C.B.D. BELAPUR, NAVI MUMBAI – 400 614. TENDER · 31 st March of the previous financial year,...
Transcript of C.B.D. BELAPUR, NAVI MUMBAI – 400 614. TENDER · 31 st March of the previous financial year,...
Signature of Tenderer No. of Corrections Signature of City Engineer
1
NAVI MUMBAI MUNICIPAL CORPORATION C.B.D. BELAPUR, NAVI MUMBAI – 400 614.
TENDER CITY ENGINEER DEPARTMENT
NMMC/EE (Airoli)/ 211(24)/2017-18 Tender Notice for the work of
(43478)Repairs to Gutter Near house no. S204 to S208 Sector 04 Ward no.17 Airoli
Sr.
No.
NMMC Stage Vendor Stage Start Date & Time Expiry Date &
Time
1. Release of Tender
-- .22/09/2017
10.00 Hrs.
.04/10/2017
13.00 Hrs.
2. -- Tender
Download
.22/09/2017
10.00 Hrs.
.04/10/2017
13.00 Hrs.
3. -- Bid Preparation
.22/09/2017
10.00 Hrs.
.04/10/2017
15.00 Hrs.
4. Superhash
Generation & Bid
Lock
-- .04/10/2017
16.00 Hrs.
.05/10/2017
17.00 Hrs.
5. -- Control Transfer
of Bid
.05/10/2017
17.01 Hrs.
.10/10/2017
16.00 Hrs.
6. Envelope 1
Opening
-- .10/10/2017
(If Possible)
7. Envelope 2
Opening
-- .10/10/2017
(If Possible)
Navi Mumbai Municipal Corporation
Plot No. 1 & 2, Sector 15A, CBD Belapur, Navi Mumbai.
Issued to……………………………….
Signature of Tenderer No. of Corrections Signature of City Engineer
2
SCHEDULE ‘A’
NMMC invites Tenders in B-1 form through E-Tendering system from Contractors Registered in
appropriate class, by Public Works Department or CIDCO Ltd/ Maharashtra Jeevan
Pradhikaran/Maharashtra Industrial Development Corporation from class VIII and above category with
adequate experience of Similar Works Blank Tender forms will be available from .22/09/2017 up to
.04/10/2017 13:00 hrs. on E-Tendering website www.nmmc.maharashatra.etenders.in. To download the
blank tenders, the bidders shall pay tender cost paid through online payment gateway by using Credit
Card/Debit card of any bank or by Net banking in favour of NMMC. The Tender should be submitted
through E-Tendering system only on the web site www.nmmc.maharashatra.etenders.in. Before
.10/10/2017 upto 3.00 hrs.
1. Name of Work (43478)Repairs to Gutter Near house no. S204 to S208 Sector 04
Ward no.17 Airoli.
2. Estimated cost of Work Rs. 472304/-
3. Engineers for this Work Executive Engineer
Concerned Deputy Engineer
4. Period of sale of Tender
documents. From.22/09/2017 to .04/10/2017 downloaded from official web
site (www.nmmc.maharashtra.etenders.in) of the Corporation.
5. Cost of each tender form Rs. 500/- through online payment gateway by Debit/Credit Card of
any Bank or by Net Banking in favour of Navi Mumbai Municipal
Corporation.
6. Earnest Money Rs. 4700/- through online payment gateway by Debit/Credit Card of
any Bank or by Net Banking in favour of Navi Mumbai Municipal
Corporation
Fixed EMD is not Considered for any Tender.
7. Pre-Bid Meeting will be held on NIL at 16.00 Hrs.
at C.B.D. ,Navi Mumbai in the Conference Hall 1st floor.
8. Last date of receipt of tender Upto .10/10/2017 16.00 hours
9. Probable date and time of opening - Date .10/10/2017 at 16.00 hour of tender. (if possible)
10. Eligibility
Registration Class VIII with PWD or is equivalent Class with CIDCO and
Upto ( Rs. 5 Lacs)
Turn over Average Annual financial turnover during the last 3 years, ending
31st March of the previous financial year, should be at least 100%
of the estimated cost.
The net worth should be positive
Experience Experience of having successfully completed similar works during last 7
years ending last day of month previous to the one in which
Signature of Tenderer No. of Corrections Signature of City Engineer
3
Applications are invited should be either of the following.
a) One similar completed works costing not less than the amount
equal to 100% of the estimated cost
b) Two similar completed works costing not less than the amount
equal to 50% of the estimated cost
c) Three similar completed works costing not less than the amount
equal to 40% of the estimated cost
Qualified Personnel One Civil Engineers having minimum experience of three
Years.
Equipment Required
Concrete Mixer, Vibrator, Lift Machine, Shuttering
and Centering As directed by Engineer in charge
Certification The Company having ISO 9001, (Version 2000) certificate, will be
preferred. Joint Venture is not allowed.
No Relationship with Corporators See Clause 12 of Detailed Tender Notice
11. Validity Period – The offer of the Contractor shall remain valid for 120 days from the date of
opening of Tender.
12. Initial Security Deposit Rs. 3% of estimated Cost
AND
Further Security Deposit, Rs. 2 % of estimated cost to be deducted from bills.
13. Completion Period 3 months Months September 2012)
1. Contract as a whole Period of completion 3 Month (Upto 30th
September 2012)
** 2. Part or Groups of items
(i) As a Whole work (i) 3 Month
(ii) As per approved bar chart
14. Percentage to be charges as supervision
Charges for the Work got executed through
Other means. 24.50 Percent.
15. Defects Liability Period 1 Year
16. Others :- Price Variation clause. –No Price Variation Clause applicable
17. The agency will have to furnish an additional 1 % Security Deposit quoted by it below
10% and in case the agency quotes 14% below the cost put to tender, it will have to
furnish an additional security deposit of (14%) –(10%) = 4% i.e. (1%) + (4% ) = 5%
with the Technical Document in the form of Bank Guarantee of any Govt. Bank or
Schedule Bank having MICR and IFSC Code in the name of concern authority. The
validity of Bank Guarantee should be upto defect liability period of works from the date
Signature of Tenderer No. of Corrections Signature of City Engineer
4
of issue (For detail Please refer the GR No ���� ���� . �� ��-2017/�..8/���-2, ��.12/04/2017)
For online Tender, The Agency Should upload the Scan Copy of Bank guarantee with Technical
Document
18. As per the construction labour welfare Cess Act 1996, a cess of 1% of contract value towards the
welfare of construction labour will be deducted from the bills.
19. Tenderer/ Bidder Should submit Affidavit and Undertaking in Requisite format on Rs100/-
Stamp Paper and All Scheduled in prescribed format.
20. As Per Government of Maharashtra Circular, GST has been come into account from 1st
July, 2017 So Henceforth while quoting tender, Tenderer has to consider the GST factor
(GR No ���� ����� -!� ���-2017/ �..81/ ��"��/ ��.19/08/2017)
Signature of Tenderer No. of Corrections Signature of Exe Engineer (Airoli)
1
Name of Work:-(43478)Repairs to Gutter Near house no. S204 to S208 Sector 04 Ward no.17 Airoli
Tender Notice No.211(24) /2017-2018
SCHEDULE 'B'
Sr
No
Description of Items Specification Estimated
Qty
Estimated
Rate
Unit Amount
1
Dismantling the RCC work 1:2:4 and sorting out
the materials such as steel etc. as directed and
stacking them within the specified lead as
directed(DSR Rate: 614.00) (Corporation Area:
5.00)
Spec. No.:
Bd.V.31 Page
No.615
13.07 644.70 Cu Meter 8426.22
2
Excavation for foundation in ------------- including
removing the excavated material up to a distance
of 50 m. beyond the building area & stacking and
spreading as directed, dewatering, preparing the
bed for the foundation and necessary back filling,
ramming, watering including shoring and
strutting etc. complete. (Lift upto 1.5 m.) By
Mechanical Means. iv) Soft rock(DSR Rate: 323.00)
(Corporation Area: 5.00)
Spec. No.:
Bd.A.1-6 Page
No. 13
18.09 339.15 Cu Meter 6135.22
3
Providing soling using 80mm size trap metal in
layers of 15cm each including filling voids with
sand, ramming, watering etc complete(DSR Rate:
950.00) (Corporation Area: 5.00)
Spec. No.:
Bd.A. 12 Page
No. 19
9.05 997.50 Cu Meter 9027.37
4
P/L in situ cement concrete in proportion M-15 of
trap metal for foundation & bedding, including
bailing out water manually, formwork,
compacting & curing......etc complete.(DSR Rate:
5021.00) (Corporation Area: 5.00)
Spec. No.:
Bd.E.2 Page
No. 288 and
B.7 Page No.70
6.03 5272.05 Cu Meter 31790.46
Signature of Tenderer No. of Corrections Signature of Exe Engineer (Airoli)
2
5
Providing and laying in position Ready Mix
Concrete for reinforced cement concrete with
crushed sand, for in in foundation like raft, strip
foundation grill age and footing of RCC column
and steel stanchions etc. work of M-30 grade
cement content as per approved design mix, and
manufactured in fully automatic batching plant
and transported to site of work in transit mixer for
all leads, having continuous agitated mixer,
manufactured as per mix design of specified
grade for reinforced cement concrete work
including pumping of RMC from transit mixer to
site of laying, including the cost of plywood/steel
centering, shuttering, compacting and curing
including cost of admixtures in recommended
proporation as per IS:9103 to accelerate/retard
setting of concrete, improve workability without
impairing strength and durability as per direction
of the Engineer-in-charge. (With SCADA with
fully automatic micro processor based PLC wtih
SCADA enabled reversible Drum Type mixer)
(Prior permission of SE is essential)(DSR Rate:
5319.00) (Corporation Area: 5.00)
Spec. No. Bd. F
3 page No.89 6.78 5584.95 Cu Meter 37865.96
6
Providing and casting in situ cement concrete of.
specified. grade of trap/ granite/ quartzite/ gneiss
metal for R.C.C. pardi 75mm thick fins including
centering, formwork, cover blocks compacting
and roughening them if special finish is to be
provided and curing complete. (Excluding
reinforcement) b)Without SCADA with concrete
mixer with hopper c)M30(DSR Rate: 9534.00)
(Corporation Area: 5.00)
Spec. No.:
Bd.F.11 Page
No. 96
10.18 10010.70 Cu Meter 101908.92
Signature of Tenderer No. of Corrections Signature of Exe Engineer (Airoli)
3
7
Providing and casting in situ cement concrete M-
30 of trap metal for R.C.C. canopy as per detailed
designs and drawings including centering,
formwork, compacting and roughening the
surface if special finish is to be provided and
curing complete. (Excluding steel
reinforcement)(DSR Rate: 7914.00) (Corporation
Area: 5.00)
Spec. No. Bd. F
3 page No.89 5.88 8309.70 Cu Meter 48861.03
8
Providing and fixing in position TMT-Fe-500/Fe-
415 bar reinforcement of TATA
TISCON/SAILI/JSW/ESSAR or equivalent make
(condirming to IS code) of various diameters for
RCC pile caps, footings, foundations, slabs, beams
columns, canopies, staircase, newels, chajjas,
lintels pardis, copings, fins, arches etc. as per
detailed designs, drawings and schedules.
including cutting, bending, hooking the bars,
binding with wires or tack welding and
supporting as required including cover block etc.
complete(DSR Rate: 70159.00) (Corporation Area:
5.00)
Spec. No.:
Bd.F.17, Page
No. 98
1.70 73666.95 M.T 125233.81
9
Providing & Fixing Heavy Duty RCC Cover M30
Grade Concrete with M.S. frame etc
complete.(DSR Rate: 6989.00) (Corporation Area:
0.00)
As Directed By
Engineer-In-
Charge
13.50 6989.00 Sq Meter 94351.50
10
Disposal of excavated material upto 5.00 km lead
including loading and unloading etc.
Complete(DSR Rate: 235.64) (Corporation Area:
0.00)
As Directed By
Engineer-In-
Charge
31.16 235.64 Cu Meter 7342.54
Signature of Tenderer No. of Corrections Signature of Exe Engineer (Airoli)
4
11
Providing weep holes in Brick
masonry/Plain/Reinforced concrete abutment,
wing wall/return wall with 100mm dia. UPVC
pipe, extending through the full width of the
structure with slope of 1V:20H towards drawing
face. complete as per drawing and Technical
specifications(DSR Rate: 129.00) (Corporation
Area: 5.00)
As Directed By
Engineer-In-
Charge
10.05 135.45 RMT 1361.27
Total Rs. 472304.30
472304.00
Total:-
Contractors Quoted Percentage (+ / -) -
(In Word : _________________________________________________ )
Quoted Amount Rs. -
(In Word : _________________________________________________ )
Signature of Tenderer No. of Corrections Signature of City Engineer
1
DETAILED TENDER NOTICE TO CONTRACTOR
1.0 Sealed bids are invited by and on behalf of Commissioner, Navi Mumbai Municipal Corporation
from Eligible bidders for the proposed Work specified in Schedule ‘A’.
2.0 ISSUE OF TENDER
2.1. Tender book will be made available during office hours from the E-Tenders Cell, or
Downloaded from Official website of the corporation.
2.2 For work of tender amount Rs. 3 lacs above, tender book will be issued online though E-
tendering Website www.nmmc.maharashtra.etenders.in
2.3 Price of Blank Tender form must be purchase through online gateway by Debit, Credit card of
any bank or by way of net banking in favour of NMMC
.
2.4 The Tender Document is not transferable. Only the Tenderer who has purchased the tender
form shall be entitled to bid in the Tender.
3.0 LANGUAGE OF TENDER / CONTRACT
The language of the Contract shall be English/Marathi and all correspondence, drawings etc. shall
conform to the English/Marathi language.
4 .0 PREBID CONFERENCE
A Prebid Conference of all the intending Tenderers will also be held at the scheduled date and time
indicated in Schedule ‘A’ of the tender. Intending Tenderers will be allowed to seek clarification and
suggest suitable modifications in specifications, conditions of the Contract etc. The Corporation will
communicate such changes that are accepted by it, to all the intending Tenderers who have
purchased the Tender document from the Corporation. Only such changes that are so communicated
shall be binding on the Corporation and all the Tenderers.
5 .0 VALIDITY OF BIDS
The bids will be valid for the period indicated in Schedule ‘A’
6.0 EARNEST MONEY
6.1 EMD should be submitted through online payment gateway by Debit/Credit Card of any Bank or by
Net Banking in favour of Navi Mumbai Municipal Corporation .Fixed EMD is not Considered for
any Tender.
7.0 FORFEITURE OF EMD
7.1 The Tenderer shall not revoke his Tender or vary its terms and conditions without the consent of the
Corporation during the validity period of Tender. If the Tenderer revokes the Tender or vary its
terms or condition contrary to his promise to abide by this condition, the Earnest Money deposited
by him shall stand forfeited to the Corporation without prejudice to its other rights and remedies and
the Tenderer shall be disentitled to submit a tender to the Corporation for execution of any Work
during the next 24 months effective from the date of such revocation.
7.2 If Successful Tenderer does not pay the Security Deposit in the prescribed time limit or fails to sign
the agreement bond, his Earnest Money Deposit will be foreited by the Corporation.
Signature of Tenderer No. of Corrections Signature of City Engineer
2
8.0 REFUND OF EARNEST MONEY
The Earnest Money of an unsuccessful Tenderers shall be refunded after the successful Contractor
furnishes required Initial Security Deposit to the Corporation and sign the agreement or within 30
days of the expiry of validity period, whichever is earlier.
9.0 COST OF TENDER
The Tenderer shall bear all costs associated with the preparation and submission of its Tender.
The Corporation shall in no case be responsible or liable for these costs, regardless of the Conduct
or the out come of the Tendering process.
10.0 ELLIGIBLE TENDERERS
Only those Contractors fulfill the Eligibility criteria as mentioned in the Schedule ‘A’ of the tender
notice are eligible to submit their tender for this Work.
11.0 SPARE CAPACITY OF WORK FOR TENDERING
The Tenderers shall be eligible to submit the tender to the Corporation subject to the essential
condition that the price tendered by him together with the value of the outstanding Works under
execution by him for the Corporation or any other employer shall not be more than four times the
value of the average annual turnover of Works executed during the preceding three financial years
ending 31st March.
12.0 RELATION SHIP WITH CORPORATOR(S)
Tenderer shall not be associated presently or in the past with any of the office bearer or Corporator
of the Navi Mumbai Municipal Corporation either directly or indirectly as specified in the section
10(f), (g) of BPMC Act. 1949. The Tenderer shall furnish an Affidavit on a Non-Judicial stamp
paper of Rs.10/- If any information so furnished shall be found to be untrue or false, the tender shall
be liable to be disqualified and the Earnest Money accompanying such tender shall stand forfeited to
the Corporation. If the information so furnished shall be found to be untrue or false during the
currency of the contract the Tenderer shall be held to be in-default and the contract if any awarded to
him shall be liable to be terminated with its consequences.
13.0 TIME OF COMPLETION
The period of completion of Works is enumerated under Schedule ‘A’. The time of completion shall
commence from the date of placing the Work Order or date of handing over the site whichever is
earlier. The completion period is for all items of Work in all parts of Tender Documents.
14.0 SCHEDULE OF RATES AND QUANTITIES
14.1 The Tender has been drafted on the basis of pre-priced schedule of rates and quantities for different
types of items.
14.2 All the tender items are priced as mentioned in Schedule B of Tender.
Signature of Tenderer No. of Corrections Signature of City Engineer
3
14.3 The Contractors are expected to work out their own rates based on the detailed technical
specifications, drawings & conditions and finally arrive at the cost of the Work in the appropriate
places. The contractor shall insert percentage cost over or below the Corporations cost to arrive at
the contract value for the work in Schedule B. In case of item rate, rate should be mentioned infront
of item in Schedule B.
14.4 In case of Lump Sum Contract, Tenderer should insert his Lump Sum cost as contract value for the
Work.
15.0 INSPECTION OF SITE AND SUFFICIENCY OF TENDER
15.1 The Contractor shall inspect and examine the site and its surrounding and shall satisfy himself
before submitting his Tender as to the nature of the ground and subsoil (so far as is practicable), the
form and nature of the site, the quantities and nature of the Work and materials necessary for the
completion of the Works and means of access to the site, the accommodation he may require and in
general, shall himself obtain all necessary information as to risk, contingencies and other
circumstances which may influence or affect his Tender.
15.2 The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his Tender for the Works and of the rates and prices quoted in the schedule of
Works/items/ quantities or in bill of quantities, which rates and prices shall, except as otherwise
provided, cover all his obligations under the contract and all matters and things necessary for proper
completion and maintenance of the Works.
15.3 No extra charges consequent on any misunderstanding or otherwise shall be allowed.
16.0 MANNER OF SUBMISSION OF TENDER
16.1 The Complete Tenders (Estimated amount below Rs. 3 lacs) in the manner specified in the
following paragraph will be received in any of the following offices / manner :
a) Hon. Commissioner’s office,NMMC;
b) Medical Health Officer’s Office, NMMC; and
c) By courier or by mail within specified time, as indicated above.
The tenders estimated cost above Rs. 3 lacs should be submitted online
16.2 Telex, cable or facsimile offers will be rejected.
17.0 LAST DATE FOR SUBMISSION
17.1 Sealed Tender offers shall be received at the address specified above not later than the time and date
specified in the Schedule ‘A’ of the Tender .
17.2 In the event of the specified date for the submission of Tender offers being declared a holiday, the
offers will be received up to the appointed time on the next working day
17.3 The Corporation may, at its discretion, extend this deadline for submission of offers by amending the
Tender Documents, in which case all rights and obligations of the Corporation and Tenderer will
thereafter be subject to the deadline as extended.
17.4 Any Tender offer received by the Corporation after the deadline for submission of Tender offer
prescribed by the Corporation, pursuant to the clause above, will be rejected and / or returned
unopened to the Tenderer.
18.0 MODIFICATION AND WITHDRAWAL OF OFFERS
Signature of Tenderer No. of Corrections Signature of City Engineer
4
The vendor may modify or withdraw his offer after its submission, provided that written notice of
the modification or withdrawal is received by the Corporation prior to the closing date and time
prescribed for submission of offers. No offer can be modified by the vendor, subsequent to the
closing date and time for submission of offers.
19.0 CONTENTS
19.1 Tenders are invited in two envelope system. The completed Tender shall be submitted in sealed
envelope, superscribing the name of Work & C.A.No mentioned in the Tender notice.
19.2 Full name and address of the Tenderer shall be written in the bottom left corner of each envelope.
19.3 The envelope shall contain the following
Envelope No.1 (Technical Bid) : This should contain all the documents mentioned below. This Envelope may contain other documents
also such as Technical bids, drawings, etc as mentioned in the Tender notice.
a) List of all the documents enclosed in the envelope.
b) The tender price must be paid through online gateway by Debit/Credit Card of any Bank or by
way of net banking in favour of NMMC for Tenders above Rs. 3 lacs .
c) Undertaking in Annexure ‘2’ duly signed by a person holding a valid Power of Attorney.
d) Power of Attorney authorized the person to sign the Tender Document (see clause 20(e)).
e) The EMD must be paid through online gateway by Debit/Credit Card of any Bank or by way
of net banking in favour of NMMC for Tenders above Rs. 3 lacs.
f) Attested copy of the valid registration certificate (as requested by the eligibility condition at
Annexure ‘A’)
g) Up-to-date valid clearance Certificates for income tax, Sales tax, Cess with NMMC.
h) Details of firms in Annexure 3.
i) The Tenderer shall furnish a statement showing the type and magnitude of work done with
last 3 years as per Annexure 4.
j) List of works in hand as on the date of submission of this tender.
k) List of works in tenderer as on the date of submission of the tender Annexure 6.
l) List of machinery and plant immediately available with the Tendere for use ont his work and
list of machinery proposed to be utilized on this work bit not immediately available and the
manner in which it is proposed to be procured in Annexure 7.
m) Details of Technical personnels available with the contractor in Anneexure 8.
n) Affidavit on a non-juditial Stamp paper of Rs.100/-
Envelope No.-2
For tender amount below Rs. 3 lacs (Financial bid) - This envelope shall contain the Complete set of
Tender Documents along with corrigendum, addendum if any issued, duly filled in and initial on
each page and signed by the Tenderer(s) at prescribed places of the Tender Documents, including
signature of witnesses. (un-conditional).
For tender amount above Rs. 3 lacs : e-submission only
Covering Envelope
Both the envelopes I & II shall be put together in common sealed envelope subscribing on it, name
of Work, C.A.NO., Name and address of the Tenderer.
20.0 IMPORTANT POINTS TO BE NOTED BY THE TENDERER
Signature of Tenderer No. of Corrections Signature of City Engineer
5
a) On receipt of blank Tender form the Tenderer should ensure that no corrections or over writings
or erasures are left to be attested by the competent authority of the Corporation.
b) The price-bid shall be inclusive of all taxes, Octroi, Local taxes, etc. to be paid by the Tenderer
for the Work and claim for extra payment on any such account shall not be entertained.
Any change that will be made in the Tender paper by the competent authority after issue of the
Tender will be intimated to the Tenderer in the form of Corrigendum/Addendum for
incorporating the same in the Tender before submitting the Tender.
c) Price-bid should be written both in words and figures in the Schedule ‘B’, at appropriate places.
d) No alterations and additions any where in the Tender Document are permitted. If any of these
are found, the Tender may be summarily rejected. The Tenderer should get his doubts cleared
during pre-Tender meeting only if provided in the Tender. In case if no pre-bid meeting is to be
held the Tenderer should seek clarification or any doubt in writing 7 days before the last date for
receipt of Tenders.
e) In case of firm, each partner or power of attorney holder shall sign the Tender and the signatures
shall be attested as witness by a reputed person in the space provided for the purpose. The
attested copies of power of attorney of person signing the Tender shall be enclosed with the
Tender. The power of attorney shall be signed by all partners.
In case of private limited/public limited companies, the power of attorney shall be supported by
Board resolutions and appropriate and adequate evidence in support of the same shall be given.
f) All pages and pasted slips should be signed by the Tenderer.
g) No page shall be added or removed from the set of Tender Document.
h) Tenderer shall be deemed to have studied the schedule of Works / Items / Quantities / Rates, all
plans, specifications, terms and conditions, shall inspect and examine the site and its surrounding
and shall satisfy himself before submitting his Tender as to the nature of the ground and subsoil
(so far as is practicable), the form and nature of the site, nature of the Work and materials
necessary for the completion of the Works and means of access to the site, the accommodation he
may require and in general shall himself obtain all necessary information as to
risk, contingencies, obligations under the Contract and all matter and things necessary for proper
completion and maintenance of the Works. No extra charges consequent on any
misunderstanding. A declaration and an undertaking to this effect should be singed by the
Tenderer in the form attached at an Annexure - 2.
i) The Tenderer shall submit the Tender which satisfies each and every condition laid down in this
Tender notice, failing which the Tender will be liable to be rejected conditional Tenders will be
rejected.
21.0 CORRUPT OR FRAUDULENT PRACTICES
The Corporation requires that the bidders/suppliers/ Contractors under this Tender observe the
highest standards of ethics during the procurement and execution of such contracts. In pursuance of
this policy, the Corporation defines for the purposes of this provision, the terms set forth as follows:
a) “corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to
influence the action of the public official in the procurement process or in contract execution; and
b) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or
a execution of a contract to the detriment of the Corporation, and includes collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive
levels and to deprive the Corporation of the benefits of the free and open competition;
Signature of Tenderer No. of Corrections Signature of City Engineer
6
The Corporation will reject a proposal for award if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in question; The
Corporation will a firm ineligible, either indefinitely or for a stated period of time, to be awarded a
contract if it at any time determines that the firm has engaged in corrupt and fraudulent practices in
competing for, or in executing, a contract.
22.0 MANNER OF OPENING OF TENDER
For the work of Rs. 3 lakhs below, The Tender received within the schedule time and date specified
in the Tender Notice will be opened as per the specified program in the office as mentioned in the
Tender Notice (If Possible). The tenders will be opened in the presence of Tenderers or their
authorised representatives who choose to remain present
For the Work of Rs. 3 lakhs above, tender will be open online in the presence of Tender Committee
and e-tendering Administrator.
23.0 PROCESS TO BE CONFIDENTIAL
Information relating to the examination, clarification, evaluation and comparison of bids and the
award of a Contract shall not be disclosed to Bidders or any other person not officially concerned
with such process until the award to the successful Bidder has been announced.
24.0 PRELIMINARY SCRUTINY
The Corporation will scrutinize the offers to determine whether they are complete, whether any errors
have been made, whether required technical documentation have been furnished, whether the
documents have been properly signed, and whether the offers are generally in order.
Prior to the detailed evaluation, the Corporation will determine the substantial responsiveness of each
offer to the Tender Documents. For purposes of these Clauses, a substantially responsive bid is one
that confirms to all the terms and conditions of the Tender Documents without material deviations.
The Corporation’s determination of an offer’s responsiveness is to be based on the contents of the
Tender offer itself without recourse to extrinsic evidence.
A Tender offer determined as not substantially responsive will be rejected by the Corporation and
may not subsequently be made responsive by the Bidder by correction of the non-confirmity.
The Corporation may waive any minor infirmity or irregularity in a Tender offer, which does not
constitute a material deviation. This shall be binding on all Tenderers and the Corporation reserves
the right of such waivers.
25.0 CLARIFICATION OF OFFERS
To assist in the scrutiny, evaluation and comparison of offers, the Corporation may, at its discretion,
ask some or all vendors for technical clarification of their offer. The request for such clarifications
and the response shall be in writing. To speed up the Tender process, the Corporation, at its
discretion, may ask for any technical clarification to be submitted by means of facsimile by the
Tenderer. In such cases, original copy of the document describing the technical clarifications must be
sent to the Corporation by means of courier / in person.
26.0 REJECTION OF TENDERS
Signature of Tenderer No. of Corrections Signature of City Engineer
7
The Tenders are liable to be rejected if the Tenderer
� Does not submit price of Tender through online payment gateway for Tenders above Rs.. 3 lacs
� Does not submit through EMD.
� Does not submit Undertaking on Rs.100/- stamp paper. (Annexure-2)
� Does not disclose the full names and address of all his partners in case of a Partnership Concern;
� Does not submit the information as called for in Annexure ( 3 to 8)
� Does not submit affidavit on Rs. 100/- Stamp Paper. (Annexure - 9)
� Fails to initial corrections;
� Fails to fill completely all the proformae provided in the Tender including proforma of
submission of Tender and percentage and amount columns in Schedule - `B';
� Tries to contact the Corporation on any matter relating to its bid, or tries to influence the
Corporation in its decision on bid evaluation, bid comparison or Contract award from the time
of the bid opening to the time of contract is awarded.
� Stipulates any condition in the Tender;
� Stipulates the validity period less than what is stated in the form of Tender;
� Does not quote rates inclusive of octroi duty and other terminal or Sales Tax or General taxes,
etc.
� Does not sign every page of Tender with seal of company / firm;
27.0 SHORT – LISTING OF VENDORS
The Corporation will short-list technically qualifying vendors and commercial offers of only these
vendors will be opened at the date and time to be intimated.
28.0 OPENING OF COMMERCIAL OFFERS
The Corporation shall notify the date of opening of the commercial bids to all the Tenderers.
On such notified date the Envelope No. 2 will be opened and the rates in Schedule ‘B’ or percentage
above / below the Estimate shall then be read out.
29.0 ACCEPTANCE OF TENDER
29.1 Acceptance of Tender on behalf of the Corporation shall be done by an officer(s) to whom the
powers are delegated by the Municipal Commissioner.
29.2 The Corporation is not bound to accept the lowest or any Tender. The Corporation reserves the right
to reject any or all Tenders received without assigning any reason whatsoever.
30.0 INTIMATION TO SUCESSFUL TENDERERS
The acceptance of Tender may be communicated to the successful Tenderer in writing or otherwise
either by the Tender opening Authority or any Authority in the Corporation.
Signature of Tenderer No. of Corrections Signature of City Engineer
8
31.0 SECURITY DEPOSIT
The Contractor shall pay a Security Deposit equal to five percent of the contract sum as security for
due fulfillment of the contract, unless otherwise stated in the Tender Documents
The mode of making this deposit is as under.
a) Initial or contract deposit.
A sum, which along with the Earnest Money already paid, amounts to three percent of the
contract sum shall be paid within 15 days after receipt of intimation in writing of acceptance of
Tender. It is optional to the Contractor to make the contract deposit in any one of the following
ways :
i) Wholly in cash or.
ii) Wholly in form of National Saving Certificate pledged in favour of the Corporation or Bank
Guarantees / Fixed deposit from Nationalized / Scheduled Banks in the enclosed format.
iii) Partly in cash and partly in form of National Saving Certificate pledged in favour of the
Corporation or Bank Guarantees / Fixed Deposit from Nationalized / Scheduled Banks in the
enclosed format.
b) Retention Money :
The remaining amount of the Security Deposit i.e. 2% shall be recovered from the Contractor’s
running bills at the rate of five percent and such retention together with the contract deposit
made as aforesaid shall not exceed in the aggregate five percent of the contract sum after which
such retention will cease.
c) All compensation or other sums of money payable by the Contractor under the terms of this
contract or any other account whatsoever, may be deducted from or paid by the sale of a
sufficient part of this Security Deposit/retention money or from the interest arising therefrom or
from any sums which may be due or may become due to the Contractor by the Corporation on
any account whatsoever, and in the event of his Security Deposit/retention money being reduced
by reason of any such deduction or sale as aforesaid, the Contractor shall within 15 days of
receipt of notice of demand from the City Engineer make good the deficit.
In the event of the said deposit having been made by the Contractor by delivery to the
Corporation by the Guarantee of the Bankers of the Contractor, and of the Contractor under any
of the provisions of this contract becoming subject to or liable for any penalty for damages
liquidated or unliquidated or of the said deposit becoming forfeited or any breach or failure or
determination of contract, then, and in such case the amount of any such penalty or damages and
the deposit so forfeited is not previously paid to the Municipal Commissioner, shall immediately
on demand be paid by the said Bankers to Corporation and may be forfeited by the Municipal
Commissioner under and in terms of the said Guarantee.
32.0 EXECUTION OF CONTRACT DOCUMENT
The successful Tenderer after furnishing Initial Security Deposit, is required to execute an
Agreement in duplicate in the form attached with the Tender Documents on a stamp paper of proper
value. The proper value at present is Rs. 100/-. The agreement should be signed within a month
from the date of acceptance of the Tender. The Contract will be governed by the Contract
agreement, the General Conditions of the Contract (G.C.C.), and the Special Conditions of the
Contract and other documents as specified in the G.C.C.
Signature of Tenderer No. of Corrections Signature of City Engineer
9
33.0 STAMP DUTY, LIGAL AND STATURY CHARGES
It shall be incumbent on the successful Bidder to pay stamp duty for the Contract agreement, as
applicable on the date of the execution.
34. LICENCES
The successful Tenderer should comply statutory instruction of contract labour & will be required to
produce to the satisfaction of the City Engineer a valid contract labour license issued in his favour
under the provision of the Contract Labour License (Regulation and Abolition) 1970, before starting
the Work. On failure to do so, the acceptance of the Tender is liable to be withdrawn and also the
Earnest Money is liable to be forfeited.
35.0 RIGHTS OF THE CORPORATION
The Corporation reserves the right to suitably increase/reduce the scope of Work put to this Tender.
The right to split up the Work in two or more parts is reserved by the Corporation and also the right
to award the Work to more than one agency is reserved.
36.0 INTERPRETATION OF THE CLAUSES IN THE TENDER DOCUMENT / CONTRACT
DOCUMENT
In case of any ambiguity in the interpretation of any of the clauses in Tender Document or the
Contract Document, interpretation of the clauses by the Corporation shall be final and binding on all
parties.
37.0 NOTICE TO FORM PART OF CONTRACT
Notice of Tender and these instructions shall form part of the contract.
Signature of Tenderer No. of Corrections Signature of City Engineer
10
Annexure –1
FORM OF BANK GUARANTEE BOND In consideration of the Navi Mumbai Municipal Corporation (hereinafter called ‘The NMMC’)
having agreed to exempt _____________________________________ (hereinafter called “the said
Contractor(s)’) from the demand under the terms and conditions of an Agreement dated
_____________________________ made between _____________________________________ and
_______________________________ for ____________________________________ (hereinafter called
“the said Agreement of security deposit for the due fulfillment by the said Contractor (s) of the terms and
conditions contained in the said Agreement, on production of a Bank Guarantee for Rs.
______________________________ (Rupees___________________________________________Only)
we, _________________________________________ (hereinafter referred to as ‘the bank’) at the request
( indicate the name of the bank)
of ______________________________ [( Contractor (s) do hereby undertake to pay the NMMC an amount
not exceeding Rs. _____________________________ against any loss or demand caused to or suffered or
would be caused to or suffered by the NMMC by reason of any branch by the said Contractor (s) of any of
the terms or conditions contained in the said Agreement.
2. We _____________________________________________ do hereby undertake to pay the
( indicate the name of the bank)
amounts due and payable under this guarantee without any demur, meerely on a demand from the NMMC
stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered
by the NMMC by reason of breach by the said Contractor (s) of any of the terms or conditions contained in
the said Agreement or by reasons of the Contractor (s) failure to perform the said Agreement . Any such
demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this
guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding
Rs. ...................
3. We, undertake to pay to the NMMC any money so demanded not with standing any dispute or
disputes raised by the Contractor (s) / Supplier (s) in any suit or proceeding pending before any Court or
Tribunal relating thereto our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for payment
there under and the Contractor (s) / Supplier (s) shall have no claim against us for making such payment.
4. We, ____________________________ further agree that the Guarantee herein
(indicate the name of Bank)
contained shall remain in full force and effect during the period that would be taken for the performance of
the said Agreement and that it shall continue to be enforceable till all the dues of the NMMC under or by
virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the City
Engineer of NMMC (indicate the name of Administrative Department ) certifies that the terms and conditions
of the said Agreement have been fully and properly carried out by the said Contractor (s) and accordingly of
the said Agreement have been fully and properly carried out by the said Contractor (s) and accordingly
Signature of Tenderer No. of Corrections Signature of City Engineer
11
discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or
before the ..................we shall be discharged from all liability under this guarantee thereafter.
5. We ......................................................... further agree with the NMMC that
(indicate the name of Bank)
the NMMC shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time to
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time
any of the powers exercisable by the NMMC against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating to the said agreement and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said Contractor (s) or for any forbearance, act
or commission on the part of the NMMC or any indulgence by the NMMC to the said Contractor (s) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision,
have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor (s) / Supplier (s).
7. We, ......................................................... lastly undertake not to revoke this
( indicate the name of bank)
guarantee during its currency except with the previous consent of the NMMC in writing.
Dated the .............. day of ............20
For ...................................................
(indicate the name of bank)
Signature of Tenderer No. of Corrections Signature of City Engineer
12
Annexure –2
UNDERTAKING (On a Rs. 100/- Stamp paper)
The information / documents submitted by us are true to our knowledge and if the information
/ documents so furnished shall be found to be untrue or false, the Tender shall be liable to be
disqualified and our Earnest Money accompanying Tender will be forfeited.
Also I/We aware that if the information / document found to be untrue or false during the
currency of Contract, our Contract liable to be terminated.
.................................................... I / We hereby declare that I / We have made myself / ourselves
thoroughly conversant with the sub-soil conditions regarding all materials (such as stone, murum, sand,
etc.) and labour of which I / We have based my / our rates for this Work. The specifications, conditions
bore results and lead of materials on this Work have been carefully studied and understood by me / us
before submitting this Tender. I / We undertake to use only the best materials approved by the, City
Engineer, N.M.M.C. or his duly authorised assistant, before starting the Work and to abide by his
decision.
I/ we agree that the amount of Earnest Money shall not bear interest and shall be liable to be
forfeited to the corporation, should I/we fail to (i) Abide by the stipulation to keep the offer
open for the period of 120 days from the date fixed for opening the same and thereafter until it
is withdrawn by me/ us by notice in writing duly addressed to the authority opening the
Tenders. (ii) Security Deposit as specified in Schedule ‘A’ and within the time limit laid down
in 24 of Detailed Tender Notice. The amount of earnest money may be adjusted towards the
security deposit or refunded to me /us if so desired by me/us in writing, unless the same or any
part thereof has been forfeit as aforesaid.
Should this Tender be accepted I/ we hereby agree to abide by and fulfill all the terms and
provisions of the conditions of contract annexed hereto so far as applicable and in default
thereof to forfeited and pay to NMMC the sums of money mentioned in the said conditions.
Demand draft No...............................Dated ...................... from the Nationalised/ Scheduled
Bank at........................................................... in respect of the sum of
*Rs................................................................... is herewith forwarded representing the Earnest
Money (a) the full value of which is to be absolutely forfeited to N.M.M.C. should I/ we not
deposit the full amount of security deposit specified in the Detailed Tender Notice.
Tenderer ........................................................................................
Address .........................................................................................
.........................................................................................
Date the .............................. day of ......................... 20 Signature of Tenderer
(witness) ........................................................................................ Signature of Witness
Address .........................................................................................
Signature of Tenderer No. of Corrections Signature of City Engineer
1
Annexure –3
Firm Details
1. Name of Firm and Class of Registration
with Validity date & value of Registration
2. Address for communication & Telephone
No.
E - mail
3. Details of Proprietor/Partaners/Director
Name Address Qualification and Experience
4. Annual Turnover
Certified copy of Audiated Balance Sheet
Profit / Loss statement attested
(Yes/No.)
Signature of Tenderer No. of Corrections Signature of City Engineer
2
Previous Financial year (Y-1)
2nd
Previous Financial year (Y-2)
3rd
Previous Financial year (Y-3)
5. Details of Black Listed & Litigation
6. Remarks
Signature of Proprietor or Authorised person of the Firm
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 3 -
Signature of Tenderer No. of Corrections Signature of City Engineer
3
Annexure –4
Details of Works of similar type and magnitude carried out by the Tenderer (last 3 years)
Name of the tenderer :
Sr.
No.
Name of
Work
Type of Work Name of
Department &
Address
Cost of Work Date of
starting
Stipulated date
of completion
Actual date of
completion
Remarks
1 2 3 4 5 6 7 8 9
1)
2)
3)
✳✳✳✳ Note: - The turnover amount should be certified and audited by CA of firm and separate sheet should be enclosed
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 4 -
Signature of Tenderer No. of Corrections Signature of City Engineer
4
Annexure –5
List of Work in Hand as on the date of submission of this Tender
Sr. No. Name of Work Name of Deptt. &
Adress
Work In Hand
Anticipated Date of
Completion
Remark
Tender Cost Cost of Remaining
Work
1. 2. 3. 4. 5. 6. 7.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 5 -
Signature of Tenderer No. of Corrections Signature of City Engineer
5
Annexure –6
List of Works tendered as on the date of submission of this Tender
Sr. No. Name of Work Name of Deptt.
& Adress
Works tendered for
Remark
Estimated Cost Date when
decisions
expected
Stipulated date of period of
completion
1. 2. 3. 4. 5. 6. 7.
Note : 25% to 50% estimated amount shall be consider based on stipulated period of completion
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 6 -
Signature of Tenderer No. of Corrections Signature of City Engineer
6
Annexure –7
List of relevant plant and machinery.
Sr.
No.
Name of equipment No. of units Kind and
make
Capacity Age &
Conditions
Present
Location
Remarks
1 2 3 4 5 6 7 8
A)
B)
Immediately available
Proposed to be procured for
the Work.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 7 -
Signature of Tenderer No. of Corrections Signature of City Engineer
7
Annexure – 8
Details of Technical Personnel available with the Contractor
Name of the tenderer :
Sr.
No.
Name of Work Technical
Qualification
Whether Working
in field or in
office
Experience of
execution of similar
Works
Period for which
the person is
Working with the
tenderer
Remarks
1 2 3 4 5 6 7
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
1 -
Signature of Tenderer No. of Corrections Signature of City Engineer
1
ANNEXURE – 9
AFFIDAVIT
ON STAMP PAPER OF VALUE OF RS. 100/-
I/We hereby state that we are aware of the provisions of section 10(1) 10(f) & (g) of the BMPC Act. 1949
which is reproduced below, and solemnly state that we have no partnership or any share of the any
Corporator of any Corporation in our company and are not associated presently or in the past with any of the
office bearers of the Navi Mumbai Corporation either directly of Indirectly.
Extract of Sec 10 of BMPC Act:
10 (e) Subject to the Provision of section 13 and 404, a person shall be disqualified for being elected and
for being a counceller.
10 (f) Subject to the Provisions sub-section (2) has directly, by himself or his partner any share or
interest in any contract or employment with by or on behalf of the Corporation.”
10(g) “Having been elected a councilor is retained or employed in any professional capacity in
connection with any cause of proceeding in which by or on behalf of the Corporation.”
We are aware that the above information if found to be untrue or false, we are liable to be disqualified and
the Earnest Money accompanying the Tender shall stand forfeited to the Corporation. We are also aware
that if the information produced above if found to be untrue or false during the currency of the Contract. We
shall be held to default and the Contract, if any awarded to us, shall be liable to be terminated with all its
concurrences.
Tenderer ………………………………………
Address ……………………………………….
………………………………………
Date the …………….. day of ……………… 20 Signature of Tenderer
Witness ………………………………………
Address ………………………………………
………………………………………
Occupation ……………………………………… Signature of Witness
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
2 -
Signature of Tenderer No. of Corrections Signature of City Engineer
2
ACCOMPANIMENT TO THE GOVERNMENT RESOLUTION
PUBLIC WORKS DEPARTMENT NO. CAT/06/04/148, DATED : 16/05/2005
PRICE VARIATION CLAUSE
If during the operative period of the Contract as defined in condition (I) below, there shall
be any variation in the Consumer Price Index (New Series) for Industrial Workers for
Mumbai Center as per the Labour Gazette Published by the Commissioner of Labour,
Government of Maharashtra and/or in the whole-sale Price Index for all commodities
prepared by the office of Economic Advisor, Ministry of Industry, Government of India, or
in the price of petrol/ oil and lubricants and major construction materials like bitumen,
cement, steel, various types of metal pipes etc., then subject to the other conditions
mentioned below, price adjustment on account of
1) Labour component
2) Material Component
3) Petrol, Oil and Lubricants Component
4) Bitumen Component
5) HYSD & Mild Steel Component
6) Cement Component
7) C.I. and D.I. Pipes Component
Calculated as per the formula hereinafter appearing, shall be made. Apart from
these, no other adjustment shall be made to the contract price for any whatsoever.
Component percentage as given below are as the cost of work put to tender. Total of
Labour, Material & POL component shall be 100 and other component shall be as per
actuals.
Sr.NO. Item No. Labour
Component
(K1)
Material
Component
(K2)
Pol
Component
(K3)
1 For New Road Works 49% 47% 4%
2 For WBM Road 42% 49% 9%
3 For WBM & Asphalting 27% 56% 7%
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
3 -
Signature of Tenderer No. of Corrections Signature of City Engineer
3
Road
4 For Asphalting road
works
25% 61% 14%
5 For Drainage Works 41% 52% 7%
6 For Bridge works 39% 58% 3%
7 For Building works 27% 72% 1%
8 Concrete road works 63% 25% 12%
Bitumen Component Actual
HYSD & Mild Steel Component Actual
Cement Component Actual
C.I. and D.I. Pipe Component Actual
Note : If Cement, Steel, Bitumen, C.I. & D.I. Pipes are supplied on Schedule “A” then respective
component shall not be considered. Also if particular component is not relevant same shall be
deleted.
1. Formula for Labour Component :
−=
0
0111
10085.0
L
LLx
KPV
Where,
V1 = Amount of price variation in Rupees to be allowed for Labour Component.
P = Cost of work done during the quarter under Consideration Minus the cost of Cement,
HYSD and Mild Steel, Bitumen C.I. and D.I. Pipes calculated at the basic star rates
as applicable for the tender, consumed during the quarter under consideration.
The star rates shall be considered for the preparation of estimate or at the time of comparison
with new DSR.
K1 = Percentage of Labour Component as indicated above.
L0 = Basic Consumer Price Index for Mumbai center shall be average consumer price
index for the quarter preceding the month in which the last date prescribed for receipt
of tender falls.
L1 = Average consumer price index for Mumbai centre for the quarter under consideration.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
4 -
Signature of Tenderer No. of Corrections Signature of City Engineer
4
2. Formula for Material Component :
−=
0
0122
10085.0
M
MMx
KPV
Where,
V2 = Amount of price variation in Rupees to be allowed for Material Component
P = Same as worked out for Labour Component
K2 = Percentage of Material Component as indicated above.
M0 = Basic wholesale price index shall be average wholesale price index for the quarter
preceding the month in which the last date prescribed for receipt of tender falls.
M1 = Average wholesale price index during the quarter under consideration.
3. Formula for Petrol, Oil and Lubricant Component :
−=
0
013
10085.03
P
PPx
KPV
Where,
V2 = Amount of price variation in Rupees to be allowed for POL Component
P = Same as worked out for Petrol, Oil and Lubricant Component
K3 = Percentage of Petrol, Oil and Lubricant Component
P0 = Average price of HSD at Mumbai during the quarter preeding the month in which the
last date prescribed for receipt of tender falls.
P1 = Average price of HSD at Mumbai during the quarter under consideration.
4. Formula for Bitumen Component :
( )014 BBQV b −=
Where,
V4 = Amount of price variation in Rupees to be allowed for Bitumen Component.
Qb = Quantity of Bitumen (Grade) in metric tonnes used in the permanent works and
approved enabling works during the quarter under consideration.
B1 = Current Average ex-refinery price per metric tonne of Btumen (Grade…) under
consideration including taxes (Octroi, excise sale tax) during the quarter under
consideration.
B0 = Basic rate of Bitumen in Rupees per metric tonne as considered for working out value
of P or average ex-refinery price in rupees per metric tonne including taxes (Octroi,
excise, sales tax) of Bitumen for the grade of bitumen under consideration prevailing
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
5 -
Signature of Tenderer No. of Corrections Signature of City Engineer
5
quarter preceding the month in which the last date prescribed for receipt of tender
falls, whichever is higher.
5. Formula for HYSD and Mild Steel Component :
( )
TxSI
SISISV
0
0105
−=
Where,
V5 = Amount of price variation in Rupees to be allowed for HYSD / Mild Steel Component
S0 = Basic rate of HYSD / Mild Steel in Rupees per metric tonne as considered for working
out value of P
SI1 = Average steel index as per RBI Bulletin for the quarter under consideration
SI0 = Average of Steel Index as per RBI Bulletin for the quarter preceding the month in
which the last date prescribed for receipt of tender falls.
T = Tonnage of Steel used in the permanent works for the quarter under consideration.
6 Formula for Cement Component :
( )Tx
CI
CICICV
0
0106
−=
Where,
V6 = Amount of price escalation in Rupees to be allowed for cement component.
C0 = Basic Rate of cement in Rupees per metric tonne as considered for working out value
of P.
CI1 = Average Cement Index published in the RBI Bulletin for the quarter under
consideration.
CI0 = Average of Cement Index published in the RBI Bulletin for the quarter proceeding the
month in which the last date prescribed for receipt of tender falls.
T = Tonnage of Cement used in the permanent works for the quarter under
consideration.
7 Formula for C.I./D.I. Pipe Component :
( )017 DDQV d −=
Where,
V7 = Amount of price escalation in Rupees to be allowed for C.I./D.I. component.
D0 = Pig Iron basic price in Rupees per tonne during the quarter under consideration
(published by IISCO)
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
6 -
Signature of Tenderer No. of Corrections Signature of City Engineer
6
D1 = Average Pig Iron Price in Rupees per tonne during the quarter under consideration
(published by IISCO).
Qd = Tonnage of C.I./D.I Pipes used in the works during the quarter under consideration.
The following conditions shall prevail :
(i) The operative period of the Contract shall mean the period commencing from the date of
work order issued to the Contractor and ending on the date on which the time allowed for
the completion of the works specified in the Contract for work expires, taking into
consideration the extension of time, if any, for the completion of the work granted by The
Engineer under the relevant clause of the Conditions of Contract in cases other than those
where such extension is necessitated on account of default of the Contractor. The decision
of the Engineer as regards the operative period of the Contract shall be final and binding on
the Contractor. Where any compensation for liquidated damages is levied on the Contractor
on account of delay in completion or inadequate progress under the relevant contract
provisions, for the balance of work from the day of levy of such compensation price
adjustment amount shall be worked out by pegging the indices, L,M,C,P,B,SI and CI to the
levels corresponding to the date from which such compensation is levied.
(ii) This price variation clause shall be applicable to all contracts in B1/B2 & C form but shall not
apply to piece works. The price variation shall be determined during each quarter as per
formula given above in this clause.
(iii) The price variation under this clause shall not be payable for the extra item required to be
executed during the completion of the work and also on the excess quantities of items
payable under the provision of Clause 38/37 of the contractor from B1/B2 resp. since the
rates payable for the extra items / or the extra quantities under clauses are to be fixed as
per current DSR or as mutually agreed to yearly revision till completion of such work. In
other words, when the completion / execution of extra items as well as extra quantities
under clauses 38/37 of the contract from B1/B2 extends beyond the operative date of the
DSR then rates payable for the same beyond the date shall be revised with reference to the
current DSR prevalent at that time on year to year basis or revised in accordance with
mutual agreement thereon, as provided for in the Contract, whichever is less.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
7 -
Signature of Tenderer No. of Corrections Signature of City Engineer
7
(iv) This clause is operative both ways, i.e. if the price variation as calculated above is on the
plus side, payment on account of the price variation shall be allowed to the Contractor & if it
is on the negative side, the Government shall be entitled to recover the same from the
Contractor and the amount shall be deductible from any amounts due and payable under
the contract.
(v) To the extent that full compensation for any rise or fall in costs to the Contractor is not
entirely covered by the provision of this or other clauses in the contract, the unit rate and
prices included in the contract shall be deemed to include amounts to cover the contingency
of such other actual rise or fall in costs.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
8 -
Signature of Tenderer No. of Corrections Signature of City Engineer
8
GENERAL CONDITIONS OF CONTRACT
PART - I
INTERPRETATIONS AND DEFINITIONS
1 Singular and
Plura l .
Where the context so requires , words import ing the
s ingular shal l a lso mean the plura l and vice versa.
2 . Gender Words import ing the masculine gender shall a lso
inc lude the feminine gender.
3 . Definit ions (a) ‘Corpora t ion’ shal l mean Navi Mumbai
Munic ipal Corporation as incorpora ted under
the BPMC Act, 1949.
(b) The ‘Munic ipal Commissioner’ shal l mean the
Munic ipal Commissioner of the Corpora t ion,
for the t ime being holding that off ice and a lso
his successor and shall inc lude any off icer
authorized by him.
(c) The ‘Engineer’ shal l mean the Ci ty Engineer
appointed for the t ime being or any other
of f icer or off icers of the Corpora t ion who may
be authorized by the Commissioner to carry out
the functions of the Engineer .
(d) ‘Engineer’s Representa tive’ shal l mean
Executive Engineer/ Deputy Engineer/ Sectional
Engineer /Junior Engineer or any other
munic ipal employee or employees appointed
f rom time to t ime by the ‘Engineer’ to perform
the dut ies se t forth in Clause No.66 hereof and
genera l ly to ass is t the Engineer for the purpose
of the contrac t and whose authori ty shal l be
not i f ied in wri t ing to the contrac tor by the
Engineer .
(e ) The ‘Contrac t’ shal l mean the tender and
acceptance thereof and the formal agreement
i f any, executed between the Contrac tor , and
the Corpora t ion together wi th the documents
referred to there in inc luding these condi t ions
and appendices and any specia l condi t ions , the
specif ica t ions, designs, drawings, pr ice
schedules, bi l ls of quant i t ies and schedule of
ra tes. All these documents taken together shall
be deemed to form one Contrac t and shal l be
complementary to one another.
The order of precedence in case of discrepancies shal l
be as under,
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
9 -
Signature of Tenderer No. of Corrections Signature of City Engineer
9
1. Contract Agreements .
2 . The let ter of Acceptance.
3 . Notice invi t ing Tender & Inst ruct ions to
Tenderer.
4 . Special Condi t ions of Contrac t .
5 . The Genera l Condi t ions of Contrac t .
6 . Schedule of Rates & Quant i t ies.
7 . The Technical specif ica tions.
8 . The Drawings
9. Schedules & Annexures .
( f ) The ‘Contrac tor’ shal l mean the individual or
f i rm or company whether incorpora ted or not ,
undertaking the Works and shal l inc lude legal
representa tives of such individual or persons
composing such f i rm or unincorpora ted
company or successors of such f i rm or company
as the case may be and permit ted ass igns of
such individual or f irm or company.
(g) ‘Contrac t sum’ means the sum named in the
le t ter of acceptance inc luding physica l
cont ingencies subject to such addi t ion
there to or deduction there-f rom as may be made
under the provis ions here inafter contained.
Note : The contrac t sum shal l inc lude the fol lowing : -
1 . (a) In the case of percentage ra te contrac ts, the
es t imated value of Works as ment ioned in the tender
adjusted by the Contrac tor 's percentage.
(b) In the case of i tem ra te contrac ts, the cost of the
Work arr ived a t a f ter extension of the quant i t ies
shown in schedule of i tems/ quant i t ies by the i tem
ra tes quoted by the tenderer for various i tems and
summation of the extended cost of each i tem.
(c) In case of lump sum contrac t , the sum for which
tender is accepted.
2. Special discount / Rebate/ Trade discount offered by
the tenderer if any and accepted by the
Corpora tion.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
10 -
Signature of Tenderer No. of Corrections Signature of City Engineer
10
3 . Addi t ions or de let ions that are accepted af ter
opening of the tenders.
4 . Physica l cont ingencies, i f any an accepted by the
Corpora tion.
(h) ‘Excepted r isks’ are r isks due to r iots
(otherwise than among Contrac tors’ employees)
and c ivi l commotion ( in so far as both these are
uninsurable), war (whether declared or not) ,
invasion, act of foreign enemies, host i l i t ies,
c ivi l war, rebell ion, revolut ion, insurrec t ion,
mil i ta ry or usurped power, any ac t of
government , damage f rom aircraf t , ac ts of god,
such as earthquake, l ightning and
unprecedented f loods and other causes over
which the Contrac tor has no control and
accepted as such by the Commissioner .
( i ) The ‘Si te’ mean the land and other places, more
specif ica l ly ment ioned in the specia l condi t ions
of the tender, on, under, in or through which
the Works or temporary Works are to be
executed and any other lands and places
provided by the Corpora t ion for working space
or any other purpose as may be specif ica l ly
designated in the contrac t as forming part of
the s i te .
( j ) ‘Urgent Works’ shal l mean any measures which
in the opinion of the Engineer become
necessary during the progress of the Work to
obvia te any r isk of accident or fa i lure or which
become necessary for securi ty.
(k) The ‘Works’ shall mean the tasks to be
executed in accordance with the contrac t or
part (s) thereof , as the case may be, and shall
inc lude a ll extra or addi t ional, al tered or
subst i tuted Works as required for performance
of the contrac t .
( l ) ‘Construct ion Plant’ shal l mean al l appl iances
or things of whatever nature required in or
about the execut ion, completion or maintenance
of the Works or temporary Works (as here in
af ter defined) but shal l not include materia ls or
other things intended to form or forming part of
the Works.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
11 -
Signature of Tenderer No. of Corrections Signature of City Engineer
11
(m) ‘Temporary Works’ shal l mean a ll temporary
tasks of every kind required in or about
execut ion, complet ion or maintenance of the
Work.
(n) ‘Drawing’ shal l mean the drawings referred to
in the specif icat ion and any modif icat ion
of such drawings approved in wri t ing by the
Engineer and such drawings as may f rom t ime
to t ime be furnished or approved in wri t ing by
the Engineer.
(o) ‘Approved’ shal l mean approved in wri t ing
inc luding subsequent conf i rmat ion of previous
verbal approval and “Approval” shal l mean
approval in wri t ing inc luding as aforesaid.
(p) ‘Specif ica t ion’ means the specif ica tion referred
to in the tender and any modif ica t ion thereof or
addi t ion or deduct ion there to as may f rom t ime
to t ime be furnished or approved in wri t ing by
the Engineer.
(q) “Tender” means the Contractor’s priced offer to
the Corpora t ion for the execut ion and
complet ion of the Works and the remedying of
any defects there in in accordance with the
provis ion of the Contrac t , as accepted by the
Let ter of Acceptance.
( r) ‘Let ter of Acceptance’ means the formal
acceptance by the Corpora t ion.
(s) ‘Commencement Date’ means the date upon
which the Contractor receives the not ice to
commence the work issued by the Engineer
pursuant to Clause 80.
( t ) ‘Time for Complet ion’ means the t ime for
complet ing the execut ion of and passing the
Tests on Complet ion of the Works or any
Sect ion or part thereof as sta ted in the Contract
(or as extended under Clause 83 calcula ted
f rom the Commencement Date.
(u) The ‘Annexure’ referred to in these condi t ions
shal l means the re levant annexure appended to
the tender papers issued by the Corporat ion.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
12 -
Signature of Tenderer No. of Corrections Signature of City Engineer
12
PART – II
INSTRUCTIONS TO CONTRACTOR
Scope of
Work
The Work to be carr ied out under the Contrac t shal l , except
as otherwise provided in these condi t ions , inc lude al l labour,
materia ls, tools, plant , equipment and t ransport which may
be required in prepara t ion of and for and in the ful l and
ent i re Execut ion and complet ion of the Works.
The descript ions given in the schedule of Works / i tems /
quant i t ies, and the Bi l ls of Quanti t ies shal l , unless otherwise
s ta ted, be held to inc lude waste on materia ls, carr iage and
cartage , carrying in , return of empties, hois t ing, set t ing,
f i t t ing and f ixing in posi t ion and a l l other labour necessary
in and for the ful l and ent i re execution and completion as
aforesaid in accordance with good pract ice and recognized
principles.
Corrupt or
Fraudulent
Pract ices
The Corpora t ion requires that the bidders /suppl iers /
contrac tors under this tender observe the highest s tandards of
e thics during the procurement and execut ion of such
contrac ts. In pursuance of this pol icy, the Corpora t ion
defines for the purposes of this provis ion, the terms set forth
as fol lows:
a)“corrupt prac tice” means the of fer ing, giving, receiving or
sol ic i t ing of any thing of va lue to inf luence the act ion of the
publ ic off ic ia l in the procurement process or in contrac t
execut ion; and
b)“f raudulent prac tice” means a misrepresenta tion of fac ts in
order to inf luence a procurement process or a execution of a
contrac t to the detr iment of the Corporat ion, and includes
col lusive pract ice among bidders (prior to or af ter bid
submission) designed to es tabl ish bid prices a t a r t if ic ial non-
compet i t ive levels and to deprive the Corpora t ion of the
benef i ts of the f ree and open compet i t ion;
The Corpora t ion will rejec t a proposal for award i f i t
de termines tha t the Bidder recommended for award has
engaged in corrupt or f raudulent prac t ices in compet ing for
the contrac t in question; The Corpora tion wil l a f i rm
inel igible, e i ther indefini te ly or for a s ta ted period of t ime,
to be awarded a contrac t i f i t a t any t ime determines tha t the
f i rm has engaged in corrupt and f raudulent prac tices in
compet ing for , or in execut ing, a contrac t .
Int imat ion to
Successful
Tenderers
The acceptance of tender may be communicated to the
Successful Tenderer in wri t ing or otherwise ei ther by the
tender opening authori ty or any authori ty in the Corporat ion.
Securi ty The Contrac tor shal l pay a securi ty deposi t equal to f ive
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
13 -
Signature of Tenderer No. of Corrections Signature of City Engineer
13
Deposi t percent of the contrac t sum as securi ty for due fulf i l lment of
the contrac t , unless otherwise s ta ted in the tender documents.
The mode of making this deposit i s as under.
Ini t ia l or contrac t deposi t
A sum, which a long with the earnest money a l ready paid,
amounts to three percent of the contrac t sum shal l be paid
within 15 days af ter receipt of int imation in wri t ing of
acceptance of tender . I t i s optional to the contractor to make
the contrac t deposi t in one of the other of the following ways
:
i ) Wholly in cash or .
i i ) Wholly in form of Nat ional saving Cert i f icate
pledged in favour of the Corpora t ion or Bank
Guarantees / Fixed deposit f rom Nat ional ised /
Scheduled Banks in the enclosed format.
i i i ) Part ly in cash and part ly in form of National saving
Cert if ica te pledged in favour of the Corpora t ion or
Bank Guarantees / Fixed deposi t f rom Nat ional ised /
Scheduled Banks in the enclosed format
Retention Money:
The remaining amount of the securi ty deposi t i . e . 2% shal l be
recovered f rom the Contractor’s running bi l ls at the ra te of
f ive percent and such retention together wi th the contrac t
deposi t made as aforesa id shal l not exceed in the aggregate
f ive percent of the contrac t sum af ter which such re tent ion
wil l cease.
4. Forfe i ture of
Securi ty
Deposi t
Al l compensat ion or other sums of money payable by
the contrac tor under the terms of this contrac t or any
other account whatsoever, may be deducted f rom or
paid by the sale of a suff icient part of this securi ty
deposi t / re tent ion money or f rom the interest a r is ing
there f rom or f rom any sums which may be due or may
become due to the Contrac tor by the Corpora t ion on
any account whatsoever, and in the event of his
securi ty deposit / re tent ion money being reduced by
reason of any such deduction or sa le as aforesa id, the
contrac tor shal l wi thin 15 days of receipt of not ice of
demand f rom the Engineer make good the def ic i t .
In the event of the sa id deposi t having been made by
the contrac tor by del ivery to the Corpora t ion of the
Guarantee of the Bankers of the Contrac tor, and of
the contrac tor under any of the provis ions of this
contrac t becoming subject to or l iable for any penal ty
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
14 -
Signature of Tenderer No. of Corrections Signature of City Engineer
14
for damages l iquidated or unl iquidated or of the said
deposi t becoming forfe i ted any breach or fa i lure or
de termination of contrac t , then, and in such case the
amount of any such penal ty or damages and the
deposi t so forfe i ted is not previously paid to the
Munic ipal Commissioner, shal l immedia tely on
demand be paid by the sa id Bankers to and may be
forfe i ted by the Munic ipal Commissioner under and
in terms of the sa id Guarantee.
5 . Execution of
Contract
Document
The successful tenderer af ter furnishing Ini t ia l
Securi ty Deposit , i s required to execute an Agreement
in duplica te in the form at tached with the tender
documents on a stamp paper of proper value . The
proper value a t present is Rs. 100/- . The agreement
should be s igned within one month f rom the date of
acceptance of the tender
6 . Issue of Work
Order
Work Order wi l l be issued af ter execut ion of contract
document.
7 . Contract
Documents
The Contrac tor shal l be furnished, f ree of charge , two
cert if ied t rue copies of the contrac t documents and a ll
further drawings which may be issued during the
progress of the Work. None of these documents shall
be used by the Contrac tor for any purpose other than
tha t of this contrac t .
8 . Indemnity
Bond
The contrac tor shal l require to execute an Indemnity
Bond for sat isfac tory performance of the enti re projec t
on Stamp paper of Rs.100/- in the format as per
Annexure ‘D’. This Indemnity Bond shal l remain in
force for period ment ioned in Schedule ‘A’ as Defect
Liabi l i ty Period af ter complet ion of the projec t .
9 . Licences The successful tenderer should comply s ta tutory
inst ruct ion of contrac t labour & wil l be required to
produce to the sa t isfac tion of the Engineer a va l id
contrac t labour l icence issued in his favour under the
provis ion of the Contrac t Labour Licence (Regula t ion
and Abol i t ion) 1970, before s tar t ing the Work. On
fai lure to do so, the acceptance of the tender is l iable
to be withdrawn and a lso the earnest money is l iable to
be forfei ted.
10. Details to be
Conf ident ia l
The Contrac tor shall t rea t the deta ils of the Contrac t
as private and confident ia l , save in so far as may be
necessary for the purposes thereof , and shal l not
publ ish or disc lose the same or any part iculars thereof
in any t rade or technical paper or e lsewhere without
the previous consent in wri t ing of the Engineer . If any
dispute ar ises as to the necessi ty of any publ icat ion or
disc losure for the purpose of the contrac t the same
shal l be referred to the Corpora t ion whose
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
15 -
Signature of Tenderer No. of Corrections Signature of City Engineer
15
determination shall be f ina l .
11. Off ic ia l
Secrecy
The Contrac tor shall , whenever required, take
necessary s teps to ensure tha t a l l persons employed on
any Work in connect ion with this Contrac t have
not iced that the India off ic ia l Secre ts Act 1923 (XIX
of 1923) appl ies to them and shall continue to apply
even af ter execut ion of such Work under the Contrac t .
12. Assignment The Contrac tor shal l not ass ign t ransfer or at tempt to
ass ign, t ransfer the Contract or any part thereof , or
any benef i t or interest therein or there under otherwise
than by a charge in favour of the Contrac tor’s bankers
of any Money due or to become due under this
contrac t , wi thout the prior wri t ten approval of the
Commissioner.
13. Sub-le t t ing The Contrac tor shall not sub-le t or a t tempt to sub-le t
the whole of the Works.
Except where otherwise provided by the Contrac t , the
Contractor shal l not sub-le t any part of the Works
without the prior wri t ten approval of the Engineer,
which shal l not be unreasonably with-held, and such
approval , i f given, shal l not re l ieve the Contractor
f rom any l iabi l i ty or obl igat ion under defaults and
neglec ts of any sub-contractor , his agents, servants
or Workmen as fully as i f they
were the ac ts, defaul ts or neglec ts of the Contrac tor,
his agents, servants or Workmen. Provided always tha t
the engagement of labour on a piecework basis or
labour with materia l not to be incorpora ted in the
Work shall not be deemed to be a sub-le t t ing under
this Clause.
The Contrac tor shall be responsible for observance by
his sub-contrac tors of the foregoing provis ions
14. Changes in
Const i tut ion
Where the contrac tor is a partnership f i rm,
the prior approval in wri t ing of the Commissioner
shal l be obta ined before any change is made in the
const i tut ion of the f i rm. Where the contrac tor is an
individual or Hindu Undivided family business concern
such approval as aforesa id shal l l ikewise be obtained
before the contrac tor enters into any partnership
agreement where under the partnership f i rm would
have the r ight to carry out the Work hereby undertaken
by the contrac tor . If pr ior approval as aforesa id is not
obta ined the contract shal l be deemed to
have been ass igned in contravent ion of the Clause No.
108 hereof and the same act ion may be taken and the
same consequences shal l ensure as provided for in the
sa id condi t ion.
15. Power of
At torney
The contrac tor shall not issue any kind of power of
a t torney in favour of his bankers for rout ine payments
to the contrac tors through Bank.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
16 -
Signature of Tenderer No. of Corrections Signature of City Engineer
16
16. Contractors
Staff
The Contrac tor shal l employ in and about the
execut ion of Works only such persons as are ski l led
and are experienced in the ir severa l t rades and the
Engineer shal l be a t l iberty to objec t to and require the
Contractor to remove f rom the Works any person,
employed by the Contrac tor in or about the execut ion
of the Works, who in the opinion of the Engineer
misconducts himself or is incompetent or negl igent in
the proper performance of his dut ies and such person
shal l not be again employed upon the Works without
permission of the Engineer .
17. Contractors’
Supervis ion
The Contrac tor shall himself supervise the execut ion
of Works or shal l appoint competent agent approved by
the Engineer to ac t in his s tead. If , in the opinion of
the Engineer the Contrac tor himself not have suff ic ient
knowledge and experience to be capable of receiving
inst ruct ions or cannot give his ful l a t tent ion to the
Works, the Contrac tor shal l a t his own expense,
employ as his accredi ted agent an Engineer or a
sui tably qual if ied and experienced person approved by
the Engineer . The name of the agent so appointed,
a long-with the quali f icat ions, experience and address
shal l be communicated to the Engineer. The agent shal l
be a responsible person adequate ly organisa t ion by the
Contractor to take decis ion on s i te and to spend money
i f required for procuring material and labour e tc.
to carry out Emergency Works in the interest of
the Work, if so required by the Engineer . Orders given
to Contractor’s agent shal l be considered to have the
same force as if these had been given to the Contrac tor
himself .
I f the Contrac tor fa i ls to appoint a sui table agent as
di rec ted by the Engineer, the Engineer shal l have ful l
powers to suspend the execut ion of the Works unt i l
such date as a suitable agent is appointed and the
Contractor shal l be held responsible for the delay so
caused to the Works.
18. Employment
of Labour
The Contractor shall employ the labour in sufficient numbers to
maintain the required rate of progress and of quality to ensure
Workmanship, of the degree specified in the
Contract and to the satisfaction of the Engineer. The Contractor shall
not employ in connection with the Work any child who has not
completed his 15th
year of age. He shall also not employ an
adolescent who has not completed his 18th
year unless he is certified
fit for Work as an adult as prescribed under clause (b) of sub-section
(2) of section 69 of the Factories Act, 1948.
The Contrac tor shal l make his own arrangement for the
engagement of a l l labour local or otherwise.
The Contrac tor shall indemnify the Corpora t ion or any
agent , servant or employee of Corpora t ion for any
lapses on the part of contrac tor on account of non-
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
17 -
Signature of Tenderer No. of Corrections Signature of City Engineer
17
compliance of above referred ac ts.
19. Compliance
with Labour
Regula t ion.
The contrac tor shall pay fa i r and reasonable wages to
the Workmen employed by him, for the contract
undertaken by him. In the event of any dispute ar is ing
between the contrac tor and his Workmen on the
grounds tha t the wages paid are not fa i r and
reasonable, the dispute shal l be referred without de lay
to the Engineer, who shal l decide the same. The
decis ion of the Engineer shal l be conclusive and
binding on the contrac tor but such decision shal l not in
any way af fect the condi t ions in the contrac t regarding
the payment to be made by Corpora t ion a t the same
sanct ioned tender rates.
The employees of the contractor and the sub-contractor
in no case shal l be t rea ted as the employees of the
Corpora t ion at any point of t ime.
SALIENT FEATURES OF SOME MAJOR LABOUR
LAWS APPLICABLE TO ESTABLISHMENTS
ENGAGED IN BUILDING AND OTHER
CONSTRUCTION WORK.
( i ) Workman Compensation Act 1923.
The Act provides for compensat ion in case of injury by
accident ar is ing out of and during the course of
employment.
( i i ) Payment of Gratuity Act 1972 .
Gratui ty is payable to an employee under the Act on
sa t isfac tion of certa in condi t ions on separa t ion i f an
employee has completed 5 years service or more or on
death a t the ra te of 15 days wages for every completed
year of service. The Act is appl icable to al l
es tabl ishments employing 10 or more employees.
( i i i ) Employees PF and Miscel laneous Provis ion Act, 1952 .
The Act provides for monthly contr ibut ions by the
employer plus Workers @ 10% or 8 .33% . The benef i ts
payable under the Act are
(a) Pension or family pension on re t i rement or
death as the case may be.
(b) Deposi t l inked insurance on the death in harness
of the Worker.
(c) Payment of PF accumulation on ret i rement /
death e tc.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
18 -
Signature of Tenderer No. of Corrections Signature of City Engineer
18
( iv) Maternity Benefi t Act 1951
Act provides for leave and some other benef i ts to
women employees in case of conf inement or
miscarr iage e tc.
(v) Contract labour (Regulation and Abol i t ion) Act 1970 .
The Act provides for certain wel fare measures to be
provided by the contractor to contract labour and in
case the contractor fai ls to provide, the same are
required to be provided by the Principal Employer by
law. The principal employer is required to take
Cert i f icate of Regis trat ion and the Contractor is
required to take a Licence from the designated Off icer .
The Act is appl icable to the es tabl ishments or
Contractor of principle employer i f they employ 20 or
more contract labour.
(vi) Minimum Wages Act 1970
The Contrac tor shal l see tha t the provis ions se t for
under the Minimum Wages Act and Contract
Regula t ion and Abol i t ion Act 1970 with the
Maharashtra Contrac t Labour(regula t ion and abol i t ion)
Rules 1971 as amended f rom time to t ime are ful ly
complied with by him and shal l mainta in necessary
regis ters and records for payment of wages, overt ime,
e tc . made to his Workmen as required by the
Conci l ia t ion Off icer (Centra l ), Minis try of Labour,
Government of India, or such other organisa t ion
person appointed by the Centra l or State Government.
(vi i ) Payment of Wages Act 1936 I t lays down as to by what da te the wages are to be
paid, when i t wi l l be paid and what deduct ions can be
made f rom the wages of the Workers.
(vi i i ) Equal Remuneration Act 1979.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
19 -
Signature of Tenderer No. of Corrections Signature of City Engineer
19
The Act provides for payment of equal wages for Work
of equal nature to Male & Female Workers and not for
making discrimination against Female employees in
the mat ters of t ransfers , t ra ining and promotions etc.
( ix) Payment of Bonus Act 1965
The Act is appl icable to a l l es tabl ishments employing
20 or more Workmen. The Act provides for payments
of annual bonus subject to a minimum of 8 .33% of
wages and maximum of 200% of wages to employees
drawing Rs. 3 ,500/- P.M. or less. The bonus to be paid
to or employees get t ing Rs. 2500/- P.M. above upto
3500/- P.M. shal l be Worked out by taking wages as
Rs. 2500/- P.M. only. The Act does not apply to
certa in es tabl ishments. The newly se t up
es tabl ishments are exempted for f ive years in certa in
c i rcumstances. Some of the State Governments have
reduced the employment size f rom 20 to 10 for the
purpose of appl icabil i ty of the Act.
(x) Industr ial Disputes Act 1947
The Act lays down the machinery and procedure for
resolut ion of industr ia l disputes, in what s i tua t ions a
s t r ike or lock-out becomes i l legal and what are the
requirements for laying off or ret renching the
employees or c losing down the es tablishment.
(xi) Industr ial Employment (Standing Orders )
Act 1946
I t i s appl icable to a l l establishments employing 1000
or more Workmen (employment s ize reduced by some
of the States and Centra l Government to 50) . The Act
provides for laying down rules governing the
condi t ions of employment by the employer or mat ters
provided in the Act and get the same cert i f ied by the
designated Authori ty.
(xi i ) Trade Unions Act 1926 The Act lays down the procedure for regis t ra t ion of
t rade unions of Workmen and employers . The t rade
unions regis tered under the Act have been given
certa in immunit ies from civi l and criminal l iabi l i t ies.
(xi i i ) Child labour (prohibit ion and regulation )
Act 1986.
The Act prohibi ts employment of chi ldren below 14
years of age in certa in occupat ion and processes and
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
20 -
Signature of Tenderer No. of Corrections Signature of City Engineer
20
provides for regula t ion of employment of children in
a l l other occupations and processes. Employment of
chi ld labour is prohibi ted in Bui lding and Construct ion
Industry.
(xiv) Inter-State Migrant Workmen’s (
Regulation of Employment and Conditions of
Service ) Act 1979. The Act is appl icable to an es tabl ishment which
employees 5 or more inter-s ta te migrant Workmen
through an intermediary ( who has recrui ted Workmen
in one s tate for employment in the es tabl ishment
s i tua ted in another s ta te ) . The inter-s ta te migrant
Workmen, in an es tabl ishment to which this Act
becomes appl icable, a re required to be provided
certa in fac il i t ies such as housing, medical a id,
t ravel ing expenses f rom home upto the es tabl ishment
and back, etc .
(xv) The Building & other Construction
Workers (Regulation of Employment and
Conditions of Service) Act 1996 and the Cess
Act of 1996.
Al l the es tabl ishments who carry on any bui lding or
other construction Work and employs 10 or more
Workers are covered under this ac t . Al l such
establ ishments are required to pay cess a t ra te not
exceeding 2% of the cost of construction as may be
not i f ied by the Government . The employer of the
es tabl ishment is required to provide safe ty measures at
the Building or Construct ion Work and other welfare
measures, such as Canteens, Firs t -Aid fac il i t ies,
Ambulance, Housing accommodation for Workers near
the Workplace e tc. The employer to whom the Act
appl ies has to obta in a regis t rat ion cert i f icate f rom the
Regis ter ing Off icer appointed by the Government .
20. Safety
Provis ions
The Contrac tor shal l a t his own expense arrange for
the safe ty provis ions indica ted in Annexure `A’ or as
required by the Engineer, in respect of al l labour
direc tly or indirec t ly employed for performance of the
Works and shal l provide al l fac i l i t ies in connect ion
therewith. In case the Contrac tor fa i ls to make
arrangements and provide necessary fac il i t ies as
aforesaid, the Engineer shal l be enti t led to do so and
recover the costs thereof f rom the Contrac tor.
21. Provis ion of
Firs t -Aid Box
The contrac tor shal l , a t his own cost , provide and
mainta in a t the s i te of Works a s tandard f i rs t a id box
as di rec ted and approved by the Engineer for the use
of his own as wel l as the Corpora tion`s s taf f on si te .
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
21 -
Signature of Tenderer No. of Corrections Signature of City Engineer
21
22. Apprent ices The Contractor shall comply with the provision of the Apprentice
Act, 1961, and the rules and orders issued there under from time
to time. The contractor shall during the term of this agreement
maintain as a part of his organisation a system of apprenticeship
for training craftsmen as may be approved by the Engineer. The
apprentices are to be engaged and trained in the building
craft/trades. The number of apprentices to be engaged shall be
decided and got approved from the office of the Director of
Technical Education and State Apprenticeship Advisor,
Maharashtra State, Dhobi Talao, Bombay –400 001. Failure on
the part of the contractor to observe the stipulation of this
conditions shall be deemed to be failure to employ a sufficient
number of proper and efficient Workmen and all the rights and
remedies of the Commissioner therein provided including the
power to determine the contract shall be applicable in such case.
The Contractor shall also be liable for any pecuniary liability
arising on account of any violation by him of the provisions of
the Act.
23. Personnel. The Contractor shall employ the key personnel named
in the schedule of key personnel (Annexure ‘B’) or
other personnel approved by the Engineer to carry out
the funct ions. The Engineer wi l l approve any proposed
replacement of key personnel only i f the ir
qual if ica tions , abil i t ies and re levant experience are
substant ia l ly equal to or be t ter than those of the
personnel l i s ted in the schedule.
24. Temporary
Si te Off ice for
the Engineer
(For Works
Cost ing Above
Rs. 50 Lacks
Only)
The Contrac tor shal l a t his own cost and to the
sa t isfac tion of the Engineer , provide a si te of f ice of
not less than 25 Sq. Mtr . With brick walls , plas ter ing
inside, rough shahabad f looring and one wri t ing table
with s ix chairs and large s ize s tee l cupboard. He shal l
a lso make necessary arrangements for drinking water
and e lec tr ic connection and locking arrangement.
Upon complet ion of the whole work and after clearing
the s i te and upon expiry of defect l iabi l i ty period, the
Contractor shal l remove the s i te off ice and take
possession of the furni ture and cupboards provided by
him in the condi t ion i t was on the date of receiving
back the same.
25. Contractor’s
Off ice Near
Works
The Contrac tor shall have an off ice near the Works a t
which not ice f rom the Engineer may be served and
shal l , be tween the hours of sunrise and sunset on a l l
Working days, have a clerk or some other organisa t ion
person a lways present a t such off ice upon whom such
not ices may be served and service of any not ices lef t
wi th such c lerk or other organisa t ion person or a t such
off ice shal l be deemed good service upon the
Contractor .
26. Permission for
Erect ion &
The Contrac tor shal l obta in permission for erec tion of
s i te off ice, cement godown, s tore, e tc . on payment of
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
22 -
Signature of Tenderer No. of Corrections Signature of City Engineer
22
Removal of
Off ice on
Complet ion of
Work
necessary charges as demanded by the concerned
authori t ies as per the prevai l ing rules . The cement
godown, Watchman cabins, e tc . shal l be provided as
di rec ted and shal l be removed by the Contrac tor on
complet ion of the Work at their cost .
27. Use of
Munic ipal
Land
(a)The Contrac tor shal l not be permit ted to enter on
(other than for inspection purposes) or take possession
of s i te unt i l ins t ructed to do so by the Engineer in
wri t ing.
The portion of the site to be occupied by the Contractor shall be
defined and/or marked on the site plan, failing which these shall be
indicated by the Engineer. The Contractor shall on no account be
allowed to extend his operations beyond these areas. The use of such
portion of the site shall be allowed free of any lease rent during
scheduled time period for the completion of the Work. However at
the expiry of the stipulated period of the Work, as may be extended
from time to time, Contractor has to pay charges for these facilities
as per the prevailing rates levied by the Corporation for use of
public utility places.
The Contractor will be allowed to use the land for the purpose of
sheds, offices thereon for themselves and for the Engineer and his
subordinates and shall remove the same from the ground on the
completion of the Works, or when required to do so, by the Engineer
after receiving 7 days notice. He shall make good any damage which
may have been done and restore to good condition any thing which
may have been disturbed during the period of his occupation.
He shall not use or allow to be used any such ground, sheds or
offices, or any portion of the site of the Works, for any other
purpose than the carrying out of Works under this Contract, failing
which charges applicable will become payable in the event of there
being on plot or ground or insufficiency of ground belonging to the
Corporation available for the above purpose, the Contractor shall
provide other such ground at his own cost.
The Contractor shall in any case pay all taxes which may have to be
paid in respect of all ground, sheds or offices used as above, and all
the license fees, etc., that may be demanded for the storage or
otherwise of the various articles as per rules in force.
The Contractor shall provide, if necessary or if required on the site
all temporary accesses thereto and shall alter, adopt and maintain the
same as required from time to time and shall take up and clear them
away as and when no longer required and make good all damage
done to the site.
The contractor has also be allowed at the sole discretion of the
corporation to stack material required for execution of work in
corporation land out of the project area on payment of necessary
charges as per corporation rules for use of roads public utility
places.
28. Water Supply
for
Corpora t ion
Work
The water wi ll not be suppl ied by the Corpora t ion. The
Contractor has to make his own arrangements for
supply of water . However on avai labi l i ty of water i t
can be suppl ied a t the organisa t ion Corpora t ion ra te
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
23 -
Signature of Tenderer No. of Corrections Signature of City Engineer
23
and terms and condit ions .
29.
Electr ic
Supply
No power connect ion shal l be provided. The
Contractor shal l make a t his own cost his own
arrangement for power connect ion, i f required.
30. Contractor to
Protec t the
Work
The contrac tor shal l make his own arrangements for
protec ting the Work / protect ion ageis t obstruct ions
f rom any ant i -social e lements by taking a t his / the ir
cost pol ice protec t ion or such other legal methods
through law enforc ing authori t ies and that the
Corpora t ion shal l not be l iable to compensate the
contrac tor on this account. The Corporat ion would
only forward the appl ica t ion of the contrac tor to the
pol ice Dept t . Without any l iabi l i ty against the
Corpora t ion on this account.
31. Fencing,
Watching and
Light ing
The Contrac tor shall provide and mainta in a t his own
expense a l l l ights, guards , fencing and watching when
and where necessary or as required by the Engineer for
the protec t ion of the safe ty and convenience of those
employed on the Works or the publ ic . In the event of
fai lure on the part of the Contrac tor , the Engineer may
with or wi thout not ice to the Contrac tor put up a fence
or improve a fence a l ready put up or provide and/or
improve the l ight ing or adopt such other measures as
he may deem necessary, and a ll the cost of such
procedures as may be adopted by the Engineer shall be
borne by the Contrac tor. In addi t ion the Engineer may
impose such f ines or penalty as the Engineer may deem
reasonable, under Clause No. 53.
32. Contractor’s
Liabi l i t ies
& Insurance
(Car Pol icy)
From commencement to complet ion of the Works, the
Contractor shal l take ful l responsibi l i ty for the care
thereof and for taking precautions to prevent loss or
damage and to minimize the loss or damage to the
greatest extent possible and shal l be l iable for any
damage or loss that may happen to the Works or any
part thereof .
The pol icy so obtained shall cover ent i re period of
construction ( inc luding a l l extensions) and a lso shall
cover the Defects Liabi l i ty period. The pol icy shal l be
for the tota l Contract Sum.
Before commencing execution of the Work, the
Contractors shal l wi thout in any way l imit ing his
obl igat ions and responsibi l i t ies under this condi t ion,
insure against any damage loss or injury which may
occur to any property (Private, Government and/or
Corpora t ion) or to any person ( inc luding any employee
of the Corpora t ion) by or ar is ing out of the contrac t .
Al l insurances (Car Pol icy) to be affec ted by the
Contractors and/or his sub-contrac tors shal l be taken
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
24 -
Signature of Tenderer No. of Corrections Signature of City Engineer
24
out wi th Direc tora te of Insurance, Maharashtra Sta te
only. In case, however, a part icular aspect is not
covered under the pol icy to be obta ined f rom the
Direc torate of Insurance, Maharashtra s ta te , the
Contractor wi l l be a l lowed to have such insurance
f rom other insurance company with the prior
permission of the Commissioner .
I f the Contractor has a blanket insurance pol icy for a l l
his Works and the pol icy covers a l l the i tems to be
insured under this condi t ion, the sa id pol icy shal l be
ass igned by the Contractor , in favour of the
Corpora t ion; provided, however, if any amount is
payable under the pol icy by the insurers in respect of
Works other than the Works under this Contract , the
same may be recovered by the Contrac tor di rec t ly f rom
the insurers. The amount of cla im to the extent
payment made by Corpora t ion shall be direc t ly
re imbursed to Corpora t ion by insurer.
PROVIDED always tha t the Contractor shal l not
be enti t led to payment under the above provis ions in
respect of such loss or damage as have been
occasioned by any fai lure on his part to perform his
obl igat ions under the Contrac t or not taking
precaut ions to prevent loss or damage or minimize the
amount of such loss or damage.
Where a Corporation`s Building or part thereof is rented by the
Contractor or is allowed to be used by him, he shall insure the entire
building if the building or any part thereof is used by him for the
purpose of storing or using materials of combustible nature as to
which the decision of the Engineer shall be final and binding.
The Contractor shall indemnify and keep indemnified the
Corporation against all losses and claims for injuries or damage to
any person or any property whatsoever which may arise out of or in
consequence of the construction and maintenance of the Work and
against all claims, demands, proceedings, damages, costs, charges
and expenses whatsoever in respect of or in relation thereto.
PROVIDED always that nothing herein contained shall be deemed
to render the Contractor liable for or in respect of or to the
Corporation against any compensation or damage caused by the
Excepted Risks.
The Contractor shall at all times indemnify the Corporation against
all claims, damages or compensation under the provisions of
Payment of Wages Act 1936, Minimum Wages Act 1948,
Employers Liability Act 1938, the Workmen’s Compensation Act
1923, Industrial Dispute Act 1947, Indian Factories Act 1948 and
Maternity Benefit Act, 1961 or any modifications thereof and rules
made there under from time to time or as a consequence or any
accident or injury to any Workman or other persons in or about the
Works, whether in the employment of the Contractor or not, save
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
25 -
Signature of Tenderer No. of Corrections Signature of City Engineer
25
and except where such accident or injury have resulted from any act
of the Corporation, their agents or servants, and also against all cost,
charges and expenses of any suit, action or proceedings arising out
of such accident or injury and against all sum or sums which may
with the consent of the Contractor be paid to compromise or
compound any such claim without limiting his obligations and
liabilities as above provided. The Contractor shall insure against all
claims damages or compensation payable under the various acts
mentioned above or any modifications thereof or any other law
relating thereto.
The aforesaid insurance policies shall provide that they shall not be
canceled till the Commissioner has agreed to their cancellations.
The Contractor shall prove to the Engineer from time to time that he
has taken out all the insurance policies referred to above and has
paid the necessary premia for keeping the policies alive till the
expiry of the Defects Liability Period after completion of Work for a
period of not exceeding 12 months as per directives of Directorate of
Insurance, Maharashtra State.
The Contractor shall ensure that similar insurance policies are taken
out by his sub Contractors(if any) and shall be responsible for any
claims or losses to the Corporation resulting from their failure to
obtain adequate insurance protection in connection thereof. The
Contractor shall produce or cause to be produced by his Sub-
Contractor (if any) as the case may be, the relevant policy or policies
and premium receipts as and when required by the Engineer.
I f the Contrac tor and/or his sub-Contrac tors ( if any)
shal l fa i l to ef fec t and keep in force the insurance
referred above for any other insurance which he/ they
may require to effec t under the terms of Contrac t then
and in any such case the Commissioner may without
be ing bound to effec t and keep in force any such
insurance and pay premium or premia as may be
necessary for tha t purpose and f rom t ime to t ime
deduct the amount so paid by the Corpora t ion plus 20
per cent of premium or premia amount as service
charges f rom any money due or which may become due
to the Contractor or recover the same as debt f rom the
Contractor .
33. Contractor to
Preserve
Peace
The Contrac tor shall a t a l l t imes during the progress of
the Work take a l l requis i te precaut ion and use his best
endeavors for prevent ing any r iotous or unlawful
behavior by or amongst the Workers and other
employed on the Works and for the preservat ion of
peace and protec tion of the inhabi tants and securi ty of
property in the neighborhood of the Works. He shall
a lso pay the charges of such specia l pol ice ( i f any) as
the Engineer may deem necessary.
34. Protect ion of
Trees
Trees designated by the Engineer shal l be protec ted
f rom damage during the course of the Work and earth
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
26 -
Signature of Tenderer No. of Corrections Signature of City Engineer
26
level wi thin one metre of each such t ree shal l not
be changed. Where necessary, such t rees shal l be
protec ted by temporary fencing. Al l such cost shal l be
borne by the Contrac tor.
35. Maintenance
of Under-
ground Uti l i ty
Services
Al l the underground ut i l i ty services such as water
pipes, gas pipes, dra ins, sewers, cables e tc . , which
may be met up in or about any excavat ion, shal l if
the Engineer deem i t pract icable, be properly
mainta ined and protected by the Contrac tor himself
or through other agency by means of shoring, s t rut t ing,
planking over , padding or otherwise as di rec ted by the
Engineer during the progress of the Work without
c laiming any extra charges . Any damage to these
underground ut i l i ty services shal l be immedia te ly
remedied by the Contrac tor or by other agency a t his
own cost , fa i l ing which the Engineer may with or
wi thout not ice adopt such measures as he may deem
necessary a t the r isk and cost of the Contrac tor.
I f on the other hand, the Engineer considers i t
impract icable for the Contractor to mainta in any such
underground ut i l i ty services and that the
exigencies of the Work necessi ta te , the breaking down,
removal or divers ion of the said ut i l i ty services, the
cost of such breaking down, removal or divers ion
inc luding that of rebui lding, replac ing, divert ing and
re instat ing of any such ut i l i ty services shal l be paid to
the Contrac tor if done by him. However, the cost of
providing pumps, chutes or other appl iances as the
Engineer may direc t for the ra ising or temporary
passage of the water or sewage and the cost of
pumping out or removing as of ten as the Engineer may
direc t , any water or sewage which may escape f rom
any such underground ut i l i ty services, shal l be borne
by the Contrac tor.
The tenderer shal l contact a l l the publ ic bodies, e tc . to
know the under-ground services tha t may be
encountered by him / them during the execution of the
Work and account for the consequences of the s i te
res t ra ints whi le submit t ing the ir tenders. No
compensation / cost shal l be payable on account of any
under-ground services which obstructs the Work and
cause delay.
36. Precaut ions
for Works in
Thorough-
Fares
While the execution of any Work is in progress in any
s t ree t or thoroughfare the Contrac tor a t his own cost
shal l make adequate provis ion for the passage of
t raff ic , for securing safe access to al l premises
approached f rom such s t ree t or thoroughfare, and for
any dra inage, water supply, or means of l ight ing or
any other uti l i ty service which may be interrupted by
reason of execut ion of the Work. Whenever i t may be
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
27 -
Signature of Tenderer No. of Corrections Signature of City Engineer
27
necessary to s top the t raff ic in any s t reet or
thoroughfare permission must f i rs t be obta ined f rom
the Engineer and the Contrac tor shal l then put up such
barr iers and adopt such other measures or take
precaut ions as may be necessary or as the Engineer
may direc t for regula t ion of t raff ic . The Work shal l in
such cases be executed night and day or for as long a
period as prac ticable if so ordered by the Engineer,
and with such speed & vigour as he may require, so
tha t the t raff ic may be impeded for as short a t ime as
possible. The Contrac tor shal l remove the barr iers as
soon as the necessi ty for them has ceased. Care shal l
be taken by the Contrac tor to cause the least possible
obstruct ion to t raff ic during the progress of the Work.
37. Traff ic The contrac tor shal l have to make al l necessary
arrangements for regula t ing t raff ic day and night
during the period of construction and to the ent i re
sa t isfac tion of the Engineer .
This inc ludes the construct ion and maintenance of
divers ions, if necessary, a t no extra cost to the
Corpora t ion. The contrac tor shal l provide necessary
caution boards, barr icades, f lags and l ights , watchmen
e tc. so as to comply with the la tes t Motor Vehic le
Rules and Regula t ions and for t raff ic safety. The
contrac tor shal l be responsible for a l l c la ims for the
accidents which may arise due to his negl igence
whether in regula ting t raff ic or in s tacking materia ls
on the road or by any other reason.
38. Pumping out
Water
The Contrac tor wi l l be required to provide and opera te
a t his own cost al l pumps, engines and machinery
requis i te to keep the t renches for the sewer, drains or
foundat ions and a l l other excavat ions c lear of water
whether subsoi l water , storm waste or leakage f rom
tanks, wells, dra ins, sewers, water-mains , t ide water
e tc . so that there may be no accumulat ion of such
water and no se tt ing out may be done, no masonry may
be laid, no concre te deposi ted, no joints made and no
measurements taken in water. The pumping shal l be
cont inued so long after the execution of any port ion of
the Work as the Engineer may consider necessary for
the Work to se t . For the purpose of keeping the
excavat ions as dry as possible the Work would, if
necessary be divided into sec t ions or separa te port ions
as per best Engineering practices and temporary dams
wil l have to be put up by the Contrac tor , sumps for the
suct ion pipes to Work in, wi l l have to be excavated by
the Contrac tor a t such dis tances apart and to such
depths as the as per best Engineering practices. When
the Work progresses other sumps must, f rom t ime to
t ime, be excavated by the Contrac tor, disused sumps
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
28 -
Signature of Tenderer No. of Corrections Signature of City Engineer
28
being f i l led up by him with dry rubble careful ly hand
packed to the sa t isfac tion of the Engineer . The
Contractor wil l not be paid extra for any temporary
dams or sumps or the ir removal or ref i l l ing nor wil l
such Works be taken into measurement in any way,
unless otherwise provided.
The Contrac tor shal l not a l low any accumulat ion of
water e i ther f rom the Discharge of his dewatering
pumps or his water connect ions on si te of his Work.
The Contrac tor shal l make proper provis ion for leading
the pumped discharge to the nearest water entrance,
s torm water drain, manholes, or water course by means
of a wooden or G. I. channel or hose pipe. Under no
c i rcumstances the discharge wil l be a l lowed to f low,
a long a paved surface. If an accumulation is
unavoidable, i t shal l be t rea ted with insect ic ides to the
sa t isfac tion of the Engineer . In case of fa i lure to do
this on the part of Contrac tor such accumulat ion shall
be t rea ted by the Corpora t ion a t the r isk and cost of
the Contrac tor.
The contrac tors should note tha t under no
c i rcumstances any payment for pumping out water
f inding i ts way into t renches, hil l cutt ing, excavated
pi ts , Works s i te e tc . f rom whatever sources will be
permissible unless otherwise specif ica lly ment ioned in
the tender.
39. Storage of
Explosives
The Contrac tor shal l obta in the previous permission of
the competent authori ty such as the Chief of Fire
Services for the Si te , manner and method of s toring
explosives near the s i te of Work. Al l handl ing of
explosives, inc luding s torage , t ransport shal l be
carr ied out under the rules approved by the
“Explosives Department of the Government”.
40. Faci l i t ies to
the Other
Contractors
The contrac tor shal l , in accordance with the
requirements of the Engineer , a fford al l
reasonable faci l i t ies to other Contrac tors engaged
contemporaneously on separa te Contrac ts in
connect ion with the Works and for departmenta l labour
and labour of any other properly organisa t ion authori ty
or s ta tutory body which may be employed a t the
Si te on execution of any Work not inc luded in the
Contract or of any Contrac t which the Corpora t ion may
enter into in connect ion with or anci l la ry to the Works.
41. Prevent ion of
Mosqui to
Breeding a t
Construct ion
Si te
( i )The contrac tor shal l on the respect ive construction
s i te insta ll mosqui to proof and accessible water
s torage tanks or to cover / protec t the present water
s torage tanks properly.
( i i ) The contrac tor shal l periodica l ly give larvaecidal
t rea tment to water storage tanks, s i tes of water
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
29 -
Signature of Tenderer No. of Corrections Signature of City Engineer
29
s tagnat ion, water col lec t ion.
( i i i ) Any expendi ture that may be incurred by the
Corpora t ion to ensure tha t the above condi t ions are
fulf i l led by the contrac tor wi l l be debi table to
contrac tors account and wil l be recovered f rom the
bi l ls of the contrac tor f rom t ime to t ime.
42. Sani ta t ion
The Contrac tor shal l , a t his own cost , make a l l
necessary provis ions for heal th and safety of his
labour / employees. He shall , when required by the
Engineer , provide proper la t r ines and urinals to the
sa t isfac tion of the Engineer in such numbers and in
such locali t ies as he may require, and shal l take a ll
s teps necessary to compel his labour / employees to
resort to such la t r ines and urinals, and shal l dismiss
f rom his employment and remove f rom the Works any
one detec ted obeying the ca l ls of na ture in any place
other than the conveniences a l lotted for such purposes.
The sa id la t r ines shal l be under the superintendence
and orders of the Engineer or his subordinates.
43. Not to Allow
Huts
The Contrac tor shal l , on no account, a l low any huts to
be erec ted on Corpora t ion property unless otherwise
permit ted by the Engineer in wri t ing, to be inhabi ted
af ter sunset by anyone except the watchmen required
for the Works, and none of his employees, except such
watchmen as aforesaid, shal l sleep at night on any part
of the Works. In case of any offence commit ted by any
of the labour or employees of the Contrac tor against
any of the provis ions of this condi t ion the Contrac tor
shal l be l iable to a penalty not exceeding Rupees
Hundered for every such offense and the same shall be
charged to the account of the Contrac tor .
44. Treasure
Trove Fossi ls
e tc .
Al l fossi ls , coins, a r t icles of va lue or ant iqui ty and
s t ructura l and other remains things of geological or
archaeological interest discovered in or upon the s i te
shal l be absolute property of the Corpora t ion and the
Contractor shal l duly preserve them and shall take
precaut ions to prevent his Workmen or any other
person f rom removing or damaging any such art ic les or
thing and shal l immedia tely upon discovery thereof
and before removal acquaint the Engineer wi th such
discovery and shal l f rom t ime to t ime del iver the same
to such person or persons as the Engineer may f rom
t ime to t ime appoint to receive the same a t the expense
of the Corpora t ion.
45. Patent’ Right
and Royal t ies
The contrac tor shal l save harmless and indemnify the
Corpora t ion f rom and against al l cla ims and
proceedings for or on account of inf r ingement of any
Patent r ights , design t rademark or name of other
protec ted r ights in respect of any construct ional plant,
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
30 -
Signature of Tenderer No. of Corrections Signature of City Engineer
30
machine Work, or materia l used for or in connect ion
with the Works or any of them and f rom and against a l l
c laims, proceedings, damages, costs, charges and
expenses whatsoever in respect thereof or in re la t ion
there to. Except where otherwise specif ied, the
contrac tor shal l pay a l l tonnage and other royal t ies,
rent and other payments or compensat ion, if any, for
ge t t ing s tone, sand, gravel , c lay or other materia ls
required for the Works or any of them.
46. Quarry i )Quarry for extrac t ion of murum, s tone, rubble or any
other materia l shal l not be made avai lable by the
corpora t ion the contrac tor has to make his own
arrangements for quarry a t his cost .
i i )The successful tenderer shal l submit quarry permit
f rom the competent authori ty before s tart ing the Work
.
47. Photographs
of The Works
No photographs of the Work or any part there of or
equipment employed thereon shal l be taken or
permit ted by the contrac tor to be taken by any of his
employees or any employees of his sub- contrac tor
wi thout the prior approval of the Engineer in wri t ing
and no such photographs shal l be publ ished or
otherwise c i rculated without the approval of the
Engineer in wri t ing.
48. Notices to
Local Bodies
( i )The contrac tor shal l comply with and give al l
not ices required under any Government Authori ty,
Inst rument, rule or order made under any Act of
parl iament, sta te laws or any regula tion or Bye-laws of
any local authori t ies or publ ic ut i l i t ies concern
re la ting to Works. He shal l before making any
varia t ion f rom the contrac t drawings necessi tated by
such compliance give to the Engineer a not ice giving
reasons for the proposed varia t ion and obta ined
Engineer’s inst ruct ions thereon.
( i i ) The contrac tor shal l pay and indemnify the
Corpora t ion against any l iabi l i ty in respect of any fees
or charges payable under any Act of parl iament, s ta te
laws or any Governmenta l Inst rument, rule or order
any regula t ions or bye-laws of any local authori ty or
publ ic ut i l i ty concern in respect of the Works.
49. Notices Subject as otherwise provided in this contract all notice to be given
on behalf of the Corporation and all other actions to be taken on its
behalf may be given or taken by the Engineer or any officer for
the time being entrusted with the functions, duties and powers of the
Engineer.
All instructions, notices and communications etc. under the contract
shall be given in writing and if sent by registered post to the last
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
31 -
Signature of Tenderer No. of Corrections Signature of City Engineer
31
known place or abode or business of the Contractor shall be deemed
to have been served on the date when in the ordinary course of post
these would have been served on or delivered to him.
50. Use of B. I.S.
Specif ica t ions
In case where no part icular specif ica t ion is given for
any art ic le to be used under the contrac t , the re levant
specif ica t ion, where one B. I.S. exis ts, of the Beauro of
Indian Standards shal l apply.
PART – III
WORK PROCEDURE
51. Possession of
Si te and
Access
There to.
The Corpora tion wil l , wi th the Engineer’s not ice to
commence the Works, give to the Contractor
possession of the Si te .
Such access, as is in accordance with the Contrac t , i s
to be provided by the Corpora t ion as may be required
to enable the Contrac tor to commence and proceed
with the execut ion of the Works in accordance with the
programme referred to in Clause 86 i f any, and
otherwise in accordance with such reasonable
proposals as the Contrac tor shall , by not ice to the
Engineer make.
The Corpora tion wil l , f rom t ime to t ime as the Works
proceed, give to the Contractor possession of such
further port ions of the Si te as may be required to
enable the Contrac tor to proceed with the execut ion of
the Works with due dispatch in accordance with such
programme or proposals, as the case may be.
52. Fai lure to
Give
Possession
The contrac tor should note tha t the s i te for Work may
be made avai lable by the Corpora tion in ful l or in part
and that the contractor shal l plan his Works to
commensura te with the handing over the s i te . No claim
of compensat ion on account of delay in making
avai lable the Si te shal l be payable to the contrac tor.
However, t ime extension for complet ing the Work
shal l be given to the Contractor in case of such delay.
53. Unforeseeable
Physica l
Obstruct ions
or Condi t ions
If , however, during the execut ion of the Works the
Contractor encounters physica l obstructions or
physica l condi t ions, other than c l imatic condi t ions on
the Si te , which obstruct ions or condit ions were, in his
opinion, not foreseeable by an experienced contrac tor,
the Contrac tor shal l forthwith give not ice thereof to
the Engineer. On receipt of such not ice, the Engineer
shal l , i f in his opinion such obstructions or condi t ions
could not have been reasonably foreseen by an
experienced contractor , a f ter due consulta t ion with the
Contractor , de termine:
any extension of t ime to which the Contrac tor is
ent i t led under Clause 80.
54. Drawings:
Custody of
The Drawings shall remain in the sole custody of
Engineer , but two copies thereof’ shall be furnished to
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
32 -
Signature of Tenderer No. of Corrections Signature of City Engineer
32
Drawings the Contrac tor f ree of charge . The Contrac tor shall
provide and make a t his own expense any further
copies required by him. At the complet ion of
the Contrac t , the Contractor shal l re turn to the
Engineer a l l drawings provided under the Contrac t .
55. One copy of
Drawing to be
Kept on Si te .
One copy of the drawings, furnished to the Contrac tors
as aforesaid, shal l be kept by the Contrac tor on the
s i te and the same shal l a t al l reasonable t imes be
avai lable for inspect ion and use by the Engineer and
the Engineer’s Representa t ive and by any other
persons organisa t ion by the Engineer in wri t ing.
56. Discrepancies
in Drawings
or
Specif ica t ions
The drawings and specif ica t ions are to be considered
as mutual ly explanatory of each other, de ta i led
drawings being fol lowed in preference to smal l scale
drawings and f igured dimensions in preference to sca le
and specia l condit ions in preference to general
condi t ions. Specia l condi t ions or dimensions given in
the specif ica tions shal l supersede a l l else. Should any
discrepancies, however appear, or should any
misunderstanding arise as to the meaning and import
of the sa id specif ica tions or drawings, or as to
meaning and as to the to the dimensions or the qual i ty
of the materia ls or the due and proper execution of the
Works, or as to the measurement or qual i ty and
valuat ion of the Works executed under this Contrac t ,
or as extra thereupon the same shal l be explained by
the Engineer be binding upon the Contractor and
Contractor shall be execute the Work according such
explanat ion (subject as aforesa id) and without extra
charge or deduct ion to or f rom the contrac t and shall
a lso do al l such Work and things as may be © for the
proper complet ion of Works as impl ied by the
Drawings and Specif ica tions, even though such Works
and things are not specif ica l ly shown and described in
the said Drawings and Specif ica t ions . The f inal
decis ion of the Commissioner in case a reference be
made to him under Clause No. 89 be binding upon the
Contractor and Contrac tor shall execute the Works
according to such explanat ion ( subjec t to aforesaid )
and shall a lso do a l l such Works and required things as
may be necessary for the proper complet ion of Works
as impl ied by the drawings and specif ica tions, even
though such Works and things are not specif ica l ly
shown and described in the sa id drawings and
specif ica t ions.
57. Engineer to
have Power to
Issue Further
Drawings or
Inst ruct ions
The Engineer shall have the power and authori ty f rom
t ime to t ime and a t a l l t imes to make and issue such
further drawings and to give such further inst ructions
and direc t ions as may appear to him necessary or
proper for the guidance of the Contrac tor and the good
and suff icient execut ion of the Works according to
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
33 -
Signature of Tenderer No. of Corrections Signature of City Engineer
33
terms of the specif ica t ions and Contrac tor shal l
receive , execute obey and be bound by the same,
according to the t rue intent and meaning thereof , as
ful ly and ef fectual ly as though the same had
accompanied or had been ment ioned or referred to in
the specif ica tion. The Engineer may a lso a l ter or vary
the levels or posi t ion of any Works contemplated by
the specif ica tions, or may order any of the Works
contemplated thereby to be omit ted, wi th or wi thout
the subst i tut ion of any other Works in l ieu thereof , or
may order any Work or any port ion of Work executed
or part ia l ly executed, to be removed, changed or
a l tered, and if needful, may order tha t other Works
shal l be subst i tuted instead thereof and dif ference of
expense occasioned by any such diminut ion or
a l tera t ion so ordered and direc ted shal l be added to or
deducted f rom the amount of this Contrac t as provided
under the Clause No. 101 and 102.
No Work which radical ly changes the original na ture
of the Contract shall be ordered by the Engineer and in
the event of any devia t ion being ordered which in the
opinion of the Contrac tor changes the original na ture
of Contrac t he shal l nevertheless carry i t out and
disagreement as to the nature of the Work and the rate
to be paid therefore shall be resolved in accordance
with Clause No.114.
The t ime for complet ion of the Works, shal l in the
event of any devia t ions resul t ing in addi t ional cost
over the Contrac t Sum being ordered, be extended or
reduced reasonably by the Engineer . The Engineer’s
decis ion in this case shal l be f ina l .
58. Levels
Al l levels referred to in connection with these Works
are based on Great Trigonometric survey (G.T.S. )
levels. The Contractor should a lso keep the level ing
inst rument in good Working condi t ion through out the
period of construct ion Work on si te .
59. Set t ing Out
the Work.
The Engineer shall supply dimensioned drawings,
levels and other information necessary to enable the
Contractor to se t out the works. The Contractor shal l
provide a l l set t ing out appara tus a t his own cost , such
as level ing inst ruments in good working condi t ion and
appl iances, a l l pegs, ranging rods, long measuring
rods, marked metres and organisat ion and each metre
and organisa t ion numbered, pots and s ight-ra i ls ,
boning rods, moulds , templa tes, e tc . together wi th any
reasonable number of labourers tha t may be reuired
and se t out the work and be responsible for the
accuracy of the same. The Contrac tor shal l amend at
his own cost and to the sat isfac t ion of the Engineer
any error found a t any s tage which may arise through
inaccurate se t t ing out . The Contrac tor shal l protec t and
preserve a l l bench marks used in se t t ing out the work
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
34 -
Signature of Tenderer No. of Corrections Signature of City Engineer
34
t i l l the end of Defects Liabi l i ty period unless the
Engineer di rec ts i ts early removal . The Contrac tor
should also keep level ing inst rument in good working
condi t ion throughout the period of construct ion work
on s i te .
60. Works Closed
Between
Sunset and
Sunrise or on
Sundays and
Hol idays
No Work shal l be done between sunset and sunrise or
on Sunday or Municipal hol idays and except with the
specia l sanct ion of the Engineer in wri t ing previously
obta ined and the withholding of such sanct ions shal l
be no ground of complaint on the part of contrac tor or
cause for compensation to him, or excuse for not
complet ing the Work within the contract period. The
period within which the Work has to be carr ied out and
completed has been f ixed in terms of this c lause with
the provis ion tha t the tota l number of hours of Work
permissible shal l not exceed 48 hours in a week and in
no case more than 8 hours on any Working day, the
ac tual t ime within which the said hours shal l be
Worked being subjec t to mutual arrangements wi th the
Contractor a t the commencement of the Works or f rom
t ime to t ime as may be required and provided that al l
Works shal l be s topped for rest and meals for one hour
a t about mid-day exclusive of the permissible hours
aforesaid for the Works.
Though sanction may be accorded to the Contractor to
Work on days and a t t imes otherwise normal ly non-
permissible under this Contrac t , the Contrac tor shal l
be required to bear the cost for such supervis ion as in
the opinion of the Engineer may be necessary a t these
t imes.
I t should be dis t inc tly unders tood that the grant ing of
permission to Work extra hours or to Work on Sundays
and hol idays wil l be ent i rely a t the discre t ion of the
Engineer and cannot be c la imed by the contrac tor as a
mat ter of r ight .
I f on the other hand the Engineer requires tha t the
Work shal l be proceeded with on days and a t t imes
otherwise normal ly non-permissible under this contrac t
the contrac tor shall proceed with the Work but he wil l
not be required in such cases to bear the cost of the
Munic ipal es tabl ishment employed a t the t ime.
The contrac tor a t al l t imes during the cont inuance of
this contrac t shal l in a l l his deal ings with local labour
for the t ime being employed on the Works
contemplated by this contrac t have due regard to a l l
local fes t iva ls and re l igious or othe r customs and
a l l disputes, mat ters and quest ions ar is ing between the
contrac tor and any of his agent on the one hand and
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
35 -
Signature of Tenderer No. of Corrections Signature of City Engineer
35
any local labour on the other hand with respect to any
mat ter or thing in any way connected with this contract
shal l be decided by the Commissioner whose decis ion
shal l be f ina l and binding on a l l part ies.
61. Work to be in
Accordance
with Contrac t .
The Contractor shall execute and complete the Works and remedy
any defects therein in strict accordance with the Contract to the
satisfaction of the Engineer.
62. Duties and
Powers of the
Engineer’s
Representa t ive
The duties of the representative of the Engineer are to check, watch
and supervise Work and to test and examine any material to be used
or Workmanship employed in connection with the Works. He shall
have no authority to relieve the Contractor of any of his duties or
obligations under the contract nor to except as expressly provided
here under or elsewhere in the contract to order any Work involving
delay or any extra payment by the Corporation or to make any
variation of or in the Works.
Fai lure of the representat ive of the Engineer to
disapprove any Work or materia l shal l not prejudice
the power of the Engineer thereaf ter to disapprove
such Work or materia l and to order the pul l ing down,
removal or breaking up thereof .
I f the contrac tor shal l be dissa t isf ied with any decis ion
of the representa t ive of the Engineer he shal l be
ent i t led to refer the mat ter to the Engineer who shal l
thereupon confi rm, reverse or very such decis ion.
63. Engineer’s
Decision
The whole of the Work shal l be under the direct ion of
the Engineer, whose decis ion shal l be f ina l , conclusive
and binding on a l l part ies to the contrac t , on a ll
quest ions re la t ing to the construct ion
and meaning of plans , Working drawings, sec t ions and
specif ica t ions connected with the Work.
64. Inst ruct ions to
Contractor
The Contrac tor or his agent shall be in a t tendance a t
the s i te(s) during a l l Working hours and shall
supervise the execut ion of the Works with such
addi t ional ass istance in each t rade as the Engineer may
consider necessary. Orders given to the Contractor’s
agent shall be considered to have the same force as if
they had been given to the Contractor himself .
The Engineer shall communicate or confirm his instruction to the
Contractor in respect of the execution of Work in a “Works site
order Book” maintained in the office of the Engineer and the
Contractor or his authorised representative shall confirm receipt of
such instructions by signing the relevant entries in this book. If
required by the Contractor he shall be furnished a certified true copy
of such instruction(s). If the Contractor fails to comply with the
instruction(s) of the Engineer, the Engineer may impose the daily
penalty of Rs.500 (Rupees Five Hundred) for each of such defaults.
This penalty will not prejudice the right of the Municipal
Commissioner or the Engineer to claim compensation.
65. Work Order A Work order book shal l be mainta ined on s i te and i t
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
36 -
Signature of Tenderer No. of Corrections Signature of City Engineer
36
Book shal l be the property of Corpora t ion and the Contrac tor
shal l promptly s ign orders given there in by Engineer
or his representa tives and his superior off icers and
comply with them. The Contrac tor shal l report the
compliance in good t ime so tha t i t can be checked. The
contrac tor wi l l be a l lowed to copy out ins t ruct ion
there in f rom t ime to t ime.
66. Management
Meet ing
Ei ther the Engineer or the Contrac tors may require the
other to a t tend Management meeting. The business of a
management meet ing shal l be to review the plans for
remaining Works.
Engineers shal l record the business of management
meet ings and is to provide copies of his record to
those a t tending the meet ings. The responsibi l i ty of the
part ies for act ions to be taken is to be decided by the
Engineer e i ther a t the management meet ings or af ter
the management meet ings and s ta ted in wri t ing to a l l
who at tend the meetings.
67. Materia ls (a) Material to be provided by the Contractor:
The Contractor shall, at his own expense, provide all materials
required for the Works.
All materials to be provided by the Contractor shall be in conformity
with the specifications laid down in the contract and the Contractor
shall, furnish proof to the satisfaction of the Engineer that the
materials so comply. Contractor shall produce proof viz. challans,
bills, vouchers etc. so as to ensure that the material was brought on
site and quantities used as per the norms, specifications etc.
Off icers of the Corpora t ion concerned with the Work
shal l be ent i t led a t any t ime to inspect and examine
any materia l intended to be used in or on the Works
e i ther on the s i te or a t fac tory or Workshop or other
places where such materia ls are assembled, fabrica ted
or manufactured or a t any place(s) where these are
laying or f rom which these are being obta ined and the
Contractor shal l give such fac i l i t ies as may be required
for such inspect ion and examinat ion. The materia ls
brought on s i te outside Working hours shal l be s tacked
separa tely t i l l they are inspected by the Engineer or
his representat ive .
Al l materials brought to the si te shal l not be removed
off the s i te wi thout the prior wri t ten approval of the
Engineer . But whenever the Works are f ina l ly
completed the Contrac tor shal l at his own expense
forthwith remove from the s i te al l surplus materia ls
original ly suppl ied by him.
The Contrac tor shall , a t his own expense and without
de lay, supply to the Engineer samples of materia ls
proposed to be used in the Works. The Engineer shal l
wi thin seven days of supply of samples or wi thin such
further period as he may require and int imated to the
Contractor in wri t ing, inform the Contrac tor whether
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
37 -
Signature of Tenderer No. of Corrections Signature of City Engineer
37
the samples are approved by him or not . I f the samples
are not approved the Contrac tor shal l forthwith arrange
to supply to the Engineer for approval f resh samples
complying with the specif ica t ions laid down in the
contrac t .
The Engineer shal l have ful l powers to require removal
of any or a l l of the materia ls brought to s i te by the
Contractor which are not in accordance with the
contrac t specif ica tions or which do not conform in
character or qual i ty to the samples approved by him.
In case of defaul t on the part of the Contrac tor in
removing the re jec ted materials, the Engineer shal l be
a t l iberty to have them removed by other means. The
Engineer shal l have ful l powers to procure other
proper materia ls to be substi tuted for rejec ted
materia ls and in the event of the Contrac tor refusing to
comply, he may cause the same to be suppl ied by other
means. Al l costs, which may a t tend upon such removal
and/or subst i tut ion shal l be borne by the Contractor .
Subject as here inafter provided in Clause No.98 a ll
charges on account of Octroi , te rminal or sa les tax
and other duties on materia l obta ined for the Works
f rom any source shal l be borne by the Contrac tor.
The Engineer shall be entitled to have tests carried out as specified
in the contract for any materials supplied by the Contractor other
than those for which as stated above, satisfactory proof has already
been produced, at the cost of the Contractor and the Contractor shall
provide at his expense all facilities which the Engineer may require
for the purpose.
If no tests are specified in the contract, and such tests are required
by the Engineer the Contractor shall provide all facilities required
for the purpose and charges for these tests shall be borne by the
Contractor only if the tests disclose that the said materials are not in
accordance with the provision of the contract.
The cost of the materia ls consumed in tes t shal l be
borne by the Contrac tor in a l l cases except when
otherwise provided.
For carrying out tests on soil, cement, sand, aggregate, brick and
concrete etc. the standard will be as prescribed in relavant I.S. The
Engineer may direct the Contractors to get the samples of materials
tested in CIDCO, PWD, VJTI, IIT, or any approved laboratory out
of those accredited by National Accreditation Board of Laboratories,
Govt. of India. The results of the tests shall be binding on the
Contractor and Corporation. In case the Contractor disputes the
results of tests, it is open for him to ask for the re-testing in which
case the cost shall be borne by the Contractor. The decision of the
Engineer on acceptability or re-testing by Corporation or testing
again independently in VJTI or IIT will be binding on both the
parties to the contract.
68. Stock of (a)The Contractor shal l a t his own expense provide and
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
38 -
Signature of Tenderer No. of Corrections Signature of City Engineer
38
Materia ls
Required
furnish himself with sheds and yards in such s i tua tions
and in such numbers as, in the opinion of the Engineer
are requis i te for carrying out the Works under this
contrac t , and the Contrac tor shal l keep a t each of such
sheds and yards a suff icient quant i ty of materia ls in
s tock so as not to delay the carrying out the Works
with due expedi t ion and the Engineer and his sub-
ordinates shal l have f ree access to the sa id sheds or
yards a t any t ime for the purpose of inspect ing the
s tock of materia ls so kept in hand any material or
ar t icle , which the Engineer may objec t to , shal l not be
brought upon or used in the Work but shal l be
forthwith removed f rom the sheds or yards by the
Contractor a t his own cost . The Contractor wi l l
however be a llowed to use for the above purpose the
completed portion of the bui ldings if avai lable.
(b) General :
Cement brought on s i te by the Contractors shal l be
s tored in waterproof godown with two locks on each
door. The key of one lock of each door shal l remain
with the Engineer or his representat ive and that of the
other lock with the Contractor’s organisa t ion agent a t
s i te of Works so that cement
is removed f rom the godown only according to dai ly
requirements wi th the knowledge of both the part ies.
69. Product ion of
Vouchers
The Contrac tor shall , produce al l quotat ions , invoices
vouchers and accounts or receipts e tc . to prove that the
materia ls supplied by him are in conformity with the
specif ica t ions la id down in the Contrac t and the same
are brought to the s i te and ut i l ized on the said Works.
70. Plant and’
Equipment
The Contractor shall arrange at his own expense all tools, plant
and equipment required for execution of Works. If required by the
Contractor and if available the Corporation may supply such of the
tools, plant and equipment as are available, to the Contractor at the
rates and terms to be specified by the Engineer. No tools, plant and
equipment once brought to the Work site shall be removed without
the written permission or order of the Engineer, until he has certified
the completion of the Work.
I f any Tools , Plants and equipment brought on s i te , a re
in the opinion of the Engineer inef f icient , bad or of
inferior qual i ty or are unsui ted for the Works then
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
39 -
Signature of Tenderer No. of Corrections Signature of City Engineer
39
such tools, plant and equipment shal l not be used on
the Works but shal l be removed by the Contractor at
his own expense within twenty four hours af ter the
service of a wri t ten order or not ice f rom the Engineer
to tha t effec t and fresh tools, plant and equipment be
subst i tuted in l ieu of tha t ordered to be removed by the
Engineer .
71. Inspect ion &
Approval
Al l Works embracing more than one process shal l be
subjec t to examination and approval at each stage
thereof and the Contrac tor shal l
give due not ice to the Engineer or his organisa t ion
representa tive when each s tage is ready. In defaul t of
such not ice, the Engineer shal l be ent i t led to appra ise
the qual i ty and extent thereof .
No Work shall be covered up or put out of view without the
approval of the Engineer or his organisation representative and the
Contractor shall afford full opportunity for examination and
measurement of any Work which is about to be covered up or out of
view and for examination of foundation before permanent Work is
placed thereon.
The Contractor shall give due notice to the Engineer or his
organisation representative whenever any such Work or foundation
is ready for examination and the Engineer or his representative shall
without unreasonable delay, unless he considers it necessary and
informs the Contractor in writing accordingly, attend for the purpose
of examining and measuring such Work or examining such
foundations. In the event of the failure of the Contractor to give such
notice he shall, if required by the Engineer, uncover such Work at
the Contractor’s expense.
Departmental officers concerned with the Works shall have powers
at any time to inspect examine any part of the Works
and the Contractor shall give such facilities as may be required for
such inspection & examination.
72. Uncovering
and Making
Good
No part of the Works shal l be covered up or put out of
view without the approval of the Engineer . The
Contractor shal l uncover any part of the Works and/or
make opening in or through the same as the Engineer
may f rom t ime to t ime direc t for his veri f ica t ion and
shal l reinstate and make good such part to the
sa t isfac tion of the Engineer , if any such part has been
covered up or put out of view af ter be ing approved by
the Engineer and is subsequent ly found on uncovering
to be executed in accordance with the contrac t , the
expenses of uncovering and/or making openings in or
through, re instat ing and making good the same shall be
borne by the Corpora t ion. In any other case a ll such
expenses shal l be borne by the Contrac tor .
73. Contractor to
Search
The Contractor shal l , i f required by the Engineer in
wri t ing, search under the direc tion of the Engineer for
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
40 -
Signature of Tenderer No. of Corrections Signature of City Engineer
40
the cause of any defect , imperfec t ion or faul t
appearing during the progress of the Work or in the
period of maintenance. Unless such defect ,
imperfec t ion or faul t shall be one for which the
Contractor is l iable under the contrac t , the cost of the
Work carr ied out by the Contrac tor in searching as
aforesaid shal l be borne by the Corpora t ion.
If such defect , imperfec t ion or faul t shal l be one for
which Contractor is l iable as aforesa id, the cost of the
Work carr ied out in searching as aforesa id shal l be
borne by the Contrac tor and he shall in such case
repair, rec ti fy and make good such defect ,
imperfec t ion or fault , a t his own expense.
74. Defaul t of
Contractor in
Compliance
In case of defaul t on the part of the Contrac tor in
carrying out such inst ruct ion within the t ime specif ied
there in or, i f non, wi thin a reasonable t ime, the
Corpora t ion shal l be enti t led to employ any other
persons to carry out the same and al l costs consequent
thereon or inc idental there to shal l , a f ter due
consul ta t ion with the Corpora tion and the Contrac tor,
be determined by the Engineer and shall be
recoverable f rom the Contrac tor by the Corpora t ion
f rom any monies due or to become due to the
Contractor and the Engineer shal l not ify the Contrac tor
accordingly.
75. Urgent Works If any Urgent Work ( in respect whereof the decision of
the Engineer shal l be f ina l and binding) becomes
necessary and the Contrac tor is unable or unwil l ing a t
once to carry i t out , the Engineer may by his own or
other Work people, carry i t out as he may consider
necessary. If the urgent Work shal l be such as the
Contractor is l iable under the contrac t to carry out at
his expense a l l expense incurred on i t by the
Corpora t ion shal l be recoverable f rom the Contrac tor
and be adjusted or se t of f against any sum payable to
him.
PART – IV
TIME SCHEDULE AND DELAYS
76. Commenceme
nt Time
The t ime al lowed for execut ion for the Works as
specif ied in the contrac t documents shal l be the
essence of the contrac t . The execut ion of the Works
shal l commence f rom the date specif ied by the
Engineer in wri t ing. If the Contrac tor fai ls or neglec ts
to commence the execution of the Works as
aforesaid, the Corpora t ion shal l wi thout prejudice to
any other r ight or remedy be a t l iberty to forfe i t the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
41 -
Signature of Tenderer No. of Corrections Signature of City Engineer
41
securi ty deposit absolute ly.
77. Extension of
Time for
Complet ion
due to
Monsoon.
In any case where the t ime prescribed for complet ion
of any Work is exclusive of monsoon period. No new
trench Work should be s tar ted af ter 15t h
May and
exis t ing t renches are required to be re insta ted by 31s t
May every year . The s i te shal l be c leared in al l respect
inc luding removal of surplus material on or before 10t h
June of every year . The monsoon period shall be
deemed to be f rom 10t h
June to 30t h
Sept. of the
ca lendar year .
However, i f the Contractor is permit ted by the
Engineer to Work during any monsoon. Period, a l l
such period shal l be taken into account for the
ca lcula t ing the contrac t period on pro-ra ta basis as
under.
Cost of Work done
Effec t ive during monsoon
days = --------- ---- ---- x No. of days of
Tota l cost of Contrac t period
Contract Work
In the event of the Contractor fa i l ing to comply with
this condi t ion. He shal l be l iable to pay as
compensation as stated in Clause No.90.
78. Extension of
Time due to
Unforsean
events
If the work be delayed by –
(a)Force measure such as ac ts of God, ac t of publ ic
enemy, ac t of government, f loods, epidemics e tc. or
(b) Abnormal ly bad weather, or
I Serious loss or damage by f i re or
(d) Civi l commotion, local combination of
workmen, st r ike or lockout affec ting any of the
t rades employed on the work, or
(e) Delay on the part of other Contrac tor or
t radesmen engaged by the Munic ipal
Corpora t ion in execut ing works not forming part
of the contrac t or
(f ) The reasons s ta ted in condi t ion No 84 and 85.
(g) Any other cause, in the absolute discre t ion of the
Engineer .
Then upon the happening of any such event causing
delay, the Contrac tor shal l immedia te ly give not ice
there of in wri t ing to the Engineer but shal l
nevertheless use constant ly his best endeavors to
prevent or make good the delay and shall do a l l tha t
may be reasonable required to the sa t isfac tion of the
Engineer to proceed with the work.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
42 -
Signature of Tenderer No. of Corrections Signature of City Engineer
42
Request for extension of t ime, to be el igible for
considera t ion shal l be made by the Contrac tor in
wri t ing within 14 (fourteen) days of the happening of
the event causing delay. The Contrac tor may also, if
prac t icable indica te in such a request the period for
which extension is desi red. In any such case, the
engineer may give a fai r reasonable extension of t ime
for complet ion of individual i tems or groups of i tems
of work for which separa te periods of complet ion are
specif ied in the contrac t or the contact as whole. The
decis ion of the Engineer in regard to the extension wil l
be communicated to the Contrac tor in wri t ing within a
reasonable t ime and the Contrac tor shall a lso be paid
such compensat ion tha t in the opinion of the Engineer
is fa i r and reasonable to cover the delays resul t ing
f rom the provis ions under the sub c lause (e) above.
The t ime extended for completing the work shal l be the
essence of the contrac t for the period extended.
79. Network
Schedule &
Monthly Progress
Reports
(a)On award of the contrac t , the Contrac tor shall
submit the t ime schedule for the Works in the ‘ form
of PERT Net Works or Bar chart .
(b) The schedules shall be prepared in direct relations to the time
stated in the contract documents for completion of items or groups
of items of Work and or the contract as a whole. It shall indicate the
dates of commencement and completion of various activities of the
Work. And should conta in no ac t ivi t ies wi th a dura t ion
greater than 28 days. Milestones would be so
determined that at least 10 percent of the events are
milestones and no two milestones are more than 3
months apart .
The Engineer may approve the Schedule as submitted or suggest
modifications as he thinks necessary. The Contractor shall modify
the chart accordingly and obtain Engineer’s approval.
(c )The f ina l ized Network may be amended f rom t ime
to t ime, if fel t necessary by the Contrac tor, wi th the
approval of the Engineer.
(d)A f ixed sum shall be held in abeyance a t the t ime of
the next inter im payment for non-a t tainment of
each miles tone in the Network and shal l be re leased
only on complet ion of the Work after deducting the
compensation for delay i f there is Contrac tor’s faul t as
per provis ion in Clause No. 86 and penal ty covered
under Clause No. 53. The f ixed sum shal l be :
Rs.10,000/- for all contracts over Rs.25 Lakhs and upto the value of
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
43 -
Signature of Tenderer No. of Corrections Signature of City Engineer
43
Rs.100 Lakhs.
Rs.20,000/- for all contracts over Rs. 1 crore and upto the value of
Rs.5 crores
Rs.35,000/- for all contracts over Rs. 5 crores and upto the value of
Rs.10 crores.
Rs.50,000/- for all contracts over Rs.10 crores.
If the attainment of the milestones is delayed for reason not
attributable to the Contractors no moneys will be held in abeyance.
80. Disrupt ion of
Progress for
Lack of
Drawings.
The Contrac tor shal l give wri t ten not ice to the
Engineer whenever planning or progress of the Works
is l ike ly to be delayed or disrupted unless any further
drawing or order , inc luding a direct ion, ins t ruction or
approval , i s i ssued by the Engineer wi thin a reasonable
t ime. The not ice shal l inc lude deta i ls of the drawing or
order required and of why and by when i t i s required
and of any delay or disrupt ion l ike ly to be suffered if
i t i s la te .
81. Delays of
Drawings
If by reason of any fai lure or inabi l i ty of the Engineer
to issue within a t ime reasonable in a l l the
c i rcumstances any drawing or order requested by the
Contractor in accordance with the c lause 84 of this
condi t ion the Contrac tor suffers delay, then the
Engineer shal l take such delay into account in
determining any extension of t ime to which the
Contractor is ent i t led under sub-c lause (g) of Clause
No. 82 hereof. No moni tary c la im wil l be entertained
on this account.
82. Monthly
Report
The Contrac tors wi ll be required to submit the monthly
progress reports by the 2n d
day of the fol lowing month
to the Engineer Fai lure on the part of the Contrac tor to
submit monthly report in t ime wil l at t ract act ion as per
Clause No.83.
83. Rate of
Progress .
I f for any reason, which does not enti t le the Contrac tor
to an extension of t ime, the ra te of progress of the
Works or any Sect ion is a t any t ime, in the opinion of
the Engineer, too slow to comply with the Time for
Complet ion, the Engineer shal l so not i fy the
Contractor who shall thereupon take such s teps as are
necessary, subjec t to the consent of the Engineer, to
expedite progress so as to comply with the Time for
Complet ion. The Contrac tor shal l not be ent i t led to
any addi t ional payment for taking such s teps . If , as a
resul t of any not ice given by the Engineer under this
Clause, the Contrac tor considers tha t i t i s necessary to
do any Work a t night or on local ly recognized days of
res t , he shal l be ent i t led to seek the consent of the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
44 -
Signature of Tenderer No. of Corrections Signature of City Engineer
44
Engineer so to do. Provided that if any s teps, taken by
the Contrac tor in meet ing his obl igat ions under this
Clause, involve the Corpora tion in addi t ional
supervis ion costs, such costs shal l be determined by
the Engineer and shal l be recoverable f rom the
Contractor , and may be deducted by the Corpora t ion
f rom any monies due or to become due to the
Contractor and the Engineer shall not i fy the
Contractors accordingly.
84. Suspension of
Work
(a)The Contrac tor shal l , on receipt of the order in
wri t ing of the Engineer, suspend the progress of the
Works or any part thereof for such t ime and in such
manner as the Engineer may consider necessary for any
of the following reasons: -
(i) On account of continued non-compliance of the instructions of
the Engineer or any other default on the part of the Contractor, or
i i ) for proper execution of the Works or part thereof
for reasons other than the defaul t of the Contractor , or
( i i i ) for safety of the Works or part thereof .
The Contractor shall, during such suspension, properly protect and
secure the Works to the extent necessary and carry out the
instructions given in that behalf by the Engineer.
(b) If the suspension is ordered for reasons (ii) and (iii) in sub-para
(a) above, the Contractor shall be entitled to an extension of time
equal to the period of every such suspension plus a reasonable time
as decided by the Engineer.
I I f the suspension is ordered for reasons of ( i ) in sub-
para (a) above, the Engineer shal l have powers to
suspend the payment under the contrac t . Such
suspension of payment may be cont inued unt i l default
shal l have been recti f ied.
85. Stoppage /
Al tera tion /
Restr ic t ion of
Work.
1) If a t any t ime af ter the execut ion the contrac t
documents the Engineer shal l for any reason
whatsoever (other than defaul t on the part of
Contractor for which the corpora t ion is ent i t led to
resc ind the contract) desi res that the whole or any part
of the Work specif ied in the tender should be
suspended for any period or tha t the whole or part of
the Work should not be carr ied out, a t a l l he shal l
give to the Contrac tor a not ice in wri t ing of such
desire and upon the receipt of such not ice the
Contractor shal l forthwith suspend of stop the Work
whol ly or in ar t as required, af ter having due regard to
the appropria te s tage a t which the Work should be
s topped or suspended so as not to cause any damage or
injury to the Work a l ready done or endanger the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
45 -
Signature of Tenderer No. of Corrections Signature of City Engineer
45
safe ty there of provided that the decis ion of the
Engineer as to the s tage a t which the Work or any part
of i t could be or could have been safe ly s topped or
suspended shal l be f ina l and conclusive against the
Contractor . The Contrac tor shal l have no c la im to any
payment or compensat ion whatsoever by reason of or
in pursuance of any not ice as aforesa id, on account of
any suspension, s toppage or curtai lment except to the
extent specif ied here inaf ter.
2) Where the tota l suspension of Work ordered as
aforesaid cont inued for a cont inues period exceeding
90 days the Contrac tor shal l be l iberty to withdraw
f rom the contrac tual obl igat ions under the contrac t so
far as i t perta ins to unexecuted part of the Work by
giving a 10 days prior not ice in wri t ing to the
Engineer , wi thin 30 days of the expiry of the sa id
period of 90 days, of such intent ion and requir ing the
Engineer to record the f ina l measurement of the Work
a l ready done and to pay f ina l bi l l . Upon giving such
not ice the Contrac tor shal l be deemed to have been
charged f rom his obl igat ions to complete the
remaining unexecuted Work under his contrac t . On
receipt of such notice the Engineer shal l proceed to
complete the measurements and make such payments
as may be f ina l ly due to the Contrac tor wi thin a
period of 90days f rom the receipt of such not ice in
respect of the Work a l ready done by the Contrac tor.
Such payment shall not in any manner pre judice the
r ight of the Contrac tor to any further compensat ion
under the remaining provis ions of this clause.
3) Where the Engineer required the Contrac tor to
suspend the Work for a period in excess of 30 days a t
any t ime or 60 days in the aggregate , the Contractor
shal l be ent i re to apply to the Engineer wi thin 30 days
of the resumption of Work after such suspension for
payment of composi t ion to the extent of pecuniary
loss suffered by him in respect of Working machinery
remain ideal on the s i te of on the account of his
having and to pay the sa lary or wages of , labour
engaged by him during the said period of suspension
provided a lways tha t the Contractor shal l not be
ent i t led to any c laim in respect of any such Working
machinery, sa lary or wages for the f i rs t 30 days
whether consecut ive or in the aggregate or such
suspension or in respect or any suspension whatsoever
occasioned by unsat isfac tory Work or any other
defaul t on his part . The decis ion of the Engineer in
this regard shal l be f ina l and conclusive against the
Contractor .
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
46 -
Signature of Tenderer No. of Corrections Signature of City Engineer
46
4) In the event of –
i ) Any tota l s toppage of Work on not ice
f rom Engineer under sub c lause (1) in tha t behalf .
i i ) Withdrawal by the Contractor f rom the
contrac tual obl igat ions complete the remaining
unexecuted Work under sub c lause (2) on account of
cont inued suspension of Work for a period exceeding
90 days.
I t shal l be open to the Contractor , wi thin 90 days f rom
the service of ( i ) the not ice of s toppage of Work or
( i i ) the not ice of wi thdrawal f rom the contractual
obl igat ions under the contrac t on account of the
cont inued suspension of Work ( i i i ) not ice under
c lause 20 (1) resul t ing in such curta i lment to produce
to the Engineer sa t isfac tory documentary evidence
tha t he had purchased or agreed to purchase materia l
for use in the contrac ted Work, before receipt by him
of the not ice of s toppage, suspension or curta i lment
and require Government to take over on payment such
materia l a t the rated determine by the Engineer
provided, however, such ra tes shall in no case exceed
the rates a t which the same was acquired by the
Contractor . The corpora t ion shall thereafter take over
the materia ls so of fered, provided the quant i t ies
of fered, are not in excess of the requirements of the
unexecuted Work as specif ied in the accepted tender
and are of quali ty and specif ica tions approved by the
Engineer .
86. Liquidated
Damages for
Delay.
I f the Contrac tor fa i ls to complete the Works and c lear
the Si te on or before the Contrac t or extended
Date(s) /period(s) of complet ion, he shall , wi thout
prejudice to any other r ight or remedy of Corpora t ion
on account of such breach, pay as agreed
compensation, amount calcula ted as s t ipula ted below
(or such smal ler amount as may be f ixed by the
Engineer) on the Contrac t Value of the whole Work or
on the Contrac t Value of the i tem or group of i tems of
Work for which separa te period of complet ion are
given in the contract and of which complet ion is
de layed for every week that the whole of the Work of
i tem or group of i tems of Work concerned remains
uncompleted, even though the contrac t as a whole be
completed by the contrac t or the extended date of
complet ion. For this purpose the term “Contract
Value” shal l be the value of the Work a t Contract
Rates as ordered including the value of a l l devia t ions
ordered:
(a)Complet ion period for @ 1 percent
(original ly s t ipula ted per week
or as extended ) not
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
47 -
Signature of Tenderer No. of Corrections Signature of City Engineer
47
exceeding 6 months
(b) Complet ion period for @1/2 percent
(as originally s t ipula ted per week
as extended )
exceeding 6 months and
not exceeding 2 years
(c)Complet ion period (as @ ¼ percent
or iginal ly s t ipulated per week
or as extended )
exceeding 2 years
the under noted percentage of the Contrac t Value of
the i tem or group of i tems of Work for which a
separa te period of complet ion is given.
When the delay is not a full week or in multiple of a week but
involves a fraction of a week the compensation payable for that
fraction shall be proportional to the number of days involved.
Provided always that the tota l amount of compensat ion
for de lay to be paid this condit ion shal l not exceed
(a)Complet ion period (as 10 percent
or iginal ly s t ipulated
or as extended ). Not
exceeding 6 months
(b) Complet ion period 7 ½ percent
(as originally s t ipula ted
or as extended )
exceeding 6 months and
not exceeding 2 years
(c)Complet ion period 5 percent
(as originally s t ipula ted
or as extended )
exceeding 2 years
The amount of l iquidated damages may be adjusted se t
of f against any sum payable to the Contrac tor under
this or any other contrac t wi th the corpora t ion or f rom
the securi ty deposi t of the Contrac tor ent i rely a t the
discre tion of the corpora t ion.
PART – V
BILLS AND PAYMENTS
87. Method of
Measurement
Except where any genera l or de ta i led description of
the Work in bi l ls of quanti t ies or schedule of
Works/ i tems/quant i t ies expressly shown to the
contrary, bi l ls of quant i t ies shal l be deemed to have
been prepared and measurements shal l be taken in
accordance with the procedure se t forth in the schedule
of ra tes /specif ica tions notwithstanding any provis ion
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
48 -
Signature of Tenderer No. of Corrections Signature of City Engineer
48
in the re levant s tandard Method of Measurement or
any genera l or local custom. In the case of i tems,
which are not covered by the schedule of ra tes /
specif ica t ions, measurement shal l be taken in
accordance with the re levant Standard specif ica t ions
publ ished by PWD Govt . of Maharastra and for the
works not covered in this publ ica t ion, measurements
shal l be taken as per the codes by Bureau of Indian
s tandards . .
88. Records and
Measurement
The Contrac tor shal l submit to the Engineer the
monthly s ta tements of the es t imated value of the work
completed less than the cumulat ive amount cert i f ied
previously. The monthly s ta tements shal l be in the bi l l
form specif ied by the Engineer and i t shal l be
submit ted on or before the date inst ructed by the
Engineer . These monthly bi l ls shal l be supported with
detai led measurements for the gross quant i ty of the
work done duly deduct ing the gross quant i ty paid in
the previous bi l l . The Contrac tor is permit ted to copy
down the correc t ions in the bi l ls paid as per the
Engineers cert if ication. Upon receipt of the bi l l and
measurements by the Contractors , the Engineer shall
except as otherwise s ta ted ascerta in and determine by
measurement the value in accordance with the contract
of work done in accordance therewith.
Al l i tems having a f inancia l va lue shall be entered in
measurement Book e tc. as prescribed by the
corpora t ion so tha t a complete record is obta ined of a l l
the Works performed under the contrac t .
Measurements shal l be taken joint ly by the Engineer or
his organisa t ion representa t ive and by the Contrac tor
or his organisa t ion representa t ive. Before taking
measurements of any work the Engineer or the person
deputed by him for the purpose shall give a reasonable
not ice to the Contrac tor. If the Contrac tor fa i ls to
a t tend or send an organisa t ion representa tive for
measurement af ter such a not ice or fa i ls to counters ign
or the objec t ion within a week f rom the date of
measurement , then in any such event measurement
taken by the Engineer or by the person deputed by him
shal l be taken to be correc t measurements of the works
and shal l be binding on the Contrac tor.
The Contrac tor shal l , wi thout any extra charge,
provide ass is tance with every appl iance and other
things necessary for measurements.
Measurements shall be s igned and dated by both
part ies each day (of taking measurement) on the s i te
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
49 -
Signature of Tenderer No. of Corrections Signature of City Engineer
49
on complet ion of measurement.
89. Payments of
Bi l ls and
Other Claims
The payment of bi l ls and other c la ims aris ing out of
the contrac t wi l l be made by Account Payee Cheque
drawn in the name of ‘Agency’.
90. Full
Provis ions
The ra tes inserted by the corporat ion against various
i tems of Work deta iled in various parts of scheduled
shal l be deemed to inc lude every a l lowance necessary,
wi thout extra measurement or charge for meet ing the
requirement of various components / parts of the
contrac t documents (viz part icular specif ica tions, PWD
of s tandard specif ica t ions, Maharashtra schedule of
ra tes, MOST specif ica tions, BIS specif ica tions,
Special Condi t ions, preambles and notes to schedule of
i tems descript ion of schedule i tems which shal l al l be
read together and any or of the fol lowing unless
specif ica l ly provided for the contrary.
a ) Compliance with a ll the condi t ions of contrac t
inc luding General Condi t ions of Contrac t , schedule of
ra tes and Quanti t ies, Part icular Specif ica tions,
Drawings inc luding Notes thereon, Specif ica t ions in
s tandard Specif ica t ions of PWD of Maharashtra and
MJP re levant Indian Standard Specif ica t ions wherever
appl icable. However, in case of any discrepancy
between drawing and tender, the tender i tem and
specif ica t ion shall prevai l . I f there is discrepancy in
tender specif ica tions , the order of preference shall be
1s t
specif icat ion of Maharashtra Sta te PWD, MJP,
MOST and las t ly BIS.
b) All labour, materia ls, tool and plants,
equipments and t ransport which may be required in
prepara tion for and in the ful l and ent i re execut ion and
complet ion of the Works inc luding waste of materia ls,
carr iage and cartage, carrying in , re turn of empties,
hois t ing, set t ing, f ixtures and f i t t ings in posi t ion.
c ) Local condi t ions: Nature of Works, local
fac i l i t ies for supply of labour and materials
accessibi l i ty’s to s i tes and a l l other mat ters effec t ing
the execut ion and complet ion of the Works.
d) Duties e tc : Payments of any Octroi , Terminal
Tax, Sales Tax, Turnover Tax, Contrac t Sales Tax,
Tol l Tax, Ground Rent, Royal ty, Environmenta l Cess,
Local Bodies Cess, Taxes or any dut ies on materia ls
obta ined for the Works and any dut ies in respect of
pa tent r ights .
e ) Supervis ion : Competent supervis ion of the
Work.
f ) Labour: Reasonable terms and condi t ions of
employment, l iabi l i ty to pay compensat ion, Wages as
per s ta tutory enactment’s, temporary accommodat ion,
sani ta t ion, compliance with contract labour ac t 1970
(Regula t ion and Abol i t ion).
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
50 -
Signature of Tenderer No. of Corrections Signature of City Engineer
50
g) Water: Provis ion of a l l water required inc luding
temporary plumbing and connect ion.
h) Temporary Work Shops, Stores, Off ices, Labour
Camps etc. Provis ions of such s t ructures required for
eff ic ient execut ion of the Works and removing and
c leaning up si te on complet ion of Works.
i ) Precaut ions Against Risks: Precaut ions to
prevent loss or damage f rom al l or any r isk, insurance
of sheds or any temporary accommodat ion provided by
the corpora t ion watching and l ight ing, provis ions
perta ining to the Genera l Condi t ions of Contract .
j ) Notices, Fees etc. : Compliance with s ta tutory
provis ions of regula t ions and/ or bye laws of any local
authori ty and/ or any publ ic service company or
authori ty affec ted by the Works.
k) Set t ing the Works inc luding a l l appara tus
required.
l ) Site Drainage: Removal of a l l water tha t may
accumulate due to spring, sub soi l water, f lood/ t ides
and any other causes on the si te during the progress of
the Work.
m) Execution of Work in Workmanl ike manner,
fac i l i t ies for inspection e tc.
n) Rect if ica tion of bad Work: Rect if ica tion and/ or
removal and reconstruct ion of any Work which (as
decided by the Engineer) has been executed with
unsound or imperfec t materia ls or unski l led
Workmanship or of a qual i ty inferior to tha t contrac ted
for , whether during construct ion or reconstruct ion
prior to the expiry of the Defect Liabi l i ty period.
o) Responsibil i ty for damages and loss of a l l
construction materia ls e tc . , a t the s i te unt i l handing
over to the corpora tion.
p) Removal of Rubbish: Removal of Rubbish &
debris & c leaning of any dir t before handing over a l l
complet ion of woks.
q) Cleaning s i te and Works: Removal by the
Contractor off the si te , of any tools , pla ts & materia ls
and sweeping bui lding, washing f loors , c leaning
joineries & removal of splashes of asphal t leaving the
whole s i te neat and t idy.
r) Complet ion: Complet ing the Work to the
sa t isfac tion of the Engineer on or before s t ipulated the
date of complet ion.
s) Difficult posi t ion: Accessibi l i ty or otherwise to
s i te , easy or diff icult posit ion in Works.
t ) Errors : Recti f ica t ion of a l l defects during
construction & defect l iabi l i ty period to the
sa t isfac tion of Engineer.
u) Curved Works etc. Works of any quant i ty, s ize
or shape whether level , inc l ined, curved, ba t tered e tc.
v) Maker’s Inst ruct ion: Compliance with make’s
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
51 -
Signature of Tenderer No. of Corrections Signature of City Engineer
51
inst ruct ions in the case of proprie tary ar t ic les, fac tory
made good of precast i tems.
w) Waste: Al l waste laps, seams, joints (rough or
fai r cutt ing) s t ra ight / raking, c i rcular and making
good.
x) Arti f icia l Lights : To include a l l
l ight ing/Kerosene or e lec tr ic power as the case may be
when need arises for use of l ight ing whi le carrying out
Works.
Construct ion of approaches to the s i te of Work.
Making arrangements for proper access to Works in the
form of sta i rs, ladders , l if ts e tc . as ordered by the
Engineer – in – Charge for proper supervis ions, test ing
and or inspect ion of Works inc luding materia l during
construction & defect l iabi l i ty period.
91. Inter im
Payment
Inter im bi l ls shal l be submitted by the Contractor f rom
t ime to t ime (but at an interval of not less than one
month) for the Works executed. The Engineer shal l
a rrange to have the bi l ls veri f ied by taking or causing
to be taken, where necessary, the requisi te
measurement of Work. The joint measurement shall not
be an excuse for the Contrac tor to submit intermediate
bi l ls a t monthly or intervals not less than a month. Al l
inter im bi l ls shal l be f i rs t submit ted by the Contrac tor
wi th deta i led measurements and thereafter only the
Engineer or his organisa t ion representat ive shal l carry
out joint veri f ica t ions or otherwise on record in the
measurement book before cert if ica tion of the bi l ls .
Payment on account for amount admissible shal l be
made on the Engineer cert ifying the sum to which the
Contractor is considered ent i t led by way of
inter im payment for a l l the Work executed, af ter
deducting there f rom the amount a l ready paid, the
securi ty deposi t / retent ion money and such other
amounts as may be deductible or recoverable in terms
of the contrac t .
No inter im payment wil l be admit ted unt i l such t ime
the Contrac tor have ful ly complied with
the requirement of the Condi t ion 84 concerning
submission and approval of NetWork Schedule for the
Works, as deta iled in Condi t ion 83. A f ixed sum shal l
be held in abeyance a t the t ime of next inter im
payment for non a tta inment of each miles tone in the
NetWork and shall be re leased only on a t ta inment of
the sa id miles tone
92. Modif icat ion
of Inter im
Cert if ica te.
An inter im cert if icate given re la t ing to Work done or
materia l de l ivered may be modif ied or correc ted by
any subsequent interim cert i f ica te or by the f inal
cert if icate. No cert if ica te of the Engineer support ing
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
52 -
Signature of Tenderer No. of Corrections Signature of City Engineer
52
an inter im payment shal l of i t se lf be conclusive
evidence that any Work or materia ls to which i t rela tes
is /are in accordance with the contrac t .
93. Income Tax
The Contrac tor shal l pay Indian Income Tax on a ll
payments made to him under the Contract , other than
re imbursements made to him by the Corpora t ion to
cover payment by Contrac tor of minor custom dut ies
e tc . , or any other payment which the Contrac tor may
make on the Corpora t ion’s behalf . Under the
provis ions of Sec. 194-C of the Indian Income Tax
Act, the Corpora t ion is required to deduct Tax with
surcharge a t source a t prevai l ing ra tes from the gross
amount of each bi l l submit ted. Any expatr ia te s i te
s taf f or s taf f not normal ly res idents of India, employed
by the Contrac tor shal l pay personal Income Tax on a l l
money earned and paid in India. The Contrac tor shal l
perform such dut ies in regard to such deduct ions
thereof as may be imposed on him by such laws and
regula t ions.
94. Payment of
Taxes
The contrac tor shal l pay a ll the taxes direc t ly to
respect ive organizations & to the Government. The
Corpora t ion shal l not take any responsibi l i ty for any
kind of tax payment to the Government or semi
Government bodies at any point of t ime.
The prices quoted by the Contrac tor shal l inc lude a l l
customs dut ies, import dut ies, excise dut ies, business
taxes, income and other taxes tha t may be levied in
accordance to the laws and regula t ion in-force on the
Contractor’s Equipment, materia ls, supplies
(permanent, temporary and consumables) to be used on
or furnished under the contrac t and on the services to
be performed under the contract . Nothing in the
contrac t shal l re l ieve the contrac tor f rom his
responsibi l i ty to pay any tax tha t may be levied or on
prof i ts made by him in respect of the contrac t .
The contractor shal l perform such dut ies in regard to
such deduct ions thereof as may be imposed on him by
such laws and regulat ions.
All c Charges on account of Octroi, terminal or Sales Tax and other duties
on material obtained for the Works from any source including the
tax applicable as per Maharashtra Sales Tax Act on the transfer of
property in the goods involved in the execution of Works contract
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
53 -
Signature of Tenderer No. of Corrections Signature of City Engineer
53
(re-enacted) Act, 1991 etc. shall be borne by the Contractor. Under
the provisions of the Maharashtra Sales Tax Act, the Corporation is
required to deduct Turnover Tax at source at the rates prevailing at
the time of payments.
The contrac tor shal l submit form – 31 or such other
forms as are prescribed under the said ac t which is
required to be produced by the principle employer in
the events of any not ice by the Sales Tax Department
wi thin one month of issue of let ter of acceptance.
95. Deduct ion of
Contract Sales
Tax /
Turnover tax.
The Contrac tors are required to produce the ir
regis t ra t ion for contrac t sa les tax/ turnover tax to the
department before re leasing the 1s t
R.A. bi l l for the
Work executed by them, fa il ing which, no payment
shal l be re lease.
96. Provis ional
Sums.
(1)”Provis ional sum” means a sum included in the
contrac t and so designated in the Bi l l of Quant i t ies for
the execut ion of Work or supply of goods, materia ls or
services or for cont ingencies, which sum may be used,
in whole or in part , or not a t al l , a t the direc tion and
discre tion of the Engineer . The contract pr ice shal l
inc lude only such amounts in respect of the Work,
supply or service to which such provis ional sum rela te
as the Engineer shall approve or determine in
accordance with this c lause.
(2) In respect of every provis ional sum the Engineer
shal l have power to order to execute the Work,
inc luding goods, materia ls or services to be suppl ied
by the Contrac tor. The contrac t pr ice shal l include the
value of such Work executed or such goods, materia l
or services suppl ied determined in accordance with
Clause No. 102.
(3) The Contractor shal l produce al l quota tions,
invoices, vouchers and accounts or receipts in
connect ion with expendi ture in respect of provis ional
sums.
97. Rates for
Excess in
I tems.
Quant i t ies shown in the tender are approximate and no
c laim shal l be enterta ined for quant i t ies of work
executed being e i ther more or less than those entered
in the tender or es t imate. For purpose of this contrac t ,
the varia t ions/deviat ions in carrying out the i tems of
work shall not exceed plus or minus 25 percent of
contrac t sum. The devia t ion/varia t ion in the quant i ty
of individual i tems shal l not be taken as devia t ion or
varia t ion in the contrac t . The dif ference between the
tota l va lue of the work done and the Contrac t sum as
defined above wil l be only be considered for
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
54 -
Signature of Tenderer No. of Corrections Signature of City Engineer
54
devia t ion/varia t ion.
The Contrac tor shal l a rr ive at the ra tes af ter careful ly
preparing the ra te analysis taking into considera tion
s i te condi t ions. For increase upto 25 percent over the
quant i ty shown in the bi l l of quant i t ies shal l be paid
a t , the ra te ment ioned in the bi l l of quant i t ies.
However, i f the quant i ty increases beyond 25 percent
of quant i ty shown in the bi l l of quant i t ies the excess
quant i ty beyond 25 percent shal l be priced as under:
The ra te shal l be worked out based on schedule ra te
wi th Contrac tor`s quoted percentage or current dis t r ic t
schedule of ra tes without Contrac tor`s quoted
percentage, which ever is less.
98. Rates for
Extra I tems.
Rates for such additional altered or, substituted Work shall be
determined as follows:
i) If rate for additional, altered or substituted item of Work is
specified in the bill of quantities and rates, the Contractor shall carry
out the additional, altered or substituted item at the same rate,
subject to 100 above.
i i ) I f ra te for any addi t ional, al tered or subst i tuted
i tem of Work is not included in the bil l of quant i t ies
and ra tes, such i tem of Work shal l be carr ied out a t the
re levant Corpora t ion’s schedule of ra tes (Publ ic works
Department and M.J .P. schedule of rates for Thane
Dist r ic t ) prevai l ing a t the t ime of execut ion of extra
Work (Quoted percentage wil l not be appl icable)
i i i ) I f the ra te for any addi t ional , al tered or
subst i tuted i tem of Work cannot be determined in the
manner specif ied in ( i ) & ( i i ) above, or the ra te so
determined is found to be unreasonable, then the
Contractor wil l be paid a t such fa i r and reasonable
ra tes as Worked out by the Engineer on the basis of
materia l , labour and opera t ions of construct ion
equipment required to execute the i tem and al lowing
10 percent to cover prof i ts and overhead charges.
(iv) The Contractor shall submit to the Engineer his detailed rate
analysis for carrying out variation duly supported with quotations
and other supporting documents within 7 days of written instructions
to carry out variations. If the Contractor’s quotation is
unreasonable, the Engineer orders the variation and makes change to
the contract price which is based on his own forecast of the
variations on the Contractor’s cost. In case, the rates decided by the
Engineer are not acceptable to the Contractor, he shall continue with
the work and maintain contemporary records of actual expenses on
day-to-day basis with joint assessment/ verification. The Contractor
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
55 -
Signature of Tenderer No. of Corrections Signature of City Engineer
55
is not entitle for payment of actual expenses as per joint records
added with 10% for profit and overheads. Disagreement with the
rate fixed by the Engineer shall be informed by the Contractor
before commencing the work of variations, failing which the rate
fixed by the Engineer shall be final and binding on the parties to
contract.
99. Overpayment
and
Underpayment
Whenever any cla im for the payment of a sum to the
Corpora t ion r ises out of or under this contrac t against
the Contrac tor the same may be deducted by the
Corpora t ion f rom any sum then due or which at any
t ime thereaf ter may become due to the Contrac tor
under this contrac t and fa i l ing that under any contrac t
wi th the Corporat ion or f rom any other sum due to the
Contractor f rom the Corpora t ion (which may be
avai lable with the Corpora t ion) or f rom his securi ty
deposi t / re tent ion money, or he shal l pay the cla im on
demand.
The Corporation reserves the right to carry out post payment audit
and technical examination of the final bill including all
supporting voucher, abstracts etc. The Corporation further reserves
the right to enforce recovery of any over payment when detected.
If as a result of such audit and technical examination any
overpayment is discovered in respect of any Work done by the
Contractor or alleged to have been done by him under the
Contract, it shall be recovered by the Corporation from the
Contractor by any or all of the methods prescribed above or if
underpayment is discovered the amount shall be duly paid to the
Contractor by the Corporation.
Provided that the aforesa id r ight of the Corpora t ion to
adjust overpayment against amount due to the
Contractor under any other contrac t with Corpora tion
shal l not extend beyond the period of two years f rom
the date of payment of the f ina l bil l or in case the f ina l
bi l l i s a “Minus” bil l , f rom the date of the amount
payable by the Contrac tor under the “Minus” bi l l i s
communicated to the Contrac tor.
Any amount due to the Contrac tor under this contrac t
for underpayment may be adjusted against amount then
due or which may at any t ime thereaf ter become due
before payment is to the Contrac tor, f rom him to
Corpora t ion on any other contrac t or account
whatsoever.
100. Payment of
Final Bi l l
Final joint measurement a long-with the representa tives
of the Contrac tor should be taken, recorded and s igned
by the Contrac tors. Contractor should submit the f ina l
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
56 -
Signature of Tenderer No. of Corrections Signature of City Engineer
56
bi l l wi thin 1 month of physica l complet ion of the
Work.
I f the Contrac tor fa i ls to submit the f inal bil l wi thin 1
month, the Corpora tion s taff wil l prepare the f ina l bil l
based on the joint measurement wi thin next 3 months.
Engineer’s decision shal l be f ina l in respect of c la ims
for defect and pending c laims against Contrac tors.
No further c la ims should be made by the Contractor
af ter submission of the f inal bi l l and these shal l be
deemed to have been waived and ext inguished.
Payment of those i tems of the bi l ls in respect of which
there is no dispute and of i tems in dispute, for
quant i t ies and ra tes as approved by the Commissioner
shal l be made within a reasonable period as may be
necessary for the purpose of veri f ica t ion e tc.
Af ter payment of the f ina l bi l l as aforesa id has been
made, the Contrac tor may, i f he so desi res, reconsider
his posi t ion in respect of a disputed portion of the
f ina l bi l l and if he fa i ls to do so within 84 days, his
disputed c la im shal l be deal t wi th as provided in the
contrac t .
101.
Receipts to be
Signed
in Firm’s
Name by any
One of the
Partners
Every receipt for money which may become payable or
for any securi ty which may become t ransferable to the
Contractor under these present shall , i f s igned in the
partnership name by any one of the partners , be a good
and suff ic ient discharge to the Commissioner and
Corpora t ion in respect of the money
or securi ty purport ing to be acknowledged thereby, and
in the event of death of any of the partners during the
pendency of this contrac t , i t i s hereby expressly agreed
that every receipt by any one of the surviving partners
shal l , i f so s igned as aforesaid, be good and suff ic ient
discharge as aforesaid provided that nothing in this
c lause conta ined shal l be deemed to prejudice
or effec t any cla im which the Commissioner or the
Corpora t ion may hereaf ter have against the legal
representa tives of any partners so dying or in respect
of any breach of any of the condit ions thereof ,
provided a lso tha t nothing in this c lause contained
shal l be deemed prejudice or af fec t the respect ive
r ights or obl igat ions of the Contrac tor and of the legal
representa tive of any deceased Contrac tors interest .
102. No Payment
on Account of
No materia l pr ice varia t ion wages escala t ion on
individual i tem on account whatsoever and
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
57 -
Signature of Tenderer No. of Corrections Signature of City Engineer
57
Price
Varia t ion of
Labour,
Materia l and
POL
Component
compensation for ‘Force Majeure’ etc . shall payable
under this contrac t .
PART-VI
TERMINATION OF CONTRACT AND SETTELEMENT OF DISPUTES
103. Cancella t ion
of Contrac t in
Ful l or in
Part .
I f the Contrac tor:
(a)At any t ime makes defaul t in proceeding with the
Work with due di l igence and continues to do so af ter
not ice in wri t ing of fourteen days f rom the Engineer;
or
b) Commits defaul t in complying with any of the terms
and condi t ions of contrac t and does not remedy i t
wi thin fourteen days af ter a not ice in wri t ing is given
to him in tha t behalf by the Engineer, or
(c )Fai ls to complete the Works or i tems with
individual da tes of complet ion, on or before the
date(s) of complet ion, and does not complete them
within the period specif ied in a notice given in wri t ing
in tha t behalf by the Engineer, or
(d)Shal l of fer or give or agree to give to any person in
Corpora t ion’s Service or to any other person on his
behalf any gif t or considera t ion of any kind as an
inducement or reward for doing or forbearing to do or
for having done or forborne to do any ac t in re la t ion to
the obta ining or execut ion of this or any other contract
for the Corpora t ion, or
(e )Shal l obta in a contrac t wi th the Corpora t ion as a
resul t of r ing tendering or other non-bona-f ide
methods of competi t ive tendering or
f ) be ing an individual or a f i rm, any partner thereof ,
shal l at any t ime be adjudged insolvent or have a
receiving order or order for adminis t ra t ion of his
es ta te made against him or shal l take any proceedings
for l iquidat ion or composi t ion (other than
voluntary l iquidat ion for the purpose of amalgamation
or reconstruct ion) under any insolvency ac t for the
t ime being in force or make any conveyance of
ass ignment of his effec ts or composi t ion or
arrangement for the benef i t of his creditors or purport
so to do, or i f any appl ica t ion be made under any
Insolvency Act for the t ime being in force for the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
58 -
Signature of Tenderer No. of Corrections Signature of City Engineer
58
sequestra t ion of his es ta te or if a t rust deed be
executed by him for his creditors , or
g) Being a company, shall pass a resolut ion or the
court shal l make an order for the l iquidat ion of his
affa i rs, or a receiver or a manager on behalf of the
debenture holders shal l be appointed or
c i rcumstances shall a r ise which ent i t le the Court or
debenture holders to appoint a receiver or a Manager,
or
h) shall suffer an execution being levied on his goods and allow it to
be continued for a period of 21 days, or
Assigns, transfers, sublets (engagement of labour on a piece Work
basis or labour with materials not to be incorporated in the Work,
shall not be deemed to be sub-letting) or attempts to assign, transfer
or sub-let the entire Works or any portion thereof without the prior
written approval of the Commissioner; the Commissioner may,
without prejudice to any other right or remedy which shall have
accrued or shall accrue thereafter to the Corporation by written
notice cancel the contract as a whole or only such items of Work in
default from the contract.
i ) In the case of abandonment of the work owing to
serious i l lness or death of the Contrac tor .
104. Action When
Whole of
Securi ty
Deposi t i s to
be Forfe i ted
In the cases ment ioned in above c lause No. 107 the
Engineer , on behalf of the corpora tion shal l have
power to adopt any of the following forces, as he may
deem best sui ted to the interest of the corpora t ion.
a) To resc ind the contrac t (for which resciss ion
not ice in wri t ing to the Contrac tor under the head of
Engineer shal l be conclusive evidence) and in that
case the securi ty deposi t of the Contrac tor shal l
s tand forfe i ted and be absolute ly a t the disposal of
Corpora t ion
b) To carry out Work or any part of the
departmenta l ly debit ing the Contrac tor wi th the cost
of the Work, expendi ture incurred on tools and plan
and charges on addit ional supervisory s taff inc luding
the cost of Work charge es tabl ishment employed for
ge t t ing the unexecuted part of the Work completed
and credi t ing him with the value of the Work done
departmenta l ly in a l l respects in the same manner
and a t the same ra tes as i f i t had been carr ied out by
the Contrac tor under the terms of his contrac t . The
cert if icate of the Engineer as to the costs and other
a l l ied expenses so incurred and as to the value of the
Work so done departmenta l ly and shal l be f ina l and
conclusive against the Contrac tor.
c ) To order tha t the Work of the Contrac tor be
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
59 -
Signature of Tenderer No. of Corrections Signature of City Engineer
59
measured up and to take such part there of as shal l
be on executed out of his hands, and to give i t to
another Contrac tor to complete, in which case al l
expenses incurred on advert isement for f ixing a new
contrac t ing agency, addi t ional supervisory s taf f
inc luding the cost of Work charge es tabl ishment and
a cost of Work executed by the new contrac t agency
wil l be debi ted to the Contrac tor and the value of the
Work done or executed through a new Contrac tor
shal l be credi ted to the Contrac tor in a l l respects and
in the same manner and a t the same ra tes as if i t had
been carr ied out by the Contrac tor under the terms of
this contrac t . The cert if icate of the Engineer as to
a l l the cost of the Work and other expenses incurred
as aforesa id for or in get t ing the unexecuted Work
done by the new Contrac tor and as to the value of
the Work so done shal l be f ina l and conclusive
against the Contrac tor .
In case the contrac t shal l be rescinded under c lause
(a) above the Contrac tor shal l not be enti t le to
recover or be paid, any sum for any Work therefore
ac tual ly performed by him under this contrac t unless
and unt i l the Engineer shal l have cert if ied in wri t ing
the performance of the such Work and the amount
payable to him in respect thereof and he shall only
be ent i t led to be paid the amount so cert i f ied in the
event of e i ther of the curses referred to in c lauses
(b) or (c) be ing adopted and the cost of the executed
departmenta l ly or through a new Contrac tor and
other a l l ied expenses exceeding the value of the such
Work credi ted to the Contrac tor the amount of
excess shal l be deducted f rom any money due to the
Contractor , by corpora t ion under the Contrac tor
otherwise howsoever or f rom his securi ty deposi t or
the sa le proceeds there of provided, however, tha t
Contractor shal l have no c la im against corpora t ion
even i f the cert i f ied value of Work done
departmenta l ly or through a new Contrac tor exceed
the cert if ied cost of such Work and a ll ied expenses,
provided a lways that which ever of the three courses
ment ioned in c lauses (a) , (b) or (c) is adopted by the
Engineer , the Contrac tor shall have no c la im to
compensation for any loss susta ined by him by
reason his having purchased or procured any
materia ls, or entered into any engagements, or made
any advance on account of or wi th a view to the
execut ion of the Work or the performance of the
contrac t .
105. Action When
the Progress
If the progress of any part icular port ion of the Work is
unsat isfac tory the condi t ions ment ioned in c lause
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
60 -
Signature of Tenderer No. of Corrections Signature of City Engineer
60
of any
Part icular
Port ion of the
Work is
Unsat isfac tory
108(b) , be ent i t led to lake ac t ion under c lause af ter
giving the Contrac tor 14 days not ice in wri t ing. The
Contractor wi l l have no cla im for compensat ion, for
any loss susta ined by him owing to such ac tion.
106. Contractor
Remains
Liable to Pay
Compensat ion
i f Act ion not
Taken Under
Clause 108
and 109
In any case in which any of the powers conferred upon
the Engineer by c lauses 108 & 109 hereof shall have
become exerc isable and the same shal l not have been
exerc ised the non exerc ise there of shal l not const i tute
a walver of any of the condit ions thereof and such
powers shal l not wi thstanding the excisable in the
event of any future case of default by the Contractor
for which under any c lause hereof he is declared l iable
to pay compensation amount ing to the whole of this
securi ty deposi t and the l iabi l i ty of the Contrac tor for
past and future compensat ion shal l remain unaffected.
107. Power to take
possession of
or require
removal or
se l l
Contractors
plant.
In the event of Engineer taking ac tion under sub
c lauses (a) or (c) c lause 108, he may if he so desi res,
take possession of al l any tools and plant , materials
and s tore in or upon the Work of the s i te thereof or
be longing to the Contrac tor, or procured by him and
intended to be uses for the execut ion of the Work or
any part thereof paying or a l lowing for the same in
account a t the contrac t ra tes or in the case of contrac t
ra tes not be ing applicable a t current market ra tes to be
cert if ied by the Engineer whose cert if ica te thereof
shal l be f ina l . In the a l ternat ive the Engineer may af ter
giving not ice in writ ing to the Contrac tor or his c lerk
of the Work foreman or other authorises agent requires
him to remove such tools and plant, materia l , or s tores
f rom the premises within a t ime to be specif ied in such
not ice and in the event of the Contrac tor fa i l ing to
comply with any such requis i t ion, the Engineer may
remove them at the Contractor’s expenses or se l l them
by auctions or private sa le on account of the
Contractor and a t this r isk in a l l respect and the
cert if icate of the Engineer as to the expenses of any
such removal and the amount of the proceeds and
expensed on any such sa le shall be f ina l and
conclusive against the Contrac tor.
108. No Interest
for Delayed
Payments Due
to Disputes
e tc .
I t i s agreed that the Corpora t ion of or i t s Engineer or
Off icer shal l not be l iable to pay any interest or
damage with respect to any moneys or ba lance which
may be in i ts or i t s Engineer’s or of f icer’s hands
owing to any dispute or di fference or c la im or mis-
understanding between the Corpora t ion of or i t s
Engineer or Officer on the one hand and the Contrac tor
on the other , or wi th respect to any delay on the part
of the Corpora tion of Navi Mumabi or i t s Engineer or
Off icers in making periodica l or f ina l payments or in
any other respect whatever.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
61 -
Signature of Tenderer No. of Corrections Signature of City Engineer
61
Payment to the Contrac tor of the amount due under
each of the inter im payment cert if ica te issued by the
Engineer shal l be made by the Corpora t ion within 45
(Forty Five) days i f such cert if ica te being del ivered.
I f the Corpora tion makes la te payment, the Contrac tor
is to be paid interest on the la te payment in the next
payment. Interest shal l be ca lcula ted f rom the date by
which the payment should have been made upto the
date when the la te payment is made a t 6% per annum.
I t i s a te rm under this contrac t that payment of interest
in excess of 6% is barred on any amount payable to the
Contractor on any account.
I t i s dis t inc tly unders tood and agreed between the
part ies here to tha t payment for Work already executed
by the Contrac tor is not a condi t ion precedent under
this contrac t for the execut ion of the remaining Work.
109. Jurisdic t ion In case of any c laim, dispute or dif ference ar is ing in
respect of a contrac t , the cause of ac t ion thereof shal l
be deemed to have ar isen in Navi Mumbai and a l l legal
proceedings in respect of any such cla im, dispute or
di fference shal l be inst i tuted in a competent court in
the City of Navi Mumbai only.
110. Final i ty of
Decision and
Non-
Arbi t rabi l i ty
SETTLEMENT Of DISPUTES
If a dispute / disputes of any kind whatsoever ar ises
between the Contractor and Engineers representa t ive
the same shal l be referred to the Engineer for his
decis ion with detai led just if icat ion. Such reference
shal l be s ta ted tha t i t is inpersunce to this c lause for
review and giving decis ions by the Engineers. The
Engineer shal l give his decis ion within 14 days of
receipt of not ice. If e i ther party is not sa t isf ied with
the decision of the Engineer or the Engineer fai ls to
give the decis ion within the period of 14 days f rom the
date of receipt of not ice under this c lause, such a
dispute may be referred to Arbi t ra t ion as per Clause
No. 115.
111. Arbi t ra t ion Except where, otherwise provided for in this contrac t ,
a l l quest ions and disputes re la t ing to the meaning of
inst ruct ion hear in before ment ioned or as to any other
quest ion, c la im, r ight , mat ter of handing whatsoever,
i f any aris ing out of or re la t ing to this contrac t ,
specif ica t ion, es t imates, Inst ruct ions, orders or these
condi t ions or otherwise concerning the works, or the
execut ion or fa i lure to execute the same where ar ising
during the progress of the work or af ter complet ion or
abandonment thereof of any mat ter di rec t ly or
indirect ly connected with this agreement shal l be
referred to the sole Arbi t ra t ion of the Munic ipal
Commissioner of Navi Mumbai Corpora tion, C.B.D. ,
Navi Mumbai and i f the Munic ipal Commissioner is
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
62 -
Signature of Tenderer No. of Corrections Signature of City Engineer
62
unable or unwill ing to act as such, then the mat ter in
dispute shal l be referred to sole Arbi t rat ion or such
other person appointed by the Municipal commissioner
who is wi l l ing to act as such Arbi t ra tor. In case, the
Arbi t ra tor so appointed is unable to ac t for any
reasons, the Munic ipal Commissioner in the event of
such inabi l i ty, shal l appoint another person to ac t as
Arbi t ra tor in accordance with the terms of the
contrac t . Such person shal l be ent i t led to proceed with
the reference f rom the s ta te a t which i t was lef t by his
predecessors. I t i s also a term of this contrac t tha t no
person other than a person appointed by the Munic ipal
Commissioner as aforesa id should ac t as an Arbi t ra tor.
As aforesa id the provis ions of the arbi tra t ion and
concil iat ion ac t 1996 or any sta tutory modif icat ion or
Reinactment there of and the rules made there under
and for the t ime being in force shal l apply to the
arbi t ra t ion proceedings under this clause.
112. Laws
Governing
The Contrac t–
This contrac t shal l be governed by the Indian Laws for
the t ime being in force.
PART –VII
WORK COMPLETION & DEFECT LIABILITY
113. Clearance of
Si te on
Complet ion
Upon the issue of any Taking over cert if ica te the
Contractor shal l c lear away and remove f rom that part
of the s i te to which such Taking-over Cert i f icate
re la tes al l Contrac tor’s equipment, surplus materia ls,
rubbish and temporary Works of every kind, and leave
such part of the s i te and Works c lean and in a
Workman l ike condi t ion to the sa t isfac t ion of the
Engineer . I f the Contrac tor does not c lear the s i te
wi thin 15 days al l materia l wi l l be conf isca ted and no
compensation shal l be paid and the s i te wi l l be c leared
a t r isk and cost of the Contrac tor.
114. Submissions
of Final
Complet ion
Drawings.
On complet ion of the Work, the Contrac tors shal l
furnish f ree of cost 1 se t of R.T.F. of f ina l complet ion
drawings and 6 bound se ts of copies of drawings,
showing a l l the deta i ls checked and s igned by the
Engineer wi thin 2 months of complet ion of Works. The
payment of f ina l bi l l shal l be made to the Contrac tors
af ter receipt of above se ts. In case the Contractor fa i ls
to submit the complet ion drawings, a compensat ion a t
the ra te of Rs.5000/- per drawing shal l be recovered
f rom the f ina l bil ls
115. Complet ion
Cert if ica te
(1) As soon as Work is completed, the Contrac tor shal l
give not ice of such complet ion to the Engineer and
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
63 -
Signature of Tenderer No. of Corrections Signature of City Engineer
63
wi thin 28 (Twenty-e ight) days of receipt of
such not ice the Engineer shal l inspect the Works and
shal l furnish the Contrac tor wi th a cert if ica te of
complet ion indica t ing (a) the date of complet ion (b)
the defects to be rect i f ied by the Contrac tor, and/or (c)
i tems for which payment shal l be made a t reduced
ra tes.
When separa te periods of complet ion have been
specif ied for i tems or groups of i tems, the Engineer
shal l i ssue separa te complet ion cert i f icates for such
i tems or groups of i tems. No cert if icate of complet ion
shal l be issued, nor the Works be considered to be
complete t i l l the Contrac tor shal l have removed f rom
the premises on which the Works has been executed,
a l l scaffolding, sheds and surplus materia ls, except
such as required for rec t if ica tion of defects, rubbish
and a ll huts and sani tary arrangements required for his
Workers on the s i te in connect ion with the execution
of Works as shall have been erec ted by the Contractor
or the Workmen and c leaned a ll di r t f rom all parts
of bui lding(s) in, upon or about which the Work
has been executed or of which he may have had
possession for the purpose of execut ion thereof
and c leaned f loors, gut ters and dra ins , eased doors and
sashes, oi led and fas tenings, labeled the keys c learly
and handed them over to the Engineer or his
representa tive and made the whole premises f i t for
immedia te occupat ion or use to the sa tisfac tion of the
Engineer . If the Contrac tor shal l fa i l to comply with
any of the requirements of this Condi t ion as aforesa id,
on or before the date of complet ion of Works, the
Engineer may a t the expense of the Contrac tor fulf i l l
such requirements and dispose of a l l the surplus
materia l and rubbish e tc. as he thinks f i t and the
Contractor shal l have no c la ims in respect of any such
materia l except for any sum actual ly rea l ised by the
sa le thereof less the cost of fulf i l l ing the requirements
and any other amount tha t may be due f rom the
Contractor . I f the expense of ful f i l l ing such
requirement is more than the amount rea l ises on such
disposal as aforesa id, the Contrac tor shal l forthwith on
demand pay such excess.
The Contractor`s notice of completion as aforesaid shall have to
accompanied with one set of tracings of final completion drawings
on RTF and six bound sets of copies of as built drawings, failing
which the notice shall be deemed to have not been issued at all.
(2) If at any time before completion of the entire Work, items or
groups of items for which separate periods of completion have been
specified, have been completed, the Engineer with the consent of the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
64 -
Signature of Tenderer No. of Corrections Signature of City Engineer
64
Contractor takes possession of any part or parts of the same
(any such part or parts being hereinafter in this condition referred to
as "the relevant part") then not- withstanding anything expressed or
implied elsewhere in this contract.
(a) Within 28days (Twenty-eight days) of date of completion of such
items or group of items or possession of the relevant part the
Engineer shall issue a completion certificate for the relevant part
provided the Contractor fulfills his obligation for the relevant part as
in sub-para (1) above
(b) The defects liability period in respect of such items and relevant
part shall be deemed to have commenced from the certified date of
completion of such items or relevant part as the case may be.
(c ) For the purpose of ascerta ining compensat ion for
de lay under Clause No. 88 in respect of any
period during which the Works are not completed the
re levant part shal l be deemed to form a separa te i tem
or group, wi th date of complet ion as given in the
contrac t or as extended under Clause No.80 and actual
da te of completion as cert if ied by the Engineer under
this condit ion.
(3) If any part of the Work shal l have been
substant ia l ly completed and shal l have sat isfac tori ly
passed any f ina l test tha t may be prescribed under the
contrac t , the Engineer may issue a cert if ica te of
complet ion in respect of that part of the Works before
complet ion of the whole Works and upon the issue of
such cert if ica tes, the Contrac tors shall be deemed to
have undertaken to complete any outs tanding Works in
tha t part of the Works during the period of
maintenance.
116. Taking Over
of Work
Corpora t ion wil l take over the Work a t any s tage
whenever required in the interest of publ ic by giving
10 days not ice to the Contrac tor.
117. Defects
Liabi l i ty
Period
The Contrac tor shall be responsible to make good and
remedy a t his own expense within such period as
may be s t ipulated by the Engineer any defects which
may develop or be not iced before the expiry of the
period ment ioned in the Schedule `A ' here to f rom
cert if ied date of complet ion and int imat ion of which
has been sent to the Contrac tor wi thin 7 days of expiry
of the sa id period by le t ter sent by hand del ivery or by
regis tered post
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
65 -
Signature of Tenderer No. of Corrections Signature of City Engineer
65
118. Liabi l i ty for
Defects or
Imperfec tions
and
Rect if ica tion
Thereof
If i t shal l appear to the Engineer or to his
representa tive a t any t ime during construct ion
or reconstruction or during the defects‚ l iabi l i ty
period, that any Work has been executed with unsound,
imperfec t or unski l lful Workmanship or tha t any
materia l or ar t icle provided by the Contrac tor for
execut ion of thereof the Work is unsound or of a
qual i ty inferior to tha t contrac ted for, or otherwise,
not in accordance with the Contrac t , or tha t any defect ,
shrinkage or other faul ts have appeared in the Work
aris ing out of defective or improper materia ls or
Workmanship, the Contrac tor shal l , upon receipt
of not ice in wri t ing in tha t behalf f rom the Engineer
forthwith rec t ify or remove or reconstruct the Work so
specif ied in whole or part , as the case may require or,
as the case may be, and / or remove the materia ls or
ar t icles so specif ied and provide other proper and
sui table materia ls or ar t icles a t his own expense
notwithstanding that the same may have been
inadvertent ly passed, cert if ied and paid for , and in the
event of his fa i l ing to do so within the period to be
specif ied by the Engineer in his not ice aforesa id the
Engineer may rec t ify or remove and re-execute
the Work and/or remove and replace with others the
materia ls or ar t icles complained of , as the case may
be, by other means a t the r isk and cost of the
Contractor .
In case of repairs and maintenance Work, splashes and
droppings f rom whitewashing, pa inting e tc. shall be
removed and surfaces c leaned s imultaneously with
complet ion of these i tems of Work in individual
rooms, quarters or premises e tc. where the Work is
done, wi thout wai t ing for complet ion of al l other i tems
of Work in the contrac t . In case the Contrac tor fai ls to
comply with requirement of this condi t ion, the
Engineer shal l have the r ight to get the Work done by
other means a t the r isk and cost of the Contractor .
The Engineer shall give three days not ice in wri t ing to
the Contrac tor before taking such ac t ion.
The Engineer reserves the right to decide the rates and prices of the
Works as executed by other means at the risk and cost of the
Contractor.
The cost and expenses thereby incurred on the Works
and also such penalty as the Engineer may impose for
such wrongful conduct of the Contrac tor (which
penalty, the Engineer shal l be competent to impose and
against the imposi t ion of which or the amount thereof
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
66 -
Signature of Tenderer No. of Corrections Signature of City Engineer
66
by the Engineer an appeal shall l ie only to the
Commissioner wi thin seven days of the order in tha t
behalf of the Engineer and the decis ions of the
Commissioner shall be f ina l and binding upon the
Contractor) may be deducted f rom any money due or to
become due to the Contractor , under this or any other
contrac t be tween the Contrac tor and the Corpora tion.
119. Maintenance The Contrac tor shall mainta in the f inished surface of
the road for a period as specif ied in Contract
document, af ter the complet ion of Work without any
extra cost to corpora t ion i rrespect ive of the designs,
s tandards and specif icat ions and ac tual t raff ic e tc .
The Contrac tor shal l ge t the potholes f i l led up with
asphal t mix materia ls and keep the road surface in
good condi t ion throughout the year . 5 percent amount
of the tota l Work done shal l be with held f rom
running account bi l l for the period specif ied in the
Contract document f rom the date of complet ion of
Work as maintenance charges of mainta ining and
keeping the road in good condi t ion. This 5 percent
amount wi thheld towards maintenance charges shal l
be a l lowed to be replaced with Bank guarantee or
other recognised forms a t intermedia te s tage, i f so,
desi red in wri t ing. This maintenance charges shal l be
in addi t ion to security deposi t .
On complet ion of the Work in a l l respects, necessary
cert if icates wil l be issued by the Engineer and the
defect l iabi l i ty period wil l be counted from the date of
issue of such cert i f ica tes
Al l damages during execut ion shall be made good by
the Contrac tor a t his cost . He wil l be responsible for
any damage to the road surface inc luding B.T. surface
in ra iny season and during construct ion and
guaranteed maintenance period and no separate
payment wi l l be made for resort ing such damages.
Defect ive Work is l iable to be rejected a t any s tage.
The Contrac tor on no account can refuse to rec ti fy
defects merely on reasons that further Work has been
carr ied out. No extra payments shall be made for such
rec t if icat ion.
120. Defects
Liabi l i ty
Cert if ica te
The Contrac t shal l not be considered as completed
unt i l a Defects Liabi l i ty Cert if ica te shal l have been
s igned by the Engineer and delivered to the
Contractor , s ta t ing the date on which the Contrac tor
shal l have completed his obl igat ions to execute and
complete the Works and remedy any defects there in to
the Engineer’s sa tisfac tion. The Defects Liabi l i ty
Cert if ica te shal l be given by the Engineer wi thin 28
days af ter the expira t ion of the la tes t such period, or
as soon thereafter as any Works inst ructed, pursuant to
Clauses 121 and have been completed to the
sa t isfac tion of the Engineer , Provided that the issue of
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
67 -
Signature of Tenderer No. of Corrections Signature of City Engineer
67
the Defects Liabil i ty Cert i f ica te shal l not be a
condi t ion precedent to payment to the Contractor of
the Retent ion Money.
121. Unfulf i l led
Obl igat ions
Notwithstanding the issue of the Defects Liabi l i ty
Cert if ica te the Contrac tor and the Corpora t ion shal l
remain l iable for the fulf i l lment of any obl igat ion
incurred under the provis ions of the Contrac t pr ior
to the issue of the Defects Liabil i ty Cert if ica te is
i ssued and, for the purposes of de termining the
nature and extent of any such obl igat ion, the
Contract shall be deemed to remain in force between
the part ies to the Contract . Notwithstanding the
issue of the Defects Liabi l i ty Cert i f ica te the
Contractor and the Corpora t ion shal l remain l iable
for the fulf i l lment of any obl igat ion incurred under
the provis ions of the Contract pr ior to the issue of
the Defects Liabil i ty Cert i f ica te is i ssued and, for
the purposes of de termining the nature and extent of
any such obl igat ion, the Contrac t shal l be deemed to
remain in force between the part ies to the Contrac t .
122. Refund of
Securi ty
Deposi t
The amount of securi ty deposi t lodged by a
Contractor shall be refunded along with the payment
of the f ina l bi l l , or af ter the expiry of the defect
l iabi l i ty period which ever is la ter unless the
Engineer is of the opinion that in order to safeguard
against defects and pending c la ims against the
Contractor i t i s necessary to re ta in more amount
re ta ined as re tent ion money.
ANNEXURE ‘A’
(See Condition 24)
Safety Provisions
1. Suitable scaffolds shall be provided for workmen for all that cannot safely be done from the ground,
or from solid construction except such short period work as can be done safely from ladders. When a
ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for
carrying materials as well, suitable footholds and handholds shall be provided on the ladder and the
ladder shall be given an inclination not steeper than ¼ to 1 ( ¼ horizontal and 1 vertical).
2. Scaffolding or staging more than 3.25 meters above the ground or floor, swung or suspended from an
overhead support or erected with stationary support, shall have a guard rail properly attached, belted
braced and other wise secured at least 1 meter high above the floor or platform of such scaffolding or
staging and extending along the entire length of the outside and ends thereof with only such openings
as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as
to prevent it from swaying from the building or structure.
3. Working platform, gangways, and stairways shall be so constructed that they do not sag unduly or
unequally, and if height of a platform or gangway or stairway is more than 3.25 meters above ground
level or floor level, it shall be closely boarded, have adequate width and be suitably fenced as
described in 2 above.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
68 -
Signature of Tenderer No. of Corrections Signature of City Engineer
68
4. Every opening in floor of a building or in a working platform shall be provided with suitable means
to prevent fall or persons or materials by providing suitable fencing or railing with a minimum height
of 1 meter.
5. Safe means of access shall be provided to all working platforms and other working places. Every
ladder shall be securely fixed. No portable single ladder shall be over 9 meters in length. Width
between side rails in a rung ladder shall in no case be less than 30 cm for ladder upto and including 3
meters in length. For longer ladders this width shall be increased by at least 6 mm for each additional
30 cm of length. Uniform step spacing shall not exceed 30 cm.
Adequate precaution shall be taken to prevent danger from electrical equipment. No materials on any
of the sites shall be so stacked or places as to cause danger or inconvenience to any person or the
public. The Contractor shall provided all necessary fencing and lights to protect public from accidents
and shall be bound to bear expenses of defence of every suit, action or other proceeding at law that
may be brought by any person for injury sustained owing to neglect of 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.
Excavation and Trenching :- All trenches, 1.5 metres or more in depth , shall at all times be supplied
with at least one ladder for each 30 metres in length or fraction thereof, ladder shall be extended from
bottom of trench to at least 1 metre above surface of the ground sides of a trench which is 1.5 meters
or more in depth shall be stepped back to give suitable slope, or securely held by timber bracing, so
as to avoid the danger of sides collapsing. Excavated material shall not be placed within 1.5 meters of
edge of trench or half or depth of trench, whichever is more. Cutting shall be done from top to
bottom. Under no circumstances shall undermining or under cutting be done.
7. Demolition : Before any demolition work is commenced and also during the process of the work
(a) all roads and open areas adjacent to the work site shall either be closed or suitably protected.
(b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus
used by operator shall remain electrically charged,
(c) All practical steps shall be taken to prevent danger to persons employed, from risk of fire or
explosion, or flooding. No floor, roof or other part of a building shall be so overloaded with
debris or materials as to render it unsafe.
8. All necessary personal safety equipment as considered adequate by the Engineer shall be available
for use of persons employed on the site and maintained in a condition suitable for immediate use, and
the Contractor shall take adequate steps to ensure proper use of equipment by those concerned.
(a) Workers employed on mixing asphaltic materials, cement and lime mortars/concrete shall be
provided with protective footwear, handgloves and goggles.
(b) Those engaged in handling any material which is injurious to eyes shall be provided with
protective goggles.
(c) Those engaged in welding works shall be provided with welder’s protective eye-shields.
(d) Stone breakers shall be provided with protective goggles and protective clothing and seated at
sufficiently safe intervals.
(e) When workers are employed in sewers and manholes, which are in use, the Contractor shall
ensure that manhole covers are opened and manholes are ventilated at least for an hour before
workers are allowed to get into them. Manholes so opened shall be cordoned off with suitable
railing and proided with warning signals or boards to prevent accident to public.
(f) The Contractor shall not employ men below the age of 18 and women on the work of painting
with products containing lead in any form. Whenever men above the age of 18 are employed on
the work of lead painting the following precautions shall be taken;
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
69 -
Signature of Tenderer No. of Corrections Signature of City Engineer
69
(g) No paint containing lead or lead products shall be used except in the form of paste or ready made
paint.
(i) Suitable face masks shall be supplied for use by workers when paint is applied in the form of
spray or surface having lead paint dry rubbed and scrapped.
(ii) Overalls shall be supplied by the Contractor to workmen and adequate facilities shall be
provided to enable working painters to wash during and on cessation of work.
9. When work is done near any place where there is risk of drowning, all necessary equipment shall be
provided and kept ready for use and all necessary steps taken for prompt rescue of any person in
danger and adequate provision made for prompt first aid treatment of all injuries likely to be
sustained during the course of the work.
10 Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following :
(a) (i) These shall be of good mechanical construction, sound material and adequate strength and
free from patent defects and shall be kept in good repair and in good working order.
(ii) Every rope used in hoisting or lowering materials or as a means of suspension shall be of
durable quality and adequate strength,and free from patent defects.
(b) Every crane driver or hoisting appliance operator shall be properly qualified and no person under
the age of 21 years shall be incharge of any hoisting machine including any scaffold winch or
give signals to operator.
(c) In case of every hoisting machine and of every chain ring hook, shackle, swivel and pulley block
used in hoisting or lowering or as means of suspension, safe working load shall be ascertained by
adequate means. Every hoisting machine and all gear referred to above shall be plainly marked
with safe working load. In case of hoisting machine having a variable safe working load, each
safe working load and the conditions under which it is applicable shall be clearly indicated. No
part of any machine or of any gear referred to above in this paragraph shall be loaded beyond safe
working load except for the purpose of testing.
(d) In case of departmental machine, safe working load shall be notified by the Engineer, as regards
Contractor’s machine the Contractor shall notify safe working load of each machine to the
Engineer whenever he brings it to site of work and get it verified by the Engineer.
11. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances shall
be provided with efficient safeguards, hoisting appliances shall be provided with such means as will
reduce to the minimum risk of accidental descent of load, adequate precautions shall be taken to
reduce to the minimum risk of any part of a suspended load becoming accidentally displaced. When
workers are employed on electrical installations which are already energized, insulating mats,
wearing apparel such as gloves, sleeves and boots, as may be necessary, shall be provided. Workers
shall not wear any rings, watches and carry keys or other materials which are good conductors of
electricity.
12. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in a
safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use.
Adequate washing facilities shall be provided at or near places of work.
13. These safety provision shall be brought to the notice of all concerned by display on a notice board at
a prominent place at the work spot. Persons responsible for ensuring compliance with the Safety
Provisions shall be named therein by the Contractor.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
70 -
Signature of Tenderer No. of Corrections Signature of City Engineer
70
14. To ensure effective enforcement of the rules and regulations relating to safety precautions,
arrangements made by the Contractor shall be open to inspection by the Engineer or his
representative and the inspecting officers.
15. Notwithstanding the above provisions 1 to 14, the Contractor is not exempted from the operation of
any other Act or Rule in force.
16. Complete continuous barricading of G.I. sheet height 1.5 mtr., with the ground clearance of 0.60 mtr.
from the ground level and completely supported by M.S. angles (As per design & instructions by the
engineer ) must be provided. For works of concrete and asphalt road, This should be maintained till
completion of work.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
71 -
Signature of Tenderer No. of Corrections Signature of City Engineer
71
ANNEXURE ‘B’ (See Condition No. 27)
DETAILS OF KEY PERSONNEL WITH TENDERER WHO ARE PROPOSED FOR THIS
CONTRACT
Sr No Description of
category
Name Qualification Professional
experience
and details of
works carried
out
Since how
long in
service with
tenderer
Remarks
1. 2. 3. 4. 5. 6. 7.
SIGNATURE OF TENDERER:
DATE:-
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
72 -
Signature of Tenderer No. of Corrections Signature of City Engineer
72
ANNEXURE ‘C’
Eò®úÉ®úxÉɨÉÉ {ÉjÉ (°ü. 100/- SªÉÉ º]õì {É {Éä{É®ú´É®ú)
xÉ´ÉÒ ¨ÉÖƤÉ<Ç ¨É½þÉxÉMÉ®ú{ÉÉʱÉEäòSÉä ´ÉiÉÒxÉä ¶É½þ®ú +ʦɪÉÆiÉÉ / EòɪÉÇEòÉ®úÒ +ʦɪÉÆiÉÉ xÉ´ÉÒ ¨ÉÖƤÉ<Ç ¨É½þÉxÉMÉ®ú{ÉÉʱÉEòÉ, xÉ´ÉÒ ¨ÉÖƤÉ<Ç. ---------------------------------------- ---------------------------------------- ---------------------------------------- Eò®úÉ®ú ʱɽÖþþxÉ näùhÉÉ®ú
EòÉ®úhÉä Eò®úÉ®úxÉɨÉÉ Ê±É½ÚþxÉ näùiÉÉä EòÒ, xÉ´ÉÒ ¨ÉÖƤÉ<Ç ¨É½þÉxÉMÉ®ú{ÉÉʱÉEòÉ ºlÉɪÉÒ ºÉʨÉiÉÒxÉä ö®úÉ´É Gò. ---------------
-------------- ÊnùxÉÉÆEò / / 2009 +x´ÉªÉä ---------------------------------------------
------------------------------- EòɨÉÉSÉÒ ÊxÉÊ´ÉnùÉ ¨ÉÆVÉÚ®ú ZÉɱÉÒ +ɽäþ.
iªÉÉ|ɨÉÉhÉä +ɨ½þÒ ´É®úÒ±É Ê`öEòÉhÉÒ {ÉÖføÒ±É ¶ÉiÉÔ´É®ú ¤ÉÉÆvÉÒ±É +ɽþÉäiÉ.
1. EÆòjÉÉ]õnùÉ®úÉxÉä ¤ÉÄEò MÉì®Æú]õÒSªÉÉ º´É°ü{ÉÉiÉ +xÉɨÉiÉ ®úCEò¨É ¨½þhÉÚxÉ EÆòjÉÉ]õ ®úCEò¨ÉäSªÉÉ 2 ]õCEäò
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
73 -
Signature of Tenderer No. of Corrections Signature of City Engineer
73
¤ÉÄEäòiÉ `äö ÉhÉä +ɴɶªÉEò +ɽäþ. =´ÉÇÊ®úiÉ +xÉɨÉiÉ ®úCEò¨É näùªÉ ʤɱÉÉiÉÚxÉ 2 ]õCEäò nù®úÉxÉä ´ÉVÉÉ
Eò®úhÉäSÉÒ +ɽäþ.
2. VÉxÉ®ú±É ]åõb÷®ú xÉÉä]õÒºÉ "¶ÉÖvnùÒ{ÉjÉɺɽþ' ÊxÉÊ´ÉnùÉEòÉ®úÉÆxÉÉ ºÉÖSÉxÉÉ ºÉ´ÉÇ +]õÒ ºÉÉvÉÉ®úhÉ +]õÒ,
°ü{É®äú¹ÉÉ iÉ{ɶÉÒ±É, ÊxÉÊ´ÉnùÉ nùºiÉBä´ÉVÉ ´É κ´ÉEÞòiÉÒ {ÉjÉ xÉÆ. ---------------------
Ênù. / /2009 ½äþ ºÉ´ÉÇ Eò®úÉ®úÉSÉä EòÉMÉnù{ÉjÉ +ºÉiÉÒ±É.
3. EÆòjÉÉ]õnùÉ®úÉxÉä +É{ɱÉä EòÉ¨É ÊxÉvÉÉÇ®úÒiÉ ´Éä³äýiÉSÉ Eäò±Éä {ÉÉʽþVÉä.
4. ¨É½þÉ{ÉÉʱÉEòÉ EÆòjÉÉ]õnùÉ®úÉxÉä |ÉiªÉIÉ Eäò±É䱪ÉÉ EòɨÉÉSÉÒä ®úCEò¨É ¶Éäb÷¬Ú±É ®äú]õ / EòÉä]äõb÷
{ɺÉç]äõVÉ|ɨÉÉhÉä EÆòjÉÉ]õnùÉ®úÉºÉ näù<DZÉ.
5. ¨É½þÉ{ÉÉʱÉEäòxÉä VÉ®ú EÆòjÉÉ]õnùÉ®úÉºÉ EòÉähÉiÉÒ½þÒ ºÉä´ÉÉ Ênù±ªÉÉºÉ iªÉÉSÉÒ ®úCEò¨É EÆòjÉÉ]õnùÉ®úÉxÉä
¨É½þÉ{ÉÉʱÉEäòºÉ näùhÉä MÉ®úVÉäSÉä +ɽäþ.
6. ºÉnù®ú EòɨÉÉSªÉÉ ºÉÆnù¦ÉÉÇiÉ BJÉÉtÉ ´Éä³äýºÉ Ê´É´ÉÉnù ÊxɨÉÉÇhÉ ZÉɱªÉÉºÉ iÉÉä Ê´É´ÉÉnù `öÉhÉä / ¨ÉÖƤÉ<Ç
xªÉɪÉɱɪÉÉÆSªÉÉ ½þqùÒiÉ iªÉÉSÉÉ ÊxÉ´ÉÉb÷É ½þÉä<DZÉ.
´É®úÒ±É ºÉ´ÉÇ ÊxÉªÉ¨É ´É +]õÒ +ɨ½þÒ EòɳýVÉÒ{ÉÚ´ÉÇEò ´ÉÉSɱªÉÉ +ºÉÚxÉ iªÉÉ +ɨ½þɱÉÉ {ÉÚhÉÇ{ÉhÉä
¨ÉÉxªÉ ´É ¤ÉÆvÉxÉEòÉ®úEò +ɽäþiÉ. ½þÉ Eò®úÉ®úxÉɨÉÉ ¨ÉÒ ®úÉVÉÒJÉÖ¶ÉÒxÉä ʱɽÚþxÉ Ênù±ÉÉ +ɽäþ.
Ê`öEòÉhÉ :- ºÉÒ. ¤ÉÒ. b÷Ò., ¤Éä±ÉÉ{ÉÚ®ú, xÉ´ÉÒ ¨ÉÖƤÉ<Ç - 400 614.
ÊnùxÉÉÆEò :- / /2009.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
74 -
Signature of Tenderer No. of Corrections Signature of City Engineer
74
ºÉÉIÉÒnùÉ®ú Eò®úÉ®úxÉɨÉÉ Ê±É½ÚþxÉ näùhÉÉ®ú
1. º´ÉÉIÉ®úÒ : º´ÉÉIÉ®úÒ (EÆòjÉÉ]õnùÉ®ú)
xÉÉ´É : ----------------------------------- xÉÉÆ É : ---------------------
{ÉkÉÉ : ---------------------------------- {ÉkÉÉ : ---------------------
2. º´ÉÉIÉ®úÒ : ®ú¤É®úÒ Ê¶ÉCEòÉ
xÉÉ´É : -----------------------------------
{ÉkÉÉ : ----------------------------------
¨ÉxÉ{ÉÉ º´ÉÉIÉ®úÒ :
ºÉɨÉÉxªÉ ¨ÉÖpùÉ. {ÉnùxÉÉ¨É :
------------------------------ xÉ´ÉÒ ¨ÉÖƤÉ<Ç ¨É½þÉxÉMÉ®ú{ÉÉʱÉEòÉ.
ºlÉɪÉÒ ºÉʨÉiÉÒSªÉÉ JÉɱÉÒ±É nùÉäxÉ ºÉnùºªÉÉƺɨÉIÉ ºÉɨÉÉxªÉ ¨ÉÖpùÉ =¨É]õÊ´ÉhªÉÉiÉ +ɱÉÒ +ɽäþ.
1. xÉÉÆ É : ----------------------------------- 1. º´ÉÉIÉ®úÒ : ---------------
2. xÉÉÆ É : ----------------------------------- 2. º´ÉÉIÉ®úÒ : ---------------
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
75 -
Signature of Tenderer No. of Corrections Signature of City Engineer
75
ANNEXURE ‘D’
I N D E M N I T Y B O N D
ON STAMP PAPER OF VALUE OF RS. 100/-
In consideration of Navi Mumbai Muncipal Corporation incorporated under BPMC act 1949 and having its
office at Blapur Bhavan, 1st Floor, C.B.D. Belapur, Navi Mumbai-400614. (hereinafter referred to as the
Corporation, which expression, shall unless it be repugnant to the context or meaning thereof includes its
successors or assigns) having awarded to M/s.
___________________________________________________________
______________________________________________ a Partnership/Proprietorship/Pvt. Ltd./Ltd. firm
carrying in such name and style the business of construction (hereinafter referred to as the Contractor which
expression shall, unless it be repugnant to the context or meaning thereof, includes its partners or
Partner/Proprietor for the time being or its surviving Partner or his heirs and executors) for the work of
_______________________________________________________________________________________
_______________________________________________________________________________________
at an ______ percent above / below estimated cost of Rs. ________________________ and in compliance
with one of the terms and conditions of the said Contract.
We, M/s. _________________________________________________________________ being the
Contractor do hereby agree and undertake and indemnify and save harmless the Corporation in consequence
of the manufacturing defect, patent manufacturing defect and construction defect found in the constructed
work at any time in a defect liability period of _______ years with the grant of completion certificate by the
Corporation to the Contractor in accordance with and subject to the provision of the said contract.
It is hereby agreed and declared that the City Engineer of the Corporation or any officer acting as such City
Engineer of the Corporation shall be the Competent Authority to decide upon the question as to the defects in
the construction of works and the remedy to be applied by the Contractor for their rectification at his cost and
his decision shall be final, conclusive and binding upon both the Corporation and the Contractor, provided
that the City Engineer shall so decide after giving an opportunity to the Contractor to represent his case.
We hereby agree and undertake irrevocable and unconditionally to carry out duly each and very decision,
order, direction or instruction as may be issued by the said City Engineer or as the case may be, the officer of
the Corporation in his behalf and to rectify properly and promptly the defect found by him.
FOR AND ON BEHALF OF M/S._____________________________________
__________________________________________________________________
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
76 -
Signature of Tenderer No. of Corrections Signature of City Engineer
76
Place :- __________________
Date :- __________________
S E A L
Notary, Maharashtra State BEFORE ME
Notary, Maharashtra State
Noted and Registered at _________________________________
Serial Number
_______________________________
For & on Behalf of Corporation.
Accepted By.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
77 -
Signature of Tenderer No. of Corrections Signature of City Engineer
77
DETAILED TENDER NOTICE TO CONTRACTOR
1.0 Sealed bids are invited by and on behalf of Commissioner, Navi Mumbai Municipal Corporation
from Eligible bidders for the proposed Work specified in Schedule ‘A’.
2.0 ISSUE OF TENDER
2.1. Tender book will be made available at E-tendering cell, Belapur Bhavan, CBD from date of
publication of Tender Notice on News paper to the Contractors who have enrolled at NMMC E-
tendering Cell for work of Tender Amount upto 25 lacs. or NMMC Enrolled Contractor may buy
tender book from E- tendering website www.nmmctenders.com
2.2 For work of tender amount Rs. 25 lacs above, tender book will be issued online though E-
tendering Website www.nmmctenders.com to Contractor, who is enrolled with NMMC.
2.3 Price of Blank Tender form cost must be paid in cash/Demand Draft in NMMC’s Account
Department and Receipt of the same should be given to E-tendering cell.
.
2.4 The Tender Document is not transferable. Only the Tenderer who has purchased the tender
form shall be entitled to bid in the Tender.
3.0 LANGUAGE OF TENDER / CONTRACT
The language of the Contract shall be English/Marathi and all correspondence, drawings etc. shall
conform to the English/Marathi language.
4 .0 PREBID CONFERENCE
A Prebid Conference of all the intending Tenderers will also be held at the scheduled date and time
indicated in Schedule ‘A’ of the tender. Intending Tenderers will be allowed to seek clarification and
suggest suitable modifications in specifications, conditions of the Contract etc. The Corporation will
communicate such changes that are accepted by it, to all the intending Tenderers who have
purchased the Tender document from the Corporation. Only such changes that are so communicated
shall be binding on the Corporation and all the Tenderers.
5 .0 VALIDITY OF BIDS
The bids will be valid for the period indicated in Schedule ‘A’
6.0 EARNEST MONEY
6.1 The Tenderer shall deposit the amounts indicated in the Tender Notice as Earnest Money Deposit
(EMD)., The Earnest Money shall be deposited in the form a demand draft / pay order in favour of
‘Navi Mumbai Municipal Corporation’, a fixed deposit with the Corporation or a bank guarantee as
per format indicated in Annexure 1. The failure or omission to deposit the Earnest Money shall
disqualify the Tender and the Corporation shall exclude from its consideration such disqualified
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
78 -
Signature of Tenderer No. of Corrections Signature of City Engineer
78
Tender(s). No interest shall be payable by the Corporation in respect of such deposited Earnest
Money.
Alternatively The Tenderer can also deposit a Fix EMD at NMMC office which will be credited to
his account.
The tenderer should refer user’s guide while depositing EMD though the e-tendering website
www.nmmctenders.com.
7.0 FORFEITURE OF EMD
7.1 The Tenderer shall not revoke his Tender or vary its terms and conditions without the consent of the
Corporation during the validity period of Tender. If the Tenderer revokes the Tender or vary its
terms or condition contrary to his promise to abide by this condition, the Earnest Money deposited
by him shall stand forfeited to the Corporation without prejudice to its other rights and remedies and
the Tenderer shall be disentitled to submit a tender to the Corporation for execution of any Work
during the next 24 months effective from the date of such revocation.
7.2 If Successful Tenderer does not pay the Security Deposit in the prescribed time limit or fails to sign
the agreement bond, his Earnest Money Deposit will be foreited by the Corporation.
8.0 REFUND OF EARNEST MONEY
The Earnest Money of an unsuccessful Tenderers shall be refunded after the successful Contractor
furnishes required Initial Security Deposit to the Corporation and sign the agreement or within 30
days of the expiry of validity period, whichever is earlier.
9.0 COST OF TENDER
The Tenderer shall bear all costs associated with the preparation and submission of its Tender.
The Corporation shall in no case be responsible or liable for these costs, regardless of the Conduct
or the out come of the Tendering process.
10.0 ELLIGIBLE TENDERERS
Only those Contractors fulfill the Eligibility criteria as mentioned in the Schedule ‘A’ of the tender
notice are eligible to submit their tender for this Work.
11.0 SPARE CAPACITY OF WORK FOR TENDERING
The Tenderers shall be eligible to submit the tender to the Corporation subject to the essential
condition that the price tendered by him together with the value of the outstanding Works under
execution by him for the Corporation or any other employer shall not be more than four times the
value of the average annual turnover of Works executed during the preceding three financial years
ending 31st March.
12.0 RELATION SHIP WITH CORPORATOR(S)
Tenderer shall not be associated presently or in the past with any of the office bearer or Corporator
of the Navi Mumbai Municipal Corporation either directly or indirectly as specified in the section
10(f), (g) of BPMC Act. 1949. The Tenderer shall furnish an Affidavit on a Non-Judicial stamp
paper of Rs.10/- If any information so furnished shall be found to be untrue or false, the tender shall
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
79 -
Signature of Tenderer No. of Corrections Signature of City Engineer
79
be liable to be disqualified and the Earnest Money accompanying such tender shall stand forfeited to
the Corporation. If the information so furnished shall be found to be untrue or false during the
currency of the contract the Tenderer shall be held to be in-default and the contract if any awarded to
him shall be liable to be terminated with its consequences.
13.0 TIME OF COMPLETION
The period of completion of Works is enumerated under Schedule ‘A’. The time of completion shall
commence from the date of placing the Work Order or date of handing over the site whichever is
earlier. The completion period is for all items of Work in all parts of Tender Documents.
14.0 SCHEDULE OF RATES AND QUANTITIES
14.1 The Tender has been drafted on the basis of pre-priced schedule of rates and quantities for different
types of items.
14.2 All the tender items are priced as mentioned in Schedule B of Tender.
14.3 The Contractors are expected to work out their own rates based on the detailed technical
specifications, drawings & conditions and finally arrive at the cost of the Work in the appropriate
places. The contractor shall insert percentage cost over or below the Corporations cost to arrive at
the contract value for the work in Schedule B. In case of item rate, rate should be mentioned infront
of item in Schedule B.
14.4 In case of Lump Sum Contract, Tenderer should insert his Lump Sum cost as contract value for the
Work.
15.0 INSPECTION OF SITE AND SUFFICIENCY OF TENDER
15.1 The Contractor shall inspect and examine the site and its surrounding and shall satisfy himself
before submitting his Tender as to the nature of the ground and subsoil (so far as is practicable), the
form and nature of the site, the quantities and nature of the Work and materials necessary for the
completion of the Works and means of access to the site, the accommodation he may require and in
general, shall himself obtain all necessary information as to risk, contingencies and other
circumstances which may influence or affect his Tender.
15.2 The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his Tender for the Works and of the rates and prices quoted in the schedule of
Works/items/ quantities or in bill of quantities, which rates and prices shall, except as otherwise
provided, cover all his obligations under the contract and all matters and things necessary for proper
completion and maintenance of the Works.
15.3 No extra charges consequent on any misunderstanding or otherwise shall be allowed.
16.0 MANNER OF SUBMISSION OF TENDER
16.1 The Complete Tenders (Estimated amount below Rs. 25 lacs) in the manner specified in the
following paragraph will be received in any of the following offices / manner :
a) Hon. Commissioner’s office, 1st floor, Belapur Bhavan;
b) Medical Health Officer’s Office, 8th floor, Belapur Bhavan; and
c) By courier or by mail within specified time, as indicated above.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
80 -
Signature of Tenderer No. of Corrections Signature of City Engineer
80
The tenders estimated cost above Rs. 25 lacs should be submitted online at www.nmmctenders.com
16.2 Telex, cable or facsimile offers will be rejected.
17.0 LAST DATE FOR SUBMISSION
17.1 Sealed Tender offers shall be received at the address specified above not later than the time and date
specified in the Schedule ‘A’ of the Tender .
17.2 In the event of the specified date for the submission of Tender offers being declared a holiday, the
offers will be received up to the appointed time on the next working day
17.3 The Corporation may, at its discretion, extend this deadline for submission of offers by amending the
Tender Documents, in which case all rights and obligations of the Corporation and Tenderer will
thereafter be subject to the deadline as extended.
17.4 Any Tender offer received by the Corporation after the deadline for submission of Tender offer
prescribed by the Corporation, pursuant to the clause above, will be rejected and / or returned
unopened to the Tenderer.
18.0 MODIFICATION AND WITHDRAWAL OF OFFERS
The vendor may modify or withdraw his offer after its submission, provided that written notice of
the modification or withdrawal is received by the Corporation prior to the closing date and time
prescribed for submission of offers. No offer can be modified by the vendor, subsequent to the
closing date and time for submission of offers.
19.0 CONTENTS
19.1 Tenders are invited in two envelope system. The completed Tender shall be submitted in sealed
envelope, superscribing the name of Work & C.A.No mentioned in the Tender notice.
19.2 Full name and address of the Tenderer shall be written in the bottom left corner of each envelope.
19.3 The envelope shall contain the following
Envelope No.1 (Technical Bid) : This should contain all the documents mentioned below. This Envelope may contain other documents
also such as Technical bids, drawings, etc as mentioned in the Tender notice.
a) List of all the documents enclosed in the envelope.
b) The tender price in the form of Demand Draft/Pay Order Original cash receipts (where it is
downloaded from the official website.
c) Undertaking in Annexure ‘2’ duly signed by a person holding a valid Power of Attorney.
d) Power of Attorney authorized the person to sign the Tender Document (see clause 20(e)).
e) The EMD in the form of Demand Draft/Pay order (as per clause 6.0 above) or valid certificate
of exemption issued bythe City Enginner of Navi Mumbai Municipal Corporation.
f) Attested copy of the valid registration certificate (as requested by the eligibility condition at
Annexure ‘A’)
g) Up-to-date valid clearance Certificates for income tax, Sales tax, Cess with NMMC.
h) Details of firms in Annexure 3.
i) The Tenderer shall furnish a statement showing the type and magnitude of work done with
last 3 years as per Annexure 4.
j) List of works in hand as on the date of submission of this tender.
k) List of works in tenderer as on the date of submission of the this tender Annexure 6.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
81 -
Signature of Tenderer No. of Corrections Signature of City Engineer
81
l) List of machinery and plant immediately available with the Tendere for use ont his work and
list of machinery proposed to be utilized on this work bit not immediately available and the
manner in which it is proposed to be procured in Annexure 7.
m) Details of Technical personnels available with the contractor in Anneexure 8.
n) Affidavit on a non-juditial Stamp paper of Rs.100/-
]
Envelope No.-2
For tender amount below Rs. 25 lacs (Financial bid) - This envelope shall contain the Complete set
of Tender Documents along with corrigendum, addendum if any issued, duly filled in and initial on
each page and signed by the Tenderer(s) at prescribed places of the Tender Documents, including
signature of witnesses. (un-conditional).
For tender amount above Rs. 25 lacs : e-submission only
Covering Envelope
Both the envelopes I & II shall be put together in common sealed envelope subscribing on it, name
of Work, C.A.NO., Name and address of the Tenderer.
20.0 IMPORTANT POINTS TO BE NOTED BY THE TENDERER
a) On receipt of blank Tender form the Tenderer should ensure that no corrections or over writings
or erasures are left to be attested by the competent authority of the Corporation.
b) The price-bid shall be inclusive of all taxes, Octroi, Local taxes, etc. to be paid by the Tenderer
for the Work and claim for extra payment on any such account shall not be entertained.
Any change that will be made in the Tender paper by the competent authority after issue of the
Tender will be intimated to the Tenderer in the form of Corrigendum/Addendum for
incorporating the same in the Tender before submitting the Tender.
c) Price-bid should be written both in words and figures in the Schedule ‘B’, at appropriate places.
d) No alterations and additions any where in the Tender Document are permitted. If any of these
are found, the Tender may be summarily rejected. The Tenderer should get his doubts cleared
during pre-Tender meeting only if provided in the Tender. In case if no pre-bid meeting is to be
held the Tenderer should seek clarification or any doubt in writing 7 days before the last date for
receipt of Tenders.
e) In case of firm, each partner or power of attorney holder shall sign the Tender and the signatures
shall be attested as witness by a reputed person in the space provided for the purpose. The
attested copies of power of attorney of person signing the Tender shall be enclosed with the
Tender. The power of attorney shall be signed by all partners.
In case of private limited/public limited companies, the power of attorney shall be supported by
Board resolutions and appropriate and adequate evidence in support of the same shall be given.
f) All pages and pasted slips should be signed by the Tenderer.
g) No page shall be added or removed from the set of Tender Document.
h) Tenderer shall be deemed to have studied the schedule of Works / Items / Quantities / Rates, all
plans, specifications, terms and conditions, shall inspect and examine the site and its surrounding
and shall satisfy himself before submitting his Tender as to the nature of the ground and subsoil
(so far as is practicable), the form and nature of the site, nature of the Work and materials
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
82 -
Signature of Tenderer No. of Corrections Signature of City Engineer
82
necessary for the completion of the Works and means of access to the site, the accommodation he
may require and in general shall himself obtain all necessary information as to
risk, contingencies, obligations under the Contract and all matter and things necessary for proper
completion and maintenance of the Works. No extra charges consequent on any
misunderstanding. A declaration and an undertaking to this effect should be singed by the
Tenderer in the form attached at an Annexure - 2.
i) The Tenderer shall submit the Tender which satisfies each and every condition laid down in this
Tender notice, failing which the Tender will be liable to be rejected conditional Tenders will be
rejected.
21.0 CORRUPT OR FRAUDULENT PRACTICES
The Corporation requires that the bidders/suppliers/ Contractors under this Tender observe the
highest standards of ethics during the procurement and execution of such contracts. In pursuance of
this policy, the Corporation defines for the purposes of this provision, the terms set forth as follows:
a) “corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to
influence the action of the public official in the procurement process or in contract execution; and
b) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or
a execution of a contract to the detriment of the Corporation, and includes collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive
levels and to deprive the Corporation of the benefits of the free and open competition;
The Corporation will reject a proposal for award if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in question; The
Corporation will a firm ineligible, either indefinitely or for a stated period of time, to be awarded a
contract if it at any time determines that the firm has engaged in corrupt and fraudulent practices in
competing for, or in executing, a contract.
22.0 MANNER OF OPENING OF TENDER
For the work of Rs. 25 lakhs below, The Tender received within the schedule time and date specified
in the Tender Notice will be opened as per the specified program in the office as mentioned in the
Tender Notice (If Possible). The tenders will be opened in the presence of Tenderers or their
authorised representatives who choose to remain present
For the Work of Rs. 25 lakhs above, tender will be open online in the presence of Tender Committee
and e-tendering Administrator.
23.0 PROCESS TO BE CONFIDENTIAL
Information relating to the examination, clarification, evaluation and comparison of bids and the
award of a Contract shall not be disclosed to Bidders or any other person not officially concerned
with such process until the award to the successful Bidder has been announced.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
83 -
Signature of Tenderer No. of Corrections Signature of City Engineer
83
24.0 PRELIMINARY SCRUTINY
The Corporation will scrutinize the offers to determine whether they are complete, whether any errors
have been made, whether required technical documentation have been furnished, whether the
documents have been properly signed, and whether the offers are generally in order.
Prior to the detailed evaluation, the Corporation will determine the substantial responsiveness of each
offer to the Tender Documents. For purposes of these Clauses, a substantially responsive bid is one
that confirms to all the terms and conditions of the Tender Documents without material deviations.
The Corporation’s determination of an offer’s responsiveness is to be based on the contents of the
Tender offer itself without recourse to extrinsic evidence.
A Tender offer determined as not substantially responsive will be rejected by the Corporation and
may not subsequently be made responsive by the Bidder by correction of the non-confirmity.
The Corporation may waive any minor infirmity or irregularity in a Tender offer, which does not
constitute a material deviation. This shall be binding on all Tenderers and the Corporation reserves
the right of such waivers.
25.0 CLARIFICATION OF OFFERS
To assist in the scrutiny, evaluation and comparison of offers, the Corporation may, at its discretion,
ask some or all vendors for technical clarification of their offer. The request for such clarifications
and the response shall be in writing. To speed up the Tender process, the Corporation, at its
discretion, may ask for any technical clarification to be submitted by means of facsimile by the
Tenderer. In such cases, original copy of the document describing the technical clarifications must be
sent to the Corporation by means of courier / in person.
26.0 REJECTION OF TENDERS
The Tenders are liable to be rejected if the Tenderer
� Does not submit price of Tender in the form of original cash receipt/DD/pay order.
� Does not submit EMD.
� Does not submit Undertaking on Rs.100/- stamp paper. (Annexure-2)
� Does not disclose the full names and address of all his partners in case of a Partnership Concern;
� Does not submit the information as called for in Annexure ( 3 to 8)
� Does not submit affidavit on Rs. 100/- Stamp Paper. (Annexure - 9)
� Fails to initial corrections;
� Fails to fill completely all the proformae provided in the Tender including proforma of
submission of Tender and percentage and amount columns in Schedule - `B';
� Tries to contact the Corporation on any matter relating to its bid, or tries to influence the
Corporation in its decision on bid evaluation, bid comparison or Contract award from the time
of the bid opening to the time of contract is awarded.
� Stipulates any condition in the Tender;
� Stipulates the validity period less than what is stated in the form of Tender;
� Does not quote rates inclusive of octroi duty and other terminal or Sales Tax or General taxes,
etc.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
84 -
Signature of Tenderer No. of Corrections Signature of City Engineer
84
� Does not sign every page of Tender with seal of company / firm;
27.0 SHORT – LISTING OF VENDORS
The Corporation will short-list technically qualifying vendors and commercial offers of only these
vendors will be opened at the date and time to be intimated.
28.0 OPENING OF COMMERCIAL OFFERS
The Corporation shall notify the date of opening of the commercial bids to all the Tenderers.
On such notified date the Envelope No. 2 will be opened and the rates in Schedule ‘B’ or percentage
above / below the Estimate shall then be read out.
29.0 ACCEPTANCE OF TENDER
29.1 Acceptance of Tender on behalf of the Corporation shall be done by an officer(s) to whom the
powers are delegated by the Municipal Commissioner.
29.2 The Corporation is not bound to accept the lowest or any Tender. The Corporation reserves the right
to reject any or all Tenders received without assigning any reason whatsoever.
30.0 INTIMATION TO SUCESSFUL TENDERERS
The acceptance of Tender may be communicated to the successful Tenderer in writing or otherwise
either by the Tender opening Authority or any Authority in the Corporation.
31.0 SECURITY DEPOSIT
The Contractor shall pay a Security Deposit equal to five percent of the contract sum as security for
due fulfillment of the contract, unless otherwise stated in the Tender Documents
The mode of making this deposit is as under.
a) Initial or contract deposit.
A sum, which along with the Earnest Money already paid, amounts to three percent of the
contract sum shall be paid within 15 days after receipt of intimation in writing of acceptance of
Tender. It is optional to the Contractor to make the contract deposit in any one of the following
ways :
i) Wholly in cash or.
ii) Wholly in form of National Saving Certificate pledged in favour of the Corporation or Bank
Guarantees / Fixed deposit from Nationalized / Scheduled Banks in the enclosed format.
iii) Partly in cash and partly in form of National Saving Certificate pledged in favour of the
Corporation or Bank Guarantees / Fixed Deposit from Nationalized / Scheduled Banks in the
enclosed format.
b) Retention Money :
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
85 -
Signature of Tenderer No. of Corrections Signature of City Engineer
85
The remaining amount of the Security Deposit i.e. 2% shall be recovered from the Contractor’s
running bills at the rate of five percent and such retention together with the contract deposit
made as aforesaid shall not exceed in the aggregate five percent of the contract sum after which
such retention will cease.
c) All compensation or other sums of money payable by the Contractor under the terms of this
contract or any other account whatsoever, may be deducted from or paid by the sale of a
sufficient part of this Security Deposit/retention money or from the interest arising therefrom or
from any sums which may be due or may become due to the Contractor by the Corporation on
any account whatsoever, and in the event of his Security Deposit/retention money being reduced
by reason of any such deduction or sale as aforesaid, the Contractor shall within 15 days of
receipt of notice of demand from the City Engineer make good the deficit.
In the event of the said deposit having been made by the Contractor by delivery to the
Corporation by the Guarantee of the Bankers of the Contractor, and of the Contractor under any
of the provisions of this contract becoming subject to or liable for any penalty for damages
liquidated or unliquidated or of the said deposit becoming forfeited or any breach or failure or
determination of contract, then, and in such case the amount of any such penalty or damages and
the deposit so forfeited is not previously paid to the Municipal Commissioner, shall immediately
on demand be paid by the said Bankers to Corporation and may be forfeited by the Municipal
Commissioner under and in terms of the said Guarantee.
32.0 EXECUTION OF CONTRACT DOCUMENT
The successful Tenderer after furnishing Initial Security Deposit, is required to execute an
Agreement in duplicate in the form attached with the Tender Documents on a stamp paper of proper
value. The proper value at present is Rs. 100/-. The agreement should be signed within a month
from the date of acceptance of the Tender. The Contract will be governed by the Contract
agreement, the General Conditions of the Contract (G.C.C.), and the Special Conditions of the
Contract and other documents as specified in the G.C.C.
33.0 STAMP DUTY, LIGAL AND STATURY CHARGES
It shall be incumbent on the successful Bidder to pay stamp duty for the Contract agreement, as
applicable on the date of the execution.
34. LICENCES
The successful Tenderer should comply statutory instruction of contract labour & will be required to
produce to the satisfaction of the City Engineer a valid contract labour license issued in his favour
under the provision of the Contract Labour License (Regulation and Abolition) 1970, before starting
the Work. On failure to do so, the acceptance of the Tender is liable to be withdrawn and also the
Earnest Money is liable to be forfeited.
35.0 RIGHTS OF THE CORPORATION
The Corporation reserves the right to suitably increase/reduce the scope of Work put to this Tender.
The right to split up the Work in two or more parts is reserved by the Corporation and also the right
to award the Work to more than one agency is reserved.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
86 -
Signature of Tenderer No. of Corrections Signature of City Engineer
86
36.0 INTERPRETATION OF THE CLAUSES IN THE TENDER DOCUMENT / CONTRACT
DOCUMENT
In case of any ambiguity in the interpretation of any of the clauses in Tender Document or the
Contract Document, interpretation of the clauses by the Corporation shall be final and binding on all
parties.
37.0 NOTICE TO FORM PART OF CONTRACT
Notice of Tender and these instructions shall form part of the contract.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
87 -
Signature of Tenderer No. of Corrections Signature of City Engineer
87
Annexure –1
FORM OF BANK GUARANTEE BOND In consideration of the Navi Mumbai Municipal Corporation (hereinafter called ‘The NMMC’)
having agreed to exempt _____________________________________ (hereinafter called “the said
Contractor(s)’) from the demand under the terms and conditions of an Agreement dated
_____________________________ made between _____________________________________ and
_______________________________ for ____________________________________ (hereinafter called
“the said Agreement of security deposit for the due fulfillment by the said Contractor (s) of the terms and
conditions contained in the said Agreement, on production of a Bank Guarantee for Rs.
______________________________ (Rupees___________________________________________Only)
we, _________________________________________ (hereinafter referred to as ‘the bank’) at the request
( indicate the name of the bank)
of ______________________________ [( Contractor (s) do hereby undertake to pay the NMMC an amount
not exceeding Rs. _____________________________ against any loss or demand caused to or suffered or
would be caused to or suffered by the NMMC by reason of any branch by the said Contractor (s) of any of
the terms or conditions contained in the said Agreement.
2. We _____________________________________________ do hereby undertake to pay the
( indicate the name of the bank)
amounts due and payable under this guarantee without any demur, meerely on a demand from the NMMC
stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered
by the NMMC by reason of breach by the said Contractor (s) of any of the terms or conditions contained in
the said Agreement or by reasons of the Contractor (s) failure to perform the said Agreement . Any such
demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this
guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding
Rs. ...................
3. We, undertake to pay to the NMMC any money so demanded not with standing any dispute or
disputes raised by the Contractor (s) / Supplier (s) in any suit or proceeding pending before any Court or
Tribunal relating thereto our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for payment
there under and the Contractor (s) / Supplier (s) shall have no claim against us for making such payment.
6. We, ____________________________ further agree that the Guarantee herein
(indicate the name of Bank)
contained shall remain in full force and effect during the period that would be taken for the performance of
the said Agreement and that it shall continue to be enforceable till all the dues of the NMMC under or by
virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the City
Engineer of NMMC (indicate the name of Administrative Department ) certifies that the terms and conditions
of the said Agreement have been fully and properly carried out by the said Contractor (s) and accordingly of
the said Agreement have been fully and properly carried out by the said Contractor (s) and accordingly
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
88 -
Signature of Tenderer No. of Corrections Signature of City Engineer
88
discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or
before the ..................we shall be discharged from all liability under this guarantee thereafter.
7. We ......................................................... further agree with the NMMC that
(indicate the name of Bank)
the NMMC shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time to
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time
any of the powers exercisable by the NMMC against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating to the said agreement and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said Contractor (s) or for any forbearance, act
or commission on the part of the NMMC or any indulgence by the NMMC to the said Contractor (s) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision,
have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor (s) / Supplier (s).
8. We, ......................................................... lastly undertake not to revoke this
( indicate the name of bank)
guarantee during its currency except with the previous consent of the NMMC in writing.
Dated the .............. day of ............20
For ...................................................
(indicate the name of bank)
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
89 -
Signature of Tenderer No. of Corrections Signature of City Engineer
89
Annexure –2
UNDERTAKING (On a Rs. 100/- Stamp paper)
The information / documents submitted by us are true to our knowledge and if the information
/ documents so furnished shall be found to be untrue or false, the Tender shall be liable to be
disqualified and our Earnest Money accompanying Tender will be forfeited.
Also I/We aware that if the information / document found to be untrue or false during the
currency of Contract, our Contract liable to be terminated.
.................................................... I / We hereby declare that I / We have made myself / ourselves
thoroughly conversant with the sub-soil conditions regarding all materials (such as stone, murum, sand,
etc.) and labour of which I / We have based my / our rates for this Work. The specifications, conditions
bore results and lead of materials on this Work have been carefully studied and understood by me / us
before submitting this Tender. I / We undertake to use only the best materials approved by the, City
Engineer, N.M.M.C. or his duly authorised assistant, before starting the Work and to abide by his
decision.
I/ we agree that the amount of Earnest Money shall not bear interest and shall be liable to be
forfeited to the corporation, should I/we fail to (i) Abide by the stipulation to keep the offer
open for the period of 120 days from the date fixed for opening the same and thereafter until it
is withdrawn by me/ us by notice in writing duly addressed to the authority opening the
Tenders. (ii) Security Deposit as specified in Schedule ‘A’ and within the time limit laid down
in 24 of Detailed Tender Notice. The amount of earnest money may be adjusted towards the
security deposit or refunded to me /us if so desired by me/us in writing, unless the same or any
part thereof has been forfeit as aforesaid.
Should this Tender be accepted I/ we hereby agree to abide by and fulfill all the terms and
provisions of the conditions of contract annexed hereto so far as applicable and in default
thereof to forfeited and pay to NMMC the sums of money mentioned in the said conditions.
Demand draft No...............................Dated ...................... from the Nationalised/ Scheduled
Bank at........................................................... in respect of the sum of
*Rs................................................................... is herewith forwarded representing the Earnest
Money (a) the full value of which is to be absolutely forfeited to N.M.M.C. should I/ we not
deposit the full amount of security deposit specified in the Detailed Tender Notice.
Tenderer ........................................................................................
Address .........................................................................................
.........................................................................................
Date the .............................. day of ......................... 20 Signature of Tenderer
(witness) ........................................................................................ Signature of Witness
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
90 -
Signature of Tenderer No. of Corrections Signature of City Engineer
90
Address .........................................................................................
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 1 -
Signature of Tenderer No. of Corrections Signature of City Engineer
1
Annexure –3
Firm Details
1. Name of Firm and Class of Registration
with Validity date & value of Registration
2. Address for communication & Telephone
No.
E - mail
3. Details of Proprietor/Partaners/Director
Name Address Qualification and Experience
4. Annual Turnover
Certified copy of Audiated Balance Sheet
Profit / Loss statement attested
(Yes/No.)
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 2 -
Signature of Tenderer No. of Corrections Signature of City Engineer
2
Previous Financial year (Y-1)
2nd
Previous Financial year (Y-2)
3rd
Previous Financial year (Y-3)
5. Details of Black Listed & Litigation
6. Remarks
Signature of Proprietor or Authorised person of the Firm
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 3 -
Signature of Tenderer No. of Corrections Signature of City Engineer
3
Annexure –4
Details of Works of similar type and magnitude carried out by the Tenderer (last 3 years)
Name of the tenderer :
Sr.
No.
Name of
Work
Type of Work Name of
Department &
Address
Cost of Work Date of
starting
Stipulated date
of completion
Actual date of
completion
Remarks
1 2 3 4 5 6 7 8 9
1)
2)
3)
✳✳✳✳ Note: - The turnover amount should be certified and audited by CA of firm and separate sheet should be enclosed
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 4 -
Signature of Tenderer No. of Corrections Signature of City Engineer
4
Annexure –5
List of Work in Hand as on the date of submission of this Tender
Sr. No. Name of Work Name of Deptt. &
Adress
Work In Hand
Anticipated Date of
Completion
Remark
Tender Cost Cost of Remaining
Work
1. 2. 3. 4. 5. 6. 7.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 5 -
Signature of Tenderer No. of Corrections Signature of City Engineer
5
Annexure –6
List of Works tendered as on the date of submission of this Tender
Sr. No. Name of Work Name of Deptt.
& Adress
Works tendered for
Remark
Estimated Cost Date when
decisions
expected
Stipulated date of period of
completion
1. 2. 3. 4. 5. 6. 7.
Note : 25% to 50% estimated amount shall be consider based on stipulated period of completion
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 6 -
Signature of Tenderer No. of Corrections Signature of City Engineer
6
Annexure –7
List of relevant plant and machinery.
Sr.
No.
Name of equipment No. of units Kind and
make
Capacity Age &
Conditions
Present
Location
Remarks
1 2 3 4 5 6 7 8
A)
B)
Immediately available
Proposed to be procured for
the Work.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc 7 -
Signature of Tenderer No. of Corrections Signature of City Engineer
7
Annexure – 8
Details of Technical Personnel available with the Contractor
Name of the tenderer :
Sr.
No.
Name of Work Technical
Qualification
Whether Working
in field or in
office
Experience of
execution of similar
Works
Period for which
the person is
Working with the
tenderer
Remarks
1 2 3 4 5 6 7
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
8 -
Signature of Tenderer No. of Corrections Signature of City Engineer
8
ANNEXURE – 9
AFFIDAVIT
ON STAMP PAPER OF VALUE OF RS. 100/-
I/We hereby state that we are aware of the provisions of section 10(1) 10(f) & (g) of the BMPC Act. 1949
which is reproduced below, and solemnly state that we have no partnership or any share of the any Corporator
of any Corporation in our company and are not associated presently or in the past with any of the office
bearers of the Navi Mumbai Corporation either directly of Indirectly.
Extract of Sec 10 of BMPC Act:
10 (e) Subject to the Provision of section 13 and 404, a person shall be disqualified for being elected and
for being a counceller.
10 (f) Subject to the Provisions sub-section (2) has directly, by himself or his partner any share or interest
in any contract or employment with by or on behalf of the Corporation.”
10(g) “Having been elected a councilor is retained or employed in any professional capacity in
connection with any cause of proceeding in which by or on behalf of the Corporation.”
We are aware that the above information if found to be untrue or false, we are liable to be disqualified and the
Earnest Money accompanying the Tender shall stand forfeited to the Corporation. We are also aware that if
the information produced above if found to be untrue or false during the currency of the Contract. We shall be
held to default and the Contract, if any awarded to us, shall be liable to be terminated with all its
concurrences.
Tenderer ………………………………………
Address ……………………………………….
………………………………………
Date the …………….. day of ……………… 20 Signature of Tenderer
Witness ………………………………………
Address ………………………………………
………………………………………
Occupation ……………………………………… Signature of Witness
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
9 -
Signature of Tenderer No. of Corrections Signature of City Engineer
9
ACCOMPANIMENT TO THE GOVERNMENT RESOLUTION
PUBLIC WORKS DEPARTMENT NO. CAT/06/04/148, DATED : 16/05/2005
PRICE VARIATION CLAUSE
If during the operative period of the Contract as defined in condition (I) below, there shall
be any variation in the Consumer Price Index (New Series) for Industrial Workers for
Mumbai Center as per the Labour Gazette Published by the Commissioner of Labour,
Government of Maharashtra and/or in the whole-sale Price Index for all commodities
prepared by the office of Economic Advisor, Ministry of Industry, Government of India, or
in the price of petrol/ oil and lubricants and major construction materials like bitumen,
cement, steel, various types of metal pipes etc., then subject to the other conditions
mentioned below, price adjustment on account of
1) Labour component
2) Material Component
3) Petrol, Oil and Lubricants Component
4) Bitumen Component
5) HYSD & Mild Steel Component
6) Cement Component
7) C.I. and D.I. Pipes Component
Calculated as per the formula hereinafter appearing, shall be made. Apart from
these, no other adjustment shall be made to the contract price for any whatsoever.
Component percentage as given below are as the cost of work put to tender. Total of
Labour, Material & POL component shall be 100 and other component shall be as per
actuals.
Sr.NO. Item No. Labour
Component
(K1)
Material
Component
(K2)
Pol
Component
(K3)
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
10 -
Signature of Tenderer No. of Corrections Signature of City Engineer
10
1 For New Road Works 49% 47% 4%
2 For WBM Road 42% 49% 9%
3 For WBM & Asphalting
Road
27% 56% 7%
4 For Asphalting road
works
25% 61% 14%
5 For Drainage Works 41% 52% 7%
6 For Bridge works 39% 58% 3%
7 For Building works 27% 72% 1%
8 Concrete road works 63% 25% 12%
Bitumen Component Actual
HYSD & Mild Steel Component Actual
Cement Component Actual
C.I. and D.I. Pipe Component Actual
Note : If Cement, Steel, Bitumen, C.I. & D.I. Pipes are supplied on Schedule “A” then respective
component shall not be considered. Also if particular component is not relevant same shall be
deleted.
2. Formula for Labour Component :
−=
0
0111
10085.0
L
LLx
KPV
Where,
V1 = Amount of price variation in Rupees to be allowed for Labour Component.
P = Cost of work done during the quarter under Consideration Minus the cost of Cement,
HYSD and Mild Steel, Bitumen C.I. and D.I. Pipes calculated at the basic star rates as
applicable for the tender, consumed during the quarter under consideration.
The star rates shall be considered for the preparation of estimate or at the time of comparison
with new DSR.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
11 -
Signature of Tenderer No. of Corrections Signature of City Engineer
11
K1 = Percentage of Labour Component as indicated above.
L0 = Basic Consumer Price Index for Mumbai center shall be average consumer price
index for the quarter preceding the month in which the last date prescribed for receipt
of tender falls.
L1 = Average consumer price index for Mumbai centre for the quarter under consideration.
2. Formula for Material Component :
−=
0
0122
10085.0
M
MMx
KPV
Where,
V2 = Amount of price variation in Rupees to be allowed for Material Component
P = Same as worked out for Labour Component
K2 = Percentage of Material Component as indicated above.
M0 = Basic wholesale price index shall be average wholesale price index for the quarter
preceding the month in which the last date prescribed for receipt of tender falls.
M1 = Average wholesale price index during the quarter under consideration.
3. Formula for Petrol, Oil and Lubricant Component :
−=
0
013
10085.03
P
PPx
KPV
Where,
V2 = Amount of price variation in Rupees to be allowed for POL Component
P = Same as worked out for Petrol, Oil and Lubricant Component
K3 = Percentage of Petrol, Oil and Lubricant Component
P0 = Average price of HSD at Mumbai during the quarter preeding the month in which the
last date prescribed for receipt of tender falls.
P1 = Average price of HSD at Mumbai during the quarter under consideration.
4. Formula for Bitumen Component :
( )014 BBQV b −=
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
12 -
Signature of Tenderer No. of Corrections Signature of City Engineer
12
Where,
V4 = Amount of price variation in Rupees to be allowed for Bitumen Component.
Qb = Quantity of Bitumen (Grade) in metric tonnes used in the permanent works and
approved enabling works during the quarter under consideration.
B1 = Current Average ex-refinery price per metric tonne of Btumen (Grade…) under
consideration including taxes (Octroi, excise sale tax) during the quarter under
consideration.
B0 = Basic rate of Bitumen in Rupees per metric tonne as considered for working out value
of P or average ex-refinery price in rupees per metric tonne including taxes (Octroi,
excise, sales tax) of Bitumen for the grade of bitumen under consideration prevailing
quarter preceding the month in which the last date prescribed for receipt of tender
falls, whichever is higher.
5. Formula for HYSD and Mild Steel Component :
( )
TxSI
SISISV
0
0105
−=
Where,
V5 = Amount of price variation in Rupees to be allowed for HYSD / Mild Steel Component
S0 = Basic rate of HYSD / Mild Steel in Rupees per metric tonne as considered for working
out value of P
SI1 = Average steel index as per RBI Bulletin for the quarter under consideration
SI0 = Average of Steel Index as per RBI Bulletin for the quarter preceding the month in
which the last date prescribed for receipt of tender falls.
T = Tonnage of Steel used in the permanent works for the quarter under consideration.
6 Formula for Cement Component :
( )Tx
CI
CICICV
0
0106
−=
Where,
V6 = Amount of price escalation in Rupees to be allowed for cement component.
C0 = Basic Rate of cement in Rupees per metric tonne as considered for working out value
of P.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
13 -
Signature of Tenderer No. of Corrections Signature of City Engineer
13
CI1 = Average Cement Index published in the RBI Bulletin for the quarter under
consideration.
CI0 = Average of Cement Index published in the RBI Bulletin for the quarter proceeding the
month in which the last date prescribed for receipt of tender falls.
T = Tonnage of Cement used in the permanent works for the quarter under consideration.
7 Formula for C.I./D.I. Pipe Component :
( )017 DDQV d −=
Where,
V7 = Amount of price escalation in Rupees to be allowed for C.I./D.I. component.
D0 = Pig Iron basic price in Rupees per tonne during the quarter under consideration
(published by IISCO)
D1 = Average Pig Iron Price in Rupees per tonne during the quarter under consideration
(published by IISCO).
Qd = Tonnage of C.I./D.I Pipes used in the works during the quarter under consideration.
The following conditions shall prevail :
(vi) The operative period of the Contract shall mean the period commencing from the date of
work order issued to the Contractor and ending on the date on which the time allowed for the
completion of the works specified in the Contract for work expires, taking into consideration
the extension of time, if any, for the completion of the work granted by The Engineer under
the relevant clause of the Conditions of Contract in cases other than those where such
extension is necessitated on account of default of the Contractor. The decision of the
Engineer as regards the operative period of the Contract shall be final and binding on the
Contractor. Where any compensation for liquidated damages is levied on the Contractor on
account of delay in completion or inadequate progress under the relevant contract provisions,
for the balance of work from the day of levy of such compensation price adjustment amount
shall be worked out by pegging the indices, L,M,C,P,B,SI and CI to the levels corresponding
to the date from which such compensation is levied.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
14 -
Signature of Tenderer No. of Corrections Signature of City Engineer
14
(vii) This price variation clause shall be applicable to all contracts in B1/B2 & C form but shall not
apply to piece works. The price variation shall be determined during each quarter as per
formula given above in this clause.
(viii) The price variation under this clause shall not be payable for the extra item required to be
executed during the completion of the work and also on the excess quantities of items
payable under the provision of Clause 38/37 of the contractor from B1/B2 resp. since the
rates payable for the extra items / or the extra quantities under clauses are to be fixed as per
current DSR or as mutually agreed to yearly revision till completion of such work. In other
words, when the completion / execution of extra items as well as extra quantities under
clauses 38/37 of the contract from B1/B2 extends beyond the operative date of the DSR then
rates payable for the same beyond the date shall be revised with reference to the current
DSR prevalent at that time on year to year basis or revised in accordance with mutual
agreement thereon, as provided for in the Contract, whichever is less.
(ix) This clause is operative both ways, i.e. if the price variation as calculated above is on the
plus side, payment on account of the price variation shall be allowed to the Contractor & if it
is on the negative side, the Government shall be entitled to recover the same from the
Contractor and the amount shall be deductible from any amounts due and payable under the
contract.
(x) To the extent that full compensation for any rise or fall in costs to the Contractor is not
entirely covered by the provision of this or other clauses in the contract, the unit rate and
prices included in the contract shall be deemed to include amounts to cover the contingency
of such other actual rise or fall in costs.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
15 -
Signature of Tenderer No. of Corrections Signature of City Engineer
15
ADDITIONAL SPECIFICATIONS
The specifications generally conform to MORT & H specifications for Road and Bridge works 4th Revision
2001.
1. Granular Sub-Base (GSB)
The gradation for the GSB(Grade II) material is as follows:
IS Sieve Designation Per cent by weight passing the IS Sieve
75.0 mm --
53.0 mm 100
26.5 mm 70-100
9.50 mm 50-80
4.75 mm 40-65
2.36 mm 30-50
0.425 mm 15-25
0.075 mm 3-10
CBR Value (Minimum) 25
Note : The material passing 425 micron (0.425mm) sieve when tested according to IS:2720 (Part 5 )
shall have liquid limit and plasticity index not more than 25 and 6 per cent respectively.
The tests to be conducted with frequency is given below:
Test Frequency (min.)
(i) Gradation One test per 200 m3
(ii) Atterberg limits One test per 200 m3
(iii) Moisture content prior to compaction
One test per 250 m3
(iv) Density of compacted layer One test per 500 m2
(v) Deleterious constituents As Required
(vi) C.B.R. As Required
2. Wet Mix Macadam (WMM)
The physical requirement of coarse aggregate for WMM is as follows:
Test Test Method Requirements
1. *Los Angeles Abrasion value or
*Aggregate impact value
IS:2386 (Part-4)
IS:2386 (Part-4)or
IS:5640
40 per cent (max.)
30 per cent (Max)
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
16 -
Signature of Tenderer No. of Corrections Signature of City Engineer
16
2. Combined Flakiness and Elongation
indices (Total)
IS: 2386 (Part-1) 30 per cent (Max)**
* Aggregate may satisfy requirements of either of two tests.
** To determine this combined proportion, the flaky stone from a representative sample should first be
separated out. Flakiness index is weight of flaky stone metal divided by weight of stone sample. Only
the elongated particles be separated out from the remaining (non-flaky) stone metal. Elongation index
is weight of elongated particles divided by total non-flaky particles. The value of flakiness index and
elongation index so found are added up.
If the water absorption value of the coarse aggregate is greater than 2 per cent, the soundness test
shall be carried out on the material delivered to site as per IS:2386 (Part-5).
The grading requirement is as follows:
IS Sieve Designation Per cent by weight passing the IS sieve.
53.00 mm 100
45.00 mm 95-100
26.50 mm ____
22.40 mm 60-80
11.20 mm 40-60
4.75 mm 25-40
2.36 mm 15-30
600.00 micron 8-22
75.00 micron 0-8
Materials finer than 425 micron shall have Plasticity Index (PI) not exceeding 6.
The test to be conducted with their frequency is given below:
Test Frequency
(i) Aggregate Impact One test per 200 m3 of aggregate
(ii) Grading One test per 100 m3 of aggregate
(iii) Flakiness and Elongation Index One test per 200 m3 of aggregate
(iv) Atterberg limits of portion of aggregate passing 425 micron sieve
One test per 100 m3 of aggregate
(v) Density of compacted layer One test per 500 m2
3. DRY LEAN CONCRETE
The aggregate gradation for dry lean concrete is as follows:
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
17 -
Signature of Tenderer No. of Corrections Signature of City Engineer
17
Sieve Designation Percentage passing sieve by weight
26.50 mm 100
19.00 mm 80-100
9.50 mm 55-75
4.75 mm 35-60
600.00 micron 10-35
75.00 micron 0-8
4. Pavement Quality Concrete (PQC)
Quality Control Tests for materials and concrete shall be as under:
1. Cement Physical & Chemical tests
IS:269
IS:455
IS:1489
IS:8112
IS:12269
Once for each source of supply and occasionally when called for in case of long/improper storage. Besides, the Contractor also will submit daily test data on cement released by the Manufacturer.
2. Coarse and Fine aggregates
(i) Gradation IS:2386
(Pt.1)
One test for every day’s work of each fraction of coarse aggregate and fine aggregate, initially; may be relaxed later at the discretion of the Engineer.
(ii) Deleterious
constituent
IS:2386
(Pt.2)
---do---
(iii) Water
absorption
IS:2386
(Pt.3)
Regularly as required subject to a minimum of one test a day for coarse aggregate & two tests a day for fine aggregate. This data shall be used for correcting the water demand of the mix on daily basis.
3. Coarse Aggregate
i) Los Angles Abrasion value or Aggregate Impact test
ii) Soundness
IS : 2386 (Pl. 4)
IS : 2386 (Pt.5)
Once for each source of supply and subsequently on monthly basis.
Before approving the aggregate and every month subsequently.
iii) Alkali aggregate reactivity
IS : 2386 (Pt. 7)
- do -
4. Water Chemical Tests IS : 456 Once for approval of source of supply, subsequently only in case of doubt.
5. Concrete (i) Strength of concrete
IS : 516 2 cubes and 2 beams per 150 m3 or part thereof (one for 7 day and other for 28 day strength) or minimum 6 cubes and 6 beams per day’s work whichever is more.
(ii) Core strength on hardened concrete
IS : 516 As per the requirement of the Engineer; only in case of doubt.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
18 -
Signature of Tenderer No. of Corrections Signature of City Engineer
18
(iii) Workability of fresh concrete-slump-Test
IS:1199 One test per each dumper load at both Batching plant site and paving site initially when work starts. Subsequently sampling may be done from alternate dumper.
(iv) Thickness determination
From the level data of concrete pavement surface and sub-base at grid points of 5/ 6.25 m x 3.5 m
(v) Thickness measurement for trial length
3 cores per trial length.
(vi) Verification of level of string line in the case of slip form paving and steel forms in the case of fixed form paving
String line or steel forms shall be checked for level at an interval of 5.0 m or 6.25 m. The level tolerance allowed shall be ± 2mm. These shall be got approved 1-2 hours before the commencement of the concreting activity.
5. BITUMINOUS MACADAM (BM)
The physical requirements for coarse aggregate are as under :
Property Test Specification
Cleanliness Grain size analysis’ Max 5% passing 0.075 mm sieve
Particle shape Flakiness and Elongation Index
(Combined)2
Max 30%
Strength * Los Angles Abrasion Value3
Aggregate Impact Value3
Max 40%
Max 30%
Durability Soundness4
Sodiumium Sulphate
Max 12%
Magnesium Sulphate Max 18%
Water Absorption Water absorption5 Ma 2%
Stripping Coating and stripping of Bitumen
Aggregate Mixtures6
Minimum retained coating
95%
Water Sensivity7 Retained Tensile strength Min 80%
Notes : 1
IS :2386 Part I
4. IS : 2386 Part 5
2 IS:2386 Part I 5. IS :2386 Part 3
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
19 -
Signature of Tenderer No. of Corrections Signature of City Engineer
19
(the elongation test to be done only on non-flaky aggregates in the sample)
3. IS: 2386 Part 4* 6. IS :6241
7. The water sensitivity test is only to be carried out if the minimum retained
coating in the stripping test is less than 95%.
* Aggregate may satisfy requirements of either of these tests. The aggregate grading required is given below :
IS Sieve (mm) Cumulative % by weight of total aggregates passing.
26.5 100
19 90-100
13.2 56-88
4.75 16-36
2.36 4-19
0.3 2-10
0.075 0-8
Bitumen content, % by weight of total mixture1
3.3 – 3.5
Bitumen grade 35 to 90
Notes : 1 Appropriate bitumen contents for condition in cooler areas of India
may be up to 0.5% higher subject to the approval of the Engineer.
Sl. Test Frequency (Min)
(i) Quality of binder Number of samples per lot and tests as per IS 73, IS :
217 and IS :8887 as applicable
(ii) Aggregate Impact value
/Los Angeles
Abrasion Value
One test per 50m3 of Aggregate
(iii) Flakiness Index and
Elongation Index
One test per 50m3 of Aggregate
(iv) Stripping Value Initially one set of 3 representative specimens for
each source of supply; subsequently when warranted
by changes in the quality of aggregates.
(v) Water Sensitivity of mix Initially one set of 3 representative specimens for
each source of supply subsequently when warranted
by changes in the quality of aggregates. (If required)
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
20 -
Signature of Tenderer No. of Corrections Signature of City Engineer
20
(vi) Grading of aggregates
Two test per day per plant both on the individual
constituents and mixed aggregates from the dryer.
(vii) Water absorption of
aggregates
Initially one set of 3 representative specimens for
each source of supply subsequently when warranted
by changes in the quality of aggregates.
(viii) Soundness (magnesium
and sodium sulphate)
Initially one determination by each method for each
source of supply, then as warranted by change in the
quality of aggregates.
(ix) Percentage of fractured
faces
When gravel is used, one test per 50m3 of
aggregates.
(x) Binder content and
aggregate grading
Periodic, subject to minimum of two tests per day per
plant.
(xi) Control of temperature of
binder and aggregate for
mixing and of the mix at the
time of laying and rolling
At regular close intervals.
(xii) Rate of spread of mixed
materials
Regular control through checks of layer thickness
(xiii) Density of compacted layer One test per 250 m2 of area.
6. Bituminous Concrete
The course aggregates shall satisfy the following physical requirements.
Property Test Specification
Cleanliness (dust) Grain size analysis1 Max 5% passing
0.075 mm sieve
Particle shape Flakiness and Elongation Index Max 30% (Combined)2
Strength * Los Angeles Abrasion Value3
Aggregate Impact Value
Max 30%
Max 24%
Polishing
Durability
Polished Stone Value5
Soundness6
Sodium Sulphate
Magnesium Sulphate
Min 55
Max 12%
Max 18%
Water Absorption Water Absorption7 Max 2%
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
21 -
Signature of Tenderer No. of Corrections Signature of City Engineer
21
Stripping Coating and stripping of
Bitumen Aggregate Mixtures9
Minimum retained
Coating 95%
Water Sensitivity** Retained Tensile Strength8 Min 80%
Notes : 1. IS : 2386 Part 1 6. IS : 2386 Part 5
2. IS : 2386 Part 1 7. IS : 2386 Part 3
(the elongation test to be done only on non-flaky aggregates in the sample)
3. IS : 2386 Part 4 * 8. AASHTO T283 **
4. IS : 2386 Part 4 * 9. IS : 6241
5. BS : 812 Part 114
* Aggregates may satisfy requirements of either of these two tests.
** The water sensitivity test is only required if the minimum retained coating in the stripping test is less
than 95%.
The aggregates shall conform to the grading given below :
IS Sieve1 (mm) Cumulative Per cent by weight of total aggregate passing
19 100
13.2 79-100
9.5 70-88
4.75 53-71
2.36 42-58
1.18 34-48
0.6 26-38
0.3 18-28
0.15 12-20
0.075 4-10
Bitumen content % by
Mass of total mix2
5.0-7.0
Bitumen grade (pen) 65
Notes : 1. The combined aggregate grading shall not vary from the low limit on one sieve to the high limit on the adjacent sieve.
2. Determined by the Marshall method. The mix design shall satisfy the following requirements.
Minimum stability (kN at 60°C)
Minimum flow (mm)
Maximum flow (mm)
9.0
2
4
Compaction level (Number of blows)
75 blows on each of the two
faces of the specimen
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
22 -
Signature of Tenderer No. of Corrections Signature of City Engineer
22
Per cent air voids 3-6
Per cent voids in mineral aggregate (VMA) See Table 500-12 of MORT&H
Per cent voids filled with bitumen (VFB) 65-75
Loss of stability on immersion in water at 60°C
(ASTM D 1075)
Min. 75 per cent
Retained strength
The frequency of quality control tests is as under :
(i) Quality of binder Number of samples per lot and tests as per
IS 73, IS : 217 and IS :8887 as applicable
(ii) Aggregate Impact One test per 50m3 of Aggregate
(iii) Flakiness Index and Elongation Index One test per 50m3 of Aggregate
(iv) Stripping Value Initially one set of 3 representative
specimens for each source of supply
subsequently when warranted by changes
in the quality of aggregates
(v) Soundness (Magnesium and Sodium
Sulphate)
Initially one determination by each method
for each source of supply, then as
warranted by change in the quality of
aggregates
(vi) Water absorption of aggregates Initially one set of 3 representative
specimens for each source of supply
subsequently when warranted by changes
in the quality of aggregates.
(vii) Sand equivalent test As required
(viii) Plasticity Index As required
(ix) Polished stone value As required
(x) Percentage of fractured faces When gravel is used, one test per 50m3 of
aggregates
(xi) Mix grading One set of tests on individual constituents
and mixed aggregate from the dryer for
each 400 tonnes of mix subject to a
minimum of two tests per plant per day.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
23 -
Signature of Tenderer No. of Corrections Signature of City Engineer
23
(xii) Stability of Mix
For each 400 tonnes of mix produced, a set
of 3 Marshall specimens to be prepared
and tested for stability, flow value, density
and void content subject to a minimum of
two sets being tested per plant per day.
(xiii) Water sensitivity of mix
(Retained Tensile Strength)
Initially one set of 3 representative
specimens for each source of supply
subsequently when warranted by changes
in the quality of aggregates. (If required)
(xiv) Swell test on the mix As required
(xv) Control of temperature of binder in
boiler, aggregate in the dryer and mix
at the time of laying and rolling
At regular close intervals.
(xvi) Control of binder content and grading
of the mix
One test for each 400 tonnes of mix subject
to a minimum of two tests per day per
plant.
(xvii) Rate of spread of mixed material Regular control through checks on the
weight of mixed material and layer
thickness
(xviii) Density of compacted layer One test per 250 m2 area.
7. Bituminous Bound Macadam
1) General
The work consists of supply of materials and labor required for providing and laying bituminous bound
macadam surface for compacted thickness of 50/75 mm. This item includes preparing existing road
surface to receive the bituminous bound macadam course i.e. picking the existing picking the existing
W.B.M surface or application of tack coat on existing B.T. surface spreading of 40 mm size metal
layer in required thickness with compaction with power roller heating and spraying between with
sprayer etc. spreading key aggregates 12 mm chips and compact with power roller etc. complete and
finishing in accordance with the requirement in close conformity with grades lines sections and
thickness as per approved drawings etc. complete.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
24 -
Signature of Tenderer No. of Corrections Signature of City Engineer
24
2) Diversions
Temporary diversion shall be constructed and maintained by the contractor at his own cost. Diversion
shall be watered as dust is likely to blow on to the road being biluminized.
3) Materials
A) Aggregates The aggregates for providing B.B.M. surface shall comply with specification Nos. Rd-41 for 40 mm
and 12 mm size metal which shall normally comply with the following regarding size and quantity of
bitumen
Description
Rate of application 100 sq. m. 75 mm 50 mm
On asphalt Surface
On W. B. M. Surface
On asphalt Surface
On W. B. M Surface
a) 40 mm size hand broken metal
9.00cum 9.00cum 6.00cum 6.00cum
b) 12 mm size chips
1.8 cum 1.8 cum 1.8 cum 1.8 cum
c) Bitumen for grouting I. S. Grade S 35 with 30/40 penetration or S 65 with 60 /70 penetration
200 Kg.
200Kg.
175 Kg.
175 Kg.
d) Tack coat for existing bituminous surface
50 Kg. 50Kg.
Note: hand broken is preferred. However up to 30% of total quantity of 40 mm size crusher broken metal can
be used.
B) Bitumen.
The bitumen shall be paving bitumen of suitable penetration grade within the range S 35 to S65 or A
65(30/40 TO 65/70) as per Indian Standard for “paving Bitumen” IS;73-1992
Preparing the base :
Any pothole in the existing bituminous road surface and broken edges shall be patched well in
advance and the surface shall be brought to correct level and camber with additional metal and
bitumen as required which will be paid separately. Before starting the work the bituminous surface
shall be swept clean of all the dirt, mud cakes, animal droppings other loose foreign material.
If so required by the Engineer, the contractor shall keep the side width & nearby diversion watered to
prevent dust from blowing over the surface to be bituminized.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
25 -
Signature of Tenderer No. of Corrections Signature of City Engineer
25
Existing water bound macadam surface shall be picked for and surface loosened for a depth of 5 cm,
and the picked surface shall be brought approximately to the correct camber and section. Edge line
shall be correctly marked by dog belling the surface to form a continuous vee notch.
There shall always be sufficient length of prepared surface ahead of the bituminous surfacing
operations as directed by the Engineer to keep this operation continuous.
4) Spreading and Compaction.
4.1 Spreading of 40 mm metal.
40 m size metal shall be spread evenly at the specified rate of 9 cubic merre/6 cubic meter per 100 square
meter of area so as to form a level over the which correct camber/ super elevation as required. Any foreign
matter, organic matter, dust, grass etc. shall be removed immediately. The sections shall be checked with
camber board and straight edge batten etc. Any irregularities shall be made good by adding aggregates in
case of depression and removing aggregates from high spots.
4.2 Compaction of 40 mm size metal.
The surface of 40 mm metal layer after bringing it to necessary grades and sections shall be rolled
with the use of 8 to 10 tones power roller. Rolling shall commence from the edges and progress
towards center longitudinally except on super elevated portion where it shall progress from the lower
to upper edge parallel to the center line of pavement. When the roller had passed over the whole area
any high spots or depressions which become apparent shall be corrected by removing or adding
aggregates. The rolling shall then be continued till the entire surface has been rolled to desired
compaction such that there is no erasing of aggregates and all roller marks have been eliminated.
Each pass of roller shall uniformly overlap not less than one third of the track made in the preceding
pass.
5) Application of Bitumen.
Bitumen of I. S. grade S. 35 or S 65 supplied for the work shall be heated to temperature of 177
Celsius to 191 Celsius (350 to 375 F) in a bitumen boiler and temperature shall be maintained at the
time of actual application. The hot bitumen shall be applied through a pressure sprayer on the road
surface uniformly at the rate of 200 Kg / 100 Sq.mt. Or 175 Kg. /100 sq.mt . The road surface shall be
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
26 -
Signature of Tenderer No. of Corrections Signature of City Engineer
26
divided into suitable rectangles marked by chalk so as to ensure correct rate of application of the
bitumen.
6) Key Aggregates.
On completion of bitumen application, 12 mm size key aggregate shall be spread immediately at a
uniform rate of 1.8 cubic meter / 1.2 cubic meter per 100 square meter of area when entire surface is
in hot condition. Brooms shall be used to ensure even distribution of key aggregate.
7) Final compaction.
Immediately after spraying of bitumen and spreading of key aggregates, the surface shall be rolled
with a power roller to obtain full compaction and to force the blindage of key aggregates into the
interstices of the coarse aggregate. The rolling shall continue till the asphalt surface hardens and key
aggregates stop moving under power roller.
8) Surface finish and quality control.
Sr. No. Test Frequency
1
Quality of binder.
Two samples per lot subject to all or some
tests as directed by the Engineer.
2 Aggregate Impact Value One test per 200 cubic meter of aggregate.
3 Flakiness Index and
Elongation Index
One test per 200 cubic meter of aggregate.
4 Stripping value.
Initially one set of three representative
specimens for each source of supply;
subsequently when warranted by changes
in the quality of aggregate.
5 Water absorption of
aggregates
Initially one set of three representative
specimens for each source of supply
subsequently when warranted by changes
in the quality of aggregates.
6 Aggregate grading One test per 100 cubic meter of aggregate.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
27 -
Signature of Tenderer No. of Corrections Signature of City Engineer
27
The surface finish shall conform to requirements of clause 902 of specification for Road and Bridge
by Ministry of Road Transport and Highways Quality Control Test and their frequencies shall be as
per table below:
9) Item to include.
1) Diversion unless separately provided in the Tender.
2) Preparing the road surface.
3) Applying tack coat on existing B. T. or picking the existing WBM surface.
4) Supplying spreading and compaction of 40mm and 20 mm size aggregates.
5) Supplying, heating and spraying bitumen.
6) Supplying spreading and compaction of 12 mm size chips.
7) All labour, materials, including bitumen and aggregates, use of tools, plant and equipment for
completing the item satisfactorily.
10) Mode of measurement.
The contract rates shall be for 100 Sq. mt. The measurement shall be for the width of the road as
ordered by the Engineer and the length measured along the center line.
The measurement of dimensions shall be recorded correct upto two places of decimals of meter and
the area worked out correct upto one place of decimal of a Sq. ml.
Extract from Specifications for Road and Bridge Works by M.O.R.T. & H.
902 Control of alignment, level, and surface regularity.
902.1 General.
All works performed shall conform to the lines, grades, cross-section and dimensions shown on the
drawings or as directed by the Engineer, subject to the permitted tolerances described hereinafter.
7 Temperature of binder at
application.
At regular close intervals.
8 Rate of spread of binder. One test per 500 square metre of area.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
28 -
Signature of Tenderer No. of Corrections Signature of City Engineer
28
902.2 Horizontal alignment
Horizontal alignment shall be reckoned with respect to the center line of the carriageway as shown on
the drawings. The edges of the carriageway as constructed shall be correct within a tolerance of ± 10
mm there fro. The corresponding tolerance for edge of the roadway and lower layers of pavement
shall be ± 25 mm.
902.3 Surface Levels.
The levels of the sub- grade and different pavement courses as constructed, shall not vary from those
calculated with reference to the longitudinal and cross profile of the road shown on the drawings or as
directed by the Engineer beyond the tolerance ± 0.6 mm. Provided, however, that the negative
tolerance for wearing course shall not be permitted in conjunction with the positive tolerance for base
course, if the thickness of the former is there by reduced by more than 6 mm for flexible pavements
and 5 mm for concrete pavements.
For checking compliance with the above requirement for sub-grade, sub base and base course,
measurements of the surface levels shall be taken on a grid of points placed at 6.25 m. longitudinally
and 3.5 m. transversely. For any 10 consecutive measurements taken longitudinally or transversely,
not more then one measurement shall be permitted to exceed the tolerance as above, this one
measurement being not in excess of 5 mm above the permitted tolerance.
For checking the compliance with the above requirement for bituminous wearing courses and
concrete pavements, measurements of the surface level shall be taken on a grid of points spaced at
6.25 m along the length and at 0.5 m from the edges and at the center of the pavement. In any
length of pavement, compliance shall be deemed to be met for the final road surface, only if the
tolerance given above is satisfied for any point on the surface.
902.4 Surface Regularity of pavement courses
The longitudinal profile shall be checked with a 3 meter long straight edge / moving straight – edge as
desired by the Engineer at the middle of each traffic lane along a line parallel to the center line of the
road. The maximum permitted number of surface irregularities shall be as per table below:
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
29 -
Signature of Tenderer No. of Corrections Signature of City Engineer
29
Maximum permitted number of surface irregularities.
Irregularity
Surface of carriageways and paved shoulders
Surfaces of laybys, services areas and all bituminous
base course.
4 mm 7 mm 4 mm 7 mm
Length (m) 300 45 300 75 300 75 300 75
National Highways /Express ways*
20 9 2 1 40 18 4 2
Roads of lower Category
40 18 4 2 60 27 6 3
* Category of each section of road as described in the contract
The maximum allowable difference between the road surface and underside of a 3m straight edge when
placed parallel with, or at right angles to the center line of the road at points decided by the Engineer shall
be:
For pavement surface (bituminous and cement concrete) 3 mm
For bituminous base courses 6 mm
For granular Sub-base course 8 mm
For sub-base under concrete pavement 10mm
902.5 Rectification.
Where the surface regularity of sub-grade and the various pavement courses fall outside the specified
tolerances, the contractor shall be liable to rectify these in the manner described below and to the
satisfaction of the Engineer.
Bituminous Construction: For bituminous construction other than wearing course, where the
surface is low, the deficiency shall be corrected by adding fresh material over a suitable tack coat if
needed and recompacting to satisfaction. Where the surface is high, the full depth of the layer shall
be removed and replaced with the fresh material and compacted to specifications.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
30 -
Signature of Tenderer No. of Corrections Signature of City Engineer
30
GENERAL CONDITIONS OF CONTRACT
PART - I
INTERPRETATIONS AND DEFINITIONS
1 Singular and
Plura l .
Where the context so requires , words import ing the
s ingular shal l a lso mean the plura l and vice versa.
2 . Gender Words import ing the masculine gender shall a lso
inc lude the feminine gender.
3 . Definit ions (v) ‘Corpora t ion’ shal l mean Navi Mumbai
Munic ipa l Corporation as incorpora ted under
the BPMC Act, 1949.
(w) The ‘Munic ipa l Commissioner’ sha l l mean the
Munic ipa l Commissioner of the Corpora t ion,
for the t ime being holding tha t off ice and a lso
his successor and shall inc lude any of f icer
authorized by him.
(x) The ‘Engineer’ shal l mean the Ci ty Engineer
appointed for the t ime being or any other
of f icer or off icers of the Corpora t ion who may
be authorized by the Commissioner to carry out
the functions of the Engineer .
(y) ‘Engineer’s Representa tive’ sha l l mean
Executive Engineer/ Deputy Engineer/ Sectional
Engineer /Junior Engineer or any other
munic ipa l employee or employees appointed
f rom time to t ime by the ‘Engineer’ to perform
the dut ies se t for th in Clause No.66 hereof and
genera l ly to ass is t the Engineer for the purpose
of the contrac t and whose authori ty shal l be
not i f ied in wri t ing to the contrac tor by the
Engineer .
(z) The ‘Contrac t ’ sha l l mean the tender and
acceptance thereof and the formal agreement
i f any, executed between the Contrac tor , and
the Corpora t ion together wi th the documents
referred to there in inc luding these condi t ions
and appendices and any specia l condi t ions , the
specif ica t ions, designs , drawings, pr ice
schedules, b i l ls of quant i t ies and schedule of
ra tes. All these documents taken together sha ll
be deemed to form one Contrac t and shal l be
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
31 -
Signature of Tenderer No. of Corrections Signature of City Engineer
31
complementary to one another.
The order of precedence in case of discrepancies shal l
be as under,
10. Contract Agreements .
11. The let te r of Acceptance.
12. Notice invi t ing Tender & Inst ruc t ions to
Tenderer.
13. Special Condi t ions of Contrac t .
14. The Genera l Condi t ions of Contrac t .
15. Schedule of Rates & Quant i t ies.
16. The Technica l specif ica tions.
17. The Drawings
18. Schedules & Annexures .
(aa) The ‘Contrac tor’ sha l l mean the individual or
f i rm or company whether incorpora ted or not ,
undertaking the Works and shal l inc lude legal
representa tives of such individual or persons
composing such f i rm or unincorpora ted
company or successors of such f i rm or company
as the case may be and permit ted ass igns of
such individual or f irm or company.
(bb) ‘Contrac t sum’ means the sum named in
the le t te r of acceptance inc luding physica l
cont ingencies subject to such addi t ion
there to or deduction there-f rom as may be made
under the provis ions here inafter contained.
Note : The contrac t sum shal l inc lude the fol lowing : -
1 . (a ) In the case of percentage ra te contrac ts, the
es t imated va lue of Works as ment ioned in the tender
adjusted by the Contrac tor ' s percentage.
(b) In the case of i tem ra te contrac ts, the cost of the
Work arr ived a t a f ter extension of the quant i t ies
shown in schedule of i tems/ quant i t ies by the i tem
ra tes quoted by the tenderer for various i tems and
summation of the extended cost of each i tem.
(c ) In case of lump sum contrac t , the sum for which
tender is accepted.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
32 -
Signature of Tenderer No. of Corrections Signature of City Engineer
32
2. Special discount / Rebate/ Trade discount offered by
the tenderer if any and accepted by the
Corpora tion.
3 . Addi t ions or de let ions that a re accepted af ter
opening of the tenders.
4 . Physica l cont ingencies, i f any an accepted by the
Corpora tion.
(cc) ‘Excepted r isks’ a re r isks due to r iots
(otherwise than among Contrac tors’ employees)
and c ivi l commotion ( in so far as both these are
uninsurable), war (whether dec lared or not) ,
invasion, act of foreign enemies, host i l i t ies,
c ivi l war, rebell ion, revolut ion, insurrec t ion,
mil i ta ry or usurped power, any ac t of
government , damage f rom aircraf t , ac ts of god,
such as ear thquake, l ightning and
unprecedented f loods and other causes over
which the Contrac tor has no control and
accepted as such by the Commissioner .
(dd) The ‘Si te’ mean the land and other
places, more specif ica lly ment ioned in the
specia l condi t ions of the tender, on, under , in
or through which the Works or temporary
Works are to be executed and any other lands
and places provided by the Corpora t ion for
working space or any other purpose as may be
specif ica l ly designated in the contrac t as
forming part of the s i te .
(ee) ‘Urgent Works’ sha l l mean any measures which
in the opinion of the Engineer become
necessary during the progress of the Work to
obvia te any r isk of acc ident or fa i lure or which
become necessary for securi ty.
( f f ) The ‘Works’ shall mean the tasks to be
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
33 -
Signature of Tenderer No. of Corrections Signature of City Engineer
33
executed in accordance with the contrac t or
part (s) thereof , as the case may be, and shall
inc lude a l l extra or addi t ional , a l te red or
subst i tuted Works as required for performance
of the contrac t .
(gg) ‘Construc t ion Plant’ sha l l mean a l l
appl iances or things of whatever na ture
required in or about the execut ion, comple t ion
or maintenance of the Works or temporary
Works (as here in af ter defined) but sha l l not
inc lude materia ls or other things intended to
form or forming part of the Works.
(hh) ‘Temporary Works’ sha l l mean a l l
temporary tasks of every kind required in or
about execut ion, comple t ion or maintenance of
the Work.
( i i ) ‘Drawing’ shal l mean the drawings referred to
in the specif icat ion and any modif icat ion
of such drawings approved in wri t ing by the
Engineer and such drawings as may f rom t ime
to t ime be furnished or approved in wri t ing by
the Engineer.
( j j ) ‘Approved’ shal l mean approved in wri t ing
inc luding subsequent conf i rmat ion of previous
verbal approval and “Approval” shal l mean
approval in wri t ing inc luding as aforesaid.
(kk) ‘Specif ica t ion’ means the specif ica tion
referred to in the tender and any modif icat ion
thereof or addi t ion or deduction there to as may
f rom t ime to t ime be furnished or approved in
wri t ing by the Engineer.
( l l ) “Tender” means the Contractor’s pr iced of fer to
the Corpora t ion for the execut ion and
comple t ion of the Works and the remedying of
any defec ts there in in accordance with the
provis ion of the Contrac t , as accepted by the
Let ter of Acceptance.
(mm) ‘Let ter of Acceptance’ means the formal
acceptance by the Corpora t ion.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
34 -
Signature of Tenderer No. of Corrections Signature of City Engineer
34
(nn) ‘Commencement Date’ means the da te
upon which the Contrac tor receives the not ice
to commence the work issued by the Engineer
pursuant to Clause 80.
(oo) ‘Time for Complet ion’ means the t ime for
comple t ing the execut ion of and passing the
Tests on Comple t ion of the Works or any
Sect ion or part thereof as sta ted in the Contract
(or as extended under Clause 83 calcula ted
f rom the Commencement Date.
(pp) The ‘Annexure’ referred to in these
condi t ions shal l means the re levant annexure
appended to the tender papers issued by the
Corpora t ion.
PART – II
INSTRUCTIONS TO CONTRACTOR
Scope of
Work
The Work to be carr ied out under the Contrac t sha l l , except
as otherwise provided in these condi t ions , inc lude al l labour,
mater ia ls , tools, p lant , equipment and t ransport which may
be required in prepara t ion of and for and in the ful l and
ent i re Execut ion and comple t ion of the Works.
The descript ions given in the schedule of Works / i tems /
quant i t ies, and the Bi l ls of Quanti t ies sha l l , unless otherwise
s ta ted, be he ld to inc lude waste on materia ls , carr iage and
cartage , carrying in , return of empties, hois t ing, set t ing,
f i t t ing and f ixing in posi t ion and a l l other labour necessary
in and for the ful l and ent i re execution and comple tion as
aforesaid in accordance with good pract ice and recognized
princ iples.
Corrupt or
Fraudulent
Prac t ices
The Corpora t ion requires that the bidders /suppl iers /
contrac tors under this tender observe the highest s tandards of
e thics during the procurement and execut ion of such
contrac ts. In pursuance of this pol icy, the Corpora t ion
defines for the purposes of this provis ion, the te rms set for th
as fol lows:
a )“corrupt prac tice” means the of fer ing, giving, receiving or
sol ic i t ing of any thing of va lue to inf luence the act ion of the
publ ic off ic ia l in the procurement process or in contrac t
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
35 -
Signature of Tenderer No. of Corrections Signature of City Engineer
35
execut ion; and
b)“f raudulent prac tice” means a misrepresenta tion of fac ts in
order to inf luence a procurement process or a execution of a
contrac t to the de tr iment of the Corporat ion, and inc ludes
col lus ive prac t ice among bidders (pr ior to or a f te r bid
submission) designed to es tabl ish bid prices a t a r t if ic ial non-
compet i t ive levels and to deprive the Corpora t ion of the
benef i ts of the f ree and open compet i t ion;
The Corpora t ion will rejec t a proposal for award i f i t
de termines tha t the Bidder recommended for award has
engaged in corrupt or f raudulent prac t ices in compet ing for
the contrac t in question; The Corpora tion wil l a f i rm
ine l igible, e i ther indefini te ly or for a s ta ted period of t ime,
to be awarded a contrac t i f i t a t any t ime determines tha t the
f i rm has engaged in corrupt and f raudulent prac tices in
compet ing for , or in execut ing, a contrac t .
Int imat ion to
Successful
Tenderers
The acceptance of tender may be communicated to the
Successful Tenderer in wri t ing or otherwise ei ther by the
tender opening authori ty or any authori ty in the Corporat ion.
Securi ty
Deposi t
The Contrac tor sha l l pay a securi ty deposi t equal to f ive
percent of the contrac t sum as securi ty for due fulf i l lment of
the contrac t , unless otherwise s ta ted in the tender documents.
The mode of making this deposit i s as under .
Ini t ia l or contrac t deposi t
A sum, which a long with the earnest money a l ready paid,
amounts to three percent of the contrac t sum shal l be pa id
wi thin 15 days af ter rece ipt of int imation in wri t ing of
acceptance of tender . I t i s optional to the contractor to make
the contrac t deposi t in one of the other of the following ways
:
iv) Wholly in cash or .
v) Wholly in form of Nat ional saving Cert i f icate
pledged in favour of the Corpora t ion or Bank
Guarantees / Fixed deposit f rom Nat ional ised /
Scheduled Banks in the enclosed format.
vi ) Part ly in cash and part ly in form of National saving
Cert if ica te pledged in favour of the Corpora t ion or
Bank Guarantees / Fixed deposi t f rom Nat ional ised /
Scheduled Banks in the enclosed format
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
36 -
Signature of Tenderer No. of Corrections Signature of City Engineer
36
Retention Money:
The remaining amount of the securi ty deposi t i . e . 2% shal l be
recovered f rom the Contractor’s running bi l ls at the ra te of
f ive percent and such retention together wi th the contrac t
deposi t made as aforesa id shal l not exceed in the aggregate
f ive percent of the contrac t sum af ter which such re tent ion
wil l cease.
123. Forfe i ture of
Securi ty
Deposi t
Al l compensat ion or other sums of money payable by
the contrac tor under the te rms of this contrac t or any
other account whatsoever , may be deducted f rom or
pa id by the sale of a suf f icient part of this securi ty
deposi t / re tent ion money or f rom the interes t a r is ing
there f rom or f rom any sums which may be due or may
become due to the Contrac tor by the Corpora t ion on
any account whatsoever , and in the event of his
securi ty deposit / re tent ion money being reduced by
reason of any such deduction or sa le as aforesa id, the
contrac tor shal l wi thin 15 days of rece ipt of not ice of
demand f rom the Engineer make good the def ic i t .
In the event of the sa id deposi t having been made by
the contrac tor by de l ivery to the Corpora t ion of the
Guarantee of the Bankers of the Contrac tor, and of
the contrac tor under any of the provis ions of this
contrac t becoming subject to or l iable for any penal ty
for damages l iquidated or unl iquidated or of the said
deposi t becoming forfe i ted any breach or fa i lure or
de termination of contrac t , then, and in such case the
amount of any such penal ty or damages and the
deposi t so forfe i ted is not previously pa id to the
Munic ipa l Commissioner, shal l immedia tely on
demand be pa id by the sa id Bankers to and may be
forfe i ted by the Munic ipa l Commissioner under and
in te rms of the sa id Guarantee.
124. Execution of
Contract
Document
The successful tenderer af te r furnishing Ini t ia l
Securi ty Deposit , i s required to execute an Agreement
in duplica te in the form a t tached with the tender
documents on a stamp paper of proper va lue . The
proper va lue a t present i s Rs. 100/- . The agreement
should be s igned within one month f rom the date of
acceptance of the tender
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
37 -
Signature of Tenderer No. of Corrections Signature of City Engineer
37
125. Issue of Work
Order
Work Order wi l l be issued af ter execut ion of contract
document.
126. Contract
Documents
The Contrac tor sha l l be furnished, f ree of charge , two
cert if ied t rue copies of the contrac t documents and a ll
fur ther drawings which may be issued during the
progress of the Work. None of these documents shall
be used by the Contrac tor for any purpose other than
tha t of this contrac t .
127. Indemnity
Bond
The contrac tor sha l l require to execute an Indemnity
Bond for sat isfac tory performance of the enti re projec t
on Stamp paper of Rs.100/- in the format as per
Annexure ‘D’. This Indemnity Bond shal l remain in
force for period ment ioned in Schedule ‘A’ as Defec t
Liabi l i ty Period af ter complet ion of the projec t .
128. Licences The successful tenderer should comply s ta tutory
ins t ruc t ion of contrac t labour & wil l be required to
produce to the sa t isfac tion of the Engineer a va l id
contrac t labour l icence issued in his favour under the
provis ion of the Contrac t Labour Licence (Regula t ion
and Abol i t ion) 1970, before s tar t ing the Work. On
fai lure to do so, the acceptance of the tender is l iable
to be wi thdrawn and a lso the earnest money is l iable to
be forfei ted.
129. Details to be
Conf ident ia l
The Contrac tor sha ll t rea t the deta i ls of the Contrac t
as pr iva te and confident ia l , save in so far as may be
necessary for the purposes thereof , and shal l not
publ ish or disc lose the same or any part iculars thereof
in any t rade or technical paper or e lsewhere wi thout
the previous consent in wri t ing of the Engineer . If any
dispute ar ises as to the necessi ty of any publ icat ion or
disc losure for the purpose of the contrac t the same
shal l be referred to the Corpora t ion whose
de termination shall be f ina l .
130. Off ic ia l
Secrecy
The Contrac tor sha ll , whenever required, take
necessary s teps to ensure tha t a l l persons employed on
any Work in connect ion with this Contrac t have
not iced that the India off ic ia l Secre ts Act 1923 (XIX
of 1923) appl ies to them and shall continue to apply
even af ter execut ion of such Work under the Contrac t .
131. Assignment The Contrac tor sha l l not ass ign t ransfer or at tempt to
ass ign, t ransfer the Contract or any part thereof , or
any benef i t or in teres t therein or there under otherwise
than by a charge in favour of the Contrac tor’s bankers
of any Money due or to become due under this
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
38 -
Signature of Tenderer No. of Corrections Signature of City Engineer
38
contrac t , wi thout the prior wri t ten approval of the
Commissioner.
132. Sub-le t t ing The Contrac tor sha ll not sub-le t or a t tempt to sub-le t
the whole of the Works.
Except where otherwise provided by the Contrac t , the
Contractor sha l l not sub-le t any part of the Works
wi thout the prior wri t ten approval of the Engineer,
which shal l not be unreasonably wi th-held, and such
approval , i f given, sha l l not re l ieve the Contractor
f rom any l iabi l i ty or obl iga t ion under defaults and
neglec ts of any sub-contractor , h is agents, servants
or Workmen as fully as i f they
were the ac ts, defaul ts or neglec ts of the Contrac tor,
h is agents, servants or Workmen. Provided always tha t
the engagement of labour on a piecework basis or
labour wi th materia l not to be incorpora ted in the
Work shall not be deemed to be a sub-le t t ing under
this Clause.
The Contrac tor sha ll be responsible for observance by
his sub-contrac tors of the foregoing provis ions
133. Changes in
Const i tut ion
Where the contrac tor is a partnership f i rm,
the prior approval in wri t ing of the Commissioner
shal l be obta ined before any change is made in the
const i tut ion of the f i rm. Where the contrac tor is an
individual or Hindu Undivided family business concern
such approval as aforesa id shal l l ikewise be obtained
before the contrac tor enters into any partnership
agreement where under the partnership f i rm would
have the r ight to carry out the Work hereby undertaken
by the contrac tor . If pr ior approval as aforesa id is not
obta ined the contract sha l l be deemed to
have been ass igned in contravent ion of the Clause No.
108 hereof and the same ac t ion may be taken and the
same consequences shal l ensure as provided for in the
sa id condi t ion.
134. Power of
At torney
The contrac tor shall not i ssue any kind of power of
a t torney in favour of his bankers for rout ine payments
to the contrac tors through Bank.
135. Contractors
Staff
The Contrac tor sha l l employ in and about the
execut ion of Works only such persons as are ski l led
and are experienced in the i r severa l t rades and the
Engineer sha l l be a t l iberty to objec t to and require the
Contractor to remove f rom the Works any person,
employed by the Contrac tor in or about the execut ion
of the Works, who in the opinion of the Engineer
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
39 -
Signature of Tenderer No. of Corrections Signature of City Engineer
39
misconducts himself or i s incompetent or negl igent in
the proper performance of his dut ies and such person
shal l not be again employed upon the Works wi thout
permiss ion of the Engineer .
136. Contractors’
Supervis ion
The Contrac tor sha ll h imself supervise the execut ion
of Works or sha l l appoint competent agent approved by
the Engineer to ac t in his s tead. I f , in the opinion of
the Engineer the Contrac tor himself not have suf f ic ient
knowledge and experience to be capable of rece iving
ins t ruc t ions or cannot give his ful l a t tent ion to the
Works, the Contrac tor shal l a t h is own expense,
employ as his accredi ted agent an Engineer or a
sui tably qual if ied and experienced person approved by
the Engineer . The name of the agent so appointed,
a long-with the quali f icat ions, experience and address
shal l be communicated to the Engineer. The agent shal l
be a responsible person adequate ly organisa t ion by the
Contractor to take decis ion on s i te and to spend money
i f required for procuring material and labour e tc .
to carry out Emergency Works in the interes t of
the Work, if so required by the Engineer . Orders given
to Contractor’s agent sha l l be considered to have the
same force as if these had been given to the Contrac tor
himself .
I f the Contrac tor fa i ls to appoint a sui table agent as
di rec ted by the Engineer, the Engineer sha l l have ful l
powers to suspend the execut ion of the Works unt i l
such date as a suitable agent i s appointed and the
Contractor sha l l be he ld responsible for the de lay so
caused to the Works.
137. Employment
of Labour
The Contractor shall employ the labour in sufficient numbers to
maintain the required rate of progress and of quality to ensure
Workmanship, of the degree specified in the
Contract and to the satisfaction of the Engineer. The Contractor shall
not employ in connection with the Work any child who has not
completed his 15th
year of age. He shall also not employ an
adolescent who has not completed his 18th
year unless he is certified
fit for Work as an adult as prescribed under clause (b) of sub-section
(2) of section 69 of the Factories Act, 1948.
The Contrac tor sha l l make his own arrangement for the
engagement of a l l labour loca l or otherwise.
The Contrac tor sha ll indemnify the Corpora t ion or any
agent , servant or employee of Corpora t ion for any
lapses on the part of contrac tor on account of non-
compliance of above referred ac ts.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
40 -
Signature of Tenderer No. of Corrections Signature of City Engineer
40
138. Compliance
wi th Labour
Regula t ion.
The contrac tor shall pay fa i r and reasonable wages to
the Workmen employed by him, for the contract
undertaken by him. In the event of any dispute ar is ing
be tween the contrac tor and his Workmen on the
grounds tha t the wages pa id are not fa i r and
reasonable, the dispute shal l be referred wi thout de lay
to the Engineer, who shal l dec ide the same. The
decis ion of the Engineer sha l l be conclusive and
binding on the contrac tor but such decision shal l not in
any way af fect the condi t ions in the contrac t regarding
the payment to be made by Corpora t ion a t the same
sanct ioned tender rates.
The employees of the contractor and the sub-contractor
in no case shal l be t rea ted as the employees of the
Corpora t ion at any point of t ime.
SALIENT FEATURES OF SOME MAJOR LABOUR
LAWS APPLICABLE TO ESTABLISHMENTS
ENGAGED IN BUILDING AND OTHER
CONSTRUCTION WORK.
( i i i ) Workman Compensation Act 1923.
The Act provides for compensat ion in case of injury by
acc ident a r is ing out of and during the course of
employment.
( iv) Payment of Gratuity Act 1972 .
Gra tui ty is payable to an employee under the Act on
sa t isfac tion of cer ta in condi t ions on separa t ion i f an
employee has comple ted 5 years service or more or on
death a t the ra te of 15 days wages for every comple ted
year of service. The Act is appl icable to al l
es tabl ishments employing 10 or more employees.
( i i i ) Employees PF and Miscel laneous Provis ion Act, 1952 .
The Act provides for monthly contr ibut ions by the
employer plus Workers @ 10% or 8 .33% . The benef i ts
payable under the Act a re
(f ) Pension or family pension on re t i rement or
dea th as the case may be.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
41 -
Signature of Tenderer No. of Corrections Signature of City Engineer
41
(g) Deposi t l inked insurance on the death in harness
of the Worker.
(h) Payment of PF accumula tion on ret i rement /
dea th e tc .
(xvi) Maternity Benefi t Act 1951
Act provides for leave and some other benef i ts to
women employees in case of conf inement or
miscarr iage e tc .
(xvi i ) Contract labour (Regulation and Abol i t ion) Act 1970 .
The Act provides for cer tain wel fare measures to be
provided by the contractor to contract labour and in
case the contractor fai ls to provide, the same are
required to be provided by the Principal Employer by
law. The principal employer is required to take
Cert i f icate of Regis trat ion and the Contractor is
required to take a Licence from the designated Of f icer .
The Act i s appl icable to the es tabl ishments or
Contractor of pr inciple employer i f they employ 20 or
more contract labour.
(xvi i i ) Minimum Wages Act 1970
The Contrac tor shal l see tha t the provis ions se t for
under the Minimum Wages Act and Contract
Regula t ion and Abol i t ion Act 1970 with the
Maharashtra Contrac t Labour(regula t ion and abol i t ion)
Rules 1971 as amended f rom time to t ime are ful ly
complied wi th by him and shal l mainta in necessary
regis ters and records for payment of wages , overt ime,
e tc . made to his Workmen as required by the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
42 -
Signature of Tenderer No. of Corrections Signature of City Engineer
42
Conci l ia t ion Off icer (Centra l ), Minis try of Labour,
Government of India, or such other organisa t ion
person appointed by the Centra l or State Government.
(xix) Payment of Wages Act 1936 I t lays down as to by what da te the wages are to be
pa id, when i t wi l l be pa id and what deduct ions can be
made f rom the wages of the Workers.
(xx) Equal Remuneration Act 1979.
The Act provides for payment of equal wages for Work
of equal nature to Male & Female Workers and not for
making discr imination against Female employees in
the mat ters of t ransfers , t ra ining and promotions etc .
(xxi) Payment of Bonus Act 1965
The Act is appl icable to a l l es tabl ishments employing
20 or more Workmen. The Act provides for payments
of annual bonus subject to a minimum of 8 .33% of
wages and maximum of 200% of wages to employees
drawing Rs. 3 ,500/- P.M. or less. The bonus to be pa id
to or employees ge t t ing Rs. 2500/- P.M. above upto
3500/- P.M. shal l be Worked out by taking wages as
Rs. 2500/- P.M. only. The Act does not apply to
cer ta in es tabl ishments. The newly se t up
es tabl ishments are exempted for f ive years in cer ta in
c i rcumstances. Some of the State Governments have
reduced the employment size f rom 20 to 10 for the
purpose of appl icabil i ty of the Act.
(xxi i ) Industr ial Disputes Act 1947
The Act lays down the machinery and procedure for
resolut ion of industr ia l d isputes, in what s i tua t ions a
s t r ike or lock-out becomes i l legal and what a re the
requirements for laying of f or ret renching the
employees or c los ing down the es tablishment.
(xxi i i ) Industr ial Employment (Standing Orders )
Act 1946
I t i s appl icable to a l l establishments employing 1000
or more Workmen (employment s ize reduced by some
of the States and Centra l Government to 50) . The Act
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
43 -
Signature of Tenderer No. of Corrections Signature of City Engineer
43
provides for laying down rules governing the
condi t ions of employment by the employer or mat ters
provided in the Act and get the same cert i f ied by the
designated Authori ty.
(xxiv) Trade Unions Act 1926 The Act lays down the procedure for regis t ra t ion of
t rade unions of Workmen and employers . The t rade
unions regis tered under the Act have been given
certa in immunit ies from c ivi l and cr iminal l iabi l i t ies.
(xxv) Child labour (prohibit ion and regulation )
Act 1986.
The Act prohibi ts employment of chi ldren be low 14
years of age in certa in occupat ion and processes and
provides for regula t ion of employment of children in
a l l o ther occupations and processes. Employment of
chi ld labour is prohibi ted in Bui lding and Construc t ion
Industry.
(xxvi) Inter-State Migrant Workmen’s (
Regulation of Employment and Condi t ions of
Service ) Act 1979. The Act is appl icable to an es tabl ishment which
employees 5 or more inter-s ta te migrant Workmen
through an intermediary ( who has recrui ted Workmen
in one s tate for employment in the es tabl ishment
s i tua ted in another s ta te ) . The inter-s ta te migrant
Workmen, in an es tabl ishment to which this Act
becomes appl icable, a re required to be provided
certa in fac il i t ies such as housing, medica l a id,
t ravel ing expenses f rom home upto the es tabl ishment
and back, etc .
(xxvi i ) The Building & other Construction
Workers (Regulation of Employment and
Condi t ions of Service) Act 1996 and the Cess
Act of 1996.
Al l the es tabl ishments who carry on any bui lding or
other construc tion Work and employs 10 or more
Workers are covered under this ac t . Al l such
es tabl ishments are required to pay cess a t ra te not
exceeding 2% of the cost of construc tion as may be
not i f ied by the Government . The employer of the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
44 -
Signature of Tenderer No. of Corrections Signature of City Engineer
44
es tabl ishment is required to provide safe ty measures at
the Building or Construc t ion Work and other welfare
measures, such as Canteens, Fi rs t -Aid fac il i t ies,
Ambulance, Housing accommodation for Workers near
the Workplace e tc . The employer to whom the Act
appl ies has to obta in a regis t rat ion cert i f icate f rom the
Regis ter ing Off icer appointed by the Government .
139. Safety
Provis ions
The Contrac tor sha l l a t h is own expense arrange for
the safe ty provis ions indica ted in Annexure `A’ or as
required by the Engineer, in respect of al l labour
di rec tly or indirec t ly employed for performance of the
Works and shal l provide al l fac i l i t ies in connect ion
therewith. In case the Contrac tor fa i ls to make
arrangements and provide necessary fac il i t ies as
a foresaid, the Engineer sha l l be enti t led to do so and
recover the costs thereof f rom the Contrac tor.
140. Provis ion of
Firs t -Aid Box
The contrac tor sha l l , a t h is own cost , provide and
mainta in a t the s i te of Works a s tandard f i rs t a id box
as di rec ted and approved by the Engineer for the use
of his own as wel l as the Corpora tion`s s taf f on si te .
141. Apprent ices The Contractor shall comply with the provision of the Apprentice
Act, 1961, and the rules and orders issued there under from time
to time. The contractor shall during the term of this agreement
maintain as a part of his organisation a system of apprenticeship
for training craftsmen as may be approved by the Engineer. The
apprentices are to be engaged and trained in the building
craft/trades. The number of apprentices to be engaged shall be
decided and got approved from the office of the Director of
Technical Education and State Apprenticeship Advisor,
Maharashtra State, Dhobi Talao, Bombay –400 001. Failure on
the part of the contractor to observe the stipulation of this
conditions shall be deemed to be failure to employ a sufficient
number of proper and efficient Workmen and all the rights and
remedies of the Commissioner therein provided including the
power to determine the contract shall be applicable in such case.
The Contractor shall also be liable for any pecuniary liability
arising on account of any violation by him of the provisions of
the Act.
142. Personnel. The Contractor shall employ the key personnel named
in the schedule of key personnel (Annexure ‘B’) or
other personnel approved by the Engineer to carry out
the funct ions. The Engineer wi l l approve any proposed
replacement of key personnel only i f the i r
qual if ica tions , abil i t ies and re levant experience are
substant ia l ly equal to or be t te r than those of the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
45 -
Signature of Tenderer No. of Corrections Signature of City Engineer
45
personnel l i s ted in the schedule.
143. Temporary
Si te Off ice for
the Engineer
(For Works
Cost ing Above
Rs. 50 Lacks
Only)
The Contrac tor sha l l a t h is own cost and to the
sa t isfac tion of the Engineer , provide a si te of f ice of
not less than 25 Sq. Mtr . With brick walls , plas ter ing
ins ide, rough shahabad f looring and one wri t ing table
wi th s ix chairs and large s ize s tee l cupboard. He shal l
a lso make necessary arrangements for dr inking water
and e lec t r ic connection and locking arrangement.
Upon complet ion of the whole work and af ter clear ing
the s i te and upon expiry of defec t l iabi l i ty period, the
Contractor sha l l remove the s i te off ice and take
possess ion of the furni ture and cupboards provided by
him in the condi t ion i t was on the date of rece iving
back the same.
144. Contractor’s
Off ice Near
Works
The Contrac tor sha ll have an off ice near the Works a t
which not ice f rom the Engineer may be served and
shal l , be tween the hours of sunrise and sunset on a l l
Working days , have a clerk or some other organisa t ion
person a lways present a t such of f ice upon whom such
not ices may be served and service of any not ices lef t
wi th such c lerk or other organisa t ion person or a t such
of f ice shal l be deemed good service upon the
Contractor .
145. Permiss ion for
Erec t ion &
Removal of
Off ice on
Complet ion of
Work
The Contrac tor sha l l obta in permiss ion for e rec tion of
s i te off ice, cement godown, s tore, e tc . on payment of
necessary charges as demanded by the concerned
authori t ies as per the prevai l ing rules . The cement
godown, Watchman cabins, e tc . sha l l be provided as
di rec ted and shal l be removed by the Contrac tor on
comple t ion of the Work at thei r cost .
146. Use of
Munic ipa l
Land
(a)The Contrac tor sha l l not be permit ted to enter on
(other than for inspection purposes) or take possess ion
of s i te unt i l ins t ruc ted to do so by the Engineer in
wri t ing.
The portion of the site to be occupied by the Contractor shall be
defined and/or marked on the site plan, failing which these shall be
indicated by the Engineer. The Contractor shall on no account be
allowed to extend his operations beyond these areas. The use of such
portion of the site shall be allowed free of any lease rent during
scheduled time period for the completion of the Work. However at
the expiry of the stipulated period of the Work, as may be extended
from time to time, Contractor has to pay charges for these facilities
as per the prevailing rates levied by the Corporation for use of
public utility places.
The Contractor will be allowed to use the land for the purpose of
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
46 -
Signature of Tenderer No. of Corrections Signature of City Engineer
46
sheds, offices thereon for themselves and for the Engineer and his
subordinates and shall remove the same from the ground on the
completion of the Works, or when required to do so, by the Engineer
after receiving 7 days notice. He shall make good any damage which
may have been done and restore to good condition any thing which
may have been disturbed during the period of his occupation.
He shall not use or allow to be used any such ground, sheds or
offices, or any portion of the site of the Works, for any other
purpose than the carrying out of Works under this Contract, failing
which charges applicable will become payable in the event of there
being on plot or ground or insufficiency of ground belonging to the
Corporation available for the above purpose, the Contractor shall
provide other such ground at his own cost.
The Contractor shall in any case pay all taxes which may have to be
paid in respect of all ground, sheds or offices used as above, and all
the license fees, etc., that may be demanded for the storage or
otherwise of the various articles as per rules in force.
The Contractor shall provide, if necessary or if required on the site
all temporary accesses thereto and shall alter, adopt and maintain the
same as required from time to time and shall take up and clear them
away as and when no longer required and make good all damage
done to the site.
The contractor has also be allowed at the sole discretion of the
corporation to stack material required for execution of work in
corporation land out of the project area on payment of necessary
charges as per corporation rules for use of roads public utility
places.
147. Water Supply
for
Corpora t ion
Work
The water wi l l not be suppl ied by the Corpora t ion. The
Contractor has to make his own arrangements for
supply of water . However on avai labi l i ty of water i t
can be suppl ied a t the organisa t ion Corpora t ion ra te
and terms and condit ions .
148.
Elect r ic
Supply
No power connect ion shal l be provided. The
Contractor sha l l make a t his own cost his own
arrangement for power connect ion, i f required.
149. Contractor to
Protec t the
Work
The contrac tor sha l l make his own arrangements for
protec ting the Work / protect ion ageis t obst ruc t ions
f rom any ant i -social e lements by taking a t his / the i r
cost pol ice protec t ion or such other legal methods
through law enforc ing authori t ies and tha t the
Corpora t ion shal l not be l iable to compensate the
contrac tor on this account. The Corporat ion would
only forward the appl ica t ion of the contrac tor to the
pol ice Dept t . Without any l iabi l i ty against the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
47 -
Signature of Tenderer No. of Corrections Signature of City Engineer
47
Corpora t ion on this account.
150. Fencing,
Watching and
Light ing
The Contrac tor sha ll provide and mainta in a t h is own
expense a l l l ights, guards , fencing and watching when
and where necessary or as required by the Engineer for
the protec t ion of the safe ty and convenience of those
employed on the Works or the publ ic . In the event of
fai lure on the part of the Contrac tor , the Engineer may
with or wi thout not ice to the Contrac tor put up a fence
or improve a fence a l ready put up or provide and/or
improve the l ight ing or adopt such other measures as
he may deem necessary, and a l l the cost of such
procedures as may be adopted by the Engineer sha ll be
borne by the Contrac tor. In addi t ion the Engineer may
impose such f ines or penalty as the Engineer may deem
reasonable, under Clause No. 53.
151. Contractor’s
Liabi l i t ies
& Insurance
(Car Pol icy)
From commencement to comple t ion of the Works, the
Contractor shal l take ful l responsibi l i ty for the care
thereof and for taking precautions to prevent loss or
damage and to minimize the loss or damage to the
grea tes t extent possible and shal l be l iable for any
damage or loss that may happen to the Works or any
part thereof .
The pol icy so obtained shall cover ent i re period of
construc tion ( inc luding a l l extensions) and a lso shall
cover the Defects Liabi l i ty period. The pol icy shal l be
for the tota l Contract Sum.
Before commencing execution of the Work, the
Contractors sha l l wi thout in any way l imit ing his
obl iga t ions and responsibi l i t ies under this condi t ion,
insure against any damage loss or injury which may
occur to any property (Priva te, Government and/or
Corpora t ion) or to any person ( inc luding any employee
of the Corpora t ion) by or a r is ing out of the contrac t .
Al l insurances (Car Pol icy) to be affec ted by the
Contractors and/or his sub-contrac tors sha l l be taken
out wi th Direc tora te of Insurance, Maharashtra Sta te
only. In case, however, a part icular aspect i s not
covered under the pol icy to be obta ined f rom the
Direc torate of Insurance, Maharashtra s ta te , the
Contractor wi l l be a l lowed to have such insurance
f rom other insurance company with the prior
permiss ion of the Commissioner .
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
48 -
Signature of Tenderer No. of Corrections Signature of City Engineer
48
If the Contractor has a blanket insurance pol icy for a l l
h is Works and the pol icy covers a l l the i tems to be
insured under this condi t ion, the sa id pol icy shal l be
ass igned by the Contractor , in favour of the
Corpora t ion; provided, however, i f any amount is
payable under the pol icy by the insurers in respect of
Works other than the Works under this Contract , the
same may be recovered by the Contrac tor di rec t ly f rom
the insurers. The amount of cla im to the extent
payment made by Corpora t ion shall be di rec t ly
re imbursed to Corpora t ion by insurer.
PROVIDED always tha t the Contractor sha l l not
be enti t led to payment under the above provis ions in
respect of such loss or damage as have been
occasioned by any fai lure on his part to perform his
obl iga t ions under the Contrac t or not taking
precaut ions to prevent loss or damage or minimize the
amount of such loss or damage.
Where a Corporation`s Building or part thereof is rented by the
Contractor or is allowed to be used by him, he shall insure the entire
building if the building or any part thereof is used by him for the
purpose of storing or using materials of combustible nature as to
which the decision of the Engineer shall be final and binding.
The Contractor shall indemnify and keep indemnified the
Corporation against all losses and claims for injuries or damage to
any person or any property whatsoever which may arise out of or in
consequence of the construction and maintenance of the Work and
against all claims, demands, proceedings, damages, costs, charges
and expenses whatsoever in respect of or in relation thereto.
PROVIDED always that nothing herein contained shall be deemed
to render the Contractor liable for or in respect of or to the
Corporation against any compensation or damage caused by the
Excepted Risks.
The Contractor shall at all times indemnify the Corporation against
all claims, damages or compensation under the provisions of
Payment of Wages Act 1936, Minimum Wages Act 1948,
Employers Liability Act 1938, the Workmen’s Compensation Act
1923, Industrial Dispute Act 1947, Indian Factories Act 1948 and
Maternity Benefit Act, 1961 or any modifications thereof and rules
made there under from time to time or as a consequence or any
accident or injury to any Workman or other persons in or about the
Works, whether in the employment of the Contractor or not, save
and except where such accident or injury have resulted from any act
of the Corporation, their agents or servants, and also against all cost,
charges and expenses of any suit, action or proceedings arising out
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
49 -
Signature of Tenderer No. of Corrections Signature of City Engineer
49
of such accident or injury and against all sum or sums which may
with the consent of the Contractor be paid to compromise or
compound any such claim without limiting his obligations and
liabilities as above provided. The Contractor shall insure against all
claims damages or compensation payable under the various acts
mentioned above or any modifications thereof or any other law
relating thereto.
The aforesaid insurance policies shall provide that they shall not be
canceled till the Commissioner has agreed to their cancellations.
The Contractor shall prove to the Engineer from time to time that he
has taken out all the insurance policies referred to above and has
paid the necessary premia for keeping the policies alive till the
expiry of the Defects Liability Period after completion of Work for a
period of not exceeding 12 months as per directives of Directorate of
Insurance, Maharashtra State.
The Contractor shall ensure that similar insurance policies are taken
out by his sub Contractors(if any) and shall be responsible for any
claims or losses to the Corporation resulting from their failure to
obtain adequate insurance protection in connection thereof. The
Contractor shall produce or cause to be produced by his Sub-
Contractor (if any) as the case may be, the relevant policy or policies
and premium receipts as and when required by the Engineer.
I f the Contrac tor and/or his sub-Contrac tors ( if any)
shal l fa i l to ef fec t and keep in force the insurance
referred above for any other insurance which he/ they
may require to effec t under the te rms of Contrac t then
and in any such case the Commissioner may without
be ing bound to effec t and keep in force any such
insurance and pay premium or premia as may be
necessary for tha t purpose and f rom t ime to t ime
deduct the amount so pa id by the Corpora t ion plus 20
per cent of premium or premia amount as service
charges f rom any money due or which may become due
to the Contractor or recover the same as debt f rom the
Contractor .
152. Contractor to
Preserve
Peace
The Contrac tor sha ll a t a l l t imes during the progress of
the Work take a l l requis i te precaut ion and use his best
endeavors for prevent ing any r iotous or unlawful
behavior by or amongst the Workers and other
employed on the Works and for the preservat ion of
peace and protec tion of the inhabi tants and securi ty of
property in the ne ighborhood of the Works. He shall
a lso pay the charges of such specia l pol ice ( i f any) as
the Engineer may deem necessary.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
50 -
Signature of Tenderer No. of Corrections Signature of City Engineer
50
153. Protec t ion of
Trees
Trees designated by the Engineer shal l be protec ted
f rom damage during the course of the Work and earth
level wi thin one metre of each such t ree shal l not
be changed. Where necessary, such t rees shal l be
protec ted by temporary fencing. Al l such cost shal l be
borne by the Contrac tor.
154. Maintenance
of Under-
ground Uti l i ty
Services
Al l the underground ut i l i ty services such as water
pipes, gas pipes, dra ins, sewers, cables e tc . , which
may be met up in or about any excavat ion, sha l l i f
the Engineer deem i t pract icable, be properly
mainta ined and protected by the Contrac tor himself
or through other agency by means of shoring, s t rut t ing,
planking over , padding or otherwise as di rec ted by the
Engineer during the progress of the Work without
c laiming any extra charges . Any damage to these
underground ut i l i ty services shal l be immedia te ly
remedied by the Contrac tor or by other agency a t his
own cost , fa i l ing which the Engineer may with or
wi thout not ice adopt such measures as he may deem
necessary a t the r isk and cost of the Contrac tor.
I f on the other hand, the Engineer considers i t
impract icable for the Contractor to mainta in any such
underground ut i l i ty services and that the
exigencies of the Work necessi ta te , the breaking down,
removal or divers ion of the said ut i l i ty services, the
cost of such breaking down, removal or divers ion
inc luding tha t of rebui lding, replac ing, divert ing and
re instat ing of any such ut i l i ty services shal l be pa id to
the Contrac tor if done by him. However, the cost of
providing pumps, chutes or other appl iances as the
Engineer may direc t for the ra ising or temporary
passage of the water or sewage and the cost of
pumping out or removing as of ten as the Engineer may
direc t , any water or sewage which may escape f rom
any such underground ut i l i ty services, sha l l be borne
by the Contrac tor.
The tenderer sha l l contact a l l the publ ic bodies, e tc . to
know the under-ground services tha t may be
encountered by him / them during the execution of the
Work and account for the consequences of the s i te
res t ra ints whi le submit t ing the ir tenders. No
compensation / cost sha l l be payable on account of any
under-ground services which obstruc ts the Work and
cause de lay.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
51 -
Signature of Tenderer No. of Corrections Signature of City Engineer
51
155. Precaut ions
for Works in
Thorough-
Fares
While the execution of any Work is in progress in any
s t ree t or thoroughfare the Contrac tor a t h is own cost
sha l l make adequate provis ion for the passage of
t ra ff ic , for securing safe access to al l premises
approached f rom such s t ree t or thoroughfare, and for
any dra inage , water supply, or means of l ight ing or
any other uti l i ty service which may be interrupted by
reason of execut ion of the Work. Whenever i t may be
necessary to s top the t raff ic in any s t reet or
thoroughfare permiss ion must f i rs t be obta ined f rom
the Engineer and the Contrac tor sha l l then put up such
barr iers and adopt such other measures or take
precaut ions as may be necessary or as the Engineer
may direc t for regula t ion of t raff ic . The Work shal l in
such cases be executed night and day or for as long a
period as prac ticable if so ordered by the Engineer,
and with such speed & vigour as he may require, so
tha t the t raff ic may be impeded for as short a t ime as
possible . The Contrac tor sha l l remove the barr iers as
soon as the necessi ty for them has ceased. Care shal l
be taken by the Contrac tor to cause the leas t possible
obst ruc t ion to t raff ic during the progress of the Work.
156. Traff ic The contrac tor sha l l have to make al l necessary
arrangements for regula t ing t raff ic day and night
during the period of construc tion and to the ent i re
sa t isfac tion of the Engineer .
This inc ludes the construc t ion and maintenance of
divers ions , if necessary, a t no extra cost to the
Corpora t ion. The contrac tor sha l l provide necessary
caution boards, barr icades, f lags and l ights , watchmen
e tc . so as to comply with the la tes t Motor Vehic le
Rules and Regula t ions and for t ra ff ic safety. The
contrac tor shal l be responsible for a l l c la ims for the
acc idents which may ar ise due to his negl igence
whether in regula ting t raff ic or in s tacking materia ls
on the road or by any other reason.
157. Pumping out
Water
The Contrac tor wi l l be required to provide and opera te
a t h is own cost al l pumps, engines and machinery
requis i te to keep the t renches for the sewer, drains or
foundat ions and a l l o ther excavat ions c lear of water
whether subsoi l water , s torm waste or leakage f rom
tanks, wells , dra ins, sewers, water-mains , t ide water
e tc . so that there may be no accumulat ion of such
water and no se tt ing out may be done, no masonry may
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
52 -
Signature of Tenderer No. of Corrections Signature of City Engineer
52
be laid, no concre te deposi ted, no joints made and no
measurements taken in water. The pumping shal l be
cont inued so long af ter the execution of any port ion of
the Work as the Engineer may consider necessary for
the Work to se t . For the purpose of keeping the
excavat ions as dry as possible the Work would, if
necessary be divided into sec t ions or separa te port ions
as per best Engineering prac tices and temporary dams
wil l have to be put up by the Contrac tor , sumps for the
suct ion pipes to Work in, wi l l have to be excavated by
the Contrac tor a t such dis tances apart and to such
depths as the as per best Engineering prac tices. When
the Work progresses other sumps must, f rom t ime to
t ime, be excavated by the Contrac tor, d isused sumps
being f i l led up by him with dry rubble careful ly hand
packed to the sa t isfac tion of the Engineer . The
Contractor wil l not be pa id extra for any temporary
dams or sumps or the i r removal or ref i l l ing nor wi l l
such Works be taken into measurement in any way,
unless otherwise provided.
The Contrac tor sha l l not a l low any accumula t ion of
water e i ther f rom the Discharge of his dewatering
pumps or his water connect ions on si te of his Work.
The Contrac tor sha l l make proper provis ion for leading
the pumped discharge to the nearest water entrance,
s torm water drain, manholes, or water course by means
of a wooden or G. I. channel or hose pipe. Under no
c i rcumstances the discharge wi l l be a l lowed to f low,
a long a paved surface. If an accumula tion is
unavoidable, i t shal l be t rea ted wi th insec t ic ides to the
sa t isfac tion of the Engineer . In case of fa i lure to do
this on the part of Contrac tor such accumula t ion shall
be t rea ted by the Corpora t ion a t the r isk and cost of
the Contrac tor.
The contrac tors should note tha t under no
c i rcumstances any payment for pumping out water
f inding i ts way into t renches, hi l l cutt ing, excavated
pi ts , Works s i te e tc . f rom whatever sources wi ll be
permiss ible unless otherwise specif ica lly ment ioned in
the tender.
158. Storage of
Explosives
The Contrac tor sha l l obta in the previous permiss ion of
the competent authori ty such as the Chief of Fire
Services for the Si te , manner and method of s tor ing
explosives near the s i te of Work. Al l handl ing of
explosives, inc luding s torage , t ransport sha l l be
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
53 -
Signature of Tenderer No. of Corrections Signature of City Engineer
53
carr ied out under the rules approved by the
“Explosives Department of the Government”.
159. Faci l i t ies to
the Other
Contractors
The contrac tor sha l l , in accordance with the
requirements of the Engineer , a fford al l
reasonable faci l i t ies to other Contrac tors engaged
contemporaneously on separa te Contrac ts in
connect ion with the Works and for departmenta l labour
and labour of any other properly organisa t ion authori ty
or s ta tutory body which may be employed a t the
Si te on execution of any Work not inc luded in the
Contract or of any Contrac t which the Corpora t ion may
enter into in connect ion with or anci l la ry to the Works.
160. Prevent ion of
Mosqui to
Breeding a t
Construc t ion
Si te
( i )The contrac tor sha l l on the respect ive construc tion
s i te insta l l mosqui to proof and access ible water
s torage tanks or to cover / protec t the present water
s torage tanks properly.
( i i ) The contrac tor sha l l periodica l ly give la rvaecidal
t rea tment to water storage tanks, s i tes of water
s tagnat ion, water col lec t ion.
( i i i ) Any expendi ture that may be incurred by the
Corpora t ion to ensure tha t the above condi t ions are
fulf i l led by the contrac tor wi l l be debi table to
contrac tors account and wil l be recovered f rom the
bi l ls of the contrac tor f rom t ime to t ime.
161. Sani ta t ion
The Contrac tor sha l l , a t h is own cost , make a l l
necessary provis ions for hea l th and safety of his
labour / employees. He shall , when required by the
Engineer , provide proper la t r ines and urina ls to the
sa t isfac tion of the Engineer in such numbers and in
such loca li t ies as he may require, and shal l take a l l
s teps necessary to compel his labour / employees to
resort to such la t r ines and urina ls, and shal l d ismiss
f rom his employment and remove f rom the Works any
one de tec ted obeying the ca l ls of na ture in any place
other than the conveniences a l lotted for such purposes.
The sa id la t r ines shal l be under the superintendence
and orders of the Engineer or his subordinates.
162. Not to Al low
Huts
The Contrac tor sha l l , on no account, a l low any huts to
be erec ted on Corpora t ion property unless otherwise
permit ted by the Engineer in wri t ing, to be inhabi ted
af ter sunse t by anyone except the watchmen required
for the Works, and none of his employees, except such
watchmen as aforesaid, sha l l sleep at night on any part
of the Works. In case of any of fence commit ted by any
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
54 -
Signature of Tenderer No. of Corrections Signature of City Engineer
54
of the labour or employees of the Contrac tor against
any of the provis ions of this condi t ion the Contrac tor
sha l l be l iable to a penalty not exceeding Rupees
Hundered for every such offense and the same shall be
charged to the account of the Contrac tor .
163. Treasure
Trove Fossi ls
e tc .
Al l foss i ls , coins, a r t icles of va lue or ant iqui ty and
s t ruc tura l and other remains things of geological or
a rchaeologica l in teres t discovered in or upon the s i te
sha l l be absolute property of the Corpora t ion and the
Contractor sha l l duly preserve them and shall take
precaut ions to prevent his Workmen or any other
person f rom removing or damaging any such ar t ic les or
thing and shal l immedia tely upon discovery thereof
and before removal acquaint the Engineer wi th such
discovery and shal l f rom t ime to t ime del iver the same
to such person or persons as the Engineer may f rom
t ime to t ime appoint to receive the same a t the expense
of the Corpora t ion.
164. Patent’ Right
and Royal t ies
The contrac tor sha l l save harmless and indemnify the
Corpora t ion f rom and against al l c la ims and
proceedings for or on account of inf r ingement of any
Patent r ights , design t rademark or name of other
protec ted r ights in respect of any construc t ional plant ,
machine Work, or mater ia l used for or in connect ion
with the Works or any of them and f rom and against a l l
c laims, proceedings , damages, costs, charges and
expenses whatsoever in respect thereof or in re la t ion
there to. Except where otherwise specif ied, the
contrac tor shal l pay a l l tonnage and other royal t ies,
rent and other payments or compensat ion, if any, for
ge t t ing s tone, sand, gravel , c lay or other materia ls
required for the Works or any of them.
165. Quarry i )Quarry for extrac t ion of murum, s tone, rubble or any
other materia l sha l l not be made avai lable by the
corpora t ion the contrac tor has to make his own
arrangements for quarry a t h is cost .
i i )The successful tenderer shal l submit quarry permit
f rom the competent authori ty before s tart ing the Work
.
166. Photographs
of The Works
No photographs of the Work or any part there of or
equipment employed thereon shal l be taken or
permit ted by the contrac tor to be taken by any of his
employees or any employees of his sub- contrac tor
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
55 -
Signature of Tenderer No. of Corrections Signature of City Engineer
55
without the prior approval of the Engineer in wri t ing
and no such photographs shal l be publ ished or
otherwise c i rculated wi thout the approval of the
Engineer in wri t ing.
167. Notices to
Local Bodies
( i )The contrac tor sha l l comply with and give al l
not ices required under any Government Authori ty,
Ins t rument, rule or order made under any Act of
parl iament, sta te laws or any regula tion or Bye-laws of
any loca l authori t ies or publ ic ut i l i t ies concern
re la t ing to Works. He shal l before making any
varia t ion f rom the contrac t drawings necessi tated by
such compliance give to the Engineer a not ice giving
reasons for the proposed varia t ion and obta ined
Engineer’s ins t ruc t ions thereon.
( i i ) The contrac tor sha l l pay and indemnify the
Corpora t ion against any l iabi l i ty in respect of any fees
or charges payable under any Act of parl iament, s ta te
laws or any Governmenta l Ins t rument, rule or order
any regula t ions or bye-laws of any loca l authori ty or
publ ic ut i l i ty concern in respect of the Works.
168. Notices Subject as otherwise provided in this contract all notice to be given
on behalf of the Corporation and all other actions to be taken on its
behalf may be given or taken by the Engineer or any officer for
the time being entrusted with the functions, duties and powers of the
Engineer.
All instructions, notices and communications etc. under the contract
shall be given in writing and if sent by registered post to the last
known place or abode or business of the Contractor shall be deemed
to have been served on the date when in the ordinary course of post
these would have been served on or delivered to him.
169. Use of B. I.S.
Specif ica t ions
In case where no part icular specif ica t ion is given for
any ar t ic le to be used under the contrac t , the re levant
specif ica t ion, where one B. I.S. exis ts , of the Beauro of
Indian Standards shal l apply.
PART – III
WORK PROCEDURE
170. Possess ion of
Si te and
Access
There to.
The Corpora tion wil l , wi th the Engineer’s not ice to
commence the Works, give to the Contractor
possess ion of the Si te .
Such access, as is in accordance with the Contrac t , i s
to be provided by the Corpora t ion as may be required
to enable the Contrac tor to commence and proceed
with the execut ion of the Works in accordance with the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
56 -
Signature of Tenderer No. of Corrections Signature of City Engineer
56
programme referred to in Clause 86 i f any, and
otherwise in accordance with such reasonable
proposals as the Contrac tor sha ll , by not ice to the
Engineer make.
The Corpora tion wil l , f rom t ime to t ime as the Works
proceed, give to the Contractor possess ion of such
further port ions of the Si te as may be required to
enable the Contrac tor to proceed with the execut ion of
the Works wi th due dispatch in accordance with such
programme or proposals, as the case may be.
171. Fai lure to
Give
Possess ion
The contrac tor should note tha t the s i te for Work may
be made avai lable by the Corpora tion in ful l or in part
and that the contractor sha l l p lan his Works to
commensura te wi th the handing over the s i te . No claim
of compensat ion on account of delay in making
avai lable the Si te sha l l be payable to the contrac tor.
However, t ime extension for complet ing the Work
shal l be given to the Contractor in case of such delay.
172. Unforeseeable
Physica l
Obstruc t ions
or Condi t ions
If , however, during the execut ion of the Works the
Contractor encounters physica l obst ruc tions or
physica l condi t ions, o ther than c l imatic condi t ions on
the Si te , which obstruc t ions or condit ions were, in his
opinion, not foreseeable by an experienced contrac tor,
the Contrac tor sha l l for thwith give not ice thereof to
the Engineer. On rece ipt of such not ice, the Engineer
sha l l , i f in his opinion such obstruc tions or condi t ions
could not have been reasonably foreseen by an
experienced contractor , a f te r due consulta t ion with the
Contractor , de termine:
any extension of t ime to which the Contrac tor is
ent i t led under Clause 80.
173. Drawings:
Custody of
Drawings
The Drawings shall remain in the sole custody of
Engineer , but two copies thereof’ sha ll be furnished to
the Contrac tor f ree of charge . The Contrac tor sha ll
provide and make a t his own expense any further
copies required by him. At the comple t ion of
the Contrac t , the Contractor shal l re turn to the
Engineer a l l drawings provided under the Contrac t .
174. One copy of
Drawing to be
Kept on Si te .
One copy of the drawings, furnished to the Contrac tors
as aforesaid, sha l l be kept by the Contrac tor on the
s i te and the same shal l a t a l l reasonable t imes be
avai lable for inspect ion and use by the Engineer and
the Engineer’s Representa t ive and by any other
persons organisa t ion by the Engineer in wri t ing.
175. Discrepancies The drawings and specif ica t ions are to be considered
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
57 -
Signature of Tenderer No. of Corrections Signature of City Engineer
57
in Drawings
or
Specif ica t ions
as mutual ly explanatory of each other, de ta i led
drawings be ing fol lowed in preference to smal l scale
drawings and f igured dimensions in preference to sca le
and specia l condit ions in preference to general
condi t ions. Specia l condi t ions or dimensions given in
the specif ica tions shal l supersede a l l e lse. Should any
discrepancies, however appear, or should any
misunders tanding arise as to the meaning and import
of the sa id specif ica tions or drawings, or as to
meaning and as to the to the dimensions or the qual i ty
of the materia ls or the due and proper execution of the
Works, or as to the measurement or qual i ty and
valuat ion of the Works executed under this Contrac t ,
or as extra thereupon the same shal l be explained by
the Engineer be binding upon the Contractor and
Contractor sha ll be execute the Work according such
explanat ion (subject as aforesa id) and without extra
charge or deduct ion to or f rom the contrac t and shall
a lso do al l such Work and things as may be © for the
proper comple t ion of Works as impl ied by the
Drawings and Specif ica tions, even though such Works
and things are not specif ica l ly shown and described in
the said Drawings and Specif ica t ions . The f inal
dec is ion of the Commissioner in case a reference be
made to him under Clause No. 89 be binding upon the
Contractor and Contrac tor sha ll execute the Works
according to such explanat ion ( subjec t to aforesaid )
and shall a lso do a l l such Works and required things as
may be necessary for the proper comple t ion of Works
as impl ied by the drawings and specif ica tions, even
though such Works and things are not specif ica l ly
shown and described in the sa id drawings and
specif ica t ions.
176. Engineer to
have Power to
Issue Further
Drawings or
Ins t ruc t ions
The Engineer sha ll have the power and authori ty f rom
t ime to t ime and a t a l l t imes to make and issue such
further drawings and to give such further ins t ruc tions
and direc t ions as may appear to him necessary or
proper for the guidance of the Contrac tor and the good
and suff icient execut ion of the Works according to
te rms of the specif ica t ions and Contrac tor shal l
rece ive , execute obey and be bound by the same,
according to the t rue intent and meaning thereof , as
ful ly and ef fectua l ly as though the same had
accompanied or had been ment ioned or referred to in
the specif ica tion. The Engineer may a lso a l te r or vary
the levels or posi t ion of any Works contempla ted by
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
58 -
Signature of Tenderer No. of Corrections Signature of City Engineer
58
the specif ica tions, or may order any of the Works
contemplated thereby to be omit ted, wi th or wi thout
the subst i tut ion of any other Works in l ieu thereof , or
may order any Work or any port ion of Work executed
or part ia l ly executed, to be removed, changed or
a l te red, and if needful , may order tha t other Works
shal l be subst i tuted ins tead thereof and dif ference of
expense occasioned by any such diminut ion or
a l te ra t ion so ordered and direc ted shal l be added to or
deducted f rom the amount of this Contrac t as provided
under the Clause No. 101 and 102.
No Work which radical ly changes the origina l na ture
of the Contract shall be ordered by the Engineer and in
the event of any devia t ion be ing ordered which in the
opinion of the Contrac tor changes the origina l na ture
of Contrac t he shal l neverthe less carry i t out and
disagreement as to the na ture of the Work and the rate
to be pa id therefore shall be resolved in accordance
with Clause No.114.
The t ime for comple t ion of the Works, sha l l in the
event of any devia t ions resul t ing in addi t ional cost
over the Contrac t Sum being ordered, be extended or
reduced reasonably by the Engineer . The Engineer’s
dec is ion in this case shal l be f ina l .
177. Levels
Al l levels referred to in connection with these Works
are based on Great Trigonometr ic survey (G.T.S. )
levels. The Contractor should a lso keep the level ing
ins t rument in good Working condi t ion through out the
period of construct ion Work on si te .
178. Set t ing Out
the Work.
The Engineer sha ll supply dimensioned drawings,
levels and other information necessary to enable the
Contractor to se t out the works . The Contractor sha l l
provide a l l set t ing out appara tus a t h is own cost , such
as level ing ins t ruments in good working condi t ion and
appl iances, a l l pegs , ranging rods , long measuring
rods , marked metres and organisat ion and each metre
and organisa t ion numbered, pots and s ight-ra i ls ,
boning rods , moulds , templa tes, e tc . together wi th any
reasonable number of labourers tha t may be reuired
and se t out the work and be responsible for the
accuracy of the same. The Contrac tor sha l l amend at
his own cost and to the sat isfac t ion of the Engineer
any error found a t any s tage which may ar ise through
inaccurate se t t ing out . The Contrac tor sha l l protec t and
preserve a l l bench marks used in se t t ing out the work
t i l l the end of Defec ts Liabi l i ty period unless the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
59 -
Signature of Tenderer No. of Corrections Signature of City Engineer
59
Engineer di rec ts i ts ear ly removal . The Contrac tor
should also keep level ing ins t rument in good working
condi t ion throughout the period of construc t ion work
on s i te .
179. Works Closed
Between
Sunset and
Sunrise or on
Sundays and
Hol idays
No Work shal l be done between sunset and sunrise or
on Sunday or Municipa l hol idays and except with the
specia l sanct ion of the Engineer in wri t ing previously
obta ined and the wi thholding of such sanct ions shal l
be no ground of compla int on the part of contrac tor or
cause for compensation to him, or excuse for not
comple t ing the Work within the contract period. The
period within which the Work has to be carr ied out and
comple ted has been f ixed in te rms of this c lause wi th
the provis ion tha t the tota l number of hours of Work
permiss ible shal l not exceed 48 hours in a week and in
no case more than 8 hours on any Working day, the
ac tua l t ime within which the said hours shal l be
Worked being subjec t to mutual a rrangements wi th the
Contractor a t the commencement of the Works or f rom
t ime to t ime as may be required and provided tha t al l
Works shal l be s topped for rest and meals for one hour
a t about mid-day exclusive of the permiss ible hours
aforesaid for the Works.
Though sanction may be accorded to the Contractor to
Work on days and a t t imes otherwise normal ly non-
permiss ible under this Contrac t , the Contrac tor sha l l
be required to bear the cost for such supervis ion as in
the opinion of the Engineer may be necessary a t these
t imes.
I t should be dis t inc tly unders tood tha t the grant ing of
permiss ion to Work extra hours or to Work on Sundays
and hol idays wi l l be ent i rely a t the discre t ion of the
Engineer and cannot be c la imed by the contrac tor as a
mat ter of r ight .
I f on the other hand the Engineer requires tha t the
Work shal l be proceeded with on days and a t t imes
otherwise normal ly non-permiss ible under this contrac t
the contrac tor sha ll proceed with the Work but he wil l
not be required in such cases to bear the cost of the
Munic ipa l es tabl ishment employed a t the t ime.
The contrac tor a t a l l t imes during the cont inuance of
this contrac t sha l l in a l l h is deal ings wi th loca l labour
for the t ime being employed on the Works
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
60 -
Signature of Tenderer No. of Corrections Signature of City Engineer
60
contemplated by this contrac t have due regard to a l l
local fes t iva ls and re l igious or othe r customs and
a l l d isputes, mat ters and quest ions ar is ing be tween the
contrac tor and any of his agent on the one hand and
any loca l labour on the other hand with respect to any
mat ter or thing in any way connected with this contract
sha l l be decided by the Commissioner whose decis ion
shal l be f ina l and binding on a l l part ies.
180. Work to be in
Accordance
with Contrac t .
The Contractor shall execute and complete the Works and remedy
any defects therein in strict accordance with the Contract to the
satisfaction of the Engineer.
181. Duties and
Powers of the
Engineer’s
Representa t ive
The duties of the representative of the Engineer are to check, watch
and supervise Work and to test and examine any material to be used
or Workmanship employed in connection with the Works. He shall
have no authority to relieve the Contractor of any of his duties or
obligations under the contract nor to except as expressly provided
here under or elsewhere in the contract to order any Work involving
delay or any extra payment by the Corporation or to make any
variation of or in the Works.
Fa i lure of the representat ive of the Engineer to
disapprove any Work or materia l sha l l not prejudice
the power of the Engineer thereaf ter to disapprove
such Work or materia l and to order the pul l ing down,
removal or breaking up thereof .
I f the contrac tor shal l be dissa t isf ied wi th any decis ion
of the representa t ive of the Engineer he shal l be
ent i t led to refer the mat ter to the Engineer who shal l
thereupon confi rm, reverse or very such decis ion.
182. Engineer’s
Decision
The whole of the Work shal l be under the di rect ion of
the Engineer, whose decis ion shal l be f ina l , conclusive
and binding on a l l part ies to the contrac t , on a l l
quest ions re la t ing to the construc t ion
and meaning of plans , Working drawings, sec t ions and
specif ica t ions connected with the Work.
183. Inst ruc t ions to
Contractor
The Contrac tor or his agent sha ll be in a t tendance a t
the s i te (s) during a l l Working hours and shall
supervise the execut ion of the Works wi th such
addi t ional ass istance in each t rade as the Engineer may
consider necessary. Orders given to the Contractor’s
agent sha ll be considered to have the same force as if
they had been given to the Contractor himself .
The Engineer shall communicate or confirm his instruction to the
Contractor in respect of the execution of Work in a “Works site
order Book” maintained in the office of the Engineer and the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
61 -
Signature of Tenderer No. of Corrections Signature of City Engineer
61
Contractor or his authorised representative shall confirm receipt of
such instructions by signing the relevant entries in this book. If
required by the Contractor he shall be furnished a certified true copy
of such instruction(s). If the Contractor fails to comply with the
instruction(s) of the Engineer, the Engineer may impose the daily
penalty of Rs.500 (Rupees Five Hundred) for each of such defaults.
This penalty will not prejudice the right of the Municipal
Commissioner or the Engineer to claim compensation.
184. Work Order
Book
A Work order book shal l be mainta ined on s i te and i t
sha l l be the property of Corpora t ion and the Contrac tor
sha l l promptly s ign orders given there in by Engineer
or his representa tives and his superior off icers and
comply with them. The Contrac tor sha l l report the
compliance in good t ime so tha t i t can be checked. The
contrac tor wi l l be a l lowed to copy out ins t ruc t ion
there in f rom t ime to t ime.
185. Management
Meet ing
Ei ther the Engineer or the Contrac tors may require the
other to a t tend Management meeting. The business of a
management meet ing shal l be to review the plans for
remaining Works.
Engineers sha l l record the business of management
meet ings and is to provide copies of his record to
those a t tending the meet ings . The responsibi l i ty of the
part ies for act ions to be taken is to be decided by the
Engineer e i ther a t the management meet ings or a f te r
the management meet ings and s ta ted in wri t ing to a l l
who at tend the meetings .
186. Materia ls (a) Material to be provided by the Contractor:
The Contractor shall, at his own expense, provide all materials
required for the Works.
All materials to be provided by the Contractor shall be in conformity
with the specifications laid down in the contract and the Contractor
shall, furnish proof to the satisfaction of the Engineer that the
materials so comply. Contractor shall produce proof viz. challans,
bills, vouchers etc. so as to ensure that the material was brought on
site and quantities used as per the norms, specifications etc.
Off icers of the Corpora t ion concerned with the Work
shal l be ent i t led a t any t ime to inspect and examine
any materia l in tended to be used in or on the Works
e i ther on the s i te or a t fac tory or Workshop or other
places where such materia ls a re assembled, fabrica ted
or manufactured or a t any place(s) where these are
laying or f rom which these are be ing obta ined and the
Contractor sha l l give such fac i l i t ies as may be required
for such inspect ion and examinat ion. The materia ls
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
62 -
Signature of Tenderer No. of Corrections Signature of City Engineer
62
brought on s i te outside Working hours shal l be s tacked
separa tely t i l l they are inspected by the Engineer or
his representat ive .
Al l mater ials brought to the si te sha l l not be removed
of f the s i te wi thout the prior wri t ten approval of the
Engineer . But whenever the Works are f ina l ly
comple ted the Contrac tor sha l l a t h is own expense
forthwith remove from the s i te al l surplus materia ls
or igina l ly suppl ied by him.
The Contrac tor sha ll , a t h is own expense and without
de lay, supply to the Engineer samples of mater ia ls
proposed to be used in the Works. The Engineer sha l l
wi thin seven days of supply of samples or wi thin such
further period as he may require and int imated to the
Contractor in wri t ing, inform the Contrac tor whether
the samples are approved by him or not . I f the samples
are not approved the Contrac tor shal l forthwith arrange
to supply to the Engineer for approval f resh samples
complying with the specif ica t ions laid down in the
contrac t .
The Engineer sha l l have ful l powers to require removal
of any or a l l of the materia ls brought to s i te by the
Contractor which are not in accordance with the
contrac t specif ica tions or which do not conform in
charac ter or qual i ty to the samples approved by him.
In case of defaul t on the part of the Contrac tor in
removing the re jec ted materials , the Engineer sha l l be
a t l iberty to have them removed by other means. The
Engineer sha l l have ful l powers to procure other
proper materia ls to be substi tuted for rejec ted
materia ls and in the event of the Contrac tor refusing to
comply, he may cause the same to be suppl ied by other
means. Al l costs, which may a t tend upon such removal
and/or subst i tut ion shal l be borne by the Contractor .
Subjec t as here inafter provided in Clause No.98 a ll
charges on account of Octroi , te rminal or sa les tax
and other duties on materia l obta ined for the Works
f rom any source shal l be borne by the Contrac tor.
The Engineer shall be entitled to have tests carried out as specified
in the contract for any materials supplied by the Contractor other
than those for which as stated above, satisfactory proof has already
been produced, at the cost of the Contractor and the Contractor shall
provide at his expense all facilities which the Engineer may require
for the purpose.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
63 -
Signature of Tenderer No. of Corrections Signature of City Engineer
63
If no tests are specified in the contract, and such tests are required
by the Engineer the Contractor shall provide all facilities required
for the purpose and charges for these tests shall be borne by the
Contractor only if the tests disclose that the said materials are not in
accordance with the provision of the contract.
The cost of the materia ls consumed in tes t shal l be
borne by the Contrac tor in a l l cases except when
otherwise provided.
For carrying out tests on soil, cement, sand, aggregate, brick and
concrete etc. the standard will be as prescribed in relavant I.S. The
Engineer may direct the Contractors to get the samples of materials
tested in CIDCO, PWD, VJTI, IIT, or any approved laboratory out
of those accredited by National Accreditation Board of Laboratories,
Govt. of India. The results of the tests shall be binding on the
Contractor and Corporation. In case the Contractor disputes the
results of tests, it is open for him to ask for the re-testing in which
case the cost shall be borne by the Contractor. The decision of the
Engineer on acceptability or re-testing by Corporation or testing
again independently in VJTI or IIT will be binding on both the
parties to the contract.
187. Stock of
Materia ls
Required
(a)The Contractor sha l l a t h is own expense provide and
furnish himself with sheds and yards in such s i tua tions
and in such numbers as, in the opinion of the Engineer
are requis i te for carrying out the Works under this
contrac t , and the Contrac tor shal l keep a t each of such
sheds and yards a suf f icient quant i ty of mater ia ls in
s tock so as not to de lay the carrying out the Works
wi th due expedi t ion and the Engineer and his sub-
ordinates shal l have f ree access to the sa id sheds or
yards a t any t ime for the purpose of inspect ing the
s tock of materia ls so kept in hand any material or
a r t icle , which the Engineer may objec t to , sha l l not be
brought upon or used in the Work but sha l l be
forthwith removed f rom the sheds or yards by the
Contractor a t h is own cost . The Contractor wi l l
however be a l lowed to use for the above purpose the
comple ted port ion of the bui ldings if avai lable.
(b) General :
Cement brought on s i te by the Contractors shal l be
s tored in waterproof godown with two locks on each
door. The key of one lock of each door shal l remain
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
64 -
Signature of Tenderer No. of Corrections Signature of City Engineer
64
with the Engineer or his representat ive and tha t of the
other lock with the Contractor’s organisa t ion agent a t
s i te of Works so that cement
is removed f rom the godown only according to da i ly
requirements wi th the knowledge of both the part ies.
188. Product ion of
Vouchers
The Contrac tor sha ll , produce al l quotat ions , invoices
vouchers and accounts or rece ipts e tc . to prove that the
materia ls supplied by him are in conformity wi th the
specif ica t ions la id down in the Contrac t and the same
are brought to the s i te and ut i l ized on the said Works.
189. Plant and’
Equipment
The Contractor shall arrange at his own expense all tools, plant
and equipment required for execution of Works. If required by the
Contractor and if available the Corporation may supply such of the
tools, plant and equipment as are available, to the Contractor at the
rates and terms to be specified by the Engineer. No tools, plant and
equipment once brought to the Work site shall be removed without
the written permission or order of the Engineer, until he has certified
the completion of the Work.
I f any Tools , Plants and equipment brought on s i te , a re
in the opinion of the Engineer inef f icient , bad or of
infer ior qual i ty or a re unsui ted for the Works then
such tools, p lant and equipment shal l not be used on
the Works but sha l l be removed by the Contractor at
h is own expense wi thin twenty four hours af ter the
service of a wri t ten order or not ice f rom the Engineer
to tha t effec t and fresh tools, p lant and equipment be
subst i tuted in l ieu of tha t ordered to be removed by the
Engineer .
190. Inspect ion &
Approval
Al l Works embracing more than one process shal l be
subjec t to examination and approval at each stage
thereof and the Contrac tor sha l l
give due not ice to the Engineer or his organisa t ion
representa tive when each s tage is ready. In defaul t of
such not ice, the Engineer sha l l be ent i t led to appra ise
the qual i ty and extent thereof .
No Work shall be covered up or put out of view without the
approval of the Engineer or his organisation representative and the
Contractor shall afford full opportunity for examination and
measurement of any Work which is about to be covered up or out of
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
65 -
Signature of Tenderer No. of Corrections Signature of City Engineer
65
view and for examination of foundation before permanent Work is
placed thereon.
The Contractor shall give due notice to the Engineer or his
organisation representative whenever any such Work or foundation
is ready for examination and the Engineer or his representative shall
without unreasonable delay, unless he considers it necessary and
informs the Contractor in writing accordingly, attend for the purpose
of examining and measuring such Work or examining such
foundations. In the event of the failure of the Contractor to give such
notice he shall, if required by the Engineer, uncover such Work at
the Contractor’s expense.
Departmental officers concerned with the Works shall have powers
at any time to inspect examine any part of the Works
and the Contractor shall give such facilities as may be required for
such inspection & examination.
191. Uncovering
and Making
Good
No part of the Works shal l be covered up or put out of
view without the approval of the Engineer . The
Contractor sha l l uncover any part of the Works and/or
make opening in or through the same as the Engineer
may f rom t ime to t ime direc t for his veri f ica t ion and
shal l reins tate and make good such part to the
sa t isfac tion of the Engineer , i f any such part has been
covered up or put out of view af ter be ing approved by
the Engineer and is subsequent ly found on uncovering
to be executed in accordance with the contrac t , the
expenses of uncovering and/or making openings in or
through, re instat ing and making good the same shall be
borne by the Corpora t ion. In any other case a l l such
expenses shal l be borne by the Contrac tor .
192. Contractor to
Search
The Contractor shal l , i f required by the Engineer in
wri t ing, search under the di rec tion of the Engineer for
the cause of any defec t , imperfec t ion or faul t
appearing during the progress of the Work or in the
period of maintenance. Unless such defec t ,
imperfec t ion or faul t sha ll be one for which the
Contractor is l iable under the contrac t , the cost of the
Work carr ied out by the Contrac tor in searching as
aforesaid shal l be borne by the Corpora t ion.
I f such defec t , imperfec t ion or faul t sha l l be one for
which Contractor is l iable as aforesa id, the cost of the
Work carr ied out in searching as aforesa id shal l be
borne by the Contrac tor and he shall in such case
repair, rec ti fy and make good such defect ,
imperfec t ion or fault , a t h is own expense.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
66 -
Signature of Tenderer No. of Corrections Signature of City Engineer
66
193. Defaul t of
Contractor in
Compliance
In case of defaul t on the part of the Contrac tor in
carrying out such ins t ruc t ion within the t ime specif ied
there in or, i f non, wi thin a reasonable t ime, the
Corpora t ion shal l be enti t led to employ any other
persons to carry out the same and al l costs consequent
thereon or inc idental there to shal l , a f te r due
consul ta t ion with the Corpora tion and the Contrac tor,
be de termined by the Engineer and shall be
recoverable f rom the Contrac tor by the Corpora t ion
f rom any monies due or to become due to the
Contractor and the Engineer sha l l not ify the Contrac tor
accordingly.
194. Urgent Works If any Urgent Work ( in respect whereof the decision of
the Engineer sha l l be f ina l and binding) becomes
necessary and the Contrac tor is unable or unwil l ing a t
once to carry i t out , the Engineer may by his own or
other Work people, carry i t out as he may consider
necessary. If the urgent Work shal l be such as the
Contractor is l iable under the contrac t to carry out at
h is expense a l l expense incurred on i t by the
Corpora t ion shal l be recoverable f rom the Contrac tor
and be adjusted or se t of f against any sum payable to
him.
PART – IV
TIME SCHEDULE AND DELAYS
195. Commenceme
nt Time
The t ime al lowed for execut ion for the Works as
specif ied in the contrac t documents shal l be the
essence of the contrac t . The execut ion of the Works
shal l commence f rom the da te specif ied by the
Engineer in wri t ing. I f the Contrac tor fai ls or neglec ts
to commence the execution of the Works as
aforesaid, the Corpora t ion shal l wi thout prejudice to
any other r ight or remedy be a t l iberty to forfe i t the
securi ty deposit absolute ly.
196. Extension of
Time for
Complet ion
due to
Monsoon.
In any case where the t ime prescribed for comple t ion
of any Work is exclusive of monsoon period. No new
t rench Work should be s tar ted af ter 15t h
May and
exis t ing t renches are required to be re insta ted by 31s t
May every year . The s i te shal l be c leared in al l respect
inc luding removal of surplus material on or before 10t h
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
67 -
Signature of Tenderer No. of Corrections Signature of City Engineer
67
June of every year . The monsoon period shall be
deemed to be f rom 10t h
June to 30t h
Sept. of the
ca lendar year .
However, i f the Contractor is permit ted by the
Engineer to Work during any monsoon. Period, a l l
such period shal l be taken into account for the
ca lcula t ing the contrac t period on pro-ra ta basis as
under .
Cost of Work done
Effec t ive during monsoon
days = --------- ---- ---- x No. of days of
Tota l cost of Contrac t period
Contract Work
In the event of the Contractor fa i l ing to comply with
this condi t ion. He shal l be l iable to pay as
compensation as stated in Clause No.90.
197. Extension of
Time due to
Unforsean
events
If the work be de layed by –
(a)Force measure such as ac ts of God, ac t of publ ic
enemy, ac t of government, f loods, epidemics e tc . or
(b) Abnormal ly bad weather, or
I Serious loss or damage by f i re or
( i ) Civi l commotion, loca l combination of
workmen, st r ike or lockout a ffec ting any of the
t rades employed on the work, or
( j ) Delay on the part of other Contrac tor or
t radesmen engaged by the Munic ipa l
Corpora t ion in execut ing works not forming part
of the contrac t or
(f ) The reasons s ta ted in condi t ion No 84 and 85.
(g) Any other cause, in the absolute discre t ion of the
Engineer .
Then upon the happening of any such event causing
delay, the Contrac tor shal l immedia te ly give not ice
there of in wri t ing to the Engineer but sha l l
neverthe less use constant ly his best endeavors to
prevent or make good the delay and shall do a l l tha t
may be reasonable required to the sa t isfac tion of the
Engineer to proceed with the work.
Request for extension of t ime, to be el igible for
considera t ion shal l be made by the Contrac tor in
wri t ing within 14 (fourteen) days of the happening of
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
68 -
Signature of Tenderer No. of Corrections Signature of City Engineer
68
the event causing delay. The Contrac tor may also, if
prac t icable indica te in such a request the period for
which extension is desi red. In any such case, the
engineer may give a fai r reasonable extension of t ime
for comple t ion of individual i tems or groups of i tems
of work for which separa te periods of comple t ion are
specif ied in the contrac t or the contac t as whole. The
decis ion of the Engineer in regard to the extension wil l
be communicated to the Contrac tor in wri t ing within a
reasonable t ime and the Contrac tor sha ll a lso be paid
such compensat ion tha t in the opinion of the Engineer
is fa i r and reasonable to cover the de lays resul t ing
f rom the provis ions under the sub c lause (e) above.
The t ime extended for comple ting the work shal l be the
essence of the contrac t for the period extended.
198. Network
Schedule &
Monthly Progress
Reports
(a)On award of the contrac t , the Contrac tor sha ll
submit the t ime schedule for the Works in the ‘ form
of PERT Net Works or Bar chart .
(b) The schedules shall be prepared in direct relations to the time
stated in the contract documents for completion of items or groups
of items of Work and or the contract as a whole. It shall indicate the
dates of commencement and completion of various activities of the
Work. And should conta in no ac t ivi t ies wi th a dura t ion
grea ter than 28 days . Miles tones would be so
de termined tha t at leas t 10 percent of the events a re
milestones and no two miles tones are more than 3
months apart .
The Engineer may approve the Schedule as submitted or suggest
modifications as he thinks necessary. The Contractor shall modify
the chart accordingly and obtain Engineer’s approval.
(c )The f ina l ized Network may be amended f rom t ime
to t ime, if fel t necessary by the Contrac tor, wi th the
approval of the Engineer.
(d)A f ixed sum shall be he ld in abeyance a t the t ime of
the next inter im payment for non-a t tainment of
each miles tone in the Network and shal l be re leased
only on comple t ion of the Work af ter deducting the
compensation for delay i f there is Contrac tor’s faul t as
per provis ion in Clause No. 86 and penal ty covered
under Clause No. 53. The f ixed sum shal l be :
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
69 -
Signature of Tenderer No. of Corrections Signature of City Engineer
69
Rs.10,000/- for all contracts over Rs.25 Lakhs and upto the value of
Rs.100 Lakhs.
Rs.20,000/- for all contracts over Rs. 1 crore and upto the value of
Rs.5 crores
Rs.35,000/- for all contracts over Rs. 5 crores and upto the value of
Rs.10 crores.
Rs.50,000/- for all contracts over Rs.10 crores.
If the attainment of the milestones is delayed for reason not
attributable to the Contractors no moneys will be held in abeyance.
199. Disrupt ion of
Progress for
Lack of
Drawings.
The Contrac tor sha l l give wri t ten not ice to the
Engineer whenever planning or progress of the Works
is l ike ly to be de layed or disrupted unless any further
drawing or order , inc luding a di rect ion, ins t ruc tion or
approval , i s i ssued by the Engineer wi thin a reasonable
t ime. The not ice shal l inc lude de ta i ls of the drawing or
order required and of why and by when i t i s required
and of any delay or disrupt ion l ike ly to be suf fered if
i t i s la te .
200. Delays of
Drawings
If by reason of any fai lure or inabi l i ty of the Engineer
to issue wi thin a t ime reasonable in a l l the
c i rcumstances any drawing or order requested by the
Contractor in accordance with the c lause 84 of this
condi t ion the Contrac tor suffers delay, then the
Engineer sha l l take such delay into account in
de termining any extension of t ime to which the
Contractor is ent i t led under sub-c lause (g) of Clause
No. 82 hereof . No moni tary c la im wil l be enter tained
on this account.
201. Monthly
Report
The Contrac tors wi l l be required to submit the monthly
progress reports by the 2n d
day of the fol lowing month
to the Engineer Fai lure on the part of the Contrac tor to
submit monthly report in t ime wil l a t t ract act ion as per
Clause No.83.
202. Rate of
Progress .
I f for any reason, which does not enti t le the Contrac tor
to an extension of t ime, the ra te of progress of the
Works or any Sect ion is a t any t ime, in the opinion of
the Engineer, too slow to comply with the Time for
Complet ion, the Engineer sha l l so not i fy the
Contractor who shall thereupon take such s teps as are
necessary, subjec t to the consent of the Engineer, to
expedite progress so as to comply with the Time for
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
70 -
Signature of Tenderer No. of Corrections Signature of City Engineer
70
Complet ion. The Contrac tor shal l not be ent i t led to
any addi t ional payment for taking such s teps . I f , as a
resul t of any not ice given by the Engineer under this
Clause, the Contrac tor considers tha t i t i s necessary to
do any Work a t night or on local ly recognized days of
res t , he shal l be ent i t led to seek the consent of the
Engineer so to do. Provided tha t if any s teps, taken by
the Contrac tor in meet ing his obl iga t ions under this
Clause, involve the Corpora tion in addi t ional
supervis ion costs, such costs sha l l be de termined by
the Engineer and shal l be recoverable f rom the
Contractor , and may be deducted by the Corpora t ion
f rom any monies due or to become due to the
Contractor and the Engineer sha ll not i fy the
Contractors accordingly.
203. Suspension of
Work
(a)The Contrac tor sha l l , on rece ipt of the order in
wri t ing of the Engineer, suspend the progress of the
Works or any part thereof for such t ime and in such
manner as the Engineer may consider necessary for any
of the following reasons: -
(i) On account of continued non-compliance of the instructions of
the Engineer or any other default on the part of the Contractor, or
i i ) for proper execution of the Works or part thereof
for reasons other than the defaul t of the Contractor , or
( i i i ) for safety of the Works or part thereof .
The Contractor shall, during such suspension, properly protect and
secure the Works to the extent necessary and carry out the
instructions given in that behalf by the Engineer.
(b) If the suspension is ordered for reasons (ii) and (iii) in sub-para
(a) above, the Contractor shall be entitled to an extension of time
equal to the period of every such suspension plus a reasonable time
as decided by the Engineer.
I I f the suspension is ordered for reasons of ( i ) in sub-
para (a) above, the Engineer shal l have powers to
suspend the payment under the contrac t . Such
suspension of payment may be cont inued unt i l default
sha l l have been recti f ied.
204. Stoppage /
Al tera tion /
Rest r ic t ion of
Work.
5) If a t any t ime af ter the execut ion the contrac t
documents the Engineer sha l l for any reason
whatsoever (other than defaul t on the part of
Contractor for which the corpora t ion is ent i t led to
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
71 -
Signature of Tenderer No. of Corrections Signature of City Engineer
71
resc ind the contract) desi res that the whole or any part
of the Work specif ied in the tender should be
suspended for any period or tha t the whole or part of
the Work should not be carr ied out, a t a l l he shal l
give to the Contrac tor a not ice in wri t ing of such
desi re and upon the rece ipt of such not ice the
Contractor sha l l for thwith suspend of stop the Work
whol ly or in ar t as required, a f te r having due regard to
the appropria te s tage a t which the Work should be
s topped or suspended so as not to cause any damage or
injury to the Work a l ready done or endanger the
safe ty there of provided tha t the decis ion of the
Engineer as to the s tage a t which the Work or any part
of i t could be or could have been safe ly s topped or
suspended shal l be f ina l and conclusive against the
Contractor . The Contrac tor shal l have no c la im to any
payment or compensat ion whatsoever by reason of or
in pursuance of any not ice as aforesa id, on account of
any suspension, s toppage or curtai lment except to the
extent specif ied here inaf ter.
6) Where the tota l suspension of Work ordered as
aforesaid cont inued for a cont inues period exceeding
90 days the Contrac tor sha l l be l iberty to wi thdraw
f rom the contrac tual obl iga t ions under the contrac t so
far as i t per ta ins to unexecuted part of the Work by
giving a 10 days prior not ice in wri t ing to the
Engineer , wi thin 30 days of the expiry of the sa id
period of 90 days , of such intent ion and requir ing the
Engineer to record the f ina l measurement of the Work
a l ready done and to pay f ina l bi l l . Upon giving such
not ice the Contrac tor sha l l be deemed to have been
charged f rom his obl iga t ions to comple te the
remaining unexecuted Work under his contrac t . On
rece ipt of such notice the Engineer sha l l proceed to
comple te the measurements and make such payments
as may be f ina l ly due to the Contrac tor wi thin a
period of 90days f rom the rece ipt of such not ice in
respect of the Work a l ready done by the Contrac tor.
Such payment shall not in any manner pre judice the
r ight of the Contrac tor to any further compensat ion
under the remaining provis ions of this clause.
7) Where the Engineer required the Contrac tor to
suspend the Work for a period in excess of 30 days a t
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
72 -
Signature of Tenderer No. of Corrections Signature of City Engineer
72
any t ime or 60 days in the aggregate , the Contractor
sha l l be ent i re to apply to the Engineer wi thin 30 days
of the resumption of Work af ter such suspension for
payment of composi t ion to the extent of pecuniary
loss suffered by him in respect of Working machinery
remain idea l on the s i te of on the account of his
having and to pay the sa lary or wages of , labour
engaged by him during the said period of suspension
provided a lways tha t the Contractor sha l l not be
ent i t led to any c laim in respect of any such Working
machinery, sa lary or wages for the f i rs t 30 days
whether consecut ive or in the aggregate or such
suspension or in respect or any suspension whatsoever
occasioned by unsa t isfac tory Work or any other
defaul t on his part . The decis ion of the Engineer in
this regard shal l be f ina l and conclusive against the
Contractor .
8) In the event of –
i ) Any tota l s toppage of Work on not ice
f rom Engineer under sub c lause (1) in tha t behalf .
i i ) Withdrawal by the Contractor f rom the
contrac tua l obl igat ions complete the remaining
unexecuted Work under sub c lause (2) on account of
cont inued suspension of Work for a period exceeding
90 days .
I t sha l l be open to the Contractor , wi thin 90 days f rom
the service of ( i ) the not ice of s toppage of Work or
( i i ) the not ice of wi thdrawal f rom the contractual
obl iga t ions under the contrac t on account of the
cont inued suspension of Work ( i i i ) not ice under
c lause 20 (1) resul t ing in such curta i lment to produce
to the Engineer sa t isfac tory documentary evidence
tha t he had purchased or agreed to purchase materia l
for use in the contrac ted Work, before rece ipt by him
of the not ice of s toppage , suspension or curta i lment
and require Government to take over on payment such
materia l a t the rated de termine by the Engineer
provided, however, such ra tes sha ll in no case exceed
the rates a t which the same was acquired by the
Contractor . The corpora t ion shall thereafter take over
the materia ls so of fered, provided the quant i t ies
of fered, a re not in excess of the requirements of the
unexecuted Work as specif ied in the accepted tender
and are of quali ty and specif ica tions approved by the
Engineer .
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
73 -
Signature of Tenderer No. of Corrections Signature of City Engineer
73
205. Liquidated
Damages for
Delay.
I f the Contrac tor fa i ls to comple te the Works and c lear
the Si te on or before the Contrac t or extended
Date(s) /period(s) of comple t ion, he shall , wi thout
prejudice to any other r ight or remedy of Corpora t ion
on account of such breach, pay as agreed
compensation, amount calcula ted as s t ipula ted be low
(or such smal ler amount as may be f ixed by the
Engineer) on the Contrac t Value of the whole Work or
on the Contrac t Value of the i tem or group of i tems of
Work for which separa te period of comple t ion are
given in the contract and of which comple t ion is
de layed for every week tha t the whole of the Work of
i tem or group of i tems of Work concerned remains
uncomple ted, even though the contrac t as a whole be
comple ted by the contrac t or the extended date of
comple t ion. For this purpose the te rm “Contract
Value” shal l be the va lue of the Work a t Contract
Rates as ordered including the va lue of a l l devia t ions
ordered:
(a )Complet ion period for @ 1 percent
(or igina l ly s t ipula ted per week
or as extended ) not
exceeding 6 months
(b) Comple t ion period for @1/2 percent
(as or igina lly s t ipula ted per week
as extended )
exceeding 6 months and
not exceeding 2 years
(c )Complet ion period (as @ ¼ percent
or igina l ly s t ipulated per week
or as extended )
exceeding 2 years
the under noted percentage of the Contrac t Value of
the i tem or group of i tems of Work for which a
separa te period of comple t ion is given.
When the delay is not a full week or in multiple of a week but
involves a fraction of a week the compensation payable for that
fraction shall be proportional to the number of days involved.
Provided always that the tota l amount of compensat ion
for de lay to be pa id this condit ion shal l not exceed
(a)Complet ion period (as 10 percent
or igina l ly s t ipulated
or as extended ). Not
exceeding 6 months
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
74 -
Signature of Tenderer No. of Corrections Signature of City Engineer
74
(b) Comple t ion period 7 ½ percent
(as or igina lly s t ipula ted
or as extended )
exceeding 6 months and
not exceeding 2 years
(c )Complet ion period 5 percent
(as or igina lly s t ipula ted
or as extended )
exceeding 2 years
The amount of l iquidated damages may be adjusted se t
of f against any sum payable to the Contrac tor under
this or any other contrac t wi th the corpora t ion or f rom
the securi ty deposi t of the Contrac tor ent i rely a t the
discre tion of the corpora t ion.
PART – V
BILLS AND PAYMENTS
206. Method of
Measurement
Except where any genera l or de ta i led description of
the Work in bi l ls of quanti t ies or schedule of
Works/ i tems/quant i t ies express ly shown to the
contrary, bi l l s of quant i t ies sha l l be deemed to have
been prepared and measurements shal l be taken in
accordance with the procedure se t for th in the schedule
of ra tes /specif ica tions notwithstanding any provis ion
in the re levant s tandard Method of Measurement or
any genera l or local custom. In the case of i tems,
which are not covered by the schedule of ra tes /
specif ica t ions, measurement shal l be taken in
accordance with the re levant Standard specif ica t ions
publ ished by PWD Govt . of Maharastra and for the
works not covered in this publ ica t ion, measurements
shal l be taken as per the codes by Bureau of Indian
s tandards . .
207. Records and
Measurement
The Contrac tor sha l l submit to the Engineer the
monthly s ta tements of the es t imated va lue of the work
comple ted less than the cumula t ive amount cer t i f ied
previously. The monthly s ta tements shal l be in the bi l l
form specif ied by the Engineer and i t sha l l be
submit ted on or before the da te inst ruc ted by the
Engineer . These monthly bi l l s sha l l be supported wi th
de tai led measurements for the gross quant i ty of the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
75 -
Signature of Tenderer No. of Corrections Signature of City Engineer
75
work done duly deduct ing the gross quant i ty pa id in
the previous bi l l . The Contrac tor is permit ted to copy
down the correc t ions in the bi l ls paid as per the
Engineers cer t if ication. Upon rece ipt of the bi l l and
measurements by the Contractors , the Engineer sha ll
except as otherwise s ta ted ascerta in and determine by
measurement the value in accordance with the contract
of work done in accordance therewith.
Al l i tems having a f inancia l va lue shall be entered in
measurement Book e tc . as prescribed by the
corpora t ion so tha t a comple te record is obta ined of a l l
the Works performed under the contrac t .
Measurements shal l be taken joint ly by the Engineer or
his organisa t ion representa t ive and by the Contrac tor
or his organisa t ion representa t ive. Before taking
measurements of any work the Engineer or the person
deputed by him for the purpose shall give a reasonable
not ice to the Contrac tor. If the Contrac tor fa i ls to
a t tend or send an organisa t ion representa tive for
measurement af ter such a not ice or fa i ls to counters ign
or the objec t ion within a week f rom the date of
measurement , then in any such event measurement
taken by the Engineer or by the person deputed by him
shal l be taken to be correc t measurements of the works
and shal l be binding on the Contrac tor.
The Contrac tor sha l l , wi thout any extra charge,
provide ass is tance wi th every appl iance and other
things necessary for measurements.
Measurements shall be s igned and dated by both
part ies each day (of taking measurement) on the s i te
on comple t ion of measurement.
208. Payments of
Bi l ls and
Other Claims
The payment of bi l l s and other c la ims ar is ing out of
the contrac t wi l l be made by Account Payee Cheque
drawn in the name of ‘Agency’.
209. Ful l
Provis ions
The ra tes inserted by the corporat ion against various
i tems of Work deta i led in various parts of scheduled
shal l be deemed to inc lude every a l lowance necessary,
wi thout extra measurement or charge for meet ing the
requirement of various components / parts of the
contrac t documents (viz part icular specif ica tions, PWD
of s tandard specif ica t ions, Maharashtra schedule of
ra tes, MOST specif ica tions, BIS specif ica tions,
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
76 -
Signature of Tenderer No. of Corrections Signature of City Engineer
76
Special Condi t ions, preambles and notes to schedule of
i tems descript ion of schedule i tems which shal l a l l be
read together and any or of the fol lowing unless
specif ica l ly provided for the contrary.
y) Compliance wi th a l l the condi t ions of contrac t
inc luding General Condi t ions of Contrac t , schedule of
ra tes and Quanti t ies, Part icular Specif ica tions,
Drawings inc luding Notes thereon, Specif ica t ions in
s tandard Specif ica t ions of PWD of Maharashtra and
MJP re levant Indian Standard Specif ica t ions wherever
appl icable. However, in case of any discrepancy
between drawing and tender , the tender i tem and
specif ica t ion shall prevai l . I f there is discrepancy in
tender specif ica tions , the order of preference shall be
1s t
spec if icat ion of Maharashtra Sta te PWD, MJP,
MOST and las t ly BIS.
z) All labour, mater ia ls , tool and plants,
equipments and t ransport which may be required in
prepara tion for and in the ful l and ent i re execut ion and
comple t ion of the Works inc luding waste of mater ia ls ,
carr iage and cartage, carrying in , re turn of empties,
hois t ing, set t ing, f ixtures and f i t t ings in posi t ion.
aa) Local condi t ions: Nature of Works, local
fac i l i t ies for supply of labour and materials
access ibi l i ty’s to s i tes and a l l o ther mat ters effec t ing
the execut ion and comple t ion of the Works.
bb) Duties e tc : Payments of any Octroi ,
Terminal Tax, Sales Tax, Turnover Tax, Contrac t Sales
Tax, Tol l Tax, Ground Rent, Royal ty, Environmenta l
Cess, Local Bodies Cess, Taxes or any dut ies on
materia ls obtained for the Works and any dut ies in
respect of pa tent r ights .
cc) Supervis ion : Competent supervis ion of the
Work.
dd) Labour: Reasonable te rms and condi t ions
of employment, l iabi l i ty to pay compensat ion, Wages
as per s ta tutory enactment’s, temporary
accommodat ion, sani ta t ion, compliance wi th contrac t
labour ac t 1970 (Regula t ion and Abol i t ion) .
ee) Water: Provis ion of a l l water required
inc luding temporary plumbing and connection.
f f ) Temporary Work Shops, Stores, Off ices, Labour
Camps etc . Provis ions of such s t ruc tures required for
e ff ic ient execut ion of the Works and removing and
c leaning up si te on comple t ion of Works.
gg) Precaut ions Against Risks: Precaut ions to
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
77 -
Signature of Tenderer No. of Corrections Signature of City Engineer
77
prevent loss or damage f rom a l l or any r isk, insurance
of sheds or any temporary accommodat ion provided by
the corpora t ion watching and l ight ing, provis ions
perta ining to the Genera l Condi t ions of Contract .
hh) Notices, Fees e tc . : Compliance wi th
s ta tutory provis ions of regula t ions and/ or bye laws of
any local authori ty and/ or any publ ic service company
or authori ty affec ted by the Works.
i i ) Set t ing the Works inc luding a l l appara tus
required.
j j ) Site Drainage: Removal of a l l water tha t may
accumula te due to spring, sub soi l water, f lood/ t ides
and any other causes on the si te during the progress of
the Work.
kk) Execution of Work in Workmanl ike
manner, fac i l i t ies for inspection e tc .
l l ) Rect if ica tion of bad Work: Rect if ica tion and/ or
removal and reconstruc t ion of any Work which (as
dec ided by the Engineer) has been executed with
unsound or imperfec t mater ia ls or unski l led
Workmanship or of a qual i ty infer ior to tha t contrac ted
for , whether during construc t ion or reconstruct ion
prior to the expiry of the Defec t Liabi l i ty period.
mm) Responsibil i ty for damages and loss of a l l
construc tion materia ls e tc . , a t the s i te unt i l handing
over to the corpora tion.
nn) Removal of Rubbish: Removal of Rubbish
& debris & c leaning of any dir t before handing over
a l l comple t ion of woks.
oo) Cleaning s i te and Works: Removal by the
Contractor off the si te , of any tools , p la ts & materia ls
and sweeping bui lding, washing f loors , c leaning
joineries & removal of splashes of asphal t leaving the
whole s i te nea t and t idy.
pp) Complet ion: Comple t ing the Work to the
sa t isfac tion of the Engineer on or before s t ipulated the
da te of comple t ion.
qq) Difficult posi t ion: Accessibi l i ty or
otherwise to si te , easy or dif f icult posi t ion in Works.
r r) Errors : Recti f ica t ion of a l l defec ts during
construc tion & defec t l iabi l i ty period to the
sa t isfac tion of Engineer.
ss) Curved Works etc . Works of any quant i ty, s ize
or shape whether level , inc l ined, curved, ba t te red e tc .
t t ) Maker’s Ins t ruc t ion: Compliance wi th make’s
ins t ruc t ions in the case of proprie tary ar t ic les, fac tory
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
78 -
Signature of Tenderer No. of Corrections Signature of City Engineer
78
made good of precast i tems.
uu) Waste : Al l waste laps , seams, joints (rough
or fa i r cut t ing) s t ra ight / raking, ci rcular and making
good.
vv) Art i f icia l Lights : To include a l l
l ight ing/Kerosene or e lec t r ic power as the case may be
when need ar ises for use of l ight ing whi le carrying out
Works.
Construc t ion of approaches to the s i te of Work.
Making arrangements for proper access to Works in the
form of sta i rs , ladders , l i f t s e tc . as ordered by the
Engineer – in – Charge for proper supervis ions , test ing
and or inspect ion of Works inc luding materia l during
construc tion & defec t l iabi l i ty period.
210. Inter im
Payment
Inter im bi l ls sha l l be submitted by the Contractor f rom
t ime to t ime (but at an interval of not less than one
month) for the Works executed. The Engineer sha l l
a rrange to have the bi l l s veri f ied by taking or causing
to be taken, where necessary, the requisi te
measurement of Work. The joint measurement shall not
be an excuse for the Contrac tor to submit in termediate
bi l l s a t monthly or intervals not less than a month. Al l
in ter im bi l ls sha l l be f i rs t submit ted by the Contrac tor
wi th de ta i led measurements and thereafter only the
Engineer or his organisa t ion representat ive shal l carry
out joint veri f ica t ions or otherwise on record in the
measurement book before cert if ica tion of the bi l l s .
Payment on account for amount admissible shal l be
made on the Engineer cer t ifying the sum to which the
Contractor is considered ent i t led by way of
inter im payment for a l l the Work executed, a f te r
deducting there f rom the amount a l ready paid, the
securi ty deposi t / retent ion money and such other
amounts as may be deductible or recoverable in te rms
of the contrac t .
No inter im payment wi l l be admit ted unt i l such t ime
the Contrac tor have ful ly complied wi th
the requirement of the Condi t ion 84 concerning
submission and approval of NetWork Schedule for the
Works, as deta i led in Condi t ion 83. A f ixed sum shal l
be he ld in abeyance a t the t ime of next inter im
payment for non a tta inment of each miles tone in the
NetWork and shall be re leased only on a t ta inment of
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
79 -
Signature of Tenderer No. of Corrections Signature of City Engineer
79
the sa id miles tone
211. Modif icat ion
of Inter im
Cert if ica te .
An inter im cert if icate given re la t ing to Work done or
materia l de l ivered may be modif ied or correc ted by
any subsequent interim cert i f ica te or by the f inal
cer t if icate . No cert if ica te of the Engineer support ing
an inter im payment shal l of i t se lf be conclusive
evidence that any Work or materia ls to which i t rela tes
is /a re in accordance with the contrac t .
212. Income Tax
The Contrac tor sha l l pay Indian Income Tax on a l l
payments made to him under the Contract , o ther than
re imbursements made to him by the Corpora t ion to
cover payment by Contrac tor of minor custom dut ies
e tc . , or any other payment which the Contrac tor may
make on the Corpora t ion’s behalf . Under the
provis ions of Sec. 194-C of the Indian Income Tax
Act, the Corpora t ion is required to deduct Tax with
surcharge a t source a t prevai l ing ra tes from the gross
amount of each bi l l submit ted. Any expatr ia te s i te
s taf f or s taf f not normal ly res idents of India, employed
by the Contrac tor sha l l pay personal Income Tax on a l l
money earned and paid in India. The Contrac tor sha l l
perform such dut ies in regard to such deduct ions
thereof as may be imposed on him by such laws and
regula t ions.
213. Payment of
Taxes
The contrac tor sha l l pay a l l the taxes direc t ly to
respect ive organiza tions & to the Government. The
Corpora t ion shal l not take any responsibi l i ty for any
kind of tax payment to the Government or semi
Government bodies at any point of t ime.
The prices quoted by the Contrac tor sha l l inc lude a l l
customs dut ies, import dut ies, excise dut ies, business
taxes, income and other taxes tha t may be levied in
accordance to the laws and regula t ion in-force on the
Contractor’s Equipment, mater ia ls , supplies
(permanent, temporary and consumables) to be used on
or furnished under the contrac t and on the services to
be performed under the contract . Nothing in the
contrac t sha l l re l ieve the contrac tor f rom his
responsibi l i ty to pay any tax tha t may be levied or on
prof i ts made by him in respect of the contrac t .
The contractor shal l per form such dut ies in regard to
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
80 -
Signature of Tenderer No. of Corrections Signature of City Engineer
80
such deduct ions thereof as may be imposed on him by
such laws and regulat ions .
All c Charges on account of Octroi, terminal or Sales Tax and other duties
on material obtained for the Works from any source including the
tax applicable as per Maharashtra Sales Tax Act on the transfer of
property in the goods involved in the execution of Works contract
(re-enacted) Act, 1991 etc. shall be borne by the Contractor. Under
the provisions of the Maharashtra Sales Tax Act, the Corporation is
required to deduct Turnover Tax at source at the rates prevailing at
the time of payments.
The contrac tor sha l l submit form – 31 or such other
forms as are prescribed under the said ac t which is
required to be produced by the princ iple employer in
the events of any not ice by the Sales Tax Department
wi thin one month of issue of let te r of acceptance.
214. Deduct ion of
Contract Sales
Tax /
Turnover tax.
The Contrac tors a re required to produce the ir
regis t ra t ion for contrac t sa les tax/ turnover tax to the
department before re leasing the 1s t
R.A. bi l l for the
Work executed by them, fa i l ing which, no payment
shal l be re lease.
215. Provis ional
Sums.
(1)”Provis ional sum” means a sum inc luded in the
contrac t and so designated in the Bi l l of Quant i t ies for
the execut ion of Work or supply of goods, mater ia ls or
services or for cont ingencies, which sum may be used,
in whole or in part , or not a t a l l , a t the di rec tion and
discre tion of the Engineer . The contract pr ice shal l
inc lude only such amounts in respect of the Work,
supply or service to which such provis ional sum rela te
as the Engineer sha ll approve or determine in
accordance with this c lause.
(2) In respect of every provis ional sum the Engineer
sha l l have power to order to execute the Work,
inc luding goods, mater ia ls or services to be suppl ied
by the Contrac tor. The contrac t pr ice shal l include the
va lue of such Work executed or such goods, mater ia l
or services suppl ied de termined in accordance with
Clause No. 102.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
81 -
Signature of Tenderer No. of Corrections Signature of City Engineer
81
(3) The Contractor sha l l produce al l quota tions,
invoices, vouchers and accounts or rece ipts in
connect ion with expendi ture in respect of provis ional
sums.
216. Rates for
Excess in
I tems.
Quant i t ies shown in the tender are approximate and no
c laim shal l be enter ta ined for quant i t ies of work
executed be ing e i ther more or less than those entered
in the tender or es t imate. For purpose of this contrac t ,
the varia t ions/deviat ions in carrying out the i tems of
work shall not exceed plus or minus 25 percent of
contrac t sum. The devia t ion/varia t ion in the quant i ty
of individual i tems shal l not be taken as devia t ion or
varia t ion in the contrac t . The dif ference be tween the
tota l va lue of the work done and the Contrac t sum as
defined above wil l be only be considered for
devia t ion/varia t ion.
The Contrac tor sha l l a rr ive at the ra tes af ter careful ly
preparing the ra te analysis taking into considera tion
s i te condi t ions. For increase upto 25 percent over the
quant i ty shown in the bi l l of quant i t ies sha l l be pa id
a t , the ra te ment ioned in the bi l l of quant i t ies.
However, i f the quant i ty increases beyond 25 percent
of quant i ty shown in the bi l l of quant i t ies the excess
quant i ty beyond 25 percent shal l be priced as under:
The ra te shal l be worked out based on schedule ra te
wi th Contrac tor`s quoted percentage or current dis t r ic t
schedule of ra tes without Contrac tor`s quoted
percentage, which ever is less.
217. Rates for
Extra I tems.
Rates for such additional altered or, substituted Work shall be
determined as follows:
i) If rate for additional, altered or substituted item of Work is
specified in the bill of quantities and rates, the Contractor shall carry
out the additional, altered or substituted item at the same rate,
subject to 100 above.
i i ) I f ra te for any addi t ional , a l te red or subst i tuted
i tem of Work is not included in the bil l of quant i t ies
and ra tes, such i tem of Work shal l be carr ied out a t the
re levant Corpora t ion’s schedule of ra tes (Publ ic works
Department and M.J .P. schedule of rates for Thane
Dis t r ic t ) prevai l ing a t the t ime of execut ion of extra
Work (Quoted percentage wil l not be appl icable)
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
82 -
Signature of Tenderer No. of Corrections Signature of City Engineer
82
i i i ) I f the ra te for any addi t ional , a l te red or
subst i tuted i tem of Work cannot be de termined in the
manner specif ied in ( i ) & ( i i ) above , or the ra te so
de termined is found to be unreasonable, then the
Contractor wil l be pa id a t such fa i r and reasonable
ra tes as Worked out by the Engineer on the basis of
mater ia l , labour and opera t ions of construc t ion
equipment required to execute the i tem and al lowing
10 percent to cover prof i ts and overhead charges.
(iv) The Contractor shall submit to the Engineer his detailed rate
analysis for carrying out variation duly supported with quotations
and other supporting documents within 7 days of written instructions
to carry out variations. If the Contractor’s quotation is
unreasonable, the Engineer orders the variation and makes change to
the contract price which is based on his own forecast of the
variations on the Contractor’s cost. In case, the rates decided by the
Engineer are not acceptable to the Contractor, he shall continue with
the work and maintain contemporary records of actual expenses on
day-to-day basis with joint assessment/ verification. The Contractor
is not entitle for payment of actual expenses as per joint records
added with 10% for profit and overheads. Disagreement with the
rate fixed by the Engineer shall be informed by the Contractor
before commencing the work of variations, failing which the rate
fixed by the Engineer shall be final and binding on the parties to
contract.
218. Overpayment
and
Underpayment
Whenever any cla im for the payment of a sum to the
Corpora t ion r ises out of or under this contrac t against
the Contrac tor the same may be deducted by the
Corpora t ion f rom any sum then due or which at any
t ime thereaf ter may become due to the Contrac tor
under this contrac t and fa i l ing that under any contrac t
wi th the Corporat ion or f rom any other sum due to the
Contractor f rom the Corpora t ion (which may be
avai lable wi th the Corpora t ion) or f rom his securi ty
deposi t / re tent ion money, or he shal l pay the cla im on
demand.
The Corporation reserves the right to carry out post payment audit
and technical examination of the final bill including all
supporting voucher, abstracts etc. The Corporation further reserves
the right to enforce recovery of any over payment when detected.
If as a result of such audit and technical examination any
overpayment is discovered in respect of any Work done by the
Contractor or alleged to have been done by him under the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
83 -
Signature of Tenderer No. of Corrections Signature of City Engineer
83
Contract, it shall be recovered by the Corporation from the
Contractor by any or all of the methods prescribed above or if
underpayment is discovered the amount shall be duly paid to the
Contractor by the Corporation.
Provided tha t the aforesa id r ight of the Corpora t ion to
adjust overpayment against amount due to the
Contractor under any other contrac t with Corpora tion
shal l not extend beyond the period of two years f rom
the date of payment of the f ina l bi l l or in case the f ina l
bi l l i s a “Minus” bil l , f rom the da te of the amount
payable by the Contrac tor under the “Minus” bi l l i s
communicated to the Contrac tor.
Any amount due to the Contrac tor under this contrac t
for underpayment may be adjusted against amount then
due or which may at any t ime thereaf ter become due
before payment is to the Contrac tor, f rom him to
Corpora t ion on any other contrac t or account
whatsoever.
219. Payment of
Final Bi l l
Fina l jo int measurement a long-with the representa tives
of the Contrac tor should be taken, recorded and s igned
by the Contrac tors. Contractor should submit the f ina l
bi l l wi thin 1 month of physica l comple t ion of the
Work.
I f the Contrac tor fa i ls to submit the f inal bi l l wi thin 1
month, the Corpora tion s taff wil l prepare the f ina l bi l l
based on the joint measurement wi thin next 3 months.
Engineer’s dec ision shal l be f ina l in respect of c la ims
for defec t and pending c laims against Contrac tors.
No further c la ims should be made by the Contractor
a f te r submission of the f inal bi l l and these shal l be
deemed to have been waived and ext inguished.
Payment of those i tems of the bi l ls in respect of which
there is no dispute and of i tems in dispute, for
quant i t ies and ra tes as approved by the Commissioner
shal l be made within a reasonable period as may be
necessary for the purpose of veri f ica t ion e tc .
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
84 -
Signature of Tenderer No. of Corrections Signature of City Engineer
84
Af ter payment of the f ina l bi l l as aforesa id has been
made, the Contrac tor may, i f he so desi res, reconsider
his posi t ion in respect of a disputed port ion of the
f ina l bi l l and if he fa i ls to do so within 84 days , his
disputed c la im shal l be deal t wi th as provided in the
contrac t .
220.
Receipts to be
Signed
in Firm’s
Name by any
One of the
Partners
Every rece ipt for money which may become payable or
for any securi ty which may become t ransferable to the
Contractor under these present sha ll , i f s igned in the
partnership name by any one of the partners , be a good
and suff ic ient discharge to the Commissioner and
Corpora t ion in respect of the money
or securi ty purport ing to be acknowledged thereby, and
in the event of death of any of the partners during the
pendency of this contrac t , i t i s hereby express ly agreed
tha t every receipt by any one of the surviving partners
sha l l , i f so s igned as aforesaid, be good and suff ic ient
discharge as aforesaid provided tha t nothing in this
c lause conta ined shal l be deemed to prejudice
or effec t any cla im which the Commissioner or the
Corpora t ion may hereaf ter have against the legal
representa tives of any partners so dying or in respect
of any breach of any of the condit ions thereof ,
provided a lso tha t nothing in this c lause contained
shal l be deemed prejudice or af fec t the respect ive
r ights or obl iga t ions of the Contrac tor and of the legal
representa tive of any deceased Contrac tors interes t .
221. No Payment
on Account of
Price
Varia t ion of
Labour,
Materia l and
POL
Component
No materia l pr ice varia t ion wages esca la t ion on
individual i tem on account whatsoever and
compensation for ‘Force Majeure’ etc . sha ll payable
under this contrac t .
PART-VI
TERMINATION OF CONTRACT AND SETTELEMENT OF DISPUTES
222. Cancella t ion
of Contrac t in
Ful l or in
Part .
I f the Contrac tor:
(a )At any t ime makes defaul t in proceeding with the
Work with due di l igence and continues to do so af ter
not ice in wri t ing of fourteen days f rom the Engineer;
or
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
85 -
Signature of Tenderer No. of Corrections Signature of City Engineer
85
b) Commits defaul t in complying with any of the te rms
and condi t ions of contrac t and does not remedy i t
wi thin fourteen days af ter a not ice in wri t ing is given
to him in tha t behalf by the Engineer, or
(c )Fai ls to comple te the Works or i tems with
individual da tes of comple t ion, on or before the
da te(s) of comple t ion, and does not comple te them
within the period specif ied in a notice given in wri t ing
in tha t behalf by the Engineer, or
(d)Shal l of fer or give or agree to give to any person in
Corpora t ion’s Service or to any other person on his
behalf any gif t or considera t ion of any kind as an
inducement or reward for doing or forbearing to do or
for having done or forborne to do any ac t in re la t ion to
the obta ining or execut ion of this or any other contract
for the Corpora t ion, or
(e )Shal l obta in a contrac t wi th the Corpora t ion as a
resul t of r ing tendering or other non-bona-f ide
methods of competi t ive tendering or
f ) be ing an individual or a f i rm, any partner thereof ,
sha l l a t any t ime be adjudged insolvent or have a
rece iving order or order for adminis t ra t ion of his
es ta te made against him or shal l take any proceedings
for l iquidat ion or composi t ion (other than
voluntary l iquidat ion for the purpose of amalgamation
or reconstruc t ion) under any insolvency ac t for the
t ime being in force or make any conveyance of
ass ignment of his e ffec ts or composi t ion or
a rrangement for the benef i t of his c reditors or purport
so to do, or i f any appl ica t ion be made under any
Insolvency Act for the t ime being in force for the
sequest ra t ion of his es ta te or if a t rus t deed be
executed by him for his c reditors , or
g) Being a company, sha ll pass a resolut ion or the
court sha l l make an order for the l iquidat ion of his
a ffa i rs , or a rece iver or a manager on behalf of the
debenture holders sha l l be appointed or
c i rcumstances sha ll a r ise which ent i t le the Court or
debenture holders to appoint a rece iver or a Manager,
or
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
86 -
Signature of Tenderer No. of Corrections Signature of City Engineer
86
h) shall suffer an execution being levied on his goods and allow it to
be continued for a period of 21 days, or
Assigns, transfers, sublets (engagement of labour on a piece Work
basis or labour with materials not to be incorporated in the Work,
shall not be deemed to be sub-letting) or attempts to assign, transfer
or sub-let the entire Works or any portion thereof without the prior
written approval of the Commissioner; the Commissioner may,
without prejudice to any other right or remedy which shall have
accrued or shall accrue thereafter to the Corporation by written
notice cancel the contract as a whole or only such items of Work in
default from the contract.
i ) In the case of abandonment of the work owing to
ser ious i l lness or dea th of the Contrac tor .
223. Action When
Whole of
Securi ty
Deposi t i s to
be Forfe i ted
In the cases ment ioned in above c lause No. 107 the
Engineer , on behalf of the corpora tion shal l have
power to adopt any of the following forces, as he may
deem best sui ted to the interes t of the corpora t ion.
d) To resc ind the contrac t (for which resciss ion
not ice in wri t ing to the Contrac tor under the head of
Engineer sha l l be conclusive evidence) and in that
case the securi ty deposi t of the Contrac tor shal l
s tand forfe i ted and be absolute ly a t the disposal of
Corpora t ion
e ) To carry out Work or any part of the
departmenta l ly debit ing the Contrac tor wi th the cost
of the Work, expendi ture incurred on tools and plan
and charges on addit ional supervisory s taff inc luding
the cost of Work charge es tabl ishment employed for
ge t t ing the unexecuted part of the Work comple ted
and credi t ing him with the va lue of the Work done
departmenta l ly in a l l respects in the same manner
and a t the same ra tes as i f i t had been carr ied out by
the Contrac tor under the te rms of his contrac t . The
cert if icate of the Engineer as to the costs and other
a l l ied expenses so incurred and as to the va lue of the
Work so done departmenta l ly and shal l be f ina l and
conclusive against the Contrac tor.
f ) To order tha t the Work of the Contrac tor be
measured up and to take such part there of as sha l l
be on executed out of his hands, and to give i t to
another Contrac tor to comple te, in which case al l
expenses incurred on advert isement for f ixing a new
contrac t ing agency, addi t ional supervisory s taf f
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
87 -
Signature of Tenderer No. of Corrections Signature of City Engineer
87
inc luding the cost of Work charge es tabl ishment and
a cost of Work executed by the new contrac t agency
wil l be debi ted to the Contrac tor and the va lue of the
Work done or executed through a new Contrac tor
sha l l be credi ted to the Contrac tor in a l l respects and
in the same manner and a t the same ra tes as if i t had
been carr ied out by the Contrac tor under the te rms of
this contrac t . The cert if icate of the Engineer as to
a l l the cost of the Work and other expenses incurred
as aforesa id for or in ge t t ing the unexecuted Work
done by the new Contrac tor and as to the va lue of
the Work so done shal l be f ina l and conclusive
against the Contrac tor .
In case the contrac t sha l l be rescinded under c lause
(a) above the Contrac tor sha l l not be enti t le to
recover or be pa id, any sum for any Work therefore
ac tua l ly performed by him under this contrac t unless
and unt i l the Engineer sha l l have cert if ied in wri t ing
the performance of the such Work and the amount
payable to him in respect thereof and he shall only
be ent i t led to be paid the amount so cert i f ied in the
event of e i ther of the curses referred to in c lauses
(b) or (c) be ing adopted and the cost of the executed
departmenta l ly or through a new Contrac tor and
other a l l ied expenses exceeding the va lue of the such
Work credi ted to the Contrac tor the amount of
excess shal l be deducted f rom any money due to the
Contractor , by corpora t ion under the Contrac tor
otherwise howsoever or f rom his securi ty deposi t or
the sa le proceeds there of provided, however, tha t
Contractor sha l l have no c la im against corpora t ion
even i f the cert i f ied va lue of Work done
departmenta l ly or through a new Contrac tor exceed
the cert if ied cost of such Work and a ll ied expenses,
provided a lways that which ever of the three courses
ment ioned in c lauses (a) , (b) or (c) i s adopted by the
Engineer , the Contrac tor sha ll have no c la im to
compensation for any loss susta ined by him by
reason his having purchased or procured any
materia ls , or entered into any engagements, or made
any advance on account of or wi th a view to the
execut ion of the Work or the performance of the
contrac t .
224. Action When If the progress of any part icular port ion of the Work is
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
88 -
Signature of Tenderer No. of Corrections Signature of City Engineer
88
the Progress
of any
Part icular
Port ion of the
Work is
Unsat isfac tory
unsa t isfac tory the condi t ions ment ioned in c lause
108(b) , be ent i t led to lake ac t ion under c lause af ter
giving the Contrac tor 14 days not ice in wri t ing. The
Contractor wi l l have no cla im for compensat ion, for
any loss susta ined by him owing to such ac tion.
225. Contractor
Remains
Liable to Pay
Compensat ion
i f Act ion not
Taken Under
Clause 108
and 109
In any case in which any of the powers conferred upon
the Engineer by c lauses 108 & 109 hereof shall have
become exerc isable and the same shal l not have been
exerc ised the non exerc ise there of shal l not const i tute
a walver of any of the condit ions thereof and such
powers shal l not wi thstanding the excisable in the
event of any future case of default by the Contractor
for which under any c lause hereof he is dec lared l iable
to pay compensation amount ing to the whole of this
securi ty deposi t and the l iabi l i ty of the Contrac tor for
past and future compensat ion shal l remain unaffected.
226. Power to take
possess ion of
or require
removal or
se l l
Contractors
plant .
In the event of Engineer taking ac tion under sub
c lauses (a) or (c) c lause 108, he may if he so desi res,
take possession of al l any tools and plant , mater ials
and s tore in or upon the Work of the s i te thereof or
be longing to the Contrac tor, or procured by him and
intended to be uses for the execut ion of the Work or
any part thereof paying or a l lowing for the same in
account a t the contrac t ra tes or in the case of contrac t
ra tes not be ing applicable a t current market ra tes to be
cert if ied by the Engineer whose cert if ica te thereof
shal l be f ina l . In the a l te rna t ive the Engineer may af ter
giving not ice in writ ing to the Contrac tor or his c lerk
of the Work foreman or other authorises agent requires
him to remove such tools and plant , mater ia l , or s tores
f rom the premises wi thin a t ime to be specif ied in such
not ice and in the event of the Contrac tor fa i l ing to
comply with any such requis i t ion, the Engineer may
remove them a t the Contractor’s expenses or se l l them
by auctions or pr ivate sa le on account of the
Contractor and a t this r isk in a l l respect and the
cert if icate of the Engineer as to the expenses of any
such removal and the amount of the proceeds and
expensed on any such sa le shall be f ina l and
conclusive against the Contrac tor.
227. No Interes t
for Delayed
Payments Due
to Disputes
e tc .
I t i s agreed tha t the Corpora t ion of or i t s Engineer or
Off icer sha l l not be l iable to pay any interes t or
damage with respect to any moneys or ba lance which
may be in i t s or i t s Engineer’s or of f icer’s hands
owing to any dispute or di fference or c la im or mis-
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
89 -
Signature of Tenderer No. of Corrections Signature of City Engineer
89
unders tanding between the Corpora t ion of or i t s
Engineer or Officer on the one hand and the Contrac tor
on the other , or wi th respect to any delay on the part
of the Corpora tion of Navi Mumabi or i t s Engineer or
Off icers in making periodica l or f ina l payments or in
any other respect whatever.
Payment to the Contrac tor of the amount due under
each of the inter im payment cer t if ica te issued by the
Engineer sha l l be made by the Corpora t ion within 45
(Forty Five) days i f such cert if ica te be ing del ivered.
I f the Corpora tion makes la te payment, the Contrac tor
is to be pa id interes t on the la te payment in the next
payment. Interes t sha l l be ca lcula ted f rom the da te by
which the payment should have been made upto the
da te when the la te payment is made a t 6% per annum.
I t i s a te rm under this contrac t that payment of interest
in excess of 6% is barred on any amount payable to the
Contractor on any account.
I t i s d is t inc tly unders tood and agreed between the
part ies here to tha t payment for Work already executed
by the Contrac tor is not a condi t ion precedent under
this contrac t for the execut ion of the remaining Work.
228. Jurisdic t ion In case of any c laim, dispute or dif ference ar is ing in
respect of a contrac t , the cause of ac t ion thereof shal l
be deemed to have ar isen in Navi Mumbai and a l l legal
proceedings in respect of any such cla im, dispute or
di fference shal l be ins t i tuted in a competent court in
the City of Navi Mumbai only.
229. Final i ty of
Decision and
Non-
Arbi t rabi l i ty
SETTLEMENT Of DISPUTES
If a dispute / disputes of any kind whatsoever ar ises
be tween the Contractor and Engineers representa t ive
the same shal l be referred to the Engineer for his
dec is ion with de tai led jus t if icat ion. Such reference
shal l be s ta ted tha t i t is inpersunce to this c lause for
review and giving decis ions by the Engineers. The
Engineer sha l l give his dec is ion within 14 days of
rece ipt of not ice. If e i ther party is not sa t isf ied wi th
the decision of the Engineer or the Engineer fai ls to
give the decis ion within the period of 14 days f rom the
da te of rece ipt of not ice under this c lause, such a
dispute may be referred to Arbi t ra t ion as per Clause
No. 115.
230. Arbi t ra t ion Except where, otherwise provided for in this contrac t ,
a l l quest ions and disputes re la t ing to the meaning of
ins t ruc t ion hear in before ment ioned or as to any other
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
90 -
Signature of Tenderer No. of Corrections Signature of City Engineer
90
quest ion, c la im, r ight , mat ter of handing whatsoever,
i f any ar is ing out of or re la t ing to this contrac t ,
specif ica t ion, es t imates, Ins t ruc t ions, orders or these
condi t ions or otherwise concerning the works, or the
execut ion or fa i lure to execute the same where ar ising
during the progress of the work or af te r comple t ion or
abandonment thereof of any mat ter di rec t ly or
indirect ly connected with this agreement shal l be
referred to the sole Arbi t ra t ion of the Munic ipa l
Commissioner of Navi Mumbai Corpora tion, C.B.D. ,
Navi Mumbai and i f the Munic ipa l Commissioner is
unable or unwill ing to act as such, then the mat ter in
dispute shal l be referred to sole Arbi t rat ion or such
other person appointed by the Municipa l commissioner
who is wi l l ing to act as such Arbi t ra tor. In case, the
Arbi t ra tor so appointed is unable to ac t for any
reasons, the Munic ipa l Commissioner in the event of
such inabi l i ty, sha l l appoint another person to ac t as
Arbi t ra tor in accordance with the te rms of the
contrac t . Such person shal l be ent i t led to proceed with
the reference f rom the s ta te a t which i t was lef t by his
predecessors. I t i s a lso a te rm of this contrac t tha t no
person other than a person appointed by the Munic ipa l
Commissioner as aforesa id should ac t as an Arbi t ra tor.
As aforesa id the provis ions of the arbi tra t ion and
concil iat ion ac t 1996 or any sta tutory modif icat ion or
Reinactment there of and the rules made there under
and for the t ime being in force shal l apply to the
arbi t ra t ion proceedings under this clause.
231. Laws
Governing
The Contrac t–
This contrac t sha l l be governed by the Indian Laws for
the t ime being in force.
PART –VII
WORK COMPLETION & DEFECT LIABILITY
232. Clearance of
Si te on
Complet ion
Upon the issue of any Taking over cer t if ica te the
Contractor sha l l c lear away and remove f rom that part
of the s i te to which such Taking-over Cert i f icate
re la tes al l Contrac tor’s equipment, surplus materia ls ,
rubbish and temporary Works of every kind, and leave
such part of the s i te and Works c lean and in a
Workman l ike condi t ion to the sa t isfac t ion of the
Engineer . I f the Contrac tor does not c lear the s i te
wi thin 15 days al l mater ia l wi l l be conf isca ted and no
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
91 -
Signature of Tenderer No. of Corrections Signature of City Engineer
91
compensation shal l be pa id and the s i te wi l l be c leared
a t r i sk and cost of the Contrac tor.
233. Submissions
of Final
Complet ion
Drawings.
On comple t ion of the Work, the Contrac tors shal l
furnish f ree of cost 1 se t of R.T.F. of f ina l comple t ion
drawings and 6 bound se ts of copies of drawings,
showing a l l the deta i ls checked and s igned by the
Engineer wi thin 2 months of comple t ion of Works. The
payment of f ina l bi l l sha l l be made to the Contrac tors
a f ter receipt of above se ts. In case the Contractor fa i ls
to submit the comple t ion drawings, a compensat ion a t
the ra te of Rs.5000/- per drawing shal l be recovered
f rom the f ina l bi l l s
234. Complet ion
Cert if ica te
(1) As soon as Work is comple ted, the Contrac tor sha l l
give not ice of such comple t ion to the Engineer and
within 28 (Twenty-e ight) days of rece ipt of
such not ice the Engineer sha l l inspect the Works and
shal l furnish the Contrac tor wi th a cer t if ica te of
comple t ion indica t ing (a) the date of comple t ion (b)
the defects to be rect i f ied by the Contrac tor, and/or (c)
i tems for which payment shal l be made a t reduced
ra tes.
When separa te periods of comple t ion have been
specif ied for i tems or groups of i tems, the Engineer
sha l l i ssue separa te comple t ion cert i f icates for such
i tems or groups of i tems. No cert if icate of complet ion
shal l be issued, nor the Works be considered to be
comple te t i l l the Contrac tor sha l l have removed f rom
the premises on which the Works has been executed,
a l l scaffolding, sheds and surplus materia ls , except
such as required for rec t if ica tion of defec ts, rubbish
and a ll huts and sani tary arrangements required for his
Workers on the s i te in connect ion with the execution
of Works as sha ll have been erec ted by the Contractor
or the Workmen and c leaned a ll d i r t f rom a ll parts
of bui lding(s) in, upon or about which the Work
has been executed or of which he may have had
possess ion for the purpose of execut ion thereof
and c leaned f loors, gut ters and dra ins , eased doors and
sashes, o i led and fas tenings , labeled the keys c learly
and handed them over to the Engineer or his
representa tive and made the whole premises f i t for
immedia te occupat ion or use to the sa tisfac tion of the
Engineer . If the Contrac tor sha l l fa i l to comply with
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
92 -
Signature of Tenderer No. of Corrections Signature of City Engineer
92
any of the requirements of this Condi t ion as aforesa id,
on or before the da te of comple t ion of Works, the
Engineer may a t the expense of the Contrac tor fulf i l l
such requirements and dispose of a l l the surplus
materia l and rubbish e tc . as he thinks f i t and the
Contractor sha l l have no c la ims in respect of any such
materia l except for any sum actual ly rea l ised by the
sa le thereof less the cost of fulf i l l ing the requirements
and any other amount tha t may be due f rom the
Contractor . I f the expense of ful f i l l ing such
requirement is more than the amount rea l ises on such
disposal as aforesa id, the Contrac tor sha l l for thwith on
demand pay such excess.
The Contractor`s notice of completion as aforesaid shall have to
accompanied with one set of tracings of final completion drawings
on RTF and six bound sets of copies of as built drawings, failing
which the notice shall be deemed to have not been issued at all.
(2) If at any time before completion of the entire Work, items or
groups of items for which separate periods of completion have been
specified, have been completed, the Engineer with the consent of the
Contractor takes possession of any part or parts of the same
(any such part or parts being hereinafter in this condition referred to
as "the relevant part") then not- withstanding anything expressed or
implied elsewhere in this contract.
(d) Within 28days (Twenty-eight days) of date of completion of such
items or group of items or possession of the relevant part the
Engineer shall issue a completion certificate for the relevant part
provided the Contractor fulfills his obligation for the relevant part as
in sub-para (1) above
(e ) The defects liability period in respect of such items and relevant
part shall be deemed to have commenced from the certified date of
completion of such items or relevant part as the case may be.
( f ) For the purpose of ascerta ining compensat ion for
de lay under Clause No. 88 in respect of any
period during which the Works are not comple ted the
re levant part sha l l be deemed to form a separa te i tem
or group, wi th da te of comple t ion as given in the
contrac t or as extended under Clause No.80 and actual
da te of comple tion as cer t if ied by the Engineer under
this condit ion.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
93 -
Signature of Tenderer No. of Corrections Signature of City Engineer
93
(3) If any part of the Work shal l have been
substant ia l ly comple ted and shal l have sat isfac tori ly
passed any f ina l test tha t may be prescribed under the
contrac t , the Engineer may issue a cer t if ica te of
comple t ion in respect of that part of the Works before
comple t ion of the whole Works and upon the issue of
such cert if ica tes, the Contrac tors sha ll be deemed to
have undertaken to comple te any outs tanding Works in
tha t part of the Works during the period of
maintenance.
235. Taking Over
of Work
Corpora t ion wil l take over the Work a t any s tage
whenever required in the interes t of publ ic by giving
10 days not ice to the Contrac tor.
236. Defects
Liabi l i ty
Period
The Contrac tor sha ll be responsible to make good and
remedy a t his own expense wi thin such period as
may be s t ipulated by the Engineer any defec ts which
may develop or be not iced before the expiry of the
period ment ioned in the Schedule `A ' here to f rom
cert if ied da te of comple t ion and int imat ion of which
has been sent to the Contrac tor wi thin 7 days of expiry
of the sa id period by le t te r sent by hand del ivery or by
regis tered post
237. Liabi l i ty for
Defects or
Imperfec tions
and
Rect if ica tion
Thereof
If i t sha l l appear to the Engineer or to his
representa tive a t any t ime during construc t ion
or reconstruc tion or during the defec ts‚ l iabi l i ty
period, that any Work has been executed with unsound,
imperfec t or unski l lful Workmanship or tha t any
materia l or a r t icle provided by the Contrac tor for
execut ion of thereof the Work is unsound or of a
qual i ty infer ior to tha t contrac ted for, or otherwise,
not in accordance with the Contrac t , or tha t any defec t ,
shrinkage or other faul ts have appeared in the Work
ar is ing out of defec tive or improper materia ls or
Workmanship, the Contrac tor sha l l , upon rece ipt
of not ice in wri t ing in tha t behalf f rom the Engineer
for thwith rec t ify or remove or reconstruc t the Work so
specif ied in whole or part , as the case may require or,
as the case may be, and / or remove the materia ls or
a r t icles so specif ied and provide other proper and
sui table materia ls or a r t icles a t h is own expense
notwithstanding that the same may have been
inadvertent ly passed, cer t if ied and paid for , and in the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
94 -
Signature of Tenderer No. of Corrections Signature of City Engineer
94
event of his fa i l ing to do so wi thin the period to be
specif ied by the Engineer in his not ice aforesa id the
Engineer may rec t ify or remove and re-execute
the Work and/or remove and replace with others the
materia ls or a r t icles compla ined of , as the case may
be, by other means a t the r isk and cost of the
Contractor .
In case of repairs and maintenance Work, splashes and
droppings f rom whitewashing, pa inting e tc . sha ll be
removed and surfaces c leaned s imultaneously wi th
comple t ion of these i tems of Work in individual
rooms, quarters or premises e tc . where the Work is
done, wi thout wai t ing for comple t ion of al l o ther i tems
of Work in the contrac t . In case the Contrac tor fai ls to
comply with requirement of this condi t ion, the
Engineer sha l l have the r ight to ge t the Work done by
other means a t the r isk and cost of the Contractor .
The Engineer sha ll give three days not ice in wri t ing to
the Contrac tor before taking such ac t ion.
The Engineer reserves the right to decide the rates and prices of the
Works as executed by other means at the risk and cost of the
Contractor.
The cost and expenses thereby incurred on the Works
and also such penalty as the Engineer may impose for
such wrongful conduct of the Contrac tor (which
penalty, the Engineer sha l l be competent to impose and
against the imposi t ion of which or the amount thereof
by the Engineer an appeal sha ll l ie only to the
Commissioner wi thin seven days of the order in tha t
behalf of the Engineer and the decis ions of the
Commissioner shall be f ina l and binding upon the
Contractor) may be deducted f rom any money due or to
become due to the Contractor , under this or any other
contrac t be tween the Contrac tor and the Corpora tion.
238. Maintenance The Contrac tor sha ll mainta in the f inished surface of
the road for a period as specif ied in Contract
document, af te r the comple t ion of Work without any
extra cost to corpora t ion i rrespect ive of the designs ,
s tandards and specif icat ions and ac tua l t ra ff ic e tc .
The Contrac tor shal l ge t the potholes f i l led up with
asphal t mix materia ls and keep the road surface in
good condi t ion throughout the year . 5 percent amount
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
95 -
Signature of Tenderer No. of Corrections Signature of City Engineer
95
of the tota l Work done shal l be wi th he ld f rom
running account bi l l for the period specif ied in the
Contract document f rom the da te of comple t ion of
Work as maintenance charges of mainta ining and
keeping the road in good condi t ion. This 5 percent
amount wi thheld towards maintenance charges shal l
be a l lowed to be replaced with Bank guarantee or
other recognised forms a t in termedia te s tage, i f so,
desi red in wri t ing. This maintenance charges shal l be
in addi t ion to securi ty deposi t .
On comple t ion of the Work in a l l respects, necessary
cert if icates wil l be issued by the Engineer and the
defec t l iabi l i ty period wil l be counted from the da te of
i ssue of such cert i f ica tes
Al l damages during execut ion shall be made good by
the Contrac tor a t h is cost . He wil l be responsible for
any damage to the road surface inc luding B.T. surface
in ra iny season and during construc t ion and
guaranteed maintenance period and no separate
payment wi l l be made for resort ing such damages.
Defect ive Work is l iable to be rejected a t any s tage.
The Contrac tor on no account can refuse to rec ti fy
defec ts mere ly on reasons that fur ther Work has been
carr ied out. No extra payments shall be made for such
rec t if icat ion.
239. Defects
Liabi l i ty
Cert if ica te
The Contrac t sha l l not be considered as comple ted
unt i l a Defects Liabi l i ty Cert if ica te shal l have been
s igned by the Engineer and delivered to the
Contractor , s ta t ing the da te on which the Contrac tor
sha l l have comple ted his obl iga t ions to execute and
comple te the Works and remedy any defec ts there in to
the Engineer’s sa t isfac tion. The Defects Liabi l i ty
Cert if ica te shal l be given by the Engineer wi thin 28
days af ter the expira t ion of the la tes t such period, or
as soon thereafter as any Works ins t ruc ted, pursuant to
Clauses 121 and have been comple ted to the
sa t isfac tion of the Engineer , Provided tha t the issue of
the Defec ts Liabil i ty Cert i f ica te shal l not be a
condi t ion precedent to payment to the Contractor of
the Retent ion Money.
240. Unfulf i l led
Obl iga t ions
Notwithstanding the issue of the Defec ts Liabi l i ty
Cert if ica te the Contrac tor and the Corpora t ion shal l
remain l iable for the fulf i l lment of any obl iga t ion
incurred under the provis ions of the Contrac t pr ior
to the issue of the Defec ts Liabil i ty Cert if ica te is
i ssued and, for the purposes of de termining the
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
96 -
Signature of Tenderer No. of Corrections Signature of City Engineer
96
na ture and extent of any such obl iga t ion, the
Contract sha ll be deemed to remain in force between
the part ies to the Contract . Notwithstanding the
issue of the Defec ts Liabi l i ty Cert i f ica te the
Contractor and the Corpora t ion shal l remain l iable
for the fulf i l lment of any obl iga t ion incurred under
the provis ions of the Contract pr ior to the issue of
the Defec ts Liabil i ty Cert i f ica te is i ssued and, for
the purposes of de termining the na ture and extent of
any such obl iga t ion, the Contrac t sha l l be deemed to
remain in force be tween the part ies to the Contrac t .
241. Refund of
Securi ty
Deposi t
The amount of securi ty deposi t lodged by a
Contractor sha ll be refunded along with the payment
of the f ina l bi l l , or a f te r the expiry of the defect
l iabi l i ty period which ever is la ter unless the
Engineer is of the opinion tha t in order to safeguard
against defec ts and pending c la ims against the
Contractor i t i s necessary to re ta in more amount
re ta ined as re tent ion money.
ANNEXURE ‘A’
(See Condition 24)
Safety Provisions
6. Suitable scaffolds shall be provided for workmen for all that cannot safely be done from the ground, or
from solid construction except such short period work as can be done safely from ladders. When a
ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for
carrying materials as well, suitable footholds and handholds shall be provided on the ladder and the
ladder shall be given an inclination not steeper than ¼ to 1 ( ¼ horizontal and 1 vertical).
7. Scaffolding or staging more than 3.25 meters above the ground or floor, swung or suspended from an
overhead support or erected with stationary support, shall have a guard rail properly attached, belted
braced and other wise secured at least 1 meter high above the floor or platform of such scaffolding or
staging and extending along the entire length of the outside and ends thereof with only such openings
as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as
to prevent it from swaying from the building or structure.
8. Working platform, gangways, and stairways shall be so constructed that they do not sag unduly or
unequally, and if height of a platform or gangway or stairway is more than 3.25 meters above ground
level or floor level, it shall be closely boarded, have adequate width and be suitably fenced as
described in 2 above.
9. Every opening in floor of a building or in a working platform shall be provided with suitable means to
prevent fall or persons or materials by providing suitable fencing or railing with a minimum height of
1 meter.
10. Safe means of access shall be provided to all working platforms and other working places. Every
ladder shall be securely fixed. No portable single ladder shall be over 9 meters in length. Width
between side rails in a rung ladder shall in no case be less than 30 cm for ladder upto and including 3
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
97 -
Signature of Tenderer No. of Corrections Signature of City Engineer
97
meters in length. For longer ladders this width shall be increased by at least 6 mm for each additional
30 cm of length. Uniform step spacing shall not exceed 30 cm.
Adequate precaution shall be taken to prevent danger from electrical equipment. No materials on any
of the sites shall be so stacked or places as to cause danger or inconvenience to any person or the
public. The Contractor shall provided all necessary fencing and lights to protect public from accidents
and shall be bound to bear expenses of defence of every suit, action or other proceeding at law that
may be brought by any person for injury sustained owing to neglect of 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.
Excavation and Trenching :- All trenches, 1.5 metres or more in depth , shall at all times be supplied
with at least one ladder for each 30 metres in length or fraction thereof, ladder shall be extended from
bottom of trench to at least 1 metre above surface of the ground sides of a trench which is 1.5 meters
or more in depth shall be stepped back to give suitable slope, or securely held by timber bracing, so as
to avoid the danger of sides collapsing. Excavated material shall not be placed within 1.5 meters of
edge of trench or half or depth of trench, whichever is more. Cutting shall be done from top to bottom.
Under no circumstances shall undermining or under cutting be done.
7. Demolition : Before any demolition work is commenced and also during the process of the work
(d) all roads and open areas adjacent to the work site shall either be closed or suitably protected.
(e) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus
used by operator shall remain electrically charged,
(f) All practical steps shall be taken to prevent danger to persons employed, from risk of fire or
explosion, or flooding. No floor, roof or other part of a building shall be so overloaded with debris
or materials as to render it unsafe.
8. All necessary personal safety equipment as considered adequate by the Engineer shall be available for
use of persons employed on the site and maintained in a condition suitable for immediate use, and the
Contractor shall take adequate steps to ensure proper use of equipment by those concerned.
(h) Workers employed on mixing asphaltic materials, cement and lime mortars/concrete shall be
provided with protective footwear, handgloves and goggles.
(i) Those engaged in handling any material which is injurious to eyes shall be provided with
protective goggles.
(j) Those engaged in welding works shall be provided with welder’s protective eye-shields.
(k) Stone breakers shall be provided with protective goggles and protective clothing and seated at
sufficiently safe intervals.
(l) When workers are employed in sewers and manholes, which are in use, the Contractor shall ensure
that manhole covers are opened and manholes are ventilated at least for an hour before workers are
allowed to get into them. Manholes so opened shall be cordoned off with suitable railing and
proided with warning signals or boards to prevent accident to public.
(m) The Contractor shall not employ men below the age of 18 and women on the work of painting with
products containing lead in any form. Whenever men above the age of 18 are employed on the
work of lead painting the following precautions shall be taken;
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
98 -
Signature of Tenderer No. of Corrections Signature of City Engineer
98
(n) No paint containing lead or lead products shall be used except in the form of paste or ready made
paint.
(iii)Suitable face masks shall be supplied for use by workers when paint is applied in the form of
spray or surface having lead paint dry rubbed and scrapped.
(iv) Overalls shall be supplied by the Contractor to workmen and adequate facilities shall be
provided to enable working painters to wash during and on cessation of work.
9. When work is done near any place where there is risk of drowning, all necessary equipment shall be
provided and kept ready for use and all necessary steps taken for prompt rescue of any person in
danger and adequate provision made for prompt first aid treatment of all injuries likely to be sustained
during the course of the work.
10 Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following :
(a) (i) These shall be of good mechanical construction, sound material and adequate strength and free
from patent defects and shall be kept in good repair and in good working order.
(ii) Every rope used in hoisting or lowering materials or as a means of suspension shall be of
durable quality and adequate strength,and free from patent defects.
(b) Every crane driver or hoisting appliance operator shall be properly qualified and no person under
the age of 21 years shall be incharge of any hoisting machine including any scaffold winch or give
signals to operator.
(c) In case of every hoisting machine and of every chain ring hook, shackle, swivel and pulley block
used in hoisting or lowering or as means of suspension, safe working load shall be ascertained by
adequate means. Every hoisting machine and all gear referred to above shall be plainly marked
with safe working load. In case of hoisting machine having a variable safe working load, each safe
working load and the conditions under which it is applicable shall be clearly indicated. No part of
any machine or of any gear referred to above in this paragraph shall be loaded beyond safe
working load except for the purpose of testing.
(d) In case of departmental machine, safe working load shall be notified by the Engineer, as regards
Contractor’s machine the Contractor shall notify safe working load of each machine to the
Engineer whenever he brings it to site of work and get it verified by the Engineer.
11. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances shall be
provided with efficient safeguards, hoisting appliances shall be provided with such means as will
reduce to the minimum risk of accidental descent of load, adequate precautions shall be taken to
reduce to the minimum risk of any part of a suspended load becoming accidentally displaced. When
workers are employed on electrical installations which are already energized, insulating mats, wearing
apparel such as gloves, sleeves and boots, as may be necessary, shall be provided. Workers shall not
wear any rings, watches and carry keys or other materials which are good conductors of electricity.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
99 -
Signature of Tenderer No. of Corrections Signature of City Engineer
99
12. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in a
safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use.
Adequate washing facilities shall be provided at or near places of work.
13. These safety provision shall be brought to the notice of all concerned by display on a notice board at a
prominent place at the work spot. Persons responsible for ensuring compliance with the Safety
Provisions shall be named therein by the Contractor.
14. To ensure effective enforcement of the rules and regulations relating to safety precautions,
arrangements made by the Contractor shall be open to inspection by the Engineer or his representative
and the inspecting officers.
15. Notwithstanding the above provisions 1 to 14, the Contractor is not exempted from the operation of
any other Act or Rule in force.
16. Complete continuous barricading of G.I. sheet height 1.5 mtr., with the ground clearance of 0.60 mtr.
from the ground level and completely supported by M.S. angles (As per design & instructions by the
engineer ) must be provided. For works of concrete and asphalt road, This should be maintained till
completion of work.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
100 -
Signature of Tenderer No. of Corrections Signature of City Engineer
100
ANNEXURE ‘B’ (See Condition No. 27)
DETAILS OF KEY PERSONNEL WITH TENDERER WHO ARE PROPOSED FOR THIS
CONTRACT
Sr No Description of
category
Name Qualification Professional
experience
and details of
works carried
out
Since how
long in
service with
tenderer
Remarks
1. 2. 3. 4. 5. 6. 7.
SIGNATURE OF TENDERER:
DATE:-
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
101 -
Signature of Tenderer No. of Corrections Signature of City Engineer
101
ANNEXURE ‘C’
Eò®úÉ®úxÉɨÉÉ {ÉjÉ (°ü. 100/- SªÉÉ º]õì {É {Éä{É®ú´É®ú)
xÉ´ÉÒ ¨ÉÖƤÉ<Ç ¨É½þÉxÉMÉ®ú{ÉÉʱÉEäòSÉä ´ÉiÉÒxÉä ¶É½þ®ú +ʦɪÉÆiÉÉ / EòɪÉÇEòÉ®úÒ +ʦɪÉÆiÉÉ xÉ´ÉÒ ¨ÉÖƤÉ<Ç ¨É½þÉxÉMÉ®ú{ÉÉʱÉEòÉ, xÉ´ÉÒ ¨ÉÖƤÉ<Ç. ---------------------------------------- ---------------------------------------- ---------------------------------------- Eò®úÉ®ú ʱɽÖþþxÉ näùhÉÉ®ú
EòÉ®úhÉä Eò®úÉ®úxÉɨÉÉ Ê±É½ÚþxÉ näùiÉÉä EòÒ, xÉ´ÉÒ ¨ÉÖƤÉ<Ç ¨É½þÉxÉMÉ®ú{ÉÉʱÉEòÉ ºlÉɪÉÒ ºÉʨÉiÉÒxÉä ö®úÉ´É Gò. ----------------
------------- ÊnùxÉÉÆEò / / 2009 +x´ÉªÉä -----------------------------------------------
----------------------------- EòɨÉÉSÉÒ ÊxÉÊ´ÉnùÉ ¨ÉÆVÉÚ®ú ZÉɱÉÒ +ɽäþ.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
102 -
Signature of Tenderer No. of Corrections Signature of City Engineer
102
iªÉÉ|ɨÉÉhÉä +ɨ½þÒ ´É®úÒ±É Ê`öEòÉhÉÒ {ÉÖføÒ±É ¶ÉiÉÔ´É®ú ¤ÉÉÆvÉÒ±É +ɽþÉäiÉ.
1. EÆòjÉÉ]õnùÉ®úÉxÉä ¤ÉÄEò MÉì®Æú]õÒSªÉÉ º´É°ü{ÉÉiÉ +xÉɨÉiÉ ®úCEò¨É ¨½þhÉÚxÉ EÆòjÉÉ]õ ®úCEò¨ÉäSªÉÉ 2 ]õCEäò
¤ÉÄEäòiÉ `äö ÉhÉä +ɴɶªÉEò +ɽäþ. =´ÉÇÊ®úiÉ +xÉɨÉiÉ ®úCEò¨É näùªÉ ʤɱÉÉiÉÚxÉ 2 ]õCEäò nù®úÉxÉä ´ÉVÉÉ
Eò®úhÉäSÉÒ +ɽäþ.
2. VÉxÉ®ú±É ]åõb÷®ú xÉÉä]õÒºÉ "¶ÉÖvnùÒ{ÉjÉɺɽþ' ÊxÉÊ´ÉnùÉEòÉ®úÉÆxÉÉ ºÉÖSÉxÉÉ ºÉ´ÉÇ +]õÒ ºÉÉvÉÉ®úhÉ +]õÒ,
°ü{É®äú¹ÉÉ iÉ{ɶÉÒ±É, ÊxÉÊ´ÉnùÉ nùºiÉBä´ÉVÉ ´É κ´ÉEÞòiÉÒ {ÉjÉ xÉÆ. ---------------------
Ênù. / /2009 ½äþ ºÉ´ÉÇ Eò®úÉ®úÉSÉä EòÉMÉnù{ÉjÉ +ºÉiÉÒ±É.
3. EÆòjÉÉ]õnùÉ®úÉxÉä +É{ɱÉä EòÉ¨É ÊxÉvÉÉÇ®úÒiÉ ´Éä³äýiÉSÉ Eäò±Éä {ÉÉʽþVÉä.
4. ¨É½þÉ{ÉÉʱÉEòÉ EÆòjÉÉ]õnùÉ®úÉxÉä |ÉiªÉIÉ Eäò±É䱪ÉÉ EòɨÉÉSÉÒä ®úCEò¨É ¶Éäb÷¬Ú±É ®äú]õ / EòÉä]äõb÷
{ɺÉç]äõVÉ|ɨÉÉhÉä EÆòjÉÉ]õnùÉ®úÉºÉ näù<DZÉ.
5. ¨É½þÉ{ÉÉʱÉEäòxÉä VÉ®ú EÆòjÉÉ]õnùÉ®úÉºÉ EòÉähÉiÉÒ½þÒ ºÉä´ÉÉ Ênù±ªÉÉºÉ iªÉÉSÉÒ ®úCEò¨É EÆòjÉÉ]õnùÉ®úÉxÉä
¨É½þÉ{ÉÉʱÉEäòºÉ näùhÉä MÉ®úVÉäSÉä +ɽäþ.
6. ºÉnù®ú EòɨÉÉSªÉÉ ºÉÆnù¦ÉÉÇiÉ BJÉÉtÉ ´Éä³äýºÉ Ê´É´ÉÉnù ÊxɨÉÉÇhÉ ZÉɱªÉÉºÉ iÉÉä Ê´É´ÉÉnù `öÉhÉä / ¨ÉÖƤÉ<Ç
xªÉɪÉɱɪÉÉÆSªÉÉ ½þqùÒiÉ iªÉÉSÉÉ ÊxÉ´ÉÉb÷É ½þÉä<DZÉ.
´É®úÒ±É ºÉ´ÉÇ ÊxÉªÉ¨É ´É +]õÒ +ɨ½þÒ EòɳýVÉÒ{ÉÚ´ÉÇEò ´ÉÉSɱªÉÉ +ºÉÚxÉ iªÉÉ +ɨ½þɱÉÉ {ÉÚhÉÇ{ÉhÉä
¨ÉÉxªÉ ´É ¤ÉÆvÉxÉEòÉ®úEò +ɽäþiÉ. ½þÉ Eò®úÉ®úxÉɨÉÉ ¨ÉÒ ®úÉVÉÒJÉÖ¶ÉÒxÉä ʱɽÚþxÉ Ênù±ÉÉ +ɽäþ.
Ê`öEòÉhÉ :- ºÉÒ. ¤ÉÒ. b÷Ò., ¤Éä±ÉÉ{ÉÚ®ú, xÉ´ÉÒ ¨ÉÖƤÉ<Ç - 400 614.
ÊnùxÉÉÆEò :- / /2009.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
103 -
Signature of Tenderer No. of Corrections Signature of City Engineer
103
ºÉÉIÉÒnùÉ®ú Eò®úÉ®úxÉɨÉÉ Ê±É½ÚþxÉ näùhÉÉ®ú
1. º´ÉÉIÉ®úÒ : º´ÉÉIÉ®úÒ (EÆòjÉÉ]õnùÉ®ú)
xÉÉ´É : ----------------------------------- xÉÉÆ É : ---------------------
{ÉkÉÉ : ---------------------------------- {ÉkÉÉ : ---------------------
2. º´ÉÉIÉ®úÒ : ®ú¤É®úÒ Ê¶ÉCEòÉ
xÉÉ´É : -----------------------------------
{ÉkÉÉ : ----------------------------------
¨ÉxÉ{ÉÉ º´ÉÉIÉ®úÒ :
ºÉɨÉÉxªÉ ¨ÉÖpùÉ. {ÉnùxÉÉ¨É :
------------------------------ xÉ´ÉÒ ¨ÉÖƤÉ<Ç ¨É½þÉxÉMÉ®ú{ÉÉʱÉEòÉ.
ºlÉɪÉÒ ºÉʨÉiÉÒSªÉÉ JÉɱÉÒ±É nùÉäxÉ ºÉnùºªÉÉƺɨÉIÉ ºÉɨÉÉxªÉ ¨ÉÖpùÉ =¨É]õÊ´ÉhªÉÉiÉ +ɱÉÒ +ɽäþ.
1. xÉÉÆ É : ----------------------------------- 1. º´ÉÉIÉ®úÒ : ---------------
2. xÉÉÆ É : ----------------------------------- 2. º´ÉÉIÉ®úÒ : ---------------
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
104 -
Signature of Tenderer No. of Corrections Signature of City Engineer
104
ANNEXURE ‘D’
I N D E M N I T Y B O N D
ON STAMP PAPER OF VALUE OF RS. 100/-
In consideration of Navi Mumbai Muncipal Corporation incorporated under BPMC act 1949 and having its
office at Blapur Bhavan, 1st Floor, C.B.D. Belapur, Navi Mumbai-400614. (hereinafter referred to as the
Corporation, which expression, shall unless it be repugnant to the context or meaning thereof includes its
successors or assigns) having awarded to M/s.
___________________________________________________________
______________________________________________ a Partnership/Proprietorship/Pvt. Ltd./Ltd. firm
carrying in such name and style the business of construction (hereinafter referred to as the Contractor which
expression shall, unless it be repugnant to the context or meaning thereof, includes its partners or
Partner/Proprietor for the time being or its surviving Partner or his heirs and executors) for the work of
________________________________________________________________________________________
______________________________________________________________________________________at
an ______ percent above / below estimated cost of Rs. ________________________ and in compliance with
one of the terms and conditions of the said Contract.
We, M/s. _________________________________________________________________ being the
Contractor do hereby agree and undertake and indemnify and save harmless the Corporation in consequence
of the manufacturing defect, patent manufacturing defect and construction defect found in the constructed
work at any time in a defect liability period of _______ years with the grant of completion certificate by the
Corporation to the Contractor in accordance with and subject to the provision of the said contract.
It is hereby agreed and declared that the City Engineer of the Corporation or any officer acting as such City
Engineer of the Corporation shall be the Competent Authority to decide upon the question as to the defects in
the construction of works and the remedy to be applied by the Contractor for their rectification at his cost and
his decision shall be final, conclusive and binding upon both the Corporation and the Contractor, provided
that the City Engineer shall so decide after giving an opportunity to the Contractor to represent his case.
We hereby agree and undertake irrevocable and unconditionally to carry out duly each and very decision,
order, direction or instruction as may be issued by the said City Engineer or as the case may be, the officer of
the Corporation in his behalf and to rectify properly and promptly the defect found by him.
C:\Users\AJIT\Documents\Airoli Tender 16-17\2017-18\Prabhag nidhi Tender 17-18\Tender No.211\Schedule 211-24.doc
105 -
Signature of Tenderer No. of Corrections Signature of City Engineer
105
FOR AND ON BEHALF OF M/S._____________________________________
__________________________________________________________________
Place :- __________________
Date :- __________________
S E A L
Notary, Maharashtra State BEFORE ME
Notary, Maharashtra State
Noted and Registered at _________________________________
Serial Number
_______________________________
For & on Behalf of Corporation.
Accepted By.