B-1 AGREEMENT System Generated e-Tender No ... - e-Tendering

65 Dy. Executive Engineer
9.3 The Contractor shall duly comply with the provision of the Apprentices Act 1961 (iii of 1961)
and the rules and orders made thereunder from time to time under the said Rules and on his
failure or neglect to do so he shall be subject to all the liabilities and penalties provided by the
said Act and Rules.
9.4 It is presumed that the Contractor has gone carefully through the Standard Specification (Vol.
I & II 1981 Edition) M.O.R.T. & H specifications (edition 2001) and Schedule of Rate of the
division, and studied the site conditions before arriving at rates quoted by him. The special
provisions and detailed specification of wording of any item shall gain precedence over the
corresponding contrary provisions (if any) in the standard specification given without
reproducing the details in contract. Decision of Engineer-in-charge shall be final in case of
interpretation of specification.
9.5 If the standard specifications fall short for the items quoted in the schedule of this contract
reference shall be made to the latest Indian Standard specifications, I.R.C. codes. If any of
items of this contract do not fall in reference quoted above, the decision and specifications as
directed by the Engineer-in-charge shall be final.
9.6 The stacking and storage of building materials at site shall be in such a manner as to prevent
deterioration or inclusion of foreign materials and to ensure the preservation of the quantity,
properties and fitness of the work. Suitable precautions shall be taken by Contractor to
protect the materials against atmospheric action fire and other hazards. The materials likely
to be carried away by wind shall be stored in suitable stores or with suitable barricades and
where there is likelihood of subsidence of soil, heavy materials shall be stored on paved
platforms. Suitable separating barricades and enclosure as directed shall be provided to
separate materials brought by contractor and from different sources of supply.
10. DEFINITIONS :
Unless excluding by or repugnant to the context :-
a) The expression "Government" as used in the tender documents shall mean the Public
Works Department of the Government of Maharashtra.
b) The expression "The Chief Engineer" as used anywhere in the tender papers shall mean
officer for the time being of the Government of Maharashtra who is designated as such.
c) The expression "Superintending Engineer" as used in the tender papers shall mean the
officer of Superintending Engineer rank (by whatever designation he may be known) under
whose control the work lies for the time being.
d) The expression “Engineer” or “Engineer-In-Charge” as used in the tender papers shall
mean the Executive Engineer-in-charge of the work.
e) The expression "Contractor" as used in the tender papers shall mean the successful
tenderer that is the tenderer whose tender has been accepted, and who has been authorised
to proceed with the work.
f) The expression "Contract" as used in the tender papers shall mean the deed of contract
together with or its original accompaniment and those later incorporated in it by mutual
consent.
g) The expression "Plant" as used in the tender papers shall mean very temporary and
necessary means necessary or considered necessary by the Engineer to execute, construct,
complete and maintain the works and used in altered, modified, substituted and additional
works ordered in the time and in the manner herein provided and all temporary materials and
special and other articles of appliances of every sort, kind and description whatsoever
intended or used therefor.
h) The expression “Department” as used in the tender papers shall means Public Works
Department of Government of Maharashtra.
i) The “Accepting authority” shall mean the officer competent to accept the tender.
j) The “Site” shall mean the land and/or other places where the work is to be executed under
the contract including any other land or places which may be allotted by the Government or
use for the purpose of contract.
Signature of Contractor No. Of Corrections Executive Engineer