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Tender Bij Was An

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DELHI JAL BOARD

(GOVT. OF NCT OF DELHI)

P/L Sewer Line in Bijwasan West.

TENDER DOCUMENT

EXECUTIVE ENGINEER (C) DR.-XIV


DELHI JAL BOARD,
S.P.S.Najafgarh, NEW DELHI-110043.

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Name of work: P/L Sewer Line in Bijwasan West.

Table of contents

S. No. Section Description page


1. Section-I NIT 3-4
2. Section-II Additional Information of NIT 5-7
3. Section-III INSTRUCTION TO BIDDERS 8-36
4. Section – IV TECHNICAL SPECIFICATIONS 37-54

5. Section – V GENERAL CONDITIONS OF 55-132


CONTRACT
6. Section – VI SPECIAL CONDITIONS OF 133-134
CONTRACT (SCC)
7. Section-VII Performa of Bank Guarantee, Affidavit, 135-157
Safety Guidelines, NHRC Guidelines etc.
8. Section –VIII BID FORM 158-159
9. Section – IX DRAWING 160-168
10. Section -X BILL OF QUANTITIES 169-179

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DELHI JAL BOARD: GOVT. OF NCT OF DELHI
OFFICE OF THE EXECUTIVE ENGINEER(C) DR. XIV
SEWAGE PUMPING STATION: NAJAFGARH
NAJAFGARH: NEW DELHI – 110043.

PRESS NIT No.01(2018-19)/EE (C) Dr. XIV

On behalf of DJB, EE(C) DR-XIV invites online percentage rate tenders from
eligible firms who have successfully completed similar types of works, in the
prescribed bid documents under two bid system i.e. Part -A (Technical) & Part- B
(Financial). The contractor shall have to abide by all NIT conditions, Guidelines,
Memorandums, which have been issued time to time by Delhi Jal Board.

Date of pre bid meeting for S.No.1 & 2 : 25.05.2018 at 3:00 PM


Last date & time for tender download : 06.06.2018 at 3:00 PM
Last date and time for Online
Submission of tender : 06.06.2018.2018 at 3:00 PM
Date/Time opening of Technical Bid : 06.06.2018 at 3:10 PM
Date/Time opening of Financial Bid : shall be opened later after finalization
of eligibility of participating bidders
Detail of work:-

S.No. Name of Work Tender Earnest Money Tender Completion


Amount (Rs in lakh) Fees Period
1. P/L sewer line in Kakrola Rs.1500/-
Group of Colonies in Rs.35,30,49,770.00 Rs.45,30,500/- (Non 30Months
Matiyala Constituency. Refundable)
No. 2018_DJB_
2. P/L Sewer Line in Bijwasan Rs.1500/-
West Rs.5,61,96,057.00 Rs.11,23,921/- (Non 14 Months
No. 2018_DJB_ Refundable)

NOTE: Validity of tender is 180 days from the last date of submission of tender including
extension if any. NIT along with all the terms & conditions is available on Web Site
http://delhi.govtprocurement.com. Pre-bid meeting shall be convened in the office of
S.E.(DR)P S & SW at JalSadanAnnexe, Lajpat Nagar, New Delhi-110024. Agencies may
contact the office of EE (C) Dr-XIV for additional information/any clarification in regard to
this NIT. Further hard copy of technical bid (one original & 2 photocopy) is to be submitted
within 48 hrs of end of deadline of submission including extensions if any.
All corrigendum, addenda, amendments, pre-bid reply, time extension, if any to
the above notification/ NIT will be published in e-procurement portal only. Bidders
shall regularly visit the above site to keep themselves updated.

Ex. Eng. (C) Dr XIV


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NO.DJB/EE(C) DR-XIV/2017/ DATED:-

Copy to:-

1. Vice chairman, DJB.


2. Secy to CEO / Mem. (A) / Mem. (F) / Mem. (Dr.) /Mem. (WS) / CVO.
3. C.E. (Planning) Water/ CE (DR) P- I/II, CE(South), CE SDW
4. Director SDM/ DOV
5. S.E. (DR)PR S&SW/ All SE(Dr)/SE(P)
6. All EE (Dr)/ EE(EDP)/ All AEs of this division.
7. Sr. AO (Proj) W – IV/ AAO (C) Dr XIV/HC/ Notice board.
8. D.M. to put up justification with the help of concerned A.E. as per
guidelines
9. Chief Manager, Syndicate Bank, 43 Rani Jhansi Road Branch, New Delhi-
55.
10. Consultant (PR) with 10 spare copies to publish the NIT in the
appropriate newspapers. Online Tender has been uploaded to the
website.
11. Notice Board, Jhandewalan, Phase-I&II/Notice Board of EE(C) DR-XIV.
12. Contractor Association, 36, Block-BA, Paschimi Shalimar Bagh, New
Delhi-110088.
13. Contractor Welfare Association, WZ-485, 10B/Ist Floor, BasaiDarapur,
New Delhi-55.

Ex. Eng. (C) Dr XIV

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SECTION – II :-ADDITIONAL INFORMATION OF NIT

Subject: - Special information regarding eligibility criteria and other requirement for the
work listed in NIT No.01(2018-19) of EE(C)Dr-XIV.

The bidder must be fully conversant with the documents to form part of contract
agreement i.e. Instructions to bidders. Special Conditions, General Conditions, Specification, Clauses
of contract, Safety codes, Model Rules, CPWD contractor labour regulations (Standard documents)
available on web site. However these are not to be attached with tender documents.
The bidder shall submit the offer under two bid systems i.e. Bid part- A (Technical) & bid
Part-B (Financial).
1. Bid part- A should contain scanned documents giving details of Earnest Money and
Eligibility Criteria.
2. Earnest Money and Tender Fees Deposit: - Bidder shall submit the Earnest Money and
Tender Fees electronically on or beforethe last date and time of bid submission in DJB EMD
A/c No. 90231010012261 at Syndicate Bank, Rani Jhansi Road Branch, New Delhi
(IFSC/RTGS Code No SYNB0009023) through Bidder’s banker. While submitting EMD
through RTGS mode, bidder must mention NIT No. , Item No., Name of Division, Closing
Date and Time of Tender and Bidders Name and Address in the applicant details column in
the RTGS form.
Bidder must upload the scanned copy of RTGS customer payment confirmation along with
the Bid, before the date and time of closing of the bids. Bids submitted without the exact
amount of EMD and as per requirements prescribed above shall be liable for rejection
without any further notice. For any further assistance the bidder may contact Manager/ Sr.,
Syndicate Bank, 43, Rani Jhansi Road, New Delhi -110055, Contact No. 23528976.

3. The bidder shall have to submit the GST registration certificate and the Latest GST Return.
4. The bidder shall submit scanned copy of an undertaking on Rs.10 Stamp Paper Stating that
the applicant has not been Debarred or black listed as on the date of submission of bid in
any department. The date of undertaking must be after the date of issue of NIT.
5. Bidder should disclose if any of his close relative is engaged in this division or in DJB.
6. The bidder shall submit scanned copies of Power of Attorney authorizing the signatory of
the Bid to submit the bid on behalf of the particular bidder.
7. Scanned copy of information about any litigation or arbitration resulting from the earlier
contracts as executed by the bidder has to be submitted as per NIT/ Tender Document.
8. Undertaking regarding acceptance of all terms and conditions of NIT/ Tender document has
also to be submitted.
9. Scanned copy of Pan Card and Mandate form has also to be given.
10. Forfeiture of earnest money
(1) If any bidder withdraws his tender/bid before the expiry of the validity period, or before
the issue of letter of acceptance, whichever is earlier, or makes any modification in the

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terms and conditions of the tender which are not acceptable to the department, then the
Department shall, without prejudice to any other right or remedy, be at liberty to forfeit
50% of the earnest money absolutely. This provision would naturally apply only to the
lowest bidder once the earnest money of all the bidders except those of the lowest is
refunded.
(2) If contractor fails to furnish the prescribed performance guarantee within the prescribed
period, the earnest money is absolutely forfeited to the department automatically
without any notice.

11. SUBMISSION OF BID DOCUMENTS

The bid submitted by the bidder shall comprise of two separate parts: Technical Proposal
Part 1 and Financial Proposal Part II. The entire bid is to be submitted online through e-
tendering procurement system of Delhi government website. Technical Proposal Part 1 shall
contain details of the bidder’s technical proposal and all related signed documents as per bid
documents. Online (e-tender) Technical Proposal shall also contain the details of the earnest
money as per direction given on the website and online (e-tender) Financial Proposal Part II
shall contain the total cost of the work and the rates are to be quoted on the designated format
of the website only. DJB shall not be liable for any matter in this regard.

The bidder needs not to upload the whole tender document on website. Duly signed relevant
pages/Forms only, as mentioned below, have to be uploaded on the website. However the whole
bid document duly signed along with the uploaded forms/pages shall form part of the contract
agreement.
In addition to online submission of bids, bidder shall also submit hard copy of bidder’s
Technical Proposal Part-A as uploaded by him during Online submission of bid at the address
given below, within the 48 hrs of end of deadline of submission including extensions if
any.
While submitting hard copies, bidder shall also submit an affidavit on non- judicial stamp
paper of Rs. 50/- confirming: “These hard copies contain all documents related to Technical
Proposal Part-A and Part-B as submitted by us during online bidding system for the work in
question.
No additional papers other than those documents submitted during online bidding have to
be submitted in hard copies”. If there is any discrepancy between hard copies and soft copies
submitted by bidder during online bidding, document available during online bidding shall be
final and binding & DJB decision shall be final.
The Financial proposal shall be opened of only those bidders who have submitted the details
of the earnest money along with technical proposal Part A. The date of opening the Financial
Proposal shall be communicated later, after screening of the Technical Proposals.

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12. Tenders/Bid will be received only online on the mentioned scheduled date and time. If any
of the above dates happens to be holiday, the next working day will be considered for all
purposes. Conditional tender shall not be considered.

13. Tender shall be valid for 180 days from the last date of submission of tender. The DJB
reserves the right to reject any or all tenders without assigning any reason.

14. DJB registered contractors in appropriate class may participate in the bid if they full
fill technical eligibility criteria. DJB register contractors are exempted from
submission of documents related to financial eligibility criteria.

EXECUTIVE ENGINEER (C) DR-XIV

SECTION – III: INSTRUCTION TO BIDDERS

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A. General

1. Scope of Bid.

Delhi Jal Board (herein after to the referred as the “Employer”) has proposed to execute the work
for laying sewer line in P/L Sewer Line in Bijwasan West.

1.1 The successful bidder shall have to complete the works within the period mentioned in the NIT
documents.
1.2 Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives
(bidder/tender, bid/tender, bidding/tendering, etc.) are synonymous. Day means calendar day,
Singular also means plural, where ever applicable.

1.3 The agency shall have to use its own resources to obtain Permission from other
departments and authorities such as Traffic Police/CGWA/CGWB, and
PWD/SMCD/DDA/DSIIDC/I&F department and road owning department for cutting etc.
However, DJB shall assist only to the extent of issue of letter to the other department and thereafter
the firm has to pursue the matter.
1.4 The agency will have to submit the challan/purchase vouchers of the main items such as
DWC/HDPE pipes, cement, manhole cover frame etc. as procured by it for this work during the
execution phase of the work.
1.5 The agency has to make its own arrangement of water for drinking and construction purpose.
1.6 The agency will have to install sufficient numbers of generators for lighting, welding and other
site requirements.
1.7 The contactors will have to arrange his own cranes, Tool and Plant and any other requirement
needed for the execution of work.
1.8 The agency will have to make a safe access to the different units/site locations for working and
inspection purposes.
1.9 Private sewers/ MCD storm water drain has been laid in the center of the streets. The agency
has to dismantle the existing network, if it is coming in the alignment. Extra or substitute items
whatsoever required shall be executed as per the site requirement as per the applicable clause as
mentioned in the tender document.
1.10 The agency will have to use all the necessary safety equipment’s during the execution of work
to avoid any mishap.

1.11 If there is repetition of any clause or any two clauses are found to be contradictory, the most
stringent will govern and decision of Engineer in charge shall be final & binding for the bidder.

2. One Bid per Bidder

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2.1 Each bidder is permitted to submit only one bid.
2.2The Bidder shall be deemed to have read and examined the Tender Documents before quoting
the rates of all items in the Bill of Quantities and the schedule of Rates. The drawing(s),
Specifications, Clauses and Conditions, etc are to beconsidered as explanatory of each other and no
advantage shall be taken of any omission in Tender Documents. GST,labourcess etc. as applicable shall be
paid by the contractor. Department will deduct from running account bills, the TDS as applicable. The
bidder shall quote his rate considering all such taxes.
2.3 The bidder will be required to quote price as per bill of quantity.
The lowest price offered by any technically qualified bidder shall be the basis for selection of L-1. The
bidder isbound to quote the rates otherwise the tender will be rejected out rightly. However DJB reserves the right
to reject any tender without assigning any reason whatsoever.

3. Cost of Bidding

3.1 The bidder shall bear all costs associated with the preparation and submission of his bid and the
Employer will not be responsible or liable for those costs, regardless of the conduct or outcome of the
bidding process.

4. Site Visit

4.1 The bidder is advised to visit and examine the Site of Works and its surroundings and obtain for himself,
on his own responsibility allthe requisite information that may be necessary for preparing the bid and
entering into a Contract for construction of the Works. The costs of visiting the site shall be at the bidder’s
own expense.

B. Preparation of Bids
5. Language of Bid
5.1 The bid and all correspondence and documents related to the bid exchanged by the bidder and the
Employer shall be written in the English language.
6. Completion period
The period of completion for all the work under this contract shall be as mentioned in the NIT.

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Eligibility Criteria
(Applicable for all projects with ECV (Estimated Contract Value) greater than INR 3 crores)

Checklist

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S. No. Constituent of Bidder Bidder’s Response
1. i) Individual (submit Memorandum of Articles)
ii) Joint Venture (submit JV agreement)
iii) Wholly owned Indian subsidiary of a foreignfirm (submit
undertaking from Parent Company)
2. a) Financial Eligibility Criteria
i) Average Annual Construction Turnover details(as per
Format 1)
ii) Net Worth details (as per Format 2)
iii) Profitability Details (as per Format 3)
iv) Available Bidding Capacity Details (as perFormat 4A, 4B &
4C) calculation to be done bythe bidder
v) Working Capital Details (as per Format 5)
vi) Litigation Details (as per Format 6)
3. Supportive Documents
i) Audited balance sheet and Profit & lossstatements for past
5 years
ii) Declaration by the bidder on Rs 10/-stamppaper in
original stating that the bidder’s firm (s)is neither blacklisted
nor debarred from anyIndian government department as on
the date ofsubmission of bid
iii) Affidavit for the correctness of informationsubmitted
along with the bid (as per Annexure 5)

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General Eligibility
Criteria

Eligible Applicants:
The tenders for this contract will be considered only from those bidders (proprietorship firms,
partnerships firms, companies, corporations, consortia or joint ventures) who meet requisite eligibility

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criteria prescribed as under:

JV (Joint Venture) conditions and conflict of interest

(i) In the case of a JV or Consortium, all partners of the group shall be jointly and severally liable
for the performance of whole contract

(ii) A technically qualified non-Indian firm is permitted to bid only in a consortium arrangement or
Joint Venture with its wholly owned Indian subsidiary or any other Indian firm, registered in
India under The Companies Act, 1956. However, in both the cases, Indian Firm/Indian
subsidiary shall be the lead member & and shall meet the financial eligibility criteria.

(iii) Bidders shall not have a conflict of interest that affects the Bidding Process. Any Bidder found to
have a conflict of interest will be disqualified from the bid process. Bidders shall be considered
to have conflict of interest that affects the Bidding Process, if:-

(a) such Bidder (or any constituent thereof) and any other Bidder (or any constituent thereof) have
common controlling shareholders (Control is defined by The Institute of Chartered Accountants
of India Accounting under Standard (AS)213,

Consolidated Financial Statements as:


I The ownership, directly or indirectly through subsidiary (ies), of more than one-half of the voting power
of an enterprise; or
II Control of the composition of the board of directors in the case of a company or of the composition of
the corresponding governing body in case of any otherenterprise so as to obtain economic benefits from
its activities.

(b) Bidder shall be liable for disqualification if any legal, financial or technical adviser, including but
not limited to a consultant, of the Employer (DJB) in relation to the Project is engaged by the
Bidder in any manner for matters related to or incidental to the Project and which will affect the
bidding process thereof; DJB shall itself.

(c) publish the list of its legal, financial or technical adviser engaged by it for the saidprojects;
orSuch bidder has participated as a consultant in the preparation of design or
technicalspecifications or any other tender related activity for the works; or

1 Wholly owned subsidiary defined as a company whose common stock is 100% owned by
another company parent company).

2 Lead member is a member of the consortium nominated by the other members to lead the
project in terms of responsibilities as well as to act as a primary interface between the
Employer and the consortium. It shall be noted that being a lead member does not signify a
participation interest in the project of more than 50% and any member with a participation
interest in the project of more than 26% can be a lead member.
3 AS 21 can be accessed athttp://220.227.161.86/265 accounting standards as21new.pdf

(d) Such Bidder applies for bid both as an individual firm and as a part of JV or consortium; or
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(e) A constituent of one consortium is also a constituent of another consortium; or

(f) Such Bidder submits more than one application in this bidding process

(iv) In a tender, either the Indian agent on behalf of the Principal/OEM or Principal/OEM itself can
bid but both cannot bid simultaneously.

(v) If an Indian agent submits bid on behalf of Principal/OEM, the same agent shall not submit a bid
on behalf on another Principal/OEM in the same tender.

(vi) A firm, who has purchased the tender document, if applicable, in its name, can submit the bid
either as individual firm or in joint venture/ consortium. However in joint venture/ consortium:

(A) The members shall jointly fulfill the general and particular experience criteria as mentioned above.
However, part qualification of individual technical criteria related to project capacity shall not be
permitted (example: If the criteria is EPC experience of 10 MGD of water treatment plant, two
members having EPC experience of 5 MGD of water treatment plant each shall not be qualified).
Further, each member shall at least qualify one eligibility criteria (financial, general and particular).
(B) The lead member shall fulfill the financial eligibility criteria solely.

(C) Members having less than 26 % participation shall be termed as non-substantial members and shall
not be considered for evaluation which means their financial capability and work experience will
not be considered for evaluation of JV/ consortium.

(D) A copy of the Joint Venture Agreement (JVA) entered into by the members shall be submitted along
with the bid as per the format attached. The JVA shall include among other things, the joint
venture’s objectives, percentage participation of each member, the role of each member in the joint
venture operation, the commitment of the members to joint and several liability for due
performance, recourse/ sanctions with the joint venture in the event of default or withdrawal of any
partner(s).

(E) In any case, number of JV/ consortium members shall not exceed 3 (three).

(F) For DBO projects: In case of JV/ consortium, change in constitution ofpercentage participation is
allowed 2 years after commissioning/ commercial operation date. However, such a change shall be
subject to written approval of Employer. Such approval shall be denied if
(i) members withdraw from the joint venture and the remaining members do not meet the
qualifying requirements;
(ii) The new members to the joint venture are not qualified individually or as joint venture
members. Change in constitution will be discouraged if it affects the continuity of Works.
(G) For non-DBO projects: In case of JV/ consortium, no change in constitution of percentage
participation is allowed.

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(vii) Bidder (individual or any member in case of JV/ consortium) shall not have suffered
bankruptcy/ insolvency during the last 3 financial years from the date of submission of bid.

(viii) Any bidder which has been barred by the Central or State government, or any entity controlled
by them (controlling stake) from participating in any project and the bar commence/subsists as
on the date of issue of NIT and/ or submission of bid and/or any date before the issue of work
order, the bidder shall not be eligible to submit the bid, either individually or as a member of
consortium and if the bids are already submitted the same shall be rendered invalid.
(ix) If the firm claiming Technical Eligibility Criteria for the works has completed any of the works
in joint venture with any other company then, along with the experience certificates, the firm
shall submit the joint venture agreement for that particular work. Experience certificates not
accompanied by joint venture agreement shall not be considered for evaluation. The credit for
the firm which has completed a work in joint venture is allocated as follows:

a) If the firm has completed the work as a Lead partner in the project then the firm can claim credit for
the entire scope of work

b) If the firm has completed the work as a partner in the project then the firm can claim credit for the
entire scope of the work in proportion to the stake (eg. if the capacity of the STP executed is 30 MGD
and if the firm has executed the project as partner with a 40% stake then the firm can claim credit
for (40%x30MGD) 12 MGD works. A statutory auditor certificate specifying the payments received
for the project should be submitted. In the event of percentage participation in the project
calculated through the statutory auditor certificate differs from the percentage in the JVA, the
percentage participation calculated through payments received shall be considered for evaluation
purposes.

Observations:-

Bidders are not required to furnish along with the bid any memorandum of understanding with
any supplier prior to award of the contract. However, if a MOU is felt necessary, say to ensure tie up with a
technology provider, the same has to be submitted with bid in which case, no withdrawal of the MOU shall be
permitted later on and the vendor withdrawing the MOU will be blacklisted by Employer for a
period of 2 years.

The bid shall remain valid for a period of 180 (one hundred eighty) daysafter the date of
submission of bid including extensions if any. In exceptional circumstances, prior to expiry of the original bid
validity period, the Employer may request in writing that the bidders extend the period of validity

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for a specified additional period. At this stage, bidder may refuse to extend the validity of his bid without
forfeiting his bid security. A bidder agreeing to the request will not be required or permitted to
modify his bid, but will be required to extend the validity of its bid security for the period of the
extension
The value of EMD (earnest money deposit) to be submitted along with the bid will be:
(a) For Works with ECV (estimated contract value) up to Rs. 10 (Ten)crores: 2% (two
percent) of ECV.
(b) For Works with ECV greater than Rs. 10 (Ten) crores: Rs. 20 lakhs plus1% (one percent) of
ECV in excess of Rs. 10 crores.
Further, EMD amounts up to Rs. 20 lakhs will have to be transferred through RTGS to Employer’s
accounts as mentioned in tender. EMD amounts greater than 20 lakhs will have to be submitted in form of
bank guarantee (BG). Biddersare required to scan the original BG and upload the same in the e tendering
portal of Employer along with their bids. The original BG will have to be submitted on next working day of last
date of submission of bid (within office hours), but not before. If the bidder doesn’t submit the
original BG as stipulated here, it shall run the risk of forfeiture of the already submitted amount of 20
lakhs as EMD. Employer, if desired, will get the bank guarantee submitted for EMD verified from the bank. In
case the verification reveals that the submitted BG is fraudulent, DJB will forfeit the amount of Rs 20
lakh submitted through RTGS.

(c) Bidders are also required to submit along with the bids a list of all works in accordance with
Annexure 1 & II, executed or under execution, during last 7 years as reckoned from the year in
which this NIT has been issued whether in Individual capacity or in JV/Consortium with
another contractor or as a sub-contractor, as per the annexure format attached. Bidders should
also submit an affidavit on non-judicial stamp paper of Rs. 100/- in original confirming that the
details of all such works executed/under execution either being executed in their name or being
executed as joint venture within India or abroad (bidder’s share) have been provided in the
Annexure 1 & II and is correct. In case of any concealment of information, the bidder’s bid will
be rejected. Please note that the affidavit as mentioned above should be duly notarized and
submitted along with the bid. No relaxation in this criteria is permitted.
(d) The bidder shall have to submit certificate of registration under GST. Scanned copy of TIN
No. as issued by GST department has to be uploaded along with the copy of the latest filed
return. It is mandatory &failing to abide by it, the bid will be rejected being not in
conformity.

Joint Venture Agreement for Consortium

(On Non – judicial stamp paper of Rs 100 duly attested by notary public)

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This Memorandum of Understanding (MoU) entered into this day of 201______________________________
___________________________(hereinafter) referred as” __________”) and having office at ________________

Party of the First Part

___________________________ (hereinafter) referred as” __________”) and having office at ________________

Party of the Second Part

___________________________ (hereinafter) referred as” __________”) and having office at ________________

Party of the Third Part

The parties are individually referred to as Party and collectively as Parties. Whereas
DELHI JAL BOARD (the “Employer”) has invited Proposals from interested Firms and/or
Consortiums for Appointment of Private operator for _________ Project[s]. AND WHEREAS the
Parties have had discussions for formation of a Consortium for bidding for the said Project and
have reached an understanding on the following points with respect to the Parties rights and
obligations towards each other and their working relationship.

IT IS HEREBY AS MUTUAL UNDERSTANDING OF THE PARTIES AGREEDAND DECLARED AS


FOLLOWS:
1. That M/s ________________ who is the Lead Members of the Consortium commits to hold a
minimum stake equal to __% of the Consortium at all times during the Contract Period.
2. That any dilution of participation interest by the Parties in the consortium shall be as per
the provisions of the Contract.
3. That the Parties shall carry out all responsibilities as per terms of the Contract.
4. That the roles and the responsibilities of each Party at each stage of the Bidding shall be as
follows:
Name of Consortium Role (Leader Percentage Share Responsibilities
Member Member in JV/Consortium
or Member)

No changes in the percentage share in JV/consortium shall be allowed thereof, except in


accordance with the provisions of the Contract document.

5. That the Parties affirm that they shall implement the Project in good faith and shall take all
necessary steps to see the Project through expeditiously. They shall not negotiate with any

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other party for this Project.

6. That the parties shall be jointly and severally liable for execution of the project.

7. In case of default of member(s) the following recourse shall be applicable:

8. That this MoU shall be governed in accordance with the laws of India and courts in Delhi,
India shall have exclusive jurisdiction to adjudicate disputes arising from the terms herein.

In witness whereof the Parties affirm that the information provided is accurate and true and have
caused this MoU to be duly executed on the date and year above mentioned.

Name, Designation and Signature of

Authorized signatory of Party of the first part:

Authorized signatory of Party of the second part:

Authorized signatory of Party of the third part:

Witness 1:-

Witness 2:-

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Financial Eligibility Criteria

The single entity or lead member, in case of a Joint Venture, should individually satisfy
thefollowing eligibility criteria completely

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B.1 Annual Turnover as per Format 1

Minimum average annual construction turnover (defined as turnover from construction


works)in immediate last 3 years i.e. FY2014-2015, 2015-16, 2016-17, to be 30% of the ECV

Note: - Specify the years for which the average turnover is to be calculated. For bids Announced in
Q1 or Q2 of a financial year, data for penultimate financial year and its 2preceding financial
years will be demanded. For bids announced in Q3 or Q4 of a financial year, data for 3
preceding financial years will be demanded. Example: if a bid is announced in May 2011,
then data for FY 2009-10, 2008-09 and 2007-08 will be demanded. And, if a bid
isannounced in Nov 2011, then data for 2010-11, 2009-10 and 2008-09 will be demanded)
B.2.1 Net Worth as per Format 2
Minimum Net Worth of the bidder for financial year 2016-17 should be positive on or
before the date of bidding. NetWorth is defined as: Net Worth = (Subscribed and Paid-up equity
capital + Reserves) – (Revaluation reserves + miscellaneous expenditure not written-off + reserves
not available for distribution to equity shareholder).

(Note: - Specify the year for which the net worth is to be calculated. For bids announced in
Q1 or Q2 of a financial year, data for penultimate financial year will be demanded. For bids
announced in Q3 or Q4 of a financial year, data for the preceding financial year will be
demanded. Example: if a bid is announced in May 2011, then data for 2009-10 will be
demanded. And, if a bid is announced in Nov 2011, then data for 2010-11 will be
demanded)
Example:
Sources of Fund 100 5 Application of Fund
Subscribed and Paid-up equity capital 100 Fixed Assets 200
Reserves Current 120 Assets 100
Retained Profits 50 Investments 35
Share Premium 50 Miscellaneous expenditure not 5
written- off
Revaluation Reserves 10
Reserves not available for distribution to equity 10
shareholder
Loans 100
Other Payables 20
340 340
(all values in INR crores)

Net Worth = (Subscribed and Paid-up equity capital + Reserves) – (Revaluation reserves +
miscellaneous expenditure not written-off + reserves not available for distribution to equity
shareholder)

20
Net worth= (100 + 120) - (10+10+5) = Rs. 195 crores

B.2.2 Solvency
The solvency amount should be equal to 40% of the estimated cost of the work or more.

B.3 Profitability as per Format 3


Profit before tax should be positive in at least 3 (THREE) years, out of last 5 (five financial
years) i.e. 2016-17, 2015-16, 2014-15,2013-14 and 2012-13.

(Note:- Specify the years for which the profitability is to be checked. For bids announced in Q1 or
Q2 of a financial year, data for penultimate financial year and its 4 preceding financial years will be
demanded. For bids announced in Q3 or Q4 of a financial year, data for 5 preceding financial years
will be demanded. Example: if a bid is announced in May 2011, then data for FY 2009-10, 2008-09,
2007-08, 2006-07 and 2005-06 will be demanded. And, if a bid is announced in Nov 2011, then
data for FY 2010-11, 2009-10, 2008-09, 2007-08 and 2006-07 will be demanded)

B.4 Available bidding capacity as per Format 4A (applicable for all projects with ECV greater
than INR 25 Cr.)
The bidder should have a minimum available bidding capacity of 100 % of the ECV
The available bidding capacity shall be worked out by the following formula
Bidding Capacity = (A*N*2) – B
where, A= Maximum value of construction works executed in any one year during the last
five financial years i.e. 2016-17, 2015-16, 2014-15,2013-14 and 2012-13taking into account
the completed as well as works in progress (updated to the current price level), rate of inflation has
been taken as 10% compounded per year). N = Number of years prescribed for completion of
works for which bids has been invited). B= Value at current price level of existing commitments
and ongoing works to be completed during the next 1 years (period of completion of work for
which bids have been invited).Bidders will give a calculation for the same.

(Note:- Specify the years for which the value of construction works is to be checked. For bids
announced in Q1 or Q2 of a financial year, data for penultimate financial year and its 4
preceding financial years will be demanded. For bids announced in Q3 or Q4 of a financial
year, data for 5 preceding financial years will be demanded. Example: if a bid is announced
in May 2011, then data for FY 2009-10, 2008-09, 2007-08, 2006-07 and 2005-06 will
bedemanded. And, if a bid is announced in Nov 2011, then data for FY 2010-11, 2009-10,
2008- 09, 2007-08 and 2006-07 will be demanded)
Example:
1. For calculating “A” – let’s assume the maximum value of construction turnover in last 5
financial years is Rs. 100cr in FY 2009-10. Then taking 10% as given inflation rate, the

21
present value of the maximum construction turnover in FY 2010-11 shall be Rs
110cr[=100*(1+10%)].
2. For “N”, let’s assume the current project duration to be 3 years.
3. For “B”, let’s assume that value for existing commitments and ongoing work 2010-11, 2011-
12 and 2012-13 be Rs. 100 cr., Rs. 150 cr. and Rs. 200 cr respectively. Then taking 10% as
given discount rate, the current price level of existing commitments and ongoing works
shall be Rs. 401.65 cr. [={100/(1+10%)^0} + {150/(1+10%)^1} +{200/(1+10%)^2}].
Bidding Capacity = (A*N*2) – B
= (110*3*2) – 401.65 = Rs. 258.35 cr.

B.5 Working Capital as per Format 5 (The bidder shall demonstrate that it has access to, or has
available liquid assets (aggregate of working capital, cash in hand) and/or lines of credit sufficient
to meet the construction cash flow requirements, minimum estimated as 15 % of ECV as on 31st
March 2017.
(For estimated contract value; ECV >= INR 100 Cr.) The bidder shall demonstrate that it has access
to, or has available liquid assets (aggregate of working capital, cash in hand) and/or lines of credit
sufficient to meet the construction cash flow requirements, minimum estimated as 10 % of ECV
subject to a minimum of INR 15 Cr. Ason 31st March, 20XX.

(Note:- Specify the year for which the working capital is to be calculated. For bids announced in Q1
or Q2 of a financial year, data for penultimate financial year will be demanded. For bids
announced in Q3 or Q4 of a financial year, data for preceding financial year will be
demanded. Example: if a bid is announced in May 2011, then data for FY 2009- 10 will be
demanded. And, if a bid is announced in Nov 2011, then data for FY 2010-11 will be
demanded)

B.6 Litigation

Bidder shall submit along with the bid details of all pending litigation as per attached
Format 6. The maximum possible legal liability arising out of all the pending litigation should not
exceed 50% of net worth of the bidder.

Note: All the financial calculations required under clauses B.1 to B.6 shall be done by the
Contractor and shall be certified by its statutory auditor, else the information will not be
considered for evaluation.

Format 1 Information on Average Annual construction turnover:

{To be printed on the authorized Letterhead of the Bidder or the Lead JV/Consortium Member,

22
including full postal address, telephone, faxes and e-mailaddress}

Individual bidder or lead member of a JV must fill in this form


Annual Turnover Data for the Last 3 years (Construction Only)
Year Amount (in INR)

Average Annual Construction Turnover

{This format should be certified by the Statutory Auditor of the Bidder / lead member, in case of
JV/consortium}
The consortium turnover will include turnover achieved from construction and operation &maintenance
activities

Format 2 - Information on Net-worth

{To be printed on the authorized Letterhead of the Bidder or the Lead JV/Consortium Member,

23
including full postal address, telephone, faxes and e-mail address}

Financial Information (in INR) FY 2016-2017


1 Subscribed and Paid-up equity capital
2 Reserves
3 Revaluation Reserves
4 Miscellaneous Expenditure not written off
5 Reserves not available for distribution to equity
Shareholder
Net Worth (1+2)-(3+4+5)
Net Worth of the bidder as on 31/03/ 2017= (Amount in INR)_______________

{This format should be certified by the Statutory Auditor of the Bidder / lead member, in case of
JV/consortium}

Format 3

Information on Profitability

24
{To be printed on the authorized Letterhead of the Bidder or the Lead JV/Consortium Member,
including full postal address, telephone, faxes and e-mail address}
Individual bidder or lead member of a JV must fill in this form

Profit Before Tax Data for the Last 5 Years


Year Amount (in INR)
2016-2017
2015-2016
2014-2015
2013-2014
2012-2013
{This format should be certified by the Statutory Auditor of the Bidder / lead member, in case of
JV/consortium}

Format 4A

Information on Available Bidding Capacity

25
{To be printed on the authorized Letterhead of the Bidder or the Lead JV/Consortium Member,
including full postal address, telephone, faxes and e-mail address}

Individual bidder or lead member of a JV must fill in this form. Refer original Clause for clarification
Description Value
Maximum value of construction works executed in any
oneyear during the last five years updated to the (value in Indian Rupees)
current price
level; A
Note:- Bidders to fill information in the Format 4B to
providedetails of construction works in last 5 years
(Value in years. To bespecifiedby
Duration of Contract; N Employer to avoidambiguity)
Value of existing commitment for next [N] years at
currentprice level; B (value in Indian Rupees)
Note:- Bidders to fill information in the Format 4C to
providedetails of existing commitments
Available Bidding Capacity = (A*N*2 - B) (value in Indian Rupees)
{This format should be certified by the Statutory Auditor of the Bidder / lead member, in case of
JV/consortium}

Format 4B

{To be printed on the authorized Letterhead of the Bidder or the Lead JV/Consortium Member,
including full postal address, telephone, faxes and e-mail address}
Form to be filled for each of last 5 financial years
Form for FY 20XX-20XX
Brief Contract Value of the works
S. Project Starting Completion executed in FY 20XX-
Scope of Value (in
No. Name Date 20XX (in INR)
Work INR) Date

4
Total value of Construction Work in FY 20XX-20XX (in INR)

{This format should be certified by the Statutory Auditor of the Bidder / lead member, in case of
JV/consortium}
Format 4C

{To be printed on the authorized Letterhead of the Bidder or the Lead JV/Consortium Member, including full

26
postal address, telephone, faxes and e-mail address}

S.No Descriptio Postal Contrac Startin Scheduled Value of Remark


. n Addres t g Completio the work s
of Work s Value Date n to be
(include of (in Date complete
scope of Client 4
d
work, & in [N]
location, details years (in
technology of INR)
used, etc.) Officer-
in-
Charge
1
2
3
4
5
Total (in INR)

{This format should be certified by the Statutory Auditor of the Bidder / lead member, in case of
JV/consortium}

RBI exchange rate for the year of award to be referred for conversion in INR

Format 5
Information on Working Capital

27
{To be printed on the authorized Letterhead of the Bidder or the Lead JV/Consortium Member,
Including full postal address, telephone, faxes and e-mail address}

Working Capital Available with the bidder as on 31/03/2017 = (Amount in INR)_____________

{This format should be certified by the Statutory Auditor of the Bidder / lead member, in case of
JV/consortium}

Format 6
Information on Litigation

28
{To be printed on the authorized Letterhead of the Bidder or the Lead JV/ConsortiumMember including full
postal address, telephone, faxes and e-mail address}

{To be provided for each firm/JV/consortium member}

Name of Name of Estimated


S. agency Present
Applicant/JV/Consortium financial
No. with which
member liability
litigation and Status
brief
subject

{This format should be certified by the Statutory Auditor of the Bidder / lead member, in case of
JV/consortium}

29
Technical Eligibility Criteria

Technical Eligibility General Conditions

a. Bidders shall submit experience certificates as per the required format, in Annexure 1 and
30
Annexure 2, wherever relevant, to meet eligibility criteria.

b. If a firm claiming technical eligibility through a project and the project is executed in
consortium/ JV with other firm, then, along with the experience certificates, the firm shall
submit the joint venture agreement entered into with the other partner and the contract
agreement with the client for that particular work.

c. All experience certificates (in original as well as an English translation copy) produced by
overseas companies should be attested / apostil from the Indian Embassy in the country
where the project was executed OR Embassy of the country (where project was executed)
in India. The email id and telephone numbers of the concerned Embassy official attesting
the documents shall also be mentioned. In case any certificate is found to be forged, the bid
shall be rejected and the concerned firm is liable to be debarred from taking part in future
tenders by Employer for a period of 1 year.

d. All certificates uploaded on the e-procurement site and in hard copy (which is a true image
of the uploaded certificate) shall be clearly legible. Any certificate found to be illegible or in
deviation to the soft copy shall not beconsidered for evaluation purposes. Clarification may
be sought in this regard.

e. Operation & Maintenance experience, for the purpose of evaluation, shall be counted post
commissioning only. In case there is overlap in the DLP and O&M period, benefit of both
will be given for the period of overlap.

i. TechnicalEligibilityCriteria for Water/WastewaterNetworkSystem FOR LAYING OF


PIPELINES FOR WORKS COMPRISING OF OPEN CUT AND TRENCHLESS/
MICROTUNNELLING WORK

31
FOR LAYING OF PIPELINES FOR WORKS COMPRISING OF OPEN
Project CUT ANDTRENCHLESS/MICROTUNNELLING WORK
Description
Item rate, percentage rate or EPC (Engineering, Procurement and
Type of Contract Construction)/ DB

Unit of Capacity Length in meters

(1) The bidder is required to have experience of such works either in water or
sewerage sector as under:
a) One completed & commissioned work of pipeline laying of cost
not less than the amount equal to 60% of the estimated cost put to
tender or more
OR

b) Two completed & commissioned works of pipeline laying of each


costing not less than the amount equal to 40% of the estimated cost
put to tender
OR

c) Three completed & commissioned works of pipeline laying of


Eachcosting not less than the amount equal to 30% of the estimated
cost put to tender

The above works should have been completed in the last 7 years as
reckoned from the month of issue of this NIT.
General Eligibility Criteria
The bidder is required to have experience of such works similar
to the proposed work as applicable in sewerage sector as
under:

water /sewerage work, having item of laying of pipe of at least 450mm internal
dia having been laid via trenchless method in a single shot of at least length of
60 meter
Particular
Eligibility Criteria
Bid Parameter Capital Cost (Amount put to bid by the bidder for the project)
Bid Evaluation Lowest Capital Cost as quoted by bidder
Quality Assurance Plan (The bidder will have to execute the project in
Key Performance accordance with the QAP and standard30and specific technical specification as
Indicators specified in the contract)

30Standard is relevant BIS or any international standard as applicable to the project. In absence
of standard available for project component good industry practice shall be applicable.

Annexure – 1: Total Work Experience in DJB type of Activities

Project Data Sheet Give list of all completed/ ongoing projects in last 7 years:

32
S. Description Details
No.
1. Name of Project, Location
2. Description of work
Business Model
O&M (Item Rate/
Percentage Rate/
Civil E& Cost Total
3. Contract Value (in crores) EPC/DBO/PPP)
including (With
M Electricity, Percentage
Cost Cost
Cost Manpower, financial
Chemicals contribution if
etc. any in
CAPEX and
OPEX
a) Awarded
b) Final Executed
Name of client, Postal
4. Address, Phone/ Fax No./ E
– mail

5. Designed Capacity/ Length


6. Treatment Process used, if
Applicable
7. Technology Used if
Applicable
8. Influent characteristics, if
applicable
9. Effluent characteristics, if
applicable
10 Applicable KPIs
11 Year in which KPI achieved
12 Other salient features, if any

13. Completion Dates Date of award


Scheduled Starting
Date
Scheduled
completion date
Actual Completion
date

S. Description Details
No.
Delay in months, if
any

33
Reasons for delay, if
any
Scheduled
commissioning date
Actual
commissioning date
Delay in months, if
any
Reasons for Delay, if
any
Defect Liability
Period, Start Date
Defect Liability
Period, End Date
Operation &
Maintenance period,
if applicable, Start
Date
Operation &
Maintenance, End
Date
14. *Scope of work executed by
Bidder’s organization
INDIVIDUAL
15. Basis of Execution
CONSORTIUM / JOINT VENTURE
16. Details of lead member in
case of JV
17. Details of other members in
case of JV

Actual scope of work done by the JV partner who is applying for this tender.

Certificate not as per above format will not be considered for evaluation

(Signature & official stamp of the bidder)

Note 1:- Separate data sheet has to be filled for individual projects.
Note 2:- The previous contracts against which experience is not claimed as part of eligibility for this tender
can be self-certified.
Note 3:- Self attested copies of client certificates shall be enclosed.

Annexure – 2: Requirement to meet Technical Eligibility Criteria

The Contractor should submit the experience certificates from the respective clientscontaining the

34
following information:

1. Name of Work
2. Location
3. Scope of Work
4. Capacity
5. Cost of Work
6. Name of Client
7. Details of Client (Department, address, telephone number, email id)
8. Duration of Work
9. Scheduled date of start of Work
10. Scheduled date of completion of Work
11. Actual date of start of Work
12. Actual date of completion of Work
13. Delay, if any
14. Amount of penalty, if any
15. Present status of Work
16. Performance of Work

Annexure 3 Lowest life cycle summary -NOT APPLICABLE


Annexure 4 Format of Road restoration-NOT APPLICABLE

Annexure – 5: Affidavit to be filled by the bidder


(on a non-judicial stamp paper of Rs. 100)

From,

35
(Contractor’s Details)

To,
The Office of the Executive Engineer (C) DR - XIV
Delhi Jal Board,S.P.S.Najafgarh,
New Delhi – 110043.

Contract: (Contract Name)

Dear Sirs,

I/We have annexed to this Bid the following documents:

(i) Original Power of Attorney or other proof of authority of the person who has signed the Bid or
Copy of Power of Attorney or other authority duly certified by a Gazetted Office or a Notary
Public in proof of authority of the person who has signed the Bid
(ii) Audited Balance sheet of the Bidder for the last 5 (Five) years
(iii) Letter of award and completion certificates for the eligible projects
(iv) Documents as per the eligibility criteria
(iv) Any additional documents as listed below:
………… ……… ……… ……… ……… ……… ……… ………… ……… ……… ……… ……
………… ……… ……… ……… ……… ……… ……
I/We hereby undertake that the statements made in the bid and the information given in Annexure
referred to above are true in all respects and that in the event of any such statement or information being
found to be incorrect in any particular, the same may be constructed to be a misrepresentation entitling
Delhi Jal Board to cancel the bid or terminate any resultant Contract.

I/We undertake that we have no conflict of interest as specified in the bidding documents for the
above Contract and that if found otherwise, Delhi Jal Board can take all requisite measures, including but not
limited to cancellation of bid or terminate any resultant Contract, as per provisions of Contract.

I/We further undertake as and when called upon by Delhi Jal Board to produce for its inspection,
original(s) of the document(s) of which copies have been annexed hereto.

Yours faithfully,

(Signature(s) of the Bidder(s))

Name & Designation of authorized person signing the Bid on behalf of the

Bidder(s) Full Name and address of the Bidder(s)

SECTION – IV: TECHNICAL SPECIFICATIONS


1. Scope of Work
1.1 Delhi Jal Board (DJB) is implementing a work ofP/L Sewer Line in Bijwasan West.
1.2 The principal items of works to be carried out under this contract are as following:

36
Providing, laying, jointing, testing and commissioning of sewers in area, including construction of
manholes & appurtenances etc.
1.3 The location plan and alignment plan of the proposed sewer are shown in the enclosed drawing.
1.4 The work is described under this contract document shall include following works
(i) The contractor is advised to inspect site before tendering to ascertain the quantum and cost of
work and include this cost in their offer.

(ii) Excavation or trenches and foundation for all works and other ancillary worksin all sorts of
strata with necessary dewatering, wherever applicable including refilling of trenches, disposal
of surplus soil and clearance works.

(iii) Cutting of roads after proper approval.

(iv) Dewatering, if required, for satisfactory completion of works.

(v) Construction of manholes.

(vi) Restoration of roads.

(vii) Removal of defects in laying and jointing of all sewers, fittings and manholes during defect
notice period.
(viii) Compliance of all safety rules at work sites.
(ix) To take all safe guards to avoid accident at site, prevent loss to other pipe lines, telephone and
electric cables and other government or private property/utility during all phases of working.
(x) Utility shifting such as Electric pole/ Cables/ Telephone Pole/ Water Supply lines etc, if
required to complete scope of works.
(xi) Preparation of completion drawings.
(xii) Third party inspection.

2. General Information
2.1 Location & Description of Work

The Delhi Jal Board (DJB), (hereinafter be referred to as the “Employer”) has processed to execute the works
detailed given in NIT,P/L Sewer Line in Bijwasan West.
Works to be kept Clear of Water
2.2.1 The contractor shall keep the works drained until the Engineer-in-Charge certifies that the whole of
the work is substantially complete and shall ensure that so far as in practicable all work is carried
out in dry condition. Excavated area shall be kept well drained and free from standing water.

2.2.2 The contractor shall construct, operate and maintain all temporary dams, watercourses and other
works of all kinds, including pumping and well point dewatering that may be necessary, to exclude
water from the works while they are in progress and till they are handed over to maintenance cell.
This refers to surface water/ waste water that may enter into the excavated constructions work. It
shall be further noted that disposal of surface/ sub-soil water/ wastewater away from the site into
some existing drain/ nallah shall be done by Contractor at his own cost. No claim in this regard shall
be entertained.

37
2.2.3 Notwithstanding any approval by the Engineer-in-Charge of the Contractor’s arrangements for
the exclusion of water/ waste water, the Contractor shall be responsible for the sufficiency
thereof, and for keeping the works safe at all times, particularly during any floods or
monsoon and for making good at his own expense any damage to the works, including any
that may be attributable to floods shall be at the Contractor’s own risk.
2.3 Discharge of Water into Existing Water Course

2.3.1 The Contractor shall make provision for the discharge or disposal from the works and
temporary works of all water and waste water products howsoever arising and the
methods of disposal shall be to the satisfaction of Engineer-in-Charge and of any Authority
or person having an interest in any land or watercourse or in which waste may be so
discharged

2.4 Prevention of Pollution

2.4.1 The contractor shall ensure that at all times during the construction of the works all reasonable
precautions are taken to the satisfaction of the Engineer-in-Charge to prevent pollution of the Site
end of the environment. In particular, the Contractor shall prevent pollution arising from the
disposal or spillage of sewage, diesel, fuel, oil, liquid mud or from the disturbance of natural dust,
aggregate dust or cement dust.

2.5 Effects of Weather

2.5.1 The contractor shall ensure that no damage occurs to the works during construction by arranging
adequate protection for excavation or other works against the effects ofdrought, sunshine, wind or
rainfall (including erosion and flooding). No work shall be performed when in the opinion of the
Engineer-in-Charge such work is liable to beinjuriously effected by the weather. The contractor
shall have no claim against the Owner on account of loss alleged to have been sustained directly or
indirectly by reason of the Engineer-in-Charge declining to permit such work to start or continue, or
ordering any work damaged by the weather to be made good or removed and re-executed.
2.6 Work Methodology
2.6.1 The construction shall be in phase sequence as directed by Engineer-in-Charge.
2.6.2 Normally work should be taken up from downstream end.
2.6.3 Before starting the work, L-section of the work along the alignment up to connection point shall be
prepared and bench mark be fixed at various intervals.
2.6.4 Before excavating the trench, the alignment of sewer line shall be approved by the Engineer-in-
Charge.

2.6.5 Only such reach shall be given to the contractor, which can be controlled, keeping into consideration
the availability of cement, labour and other material with the contractor.

2.6.6 The trial pits/ trenches shall be taken by the Contractor at his own cost, without being directed to
do so, along the proposed sewer line alignment, in advance of the excavations for the purpose of

38
satisfying himself as to the location of underground obstructions or conditions, the contractor shall
proceed with caution, in any excavation and shall use every means to determine the exact location
of underground structures, pipelines, conduits etc., prior to excavation in the immediate vicinity
thereof. The Contractor shall be solely responsible for the cost of protections or repair or
replacement of any structure, pipeline/ storm water drain, conduit etc. above or below ground,
which may be broken or otherwise damaged his operations.

3. Detailed Specifications

3.1 Civil Works

3.1.1 The work shall be carried out in accordance with the latest Central Public Works Department
(CPWD) specification as on the date of receipt of tenders. The specific technical requirements given
herein are supplementary to the said CPWD specification. In case of any variations between the
CPWD specification and the specifications given herein, the latter shall prevail. In cases, where the
CPWD specification and the specifications given below are silent about any aspect in respect any
item of work, the work shall be carried out as per the relevant IS Code of Practice with up to date
amendments and as per sound engineering practice as decided by Engineer-in-Charge

3.2 Earth work in Excavation

3.2.1 The setting out of works, carrying out confirmatory survey for checking the levels shall be carried
out by the Contractor at his own cost. The construction methodology and sequence of work should
be submitted by the Contractor within 15 days after the letter of acceptance and prior to start of the
construction activities at site. The levels, slopes and diameters of sewers shall be as per the drawing.
The excavation of the trench shall be done in accordance with the relevant clauses of excavation of
CPWD Standard Specifications.

3.2.2 Applicable Codes

a) The following Indian Standard Codes, unless otherwise specified herein, shall be applicable.
b) In all cases, the latest revision of the codes shall be referred to:-

. IS 14333 Code of practice for laying of HDPE pipes.

. IS 4127 Code of practice for laying of Glazed Stoneware Pipes

. IS 1200 Methods of Measurement of Building and Civil Engineering Works (Part I to Part 28)
. IS: 16098 (Part-2) 2013 for DWC pipe

c) IS 3764 Excavation Work – Code of Safety


d) IS 2720 Methods of Tests for Soils
3.2.3 Excavation in Trenches

a) Excavation shall be carried out as per the latest CPWD specifications applicable for the work.
The side slope for excavation shall be decided by the Engineer-in-Charge depending upon the
sub-soil strata and availability of land. In case of the space constraints restricted excavation
width shall be allowed and the contractor shall carry out close/open timbering to keep the

39
trench in position. The procedure and process of timbering/shoring etc. shall be as per CPWD
specifications. The payment shall be made as per provision in the Bill of Quantities of the work.
b) Excavation in soil: In firm soils, the sides of the trenches shall be kept vertical up to a depth of
1.5 meters from the bottom. For greater depths, allowing steps of 45 cms on either side after
every 1.5 meters from the bottom shall widen the excavation profiles. Alternatively, the
excavation can be done so at to give slope of 1:4 (1 horizontal: 4 vertical). Where the soil is soft,
loose or slushy, the width of steps shall be suitably increased or sides sloped or the soil shored
up as directed by the Engineer-in-Charge. It shall be the responsibility of the contractor to take
complete instruction in writing from the Engineer-in-Charge regarding the stepping slopping or
shoring to be done for excavation deeper than 2 meters.

c) Excavation in ordinary/ hard rock shall be carried out by crowbars, pickaxes or pneumatic
drills and blasting operation shall not be adopted.

d) The line and level of trenches shall be as shown on the Drawings or as may be required by the
Engineer-in-Charge. Before commencing Trench Excavation, the route of the trench shall be
pegged out accurately and the ground levels shall be agreed with the Engineer-in- Charge.
Strong sight rails shall then be fixed and maintained at each change of gradient and at as many
intermediate points as may be necessary. On these rails shall be marked the centerline and the
level to which the excavation is to be carried out, such rails being not more than thirty five
meters apart.

e) In case of excavation for foundations or for laying of sewers/pipe lines/ drains in trenches or
over areas, the bed of excavation shall be to the correct level or slope and consolidated by
watering and ramming. If the excavation for foundation is done to a depth greater than that
shown in the drawings or as required by the Engineer-in-Charge, the excess depth shall be
made good by the contractor at his own cost with the concrete of the mix used for leveling/bed
concrete for foundations. Soft/defective spots at the beds of the foundations shall be dug out
and filled with concrete (to be paid separately) as directed by the Engineer- in-Charge.

f) Any widening or deepening of Trench Excavations necessary to accommodate curves, joints or


bends in the pipe as shown on the drawings or when ordered by the Engineer-in-Charge shall
be considered in the excavation but that required by the Contractor to provide extra working
space for the construction thereof shall be held to be Excess Excavation (which is not paid for).
Any excavation outside these limits which has not been ordered by the Engineer-in-Charge shall
be held to be Excess Excavation. No length of Trench Excavation shall be started until the pipes
to be laid in that length are available on the site.
g). In case the excavation is done wider than that shown on the drawings or as required by the
Engineer-in-Charge, additional filling wherever required on this account shall be done by
contractor at his own cost.

h). Excavation of final 150mm depth shall be done just prior to lean concrete.

i) The excavated earth shall be stacked sufficiently away from the edges of the trench as per
provisions given in CPWD specification / IS code. The clear distance between the edge of
the excavation and the stacked earth shall be 1.5 meter or half of the depth of excavation
whichever is more. In case of space constraints, special permission of Engineer-in-Charge
shall be taken.

40
j). The trenches having more than 1.2 meter depth shall be provided with a ladder which
shallextend from the bottom of the trench to at least 90 cm above the ground level for
inspectionby the contractor at his cost.

k). During the excavation the natural drainage of the area shall be maintained. Excavation
shallbe done from top to bottom. Undermining or undercutting shall not be done.

l). From safety point of view, where required, the trenches shall be provided with GI
sheetbarricading which shall be painted with red and white strips as directed. The payment
shallmade only if the item is included in the bill of quantity otherwise the cost of the
sameshall be considered as inclusive in the offered rate.
m). At no point of time the trench shall be allowed to be excavated in a continuous
lengthbeyond 5m. The excavated trenches shall remain fully barricaded and fitted with
cautionboard/lamps as the case may be. The contractor will be fully responsible for any
mishaps.The sign boards for diversion of traffic shall also be provided by the contractor.

3.2.4 Method of Excavation

a) Excavation by manual methods only be employed at locations near existing pipe lines,
sewer lines, underground cables, for finishing of trenches, narrow streets and at locations
directed by Engineer-in-Charge or his representative. At all other locations excavation may
be done by manual or mechanical appliances as practicable and safe.
3.2.5 Trial Pits or Trenches
a) The Engineer-in-Charge may require trial pits or trenches be excavated well ahead of the
trench excavation to such depths as he shall order to determine the alignment for the
trench. Any further trial pits or trenches required by the Contractor to determine the
position of underground services, sub-soils, drains or for any other reason shall be
excavated and reinstated at the Contractor’s expense.
b) The Contractor shall arrange for the refilling and reinstatement of trial pits or trenches to
be carried out immediately after the required information is obtained. The reinstatement to
the surfaces of trial pits or trenches shall be carried out to the approval of the Engineer-in-
Charge.

3.2.6. Trench Excavation in Roads and Footpaths

a). All trench excavation and other work carried out within the limits of any road shall be
completed as rapidly as possible and not more than half of the width of the carriageway
shall be obstructed at a time. Road drains and grips shall be kept free from obstruction. All
trench excavation and other work carried out within the limits of any road shall be
completed as rapidly as possible and not more than half of the width of the carriageway
shall be obstructed at a time. Road drains and grips shall be kept free from obstruction.
b). In a event the Contractor shall take special precautions, which shall include the continuous
support of the sides of the excavation, from the time when excavation is begun until the
refilling of the trench is place, to ensure that there is no disturbance of the adjacent road or
road foundation.
c). Here excavated material has temporarily been deposited on grass margin or road
pavement, the margin or road pavement shall on completion of refilling be restored entirely
to its original condition and left free from loose stones.
3.2.7 Trimming Trench Excavations

41
a) Where no bedding material is specified to be laid beneath the pipe the bottom of Trench
Excavations shall be carefully boned in and trimmed true to grade with the aid of a straight
edge at least six meters long so as to ensure a continuous support for the pipes. The trench
bottom shall then be pricked over with a fork and any stones or flints either likely to cause
the pipe to bed unevenly or to damage the pipe and its coating or greater than 20mm in size
shall be picked out of the pipe bed and any holes so formed shall be filled in with soft
material and trimmed to the correct level.

b) Where no bedding material is specified, all shattered and loose material shall be removed
from the bottom of the Trench Excavation so that the bedding material rests on a solid and
clean foundation.

3.2.8 Disposing Material from Trench Excavation

a). Subject to any specified requirements of the Contract, the Contractor shall make his own
arrangements for the temporary storage of any excavated material, which is required for
use in refilling Trench Excavations, including any necessary double handling. In this
connection the Contractor shall have regard to the working areas available to him for the
construction of the pipeline particularly where this is located in roads or in other places to
which the public has free access. Any temporary tips alongside the Trench Excavations shall
be to stable slopes and heights.

b). Where the nature of the excavated material is suitable the Contractor’s temporary storage
as aforesaid shall include for the separate storage as the Engineer-in-Charge may direct of
any of the various grades of material hereinafter specified for the refilling and surface
reinstatement or Trench Excavation, namely, soft material, coarse material, hard material
and topsoil.

c). Any excavated material not required for or not suitable for use as refilling as aforesaid or
for use elsewhere in the Works shall become property of the owner and shall be disposed
off to the nearest specified area as per the defined leads.

3.2.9 Trenches not be left open

a). Trench Excavation shall be carried out expeditiously and subject to conditions of the Contract,
the refilling of Trench Excavations shall be commenced and completed as soon as reasonable
practicable after the pipes have been laid and jointed.

b). Pipe lying shall follow closely upon the progress of Trench Excavation and the Contractor shall
not permit unreasonably excessive lengths of Trench Excavation to remain open while waiting
testing of the pipeline. The contractor shall take precautions to prevent flotation of pipes in
locations where open Trench Excavations may become flooded, and these precautions may
include the partial refilling of the trench leaving pipe joints exposed while awaiting tests of the
joints.
c). If the Engineer-in-Charge considers that the Contractor is not complying with any of the
foregoing requirements he may prohibit further Trench Excavation until he is satisfied with the
progress of laying and testing of pipes and refilling of Trench Excavations.

3.2.10 Existing Service

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a) Where Trench Excavation is carried out close to or across the line of sewers, pipes, cables and
other services, the Contractor shall, where necessary, provide temporary supports or slings and
where such sewer, pipe, cable or other service is temporarily disturbed it shall be replaced for
which nothing extra shall be paid (as per Clause 3.23 GCC “ Precaution during Execution”) except
for the provision made in Bill of Quantities.

b) Where in the opinion of the Engineer-in-Charge, construction of the pipeline cannot reasonably
be carried out unless the sewer, pipe, cable or other service is permanently severed or
permanently diverted or permanently supported by concrete he shall order the Contractor to
undertake such work.

c) Notwithstanding any relevant information furnished by the Engineer-in-Charge, the contractor


shall be responsible for ascertaining from his own inspection of the site and from the respective
supply authorities and other public bodies the positions of all mains, pipes and cable whether
underground or overhead, within or near the Site.

3.2.11 Hedges, Fences and Walls

a). Where the Trench Excavation crosses barriers such as hedges, fences and walls, the Contractor,
as temporary measure during construction of the pipeline, shall provide temporary fencing for
any parts of such barriers as have had to be removed.

b). After Trench Excavation has been reinstated; the Contractor shall carry out such work as the
Engineer in-Charge may order for permanent restoration of such barriers.
3.2.12 Crossing Water courses etc.

a). Where the pipeline crosses Nallah, culverts and other watercourses, the Contractor shall be
deemed to have allowed for all the additional measures necessary for the proper construction
of the pipeline at these crossing including maintaining the full flow of water across the trench.

3.2.13 Dewatering
a). All excavations shall be kept free of water; Grading in the vicinity of excavations shall be
controlled to prevent tidal and surface water running into excavated areas. Contractor shall
remove by pumping or other means any water inclusive of rain water and subsoil water
accumulated in excavation and keeps all excavations dewatered until the foundation work
is completed and backfilled. Sumps made for dewatering must be kept clear of the
excavations/trenches required for further work. Method of pumping shall be acceptable to
the Engineer-in-Charge, but in any case, the pumping arrangement shall be such that there
shall be no movement of subsoil or blowing in due to differential head of water during
pumping. Pumping arrangements shall be adequate to ensure no delays in construction.
When there is a continuous inflow of water and quantum of water to be handled is
considered in the opinion of Engineer-in-Charge as large; well pint system, single stage or
multistage, shall beadopted. The Contractor shall submit to Engineer-in-Charge his scheme
of well pit system including the stages, the spacing, number and diameter of well points,
headers etc., and the number, capacity and location of pumps for approval. Unless
separately provided for in the bill of quantities, the cost of dewatering shall be included in
the item rate for excavation and all other scope of work, wherever applicable.

3.2.14 Shoring

a) Timber shoring shall be close or open type, depending on the nature of soil and the depth of
pit or trench. The type of timbering shall be as acceptable to the Engineer- in-Charge. It

43
shall be the responsibility of the Contractor to take all necessary steps to prevent the sides
of excavations, trenches, pits, etc., from collapsing.
b) Timber shoring may be required to keep the sides of excavation vertical to ensuresafety of
adjoining structures or to limit the slope of excavations, or due to spacerestrictions or for
other reasons. Such shoring shall be carried out, except in anemergency, only under
instructions from Engineer-in-Charge.

c) The withdrawal of the timber shall be done very carefully to prevent the collapse ofthe pit
or . It shall be started at one end and preceded systematically to theother end. Concrete or
masonry shall not be damaged during the removal of the timber. No claim shall be
entertained for any timber, which cannot be retrieved.
d) In the case of open timbering, the entire surface of the side of trench or pit is not required
to be covered. The vertical boards of minimum 25cm x 4cm sections shall be spaced
sufficiently apart to leave unsupported strips of maximum 50cm average width. The
detailed arrangement, sizes of the timber and the spacing shall be subject to the approval of
Engineer-in-Charge. In all other respects, specification for close timbering shall apply to
open timbering.

e) In case of large pits and open excavations, where shoring required for securingsafety of
adjoining structures, the method of shoring shall be submitted to theEngineer-in-Charge for
his approval. If, the Engineer-in-Charge directs anytimbering to be left-in, Contractor shall
be paid for at an agreed rate for such left-intimbering.
f) Unless separately provided for in the Bill of Quantities, shoring is deemed to havebeen
included in the unit rates quoted for excavation. If separately provided in theBill of
Quantities the actual effective area of shored faces as approved by Engineer-in-Charge shall
be measured in s.q.m. All planks, boards, walings, verticals, struts,props and all other
materials required for shoring and subsequent safe dismantlingand removal shall be
deemed to be included in the quoted unit rates.

3.2.15 Sub Soil Water

a). The excavation under sub-soil water shall be classified as excavation in saturated soil.
b. The sub-soil water table is likely to be met with during the execution of work. For measurement of
different items required to be executed at site, actual sub-soil water table shall be recorded in 3 pits
dug along the specified length of alignment and the average steady water level shall be taken. The
sub-soil water table shall be recordedby the department/Engineer-in-charge/ a team of Engineers
and the contractor. The measurement of works/items as per Bill of Quantities executed under sub-
soil water will be made/worked out with center of gravity i.e. the quantity will be calculated by
multiplying the depth measured from top of sub-soil water level up to the center ofgravity of cross-
sectional area of the item.

c. The contractor shall arrange sufficient number of diesel and Electric Pump forlowering down the
water table below the required excavation level and to keep theexcavation dry for sufficient period
to enable getting of works executed. Thecontractor shall also arrange at his cost Diesel generator
Sets of adequate capacity asa standby arrangement in good running condition including making
pressure releaseholes if necessary and plugging the same subsequently to the satisfaction
ofEngineer-in-Charge. Pumping of sub-soil water shall be ensured to be continued tokeep sub-soil
water level well below the deepest construction level during executionto avoid floatation of the
partially constructed structure due to uplift pressure ofsubsoil water. This arrangement shall be
maintained till full structure has beenconstructed the uplift pressure due to sub-soil water.
d. The sub-soil water pumped will be drained off to the proper disposal point. The drain shall be kept
cleaned regularly. Contractor shall ensure hygienic conditions as per the guidelines and procedure
of the health/sanitation department and nothing extra shall be paid on this account.
e. While withdrawing the casing pipes of the bores, the space and the cavity so formed, the contractor

44
shall fill the same with sand at his own cost.
3.2.16 Refilling

a. Refilling of the trenches shall proceed with the soft material free from stone and hard
substance; compaction of the same shall be done as per CPWD specifications.
b. In case of pipelines, soft material free from stones or hard substances shall first beused and hand
pressed under and around the pipes to half their height. Similar softmaterial shall then be put into a
height of 30cm above the top of the pipe and thiswill be moistened with water and well rammed.
Filling in the remainder of thetrench shall be done with excavated earth in regular horizontal layers
each notexceeding 20cm in depth. All lumps and clods exceeding 8cm in any direction shallbe
broken. Each layer shall be watered and consolidated.

c. Before and during the backfilling of a trench, precautions shall be taken against thefloatation of the
pipeline due to the entry of large quantities of water into the trenchcausing an uplift of the empty or
the partly filled pipeline. Upon completion of thebackfill, the surface shall be restored fully to the
level decided by Engineer-in-Charge.

d. Sheeting driven below the spring line of a sewer shall be withdrawn a little at a timeas the
backfilling progress. Some of the backfilled earth is forced into the voidcreated by withdrawal of
sheeting.

3.2.17 Cement

a) The contractor shall procure ISI mark OPC (ordinary Portland cement) of 33 grade
(conforming IS: 269) or above grade (conforming to IS: 8112) as required for the work only
manufactures as approved by Ministry of Industry, Govt. of India, and holding license to use
ISI certification mark for their product whose name shall begot approved from
Engineer-in-charge before use. Test report from manufacturersfor each lot purchased
shall be submitted before use. Mandatory test of cement asrequired by CPWD specifications
1996-2002 or last edition of specification at Delhi(till date of receipt of tender) and as per
provisions of relevant BIS codes shall alsobe got done by the Engineer-in-Charge as and
when considered necessary supply ofcement shall be taken in 50 Kg. bags bearing
manufacture’s name and ISI markingsamples of cement from the lot arranged by the
contractor shall be taken by theengineer-in-charge and got tested in accordance with
provisions of relevant BIScodes. In case test result indicate that the cement arranged by
contractor does notconform to the relevant BIS codes same shall stand rejected and shall be
removedfrom the site by the contractor at his own cost within a week’s time of written
orderfrom the Engineer-in-Charge to do so. In case the quantity of cement required for the
completion of entire work is less than 20 tones, Engineer-in-Charge may allow its purchase
from the local dealers. In that case the entire lot will purchased at one time and use of the
same shall be allowed only after its testing as per clause 3.1.4.1 according to IS: 4031 Part
II, III, V & VI, from the lab and on its conformity to required specification.
b) The cement shall be brought at site in bulk supply of approximately 20-50 tons or as
decided the Engineer-in-Charge.
c). The contractor shall construct cement good owns at the site of work for storing the
materials sample against damages from sun, rain, dampness, fire, theft etc. the godown shall
have a minimum storage capacity of 2000 bags of cement. Nothing extra shall be paid on
this account.
The cement bags shall be stacked on pucca floor consisting of two layers of dry bricks land
well-consolidated earth at a level of at least one-foot above ground level. These stacks shall
be rows of 2 and 10 bags high with a minimum 0.75m clear space all round. The bags
should be placed horizontally continuous in each line.
d) Each go down shall be provided with a single door with two locks. The keys of one lock shall
remain with ‘Assistant Engineer-in-Charge of work’ and that of the other lock with the
authorized agent of the contractor at the site of work, so that the cement is issued from the
godown according to the daily requirement with the knowledge of both the parties.

45
e) The contractor shall facilitate the inspection of the cement godown by the Engineer-in-
charge any time.

f) The contractor shall supply free of charge the cement required for testing. The cost of tests
shall be borne by the contractor.

g) The actual issue and consumption of cement on work shall be regulated and proper account
maintained as provided in the contract/ CPWD manual. The theoretical consumption of
cement shall be worked out as per procedure prescribed in the contract and shall be
governed by conditions laid therein.

h) Cement brought to site and cement remained unused after completion of work shall not be
removed from site without written permission of the Engineer-in-Charge.

i) The Assistant Engineer/Jr. Engineer-in-Charge and signed daily shall maintain the day to
day receipt and issue accounts of cement by the contractor or his authorized agent.
3.2.18 Steel
a) The contractor shall procure TOR/ TMT steel reinforcement bars conforming to relevant
BIS code from the manufacturers as approved by the Ministry of Steel. The contractor shall
have to obtain and furnish manufacturers 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 in
relevant BIS codes. In case the test results indicate that the steel arranged by the contractor
does not conform 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 orders from the
Engineer-in-Charge to do so
b) The steel reinforcement shall be brought to the site in bulk supply of 10 tons or more or as
decided by the Engineer-in-Charge.
c). In case the requirement of the steel is less than 10 tones, the Engineer-in-Charge may allow
its purchase from the local market but the same shall be allowed for use after its testing
from the lab and its conformity to the required specifications.
d) The steel reinforcement shall be stored by the contractor at site of work in such a way as to
prevent distortion and corrosion. Bars of different sizes and lengths shall be store
separately to facilitate easy counting and checking. Nothing extra shall be paid on this
account.

e). For checking nominal mass, tensile strengths, bend test, re-bend test, etc., specimen of
sufficient length shall be cut from each size of the bar at random at frequency not less than
that specified below and as per CPWD specifications with up to date correction slips.

Size of Bar For consignment below For consignment over


10 tones 100 tones

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Under 10 mm dia One sample for each 25 One sample for each 40
tones or part thereof tones or part thereof

10mm to 16mm dia. One sample for each 35 One sample for each 45
tones or part thereof tonnes or part thereof

Over 16mm dia. One sample for each 45 One sample for each 59
tonnes or part thereof tonnes or part thereof

f). The contractor shall supply free of charge the steel required for testing. The cost of test
shall be borne by the contractor. Steel brought to site and steel remaining unused shall not
be removed from site without the written permission of the Engineer-in-Charge.

g). Only standard weights of the steel for the measured quantity shall be payable. The
overweight beyond standard weight shall not be considered for payment and the lower
weight steel shall be rejected.

3.2.19 Bar Bending Schedule

It shall be the responsibility of the contractor to prepare bar bending schedule based on
structure drawings for all RCC items of work.

3.3 Cement Concrete

a) All concrete shall be mixed with mechanical mixer except otherwise allowed by the
Engineer-in-Charge.
b) The concreting of RCC work shall commence only after the formwork and steel
Reinforcement have been inspected and approved by the Engineer-in-Charge.
c) Nothing extra shall neither payable nor extra quantity of cement considered onaccount
of use of cement slurry for continuation of concrete.

3.4 Specification of Pipes and Manhole frame and covers

3.4.1Double Wall Corrugated (DWC) Polyethylene (PE) Pipes/ HDPE pipes:

TechnicalSpecifications:-

 DWC pipe of class SN 8 structured wall polyethylene piping system (pipe with online/offline
coupler and elastomeric sealing ring)with non- smooth external annular corrugated and
smooth internal surface (double wall ) for non- pressure underground sewerage and drainage
application as per EN: 13476-3/IS 16098 (Prt-2):2013 shall be applicable.

 Lowering, laying and jointing of class SN 8 structure wall (external annular corrugated and
smooth internal surface)polyethylene piping and fitting with the help of coupler
(online/offline) attached with one end of pipes, sliding over the elastomeric sealing rubber ring
placed on the specified valley of the corrugation at the spigot end, lowering the same into the
trench, laying on the lower bedding (constructed at bottom of trenches) at prescribed gradient,
depth and alignment ,testing the water tightness of joints, ensuring the continuity test of

47
specified pipe segment etc shall be done as per relevant IS code.
 The pipe manufacturer should have valid BIS license for manufacturing of DWC pipe of all the
required sizes as per IS 16098-2 (2013). The bidder shall include this valid license/acceptance
of application along with their bid.

 The Material, Physical, Mechanical Characteristics and the Performance requirements shall be
governed by above IS code and the other relevant IS standards that has been mentioned within.

 The Contractor shall be responsible for the performance tests at the Manufacturer’s place in
presence of the Engineer-in-charge or the authorized representative(s) of the client and/or by
the authorized ‘Third Party’ deployed by the client. HDPE pipe shall conform to IS: 14333.

3.4.2 Specifications for Glazed Stoneware Pipes

All pipes with spigot and socket ends shall conform to Class SP1 of IS: 651/2007 or latest edition.
These shall be sound, free from visible defects such as fine cracks or hair cracks. The glaze of the
pipes shall be free from crazing. The pipes shall give a sharp clear note when struck with a light
hammer.

The following information shall be clearly marked on each pipe:

 Internal diameter;
 Class of pipe;
 Name of manufacturer or his registered trade-mark or both.

All pipes shall be ISI marked.

3.4.3 SFRC Frame and Cover

(i) The manhole covers and frames shall be extra heavy duty (EHD – 35 grade designation) steel fiber
Reinforced concrete (SFRC) and shall conform to IS 12592. These shall be provided as per site
requirement. The contractor shall submit the names of manufacturer’s of manhole cover and frame in
order to check the ISI mark of the manufacturers and other details.

(ii) Only ISI marked SFRC manhole frame and covers shall be used and shall bear the marking as under or as
per approval of Engineer-in-Charge: Only ISI marked SFRC manhole frame and covers shall be used and
shall bear the marking as under or as per approval of Engineer-in-Charge:
a) Sewer
b) Delhi Jal Board
c) Year of Manufacturing
d) Heavy Duty / Extra Heavy Duty
e) Name of Manufacturer

iii) The manholes frame and covers brought at site shall also be checked thoroughly before put to use such as
edges should not be broken, ISI marked, name of manufacturers and demarcation of third party. However,
2% of the material of each lot shall be broken at site in the presence of Engineer/ Assistant Engineer so as

48
to ascertain the quantity of steel as per ISI code. Proper record shall be maintained at site for the broken
manhole frame and covers. In case the steel found as per ISI specifications, payment for the broken
material shall be made to the contractorat the rate given in the BOQ after deducting the salvage value of
steel.

3.5 Laying of Pipes

3.5.2 Laying of the pipeline shall be done as per relevant IS code/ CPWD Standard Specifications.

3.5.3 The bedding for sewer lines shall be provided as specified in the drawings and as per direction of
the Engineer-in-Charge.

3.5.4 The pipes and specials shall be stacked along the alignment in advance with utmostcare during
transit so that they are not damaged. Any damage due to these reasons shall be Contractor’s
liability.
3.5.5 All the sewer lines are to be laid perfectly true both in alignment and to gradientspecified. In case of
spigot and socket pipe, the socket end of the pipe shall face upstream.

3.5.6 The sewer lines shall be laid such that the marking on pipes appears at the top of the pipes.

3.5.7 Properly fitted temporary wooden stoppers shall be provided to close the ends of all incomplete
sewer line. The stoppers are only to be removed when pipes are being laid and jointed. Opening at
end of day’s work shall be capped and sealed.

3.5.8 Sewer pipe laying and jointing shall be started and completed only section wise as per the
instruction of the Engineer-in-Charge. The sections shall be chosen from manhole to manhole.

3.5.9 The work of sewer line laying and manhole construction shall be done simultaneously so that
hydraulic testing can be done efficiently. The construction of the works shall progress from
downstream end (i.e.) the discharge point and proceed towards upstream.

3.5.10 In case contractor finds any discrepancy in the Ground Levels and/ or Inver Levels during the
setting out of work he shall immediately bring it to the notice of the Engineer-in-Charge for
necessary rectification before commencing the pipe laying works.

3.5.11 All the pipes shall be loaded/ unloaded with suitable arrangements with mechanical devices like
cranes, chain pulley blocks etc. and will not be unloaded on tyres. The pipes shall be so stacked/
placed along the alignment that the flow of traffic is not affected.

3.5.12 Necessary levels as per L-section prepared by the contractor based on the Design Table shall be
given by the contractor or his authorized site Engineer and the same will be checked by the site staff
of the department before the contractor is allowed to proceed for excavation. Contractor shall be
fully responsible for correct levels even after the execution of work. If they are found wrong, the
work will be rejected and no payment for the defective work shall be made by the department. The
contractor shall make good the work and the payment will be made only for the work done as per
specifications.

3.6 Jointing of Glazed Stone Ware (GSW) Pipes

49
Jointing of glazed stone ware (GSW) pipes shall be done as per CPWD specifications and the relevant
IS code.

3.6.1 Spigot and Socket Joint (Cement Joint)

The spigot of each pipe shall be slipped home well into the socket of the pipe previously laid
and adjusted in the correct position. In each joint, spun yarn soaked in neat cement slurry or tarred
gasket shall be passed around the joint and inserted in it by means of a caulking tool. More skeins of
yarn or gasket shall be added if necessary and shall be well caulked. Yarn or gasket so rammed shall
not occupy more than one- fourth of the depth or socket.

Cement mortar (1:1) shall be slightly moistened and carefully inserted by hand into the
remaining space of the joint after caulking of yarn or gasket. The mortar shall than be caulked into
the joint with a caulking tool. More cement mortar shall be added until the space of joint has been
completely filled with tightly caulked mortar. The joint shall then be finished off neatly outside the
socket at an angle of 45˚.

The cement mortar joints shall be cured at least for seven days before testing.

The approximate quantities of cement required for each joint for certain common sizes of pipes are
give below for guidance:
Nominal diameter of pipe (mm) Cement (kg)
150 1.5
200 2.0
250 2.5
300 3.25
350 4.5
400 5.5
450 6.5

After jointing, extraneous material if any, shall be removed from the inside of the pipes and the
newly joints shall be thoroughly cured.

3.6.2 Construction of Manholes

The construction of manholes shall be done as per drawings of the department. The
contractor shall provide necessary template, formwork to achieve the proper shape and the size of
manhole. The manhole shall be built in brick with extruded burntsewer bricks confirming to IS 4885
– 1988. The size s of circular manholes proposed to be constructed are as under.

Depth 0.91 to 1.67 m 90 mm diameter


For depth 1.68 to 2.28 m 1220 mm diameter
For depth 2.29 to 4.16 m 1520 mm diameter

The manhole spacing in general shall be 15m or more, which will be specified in the
construction and at every junction, change in direction or change in diameter of pipe. The manhole
dimensions and other details shall be as per the drawings. The location of manholes shall be as per

50
drawing or layout given by the Engineer-in-Charge.
3.6.3 Fixing of Footrests
It shall be the responsibility of the contractor to fix footrests as per requirement in the walls of the
manholes at the time of construction of manholes.

3.7 Testing of Sewer Lines

All pipes shall be tested before being put into commission as under:

a) Hydraulic test shall be performed by filling the sewer line with water and raising the head to the
required pressure. The required water level shall be maintained for sufficient time.

b) In case of sewer line is laid below subsoil water level, its testing shall be done when all the well
point equipment/ pumping units are removed from the trenches.

c) 20% of the cost of lying of sewer line shall be withheld till such time the testing is done to the full
satisfaction of the Engineer-in-Charge.

3.7.1 Field Hydraulic Test of Pipeline

a. The Sectional Hydraulic Test shall be carried out after the pipeline section to be tested has been laid
jointed and backfilled to a depth sufficient to prevent floatation.

b. Each length of the pipeline to be tested shall be capped or blanked off at each end and securely
strutted or restrained to withstand the forces which will be exerted when the test pressure is
applied.

c. The proper method of filling the pipeline with water shall be used. The length under test shall be
filled making certain that all air is displaced through an air valve or any other appropriate
mechanism. The test length shall then remain under constant moderate pressure as per testing
method given in relevant IS code
d. As per IS code, water required to build-up allowable drop in pressure during test will be treated as
make up water.
e. Notwithstanding the satisfactory completion of the hydraulic test, if there is any discernible leakage
of water from any pipe or joint, the Contractor shall, at his own cost, replace the pipe, repair the
pipe or re-make the joint and repeat the hydraulic test with cost including the cost of water.
3.7.2 Hydraulic testing of manholes and DWC pipes shall be carried out along with testing of pipe line which
is mandatory. The contractor at his own cost shall arrange the required water for testing and other
requirements. The testing shall also be checked by the senior officer of DJB.

3.8 CCTV Survey

a) For sewer lines of size 280mm dia and 315mm dia CCTV shall be carried out for
length of 5 % and for the sewer having size more than 315mm dia but less than 680mm dia the CCTV
survey shall be carried out to an extent of 10%. Disc test for the balance length shall be carried out to ensure
that there is no missing link/ pardi/ debris in the line before release of the final payment. In case any defect is
noticed in the sample length the entire length of the sewer line shall be checked with CCTV survey.
b) CCTV survey shall be carried out for the entire length of the sewer lines having size 680mm
dia and above. The rates for the above shall be inclusive of the above operation and requirement
one (1%)of the cost of the item of providing/laying/ jointing of the sewer line shall be kept on hold

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till such time the testing iscompleted to the satisfaction of the Engineer-in-Charge.

3.9 Completion Drawings

3.9.1 The Contractor shall submit to the Engineer-in-Charge within two months of actual completion of
the individual works but not later than the completion date of Contract, “as built Drawings” as
specified below. These Drawings shall be accurate and correct in all respects and shall be shown to
and approved by the Engineer-in-Charge.

3.9.2 The contractor, along with a soft copy in CD, shall supply completed and as built works certified
drawings on six prints and one polyester film of appropriate size sheets. Plan with scale 1: 1000 (A1
Size) showing the roads along with other details such as property width, storm water drains,
footpaths, location of electrical/ telephone poles along with all the dimensions wherever possible
shall be prepared. The type of road, footpath details etc. shall be further elaborated in terms, of their
dimensions and material used. Finally exact alignment of sewer, road side chamber and manhole
details such as type and size of pipe, GL & IL at each manhole, dia of manhole, etc. shall be marked
on the plan. Nomenclature of network shall be same as given in the network design
drawingfurnished to the Contractor during execution. The connection details at the existing outfall
sewer shall be shown in plan and section.

3.9.3 The water pipe lines, valves, their sizes, material, depth etc. and other services which are
encountered during the excavation and trial trench shall also be shown on the completion drawings.

3.11 Precautions to be observed for sewerage works during Monsoon

a) Works of construction of deep sewers shall be stopped during the monsoon season. However, the work
of laying shallow sewer works inside lanes/ streets of the colonies can be taken up, provided SE is
satisfied that continuation of the work in a length not exceeding 100m is not going to cause
inconvenience to the public.

b) Immediately after showers, be it a working day or holiday, the Contractor and JE/AE must inspect
works under progress or which have already been completed in the recent past and if there is any
settlement in the filled earth, the same shall be immediately got attended by getting required back
filling. If barricading is required, the same shall be got done immediately.

3.12 Handing Over

After the completion of the above work the same shall be handed over to the concerned maintenance wing of
the department.

3.13 P/L/J SEWER LINES USING TRENCH LESS TECHNOLOGY

i) Auger boring method / Tunnel Boring / HDD / Pushing Method shall be adopted as per

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requirement and diameter of pipe, and payment will be made as per B.O.Q. and no other claim
on account of method will be entertained.

ii) The Contractor shall submit to the Engineer-in-charge a detailed work plan and schedule before
executing of work. The work plan shall include a description of all equipment to be used, down-hole
tools, a list of personnel and their qualifications and experience (including back-up personnel in the
event that an individual is unavailable), a safety plan, traffic control plan (if applicable), an
environmental protection plan and contingency plans for possible problems. Work plan shall be
comprehensive, realistic and based on actual working conditions for this particular project. Plan
shall document the thoughtful planning required to successfully complete the project.

iii) Horizontal directional drilling using suitable boring device with cutting head to drill the horizontal
bore, subsequently the pipe has to be pushed in the bore as it progresses, to keep the formation
supported and to prevent any settlement of the road under speed restrictions. Each length of the
pipe shall be firmly welded, so that the alignment is straight and thereby there is no hindrance to
the pulling of underground cables through the pipes thereafter. The approximate length of HDD
work is mentioned in BOQ. However, it may increase or decrease according to actual requirements
to meet unforeseen contingencies.

iv) The horizontal directional drilling has to be carried out at suitable depth as per site conditions.

v) The contractor will be required to conduct GPR Survey, excavate trial trenches / pits where ever
required, at right angles to the proposed trenchless route, or as directed by the Engineer-in-charge,
to ascertain the location of the existing utilities of other agencies.

vi) The contractor shall asses, ascertain and visualize all type of hindrances, unforeseen items and
make all arrangements for complete removal of the same at his own cost and no extra payments
shall be made on this account.

vii) The contractor will be required to verify the utility services and underground structure by GPRS or
any other suitable method as per direction of Engineer-in-Charge before start of work.

viii) The pipe shall be inserted along with boring to keep the foundation supported to prevent any
settlement of road.

ix) The longitudinal movement and the level of pipe have to be checked after each push. It is generally
observed that pipe tends to lift up at jacks end while pushing and has therefore to be rectified by
shifting the jacks a bit below the central axis before applying future jack pressure.

x) The bank above the pipe should be constantly tested by tamping with crow bars.

xi) If the soil is sandy or loose, not more than10 to15 cm in depth should be excavated in front of the pipe
at a time and the pipe should be pushed to occupy the space immediately.

xii) In case, rock or any other obstruction is encountered during the execution of work, then, the particular alignment
will be abandoned and boring shall be carried out at new location. The contractor will ensure proper compaction
of the hole made either by leaving the inserted pipe in place duly plugging the ends or sand filling.

53
xiii) The contractor will take full precautions during trenchless work to avoid damage to any underground service,
cable etc.

xiv) Sufficient number of sleepers’ cribs and service span shall be kept ready at site for quick restoration
of Traffic.

xv) Excess earth or rubble remaining if any, after refilling the trenches should be removed at the contractor’s
cost to the satisfaction of the representative of the road owning agencies.

xvi) The contractor will be entirely responsible for any damages caused in the course of boring work, to
cable or any other assets of DJB or other organizations, he will have to make good the damages at
his own cost. In case the cable of other underground utilities are damaged by the contractor, then
the amount which becomes payable to other organization will be deducted from the running bills.

xvii) The sub soil water level on the alignment is high therefore it may be required to lower down by
suitable method, so that work is executed in perfectly dry condition on complete alignment.

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Section – V

GENERAL CONDITIONS OF CONTRACT

Delhi Jal Board


General Conditions of Contract

55
Important note for Users:-

This is a new document. Though certain existing clauses have been retained in the document, these have
been substantially edited to make them coherent with the overall structure. It is advised to read the clauses
completely even if user is familiar with the provisions of an existing clause.

Following important existing clauses are rearranged as below:

Clause Existing clause number New clause number


Compensation for Delay clause 2 clause 10.3
Time Extension for Delay clause 5 clause 10.4
Payments due to variation in clause 10C, 10CA, 10CC clause 14.1/ 14.2
prices after receipt of tender

Check List

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The Engineer-in-Charge for the Contract shall ensure that specific information as required under
the following clauses is provided along with the bid to the bidders.

Clause No. Clause Information required Check

Clause 2.4.3 Compensation for delay in Specify the present status of site clearances (V)
as applicable to the Contract
handing over the site
Clause 8.1.1 Insurance Requirement Presumptive valuation of existing assets (V)
(v)

Clause 9.3 Dismantled Material Specify the rates at which dismantled (V)
material shall be made available to the
contractor
Clause 9.5 Hire of plant & machinery Attach list of plant and machinery and (x)
(ii) their
hire rates available to the Contractor for
works
Clause 10.2 Incentive for early The clause shall be applicable only when (x)
DJB has a clear possession of land
completion
Clause Taxes Attach list of items against which (V)
12.10.3 concessional rates/Form C is applicable
Clause Payment due to variation in Check and confirm the coefficients for (V)
14.1.1/14.2.1 specific works
prices of material after
receipt of tender
Clause 14.1.3 Payment due to variation in Specify the base rates for calculating price (V)
variation
prices of material after
receipt of tender
Clause 15.3 Mobilization Advance Check the applicability of mobilization (x)
advance for the project
Clause 16.1 Defect Liability Period Check and confirm the defect liability (V)
period as applicable to the Works
Clause 17.6 Safety provisions for labour Attach DJB’s safety code as applicable to (V)
the Works
Eligibility General Eligibility Criteria Provide the detail of legal, financial and/or (V)
Criteria technical advisors/consultants engaged for
Section A: the specific Works
Clause(iii)b

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Acronyms

ASTM - American Society for Testing and Materials


BG - Bank Guarantee
BIS - Bureau of Indian Standards
BOQ - Bill of Quantities
CE - Chief Engineer
CI - Cast Iron
CPCB - Central Pollution Control Board
CPHEEO - Central Public Health and Environmental Engineering Organization
CPWD - Central Public Works Department
CTE - Chief Technical Examiner
DBO - Design, Built, Operate
DJB - Delhi Jal Board
DLP - Defect Liability Period
DPCC - Delhi Pollution Control Committee
DSR - Delhi Schedule of Rates
E&M - Electrical & Mechanical
EE - Executive Engineer
EMD - Earnest Money Deposit
GCC - General Conditions of Contract
GI - Galvanized Iron
GIS - Geographical Information System
GNCTD - Government of National Capital Territory of Delhi
HDPE - High Density Polyethylene
HYSD - High Yield Strength Deformed
IEEMA - Indian Electrical and Electronics Manufacturers’ Association
INR - Indian National Rupee
IPMA - Indian Pump Manufacturers Association
ISO - International Organization for Standardization
MDPE - Medium Density Polyethylene
MGD - Millions Gallons per Day
MoU - Memorandum of Understanding
MS - Mild Steel
MT - Metric Tonne
NHRC - National Human Rights Commission
NIT - Notice Inviting Tender
PERT - Program Evaluation and Review Technique
PHED - Public Health Engineering Department
PMS - Project Monitoring System
POL - Petroleum, Oil & Lubricants
QAP - Quality Assurance Plan
SE - Superintendent Engineer
T&P - Tools & Plants
VAT - Value Added

1.0 DEFINITIONS & INTERPRETATIONS


1.1 Definitions

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“Commencement Date” means the date of commencement of the Works and shall generally be
from the 10th day of issue of Work Order or unless otherwise specified in the Contract.
“Completion Certificate” means the certificate issued by the Engineer-in-Charge to the Contractor, on
request after successful completion subsequent to Completion Date of Works, pursuant to clause 15.1.
“Completion Date” means the actual date of completion or commissioning of the Works,
whichever is later, as recorded by the Engineer-in-Charge.
“Contract” means the present Contract Agreement, Letter of Intent, Work Order, Tender, Special
Conditions of Contract, these Conditions, the Technical Specifications, the Drawings, the Schedules and such
other documents as may be expressly incorporated in the present Contract Agreement.
“Contractor” means a person or a corporate body and the legal successor in title to such person
whose bid to carry out the Works has been accepted by the Employer and the Contract is signed.
“Contractor’s Bid” means the completed bidding document submitted by the Contractor to the
Employer.
“Contract Price” means the agreed price for executing the Works as defined in Letter of
Acceptance/ Work Order, and includes any adjustments in accordance with the Contract, thereafter.
“Cost” means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the
Site, including overhead and similar charges, but does not include profit.
“Defects” means any part of the Works not completed in accordance with the Contract or completed with
deficiencies and flaws and includes deficiencies, flaws, etc. developed during the execution of Works
and during the Defect Liability Period.
“Defects Liability Period” means the period from the Completion Date as certified by the Engineer-in-
Charge and specified in clause 16.1.
“Drawings” mean maps, drawings, plans, tracings or prints thereof, calculations and technical
information of a like nature provided by the Employer to the Contractor or annexed to the Contract, and any
modifications of such drawings and further drawings that may be issued by the Engineer-in-Charge from
time to time or approved by the Engineer-in-Charge in writing and includes such other drawings as are
made from time to time and furnished by the Contractor and approved by the Engineer-in-Charge.
“Employer” means the Board of the Delhi Jal Board (DJB), New Delhi, having its registered office at
Varunalaya Complex, Jhandewalan, Karol Bagh, New Delhi, constituted through an Act of the Delhi
Legislative Assembly on 6th April, 1998, acting through its Chief Executive Officer or any other officer so
nominated by the Chief Executive Officer and shall include their legal successors and permitted
assignees.

“Engineer-in-Charge” means the person appointed by the Employer, with due notification to the
Contractor, who is responsible for signing the Contract, supervising the Contractor, administering

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the Contract, release of payments due to the Contractor as per Contract provisions, and taking any
other decisions as per provisions of Contract. Any other approval including, but not limited to,
extension oftime, imposition of damages/penalty, approval of additional scope, approval of any
other deviations will be done as per extant delegation of power of Employer.
“Good Engineering Practice” means, Works carried out in accordance with the following
standards/ specifications,
 As specified in BIS, ISO or relevant standards of particular product
 Work done as per norms of relevant work described in CPHHEO, PHED, CPWD, Electricity
Board, amongst others.
 Manufacturers’ instructional manual for construction, erection, O & M of respective products
 Specification prepared drafted & approved by Engineer-in-Charge for
 undertaking the work, if not specified in above

“Good Industry Practice” means the practices, methods, techniques, designs, standards, skills,
diligence, efficiency, reliability and prudence which are generally and reasonably expected from a
reasonably skilled and experienced Contractor engaged in the same type of undertaking as
envisaged under this Contract and which would be expected to result in the performance of its
obligations by the Contractor in accordance with this Contract, Applicable Laws and Applicable
Permits in reliable, safe, economical and efficient manner.
“Letter of Acceptance” means the letter from the Employer or the Engineer-in-Charge, or a person
nominated by them on their behalf for this purpose, to the Contractor, conveying acceptance of the
Tender, subject to any modifications agreed to between the parties and includes advance
acceptance of the tender.
“Materials” means all equipment, components, fittings, and other materials including consumables,
raw materials etc. required to execute and complete the Works.
“Parties” means Employer or the Contractor or both, as the context requires. “Physical Completion
of Works” means completion of construction of all physical structures such that it is ready to use for
all intended purposes.
“Schedule” means the document(s) entitled schedule, completed by the Contractor and submitted
with the Letter of Tender, as included in the Contract. Such document may include the Bill of
Quantities, data, lists, and schedules of rates and/or prices.
“Site” means the places provided by the Employer where the Works are to be executed and any
other places as may be specifically designated in the Contract as forming part of the Site.
“Specification” means the specifications of the Works included in the Contract and any
modification or addition of such Works and approved by the Engineer-in-Charge.
“Special Conditions of Contract” means terms and conditions that sets out the rights and
obligations of the parties that are peculiar to a specific contract, or as necessitated by the
circumstances of specific works, and that forms a part of the Contract as laid out in clause 1.4.

“Stipulated Date of Completion” means date of completion of the Contract as specified in the

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Work Order.
“Stipulated Period of Completion” means the time period for completion of Contract as specified
in the Work Order. This period shall start from the Commencement Date and shall end at the
Stipulated Date of Completion.
“Sub Contractor” means a person or corporate body who has a Contract with the Contractor to
carry out a part of the Works in the Contract.
“Taxes” means any Indian taxes and duties including excise duties, customs duties, goods & service
tax, sales tax, local taxes, cess and any impost or surcharge of like nature (whether Central, State or
local) on the goods, material, equipment and services incorporated in and forming part of the Works
charged, levied or imposed by any Government Instrumentality, but excluding any interest,
penalties and other sums in relation thereto imposed on any account whatsoever. For the avoidance
of doubt, Taxes shall not include taxes on corporate income;
“Variation” means any change to the Works which is instructed or approved as variation by
Engineer-in-Charge, which causes a variation in the scope of work from what is contained in the
Contract.
“Works” means permanent and/or temporary work to be executed by the Contractor in accordance
with the Contract.
“Work Order” means the document of the Employer communicating its decision to award the
Works to the Contractor at the agreed Contract Price and specifying the Commencement Date and
Stipulated Date of Completion.
"Writing" means any hand-written, type-written or printed communication, email when followed
by written confirmation, including facsimile transmission resulting in a permanent record in
Contract.
1.2 Interpretation of documents
In this Contract, unless the context otherwise requires:

(i) References to any legislation or any provision thereof shall include amendment or re-enactment or
consolidation of such legislation or any provision thereof so far as such amendment or re-enactment or consolidation
applies or is capable of applying to any transaction entered into hereunder;

(ii) References to laws of India or Indian law or regulation having the force of law shall include the
laws, acts, ordinances, rules, regulations, bye laws or notifications which have the force of law in
the territory of India and as from time to time may be amended, modified, supplemented, extended or
reenacted;

(iii) References to a “person” and words denoting a natural person shall be construed as a reference to any
individual, firm, company, corporation, society, trust, government, state or agency of a state or
any association or partnership (whether or not having separate legal personality) of two or
more of the above and shall include successors and assigns;

(iv) The table of contents, headings or sub-headings in this Contract are for convenience of reference

61
only and shall not be used in, and shall not affect, the construction or interpretation of this Contract;
(v) The words “include” and “including” are to be construed without limitation and shall be deemed
be followed by “without limitation” or “but not limited to” whether or not they are followed by
such phrases;
(vi) Reference to construction or “Building” including, unless the context otherwise requires, survey
and investigation, design, developing, engineering, procurement, supply of Plant, Materials,
Equipment, labour, delivery, transportation, installation, processing, fabrication, testing,
commissioning and maintenance of the project (water/ waste water, networks, treatment and
storage as applicable) including removing of Defects, if any, and other activities incidental to the
construction and “construct” or “build” shall be construed accordingly;
(vii) References to “development” include, unless the context otherwise requires, construction,
renovation, refurbishing, augmentation, up-gradation and other activities incidental thereto,
and “develop” shall be construed accordingly;
(viii) Any reference to any period of time shall mean a reference to that according to Indian Standard
Time;
(ix) Any reference to day shall mean a reference to a calendar day as per the Gregorian calendar;
(x) References to a “business day” shall be construed as a reference to a day (other than Sundays
and other holidays for Employer) on which banks in [Delhi] are generally open for business;
(xi) Any reference to month shall mean a reference to a calendar month as per the Gregorian
calendar;
(xii) References to any date, period or project milestone shall mean and include such date, period or
project milestone as may be extended pursuant to this Contract;
(xiii) Any reference to any period commencing “from” a specified day or date and“till” or “until” a
specified day or date shall include both such days or dates;provided that if the last day any
period computed under this Contract is not abusiness day, then the period shall run until the
end of the next business day;
(xiv) The words importing singular shall include plural and vice versa;
(xv) References to any gender shall include the other and the neutral gender;
(xvi) “lakh” means a hundred thousand (100,000) and “crore” means ten million (10,000,000);
(xvii) “indebtedness” shall be construed so as to include any obligation (whether incurred as principal
or surety) for the payment or repayment of money, whether present or future, actual or
contingent;
(xviii) References to the “winding-up”, “dissolution”, “insolvency”, or “reorganization” of a company or
corporation shall be construed so as to include any equivalent or analogous proceedings under
the jurisdiction of law in which such company or corporation is incorporated or any jurisdiction
in which such company or corporation carries on business including the seeking of liquidation,
winding-up, reorganization, dissolution, arrangement, protection or relief of debtors;
(xix) Save and except as otherwise provided in this Contract, any reference, at any time, to any agreement,
deed, instrument, license or document of any description shall be construed as reference to that
agreement, deed, instrument, license or other document as amended, varied, supplemented,
modified or suspendedat the time of such reference; provided that this sub clause shall not operate so as
to increase liabilities or obligations of the Employer hereunder or pursuant hereto in any
manner whatsoever;

(xx) Any agreement, consent, approval, authorization, notice, communication, information or report
required under or pursuant to this Contract from or by any Parties or the Engineer-in-Charge shall be
valid and effective only if it is in writing under the hand of a duly authorized representative of
such Parties or the Engineer-in-Charge, as the case may be, in this behalf and not otherwise;
(xxi) The Schedules and Recitals to this Contract form an integral part of this Contract and will be in
full force and effect as though they were expressly set out in the body of this Contract;

62
(xxii) References to Recitals, Articles, clauses, Sub-clauses or Schedules in this Contract shall, except
where the context otherwise requires, mean references to Recitals, Articles, clauses, Sub-
clauses and Schedules of or to this Contract, and references to a Paragraph shall, subject to any
contrary indication, be construed as a reference to a Paragraph of this Contract or of the
Schedule in which such reference appears; and
(xxiii) The damages payable by either Parties to the other of them, as set forth in this Contract,
whether on per diem basis or otherwise, are mutually agreed genuine pre-estimated loss and
damage likely to be suffered and incurred by the Parties entitled to receive the same and are not
by way of penalty (the “Damages”)
(xxiv) Time shall be of the essence in the performance of the Parties’ respective obligations. If any
time period specified herein is extended, such extended time shall also be of the essence.

1.3 Ambiguities and Discrepancies

In case of ambiguities or discrepancies within this Contract, the following shall apply:

(i) Between two or more clauses of this Contract, the provisions of a specific clauserelevant to the
issue under consideration shall prevail over those in other clauses;
(ii) Between the clauses of this Contract and the Schedules, the clauses shall prevail and between
Schedules and Annexes, the Schedules shall prevail;
(iii) Between any two Schedules, the Schedule relevant to the issue shall prevail;
(iv) Between the written description on the Drawings and the technical specifications, the latter
shall prevail;
(v) Between the standard in CPWD manual and the relevant standard, the latter shall prevail;
(vi) Between the dimension scaled from the Drawing and its specific written dimension, the latter
shall prevail;
(vii) Between any value written in numerals and that in words, the latter shall prevail; and
(viii) For any discrepancy in the Contract relating to BOQ (Bill of Quantities), the nomenclature as
given in CPWD manual/ DSR/ EMPLOYER analyzed rates, as the case may be, shall prevail,
unless specified in the Contract.
1.4 Order of precedence
The Contract Agreement shall comprise the following documents in the given order of precedence:-
(i) Agreement on non- judicial stamp paper
(ii) Work order
(iii) Letter of Acceptance
(iv) Correspondence between parties
(v) Corrigendum/ Addendum issued, including bidders’ queries
(vi) Special Conditions of Contract
(vii) General Conditions of Contract
(viii) Technical Specifications
(ix) Accepted bid
(x) NIT or any other document
1.5 Correlation of document
The Contract documents are complementary and what is called for by any one of them shall be as
binding as if called for by all of them.

1.6 Signing of Contract

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The Contract should be signed by either parties within 21 (twenty one) days of issue of Work Order
or any such time period as decided by the Employer, failing which the Employer shall have the
right to forfeit the Earnest Money deposited during the bidding stage. The Employer shall also have
the right to forfeit the Performance Guarantee, submitted as per clause 6.1, in case Contractor fails
to sign the Contract in the stipulated time. However, Employer shall give a notification of 10 days
notice before forfeiting the Performance Guarantee. Further, the Contractor shall not be allowed
to participate inretendering, if any, for the Works.

1.7 Communication
All notices, communications, references and representation by either Party to the Contract
shall be in writing only.
1.8 Language
The Contract document shall be drawn up in English.

1.9 Law governing the Contract


The Contract shall be governed by the laws of India, including but not limited to laws ofGNCTD and
DWB act, in force and as amended from time to time and the Courts inDelhi shall have
exclusive jurisdiction in all matters under the Contract.

1.10 Compliance with bylaws and regulations


The Contractor shall comply with the provisions of any statute relating to the Works, regulations and
by-laws of any local authority and undertaking, including those controlling the utilities such
as, but not limited to, roads, railways, telephones and power supply, in whose area /
jurisdiction the Works is to be executed. The Contractor shall also comply with court
directives, if any after signing of Contract.

2.0 ENGINEER-IN-CHARGE & ITS REPRESENTATIVES

2.1 Duties and authority of Engineer-in-Charge and its representatives


2.1.1 The Engineer-in-Charge shall carry out the duties specified or implied in the Contract
including issue of instructions, decisions, certificates and orders, for administration of the
Contract and expeditious and timely completion of the Work. Should the Engineer-in-
Charge exercise any specific authority for which, as per the terms of his appointment, he
has to obtain the approval of the Employer, the Contractor shall deem such approval to
have been given by the Employer. Further, the Engineer-in- Charge may be assigned any
other duty by the Employer in interest of Work.

Duties and Authority of Engineer-in-Charge’s representative

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(i) The Engineer-in-Charge’s representative shall be appointed by and be responsible to the
Engineer-in-Charge and shall carry out such duties and exercise such authority as may be
delegated to him by the Engineer-in-Charge including the duty to supervise the Works and
to test and examine any materials to be used or workmanship employed in connection with
the Works.
Provided that the Engineer-in Charge's representative shall have no authority to relieve the
Contractor of any of his duties or obligations under the Contract, or to order any work
involving delay or any extra payment by the Employer, or to make any variation of or in the
Works, except as expressly provided in the Contract.

(ii) The Engineer-in-Charge may, from time to time, in writing delegate to the Engineer-in-
Charge’s representative, any of the powers and authorities vested in the Engineer-in-Charge, and he
may any time revoke such delegation. Any such delegation or revocation shall be in writing and the
Engineer-in charge shall furnish to the Contractor and to the Employer, a copy of all such written
delegation or revocation of powers and authorities. Any written instruction, decision or approval given
by the Engineer-in-Charge’s representative to the Contractor within the terms of such delegation, but
not otherwise, shall bind the Contractor and he Employer, as though it had been given by the Engineer-
in-Charge. Provided always as follows:

(i) Failure of the Engineer-in-Charge’s representative or his assistants, to disapprove any Works or
materials shall not prejudice the authority of the Engineer-in-Charge or Employer thereafter, to
disapprove such Works or materials or plant and order the pulling down, removal or breaking
up or replacement thereof. The Engineer-in-Charge’s representative shall have similar authority to
disapprove any Works or material or plant passed by his Assistants, appointed in terms of
provision of sub-clause 2.1.2 herein.

(ii) If the Contractor shall be dissatisfied by reason of any instruction or decision of the Engineer-in-
Charge’s representative, or questions any communication of the Engineer-in-Charge’s representative,
he may refer the matter to the Engineer-in-Charge, who shall thereupon confirm, reverse or vary
such decision or vary the contents of such communication. The Engineer-in-Charge’s
representative shall have similar authority to confirm, vary, and reverse any instructions and
decisions issued by his Assistants, appointed in terms of sub-clause 2.1.2 herein.

2.1.2 The Engineer-in- Charge or his representative may appoint any number of persons to assist them in
carrying out their duties under Sub-clause.

The Engineer-in- Charge or his representative shall notify to the Contractor the names, duties and
scope of authority of such persons. Such persons/assistants shall have the authority to issue
instructions / give decisions to the extent of duties assigned and powers delegated to them.

(i) Works to be executed under direction of Engineer-in-Charge


All Works to be executed under the Contract shall be executed under the direction and subject to the

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approval of the Engineer-in-Charge. The Engineer-in-Charge shall be entitled to direct at what point
or points and in what manner the Works are to be commenced and scheduled.

(ii) Instructions in writing

2.3.1 The instructions issued by Engineer-in-Charge shall be in writing or through email. However, if the
Engineer-in-Charge issues any oral instructions to the Contractor, the Contractor shall comply with
them.Provided that the Engineer-in charge shall confirm in writing the oral instructions within 2
[two] working days of issuing them.

2.3.1 In case the Contractor does not receive the written confirmation of the oral instruction within the
time prescribed in Sub-clause 2.3.1, the Contractor shall seek the written confirmation of the oral
instructions from the Engineer-in-Charge who issued the oral instructions. In case of failure of the
Engineer-in-Charge to reply to the Contractor within 2 (two) days of the receipt of the
communication from the Contractor, the Contractor shall not carry out the instruction.

2.4 Time Compensation for delay in handing over the site


2.4.1 The Employer shall ordinarily grant the Contractor the Right of Way which may, however, not be
exclusive to the Contractor:
(i) On the date(s) stated in Special Conditions of Contract; and
(ii) In the event Special Conditions of Contract does not specify any time schedule for providing the
Right of Way for any part of the Site , the Employer shall provide to the Contractor the Right of Way
to such part(s)within 30 (thirty) days of the Start Date.

2.4.2 Where Right of Way of a part of the Site is not given within fourteen days of the date specified in
sub-clause 2.4.1 for any reason other than Force Majeure or breach of this Contract by the
Contractor, the Contractor shall be entitled to extension of time. The extension of time shall be equal
to the period of delay in handing over the possession of the Site provided that if delays involve time
overlaps, the overlaps shall not be additive.

2.4.3 The Special Conditions of Contract shall state the present status of all clearances, including land
availability, obtained or awaited, as the case may be, indicating the expected dates of obtaining
clearances.
2.4.4 The Contractor shall allow access to and use of the Site and/or the Works for laying/installing
telegraph lines, electric lines or for such other public purposes as the Employer may require.

3.0 CONTRACTOR & CONTRACTOR’S OBLIGATIONS


3.1 Contractor and its representatives

3.1.1 A Contractor may be an individual, firm, company, corporation, Joint Venture, orconsortium
whether incorporated or not, who enters into the Contract with theEmployer, and shall include his

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heirs, his executors, administrators, successors, legalrepresentatives, as the case may be.
3.1.2 Contractor’s representative shall mean a person in supervisory capacity who shallbe so declared by
the Contractor and who shall be authorized under a duly executedpower of attorney to comply with
the instructions and to receive materials issuedby the Engineer-in Charge to the Contractor for
Works. He shall be capable of takingresponsibility for proper execution of Contract

3.2 Subcontracting
3.2.1 Minimum of following activities shall be performed by the Contractor and shall not besub
contracted:
(i) Project Management
(i) Planning, Scheduling, Monitoring
(iii) Quality Assurance

3.2.2 Prior approval of Employer shall be required before subcontracting any portion of Contract. The
approval shall be based on competency of subcontractor to do similar kind of activity which is to be
subcontracted.
3.2.3 Where the Contractor fails to comply with instructions under sub-clauses 3.2.1, the Engineer-in-
Charge shall have the power to adopt the course specified in clause 11.1 and in the event of such course
being adopted, the on sequences specified in the said clause 11.1 shall ensue.
3.2.4 The Contractor shall, at all times, be responsible and liable for all its obligations under this Contract
notwithstanding anything contained in the agreements with its Sub- contractors or any other
agreement that may be entered into by the Contractor, and no default under any such agreement
shall excuse the Contractor from its obligations or liability hereunder.
3.3 Removal of worker or subcontractor by Employer
The appointment of key personnel and subcontractor for the Contract shall be authenticated by the
Employer. The Engineer-in-Charge may require the Contractor to dismiss or remove from the Site
any person or persons or sub-Contractor who is found to be incompetent or indulging in
misconduct and the Contractor shall forthwith comply with such requirements within 21 days of
such notice from the Engineer-in-Charge. Such person(s) shall not be employed again at Site
without the written permission of the Engineer-in-Charge and the person(s) so removed shall be
replaced as soon as possible by competent substitutes. The decision of Engineer-in-Charge shall be
final and binding.

3.4 Contractor to keep Site clean

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During the progress of Works, the Contractor shall keep the Site reasonably free from obstructions
and shall store neatly any construction equipment and surplus materials and clear away and remove
from Site any rubbish or temporary work no longer required. On completion of the Works, the
Contractor shall clear away and remove from Site all construction equipment, surplus material and
temporary work. He should leave the whole of the Site and Works in a clean and tidy condition to
the satisfaction of the Engineer-in-Charge. Provided that where the Contractor fails to comply with
the requirements of this clause, the Engineer-in-Charge shall have the right to get this Works 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. It shall be the
sole responsibility of Contractor to follow the provisions of Environment (Protection) Act, 1986
during the execution of Works and existence of this Contract.

3.5 Unauthorized occupancy at the construction site


It shall be the responsibility of the Contractor to see that the Site is not occupied by any
unauthorized person during construction, and that Site is handed over to the Engineer-in-Charge with
vacant possession of complete building or site, as applicable and free from all encumbrances. Provided that
where such construction site is occupied illegally, and notwithstanding that the Works on the Site is
executed by the Contractor, the Engineer-in-Charge shall have the option to refuse to accept the said site in
that condition. Any delay in acceptance on this account will be treated as per provisions of clause
10.3, and the Contractor shall be liable to pay compensation for delays. Provided further that for such
delay a levy up to maximum of 5% of Contract Price may be imposed by the Engineer-in-Charge whose
decision shall be final both with regard to the justification and quantum of levy and shall be binding
on the Contractor.

Provided further that the Engineer-in-Charge may require through a written notice removal of any
illegal occupation of Site that comes into his/her knowledge at any time during the execution of the
Contract.

3.6 Changes in firm’s constitution to be intimated


Where the Contractor is a partnership firm, the previous approval in writing of the Engineer-in-
Charge shall be obtained before any change is made in the constitution of the firm. Where the
Contractor is an individual or a Hindu Undivided Family business concern such approval 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 the said previous approval is not obtained, the Contract shall be deemed to have been assigned in
contravention of clause 3.2 hereof and hence shall be liable for cancellation in which case the
Employer shall have the authority to forfeit the Performance Guarantee submitted for the Contract.

3.7 Indemnity by Contractor


3.7.1 Indemnity against All Actions of Contractor

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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 representative 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 by Contractor, without reference
to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

3.7.2 Indemnity against All Claims of Patent Rights and Royalties


The Contractor shall hold and save harmless and indemnify the Employer, its agents 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 connection with the Works and
from and against all 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.

3.8 Employment of technical staff and employees


The Contractor shall employ a qualified engineer(s) for supervision of the Works as under:-
For Works costing above Rs.50 lakhs - qualified graduate engineer(s) for the required domain
For Works upto 50 lakhs - A recognized diploma holder engineer(s) for the required domain
Where the Contractor fails to employ the qualified engineer as aforesaid he shall be liable to pay a
sum of Rs.20,000/- (Rupees ten thousand only) per week of default in the case of graduate
engineer’s and Rs.10,000/- (Rupees five thousand only) per week of default in the case of diploma
holder. The technical staff of the contractor should be available at Site on full time basis, to take
instructions.

The Contractor shall provide all necessary superintendence during execution of the Works and for
as long 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, qualifications,
experience, age, address and other particulars along with certificates, of the principal technical
representative to be in charge of the work. Such qualifications and experience shall not be lower
than specified in Special Conditions of Contract. The Engineer-in-Charge shall within 15 days of
receipt of such communication intimate in writing his approval or otherwise of such a
representative 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 according to the provisions of this clause.
Decision of the Employer shall be final and binding on the Contractor in this respect. Such a principal

69
technical representative shall be appointed by the Contractor soon after receipt of the approval from
Engineer-in-Charge and shall be available at Site within fifteen days of start of work. Where the
Contractor (or any partner in case of firm/company) himself has such qualifications, it will not be
necessary for the said Contractor to appoint such a principal technical representative but the
Contractor shall designate and appoint a responsible agent to represent him and to be present at the
Works whenever the Contractor is not in a position to be so present. All the provisions applicable to
the principal technical representative under the clause will also be applicable in such a case to
Contractor or his responsible agent. The principal technical representative and/or the Contractor
shall on receiving reasonable notice from the Engineer-in-Charge or his designated
representative(s) in charge of the Works in writing or in person or otherwise, present himself to the
Engineer-in-Charge and/or at the Site, as required, to take instructions. Instructions given to the
principal technical representative or the responsible agent shall be deemed to have the same force
as if these have been given to the Contractor. The principal technical representative and/orthe
Contractor or his responsible authorized agent shall be available at Site at least two working days
every week. These days shall be determined in consultation with the Engineer-in-Charge.
The principal technical representative and/or the Contractor or his responsible authorized agent
shall be present daily during important stages of execution of work, during recording of
measurement of work and whenever so required by the Engineer-in- Charge by a notice as aforesaid
and shall also note down instructions conveyed by the Engineer-in- Charge or his designated
representative in the site order book and shall affix his signature in token of noting down the
instructions and in token of acceptance of measurements.

There shall be no objection if the representative/agent looks after more than one Works
and not more than three works provided these details are disclosed to the Engineer-in-Charge and
he shall be satisfied that the provisions and the purpose of this clause are fulfilled satisfactorily.
Where the Engineer-in-Charge, whose decision in this respect is final and binding on the Contractor,
is convinced that no such technical representative or agent is effectively appointed or is effectively
attending or fulfilling the provision of this clause, a recovery shall be effected from the Contractor as
specified in Special Conditions of Contract and the decision of the Engineer-in-Charge as recorded in
the site order book and measurement recorded in measurement books shall be final and binding on
the Contractor. Provided that if the Contractor fails to appoint a suitable technical representative or
responsible agent and if such appointed persons are not effectively present or do not discharge
their responsibilitiessatisfactorily, the Engineer-in-Charge shall have full powers to suspend the
execution of the Works until such date as a suitable agent is 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/responsible agent along with every account bill/fixed
bill and shall produce evidence if at any time so required by the Engineer-in-Charge. The Contractor
shall provide and employ on the site only such technical assistants as are skilled and experienced in
their respective fields and such foremen and supervisory staff as are competent to give proper

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supervision to the work.
The Contractor shall provide and employ skilled, semiskilled and unskilled labour as is necessary for
proper and timely execution of the work.

3.9 Work Program Schedule


The Contractor shall within 10 days from the date of Work Order submit a detailed program for
completion of Works within the stipulated period, in specified format, as categorized below, and
covering all major activities.
Bar Chart: for Contract Price Rs. 1,00,00,000 - Rs. 3,00,00,000 (Indian Rupees one crore to three
crores only)
Bar Chart and PERT chart: for Contract Price > Rs. 3,00,00,000 (Indian Rupees three crores only)
Non submission of above shall attract liquidated damages as described below:
For projects with Contract Price < Rs.100 Crore: Rs. 1000/- per day
For projects with Contract Price > Rs.100 Crore: Rs. 5000/- per day
Modifications suggested by the Engineer-in-Charge shall be incorporated in the work program
schedule.
It shall be the responsibility of the Contractor to upload the approved work program schedule in the
PMS (Project Monitoring System)
The Contractor shall ensure that the time schedule as laid down in the aforesaid work
program schedule is adhered to. Provided that on failure to achieve milestone requisite action shall
be taken as per the provisions given under Clause 10.3.
In the event of any rescheduling of milestone, it shall be responsibility of the Contractor to
incorporate the same in work program schedule and resubmit the schedule within 10 days of
receipt of such communication from the Engineer-in-Charge, failing which a liquidate damages of
Rs. 1000/- per day shall be levied on the Contractor.

3.10 Site Offfice


(i) For Contract Price above Rs. 50 Crores:- Within 42 days of issue of Work Order the Contractor
shall provide the site office with air-conditioning and false ceiling of 3nos. of cabins for the Engineer-
in-Charge and staff and meeting room (total area approximately 80 sq. m.) with pantry and toilet
facilities. Facilities shall include basic furniture, required office equipments i.e. Fax, photocopy,
internet/email, computer with colour laser printer, software (MS Projects, MS office, Primavera, AutoCAD),
Laptops (1 no.) and orderly staff including one English stenographer. The location and layout of the site
office shall be approved by the Engineer–in-Charge before providing the same.

(ii) For Contract Price between Rs. 3 to Rs. 50 Crores:- Within 42 days of issue of Work Order the
Contractor shall provide the site office with air- conditioning and false ceiling of 2nos. of cabins for
the Engineer-in-Charge and staff (total area approximately 40 sq. m.) with pantry, toilet facilities

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and basic furniture. The location and layout of the site office shall be approved by the Engineer–in-
Charge before providing the same.

(iii) For Contract Price between 1 to 3 Crores:- Within 30 days of issue of Work Order the
Contractor shall provide the site office with for the Engineer- in-Charge and staff with total area
approximately 30 sq. m. with toilet facilities and furniture. The location and layout of the site office
shall be approved by the Engineer – in- Charge before providing the same.
Two nos. of 7-seater vehicle with driver, maintenance and fuel shall be provided for Contract Price
greater than Rs. 75 Crores. If available, EMPLOYER shall provide the Contractor with space for site
office at no charges. Otherwise, Contractor shall on his own arrange for space for site office at his
cost.Contractor shall also be responsible to arrange a store for proper storage of material in a
weather proof environment as required for a particular kind of material.
Note: -In case of supply projects there is no requirement of site office.

3.11 Sign Board/ Caution/ Diversion Board


The Contractor shall provide sign/ caution/ diversion board indicating complete name of work, date
of start, date of completion, Contract Price, name of Employer, name of the Executive Engineer with
office address and telephone number, name of the executive agency, at his own cost at the Site.

3.12 Benchmark
The Contractor shall establish at his own cost, at suitable points, additional reference points/lines,
benchmarks as may be necessary. The Contractor shall remain responsible for the sufficiency and
accuracy of all benchmarks and reference lines. The temporary benchmarks shall be connected with
permanent standard benchmarks.

3.13 Responsibility of damage to person or property

3.13.1 The Contractor shall be responsible for all risks to the Works and for trespass and shall make good,
at his own expense, 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 the event the Employer is called upon to make
good any such costs, loss or damages, or to pay compensation, 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

72
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 propriety of any such payment, defence or compromise, and the incurring of any
such expenses shall not be called in question by the Contractor.

3.13.2 The Contractor shall not disturb damage or pull down any hedge, tree, building etc. within the Site
without the written permission of the Engineer-in-Charge.

3.13.3 In the event of any damage occurring to any work, life and property during the execution of Works
included in the Contract clause due to settlement of ground slips, flooding from any sources Works
included in the Contract clause due to settlement of ground slips, flooding from any sources
breakage of water main/ sewer line or any other cause, the Contractor shall be solely responsible
and must reconstruct, repair and make good all such at his own cost.

3.13.4 When the work is done near a place where there is risk of danger or accident, all necessary
equipment’s shall be provided and kept ready for use, all necessary steps shall be taken for prompt
rescue of any person in danger and adequate provision shall be made for prompt first aid treatment
of all injuries likely to be sustained during the course of the work.

3.13.5 If any accident occurs, the Contractor shall report to the Employer and Labor Commissioner under
Workman’s Compensation Act, within 24 hours of its occurrence.

3.13.6 Any compensation decided by the Labor Commissioner shall be borne by the Contractor.

3.14 Inconvenience caused to public


The Contractor shall not dump/deposit materials on Site which will seriously cause inconvenience
to the public. The Engineer-in-Charge may require the Contractor to remove any materials which are
considered by him to be of danger or inconvenience to public or cause them to be removed at the
Contractor’s cost.
3.15 Electricity for construction of Works
3.15.1 The Contractor shall arrange on his own, the electricity/power connection of required capacity for
carrying out the Works only till Completion Date. The Employer shall issue the recommendation
letter to concerned electrical authorities for getting the electrical power connection. In the event the
authorities refuse to provide or sanction electric/power in favour of Contractor, the connection
shall be applied for by the Engineer-in-Charge. All the steps in this regard including the required
payments, if any, shall be made by the Contractor. The Contractor shall pay all the charges towards
security installation, consumption of electricity/power till Completion Date.

3.15.2 The payment of final bill to the Contractor shall be made by Employer on submission of no
dues/clearance certificate from the electric supply authority/the authority in charge of the electric

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power.

3.15.3 The temporary electric fitting shall be provided and maintained as per the power
sanctioning/maintaining authority rules and regulations by the Contractor at his own cost and
nothing extra shall be paid by the EMPLOYER.

3.15.4 If for any reason of the feasibility or whatsoever the authorities are not in a position to sanction the
electric connection, the Contractor shall make his own arrangements i.e. required numbers of
generators etc. to execute the Works or in case the sanction of electric connection is delayed by the
authority it shall also be the responsibility of the Contractor to arrange electricity and no claim
whatsoever shall be entertained on this account.

3.15.5 The Contractor shall also make necessary arrangements of his own diesel generators for the Works,
so that the same can be used by him during failure/non-availability of electricity/power. The quoted
rates shall be inclusive of the POL (petroleum, oil and lubricants) cost and other miscellaneous
expenditure including labour for running and maintaining, the generator. It shall be the Contractor's
responsibility to obtain all approvals, consents and permissions from any of the authority as for
example, CPCB/DPCC required for operating the generators in accordance with the statutory rules
and regulations of the Government. No additional payment shall be made to the Contractor for the
purposes of procuring all the applicable approvals, consents and permissions.

3.16 Supply of water


The Contractor shall make his own arrangements for water required for the Works and nothing
extra will be paid for the same. The Contractor shall submit necessary proof such as tanker receipts,
amongst others, if the water is arranged by him.
(i) If Employer water is available, it shall be supplied to contractor for construction and drinking purposes and
recovery @ 1% of the gross amount of Contract Price shall be made. The ferrule connection with the
Employer’s main and the pipe line upto the Site and adequate storage shall be provided by the
Contractor at his own cost.

(ii) In case the Employer is not able to make available Employer water due to non-availability, shortage of
water or any other reasons, the Contractor will have tomake his own arrangement of water as per standard
by sinking tube well etc. for construction and drinking purposes.

(iii) The water used by Contractor shall be fit for construction purposes and human consumption as
per B.I.S standards IS 456-2000 and IS 3025 respectively.

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(iv) The water shall be tested from Employer laboratory before commencement of work and
thereafter once in every 3 months till the completion of the work. The cost of testing shall be
borne by the Contractor.

(v) Water required for hydraulic testing shall be arranged by the Contractor and Employer will
only facilitate the process of obtaining approvals or permissions as required.

(vi) In case the Employer’s water is not available as well as ground water at the Site is not found fit
the Contractor may arrange the water from other source. The water of the said source shall be
tested from the Employer’s laboratory atContractor’s own cost and may be allowed to be used
only when found suitable for use. Necessary arrangements for carrying the water by tankers
and its storage at the Site shall be made by the Contractor at his own cost. Anystatutory
requirements of gistration/permissions for boring/installation of tube- wells either at the Site
or sewhere shall be taken by the Contractor at his own cost and nothing shall be payable.

Water when supplied to the Contractor by the Employer shall subject to the following conditions:
The Employer do not guarantee to maintain uninterrupted, supply of water and it shall be
incumbent on the Contractor to make alternative arrangements for water at his/their own cost in
the event of any temporary break down in Employer water main so that the progress of his/their
Works 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.

3.17 Clearance of site


The Site shall be cleared off all malba/ debris and other waste materials after completionof Works and shall
ensure removal of temporary structure erected for execution ofWorks including hutments put up by
his laborers at site, if any, before handingover the Site to the Employer in workable condition. No
final payment for theWorks shall be made to the Contractor till full satisfaction of the Engineer-in-Charge.

3.18 Relics and treasures


All gold, silver, coins, oil and other minerals of any description, and all precious stonesof all kinds,
treasures, antiques, fossils and other similar things, which shall be found inor at site, shall be the property of the
Employer, and the Contractor shall duly preservethe same to the satisfaction of the Employer, and shall
from time to time deliver thesame to such person or persons, as the Employer may appoint to receive
the same.

3.19 Excavated materials

The Contractor shall not sell or otherwise dispose off, or remove, except for thepurpose of

75
this Contract, sand, stone, clay, ballast, earth, rock or any other substance ormaterials, which may be
obtained from any excavation made for the purpose ofthe Works, or any building or produce
existing at the Site at the time ofdelivery of possession thereof. All such substances, materials,
buildings andproduce, shall be the property of the Employer; provided that the Contractor may withthe
permission of the Engineer-in-Charge use the same for the purpose of Works eitherfree of cost or on
payment of cost, as provided for under the Special Conditions of the Contract or in the absence of
such conditions, as per mutually accepted terms and conditions.

3.20 Works during night, Sundays & National Holidays


Unless specifically provided in the Special Conditions of Contract, the Contractor shall not
carry out any work between sunset and sunrise and/ or holidays without the prior permission of
the Engineer-in-Charge. In case of any grave emergency or in order to avoid risk to property and life
or to prevent damage to utilities or to restore them, work may be done at night also without the
prior permission of the Engineer-in-Charge, but intimation to this effect should be sent to him
immediately. No increase in rates or extra payments shall be admissible for night work.
The Contractor shall make adequate lighting and safety arrangements. He shall also be responsible
for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting
and safety arrangements if work is done during night or holidays.
3.21 Care of work

Subject to the insurance obligations of the Parties, the Contractor shall bear full risk in and take full
responsibility for the care of the Works and Materials, goods and equipment for incorporation
therein from the Commencement Date until the Completion Certificate is issued, except and to the
extent that any loss of or damage to the same shall arise out of any default or neglect of the
Employer.

3.22 Employment of foreign nationals

The Contractor acknowledges, agrees and undertakes that employment of foreignpersonnel


by the Contractor and/or its Sub-Contractors and their Sub-contractors shallbe subject to grant of
requisite regulatory permits and approvals includingemployment/residential visas and work
permits, if any required, and the obligationto apply for and obtain the same shall and will always be
of the Contractor.Notwithstanding anything to the contrary contained in this Contract, refusal of
orinability to obtain any such permits and approvals by the Contractor or any of its Sub-Contractors
or their sub-Contractors shall not in any manner excuse the Contractorfrom the performance and
discharge of its obligations and liabilities under thisContract.
3.23 Precautions during execution

(i) The Contractor shall comply with instructions issued by the Employer in respect of road

76
maintenance and inter utility code of conduct for excavating trenches across and along various
roads and other places, in all respects. In case of non- compliance the contractor shall be liable
to pay liquidated damages for various lapses as indicated below:

a) Non-installation of boards on either ends of trenches: Rs. 500/- per day tillimplementation.

b) Non shoring of walls of trenches to prevent collapse of the excavated portion(beyond 1.5m) and where proper
stopping not proved: Rs. 1000/- per day tillthe shoring is fixed.
c) Digging of trenches beyond a stretch of 500 mtr. for Electrical Authority and Employer and
otherwise 1000 mtr. In case of telephone: Rs. 500/- per day till the damage is restored.
d) Non barricading of trenches of more than 1.5 mtr: Rs. 500/- per day tillcompleted.
e) Excavation of trenches across and along roads during day time (at 8 AM to 8PM) without
permission: Rs. 500/- per day.
f) Non removal of excess earth and other stones etc. which are causing inconvenience to the road
users: Rs. 1000/- per day till completed.
g) Non consolidation of earth while back filling of trenches to the original level: Rs. 500/- per day till
completed.
h) Non adherence to prescribed methodology for reinstatement of trenches: Rs.500/- per day.
i) Road cutting without writing or oral permission: Rs. 1250/- per day.
j) Non stacking of materials pipes etc. in an orderly manner during execution causing inconvenience
to the road users: Rs. 1000/- per day.

(ii) The contractor shall have to provide MS sheet barricading or as provided in BOQ up to a
minimum height of 2 meters above ground level all around the Site of excavation and trenches
as per direction of Engineer-in-Charge. Such barricading must be provided before taking up the
excavation work and must remain in position till complete filling back of excavated trenches and
resurfacing work, if any. The sheets must be painted in red & White stripes with fluorescent paint.

(iii) Proper supporting of all underground services such as water mains, sewers,cables, drains and
water and sewer connections shall be provided by thecontractor without any additional cost. If
the services /connections aredamaged the contractor will be responsible for the restoration of
the same tooriginal specifications at his own cost.

(iv) Imposition of liquidated damages by Employer shall not absolve Contractorfrom any other civil/
criminal liabilities.
(v) Contractor should maintain first aid box, electric shock recovery devices, safetyequipment such as
breathing apparatus, safety personal protective equipmentand/ or other safety equipment as per
NHRC guidelines and/ or factory act.The Engineer-in-Charge shall decide to impose suitable
damages as mentionedunder Clause 17.6.

4.0 The Site


4.1 Site description
The Site shall comprise the real estate described in Special Conditions of Contract in respect of

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which the right of way shall be provided by the Employer to the Contractor. The Employer shall be
responsible to the Contractor for:
(i). Acquiring and providing physical possession of the Site free from all encroachments and
encumbrances, and free access thereto for the execution of the Contract; and
(ii). Prior environment clearance for the Site as per the Environment Impact Assessment Notification
2006 under the Environment (Protection) Act, 1986, wherever applicable

Unless specifically mentioned in the Contract, the Contractor shall be responsible to obtain all the
necessary permits, permissions and/or approvals from the relevant department/ authority in
relation to execution and completion of Works. The Employer shall only facilitate the process and
will reimburse the charges paid by the Contractor after due verification.

4.2 Inspection of site

(i). The Employer shall have made available to the Contractor with the tender documents such data on
hydrological and sub-surface conditions as may have been obtained by or on behalf of the Employer from
investigations undertaken relevant to the Works and the tender shall be deemed to have been based on such
data, but the Contractor shall be responsible for his own interpretation thereof.

(ii). The Contractor shall be deemed to have inspected and examined the Site and its surroundings and
information available in connection therewith and to have satisfied himself, so far as is practicable,
before submitting his tender, as to the form and nature thereof, including the sub-surface
conditions, the hydrological and climatic conditions, the extent and nature of work and materials
necessary for the completion of the Works, the means of access to the Site and the accommodation
he may require and, in general, shall be deemed to have obtained all necessary information, subject as
above mentioned, as to risks, contingencies and all other circumstances which may influence or affect
his Tender.

5.0 SPECIFICATIONS & DRAWINGS

5.1 Works to be executed in accordance with Specifications, Drawings, Orders, etc.


5.1.1 The Contractor shall execute the whole and every part of the Works in the most substantial and
workman like manner in every respect and in strict accordance with the specifications. The Contractor
shall also conform exactly, fully and faithfully to the design, drawings and instructions of the Engineer-in-
Charge in respect of the work. The Contractor shall be furnished free of charge one copy of the
Contract documents together with specifications, designs, drawings and instructions as are not
included in the standard specifications of Employer specified in Special Conditions of Contract or in
any BIS document.

5.1.2 The Contractor shall comply with the provisions of the Contract and with care and diligence execute
and maintain the Works and provide all labour and materials, tools and plants for measurements
and supervision of all Works, structural plans and other things of temporary or permanent nature

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required for such execution and maintenance in so far as the 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.

5.2 Action in Case Work is not done as per Specifications

5.2.1 All work 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 representatives and
assistants in charge of the Works and all senior officers, officer of the quality control division of the
Employer, third party hired by Employer, and of the chief technical examiner’s office. 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 his responsible agent, present for that purpose.

5.2.2 In the event it appears to the Engineer-in-Charge or his representative in charge of the Works or any
nominated officer (as described above in this clause), that any work has been executed with unsound,
imperfect, or unskillful workmanship, or is against Good Engineering Practice or with material or
articles 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 during construction and upto six months
after completion of the Works by the Engineer-in-Charge specifying the work, materials or articles
complained (notwithstanding that the same may have been passed, certified and paid for forthwith) rectify,
or remove and reconstruct the Works so specified in whole or in part, as the case may require, remove the
materials or specified and provide other proper and suitable materials or articles at his own charge and
cost. In the event of failing to do so within a period specified by the Engineer-in- Charge in his demand
aforesaid, the Contractor shall be liable to pay compensation at the same rate as under clause 10.3 of the
Contract (for non-completion of the Works in time) for this default.
5.2.3 Provided that in such an event the Engineer-in-Charge may not accept the item of Works at the rates
applicable under the Contract but may accept such items at reduced rates as the Employer 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 Works 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 shall be final and binding on the Contractor.

5.3 Action where there are no Specifications

In the case of any class of work for which there is no such specifications as referred to in clause 5.2,
such work shall be carried out in accordance with the CPWD/ Bureau of Indian Standards
Specifications or any other applicable standards specific to the Works. Provided that where there is no
such specification in CPWD/ Bureau of Indian Standards, the Works shall be carried out as per
manufacturers’ specifications. Provided further that where there are no such specifications as required
above, the Works shall be carried out in all respects in accordance with Good Engineering Practice
and Site requirements under the instructions and requirements as communicated by the Engineer- in-Charge.

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5.4 Estimates

The estimate is based on CPWD’s DSR as applicable to Employer, analyzed rates of Employer and in
other cases on market rates. The Works shall be carried out as per CPWD specifications /latest editions of the
specifications, with up to date (on the date of issue of NIT) correction slips, for work at Delhi and other
specifications laid down by Indian or other standards (CPHEEO, ASTM, WRC, etc.) and best practices being
followed by Employer.

5.5 Execution of work


5.5.1 The Works is to be carefully executed strictly in accordance with the approved drawing supplied to
the Contractor or with such modifications as may be approved by the Engineer-in-Charge from time
to time. Any additional amended, revised or detailed drawings that does not have a significant
impact on the scope of work, issued by the Engineer-in-Charge or approved in writing by him
during the progress of the Works are to be considered to form the part of the Works and as such
being included in the Contract. No claim whatsoever shall be considered on this account.

5.5.2 The order of sequence of execution of Works and general condition of the Works shall be subject to
the approval and direction of the Engineer-in-Charge. Any such approval or direction by the
Engineer-in-Charge shall in no way relieve the Contractor of the responsibility for the proper and
satisfactory execution of the Works according to the terms of Contract and within stipulated period.
No claim of the Contractor whatsoever shall be considered on this account.

5.5.3 The information given in the drawing including the conditions of ground or the information
regarding of the depth of water to be met with means of access, or any other such matter shall not
relieve the Contractor from the fulfillment of the Contract.

5.5.4 The Contractor shall be responsible and must check and satisfy himself the accuracy of levels, lines
positions, dimensions, sizes etc. of the finished Works in accordance with the Contract.

5.6 Contractor's understanding of documents

(i) The Contractor shall be deemed to have satisfied himself, before tendering, as to the correctness and
sufficiency of his tender for the Works and of the rates and prices stated in the priced bill of quantities
and the schedule of rates and prices, if any, all of which shall, except insofar as it is otherwise provided
in the Contract, cover all his obligations under the Contract and all matters and things necessary for the proper
execution and maintenance of the Works. If, however, during the execution of the Works, the Contractor
shall encounter physical conditions, other than climatic conditions on the site, or artificial obstructions,
which conditions or obstructions could, in his opinion, not have been reasonably foreseen by an
experienced Contractor, the Contractor shall forthwith give written notice thereof to the Engineer-
in- Charge and if, in the opinion of the Engineer-in-Charge, such conditions or artificial obstructions
could not have been reasonably foreseen by an experienced Contractor, then the Engineer-in-

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Charge shall certify and the Employer shall pay reasonable additional cost to which the Contractor
shall have been put by reason of such conditions in the following cases:

a. For complying with any instruction which the Engineer-in-Charge may issue to the Contractor in
connection therewith, and

b. For any proper and reasonable measures approved by the Engineer-in- Charge which the Contractor
may take in the absence of specific instructions from the Engineer-in-Charge, as a result of such conditions or
obstructions being encountered.

(ii) The decision of the Employer as to the additional cost shall be final and binding.

6.0 PERFORMANCE GUARANTEE AND SECURITY DEPOSIT


6.1 Performance Guarantee

(i) The Contractor shall submit an irrevocable Performance Guarantee of 5%(five percent) of the amount as
specified in Clause 6.1 (iv), (v) and (vi) below, in addition to other deposits mentioned elsewhere in
the Contract for his proper performance of the Contract, (not withstanding and / or without prejudice to any
other provisions in the Contract) within 15 days of issue of Letter of Acceptance. This period can be
further extended by Engineer-in-Charge up to a maximum period of 5 days on written request of the
Contractor stating the reason for delays in procuring the Guarantee to the satisfaction of Engineer–
in-Charge. This guarantee shall be in the form of Bank Guarantee from a scheduled bank of India as
per the format attached with General Conditions of Contract.

(ii) A Letter of Acceptance shall be issued in the first instance informing the Contractor of the decision of
the Employer to accept his tender and the Work Order shall be issued only after the Performance
Guarantee in prescribed form is received. In case of failure by the Contractor to furnish Performance
Guarantee within the specified period Employer shall without prejudice to any other right or remedy
available in law, be at liberty to forfeit the Earnest Money absolutely and debar the Contractor to participate
in the Works, if retendered
(iii) The Performance Guarantee shall be initially valid up to 60 days beyond the Stipulated Date of
Completion. In case the time for completion of Works gets enlarged the Contractor shall get the validity of
Performance Guarantee extended within 30 days of receiving such notice from Engineer-in-Charge
to cover such enlarged time plus 60 days. After recording of the Completion Certificate for the Works by
the Employer, the Performance Guarantee shall be returned to the Contactor.

(iv) For pure construction contracts (EPC, DB, etc.) the Performance Guarantee shall be calculated for capital
construction cost only.

(v) For pure O&M works, the Performance Guarantee shall be calculated for the complete value of O&M
works which shall be reduced annually after adjusting the cost of O&M works for previous year. For

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example, the total Contract Value for a 10 years O&M contract is Rs. 100 Crores i.e. Rs. 10 Crores for each year.
Then, the Performance Guarantee for Year 1 shall be 5% of Rs. 100 Crores, for Year 2 shall 5% of Rs.
90 Crores, for Year 3 shall be 5% of Rs. 80 Crores and so on and so forth.

(vi) For DBO contracts initially the Performance Guarantee shall be calculated for the capital
construction cost. However, 2 months before the construction completion date, the Contractor shall
submit another Performance Guarantee calculated for the total operation cost which shall be reduced
annually after deducting the cost of one year of O&M works in the manner as described in Clause 6.1
(v).

(vii) The cost of complying with the requirements of this clause shall be borne by the Contractor, unless
the Contract otherwise provides.

(viii) The Engineer-in-Charge shall not make a claim under the Performance Guarantee except for
amounts to which Employer is entitled under the Contract (notwithstanding and / or without
prejudice to any other provisions in the Contract) in the event of:

a. Failure by the Contractor to extend the validity of the Performance Guarantee as described herein
above within 30 days of receipt of notice from the Engineer-in-Charge, in which event the Engineer–
in- Charge may claim the full amount of the Performance Guarantee.

b. Failure by the Contractor to pay Employer any amount due either as agreed by the Contractor or
determined under any of the clauses / conditions of the Contract, within 30 days of the service of
notice to this effect by Engineer-in-Charge.

c. In the event of the Contract being determined or rescinded under provision of any of the clause/
condition of the Contract the Performance Guarantee shall stand forfeited in full and shall be
absolutely at the disposal of theEmployer.

6.2 Security Deposit

(i) The Contractor shall permit Employer at the time of making any payment to him for Works done
under the Contract to deduct a sum at the rate of 10% of the gross amount of each running bill till
the sum along with the sum already deposited as earnest money, will amount to 5% of the amount a
specified under Clause 6.2 (ii), (iii) and (iv). Such deductions will be made and held by Employer by
way of Security Deposit. The security deposit shall be in addition to the performance guarantee
amount.

(ii) For pure construction contracts (EPC, DB, etc.) the Security Deposit shall be calculated for capital
construction cost only.

(iii) For pure O&M works, the Security Deposit shall be calculated for the total value of O&M works. The
deduction will be made from each running payment till such amount reaches 5% of the total value
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of O&M works.

(iv) For DBO contracts, initially the Security Deposit shall be calculated for the capital construction
cost. However, upon completion of capital works, the Security Deposit will be calculated for
complete O&M works and deduction shall be made from each running payment till such amount
reaches 5% of complete value of O&M works. The Security Deposit collected during the capital
construction phase shall be released upon successful completion of DLP and the Security
Deposit collected during the O&M phase shall be released 60 days after successful completion of
the O&M works.
(v) The Security Deposit as deducted above can be released against Bank Guarantee issued by a
scheduled bank, on its accumulations to a minimum of

Rs. 5 lakhs for Contract Value up toRs. 3 Crore


Rs. 10 lakhs for Contract Value between Rs. 3 Crore and Rs. 25 Crore
Rs. 25 lakhs for Contract Value greater than Rs. 25 Crore

Subject to the condition that amount of such Bank Guarantee, except last one shall not be less than
the stipulated amount. (For e.g. Suppose for a project the total Security Deposit deduction is Rs. 6 lakhs, to
be deducted equally from running payment of 12 months. Hence a net deduction of Rs. 50,000 will be made
from each running account bill. Till the 9th running bill a sum of Rs. 4.5 lakhs will be retained for Security
Deposit. Then, in the 10th bill when the amount retained reaches Rs. 5 lakhs, the Contractor will submit a
bank guarantee of Rs. 5 lakhs and will get the amount released. However, in the 12th bill (final bill) the
amount retained will be only Rs. 1 lakh and hence the Contractor will submit a bank guarantee of Rs. 1 lakhs
and will get the sum released.) Provided further that the validity of Bank Guarantee shall be 60 days beyond
the completion of Defect Liability Period or Stipulated Completion Date plus 60 days in case of O&M
contract. Validity of such bank guarantee shall be extended from time to time depending upon extension of
Contract granted under provisions of clause 10.3 and clause 10.4. It shall be responsibility of the Contractor
to timely renew the bank guarantee submitted as per provision of clause 6.1 and 6.2 or as required under
any other clause of the Contract.
(vi) 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 any sums which may be due to or may become due to the Contractor by Employer on any
account whatsoever and in the event of his Security Deposit being reduced by reason of any such
deductions or sale as aforesaid, the Contractor shall within 10 days make good in cash the amount
deducted from, or raised by sale of his Security Deposit or any part thereof. The Security Deposit
shall be collected from the running 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 a part of the Security
Deposit.

6.3 Refund of Security Deposit

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The Security Deposit shall be returned to the Contractor on certification after the Engineer-in Charge has
satisfied himself that all the terms of this Contract have been duly and faithfully carried out by the
Contractor or 60 (sixty) days after successful completion of Defect Liability Period as per clause 16.1 and on
submission of the following :
(i) No demand/claim certificate of the Contractor for executed value of the Contract.
(ii) Material and Payment reconciliation and no recovery certificate of the Engineer- in Charge.
(iii) Labour clearance certificate of the Contractor issued by the labour officer as per clause 15.1.2.
(iv) Statutory requirement compliance certificate of the Engineer-in-Charge.
(v) Completion Certificate of the Engineer-in-Charge.
(vi) Insurance Policy release certificate of the Engineer-in-Charge.
(vii) Updated recording of the PMS reports
(viii) Submission of all required GIS details, O&M plans, etc.
ix) Any other requirement as per Contract.

7.0 REPORTING, INSPECTION & QUALITY

7.1 Quality Control Systems

7.1.1 The Contractor shall establish a suitable quality control mechanism to ensure compliance with the
requirements of the Specifications and Standards in accordance with the provisions of this Contract
(the “Quality Assurance Plan” or“QAP”).
7.1.2 The Contractor shall, within 21 days of the issue of Work Order, submit to the Engineer-in-Charge
and upload in the Employer’s PMS (Project Monitoring System) for approval, the proposed Quality
Assurance Plan which shall include the following:
I. Organization, duties and responsibilities, procedures, inspections, documentation;
II. Quality control mechanism including sampling and testing of materials, plant, project
assets, test frequencies, standards, acceptance criteria, testing facilities, reporting,
recording and interpretation of test results, approvals, check list for site activities,
proformas for testing and calibration; and
III. Internal quality audit system

7.1.3 The Contractor shall provide and procure all reasonable assistance, documents, apparatus and
instruments, fuel, consumables, water, electricity, labour, Material, samples, and qualified personnel
as are necessary for examining and testing the Works and workmanship in accordance with the
Quality Assurance Plan.

7.1.4 The cost of supplying samples and testing of Works and workmanship for the tests provided for in the
Quality Assurance Plan or in the Contract shall be borne by the Contractor. Provided that the testing
charges will be reimbursed to Contractor by Employer at actual on verification of proof submitted.

7.1.5 The Contractor shall on the directions issued by the Engineer-in-Charge carry out such tests
including those not provided for in the Contract that are in accordance with the good and sound

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industry practice to assess the quality of the Works or workmanship. The Contractor shall bear the cost of
the tests and samples if the quality of the Works or workmanship is not in compliance with the
Specifications and Standards. In any other case, the cost of test shall be a determined by the
Engineer-in-Charge and shall be payable by the Employer.

7.1.6 It shall be the responsibility of the Contractor to attend to the defects pointed out/observation
made by the senior officers of the Employer during their inspections in respect of the required
quality of material, mandatory test for materials, items of the Works, fittings and on specifications of
the work being executed.
7.2 Reporting, inspection and checking of Works
7.2.1 The Contractor shall enter the online progress reports in the format of project management system
(for quality monitoring, physical and financial progress monitoring) on 1 st and 15th of every month
during the Contract. The Contractor shall have to upload DPR/ other report/ Bar or PERT Chart/
site photographs, amongst others, with date of submission by 8 th and 23rd of every month. The
Engineer-in- Charge shall verify the entries made. No payment shall be released if the progress has
not been entered at the prescribed frequency and in the prescribed format. If so required,
Contractor (for quality monitoring) may seek help of Engineer-in-Charge for getting 1 (one) person
trained for the purpose.
7.2.2 The record of inspections carried out by the Chief Engineer/SE/EE and checking of the Works as per
the check features as given in the Contract and a few samples shall be maintained at the Site for
taking necessary action by the executing agency.

7.2.3 The stages of inspections for S.E./ C.E. are given as under: -
i. Up to 3rd running bill
ii. 4th to 6th bill
iii. 7th to 9th running bill
iv. And so on.
7.2.4 Sample check features (over and above the check features given in the Contract for reference of
inspecting officers and compliance to the observations by the Contractor.
i. To check the hindrance at Site and the hindrance register

ii. To check the observations and instructions issued by the field staff on the siteorder book and compliance.

iii. To check the adequacy of mandatory test being carried out, maintenance of testrecords in the proper format.

iv. To check whether the samples are being filled by the competent officer, AE/JE and the field test are
being carried out at the required frequencies.

v. To check whether the water being used is tested and the number of test have been carried quarterly

vi. To have a look (if applicable) at the cubes strength, Honey combing, cover to reinforcement, adequacy of Lap

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length, filling of mortar in brick work, jointing of pipes, water tightness, quality of pipes, gradient,
bedding under sewer line, workmanship etc.

7.2.5 For electrical & mechanical supply items, the inspection tests at manufacturers’ work will be in
accordance with Employer’s specifications, BIS specifications and suppliers’ norms, as applicable.
7.2.6 The Works valued Rs.200 lakhs and above may be subjected to inspection and checking by Chief
Technical Examiner, Government of India (C.T.E.).
7.2.7 The Works is also liable to be inspected and checked by a 3rd party fixed by Employer /vigilance
Wing of Employer or by any other statutory body. The Works may be checked by the agencies as mentioned
above simultaneously, subsequently, jointly or independently and the Contractor shall be responsible for
removing of all defects/deficiencies pointed out by them at its own cost.
7.2.8 The inspection by one agency/ team shall not absolve the Contractor of his responsibility to the defects
pointed out by the other agencies and rectification thereto. Recoveries, if any, proposed by any of the
inspection agency on account of short comings in respect of quality/quantity in the Works shall be
recovered from the Contractor’s payments or guarantees and deposits available with Employer.

8.0 INSURANCE

8.1 Insurance of Works

8.1.1 Requirements
Before commencing execution of Works, it shall be obligatory for the Contractor to obtain at his own
cost stipulated insurance cover under the following requirements:
i. Contractor’s All Risk and Third Party Cover.
ii. Liability under the Workmen’s compensation Act, 1923, and other applicable labour laws.
iii. Accidents to staff, Engineer-in-Charge, Supervisors and others who are not governed by Workmen’s
Compensation) Act.
iv. Damage to material, machinery and Works due to fire, and theft.
v. Damage to existing assets, in case of a rehabilitation project. Employer shall provide the valuation of
existing assets before submission of bids.
vi. The Contractor’s equipment and other things brought onto the site by the Contractor, for a sum
sufficient to provide for their replacement at the Site.
vii. Any other risk to be covered by Insurance as may be specified by the Employer in the Special
Conditions of Contract.

8.1.2 Policy in joint names of Contractor and Employer


The policy referred to under sub-clause 8.1.1 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, its maintenance and performance of the Contract.
i. Loss of life or injury involving public, employee of the Contractor, or that of Employer and Engineer-in-
Charge.

86
ii. Injury, loss or damages to the Works or property belonging to public, Government bodies, local
authorities, utility organizations, Contractors, Employer or others.

8.1.3 Currency of Policy

The policies shall remain in force throughout the period of execution of the Works and till the expiry of the Defect
Liability Period.
The Contractor shall produce to the Engineer-in-Charge or his representative the various insurance policies obtained by
him and also the rates of premium and the premium paid by him to ensure the adequacy of the insurance at all
times and ensure that thepolicies continue to be in force.

8.1.4 Remedy on Contractor’s Failure to insure


If the Contractor fails to effect or keep in force or provide adequate cover in the insurance policies
mentioned in sub-clause 8.1.1, or any other insurance it 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 Employer in this regard shall be deductible from payments due to the
Contractor or from the Contractor’s Performance Guarantee, Security Deposit or any other guarantees
available with the Contractor.

9.0 MATERIAL & WORKMANSHIP


9.1 Materials supplied by Employer
9.1.1 Materials, which, Employer will supply, are provided in Special Conditions of Contract which, also stipulates
quantum, place of issue and rate(s) to be charged in respect thereof. The Contractor shall be bound to
procure them from the Engineer-in-Charge.

9.1.2 As soon as the Contract is awarded, the Contractor shall finalize the program for the
completion of Works of this Contract and shall give his estimates of materials required on the
basis of drawings/or Schedule of quantities of the work. The Contractor shall give in writing
his requirement to the Engineer-in- Charge which shall be issued to him keeping in view the
progress of Works as assessed by the Engineer-in-Charge, in accordance with the agreed
phased program of Works indicating monthly requirements of various materials. The Contractor
shall place his indent in writing for issue of such materials at least 7 days in advance of his
requirement.

9.1.3 The material shall be provided within such timeframe as may enable the Contractor to
complete the Works on the agreed Work Program Schedule. If there is any delay on part of the

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Employer in the supply of material or stores due to acause not attributable to the Contractor, the
Contractor shall be eligible for extension of time as per clause 10.4. If a part of the materials only
has been supplied within the period then the Contractor shall be bound to do so much of the
work as may be possible with the materials and stores supplied in the aforesaid period. For
the completion of the rest of the work, the Contractor shall be entitled to such extension of time as
may be determined by the Engineer-in-Charge whose decision in this regard shall be final
and binding on the Contractor.

9.1.4 Such materials shall be supplied for the purpose of the Contract only and the value of the
materials so supplied at the rates specified in the aforesaid Schedule as and when materials are
consumed in items of work (including normal wastage) for which payment is being made to
the Contractor, from any sum then due or which may therefore become due to the Contractor
under the Contract or otherwise or from the security deposit. At the time of submission of bills
the Contractor shall certify that balance of materials supplied is available at Site in original
good condition.

9.1.5 The Contractor shall bear the cost of getting the material issued, loading, transporting to
site, unloading, storing under cover as required, cutting assembling and joining the several
parts together as necessary. Notwithstanding anything to the contrary contained in any
other clause of the Contract all stores/materials so supplied to the Contractor or procured
with the assistance of the Employer shall remain the absolute property of Employer. The
Contractor shall be the trustee of thestores/materials, and the said stores/materials shall
not be removed/disposed off from the Site on any account and shall be at all times open to
inspection by the Engineer-in-Charge or his authorized agent. Any such stores/materials
remaining unused shall be returned to the Engineer-in-Charge in as good a condition in
which they were originally supplied at a place directed by him, at a place of issue or any
other place specified by him as he shall require, but in case it is decided not to take back the
stores/materials the Contractor shall have no claim for compensation on any account of
such stores/materials so supplied to’ him as aforesaid and not used by him or for any
wastage in or damage to in such stores/ materials.
9.1.6 The Contractor shall submit along with every running bill (on account or interim bill)
material-wise reconciliation statements supported by complete calculations reconciling
total issue, total consumption and certified balance (diameter/section-wise in the case of
steel) and resulting variations and reasons therefore. Engineer-in- Charge shall (whose
decision shall be final and binding on the Contractor) be within his rights to follow the
procedure of recovery in clause 9.6 at any stage of the Works if reconciliation is not found
to be satisfactory.
9.1.7 The Contractor shall see that only the required quantities of materials are issued. Any such
material remaining unused and in perfectly good/original condition at the time of

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completion or determination of the Contract shall be returned to the Engineer-in-Charge at the
stores from which it was issued or at a place directed by him by a notice in writing. The Contractor
shall not be entitled for loading, transporting, unloading and storing of such unused material except
for the extra lead, if any involved, beyond the original place of issue. The Contractor shall hand over the
stores/ materials at such price as the Engineer-in-Charge shall determine, having due regard
to the condition of the stores/materials. The price allowed for credit to the Contractor,
however, shall be at the prevailing market rate not exceeding the amount charged to him,
excluding the storage charge, if any. The decision of the Engineer-in-Charge shall be final and
conclusive. In the event of breach of this clause, the Contractor shall in addition to being in
contravention of the terms of the licenses or permit and/or for criminal breach of trust, be
liable to Employer for all advantages or profits resulting or which in the usual course would have
resulted to him by reason of such breach. Provided that the Contractor shall in no case,be entitled to
any compensation or damages on account of any delay in supply or non- supply thereof of all or any
such materials and stores.

9.2 Materials to be supplied by Contractor

9.2.1 The Contractor shall, at his own expense, provide all materials, required for the Works other than those,
which are stipulated, to be supplied by the Employer.
9.2.2 The Contractor shall, at his own expense and without delay; supply to the Engineer-in- Charge samples of
materials to be used on the Works 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 30
(thirty) days of supply of samples, intimate 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.
9.2.3 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 Works 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
Works or due to any corrective measures required to be taken on account of and as a result of testing
of materials.
9.2.4 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

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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.
9.2.5 The Engineer-in-Charge or his authorized representative shall at all times have access to the works and to all
workshops 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 expense of the
Contractor, other persons to remove the same without being answerable or accountable for any loss or
damage that may happen or arise to such materials. The Engineer-in- Charge shall also have 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.

9.3 Dismantled Material

The Contractor shall treat all materials (including bricks, scarp, stone soling, trees, etc.) obtained
during dismantling of a structure, excavation of the Site, etc. as Employer’s property and such
materials shall be disposed off to the best advantage of Employer according to the
instructions in writing issued by the Engineer-in-Charge. Further, the following material
will be made available to Contractor, at the followingspecified rates or as circulated from
time to time:
i) Bricks: Rs 2500/ 1000 bricks
ii) CI/ MS Scrap: Rs 25/ kg
iii) Stone soling/ Hard Rock: Rs 553/ m3

9.4 Contractor to supply tools & plants etc.

9.5 Hire of plant and machinery


i) The Contractor shall arrange at his own expense all tools, plant, machinery or equipment
(hereinafter referred to as T&P) required for execution of the Works except for the Plant & Machinery
listed in Special Conditions of Contract 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 Employer over and above the T&P
stipulated for issue, the Employer 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 as shown in Special Conditions of
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Contract shall be taken from the departmental equipment yard/shed and the Contractor shall
bear the cost of carriage from the place of issue to the Site and back. The Contractor shall be
responsible to return the plant and machinery in the condition in which it was handed over to him, and
shall be responsible for all damage caused to the said plant and machinery at the Site or elsewhere
during 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 Works for which it was issued.
The Engineer-in-Charge 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 shall be issued as and when available and if
required by the Contractor. The Contractor shall arrange his work program schedule
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 Employer. If such re-arrangement
results in delay in completion of work, and such delay, in the opinion of Engineer-in-
Chargeare unavoidable, the contractor shall be entitled to shall be eligible for extension of
time as per clause 10.4.
iv) The hire charges shall be recovered at the prescribed rates from and inclusive of the date the plant and
machinery made over up to 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 occurs 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 majorbreakdown will be computed starting
from the next working day. In case of any dispute under this clause the decision of the
Engineer-in-Charge 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 hour lunch break) or
part thereof.

vi) Hire charges shall 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 Employer against any loss or

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damage caused to the plant and machinery either during transit or at Site.

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
overtime 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 7 (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
Engineer-in- Charge the Works or a portion of Works for which the same was issued is
completed.

x) Log Book for recording the hours of daily work for each of the plant and machinery supplied to the
Contractor shall be maintained by the Employer and shall be countersigned by the Contractor or his
responsible 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
charges shall 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 be made for the minimum
number of days worked out on the assumption that a roller can consolidate per day and maximum
quantity of materials or area surfacing, the data for which shall be provided by Employer later on
request. DJB may use GPS tracking devices for on-line monitoring of movements and recording of
log book.

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. In case rollers for consolidation are
employed by the Contractorhimself, 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 data under clause 9.5(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

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was handed over to him and he shall be responsible for all damage caused to the said plant and
machinery at the Site orelsewhere 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 Works for which it was issued. The Engineer-in-Charge 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 shall 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 Employer
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 Employer
though not stipulated for issue in Contract any time after taking delivery at the place of issue, he
may return if after 2 (two) days written notice or at any time without notice it he agrees to pay hire
charges for 2 (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 2 (two) days as he likes
including hiring out to a third party.

9.6 Return of material and recovery for excess material issued

i) After completion of the Works and also at any intermediate stage in the event of non-reconciliation of
materials issued, consumed and in balance (see clause 9.1), theoretical quantity materials issued by the
Employer for use in the Works shall be calculated on the basis and method given hereunder:
a) Quantity of cement & bitumen shall be calculated on the basis of quantity of cement &
bitumen required for different items of Works as shown in the schedule of rates mentioned
in Special Conditions of Contract. 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 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 lap 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 andcategory wise separately
c) Theoretical quantity of G.l. &C.l. or other pipes, conduits, wires and cables, pig lead and G.l./
M.S. sheets shall be taken as quantity actually required and measured plus 2% for wastage
due to cutting into pieces (except in the case of G.I./M.S. sheets it shall be 1.5%), such
determination & comparison being made diameter wise & 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 Special Conditions of Contract. The difference in the net quantities of material
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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 15 (fifteen) days of the issue of written notice by the Engineer-in-
Charge to this effect shall be recovered at the rates specified in Special Conditions of Contract,
without prejudice to the provision of the relevant conditions regarding return of materials
governing the Contract. The decision of Engineer-in-Charge in regard to theoretical quantities
of materials, which should have been actually used as per the standard schedule of rates and
recovery at rates specified in Special Conditions of Contract, shall be final & binding on the
Contractor. For non-scheduled items, the decision of the Engineer-in-Charge regarding
theoretical quantities of materials, which should have been actually used, shall be final and
binding on the Contractor.

iii) Any action under this clause shall be without prejudice to the right of Employer to take action
against the Contractor under any other conditions of Contract for not doing the Works
according to the prescribed specifications.

9.7 Leveling instrument/ survey equipment


The Contractor shall always make available and accurate leveling instrument at the Site. Necessary levels shall
be given by the Contractor or his authorized site engineer and the same will be checked by the site staff of
the Employer.

9.8 Material brought at site


Materials brought at Site consisting of plant, machinery, tools, tackles, raw material etc. required for
execution of Works shall not be removed except for use in the Works unless permission in writing is
given by the Engineer-in-Charge. The Contractor shall be responsible for loss or damage such
materials and goods.

10.0 SUSPENSION & DELAYS


10.1 Suspension of Work

10.1.1

i) The Contractor shall within 3 days of 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 work 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 the work already done or endanger the
safety in general 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 reasons other than thedefault of the

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Contractor;
c. For safety of the Works, public and or public property; or
d. To avoid hindrance to other works; or
e. As communicated by Engineer-in-Charge for any other reason.

The Contractor shall, during such suspension, properly protect and secure the Works to the extent
necessary and carry out the instructions given in that behalfby the Engineer-In- charge.

ii) If the suspension is ordered for reasons (b), (c), (d) or (e) in sub- Para (i) above:

a. The Contractor may be granted on merits an extension of time equal to the period of every such
suspension plus 25% or 1 month, whichever is less, of period for mobilization and
demobilization,
b. Further, the Contractor shall be compensated for any variation in price of material, labour, etc.
as per provisions of clause 14.1 & 14.2.

iii) If the Engineer-in-Charge orders for suspension of the Works or part of the Works for more than
three months, when the suspension of the Works is ordered for reason as mentioned in sub-para
(i) (b), (c), (d) or (e) hereinabove, the Contractor may serve a written notice on Engineer-
in-Charge. The said notice issued by the Contractor shall be for requiring permission to
proceed with the Works or part thereof in regard to which progress has been suspended.
Within 15 [fifteen] days of receipt of such notification from Contractor the Engineer-in-
Charge shall either grant the said permission OR shall explain in detail the reasons because of
which work cannot be resumed for such suspended portions.

iv) If the Engineer-in-Charge does not respond within the said time of 15 [fifteen] days, the Contractor,
if he intends to treat the suspension:

a) Where it affects only a part of the Works as an omission of such part by Employer; or

b) Where it affects whole of the Works, as an abandonment of the Works by Employer shall within 10
days of expiry of said period of 15 days give notice in writing of his intention to the Engineer-in-
Charge.

10.1.2 In the event of the Contractor treating the suspension as an abandonment of the
Contract by Employer, the Contractor 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

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Works in full but which he could not derive in consequence of the abandonment. The
Contractor shall, however, be entitled to such compensation, as the Engineer-in- Charge may
consider reasonable, in respect of salaries and/or wages paid by him to his employees and
labour at site, remaining idle in consequence 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 Employer for
the loss suffered by him on account of delay by Employer in the supply of materials as per the
provisions of clause 9.1, where such delay is covered by difficulties relating to the supply of
ewagons, force majeure including non-allotment of such materials by controlling authorities,
acts of enemies of the state/country or any reasonable cause beyond the control of the
Employer.

10.2 Incentive for early completion

(for Contract Price more than Rs. 3 Crore only)

In case, the Contractor completes the Works ahead of Stipulated Date of Completion, a
bonus @ 1% (one per cent) of the Contract Price per month computed on per day basis, shall be
payable to the Contractor, subject to a maximum limit of 5% (five per cent) of the Contract Price.
The amount of bonus, if payable, shall be paid along with final bill after completion of work.
Provided further that the provision for bonus shall not be applicable if there has been any
modification or rescheduling of the Stipulated Date of Completion of the Contract, on any grounds.
10.3 Compensation for delays

In the event the Contractor fails to maintain the required progress in terms of clause 10.4 or
to complete the Works and clear the Site on or before the Stipulated Date of Completion, he
shall, without prejudice, to any other right or remedy available under the law to the
Employer, on account of such breach, pay as agreed compensation the amount calculated at
the rates stipulated below or as the Engineer-in-Charge (whose communication in writing
shall be final and binding) may communicate on the Contract Price for every completed
day/month (as applicable) that the progress remains below that specified in clause 10.4 or
that the Works remains incomplete. Provided that the same provision shall also apply to
items or group of items for which a separate period of completion from that provided under
clause 10.4 has been specified.

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Compensation for delay of Works shall be @ 1.5% of Contract Price, for each month of
delay 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 Contract Price or the Contract Price of the item or group of items of
Works for which a separate period of completion is given.

10.3.2 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 Employer. In case, the Contractor
fails to achieve a particular milestone mentioned in Special Conditions of Contract, or the
rescheduled milestone(s) in terms of clause 10.4, the amount shown against that milestone
shall be withheld, to be adjusted against the compensation to be levied for the final grant of
extension of time. Itholding of this amount on failure to achieve milestones shall be
automatic and without any notice to the Contractor. Provided that if the Contractor catches
up with the progress of Works on the subsequent milestone(s), the withheld amount shall
be released.Provided further that where the Contractor fails to make up for the delay in
subsequent milestone(s), amount mentioned against each milestone missed subsequently
also shall be withheld. No interest, whatsoever, shall be payable on such withheld amount.

10.4 Time extensions for delay


The time allowed for execution of the Works as specified in the Special Conditions
of Contract or the extended time in accordance with these conditions shall be the essence of
the Contract. The execution of the Works shall commence from the 10 th calendar day or
such time period as mentioned in Work Order. Where the Contractor commits default in
commencing the execution of the Works, the Employer shall without prejudice to any other
right or remedy available in law, be at liberty to forfeit the earnest money & performance
guarantee absolutely. Within 10 days of date of award of work, the Contractor shall submit
a work program schedule as required under clause 3.9 for each milestone and get it
approved by the Engineer-in-Charge. The Schedule shall be prepared in direct relation to
the time stated in the Contract for completion of items of the Works. It shall indicate the
forecast of the dates of commencement and completion of various sections of the Works
and may be amended as necessary by Contract between the Engineer-in-Charge and the
Contractor within the time prescribed in the Contract. To ensure good progress during the
execution of the Works, the Contractor shall in all cases in which the time allowed for any
Works, exceeds one month, except for special jobs for any work wherea separate program
has been agreed upon, complete the Works as per milestone givenbelow:

1/8th Works in 1/4th time


3/8th Works in 1/2 time
3/4th Works in 3/4th time

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Full Works in full time

10.4.2 Force majeure as defined under clause 10.5, or


i. Delay on the part of other contractors or suppliers engaged by Engineer-in-Charge
executing some other work not forming part of the Contract, or
ii. Non-availability of stores, if provided by Employer or
iii. Non-availability or break down of tools and plants, if being supplied or
iv. supplied by the Employer, or
v. Non-availability of Site as per clause 2.4
vi. Any other cause, but not including predictable events such as rainy season, clearance of site,
etc. which in the opinion of the Engineer-in-Charge is beyond the Contractors control.
Then upon the happening of any such event causing delay, the Contractor shall within 7
(seven) days give notice thereof in writing to the Engineer-in-Charge but shall nevertheless
use his best endeavors to prevent or make good the delay and shall undertake all delay
mitigation measures to the satisfaction of the Engineer-in-Charge before proceeding with
the Works. If neither Parties issues notice regarding the event within 7 (seven) days of
occurrence of such event, the said event shall be deemed not to have occurred and the
Contract will continue to have effect as such. It shall be the responsibility of the Contractor
to record any hindrance and reasons thereof in the PMS within 7 (seven) days of
occurrence of such event. Neither Parties shall by reason of such event be entitled to
terminate the Contact or have claim for damages against the other in respect of such non-
performance or delay in performance except as may be provided under provisions of clause
11.1.

10.4.3 Request for rescheduling of Milestones as specified in Special Conditions of Contract 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. The Contractor
may also, wherever feasible, indicate in such a request the period for which extension is
desired. In any such case the Engineer-in-Charge may give a fair and reasonable extension
of time and reschedule the milestones for completion of work. However, while according
any such extension, the Contractor shall have to prove that the activity is lying on the
critical path of the work program schedule as submitted under clause 3.9. 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. The failure of the Contractor to apply in
writing for the extension of time shall not be a bar for giving a fair and reasonable extension
by the Engineer-in-Charge and such extension of time shall be binding on the Contractor.

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10.5 Force Majeure
As used in this Contract, the expression “Force Majeure” or “Force Majeure Event” shall
mean occurrence in India of any or all of Non-Political Event, Indirect Political Event and
Political Event, as defined in clauses 10.5.1, 10.5.2, and 10.5.3 respectively, if it affects the
performance by the Parties claiming the benefit of Force Majeure (the “Affected Party”) of its
obligations under this Contract and which act or event (i) is beyond the reasonable control
of the Affected Party, and (ii) the Affected Party could not have prevented or overcome by
exercise of due diligence and following Good Industry Practice, and (iii) has material
adverse effect on the Affected Party.
10.5.1 Non-Political Event
A Non-Political Event shall mean one or more of the following acts or events:
i. Act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide,
cyclone, flood, volcanic eruption, chemical or radioactive radiation, fire or explosion (to the extent
of contamination or radiation or fire or explosion originating from a source external to the Site);
ii. Strikes or boycotts (other than those involving the, Contractor, Subcontractors or their respective
employees/representatives, or attributable to any act or omission of any of them) interrupting
supplies and services to the
Site for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven)
days in an Accounting Year, and not being an Indirect Political Event set forth in clause 10.5.2;

iii. Any failure or delay of a Sub-contractor/Contractor but only to the extent caused by another Non-
Political Event and which does not result in any offsetting compensation being payable to the
Employer by or on behalf of such Contractor;

iv. Any judgment or order of any court of competent jurisdiction or statutory authority made against
the Contractor in any proceedings for reasons other than (i) failure of the Contractor to comply with
any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or
Applicable Permit or of any contract, or (iii) enforcement of this Contract, or exercise of any of
itsrights under this Contract by the Employer;

v. The discovery of geological conditions, toxic contamination or archaeological remains on the Site
that could not reasonably have been expected to be discovered through a site inspection; or
vi. Any event or circumstances of a nature analogous to any of the foregoing.
10.5.2 Indirect Political Event
An Indirect Political Event shall mean one or more of the following acts or events:
i. an act of war (whether declared or undeclared), invasion, armed conflict or act of foreign
enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion
or politically motivated sabotage;

ii. industry-wide or State-wide strikes or industrial action for a continuous period of 24


(twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting
Year;

99
iii. any civil commotion, boycott or political agitation which prevents construction of the
Works by the Contractor for an aggregate period exceeding 7 (seven) days in an Accounting
Year;
iv. Any failure or delay of a Contractor to the extent caused by any Indirect Political Event and
which does not result in any offsetting compensation being payable to the Employer by or
on behalf of such Contractor;
v. Any Indirect Political Event that causes a Non-Political Event; or
vi.
vii. Any event or circumstances of a nature analogous to any of the foregoing.

10.5.3 Political Event

A Political Event shall mean one or more of the following acts or events by or on account of any
Government Instrumentality:
a. Change in Law, only if consequences thereof cannot be dealt with under and in
accordance with the provisions of clause 14.3;

b. Compulsory acquisition in national interest or expropriation of any project assets or


rights of the Contractor or of the Sub-Contractors;
c. Unlawful or unauthorized or without jurisdiction revocation of, or refusal to renew
or grant without valid cause, any clearance, license, permit, authorization, no
objection certificate, consent, approval or exemption required by the Contractor or
any of the Sub-contractors to perform their respective obligations under this
Contract; provided that such delay, modification, denial, refusal or revocation did
not result from the Contractor’s or any sub-contractor’s inability or failure to
comply with any condition relating to grant, maintenance or renewal of such
clearance, license, authorization, no objection certificate, exemption, consent,
approval or permit.
d. Any failure or delay of a Contractor but only to the extent caused by another
Political Event and which does not result in any offsetting compensation being
payable to the Employer by or on behalf of such Contractor; or
e. Any event or circumstance of a nature analogous to any of the foregoing.
10.5.4 Effect of Force Majeure

Neither Party shall be considered to be in default or in breach of his obligations under the
Contract to the extent that performance of such obligations is prevented by any
circumstances of Force Majeure which arises after the date of the letter of Acceptance or
the date when the Contract becomes effective, whichever is the earlier.

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10.5.5 Notice of Occurrence

If either Parties considers that any circumstances of Force Majeure have occurred which
may affect performance of his obligations he shall promptly notify the other Parties and the
Engineer-in –Charge.
10.5.6 Performance to Continue
Upon the occurrence of any circumstance of Force Majeure the Contractor shall
endeavor to continue to perform his obligations under the Contract so far as reasonable
practicable. The Contractor shall notify the Engineer-in-Charge of the steps he proposes to
take including any reasonable alternative means for performance which is not prevented by
Force Majeure. The Contractor shall not take any such steps unless directed so to do by the
Engineer-in- charge. Provided that if the Contractor incurs additional costs in complying
with the Engineer–in-Charge’s directions under this clause, the amount thereof shall be
certified by the Engineer-in charge and added to the Contract Price.

11.0 TERMINATION OF CONTRACT


11.1 When can Contract be terminated
11.1.1 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 Completion Date has or has not elapsed, by notice in writing
absolutely determine the Contract in any of the following cases, if the Contractor:
a. 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; or

b. Having been given by the Engineer-in-Charge a notice in writing to rectify, reconstruct or


replace any defective work or that the Works is being performed in an inefficient or
otherwise improper un-workman like” manner shall omit to comply with the requirement of
such notice for a period of seven days thereafter, or
c. Has without reasonable cause, suspended the progress of the Works or has failed to proceed
with the Works with due diligence so that in the opinion of the Engineer-in-Charge (which
shall be final and binding) he will be unable tosecure completion of the Works by
Completion Date and continues to do so after a notice in writing of seven days from the
Engineer-in- Charge’ or

d. Fails to complete the Works within the Completion Date or items of Works with individual
date of completion, if any stipulated, on or before such date(s) of completion and does not
complete them within the period specified in a notice given in writing in that behalf by the

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Engineer-in-Charge, or
e) Being an individual, or if a firm, any partner thereof shall at any time be adjudged insolvent
or have a receiving order or order for administration of his estate made against him or shall
take any proceedings for liquidation or composition (other than a voluntary liquidation 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 composition or arrangement
for the benefit of his creditors or purport so to do, or if any application be made under any
Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed
be executed by him for benefit of his creditors; or the creditor to appoint a receiver or a
manager or which entitle the court to make a winding up order; or
f) Shall offer or give or agree 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 reward for
doing or forbearing to do or for having done or forborne to do any act in relation to the
obtaining or execution of this or any other Contract for Government; or
g) Shall obtain a Contract with Government as a result of wrong tendering ‘or other non-
bonafide methods of competitive tendering; or
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period
of 21 days; or
i) Assigns, transfers, sublets (engagement of labour on a piece-work basis or of labour with
materials not to be incorporated in the Works, shall not be deemed to be subletting) or
otherwise parts with or attempts to assign, transfer sublet or otherwise parts with the
entire Works or any portion thereof without the prior written approval of the Employer
j) doesn’t start the Works within 1/8th of the stipulated time; or

k) Is found to have a conflict of interest. Conflict of interest is defined in the general eligibility
criteria shared with the Contractor during the bidding stage.

11.1.2 When the Contractor has made himself liable for action under any of the cases aforesaid, the
engineer-in-Charge on behalf of Employer shall have powers:-

i. To determine or rescind the Contract as aforesaid (of which termination or rescission


notice in writing to the Contractor under the hand of 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 be forfeited and shall be absolutely at the disposal of the Employer

ii. “After giving notice to the Contractor to measure up the Works of the Contractor and to
take such whole, or the balance or part thereof, as shall be un-executed out of his hands and

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to give it to another Contractor to complete the Works at risk and cost of the defaulting
Contractor. The Contractor, whose Contract is determined or rescinded as above, shall not
be allowed to participate in the tendering process for the balance Works besides initiating
any penal action as per the provisions of Contract.

In the event of above course(s) 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 having
purchased or procured any material or entered into any engagements or made any advance
on account or with a view to the execution of the Works or the performance of the Contract.
And in case action is taken under any of the provision aforesaid the Contractor 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.

11.2 Contractor liable to pay compensation even if action not taken under clause 11.1.

In any case in which any of the powers conferred upon the Engineer-in-Charge by clause 1.1
thereof, shall have become exercisable and the same are not exercised, 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 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 on hire (the amount of the hire money being also in
the final determination of the Engineer-in-Charge) all or any tools, plant, 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 workflow 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.

11.3 ‘Cancellation of Contract in full or part

11.3.1 The Employer may, without prejudice to any other right or remedy which shall have
accrued or shall accrue hereafter to Employer, by a notice in writing to cancel the Contract
as a whole or only such item of Works in default from the Contractor due to occurrence of

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any of the events mentioned in clause 11.1 above

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

i. Take possession of the Site and any materials, constructional plant, implements stores, etc.,
thereon; and/or

ii. 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 of damage
suffered by Employer. In determining the amount, credit shall be given to the Contractor for the
value of the Works executed by him up to the time of cancellation, the value of Contractor’s
materials taken over and incorporated in the Works and use of plant and machinery belonging
to the Contractor.

11.3.2. Any excess expenditure incurred or to be incurred by Employer in completing the Works or
part of the Works or the excess loss or damages suffered or may be suffered by Employer as
aforesaid after allowing such credit shall without prejudice to any other right or remedy
available to Employer in law be recovered from any money 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 Contractors’ 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 Contract.

11.3.3 Any sums in excess of the amounts due to Employer and unsold materials, constructional
plant, etc., shall be returned to the Contractor, provided always that if cost or anticipated cost of
completion by Employer 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.

11.4 Termination of Contract on death of Contractor/ Partner


If the Contractor is an individual or a sole proprietary concern, and the individual or the

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sole proprietor dies, or if the Contractor is a partnership concern and one of the partners
dies, in that case unless the Employer is satisfied that the legal representative of the
individual Contractor or of the sole proprietor, as the case may be, or in the case of a
partnership firm, all surviving partners, are capable of carrying out and completing the
Contract, the Employer shall be entitled to terminate the Contract as to its incomplete part.
In that event, the Employer shall not be liable to pay any compensation to the legal heirs of
the deceased Contractor and / or to the surviving partners of the Contractor’s firm, on
account of such cancellation of Contract. DJB’s decision, as to whether the legal
representatives of the deceased Contractor or surviving partners of the Contractor firm can
or cannot carry out and complete the Contract, shall be final and binding on the parties. Any
liability incurred by the deceased Contractor, or by the deceased partner of the contracting
firm, before his death, shall be recovered from the legal representatives of the deceased
Contractor or from the surviving partners of the said contracting firm as the case may be.

11.5 Termination due to Force Majeure Event


11.5.1 If a Force Majeure Event, as specified under clause 10.5, subsists for a period of 60
days or more within a continuous period of 120 days, either Parties may in its
discretion terminate this Contract by issuing a termination notice to the other
Parties without being liable in any manner whatsoever, save as provided in
provisions of clause 11.1. Upon issue of such termination notice, this Contract shall,
notwithstanding anything to the contrary contained herein, stand terminated
forthwith; Provided that before issuing such termination notice, the Parties
intending to issue the termination notice shall inform the other Parties of such
intention and grant 15 (fifteen) days time to make a representation, and may after
the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such
representation, in its sole discretion issue the termination notice.
11.5.2 In the event of the Contract being terminated under clause 11.5.1 on account of Force
Majeure Event, the Engineer-in-Charge shall issue a payment certificate which shall include:
i. An amount equal to the value of the construction work less payments outstanding against
the Contractor up to less other recoveries due in terms of deducted at source in accordance
with already made, less advance payments the date of issue of termination notice, the Contract,
less taxes due to be applicable Law

ii. The cost of plants and materials ordered for the Works which have been delivered to the
Contractor. Provided that such Plants and Materials shall become property of Employer
when paid for by the Employer and the Contractor shall place the same at the Employer’s
disposal
iii. And the Contractor’s cost of protecting and securing the Works.

12.0 MEASUREMENT & PAYMENTS

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12.1 Measurement of work done

12.1.1 TheEngineer-in-Charge shall, except as otherwise provided, ascertain and determine, by


measurement, the value of Works done in accordance with the Contract. Measurement of all items
having financial value shall be entered in measurement book and/or level field book so that a
complete record is obtained of all Works performed under the Contract. All measurements and
levels shall be taken jointly by the Engineer-in-Charge or his authorized representative and by the
Contractor or his responsible agent from time to time during the progress of the Works and such
measurements shall be signed and dated by the Engineer-in-Charge and the Contractor or their
representatives as token of their acceptance. If the Contractor objects to any of the measurements
recorded, a note shall be made to that effect with reason and signed by both the parties.

12.1.2 If for any reason the Contractor or his responsible agent is not available and the work of recording
measurements is suspended by the Engineer-in-Charge or his representative, the Engineer-in-
Charge and the Employer shall not entertain any claim from Contractor for any loss or damages on
this account. If the Contractor or his responsible agent does not remain present at the time of such
measurements after the Contractor or his responsible agent has been given a notice in writing three
(3) days in advance or fails to countersign or to record objection within a week from the date of the
measurement, then such measurements recorded in his absence by the Engineer-in- Charge or his
representative shall be deemed to have been accepted by the Contractor.

12.1.3 The Contractor shall, without extra charge, provide all assistance with every instrument, labour and
other things necessary for measurements and recording levels.

12.1.4 Except where any general or detailed description of the Works expressly shows to the contrary,
measurements shall be taken in accordance with the procedure set forth in the technical
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.

12.1.5 If any part of Works shall be covered up or placed beyond the reach of measurements without
notice been given to the Engineer-in-Charge or without his consent being obtained in writing, the
Works shall be uncovered at Contractor’s expense, or in default thereof no payment or allowance
shall be made for such Works or the materials with which the same was executed.

12.1.6 Engineer-in-Charge or his authorized representative may cause either themselves or another officer
of the Employer to check the measurements recorded jointly or otherwise as aforesaid and all
provisions stipulated herein above shall be applicable to such checking of measurements or levels.
12.1.7 It is also a term of this Contract that recording of measurements of any item of Works in the
measurement book and/or its payment in the interim, on-account or final bill shall not be

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considered as conclusive evidence as to the sufficiency of any work or material to which it relates
nor shall it relieve the Contractor from liabilities from any other measurements or defects noticed
till completion of the defects liability period.

12.2 Payments of running bills


12.2.1 The payment of the monthly running bill for the Works shall be released in 90 days from the date of
recording of pay order. No excuse for delay in completion of work/prolongation of the Contract
shall however be entertained on account of the reason of delay in payment. The bidder therefore,
must take into consideration of its financial capability to carry out and to continue the work without
any hindrances.

12.2.2 In the event of the failure of Employer to release payment as per clause 12.2.1, the Employer shall
be liable to pay interest @ 10% per annum computed for period beyond 90 days. Provided always,
that no interest shall be payable on any amount disallowed or disputed by the Engineer-in-Charge
or the Employer, even if such amount is later on determined to be payable to the Contractor, as a
result of any process resorted to for the settlement of the dispute as per Contract.

12.2.3 It shall be the contractual obligations on the part of the Contractor to submit with each running bill
photocopies of the:
(i) Challans for the main items purchased for the Works like CI/DI/MS/RCC/PSC Pipes, E&M
equipment, manhole frame and covers, footrests, sluice valves, fire hydrants and other fixtures and
accessories used in the Works;
(ii) Guarantee/ warranty certificates, wherever applicable;
(iii) Manufacturer's test reports of cement, steel, MS plates, sluice valves etc.
(iv) GIS maps of pipelines and other related key components (to be submitted only with the final bill)

Note: Contractor shall solely be responsible for the authenticity of the challans and other documents
submitted along with each running and final bills.

12.2.4 The original challans shall be produced before the Engineer-in-Charge for verification, as and when
desired by him.

12.3 Currency of payment

Unless specifically provided for in the Contract, all payments shall be in Indian rupees only. Unless specified
otherwise, payment, if any, in foreign currencies, shall be made only to the extent and in the manner laid down in the
Contract. In case of items of Works requiring payments in foreign exchange, the Contractor shall furnish the details in
the Bill of Quantities. For such items, payments will be arranged in Foreign Currency.
12.4 Payment of Contractor's bills to banks

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Payments due to the Contractor shall be made to his bank instead of direct to him. The Contractor shall submit
to the Engineer-in-Charge: (1) an authorization in form of a legally valid document such as a 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 Employer or his signature on the bill or other claim preferred against Employer
before settlement by the Engineer-in-Charge of the account or claim by payment to the bank, registered
financial, cooperative or thrift societies or recognized financial institutions. While the receipt given by such
bank; registered financial, cooperative 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, cooperative or thrift societies or recognized
financial institutions. Nothing herein contained shall operate to create any rights or equities vis-à-vis
Employer in favor of the bank.

12.5 Payment of final bill


The final bill shall be submitted by the Contractor within three months of Completion Date or within
one month of the date of issue of Completion Certificate furnished by the Engineer-in-Charge whichever is
earlier. In case commissioning is delayed beyond a period of one year from the Physical Completion of the
Works, the final bill shall be settled upon completion of the Defect Liability Period, as per clause 16.1(iii), or
upon successful commissioning 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. Payments 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
representative, complete with account of materials issued by the Employer and dismantled materials.

12.6 Lump sum provisions in a composite tender


When the Contract Price is lump sum in respect of parts of the Works, the Contractor shall be
entitled to payment in respect of the items of Works involved or the part of the Works in question at the
same rates as are payable under this Contract for such items, or if the part of the Works 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

12.7 Withholding and lien in respect of sums due from Contractor

(i) Whenever any claim or claims for payment of a sum of money arises out of or under the
Contract against the Contractor, the Engineer-in-Charge or the Employer shall be entitled to
withhold and also have a lien to retain such sum or sums in whole or in part from any sum or
sums found payable orwhich may at any time thereafter become payable to the Contractor under
the Contract. In the event of the payment from such sums being insufficient to cover the claimed
amount, the Employer shall be entitled to withhold and have a lien to retain to the extent of such
claimed amount from the security deposit, if any. Further, for the purpose of this clause, the
Employer shall be entitled to withhold and also have a lien to retain to the extent of the claimed amount

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or amounts, from any sum or sums found payable or which may at any time thereafter become
payable to the Contractor under any other Contract with the Engineer-in-Charge or the Employer
pending finalization of adjudication of any such claim

(ii) The sum of money or moneys so withheld or retained under the lien referred to above by the Engineer-in-
Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer
till the claim arising out of or under the Contract is determined by the arbitrator (if the Contract
is governed by the arbitration clause) or by the competent ‘court, as the case may be 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 Employer 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

(iii) The Employer 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. If as aresult 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 is found not to have been executed,
the Contractor shall be liable to refund the amount of over- payment and it shall be lawful for
Employer to recover the same from him in the manner prescribed in sub-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 the Contract in respect if any work executed by him under it,
the amount of such under payment shall be duly paid by Employer to the Contractor, without
any interest thereon. Provided that the Employer shall not beentitled to recover any sum
overpaid, nor the Contractor shall be entitled to payment of any sum paid short where such
payment has been agreed upon between the Engineer-in-Charge on the one hand and the
Contractor on theother under any term of the Contract permitting payment for Works after
assessment by the Engineer-in-Charge.
12.8 Rates
12.8.1 The tendered rate (%age rate tender/item rate tender) for all items of the Works shall be
considered inclusive of all leads and lifts, unless otherwise specified by BOQ, skilled or unskilled
labour& material required for working at all heights and depths, making any shape of the masonry
as per the drawings, royalty fee, applicable GST Nothing extra shall be paid unless otherwise given
in the description of item and no extra claim shall be entertained due to any reasons account.

12.8.2 Nothing extra shall be paid unless otherwise specified on account of cutting of grass,bushes, leveling
of undulation in the ground, existence of drain and temporary structures etc. requiring removal and
difficulty due to space constraints

12.8.3 Nothing extra shall be paid for working in foul conditions unless otherwise specified. The tendered

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rates shall not be subject to any revisions for want of any information.
12.8.4 Nothing extra shall be paid for Works required as per Good Engineering Practice, BIS, manufacturer
recommendation even if it is not specifically provided in the Contract.
12.9 Levy / Taxes payable by Contractor
All taxes, duties, levies, cess, etc. in respect of this Contract shall be payable by the
Contractor and the Employer shall not entertain any claim whatsoever in this respect

(i) The Contractor shall deposit royalty and obtain necessary permit for supply of
the red bajri, stone, kankar, etc. from local authorities
(ii) Where pursuant to or under any law, notification or order any royalty, cess or the like becomes
payable by the Employer and does not any time become payable by the Contractor to the State
Government or 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 Employer and it will have the right and be entitled to
recover the amount paid in the circumstances as aforesaid from dues of the Contractor.

12.10 Taxes
12.10.1 Unless otherwise specified in Special Conditions of Contract, the Contract Price shall be inclusive of
all the taxes, duties, cess, etc.

For item rate and percentage rate tenders, the quantity of various materials and supplies/
equipment’s shall be worked out as per the Bill of Quantities (BOQ) prepared for working out
the estimates of the project. For DBO projects, the quantity of various materials and
supplies/equipment to be consumed shall be worked out based on the design & drawing
submitted by the Contractor after award of work and that is subsequently released by
Employer for execution of work. Such release of design and drawing by employer shall be
periodic and commensurate with the work progress. The BOQ and the price break-up shall then
be prepared by the Contractor for DBO projects and got approved by Employer. In case of any
extra/ substitute item, necessary adjustment would be accordingly made to BOQ. Although
Employer shall recognize the delivery challan for material and supplies/ equipments involved
in execution of the work (supplied in course of inter-state trade) at the time of their receipt at
the Site, the responsibility of their watch and ward shall continue to vest with Contractor, until
the project is handed over to Employer. Also, the payment to Contractor shall be governed by
the payment schedule as laid down in the tender document. To facilitate the Contractor account
for the transactions, Employer shall with each payment issue a certificate specifying the
quantity of material and supplies/ equipment consumed in achievement of a project milestone
against which payment is released, based on the quantities worked out as mentioned above.
Note: Recognition of delivery challan against the material and supplies at the time of their
receipt at the project site should not be understood in any case, that the contractor can procure
any quantity of material which is way beyond the quantity to be consumed (estimated using the
common business prudence) and the shelf life of the material expires before it being used.
Accordingly, material and supplies should be procured based on the progressive use of material
and supplies/ equipments and the same shall correspond with the approved/ released design &
drawing, and BOQ. Further, Employer shall not be responsible in any manner to recognise the

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billing for any excess consumption of material and supplies/ equipments by the Contractor
beyond the quantities worked out as per para 2 above, subject to permissible variation allowed
under clause 13.3 of GCC. [Clause to be inserted in Pure Supply and E&M Contracts]

i. GST UNDER Works Contract: The Contractor shall produce before the Employer a copy of his
registration certificate under the GST along with other documents as required/mandated by the
law.

13.0 ALTERATIONS, ADDITIONS & OMISSIONS

13.1 Deviations / Variation Extent and Pricing

13.1.1 The Engineer-in-Charge shall have power

(i) To make alteration, omissions, additions, or substitutions in 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.

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 alterations omissions, additions or substitutions
shall form part of the Contract as if originally provided therein. Any altered, additional or substituted Works
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 respects including price on which he agreed to do
the Works except as hereafter provided Instructions for any variations shall be communicated to the
Contractor by the Engineer-in Charge in writing with a copy to the Employer

13.1.2 The time for completion of the Works shall, in the event of any deviations resulting in additional
cost over the Contract Price be extended, if requested by the Contractor, as follows:

(i) In the proportion which the additional cost of the altered, additional or substituted work, bears to
the original Contract Price and
(ii) Upto 25% of the time calculated in (i) above or as may be considered reasonable by the Engineer-in-
Charge.
13.1.3 If any extra item of material and/ or labour is involved during execution of work, the Contractor
shall have to execute the same as per the direction of Engineer-in-Charge and the payment shall be
made as per applicable DSR plus/ minus Contractor’s enhancement as applicable. In case, the extra
item of material and/ or labour is not available in the schedule of rate, the Contractor will be paid
analyzed rates based on either DSR with Contractor’s enhancement (+/-) or prevailing market rates
plus 15% Contractor's profit but without Contractor’s enhancement.

13.1.4 In case of reduction of scope due to action under clause 13.1.1, the reduction in payments shall be

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calculated based on schedule of rates for the Contract.

13.2 Foreclosure of Contract due to abandonment or reductions in scope of work


13.2.1 If at any time after issuance of Work Order, the Employer decides to abandon or reduce the scope of
the Works 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
consequence of the fore closure of the whole or part of the Works.
13.2.2 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 Works to the full extent in view of the foreclosure:
(i) Any expenditure incurred on preliminary site work, e.g. temporary access roads, temporary labour
huts, staff quarters and site office, storage accommodation and water storage tanks.

(ii) Employer shall not take over Contractor’s materials or any part thereof either brought to Site or of
which the Contractor is legally bound to accept delivery from suppliers (for incorporation in or
incidental to the work). However, the Engineer-in- Charge/ Employer may consider providing cost
for such materials as deemed reasonable. The cost shall, however, take into account purchase price,
salvage value, cost of transportation and deterioration or damage which may have been caused to
materials whilst in the custody of the Contractor.
(iii) If any materials supplied by Employer are rendered surplus, the same except normal wastage shall
be returned by the Contractor to Employer at rates not exceeding those at which these were
originally issued lessallowance for any deterioration or damage which may have been caused whilst
the materials were in the custody of the Contractor. In addition, cost of transporting such materials
from Site to Employer’s stores, if so required byEmployer, shall be paid by the Employer.
(iv) Reasonable compensation for repatriation of Contractors 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 items on (i)and (iv) above shall not be in excess of 2% of the cost of the
Works remaining incomplete on the date of closure, i.e., total stipulated cost of the Works as per
accepted tender less the cost of Works actually executed under the Contract. 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 Employer from the Contractor under the terms of the Contract.

13.3 Permissible variation in Cement & Steel

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After completion of the Works, the theoretical quantity of cement/ steel to be used in Works shall be
calculated on the basis of statement showing quantity of cement/ steel to be used in different items of
Works as provided in Schedule of Rates. In case any item is executed for which the standard coefficient for
the consumption of cement/ steel are not available in the above mentioned statement or cannot be derived,
the same shall be calculated on the basis of analysis by the Engineer-in-Charge. Over this theoretical
quantity of cement/ steel, a variation up to 2% (two percent) and for steel, a variation up to 3% (three
percent) plus/minus for Works shall be allowed. In the event of it being discovered that the quantity of
cement/ steel used is less than the quantity required (allowing variation on the minus side as stipulated
above), the portion of Works executed will be rejected and the same shall be demolished and reconstructed
by the Contractor at his own cost. The decision of concerned Engineer-in- Charge, in this regard, shall be
final and binding on the Contractor. Provided that, cement/ steel used in excess over permissible variation
shall not be payable.

14.0 CHANGES IN CONTRACT PRICE


14.1 Payments due to variation in prices of material, POL and labour after receipt of tender
for Item Rate/ Percentage Contract (Would apply for EPC/ DB/ DBO contracts also when
exact quantity of material consumed is measured)
If during the operative period of the Contract, there shall be any variation in the prices of material
(not being the material supplied by Employer as under clause 9.1 and/ or services rendered at fixed
prices as under clause 9.5 and the material for which the price variation is being calculated for
actual quantities used as under clause 14.1.3) and/ or in the wages of labour required for execution
of Works and/ or in POL (fuel, oil and lubricant), the Contract Price shall be adjusted as per the
provisions detailed below. For working out the percentages of the values of material, labour and
POL components in the work, the total of these three components should be taken as 100. Standard
labour, material & POL components indicated in the table below can be used for the Works related
to water supply and wastewater projects.

14.1.1 Standard labour, material & POL components to be used for the Water and Wastewater
Supply Projects5

(K) Percentage to be used for


Sr. component
Description
Petrol, oil
No. Labour Materia
&
(K1) l (K2) Lubricant
(K3)
1 River Head Works including approach bridges 40 55 5
approach bunds, coffer dam etc.
2 Raw & Pure water pumping main, Leading 25 70 5
Mains, Distribution System etc
3 WTP M.B.R ( Elevated R.C.C) E.S.R. R.C.C 40 55 5
G.S.R

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4 Wastewater pumping main, Leading Mains, 25 70 5
Distribution System etc
5 WWTP 40 55 5

14.1.2 Guiding formulae to be used to calculate Price Variation for different components
of work

I. Formula for Labour Component


V = 0.85 × W × K/100 X L-L
L
where;
VL = Amount (in INR) of price variation for the labour component
W= Cost of Work done during the quarter under consideration minus the cost of the Bitumen, HYSD,
Mild Steel reinforcement, Structural Steel, Mild Steel plates Cement, Liquid Chlorine, Alum/ PAC and
CI/DI/HDPE/MDPE pipes ascovered under Clause 14.1.3
K1 = Percentage of labour component as indicated above
L0 = Consumer Price Index for Industrial workers, published in the Reserve Bank of India Bulletin, as
applicable to Delhi area for the month in which the tender was opened.
L1 = Average of monthly Consumer Price Index for Industrial workers, published inn the Reserve Bank of
India Bulletin, as applicable to Delhi area for the quarter under consideration.

The standard percentages are indicative in nature and has to be verified and confirmed by
the concerned Chief Engineer before issuing the tender document to the bidders

II. Formula for Material Component

V = 0.85 × W × K2/100 X M1-M0


M0
where;
VM = Amount (in INR) of price variation for the material component
W= Cost of Work done during the quarter under consideration minus the cost of the Bitumen, HYSD,
Mild Steel reinforcement, Structural Steel, Mild Steel plates Cement, Liquid Chlorine, Alum/ PAC and
CI/DI/HDPE/MDPE pipes as covered under Clause 14.1.3
K2 = Percentage of material component as indicated above
M0 = Relevant All India Wholesale Price Index as published by Economic Advisor to Govt. of India,
Ministry of Industry and Commerce as valid on the base date.
M1 = Average of relevant All India Wholesale Price Index as published by Economic Advisor to Govt. of
India, Ministry of Industry and Commerce for the quarter under consideration.

114
III. Formula for POL Component
V = 0.85 × W × K3/100 X P1-P0
P0
Where;
VP = Amount (in INR) of price variation for the POL component
W = Cost of Work done during the quarter under consideration minus the cost of the Bitumen, HYSD,
Mild Steel reinforcement, Structural Steel, Mild Steel plates , Cement, Liquid Chlorine, Alum/ PAC
and I/DI/HDPE/MDPE pipes as covered under Clause 14.1.3
K3 = Percentage of POL component as indicated above
F0 = All India Wholesale Price Index for High Speed Diesel as published by economic Advisor to Govt. of
India, Ministry of Industry and Commerce as valid on the base date.
F1 = Average of All India Wholesale Price Index for High Speed Diesel as published by Economic Advisor
to Govt. of India, Ministry of Industry and Commerce for the quarter under consideration.

14.1.3 Guiding formulae to calculate Price Variation in rupees for different material
components as per actual quantities used
I. Formulae for Bitumen Component
V = T1 × Ho × H11-H10
H10

where;

VH= Amount of price variation in Rupees to be allowed for HYSD / Mild Steel /Structural Steel /
Steel Plates Component.
H0 = Basic rate of HYSD / Mild Steel / Structural Steel / Steel Plates Component in rupees per MT
as considered in Tendered cost of work.
H10 = Basic Wholesale Price Index for Stainless Steel & Alloys shall be the average Wholesale
Price Index ascertained as above on the base date.
H11 = Average Wholesale Price Index for Stainless Steel & Alloys ascertained as above during the
period under consideration.
T 1= Tonnage of steel used in the permanent works for the period under consideration.

II. Formula for HYSD, Mild Steel reinforcement, Structural Steel , Steel Plates Component .

VH = T1* H0 *(H11-H10)
H10
where;

VH = Amount of price variation in Rupees to be allowed for HYSD / Mild Steel / Structural
Steel / Steel Plates Component.
H0 = Basic rate of HYSD / Mild Steel / Structural Steel / Steel Plates Component in rupees
per MT as considered in Tendered cost of work.
H10 = Basic Wholesale Price Index for Stainless Steel & Alloys shall be the average
Wholesale Price Index ascertained as above on the base date.
H11 = Average Wholesale Price Index for Stainless Steel & Alloys ascertained as above
during the period under consideration.
T1 = Tonnage of steel used in the permanent Works for the period under consideration
III. Formula for Cement component

115
VC = T2 * C0 *(C11 –C10 )
C10
where;
VC = Amount of price variation in Rupees to be allowed for Cement component
C0 = Basic rate of Cement Component in rupees per MT as considered in Tendered cost of work.
C10 = Basic Wholesale Price Index for cement shall be the average Wholesale Price Index
ascertained as above on the base date.
C1 1 = Average Wholesale Price Index for cement ascertained as above during the period under
consideration
T2 = Tonnage of cement used in the permanent works for the period under consideration.

IV. Formula for C.I./ D.I pipe component


Vcd= T3 * D0 *(D11-D10)
D10

where;
Vcd = Amount of price variation in Rupees to be allowed for C.I./ D.I. pipe component
D10 = Basic rate of C.I./ D.I pipe Component in rupees per MT as considered in Tendered cost of
work.
D10 = Basic Wholesale Price Index for Pig-Iron shall be the average Wholesale Price Index
ascertained as above on the base date.
D11 = Average Wholesale Price Index for Pig-Iron ascertained as above during the period under
consideration
T3 = Tonnage of C.I./ D.I pipe used in the permanent works for the period under
consideration.
V. Formula for Liquid Chlorine Component
V= T4 × LC × LC1 − LC1
LC1
where;
VLC = Amount of price variation in Rupees to be allowed for Liquid Chlorine component
LC0 = Basic rate of Liquid Chlorine Component in rupees per MT as considered in Tendered cost
of work.
LC10 = Basic Wholesale Price Index for Liquid Chlorine shall be the average nWholesale Price
Index ascertained as above on the base date.
LC11 = Average Wholesale Price Index for Liquid Chlorine ascertained as above during the period
under consideration
T4 = Tonnage of Liquid Chlorine used in the permanent works for the period under
consideration

VI. Formula for Alum/ PAC Component

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V = T5 × A × A1-A1
A1
where;
VA = Amount of price variation in Rupees to be allowed for Alum/ PAC component
A0 = Basic rate of Alum/ PAC Component in rupees per MT as considered in Tendered cost of
work.
A10 = Basic Wholesale Price Index for Basic Inorganic Chemicals shall be the average Wholesale
Price Index ascertained as above on the base date.
A11= Average Wholesale Price Index for Basic Inorganic Chemicals ascertained as above during
the period under consideration
T5 = Tonnage of Alum/ PAC used in the permanent works for the period under consideration
Note:- The basic rate considered in tender cost, applicable for price variation
1. Cement: Rs. 5700.00/ MT
2. HYSD & Mild Steel: Rs. 37750 / MT
3. M.S. Plate: Rs. 39000/ MT

Escalation of HDPE Pipe: The price variation of HDPE pipes shall be worked out based on the
linear formula as
P= (A--B) x C, where P = Amount of price variation to be adjusted,
A= Latest rate of raw material (P54A001A) of GAIL on 15th of the month in which supplies have
been made.
B = Base price of raw material as given in the tender document is Rs. 102100/MT.
C = Tonnage of HDPE pipes used in the permanent works for the period under consideration.
14.1.4The following conditions shall prevail
i) Price Variation shall not be applicable for Contracts with original Stipulated Period of Completion less
than 12 months.
ii) For Contracts with original Stipulated Period of Completion greater than 12 months, Price Variation
shall be applicable on the entire duration of Contract. No price variation will be made for Contracts
where the extension in time is because of default of Contractor. The decision of Engineer-in-Charge
shall be final and binding on the Contractor.
iii) The base date for the purpose of this clause shall be 7 days before the last date of submission of final bid.
iv) In case of extension in the date of completion of works, the compensation under price variation
shall be limited to indices prevailing at the time of Stipulated Period of Completion or as prevailing
for the period under consideration, whichever is less.
v) Clause 14.1 is operative both ways, i.e. if the price variation as calculated above is on the plus side,
payments on account of the price variations shall be allowed to the contractor and if it is on the
negative side, the Employer shall be entitled to recover the same from the Contractor and the
amount shall be deductible from anyamounts due and payable under the Contract. vi)To the extent
that full compensation for any rise or fall in costs to the Contractor is not entirely covered by the
provision of this or other clauses in the Contract, the unit rate and prices included in the Contract
shall be deemed to include amounts to cover the contingency of such other actual rise or fall in
costs.

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14.1.5 For E&M (electrical & mechanical) tenders, price variation shall be made as per the latest
publication and guidelines issued by IPMA/ IEEMA

14.2 Payments due to variation in prices of material, POL and labour after receipt of tender for
EPC/ DB/ DBO contracts.
(Would apply for EPC/ DB/ DBO contracts when exact quantity of material consumed is not
measured)

If during the operative period of the Contract, there shall be any variation in the prices of material
(not being the material supplied by Employer as under clause 9.1 and/ or services rendered at fixed
prices as under clause 9.5) and/ or in the wages of labour required for execution of Works and/ or
in POL (fuel, oil and lubricant), the Contract Price shall be adjusted as per the provisions detailed
below.
For working out the percentages of the values of material, labour and POL components in
the work, the total of these three components should be taken as 100. Standard labour, material &
POL components indicated in the table below can be used for the Works related to water supply
and wastewater projects.
14.2.1 Standard labour, material & POL components to be used for the Water and Wastewater
Supply Projects6

(K) Percentage to be used for


Sr. component
Description
Petrol, oil
No. Labour Materia
&
(K1) l (K2) Lubricant
(K3)

1. River Head Works including approach 40 55 5


bridges approach bunds, coffer dam etc.
2. Raw & Pure water pumping main, Leading 25 70 5
Mains, Distribution System etc
3. WTP M.B.R ( Elevated R.C.C) E.S.R. R.C.C 40 55 5
G.S.R
4. Wastewater pumping main, Leading Mains, 25 70 5
Distribution System etc
5. WWTP 40 55 5

14.2.2 Guiding formulae to be used to calculate Price Variation for different components
of work
V = 0.85 × W × K/100×L − L
L

118
where;
VL = Amount (in INR) of price variation for the labour component
W = Cost of Work done during the quarter under consideration
K1 = Percentage of labour component as indicated above
L0 = Consumer Price Index for Industrial workers, published in the Reserve Bank of India Bulletin, as
applicable to Delhi area for the month in which the tender was opened.

The standard percentages are indicative in nature and has to be verified and confirmed by the concerned Chief Engineer
before issuing the tender document to the bidders

L1 = Average of monthly Consumer Price Index for Industrial workers, published in the Reserve Bank of India
Bulletin, as applicable to Delhi area for the quarter under consideration.
II. Formula for Material Component
V = 0.85 × W × K/100×M − M
M
where;
VM = Amount (in INR) of price variation for the material component
W = Cost of Work done during the quarter under consideration
K2 = Percentage of material component as indicated above
M0 = Relevant All India Wholesale Price Index as published by Economic Advisor to Govt. of India,
Ministry of Industry and Commerce as valid on the base date.
M1 = Average of relevant All India Wholesale Price Index as published by Economic Advisor to Govt. of
India, Ministry of Industry and Commerce for the quarter under consideration.

III. Formula for POL Component


V = 0.85 × W × K/100×P − P
P
Where;
VP = Amount (in INR) of price variation for the POL component
W = Cost of Work done during the quarter under consideration
K3 = Percentage of POL component as indicated above
F0 = All India Wholesale Price Index for High Speed Diesel as published by economic Advisor to Govt. of
India, Ministry of Industry and Commerce as valid on the base date.
F1 = Average of All India Wholesale Price Index for High Speed Diesel as published by Economic Advisor to
Govt. of India, Ministry of Industry and Commerce for the quarter under consideration.
14.2.3 The following conditions shall prevail

i) Price Variation shall not be applicable for Contracts with originalStipulated Period of Completion

119
less than 12 months.
ii) For Contracts with original Stipulated Period of Completion greater than12 months, Price Variation
shall be applicable on the entire duration ofContract. No price variation will be made for Contracts
where the extension in time is because of default of Contractor. The decision of Engineer-in-Charge
shall be final and binding on the Contractor.
iii) In case of extension in the date of completion of works, thecompensation under price variation shall be
limited to indices prevailing at the time of Stipulated Period of Completion or as prevailing for the period
under consideration, whichever is less.
iv) The base date for the purpose of this clause shall be 7 days before the last date of submission of final
bid.
v) The Clause 14.2 is operative both ways, i.e. if the price variation as calculated above is on the plus
side, payments on account of the price variations shall be allowed to the contractor and if it is on the
negative side, the Employer shall be entitled to recover the same from the Contractor and the
amount shall be deductible from any amounts due and payable under the Contract
vi) To the extent that full compensation for any rise or fall in costs to the Contractor is not entirely
covered by the provision of this or other clauses in the Contract, the unit rate and prices included in
the Contract shall be deemed to include amounts to cover the contingency of such other actual rise
or fall in costs.

14.2.4 For E&M (electrical & mechanical) tenders, price variation shall be made as per the latest publication
and guidelines issued by IPMA/ IEEMA.

14.3 Change in law


14.3.1 “Change in Law” shall mean the occurrence of any of the following:
i) The enactment of any new Indian law and its entering into effect;

ii) The repeal, modification or re-enactment of any existing Indian law;

iii) A change in the interpretation or application of any Indian law by a judgement of a court of record
which has become final, conclusive and binding, as compared to such interpretation or application
by a court of record prior to the last date of submission of final bid; or

iv) Any change in the rates of any of the Taxes or royalties on Materials that have a direct financial
effect on the Contract;

14.3.2 If as a result of Change in Law, the Contractor suffers any additional costs for the execution of this
Contract, save and except as expressly provided for in this clause 14.3 or in accordance with the
provisions of this Contract, the Contractor shall, within 30 (thirty) days from the date he becomes
reasonably aware of such addition in cost, notify the Employer with a copy to the Engineer-in-
Charge of such additional cost due to Change in Law

14.3.3 If as a result of Change in Law, the Contractor benefits from any reduction in costs for the execution
of this Contract, save and except as expressly provided for in this clause 14.3 or in accordance with
the provisions of this Contract, the Contractor shall, within 30 (thirty) days from the date he
becomes reasonably aware of such reduction in cost, notify the Employer with a copy to the
Engineer-in-Charge of such reduction in cost due to Change in Law.

120
14.3.4 The Contractor shall keep necessary books of accounts and other documents for thepurpose of this
condition as may be necessary and shall allow inspection of the same by Engineer-in-Charge and
further shall furnish such other information/document as the Engineer-in-Charge may require from
time to time.

14.3.5 Where as a result of Change in Law, the Contractor suffers any additional costs for the execution of
this Contract or benefits from any reduction in costs under clause14.3.2 or 14.3.3 as the case may
be, such additional or reduced cost shall be determined by the Engineer-in-Charge, after due
consultation with the Employerand the Contractor, and shall be added to or deducted from the
Contract Engineer-in-Charge shall notify the Contractor accordingly, with a copy to the Employer
14.3.6 Any reduction in the tax cost due to the introduction of the Goods and Services Tax (GST) and
complete fungibility of input credits across Federal and State taxes shall be passed on by the
Contractor to the Employer. The quantum of benefit will be determined by a mutually agreed
mechanism and the actual duty paying documents.

14.3.7 Change in Law shall be applicable on original Stipulated Period of Completion and where such
period increases for reasons other than those attributable to the Contractor oras defined under
clause 10.4.2 only

15.0 CERTIFICATES

15.1 Completion certificate

15.1.1 Within 10 (ten) days of the Physical Completion of the work, the Contractor shall give notice of such
completion to the Engineer-in-Charge. Within 30 (thirty) days of thereceipt of such notice, the
Engineer-in-Charge shall inspect the Works and if there is nodefect in the work, shall furnish the
Contractor with a Completion Certificate, otherwise provisional certificate of Physical Completion
indicating defects:

i) To be rectified by the Contractor and/or


ii) For which payment will be made at reduced rates, shall be issued

Provided that no Completion Certificate shall be issued, nor shall the Works be considered to be
complete until the Contractor shall have removed from the Site all scaffolding, surplus materials, rubbish
and all huts and sanitary arrangements required for his/their work people on the Site and cleaned off the
dirt from site, shall have obtained clearance from labour officer as under clause 15.1.2 and not until the
Works shall have been measured by the Engineer-in-Charge. If the Contractor shall fail to comply with the
requirements of this clause on or before the datefixed for the Physical Completion of work, the Engineer-in-
Charge may at the expense of the Contractor remove such scaffolding, surplus materials and 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.

121
15.1.2 Immediately after Physical Completion of Works, the Contractor shall apply to the labour officer
concerned for issue of clearance certificate against the Contract under intimation to the Engineer-
in-Charge. On receipt of information from the Contractor, the Engineer-in-Charge shall also write to
the labour officer concerned for issue of the clearance certificate. It shall be stipulated in the letter
that the clearance certificate be given within a period of 30 days failing which it shall be presumed
that there is no labour dispute against the Contract.
15.1.3 The Completion Certificate of Works referred to in clause 15.1.1 above shall not absolve the
Contractor from his liability to make good defects, imperfections and shrinkages or faults, which
may appear during the Defects Liability Period as per clause 16.1, arising in the opinion of the
Engineer-in-Charge from materials or workmanship being not in accordance with drawings or
specifications or instructions of the Engineer-in-Charge. These shall be amended and made good by
the Contractor at his own cost. In case of default on the part of the Contractor, to so make good the
defects or deficiencies, the Engineer-in-Charge may employ labour, plant and machinery and
materials or appoint another agency or Contractor, to amend and make good such defects,
imperfections, shrinkages and faults, and all expenses consequent thereto and incidental thereto,
shall be borne by the Contractor and shall be recoverable from any moneys due to the Contractor
under the Contract including the Performance Guarantee and/ or Security deposit amount or from
any moneys payable to the Contractor by the Employer, under any other Contract.

15.2 Completion plans to be submitted by the Contractor

The Contractor shall submit completion plan, as built drawings and O&M (operation and
maintenance) manuals, GIS details as required and as applicable within 30 (thirty) days of the completion of
the work. In case, the Works involves creation of software, the source code and other user manual shall also
be submitted by the Contractor.

In case, the Contractor fails to submit the completion plan as aforesaid, he shall be liable to pay a
minimum sum equivalent to 2.5% of the Contract Price or as may be fixed by the Engineer-in-Charge
concerned and in this respect the decision of the Engineer-in- Charge shall be final and binding on the
Contractor.

15.3 Mobilization advance

16.0 DEFECT LIABILITY AND MAINTENANCE


16.1 Defect Liability Period

(i) The Contractor shall be responsible for all the Defects in the Works or any part thereof, as the case

122
may be, during the execution of the Works and during the defects liability period.

(ii) The Defect Liability Period for the Works shall be [1] year or as defined as per nature of work from
the Completion Date .

(iii) In case commissioning happens within 1 (one) year from the Physical Completion of the Works, the
Defects Liability Period shall start from the commissioning date. However, if the commissioning is
delayed beyond 1 (one) year, the Defects Liability Period shall be [2] years from the dateof Physical
Completion of the Works.
(iv) The Security Deposit, submitted as per clause 6.2, shall be refunded if no defects are noticed during
the Defect Liability Period or the Defects pointed out are removed.

(iv) Contractor shall be responsible for security (watch and ward) of the project assets/ facilities for
the period between Completion Date and commissioning

17.0 LABOUR LAWS


17.1 Recovery of Compensation Paid to Workman
In every case in which by virtue of the provisions sub-section (1) of Section 12, of the Employee’s Compensation
Act, 1923, Employer is obliged to pay compensation to a workman employed by the Contractor, in execution of the
Works, Employer will recover from the Contractor the amount of the compensation so paid; and, without
prejudice to the rights of the Employer under sub-section (2) of Section 12, of the said Act, Employer shall be at
liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due
to the Contractor whether under this Contract or otherwise. Employer shall not be bound to contest any claim
made against it under sub-section (1) Section 12, of the said Act, except on the written request of the Contractor and upon
his giving to Employer full security for all costs forwhich Employer might become liable In consequence of
contesting such claim.

17.2 Ensuring Payment and Amenities to Workers If Contractor Fails

In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act,
1970, and of the Contract labour {Regulation and Abolition) Central Rules, 1971, Employer is obliged to pay any
amounts of 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 17.11 or under the Employer Contractor’s Labour Regulations, or under the Rules framed by Employer
from time to time for the protection of health and sanitary arrangements for workers employed by Employer’s
contractors. Employer 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 Employer under subsection (2) of Section 20,
and sub-section (4) of Section 21, of the Contract Labour Regulation and Abolition) Act, 1970, Employer 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 Employer to the Contractor whetherunder this Contract or otherwise Employer 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 Employer full
security for all costs for which Employer might become liable in contesting such claim.

123
17.3 Labour Laws to Be Complied By the Contractor

The Contractor shall obtain a valid license under the Contract Labour (Regulation and Abolition) 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 and the Child Labour
(Prohibition and Regulation) Rules, 1988
Any failure to fulfill this requirement shall attract the penal provisions of this Contract arising out of
the resultant non-execution of the work.

17.4 Minimum age limit for labour


No labour below the age of 18 years shall be employed on the work.

17.5 Payment of Wages


(i) The Contractor shall pay to labour employed by him either directly or through sub-Contractors,
wages not less than fair wages as defined in the Employer’s contractor’s Labour Regulations 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
labour regulations made by central government from time to time in regard to payment of wages,
wage period, deductions from wages recovery of wages not paid and deductions unauthorized
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
contract Labour (Regulation and Abolition) Central Rules, 1971, wherever applicable.
(iv) 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 a
worker or workers by reason of non-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 Regulations.
(v) Under the provisions of Minimum Wages (Central) Rules 1950, the Contractoris bound to allow to
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 sum or sums not paid on account of wages for weekly holidays to any labours
and pay the same to the persons entitled thereto from any money due to the Contractor by the

124
Engineer-in-Charge concerned. In the case of Union Territory of Delhi, however, as the all inclusive
minimum daily wages fixed under notification of the Delhi Administration No.F.1 2(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 ofextra payment for weekly holiday would not arise.

(vi) 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
Disputes Act, 1947, Maternity Benefit its Act, 1961, Factories Act, 1948 and the Contractor’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.

(vii) The Contractor shall indemnify and keep indemnified Employer against payments to be made under
and for the observance of the laws aforesaid and the Employer Contractor’s Labour Regulations
without prejudice to his right to claim indemnity from his sub-Contractors.

(viii) 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.

(ix) 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 commission or otherwise.

(xi) The Contractor shall ensure that no amount by way of commission or otherwiseis deducted
or recovered by the jamadar from the wage of workmen

17.6 Safety provisions for labour

In respect of all labour directly or indirectly employed in the Works for the performance of the
Contractors part of this Contract, the Contractor shall at his own expense arrange for the safety provisions
as per Employer’s safety Code framed 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 liquidated damages of Rs.200/-for each event of default subject to a
maximum of 5% of Contract Value, and in addition the Engineer-in- Charge shall be at liberty to make
arrangement and provide facilities as aforesaid and recover the costs incurred in that behalf from the
Contractor.

17.7 Submission of monthly record of labour

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

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(i) The number of labourers employed by him on the work,
(ii) Their working hours,
(iii) The wages paid to them,
(iv) The accidents that occurred during the said fortnight showing the circumstances under which they
happened and 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 17.9
and the amount paid to them.

Failing which the Contractor shall be liable to pay to Employer a sum not exceeding Rs.1000/- for
each default or materially incorrect statement. The decision of divisional officer shall be final in deducting
from any bill due to the Contract the amount levied as fine and be binding on the Contractor

17.8 Compliance with health and sanitary arrangements for workers


In respect of all labour directly, or indirectly employed in the Works for the performance or the
Contractor’s part of this Contract, the Contractor shall comply with or cause to be complied with all the rules
framed by Government from time to time for the protection of health and sanitary arrangements for
workers employed by the Employer and its Contractors.
Further, the Contractor is required to follow the Employer’s Safety Code and guidelines published
by National Human Rights Commission (N.H.R.C) attached with the tender.

17.9 Leave and pay for female workers


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 up to and including the day
of delivery and 4 weeks following that day,

(ii) In the case of miscarriage - up to 3 weeks from the date of miscarriage.

2. Pay
i) In the case of delivery - leave pay during maternity leave will be at therate 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.
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 was 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 register of maternity (benefit) and the same shall be kept at the
place of work.
17.10 Noncompliance with labour rules & regulations
17.10.1 In the event of the Contractor committing a default or breach of any of the provisions of the

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Employer, Contractor’s labour Regulations and model rules for the protection of health and 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 Employer a sum as liquidated damages
equal to Rs 200/- for each event of default per day subject to a maximum of 5% of the Contract Value. In the
event of the Contractor defaulting continuously in this respect the liquidated damages may be enhanced to
Rs.2000/- per event for each day of default subject to a maximum of 5 % of the Contract Value. The decision
of the Engineer-in-Charge shall be final and binding on the Contractor.
17.10.2 Should it appear to the Engineer-in-Charge that the Contractor is not properly observing and
complying with the provisions of labour regulations and model Rules and the provisions of the Contract
Labour (Regulation and Abolition) Act 1970, and the Contract Labour ( Regulation and Abolition) Central
Rules 1971, for the protection of health and sanitary arrangements for work-people employed by the
Contractor (hereinafter referred as “the said Rules”) the Engineer-in-Charge shall have power to give notice
in writing to the Contractor requiring that the said Rules be complied with an the amenities prescribed
therein be provided to the work-people within a reasonable time to be specified in the notice. lf the
Contractor 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. The Contractor shall erect,
make and maintain at its own expense and to approved standards all necessary huts and sanitary
arrangements required for its worker on the Site in compliance with the execution of the Works, and if the
same shall not have been erected or constructed,according to approved standards, the Engineer-in-Charge
shall have power to give notice in writing to the Contractor requiring that the said huts and sanitary
arrangement be remodeled and/or reconstructed according to approved standards, and if the Contract
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.
17.11 Labour camps and huts
The Contractor shall at his/her 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. In case adequate space is available, the Contractor shall provide
labour camps at site, the Employer shall not charge anything for the same. If the space available is not
sufficient to house the labour camp, the Contractor shall arrange the land beyond the Site as per his
requirement. The Employer may extend help in getting permissions from the land owning agencies but it
shall be the responsibility of the Contractor for arranging the same at his own cost. No excuse whatsoever
shall be entertained.

i)
a) The minimum height of each hut at 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 member of the worker’s family staying with the labourer.

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b) The Contractor shall in addition construct suitable cooking places having a minimum area of 1.80m x
1.50m (6’x5’) adjacent to the hut for each family.

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

d) . The Contractor 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 sun-dried bricks, the walls should be
plastered with mud gobri on both sides. The floor may be kutcha but plastered with mud gobri and shall at
least 15cm (6”) above the surrounding ground. The roofs shall be laid 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 roofs remain water-tight.
b. The Contractor 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 available of Site with the approval of the Engineer-in-Charge. Back
to back construction will be allowed,

iii) Water Supply: The Contractor shall provide adequate supply of water for the useof labourers.

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

v) Disposal of Excreta: The Contractor shall make necessary arrangements for the disposal of excreta from
the latrines by trenching or Incineration, which shall according to the requirements lay down by the Local
Health Authorities. If trenching or incineration is not allowed the Contractor shall make arrangements for I
removal of the excreta through the Municipal Committee/Employer and inform it about the number of
labourers employed so thatarrangements may be made by such committee/authority for the removal of the
excreta. All charges on this account shall be borne by the Contractor and paid direct by him to the
Municipality/Employer. The Contractor shall provide one sweeper for every eight seats in case of dry
system.

vi) Drainage - The Contractor shall provide efficient arrangements for draining away a sullage water so
as to keep the camp neat and tidy.

vii) The Contractor shall make necessary arrangements for keeping the camp a sufficiently lighted to
avoid accidents to the workers.

viii) Sanitation - The Contractor (s) shall make arrangements for conservancy and sanitation in the
labour camps according to the rules of the Local Public Health and Medical Authorities.

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ix) On completion of the Works the Contractor shall remove hutments failing which the Employer will
dismantle and clear the site at his risk and cost.

17.12 Employment of Controlled Area Labour Not Permissible

17.12.1 The Contractor shall not employ controlled area labour falling under any category whatsoever on or
in connection with the Works or recruit labour from area within a radius of 32 km (20 miles) of the
controlled area. Subject as above the Contractor shall employ imported labour only i.e., deposit imported
labour or labourimported by Contractors from area, from which import is permitted.
17.12.2 Where ceiling price for imported labour has been fixed by State or Regional Labour Committees not
more than that ceiling price shall be paid to the labour by the Contractor.
17.12.3 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 liable
to pay to Employer a sum calculated at the rate of Rs.10/- per day per labourer. The certificate of the
Engineer-in- Charge about the number of controlled area labourer and the number of days for which they
worked shall be final and binding upon all parties to this Contract.
17.12.4 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 explanation in Section 74 of Indian Contract Act,
1872. Explanation: Controlled Area means the following areas:

District of Dhanbad, Hazaribagh, Jamtara – sub Division UnderSanthalParganaCommissionery, Districts of


Bankuara, BirbhumBurdwan District or Bilaspur. Any other area, which may be declared a Controlled Area
by or with the approval of the Central Government.
17.13 Apprentices Act Provisions To Be Complied With
The Contractor shall comply with the provisions of the Apprentices Act, 1961, Apprenticeship Rules, 1992
and other rules and orders issued there under from time to time. If he fails to do so, his failure will be a
breach of the Contract and the Engineer-in-Charge 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.
17.14 Labour disputes
17.14.1 The Contractor shall at all the times during the progress of Works take all requisite precautions and
use his best endeavors for preventing any riotous or unlawful behavior by or among the workers
and other employees at work and shall preserve peace and protection of the inhabitants and the
security of property in the neighborhoodof the Works.

17.14.2 In case of any disputes with labour (skilled or unskilled) and charges are claimed against the
Contractor, the Engineer-in-Charge shall have the full authority to deduct the same from the bill of
the Contractor, so as to enable him to settle the disputes.

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18.0 MISCELLANEOUS CLAUSES
18.1 Dispute Resolution
18.1.1 Amicable Resolution
i) Save where expressly stated to the contrary in this Contract, any dispute, difference or controversy of
whatever nature between the Parties, howsoever arising under, out of or in relation to this Contract (the
“Dispute”) shall in the first instance be attempted to be resolved amicably with the Employer.

ii) In case of failure to amicably resolve the dispute under clause (i) above either Parties may require such
Dispute be referred to a 3‐member body consisting of Chief Secretary of the Government of NCT of Delhi or
his representative, as Chairman, the Chief Executive Officer of the DJB, and a nominee representative of the
Contractor for amicable settlement. Upon such reference, both the Parties shall be required by such three
member body to meet at the earliest mutual convenience and in any event within 15 (fifteen) days of such
reference to discuss and attempt to amicable resolve the Dispute. If the Dispute is not amicably settled
within thirty days of such meeting between the Parties, either Party shall have liberty to take further action
in accordance with the law.

18.2 If Relation Working in Employer then Contractor Not Allowed to Tender


The Contractor shall not be permitted to tender for Works in the Employer zone (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 junior engineer and Chief engineer (both inclusive). He
shall also intimate the names ofpersons who are working with him in any capacity or are subsequently
employed by him and who are near relatives to any gazetted Officer with Employer. Any breach of this
condition by the Contractor would render him liable to be removed from the approved list of Contractors of
this Employer.

NOTE: By the term “near relatives” is meant wife, husband, parents and grandparents, children and
grandchildren, brothers and sisters.

18.3 No Gazetted Engineer to work as Contractor/ Consultant within one year of


retirement/resignation

No engineer of gazette rank or other gazette officer employed in engineering or administrative duties in an
engineering department of the Government of Delhi shall work as a Contractor/ Consultant or employee of a
Contractor/ Consultant for a period of one year after his retirement from government service without the
previouspermission of Employer in writing. This Contact is liable to be cancelled if either the Contractor/
Consultant or any of his employees is found at any time to be such a person who had not obtained the
permission of Government of Delhi as aforesaid, before submission of the tender or engagement in the
Contractor’s/ Consultant’s service, as-the case may be.

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18.4 Corruption or fraudulent practices

18.4.1 Employer defines, for the purposes of this provision, the terms set forth below as follows:

i) "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the
action of a public official in the procurement process or in Contract execution, and

ii) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or
the execution of a contract to the detriment of the Employer, and includes collusive practice among bidders
(prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive them of the benefits of free and open competition;

18.4.2 The Employer will reject a proposal for award if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the Contract.

18.5 Use of Explosives


Subject to the Applicable Laws and the Applicable Permits, the Contractor shall comply with the following

(i) the use of explosives by the Contractor shall be subject to the prior approval/authorization of the
concerned Government Instrumentality;
(ii) the Contractor shall at all times take all such safety measures as may be required for the
importation, handling, transportation, storage and use of explosives and shall, at all times when
engaged in blasting operations, post sufficient warning flagmen to the full satisfaction of the
Engineer-in-Charge.
(iii) the Contractor shall, by a notice in writing, 15 days prior to the blasting operation, notify all parties
including Government Instrumentalities, private parties concerned or affected or likely to be
concerned or affected by blasting operations for their prior approval; and
(iv) The Contractor shall pay all license fees and charges which may be required for storage of
explosives or in respect of any other matter related thereto.

All operations in which or for which explosives are employed shall be at the sole risk and
responsibility of the Contractor and the Contractor shall indemnify the Employer in respect thereof.

Confidentiality and Publicity


The Contractor shall treat the details of the Contract as private and confidential save in so far as may be
necessary for the purpose thereof, and shall not publish or disclose the same or any particulars thereof in any trade or
technical paper or elsewhere without the previous consent in writing of the Employer. Publication of approved
articles, photographs or similar materials shall carry acknowledgement to the Employer and state the name of the
Engineer–in-Charge. If any dispute arises as to the necessity of any publication or disclosure for the purpose of
the Contract the same shall be referred fordecision to the Employer, whose decision shall be final. Any
advertising mentioning the subject of this Contract must be approved by the Employer prior to publication.

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Individuals not personally Liable
No member or officer of the Employer nor the representative of Engineer-in-Charge nor any one of
the respective staffs or the employees of the Employer shall be in any way personally liable for the acts or
obligations of the Employer under the Contract or answerable for any default or omission of the Employer in
the observance orperformance of any of the acts, matters or things which are herein contained.

Limitation of Liability
Neither Parties shall be liable to the other Parties for loss of profit, loss of any Contract or for any
indirect or consequential loss or damage which may be suffered by the other Parties in connection with the
Contract, other than under clause 3.7 (Indemnity by Contractor) and Section 11 (Termination of Contract)

18.8.2 The total Liability of the Contractor to the Employer, under or in connection with the Contract, other
than under clause 3.7 (Indemnity by Contractor), Clause 3.13 (Responsibility of damage to property
and injury to persons) clause 3.15 (Electricity for construction of Works) and 3.16 (Supply of water)
shall not exceed the Contract Price
18.8.3 This clause shall not limit liability in any case of fraud, deliberate default or recklessmisconduct by
the defaulting Parties. Further, this clause shall not limit any criminal action that may follow from
any action.
18.9 Waiver and Consents Clause
Waiver by either Party of any default by other Party in the observance and performance of any
provision of or obligations of or under this Contract
(i) shall not operate or be construed as a waiver of any other or subsequent default hereof or of other
provisions of or obligations under this Contract;
(ii) shall not be effective unless it is in writing and executed by a duly authorized representative of the
Party; and
(iii) shall not affect the validity or enforceability of this Contract in any manner.
18.9.2 Neither the failure by either Party to insist on any occasion upon the performance of the terms,
conditions and provisions of this Contract or any obligation there under nor time or other
indulgence granted by a Party to the other Party shall be treated or deemed as waiver of such
breach or acceptance of any variation or the relinquishment of any such right hereunder.

18.9.3 Any such waiver or consent may be given subject to any conditions thought fit by the Party giving it
and shall be effective only in the instance and for the purpose for which it is given

SECTION – VI: SPECIAL CONDITIONS OF CONTRACT (SCC)

NOTE: Special condition of contract shall prevail without any prejudice to the General Conditions
of contract.
1 Scope of work may involve diversion of traffic, cartage, transportation, rehandling of pipes /

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specials for drain & inter connections work using mechanical equipment’s like Hydra etc. for
placing pipe/ specials in position during work in addition to use of JCB for time bound excavation.
Some of the work shall be executed during night when flow of traffic will be less. The payment shall
be restricted to the applicable provision in the Bill of Quantity.
2. Clause 10.2 : (Deleted)
3. Clause 15.3 Deleted

4. Clause 16.1 The Defect Liability Period for the Works shall be [1] year from the Completion Date.

5. Clause 14.1 Deleted

6. The contractor shall pursue road cutting permission from the concerned road owning
agency. RR Charges will be paid by DJB. However, contractor may also deposit the same in shape of
DD or Pay order to expedite the work which will be reimbursed by DJB in next running bill
submitted by the Contractor. In such case, estimate for RR charges shall be duly scrutinized and
accepted by the department, prior to release of payment to the concerned agency. For the purpose
of reimbursement of RR charges by DJB, contractor shall submit necessary proof/vouchers in
original regarding the deposit of the amount. The Contractor through his own resources shall
pursue and obtain permissions from traffic police for plying of trucks and cranes etc. on roads
where movement of vehicles is not permitted during peak hours. No excuse for delay in completion
of work at any stage due to above shall be entertained. However the DJB will assist the contractor in
getting the permission by issuing recommendatory letters. If in the alignment it is necessary to
remove Jhuggies / unauthorized construction, the Contractor shall pursue with the concerned
authority for their removal so as to facilitate laying of the pipeline. Necessary payment made by the
Contractor to the concerned department for this purpose shall be reimbursed by the Employer.

7. The contractor shall have to execute the work in some of the narrow lanes where restricted
working space is available. Nothing extra shall be paid whatsoever on this account and if any
damage to the existing structures occurs during execution of work, the responsibility of the same
will be of the contractor.
8. In case the defects noticed are beyond the acceptable Limit, the contractor shall have to demolish /
dismantle and rectify the same as per instructions of Engineer-in-charge.

9. Challans/ bills for the DWC pipes purchased for the Works to be submit with each running bill.

10. The contractor may have to re-survey the whole area to design the hydraulics. The scheme shall be
re-designed and submitted to DJB for approval if felt necessary by the Engineer-in-charge. Nothing
extra shall be paid to the contractor on this account.

11. Safety and security of pipes/material supplied


Safety and security of any pipe/material supplied by the contractor shall be responsibility of the
contractor. In case of any theft/damages/mis-happening, DJB shall recover the cost from
contractor’s bill

12. Tendering procedure

The Bidder shall be deemed to have read and examined the Tender Documents before quoting the
rates of all items in the Bill of Quantities and the schedule of Rates. The drawing(s), Specifications,
Clauses and Conditions, etc. are to be considered as explanatory of each other and no advantage

133
shall be taken of any omission in Tender Documents.

SECTION – VII
PROFORMA OF BANK GUARANTEE FOR PERFORMANCE GUARANTEE

Ref: Bank Guarantee No………… …… Date……………

134
To:
The Office of the Executive Engineer (C) DR - XIV
Delhi Jal Board,
JalSadan, Lajpat Nagar
Delhi -110024
Tele No. – 011 - 29819163

Dear Sir,

1. In consideration of Delhi Jal Board (Govt. of NCT of Delhi), having its Registered Office at Varunalya
Phase-II, Karol Bagh, New Delhi - 110005 (hereinafter referred to as the “Company” which
expression shall unless repugnant to the context or meaning thereof, include all its successors,
administrators, executors) and having entered into a contract dated ……………. (hereinafter called
the “Contract” which expression shall include all the amendments thereto) with
M/s………………………………… ……… …having its Head/Registered Office at……………………… ………
………(hereinafter referred to as the “Contractor” (which expression unless repugnant to the context
or meaning thereof, shall include all its successors, administrators, executors and assigns) and the
contract having been unequivocally accepted by the Contractor resulting in a contract bearing
……………….dated…… …………. Valued at for …………… ……… ……… (scope of work) ………… ……….. and
the Company having agreed that the Contractor shall furnish to the Company a performance
guarantee for the faithful performance of the entire contract to the extent of 5% (five percent) of
the contract price, i.e. Rs…………… … (in word) we………… …….. (bank )……………… …….. having its
Registered Office at…………….. ……………… ……… ……… …..(hereinafter referred to as the “Bank”which
expression shall unless repugnant to the context or meaning thereof, includeall its successors,
administrators, executors and assigns) do hereby guarantee andundertake to pay on demand to the
Company any money or all moneys to theextent of Rs…………. ……. (Rupees ……………… ………… ………
……… …) inaggregate at any time without any demur, reservation, recourse, contest or
protestand/or without any reference to the Contractor. Any such demand made, by the Companyon
the Bank shall be conclusive and binding notwithstanding any difference between the Company and
the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority.
We agree that Guarantee herein contained shall be irrevocable and shall continue to be enforceable
till it is discharged by the Company in writing.

2. The Company shall have the fullest liberty, without affecting in any way the liability of the Bank under this
Guarantee from time to time, to extend the time for performance of the contract by the Contractor, or vary the
terms of the Contract. The Company shall have the fullest liberty without affecting this Guarantee to
postpone, from time to time, the exercise of power vested in them or of any right which they might
have against the Contractor and to exercise the same at any time in any manner and either to
enforce, orto forbear from enforce, any covenants contained or implied in the contract between
theCompany and the Contractor or any other course or remedy or security available to the
Company. The Bank shall not be released of its obligations under these presents by any exercise by
the Company of its liberty with reference to matters aforesaid or any of them or by reason of any
other act or forbearance of other act or forbearance of other acts of Company or any other

135
indulgence shown by the Company or by any other matter or thing whatsoever, which under law
would, but for this provision, have the effect of relieving the Bank.
3. The Bank also agrees that the Company at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance, without proceeding against the
Contractor and notwithstanding any security or other guarantee that Company may have in relation
to the Contractor’s liabilities.
4. The Bank further agrees that the guarantee herein contained shall remain in full force during the
period that is taken for the performance of the contract and it shall continue to be enforceable till all
the dues of the Company under or by virtue of this contract have been fully paid and claim satisfied
or discharged or till the Company discharges the Guarantee in writing.
5. We further agree that as between us and Company for the purpose of this Guarantee any notice
given to us by the Company and any amount claimed in such notice by the Company that the money
is payable by the Contractor and any amount claimed in such notice by the company shall be
conclusive and binding on us notwithstanding any difference between the Company and the
Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We
further agree that this Guarantee shall not be affected by any change in our Constitution or that of
the Contractor or in the Constitution of the Company. We also undertake not to revoke this
Guarantee during its currency or till the Company discharges the Guarantee in writing.

Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to Rs.
………………(Rupees………… ……… ……… ……… ……… ………..) in aggregate and it shall remain in
full force upto and including 60 (sixty) days after ……………… ….. unless extended further, from time to time,
for such period as may be instructed in writing by the Contractor on whose behalf this Guarantee has been
given, in which case it shall remain in full force upto and including 60 (sixty) days after extended date. Any
claim under this Guarantee must be received by us before the expiry of the 60 (sixty) days from ………………
………. or before the expiry of the 60 (sixty) days from the extended date. If no such claim has been received
by us within the 60 (sixty) days after the said date/extended date, the Company’s right under this guarantee
will cease. However, if such a claim has been received by us within and upto 60 (sixty) days after the said
date/extended date, all the Company’s rights under this Guarantee shall be valid and shall not cease until we
have satisfied that claim Dated this ……………… …. Day of ………… ………200….

Yours faithfully,
Signature
Name and designation

Name of the branch


Attorney as per power of Attorney No……………… … ……Dated:…………….
****************************

Note: This Guarantee/Undertaking is required to be stamped as an agreement according to the stamp duty
prescribed either in New Delhi

Affidavit/ Indemnity (post Completion Date)

Name of the Work

136
W.O. no._ Dt._ against C.A
Division-

We M/s a company established as proprietorship/ partnership/ private limited do hereby solemnly affirm
and declare that the contents given below from S. No. I to VI are correct and nothing has been concealed.
I. That the above supply/ work order was awarded to us through ………… ……… ……. (Tender/ without
call of tender/ sealed quotation/ spot quotation/ repeat order/ any other mode) on the basis
of…………… ……… ……… ….(registered contractor/ manufacturer/ sole distributor dealer/ authorized
dealer/ petty contractor)
II. That there is no abnormality in the rate quoted/ offered for award of this work.
III. That the purchase of entire quantity of materials supplied/ utilized during execution of work has
been done from the …………… ……….(Manufacturer/ authorized dealer/ open market/local
fabricator) as a ……………… …… ………… …..(Contractor/ manufacturer/ sole distributor or dealer/
authorized dealer/ petty contractor) which meetsthe department’s specifications in all respect.
IV. That the purchase vouchers submitted along with our bill are genuine.
V. That we have paid all taxes, duties claimed to the appropriate authorities as per norms.
VI. That we executed the work/ Supply order strictly as per specifications of work/ Supply order issued
to us.
Any evidence which proves false declaration at any stage, our firm shall be liable for suitable action
as per government laws and rules/ regulations.

1.0 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 (¼ horizontal and 1
vertical.)

2.0 Scaffolding of staging more than 3.6 m (12ft.) above the ground or floor, swung or suspended from
an overhead support or erected with stationary support shall have a guard rail properly attached or
bolted, braced and otherwise secured 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 from the building or structure.

3.0 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
3.6 m (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.

4.0 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.)

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5.0 Safe means of access shall be provided to all working platforms and other working places. Every
ladder shall be securely fixed. No portable single ladder shall be over 9m. (30 ft.) n length while the
width between side rails in rung ladder shall in no case be less than 29 cm. (1 11/2”) for ladder up
to and including 3 m. (10 ft.) in length. For longer ladders this width should be increased at least
1/4” for each additional 30 cm. (1 foot) of length.Uniform step spacing of not more than 30 cm shall
be kept. Adequate precautions shall be taken to prevent 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 contractor shall provide all necessary fencing and
lights 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 injury
sustained owing to neglect of the above recautions and to pay any damages and cost which may be
awarded in any such suit, action or proceedings to any such person or hich may, with the consent of
the contractor, be paid to compensate any claim by any such person.

6.0 Excavation and Trenching - All trenches 1.2 m. (4ft.) or more in depth, shall at all times be supplied
with at least one ladder for each 30 m. (100 ft.) in length or fraction thereof Ladder shall extend
from bottom of the trench to at least 90 cm. (3ft.) above the surface of the ground. The sides of the
trenches which are 1.5 m. (5ft.) or more in depth shall be stepped back to give suitable slope or
securely held by timber bracing, so as to avoid the danger of sides collapsing. The excavated
materials shall not be placed within 1.5 m. (5ft) of the edges of the trench or half of the depth of. the
trench whichever is more. Cutting shall be done from top to bottom. Under no circumstances
undermining or undercutting shall be done.

7.0 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 be a source of danger ore cable or apparatus 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 overloaded with debris
or materials as to render it unsafe
8.0 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 on mixing asphalt materials, cement and lime mortars shall be provided with
protective footwear and protective goggles.
ii) Those engaged in white washing and mixing or stacking of cement bags or any material 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) Stone breaker 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

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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 of the JE or any other
higher officer.

b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to 3 hours
before any man is allowed to enter into the manhole for working inside.

c) Before entry presence of Toxic gases should be tested by inserting wet lead acetate paper which
changes colour in the presence of such gases and gives indication of their presence.

d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In case, no
Oxygen is 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) The area should be barricaded or cordoned off 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 be
immediately removed to avoid accidents on account ofslippery nature of the malba.

i) Workers should not be allowed to work inside the manhole continuously. He should be given rest
intermittently. The Engineer-in-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 at site for use in emergency.
k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called for portable
air blowers are recommended for ventilating the manholes. The Motors for these shall be vapour
proof and of totally enclosed type. Non sparking gas engines also could be used but they should be
placed at least 2 meters away from 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 be properly trained before allowing
working in the manhole

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m) The workers shall be provided with Gumboots or non-sparking shoes bump helmets and gloves non
sparking tools safety lights and gas masks and portable air blowers (when necessary). They must be
supplied with barrier cream for anointing the limbs before working inside the sewer lines.

n) Workmen descending a manhole shall try each ladder stop or rung careful before putting his full
weight on it to guard against insecure fastening due to corrosion of the rung fixed to manhole well.

o) If a man has received a physical injury, he should be brought out of the sewer immediately and
adequate medical aid should be provided to him.

p) The extents to which these precautions are to be taken depend on individual situation but the
decision of the Engineer-in-Charge regarding the steps to be taken in this regard in an individual
case will be final

6. The Contractor shall not employ men and women below the age of 18 years on the work of painting
with products containing lead in any form. Wherever men 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 readymade 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 and adequate facilities shall be
provided to enable the working painters to wash during and on the cessation of work.

9.0 Contractor shall not employ women and men below the age of 18 on the work of painting with
product containing lead in any form. Wherever men above the age of 18 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 from the application
of paint in the form of spray.
iii) Measures 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 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 DJB

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viii) DJB may require, when necessary medical examination of workers.
ix) Instructions with regard to special hygienic precautions to be taken in the painting

10.0 When the work is done near any place where there is risk of drowning, all necessary equipments
should be provided and kept ready for use and all necessary steps taken for prompt rescue of any
person In danger and adequate provision, should bemade for prompt first aid treatment of all
injuries likely to be obtained during the courseof the work.
11.0 Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following standards or conditions

I. These shall be of good mechanical construction, sound materials and adequatestrength and free
from patent defects and shall be kept repaired and in good working order.

II. Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and
adequate strength, and free from patent detects.

III. Every crane driver or hoisting appliance operator shall be properly qualified and no person under the age of
21 years should be in charge of any hoistingmachine including any scaffolding winch or give signals
to operator.

IV. In case of every hoisting machine and of every chain ring hook, shackle swivel andpulley block used
in hoisting or as means of suspension the safe working load shall be ascertained by adequate means.
Every hoisting machine and all pears referred to above shall be plainly marked with the safe
working load. In case of a hoisting machine having a variable safe working load each safe working
load and the condition under which It Is applicable shall be clearly indicated. No part of any
machine or any gear referred to above in this paragraph shall be loaded beyond the safe working
load except for the purpose of testing.

V. In case of departmental machines, the safe working load shall be notified by the Electrical Engineer-
in-charge. As regards contractors machines the contractors shall notify the safe working load of the
machine to the Engineer-in-charge whenever he brings any machinery to site of work and get it
verified by the Electrical Engineer concerned.

12.0 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 areemployed on electrical installations, which are already energized, Insulating mats,
wearing apparel, such as. gloves, sleeves and boots as may be necessary should be provided. The worker
should not wear any rings, watches and carry keys or other materials, which are good conductors of
electricity.

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13.0 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 removed while it is in use.
Adequate washing facilities should be provided at or near places of work.

14.0 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.

15.0 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 Officer or Engineer-
in-Charge of the department or their representatives.

16.0 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

Safety Guidelines as per DJB circular dated 12.06.09

Following guideline /instructions should be adhered to in true spirit:-

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1. The door may be fixed at the entry of the stair case and the open portion of the stair case of sump well should be
protected by grill up to the height of 7 feet and compartments of the sump well should be covered with
jallis/grating or should be barricaded property. Sewage pumping station should be secured by
providing and fixing barbed wire fencing over the boundary wall.
2. An inspection register should be placed at the sewage pump house in which all the inspecting
officers may record their observations. No unauthorized entry should be allowed.
3. Caution board showing the restricted entry area and name of components and moving mechanical
part should be displayed.
4. The entry to all DJB infrastructures should be restricted to the person /persons authorized by DJB or having
I.D cards issued by the chief security officer.
5. Just after entering the premises do’s and don’ts should be displayed at prominent places in all four languages.
6. Even authorized visitors should be provided proper uniform /visitor badges helmet and relevant
safety gear and given instruction before showing such infrastructure.
7. No person below 18 years age should be allowed on the premises where chances of emission of
toxic gases are extensive.

NHRC Guidelines

NHRC issued guidelines on safety code for operation/maintenance of sewerage system vide letter
No.1069/30/2001-2002/F.C. dated 18.11.02. Same shall form part of agreement and has to be strictly

143
followed during execution of work. Direction given by Hon’ble Supreme Court in the matter of National
Campaign for Dignity & Right of Sewerage & Allied workers.

1. The medical examination and medical treatment will be given free of charge to sewer workers and the
treatment will continue for all such workers found to be suffering from an occupational disease, ailment or
accident until the workman is cured or until death.

2. The services of the sewer workers are not to be terminated, either by the respondents or the contractors
engaged by them during the period of illness and they shall be treated as if on duty and will be paid their
wages.

3. The respondents shall pay on the death of any worker including any contract worker, an immediate
ex-gratia solatium of One lakh with liberty to recover the same from contractors, if permissible in
law.

4. The respondents shall pay/insure payment of all statutory dues such as Provident Fund, Gratuity
and Bonus to all the sewer workers including contract workers, as applicable in law.

5. The respondents shall provide as soon as possible modern protective equipment’s to all the sewer workers in
consultation with the petitioner organization.

6. The respondents shall provide soap and oil to all the workmen according to the present quota but
on monthly basis and not at the end of the year.

7. The respondents shall provide all workmen including contract workmen with an accident-card-cum-
wage-slip as set out in clause 8 of the CPWD/PWD(DA)/Delhi JalBoard Contractors Labour
Regulations (for short “Labour Regulations”).

8. The respondents shall authenticate by signing the payment of wages register for contract workers
in terms of clause 5 of the Labour Regulations.

9. The Delhi Jal Board is directed to ensure that the ex-gratia payment in case ofdeaths of sewer
workers has been paid to the families of deceased workmen andin case such compensation is not
paid, release the same within a period of eight weeks

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MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY
ARRANGEMENTS FOR WORKERS EMPLOYED BY CPWD / DELHI JAL BOARD OR
ITS CONTRATORS

4.1 APPLICATION

These rules shall apply to all buildings and construction works in charge of C.P.W.D./Delhi Jal Board in
which twenty or more workers are ordinarily employedor are proposed to be employed in any day
during the period during which the contract work is in progress.

4.2 FIRST-AID FACILITIES


i) 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 exceed 50 - Each first-aid box
shall contain the following equipments
:-

1. 6 small sterilised dressings.


2. medium size sterilised dressings.
3. Large size sterilised dressings.
4. 3 large sterilised bum dressings.
5. 1 (30 ml.) bottle containing a two per cant alcoholic solution iodine.
6. 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the
label.
7. 1 snakebite lancet.
8. 1 (30 gms.) bottle of potassium permanganate crystals.
9. 1 pair scissors.
10. 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour
Institutes, Government of India.
11. 1 bottle containing 100 tablets (each of 5 gms.) of aspirin.
12. Ointment for bums.
13. A bottle of suitable surgical antiseptic solution.

b) For Work places in which the number of contract labour exceeds 50 - Each first-aid box shall
contain the following equipments
1. 12 small sterilised dressings.
2. 6 medium size sterilised dressings.
3. 6 large size sterilised dressings.
4. 6 large size sterilised bum dressings.
5. 6 (ISgms.) packets sterilised cotton wool.
6. 1 (60 ml) bottle containing two percent alcoholic solution iodine.
7. 1 (60 ml) bottle containing salvolatile having the dose and mode of administration indicated on the
label.
8. 1 roll of adhesive plaster.

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9. 1 snake bite lancet.
10. 1(30 gms.) bottle of potassium permanganate cryMtatts.
11. 1 pair scissors.
12. 1 copy of the first-aid leaflet Issued by the Director General Factory Advice Service and Labour
Institutes / Government India.
13. A bottle containing 100 tablets (each of 5 gms.) of aspirin.
14. Ointment for bums.
15. 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 trained 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 hospital facilities
are not available within easy distance from the works. First-aid posts shall be established and run
by a trained. The compounder shall be on duty and shall be available at all hours when the workers
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 or person suddenly taken ill to the nearest
hospital.

4.3 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 than 50 feet from any latrine drain or other
source of pollution. Where water has 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 welts shall be entirely closed m 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 doneat least once a month
4.4 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.

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4.5 LATRINES AND URINALS
1. 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 every25 females.
b) Where males are employed, there shall be at least one latrine for every 25 males.

2. Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one
latrine for 25 males or females as the case may be upto the first 100, and one for every 50 thereafter.

3. Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper
door and fastenings.

4. Construction of latrines: The inside walls shall be constructed of masonry or some suitable heat-
resisting nonabsorbent materials and shall be cement cashed inside and outside/at least once a year.
Latrines shall not be of a standard lower than borehole system.

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 Only” 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.

5. 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 be sufficient if 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 maintained in a clean and sanitary
Condition at all times.

b) Latrines and urinals other than those connected with a flush sewage system shall comply with the
requirements of the Public Health Authorities

vii) Water shall be provided by means of tap or otherwise so as to be conveniently accessible in or near
the latrines and urinals.

viii) Disposal of excreta :- Unless otherwise arranged for by the local sanitary authority, 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 disposed of by putting a layer of night soil at the bottom of a
pucca tank prepared 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 manure).

147
ix.) The contractor shall at his own expense, carry out all instructions issued to him by the Engineer-in-
Charge to effect 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 charts
which may be levied by Municipal or Cantonment Authority forexecution of such on his behalf.

4.6 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 than 3
metres (10 ft.) from the floor level to the lowest part of the roof. These shaft be kept clean and the space
provided sKattbe on the basis of 0.6 sq.m. (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.

4.7 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 the 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 v19H (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 does not exceed 50 and two when the number of women workers exceeds 50.

v. The use of the rooms earmarked as crèches shall be restricted to children, their attendants and mothers
of the children.

4.8 CANTEENS

I. In every work place where the work regarding the employment of contract 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 maintain6cl by the contractor in an efficient manner.

III. The canteen shaft consists of at least a dining hall, kitchen, storeroom, pantry and washing places
separately for workers and utensils.

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IV. The canteen shall be sufficiently lighted at all times when any person hasaccess 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 tile kitchen shall be
Semi-washed every four months.

VI. The premises of th6 canteen shall be maintained in a clean and solitary 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 had 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 counter and 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 9.
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, chair or benches shall be available for the number of diners to be
commondated as prescribed In sub-Rule 9
(xiii)
a)
1. There shall be provided and maintained sufficient utensils crockery, furniture and any other
equipment necessary for the efficient running of the canteen.
2. The furniture utensils and offer 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 stuffs and other items 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.

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xvi) In arriving at the price of foodstuffs, and other article served in the canteen, the following items
shall not be taken into consideration as expenditure namely :-

a) The rent of land and building.


b) The depreciation and maintenance charges for the building and equipments provided for the
canteen.
c) The cost of purchase, repairs and maintenance of equipments including furniture, crockery, cutlery
and utensils.
d) The water charges and other charges incurred for lighting and ventilation.
e) The interest and amounts spent on the provision and maintenance of equipments provided for the
canteen.
xvii) The accounts pertaining to the canteen shall be audited once every 12 months by registered
accountants and auditors.

4.9 ANTI-MALARIAL PRECAUTIONS

The contractor shall at his own expense, conform to all anti-malarial instructions given to him by the
Engineer-in-Charge including the Ming up of any borrow pits which may have been dug by him.

The above rules shall be incorporated in the contracts and in notices inviting tenders and shall from an
integral part of the contracts. 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.

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C.P.W.D. CONTRACTOR’S LABOUR REGULATIONS

5.1 SHORT TITLE

These regulations may be called the C.P.W.D./PWD (DA) / Delhi Jal Boards Contractors Labour Regulations.
5.2 DEFINITIONS

Workman means any person employed by/C.P.W.D/PWD (DA) / Delhi Jal Boards or its contractor
directly or indirectly through a subcontractor with or without the knowledge of the Central Public
Works Department/PWD (DA) / Delhi Jal Boards to do any skilled, semiskilled or unskilled manual,
supervisory, technical or clerical work for hire or reward, 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
mansoon or exercises either by thenature of the duties attached to the office or by reason of power’s
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 bemade up cleaned, washed, altered, ornamental finished,
repaired adopted or otherwise processed for sale for the purpose of die trade or business of the
principal employers 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 principal
employer. No person below the age of 14 years shall be employed to act as a workmen.

Fair Wages means wages whether for time or piece work fixed and notified under the provisions of the
Minimum Wages Act from time to time.

Contractors shall include every person who undertakes to produce a given result other than a mere supply
of goods or articles of manufacture through contract labour or who supplies contract labour for any work
and includes a subcontractor.

Wages shall have the same meaning as defined in the Payment of Wages Act.

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 orfor more than 48 hours
in any week he shall be paid overtime 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 from time to time irrespective
of whether such worker is governed by the Minimum Wages Act or not.

151
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 worker 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 snail 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.

5.4 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 languages spoken by the majority of the workers giving the
minimum rates of wages fixed under Minimum Wages Act, the actual wages being paid, the hours of work
for which such wage are earned, wages periods, dates of payments of wages and other relevant information
as per Appendix III’

5.5 PAYMENT 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 by a contractor
where less than one thousand such persons are employed shall be paid before the expiry of seventh
day and in other cases before tie 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 from the date on which his
employment isterminated.

V. All payment 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 in this
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 the place of work and a copy sent by the contractor to the Engineer-in-Charge under
acknowledgment.

152
X. It shall be the duty of the contractor to ensure the disbursement of wagesin the presence of the
Junior Engineer or any other authorized representative to the Engineer-in-Charge who will be
required to be present at the place and time to disbursement of wages by the contractorto
workmen.

XI. The contractor shall obtain from the Junior Engineer or any other authorised representative of the
Engineer-in-Charge as the case may be, a certificate under his signature at the end of the entries in
the ‘Register of Wages” or the “Wage-cum-Moster Roll” as the case may be in the following form :-

‘Certified that the amount shown in column No..................... has been paid to the workman concerned in my
presence on .................. at.................. “

5.6FINES 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 except the following :-

(a) Fines

(b) Deductions for absence from duty i.e. from 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 hewas absent

(c) Deduction for damage to or loss of goods expressly entrusted to the employed person for custody,
or for loss of money or any other deduction which he is required to account, where such damage or
loss Js directly attributable to his neglect 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 which the Central Government may from timeto time allow.

(ii) No fines should be 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 and no deduction for damage or loss shall be made from 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 any one 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 days from the date on which itwas 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.

153
5.7 LABOUR RECORDS
i) The contractor shall maintain a Register of persons employed on work on contract in Form XIII of
the CL (R&A) Central Rules 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 XIVI of the CL (R&A) Rules 1971 (Appendix V).

iii) The contractor shall maintain a Wage Register in respect of all work men employed by him on the
work under contract in Form XIVII of the CL (R&A) Rules 1971 (Appendix VI)
iv) Register of accident - The contractor shall maintain a register of accidents in such form as may be
convenient at die work place but the same shall include the following particulars :
a) Pull 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 Medical Officer. .
k) Claim required to be paid under Workmen’s Condensation 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 the Form XII of the CL (R&A) Rules 1971
(Appendix-XI)

The contractor shall display in a good condition and in a conspicuous place of work the approved
list of acts and omissions for which fines can be imposed (Appendix-X)

vi) The contractor shall maintain a Register of deductions for damage or loss in Form XX of the CL
(R&A) Rules 1971 (Appendix-XII)

vii) The contractor shall maintain a Register of Advance in Form XXIU 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).

5.8 ATTENDANCE CARD-CUM-WAGE SLIP

i) The contractor shall issue an Attendance card-cum-wage slip to each workman employed by him in
the specimen format (Appendix-VII)

ii) The card shall be valid for each wage period.

iii) The contractor shall mark the attendance of each workman on the card twice each day, once at the
commencement of the day and again after the rest interval, before he actually starts work

154
iv) The card shall remain n possession of the worker during the wage period under reference. The
contractor complete the wage slip portion on the reverse of the card at least a day prior the
disbursement of wages in respect of the wage period under reference.

v) The contractor shall obtain the stature or thumb impression of the worker on the wage slip at the
time of disbursement of wages and retain the card with himself

5.9 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 theworker (Appendix-VIll).

5.10 SERVICE CERTIFICATE

On termination of employment for any reason whatsoever the contractor shall issue to the
workman whose services have been terminated, a Service certificate in Form XIV of the CL (R&A) Central
Rules 1971 (Appendix-IX)

5.11 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 from the date of last entries made in them and shall be made available for inspection
by the Engineer-in-Charge or Labour Officer or any other officers authorized by the Ministry of Urban
Development t) Ms behalf

5.12 POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS OR ENQUIRY

The Labor Officer or any person authorized by Central Government on their behalf shall have power
to make enquires with a view to ascertaining and enforcing due and proper observance 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.

5.13 REPORT OF LABOUR OFFICER

The Labor 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 contractor’s bill be made and the wages 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 wilt be made by the Executive Engineer after the
Superintending Engineer has given his decision on such appeal

i) The Executive Engineer shall arrange payments to the labor concerned within 45 days from the
receipt of the report from the Labor Officer or the Superintending Engineer as the case may be

155
5.14 APPEAL AGAINST THE DECISION OF LABOUR OFFICER

Any person aggrieved by the decision and recommendations of the Labor Officer or other person so
authorized may appeal against such decision to the Superintending Engineer concerned within 30 days
from the date of 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

5.15 PROHIBITION REGARDING REPRESENTATION THROUGH LAWYER

A workman shall be entitled to be represented in any investigation orenquiry 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 officer 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 referred to in clause (a)
is affiliated.
c) Where the employers is not a member of any association of employers, by an officer of association
of employer connected with the industry in which the employer 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 investigation or enquiry
under these regulations.

5.16 INSPECTION OF BOOKS AND SLIPS


The contractor shall allow inspection of alt the preserved 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.

5.17 SUBMISSIONS OF RETURNS

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

156
5.18 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 decision of the
Superintending Engineer concerned shall be final.

157
SECTION –VIII (BID FORM)
Contract No.:
.......................

Bidders are not required to fill up all blank spaces in this Bid Form and furnish this letter in
their company letter head duly signed by the authorized person, and only scanned copy of the
same is to be submitted with technical proposal as a bid document.

The Office of the Executive Engineer (C) DR - XIV


Delhi Jal Board,
SPS Najafgarh,
New Delhi – 110043.

Dear Sir,

Sub:-P/L Sewer Line in Bijwasan West.

Having visited the site and examined the Bid Documents, Drawings, Conditions of Contract, Specifications,
Schedules, Preamble to and the Pricing Schedules etc. including Addenda/Amendments to the above, for the
execution of the above Contract, we the undersigned offer to procure engineered items, construct, complete,
commission, operate and maintain the whole of the said Works for fifteen years after one year of defect
liability period as given in Conditions of Contract and in conformity with the said Drawings, Special
Conditions of Contract, Specifications, Preamble to and the Pricing Schedules, Schedules, Bidding
Documents, including Addenda Nos. ………… .. (Insert numbers).

we agree to execute the project within the available land area, as specified in the scope of the work.

1. Further, we agree that


a) if we fail to provide required facilities to the Engineer-in-Charge’s Representative for carrying out
the inspection and testing of materials and workmanship.
Or
b) if we incorporate into the works, materials before they are tested and approved by the Engineer’s
Representative.
Or
c) if we fail to provide required facilities according to the conditions/stipulations of the contract, the
Engineer-in-charge will be at liberty to take any action as per the Conditions of the Contract.

2. We undertake, if our Bid is accepted to complete and deliver the Works including complete testing
of all facilities in accordance with the Contract within 24 months, inclusive of monsoons, from the
commencement date.

3. We agree to abide by this Bid for a period of 180 days from the latest date of submission of the Bids
and it shall remain binding upon us and may be accepted at any time before the expiry of that
period.

4. In the event of our Bid being accepted, we agree to enter into a formal Contract Agreement with you
incorporating the conditions of Contract hereto annexed but until
5. such agreement is prepared, this Bid together with your written acceptance thereof shall constitute
a binding Contract between us.

158
6. We agree, if our Bid is accepted, to furnish Performance Security in the forms and of value specified
in the Conditions of Contract for due performance of the contract.

7. We have independently considered the amounts of liquidated damages as specified in conditions of


contract and agree that they represent a fair estimate of the damages likely to be suffered by you in
event of the Work not being completed by us in time and for not meeting the performance
standards during the operation & maintenance period.

We understand that DJB is not bound to accept the lowest or any Bid you mayreceive.

Dated this ……………. Day of …………….. 201 .

Company Seal Signature of the Bidder

159
Section – IX

DRAWING

160
Annexure (ii)

161
162
163
164
165
166
167
168
SECTION X:- BILL OF QUANTITY
PRESS NIT NO.01(2018-19) Item No.02

Name of Work:-P/L Sewer Line in Bijwasan West.

Item Reference Item Description Quantity Rate (Rs. Unit Amount


No. Per Unit) (Rs.)
1.a 15.02.1 Demolishing cement concrete manually/ by 2620.26 997.05 Cum 2612530.23
p-253 mechanical means including disposal of
material within 50 metres lead as per direction
of Engineer - in - charge.
1:3:6 or richer mix
1.b P.R.-16 Dismentling of flexible pavement(bituminous 1896.89 204.50 Cum 387914.01
courses)by mechanical means and disposal of
dismentled material upto a lead of 1km,as per
direction of Engineer- in- charge
2 15.7.4 Demolishingdry brick pitching manually/ by 237.75 842.75 Cum 200363.81
p-253 mechanical means including stacking of
serviceable material and disposal of
unserviceable material within 50 meters lead as
per direction of Engineer-in-charge.
In cement mortar
3 15.3 p- Demolishing R.C.C. work manually /by 50.00 1454.55 Cum 72727.50
253 mechanical means including stacking of steel
bars and disposal of unserviceable material
within 50 meter lead as per direction of
Engineer- in- charge.
4 15.45p- Dismantling of pipe including excavation and 200.00 183.05 Mtr. 36610.00
253 refilling trenches after taking out the pipe,
manually/ by mechanical means including
stacking of pipes within 50 meters lead as per
direction of Engineer in charge
5 2.6.1 p- Earth work in excavation by mechanical means 14937.14 125.95 Cum 1881332.78
76 (Hydraulic excavator) / manual means over
areas (exceeding 30cm in depth. 1.5m in width
as well as 10 sqm on plan) including disposal of
excavated earth, lead upto 50m and lift upto
1.5m, disposed earth to be leveled and neatly
dressed.
All kinds of soil
6 2.26.1 p- Extra for every additional lift of 1.5 m or part 8576.81 51.75 Cum 443849.92
79 thereof in.
All kinds of soil.
7a Trenchless Technique
P.R - 24 1) Installation of HDPE product pipe by HDD
method including preparing and settling p to
the plant and equipment preparing new pipe
work material , installing new pipe work and
commissioning system including all related civil
and mechanical work like excavation , shoring/

169
shuttering etc. drilling, stringing, reaming and
pulling back the new pipe-work on the
designed bore path alignment, proper disposal
of drilling fluid and restoration of site after
completion all inclusive as per Ind STT: 101-
2007: Code of practice for horizontal directional
drilling technique suiting Indian condition.for
following pipe diameter in mixed soil but
excluding cost of pipes
500mm dia 264.00 3079.08 Mtr. 812877.12
630mmdia 973.00 3352.80 Mtr. 3262274.40
8a 16.81 p- Providing and erecting 2.00 meter high 200.00 1577.05 Meter 315410.00
279 temporary barricading at site as per drawing
/direction of Engineer in charge which
includeswriting and printing , arrangement of
traffic diversion such as traffic signals during
construction at the site for day and night glow
lamp reflective sign marking flags, caution tape
as the directed by engineer in charge. The
barricading provided shall be retain in posion at
site continuously i/c shifting of barricading
from one location to another location as many
time as required during the excutation of the
entire work till its completion. Rate include its
maintenance for damages painting all
incidentals laboursmaterial ,equipments and
works required to execute the job. The
barricading shall not be removed without prior
approval of Engineer in charge .
8b 2.6.1 Providing and fixing 2.0 m high corrugated GI 3000.00 34.70 Sqm. 104100.00
sheet barricading with safedaballies of 100 mm
dia 2.8 meter long post 30 cm girth(min.) for
CGI sheet and every12th post to be strutted
with ballies and fixing with nails etc. including
excavation holes size of 0.30 x o.30 x 0.40
meters getting out the excavation soil and then
returning the soil including consolidating by
ramming, watering etc. disposal of surplus
earth as directed within lead of 50.0 meter and
lift of 1.5 meter and painting with bright red
and white paint vertical strips 0.30 m wide and
1.25 m apart centre to centre as per drawing as
directed by the Engineer-in-charge.
9 2.20.1,2 & Open timbering in trenches including strutting
3 p-79 and shoring complete (measurements to be
taken of the face area timbered):
i) Depth not exceeding 1.5 m. 3069.40 55.90 Sqm. 171579.46
ii) Depth exceeding 1.5 m but not exceeding 649.83 60.00 Sqm. 38989.80
3 m.
ii) Depth exceeding 3 m but not exceeding 735.24 66.75 Sqm. 49077.27
4.5 m.

170
10 2.21.1,2 & Open timbering in case of shafts, wells,
3 p-79 cesspits, manholes and the like including
strutting, shoring and packing cavities
(wherever required) etc. complete.
(Measurements to be taken of the face area
timbered).
i) Depth not exceeding 1.5 m. 1869.15 48.70 Sqm. 91027.61

ii) Depth exceeding 1.5 m but not exceeding 1645.13 55.20 Sqm. 90811.18
3 m.
iii) Depth exceeding 3 m but not exceeding 4.5 678.29 63.85 Sqm. 43308.82
m.
Extra for planking and strutting in open
timbering if required to be left permanently in
position
iv) Depth exceeding 4.5 m but not exceeding 6 19.21 70.20 Sqm. 1348.54
m.
11 2.16.1, 2 Close timbering in trenches including strutting,
&3 p-78 shoring and packing cavities (wherever
required) complete. (Measurements to be
taken of the face area timbered).
i) Depth not exceeding 1.5 m. 3069.40 108.55 Sqm. 333183.37

ii) Depth exceeding 1.5 m but not exceeding 649.83 115.05 Sqm. 74762.94
3 m.
iii) Depth exceeding 3 m but not exceeding 735.24 129.80 Sqm. 95434.15
4.5 m.
12 2.17.1,2 & Close timbering in case of shafts, wells,
3 p- 78 cesspits, manholes and the like including
strutting, shoring and packing cavities
(wherever required) etc. complete.
(Measurements to be taken of the face area
timbered).
i) Depth not exceeding 1.5 m. 1869.15 113.25 Sqm. 211681.24
ii) Depth exceeding 1.5 m but not exceeding 1645.13 127.25 Sqm. 209342.79
3 m.
iii) Depth exceeding 3 m but not exceeding 678.29 141.95 Sqm. 96283.27
4.5 m.
Extra for planking and strutting in close
timbering if required to be left permanently in
position
RA iv) Depth exceeding 4.5 m but not exceeding 6 19.21 153.20 Sqm. 2942.97
m.
13 P.R.-3 Repair/shifting existing houses water 1000.00 506.50 Each 506500.00
connection including GI fitting such as
elbow,nipples,sockets,unions,ferrule
etc.Allcomplete in all respect

171
14 5.9.1p-98 Centering and Shuttering including strutting ,
propping etc.and removal of form for
Foundations,footing,bases of columns etc. for 100.00 193.95 Sqm. 19395.00
mass concrete
15 4.1.2 p-88 Providing and laying in position cement
concrete of specified grade excluding the cost
of centering(in crossing of drain)
i) 1:1.5:3 (1 cement : 1.5 coarse sand : 3 5.00 5924.65 Cum 29623.25
graded stone aggregate 20 mm nominal size)
16 5.1.2 p-97 Providing and laying in position specified grade
of reinforced cement concrete excluding the
cost of centering, shuttering, finishing and
reinforcement - All work up to plinth level :
i) 1:1.5:3 (1 cement : 1.5 coarse sand : 3 5.00 6215.35 Cum 31076.75
graded stone aggregate 20 mm nominal size)
17 5.22.3 p- Reinforcement for R.C.C. work including 500.00 56.60 Kg 28300.00
100 straightening, cutting, bending, placing in
position and binding all complete.
Cold twisted bars
18 16.75p- Providing & Laying C.C pavement of miz M-25 10.00 6912.15 Cum 69121.50
278 with ready mixed concrete from batching plant.
The ready mixed concrete shall be laid &
finished with screen board vibrator, vacuum
dewatering process & finally finished by
floating, brooming with wire brush etc.
complete as per specifications and directions of
Engineer-in-charge
19 6.1.1 p- Brick work with F.P.S. bricks of class
111 designation 75 in foundation and plinth (in
crossing of drain)
Cement mortar 1:4 (1 cement : 4 coarse sand) 15.00 4970.30 cum 74554.50
20 13.4.1 p- 12 mm cement plaster of mix : 1:4 (1 cement: 4 300.00 180.85 Sqm. 54255.00
227 coarse sand)
21 13.18 p- Neat cement punning 300.00 42.60 Sqm. 12780.00
228
22(a) I P.R.-22 Providing Laying & Jointing of SN 8 structured
wall polyethylene piping systems ( Pipe with
online/offline coupler and elastomeric sealing
ring) with non-smooth External Annular
corrugated and smooth internal surfaces(
Double wall) for non pressure underground
sewerage and drainage application as confirm
to IS 16098 (part-II): 2013 complete as specified
and directed by Engineer-in-charge.
290 mm OD DWC HDPE Pipe - Providing SN 8 4794.00 1258.10 Meter 6031331.40
Double Wall Corrugated HDPE pipes as confirm
ti IS 16098 (part-II):2013
345 mm OD DWC HDPE Pipe- Providing SN 8 597.00 1758.10 Meter 1049585.70
Double Wall Corrugated HDPE pipes as confirm
ti IS 16098 (part-II):2013

172
22(a)II 1.3.1 Providing, laying and Jointing High Density
polythylene (HDPE) pipe of material grade PE
80, PN 4 for sewerage application as confirm to
IS 14333:1996 ( amended upto date) complete
as specified as directed by Engineer-in-charge.
1.3.1.6.1 Providing HDPE pipe of material grade PE 80, 264.00 6399.40 Rm 1689441.60
PN 4 for sewerage application as confirm to IS
14333:1996 ( amended upto date) suitable for
butt fusion jointing.- 500 mm OD
1.3.1.8.1 Providing HDPE pipe of material grade PE 80, 973.00 10111.70 Rm 9838684.10
PN 4 for sewerage application as confirm to IS
14333:1996 ( amended upto date) suitable for
butt fusion jointing.- 630 mm OD
22(b) Providing butt fusion welding joint to PE-80,PN- 0.00
4 HDPE pipe as per DVS 2207 Part II
i) 500 mm OD wall thickness= 25.6 mm 44.00 152.40 meter 6705.60

ii) 630 mm OD wall thickness=25.06 162.00 181.20 meter 29354.40

23 Laying and Jointing in trences including testing

i) 290 mm OD DWC HDPE Pipe 4794.00 52.20 Meter 250246.80

ii) 345 mm OD DWC HDPE Pipe 597.00 76.60 Meter 45730.20

24 2.27 p-80 Supplying, and filling in plinth with Jamuna


sand under floor, including watering,
Ramming,consolidating and dressing complete .
290 mm OD DWC HDPE Pipe 2268.07 917.75 Cum 2081521.24

345 mm OD DWC HDPE Pipe 192.23 917.75 Cum 176419.08


25 P.R.-7 Construction of bundh with filled up earth in 200.00 10.30 Each 2060.00
empty (PVC) cement bags excluding the cost of
earth but i/c stacking, stitching and placing in
position and removing the same etc. complete
i/c the cost of empty (PVC) / cement bags.
26 0011 p-3 Hire charges of Pumpset of capacity 4000 500.00 755.00 8 hours p/d 377500.00
litres/hour including cost of service of
operating staff and supply of lubricating oil
(650 +6.50=656.50+15%-755.00
27 P.R.-5 De-silting of sewer line based on bucket system 100.00 452.90 Cum 45290.00
in running and under foul condition for depth
not exceeding 1.5 m i/c removal of stones, brick
bats, garbage such etc. and stacking the same
on the bank of sewer line manhole at a
distance upto 50m from centre of sewer line as
per CPWD specification complete and lift upto
1.50 m.

173
28 P.R.-4 De-silting of open Nallah (based on bucket 100.00 424.60 Cum 42460.00
system) in running and under foul condition for
depth not exceeding 1.5 m i/c removal of silt,
stones brick bats, garbage such etc. and
stacking the same on the bank of Nallah at a
distance upto 50 m from centre of Nallah
complete i/c all lifts etc.
29 19.21.3 p- Making connection of drain or sewer line with
360 existing manhole including breaking into and
making good the walls, floors with cement
concrete 1:2:4 mix (1 cement : 2 coarse sand : 4
graded stone aggregate 20 mm nominal size)
cement plastered on both sides with cement
mortar 1:3 (1 cement : 3 coarse sand) finished
with a floating coat of neat cement and making
necessary channels for the drain etc. complete :
For pipes 350 to 450 mm diameter 6.00 674.15 Each 4044.90
30 P.R.-9a Constructing brick masonry circular manhole 3’- 224.00 7804.00 Each 1748096.00
00” internal dia(0.91 m) at bottom and 1’-10” or
0.56 m dia at top, depth upto IL 3 ft. or 0.91 m
built in brick work with extruded burnt sewer
brick (in FPS Size) confirming to IS-4885-1988 in
curved in cement mortar 1:4 (1 cement : 4 coarse
sand) excluding excavation but including 9” or
(0.23 m) thick foundation concrete 1:3:6 (1
cement : 3 coarse sand : 6 graded stone aggregate
40 mm nominal size) including centering and
shuttering and fixing SFRC manhole cover and
frame (Heavy Duty) 560 mm internal dia fixed in
cement conc. 1:1.5:3(1 cement : 1.5coarse sand : 3
graded stone aggregate 20 mm nominal size) and
12 mm thick cement plaster both inside and
outside with cement mortar 1:4 (1 cement : 4
coarse sand) and inside plaster to be finished with
a floating coat of neat cement. Making necessary
channel in cement conc. 1:1.5:3 (1 cement : 1.5
coarse sand :3graded stone aggregate 20 mm
nominal size) all complete as per departmental
drawings and as directed by Engineer-in-Charge.
31 P.R.-9b Extra per meter depth of 3’-0” dia or 0.91 m 73.75 6096.80 Per m depth 449639.00
dia internal circular manhole beyond 3’-0” dia
or 0.91 m up to 1L 5'-6" or 1.67 m depth built in
brickwork (in FPS Size) withextruded burnt
sewer bricks conforming to IS-4885-1988 in
cuved in cement mortar 1:4(1 cement : 4 coarse
sand ) 12 mm thick plaster both inside and
outside with cement mortar 1 : 4(1 cement : 4
coarse sand) and inside plaster to be finished
with a floating coat of neat cement and all
complete as per departmental drawings and as
directed by Engineer-in - charge.Cement
required1 .35 qunitals/Meter depth

174
32 P.R.-10a Constructing brick masonry circular manhole 4’- 77.00 16426.00 Each 1264802.00
0” or 1.22 m internal dia at bottom and 1’-0” or
0.56 m dia at top, depth upto IL 5’-6” or 1.67 m
built in brick work with extruded burnt sewer
brick (in FPS Size) confirming to IS-4885-1988 in
curved in cement mortar 1:4 (1 cement : 4
coarse sand) excluding excavation and soling,
but including 12” or (0.30 m) thick foundation
concrete 1:3:6(1 cement : 3coarse sand : 6
graded stone aggregate 40 mm nominal size)
including centering and shuttering and fixing
SFRC manhole cover and frame (Heavy Duty)
560 mm internal dia fixed in cement conc. 1:2:4
(1 cement : 2 coarse sand : 4 graded stone
aggregate 20 mm nominal size) and 12 mm
thick cement plaster both inside and outside
with cement mortar 1:4 (1 cement : 4 coarse
sand) and inside plaster to be finished with a
floating coat of neat cement. Making necessary
channel in cement conc. 1:2:4 (1 cement : 2
coarse sand : 4 graded stone aggregate 20 mm
nominal size) all complete as per departmental
drawings and as directed by Engineer-in-
Charge.Cement required 5.46 qunitals/Each
33 P.R.-10b Extra per meter depth of 4’-0” dia or 1.22 m 22.79 7616.80 Per m depth 173548.79
dia internal circular manhole beyond 5’-6” dia
or 1.67 m up to 1L 7'-6" or 2.28 m depth built
in brickwork (in FPS Size) withextruded burnt
sewer bricks conforming to IS-4885-1988 in
cuved in cement mortar 1:4(1 cement : 4 coarse
sand ) 12 mm thick plaster both inside and
outside with cement mortar 1 : 4(1 cement : 4
coarse sand) and inside plaster to be finished
with a floating coat of neat cement and all
complete as per departmental drawings and as
directed by Engineer-in - charge.
Cement required 1.62 QTL/meter depth
34 P.R.-11a Constructing brick masonry circular manhole 5’- 210.00 38209.00 Each 8023890.00
0” or 1.52 m internal dia at bottom and 1’-0” or
0.56 m dia at top, depth upto IL 7’-6” or 2.28 m
built in brick work with extruded burnt sewer
brick (in FPS Size) confirming to IS-4885-1988 in
curved in cement mortar 1:4 (1 cement : 4
coarse sand) excluding excavation and soling,
but including 12” or (0.30 m) thick foundation
concrete 1:2:4 (1 cement : 2 coarse sand : 4
graded stone aggregate 40 mm nominal size)
including centering and shuttering and fixing
SFRC manhole cover and frame (Heavy Duty)
560 mm internal dia fixed in cement conc. 1:2:4
(1 cement : 2 coarse sand : 4 graded stone
aggregate 20 mm nominal size) and 12 mm

175
thick cement plaster both inside and outside
with cement mortar 1:4 (1 cement : 4 coarse
sand) and inside plaster to be finished with a
floating coat of neat cement. Making necessary
channel in cement conc. 1:2:4 (1 cement : 2
coarse sand : 4 graded stone aggregate 20 mm
nominal size) all complete as per departmental
drawings and as directed by Engineer-in-
Charge.
Cement required 13.71 Qunitals/Each
35 P.R.-11b Extra per meter depth of 5’-0” dia or 1.52 m
dia internal circular manhole built in brickwork
(in FPS Size) withextruded burnt sewer bricks
conforming to IS-4885-1988 in cuved in cement
mortar 1:4(1 cement : 4 coarse sand ) 12 mm
thick plaster both inside and outside with
cement mortar 1 : 4(1 cement : 4 coarse sand)
and inside plaster to be finished with a floating
coat of neat cement and all complete as per
departmental drawings and as directed by
Engineer-in - charge.(cost of providing and
fixing of plastic encapsulted foot rest shall be
paid separately )
i) Beyond 7'-6" or 2.28 m an up to 1 L 13'8" or 82.85 17308.30 Per m depth 1433992.66
4.16 m (cement required 3.50 Qunital/meter
depth)
ii) Beyond 13'-8" or 4.16 m an up to 1 L 20 -0" 169.71 24370.00 Per m depth 4135832.70
or 6.09 m (cement required 5.08 Qunital/meter
depth)
36 19.22p- Providing sand cast iron drop connection
360 externally for 60 cm drop from branch sewer
line to main sewer manhole including
inspection and cleaning eye with chain and lid
sand cast iron drop pipe and bend encased all-
round with cement concrete 1: 5:10 ( 1 cement
: 5 finesand: 10 graded stone aggregate 40 mm
nominal size ) with all centering and shuttering
required, cutting holes in walls and making
good with brick work in cement motar 1:3( 1
cement : 3 coarse sand) on inside of the
manhole wall,lead caulked joints between sand
cast iron pipes and fittings, stiff cement mortar
1:1 ( 1 cement:1 fine sand ) joints between sand
cast iron tee and S.W. pipe, making required
Channels complete as per standard design and
specification.
19.22.2 150 mm dia sand cast iron drop connection. 13.00 8902.10 Each 115727.30

37 19.23.2 p- Extra for depths beyonds 60 cmof sand cast 21.06 2589.00 Meter 54524.34
360 iron drop connection complete:

176
38 P.R.-13,14 Supplying and stacking at site precast concrete
manhole with steel fibre of ISI marked
conforming to IS 12592 part I of HD -20/ EHD -
35 with matching frame of class EHD-35 IS:
12592 part II with 875 external dia and clear
560 mm internal dia
(i) HD- 20 500.00 920.00 Each 460000.00

(ii) EHD-35 11.00 1225.00 Each 13475.00

39 2.25 p-79 Filling available excavated earth (excluding 9909.47 125.75 Cum 1246115.85
rock) in trenches, plinth, sides of foundations
etc. in layers not exceeding 20cm in depth
40 19.16 p- Providing orange colour safety foot rest of 2421.00 327.90 Each 793845.90
359 minimum 6 mm thick plastic encapsulated as
per IS : 10910 on 12mm dia steel bar
conforming to IS : 1786 having minimum cross
section as 23 mmx25mm and over all minimum
length 263 mm and width as 165mm with
minimum 112 mm space between protruded
legs having 2 mm tread on top surface by
ribbing or chequering besides necessary and
adequate anchoring projections on tail length
on 138 mm as per standard drawing and
suitable to with stand the bend test and
chemical resistance test as per specifications
and having manufacture's permanent
identification mark to be visible even after
fixing, including fixing in manholes with
30x20x15 cm cement concrete block 1:3:6 (1
cement : 3 coarse sand : 6 graded stone
aggregate 20 mm nominal size) complete as per
design.
41(a) Carriage of material by mechanical transport

1.1.1,2 & Carriage of material by mechanical transport


3 p-62 including loading, unloading and stackingat site
upto 5.0 km lead
i) Lime, moorum, building rubbish 2882.94 119.33 Cum 344021.23

ii) Earth 3016.60 149.17 Cum 449986.22

iii) Manure or sludge 120.00 129.71 Cum 15565.20

41(b) 1.1.1,2 & Carriage of material by mechanical transport


3 p-62 including loading, unloading and stackingat site
upto 10 km lead

i) Lime, moorum, building rubbish 480.49 162.73 Cum 78190.14

177
ii) Earth 502.77 203.42 Cum 102273.47

iii) Manure or sludge 20.00 176.86 Cum 3537.20

41(c) Carriage of material by mechanical transport


including loading, unloading and stackingat site
upto 20km lead
i) Lime, moorum, building rubbish 240.25 234.05 cum 56230.51
119.33+(8.68*5)+(7.13*10)=234.03
ii) Earth 251.38 295.52 cum 74287.82
149.17*(10.85*5)+(8.91*10)
iii) Manure or sludge 10.00 254.36 cum 2543.60
129.71+(9.43*5)+(7.75*10)

42(a) 1.2.1,2 & Carriage of material by manual labour including


3 p-65 loading unloading and stacking for lead upto
50m to 100
i) Lime, moorum, building rubbish 480.49 20.19 cum 9701.09

ii) Earth 502.77 25.24 Cum 12689.91

iii) Manure or sludge 20.00 21.95 Cum 439.00

42(b) 1.2.1,2 & Carriage of material by manual labour including


3 p-65 loading unloading and stacking for lead upto
250m
i) Lime, moorum, building rubbish 480.49 80.76 Cum 38804.37
20.19*4=80.76
ii) Earth 502.77 100.96 Cum 50759.66
25.24*4=100.96
iii) Manure or sludge 12.00 87.80 Cum 1053.60
21.95*4=87.80
43 19.1p-354 Stone Ware Pipes and Fittings

i 19.1.2 Providing, laying and jointing glazed stonewere


pipes class SP-1 with stiff mixture of cement
mortar in the proportion of 1:1 (1 Cement: 1
finesand) including testing of joints etc.
Complete:
150 mm Diameter 1226.00 327.05 Meter 400963.30

ii 19.2p-354 Providing and laying cement concrete 1:5:10(1


cement:5 coarse sand:10 graded stone
aggregate 40 mm nominal size ) all arround of

178
S.W pipes including bed concrete as per
standard design
150 mm Diameter 663.88 761.85 Meter 505776.98

Total Rs.5,61,96,057.04
Amount put Rs.5,61,96,057.00
to Tender

179

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