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NAVI MUMBAI MUNICIPAL CORPORATION Plot No.1& 2, Sect.15A, C.B.D., Belapur, Navi Mumbai.
RE-TENDER CITY ENGINEER DEPARTMENT
NMMC/CITY ENGINEER/451(7)/2017-18
Tender For The Work Of
CONSTRUCTION OF SERVICE ROAD FROM GODFREY PHILLIPS
TO RABALE SKYWALK AT THANE BELAPUR ROAD.
Sr.
No.
NMMC Stage Vendor Stage Start Date
and time
Expiry Date &
Time
1. Release of Tender -
21/02/2018
10.00 a.m.
01/03/2018
13.00 p.m.
2. -
Tender Download
21/02/2018
10.00 a.m.
01/03/2018
13.00 p.m.
3. -
Bid Preparation
21/02/2018
10.00 a.m.
01/03/2018
15.00 p.m.
4. Super-hash Generation
& Bid Lock -
01/03/2018
16.00 p.m.
01/03/2018
17.00 p.m.
5. -
Control Transfer
of Bid
01/03/2018
17.01 p.m.
06/03/2018
16.00 p.m.
6. Envelope 1 opening -
06/03/2018
(If possible)
7.
Envelope 2 Opening -
06/03/2018
(If possible)
8. Tender Price Rs.5,000/- (Non-Refundable)
Navi Mumbai Municipal Corporation
Plot No.1& 2, Sect.15A, C.B.D., Belapur, Navi Mumbai,.
Issued to…………………
Schedule ‘A’
NMMC invites Tenders in B-1 form through E-Tendering system from Contractors Registered in
appropriate class, by Public Works Department or CIDCO Ltd/ Maharashtra Jeevan
Pradhikaran/Maharashtra Industrial Development Corporation from Class III and above category
with adequate experience of Similar Works Blank Tender forms will be available from 21/02/2018
up to 01/03/2018 13:00 hrs. on E-Tendering website www.nmmc.maharashatra.etenders.in. To
download the blank tenders, the bidders shall pay tender cost paid through online payment gateway
by using Credit Card/Debit card of any bank or by Net banking in favour of NMMC. The Tender
should be submitted through E-Tendering system only on the web site
www.nmmc.maharashatra.etenders.in. Before 06/03/2018 upto 15.00 hrs.
1. Name Of work CONSTRUCTION OF SERVICE ROAD FROM GODFREY PHILLIPS TO RABALE SKYWALK
AT THANE BELAPUR ROAD.
2. Estimated Cost Of Work Rs. 1,55,37,813/-
3. Engineers For This Work Executive Engineer (Ghansoli/TBR)
Concerned Deputy Engineer (Gh.)
4. Period Of Sale Of Tender
Documents. From 21/02/2018 to 01/03/2018 downloaded from official web
site (www.nmmc.maharashtra.etenders.in) of the Corporation.
5. Cost Of Each Tender Form Rs.5,000/- through online payment gateway by Debit/Credit
Card of any Bank or by Net Banking in favour of Navi Mumbai
Municipal Corporation.
6. Earnest Money Rs. 1,16,600/- through online payment gateway by Debit/Credit
Card of any Bank or by Net Banking in favour of Navi Mumbai
Municipal Corporation
Fixed EMD is not Considered for any Tender.
7. Pre-Bid Meeting Will Be Held On - Nil At C.B.D. ,Navi Mumbai
In The Conference Hall 2nd
Floor.
8. Last Date Of Receipt Of Tender Up To 06/03 /2018 15.00 Hours
9. Probable Date And Time Of Opening - Date 06/03 /2018 At 16.00 Hour Of Tender.
(If Possible)
10. Eligibility
Registration Class III With PDW Or Is Equivalent Class With CIDCO And
Upto ( Rs.3 Cr.)
Turn Over I) Average Annual Financial Turnover During The Last 3 Years,
ending 31st March Of The Previous Financial Year, should Be At
Least 100% Of The Estimated Cost. Every Year it should be equal
to the estimated cost. (i.e. Rs. 1,55 ,37 ,813 /-)
The net worth should be positive.
For award of the work the bidder should have:-
Experience 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) One Similar Completed Works Costing Not Less Than The
Amount Equal To 100% Of The Estimated Cost.
(i.e.Rs. 1 ,55 ,37 ,813 /-)
Or
B) Two Similar Completed Works Costing Not Less Than The
Amount Equal To 50% Of The Estimated Cost.
(i.e.Rs. 77 ,68 ,907 /-)
Or
C) Three Similar Completed Works Costing Not Less Than The
Amount Equal To 40% Of The Estimated Cost.
(i.e.Rs. 62 ,15 ,125 /-)
Qualified Personnel
1 Graduate Senior Engineer with min. 10 years experience (Should have executed at least one major road work / integrated work with gutter and footpath.)
- 1 no.
2 Engineers with Degree/Diploma in Civil Engineering with 5 years experience
- 1 no.
Equipment Required :
1) Asphalt Plant - 4 bin computerized asphalt Drum Mix plant, D.M.50 within Navi Mumbai.
1 No.
2) Sensor Paver 1 No. 3) Mechanical sprayer 1 No. 4) Hydraulic Excavators with rock breaker
attachment 1 No.
5) JCB 1 No. 6) Dumper 2 Nos 7) Vibrators
a) Needle Vibrators (60 mm) b) Needle Vibrator (40 mm)
1 Nos. 1 Nos.
8) Vibratory Rollers 1 No. Ownership of above equipments including Asphalt plant
and machineries must be produced. If not owned, proof of
leasing or hiring of the said equipments must be produced
along with ownership documents of the contractor / party
from whom the equipments will be leased or hired.
Certification: The Company having ISO 9001(Version 2000) Certificate, will be Preferred.
Joint Venture Is Not Allowed.
No Relationship with see Clause No.12 of Detailed Tender notice Corporators
11. Validity Period – The Offer Of The Contractor Shall Remain Valid For 120 Days
From The Date Of Opening Of Tender.
12. Initial Security Deposit Rs. 4,66,134/- (3.00%)
AND
Further Security Deposit, Rs. 3,10,756/- (2.00%)
To Be Deducted From Bills.
13. Completion Period 12 Months (Including Monsoon)
1. Contract As A Whole Period Of Completion 12 Months
(Including Monsoon)
2. Part Or Groups Of Items
(I) As A Whole Work (I) 12 Months (Including Monsoon)
(Ii) As Per Approved Bar Chart
14. Percentage To Be Charges As Supervision
Charges For The Work Got Executed Through
Other Means. 24.50 Percent.
15. Defects Liability Period 3 year
16. Others :- 1) Special Conditions of Contract
2) Price Variation Clause Not Applicable
3) Additional Specification
17. The agency will have to furnish an additional 1 % Security Deposit quoted by it below 10% and
in case the agency quotes 14% below the cost put to tender, it will have to furnish an additional
security deposit of (14%) –(10%) = 4% i.e. (1%) + (4% ) = 5% with the Technical Document
in the form of Bank Guarantee of any Govt. Bank or Schedule Bank having MICR and IFSC
Code in the name of concern authority. The validity of Bank Guarantee should be upto defect
liability period of works from the date of issue (For detail Please refer the GR No ���� ���� . �� ��-2017/�..8/���-2, ��.12/04/2017)
For online Tender, The Agency Should upload the Scan Copy of Bank guarantee with
Technical Document
18. As per the construction labour welfare Cess Act 1996, a cess of 1% of contract value towards the
welfare of construction labour will be deducted from the bills.
19. Tenderer/ Bidder Should submit Affidavit and Undertaking in Requisite format on Rs100/-
Stamp Paper and All Scheduled in prescribed format.
20. As Per Government of Maharashtra Circular, GST has been come into account from 1st
July, 2017 So Henceforth while quoting tender, Tenderer has to consider the GST factor
(GR No ���� ���� �- �����-2017/ �.�.81/�����/ ��.19/08/2017 ��� ��.11/09/2017)
Nav
i M
um
bai
Munic
ipal
Co
rpo
rati
on
.
Nam
e O
f W
ork
: - CONSTRUCTION OF SERVICE ROAD FROM GODFREY PHILLIPS TO RABALE SKYWALK AT THANE BELAPUR ROAD.
Ten
der
No
tice
No
.451
(7)
/2017
-18
SC
HE
DU
LE
‘B
’
Quantity
Description of Item
Specification
Rate in Rs.
Unit
Amount in Rs.
1.
2.
3.
4.
5.
6.
30.0
0
Item No.1:- C
utt
ing D
ow
n t
rees
Wit
h g
irth
s of
……
……
.. c
m i
ncl
udin
g t
ruck
and b
ran
ches
and s
tack
ing
the
mat
eria
ls n
eatl
y w
ithin
a l
ead o
f 50m
. as
dir
ecte
d e
tc. co
mple
te.
wit
h g
irth
s ab
ove
60cm
to 9
0cm
.
Spec. N
o.: R
D-1
P
age N
o. 349/2
012
586.9
5
Num
ber
s 17608.5
0
30.0
0
Item No.2:-
Cutt
ing D
ow
n t
rees
Wit
h g
irth
s of
……
……
.. c
m i
ncl
udin
g t
ruck
and b
ranch
es a
nd s
tack
ing
the
mat
eria
ls n
eatl
y w
ithin
a l
ead o
f 50m
. as
dir
ecte
d e
tc. co
mple
te.
wit
h g
irth
s ab
ove
90cm
to 1
80cm
.
Spec. N
o.: R
D-1
P
age N
o. 349/2
012
751.8
0
Num
ber
s 22554.0
0
20.0
0
Item No.3:-
Tra
nsp
lanta
tion o
f tr
ees
above
90cm
....
etc.
S
pec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
4500.0
0
Num
ber
s 90000.0
0
3619.0
0
Item No.4:-
Ex
cavat
ion f
or
road
ways
by...... s
uch
as
...... i
ncl
udin
g d
ress
ing s
ecti
on t
o t
he
requir
ed
cam
ber
an
d s
ide
slopes
and c
onveyin
g t
he
exca
vat
ed m
ater
ials
wit
h a
ll l
ifts
upto
a l
ead o
f 50 m
and
spre
adin
g f
or
emban
km
ent,
dis
posi
ng a
s dir
ecte
d e
tc. co
mple
te.
By M
echan
ical
mea
ns
i) e
arth
soil
of
all
sort
s sa
nd, gra
vel
or
soft
muru
m.
Spec. N
o.: R
d. 2
Page N
o. 351/2
012
63.0
0
Cu M
eter
227997.0
0
361.9
0
Item No.5:-
Ex
cavat
ion f
or
road
way B
y m
echan
ical
mea
ns
Such
in e
arth
soil
of
as H
ard M
uru
m a
nd
Bould
ers
incl
udin
g d
ress
ing s
ecti
on t
o t
he
requir
ed g
rade
,cam
ber
and s
ide
slope
and c
onveyin
g t
he
exca
vat
ed m
ater
ials
w
ith al
l li
fts
upto
a
lead
of
50m
.and sp
read
ing fo
r em
ban
km
ent
or
stac
kin
g,
dis
posi
ng a
s dir
ecte
d.S
pec
.no.R
d.2
Pg n
o.1
80.
Spec. N
o.: R
d. 2
Page N
o. 351/2
012
75.6
0
Cu M
eter
27359.6
4
392.0
0
Item No.6:-
Ex
cavat
ion f
or
road
ways
in h
ard r
ock
......i
ncl
udin
g d
ress
ing s
ecti
on t
o t
he
requir
ed c
amber
and s
ide
slopes
and c
onvey
ing t
he
exca
vat
ed m
ater
ials
wit
h a
ll l
ifts
upto
a l
ead o
f 50 m
and s
pre
adin
g
for
emban
km
ent
or
stac
kin
g d
isposi
ng a
s dir
ecte
d.
b)
by w
eldin
g c
his
elin
g o
r li
ne
dri
llin
g.
Spec.N
o.: R
d. 6
Page N
o. 356/2
012
840.0
0
Cu M
eter
329280.0
0
4372.9
0
Item No.7:-
Dis
posa
l of
exca
vat
ed m
ater
ial
5.0
m e
tc. co
mple
te.
S
pec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
235.6
4
Cu M
eter
1030430.1
5
1540.0
0
Item No.8:-
Pro
vid
ing e
arth
work
in e
mban
km
ent
wit
h a
ppro
ves
mat
eria
ls o
bta
ined
fro
m d
epar
tmen
tal
land o
r oth
er s
ourc
es s
pec
ifie
d b
y E
ngin
eer-
in-c
har
ge,
upto
lea
d o
f 50 m
. in
cludin
g a
ll l
ifts
, la
yin
g i
n
layer
s of
20 t
o 3
0 c
m t
hic
knes
s, b
reak
ing c
lods,
dre
ssin
g t
o t
he
requir
ed l
ines
, cu
rves
, gra
de
& s
ecti
on,
wat
erin
g a
nd c
om
pac
tin
g b
y V
ibra
tory
roll
er t
o 9
5%
of
stan
dar
d p
roct
or
den
sity
etc
. co
mple
te.
Spec. N
o.: R
d.1
2
Page N
o. 361/2
012
145.9
5
Cu M
eter
224763.0
0
980.0
0
Item No.9:-
Wat
erin
g a
nd c
om
pac
tion o
f ea
rthw
ork
....et
c.
Spec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
95.5
5
Cu M
eter
93639.0
0
450.8
0
Item No.10:-
Const
ruct
ion o
f gra
nula
r su
b b
ased
by p
rovid
ing c
lose
gra
ded
mat
eria
l et
c.
Spec. N
o.:
MO
RT
&H
-401
1239.0
0
Cu M
eter
558541.2
0
490.0
0
Item No.11:-
Pro
vid
ing,
layin
g,
spre
adin
g a
nd c
om
pac
ting s
tone
aggre
gat
es o
f sp
ecif
ic s
izes
to w
ater
bound m
acad
am f
or.
.....
spec
ific
atio
n i
ncl
udin
g s
pre
adin
g i
n u
nif
orm
thic
knes
s, h
and p
ackin
g r
oll
ing
wit
h 3
whee
led s
teel
/vib
rato
ry r
oll
er 8
-10 t
ones
in s
tages
to p
roper
gra
de
and c
amber
, ap
ply
ing a
nd
bro
om
ing r
equis
ite
type
of
scre
enin
g/
bin
din
g M
ater
ials
to f
ill
up t
he
inte
rsti
ces
of
coar
se a
ggre
gat
e,
wat
erin
g a
nd c
om
pac
ting t
o t
he
requir
ed d
ensi
ty t
o p
rote
ct e
dges
, li
ghti
ng,
guar
din
g,
bar
rica
din
g a
nd
mai
nte
nan
ce
of
div
ersi
on
etc.
co
mple
te.
.....
As
per
te
chnic
al
spec
ific
atio
n
Cl.
N
o.
405A
ii
B
y
Mec
han
ical
mea
ns.
specific
ation C
l.
No. 405A
1328.2
5
Cu M
eter
650842.5
0
147.0
0
Item No.12:-
P
rovid
ing
and
layin
g
bit
um
inous
tack
co
at
...
Kg/1
00
sqm
tr
over
..........
su
rfac
e b
y
man
ual
/mec
han
ical
spra
yer
in
cludin
g s
upply
ing a
ll m
ater
ials
, pre
par
ing t
he
exis
ting s
urf
ace,
hea
ting
bit
um
en a
nd a
pply
ing t
ack c
oat
even
ly o
n t
he
surf
ace
etc.
com
ple
te.
(Usi
ng 6
0/7
0 g
rade)
75 K
g/1
00
sqm
tr o
ver
W.B
.M. su
rfac
e.
Spec. N
o.: M
OS
T
Cla
use C
503 /
2001
54.6
0
Sq M
eter
8026.2
0
147.0
0
Item No.13:-
Pro
vid
ing a
nd l
ayin
g b
itum
inous
mac
adam
in 5
0/7
5m
m c
om
pac
ted t
hic
kn
ess
on p
rep
ared
surf
ace
wit
h s
pec
ifie
d g
raded
cru
shed
sto
ne
aggre
gat
es a
s p
er t
able
500
-4,
Gra
din
g-I
I fo
r b
ase/
bin
din
g
cours
e, l
oad
ing o
f ag
gre
gat
e w
ith F
.E.
load
er,
hea
ting a
nd m
ixin
g o
f st
one
aggre
gat
e an
d b
itum
en i
n
com
pute
rize
d h
ot
mix
pla
nt,
tra
nsp
ort
ed t
o s
ite
by t
ipper
s to
pav
er,
laid
over
a p
revio
usl
y r
epai
red
surf
ace
wit
h p
aver
fin
isher
to t
he
requir
ed g
rad
e, l
evel
and a
lignm
ent
and r
oll
ing w
ith p
ow
er r
oll
er a
nd
vib
rato
ry c
om
pac
tor
as p
er c
lause
s 501.6
and 5
01
.7 t
o a
chie
ve
the
des
ired
com
pac
tion c
om
ple
te a
s per
clau
se 5
04 o
f M
oR
T&
H s
pec
ific
atio
n a
nd i
ncl
ud
ing a
ll m
ater
ial,
lab
our,
mac
hin
ery,
lighti
ng,
guar
ing
and m
ainte
nan
ce o
f div
ersi
on b
ut
excl
udin
g c
ost
of
pri
mer
/tac
k c
oat
. W
ith B
itum
en V
G-g
rad
e 3
0@
3.4
% (
per
centa
ge
by w
eight
of
tota
l m
ix)
wit
h S
CA
DA
wit
h f
ull
y a
uto
mat
ic m
icro
pro
cess
or
bas
ed
PL
C a
ttac
hm
ent.
Specific
ation
504 of MoRT&H
5714.1
0
Cu M
eter
839972.7
0
5880.0
0
Item No.14:-
P
rovid
ing
and
layin
g
bit
um
inous
tack
co
at
50kg/1
00
sqm
tr
over
B
.T.
Surf
ace
by
man
ual
/mec
han
ical
spra
yer
in
cludin
g s
upply
ing a
ll m
ater
ials
, pre
par
ing t
he
exis
ting s
urf
ace,
hea
ting
bit
um
en a
nd a
pply
ing t
ack c
oat
even
ly o
n t
he
surf
ace
etc.
com
ple
te.
Spec. N
o.: M
OS
T
Cla
use C
503 /
2001
38.8
5
Sq M
eter
228438.0
0
147.0
0
Item No.15:-
P
rovid
ing an
d la
yin
g 50-7
5 m
m co
mpac
ted th
ick des
ign m
ix (a
ppro
ved
b
y E
ngin
eer)
Den
se B
itum
inous
Mac
adam
on p
repar
ed s
urf
ace
wit
h s
pec
ifie
d g
raded
cru
shed
aggre
gat
es a
s per
Tab
le
500-
9,
500-1
0 w
ith b
itum
en b
inder
set
(in
cludin
g c
ost
of
anti
-str
ippin
g c
om
pound w
her
ever
req
uir
ed)
for
bas
e/ b
inder
cours
e in
cludin
g l
oad
ing o
f m
ater
ial
wit
h F
.E.
load
er,
hea
ting a
nd m
ixin
g o
f st
one
aggre
gat
e, f
ille
r an
d b
itu
men
in c
om
pute
rize
d h
ot
mix
pla
nt,
tra
nsp
ort
ing t
he
mix
ed m
ater
ial
by t
ipper
s
to p
aver
and l
ayin
g w
ith p
aver
fin
isher
fit
ted w
ith
ele
ctro
nic
sen
sor
contr
ol
as p
er c
lause
504.3
.5 t
o t
he
requir
ed
lev
el
and
gra
de,
co
mpac
tin
g
by
pow
er
roll
ers
and
vib
rato
ry
roll
ers
or
150
to
250
KN
pneu
mat
ic t
yre
d r
oll
er w
ith T
P 0
.7 M
pa
to a
chie
ve
the
des
ired
den
sity
(ap
pro
xim
atel
y 2
.3 t
onne/
cum
)
com
ple
te a
s per
cla
use
505 o
f M
oR
T&
H s
pec
ific
atio
n b
ut
excl
udin
g p
rim
er/t
ack c
oat
, in
cludin
g a
ll
mat
eria
l, l
abour,
mac
hin
ery,
lighti
ng,
gu
ardin
g a
nd m
ainte
nan
ce o
f div
ersi
on.
Gra
de-
II w
ith B
itum
en
VG
gra
de
30 @
4.5
0 %
, li
me
fill
er @
2%
(per
cent
by w
eight
of
tota
l m
ix)
Wit
h S
CA
DA
wit
h f
ull
y
auto
mat
ic m
icro
pro
cess
or
bas
ed P
LC
att
achm
ent.
specific
ation
505 of MoRT&H
7662.9
0
Cu M
eter
1126446.3
0
78.4
0
Item No.16:-
Pro
vid
ing a
nd l
ayin
g 3
0-4
5 m
m c
om
pac
ted t
hic
knes
s B
itum
inous
Concr
ete
as p
er d
esig
n
mix
(ap
pro
ved
by E
ngin
eer)
on p
repar
ed s
urf
ace
wit
h s
pec
ifie
d g
rade
sto
ne
aggre
gat
e as
per
Tab
le -
500-1
8 w
ith b
itum
en f
or
wea
rin
g c
ours
e in
cludin
g l
oad
ing o
f ag
gre
gat
e w
ith F
.E.
load
er a
nd h
ot
mix
ing
of
stone
aggre
gat
e an
d bit
um
en (i
ncl
udin
g co
st of
anti
-str
ippin
g co
mpound w
her
ever
re
quir
ed)
in
com
pute
rize
d h
ot
mix
pla
nt,
tra
nsp
ort
ing t
he
mix
ed m
ater
ial
by t
ipper
s to
pav
er a
nd l
ayin
g w
ith p
aver
finis
her
fit
ted (
as p
er c
lause
504-3
.5)
to t
he
requir
ed l
evel
and g
rade
and c
om
pac
tin
g b
y p
ow
er r
oll
ers
and v
ibra
tory
roll
ers
or
150 t
o 2
50 K
N p
neu
mat
ic t
yre
d r
oll
er w
ith T
P =
0.7
Mpa,
to a
chie
ve
the
des
ired
den
sity
com
ple
te a
s per
cla
use
509 o
f M
oR
T&
H s
pec
ific
atio
n i
ncl
udin
g a
ll m
ater
ial,
lab
our,
mac
hin
ery,
lighti
ng,
guar
din
g a
nd m
ainte
nan
ce o
f div
ersi
on b
ut
excl
udin
g p
rim
er/t
ack c
oat
Gra
de-
II w
ith B
itu
men
VG
-gra
de
30 @
5.4
0 %
(per
cent
by w
eight
of
tota
l m
ix).
Spec. N
o.
MO
RT
&H
Cla
use
509
8896.6
5
Cu M
eter
697497.3
6
168.0
0
Item No.17:-
Pro
vid
ing d
ry/ tr
ap/ gra
nite/ quart
zite/ gneiss rubble stone soiling 1
5 c
m to 2
0 c
m thic
k
inclu
din
g h
and p
ackin
g a
nd c
om
pacting c
om
ple
te.
Spec. N
o.: B
d.A
. 12
Page N
o. 19
997.5
0
Cu M
eter
167580.0
0
112.0
0
Item No.18:-
Pro
vid
ing a
nd c
asti
ng i
n s
itu c
emen
t co
ncr
ete
of
wit
hout
SC
AD
A w
ith c
oncr
ete
mix
er w
ith
hopper
gra
de
of
trap
/ gra
nit
e/quar
tzit
e/gnei
ss m
etal
for
bed
blo
ck,
foundat
ion b
lock
s an
d s
uch
oth
er
item
s in
cludin
g b
aili
ng o
ut
wat
er f
orm
work
, co
mpac
ting,
rou
ghen
ing,
them
if
spec
ial
finis
h i
s to
be
pro
vid
ed a
nd c
uri
ng a
nd f
inis
hin
g i
f re
quir
ed c
om
ple
te w
ith C
C 1
:2:4
.
Spec.
No.: B
d.E
.4
Pag
e N
o.
72 a
nd
B-7
, P
ag
e
No.3
8
5423.2
5
Cu M
eter
607404.0
0
84.0
0
Item No.19:-
Pro
vid
ing a
nd l
ayin
g i
n s
itu c
emen
t co
ncr
ete
of
spec
ifie
d g
rade
of
trap
/ g
ranit
e /q
uar
tzit
e/
gnei
ss m
etal
fo
r R
.C.C
. w
ork
in..........................
lik
e ra
ft,
stri
p f
ound
atio
ns,
gri
llag
e an
d f
ooti
ngs
of
R.C
.C.
colu
mns
and
stee
l st
anch
ions
etc.
in
cludin
g
bai
ling
out
wat
er,
form
work
, co
ver
blo
cks
com
pac
tion an
d cu
ring et
c. (E
xcl
udin
g re
info
rcem
ent
and st
ruct
ura
l st
eel)
co
mple
te,
Wit
h...........o
f
gra
de
M -
30.
Spec. N
o.: B
d.F
.3
Page N
o. 89 P
age
No.3
8
5951.4
0
Cu M
eter
499917.6
0
134.4
0
Item No.20:-
P
rovid
ing
and
cast
ing
in
situ
ce
men
t co
ncr
ete
of.
S
pec
ifie
d.
Gra
de
of
trap
/ gra
nit
e/
quar
tzit
e/ g
nei
ss m
etal
for
R.C
.C.
par
di
75m
m t
hic
k f
ins
incl
udin
g c
ente
ring,
form
wo
rk,
cover
blo
cks
com
pac
tin
g a
nd
rou
ghen
ing t
hem
if
spec
ial
finis
h i
s to
be
pro
vid
ed a
nd c
uri
ng c
om
ple
te.
(Ex
cludin
g
rein
forc
emen
t) b
) W
ithout
SC
AD
A w
ith c
oncr
ete
mix
er w
ith h
opper
c)
M30.
Spec.
No.:
Bd.F
.11 P
ag
e N
o.
96
10010.7
0
Cu M
eter
1345438.0
8
84.0
0
Item No.21:-
Pro
vid
ing a
nd c
asti
ng i
n s
itu c
emen
t co
ncr
ete
spec
ifie
d o
f tr
ap/
gra
nit
e /
quar
tzit
e/ g
nei
ss
met
al
for
R.C
.C.
slab
s an
d
landin
gs
canop
y
as
per
det
aile
d
des
igns
and
dra
win
gs
incl
udin
g
ply
wood/s
teel
cen
teri
ng,
form
work
, co
ver
blo
cks
com
pac
ting a
nd r
ou
gh
enin
g t
he
surf
ace
if s
pec
ial
finis
h i
s to
be
pro
vid
ed a
nd c
uri
ng c
om
ple
te.
(Ex
cludin
g r
einfo
rcem
ent)
.Wit
hout
SC
AD
A w
ith c
oncr
ete
mix
er w
ith h
opper
c)
M-3
0.
Spec.
No.: B
d.F
.8
Pag
e N
o.
93
8671.9
5
Cu M
eter
728443.8
0
560.0
0
Item No.22:-
P/F
M:
25 P
reca
st k
erbst
one
of
Siz
e 500x
400x
150m
m e
tc c
om
ple
te.
S
pec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
764.0
0
RM
T
427840.0
0
56.0
0
Item No.23:-
Pro
vid
ing a
nd l
ayin
g N
P2 C
lass
150m
m p
ipe.
....et
c.
Spec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
901.0
0
RM
T
50456.0
0
15.1
2
Item No.24:-
Pro
vid
ing a
nd f
ixin
g i
n p
osi
tion H
YS
D/T
MT
bar
rei
nfo
rcem
ent
of
var
ious
dia
met
ers
for
RC
C p
ile
caps,
footi
ngs
foundat
ions
slab
s bea
ms
colu
mns
canap
ies
stai
rcas
es n
ewel
s ch
ajas
lin
tels
Spec.
No.:
Bd.F
.17, P
ag
e N
o.
73666.9
5
M.T
1113844.2
8
par
adie
s co
pin
g f
ins
arch
es e
tc.
98
560.0
0
Item No.25:-
Pro
vid
ing a
nd a
pply
ing t
wo c
oat
s o
f ex
tern
al t
extu
red s
ynth
etic
pai
nt
of
appro
ved
shad
e
and q
ual
ity a
nd o
ne
coat
of
pri
mer
bef
ore
apply
ing t
extu
red p
aint
incl
ud
ing s
caff
old
ing i
f n
eces
sary
pre
par
ing s
urf
ace
by t
horo
ughly
cle
anin
g o
il, gre
ase,
dir
t an
d o
ther
mat
eria
ls a
s re
quir
ed,
etc.
com
ple
te.
Spec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
207.9
0
Sq M
eter
116424.0
0
110.0
0
Item No.26:-
Pro
vid
ing a
nd L
ayin
g 3
00m
m N
P2 C
lass
pip
e....e
tc. co
mple
te.
S
pec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
1089.0
0
RM
T
119790.0
0
28.0
0
Item No.27:-
pro
vid
ing F
rp L
D 2
.5 F
rp C
over
etc
com
ple
te.
S
pec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
15800.0
0
Num
ber
s 442400.0
0
94.5
3
Item No.28:-
Pro
vid
ing a
nd l
ayin
g o
f hot
appli
ed t
her
mopla
stic
com
pound 2
.5m
m t
hic
k Y
ello
w /
Whit
e
incl
udin
g r
efle
ctori
sin
g g
lass
bea
ds
@250 g
ms
per
sqm
are
a, t
hic
knes
s of
2.5
mm
is
excl
usi
ve
of
surf
ace
appli
ed g
lass
bea
d a
s per
IR
C 3
5.
The
finis
hed
surf
ace
to b
e le
vel
, unif
orm
and f
ree
from
str
eaks
and
hole
s et
c. c
om
ple
te w
ith 3
yea
rs g
rante
e.
S
pec. N
o.:
MO
RT
H C
I.803
Page 3
88/2
012
1155.0
0
Sq M
eter
109182.1
5
6.4
8
Item No.29:-
Pro
vid
ing a
nd F
ixin
g o
f R
etro
Ref
lect
ori
sed d
irec
tion &
pla
ce i
den
tifi
cati
on s
ign b
oar
ds
mad
e out
of
retr
o r
efle
ctiv
e sh
eeti
ng o
f H
igh I
nte
nsi
ty p
rism
atic
gra
de
confo
rmin
g t
o I
RC
-67:
201
2 &
Type
IV s
tand
ards
of
AS
TM
D4956-0
9 s
pec
ific
atio
ns,
fix
ed o
ver
2m
m t
hic
k A
l /
4 m
m t
hic
k A
CP
shee
t su
pport
ed w
ith B
ack s
upport
fra
me
of
35x
35x
5m
m m
ild s
teel
an
gle
wit
h a
reas
not
exce
edin
g 0
.9
sqm
. S
upport
ed in
m
ild st
eel
angle
ir
on post
75x
75x
6m
m -
3.5
m
tr hei
ght
& w
ith M
S an
gle
of
50x
50x
5m
m b
raci
ng,
firm
ly f
ixed
to t
he
gro
und
by m
eans
of
pro
per
ly d
esig
ned
foundat
ion o
f M
20
gra
de
cem
ent
concr
ete
45 c
m X
45 c
m X
60 c
m ,
60 c
m b
elow
gro
und l
evel
com
ple
te (
as p
er M
oR
T&
H
spec
ific
atio
n N
o.8
01
) (f
or
area
more
than
0.9
sqm
). 7
yea
rs W
arra
nty
for
Ret
ro R
efle
ctiv
e S
hee
ting
from
the
ori
gin
al s
hee
tin
g m
anufa
cture
r &
a c
erti
fied
cop
y o
f th
ree
yea
rs o
utd
oor
exposu
re r
eport
fro
m
an i
ndep
end
ent
test
lab
for
the
pro
duct
off
ered
shal
l be
subm
itte
d b
y t
he
contr
acto
r. D
irec
tion S
ign
boar
ds.
Spec. N
o.: IR
C-6
7
of 2012
11529.0
0
Sq M
eter
74707.9
2
4.0
0
Item No.30:-
Pro
vid
ing a
nd F
ixin
g o
f R
etro
Ref
lect
ori
sed 9
00m
m C
auti
onar
y s
ign b
oar
ds
mad
e ou
t of
retr
o r
efle
ctiv
e sh
eeti
ng o
f H
igh I
nte
nsi
ty p
rism
atic
gra
de
confo
rmin
g t
o I
RC
-67:
2012 &
Type
IV
stan
dar
ds
of
AS
TM
D
4956-0
9 sp
ecif
icat
ions,
fi
xed
over
2 m
m th
ick A
l /
4m
m th
ick A
CP
sh
eet
support
ed w
ith B
ack
sup
port
fra
me
of
25x
25x
3m
m m
ild s
teel
an
gle
as
appro
ved
, s
upport
ed o
n a
mil
d
stee
l an
gle
iro
n p
ost
75 m
m X
75 m
m X
6 m
m -
3.5
mtr
hei
ght,
fir
mly
fix
ed t
o t
he
gro
und b
y m
eans
of
pro
per
ly d
esig
ned
found
atio
n w
ith M
20 g
rade
cem
ent
concr
ete
45 c
m X
45 c
m X
60 c
m ,
60 c
m b
elow
gro
und l
evel
as
per
appro
ved
dra
win
g.
7 y
ears
War
ranty
fo
r R
etro
Ref
lect
ive
Shee
tin
g f
rom
the
ori
gin
al
shee
ting m
anu
fact
ure
r &
a c
erti
fied
cop
y o
f th
ree
yea
rs o
utd
oor
exposu
re r
eport
fro
m a
n i
ndep
enden
t
test
lab
for
the
pro
duct
off
ered
shal
l be
subm
itte
d b
y t
he
contr
acto
r R
egula
tory
sig
n b
oar
ds
of
90 c
m
Dia
met
er.
Spec. N
o.: IR
C-6
7
of 2012
4683.0
0
Num
ber
s 18732.0
0
280.0
0
Item No.31:-
Supply
ing &
Fix
ing o
f M
old
ed S
han
k R
aise
d P
avem
ent
Mar
ker
s m
ade
of
poly
carb
onat
e
and A
BS
mould
ed b
od
y a
nd r
efle
ctiv
e pan
els
wit
h m
icro
pri
smat
ic l
ens
capab
le o
f pro
vid
ing t
ota
l
Spec. N
o.: A
s
directe
d b
y
669.9
0
Num
ber
s 187572.0
0
inte
rnal
ref
lect
ion o
f th
e li
ght
ente
ring t
he
lens
face
and s
hal
l su
pport
a l
oad
of
16000 k
g t
este
d i
n
acco
rdan
ce t
o A
ST
M D
4280 T
ype
H a
nd c
om
ply
ing t
o S
pec
ific
atio
ns
of
Cat
egory
A o
f M
OR
TH
Cir
cula
r N
o R
W/N
H/3
3023/1
0-9
7 –
DO
III
Dt
11.0
6.
1997.
The
hei
ght,
wid
th a
nd l
ength
shal
l not
exce
ed 5
0 m
m,
100 m
m a
nd 1
02 +
/- 2
mm
and w
ith m
inim
um
ref
lect
ive
area
of
13 S
qcm
on e
ach s
ide
and th
e sl
ope
to th
e bas
e sh
all
be
35 +
/- 5 d
egre
e. T
he
stre
ngth
of
det
achm
ent
of
the
inte
gra
ted
cyli
ndri
cal
shan
ks,
(of
dia
met
er n
ot
less
than
19 +
/- 2
mm
and h
eight
not
less
than
30+
/- 2
mm
) fr
om
the
bod
y i
s to
be
a m
inim
um
val
ue
of
500 K
gf.
Fix
ing w
ill
be
by d
rill
ing h
ole
s on t
he
road
for
the
shan
ks
to
go
insi
de,
w
ithout
nai
ls
and
usi
ng
epox
y
resi
n
bas
ed
adhes
ive
as
per
m
anu
fact
ure
r’s
reco
mm
endat
ion a
nd c
om
ple
te a
s dir
ecte
d b
y t
he
engin
eer.
Tw
in S
han
k R
PM
(C
at E
ye)
.
Engin
eer-
in-c
harg
e
1.0
0
Item No.32:-
Shif
ting U
tili
ties
Wat
er S
upply
Mai
n L
ine.
...e
tc. co
mple
te. .
Spec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
1200000.0
0
L.S
1200000.0
0
1.0
0
Item No.33:-
Shif
ting M
SE
B C
able
Lin
e......e
tc. co
mple
te. .
Spec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
1200000.0
0
L.S
1200000.0
0
1.0
0
Item No.34:-
Shif
ting W
ater
Lin
e co
nn
ecti
ons.
....et
c. c
om
ple
te.
S
pec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
200000.0
0
L.S
200000.0
0
12.0
0
Item No.35:-
P
rovid
ing &
er
ecti
ng 9 m
hig
h gal
van
ized
O
CT
AG
ON
AL
pole
w
ith fo
undat
ion bolt
s
hav
ing b
ott
om
of
155 m
m A
F t
op 7
0 m
m A
/F o
n p
rovid
ed f
oundat
ion a
s p
er s
pec
ific
atio
n N
o O
HP
L.
Spec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
16788.0
0
Num
ber
s 201456.0
0
12.0
0
Item No.36:-
S a
nd E
250w
vel
oci
ty i
s fi
ttin
g.
S
pec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
12697.0
0
Num
ber
s 152364.0
0
12.0
0
Item No.37:-
S a
nd E
250w
HP
SV
SO
NT
lam
p.
S
pec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
683.0
0
Num
ber
s 8196.0
0
12.0
0
Item No.38:-
Supply
ing a
nd e
rect
ing S
tree
t li
ght
bra
cket
for
erec
tion o
f S
ingle
fit
ting m
ade
from
40 m
m
dia
B c
lass
G I
pip
e 1 m
in l
ength
alo
ng w
ith p
ole
cap
of
300 m
m l
ength
10
0 m
m d
ia d
uly
wel
ded
as
per
spec
ific
atio
n n
o F
G B
KT
BP
C.
Spec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
733.0
0
Num
ber
s 8796.0
0
12.0
0
Item No.39:-
Pro
vid
ing p
ipe
type
eart
hli
ng w
ith 4
0m
m.
dia
. G
.I.
pip
e or
20 m
m d
ia.
G.I
. R
od c
om
ple
te
wit
h a
ll m
ater
ials
as
per
spec
ific
atio
n N
o. E
A-E
P.
Spec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
1585.0
0
Num
ber
s 19020.0
0
12.0
0
Item No.40:-
Pro
vid
ing &
cas
ting o
f M
- 20 g
rade
rein
forc
ed c
emen
t co
ncr
ete
RC
C f
oundat
ion s
uit
able
for
9m
& 1
0m
hig
h o
ctag
onal
conic
al G
.I.
pole
consi
der
ing t
he
safe
soil
bea
rin
g c
apac
ity a
t si
te a
s 10 T
sq m
at
1.5
m d
epth
incl
udin
g s
upply
of
stee
l co
ncr
ete
exca
vat
ion a
nd f
ixin
g p
rovid
ed n
ut
bolt
s w
ith t
he
hel
p o
f te
mpla
te a
s p
er d
esig
n i
n a
n a
ppro
ved
man
ner
.
Spec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
8006.0
0
Num
ber
s 96072.0
0
360.0
0
Item No.41:-
S
upply
ing,
erec
tin
g &
te
rmin
atin
g P
VC
ar
moure
d ca
ble
4 co
re 16 sq
m
m al
um
inum
conduct
or
wit
h c
onti
nuo
us
5.4
8sq
mm
(12S
WG
) G
.I.
eart
h w
ire
com
ple
te e
rect
ed w
ith g
lands
& l
ugs,
on
Spec.
No.: A
s
directe
d b
y
198.0
0
Num
ber
s 71280.0
0
wal
l/ t
russ
es/p
ole
or
laid
in p
rovid
ed t
rench
/ pip
e as
per
spec
ific
atio
n n
o. C
B-L
T/A
L.
E
ng
ineer
in c
harg
e
441.0
0
Item No.42:-
Supply
ing &
Layin
g 5
0m
m O
uts
ide
dia
double
wal
l co
rru
gat
e pip
es.
S
pec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
195.0
0
Num
ber
s 85995.0
0
140.0
0
Item No.43:-
Supply
ing, er
ecti
ng &
Ter
min
atin
g P
VC
arm
oure
d c
able
3 1
/2 c
ore
35 s
q m
m.
S
pec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
274.0
0
RM
T
38360.0
0
1.0
0
Item No.44:-
Supply
and E
rect
ion o
f m
ini
pil
lar
wit
h p
ow
der
co
atin
g a
nd D
ouble
door
lock
ing i
ncl
udin
g
acce
ssori
es a
s per
spec
ific
atio
n i
n a
nnex
ure
B f
or
Str
eet
light
100A
.
Spec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
37307.0
0
Num
ber
s 37307.0
0
1.0
0
Item No.45:-
Supply
ing a
nd e
rect
ing J
unct
ion B
ox
.
Spec.
No.: A
s
directe
d b
y
Eng
ineer
in c
harg
e
7840.0
0
Num
ber
s 7840.0
0
1.0
0
Item No.46:-
Rel
ease
of
Pow
er S
upply
......
etc.
.
Spec. N
o.: A
s
directe
d b
y
Engin
eer-
in-c
harg
e
28000.0
0
L.S
28000.0
0
Total Rs.
1,55,37,813.38
Say Rs.
1,55,37,813.00
Total -
(Contractors Quoted percentage (+ / -)-
(In Words -------------------------------------------------------)
Quoted Amount Rs. –
(In Words ------------------------------------------------------
Signature of Tenderer
No. of Corrections
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’.
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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
Signature of Tenderer No of Corrections Signature of City Engineer
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
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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)
Signature of Tenderer No of Corrections Signature of City Engineer
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
Signature of Tenderer No of Corrections Signature of City Engineer
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……………………………………
Signature of Tenderer No of Corrections Signature of City Engineer
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
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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.
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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
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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
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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
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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
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
Signature of Tenderer No of Corrections Signature of City Engineer
GENERAL CONDITIONS OF CONTRACT PART - I
INTERPRETATIONS AND DEFINITIONS
1 S ingular and P lural .
W here the context so requ ires , words impor t ing the s ingu lar shal l a lso mean the p lura l and v ice versa.
2. Gender W ords impor t ing the mascul ine gender sha l l a lso inc lude the femin ine gender.
3. Def ini t ions (a) ‘Corporat ion’ shal l mean Nav i Mum bai Munic ipal Corporat ion as incorporated under the BPMC Ac t , 1949.
(b) The ‘Munic ipal Commiss ioner ’ shal l m ean the Munic ipa l Commiss ioner of the Corporat ion , for the t ime be ing hold ing that of f ice and a lso h is successor and shal l inc lude any of f icer author ized by h im .
(c ) The ‘Eng ineer ’ shal l m ean the C i ty Eng ineer appo inted for the t ime be ing or any o ther of f icer or of f icers of the Corpora t 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’ sha l l m ean Executive Eng ineer / Deputy Engineer / Sec t ional Eng ineer /Jun ior Eng ineer or any other m unic ipal employee or employees appo inted f rom t ime to t im e by the ‘Engineer ’ to per form the dut ies set for th in C lause No.66 hereof and genera l ly to ass is t the Engineer fo r the purpose of the contrac t and whose author i ty sha l l be not i f ied in wr i t ing to the contrac tor by the Eng ineer .
(e ) The ‘Contrac t ’ shal l m ean the tender and acceptance thereof and the formal agreem ent i f any, executed between the Contrac tor , and the Corporat ion together wi th the Documents referred to therein inc lud ing these condi t ions and appendices and any spec ia l condi t ions , the spec i f ica t ions , des igns , drawings , pr ice schedules , b i l ls of quanti t ies and schedule of rates . A l l these Documents taken together shal 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. Contrac t Agreements . 2. The let ter o f Acceptance. 3. Notice inv i t ing Tender & Ins truc t ions to Tenderer . 4. Spec ia l Cond i t ions of Contrac t . 5. The General Condi t ions of Contrac t . 6. Schedule of Rates & Quant i t ies . 7. The Technical spec if icat ions . 8. The Drawings 9. Schedules & Annexures ( f ) The ‘Contrac tor ’ sha l l m ean the ind iv idua l or f i rm or
company whether incorporated or not , under tak ing the W orks and shal l inc lude lega l representat ives of such ind iv idua l or persons composing such f irm or un incorporated company or successors of such f irm or company as the case may be and perm it ted ass igns of such indiv idual or f i rm or company.
(g) ‘Contrac t sum ’ means the sum named in the let ter
Signature of Tenderer No of Corrections Signature of City Engineer
of acceptance inc lud ing phys ica l cont ingenc ies subjec t to such add i t ion thereto or deduct ion there-f rom as may be made under the provis ions hereinaf ter contained.
Note : The contrac t sum shal l inc lude the fo l lowing :- 1. (a) In the case of percentage rate contrac ts , the
es t imated value of W orks as mentioned in the tender ad jus ted by the Contrac tor 's percentage.
(b) In the case of i tem rate contrac ts , the cost of the W ork arr ived at af ter ex tens ion of the quant i t ies shown in schedule of i tems/ quanti t ies by the i tem ra tes 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 / Trade discount of fered by the tenderer i f any and accepted by the Corporat ion .
3. Addi t ions or delet ions that are accepted af ter opening of the tenders.
4. Phys ica l cont ingenc ies , i f any an accepted by the Corporat ion.
(h) ‘Excepted r isks ’ a re r isks due to r iots (o therwise than am ong Contrac tors ’ employees) and c iv i l commot ion ( in so far as both these are uninsurab le) , 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 , rebe l l ion, revolu t ion , insur rec t ion, m i l i tary or usurped power , any act of government, damage f rom a ircraf t , ac ts o f god, such as ear thquake, l ightn ing and unprecedented f loods and other causes over which the Contrac tor has no contro l and accepted as such by the Commiss ioner .
( i ) The ‘S i te ’ m ean the land and other p laces , more spec i f ica l ly ment ioned in the spec ia l condi t ions of the tender , on, under , in or through which the W orks or temporary W orks are to be executed and any other lands and places provided by the Corpora t ion for work ing space or any o ther purpose as may be spec if ica l ly des ignated in the contrac t as form ing par t of the s i te .
( j ) ‘Urgent W orks ’ sha l l m ean any measures which in the op in ion of the Engineer become necessary dur ing the progress o f the W ork to obv iate any r isk of acc ident or fa i lure or which become necessary fo r secur i ty.
(k ) The ‘W orks ’ 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 ex tra or addi t iona l , a l tered or subst i tu ted W orks as required for performance of the contrac t .
( l ) ‘Construc t ion Plant ’ sha l l mean al l appl iances or th ings of whatever nature required in or about the execut ion, complet ion or main tenance of the W orks or tem porary W orks (as here in af te r def ined) but sha l l not inc lude mater ia ls or o ther th ings intended to fo rm or forming par t of the W orks.
(m) ‘Temporary W orks ’ shal l mean al l temporary tasks of every k ind required in or about execut ion , complet ion or maintenance of the W ork.
(n) ‘Drawing’ sha l l m ean the drawings referred to in the
Signature of Tenderer No of Corrections Signature of City Engineer
spec i f ica t 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 lud ing subsequent conf i rmat ion of previous verbal approval and “Approval ” shal l m ean approval in wr i t ing inc luding as aforesaid .
(p) ‘Spec if ica t ion ’ m eans the spec i f ica t ion refer red to in the tender and any m odif ica t 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 Eng ineer .
(q ) “Tender ” means the Contrac tor ’s pr iced of fer to the Corporat ion for the execut ion and comple t ion o f the W orks and the remedying o f any defects therein in accordance wi th the provis ion of the Contrac t , as accepted by the Let ter of Acceptance.
( r ) ‘Let ter of Acceptance’ m eans the formal acceptance by the Corpora t ion.
(s ) ‘Commencement Date’ m eans 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 Comple t ion’ m eans the t im e for complet ing the execut ion of and pass ing the Tes ts on Comple t ion of the W orks or any Sect ion or par t thereof as s tated in the Contrac t (or as ex tended under Clause 83 calcu lated f rom the Commencement Date .
(u ) The ‘Annexure ’ referred to in these cond i 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 W ork
The W ork to be carr ied out under the Contrac t shal l , except as otherwise provided in these cond i t ions, inc lude al l labour , mater ia ls , tools , p lant , equ ipment and t ranspor t wh ich may be requi red in preparat ion of and for and in the fu l l and ent i re Execut ion and comple t ion of the W orks . The descr ipt ions g iven in the schedu le of W orks / i tems / quant i t ies , and the B i l ls of Quant i t ies sha l l , un less otherwise s tated, be he ld to inc lude waste on mater ia ls , carr iage and car tage, carry ing in , return of empt ies , hois 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 comple t ion as aforesaid in accordance wi th good prac t ice and recognized pr inc ip les .
5. Corrupt or
Fraudulent
Pract ices
The Corporat ion requires that the b idders /supp l iers /
contrac tors under th is tender observe the h ighest
s tandards of eth ics dur ing the procurement and execut ion
of such contrac ts . In pursuance of th is pol icy, the
Corpora t ion def ines for the purposes of th is prov is ion, the
terms set for th as fo l lows:
a) “cor rupt pract ice” means the of fer ing, g iv ing, receiv ing
or sol ic i t ing of any th ing of va lue to inf luence the ac t ion of
the publ ic of f ic ia l in the procurement process or in
contrac t execution; and
b) “f raudulent pract ice” means a m is representat ion of fac ts
Signature of Tenderer No of Corrections Signature of City Engineer
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 t ice among b idders (pr ior to or af ter
b id submiss ion) des igned to es tab l ish b id pr ices a t
ar t i f ic ia l non-compet i t ive leve ls and to depr ive the
Corpora t ion of the benef i ts of the f ree and open
compet i t ion;
The Corpora t ion wi l l re jec t a proposa l fo r 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 Corpora t 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 irm has engaged in cor rupt and f raudulent prac t ices in
compet ing for , o r in execut ing , a contract .
6. In t imat ion to
Successful
Tenderers
The acceptance of tender may be communicated to the
Successful Tenderer in wr i t ing or o therwise e i ther by the
tender open ing author i ty or any author i ty in the
Corpora t ion.
7. Secur i ty
Depos i 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 lm ent
of the contrac t , un less otherwise s tated in the tender
Documents .
The mode of mak ing th is depos i t is as under .
In i t ia l or contrac t depos i t
A sum, which a long wi th the earnes t money already paid ,
amounts to three percent of the contract sum shal l be paid
wi th in 15 days a f ter rece ipt 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 ) W hol ly in cash or .
i i ) W hol ly in fo rm of Nat ional sav ing Cer t i f ica te p ledged
in favour of the Corpora t ion or Bank Guarantees /
F ixed depos i t f rom Nat iona l ized / Scheduled Banks in
the enc losed format.
i i i ) Par t ly in cash and par t ly in form of Nat ional sav ing
Cer t i f icate p ledged in favour of the Corpora t ion or
Bank Guarantees / F ixed depos i t f rom Nat iona l ized /
Scheduled Banks in the enc losed format
Retent ion Money:
The remain ing amount of the secur i ty depos i t i .e . 2% shal l
be recovered f rom the Contrac tor ’s runn ing bi l ls at the rate
of f ive percent and such retent ion together wi th the
contrac t depos i t m ade as aforesa id 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. Forfe i tu re of Secur i ty Depos i t
A l l compensat ion or o ther sums of money payab le by the contrac tor under the terms of th is contrac t or any o ther account whatsoever , may be deducted f rom or paid by the sa le of a suf f ic ien t par t of th is secur i ty depos i t / re tent ion money or f rom the in terest 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
Signature of Tenderer No of Corrections Signature of City Engineer
whatsoever , and in the event of h is secur i ty depos i t / re tent ion money be ing reduced by reason of any such deduc t ion or sale as aforesaid , the contrac tor 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 o f the sa id depos i t hav ing been made by the contrac tor by de l ive ry to the Corpora t 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 iable for any penal ty for damages l iquidated or unl iquidated or of the said depos i t becoming for fe 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 depos i t so for fe i ted is not previous ly paid to the Munic ipal Commiss ioner , shal l immedia te 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 said Guarantee.
9. Execut ion of Contrac t Document
The su ccessful t enderer af t er furni shing In i t i a l Secur i ty
Deposi t , i s requi red to execu te an Agreement in dupl i cate in the fo rm at t ached wi th the t ender Documents on a s tamp pap er
of p roper value. The proper value a t presen t i s Rs . 100 / - . The
agreement should be s igned wi th in one month f rom the date o f
acceptance of the t ender
10. Issue of W ork Order
Work Order wi l l be i ssued af t er execu t ion o f contract
document .
11. Contrac t Documents
The Cont ractor shal l be fu rn i shed , f ree o f charge; two cer t i f i ed
t rue cop ies o f the con t ract Documents and al l fur ther drawings which may be i ssu ed dur ing the p rogress o f the Work. None of
these Docu ments shal l be used b y the Contracto r fo r any
purpose o ther than that o f thi s con tract .
12. Indem nity Bond
The cont racto r shal l r equ i re to execu te an Indemni ty Bond for
sat i sf acto ry per formance o f the en t i re project on Stamp paper of Rs .100 /- in the format as per Annexure ‘D’ . Thi s Indemni ty
Bond shal l r emain in fo rce fo r period ment ioned in Schedule
‘A’ as Def ect Liab i l i ty Per iod af ter comple t ion o f the p roject .
13. L icences The successful t enderer shou ld comply s t a tu tory ins t ruct ion of
con t ract labour & wi l l be requ i red to produce to the
sat i sf act ion of the Engineer a val id cont ract l abour l i cence
i ssued in hi s f avour under the provi sion o f the Cont ract Labour
Li cence (Regulat ion and Abol i t ion) 1970 , before s t ar t ing the
Work . On fai lu re to do so, the accep tance o f the t ender i s l iab le to be wi thdrawn and also the earnes t money i s l i ab le to
be fo r fei ted .
14. Detai ls to be Conf ident ia l
The Cont ractor shal l t reat the detai l s of the Cont ract as p r ivate
and conf iden t i a l , save in so f ar as may be necessary fo r the
purposes thereof , and shal l not publ i sh o r d i sclose the same or any p ar t i cular s thereof in any t r ade o r t echnical paper o r
e l sewhere wi thou t the p revious consen t in wr i t ing of the
Engineer . I f any di spu te ar i ses as to the necess i ty o f any
pub l icat ion o r d i sclosure fo r the purpose of the con t ract the
same shal l be refer red to the Corporat ion whose determinat ion
shal l be f inal .
15. Of f ic ia l Secrecy
The Contractor shal l , when ever requ ired , t ake n ecessar y s t eps
to ensure that a l l per sons employed on any Work in conn ect ion
wi th thi s Cont ract have not i ced that the Ind ia o f f ic ia l Secrets
Act 1923 (XIX of 1923) appl i es to them and shal l con t inue to
app ly even af t er execu t ion o f such Work under the Cont ract .
Signature of Tenderer No of Corrections Signature of City Engineer
16. Ass ignment The Cont ractor shal l no t assign t r ansfer or a t t empt to assign ,
t ransfer the Contract o r any par t thereof , o r any benef i t o r in terest therein o r there und er o therwise than by a char ge in
favour o f the Cont racto r ’s bankers o f any Money due o r to
become due under th i s con tract , wi thout the p r ior wr i t t en approval of the Commiss ioner .
17. Sub- le t t ing The Cont ractor shal l no t sub-le t o r a t t empt to sub- le t the whole
of the Works. Excep t where otherwise provided by the
Cont ract , the Cont ractor shal l not sub- le t any par t of the Works
wi thout the pr ior wr i t ten approval o f the Engineer , which sh al l
no t be unreason ab ly wi th-held , and such approval , i f
given , sh al l not re l i eve the Cont ractor f rom an y l iab i l i ty o r
ob l igat ion under defau l t s and neglect s o f any sub-cont racto r ,
h i s agen t s , servan t s o r Workmen as ful ly as i f they were the act s , d efaul t s o r negl ect s o f the Cont ractor , h i s
agen t s , servan ts o r Workmen. Provided always that the
engagement o f labour on a p iecework bas is o r l abour with mater i a l not to be incorporated in the Work shal l
no t be deemed to be a sub-le t t ing under th is Clause.
The Cont racto r shal l be r espon sible fo r observan ce by h i s sub-con t racto rs of the forego ing provi sions
18. Changes in Cons t i tut ion
Wh ere the con t racto r i s a par tner sh ip f i rm, the p r io r approval in wr i t ing o f the Commiss ioner shal l be obtained before any
chan ge i s made in the con st i tu t ion o f the f i rm. Where the
con t racto r i s an ind ividual o r Hindu Undivided f ami ly bus iness
concern such approval as afo resaid shal l l ikewise be ob tained
before the contractor enter s in to any par tnership agreement
where under the par tner sh ip f i rm would have the r ight to car ry
ou t the Work hereby under taken b y the con t racto r . If p rior approval as aforesaid i s not obtained the con t ract shal l be
deemed to have been assigned in con t raven t ion of the Clause
No. 108 hereof and the same act ion may be t aken and the same
consequences sh al l ensure as p rovided for in the said
condi t ion .
19. Power of A t torney
The cont ractor shal l not i ssue any kind o f power o f a t torney in
favour o f h i s banker s for rou t ine payments to the con t racto rs
through Bank.
20. Contrac tors S taf f
The Cont racto r shal l employ in and about the execu t ion of
Works on ly such persons as are ski l l ed an d are exp er ienced in
thei r several t r ades and the Engineer shal l be a t l iber ty
to object to and requ i re the Contracto r to remove f rom the
Works any per son, employed by the Contracto r in o r about the execu t ion of the Works, who in the op inion o f the Engineer
misconducts himsel f or i s incompeten t or negl igen t in the
proper per fo rmance o f hi s dut i es and such person shal l no t be
again employed upon the Works wi thou t permiss ion of the
Engineer .
21. Contrac tors ’ Supervis ion
The Contrac tor shal l h imself superv ise the execut ion o f W orks or shal l appo int competent agent approved by the Engineer to ac t in h is s tead. I f , in the op in ion of the Engineer the Contrac tor h imself not have suf f ic ien t knowledge and exper ience to be capab le o f rece iv ing ins truc t ions or cannot g ive h is fu l l a t ten t ion to the W orks , the Contrac tor sha l l at h is own expense, employ as h is accred i ted agent an Engineer or a sui tably qua l i f ied and exper ienced person approved by the Engineer . The name of the agent so appoin ted, a long-wi th the qual i f icat ions , exper ience and address shal l be communicated to the Engineer . The agent sha l l be a respons ib le person
Signature of Tenderer No of Corrections Signature of City Engineer
adequately organ isat ion by the Contrac tor to take dec is ion on s i te and to spend m oney i f requ ired for procur ing mater ia l and labour etc . to carry out Emergency W orks in the interest of the W ork, i f so requ ired by the Engineer . Orders g iven to Contrac tor ’s agent shal l be cons idered to have the same force as i f these had been given to the Contrac tor h imsel f .
I f the Contrac tor fa i ls to appoint a sui table agent as d i rec ted by the Eng ineer , the Eng ineer shal l have fu l l powers to suspend the execution of the W orks unt i l such date as a su i table agent is appointed and the Contrac tor shal l be held respons ib le for the de lay so caused to the W orks.
22. Employm ent of Labour
The Contrac tor shal l employ the labour in suf f ic ien t numbers to mainta in the required rate o f progress and of qua l i ty to ensure Workmansh ip, 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 em ploy in connect ion wi th the W ork any chi ld who has not comple ted his 15th year of age. He shal l a lso not employ an ado lescent who has not completed h is 18th year unless he is cer t i f ied f i t fo r W ork as an adul t as prescr ibed under c lause (b) of sub-sec t ion (2) of sec t ion 69 of the Fac tor ies Ac t , 1948.
The Contrac tor shal l make h is own arrangement for the engagement of a l l labour local o r otherwise.
The Contrac tor shal l indem nify the Corporat ion or any agent , servant or employee o f Corporat ion for any lapses on the par t o f contrac tor on account of non-compl iance of above referred acts .
23. Compl iance wi th Labour Regulat ion.
The contrac tor shal l pay fa i r and reasonable wages to the W orkmen employed by h im, for the contrac t under taken by h im . In the event of any d ispute ar is ing between the contrac tor and his W orkmen on the grounds that the wages paid are not fa i r and reasonable, the d ispute sha l l be referred wi thout delay to the Eng ineer , who shal l dec ide the same. The dec is ion of the Engineer shal l be conc lus ive and binding on the contrac tor but such dec is ion shal l no t in any way af fec t the condi t ions in the contrac t regard ing the paym ent to be made by Corpora t ion at the same sanc t ioned tender ra tes .
The employees of the contrac tor and the sub-contrac tor in no case sha l l be treated as the employees of the Corpora t ion a t any poin t of t ime.
SALIENT FEATURES OF SOME MAJOR LABOUR LAW S APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION W ORK.
( i ) W orkman Compensat ion Ac t 1923.
The Ac t prov ides for compensat ion in case of in jury by acc ident ar is ing out o f and dur ing the course of employment.
( i i ) Paym ent o f Gratu i ty Ac t 1972.
Gratu i ty is payab le to an em ployee under the Ac t on sat is fac t ion of cer ta in condi t ions on separat ion i f an employee has completed 5 years serv ice or more or
Signature of Tenderer No of Corrections Signature of City Engineer
on death a t the ra te of 15 days wages for every completed year o f serv ice . The Act is app l icable to a l l es tabl ishments employing 10 or m ore employees .
( i i i ) Employees PF and Misce l laneous Prov is ion Ac t, 1952.
The Act prov ides for month ly contr ibu t ions by the employer p lus W orkers @ 10% or 8 .33%. The benef i ts payab le under the Ac t are
(a) Pens ion or fam i ly pens ion on ret i rement or death as the case may be.
(b) Depos i t l inked insurance on the death in harness of the W orker .
(c ) Paym ent of PF accumulat ion on ret i rement/ death e tc .
( iv) Ma tern i ty Benef i t Act 1951
Ac t prov ides for leave and some other benef i ts to wom en employees in case of conf inement or m iscarr iage e tc .
(v) Contrac t labour (Regulat ion and Abol i t i on) Ac t 1970.
The Ac t provides for cer ta in wel fare measures to be provided 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 requi red to take Cer t i f icate of Regis trat ion and the Contrac tor is required to take a L icence f rom the des ignated Off icer . The Act is app l icable to the es tabl ishments or Contrac tor of pr inc ip le employer i f they em ploy 20 or more contrac t labour .
(v i ) Minim um W ages Ac t 1970
The Contrac tor shal l see that the prov is ions set for under the Min imum W ages Act and Contrac t Regu lat ion and Abol i t ion Act 1970 wi th the Maharashtra Contrac t Labour (regula t ion and abol i t ion) Ru les 1971 as amended f rom t ime to t ime are fu l ly compl ied wi th by h im and sha l l main ta in necessary reg is ters and records for payment of wages , over t im e, etc . made to h is W orkmen as required by the Conc i l ia t ion Of f icer (Centra l ) , Min is t r y of Labour, Government of Ind ia, o r such other organisat ion person appo inted by the Centra l or S tate Government.
(v i i ) Paym ent o f W ages Ac t 1936
I t lays down as to by what date the wages are to be paid , when i t wi l l be paid and what deduc t ions can be made f rom the wages of the W orkers .
(v i i i ) Equal Remunerat ion Ac t 1979.
The Act prov ides for paym ent of equal wages for W ork of equal nature to Male & Female W orkers 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) Paym ent o f Bonus Act 1965
The Ac t is app l icable to a l l es tabl ishments employing
Signature of Tenderer No of Corrections Signature of City Engineer
20 or more W orkmen. The Ac t provides 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 paid to or em ployees get t ing Rs . 2500/- P .M. above upto 3500/- P.M. shal l be W orked out by tak ing wages as Rs . 2500/- P .M. only. The Act does not apply to cer ta in es tabl ishments . The newly set up establ ishments are exempted for f ive years in cer ta in c i rcumstances. Some of the Sta te Governments have reduced the employm ent s ize f rom 20 to 10 for the purpose of appl icabi l i ty of the Ac t .
(x) Indus tr ia l D isputes Ac t 1947
The Act lays down the m achinery and procedure for resolut ion of indus tr ia l d isputes, in what s i tua t ions a s t r ike or lock -out becomes i l legal and what are the requirements fo r lay ing of f or re trench ing the employees or c los ing down the establ ishment.
(x i ) Indus tr ia l Employment (S tand ing Orders ) Ac t 1946
I t i s appl icable to a l l es tabl ishments employing 1000 or more W orkmen (employm ent s ize reduced by some of the Sta tes and Centra l Government to 50) . The Act provides for laying down ru les governing the condi t ions of employment by the em ployer or matters provided in the Act and get the same cer t i f ied by the des ignated Author i ty.
(x i i ) T rade Unions Act 1926
The Act lays down the procedure for regis t ra t ion of t rade unions of W orkmen and employers . The t rade unions regis tered under the Act have been given cer ta in immunit ies f rom c iv i l and c r iminal l iabi l i t ies .
(x i i i ) Ch i ld labour (prohib i t ion and regula t ion) Ac t 1986.
The Ac t proh ib i ts employment of chi ldren below 14 years of age in cer ta in occupat ion and processes and prov ides for regu lat ion of employm ent of chi ld ren in a l l o ther occupations and processes . Employm ent of chi ld labour is prohib i ted in Bui ld ing and Cons truc t ion Industry.
(x iv ) Inter -State Migran t W orkmen’s (Regulat ion o f Employm ent and Condi t ions of Service) Act 1979.
The Ac t is appl icab le to an es tabl ishment wh ich employees 5 or more inter -s tate m igrant W orkmen through an in termediary (who has rec ru i ted W orkmen in one s tate for employment in the es tabl ishment s i tua ted in another s tate) . The inter -s ta te m igrant W orkmen, in an estab l ishment to wh ich th is Act becomes appl icab le, are required to be prov ided cer ta in fac i l i t ies such as hous ing, medica l a id, t ravel ing expenses f rom home upto the es tabl ishment and back , etc .
(xv) The Bu i ld ing & other Cons truc t ion W orkers (Regula t ion of Employm ent and Condi t ions of Service) Act 1996 and the Cess Ac t of 1996.
A l l the establ ishments who car ry on any bu i ld ing or
Signature of Tenderer No of Corrections Signature of City Engineer
other construc t ion W ork and employs 10 or more W orkers are covered under th is ac t . A l l such es tabl ishments are requi red to pay cess at rate not exceed ing 2% of the cos t of construc t ion as may be not i f ied by the Government. The employer of the es tabl ishment is requ ired to prov ide safety measures a t the Bui ld ing or Construc t ion W ork and other we l fare measures, such as Canteens, F i rs t -A id fac i l i t ies , Ambulance, Hous ing accommodat ion for W orkers near the W orkplace etc . The employer to whom the Ac t appl ies has to obtain a regis t ra t ion cer t i f ica te f rom the Regis ter ing Of f icer appo inted by the Government.
24. Safety Prov is ions
The Contrac tor shal l a t h is own expense ar range for the safety prov is ions indicated in Annexure `A’ or as required by the Eng ineer , in respect o f a l l labour d i rec t ly or ind irec t ly employed for per formance of the W orks and sha l l p rovide a l l f ac i l i t ies in connec t ion therewith. In case the Contrac tor fa i ls to m ake ar rangements and provide necessary fac i l i t ies as aforesaid , the Engineer shal l be ent i t led to do so and recover the costs thereof f rom the Contrac tor .
25. Prov is ion of F i rs t -A id Box
The contrac tor shal l , at h is own cost , prov ide and m ain ta in at the s i te of W orks a s tandard f i rs t a id box as d i rec ted and approved by the Engineer for the use of h is own as we l l as the Corporat ion ’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 ru les and orders issued there under f rom t ime to t im e. The contrac tor sha l l dur ing the term of th is agreement mainta in as a par t of h is organ isat ion a system of apprent icesh ip 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 bui 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 Direc tor of Techn ical Educat ion and State Apprent iceship Advisor , Maharashtra S ta te, Dhobi Talao, Bombay –400 001. Fai lu re on the par t of the contrac tor to observe the s t ipula t ion of th is condi t ion shal l be deemed to be fa i lu re to employ a suf f ic ien t number of proper and ef f ic ien t W orkmen and al l the r igh ts and remedies of the Commiss ioner therein prov ided inc luding the power to determ ine the contrac t shal l be appl icab le in such case. The Contrac tor shal l a lso be l iable for any pecuniary l iabi l i t y ar is ing on account of any v io la t 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 schedu le of key personne l (Annexure ‘B ’) o r other personnel approved by the Eng ineer to car ry out the func t ions. The Eng ineer wi l l approve any proposed replacement of key personnel on ly i f thei r qual i f icat ions , abi l i t ies and re levant exper ience are substant ia l ly equa l to or bet ter than those of the personnel l is ted in the schedule.
28. Temporary S i te Off ice for the Engineer (For W orks
The Contrac tor sha l l at h is own cost and to the sat is fac t ion of the Engineer , p rovide 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
Signature of Tenderer No of Corrections Signature of City Engineer
Cos t ing Above Rs. 50 Lacks Only)
chairs and large s ize s tee l cupboard. He shal l a lso m ake necessary arrangements for dr ink ing water and elec t r ic connect ion and lock ing arrangement. Upon complet ion of the whole work and af ter c lear ing the s i te and upon expir y of defect l iab i l i t y per iod, the Contrac tor shal l remove the s i te of f ice and take possess ion of the furn i tu re 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 W orks
The Contrac tor shal l have an o f f ice near the W orks a t 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 W ork 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 sha l l be deemed good serv ice upon the Contrac tor .
30. Perm iss ion for Erect ion & Removal of Of f ice on Comple t ion of W ork
The Contrac tor shal l ob ta in perm iss ion for erec t ion of s i te of f ice, cement godown, s tore, etc . on payment of necessary charges as demanded by the concerned author i t ies as per the preva i l ing ru les . The cement godown, W atchman cabins , etc . shal l be provided as d i rec ted and sha l l be removed by the Contrac tor on complet ion of the Work a t the ir cos t .
31. Use of Munic ipal Land
(a)The Contrac tor shal l no t 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 t ruc ted to do so by the Eng ineer in wr i t ing . The por t ion of the s i te to be occupied by the Contrac tor shal l be def ined and/or marked on the s i te p lan, fa i l ing wh ich these sha l l be indicated by the Engineer . The Contrac tor shal l on no account be a l lowed to ex tend h is opera t ions beyond these areas. The use of such por t ion of the s i te shal l be a l lowed f ree of any lease rent dur ing scheduled t ime period for the complet ion o f the W ork. However at the expiry o f the s t ipula ted per iod of the W ork , 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 ra tes lev ied by the Corporat ion for use of publ ic u t 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 comple t ion of the W orks, or when required to do so, by the Engineer af ter receiv ing 7 days not ice. He shal l make good any damage which may have been done and res tore to good cond i t ion any th ing wh ich may have been dis turbed dur ing the per iod of h is occupat ion. He shal l no t use or a l low to be used any such ground, sheds or of f ices , or any por t ion o f the s i te of the W orks, for any other purpose than the carrying out of W orks under th is Contrac t , fa i l ing which charges appl icable wi l l become payable in the event of there be ing on plot or ground or insuf f ic iency o f ground belonging to the Corpora t ion avai lable for the above purpose, the Contrac tor shal l prov ide o ther such ground at h is own cost . The Contrac tor sha l l in any case pay al l taxes which may have to be pa id in respec t of a l l ground, sheds or of f ices used as above, and al l the l icense fees, etc . , that may be demanded for the s torage or otherwise of the var ious ar t ic les as per ru les in force.
Signature of Tenderer No of Corrections Signature of City Engineer
The Contrac tor sha l l prov ide, i f necessary or i f requ ired on the s i te a l l tem porary accesses thereto and sha l l a l ter , adopt and mainta in the same as required f rom t ime to t ime and sha l 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 contrac tor has a lso be al lowed at the sole d iscre t ion of the corporat ion to s tack mater ia l requi red for execut ion of work in corporat ion land out o f the projec t area on paym ent of necessary charges as per corpora t ion ru les for use of roads publ ic ut i l i t y p laces .
32. W ater Supply for Corporat ion W ork
The water wi l l no t be suppl ied by the Corporat ion . The Contrac tor has to make h is own ar rangements for supp ly of water . However on avai labi l i ty o f water i t can be suppl ied at the organisat ion Corporat ion rate and terms and condi t ions .
33.
E lec tr ic Supply
No power connec tion sha l l be prov ided. The Contrac tor shal l make at h is own cos t h is own arrangement for power connect ion, i f requi red.
34. Contrac tor to Protec t the W ork
The contrac tor shal l m ake his own ar rangements for protec t ing the W ork / protec t ion age is t obstruc t ions f rom any ant i -soc ia l e lements by tak ing at h is / their cos t pol ice protec t ion or such other lega l m ethods through law enforc ing author i t ies and that the Corporat ion shal l no t be l iable to compensate the contrac tor on th is account . The Corpora t ion would only fo rward the appl icat ion of the contrac tor to the pol ice Dept t . w i thout any l iab i l i ty aga ins t the Corporat ion on th is account .
35. Fenc ing, W atch ing and L ight ing
The Contrac tor shal l p rov ide and main ta in a t h is own expense a l l l ights , guards, fenc ing and watching when and where necessary or as required by the Engineer fo r the protec t ion of the safe ty and convenience of those employed on the W orks or the pub l ic . In the event of fa i lu re on the par t of the Contrac tor , the Eng ineer may wi th or wi thout not ice to the Contrac tor put up a fence or im prove a fence already put up or provide and/or improve the l ight ing or adopt such other measures as he may deem necessary, and al l the cos t of such procedures as may be adopted by the Engineer shal l be borne by the Contrac tor . In add i t ion the Eng ineer may impose such f ines or pena l ty as the Engineer may deem reasonable, under Clause No. 53.
36. Contrac tor ’s L iab i l i t ies & Insurance (Car Pol icy)
From commencement to com plet ion of the W orks , the Contrac tor shal l take fu l l respons ib i l i t y 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 ex tent poss ib le and sha l l be l iable for any damage or loss that may happen to the W orks or any par t thereof . The po l icy so obtained shal l cover ent i re per iod of cons truc t ion ( inc luding al l extens ions ) and a lso sha l l cover the Defects L iabi l i t y per iod. The pol icy shal l be for the tota l Contrac t Sum. Before commenc ing execut ion of the W ork , the Contrac tors shal l wi thout in any way l im i t ing h is obl igat ions and respons ib i l i t ies under th is cond i t ion , insure agains t any damage loss or in jury wh ich m ay occur to any proper ty (Pr iva te, Government and/or Corporat ion) or to any person ( inc luding any em ployee o f the Corporat ion) by or ar is ing
Signature of Tenderer No of Corrections Signature of City Engineer
out o f the contrac t . A l l insurances (Car Pol icy) to be af fec ted by the Contrac tors and/or h is sub-contrac tors shal l be taken out wi th D irec tora te of Insurance, Maharashtra S tate only. In case, however, a par t icular aspec t is not covered under the po l ic y to be obta ined f rom the D irec torate of Insurance, Maharashtra s tate, the Contrac tor wi l l be a l lowed to have such insurance f rom other insurance company wi th the pr io r perm iss ion of the Commiss ioner . I f the Contrac tor has a b lanket insurance po l icy for a l l h is W orks and the pol icy covers a l l the i tems to be insured under th is cond i t ion , the said po l ic y shal l be ass igned by the Contrac tor , in favour of the Corporat ion; prov ided, however , i f any amount is payable under the pol icy by the insurers in respec t of W orks other than the W orks under th is Contrac t , the same may be recovered by the Contrac tor d i rec t ly f rom the insurers . The amount of c la im to the ex tent payment made by Corporat ion shal l be d i rec t ly re imbursed to Corpora t ion by insurer . PROVIDED always that the Contrac tor shal l not be ent i t led to payment under the above prov is ions in respec t of such loss or damage as have been occas ioned by any fa i lure on his par t to per form h is obl igat ions under the Contrac t or not tak ing precaut ions to prevent loss or damage or m inim ize the am ount of such loss or damage. W here 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 par t 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 Eng ineer sha l l be f inal and binding. The Contrac tor shal l indem nif y and keep indemnif ied the Corpora t ion agains t a l l losses and c la ims 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 cons truc t ion and maintenance of the W ork and against a l l c la ims , demands, proceed ings, dam ages, cos ts , charges and expenses whatsoever in respec t of or in re lat ion thereto . PROVIDED a lways that noth ing herein contained shal l be deemed to render the Contrac tor l iable for or in respec t of or to the Corpora t ion agains t any com pensat ion or damage caused by the Excepted Risks. The Contrac tor sha l l at a l l t im es indemnif y the Corpora t ion aga ins t a l l c la ims, damages or compensat ion under the prov is ions of Payment of W ages Act 1936, Minimum W ages Ac t 1948, Employers L iab i l i t y Ac t 1938, the W orkmen’s Compensat ion Act 1923, Indus tr ia l D ispute Ac t 1947, Indian Fac tor ies Ac t 1948 and Matern i ty Benef i t Ac t , 1961 or any modi f icat ions thereof and ru les made there under f rom t ime to t im e or as a consequence or any acc ident or in ju ry to any W orkman or o ther persons in or about the W orks , whether in the employm ent of the Contrac tor or not , save and except where such acc ident or in ju ry have resul ted f rom any act of the Corporat ion, their agents or servants , and also agains t a l l cost , charges and expenses of any sui 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 Contrac tor be paid to compromise or compound any such c laim wi thou t l im i t ing h is ob l iga t ions and l iab i l i t ies as above provided. The
Signature of Tenderer No of Corrections Signature of City Engineer
Contrac tor sha l l insure agains t a l l c la ims damages or compensation payab le under the var ious ac ts ment ioned above or any m odi f ica t ions thereof or any o ther law re lat ing thereto . The aforesaid insurance pol ic ies sha l l provide that they shal l not be canceled t i l l the Commiss ioner has agreed to thei r cancel lat ions. The Contrac tor shal l prove to the Engineer f rom t ime to t im e that he has taken out a l l the insurance pol ic ies referred to above and has pa id the necessary premia for keeping the pol ic ies a l ive t i l l the exp iry o f the Defec ts L iabi l i ty Per iod af ter comple t ion of W ork for a per iod of not exceeding 12 months as per d i rec t ives of D irec tora te of Insurance, Maharashtra S tate . The Contrac tor shal l ensure that s imi lar insurance pol ic ies are taken out by h is sub Contrac tors ( i f any) and shal l be respons ib le for any c la ims or losses to the Corpora t ion resu l t ing f rom the ir fa i lure to obta in adequate insurance protec t 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 re levant po l ic y or pol ic ies and prem ium receipts as and when required by the Engineer . I f the Contrac tor and/or h is sub-Contrac tors ( i f any) shal l fa i l to e f fec t and keep in force the insurance referred above for any other insurance which he/ they m ay requ ire to ef fec t under the terms of Contrac t then and in any such case the Commiss ioner may wi thout being bound to ef fec t and keep in fo rce any such insurance and pay prem ium or premia as may be necessary fo r that purpose and f rom t im e to t ime deduct the amount so paid by the Corpora t ion p lus 20 per cent of premium or premia amount as serv ice charges f rom any money due or which may become due to the Contrac tor or recover the same as debt f rom the Contrac tor .
37. Contrac tor to Preserve Peace
The Contrac tor sha l l at a l l t imes dur ing the progress of the W ork take a l l requis i te precaut ion and use h is bes t endeavors for prevent ing any r io tous or un lawful behavior by or amongs t the W orkers and other employed on the W orks and for the preservat ion of peace and protect ion o f the inhabi tants and secur i ty of p roper ty in the neighborhood of the W orks . He sha l l a lso pay the charges of such spec ia l pol ice ( i f any) as the Eng ineer may deem necessary.
38. Protec t ion of Trees
Trees des ignated by the Engineer shal l be protec ted f rom damage dur ing the course of the W ork and ear th level wi th in one m etre of each such t ree sha l l no t be changed. W here necessary, such t rees shal l be protec ted by tem porary fenc ing. A l l such cos t shal l be borne by the Contrac tor .
39. Maintenance of Under- ground Ut i l i t y Serv ices
A l l the underground ut i l i t y serv ices such as water p ipes , gas p ipes, dra ins , sewers , cables etc . , wh ich may be met up in or about any excavat ion , sha l l i f the Engineer deem i t pract icab le, be proper ly mainta ined and protec ted by the Contrac tor h imse lf or through other agency by means of shor ing, s t rut t ing , p lank ing over , padding or o therwise as d i rec ted by the Eng ineer dur ing the progress of the W ork 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 immedia te ly remedied by the Contrac tor or by o ther agency a t h is own cos t ,
Signature of Tenderer No of Corrections Signature of City Engineer
fa i l ing which the Eng ineer may wi th or wi thout not ice adopt such measures as he may deem necessary a t the r isk and cost of the Contrac tor . I f on the other hand, the Eng ineer cons iders i t im prac t icable for the Contrac tor to main ta 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 said ut i l i ty serv ices , the cos t of such break ing down, rem oval or d ivers ion inc lud ing that o f rebui ld ing, rep lac ing, d iver t ing and re ins tat ing of any such ut i l i ty serv ices shal l be paid to the Contrac tor i f done by h im . However , the cost of prov id ing pumps, chutes or other appl iances as the Engineer may d irec t for the ra is ing or temporary passage of the water or sewage and the cos t of pumping out or removing as of ten as the Eng ineer may direc t , any water or sewage which may escape f rom any such underground ut i l i t y serv ices , shal l be borne by the Contrac tor . The tenderer shal l contact a l l the publ ic bod ies , etc . to know the under-ground serv ices that may be encountered by h im / them dur ing the execut ion of the W ork and account for the consequences of the s i te res tra in ts whi le subm it t ing thei r tenders . No compensation / cos t shal l be payable on account of any under -ground serv ices which obs truc ts the W ork and cause de lay.
40. Precaut ions for W orks in Thorough-Fares
W hile the execut ion of any W ork is in progress in any s t reet or thoroughfare the Contrac tor at h is own cost shal l make adequate provis ion for the passage of t raf f ic , f or secur ing safe access to a l l prem ises approached f rom such s treet or thoroughfare , and for any drainage, water supply, or m eans of l ight ing or any o ther ut i l i t y serv ice wh ich may be in terrupted by reason of execut ion of the W ork. W henever i t may be necessary to s top the t raf f ic in any s t reet or thoroughfare perm iss ion m ust f i rs t be obta ined f rom the Eng ineer and the Contrac tor shal l then put up such bar r iers and adopt such o ther measures or take precaut ions as m ay be necessary or as the Eng ineer may di rec t fo r regulat ion o f t raf f ic . The W ork sha l l in such cases be executed n ight and day or for as long a per iod as prac t icable i f so ordered by the Eng ineer , and wi th such speed & v igour as he may require, so that the t raf f ic may be impeded for as shor t a t im e as poss ib le. The Contrac tor shal l remove the bar r ie rs as soon as the necess i ty for them has ceased. Care sha l l be taken by the Contrac tor to cause the leas t poss ib le obstruc t ion to t raf f ic dur ing the progress of the W ork .
41. Traf f ic The contrac tor sha l l have to m ake a l l necessary ar rangements for regu lat ing t raf f ic day and night dur ing the per iod o f cons truc t ion and to the ent i re sa t is fac t ion of the Eng ineer . This inc ludes the cons truc t ion and main tenance of d ivers ions , i f necessary, a t no extra cost to the Corpora t ion. The contrac tor 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 la tes t Motor Vehic le Rules and Regulat ions and for t raf f ic safety. The contrac tor shal l be respons ib le for a l l c la ims for the acc idents which may ar ise due to h is negl igence whether in regulat ing t ra f f ic or in s tack ing mater ia ls on the road or by any o ther reason.
Signature of Tenderer No of Corrections Signature of City Engineer
42. Pumping out W ater
The Contrac tor wi l l be requ ired to prov ide and operate a t h is own cost a l l pumps, engines and mach inery requis i te to keep the t renches for the sewer , dra ins or foundat ions and al l other excavat ions c lear of water whether subsoi l wa ter , s torm waste or leakage f rom tanks, we l ls , d ra ins , sewers , wa ter -mains, t ide wa ter etc . so that there m ay be no accumulat ion of such water and no set t ing out may be done, no m asonry may be la id, no concrete depos i ted , no jo in ts made and no measurements taken in water . The pumping shal l be cont inued so long af ter the execut ion of any por t ion o f the W ork as the Engineer may cons ider necessary for the W ork to set . For the purpose of keep ing the excavat ions as dry as poss ib le the W ork would , i f necessary be d iv ided into sect ions or separate por t ions as per bes t Engineer ing pract ices and temporary dams wi l l have to be put up by the Contrac tor , sumps for the suc t ion p ipes to W ork in, wi l l have to be excavated by the Contrac tor a t such dis tances apar t and to such depths as the as per bes t Engineer ing pract ices. W hen the W ork progresses other sumps mus t , f rom t im e to t ime, be excavated by the Contrac tor , d isused sumps being f i l led up by h im wi th dry rubble carefu l ly hand packed to the sat is fac t ion of the Engineer . The Contrac tor wi l l no t be paid extra for any temporary dams or sumps or the ir removal or ref i l l ing nor wi l l such W orks be taken into measurement in any way, un less otherwise provided. The Contrac tor shal l not a l low any accumula t ion of water e i ther f rom the Discharge of h is dewater ing pumps or h is wa ter connec t ions on s i te of h is W ork . The Contrac tor shal l make proper provis ion for leading the pumped discharge to the nearest water entrance, s torm water dra in , manholes, or wa ter course by means of a wooden or G. I . channel or hose p ipe. Under no c i rcumstances the d ischarge wi l l be a l lowed to f low, a long a paved sur face. I f an accumulat ion is unavoidable , i t shal l be t reated wi th insec t ic ides to the sat is fac t ion of the Engineer . In case of fa i lu re to do th is on the par t of Contrac tor such accumulat ion shal l be t reated by the Corporat ion a t the r isk and cost of the Contrac tor . The contrac tors should note that under no c i rcumstances any paym ent fo r pumping out water f ind ing i ts way into t renches , h i l l cut t ing, excavated p i ts , W orks s i te etc . f rom whatever sources wi l l be perm iss ib le un less o therwise spec if ica l ly m ent ioned in the tender .
43. S torage of
Explos ives
The Contrac tor shal l obta in the previous perm iss ion of the
competent author i ty such as the Chief of F i re Services for the S i te, m anner and m ethod of s tor ing exp los ives near
the s i te of W ork . A l l handl ing of explos ives, inc lud ing s torage, t ranspor t shal l be carr ied out under the ru les
approved by the “Explos ives Depar tment of the Government” .
44. Fac i l i t ies to the Other
Contrac tors
The contrac tor sha l l , in accordance wi th the requ irements of the Engineer , af ford a l l reasonable fac i l i t ies to o ther
Contrac tors engaged contemporaneous ly on separate Contrac ts in connect ion wi th the W orks and for
depar tmental labour and labour of any o ther proper ly organisat ion author i ty or s tatutory body which
may be em ployed at the Si te on execut ion of any W ork not inc luded in the Contrac t or of any Contrac t which the
Signature of Tenderer No of Corrections Signature of City Engineer
Corpora t ion may enter in to in connect ion wi th or anc i l lar y
to the W orks .
45. Prevent ion of
Mosqu i to
Breed ing at
Cons truc t ion
S i te
( i )The contrac tor shal l on the respec t ive construc t ion s i te
ins ta l l m osqui to proof and access ib le water s torage tanks
or to cover / protec t the present water s torage tanks
proper ly.
( i i ) The contrac tor shal l per iodical ly g ive larvaec idal
t reatm ent to water s torage tanks , s i tes of water
s tagnat ion, water col lec t ion .
( i i i ) Any expendi ture that m ay be incurred by the
Corpora t ion to ensure that the above condi t ions are
fu lf i l led by the cont rac tor wi l l be deb i tab le to contrac tors
account and wi l l be recovered f rom the bi l ls of the
contrac tor f rom t ime to t im e.
46. San i tat ion
The Contrac tor sha l l , a t h is own cost , make al l necessary prov is ions for heal th and safe ty of h is labour / employees . He sha l l , when requi red by the Engineer , provide proper lat r ines and ur inals to the sat is fac t ion of the Engineer in such numbers and in such local i t ies as he may requ ire , and shal l take al l s teps necessary to compel h is labour / employees to resor t to such lat r ines and ur inals , and shal l d ism iss f rom his employm ent and remove f rom the W orks any one detected obeying the cal ls of nature in any p lace other than the conven iences al lo t ted for such purposes . The sa id la t r ines shal l be under the super intendence and orders of the Engineer or h is subordinates.
47. Not to A l low Huts
The Contrac tor sha l l , on no account , a l low any huts to be erec ted on Corporat ion proper ty un less o therwise perm it ted by the Engineer in wr i t ing , to be inhabi ted af ter sunset by anyone except the watchmen requ ired for the W orks, and none of h is employees , except such watchmen as aforesaid , sha l l s leep a t n ight on any par t of the W orks . In case of any o f fence commit ted by any o f the labour or employees of the Contrac tor agains t any of the provis ions of th is condi t ion the Contrac tor shal l be l iab le to a penal ty not exceeding Rupees Hundered for every such of fense and the sam e shal l be charged to the account of the Contrac tor .
48. Treasure Trove Foss i ls e tc .
A l l f oss i ls , coins , ar t ic les of value or ant iqui ty and s truc tural and o ther remains th ings o f geolog ical or archaeo log ica l in teres t d iscovered in or upon the s i te shal l be absolute proper ty o f the Corpora t ion and the Contrac tor shal l duly preserve them and sha l l take precaut ions to prevent h is W orkmen or any o ther person f rom removing or damaging any such ar t ic les or th ing and sha l l immedia te ly upon discovery thereof and before removal acquain t the Engineer wi th such discovery and sha l l f rom t ime to t ime del iver the same to such person or persons as the Engineer may f rom t im e to t ime appoin t to rece ive the same at the expense o f the Corpora t ion.
49. Patent ’ R ight and Roya l t ies
The contrac tor shal l save harm less and indem nif y the Corpora t ion f rom and agains t a l l c la ims and proceedings for or on account of in f r ingement of any Patent r igh ts , des ign t rademark or name of other protec ted r igh ts in respec t of any construc t ional p lant , m achine W ork, or mater ia l used for or in connec t ion wi th the W orks or any o f them and f rom and aga ins t a l l c la ims , proceedings , damages , costs , charges and expenses whatsoever in respect thereof or in re la t ion
Signature of Tenderer No of Corrections Signature of City Engineer
thereto. Except where otherwise spec if ied , the contrac tor shal l pay a l l tonnage and o ther roya l t ies , rent and other paym ents or compensat ion, i f any, for get t ing s tone, sand, gravel , c lay or o ther mater ia ls required for the W orks or any of them.
50. Quarry i ) Quarry for ex trac t ion of murum , s tone, rubble or any other mater ia l shal l not be m ade avai lable by the corporat ion the contrac tor has to make h is own ar rangements for quar ry a t h is cos t. i i ) The successfu l tenderer sha l l submit quarry perm it f rom the competent author i ty before s tar t ing the W ork.
51. Photographs of The W orks
No photographs of the W ork or any par t there of or equ ipm ent employed thereon sha l l be taken or perm it 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 approva l of the Engineer in wr i t ing and no such photographs sha l l be publ ished or o therwise c i rculated 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 requi red under any Government Author i ty , Ins trument , ru le or order made under any Ac t of par l iament, s ta te laws or any regula t ion or Bye- laws of any local author i t ies or pub l ic ut i l i t ies concern re la t ing to W orks . He shal l before making any var ia t ion f rom the contrac t drawings necess i tated by such compl iance g ive to the Engineer a not ice g iv ing reasons for the proposed var iat ion and obta ined Engineer ’s ins truc t ions thereon. ( i i ) The contrac tor shal l pay and indem nif y the Corporat ion aga ins t any l iabi l i ty in respect 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 pub l ic ut i l i t y concern in respec t o f the W orks.
53. Not ices Subject as o therwise prov ided in th is contrac t a l l no t ice to be g iven on beha l f of the Corporat ion and al l other ac t ions to be taken on i ts beha lf may be given or taken by the Engineer or any of f icer for the t im e being entrus ted wi th the funct ions , dut ies and powers of the Engineer . A l l ins truc t ions , not ices and communicat ions etc . under the contrac t shal l be g iven 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 Contrac tor sha l 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. Spec i f ica t ions
In case where no par t icular spec i f ica t ion is g iven for any ar t ic le to be used under the contrac t , the re levant spec if icat ion , where one B. I .S . ex is ts , o f the Bureau of Indian Standards sha l l app ly.
PART – I I I WORK PROCEDURE
55. Possess ion of S i te and Access Thereto.
The Corporat ion wi l l , w i th the Engineer ’s not ice to commence the W orks , g ive to the Contrac tor possess ion of the S i te. Such access, as is in accordance wi th the Contrac t , is to
be provided by the Corporat ion as may be required to enable the Contrac tor to commence and proceed wi th the
execut ion of the W orks in accordance wi th the programme referred to in Clause 86 i f any, and otherwise in accordance wi th such reasonable proposals as the
Signature of Tenderer No of Corrections Signature of City Engineer
Contrac tor shal l , by not ice to the Eng ineer make.
The Corporat ion wi l l , f rom t ime to t ime as the W orks proceed, g ive to the Contrac tor possession o f such fur ther
por t ions of the S i te as may be requ i red to enab le the Contrac tor to proceed wi th the execut ion o f the W orks wi th due dispatch in accordance wi th such programme or proposa ls , as the case may be.
56. Fa i lure to Give Possess ion
The contrac tor should note that the s i te for W ork may be made ava i lab le by the Corporat ion in fu l l o r in par t and that the contrac tor shal l p lan h is W orks to commensurate wi th the hand ing over the s i te. No c la im of compensat ion on account of delay in mak ing avai lable the Si te shal l be payable to the contrac tor . However , t im e extens ion for complet ing the W ork shal l be g iven to the Contrac tor in case of such delay.
57. Unforeseeable Phys ica l Obstruc t ions or Condi t ions
I f , however , dur ing the execut ion of the W orks the Contrac tor encounters phys ica l obs truc t ions or phys ical condi t ions , o ther than c l imat ic condi t ions on the Si te , wh ich obstruc t ions or cond i t ions were, in h is op in ion, not foreseeable by an exper ienced contrac tor , the Contrac tor shal l f or thwi th g ive not ice thereof to the Eng ineer . On rece ipt of such not ice , the Eng ineer shal l , i f in h is opin ion such obs truc t ions or condi t ions cou ld not have been reasonably foreseen by an exper ienced contrac tor , af ter due consul tat ion wi th the Contrac tor , determ ine: any ex tens ion of t ime to which the Contrac tor is en t i t led under Clause 80.
58. Drawings : Cus tody of Drawings
The Drawings sha l l remain in the sole custody of Engineer , but two copies thereof ’ shal l be furn ished to the Contrac tor f ree of charge. The Contrac tor shal l p rovide and m ake a t h is own expense any fur ther cop ies requi red by h im . At the complet ion of the Contrac t , the Contrac tor shal l return to the Eng ineer a l l drawings prov ided 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 aforesaid , shal l be kept by the Contractor on the s i te and the same sha l l at a l l reasonable t imes be avai lable for inspect ion and use by the Engineer and the Engineer ’s Representat ive and by any o ther persons organ isat ion by the Eng ineer in wr i t ing .
60. D iscrepanc ies in Drawings or Spec i f ica t ions
The drawings and spec if ica t ions are to be cons idered as mutual ly explanatory of each other , de ta i led drawings being fo l lowed in preference to smal l scale drawings and f igured d imens ions in preference to scale and spec ial condi t ions in preference to general cond i t ions. Spec ia l condi t ions or d imens ions g iven in the spec if icat ions shal l supersede a l l e lse. Should any d iscrepanc ies , however appear , o r should any m isunders tanding ar ise as to the meaning and im por t of the sa id spec if icat ions or drawings , or as to meaning and as to the to the d imens ions or the qua l i ty o f the mater ia ls or the due and proper execut ion of the W orks , or as to the m easurement or qual i ty and va luat ion of the W orks executed under th is Contrac t, or as ex tra thereupon the same shal l be expla ined by the Engineer be b inding upon the Contractor and Contrac tor shal l be execute the W ork according such exp lanat ion (sub jec t as aforesaid) and wi thou t extra charge or deduc t ion to or f rom the contrac t and shal l a lso do al l such W ork and th ings as may be © for the proper complet ion of W orks as impl ied by the Drawings and Spec i f ica t ions , even
Signature of Tenderer No of Corrections Signature of City Engineer
though such W orks and th ings are not spec if ica l ly shown and descr ibed in the sa id Drawings and Spec if icat ions. The f inal dec is ion of the Commissioner in case a reference be made to h im under C lause No. 89 be binding upon the Contrac tor and Contrac tor sha l l execute the W orks accord ing to such explanat ion (sub jec t to a foresa id) and shal l a lso do a l l such W orks and requi red th ings as may be necessary for the proper complet ion of W orks as impl ied by the drawings and spec i f ica t ions , even though such W orks and th ings are not spec i f ica l ly shown and descr ibed in the sa id drawings and spec if icat ions.
61. Eng ineer to have Power to Issue Fur ther Drawings or Ins truc t ions
The Engineer sha l 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 g ive such further ins truc t ions and direc t ions as may appear to h im necessary or proper for the guidance of the Contrac tor and the good and suf f ic ient execut ion of the W orks according to te rms 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 e f fec tual ly as though the same had accompanied or had been ment ioned or refer red to in the spec i f ica t ion. The Engineer may a lso a l ter or vary the leve ls or pos i t ion of any W orks contem plated by the spec if icat ions, or m ay order any o f the W orks contemplated thereby to be om it ted, wi th or wi thout the subs t i tut ion of any other W orks in l ieu thereof , or may order any W ork or any por t ion of W ork executed or par t ia l ly executed, to be removed, changed or a l te red, and i f needful , may order that o ther W orks shal l be subs t i tuted ins tead thereof and di f fe rence of expense occas ioned by any such d im inut ion or a l te rat ion so ordered and di rec ted shal l be added to or deduc ted f rom the am ount of th is Contrac t as prov ided under the C lause No. 101 and 102. No W ork which rad ica l ly changes the or ig ina l nature o f the Contrac t shal l be ordered by the Engineer and in the event o f any dev iat ion be ing ordered which in the opin ion of the Contrac tor changes the or ig inal nature of Contrac t he shal l never theless carry i t out and d isagreement as to the nature of the W ork 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 W orks , sha l l in the event o f any dev ia t ions resu l t ing in addi t iona l cos t over the Contrac t Sum being ordered, be extended or reduced reasonably by the Eng ineer . The Engineer ’s dec is ion in th is case sha l l be f inal .
62. Levels
A l l levels refer red to in connec t ion wi th these W orks are based on Great Tr igonometr ic survey (G.T.S.) levels . The Contrac tor should a lso keep the level ing ins trument in good W ork ing condi t ion through out the per iod o f cons truc t ion W ork on s i te.
63. Set t ing Out the W ork.
The Engineer sha l l supply d im ens ioned drawings , leve ls and other informat ion necessary to enable the Contrac tor to se t out the works . The Contrac tor shal l p rovide a l l se t t ing out apparatus at h is own cost, such as leve l ing ins truments in good work ing cond i t ion and appl iances , a l l pegs, rang ing rods, long measur ing rods, marked metres and organisat ion and each metre and organ isat ion numbered, pots and s ight- ra i ls , boning rods, moulds , tem pla tes , etc . together wi th any reasonable number of labourers that may be required and set out the work and
Signature of Tenderer No of Corrections Signature of City Engineer
be respons ib le for the accuracy of the same. The Contrac tor shal l amend a t h is own cos t 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 al l bench marks used in set t ing out the work t i l l the end of Defec ts L iabi l i t y per iod unless the Engineer d i rec ts i ts ear ly rem oval . The Contrac tor should a lso keep level ing ins trument in good work ing condi t ion throughout the per iod of construc t ion work on s i te.
64. W orks Closed
Between
Sunset and
Sunr ise or on
Sundays and
Hol idays
No W ork shal l be done between sunset and sunr ise or on
Sunday or Munic ipal hol idays and except wi th the spec ia l
sanc t ion of the Engineer in wr i t ing prev ious ly obta ined and
the wi thho ld ing o f such sanc t ions shal l be no ground of
complaint on the par t of contractor or cause for
compensation to h im, or excuse for not complet ing the
W ork wi th in the contrac t per iod. The per iod wi th in which
the W ork has to be car r ied out and comple ted has been
f ixed in terms of th is c lause wi th the prov is ion that the
tota l num ber of hours of W ork perm iss ib le shal l not exceed
48 hours in a week and in no case more than 8 hours on
any W ork ing day, the ac tual t im e wi th in wh ich the said
hours sha l l be W orked being sub jec t to mutual
ar rangements wi th the Contrac tor at the commencement of
the W orks or f rom t im e to t ime as may be requ ired and
prov ided that a l l W orks sha l l be s topped for res t and
meals for one hour a t about m id-day exc lus ive of the
perm iss ib le hours aforesa id for the W orks .
Though sanct ion m ay be accorded to the Contrac tor to
W ork on days and at t im es otherwise normal ly non-
perm iss ib le under th is Contrac t , the Contrac tor shal l be
requi red to bear the cost for such supervis ion as in the
opin ion of the Eng ineer may be necessary at these t imes.
I t should be dis t inc t ly unders tood that the grant ing of
perm iss ion to W ork extra hours or to Work on Sundays and
hol idays wi l l be ent i re ly a t the d isc re t ion of the Eng ineer
and cannot be c la imed by the contrac tor as a matter of
r ight .
I f on the other hand the Eng ineer requires that the W ork
shal l be proceeded wi th on days and at t im es o therwise
normal ly non-perm iss ib le under th is contrac t the
contrac tor sha l l p roceed wi th the W ork but he wi l l not be
requi red in such cases to bear the cos t of the Mun ic ipal
es tabl ishment employed a t the t ime.
The contrac tor a t a l l t imes dur ing the continuance of th is
contrac t sha l l in a l l h is dea l ings wi th loca l labour for the
t im e being employed on the W orks contem pla ted by th is
contrac t have due regard to a l l local fes t ivals and re l ig ious
or o ther customs and al l d isputes , matters and quest 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 wi th
respec t to any matter or th ing in any way connec ted wi th
th is contrac t sha l l be dec ided by the Commiss ioner whose
dec is ion shal l be f ina l and b ind ing on al l par t ies .
65. W ork to be in Accordance wi th Contrac t .
The Contrac tor shal l execute and complete the W orks and remedy any defects therein in s t r ic t accordance wi th the Contrac t to the sat is fac t ion of the Eng ineer .
Signature of Tenderer No of Corrections Signature of City Engineer
66. Dut ies and Powers of the Eng ineer ’s Representat ive
The dut ies of the representat ive o f the Engineer are to check, watch and supervise W ork and to tes t and exam ine any m ater ia l to be used or W orkmanship employed in connec t ion wi th the W orks . He sha l 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 provided here under or e lsewhere in the contrac t to order any W ork involv ing delay or any extra paym ent by the Corporat ion or to m ake any var iat ion of or in the W orks. Fai lure of the representat ive o f the Engineer to d isapprove any W ork or mater ia l shal l not pre judice the power of the Engineer thereaf ter to d isapprove such W ork or mater ia l and to order the pul l ing down, rem oval or break ing up thereof . I f the contrac tor shal l be d issat is f ied wi th any dec is ion of the representat ive of the Eng ineer he shal l be ent i t led to re fer the matter to the Eng ineer who sha l l thereupon conf irm, reverse or very such dec is ion.
67. Eng ineer ’s Dec is ion
The whole of the Work shal l be under the d i rec t ion of the Engineer , whose dec is ion shal l be f ina l , conc lus ive and binding on a l l par t ies to the contrac t , on a l l quest ions re lat ing to the construc t ion and meaning of p lans, W ork ing drawings , sect ions and spec if icat ions connec ted wi th the W ork.
68. Ins truc t ions to Contrac tor
The Contrac tor or h is agent sha l l be in at tendance at the s i te (s ) dur ing a l l W ork ing hours and shal l supervise the execut ion of the Works wi th such add it ional ass is tance in each t rade, as the Engineer may cons ider necessary. Orders g iven to the Contrac tor ’s agent shal l be cons idered to have the same force as i f they had been given to the Contrac tor h imse lf . The Engineer shal l communicate or conf i rm h is ins truc t ion to the Contrac tor in respec t of the execution of W ork in a “W orks s i te order Book” main ta ined in the of f ice of the Engineer and the Contrac tor or h is author ised representat ive sha l l conf i rm receip t o f such ins truc t ions by s igning the re levant entr ies in th is book. I f required by the Contrac tor he sha l l be furn ished a cer t i f ied t rue copy o f such ins truc t ion(s) . I f the Contrac tor fa i ls to comply wi th the ins truc t ion(s) of the Engineer , the Engineer may im pose the dai ly penal ty o f Rs.500 (Rupees Five Hundred) for each of such defau l ts . This pena l ty wi l l not prejudice the r ight of the Munic ipal Commiss ioner or the Eng ineer to c la im compensat ion.
69. W ork Order Book
A W ork order book sha l l be main ta ined on s i te and i t shal l be the proper ty o f Corpora t 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 sha l l repor t the compl iance in good t im e so that i t can be checked. The contrac tor wi l l be a l lowed to copy out ins truc t ion therein f rom t ime to t im e.
70. Managem ent Meet ing
E i ther the Engineer or the Contrac tors may requ ire the other to at tend Management meeting. The bus iness of a management meet ing shal l be to rev iew the p lans for remaining W orks. 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 respons ib i l i t y o f the par t ies for ac t ions to be taken is to be dec ided by the Eng ineer e i ther a t the management meet ings or af te r the
Signature of Tenderer No of Corrections Signature of City Engineer
management meet ings and s tated in wr i t ing to a l l who at tend the m eet ings.
71. Mater ia ls (a) Mater ia l to be provided by the Contrac tor : The Contrac tor shal l , at h is own expense, provide a l l mater ia ls requi red for the W orks. A l l mater ia ls to be prov ided by the Contrac tor sha l l be in conform ity wi th the spec if icat ions la id down in the contrac t and the Contrac tor sha l l , f urn ish proof to the sat is fac t ion of the Eng ineer that the mater ia ls so comply. Contrac tor shal l p roduce 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 i f ica t ions etc . Of f icers of the Corporat ion concerned wi th the W ork shal l be ent i t led a t any t ime to inspect and examine any mater ia l in tended to be used in or on the W orks e i ther on the s i te or at fac tory or W orkshop or other p laces where such mater ia ls are assembled, fabr icated or manufac tured or a t any p lace(s) where these are laying or f rom which these are be ing obta ined and the Contrac tor sha l l g ive such fac i l i t ies as may be requi red for such inspect ion and exam inat ion. The mater ia ls brought on s i te outs ide W orking hours shal l be s tacked separate ly t i l l they are inspected by the Engineer or h is representa t ive . A l l mater ia ls brought to the s i te shal l not be rem oved of f the s i te wi thout the pr io r wr i t ten approval of the Engineer . But whenever the W orks are f inal l y comple ted the Contrac tor shal l at h is own expense for thwi th rem ove f rom the s i te a l l surp lus mater ia ls or ig inal ly supp l ied by h im . The Contrac tor sha l l , a t h is own expense and wi thou t delay, supply to the Engineer samples of mater ia ls proposed to be used in the W orks. The Engineer shal l wi th in seven days of supp ly of samples or wi th in such fur ther per iod as he m ay require and int im ated to the Contrac tor in wr i t ing, in form 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 f or thwi th ar range to supply to the Engineer for approval f resh samples comply ing wi th the spec i f ica t ions la id down in the contrac t . The Engineer sha l l have fu l l powers to requi re removal of any or a l l o f the mater ia ls brought to s i te by the Contrac tor wh ich are not in accordance wi th the contrac t spec if icat ions or wh ich do not conform in charac ter or qua l i ty to the samples approved by h im. In case of defaul t on the par t of the Contrac tor in removing the re jec ted mater ia ls , the Engineer sha l l be at l iber ty to have them removed by o ther means . The Engineer shal l have fu l l powers to procure other proper mater ia ls to be subs t i tuted for rejec ted mater ia ls and in the even t o f the Contrac tor refus ing to comply, he may cause the same to be suppl ied by o ther m eans . A l l costs , which m ay at tend upon such removal and/or subs t i tut ion shal l be borne by the Contrac tor . Subject as here inaf ter prov ided in C lause No.98 al l charges on account o f Oc tro i , te rm inal or sa les tax and other dut ies on mater ia l ob ta ined for the W orks f rom any source shal l be borne by the Contrac tor . The Engineer shal l be ent i t led to have tes ts carr ied out as spec if ied in the contrac t for any m ater ia ls suppl ied by the Contrac tor o ther than those for wh ich as s tated above, sa t is fac tory proof has a l ready been produced, at the cos t
Signature of Tenderer No of Corrections Signature of City Engineer
of the Contrac tor and the Contrac tor shal l prov ide a t h is expense al l f ac i l i t ies which the Engineer may require for the purpose. I f no tes ts are spec if ied in the contrac t , and such tes ts are requi red by the Engineer the Contrac tor shal l p rovide a l l fac i l i t ies requ ired for the purpose and charges for these tes ts shal l be borne by the Contrac tor only i f the tes ts d isc lose that the said m ater ia ls are not in accordance wi th the provis ion of the contrac t . The cost of the mater ia ls consumed in tes t sha l l be borne by the Contrac tor in a l l cases except when o therwise prov ided. For car rying out tes ts on soi l , cement, sand, aggregate , br ick and concre te e tc . the s tandard wi l l be as prescr ibed in re levant I .S . The Engineer may direc t the Contrac tors to get the samples of mater ia ls tes ted in CIDCO, PW D, VJTI, I IT , o r any approved labora tory out of those accred i ted by Nat iona l Accred i tat ion Board of Laborator ies , Govt . of Ind ia. The resul ts of the tes ts shal l be b inding on the Contrac tor and Corpora t ion . In case the Contrac tor d isputes the resul ts of tes ts, i t is open for h im to ask for the re- tes t ing in which case the cos t sha l l be borne by the Contrac tor . The dec is ion of the Eng ineer on acceptab i l i t y or re- tes t ing by Corporat ion or tes t ing again independent ly in VJTI or I IT wi l l be b ind ing on both the par t ies to the contrac t .
72. S tock of Mater ia ls Required
(a)The Contrac tor sha l l at h is own expense prov ide and furn ish h imse lf wi th sheds and yards in such s i tuat ions and in such numbers as , in the op in ion of the Eng ineer are requis i te for carry ing ou t the W orks under th is contrac t , and the Contrac tor shal 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 de lay the car rying out the W orks wi th due exped i t ion and the Engineer and his sub-ordinates shal l have f ree access to the sa id sheds or yards a t any t im e for the purpose of inspec t ing the s tock of mater ia ls so kept in hand any mater ia l or ar t ic le, wh ich the Engineer may objec t to , shal l not be brought upon or used in the W ork but shal l be for thwi th removed f rom the sheds or yards by the Contrac tor at h is own cos t . The Contrac tor wi l l however be a l lowed to use for the above purpose the completed por t ion o f the bui ld ings i f avai lable . (b ) General : Cement brought on s i te by the Contrac tors shal l be s tored in waterproof godown wi th two locks on each door . The key of one lock of each door shal l remain wi th the Engineer or h is representa t ive and that of the o ther lock wi th the Contrac tor ’s organ isat ion agent at s i te of W orks so that cement is removed f rom the godown only accord ing to dai ly requirements wi th the knowledge o f both the par t ies .
73. Product ion of Vouchers
The Contrac tor shal l , produce al l quotat ions, invo ices vouchers and accounts or rece ipts e tc . to prove that the mater ia ls suppl ied by h im 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 u t i l i zed on the said W orks .
74. P lant and’
Equ ipment
The Contrac tor shal l a r range at h is own expense al l tools ,
p lant and equ ipm ent requ ired for execut ion of W orks . I f requi red by the Contrac tor and i f avai lable the Corpora t ion
Signature of Tenderer No of Corrections Signature of City Engineer
may supp ly such of the tools , p lant and equ ipment as are
avai lable , to the Contrac tor a t the rates and terms to be spec if ied by the Eng ineer . No too ls , p lant and equ ipm ent
once brought to the W ork s i te sha l l be removed wi thout the wr i t ten perm iss ion or order of the Engineer , unt i l he has cer t i f ied the complet ion of the W ork . I f any Too ls , P lants and equ ipm ent brought on s i te, a re in the op in ion of the Eng ineer inef f ic ient , bad or of in fer ior qua l i ty or are unsui ted for the W orks then such tools , p lant
and equ ipment sha l l not be used on the W orks but sha l l be removed by the Contrac tor a t h is own expense wi th 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 tools , p lant and equ ipm ent be subs t i tuted in l ieu o f that ordered
to be rem oved by the Engineer .
75. Inspect ion & Approva l
A l l W orks embrac ing more than one process shal l be subjec t to examinat 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 defau l t of such not ice, the Engineer shal l be ent i t led to
appra ise the qual i ty and extent thereof . No W ork shal l be covered up or put out of v iew wi thout the
approva l of the Eng ineer or h is organisat ion representa t ive and the Contrac tor sha l l af ford fu l l oppor tuni ty for exam inat ion and measurement of any Work which is about
to be covered up or out of v iew and for examinat ion of foundat ion before permanent W ork is p laced thereon. The Contrac tor sha l l g ive due not ice to the Engineer or h is organ isat ion representat ive whenever any such W ork or foundat ion is ready for examination and the Engineer or h is representat ive shal l wi thout unreasonable delay,
unless he cons iders i t necessary and informs the Contrac tor in wr i t ing accordingly, a t tend for the purpose of
exam ining and measur ing such W ork or exam ining such foundat ions . In the event of the fa i lure of the Contrac tor to
g ive such not ice he shal l , i f required by the Engineer ,
uncover such W ork a t the Contrac tor ’s expense. Depar tmental o f f icers concerned wi th the W orks sha l l have
powers at any t ime to inspect examine any par t of the W orks and the Contrac tor shal l g ive such fac i l i t ies as may
be required for such inspect ion & exam inat ion.
76. Uncover ing
and Making
Good
No par t of the W orks shal l be covered up or put out of
v iew wi thout the approval of the Engineer . The Contrac tor
shal l uncover any par t of the W orks and/or m ake open ing
in or th rough the same as the Engineer may f rom t ime to
t im e direc t fo r h is ver i f 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 par t has been covered up or put out of v iew af ter
being 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 m ak ing
openings in or through, re ins tat ing and making good the
same sha l l be borne by the Corporat ion. In any other case
al l such expenses shal l be borne by the Contrac tor .
77. Contrac tor to
Search
The Contrac tor shal l , i f requi red by the Engineer in
wr i t ing , search under the d i rec t ion of the Eng ineer for the
Signature of Tenderer No of Corrections Signature of City Engineer
cause of any defect , im perfec t ion or fau l t appear ing dur ing
the progress of the W ork or in the per iod of maintenance.
Un less such defect , im perfec 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 W ork car r ied out by the Contrac tor in searching as
aforesaid 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 iable as aforesaid , the cos t of the W ork
carr ied out in searching as aforesa id shal l be borne by the
Contrac tor and he sha l l in such case repa ir , rec t i fy and
make good such defec t, imperfec t ion or faul t , a t h is own
expense.
78. Defaul t of
Contrac tor in
Compl iance
In case of defaul t on the par t of the Contrac tor in carry ing
out such ins truc t ion wi th in the t im e spec i f ied therein or , i f
non, wi th in a reasonable t ime, the Corpora t ion shal l be
ent i t led to em ploy any o ther persons to car ry out the same
and a l l costs consequent thereon or inc idental thereto
shal l , af ter due consul tat ion wi th the Corporat ion and the
Contrac tor , be determ ined by the Eng ineer and shal l be
recoverable f rom the Contrac tor by the Corporat ion f rom
any m onies due or to become due to the Contrac tor and
the Eng ineer sha l l no t i fy the Contrac tor accordingly.
79. Urgent W orks I f any Urgent W ork ( in respect whereof the dec is ion of the
Engineer sha l l be f ina l and binding) becomes necessary
and the Contrac tor is unable or unwi l l ing at once to carry
i t out , the Eng ineer may by h is own or other W ork people ,
carry i t ou t as he may cons ider necessary. I f the urgent
W ork sha l l be such as the Contrac tor is l iab le under the
contrac t to carry out at h is expense al l expense incurred
on i t by the Corporat ion shal l be recoverab le f rom the
Contrac tor and be adjus ted or se t of f agains t 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 W orks as spec if ied in the contrac t Documents shal l be the essence of the contrac t . The execut ion o f the W orks shal l commence f rom the date spec i f ied by the Eng ineer in wr i t ing. I f the Contrac tor fa i ls or neglec ts to commence the execut ion of the W orks as aforesaid , 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 Comple t ion due to Monsoon.
In any case where the t ime prescr ibed for complet ion o f any W ork is exc lus ive of monsoon per iod. No new trench W ork shou ld be s tar ted af ter 15 t h May and ex is t ing t renches are requ ired to be re ins tated by 31 s t May every year . The s i te shal l be c leared in a l l respec t inc lud ing removal of surp lus mater ia l on or before 10 t h June of every year . The monsoon per iod sha l l be deemed to be f rom 10 t h June to 30 t h Sept . o f the calendar year . However , i f the Contrac tor is perm it ted by the Engineer to W ork dur ing any m onsoon. Per iod, a l l such per iod sha l l be taken in to account fo r the ca lculat ing the contrac t per iod on pro-rata bas is as under .
Signature of Tenderer No of Corrections Signature of City Engineer
Cos t of W ork done Ef fec t ive dur ing monsoon days = - - - - - -- -- -- - -- -- - x No. of days of Tota l cos t of Contrac t per iod Contrac t W ork In the event of the Contrac tor fa i l ing to comply wi th th is condi t ion. He sha l l be l iab le to pay as compensat ion as s ta ted in Clause No.90.
82. Extens ion of T ime due to Unforeseen events
I f the work be delayed by – i . Force measure such as ac ts of God, ac t of publ ic
enemy, ac t of government, f loods, ep idem ics e tc . o r i i . Abnormal ly bad weather , or
i i i . Ser ious loss or damage by f i re or iv . C iv i l commot ion, loca l combinat ion of workmen, s t r ike
or lockout af fec t ing any of the trades employed on the work , or
v. Delay on the par t of o ther Contrac tor or t radesmen engaged by the Munic ipal Corpora t ion in execut ing works not fo rm ing par t of the contrac t or
v i . The reasons s tated in cond i t ion No 84 and 85. v i i . Any o ther cause, in the absolu te d iscre t ion of the
Engineer .
Then upon the happening of any such event caus ing de lay, the Contrac tor sha l l immediate ly 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 h is bes t endeavors to prevent or make good the delay and sha l l do a l l tha t m ay be reasonable requ ired to the sat is fac t ion of the Engineer to proceed wi th the work . Request fo r ex tens ion of t ime, to be e l ig ib le for cons idera t ion shal l be made by the Contrac tor in wr i t ing wi th in 14 ( four teen) days of the happening o f the event caus ing delay. The Contrac tor may also, i f prac t icable ind ica te in such a reques t the per iod for wh ich extens ion is des i red. In any such case, the engineer may give a fa i r reasonable extens ion o f t ime for complet ion of indiv idual i tems or groups of i tems of work for which separate per iods of comple t ion are spec if ied in the contrac t or the contac t as whole . The dec is ion of the Eng ineer 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 Contrac tor shal l a lso be paid such compensat ion that in the op in ion of the Engineer is fa i r and reasonable to cover the de lays resu l t ing f rom the provis ions under the sub c lause (e) above. The t ime extended for comple t 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 Contrac tor shal l submi t the t ime schedu le for the W orks in the ‘ f orm of PERT Net W orks or Bar char t . (b ) The schedules sha l l be prepared in d i rec t re la t ions to the t im e s tated in the contrac t Documents for comple t ion of i tems or groups of i tems of W ork and or the contrac t as a whole . I t sha l l indicate the dates of commencement and complet ion of var ious act iv i t ies of the W ork . And should contain no act iv i t ies wi th dura t ion greater than 28 days . Mi les tones would be so determined that a t least 10 percent of the events are m i les tones and no two m i les tones are more than 3 months apart . The Eng ineer may approve the Schedule as submit ted or
Signature of Tenderer No of Corrections Signature of City Engineer
suggest modi f ica t ions as he th inks necessary. The Contrac tor shal l modif y the char t accord ing ly and obta in Eng ineer ’s approva l . (c ) The f inal ized Network may be amended f rom t ime to t im e, i f fe l t necessary by the Contrac tor, wi th the approval of the Eng ineer . (d ) A f ixed sum shal l be he ld in abeyance a t the t im e of the next in ter im paym ent for non-a t ta inment of each m i les tone in the Network and sha l l be re leased on ly on complet ion o f the W ork af ter deduct ing the compensation for delay i f there is Contrac tor ’s faul t as per prov is ion in Clause No. 86 and pena l ty covered under Clause No. 53. The f ixed sum sha l l be : Rs .10,000/- for a l l contrac ts over Rs.25 Lakhs and upto the value of Rs .100 Lakhs. Rs .20,000/- fo r a l l contrac ts over Rs. 1 crore and upto the va lue of Rs .5 crores Rs .35,000/- fo r a l l contrac ts over Rs . 5 crores and upto the value of Rs .10 crores . Rs .50,000/- for a l l contrac ts over Rs .10 crores. I f the at ta inm ent of the m i les tones is de layed for reason not at t r ibu tab le to the Contrac tors no moneys wi l l be he ld in abeyance.
84. D is rupt ion of Progress for Lack of Drawings
The Contrac tor shal l g ive wr i t ten not ice to the Eng ineer whenever p lanning or progress of the W orks is l i ke ly to be delayed or d is rupted unless any fur ther drawing or order , inc lud ing a d i rec t ion, ins truc t 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 requi red and of why and by when i t is requ ired and of any delay or d is rupt ion l ike ly 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 t y of the Eng ineer to issue wi th in a t im e reasonable in a l l the c i rcumstances any drawing or order reques ted by the Contrac tor in accordance wi th the c lause 84 of th is condi t ion the Contrac tor suf fers de lay, then the Engineer shal l take such delay in to account in determ ining any extens ion of t ime to wh ich the Contrac tor is ent i t led under sub-c lause (g) of C lause No. 82 hereof . No moni tory c la im wi l l be enter ta ined on th is account.
86. Monthly Report
The Contrac tors wi l l be required to subm it the month ly progress repor ts by the 2 n d day of the fo l lowing month to the Engineer Fai lu re on the par t of the Contrac tor to subm it monthly repor t in t im e wi l l a t t rac t ac t ion as per Clause No.83.
87. Rate of Progress
I f f or any reason, wh ich does not ent i t le the Contrac tor to an extens ion o f t ime, the ra te o f progress of the W orks or any Sect ion is at any t ime, in the op in ion of the Engineer , too s low to comply wi th the T ime for Comple t ion, the Engineer sha l l so not i fy the Contrac tor who shal l thereupon take such s teps as are necessary, subjec t to the consent of the Engineer , to exped ite progress so as to comply wi th the T ime for Comple t 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 no t ice g iven by the Engineer under th is Clause, the Contrac tor cons iders that i t is necessary to do any W ork at n ight or on loca l ly recognized days of res t , he sha l l be ent i t led to seek the consent of the Engineer so to do. Prov ided that i f any s teps , taken by
Signature of Tenderer No of Corrections Signature of City Engineer
the Contrac tor in meet ing h is obl igat ions under th is Clause, involve the Corporat ion in addi t iona l superv is ion costs , such cos ts shal l be determ ined by the Engineer and shal l be recoverable f rom the Contrac tor , and may be deduc ted by the Corpora t ion f rom any m onies due or to become due to the Contrac tor and the Eng ineer shal l not i fy the Contrac tors accordingly.
88. Suspens ion of W ork
(a) The Contrac tor shal l , on rece ipt of the order in wr i t ing of the Engineer , suspend the progress of the W orks or any par t thereof for such t im e and in such manner as the Engineer may cons ider necessary fo r any o f the fo l lowing reasons : - ( i ) On account of continued non-compl iance of the ins truc t ions of the Engineer or any other defaul t on the par t of the Contrac tor , o r i i ) f or proper execut ion o f the W orks or par t thereof for reasons other than the defau l t of the Contrac tor , o r ( i i i ) f or safety of the W orks or par t thereof . The Contrac tor shal l , dur ing such suspens ion, proper ly protec t and secure the W orks to the extent necessary and carry out the ins truc t ions g iven 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 Contrac tor 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 paym ent under the contrac t . Such suspens ion of paym ent may be cont inued unt i l defau l t shal l have been rec t i f ied.
89. S toppage / A l terat ion / Res tr ic t ion of W ork
1) I f at any t im e af ter the execut ion the contrac t Documents the Engineer sha l l f or any reason whatsoever (other than defaul t on the par t of Contrac tor for which the corporat ion is ent i t led to resc ind the contrac t) des i res that the whole or any par t o f the W ork spec if ied in the tender shou ld be suspended for any per iod or that the whole or par t of the W ork 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 i ng of such des ire and upon the rece ipt o f such not ice the Contrac tor shal l for thwi th suspend of s top the W ork whol ly or in ar t as requ ired, af ter having due regard to the appropr iate s tage at wh ich the W ork should be s topped or suspended so as not to cause any damage or in ju ry to the W ork a l ready done or endanger the safe ty there of provided that the dec is ion of the Eng ineer as to the s tage at wh ich the W ork or any par t of i t cou ld be or could have been safe ly s topped or suspended shal l be f ina l and conc lus ive agains t the Contrac tor . The Contrac tor shal l have no c la im to any payment or compensation whatsoever by reason of or in pursuance of any not ice as aforesaid , on account of any suspens ion, s toppage or cur ta i lm ent except to the ex tent spec if ied hereinaf ter .
2 ) W here the to ta l suspens ion of W ork 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 contrac tual 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
Signature of Tenderer No of Corrections Signature of City Engineer
of the expi ry of the sa id per iod of 90 days , of such in tent ion and requir ing the Eng ineer to record the f inal measurement of the W ork a l ready done and to pay f inal b i l l . Upon giv ing such not ice the Contrac tor shal l be deemed to have been charged f rom h is obl igat ions to comple te the remaining unexecuted W ork under h is contrac t . On rece ipt o f such not ice the Engineer shal l proceed to complete the measurements and make such paym ents as may be f inal ly due to the Contrac tor wi th in a per iod of 90days f rom the receipt of such not ice in respec t of the W ork a l ready done by the Contrac tor . Such paym ent sha l l not in any m anner prejudice the r ight of the Contrac tor to any fur ther compensat ion under the remain ing provis ions of th is c lause.
3) W here the Engineer requi red the Contrac tor to suspend the W ork for a per iod in excess of 30 days a t any t im e or 60 days in the aggregate, the Contrac tor shal l be ent i re to app ly to the Engineer wi th in 30 days of the resumpt ion of W ork af ter such suspens ion for payment of compos i t ion to the extent o f pecuniary loss suf fered by h im in respec t of Work ing machinery remain idea l on the s i te of on the account of h is having and to pay the sa lary or wages of , labour engaged by h im dur ing the said per iod of suspens ion prov ided a lways that the Contrac tor shal l no t be ent i t led to any c la im in respec t of any such W ork ing machinery, salary or wages for the f i rs t 30 days whether consecut ive or in the aggregate or such suspens ion or in respec t or any suspens ion whatsoever occas ioned by unsat is fac tory W ork or any other defaul t on h is par t . The dec is ion of the Engineer in th is regard shal l be f inal and conc lusive agains t the Contrac tor .
4 ) In the event of – i ) Any to ta l s toppage of W ork on not ice f rom Engineer
under sub c lause (1) in tha t beha l f . i i ) W ithdrawal by the Contrac tor f rom the contrac tual
ob l iga t ions complete the rem aining unexecuted W ork under sub c lause (2) on account of continued suspens ion of W ork for a per iod exceeding 90 days. I t sha l 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 W ork or ( i i ) the not ice of wi thdrawal f rom the contrac tual obl igat ions under the contrac t on account of the cont inued suspens ion of W ork ( i i i ) not ice under c lause 20 (1) resu l t ing in such cur ta i lm ent to produce to the Eng ineer sat is fac tory documentary ev idence that he had purchased or agreed to purchase mater ia l f or use in the contrac ted W ork, before receip t by h im of the not ice of s toppage, suspens ion or cur ta i lment and require Government to take over on paym ent such mater ia l at the rated determ ine by the Engineer provided, however , such ra tes shal l in no case exceed the rates a t which the same was acqui red by the Contrac tor . The corpora t 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 W ork as spec if ied in the accepted tender and are of qual i ty and spec if ica t ions approved by the Engineer .
90. L iqu idated Damages for Delay
I f the Contrac tor fa i ls to comple te the W orks and c lear the Si te on or before the Contract or ex tended Date(s ) /per iod(s ) of comple t ion , he shal l , w i thou t pre judice to any o ther r igh t or remedy of Corporat ion on account
Signature of Tenderer No of Corrections Signature of City Engineer
of such breach, pay as agreed compensat ion, am ount ca lculated as s t ipulated be low (or such smal ler amount as may be f ixed by the Eng ineer) on the Contrac t Value of the whole W ork or on the Contrac t Value of the i tem or group of i tems of W ork for wh ich separate per iod of comple t ion are g iven in the contrac t and of which comple t ion is delayed for every week that the whole of the W ork of i tem or group of i tems of W ork concerned remains uncompleted, even though the contrac t as a whole be completed by the contrac t or the extended date of complet ion . For th is purpose the term “Contrac t Value” shal l be the value of the W ork at Contrac t Rates as ordered inc lud ing the value o f a l l dev ia t ions ordered: (a )Comple t ion per iod for @ 1 percent (o r ig ina l ly s t ipula ted per week or as ex tended ) not exceeding 6 months (b ) Complet ion per iod for @1/2 percent (as or ig inal ly s t ipu lated per week as extended ) exceeding 6 m onths and not exceeding 2 years (c )Complet ion per iod (as @ ¼ percent or ig inal ly s t ipu la ted per week or as extended ) exceeding 2 years the under noted percentage of the Contrac t Va lue of the i tem or group of i tems of W ork for which a separate per iod o f complet ion is g iven. W hen 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 rac t ion shal l be propor t ional to the number of days invo lved. Prov ided always that the to ta l am ount of compensat ion for delay to be paid th i s cond i t ion shal l not exceed (a)Comple t ion per iod (as 10 percent or ig ina l ly s t ipu lated or as extended) . Not exceeding 6 months (b) Comple t ion per iod 7 ½ percent (as or ig inal ly s t ipu lated or as extended ) exceeding 6 m onths and not exceeding 2 years (c )Complet ion per iod 5 percent (as or ig inal ly s t ipu la ted or as extended ) exceed ing 2 years The amount of l iquidated damages may be ad jus ted set of f aga ins t any sum payable to the Contrac tor under th is or any other contrac t wi th the corporat ion or f rom the secur i ty depos i t of the Contrac tor ent i re ly at the d iscret ion of the corporat ion .
PART – V BILLS AND PAYMENTS
91. Method of Measurement
Except where any genera l or deta i led descr ipt ion of the W ork in b i l ls o f quant i t ies or schedule of W orks/ i tems/quant i t ies express ly shown to the contrary, b i l ls of quanti t ies shal l be deem ed to have been prepared and measurements sha l l be taken in accordance wi th the procedure set for th in the schedu le of ra tes /spec if icat ions notwi ths tand ing any prov is ion in the re levant s tandard Method o f Measurement or any genera l o r local cus tom . In the case of i tems, wh ich are not covered by the schedule of rates / spec if icat ions, measurement shal l be taken in accordance wi th the re levant S tandard spec if icat ions pub l ished by PW D Govt . o f Maharashtra and for the works not covered in th is publ icat ion; m easurements sha l l be taken as per the codes by Bureau of Ind ian s tandards . .
92. Records and The Contrac tor shal l subm it to the Engineer the month ly
Signature of Tenderer No of Corrections Signature of City Engineer
Measurement
s ta tements of the est imated value of the work completed less than the Cumulat ive am ount cer t i f ied previous ly. The monthly s tatem ents shal l be in the b i l l form 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 m onthly b i l ls shal l be supported wi th deta i led m easurements fo r the gross quant i ty o f the work done du ly deduct ing the gross quant i ty pa id in the previous b i l l . The Contrac tor is perm it ted to copy down the cor rec t ions in the b i l l s paid as per the Eng ineers cer t i f ica t ion. Upon receip t of the b i l l and measurements by the Contrac tors , the Engineer shal l except as otherwise s ta ted ascer ta in and determ ine by measurement the value in accordance wi th the contrac t of work done in accordance therewith . A l l i tems having a f inanc ia l value shal l be entered in measurement Book e tc . as prescr ibed by the corpora t ion so that a complete record is obta ined of a l l the W orks per formed under the contrac t . Measurements shal l be taken jo int ly by the Engineer or h is organ isat ion representat ive and by the Contrac tor or h is organ isat ion representat ive . Before tak ing measurements of any work the Engineer or the person deputed by h im for the purpose sha l l g ive a reasonable not ice to the Contrac tor . I f the Contrac tor fa i ls to a t tend or send an organ isat ion representat ive for measurement af te r such a not ice or fa i ls to counters ign or the objec 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 correc t measurements of the works and sha l l be b inding on the Contrac tor . The Contrac tor shal l , wi thou t any extra charge, prov ide ass is tance wi th every appl iance and other th ings necessary for measurements . Measurements shal l be s igned and dated by both par t ies each day (of tak ing m easurement) on the s i te on complet ion of measurement.
93. Paym ents of B i l l s and Other C la ims
The payment of b i l l s and other c la ims ar is ing out of the contrac t wi l l be m ade by Account Payee Cheque drawn in the nam e of ‘Agency’ .
94. Fu l l Prov is ions
The ra tes inser ted by the corporat ion agains t var ious i tems of W ork deta i led in var ious par ts of schedu led shal l be deemed to inc lude every a l lowance necessary, w i thout ex tra measurement or charge for meeting the requirement of var ious components / par ts of the contrac t Documents (v iz. par t icu lar spec i f ica t ions, PW D of s tandard spec if icat ions, Maharashtra schedu le of ra tes , MOST spec if icat ions, B IS spec i f ica t ions , Spec ia l Condi t ions , preambles and notes to schedule of i tems descr ipt ion o f schedule i tems which shal l a l l be read together and any or of the fo l lowing un less spec if ica l ly provided for the contrary.
a) Compl iance wi th a l l the condi t ions of contrac t inc lud ing Genera l Condi t ions of Contrac t , schedu le of ra tes and Quanti t ies , Par t icu lar Spec i f ica t ions , Drawings inc lud ing Notes thereon, Spec i f ica t ions in s tandard Spec if icat ions of PWD of Maharashtra and MJP re levant Indian Standard Spec if icat ions wherever appl icable . However , in case of any d isc repancy between drawing and
Signature of Tenderer No of Corrections Signature of City Engineer
tender , the tender i tem and spec if icat ion shal l preva i l . I f there is d iscrepancy in tender spec i f ica t ions, the order o f preference shal l be 1 s t spec if icat ion o f Maharashtra S tate PW D, MJP, MOST and las t l y B IS.
b) A l l labour , mater ials , tool and p lants, 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 W orks inc luding was te of mater ia ls , car r iage and car tage, carrying in , return 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 of W orks , local fac i l i t ies for supply of labour and mater ia ls access ib i l i ty ’s to s i tes and al l o ther m atters ef fec t ing the execut ion and complet ion o f the W orks .
d) Duties etc : Paym ents of any Oc tro i , Term inal Tax, Sa les Tax, Turnover Tax, Contrac t Sales Tax, Tol l Tax, Ground Rent , Roya l ty, Environmental Cess, Local Bodies Cess , Taxes or any dut ies on mater ials obta ined for the W orks and any dut ies in respec t of patent r ights .
e) Superv is ion: Competent superv is ion of the W ork. f ) Labour : Reasonable terms and condi t ions of
employment, l iab i l i t y to pay compensat ion, W ages as per s ta tutory enactment ’s , tem porary accommodat ion, sani tat ion, compl iance wi th contrac t labour ac t 1970 (Regulat ion and Abol i t ion) .
g) W ater : Prov is ion of a l l water requi red inc lud ing tem porary p lum bing and connec t ion .
h) Temporary W ork Shops, S tores, Of f ices , Labour Camps etc . Provis ions of such s t ructures required for ef f ic ien t execut ion of the W orks and removing and c lean ing up s i te on complet ion of W orks.
i ) Precaut ions Aga inst R isks: Precaut ions to prevent loss or damage f rom al l or any r isk , insurance of sheds or any tem porary accommodat ion prov ided by the corpora t ion wa tching and l igh t ing, prov is ions per ta in ing to the General Condi t ions of Contrac t .
j ) Notices, Fees etc . : Compl iance wi th s tatutory 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 fec ted by the W orks .
k) Set t ing the W orks inc luding al l apparatus required. l ) S i te Drainage: Removal of a l l water tha t 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 W ork.
m) Execut ion of W ork in W orkmanl ike manner , fac i l i t ies for inspec t ion etc .
n) Rect i f icat ion of bad W ork: Rect i f icat ion and/ or removal and reconstruc t ion of any W ork which (as dec ided by the Eng ineer) has been executed wi th unsound or im perfec t mater ia ls or unsk i l led W orkmanship or of a qua l i ty in fer io r to that contrac ted for , whether dur ing cons truc t ion or reconstruc t ion pr ior to the exp iry of the Defect L iabi l i t y per iod.
o) Respons ib i l i t y for dam ages and loss of a l l cons truc t ion mater ia ls e tc . , at the s i te unt i l handing over to the corporat ion.
p) Removal of Rubbish: Removal of Rubbish & debr is & c lean ing of any d i r t before handing over a l l complet ion of woks .
Signature of Tenderer No of Corrections Signature of City Engineer
q) Cleaning s i te and W orks: Removal by the Contrac tor of f the s i te , of any tools , p la ts & mater ia ls and sweeping bui 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 W ork to the sat is fac t ion of the Eng ineer on or before s t ipula ted the date of complet ion.
s) D if f icu l t pos i t ion: Access ib i l i t y or othe rwise to s i te , easy or d i f f icu l t pos i t ion in W orks .
t ) Errors : Rec t i f icat ion o f a l l de fects dur ing cons truc t ion & defec t l iabi l i t y per iod to the sat is fac t ion of Engineer .
u) Curved W orks e tc . W orks 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 wi th make ’s ins truc t ions in the case of propr ietary ar t ic les , f ac tory made good of precas t i tems.
w) W aste: A l l was te laps, seams, jo ints (rough or fa ir cu t t ing) s t ra ight / rak ing, c i rcular and mak ing good.
x) Ar t i f ic ia l L ights : To inc lude al l l igh t ing /Kerosene or e lec tr ic power as the case may be when need ar ises for use of l ight ing wh i le carry ing out W orks.
Construc t ion of approaches to the s i te o f W ork . Mak ing ar rangements for proper access to Works in the form of s ta i rs , ladders , l i f ts etc . as ordered by the Eng ineer – in – Charge for proper supervis ions , tes t ing and or inspec t ion of W orks inc lud ing mater ia l dur ing cons truc t ion & defec t l iabi l i t y per iod.
95. In ter im Paym ent
Inter im bi l l s shal l be submit ted by the Contrac tor f rom t ime to t im e (but a t an in terval of not less than one month) for the W orks executed. The Engineer shal l a r range to have the b i l ls ver i f ied by tak ing or caus ing to be taken, where necessary, the requis i te measurement of W ork . The jo in t measurement shal l no t be an excuse for the Contrac tor to subm it in termediate b i l ls a t monthly or in terva ls not less than a m onth . A l l in ter im bi l ls sha l l be f i rs t subm it ted by the Contrac tor wi th deta i led m easurements and thereaf ter only the Eng ineer or h is organisat ion representa t ive shal l carry 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 ib le shal l be made on the Eng ineer cer t i f ying the sum to which the Contrac tor is cons idered ent i t led by way o f in ter im payment for a l l the W ork executed, af ter deduct ing there f rom the amount a l ready paid , the secur i ty depos i t / re tent ion m oney and such other amounts as may be deduc t ib le or recoverable in terms of the contrac t. No in ter im paym ent wi l l be admit ted unt i l such t ime the Contrac tor have fu l ly compl ied wi th the requirement o f the Condi t ion 84 concerning submiss ion and approva l of Network Schedule for the W orks , as detai led in Cond i t ion 83. A f ixed sum sha l l be held in abeyance at the t ime of next in ter im payment fo r non a t ta inm ent o f each m i les tone in the Network and sha l l be re leased on ly on a t ta inm ent of the said m i les tone
96. Modi f icat ion of Inter im Cer t i f ica te
An inter im cer t i f icate g iven re lat ing to W ork done or mater ia l de l ivered may be modif ied or correc 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 Eng ineer suppor t ing an in ter im
Signature of Tenderer No of Corrections Signature of City Engineer
paym ent shal l of i tse lf be conc lus ive ev idence that any W ork or mater ia ls to wh ich i t re lates is /are in accordance wi th the contrac t .
97. Income Tax
The Contrac tor shal l pay Ind ian Income Tax on al l paym ents made to h im under the Contrac t , o ther than re imbursements made to h im by the Corporat ion to cover paym ent by Contrac tor of m inor cus tom dut ies etc . , or any other payment, wh ich the Contrac tor may m ake on the Corpora t ion’s beha l f . Under the prov is ions of Sec . 194-C of the Indian Income Tax Act , the Corporat ion is required to deduct Tax wi th surcharge at source a t prevai l ing ra tes f rom the gross amount of each bi l l submit ted. Any expatr iate s i te s ta f f or s taf f not normal ly res idents of India, em ployed by the Contrac tor shal l pay personal Income Tax on al l money earned and pa id in Ind ia. The Contrac tor shal l per form such dut ies in regard to such deduc t ions thereof as may be im posed on him by such laws and regu lat ions .
98. Paym ent of Taxes
The contrac tor shal l pay a l l the taxes d i rec t ly to respec t ive organ izat ions & to the Government. The Corpora t ion shal l not take any respons ib i l i t y fo r any k ind of tax payment to the Government or semi Government bodies at any po in t of t im e. The pr ices quoted by the Contrac tor shal l inc lude a l l customs dut ies , impor t dut ies , exc ise dut ies , bus iness taxes , income and o ther taxes that may be lev ied in accordance to the laws and regulat ion in -force on the Contrac tor ’s Equipment, mater ia ls , supp l ies (permanent , tem porary and consumables ) to be used on or fu rn ished 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 levied or on prof i ts made by h im in respect of the contrac t . The contrac tor shal l per form such dut ies in regard to such deduc t ions thereof as may be im posed on him by such laws and regu lat ions . A l l Charges on account of Octro i , terminal or Sa les Tax and other dut ies on m ater ia l obta ined for the W orks f rom any source inc lud ing the tax app l icable as per Maharashtra Sales Tax Ac t on the t ransfer of proper ty in the goods involved in the execut ion of W orks contrac t (re-enacted) Ac t , 1991 etc . shal l be borne by the Contrac tor . Under the provis ions of the Maharashtra Sales Tax Ac t , the Corporat ion is requ ired to deduc t Turnover Tax at source at the rates prevai l ing at the t ime of paym ents .
The contrac tor shal l submit form – 31 or such o ther forms as are prescr ibed under the said ac t which is requ ired to be produced by the pr inc ip le employer in the events of any not ice by the Sa les Tax Depar tment wi th in one m onth o f issue of le t te r of acceptance.
99. Deduct ion of Contrac t Sales Tax / Turnover tax
The Contrac tors are required to produce their regis t ra t ion for contrac t sales tax / turnover tax to the departm ent before re leas ing the 1 s t R.A . b i l l for the W ork executed by them , fa i l ing which, no paym ent shal l be re lease.
100. Prov is iona l Sums
(1) ”Provis iona l sum” means a sum inc luded in the contrac t
and so des ignated in the B i l l of Quant i t ies for the execut ion of W ork or supp ly of goods , mater ia ls or serv ices or for contingenc ies , wh ich sum may be used, in
Signature of Tenderer No of Corrections Signature of City Engineer
whole or in par t , or not at a l l , a t the d i rec t ion and disc ret ion of the Eng ineer . The contrac t pr ice shal l inc lude only such amounts in respect of the W ork, supply or serv ice to which such prov is iona l sum relate as the Engineer sha l l approve or determine in accordance wi th th is c lause. (2) In respect of every prov is ional sum the Eng ineer shal l have power to order to execute the W ork , inc luding goods , mater ia ls or serv ices to be supp l ied by the Contrac tor . The contrac t pr ice shal l inc lude the va lue o f such W ork executed or such goods , mater ia l or serv ices suppl ied determ ined in accordance wi th Clause 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 respec t of p rovis ional sums.
101. Rates for Excess in I tems
Quant i t ies shown in the tender are approx imate and no c la im sha l l be enter ta ined for quant i t ies of work executed being ei ther m ore or less than those entered in the tender or es t imate . For purpose of th is contrac t , the var iat ions/deviat ions in carrying out the i tems of work shal l not exceed plus or m inus 25 percent of contrac t sum. The dev iat ion/var iat ion in the quant i ty of ind iv idua l i tems shal l not be taken as devia t ion or var iat ion in the contrac t . The d if ference between the to ta l value of the work done and the Contrac t sum as def ined above wi l l be on ly be cons idered for dev iat ion/var iat ion . The Contrac tor shal l ar r ive at the rates af ter carefu l 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 paid a t , the rate ment ioned in the b i l l o f 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 ra te sha l l be worked out based on schedule rate wi th Contrac tors quoted percentage or cur rent d is tr ic t schedule of ra tes wi thou t Contrac tor ’s quoted percentage, wh ich ever is less .
102. Rates for Extra I tems
Rates for such add i t ional a l tered or , subst i tu ted W ork shal l be determ ined as fo l lows : i ) I f rate for add i t iona l , a l tered or subst i tu ted i tem of W ork is spec if ied in the b i l l o f quant i t ies and ra tes , the Contrac tor sha l l carry out the add i t ional , a l tered or subs t i tuted i tem at the same rate, subjec t to 100 above. i i ) I f rate fo r any addi t ional , a l tered or subs t i tu ted i tem of W ork is not inc luded in the b i l l o f quant i t ies and ra tes , such i tem of W ork sha l l be car r ied out at the re levant Corpora t ion’s schedule of rates (Publ ic works Depar tment and M.J .P. schedule o f rates for Thane Dis t r ic t ) prevai l ing at the t im e of execut ion of ex tra W ork (Quoted percentage wi l l not be app l icable) i i i ) I f the ra te for any addi t ional , a l te red or subs t i tuted i tem of W ork cannot be determ ined in the m anner spec if ied in ( i ) & ( i i ) above, or the ra te so determined is found to be unreasonable, then the Contrac tor wi l l be paid a t such fa i r and reasonable ra tes as W orked out by the Engineer on the bas is of mater ia l , labour and opera t ions of cons truc t ion equ ipment required to execute the i tem and al lowing 10 percent to cover prof i ts and overhead charges.
Signature of Tenderer No of Corrections Signature of City Engineer
( iv) The Contrac tor shal l submi t to the Eng ineer h is deta i led rate analys is fo r carry ing out var ia t ion du ly supported wi th quota t ions and o ther support ing Documents wi th in 7 days of wr i t ten ins truc t ions to car ry ou t var iat ions . I f the Contrac tor ’s quotat ion is unreasonable, the Eng ineer orders the var iat ion and makes change to the contrac t pr ice which is based on h is own forecast of the var iat ions on the Contrac tor ’s cost . In case, the rates dec ided by the Engineer are not acceptab le to the Contrac tor , he shal l cont inue wi th the work and mainta in contem porary records of ac tual expenses on day- to-day bas is wi th jo in t assessment/ ver i f ica t ion. The Contrac tor is not ent i t le for paym ent of ac tua l expenses as per jo int records added wi th 10% for prof i t and overheads. D isagreement wi th the ra te f ixed by the Eng ineer sha l l be in formed by the Contrac tor before commenc ing the work of var iat ions , fa i l ing which the rate f ixed by the Engineer shal l be f inal and binding on the par t ies to contrac t.
103. Overpaym ent and Underpayment
W henever any c la im for the paym ent of a sum to the Corpora t ion r ises out of or under th is contrac t aga ins t the Contrac tor the same m ay be deduc ted by the Corpora t ion f rom any sum then due or which at any t ime thereaf ter may become due to the Contrac tor under th is contrac t and fa i l ing tha t under any contrac t wi th the Corpora t ion or f rom any other sum due to the Contrac tor f rom the Corpora t ion (which may be ava i lable wi th the Corpora t ion) or f rom h is secur i ty depos i t / re tent ion money, or he shal l pay the c la im on dem and. The Corporat ion reserves the r igh t to carry out pos t paym ent aud i t and techn ica l examinat ion of the f ina l b i l l inc lud ing al l support ing voucher , abs trac ts etc . The Corpora t ion fur ther reserves the r ight to enforce recovery of any over paym ent when detected. I f as a resu l t of such audi t and technica l examinat ion any overpayment is d iscovered in respec t of any W ork done by the Contrac tor or a l leged to have been done by h im under the Contrac t , i t shal l be recovered by the Corpora t ion f rom the Contrac tor by any or a l l of the methods prescr ibed above or i f underpaym ent is d iscovered the amount shal l be duly paid to the Contrac tor by the Corpora t ion. Prov ided that the aforesaid r ight of the Corporat ion to adjus t overpaym ent agains t amount due to the Contrac tor under any o ther contrac t wi th Corporat ion shal l not ex tend beyond the per iod o f two years f rom the date of paym ent of the f inal b i l l or 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 Contrac tor under the “Minus” b i l l is communicated to the Contrac tor . Any am ount due to the Contrac tor under th is contrac t for underpaym ent may be ad jus ted against am ount then due or which may a t any t im e thereaf ter become due before paym ent is to the Contrac tor , f rom h im to Corporat ion on any o ther contrac t or account whatsoever .
104. Paym ent of F inal B i l l
F ina l jo int m easurement a long-wi th the representa t ives of the Contrac tor shou ld be taken, recorded and s igned by the Contrac tors . Contrac tor should submi t the f ina l b i l l wi th in 1 m onth of phys ical comple t ion o f the W ork . I f the Contrac tor fa i ls to submit the f inal b i l l wi th in 1 month, the Corporat ion s taf f wi l l p repare the f ina l b i l l based on the jo in t measurement wi th in next 3 months .
Signature of Tenderer No of Corrections Signature of City Engineer
Engineer ’s dec is ion shal l be f ina l in respect of c la ims for defect and pending c la ims aga ins t Contrac tors . No fur ther c la ims shou ld be made by the Contrac tor af ter subm iss ion of the f inal b i l l and these shal l be deem ed to have been waived and ext ingu ished. Paym ent of those i tems of the b i l ls in respec t of wh ich there is no d ispute and of i tems in d ispute , fo r quanti t ies and ra tes as approved by the Commiss ioner shal l be made wi th in a reasonable per iod as may be necessary for the purpose of ver i f ica t ion e tc . Af ter paym ent of the f inal b i l l as aforesaid has been made, the Contrac tor may, i f he so des i res , recons ider h is pos i t ion in respec t o f a d isputed por t ion of the f ina l b i l l and i f he fa i ls to do so wi th in 84 days , h is d isputed c la im shal l be deal t wi th as provided in the contrac t .
105.
Receip ts to be S igned in F irm ’s Name by any One of the Par tners
Every receip t for money which may become payable or for any secur i ty wh ich may become t ransferab le to the Contrac tor under these present sha l l , i f s igned in the par tnership name by any one o f the par tners , be a good and suf f ic ient d ischarge to the Commiss ioner and Corpora t ion in respec t of the money or secur i ty purpor t ing to be acknowledged thereby, and in the event o f death of any of the par tners 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 aforesaid , be good and suf f ic ien t d ischarge as aforesaid prov ided that noth ing in th is c lause contained shal l be deemed to prejudice or ef fec t any c la im which the Commiss ioner or the Corporat ion may hereaf ter have aga ins t the legal representa t ives of any par tners so dying or in respec t of any breach of any of the condi t ions thereof , p rov ided also that noth ing in th is c lause contained shal l be deem ed pre judice or af fec t the respec t ive r ights or obl igat ions of the Contrac tor and o f the legal representat ive o f any deceased Contractors interes t .
106. No Paym ent 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 escalat ion on ind iv idual i tem on account whatsoever and compensat ion for ‘Force Majeure ’ etc . sha l l payable under th is contrac t . De leted.(Separate c lause a ttached)
PART-VI TERMINATION OF CONTRACT AND SETTELEMENT OF DISPUTES
107. Cancel lat ion of Contrac t in Fu l l or in Par t .
I f the Contrac tor : (a ) At any t im e makes defaul t in proceeding wi th the W ork wi th due d i l igence and cont inues to do so af ter not ice in wr i t ing of four teen days f rom the Eng ineer ; o r (b) Commits defaul t in complying wi th any of the te rms and condi t ions of contrac t and does not remedy i t w i 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 Eng ineer , o r (c ) Fai ls to complete the W orks or i tems wi th indiv idua l 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 g ive or agree to g ive to any person in
Signature of Tenderer No of Corrections Signature of City Engineer
Corpora t ion’s Serv ice or to any other person on h is behal f any g i 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 hav ing done or forborne to do any ac t in re lat ion to the obta in ing or execut ion of th is or any other contrac t fo r the Corporat ion , or (e ) Shal l obta in a contrac t 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 indiv idual or a f i rm , any par tner thereof , shal l at any t ime be adjudged insolvent or have a rece iv ing order or order for admin is t rat ion of h is es ta te made aga ins t h im or shal l take any proceedings for l iquidat ion or compos i t ion (other than voluntary l iqu idat ion for the purpose of amalgamat ion or recons truc t ion) under any insolvency act for the t im e be ing in force or make any conveyance of ass ignment of h is ef fec ts or composi t ion or ar rangement for the benef i t of h is credi tors or purpor t so to do, or i f any app l icat ion be made under any Inso lvency Act for the t im e being in force for the seques trat ion of h is es tate or i f a t rus t deed be executed by h im for h is cred i tors , or (g ) Be ing a company, shal l pass a resolut ion or the cour t shal l make an order for the l iquidat ion of h is af fa i rs , or a rece iver or a manager on behalf of the debenture holders shal l be appointed or c i rcumstances shal l ar ise which ent i t le the Court or debenture holders to appoin t a rece iver or a Manager, o r (h) shal l suf fer an execution be ing lev ied on his goods and al low i t to be cont inued for a per iod o f 21 days , or Ass igns, t ransfers , sub lets (engagement of labour on a p iece W ork bas is or labour wi th mater ia ls not to be incorporated in the W ork, shal l not be deemed to be sub-let t ing) or at tem pts to ass ign, t ransfer or sub- let the ent i re W orks or any por t ion thereof wi thout the pr ior wr i t ten approva l of the Commiss ioner ; the Commiss ioner may, wi thout pre jud ice to any o ther r igh t or remedy which shal l have acc rued or sha l l accrue thereaf ter to the Corpora t ion by wr i t ten no t ice cance l the contrac t as a whole or on ly such i tems of W ork in defau l t f rom the contrac t . ( i ) In the case of abandonment of the work owing to ser ious i l lness or death of the Contrac tor .
108. Ac t ion W hen W hole of Secur i ty Depos i t is to be For fe i ted
In the cases ment ioned in above c lause No. 107 the Engineer , on behalf of the corpora t ion shal l have power to adopt any of the fo l lowing forces, as he m ay deem best su i ted to the in terest of the corpora t ion.
a) To resc ind the contrac t ( for which resc iss ion not ice in wr i t ing to the Contrac tor under the head o f Eng ineer shal l be conc lus ive ev idence) and in that case the secur i ty depos i t of the Contrac tor shal l s tand forfe i ted and be absolute ly at the d isposal of Corporat ion
b) To carry out W ork or any par t of the departmental ly deb i t ing the Contrac tor wi th the cos t of the W ork, expendi ture incur red on tools and plan and charges on addi t iona l supervisory s taf f inc lud ing the cos t of W ork charge es tabl ishment employed for get t ing the unexecuted par t of the W ork completed and cred i t ing h im wi th the va lue of the W ork done depar tmental l y in a l l respects in the same manner and at the same ra tes
Signature of Tenderer No of Corrections Signature of City Engineer
as i f i t had been car r 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 o ther a l l ied expenses so incurred and as to the value of the W ork so done departmental ly and sha l l be f inal and conc lus ive aga ins t the Contrac tor .
c) To order that the W ork of the Contrac tor be measured up and to take such par t there of as shal l be on executed out of h is hands , and to g ive i t to another Contrac tor to complete, in which case al l expenses incurred on adver t isement for f ix ing a new contrac t ing agency, add i t iona l superv isory s ta f f inc luding the cos t of W ork charge es tab l ishment and a cos t of W ork executed by the new contrac t agency wi l l be deb i ted to the Contrac tor and the value of the W ork done or executed through a new Contrac tor shal l be c redi ted to the Contrac tor in a l l respec ts and in the same manner and a t the same ra tes as i f i t had been car r ied out by the Contrac tor under the terms of th is contrac t . The cer t i f icate of the Engineer as to a l l the cost of the W ork and other expenses incurred as aforesa id for or in get t ing the unexecuted W ork done by the new Contrac tor and as to the value of the W ork so done sha l l be f inal and conc lus ive aga ins t the Contrac tor . In case the contrac t shal l be resc inded under c lause (a) above the Contrac tor shal l not be ent i t le to recover or be pa id, any sum for any W ork therefore ac tua l ly per formed by h im under th is contrac t un less and unt i l the Eng ineer shal l have cer t i f ied in wr i t ing the per formance of the such W ork and the am ount payable to h im in respect thereof and he sha l l only be ent i t led to be paid 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) be ing adopted and the cost of the executed depar tmental ly or th rough a new Contrac tor and other a l l ied expenses exceeding the value of the such W ork credi ted to the Contrac tor the amount of excess sha l l be deduc ted f rom any m oney due to the Contrac tor , by corpora t ion under the Contrac tor o therwise howsoever or f rom his secur i ty depos i t o r the sale proceeds there of prov ided, however , that Contrac tor shal l have no c la im aga ins t corpora t ion even i f the cer t i f ied value o f W ork done depar tm enta l ly or through a new Contrac tor exceed the cer t i f ied cos t of such W ork and al l i ed expenses , prov ided a lways that wh ich ever of the three courses ment ioned in c lauses (a) , (b) or (c ) is adopted by the Eng ineer , the Contrac tor sha l l have no c laim to compensation for any loss sus ta ined by h im by reason h is hav ing purchased or procured any mater ia ls , o r entered into any engagements , or made any advance on account of or wi th a v iew to the execut ion of the W ork or the per formance of the contrac t .
109. Ac t ion W hen the Progress of any Par t icular Por t ion of the W ork is Unsat is fac tory
I f the progress of any par t icular por t ion of the W ork is unsat is fac tory the cond i 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 not ice in wr i t ing . The Contrac tor wi l l have no c la im for compensat ion, fo r any loss sus ta ined by h im owing to such act ion.
110. Contrac tor Remains
In any case in wh ich any o f the powers confer red upon the Engineer by c lauses 108 & 109 hereof shal l have become
Signature of Tenderer No of Corrections Signature of City Engineer
L iab le to Pay Compensat ion i f Ac t ion not Taken Under C lause 108 and 109
exerc isab le and the same shal l not have been exerc ised the non exerc ise there of sha l l no t cons t i tute a wa iver of any of the condi t ions thereof and such powers shal l no t wi ths tanding the exc isable in the event of any future case of defau l t by the Contrac tor for which under any c lause hereof he is dec lared l iab le to pay compensat ion amount ing to the whole of th is secur i ty depos i t and the l iabi l i t y of the Contrac tor for pas t and future compensat ion shal l remain unaf fected.
111. Power to take possess ion of or require removal or sel l Contrac tors p lant
In the event of Engineer tak ing act ion under sub c lauses (a) or (c ) c lause 108, he m ay i f he so des ires , take possess ion of a l l any too ls and plant , mater ia ls and s tore in or upon the W ork of the s i te thereof or be long ing to the Contrac tor , or procured by h im and intended to be uses for the execut ion of the W ork or any par t thereof paying or a l lowing for the same in account a t the contrac t ra tes or in the case of contrac t ra tes not being appl icab le at current market rates 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 a l 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 le rk of the W ork foreman or other author ises agent requi res h im to remove such tools and plant , m ater ia l , o r 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 rem ove them at the Contrac tor ’s expenses or sel l them by auct ions or pr ivate sa le on account of the Contrac tor and at th is r isk in a l l respec t and the cer t i f icate of the Eng ineer as to the expenses of any such removal and the am ount of the proceeds and expensed on any such sa le shal l be f inal and conc lus ive agains t the Contrac tor .
112. No Interes t for Delayed Paym ents Due to D isputes e tc .
I t is agreed that the Corpora t ion of or i ts Engineer or Of f icer sha l l no t be l iable to pay any in terest or damage wi th respect to any moneys or ba lance which may be in i ts or i ts Engineer ’s or of f icer ’s hands owing to any d ispute or d i f ference or c la im or mis-unders tanding between the Corpora t ion of or i ts Engineer or Of f icer on the one hand and the Contrac tor on the other , o r wi th respec t to any delay on the par t of the Corporat ion of Nav i Mum bai o r i ts Engineer or Of f icers in m ak ing per iod ical or f inal payments or in any o ther respect whatever . Payment to the Contrac tor of the amount due under each of the inter im payment cer t i f icate issued by the Eng ineer shal l be m ade by the Corporat ion wi th in 45 (For ty F ive) days i f such cer t i f ica te being del ivered. I f the Corpora t ion makes late paym ent, the Contrac tor is to be pa id in teres t on the late paym ent in the next paym ent. In teres t sha l l be ca lculated f rom the date by which the paym ent should have been made upto the date when the late payment is made at 6% per annum . I t i s a te rm under th is contrac t that paym ent of in teres t in excess of 6% is barred on any amount payab le to the Contrac tor on any account . I t is d is t inc t ly unders tood and agreed between the par t ies hereto that paym ent fo r W ork a l ready executed by the Contrac tor is not a condi t ion precedent under th is contrac t for the execut ion of the rem aining W ork.
113. Jur isdic t ion In case of any c la im , d ispute or d if ference ar is ing in respec t of a contrac t , the cause of ac tion thereof shal l be deemed to have ar isen in Nav i Mumbai and al l legal
Signature of Tenderer No of Corrections Signature of City Engineer
proceed ings in respect of any such c la im, d ispute or d i f ference sha l l be ins t i tuted in a competent cour t in the Ci ty of Navi Mumbai only.
114. F inal i ty of Dec is ion and Non-Arbi t rabi l i t y
SETTLEMENT OF DISPUTES
I f a d ispute/ d isputes of any k ind whatsoever ar ises between the Contrac tor and Engineers representat ive the same sha l l be referred to the Eng ineer for h is dec is ion wi th deta i led jus t i f ica t ion . Such reference shal l be s tated that i t is in pursuance to th is c lause for rev iew and giv ing dec is ions by the Engineers . The Eng ineer shal l g ive h is dec is ion wi th in 14 days of rece ipt 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 g ive the dec is ion wi th in the per iod of 14 days f rom the date of receipt of not ice under th is c lause, such a d ispute may be refer red to Arb i t ra t ion as per Clause No. 115.
115. Arbi t ra t ion Except where, o therwise prov ided for in th is contrac t , a l l quest ions and d isputes re lat ing to the m eaning of ins truc t ion hear in before ment ioned or as to any other quest ion, c la im , r ight , m atter of handing whatsoever , i f any ar is ing out of or re lat ing to th is contrac t , spec if icat ion , es t imates , Ins truc t ions, orders or these condi t ions or otherwise concern ing the works, or the execut ion or fa i lu re to execute the same where ar is ing dur ing the progress of the work or af ter comple t ion or abandonment thereof of any matter d i rec t ly or ind irec t ly connected wi th th is agreement shal l be referred to the so le Arbi t rat ion of the Munic ipal Commiss ioner of Nav i Mumbai Corporat ion , C.B.D., Nav i Mumbai and i f the Munic ipa l Commiss ioner is unable or unwi l l ing to ac t as such, then the m atter in d ispute shal l be refer red to sole Arb i t ra t ion or such other person appoin ted by the Mun ic ipal commiss ioner who is wi l l ing to ac t as such Arb i t ra tor . In case, the Arbi trator so appoin ted is unab le to ac t for any reasons, the Munic ipal Commiss ioner in the event of such inab i l i t y , shal l appoin t another person to ac t as Arbi t rator in accordance wi th 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 a t wh ich i t was lef t by h is predecessors . I t is a lso a term of th is contrac t that no person other than a person appointed by the Munic ipal Commissioner as aforesa id shou ld ac t as an Arbi trator . As aforesaid the provis ions of the arbi t rat ion and conc i l ia t ion act 1996 or any s tatu tory m odif ica t ion or Reenactment there of and the ru les made there under and for the t ime being in fo rce shal l apply to the arbi t rat ion proceed ings under th is c lause.
116. Laws Govern ing The Contrac t
This contrac t shal l be governed by the Ind ian Laws for the t im e be ing in force.
PART –VI I WORK COMPLETION & DEFECT LIABILITY
117. C learance of S i te on Comple t ion
Upon the issue of any Tak ing over cer t i f ica te the Contrac tor shal l c lear away and rem ove f rom that par t o f the s i te to wh ich such Tak ing-over Cer t i f ica te re lates a l l Contrac tor ’s equipment, surplus mater ia ls , rubbish and tem porary W orks of every k ind, and leave such par t of the s i te and W orks c lean and in a W orkman l ike condi t ion to the sat is fac t ion of the Eng ineer . I f the Contrac tor does not
Signature of Tenderer No of Corrections Signature of City Engineer
c lear the s i te wi th in 15 days a l 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 cost of the Contrac tor .
118. Submiss ions of F inal Comple t ion Drawings
On comple t ion of the W ork, the Contrac tors shal l f urn ish 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 deta i ls checked and s igned by the Eng ineer wi th in 2 months of complet ion of W orks. The paym ent of f ina l b i l l shal l be made to the Contrac tors af ter receipt of above sets . In case the Contrac tor fa i ls to submi t the comple t ion drawings , a compensat ion at the rate o f Rs .5000/- per drawing shal l be recovered f rom the f inal b i l ls
119. Comple t ion Cer t i f ica te
(1 ) As soon as W ork is completed, the Contrac tor shal l g ive not ice of such comple t ion to the Engineer and wi th in 28 (Twenty-e ight) days of receip t of such not ice the Engineer shal l inspect the W orks and shal l f urn ish the Contrac tor wi th a cer t i f icate o f complet ion ind ica t ing (a) the date o f complet ion (b) the defec ts to be rec t i f ied by the Contrac tor , and/or (c) i tems for wh ich paym ent sha l l be made a t reduced rates . W hen separate per iods of comple t ion have been spec if ied for i tems or groups of i tems, the Engineer shal l i ssue separate complet ion cer t i f ica tes for such i tems or groups of i tems. No cer t i f icate of comple t ion shal l be issued, nor the W orks be cons idered to be complete t i l l the Contrac tor sha l l have removed f rom the premises on which the W orks has been executed, a l l scaf fo ld ing, sheds and surp lus mater ia ls , except such as requi red for rec t i f ica t ion o f defec ts , rubbish and al l huts and san i tary ar rangements required for h is W orkers on the s i te in connec t ion wi th the execut ion of W orks as shal l have been erected by the Contrac tor or the W orkmen and c leaned al l d i r t f rom al l par ts of bui ld ing(s ) in , upon or about wh ich the W ork 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 tenings, labeled the keys c lear ly and handed them over to the Eng ineer or h is representat ive and made the whole prem ises f i t for immediate occupat ion or use to the sat is fac t ion of the Engineer . I f the Contrac tor shal l fa i l to com ply wi th any of the requirements of th is Condi t ion as aforesaid , on or before the date o f complet ion of W orks, the Eng ineer may a t the expense of the Contrac tor fu lf i l l such requ irements and dispose of a l l the surp lus mater ia l and rubbish etc . as he th inks f i t and the Contrac tor sha l l have no c la ims in respec t of any such mater ia l except for any sum ac tua l ly real ised by the sale thereof less the cost of fu l f i l l ing the requi rements and any other am ount that may be due f rom the Contrac tor . I f the expense of fu l f i l l ing such requi rement is more than the am ount real ises on such disposa l as aforesa id, the Contrac tor shal l f or thwi th on demand pay such excess. The Contrac tor ’s not ice of complet ion as aforesaid shal l have to be accompanied wi th one set of trac ings of f inal complet ion drawings on RTF and s ix bound sets of copies of as bui l t drawings, fa i l ing which the not ice sha l l be deemed to have not been issued at a l l .
Signature of Tenderer No of Corrections Signature of City Engineer
(2) I f at any t im e before comple t ion of the ent i re W ork , 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 hereinaf ter in th is condi t ion re ferred to as " the re levant par t" ) then not- wi ths tanding anyth ing expressed or impl ied e lsewhere in th is contrac t . W ith in 28days (Twenty-eight days ) o f date o f comple t ion o f such i tems or group of i tems or possess ion of the re levant par t the Engineer sha l l issue a complet ion cer t i f ica te for the re levant par t prov ided the Contrac tor fu lf i l ls h is obl iga t 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 deem ed to have commenced f rom the cer t i f ied date of comple t ion of such i tems or re levant par t as the case may be. (a) For the purpose of ascer ta in ing compensat ion for delay under C lause No. 88 in respec t of any per iod dur ing which the W orks are not comple ted the re levant par t shal l be deemed to fo rm a separate i tem or group, wi th date of comple t ion as g iven in the contrac t or as ex tended under Clause No.80 and ac tual date of complet ion as cer t i f ied by the Engineer under th is cond i t ion . (3) I f any par t of the W ork sha l 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 presc r ibed under the contrac t , the Engineer may issue a cer t i f icate of complet ion in respec t of that par t of the W orks before complet ion of the whole W orks and upon the issue of such cer t i f ica tes , the Contrac tors shal l be deemed to have undertaken to complete any outs tanding W orks in that par t of the W orks dur ing the per iod o f m aintenance.
120. Tak ing Over of W ork
Corpora t ion wi l l take over the W ork at any s tage whenever requi red in the in teres t of pub l ic by g iv ing 10 days not ice to the Contrac tor .
121. Defec ts L iab i l i t y Per iod
The Contrac tor sha l l be respons ib le to make good and remedy at h is own expense wi th in such per iod as may be s t ipula ted by the Engineer any defects wh ich may deve lop or be not iced before the exp iry o f the per iod ment ioned in the Schedule `A ' hereto f rom cer t i f ied date of comple t ion and int im at ion of which has been sent to the Contrac tor wi th in 7 days of expir y of the said per iod by le t te r sent by hand de l ivery or by regis tered post
122. L iab i l i t y fo r Defec ts or Im perfec t ions and Rec t i f ica t ion Thereof
I f i t shal l appear to the Engineer or to h is representa t ive at any t ime dur ing construc t ion or reconstruc t ion or dur ing the defec ts ‚ l iabi l i t y per iod, that any W ork has been executed wi th unsound, imper fec t or unsk i l l f u l W orkmanship or that any mater ia l or a r t ic le prov ided by the Contrac tor for execut ion of thereof the W ork is unsound or of a qua l i ty in fer ior to that contrac ted for , or otherwise, not in accordance wi th the Contrac t , or that any defec t , shr inkage or o ther faul ts have appeared in the W ork ar is ing out of defec t ive or improper mater ia ls or W orkmanship , the Contrac tor shal l , upon receip t of not ice in wr i t ing in that behal f f rom the Eng ineer for thwi th rec t i f y or remove or reconstruc t the W ork so spec if ied in whole or par t , as the case may require or , as
Signature of Tenderer No of Corrections Signature of City Engineer
the case may be, and / o r remove the mater ia ls or ar t ic les so spec if ied and prov ide other proper and sui table mater ia ls or ar t ic les at h is own expense notwi ths tand ing that the same may have been inadver tent ly passed, cer t i f ied and pa id for , and in the event of h is fa i l ing to do so wi th in the per iod to be spec if ied by the Engineer in h is not ice aforesa id the Eng ineer may rec t i fy or remove and re-execute the W ork 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 a t the r isk and cos t of the Contrac tor . In case of repai rs and main tenance W ork, splashes and dropp ings f rom whi tewash ing, pain t ing e tc . shal l be removed and surfaces c leaned s imul taneous ly wi th complet ion o f these i tems of W ork in ind iv idua l rooms, quar ters or prem ises etc . where the Work is done, wi thou t wa i t ing for comple t ion of a l l o ther i tems of W ork in the contrac t . In case the Contrac tor fa i ls to comply wi th requi rement of th is cond i t ion , the Engineer shal l have the r ight to get the W ork done by other means a t the r isk and cost of the Contrac tor . The Engineer shal l g ive three days not ice 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 W orks and also such pena l ty as the Engineer may im pose for such wrongful conduc t of the Contrac tor (wh ich pena l ty, the Engineer sha l l be competent to im pose and aga ins t the im pos i t ion of which or the amount thereof by the Eng ineer an appea l shal l l ie only to the Commiss ioner wi th in seven days of the order in that behal f of the Eng ineer and the dec is ions of the Commiss ioner shal l be f ina l and bind ing upon the Contrac tor ) may be deduc ted f rom any m oney due or to becom e due to the Contrac tor , under th is or any other contrac t between the Contrac tor and the Corpora t ion.
123. Maintenance The Contrac tor sha l l main ta in 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 W ork wi thout any extra cost to corporat ion i r respect ive of the des igns , s tandards and spec if icat ions and ac tua l t raf f ic e tc . The Contrac tor shal l ge t the potholes f i l led up wi th asphal t mix mater ia ls and keep the road sur face in good condi t ion throughout the year . 5 percent amount o f the to ta l Work done sha l l be wi th held f rom runn ing account b i l l fo r the per iod spec if ied in the Contrac t document f rom the date of comple t ion of W ork as maintenance charges of mainta in ing and keep ing the road in good condi t ion. This 5 percent amount wi thhe ld towards main tenance charges shal l be a l lowed to be replaced wi th Bank guarantee or o ther recognized forms at in termedia te s tage, i f so, des ired in wr i t ing. Th is main tenance charges sha l l be in add i t ion to secur i ty depos i t . On comple t ion of the W ork in a l l respec ts , necessary cer t i f ica tes wi l l be issued by the Eng ineer 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 icates A l l damages dur ing execut ion sha l l be m ade good by the Contrac tor a t h is cost . He wi l l be respons ib le fo r any
Signature of Tenderer No of Corrections Signature of City Engineer
damage to the road sur face inc lud ing B.T . surface in ra iny season and dur ing cons truc t ion and guaranteed main tenance per iod and no separate paym ent wi l l be made for resor t ing such damages. Defec t ive W ork is l iable to be re jec ted 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 W ork has been carr ied out . No extra payments sha l l be made for such rec t i f icat ion.
124. Defec ts L iab i l i t y Cer t i f ica te
The Contrac t sha l l not be cons idered as completed unt i l a Defects L iab i l i t y Cer t i f icate shal l have been s igned by the Engineer and del ivered to the Contrac tor , s ta t ing the date on which the Contrac tor shal l have completed h is obl iga t ions to execute and complete the W orks and remedy any defects there in to the Engineer ’s sat is fac t ion . The Defec ts L iabi l i t y Cer t i f icate shal l be g iven by the Engineer wi th in 28 days af ter the exp irat ion of the lates t such per iod, or as soon thereaf ter as any W orks ins truc ted, pursuant to Clauses 121 and have been completed to the sat is fac t ion of the Engineer , Provided that the issue of the Defec ts L iab i l i t y Cer t i f ica te shal l no t be a cond i t ion precedent to payment to the Contrac tor of the Retention Money.
125. Unfulf i l led Obl iga t ions
Notwi ths tand ing the issue of the Defec ts L iab i l i t y Cer t i f icate the Contrac tor and the Corporat ion sha l l remain l iable for the fu lf i l lment of any obl iga t ion incur red under the prov is ions of the Contrac t pr io r to the issue of the Defects L iabi l i ty Cer t i f icate is issued and, for the purposes of determ in ing the nature and extent of any such obl iga t ion, the Contrac t shal l be deemed to remain in force between the par t ies to the Contrac t . Notwi ths tanding the issue of the Defec ts L iab i l i t y Cer t i f icate the Contrac tor and the Corpora t ion shal l remain l iable for the fu lf i l lment of any obl igat ion incur red under the prov is ions of the Contrac t pr ior to the issue of the Defects L iab i l i t y Cer t i f icate is issued and, for the purposes of determ in ing the nature and extent of any such obl igat ion, the Contrac t shal l be deemed to remain in force between the par t ies to the Contrac t .
126. Refund of Secur i ty Depos i t
The amount of secur i ty depos i t lodged by a Contrac tor shal l be refunded along wi th the paym ent of the f ina l b i l l , or af ter the expiry o f the defec t l iab i l i t y per iod which ever is la ter unless the Engineer is of the op in ion that in order to safeguard aga inst defects and pending c la ims against the Contrac tor i t is necessary to re ta in more amount re ta ined as re tent ion m oney.
Signature of Tenderer No of Corrections Signature of City Engineer
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, whichever is more.
Cutting shall be done from top to bottom. Under no circumstances shall undermining or under
cutting be done.
Signature of Tenderer No of Corrections Signature of City Engineer
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:
(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
Signature of Tenderer No of Corrections Signature of City Engineer
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.
Signature of Tenderer No of Corrections Signature of City Engineer
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:-
Signature of Tenderer No of Corrections Signature of City Engineer
ANNEXURE ‘C’
"करारनामा"
नवी मुबंई महानगरपा�लकेच ेवतीन े
शहर अ�भयतंा,
नवी मुबंई महानगरपा�लका.
___________________________
___________________________
___________________________
करारनामा �लहून देणार
कारणे करारनामा �लहून देतो क!, नवी मुबंई महानगरपा�लका महासभा/$थायी स�मती ठराव
'माकं__________मा.आयु)त यांची मजंुर+ ,द. / /201 अ0वय े
_________________________________________________________________________
_________________________________________________________________________
_____________ या कामाची 1न2वदा मजूंर झाल+ आहे.
...2...
Signature of Tenderer No of Corrections Signature of City Engineer
: 2 :
4या5माणे आ6ह+ वर+ल ,ठकाणी पुढ+ल शत8वर बाधंील आहोत.
1. कं:ाटदाराने बँक गॅरंट+>या $व?पात अनामत र)कम 6हणून कं:ाट र)कमे>या 3
ट)के बँकेत ठेवणे आवAयक आहे. उवCDरत अनामत र)कम देय Eबलातून 2 ट)के
दराने वजा करणेची आहे.
2. जनरल टFडर नोट+स 'शुIद+प:ासह' 1न2वदाकारांना सुचना सवC अट+ साधारण अट+,
?परेषा तपशील,1न2वदा द$तऐवज व ि$वकृती प: नं. ---------------------,द. /
/2017 हे सवC कराराचे कागदप: असतील.
3. कं:ाटदाराने आपले काम 1नधाCर+त वळेेतच केले पा,हजे.
4. महापा�लका कं:ाटदारान े 54यR केलेSया कामाची र)कम शेTयूल रेट / कोटेड
पसUटेज5माणे कं:ाटदारास देईल.
5. महापा�लकेन ेजर कं:ाटदारास कोणतीह+ सेवा ,दSयास 4याची र)कम कं:ाटदारान े
महापा�लकेस देणे गरजेच ेआहे.
6. सदर कामा>या संदभाCत एखाZया वळेेस 2ववाद 1नमाCण झाSयास तो 2ववाद ठाणे /
मुंबई 0यायालयां>या ह[ीत 4याचा 1नवाडा होईल.
वर+ल सवC 1नयम व अट+ आ6ह+ काळजीपवूCक वाचSया असनू 4या आ6हाला पूणCपणे मा0य व
बधंनकारक आहेत. हा करारनामा मी राजीखशुीने �लहून ,दला आहे.
,ठकाण :- सी. बी. डी., बेलापूर, नवी मुबंई - 400 614.
,दनांक :- / /2017.
.... 3 ....
Signature of Tenderer No of Corrections Signature of City Engineer
: 3 :
साRीदार करारनामा �लहून देणार
1. $वाRर+
नांव : ________________________ $वाRर+ (कं:ाटदार)
प4ता : ________________________ नांव : ________________________
: ________________________ प4ता : ________________________
: ________________________ : ________________________
2. $वाRर+ : ________________________
नांव : ________________________ रबर+ �श)का
प4ता : ________________________
: ________________________
: ________________________
मनपा $वाRर+ :-
पदनाम :-
शहर अभयतंा
नवी मुबंई महानगरपालका
सामा0य म_ुा
$थायी स�मती>या खाल+ल दोन सद$यांसमR सामा0य मु_ा उमट2व`यात आल+ आहे.
नांव : ________________________ $वाRर+ : ______________________
नांव : ________________________ $वाRर+ : ______________________
Signature of Tenderer No of Corrections Signature of City Engineer
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
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.
Signature of Tenderer No of Corrections Signature of City Engineer
FOR AND ON BEHALF OF M/S._____________________________________
__________________________________________________________________
Place: - __________________
Date: - __________________
S E A L
Notary, Maharashtra State BEFORE ME
Notary, Maharashtra State
Noted and Registered at _________________________________
Serial Number _______________________________
For & on Behalf of Corporation
Accepted By
Signature of Tenderer No of Corrections Signature of City Engineer
ANNEXURE – 9
AFFIDAVIT ON STAMP PAPER OF VALUE OF RS. 100/-
I/We Hereby State That We Are Aware Of The Provisions Of Section 10(1) 10(F) & (G) Of The BMPC
Act. 1949 Which Is Reproduced Below, And Solemnly State That We Have No Partnership Or Any
Share Of The Any Corporator Of Any Corporation In Our Company And Are Not Associated Presently
Or In The Past With Any Of The Office Bearers Of The Navi Mumbai Corporation Either Directly Of
Indirectly.
Extract Of Sec 10 Of BMPC Act:
10 (E) Subject To The Provision Of Section 13 And 404, A Person Shall Be Disqualified For Being
Elected And For Being A Counceller.
10 (F) Subject To The Provisions Sub-Section (2) Has Directly, By Himself Or His Partner Any
Share Or Interest In Any Contract Or Employment With By Or On Behalf Of The
Corporation.”
10(G) “Having Been Elected A Councilor Is Retained Or Employed In Any Professional Capacity
In Connection With Any Cause Of Proceeding In Which By Or On Behalf Of The
Corporation.”
We Are Aware That The Above Information If Found To Be Untrue Or False, We Are Liable To Be
Disqualified And The Earnest Money Accompanying The Tender Shall Stand Forfeited To The
Corporation. We Are Also Aware That If The Information Produced Above If Found To Be Untrue Or
False During The Currency Of The Contract. We Shall Be Held To Default And The Contract, If Any
Awarded To Us, Shall Be Liable To Be Terminated With All Its Concurrences.
Tenderer ………………………………………
Address ……………………………………….
………………………………………
Date The …………….. Day Of ……………… 20 Signature Of Tenderer
Witness ………………………………………
Address ………………………………………
………………………………………
Occupation ……………………………………… Signature Of Witness
Signature of Tenderer No of Corrections Signature of City Engineer
SPECIAL CONDITIONS OF CONTRACT
1.0 General:
A systems approach may be adopted for construction of the bridge, 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
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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.
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 fulfilled as per scheduled A:
Signature of Tenderer No of Corrections Signature of City Engineer
To be eligible for award of the contract, the bidder shall provide satisfactory evidence to the
Corporation of his eligibility, capability and adequacy of resources to carry out the work /
contract effectively.
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
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.
Signature of Tenderer No of Corrections Signature of City Engineer
8.0 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.
9.0 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.
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.
10.0 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.
11.0 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.
Signature of Tenderer No of Corrections Signature of City Engineer
12.0 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.
13.0 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.
14.0 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.
15.0 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.
16.0 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.
17.0 No Price Variation
No price variation clause is applicable for this tender.
Signature of Tenderer No of Corrections Signature of City Engineer
ADDITIONAL SPECIFICATIONS
The specifications generally confirm to MORT & H specifications for Road and Bridge
works 5th Revision 2013.
1. Granular Sub-Base (GSB) The gradation for the GSB (Grade II) material is as follows: IS Sieve Designation Per cent by weight passing the IS Sieve 75.0 mm -- 53.0 mm 100 26.5 mm 70-100 9.50 mm 50-80 4.75 mm 40-65 2.36 mm 30-50 0.425 mm 15-25 0.075 mm 3-10 CBR Value (Minimum) 25 Note: The material passing 425 micron (0.425mm) sieve when tested according to IS:2720 (Part 5 ) shall have liquid limit and plasticity index not more than 25 and 6 per cent respectively. The tests to be conducted with frequency are given below: Test Frequency (min.) (i) Gradation One test per 200 m3 (ii) Atterberg’s limits One test per 200 m3 (iii) Moisture content prior to compaction One test per 250 m3 (iv) Density of compacted layer One test per 500 m2 (v) Deleterious constituents As Required (vi) C.B.R. As Required 2. Wet Mix Macadam (WMM) The physical requirement of coarse aggregate for WMM is as follows: Test Test Method Requirements 1. *Los Angeles Abrasion IS:2386 (Part-4) 40 per cent (max.) value or *Aggregate impact value IS:2386 (Part-4)or 30 per cent (Max) IS:5640 2. Combined Flakiness and IS: 2386 (Part-1) 30 per cent (Max)**
Signature of Tenderer No of Corrections Signature of City Engineer
Elongation Indices (Total) * Aggregate may satisfy requirements of either of two tests. ** To determine this combined proportion, the flaky stone from a representative sample Should first be separated out Flakiness index is weight of flaky stone metal divided by Weight of stone sample Only the elongated particles be separated out from the Remaining (non-flaky) stone metal Elongation index is weight of elongated particles Divided by total non-flaky particles. The value of flakiness index and elongation index so found are added up. If the water absorption value of the coarse aggregate is greater than 2 per cent, the soundness test shall be carried out on the material delivered to site as per IS:2386 (Part-5). The grading requirement is as follows: IS Sieve Designation Per cent by weight passing the IS sieve. 53.00 mm 100 45.00 mm 95-100 26.50 mm ____ 22.40 mm 60-80 11.20 mm 40-60 4.75 mm 25-40 2.36 mm 15-30 600.00 micron 8-22 75.00 micron 0-8
Materials finer than 425 micron shall have Plasticity Index (PI) not exceeding 6 The tests to be conducted with their frequency are given below: Test Frequency (i) Aggregate Impact One test per 200 m3 of aggregate (ii) Grading one test per 100 m3 of aggregate (iii) Flakiness and Elongation Index One test per 200 m3 of aggregate (iv) Atterberg’s limits of portion of Aggregate passing 425 micron sieve one test per 100 m3 of aggregate (v) Density of compacted layer One test per 500 m2 3. DRY LEAN CONCRETE The aggregate gradation for dry lean concrete is as follows: Sieve Designation Percentage passing sieve by weight 26.50 mm 100 19.00 mm 80-100 9.50 mm 55-75 4.75 mm 35-60 600.00 micron 10-35 75.00 micron 0-8 4. Pavement Quality Concrete (PQC) Quality Control Tests for materials and concrete shall be as under:
1. Cement Physical & Chemical tests
IS:269 IS:455 IS:1489 IS:8112
Once for each source of supply and occasionally when called for in case of Long/improper storage. Besides, the Contractor also will submit daily test
Signature of Tenderer No of Corrections Signature of City Engineer
IS:12269 data on cement released by the Manufacturer.
2. Coarse and Fine aggregates
(i) Gradation
IS:2386 (Pt.1)
One test for every day’s work of each fraction of coarse aggregate and fine aggregate, initially; may be relaxed later at the discretion of the Engineer.
(ii) Deleterious constituent
IS:2386 (Pt.2)
---do---
(iii) Water absorption
IS:2386 (Pt.3)
Regularly as required subject to a minimum of one test a day for coarse aggregate & two tests day for fine aggregate. This data shall be used for correcting the water demand of the mix on daily basis.
3 Coarse Aggregate
i) Los Angles Abrasion value or Aggregate Impact test
IS : 2386 (Pl. 4)
Once for each source of supply and Subsequently on monthly basis.
ii) Soundness IS : 2386 (Pt.5)
Before approving the aggregate and every month subsequently.
iii) Alkali aggregate reactivity
IS : 2386 (Pt. 7)
- do -
4 Water Chemical Tests
S : 456 Once for approval of source of supply, Subsequently only in case of doubt.
5 Concrete (i) Strength of Concrete
IS : 516 2 cubes and 2 beams per 150 m3 or part thereof(one for 7 day and other for 28 day strength) or minimum 6 cubes and 6 beams per day’s work Whichever is more.
(ii) Core strength on hardened concrete
IS : 516 As per the requirement of the Engineer; only in case of doubt.
(iii) Workability of fresh concrete slump-Test
IS:1199 One test per each dumper load at both Batching plant site and paving site initially when work starts. Subsequently sampling may be done from alternate dumper.
(iv) Thickness determination
From the level data of concrete pavement surface and sub-base at grid points of 5/ 6.25 mx 3.5 m
(v) Thickness measurement for trial length
3 cores per trial length.
(vi) Verification of level of string line in the case
String line or steel forms shall be checked for level at an interval of 5.0 m or 6.25 m. The level Tolerance allowed shall be ± 2mm. These shall be got
Signature of Tenderer No of Corrections Signature of City Engineer
of slip form paving and steel forms in the case of fixed form
approved 1-2 hours before the Commencement of the concreting activity.
5. BITUMINOUS MACADAM (BM) The physical requirements for coarse aggregate are as under Property
Test
Specification
Cleanliness Grain size analysis Max 5% passing 0.075 mm sieve
Particle shape
Flakiness and Elongation Index (Combined)2
Max 30%
Strength * Los Angles Abrasion Value3
Max 40%
Aggregate Impact Value3
Max 30%
Durability Soundness4
Sodium Sulphate
Max 12%
Magnesium Sulphate Max 18%
Water Absorption Water absorption5 Ma 2%
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%.
Signature of Tenderer No of Corrections Signature of City Engineer
* 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 Elongation Index
One test per 50m3 of Aggregate
(iv) Stripping Value Initially one set of 3 representative specimens for each source of supply; subsequently when warranted by changes in the quality of aggregates.
(v) Water Sensitivity of mix Initially one set of 3 representative specimens for each source of supply subsequently when warranted by changes in the quality of aggregates. (If required)
(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 At regular close intervals.
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binder and aggregate for mixing and of the mix at the time of laying and rolling
(xii) Rate of spread of mixed materials
Regular control through checks of layer thickness
(xiii) Density of compacted layer One test per 250 m2 of area.
6.0 DENSE GRADED BITUMINOUS MACADAM:
6.1 SCOPE:
This clause specifies the construction of Dense Graded Bituminous Macadam
(DBM), for use mainly, but not exclusively, in base/binder and profile corrective
courses. DBM is also intended for use as road base material. This work shall
consist of construction in a single or multiple layers of DBM on a previously
prepared base or sub-base. The thickness of a single layer shall be 50mm to
100mm.
6.2 MATERIALS:
6.2.1 Bitumen:
The bitumen shall be paving bitumen of Penetration Grade 60/70 complying with
Indian Standard Specifications for “Paving Bitumen” IS:73 and of the penetration
indicated in Table 500-10 for MORT11H Specifications for dense bitumen
macadam, or as otherwise specified in the Contract. Guidance on the selection
of an appropriate grade of bitumen is given in The Manual for Construction and
Supervision of Bituminous Works.
6.2.2 Coarse Aggregates:
The coarse aggregates shall consist of crushed rock, crushed gravel or other
hard material retained on the 2.36 mm sieve. They shall be clean, hard, durable
of cubical shape, free from dust and soft or friable matter, organic or other
deleterious substances. Where the Contractor’s selected source of aggregates
have poor affinity for bitumen, as a conditions for the approval of that source,
the bitumen shall be treated with approved anti-stripping agents, as per the
manufacture’s recommendations, without additional payment. Before approval
of the source, the aggregates shall be tested for stripping. The aggregates shall
Signature of Tenderer No of Corrections Signature of City Engineer
satisfy the physical requirements specified in Table 500-8 of MORT&H
specifications, for Dense Bituminous Macadam.
Where crushed gravel is proposed for use as aggregate, not less than 90% by
weight of the crushed material retained on the 4.75mm sieve shall have at least
two fractured faces.
6.2.3 Fine aggregates:
Fine aggregates shall consist of crushed or naturally occurring mineral material
or a combination of the two, passing 2.36mm sieve and retained on 75 micron
sieve. They shall be clean, hard, durable, dry and free from dust, and soft or
friable matter, organic or other deleterious matter.
The fine aggregate shall have a sand equivalent value of not less than 50 when
tested in accordance with the requirement of IS:2720 (Part 37).
The plasticity index of the fraction passing the 0.425 mm sieve shall not exceed
4, when tested in accordance with IS:2720 (Part 5).
TABLE 500-8
PHYSICAL REQUIREMENTS FOR COARSE AGGREGATES FOR
DENSE GRADED BITUMINOUS MACADAM
Property Test Specification
Cleanliness (dust) Grain size analysis1
Max 5% passing 0.075
mm sieve
Particle shape Flakiness and Elongation Max 30%
Index (Combined)2
Strength* Los Angles Abrasion Value3
Max 35%
Property Test Specification
Aggregate Impact Value4
Max 27%
Durability Soundness5
Sodium Sulphate Max 12%
Magnesium Sulphate Max 18%
Water Absorption Water absorption6
Max 2%
Stripping Coating & stripping of Minimum retained
Bitumen coating 95%
Aggregate Mixtures7
Water Sensitivity** Retained Tensile Strength8
Min 80%
Signature of Tenderer No of Corrections Signature of City Engineer
Notes
1. IS :2386 Part 1 5. IS:2386 Part 5
2. IS :2386 Part 1 6. IS:2386 Part 3
(the elongation test to be done only on non-flaky aggregates in the sample)
3. IS : 2386 Part 4* 7. IS : 6241
4. IS : 2386 Part 4* 8. AASHTO T283**
* Aggregate may satisfy requirements of either of these two tests.
** The water sensitivity test is only required if the minimum retained coating in
the stripping test is less than 95%
6.2.4 Filler:
Filler shall consist of finely divided mineral matter such as rock dust, hydrated
lime or cement approved by the Engineer.
The filler shall be graded within the limits indicated in Table 500-9
TABLE 500-9
GRADING REQUIREMENTS FOR MINERAL FILLER
IS Sieve (mm) Cumulative percent passing by weight of
total aggregate
0.6 100
0.3 95 – 100
0.075 85 – 100
The filler shall be free from organic impurities and have a Plasticity Index not
greater than 4. The Plasticity Index requirement shall not apply if filler is
cement or lime. When the coarse aggregate is gravel, 2 percent by weight of
total aggregate shall be Portland cement or hydrated lime and the percentage
and the percentage of fine aggregate reduced accordingly. Cement or hydrated
lime is not required when the limestone aggregate is used. Where the
aggregate fail to meet the requirements of the water sensitivity test in Table
500-8, then 2 percent by total weight of aggregate, of hydrated lime shall be
added without additional cost.
6.2.5 Aggregate grading and binder content:
When tested in accordance with IS :2386 Part I (wet sieving method), the
combined grading of the coarse and fine aggregate and added filler for the
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particular mixture shall fall within the limits shown in Table 500-10, for dense
bituminous macadam grading 1 or 2 as specified in the Contract. The type and
quantity of bitumen and appropriate thickness, are also indicated for each
mixture type.
TABLE 500 – 10
COMPOSITION OF DENSE GRADED BITUMINOUS
MACADAM PAVEMENT LAYERS
Grading 1 2
Nominal aggregate size 40 mm 25 mm
Layer thickness 80 – 100 mm 50 – 75 mm
IS Sieve1 (mm) Cumulative % by weight of total aggregate passing
45 100 -
37.5 95-100 100
26.5 63-93 90 – 100
19 - 71 – 95
13.2 55 – 75 56 – 80
9.5 - -
4.75 38 – 54 38 – 54
2.36 28 – 42 28 – 42
1.18 - -
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Note : 1) The combined aggregate grading shall not vary from the low limit on
one sieve to the high limit on the adjacent sieve.
2) Determined by the Marshall method. 6.3 MIXTURE DESIGN:
6.3.1 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
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.
Grading 1 2
Nominal aggregate size 40 mm 25 mm
Layer thickness 80 – 100 mm 50 – 75 mm
IS Sieve1 (mm) Cumulative % by weight of total aggregate passing
0.6 - -
0.3 7 – 21 7 – 21
0.15 - -
0.075 2 – 8 2 – 8
Bitumen content % by Min 4.0 Min 4.5
mass of total mix2
Bitumen grade (pen) 60/70 60/70
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TABLE 500-12
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.
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6.3.2 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.
Where 40 mm dense 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.
6.3.3 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.
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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
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.
6.3.4 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.
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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
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.
6.3.5 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
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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.
6.4 CONSTRUCTION OPERATIONS
6.4.1 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
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.
6.4.2 Preparation of base :
The base on which Dense 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.
6.4.3 Geosynthetics:
Where Geosynthetics are specified in the Contract this shall be in accordance
with the requirements stated in Clause 703 of MORT&H specifications.
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6.4.4 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.
6.4.5 Prime Coat:
Where the material on which the dense 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.
6.4.6 Tack coat :
Where the material on which the dense 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.
6.4.7 Mixing and transportation of the mixture :
The provisions as specified in Clauses 501.3 and 501.4 of MORT & H
specifications shall apply.
6.4.8 Spreading :
The provisions of Clauses 501.5.3 and 501.5.4 of MORT & H
specificationsshall apply.
6.4.9 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.
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6.5 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.
6.6 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.
6.7 ARRANGEMENTS FOR TRAFFIC :
During the period of construction, arrangements for traffic shall be made as
directed by Engineer-in-Charge.
6.8 MEASUREMENT FOR PAYMENT :
Dense 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.
6.9 RATE:
The contract unit rate for Dense 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.
7. 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%
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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. ** 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
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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
(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.
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(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.
8. 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 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
200 Kg. 200 Kg. 175 Kg. 175 Kg.
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penetration 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 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.
4) Spreading and Compaction
4.1 Spreading of 40 mm metal 40 m size metal shall be spread evenly at the specified rate of 9 cubic 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.
4.2 Compaction of 40 mm size metal The surface of 40 mm metal layer after bringing it to necessary grades and sections shall be rolled with the use of 8 to 10 tones power roller. Rolling shall commence from the edges and progress towards 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.
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5) Application of Bitumen
Bitumen of I. S. grade S. 35 or S 65 supplied for the work shall be heated to temperature of 177 Celsius to 191 Celsius (350 to 375 F) in a bitumen boiler and temperature shall be maintained at the time of actual application. The hot bitumen shall be applied through a pressure sprayer on the road surface uniformly at the rate of 200 Kg / 100 Sq.mt. or 175 Kg. /100 sq.mt. The road surface shall be divided into suitable rectangles marked by chalk so as to ensure correct rate of application of the bitumen.
6) Key Aggregates
On completion of bitumen application, 12 mm size key aggregate shall be spread immediately at a uniform rate of 1.8 cubic meter / 1.2 cubic meter per 100 square meter of area when entire surface is in hot condition. Brooms shall be used to ensure even distribution of key aggregate.
7) Final compaction Immediately after spraying of bitumen and spreading of key aggregates, the surface shall be rolled with a power roller to obtain full compaction and to force the 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. 8) 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
1.Quality of binder. Two samples per lot subject to all or some tests as
directed by the Engineer.
2 .Aggregate Impact Value One test per 200 cubic meter of aggregate.
3. Flakiness Index and
Elongation Index One test per 200 cubic meter of aggregate.
4. Stripping value. Initially one set of three representative specimens for
each source of supply; subsequently when warranted by changes in the quality of
aggregate.
5. Water absorption of aggregates - Initially one set of three representative specimens for
each source of supply subsequently when warranted by changes in the quality of
aggregates.
6. Aggregate grading - One test per 100 cubic meter of aggregate.
7. Temperature of binder at application.-At regular close intervals.
8 Rate of spread of binder.- One test per 500 square metre of area.
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9) Item to include 1) Diversion unless separately provided in the Tender. 2) Preparing the road surface. 3) Applying tack coat on existing B. T. or picking the existing WBM surface. 4) Supplying spreading and compaction of 40mm and 20 mm size aggregates. 5) Supplying, heating and spraying bitumen. 6) Supplying spreading and compaction of 12 mm size chips. 7) All labour, materials, including bitumen and aggregates, use of tools, plant and equipment for completing the item satisfactorily. 10) Mode of measurement The contract rates shall be for 100 Sq. mt. The measurement shall be for the width of the road as ordered by the Engineer and the length measured along the centre line. The measurement of dimensions shall be recorded correct up to two places of decimals 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.
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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 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
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* 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: 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.
