SECTION – B

FORM –I
PRE-QUALIFICATION APPLICATION
To
The Executive Engineer
Bidhannagar Municipal Corporation.

Ref: - Tender
For _____________________________________________________________________________________________
__________________________________________ (Name of work) ________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_______________________

N.I. T. No.:

Dear Sir,
Having examined the Statutory, Non statutory and NIT documents, I /we hereby submit all the necessary information and
relevant documents for evaluation. The application is made by me / we on behalf of_________________________
____________________________________in the capacity ___________________________________________ duly
authorized to submit the order.

The necessary evidence admissible by law in respect of authority assigned to us on behalf of the group of firms for
Application and for completion of the contract documents is attached herewith.

We are interested in bidding for the work(s) given in Enclosure to this letter. We understand that:

(a) Tender Inviting and Accepting Authority/Engineer-in-Charge can amend the scope and value of
the contract bid under this project.

(b) Tender Inviting and Accepting Authority/Engineer-in-Charge reserves the right to reject any application without
assigning any reason.

Enclose: - e-Filling:-
1. Statutory Documents
2. Non Statutory Documents

Date: - Signature of applicant including title

and capacity in which application is made.

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 SECTION – B
Form – II
FINANCIAL STATEMENT

B.1 Name of Applicant:

B.2 Summary of assets and liabilities on the basis of the audited financial statement of the last five financial years.
(Attach copies of the audited financial statement of the last five financial years)

1st Year 2nd Year (Rs. 3rd Year 4th Year 5th Year
(Rs. In lakh) In lakh) (Rs. In lakh) (Rs. In lakh) (Rs. In lakh)

a) Current Assets :
(It should not include investment in any other firm)
b) Current liabilities :
(It should include bank over draft)
c) Working capital :
(a) – (b)
d) Net worth :
(Proprietors Capital or Partners Capital or Paid up
Capital + Reserve and surplus )

e) Bank loan/ Guarantee :

(As per clause G.2. with all sub clauses)

B.3 Annual value of construction works undertaken :

Work in hand i.e. Work As on As on As on As on As on As on
order issued 31.03.2014 31.03.2013 31.03.2012 31.03.2011 31.3.2010 31.03.2009

Signed by an authorized officer of the firm

____________________________________

Title of the officer

_____________________________________

Name of the Firm with Seal

Date : __________________

2|Page
 AFFIDAVIT“Y”
Declaration of the Bidder

(Affidavit to be affirmed on a Non Judicial Stamp Paper of Appropriate Value and Duly Notarized)

I, ………………………………………………..…………………..…, son of ……………….………………………………...

……………………………………………..……………………….…, aged………………………..… years by occupation
…………………………………………. do hereby solemnly affirm and confirm as follow:

1. That, I am the ……………………………………………… of ………………………………………………… have

duly authorized by and competent to affirm this affidavit on behalf of the said Bidder.

2. That, I have inspected the site of work covered under NIT No……………………………………….. circulated
through Office memo and have made myself fully acquainted with the site conditions existing level/proposed
level and local conditions in and around the site of work. I have also carefully and meticulously gone through
the Bid documents. Bid of the above named Bidder is offered and submitted upon due consideration of all factors
and if the same is accepted, I on and for behalf of the aforesaid Bidder, being lawfully and duly authorized,
promise to abide by all the covenants, conditions and stipulations of the Contractual documents and to carry
out, complete the works to the satisfaction of the Bid accepting Authority of the Work and abide by all
instructions as may given by the Engineer in Charge of the work time to time. I also hereby undertake to abide by
the provisions of Law including the provisions of Contract Labour (Regulation & Abolition) Act, Apprentice
Act 1961, West Bengal Sales Tax Act, GST Registration Act, Income Tax Act to the Contractor upon entering
into formal Contract/ agreement with the Bid Inviting/Accepting authority.

3. That I declare that, no relevant information as required to be furnished by the Bidder has been suppressed in the
Bid documents.

4. That the statement above made by me is true to my knowledge.

Deponent
Solemnly affirmed by the said
…………………………………………………….

Before me.
……………………………………………………..
(1st class Judicial Magistrate / Notary Public)

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 SECTION - B
FORM- III
STRUCTURE AND ORGANISATION

A.1 Name of Applicant:

A.2 Office Address:

Telephone No. and Cell Phone No. :

Fax No. : E mail ID:

A.3 Attach an organization chart showing the structure of the company with names of Key personnel and technical staff with
Bio-data. :

Note: Application covers Proprietary Firm, Partnership, Limited Company or Corporation,

Signature of applicant including title

and capacity in which application is made.

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 FORM – IV
C. DEPLOYMENT OF MACHINERIES (in favour of owner / lessee):-

(Original document of own possession arranged through lease deed to be annexed)

(If engaged before Certificate from E.I.C. to be annexed in respect of anticipated dated of release of Machineries.)

Name of Machine/ Make Type Capacity Motor / Machine Possession Status Date of release
Instrument Engine No. If Engaged
No.
Idle Engaged

For each item of equipment the application should attach copies of

(i) Document showing proof of full payment, (ii) Receipt of Delivery, (iii) Road Challan from Factory to
delivery spot, is to be furnished.

Signature of applicant including title

and capacit y in which application is made.

5|Page
c)

Bidhannagar Municipal Corporation

ITEM RATE TENDER AND CONTRACT FOR WORKS

CONDITIONS OF CONTRACT
Earnestmoney & Calcu-
Clause 1 - Ever person submitting a tender at the time of such submission deposit lated at 2 the estimated
eamest mone\ calculated at 2 of the estimated amount put to tender by a bank draft amount put to tender al
draws on a local public sector rank in favour of Bidhannagar Municipal time of submission of ten-
Corporation. 8 of the tender amount will be deducted from the 1 st running bill as der Security deposit will
security deposit. Total Security deposit thus need 10 (2 eamest money + 8 security be 10 inclusive of ear-
nest money
deposit deducted from
1st RA Bill). Compersation for delay
Clause 2 --'- The time allowed for carrying out the work as entered in the tender
shall be strictly observed by the contractor and shall be reckoned from the date on which
the order to commence work is given to the contractor. The work shall throughout the
stipulated period of the contract be proceeded with all due deligence (time being deemed
to be the essence of the contract, on the part of the contractor) and the contractor shall
pay as compensation an amount equal to one per cent or such smaller amount as the
•
Authority (whose decision in writing shall be final) may decide, on the amount of the
tendered amount of the whole work shown by the tender for every day that the work
remains uncommenced. or unfinished of the tendered amount after the proper dates. The
contractor shall commence execution of such part of the work as may be notified to him
within ....days from the date of order for commencement of work and diligently continue
such work and further to ensure good progress during the execution of the work he shall
be bound in all cases in which the time allowed for any work exceeds one month, to
complete one-fourth of the whole of the work before one-fourth of the whole time
allowed under the contract has elapsed one-half of the work, before one-half of such time
has elapsed. In the event of the contractor failing to comply with any of the condition
herein he shall be liable to pay as compensation an amount equal to one percent or such
smaller amount as the (whose decision in writing shall be final may decide on the said
tendered amount of the whole work for every day that the due quantity of work remains
incomplete PROVIDED ALWAYS that the entire amount of compensation to be paid
under the provisions of this clause shall not exceed ten percent amount of. the tendered
amount of the work as shown in the tender.
Clause 3 - In any case in which under any clause or clauses of this contract the
contractor shall have rendered himself liable to pay compensation amounting to the whole
 [ 4 ]
of his security deposit (whether paid in one sum or deducted by instalments) the Executive
Engineer on behalf of the .Bidhannagar Municipal Corporation shall have power to adopt
any of the following courses as he may deem best suited the interest of Bidhannagar
Municipal Corporation.

Action when whole of a) To rescind the contract (of which rescission notice in writing to the contractor
security . deposit is under the hand of the Executive Engineer shall be conclusive evidence) and in
forfeited. which case the security deposit of the contractor shall stand forfeited and be
absolutely at the disposal of Authority.

b) To employ labour paid by the Departments and to supply materials to carry out
the work or any part of the work, debiting the contractor with the cost of the
labour and the price of the materials (of the amount of which cost and price
certificate of the Executive Engineer shall be final and conclusive against the
contractor) and crediting him with the value of the work done, in all respects
in the same manner and at the same rates as if it had been carried out by the
contractor under the terms of his contract the certificate of the Executive
Engineer as to the value of the work done shall be final and conclusive against
the contractor.

d) 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 (the amount of which excess the certificate in
writing of the Executive Engineer 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 Authority under the contract or otherwise or from his security deposit
or the proceeds of sale thereof, or a sufficient part thereof.

In the event of any of the above courses being adopted by the Executive Engineer
the contractor shall have no claim to compensation for any loss sustained by him by
reason of his having purchased or procured any materials or entered into any engagement
or made any advances on account of, or with a view to the execution of the work or
Contractor remains liable
the performance of the contract. And in case the contract shall be rescinded under the
to pay compensation, if provision, aforesaid the contractor shall not be entitled to recover or be paid any sum for
action not taken under any work theretofore actually performed under this contract, unless and until the Assistant
Clause 3. Engineer/Executive Engineer Office will have certified in writing the performance of such
and the value payable in respect thereof, and he shall only be entitled to be paid the value
so certified.

Clause 4 - In any case in which any of the powers, conferred upon the Executive
Power to take possession
of or require removal of or Engineer by clause 3 hereof, shall have become exercisable and the same shall not be
sell contractor's plant. exercised the non-exercise thereof shall not constitute a waiver of any of the conditions
hereof and such powers shall notwithstanding be exercisable in the event of any future
case of default by the contractor for which by ;,llY 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 uneffected. In
the event of the Executive Engineer putting in force either of powers (a) or (c) vested
in him under the preceding clause he may, if he so desire, take possession of all or any
tools, plants. materials and stores in or upon the works or the site thereof or belonging
to the contractor, or procured by him and intended to be used for the execution of the
work 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
Executive Engineer may remove whose Certificate thereof shall be final, otherwise the
Executive Engineer may by notice in writing to the contractor or his clerk of the works,
foreman or other authorised agent require 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 Executive Engineer may
remove them at the contractor's expense or sell them by auctions or private sale on
account of the contractor and at his risk in all respects, and the certificate of the
 [5]

Executive Engineer as to the expense of any such removal and the amount of the
proceeds and expense of any such sale shall be final and conclusive against the contractor.

Clause 5 - If the contractor shall desire an extension of the time for completion
of the works on the grounds of his having been unavoidable hindred in its execution, the Extension of time.
contractor shall give an immediate report of such hindrance to the Executive Engineer in
writing and if he shall desire an extension of time for completion of the work on the
ground thereof he shall apply in writing to the Executive Engineer within 7 days of the
date of cessation of such hindrance on account of which he desires such extension as
aforesaid and the Executive Officer shall, if in his opinion (which shall be final) reasonable
grounds be shown therefor authorise such extension of time, if any, as may, in his opinion,
be necessary or proper.

Clause 6 - On completion of the work, the contractor shall be furnished with a

certificate by the Executive Engineer! Assistant Engineer (hereinafter called the Engineer- Final Certificate.
in-charge) of such completion but no such certificate shall be given, nor shall the work
be considered to be complete until the contractor shall have removed from the premises
on which the work shall be executed all scaffolding, surplus materials and rubbish, and
cleaned of the dirt from all wood-work, doors, windows, wall, floors or other parts of any
building. In upon or about which the work is to be executed, or of which he may have
had possession for the purpose of the execution thereof nor until the work shall have been
measured b\ the Engineer-in-charge whose measurements shall be binding and conclusive
against the contractor. If the contractor shall fail to comply with the requirements of this
clause as to removal of scaffolding, surplus materials and rubbish and cleaning off dirt on
or before the date fixed for the completion of the work the Engineer-in-charge may at
the expense of the contractor remove such scaffolding, surplus materials and rubbish and
[Link] of the same as he thinks fit and clean off such dirt as aforesaid and the
contractor shall forthwith pay amount of all expenses incurred, and shall have no claim
in respect of any such scaffolding or surplus materials as aforesaid except for any sum
actually realised by the sale thereof.

Clause 7 - No payments shall be made for works estimated to cost less than
Payment on intermediate
rupees one thousand, till after the whole of the works shall have been-completed and a certificate to be regarded
certificate of completion given. But in the case of works estimated to cost more than as advances.
rupees one thousand, the contractor shall on submitting the bill therefor be entitled to
receive a monthly payment proportionate to the part thereof then approved and passed by
the Engineer-in-charge. whose certificate, of such approval and passing of the sum so
payable shall be final and conclusive a ranks the contractor. But all such intermediate
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 unskilful work to be removed and taken away
and reconstructed, or re-erected, or be considered as an admission of the due performance
of the contract, or any pari thereof in any respect, or the accounting of any claim, not shall
it conclude, determine or affect in any way the power of the Engineer-
in-charge under these conditions or any of them as to the final settlement and adjustment
of the accounts or otherwise or in any other way vary or affect the contract. The final
bill shall be submitted by the contractor within one month of the date fixed for completion
of the work, otherwise the Engineer-in-charges certificate of the measurement and of the
total amount payable for the work accordingly shall be final and binding on all parties.

Clause 8 - A bill shall be submitted by the contractor each month on or before the Submitted monthly.
date fixed by the Engineer-in-charge for all work executed in the previous month, and
Engineer in-charge shall take or cause to be taken the requisite measurement for the
purpose of having the same verified, and the claim as far as admissible adjusted if possible,
before the expiry of ten days from the presentation of the bill. If the contractor docs not
submit the bill within the time fixed as aforesaid the Engineer-in-charge may depute a sub-
ordinate to measure up the said work in the presence of the contractor,
whose counter signature the measurement list will be sufficient warrant; and the Engineer-
in-charge may prepare a bill from such list which shall be binding on the contractor in
all respects.
 [6]

Bills to be on printed Clause 9 - The contractor shall submit all bills on the printed forms to be had on
forms, application at the office of the Engineer-in-charge and the charges in the bills shall always
be entered at the rates specified in the tender or in the case of any extra work ordered
in pursuance of these conditions, and not mentioned or provided for in the tender at the
rates hereinafter provided for such work.
Clause 9A -(1) Payments due to the contractor may, if so desired by him. be
Payments of contractor's made to his Bank instead of direct to him. Provided that the
bills to Banks.
contract furnishes to the Engineer-in-charge.
(i) an authorisation in the form of a legally valid document. e.g.
irrevocable power-of attorney
conferring authority on the
Bank to receive payment; and
(ii) his own acceptance of the account made out as being due
him by Authority or his signature on the bill or other claim
'"
preferred against Authority before settlement by the Engineer
in-charge of the account or claim by payment to the Bank.
While the receipt given by such Bank shall constitute a full and sufficient discharge
~
for the payment, the contractor should wherever possible, present his bills duly receipte
and discharged through his Bankers.
(2) In the case of bills, which the contractor presents for payment direct and which
are not endorsed in favour of the Bank, while efforts will be made to secure payment
to the financing Bank, payments made to the contractor should be accepted as full
acquittance so far as Bidhannagar Municipal Corporation is concerned. As part of the
arrangement, fmancing Bank should give Municipal Corporation a letter to this effect.
Note 1.- The procedure will not affect the usual rights of Authority to deduct from
contractor's bills (whether endorsed in favour of a Bank or not) any sum
due to Municipal Corporation on account of penalties, over-payments, etc. on
this or any other contract with he Board of Councilors.
Stores supplied Note 2.- Nothing herein contained shall operate to create in favour of the Bank
Bidhannagar Municipal- any; rights or equities vis-a-vis municipal authority.
ity
Clause 10 - If the specification or estimate of the work provides for the use of
an; special description of materials to be supplied from the Engineer-in-charge's store, or
if it is required that the contractor shall use certain stores to be provided by the Engineer
in-charge (such materials and stores, and the prices to be charged therefor as hereinafter
mentioned being so far as practicable for the convenience of the contractor, but not so
as in any way to control the meaning or effect of this contract specified in the schedule
or memorandum hereto annexed), the contractor shall be supplied with such materials ane
stores as required from time to time to be used by him for the purposes of the contract
only and the value of the full quantity of materials and stores so supplied at the rates
specified in the said schedule or memorandum may be set off or deducted from any sums
then due or thereafter to become due to the contractor under the contract, or otherwise
or against or from the security deposit, or the preceeds of sale thereof; if the same is
held in Bidhannagar Municipal Corporation securities, the same or a sufficient portion thereof
being
in this case sold for the purpose. All materials supplied to the contractor shall remain the
absolute property of Bidhannagar Municipal Corporation, and shall not on any account be
removed from the site-of the work, and shall at all times be open to inspection by the
Engineer-
in-charge. Any such materials unused and in perfectly good condition at the time of the
Works to be executed in
completion or determination of the contract shall be returned to the Engineer-in-charge's
accordance with store, if by a notice to return any .such materials unless with such consent, and shall have
specifications drawings, no claim for compensation on account of any such materials so supplied to him as
orders etc. aforesaid being unused by him, or for any wastage in or damage to any such materials.
Clause 11 - The contractor shall execute the whole and every part of the work
in the most substantial and workmanlike manner and both as regards materials and otherwise
in every respect in strict accordance with he specifications. The contractor shall-also
conform exactly, fully and faithfully to the designs, drawings, and instructions in writing
relating to the work signed by the Engineer-in-charge and lodged in his office and to
which the contractor shall be entitled to have access at such office" or on the site of
the 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 designs drawings and instructions as aforesaid.
 [7]

Clause 12 - The Engineer-in-Charge shall have power to make any alterations in, Alterations in specifica-
omrmssions from, additions to or substitutions for, the original specifications, drawings tions and designs.
design and instructions that may appear to him to be necessary or advisible during the
progress of the work and the contractor shall be bound to carry out the work in accordance
with any instructions which may be given to him in writing signed by the Engineer-in-
Charge and such alternations omissions, additions or substitutions, shall not invalidate the
contract but shall be deemed to have formed as work included in the original tender and
any altered, additional or substituted work which the contractor may be directed to do in Do not invalidated
contracts.
the manner above specific as part of the work shall be carried out by the contractor on
the same conditions in all respects on which he agreed to do the main work and at the
same rates if any may be specified in the tender for the main work. The time for the
completion of the work shail be extended in the proportion that the altered, additional or
substituted work bear to the original contract work and the certificate of the Engineer-in- Extension of time in
Charge shall be conclusive as to such' proportion. And if the altered additional or substituted consequence of
work includes any class of work; for which no rate is specified in this contract then such alternation.
class of work shall be carried out of the rates entered in the schedule of rates of the
district, which was in force at the time of the acceptance of the contract minus/plus the
percentage which the total tendered amount bears to the estimated cost of entire work
put to tender, and if the altered, additional or substituted work is not entered in the said
schedule of rates payment thereof shall be made by the Engineer-in-Charge by determining
the rates on analysis work out from (a) the basis rates of materials and labour provided
in the current schedule of rates or (b) the current market rates of materials and labour
when even basic rates for the work are not available in the schedule. In case when such
rates are determined on analysis by the Engineer-in-Charge under (a) above, the stipulated
percentage above or below schedule of rates as provided in the contract shall also apply
and in case of rates worked out on analysis under (b) above payment shall be made at Rates for works no in
estimated schedule.
the rates so determined without application of the said stipulated percentage. In the event
of any dispute regarding rates determined on analysis for an altered, additional or substituted
work under this clause, the decision of Board of Councilors shall be final and binding.
Clause 12A - In the case of any altered, additional substituted work, which the
contractor is required, under the preceding clause 12, to do at the rates specified in the
tender for the main work or on the basis of the rates in the schedule of rates of the
district and which involves the employment of additional materials (notwithstanding anything
to the contrary in the preceding clause) the contractor may within seven days from the
receipt of the order claim revision of the rates in respect of such additional materials and the
Engineer-in-Charge may revise such rates having regard to the increase in the market price
of such materials. In the event of a dispute the decision of the Superintending Engineer of
the Circle shall be final and binding and this contract shall be constituted as
if the said revised rates for the said additional materials· had been incorporated in this
contract as being applicable to such work.
Clause 13 - It at any time after the commencement of the work of the Governor
No compensation for
shall for any reason whatsoever not require the whole thereof as specified in the tender
alternation in, or
to be carried out, the Engineer-in-charge shall give notice in writing of the fact to the restriction of work to be
contractor who shall have no claim to any payment or compensation whatsoever on carried out.
account of any profit or advantage which he might have derived from the execution of

{ the work in full, but which he did not derive in consequence of the full amount of the
work not having been carried out; neither shall have any claim for compensation by
reason of any alternations having been made in the original specification drawings, designs and
instructions which shall involve any curtailment of the work as originally contemplated.
Clause 14 - If it shall appear to the Engineer-in-charge or his subordinate in charge
of the work, that any work has been executed with unsound, imperfect, or unskilful Action and compensation
workmanship, or with materials ofany inferior description, or that any materials or articles payable in case of bad
work.
provided by him for the execution of the work are unsound, or of a quality inferior to that
constructed for, or otherwise not in accordance with he contract the contractor shall on
demand in writing from the Engineer-in-charge specifying the work, materials or articles
complained of notwithstanding that the same may have been inadvertently passed, certified
and paid for. forthwith rectify, or remove and re-construct the work so specified in whole
or in part, as the case may require, or as the case may be, remove the materials of
articles so specified and provide other proper and suitable materials or articles at his own
proper charge and cost and in the event of his failling to do so within a period to be
specified by the Engineer-in-charge in his demand aforesaid, than the contractor shall be
e)
[8]

Works to be open to liable to pay compensation at the rate of one per cent, on the amount of the estimate
inspection. for every day not exceeding ten days, while, his failure to do so shall continue and in the
case of any such failure the Engineer-in-charge may rectify or remove, and re-execute
the work or remove and replace with others, the materials or articles complained of as
the case may be at the risk and expense in all respect of the contractor.
Clause 15 - All work under or in course of execution or executed in persuance
of the contract shall at all times be open to the inspection and supervision of the Engineer-
in-charge and his subordinates and the contractor shall at all times during the usual
working hours, and at all other times at which reasonable notice of the intention of the
Engineer-in-charge or his subordinate to visit the works shall have been given to the
contractor, either himself be present to receive order and instructions, or have a responsible
agent duly accredited in writing present for that purpose Orders given to the contractors
agent shall be considered to have the same force as if they had been given to the
contractor himself. '"

Contractor or respon- Clause 16 - The contractor shall give not less than five day's notice in written to the
sible agent to be present. Engineer-in-charge or his subordinate in charge of the work before covering up or
otherwise placing beyond the reach of measurement any work in order that the same may
be measured, and correct dimensions thereof be taken before the same is so covered up
or placed beyond the reach of measurement and shall not cover up or place beyond the
reach of measurement any work without the consent in writing of the Engineer-in-charge
or his subordinate in-charge of the work; and if any work shall be covered up or placed
beyond the reach of measurement without such notice having been or given or consent
obtained, the same shall be uncovered at the contractor's expense, or in default thereof
no payment or allowance shall be made for such work or the materials with which the
same was executed.
Contractor liable for Clause 17 - 1. If the contractor or his workmen or servants shall break, deface
damage done and injure or destroy any part of a buildings, in which they may be working or any building,
imperfection for 3
months after certificate. road curbs, fence, enclosure, water pipes, cables, drains, electric or telephone post or wire,
trees, grass or grassland or cultivated ground contiguous to the premises on which work
or any part of it is being executed or if any damage shall happen to the work which in
progress, from any cause whatever or any imprefection become apparent in it within three
months (six months in the case of road work) after a certificate final or otherwise of its
completion shall have been given by the Engineer-in-charge as aforesaid the contractor
shall made the same good at his own expense, or in defaults, the Engineer-in-charge may
cause the same to be made good by other workmen and deduct the expense (of which
the certificate of the Engineer-in-Charge shall be final) from any sums that may be then,
or at any time thereafter become due to contractor, or from his security deposit or the
proceeds of the sale thereof a sufficient portion thereof.
2. "The security deposit of the contractor made in the manner provided in clause 1
thereof, shall be refundable on the expiry of 3 months (6 months in the case of a road work)
after the issue of the certificates, final or otherwise of the completion of the work, subject
to the condition that no such refund of security deposit shall be allowed till the
final bill has been prepared and passed. Provided however, that in the case of a road
work if in the opinion of the Engineer-in-Charge, half of the security deposit is sufficient
to meet all the liabilities of the contractor under this contract, half of the security deposit
may be refunded after 3 months of the issue of the said certificate of completion.
Provided further that in the case of any work (whether road, building, bridge, electrical,
sanitary and plumbing etc.) whether the Engineer-in-Charge is satisfied that the contractor
after completion of the major portion of the contract in unable to execute remaining part
of the work, for reasons beyond his control, the Executive Engineer in his discretion may
make a proportion refund of the security deposit to the contractor."
Contractor to supply 3. The contractor shall be responsible for rectifying defects in asphaltic work noticed
plant, ladders, scaffolding within a year from the date of completion of the work and the portion of the security
etc.
deposit relating to asphaltic work shall be refunded after the expiry of this period.
Clause 18 - The contractor shall supply at the own cost materials (except such .
special materials if any, as may in accordance with the contract be supplied from the
Engineer-in-charge's stores), plant, tools, appliances, implements, ladders, cardage. tackle
Scaffolding and temporary works requisite proper for the proper execution of the work,
whether original altered or substituted, and whether included specification or other documents
forming part of the contract or referred to in these conditions or not. or which may be
necessary for the purpose of satisfying or complying with the requirements of the
 [9]

Engineer-in-charge as to any matter as to which under these conditions he is entitled to

be satisfied, or which he is entitled to require together with carriage therefore to and from
the work. The contractor shall also supply without charge the requisite number of persons
with the means and materials necessary for the purpose of setting out, works and counting.,
weighing and assisting in the measurement or examination at any time and from time to
time of the work or materials. Failing his so doing the same may be provided by the
Engineer-in-charge at the expense of the contractor and the expenses may be deducted
from any money due to the contractor under the contract, or from his security deposit or
the proceeds of sale thereof, or of a sufficient portion thereof. The contractor shall also
provide all necessary fencing and lights required to protect' the public from accident, and
shall be bound to bear the expenses of defence of every suit, action or other proceedings
at law that may be brought by any persons for injury sustained owing to neglect of the
above precautions and to pay any damages and cost which may be awarded in any such
suit, action or proceedings to any such person or which may with the consent of the And is liable for damages
arising from non-provision
contractor be paid to compromise any claim by any such person. oflight, fencing etc. . '

Clause 18(A)- The contractor shall be responsible for and shall take proper care
and caution in respect of all rollers, machinery, tools and implements as may be made
over by the Authority to the contractor of use in the execution of the works under this
contract and shall be liable for any loss of and damager caused to the said rollers
machinery tools and implements by and reason whatsoever during the period the same are
in the possession of the contractor and shall on demand pay to the Authority such amount
as may be fixed by the Authority for 'such loss and damages, the decision of the Authority
in that respect being final. Should the contractor fail or neglect to pay such amount on
demand the Authority shall have the right and be entitled, in addition to the other rights
and remedies available to it, deduct such amount from the amount of security deposited
by the contractor and/or any amount remaining payable to the contractor under this
contract for any work done by contractor.

Clause -18(B)- In every case in which by virtue of the provisions of Section 12.
Sub-section (1) of the Workmen's Compensation Act, 1923, Authority is obliged to pay
compensation to a workmen employed by the contractor, in execution of the works.
Authority will recover from the contractor the amount of the compensation so paid, and
without prejudice to the rights of Bidhannagar Municipal Corporation under Section 12, Sub-
section (2)
of the said Act. Authority shall be at liberty to recover such amount or any part thereof
by deducting it from the security deposit or from any sum due by the Government to the
contractor whether under this contract or otherwise.

Authority shall not be bound to contest any claim made against it under Section 12,
Sub section (1) bf the said Act, expect on the written request of the contractor and upon
his given to Bidhannagar Municipal Corporation full security for all costs for which
Authority might become liable in consequence of contesting such claim.

Clause 19- No female labour shall be employed Within the limits of a cantonment. Labour

Clause 19A- No labourer below the age of twelve years shall be employed on the
work.

Clause 19B- The contractor should pay his labourers wages not less in amount than
what is considered reasonable for the locality by the superintending Engineer.

Clause 20- No work shall be done on Sundays without the sanction in writing of Work on Sundays
the Engineer-in-charge.
 [ 10 ]

Clause 21 - The contract shall not be assigned or sublet without specific orders
from Bidhannagar Municipal Corporation in respect of a specified sub-contractor. And if the
contractor shall assign or sublet his contract, or attempt so to do, or become insolvent or
commence
Work not to be sublet.
any insolvency proceedings or make any composition with his creditors, or attempt so to
do, or if any bribe, gratuity gift, loan, perquisite, reward or advantage, pecuniary or
otherwise, shall either directly or indirectly be given, promised, or offered by the contractor,
or any of his servants or agents to any public officer or person in the employ of Authority
in any way relating to his office or employment, or if any such office or person shall
Contract may be
rescinded and become in any way directly or indirectly interested in the contract, the Executive Engineer
security deposit may thereupon by notice in writing rescinded the contract, and the security deposit of the
forfeited for subletting, contractor shall thereupon stand forfeited and be absolutely in the disposal of Authority
bribing, or if contractor
becomes insolvent. and the same consequences shall ensure as if the contract had been rescinded under
clause 3 hereof, and in addition the contractor shall not be entitled to recover or be paid '
for any work thereto for actually performed under the contract.
Sum payable by way of
compensation to be Clause 22 - All sums payable by way of compensation under any of these conditions
considered as reasonable
compensation without shall be considered as reasonable compensation to be applied to the use of Bidhannagar
reference to actual loss. Municipal Corporation without reference to the actual loss or damage sustained and whether
to not
Changes in constitution of
any damage shall have sustained.
firm.

Clause 23 - In the case of a tender by partners any change in the constitution of the
firm shall be forthwith notified by the contractor to the Engineer-in-charge for his
Works to be under
information.
direction of Superintend-
ing Engineer.
Clause 24 - All works to be executed under the contract shall be executed under
the direction and subject to the approval in all respects of the Executive Engineer for the
time being who shall be entitled to direct at what point or points and in what manner they
are to. be commenced and from time to time carried on.
Lump sums in estimates.

Clause 25 - When the estimate on which the tender is made includes lump sums
respect of parts of the work, the contractor shall be entitled to payment in respect of the
items of works involved or the part of the work in question at the same rates as the
payable under this contract for such items, or if the part of the work in question is not,
in the opinion of the Engineer-in-charge capable of measurement the Engineer-in-charge
may at his discretion pay the lump sum amount entered in the estimate and the certificate
in writing of the Engineer-in-charge shall be final and conclusive against the contractor
with regard to any sum or sums payable to him under the provisions of this clause.
Action whrere no
specification.
Clause 26 - In the case of any class of work for which there is no such specification
as is mentioned in Rule 1, such work shall be carried out in accordance with the district
specification and in the event of there being no district specification, then in such case
Definition of works.
the work shall be carried out in all respects in accordance with the instructions and
requirements of the Engineer-in-charge.

Clause 27 - the expression "works" or "work" where used in these conditions shall,
unless there be something either in the subject or context repugnant to such construction
be constructed and taken to mean the works by or by virtue of the contract contracted
to be executed, whether temporary or penn anent and whether original, altered substituted
or additional.

Clause 28- The contractor (s) shall at his/their own cost provide his/their labour
with hutting on an approved site, and shall make arrangement for conservancy and sani-
tation in the labour camp to the satisfaction of the local Public Health and Medical
Authorities. He/They shall also at his/their labour camp from the existing mains wherever
available, and shall pay all fees, charges and expenses in connection there with and
incidental thereto.

Clause 29 - contractor has to submit completion report along with the completion
drawing form of cost in triplicate after which final will be dealt with.
 [ 11 ]

Schedule showing (approximately) materials to be supplied by the works and Buildings department
under clause 10 and 26 for work contracted to be executed and the rates at which they are to be
charged f01:

Rates at which the materials will

Particulars be charged to the Place of delivery
contractor
Unit Rs. p.

Note r-The person or firm-submitting the tender should see that the rates in the above schedule are filed
up by the Engineer-in-charge on the issue of the form prior to the submission of the tender.

Signature of contractor Signature of Executive Engineer

Bidhannagar Municipal Corporation
 [ 12 ]

ADDITIONAL CONDITIONS

1. Cement found surplus after the completion of a work should be returned

to the Subdivisional Officer, the value of the cement returned to the Department
will be credited to the contractor. If any contractor is found to have used the
surplus cement for his own purpose or otherwise disposed of it without the written
consent of the Executive Engineer or the sub Assistant Engineer (if nominated for the
purpose by the Executive Engineer) he may be held -guilty of theft. In this
connection the provision of clause 10 may be referred to, where if is clearly stated
that all materials issued to the contractors shall remain the property of Government.

2. The contractor shall have to make his own arrangements for water, both
for the work and use by his cooly. etc., for steam road rollers and for all tools
and plant, etc., required on the work.

3. Contractors will be responsible for the payment of all water charges

payable to the Corporation of Calcutta or any other water works authority including
a Government department concerned.

4. If the contractor shall desire an extension of the time for completion of

the work under clause 5 of the contract, no application for such extension will
be entertained if it is not received in sufficient time to allow the Divisional Officer
to consider it and the contractor will be responsible for the consequences arising
out of his negligence in this respect.

5. The contractor will have to leave ducts in walls and floors to run conduit
or cables, where necessary, and he will not be entitled to any extra payment on
this account.

6. Contractors in the course of their work should understand that all materials
(e. g., store and other materials) obtained in the work of dismantling, excavation,
etc., will be considered Government property and will be disposed of to the best
advantage of Government. ,.

7. Owing to difficulty in obtaining certain materials in the open market

Authority have undertaken to supply materials specified in the schedule on
page ........... of the Tender form at rates stated therein. There may be delay in
obtaining the materials by the Department and the contractor is, therefore, required
to keep himself in touch with the day to day position regarding the supply of
materials from the Engineer-in-charge and to so adjust the progress of the work
that his labour may not remain idle nor may there be any other claim due to or
arising from delay in obtaining the materials. It should be clearly understood that
no claim whatsoever shall be entertained by the Government on account of delay
in supplying materials.

8. The minimum period for which a road roller is required to be used by

a contractor shall be determined by the Executive Engineer on the basis of the
quantity of metal that can be consolidated by a roller day and the Executive
Engineer's decision shall be final. If the roller be required to work for a longer
period due to bad arrangement of the contractor, shortage of water, etc. additional
hire charges shall be levied at the rates specified below under "A Hire Charges"
for additional period the roller works.

9. No compensation for any damage done by ram or traffic during the

execution of the work will be made.

10. Whenever a work is carried out in a municipal area, electric lights or

electric danger signals wherever available shall be provided by the contractors on
the barriers as well as paraffin lights. Facilities for electric connection will be made
by this Bidhannagar Municipal Corporation but the contractor will bear all expense.

11. The contractor should quote through rate inclusive of cost of materials
and carriage to place of working.

--------
 [ 13 ]

12. The contractor should give complete specification showing the method of
execution and the quantity and quality of material they intend to use per hundred
[Link]. area.

13. In case where water is used by the contractor he will be required to

deposit in advance with the Executive Engineer the charges for the water which
are to be calculated in accordance with the schedule of miscellaneous rates in the
Canal Act.

14. It must be clearly understood by the contractor that no claim on account

of enhanced rates on those already accepted, due to war fluctuations will be
entertained during the currency of this contract for the work as per schedule
attached to the agreement and the additional work, if any under clause 12 of the
contract, if such additional work shall consist of item which have already been
quoted for, or, items not quoted for but appearing in Districts Schedule.

15. In the event of emergency the contractor will be required to pay his
labour every day and if this is not done, municipal authority shall make the requisite
payment as would have been paid by the contractor and recover the cost from
the contractors.

Inconvenience of the public

16. The contractor(s) shall not deposit material on any side which will
seriously inconvenience the public. The Engineer-in-charge may require the
contractor(s) to remove any materials, which are considered by him to be a danger
or III convenience to the public or cause them to be removed at the contractor's
cost.

17. The contractor under takes to have the site clean, free from rubbish to
the satisfaction of the Engineer-in-charge. All surplus materials, rubbish, etc., will
be removed to the places fixed by the Engineer-in-charge and nothing extra will
be paid.

18. The contractor shall not allow any rubbish and debris to remain on the
premises during or after repairs, but shall remove the same and keep the place
neat and tidy during the progress of the work. The Engineer-in-charge may get
the site or premises cleared of debris, etc., and recover the cost from the bill
of the contractor, if the latter shows slackness in observing this clause.

19. Materials brought at site shall not be stacked at random. The contractor
shall stack all these materials as directed by the Engineer-in-charge.

ADDITIONAL CONDITIONS WHEN ROAD ROLLERS ARE

SUPPLIED BY GOVERNMENT

Road rollers, if available, shall be supplied by the Government on hire upon

payment of the charges at the rates and on the conditions specified below. The
. contractor should requisition road rollers at least six week before the date on which
these are required mentioning the dates on which delivery is desired. In case rollers
cannot be made available to the contractor on that date requisite extension of time
shall be granted to the contractor for completion of the work but no compensation
for loss of labour or any other shall be entertained.
 [ 14 ]

A-llire Charges
(1) Road-rollers, petrol, diesel or steam-8 tons or over ......... Rs. 1501- per day
(2) Road rollers petrol, diesel or steam-6 tons or less .......... Rs. 120/- per day
The pay of drivers, firemen or khalasi and chowkidar will have to be paid
for extra at the following rates

(3) Petrol or diesel roller, per roller-

(i) One driver @ Rs. 20/- Per day
(ii) One Khalasi @ Rs. 17/- Per day

B-Conditions

1. (a) The road rollers will be made over and taken back at site of work.
The charges for same shall be recovered at the prescribed rates (both the hire
charges and the wages of drivers, fireman or khalasi and chowkidar) the date the
road roller is made over till the date of its return even through the roller may
not have been working for any cause except when it gets out of order (due to
no fault of contractor) and requires major repairs. But such exemption shall only
be allowed on specific orders of the Executive Engineer indicating the period for
which exemption for payment of the above charges is allowed and the reason
thereof. In all other cases of stoppage of a roller, the contractor shall be liable
to pay for both the hire charges and wages for drivers, fireman or khalasi and
chowkidars.
(b) The rollers and other equipments shall be fully utili sed for the purpose
for which the same are made over and shall not be allowed to remain idle when
they are in working condition. The maximum time limit including extra allowance
in terms of working days for each type of rolling shall be as shown in the
Statements I and II enclosed. Any excess time involved beyond this scheduled
period shall be charged at double the normal rate of hire charge for each working
day in excess. For these purpose part of a day shall be counted as a full day.
No exemption shall be allowed unless the contractor applied for it and can prove
to the satisfaction of the Engineer-in-charge that the excess time involved was not
due to any fault of the contractor.
2. Rollers issued to contractors must remain in charge of the Departmental
drivers throughout the period the same are used by the contractor and are not
returned back by the contractor.
3. Rollers issued to contractor are to work for 6 days in the work with
stoppage of work on the seventh day for general cleaning and petty repairs.
Contractor will pay for hire charge as well as for the wages of driver, fireman
or khalasi and chowkidar for the whole week. The cost of obtaining water for
washing the rollers shall be borne by the contractor.
4. The hire charge are exclusive of cost of grease and lubricating oil, which
will be supplied free by the Department.
5. Fuel, petrol and chopped fire-wood for the working of road rollers match
and kerosine oil require for lighting up will be supplied by the hirer at his expense.
Steam coal for steam road rollers and diesel oil for diesel road rollers will be
supplied by the Department at the rate scheduled at page 11 of the agreement
and cost debited to the contractor's account accordingly.
SPECIFICATIONS GOVERNING ISSUE OF ROAD ROLLERS

The number of working days to be allowed for finishing each individual item of
work is shown below with extra allowances.
(Extra allowances are to be considered by the Executive Engineer only on
special circumstances depending· on the particular nature of work and his decision
will be final)
 [ 15 ]

STATEMENT - I
(a) for steam road roller or diesel road roller -8-10 tonnes or over
NB.- Each working day means each roller day i.e. 8 hours working in a day with one roller.

SI. Time to be allowed

No. Item of works for completion Remarks
No. of working days
l. Rolling subgrade 1 6,000 sft. per day (of Extra allowance
finished road surface) may be 1 day for
each completed
mile.
2. Rolling sub grade with single brick flat 12,000 sft. per day
soling (Do) (Do)
3. Do - with double brick flat soling 10,000 sft. per day (Do)
(Do)
4. Do - with a single brick-on-edge 8,000 sft. per day (Do)
over a brick flat soling (Do)
5. Rolling Jhama metal 1,000 eft, per day Extra allowance
(of new metal) may be 2 days for
each completed mile
6. Rolling Stone metal-
a) Rajmahal or Pakur of similar trap 500 eft. per day (Do)
metal (Do)
b) Other kind of stone metal 600 eft. per day (Do)
7. Rolling dry chips or buzree in painting 6,000 eft, per day (of Extra allowance
works (size 3/4" or 112") in new works ... finished road surface) may be 1 day for
each completed mile
8. Do over painted road surface 8,000 eft. per day (Do)
(Do)
9. Roiling premixed chips or buzree (3/4"
size) with paint-
a) Initial cost 4,000 sft. per day (Do)
(Do)
b) Other painted surface 5,000 sft. per day (Do)
(Do)
10. Rolling Carpet -
a) Inch thick 4,000 sft. per day (Do)
(Do)

Statement-II
(b) For steam road roller or diesel road roller-6 tons or less.

Time to be allowed in respect of each item of work is the same as per Statement 1 in case
of roller of 8 tons or above plus 25 per cent extra.

Extra allowances may be the same as per Statement in case of roller of 8 tons or above.

TAR AND BITUlVIEN

1. The contractor undertakes to make arrangements for the supervision of the work by
the firm supplying the tar or bitumen used.
f)

[ 16 ]

2. The contractor shall collect the total quantity of tar or bitumen required fot the
work as per standard formula, before the process of painting is started and shall hypothecate
it to the Engineer-in-charge against money advanced by Government. If any bitumen or tar
remain unused on completion of the work on Account of lesser use of materials in
actual execution for reasons other than authorised changes of specification and adandoment
of portion of work a corresponding deduction equivalent to the cost of unused material as
determined by the Engineer-in-charge shall be made and the material returned to the
contractors. Although the materials are hypothecated to Government Contractor undertakes
the responsibility for their proper watch, safe custody and protection against all risks. The
materials shall not be removed from the site of work without the consent of the Engineer-
in-charge in writing.

ADDITIONAL CLAUSE

1. In cases where the responsibility of despatch of stores rests with the suppliers
but the freight is payable by the purchaser, the supplier should despatch the stores by the
most economical method, using the full wagon load whenever it is possible and economical
to do so, failing which the supplier will render himself liable for the whole or part of any
avoidable expenditure caused by such default. The supplier should not get in touch with
the Purchase Officer Concerned and in cases of despatch of stores which are the
property of the Defence Department at the time of despatch, the supplier may obtain the
advice of the "Movement Control Section". Station Staff Officers or the Controller
Suppliers of the stations concerned.

2. The contractor will have to make his own arrangements for the carnage
materials.