Standard Bid Document (for works less than Rs 5 crores)
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(i) for works costing upto Rs. 2 lacs 5% of total theoretical quantity. (ii) for works costing from Rs. 2 lacs to 5 lacs 4% -do (iii) for works costing more than Rs. 5 lacs 3% -do This variation will not be taken as matter of routine and will have to be properly justified in each case by Engineer-in-charge. Where the work is done on through rate basis,’” the recovery of costs of material, thus saved, shall be made from the contractor at the issue rate. When the work is being done on through rate basis, the rates of the items shall be reduced or where it is not possible to determine the exact item on which short material has been used, the cost of the material shall be recovered from the contractor at issue rates upto permissible limits and at penal rates, thereafter provided in the contract. when the work is done departmentally or on labour rates and the consumption is short more than the permissible percentage detailed above, the Executive Engineer shall investigate the cause of such short consumption and shall bring to the notice of the Superintending Engineer, all such cases for such action against defaulting Government officials and contractors as he may deem fit. The decision of the Superintending Engineer in this matter shall be final. It shall also be determined whether the stability of structure is effected adversely by short consumption of materials and in case where it is likely to be so, the work shall be rejected. The decision of the Superintending Engineer in this regard shall be final. (c) For major projects involving weigh batching actual variation will be ascertained and fixed by project authorities. (d) The cost of work shall be considered as based on C.S.R. 1987 without any ceiling premium. (c) DETERIORATION / PILFERAGE OF MATERIALS Deleted d) DOOR AND WINDOW-FITTINGS Brass or aluminum door and window fittings I.S.I marked shall be issued by the department free of cost. The cost of fittings lost or fixed short by the contractor, If any, will be recovered at double the Departmental issue rate. 27 ) LUMPSUM IN ESTIMATE CLAUSE-27 When the estimate on which a bid is made includes lump sum in respect of parts of the work, the contractor shall be entitled to payment in respect of the items of work involved at the same rates as are payable under this contract for such items 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 contractor with the regard to any sum or sums payable to him under provisions of this clause. 28 ) SPECIFICATIONS CLAUSE-28 In the case of any class of work for which there is no specifications as mentioned in clause II, the work shall be carried out in accordance with specifications laid down by the Bureau of Indian Standards and in the event of there being no such specifications, the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-in-charge. (a) CONCRETE WORK All the concrete work shall have to be done with mechanical mixture unless permitted otherwise by the Engineer-in-charge. All R.C.C. work shall be compacted with a mechanical vibrator driven by petrol, diesel or electricity. All R.C.C. work and plain cement concrete of mix 1:3:6 (M-10) and richer mixes only Ghaggar sand or Pathankot sand having a fineness modulus between 2.5 to 3.5 shall be used. Test samples shall be taken during the execution of work as per stipulations of the Bureau of Indian Standards. The compressive strength of test samples shall meet the requirements of relevant standards laid down by the B.I.S. The contractor shall set up a field testing laboratory with necessary equipment and appoint suitable staff for carrying out the test at his cost. (b) CURING OF CEMENT WORK. The contractor shall ensure proper curing of all work involving use of cement strictly as per stipulations of the Punjab P. W.D/BIS specifications. Since proper curing during the critical period has a direct bearing on the strength and safety of cement work, the Engineer-in-charge shall in the case of any default on the part of the contractor, take prompt action to arrange adequate curing at the cost of the contractor without issuing any prior notice in this respect, to avoid lapse of period of curing. The certificate of the Engineer-in-charge would be final and binding in this respect and the cost incurred shall be recovered from the contractor. (c) PITS AT SITE PROHIBITED No pits shall be dug by the contractor at or near the site of work for taking out earth for use in the work. In case of default the pits so dug shall be got filled by the department at the cost of the contractor charging additional amount of fourteen percent towards departmental charges. (d) CO-ORDINATION WITH OTHER AGENCIES The Contractor shall maintain close co-ordination and afford necessary facilities to other agencies executing other works like Electrification, Horticulture, Water Supply, Sewerage and external services etc. No claim for additional payment on this account shall be entertained. CLAUSE - 29. (a) STATUTORY LEVIES The rates as offered and accepted in the contract are inclusive of all taxes and statutory levies such as income Tax, octroi, terminal tax, Sales tax / turnover tax, royalty, ‘contribution under Employee’s State Insurance and local taxes payable under the respective statutes (ESI contribution). (b) INCOME TAX Income tax shall be deducted at source as per provisions of the Income Tax Act and a certificate of such deductions made in each financial year shall be furnished to the contractor by the officer. (c) SALES AND OTHER TAXES Sales tax. turnover tax or any other tax shall also be deducted from the bills of the contractor if so directed by the authorities concerned. (d) LOCAL LAWS AND LEVIES The contractor shall comply with the proper bye-laws and legal orders of the local body or public authority under the jurisdiction of which the work is executed and pay all fees and charges for which he may be liable. Nothing extra shall be payable on this account. (e) DAILY PAYMENT IN EMERGENCY In case of emergency, the contractor shall be required to pay his labour every day and in case of default the requisite payment shall be made by the Punjab mandi board and the amount shall be recovered from the contractor. 30 ) EPF.CODE NO. Clause-30 The contractor shall comply with the by laws framed by employees provident fund commissioner, Punjab and will submit the periodically deposit challans of EPF. of employees deposited with PF department monthly during execution of work. 31. (a) TECHNICAL STAFF CLAUSE-31 The contractor shall employ the technical construction staff on whole time basis during the execution of work and shall submit names and attendance certificate on the 10th of each calendar month as per annexure table 1(enclosed). CIVIL WORKS i) One Graduate Engineer (BE Civil) + 2 years Experience and one BE (Civil) or one Diploma Holder (Civil) + 3 years Experience for works amounting more then 100 lacs. ii) One Graduate Engineer (BE Civil) and one Diploma Holder (Civil) + one year Experience for works amounting more than 30 lacs and up to 100 lacs. iii) One Graduate Engineer (BE Civil) or 1 Diploma holder (Civil) + one year Experience for Hot mix plant. iv) One Graduate Engineer (BE Civil) or 1 Diploma holder (Civil) + one year Experience for Works amounting more than 10 Lacs. and up to 30 Lacs. ELECTRICAL WORKS i) One Graduate Engineer (BE Electrical) or one Diploma Holder (Electrical) + five year experience for Electrical Works amounting more then 15 lacs and upto 50 lacs. ii) One Diploma Holder (Electrical) + 2 years experience for works amounting to more than 2 Lacs and upto 15 Lacs. iii) One Diploma Holder (Electrical) for works amounting upto 2 Lacs. iv) One B.E. (Electrical) or 1 Diploma Holder (Electrical) + 5 years experience for works amounting upto 50 Lacs for the work of sub Station PUBLIC HEALTH WORKS i) One Graduate Engineer or one Diploma Holder + 3 years experience for works amounting to more than 25 lacs and up to 50 lacs. ii) One B.E. or one Diploma Holder plus one year experience for works amounting more than 10 Lacs and up to 25 lacs. iii) One Diploma Holder for works amounting upto 20 Lacs. for OH SR / Tube well The technical staff shall be available at site at all times according to eligibility criteria fixed by Punjab mandi board for enlistment of contractor in respective class and category as shown above. In any case the contractor fails to employ the above minimum technical staff or fails to submit the names and attendance certificate of such staff, recovery shall be made from his bills at the rate of twice the average pay of the corresponding staff working with Punjab mandi board b) CONSULTANTS FOR QUALITY CONTROL. It is expected that every contractor will have proper quality control staff, and procedure in order to ensure quality. They are also expected to improve their procedure in line with ISO 9000. For all works amounting to more than Rs. 2.00 crore, the contractor shall engage’ a competent and independent quality control consultant as approved by SE In charge of work to exercise effective control over the construction operation in the field so as to produce quality works. The fully equipped laboratory shall be set up at site of work and trained staff shall be employed by the said consultant. The contractor shall supply to the Engineer-in-charge a copy of his agreement and fee for quality control should generally be between 0.5% and 1.5% of the contract value. The payment to quality control consultant shall be made by the Engineer-in-charge direct as per the copy of the agreement supplied by contractor. This payment will be recoverable from the contractor. The consultant will guide the contractor for production of quality works at all stages and shall maintain records, reports and test results so as to indicate the extent of quality achieved. The consultant will also supply a copy of all these reports, tests and check to Engineer-in-charge regularly. The contractor shall also attach a copy of these reports., tests and check with his bill without which no payment shall be made. The Engineer-in-charge can also order the change of consultants, if in his opinion, they are not performing competently. The Engineer-in-charge will be free to conduct surprise. random or in-situ checks so as to have cross check on quality. In case the contractor fails to employ for the whole or part of the period of execution a quality control consultant, Engineer in-charge may order ‘employment of a consultant at the cost of the contractor or may order the Board staff to carry out the quality control checks and a deduction at the rate of 1.5% of the total cost of the work shall be deducted from the bill of contractor even if the actual expenditure incurred in. private consultant or departmental quality control is less. Nothing in this clause shall reduce the over-all responsibility of the contractor regarding quality and shall remain liable for any defect in the execution. Department shall also engage independent Quality Consultant as per Govt. of Punjab, Deptt of Finance Memo no:5/27/2008/5FPPC/2328 dated 20.3.08 with following scope of work: 1. Review designs, estimates and BOQ to identify shortcomings, omissions, inconsistencies and ambiguities in detail engineering. 2. To finalize quality assurance documents namely the quality plans, inspection and test plans (ITP) forms, reports, etc as per requirements of the project and ensuring the implementation. 3. Perform comprehensive check by way of field inspection activities on 20-25% on all works & make relevant test reports as per approved inspection & test plan. 4. To conduct Technical audit on total testing done by the Engineer and issuing non-conformance report and proposing appropriate corrective and preventive actions to the Engineer and Employer. 5. To develop a monitor and review progress. The Consultant will also identify the problem areas causing delays in progress in implementation of the project as per schedule. 6. Assist in interpretation of the Technical Specifications etc. as and when required by the Client. 7. Review Contractor’s detailed work programme and suggest modifications where required. 8. Review the suitability of Contractor’s superintending and key personnel and suggest modifications where required. 9. Review the construction methodology proposed by the contractor for execution of works in order to ensure that the same is satisfactory in respect of technical requirements, project implementation schedule, environmental aspects and safety of the works, property, personnel & general public. 10. To assist the Client in approval of the field testing laboratories set up by various contractors in respect of its facilities, adequacy, arrangements, equipment and laboratory staff etc. 11. Review suitability of source and quality of construction materials on the basis of inspections, test results/manufacturer’s certificates etc. 12. Develop forms and procedures in order to ensure implementation of a proper Quality Assurance system on all activities and aspects of the project. 13. Review the quality assurance/ control system & procedures being followed by the contractor. 14. Assist the Engineer on matters connected with the quality assurance/ control aspect of works in order to ensure the quality of work and its conformity with the standards & specifications prescribed in the contract. 15. Inspection of the construction equipment such as Hot Mix Plant, paver finisher, rollers, bitumen distributors, chip spreaders and other related machinery in order to assess their suitability for the works. The consultant will check the calibration of the hot mix plant. Periodical inspection of the equipment shall also be conducted. 16. During course of inspection if any item of the work is found substandard or unacceptable, the consultant would inform the Engineer and Client the rectification required in writing, giving full justification thereof with necessary supporting data. 17. The consultant will inspect the works on completion and indicate to the Engineer any outstanding work to be carried out by the contractor prior to issuance of certificate of completion by the Engineer, and will indicate and defects to be rectified during defects liability period. 18. Assist the Engineer in monitoring progress of the works at regular intervals. 19. Provide on job training to the Engineer’s staff involved with the works to strengthen their technical capabilities and promote transfer of technology. 20. Prepare monthly reports describing the progress of works, assistance given by the consultant, problem areas and action taken to overcome them by the relevant authority. 21. Recommendations regarding methods and procedures for the evaluation and the system for monitoring of the conditions of the road after completion. 22. Prepare a final report with specific recommendations for procedures to be followed on projects in future. 23. Ensure / review that the contractors are adhering/following IRC mandated environmental mitigation standard/practices. (c) PERFORMANCE TEST The contractor shall give a satisfactory performance test of the entire installation as per standard specifications before the work is finally accepted and nothing extra whatsoever shall be payable to contractor for this test. 32 ) ACTS OF GOD CLAUSE 32 No claim whatsoever ever shall be entertained for any loss or damages caused by rain, floods or any other natural causes or other acts of God. 33 ) JURISDICTION CLAUSE 33 The jurisdiction of civil court for matters under dispute shall be on the basis of the location of the office of the Engineer-in-charge. Clause-34 The terms and conditions of the agreement have been explained to me/us and I/we certify that I/we clearly understand the same. THE PUNJAB, MANDl BOARD CONTRACTORS LABOUR REGULATIONS 1. Short title:- These rules may be called Punjab Agricultural Marketing Board Contractor’s labour Regulations. 2. Definitions:- In the Regulations, unless otherwise expressed or indicated the following words and expressions shall have the meaning hereby assigned to them respectively, that is to say: (1) “Labour means workers employed by Punjab-Mandi Board contractor directly or indirectly through a sub contractor other person, or by an agent on his behalf. (2) “Fair wages” means wages whether for time or piece work notified at the time of inviting tender for the work and where such wages have not been so notified, the wages prescribed by the Punjab (I) Public Works Department for the district in which the work is done. (3) “Contractor” shall include every person whether subcontractor on headman or agent, employing labour on the work is done. (3) “Contract” shall include every person whether subcontractor on headman or agent, employing labour on the work taken on contract. (4) “Wages” shall have the same meaning as defined in the payment of wages Act. 1936 and include time and piece rate wages. 3. Display of notices regarding wages etc.:- The contractor shall before the commencement of his work on contract, display and correctly maintain and continue to display and correctly maintain in a clean and legible condition in conspicuous place on the work notices in English and in the local Indian language spoken by the -majority of the workers, giving the fair wages notified or prescribed by the Punjab (I) Public Works Department and the hours of work for which such wages are earned. 4. Payment of wages : (1) Wages due to every worker shall be paid to him direct. (2) All Wages shall be paid in current coin or currency or in both. 5 Fixation of wages periods: (1) The contractor shall fix wages periods in respect of which the wages shall be payable. (2) No wage period shall exceed one month. (3) Wages of every workman employed on the contract shall be paid before expiry of ten days after the last day of ‘wage period In respect of which the wages are earned. (4) When the employment of any worker is terminated by on of behalf of the contractor the wages earned by him shall be paid before the expiry of the day succeeding the one of which his employment is terminated. (5) All payments of wages shall be made on a working day. (6) Wage book and wage slips etc. (1) The contractor shall maintain a Wage Book of each worker in such form as may be convenient but the same shall include: the following particulars; (a) Rate of daily or monthly Wages. (b) Nature of work on which employed. (c) Total number of days worked during each wages period. (d) Total amount payable for the work during each wage period. (e) All deductions made from the wages with an indication in each case of the ground for which the deductions is made. (1) Wages actually paid for each wage period. (2) The contractor shall also maintain a wage slip for each worker employed on the work. (3) The authority, competent to accept the contract may grant an exemption from the maintenance of wages book and wages slip to a contractor who in his opinion, may not directly employ more than 100 persons on the work. 7. Fines and deduction which may be made from wage: (1) The wages of a worker shall be paid to him without deduction of any kind except the following: (a) Fines. (b) Deductions for absence of duty i.e. from the place for places where by the terms of his employment he is required to work. The amount of deduction shall be in preparation to the period for which he was absent. (c) Deductions for damage to or loss of goods expressly entrusted to the employed person for custody or for loss on money for which he is required to account where such damage or loss is directly attributable to his neglector default. (d) Any other deductions which the P.W.D. may from time to time allow. (2) No fine shall be imposed on a worker and no deduction for damage or loss shall be made ,from his wages until the worker has been given an opportunity for show cause against such fines or deductions. (3) The total amount of fines which may be imposed in anyone wage period on a worker shall not exceed an amount equal to half of the wage payable to him in respect of the wage period. (4) No fine imposed on any worker shall be recovered from him installments or after the expiry of 60 days from the date on which it was imposed. 8. Register of fine etc. : (1) The contractor shall maintain a Register of fine and of all deductions for damage or loss such Register shall mention the reason for which fine was imposed deduction damage or loss was made. (2) The contractor shall ‘maintain a list in English and the local Indian language. clearly defining act and omissions for which the penalty of fine can be imposed. He shall list and maintain it in a clean and legible condition in conspicuous place on the work. 9. Preservation of books :-The wage book, the wage slip and the Register of fine deductions required to be maintained under these regulations shall be preserved for 12 months after the date of the last entry made in them. 10. Power of labour Welfare Officer to make the investigations or enquiry :- The labour Welfare Officer or any other person authorized by the Punjab (1) Governor on their behalf shall have power to make enquiries with a view to ascertaining and in forcing due and proper observance to investigate in to any complaint regarding the default made or the contract or of Sub-contractor regard to such provisions. 11. Report of labour Welfare Officer: - The labour Welfare Officer or any other person authorized as aforesaid shall submit a report of the result of his investigations or enquiry to Executive-Engineer (PMB) concerned indicating the extent if any to which the default has been committed and the amount of fine recoverable in respect of the sets of deduction from the contractors bill be made and the wage and other dues be paid to the labour concerned. 12. Appeal against the decision of labour Welfare Officer: - Any person aggrieved by the decision and recommendation of the Welfare or Officer other person so authorized may .appeal against such decision to the labour Commissioner but subject to appeal, the decision of the Officer shall be final and binding upon the contractor. |