NAVI MUMBAI MUNICIPAL CORPORATION · Excavation for foundation in earth, soil of all types, sand,...

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NAVI MUMBAI MUNICIPAL CORPORATION Plot No.1& 2,Sect.15A, C.B.D., Belapur, Navi Mumbai,.

TENDER

CITY ENGINEER DEPARTMENT NMMC/CITY ENGINEER/ 317 (01)/2018-19

Tender For The Work Of

Construction of RCC Storm Water Drain from Jai Jawan Society to

Abhyudaya Bank in Sector 17 Vashi.

NMMC Stage Vendor Stage Start Date

and time

Expiry Date &

Time

Release of Tender - 08/10 /2018

10.00 a.m.

08/10/2018

13.00 p.m.

-

Tender Download

08/10/2018

10.00 a.m.

29/10/2018

13.00 p.m.

-

Bid Preparation

08/10/2018

10.00 a.m.

29/10/2018

13.00 p.m.

Super-hash

Generation & Bid

Lock

-

29/10/2018

13.01 p.m.

30/10/2018

13.02 p.m.

- Control Transfer

of Bid

30/10/2018

13.03 p.m.

01/11/2018

13.04 p.m.

Envelope 1

opening -

01/11/2018

(If possible) at 13.05 p.m.

Envelope 2

Opening -

01/11/2018

(If possible)

Navi Mumbai Municipal Corporation

Plot No.1& 2,Sect.15A, C.B.D., Belapur, Navi Mumbai,.

Signature of Tenderer No. of corrections

Signature of Executive Engineer (Vashi) Signature of City Engineer

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Schedule ‘A’

Note : All The Contractors May Note That Enrollment With NMMC is Compulsory.

Sealed Tenders In B-1 Form On Department Design Are Invited For The Following Work, From

Contractors Registered In Appropriate Class, By Public Works Department Or CIDCO Ltd.

From Class IV - A Above Category With Adequate Experience Of Similar Works And Will Be

Received In Sealed Covers, Addressed To The Commissioner, Navi Mumbai Municipal

Corporation In His Office Upto 13.00 Hours On - 29/10/2018 Blank Tender And Any Other

Information Will Be Available From The Reception, Nmmc, C.B.D., Belapur, Navi Mumbai, On

All Working Days Except Sundays And Public Holidays Declared By Government Of

Maharashtra, During Working Hours 08/10/2018 To 01/11/2018 On Payment Of Cost Of

Each Tender Form Mentioned Below.

1. Name Of Work - Construction of RCC Storm Water Drain from Jai

Jawan Society to Abhyudaya Bank in Sector 17

Vashi.

2. Estimated Cost Of Work - Rs.59,55,119/-

(+ GST Rs.7,14,614/- )

3. Engineers For This Work- Executive Engineer (Vashi)

Deputy Engineer (Vashi)

4. Period Of Sale Of Tender

Documents. 08/10/2018 To 01/11/2018 during Office Hours From

The Reception , Nmmc, C.B.D., Belapur, Navi

Mumbai Or Downloaded From Official Web Site

(Www.Nmmconline.Com ) Of The Corporation.

5. Cost Of Each Tender Form Rs.5,000/- In Cash Or By Way Of D.D. In Favour Of

Navi Mumbai Municipal Corporation. .

6. Earnest Money Rs.59,600/- To Be Paid only online by RTGS/ECS. Fixed

EMD certificate is not allowed.

7. Pre-Tender Conference 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 29/10/2018 Up To 13.00 Hours

9. Probable Date And Time Of Opening - Date - 01/11/2018 at 13.05 pm Hour Of

Tender. (If Possible)

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10. Eligibility

Registration Class 1V-A With Pwd Or Equivalent Class With Cidco

And Upto ( Rs.90.00 Lacs)

Turn Over I) Average Annual Financial Turnover During The Last

Three Years, Ending 31st March Of The Previous Financial

Year, Should Be At Least 100% Of The Estimated Cost.(i.e.

Rs.59,55,119/-)The net worth should be positive

Ii) Experience Of Having Successfully Completed Similar

Works During Last 7 Years Ending Last Day Of Month

Previous To The One In Which Applications Are Invited

Should Be Either Of The Following.

A) Three Similar Completed Works Costing Not Less Than

The Amount Equal To 40% Of The Estimated Cost.

(i.e.Rs.23,82,048/-)

Or

B) Two Similar Completed Works Costing Not Less Than


(i.e.Rs.29,77,560/-)

Or

C) One Similar Completed Works Costing Not Less Than


(i.e. Rs.59,55,119/-)

Qualified Personnel One Civil Engineers Having Minimum Experience Of Three

Years.

Equipment Required Necessary required Equipment

11. Certification The Company Having Iso 9001, (Version 2000) Certificate,

Will Be Preferred.

Joint Venture Is Not Allowed.

12. No Relationship With Corporators See Clause 12 Of Detailed Tender Notice

13. Validity Period – The Offer Of The Contractor Shall Remain Valid For 120 Days

From The Date Of Opening Of Tender.

14. Initial Security Deposit - Rs.1,78,654/- (3.00%)

AND

Further Security Deposit, - Rs.1,19,102/- (2.00%)

To Be Deducted From Bills.

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15. Completion Period 06 Months (Excluding Monsoon)

1. Contract As A Whole Period Of Completion 06 Months (Excluding Monsoon)

2. Part Or Groups Of Items

(I) As A Whole Work (I) 06 Months (Excluding Monsoon)

(Ii) As Per Approved Bar Chart

16. Percentage To Be Charges As Supervision

Charges For The Work Got Executed Through

Other Means. 24.50 Percent.

17. Defects Liability Period 1 year

18. Others:- 1) Price Variation Clause- No Price Variation clause applicable to the

contracts Having contract period up to 12

months

.

19. �ा�त �न�नतम �नवदेचा देकार �नवदाधीन कामा�या �कंमतीपे�ा 10% पय�त कमी दरांचा

असेल तर ठेकेदारांनी �नवदाधीन �कमती�या 1% एवढया रकमेचा धनाकष$ (Demand Draft)

परफॉम$2स 3स4यरु6ट6 �हणून �नवदे�या 3लफाफा ;.2 म>ये सादर करावा. (Scan कAन ई-

�नवदेसोबत सादर करावा.)

उदा :- 1 % त े 10% कमी दर - 1 % र4कम) �ा�त �न�नतम �नवदेचा देकार �नवदाधीन

कामा�या �कंमतीपे�ा 10% पे�ा जाIत दराने कमी असेल तर देकार 10% पे�ा जेवढया जाIत

दराने कमी आहे तवेढया रकमेचा व वर6ल �माणे येणाKया रकमेसह एकLMत धनाकष$ (Demand

Draft) �नवदेसोबत 3लफाफा ;. 2 म>ये सादर करावा.

(उदा :-14 % कमी दर -10 % पय�त कर6ता- 1 ट4का व (14% -10% ) - 4 % असे एकूण 5 %) (For detail please refer the GR No. �� . �. ��/2016/�.�.-2/� �., �� 12/02/2016 �� . �� 2016/�.�.2/� �, �� 17/03/2016).

20. 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.

21. Tenderer/Bidder should submit Affidavit and Undertaking in requisite format on Rs.100/-

stamp paper and all Annexure in prescribed format.

22. Note :- Tenderer has to submit the bid considering Circular of Government of

Maharashtra, Finance Department, No. जीएसट6-2017/�.;.81/कराधान-1, Pद.19/08/2017 regarding applicability of GST form 1st July 2017.

Signature of Tenderer No. of corrections

Signature of Executive Engineer (Vashi) Signature of City Engineer

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Navi Mumbai Municipal Corporation.

Name Of Work :- Construction of RCC Storm Water Drain from Jai Jawan Society to Abhyudaya Bank in Sector 17 Vashi. Tender Notice No. 317 (01)/2018-19.

SCHEDULE ‘B’

Sr.

No. Quantity Description of Item Specification Unit Rate in Rs.

Amount in

Rs.

1 420.00 Removing cement tiles, or marble or polished shahabad floor or dado without bed concrete

including stacking the materials as directed with all leads, lifts, complete

As directed by Engineer in

Charge

Sq Meter 25.20 10584.00

2 117.00 Dismantling the R.C.C. Work 1:2:4 and sorting out the materials such as steel etc. as directed

and stacking them within the specified lead as directed etc. complete


Charge

Cu Meter 823.20 96314.40

3 52.50 Removing lime or lean cement concrete including stacking the spoils as directed with all

leads, lifts etc, complete


Charge

Cu Meter 317.10 16647.75

4 487.50

Excavation for foundation in earth, soil of all types, sand, gravel and soft murum, including

removing the excavated material up to a distance of 50 m. beyond the building area and

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.)


Charge

Cu Meter 131.25 63984.37

5 240.00 De watering the excavated trenches and pools of water in trenches by using pumps including

cost of machinery, labour, fuel etc complete.


Charge

Hour 65.10 15624.00

6 137.00 Providing soling using 80 mm size trap metal in 15 cm. layer including filling voids with

Crushed sand/grit, ramming, watering etc. complete


Charge

Cu Meter 1155.66 158325.42

7 70.00

Providing and casting in situ cement concrete 1:2:4 of trap / granite / quartzite / gneiss metal

for foundation & bedding including centering, formwork, compacting, roughening them if

special finish is to be provided and curing and finishing if required .............complete


Charge

Cu Meter 5056.62 353963.40

8 56.51

Providing and laying Cast in situ/Ready Mix cement concrete M-25 of trap / granite

/quartzite/ gneiss metal for R.C.C. work in foundations like raft, strip foundations, grillage

and footings of R.C.C. columns and steel stanchions etc. including bailing out water,

formwork ,cover blocks, laying/pumping, compaction and curing roughening the surface if

special finish is to be provided (Excluding reinforcement and structural steel) etc. complete,

with fully automatic micro processor based PLC with SCADA enabled reversible Drum

Type mixer/ concrete Batch mix plant (Pan mixer) etc. complete. With natural sand/V.S.I.

quality Artificial Sand


Charge

Cu Meter 6062.80 342608.82

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9 67.84

Providing and laying Cast in situ/Ready Mix cement concrete in M-25 of trap/ granite/

quartzite/ gneiss metal for R.C.C. pardi of required thickness including centering, formwork,

cover blocks, laying/pumping, compacting and roughening them if special finish is to be

provided and curing complete.(Excluding reinforcement and structural steel).with fully

automatic micro processor based PLC with SCADA enabled reversible Drum Type mixer/

concrete Batch mix plant (Pan mixer) etc. complete. With natural sand/V.S.I. quality

Artificial Sand


Charge

Cu Meter 10926.40 741246.97

10 46.87

Providing and laying Cast in situ/Ready Mix cement concrete M-25 of trap/ granite /

quartzite/ gneiss metal for R.C.C. slabs and landings as per detailed designs and drawings

including centering, formwork, cover blocks, compaction, finishing the formed surfaces with

cement mortar 1:3 of sufficient minimum thickness to give a smooth and even surface or

roughening if special finish is to be provided and curing etc. complete.(Excluding

reinforcement and structural steel).with fully automatic micro processor based PLC with

SCADA enabled reversible Drum Type mixer/ concrete Batch mix plant (Pan mixer) etc.

complete. With natural sand/V.S.I. quality Artificial Sand


Charge

Cu Meter 9852.25 461774.95

11 25.68

Providing and fixing in position TMT - FE - 500 bar reinforcement of various diameters for

R.C.C. 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 complete


Charge

M.T. 57628.20 1479892.17

12 27.44

Providing and laying Cast in situ/Ready Mix cement concrete in M20 of trap/

granite/quartzite/gneiss metal for bed blocks, foundation blocks and such other items

including bailing out water, plywood/steel formwork, laying/ pumping, compacting,

roughening them if special finish is to be provided, finishing uneven and honeycombed

surface and curing etc. complete. The Cement Mortar 1:3 plaster is considered for rendering

uneven and honeycombed surface only. Newly laid concrete shall be covered by gunny bag,

plastic, tarpaulin etc. (Wooden centering will not be allowed.), with fully automatic micro

processor based PLC with SCADA enabled reversible Drum Type mixer/ concrete Batch

mix plant (Pan mixer) etc. complete. With natural sand/V.S.I. quality Artificial Sand


Charge

Cu Meter 5289.48 145143.33

13 699.00 Disposal of excavated materials lead up to 5 Km --- etc complete


Charge

Cu Meter 105.25 73569.75

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14 51.00

Providing and laying concrete pipes of I.S.NP. class of 225mm diameter in proper line, level

and slope including necessary collars, excavation, laying, fixing with collars in cement

mortar 1:1 and refilling the trench complete


Charge

RMT 563.85 28756.35

15 51.00

Providing and fixing 0.90mx0.9m (Frame size-1017mx1.17m.) Double Cover Composites

Resin Manhole frame with cover (for footpath), with top coat of decoratvie granite finish of

approved color, confirming to relevant grade steel wire rope locking arrangement..etc


Charge

Sq Meter 15800.00 805800.00

16 250.00 Removing and Re fixing of existing old kerbstones, pointing in M1:3 Curing etc


Charge

RMT 394.00 98500.00

17 75.00 Filling in plinth and floors with contractors material/brought from outside and approved by

Engineer incharge in layers of 15 cm to 20 cm including watering and compaction etc.


Charge

Cu Meter 582.51 43688.25

18 280.00 Removing and Fixing Rubber Moulded paver blocks of approved design and shade of 60mm

thickness on a stone dust bedding of 60mm thick etc complete


Charge

Sq Meter 129.00 36120.00

19 420.00 Providing and Fixing Rubber Moulded Paver Block of approved design and Shade of 60mm

thickness on a stone dust bedding of 60mm thick etc complete.


Charge

Sq Meter 1960.00 823200.00

20 125.00 Providing and Fixing Rubber Moulded Kerbstone of size 300x300x150mm etc complete.


Charge

RMT 1275.00 159375.00

Say as 59,55,118.93

Total 59,55,119.00

GST at the rate of 12 % will be paid as per Government GR. (Rs.7,14,614/-)

(Contractors Quoted percentage (+ / -)-

(In Words -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------)

Quoted Amount Rs. –

(In Words -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------)

Signature of Tenderer No. of corrections Signature of Executive Engineer (Vashi) Signature of City Engineer

Signature of Tenderer No of Corrections Signature of City Engineer

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, Navi Mumbai Municipal

Corporation, Belapur Bhavan, C.B.D. 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 contractors 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

through 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 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 amount indicated in the Tender Notice as Earnest

Money Deposit (EMD). The Earnest Money shall be deposited in the form of

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

tender(s). No interest shall be payable by the Corporation in respect of such deposited

Earnest Money.

6.2 Alternatively the Tenderer can also deposit a fixed EMD at NMMC office which will

be credited to his account.

6.3 The Tenderer should refer user’s guide while depositing EMD through 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 and conditions 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 forfeited by

the Corporation.

8.0 REFUND OF EARNEST MONEY:

The Earnest Money of 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

his 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 who fulfil 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 out

standing works under execution by him for the Corporation or any other employer

shall not be more than four the value of the average annual turnover of works

executed during the preceding three financial years ending 31st March.

12.0 RELATIONSHIP 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 BMPC Act, 1949. The Tenderer

shall furnish and 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.


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 Corporation’s cost to arrive at the contract value for the work in Schedule

B. In case of item rate, rate should be mentioned in front 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 surroundings 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 accommodations 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 / 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 charge 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 the following offices/manner:

a) Hon. Commissioner’s office, 1st Floor, Belapur Bhavan.

b) Medical Health Officer’s office, 8th Floor, Belapur Bhavan.

c) By courier or by mail within specified time, as indicated above.

The tenders of 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 upto 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 Tenderer may modify or withdraw his offer after submission, provided the

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 Tenderer, subsequent to the closing date and time or submission of

offers.

19.0 CONTENTS:

19.1 Tenders are invited in two envelope system. The completed Tender shall be

submitted in sealed envelope, super scribing the name of Work & C.A. No.

mentioned in the Tender notice.

19.2 Full name and address of the Tenderers 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 Documents mentioned as below from ‘a’ to ‘n’. This

envelope may contain other Documents also such as Technical bids, drawings, any

other 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 authorizing the person to sign the Tender Document (See

clause-20 (e)).

e) EMD in the form of Demand Draft / Pay Order (as per clause 6.0 above) or

valid certificate of exemption issued by the City Engineer 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 firm in Annexure 3.

i) The Tenderer shall furnish a statement showing the type and magnitude of

works done in last 3 years as per Annexure 4.

j) List of Works in hand as on the date of submission of this Tender in Annexure 5.

k) List of Works with tenderer as on the date of submission of this Tender in

Annexure 6.

l) List of machinery and plant immediately available with the Tenderer for use

on this work and list of machinery proposed to be utilized on this work but not

immediately available and the manner in which it is proposed to be procured

in Annexure 7.

m) Details of Technical personnel available with the Contractor in Annexure 8.

n) Affidavit on a Non-Judicial 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 initialed on each page and signed by the tenderer(s) at prescribed

places of the Tender Documents, including signature of witness (un-conditional).

For tender amount above Rs.25 lacs: e-submission only.

Covering Envelope


Both the envelopes 1 & 2 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-bid meeting only if provided in the

Tender. In case no pre-bid meeting is to be held the tenderer should seek

clarification on 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 copy of power of attorney of person

signing the Tender shall be enclosed with the Tender. The power of attorney

shall be signed by the partners. In case of private limited / public limited

companies, the power of attorney shall be supported by Board resolution 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 pages 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 surroundings 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 material

necessary for the completion of the works and means of access to the sight,

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 or

otherwise shall be allowed. A declaration and undertaking to this effect

should be signed by the Tenderer in the form attached at Annexure-2.

i) The Tenderer shall submit the tender which satisfies each and every condition

laid down in the Tender Notice, failing which the tender will be liable to be

rejected. Conditional tenders will be rejected.

21.0 CORRUCT OR FRAUDULANT 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 defined for the purpose of this

provision, the terms set forth as follows.

a) “Corrupt practices” 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 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

level and to deprive the Corporation 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 declare 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 time and date

specified in the Tender Notice will be opened as per the specified programme in the


office as mentioned in the Tender notice (if possible). The Tenders will be opened in

the presence of Tenderers or their authorized representatives who choose to remain

present on the opening day at the scheduled time.

For the work of Rs.25 lakhs above, tender will be opened 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 evolution, the Corporation will determine the substantial

responsiveness of each offer to the tender Documents. For Purpose of these Clauses,

a substantially responsive bid is one that conforms 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 resources 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-conformity.

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 Tenderers for technical clarification of their offer. The

request for such clarification and the response shall be in writing. To speed up the


Tender process the Corporation, at its discretion, may ask for any technical

classifications 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

proformae of submission of Tender and percentages 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 TENDERERS

The Corporation will short-list technically qualifying tenderers and commercial offers

of only these tenderers 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 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 SUCCESSFUL TENDERER

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

31.1 The contractor shall pay a Security Deposit equal to 5 per cent of the contract sum as

security for due fulfillment of the contract, unless otherwise stated in the Tender

Document. The mode of making security deposit is as under.

a) Initial or contract deposit

A sum, which along with the Earnest Money already paid amounts to

2.75% of the contract sum, shall be paid within 15 days after receipt of

information 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 the form of National Saving Certificate pledged in favour of the

Corporation or Bank Guarantee / Fixed deposit from Nationalised /

Scheduled Banks in the enclosed format.


iii) Partly in cash and partly in the form of National Saving Certificate

pledged in favour of the Corporation or Bank Guarantee / fixed Deposit

from Nationalised / Scheduled Banks in the enclosed format.

b) Retention Money

The remaining amount of the Security deposit i.e. 2.25% 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 the contract or any other account whatever, may be deducted from or

paid by the sale of a sufficient part of the 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 or 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, LEGAL AND STATUTORY 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.

34.0 LICENCES

The successful Tenderer should complete statutory instructions of the contract

labour and will be required to produce to the satisfaction of the City Engineer a valid

contract labour licence issued in his favour under the provision of the Contract

Labour Licence (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 spilt 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 from part of the contract.


ANNEXURE – 1

FORM OF BANK GUARANTEE BOND

1. 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, (indicate the name of bank)

_____________________ (hereinafter referred to as “the bank”) at the request of

Contractor(s) do hereby undertake to pay the NMMC an amount not exceeding

Rs.___________ against any loss or damage caused to or suffered or would be caused to

or suffered by the NMMC by reason of any breach by the said contractor(s) of any of the

terms or conditions contained in the said Agreement.

2. We __________________________________ (indicate the name of bank) do hereby

undertake to pay the amounts due and payable under this guarantee without any demur,

merely 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 reason of the Contractor(s)’ failure to perform the said Agreement. Any

such demand made on the bank shall be conclusive as regard 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 notwithstanding any dispute

or disputes 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 valid discharge of our liability for

payment thereunder and the Contractor(s) / Supplier(s) shall have no claim against us for

making such payment.

4. We ___________________________________ (indicate the name of Bank) further agree

that the guarantee herein contained shall remain in full force and effect during the period

that will 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

Contractors(s) and accordingly 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 __________________________ (Indicate the name of Bank) further agree that the

NMMC shall have the fullest liberty without our consent and without affecting in any

manner our obligation hereunder to vary any of the terms and conditions of the said

Agreement or to extend time to performance by the said Contractors(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 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 ______________________ (Indicate the name of Bank) lastly undertake not to

revoke this guarantee during its currency except with the previous consent of the NMMC

in writing.

Dated the…………day of ……………………2017


For……………………………………………………

(Indicate the name of Bank)

ANNEXURE – 2

UNDERTAKING

(On a Rs. 100/- Stamp Paper)

This information / Documents submitted by us are true to our knowledge and if the

information / Documents so furnished shall be found to be false, the Tender shall be liable to

be disqualified and our Earnest Money accompanying Tender will be forfeited.

Also I/We are 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 on 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, NMMC or his duly authorized assistant,

before starting the Work and to abide by his decision.

I/We agree that 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 scheduled ‘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 forfeited as aforesaid.

Should this Tender be accepted I / we hereby agree to abide by and fulfill all the terms and

conditions and provisions of contract annexed hereto so far as applicable and in default

thereof to forfeit and pay to NMMC the sums of money mentioned in the said conditions.


Demand draft no ………………dated ……..…….from the Nationalized / 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 NMMC should I/we not deposit the full amount of Security Deposit

specified in the Detailed Tender Notice.

Tenderer………………………………….

Address…………………………………..

……………………………………………

Dated the………………day of…………..20 17

Signature of Tenderer

(Witness)………………………………….

Address……………………………………

……………………………………………

Signature of Witness

Address……………………………………

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/ Partners/ Director

Name Address Qualification and Experience


4. Annual Turnover Previous Financial year (Y-1) 2nd Previous Financial year(Y-2) 3rd Previous Financial yea (Y-3)

Certified copy of Audited Balance Sheet Profit / Loss Statement attested

(Yes / No)

5. Details of Black Listed & Litigation

6. Remarks

Signature of Proprietor or Authorized person of the Firm


ANNEXURE - 4

Detail 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

Note: The turnover amount should be certified and audited by CA of firm and separate sheet should be enclosed.


ANNEXURE – 5

List of Works in Hand as on the date of Submission of Tender

Sr. No.

Name of work

Name of Deptt. & Address

Cost of Work Anticipated Date of

Completion

Remarks

Tender Cost

Cost of Remaining Work

1 2 3 4 5 6 7


ANNEXURE – 6

List of Works Tendered as on the date of Submission of Tender

Note: 25 % to 50% estimated amount shall be considered based on stipulated period of

completion.

Sr. No.

Name of work

Name of Deptt. & Address

Work Tendered for Remarks

Estimate Cost

Date when decision expected

Stipulated date of period of completion

1 2 3 4 5 6 7


ANNEXURE – 7

List of relevant plant and machinery

Note: The turnover amount should be certified and audited by CA of firm and separate

sheet be enclosed.

Sr. No.

Name of equipment

No. of Units Kind and make

Capacity Age & Condition

Present Location

Remarks

1 2 3 4 5 6 7 8

A)

B)

Immediately

available Proposed to be procured for the Work


ANNEXURE – 8

Details of Technical Personnel available with the Contractor

Sr. No.

Name of work Technical Qualification

Whether working in field or in office

Experience in execution of similar Works

Period for which the person is

Working with tenderer

Remarks

1 2 3 4 5 6 7

Signature of Tenderer No. of Corrections Signature of City Engineer

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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 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 councilor.”

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 ……………………………………….

………………………………………

Dated the …………….. day of ……………… 2012 Signature of Tenderer

Witness ………………………………………

Address ………………………………………

………………………………………

Occupation ………………………………………

Signature of Witness

GENERAL CONDITIONS OF CONTRACT PART - I

INTERPRETATIONS AND DEFINITIONS


32

1 S ingular and P lural .

Where the context so requires, words impor t ing the s ingular sha l l a lso mean the p lural and vice versa.

2. Gender Words impor t ing the mascul ine gender shal l a lso inc lude the feminine gender.

3. Def in it ions (a) ‘Corporat ion ’ shal l mean Navi Mumbai Munic ipal Corporat ion as incorporated under the BPMC Act, 1949.

(b) The ‘Munic ipal Commiss ioner ’ shal l mean the Munic ipal Commiss ioner of the Corporat ion, for the t ime being hold ing that of f ice and a lso his successor and shall inc lude any of f icer author ized by h im .

(c) The ‘Engineer ’ shal l mean the C i ty Engineer appointed for the t ime be ing or any other of f icer or of f icers of the Corporat ion who may be author ized by the Commiss ioner to car ry out the funct ions of the Engineer .

(d) ‘Engineer ’s Representat ive’ shal l mean Execut ive Engineer / Deputy Engineer / Sect ional Engineer /Jun ior Engineer or any other munic ipal employee or employees appointed f rom t ime to t ime by the ‘Engineer ’ to per form the dut ies set for th in Clause No.66 hereof and general ly to ass is t the Engineer for the purpose of the contract and whose author i ty sha l l be not i f ied in wr i t ing to the contrac tor by the Engineer .

(e) The ‘Contract ’ sha l l mean the tender and acceptance thereof and the formal agreement i f any, executed between the Contrac tor , and the Corporat ion together wi th the Documents refer red to there in inc luding these condi t ions and appendices and any spec ial condi t ions , the spec i f icat ions , des igns, drawings, pr ice schedules , b i l ls of quant i t ies and schedule of ra tes . A l l these Documents taken together sha l l be deemed to form one Contrac t and shal l be complementary to one another .

The order of precedence in case of d iscrepanc ies shal l be as under,

1. Contract Agreements . 2. The le t ter of Acceptance. 3. Not ice inv i t ing Tender & Instruct ions to Tenderer . 4. Spec ial Condi t ions of Contrac t . 5. The Genera l Condi t ions of Contract . 6. Schedule of Rates & Quant i t ies . 7. The Technica l spec i f icat ions . 8. The Drawings 9. Schedules & Annexures ( f ) The ‘Contractor ’ shal l mean the indiv idual or f i rm or

company whether incorporated or not , undertak ing the Works and shal l inc lude legal representat ives of such indiv idual or persons compos ing such f irm or un incorporated company or successors of such f irm or company as the case may be and permit ted ass igns of such indiv idual or f i rm or company.

(g) ‘Contract sum ’ means the sum named in the le t ter


33

of acceptance inc luding phys ical cont ingenc ies subjec t to such addi t ion thereto or deduct ion there-f rom as may be made under the prov is ions hereinaf ter conta ined.

Note : The contract sum shal l inc lude the fo l lowing : - 1.(a) In the case of percentage ra te contrac ts , the

est imated va lue of Works as ment ioned in the tender adjus ted by the Contractor 's percentage.

(b) In the case of i tem rate contrac ts , the cos t of the Work ar r ived at af ter extens ion of the quant i t ies shown in schedule of i tems/ quant i t ies by the i tem rates quoted by the tenderer for var ious i tems and summat ion of the extended cost of each i tem. (c ) In case of lump sum contrac t , the sum for which tender is accepted.

2. Spec ia l d iscount/ Rebate/ T rade discount of fered by the tenderer i f any and accepted by the Corporat ion.

3. Addi t ions or de let ions that are accepted af ter opening of the tenders.

4. Phys ical cont ingenc ies, i f any an accepted by the Corporat ion.

(h) ‘Excepted r isks ’ are r isks due to r io ts (otherwise than among Contrac tors ’ employees) and c iv i l commotion ( in so far as both these are un insurable) , war (whether dec lared or not) , invas ion, ac t of foreign enemies , hos t i l i t ies , c iv i l war , rebel l ion, revolut ion, insurrec t ion, m i l i tary or usurped power , any ac t of government, damage f rom aircraf t , acts of god, such as ear thquake, l ightn ing and unprecedented f loods and other causes over which the Contrac tor has no control and accepted as such by the Commiss ioner .

( i ) The ‘Si te ’ mean the land and other p laces , more spec i f ica l ly ment ioned in the spec ial condi t ions of the tender , on, under , in or through wh ich the Works or temporary Works are to be executed and any other lands and places prov ided by the Corporat ion for work ing space or any other purpose as may be spec if ical l y des ignated in the contract as form ing par t of the s i te.

( j ) ‘Urgent Works’ shal l mean any measures which in the op in ion of the Engineer become necessary dur ing the progress of the Work to obviate any r isk of acc ident or fa i lure or which become necessary for secur i ty.

(k) The ‘Works ’ shal l mean the tasks to be executed in accordance wi th the contrac t or par t (s) thereof , as the case may be , and shal l inc lude a l l extra or addi t ional , a l tered o r subs t i tu ted Works as required for performance of the contrac t .

( l ) ‘Construc t ion P lant ’ shal l mean al l appl iances or th ings of whatever nature required in or about the execut ion, complet ion or maintenance of the Works or temporary Works (as here in af ter def ined) but sha l l not inc lude mater ia ls or other th ings intended to form or forming par t of the Works.


34

(m) ‘Temporary Works ’ sha l l mean a l l temporary tasks of every k ind requi red in or about execut ion, complet ion or maintenance of the Work.

(n) ‘Drawing ’ shal l mean the drawings referred to in the spec i f icat ion and any modif icat ion of such drawings approved in wr i t ing by the Engineer and such drawings as may f rom t ime to t ime be furn ished or approved in wr i t ing by the Engineer .

(o) ‘Approved’ shal l mean approved in wr i t ing inc luding subsequent conf i rmat ion of previous verbal approval and “Approval” shal l mean approval in wr i t ing inc luding as aforesaid .

(p) ‘Spec if icat ion’ means the spec if icat ion refer red to in the tender and any modif icat ion thereof or addi t ion or deduc t ion thereto as may f rom t ime to t ime be furn ished or approved in wr i t ing by the Engineer .

(q) “Tender” means the Contrac tor ’s pr iced of fer to the Corporat ion for the execut ion and complet ion of the Works and the remedying of any defects there in in accordance with the prov is ion of the Contrac t , as accepted by the Let ter o f Acceptance.

( r ) ‘Let ter of Acceptance’ means the formal acceptance by the Corporat ion.

(s) ‘Commencement Date ’ means the date upon which the Contrac tor rece ives the not ice to commence the work issued by the Engineer pursuant to Clause 80.

( t ) ‘T ime for Complet ion’ means the t ime for complet ing the execut ion of and pass ing the Tes ts on Complet ion of the Works or any Sect ion or par t thereof as s tated in the Contrac t (or as extended under C lause 83 calcu lated 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.

PART – I I INSTRUCTIONS TO CONTRACTOR

4. Scope of Work

The Work to be car r ied out under the Contrac t shal l , except as otherwise provided in these condi t ions, inc lude al l labour , mater ia ls , tools , p lant , equ ipment and t ranspor t wh ich may be required in preparat ion of and for and in the fu l l and ent i re Execut ion and complet ion of the Works . The descr ipt ions given in the schedule o f Works / i tems / quant i t ies , and the B i l ls of Quant i t ies shal l , unless otherwise s ta ted, be he ld to inc lude was te on mater ia ls , car r iage and car tage, carry ing in , re turn of empt ies , ho is t ing, set t ing, f i t t ing and f ix ing in pos i t ion and al l other labour necessary in and for the fu l l and ent i re execut ion and complet ion as aforesa id in accordance wi th good prac t ice and recognized pr inc ip les .


35

5. Corrupt or

Fraudulent

Pract ices

The Corporat ion requires that the bidders/suppl iers /

contrac tors under th is tender observe the highest

s tandards of eth ics dur ing the procurement and execut ion

of such contrac ts . In pursuance of th is pol icy, the

Corporat ion def ines for the purposes of th is prov is ion, the

terms set for th as fol lows:

a) “corrupt prac t ice” means the of fer ing, g iv ing, receiv ing

or so l ic i t ing of any th ing of value to inf luence the act ion of

the publ ic of f ic ia l in the procurement process or in

contrac t execut ion; and

b) “f raudulent prac t ice” means a mis representat ion of fac ts

in order to inf luence a procurement process or a execut ion

of a contrac t to the detr iment of the Corporat ion, and

inc ludes col lus ive prac tice among b idders (pr ior to or af ter

b id submiss ion) des igned to es tab l ish bid pr ices at

ar t i f ic ia l non-compet i t ive levels and to depr ive the

Corporat ion of the benef i ts of the f ree and open

compet i t ion;

The Corporat ion wi l l re jec t a proposal for award i f i t

determ ines that the B idder recommended for award has

engaged in corrupt or f raudulent prac t ices in compet ing for

the contrac t in quest ion; The Corporat ion wi l l a f i rm

ine l ig ib le, e i ther indef in i te ly or for a s tated per iod of t ime,

to be awarded a contrac t i f i t a t any t ime determines that

the f i rm has engaged in cor rupt and f raudulent prac t ices in

compet ing for , or in execut ing, a contract .

6 . Int imat ion to

Successfu l

Tenderers

The acceptance of tender may be communicated to the

Successfu l Tenderer in wr i t ing or o therwise e i ther by the

tender opening author i ty or any author i ty in the

Corporat ion.

7 . Secur i ty

Deposi t The Contrac tor shal l pay a secur i ty depos i t equal to f ive

percent of the contrac t sum as secur i ty for due fu lf i l lment

of the contrac t , unless otherwise s ta ted in the tender

Documents.

The mode of making th is deposi t is as under .

In i t ia l or contract depos i t

A sum, which along wi th the earnes t money a lready pa id ,

amounts to three percent of the contract sum shal l be pa id

wi th in 15 days af ter receip t of in t imat ion in wr i t ing o f

acceptance of tender. I t is opt ional to the contrac tor to

make the contrac t depos i t in one of the other of the

fo l lowing ways :

i ) Whol ly in cash or .

i i ) Whol ly in form of Nat ional sav ing Cert i f ica te pledged

in favour of the Corporat ion or Bank Guarantees /

F ixed depos i t f rom Nat ional i zed / Scheduled Banks in

the enc losed format.

i i i ) Par t ly in cash and part ly in form of Nat ional saving

Cert i f icate pledged in favour of the Corporat ion or

Bank Guarantees / F ixed depos i t f rom Nat ional ized /


36

Scheduled Banks in the enc losed format

Retent ion Money:

The remain ing amount of the secur i ty deposi t i .e. 2% shal l

be recovered f rom the Contractor ’s running b i l ls at the rate

of f ive percent and such re tention together wi th the

contrac t deposi t made as aforesaid shal l not exceed in the

aggregate f ive percent of the contrac t sum af ter which

such retent ion wi l l cease.

8 . Forfei ture of Secur i ty Deposi t

A l l compensat ion or other sums of money payable by the contrac tor under the terms of th is contract or any other account whatsoever, may be deducted f rom or paid by the sa le of a suf f ic ient par t of th is secur i ty depos i t / re tent ion money or f rom the in teres t ar is ing there f rom or f rom any sums which may be due or may become due to the Contrac tor by the Corporat ion on any account whatsoever , and in the event o f h is secur i ty deposi t / retent ion money be ing reduced by reason of any such deduc t ion or sa le as aforesaid , the contractor shal l wi th in 15 days of receip t 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 hav ing been made by the contrac tor by de l ivery to the Corporat ion of the Guarantee of the Bankers of the Contrac tor , and of the contrac tor under any of the prov is ions of th is contrac t becoming subjec t to or l iab le for any penal ty for damages l iqu idated or un l iquidated or of the sa id depos i t becoming forfe i ted any breach or fa i lure or determinat ion of contrac t , then, and in such case the amount of any such penal ty or damages and the deposi t so for fe i ted is not prev ious ly pa id to the Mun ic ipa l Commiss ioner, shal l immediate ly on demand be paid by the said Bankers to and may be for fe i ted by the Munic ipal Commiss ioner under and in terms of the sa id Guarantee.

9 . Execut ion of Contrac t Document

The successfu l tenderer a f ter fu rn ish ing In i t ia l Secur i ty

Depos i t , i s r equ ired to execu te an Agreemen t in dup l ica te in

the fo rm a t tached wi th the tender Documents on a s tamp paper

o f p rope r va lue . The proper va lue a t presen t i s Rs . 100 /- . The

agreement should be s igned wi th in one mon th f rom the da te o f

accep tance of the tender

10. Issue of Work Order

Work Order w il l be is sued a f te r execu t ion of con trac t

documen t .

11. Contrac t Documents

The Con trac tor sha l l be fu rn ished , f ree o f charge ; two cer t i f ied

t rue cop ies o f the con trac t Documen ts and a l l fu r ther drawings

wh ich may be issued dur ing the p rogress o f the Work. None of these Documen ts sha l l be used by the Contrac tor fo r any

purpose o ther than tha t o f th is con trac t .

12. Indemni ty Bond

The con trac to r sha l l requ ire to execu te an Indemnity Bond for

sa t is f ac to ry per formance of the en t i re pro jec t on Stamp paper

o f Rs .100/- in the fo rmat as per Annexure ‘D’ . Th is Indemnity Bond sha l l r emain in fo rce fo r per iod men t ioned in Schedule

‘A’ as Defec t Liab i l i ty Per iod a f te r comp let ion of the p ro jec t .

13. Licences The successfu l tenderer shou ld comply s ta tu to ry ins t ruc t ion of

con trac t labour & wil l be requ ired to p roduce to the

sa t is f ac t ion of the Engineer a va l id con trac t labour l icence


37

i ssued in h is f avour under the p rov is ion of the Con trac t Labour

Licence (Regu la t ion and Abol i t ion) 1970 , before s ta r t ing the

Work . On fa i lu re to do so , the accep tance of the tender i s

l iab le to be w i thdrawn and a lso the earnest money is l iab le to

be fo r fe i ted .

14. Detai ls to be Conf ident ia l

The Con trac tor sha l l t rea t the de ta i ls o f the Con trac t as p r iva te

and conf iden t ia l , save in so fa r as may be necessary fo r the

purposes thereo f , and sha l l no t pub l ish o r d isc lo se the same or

any par t icu lar s thereof in any t r ade or techn ica l paper o r

e lsewhere wi thout the p rev ious consen t in wr i t ing o f the Engineer . I f any d ispu te ar ises as to the necess i ty o f any

pub l ica t ion o r d isc losure fo r the purpose of the con trac t the

same sha l l be r efe r red to the Corpo ra t ion whose de te rmina t ion

sha l l be f ina l .

15. Of f ic ia l Secrecy

The Con trac to r sha l l , whenever r equ ired , take necessa ry s teps

to ensure tha t a l l p ersons employed on any Work in connec t ion

wi th th is Con trac t have no t iced tha t the Ind ia o f f ic ia l Secre ts

Act 1923 (XIX o f 1923) app lies to them and sha l l con t inue to

app ly even a f ter execu t ion o f such Work under the Con trac t .

16. Ass ignment The Con trac tor sha l l no t ass ign t r ans fer o r a t tempt to as s ign ,

t ransfe r the Con trac t o r any par t thereo f , o r any benef i t o r

in te res t there in o r there under o therwise than by a charge in

favour o f the Con trac to r’s bankers o f any Money due o r to

become due under th is con trac t , w i thout the p r ior wr i t ten

approva l o f the Commiss ioner .

17. Sub- le t t ing The Con trac tor sha l l no t sub - le t o r a t temp t to sub- le t the who le

o f the Works . Excep t where o therwise p rov ided by the

Con trac t , the Con trac to r sha l l no t sub - le t any par t o f the Works

wi thout the pr io r wr i t ten approva l o f the Engineer , wh ich sha l l

no t be unreasonab ly wi th -he ld , and such app rova l , i f

g iven , sha l l no t r e l ieve the Con trac tor f rom any l iab i l i ty o r

ob l iga t ion under defau l ts and neglec ts o f any sub-contrac to r ,

h is agen ts , servan ts o r Workmen as fu l ly as i f they

were the ac ts , defau l ts o r neglec ts o f the Contrac to r , h is

agen ts , s ervan ts or Workmen . Provided a lways tha t the

engagemen t o f labour on a p iecework bas is o r

labour wi th mater ia l no t to be incorpora ted in the Work sha l l

no t be deemed to be a sub -le t t ing under th is Clause .

The Con trac to r sha l l be respons ib le fo r observance by h is sub -

contrac to rs o f the foregoing p rov is ions

18. Changes in Cons t i tu t ion

Where the con trac tor i s a par tner sh ip f i rm, the p r io r approva l

in wr i t ing o f the Commiss ioner sha l l be ob ta ined before any

change is made in the cons t i tu t ion o f the f i rm. Where the

con trac to r i s an ind ividua l o r H indu Und ivided family bus iness

concern such approva l as a foresa id sha l l l ikewise be ob ta ined

before the con trac tor en ter s in to any par tnersh ip agreement

where under the par tner sh ip f i rm would have the r igh t to car ry

ou t the Work hereby under taken by the con trac tor . I f p r io r

approva l as afo resa id is no t ob ta ined the con trac t sha l l be

deemed to have been as s igned in con traven t ion of the Clause

No . 108 hereo f and the same ac t ion may be taken and the same

consequences sha l l en sure as p rov ided for in the sa id

cond i t ion .

19. Power of A t torney

The con trac tor sha l l no t i ssue any k ind o f power o f a t to rney in

favour o f h is bankers fo r rou t ine payments to the con trac tors

th rough Bank.


38

20. Contrac tors Staf f

The Contrac tor sha l l emp loy in and about the execu t ion of

Works on ly such persons as a re sk i l led and are exper ienced in

the i r s evera l t rades and the Engineer sha l l be a t l iber ty

to ob jec t to and requ ire the Con trac to r to r emove f rom the

Works any per son , employed by the Con trac tor in o r about the execu t ion o f the Works , who in the op in ion of the Engineer

misconducts h imse lf o r i s incompeten t o r negl igen t in the

p roper perfo rmance of h is du t ie s and such person sha ll no t be

aga in employed upon the Works wi thout permiss ion o f the

Engineer .

21. Contrac tors ’ Supervis ion

The Contrac tor shal l h imsel f superv ise the execut ion of Works or shal l appoint competent agent approved by the Engineer to act in his s tead. I f , in the op inion of the Engineer the Contrac tor h imself not have suf f ic ient knowledge and exper ience to be capable o f receiv ing ins truc t ions or cannot give his fu l l at tent ion to the Works , the Contractor shal l at h is own expense, employ as h is accredi ted agent an Engineer or a sui tab ly qual i f ied and exper ienced person approved by the Engineer . The name of the agent so appointed, a long-wi th the qual i f ica t ions , exper ience and address shal l be communicated to the Engineer . The agent shal l be a respons ible person adequate ly organisation by the Contrac tor to take dec is ion on s i te and to spend money i f required for procur ing mater ia l and labour e tc . to car ry out Emergency Works in the in teres t of the Work, i f so required by the Engineer . Orders g iven to Contrac tor ’s agent sha l l be cons idered to have the same force as i f these had been given to the Contrac tor h imself .

I f the Contrac tor fa i ls to appoint a su i tab le agent as directed by the Engineer , the Engineer shal l have fu l l powers to suspend the execut ion of the Works unt i l such date as a su i tab le agent is appointed and the Contractor shal l be held respons ib le for the de lay so caused to the Works.

22. Employment of Labour

The Contrac tor shal l employ the labour in suf f ic ient numbers to mainta in the requi red rate of progress and of qual i ty to ensure Workmanship, of the degree spec if ied in the Contrac t and to the sat is fac t ion of the Engineer. The Contrac tor shal l not employ in connect ion wi th the Work any chi ld who has not completed his 15th year of age. He shal l a lso not employ an adolescent who has not completed h is 18th year unless he is cer t i f ied f i t for Work as an adul t as prescr ibed under c lause (b) of sub-sect ion (2) of sec t ion 69 of the Fac tor ies Ac t , 1948.

The Contractor shal l make his own ar rangement for the engagement o f a l l labour loca l or otherwise.

The Contrac tor shal l indemnify the Corporat ion or any agent, servant or employee of Corporat ion for any lapses on the part o f contrac tor on account of non-compl iance of above referred ac ts .

23. Compl iance wi th Labour

The contrac tor sha l l pay fa i r and reasonable wages to the


39

Regulat ion.

Workmen employed by h im , for the contrac t under taken by him. In the event of any d ispute ar is ing between the contrac tor and h is Workmen on the grounds that the wages pa id are not fa i r and reasonable, the dispute shal l be refer red wi thout de lay to the Engineer , who shal l dec ide the same. The dec is ion of the Engineer shal l be conc lus ive and b ind ing on the contrac tor but such dec is ion sha l l not in any way af fec t the condi t ions in the contrac t regarding the payment to be made by Corporat ion at the same sanc t ioned tender rates.

The employees of the contrac tor and the sub-contrac tor in no case shal l be t reated as the employees of the Corporat ion at any poin t of t ime.

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK.

( i ) Workman Compensat ion Act 1923.

The Act provides for compensat ion in case of in jury by acc ident ar is ing out of and dur ing the course of employment.

( i i ) Payment of Gratu i ty Ac t 1972.

Gratu i ty is payable to an employee under the Act on sat is fac t ion of cer tain condi t ions on separat ion i f an employee has completed 5 years serv ice or more or on death a t the ra te o f 15 days wages for every completed year o f serv ice. The Ac t is appl icab le to al l es tab l ishments employing 10 or more employees.

( i i i ) Employees PF and Miscel laneous Provis ion Ac t , 1952.

The Act prov ides for month ly contr ibut ions by the employer p lus Workers @ 10% or 8.33%. The benef i ts payable under the Ac t are

(a) Pens ion or fam i ly pens ion on re t i rement or death as the case may be.

(b) Depos i t l inked insurance on the death in harness of the Worker.

(c) Payment o f PF accumulat ion on re t i rement/ death e tc .

( iv) Matern i ty Benef i t Act 1951

Act prov ides for leave and some other benef i ts to women employees in case of conf inement or m iscarr iage etc .

(v) Contrac t labour (Regulat ion and Abol i t ion) Act 1970.

The Ac t prov ides for cer tain wel fare measures to be prov ided by the contrac tor to contrac t labour and in case the contrac tor fa i ls to prov ide, the same are required to be provided by the Pr inc ipal Employer by law. The pr inc ipal employer is required to take Cert i f icate of Regis tra t ion and the Contrac tor is required to take a Licence f rom the des ignated Of f icer . The Ac t is appl icable to the establ ishments


40

or Contrac tor of pr inc iple employer i f they employ 20 or more contrac t labour.

(v i ) Min imum Wages Ac t 1970

The Contrac tor shal l see that the prov is ions set for under the Min imum Wages Ac t and Contrac t Regulat ion and Abol i t ion Ac t 1970 with the Maharashtra Contrac t Labour(regula t ion and abol i t ion) Rules 1971 as amended f rom t ime to t ime are fu l ly compl ied wi th by h im and shal l mainta in necessary regis ters and records for payment of wages , over t ime, etc . made to h is Workmen as required by the Conc i l ia t ion Of f icer (Centra l) , Minis tr y of Labour , Government of India , or such other organisat ion person appointed by the Centra l or State Government.

(v i i ) Payment of Wages Ac t 1936

I t lays down as to by what date the wages are to be pa id, when i t wi l l be paid and what deduc t ions can be made f rom the wages of the Workers.

(v i i i ) Equal Remunerat ion Ac t 1979.

The Act prov ides for payment of equal wages for Work of equal nature to Male & Female Workers and not for mak ing discr im inat ion against Female employees in the matters of t ransfers , t ra in ing and promot ions etc .

( ix ) Payment of Bonus Act 1965

The Ac t is appl icab le to al l es tabl ishments employing 20 or more Workmen. The Ac t prov ides for payments of annual bonus subjec t to a m inimum 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 get t ing Rs . 2500/- P .M. above upto 3500/- P .M. sha l l be Worked out by tak ing wages as Rs. 2500/- P .M. only. The Ac t does not apply to cer ta in es tab l ishments . The newly set up es tab l ishments are exempted for f ive years in cer ta in c i rcumstances . Some of the State Governments have reduced the employment s ize f rom 20 to 10 for the purpose of appl icabi l i ty o f the Ac t .

(x) Indus tr ia l D isputes Act 1947

The Act lays down the machinery and procedure for resolu t ion of indus tr ia l d isputes, in what s i tuat ions a s tr ike or lock-out becomes i l legal and what are the requirements for laying of f or retrenching the employees or c los ing down the es tab l ishment.

(x i ) Indus tr ia l Employment (Standing Orders ) Ac t 1946

I t is appl icab le to a l l es tab l ishments employing 1000 or more Workmen (employment s ize reduced by some of the States and Central Government to 50) . The Act prov ides for laying down ru les governing the


41

condi t ions of employment by the employer or matters prov ided in the Act and get the same cert i f ied by the des ignated Author i ty.

(x i i ) Trade Unions Act 1926

The Act lays down the procedure for regis trat ion of t rade unions of Workmen and employers . The t rade un ions reg is tered under the Act have been g iven cer tain immunit ies f rom c iv i l and cr im inal l iab i l i t ies .

(x i i i ) Chi ld labour (proh ibi t ion and regulat ion) Act 1986.

The Act prohibi ts employment of ch i ldren below 14 years of age in cer tain occupat ion and processes and provides for regulat ion of employment of ch i ldren in a l l other occupat ions and processes . Employment of ch i ld labour is proh ibi ted in Bui ld ing and Cons truc t ion Indus try.

(x iv) In ter -State Migrant Workmen’s (Regulat ion of Employment and Condi t ions of Serv ice) Act 1979.

The Ac t is appl icable to an es tab l ishment which employees 5 or more in ter -s ta te migrant Workmen through an in termediary (who has recrui ted Workmen in one s ta te for employment in the es tabl ishment s i tuated in another s ta te) . The in ter -s ta te m igrant Workmen, in an es tab l ishment to wh ich th is Ac t becomes appl icab le , are required to be provided cer tain fac i l i t ies such as housing, medica l a id , t ravel ing expenses f rom home upto the es tabl ishment and back, e tc .

(xv) The Bui ld ing & other Construct ion Workers (Regulat ion of Employment and Condi t ions of Serv ice) Ac t 1996 and the Cess Act of 1996.

Al l the es tabl ishments who car ry on any bui ld ing or other cons truc t ion Work and employs 10 or more Workers are covered under th is ac t . A l l such es tabl ishments are required to pay cess at ra te not exceeding 2% of the cos t of cons truct ion as may be not i f ied by the Government. The employer o f the es tabl ishment is required to prov ide safety measures at the Bui ld ing or Cons truct ion Work and other wel fare measures , such as Canteens , Fi rs t -Aid fac i l i t ies , Ambulance, Housing accommodat ion for Workers near the Workplace etc . The employer to whom the Ac t appl ies has to obta in a regis trat ion cer t i f ica te f rom the Regis ter ing Of f icer appointed by the Government.

24. Safety Prov is ions

The Contrac tor shal l at h is own expense ar range for the safety prov is ions indicated in Annexure `A ’ or as required by the Engineer , in respec t of a l l labour direct ly or ind irect ly employed for performance of the Works and shal l prov ide al l f ac i l i t ies in connect ion therewith . In case the Contrac tor fa i ls to make ar rangements and provide necessary fac i l i t ies as aforesa id, the Engineer sha l l be ent i t led to do so and


42

recover the costs thereof f rom the Contrac tor .

25. Prov is ion of Firs t -A id Box

The contrac tor shal l , at h is own cost , prov ide and mainta in at the s i te of Works a s tandard f i rs t a id box as d irec ted and approved by the Engineer for the use of h is own as we l l as the Corporation ’s s taf f on s i te .

26. Apprent ices The Contrac tor shal l comply wi th the prov is ion of the Apprent ice Ac t , 1961, and the rules and orders issued there under f rom t ime to t ime. The contrac tor sha l l dur ing the term of th is agreement maintain as a part of h is organisation a sys tem of apprent iceship for t ra in ing craf tsmen as may be approved by the Engineer. The apprent ices are to be engaged and t ra ined in the bu i ld ing craf t / t rades . The number of apprent ices to be engaged shal l be dec ided and got approved f rom the of f ice of the Di rector of Technica l Educat ion and State Apprent icesh ip Advisor , Maharashtra State, Dhobi Talao, Bombay –400 001. Fa i lure on the par t of the contractor to observe the s t ipu lat ion of th is condi t ion shal l be deemed to be fa i lure to employ a suf f ic ient number of proper and ef f ic ient Workmen and a l l the r ights and remedies of the Commissioner there in prov ided inc lud ing the power to determ ine the contract sha l l be appl icable in such case. The Contrac tor sha l l a lso be l iable for any pecuniary l iabi l i ty ar is ing on account of any v io lat ion by h im of the prov is ions of the Act .

27. Personnel The Contrac tor shal l employ the key personnel named in the schedule of key personnel (Annexure ‘B ’) or other personnel approved by the Engineer to car ry out the funct ions . The Engineer wi l l approve any proposed replacement of key personnel on ly i f their qual i f ica t ions , ab i l i t ies and re levant exper ience are subs tant ia l ly equal to or bet ter than those of the personnel l is ted in the schedule.

28. Temporary S i te Of f ice for the Engineer (For Works Cos t ing Above Rs . 50 Lacks Only)

The Contrac tor sha l l a t h is own cos t and to the sat is fac t ion of the Engineer, prov ide a s i te o f f ice of not less than 25 Sq. Mtr . W ith br ick wal ls , p las ter ing ins ide, rough Shahabad f loor ing and one wr i t ing tab le wi th s ix chai rs and large s ize s teel cupboard. He shal l a lso make necessary arrangements for dr ink ing water and e lec tr ic connec t ion and locking ar rangement. Upon complet ion of the whole work and af ter c lear ing the s i te and upon exp iry of defect l iabi l i ty per iod, the Contrac tor sha l l remove the s i te of f ice and take possess ion of the furni ture and cupboards prov ided by h im in the condi t ion i t was on the date of receiv ing back the same.

29. Contrac tor ’s Of f ice Near Works

The Contrac tor shal l have an of f ice near the Works at wh ich not ice f rom the Engineer may be served and shal l , between the hours of sunr ise and sunset on a l l Work ing days , have a c lerk or some other organisat ion person always present at such of f ice upon whom such not ices may be served and serv ice of any not ices lef t wi th such c lerk or other organisat ion person or at such of f ice shal l be deemed good serv ice upon the Contrac tor .

30. Permiss ion for Erect ion &

The Contractor sha ll obtain permiss ion for erec t ion of s i te of f ice, cement godown, s tore, etc . on payment of


43

Removal of Of f ice on Complet ion of Work

necessary charges as demanded by the concerned author i t ies as per the prevai l ing rules . The cement godown, Watchman cabins , etc . sha l l be prov ided as directed and shal l be removed by the Contractor on complet ion of the Work a t the i r cos t .

31. Use of Mun ic ipa l Land

(a)The Contractor sha l l not be perm it ted to en ter on (other than for inspect ion purposes) or take possess ion of s i te unt i l ins truc ted to do so by the Engineer in wr i t ing. The port ion of the s i te to be occupied by the Contractor shal l be def ined and/or marked on the s i te plan, fa i l ing wh ich these shal l be indicated by the Engineer. The Contrac tor shal l on no account be al lowed to extend h is operat ions beyond these areas . The use of such port ion of the s i te shal l be a l lowed f ree of any lease rent dur ing scheduled t ime per iod for the complet ion of the Work. However a t the exp iry o f the s t ipu la ted per iod of the Work , as may be extended f rom t ime to t ime, Contrac tor has to pay charges for these fac i l i t ies as per the prevai l ing rates lev ied by the Corporat ion for use of public ut i l i t y p laces . The Contrac tor wi l l be a l lowed to use the land for the purpose of sheds , of f ices thereon for themselves and for the Engineer and his subordinates and shal l remove the same f rom the ground on the complet ion of the Works , or when required to do so, by the Engineer af ter rece iv ing 7 days not ice. He shal l make good any damage which may have been done and res tore to good condi t ion any th ing wh ich may have been d is turbed dur ing the per iod of h is occupat ion. He shal l not use or a l low to be used any such ground, sheds or of f ices, or any por t ion of the s i te of the Works, for any other purpose than the carrying out of Works under th is Contrac t , fa i l ing which charges appl icab le wi l l become payable in the event o f there being on p lo t or ground or insuf f ic iency of ground be longing to the Corporat ion avai lab le for the above purpose, the Contrac tor shal l prov ide other such ground at h is own cos t . The Contractor shal l in any case pay al l taxes which may have to be paid in respect of a l l ground, sheds or of f ices used as above, and al l the l icense fees, e tc . , that may be demanded for the s torage or o therwise of the var ious ar t ic les as per ru les in force. The Contrac tor shal l prov ide, i f necessary or i f required on the s i te al l temporary accesses thereto and shal l a l ter , adopt and mainta in the same as required f rom t ime to t ime and shal l take up and c lear them away as and when no longer required and make good a l l damage done to the s i te. The contractor has a lso be al lowed at the sole d iscret ion of the corporat ion to s tack mater ia l required for execut ion of work in corporat ion land out o f the project area on payment of necessary charges as per corporation rules for use of roads publ ic ut i l i t y p laces.

32. Water Supply for Corporat ion Work

The water wi l l not be suppl ied by the Corporat ion. The Contrac tor has to make his own ar rangements for supply of water . However on avai lab i l i ty o f water i t can be suppl ied at the organisat ion Corporat ion rate and terms


44

and condi t ions .

33.

E lec tr ic Supply

No power connec t ion shal l be prov ided. The Contractor shal l make at h is own cos t h is own arrangement for power connec t ion, i f required.

34. Contrac tor to Protec t the Work

The contrac tor sha l l make his own ar rangements for protect ing the Work / protect ion ageis t obs truc t ions f rom any ant i -soc ial e lements by tak ing at h is / the ir cost po l ice protect ion or such other legal methods through law enforc ing author i t ies and that the Corporat ion shal l not be l iable to compensate the contractor on th is account . The Corporat ion would only forward the appl icat ion of the contrac tor to the pol ice Deptt . wi thout any l iab i l i ty agains t the Corporat ion on th is account.

35. Fenc ing, Watch ing and Light ing

The Contrac tor shal l provide and mainta in a t h is own expense a l l l ights , guards , fenc ing and watch ing when and where necessary or as required by the Engineer for the protect ion of the safety and convenience of those employed on the Works or the publ ic . In the event of fa i lure on the par t of the Contractor , the Engineer may wi th or wi thout no t ice to the Contrac tor put up a fence or improve a fence a lready 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 cos t of such procedures as may be adopted by the Engineer shal l be borne by the Contractor . In addi t ion the Engineer may impose such f ines or penal ty as the Engineer may deem reasonable, under Clause No. 53.

36. Contrac tor ’s Liabi l i t ies & Insurance (Car Pol icy)

From commencement to complet ion of the Works, the Contrac tor shal l take fu l l respons ibi l i ty for the care thereof and for tak ing precaut ions to prevent loss or damage and to m in im ize the loss or damage to the greates t extent poss ib le and shal l be l iab le for any damage or loss that may happen to the Works or any part thereof . The pol icy so obtained shal l cover ent i re per iod of cons truc t ion ( inc lud ing al l ex tens ions) and also shal l cover the Defec ts L iab i l i ty per iod. The pol icy shal l be for the tota l Contrac t Sum. Before commenc ing execut ion of the Work , the Contrac tors shal l wi thout in any way l im i t ing h is ob l igat ions and respons ibi l i t ies under th is condi t ion, insure agains t any damage loss or in jury which may occur to any proper ty (Pr ivate , Government and/or Corporation) or to any person ( inc lud ing any employee of the Corporat ion) by or ar is ing out of the contrac t . A l l insurances (Car Pol icy) to be af fec ted by the Contrac tors and/or h is sub-contractors shal l be taken out wi th Di rectorate o f Insurance, Maharashtra State only. In case, however, a par t icular aspec t is not covered under the pol icy to be obta ined f rom the Di rectorate of Insurance, Maharashtra s tate , the Contractor wi l l be al lowed to have such insurance f rom other insurance company with the pr ior permiss ion of the Commiss ioner. I f the Contrac tor has a b lanket insurance po l icy for a l l h is Works and the pol icy covers a l l the i tems to be insured under th is condi t ion, the sa id po l icy shal l be ass igned by


45

the Contrac tor , in favour of the Corporat ion; prov ided, however , i f any amount is payable under the po l icy by the insurers in respec t of Works other than the Works under th is Contract , the same may be recovered by the Contrac tor d i rec t ly f rom the insurers . The amount of c laim to the ex tent payment made by Corporat ion shal l be direct ly re imbursed to Corporat ion by insurer . PROVIDED always that the Contractor sha l l not be ent i t led to payment under the above prov is ions in respect of such loss or damage as have been occas ioned by any fa i lu re on his par t to perform h is obl igat ions under the Contract or not tak ing precaut ions to prevent loss or damage or m inim ize the amount o f such loss or damage. Where a Corporat ion ’s Bui ld ing or par t thereof is rented by the Contrac tor or is a l lowed to be used by h im , he shal l insure the ent i re bui ld ing i f the bu i ld ing or any part thereof is used by h im for the purpose of s tor ing or us ing mater ia ls of combust ib le na ture as to which the dec is ion of the Engineer shal l be f inal and binding. The Contrac tor shal l indemnify and keep indemnif ied the Corporat ion agains t a l l losses and c laims for in jur ies or damage to any person or any proper ty whatsoever which may ar ise out of or in consequence of the construct ion and maintenance of the Work and against a l l c la ims, demands, proceedings, damages, costs , charges and expenses whatsoever in respec t of or in re lat ion thereto. PROVIDED a lways that noth ing herein conta ined shal l be deemed to render the Contrac tor l iable for or in respect of or to the Corporat ion agains t any compensation or damage caused by the Excepted Risks . The Contrac tor shal l at a l l t imes indemnify the Corporat ion against a l l c la ims, damages or compensat ion under the prov is ions of Payment of Wages Ac t 1936, Min imum Wages Ac t 1948, Employers L iab i l i ty Ac t 1938, the Workmen’s Compensat ion Ac t 1923, Indus tr ia l Dispute Ac t 1947, Indian Factor ies Ac t 1948 and Materni ty Benef i t Ac t , 1961 or any modif icat ions thereof and ru les made there under f rom t ime to t ime or as a consequence or any acc ident or in jury to any Workman or o ther persons in or about the Works , whether in the employment of the Contrac tor or not , save and except where such acc ident or in jury have resu l ted f rom any ac t of the Corporat ion, the ir agents or servants , and a lso against a l l cos t , charges and expenses of any su i t , ac t ion or proceedings ar is ing out of such acc ident or in jury and against a l l sum or sums which may wi th the consent of the Contractor be pa id to compromise or compound any such c la im wi thout l im i t ing his obl igat ions and l iab i l i t ies as above prov ided. The Contrac tor shal l insure against a l l c la ims damages or compensat ion payable under the var ious acts ment ioned above or any modi f icat ions thereof or any other law re la t ing thereto . The aforesaid insurance pol ic ies shall prov ide that they shal l not be canceled t i l l the Commiss ioner has agreed to the ir cancel lat ions . The Contrac tor shal l prove to the Engineer f rom t ime to


46

t ime that he has taken out a l l the insurance po l ic ies refer red to above and has paid the necessary prem ia for keeping the pol ic ies al ive t i l l the expir y of the Defec ts Liabi l i ty Per iod af ter complet ion of Work for a per iod of not exceeding 12 months as per di rect ives of D irec torate of Insurance, Maharashtra State. The Contrac tor shal l ensure that s imi lar insurance po l ic ies are taken out by h is sub Contrac tors ( i f any) and shal l be respons ible for any c la ims or losses to the Corporat ion resul t ing f rom thei r fa i lure to obtain adequate insurance protect ion in connec t ion thereof . The Contrac tor shal l produce or cause to be produced by h is Sub-Contrac tor ( i f any) as the case may be, the relevant pol icy or po l ic ies and prem ium receip ts as and when required by the Engineer . I f the Contrac tor and/or his sub-Contrac tors ( i f any) shal l fa i l to ef fect and keep in force the insurance referred above for any other insurance which he/ they may require to ef fect under the terms of Contrac t then and in any such case the Commiss ioner may wi thout be ing bound to e f fect and keep in force any such insurance and pay prem ium or premia as may be necessary for that purpose and f rom t ime to t ime deduc t the amount so paid by the Corporat ion plus 20 per cent of premium or premia amount as serv ice charges f rom any money due or which may become due to the Contractor or recover the same as debt f rom the Contrac tor .

37. Contrac tor to Preserve Peace

The Contrac tor shal l at a l l t imes dur ing the progress of the Work take a l l requis i te precaut ion and use his bes t endeavors for prevent ing any r io tous or unlawful behavior by or amongs t the Workers and other employed on the Works and for the preservat ion of peace and protec t ion of the inhabi tants and secur i ty of proper ty in the ne ighborhood of the Works . He shal l a lso pay the charges of such spec ial pol ice ( i f any) as the Engineer may deem necessary.

38. Protec t ion of Trees

Trees des ignated by the Engineer sha ll be protected f rom damage dur ing the course of the Work and ear th level wi th in one metre of each such t ree shal l not be changed. Where necessary, such t rees shal l be protec ted by temporary fenc ing. Al l such cos t shal l be borne by the Contrac tor .

39. Maintenance of Under- ground Ut i l i ty Serv ices

A l l the underground ut i l i ty serv ices such as water p ipes , gas pipes , dra ins , sewers , cab les etc . , wh ich may be met up in or about any excavat ion, sha l l i f the Engineer deem i t prac t icab le, be proper ly maintained and protec ted by the Contrac tor h imself or through other agency by means of shor ing, s t ru t t ing, p lank ing over , padding or o therwise as directed by the Eng ineer dur ing the progress of the Work wi thout c la im ing any ex tra charges . Any damage to these underground ut i l i ty serv ices shal l be immediate ly remedied by the Contractor or by o ther agency at h is own cos t , fa i l ing wh ich the Engineer may with or wi thout not ice adopt such measures as he may deem necessary at the r isk and cos t of the Contrac tor . I f on the other hand, the Engineer cons iders i t


47

impract icable for the Contrac tor to mainta in any such underground ut i l i ty serv ices and that the ex igenc ies of the Work necess i tate , the break ing down, removal or d ivers ion of the sa id u t i l i ty serv ices , the cost of such break ing down, removal or d ivers ion inc lud ing that o f rebui ld ing, rep lac ing, d iver t ing and reins tat ing of any such ut i l i ty serv ices shal l be pa id to the Contrac tor i f done by him. However , the cost of providing pumps, chutes or other appl iances as the Engineer may direc t for the rais ing or temporary passage of the water or sewage and the cos t of pumping out or removing as of ten as the Engineer may direct , any water or sewage which may escape f rom any such underground ut i l i ty serv ices , shal l be borne by the Contrac tor . The tenderer sha l l contac t a l l the publ ic bodies , etc . to know the under -ground serv ices that may be encountered by him / them dur ing the execut ion of the Work and account for the consequences of the s i te res train ts whi le submi tt ing the ir tenders . No compensat ion / cos t sha l l be payable on account of any under -ground services which obstruc ts the Work and cause delay.

40. Precaut ions for Works in Thorough-Fares

Whi le the execut ion of any Work is in progress in any s treet or thoroughfare the Contrac tor at h is own cos t shal l make adequate prov is ion for the passage of t raf f ic , for secur ing safe access to al l prem ises approached f rom such s treet or thoroughfare, and for any dra inage, water supply, or means of l ight ing or any o ther u t i l i ty serv ice wh ich may be in ter rupted by reason of execut ion of the Work. Whenever i t may be necessary to s top the t ra f f ic in any s treet or thoroughfare permiss ion must f i rs t be obtained f rom the Engineer and the Contrac tor sha l l then put up such bar r 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 raf f ic . The Work shal l in such cases be executed n ight and day or for as long a per iod as prac t icab le i f so ordered by the Engineer , and wi th such speed & v igour as he may require, so that the t raf f ic may be impeded for as short a t ime as poss ib le . The Contractor shal l remove the bar r iers as soon as the necess i ty for them has ceased. Care shal l be taken by the Contractor to cause the leas t poss ib le obs truct ion to traf f ic dur ing the progress of the Work.

41. Traf f ic The contractor shal l have to make al l necessary ar rangements for regulat ing t raf f ic day and night dur ing the per iod of construc t ion and to the ent i re satisfac t ion of the Engineer. This inc ludes the cons truc t ion and maintenance of d ivers ions , i f necessary, a t no extra cost to the Corporat ion. The contractor sha l l prov ide necessary caut ion boards, bar r icades, f lags and l ights , watchmen etc . so as to comply wi th the lates t Motor Vehic le Rules and Regulat ions and for t raf f ic safety. The contrac tor shal l be respons ible for a l l c la ims for the acc idents which may ar ise due to his negl igence whether in regulat ing t raf f ic or in s tack ing mater ia ls on the road or by any o ther reason.

42. Pumping out The Contractor wi l l be required to prov ide and operate a t


48

Water his own cost a l l pumps, engines and machinery requis i te to keep the t renches for the sewer , dra ins or foundat ions and a l l other excavat ions c lear of water whether subsoi l wa ter , s torm was te or leakage f rom tanks , wel ls , drains, sewers, wa ter -mains , t ide water etc . so that there may be no accumulat ion of such water and no set t ing out may be done, no masonry may be la id, no concrete deposi ted, no jo ints made and no measurements taken in water . The pumping shal l be cont inued so long af ter the execut ion of any port ion of the Work as the Engineer may cons ider necessary for the Work to set . For the purpose of keeping the excavat ions as dry as poss ible the Work would, i f necessary be d iv ided in to sec t ions or separate por t ions as per best Engineer ing prac t ices and temporary dams wi l l have to be put up by the Contractor , 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 bes t Engineer ing pract ices . When the Work progresses other sumps must, f rom t ime to t ime, be excavated by the Contractor , d isused sumps being f i l led up by him wi th dry rubble carefu l ly hand packed to the sat is fac t ion of the Engineer. The Contractor wi l l not be pa id extra for any temporary dams or sumps or the ir removal or ref i l l ing nor wi l l such Works be taken into measurement in any way, un less otherwise provided. The Contractor sha l l not a l low any accumulat ion of water ei ther f rom the D ischarge of h is dewater ing pumps or h is wa ter connec t ions on s i te of h is Work. The Contractor shal l make proper prov is ion for lead ing the pumped discharge to the neares t water entrance, s torm water drain, manholes , or wa ter course by means of a wooden or G.I . channel or hose p ipe. Under no c i rcumstances the discharge wi l l be a l lowed to f low, along a paved surface. I f an accumulat ion is unavoidable, i t sha l l be t reated wi th insect ic ides to the sat is fac t ion of the Engineer . In case of fa i lure to do th is on the part of Contrac tor such accumulat ion shal l be t reated by the Corporat ion at the r isk and cost o f the Contractor . The contractors should note that under no c i rcumstances any payment for pumping out water f inding i ts way into t renches , h i l l cu t t ing, excavated pi ts , Works s i te etc . f rom whatever sources wi l l be permiss ib le unless otherwise spec if ica l ly ment ioned in the tender.

43. Storage of

Explos ives

The Contrac tor sha ll obtain the previous perm iss ion of the

competent author i ty such as the Chief of F ire Serv ices for

the S i te , manner and method of s tor ing explos ives near the s i te of Work . Al l handl ing of exp los ives , inc luding

s torage, t ransport shal l be carr ied out under the rules

approved by the “Explos ives Depar tment of the

Government” .

44. Fac i l i t ies to

the Other Contrac tors

The contractor shal l , in accordance with the requirements

of the Engineer , af ford a l l reasonable fac i l i t ies to other Contrac tors engaged contemporaneously on separate

Contrac ts in connec t ion wi th the Works and for

departmental labour and labour of any other


49

proper ly organisation author i ty or s tatu tory body which

may be employed at the S i te on execut ion of any Work not inc luded in the Contrac t or of any Contract which the

Corporat ion may enter in to in connec t ion wi th or anc i l lary

to the Works .

45. Prevent ion of

Mosqui to

Breeding at

Cons truc t ion

S i te

( i )The contrac tor sha l l on the respec t ive cons truc t ion s i te

ins ta l l mosqui to proof and access ible water s torage tanks

or to cover / pro tec t the present water s torage tanks

proper ly.

( i i ) The contrac tor shal l per iod ical ly g ive larvaec idal

t reatment to water s torage tanks , s i tes of water

s tagnat ion, water col lec t ion.

( i i i ) Any expend i ture that may be incurred by the

Corporat ion to ensure that the above condi t ions are

fu lf i l led by the cont ractor wi l l be debi table to contrac tors

account and wi l l be recovered f rom the b i l ls of the

contrac tor f rom t ime to t ime.

46. Sani tat ion

The Contractor shal l , a t h is own cos t, make al l necessary prov is ions for heal th and safety of h is labour / employees . He shal l , when required by the Engineer, provide proper latr ines and ur ina ls to the sat is fact ion of the Engineer in such numbers and in such loca l i t ies as he may requi re , and shal l take a l l s teps necessary to compel h is labour / employees to resort to such la tr ines and ur ina ls , and shal l d ismiss f rom h is employment and remove f rom the Works any one detec ted obeying the ca l ls of nature in any p lace other than the conveniences a l lo tted for such purposes . The said la tr ines shal l be under the super in tendence and orders of the Engineer or h is subordinates .

47. Not to A l low Huts

The Contractor shal l , on no account, a l low any huts to be erec ted on Corporat ion property unless otherwise permit ted by the Engineer in wr i t ing, to be inhabi ted af ter sunset by anyone except the watchmen required for the Works, and none of h is employees , except such watchmen as aforesa id , shal l s leep at n ight on any par t of the Works . In case of any of fence commit ted by any of the labour or employees of the Contractor agains t any of the prov is ions of th is condi t ion the Contrac tor shal l be l iable to a penal ty not exceeding Rupees Hundered for every such of fense and the same shal l be charged to the account o f the Contrac tor .

48. Treasure Trove Foss i ls etc .

A l l foss i ls , co ins , ar t ic les of value or ant iqu i ty and s tructura l and other remains th ings of geological or archaeologica l in teres t d iscovered in or upon the s i te shal l be absolute property o f the Corporat ion and the Contractor shal l du ly preserve them and shal l take precaut ions to prevent his Workmen or any other person f rom removing or damaging any such ar t ic les or th ing and shal l immediate ly upon d iscovery thereof and before removal acquaint the Engineer wi th such discovery and shal l f rom t ime to t ime de l iver the same to such person or persons as the Engineer may f rom t ime to t ime appoint to receive the same at the expense of the Corporat ion.

49. Patent ’ R ight and Royal t ies

The contrac tor sha l l save harm less and indemnify the Corporat ion f rom and agains t a l l c la ims and proceedings


50

for or on account of inf r ingement of any Patent r ights , des ign t rademark or name of o ther protec ted r ights in respect of any construc t iona l p lant , machine Work , or mater ia l used for or in connect ion wi th the Works or any of them and f rom and against a l l c la ims, proceedings , damages , costs , charges and expenses whatsoever in respec t thereof or in re lat ion thereto. Except where otherwise spec if ied, the contractor shal l pay a l l tonnage and other roya l t ies , rent and other payments or compensat ion, i f any, for get t ing s tone, sand, gravel , c lay or other mater ia ls requi red for the Works or any of them.

50. Quarry i ) Quar ry for extrac t ion of murum, s tone, rubble or any other mater ia l shal l not be made avai lable by the corporat ion the contractor has to make his own ar rangements for quar ry a t h is cost . i i ) The successful tenderer shal l submit quar ry perm it f rom the competent author i ty before s tar t ing the Work.

51. Photographs of The Works

No photographs of the Work or any par t there of or equipment employed thereon shal l be taken or permi t ted by the contrac tor to be taken by any of h is employees or any employees of h is sub- contrac tor wi thout the pr ior approval of the Engineer in wr i t ing and no such photographs shal l be publ ished or o therwise c i rcula ted wi thout the approval o f the Engineer in wr i t ing.

52. Not ices to Local Bodies

( i )The contrac tor shal l comply wi th and g ive a l l not ices required under any Government Author i ty, Instrument, ru le or order made under any Act of par l iament, s ta te laws or any regula t ion or Bye- laws of any loca l author i t ies or publ ic u t i l i t ies concern rela t ing to Works . He shal l before mak ing any var iat ion f rom the contrac t drawings necess i ta ted by such compl iance g ive to the Engineer a not ice giv ing reasons for the proposed var iat ion and obtained Engineer ’s ins truc t ions thereon. ( i i ) The contractor sha l l pay and indemnify the Corporation against any l iabi l i ty in respec t of any fees or charges payable under any Ac t o f par l iament, s tate laws or any Governmenta l Ins trument, ru le or order any regulat ions or bye- laws of any local author i ty or publ ic u t i l i ty concern in respect o f the Works .

53. Not ices Subjec t as o therwise prov ided in th is contrac t a l l not ice to be g iven on behal f of the Corporat ion and a l l other ac t ions to be taken on i ts behalf may be given or taken by the Engineer or any of f icer for the t ime being entrus ted wi th the func t ions , dut ies and powers of the Engineer. A l l ins truct ions , not ices and communicat ions etc . under the contract shal l be given in wr i t ing and i f sent by regis tered pos t to the las t known place or abode or bus iness of the Contractor shal l be deemed to have been served on the date when in the ord inary course of pos t these would have been served on or del ivered to h im .

54. Use of B. I .S . Speci f icat ions

In case where no par t icular spec i f icat ion is g iven for any ar t ic le to be used under the contract , the relevant spec if icat ion, where one B.I .S . ex is ts, of the Bureau of Ind ian Standards shal l app ly.


51

PART – I I I

WORK PROCEDURE

55. Possess ion of S i te and Access Thereto.

The Corporation wi l l , wi th the Engineer ’s notice to

commence the Works, g ive to the Contrac tor possess ion of

the Si te. Such access, as is in accordance with the Contrac t , is to

be prov ided by the Corporation as may be required to enable the Contrac tor to commence and proceed with the

execution of the Works in accordance with the programme refer red to in C lause 86 i f any, and otherwise in accordance with such reasonable proposals as the

Contrac tor shal l , by not ice to the Engineer make. The Corporat ion wi l l , f rom t ime to t ime as the Works

proceed, give to the Contrac tor possession of such fur ther

por t ions of the Si te as may be requi red to enable the Contrac tor to proceed with the execut ion of the Works wi th due d ispatch in accordance with such programme or

proposals , as the case may be.

56. Fai lure to Give Possess ion

The contractor should note that the s i te for Work may be made avai lab le by the Corporat ion in fu l l or in par t and that the contrac tor shal l p lan h is Works to commensurate wi th the handing over the s i te. No c la im of compensat ion on account of de lay in making avai lab le the Si te sha l l be payable to the contractor . However, t ime extens ion for complet ing the Work shal l be g iven to the Contrac tor in case of such de lay.

57. Unforeseeable Phys ical Obstruc t ions or Condi t ions

I f , however , dur ing the execut ion of the Works the Contrac tor encounters phys ical obs truc t ions or phys ical condi t ions , o ther than c l imat ic condit ions on the S i te , wh ich obs truc t ions or condi t ions were, in h is op in ion, not foreseeable by an exper ienced contractor , the Contractor shal l for thwi th g ive not ice thereof to the Engineer . On receip t of such not ice, the Engineer sha l l , i f in h is op inion such obs truct ions or condi t ions could not have been reasonably foreseen by an exper ienced contrac tor , af ter due consul tat ion wi th the Contractor , determ ine: any ex tens ion of t ime to which the Contractor is ent i t led under C lause 80.

58. Drawings : Cus tody of Drawings

The Drawings shal l remain in the sole cus tody of Engineer , but two copies thereof ’ shal l be furnished to the Contractor f ree of charge. The Contrac tor sha l l prov ide and make at h is own expense any fur ther copies required by him . At the complet ion of the Contract , the Contractor shal l re turn to the Engineer a l l drawings provided under the Contrac t .

59. One copy of Drawing to be Kept on S i te .

One copy of the drawings , furn ished to the Contrac tors as aforesa id, shal l be kept by the Contractor on the s i te and the same shal l a t a l l reasonable t imes be avai lab le for inspec t ion and use by the Engineer and the Engineer ’s Representat ive and by any o ther persons organisat ion by the Engineer in wr i t i ng.

60. Disc repancies in Drawings or Speci f icat ions

The drawings and spec if icat ions are to be cons idered as mutua l ly exp lanato ry of each other , deta i led drawings be ing fo l lowed in preference to smal l sca le drawings and f igured dimens ions in preference to scale and spec ial condi t ions in preference to general condi t ions. Spec ial


52

condi t ions or d imensions g iven in the spec if icat ions shal l supersede a l l e lse. Should any d iscrepancies , however appear , or should any m isunders tanding ar ise as to the meaning and impor t o f the said spec if icat ions or drawings , or as to meaning and as to the to the d imens ions or the qual i ty of the mater ia ls or the due and proper execut ion of the Works , or as to the measurement or qual i ty and valuat ion of the Works executed under th is Contrac t , or as extra thereupon the same shal l be expla ined by the Engineer be bind ing upon the Contractor and Contractor shal l be execute the Work according such exp lanat ion (subject as aforesa id) and wi thou t extra charge or deduct ion to or f rom the contrac t and shal l a lso do a l l such Work and th ings as may be © for the proper complet ion of Works as impl ied by the Drawings and Spec if icat ions , even though such Works and things are not spec if ica l ly shown and descr ibed in the sa id Drawings and Spec if icat ions. The f ina l dec is ion of the Commiss ioner in case a reference be made to h im under C lause No. 89 be b inding upon the Contrac tor and Contrac tor sha l l execute the Works according to such explanat ion (subject to a foresaid) and shal l a lso do a l l such Works and required th ings as may be necessary for the proper complet ion of Works as impl ied by the drawings and spec if icat ions , even though such Works and th ings are not spec if ical ly shown and descr ibed in the said drawings and spec i f icat ions .

61. Engineer to have Power to Issue Fur ther Drawings or Ins truc t ions

The Engineer shal l have the power and author i ty f rom t ime to t ime and at a l l t imes to make and issue such fur ther drawings and to give such fur ther ins truc t ions and d irec t ions as may appear to h im necessary or proper for the guidance of the Contractor and the good and suf f ic ient execut ion of the Works according to terms of the spec if icat ions and Contrac tor shal l rece ive, execute obey and be bound by the same, according to the t rue in tent and meaning thereof , as fu l ly and ef fec tual ly as though the same had accompanied or had been ment ioned or refer red to in the spec if icat ion. The Engineer may also a l ter or vary the levels or pos i t ion of any Works contemplated by the spec if icat ions, or may order any of the Works contemplated thereby to be omi t ted, wi th or wi thout the subs t i tu t ion of any other Works in l ieu thereof , or may order any Work or any port ion of Work executed or par t ia l ly executed, to be removed, changed or al tered, and i f needfu l , may order that o ther Works shal l be subs t i tu ted ins tead thereof and di f ference of expense occas ioned by any such d im inut ion or a l terat ion so ordered and d i rec ted shal l be added to or deducted f rom the amount of th is Contrac t as prov ided under the Clause No. 101 and 102. No Work which radica l ly changes the or ig ina l nature of the Contrac t shal l be ordered by the Engineer and in the event of any dev ia t ion be ing ordered which in the op inion of the Contractor changes the or ig inal nature of Contrac t he shal l never the less carry i t out and disagreement as to the nature of the Work and the rate to be pa id therefore shal l be reso lved in accordance wi th Clause No.114. The t ime for complet ion of the Works , shal l in the event o f


53

any dev ia t ions resul t ing in addi t ional cos t over the Contrac t Sum being ordered, be extended or reduced reasonably by the Engineer . The Engineer ’s dec is ion in th is case shal l be f inal .

62. Levels

A l l levels refer red to in connec t ion wi th these Works are based on Great Tr igonometr ic survey (G.T.S.) levels . The Contrac tor should a lso keep the leve l ing instrument in good Work ing condi t ion through out the per iod of cons truc t ion Work on s i te.

63. Set t ing Out the Work .

The Engineer shal l supply dimens ioned drawings, leve ls and other informat ion necessary to enable the Contractor to set out the works . The Contractor shal l prov ide al l set t ing out apparatus at h is own cos t, such as level ing ins truments in good work ing condi t ion and appl iances, a l l pegs , ranging rods , long measur ing rods , marked metres and organisat ion and each metre and organisat ion numbered, pots and s ight- ra i ls , boning rods, moulds, templates, etc . together wi th any reasonable number of labourers that may be requi red and set out the work and be responsible for the accuracy of the same. The Contrac tor shal l amend at h is own cost and to the sat is fac t ion of the Engineer any er ror found at any s tage, wh ich may ar ise through inaccurate set t ing out . The Contrac tor shal l protec t and preserve a l l bench marks used in set t ing out the work t i l l the end of Defec ts Liabi l i ty per iod un less the Engineer di rects i ts ear l y removal . The Contrac tor should also keep leve l ing ins trument in good work ing condi t ion throughout the per iod of cons truct ion work on s i te.

64. Works C losed

Between

Sunset and

Sunr ise or on

Sundays and

Hol idays

No Work shal l be done between sunset and sunr ise or on

Sunday or Munic ipa l hol idays and except wi th the spec ial

sanc t ion of the Engineer in wr i t ing prev ious ly obta ined and

the wi thholding of such sanct ions shal l be no ground of

complain t on the par t o f contractor or cause for

compensat ion to h im, or excuse for not complet ing the

Work wi th in the contrac t per iod. The per iod wi th in which

the Work has to be car r ied out and completed has been

f ixed in terms of th is c lause with the prov is ion that the

tota l number of hours of Work perm iss ible shal l not exceed

48 hours in a week and in no case more than 8 hours on

any Work ing day, the ac tua l t ime with in which the sa id

hours shal l be Worked be ing subjec t to mutual

ar rangements wi th the Contrac tor at the commencement of

the Works or f rom t ime to t ime as may be required and

prov ided that a l l Works shal l be s topped for rest and

meals for one hour a t about m id-day exc lus ive of the

permiss ib le hours aforesaid for the Works .

Though sanct ion may be accorded to the Contrac tor to

Work on days and at t imes otherwise normal ly non-

permiss ib le under th is Contrac t , the Contrac tor sha l l be

required to bear the cost for such superv is ion as in the

op inion of the Engineer may be necessary at these t imes .

I t should be d is t inc t ly unders tood that the grant ing of

permiss ion to Work extra hours or to Work on Sundays and

ho l idays wi l l be ent i re ly a t the d isc ret ion of the Engineer


54

and cannot be c la imed by the contractor as a matter of

r ight.

I f on the other hand the Engineer requi res that the Work

shal l be proceeded with on days and at t imes otherwise

normal ly non-permiss ible under th is contrac t the

contrac tor sha l l proceed with the Work but he wi l l not be

required in such cases to bear the cost of the Munic ipal

es tab l ishment employed a t the t ime.

The contractor at a l l t imes dur ing the cont inuance of th is

contrac t sha l l in a l l h is deal ings wi th local labour for the

t ime be ing employed on the Works contemplated by th is

contrac t have due regard to a l l local fest iva ls and re l ig ious

or other customs and al l d isputes , matters and ques t ions

ar is ing between the contrac tor and any of h is agent on the

one hand and any loca l labour on the other hand with

respect to any matter or th ing in any way connected wi th

th is contrac t shal l be dec ided by the Commiss ioner whose

dec is ion shal l be f inal and b inding on a l l par t ies .

65. Work to be in Accordance wi th Contrac t .

The Contractor sha ll execute and complete the Works and remedy any defec ts therein in s tr ic t accordance wi th the Contrac t to the sat is fac t ion of the Engineer .

66. Dut ies and Powers of the Engineer ’s Representat ive

The dut ies of the representat ive o f the Engineer are to check , watch and supervise Work and to test and examine any mater ia l to be used or Workmanship employed in connec t ion wi th the Works. He shal l have no author i ty to re l ieve the Contractor of any of h is dut ies or obl igat ions under the contrac t nor to except as express ly prov ided here under or e lsewhere in the contrac t to order any Work invo lv ing delay or any extra payment by the Corporat ion or to make any var ia t ion of or in the Works. Fai lure o f the representat ive of the Engineer to d isapprove any Work or mater ia l sha l l not pre jud ice the power o f the Engineer thereaf ter to disapprove such Work or mater ia l and to order the pu l l ing down, removal or break ing up thereof . I f the contrac tor sha l l be dissat is f ied wi th any dec is ion of the representat ive of the Engineer he shal l be ent i t led to refer the matter to the Engineer who shal l thereupon conf i rm, reverse or very such dec is ion.

67. Engineer ’s Dec is ion

The whole of the Work shal l be under the d irec t ion of the Engineer , whose dec is ion shal l be f inal , conc lus ive and binding on a l l par t ies to the contrac t , on al l ques t ions re la t ing to the construc t ion and meaning of p lans , Work ing drawings , sect ions and spec if icat ions connec ted wi th the Work.

68. Ins truc t ions to Contrac tor

The Contrac tor or h is agent shal l be in at tendance at the s i te(s) dur ing al l Work ing hours and shal l superv ise the execution of the Works wi th such addit iona l ass is tance in each t rade, as the Engineer may cons ider necessary. Orders given to the Contractor ’s agent shal l be cons idered to have the same force as i f they had been given to the Contractor h imself . The Engineer shal l communicate or conf irm h is ins truct ion to the Contrac tor in respec t of the execut ion of Work in a “Works s i te order Book” mainta ined in the of f ice of the


55

Engineer and the Contrac tor or h is author ised representat ive shal l conf i rm rece ip t o f such ins truc t ions by s ign ing the relevant entr ies in th is book. I f requi red by the Contrac tor he shal l be furnished a cer t i f ied t rue copy of such ins truct ion(s) . I f the Contractor fa i ls to comply wi th the instruc t ion(s) of the Engineer , the Engineer may impose the da i ly penal ty of Rs .500 (Rupees Five Hundred) for each of such defaul ts . Th is penal ty wi l l not prejudice the r ight of the Munic ipa l Commiss ioner or the Engineer to c la im compensat ion.

69. Work Order Book

A Work order book shal l be mainta ined on s i te and i t shal l be the property of Corporat ion and the Contrac tor shal l prompt ly s ign orders g iven therein by Engineer or h is representat ives and h is super ior of f icers and comply wi th them. The Contrac tor shal l report the compl iance in good t ime so that i t can be checked. The contrac tor wi l l be al lowed to copy out ins truc t ion there in f rom t ime to t ime.

70. Management Meet ing

E i ther the Engineer or the Contrac tors may require the other to at tend Management meet ing. The bus iness of a management meet ing shal l be to rev iew the p lans for remain ing Works. Engineers shal l record the bus iness of management meet ings and is to prov ide copies of h is record to those at tending the meet ings. The responsibi l i ty o f the part ies for ac t ions to be taken is to be dec ided by the Engineer ei ther at the management meet ings or af ter the management meetings and s ta ted in wr i t ing to a l l who at tend the meet ings.

71. Mater ia ls (a) Mater ia l to be prov ided by the Contrac tor : The Contrac tor shal l , at h is own expense, prov ide al l mater ia ls required for the Works . A l l mater ia ls to be prov ided by the Contrac tor sha l l be in conform i ty wi th the spec if icat ions la id down in the contrac t and the Contrac tor sha l l , furn ish proof to the sat isfact ion of the Engineer that the mater ia ls so comply. Contractor shal l produce proof v iz . chal lans, b i l ls , vouchers e tc . so as to ensure that the mater ia l was brought on s i te and quant i t ies used as per the norms, spec if icat ions etc . Of f icers of the Corporat ion concerned with the Work shal l be ent i t led a t any t ime to inspect and examine any mater ia l intended to be used in or on the Works ei ther on the s i te or a t fac tory or Workshop or other places where such mater ia ls are assembled, fabr icated or manufac tured or at any p lace(s ) where these are laying or f rom which these are be ing obtained and the Contrac tor sha l l g ive such fac i l i t ies as may be required for such inspec t ion and examinat ion. The mater ia ls brought on s i te outs ide Work ing hours shall be s tacked separately t i l l they are inspec ted by the Engineer or h is representat ive . A l l mater ia ls brought to the s i te shal l not be removed of f the s i te wi thout the pr ior wr i t ten approval o f the Engineer . But whenever the Works are f inal ly completed the Contrac tor shal l a t h is own expense for thwith remove f rom the s i te al l surp lus mater ia ls or ig inal l y suppl ied by h im . The Contrac tor shal l , a t h is own expense and withou t de lay, supply to the Engineer samples of mater ia ls


56

proposed to be used in the Works. The Engineer shal l wi th in seven days of supply o f samples or wi th in such fur ther per iod as he may require and int imated to the Contrac tor in wr i t ing, inform the Contrac tor whether the samples are approved by h im or not . I f the samples are not approved the Contrac tor shal l for thwith ar range to supply to the Engineer for approval f resh samples complying wi th the spec i f icat ions la id down in the contrac t . The Engineer shal l have fu l l powers to require removal of any or a l l of the mater ia ls brought to s i te by the Contractor wh ich are not in accordance wi th the contrac t spec if icat ions or which do not conform in character or qual i ty to the samples approved by h im. In case of defaul t on the part of the Contrac tor in removing the rejec ted mater ia ls , the Engineer shal l be at l iber ty to have them removed by other means. The Engineer shal l have fu l l powers to procure other proper mater ia ls to be subs t i tu ted for re jec ted mater ia ls and in the even t of the Contractor refus ing to comply, he may cause the same to be suppl ied by other means . Al l costs , which may at tend upon such removal and/or subs t i tut ion shal l be borne by the Contrac tor . Subjec t as hereinaf ter prov ided in Clause No.98 al l charges on account o f Oc tro i , termina l or sales tax and other dut ies on mater ia l obta ined for the Works f rom any source shal l be borne by the Contrac tor . The Engineer sha l l be ent i t led to have tests carr ied out as spec if ied in the contrac t for any mater ia ls suppl ied by the Contrac tor o ther than those for which as s ta ted above, sat is fac tory proof has al ready been produced, at the cos t of the Contrac tor and the Contractor sha l l prov ide at h is expense a l l fac i l i t ies which the Engineer may requi re for the purpose. I f no tests are spec i f ied in the contract , and such tests are required by the Engineer the Contractor sha l l prov ide al l fac i l i t ies required for the purpose and charges for these tes ts sha l l be borne by the Contrac tor on ly i f the tes ts d isc lose that the sa id mater ia ls are not in accordance with the provis ion of the contrac t . The cos t of the mater ia ls consumed in tes t sha l l be borne by the Contractor in a l l cases except when otherwise prov ided. For carrying out tests on soi l , cement, sand, aggregate, br ick and concrete etc . the s tandard wi l l be as prescr ibed in re levant I .S . The Engineer may di rect the Contrac tors to get the samples of mater ia ls tes ted in CIDCO, PWD, VJTI, I IT , or any approved laboratory out of those accredi ted by Nat ional Accred i tat ion Board of Laborator ies , Govt . of Ind ia . The resu l ts of the tests shal l be b ind ing on the Contractor and Corporat ion. In case the Contrac tor d isputes the resu l ts of tes ts , i t is open for him to ask for the re- tes t ing in which case the cos t shal l be borne by the Contrac tor . The dec is ion of the Engineer on acceptabi l i ty or re- tes t ing by Corporat ion or tes t ing again independent ly in VJTI or I IT wi l l be binding on both the part ies to the contrac t .


57

72. Stock of Mater ia ls Required

(a)The Contractor sha l l at h is own expense provide and furnish himself wi th sheds and yards in such s i tuat ions and in such numbers as , in the op inion of the Engineer are requis i te for carry ing out the Works under th is contrac t , and the Contrac tor sha l l keep at each of such sheds and yards a suf f ic ient quant i ty o f mater ia ls in s tock so as not to delay the carrying out the Works wi th due expedi t ion and the Engineer and his sub-ord inates shal l have f ree access to the said sheds or yards at any t ime for the purpose of inspect ing the s tock of mater ia ls so kept in hand any mater ia l or ar t ic le , which the Engineer may ob jec t to, shal l not be brought upon or used in the Work but sha l l be for thwi th removed f rom the sheds or yards by the Contrac tor a t h is own cos t . The Contractor wi l l however be a l lowed to use for the above purpose the completed port ion o f the bui ld ings i f ava i 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 shall remain wi th the Engineer or h is representat ive and that o f the other lock wi th the Contractor ’s organisation 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 .

73. Product ion of

Vouchers

The Contractor shal l , produce al l quotat ions, invoices

vouchers and accounts or receip ts e tc . to prove that the mater ia ls suppl ied by him are in conform ity wi th the spec if icat ions la id down in the Contrac t and the same are

brought to the s i te and ut i l i zed on the said Works .

74. P lant and’ Equipment

The Contrac tor shal l ar range at h is own expense al l too ls , p lant and equ ipment required for execut ion of Works . I f

requ ired by the Contrac tor and i f avai lab le the Corporat ion may supply such of the tools , p lant and equipment as are avai lab le, to the Contrac tor at the rates and terms to be

spec if ied by the Engineer . No too ls , p lant and equipment once brought to the Work s i te sha l l be removed wi thout the wr i t ten permiss ion or order of the Engineer , unt i l he has cer t i f ied the complet ion of the Work .

I f any Tools , P lants and equipment brought on s i te, are in

the opinion of the Engineer inef f ic ient , bad or of infer ior qual i ty or are unsui ted for the Works then such tools , p lant

and equipment shal l not be used on the Works but shal l be removed by the Contrac tor at h is own expense with in

twenty four hours af ter the serv ice of a wr i t ten order or not ice f rom the Engineer to that ef fec t and f resh too ls , p lant and equipment be subst i tu ted in l ieu o f that ordered

to be removed by the Engineer .

75. Inspec t ion & Approval

A l l Works embrac ing more than one process shal l be subjec t to exam inat ion and approval at each s tage thereof and the Contrac tor shal l g ive due not ice to the Engineer or

h is organisat ion representat ive when each s tage is ready. In defaul t of such not ice, the Engineer shal l be ent i t led to appraise the qual i ty and extent thereof .

No Work shal l be covered up or put out of v iew wi thout the


58

approval of the Engineer or h is organisat ion representat ive

and the Contractor sha l l af ford fu l l oppor tun i ty for exam inat ion and measurement of any Work which is about

to be covered up or out of v iew and for exam inat ion of foundat ion before permanent Work is p laced thereon.

The Contrac tor shal l g ive due not ice to the Engineer or h is organisation representat ive whenever any such Work or foundat ion is ready for examinat ion and the Engineer or

h is representat ive shal l wi thout unreasonable delay,

un less he cons iders i t necessary and informs the Contrac tor in wr i t ing accord ing ly, a t tend for the purpose of

exam ining and measur ing such Work or exam in ing such foundat ions . In the event o f the fa i lure of the Contrac tor to give such not ice he shal l , i f required by the Engineer ,

uncover such Work at the Contractor ’s expense. Departmental of f icers concerned with the Works shal l have

powers a t any t ime to inspec t exam ine any par t of the Works and the Contractor sha l l g ive such fac i l i t ies as may

be required for such inspec tion & examinat ion.

76. Uncover ing

and Mak ing

Good

No par t of the Works shal l be covered up or put out of

v iew wi thout the approval of the Engineer. The Contractor

shal l uncover any par t o f the Works and/or make opening

in or through the same as the Engineer may f rom t ime to

t ime d irec t for h is ver if icat ion and shal l re ins tate and make

good such par t to the sat is fac t ion of the Engineer, i f any

such part has been covered up or put out of v iew af ter

be ing approved by the Engineer and is subsequent ly found

on uncover ing to be executed in accordance wi th the

contrac t , the expenses of uncover ing and/or making

openings in or through, re ins tat ing and mak ing good the

same shal l be borne by the Corporat ion. In any other case

al l such expenses shal l be borne by the Contractor .

77. Contrac tor to

Search

The Contrac tor sha l l , i f required by the Engineer in

wr i t ing, search under the direct ion of the Engineer for the

cause of any defec t , imperfect ion or faul t appear ing dur ing

the progress of the Work or in the per iod of maintenance.

Unless such defec t , imperfec t ion or faul t shal l be one for

wh ich the Contrac tor is l iable under the contrac t , the cos t

of the Work car r ied out by the Contractor in search ing as

aforesa id shal l be borne by the Corporat ion.

I f such defec t , imperfec t ion or faul t shal l be one for which

Contrac tor is l iab le as aforesa id , the cos t of the Work

car r ied out in search ing as aforesa id shal l be borne by the

Contrac tor and he shal l in such case repai r , rec t i f y and

make good such defect , imperfect ion or faul t , a t h is own

expense.

78. Defau l t of

Contrac tor in

Compl iance

In case of defau l t on the par t of the Contractor in carrying

out such instruc t ion wi th in the t ime spec if ied there in or , i f

non, wi th in a reasonable t ime, the Corporat ion shal l be

ent i t led to employ any other persons to carry out the same


59

and al l costs consequent thereon or inc idental thereto

shal l , af ter due consul ta t ion wi th the Corporat ion and the

Contrac tor , be determined by the Engineer and shal l be

recoverable f rom the Contrac tor by the Corporat ion f rom

any monies due or to become due to the Contrac tor and

the Engineer shal l not i fy the Contrac tor accordingly.

79. Urgent Works I f any Urgent Work ( in respec t whereof the dec is ion of the

Engineer sha l l be f ina l and b inding) becomes necessary

and the Contrac tor is unable or unwi l l ing a t once to carry

i t out , the Engineer may by h is own or other Work people,

car ry i t ou t as he may cons ider necessary. I f the urgent

Work shal l be such as the Contractor is l iab le under the

contrac t to carry out at h is expense al l expense incur red

on i t by the Corporat ion shal l be recoverab le f rom the

Contrac tor and be ad justed or set of f aga inst any sum

payable to h im .

PART – IV TIME SCHEDULE AND DELAYS

80. Commencement T ime

The t ime al lowed for execut ion for the Works as spec i f 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 spec if ied by the Engineer in wr i t ing. I f the Contrac tor fa i ls or neglects to commence the execution of the Works as aforesa id , the Corporat ion shal l wi thout prejudice to any other r ight or remedy be at l iber ty to for fe i t the secur i ty depos i t absolute ly .

81. Extens ion of T ime for Complet ion due to Monsoon.

In any case where the t ime prescr ibed for complet ion of any Work is exc lus ive of monsoon per iod. No new trench Work should be s tar ted af ter 15 t h May and ex is t ing t renches are required to be reins tated by 31 s t May every year . The s i te shal l be c leared in a l l respec t inc luding removal of surplus mater ia l on or before 10 t h June of every year . The monsoon per iod shal l be deemed to be f rom 10 t h June to 30 t h Sept. o f the ca lendar year. However , i f the Contractor is perm it ted by the Engineer to Work dur ing any monsoon. Per iod, a l l such per iod shal l be taken in to account for the calcu lat ing the contrac t per iod on pro- ra ta bas is as under. Cos t o f Work done Ef fec t ive dur ing monsoon days = - - - - - - - - - - - - - - -- - x No. of days of Tota l cost of Contrac t per iod Contrac t Work In the event of the Contrac tor fa i l ing to comply wi th th is condi t ion. He shal l be l iab le to pay as compensation as s ta ted in C lause No.90.

82. Extens ion of T ime due to Unforeseen events

I f the work be delayed by – i . Force measure such as acts of God, ac t o f publ ic

enemy, ac t o f government, f loods, epidem ics etc . or i i . Abnormal l y bad weather, or i i i . Ser ious loss or damage by f i re or iv . Civ i l commotion, local combinat ion of workmen, s tr ike

or lockout af fec t ing any of the t rades employed on


60

the work, or v. Delay on the par t of other Contractor or t radesmen

engaged by the Munic ipal Corporat ion in execut ing works not forming part o f the contrac t or

v i . The reasons s ta ted in condi t ion No 84 and 85. v i i . Any other cause, in the absolute discret ion of the

Engineer .

Then upon the happening of any such event caus ing delay, the Contractor shal l immediately g ive not ice there of in wr i t ing to the Engineer but sha l l never the less use cons tant ly his best endeavors to prevent or make good the de lay and shal l do al l that may be reasonable required to the sat is fac t ion of the Engineer to proceed with the work . Reques t for extens ion of t ime, to be e l ig ib le for cons iderat ion shal l be made by the Contrac tor in wr i t ing wi th in 14 ( four teen) days of the happening of the event caus ing delay. The Contractor may a lso, i f prac t icab le ind icate in such a reques t the per iod for which extens ion is des ired. In any such case, the engineer may give a fa i r reasonable extens ion of t ime for complet ion of ind iv idual i tems or groups of i tems of work for which separate per iods of complet ion are spec if ied in the contract or the contact as whole. The dec is ion of the Engineer in regard to the extens ion wi l l be communicated to the Contrac tor in wr i t ing wi th in a reasonable t ime and the Contractor shal l a lso be paid such compensat ion that in the op inion of the Engineer is fa i r and reasonable to cover the delays resul t ing f rom the prov is ions under the sub c lause (e) above. The t ime extended for complet ing the work shal l be the essence of the contrac t for the per iod extended.

83. Network Schedule & Monthly Progress Reports

(a) On award of the contrac t , the Contractor shal l submi t the t ime schedule for the Works in the ‘ form of PERT Net Works or Bar char t . (b) The schedules shal l be prepared in direc t re lat ions to the t ime s tated in the contract Documents for complet ion of i tems or groups of i tems of Work and or the contrac t as a whole . I t shal l indicate the dates of commencement and complet ion of var ious act iv i t ies of the Work . And should conta in no ac t iv i t ies wi th durat ion greater than 28 days . Mi lestones would be so determined that a t leas t 10 percent of the events are mi lestones and no two mi lestones are more than 3 months apart . The Engineer may approve the Schedule as submit ted or sugges t modif icat ions as he th inks necessary. The Contrac tor sha l l modif y the chart accord ingly and obtain Engineer ’s approval . (c ) The f inal ized Network may be amended f rom t ime to t ime, i f fe l t necessary by the Contrac tor , wi th the approval of the Engineer . (d) A f ixed sum shal l be he ld in abeyance at the t ime of the next inter im payment for non-at ta inment of each mi lestone in the Network and shal l be re leased on ly on complet ion of the Work af ter deduct ing the compensat ion for de lay i f there is Contrac tor ’s faul t as per prov is ion in C lause No. 86 and penal ty covered under


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Clause No. 53. The f ixed sum shal l be: Rs .10,000/- for a l l contracts over Rs .25 Lakhs and upto the va lue of Rs.100 Lakhs. Rs .20,000/- for a l l contrac ts over Rs. 1 crore and upto the value of Rs .5 c rores Rs .35,000/- for a l l contracts over Rs . 5 crores and upto the va lue of Rs.10 crores . Rs .50,000/- for a l l contrac ts over Rs .10 crores. I f the at ta inment of the m i lestones is delayed for reason not at t r ibutab le to the Contractors no moneys wi l l be he ld in abeyance.

84. Disrupt ion of Progress for Lack of Drawings

The Contrac tor shal l g ive wr i t ten not ice to the Engineer whenever planning or progress of the Works is l ike ly to be de layed or d is rupted unless any fur ther drawing or order , inc luding a direc t ion, ins truct ion or approval , is issued by the Engineer wi th in 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 is required and of any de lay or d is rupt ion l ikely to be suf fered i f i t is la te .

85. Delays of Drawings

I f by reason of any fa i lure or inabi l i ty of the Engineer to issue with in 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 th is condi t ion the Contrac tor suf fers de lay, then the Engineer shal l take such de lay in to account in determin ing any extens ion of t ime to wh ich the Contractor is ent i t led under sub-c lause (g) of Clause No. 82 hereof . No moni tory c la im wi l l be enter tained on th is account.

86. Monthly Report

The Contrac tors wi l l be required to submit the month ly progress repor ts by the 2 n d day of the fo l lowing month to the Engineer Fa i lure on the par t of the Contractor to submi t month ly repor t in t ime wi l l a t t rac t ac t ion as per Clause No.83.

87. Rate of Progress

I f for any reason, which does not ent i t le the Contrac tor to an extens ion of t ime, the rate of progress of the Works or any Sec t ion is a t any t ime, in the op in ion of the Engineer , too s low to comply wi th the T ime for Complet ion, the Engineer sha l l so not i f y the Contrac tor who shal l thereupon take such s teps as are necessary, subjec t to the consent of the Engineer , to expedite progress so as to comply wi th the T ime for Complet ion. The Contrac tor shal l not be ent i t led to any addi t ional payment for tak ing such s teps . I f , as a resul t of any not ice given by the Engineer under th is Clause, the Contractor cons iders that i t is necessary to do any Work a t n ight or on local ly recognized days of res t , he shal l be enti t led to seek the consent of the Engineer so to do. Provided that i f any s teps , taken by the Contractor in meet ing h is obl igat ions under th is Clause, involve the Corporat ion in addi t iona l supervis ion cos ts , such cos ts shal l be determ ined by the Engineer and shal l be recoverable f rom the Contrac tor , and may be deducted by the Corporat ion f rom any monies due or to become due to the Contrac tor and the Engineer shal l not i f y the Contractors according ly.

88. Suspens ion of Work

(a) The Contrac tor sha l l , on receipt of the order in wr i t ing


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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 cons ider necessary for any of the fo l lowing reasons : - ( i ) On account of cont inued non-compl iance of the ins truc t ions of the Engineer or any other defaul t on the part o f the Contractor , or i i ) for proper execut ion of the Works or par t thereof for reasons other than the defaul t o f the Contractor , or ( i i i ) f or safety of the Works or par t thereof . The Contrac tor shal l , dur ing such suspens ion, proper ly protect and secure the Works to the extent necessary and car ry out the ins truct ions given in that behal f by the Engineer . (b) I f the suspens ion is ordered for reasons ( i i ) and ( i i i ) in sub-para (a) above, the Contractor shal l be ent i t led to an extens ion of t ime equal to the per iod of every such suspens ion plus a reasonable t ime as dec ided by the Engineer . I I f the suspens ion is ordered for reasons of ( i ) in sub-para (a) above, the Engineer shal l have powers to suspend the payment under the contract . Such suspens ion of payment may be cont inued unt i l defaul t sha l l have been rec t i f ied.

89. Stoppage / A l terat ion / Res tr ic t ion of Work

1) I f at any t ime af ter the execut ion the contrac t Documents the Engineer shal l for any reason whatsoever (other than defau l t on the part of Contrac tor for which the corporat ion is enti t led to resc ind the contrac t) des ires that the whole or any par t o f the Work spec if ied in the tender should be suspended for any per iod or that the who le or par t of the Work should not be carr ied out , at a l l he shal l g ive to the Contractor a not ice in wr i t ing of such des ire and upon the receipt o f such not ice the Contractor shal l for thwith suspend of s top the Work whol ly or in ar t as required, a f ter hav ing due regard to the appropr iate s tage at which the Work should be s topped or suspended so as not to cause any damage or in jury to the Work a lready done or endanger the safety there of prov ided that the dec is ion of the Engineer as to the s tage at which the Work or any part of i t cou ld be or cou ld have been safely s topped or suspended shal l be f inal and conc lus ive agains t the Contrac tor . 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 suspens ion, s toppage or cur tai lment except to the ex tent spec if ied hereinaf ter . 2) Where the tota l suspension of Work ordered as

aforesaid cont inued for a cont inues per iod exceeding 90 days the Contrac tor sha l l be l iber ty to wi thdraw f rom the contractual obl igat ions under the contrac t so far as i t per ta ins to unexecuted par t of the Work by g iv ing a 10 days pr ior not ice in wr i t ing to the Engineer , wi th in 30 days of the expi ry of the sa id per iod of 90 days , of such in tent ion and requir ing the Engineer to record the f inal measurement of the Work al ready done and to pay f inal b i l l . Upon g iv ing such not ice the Contractor sha l l be deemed to have been charged f rom his obl igat ions to


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complete the remaining unexecuted Work under h is contract . On receipt o f such not ice the Engineer shal l proceed to complete the measurements and make such payments as may be f inal l y due to the Contrac tor wi th in a per iod of 90days f rom the receip t of such not ice in respect of the Work a lready done by the Contractor . Such payment sha l l not in any manner prejudice the r ight of the Contrac tor to any fur ther compensat ion under the remaining provis ions of th is c lause. 3) Where the Engineer requi red the Contrac tor to

suspend the Work for a per iod in excess of 30 days at any t ime or 60 days in the aggregate, the Contrac tor sha l l be ent i re to apply to the Engineer wi th in 30 days of the resumpt ion of Work af ter such suspension for payment of compos i t ion to the extent of pecuniary loss suf fered by him in respect of Work ing machinery remain ideal on the s i te of on the account of h is hav ing and to pay the salary or wages of , labour engaged by h im dur ing the said per iod of suspens ion prov ided always that the Contrac tor shal l not be enti t led to any c la im in respec t of any such Work ing machinery, salary or wages for the f i rs t 30 days whether consecutive or in the aggregate or such suspens ion or in respect or any suspens ion whatsoever occas ioned by unsat is fac tory Work or any other defau l t on his par t . The dec is ion of the Engineer in th is regard shal l be f ina l and conc lus ive agains t the Contrac tor . 4) In the even t o f – i ) Any to ta l s toppage of Work on not ice from Engineer

under sub c lause (1) in that beha l f . i i ) W ithdrawal by the Contractor f rom the contractual

ob l igat ions complete the remaining unexecuted Work under sub c lause (2) on account of cont inued suspension of Work for a per iod exceeding 90 days . I t shal l be open to the Contrac tor , wi th in 90 days f rom the serv ice of ( i ) the not ice of s toppage of Work or ( i i ) the not ice o f wi thdrawal f rom the contractual obl igat ions under the contrac t on account of the cont inued suspens ion of Work ( i i i ) not ice under c lause 20 (1) resul t ing in such cur ta i lment to produce to the Engineer sat is fac tory documentary ev idence that he had purchased or agreed to purchase mater ia l for use in the contrac ted Work, before rece ipt by h im of the not ice of s toppage, suspens ion or cur tai lment and require Government to take over on payment such mater ia l at the ra ted determ ine by the Engineer prov ided, however , such rates shal l in no case exceed the ra tes a t which the same was acquired by the Contractor . The corporat ion shal l thereaf ter take over the mater ia ls so of fered, prov ided the quant i t ies of fered, are not in excess of the requirements of the unexecuted Work as spec i f ied in the accepted tender and are of qual i ty and spec if icat ions approved by the Engineer .

90. L iquidated Damages for Delay

I f the Contrac tor fa i ls to complete the Works and c lear the S i te on or before the Contract or extended Date(s) /per iod(s ) of complet ion, he shal l , wi thou t prejudice to any o ther r ight or remedy of Corporat ion on account of such breach, pay as agreed compensat ion, amount


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calculated as s t ipula ted be low (or such smal ler amount as may be f ixed by the Engineer) on the Contract Value of the whole Work or on the Contract Value of the i tem or group of i tems of Work for which separate per iod of complet ion are given in the contrac t 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 contract as a whole be completed by the contrac t or the extended date of complet ion. For th is purpose the term “Contrac t Value” shal l be the value of the Work a t Contrac t Rates as ordered inc luding the va lue of a l l devia t ions ordered: (a)Complet ion per iod for @ 1 percent (or ig inal l y s t ipulated per week or as extended ) not exceeding 6 months (b) Complet ion per iod for @1/2 percent (as or ig inal ly s t ipula ted per week as extended ) exceeding 6 months and not exceeding 2 years (c )Complet ion per iod (as @ ¼ percent or ig ina l ly s t ipu lated per week or as extended ) exceeding 2 years the under noted percentage of the Contract Value of the i tem or group of i tems of Work for which a separate per iod of complet ion is g iven. When the delay is not a fu l l week or in mul t ip le o f a week but invo lves a f rac t ion of a week the compensat ion payable for that f ract ion shal l be propor t iona l to the number of days invo lved. Provided always tha t the to tal amount of compensat ion for de lay to be paid th is condi t ion shal l not exceed (a)Completion per iod (as 10 percent or ig inal ly s t ipula ted or as extended) . Not exceeding 6 months (b) Complet ion per iod 7 ½ percent (as or ig inal ly s t ipula ted or as extended ) exceeding 6 months and not exceeding 2 years (c )Complet ion per iod 5 percent (as or ig inal ly s t ipulated or as extended ) exceeding 2 years The amount of l iquidated damages may be adjus ted set of f against any sum payable to the Contrac tor under th is or any other contract wi th the corporat ion or f rom the secur i ty deposi t of the Contrac tor ent i re ly a t the discret ion of the corporat ion.

PART – V BILLS AND PAYMENTS

91. Method of Measurement

Except where any genera l or deta i led descr ip t ion of the Work in b i l ls of quant i t ies or schedule of Works/ i tems/quant i t ies express ly shown to the contrary, b i 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 set for th in the schedule of rates /spec if icat ions notwi ths tanding any prov is ion in the relevant s tandard Method of Measurement or any genera l or local cus tom. In the case of i tems, which are not covered by the schedule of rates/ spec if icat ions, measurement shal l be taken in accordance with the relevant Standard spec if icat ions publ ished by PWD Govt. o f Maharashtra and for the works


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not covered in th is publ icat ion; measurements shal l be taken as per the codes by Bureau of Indian s tandards. .

92. Records and Measurement

The Contrac tor shal l subm it to the Engineer the monthly s ta tements of the es t imated va lue of the work completed less than the Cumulat ive amount cer t i f ied previous ly. The monthly s tatements shal l be in the bi l l f orm spec if ied by the Engineer and i t shal l be submit ted on or before the date ins truc ted by the Engineer . These month ly b i l ls shal l be suppor ted wi th deta i led measurements for the gross quant i ty o f the work done du ly deduc t ing the gross quant i ty pa id in the prev ious b i l l . The Contrac tor is permit ted to copy down the cor rect ions in the bi l ls paid as per the Engineers cer t i f ica t ion. Upon rece ipt of the b i l l and measurements by the Contrac tors , the Engineer shal l except as otherwise s ta ted ascer tain and determ ine by measurement the va lue in accordance with the contrac t of work done in accordance therewi th . A l l i tems hav ing a f inanc ia l va lue shal l be entered in measurement Book etc . as prescr ibed by the corporat ion so that a complete record is obtained of a l l the Works performed under the contract . Measurements shal l be taken jo int ly by the Engineer or h is organisation representat ive and by the Contractor or h is organisation representat ive. Before tak ing measurements of any work the Engineer or the person deputed by h im for the purpose shal l g ive a reasonable not ice to the Contrac tor . I f the Contrac tor fa i ls to at tend or send an organisation representat ive for measurement af ter such a not ice or fa i ls to counters ign or the ob jec t ion wi th in a week f rom the date of measurement, then in any such event measurement taken by the Engineer or by the person deputed by h im shal l be taken to be cor rec t measurements of the works and shal l be binding on the Contrac tor . The Contractor shal l , wi thout any extra charge, provide ass is tance with every appl iance and other th ings necessary for measurements . Measurements shal l be s igned and dated by both part ies each day (o f tak ing measurement) on the s i te on complet ion of measurement.

93. Payments of B i l ls and Other Cla ims

The payment of b i l ls 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’ .

94. Ful l Prov is ions

The rates inserted by the corporat ion against var ious i tems of Work detai led in var ious par ts of scheduled shal l be deemed to inc lude every al lowance necessary, wi thout extra measurement or charge for meet ing the requi rement of var ious components / par ts of the contract Documents (v iz. par t icu lar spec if icat ions , PWD of s tandard spec if icat ions, Maharashtra schedule of ra tes , MOST spec if icat ions, BIS spec if icat ions , Spec ial Condi t ions , preambles and notes to schedule of i tems descr ipt ion of schedule i tems which shal l a l l be read together and any or of the fo l lowing unless spec i f ical ly prov ided for the contrary.

a) Compl iance with al l the condi t ions of contrac t


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inc luding General Condi t ions of Contrac t , schedule of ra tes and Quant i t ies , Par t icular Spec if icat ions , Drawings inc luding Notes thereon, Speci f icat ions in s tandard Speci f icat ions of PWD of Maharashtra and MJP relevant Ind ian Standard Speci f icat ions wherever appl icab le . However , in case of any d iscrepancy be tween drawing and tender, the tender i tem and spec if icat ion shal l prevai l . I f there is d iscrepancy in tender spec i f icat ions , the order o f preference shal l be 1 s t spec i f icat ion of Maharashtra State PWD, MJP, MOST and las t ly BIS.

b) A l l labour, mater ials , tool and plants , equipments and t ranspor t which may be required in preparat ion for and in the fu l l and ent i re execut ion and complet ion of the Works inc lud ing was te of mater ia ls , carr iage and car tage, car rying in , re turn of empt ies, ho is t ing, set t ing, f ix tures and f i t t ings in pos i t ion.

c ) Local condi t ions: Nature o f Works , loca l fac i l i t ies for supply o f labour and mater ia ls access ibi l i ty ’s to s i tes and al l o ther matters ef fect ing the execut ion and complet ion of the Works.

d) Dut ies e tc : Payments of any Octroi , Terminal Tax, Sales Tax, Turnover Tax, Contract Sales Tax, Tol l Tax, Ground Rent, Roya l ty, Env ironmenta l Cess , Local Bodies Cess, Taxes or any dut ies on mater ials obtained for the Works and any dut ies in respec t of patent r ights .

e) Superv is ion: Competent superv is 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 enac tment ’s , temporary accommodat ion, sani tat ion, compl iance with contract labour ac t 1970 (Regulat ion and Abol i t ion) .

g) Water : Prov is ion of a l l water requi red inc luding temporary p lumbing and connect ion.

h) Temporary Work Shops , Stores , Off ices , Labour Camps etc . Prov is ions of such s tructures required for ef f ic ient execut ion of the Works and removing and c leaning up s i te on complet ion of Works.

i ) Precaut ions Against R isks : Precaut ions to prevent loss or damage f rom al l or any r isk , insurance of sheds or any temporary accommodat ion prov ided by the corporat ion watch ing and l ight ing, prov is ions per tain ing to the General Condi t ions of Contrac t .

j ) Not ices, Fees etc . : Compl iance wi th s tatu tory prov is ions of regula t ions and/ or bye laws of any local author i ty and/ or any publ ic serv ice company or author i ty af fected by the Works .

k) Sett ing the Works inc lud ing al l apparatus requi red. l ) S i te Dra inage: Removal of a l l water that may

accumulate due to spr ing, sub soi l wa ter , f lood/ t ides and any other causes on the s i te dur ing the progress of the Work.

m) Execut ion of Work in Workmanl ike manner , fac i l i t ies for inspec t ion etc .

n) Rec t i f icat ion of bad Work: Rec t i f icat ion and/ or removal and reconstruc t ion of any Work which (as dec ided by the Engineer ) has been executed wi th unsound or


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imperfec t mater ia ls or unsk i l led Workmanship or of a qual i ty infer ior to that contracted for , whether dur ing cons truc t ion or reconstruc t ion pr ior to the exp iry of the Defec t L iabi l i ty per iod.

o) Respons ib i l i ty for damages and loss of a l l cons truc t ion mater ia ls e tc . , a t the s i te unt i l handing over to the corporation.

p) Removal of Rubbish: Removal of Rubbish & debr is & c leaning of any d ir t before handing over a l l comple t ion of woks.

q) C leaning s i te and Works: Removal by the Contractor of f the s i te , of any tools , p lats & materia ls and sweeping bu i ld ing, washing f loors , c leaning jo iner ies & removal of sp lashes of asphal t leav ing the whole s i te neat and t idy.

r ) Complet ion: Complet ing the Work to the sat isfact ion of the Engineer on or before s t ipulated the date of complet ion.

s) D if f icul t pos i t ion: Access ibi l i ty or o therwise to s i te , easy or d i f f icul t pos i t ion in Works.

t ) Errors : Rec ti f icat ion of a l l defects dur ing cons truc t ion & defect l iabi l i ty per iod to the sat is fac t ion of Engineer .

u) Curved Works etc . Works of any quant i ty, s ize or shape whether level , inc l ined, curved, bat tered etc .

v) Maker ’s Ins truc t ion: Compl iance with make’s ins truc t ions in the case of propr ietary ar t ic les , fac tory made good of precast i tems.

w) Waste: A l l was te laps , seams, jo ints ( rough or fa ir cut t ing) s traight / rak ing, c i rcu lar and making good.

x) Ar t i f ic ia l L ights : To inc lude al l l ight ing/Kerosene or elec tr ic power as the case may be when need ar ises for use of l ight ing whi le carry ing out Works .

Cons truc t ion of approaches to the s i te of Work . Making ar rangements for proper access to Works in the form of s ta irs , ladders, l i f ts etc . as ordered by the Engineer – in – Charge for proper superv is ions, tes t ing and or inspect ion of Works inc luding mater ia l dur ing cons truct ion & defec t l iabi l i ty per iod.

95. Inter im Payment

Inter im b i l ls sha l l be submi t ted by the Contractor f rom t ime to t ime (but a t an interval o f not less than one month) for the Works executed. The Engineer shal l ar range to have the bi l ls ver i f ied by tak ing or caus ing to be taken, where necessary, the requis i te measurement of Work. The jo in t measurement sha l l not be an excuse for the Contrac tor to submi t intermediate bi l ls at monthly or in terva ls not less than a month. A l l in ter im b i l ls sha l l be f i rs t subm i tted by the Contrac tor wi th detai led measurements and thereaf ter on ly the Engineer or h is organisat ion representat ive shal l car ry out jo int ver i f ica t ions or otherwise on record in the measurement book before cer t i f icat ion of the b i l ls . Payment on account for amount adm iss ible shal l be made on the Engineer cert i fy ing the sum to which the Contractor is cons idered ent i t led by way of inter im payment for a l l the Work executed, af ter deduc t ing there f rom the amount already paid , the secur i ty depos i t / retent ion money and such other amounts as may be deduct ib le or recoverab le


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in terms of the contract . No inter im payment wi l l be adm it ted unt i l such t ime the Contrac tor have fu l ly compl ied wi th the requirement of the Condi t ion 84 concerning submiss ion 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 at the t ime of next in ter im payment for non at ta inment of each m i lestone in the Network and shal l be released on ly on at ta inment of the sa id m i les tone

96. Mod if icat ion of In ter im Cert i f icate

An inter im cert i f ica te given rela t ing to Work done or mater ia l del ivered may be modif ied or cor rec ted by any subsequent inter im cer t i f icate or by the f inal cer t i f icate . No cer t i f ica te of the Engineer support ing an inter im payment shal l of i tself be conc lus ive ev idence that any Work or mater ia ls to which i t re la tes is /are in accordance wi th the contrac t .

97. Income Tax

The Contrac tor sha l l pay Ind ian Income Tax on al l payments made to h im under the Contrac t , o ther than re imbursements made to h im by the Corporat ion to cover payment by Contractor of m inor cus tom dut ies e tc . , or any other payment, which the Contrac tor may make on the Corporat ion’s behal f . Under the prov is ions of Sec . 194-C of the Indian Income Tax Ac t , the Corporat ion is required to deduc t Tax wi th surcharge at source at prevai l ing rates f rom the gross amount of each bi l l submit ted. Any expatr iate s i te s taf f or s taf f not normal ly res idents of Ind ia, 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 per form such dut ies in regard to such deduct ions thereof as may be imposed on him by such laws and regula t ions.

98. Payment of Taxes

The contrac tor sha l l pay al l the taxes d irec t ly to respect ive organizat ions & to the Government. The Corporat ion shal l not take any respons ibi l i ty for any k ind of tax payment to the Government or semi Government bodies at any po in t of t ime. The pr ices quoted by the Contrac tor shal l inc lude al l cus toms dut ies, impor t dut ies, exc ise duties , bus iness taxes , income and other taxes that may be levied in accordance to the laws and regula t ion in- force on the Contrac tor ’s Equipment, mater ia ls , suppl ies (permanent, temporary and consumables) to be used on or furnished under the contrac t and on the serv ices to be per formed under the contrac t. Nothing in the contrac t shal l re l ieve the contrac tor f rom his respons ib i l i ty to pay any tax tha t may be lev ied or on prof i ts made by him in respect of the contrac t . The contrac tor shal l per form such dut ies in regard to such deduct ions thereof as may be imposed on him by such laws and regula t ions. A l l Charges on account of Oc tro i , termina l or Sales Tax and other dut ies on mater ia l obta ined for the Works f rom any source inc luding the tax appl icable as per Maharashtra Sales Tax Act on the t ransfer of proper ty in the goods involved in the execut ion of Works contrac t ( re-


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enac ted) Ac t , 1991 etc . shal l be borne by the Contrac tor . Under the prov is ions of the Maharashtra Sales Tax Ac t , the Corporat ion is required to deduc t Turnover Tax at source at the rates prevai l ing at the t ime of payments.

The contrac tor sha l l submi t form – 31 or such other forms as are prescr ibed under the said act which is required to be produced by the pr inc iple employer in the events of any not ice by the Sales Tax Department wi th in one month of issue of let ter o f acceptance.

99. Deduct ion of Contrac t Sales Tax / Turnover tax

The Contractors are required to produce the ir regis trat ion for contract sales tax/ turnover tax to the depar tment before re leas ing the 1 s t R.A. b i l l f or the Work executed by them, fa i l ing which, no payment shal l be re lease.

100. Prov is ional Sums

(1)”Prov is ional sum” means a sum inc luded in the contrac t

and so des ignated in the Bi l l of Quant i t ies for the execution of Work or supply of goods, mater ia ls or services or for contingenc ies, which sum may be used, in whole or in par t , or not a t a l l , a t the d irec t ion and disc ret ion of the Engineer . The contrac t pr ice shal l inc lude on ly such amounts in respec t of the Work, supply or service to which such provis ional sum relate as the Engineer sha l l approve or determine in accordance with th is c lause. (2) In respec t of every provis ional sum the Engineer shal l have power to order to execute the Work , inc luding goods, mater ia ls or serv ices to be suppl ied by the Contrac tor . The contrac t pr ice shal l inc lude the va lue of such Work executed or such goods , mater ia l or serv ices suppl ied determ ined in accordance with C lause No. 102. (3) The Contrac tor sha l l produce al l quotat ions , invoices , vouchers and accounts or rece ipts in connec t ion wi th expendi ture in respect of prov is ional sums.

101. Rates for Excess in I tems

Quant i t ies shown in the tender are approximate and no c la im shal l be enterta 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 th is contrac t , the var iat ions /dev iat ions in carrying out the i tems of work shal l not exceed p lus or m inus 25 percent of contrac t sum. The deviat ion/var ia t ion in the quant i ty of indiv idual i tems shal l not be taken as deviat ion or var iat ion in the contrac t . The dif ference between the to tal va lue of the work done and the Contrac t sum as def ined above wi l l be only be cons idered for devia t ion/var iat ion. The Contrac tor sha l l ar r ive a t the rates af ter careful ly prepar ing the rate analys is tak ing into cons iderat ion s i te condi t ions . For increase upto 25 percent over the quant i ty shown in the b i l l o f quant i t ies shal l be pa id a t , the rate ment ioned in the bi l l of quant i t ies . However , i f the quant i ty inc reases beyond 25 percent of quant i ty shown in the b i l l of quant i t ies the excess quant i ty beyond 25 percent shal l be pr iced as under : The rate shal l be worked out based on schedule rate wi th Contrac tors quoted percentage or cur rent d is t r ic t schedule of rates wi thout Contrac tor ’s quoted percentage, which ever is less .


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102. Rates for Extra I tems

Rates for such addi t ional a l tered or , subs t i tu ted Work shal l be determined as fol lows : i ) I f ra te for addi t iona l , a l tered or subst i tu ted i tem of Work is spec if ied in the bi l l of quant i t ies and ra tes , the Contrac tor shal l car ry out the addi t iona l , a l tered or subs t i tu ted i tem at the same rate , subjec t to 100 above. i i ) I f rate for any addi t iona l , a l tered or subst i tuted i tem of Work is not inc luded in the bi l l of quant i t ies and rates , such i tem of Work shal l be carr ied out at the relevant Corporat ion’s schedule of ra tes (Publ ic works Depar tment and M.J.P. schedule o f rates for Thane D is tr ic t ) preva i l ing at the t ime of execut ion of extra Work (Quoted percentage wi l l not be appl icab le) i i i ) I f the ra te for any addi t ional , a l te red or subs t i tu ted i tem of Work cannot be determ ined in the manner spec if ied in ( i ) & ( i i ) above, or the rate so determined is found to be unreasonable, then the Contrac tor wi l l be pa id a t such fa i r and reasonable rates as Worked out by the Engineer on the bas is of mater ia l , labour and operat ions of cons truc t ion equipment requi red to execute the i tem and al lowing 10 percent to cover prof i ts and overhead charges . ( iv) The Contractor shal l submi t to the Engineer his detai led rate analys is for carry ing out var ia t ion du ly suppor ted wi th quotat ions and other suppor t ing Documents wi th in 7 days of wr i t ten ins truct ions to carry out var ia t ions . I f the Contractor ’s quotat ion is unreasonable, the Engineer orders the var ia t ion and makes change to the contrac t pr ice which is based on h is own forecas t of the var ia t ions on the Contractor ’s cost . In case, the rates dec ided by the Engineer are not acceptable to the Contrac tor , he shal l cont inue with the work and maintain contemporary records of ac tua l expenses on day- to-day bas is wi th jo in t assessment/ ver if icat ion. The Contractor is not ent i t le for payment of actual expenses as per jo in t records added wi th 10% for prof i t and overheads. Disagreement wi th the ra te f ixed by the Engineer sha l l be informed by the Contrac tor before commenc ing the work of var ia t ions , fa i l ing which the rate f ixed by the Engineer shal l be f inal and b ind ing on the par t ies to contrac t .

103. Overpayment and Underpayment

Whenever any c la im for the payment of a sum to the Corporat ion r ises out of or under th is contrac t aga inst the Contrac tor the same may be deduc ted by the Corporat ion f rom any sum then due or which at any t ime thereaf ter may become due to the Contractor under th is contract and fa i l ing that under any contract wi th the Corporat ion or f rom any other sum due to the Contrac tor f rom the Corporat ion (which may be ava i lab le wi th the Corporat ion) or f rom his secur i ty depos i t / retent ion money, or he shal l pay the c la im on demand. The Corporat ion reserves the r ight to carry out pos t payment audi t and technical examination of the f ina l b i l l inc luding a l l suppor t ing voucher , abstrac ts etc . The Corporat ion fur ther reserves the r ight to enforce recovery of any over payment when de tec ted. I f as a resu l t of such audi t and technical exam inat ion any overpayment is d iscovered in respec t of any Work done by


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the Contractor or a l leged to have been done by him under the Contract , i t sha l l be recovered by the Corporat ion f rom the Contrac tor by any or a l l of the methods prescr ibed above or i f underpayment is d iscovered the amount shal l be du ly paid to the Contrac tor by the Corporat ion. Provided that the aforesaid r ight of the Corporat ion to ad jus t overpayment agains t amount due to the Contractor under any o ther contrac t wi th Corporat ion shal l not extend beyond the per iod o f two years f rom the date of payment of the f ina l b i l l o r in case the f ina l b i l l is a “Minus” b i l l , f rom the date of the amount payable by the Contractor under the “Minus” bi l l is communicated to the Contractor . Any amount due to the Contrac tor under th is contract for underpayment may be adjusted agains t amount then due or which may at any t ime thereaf ter become due before payment is to the Contrac tor , f rom h im to Corporat ion on any o ther contrac t or account whatsoever.

104. Payment of F inal B i l l

F inal jo in t measurement a long-wi th the representat ives of the Contractor should be taken, recorded and s igned by the Contrac tors . Contrac tor should submit the f inal b i l l wi th in 1 month of phys ical complet ion of the Work . I f the Contrac tor fa i ls to submit the f ina l b i l l wi th in 1 month, the Corporat ion s ta f f wi l l prepare the f inal b i l l based on the jo int measurement wi th in next 3 months. Engineer ’s dec is ion shal l be f inal in respec t of c la ims for defec t and pending c la ims agains t Contrac tors . No fur ther c la ims should be made by the Contrac tor af ter submiss ion of the f inal b i l l and these shal l be deemed to have been waived and ext inguished. Payment of those i tems of the b i l ls in respect of which there is no dispute and of i tems in d ispute, for quant i t ies and rates as approved by the Commiss ioner shal l be made with in a reasonable per iod as may be necessary for the purpose of ver if icat ion etc . Af ter payment of the f ina l b i l l as aforesa id has been made, the Contrac tor may, i f he so des ires , recons ider h is pos i t ion in respect of a d isputed por t ion of the f inal b i l l and i f he fa i ls to do so wi th in 84 days, h is d isputed c laim shal l be deal t wi th as provided in the contrac t .


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105.

Receip ts to be S igned in Firm ’s Name by any One of the Par tners

Every receip t for money which may become payable or for any secur i ty which may become transferab le to the Contrac tor under these present sha l l , i f s igned in the partnersh ip name by any one of the partners , be a good and suf f ic ient d ischarge to the Commiss ioner and Corporat ion in respect of the money or secur i ty purport ing to be acknowledged thereby, and in the event o f death of any of the partners dur ing the pendency of th is contrac t , i t is hereby express ly agreed that every receip t by any one of the surv iv ing par tners shal l , i f so s igned as aforesa id, be good and suf f ic ient d ischarge as aforesa id prov ided that nothing in th is c lause conta ined shal l be deemed to pre jud ice or ef fec t any c la im which the Commissioner or the Corporat ion may hereaf ter have against the lega l representat ives of any par tners so dying or in respec t of any breach of any of the condi t ions thereof , prov ided also that nothing in th is c lause contained shal l be deemed prejudice or af fect the respec t ive r ights or obl igat ions of the Contrac tor and of the legal representat ive of any deceased Contractors interest .

106. No Payment on Account of Pr ice Var iat ion of Labour , Mater ia l and POL Component

No mater ia l pr ice var iat ion wages escala t ion on ind iv idual i tem on account whatsoever and compensat ion for ‘Force Majeure’ etc . shal l payable under th is contrac t . Deleted.(Separate c lause at tached)

PART-VI TERMINATION OF CONTRACT AND SETTELEMENT OF DISPUTES

107. Cancel lat ion of Contract in Ful l or in Part .

I f the Contractor : (a) A t any t ime makes defau l t in proceeding wi th the Work wi th due d i l igence and cont inues to do so af ter not ice in wr i t ing o f four teen days f rom the Engineer ; or (b) Commits defau l t in complying wi th any of the terms and condi t ions of contrac t and does not remedy i t wi th in four teen days af ter a not ice in wr i t ing is g iven to h im in that beha l f by the Engineer , or (c ) Fai ls to complete the Works or i tems wi th ind iv idual dates of complet ion, on or before the date(s) of complet ion, and does not complete them with in the per iod spec if ied in a not ice g iven in wr i t ing in that beha l f by the Engineer , or (d) Shal l of fer or give or agree to g ive to any person in Corporat ion’s Serv ice or to any other person on h is behal f any gi f t or cons iderat ion of any k ind as an inducement or reward for do ing or forbear ing to do or for having done or forborne to do any ac t in re la t ion to the obta in ing or execution of th is or any other contrac t for the Corporat ion, or (e) Shal l obtain a contract wi th the Corporat ion as a resul t of r ing tender ing or o ther non-bona-f ide methods of compet i t ive tender ing or ( f ) being an ind iv idual or a f i rm, any par tner thereof , shal l at any t ime be adjudged insolvent or have a receiv ing order or order for adminis tra t ion of h is esta te made


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against h im or shal l take any proceedings for l iquidat ion or composi t ion (o ther than voluntary l iquidat ion for the purpose of amalgamat ion or recons truc t ion) under any inso lvency act for the t ime being in force or make any conveyance of ass ignment of h is ef fec ts or compos i t ion or ar rangement for the benef i t of h is credi tors or purport so to do, or i f any appl icat ion be made under any Insolvency Act for the t ime be ing in force for the seques tra t ion of h is es tate or i f a t rus t deed be executed by him for h is credi tors , or (g) Being a company, shal l pass a reso lut ion or the cour t shal l make an order for the l iquidat ion of h is af fa i rs , or a receiver or a manager on behalf of the debenture ho lders shal l be appointed or c i rcumstances shal l ar ise which ent i t le the Cour t or debenture ho lders to appoint a receiver or a Manager, or (h) sha l l suf fer an execut ion being lev ied on his goods and al low i t to be cont inued for a per iod of 21 days , or Ass igns , t ransfers , sub lets (engagement of labour on a piece Work bas is or labour wi th mater ia ls not to be incorporated in the Work, sha l l not be deemed to be sub-let t ing) or at tempts to ass ign, t ransfer or sub- let the ent i re Works or any port ion thereof wi thout the pr ior wr i t ten approval of the Commiss ioner ; the Commiss ioner may, wi thout pre jud ice to any other r ight or remedy which shal l have accrued or shal l accrue thereaf ter to the Corporat ion by wr i t ten no t ice cancel the contrac t as a whole or on ly such i tems of Work in defaul t f rom the contrac t . ( i ) In the case of abandonment of the work owing to ser ious i l lness or death o f the Contractor .

108. Act ion When Whole of Secur i ty Deposi t is to be Forfei ted

In the cases ment ioned in above c lause No. 107 the Engineer , on behalf of the corporat ion shal l have power to adopt any of the fo l lowing forces, as he may deem best su i ted to the in terest of the corporat ion.

a) To resc ind the contrac t ( for which resc iss ion notice in wr i t ing to the Contrac tor under the head of Engineer sha l l be conc lus ive ev idence) and in that case the secur i ty depos i t of the Contractor shal l s tand for fe i ted and be absolute ly at the disposal of Corporat ion

b) To carry out Work or any par t of the depar tmental l y deb i t ing the Contrac tor wi th the cost of the Work , expendi ture incurred on too ls and plan and charges on addi t iona l superv isory s taf f inc lud ing the cos t of Work charge es tab l ishment employed for get t ing the unexecuted part of the Work completed and c redi t ing him with the value of the Work done depar tmenta l ly in al l respec ts in the same manner and at the same rates as i f i t had been carr ied out by the Contrac tor under the terms of h is contrac t . The cer t i f ica te of the Engineer as to the cos ts and other a l l ied expenses so incur red and as to the va lue of the Work so done departmental ly and shal l be f inal and conc lus ive agains t the Contrac tor .

c ) To order that the Work of the Contrac tor be measured up and to take such part there of as shal l be on executed out of h is hands, and to give i t to another


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Contrac tor to complete , in which case al l expenses incurred on adver t isement for f ix ing a new contract ing agency, addi t iona l superv isory s ta f f inc luding the cost of Work charge establ ishment and a cost of Work executed by the new contract agency wi l 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 c redi ted to the Contrac tor in al l respec ts and in the same manner and at the same rates as i f i t had been carr ied out by the Contrac tor under the terms of th is contract . The cer t i f ica te of the Engineer as to al l the cost of the Work and other expenses incurred as aforesa id for or in gett ing the unexecuted Work done by the new Contractor and as to the va lue of the Work so done shal l be f inal and conc lus ive agains t the Contrac tor . In case the contract shal l be resc inded under c lause (a) above the Contrac tor sha l l not be ent i t le to recover or be paid, any sum for any Work therefore actual ly performed by h im under th is contrac t un less and unt i l the Engineer shal l have cer t i f ied in wr i t ing the performance of the such Work and the amount payable to him in respec t thereof and he shal l only be ent i t led to be pa id the amount so cer t i f ied in the event of e i ther of the curses refer red to in c lauses (b) or (c) being adopted and the cost of the executed depar tmenta 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 o f excess shal l be deduc ted f rom any money due to the Contrac tor , by corporat ion under the Contrac tor otherwise howsoever or f rom his secur i ty depos i t or the sa le proceeds there of prov ided, however , that Contrac tor shal l have no c la im agains t corporat ion even i f the cer t i f ied va lue of Work done departmental ly or through a new Contrac tor exceed the cer t i f ied cos t of such Work and a l l ied expenses , provided a lways that wh ich ever of the three courses ment ioned in c lauses (a) , (b) or (c) is adopted by the Engineer , the Contractor shal l have no c la im to compensat ion for any loss sus ta ined by him by reason h is having purchased or procured any mater ia ls , or entered into any engagements , or made any advance on account of or wi th a v iew to the execut ion of the Work or the performance of the contract .

109. Act ion When the Progress of any Par t icular Por t ion of the Work is Unsat is fac tory

I f the progress of any par t icular por t ion of the Work is unsat is fac 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 g iv ing the Contrac tor 14 days notice in wr i t ing. The Contractor wi l l have no c la im for compensation, for any loss sus tained by him owing to such ac t ion.

110. Contrac tor Remains Liable to Pay Compensat ion i f Ac t ion not Taken Under

In any case in which any of the powers confer red upon the Engineer by c lauses 108 & 109 hereof sha l l have become exerc isab le and the same shal l not have been exerc ised the non exerc ise there of shal l not cons t i tu te a waiver of any of the condi t ions thereof and such powers shal l not wi ths tanding the exc isab le in the event of any future case


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Clause 108 and 109

of defaul t by the Contrac tor for which under any c lause hereof he is dec lared l iable to pay compensat ion amount ing to the whole o f th is secur i ty depos i t and the l iabi l i ty o f the Contrac tor for past and fu ture compensat ion shal l remain unaf fected.

111. Power to take possess ion of or require removal or sel l Contrac tors plant

In the event of Engineer tak ing act ion under sub c lauses (a) or (c) c lause 108, he may i f he so des ires, take possess ion of a l l any too ls and p lant , mater ia ls and s tore in or upon the Work of the s i te thereof or belonging 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 al lowing for the same in account at the contrac t rates or in the case of contract ra tes not being appl icab le at cur rent market ra tes to be cer t i f ied by the Engineer whose cer t i f icate thereof shal l be f ina l . In the al ternat ive the Engineer may af ter g iv ing not ice in wr i t ing to the Contrac tor or h is c lerk of the Work foreman or other author ises agent requi res him to remove such tools and plant , mater ia l , or s tores f rom the premises wi th in a t ime to be spec if ied in such not ice and in the event of the Contrac tor fa i l ing to comply wi th any such requis i t ion, the Engineer may remove them at the Contrac tor ’s expenses or sel l them by auc t ions or pr ivate sa le on account of the Contrac tor and at th is r isk in al l respec t and the cer t i f 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 shal l be f inal and conc lus ive agains t the Contractor .

112. No Interest for Delayed Payments Due to Disputes etc .

I t is agreed that the Corporat ion of or i ts Engineer or Of f icer sha l l not be l iable to pay any interest or damage wi th respec t to any moneys or balance wh ich may be in i ts or i ts Engineer ’s or of f icer ’s hands owing to any dispute or d i f ference or c la im or m is-understanding between the Corporat ion of or i ts Engineer or Of f icer on the one hand and the Contractor on the other , or wi th respect to any de lay on the par t o f the Corporat ion of Navi Mumbai or i ts Engineer or Of f icers in mak ing per iod ical or f inal payments or in any other respec t whatever . Payment to the Contrac tor of the amount due under each of the in ter im payment cer t i f ica te issued by the Engineer shal l be made by the Corporat ion wi th in 45 (For ty Five) days i f such cer t i f icate being del ivered. I f the Corporat ion makes late payment, the Contractor is to be pa id interes t on the la te payment in the next payment. In teres t shal l be ca lculated f rom the date by which the payment should have been made upto the date when the la te payment is made at 6% per annum. I t is a term under th is contrac t that payment of interest in excess of 6% is barred on any amount payable to the Contrac tor on any account. I t is d is t inc t ly unders tood and agreed between the part ies hereto that payment for Work a lready executed by the Contrac tor is not a condi t ion precedent under th is contrac t for the execut ion of the remaining Work .

113. Jur isdic t ion In case of any c la im , d ispute or d if ference ar is ing in respect of a contrac t , the cause of ac t ion thereof sha l l be deemed to have ar isen in Navi Mumbai and a l l legal proceedings in respect of any such c la im, d ispute or


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di f ference shal l be ins t i tuted in a competent cour t in the Ci ty o f Navi Mumbai only.

114. Final i ty of Dec is ion and Non-Arb i t rabi l i ty

SETTLEMENT OF DISPUTES

I f a d ispute/ d isputes of any k ind whatsoever ar ises between the Contractor and Engineers representat ive the same shal l be re fer red to the Engineer for h is dec is ion wi th detai led jus t i f ica t ion. Such reference shal l be s ta ted that i t is in pursuance to th is c lause for review and giv ing dec is ions by the Engineers . The Engineer shal l g ive h is dec is ion wi th in 14 days of receip t of not ice. I f e i ther par ty is not sat is f ied wi th the dec is ion of the Engineer or the Engineer fa i ls to give the dec is ion wi th in the per iod of 14 days f rom the date of receip t of not ice under th is c lause, such a dispute may be referred to Arbi t ra t ion as per Clause No. 115.

115. Arb i t rat ion Except where, o therwise prov ided for in th is contrac t , a l l ques t ions and disputes rela t ing to the meaning of ins truc t ion hear in before ment ioned or as to any other ques t ion, c la im , r ight , matter of handing whatsoever , i f any ar is ing out of or re lat ing to th is contract , spec if icat ion, es t imates , Ins truct 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 is ing dur ing the progress of the work or af ter complet ion or abandonment thereof of any matter d i rec t ly or indirec t ly connec ted wi th th is agreement sha l l be referred to the so le Arb i t ra t ion of the Mun ic ipa l Commiss ioner o f Navi Mumbai Corporat ion, C.B.D., Navi Mumbai and i f the Munic ipal Commiss ioner is unable or unwi l l ing to act as such, then the matter in dispute shal l be referred to sole Arb i t rat ion or such other person appointed by the Munic ipal commiss ioner who is wi l l ing to ac t as such Arb i t rator . In case, the Arbi t ra tor so appointed is unable to ac t for any reasons , the Munic ipal Commissioner in the event o f such inabi l i ty, shal l appoin t another person to ac t as Arb i t rator in accordance with the terms of the contrac t . Such person shal l be ent i t led to proceed wi th the re ference f rom the s tate at wh ich i t was lef t by h is predecessors . I t is a lso a term of th is contract that no person other than a person appointed by the Mun ic ipa l Commissioner as aforesa id should act as an Arb i t ra tor . As aforesaid the provis ions of the arbi t rat ion and conc i l iat ion ac t 1996 or any s tatu tory modif icat ion or Reenac tment there of and the ru les made there under and for the t ime being in force shal l apply to the arbi t ra t ion proceedings under th is c lause.

116. Laws Govern ing The Contrac t

This contract sha l l be governed by the Indian Laws for the t ime being in force.

PART –VII WORK COMPLETION & DEFECT LIABILITY

117. Clearance of S i te on Complet ion

Upon the issue of any Tak ing over cer t i f icate the Contrac tor sha l l c lear away and remove f rom that par t o f the s i te to which such Tak ing-over Cert i f ica te re la tes al l Contrac tor ’s equipment, surp lus mater ia ls , rubbish and


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temporary Works of every k ind, and leave such part of the s i te and Works c lean and in a Workman l ike condi t ion to the satisfact ion of the Engineer . I f the Contrac tor does not c lear the s i te wi th in 15 days al l mater ia l wi l l be conf iscated and no compensat ion shal l be pa id and the s i te wi l l be c leared at r isk and cos t of the Contractor .

118. Submiss ions of F ina l Complet ion Drawings

On complet ion of the Work, the Contrac tors shal l furnish f ree of cost 1 set of R.T.F. of f inal complet ion drawings and 6 bound sets of copies of drawings , showing al l the detai ls checked and s igned by the Engineer wi th in 2 months of complet ion of Works . The payment of f inal b i l l shal l be made to the Contractors af ter rece ipt of above sets . In case the Contrac tor fa i ls to submit the complet ion drawings , a compensat ion at the rate of Rs .5000/- per drawing shal l be recovered f rom the f inal b i l ls

119. Complet ion Cert i f icate

(1) As soon as Work is completed, the Contrac tor shal l g ive not ice of such complet ion to the Engineer and wi th in 28 (Twenty-e ight) days of receip t of such not ice the Engineer shal l inspec t the Works and shal l furnish the Contrac tor wi th a cer t i f ica te of complet ion indicat ing (a) the date o f complet ion (b) the defec ts to be rect i f ied by the Contrac tor , and/or (c) i tems for which payment shal l be made at reduced ra tes . When separate per iods of complet ion have been specif ied for i tems or groups of i tems, the Engineer shal l issue separate complet ion cer t i f icates for such i tems or groups of i tems. No cer t i f ica te of complet ion shal l be issued, nor the Works be cons idered 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 scaf fo ld ing, sheds and surplus mater ia ls , except such as required for rec t i f icat ion of defects , rubbish and a l l huts and sani tary arrangements required for h is Workers on the s i te in connec t ion wi th the execut ion of Works as shal l have been erec ted by the Contrac tor or the Workmen and c leaned al l d i r t f rom a l l par ts of bu i ld ing(s) in , upon or about which the Work has been executed or of wh ich he may have had possess ion for the purpose of execut ion thereof and c leaned f loors , gut ters and drains , eased doors and sashes, o i led and fas ten ings , labe led the keys c lear ly and handed them over to the Engineer or h is representat ive and made the whole prem ises f i t for immediate occupat ion or use to the sat is fact ion of the Engineer . I f the Contractor shal l fa i l to comply wi th any of the requirements of th is Condi t ion as a foresaid, on or before the date o f complet ion of Works , the Engineer may a t the expense of the Contractor fu lf i l l such requi rements and dispose of a l l the surplus mater ia l and rubbish etc . as he th inks f i t and the Contractor sha l l have no c la ims in respect of any such mater ia l except for any sum actual ly real ised by the sa le thereof less the cos t of fu lf i l l ing the requirements and any other amount that may be due f rom the Contractor . I f the expense of fu l f i l l ing such requirement is more than the amount rea l ises on such disposal as aforesaid , the Contractor shal l for thwi th on


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demand pay such excess . The Contrac tor ’s not ice of complet ion as aforesa id shal l have to be accompanied wi th one set of t rac ings of f inal complet ion drawings on RTF and s ix bound sets of copies of as bu i l t drawings , fa i l ing wh ich the not ice shal l be deemed to have not been issued at a l l . (2) I f at any t ime before complet ion of the ent i re Work , i tems or groups of i tems for which separate per iods of complet ion have been spec if ied, have been completed, the Engineer wi th the consent of the Contrac tor takes possess ion of any par t or par ts of the same (any such par t or par ts be ing here inaf ter in th is condi t ion re fer red to as " the relevant par t" ) then notwi ths tanding anyth ing expressed or impl ied elsewhere in th is contrac t . W ith in 28days (Twenty-e igh t days) o f date of complet ion of such i tems or group of i tems or possess ion of the relevant par t the Engineer shal l issue a complet ion cer t i f icate for the re levant par t prov ided the Contrac tor fu l f i l ls h is ob l igat ion for the re levant par t as in sub-para (1) above The defec ts l iabi l i ty per iod in respec t of such i tems and re levant par t shal l be deemed to have commenced f rom the cer t i f ied date of complet ion of such i tems or re levant par t as the case may be. (a) For the purpose of ascerta in ing compensat ion for delay under Clause No. 88 in respec t of any per iod dur ing which the Works are not completed the relevant par t sha l l be deemed to form a separate i tem or group, wi th date o f complet ion as given in the contrac t or as extended under C lause No.80 and ac tua l date of complet ion as cer t i f ied by the Engineer under th is condi t ion. (3) I f any part of the Work shal l have been subs tant ia l ly completed and shal l have sat is fac tor i ly passed any f inal tes t that may be prescr ibed under the contrac t , the Engineer may issue a cer t i f ica te of complet ion in respec t of that par t o f the Works before complet ion of the who le Works and upon the issue of such cer t i f ica tes , the Contrac tors sha l l be deemed to have undertaken to complete any outs tanding Works in that par t o f the Works dur ing the per iod of maintenance.

120. Tak ing Over of Work

Corporat ion wi l l take over the Work at any s tage whenever required in the in teres t of publ ic by g iv ing 10 days not ice to the Contrac tor .

121. Defec ts Liabi l i ty Per iod

The Contrac tor shal l be responsible to make good and remedy at h is own expense with in such per iod as may be s t ipu lated by the Engineer any defec ts wh ich may develop or be not iced before the expiry o f the per iod ment ioned in the Schedule `A ' hereto f rom cer t i f ied date of complet ion and in t imat ion of which has been sent to the Contractor wi th in 7 days of exp ir y o f the sa id per iod by le t ter sent by hand del ivery or by reg is tered post

122. L iabi l i ty for Defec ts or Imperfect ions and Rec t i f icat ion

I f i t sha l l appear to the Engineer or to his representat ive at any t ime dur ing cons truct ion or reconstruc t ion or dur ing the defec ts ‚ l iabi l i ty per iod, that any Work has been executed wi th unsound, imperfec t or unsk i l l f u l Workmanship or that any mater ia l or ar t ic le


79

Thereof prov ided by the Contrac tor for execut ion of thereof the Work is unsound or of a qual i ty in fer ior to that contrac ted for , or o therwise, not in accordance wi th the Contract , or that any defec t , shr inkage or other faul ts have appeared in the Work ar is ing out o f defec t ive or improper mater ia ls or Workmanship, the Contrac tor shall , upon rece ip t of not ice in wr i t ing in that behal f f rom the Engineer for thwith rec t i f y or remove or reconstruc t the Work so spec if ied in whole or par t, as the case may require or , as the case may be, and / or remove the mater ia ls or ar t ic les so spec if ied and prov ide other proper and su i tab le mater ia ls or ar t ic les a t h is own expense notwi ths tanding that the same may have been inadver tent ly passed, cer t i f ied and paid for , and in the event of h is fa i l ing to do so wi th in the per iod to be spec i f ied by the Engineer in his not ice aforesa id the Engineer may rec t i f y or remove and re-execute the Work and/or remove and rep lace wi th others the mater ia ls or ar t ic les complained of , as the case may be, by o ther means at the r isk and cos t of the Contrac tor . In case of repairs and maintenance Work, splashes and droppings f rom whi tewashing, paint ing etc . sha l l be removed and sur faces c leaned s imul taneously wi th complet ion of these i tems of Work in indiv idual rooms, quar ters or prem ises etc . where the Work is done, wi thou t wa i t ing for complet ion of a l l o ther i tems of Work in the contrac t . In case the Contrac tor fa i ls to comply wi th requirement of th is condi t ion, the Engineer shal l have the r ight to get the Work done by other means at the r isk and cos t of the Contrac tor . The Engineer sha l l g ive three days not i ce in wr i t ing to the Contrac tor before tak ing 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 cos t and expenses thereby incur red on the Works and also such penal ty as the Engineer may impose for such wrongfu l conduc t of the Contrac tor (wh ich penal ty, the Engineer sha l l be competent to impose and against the impos i t ion of which or the amount thereof by the Engineer an appeal sha l l l ie on ly to the Commiss ioner wi th in seven days of the order in that behal f of the Engineer and the dec is ions of the Commiss ioner shal l be f ina l and binding upon the Contractor) may be deduc ted f rom any money due or to become due to the Contrac tor , under th is or any other contrac t between the Contrac tor and the Corporat ion.

123. Maintenance The Contractor shal l maintain the f in ished surface of the road for a per iod as spec if ied in Contrac t document, af ter the complet ion of Work wi thout any extra cos t to corporat ion i r respec t ive of the des igns, s tandards and spec i f icat ions and ac tua l t raf f ic e tc . The Contrac tor shal l get the po tho les f i l led up wi th asphal t m ix mater ia ls and keep the road sur face in good condi t ion throughout the year. 5 percent amount of the to tal Work done shal l be wi th held f rom running account bi l l f or the per iod spec if ied in the Contrac t document f rom the date of complet ion of


80

Work as maintenance charges of maintain ing and keeping the road in good condi t ion. This 5 percent amount wi thheld towards maintenance charges shal l be al lowed to be replaced with Bank guarantee or other recognized forms at intermediate s tage, i f so, des ired in wr i t ing. This maintenance charges shal l be in addi t ion to secur i ty deposi t . On complet ion of the Work in a l l respec ts , necessary cer t i f icates wi l l be issued by the Engineer and the defec t l iabi l i ty per iod wi l l be counted f rom the date o f issue of such cer t i f ica tes A l l damages dur ing execut ion shal l be made good by the Contrac tor a t h is cos t . He wi l l be responsible for any damage to the road sur face inc lud ing B.T. sur face in rainy season and dur ing cons truc t ion and guaranteed maintenance per iod and no separate payment wi l l be made for resor t ing such damages. Defec t ive Work is l iable to be rejected at any s tage. The Contrac tor on no account can refuse to rec t i f y defec ts merely on reasons that fur ther Work has been carr ied out . No extra payments shal l be made for such rec t i f ica t ion.

124. Defec ts Liabi l i ty Cert i f icate

The Contrac t shal l not be cons idered as completed unt i l a Defec ts Liab i l i ty Cer t i f ica te shal l have been s igned by the Engineer and de l ivered to the Contrac tor , s tat ing the date on which the Contractor shal l have completed his ob l igat ions to execute and complete the Works and remedy any defec ts there in to the Engineer ’s sat isfact ion. The Defec ts L iab i l i ty Cert i f ica te shal l be given by the Engineer wi th in 28 days af ter the expirat ion of the la tes t such per iod, or as soon thereaf ter as any Works ins truc ted, pursuant to C lauses 121 and have been completed to the sat is fac t ion of the Engineer , Prov ided that the issue of the Defec ts Liab i l i ty Cer t i f icate shal l not be a condi t ion precedent to payment to the Contrac tor of the Retent ion Money.

125. Unful f i l led Obl igat ions

Notwi ths tanding the issue of the Defec ts Liabi l i ty Cert i f ica te the Contrac tor and the Corporat ion shal l remain l iable for the fu l f i l lment of any obl igat ion incur red under the provis ions of the Contrac t pr ior to the issue of the Defec ts L iabi l i ty Cer t i f icate is issued and, for the purposes of determin ing the nature and extent of any such ob l igat ion, the Contrac t shal l be deemed to remain in force between the par t ies to the Contrac t . Notwi thstanding the issue of the Defects Liab i l i ty Cer t i f icate the Contractor and the Corporat ion shal l remain l iab le for the fu lf i l lment of any ob l igat ion incur red under the prov is ions of the Contrac t pr ior to the issue of the Defects Liabi l i ty Cert i f ica te is issued and, for the purposes of determining the nature and extent o f any such obl igat ion, the Contrac t shal l be deemed to remain in force between the part ies to the Contrac t .

126. Refund of Secur i ty Deposi t

The amount of secur i ty depos i t lodged by a Contrac tor shal l be refunded along wi th the payment o f the f inal b i l l , or af ter the expiry o f the defec t l iab i l i ty per iod which ever is later unless the Engineer is of the op inion that in order to safeguard against defec ts and pending c la ims aga ins t


81

the Contrac tor i t is necessary to retain more amount re tained as re tent ion money.


82

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.

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,


83

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, hand gloves 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 provided 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;

(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:


84

(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 in charge 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.

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.


85

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:-


86

ANNEXURE ‘C’

"करारनामा"

नवी मुंबई महानगरपा3लकेच ेवतीन े

काय$कार6 अ3भयतंा,

नवी मुंबई महानगरपा3लका.

___________________________

___________________________

___________________________

करारनामा 3लहून देणार

कारणे करारनामा 3लहून देतो कV, नवी मुंबई महानगरपा3लका Iथायी स3मती/�भाग स3मती ठराव

;मांक__________ मा.आय4ुत यांची मजंुर6 Pद. / /201 अ2वये

_______________________________________________________________

_______________________________________________________________________

___________________________ या कामाची �नवदा मंजरू झाल6 आहे.

...2...

: 2 :

Zया�माणे आ�ह6 वर6ल Pठकाणी पुढ6ल शत\वर बांधील आहोत.

1. कंMाटदाराने बँक गॅरंट6�या Iव_पात अनामत र4कम �हणून कंMाट र4कमे�या 3

ट4के बँकेत ठेवणे आवaयक आहे. उव$bरत अनामत र4कम देय Lबलातून 2 ट4के

दराने वजा करणेची आहे.


87

2. जनरल टcडर नोट6स 'शु>द6पMासह' �नवदाकारांना सुचना सव$ अट6 साधारण अट6,

_परेषा तपशील,�नवदा दIतऐवज व िIवकृती पM नं. ---------------------Pद. /

/2017 हे सव$ कराराच ेकागदपM असतील.

3. कंMाटदाराने आपले काम �नधा$र6त वेळेतच केले पाPहजे.

4. महापा3लका कंMाटदारान े �Zय� केलेkया कामाची◌े र4कम शेmयूल रेट / कोटेड

पसnटेज�माणे कंMाटदारास देईल.

5. महापा3लकेने जर कंMाटदारास कोणतीह6 सेवा Pदkयास Zयाची र4कम कंMाटदारान े

महापा3लकेस देणे गरजेच ेआहे.

6. सदर कामा�या संदभा$त एखाqया वेळेस ववाद �नमा$ण झाkयास तो ववाद ठाणे /

मुंबई 2यायालयां�या हqद6त Zयाचा �नवाडा होईल.

वर6ल सव$ �नयम व अट6 आ�ह6 काळजीपवू$क वाचkया असून Zया आ�हाला पणू$पणे मा2य व

बंधनकारक आहेत. हा करारनामा मी राजीखशुीने 3लहून Pदला आहे.

Pठकाण :- सी. बी. डी., बेलापरू, नवी मुंबई - 400 614.

Pदनांक :- / /2017.

... 3 ....

: 3 :

सा�ीदार करारनामा 3लहून देणार

1. Iवा�र6

नांव : ________________________ Iवा�र6 (कंMाटदार)

पrा : ________________________ नांव : ________________________

: ________________________ पrा : ________________________


88

: ________________________ : ________________________

2. Iवा�र6 : ________________________

नांव : ________________________ रबर6 3श4का

पrा : ________________________

: ________________________

: ________________________

मनपा Iवा�र6 :-

पदनाम :-

काय$कार6 अ3भयतंा

नवी मंुबई महानगरपा3लका

सामा2य मुsा

Iथायी स3मती�या खाल6ल दोन सदIयांसम� सामा2य मुsा उमटवtयात आल6 आहे.

नांव : ________________________ Iवा�र6 : ______________________

नांव : ________________________ Iवा�र6 : ______________________

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 Municipal Corporation incorporated under BPMC act 1949 and

having its office at Belapur Bhavan, 1st Floor, C.B.D. Belapur, Navi Mumbai-400614. (hereinafter


89

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._____________________________________

__________________________________________________________________


90

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


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SPECIAL CONDITIONS OF CONTRACT

1.0 General:

A systems approach may be adopted for the Work, and the Method Statement for carrying

out the work, detailing all the activities including indication of time-cycle, equipment,

personnel etc., shall be got approved from the Engineer before the commencement of the

work. The above shall include the type, capacity and make of the batching and mixing plant.

2.0 Batching and mixing:

Batching and mixing of the concrete shall be done at a central batching and mixing plant with

automatic controls, located at a suitable place which takes into account sufficient space for

stockpiling of cement, aggregates and stationary water tanks. This shall be, however,

situated with in a distance of 10 km in Navi Mumbai area only.

3.0 Equipment for proportioning of materials:

Proportioning of materials shall be done in the batching plant by weight, each type of material

being weighed separately. The cement from the bulk stock may be weighed separately from the

aggregates and water shall be measured by volume. Wherever properly graded aggregate of

uniform quality cannot be maintained as envisaged in the mix design, the grading of aggregates

shall be controlled by appropriate blending techniques.

Batching plant and equipment

1 General

The batching plant shall include minimum four bins, weighing hoppers, and scales for

the fine aggregate and for each size of coarse aggregate. If cement is used in bulk, a

separate scale for cement shall be included. The weighing hoppers shall be properly scaled

and vented to preclude dust operation. Approved safety devices shall be provided and

maintained for the protection of all personnel engaged in plant operation, inspection and

testing. The batch plant shall be equipped with a suitable non-resettable batch counter which

will correctly indicate the number of batches proportioned.

2 Bins and hoppers

Bins with minimum number of four adequate separate compartments shall be

provided in the batching plant.

3 Automatic weighing devices

Batching plant shall be equipped to proportion aggregates and bulk cement by

means of automatic weighing devices using load cells.


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4 Mixers

Mixers shall be pan type, reversible type or any other mixer capable of combining the

aggregates, cement, and water into a thoroughly mixed and uniform mass within the specific

mixing period, and of discharging the mixture, without segregation. Each stationary mixer

shall be equipped with an approved timing device which will automatically lock the discharge

lever when the drum has been charged and release it at the end of the mixing period. The

device shall be equipped with a bell or other suitable warning device adjusted to give a

clearly audible signal each time the lock is released. In case of failure of the timing device,

the mixer may be used for the balance of the day while it is being repaired, provided that

each batch is mixed 90 seconds or as per the manufacturer’s recommendation. The mixer

shall be equipped with a suitable non-resettable batch counter which shall correctly indicate

the number of batches mixed.

The mixers shall be cleaned at suitable intervals. The pickup and throw-over blades

in the drum or drums shall be repaired or replaced when they are worn down 20 mm or

more. The Contractor shall (1) have available at the job site a copy of the manufacturer’s

design, showing dimensions and arrangements of blades in reference to original height and

depth, or (2) provide permanent marks on blade to show points of 20 mm wear from new

conditions. Drilled holes of 5 mm diameter near each end and at midpoint of each blade are

recommended. Batching Plant shall be calibrated in the beginning and thereafter at suitable

interval not exceeding 1 month.

5 Control cabin

An air-conditioned centralized control cabin shall be provided for automatic operation

of the equipment.

4.0 Minimum Qualifying Criteria

The Minimum Qualifying Criteria for the work shall be as under:

1. Average annual financial turn over during last 3 years, ending 31st March of the previous

financial year, should be at least 100% of the estimated cost. Every Year it should be

equal to the estimated cost ( i.e. Rs.4336.60 Lakhs.).


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2. To be eligible for award of the contract, the bidder shall provide satisfactory evidence to

the Employer (Corporation) of his eligibility, capability and adequacy of resources to carry

out the work / contract effectively.

3. Bids from joint ventures are not acceptable.

4. ISO Certification (ISO 9001: - Version 2000) is preferable.

4.1. Bid Capacity:

The bidders to be eligible for award of work shall have the bidding capacity more than the

total estimated cost of the works as indicated in the bidding document. The available bid

capacity will be calculated as under:

Assessed Available Bid Capacity = (A* N*2-B), where

A = Maximum value of civil works executed during any one financial year in the last ten years

(updated to 2012-2013 price level) which will take into account the completed as well as

work in progress;

B = Value at current price level of the existing commitments in all ongoing civil works to

be completed during the next 1.5 years period of completion of works for which bids

are invited.

N = Number of years prescribed for completion of the works for which the bids are

invited.

4.1.1 The Bidding capacity of the bidder should be equal to or more than the cost of work.

5.0 Field Laboratory:

The Contractor shall provide field laboratory with the required laboratory equipment as per

clause 121 of MORT&H Specifications

6.0 Consultant appointment:

NMMC will monitor and supervise the Project. However, The contractor shall have to

appoint the design consultant of the choice of NMMC and have to get the designs prepared

by him and proof checked by VJTI./ IIT. The contractor has to pay the consultant. No extra

payment will be made for this activity.

7.0 Site Office


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The Contractor shall provide and well maintain during total project period site office as

per clause 120 of MORT&H Specifications to Client & PMC and in addition shall provide

Meeting Hall & Officer’s Cabin with AC facility as directed by Engineer-in-charge.

The following additional equipment shall be provided for Client & PMC staff.

1 Computer with Printer

Pentium IV with hard disc capacity 250.0 GB, 1 GB RAM, Maths coprocessor, One disc drivers of 1.44”, One DVD ROM drive, 17” size colour VGA monitor (Flat Screen), 1 No. Coloured A3 size LaserJet Printer and 104 key board, 3 key mouse, coloured plotter with internet facility.

2 Nos.

2 Water Cooler, with Filter

USHA (Liter 10) with Aqua guards 1000 or equivalent

1Nos.

8.0 Inspection Vehicles

The Tenderer shall provide 1 No. of Inspection Vehicle of make A.C. Swift Desire (Diesel)

with driver, to the Corporation for entire Contract period. The Tenderer shall bear the cost

of procurement, operational and maintenance charges of these vehicles limited to 4000 Km.

per month.

9.0 The contractor shall have to make all necessary arrangements for regulating traffic day and

night during the period of construction and to the entire satisfaction of the Engineer. This

includes the construction and maintenance of diversions, if necessary, at no extra cost to the

Corporation. The contractor shall provide the necessary caution boards, barricades, flags

and lights, watchmen round the clock, etc., so as to comply with the latest Motor Vehicle

Rules and Regulations and for traffic safety. The contractor shall be responsible for all

claims for the accidents which may arise due to his negligence whether in regulating traffic

or in stacking materials on the road or by any other reason.

10.0 All the underground utility services such as water pipes, gas pipes, drains, sewers, cables,

etc., which may be met up in or about any excavation, shall if the Engineer deem it

practicable, be properly maintained and protected by the contractor by means of shoring,

strutting, planking over, padding or otherwise as directed by the Engineer during the

progress of the work without claiming any extra charges. Any damage to these underground

utility services shall be immediately remedied by the contractor at his own cost, failing which

the Engineer may with or without notice adopt such measures as he may deem necessary at

the risk and cost of the contractor.


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The tenderer shall contact all the public bodies, etc., to know the underground services that

may be encountered by him during the execution of the work and account for the

consequences of the site restraints while submitting their tenders. No compensation/cost

shall be payable on account of any underground services which obstructs the work and

cause delay.

11.0 Shifting of Utility

Shifting of utility services has been included in the tender as a payable item. However,

proper care shall be taken by the contractor while shifting so that these utility services are

not damaged. Care shall also be taken while shifting that the nearby utility lines which need

not be shifted are not damaged. Any damage to these underground utility services shall be

immediately remedied by the contractor at his own cost, failing which the Engineer may with

or without notice adopt such measures as he may deem necessary at the risk and cost of

the contractor.

12.0 Documentation, Instrumentation

The following items shall be deemed to be included in the tendered cost.

a) All final drawings and Compact Discs of all approved drawings and “as built”

drawings and calculations shall be supplied by the contractor free of cost.

b) Three Video film cassettes of 180 minute duration each of the bridge covering the

different phases of construction from start to finish shall be supplied by the

Contractor free of cost.

13.0 Designs and Drawings

Successful bidder shall be fully responsible for getting all the necessary designs

(Survey, Pavement, Structural and Hydraulic) and all working drawings for roads,

SWD, Box culverts etc. and proof checking of the pavement design from IIT Bombay

at no extra cost to the Corporation. The Contractor shall be fully responsible for

submission of as built drawings after completion of the work with no extra cost. Also,

shall appoint the design consultant from approved list of NMMC with mutual terms

and conditions. No separate payment shall be made on this account by the NMMC.

14.0 Appointment of Survey Agency

Contractor has to appoint survey agency and demarcate the right of way as per

CIDCO plan, for that contractors has to laicize with CIDCO for requirement of detail survey.

No extra payment will be made for this activity.


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15.0 Removal of encroachment

For the removal of encroachment in right of way contractor have to support NMMC

by providing necessary manpower, equipment and dumpers. No extra payment will

be made for this activity.

16.0 CRZ/Forest Clearance

Contractor has to prepare necessary drawing required by CRZ/Forest clearance. The

necessary application for CRZ/Forest clearance shall be made by NMMC. No extra

payment will be made for this activity.

17.0 Maintenance of existing road

Contractor shall maintain existing road by providing asphalting materials/ paver

blocks for filling the potholes during entire contract period. Contractor has to maintain

the exiting road.

No extra payment will be made for this activity.

ADDITIONAL SPECIFICATIONS

The specifications generally confirm to MORT & H specifications for Road and Bridge works

5th Revision 2013.

1. 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

Max 40%

Aggregate Impact Value3

Max 30%

Durability Soundness4

Sodium Sulphate

Max 12%

Magnesium Sulphate Max 18%

Water Absorption Water absorption5 Ma 2%


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Stripping Coating and stripping of

Bitumen

Minimum retained coating

Aggregate Mixtures6

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 (The elongation test to be done only on non-flaky aggregates in the sample) 3. IS: 2386 Part 4* 6. IS: 6241 4. 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 3.3 – 3.5

mixture1

Bitumen grade 35 to 90

Notes: 1 appropriate bitumen contents for condition in cooler areas of India maybe up to

0.5% higher subject to the approval of the Engineer.

Sl. No.

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 One test per 50m3 of Aggregate


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Elongation Index

(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)

(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.

2. MIXTURE DESIGN:-

2.1 Requirement for the mixture:-

Apart from conformity with the grading and quality requirements for

individual ingredients, the mixture shall meet the requirements set out in

Table 500-11.

TABLE 500-11

REQUIREMENTS FOR DENSE GRADED BITUMINOUS MACADAM


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Minimum stability (kN at 600C) 9.0

Minimum flow (mm) 2

Maximum flow (mm) 4

Compaction level (Number of blows) 75 blows on each of the two

faces of the specimen

Percent air voids 3-6

Percent voids in mineral aggregate See Table 500-12 below

(VMA)

Percent voids filled with bitumen (VFB) 65-75

The requirements for minimum percent voids in mineral aggregate (VMA) are

set out in Table 500-12.

00-12

MINIMUM PERCENT VOIDS IN MINERAL AGGREGATE (VMA)

Nominal Maximum Minimum VM Percent

Particle Size1

Related to

(mm)

Design Air Voids, Percent2

3.0 4.0 5.0

9.5 14.0 15.0 16.0

12.5 13.0 14.0 15.0

19.0 12.0 13.0 14.0

25.0 11.0 12.0 13.0

37.5 10.0 11.0 12.0

Notes : 1. The nominal maximum particle size is one size larger than the first sieve to

retain more than 10 percent.

2. Interpolate minimum voids in the mineral aggregate (VMA) for design air

voids values between those listed.

2.2 Binder content:

The binder content shall be optimised to achieve the requirements of the

mixture set out in Table 500-11 and the traffic volume specified in the

Contract. The Marshall method for determining the optimum binder content

shall be adopted as described in The Asphalt Institute Manual MS-2,

replacing the aggregates retained on the 26.5 mm sieve by the aggregates

passing the 26.5 mm sieve and retained on the 22.4 mm sieve, where

approved by the Engineer.


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Where bituminous macadam mixture is specified, the modified Marshall

method described in MS-2 shall be used. This method requires modified

equipment and procedures, particularly the minimum stability values in

Table 500-11 shall be multiplied by 2.25 and the minimum flow shall be

3mm.

2.3 Job mix formula:

The Contractor shall inform the Engineer in writing, at least 20 days before the

start of the work, of the job mix formula proposed for use in the works, and

shall give the following details;

i) Source and location of all materials;

ii) Proportions of all materials expressed as follows where each

is applicable.

a) Binder type, and percentage by weight of total mixture

b) Coarse aggregate/Fine aggregate/Mineral filler as percentage

by weight of total aggregate including mineral filler;

iii) A single definite percentage passing each sieve for the mixed

aggregate;

iv) The individual grading of the individual aggregate fractions, and the

proportion of each in the combined grading.

v) The results of tests enumerated in Table 500-11 as obtained by the

Contractor.

vi) Where the mixer is a batch mixer, the individual weights of each type of

aggregate and binder per batch.

vii) Test results of physical characteristics of aggregates to be used.

viii) Mixing temperature and compacting temperature.

While establishing the job mix formula, the Contractor shall ensure that it is

based on a correct and truly representative sample of the materials that will


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actually be used in the work and that the mixture and its different ingredients

satisfy the physical and strength requirements of these Specifications.

Approval of the job mix formula shall be based on independent testing by the

Engineer for which samples of all ingredients of the mix shall be furnished by

the Contractor as required by the Engineer.

The approval job mix, formula shall remain effective unless and until a revised

Job Mix Formula is approved. Should a change in the source of materials be

proposed, a new job mix formula shall be forwarded to the Engineer for

approval before the placing of the material.

2.4 Plant trials - Permissible variation in job mix formula :

Once the laboratory job mix formula is approved the Contractor shall carry out

plant trials at the mixer to establish that the plant can be set up to produce a

uniform mix conforming to the approved job mix formula. The permissible

variations of the individual percentages of the various ingredients in the actual

mix from the job mix formula to be used shall be within the limits as specified

in Table 500-13. These variations are intended to apply to individual

specimens taken for quality control tests in accordance with Section 900.

TABLE 500-13

PERMISSIBLE VARIATIONS FROM THE JOB MIX FORMULA

Permissible variations

Description Base/binde Wearing

r course course

Aggregate passing 19mm sieve or large + 8% + 7%

Aggregate passing 13.2mm, 9.5mm + 7% + 6%

Aggregate passing 4.75mm + 6% + 5%

Aggregate passing 2.36mm, 1.18mm, + 5% + 4%

0.6mm

Aggregate passing 0.3mm, 0.15mm + 4% + 3%

Aggregate passing 0.075mm + 2% + 1.5%

Binder content + 0.3% + 0.3%

Mixing temperature + 10oC + 10

oC

Once the plant trials have demonstrated the capability of the plant, and the

trials are approved, the laying operation may commence. Over the period of


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the first month of production for laying on the works, the Engineer shall

require additional testing of the product to establish the reliability and

consistency of the plant.

2.5 Laying Trials:

Once the plant trials have been successfully completed and approved, the

Contractor shall carry out laying trials, to demonstrate that the proposed

mix can be successfully laid, and compacted all in accordance with Clause

501. The laying trial shall be carried out on a suitable area which is not to

form part of the works, unless specifically approved in writing, by the

Engineer. The area of the laying trials shall be a minimum of 100 sqm. of

construction similar to that of the project road, and it shall be in all respects,

particularly compaction, the same as the project construction, on which the

bituminous material is to be laid.

The Contractor shall previously inform the Engineer of the proposed

method for laying and compacting the material. The plant trials shall then

establish if the proposed laying plant, compaction plant, and methodology

is capable of producing satisfactory results. The density of the finished

paving layer shall be determined by taking cores, no sooner than 24 hours

after laying, or by other approved method.

Once the laying trials have been approved, the same plant and

methodology shall be applied to the laying of the material on the project,

and no variation of either shall be acceptable, unless approved in writing by

the Engineer, who may at his discretion require further laying trials.

2.6 CONSTRUCTION OPERATIONS

2.7 Weather and seasonal limitations:

Laying shall be suspended while free-standing water is present on the

surface to be covered or during rain, fog and dust stones. After rain, the

bituminous surface, prime or tack coat, shall be blown off with a high

pressure air jet to remove excess moisture or the surface left to dry before

laying shall start. Laying of bituminous mixtures shall not be carried out


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when the air temperature at the surface on which it is to be laid is below

10oC or when the wind speed at any temperature exceeds 40 km/h at 2m

height unless specifically approved by the Engineer.

2.8 Preparation of base :

The base on which Graded Bituminous Material is to be laid shall be prepared

in accordance with Clauses 501 and 902 as appropriate or as directed by the

Engineer. The surface shall be thoroughly swept clean by a mechanical

broom, and the dust removed by compressed air. In locations where

mechanical broom cannot access, other approved methods shall be used as

directed by the Engineer.

2.9 Geosynthetics:

Where Geosynthetics are specified in the Contract this shall be in accordance

with the requirements stated in Clause 703 of MORT&H specifications.

2.10 Stress absorbing layer:

Where a stress absorbing layer is specified in the Contract, this shall be

applied in accordance with the requirements of Clause 522 of MORT&H

specifications.

2.11 Prime Coat:

Where the material on which the bituminous macadam is to be laid is other

than a bitumen bound layer, a prime coat shall be applied, as specified, in

accordance with the provisions of Schedule “A”, or as directed by the

Engineer.

2.12 Tack coat :

Where the material on which the bituminous macadam is to be placed is a

bitumen bound surface, a tack coat shall be applied as specified, in

accordance with the provisions of Clause 503 of MORT & H specifications, or

as directed by the Engineer.


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2.13 Mixing and transportation of the mixture :

The provisions as specified in Clauses 501.3 and 501.4 of MORT & H

specifications shall apply.

2.14 Spreading :

The provisions of Clauses 501.5.3 and 501.5.4 of MORT & H

specificationsshall apply.

2.15 Rolling:

The general provisions of Clauses 501.6 and 501.7 of MORT & H

specifications shall apply, as modified by the approved laying trials. The

compaction process shall be carried out by the same plant and using the

same method, as approved in the laying trials, which may be varied only

with the express approval of the Engineer in writing.

3. OPENING TO TRAFFIC:

The newly laid surface shall not be open to traffic for at least 24 hours after

laying and completion of compaction, without the express approval of the

Engineer in writing.

3.1 SURFACE FINISH AND QUALITY CONTROL OF WORK:

The surface finish of the completed construction shall conform to the

requirements of Clause 902 of MORT & H Specifications. All materials and

workmanship shall comply with the provisions set out in Section 900 of this

specifications.

3.2 ARRANGEMENTS FOR TRAFFIC :

During the period of construction, arrangements for traffic shall be made as

directed by Engineer-in-Charge.

3.3 MEASUREMENT FOR PAYMENT :

Graded Bituminous Materials shall be measured as finished work in cubic

metres at a specified thickness as detailed on the Contract drawings, or

documents, or as directed by the Engineer.


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3.4 RATE:

The contract unit rate for Graded Bituminous Macadam shall be payment in full for carrying out the all required operations as specified, and shall include, but not necessarily limited to all components listed in Clause 501.8.8.2(i) to (xi) of MORT & H specifications. 4. 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 Strength Flakiness and Elongation Index

Max 30% (Combined)2

* Los Angeles Abrasion Value3

Max 30%

Aggregate Impact Value

Max 24%

Polishing

Polished Stone Value5

Min 55

Durability

Soundness6

Sodium Sulphate

Max 12%

Magnesium Sulphate

Max 18%

Water Absorption Water Absorption7 Max 2%

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 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 Parts 114

* Aggregates may satisfy requirements of either of these two tests.


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** 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 5.0-7.0 Mass of total mix2 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.

1. Determined by the Marshall method.

The mix design shall satisfy the following requirements.

Minimum stability (kN at 60°C) - 9.0

Minimum flow (mm) - 2

Maximum flow (mm) - 4

Compaction level (Number of blows) - 75 blows on each of the two faces of the specimen.

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 - Min. 75 per cent

(ASTM D 1075)

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


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(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,

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.

(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.

5. Bituminous Bound Macadam

1) General

The work consists of supply of materials and labour 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


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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.

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 bituminized.

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

Rate of application 100 sq. m.

Description 75 mm 50 mm

On asphalt On W. B. M. On asphalt On W. B. M.

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. 200 Kg. 175 Kg. 175 Kg.

d) Tack coat for existing bituminous surface

50 Kg. 50 Kg.

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


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diversion watered to prevent dust from blowing over the surface to be bituminized.

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.

6) Spreading and Compaction

6.1 Spreading of 40 mm metal

40 m size metal shall be spread evenly at the specified rate of 9 cubic metre/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.

6.2 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 centre longitudinally except on super elevated portion

where it shall progress from the lower to upper edge parallel to the centre 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.

7) 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 divided into

suitable rectangles marked by chalk so as to ensure correct rate of application of the

bitumen.

8) 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.

9) Final compaction


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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 blind age 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.

10) Surface finish and quality control

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:

Sr. No.Test Test Frequency

1Quality 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.

7 Temperature of binder at application.-At regular close intervals.

8 Rate of spread of binder.- One test per 500 square metre of area.

11) 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.

12) 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 centre line.

The measurement of dimensions shall be recorded correct up to two places of decimals


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of meter and the area worked out correct up to one place of decimal of a Sq. ml.

Extract from Specifications for Road and Bridge Works by M.O.R.T. & H.

Specifications for Design of Pavements.

It is mandatory for the successful bidder to use the latest software BENTLEY® MXROAD®

V8XM EDITION to ensure quality, safety and economy in designs. The bidder is required to

design the following parameters using BENTLEY® MXROAD® V8 XM EDITION: -

1) Pavement Design.

2) Sub-grade Design.

3) Junction Design.

4) Super-Elevation Design.

All the design and drawings shall be prepared using BENTLEY® MXROAD® V8 XM

EDITION. The same shall initially be forwarded to the Project Management Consultants.

The Project Management Consultants shall suggest additional comments if any and the

revised designs shall be forwarded for IIT / VJTI for approval.

Mode of Payment

The modes of measurement given in this clause shall supersede all other modes of

payment (if any) mentioned in the tender document.

A) Earthwork in Sub-base for Pavements: -

The quantities of earthwork for pavement shall be calculated by using the latest version of

software BENTLEY POWER CIVIL V8i EDITION. The initial and final levels shall be given

as input to the software and the quantities of the earthwork shall be calculated accordingly.

This shall also supersedes the mode of measurement mentioned elsewhere.

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.

902.2 Horizontal alignment

Horizontal alignment shall be reckoned with respect to the centre 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


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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 than 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 centre 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 centre line of the road. The maximum permitted number of surface

irregularities shall be as per table below:

Maximum permitted number of surface irregularities.

Irregularity Surface of carriageways and paved shoulders

Surfaces of lay bys, 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

straightedge when placed parallel with, or at right angles to the centre line of the road at

points decided by the Engineer shall be:


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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.

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