11.10.2014 Views

tender form - Maharashtra Industrial Development Corporation

tender form - Maharashtra Industrial Development Corporation

tender form - Maharashtra Industrial Development Corporation

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

‘B-2’ TENDER FORM<br />

NAME OF WORK :- :-M&R TO N.R.BUILDING & WATER SUPPLY SCHEME<br />

@ NASHIK INDUSTRIAL AREA… HOUSEKEEPING OF<br />

UDYOG BHAVAN BUILDING, CSC BUILDING, OLD<br />

FLATTED FACTORY BUILDING AND STAFF COLONY<br />

@ SATPUR.<br />

ESTIMATED COST :- Rs. 9,37,685.0<br />

TECH. SANCTION :- Tech Sanction Vide EE (N) Register Item<br />

No (03) of July-2012 amount to<br />

Rs. 984600.00 Lakh (N) .<br />

COMPUTER CODE :- Nil.<br />

AGREEMENT NO :- B-2/___________of’ 2012-2013<br />

DOWNLOADED BY :-<br />

SUPERINTENDING ENGINEER(II),MIDC,PUNE-19<br />

EXECUTIVE ENGINEER,MIDC,NASHIK DIVISION NASHIK<br />

Contractor<br />

- 1 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Name of work:<br />

M&R TO N.R.BUILDING & WATER SUPPLY SCHEME @ NASHIK<br />

INDUSTRIAL AREA… HOUSEKEEPING OF UDYOG BHAVAN<br />

BUILDING, CSC BUILDING, OLD FLATTED FACTORY BUILDING<br />

AND STAFF COLONY @ SATPUR.<br />

Sr. No. Description Page Nos.<br />

From<br />

1. Important Note 3 -<br />

2. Disclaimer 4 -<br />

3. Tender Notice 5 6<br />

4. Detailed Tender Notice No.28 (3)of 2012-13 7 8<br />

5. Direction to the <strong>tender</strong>er for filling <strong>tender</strong> 9 11<br />

6. Agreement 12 15<br />

7. Scope of Work. 16 19<br />

8. Works Contract Act Under <strong>Maharashtra</strong> Value 20 -<br />

Added Tax Act,2002<br />

9. Terms and Conditions for the Reimbursement of 21 -<br />

Taxes / Duties.<br />

10. Registration Under Contract Labour (Regulation 22 -<br />

&Abolition) Act-1972<br />

11. CLAUSE FOR RECOVERY OF LABOUR CESS 23 -<br />

12. Insurance of Contract Work 24 -<br />

13. General Specifications and Additional Contract 25 26<br />

Conditions<br />

14. General Terms and Conditions 27 30<br />

15. Undertaking in Format From Contractor. 31 -<br />

16. B-2 Tender Form 32 47<br />

17. Schedule ‘A’ 48 49<br />

18. Schedule ‘B’ 50 51<br />

19. Itemwise Specification 52 54<br />

20. Special Contract Conditions 55 56<br />

To<br />

Contractor<br />

- 2 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Important Note:<br />

All the contractors are requested to read each & every paper included in this<br />

<strong>tender</strong> and point out the discrepancy/ difficulty, if any to the notice of competent<br />

authority before quoting and submitting the <strong>tender</strong> offer. If nothing is brought to<br />

the notice by them, it will be presumed that the contractors have understood the<br />

<strong>tender</strong> conditions and stipulations thoroughly and no complaint of any kind from<br />

contractor will be entertained later on by M.I.D.C. The reply to the<br />

discrepancy/difficulty if any should be taken in writing from the Executive<br />

Engineer, All intending <strong>tender</strong>er are requested to down load the complete <strong>tender</strong><br />

<strong>form</strong>, from M.I.D.C.’s website “www.midcindia.org” at his cost and submit the<br />

same without any changes /deletion /addition.<br />

Contractor<br />

- 3 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Disclaimer<br />

The in<strong>form</strong>ation contained in this Tender Document or subsequently provided to Bidder(s) or<br />

Tenderer(s) whether verbally or in documentary <strong>form</strong> by or on behalf of <strong>Maharashtra</strong> <strong>Industrial</strong><br />

<strong>Development</strong> <strong>Corporation</strong> (hereinafter “the <strong>Corporation</strong>”) or by any of their employees or advisors,<br />

shall be subject to the terms and conditions set out in this Tender Document and all other terms and<br />

conditions subject to which such in<strong>form</strong>ation is provided.<br />

This Tender Document is not an agreement and is not an offer or invitation by the <strong>Corporation</strong> to any<br />

parties other than the Tenderer(s) who are qualified to submit the Tenders. This Tender Document<br />

does not purport to contain all the in<strong>form</strong>ation each Bidder may require. This Tender Document may<br />

not be appropriate for all persons, and it is not possible for the <strong>Corporation</strong>, their employees or<br />

advisors to consider the investment objectives, financial situation and particular needs of each Bidder<br />

who reads or uses this Tender Document. Each Bidder should conduct its own investigations and<br />

analysis and should check the accuracy, reliability and completeness of the in<strong>form</strong>ation in this Tender<br />

Document and where necessary obtain independent advice from appropriate sources. The <strong>Corporation</strong>,<br />

their employees and advisors make no representation or warranty and shall incur no liability under any<br />

law, statute, rules or regulations as to the accuracy, reliability or completeness of the Tender<br />

Document. The <strong>Corporation</strong> may in their absolute discretion, but without being under any obligation to<br />

do so, update, amend or supplement the in<strong>form</strong>ation in this Tender Document.<br />

Contractor<br />

- 4 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

y Submitte×−Ö×¾Ö¤üÖ ÃÖã“Ö−ÖÖ ÛÎú´ÖÖÓÛú ú28(2) ÃÖ−Ö 2012-2013.<br />

"ÃÖÖŸÖ¯Öæ¸ü †ÖîªÖê×ÝÖÛú õÖê¡Ö... †×®Ö¾ÖÖÃÖß ‡´ÖÖ¸üŸÖàÛú¸üŸÖÖ ŸÖÃÖê“Ö ¯ÖÖÞÖß ¯Öã¸ü¾ÖšüÖ µÖÖê•Ö®ÖêÛú׸üŸÖÖ ¤êüÜÖ³ÖÖ»Ö ¾Ö ¤ãü¹ýßÖß<br />

ÃÖÖŸÖ¯Öæ¸ü µÖê£Öᯙ ˆªÖêÝÖ ³Ö¾Ö®Ö ‡´ÖÖ¸üŸÖ, ÃÖÖ´ÖÖ‡ÔÛú ÃÖã×¾Ö¬ÖÖ Ûëú¦ü, •Öã®Öß ±ú»Öòêü›ü ‡´ÖÖ¸üŸÖ, Ûú´ÖÔ“ÖÖ¸üß ¾ÖÃÖÖÆüŸÖ µÖê£Öß»Ö<br />

‡´ÖÖ¸üŸÖà“Öê ¤îü®ÖÓפü®Ö þ֓”ûŸÖÖ ¾Ö ÃÖ±úÖ‡Ô“Öê (ÆüÖ‰úÃÖ×ÛúدÖÝÖ) ÛúÖ´Ö Ûú¸üÞÖê". †Ó¤üÖ×•ÖŸÖ ÜÖ“ÖÔ ¹ý. 9,37,685.00<br />

ÆüüµÖÖ ÛúÖ´ÖÖÛú¸üߟÖÖ ²Öß-2 ±úÖò´ÖÔ´Ö¬µÖê ´ÖÖêÆüÖê¸ü²ÖÓ¤ü ×−Ö×¾Ö¤üÖ ´ÖÖÝÖ×¾ÖÞµÖÖŸÖ µÖêŸÖ †ÖÆêü. ÃÖ¤ü¸ü ÛúÖ´ÖÖ“Öß ÛúÖê¸üß ×−Ö×¾Ö¤üÖ<br />

´ÖÆüÖ´ÖÓ›üôûÖ“µÖÖ ÃÖÓÛêúŸÖãÖôûÖ¾Ö¸ü (www.midcindia.org) פü®ÖÖÓÛú 09.08.2012 ŸÖê 23.08.2012<br />

µÖÖ ÛúÖ»ÖÖ¾Ö¬ÖßŸÖ ˆ¯Ö»Ö²¬Ö ÆüÖêŸÖß»Ö. ÃÖÓ²ÖÓ¬ÖßŸÖ ‡“”æûÛú šêüÛêú¤üÖ¸üÖÓ®ÖÖ ×¾Ö−ÖÓŸÖß Ûú¸üÞµÖÖŸÖ µÖêŸÖê Ûúß, ÃÖ¤ü¸ü ÛúÖ´ÖÖ“Öß<br />

ÛúÖê¸üß ×−Ö×¾Ö¤üÖ ´Ö.†Öî.×¾Ö.´ÖÆüÖ´ÖÓ›üôûÖ“µÖÖ ÃÖÓÛêúŸÖãÖôûÖ¾Ö¹ý®Ö ¯ÖÏÖ¯ŸÖ Ûú¸üÖ¾µÖÖŸÖ.<br />

----------------------------------×−Ö×¾Ö¤Ö µÖê£Öê ÃÖÓ¯ÖŸÖê ------------------------------------------<br />

Contractor<br />

- 5 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

TENDER NOTICE NO. 28(3 ) OF 2012-2013<br />

Sealed <strong>tender</strong>s are invited for the following works with estimated cost indicated against the work.<br />

Sr.<br />

No<br />

Name of Work Cost Availability of <strong>tender</strong>s on<br />

web<br />

From To<br />

1 2 3 4 5<br />

1 M&R TO N.R.BUILDING & WATER<br />

SUPPLY SCHEME @ NASHIK INDUSTRIAL<br />

AREA… HOUSEKEEPING OF UDYOG<br />

BHAVAN BUILDING, CSC BUILDING, OLD<br />

Rs.9,37,685.00 09.08.2012 23.08.2012<br />

FLATTED FACTORY BUILDING AND<br />

STAFF COLONY @ SATPUR.<br />

The blank <strong>tender</strong> <strong>form</strong>s for the above work is available on website www.midcindia.org .<br />

---------------- - - - - - - - - - - - - - - - - - - - - - - - NOTICE END - -- - ------------------------------- - - - - - - - - - - - - - - - - - -<br />

No/EE/TC/NSK/IFMS/ 4135 /0f 2012.<br />

Office of the Executive Engineer,<br />

M.I.D.C., Nashik Division,<br />

“Udyog Bhavan” 2 nd floor,<br />

Satpur, Nashik- 422 007.<br />

Date:- 09 / 08 / 2012.<br />

1. Copy submitted to the Chief Engineer, MIDC, Mumbai / Chief Engineer, MIDC, Pune /<br />

Additional Chief Engineer Nagpur for favour of in<strong>form</strong>ation please.<br />

2. Copy submitted to the Chief Accounts Officer, MIDC, Mumbai for favour of perusal and<br />

in<strong>form</strong>ation please.<br />

3. Copy submitted to the Superintending Engineer, MIDC, Pune- Circle No. 1, 2/E&M/<br />

Aurangabad / Mumbai / Nagpur/ Amrawati / Panvel / Dombivali, for favour of in<strong>form</strong>ation<br />

please.<br />

4. Copy f.w.cs to the Jt. Chief Accounts Officer, MIDC, Pune for in<strong>form</strong>ation.<br />

5. Copy f.w.cs to all Executive Engineers, in MIDC for in<strong>form</strong>ation with a request to publish the<br />

<strong>tender</strong> notice on their office notice board for wide publicity.<br />

6. Copy to all Deputy Engineers in MIDC, for in<strong>form</strong>ation.<br />

7. Copy to Notice Board @ Nashik Dn. Office, MIDC, Nashik.<br />

8. Copy to TB/TC, MIDC Nashik for in<strong>form</strong>ation.<br />

9. Copy to<br />

M/s./ Shri.<br />

_______________________<br />

_______________________<br />

Contractor<br />

- 6 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

DETAILED TENDER NOTICE NO." 28(3) " FOR 2012 – 2013.<br />

Sealed <strong>tender</strong>s on Item rate basis are invited by the undersigned from the Contractors registered<br />

with PWD Government of <strong>Maharashtra</strong>, CPWD, MES, MJP and Railways etc. in appropriate class<br />

having sufficient experience in similar nature of work.<br />

1. Name of Work : -M&R TO N.R.BUILDING & WATER SUPPLY<br />

SCHEME @ NASHIK INDUSTRIAL AREA…<br />

HOUSEKEEPING OF UDYOG BHAVAN BUILDING,<br />

CSC BUILDING, OLD FLATTED FACTORY<br />

BUILDING AND STAFF COLONY @ SATPUR.<br />

2. Class of Registration. : Registered contractors in appropriate class with<br />

MES/CPWD/PWD Railway & MJP<br />

3. Estimated Cost : Rs. 9,37,685.0<br />

4. Type of Agreement : “B-2”<br />

5. Earnest Money Deposit : Rs. 9400.00<br />

6 Security Deposit<br />

: 1) Rs. 28200.00<br />

Initial 3% of estimated cost or <strong>tender</strong>ed cost<br />

whichever is higher (in the <strong>form</strong> of Demand Draft on<br />

any Nationalized bank or Schedule Bank)<br />

: 2) Rs. 46900.00<br />

Through R.A. Bill- 5% estimated cost or <strong>tender</strong>ed cost<br />

which is higher<br />

7 Time limit : Twelve Calendar Months (including monsoon.)<br />

8 Compensation for delay in : Rs. 200.00 per day.<br />

completion.<br />

9 Cost of blank <strong>tender</strong> <strong>form</strong> : Rs. 1000.00 (by DD)<br />

(Non-refundable)<br />

10 Date of issue of blank <strong>tender</strong> : From 09.08.2012 to 23.08.2012<br />

<strong>form</strong> on MIDC’s website: Available on MIDC’s web site<br />

www.midcindia.org<br />

11 Last date for receipt of queries<br />

of Contractor in respect of the<br />

: 14.08.2012<br />

Contractor<br />

- 7 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

<strong>tender</strong>.<br />

12 Date of reply to the queries will<br />

be exhibited on website.<br />

: 17.08.2012<br />

13 Date of submission of <strong>tender</strong> in the<br />

office of The Chief Engineer (PZ),<br />

MIDC,Pune, OR The Superintending<br />

Engineer(II), MIDC, Chinchwad,<br />

Pune-19 OR Executive Engineer,<br />

MIDC, Dn. Nashik 07 either by RPAD<br />

or Reputed Courier Service only<br />

: 27.08.2012 upto 13.30 hrs.<br />

14 Date of opening of <strong>tender</strong> in the : 30.08.2012 at 11.30 hrs. (If possible)<br />

office of The Executive @ Executive Engineer, MIDC Nashik Dn.Satpur<br />

Engineer, MIDC, Nashik Nashik-07.<br />

Division Nashik.<br />

15 Validity of offer : 180 days.<br />

(from the date of submission <strong>tender</strong>)<br />

The blank <strong>tender</strong> <strong>form</strong> can be obtained for above work is available on the MIDC web site<br />

www.midcindia.org.<br />

Important:- The Earnest Money Deposit shall be paid by Demand Draft drawn in favour of the<br />

Executive Engineer, M.I.D.C. Nashik Division, Nashik on any Nationalised / Schedule Bank<br />

payable at Nashik Or certified copy of Earnest Money Exemption Certificate issued by M.I.D.C<br />

Right to reject any or all <strong>tender</strong>s without assigning any reasons there of is reserved with the competent<br />

authority of the <strong>Corporation</strong>. It is not obligatory, on the part of MIDC to accept the lowest <strong>tender</strong> and<br />

MIDC’s decision in this matter shall be final.<br />

Sd/-<br />

Executive Engineer,<br />

MIDC Nashik Dn.<br />

Contractor<br />

- 8 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

DIRECTION TO THE TENDERER FOR FILLING TENDER<br />

1. The <strong>tender</strong>ed will duly seal, sign & complete the <strong>tender</strong> <strong>form</strong>.<br />

2. Every page of the <strong>tender</strong> and contract documents including specifications, every<br />

correction, deletion or addition and every slip pasted etc. will be signed by the<br />

<strong>tender</strong>ed.<br />

3. The <strong>tender</strong>ed should quote the item rate in words and figures.<br />

4. The rates shall be quoted including all taxes, duties, octroi and transportation.<br />

5. Where the item rates in words differ from the one in figures the lowest of the two will be taken<br />

as corrected.<br />

6. The <strong>tender</strong>er (bidder) should carefully note the unit of each item. No change in this unit is to<br />

be made. In case of any doubt, the intending <strong>tender</strong>ed should refer the matter to the<br />

Executive Engineer, and get necessary clarification in writing. Details of work of a similar<br />

nature carried out during last (Three) years and currently being carried out.<br />

7. The names and address of reference who would be prepared to give an opinion as to the quality<br />

of work.<br />

8. Each <strong>tender</strong> proposed should be signed by the bidder giving the name and a exact address of<br />

the firm to whom the contract is to be issued.<br />

9. The bids can only be submitted in the name of the bidder in whose name the bid documents<br />

were issued by MIDC. The <strong>tender</strong>, shall be valid for acceptance for a minimum period of 180<br />

days from the date of opening of <strong>tender</strong>. If any bidder desires to offer a longer validity period,<br />

if should specifically be mentioned in the <strong>tender</strong>.<br />

10. Each <strong>tender</strong> shall be complete and free from alteration or ambiguity.<br />

11. The contractor should submit the <strong>tender</strong> in two envelopes.<br />

Following documents be enclosed to the <strong>tender</strong> as Envelope No.1 & 2.<br />

1 st Envelope :-<br />

1) Earnest money , cost of blank <strong>tender</strong> <strong>form</strong>s in the <strong>form</strong> of demand draft / pay order only.<br />

2) A True copy of current certificate of registration as approved Contractor in the appropriate class.<br />

3) Copy of registration under work contract Act under Value Added Tax Act 2002 with current<br />

clearance certificate.<br />

4) Certified copy of PAN card.<br />

5) C.P.F. Registration Certificate<br />

6) Service Tax registration Certificate<br />

7) E.S.I.C. registration Certificate.<br />

Contractor<br />

- 9 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

8) Exemption certificate for payment of Earnest Money deposit. (If contractor holds) issued by<br />

MIDC only. If Demand draft for Earnest money & cost of blank <strong>tender</strong> <strong>form</strong> is not enclosed by<br />

the contractor in the 1 st envelope, the II nd envelope shall not be opened<br />

9) Contractor shall have similar type of work experience costing not less than 4.5 Lakh of<br />

single work.<br />

10) Reply of queries raised by Contractor duly signed.<br />

All the above documents shall be attested by gazeted officer or special executive Magistrate only.<br />

After opening envelop No.1, item No.1 to 10 as above will be seen & checked chronologically & if<br />

they are found in order then only sealed envelope No.2 will be opened & rates will be read out.<br />

2 nd Envelope :<br />

Tender shall be with clear offer without any condition. Any conditional offer would be<br />

rejected out right. Contractor should submit the sealed <strong>tender</strong> by Registered Post or Reputed Courier<br />

Services Only. Tender submitted by hand delivery shall not be accepted.<br />

The envelope No.2 will be opened only if the contents of envelope No.1 are found to be correct.<br />

1) Initial Security Deposit: -<br />

i) The contractor is required to pay 8% security deposit of <strong>tender</strong>ed cost or estimated cost<br />

which ever is more if his offer is accepted and he is called for execution of agreement as<br />

explained below.<br />

ii) 3% initial security deposit shall be paid at the time of execution of agreement in the<br />

<strong>form</strong> of D.D.<br />

The Balance 5 % security deposit shall be recovered through running account bill only.<br />

3 % Initial S.D. shall be released along with payment of final bill & remaining balance 5 % S.D. to be<br />

recovered through R.A.bill in cash shall be released after N.O.C. from concerned Dy.Engineer.<br />

Additional Security Deposit:- If the Contractor quotes his offer more than 15% below, he will have to pay 1% security<br />

deposit extra for every extra 2% below. Subject to a maximum of 6%.<br />

Contractor<br />

- 10 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

e.g. If the Contractor quotes 20% below then he will have to pay<br />

20-15 = 5 = 2.50% Additional Security Deposit.<br />

2 2<br />

If the Contractor quotes 30% below then he will have to pay<br />

30-15 = 15 = 7.50% limited to 6% Additional Security Deposit.<br />

2 2<br />

50% of Additional Security Deposit and initial S.D.3% will be released alongwith the<br />

payment of final bill & and remaining 50% will be released alongwith remaining 5%<br />

Security Deposit after defect liability period is over.<br />

2) Stamp Duty :-<br />

The contractor, whose offer is proposed for acceptance and called for execution of<br />

agreement shall have to pay the stamp duty as communicated by Stamp Duty Office. All<br />

necessary help shall be extended to the contractor for procuring the adhesive stamps from<br />

Stamp Duty Office.<br />

If the demand draft accepted from the Contractor against Initial Security Deposit, the Contractor shall have to submit Non<br />

judicial stamp as applicable by the Bombay Stamp Act 1958 from time to time.<br />

However it has come to the notice that the Stamp Duty charges are required to tbe calculated as per Article 63 of the<br />

Schedule 1 of the Bombay Stamp Act 1958. The Provisions of Article 63 are as below:-<br />

Works Contract, that is to say a contract for works and<br />

labour or services involving transfer or property in goods<br />

(whether as goods or in some other <strong>form</strong>) in its execution<br />

and includes a sub-Contract.<br />

a) Where the amount or value set forth in such contract does<br />

not exceed rupees ten lakh<br />

One Hundred.<br />

b) Where it exceeds rupees ten lakh One Hundred rupees plus one hundred rupees for every<br />

Rs.1,00,000/- or part thereof above rupees ten lakh, subject<br />

to the maximum of Rs.5,00,000/-<br />

The Contractor whose offer will be accepted will called for execution of the agreement and shall only be liable to pay the<br />

stamp duty applicable thereon.<br />

iii) The acceptance of Bank Guarantee shall be at the discretion of competent<br />

authority. The mention of payment of initial security in the <strong>form</strong> of Bank Guarantee<br />

at the time of submission of offer will not be treated as a condition.<br />

i) If the demand draft or Cash accepted from the Contractor against Initial Security Deposit, the<br />

Contractor shall have to submit Non judicial stamp worth 3 % of Initial Security Deposit or as<br />

applicable by the Bombay Stamp Act 1958 from time to time.<br />

ii) The Contractor is bound to pay stamp duty as per procedure of the concerned Department or as<br />

applicable by the Bombay Stamp Act 1958 from time to time..<br />

Contractor<br />

- 11 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

AGREEMENT<br />

This Agreement is made and entered into at __________.<br />

on this _____________________________________.<br />

Between<br />

Executive Engineer, MIDC,_________ Division _________. on behalf of <strong>Maharashtra</strong> <strong>Industrial</strong><br />

<strong>Development</strong> <strong>Corporation</strong>, having its Head Office at Udyog Sarathi, Marol <strong>Industrial</strong> estate, Andheri,<br />

Mumbai 400 093 (hereinafter referred to as the ‘<strong>Corporation</strong>’) of the ONE PART.<br />

AND<br />

__________________________________________________________________________________<br />

_______________ (Contractor) the PARTY OF THE SECOND PART.<br />

WHERE AS the <strong>Corporation</strong> has established Nashik Division, Sub Divisional offices and full<br />

fledged Engineering & maintenance Department at Mumbai alongwith other Supporting Department.<br />

AND WHEREAS for -M&R TO N.R.BUILDING & WATER SUPPLY SCHEME @ NASHIK<br />

INDUSTRIAL AREA… HOUSEKEEPING OF UDYOG BHAVAN BUILDING, CSC BUILDING, OLD<br />

FLATTED FACTORY BUILDING AND STAFF COLONY @ SATPUR.<br />

, the corporation has agreed to award this work to the Party of second part.<br />

AND WHEREAS _________________________________________<br />

____________________________________________________ (Contractor)<br />

Party of the Second part has offered to -M&R TO N.R.BUILDING & WATER SUPPLY SCHEME @ NASHIK<br />

INDUSTRIAL AREA… HOUSEKEEPING OF UDYOG BHAVAN BUILDING, CSC BUILDING, OLD<br />

FLATTED FACTORY BUILDING AND STAFF COLONY @ SATPUR.<br />

for Satpur Sub Divisions under Division Nashik Office on contract basis on the terms and conditions<br />

set forth here in below.<br />

AND WHEREAS the <strong>Corporation</strong> has agreed for the same;<br />

AND WHEREAS both the parties desire to reduce the terms and conditions into writing;<br />

Contractor<br />

- 12 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

NOW THEREFORE THIS AGREEMENT WITNESSTH AS FOLLOWS:<br />

1. The contractor shall be responsible for the corporate and personnel taxes, & service tax<br />

levied by the Government of India and State Government for the work done under this<br />

contract, if any.<br />

2. The offer shall include service tax while making payments of R.A. bills, the service tax @<br />

12.36% shall be deducted & on production of valid documents of payment of service tax<br />

to Government, the necessary payment towards service tax shall be released.<br />

3. That personnel shall be deployed by the Contractor on the job of the <strong>Corporation</strong>, subject to<br />

fulfillment of the standard of Physical Fitness & minimum qualification as specified in<br />

specification.<br />

4. That no employee of the Contractor shall be at the place of his work except during his duty<br />

hours.<br />

5. That the Contractor shall be responsible for the security and safety of the installations<br />

including and other moveable and immovable properties of the <strong>Corporation</strong> and shall<br />

ensure that strict vigil is maintained by the personnel so as not to cause loss or damage to<br />

the <strong>Corporation</strong>, whatsoever.<br />

6. That the personnel engaged/employed by the Contractor in relation to this contract shall be<br />

under direct control of the Contractor and there shall not exist any employer-employee<br />

relationship between the <strong>Corporation</strong> and the Contractor his personnel in any way.<br />

7. On satisfactory fulfillment of the Contract, the <strong>Corporation</strong> shall pay to the Contractor,<br />

charges at the rates agreed for job/month.That the Contractor shall be responsible for the<br />

payment of salary/wages and other remuneration or allowances if any, to the personnel so<br />

employed by them and the corporation shall not be responsible for any such<br />

payment/liability. Moreover, the services of such personnel shall be governed by the<br />

service conditions extended to them by the Contractor, in accordance with the statutory<br />

provisions applicable to them, if any.<br />

8. The Contractor shall maintain muster roll of his personnel and other statutory records and<br />

make payment and submit authentic proof of such disbursement to the corporation in<br />

respect of payment to his personnel in accordance with the statutory provisions applicable if<br />

any.<br />

9. The <strong>Corporation</strong> will not be responsible to make any payment in respect of the personnel<br />

of the Contractor under any statutory obligation and/or any statutes such as Contract Labour<br />

(Regulation and Abolition) Act, 1970, Employee’s Provident Fund Act, 1952, Workmen’s<br />

Compensation Act, 1923, Payment of Gratuity Act, 1972 or any other statutes in force<br />

and/or which will be in force, or any other act as applicable. It will be sole responsible of<br />

the the Contractor to make the payments as applicable.<br />

Contractor<br />

- 13 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

10. The Contractor should make if applicable regular contribution of personnel’s provident<br />

fund and ESIC of the concerned Personnel and give regular receipts to them and submit a<br />

consolidated report of the above said transactions to this office.<br />

11. The Contractor should submit if applicable the proof of the previous contributions of<br />

employee’s provident fund and ESIC within a period of three months from the date of given<br />

work order to the Contractor.<br />

12. The Contractor shall undertake to comply with all other statutory provisions/obligations in<br />

respect of the personnel engaged by them for the said contract work.<br />

13. The Contractor shall be responsible for any loss or damage caused to the <strong>Corporation</strong><br />

properties on account of any act of commission or commission on the part of its personnel<br />

and Supervisors / representatives and the same will be made good from the payment<br />

payable to the Contractor to the extent of the loss or damages so caused.<br />

14. In case the contractor fails to comply with any of his obligations in the contract and/or in<br />

respect of any amount due from the contractor to MIDC, the security deposit shall be<br />

forfeited/adjusted towards such amount due <strong>form</strong> the contractor. The decision of MIDC<br />

will be final in this regard.<br />

15. The Contractor shall be fully responsible against all claims, costs, charges arising out of personal injury or<br />

death to the employees. No accident risk of contractor’s employee will be covered by MIDC. It is the entire<br />

responsibility of the contractor to bring the labour force covered under the Employee State Insurance Scheme.<br />

MIDC shall not be liable to pay any compensation.<br />

16. This agreement shall remain in force initially for a period of 12 months from date of work<br />

order _________to____________ and/or it will automatically come to an end on the expiry<br />

of the above contractual period however the said contract is liable to be terminated by<br />

giving 1 Month Notice by either party.<br />

17. The <strong>Corporation</strong> reserves its right to deduct an amount @ billing amount of the wages<br />

payable to the party of the second part as security deposit and towards the effective<br />

per<strong>form</strong>ance of the said Agreement and the same will be returned after the expiry of the<br />

agreement.<br />

18. During the contract period, if any employee of Contractor is injured in any mishap, the<br />

Contractor shall be responsible for taking necessary action directly without involving<br />

MIDC in this behalf.<br />

19. The Contractor shall also directly deal with any complaints or disputes or notices given by<br />

any Govt. Organizations without involving MIDC.<br />

20. The following contents in the <strong>tender</strong> document shall also be deemed to <strong>form</strong> an integral part<br />

& partial of this contract.<br />

i) Schedule ‘B’<br />

ii) Special Contract Condition .<br />

Contractor<br />

- 14 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

iii) General Terms & Condition<br />

iv) Scope of Work<br />

Nothing contained in this agreement shall be construed to give any<br />

right to any of the personnel of the contractor to claim any benefits from the <strong>Corporation</strong> and that the<br />

said personnel shall have nothing to do with the affairs of the <strong>Corporation</strong> or any other work of the<br />

<strong>Corporation</strong>.<br />

IN WITNESS WHEREOF THE PARTIES HAVE SET THEIR HANDS ON THIS<br />

AGREEMENT ______________________________________.<br />

Executive Engineer,<br />

Contractor MIDC.Nashik Division ,<br />

Satpur Nashik-7<br />

Sign in presence of<br />

Sign in presence of<br />

1)________________<br />

1)______________<br />

2)________________<br />

2)______________<br />

Contractor<br />

- 15 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

SCOPE OF WORK<br />

Name Of Work :- -M&R TO N.R.BUILDING & WATER SUPPLY SCHEME @ NASHIK INDUSTRIAL<br />

AREA… HOUSEKEEPING OF UDYOG BHAVAN BUILDING, CSC BUILDING, OLD FLATTED<br />

FACTORY BUILDING AND STAFF COLONY @ SATPUR.<br />

<br />

Detailed Scope of Work is as follows.<br />

(A) 1) Tenderer shall have to execute an agreement in the prescribed <strong>form</strong> to MIDC.<br />

2)Udyog Bhavan Building @ Satpur:- Udyog Bhavan building is having total six floors<br />

including ground floor. On ground floor there are total 14 shops. On first floor total six offices are<br />

there and all are occupied. On second floor, MIDC Division and R.O. office are functioning. On third<br />

, fourth floor & fifth floor 4 offices on each floor along with two terraces are situated . On fifth floor,<br />

all 4 offices are vacant. On ground floor one common Gents toilet and other Ladies toilet is there. In<br />

M.I.D.C. offices on second floor total 6 toilets are there. Two lift ducts are there in the building.<br />

Entire daily cleaning of all toilets as above and total corridors, common passages, stairs, lift ducts,<br />

building premises alongwith continuous mopping, cleaning toilets by using phenoil, acid, naphthaleine<br />

balls & odonil in W.C.Toilet blocks etc. including all material, labour, is included in the scope of<br />

work. All vacant offices, galas, terraces of the building are to be kept clean by sweeping, washing if<br />

required doors, windows, glass, walls, ceilings shall also be kept clean every time. Premises of the<br />

building are to be swept daily. Grass, bushes if any are also to be removed in the entire premises of<br />

Udyog Bhavan building.<br />

Division office and R.O. office in the Udyog Bhavan building situated on second floor are to be daily<br />

swept early in the morning along with mopping, cleaning of furniture’s, doors, windows, glasses, etc.<br />

All the toilets in both the offices are to be cleaned with phenoil, acid daily. Naphthalene balls & odonil<br />

in W.C.Toilet blocks are to be provided as per requirement.<br />

Entire drainage system of the building is to be cleaned and choke-ups if any observed in drainage<br />

system are to be cleared by the contractor at his cost only. Periodic cleaning of septic tank through<br />

NMC services shall be arranged by the contractor . Necessary NMC charges will be paid by MIDC.<br />

Easy disposal of storm water from the premises is also to be looked after by the contractor.<br />

Maintenance of lawn and shrubbery bed with watering in Udyog Bhavan premises for 12 month also<br />

included in the work.<br />

(3) CSC building @ Satpur :- CSC building @ Satpur is situated on Trimbak road in the side of<br />

State Bank of India. In this building on ground floor one common Ladies & Gents toilet is there. On<br />

first floor five suits & one dining hall of M.I.D.C. guest house is there. there are total six toilets in this<br />

guest house.<br />

Contractor<br />

- 16 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Daily Cleaning of all these toilets as above along with maintenance of drainage system for the entire<br />

building including removal of choke-ups if any, at the cost of contractor with all materials & labours<br />

is included in the scope of work.<br />

4 ) Old Flatted factory building @ Satpur :- It is situated on plot No. 44/15 on street No. 13 in<br />

Satpur Indl. Area. There are two common toilets in this building. Daily cleaning of these toilets,<br />

maintenance of drainage system for the entire building including removal of choke-ups if any, etc.<br />

including all materials & labour is included in the scope of work.<br />

5) Staff Colony @ Satpur :- It is situated along Trimbak road infront of Satpur Bus Stand. There<br />

are Six bunglows, one three storied, six two storied and two single storied building in this colony. One<br />

community hall is also there is the colony. Daily cleaning of common passages, stairs, internal roads,<br />

courtyards of bungalows, community hall with toilet in it is included in the scope of work. Removal of<br />

choke-ups in the drainage system, maintenance of drainage system, periodic cleaning of septic tank,<br />

easy disposal of storm water is also included in the scope of work.<br />

All the materials, labour, tools and plants required for above work is to be provided by the contractor<br />

at his own cost.<br />

NOTE:- If the Housekeeping of any building / structure mentioned in the <strong>tender</strong> is deleted<br />

payment of the housekeeping work will not be made. No extra claims for the amount<br />

or quantity are entertained.<br />

A) Scope of Contract:<br />

1. Award of contract against the <strong>tender</strong> shall not entitle the contractor the exclusive right to carry<br />

out MIDC’s job covered under this contract.<br />

2 MIDC also reserves the right to get the services from outside or execute departmentally at its<br />

discretion the unexpected job of the contractor at the cost and risk of the contractor.<br />

3 MIDC reserves the right to award the contract simultaneously to more than one contractor and<br />

also to award only a part of this contract against this <strong>tender</strong> at its discretion.<br />

4 The contract is liable to be terminated in case it is observed that the persons provided under the<br />

contract are not of required qualification or contractor is not fulfilling the terms & conditions of<br />

the contract. In such cases MIDC reserves the right to forfeit the earnest money<br />

deposit/security deposit etc.<br />

Contractor<br />

- 17 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

C) Qualification & Experience:<br />

1. The identity cards will be issued by contractor to his employee and same shall have to be kept with<br />

them. All employee/worker shall wear uni<strong>form</strong> approved by Engineer-In-charge.<br />

2. Persons employed by the contractor, shall have to be capable for reading & understanding &<br />

practicing safety/accident/caution signboards.<br />

3. The requirement of qualification, age and experience may be relayed at discretion of MIDC.<br />

4. The contractor should produce proof of age, qualifications and experience of his personnel to<br />

MIDC. No delay on this account will be acceptable.<br />

5. The contractor would be responsible for providing character and antecedent certificate from the<br />

police authorities in respect of selected candidates prior to there posting on MIDC jobs.<br />

6. The contractor shall discontinue its personnel if such personnel shown no alertness while on duty.<br />

In such cases, the contractor shall have to provide a replacement immediately.<br />

D) Working Day & Hour :<br />

1. The service of the personnel for carrying out the job work would be required on seven days a<br />

week depending on the working hours fixed by MIDC from time to time.<br />

2. The contractor shall provide adequate and timely substitute, in case of any absenteeism.<br />

E) Execution of Work<br />

1. The contractor shall execute the work with professional competence and in efficient workmen like<br />

manner.<br />

2. In<strong>form</strong>ation Confidential: All in<strong>form</strong>ation obtained by the contractor in the conduct of<br />

operation here under shall be confidential and shall not be divulged by the contractor or its employees<br />

to any person, firm or company other than the <strong>Corporation</strong>s designated representatives. The contractor<br />

should mention the number of personnel per each shift available at the site. The contractor shall at all<br />

times, permit the corporation and its authorized employees and representatives to inspect all works<br />

per<strong>form</strong>ed and to witness and check all measurements and test made in connection with the said work.<br />

3. Variation in Job Requirements: The contractor shall arrange manpower for the job requirement,<br />

which will vary from time to time depending on the <strong>Corporation</strong>’s requirements.<br />

F) Obligations<br />

1. For carrying out the work, the contractor shall :<br />

a) Arrange at his own cost to and fro transportation of all his own men and material to the<br />

working spot. Due to disruption of public transport, if the contract personnel are not relieved in time,<br />

Contractor<br />

- 18 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

the corporation will not be held responsible and the contract personnel will have to continue on duty<br />

till a reliever reaches the site.<br />

b) Make his own arrangement, at his own cost, for providing residential accommodation,<br />

traveling, meals, tea etc. to the staff engaged by him.<br />

2. It is further agreed by the contractor that :-<br />

a) His personnel shall observe security and safety rules of the corporation while at site.<br />

3. It is further agreed by the contractor that :-<br />

a) The contractor and the corporation shall maintain strict discipline and maintain good order<br />

among their respective employees and shall abide by and con<strong>form</strong> to all rules and regulations<br />

promulgated by the corporation. Should the corporation feel that the conduct of any of the contractors<br />

personnel is against corporation’s interest, the corporation shall notify the contractors in writing the<br />

reasons for requesting removal of such contractor’s personnel. The contractor shall remove and<br />

replace such employees at contractor’s expense within 24 hours from the time of the notice by the<br />

corporation in this regard. The corporation’s decision on the per<strong>form</strong>ance or behavior of an individual<br />

shall be final and shall be binding on the contractor.<br />

b) In the event of the corporation finds that the workmen/personnel deployed by the contractor are<br />

not of the required caliber or otherwise not satisfactory, owing to any reason of which the corporation<br />

shall be sole judge. The corporation will be entitled to reject such jobs, cancel the contract at the risk<br />

and cost of the contractor reserving always to itself the right to forfeit the security deposit furnished by<br />

the contractor for the fulfillment of the contract. If the services rendered by the contractor are found<br />

unsatisfactory, the corporation reserves the right to terminate the contract without notice and in such<br />

case the security deposit will be forfeited.<br />

c) The contractors personnel are liable for physical check up by competent authority as decided by<br />

the corporation from time to time.<br />

d) The contractors shall provide documentary evidence in respect of qualifications, age, and<br />

experience of the personnel he indents to post at the corporation against this contract. The corporation<br />

reserves the right to accept/reject any person being sent for the corporation’s approval.<br />

Contractor<br />

- 19 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

SPECIAL INSTRUCTIONS TO THE TENDERER<br />

“ Works Contract Act under <strong>Maharashtra</strong> value Added Tax Act. 2002”<br />

1) The <strong>tender</strong>ed rates shall be inclusive of all taxes, rates & cesses & shall also be<br />

inclusive of the tax leviable in respect of works contract under the provision of <strong>Maharashtra</strong><br />

value Added Tax Act. 2002.<br />

2) The contractors who submit the <strong>tender</strong>s should necessarily be a Registered Dealer<br />

under the of <strong>Maharashtra</strong> Value Added Tax Act 2002.<br />

3) The contractor shall submit the Registration Certificate as a registered dealer under<br />

the of <strong>Maharashtra</strong> value Added Tax Act, 2002. at the time of submission of <strong>tender</strong>s or at the time of<br />

issuing the work order.<br />

4) MIDC will deduct this tax at source at 2% (for registered dealer) & 4% (in any other<br />

case) of the value of work done as per section 31 of <strong>Maharashtra</strong> value Added Tax Act. 2002. &<br />

Notification No. VAT-1505/CR-123/ Taxation -1 Dt. 1/ 4 / 2005 . TDS Certificate to this effect will be<br />

issued by MIDC.<br />

Contractor<br />

- 20 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

TERMS AND CONDITIONS FOR THE REIMBURSEMENT OF TAXES/DUTIES.<br />

“Clause:- While submitting the <strong>tender</strong>, the contractor shall consider prevailing taxes and duties on the<br />

date of submission. In case there is statutory increase in the taxes / duties, the Contractor shall submit<br />

documentary evidence for the payment of the same. On verification of the documents, the<br />

reimbursement will be made if there is increase. In case there is reduction in the statutory taxes, duties,<br />

deduction will be effected. It may also be noted that this clause is not applicable if there is increase in<br />

the Octroi during execution of the work.”<br />

Contractor<br />

- 21 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

REGISTRATION UNDER CONTRACT LABOUR( Regulation & Abolition ) ACT -1970<br />

After submitting the <strong>tender</strong>, and if the work is awarded to the contractor, the <strong>tender</strong>er should<br />

produce the certified copy of registration in prescribed <strong>form</strong> issued by Labour Commissioner<br />

under Contract Labour (Regulation & Abolition) Act-1970, as an employer, as such as they are<br />

directly employing the workers for execution of the contract works awarded to him by<br />

M.I.D.C., and comply with the provisions of the Act. After acceptance of the <strong>tender</strong> by<br />

M.I.D.C., the contractor has to give intimation about the work order and get this particular<br />

work registered within a period of 15 days from the date of issue of work order, from<br />

Labour Commissioner under Contract Labour (Regulation & Abolition) Act-1970.<br />

Contractor<br />

- 22 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

CLAUSE FOR RECOVERY OF LABOUR CESS<br />

The Govt. of <strong>Maharashtra</strong> vide its decision dated 17/06/2010 has decided to recover labour cess on all<br />

the Construction works undertaken by Govt. Public Sector Undertaking and Municipal <strong>Corporation</strong>.<br />

Municipal Councils, Gram Panchayat etc. the Contractors are therefore requested to note that labour<br />

cess at 1% of the cost of Construction (excluding land cost) arrived at after deducting amount of<br />

Compensation if any paid to the workers or their relatives under workers compensation Act 1923 will<br />

have to be paid by them.<br />

The contractor shall initially pay 75% amount of the labour cess worked out on the basis of estimated<br />

cost or <strong>tender</strong>ed cost which ever is higher to the MIDC at the time of execution of agreement. Only<br />

after payment of the cess, work order shall be issued to the contractor.<br />

a) The actual cost of the work shall be assessed / arrived after one year from the date of work<br />

order or at time of pre final bill and the labour cess shall be worked out on the basis of actual<br />

cost of the work executed by the contractor. The balance amount of cess shall be recovered<br />

from pre-final / final bill.<br />

b) The final bill shall be paid to the Contractor after the recovery of balance amount of labour cess<br />

for the said work.<br />

Contractor<br />

- 23 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

INSURANCE OF CONTRACT WORK<br />

Contractor shall take out necessary Insurance Policy / Policies so as to provide adequate insurance<br />

cover for execution of the awarded contract work for total contract value and complete contract period<br />

from the "Directorate of Insurance, <strong>Maharashtra</strong> State, Mumbai" Only. Its postal address for<br />

correspondence is "264 MHADA, First Floor, Opp. Kalanagar, Bandra (East), Mumbai-400051."<br />

(Telephone Nos. 26590690/26590746 and Fax No. 26438461). Similarly, all workmen appointed to<br />

complete the contract work are required to be insured under workmen's compensation Insurance<br />

policy. Insurance Policy / Policies taken out from any other company will not be accepted.<br />

If any contractor have effected insurance with any Insurance Company, the same will not be accepted<br />

and the amount of premium calculated by the Directorate of Insurance will be recovered directly from<br />

the amount payable to the Contractor for the executed contract work.<br />

Contractor<br />

- 24 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

GENERAL SPECIFICATION AND ADDL. CONTRACT CONDITION<br />

1. The contractor shall provide adequate experienced persons / services as specified category at<br />

different location for the works of maintenance in the direction of engineer in charge .<br />

2. Orders issued by department from time to time shall be binding on the contractor.<br />

3. It will be the contractors responsibility to investigate specifications thoroughly so as to arrive at<br />

the rates quoted in the <strong>tender</strong>.<br />

4. It shall be the responsibility of the contractor to see that the services are made available<br />

immediately in case of requirement. If such services are not made available within given time<br />

the work shall be got executed by the department at the risk and cost of the agency.<br />

5. If the labourer does not attend the work the deduction shall be as per prevailing labour<br />

rates or as per the circular of MIDC.<br />

6. MATERIALS: -<br />

6.1 MIDC shall supply the materials, if and when required. The material so supplied shall be used<br />

for work in question only. The contractor shall maintain regular account of the receipts, the use of such<br />

materials to the satisfaction of the Engineer-in-charge and submit monthly statement there of. He shall<br />

keep the account of such materials in suitable books, which would be available for inspection to the<br />

Engineer-in-charge, whenever demanded. The contractor will be responsible for proper handling and<br />

safe custody of all materials delivered to him by the department.<br />

6.2 He shall make proper and economic use of all materials supplied by the department whether<br />

free of cost or on payment for utilization in the execution of the contract.<br />

6.3 All the surplus materials from those supplied by the Department to the contractor free of charge<br />

will be returned to the Department and delivered at places as directed and if any shortages are noticed<br />

in the materials or found in damaged or unserviceable condition, the cost there of as fixed by the<br />

Deputy Engineer will be recovered from the Contractor. All the surplus materials from those supplied<br />

by Department on payment shall neither be disposed off nor removed by the contractor without<br />

obtaining written permission of the Department to that effect as the Department shall have the option<br />

to take over such surplus materials at the issue rates.<br />

Contractor<br />

- 25 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

6.4 The contractor shall give at the time of taking delivery, receipts for all materials, pipes and<br />

specials etc. issued to him when those are issued free of cost to safe guard specially against wrong<br />

debit being raised by the contractor.<br />

7. WORKS: -<br />

7.1 The contractor shall not claim for compensation on account of reasonable variation in the depth<br />

of foundation or trenches.<br />

8. GENERAL: -<br />

8.1. The contractor shall make his own arrangement for water supply to the laborers for drinking<br />

purpose.<br />

Contractor<br />

- 26 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

GENERAL TERMS AND CONDITIONS<br />

1. Security Deposit<br />

The corporation shall be entitled to withhold the cash, security deposit, if any furnished as the case<br />

may be and also have a lien over the same, pending finalization or adjudication of any claim. In the<br />

event of security deposit being insufficient to cover the claimed amount or amounts or if so security<br />

has been taken from the contractor, the corporation shall be entitled to withhold and have a lien to the<br />

extent of sum or sums found payable to the contractor under the same contract or any other contract<br />

with the corporation or Government or any person contracting through the corporation pending<br />

finalization or adjudication of any such claim..<br />

It is agreed under the contract that the sum/sums of money so withheld or retained under the lien<br />

referred to above by the corporation will be withheld or retained as such by the corporation till the<br />

claim arising out of or under the contract is determined by the competent court and that the contractor<br />

will have no claim for interest or damages, whatsoever, on any account in respect of such withholding<br />

or retention under the lien referred to duly notified as such to the contractor, for the purpose of this<br />

clause. Where the contractor is a partnership firm, the <strong>Corporation</strong> will withhold and also have lien in<br />

respect of such claims in whole or in parts from any sum found payable to any partners/limited<br />

company, as the case may be whether in his individual capacity or otherwise. The corporation is not<br />

liable to pay any interest on the amounts so withheld.<br />

Lien in respect of claims in other contracts :<br />

Any sum of money due and payable to the contractor (including the security deposit returnable to him<br />

under the contract may be withheld or retained by way of lien by the corporation or Government<br />

against any claim of the corporation or Government with such other person or persons. It is agreed<br />

under the contract that the sum of money so withheld or retained under this clause will be duly notified<br />

to the contractor.<br />

2. Alternations to be Authorised :<br />

No alterations in or additions to or omission or abandonment of or variation in the contract of any part<br />

of the contract shall be deemed authorized except under instructions from the Addl. Chief Engineer of<br />

the corporation. Otherwise the contractor shall be liable for any consequences that may arise.<br />

Contractor<br />

- 27 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


3. Jurisdictions :<br />

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

All question, disputes and differences arising under, out of or in connection with the contract, shall be<br />

subject to the exclusive jurisdiction of the court within local, limits of courts of Nashik.<br />

4. Subletting and Assignments :<br />

The contractor shall comply with all statues/laws or the local authorities state and Central Govts. and<br />

shall indemnify the corporation from any default on their part.<br />

The whole of the work included in the contract shall be executed by the contractor and the contractor<br />

shall not directly or indirectly transfer, assign or underlet the contract of any part, share or interest<br />

there in nor shall taken a new partner without the written consent of the Executive Engineer, MIDC<br />

Nashik Dn. and no subletting shall relieve the contractor from the full and entire responsibilities<br />

obligations under the contract or from active superintendence of the work during the progress.<br />

No. variation i.e. addition or substitution shall vitiate the contract. The contractor shall be responsible<br />

for all injury to persons, animal or things and for all damages to the structural and or decorative part of<br />

property, which may arise from the operations and on neglect or fault of himself or of any<br />

sub/contractors employee, whether such injury or damage raised from carelessness. Theft, accident<br />

and other cause whatever in any way connected with the carrying out this contract.<br />

The corporation shall be at liberty and is hereby empowered to deduct from the security deposit the<br />

amount of any damages, compensation costs charges and expenses arising or occurring from or in<br />

respect of any claim or damage from any sum or sums due or any become due to the contractor.<br />

The contractor shall observe all the safety and security rules and regulations of the<br />

<strong>Maharashtra</strong>/Central Govt. which at present in force and which may come into force during the<br />

tendency of the contract any violation of any rule and regulation will lead to termination of the<br />

contract.<br />

The contractor shall execute this work in such a way as not be interfere with functioning of the office<br />

and also without any disturbance or damage into the structures and installations etc. within the campus.<br />

No property of the corporation shall be tempered with. In case of default, the damages as assessed by<br />

the authorized offer of the corporation, whose assessment shall be final and binding on the contractor,<br />

shall be payable by the contractor, who will have to pay the amount of damages within 7 days failing<br />

Contractor<br />

- 28 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

which the contract will be terminated and the damages shall be recovered from the running bill to the<br />

contractor are liable to be forfeited.<br />

Payment of corporate tax, personal tax provident fund of employees etc. of any Government or other<br />

bodies should be borne by the contractor.<br />

5. Failure & Termination :<br />

The corporation will be entitled to reject the work executed, cancel the contract and procure the<br />

services from other contractors/partners at the risk and cost of the contractor reserving always to itself<br />

the right to forfeit the security deposit furnished by the contractor for the due fulfillment of the<br />

contract.<br />

Breach of the conditions laid down by the <strong>Corporation</strong> shall entail termination of contract, the<br />

remainder of the work of the contractor will be got done through another agency/agencies at the risk<br />

and cost of the contractor and all amounts which may be due to the contractor are liable to be forfeited.<br />

Since the job completed under this contract will be logged and measured on daily basis the contractor<br />

is liable to forfeit the entire charges for the job completed in the full day in case it is found that the<br />

proportion of the job completed on that day is in complete due to shortage or incompetence of man<br />

power associated with job.<br />

In case the contractor fails to per<strong>form</strong> the contract work in any day. He shall not be paid for the work<br />

not per<strong>form</strong>ed for that day besides the contractor shall be liable to pay damages to the corporation on<br />

prorate basis.<br />

If the contractor fails to per<strong>form</strong> the duties as per the scope of work given to the satisfaction of the<br />

corporation, the corporation without prejudice to any other right or remedy available to it, may in<br />

addition recover damage for breach of the contract.<br />

If the corporation finds that the job executed is not of the requisite quality or according to specification<br />

or otherwise not satisfactory due to any reason (on which the decision of the corporation shall be final<br />

and binding on the contractor).<br />

The corporation shall be entitled to recover damages on account of procuring services from elsewhere<br />

or getting the remaining work executed departmentally after servicing notice on the contractor, such<br />

work shall be procured from outside or executed departmentally at the sole risk, and cost of the<br />

Contractor<br />

- 29 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

contractor for completing the work, which may be lift unexecuted by the contractor after canceling the<br />

contract for a portion thereof in respect of the unexpected work.<br />

6. Indemnity<br />

The contractor shall indemnify corporation and hold it harmless in respect of any and all cost, expenses<br />

arising from any such injury or damage to persons or property as aforesaid and also in respect of any<br />

claim or proceedings at law and also in respect of any award of compensation or damage arising there<br />

from.<br />

The contractor shall indemnify the corporation against all claims which may be made against the<br />

corporation by any member of the public or other third party in respect of any thing which may arise in<br />

respect of the work or in consequence thereof and caused by the negligence of the contractor or his<br />

representative employees.<br />

7. Force Majeure:<br />

In the event of either party being rendered unable due to force majeure to per<strong>form</strong> any obligation<br />

required to be per<strong>form</strong>ed by them under the contract, the relative obligation of the party affected by<br />

such force majeure shall upon notification to the other party be suspended for the period of delay<br />

which is directly caused by such force majeure event. The term “Force Majeure” means any delay or<br />

default caused by the conditions beyond the control of the parties including, but not limited to acts of<br />

God, Government, restrictions, wars, insurrections and/or any other cause beyond the reasonable<br />

control of the parties. Upon the occurrence of such event the party alleging the it has been rendered<br />

unable as aforesaid thereby, shall notify the other party (the <strong>Corporation</strong>) in writing within 18 hours of<br />

the alleged beginning and ending of such an event thereof giving full particulars & satisfactorily<br />

evidence in support of the claim. Time for per<strong>form</strong>ance of the relative obligations rendered suspended<br />

by the force majored and shall then be extended by the period of delay, which is directly caused by the<br />

majeure event. If deliveries of bought out items and/or works to be executed by the contractor remain<br />

suspended due to force majeure condition lasting for more than two months the corporation shall have<br />

option of terminating the contract in whole or part thereof, at corporation’s discretion.<br />

Contractor<br />

- 30 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

UNDERTAKING IN FORMAT FROM CONTRACTOR<br />

CLAUSE FOR M.I.D.C.’s EX-EMPLOYEE<br />

I/We hereby declare that the <strong>form</strong>ation of our company, either by way of partnership or consultant, no<br />

M.I.D.C.’s Ex-Employee has been on the enrollment of the company.<br />

It is further to certify that the Ex-Employee of the MIDC, who has joined the company, has completed<br />

02 years from his date of resignation from M.I.D.C. or from the date of retirement from M.I.D.C.,<br />

Date :- Signature of Contractor.<br />

Place :-<br />

NOTE:- Contractor should furnish the above in<strong>form</strong>ation separately<br />

in envelope No.1<br />

Contractor<br />

- 31 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

G. R., P. W. D., Nos. 88/36, dated P.W.D.286 e.<br />

20-3-40, 10-6-40, 1-7-40, 6-5-41,<br />

5-10-42. 12-11-42, and 5-7-44 &<br />

G.R.,P.W.D.No.ELW1056-Sdated<br />

26-1-57 and G.M.,P.W.D., No. ELW<br />

1056/165950 dated 4-1-58.]<br />

P.W.Department.<br />

FORM ‘B-2’<br />

CIRCLE.<br />

DIVIISION<br />

Item Rate Tender and Contract for Works<br />

General Rules and Directions for the Guidance of Contractors<br />

1. All work proposed to be executed by contract shall be notified in a <strong>form</strong> of invitation to<br />

<strong>tender</strong> posted on a board hung up in the office of the Executive Engineer and signed by the<br />

Executive Engineer. This <strong>form</strong> will state the work to be carried out, as well as the date for<br />

submitting and opening <strong>tender</strong>s and the time allowed for carrying out the work; also the<br />

amount of earnest money to be deposited with the <strong>tender</strong>, and the amount of the security<br />

deposit to be deposited by the successful <strong>tender</strong>er and the percentage, if any, to be<br />

deducted from bills. It will also state whether a refund of quarry fees, royalties, octroi dues<br />

and ground rents will be granted. Copies of the specifications, designs and drawings and<br />

estimated rates, scheduled rates and any other documents required in connection with the<br />

work which will be signed by the Executive Engineer for the purpose of identification shall<br />

also be open for inspection by contractors at the office of the Executive Engineer during<br />

office hours. Where the works are proposed to be executed according to the specifications<br />

recommended by a contractor and approved by a competent authority on behalf of the<br />

Government of <strong>Maharashtra</strong> such specification which designs and drawings shall <strong>form</strong> part<br />

of. the accepted <strong>tender</strong>.<br />

2. In the event of the <strong>tender</strong> being submitted by a firm, it must be signed by each partner<br />

thereof, and in the event of the absence of any partner, it shall be signed on his behalf by a<br />

person holding a power-of-autorney authorising him to do so.<br />

3. Receipts for payments made on account of any work, executed by a firm, should also<br />

be signed by all the partners, except where the contractors are described in their <strong>tender</strong> as<br />

a firm, in which case the receipts shall be signed in the name of the firm by one of the<br />

partners, or by some other person having authority to give effectual receipts for the firm.<br />

4. Any person who submits a <strong>tender</strong> shall fill up the usual printed <strong>form</strong> including the<br />

column total according to estimated quantities, stating at what rate he is willing to undertake<br />

each item of the work. Tenders which propose any alteration in the work specified in the said<br />

<strong>form</strong> of invitation to <strong>tender</strong>, or in the time allowed for carrying out the work, or which contain<br />

any other conditions of any sort, will be liable to rejection. No single <strong>tender</strong> shall include<br />

more<br />

than one work, but contractors who wish to <strong>tender</strong> for two or more works shall submit a<br />

-separate <strong>tender</strong> for each. Tender shall have the name and the number of the work to which<br />

they refer written outside the envelope.<br />

5. The Executive Engineer or his duly authorized Assistant will open <strong>tender</strong>s in the<br />

presence of any intending contractors who may be present at the time, and will enter the<br />

amounts of the several <strong>tender</strong>s in a comparative statement in a suitable <strong>form</strong>. In the event<br />

of a <strong>tender</strong> being accepted, the contractor shall thereupon, for the purpose of identification,<br />

sign copies of the specifications and other documents mentioned in Rule 1. In event of a<br />

<strong>tender</strong> being rejected, the Divisional Officer shall authorize the Officer concerned to refund<br />

the amount of the earnest money deposited to the contractor making the <strong>tender</strong>, on his<br />

giving<br />

a receipt for the return of the money.<br />

6. The Officer competent to dispose of the <strong>tender</strong> shall have the right of rejecting all or<br />

any of the <strong>tender</strong>s.<br />

7. No receipt for any payment alleged to have been made by a contractor in regard to<br />

any matter relating to this <strong>tender</strong> or the contract shall be valid and binding on M.I.D.C.it<br />

unless<br />

Contractor<br />

- 32 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

(a) If several subworks<br />

are included they<br />

should be detailed in a<br />

separate list.<br />

(c) The amount of<br />

earnest money to be<br />

deposited shall be in<br />

accordance with the<br />

provisions of<br />

paragraphs 202 and<br />

203 of the Public<br />

Works Department<br />

Manual.<br />

(d) This deposit shall<br />

be in accordance with<br />

paragraphs 203<br />

and 209 of the Public<br />

Works Department<br />

Manual.<br />

(e) This percentage<br />

where no security<br />

deposit is taken, will<br />

vary from 5 per cent to<br />

10 percent according<br />

to the requirements of<br />

the case. Where<br />

security deposit is<br />

taken, see note to<br />

Clause 1 of conditions<br />

of contract.<br />

(f) Give schedule were<br />

necessary showing<br />

dates by which the<br />

various items are to be<br />

completed<br />

Amount to be<br />

specified in words and<br />

figures.<br />

** Strike out (a) if is no<br />

cash security deposit<br />

is to be taken<br />

Signature of contractor<br />

before submission of<br />

<strong>tender</strong>.<br />

+ Signature of witness<br />

contractor's signature'<br />

Signature of the Officer<br />

by whom accepted.<br />

Tender for the supply of Materials<br />

I/We hereby <strong>tender</strong> for the execution for the Governor of <strong>Maharashtra</strong><br />

(hereinbefore and hereinafter referred to as "M.I.D.C.") of the work<br />

specified in the underwritten memorandum within the time specified in such<br />

memorandum at the <strong>tender</strong>ed rates specified in Schedule B (memorandum<br />

showing items of work to be carried out) and in accordance in all respects<br />

with the specifications, design: drawings, and instructions in writing<br />

referred to in Rule 1 hereof and in clause 13 of the annexed conditions of<br />

contract and agree that when materials for the work are provided by<br />

M.I.D.C. to such materials and the rates to be paid for them shall be as<br />

provided in Schedule A hereto.<br />

MEMORANDUM<br />

a) General description:- M&R TO N.R.BUILDING & WATER<br />

SUPPLY SCHEME @ NASHIK INDUSTRIAL AREA…<br />

HOUSEKEEPING OF UDYOG BHAVAN BUILDING, CSC<br />

BUILDING, OLD FLATTED FACTORY BUILDING AND STAFF<br />

COLONY @ SATPUR.<br />

(b) Estimated cost Rs. 9,37,685.00<br />

(c) Earnest Money Rs. 9,400.00<br />

(d) Security deposit<br />

(i) Cash (not less than the amount of earnest money. (3%) Rs 28,200.00<br />

(ii) To be deducted from current bill (5%) Rs. 46900.0<br />

Total Rs. 75100.00<br />

(e) Percentage, if any, to be deducted from bills so as to make up the total<br />

amount required as security deposit by the time half the work, as measured<br />

by the cost, is done Eight per cent.<br />

(f) Time allowed for the work from the date of written order to commerce<br />

Twelve Months including Monsoon.<br />

Should this <strong>tender</strong> be accepted, I/we hereby agree to abide by and fulfil all<br />

the terms and the provisions of conditions of contract annexed hereto, so<br />

far as applicable, and in default thereof, to forfeit and pay to the MIDC the<br />

sum of money mentioned in the said conditions.<br />

Receipt No. dated from the Government<br />

Treasury<br />

or Sub Treasury at in respect of sum Rs. *<br />

is<br />

herewith forwarded representing the earnest money (** (a) the full value of<br />

which is to be absolutely forfeited to MIDC should I/we. not deposit the full<br />

amount of security deposit specified in the above memorandum in<br />

accordance with clause 1 (A) of the said conditions, otherwise the said<br />

sum of Rs.<br />

shall be refunded.]<br />

Contractor<br />

Address<br />

Dated the day of 2012.<br />

(Witness)+<br />

(Address)<br />

(Occupation)<br />

The above <strong>tender</strong> is hereby accepted by me on behalf of the Mah. Ind.<br />

Dev. Corp.<br />

for Rs. (Rs. )<br />

Contractor<br />

- 33 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Dated the day of 2012.<br />

it is signed by the Executive Engineer.<br />

8. The memorandum of work to be <strong>tender</strong>ed for and the schedule of materials to be<br />

supplied by the Public Works Department and their rates shall be filled in and<br />

completed by the office of the Executive Engineer before the <strong>tender</strong> <strong>form</strong> is issued. If a<br />

<strong>form</strong> issued to an intending <strong>tender</strong>er has not been so filled in and completed, he shall<br />

request the said office to have this done before he completes and delivers his <strong>tender</strong>.<br />

9. All work shall be measured net by standard measure and according to the rules and<br />

custom of the Mah. Ind. Dev. Corp. ent without reference to any local custom.<br />

10. Under no circumstances shall any contractor be entitled to claim enhanced rates<br />

for any items in this contract.<br />

11. Every contractor shall, unless exempted in writing by the Superintending Engineer<br />

concerned, produce along with his <strong>tender</strong>, a solvency certificate from the Collector of<br />

the District within which he resides, or a banker's certificate, of his financial stability. If<br />

he fail to produce such a certificate his <strong>tender</strong> will not be considered.<br />

12. All corrections and additions or pasted slips should be intialied.<br />

13. The measurements of work will be taken according to the usual method in use in<br />

the M.I.D.C. and no proposals to adopt alternative methods will be accepted. The<br />

Executive Engineer's decision as to what is "the usual method in use in the MIDC will be final."<br />

Conditions of Contract.<br />

Clause 1 -The person/persons whose <strong>tender</strong> may be accepted (hereinafter called the<br />

contractor, which expression shall unless exclused by or repuganant to the context<br />

increase his heirs, excutors, administrator, and assigns.) shall (A) within 10 days<br />

(which may be extended by the Superintending Engineer concerned upto 15 days if the<br />

Superintending Engineer thinks fit to so) if the receipt by him of the notification of the<br />

acceptance of his <strong>tender</strong> deposit with the Executive Engineer in cash or Govt.<br />

securities endorsed to the Executive Engineer (if deposited for more than 12 months)<br />

of sum sufficient which will made up the full security deposit specified in the <strong>tender</strong> or<br />

(B) (Permit Government at the time of making any payment to him for work done under<br />

the contract to deduct such as well amount to percent of all money so payable such<br />

deductions to be held by MI DC by way of security deposits) Provided always that in<br />

the event of the contractor deposit in a lump sum by way of security deposit as<br />

contemplated at (A) above, then and in such case, if the sum so deposited shall not<br />

amount to 4 percent of the total estimated cost of the work, if shall be lawful for MIDC,<br />

at the time of making any payment to the contractor for work done under the contract to<br />

make up the full amount of percent by deducting a sufficient sum from every such<br />

payment as last aforesaid until the full amount of the security deposit is made up. All<br />

compensation or other sums of money payable by the contractor to MIDC under the<br />

terms of his contract may be deducted from or paid by ths sale of sufficient part of his<br />

security deposit or from the interest become due by MIDC to the contractor under any<br />

other contract or transaction if any nature on any account what soever and in the event<br />

of security deposit being reduced by reason of any such deduction or sale as<br />

aforesaid, the contractor shall, within ten days there after, make good in cash or<br />

Government securities endorsed as aforesaid any sum or sums which may have been<br />

deducted from or raised by sale of his security deposit any part there for. The security<br />

deposit referred to, when paid in cash may, at the cost of the deposit or, be converted<br />

into interest bearing securities provided that the depositor has expressly desired this in writting.<br />

If the amount of the security deposit to be paid in a lump sum within the period<br />

specified at (A) above is not paid, the <strong>tender</strong>/contract already accepted shall be<br />

considered as cancelled and legal step taken against the contractor for recovery of the<br />

amounts. The amount of the security deposit lodged by a contractor shall be refunded<br />

along with the payment of the final bill if the date upto which the contractor has agreed<br />

to maintain the work in good order is over. If such date is not over, only 90% amount of<br />

security deposit shall be refunded along with payment of the final bill. The amount of<br />

security deposit retained by the MIDC shall be released after expiry of period upto which<br />

the contractor has agreed to maintain the work in good order is over. In the event of the<br />

contractor failing or neglecting to complete rectification work within the period upto<br />

which the contractor has agreed to maintain the work in good order, the subjects to<br />

provision of clauses 16 and 19 here of the amount of security deposit retained by MIDC<br />

shall be adjusted toward the excess cost incurred by the department on rectification work.<br />

Security<br />

Deposit<br />

Contractor<br />

- 34 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Compensation<br />

for delay<br />

Rs.500/-<br />

per day<br />

Clause 2 The time allowed for carrying out the work as entered in the <strong>tender</strong> shall be strictly<br />

observed by the contractor and shall be reckoned from the date on which the order to<br />

commence work is given to the contractor. The work shall throughout the stipulated period of<br />

the contract be proceeded with, with all due diligence (time being deemed to be of the essence<br />

of the contract on the part of the contractor) and the contractor shall pay as compensation an<br />

amount equal to one per cent, or such smaller amount as the Superintending Engineer (whose<br />

decision in writing shall be final) may decide of the amount of the estimate; cost of the whole<br />

work as shown by the <strong>tender</strong> for every day that the work remains uncommenced, or unfinished,<br />

after the proper dates. And further to ensure good progress during the execution of the work,<br />

the contractor shall be bound, in all cases in which the time allowed for any work exceeds one<br />

month to complete.<br />

Action when<br />

whole of<br />

security<br />

deposit is<br />

forfieted.<br />

* Note. The quantity of work to be done within a particular time to be specified above<br />

shall be fixed by the Officer competent to accept the contracts after taking into<br />

considerationthe circumstances of each case and inserted in the blank space kept for the<br />

purpose. and abide by the programme of detailed progress laid down by the Executive<br />

Engineer. The following properties will usually be found suitable :<br />

In 1/4 1/2 3/4 of the time.<br />

Reasonable progress of earth work 1/6 1/2 3/4 of the total value of the<br />

work to be done.<br />

do. do. of masonry work 1/10 4/10 8/10 do. do.<br />

In the event of the contractor failing to comply with these conditions he shall be liable to pay as<br />

compensation an amount equal to one per cent or such smaller amounts as the<br />

Superintending Engineer (whose decision in writting shall be final) may decide of the said<br />

estimated cost of the whole work for every day that the due quantity of work remains<br />

incomplete : Provided always that the total amount of compensation to be paid under the<br />

provisions of this clause shall not exceed 10 per cent of the estimated cost of the work as<br />

shown in the <strong>tender</strong>.<br />

Clause 3. In any case in which under any clause or clauses of this contract the contractor shall<br />

have rendered himself liable to pay compensation amounting to the whole of his security<br />

deposit (whether paid in one sum or deducted by installments) or in the case of abandonment<br />

of the work owing to serious illness or death of the contractor or any other cause, the Executive<br />

Engineer on behalf of the M.I.D.C. shall have power to adopt any of the following courses as he<br />

may deem best suited to the interest of M.I.D.C.<br />

(a) To rescind the contract (of which recission notice in writing to the contractor under the hand<br />

of the Executive Engineer shall be conclusive evidence), and in that case the security deposit<br />

of the contractor shall stand forfeited and be absolutely at the disposal of M.I.D.C.<br />

(b) To employ labour paid by the M.I.D.C. and to supply materials to carry out the work, or any<br />

part of the works, debiting the contractor with the cost of the labour and the price of the<br />

materials (as to the correctness of which cost and price the certificate of the Executive<br />

Engineer shall be final and conclusive against the contractor) and crediting him with the value<br />

of the work done, in alt aspects in the same manner and at the same rates as if it had been<br />

carried out by the contractor under the terms of his contractor; and in. that case the certificate<br />

of the executive Engineer as to the value of the work done shall be final and conclusive against<br />

the contractor.<br />

(c) To order that the work of the contractor be measured up and to take such part thereof, as<br />

shall be unexecuted out of his hands, and to give it to another contractor to complete, in which<br />

case any expenses which may be incurred in excess of the sum which would have been paid to<br />

the original contractor, if the whole work had been executed by him (as to the amount of which<br />

excess expenses the certificate in writing of the Executive Engineer shall be final and<br />

conclusive) shall be borne and paid by the original contractor or otherwise or and shall be<br />

deducted from any money due to him by Govt. under the contract from his security deposit or<br />

the proceeds of sale thereof, a sufficient part thereof.<br />

In the event of any of the above courses, being adopted by the Executive Engineer the<br />

contractor shall have no claim to compensation for any loss sustained by him by reason of his<br />

having purchased, or procured any material, or entered into any engagements, or made any<br />

advances on account of or with a view to the execution of the work or the per<strong>form</strong>ance of the<br />

contract. And in case the contract shall be rescinded under the provision aforesaid the<br />

Contractor<br />

- 35 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

contractor shall not be entitled to recover or be paid any sum for any work thereto for<br />

actuallyper<strong>form</strong>ed by him under this contract unless and untill the Executive Engineer shall<br />

have certified in writing the per<strong>form</strong>ance of such work and the amount payable to him in<br />

respect thereof, and he shall only be entitled to be paid the amount so certified.<br />

Clause 4.- If the progress of any particular portion of the work is unsatisfactory the Executive<br />

Engineer shall notwithstanding that the general progress of the work is satisfactory in<br />

accordance with clause 2, be entitiled to take action under clause 3 (b) after giving the<br />

contractor 10 days' notice in writing and the contractor will have no claim for compensation, for<br />

any loss sustained by him owing to such action.<br />

Clause 5. - In any case in which any of the powers conferred upon the Executive Engineer by<br />

clauses 3 and 4 hereof shall have become exercisable and the same shall not have been<br />

exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof<br />

and such powers shall notwithstanding be exercisable in any future case of default by the<br />

contractor for which by any clause or clauses hereof he is declared liable to pay compensation<br />

amounting to the whole of his security deposit and the liability of the contractor for past and<br />

future compensation shall remain unaffected. In the event of the Executive Engineer taking<br />

action under sub-clause (a) or (c) of clause 3. he may if he so desires take possession of all or<br />

any tools, plant, materials and stores, in or upon the works or the site thereof or belonging to<br />

the contractor, or procured by him and intended to be used for the execution of the work or any<br />

part, thereof, paying or allowing for the same in account at the contract rates, or in the case of<br />

contract rates not being applicable, at current market rates, to be certified by the Executive<br />

Engineer whose certificate thereof shall be final. In the alternative the Executive Engineer may,<br />

by notice in writing to the contractor or his clerk of the works, foreman or other authorized<br />

agent require him to remove such tools, plant, materials or stores from the premises within a<br />

time to be specified in such notice; and in the event of the contractor failing to comply with an<br />

such requisition, the Executive Engineer may remove them at the contractor's expenses or sell<br />

them by auction or private sale at the risk and account of the contractor in all respects, and the<br />

certificate of the Executive Engineer as to the expenses of any such removal, and the amount<br />

of the proceeds and expense of any such sale shall be final and conclusive against the<br />

contractor.<br />

Clause 6. If the contractor shall desire an extension of the time for completion of the work on<br />

the ground of his having been unavoidably hindered in its execution on any other ground, he<br />

shall apply in writting to the Executive Engineer before the expiation of the period stipulated in<br />

the <strong>tender</strong> or before the expiration of 30 days from the date to which he was hindered as<br />

aforesaid or on which the cause for asking for extension occured whichever is earlier is and the<br />

Executive Engineer may if in his opinion here are reasonable grounds for granting an<br />

extension, grant such extension as he thinks necessary or proper. The decision of the<br />

Executive Engineer in this matter shall be final.<br />

Clause 7. On completion of the work the contractor shall be furnished with a certificate by the<br />

Executive Engineer (hereinafter called the Engineer-in-charge) of such completion but no such<br />

certificate shall be given nor shall the work be considered to be complete until the contractor<br />

shall have removed from the premises on which the work shall have been executed all<br />

scaffolding, surplus materials and rubbish, and shall have cleaned off the dirt from all<br />

woodwork, doors, windows, walls, floor or other parts of any building in or upon which the work<br />

has been executed, or of which he may have possession for the purpose of executing the<br />

work, or of which he may have had possession for the purpose of executing the work, nor until<br />

the 'works shall have been measured by the Engineer-in-charge or where the measurements<br />

have been taken by his subordinates until they have received the approval of the Engineerincharge,<br />

the said measurements being binding and conclusive against the contractor. If the<br />

'contractor shall fail to comply with the requirements of this clause as to the removal of<br />

scaffolding surplus materials and rubbish and cleaning off dirt on or before the date fixed for<br />

the completion of the work the Engineer-in-charge may at the expenses of the contractor,<br />

remove such scaffolding surplus materials and rubbish and dispose of the same as he thinks<br />

fit and clean off such dirt as aforesaid; and the contractor shall forthwith pay the amount of all<br />

expenses so incurred, but shall have no claim in respect of any such scaffolding or surplus<br />

materials as aforesaid except for any sum actually realized by the scale thereof.<br />

Clause 8. No payment shall be made for any work, estimated to cost less than rupees one<br />

thousand, till after the whole of the said work shall have been completed and a certificate of<br />

completion given. But in the case of works estimated to cost more than rupees one thousand,<br />

the contractor shall, on submitting a monthly bill therefor, be entitled to receive payment<br />

proportionate to the part of the work then approved and passed by the Engineer-<br />

Action when the<br />

progress of any<br />

particular portion<br />

of the work is<br />

unsatisfactory.<br />

Contractor<br />

remains liable to<br />

pay compensation<br />

if action not taken<br />

under clause 3<br />

Power to take<br />

possession of or<br />

require removal of<br />

or sell contractor's<br />

plant<br />

Extension of time<br />

Final Certificate<br />

Payments on<br />

intermediate<br />

certificate<br />

to be regarded as<br />

advances.<br />

Contractor<br />

- 36 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Payment at<br />

reduced rates<br />

on account of'<br />

items of work<br />

not accepted<br />

as completed<br />

to be at the<br />

discretion of<br />

the Engineer-in<br />

charge<br />

Bills to be<br />

submitted<br />

monthly.<br />

Bills to be<br />

submitted<br />

monthly<br />

Stores supplied<br />

by Government<br />

Works to be<br />

executed<br />

in accordance<br />

with<br />

specifications,<br />

drawings,<br />

orders etc.<br />

in-charge, whose certificate of such approval and passing of the sum so payable shall be final<br />

and conclusive against the contractor. All such intermediate payments shall be regarded as<br />

payments by way of advance against the final payments only and not as payments for work<br />

actually done and completed, and shall not preclude the Engineer-in-charge from requiring bad,<br />

unsound, imperfect or unskillful work to be removed and taken away and reconstructed, or reerected,<br />

nor shall any such payment be considered as an admission of the due per<strong>form</strong>ance of<br />

the contract or any part thereof in any respect or the accruing of any claim nor shall it conclude,<br />

determine affect in any way the powers of the Engineer-in-charge as to the final settlement and<br />

adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final<br />

bill shall be submitted by the contractor within one month of the date fixed for the completion of<br />

the work, otherwise the Engineer-in-charge's certificate of the measurement and of the total<br />

amount payable for the work shall be final and binding on all parties.<br />

Clause 9. - The rates for several items of works estimated to cost more than Rs. 1,000r agreed to<br />

within, shall be valid only when the items concerned is accepted as having been completed fully<br />

in accordance with the sanctioned specifications. In cases where the items of work are not<br />

accepted as so completed the Engineer-in-charge may make payment on account of such items<br />

at such reduced rate as he may consider reasonable in the preparation of final or on account bills.<br />

Clause 10. - A bill be submitted by the contractor each month on or before the date fixed by the<br />

Engineer-in-charge for all work executed in the previous month, and the Engineer-incharge shall<br />

take or cause to be taken the requisite measurement for the purpose of having the same verified,<br />

and the claim, so far as it is admissible, shall be adjusted, if possible, within ten days from the<br />

presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid,<br />

the Engineer-in-charge may depute a subordinate to measure up the said work in the presence of<br />

the contractor or his duly authorized agent whose counter signature to the measurement list shall<br />

be sufficient warrant and the Engineer-in-charge may prepare a bill from such list which shall be<br />

binding on the contractor in all respects.<br />

Clause 11. - The contractor shall submit all bills on the printed <strong>form</strong>s to be had on application at<br />

the office of the Engineer-in-charge. The charges to be made in the bills shall always be entered<br />

at the rates specified in the <strong>tender</strong> or in the case of any extra work ordered in pursuance of these<br />

conditions, and not mentioned or provided for in the <strong>tender</strong>, at the rates hereinafter provided for<br />

such work.<br />

Clause 12.If the specification or estimate of the work provides for the use of any special<br />

description of materials to be supplied from the M.I.D.C. store or if it is required that the contractor<br />

shall use certain stores to be provided by the Engineer-in-charge (such material and stores, and<br />

the prices to be charged therefor as hereinafter mentioned being so far as practicable for the<br />

convenience of the contractor but not so as in any way to control the meaning or effect of this<br />

contract specified in the schedule or memorandum here to annexed) the contractor shall be<br />

supplied with such materials and stores as may be required from time to time to be used by him<br />

for purposes of the contract only, and the value of the full quantity of materials and stores so<br />

supplied shall be set off or deducted from any sums then due, or thereafter to become due to the<br />

contractor under the contract, or otherwise, or from the security deposit, or the proceeds of sale<br />

thereof; if the deposit is held in Government securities, the same or a sufficient portion thereof<br />

shall in that case be sold for the purpose. All materials supplied to the contractor shall remain the<br />

absolute property of M.I.D.C. at, and shall on no account be removed from the site of the work,<br />

and shall at all times be open to inspection by the Engineer-in-charge. Any such materials unused<br />

and in perfectly good condition at the time of completion or determination of the contract shall be<br />

returned to the Public Works Department store, if the Engineer-in-charge so requires by a notice<br />

in writting given under his hand; but the contractor shall not be entitled to return any such material<br />

except with such consent and shall have no claim for compensation on account of any such<br />

material supplied to him as aforesaid but remaining unused by him or for any wastage in or<br />

damage thereto.<br />

Clause 13. The contractor shall execute the whole and every part of the work in the most<br />

substantial and work manlike manne, and both as regards materials and in every other aspect in<br />

strict accordance with the specifications. The contractor shall also con<strong>form</strong> exactly fully and<br />

faithfully to the designs, drawings, and instructions in writing relating to the work signed by the<br />

Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have<br />

access for the purpose of inspection at such office, or on the site of the work during office hours,<br />

and the contractor shall, if he so requires, be entitled at his own<br />

Contractor<br />

- 37 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

expense to make or cause to be made copies of the specifications, and of all such designs,<br />

drawings, as instructions and aforesaid.<br />

Clause 14. - The Engineer-in-charge shall have power to make any alterations in, or<br />

additions to, the original specifications, drawings, designs, and instructions, that may appear<br />

to him to be necessary or advisable during the process of the work, and the contractor shall<br />

be bound to carry out the work in accordance with any instructions in this connections which<br />

may be given to him in witting signed by the Engineer-in-charge and such alteration shall not<br />

invalidate the contract; and any additional work which the contractor may be directed to do in<br />

the manner above specified as part of the work shall be carried out by the contractor on the<br />

same conditions in all respects on which he agreed to do the main work, and at the same<br />

rates as are specified in the <strong>tender</strong> for the main work. And if the additional and altered work<br />

includes any class of work for which no rate is specified in this contract, then such class of<br />

work shall be carried out at the rates entered in the Schedule of Rates of the Division or at<br />

the rates mutually agreed upon between the Engineer-in-charge and the contractor,<br />

whichever are lower. If the additional or altered work, for which no rate is entered in the<br />

Schedule of Rates of the Division, is ordered to be carried out before-the rates are agreed<br />

upon then the contractor .shall, within seven days of the date of receipt by him of the order<br />

to carry out the work, in<strong>form</strong> the Engineer-in-charge of the rates of which it is his intention to<br />

charge for such class of work, and if the engineer-in-charge does not agree to this rate he<br />

shall by notice in writing be at liberty to cancel his order to carry out such class of work, and<br />

arrange to carry it out in such a manner as he may consider advisable, provided always that<br />

if the contractor shall commence work or incur any expenditure in regard thereto before the<br />

rates shall have been determined as lastly hereinbefore mentioned, then in such case he<br />

shall only be entitled to be paid in respect of the work carried out or expenditure incurred by<br />

him prior to the date of<br />

the determination of the rate as aforesaid according to such rate or as shall be fixed by the<br />

Engineer-in-charge. In the event of a dispute, the decision of the Superintending Engineer of<br />

the Circle will be final. Where, however, the work is to be executed according to the designs,<br />

drawing and specifications recommended by the contractor and accepted by the competent<br />

authority the alterations above referred to shall be within the scope of such design, drawings<br />

and specifications appended to the <strong>tender</strong>. The time limit for the completion of the work shall<br />

be extended in the proportion that the increase in its cost occasioned by alteration or<br />

additions bear to the cost of the original contract work, and the certificate of the Engineer-incharge<br />

as to such proportion shall be conclusive.<br />

Clause 15. - If at any time after the execution of the contract the Engineer shall for any<br />

reason whatsoever (other than default on the part of the contractor for which the<br />

Government is entitled to rescind the contract) desire that the whole or any part of the work<br />

specified in the <strong>tender</strong> should be suspended for any period or that the whole or part of the<br />

work should not be carried out at all shall give to the contractor a notice writing of such<br />

desire and upon the receipt of which notice the contractor shall for with suspend or stop the<br />

work wholly or in part as required after having due regard of the appropriate stage at which<br />

the work should be stopped or suspended so as not no cause any damage or injury to the<br />

work already done or endanger the safet there of provided that the decision of the engineer<br />

as to the stage at which the work or any part of it could be or could have been safely<br />

stopped or suspended shall be final and conclusive against the contractor. The contractor<br />

shall have no claim to any payment of compensation whatsoever by reason of or in<br />

persuance of any notice aforesaid on account of any suspension stoppage or curtailment<br />

except to the extent specified hereinafter.<br />

2. Where the total suspension of work ordered as aforesaid continued for a contineous<br />

period exceeding 90 days the contractor shall be at liberty to withdrew from the contractural<br />

obligations under the contract so far as it pertains to the unexecuted part of the work by<br />

giving<br />

a 10 days prior notice in writing to the Engineer within 30 days of the expiry of the said<br />

period<br />

of 90 day of such intention and required the Engineer to record the final such notice the<br />

contractor shall be deemed to pay the final bill. Upon giving such notice the contractor shall<br />

be deemed to have been discharged from his obligation to complete the remaining<br />

unexecuted work under this contract. On receipt of such notice, the Engineer shall proceed<br />

to complete<br />

the measurement and make such payment as may be finally due to the contractor within a<br />

period of 90 days from the receipt of such notice in respect of the work already done by the<br />

contractor. Such payment shall not in any manner prejudice the right of the contractor to any<br />

further compensation under the remaining provisions of this clause.<br />

3. Where the Engineer required the contractor to suspend the work for a period in<br />

excess of 30 days at any time of 60 (Sixty) days in the aggregate, the contractor shall be<br />

Alterations in<br />

specifications and<br />

designs not to<br />

indicate contracts.<br />

Rates for works<br />

not entered in<br />

estimate or<br />

schedule of rates<br />

of the district.<br />

Extensions of time<br />

in consequence of<br />

additions or<br />

alterations<br />

Contractor<br />

- 38 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

No claim to<br />

compensation<br />

on<br />

account of loss<br />

due to dulay in<br />

supply of<br />

materials by<br />

Government<br />

Time limit for<br />

unforeseen<br />

claims.<br />

Action and<br />

compensation<br />

payable in case<br />

of bad work.<br />

entitled to apply to the Engineer within 30 days of the resumption of work after such<br />

suspension<br />

for payment of the compensation the extent of porcuniayyloss suffered by him in respect of<br />

working machinery rendered idle on the site or on account of this having had to pay the salary<br />

or wages of labour engaged by him during the said period of suspension provided to any claim<br />

in respect of any such working machinery salary or wages for the first 30 days whether<br />

consecutive or in the aggregate of such suspension or in unsatisfactory work or any other<br />

default on his oart. the conslusive against the contractor.<br />

4. In the event of ........<br />

i) Any total stoppage of work on notice from the Engineer under sub-clause (1) in that behalf:<br />

ii) Withdrawal by the contractor from the contractual obligations to complete the remaining<br />

unexecuted work under sub clause (2) on account of continued suspension of work for a<br />

period exceeding 90 days.<br />

iii) Curtailment in the quantity of items originally <strong>tender</strong>ed on account of any alteration,<br />

omission or substitutions in the specifications, drawings designs as or instructions under<br />

clause 14.<br />

5. Where such curtailment exceeds 25% in quantity and the value of the quantity curtailed<br />

beyond 25% at the rates for the item specified in the <strong>tender</strong> is more than Rs. 5,000.00. It shall<br />

be open to the contractor, within 90 days from the service of (i) the notice of stoppage of work<br />

or (ii) other notice of with drawal from the contractual obligations under the contract on<br />

account of the continued suspension of work of (iii) notice under clause 14(i) resulting in such<br />

curtailment to produce to the Engineer satisfactory evidence of that he had purchased or<br />

agreed to purchase material for use in the contracted work before receipt by him of the notice<br />

or stoppage suspension or curtailment and required the Government to take over on payment<br />

such material at the rates determined by the Engineer. The Government shall therefore take<br />

over the excess of the requirements of the unexecuted works as specified in the accepted<br />

<strong>tender</strong> at and are of quality and specifications approved by the Engineer. That any work this<br />

will be the same percentage as that in the <strong>tender</strong> at (e).<br />

Clause 15-A. - The contractor shall not be entitled to claim any compensation from<br />

Government for the loss suffered by him on account of delay by M. I. D. C. in the supply of<br />

materials entered in Schedule A where such delay is caused by –<br />

(i) Difficulties relating to the supply of railway waggons.<br />

(ii) Force majeure.<br />

(iii) Act of God.<br />

(iv) Act of enemies of the State or any other reasonable cause beyond the control of<br />

Government.<br />

In the case of such delay in the supply of materials Government shall grant such extension of<br />

time for the completion of the works as shall appear to Executive Engineer to be reasonable in<br />

accordance with the circumstances of the case. The decision of the Executive Engineer as to<br />

be extension of the time shall be accepted as final by the contractor.<br />

Clause 16. - Under no circumstances whatever shall the contractor be entitled to any<br />

compensation from Government on any account unless the contractor shall have submitted a<br />

claim in writing to the Engineer-in-charge within one month of the cause of such claim<br />

occurring.<br />

Clause 17. - If any time before the security deposit or any part therefore is refunded to the<br />

contractor it shall appear to the Engineer-in-charge or his subordinate in charge of the work<br />

executed with unsound, imperfect or unskillful workmanship with materials of inferior quality,<br />

or that any materials or article provided by him for the execution of the work unsound or of a<br />

quality inferior to that contracted for, are otherwise not in accordance with the contract, it shall<br />

be lawful for the Engineer-in-charge to intimate this fact in writting to the contractor and then<br />

not withstanding the fact that the work, materials or articles complained of may have been in<br />

advertantly passed, certified and paid for, the contractor shall be bound forthwith to rectify or<br />

remove and reconstruct the work so specified in whole or in part, as the case may required or<br />

if so required, shall remove the material or article so specified and provided other proper and<br />

suitable materials or articles at his own charge and in the event of his failing to do so within a<br />

period to be specified by the Engineer-in-charge in the written intimation aforesaid the<br />

contractor shall be liable to pay compensation at the rate of one percent on the estimate for<br />

every day not exceeding 10 days, during which the failure so continues and in the case of any<br />

such failure the Engineer-in-charg may rectify or remove and re-execute the work or remove<br />

and replace the materials or articles complained of as the case may be at the risk and<br />

expense in all respects of the contractor. Should the Engineer-in-charge consider<br />

Contractor<br />

- 39 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

that any interior work of materials as described above may be accepted or made use it shall be<br />

within his discretion to accept the same at such reduced rates as he may fix therefore.<br />

Clause 17-A - *The contractor shall maintain and keep in proper condition and repair at his<br />

cost the surface of the road for years from the date from which the final finishing coat is laid to<br />

the satisfaction of the Executive Engineer. The decision of the Executive Engineer as to the<br />

necessity of the repairs to the surface of the road shall be final and binding on the contractor. If<br />

the contractor fails to maintain and keep in proper condition and repair the surface of the road<br />

during the stipulated period of years. the Executive Engineer shall be entitled to carry out the<br />

necessary repairs departmentally at the cost of the contractor. The decision of the Executive<br />

Engineer as to the amount of expenses incurred in carrying out the repairs shall be final and<br />

binding on the contractor. The Executive Engineer shall be entitled to appropriate the whole or<br />

any part of the amount of the security deposit toward the expenses, if any, incurred by him in<br />

repairing the surface.<br />

Clause 18A. - All works under or in course of execution or executed in pursuance of the<br />

contract shall at all times be open to inspection and supervision of the Engineer-in-charge and<br />

his subordinates, and the contractor shall at all times during the usual working hours, and at all<br />

other times at which reasonable notice of the intention of the Engineer-in-charge or his<br />

subordinates to visit the work shall have been given to the contractor, either himself be present<br />

to receive orders and instructions, or have a responsible agent duly authorised in writing<br />

present for that purpose. Orders given to the contractor's duly authorised agent shall be<br />

considered to have the same force and effect as if they had been given to the contractor<br />

himself.<br />

Clause 19. - The contractor shall give not less five days' notice in writing to the Engineerincharge<br />

or his subordinate in charge of the work before covering up or otherwise placing<br />

beyond the reach of measurement any work in order that the same may be measured, and<br />

correct dimension thereof taken before the same is so covered up or placed beyond the reach<br />

of measurement, and shall not cover up or place beyond the reach of measurement any work<br />

without the consent in writing of the Engineer-in-charge or his subordinate in charge of the<br />

work: and if any work shall be covered up or placed beyond the reach of measurement without<br />

such notice having been given or consent obtained, the same shall be uncovered at the<br />

contractor's expense, and in default thereof no payment or allowance shall be made for such<br />

work or for the materials with which the same was executed.<br />

Clause 20. - If during the period of - months from the date of completion as certified by the<br />

Engineer-in-charg persuant to clause-7 of the contract of - months after commissioning the<br />

work, whichever is earlier in the opinion of the Executive engineer, the said work is defective in<br />

receipt of notice in that behalf from the Executive Engineer, duly commence execution and<br />

completely carry out at his cost in every respect all the work that may be necessary for<br />

specifying and setting right the defect specified therein including dismantling and<br />

reconstruction of unsafe portions strictly in accordance with and in the manner prescribed<br />

under the supervision of the Executive Engineer. In the event of the contractor failing or<br />

neglecting to commence execution of the said rectification work within the period prescribed<br />

therefore, in the said notice and/or to complete the same as aforesaid as required by the said<br />

notice, the Executive Engineer get the same executed and carried out departmentally or by<br />

:any other agency at this risk on account and at the cost of the contractor. The contractor shall<br />

'forthwith on demand pay to the MIDC the amount of such costs, charges and expenses<br />

sustained or incurred by MIDC of which the certificate of the Executive Engineer shall be final<br />

'and binding on the contractor, such costs, charges, expenses shall be deemed to be arrears<br />

of land revenue and in the event of the contractor failing or neglecting to pay the same on<br />

demand as aforesaid without prejudice to any other rights and remedies of the MIDC, the same<br />

may be recovered from the contractor as arrears of land revenue. The MIDC shall also entitled<br />

to deduct the same from any amount which may then be payable or which may thereafter<br />

become payable by the MIDC to the contractor either in respect of the said work or any other<br />

work whatsoever or from the amount of security deposit retained by MIDC.<br />

Clause 21. - The contractor shall supply at his own cost all materials (except such special<br />

.materials, if any, as may be supplied from the M. 1. D. C. in accordance with the contract,<br />

plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding, and any temporary<br />

works which may be required for the proper execution of the work, in the original, altered or<br />

substituted <strong>form</strong>, and whether included in the specification, or other documents <strong>form</strong>ing part<br />

* This will apply to a contract where the works are to be executed by the contractor according<br />

to the specifications recommended by him.<br />

Works to be open<br />

to inspection<br />

Contractor or<br />

responsible agent<br />

to be present.<br />

Notice to be given<br />

before work is<br />

covered up.<br />

Contractor liable<br />

for damage done,<br />

and for<br />

imperfections for<br />

three months after<br />

certificate.<br />

Contractor to<br />

supply plant,<br />

ladders,<br />

scaffoldings etc.<br />

Contractor<br />

- 40 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

And is liable<br />

for damages<br />

arising from<br />

nonprovision<br />

of<br />

lights<br />

fencing etc.<br />

of the contract or referred to in these conditions or not and which may be necessary for the purpose<br />

satisfying or complying with the requirements of the Engineer-in-charge as to any matter on which<br />

under these conditions he is entitled to be satisfied, or which he is entitled to require together with<br />

carriage there for, to and from the work. The contractor shall also supply without charge the requisite<br />

number of persons with the means and materials necessary for the purpose of setting out works,<br />

and counting, weighing and assisting in the measurement or examination at any time and from time<br />

to time of the work or materials. Failing this the same may be provided by the Engineer-in-charge at<br />

the expenses of the contractor and expenses may be deducted from any money due to the<br />

contractor under the contract or from his security deposit or the proceeds of the sale thereof, or of a<br />

sufficient portion thereof. The contractor shall provide all necessary fencing and lights required to<br />

protect the public from accident, and shall also be bound to bear the expenses of defense of every<br />

suit. action or other legal proceedings, at law, that may be brought by any person for injury sustained<br />

owing to neglect of the above precautions, and to pay any damage and costs which may be awarded<br />

in any such suit, action or proceeding to any such person, or which may with the consent of the<br />

contractor be paid in compromising any claim by any such person.<br />

Clause 21 A. - The contractor shall provide suitable scaffolds and working plat<strong>form</strong>s, gangways and<br />

stairways, and shall comply with the following regulations in connection therewith :-<br />

(a) Suitable scaffolds shall be provided for workmen for all work that cannot be safely done from a<br />

ladder or by other means.<br />

(b) A scafold shall not be constructed, taken down, or substantially altered, except<br />

(i) under the supervision of a competent and responsible person; and<br />

(ii) as far as possible by competent workers possessing adequate experience in this<br />

kind of work.<br />

(c) All scaffolds and appliances connected therewith and all ladders shall<br />

(i) be of sound materials;<br />

(ii) be of adequate strength having regards to the loads and stains to which they will<br />

be subjected; and<br />

(iii) be maintained in proper condition.<br />

(d) Scaffolds shall be so constructed that no part thereof can be deplaced in consequence<br />

of normal use.<br />

(e) Scafolds shall be overloaded and so far a practicable the load shall be evenly<br />

distributed.<br />

(f) Before installing lifting gear on scaffolds special precautions shall be taken to ensure<br />

the strength and stability of the scaffolds.<br />

(g) Scaffolds shall be periodically inspected by a competent person.<br />

(h) Before allowing a scaffold to be used by his workmen the contractor shall, whether the scaffold<br />

has been erected by his workmen or not, take steps to ensure that it complies fully with the<br />

regulations herein specified.<br />

(i) working plat<strong>form</strong>s, gangways & stairways shall be so constructed that no part<br />

thereof can sag unduly or unequally.<br />

(ii) be so constructed and maintained, having regard to the prevailing conditions as<br />

to reduce as far as practicable risks of persons tripping or slipping; and<br />

(iii) be kept free from any unnecessary obstructions<br />

(j) In the case of working plat<strong>form</strong>s, gangways, working places and stairways at a height<br />

exceeding.............................................. (To be specified)<br />

(i) every working plat<strong>form</strong> and every gangway shall be, closely boarded unless other<br />

adequate measures are taken to ensure safety;<br />

(ii) every working plat<strong>form</strong> and gangway shall have adequate width; and<br />

(iii) every working plat<strong>form</strong>, gangway, working place and stairway shall be suitably fenced.<br />

(k) Every opening in the floor of a building or in a working plat<strong>form</strong> shall, except for the time and to<br />

the extent required to allow the access of persons or the transport or shifting or material, be<br />

provided with suitable means to prevent the fall of persons or materials.<br />

(l) When persons are employed on a roof where there is a danger of falling from a height<br />

exceeding................................. suitable precautions shall be taken to prevent<br />

(To be prescribed) the fall of persons or material.<br />

(m)Suitable precautions shall be taken to prevent persons being struck by articles which<br />

might fall from scaffolds or other working places.<br />

Contractor<br />

- 41 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

(n) Safe means of access shall be provided to all working plat<strong>form</strong>s and other working places.<br />

Clause 21 B. - The contractor shall comply with the following regulations as regards the Hoisting<br />

Appliances to be used by him :-<br />

(a)Hoisting machines and tackle, including there attachments, anchorages and supports shall :-<br />

(i) be of good mechanical construction, sound material and adequate strength and<br />

free from patent defect and<br />

(ii) be kept in good repair and in good working order.<br />

(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of suitable<br />

quality and adequate strength and free from patent defect.<br />

(c) Hoisting machines and tackle shall be examined and adequately tested after erection on the site<br />

and<br />

before use and be re-examined in position at intervals to be prescribed by the Government.<br />

(d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering<br />

materials or as a means, of suspension shall be periodically examined.<br />

(e) Every crane driver or hoisting appliances operator shall be properly qualified. No person<br />

who is below the age of years shall be in control of any hoisting machine, including any<br />

scaffold which, or give signals to the operator.<br />

(f) In the case of every hoisting machine and of every chain, ring, hook, shackle, swivel<br />

and puly block used in hoisting or lowering or as a means of suspension the safe working<br />

load shall be ascertained by adequate means.<br />

(h) Every hoisting machine and all gear referred to in the proceeding regulation shall be<br />

plainly marked with the safe working load.<br />

(i) In case of the hoisting machine having a variable safe working load each safe working<br />

load and the conditions under which it is applicable shall be clearly indicated.<br />

(j) No part of any hoisting machine or of any gear referred to in regulation 7 above shall<br />

be loaded beyond the safe working load except for the purpose of testing.<br />

(k) Motors, gearing, transmissions, electric wiring and other dangerous parts of hoisting<br />

appliance hall be provided with efficient safeguards.<br />

(l) Hoisting appliances shall be provided with such means as will reduce to a minimum<br />

the risk of the accidental descent of the load.<br />

(m) Adequate precautions shall be taken to reduce to a minimum the risk of any part of a<br />

suspended load becoming accidentally displaced.<br />

Clause 22. - The contractor shall not set fire to any standing jungle, trees, brushwood or grass without<br />

a written permit from the Executive Engineer. When such permit is given, and also in all cases when<br />

destroying cut or dug up trees, brushwood, grass, etc., by fire, the contractor shall take necessary<br />

measures to prevent such fire spreading to or otherwise damaging surrounding property. The<br />

contractor shall make his own arrangements for drinking water for the labour employed by him.<br />

Clause 23-Compensation for all damage done intentionally or unintentionally by contractor's laborers<br />

whether in or beyond the limits of Government property including any damage caused by the<br />

spreading of fire mentioned in clause 22 shall be estimated by the Engineer-in-charge or such other<br />

officer as he may appoint and estimates of the Engineer-in- charge subject to the decision of<br />

Superintending Engineer on appeal shall be final and the contractor shall be bound to pay the amount<br />

of assessed compensation on demand failing which the same will be recovered from the contractor as<br />

damages in the manner prescribed in clause 1 or deducted by the Engineer-in-charge from any sums<br />

that may be due to or become due from Government to the contractor under this contract or<br />

otherwise. The contractor shall bear the expenses of defending any action or other legal proceedings<br />

that may be brought by any person for injury sustained by him owing to neglect of precautions to<br />

prevent the spread of fire and he also pay any damage and cost that may be awarded by the court in<br />

consequence.<br />

Clause 24. - The employment of female laborers on works in the neighborhood of soldiers' barracks<br />

should be avoided as far as possible.<br />

Clause 25. - No work shall be done on a Sunday without the sanction in writing of the Engineer-incharge.<br />

Clause 26. - The contract shall not be assigned or sublet without the written approval of the Engineerin-charge.<br />

And if the contractor shall assign or sublet his contract, or attempt so to do, or become<br />

insolvent or commence an proceedings to be adjudicated an insolvent<br />

Measure for<br />

prevention<br />

of fire<br />

Liability of<br />

contractors<br />

for any damage<br />

done<br />

in or outside<br />

work area<br />

Employment of<br />

female labour.<br />

Work on<br />

Sundays<br />

Work not to be<br />

sublet<br />

Contractor<br />

- 42 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Contract may be<br />

rescinded and<br />

security deposit<br />

forfeited for<br />

subletting is without<br />

approval or for<br />

bribing a public office<br />

or if contractor<br />

becomes insolvent<br />

Sum payable by way<br />

of compensation to<br />

be considered as<br />

reasonable<br />

compensation<br />

without reference to<br />

actual toss<br />

Changes in the<br />

constitution of firm to<br />

be notified.<br />

Works to be under<br />

direction of<br />

superintending<br />

Engineer<br />

Decision of<br />

superintending<br />

Engineer<br />

to be final.<br />

Stores of European<br />

or American<br />

manufacture<br />

to be obtained from<br />

Government.<br />

Lump sums in<br />

estimates<br />

Action where no<br />

specification.<br />

Definition of work.<br />

or make any composition with his creditors, or attempt so to do, the Engineer-in-charge may by<br />

notice in writing rescind the contract. Also if any bribe, gratuity, gift loan, perquisite, reward or<br />

advantage, pecuniary or otherwise, shall either directly or indirectly be given, promised or<br />

offered by the contractor, or any of his servants or agents or any public officer or person in the<br />

employ of M.I.D.C. to in any way relating to his office or employment, or if any such office or<br />

person shall become in anyway directly or indirectly interested in the contract, the Engineer-incharge<br />

may by notice in writing rescind the contract. In the event of a contract being rescinded,<br />

the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the<br />

disposal of Government, and the same consequences shall ensue as if the contract had been<br />

rescinded under clause 3 hereof and in addition the contractor shall no be entitled to recover or<br />

be paid for any work theretofore actually per<strong>form</strong>ed under the contract.<br />

Clause 27. - All sums payable by a contractor by way of compensation under any of these<br />

conditions shall be considered as a reasonable compensation to be applied to the use of<br />

Government without reference to the actual loss or damage sustained, and whether an)<br />

damage has or not been sustained.<br />

Clause 28. - In the case of a <strong>tender</strong> by partners any change in the constitution of a firm shall<br />

be forthwith notified by the contractor to the Engineer-in-charge for his in<strong>form</strong>ation.<br />

Clause 29. - All works to be executed under the contract shall be executed under the<br />

direction and subject to the approval in all respects of the Superintending Engineer of the<br />

Circle for the time being who shall be entitled to direct at what point or points and in what<br />

manner they are to be commenced, and from time to time carried on.<br />

Clause 30. - Except where otherwise specified in the contract and subject to the powers<br />

delegated to him by M.I.D.C. under the Code rules then in force, the decision of the<br />

Superintending Engineer of the Circle for the time being shall be final, conclusive, and binding<br />

on all parties to the contract upon all questions relating to the meaning of the specifications,<br />

designs, drawings, and instructions hereinbefore mentioned and as to the quality of<br />

workmanship or material used on the work, or as to any other question, claim, right, matter, or<br />

thing whatsoever, in anyway arising out of, relating to the contract, designs, drawings,<br />

specifications, estimates, instructions, orders, or these conditions, or otherwise concerning the<br />

works, or the execution or failure to execute the same. whether arising, during the progress of<br />

the work, or after the completion or abandonment thereof.<br />

Clause 31. - The contractor shall obtain from the M.I.D.C. stores and articles of European<br />

or American manufactures which may be required for the work or an part of the work or in<br />

making up any articles required, there for or in connection therewith unless he has obtained<br />

permission in writting from the Engineer-in-charge to obtain such stores and articles elsewhere.<br />

The values of such stores and articles as may be supplied to the contractor by the Engineer-incharge<br />

will be debited to the contractor in his account at the rates shown in the schedule in<br />

Form A attached to the contract, and if they are not entered in the said schedule they shall be<br />

debited to him at cost price which for the purpose of this contract shall include the cost of<br />

carriage and all other expenses whatsoever, which may have to be incurred in obtaining<br />

delivery of the same as the stores aforesaid.<br />

Clause 32. - When the estimate on which a <strong>tender</strong> is made includes lump sums in respect<br />

of parts of the works, the contractor shall be entitled to payment in respect of the items of work<br />

involved or the part of the work in question at the same rates as are payable under this<br />

contract for such items, or if the part of the work in question is not in the opinion of the<br />

Engineer-in-charge capable of measurement, the Engineer-in-charge may at his discretion pay<br />

the lump sum amount entered in the estimate and the certificate in writing of the Engineer-incharge<br />

shall be final and conclusive against the contractor with regard to any sum or sums<br />

payable to him under the provisions of this clause. *<br />

Clause 33. - In the case of any class of work for which there is no such specification as<br />

is mentioned in Rule I such work shall be carried out in accordance with the Divisional<br />

specifications and in the event of there being no Divisional specification there in such case<br />

the work shall be carried out in all respects in accordance with the instructions and<br />

requirements of the Engineer-in-charge.<br />

Clause 34. - The expression "works" or "work" where used in these conditions shall unless<br />

there be something in the subject or context repugnant to such construction be construed to<br />

mean the work or the works contracted to be executed under or in virtue of the contract,<br />

whether temporary or permanent and whether original, altered, substituted or additional.<br />

Contractor<br />

- 43 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Clause 35. - All quarry fees, royalties, octroi dues and ground rent for stracking material, if<br />

any, should be paid by the contractor, who will however, be entitled to a refund of such of<br />

the charges as are permissible under the rule on obtaining a certificate from the Engineer-inchage<br />

that the materials were required for use on M.I.D.C. work.<br />

Clause 36. - The contractor shall be responsible for and shall pay any compensation to his<br />

workmen payable under the Workmen's Compensation Act, 1923 (VIII of 1923), (hereinafter<br />

called the said Act) for injuries caused to the workmen. If such compensation is paid by<br />

Government as principal under sub-section (1) of section 12 of the said Action behalf of the<br />

contractor it shall be recoverable by Government from the contractor under sub-section (2)of<br />

the said section. Such compensation shall be recovered in the manner laid down in Clause<br />

1 above.<br />

Clause 36 A. - The contractor shall be responsible for and shall pay the expenses of<br />

providing medical aid to any workman who may suffer a bodily injury as a result of an<br />

accident. If such expenses are incurred by MIDC the same shall be recoverable from the<br />

contractor forthwith and be deducted without prejudice to any other remedy of Govt. from<br />

any amount due or that may become due to the contractor.<br />

* Clause 36 B -The contractor shall provide all necessary safety equipment and first aid<br />

apparatus available for the use of the persons employed on the site, shall maintain the<br />

same condition suitable for immediate use at any time and shall comply with the following<br />

regulations in connection therewith :<br />

(a) The worker shall be required to use the equipment so provided by the contractor and<br />

the contractor shall take adequate steps to ensure proper use of the equipment by<br />

those concerned.<br />

(b) When work is carried on in proximity to any place where there is no risk of drowning,<br />

alt necessary equipment shall be provided and kept ready for use and all necessary<br />

steps shall be taken for the prompt rescue of any person in danger.<br />

(c) Adequate provision shall be made for prompt first-aid treatment of all injuries likely to<br />

be sustained during the course of the work.<br />

Clause 37. - 1. Quantities to respect of the several items shown in the <strong>tender</strong> are<br />

approximated and no revision in the <strong>tender</strong>ed rate shall be permitted in respect of any of the<br />

items so long as subject to special provision contained in the specifications prescribing<br />

differences percentage of permissible variation. The quantity of the items does not exceed<br />

the <strong>tender</strong> quantity by more than 25% and so long as the value of the excess Quantity<br />

beyond this limit at the rate of the item specified in the <strong>tender</strong> is not more than Rs. 5000.00.<br />

2. The contractor shall if ordered in writing by the Engineer so to do carry out any quantities<br />

in excess of the limit mentioned above in this clause, on the same conditions as and in<br />

accordance with the specifications in the <strong>tender</strong> and at the rate derived from the rates<br />

entered in the current schedule of rates and in absence of such rates at the rates prevailing<br />

in the market, which may be increased or decreased as this case may be by the percentage<br />

which the total <strong>tender</strong>ed amount bears to the estimated cost of the total work as put to<br />

<strong>tender</strong>.<br />

3. Claims arising out of reduction in the <strong>tender</strong>ed quantity of any item beyond 25% will be<br />

governed by the provision of clause 15 only when the amount of such reduction beyond 25%<br />

at the rate of the item specified in the <strong>tender</strong> is more than Rs. 5000.00 In view of the<br />

rationalisation of the revision of clause-37 of B-2 it is necessary to prescribed the manner in<br />

which the claims arising out of reduction in the <strong>tender</strong>ed quantity of any item under 15 of the<br />

<strong>tender</strong> <strong>form</strong> should be dealt with.<br />

* Clause 38. - The contractor shall employ any famine, convict or other labour of a particular<br />

kind or class if ordered in writing to do so by the Engineer-in-charge.<br />

Clause 39. - No compensation shall be allowed for any delay caused in the starting of the<br />

work on account of any acquisition of land and in the case of clearance works, for any delay<br />

in according sanction to estimates.<br />

Clause 40. - No compensation shall be allowed for any delay in execution of the work on<br />

account of water standing in borrow pits or compartment. The rates are inclusive for hard or<br />

cracked soil, excavation in mud, sub-soil water or water standing in borrow pits and no claim<br />

for an extra rate shall be entertained, unless otherwise expressly specified.<br />

Clause 41. - The contractor shall not enter upon or commence any portion of work except<br />

with the written authority and instructions of the Engineer-in-charge or of his subordinate incharge<br />

of the work. Failing such authority the contractor shall have no claim to ask for<br />

measurements of or payment for work.<br />

Clause 42. - (i) No contractor shall employ any person who is under the age of 12 years.<br />

(ii) No contractor shall employ donkeys or other animals with breeching of string or thin<br />

Refund of quarry<br />

fees,<br />

and royalties.<br />

Compensation under<br />

Workmen's<br />

Compensation Act.<br />

Claim for quantities<br />

of work entered in<br />

the <strong>tender</strong> or<br />

estimate.<br />

Employment of<br />

famine or other<br />

labour.<br />

Claim for<br />

compensation for<br />

delay<br />

in starting the work.<br />

Claim for compensation<br />

for delay in the<br />

execution<br />

of work. Entering upon<br />

or commencing an<br />

portion of work.<br />

Minimum age of person<br />

employed, the<br />

employed,<br />

the employment of<br />

donkeys and/or other<br />

animals, and the<br />

payment<br />

of fair wages.<br />

Contractor<br />

- 44 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Method of<br />

payment<br />

Acceptanc<br />

e of<br />

condition<br />

compulsor<br />

y before<br />

<strong>tender</strong>ing<br />

of work.<br />

Employment<br />

of<br />

scarcity<br />

Labour.<br />

rope. The breeching must be at least three inches wide and should be of tape (Nawar).<br />

(iii) No animal suffering from sores, lameness or emaciation or which is immature shall<br />

be employed on the work.<br />

(iv) The Engineer-in-charge or his Agent is authorised to remove from the work any person or animal<br />

found working which does not satisfy these conditions and no responsibility shall be accepted by M.I.D.C.<br />

for any delayed caused in the completion of the work by such removal.<br />

(v) The contractor shall pay fair and reasonable wages to the workmen employed by him in the contract<br />

undertaken by him. In the event of any dispute arising between the contractor and his workmen on<br />

grounds that the wages paid are not fair and reasonable the dispute shall be referred without delay to the<br />

Executive Engineer, who shall decide the same. The Decision of the Executive Engineer shall be<br />

conclusive and binding on the contractor, but such decision shall not in any way affect the condition in the<br />

contract regarding the payment to be made by M.I.D.C. at the sanctioned <strong>tender</strong> rates. '<br />

(vi) The contractor shall provide drinking water facilities to the workers. Similar amenities shall be<br />

provided to the workers engaged on large work in urban areas.<br />

Clause 43. - Payment to contractor shall be made by cheques drawn on any treasury within the Division<br />

convenient to them, provided the amount exceeds Rs. 10. Amounts not exceeding Rs. 10 will be paid in<br />

cash.<br />

Clause 44. - Any contractor who does not accept these conditions shall not be allowed to <strong>tender</strong> for work.<br />

Clause 45. - If M.I.D.C. declares a state of scarcity or famine to exist in any village situated within 10<br />

miles of the work. the piece worker / contractor shall employ upon such parts of the work, as are suitable<br />

for unskilled labour, any person certified to him by the Executive Engineer or by any person to whom the<br />

Executive Engineer may have delegated this duty in writing, to be in need, of relief and shall be bound to<br />

pay to such persons wages not below minium which M.I.D.C. may have fixed in this behalf. Any dispute<br />

which may arise in connection with implementation of this clause shall be decided by the Executive<br />

Engineer whose decision shall be final and binding on the piece worker / contractor.<br />

Clause 46. - The price quoted by the contractor shall not in any case exceed the control<br />

price if any fixed by Government or reasonable price which it is permissible for him to charge a private<br />

purchase for the same class and description of goods under the provisions of Hoarding or Profiteering<br />

Prevention Ordinance 1948 as amended from time to time. If the price quoted exceeds the controlling<br />

price or the price permissible under Hoarding and Profiteering Prevention Ordinance the contractor will<br />

specifically mention this fact in his <strong>tender</strong> along with the reasons for quoting such higher price. The<br />

purchaser at his discretion will in such case exercise the right of revising the price at any stage so as to<br />

confirm with the controlled price on the permissible under the Hoarding and Profiteering Prevention<br />

Ordinance. This discretion will be exercise without prejudice to any other action that may be taken against<br />

the contractor.<br />

Clause 47. - The rates to be quoted by the contractor must be inclusive of sales tax No.extra payment on<br />

this account will be made to the contractor.<br />

Clause 48. - The contractor should as far as possible obtain his requirement of labour skilled and<br />

unskilled from the nearest Employment Exchange.<br />

Clause 49. - The provision regarding contractor's labours in the contract labour (Regulation and abolition)<br />

Act, 1970 with the <strong>Maharashtra</strong> contract labour (Regulation and Addition) Rules-1971 shall be binding on<br />

the contractors. If the provision in the said act contradicts with any of the provision regarding contractor<br />

labour in any of the clause in this <strong>tender</strong>, the provision in the contract labour (Regulation and Abolition)<br />

Act 1970 with the <strong>Maharashtra</strong> Labour (Regulation and Abolition) Rules, 1971 shall prevail.<br />

Clause 50. - The Contractor shall comply with the provisions of the apprentices Act- 1961 and the rule<br />

and the orders issued the <strong>tender</strong> there under from time to time. If he/the~ fail/fails to do so the failure will<br />

be breach of the contract and the superintending Engineer may in the discretion, cancel the contract, the<br />

contractor Shall be liable to appropriate action by him/them of the provision of the act.<br />

Clause 51 Supply of material etc. by the contractors: The contractor are to provide every article with the<br />

exception noted in schedule 'A' attached which may be necessary and requisite for the due and proper<br />

execution of the several work included in contractor according to the indent and measuring or the drawing<br />

and specifications taken together which are to be signed by Executive Engineer, MIDC. (hereinafter called<br />

the Executive Engineer) and by the contractor whether the same may or may not have been particularly<br />

described in the specifications or whom on the drawing provided however that the same are reasonable<br />

and<br />

Contractor<br />

- 45 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

obviously to be in<strong>form</strong>ed there from. In case of any discrepancy between the drawing and the<br />

specification the Executive Engineer shall decide which of the two is to be followed.<br />

Clause 52. - The contractor shall set out the whole of the work as per approved<br />

drawings and details supplied to him and during the progress of the work shall set right as ordered by the<br />

Executive Engineer or his agent any error, which may be found therein and shall provide all necessary<br />

labour plant, labours and material for the purpose. The contractor shall also provide plants, labours and<br />

materials (with the exceptions noted in schedule attached) which may be necessary and requisite for the<br />

works. The materials and workmanship, are to the best of their respective jobs. The contractors shall<br />

have to work in all respects clean and perfect at the completion there off.<br />

Clause 53. - Drawing and specifications : At least six copies of the drawing and specifications submitted<br />

by the contractor and approved signed by the superintending Engineer shall be furnished by the<br />

contractor to the MIDC and copies there of shall be kept on site. Contractor agent who is to be constantly<br />

kept at site by the contractor and to whom the instructions can be given by the Executive Engineer. MIDC<br />

under schedule A of the contract will supply plain M.S. round and/or tor steel depending upon the<br />

availability. As such design based on exclusive use of steel shall not be accepted.<br />

Clause 54. - (Control over works) The Executive Engineer or his duly authorised representative have at<br />

all times access to the works which are to be entirely under his control. He may require the contractor to<br />

dismiss person in the contractor's employment on the work if such person in his opinion is incompetent or<br />

misconducts himself and the contract or shall forthwith comply with every such requirements.<br />

Clause 55. - Materials left at site : All works and materials brought and left upon the site of the work<br />

either by the contractor or the orders for the purpose of <strong>form</strong>ing part of the work are to be considered to<br />

the property of the MIDC and the same shall not be removed or carried away by the contractors or any<br />

other person without the consent in writing of the Executive Engineer but the MI DC shall not in any way<br />

be answerable for any loss or damage which may happen to in respect of any such work or materials on<br />

account of the same being lost or stolen or injured by weather or otherwise.<br />

Clause 56. - Removal and substitution of materials : The Executive Engineer shall have full power for<br />

removal from the premises of the materials which in his opinion are not in accordance with the<br />

specifications and incase of default the Executive Engineer shall be at liberty to employ other persons to<br />

remove the same without being answerable or accountable for any loss or damage that may be caused<br />

to such materials. The Executive Engineer shall also have full power to acquire other proper materials to<br />

be substituted and in case of default the Executive fc*ngineer may cause the same to be supplied and all<br />

cost which he incurred in such removal and substitution shall be borned by the contractor.<br />

Clause 57. - Action in case of improper materials and workmanship: If in the opinion of the Executive<br />

Engineer any work or any part thereof is executed with improper material of defective workmanship, the<br />

contractor shall when required by the Executive Engineer forthwith re-execute the same and substitute<br />

proper materials and workmanship & in case of default by the contractor in so doing within a week from<br />

the dates of the requisition the Executive Engineer shall have full power to employ other persons to reexecute<br />

the work & cost there of shall be borne by contractor.<br />

Clause 58. - Action and compensation payable in case of bad work : If at any time before security deposit<br />

is refunded to the contractor, it shall appear to the Engineer-in-charge or his subordinate in charge of the<br />

work, that any work has been executed with unsound imperfect or unskilled full workmanship for with<br />

material of inferior quality of that any materials or articles provided by him for the execution of the work<br />

unsound, or of a quality inferior to that contract it shall be lawful for the Engineer-in-charge to intimate this<br />

fact in writing to the contractor and than not withstanding the fact that the work material or articles<br />

complained or may have been in advertantly passed, certified and paid for. The contractor shall be bound<br />

to forthwith rectify or remove or reconstruct the work so specified in whole or in part, as the case may<br />

require or if so required, shall remove the materials & articles so specified and provide other proper and<br />

suitable materials at his own charge and cost. In the event of this failing to do so within a period to be<br />

specified by the Engineer-in-charge in written intimation aforesaid the contractor shall be liable to pay<br />

compensation at the rate of 1% on the amount of estimate for every day not exceeding 10 days, during<br />

which the failure so continuous and in that event of any such failures as aforesaid the Engineer-in-charge<br />

may rectify or remove and re-execute the work or remove and replace the materials or articles complained or as the case may<br />

be at the risk & expenses in all respect of the contractor. The Engineer-in-<br />

Contractor<br />

- 46 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

charge consider that any such inferior work or materials as described above will not be<br />

accepted and will be straight way rejected.<br />

Clause 59.- Per<strong>form</strong>ance & guarantee of work of plant completed by the contractor:<br />

The contractor shall make good and repair defects in materials and workmanship &<br />

per<strong>form</strong>ance, etc. revealed in the finished work or the plant completed by him for a<br />

period of 24 months from the date of which final completion certificate is issued by<br />

Engineer-in-charge. The decision of the Engineer-in-charge as to the necessity of<br />

repairs shall be binding on the contractor. If the contractor fails to maintain and keep<br />

in proper condition. The work completed by him or if the-plant erected by him<br />

stipulated period of maintenance or per<strong>form</strong>ance, the Engineer-in-charge shall be<br />

entitled to carry out the necessary repair departmental or enough other agency at the<br />

cost of contractor. The decision of the Engineer-in-charge as to the amount of the<br />

expenses incurred in carrying out the repairs shall be final and binding on the<br />

contractor. The Engineer-in-charge shall be entitled to forfeit the whole or any part of<br />

the security deposit the amount stated elsewhere in these documents for this purpose<br />

towards„ expenses incurred by him in repairing the work completed by the contractor.<br />

Clause 60. - Responsibility of contractor for damage or fire etc. : From the<br />

commencement of the work to the completion of the same work shall be under the<br />

contractor's charge. The contractor shall be held responsible for any damage done to<br />

the same by fire or any other cause and they shall be liable to make good all such<br />

damage and to carry out any repairs which may be rendered necessary to the same<br />

be fire or other causes and they are to hold the MIDC harmless from any claim for<br />

injuries to persons for structural damage, damage to property happening from any<br />

neglect or default for want of proper care or misconduct on the part of the contractor or<br />

any one of their employee during the execution of the work.<br />

Clause 61. - Execution of works included in the contract : The Executive Engineer<br />

shall have full power to send workman on the premises to execute fitting and other<br />

works not included in the contract and for which the contractors shall offer ever<br />

responsible facility during ordinary working hours provided that such operation shall be<br />

carried on in such a manner as not to impede the progress of the work included in the<br />

contract. The contractors shall however be responsible for any damage which may<br />

happen to or be occasioned in the execution of any such fittings or other works.<br />

Contractor<br />

- 47 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

SCHEDULE 'A'<br />

Name of Work :-M&R TO N.R.BUILDING & WATER SUPPLY SCHEME @ NASHIK INDUSTRIAL<br />

AREA… HOUSEKEEPING OF UDYOG BHAVAN BUILDING, CSC BUILDING, OLD FLATTED<br />

FACTORY BUILDING AND STAFF COLONY @ SATPUR.<br />

Scheduled showing (approximately) the material to be issued to the Contractor for works to<br />

be executed on this contract, and the rate at which they are to be charged.<br />

Serial<br />

No.<br />

Particulars Quantity Rates at which<br />

the materials will<br />

be charged to the<br />

contractor with<br />

unit<br />

Place of<br />

delivery<br />

1 2 3 4 5<br />

---------------------------------------- N I L -------------------------<br />

Contractor<br />

- 48 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Terms and Conditions for Issue of materials under schedule 'A' are as under :<br />

(1) Material required in excess of the quantity may or may not be supplied by the Department. If not supplied, the<br />

contractor should make his own arrangements to provide the same, for which no extra claim will be entertained.<br />

(2) All materials remaining unused after the completion of the works should be returned to the Department at the<br />

Department stores. For the material remaining unused and not returned, recovery will be effected at twice the issue<br />

rate of material or the prevailing market rate at the time of completion of work, whichever is higher.<br />

(3) Considerable delay is likely to occur in getting the materials required to be conveyed by Rail, whether such<br />

material is to be supplied by the <strong>Corporation</strong> or by the contractor himself. The contractor therefore should submit<br />

indent for his requirement sufficiently in advance to allow for the period usually taken tor supply of such material. No<br />

responsibility can be accepted for such delays in regard to supply of these materials. Every assistance will however<br />

be given to obtain the supplies as quickly as possible. ~<br />

(4) The contractor should check the material before they are issued to him. Any complaint<br />

after the material is once accepted by him will not be entertained.<br />

(5) The contractor should be make his own arrangements for storing the materials issuer to him, by constructing a<br />

Pucca shed which should be leak proof and should protect against moist climates.<br />

(6) All other materials not included in the above schedule will have to be procured by the<br />

contractors from the open market at their own cost.<br />

(7) The contractor shall maintain a regular account of consumption of the material issued to him by the Department,<br />

either at cost or free of cost, and shall be produced when asked for.<br />

(8) all conveyance charges including loading and unloading operations for bringing the materials issued from the<br />

place of delivery to the site of work should be borne by the contractor.<br />

(9) Weight of M.S. Rounds that will be issued under schedule 'A' will be computed on the basis of following table:-<br />

Dia of Bar<br />

Weight in Kg / RM length of bar<br />

6 mm .... .... .... .... .... .... 0.22<br />

8 mm .... .... .... .... .... .... 0.39<br />

10 mm .... .... .... .... .... .... 0.62<br />

12 mm .... .... .... .... .... .... 0.89<br />

16 mm .... .... .... .... .... .... 1.58<br />

18 mm .... .... .... .... .... .... 2.00<br />

20 mm .... .... .... .... .... .... 2.46<br />

22 mm .... .... .... .... .... .... 2.92<br />

25 mm .... .... .... .... .... .... 3.85<br />

28 mm .... .... .... .... .... .... 4.83<br />

32 mm .... .... .... .... .... .... 6.31<br />

36 mm .... .... .... .... .... .... 7.99<br />

40 mm .... .... .... .... .... .... 9.87<br />

In case of dispute or delegation in diameters computation of weight shall be made at a rate of 0.785 kg.<br />

per square centimeter of cross sectional area.<br />

The issue of steel from the stores stipulated in schedule A shall be on the basis of length~ of M.S.<br />

rounds measured in Metric System to the nearest 10 mm length. The surplus steel after completion of<br />

work shall also be taken back and measured on the same basis. The M.S.rounds returned to<br />

departmental store shall be in the <strong>form</strong> of cut pieces or whole length remaining unutilised and will be<br />

accepted as such. Pieces of length one meter and above shall be accepted. The percentage waste in<br />

the <strong>form</strong> of pieces of length below one meter shall not be more than 1 per cent of the tonnage actually<br />

used in work. Any additional loss beyond one percent stipulated above shall be treated as used in any<br />

unauthorised and wasteful manner and recovery at double the issue rate or market rate, whichever is<br />

more, shall be effected for such wasteful use of steel.<br />

Contractor<br />

- 49 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

SCHEDULE “B”<br />

Name of work:- M&R to N.R. building & Water Supply Scheme @ Nashik <strong>Industrial</strong><br />

Area……...Housekeeping of Udyog Bhavan building,CSC building,<br />

Old Flatted Factory building and Staff Colony @ Satpur.<br />

Qty. Description of Item. Unit Rate (Rs.) Amount.<br />

In<br />

Figures<br />

In<br />

Words<br />

M&R to Non Residential Building<br />

365.00 Item No-1Housekeeping i.e. daily<br />

sweeping, cleaning washing, mopping of<br />

corridors, stairs, all vacant gallas /offices<br />

in Udyog Bhavan, MIDC office in Udyog<br />

Bhavan on second floor, all common<br />

toilets in Udyog Bhavan, MIDC offices in<br />

Udyog Bhavan, all doors, windows, roofs,<br />

walls, ceiling, terrace & entire premises<br />

drainage system, septic tank, rain water<br />

disposal and maintenance of lawn,<br />

shrubbery with necessary watering,<br />

prumming, trimming etc. including all<br />

labours, material etc. complete.….Job<br />

Work.<br />

365.00 Item No. 2 :- Daily cleaning of all toilets (<br />

Common at ground floor & all toilets in guest<br />

house) in CSC building @ Satpur, toilets in<br />

old flatted factory building @ Satpur<br />

including maintaining drainage system,<br />

removing choke-ups including all labour,<br />

material etc. complete - Job work<br />

M&R to Water Supply Scheme.<br />

365.00 Item No.1:- Daily cleaning of the<br />

premises of staff colony @ Satpur,<br />

common passages, stairs, terraces of all<br />

building courtyards of all bungalows,<br />

housekeeping of community hall,<br />

removing choke-ups in drainage system<br />

including all materials, labour etc.<br />

complete-…Job work.<br />

Job<br />

per<br />

day<br />

Job<br />

per<br />

day<br />

Job<br />

per<br />

day<br />

Total Rs. (A)<br />

Total Rs. (B)<br />

Total (A + B)<br />

Rs.<br />

Contractor<br />

- 50 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

(In words Rs.______________________________________________________________________)<br />

I/ We agree to carry out the above work at the rates mentioned above.<br />

NOTE:-The rates shall be quoted inclusive of all taxes, duties, octroi, VAT/Sale Tax<br />

Excises Duty .etc. complete.<br />

Contractor<br />

- 51 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

DETAILED ITEM WISE SPECIFICATON<br />

Name of work:- M&R to N.R. building & Water Supply Scheme @ Nashik <strong>Industrial</strong><br />

Area……...Housekeeping of Udyog Bhavan building,CSC building,<br />

Old Flatted Factory building and Staff Colony @ Satpur.<br />

M&R to Non Residential Building<br />

Item No-1:- 1Housekeeping i.e. daily sweeping, cleaning washing, mopping of corridors, stairs, all<br />

vacant gallas /offices in Udyog Bhavan, MIDC office in Udyog Bhavan on second floor, all common<br />

toilets in Udyog Bhavan, MIDC offices in Udyog Bhavan, all doors, windows, roofs, walls, ceiling,<br />

terrace & entire premises drainage system, septic tank, rain water disposal and maintenance of lawn,<br />

shrubbery with necessary watering, prumming, trimming etc. including all labours, material etc.<br />

complete.…..Job Work.<br />

The item includes following jobs.<br />

1) Daily sweeping of all common corridors, stairs, vacant gallas / offices in Udyog Bhavan, &<br />

cleaning internal roads alongwith total premises of Udyog Bhavan building.<br />

2) Constant mopping by using phenoil of all common places on all floors, central lobby, main<br />

entrance, other entrances etc. is required to be carried out.<br />

3) Daily cleaning of all common toilets in MIDC offices, II nd floor of Udyog Bahavn (i.e.<br />

Dn.Office & R.O.Office) are required to be done by using phenoil, acid and naphthalene ball.<br />

4) The job includes cleaning of all wall, ceilings, terraces, doors, windows, rolling shutters and all<br />

glazier work of both the bldg. such as to appear clean and sparkling all the time. All vacant<br />

offices gals are cleaned twice in a week & terraces once in a month or as per requirement<br />

as directed by Engineer-in-charge.<br />

5) The job includes cleaning, clearing and removing choke-ups if any for drainage system, rain<br />

water disposal system alongwith drainage chambers and septic tank for the building.<br />

6) The job includes time-to-time removal of grass, shrubs, bushes, debris if any in the total<br />

premises of building.<br />

7) If any damage to the property of MIDC is observed during housekeeping contractor has to<br />

repair it at his own cost only.<br />

8) Total material and labour required. is to be provided by the contractor only.<br />

9) The whole work shall be carried out as per the directions of Engineer-in-charge & it is binding<br />

on the contractor to obey the instructions issued by MIDC officials at time-to-time.<br />

10) The contractor has to produce certificate from responsible person / security person at the end of<br />

every month regarding satisfactory work, without which payment will not be proposed.<br />

11) The contractor is bound to do any additional work than above as instructed by Engineer-incharge<br />

time-to-time for which no any extra payment will be made.<br />

Contractor<br />

- 52 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

12 ) Maintenance of Shrub Item includes providing labour, tools and equipment etc. for<br />

maintaining the Shrub Bed.<br />

If it is observed that the growth of the plant is not satisfactory or the plant is dead or any other<br />

damage to the plant, the contractor will have to replace all such plants with new one of equal age<br />

for which again new maintenance period will be counted and shall be payable proportionately. If<br />

such plants are not replaced, the recovery at the rate 100 Rs/m2 will be made.<br />

Watering the Plants : The water shall be made available free of cost by MIDC at suitable<br />

locations. watering should be done carefully and plants shall never be allowed to wilt/die without<br />

water. Spray pots/drums shall be used to water small plants. The garden pipes if possible also may<br />

be used.<br />

13 ) Maintenance of Lawn The item includes to maintenance of lawn , including making<br />

arrangement of water supply. The cutting of lawn with lawn mover shall be done during the<br />

maintenance of the lawn for the period of 12 months.<br />

Maintenance : The maintenance of Lawn shall be done under the guidance of the horticulturist<br />

and Engineer-in-charge. The water supply arrangement shall be made by the contractor, including<br />

watering equipment such as rubber hose, pipes spray pots etc. and sufficient watering at least twice<br />

in a day shall be done by the contractor . Sludge/manure shall be mixed with the soil and spread to<br />

the Lawn area. The sludge/manure shall be made available by the contractor at his own cost.<br />

If it is observed that the growth of the Lawn is not satisfactory or the Lawn is dead or any other<br />

damage to the Lawn, the contractor will have to replace all such Lawn with new one of equal age<br />

for which again new maintenance period will be counted and shall be payable proportionately. If<br />

such Lawn is not replaced, the recovery at the rate 150 Rs/m2.<br />

Mode of measurement:- The contract rate shall be per day basis.<br />

Item No.2:- Daily cleaning of all toilets (common at ground floor & all toilets in guest house) in CSC<br />

bldg. @ Satpur, toilets in old flatted factory bldg @ Satpur including maintaining drainage system,<br />

removing choke-ups including all labour, material etc. complete--- Job Work.<br />

The item includes following Jobs.---<br />

1. Daily cleaning of common toilet on ground floor and all toilets in guest house at first floor in<br />

CSC building @ Satpur by using phenoil, acid and naphthalene balls.<br />

2. Daily cleaning of common toilets in old flatted factory building @ Satpur by using phenoil,<br />

acid, and providing odonils packets and naphthalene balls in W.C. Toilet blocks.<br />

3. The job includes cleaning, clearing and removing choke-ups if any for drainage system, rain<br />

water disposal system alongwith drainage chambers and periodic cleaning of septic tank for<br />

both the buildings.<br />

4. Total material and labour required is to be provided by the contractor at his cost only.<br />

Contractor<br />

- 53 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

5. If any damage to the property of MIDC is observed during housekeeping. contractor has to<br />

repair it at his own cost only.<br />

6. The whole work shall be carried out as per the directions of Engineer-in-charge & it is binding<br />

on the contractor to obey the instructions issued by MIDC officials time-to-time.<br />

7. The contractor has to produce certificate from responsible person using the every building at<br />

the end of every month regarding satisfactory work without which payment will not be<br />

proposed.<br />

8. The contractor is bound to do any additional work than above as instructed by Engineer-incharge<br />

time-to-time for which no any extra payment will be made.<br />

Mode of Measurement:- The contract rate shall be per day basis.<br />

M&R to Water Supply Scheme.<br />

Item No.1:- Daily cleaning of the premises of staff colony @ Satpur, common passages, stairs,<br />

terraces of all building courtyards of all bungalows, housekeeping of community hall, removing<br />

choke-ups in drainage system including all materials, labour etc. complete-…Job work.The item<br />

includes following jobs.<br />

1. Daily cleaning of common passages, stairs, courtyards of all banglows, buildings, internal roads<br />

in staff colony @ Satpur.<br />

2. Daily cleaning, washing, mopping of community hall in the colony including cleaning of toilets in<br />

it, doors, windows, etc.<br />

3. Cleaning of terraces shall be done once in a month alongwith rain water down take pipes or as per<br />

requirement as directed by Engineer-In-Charge. C.D.works for internal roads are also cleaned as<br />

pre direction Engineer-In-charge to facilitate easy disposal of rain water from colony premises.<br />

4. Cleaning. clearing and removing choke-ups if any for drainage system alongwith drainage<br />

chambers and periodic cleaning of septic tank for staff colony.<br />

5. Total material, labour, tools & plants is to be provided by the contractor at his cost only.<br />

6. If any damage to the property of MIDC is observed during housekeeping, contractor has to repair<br />

it at his own cost only.<br />

7. The whole work shall be carried out as per the directions of Engineer-in-charge & it is binding on<br />

the contractor to obey the instructions issued by MIDC officials time-to-time.<br />

8. The contractor has to produce certificate from responsible person/ security personnel at the end of<br />

every month regarding satisfactory work execution, without which payment will not be made.<br />

9. The contractor is bound to do any additional work than above as instructed by Engineer-in-charge<br />

time-to-time for which no any extra payment will be made.<br />

Mode of Measurement;- The contract rate shall be per day basis.<br />

Contractor<br />

- 54 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

Special Contract Conditions<br />

1. Location: -The services are to be provided at Sub Division under at Satpur, Nashik<br />

Division.<br />

2. Authorized Representative: - The Contractor shall depute authorized representative to<br />

monitor the man powers, at least once in a day, to take the instructions, from engineer incharge.<br />

3. Disputes if any :- If any disputes are found with man power, those will be in<strong>form</strong>ed to<br />

authorized representative. He shall co-ordinate the issues with Staff and shall see that the<br />

man power is working properly.<br />

4. Right to discontinue service :- The Executive Engineer has right to remove or reduce any<br />

man power by giving 7 days notice in writing in case ofi)<br />

The man power provided is in efficient, not able to understand the work,<br />

creating any nuisance, has committed any misconduct, misbehavior, finds any<br />

reasonable cause, discontinuation, irregular in duties etc.<br />

5. Quantum of Services :–<br />

i) The quantum of Services mentioned is indicative and may either increase or<br />

decrease. The Contractor shall have no claim for additional rate for increase or<br />

decreased requirement of Services.<br />

ii) Considering the work load, additional man power may found necessary, in such<br />

case, the additional man power shall be provided after, issuing the letter from<br />

the Executive Engineer. Within 15 days.<br />

6. Leave period for man power:-<br />

i) If any manpower is taking leave more than a day, the same shall be in<strong>form</strong>ed<br />

through authorized representative. In such case, the Contractor shall arrange for<br />

the substitute of equal qualification.<br />

7. Taxes, duties, Insurance to be paid by Contractor: - All the taxes duties, insurance,<br />

transport expenses etc. towards supply of manpower shall be paid by the Contractor. MIDC<br />

shall not take any responsibility and / or any liability on any account and in any way.<br />

Contractor<br />

- 55 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION<br />

(A Government of <strong>Maharashtra</strong> Undertaking)<br />

8. Confidentiality :-<br />

The Contractor, his authorized representative, and the manpower provided should not<br />

disclose any proprietary, confidential in<strong>form</strong>ation relating to the project, Services, Office<br />

work and Operations to any other outsider. It found so the same will be viewed serious,<br />

and will be liable for discontinuation.<br />

9. The personnel appointed by Contractor shall make proper & careful use of supplied<br />

Material etc.<br />

10. It shall be the responsibility of the Contractor to pay the monthly salary to the personnel on<br />

or before 5 th day of Every month, irrespectively of Payment from MIDC.<br />

11. MIDC will not take any responsibility & liability of any personnel on any account.<br />

12. NO Escalation is payable.<br />

Contractor<br />

- 56 -<br />

Executive Engineer,<br />

M.I.D.C., Nashik.


Filename:<br />

NEW DTP <strong>form</strong>at<br />

Directory:<br />

D:\My Documents<br />

Template:<br />

C:\Documents and Settings\Administrator\Application<br />

Data\Microsoft\Templates\Normal.dotm<br />

Title:<br />

TENDER NOTICE NO<br />

Subject:<br />

Author:<br />

Rohidas<br />

Keywords:<br />

Comments:<br />

Creation Date: 5/21/2011 12:13:00 PM<br />

Change Number: 47<br />

Last Saved On: 8/10/2012 6:29:00 PM<br />

Last Saved By: intel<br />

Total Editing Time: 156 Minutes<br />

Last Printed On: 8/10/2012 6:37:00 PM<br />

As of Last Complete Printing<br />

Number of Pages: 56<br />

Number of Words: 22,402 (approx.)<br />

Number of Characters: 127,692 (approx.)

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!