in the

event of the absence of any partner, it must be signed on his behalf by a person holding a power-of-attorney authorizing him to do so.

3. Any person who submits a tender shall fill up the usual printed form, stating at how much percent above or belowthe rates specified in Rule 1 he is willing to undertake the work. Only one rate of percentage more or less on all the Estimated rates

shall be named Tender which propose, any alteration in the work specified in the said form of invitation to tender or Schedule ratesin

time allowed for carrying out the work, or which contain any other conditions of any sort, will be liable to rejection, No single tendershall include more than one work, but contractors who wish to tender for two or more works shall submit a separate tender for each.

Tender shall have the name and number of the work to which they refer written outside the envelope.

4. The Chief Engineer or his duly authorized assistant will open tenders in the presence of any intending contractors

or their authorized agents who may be present at the time, and will enter the amount of the several tenders in a comparative statement in asuitable form. In the event of a tender being accepted a receipt for the earnest money forwarded therewith shall there upon be given to

the contractor who shall there upon for the purpose of identification sign copies of the specifications and other documents mentioned in

Rule 1. In the event of a tender being rejected, the earnest money forwarded with such unaccepted tender shall thereupon be returned tothe contactor making the same.

5. The Chief Engineer shall have the right of rejecting all or any of the tenders.

6. The Department may refuse or suspend payments on account of a work when executed by a firm or by contractors

described in their tender as a firm, unless receipts are signed by all the partners, or one of the partners or some other person produceswritten authority enabling him to give effectual receipt on behalf of the firm.

7. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as anyacknowledgement of payment to the Sub-divisional Officer and the contractors shall be responsible for seeing that he procures

Chief Engineer

receipt signed by the Sub-divisional OfficerChief Engineer

8. The memorandum of the work tendered for and the memorandum of materials to be supplied by the Punjab School

Education Board and their issue rates, shall be filled in and completed in the office of the Sub-divisional Officer before theChief Engineer

tender form is issued. If a form is issued to an intending tenderer without having been so filled in and completed he shall request the

office to have this done before he completes and delivers his tender.

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TENDER FOR WORKS

I/we hereby tender for the Punjab School Education Board here-in after referred to

as Board for the execution of the work specified in the under written memorandum within thesame specified in such memorandum at*. Percentbelow the rates entered in the

aboveEstimate mentioned in Rule-I and in accordance in all respects with the specification

Schedule rates

drawings, and instructions in writing referred to in Rule- I here of and in clause- II of theannexed conditions, and with such materials as are provided for and by in all other respects in

accordance with such conditions so far as applicable.

MEMORANDUM

(a) General description:- New Construction and Maintenance of Eleven

Adarash Senior Secondary Schools Buildings

in Six Distt.(b) Estimated cost __Rs. 10,69,27,972/-(c) Earnest money __Rs. 10.00 Lacs

(d) Security deposit (including earnest money) __ 5%

(e) Percentage, if any, to be deducted from bills __ Rs. (Rupees

Percent)

(f) Time allowed for the work from date ofwritten order to commence:- Upto 31 March 2014

Should this tender be accepted I/We hareby agree to abide by and fulfill all the

terms and provisions of the said conditions of contract annexed hereto, so far as applicable, or

in default thereof to forfeit and pay to the Board or its successors in office the sums of moneymentioned in the said condition.

The sum of Rs. 10.00 Lacs is herewith forwarded in demand draft as earnestmoney the full value of which is to be absolutely forfeited to the Board or its successors in

office, whithout prejudice to any other rights or remedies of the said Board of its successors in

office, should I/We not deposit the full amount of security deposit specified in the above

memorandum, in accordance with clause (A) of the said condition of contract, otherwise the

said sum ofRs.10.00 Lacs shall be retained by Board as on account of such security deposit

as aforesaid : or (b) the full value of which shall be retained by Board on account of thesecurity deposit specified in clause I (B) of the said conditions of contract.

Dated the day of 2013

Witness

Address

Occupation

The above tender is hereby accepted by me on behalf of Board.

Dated the day of 2013

Chief Engineer..

* In figures as well as in

words.

(a) If several subworks are

included they should be

detailed in a separate List

(c) This deposit will vary from

2 per cent of the estimated

cost of the work according to

the requirements of the case.

(e) This percentage where no

security deposit is taken, will

be 5 percent of the according

to the requirements of the

case the cost of the work

done.

*Give particulars and

numbers.

Strike out (a) if no cash

security deposit is to be

taken.

Strike out (b) if any cash

security deposit is taken.

*Signature of

contractor before submission

of tender.

Signature of witness to

contractors signature.

Signature of the office

by whom accepted.

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CONDITION OF CONTRACT

-----0----

Clause 1The Person whose tender may be accepted (hereinafter called the

Persons

contractor). Shall (A) [within one day for a contract of Rs. 1,000 or less, two days for oneRs. 2,000 or less, and so on, up to a limit of ten days of the receipt by him of the notifications of the

acceptance of his tender] deposit with the Sub-divisional Officer in cash or security endorsedChief Engineer

to the Sub-divisional Officer (if deposited for more than 12 months) a sum sufficient withChief Engineer

the amount of the earnest money deposited by him with his tender to make up the full security deposit

specified in the tender;] or (B) [permit Board at the time of making any payment to him for work done

under the contract to deduct such sum as will (with the earnest-money deposited by him) amount to*

percent of all money so payable. Such deductions to be held by Board by way of security deposit.]

provided always that in the event of the contractor depositing a lump sum by way of security deposit as

contemplated at (A) above, then and in such case, if the sum so deposited shall not amount to

*percent of the total estimated cost of the work, it shall be lawful for Board at the time of making any

payment to the contractor for work done under the contract or to make up the full percentage of

percent by deducting a sufficient sum from every such payment as last aforesaid. All compensation or

other sums of money payable by the contractor to Board under the terms of his contract may bededucted from or paid by the sale of a sufficient part of security deposit or from any sums which may

be due or may become due to the contractor by Board on any account whatsoever, and in the event of

his security deposit being reduced by reason of any such deduction or sale as aforesaid, the contractor

shall within ten days thereafter make good in cash or security endorsed as aforesaid any sum or sums

which may have been deducted from, or raised by sale of his security deposit or any part thereof. Allinterest which may from time to time accure due and payable on the said security deposit shall be paid

as the same shall be realized to the contractor.

Clause 2The time allowed for carrying out the work as entered the tender shall be

strictly observed by the contractor, and shall be reckoned from the date on which the order to

commence work is given to the contractor. The work shall throughout the stipulated period of thecontract be proceeded with all due diligence (time being deemed to be of the essence of the contract on

the part of the contract) and the contractor shall Chief Engineer ( Whose decision in writing shall be

final ) may decide on the amount of the estimated cost of the whole work as shown by the tender forevery day that the work remains uncommenced, or unfinished after the proper dates. And further, to

ensure good progress during the execution of the work, the contractor shall bound in all cases in which

the time allowed for any work exceeds one month, to complete on fourth of the whole of the work

before one-fourth of the whole time allowed under the contract has elapsed, one-half of the work,

before one-half of such time has elapsed, and three-fourth of the work before three-fourth of such time

has elapsed. In the event of the contractor failing to comply with this condition he shall be liable to payas compensation an amount equal to one percent or such smaller amount as the Chief Engineer (whose

decision in writing shall be final) may decide on the said estimated cost of the whole work for every day

that the due quantity of work remains incomplete Provided always that the entire amount ofcompensation to be paid under the provisions of this clause shall not exceed ten percent in the estimated

cost of work as shown in the tender. Chairman of the Board may on the representation by the

contractor reduce the amount of compensation whose decision in writing shall be final.

Clause 3In any case in which under any clause or clause of this contract the contractor

shall have rendered himself liable to pay compensation amounting to the whole of his security deposit(whether paid in one sum or deducted by installments) the Chief Engineer on behalf of the Board, shall

have power to adopt any of the following courses, as he may deem best suited to the interests of Board.

(a) To rescind the contract (of which rescission notice in writing to the contractor

under the hand of Chief Engineer shall be conclusive evidence), and in whichcase the security deposit of the contractor shall stand forfeited, and be

absolutely at the disposal of Board.

Security deposit

*This will be the same

percentage as that in the

tender at (c)

* This amount of this

percentage (not exceeding 5

percent) will be fixed in every

case to suit requirements, e.g.

If it is fixed at 3 percent and

the security deposit only

amounts to 5 percent, of the

estimated cost of the work

then 3 percent should be

deducted from every payment

if the percentage is fixed at 10

percent and the security

deposit only amounts to 6

percent then 4 percent should

be deducted and so on.

Compensation for Delay-

--

Action when whole of

Security deposit is forfeited.

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(b) To employ labour paid by the Punjab School Education Board; and to supply materials to

carry out the work, or any part of the work debiting the contractor with the cost of the

labour and the price of the materials (of the amount of which cost and price a certificate of

the Chief Engineer shall be final and conclusive against the contractor) and crediting him

with the value of the work done, in all respects the contractor under the term of his

contract, the certificate of the Chief Engineer as to the value of the work done shall be finaland conclusive against the contractor.

(c) To measure up the work of the contractor, and to take such part thereof as shall be

unexecuted out of his hands and to give it to another contractor to complete, in which case

any expenses which may be incurred in excess of the sum which would have been paid tothe original contractor of the whole work had been executed by him (of the amount of

which excess the certificate in writing of the Chief Engineer shall be final and conclusive)

shall be borne and paid by the original contractor and may be deducted from any moneydue to him by Board under the contract or otherwise or from his security deposit or the

proceeds of sale thereof sufficient part thereof.

In the event of any of the above courses being adopted by the Chief Engineer the

contractor shall have no claim to compensation for any loss substained by him by reason of his

having purchased or procured any material , or entered into any engagements, or made anyadvances on account of, or with a view to the execution of the work or the performance of the

contract. And in case the contract shall be rescinded under the provision aforesaid, the

contractor shall not be entitled to recover or be paid any sum for any work therefore actuallyperformed under this contract, unless and until the Sub-Divisional Officer

Sub-Divisional Officer will have certified in writing the performance of such

Chief Engineer

work and the value payable in respect thereof, and he shall only be entitled to be paid the value

so certified.

Clause 4In any case in which any of the person conferred upon the Chief

Engineer by clause 3 hereof, shall have become exercisable and the same shall not be exercisedthe non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall not withstanding be exercisable in the event of any future care of default by the

contractor for which by any clause or clauses thereof he is declared liable to pay compensationamounting to the whole of his security deposit, and the liability of the contractor for past and

future compensation shall remain unaffected. In the event of the Chief Engineer putting in force

either of the powers (a) or (c) vested in him under the preceding clause he may, if he so desires,take possession of all or any tools, plants, material and stores, in or upon the works or the site

thereof or belonging to the contractor of procured by him and intended to be used for the

execution of the work any part hereof, paying or allowing for the same in account at the

contract rates, or in case of these not being applicable at current market rates, to be certified by

the Chief Engineer whose certificate hereof shall be final otherwise the Chief Engineer may by

notice in writing to the contractor or his clerk of the works foreman or other authorized agent,require him to remove such tool, plants materials, or stores from the premises within a time to

be specified in such notice; and in the event of the contractor failing to comply with any such

requisition, the Chief Engineer may remove them at the contractors expense or sell them byauction or private sale on account of the contractor and at his risk in all respects and the

certificate of the Chief Engineer as to the expense 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 5If the contractor shall desire an extension of the time for completion of

the work on the grounds of his having been unavoidably hindred in its execution or any otherground, he shall apply in writing to the Chief Engineer within 30 days of the date of the

hindrance on account of which he desires such extension as aforesaid, and the Chief Engineer

shall, if in his opinion (which shall be final) reasonable grounds be shown therefore, authorize

such extension of time, if any, as may, in his opinion, be necessary or proper.

Contractor remains

liable to pay compensation if

act on not taken under

Clause 3.

Power to take possession of

or require removal of or sell

contractors plant.

Extension of time.

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Clause 5 A.The contractor shallk deliver in the office of the Executive Engineer, on or

before the 10th day of every month during the continuance of the work covered by this contract, a return

showing details of any work claimed for as extra, and such return shall also contain the value of such

work as claimed by the contractor, which value shall be based upon the rates and prices mentioned in

the contract or in the schedule of Rates in force in the Board* for the time being. The contractor shall

include in such monthly return particulars of all claims of whatever kind and however arising, which at

the date thereof he has or may claim to have against the Chief Engineer under or in respect of or in anymanner arising out of the execution of work and the contractor shall be deemed to have waived all

claims not included in such return and will have no right to enforce any such claims not so included,whatsoever be the circumstances.

Clause 6Without prejudice to the right of Board under any clause herein after contained,on completion of the work, the contractor shall be furnished with a certificate by the Chief Engineer

(hereinafter called the Engineer-In-Charge) of such complete until the contractor shall have removed

from the premises on which the work shall be executed all scaffolding, surplus materials, and rubbish,and cleaned off the dirt from all woodwork, walls, floors, or other parts of any building, in upon or

about which the work is to be executed, or of which, he may have had possession for the purpose of the

execution thereof, and the measurements in the said certificate shall be binding and conclusive against

the contractor. If the contractor shall fail to comply with the requirements of this clause as to removal of

scaffolding, surplus materials and rubbish, and cleaning off dirt on or before the date fixed for the

completion of the work, the Engineer-In-Charge may at the expense of the contractor, remove suchscaffolding, surplus materials and rubbish and dispose of the same as he thinks fit and clean off such dirt

as aforesaid; and the contractor shall forthwith pay the amount of all expenses so incurred, and shall

have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sumactually realized by the sale thereof.

Clause 7No payment shall be made for works estimated to cost less than rupees one

thousand, till after the whole of the works shall have been completed and a certificate of completion

given. But in the case of works estimated to cost more than rupees one thousand the contractor shall onsub-mitting the bill thereof entitled to receive a monthly payment proportionate to the part thereof than

approved and passed by the Engineer-In-Charge, whose certificate of such approval and passing of the

sum so payable shall be regarded as payments by way of advance against the final payment only and notas payments for work actually done and completed, and shall not preclude the requiring of bad,

unsound, and imperfect of unskillful work to be removed and taken away and reconstructed or re-

erected or be considered as an admission of the due performance of the contract, or any part thereof inany respect, or the accuring of any claim nor shall it conclude, determine, or affect in any way the

powers of the Engineer-In-Charge, under these conditions, or any of them as to the final settlement and

adjustment of the accounts or otherwise, or in any other way very or effect the contract. The final billshall be submitted by the contractor within one month of the date fixed for completion of the work,

otherwise the Engineer-In-Charges certificate of the measurement and of the total amount payable for

the work accordingly shall be final and binding on all parties.

Clause 8A bill shall be submitted by the contractor each month on or before the date

fixed by the Engineer-In-Charge for all work executed in the previous month,and the Engineer-In-Charge shall take or cause to be taken the requisite measurement for the purpose of having the

same verified, and the Claim as far as admissible, adjusted, if possible, before the expiry of ten days

from the presentation of the Bill. If the contractor does not submit the bill within the time fixed asaforesaid, the Engineer-In-Charge may depute a subordinate to measure up the said work in the

presence of the contractor. Whose countersignature to the measurement list will be sufficient warrant;

and the Engineer-In-Charge may prepare a bill from such list which shall be binding on the contractor

in all respect.

Clause 9The contractor shall submit all bills on the printed forms to be had onapplication at the office of the Engineer-In-Charge, and the charge in the bills shall always be entered

at the rates specified in the tender or in the case of any extra work ordered in pursuance of these

conditions: and not mentioned or provided for in the tender at the rates hereinafter provided for such

work.

Contractor to submit a

return every month for any

works claimed as extra.

Final Certificate.

Payments on

intermediate Certificate to

be regarded as advance.

Submitted

Bills to be submitted

monthly.

Bills to be on printed forms

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Clause 10If the specification of estimate of the work provides for the use of any

special description of materials to be supplied from the Engineer-In-Charges store or, if it is

required that the contractor shall use certain stores to be provided by the Engineer-In-Charge

(such materials and stores, and the prices to be charged therefore as hereinafter mentioned

being so far as practicable for the convenience of the contractor, but not so in any way to

control the meaning or effect of the control, specified in the schedule or memorandum hereto

annexed). the contractor shall be supplied with such materials and stores required from time totime to be used by him for the purpose of the contract only, and the value of the full quantity of

materials and stores so supplied at the rates then due, or thereafter to become due to thecontractor under the contract, or otherwise, against or from the security deposit, or the proceeds

of sale thereof; if the same is held in securities, the same or a sufficient portion thereof being in

this case sold for the purpose. All materials supplied to the contractor shall remain the propertyof the contractor, but shall not on any account be removed from the site of the work without the

written permition of the Engineer-In-Charge, and shall at all times be open to inspection by

him. Any such materials unused and in perfectly good condition at the time of the completionof the contract, shall be returned to the Engineer-In-Charges Store, if by a notice in writing

under his hand he shall so require; but the contractor shall not be entitled to return any such

materials unless with such consent and shall have no claims for compensation on account of

any such materials so supplied to him as aforesaid being unused by him or for any wastage in or

damage to any such materials.

Clause 11The contractor shall execute the whole and every part of the work in

the most substantial and workman like manner and both as regards materials and otherwise in

every respect in strict accordance with the specification. The contractor shall also conformexactly, fully and faithfully to the designs, drawings and instructions in writing relating to the

work signed by the Engineer-In-Charge and lodged in the office, and to which the contractor

shall be entitled to have excess at such office, the or on the site of the work for the purpose of

inspection during office hours, and the contractor shall, if he so requires, be entitled at his own

expense to make or cause to be made copies of the specification, and of all such designs,drawing and instructions, as aforesaid.

Clause 11(a)The Engineer-In-Charge shall have full powers at all times to objectto the employment of any workman, foreman or other employee on the works by the contractor

and if the contractor shall receive notice in writing from the Engineer-In-Charge requesting

the removal of any such man or men from the work, the contractor is to comply with the requestforth with.

No such workman, foreman or other employee after his removal from the works byrequest of the Engineer-In-Charge shall be re-employed or re-instated on the works by the

contractor at any time, except with the previous approval in writing of the Engineer- In-Charge.

The contractor shall not be entitled to demand the reason from the Engineer-In-

Charge for requiring the removal of any such workman, foreman or other emp loyee.

Clause 12The Engineer-In-Charge shall have power to make any alteration in or

omissions from, additions, to or substitutions for the original specification, drawings, designs,

and instructions that may appear to him to be necessary or advisable during the progress of thework, and the contractor shall be bound to carry out the work in accordance with any

instructions which may be given to him in writing signed by the Engineer-In-Charge and such

alternations, additions or substitution shall not invalidate the contractor and any altered,

additional or substituted work, which the contractor may be directed to do in the manner above

specified as part of the work shall be carried out by the contractor on same condition in all

respects on which he agreed to do the main work, at the same rates as per specified in thetender for the main work. The time for the completion of work bears to the original contract

work, and the certificate of the Engineer-In-Charge shall be conclusive as to such proportion.

And if the altered, additional or substituted work includes any class of work, for which no rate

is specified in the contract, then such class of work shall be carried out at the rates entered inthe schedule of the rates of the district : and if such class of work, for which no rate is specified

in the contract, then such class of work shall be carried out at the rates entered in the scheduleof the rates of the district ; and if such class of work is not entered in the schedule of rates of

Zonal Premium/Tendered then the contractor shall within

Works to be executed in

accordance withspecifications Drawings,

orders, etc.

Removal of employed,

workmen &forman.

Alternations in

specifications and designs.

Do not invalidate

Contract.

Extension of time in

consequence of

alterations.

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seven days of the date of his receipt of the order to carry out the work, and if the Engineer-In-Charge

does not agree to this rate he shall, by notice in writing, be at liberty to conceal his order to carry out

such class of work, and arrange to carry it out in such manner as he may consider advisable, provided

always that if the contractor shall commence work or incur any expenditure in regard thereto before the

rates shall have been determined lastly herein before mentioned, then and in such case he shall be

entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date ofthe determination of the rate as aforesaid according to such rate or rate as shall be fixed by the Engineer-

In-Charge. In the event of a dispute, the decision of the Executive change shall be final.

Clause 13If at any time after the commencement of the work the Board shall for any

reason whatsoever not require the whole work thereof as specified in the tender to be carried out, theEngineer-In-Charge shall give notive in writing of the fact to the contractor who shall have no claim to

any payment or compensation whatsoever on account of any profits or advantage which he might he

might have derived from the execution of the work in full, that which he did not derive in consequenceof the full amount of the work not having been carried out neither shall be have any claim for

compensation by reason of any alternation having been made in the original specifications; drawings,

designs and instruction which shall involve any curtailment of the work as originally contemplated.

Clause 14If it shall appear to the Engineer-In-Charge or his subordinate in charge the

work, that any work has been executed with unsound, imperfect or unskillful workmanship, or withmaterials of any inferior description, or that any materials or articles provided by him for the execution

of the work are unsound, or of a quality inferior to that contracted for or otherwise not in accordance

with the contract, the contractor shall on demand in writing from the Engineer-In-Charge specifying,the work, materials or articles complained of notwithstanding that the same may have been

inadvertently passed, certified and paid for, forthwith rectify, or remove & recontract the work so

specified in whole or in part, a the case may require, or as the case may be, remove the materials or

articles at his own proper charge and cost, and in the event of his failing to do so within a period to be

specified by the Engineer-In-Charge in his demand aforesaid; then the contractor shall be liable to paycompensation at the rate of one percent on the amount of the estimate for every day not exceeding ten

days, while his failure, to do so shall continue, and in the case of any such failure the Engineer-In-

Charge may rectify or remove, and reexecutive the work or remove and replace with others materials,or articles complained of, as the case may be, at risk and expense in all respects of the contractor.

Clause 15All work under or in course of execution or executed in pursuance of thecontract shall at all times be open to the inspection and supervision of the Engineer-In-Charge and his

subordinates and the contractor shall at all times, during the usual working hours and at all other times at

which reasonable notice of the intention of the Engineer-In-Charge or his subordinate to visit the worksshall have been given to the contractor, either himself be present to receive orders and instructions, or

have a responsible agent duly accredited in writing present for that purpose. Orders given to the

contractors agent shall be considered to have the same force as if they had been given to the contractor

himself.

Clause 16The contractor shall not give less than five days notice in writing to theEngineer-In-Charge or his subordinate in-charge of the work before covering up or otherwise placing

beyond the reach of measurement any work in order that the same may be measured, and correct

dimensions thereof be taken before the same is so covered up or placed beyond the reach ofmeasurement and shall not cover up or place beyond the reach of measurement, any work without the

consent in writing of the Engineer-In-Charge or his sub-ordinate in-charge of the work, and if any work

shall be covered up or placed beyond the reach of measurement without such notice having been given

or consent obtained the same shall be uncovered at the contractors expense, or in default thereof no

payment or allowance shall be made for such work or the materials with which the same was executed.

Clause 17If the contractor or his work-people, or servants shall break, deface, injure ordestroy any part of a building, if they may be working on any building, road fence, enclosure or grass

land, or cultivated ground contignous to the premises on which the work of any part of it is being

executed, or if any damage shall happen to the work, while in progress, from any cause whatever or any

imperfection become apparent in it within three months after a certificate final or other of its completionshall have been given by the Engineer-In-Charge as aforesaid, the contractor shall make the same good,

at his own expense, or in default, the Engineer-In-Charge may cause the same to be made good by otherworkmen, and deduct the expense of which the certificate of the Engineer-In-Charge shall be final from

any sums that may be then or at any time thereafter may become, due to the contractor, or from his

security deposit or the proceeds of sale thereof , or of a sufficient portion thereof.

Rate for work and in

estimate, or schedule of

rates of the district.

No compensation for

alteration in, or,

restriction of, work to be

carried out.

Action and compensationpayable in case of bad

work.

Works to be open to

inspection.

Constractor orresponsible Agent to be

present.

Notice to be given

before work is covered up.

Contractor liable for

damage done and forimperfection for 3 months

after certificate.

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Clause 18The Contractor shall supply at his own coat all materials except such

special materials, if any, as may in accordance with the contract be supplied from the Engineer-

In-Charge stores, plants, tools, appliances, implements ladders, cordage, tackle, scaffolding and

temporary works requisite or proper 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 contractor referred to, in these conditions, or not or which may be necessary for the

purpose of satisfying or complying with the requirements of Engineer-In-Charge as to anymatter to which under these conditions he is entitled from the work. The contractor shall also

supply without charge the requisite number and counting, weighing as assisting in themeasurement or 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 under the contract, or from his security deposit or the proceeds of sale thereof, or of asufficient portion thereon. The contractor shall also provide all necessary fencing and lights

required to protect the public from 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 injurysustained owing to neglect of the above precautions, and to pay any damages and cost which

may with the consent of the contractor be paid to compromise any claim by any such

persons.

Clause 19No female labourer shall be employed within the limits of a Board

without getting prior sanction of the Chief Engineer.

Clause 19ANo labourer below the age of 12 years shall be employed on the

work.Clause 19BThe contractor shall pay his labourer not less than the wages paid for

similar work in the neighbourhood.

Clause 20No work shall be done on Sunday without the sanction in writing of the

Engineer-In-Charge.

Clause 20AIn every case in which by virtue of the provisions of section 12, sub-

section(1) of the Workmens Compensation Act, 1923, Board is obliged to pay compensationto a workmen employed by the contractor, in execution of the works, Board will recover from

the contractor, the amount of the compensation so paid, and without prejudice to the rights of

Board under section 12, subsection (2) of the said Act, Board shall be at liberty to recover suchamount or any part thereof by deducting it from the security deposit or from any sum due by

Board, to the contractor whether under this contract or otherwise.

Board shall not be bound to contest any claim made against it under section 12,subsection (1) of the said Act except on the written request of the contractor and upon his

giving to Board full security for all costs for which Board might become liable in consequence

of contesting claim.

Clause 21The contract shall not be assigned or sublet without the written

approval of the Chief Engineer. And if the contractor shall assign or sublet his contract orattempt so do , or become insolvent or commence any insolvency any bribe, gratuity , gift, loan

perquisite, reward or advantage, pecuniliary or otherwise, shall either directly or indirectly by

given, promised or offered by the contractor or any of