PARADIP PORT TRUST

ENGINEERING DEPARTMENT
PLANNING DIVISION

BID DOCUMENT FOR THE WORK

CONSTRUCTION OF NEW BOYS
HOSTEL BUILDING (G+1) FOR
PARADIP COLLEGE

Office of the Planning Division,

Engineering Department, Paradip Port Trust,
First Floor, Administrative Building,
Post: Paradip – 754 142,
Dist: Jagatsinghpur (Odisha).
Tele: +91(0)6722-222766 (O)
Mob: 9777660851
E-mail: eepptsksamal@gmail.com

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 PARADIP PORT TRUST
ENGINEERING DEPARTMENT
PLANNING DIVISION
******
No.: CE/TECH/PD-06/19/265 Date: 19.03.2020
e-Tender Call Notice
1.(a) e-Tenders are invited in Single Stage Two Bid System in Item wise rate basis for the
following work on behalf of Paradip Port Trust from the eligible and experienced
Bidders meeting the pre-qualifying criteria through on-line bidding on the website
eprocure.gov.in/eprocure/app having Digital Signature Certificate (DSC) issued
from any agency authorized by Controller of Certifying Authority (CCA), Govt. of
India and which can be traced up to the chain of trust to the Root Certificate of CCA.
(b) The Bidder should have ESI Code & EPF Registration Certificate.
(c) The Bidder should have GST Registration Certificate.
(d) The Bidder should have submit PAN & Income Tax Return of preceding three years.
2. The bidders may submit bids for the following work.
Estimated Earnest Money Tender
Period of
Description of work Cost of work Deposit fee
Completion
(in Rs.) (in Rs.) (in Rs.)
1 2 3 4 5
Construction of New Boys Hostel 1,46,05,187.66 2,92,105.00 3,000/- 09 (Nine)
Building (G+1) for Paradip Months
College
Scope of work: The main items involved are Providing 300mm dia Single under reamed RCC
M-20, Cutting of pile heads upto 0.30m, Initial load Test for file, Routine load test for working
pile, Earth work in excavation in all kinds of soil, Back filling the excavated material,
Supplying and filling of saline sand, P.C.C (1:3:6), P.C.C (1:2:4), Providing reinforced cement
concrete with C:C (1:1.5:3), Supplying of Fe 500 steel confirming to IS 1786 of TATA/SAIL/RINL
brands, providing rigid smooth, Brick work with Fly ash brick, Cement plaster, cement
punning, painting two coats with plastic emulsion, painting two coats using 1 st quality, 40mm
thick graded concrete, providing A.S. flooring of 40mm, providing and laying ceramic glazed
floor tile, providing and fixing of 1st quality ceramic glazed wall tiles, supplying, fitting, fixing
full body vitrified tile, supplying, fabricating and fixing of stainless steel, providing and
applying termite treatment to soil under floor, Factory made FRP Door frames, supplying,
fitting and fixing of dressed seasoned Salwood frames, supplying, fitting, fixing fully glazed
sliding aluminium window/ventilator, supplying, fitting, fixing aluminium grill, factory made
single/double leaf rigid FRP sand, supplying, fitting, fixing in position 32mm thick piasal
wood panelled shutters for door windows, supplying, fitting and fixing 32mm WPC door and
window shutter, supplying, fabricating, fitting fixing of MS Grill, painting two coats of enamel
paint, R.C.C (1:1.5:3), dewatering the water engaging pump of 5HP capacity, supplying &
fitting and fixing of PH materials, construction of greese chamber, construction of inspection
chamber, construction of soak pit etc and other ancillary works etc.
N.B. (1) The contractor/Agency who has been Blacklisted/Terminated/Debarred in any
other organization as well as PPT will not be considered.
(2) The Contractor/Agency should upload the documentary evidence as mentioned
above at Sl. No.1 (b), (c) & (d).
(3) The contractor must produce experience certificate of Similar Works executed by
him along with the Technical Bid.
(4) EASD if any has to be submitted by the Successful bidder after issue of Letter of
Intent (LOI) by the Division office.
(5) The deposit of cost of Tender Document and E.M.D by the participating bidder will
be made by National Electronic Fund Transfer (NEFT)/Real Time Gross Settlement
(RTGS) only to the Account mentioned as at 3.1(B) (Bid Information).
(OR)

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 Any Firm registered with National Small Industries Corporation Ltd. (NSIC), Micro &
Small Enterprises, 2012 to all MSE’s registered with District Industries Centers
(DIC)/Khadi & Village Industries Commission (KVIC)/Khadi & Village Industries
Board (KVIB)/Coir Board/Directorate of Handicrafts and Handloom or any other
body specified by Ministry of Micro, Small & Medium Enterprises (MoMSME)/
Udyog Aadhar Memorandum (UAM), irrespective of relevance of the product
category shall be exempted towards deposit of EMD and Tender Fee for the subject
tender.
3. TIME SCHEDULE OF TENDER :
Sl.
Particulars Date Time
No.
1 Tender e-Publication date 19.03.2020 17:30 Hrs.
(a) Document download start date 19.03.2020 17:30 Hrs.
2
(b) Document download end date 09.04.2020 17:15 Hrs.
(a) Start date for seeking Clarification on-line ---- ----
3
(b) Last date for seeking Clarification on-line ---- ----
4. Date of Pre-Bid meeting & Site visit ---- ----
5. Date of uploading response to Clarifications sought ---- ----
(a) Bid Submission start date 19.03.2020 17:30 Hrs.
6.
(b) Bid Submission end date 09.04.2020 17:15 Hrs.
7. Tender Opening Date. 13.04.2020 11:30 Hrs.
3.1 CONTRACT DATA
(A) GENERAL INFORMATIONS :
SL.
Item Details
No.
1 Name of the work Construction of New Boys Hostel Building (G+1)
for Paradip College
2 Employer Paradip Port Trust
3 Employer’s Representative Chief Engineer, Paradip Port Trust.
4 Superintending Engineer S.E (T) Circle, Paradip Port Trust.
5 Accepting Authority Chairman, Paradip Port Trust.
6 Executing Authority Executive Engineer, Planning Division, Paradip
Port Trust.
7 Estimated Cost Rs. 1,46,05,187.66. (put to tender).
(B) BID INFORMATION :
8 Intended completion period/Time
09 (Nine) Months.
period assigned for completion
9 Last Date & Time of submission of Date : 09.04.2020
Bid Time: 17:15 Hrs.
10 Date of opening 13.04.2020 at 11:30 Hrs.
11 Tender Fee and Earnest Money Rs.3,000/- and Rs.2,92,105.00 respectively to
Deposit be deposited separately by NEFT/RTGS only to
the Bank Account as detailed below :
A/C No. : 34390705999
In favour of : Paradip Port Trust.
Type of A/C : Saving
Branch : State Bank of India,
Bank Street, Paradip.
IFSC : SBIN0003945
12 Bid validity period 6 (six) months (180 Days).
13 Currency of Contract Indian Rupee
14 Language of contract English

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4. Bidders with the following eligibility criteria only may participate:
4.1 Financial Criteria’s:
Average Annual Turnover during the last three financial years ending with
March’ 2019 (2016-17, 2017-18 & 2018-19) should not be less than
Rs.43,81,556.29 (Scanned copy of the original audited balance sheets with
Profit & Loss account sheets to be submitted in proof of turnover from Charted
Accountant).
Scanned copy of original experience certificate(s) of having successful completion of
similar type of work during the last 07 (Seven) years ending last day of month
previous to the one in which applications are invited should either of the followings:

Three similar completed works each costing not less than Rs.58,42,075.06
(OR)
Two similar completed works each costing not less than Rs.73,02,594.00

(OR)
One similar completed work costing not less than Rs.1,16,84,150.13

N.B:(1) Similar work be defined as any Civil works.

(2) Scanned copy of Original TDS Certificate must be uploaded if the work
certificate from any Private Organization is furnished for the above purpose.
5. Bid documents consisting of e-Tender Notice, Instruction to Bidders for e-procurement,
Instruction to Bidders, General Conditions of Contract (GCC), Special Conditions of
Contract (SCC) & Bill of Quantity (BOQ) in prescribed .xls format and the set of terms
and conditions of contract and tender details can be seen in the website:
eprocure.gov.in/eprocure/app.
6. (a) For effecting the Bid, the Bidder will deposit the Tender Paper cost and EMD
separately to the A/C mentioned at 3.1(B) (Bid Information) by NEFT/RTGS and
obtain the acknowledgement of the said transaction. A copy of these documents
should be uploaded by the Bidder with the Tender in respect of the documents
regarding EMD & Tender Paper cost which will be verified after opening of the Bid.
The bidder should ensure that the transaction will be within stipulated bidding
period for that tender. No previous dues of the bidder shall be adjusted towards the
above transaction of tender paper cost and EMD. The bidder shall not use the same
transaction in more than one tender, otherwise his bid will be rejected.
The account from which the tender paper cost and EMD will be deposited should
be in the name of Contractor/Authorised person of the firm who have digitally
signed the Bid. Refund of EMD in respect of unsuccessful bidders will also be made
to that specific account of the Bidder.
(b) The standard form for refund of EMD is available in the Tender documents under
heading “APPENDICES”, so as to facilitate the bidder for applying refund of EMD.
Refund of EMD in respect of unsuccessful bidder will only be made to that account
from which it was deposited by the Bidder.
7. The Bid documents will be available in the website: eprocure.gov.in/eprocure/app
from 19.03.2020 to 09.04.2020 up to 17:15 Hours for online bidding.
8. The bidder must possess compatible Digital Signature Certificate (DSC) of Class-II or
Class-III.

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9. All Bids are to be submitted online on the Website eprocure.gov.in/eprocure/app. No
Bid shall be accepted off-line. The Bids shall be received only “on line” on or before
09.04.2020 up to 17:15 Hours.

10. The copies of the ESI & EPF Registration should be uploaded by the Bidder while
submitting the Tender.

11. In the e-Tender system, after uploading the Bid; the bidder not to send any documents
(Hard copy) to the Tender inviting Authority before opening of Technical Bid (in case of
Two Stage Bid). After opening of the Bid, the Authenticity of the uploaded documents as
per requirement of the e-Tender document will be verified by the Tender Inviting
Authority.

12. After evaluation of bid, all the bidders will get the information regarding their
eligibility/pre-qualification on website. Thereafter, a system generated e-mail
confirmation will be sent to all successful bidders. The bidders can check the same from
the portal.

13. The Price-bid of the successful bidders (qualified in Technical-bid) will be decrypted
and opened on-line, on the scheduled date and after the pre-scheduled time by the Bid
Openers with their Digital Signature Certificate (DSC). The bidders can view bid
opening remotely on their personalized dash board under “Bid Opening (Live)”
link. The bidders will get the information regarding the status of their financial bid and
ranking of bidders on website.

14. Extra Additional Security Deposit (EASD) wherever applicable will be collected from
the successful bidder along with the Initial Security Deposit (ISD) after issuing the Letter
of Intent (LOI). Back-out from the offer by the participating bidder after opening of
Technical Bid (in case of two stage bid) or price bid (in case of single stage bid) OR non
deposit of EASD by the successful bidder will liable for forfeiture of EMD and
debarment of the bidder from participating in any future tender of PPT. EASD may be
accepted in form of Demand Draft, Bankers Cheque, Bank Guarantee in favour of
FA&CAO, Paradip Port Trust and must be drawn on any scheduled Bank located at
Paradip.
15. Other details can be seen in the bidding documents.

16. The authority will not be held responsible for any technical snag or network failure
during on-line bidding. It is the bidder’s responsibility to comply with the system
requirement i.e. hardware, software and internet connectivity at bidder’s premises to
access the e-Tender website. Under any circumstances, PPT shall not be liable to the
bidders for any direct/indirect loss or damages incurred by them arising out of
incorrect use of the e-Tender system or internet connectivity failures.

17. The authority reserves the right to reject any or all tenders without assigning any
reasons thereof and shall also not be bound to accept the lowest tender.

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18. Clarification of Bids / Shortfall Documents:
During evaluation and comparison of Bids, PPT may ask the Bidder for Clarification on
the Bid at its discretion. The request for clarification shall be given in writing by
Registered/Speed Post/Registered e-mail specifying a time period for submission. If the
Bidder does not comply or respond by the specified date, his tender is liable to be
rejected. No post bid clarification at the initiative of the bidder shall be entertained. The
document sought in the Shortfall information/clarification should be historical which
pre-existed at the time of tender opening and which have not undergone change since
then. These clarifications may be called on the basis of recommendation of Tender
Committee. The shortfall documents asked for should be related to the documents
submitted by the Bidder during bid submission.
19. The bidders are requested to upload a bidder communication details comprising at least
two phone number, fax number, e-mail address while submitting the bids.

20. In case at any time it is found that the documents furnished by the tender is wrong/
false/ forge/ fake, he will be penalized as per norms of PPT.

21. Bidders are requested to read the detail tender call notice carefully and have to upload all
required documents. The uploaded copy must be neat and clean. Bidders are instructed to
be self satisfy about the clarity of document during upload. If any document found
unreadable, less clarity during print out then the bid shall be rejected outrightly.

Executive Engineer,
Planning Division,
Paradip Port Trust
C.C to :
(1) All HODs, PPT for kind information.
(2) Dy. C.E, PPT/Dy. CEE,PPT/ Dy. FA & C.A.O, PPT for kind information.
(3) S.E (T)/SE(E)/EE, PED-III for kind information
(4) P.R.O, PPT for information and necessary action. He is requested to arrange
publication in the Port Gazette and News Paper as per norms. Necessary check list is
enclosed.
(4) HA/A. Padhy, JE(C)/ S. K. Prusty, JE(C) of this Division PPT for information.

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 INFORMATION TO BIDDERS – TABLE OF CONTENT
Sl. No. TITLE
1. General information.
2. Qualifying Requirement.
3. About BoQ.
4. Bid Validity.
5. Earnest Money Deposit (EMD).
6. Submission of Offer.
7. Submission, Opening & Evaluation.
8. Award of Contract (AOC).
9. Fraud & Corruption.
10. Time Schedule.
11. Right of the Board to accept / reject tender.
12. Transfer of tender documents.
13. Income Tax
14. GST
15. Tax recoveries at source.
16. Retired Govt. or Company Officer.
17. Security requirements.
18. Legal Jurisdiction.
19. The Tender.
20. Signing of the Contract.
21. General Tender to form part of Agreement.

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 INFORMATION TO BIDDERS FOR e-PROCURMENT
1. GENERAL INFORMATION :
This section of the bidding documents provides the information necessary for bidders
to prepare online responsive bids, in accordance with the requirements of the Tender
Inviting Authority. It also provides information on online bid submission, opening,
evaluation and contract award.

1.1 INSTRUCTIONS FOR ONLINE BID SUBMISSION:

The bidders are required to submit soft copies of their bids electronically on the
Central Public Procurement (CPP) Portal, using valid Digital Signature Certificates.
The instructions given below are meant to assist the bidders in registering on the CPP
Portal, prepare their bids in accordance with the requirements and submitting their
bids online on the CPP Portal.

1.2 REGISTRATION:
(i) Bidders are required to enrol on the e-Procurement module of the Central
Public Procurement Portal by using the “Online Bidder Enrolment” option
available on the home page. Enrolment on the CPP Portal is free of charge.
(ii) During enrolment / registration, the bidders should provide the correct/true
information including valid email-id & mobile No. All the correspondence shall
be made directly with the contractors/bidders through e-Mail-id provided.
(iii) As part of the enrolment process, the bidders will be required to choose a
unique username and assign a password for their accounts.
(iv) For e-tendering possession of valid Digital Signature Certificate (Class II or
Class III Certificates with signing key usage) is mandatory which can be
obtained from SIFY/TCS/n-Code/e-Mudra or any Certifying Authority
recognized by CCA India on e-Token/ Smart Card.
(v) Upon enrolment on CPP Portal for e-tendering, the bidders shall register their
valid Digital Signature Certificate with their profile.
(vi) Only one valid DSC should be registered by a bidder. Bidders are responsible
to ensure that they do not lend their DSCs to others which may lead to misuse
and should ensure safety of the same.
(vii) Bidders can than log into the site through the secured login by entering their
user ID /password and the password of the DSC / e-Token.

Note : Those who already enrolled not need to go through this step.

1.3 PREPARATION OF BIDS

(i) For preparation of bid, Bidders shall search the tender from published tender
list available on site and download the complete tender document and should
take into account corrigendum if any published before submitting their bids.
After selecting the tender document same shall be moved to the ‘My favourite’
folder of bidders account from where bidder can view all the details of the
tender document.
(ii) Bidder shall go through the tender document carefully to understand the
documents required to be submitted as part of the bid. Bidder shall note the
number of covers in which the bid documents have to be submitted, the
number of documents - including the names and content of each of the
document that need to be submitted. Any deviations from these may lead to
rejection of the bid.
(iii) Any clarifications if required they have go through the contact details given in
the tender document.
(iv) Bidders should get ready in advance the bid documents to be submitted as
indicated in the tender document/schedule in PDF/xls/rar/zip/dwf formats.

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1.4 SUBMISSION OF BIDS
(i) Bidder should log into the site well in advance for bid submission so that he/
she upload the bid in time i.e. on or before the bid submission time. All other
information have been furnished at Sl. No.6 (a) of the e-Tender Call Notice.
(ii) While submitting the bids online, the bidder shall read the terms & conditions
(of CPP portal) and accepts the same in order to proceed further to submit their
bid.
(iii) In the e-tender system, after uploading the Bid, the Bidder need not to send any
documents (hard copy) to the tender inviting authority before opening of
Technical Bid (in case of two stage bid) or Price Bid (in case of single stage
bid). After opening of the bid, the authenticity of the uploaded documents will
be verified by the tender inviting authority.
(iv) Bidder shall digitally sign and upload the required bid documents one by one
as indicated in the tender details according to specified cover.
(v) Bidders shall note that the very act of using DSC for downloading the tender
document and uploading their offers is deemed to be a confirmation that they
have read all sections and pages of the tender document without any exception
and have understood the complete tender document and are clear about the
requirements of the tender document.
(vi) Bidders shall download the Bill Of quantity, in .xls format and save it without
changing the name of the file. Bidder shall quote their rates in figures only in
green background cells, thereafter save and upload the file in financial bid
cover (Price bid) only. The bidders are cautioned that uploading of financial
bid .Macros must be enable to see the word representation of figures.
(vii) Bidders shall submit their bids through online e-tendering system to the
Tender Inviting Authority (TIA) well before the bid submission end date & time
(as per Server System Clock). The TIA will not be held responsible for any sort
of delay or the difficulties faced during the submission of bids online by the
bidders.
(viii) After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the
portal), the bidders shall take print out of system generated acknowledgement
number and keep it as a record of evidence for online submission of bid.
(ix) Bidder should follow the server time being displayed on bidder’s dashboard at
the top of the tender site, which shall be considered valid for all actions of
requesting, bid submission, bid opening etc., in the e-tender system.
(x) All the documents being submitted by the bidders would be encrypted using
PKI (Public Key Infrastructure) encryption techniques to ensure the secrecy of
the data. The data entered cannot be viewed by unauthorized persons until the
time of bid opening. The confidentiality of the bids is maintained using the
secured Socket Layer 128 bit encryption technology.
2.0 QUALIFYING REQUIREMENT:-
The bidder shall furnish documentary proof as below for fulfilling qualifying criteria as
above:
i) Scanned Copies of Similar Nature of work(s), Completion Certificate(s) having
Date of Commencement & Completion, Actual Date of Completion, Contract
Value, Actual Executed Value, Contact address of the organisation/ Contact
person with Mobile No., Land Phone No., FAX No., Postal Address etc who has
issued such certificate(s).
ii) Scanned Copies of Audited Balance Sheet/Profit & loss account/ Certificate
from Chartered Accountant for last three years ending 31st March 2019.
iii) Scanned Copy of EPF Code & ESI registration certificate.
iv) Scanned Copy of Permanent Account Number (PAN) Card, GST Registration
certificate.
v) Scanned copy of statement of works in hand.
vi) Scanned copy of Realistic Bar Chart indicating the Mobilization, execution
and completion of the works in all respects.

9
 vii) Scanned copy of Power of Attorney certificate in case an authorised
representative has signed the tender.
viii) Scanned copy towards Declaration regarding the tenderer’s Site Organisation,
Sources of materials, equipment, methodology of construction etc.
ix) Scanned copy of Plant & machineries/equipments to be used in the work.
x) Scanned copy of List of key personnel for execution of work.
xi) Scanned copy of original TDS Certificate if the work completion certificate
has been obtained from any Private Organization.
xii) Copy of Acknowledgement towards deposit of EMD & Tender Fee. This
verified acknowledgement will be a part of agreement in case of the successful
bidder and will be used for refund of EMD in case of unsuccessful bidder.
3.0 The unit rates in Bill of Quantities shall be quoted strictly in figures only and macros
must be enable to see the word representation of figures.
4.0 BID VALIDITY : The validity of offer shall be 180 days from the date of opening of
tender. A bid valid for a shorter period may be rejected by the Purchaser as being
non responsive. In exceptional circumstances, prior to expiry of the original tender
validity period, the PPT may request the bidder, in writing, for a specified extension in
the period of validity. The bidder may refuse the request without forfeiting its EMD
(bid security). The bidder agreeing to the request will neither be required nor be
permitted to modify its tender.
5.0 EARNEST MONEY DEPOSIT: -
5.1 The Bidder shall deposit EMD of Rs.2,92,105.00 (Rupees two lakh ninety two
thousand one hundred five) only through NEFT/RTGS as mentioned in Table
No.3.1 (B).
(OR)
Any Firm registered with National Small Industries Corporation Ltd. (NSIC),
Micro & Small Enterprises, 2012 to all MSE’s registered with District Industries
Centers (DIC)/Khadi & Village Industries Commission (KVIC)/Khadi & Village
Industries Board (KVIB)/Coir Board/Directorate of Handicrafts and Handloom
or any other body specified by Ministry of Micro, Small & Medium Enterprises
(MoMSME)/ Udyog Aadhar Memorandum (UAM), irrespective of relevance of
the product category shall be exempted towards deposit of EMD and Tender
Fee for the subject tender.
5.2 Any Bid not accompanied with proper EMD or documents in support of EMD
exemption shall be rejected summarily as being non-responsive and the Price Bid will
not be opened.
5.3 The EMD of the unsuccessful bidders will be returned without interest, after
finalisation of tender to the A/C from which the tender paper cost and EMD will be
deposited should be in the name of Contractor/Authorised person of the firm who
have digitally signed the Bid. Refund of EMD in respect of unsuccessful bidders will
also be made to that specific account of the Bidder.
5.4 The EMD (bid security) will be forfeited:
a) If the documents submitted by a bidder proves to be fake at any point of time
during execution of work.
b) If the Bidder adopts corrupt or fraudulent practices and try to influence the
Department during tender processing.
c) In case of a successful Bidder fails to Sign the Agreement or to deposit the
ISD/EASD within the specified time limit.
6.0 SUBMISSION OF OFFER: -
6.1 The tender shall be submitted online in Two Cover system duly scanned and digitally
signed by the authorized representative of the bidder as follows:

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(A) Cover -1 (Technical Bid)
Online bids should be submitted containing original scanned copy of following
document in Cover-1.
i) Scanned copy of Tender fee.
ii) Scanned copy of Earnest Money Deposit (EMD).
ii) Online bids should be submitted containing original scanned copies of the
documents listed out at Sl. No.2 above under the heading “QUALIFYING
REQUIREMENT”.
(B) Cover-2 (PRICE BID)
i) Online bids containing the Price Bids for the work in the Bill of Quantity [BoQ]
in Excel format. In the e-Procurement Portal, an intelligent Bill of Quantity in
Microsoft Excel format shall be made available to the bidder. For Item rate
tenders the bidder shall fill in rates in figures and should not leave any cell
blank. The line item total in words and the total amount shall be calculated by
the system and shall be visible to the bidder. He has to only write (type) the
figures, the words will be self generated (Enabling macros).
7.0 SUBMISSIONS, OPENING & EVALUATION:
7.1 The bid should be submitted online at website eprocure.gov.in/eprocure/app only,
by the due date mentioned in e-Tender Notice. The Server Date & Time as appearing
on the website eprocure.gov.in/eprocure/app shall only be considered for the cut-off
date and time for submission of bids. Offers sent through post, telegram, fax, telex, e-
mail, and courier or by any other mode will not be considered. In case of date of
opening is declared as holiday tender will be opened on next working day.
7.2 Each bidder shall submit only one bid for one package. A bid is said to be complete if
accompanied by all the documents as per Clause 6. The system shall consider only the
last bid submitted through the e-Procurement portal. Conditional bids shall be
rejected out-rightly.
7.3 In the E-Procurement Portal, it is allowed to modify the bid any number of times
before the final date and time of submission. The bidder shall have to log on to the
system and resubmit the documents as asked for by the system including the price
bid. In doing so, the bids already submitted by the bidder will be removed
automatically from the system and the latest bid only will be admitted. But the bidder
should avoid modification of bid at the last moment to avoid system failure or
malfunction of internet or traffic jam or power failure. If the bidder fails to submit his
modified bids within the designated time of receipt, the bid already in the system
shall be taken for evaluation.
7.4 For this tender withdrawl of bid is not allowed.
7.5 Only those bidders shall be considered qualified by PPT, who submit requisite EMD,
Tender Fee & documents, accept all the terms & conditions of the Tender document
unconditionally and meet the qualifying requirement stipulated in the Tender
document. The decision of the PPT shall be final and binding in this regard.
7.6 The bidder shall bear all cost associated with the preparation & submission of its bid
and the PPT will in no case be responsible or liable for these cost, regardless of the
conduct or outcome of the tendering process.
7.7 Normally the tender will be accepted of those bidders whose quoted rates are found
to be lowest but PPT is not bound for such acceptance and reserve the right to accept
or reject any offer without assigning any reason thereof. Bidder shall have no
objection to such rights of PPT.
7.8 Bid opening dates are specified during tender creation or can be extended vide
corrigendum.
Note: Any addendum/corrigendum thus issued shall be notified in the website
eprocure.gov.in/eprocure/app,notice board and through paper publication.

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7.9 The Bid openers; who have been pre-defined shall log on to the portal with their
respective DSC. Unless all the Officers who have been declared as Opening officers,
log on the portal with their DSC the Tender cannot be opened
7.10 After opening of the Technical Bid, the authenticity of the uploaded documents as per
requirement of the e-Tender Document will be verified by the Tender Inviting
Authority.
7.11 After evaluation of bid, all the bidders will get the information regarding their
eligibility on website.
7.12 Date of Price Bid opening would be intimated to the Prequalified bidders through e-
Procurement Portal after Technical Evaluation is completed.
7.13 The Price Bid of the technically qualified bidders will be opened & evaluated on the
notified date & time by the Bid Openers with their Digital Signature Certificate (DSC) in
the presence of bidders or their authorized representative who wish to be present.
The Financial bid of the bidders shall be opened one by one by the bid Openers. The
system shall auto generate the Comparative statement. The bidders can view bid
opening remotely on their personalized dash board under “Bid Opening (Live)” link.
7.14 After evaluation of bid, all the bidders will get the information regarding their
eligibility on website. Thereafter, a system generated e-mail confirmation will be sent
to all successful bidders. The bidders can check the same from the portal. The bidder
will get the information regarding the status of their financial bid and ranking of
bidders on website.
8.0 AWARD OF CONTRACT (AOC).
8.1 The bidder whose bid has been accepted will be notified for the award by the PPT
prior to expiration of the Bid validity period through the “Letter of Intent”, which will
state the sum that the PPT will pay to the Contractor in consideration of the execution,
completion by the Contractor as prescribed in the Contract.
8.2 The Wok Order will constitute the formation of the Contract until the Formal
Agreement is signed.
8.3 The Bidder shall promptly check their e-mailbox registered with CPP Portal for
receipt of any information/clarification/ correspondence in respect of their bid. PPT
shall not be responsible for non-receipt/failure of e-mail to the bidders.
8.4 If any of the information furnished by the bidder is found to be incorrect, the Bid/
contract is liable to be rejected/terminated and the EMD will be forfeited.
8.5 PPT reserves the right to cancel the tender without assigning any reason thereof.
8.6 Conditional offers are liable for rejection.
8.7 Bids from those bidders who have not submitted their offer as per e-Tender Notice will
not be considered.
9.0 FRAUD AND CORRUPTION:
9.1 The Engineer-in-Charge will reject a proposal for award if he determines that the
bidder recommended for award has been engaged in corrupt or fraudulent practices
in competing for the contract in question. He will report to the Officer Inviting Bid /
next higher authority.
9.2 Canvassing whether directly or indirectly, in connection with tenders is strictly
prohibited & the tenders submitted by the contractors who resort to canvassing will be
liable for rejection
9.3 The details of work to be carried out and its scope are given in the “Tender
Document” of these documents, which also indicate a brief description of the Project
where work is to be executed. The tenderers are advised to study the same carefully
before tendering and they shall be deemed to have full acquainted themselves with
the same.

12
9.4 The bidders; in their own interest, are advised to inspect and examine the site and its
surrounding and satisfy themselves, before submitting their tenders, in respect of the
site conditions including but not restricting to the following which may influence or
effect the work or cost thereof under the contract.
9.5 The Contractor shall be debarred for any period of time as decided by the Port
Trust Authority for the following reasons.
(i) If the contractor fails to deposit ISD/EASD within the stipulated period as stated
in the letter of intent.
(ii) If the contractor fails to commence the work on or before the scheduled date
stated in the work order.
(iii) Violates any important condition of contract.
(iv) If the contractor fails to execute the work or executed it unsatisfactorily.
(v) If found to have submitted forged/false certificate/documents during the
enlistment/tender for any work.
(vi) If abandons the work during execution at any stage.
(vii) Has already been debarred for other reasons.
(viii) Any other reason which in view of enlisting authority is adequate for delisting
the contractor.
10.0 TIME SCHEDULE :
The time allowed for carrying out the work is 09 (Nine) Months from the date of
commencement including Rainy Season. The tenderer shall also submit along with his
tender a preliminary CPM schedule based on “Schedule of Construction” showing
commencement and completion times of various sections of the proposed works
including supply and delivery of all important items of his contract.
11.0 RIGHT OF THE BOARD TO ACCEPT OR REJECT TENDER :
The board does not bind itself to accept the lowest tender and reserves to itself the
authority to reject any or all the tenders received without assigning any reason
whatsoever. The work also may be split up between two or more contractors or
accepted in part and not entirely, if considered expedient. Tenders in which any of the
particulars and prescribed information are missing or are incomplete in any respect
and/or the prescribed conditions are not fulfilled are liable to be rejected. Tenderers
may please note that any conditions be it financial or otherwise, not covered in the
tender documents will not be entertained and such tenders are liable for rejection.
Canvassing in connection with tenders is strictly prohibited and the tenders submitted
by the tenderer(s) who resort to canvassing will be liable to rejection.
12.0 TRANSFER OF TENDER DOCUMENTS:
Transfer of tender documents purchased by one intending tenderer to another is not
permissible. Tenders should be furnished by the contractors/firms in whose favour
tender papers are sold only. Tender(s) furnished in any other name(s) than mentioned
in the tender paper will be rejected outright.
13.0 INCOME TAX:
Income Tax Clearance Certificate or PAN Card of the firm must be uploaded along
with the tender document, failing which the bid shall be rejected.
Income Tax as per the Act shall be deducted from the Bill of the contractor.
14.0 GST:
GST would be applicable @ 18% for Works Contract and will be paid extra. The
contractor has to upload the GST Registration Certificate; failing which the Bid will not
be considered.
15.0 TAX RECOVERIES AT SOURCE:
Any type of taxes applicable to the subject contract, duties, service charges, rents,
etc. as may be deductible would be deducted at source from the running payments of
the contractor/firm by Paradip Port Trust at the time of effecting payments as
contained in the provisions of relevant Acts/Laws.

13
 As per law, if there is any provision for reimbursement/payment of any type of taxes
by the employer, the same shall be done accordingly.
16.0 RETIRED GOVERNMENT OR COMPANY OFFICERS:
No Engineer of Gazetted rank or other gazetted officer employed in Engineering or
Administrative duties in Engineering Department of the State/Central Government or
the Paradip Port Trust is allowed to work as a contractor for the period of two years
after his retirement from Government service or from the employment of the Paradip
Port Trust without the previous permission of the State/Central Government/Paradip
Port Trust, as the case may be. The contract, if awarded, is liable to be cancelled if
either the contractor or any of his employee is found at any time to be such a person,
who had not obtained the permission of the State/Central Government or the Paradip
Port Trust as aforesaid, before submission of tender or engagement in the contractor’s
service as the case may be.
17.0 SECURITY REQUIREMENTS:
Where the works are to be carried out within the prohibited area of the Port, the
contractor(s) is required to obtain necessary permits/passes for his men and materials
and vehicle for entering the Security Zone at his own cost on deposit of required fees
with Paradip Port Trust. He is also required to comply with the Port Security
Requirement as may be notified from time to time.
18.0 LEGAL JURISDICTION :
All disputes are subject to exclusive jurisdiction of courts at Kujanga, Odisha only.
19.0 THE TENDER:
The amount quoted by the tenderer in the schedule of quantities and rates shall allow
for all costs including labour materials, equipment, transport charges, dock and
harbour dues and other charges payable to the Board, Income Tax, Cess or any other
duties, taxes or charges whatsoever payable on the personnel, materials and
equipment which will be utilizing in the performance of the contract. The GST will be
paid by PPT.
20.0 SIGNING OF THE CONTRACT:
The successful tenderer shall be required to execute an agreement in the proforma
attached with the tender documents as ANNEXURE with Odisha State Stamp paper of
proper value within 15 days from the date of issue of the notice of acceptance of
tender. In the event of failure on the part of successful tender to sign the agreement
within the above stipulated period the Earnest Money deposited by him be forfeited
and the acceptance of the tender shall be considered as cancelled.
21.0 GENERAL TENDER TO FORM PART OF AGREEMENT:
This general Tender Notice, Instructions to tenderers shall be deemed to form part of
the Agreement.

Sd/-
SIGNATURE OF THE TENDERER Executive Engineer(C),
Planning Division
Paradip Port Trust.
Paradip- 754142
Dist- Jagatsinghpur
Odisha

14
 GENERAL CONDITIONS OF CONTRACT TABLE OF CONTENTS

Sl. No. TITLE

01 Definitions
02. Interpretation of contract documents.
03. Special Conditions.
04. Sufficiency of Tender
05. Extent of Contract.
06. Drawings and Designs.
07. Contract Agreement & performance Bond.
08. Assignment and Subletting.
09. Security Deposit- Initial Security Deposit, Retention Money and Extra
Additional Security Deposit.
10. Rights of the Board to forfeit Security deposit.
11. Action when whole Security Deposit is forfeited.
12. Contractor remains liable to pay compensation if action not taken
under Clause-11.
13. Forfeiture.
14. No compensation in case of Alteration or Restriction of work.
15. Right of the Board to determine and terminate contract.
16. Advance.
17. Patents, Rights and Royalties.
18. Possession of site.
19. Way leaves etc.
20. Secrecy of Information.
21. Opportunities for other contractors.
22. Interference with Traffic and Adjoining properties.
23. Heavy Traffic.
24. Borehole and Exploratory Excavation.
25. Setting out.
26. Supply of Plant Material and labour.
27. Work to be satisfaction of Chief Engineer.
28. Access to site & Place of Manufacture.
29. Contractor’s Staff.
30. Quality of materials, workman-ship and tests.
31. Examination of works before covering up.
32. Uncovering and making openings
33. Removal of Improper work and materials.
34. Urgent repairs.
35. Care of work and expected risks.
36. Watching and Lighting.
37. Working time.
38. Giving notice and payment of fees.
39. Rates and prices to be inclusive.

15
 Sl. No. TITLE
40. Site to be kept clear of obstructions.
41. Clearance of site on completion.
42. Labour, Rates of Wages and Conditions of labour.
43. Price Adjustment payment.
44. Accommodation and facilities for contractor’s staff.
45. Commencement of works.
46. Time for completion.
47. Programme to be furnished.
48. Rate of Progress.
49. Suspension of work.
50. Extension of time for completion.
51. Liquidated damages for delay.
52. Certificate of Completion of work.
53. Period of Maintenance.
54. Execution of work of repair after completion.
55. Contractor to search.
56. Approval only by Maintenance Certificate.
57. Maintenance Certificate.
58. Cessation of Board’s Liability.
59 Unfulfilled obligations.
60. Variations.
61. Valuation of Variation.
62. Day-work.
63. Claims.
64. Quantities.
65. Procedure for measurement.
66. Provisional and prime cost sums.
67. Running Account Payments.
68. Final Statement and mode of Payment.
69. Receipt of Payments.
70. Taxes
71. Insurance.
72. Indemnity by Contractor.
73. Indemnity by Board.
74. Insurance of work, etc.
75. Third party insurance.
76. General Provisions as to insurance.
77. Remedy on Contractor’s failure to insure.
78. No liability for war etc. risks.
79. Increase cost arising from special risks.
80. Outbreak of War.
81. Removal of plant on determination.
82. Payment if contract determined.
83. Payment in event of Frustration.
84. Plant, etc. Property of the Board.
85. Conditions of hire of certain plant.
86. Cost for purpose of Caluse-13.

16
 Sl. No. TITLE
87. Contractor’s certificate as to hiring provisions
88. Hire purchase payment by the Board.
89 Irremovability of Certain Plants, etc.
90. Revesting & removal of plant.
91. Liability & approval of the Board.
92. Incorporation of clause in sub-contracts.
93. Arbitration.
94. Service of Notice on contractor.
95. Service of Notices on Chief Engineer.
96. Office for the Chief Engineer.

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GENERAL CONDITIONS OF CONTRACT
DEFINITION OF TERMS:

1.0 In the contract documents as herein defined where the context so admits the following
words and expression will have the following meaning:

(a) “The Board” means the Board of Trustees of the Paradip Port Trust or their
successors and assigns.
(b) The “Chairman” means the Chairman of the Board of Trustees of Paradip Port
Trust.
(c) The “Chief Engineer” (CE) means the Chief Engineer of the Paradip Port Trust
in charge of the construction of concrete Road at Paradip Port or his successor
in office or the person authorized by the CE to act for and on his behalf.
(d) The “Financial Adviser & Chief Accounts Officer” means the Financial Adviser
and Chief Accounts Officer of the Paradip Port Trust or his successor in office.
(e) The “Contractor” means the person or persons, firm or company whose tender
has been accepted by the Board and includes the Contractor’s personal
representatives successors and permitted assigns.
(f) The “Work” means the works to be executed in accordance with the contract
or part thereof as the case may be and shall include all extra additional altered
or substituted works as required for purpose of the contract.
(g) “Contract Documents” means collectively the tender documents, designs,
drawings, specifications, agreed variations if any, contract and such other
documents constituting the tender and acceptance thereof.
(h) The “Contract” shall mean the Agreement between the Board and the
contractor for the execution of works however, including therein all
documents.
(i) The “Specifications” shall mean the various technical specifications attached
and referred to in the tender documents. It shall also include relevant
specifications of Indian Standards Institutions or other Standard Institution.
(j) The “Drawings” means the drawings referred to in the specifications and shall
include maps, plans & tracings or print thereof with any modification approved
in writing by the CE and other drawings as may from time to time be furnished
or approved in writing by the CE.
(k) The “Tender” means as the offer submitted by the contractor for acceptance by
the Board.
(l) “Constructional Plant” means all appliances or things of what so ever nature
required in or about the execution completion or maintenance of the works or
Temporary Works (as hereinafter defined) but does not include materials or
other things intended to form or forming part of the permanent work.
(m) “Temporary works” means all temporary works of every kind required in or
about the execution, completion or maintenance of the works.
(n) “Site” means the land and other places on under in or through which the works
are to be executed or carried out and any other lands or places provided by
the Board for the purpose of this contract together with such other places as
may be specifically designated in the contract as forming part of the site.
(o) The “Alternative Order” means an order given in writing by the CE to effect
additions to or deletions from the alternations in the works.
(p) “Approved” means approved in writing including subsequent written
confirmation of previous verbal approval and approval means approval in
writing including as aforesaid.

2.0 INTERPRETATION OF CONTRACT DOCUMENTS:

The heading of and marginal notes to the clauses of these General Conditions of the
contract of and to the specification or any other Contract Document shall not be

18
 deemed to be part thereof or be taken into consideration in the interpretation or
construction thereof or of the Contract.
2.1 Words imparting the singular only also include the plural and vices versa where the
context requires.
2.2 Works shown upon the drawings but no mentioned in the specifications or described
in the specifications without being shown on the drawings shall nevertheless be held
to be included in the same manner as if they had been specifically shown upon the
drawings and described in the Specification.
2.3 Any discrepancy, inconsistency, error or omissions in the contract shall be referred to
the CE whose decision on the matter shall be final and conclusive.
3.0 SPECIAL CONDITIONS:
3.1 Special Conditions shall be read in conjunction with the General Conditions of
Contract, specification, Drawings and any other documents forming part of this
contract wherever the context so requires.
3.2 Notwithstanding the Sub-division of the documents in to these separate section and
volume every part of each shall be deemed to be supplementary to and
complementary of every other part and shall be read with and into the Contract so far
as it may be practicable to do so.
3.3 Where any portion of the General Conditions of Contract is repugnant to or at
variance with any provisions of the Special conditions, the provisions of the Special
Conditions shall be deemed to over-ride the provisions of the General Conditions of
contract and shall to the extent of such repugnancy of variations, prevail.
3.4 Where it is mentioned in the Specification that the contractor shall perform certain
work or provide certain facilities, it is understood that the Contractor shall do so at his
own cost.
3.5 The materials, design and workmanship shall satisfy the relevant Indian standard, the
specification conditioned herein and codes referred to. Where the specifications
stipulate requirement in addition to those contained in the Standard codes and
specifications these additional requirements shall also be satisfied.
4.0 SUFFICIENCY OF TENDER :
4.1 The Contractor shall be deemed to have examined the Contract Documents, to have
generally obtained his own information in all matters whatsoever that might affect the
carrying out the works at the quoted rates and to have satisfied himself to the
sufficiency of his tender. Any error in description or quantity or any other aspect in
quoted rates or omission there from shall not vitiate the contract or release the
contractor from executing the work comprised in the contract according to Drawings
and specification at the scheduled rates. He is deemed as an experienced Contractor
to know the scope, nature and magnitude of the works and the requirements of
materials and labour and the type of work involved, etc. and as to what all work he has
to complete in accordance with the contract documents whatever be the defects,
omissions or errors that may be found in the Contract Documents. The Contractor shall
be deemed to have visited the site and it’s surroundings, to have, satisfied himself as
to the nature of all existing structures, if any and also as to the nature and the
conditions of the railways, roads bridges and culverts, means of transport and
communications, whether by land, water or air and as to possible interruptions thereto
and the access to and regress from the site, to have made inquiries, examined and
satisfied himself as to the sites for obtaining sand, stones, and other materials, the sites
for disposal of surplus materials, the available accommodation has to whatever
required, depots and such other buildings as may be necessary for executing and
completing the work, to have made local independent inquiries as to the subsoil,
water & variations thereof, storms, prevailing, winds, climatic conditions and all other
similar matters affecting these works. He is deemed to have acquainted himself as to
his liability for payment of Govt. Taxes and other charges as applicable.
4.2 Any neglect of failure on the part of the contractor in obtaining necessary and reliable
information upon the foregoing or any other matters affecting; the contractor shall not
relieve him from any risks of liabilities for the entire responsibility from completion of

19
 the works at the scheduled rates and time in strict accordance with the contract
Document.
4.3 No verbal agreement or inference from conversation with any officer or employee of
the Paradip Port Trust either before or after the execution of the contract Agreement
shall in any way effect or modify any of the terms of obligations herein, contained.
4.4 In drawing up a programme of construction before tendering and entering times for
completion in his tender the Contractor shall have regard to the procurement of any
supplementary information, plant delivery and other contractor’s commitments so that
the Board is not responsible for additional cost that may arise from the contract period
for completion being exceed.
4.5 If however during the execution of the works unfavourable physical conditions (other
than weather conditions) or artificial obstructions are encountered the contractor shall
forthwith give written notice thereof to the CE and if (if either case) such condition
could not in the opinion of the CE have been reasonably foreseen by an experienced
contractor other than the CE shall certify and the Board shall pay the additional
expenses to which the contractor shall have been put by reason of such conditions
including the proper and reasonable expenses.
(a) Of complying with any instruction which the CE may issue to the contractor in
connection therewith, and any proper reasonable measures approved by the
CE which the Contractor may take in the absence of specific instructions from
the CE, as a result of such conditions being encountered.

5.0 EXTENT OF CONTRACT

The contract comprise the construction, completion and maintenance of the works and
except in so far as the contract otherwise provides the provision of all labour,
materials, constructional plant, temporary works and everything whether of a
temporary or permanent nature required in and for such construction completion and
maintenance so far as the necessity for providing the same in specified in or
reasonably to be inferred from the contract.

6.0 DRAWINGS AND DESIGNS :

6.1 The drawings shall be prepared by PPT and one fair copy thereof shall be furnished to
the contractor. The contractor shall make at his own expenses any further copies
required by him. The Contractor shall give adequate notice in writing to the CE of any
further Drawings, specifications that may be required for the execution of the works or
otherwise under the Contract.
6.2 One copy of the Drawings furnished to the Contractor as aforesaid shall be kept by
him at the site and shall at all reasonable times be available for inspection and use by
the CE and by any other person authorized by the CE in writing.
6.3 The Contractor shall be deemed to have gone through the Drawing supplied to him
thoroughly and carefully in conjunction with all other connected drawings and bring
to the notice of the CE discrepancies, if any, there in, before actually carrying out the
work.
6.4 The CE shall have the right to supply to the Contractor from time to time during the
progress of the works such further Drawings and instructions as shall be necessary for
the proper and adequate execution and maintenance of the works and the contractor
shall be bound by the carry out the same.

7.0 CONTRACT AGREEMENT AND PERFORMANCE BOND:

7.1 The contractor shall if and when called upon so as to enter into and execute a formal
agreement (to be prepared at the cost of the contractor) embodying the terms of the
contract, but unless and until such a formal. Agreement is executed the Contract as
defined in Clause-I hereof shall be binding upon the parties.
7.2 If the Tender contains an undertaking by the Contractor to obtain when required the
guarantee of an Insurance Company or Bank approved by the Board to be jointly and
severally bound with the contractor to the Board in the sum specified in the Appendix
to the Form of Tender for the due performance of the Contract under the terms of a
bond the same Insurance Company or Bank and the terms of the said Bond shall be

20
 such as shall approved by the Board and the obtaining of such guarantee and the cost
of the Bond to be so entered in to shall be at the expenses in all respects of the
contractor unless the contract otherwise provides.

8.0 ASSIGNMENT AND SUB-LETTING.

8.1 The Contractor shall not assign the Contract or any part thereof or any benefit or
interest therein or there under (otherwise than by a change in favour of the
contractor’s Banker of any money due or to become due under this Contract) without
the prior written consent of the CE.
8.2 The Contractor shall not sublet the whole of the works, except where otherwise
provided in the Contract. The Contractor shall not sublet any part of the works without
the prior written consent of the CE (which shall not be unreasonably withheld) and
such consent if given shall not relieve the Contractors and he shall be responsible for
the act of defaults and neglects of any sub-contractor, his agents, servant or workmen
as fully as if they were the acts defaults or neglects of the contractor, his agent
servants or workmen. Provide always that the provisions of labour on a piece work
basis shall not be deemed to be a subletting under this clause.

9.0 SECURITY DEPOSIT, INITIAL SECURITY DEPOSIT, RETENTION MONEY &

EXTRA ADDITIONAL SECURITY DEPOSIT.
9.1 .1 A sum of 10% of the accepted value of the tender shall be deposited by the successful
tenderer (Contractor) as Security Deposit (SD). This may be deposited initially 1%
value of the contract as Initial Security Deposit (ISD) after issue of Letter of Intent (LOI)
and deducting the EMD & ISD from the stipulated Security Deposit, the balance
amount may be recovered in instalment through deduction at the rate of 10% of the
value of each running account bill subject to attaining the required amount by the last
Running Bill. EMD of the successful bidder may be refunded to the bidder after
receiving an equivalent amount of Bank Guarantee in favour of FA&CAO, PPT from any
scheduled Bank located at Paradip only after issue of Work Order.
9.1.2 Contractors can furnish the Initial or Total Security Deposit amount through a Bank
Guarantee or Demand Draft from any schedule Bank located at Paradip only in the
form prescribed in Appendix-II in favour of the F.A. & C.A.O., Paradip Port Trust.
9.1.3 One half of the Security Deposit for the job concerned shall become due and shall be
paid to the contractor when the CE shall certify in writing that the works have been
substantially completed and the other half shall be paid to the contractor within twenty
eight days after the expiration of the period of maintenance notwithstanding that at
such time where may be outstanding claims by the contractor against the Board.
Provided always that if at such time there shall remain to be executed by the
contractor any works ordered during such period pursuant to Clause-55 and 56
hereof the CE shall be entitled to withhold payment until the completion of such works
of so much of the second half of the Security Deposit as shall in the opinion of the CE
represent the cost of works so remaining to be executed. Provided further that in the
event of different parts of the works pursuant to Caluse-52 hereof, the expression
“expiration of the period of Maintenance” shall for the purpose of this clause be
deemed to mean the expiration of the latest of such periods.
9.1.4 If the Contractor/ Sub-Contractor or their employees shall break, deface or destroy
any property belonging to the Board or others during the execution of contract, the
same shall be made good by the contractor at his own expenses and in default thereof,
the C.E. may cause the same to be made good by other agencies and recover
expenses from the contractor (for which the certificate of the CE shall be final).

9.2 EXTRA ADDITIONAL SECURITY DEPOSIT (EASD) & ITS CALCULATION :

Over and above the E.M.D, tenderer quoting the rebate more than 15% on the cost of
work put to tender shall have to pay an ‘Extra Additional Security Deposit’ (E.A.S.D)
separately. EASD wherever applicable will be collected from the successful bidder
alongwith the Initial Security Deposit (ISD) after issuing the Letter of Intent (LOI). Back-
out from the offer by the participating bidder after opening of Technical Bid (in case of
two stage bid) or price bid (in case of single stage bid) OR non deposit of EASD by the

21
 successful bidder will liable for forfeiture of EMD and debarment of the bidder from
participating in any future tender of PPT. EASD may be accepted in form of Demand
Draft/Bankers Cheque/Bank Guarantee in favour of FA&CAO, Paradip Port Trust and
must be drawn on any scheduled Bank located at Paradip.
Extra Additional Security Deposit (E.A.S.D) = A x cost of work put to tender
100
Where A = Percentage rebate quoted on the cost of work put to tender by the
tenderer minus 15 (Fifteen).
Example: If the tenderer desires to quote percentage rebate 25% (Twenty five)
percent, then the Extra Additional Security Deposit (E.A.S.D) shall be
worked out as under.

E.A.S.D Amount = (25 – 15) x cost of work put to tender.

100
Note : 1. The Demand Draft/ Banker’s Cheque/ Bank Guarantee shall be initially valid upto
scheduled completion and subsequently be extended upto actual completion.
2. The E.A.S.D will be released on satisfactory completion of the work.

10.0 RIGHT OF THE BOARD TO FORFEIT SECURITY DEPOSIT:

Whenever any claim against the contractor for the payment at a sum of money arises
out of or under the contract, the Board shall be entitled to recover such sum by
appropriating in part or whole the Security Deposit of the contractor and to sale any
Government Securities etc. forming whole or part of such security. In the event of the
Security being insufficient or if no security has been taken from the contractor then the
balance or the total sum recoverable as the case may be shall be deducted from any
sum then due or which at any time thereafter may become due to the Contractor. The
contractor shall pay to the Board on demand any balance remaining due.

11.0 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FOREFITED:

11.1 In any case in which under any clause or clauses of this contract the Contractor shall
have forfeited the whole of his Security Deposit (whether paid in one sum or deducted
by instalments or have committed a breach of any of the terms contained in this
contract, the CE shall have power to adopt any of the following courses as he may
deem best suited to its interest.
(a) To rescind the contract (of which recession notice in writing to the Contractor
under the hand of the CE shall be conclusive evidence) in which case the
Security Deposit of the Contractor shall stand forfeited and be absolutely at the
disposal of the Board.
(b) To employ labour paid by the Paradip Port Trust and to supply materials to
carry out the work or any part of the work, debiting contractor with the cost of
labour and the price of the materials for which cost and price a certificate of the
CE shall be final and conclusive and crediting him with the value of the work
done, in all respects in the same manner and the same rates as if it had been
carried out by the Contractor under the terms of his contract. The certificates of
the CE as to the value of the work done shall be final and convulsive against the
contractor.
(c) To measure up the work of the Contractor and to take such Part thereof as shall
be unexecuted out of his hands and to give it to another contractor to complete
in which case any expenses which may be incurred in excess of the sum which
would have been paid to the original Contractor if the whole work had been
executed by him (of the amount of which excess, the certificate in writing of the
CE shall be final and conclusive) shall be borne and paid by the original
contractor and may be deducted from any money due to him by the Board
under the Contract or otherwise or from his Security Deposit or from the
proceeds of sale thereof, or of a sufficient part thereof.

11.2 In the event of any of the above courses being adopted by the CE, the contractor shall
have no claim to compensate for any loss sustained by him by reason of his having

22
 purchased or procured any materials or entered in to any agreements or made any
advances on account of or with a view to the execution of the work of the performance
of the contract. And in case the contract shall be rescinded under the provisions
aforesaid, the contractor shall not be entitled to recover or be paid any sum for any
work therefore actually performed under this contract unless and until the CE will
certify in writing the performance of such work, and the value payable in respect
thereof and he shall only be entitled to be paid the value so certified.

12.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT

TAKEN UNDER CLAUSE-11.
12.1 In case in which any of the powers conferred upon the CE by Clause-11 thereof shall
have become exercisable and the same had not been exercised the non-exercise
thereof shall not constitute a waiver of any of the conditions hereof and such powers
shall not-withstanding be exercisable in the event of any future case of default by the
contractor for which by any clause or clauses hereof he is declared liable to pay
compensation amounting to the whole of his security deposit, and the liability of the
contractor for past and future compensation shall remain unaffected. In the event of
the CE putting in force the powers vested in him under the Clause-11.1, he may, if he
so desires, take possession of all or any tools, plant, materials and stores in or upon
the works or the site thereof belonging to the contractor of the works or any part
thereof paying or allowing for the same in account at the contract rates or in case of
these not being applicable at current market rates to be certified by the CE whose
certificate thereof shall be final, otherwise the CE may give notice in writing to the
contractor or his foremen or other authorized agent requiring him to remove such
tools, plant, materials or stores from the premises (within a time to be specified in
such notice) and in the event of the Contractor failing to comply with any such
requisition the CE may remove them at the Contractor’s expense or sale them by
auction or private sale on account of the contractor and his risk in all respect without
any further notice as to the date time or place of sale and the certificate of the CE as to
the expenses of any such removal and the amount of the proceeds and expense of any
such sale shall be final and conclusive against the Contractor.

13.0 FORFEITURE:
13.1 If the contractor shall become bankrupt or have a receiving order made against him or
shall present his petition in bankruptcy or shall make an arrangement with or
assignment in favour of his creditors or shall agree to carry out the Contract under a
committee of inspection of his creditors or (being a corporation) shall go in to
liquidation (other than a voluntary liquidation for the purpose of amalgamation or
reconstruction) or if the contractor shall assign the contract without the consent in
writing of the CE first obtained or shall have an execution levied on his goods or if the
CE shall certify in writing to the Board that in his opinion the contractor.
(a) has abandoned the Contract, or
(b) without reasonable excuse has failed to commence the works or has suspended
the progress of works for 14 days after receiving from the CE written notice to
proceed, or
(c) has failed to remove materials from the site or to pull down and replaces work for
14 days after receiving from the CE written notice that the said materials of work
has been condemned and rejected by the CE under these conditions, or
(d) is not executing the works in accordance with the Contractor or is persistently
fragrantly neglecting to carry out this obligations under the Contract, or
(e) has to the detriment of good workmanship or in defiance of the CE’s instructions
to the contrary sublet any part of the contract or
(f) has failed to proceed with the works with due diligence, then the Board may after
giving 14 days notice in writing to the Contractor enter upon the site and the
works and expel the contractor there from without thereby avoiding the contract
or releasing the contractor from any of his obligations or liabilities under the
contractor or affecting the rights and powers conferred on the Board or the CE by
the Contract and may himself complete the work or may employ any other

23
 Contractor to complete the work or may employ any other Contractor to complete
the works and the Board or such other contractor may use for such completion so
much of the constructional plant temporary works and materials on the site which
have been deemed to become the property of the Board under the provisions of
the contract as he or they may think proper and the Board may at any time sale
any of the said Constructional Plant Temporary works and unused materials and
apply the proceeds of sale in or towards the satisfaction of any sum due or which
may become due to him from the contractor, under the Contract.
13.2 The CE shall as soon as may be practicable after any such entry and expulsion by the
Board fix and determine experts or by or after reference to the parties or after such
investigation or inquiries as he may think fit to make or institute and shall certify what
amount (if any) had at the time of such entry and expulsion been reasonably earned
by or would reasonably accrue to the Contractor in respect of work than actually done
by him under the Contract and what was the value of any unused or partially used
materials, nay constructional Plant and any Temporary works which have been
deemed to become the property of the Board under the provisions of the Contract
upon the site.
13.3 If the Board shall enter and expel the Contractor under this Clause he shall not be
liable to pay to the Contractor any money on account of the Contract until the
expiration of the period of Maintenance and thereafter until the costs of completion
and maintenance damages for delay in completion (if any) and all other expenses
incurred by the Board have been ascertained and the amount thereof certified by the
CE. The Contractor shall then to entitled to receive only such sum or sums (if any) as
the CE may certify would have been due to him upon due completion by him after
deducting the said amount. But if such amount shall exceed the sum which would have
been payable to the contractor on due completion by him then the contractor shall
upon demand pay to the Board the amount or such excess and it shall be deemed a
debt due by the contractor to the Board and shall be recoverable accordingly.

14.0 NO COMPENSATION IN CASE OF ALTERATION OR RESTRICTION OF WORKS.

14.1 If at any time from the commencement of the work the CE shall for any reason
whatsoever not require the whole work or part thereof a specified in the tender to be
carried out, the CE shall give notice in writing of the fact to the Contractor, who shall
have no claim to any payment or compensation whatsoever on account of any profit or
advantage which he might have derived from the execution of the works in full, but
which he did not derive in consequence of the full amount of the works not having
been carried out neither shall he have any claim for compensation by reason of any
alterations having been made in the original specification, Drawings, designs and
instructions which shall involve any curtailment of the works as originally
contemplated. Provided always that in all such cases the Contractor shall be entitled
to payments according to adjustments in Contract Price as allowed under the
Provisions of the Clause-61.

15.0 RIGHT OF THE BOARD TO DETERMINE & TERMINATE CONTRACT:

15.1 The Board shall, at any time be entitled to determine and terminate the Contract, if in
the opinion of the Board the cessation of the work becomes necessary owing the
paucity of funds or from any other cause whatsoever, in which case the cost of
approved materials at the site at current market rates as verified and approved by CE
and of the value of work done to date by the Contractor shall be paid for in full at the
rates specified in the contract. A notice in writing from the Board to the Contractor of
such determination and termination and the reason, therefore, shall be the conclusive
proof of the fact that the Contract has been so determined and terminated by the
Board.
15.2 Should the contract be determined under Clause-15.1 and the contractor claims
payment to compensate expenditure incurred by him in the expectation of completion
whole of the work, the Board shall consider and admit such claims as are deemed fair
and reasonable and are supported by vouchers to the satisfaction of CE. The Board’s

24
 decision on the necessity and propriety of any such expenditure shall be final and
conclusive and be binding on the contractor.

16.0 ADVANCES:
16.1 MOBILISATION ADVANCE:
The Board shall pay to the Contractor a lump sum advance up to 10% of the Contract
Price at an interest of 15% per annum against submission of a Bank Guarantee from a
scheduled Bank located at Paradip amounting to 110% of the mobilization amount as a
loan towards initial Mobilization. 50% of the advance will be given immediately after
the execution of Contract Agreement provided that the contractor shall obtain and
furnish at his own expenses towards Security. Balance portion of Mobilization advance
shall be paid only after Mobilization of equipment required for the work.
16.1.1 The entire sum of the loan together with the interest accrued thereon shall be
recovered from the contractors monthly bills on pro-rata basis commencing from the
next bill after the advance is paid and completed before 90% of the contract sum is
paid. The interest shall be recovered from the first bill onwards after payment of such
advance. The interest charges shall be levied on the outstanding amount till the date
of preparation of the monthly bill.

17.0 PATENTS RIGHTS AND ROYALITIES :

17.1 The Contractor shall save harmless and indemnify the Board from the against all
claims and proceedings for or on account of infringement of any patent rights design
trade mark or name of other protected rights in respect of any constructional Plant
machine work or materials used for or in connection with the works or any of them and
from and against all claims, demand proceedings damage costs charges and
expenses whatsoever in respect thereof or in relation thereto, except where otherwise
specified the contractor shall pay all tollage and other royalties, rent and other
payments or compensation, if any for getting stone, gravel, sand clay or other
materials, required for the works or temporary works or any of them.
18.0 POSSESSION OF SITE :
18.1 Save in so far as the contract may prescribe the extent or portions of the site of which
the contractor is to be given possession from time to time and the order in which such
portions shall be made available to him and subject to any requirement in the contract
as to the order in which the works shall be executed the Board will give to the
contractor timely possession of such parts of the site as maybe required to enable the
contractor to commence and proceed with the construction of the works in accordance
with the programme referred in Clause-47 hereof (in any) and otherwise in
accordance with such reasonable proposals as the contractor shall make it writing to
the CE. If the contractor suffers delay from failure on the part of the Board to give
possession in accordance with the terms of this Clause the CE shall grant an extension
of time for the completion of the works.

19.0 WAY LEAVES ETC :

The contractor shall bear all expenses and charges for special or temporary way leave
required by him in connection with access to the Site. The contractor shall also
provide at his own cost any additional accommodation outside the site required by
him for the purpose of the work.

20.0 SECRECY OF INFORMATION :

20.1 The contractor shall not disclose any details of the Drawings furnished to him and
works on which he is engaged without the prior approval of CE.
20.2 The Contractor shall not permit or allow any information regarding the work herein
embraced to be published in any scientific engineering or other news paper
periodical or publications, without first obtaining the written consent of the CE thereto.

21.0 OPPORTUNITIES FOR OTHER CONTRACTORS:

The Contractor shall in accordance with the requirements of the CE offered all
reasonable opportunities for carrying out their work to any other Contractors

25
 employed by the Board and their workmen and to workmen of the Board and if any
other duly constituted authorities who may be employed in the execution on or near
the site of any work not included in the contract.

22.0 INTERFERENCE WITH TRAFFIC & ADJOINING PROPERTIES :

All Operations necessary for the executing of the works and for the construction of any
temporary works shall so far as complying with the requirements of the contract
permits be carried on so as not to interfere unnecessarily or improperly, with the
public convenience of the access to use and occupation of public or private road and
footpaths or of properties whether in the possessions of the Board or of any other
person and the Contractor shall save harmless and indemnify the Board in respect of
all claims, demands, proceedings, damages, costs, charges and expenses whatsoever
arising out of or in relation to any such matters. The works shall be executed so that
there is no interference with or hazard to shipping using the channels of Paradip Port
Trust adjacent to the site.

23.0 HEAVY TRAFFIC:

The contractor shall use every reasonable means to prevent any of the highway or
bridges communicating with or on the routes to the site from being damaged or
injured by any traffic of the contractor or any of his sub-contractors and in particular
shall select routes choose and use vehicles and restrict and distribute loads so that the
movement of plant and materials so and from the site shall not damage or injure such
highways and bridges. In this regard he shall comply with regulations of location
authorities, Port Trust etc.

24.0 BOREHOLE AND EXPLORATORY EXCAVATION:

If at any time during the execution of the works the CE shall require the contractor to
make boreholes or to carry out exploratory excavation such requirement shall be
ordered in writing and shall be deemed to be an addition ordered under the
provisions of Clause-60 hereof unless a provisional sum in respect of such anticipated
work shall have been included in the bill of quantities.

25.0 SETTING OUT:

The Contractor shall be responsible for the true and proper setting out of the works
and for the correctness of the position, levels, dimensions and alignment of all parts of
the works and for the provision of all necessary instruments appliances and labour in
connection therewith. If at any time during the progress of the works any error shall
appear or arise in the position, levels, dimensions or alignment of any part of the
works, the contractor on being required so to do by the CE shall at his own expenses
rectify such error to the satisfaction of the CE unless such error is based on incorrect
data supplied in writing by the CE in which case the expenses of rectifying the same
shall be borne by the Board. The checking or any setting out or of any line or level by
the CE shall not in any way relieve the contractor of his responsibility for the
correctness thereof and the contractor shall carefully protect and preserve all bench-
marks, site nails, pegs and other things unused in setting out the works.

26.0 SUPPLY OF PLANT, MATERIALS AND LABOUR:

26.1 Except where otherwise specified the contractor shall at his own expense supply and
provide all the Constructional plant, temporary works, materials both for temporary
and for permanent works, labour (including the supervision thereof) transport to or
from the site and in and about the works and other things of every kind required for
the construction, completion and maintenance of the works.

27.0 WORK TO BE TO THE SATISFACTION OF CHIEF ENGINEER:

27.1 Save in so far as it is considered legally or physically impossible by the CE the
contractor shall execute, complete and maintain the works in strict accordance with
the contract to the satisfaction of the CE and shall comply with and adhere strictly to
the CE’s instructions and directions on any matter (whether mentioned in the Contract

26
 or not) concerning the works. The contractor shall take instructions and directions
only from the CE.
27.2 The Contractor shall execute the whole and every part of the work in the most
substantial and workmen like manner and both as regards materials and otherwise in
every respect in strict accordance with the specifications. The contractor shall also
confirm exactly, fully and faithfully to the design, drawings and instructions in writing
relative to the work signed by the CE and lodged in his office, and to which the
Contractor shall be entitled to have access at such office or on the site of work for the
purpose of inspection during office hours, and the Contractor shall, if he so requires,
be entitled at his own expense to make or cause to be made copies of the
specifications and of all such design drawings and instructions as aforesaid.
27.3 In the case of any class of work for which there is no specification such work shall be
carried out in accordance with the Port Trust’s specifications and in the event of there
being no Port Trust’s specifications then in such case the work shall be carried out in
all respects in accordance with the instructions and requirements of the CE.

28.0 ACCESS TO SITE AND PLACE OF MANUFACTURE:

28.1 The CE and any person authorized by him shall at all time have access to the works
and to the site and to all workshops and places where work is being prepared hence
materials manufactured articles or machinery are being obtained for the works and
Contractor shall afford every facility for and every assistance in obtaining the right to
such access.
28.2 The CE shall during the progress of the works be entitled to inspect from time to time
at the place of manufacture or preparation for getting any materials intended for
incorporation in the permanent works and the contractor shall make arrangements
with his suppliers accordingly. The CE shall also be entitled upon such inspection to
reject any such materials as are in his opinion not in accordance with the Contract.
Notwithstanding that materials may have been so inspected before delivery on the site
the CE shall be entitled to reject any material after delivery found not to be suitable or
not in accordance with the Contract.

29.0 CONTRACTOR’S STAFF:

29.1 The Contractor shall provide all necessary superintendence during the execution of
the works and as long thereafter as the CE may consider necessary for the proper
fulfilling of the contractor’s obligations under the Contract. The Contractor’s
representative approved by the CE is to be constantly present on the works and shall
give his whole time to the superintendence of the same and shall make himself
available whenever called for by the CE. If such approval shall be withdrawn by the
CE the Contractor shall as soon as practicable after receiving written notice of such
withdrawal; remove the agent from the site and shall not thereafter employ him again
on the site in any capacity and shall replace him by another agent approved by the
CE. Such authorized agent or representative shall receive on behalf of the Contractor
directions and instructions from the CE.
29.2 The names of training and experience of the Contractor’s agent or representative and
other supervisory site staff shall be submitted to the CE for approval before they are
appointed.
29.3 The Contractor shall provide and employ on the site in connection with the execution
and maintenance of work ;
a) Only such technical assistants as are skilled and experienced in their
respective calling and such sub-agent foremen and leading hands as are
competent to give proper supervision to the work they are required to
supervise, and
b) Such skilled, semi-skilled labour as is necessary for the proper and timely
execution and maintenance of the works.
29.4 The CE shall be at liberty to object to and require the contractor to remove forthwith
from the works any person employed by the contractor in or about the execution or
maintenance of the works who in the opinion of the Chief Engineer misconducts
himself or is incompetent or negligent in the proper performance of his duties or

27
 whose employment is otherwise considered by the CE to be undesirable and such
person shall not be again employed upon the works without written permission of the
CE. Any person so removed from the works shall be replaced without delay by a
competent substitute approved by the CE.

30.0 QUALITY OF MATERIALS, WORKMANSHIP AND TESTS :

30.1 All materials and workmanship shall be of the respective kinds described in the
Contract and in accordance with the CE’s instructions and shall be subjected from
time to time to such tests as the CE / his representative may direct at the place of
manufacture or fabrication or on the site or at any laboratory. The Contractor shall
provide such assistance, instruments, machinery, labour and materials as are normally
required for examining measuring and testing any work and the quality weight or
quantity of any materials used and shall supply samples of materials before
incorporation in the works for testing as may be selected and required by the CE / his
representative.
30.2 The cost of materials to be tested, its packing, transportation, laboratory charges etc.
shall be borne by the contractor. The testing of the materials / machineries may be
done by any independent organization / test house / quality control laboratory as
decided by the Chief Engineer, PPT.
31.0 EXAMINATION OF WORKS BEFORE COVERING UP:
No work shall be covered up or put out of view without the approval of the CE and the
Contractor shall afford full opportunity for the CE to examine and measure any work
which is about to be covered up or put out of view and to examine foundations before
permanent work is placed thereon. The contractor shall give due notice to the CE
whenever any such work or foundation is or are ready or about to be ready for
examination and he CE shall without unreasonable delay unless he considers in un-
necessary and advises the Contractor accordingly attend for the purpose of examining
and measuring such work or of examining such foundations.

32.0 UNCOVERING AND MAKING OPENINGS:

The contractor shall uncover any part or parts of the work or make openings in or
through the same as the CE may from time to time direct and shall reinstate and make
good such part or parts to the satisfaction of the CE, if any such part or parts have been
covered up or put out of view after compliance with the requirements of Clause-31
and as found to be executed in accordance with the contract the expenses of
uncovering making openings in or through reinstating and making good the same
shall be borne by the Board but in any other case all such expenses shall be borne by
the contractor and shall be recoverable from his by the Board or may be deducted by
the Board or may be from any money due or which may become due to the
Contractor.

33.0 REMOVAL OF IMPROPER WORK AND MATERIALS:

33.1 The CE shall during the progress of the works have power to order in writing from
time to time.
(a) The removal from the site within such time or times as may be specified in the
order of any materials which in the opinion of the CE are not in accordance
with the contract.
(b) The substitution of proper and suitable materials and
(c) The removal and proper re-examination (not withstanding any previous test of
certificate there of or interim payment therefore) of any work which in respect
of materials or workmanship is not in the opinion of the CE in accordance with
the contact.
33.2 In case of default on the part of the contractor in carrying out such order the CE shall
be entitled to employ any pay other persons to carry out the same and all expenses
consequent thereon or incidental thereto shall be borne by the Contractor and shall
be recoverable from him by the Board or may be deducted by the Board from any
monies due or which may become due to the Contractor.

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34.0 URGENT REPAIRS:
If by reason or any accident or failure or other event acquiring to in connection with
the works or any part thereof either during the execution of the works or during the
period of Maintenance any remedial or other work or repair shall in the opinion of the
CE be urgently necessary for security and the contractor is unable or unwilling at
once to do such work or repair the CE may by his own or other workmen do such or
repair as the CE may consider necessary. If the work or repair so done by the Paradip
Port Trust which in the opinion of the CE the contractor was liable to do at his own
expenses under the Paradip Port Trust in so doing shall on demand be paid by the
contractor to the Board or may be deducted by the CE from any money due or which
may become due to the contractor. Provided always that CE shall as soon after the
occurrence of any such emergency as may be reasonably practicable notify the
contractor thereof in writing.

35.0 CARE OF WORKS AND EXPECTED RISKS:

35.1 From the commencement to the handing over of the works the Contractor shall take
full responsibility for the care thereof and of all Temporary works and in case any
damage loss or injury shall happen to the works or to any part thereof or to any
Temporary Works from any cause whatsoever (save and except the expected risks as
defined in Clause-35.2) shall at his own cost repair and make good the same so that at
completion and handing over the works shall be in good order and condition and
conformity in every respect with the requirements of the Contract and the CE’s
instructions. In the event of any such damage, loss or injury happenings from any of
the expected risks at contractor shall if and to the extent required by the CE and
subject always to the provisions of Clause-78 hereof repair and make good the same
as aforesaid at the cost of the Board. The Contractor shall also be liable for any
damage to the works occasioned by him in the course of any operations carried out by
him for the purpose of complying with his obligations under Clause-54 thereof.
35.2 The “expected risks” are ware hostilities (whether war be declared or not) invasion,
act of foreign enemies, rebellion, revolution, insurrection or military or usurped
power, civil war or riot, commotion (otherwise than among the contractor own
employees) or disorder (in so far as they are uninsurable) or use or occupation by the
Board of any portion of the works in respect of which a Certificate of completion has
been issued or a cause solely due to the Engineer’s design of the Works (All of which
are herein collectively referred to as “the expected risks”). Expected risks shall cover
acts of God which shall include only unprecedented floods, earthquakes and
Typhoons.

36.0 WATCHING AND LIGHTING:

The contractor at his own cost shall make such provisions for the lighting the works,
materials and plant whether on shore or afloat, and shall provide all such works and
light as may be required by Engineer or the Board or any other authority having
jurisdiction in connection with the site together with all labour, stores and services
inquired for their efficient working and use at any time of day and night. He shall also
provide at his own cost every description of watching and maintenance required in
connection with the foregoing and all other service and for protecting, and securing
all places dangerous whether to the contractor’s workmen or to other persons until the
work shall have been handed over to the Board unless the Engineer shall decide that
such service are no longer required.

All lights provided by the Contractor shall be placed or screened so as not to interfere
with any signal lights on the Board’s Railways or with any navigational lights or with
any traffic or signal lights of any local or other authority.

37.0 WORKING TIME:

37.1 In general; the work shall be carried out from morning 8:00 AM to evening 6:00 PM
excluding Sundays & Port holidays. On Sundays & Port Holidays no Concreting works

29
 shall be taken up. However, during Summer, Govt. Guide Lines regarding working
hours shall be followed.
37.2 The Contractor shall always keep the CE informed of his programme of work and
advance intimation shall invariably be given to the CE’s site office so that a site
representative shall be present during all important operations.
37.3 Female workers shall not be permitted to work after 6:00 P.M. unless specific
permission is obtained from the CE.

38.0 GIVING NOTICE AND PAYMENT OF FEES:

The Contractor shall at his own expense give all notice and pay all fees required to be
given or paid by any Central or State Government Act or ordinance or any Regulation
or Bye-laws of any local or other statutory authority in relation to the execution of the
works or of any Temporary works and by the rules and regulations of all public bodies
and companies whose property or rights are affected or may be affected in any way
by the works or any Temporary works. Provided always that the Contractor shall not
be responsible for obtaining any planning permission which may be necessary in
relation to the works or for making application to the appropriate authority in respect
of development charges or for payment of any sum which the appropriate authority
may determine to be payable by way of development charges.

39.0 RATES AND PRICES TO BE INCLUSIVE:

Technical Specification Clause No.8 shall prevail.

40.0 SITE TO BE KEPT CLEAR OF OBSTRUCTIONS:

The Contractor shall at all times keep the site free from obstruction except that which
is the unavoidable result of the construction of the works and shall at any time if
directed by the CE clear away and remove from the Site any redundant constructional
Plant, surplus materials, rubbish, wreckage and Temporary works no longer required.

41.0 CLEARANCE OF SITE ON COMPLETION:

On completion of the works the contractor shall clear away and remove from the site
all Constructional Plant, surplus materials, rubbish and Temporary works of every
kind and leave the whole of the site and works clean and in a workman like condition
to the satisfaction of the CE. If not done the cost of clearance etc. will be recovered
from the money due to the contractor.

42.0 LABOUR:
42.1 (a) ENGAGEMENT OF LABOUR
The contractor shall make his own arrangement for the engagement of all labour local
or otherwise, and save in so far as the contract otherwise provides for the transport,
housing, feeding and payment thereof.
(b) SUPPLY OF WATER:
The contractor shall so far as is reasonable practicable having regard to local
conditions provide on the site to the satisfaction of the Engineer’s representative
adequate supply of drinking and other water for the use of the Contractor’s staff and
works people.
(c) ALCOHOLIC LIQUOR OR DRUGS:
The contractor shall not otherwise than in accordance with the statutes Ordinance the
Government regulations or orders for the time being in force import, sell, give, barter
or otherwise, dispose of any alcoholic liquor or drugs or permit or suffer any such
important in sale, gift, barter or disposal by his sub-contractors agents or employees.
(d) ARMS AND AMMUNITION:
The Contractor shall not give barter or otherwise dispose of to any person or persons
any arms or ammunition of any kind or permit or suffer the same as aforesaid.
(e) FESTIVALS & RELIGIOUS CUSTOMS:
The contractor shall allow his labour the Govt. notified national and local festival
holidays and also such closed holidays for the Port declared by the Board and also

30
 have due regard to local religious and social customs in respect of labour employed
by him.
(f) EPIDEMICS:
In the event of any outbreak of illness or an epidemic nature, the contractor shall
comply with and carry out such regulations orders and requirements as may be made
by the Government or the local Medical or Sanitary Authorities for the purpose of
dealing with and over-coming the same.
(g) DISORDERLY CONDUCT ETC :
The Contractor shall at all times take all reasonable precautions to prevent any
unlawful riotous or disorderly conduct by or amongst his employees and for the
prevention of peace and protection of persons and property in the neighborhood of
the works against the same.
(h) OBSERVANCE BY SUB-CONTRACTORS:
The Contractor shall be responsible for observance by his sub-contractors of the
foregoing provisions.
(i) COMPLIANCE WITH REGULATIONS ETC.
The Contractor shall at all times during the continuance of the Contract, so far it may
be necessary comply with all existing enactments including Central and State
legislation as well as any applicable bye-laws of any local authority regarding labour,
particularly the minimum wages Act, Factories Act, Workmen’s Compensation Act,
Employees provident Fund and Family Pension Fund Act, Employees State Insurance
Act, Contract Labour (Regulation & Abolition) Act, Payment Wages Act, Maternity
Benefit Act, National Festival Holidays Act, Shop & Establishment Act and shall keep
the Board indemnified against any action that it may be taken against him for the
contravention of the provisions of the above said enactments by the Contractors. The
rates quoted by the contractor in Schedule of Quantities and Rates (SQ & R) shall be
deemed to include all expenses whatsoever the contractor may be required to incur
for the compliance with the provisions of the above said legislation. The Contractor
shall make necessary arrangement for the Board to witness the payments made by the
contractor to his staff and labour.

The contractor shall have to cover all its workmen under EPF & ESI irrespective the
No. of workmen engaged in the work. The Contractor shall furnish documentary
evidence in support of the EPF & ESI coverage to its workers before the Executive
Engineer in charge of the contract. This will be also be applicable to the sub-
contractor(s) appointed by the Contractor for the subject work.

The Contractor/Agency must have valid EPF Code & ESI registration. The
documentary evidence for registration of ESI/EPF must be uploaded.
(j) FOREIGN PERSONNEL:
Should the contractor find that suitable qualified and experienced personnel required
for the works are not available in India in sufficient numbers and should the Contractor
wish to employ personnel of Nationalities other than India, the contractor must obtain
the necessary permits from the Central Government to permit foreign personnel to
enter India and to work in India for this work. The Contractor shall keep the Board
fully informed of application made by him for the work permits for foreign staff and/or
approvals by the Indian authorities.

42.2 (a) FAIR WAGES:

The Contractor shall pay the labour engaged by him on the work not less than fair
wages which expression shall mean whether for the time or piece work the labour
rates or wages as fixed by the Central Public Works Department as fair wage of the
State payable to the different categories of labours or those as notified under the
Minimum wage act for the district for corresponding employees of the Board
whichever maybe higher, that the Contractor shall pay the labour engaged by him on
the work not less than the minimum wages notified under any Central or State law as
applicable to the Port and he shall not engage persons below the minimum age fixed
under any such law applicable.

31
 (b) WAGE RECORD:
The Contractor shall maintain records of wages and other remuneration paid to his
employees in such forms as may be convenient and to the requirements of the
Engineer and conciliation officer, Central Ministry of Labour Government of India or
such other authorized persons appointed by the State Government. The Contractor
shall also exhibit the different notices as required under the Minimum Wages Act,
1949. Payment of Wages Act, 1936 and other Act, Rules and Regulations made there
under from time to time.
(c) INSPECTION OF WAGES RECORDS:
The Engineer or the Engineer’s representative or any other person authorized by
them on their behalf shall have power to make inquiries with a view to ascertain a
proper observance of the fair Wages Clause. He shall also have the power to
investigate into any compliance regarding any default made by the Contractor or sub-
contractor in regard to such provisions and also the provision made in the Contract
Labour Act.

The Engineer shall have the right to deduct from the Moneys due to the contractor any
sum required to estimated to be required by making good the loss suffered by a
worker or workers by reason of non-fulfillment of the Conditions of the Contract, for
the benefit of the worker, non-payment of wages or of deductions made from his or
their wages which are not justified by their terms of the contract or non-observance of
the regulations.

(d) ACCIDENTS:
The Contractor shall within 24hours of the occurrence of any accident at or about the
site or in connection with the execution of the work report such accidents to the
Engineer, Engineer’s representative. The Contractor shall also report such accidents
to the competent authorities to whom such report is required by law.

Any other conditions affecting labour & wages as has been set out in the contract shall
also be complied with by the contract with due diligence.

42.3 WAGES BOOK & WAGE SLIPS.

That the Contractor shall maintain:
(1) A wage book of each in such form as may be convenient but the same shall include the
following particular.
(i) Rate or daily or monthly wages.
(ii) Nature of work on which employed.
(iii) Total number of days works during each wage period.
(iv) Total amount payable for the work during each wage period.
(v) All deductions made from the wages with an indication in each case of the
grounds for which the deduction is made.
(vi) Wage actually paid for each wage period.
(2) A wage slip for each worker employed in the work provided that the Engineer may
grant exemption for the maintenance of the wage slip, if in his opinion not more than
19 persons are likely to be employed directly on the work, but in any case he will
have to maintain wage books as specified in 42.3 (1) above.
(3) PRESERVATION BOOKS & SLIPS: The wage books and wage slips shall be
preserved by the contractor for a period of not less than 12 (twelve) months after the
date of the lastly entry made in it.
(4) RETURN OF LABOUR ETC: The contractor shall if required by the Engineer deliver
to the Engineer’s Representatives or at his office a return in detail in such form and at
such intervals as the Engineer may prescribe showing the supervisory staff and the
numbers of the several classes of labour from time to time employed by the contractor
on the site and such information respecting constructional plant as the Engineer’s
representative may require.
42.4 That, no clearance certificate will be issued to the Contractor by the Labour Officer of
the Port Trust, unless satisfactory proof is produced before him to the effect that the

32
 contractor has notified in a publication in the newspaper having wide local circulation
about the completion of work in respect of this contract inviting claims of the workmen
in respect of unpaid wages/dues if any, of such workmen and that the time limit of
such claims has expired or that claims made have been fully and finally settled by the
contractor. The Contractor has to furnish a copy of the news paper wherein such
publication was made and the particulars of claims if any made and settled by him.
42.5 That, without prejudice and in addition to the above precondition, an undertaking
shall have to be given that, in case, at any subsequent time a claim is made by worker
before any competent court or authority in respect of his unpaid dues in connection
with the execution of work irrespective of whether the Port Trust has been made a
party to such claim before that above authority or court or not in the event of the
workmen succeeding to get an order from such court or authority decreeing his claim
in full or in part, the Port Trust will have the right to receive from the contractor the
expenses towards litigation if the Port Trust has been made a party thereto and also
indemnify itself from the contractor for the amount of dues thus decreed by such court
or authority and paid by the Port Trust to the concerned workman/workmen. The Port
Trust authorities shall always have the right to recovery the above expenses any
payments from contractor’s dues, if any, lying in the hands of the Port Trust whether in
respect of this contract or any other contract and failing to do so to realise such
amount from the contractor through appropriate court of law as a debt due on him.

43.0 PRICE ADJUSTMENT PAYEMENT

In case of Contract in which the estimate cost of work put to tender as per Tender
Notice is Rs.25,00,000.00 or more and having stipulated completion period 06 (six)
months or more (both criteria to be satisfied). The Contractor will be allowed overall
price variation in accordance with the following formula

V = (R – C) X 1- 1o
1o
Where V = Amount of overall variation payable for a value of R of work done.
R = Value of work done during the period under reference.
C = Value of materials supplied by the Employer at the stipulated rates
and consumed in the work plus the secured advance paid against the
material brought at site under Clause No. 16.2 of General conditions
of contract.
I = All India Average Consumer price index (Base 1982 = 100) for
industrial workers declared by the Labour Bureau, Government of
India for the period covered by a bill does not coincide with a
calendar month, then weighted time average for the period will be
taken for I.
Io = All India average consumer price index (Base 1982 = 100) for
industrial workers declared by the Labour Bureau. Government of
India, as prevailing for the month of the tender opening.

The price variation shall be subject to the following conditions:

(a) The price variation shall be claimed by the contractor through a supplementary
bill along with interim measured bill in every cycle & after the index for any
month is officially published by the concerned authorities.
(b) No variation will be allowed for work done beyond the stipulated completion date.

44.0 ACCOMMODATION AND FACILITIES FOR CONTRACTOR’S STAFF:

44.1 The contractor shall make his own arrangements for the engagement of all labour,
local and otherwise and save in so far as the contract otherwise provides for the
transport housing feeding and payment thereof. The Board accepts no responsibility
regarding allocation of site for the residential accommodation of the contractor’s staff.

33
44.2 The contractor shall provide to the approval of CE and in such numbers as he may
require sanitary arrangements at approved locations on the site for the supervisory
staff and labour of the contractor and his subcontractor. The contractor shall at all time
during the continuance of the contract adopt such precautions as may be necessary to
prevent soil or water pollution on the site and shall compel his and his sub-
contractor’s employees and labour to such the facilities provided which shall be
carefully maintained throughout the currency of the contract to the satisfaction of CE.
44.3 In fulfilling his obligations under Clause-44.1 and 44.2 the Contractor shall comply
with the sanitary requirement of the local Medical Health Authorities and bear cost of
any charges levied by such authorities for the executing of work on the contractor’s
behalf.
44.4 The Contractor shall carry out all anti-malarial instructions given to him by the CE
including (but not by way of limitation) the filling up of borrow pits and the treatment
of standing water.
44.5 The Contractor shall make drinking water available for his supervisory staff and
labour to the satisfaction of the CE.
44.6 The Contractor shall be responsible for the observance of the provision of this clause
by sub-contractor’s employed by him in the execution of the works.

45.0 COMENCEMENT OF WORK:

The Contractor shall commence the works on site within the period named in the
Appendix to form of Tender after the receipt by him of any order in writing to this
effect from the C.E and shall proceed with the same with due expedition and without
delay except as may be expressly sanctioned or ordered by the CE or be wholly
beyond the Contractor’s control.

46.0 TIME FOR COMPLETION

46.1 Subject to any requirement in the specification as to completion of any portion of the
works before completion of the whole, the whole of the works shall be completed
within the time stated in the Appendix to form of Tender, calculated from the date of
the CE’s written order to commence the works or such extended time as may be
allowed under Clause-50 hereof.
46.2 Subject to, as aforesaid the Contractor will be free to decide the order and
programming of the works and shall be responsible for providing and regulating the
supply of all necessary plant, labour and materials as required from time to time to
complete the works and section of the works within the period named in the Appendix
to form of Tender.
46.3 The Contractor shall, each month or more frequently review the progress of the works
after which he shall take all necessary steps that may be required to remedy any
delays.
46.4 The Contractor shall notify the CE each month or more frequently of any delay in the
works, setting the cause and the extent of the delay and the action being taken to
remedy the delay.
47.0 PROGRAMME TO BE FURNISHED.
47.1 As soon as practicable after the acceptance of his tender the Contractor shall, submit
to the CE for his approval a programme showing the order or procedure and method
in which he proposes to carry out the works and shall whenever required by the CE
furnish for his information particulars in writing of the Contractor’s arrangements for
the carrying out of the works and of the Constructional Plant and Temporary Works
which the contractor intends to supply, use or construct as the case may be. The
submission to and approval by the CE of such programme or the furnishing of such
particulars shall not relieve the Contractor of any of his duties or responsibilities
under the contract, and the Contractor shall be absolutely and solely responsible for
the methods employed in carrying out the works.
47.2 The schedule of plan submitted by the Contractor in accordance with Clause-47.1
shall if approved by the CE, be deemed to form part of the Agreement/Contract If
necessary the Contractor shall at his own expense and in agreement with the CE add
to or amend the schedule of plan to suit the progress of the works.

34
48.0 RATE OF PROGRESS.
48.1 The whole of the materials plant and labour to be provided by the Contractor and the
mode/manner and speed of execution and maintenance of the works are to be of kind
and conducted in a manner to the satisfaction of the CE. Should the rate of progress of
the Works or any part thereof be at any time in the opinion of the CE too slow to
ensure the completion of the works by the prescribed time or extended time for
completion the CE shall so notify the Contractor in writing and the Contractor shall
there upon take such steps as the Contractor may think necessary and the CE may
approve to expedite the progress so as to complete the works by the prescribed time
or extended time for completion. If he work is not being carried on by day and by
night and the Contractor shall request permission to work by night as well as by day
then if the CE shall grant such permission the Contractor shall not be entitled to any
additional payment for so doing, but if such permission shall be refused and there
shall be no equivalent practicable method of expediting the progress of the work the
time for completion shall be extended by such period as is solely attributable to such
refusal.

49.0 SUSPENSION OF WORK

49.1 The Contractor shall on the written order of the CE suspend the progress of the works
or any part thereof for such time or times and in such manner as the CE may consider
necessary and shall during such suspension properly project and secure the work so
far as is necessary in the opinion of the CE. The extra cost (if any) incurred by the
Contractor in giving effect to the CE’s instruction under this clause shall be borne by
the Board unless such suspension is:
a) Otherwise provided for in the Contract
OR
b) Necessary for the proper execution of the work or by reason of weather
conditions affecting the safety or quality of the works or by some default on the
part of the Contractor
OR
c) Necessary for the safety of the works or any part thereof.

Provided that the Contractor shall not be entitled to recover any such extra cost unless
he is given notice in writing of his intention to claim to CE within 28 days of the CE’s
order. The CE shall settle and determine the extra payment to be made to the
Contractor in respect of such claim as the CE shall consider fair and reasonable.
49.2 If the progress of the works or any part thereof is suspended on the written order of
the CE for more than 90 days the Contractor may serve a written notice on the CE
requiring permission within 28 days from the receipt thereof to proceed with works or
that part thereof in regard to which progress suspended and if such permission is not
granted within that time the Contractor by a further written notice so served may (but
is not bound to) elect to treat the suspension where it affects part only of the Works as
an omission of such part under Clause-60 hereof or where it affects the whole works
as an abandonment of the Contract by the Board.

50.0 EXTENSION OF TIME FOR COMPLETION:

All additional works and variations ordered by the CE shall be completed within the
contract time for completion of the section works to which they relate unless the
amount of extra or additional work of any kind or other special circumstances of any
kind whatsoever which may occur shall be such as fairly to entitle the Contractor to an
extension of time for completion in which case the CE shall determine the amount of
such extension. Provided that the CE is not bound to take into account any extra or
additional work or other special circumstances unless the contractor has within 28days
after such work has been commenced or such circumstances have risen or as soon
thereafter as is practicable deliver to the CE full and detailed particulars of any claim,
to extension of time to which he may consider himself entitled to order that such claim
may be investigated at the time. Provided further that an extension of time for

35
 completion shall not entitled the contractor to any extra payment for expenses by way
of increased overhead or otherwise.

51.0 LIQUIDATED DAMAGES FOR DELAY:

51.1 The time allowed for carrying out the work shall be strictly observed by the
Contractor and the time shall be reckoned from the date of commencement of work.
The work shall throughout the period of contract be proceeded with all due diligence
(time being deemed to be of the essence of the Contract on the part of the contractor)
& the Contractor shall pay as compensation an amount equal to ¼% per week
after the schedule completion date or such smaller amount as the CE (whose decision
in writing shall be final) may decide on the amount of the estimated cost of the whole
work remains un-commenced, or unfinished after the proper dates.
The total amount of compensation to be paid under the provisions of these clauses
shall not exceed 05% (Five percent) of the contract price.
51.2 If before the completion of the whole of the Works any part of the Works has been
certified by the CE as completed pursuant to Clause-52 hereof and occupied or used
by the Board the liquidated damages for delay shall for any period of delay after such
certification be reduced in the proportion which the value of the part so certified bears
to the value of the whole of the works.
52.0 CERTIFICATES OF COMPLETION OF WORKS:
As soon as in the opinion of the CE the works shall have been substantially completed
and shall have satisfactorily passed any final test that may be prescribed by the
contract, the CE shall on receiving a written undertaking by the Contractor to finish
any outstanding work during the period of Maintenance issue to the Board (with a
copy to the Contractor) a Certificate of completion in respect of the works and the
period of Maintenance of the Works shall commence from the date of such certificate.
Provided that the CE may give such a certificate with respect to any part of the Works
before the completion of the whole of the Works and shall upon the written application
of the contractor give such certificate with respect to any substantial part of the works
which has been both completed to the satisfaction of the CE and occupied or used by
the Paradip Port Trust & when any such certificate is given in respect of a part of the
Works such part shall be considered as completed and the period of Maintenance of
such part shall commence from the date of such certificate. Provided also that a
certificate of completion given in accordance with the foregoing provisions of any part
of the works occupied and used as aforesaid shall not be deemed to certify
completion of any ground or surface requiring reinstatement unless such certificate
shall expressly so state.
53.0 PERIOD OF MAINTENANCE:
The period of maintenance is 01 (one) year. In these conditions the expression
“period of Maintenance” shall mean the period of maintenance named in the Form of
Tender calculated from the date of completion of the works certified by the CE in
accordance with Clause-52 hereof or in the event of more than one certificate having
been issued by the chief Engineer under the said Clauses from the respective date so
certified and in relation to the period of Maintenance the expression ‘the works’ shall
be construed accordingly.
54.0 EXECUTION OF WORK OR REPAIR AFTER COMPLETION:
54.1 To the intent that the works shall comply in all respects with the Contract expected
(fair wear and tear) during the period of Maintenance only the Contractor shall
execute all such work of repair, amendment, reconstruction, rectification and making
good of defects, imperfections, shrinkage or other faults as may be required of the
Contractor in writing by the CE during the period of Maintenance or within fourteen
days after its expiration as a result of any inspection made by or on behalf of the CE
prior to its expiration.
54.2 All such work shall be carried out by the Contractor at his own expenses if the
necessity thereof shall, in the opinion of the CE be due to the use of materials or
workmanship not in accordance with the Contract, neglect or failure on the part of the

36
 Contractor to comply with any obligations expressed or implied on the Contractor’s
part under the Contract. If in the opinion of the CE such necessity shall be due to any
other cause the value of such work shall be ascertained and paid for as if it were
additional work.
54.3 If the Contractor shall fail to do any such work as aforesaid required by the CE the
Board shall be entitled to carry out such work by its own workmen or by other
contractors and if such work is work which the contractor should have carried out at
the Contractor’s own cost, shall be entitled to recover from the contractor the cost
thereof or may deduct the same from any monies due or that become due to the
contractor.

55.0 CONTRACTOR TO SEARCH:

The contractor shall if required by the CE in writing search for the cause of any defect,
imperfection of fault under the directions of CE. Unless such defect, imperfection or
fault shall be one for which the contractor is liable under the Contract, the cost of the
work carried out by the contractor in searching as aforesaid shall be borne by the
Board. But if such defect, imperfection or fault shall be one for which the contractor is
liable as aforesaid the cost of the work carried out in searching as aforesaid shall be
borne by the Contractor and he shall in such case repair, rectify and make good such
defect, imperfection of fault at his own expense in accordance with the provisions of
Clause hereof.
56.0 APPROVAL ONLY BY MAINTENANCE CERTIFICATE:
No certificate other than the Maintenance Certificate referred to in Clause-57 hereof
shall be deemed to constitute approval of any work or other matter in respect of which
it is issued or shall be taken as an admission of the due performance of the contractor
or any part thereof or of the accuracy of any claim or demand made by the contractor
or of additional or varied work having been ordered by the CE nor shall any other
certificate conclude or prejudice any of the powers of the CE.
57.0 MAINTENACE CERTIFICATE:
The Contract shall not be considered as completed until a maintenance certificate
shall have been signed by the CE and delivered to the Board stating that the works
have been completed and maintained to his satisfaction. The maintenance certificate
shall be given by the CE twenty eight days after the expiration of the period of
Maintenance (or if different periods of maintenance shall become applicable to
different parts of the work, the expiration of latest such period or as soon thereafter as
any works ordered during such period pursuant to Clauses-53 & 54 hereof shall have
been completed to the satisfaction of the CE and full effect shall be given to this clause
not withstanding any previous entry on the works or the taking possession working or
using thereof or any part thereof by the Board.
58.0 CESSATION OF THE BOARD’S LIABILITY:
The Board shall not be liable to the Contractor for any matter or thing arising out of or
in connection with the contract or the execution of the works unless the contractor
shall have made a claim in writing in respect thereof before the giving of the
Maintenance certificate under Clause-57.
59.0 UNFULFILLED OBLIGATIONS:
Notwithstanding the issue of the Maintenance Certificate the Contractor and (subject
to Clause-58) the Board shall remain liable for the fulfillment of any obligation
incurred under the provisions of the Contract prior to the issue of the Maintenance
Certificate which remains unperformed at the time such certificate is issued and for
the purposes of determining the nature and extent of any such obligation the contract
shall be deemed to remain in force between the parties hereto.

60.0 VARIATIONS.
60.1 The Contractor shall not alter any of the works except in accordance with a Variation
Order issued in writing by the CE under the following provisions:

37
60.2 The CE shall make any variation of the for quality or quantity of the works of any part
thereof that may in his opinion be necessary and for that purpose or shall have power
to order the Contractor to do and the Contractor shall do any of the followings:
a) Increase or decrease the quantity of work included in the Contract;
b) Omit any such work.
c) Change the character or quality or kind or any of each work.
d) Change the levels, lines positions & dimensions of any part of works &
e) Execute additional, substituted or new item of work or any kind necessary for
the completion of the works.
60.3 No variation order issued by the CE under Clause-60.2 shall in any way vitiate or
invalidate the Contract but the value (if any) or all variations ordered by the CE shall
be taken into account in ascertaining the Contract Price.
60.4 Any increase or decrease of the quantities set out in the Bill of Quantities ascertained
by measurement in accordance with Clause-66 hereof is not a variation within the
meanings of the Clause-60.

61.0 VALUATION OF VARIATIONS:

61.1 The rates quoted in the Bill of Quantities shall hold good for all times of work,
regardless of the actual quantity of work done under each item so long as the total cost
of works does not vary from the Contract price by 25% (Twenty five percent).

For fixing unit rates in case of variation over 25% of contract price the CE shall fix such
prices as he considers to the reasonable and proper based on already quoted rates in
the Bill of Quantities taking into account the actual operations involved in the
execution of the revised quantities of work.
61.2 The CE shall determine what adjustment (if any) of the sum named in paragraph-1 of
the Tender shall be made in respect of work done or omitted pursuant to a variation
order.
61.3 The fixing of rates of work pursuant to a variation order the following principle shall
be followed:
i) If the rates for an identical item is available in the Bill of Quantity than the same
rate shall be applicable.
ii) If rates for similar items of work are available in the Bill of Quantities than those
shall be used as basis of working out rates for new items of work taking into
account the actual operations involved in the execution of the variation item of
work.
iii) If altogether new items of work are ordered the rate shall be equal to (actual
cost of materials supplied at site + actual cost of labour + actual cost of plant
utilized in the works)+20% due to overheads and profits. For all these costs the
contractor shall submit vouchers and other relevant records acceptable to the
CE.
61.4 No increase of the Contract Price under Clause-61.1 of variation of rate or price and
under Clause-61.2 shall be made unless within 28 days after the date of the variation
order notice is given in writing.
a) by the contractor to the CE of his intention to claim extra payment or a varied
rate, or
b) by the CE to the contractor of his intention to vary a rate or price as the case
may be.
61.5 All rates and prices for variations agreed to or determined pursuant to the foregoing
provisions shall be deemed to include for any necessary revision of the Contractor’s
programme and his supervision labour and plant requirements and costs that the
variation may entail.
61.6 Pending finalisation in respect of the fixing of rates of the work pursuant to a variation
order, the contractor shall continue and be bound to continue and perform the works
to completion in all respects according to the contract.

38
62.0 DAY-WORK:
62.1 In any variation order the CE may if in his opinion it is necessary or desirable order in
writing that any additional or substituted work shall be executed on a day work basis.
The contractor shall then be paid for such work under the conditions set out in the day
work Schedule include in the Bill of Quantities and at the rates and prices affixed
thereto by him in his tender or in the absence thereof upon such terms and at such
rates and prices as the CE shall consider to be proper and reasonable.
62.2 the Contractor shall furnish to the CE all receipts or other vouchers as may be
necessary to prove the amount paid and before ordering materials shall submit to the
CE quotations for the same for his approval.
62.3 In respect of all work executed on a day work basis the Contractor shall during the
continuance of such work deliver each day to the CE an exact list in duplicate of the
names occupation and tie of all workmen employed on such work and statement also
in duplicate showing the description and quantity of all materials and plant used
thereon or thereof (other than plant which is included in the percentage addition in
accordance with the schedule under which payment for day work is made). One copy
of each list and statement when agreed will be signed by the CE and returned to the
Contractor. At the end of each month the Contractor shall deliver to the CE a priced
statement of the labour, materials and plants (except as aforesaid) used.
63.0 CLAIMS:
63.1 The Contractor shall send to the CE with each monthly statement to be submitted
under Clause-67.1 hereof an account giving full and detail particulars (included in the
case of day work the above mentioned priced statement of labour, material and plant)
additional substituted work ordered by the CE (whether on a day work basis or
otherwise) which the Contractor has executed during the preceding month. No claim
for payment for any such work will be considered which has not been included in such
particulars unless the omission shall have been approved by the CE in exceptional
circumstances represented by Contractor to the CE in writing before the end of the
month in which the additional or substituted work is executed.
63.2 If the contractor intends to make any claim for payment of additional expenses in
executing the works over and above that allowed for in the rates and prices stated in
the period Bill of Quantities or determined by the CE the Contractor shall notify the CE
in writing of his intention to make such a claim and stating the reasons by virtue of
which he considers he is entitled to additional payment. No claim for payment of
additional expenses will be considered unless:
a) the said notice has been given within 28 days after the time when the Contractor know
or ought reasonably to have know of the cause giving or likely to give rise to additional
expenses.
b) the contractor as soon as in practicable and in every case within three months after the
date of completion of the works certified by the CE pursuant to Clause-52 hereof (or if
more than one certificate is issued by the CE under the said Clause then from the date,
certified in the latest such certificate) submit to the CE detailed particulars of the
reasons giving rise to the claim and full details showing how the amount of the claim is
calculated.
Provided always that the provisions of this Clause do not apply to claims for day work or
to notices or claims for which other clauses in these conditions stipulate the time for
submission.

64.0 QUANTITIES:
64.1 The quantities set out in the Bill of Quantities are the estimated quantities of the work
but they are not to be taken as the actual and correct quantities of the work to be
executed by the contractor in fulfilment of his obligations under the contract.

65.0 PROCEDURE FOR MEASUREMENT:

65.1 The CE shall except as otherwise stated ascertain and determine by measurement the
value in accordance with the contract of work done in accordance with the Contract /
IS codes.

39
65.2 All measurement shall be in metric system. All the works in progress will be jointly
measured by the CE’s representative and the Contractor’s authorized agent
progressively such measurements will be got recorded in the measurement book by
CE’s representative and signed in token of acceptance by the Contractor or his
authorized representative. For the purpose of taking joint measurement the
contractor’s representative shall be bound to be present whenever required by the
CE. If however the absents for any reason whatsoever the measurement will be taken
by the CE’s representative & these will be deemed to be correct and binding on the
contractor.
65.3 The works shall be measured net, notwithstanding any general or local custom except
where otherwise specifically described or prescribed in the Contract.

66.0 PROVISIONAL AND PRIME COST SUMS:

66.1 Every provisional sum (other than P.C. Prices under Clause-66.2) set out in the Bill of
Quantities (including work to be executed by the contractor which has not been
specified in detail when the Contract is entered in to) together with the charges and
profits (if any) which the contractor shall have added to such sums shall be deducted
from the contract price and in lieu thereof there shall be added to the Contract price
where work to which the provisional sum relates has been ordered by the CE and
executed by the Contractor the value of the work so executed valued in accordance
with Clause-61 hereof.
66.2. Every sum in the Bill of Quantities which contains (either as the whole or part of the
sum) a prime cost (c) price for goods or materials to be supplied for or for
incorporation into the works shall be varied by the substitution for the prime cost
price of the actual price paid by the contractor for the goods or materials on the
direction of the CE and the contract price shall be increased or decreased (as the case
may be) by the amount by which the sum in the Bill of Quantities is increased or
decreased by such substitution. No variation shall be made to or in respect of any sum
added for labours to the price cost price on account of the said actual price being
greater or less than the prime cost but in respect of all other charges and profits there
shall be added or deducted as the case may be. A sum representing such percentage
as is provided in the Bill of Quantities in relation to the particular item of Prime
concerned.
66.3 All the sums set out in the Bill of quantities which shall be and stated to be provisional
or for contingencies shall be used only at the direction and discretion of the CE and if
not used either whole or in part shall as to the amount not used be deducted from the
Contract price.
66.4 The Contractor shall when required by the CE produce all quotations, invoices,
vouchers and accounts or receipts in connection with expenditure in respect of
provisional or prime cost items.

67.0 RUNNING ACCOUNT PAYMENTS:

67.1 The Contractor shall submit to the CE after the end of each month a statement showing
the estimated contract value of the permanent work executed up to the end of the
month (if such value shall justify the issue of an interim certificate) and the contractor
will be paid monthly on certificate of the CE the amount due to him on account of the
estimated contract value of the permanent work executed up to the end of the
previous month and in addition such amount as the CE may consider fair and
reasonable for any preliminaries, Temporary works Constructional Plant for which
separate amount provided in the Bill of Quantities subject to a retention of 10% of the
amount payable if required under the provisions of Clause-9.1 hereof. NO such
retention from running account bills shall be made after the total amount thus retained
reaches 9% of the value of the contract, provided always that no interim certificate
shall be issued for a sum of less than that named in the Appendix to form of Tender at
one time.
67.2 All running account payments shall be regarded as payments by way of advance
against the final payment only and not as payments for work actually done and
completed, and shall not preclude the requiring of bad, unsound and imperfect or

40
 unskilled work to be removed and taken away and reconstructed or re-erected or so
considered as an admission of the due performance of the contract or any part thereof,
in this respect, or of the accruing of any claim by the Contractor, not shall if conclude,
determine or effect in anyway the powers of the Board under these conditions or any
of them so to the final settlement and adjustments of the accounts or otherwise, or in
any other way or effect the Contract.
67.3 The CE may by any certificate make any correction or modification in any previous
certificate which shall have been issued by him and shall have power to withhold any
certificate if the works or any part thereof are not being carried out to his satisfaction.

68.0 FINAL STATEMENT AND MODE OF PAYMENT:

68.1 The contractor’s final statement showing in detail measurement and the total quantities
and values of the works actually executed for each item under the contract shall be
delivered to the CE within three months after the date of issue of the certificate of
completion under Clause-52 hereof or latest of such certificate if more than one
Certificate of the CE the amount due to the contractor for the works actually executed
under the contract less the aggregate amount of all previous payments made to the
contractor under the provisions of Clause-67. Full effect shall be given to this Clause
not withstanding that at the date of issue of the CE’s certificate relevant to the
Contractor’s final statement there may be outstanding works which the contractor has
undertaken to complete during the period of Maintenance but the Board shall be
entitled to withhold payment of such sums as shall in the opinion of the CE represent
the cost of such outstanding works until they are completed.
68.1.1 The final bill shall be passed for payment within three months after submission of the
bill by the contractor. The date on which the cheque of payment is made will be
considered as date of payment for all purposes.

After the payment of the amount of Final, Bill playable as aforesaid has been made to
the Contractor may if he so desires reconsider his position in respect of the disputed
portion of the final bill and he fails to do so within 90 days, his disputed claims shall be
dealt with as provided in the Contract.
68.1.2 No claim for interest will be entertained by the Board with respect to any money or
balances which may be in its hands owing to any dispute between itself and the
Contractor or with respect to any delay on the part of the Board in making Interim of
Final Payments or otherwise.
68.2 Payment due to the Contractor shall be made by the Board by Crossed Account Payee
Cheque forwarding the same to registered office of the notified office of the
Contractor. In no case will Board be responsible if the cheque is misled or
disappropriated by un-authorised person/persons, pre-receipted on proper revenue
stamp.
68.3 All payment made to the Contractor under the Contract shall unless otherwise agreed,
be made to the Contractor in Indian Currency.
68.4 The CE reserves the right until the end of the Maintenance period to carry out a post-
payment audit and technical examination of the final bill including all supporting
vouchers, abstracts etc. If as a result of such audit and technical examination any over-
payment is discovered in respect of work done by the Contractor if alleged to have
been done by him under the Contract, it shall be recovered by the CE from the
contractor by any or all of the method described above or if any underpayment is
discovered the amount shall be duly paid to the Contractor by CE.

69.0 RECEIPT FOR PAYMENT:

Receipt for payment made on account of work when executed by a firm must be
signed by a person holding due power of attorney in this respect on behalf of the
Contract, except when the Contractor are prescribed in their tenders a limited
company in which case the receipt must be signed in the name of the Company by
one of its Principal Officers or by some other persons having authority to give effectual
receipt for the Company.

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70.0 TAXES:
The Contractor is deemed to have ascertained and provided for payment of Income
Tax and other taxes as are applicable/chargeable under the law for the time being in
force in respect of the contract and contract prices shall be deemed to be inclusive of
all such payments. The Contract shall be governed by the Indian Contract Act.
As per law, if there is any provision for reimbursement/payment of any type of taxes
by the employer, the same shall be done accordingly. GST would be applicable @
18% for works contract and will be paid extra.
The Contractor shall be responsible for the compliance with all obligations and
restrictions imposed by the labour law or any other law affecting employer-employee
relationship and the contractor further agrees to comply and to secure the compliance
of all sub-contractors with all applicable Central, State or Local Government Agency
or authority. Contractor further agrees to defend, indemnify and hold harmless from
any liability or penalty which may be imposed by the Central State or Local
Authorities by reason of any violation by Contractor or sub-contractor of such laws
regulations of requirements and also from all claims, suits of proceedings that may be
brought against the Board, arising under, growing out of or by reason of the work
provided for by this Contract, by third parties or by central or states Government
Authority of any Administrative sub-division thereof.

71.0 INSURANCE:
71.1 The Contractor shall at his own expenses carry and maintain insurance with reputable
insurance companies to the satisfaction of the Board as follows:
i) Employees State Insurance Act:
The Contractor agrees to and does hereby accept full and exclusive liability for the
compliance with all obligations imposed by the Employee’s State Insurance Act 1948
and the Contractor further agrees to defend, indemnify and hold Board harmless from
any liability or penalty which may be imposed by any Central, State or Local authority
by reason of any assessed violation by Contractor or Sub-contractor of the Employee’s
State Insurance Act 1948 and also from all claims, suits of proceedings, that may be
brought against the Board arising under growing out of or by reason of the work
provided for by this Contract whether brought by employees of the Contractor, by third
parties or by Central or State Government Authority or any Political sub-division
thereof.

The Contractor agrees to fill in with the Employees State Insurance Corporation the
Declaration forms and all forms which may be required in respect of the Contractor’s or
sub-contractor’s employees, and who are employed in the work provided for or those
covered by ESI from time to time under the Agreement. The Contractor shall deduct and
secure the agreement of the sub-contractor to deduct the employee’s contribution as
per the first Schedule of the Employees State Insurance Act from wages and affix
employees contribution cards at wages payment intervals. The Contractor shall remit
and secure the agreement of the sub-contractor to remit to the State Bank of India,
Employer’s State Insurance Corporation account, he Employer’s contribution as
required by Act. The Contractor agrees to maintain all cards and records as required
under the Act in respect of employees and payments and the contractor shall secure the
agreement of the sub-contractor to maintain such records. Any expenses incurred for
the contributions making contributions or maintaining records shall be to the
Contractor’s or sub-Contractor account.

ii) WORKMAN’S COMPENSATION – EMPLOYER’S LIABILITY INSURANCE:

Insurance shall be effected for all the Contractor’s employees engaged in the
performance of this contact. If any of the work is sublet, the contractor shall require the
sub-contractor to provide workman’s Compensation and Employer’s liability Insurance
for the latter’s employees if such employees are not covered under the Contractor’s
Insurance.

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 iii) CONTRACTOR’S PROTECTIVE LIABILITY INSURANCE:
Contractor shall in addition, whether any of the work is sublet or not, effect Contractor’s
Protective Liability Insurance for amounts to be decided by the Board to cover injury or
death of person injured or killed as a result of accident, and for an additional amount to
be decided by the Board to cover loss or damage to property resulting from accidents.

72.0 INDEMNITY BY CONTRACTOR:

The Contractor shall (except if and so far as the specifications provides otherwise)
indemnify and keep indemnified the Board against all losses and claims for injuries or
damage to any person of any property whatsoever which may arise out of or in
consequence of the construction and maintenance of the works and against all claims,
demands, proceedings, damages costs charges and expenses, whatsoever in respect
of or in relation thereto. The Contractor shall further indemnify and keep indemnified
the Board against all claims, demands, proceedings, damages, costs, charges and
expenses whatsoever for which the Board may become liable or which they may incur
in consequence of any failure on the part of the Contractor to comply. Provided always
that nothing herein contained shall be deemed to render the Contractor liable for or in
respect of or to indemnify the Board against any compensation or damages for or with
respect thereto:
a) The permanent use or occupation of land by the works or any part thereof.
b) The right of the Board to construct the works or any part thereof on over, under
in or through any land.
c) Interference whether temporary or permanent with any right of light air way or
water or other easement or quasi-easement which is the unavoidable result of
the construction of the works in accordance with the contract.
d) Injuries or damage to persons or property resulting from any act or neglect or
committed during currency of the contract by the Board his agents, servants or
other Contractors (not being employed by the Contractor) or for in respect of
any claims, demands, proceedings, damages, costs, charges and expenses in
respect thereof or in relation thereto.

73.0 INDEMNITY BY BOARD.

The Board will save harmless and indemnify the Contractor from and against all claims
demands proceedings damages costs charges and expenses in respect of the matters
referred to in Clause-72.

74.0 INSURANCE OF WORKS ETC.

Without limiting his obligations and responsibilities under Clause-35 hereof the
Contractor shall insure at his expense with a Company to be approved by the Board in
the joint names of the Board and the Contractor against all loss or damage from
whatever cause arising (other than the excepted risks) for which he is responsible
under the terms of the Contract.
a) The works and the Temporary works to the full value of such works executed
from time to time.
b) The materials, constructional plant and other things brought on to the site by
the Contractor to the full value of such materials, constructional plant and other
things.

75.0 THIRD PARTY INSURANCE

Before the commencing the execution of the works the Contractor (but without limiting
his obligations and responsibilities under Clause-72 hereof) shall insure in the joint
names of the Board and the Contractor against any damages loss or injury which may
occur to any property or to any person (including property and employees of the
Board) or by arising out of the execution of the works or temporary works or in the
carrying out of the Contract otherwise than due to the matters referred to in the
provision to Clause-72 hereof. Such insurance shall be affected for at least the amount
stated in the Appendix to the Form of Tender.

43
76.0 GENERAL PROVISIONS AS TO INSURANCE.
76.1 All insurance to be affected by the Contractor under Clause-71,74 and 75 hereof or
otherwise under the Contract shall be effected with an insurer and in terms approved
by the Board (which approval shall not be unreasonably withheld) and the contractor
shall whenever required produce to the CE the policy or policies of insurance & he
receipts for payments of the current premium and shall also procure to be so
produced policies effected by him sub-contractors under Clause-71 hereof and the
receipt for the current premium there under.
76.2 All such insurance shall (save as otherwise expressly provided) be kept in force by
the Contractor in such a manner that the Board and Contractor are covered during the
period of construction of the works and are also covered during the period of
maintenance for loss or damage arising from a cause occurring prior to the
commencement of the period of maintenance and for any loss or damage occasioned
by the contractor in the course of any operations carried out by him for the purpose of
complying with his obligations under Clause-53 and 54 hereof.

77.0 REMEDY ON CONTRACTOR’S FAILURE TO INSURE.

If the Contractor shall fail to effect and keep in force the insurance referred to in
Clause-71, 74 and 75 hereof or any other insurance which he may be required to
effect under the terms of the Contract then any loss or damage arising from any cause
shall be borne by the Contractor and no claims shall be entertained by the Board on
this account.

78.0 NO LIABILITY FOR WAR ETC RISKS:

Notwithstanding anything in the Contract contains:
a) The Contractor shall be under no liability whatsoever whether by way of indemnify
or otherwise for or in respect of destruction of or damage to the Works (save to work
condemned under the provision of Clause-33 hereof prior to the occurrence of any
special risks hereinafter mentioned) or Temporary works or to properly whether of
the Board or in third parties or for or in respect of injury or loss of life which is the
consequence whether direct or indirect of war hostilities (whether war be declared
or not) invasion act of foreign enemies, rebellions, revolution, insurrection or
military or usurped power riot, civil war or commotion or disorder otherwise than
among the Contractor’s own workmen (hereinafter comprehensively referred to as
the said special risk) and the Board shall indemnify and save harmless the
Contractor against and from the same and against and fro all claims demands
proceedings, damages, cost, charges and expenses whatsoever arising there from
or in connection therewith and shall compensate the Contractor for any loss or of
damage to property of the Contractor used or intended to be used for the purpose of
the works (including property in transit to the site) and occasioned either directly by
the said special risks and for the purpose of the this Clause the expression “property
of the Contractor” shall include in plant brought to the site by the Contractor the
property in which is vested in the Board under the Terms of Clauses-84 through 52
hereof.
b) If the works or Temporary works or any materials (whether for the former or the
later) on or near the site shall sustain destruction or damage by reason of any of the
said special risks the Contractor shall nevertheless be entitled to payment for any
permanent work and for any materials so destroyed or damaged and the Contractor
shall be entitled to be paid by the Board the cost of making good any such
destruction or damage whether to the works or the Temporary works and or
replacing or making good such materials so far as may be required by the CE or as
may be necessary for the completion of the works on a prime cost basis plus such
profit as the CE may certify to be reasonable.
c) Destruction, damage, injury or loss of life caused by the explosion or impact
whenever and wherever occurring of any mine bomb shall grenade or other
projectile missile, ammunition or explosive of war shall be deemed to be a
consequence or the said special risks.

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79.0 INCREASED COSTS ARISING FROM SPECIAL RISKS.
The Board shall repay to the contractor any increases cost of or incidental to the
execution of the Works (other than such as may be attributable to the cost of
reconstructing work condemned under the Provision of Clause-33 hereof prior to the
occurrence of any special risk) which is however attributable to or consequent on or
the result of or in any way whatsoever connected with said special risks (subject
however to the provisions in Clause-8 hereinafter contained in regard to outbreak of
war) but the contractor shall as soon as any such increase or cost shall come to his
knowledge forth with notify the CE thereof in writing.

80.0 OUTBREAK OF WAR.

If during the currency of the contract there shall be an outbreak of war (whether war is
declared or not) in any part of the World which whether financially or otherwise
materially effects the execution of the works the contractor shall unless and until the
contract is determined under the provisions contained in this Clause use his best
endeavors to complete the execution of the works provided always that the Board
shall be entitled at any time after such outbreak of war to determine this contract by
giving notice in writing to the contractor and upon such notice being given this
contract shall (same as to the rights of the parties under this Clause and to the
operation of Clause-93 hereof) terminate but without prejudice to the rights of either
party in respect of any antecedent beach thereof.

81.0 REMOVAL OF PLANT ON DETERMMINATION:

If the contract shall be determined under the Provision of Clause-80, the contractor
shall with all reasonable dispatch remove from the site all constructional plant and
shall give similar facilities to his subcontractors to do so.

82.0 PAYMENT IF CONTRACT DETERMINED:

If the contract shall be determined as aforesaid the contractor shall be paid by the
Board (in so far as such amount(s) or items shall not have already been covered by
payment on account made to the contractor) for all work executed prior to the date of
determination at the rates and prices provided in the contract and in addition.
(a) The amounts payable in respect of any preliminary items so far as the work or
service comprised therein has been carried out or performed and a proper
proportion as certified by the CE of any such items the work or service
comprised in which has been partially carried out or performed.
(b) The cost of materials or goods reasonably ordered for the works or temporary
work which shall have been delivered to the contractor or of which the
contractor is legally liable to accept delivery (such materials or good becoming
the property of the Board upon such payment being made by him).
(c) A sum to be certified by the CE being the amount of any expenditure reasonably
incurred by the contractor in the expectation of completing the whole of the
works in so far as such expenditure shall not have been covered by the payment
in the payment in this clause before mentioned.
(d) Any additional sum payable under the provisions of Caluse-78 and 79 hereof.
(e) The reasonable cost of removal under Clause–81 and (if required by the
Contractor) return thereof to the Contractor’s main plant yard.
(f) The reasonable cost of repatriation of all the contractor’s staff and workmen
employed on or in connection with the works at the time of such termination
provided always that against any payments due from the Board under this Clause
the Board shall be entitled to be credited with any outstanding balance due from
the contractor for advances (if any) in respect of plant and materials and any sum
previously paid by the Board to the Contractor in respect of the execution of the
works.

83.0 PAYMENT IN EVENT OF FRUSTRATION.

In the event of the contract being frustrated whether by way or otherwise howsoever
the sum payable by the Board to the contractor in respect of the work executed shall

45
 be the same as that which would have been payable under Clause-82 hereof if the
Contractor has been determined under the Provision of Clause-80 hereof.

84.0 PLANT ETC. PROPERTY OF THE BOARD:

84.1 For the purpose of this Clause.
(a) The expression ‘Constructional Plant’ shall be deemed to exclude vehicles engaged in
transporting any plant equipment or materials to or from the site.
(b) The expression ‘Essential Hire Plant’ shall mean all constructional Plant temporary
works and materials for temporary works the withdrawal of which in the event of a
forfeiture under Clause-13 hereof might (having regard to the methods of
construction employed prior to the forfeiture) endanger the safety or stability of or
result in serious disturbance to the execution of any part of the works and which are
held by the Contractor under any agreement for hire thereof.
(c) The expression ‘Hired Plant’ shall mean any construction Plant temporary works and
materials for temporary works (other than Essential Hire Plant) held by the Contractor
under any agreement for hire thereof.
(d) The expression ‘Agreement for Hire’ shall be deemed not to include an agreement for
hire purchase.
(e) The expression ‘Hire purchase Plant’ shall mean any constructional plant temporary
works and materials for temporary works held by the contractor under an agreement
for hire purchase thereof.
84.2 All constructional plant temporary works and materials owned by the Contractor or by
any company in which the Contractor has a controlling interest shall when brought on
to the site (or in the case of hire purchase plant on the site) on its becoming the
property of the Contractor immediately be deemed to become the property of the
Board.
85.0 CONDITIONS OF HIRE OF CERTAIN PLANT.
With a view of securing in the event of a forfeiture under Clause-13 hereof the
continued availability for the purpose of executing the works of any essential Hire
plant the Contractor shall not being on to the site any Essential Hired Plant unless the
agreement for hire thereof contains a provisions that the Owner thereof will on request
in writing made by the CE within seven days after the date on which any such
forfeiture has become effective and on the Board undertaking to pay all hire charges
in respect thereof from such date of hire, such Essential Hired Plant to the Board on the
same terms in all respects as the same was hired to the Contractor save that the Board
shall be entitled to permit the use thereof by any other contractor employed by the
Board for the purpose of completing the works under the terms of the said Clause-13.
86.0 COST FOR PURPOSE OF CLAUSE-13.
In the event of the Board entering into any agreement for hire of essential hire plant
pursuant to the provisions of Clause-85, all sum properly paid by the Board under the
provisions of any such agreement and all expenses incurred by hire (including stamp
duties) in entering in to such agreement shall be deemed for the purpose of Clause-13
hereof to be part of the cost of completing the works.
87.0 CONTRACTOR’S CERTIFICATE AS TO HIRING PROVISIONS.
The Contractor shall upon request made by the CE at any time in relation to any item
of Essential Hired Plant forthwith notify to the CE in writing the name and address of
the owner thereof and shall certify that the agreement for the hire thereof contain a
provision in accordance with the requirement of Clause-85. The contractor shall also
upon request as aforesaid give a like notification (but without certificate) in regard to
any Hire Purchase Plant.
88.0 HIRE PURCHASE PAYMENT BY THE BOARD.
The Board shall in order to avoid seizure by the owner of any Hire purchase Plant be
entitled to pay to such owner the amount of any overdue instalment or other sum
payable under any agreement for hire purchase & in the event of his doing so any
amount so paid by him shall be a debt due from the Contractor to the Board and may
be deducted by the Board from any moneys due or that may become due to the
contractor under the contract at law.

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89.0 IRREMOVABILITY OF CERTAIN PLANT, ETC.
No Constructional Plant, Temporary works or materials or any part thereof (Except
Hired Plant) shall be removed from the site without the written consent of the CE
which consent shall not be unreasonably withheld where the same is not immediately
required for the purpose of completion of the works but the CE will permit the
Contractor the exclusive use all such Constructional Plant, Temporary works and
materials in and for the completion of the Works until the occurrence of any event
which gives the CE the right to exclude the Contractor from the site and proceed with
the completion of works.
90.0 REVESTING AND REMOVAL OF PLANT.
Upon removal of any such constructional plant temporary works or materials as have
been deemed to have become the property of the Board under Clause-84.2 with
consent as aforesaid the property therein shall be deemed to revest in the contractor
and upon completion of the works the property in the remainder of such
constructional plant. Temporary works and materials as aforesaid shall subject to the
provisions of Clause-13 hereof be deemed to revest in the contractor who shall
remove the same together with any essential hired plant and hire purchase Plant. If the
Contractor shall fail to remove any constructional plant Temporary works of materials
as aforesaid shall subject to the provision of Clause-13 hereof be deemed to revest in
the Contractor who shall remove a same together with any Essential Hired Plant or
Hire Purchase Plant. If the contractor shall fail to removing constructional plant
Temporary works or materials as aforesaid or any Essential Hired Plant, Hired Plant or
Hire Purchase Plant within such reasonable time after completion of the works as may
be allowed by the CE, then the Board may:
a) sell any such constructional plant, temporary works materials as aforesaid, and;
b) return at the contractor’s expense to the person, firm of company from whom any
Essential Hire Plant or Hired Purchase Plant was held by the Contractor such essential
hired plant or Hire purchase Plant.
And, after deducting from any proceeds of sale the costs charges and expenses of and
in connection with such sale and of and in connection with return as aforesaid shall pay
the balance (if any) to the Contractor but to the extent that the proceed of any sale are
insufficient to meet all such costs charges and expenses the excess shall be a debt due
from the Contractor to the Board and shall be deductible or recoverable by the Board
accordingly as aforesaid.
91.0 LIABILITY AND APPROVAL OF THE BOARD:
91.1 The Board shall not at any time be liable for the loss of or injury to any of the
constructional plant, temporary works of materials which have been deemed to
become the property of the Board under Clause-84.2 save as mentioned in Clause-35
and 78 hereof.
91.2 The operation of Clause-84 through 90 shall not be deemed to imply and approval by
the CE of the materials or other matters referred to therein nor shall it prevent the
rejection of any such materials at any time by the CE.
92.0 INCORPORATION OF CLAUSE IN SUB-CONTRACT:
The Contractor shall when entering into any sub-contract for the execution of any part
of the works incorporate in such sub-contract (by reference or otherwise) the
provisions of Clause 84 through 91 in relation to Constructional Plant Temporary
Works and materials essential Hire Plant and Hire Purchase Plant brought on to the
site by the Sub-Contractor.
93.0 ARBITRATION AND NOTICE:
If any dispute or different or any kind whatsoever shall arise between the Board or the
CE and the Contractor in connection with or arising out of the contract or carrying out
of the work (whether during the progress of works or after their completion and
whether before or after the determination of abandonment or breach of the Contract)
except as to the matters left to the sole discretion, decision or opinion of the CE, then it
shall be referred to and settled by the CE who shall state his decision in writing and
give notice of the same to the Board and the Contractor. Such decision in respect of

47
 every matters so referred shall be final and binding upon the Board and the contractor
until the completion of the works and shall forthwith be given effect to by the
contractor who shall proceed with the works with all due diligence whether notice of
dis-satisfaction is given by him or by the Board as hereinafter provided or not. If the
CE shall fail to give such decision for a period of 90 days after being requested to do
so or if either the Board or the contractor be dissatisfied with any such decision of the
CE then & in any such case either the Board or the Contractor may within 90 days after
the expiration of the first named period of 90 days (as the case may be) require that
the matter shall be referred to single arbitrator to be nominated by the CE. For that
purpose and any such reference shall be deemed to be a submission to arbitration
within the meaning of the Arbitration Laws of the entry to the Law of which the contract
is subject but if the CE has given decision and given notice thereof as aforesaid within
the period of 90 days as aforesaid and no notice of dissatisfaction has been given
either by the Board or the Contractor within a period of 90 days from receipt of such
notice thereof the said decision of the CE shall remain final and binding upon the
Board and the Contractor.
Such Arbitrator shall have full power to open up review and revise any decision
opinion direction certificate or valuation of the CE save in regard to the said matters
expressly excepted above and neither party shall be limited in the proceedings
before such arbitrator to the evidence or arguments put before the CE for the purpose
of obtaining his decision above referred to. The arbitration proceedings will be held
in Paradip and the award of the arbitrator shall be final and binding on the parties.
Such reference shall not be opened until after the completion of the works unless with
the written consent of the Board and the Contractor. Provided always that no decision
given by the CE in accordance with the forgoing provisions shall disqualify him from
being called as a witness and giving evidence before the Arbitrator on any matter
whatsoever relevant to the dispute or difference so referred to the arbitrator as
aforesaid.
94.0 SERVICE OF NOTICES ON CONTRACTOR:
Any notice to be given to the contractor under the terms of the contract shall be
served by sending the same by post to or leaving the same at the Contractor’s
principal place of business (or in the event of the Contractor being a Company to or at
its registered office).
95.0 SERVICE OF NOTICE ON CHIEF ENGINEER:
Any notice to be given to the CE under the terms of the contract shall be served by
sending the same by post to or leaving the same at the CE’s last known address.

96. OFFICE FOR THE CHIEF ENGINEER:

The Contractor at his own cost shall provide a site accommodation for use by the
Departmental staffs for supervision of the work.

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 SPECIAL CONDITIONS OF CONTRACT
TABLE OF CONTENTS

Clause TITLE
1. General
2. The Work
3. The Site
4. Programme and Progress of Work
5. Survey and Levels to be Agreed
6. Setting out the works
7. Order of works
8. Co-ordination and Inspection of Works
9. Contractor’s Technical Staff
10. Work in monsoon
11. Contractor’s working area
12. Temporary works, office, jetty, etc.
13. Operations of the Board and others
14. Port Trust Rules
15. Existing Services
16. Entry on private or other property
17. Notice of operations
18. Security and Safety
19. Law Governing contract
20. Joint Measurement of extras
21. Defects prior to taking over.
22. Possession prior to completion
23. Completion Documents
24. Water & power supply
25. Abnormal Rates
26. Dispute in Mode of Measurement
27. Liability and Guarantees
28. Contract supersedes previous documents
29. Bribes & commission
30. Photography
31. Publicity

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 SPECIAL CONDITIONS OF CONTRACT
1. GENERAL
1.1 Special conditions of contract shall be read in conjunction with the General Conditions
of Contract, Specifications, Work drawings and any other documents forming part of
the Contract.
1.2 Notwithstanding the sub-division of the documents in to these separate sections and
volumes, every part of each shall be deemed to be supplementary to and
complementary of every other part and shall be read with and into the contract so far
as it may be practicable to do so.
2. THE WORK:
2.1 SCOPE OF WORK: The work involves Providing 300mm dia Single under reamed
RCC M-20, Cutting of pile heads upto 0.30m, Initial load Test for file, Routine load test
for working pile, Earth work in excavation in all kinds of soil, Back filling the
excavated material, Supplying and filling of saline sand, P.C.C (1:3:6), P.C.C (1:2:4),
Providing reinforced cement concrete with C:C (1:1.5:3), Supplying of Fe 500 steel
confirming to IS 1786 of TATA/SAIL/RINL brands, providing rigid smooth, Brick work
with Fly ash brick, Cement plaster, cement punning, painting two coats with plastic
emulsion, painting two coats using 1st quality, 40mm thick graded concrete, providing
A.S. flooring of 40mm, providing and laying ceramic glazed floor tile, providing and
fixing of 1st quality ceramic glazed wall tiles, supplying, fitting, fixing full body
vitrified tile, supplying, fabricating and fixing of stainless steel, providing and
applying termite treatment to soil under floor, Factory made FRP Door frames,
supplying, fitting and fixing of dressed seasoned Salwood frames, supplying, fitting,
fixing fully glazed sliding aluminium window/ventilator, supplying, fitting, fixing
aluminium grill, factory made single/double leaf rigid FRP sand, supplying, fitting,
fixing in position 32mm thick piasal wood panelled shutters for door windows,
supplying, fitting and fixing 32mm WPC door and window shutter, supplying,
fabricating, fitting fixing of MS Grill, painting two coats of enamel paint, R.C.C
(1:1.5:3), dewatering the water engaging pump of 5HP capacity, supplying & fitting
and fixing of PH materials, construction of greese chamber, construction of inspection
chamber, construction of soak pit etc and other ancillary works etc.

2.2 NATURE OF WORK : The work is related with Construction of New Boys Hostel
Building (G+1) for Paradip College
3. THE SITE :
3.1 Site information.
3.1.1 The datum of soundings (chart datum) is Low Water Ordinary Spring Tide and all
soundings in drawings are referred to this Datum.
3.1.2 The following are the particulars of certain tide levels referred to the above ‘DATUM’
TIDE CHART DATUM
Highest High Water +3.25 M
Lowest Low Water +0.40 M
Indian Mean Sea Level +1.55 M

3.1.3 Climate is tropical with high humidity. The maximum temperature is 102 degree F and
the minimum 51 degree F. The average annual rainfall is 55” which falls mostly during
the South West monsoon prevailing during the months of June – October.
The wind during the monsoon months of June to September is predominantly from
South-west and the strength varies between 3 and 5 on the Beanfort Scale. But there
are certain periods when the force increased to 6 or still higher.
3.2 Site Conditions.
3.2.1 The intending tenderers are expected to visit the site and satisfy themselves on the
actual site conditions, meteorological and oceanographic data before tendering.

50
 Whatever information regarding climatological data given in the tender documents is
only intended as a general guidance for the contractor and no warranty is given for
the correctness of the same.
3.3 Access to site:
3.3.1 At present the work site is approachable by road from Cuttack Railway Station, a
distance of about 90 Kms. Cuttack is on Howrah-Madras Railway line. The site is also
accessible by sea from Calcutta, Visakhapatnam or any other Port.
4. PROGRAMME AND PROGRESS OF WORK
4.1 The contractor shall submit to the CE within one month from the date of
commencement of works a detailed C.P.M. Schedule to be based on his preliminary
C.P.M. Schedule supplied with the tender and approved by the CE, showing in and
approved for the estimated dates of commencement and completion of the several
parts of the work including anticipated dates for delivery, erection etc of the various
sections of the work for this contract The details C.P.M. Schedule shall be updated by
the contractor every three months and six copies of these supplied to the CE.
4.2 The contractor shall submit to the CE on the first day of each week or such longer
period as the CE may from time to time direct, a progress report for the proceeding
period showing up-to-date progress and progress during the previous period on all
important items of each section of portion of the work, in relation to and in
consideration of detailed C.P.M. Schedule.
5. SURVEYS AND LEVELS TO BE AGREED:
5.1 Before the works of any part thereof begun, the Contractor’s agent and the CE’s
representative shall together survey and take levels of the site of the works both
above and below water level, and agree all particulars on which the measurements of
the works are to be based. Such particulars shall be plotted by the Contractor and
after agreement, the drawings shall be signed by the CE or his authorized
representative.
5.2 Failing such surveys and agreements being prepared and/or signed by the
contractor, the survey of the CE shall be final and binding on the Contractor.
5.3 The contractor shall be entirely responsible for the horizontal and vertical alignment,
the levels and correctness of every part of the work and shall rectify any errors or
imperfection therein. Such rectification shall be carried out by the contractor, at his
own cost.
6. SETTING OUT THE WORKS:
The Contractor shall be responsible for the true and proper setting out of the works
and for the correctness of the position, levels, dimensions and alignment of all parts of
the works and for the provision of all necessary instruments appliances and labour in
connection therewith. If at any time during the progress of the works any error shall
appear or arise in the position, levels, dimensions or alignment of any part of the
works, the contractor on being required so to do by the CE shall at his own expenses
rectify such error to the satisfaction of the CE unless such error is based on incorrect
data supplied in writing by the CE in which case the expenses of rectifying the same
shall be borne by the Board. The checking or any setting out or of any line or level by
the CE shall not in any way relieve the contractor of his responsibility for the
correctness thereof and the contractor shall carefully protect and preserve all bench-
marks, site nails, pegs and other things unused in setting out the works.
7. ORDER OF WORKS:
The order in which the works are to be carried out shall be to the approval of the CE
and shall be such as to suit the detailed method of construction, adopted by the
contractor as well as the CPM schedule. The works shall be carried out in such a
manner so as to enable the other contractors to work concurrently so that the entire
project may be brought into use immediately after the completion of works.
8. CO-ORDINATION AND INSPECTION OF WORKS:
The Co-ordination and inspection of the day-to-day work under the contract shall be
the responsibility of the CE. The written instructions regarding any particular work
will be normally passed by the CE. A work order book will be maintained by the
Contractor for each sector which aforesaid written instructions will be entered. These

51
 will be signed by the Contractor or his authorised representative by way of
acknowledgment within 12 hours.
9. CONTRACTOR’S TECHNICAL STAFFS.
The Contractor shall provide all necessary superintendence during the execution of
the works and as long thereafter as the CE may consider necessary for the proper
fulfilling of the contractor’s obligations under the Contract. The Contractor’s
representative approved by the CE is to be constantly present on the works and shall
give his whole time to the superintendence of the same and shall make himself
available whenever called for by the CE. If such approval shall be withdrawn by the
CE the Contractor shall as soon as practicable after receiving written notice of such
withdrawal; remove the agent from the site and shall not thereafter employ him again
on the site in any capacity and shall replace him by another agent approved by the
CE. Such authorized agent or representative shall receive on behalf of the Contractor
directions and instructions from the CE.
9.1 The names of training and experience of the Contractor’s agent or representative and
other supervisory site staff shall be submitted to the CE for approval before they are
appointed.
9.2 The Contractor shall provide and employ on the site in connection with the execution
and maintenance of work ;
a) Only such technical assistants as are skilled and experienced in their
respective calling and such sub-agent foremen and leading hands as are
competent to give proper supervision to the work they are required to
supervise, and
b) Such skilled, semi-skilled labour as is necessary for the proper and timely
execution and maintenance of the works.
9.3 The CE shall be at liberty to object to and require the contractor to remove forthwith
from the works any person employed by the contractor in or about the execution or
maintenance of the works who in the opinion of the Chief Engineer misconducts
himself or is incompetent or negligent in the proper performance of his duties or
whose employment is otherwise considered by the CE to be undesirable and such
person shall not be again employed upon the works without written permission of the
CE. Any person so removed from the works shall be replaced without delay by a
competent substitute approved by the CE.

10. WORK IN MONSOON:

The execution of the work shall continue in the monsoon also. The Contractor must
maintain sufficient labour force as may be required for the work and plant and execute
the construction according to the prescribed schedule. NO special rate will be
considered for such work in monsoon.
11. CONTRACTOR’S WORKING AREA:
11.1 The contractor would be given necessary working area as per requirement and
necessary rent will be paid by contractor. The contractor shall pay charges for this
area at the rates indicated in Annexure. The working are shall be jointly measured by
the department & contractor monthly and a report to this effect shall be produced to
the division office for recovery of ground rents. A suitable working programme shall
be furnished with the Tender. The decision of the Chief Engineer regarding allotment
of working area to different contractor shall be final and binding on the contractor.
11.2 The contractor shall remove all temporary works and clear the site at his cost to the
satisfaction of the Chief Engineer before the site is returned to the Port Trust.
11.3 The contractor shall provide fencing all round his working area and after completion
of the contract shall remove the same and restore and level the area to its original
profile to the satisfaction of CE.
12. TEMPORARY WORKS, OFFICE, ETC.
12.1 The contractor shall submit to the CE for his approval, drawings and proposals for any
temporary works such as batching plant, storage yard, office, store, false work and
temporary platforms, precasting yard, workshop, etc. which he intend to construct for
the execution of the contract and no such work shall be constructed before obtaining
the written approval of the CE.

52
12.2 The Contractor shall obtain permission for any temporary work and would ensure that
during execution of works the statutory requirements of the concerned authorities
such as Paradip Port Trust, Police, etc. would be compiled with.
12.3 Not less than one month before the date when the contractor intends to start erecting
any part of the temporary works and staging required for carrying out the works he
shall furnish to the CE complete drawings of that part of the temporary works and
staging. The contractor shall at the same time, if so required by the CE furnish
calculations in respect of such temporary works. The contractor shall also furnish to
the CE drawings showing the method proposed for the erection of the various parts of
the work. The furnishing to the CE any design for any temporary works and staging
shall not relieve the Contractor or any liability or obligation under the contract in
respect of such temporary works and staging. All temporary works shall remain the
property of the Contractor.

13. OPERATIONS OF THE BOARD AND OTHERS:

13.1 The ordinary business and works of the Board and others as carried out on and in the
vicinity of the site will be continued during the construction, completion and
maintenance of the works and the execution of the contract shall be conducted in such
a way as to avoid interference with traffic of every kind by land and by water and with
any other works in progress in vicinity.
13.2 The Contractor’s attention is drawn to the fact that other contractors employed by the
Board may be working in the vicinity.
13.3 The Contractor shall where so directed by the CE be required to work to other
contractor’s drawings where-so-ever drawings for work not included in this Contract
are related to particular details of works.
13.4 The Contractor shall from time to time as the CE may direct, provide attendance on
the other contractors and carry out minor works in connection with such contracts. The
cost of provision of such attendance and work as may be so required will be charged
to the appropriate provisional sum in the Bill of Quantities.
14. PORT TRUST RULES:
14.1 The Contractor shall observe the conservancy rules relating to the Harbour and shall
always take such necessary additional steps to keep the harbour waters free of
noxious or unhygienic matters coming from his works as are required by the Board.
Under no circumstances shall inflammable material be allowed to spill to the Harbour
area.
14.2 The Contractor shall always observe and comply with the working rules and
regulations of the Port Trust in force or as issued from time to time.
15. EXISTING SERVICES:
15.1 Drains, pipes, cables, overhead-wires and similar services encountered in the course
of the work shall be guarded from injury by the Contractor at his own cost, so that may
continue in full and uninterrupted use to the satisfaction of the owners thereof, or
otherwise occupy any part of the site in a manner likely to hinder the operation of such
services.
15.2 Should any damage be done by the Contractor to any mains pipes, cables or lines
(whether above or below ground). Whether or not & shown on the drawings the
Contractor must make good or bear the cost of making good the same without delay to
the satisfaction of the CE of the owners.
16. ENTRY ON PRIVATE OR OTHER PROPERTY:
The Contractor shall not enter upon or commence any work in or upon, across or
through any land, building or place being private property until authorised in writing
by the CE or other competent authority to do so.
17. NOTICE OF OPERATIONS:
No important operations shall be commenced nor shall work outside the usual
working hours be carried out without the consent of the CE in writing or without full
and complete notice also in writing being given to him.

53
18. SECURITY AND SAFETY:
18.1 The Contractor shall comply with all regulations imposed by the customs and Paradip
Port Security Authorities in respect of the passage of Plant, Vehicles, materials and
personnel through Customs and Port barriers.
18.2 The Contractor shall take all possible precaution to prevent out breaks of fire on the
site and in all offices, stores, camps and other places and things connected therewith
and especially with respect to the safe storage of petroleum products, explosives and
all other dangerous of hazardous goods. He shall comply with all rules, regulations
and orders of any statutory Authority and of the CE at no extra cost to the Board.
18.3 The Contractor shall obtain from the Board details of any restricted areas in or around
the site and shall have prominently and clearly displayed for the information of his
staff and work people notices defining any such restricted areas. Such notices shall be
provided at his own expenses.
18.4 The Contractor shall give every facility to the authorised safety officers of the Board to
inspect the works whensoever required, and shall observed and abide by any
instructions given by the CE in regard to the use of Plant, equipment and temporary
works in respect of General Safety. Compliance with such requirement shall not be
used as the basis of a claim against the board.
18.5 The Contractor shall at his own expenses provide and maintain upon the works to the
satisfaction of the CE sufficient proper and efficient life-saving and First-Aid
appliances which shall at all times be available for use.
The Contractor will be required to take entry passes to the restricted area of Port for
all personnel, labourers and vehicle. No claim whatsoever on this account will be
entertained.
19. LAW GOVERNING CONTRACT:
The Contract shall be interpreted and have effect in accordance with the Law of India
and no suit or other proceeding relating to this Contract shall be filed or taken by the
contractor in any court of Law except in Kujang Court.
20. JOINT MEASUREMENT OF EXTRAS:
20.1 In the event of the Contractor having to execute any work or provide any material in
regard to which he may propose to claim extras, he shall immediately notify the CE in
writing and shall at once make arrangements to take the measurements of the said
work or materials with the CE.
20.2 If these measurements are not taken jointly and booked and agreed at the time the
work is being executed, the Contractor’s measurements will not after words be
recognized by the CE.
20.3. The fact of such joint measurement having been made will in no way commit the CE to
a recognition of the claim if he considers such claim without foundation. The CE shall
at all times have full access to Contractor’s time book and may daily, check the time of
any extra works with the Contractor’s time keeper or otherwise but the fact of his
agreeing upon any time shall in no way bind the CE to value the work other than by
measurement if he thinks fit so to do.
21. DEFECTS PRIOR TO TAKING OVER.
21.1 If at any time before the works are taken over, the CE shall decide that any work done
or materials used by the contractor or any subcontractor is or are defective, or not in
accordance with the contract or that the works or any portion thereof are defective, or
not in accordance with the Contract or that the works or any portion thereof are
defective, or do not fulfill the requirements of contract (all such matters being
hereinafter called “Defects” in this clause) and as soon as reasonably practicable,
give to the contractor notice in writing or the said decision specifying particulars of
the defects alleged to exist or to have occurred, then the Contractor shall at his own
expense and with all speeds make good the defects so specified.
21.2 In case the Contractor shall fail to do so, the CE may take, at the cost of the Contractor
such steps as may in all circumstances be responsible to make good such defects, The
expenditure so incurred by the Board will be recovered from the amount due to the

54
 Contractor. The decision of the CE with regard to the amount to be recovered from the
contractor will be final and binding on the contractor.
21.3 As soon as the works have been completed in accordance with the contract (except in
minor respect that do not affect their use for the purpose of which they are intended
and except from maintenance thereof provided in relevant clause of General
Conditions of Contract thereof provided in relevant clause of General Conditions of
Contract and have passed the tests on completion) the CE shall issue a certificate
(hereinafter called completion certificate) in which he shall certify the date on which
the work have been so completed and have passes the said test and the Board shall be
deemed to have taken over the works on the date so certified. If the works have been
divided into various groups in the contract the Board shall be entitled to take over any
group or groups before the other or others and thereupon the CE or his certificate in
respect thereof.
21.4 If any reason or any default on the part of the contractor a completion certificate has
not been issued in respect of every portion of the works within one month after the
date fixed by the contract for the completion of the works, on any portion thereof in
respect of which a completion certificate has not been issued, provided that the works
or the portion thereof, so used as aforesaid shall be reasonably capable of being used
and that the contractor shall be afforded reasonable opportunity for completing these
works for the issue of completion certificate.
22. POSSESSION PRIOR TO COMPLETION:
The CE shall have the right to take possession of or use any completed or partially
completed work or part of the work. Such possession or use shall not deem to be an
acceptance of any work completion in accordance with the contract agreement. If such
prior possession or use by the CE delays the progress of work, on equitable
adjustment in the time of completion will be made and the contract agreement shall be
deemed to be modified accordingly.
23. COMPLETION DOCUMENTS:
As soon as in the opinion of the CE the works shall have been substantially completed
and shall have satisfactorily passed any final test that may be prescribed by the
contract, the CE shall on receiving a written undertaking by the Contractor to finish
any outstanding work during the period of Maintenance issue to the Board (with a
copy to the Contractor) a Certificate of completion in respect of the works and the
period of Maintenance of the Works shall commence from the date of such certificate.
Provided that the CE may give such a certificate with respect to any part of the Works
before the completion of the whole of the Works and shall upon the written application
of the contractor give such certificate with respect to any substantial part of the works
which has been both completed to the satisfaction of the CE and occupied or used by
the Paradip Port Trust & when any such certificate is given in respect of a part of the
Works such part shall be considered as completed and the period of Maintenance of
such part shall commence from the date of such certificate. Provided also that a
certificate of completion given in accordance with the foregoing provisions of any part
of the works occupied and used as aforesaid shall not be deemed to certify
completion of any ground or surface requiring reinstatement unless such certificate
shall expressly so state.

24. WATER AND POWER SUPPLY:

24.1 WATER SUPPLY :
The Board may supply the contractor with reasonable quantity of fresh water at one
point near the site.
Water to the extent possible will be made available by the Port Trust. The connection
and extension to the working area shall be arranged by the contractor at his own cost.
The contractor shall also provide a water meter at his cost for metering the quantity of
water used. Charges for the consumption of the water will be paid by the contractor at
the applicable rates indicated in Annexure and as per charges fixed from time to time
by Port water supply division.

55
24.2 ELECTRICITY SUPPLY : The Board may supply the contractor with electricity at the
site of the contractor’s working area at one point. The Contractor will be required to
pay for the electricity he used at rates in force during the contract period, PPT does
not guarantee the continuity of power supply. In the event of power failure, the
contractor shall be required to make its own arrangement for the provision of Electric
Power.
Drawing of power lines etc. from the point of supply of power by the Trust Board to the
actual work spot shall be arranged by the contractor at his own cost. Temporary lines
and connections by the contractor shall be approved by the authorized Agencies
before drawing the power. The contractor shall indicate his requirement of power to
the CE at the time of tendering.
The contractor shall pay the Electricity charges as per charges fixed from time to time
by Port electrical division.
Tariff subject to revision with Revision of CESCO Tariff rate.

25. ABNORMAL RATES :

The Contractor is expected to quote rate for each item after careful analysis of cost
involved for the performance of the completed item considering all specifications and
conditions of contract. In case it is noticed that the rates quoted by the tenderer for
any item are unusually high or unusually low, it will be sufficient cases for the rejection
of the tender unless the CE is convinced about the reasonableness of the rates. For
scrutiny the analysis for such rate is to be furnished by the tenderer on demand.
26. DISPUTE IN MODE OF MEASUREMENT :
In case of any dispute as to the mode of measurement not covered by the contract to
be adopted for any item of work, mode of measurement as per relevant Indian
Standard Specification (Latest revision) shall be followed.
27. LIABILITY AND GUARANTEES:
27.1 The Contractor is responsible to carry out works as per specifications.
27.2 Of the Contractor feels that any variation in work or in quality of materials or
proportions would beneficial he shall bring this to the notice of CE in writing.
27.3 The work will not be considered as complete and taken over by the Board until all the
temporary work labour and staff colonies etc. constructed by Contractor are removed
and work site cleaned to the satisfaction of CE.
28. CONTRACT SUPERSEDES PREVIOUS DOCUMENTS:
The Contractor shall have no right to any increase in the rates in the Bill of Quantities
nor any other right whatsoever by reason of any representative explanation or
statement or alleged representative explanation or statement made or by reason of
any information promise or guarantee given or alleged to have been given to him by
any person (whether in the employment of the Board or not) before the date of the
contract embodies the whole arrangements between the parties with reference to the
contract hereby constituted and all previous, correspondence/ negotiation/
representations/ explanations/ statements/ promises or guarantee whether oral or
written shall be excluded.
29. BRIBES AND COMMISSION:
Any bribe, commission, gift or advantage given, promised or offered by or on behalf
of the contractor or his or their behalf to any officer, servant, representative or agent
of the CE or to any person on his behalf in relation to the obtaining or to be execution
of this or any other contract with the Board shall in addition to any criminal liability
which he may incur subject the contractor to the cancellation of this and all other
contracts with the Board and also to the payment of any loss or damage resulting from
any such cancellation. And the Board shall be entitled to deduct the amounts so
payable from any money otherwise due to the contractor under this or any other
contract. Any question or disputes as to the commission of any offence under the
present clause shall be settled by the CE in such a manner and on such evidence or

56
 information as he shall think fit and consider sufficient and his decision shall be final
and conclusive.
30. PHOTOGRAPHY :
The Contractor shall supply well executed photographs of 8”x 6” size at least 20 Nos.
per month showing the progress of the woks and also such other particular portions of
the works on his/her own cost.
31. PUBLICITY:
No information or photographs concerning the works maybe published without the
permission of the CE and drafts of all such proposed publications shall be forwarded
to him for his approval.

57
 APPENDICES

TABLE OF CONTENTS

APPENDIX TITLE PAGE No.

I PROFORMA OF AGREEMENT. 58-59

II (a) FORM OF BANK GUARANTEE. 60

(b) DETAILED INFORMATION ABOUT BANK 61

GUARANTEE.
III FORM FOR PRELIMINARY CERTIFICATE OF 62
COMPLETION.
IV FORM FOR FINAL COMPLETION. 63
V FORM FOR REFUND OF EMD. 64

58
 APPENDIX-I

NOTES: The Appendix forms part of the Tender. Tenderers are required to be fill up
all the black spaces in this Tender Form and Appendix.

PROFORMA OF AGREEMENT
Gentlemen,

THIS AGREEMENT made this ………………… day of ……....... two thousand Eighteen
BETWEEN the Board of Trustees of the Port of Paradip, a body corporate under the Major
Port Trusts Act 38, of 1963 (hereinafter called the ‘BOARD’ which expression shall unless
excluded by or repugnant to the context, be deemed to include their successors in office) of
the part AND Messrs……………………………………………………………………………………...
(hereinafter called the ‘CONTRACTOR’ which expression shall unless excluded by, or
repugnant to the context, be deemed to include his heirs, executors, administrators,
representatives and assigns of successors in office) of the other part.

WHEREAS the Board is desirous of executing the works comprising

……………………………………………………………………………….... whereas the Contractor
has offered to execute, complete and maintain such works till handing over to the Board and
whereas the Board has accepted the tender of the contractor and whereas the contractor has
agreed to deposit as security cash, Government Securities, Bank Guarantee, Bank deposits
or other Securities approved by the Board to the extent of
……………………………………………… of contract price as Security for the due fulfillment of
all the conditions of this contract.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS.

1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement viz.
a) Form of Sub-letting.
b) Schedule of Quantities and rates.
c) Schedule showing the list of correspondence and notes of discussions culminating in
the finalization of this agreement.
d) General Conditions of Contract.
e) Special Conditions of Contract.
f) Schedule of Drawing and chart.
3. The contractor hereby covenants with the Board to execute, complete and
maintain the ‘Work’ in conformity, in all respects with the provision of the
Agreement/contract.

4. The date of commencement & completion is ……… and ……… respectively

vide Work Order No…………………… Date: ………………

59
5. The Contractor hereby covenants with the Board to execute, complete and maintain
the works………. ….. from the date of commencement. The maintenance period of
the work is (1) one year.

6. The Board hereby covenants to pay to the contractor in consideration of such

construction, completion and maintenance of the works, the Contract Price at the
terms and in the manner prescribed in the Contract/Agreement.

IN WITNESS WHERE OF THE parties hereunto have set their hands and scales the
day and year first above written. The Common seal of the Board of Trustees of the
Port of Paradip was hereunto affixed and Sri ___________________________ the Chief
Engineer thereof has hereunto set his hand in the presence of.

CHIEF ENGINEER,
PARADIP PORT TRUST.

Witness: 1)

2)

Signed & sealed by the Contractor

in the present of:
SIGNATURE OF THE CONTRACTOR.
Witness: 1)
(With address)

2)

60
 APPENDIX-II

BANK GUARANTEE FORMAT FOR _________________________________________

Ref : Name of the Work : ________________________________________________________

T.C.N No.__________________________________________________ date: ______________
WHEREAS _______________________________________________________ (herein after
called “the Bidder”) has/have submitted his/their bid dated ________________ for
___________________________________________________ (herein after called “the Bid”).
KNOWN ALL MEN by these presents that we ________________________________
_________________ of ______________________________ having our registered office at
_______________________________ (hereinafter called “the Bank”) are bound onto Paradip
Port Trust (hereinafter called Paradip Port Trust) in the sum of Rs.__________________
(Rupees _________________________________________________) only, for which payment will
and truly to be made to the said purchaser, the Bank binds itself, its successors and assigns,
by these presents. Sealed with the Common Seal of the Bank this _______________ day of
___________20______.
THE CONDITIONS under which the EMD shall be forfeited are as under :
1. If the documents submitted by a bidder proves to be fake at any point of time during
execution of work.
2. If the Bidder adopts corrupt or fraudulent practices and try to influence the Department
during tender processing.
3. In case of a successful Bidder, if the Bidder fails to Sign the Agreement or to deposit the
ISD within the specified time limit.
We undertake to pay to Paradip Port Trust the above amount, according to and upon
receipt of their first written demand, without Paradip Port Trust having to substantiate their
demand, provided that in their demand Paradip Port Trust will note that the amount claimed
by them is due to them owing to the occurrence of any one or all of the above stated
conditions, specifying the occurred condition or conditions.
This Bank Guarantee shall be payable on submission of a request letter for
revocation at ___________________________________________ Branch with Code No. ________
at Paradip in case there is a Branch at Paradip and in case there is no Branch at Paradip,
then at a Branch nearest to Paradip strictly following the guidelines issued by RBI from time
to time. (The detailed Postal Address of the Branch of the Bank where the BG can be
encashed is to be mentioned).
THIS GUARANTEE will remain in force upto and including Dt.___________ and any
demand in respect thereof should reach the Bank not later than such date.
The above reference (TCN No.) must be used for all correspondences on this Bank
Guarantee.

(Name of the Bank)

By _______________
Title
Authorised Representative
(Signature of Witness)
Name & Address of witness:

61
 DETAILED INFORMATION ABOUT BANK GUARANTEE
a) The Bank Guarantee (BG) must be issued by a scheduled Bank. If the issuing Bank has
a branch at Paradip, then it has to ensure that the BG can be encashed at Paradip only.
In case the issuing Bank does not have a Branch at Paradip, it has to ensure that the BG
can be encashed at the nearest possible branch of the bank to Paradip. The issuing
Branch of the bank must ensure that the BG is encashed immediately on invocation
without any delay and demur. In encashing the BG the bank must strictly adhere to the
RBI Guidelines issued from time to time. The issuing Branch of the bank must clearly
mention the complete address of the Branch where the BG can be encashed when
required.
b) The original BG should be sent by the issuing Branch of the bank to the beneficiary
directly under Registered Post/Speed Post/Courier cover with Acknowledgement. In
exceptional cases only, where the BG is handed over to the customer for any genuine
reasons, the issuing Branch of the bank should immediately send an unstamped
duplicate copy of the BG by Registered Post/Speed Post/Courier to the beneficiary
with a covering letter requesting the beneficiary to compare the original BG received
from the customer and conform that it is in order.
c) One officer should be specially designated by respective department with the
responsibility for verification timely renewal and timely encashment of B.Gs.
d) In this regard, the revised BG format is enclosed and the same is to be made as a part
of the Tender Document being issued henceforth. Also, in the case of tenders already
floated where the leftover time for submission of offer is 7 days or more, necessary
corrigendum may be issued to incorporate the new BG format. In all other cases the
existing practice is to be followed.
Further, if any deviation I the BG submitted by the participant is noticed when
compared to the format made available in the tender, the offer is not to be considered.

62
 APPENDIX –III

FORM FOR PRELIMINARY CERTIFICATE OF COMPLETION

TO
M/s._____________________________
_________________________________
_________________________________

PRELIMINARY CERTIFICATE OF COMPLETION

Dear Sirs,

This is to certify that the following work :

Name of works :
Allocation:
Contract No.
Resolution.:
And. :
Meeting No.:
Which was carried out by you, is in the opinion of Engineer is complete in every respect on
the ____________________________________________________ in connection with the terms of
the contract and you are to maintain the work in connection with the terms of the contract
and you are to maintain the work in accordance with the Conditions of contract for a period
of _____________________ months _______________________ from the _____________________
20________ To ______________ 20 _______.

Yours faithfully,

CHIEF ENGINEER,
PARADIP PORT TRUST.

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 APPENDIX –IV
FORM FOR FINAL COMPLETION

TO

M/s._____________________________
_________________________________
_________________________________

CERTIFICATE OF FINAL COMPLETION

Dear Sirs,

This is to certify that the following work VIZ.

Name of works :
Contract No.
Resolution.:

Which was carried out by M/s ________________________________________________________

is now complete in every respect in accordance with the terms of the contract and that all
the obligations under the contract have been duly fulfilled by the Contractor.

Yours faithfully,

CHIEF ENGINEER,
PARADIP PORT TRUST.

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 FORM FOR REFUND OF EARNEST MONEY DEPOSIT

1. Name of the Contractor :

2. Name of the work :

3. Bank Acknowledgement with other :

details.

4. Reasons for the refund :

5. Amount of the E.M.D. : Rs.

(Rupees …………………………..
…………………………………..)

Passed for Rs…………………………………………………………………………………

only.

Executive Engineer,
Planning Division
Paradip Port Trust.

Received Rs………………….……….
(Rupees …………………………………………………………………………………………)
only.

Signature of the Contractor

With full Address
(Affix a revenue stamp)

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 TECHINICAL SPECIFICATION
1.0 These specifications establish and define the Material and constructional requirements
for Civil and Structural works.
2.0 Methods of Measurements are indicated in these specifications. Where not so
specified, latest version of IS : 1200 shall be applicable.
3.0 Providing and operating necessary Measuring and Testing devices and Materials
including all consumable are included in the scope of work. No separate Measurement
or payment for testing the work shall be made but rates quoted for various items shall
be deemed to include the cost of such tests which are required to ensure achievement
of specific quality.
4.0 Wherever referred to in this Tender Document, only the latest revision which shall be
in force till the completion of work of specifications, codes of practice and other
publications of the Bureau of Indian Standards shall be applicable.
5.0 In case of conflict amongst the provisions of Schedule of Rates, Specifications and
Drawings, all of them shall be read in conjunction with each other and clarification shall
be obtained from the CE whose decision shall be final and binding.
6.0 MATERIALS.
6.1 INDIAN STANDARDS.
All materials shall, as far as possible, be of Indian Origin and conform to the latest
additions of the Indian Standards. Standard issued elsewhere may be used only if
approved by the CE and for these materials only for which appropriate Indian
standards do not exist.
6.2 STORAGE OF MATERIALS.
All the materials used in the permanent works shall be properly stored to prevent
deterioration or damage from any causes whatsoever to the entire satisfaction of the
CE.
7.0 CONSTRUCTION SCHEDULE:
The contractor shall furnish a detailed construction schedule to complete the work
within a period of 09 (Nine) months as mentioned in the tender within one month of the
acceptance of his tender.
8.0 TOOLS AND PLANTS:
The contractor shall employ on the work sufficient number of Tools, Plants, machinery
etc. for the timely completion of the work.
9.0 DRAWINGS:
All the working drawing shall be provided by the department free of cost.
10. STANDARDS & METHODS OF MEASUREMENTS :
The work shall conform to latest edition of the Indian Standard specifications.
Any part of the work not covered by the Standards shall conform to the relevant Indian
Standards. Where Indian Standards are not available, the foreign Standard such as
British, American, German, etc. as accepted by CE shall be allowed.
11. LIKELY SOURCES OF AGGREGATES:
11.1 The source of fine aggregate is near Cuttack at a distance of about 100 Kms. from the
work site and the materials can be brought by the road transport. Sand quality should
conform to Zone-II as recommended in IS 383.
11.2 The Coarse aggregate can be obtained from the Haridaspur Quarry located at a
distance of about 100 Kms. from the Port and is connected by road.

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11.3 The Contractor shall check the sources, quality of material the availability,
transportation etc. before tendering the work.

BILL OF QUANTITIES
1. GENERAL INSTRUCTION:
1.1 This Bill of Quantities must be read with the drawings conditions of Contract and the
Specifications and the contractor shall be deemed to have examined the Drawings,
specifications, conditions of contract and to have acquainted himself with the detailed
description of the works to be done and the way in which they are to be carried out.
1.2 Notwithstanding that the work has been sectionalized every part of it shall be deemed
to be supplementary to and complementary to every other part and shall be read with it
or into it so far as it may be practicable to do so.
1.3 The detailed description of work and materials given in the specifications are not
necessarily repeated in the Bill of Quantities.
1.4 The quantities given in the Bill of Quantities are approximate only and are given to
provide a common base for tendering. Payment will be made according to the actual
quantities of work indicated on the drawings or ordered and carried out as measured
by the Chief Engineer and valued at the rates and prices quoted in the Bill of Quantities
so long as the total cost of works does not vary from the contract price by + twenty five
percent (25%). Any increase or decrease in the individual item shall not form the basis
for alteration of the rates quoted and accepted.
2. RATES AND PRICES TO BE INCLUSIVE:
2.1 Rates and prices set against items are to be the full inclusive value of the finished work
shown on the drawings/ and or described in the Specifications and condition of
contract. The rates shall include all elements of costs and expenses, which may be
required in and for completion of work as specified together with all costs and
expenses in complying with all general risks, liability and obligations together with
every contingent cost and charge whatsoever as set forth in the contract documents,
including (but not by way of limitation) all plant, machinery and appliances labour and
other dues, establishment charges including those from various statutory authorities,
rents, taxes, insurance, testing charges of different materials, supervision and overhead
charges, profits, incidental expenses if any and also include stoppage of work. The
rates shall be inclusive of every kind of temporary work executed or used in
connection with proper completion of permanent works (except those items in respect
of which provision has been separately made in the Bill of Quantities) and all such
works as necessary for proper completion and maintenance of the works.
2.2 The rates are intended to cover the supply of material including transport to site of
works and the execution of all works necessary to complete the work. Should there be
any details of construction of materials which have not been referred to in the
specifications or in the Bill of Quantities and drawings but the necessity for which may
be reasonably be implied and inferred there from or which are usual or essential to the
completion of the all works in all trades, the same shall be deemed to be included in
the rates and prices named by the contractor in the Bill of Quantities. The rates and
prices are to cover the item as described in the Bill of Quantities and if there is
inconsistency between the Bill of Quantities, Specifications or Drawings, the description
in the Bill of Quantities shall prevail.
2.3 Each individual item in the Bill of Quantities is to be priced. If any items are not priced,
it is to be indicated under which item or items the value of the work has been included.
Items, the Prices of which are the same shall not be bracketed. If the contractor omits to
price an item, the cost of the work of such item will be held to be spread over and
included in the prices given for other items. He shall not mark items “included” when
the rate is asked for.
3. SUBSTITUTION:

67
 If substitution found necessary at the time of execution for some items of work
submitted by the Contractor and agreed to by the Chief Engineer, the specifications for
the materials used, if not covered under the other items shall be as specified by the
Chief Engineer and the mode of measurement shall also be desired by the Chief
Engineer.

OTHER IMPORTANT INFORMATIONS :

1. The bill of quantities shall be read in conjunction with the tender documents including
Notice Inviting Tender, Instruction to the Tenderers, Conditions of Contract, Technical
Specifications, Drawings etc.
2. The quantities given in the bill of quantities are estimated quantities for works and they
are not to be taken as actual and correct quantities of the works to be executed by the
contractor in fulfillment of his obligation. The individual quantities may vary up to 50%
whereas the overall cost may be limited to 25%.
3. Descriptions given in the items are not exhaustive and the contractor’s rate should be
inclusive for finished item of work and completed in all respect as per the item of work
and also it’s specification.
4. The contractor shall have to pay a sum of Rs.500.00 (Rupees five hundred) towards the
cost of a certified copy of agreement.
5. All the quantities mentioned in the schedule are combined for all works unless
otherwise specified.
6. The tender is valid for SIX months. However the tenderers may specify their validity
not less than six months from the date of opening of tender.
7. The contractor should at all times, during execution of work, keep Paradip Port Trust
indemnified against all loses/expenses etc. on account of compensation payable to the
contractors workers, cost of any law suit etc. and the contractor shall have to bear all
such expenses.
8. The contractor shall at his own cost provide all materials required for the work. All
materials to be provided by the contractor shall be conformity with the specification
laid down in the contract and the contractor shall if required furnish the proof
regarding the specification at his own cost to the Engineer-in-charge.
9. The contractor shall have to use own equipment for the execution of the work.
10. Steel, Cement and all other materials required for the work shall be supplied by the
contractor at his own cost confirming to latest BIS Code. Reinforcement confirming to
Fe-500 shall only be used.
11. OPC/PSC cement of RAMCO /Ultra Tech /ACC/ Mahashakti brand of 50 kg. per bag
shall be used for the work.
12. No mobilization & demobilization charges for any plant/machineries is
payable under this contract.

68
 ANNEXURE
SCHEDULE OF PORT TRUST RECOVERY RATES.

NAME OF MATERIALS RECOVERY RATE

1. Water (a) @ Rs.32.00 (Rupees Thirty two) only per
each MT on metering basis.

(b) @ Rs.4,680/- (Rupees Four thousand six

hundred eighty) only per month if ferrule
connection is provided.
2. Power (Electricity) Rate/ Unit will be as per prevailing rate and as per
charges fixed by PPT from time to time.
3. GST GST would be applicable @ 18% for works contract
and will be paid extra.
4. Income Tax @ 2% in case of Firm and 1% in case of individual.
5. Ground Rent As fixed from time to time by the Estate Wing/
Traffic Department of Paradip Port.
6. e-Payment charges Rs.100/- if the net payable amount is more than
Rs.5.00 lakh otherwise it is Rs.50/- per Bill.

 NB: The rates are subject to change from time to time as approved by Paradip
Port or the appropriate Authority.

Signature of the tenderer

with full address

**************************

Signature Not Verified

Digitally signed by SANGRAM KESHARI
SAMAL
Date: 2020.03.19 16:45:39 IST
Location: eProcure-EPROC
69