Contract Form

For
Execution of Works

Name of Work: ________________________________

_____________________________________________
_____________________________________________

Approximate Cost:_____________________________

Earnest Money:________________________________

Time Limit:____________________________________

Name of Contractor:____________________________

Deposit – At - Call No: __________________________

Tender Fee Amounting to Rs_____________________

Received vide receipt No.________ Dated: _________

Adopted from Government of the Punjab amended version dated: 07-12-2007

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INDEX
PARA NO
GENERAL DIRECTION FOR THE TENDERS
1 Preparation and submission of tender 1
2 Purchase of contract documents
3 Cost of preparation and submission of tender
4 Tender to include only one work
5 Schedule of material and equipment to be supplied by Govt.
6 Responsibility for quality and specifications
7 Inspection of site
8 Rates in the ; bid schedule
9 Amount of tender
10 Addition and alteration in the bide schedule
11 Unattested corrections
12 Additional clauses
13 Quantities in bid schedule for comparing tenders
14 Earnest money
15 Forfeiture of earnest money
16 Signing of tender
17 Sufficiency of tender
18 Modification and withdrawal of tender / validity period of tender
19 Tender to be in sealed cover
20 Tenderer to give his address
21 Presentation of tender implies acceptance of conditions
22 Late tender
23 Opening of tender
24 Revaluation and comparison of tenders
25 Process to be confidential
26 Clarification of bids after opening tender
27 Rejection of tender
28 Tender amount includes all taxes, duties and obligations
29 Notification of award
30 Singing of contract agreement
31 Notifications of successful and un-successful tenders
32 Reckoning of completion period
TENDER FOR WORK
1 Tender
2 Memorandum of work
3 Bid Schedule

Clause No.
1 Definitions
2 Marginal Headings for information only
3 Terms to include designation of corresponding posts

4 Documents mutually explanatory

5 Custody of Drawing
6 Classified Drawings
7 One copy of drawings to be kept on site
8 Further drawings and instructions

6 Contract agreement
7 Performance security

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8 Programme of work to be furnished
If so required by the Engineer-in-charge
Action when programme not submitted in time
9 Setting out
10 Work to be executed in accordance with the specifications, drawings,
orders, etc.
11 Action where no specifications are provided
12 Work to be under direction of Engineer-in-charge
13 Lighting at night work
14 Watching and Lighting
15 Arrangement to safeguard danger to unfinished work
16 Contractor to supply plant, ladders, scaffoldings, etc.
17 Contractor liable to pay damages arising from non-provision of lights,
fencing etc.
18 Notice to be given before the work is covered up
19 Contractor’s employees
20 Removal of contractor’s employees
21 Whole time qualified technical personnel for supervision of work
22 Opportunities for other contractors
23 Damage to persons and property
24 Indemnity by government
25 Work to be open to inspection
Contractor or his responsible agent to be present
26 Giving of notices and payment of fees
27 Compliance of statutes, regulations, etc.
28 Payment of income tax and other taxes
29 Cost of bonds
30 Change in the constitution of firm
31 Photographs and advertisements
ASSIGNMENT AND SUBLETTING
32 Assignment
33 Subletting
MATERIALS AND WORKMANSHIP
34 Quality of material and workmanship and tests
35 Cost of samples
36 Cost of tests
37 Cost of tests not provided for
38 Constructional materials, fittings to confirm to representative
samples approved by the engineer-in-law
39 Stores to be supplied by Government
40 Action and compensation payable in case of bad work
LABOUR
41 Application of labour laws rules
42 Contractor liable for payment of compensation to injured workman
or in case of death to his relations.
43 Use of donkeys and other animals
COMMENCEMENT, TIME AND DELAYS
44 Commencement of work
45 Time for completion
46 Extension of time for completion
47 No work at night or on Friday / public holidays
48 Compensation for delay
49 Rate of progress
50 Compensation for inadequate funds
CERTIFICATE OF COMPLETION
51 Certification of completion of work

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ALTERATIONS, ADDITIONS AND OMISSIONS
52 Alterations in specifications and drawings
53 Alterations omission substitutions do not invalidate the contract
54 Extension of time in consequences of alterations
55 Rate of works not in schedule of rates bid schedule of in the estimate
56 No compensation for alteration in or restriction of work to be carried
out if variation does not exceed 20%
57 variation exceeding 20%
MAINTENANCE AND DEFECTS
58 Period of maintenance
59 Execution of works of repair, etc.
60 Cost of execution of works of repair, etc.
61 Remedy on contractor’s failure to carry out work required
62 Remedy of contractors failure to carry out work required
63 Contractor liable to make good damages, and for any imperfection
noticed during period of maintenance

64 Secured advance on materials brought to site

65 Bills to be on prescribed form

66 Bills to be submitted monthly
67 Payment of items with imbalance rates
68 Deduction of security deposit
69 Conversion of security deposit into profit bearing securities
70 Refund of security deposit
71 Payment on intermediate certificate to be regarded as advance
72 Final bill to be submitted within one month
73 Procedure for payment to firms
74 Sums payable by way of compensation to be considered
As reasonable compensation without reference to actual loss
VARIATION IN PROSES OF SPECIFIED MATERIALS
75 Price variation
CLAIMS OF CONTRACTOR
76 Bills to be submitted monthly
77 Claims for payment of extra ordinary nature to be referred to
government for decision
78 Time limit for unforeseen claim
79 Claims for compensation for delay in the execution of works
REMEDIES AND POWERS
80 Action where whole of security deposit is forfeited
81 Work at the risk and expense of contractor
82 Contractor remains liable to pay compensation if action not taken
under clauses
83 Power to take possession of our require removal of Or sell
contractor’s plant, etc.
84 Contract may be rescinded and security forfeited for subletting,
brining or if contractor becomes insolvent
85 Deduction of amount due to government on any account whatsoever
to be permissible from sums payable to the contractor
SETTLEMENT OF DISPUTES
86 Procedure in disagreement
87 Contractor dissatisfied with the decision of the Engineer in charge
88 Increase in amount of claim once preferred not allowed
89 Reference to arbitration
90 Dispute for arbitration limited
91 Arbitration

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92 Schedule of materials to be supplied by Govt.
93 Schedule of equipment be supplied by the Govt.
94 Names of manufactures of specified materials for base rates
95 Contract agreement
96 Specimen of bank guarantee to be furnished by the contractor in lieu
of performance security
97 Notification dated 7-12-2007 (D.F.R (P.W) 28.A
98 Specimen of application for release of security
99 Additional Clauses

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GENERAL DIRECTIONS FOR THE GUIDANCE OF THE TENDERERS

1. These directions are provided to assist the tenderer in preparing and submitting his tender.
The tender shall contain all information and data required to be furnished and shall be
prepared and submitted in accordance with the instructions set forth herein.
2. All necessary documents, such as copies of specifications (excluding standard specification
books etc.), contract documents, including bill of quantities, estimated rates and any other
document required in connection with the preparation of tender or execution of works,
signed by the Engineer-in-charge will accompany the tender form and the cost of such
annexed documents will be reflected in the cost of the tender form.
3. The tenderer will not be reimbursed for any costs of any kind, whatsoever, incurred in
connection with the preparation and submission of his tender.
4. No single tender shall include more than one work. A tenderer who wishes to tender for
two or more works shall submit tender for each work, separately.
5. The memorandum of work tendered for, and the schedule of materials and equipment to
be supplied by the Engineer-in-charge and the rates at which they are to be charged for
(annexed hereto) shall be filed in the office of the Engineer-in-charge before the tender
form is issued. At this stage the tenderer should ensure that the tender form so issued is
complete in all respects.
6. The tenderer shall note that the ultimate responsibility for the quality of work and its
conformity with the specifications and drawings rests solely with the successful bidder
whose tender is accepted.
7. The tenderer shall at his own expense, inspect and examine the site and surroundings and
obtain for himself, on his own responsibility, information that may be necessary for
preparing the tender and entering into contract, and shall determine and satisfy himself by
such means as he may consider necessary or desirable as to all matters pertaining to the
tender. The tenderer shall also satisfy himself before submitting his tender as to the nature
of grounds, hydrological and climatic conditions, the form and nature of the site, the nature
and lay out of the terrain, the availability of labour, water, electric power and
transportation facilities in the area. The tenderer shall specially investigate into the sources
of materials to be used for the works and satisfy himself about the quality and quantities of
materials for the completion of the work and the means of access to the site, the
accommodation he may require and, in general, shall himself obtain all necessary
information, as to the risks, contingencies and other circumstances which may influence or
affect his tender. The Engineer-in-charge shall not assume any responsibility regarding
information gathered, interpretation or deduction which the tenderer may arrive at, from
the data that may be furnished with the contract documents.
8. a) The tenderer shall fill up the bid schedule.
b) The tenderer shall quote his own unit rate in the bid schedule on which he is willing to
undertake each item of work.

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9. (i) The tenderer shall work out the amount against each item of work in the bid schedule
and will indicate the total amount of his tender on which he is willing to complete the
works. The total amount worked out in the bid schedule shall be entered by the tenderer in
his tender as his tender price for the work, in case of discrepancy between amounts in
figures and in words the amount in words shall prevail.
(ii) Should any discrepancy be found in the amount of pay items or if a column of amount is
found blank after filling in a unit rate, the unit rate filled by the tenderer will be extended in
working out of the amount of the tender and the total amount of the bid schedule will be
adjusted accordingly.
(iii) If a unit rate is left blank, but the amount against the item is filled, the unit rate will be
worked out on the basis of the amount divided by the quantity of the item shown in the bid
schedule.
(iv) If it is found that the tenderer has not entered any unit rate and amount against any of
the pay items of the bid schedule, the Engineer-in-charge shall fill in the blanks by nothing
the word “Nil” in such blanks at the time of opening of the tender. Such pay items shall be
deemed to be covered by the rates of other items.
(v) If the tenderer does not accept the adjusted / corrected amount of tender according to
the above provision, his tender shall be rejected and the earnest money forfeited.
10. The tender which proposes any alteration in the works specified in the bid schedule or in
the time allowed for carrying out the works or in any other condition mentioned by the
Engineer-in-charge, will be liable to rejection. The tenderer shall sign each and every page
of the tender and contract documents, without making any alteration. All enclosures issued
with the contract documents, shall be attached with the tender duly signed by the
tenderer. Any addition or alteration made after filling the form shall be duly attested by the
tenderer. Non-compliance of this condition shall render the tender liable to rejection.
11. The tenderer shall fill in the tender documents in ink. Errors, if any, shall be scored out and
corrections rewritten legibly and attested by the tenderer. Any tender with unattested
correction shall be attested by the tenderer in the presence of other tenderers at the time
of opening of the tender except that no correction shall be permissible in the rate or
amount of the bid schedule or in the tendered price after the opening of the tender.
12. Additional clause(s) for a particular work shall be typed on separate sheet by the Engineer-
in-charge, which will be annexed to the contract documents specifying the number of
sheet(s). The tenderer shall not add or delete any additional clause(s) in the additional
clause(s) sheet(s), provided by the Engineer-in-charge.
13. The quantities mentioned in the bid schedule are estimated quantities, to be used for
preparing tenders, and the Engineer-in-charge does not expressly nor by implication agree
that the actual amount of works to be performed will correspond there with. No payment
will be made on account of anticipated profits for work covered by the contract which is
not performed, nor will any adjustment in the unit rates set forth in the bid schedule be
made because of an increase or decrease in the actual quantities from the estimated

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quantities indicated therein, except as determined in accordance with the provisions of
clause 42 of the general conditions of contract.
14. No tender without earnest money shall be entertained, Earnest money, calculated @2% of
the estimated cost of the work (rounded suitably), shall be in the form of deposit at call
receipt. The earnest money of the unsuccessful tenderers shall normally be returned by the
Secretary Works Committee, University of Gujrat (UOG) within a week of opening of the
tenders and in any case not later than thirty (30) days following the date set for opening of
the tenders. In the event of the tender being accepted, a receipt of the earnest money
forwarded therewith, shall there upon be given to the contractor. The earnest money of
the successful tenderer on execution of the contract covering work will be adjusted
towards the amount of security deposit to be retained from the first amount (s) payable to
the contractor under the contract.
15. The successful tenderer will be required to enter into a contract, furnish the performance
security (wherever required) and to commence the work within the times specified in the
memorandum of work. Should the successful tenderer refuse or fail for any reason to enter
into contract, or to furnish the performance security or to commence the work within the
time specified in the memorandum of work, it should constitute a just cause for the
annulment of the award and in the event of such annulment, the entire earnest money
shall be forfeited to UOG, as compensation for such default.
16. (i) The tender shall be signed by the person(s) duly authorized to do so. In the event of a
tender being submitted by a firm, it shall be signed separately by each member thereof, or
in the event of the absence of any partner, it shall be signed on his behalf by a person
holding a power of attorney authorizing him to do so. Such power of attorney should be
produced with the tender and it must disclose that the firm is duly registered under the
partnership Act, 1932 or any other law in force.
(ii) The tender submitted by a joint venture of two or more firms shall be accompanied by a
document of formation of the joint venture, duly registered and authenticated by a
competent court, in which shall be stated precisely, the conditions under which it shall
function, its period of validity, the person(s) authorized to represent it and accept its
obligations the participation of several firms forming the joint venture and any other
information necessary to permit a full appraisal of its function.
(iii) A tender submitted by a corporation must bear the seal of the corporation and be
attested by its Secretary.
(iv) In all cases, the tender must be signed by an individual or individuals having powers to
legally bind the firm, joint venture, corporation or companies on whose behalf they are
signing.
17. Each tenderer shall be deemed to have satisfied himself before tendering as to the
correctness and sufficiency of his tender and of the rates and prices stated in the bid
schedule, which rates and prices shall, except in so far as it is otherwise expressly provided
in the contract, cover all obligations under the contract and all matters and things
necessary for the proper completion and maintenance of the work.

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18. The tenderer may modify or withdraw his tender after submission, provided that the
modification or notice of withdrawal is received in writing by the Engineer-in-charge prior
to the prescribed deadline for submission of tenders. The tenderer’s modification or notice
of withdrawal shall be prepared, sealed, marked and delivered, with the inner envelops
additionally marked “MODIFICATION OR WITHDRAWAL” as appropriate. No tender may be
modified subsequent to the deadline for submission of tenders. Withdrawal of a tender
during the interval between the deadline for submission of tenders and the expiration of
the period tender validity i.e. sixty (60) days as specified by the tenderer in the form of
tender may result in the forfeiture of the tender security.
19. The tenderer shall submit the original tender documents complete in all respect and keep a
copy of the tender for his own record. The original should be sealed in an inner and an
outer envelope, duly marking the envelopes as “ORIGINAL”. The inner and outer envelopes
shall, (a) be addressed to (Secretary Works Committee UOG), (b) and bear the following
identifications: Tender for (Name of Contract), (Reference Number of Tender), and the
words “DO NOT OPEN BEFORE, (Time and Date, set for opening)”. The inner envelopes
shall indicate the name and address of the tenderer to enable the tender to be returned
unopened in case it is declared to have been received late is otherwise unacceptable. If the
outer envelope is not sealed and marked as instructed above, the Engineer-in-charge will
assume no responsibility for the misplacement or premature opening of the tender
submitted. A tender opened prematurely because of improper identification will be
rejected.
20. The tenderer shall indicate in the space provided in the tender his full and proper address
at which notices may be legally served on him and at which all correspondence in
connection with his tender and the contract is to be sent.
21. The presentation of tender implies full acceptance on the part of the tender of these
instructions and all other conditions set forth in the contract document.
22. Any tender received by the (Secretary Works Committee UOG) after the deadline for
submission of tenders prescribed in the Notice Inviting Tenders will be returned unopened
to the tenderer.
23. The Engineer-in-charge or his duly authorized officer (not below the rank of Assistant
Engineer / Sub Divisional Officer) will open tenders in the presence of intending tenderers
or their authorized agents, who may be present at the time. The officer opening the tender
will announce the names of the tenderer, tender rates and the presence of requisite tender
security.
24. Promptly after the opening of tenders, the Engineer-in-charge will undertake a detailed
evaluation of tenders. The Engineer-in-charge will determine whether each tender is
substantially responsive to the requirements of the tender documents and conforms to all
the terms, conditions and specifications of the tender documents without material
deviation or reservation; if a tender is not substantially responsive to the requirements of
the tender documents, it will be rejected by the Engineer-in-charge and may not

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subsequently be made responsive by the tenderer having corrected or withdrawn the non-
confirming deviation or reservation.
25. Except for information to be read out by the Engineer-in-charge at the time of opening
tenders, accordance with para 23 above, no information relating to the examination,
clarification, evaluation and comparison of tenders and recommendations concerning the
award of contract shall be disclosed to tenderers or other persons not officially concerned
with such process. Any effort by a tenderer to influence the process of examination,
clarification, evaluation and comparison of tenders, and in decisions concerning award of
contract, may result in the rejection of his tender.
26. To assist in the examination, evaluation and comparison of tenders, the Engineer-in-charge
may ask tenderers individually for clarification of their tenders, including breakdowns of
unit rates. The request for clarification and the response shall be in writing or by cable, but
no change in the price or substance of the tender shall be sought, offered or permitted
except as required to confirm the correction of arithmetical errors discovered by the
Engineer-in-charge during the evaluation of the tender.
26.(A) In case the total tendered amount is less than 5% of the approved estimated (DNIT)
amount, the lowest bidder will have to deposit additional performance security from the
Scheduled Bank ranging from 5% to 10% as under, within 15 days of issuance of notice or
with in expiry period of bid, whichever is earlier.

TOTAL TENDERED AMOUNT BELOW ADDITIONAL PERFORMANCE SECURITY

CORRESPONDING ESTIMATED COST
5% 5%
6% 6%
7% 7%
8% 8%
9% 9%
10% 10%
27. The Engineer-in-charge shall have the right of rejecting all or any of the tenders without
assigning any reason thereof. The Engineer-in-charge will not be bound to award the
contract to the lowest or to any other tenderer.
28. The unit rates and prices entered in the bid schedule will be the rates at which the
contractor will be paid (subject to the adjustment specified in clause 55 of the annexed
conditions) and shall be deemed to include all costs of performing the work, including
income tax, super tax, and / or other charges, duties and taxes of the Government,
autonomous, semi-autonomous and local bodies, profits and costs of accepting the general
risk, liabilities and obligations set forth in or implied from the contract.
29. Prior to the expiration of the period of tender validity (60 days) prescribed in the tender
form or any extension thereof that may have been granted by the tenderer, the Engineer-
in-charge will notify the successful tenderer by cable and confirm in writing by registered
letter that his tender has been accepted. This letter of acceptance shall name the sum
which will be paid in consideration of the execution, completion and maintenance of the

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works as prescribed in the contract, (hereinafter called the contract price). The notification
of award will constitute the formation of the contract.
30. The Engineer-in-charge will notify acceptance of the tender to the successful tenderer. The
contract agreement may be obtained by the contractor from the office of Director Works at
his own cost. Within fifteen (15) days of receipt of the form of agreement, the successful
tenderer shall furnish the performance security (5% the contract price) and sign the
contract in the presence of the Engineer-in-charge.
31. After the successful tenderer has signed the contract and furnished adequate performance
security the Engineer-in-charge will notify to the unsuccessful tenderers that they were
unsuccessful.
32. The completion period will be reckoned from the date of delivering the award or the
handing over of the site to the contractor, whichever is later.

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Agreement No. __________________

UNIVERSITY OF GUJRAT
Works Department

PERCENTAGE / ITEM RATE TENDER AND CONTRACT FOR WORKS

1. Name of work
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

2. Estimated Cost. Rs. __________________ Rs. ____________________________

(Both in figures and words)
_________________________________________________________________
3. Time for completion_________________________________________________

4. Amount of earnest money Rs. ________________________________(in figures)

Rupees ___________________________________________________(in words)

5. Issued to __________________________________________________________
(Name of contractor)

6. On payment of Rs.
_________________________________________________________________
(Both in words and figures)

Signature _______________________
(Official issuing the form)

Dated ____________________
Office Stamp ________________________

Note: The officer opening the tender shall reject the tender which does not bear the stamp and signature of
the issuing official and which is not submitted by the same contractor to whom the tender form was
issued.
(This page is to be filled in by the issuing official)

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TENDER FOR WORK
To
The Director Works,
____________________
___________________

Dear Sir,

I / we
_________________________________________________________________________________
(Name of the contractor)
the undersigned tenderer, having examined the conditions of contract, specifications, drawings, bid
schedule and addenda Nos. __________________________________________ thereto, for the
work of __________________________________________________________________________
(Name of work)
And the works associated therewith, and having examined the site of the above named works, or
having caused the site to be visited on our behalf by my / our competent and reliable agent, and
having satisfied myself / ourselves as to all conditions under which the above named work must be
performed, hereby offer to execute, complete and maintain the whole of the above mentioned
work including its ancillary works associated therewith, in accordance with the said contract
documents, including the addenda indicated above, a tender price of Rs. __________
(Rupees) ______________________________________ or such other sums as may be ascertained
in accordance with the said conditions of contract and the rates, and the prices set forth in the bid
schedule.
2. As security for the due performance of the undertaking and obligations of this tender I / we
submit herewith a deposit at call receipt No. ___________________________________________
Dated ___________________ in the amount of Rs. _____________________________________
(Rupees) _______________________________________________________________________
From the _________________ Bank ________________ Branch__________________ drawn in
your favour or made payable to you as earnest money, the full value of which will be absolutely
forfeited to UOG without prejudice to any other rights or remedies of the said University, should I /
we withdraw or modify the tender within its validity period of sixty (60) days, following the date of
receipt of tender.
3. I / we understand that if my/our tender is accepted, the full value of the earnest money as
attached with the tender shall be detained by UOG towards the amount of security deposit
specified in clause 48 of the said conditions of contract and item (d) of the memorandum of work.
4. Should this tender be accepted by you I / we hereby undertake:-
a) To sign all the necessary documents for entering into contract agreement in the form set
out in the contract document within fifteen (15) days following your notification of such
acceptance.

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b) To commence the work within the stipulated time named in item (f) of memorandum
hereto annexed following the date of issuance of your order to proceed with or the handing over of
the site, whichever is later and in the event of my /our failure to do so, the entire amount of
earnest money deposited by me /us for which deposit at call receipt is enclosed herewith is to be
absolutely forfeited to the UOG. On the commencement of the work, I /we hereby also agree to
abide by and fulfill all the terms or provisions of the said conditions of the contract annexed hereto
so far as applicable and in default thereof, to forfeit and pay to Government the sums of money
mentioned in the said conditions.
c) To complete and deliver the whole of the work comprised in the contract within the time
stipulated in item No. (g) of the memorandum hereto annexed, subject to such extension in the
time limit as may be granted under the conditions of contract.
d) The furnishing of performance security under item (h) of the memorandum annexed
hereto, in the sum equal to 5 (five) percent of the cost of the work in the same form and on the
same conditions as are prescribed by and to the satisfaction of the Engineer-in-charge.
5. I /we also agree that when materials and / or equipment for the work are provided by the
UOG to be paid for them shall be as provided in appendices annexed hereto.
6. I /we agree to abide by this tender for the period of thirty (30) days following the date set
for receiving of tenders and it shall remain binding upon me / us and may be accepted by you at
any time before the expiration of that period.
7. Unless and until a formal agreement is prepared and executed, this tender, together with
your written acceptance thereof, shall constitute a binding contract between us, and shall be
deemed for all purposes to be the contract agreement.
8. I / we understand that you are not bound to accept the lowest or any tender you may
receive, and that you will not defray any expenses incurred by me / us in tendering.
Thanking you,
Yours Faithfully,

________________________
(Signature of tenderer)
Name _______________________
Address _____________________
______________________
Dated this _______________ Day
Of __________________ 2013
The above tender is hereby accepted by me on behalf of University of Gujrat.

______________________
(Signature of Director Works)

Department _______________

In case the above address is changed, the contractor will immediately notify in writing to the Director Works,
his new address.

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MEMORANDUM OF WORK
(To be filled in by the UOG Department)
(a) General Description _________________________________________________________
(if several sub works are included, they should be detailed in a separate sheet)
__________________________________________________________________________
__________________________________________________________________________
(b) Estimate cost Rs. ____________________________________________________________
_____________________________________________________________
(c) Amount of earnest money to accompany the tender Rs. ____________________________
(to be furnished by the tenderer in the shape of deposit at call from a scheduled Bank of
Pakistan)
(d) Percentage of security deposit to be retained from the bills.
i. On the amount of work done upto Rs. 5 million = ten (10) percent
ii. On the amount of work done beyond Rs. 5 million = five (5) percent

(e) Minimum amount of interim running bills Rs. _____________________________________

(f) Mobilization period ______________________________________________________days
(g) Time allowed to complete the work after the expiry of mobilization period ________ days.
(h) Amount of performance security of Rs ________________________________________ in
the form of Bank Guarantee (see contract conditions clause 7 and general direction 26 (A),
five (5) percent of the accepted tender price in case of tenders with cost exceeding Rs. 50
millions and as per condition 26(A) for all tenders.
(i) Period of maintenance (after the date of issuance of certificate of completion)
_______________________________________________

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BID SCHEDULE

Name of Work _________________________________________________________________________________________________________________________________________

S.No Description of item Estimated Quantity Unit of Rates Amount

Rs.

1. Standardized Rates for the ______________ Biannual _______________

2. Non standardized Rates:______________________________________________________________________

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BID SCHEDULE

NAME OF WORK ______________________________________________________________________________________________________________________________________________

S. NO Pay item No. or Description of item Estimated Quantity Unit of Rates Unit Rate Amount
reference to special (to be filled in by the (to be filled in by the
specification supplied contractor) contractor)
In words

1 2 3 4 5 6 7 8

Total cost of other / Item Rates. Rs. __________

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BID SCHEDULE (contd)

NAME OF WORK _______________________________________________________________________________________________________________________________________________

Total tendered amount of the work
(To be filled in by the Tenderer)

Grand Total Rs. ______________________________

(In words) Rupees _____________________________

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GENERAL CONDITIONS OF CONTRACT

DEFINITIONS AND INTERPRETATIONS

Definitions Clause 1

In the contract (as herein after defined) the following words and expressions shall have the meaning
hereby assigned to them, except where the context otherwise requires:-
1) “Agent” means the person appointed by the contractor to act on his behalf in his absence;
2) “Certificate of completion” means the certificate of completion given by the Engineer-in-
charge pursuant to clause 40 of these conditions;
3) “Contract” means the contract agreement, the documents set out therein and includes the
conditions of contract, the tender and acceptance thereof, the specifications, the drawings,
the bid schedule, schedule of rates and the prices;
4) “Contractor” means the person or persons, firm or company whose tender has been
accepted by the Engineer-in-charge, and shall include the contractor’s duly authorized
representative, successors and assigns;
5) “Contract price” means the sum named in the tender, subject to such addition thereto or
deductions there from as may be made under the provisions of the contract;
6) “Constructional Plant” means all appliances, or things required in or about the execution,
completion, or maintenance of the works or temporary works, but does not include the
materials or other things intended to form or forming part of permanent or temporary
works;
7) “Drawings” means the drawing(s) referred to in the contract documents and any
modifications of such drawing(s) as may from time to time be furnished or approved in
writing by the Engineer-in-charge;
8) “Engineer-in-charge” means the Director Works or any other officer who for the time being
and from time to time is in charge of the works and includes an officer appointed by the
UOG to act as Engineer-in-charge for the purposes of the contract;
9) “Government” means the Government of the Punjab;
9-a) “UOG” means University of Gujrat
9-b) “Item Rates” means the rates determined on the basis of the market rates system(MRS)
introduced by the Government in replacement of the Composite Schedule of Rates 1998
through Finance Department Notification NO. R.O (Tech.) F.D.2-3/2004 dated:02-08-2004

10) “Period of maintenance” means the period during which the contractor is obliged to
guarantee the work or defined portions of work against defect and during which he is
obliged to perform any maintenance procedure that may be specified by the Engineer-in-
charge and shall be calculated from the date of the certificate of completion given by the
Engineer-in-charge in accordance with clause 40 hereof or in the event of more than one
certificate having been issued by the Engineer-in-charge under the said clause from the
respective dates so certified;
11) “Maintenance” means the repairs, amendment, reconstruction and includes the
rectification of defects imperfections, shrinkages and other faults except fair wear and tear
as may be required of the contractor in writing by the Engineer-in-charge during the period
of maintenance;
12) “Programmed of work” means the programme of work submitted by the contractor and
approved by the Engineer-in-charge and includes and amendment thereto made from time
to time and approved by the Engineer-in-charge.
13) “Site” means the lands and other places on, at, over, under, in or through which the works
are to be executed or carried out in pursuance of the contract or any adjacent land, or part
or street, which may be allotted or used for the purpose of carrying out the contract or any
lands or places provided by the Engineer-in-charge for the purpose of the contract together

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with such other places as may be specifically designated in or pursuant to the contract as
forming part of the site;
14) “Specifications” means the specification referred to in the tender and any modification
thereof or addition thereto as may from time to time be furnished or approved in writing by
the Engineer-in-charge;
15) “Temporary Works” means all temporary works of every kind required in or about the
construction, completion or maintenance of the works;
16) “Works” means the works to be executed in accordance with the contract and includes any
permanent work as required for the performance of the contract.

Clause 2

The marginal headings, the words, notes, titles and phrases used in
Marginal headings for these general conditions and documents attached hereto, are strictly
information only for information and direction of the reader with regard to the contents
of the said documents and shall by no means be invoked for
interpretation of the said clauses nor shall they be deemed to be part
thereof or be taken into consideration in the interpretation or of the
contract.

Clause 3
The term “Director Works” used in the contract and the documents
Term to include attached thereto, shall be taken to include the terms “Deputy
Designation of
Director Works” or the holder of the corresponding posts in relation
Corresponding Post
to the work.

CONTRACT DOCUMENTS
Clause 4
Except if and to the extent otherwise provided by the contract, the
conditions of contract and additional conditions annexed hereto shall
prevail over those of any other document forming part of the
contract. Subject to the foregoing, the several documents forming the
contract are to be taken as mutually explanatory of one another but
in case of any error, omission, ambiguity or discrepancy is found
between these documents, the same shall be reported to the
Engineer-in-charge who shall correct such error or omission or explain
Documents Manually and adjust the ambiguity or discrepancy, as the case may be, and shall
Explanatory
thereupon issue to the contractor instructions directing in what
manner the work is to be carried out, . Provided always that if in ; the
opinion of the Engineer-in-charge compliance with any such
instructions shall involve the contractor in any expenses which by
reason of any such error, omission, ambiguity or discrepancy, the
contractor did not have reasons to anticipate, the Engineer-in-charge
shall pay such additional sums as he shall certify to be reasonable to
cover such expenses. Provided further that any work done by the
contractor, which perpetuates or adds to any error, omission,
ambiguity or discrepancy, already discovered and pointed out, shall
be considered to have been done at the contractor’s own risk.

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Clause 5
1) The drawings shall remain in the sole custody of the Engineer-in-
charge but two sets of the detailed or working drawings will be
obtained by the contractor free of cost from the Engineer-in-charge
Custody of Drawings after acceptance of his tender. The contractor shall provide and make
at his own expense any further copies required by him. On the
completion of the contract, the contractor shall return to the
Engineer-in-charge all drawings provided to him under the contract.
2) If so instructed , the contractor shall undertake not to disclose details
of classified drawings, other than to men in his employ and will give
Classified Drawings an undertaking to the Engineer-in-charge that these drawings are not
replicated or passes on to others or used by any other agency /
person.
3) One copy of the drawings furnished to the contractor as aforesaid
shall be kept by the contractor at site and the same shall at all
One copy of Drawing to
be kept on site reasonable times also be made available for inspection and used by
the Engineer-in-charge or by any of his superior officer or by any
person authorized by the Engineer-in-charge in writing.
4) The Engineer-in-charge shall supply to the contractor, from time to
time during the progress of the works, such further drawings and
Further Drawings and
instructions as shall be necessary for the purpose of the proper and
instructions
adequate execution and maintenance of the works, and the contactor
shall carry out and be bound by the same. The contractor shall give
adequate notice in writing, to the Engineer-in-charge of any such
further drawing and instructions that contractor may require for
execution of works or otherwise under the contract.

GENERAL OBLIGATIONS
Clause 6
The contractor shall, when called upon so to do by the Engineer-in-
Contract agreement
charge enter into and execute a contract agreement in the form
annexed.
Clause 7
The contractor shall (a) within 15 days of the receipt by him of the
Performance Security
notification of the acceptance of his tender furnish to the Engineer-in-
charge in cash, Bank draft, Cashier’s Cheque or payment order or
Bank Guarantee from the bank of Punjab or any scheduled bank of
Pakistan, the amount to make up the full performance security where
required and specified in the tender, and / or (b) permit UOG at the
time of making and payment to him for work done under the contract
deduct such sum as specified in item(h) of memorandum and moneys
or deductions so paid or made shall be held as additional security
deposit. All compensation or the sums of money payable by the
contractor under the terms of this contract may be deducted from, or
paid by the sale of sufficient part of his performance security, and in
the event of his performance security reduced by reason of any such
deduction or sale as aforesaid the contractor shall within ten days
thereafter make good in cash or other securities as aforesaid and sum
or sums which may have been deducted from, or raised by sale of
performance security or any part thereof.

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If the amount of the performance security is not furnished within the

period specified at (a) above, the tender already accepted shall be
considered as cancelled and the tender security will be confiscated by
the Engineer-in-charge. The performance security deposit lodged by a
contract (in cash or other form or retained in installments from his
bills) shall be refunded to him after the expiry of three months from
the date on which the work is accepted, or along with the final bill if it
is prepared after that period on account of some unavoidable
circumstances.

Clause 8
i) The contractor shall if so required by the Engineer-in-charge submit in
writing to the Engineer-in-charge within the period specified by him
for his approval a Programme showing the order of procedure and
Programme of work to be the method in which he proposes to carry out the works. The time
furnished it so required and progress chart shall be prepared indirect relation to the; time
by Engineer-in-charge period started in item (g) of the memorandum hereto annexed for;
the completion of individual items thereof and the works as a whole.
It shall indicate the forecast of the date for commencement and
completion of various trade processes or section of the works, and
shall be amended as may be required by agreement between the
Engineer-in-charge and the contractor within the limitation of time
imposed in the contractor documents.
ii) The contactor shall also, whenever required by the Engineer-in-
charge, furnish for his information full particulars in writing of the
organization and staff by which he proposes to direct and administer
his performance of the contract and also such further information
concerning the contractor’s arrangements for the carrying out the
work and of the constructional plants or temporary works which the
contractor intends to supply, use or construct, as the case may be.
iii) The submission to and approval by the Engineer-in-charge of such
Programme, or the furnishing of such particulars or information shall
not relieve the contactor of any of his duties or responsibilities under
the contract
iv) In the event of the non-submission of the Programme or revised/
amended programme of work by the contractor for approval by the
Engineer-in-charge within the period specified by the Engineer-in-
Action when Programme
not submitted in time charge, the contractor shall be liable to pay as compensation an
amount, equal to ¼ % per day or such smaller amount as the
Engineer-in-charge (whose decision in writing shall be final) may
decide on the total tendered amount of the work, subject to
maximum of 2% of contract amount.

Clause 9
The contractor shall be responsible for the true and proper setting
out of the work in relation to original points, lines and levels of
reference given by the Engineer-in-charge in writing and for the
correctness (subject as above mentioned) of the position, levels,
dimensions and alignments of all parts of the works and for the
Setting out
provision of all necessary instruments, appliances and labour in
connection therewith. If at any time during the progress of the work,

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any error shall appear or arise in the position, levels, dimensions, or

alignment or any part of the works, the contractor on being required
so to do by the Engineer-in-charge, shall at his own expense, rectify
such error to the satisfaction of the Engineer-in-charge unless such
error is based on incorrect data supplied in writing by the Engineer-in-
charge in which case the expenses of rectifying the same shall be
borne by the Government. The checking of any setting out or of any
line or levels by the Engineer-in-charge shall not in any way relieve
the contractor of his responsibility for the correctness thereof, and
the contractor shall carefully protect and preserve all points, marks,
lines, levels, bench marks, site-rails, pegs, slope stakes, batten boards
for location, and other things used in setting out the works.

Clause 10
The contractor shall execute the whole and every part of the works in
Work to be executed in
the most substantial and workman-like manner, and both as regards
accordance with the
specification drawings material and otherwise in every respect in strict accordance with the
orders etc specification. The work executed by the contractor shall also conform
to the design(s) and / or 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 propose of inspection during
office hours. The contractor shall, if so required; be entitled at his
own expenses to make or cause to be made copies of specifications,
and of all such designs, drawings and instructions as aforesaid.
Clause 11
In the case of any class of work for which there is no such
Action where no specification as mentioned in para-2 of general directions for the
specifications are guidance of the tenderer annexed hereto, such work shall be carried
provided out in accordance with the prescribed standard specifications, and in
the event of there being no such specifications, in accordance with
the specification attached with the tender, if however, there is no
standard specification or specifications attached with the tender, the
work shall be carried out, in all respects in accordance with the
instructions and requirements of the Engineer-in-charge.

Clause 12
All works to be executed under the contract shall be executed under
Work to be under
the directions and subject to the approval in the respects, of the
direction of Engineer-in-
charge Engineer-in-charge 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.

Clause 13
i) In the event of night work being carried on, the contractor shall
Lighting at Night work
provide and maintain such good and sufficient lights as will enable the
work to proceed with satisfactorily and without danger. Similarly, the
approach to the site and works where the night work is being carried
out shall be efficiently lighted. All arrangements adopted for such
lighting shall be to the satisfaction of the Engineer-in-charge.
ii) The contractor shall in connection with the works provide and
Watching and Lighting
maintain at his own cost all lights, warning lights, caution boards,

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attendants, guard fencing and watch men, when and where necessary
or required by the Engineer-in-charge, for the protection of the works
or for the safety and convenience of the public or others.

Clause 14
The contractor is expected to make himself acquainted with the
Arrangements to
weather conditions, etc, and make his arrangements in such a manner
safeguard danger to
that unfinished work is not in danger from storms, floods, etc. A claim
unfinished work
by the contractor for a loss caused by any such eventuality will not be
entertained by the UOG.
Clause 15
The contractor shall supply at his own cost all materials (except such
material, if any as may in accordance with the contract be supplied
from the departmental store) constructional plants, tools, appliances,
Contractor to supply implements, ladder, cordage, tackles, scaffoldings and temporary
plant, leaders, scaffolding, works, requisite or proper for the execution of the works, whether
etc
original, altered or substituted, and whether included in the
specifications or other documents forming part of the contract
referred to in these conditions or not, or which may be necessary for
the purpose of satisfying or complying with the requirements of the
Engineer-in-charge as 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 material necessary for the purpose of
Contractor liable to pay setting out works, and counting, weighing, and assisting in
damages arising from measurement or examination at any time, and from time to time of
non-provision of lights the work or materials. Failing his so doing the same may be provided
fencing etc. 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. 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
defense of every suit action or other proceedings at law that may be
brought by any person for injuries sustained by him owing to neglect
in taking the above precautions and to pay any damages and costs
which may be awarded in any such suit, action or proceedings to any
such person, or which may with the consent of the contractor be paid
to compromise any claim by any such person.

Clause 16
The contractor shall give not less than five days notice in writing to
the Engineer-in-charge or his subordinates 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
Notice to be given before covered up or placed beyond the reach of measurement and shall not
the work is covered up 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. If any work is covered up or placed
beyond the reach of measurement, without such notice having been

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given and consent obtained the same shall be uncovered at the

contractor’s expenses, and no payment or allowance shall be made
for such work or the materials with which the same was executed.

Clause 17
1)
The contractor shall provide and employ on the site for the purpose
of and in connection with the execution and maintenance of the work
under the contract:-
a) Only such engineer and technical assistance as are skilled and
Contractor’s employees experienced in their respective callings, and such sub-agents,
foremen and leading hands as are competent to give proper
supervision of the work, they are required to supervise, and
b) Such skilled, semi-skilled and unskilled labour as is necessary
for the proper and timely execution and maintenance of
works under the contract.
The Engineer-in-charge shall have full powers at all times to object to
2) i)
the employment and to require the contractor to remove forthwith
from the site, the agent, workman, foreman or any other person
Removal of Contractor’s employed by the contractor or any sub-contractor, who in the opinion
employees of the Engineer-in-charge misconducts himself or is incompetent or
negligent in the proper performance of his duties or whose
employment is otherwise considered by the Engineer-in-charge to be
undesirable, and the contractor shall comply with the request
forthwith.

No such agent, workman, foreman or other employees after his

ii) removal from the work by request of the Engineer-in-charge shall be
re-employed or reinstated by the contractor for the purposes of and
in connection with the contract at any time, except with the prior
approval in writing of the Engineer-in-charge.

Clause 18
(a) The contractor shall employ for each contract, whole time qualified
technical personnel to the satisfaction of the Engineer-in-charge for
Whole time Qualified
technical personnel for the supervision of the work at the scale give below;-
supervision of work On contracts valuing;-
i) Upto Rs. 7.5 million One diploma engineer
ii) Exceeding Rs. 7.5 million One senior graduate engineer and
One junior graduate engineer
If the contractor fails to employ the qualified technical personnel to
(b)
the above scale, the Engineer-in-charge shall, after giving the
contractor 15 days notice to this effect, have the option to employ to
make up the deficiency in the number of such persons at the risk and
cost of the contractor.
Clause 19
The contractor shall in accordance with the requirements of the
Engineer-in-charge afford all reasonable opportunities for carrying
out the work by any other contractor(s) / specialist contractor(s)
Opportunities for other
contractor executing a part of the original work or ancillary to the work,
employees / workmen of such contractor(s) or those of the UOG, who
may be employed in execution of, or near the site of work not
included in the contract. If, however, the contractor provides any
material services / assistance or facilities to any such contractor or to
the UOG or the written request of the Engineer-in-charge, he shall be

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paid a reasonable sum as determined by the Engineer-in-charge or

paid according to provision in bid schedule if already made therein.

Clause 20
1) The contractor shall indemnify and keep indemnified the UOG against
all losses and claims for injuries or damage caused to any person or
Damage to persons and
property any property whatever, (other than surface or other damage to land
or crops being on the site suffered by tenants of occupants) 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 whatever in
respect of or in relation thereto. Provided always that noting herein
contained shall be deemed to render the contractor liable for, or in
respect of or to indemnify the UOG against any compensation or
damages for or with respect to:-

The permanent use or occupation of land by the works or any part

a)
thereof or (save as hereinafter provided) surface or other damage as
aforesaid.

b)
The right of the UOG 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 or light,

air, way or water, or other assessment of quasieasement 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 done or committed during the currency of the contract of the
UOG, its agents, servants or other contractors (not being employed by
the contractor) or for or in respect of any claims, demand ,
proceedings, damages, costs, charges, and expenses in respect
thereof or in relation, thereto.

Provided further that for the purposes of this clause the expression
“the site” shall be deemed to be limited to the Area define in the
specification or shown on the drawings in which land and crops will
be disturbed or damaged as inevitable consequence of carrying out
the works.

The UOG will indemnify the contractor for and against all claims,
2)
demands, proceedings, damages, costs, charges and expenses in
Indemnity by the UOG respect of the matters referred to in the provision to sub-clause (1) of
this clause.

Note: The limit of various departments for the application of this

clause is as follows:-

1) Buildings Contracts exceeding Rs. 5 Million

2) Public Health Engineering Contracts exceeding Rs. 5 Million
3) Highways Contracts exceeding Rs. 10 Million

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4) Irrigation The clause would not apply

5) Housing and Physical Planning Contracts exceeding Rs. 5 Million

The clause may be adopted in contracts of smaller amount wherever

so directed by the Vice Chancellor.

Clause 21
All works under or in the course of execution or executed in
Work to be open to
pursuance of the contract, shall at all time be open to inspection and
inspection
supervision of the Engineer-in-charge or his subordinate, and the
contractor shall at all times during the usual working hours and at all
other times for which reasonable notice of the intention of the
Contractor or his
responsible agent to be Engineer-in-charge, his senior of his subordinate to visit the works
present shall have been given to the contractor, either himself be present to
receive orders and instruction or have an agent, duly accredited in
writing present for that purpose. Orders given to the contractor’s
agent shall be considered to have the same force as if they have been
given to the contractor himself.
Clause 22
i The contractor shall give all notices, and at his own cost pay all fees,
required to be given or paid by any national or state statute,
Giving of notices and
ordinance or other laws any regulation or by–laws of any local or
Payment of fees
other duly constituted 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.

ii
The contractor shall conform in all respects with the provisions of any
such federal, provincial and local statutes, ordinance or law as
Compliance with statutes aforesaid and the regulations or by-laws of any local or other duly
regulations etc.
constituted authority, which may be applicable to the works, or to
any temporary works and with such rules and regulations of Public
Bodies and companies as aforesaid and shall keep the UOG
indemnified against all penalties and liabilities of every kind for
breach of any such statutes, ordinance or law, regulation of by-laws.

The contractor shall be responsible for the payment of all income tax,
iii super tax and other Government or local taxes arising out of the
contract, which shall not be reimbursed to him by the UOG and the
Payment of income tax
and other taxes. rates and prices stated in the bid schedule shall be deemed to cover
all such taxes.

Clause 23
The cost of various bonds to be entered into and executed between
Cost of bonds
the contractor and the Engineer-in-charge shall be in all respects, at
the expense of the contractor.

Clause 24
Change in the In the case of tender by partners, any change in the constitution of
constitution of firm the firm, joint venture, company or corporation shall be forthwith
notified by the contractor to the Engineer-in-charge for his
information.

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Clause 25
Photographs and Photographs of the works shall be taken by permission of the
advertisements Engineer-in-charge. Only signs or other advertisement approved by
the Engineer-in-charge may be displayed at or near the works.
Photographs of the works shall not be published without prior written
approval of the UOG, which shall not be unreasonably withheld.

ASSIGNMENT AND SUB-LETTING

Clause 26
The contractor shall not assign the contract or any part thereof or any
Assignment
benefit or interest therein or there under without the prior written
consent of the Engineer-in-charge.

Clause 27
the contractor shall not sublet the works or any parts thereof except
Subletting
where otherwise provided by the contract, without the prior written
consent of the Engineer-in-charge and such consent, if given , shall
not relieve the contractor from any liability or obligation under the
contract and he shall be responsible for the acts, defaults and
negligence of any sub-contractor, his agents, servants or workmen as
if they were the acts, defaults or neglects of the contractor, his
agents, servants or workmen. Provided always that the provision of
labour as a piece work basis shall not be deemed to be a subletting
under this clause.
Clause 28
1) All materials and workmanship shall be of the respective kinds
Quantity of material and described in the contract and in accordance with the instructions of
workmanship and tests
the Engineer-in-charge and shall be subjected from time to time to
such tests as the Engineer-in-charge may direct at the place of
manufacture or fabrication or on the site or at all or any of such
places. The contractor shall provide such assistance, instruments,
machines, labour and material as are normally required for
examining, measuring and testing any work and the quality, weight or
quantity of any material used and shall supply samples of material
before incorporation in the works for testing, as may be selected and
required by the Engineer-in-charge.

All samples shall be supplied by the contractor at his own cost if the
2)
Cost of samples
supply thereof is clearly intended by or provided for in the
specifications or bill or quantities but if not then at the cost of the
UOG.

The cost of making any test shall be borne by the contractor if such
3)
Cost of tests
test is clearly intended by or provided for in the specification or bill of
quantities and (in the cases only of a test under load or of a test to
ascertain whether the design or any finished or partially finished work
is appropriate for the purpose which it was intended to fulfill) is
particularized in the specifications or bill of quantities in sufficient
detail to enable the contractor to price or allow for the same in his
tender.

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4) If any test is ordered by the Engineer-in-charge which in either:-

a) Not so intended by or provided for ; or
Cost of tests etc. not
provided for b) (in the cases above mentioned) is not so particularized; or
c) Through so intended by or provided for is ordered by the
Engineer-in-charge to be carried out by an independent
person at any place other than the site or the place of
manufacture or fabrication of the material tested.
Then the cost of such test shall be borne by the contractor if the test
shows the workmanship or materials not to be in accordance with the
provisions of the contract or the instructions of the Engineer-in-
charge but otherwise by the UOG.

Clause 29
Before any construction material fitting is brought to the site of work,
Constructional material
the contractor shall submit to the Engineer-in-charge representative
fittings, etc .to conform to
representative samples samples of the material fitting, etc. he proposes to use. The samples
approved by Engineer-in- after approval will be retained by the Engineer-in-charge in his
charge custody the contractor shall be responsible for ensuring that
materials and fittings, etc. conforming to such samples are used
throughout the contract, failing which the material fittings, etc. will
not be accepted and shall be removed forthwith from the site of work
if so desired by the Engineer-in-charge.
Clause 30
If the specification or the estimate of the work provides for the use of
Store to be supplied by
any special description of material and equipment to be supplied
Government
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 , stores and equipment and the prices to be
charged therefore as hereinafter mentioned being so far as
practicable for the convenience of the contractor but not so as in any
way to control the meanings or effect of this contract specified in the
schedule of memorandum hereto annexed), the contractor shall be
supplied with such materials and stores as required from time to time
to be used by him for the purpose 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 due or to become due, to the contractor,
under the contract or otherwise; or against or from the security
deposit. All materials supplied to the contractor shall remain the
absolute property of the Government , and shall not , on any account
be removed from the site of works without the written permission of
the Engineer-in-charge, and shall at all times be open to inspection of
the Engineer-in-charge, any such material unused or in perfectly good
condition at the time of the completion or termination of the
contract shall be returned to the Engineer-in-charge ‘s store, if by a
notice in writing under his hand he shall so require; but the contractor
shall not be entitled to return any such materials unless with such
consent, and shall have no claim for compensation on account of any
such materials so supplied to him, as aforesaid being unused by him,
or for any wastage in or damage to any such materials.

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Clause 31
Action and compensation If it shall appear to the Engineer-in-charge or to his subordinate in
payable in cases of bad charge of the work, that any work has been executed with unsound,
work.
imperfect, or unskillful workmanship or that any materials or articles
provided by him for the execution of the work are unsound, or of a
quality inferior to that contracted for, or otherwise not in accordance
with the contract the contractor shall on demand in writing from the
Engineer-in-charge specifying the work, materials or articles
complained of not withstanding that the same may have been
inadvertently passed, certified and paid for, forthwith rectify, remove
and reconstruct the work so specified in whole or in part, as the case
may require, or as the case may be, remove the materials or articles
so specified and provide material as originally contracted or articles at
his own proper charge and cost, and in the event of his failing to do so
within a period to be specified by the Engineer-in-charge in his
demand aforesaid, then the Engineer-in-charge may rectify or remove
and re-execute the work, remove and replace with others, the
materials and articles complained of, as the case may be , by his own
workman or by other contractor and recover from the contractor
towards the cost thereof a sum equal to the sum actually incurred by
the Engineer-in-charge (whose certificate as to the amount of the
work shall be final and binding on the parties plus departmental
charges on the amount so incurred equal to ten (10) percent or such
small amount as the Engineer-in-charge (whose decision in writing
shall be final) may decide, and deduct the same from any money due
or that becomes due to the contractor under this contract or on any
account whatsoever, due by Government to the contractor.
Measures of rectification will be decided by the Engineer-in-charge
and may include additional work necessary to strengthen or set right
the unusual work carried out by the contractor.
Clause 32
The contractor shall employ labour, provide all facilities and pay
Applications of labour
wages to his work people or employees in accordance with the labour
laws and rules
laws or enactments relating thereto and rules framed there under,
inforce from time to time.
Clause 33
1) In every case in which by virtue of the provision of section 12, sub
section (1) of the workman’s Compensation Act 1923, UOG is obliged
Contractor liable for
to pay compensation to a workman employed by the contractor in
payment of compensation
to injured workman or in
execution of the work, UOG will recover from the contractor the
case of death to his amount of the compensation so paid and without prejudice to the
relations. rights of the UOG under section 12, sub section (2) of the said Act.
UOG 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 UOG
to the contractor, whether under the contract or otherwise.

UOG shall not be bound to contest any claim made against under
section 12, sub section (1) of the said Act, except on the written
2) request of the contractor and upon his giving to the UOG full security
for all costs for which UOG right become liable in consequence of
contesting such claims.

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Clause 34
i. No contractor shall use donkeys or other animals with breaching of
Use of donkeys and other string or thin rope. The breaching must be at least 75 mm wide and
animal should be of tape (Nawar).

No animal suffering from sores, lameness or emaciation or which is

ii. immature shall be used on the work.

COMMENCEMENT, TIME AND DELAYS

Clause 35
Commencement of work The contractor shall commence the work on the site within the
period named in the memorandum after the receipt by him of an
order in writing to this effect from the Engineer-in-charge and shall
proceed with the same with due diligence and without delay, except
as may be expressly sanctioned or ordered by the Engineer-in-charge
or be wholly beyond the contractor’s control.
Clause 36
Time for completion Subject to any requirement in the specification as to the 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
memorandum or such extended time as may be allowed under clause
37 thereof.
Clause 37
Extension of Time for If by reasons of the amount of extra or additional work of any kind or
completion variation of from, quality or quantity of the works or any part thereof
ordered by the Engineer-in-charge or on the ground of his having
been unavoidable hindered in the execution of the work or on any
other ground or other special circumstances of any kind whatsoever,
or any cause beyond the reasonable control of the contractor, the
work is delayed or impeded or the contractor prevented from
whether by the Engineer-in-charge or otherwise howsoever , or
hindered in the execution or completion of the work or any part
thereof, whether such delay or impediment or prevention or
hindrance occurs before or after the time or extended time fixed for
completion the contractor shall apply in writing to the Engineer-in-
charge within thirty days of the date of such circumstances, the full
and detailed particulars of the claim on account of which he desires
an extension as aforesaid. The reasonable grounds shown therefore
by the contractor are such as fairly to entitle the contractor to an
extension of time for the completion of the work, authorize him from
time to time in writing, either prospectively or retrospectively, such
extension of time for the completion of the work or any part thereof,
as may in his opinion be necessary or proper.

Clause 38

No work at night or on Subject to any provision to the contrary contained in the contract,
Sundays /Public Holidays none of the permanent work shall save as here in after provided be
carried on during the night or on Sundays or public holidays without
the permission in writing of the Engineer-in-charge save when the
work is unavoidable or absolutely necessary for the saving of life or

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property or for the safety of the works in which case the contractor
shall immediately advise the Engineer-in-charge. Provided always that
the provisions of this clause shall not be applicable in the case of any
work which it is customary to carry out by rotary or double shifts.
Clause 39
a) The time allowed for carrying out the work as entered in the tender
Compensation for delay shall be strictly observed by the contractor. The work shall
throughout the stipulated period of the contract be proceeded with
all due diligence in accordance with the programme of work as
approved by the Engineer-in-charge or any amended programme of
work approved by the Engineer-in-charge from time to time (time and
quality 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 percent of the amount of contract, subject to
maximum of 10% or such smaller amount as the Engineer-in-charge
(whose decision in writing shall be final) may decide, on the amount
of the estimated cost stated in item (b) of the memorandum of work
annexed hereto for every day that the work remains un commenced
or unfinished after the proper date.

b) In order to ensure good progress during the execution of work the

contractor shall be bound, in all cases in which time allowed for any
Rate of progress work exceeds thirty days, to complete each part of the work or its
component, as per programme of work or any revision or amendment
to it approved by the Engineer-in-charge. In the event of the
contractor failing to comply with this condition, without sufficient
reasons acceptable to the Engineer-in-charge, he shall be liable to pay
as compensation an amount equal to one per cent or such smaller
amount as the Engineer-in-charge (whose decision in writing shall be
final) may decide on the estimated cost of the work as named in the
item (b) of the memorandum hereto annexed for every day that the
due quantity of work remains incomplete. Provided always that the
entire amount of the compensation to be paid under the provisions of
this clause shall not exceed ten percent of the estimated cost stated
in item (b) of the memorandum of work annexed hereto.
c)
If the funds required for completion of contract are not provided
Compensation for within two years of the stipulated date of completion, contractor may
inadequate funds
ask for finalization of his contract. All recoveries due from contractor
(mobilization, secured advance, machinery hire charges, etc) will be
made before finalization of contract.

CERTIFICATE OF COMPLETION
Clause 40
Certification of Without prejudice to the right of the UOG under any such clause(s)
completion of work herein contained, as soon as in the opinion of the Engineer-in-charge ,
the works shall have been substantially completed and shall have
satisfactory passes any final test that may be prescribed by the
contract, the Engineer-in-charge will issue to the contractor a
certificate of completion in respect of work, and the period of
maintenance of work shall commence from the date of such

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certificate, provided that the Engineer-in-charge may give such a

certificate with respect to any independent part of the works before
the completion of the whole of the works, and when any such
certificate is given in respect of such 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 shall not be deemed to
certify completion of any ground or surface requiring reinstatement,
unless such certificate shall expressly so state. Provided further that
no such certificate shall be given nor shall the works or any or tis parts
be considered to be complete until the contractor shall have removed
from the premises on which the works or any such parts shall be
executed, all scaffoldings, surplus materials of all kinds and rubbish,
buildings and other construction material of all kinds and cleaned off
the dirt from all woodwork, doors, windows, walls , floors, or other
parts of any building or buildings, or road work and road structures,
water supply, sewerage or drainage works, sanitary installation, gas
and electric fittings, in , upon or about which the works are to be
executed, or which he may have had possession for the purpose of
the execution thereof, nor until the works shall have been measured
by 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 the removal of scaffoldings, surplus materials of all kinds
and rubbish as aforesaid and cleanings of dirt on or before the date
fixed for the completion of the works, the Engineer-in-charge may at
the expense of the contractor, remove such scaffoldings or surplus
materials of all kinds and rubbish and dispose of the same as he thinks
dirt, and clean off such dirt as aforesaid and the contractor shall
forthwith pay the amount of all expenses so incurred, and shall have
no claim in respect of any such scaffoldings or surplus materials of all
kind as aforesaid, except for any sum actually realized by sale thereof.

ALTERATIONS, ADDITION AND COMMISSIONS

Clause 41
The Engineer-in-charge shall have power to make any alteration in,
Alternation in
omission from, addition to, or substituted for, the original
specifications and
drawings specification, drawing designs and instructions that may appear to
him to be necessary or advisable during the progress of the work, and
the contractor shall be bound to carry out the works in accordance
with any instructions which may be given to him in writing signed by
Alternations omissions of the Engineer-in-charge and such alternations, omission, additions or
substitution do not substitutions shall not invalidate the contract, and any altered,
invalidate the contract additional or substituted work which the contractor may be directed
to do in manner above specified as part of the work, shall be carried
out by the contractor on the same conditions in all respects on which
Extension of time in he agreed to do the main work, and the same rates as are specified in
consequence of
the tender (bid schedule for the main work). The time for the
alterations
completion of the work shall be extended in the proportion that the

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altered, additional or substituted work bears to the original contract

work and the certificate of the Engineer-in-charge shall be conclusive
as to such proportion.

And, if the altered, additional or substituted work includes any item of

work, for which no rate is specified in this contract, then such items of
work shall be carried out at the item rates enforced at the time of
receipt of tenders with reference to which the tender for the work
was submitted by the contractor.

If such altered, additional or substituted item(s) of work is not

entered in the bid schedule or not available in MRS enforced at the
time of receipt, then the contractor shall within seven days of the
date of receipt of the orders to carry out the work inform the
Engineer-in-charge or the rate which it is his intension to charge for
such items of work, and if the Engineer-in-charge does not agree to
Rate of works not in
schedule of rates, bid
this rate, or the approval to this rate (or the negotiated rate, if any ),
schedule or in the is not communicated to the contractor within a period of thirty (30)
estimates days reckoned from the date of receipt by the Engineer-in-charge of
the proposed rate, the Engineer-in-charge shall by a notice in writing
be at liberty to cancel his order to carryout such item of work and
arrange to carry it out in such a manner as he may consider advisable;
provided always that if the contractor shall commence work or incur
an expenditure in regard thereto, before the rate shall have been
determined as lastly hereinafter mentioned, he shall do so at his own
risk and cost.

No deviation from specification stipulated in the contract or

additional items of work shall be carried out by the contractor unless
the rate of the substituted, altered or additional items have been
approved in writing failing which UOG will not be bound to entertain
any claim on this account. The interpretation of the Engineer-in-
charge in the event of any dispute due to any ambiguity in the
specification or nomenclature shall be binding and final.

Clause 42
If at any time after the commencement of the work, the Engineer-in-
No compensation for
charge shall for any reason whatsoever, not require the whole thereof
alteration in or restriction
of work to be carried out, as specified in the tender (bid schedule annexed hereto) to be carried
if variation does not out, or increase or decrease in the quantity of work included in the
exceed 20% contract or omit any such work, or change the contract or quality or
kind of any such work, or change the levels, lines position and
dimensions of any part of the works, or require the contractor to
execute additional work of any kind necessary for the completion of
the work, the Engineer-in-charge shall give notice in writing of this
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 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 he have any claim for
compensation by reasons of any alteration having been made in the

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original specification, drawings, designs and instructions which shall

involve any curtailment or increase of the work, as originally
contemplated; nor shall the contractor be entitled to any adjustment
in the unit rate / price or amount of the contract, if the aggregate
effect of all such alteration, additions omissions or adjustments (other
than those arising out by reasons of price variation under clause 55
hereof) on completion of the whole of the works, does not exceed 20
percent of the sum named in paragraph 1 (one) of this tender.

If, on completion of the whole of the works, it shall be found that a

reduction or increase greater than 20 percent of the sum named in
paragraph 1 of the tender results from the aggregate effect of all
increases, decreases omissions or adjustments (other than those
Variation Exceeding 20%
arising out because of price variation under clause 55 hereof), as a
result of the requirement of the Engineer-in-charge the amount of the
contract price shall be adjusted by such sum(s) as may be determined
by the Engineer-in-charge and the contractor. In the event of
disagreement, the Engineer-in-charge shall fix such sum as shall, in his
opinion, be reasonable and proper, regard being had to all materials
and relevant factors including the contractor’s cost and over heads.

MAINTENANCE AND DEFECTS

Clause 43
1) The period of maintenance mentioned in item (i) of the memorandum
hereto annexed shall be calculated from the date of completion of the
works certified by the Engineer-in-charge in accordance with clause
Period of Maintenance
40 hereof or in the event of more than one certificate having been
issued by the Engineer-in-charge under the said clause, from the
respective dates so certified, and in relation to the period of
maintenance the expression the “work” shall be construed
accordingly.

2)
The works shall at or as soon as practicable after expiration of the
Execution of work of period of maintenance be delivered to the Engineer-in-charge in as
repair etc. good and perfect condition (fair wear and tear
excepted) to the satisfaction of the Engineer-in-charge as that in
which they were at the commencement of the period of
maintenance, the contractor shall execute all such works of repair,
amendment, reconstruction, rectification and making good of
defects, imperfection, shrinkage, other faults as may be required of
the contractor in writing by the Engineer-in-charge during the
period of maintenance or within fourteen days after its expiration
as a result of an inspection made by or on behalf of the Engineer-
in-charge prior to its expiration.

3) All such works shall be carried out by the contractor at

his own expense, if the necessary thereof shall, in the
Cost of execution of
works or repair etc.
opinion of the Engineer- in-charge, be due to use of materials
or workmanship not in accordance with the contract or to

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neglect or failure on the part of the contractor to comply with

any obligation expressed or implied on the contractor’s part
under the contract. If in the opinion of the Engineer-in-charge
such necessary shall be due to any other cause, the value of
such work shall be ascertained and paid for, as if it were an
additional work.

If the contractor shall fail to do any such work as aforesaid,

4) required by the Engineer-in-charge, the Engineer-in-charge
shall be entitled to carry out such work by his own
Remedy of contractor’s
failure to carry out work
workmen or by other contractor(s) and if such work is a work
required which the contractor should have carried out at the
contractor’s own cost, shall be entitled to recover from
the contractor towards the cost thereof a sum equal to the
actual expenditure so incurred by the Engineer-in-charge
(whose certificate as to the amount of the work shall be final
and binding on the parties) and may deduct the same from
any money due or that may become due to the contractor.

Clause 44
If the contractor or his work people, or servant shall break,
deface, injure or destroy an part of a building in which they may
be working or any building, road, road work, road structure,
Contractor liable to make water supply, sewerage and drainage works, sanitary fitting
good damages and for and electric installation, fences, enclosures, water pipes, cables,
any imperfection noticed drains, electric or telephone posts or any works, trees, grass or
during period of
maintenance grass land, or cultivated ground contiguous to the premises
on which the work, or any part of it is being executed, or if
any damage shall happen to the work, while in progress from
any cause whatsoever or any imperfections become apparent in
it within the specified period of maintenance in item No.(i) of
the memorandum hereto annexed after a certificate, final or
otherwise of its completion shall have been given by the Engineer-
in-charge as aforesaid, the contractor shall make the same
good at his own expense, or in default, the Engineer-in-charge
may cause the same to be made good by other workmen and
deduct the expenses (of which the certificate of the Engineer-
in-charge shall be final) from any sums that may then, or at
any time thereafter may become due to the contractor, or from
his security deposit.

ADVANCES TO CONTRACTORS
Clause 45
Should the contractor, whose contract is for finished work
require an advance on the security of material of
Secured advance on imperishable nature brought by him to the site, the
materials brought to site
Engineer-in-charge shall assess the value of such materials
and the contractor may be paid an advance upto an

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amount not exceeding seventy five percent (the decision of

the Engineer-in- charge as to this percentage shall be final) of
the value of the materials assessed by the Engineer-in-charge.
The materials shall remain the property of the UOG and the
contractor shall not remove it from the site without the
written permission of the Engineer-in-charge. The contractor
shall be responsible for any loss to the materials due to the
contractor postponing the execution of the work or to the
shortage of or misuse of the materials and against the
expenses entailed for their proper watch and safe custody.

The recovery of the amount of such advance shall be made

from the contractor’s bill for the work done, as the materials
are used in the work.

PAYMENTS
Clause 46
The contractor shall submit all bills on the form prescribed
by the Engineer-in-charge to be had on application at the
Bills to be on prescribed
office of the Engineer-in-charge and the charges in the bills
form
shall always be entered at the rates specified in the tender
(bid schedule) or in the case of any extra work ordered in
pursuance of the conditions and not mentioned or provided
for the tender, at the rate hereinafter provided for such
works.
Clause 47
The contractor shall submit each month on or before the date fixed
by the Engineer-in-charge a bill, on the basis of measurements
Bills to be submitted carried out by the contractor through his own staff, for all works
monthly
executed in the previous month, and the Engineer-in-charge shall
take or cause to be taken the requisite measurements for the
purpose of having the same verified and the claim, as for as
admissible adjusted, if possible, before the expiry of ten days from
presentation of the bill subject to the condition laid down in item(s)
of the memorandum of work. If the contractor does not submit the
bill within the time fixed as aforesaid, the Engineer-in-charge may
depute a subordinate to measure up the work in the presence of the
contractor or otherwise and the Engineer-in-charge may prepare a
bill from such measurements, which shall be binding on the
contractor in all respect.

Clause 47-A
Payment of items with If a contractor quotes such disproportionate rate in his tender which
imbalance rates deviate from the rate provided in the technically sanctioned
estimate, the payment of items whose rates are lower will be made
at tendered rate(s) in full on the execution of items (s) but the
payment of item whose rates are higher shall be made at the rates
depicted in technically sanctioned estimate, on the execution of such
items, the balance payment shall be withheld by the Engineer-in-
charge till the completion of the work of items for which low rates

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have been quoted.

Clause 48
At the time of making any payment to the contractor for the work
Deduction of security done under this contract, the Engineer-in-charge shall retain from
deposit the amount so payable to the contractor, the amount of security
deposit at the percentage rate specified in item (d) of the
memorandum of work annexed hereto. The earnest money of the
contractor on execution of the contract, will however, be adjusted
toward the amount of such security deposit to be retained from the
amount of his first bill of the work done by him and payable to the
contractor under this contract.
All compensations of other sums of money payable by the contractor
to the UOG under the terms of this contract may be deducted from
the amount of his security deposit of the contract or from any sums
which may be due or may become due to the contractor by the UOG
on any account whatsoever, and in the event of his security deposit
being reduced by such deduction, the contractor shall, within ten
days thereafter, make good in cash any sum or sums which may have
been deducted from his security deposit, or may be made good
through additional deductions from his bill or dues.
Clause 49
If the contractor so desires and makes a written request to the
Conversion of security
Engineer-in-charge to the effect that the amount of security deposit
deposit into profit bearing
securities. retained from the bills of the contractor may be converted into the
recognized form of profit bearing security at the cost of the
contractor, the amount of, security deposit retained from bills of the
contractor shall be deposited in any of the following banks:-
1) National Bank of Pakistan Ltd.
2) Habib Bank Ltd.
3) United Bank Ltd.
4) Muslim Commercial Bank of Pakistan Ltd.
5) Allied Bank of Pakistan Ltd.
6) The Bank of Punjab.
and pledged in the name of the Treasurer UOG.

Clause 50
a) The amount retained as security deposits shall not be refunded to
the contractor before the expiry of six (6) months in the case of
Refund of Security deposit. original works valuing up to Rs. 5 million and twelve 12 months or
even more, as may be determined by the Engineer-in-charge with
the prior approval of the Works Committee UOG, in the case of
works valuing above Rs. 5 million, after the issue of the certificate of
completion of the work under clause 40 hereof by the Engineer-in-
charge provided that in case the contractor is required by the
Engineer-in-charge to rectify any imperfection, damage, defects or
other faults in work, etc. during the period of maintenance, the
security deposit shall not be refunded till the contractor has fulfilled
his obligations under clause 43 and 44 hereof to the satisfaction of
the Engineer-in-charge.

Should the contractor so apply in writing to the Engineer-in-charge

b) the amount of security deposit will be refunded to the contractor
three (3) months after the issue of certificate of completion of work

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by the Engineer-in-charge under clause 40 subject to the production

of bank guarantee from a scheduled bank in Pakistan to the
satisfaction of and in the form suitable to the Engineer-in-charge, for
the same amount covering the balance of period of maintenance, to
the effect that the contractor shall fulfill his obligations under clause
43 and 44 of the contract.

c) Subject to the conditions stipulated in sub-clause (a) of this clause, in

the case of contractors for maintenance and repair works, the
security deposits would be refunded to the contractor after the
expiry of three (3) months of the issue of certificate of completion of
work by the Engineer-in-charge.

Clause 51
The contractor shall on submitting the bill be entitled to receive a
Payment on intermediate monthly payment proportionate to the part thereof then approve
certificate to be regarded and passed by the Engineer-in-charge, subject to the condition laid
as advance. down in item(s) of the memorandum, whose certificate of such
approval and passing of the sum so payable, shall be final and
conclusive against the contractor. But all such intermediate
payments shall be regarded as payment by way of advance against
the final payment only, and not as payment for work actually done
and completed and shall not preclude the requiring of bad, unsound,
imperfect or unskillful 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 part thereof in any respect,
or the accruing of any claim: nor shall it conclude, determine, or
affect in any way the power of 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
Clause 52
Final bill to be submitted The final bill shall be submitted by the contractor within one month
within. one month of the date fixed for completion of the works, otherwise the
Engineer-in-charge's certificate of the measurement and of the total
amounts payable for the works accordingly, shall be final and binding
on all parties.

Clause 53
Procedure for payment to The department may refuse or suspend payment on account of a
firms work when executed by a firm, or by a contractor on described in
their tender as a firm, unless receipts are signed by all the parties, or
one of the partners or some other person producing power of
attorney enabling him to give actual receipts on behalf of the firm.
Clause 54
Sums payable by way of All sums payable by way of compensation under any of these
compensation to be conditions, shall be considered as reasonable compensation to
considered as reasonable
compensation without be applied to the use of Government, without reference to the
reference to actual loss actual loss or damage sustained, and whether or not any damage
shall have been sustained.

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VARIATION IN PRICES OF SPECIFIED MATERIALS

Clause 55
1) Where any variation (increase or decrease), to the extent of 5% or more,
Price Variation in the price of any of the item mentioned in sub-clause (2) below takes
place after the acceptance of tender and before the completion of
contract, the amount payable under the contract shall be adjustable to
the extent of the actual variation in the cost of the item concerned.

No price variation under the clause shall be admissible except in

2) respect of the following items:-
i. Cement
ii. Steel
a) M. S Bars (plain and deformed)
b) M.S. sections.
c) High Tensile steel wire.
d) M.S and G.I. Pipes,
iii. Asbestos Cement Pipes.
iv. P.V.C. Pipes.
v. R.C.C/P.C.C. Pipes.
vi. Bitumen.
vii. High Speed Diesel.
viii. Bricks
a. Bricks
b. Tiles
c. Gutka
ix. Stone aggregate
a. Stone metal for sub base.
b. Stone metal foe base course.
c. Crushed bajjri.
x. labour

3)
The base price for the purposes of calculation of the price variation shall
be the price prevalent in the month during which the last day of the
submission of tender falls.

The price variation under this clause shall be worked out on the basis of
4) the price of the particular item prevalent in a particular District on first
day of each month as per price list of such manufacturers or suppliers at
such places as are notified by the Finance Department from time to time.
The prices of the manufacturer or supplier at the place(s) so notified
shall be applicable to the particular District or the entire Punjab (where
district wise list of manufacturers or suppliers has not been notified).

If no notification in respect of any of the item mentioned in sub-clause

5) (2) is issued under sub-clause (4) no price variation shall be admissible in
respect of that item during that month.

The amount payable or deductible in respect of items No.(i) to (x) of sub-

clause (2) shall be calculated on the basis of the quantity of the item
6)
actually consumed on the work during the month.

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The amount payable or deductible in respect of item No.(v) of sub clause

7)
(2) shall be calculated on the basis of the actual quantity of cement and
steel bars used in the manufacture of the pipes during the month.

8)
No escalation shall be allowed to the contractor in respect of the period
extended for the completion of the work due to his own fault.

If, under the existing codal rules, secured advance is paid on all or any of
9)
the imperishable items mentioned at (ii) to (v) &(vii) to (ix) in sub-clause
(2)above, no price variation shall be admissible on such item(s) in respect
of the quantity or quantities for which secured advance has been paid to
the contractor.

The increase or decrease in the contract price subsequent to any

10) increase or decrease in the cost of high speed diesel shall be calculated
from the increase or decrease in the basic price of high speed diesel
using the following formula:
Increase or decrease = a x VOW x (CPD-BPD) / BPD in contract price.
Where:

VOW= the value of the work for which payment has been certified by
the Engineer-in-charge, executed subsequent to such
increase or decrease in the Basic Price as shall be obtained by
applying the approved unit rates and prices entered in the
measurement book.

CPD= Current price of high speed diesel, and

BPD= Basic price of high speed diesel.

Factor a=0.15 for Highway / Road works &
a=0.07 for Buildings and R.C.C structures &
a=0.07 for Irrigation Works

11) The increase or decrease in the contract price subsequent to any

increase or decrease in the cost of labour shall be calculated from the
increase or decrease in the basic price of labour using the following
formula
Increase or decrease=B x VOW x (CLR-BLR) / BLR in contract price.
Where:

VOW= the value of the work for which payment has been certified by
the Engineer-in-charge, executed subsequent to such increase
or decrease in the Basic Price as shall be obtained by applying
the approved unit rates and prices entered in the
measurement book.
CLR= Current labour rates for unskilled worker (as published by Bureau
of Statistics).
BLR= Basic labour rates of unskilled worker on the date of receipt of
tenders (as published by Bureau of Statistics)
Factor B=0.15 both for building & road works &
Factor B=0.15 for Irrigation works

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CLAIMS OF CONTRACTOR
Clause 56
Bills to be submitted The contractor shall deliver in the office of the Engineer-in-charge on
monthly or before the 10th day of every month during the continuance of the
work covered by this contract a return in such form as the Engineer-
in-charge may from time to time prescribe showing details of any
rate, amount and work claimed as extra, and such return shall also
contain the value of such work which the contractor may consider
himself to be entitled up-to the end of the previous month, which
value shall be based upon the rates and prices mentioned in the
contract (bid schedule) or the rate determined pursuant to clause 41
hereof. The contractor shall include in such monthly returns
particulars of all claims of whatsoever kind and howsoever arising,
which at the date thereof he has or may claim to have, against the
Engineer-in-charge under or in respect of, or in any manner arising
out of the execution of the works, and the contractor shall be
deemed to have waived all claims not included in such return and
will have no right to enforce any claim not so included, whatsoever
be the circumstances.

Clause 57
No claim for payment of extra ordinary nature, such as claim of a
Claims for payment of
bonus for extra labour employed in completion of the work before
extra ordinary nature
the expiry of the contractual period at the request of the Engineer-in
-charge or claim for compensation where the work has been
temporarily brought to a stand still though no fault of the contractor,
shall be allowed, unless and to the extent that the same shall have
been expressly sanctioned by the UOG.
Clause 58
Under no circumstances whatsoever shall the contractor be entitled
Time limit for unforeseen
to any compensation on account of the contract unless the
claims
contractor shall have submitted claim in writing to the Engineer-in-
charge within one month of the cause of such claim occurring.
Clause 59
No compensation shall be allowed for any delay in execution of the
Claim for compensation for
work on account of water standing in borrow pits or compartment.
delay in the execution of
work The rates inclusive for hard or rocky soil, excavation had, sub soil
water or water standing in borrow pits, and no claim for extra rate
shall be entertained, unless expressly verified by Engineer-in-charge
and confirmed by Works Committee UOG.

REMEDIES AND POWERS

Clause 60
In any case in which under any clause or clauses of the contract, the
contractor shall have rendered himself liable to pay compensation
Action when whole of amounting to whole of the security deposit or in the opinion of the
security deposit is
forfeited
Engineer-in-charge has abandoned the contract, or is not executing
the works in accordance with the contract or is presently or
flagrantly neglecting to carry out his obligations under the contract,
or if the contractor employs any employee of the UOG in defiance to
the provisions of clause 32 thereof, the Engineer-in-charge on behalf

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 43

of the UOG, may, after giving fourteen days notice in writing to the
contractor, rescind the contract (of which rescission notice in writing
to the contractor under the hand of the Engineer-in-charge shall be
conclusive evidence and in which case the security deposit of the
contractor, shall stand forfeited ,and be absolutely at the disposal of
UOG. And in case the contract shall be rescinded under the
provisions aforesaid):-

The contractor shall have no claim to compensation for any loss

i.
sustained by him by reasons 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 works or the
performance of the contract.

ii. The contractor shall not be entitled to recover, or be paid any sum
for any work actually performed under this contract, unless and until
the Engineer-in-charge will have certified 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, after
deducting there from the amount of aforesaid compensation and
other charges duly ascertained and certified by the Engineer-in-
charge to be payable by the contractor. But if such sum payable by
the contractor for any losses, compensation or any other charge
shall exceed the sum for any work actually performed under the
contract and certified by the Engineer-in-charge, the amount of such
excess shall be deemed a debt due by the contractor to the UOG and
shall be recovered accordingly.
Clause 61
In every case in which the contract should be rescinded under clause
60 hereof and in the opinion of the Engineer-in-charge such work
Work at the risk and should be done at the risk and expense of the contractor without
expense of the contractor thereby avoiding the contract or relieving the contractor from any of
his obligation or liabilities under the contract or affecting the rights
and powers conferred on the UOG or the Engineer-in-charge by the
contract, the Engineer-in-charge on behalf of the Government, after
giving fourteen days notice in writing to the contactor, shall have
powers to adopt any of the following courses, as may in the opinion
of the Engineer-in-charge be desirable:

To measure up the work of the contractor and to take such part

a) thereof, as shall be executed 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, had the whole of the work been executed by
him (of the amount of which excess, the certificate in writing of the
Engineer-in-charge 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 UOG, under the contract or otherwise, or
from his security deposit or from the value of the performance
security given by the contractor under clause 7 hereof.

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To employ labour paid by the department and to supply materials or

b) supply/arrange tools and plants to carry out the works or any part of
the works, debiting the contractor with the cost of the labour and
the price of the materials and cost of supply/arrangement, operation
and maintenance of tools and plants of the amount of which cost
and price, a certificate of the Engineer-in-charge shall be final and
conclusive against the contractor, plus departmental charges on the
amount so incurred equal to ten percent or such smaller amount as
the Engineer-in-charge (whose decision in writing shall be final) may
decide, and crediting him with the value of the work done, in all
respects, in the same manner and at the same time and rates, as if it
had been carried out by the contractor under the terms of his
contract, the certificate of the Engineer-in-charge as to the value of
the work done shall be final and conclusive against the contractor.

In the event of any of the above courses mentioned in this clause

being adopted by the Engineer-in-charge, 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, be with a view
to, the execution of the works or the performance of the contract.

Clause 62
In any case in which any of the powers, conferred upon the
Contractor remains liable
Engineer- in-charge by clause 60 or by pare (a) of clause 61 hereof,
to pay compensation if
action is not taken under shall have become exercisable and the same shall not be exercised,
clauses the non-exercise thereof shall not constitute a waver 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 Engineer-in-charge putting in force either of the

power vested in him under clause 60 or para (a) of the preceding
clause, he may, if he so desires, take possession of all or any tools,,
constructional 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
Power to take possession thereof, paying or allowing for the same in account at the contract
or require removal of or rates, or, in case of those not being applicable at current market
sell contractor's plant etc.
rates to be certified by the Engineer-in-charge whose certificate shall
be final otherwise the Engineer-in-charge, may by notice in writing to
the contractor or his clerk of the works, foreman or other authorized
agent, require him to remove such tools, construction plants,
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 Engineer-in-charge may remove them
at the contractor's expense or sell them by auction or private sale on
account of the contractor and at his risk in all respects and the

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certificate of the Engineer-in-charge as to the expenses of any such

removal, and the amount of the proceeds and expenses of any such
sale, shall be final and conclusive against the contractor.

Clause 63
If the contractor shall, in defiance of the Engineer-in-charge's
Contract may be rescinded
instructions to the contrary or without his written approval, assign or
and security deposit
forfeited for subletting, sublet his contract or attempts to do so; or become insolvent, or
bribing or if contractor commence any insolvency proceedings or make any composition
becomes insolvent with his creditors, or attempts so to do; or if any bribe, gratuity, gift,
loan prerequisite, reward or advantage, pecuniary or otherwise, shall
either directly or indirectly be given, promised or offered by the
contractor, or his servants or agents to any way relating to his office,
or employment; or if any such officer or person shall become in any
way directly or indirectly interested in the contract, the Engineer-in-
charge may thereupon by notice in writing rescind the contract, and
the security deposit of the contractor shall thereupon stand forfeited
and be absolutely at the disposal of UOG and the same consequence
shall ensue as if the contract had been rescinded under clause 60
hereof and in addition to the contractor shall not be entitled to
receive or be paid for any work therefore actually performed under
the contract.
Clause 64
Any excess payment made to the contractor inadvertently or
Deduction of amount due otherwise, under this contract or on any account whatsoever, and
to Govt, on any account any other sum found to be due to the UOG by the contractor in
whatsoever to be
respect of this contract, or any other contract or work order, or on
permissible from any sums
payable to the contractor any account whatsoever, may be deducted from any sum
whatsoever payable by UOG to the contractor, either in respect of
this contract or any work order or contract, or on any other account
by any other department of the UOG/Government; or recovered
from the contract or as arrears of land revenue.

SETTLEMENT OF DISPUTES
Clause 65
In the event of any disagreement between the Engineer-in-charge
Procedure in dis-
and the contractor arising out of the contract, the matter shall first
agreement.
be referred to the Works Committee UOG for decision who shall,
after making such enquiries, as he may deem fit, give its decision in
writing not later than three months after the reference is made to
him. The period for decision of the case by the Works Committee
UOG may, however, be extended by the Vice Chancellor, UOG under
special conditions according to the circumstances, justification,
available in each case. The contractor shall forthwith give effect to
the decision of the Works Committee UOG and shall proceed with
due diligence, whether arbitration is intended or not.

If the contractor be dissatisfied with the decision of the Works

Contractor dissatisfied Committee UOG or if its decision is not forthcoming within the
with the decision of Works
stipulated or extended period/periods and desires arbitration under
Committee UOG

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 46

the arbitration clause as hereinafter provided, he shall give notice in

writing of such arbitration intention to Vice Chancellor within a
period of twenty eight days of the receipt of the Works Committee
UOG decision or in case no decision is given, at the end of the period
or periods within which the Works Committee UOG was to give its
decision. The said notice shall contain the cause of action, material
facts of the case and relief sought, failing which the decision of the
Increase in amount of
Works Committee UOG shall become final, conclusive and binding,
claim once preferred not
allowed and the contractor shall be deemed to have forfeited or departed
from the claim in excess of that allowed by the Works Committee
UOG. The subsequent inflation/increase in the amount of claim once
preferred in the said notice shall not be allowed nor shall any other
claim in respect of the same work be entertained from the
contractor at any later stage.

A reference to arbitration shall be made by the contractor in writing

Reference to arbitration not later than three months after the completion of the work. Failure
to make such a reference within this period shall be deemed to
mean that the contractor has waived all claims in respect of all
disputes.

Disputes which may be referred to arbitration shall be limited to:-

a)
i. Any question, difference, or objection, whatsoever which
Disputes for arbitration
limited shall arise in any way, connected with or arising out of the
contract or/and
ii. The meanings of the operation of any part of the contract;
or/and
iii. The rights, duties and liabilities of either party to the
contract; or/and
iv. Whether the contract should be terminated or has been
rightly terminated and as regards the rights, and obligations
of the parties as a result of such termination. Provided that
those matters for which provision has been made in the
contract for final and binding decision by the Engineer-in-
charge shall be excluded from arbitration.
b) The venue of arbitration shall be in UOG.

In the event of any dispute arising in accordance with the limitations

c)
provided in sub-clause (a) of this clause, the same shall be referred
Arbitration to the sole arbitrator, i.e., Vice Chancellor UOG. The decision of the
sole arbitrator in such case shall be final and binding on the parties
concerned.

In the case of dissatisfaction with the decision of the sole arbitrator,

d)
the case shall be referred to the Syndicate for judgment. The
decision of the syndicate, as the case may be shall be final and
binding on the parties concerned. Where the matter involves claim
for the payment of recovery or deduction of money only, the
amount, if any, awarded in the arbitration shall be recoverable in
respect of the matter so referred.

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SCHEDULE SHOWING (APPROXIMATELY) MATERIALS TO BE SUPPLIED FROM THE

DEPARTMENTAL STORE FOR WORKS CONTRACTED TO BE EXECUTED AND THE RATES AT WHICH
THEY ARE TO BE CHARGED FOR

(See clause 30)

Particulars Rates at which the material Place of delivery

will be charged to the
contractor

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

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SCHEDULE SHOWING EQUIPMENT TO BE SUPPLIED BY THE GOVERNMENT AT THE

REQUEST OF THE CONTRACTOR
(SEE CLAUSE 30)

The Equipment and/or constructional plant listed in following table are available with the Employer and
can be provided to the contractor at his request, at the rental rates and places set out therein.

Item Description Rental Price Place of

Delivery
1(One) 2 (Two) 3 (Three) 4 (Four)
1. Road Roller Capacity 8-10 (eight Rs. 554/50
to ten) tons or lower (Rupees Five hundred and fifty
four paisa fifty only)

2 Road Roller Capacity 10-12 (ten Rs.632/-

(Two) to twelve) tons. (Rupees Six hundred and thirty
two only)
3 Road Roller Capacity 15-18 Rs. 754/-
(Three) (fifteen to eighteen) tons (Rupees Seven hundred and
fifty four only).
4 Sheep foot Roller Rs. 240/-
(Four) (Rupees Two hundred and
forty only).
5. Tar Boiler. Rs. 150/-
(Five) (Rupees One hundred and fifty
only)
6. Vibratory Road Roller Rs. 740/-
(Six) Self Propelled (Russian) (Rupees Seven hundred and
forty only)

(Italian) Rs. 1450/-

(Rupees One thousand four
hundred and fifty only)
7. Vibratory Road Rs. 480/-
(Seven) Roller (Rupees Four hundred and
(Toe type) eighty only

Rentals should be exclusive of depreciation of donor financed equipment.

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 49

SCHEDULE SHOWING THE NAMES OF MANUFACTURERS OR SUPPLIERS WHOSE PRICES FOR

THE SPECIFIED MATERIALS AT THE PLACES SHOWN AGAINST EACH ARE TO FORM BASIS OF
PAYMENT OF PRICE VARIATION

(See Clause 55)

Name of Item Name of Manufacturer Price at places which are to form basis
or Supplier of Price Variation

1 2 3
(i) Cement Notified by Finance Notified by Finance Department on
Department on its Web site its Web site

(ii) Steel Notified by Finance Notified by Finance Department on its

(a) M.S Bars (plain & Department on its Web site Web site
deformed)
(b) M.S sections Notified by Finance Notified by Finance Department on its
Department on its Web site Web site

(c)High Tensile Steel wire Notified by Finance Notified by Finance Department on its
Department on its Web site Web –site

(d) M.S & G.I pipe Notified by Finance Notified by Finance Department on its
Department on its Web site Web site

(iii) Asbestos cement pipes Notified by Finance Notified by Finance Department on its
Department on its Web site Web site

(iv) P.V.C Pipes Notified by Finance Notified by Finance Department on its

Department on its Web site Web site

(v) R.C.C/P.C.C pipe Notified by Finance Notified by Finance Department on its

Department on its Web site Web site

(vi) Bitumen Notified by Finance Notified by Finance Department on its

Department on its Web site Web site

(vii) High Speed Diesel Notified by Finance Notified by Finance Department on its
Department on its Web site Web site

(viii) Bricks Notified by Finance Notified by Finance Department on its

a) Bricks Department on its Web site Web site
b) Tiles
c) Gutka
(ix) Stone aggregate Notified by Finance Notified by Finance Department on its
a) Stone metal for sub Department on its Web site Web site
base.
b) Stone metal for base
course.
c) Crushed bajjri.
(x). Labour

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 50

UNIVERSITY OF GUJRAT

Works Department

CONTRACT AGREEMENT
(See Clause 6)

This agreement made this __________________day of_____________________ 201

BETWEEN THE UNIVERSITY OF GUJRAT (hereinafter called the “UOG” which expression shall include the
successors, legal representatives and permitted assigns) as represented by the Director Works On the
one part; and

M/s______________________________________ (hereinafter called the “Contractor” which expression

shall include the successors, legal representatives and permitted assigns) on the other part.

WHEREAS tenders have been received by the UOG for the construction, completion and maintenance of
_____________________________________________________________________________________
(Name of work)

as well as possible new and ancillary works associated therewith which have to be executed in,
accordance with the contract document, and the tender by the contractor for the construction,
completion and maintenance of such works has been accepted by the UOG.

NOW, THEREFORE, for and in consideration of the promises, covenants and agreement hereinafter
contained and to be performed by the parties hereto, the said parties hereby covenant and agree as
follows:-

i. In consideration of the covenants and agreements to be kept and performed by the contractor
and for the faithful performance of the contract and the

ii. Completion and maintenance of works embraced therein, according to the specifications,
drawings and conditions herein contained and referred to the UOG shall pay and the contractor
shall receive and accept as full compensation for everything furnished and done by the
contractor under this agreement and the tender price stipulated in the contractor's tender at
the times and in the manner prescribed by the contract.

iii. The said work shall be started within the period specified in item No.(f) of the
memorandum of work, following the, receipt of written order of the Director Works UOG to
proceed with and the contractor shall complete fully the works within the stipulated period
reckoned from the commencement of work, subject to such extensions of times as may be
granted under the conditions of contract except for maintenance which shall be completed
within the period named in item (g) o f the memorandum hereto annexed after issuance of the
final certificate of completion.

iv. The following documents shall be deemed to form and be read and construed as part of this
agreement.
a) The said tender and covering letter and subsequent undertaking, if any.
b) The drawings,
c) The conditions of contract and additional conditions, if any,
d) The specification;
e) The bid schedule;
f) Addendum No. 1 to_________

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 51

(Which have been incorporated in the tender)

g) Schedule of materials to be supplied from the departmental store;
h) The scale of rates and prices;
i) The letter of acceptance and
j) The performance security

v. All disputed or differences between the parties in connection with or arising out of this
agreement shall be settled in accordance with the provisions of relevant clause of the conditions
of contract.

IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day
and the year hereinbefore set forth.

Signed by______________________ Signed by _____________________________

(Contractor) Director Works

For and on behalf of

University of Gujrat

WITNESSES

1. ______________________________ 2. ______________________________

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 52

BANK GUARANTEE
(See Clause 7)

Penal sum of bond

____________________________________________________________________________________
(express in words and figures)
KNOW ALL MEN BY THESE PRESENTS THAT
MR./MESSERS _________________________________________________________________________
(Name of contractor)
Whose official address is
_____________________________________________________________________________________
as principal(s) (herein referred to as principal) and the Bank of Punjab or scheduled Bank(s) of Pakistan
(hereinafter appearing in the schedule of sureties, as sureties (hereinafter some time called the surety at
the request of the principal are held and firmly bond to the University of Gujrat acting through the
Director Works, University of Gujrat or his successor or assigns) a body organized and existing under and
by virtue of laws of the Government of the Punjab, in the penal sum of the amount stated above, lawful
money for the payment of which sum well and truly made, we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these presents.
PROVIDED THAT we, the sureties, bound ourselves in such sum jointly and severally, as well as,
only for the purpose of allowing a joint action against any or all of us and for all other purposes, each
surety bond itself, jointly and severally with the principal for the payment of such sum only as set forth
opposite its name in the following schedule:- ,

SCHEDULE OF SURETIES
Name of bank, branch and address limit of liability
___________________________ ___________________________
___________________________
___________________________

The condition of the above obligations is such that:-

WHEREAS, the tender of the above bounden principal has been accepted and he has entered into a
contract with the Director Works, University of Gujrat for the work
_____________________________________________________________________________________

on____________ the day of________________ 201

AND WHEREAS, under the terms of the contract UOG has required the principal to furnish a
performance guarantee to form a part of the contract.

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 53

NOW THEREFORE, it is agreed as follows:

1) If the above bounden principal shall well truly and faithfully perform the contract and comply
with and fulfill and the undertaking, terms and provisions thereof, and satisfy all the obligations
of the said principal arising there under, and comply with all covenants therein contained and
contained in the specification, plan and other instruments constituting a part of the contract,
required to be performed by the said principal, in the manner and. within the time provided in
the contract or any extension thereof that may be granted by the UOG with or without notice to
the surety(s) and shall fully indemnify and the UOG, for all costs and damages which the UOG
may suffer by reason of failure so to do, and shall fully reimburse and repay the said Director
Works, University of Gujrat all out-lay and expenses which may incur in making good any such
default and reasonable counsel fee incurred in the prosecution of defense of any action arising
out of or in connection with any such default, and shall pay all persons who have contracts
directly with the principal for labour and materials, if any, in connection with the work
performed under the contract or any addition in or alternation thereto, or if the contract has
not otherwise been rescinded by the UOG under the provisions of clause 60 of general
conditions of contract, then this obligation shall be null and void and of no effect, otherwise to
remain in full force and effect and virtue.
2) The said surety, for value received, hereby stipulate and agree that no change in or in respect of
any matter or thing concerning the said contract on the part of the UOG or the Engineer-in-
charge, extension in time, alteration in or addition to the terms of the contract between the
UOG and the contractor or to the extent and nature of the work be construed, completed and
maintained there under, or the specifications accompanying the same shall in any way affect its
obligations to this guarantee and it does hereby waive notice of any change, extension in time,
alteration or addition to the terms of the contractor to the specifications.
3) The liability of the surety is irrevocable and shall in no case exceed the aggregate amount stated
on the top of this guarantee which each surety binds itself and promise to pay the whole or any
part of this amount on demand to the Director Works, University of Gujrat.

Without question and without reference to the principal. Provided that the notice of demand shall be
given by the aforesaid Director Works, in writing to the surety.

IN WITNESS WHEREOF, the above named principal and the surety have executed this instrument under
its seal on this____________________ day of ______________20…..
The name and corporate seal of the surety being hereto affixed and these presents duly signed by its
undersigned representatives pursuant to the authority of its governing body.

_______________________
Principal (Contractor)
Address
________________________
________________________
Sureties 1 _______________________Bank of Pakistan Ltd. Or Bank of Punjab ___________Branch

Seal

Signed, sealed and delivered by the said Principal and sureties in the presence of
WITNESSES
1. Name _________________ 2. Name _____________________
Address ________________ Address ____________________

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GOVERNMENT OF THE PUNJAB

FINANCE DEPARTMENT
NOTIFICATION
The 7th December, 2007
No. RO (Tech) FD 18-44/2006. In exercise of the powers conferred upon him under article 119 of the
Constitution of the Islamic Republic of Pakistan, 1973, the Governor of the Punjab is pleased to direct
that in the Punjab Departmental Financial Rules (Financial Hand Book No. 3) the following further
amendments shall be made.
AMENDMENTS
a) in the side rules:-
In rule 7.36 for sub rule (b) the following shall be substituted:-
Where tendered amount as mentioned in the letter of acceptance exceeds rupees ten
million, the competent authority, may, on the request of the contractor, sanction a
mobilization advance up to fifteen percent of the said tendered amount in the manner
and subject to the following conditions:-
i) Initially, a sum of equal to ten percent of the tendered amount and thereafter a further
sum equal to five percent of the tendered amount may be sanctioned on the furnishing
of certificate by the Engineer-in-charge of the work to the effect that mobilization by the
contractor is complete in all respect necessary for the due commencement of work,
ii) the contractor shall furnish a guarantee in the shape of Form DFR (P.W)28-A in favour
of the UOG from any bank declared to be a scheduled bank by the State Bank of
Pakistan.
iii) The authority accepting the tender shall personally verify the bank guarantee.
iv) No interest shall be charged on a mobilization advance.
v) The recovery of the mobilization advance shall commence after lapse of 20% contract
period or after the execution of the 20% of the work (financial terms) which ever is
earlier. The rate of recovery shall be 25% of the value of work done in each interim pay
certificate (running bill) and.
vi) In case contractor fails to execute the work in accordance with terms of the contract,
the security offered in respect of the mobilization advance shall be forfeited to the
credit of the UOG: and

This notification shall be applicable to future / new projects, i.e., after 07-12-2007.

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 55

b) Form D.F.R (P.W) 28- A the following shall be substituted.

"FORM D.F.R. (P.W) 28-A"
(Referred to in Rule 7.36)
FORM OF GUARANTEE
(See Clause 50 (b)

WHEREAS a contract for work has been awarded by the Vice Chancellor of University of
Gujrat acting through the Director Works (herein after called the UOG) to
M/s_______________________________________ (herein after called the contractor).

AND WHEREAS under the terms of the said contract the UOG has agreed to advance a
sum of Rs. ___________to the contractor for execution of the said work. The said
amount shall be recovered after lapse of 20% contract period or after the execution of
the 20% of the work (financial terms) whichever is earlier. The rate of recovery shall be
25% of the value of work done in each interim pay certificate (running bill)
AND WHEREAS the UOG has required the contractor to furnish a Bank Guarantee from
any scheduled bank for securing of the sum advanced thereon:-
It is agreed as follow:
1. I ________________ acting on behalf of_____________ (hereinafter called guarantor)
hold and firmly bind to the UOG in the sum of Rs._______________
(Rupees____________ Payable on the same sum given as mobilization advance to the
contractor.
2. The guarantor hereby undertakes to pay the said amount payable to the UOG on
demand in case the contractor makes a default in the payment of said amount under
the terms and conditions of the contract.
3. The guarantee shall be irrevocable and shall remain force till the sum advanced payable
thereon has been repaid in full by the contractor.
4. The liability of the guarantor shall in no case exceed the aggregate amount of
Rs.______________ (Rupees _________________ ) payable thereon for the payment
of which the guarantor hereby undertakes to bind itself and promises to pay the whole
or any portion of this amount to the UOG without making a reference to the contractor.
IN WITNESS whereof we the said guarantor have set out hands to this deed of
guarantee this__________________ day of________________ 201

Guarantor (Scheduled Bank)

Signed sealed and delivered by the said guarantor in the presence of:

Witness. 1. ____________________________ 2. _____________________________

Address. ______________________________ _____________________________

______________________________ _____________________________

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 56

To
The Director Works
University of Gujrat

Subject: RELEASE OF SECURITY FOR__________________________

It is submitted that the Work ________________________________________________
being executed under Agreement No. _________________________________ has been competed
satisfactorily and in accordance with the provisions of contract and technical sanctioned estimate. The
final measurements of the work has been recorded in the Measurement Book No. ________________
Page No. ________________to___________________________

Deputy Director Works

University of Gujrat

No.& Date even.

Copy is forwarded for information to the:

1. Vice Chancellor, University of Gujrat
2. Chairperson, Works Committee, University of Gujrat
3. Treasurer, University of Gujrat, to watch the maintenance period and release of security.
4. Assistant Engineer(Civil), UOG He is requested to submit the final bill of the contractor on
the basis of measurement as detailed in the body of the letter.
5. Resident Auditor, UOG.

Deputy Director Works

University of Gujrat

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ADDITIONAL CLAUSES
1. The contractor shall quote item rates for building portion, sanitary portion and electric portion
separately. Technical sanction has been granted on the basis of Government of the Punjab Market
Rate System. Wherever applicable Non Standardized Rates approved by Works Committee, UOG
have been entered in the bid schedule.
2. Any type of mistake detected in tender shall be amended according to the applicable Market Rate
System with the amendments issued to the date of receipt of tenders.
3. Conditional tenders or tenders without treasury challan or deposit at call will not be considered /
entertained.

4. The program for the execution of work, the arrangement for transport, machinery, materials and
labour will have to be-submitted along with the tenders or immediately after it, to the Engineer-in-
charge.
5. The contractor shall be expected to make himself acquainted with local features and weather
conditions etc. and make his arrangements in such a manner that unfinished work is in no danger
from storms, floods, etc. Claims from the contractors on account of loss arising from weather
abnormalities shall not be considered by UOG.
6. The rates given in the tender call notice or otherwise to be quoted by tenderer for other items
include / should include all carriage and handling of material to the site of work. No extra payment
for carriage of material for such items either arranged by the contractor or supplied by the
department will be made.
7. The Competent Authority reserves the right to reject any or all the tenders without assigning any
reasons.
8. If the tenderer withdraws his tender within 60 days of the date of the opening of the tender, his
earnest money will be forfeited to University of Gujrat.
9. In case of firm / company, the constitution of the firm/company along with the names of the
attorney / attorneys of the firm / company authorized to represent the firm / company and to
receive the Cheque along with powers of attorney must be provided at the time of submitting the
tenders.
10. Before any construction material is brought to the site of work, the contractor shall submit
samples of material he proposes to use to the Engineer-in-charge or his authorized representative.
The samples after approval will be retained by the Engineer-in-charge in his custody and the
contractor shall be responsible for ensuring that material confirming to approved samples are
brought and used throughout the contract, failing which the material will not be accepted and on
written or verbal direction of the Engineer-in-charge must be removed forth with from the site of
the work at his own expenses.
11. The contractor shall be responsible for housing, sanitation and medical treatment of the labour
employed by him and shall carry out all the department rules framed on the subject.
12. Should an accident occur and a claim for compensation be instituted, the contractor shall have to
pay compensation to the injured workmen or in case of death to their relative in conformity with
the workmen compensation Act of Nineteen hundred and twenty three! Contractors should,
therefore, in their own interest take all precautions to guard against accident/s on their work.

13. Labour will be paid by the contractor regularly. Any complaint of arrears due to non-payment to
labourers will make the contractor liable to stoppage of his payment from the department
14. If the work is not started within 15 days from the date of acceptance letter, the earnest money will
stand forfeited to University of Gujrat.
15. The contractor, shall before commencement of any work set out accurately the position as shown
in the lay out plans and other drawings. He shall whenever directed establish permanent bench

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mark at his own cost adjacent to the work. After the contractor having set out the work the pegs
and other marks shall be checked by Deputy Director Works who shall then certify in writing that
the work is correctly set out and that the construction may commence. Any work done in
contravention to this, shall entirely be contractor's responsibility and may be dismantled if
required by the Engineer-in-charge at the cost of the contractor.
16 The contractor will have to make his own arrangement for water. In case water is used from UOG
water supply system, the contractor will be responsible to pay the charges as fixed by the office in-
charge of the water supply and the same will be deducted from the bills of the contractor if he fails
to pay the water charge.

17. Foundation trenches shall have to be got inspected and approved by the Engineer-in-charge
before the foundations are laid.
18. No masonry work on lean concrete will be taken in hand unless the concrete is approved by the
Assistant Engineer (Civil) in-charge.
19. The contractor will make his own arrangement at his cost for scaffolding, shuttering and centering
etc. required for the execution of the work.
20 The cost of material received from dismantling, if any, will be deducted from the bill of the
contractor at market rates (as decided by the Engineer-in-charge whose decision shall be final), if it
is sued by him on construction work. If the contractor does not return the unused dismantled
materials, its cost will be recovered from his bill at double the market rates.
21 All rates unless otherwise specified include-the cost of the following and any fluctuation thereof.
22 Royalty, malkana, octroi, terminal tax, sales tax, water super tax, customs and excise duty,
emergency tax, water tax and any other tolls taxes and levies imposed by Central or provincial
Governments and Local Authorities.
23. The contractor shall study the drawing and bending schedules and report any inaccuracy in
dimensions or in concordance.
24. The contractor shall faithfully carry out the work as per plan supplied to him and no deviation or
alternation will be accepted unless executed with the written permission of the Engineer-in-
charge.
25 It shall be the responsibility of the contractor to remove debris from the site of works and leave
the place neat and tidy after the completion of work. Nothing extra shall be paid of it.
26. The plant and machinery such as mechanical concrete mixer; hand mixers, vibratos, water
pumping sets, screens, measuring boxes, compaction arid gradation control equipment, steel
moulds for cubes etc. required for the work shall be arranged by the contractor himself at his own
cost. Any plant and machinery, if available with the department may be issued to the contractor;
at the discretion of the Engineer-in-charge on hire, at approved rates and the contractor will be
responsible for its carriage from the place, it is delivered and returning it in working condition. He
will also be responsible for working charges of crew and hire charges. The idle days which happen
to occur on account of natural causes or major break down in machinery will not be charged to the
contractor provided the certifies such period.
27 The contractor shall make adequate arrangements for proper (curing through pumping sets, house
pipes etc. of all cement concretes, reinforced cement concrete and brick work etc.
28. Consumption of cement brought by the contractor will be controlled by the Engineer-in-charge.
However, watch and ward of the stores shall be the responsibility of the contractor.
29. The contractor shall uncover any part of the works or make opening in or through the work of
search for the cause of any defects, imperfection or faults in the works as the Engineer-in-charge
may from time to time direct and shall reinstate and make good after such uncovering, opening, to
the satisfaction of the Engineer-in-charge. Nothing extra shall be payable on this account.
30. The proper type of screens test sieves, templates and measuring boxes will be arranged by the
contractor at their own cost and got approved from the Engineer-in-charge before using those at site.

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31. No item of work will be commenced unless Engineer-in-charge (Dy. Dir. Works/ A.E(Civil) In-
charge) is informed before hand and he authorizes commencement after satisfying that the
arrangements with regard to setting out, materials, labour, machinery and T&P etc. are completed
and adequate in all respects.
32 Any other item not provided in the BOQ can be got executed at the applicable MRS rates. In case
of non- schedule items, the same shall also be executed by the contractor after getting the non-
schedule rate approved from the UOG Works Committee.
33 The work of building construction will have to be coordinated with the work of water supply,
sanitary and electrification. Nothing extra shall be payable to any contractor on this account.
34 The security deducted for the bills of the contractor may be deposited with National Bank of
Pakistan as interest bearing security, if the contractor makes written request in this regard.
35 G.I. Pipe manufactured by the Government owned institutions like Pioneer steel Mills, P-ECO,
Karachi Pipe etc. will be used any payment shall released only on the production of memos from
authorized dealers of manufacturers.
36. All sanitary ware shall be I.C.L Karamcare make or from similar approved manufacture of the same
standard.
37 The thickness and weight of also soil pipes and special shall be as per totals given in the
specification, i.e., 22 (i) of West Pakistan Buildings and Roads Specification Vol-II, (Public Health
Portion) of 1956 Edition.
38. Full payment for water supply line shall be made only after testing the line for which certificate
shall be recorded in the measurement Book.
39. Laying of P.V.C. Pipes of sizes in recesses will be done side by side the building works.
40. The contractor shall follow the detailed working wiring diagram showing location of switches and
electric point's duly approved by the Engineer-in-charge.
41 AH electric P.V.C. cables for wiring shall be manufactured by Pakistan Cables. Ltd. Karachi, or
Newage Lahore.
42. All accessories shall be of genuine Pakistan Plastic Industries Ltd., Karachi.
43 P.V.C. Cables shall be in full length from switch electrical points and from B.D.B. to Switch Boards,
i.e., loop system shall be adopted.
44 All wall socket points shall include plug comprising of 3 pin, 5 Amps, wall socket shoe cut-out for
fuse grip and base (Kit Kat) and switch. No separate payment of plug shall be made in case of 3 pin,
5 Amp wall socket points, whether on surface or recessed.
46. All iron clad Main Switches, fuses and out puts shall be of approved quality.
47. All branch distribution boards shall be provided with imported fuse base and grips or as approved
by the Engineer-in-charge.
48 All wall sockets shall be of 3 Pin type and the 3rd pin shall be (earthed through copper wire No. 16
SWG running inside the metal conduit / P.V.C. conduit. No separate payment for the earthing of 3
pin 5 Amps wall socket point shall be made.
49 The work will be carried out strictly in accordance with the West Pakistan specifications enforced
in the Punjab Buildings Department and to the entire satisfaction of the Engineer-in-charge.
50 (Samples of steel) to be used in reinforced cement concrete works shall be got tested by the
Engineer-in-charge and the contractor will have to bear the expenses for such tests. There should
be at least two such samples for each batch received at site.
51 The slump tests should have to be carried out while concerning and the slump maintained for
various items as per specifications or as directed by the Engineer-in-charge. The contractor will
have to provide slump testing apparatus for the same at their cost. Any work done against the
instructions will be liable to be rejected out-right.

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52 No pouring or concrete for Reinforced Cement Concrete shall be permitted without the use of
proper concrete mixer, vibrators and proper centering and shuttering, there should be at least a
double set of mixers and vibrators when the concrete is being poured to have at least one set as
stand by.
53 Bending and binding of M.S. Bars will have to be done by the contractor strictly, according to the
drawing or as per written instructions of the Engineer-in-charge. No superfluous length or lap
spaces etc. and not any wastage will be payable to the contractor.
54 The testing concrete to ensure that the specified strength as per specifications or as desired by the
Engineer-in-charge is being achieved will be got done by the contractor at his own cost. This will
include the preparation of cubes with uniform square face; their preservation without any
damage, curing, transportation to be approved laboratory and the testing charges or the
laboratory. The test resulting for the compressive strength of concrete cubes will have to be
submitted regularly while the work proceeds.
55 The raising of columns and members similar to these, will not be permitted exceeding six feet in
height.
56 Structural design of the building / piles provide for the use of high yield. Reinforcement bars
(G - 60) made from Pakistan Steel Mills Billet Karachi only. Following instructions regarding use of
high yield steel bars will be followed:
i) High yield strength (G - 60) Steel bars from billet of Pakistan Steel are manufactured by
following manufacturers :-
 M/S AFCO Industries Lahore.
 M/S Prime Industries Lahore.
 M/S Fazal Steel Islamabad.

ii) The Engineer-in-charge is responsible for use of G - 60 bars made from Pakistan Steel Mills
Karachi. He is allowed to release the payment against this item only, if contractor provides
the invoice (original) and certificate from above mentioned manufacturers that steel bars
brought at site for use in building / piles have been manufactured from Pakistan Steel Mills
billet. The invoice as well as certificate referred above shall be the part of paid voucher and
monthly account sent to A.G. Quality tests of Steel Bars (Grade - 60) as per specification
are, however, mandatory.

iii) If invoice and manufacturer certificate is not provided by the contractor and not annexed
with paid voucher, the rate of M.S. bars shall be reduced By Rs 4500 per ton.
57 Source of stone for use in stone masonry will be approved by the Engineer-in-charge.

58 Unless specified otherwise pressed steel hallow door frames for all building shall be used. Edge
bead made from expended metal shall be used on the vertical edges such as jambs of doors and
windows etc.

59 RULES 48 ELECTRICITY RULES 1937

Precaution to be adopted by consumers, owners, electrical contractor, electrical workmen licensees
and other suppliers of energy: (I) No electrical installation work, including additions, alternations,
required and adjustments to existing installation, except such replacement of lamps, fans, fuses,
switches and other component part of the installations as in no way alters its capacity or character
shall be carried out upon the premises or on behalf of any consumer or owner for the purposes of
the supply of energy to such consumers or owner, except by an electrical contractor licensed by
the Provincial Government in this behalf and under the direct supervision of the person holding a
certificate of competency issued by the Provincial Government.

Contractor Director Works