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CONTRACTOR EXECUTIVE ENGINEER 1

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×®Ö×¾Ö¤üÖ ÃÖæ“Ö®ÖÖ ÛÎú´ÖÖÓÛú/ 15/ ÃÖ®Ö 2012-13

ÜÖÖ»Öß»Ö ÛúÖ´ÖÖÓÃÖÖšüß ´ÖÖêÆüÖê ü²ÖÓ¤ü ×®Ö×¾Ö¤üÖ ´ÖÖÝÖ×¾ÖÞµÖÖŸÖ µÖêŸÖ †ÖÆêüŸÖ. †.ÛÎú ÛúÖ´ÖÖ“Öê ®ÖÖÓ¾Ö †Ó¤üÖ×•ÖŸÖ ¸üŒÛú´Ö 1 »ÖÖŸÖæ ü †ÖîªÖê×ÝÖÛú õÖê¡Ö.. »ÖÖŸÖæ¸ †ÖîªÖê×ÝÖÛú õÖê¡ÖÖŸÖß»Ö †ÓŸÖÝÖÔŸÖ ¸üÃŸµÖÖ“Öê †Ó×ŸÖ´Ö ›üÖÓ²Ö¸üßÛú¸üÞÖ Ûú¸üÞÖê. ¹ý. 2,19,33,767.00 2 ¿Öë¦üÖ ¯ÖÓ“ÖŸÖÖ¸üÖÓ×ÛúŸÖ †ÖîªÖê×ÝÖÛú õÖê¡Ö.. † ²»ÖÖòÛú ´Ö¬Öß»Ö ‹ŒÃÖ -‹ŒÃÖ12, ¸üÃŸµÖÖÓ“Öê ×¾ÖÃŸÖÖ¸üßÛú¸üÞÖ. ¹ý. 1,38,35,803.00 3 ¿Öë¦üÖ ¯ÖÓ“ÖŸÖÖ üÖÓ×ÛúŸÖ †ÖîªÖê×ÝÖÛú õÖê¡Ö.. ›ü †Ö¸üÖÜÖ›üµÖÖŸÖß»Ö ˆ¾ÖÔ×¸üŸÖ ¸üÃŸµÖÖÓ“Öê 50 ´Öß.´Öß. •ÖÖ›üß“Öê

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4 ÃÖ®Ö 2012-2013 Ûú×¸üŸÖÖ »ÖÖÝÖÞÖÖ-µÖÖ ÃÖÓÝÖÞÖÛúßµÖ Ã™êü¿Ö®Ö¸üß“ÖÖ †Öî ÓüÝÖÖ²ÖÖ¤ü µÖê£Öê ¯Öã ü¾ÖšüÖ Ûú¸üÞÖê²ÖÖ²ÖŸÖ ¹ý. 30,73,286.00 5 ¾ÖÖôãû•Ö †ÖîªÖê×ÝÖÛú õÖê¡Ö.. ¸üÃŸÖê ¤êüÜÖ³ÖÖ»Ö ¾Ö ¤ãü¹ýÃŸÖß †ÓŸÖÝÖÔŸÖ “ÖÖî Ö¤ü¸üß ¸ÃŸµÖÖÓ¾Ö¸üß»Ö ÜÖøêü

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MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION ( A Government of Maharashtra Undertaking )

DETAILED TENDER NOTICE NO. 15 OF 2012-2013.

Sealed tenders “B-1” form are invited by the undersigned for the work mentioned below from the contractors registered with Govt. of Maharashtra or with MES, Railways, CPWD, MJP in appropriate class having experience of similar nature work.

The earnest money deposit shall be paid by Demand Draft only drawn in favour of Executive Engineer, MIDC Division, Nanded on any Nationalized/ Scheduled Bank payable at Nanded or submit the copy of E.M.D. Exemption certificate, issued by MIDC without which tender will not be opened. The tender shall be received in two envelopes. The first envelope should contain demand draft for E.M.D. & cost of the tender documents form. The second envelope should contain the price bid in B-1 form down loaded from website of MIDC. The tender should be submitted through reputed Courier Service / RPAD / Hand Delivery so as to reach the office of the Chief Engineer, MIDC, Ujwal Enterprises, Airport road , Nanded / Superintending Engineer, MIDC Aurangabad Circle, Aurangabad./ Executive Engineer MIDC Division, Nanded above Incom Tax office Bafna Tea point Nanded on due date and time.

Any delay for submission of tender will be on the contractor’s account and MIDC will not be responsible for the same.

If the submission is not done in proper manner as prescribed above, the

offer shall not be considered at all..

1. Name of Work Jintur & Basmat Industrial Area..... Providing energy efficient fittings to street lights on internal roads.

2. Estimated Cost Rs.3,22,570.00

3. Class of Registration Class D & above

4. Type of agreement B-1 Tender form

5. Earnest Money Rs. 3300.00 by Demand draft drawn on any Nationalized/scheduled bank only or exemption certificate issued by MIDC.

6. Cost of blank tender form Rs. 1000.00

7. Security Deposit

a Initial 3% security deposit by demand draft of nationalized/ scheduled bank payable at Nanded (On estimated cost or tendered cost whichever is higher)

Rs. 9900.00

b Balance 5% security deposit shall be recovered through

Rs. 16,500.00


Running Account bills

8 Time Limit Three calendar months from the date of placing work order (including Monsoon)

9 Date of uploading of tender document

02.09.2012

10 Period of down loading the tender documents

02.09.2012 to 09.09.2012

11 Date of submission of tender in the Office of the Chief Engineer, MIDC, Ujwal Enterprises, Airport road , Nanded / Superintending Engineer, MIDC Aurangabad Circle, Aurangabad./ Executive Engineer MIDC Division, Nanded above Incom Tax office Bafna Tea point Nanded.

13.09.2012 upto 13.00 hrs.

12 Date of opening of tender in the office of the Executive Engineer, MIDC, Nanded Division, Nanded.

18.09.2012 at 15.30 hrs. (If possible).

13 Compensation for delay in work completion

Rs. 200.00 Per day

15 Validity of the offer (from the date of opening of the tender)

180 days

The intended tenderers are requested to down load the

tender documents which will be available on the website of MIDC www.midcindia.org. from 02 /09 /2012 to 09 / 09 /2012, 14.00 hrs. onwards.

The intended tenderers are requested to down load tender documents from website, which shall be filled and submitted. No change should be made in the tender script by the tenderer and if after submission of the tender it is noticed that the tender script is changed, the tender submitted will be summarily rejected.

The tenders should be submitted in the office of the Chief Engineer,

MIDC, Ujwal Enterprises, Airport road , Nanded / Superintending Engineer, MIDC Aurangabad Circle, Aurangabad./ Executive Engineer MIDC Division, Nanded above Incom Tax office Bafna Tee point Nanded.on due date and time through reputed courier service/RPAD/Hand delivery. Any Delay in the submission of the tender will be on the contractor’s account and MIDC will not be responsible for the same.

Right to reject any or all the tenders without assigning any reason thereof is

reserved by the MIDC.



PROCEDURE FOR DOWN LOADING TENDER FORM

A) The tender documents consists of

i) Main tender documents from page No. 01 to page No. 85 ii) Drawings from drg.no. 1 to drg. No.02 iii) It should be noted carefully by the contractor that the offer is to be

submitted in two separate sealed envelopes superscribed with the name of the work. Each of the envelope will contain following documents.

ENVELOPE No. 1:-

1. Demand draft for EMD drawn on any nationalized/scheduled Bank payable

in favour of Executive Engineer, MIDC,. .. Nanded. Division .Nanded.

or Exemption certificate of EMD issued by MIDC.

2. Demand draft for cost of Tender from ( Non refundable ) drawn on any

nationalized/scheduled Bank payable in favour of Executive Engineer,

MIDC, Nanded. Division, Nanded.

3. True copy of valied registration certificate in appropriate class with PWD

Govt. of Maharashtra, MES, CPWD, Railways, MJP, CIDCO duly attested

by Gazetted officer or MIDC Officer.

4. Undertaking for non-employment of Ex- employee of MIDC in form

provided by MIDC only shall be furnished by the contractor else envelope

No. 2 shall not be opened.

5. Payment of initial security deposit condition if any. As regards initial

security deposit, in case contractors desire to pay the same in the from of

Bank Guarantee in such case contractor should specifically submit his

intention in envelope No.1 otherwise S.D. shall have to be paid in the from

of DD only.

6. Valid copy of registration under VAT Act- 2002.

7. Photocopy of PAN Card


If the EMD, and cost of tender from is not paid in prescribed from as

stipulated in the tender notice or valid Exemption certificate issued by MIDC is not

submitted in envelop No.1 the main tender document ( i.e. Envelope No.2) shall

not be opened at all, the offer shall stand as rejected.

ENVELOPE No. 2:-

1. Tender form duly filled in and singed each and every page without any

condition, Conditional offer will be rejected out right.

The tenders submitted after due date, and time mentioned in the tender

notice shall not be accepted at all.

No documents which may disclose the offer quoted for the work be

enclosed in the envelope No.1 Further it shall be categorically mentioned that

tender form be chronologically arranged and binded before submission.



NAME OF WORK :- Jintur & Basmat industrial area..... Providing energy efficient fittings to street lights on internal roads.

S C O P E O F W O R K

Jintur Industrial Area is developed on 89.27 Hector of land, the area is located at a distance of 4.00 km from Jintur city. Basmat Industrial Area is developed on 15.00 Hector of land, the area is located at a distance of 4 km from Basmat city. It is now proposed to provide energy efficient fittings to street lights on internal roads.

The scope of work includes supplying and erecting PVC insulated wire 2 x 2.5 sqmm aluminum wire, supplying and erecting energy efficient street light T-5 fittings suitable for 4 x 14 watt T- lamps, supply and fixing jali cover to protect the fitting.

The contractor shall note following points carefully

1) The contractor shall make his own arrangement for water supply and power supply required for the work.

2) The contractors are requested to inspect the site before quoting their rates.



DIRECTION TO THE TENDERER FOR FILLING THE TENDER

1) The tender documents are made available on the web site and Tenderers are requested to down load entire tender documents from the website and submit the tender to MIDC . The tender shall be received in two envelope. The first envelope should contained the demand draft for EMD, Demand Draft for cost of the tender. If demand draft towards the cost of tender (Non Refundable) and the EMD is not found in first envelope, then the price bid (IInd Envelope) of the tenderer shall not be opened. 2) It should be noted by the tenderers that the tender duly down loaded from website should be filled and submitted. No change should be made in the tender script by the tenderer and if after submission of the tender, it is noticed that the tender script is modified or any change whatsoever is made in the tender document, the tender submitted will be summarily rejected. The tenderer shall duly sign and complete the printed form. Every page of the tender documents including specifications, drawings, every correction, deletion or addition and every slip pasted etc. shall be signed by the tenderer. The tenderer should quote the percentage in words and figures. Where the percentage in words differs from the percentage in figures, the lowest of the two shall be taken as correct percentage. The Tenderer should carefully note the unit of each item. No change in this unit shall be made. In case of any doubt, the intending Tenderer should refer the matter to the Executive Engineer and get necessary clarification. 1) PAYMENT OF E.M.D. i) The earnest money deposit as declared in detail tender notice shall be paid fully in the form of Demand Draft. If the Earnest Money Deposit is not found as per tender notice, the offer of the contractor placed in 2nd envelope shall not be opened and the tender is liable for rejection out-right. ii) The payment of EMD and/or initial security deposit shall be made in the form of demand draft, and the D.D. shall be drawn on any Nationalized/scheduled Bank only in the name of the Executive Engineer, MIDC, Nanded Division, Nanded duly crossed. iii) The contractor who have been exempted by MIDC from making payment of earnest money deposit, need not pay the earnest money deposit alongwith the offer. However the copy of such valid exemption certificate shall be enclosed in the first envelope. iv) The E.M.D. in other form is not acceptable and in absence of proper earnest money deposit, tender is liable to rejection out-right.



SPECIAL DIRECTION TO THE TENDERER

All the contractors are requested, to note that the following conditions carefully while offering their rates. 1. Initial Security Deposit to be paid by the contractor, shall be paid in the form of Demand Draft. Initial Security Deposit shall not be accepted in the form of fixed deposit receipts. 2. The initial Security Deposit should be paid by the Demand Draft by the contractor at the time execution of agreement and remaining shall be recovered through Running Account Bills. The contractor shall have to pay stamp duty as divided by the Registration Authorities on Initial Security deposit so communicated and after confirmation of exact amount of stamp duty from the stamp authority. The necessary help will be extended in this respect for franking from the Registration Authorities. In case the contractor intends to make the payment of Initial Security Deposit in form of Bank Guarantee, they shall have to submit Bank Guarantee in MIDC form on stamp of worth Rs.100/- or on stamp paper as agreed by the Banks and the adhesive stamp of Rs.100/- fixed on page No.46 of B-1 printed form of tender. The tenderer who intends to pay the Initial Security Deposit in the form of Bank guarantee should mention clearly in their forwarding letter that “ Tenderer wish to avail the facility of payment of initial security deposit in a form of bank guarantee”. and should enclose the letter in 1st envelop or else the tenderer shall not be permitted to avail the said facility. However the acceptance of Bank Guarantee shall be at the discretion of the Competent Authority. Initial Security Deposit at 3 % and subsequent security deposit at 5% to be recovered from the contractor shall be calculated on estimated cost put to tender or tendered cost whichever is higher.



ADDITIONAL CONTRACT CONDITIONS- I

1. The Contractor shall employ an authorized all time agent on this work

capable of handling and guiding the work and understanding the Specifications. He shall

take orders as will be given by the Executive Engineer or his representatives and shall be

responsible for carrying them out. This agent shall not be changed without prior intimation

to the Executive Engineer and his representative on the work site.

2. The contractor shall take all the precautions during the execution of work

so as not to cause any damage to any property and shall be responsible to make it good

as directed.

3. The Contractor should make his own arrangement of water required for

work and other purposes at his own cost.

4. Quality Audit :- Quality audit shall be done after completion of 80 % work

by the competent authority. The contractor shall have to comply all the objection raised

by the quality auditor without any extra cost.

5. If in the opinion of the Engineer-in-charge any building material brought by

the contractor is defective, improper, unsuitable or not as per the specifications the same

shall be removed within 24 hours from the receipt of the written instructions from the

Engineer-in-charge, otherwise the same shall be disposed off by the department at risk

and cost of the contractor and no claim shall be entertained on this ground.



ADDITIONAL CONTRACT CONDITIONS-II

1. COMMON CONDITIONS :-

1.1 Extra charges for any item of work shall not be allowed unless the

work to which it relates is clearly without the spirits and meaning of the

Specification or unless such work ordered in writing by the Engineer-in-charge

and are claimed for in the specified manner before the work is taken in hand.

1.2 The contractor shall bear all the expenses for making all necessary

provisions for housing, water supply and sanitary arrangements for his employees

and shall pay directly to the concerned authorities, all rates, taxes, royalties and

other charges to the Health Department of the concerned Municipality.

2. MATERIALS :-

2.1 Unless otherwise specifically provided for whether in the item or in

the Schedule “A” or in Specifications for supply of the materials by the

Department, all item in the tender are inclusive of the cost of all material. The

material as are not stipulated to be supplied by department as per Schedule “A”

shall be provided by the contractor of approved type and make only.

2.2 All the materials used in the work shall be of quality as per samples

got previously approved and any materials rejected shall be removed by the

contractor from the site of work within 24 hours failing which the same will be got

removed by the department at his cost.

2.3 The contractor shall have to use departmental material if supplied by

department at the rate mentioned in Schedule “A”. The materials so supplied shall

be used for the work in tender only. The contractor shall maintain a regular

account of the receipt and the use of such materials to the satisfaction of the

Engineer-in-charge and submit monthly statement thereof. He shall keep the

account of such material in suitable books, which will be available for the

inspection to the Engineer-in-charge whenever, demanded. The contractor will be


responsible for a proper handling and safe custody of all materials delivered to

him by the department.

He shall make a proper and economic use of all materials supplied

by the department whether free of cost or on payment for utilization in the

execution of the contract.

All the surplus materials from those supplied by the department to

the contractor free of charge shall be returned to the department at places as

directed and if any shortages are noticed or found in damaged or unserviceable

condition the cost thereof as fixed by the Executive Engineer will be recovered

from the contractor. All the surplus materials from those supplied by department

on payment shall neither be disposed of nor removed by the contractor without

obtaining permission of the Engineer-in-charge to that effect as the Engineer-in-

charge shall have the option to take over of such surplus materials at the issue

rates.

2.4 The contractor shall give at the time of taking delivery receipts for all

the materials, pipes and specials etc. issued to him when those issued free of cost

to the safeguard specially against wrong debit being raised by the contractor.

2.5 The contractor should not be entitled to claim compensation from the

department on account of delay by the department in supply of materials entered

in Schedule “A”.

In case of such delay the department shall however, grant such

extension of time limit for the completion of work as may appear reasonable to the

Engineer-in-charge and his decision shall be final and shall be accepted by the

contractor.

3. WORKS :-

3.1 The contractor shall have no claim for compensation on account of

reasonable variation in the depth of foundations for trenches.

3.2 Any Item not covered in the Schedule “B” of this tender but required

to be executed shall be carried out by the contractor at the MIDC schedule of

rates or the rate approved by the competent authority if the item are not found

included in the schedule.

3.3 The layout of all the work shall be marked by the contractor on site

with permanent pillars as directed. The necessary levels shall be given by the


MIDC officials. The contractor must however provide the necessary labour and

materials for making out the ground and keep all the references levels and lining

pegs sealed in cement concrete and execute the work in accordance with those

levels for which he shall be responsible through out the whole period of the

contract.

4. CARTING :-

4.1 The contractor shall provide his mode and conveyance for carrying

for pipes, specials and other materials required for the execution of the work.

4.2 The contractor shall provide diversion to the affected existing road, if

required, as directed by the Engineer-in-charge at his own cost.

5. TIME LIMIT :-

The time limit for the completion of work covered shall be 03 (Three)

calendar months from the date of work order inclusive of Monsoon.

6. GENERAL :-

6.1 The contractor shall be deemed to be thoroughly conversant with the

local conditions such as the availability of all construction materials, skilled and

unskilled labour and to have based his rates accordingly for this work. He shall

also be deemed to have carefully studied all the specifications and drawings and

followed them before the submission of the tender.

6.2 In case of any discrepancy between the type of working drawings on

one hand and the working of the corresponding items and specifications, thereof,

as per the contract, the latter shall be deciding for the purpose of actual execution

of items. However the Executive Engineer’s decision should be obtained in the

matter before taking work in hand. For a composite item any higher specification

needs to be adopted for any component as a result than specified in the item and

specifications therefore, extra rate shall be payable. No major deviation involving

substantial extra outlay shall be made without the prior approval of the

Superintending Engineer.



ADDITIONAL CONTRACT CONDITIONS-III

1. A work order book shall be maintained by the MIDC officials on site / or in the office of the Division and Sub-Division under it. The contractor will sign orders given there in by the Executive Engineer, his representative and his superior officers and will comply them. For this purpose, the contractor or his authorized representative shall have to attend the site and / or said office daily for receiving instructions. 2. The contractor shall provide free of charge all labours and materials required for work included in this tender. He will have to provide such aids as decided by the Executive Engineer as are considered necessary for the purpose and systematic execution of the work. 3. Orders issued by the Engineer-in-charge from time to time regarding the conduct of the work shall be binding on the contractor. 4. It shall be the contractor’s responsibility to inspect and investigate the work sites thoroughly so as to arrive at the rates quoted in the tender. In this regard necessary information available with the department will be given to him without any guarantee about it’s full proof ness. 5. The contractor has to clear road land width, including cutting trees less than 30 cm. In girth, cleaning brush wood, loose stones vegetation, bushes, stumps and mole bills without any extra cost. 6. The contractor should have experience of executing the similar type work of costing more than 10 Lakhs. 7. Material such as all type of pipes (of all sizes)R.C.C/P.S.C/M.S/D.I./CI.A.C/HDPE/PVC/GRP & other, all type of valves (of all sizes), any other materials as per requirements which are supplied by the contractor under this contract are subject to inspection in presence of MIDC representative. The charges for such inspection shall be paid by the contractor. All the arrangements for inspection i.e. measuring tools, testing equipments and tools, labour required for handling materials during testing etc. shall be made available /arranged by the manufacture/vendor/contractor in their premises at their own costs. If any particular testing facility is not available at the premises/location of factory, then the test shall be arranged by the factory owner/vendor at his own cost at the locations/test laboratory. All expenses in this regard shall also have to be borne by the manufacture/vendor/ contractor only.

If the material inspected fails during test on no fault of the inspecting agency,fees are payable to the inspecting agency for the said inspection & for any futher re- inspection of the same material.

If it is subsequently observed that there are defects in the quality of material, the agency shall replace the material without any extra cost.

Inspection Report: The inspection report merely in the certificate

form statement form that pipes / valves / specials or any other material inspected found unsatisfactory will not be accepted, but it should be in the form of detailed


report stating the parameters checked & observation made with comments of the inspecting officer in accordance with the respective specifications/detailed item wise specification / as per Tender notice.


ADDITIONAL TERMS AND CONDITIONS.

REGISTRATION UNDER CONTRACT LABOUR ACT. 1971. If the work is awarded to the contractor by MIDC, the contractor

should note that the contractor should produce the certified copy of the

registration in prescribed form issued by the Labour Commissioner under Contract

Labour Act, 1971. as an employer, as long as they are directly employing the

workers for execution of the contract works awarded to them by MIDC and comply

with the provisions of the Act. After acceptance of tender by MIDC the contractor

shall give intimation about work order and get this particular work registered within

a period of fifteen days from the date of issue of work order, from Labour

Commissioner under Contract Labour Act-1971 failing which no permission shall

be granted to continue further work under this agreement.



SPECIAL INSTRUCTION TO TENDERER

Subject: Maharashtra Value Added Tax Act,2002.

“Works contract act under Maharashtra Value Added Tax

Act,2002.”

1.The tender rates shall be inclusive of all taxes , rates and cess and also shall be inclusive of tax leviable in respect of the works contract under the provision of the Maharashtra Value Added Tax Act,2002. 2.The contractor who submits the tender should necessarily be a registered dealer under the Maharashtra Value Added Tax Act,2002. 3.The contractor shall submit the registration certificate as the registered dealer under the Maharashtra Value Added Tax Act,2002 at the time of submission of tender or at the time of issuing work order. 4.MIDC will deduct this tax at source at 2%(for registered dealer) and 4% of value of work done as per section 31 of the Maharashtra Value Added Tax Act,2002 and notification no. VAT-1505/CR-123/Taxation-1 dated 01.04.2005. TDS certificates to this effect will be issued by MIDC.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION

( A Government of Maharashtra Undertaking ) Stamp duty on works Contract/Tender Agreement As per the Bombay Stamp

Act 1958

“The contractor whose offer will be accepted will called for execution

of the agreement and shall only be liable to pay the stamp duty applicable

thereon”.

The provision of Article 63 are as below;

Works contract, that is to say a contract for works and labour or services involving transfer or property in goods (whether as goods or in some other form) in its execution and includes a sub-contract-

a) Where the amount or value set forth in such contract does not exceed rupees ten lakh

One hundred

b) Where it exceeds rupees ten lakh One hundred rupees plus one hundred rupees for every Rs.1,00,000/- or part thereof, above rupees ten lakh, subject to the maximum of Rs.5,00,000/-



Terms and conditions for the reimbursement of taxes/duties

“While submitting the tender, the contractor shall consider prevailing

taxes and duties on the date of submission. In case there is statutory increase in

the taxes/duties, the contractor shall submit documentary evidence for the

payment of the same. On verification of the documents, the reimbursement will be

made if there is increase. In case there is reduction in the statutory taxes, duties,

deduction will be effected It may also be noted that this clause is not applicable if

there is increase in the Octroi during execution of the work”



SERVICE TAX CLAUSE.

1. The tendered rate shall be inclusive of all taxes, rates &

cesses & shall also be inclusive of the tax liable in respect of

service Tax under the provision of Service Tax Act.

2. The contractors who submit the tenders should necessarily be

registered under the service Tax Act, if he is providing services

covered under Service Tax Act.

3. The successful tenderer shall himself be liable / responsible to

pay the Service Tax with education cess thereon to concerned

government authority directly ( after receiving the payment ) as

per the prescribed rate declared by concerned government

authority time to time & within the prescribed period as per

Service Tax Act.



CLAUSE FOR RECOVERY OF LABOUR CESS :

The Govt. of Maharashtra vide its decision dated 17/06/2010 has decided

to recover Labour cess on all the construction works undertaken by Govt., Public

sector undertaking and Municipal Corporation, Municipal Councils Gram

Panchayat etc. The contractors are therefore requested to not that labour cess at

1% of the cost of construction ( excluding land cost ) arrived at after deducting

amount of compensation if any paid to the workers or their relatives under workers

compensation Act 1923 will have to be paid by them.

The contractor shall initially pay 75% amount of the labour cess worked out

on the basis of estimated cost or tendered cost which ever is higher to the MIDC

at the time of execution of agreement. Only after payment of the cess, work order

shall be issued to the contractor.

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

the date of work order or at time of pre final bill and the labour cess shall be

worked out on the basis of actual cost of the work executed by the

contractor. The balance amount of cess shall be recovered from pre-final /

final bill.

b) The final bill shall be paid to the contractor after the recovery of balance

amount of Labour Cess for the said work.



SPECIAL CONDITION

1) The Contractor is hereby requested to note scrupulously

that the responsibility of careful storage and safe custody of any type of material

supplied by him at worksite vide the Scheduled items for supply of material in

items Schedule B, solely rests with him up to the satisfactory laying, jointing,

erecting or fixing of materials or whatever may be the use as per job

requirements, up to the completing/ commissioning of the work as a whole. The

Contractor shall specially note that all the materials required for a job shall be

supplied and used at work site only and not at departmental store.

2) The contractor shall be held responsible for any structural

damage and theft of the materials supplied by him at work site up to the

completion of job and commissioning of the job. Any loss due to damage / theft of

material supplied etc. shall be made good by recovering the amount to that extent

from the contractor through the next bills or from any dues payable to him by

M.I.D.C. or as a Revenue Recovery.



Price Variation Clause

If during the operative period of the Contract as defined in condition (i)

below, there shall be any variation, in the Consumer Price Index (New Series) for

Industrial Workers for MUMBAI Centre as per the Labor Gazette published by the

Commissioner of Labor, Government of Maharashtra and/or in the whole-sale

Price Index for all commodities prepared by the Officer of Economic Adviser,

Ministry of Industry, Government of India, or in the price of petrol / oil and

lubricants and major construction materials like bitumen, cement, steel, various

types of metal pipes etc., then subject to the other conditions mentioned below,

price adjustment on account of

(1) Labour Component

(2) Material Component

(3) Petrol, Oil and Lubricants Component

(4) Bitumen Component

(5) HYSD & Mild Steel Component

(6) Cement Component

(7) C.I. and D.I. Pipes Component

calculated as per the formula hereinafter appearing, shall be

made. Apart from these, no other adjustments shall be made to the contract

price for any reasons whatsoever. Component percentage as given below are as

of the total cost of work put to tender. Total of Labor, Material & POL

components shall be 100 and other components shall be as per actuals.

1 Labour Component – K1 ( 20%)

2 Material Component – K2 ( 78%)

3 POL Component – K 3 ( 02%)

4 Bitument Component Actual

5 HYSD & Mild Steel Component Actual

6 Cement Component Actual

7 C.I. and D.I. pipe Component Actual


Note :- If Cement, Steel, Bitumen, C.I.&D.I. Pipes are supplied on Schedule

‘A’, then respective component shall not be considered. Also if particular

component is not relevant same shall be deleted.

1 Formula for Labour Component : V1 = 0.85 P ( K1 X L 1 - L0 ) 100 L0

Where.

V1 = Amount of price variation in Rupees to be allowed for Labour component. P = Cost of work done during the quarter under Consideration Minus The cost of Cement, HYSD and Mild Steel, bitumen, C.I. & D.I. Pipes calculated at the basic star rates as applicable for the tender, consumed during the quarter under consideration. ( These star rates shall be specified here) K1 = Percentage of labour component as indicated above. L0 = Basic consumer price index for MUMBAI centre shall be average consumer price index for the quarter preceding the month in which the last date prescribed for receipt of tender, falls. L1 = Average consumer price index for MUMBAI Centre for the quarter under consideration.

2 Formula for Materials Component :

V2 = 0.85 P ( K2 X M 1 - M0 ) (100 M0 )

V2 = Amount of price variation in Rupees to be allowed for Materials component. P = Same as worked out for labour component. K2 = Percentage of material component as indicated above. M0 = Basic wholesale price index shall be average wholesale price index for the quarter preceding the month in which the last date prescribed for receipt of tender falls.

M1 = Average wholesale price index during the quarter under consideration.

3 Formula for Petrol, Oil Lubricant Component :

V3 = 0.85 P ( K1 X P 1 - P0 ) (100 P0 )


Where V3 = Amount of price variation in Rupees to be allowed for POL component.

P = Same as worked out for labour component. K3 = Percentage of Petrol, Oil Lubricant Component. P0 = Average price of HSD at MUMBAI during the quarter preceding the month in which the last date prescribed for receipt of tender fails.

P1 = Average price of HSD at MUMBAI during the quarter under consideration. 4 Formula for Bitumen Component :

V4 = QB (B1 - B0)

V4 =Amount of price variation in Rupee to be allowed for Bitumen component. QB = Quantity or Bitumen (Grade 60/70, 80/100) in metric tonne used in

the permanent works and approved enabling works during the quarter under consideration. B1 = Current, average ex-refinery price per metric tonne of Bitumen (Grade 60/70, 80/100)under consideration including taxes (octroi, excise sales tax ) during the quarter under consideration. B0 = Basic rate of Bitumen in rupees per metric tonne as considered for working out value of P or average ex-refinery price in rupees per metric tonne including taxes (octroi, excise sales tax ) of Bitumen for the grade of bitumen under consideration prevailing quarter preceding the month in which the last date prescribed for receipt of tender, falls, whichever is higher 5 Formula for HYSD and Mild Steel Component :

V5 = So ( SI1 - SI0 ) ----------------- X T SI0

Where V5 = Amount of price variation in Rupees to be allowed for HYSD / Mild Steel component.

So = Basic rate of HYSD/Mild Steel in rupees per metric tonne as considered for working out value of P. SI1 = Average Steel Index as per RBI Bulletin during the quarter under


consideration. SI0 = Average of Steel Index as per RBI Bulletin for the Quarter preceding the month in which the last date prescribed for receipt of tender, falls. T = Tonnage of steel used in the permanent works for the quarter under consideration. 6 Formula for Cement Component :

V6 = C0 ( CI1 - CI0 ) ----------------- X T CI0 V6 = Amount of price escalation in Rupees to be allowed for cement component.

Co =Basic rate of cement in rupees per metric tonne as considered for working out value of P CI1 = Average cement Index published in the RBI bulletin for the quarter under consideration.

CI0 = Average cement Index published in the RBI bulletin for the quarter preceding the month in which the last date prescribed for receipt of tender falls.

T = Tonnage of cement used in the permanent works for the quarter under consideration.

7 Formula for C.I./D.I. Pipe Component :

V7 = Qd ( D1 - D0 ) Where V7 = Amount of price escalation in rupees to be allowed for C.I./D.I. Pipe component.

Do =Pig Iron basic price in rupees per tonne considered for working out value of P D1 = Average Pig Iron price in rupees per tonne during the quarter under consideration (Published by IISCO)

Qd = Tonnage of C.I./D.I. Pipe used in the works during quarter under consideration.

The following conditions shall prevail :


i) The operative period of the Contract shall mean the period

commencing from the date of work order issued to the Contractor and

ending on the date on which the time allowed for the completion of the

works specified in the Contract for work expires, taking into consideration

the extension of time, if any, for completion of the work granted by the

Engineer under the relevant clause of the Conditions of Contract in cases

other than those where such extension is necessitated on account of

default of the Contractor. The decision of the Engineer as regards the

operative period of the Contract shall be final and binding on the

Contractor. Where any compensation for liquidated damages is levied on

the Contractor on account of delay in completion or inadequate progress

under the relevant Contract provisions, the price adjustment amount for the

balance of work for the date of levy of such compensations shall be worked

out by pegging the indices, L1, M1, C1, P1, B1, SI1 and CI1 to the levels

corresponding to the date from which such compensation is levied.

ii) This price variation clause shall be applicable to all contracts in B1, / B2 &

C form but shall not apply to piece works. The price variation shall be

determined during each quarter as per formula given above under this

clause.

iii) The price variation under this Clause shall not be payable for the extra

items required to be executed during the completion of the work and also

on the excess quantities of items payable under the provisions of Clause

38 / 37 of the contract from B1, / B2 respectively. Since the rates payable

for extra items or the extra quantities under Clause 38 /37 are to be fixed

as per current DSR or as mutually agreed to yearly revision till completion

of such work. In other words, when the completion / execution of extra

items as well as extra quantities under Clause 38 /37 of the contract from

B1, / B2 extends beyond the operative date of the DSR then rates payable

for the same beyond the date shall be revised with reference to the current

DSR prevalent at that time on year to year basis or revised in accordance

with mutual agreement thereon, as provided for in the Contract, whichever

is less.


iv) This clause is operative both ways, i.e. if the price variation as calculated

above is on the plus side, payment on account of the price variation shall

be allowed to the contractor and if it is on the negative side, the

Government shall be entailed to recover the same from the Contractor and

the amount shall be deductible form any amounts due and payable under

the contract.

v) To the extent that full compensation for any rise or fall in costs to the

Contractor is not entirely covered by the provision of this or other clauses in

the contract the unit rate and prices indicated in the contract shall be

deemed to include amount to cover the contingency of such other actual

rise or fall in costs.



DEFECT LIABILITY CLAUSE

1. Security deposit at 8 % of the estimated cost or tendered cost

whichever is higher shall be recovered as under: -

A) 3 % Initial Security Deposit in the form of Bank Guarantee or DD at

the time of issue of work order.

B) 5% initial security deposit to be recovered in cash through R.A. Bills.

2. The Security Deposit of 8 % shall be released on production of No

Objection Certificate from the Deputy Engineer concerned after completion of

Defect Liability Period as applicable i.e. after 1 year from the date of completion.

Before releasing such security deposit after one year i.e. after the expiry of defect

liability period, the Executive Engineer along with the representative of the

contractor shall inspect the work and if the work is found to be satisfactory then

only 5 % security deposit shall be released. In addition to that, after completion

of work, the Executive Engineer and the contractor shall jointly inspect the work

after every six month and if any defects are noticed, the same shall be rectified

within 8 days by the contractor at his / their cost. If contractor fails to carry out

repairs within 8 days, then same shall be carried out by MIDC against 5 % initial

security deposit deducted through R.A. bills paid to the contractor.

List of Defects to be observed for Defect Liability Period. :

1) Non working of T-5 fitting.

2) Damage of wire mesh.



UNDERTAKING FOR GUARANTEE

I / We Guarantee that,

1) I / We will replace, repair free of cost any part of the work which fails

to comply with the specifications or amendments to such specifications as referred

in Tender Specifications attached to the tender.

2) The entire work will be executed and completed as per tender

specifications / conditions of the contract.

3) Entire work will be proved in service to be suitable for the duty

required by the specifications and will have been manufactured and tested in

accordance with the appropriate standard specifications approved by the

Engineer-in-charge.

4) We accept and abide by the clauses relating to quality and

guarantee of work.



DECLARATION BY CONTRACTOR

I / We hereby declare that I / We made myself / ourselves thoroughly

conversant with the local conditions regarding materials and labour on which my /

our offer is based for the work.

The Specifications, clauses and conditions for this work have been

carefully studied and understood by me before submitting this tender.

I undertake to use only the material approved by the Engineer-in-

charge before starting the work, and to abide by the decision of the Engineer-in-

charge.

I undertake to pay the labour engaged on the work as per Minimum

Wages Act and its amendments from time to time applicable to the Zone

concerned.


MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION

( A Government of Maharashtra Undertaking )

(Condition relating to Insurance of Contract Works) Contractor shall take out necessary Insurance Policy/Policies so as to provide adequate insurance cover for execution of the awarded contract work for total contract value and complete contact period from the “Directorate of Insurance, Maharashtra State, Mumbai” only. Its postal address for correspondence is “264 MHADA, first floor, Opp. Kalanagar, Bandra (East), Mumbai 400 051”. (Telephone Nos. 6438690/ 6438746 and Fax No,. 6438461). Similarly, all workmen appointed to complete the contract work are required to be insured under workmens’ compensation Insurance policy. Insurance policy/policies taken out from any other company will not be accepted. If any contractor have effected insurance with any Insurance Company, the same will not be accepted and the amount of premium calculated by the Directorate of Insurance will be recovered directly from the amount payable to the Contractor for the executed contract work.

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Documents

earnest money

excise sales

initial security

initial security

added tax

defect liability

service tax

basmat industrial