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MIRA- BHAINDAR MUNICIPAL


CORPORATION

(WATER SUPPLY DEPARTMENT)

TENDER NOTICE NO. 42 ( 2017-18 )

For

Proposed Construction of Plinth Protection Concrete at Indralok ESR & Shantinagar sector
2 ESR in MBMC area

Executive Engineer
Water supply dept.
Chhatrapati Shivaji Maharaj marg,
Bhaindar (w) Ph. 2819 2828
Mira -Bhaindar Municipal Corporation

SAVE EVERY DROP OF WATER


Issued to:………………………………………………………………………

Contractor/Agency No. of Corrections Executive Engineer


2

MIRA - BHAINDAR MUNICIPAL CORPORATION


WATER SUPPLY DEPARTMENT

Name of Work :- Proposed Construction of Plinth Protection Concrete at Indralok ESR &
Shantinagar sector 2 ESR in MBMC area

INDEX

Page
Sr. No. Description
From To

1 Press tender notice

2 Detailed tender notice

3 B –1 Form

4 Conditions

5 General Conditions

6 Specification

7 Declaration

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TENDER NOTICE

Contractor/Agency No. of Corrections Executive Engineer


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®úÉJÉÚxÉ `äö´É±ÉÉ +ɽäþ.

+ EòɨÉÉSÉä xÉÉ´É ÊxÉÊ´ÉnùÉ ®úCEò¨É EÆòjÉÉ]õnùÉ®úÉ <ºÉÉ®úÉ ®úCEò¨É ºÉÖ®úIÉÉ ¡òÉì¨ÉÇ ¡òÒ EòɨÉÉSÉÒ
Gò °ü. SÉÉ ´ÉMÉÇ °ü. +xÉɨÉiÉ °ü. ¨ÉÖniù É
1. ʨɮúÉ-¦ÉÉ<Ènù®ú ¨É½þÉxÉMÉ®ú{ÉÉʱÉEòÉ IÉäjÉÉiÉ ¯û. 9,52,300/- ´ÉMÉÇ 06 ´É °ü.9,523/- 5% 1,000/- + 03 ¨ÉʽxÉä
<Æp±ù ÉÉääEò VɱÉEÆòÖ¦É ´É ¶ÉÉÆiÉÒxÉMÉ®ú ºÉäC]õ®ú iªÉÉ´É®úÒ±É ¯û.180
02 VɱÉEÆòÖ¦É ªÉälÉä Plinth Protection (VÉÒBºÉ]õÒ)
¯û.1,180/-
Concrete Eò®úhÉä.

EòɪÉÇEòÉ®úÒ +ʦɪÉÆiÉÉ
{ÉÉhÉÒ {ÉÖ®ú´É`öÉ Ê´É¦ÉÉMÉ
ʨɮúÉ-¦ÉÉ<Ènù®ú ¨É½þÉxÉMÉ®ú{ÉÉʱÉEòÉ
VÉÉ. Gò. ¨ÉxÉ{ÉÉ/{ÉÉ{ÉÖ/ÊxÉ/42/2017-18
Ênù. 02/02/2018.

Contractor/Agency No. of Corrections Executive Engineer


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MIRA-BHAINDAR MUNICIPAL CORPORATION
Water Supply Department
Indira Gandhi Bhavan, Chatrapati Shivaji Maharaj Marg,
Bhayandar (W) 401101, Tal. Dist – Thane, 28192828
TENDER NOTICE No. 42 (2017-18)
Mira Bhaindar Municipal Corporation invites sealed tenders for following works in MBMC area in the form of

e-Tendering. The tender form and other relevant documents will be available for download on Mahatenders.gov.in

website from 06/02/2018 to 12/02/2018 till 12.00 pm. Tender Form Fee & EMD should be submitted through online receipt
system. Prequalification criteria and other terms and condition mention in tender form.
The last date for submission of tenders completed in all respects on 12/02/2018 up to 1.00 pm on the above
mentioned website of Mira Bhaindar Municipal Corporation. . If possible the tenders shall be opened in the presence of
the bidders or their representatives on the dt.15/02/2018 at 4.00 pm at the Tender cell of Mira Bhaindar Municipal
Corporation.
The Mira Bhaindar Municipal Corporation has reserve right to accept any bid or reject all bids without assigning
any reasons.

Sr. Name of Work Estimate Contract Earnest Secu Cost of Period of


No Cost or’s Money rity Tender Completion
Class Deposit Depo documents
(EMD) sit
(In Rs.) (In Rs.) (SD) (In Rs.)

1. Proposed Construction of Rs.1,000/-


Plinth Protection Concrete at Class + Rs.180/-
Indralok ESR & Shantinagar Rs.9,52,300/- 06 & 9,523/- 5% (GST) 03 Months
sector 2 ESR in MBMC area above Rs.1,180/-

Executive Engineer
Water Supply Department
Mira Bhaindar Municipal Corporation
No :- MUN/WS/T/42/2017-18
Date :- 02/02/2018.

No :- MUN/WS/T/22/2017-18
Date :- 07/11/2017

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DETAIL TENDER NOTICE

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MIRA - BHAINDAR MUNICIPAL CORPORATION
DETAILED TENDER NOTICE

Name of Work :- Proposed Construction of Plinth Protection Concrete at Indralok ESR


& Shantinagar sector 2 ESR in MBMC area

TENDER PROGRAMME..

1) The tender document are available at https://mahatenders.gov.in from 06/02/2018 to 12/02/2018.


2) The prequalification criteria , Terms and conditions are available on website.
3) The digital signature is mandatory. The bidder will have to purchase it from any government digital
certificate authority.
4) For any other queries, bidder can contact Help Line No. 0120-4200462, 0120-4001002.
5) Blank Tender document can be download from above mentioned website. The tender document cost
Rs.1,180/-(Rs One thousand one hundred eighty Only) (Non-Refundable) shall be paid by online.
6) Earnest Money Deposit of Rs. 9,523/- (Rs Nine Thousand five hundred twenty three Only) should be
paid in the form of DD/PAYORDER/CASH-online.
7) Security Deposit :Initial Security deposit of 3 % in the form of D.D./ Pay order or Bank
guarantee in the name of Commissioner, Mira Bhaindar Municipal Corporation drawn on any
Scheduled Bank and balance 2 % will be deducted from R.A. bills.
Balance 2% Security Deposit of estimated cost or contract value whichever is higher will be
recovered at the rate of 5% of bill amount through each R.A. Bill to the extent that total required
security deposit.
a) Additional Security Deposit: If the tender is proposed to be accepted at the rate
quoted less than estimated cost put to tender, security deposit over and above 5.00%
at the rate below shall have to be paid by the tenderer.
i) For offer up-to 10% below: 3% intial+2% through R.A.Bill.
ii) For offer from 10% and up to 15% below: 5% intial+2% through R.A.Bill.
iii) For offer more than 15% below: 7% intial+2% through R.A.Bill.
Additional S.D. shall be in the form of fixed deposit receipt of
nationalized/scheduled Bank only.
b) The Contractor should submit Additional Security Deposit at the rate of 2 % of the
estimated cost for every percentage quoted below 10% in the form of cash up to the
work of 10 lakhs and in form of Bank Guarantee of Nationalized Bank in the name of
Commissioner Mira-Bhaindar Municipal Corporation. (Payable in Mumbai) above the
work of 10 lakhs and, the amount of Bank Guarantee should be submitted on tender
accepted cost.
c) Additional Security Deposit of all the tenderers, expect the lowest responsive tenderer
will be refunded immediately after evaluation of the tenders where there is court case)

d)The additional security deposit of the successful tenderers will be refunded only after
successful completion of the work in all respect or on completion of contract period
whichever is later.

e) Stamp Duty - Stamp duty at 2.00% of total security deposit or at the rate in force
on the date of agreement, in addition to Rs.100/- stamp paper.

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f)There shall be no liability on the Mira Bhaindar Municipal Corporation, to pay any
interest on the security deposited by or recovered from the Contractor.

g)If it is found that the lowest tenderer is not recommended, then a reference will be
made to second lowest to deposit A.S.D. in the form of demand draft in the specified
time period.
h) The security deposit shall be refunded after completion of defect liability period
prescribed for this contract in accordance with the provision in clause 1 and 20 of
he contract.

8) The bidder has to submit the tender Documents and Financial Bid online only.
9) The tender will be Submission last dt. 12/02/2018 day at 1.00 pm online only.
10) Contractor should quote the rates including GST as per government circular.
11) Validity of the Offer :
120 days from the date of opening of the tender.
12) ELIGILIBILITY OF CONTRACTOR
1) The contractor should be registered with MJP/PWD in appropriate class 06.
2)The firm should have successfully executed at least one civil work in single tender under
Govt./Semi. Govt. Department/ Municipal Corporation in his own name.

13) SITE VISIT


The Contractor at his own responsibility and risk is encouraged to visit and examine the site of
works and its surroundings and obtain all information that may be necessary for preparing the
bid and entering into a contract for construction of the works. The costs of visiting the site and
collecting the necessary information shall be borne by the Contractor. No extra claim will be
entertained in future on this account

14) Manner of submission of tender and its accompaniments


Tender is to be submitted according to three envelopes system, Which should be submitted online in
Technical - Bid & Financial Bid Format & Additional Security format Only. Envelop No. 1
(Technical Bid ) can be submitted by uploading the required documents as demanded in tender
document, which are scanned in prescribed. The EMD and Document fees should be submitted
“Online”.

15 ) a)Technical Proposal. :
Technical Proposal work shall contain following documents.
i) E.M.D. as explained above .
ii ) Certificate of registration in appropriate class 06 & above with MJP/PWD.
iii ) Income Tax returns Certificate.
iv ) Experience certificate.

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16) Envelope No. 2 (Financial Bid)


Will also be submitted online the contractor shall quote for the work as per details given in the main
tender and also based on the details of conditions, issued/additional stipulations made by the Department.

17) Envelope No. 3 (Additional Security Deposit)


i) Bidder shall upload scanned copy of Additional Security Deposit in the form of DD (For tender
value up to10 lac) or Bank Guarantee (For tender value above10 lac) in the third envelope; if
the rate quoted by the bidder is below 10%.
ii) If Additional Security Deposit is not applicable the bidder shall print the same on the company
letter head with duly signed by the authorized person. Same shall be scanned and uploaded in
the third envelope.

b ) Financial proposal :
Financial proposal shall contain offer of bid and including unconditional covering letter.
Time of Contract : The contract period is Three month.

18) Hon. Commissioner, MBMC reserves the right to accept or reject any or all tenders without
assigning any reason thereof.

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FORM B-1

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FORM B-1
PERCENTAGE RATE TENDER AND CONTRACT

DEPARTMENT MIRA-BHAINDAR MUNCIPAL CORPORATION.


DIVISION : WATER SUPPLY DEPARTMENT.

Name of Work :- Proposed Construction of Plinth Protection Concrete at Indralok ESR &
Shantinagar sector 2 ESR in MBMC area

GENERAL RULES & DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS


1. All works, proposed to be executed by Contract, shall be notified in a Form of invitation to tender, pasted
on a Notice Board hung up in the office of the Executive Engineer.

This form will state the works to be carried out as well as the date of submitting and
opening tenders, and the time allowed for carrying out the work, also the amount of earnest
money to be deposited with the tender, and the amount of the security deposit to be
deposited by the successful Tendered and the percentage, if any, to be deducted from bills.
It will also state whether refund of quarry fees, royalties and ground rents will be
granted. Copies of any other documents required in connection with the work shall be
signed by the Executive Engineer for the purpose of identification and shall also be open for
Inspection by Contractors at the office of the Executive Engineer during office hours.

Where the works are proposed to be executed according to the specifications recommended
to a Contractor and approved by a competent authority on behalf of the Mira Bhaindar
Municipal Corporation, such specifications with designs and drawings shall form a part of the
accepted tender.

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FORMAT for Letter of Commercial Offer
(To be printed on letterhead of the firm and submitted in Envelope -2)

To,
The Commissioner
Mira Bhayandar Municipal Corporation, Bhayandar
Sub: Proposed Construction of Plinth Protection Concrete at Indralok ESR & Shantinagar
sector 2 ESR in MBMC area

(Estimated cost Rs. 9,52,300/-)

Dear Sir,
Tenderer’s Offer

I/We hereby tender for the execution, for MIRA In figures as well as in words
BHAYANDAR MUNICIPAL CORPORATION (here-in-
before and hereinafter referred to as Corporation or
MBMC) of the work specified in such memorandum at
_____ percent below/above the estimated rates entered
in Schedule ‘B’ (Memorandum showing items of work
to be carried out) and in accordance in all respects
with the specifications, designs, drawings, and
instructions in writing referred to in rule 1 hereof and
in Clause 13 of the annexed conditions of contract
and agree that when materials for the work are
provided by the corporation, such materials and the
rates to be paid for them shall be as provided in
Schedule ‘A’ hereto.

Contractor/Agency No. of Corrections Executive Engineer


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Memorandum
1 A General Description
Proposed Construction of Plinth Protection Concrete at Indralok ESR & Shantinagar
sector 2 ESR in MBMC area

B. Estimated Cost Rs. 9,52,300/-


C. Earnest Money Rs. 9,523/-
D. Security Deposit Rs. 5% of Accepted Tender Cost.
i. Initail security deposit At the time of agreement 3% of Accepted Tender
Cost
ii. Balance 2% Security Deposit will be Deducted from R.A.
Bill at rate of 5% from each RA bill.

E. Time allowed for completion of the work from date of written order to commence 04
(Four months) Calendar months including monsoon.

2 I/We agree that this offer shall remain open for acceptance for a minimum period of 180
days from the date of opening the same and thereafter until it is withdrawn by me/us by
notice in writing duly addressed to the authority opening the tenders and sent by
registered post A.D. or otherwise delivered, at the office of such authority. The Earnest
money deposited on-line only. The amount of Earnest Money shall not bear interest and
shall be liable to be forfeited to the MBMC should I/We fail to (I) Abide by the stipulation
to keep the offer open for the period mentioned above or (ii) sign and complete the
contract documents as required by the Engineer and furnish the security deposit, as
specified in item (d) of the memorandum contained in Para - I above within the time
limit, laid down in clause, (1) of the annexed general conditions of the contract. The
amount of earnest money may be refunded to me/us after work order if so desired by
me/us in writing unless the same or any part thereof has been forfeited as aforesaid.

3. Should this tender be accepted I/We hereby agree to abide by and fulfill all the terms
and provisions of the conditions of contract annexed hereto so far as applicable and in
default thereof to forfeit and pay to Corporation, the sums of money mentioned in the
said conditions.

Contractor/Agency No. of Corrections Executive Engineer


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Agency ________________________________________________
Name & Address ___________________________________________
_________________________________________________________
Dated ______________ day of ______________ 20
(Witness _________________________________________________

Name & Address ____________________________________________


__________________________________________________________
Occupation ________________________________________________
The above tender is hereby accepted by me for and on behalf of the Mira Bhayandar Municipal
Corporation

Officer _______________________________________________

Dated ____________ day of _______________ 20

Signature of Agency before submission of tender

Signature of witness to Agency’s signature)

Signature of the officer by whom accepted

Executive Engineer
Mira- Bhayandar Municipal Corporation.

Contractor/Agency No. of Corrections Executive Engineer


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CONDITIONS OF CONTRACT

Clause 1 : The person/persons whose tender may be accepted (hereinafter called the contractor which
expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators
and assignors) shall (A) within 10 days (which may be extended by the Executive Engineer concerned
upto 15 days if the Executive Engineer thinks fit to do so) of the receipt by him of the notification of
the acceptance of his tender deposit with the Executive Engineer in cash or Government securities
endorsed to the Executive Engineer (if deposits for more than 12 months) or the full amount to the
security deposit is made up. All compensation or other sums of moneys payable by the contractor to
MBMC under the terms of his contract may be deducted from or paid by the sale of sufficient part of his
security deposit or from the interest arising there from, from any sums which may be due or may become
due by MBMC to the contractor under to be paid in a lump sum within the period specified at (A)
above is not paid the tender/contract already accepted shall be considered as cancelled and legal steps
will be taken against the contractor for recovery of the amount. The amount of the security deposit
lodged by a contractor shall be refunded along with the payment of the final bill, if the date upto, which
the contractor has agreed to maintain the work in good order, or if the date upto which the contractor
has guaranteed for any defect (whichever is later) is over. If such date is not over only 50% amount of
security deposit shall be refunded along with the payment of the final bill and on certifying by the
Engineer-in-charge that 50% Security Deposit will be sufficient to meet all the liability for the balance
defect liability period. The amount of security deposit retained by the MBMC shall be released after
expiry of period upto, which the contractor has agree to maintain the work in good order or upto which the
contractor has guaranteed for any defect (whichever is later) is over. In the event of the contractor failing or
neglecting to complete rectification work within the period upto which the contractor has agree to
maintain the work in good order, then subject to provisions of clause 17 and 20 hereof the amount of
security deposit retained by MBMC shall be adjusted towards the excess cost incurred by the MBMC on
rectification work.

Clause 2 : The time allowed for carrying out the work as entered in the tender shall be strictly observed by
the contractor and shall be reckoned from the date on which the order to commence work is given to the
contractor. The work shall throughout the stipulated period of the contract be proceeded with, with all due
diligence (time being deemed to be of the essence of the as contract on the part of the contractor. And further
to ensure good progress during execution of the work, the contractor shall be bound in all cases in which the
time allowed for any work exceeds one month to complete for complete minimum quantum of work as
compared to accepted tender cost as stated below: -
1. 1/4 of the work in 1/4 of the time
2. 1/2 of the work in 1/2 of the time.
3. 3/4 of the work in 3/4 of the time.

And abide by the programme of detailed progress laid down by the Executive Engineer. However, in case of
ground water source adopted for the scheme the work of development of source shall only be taken in band
by the contractor first and only after ascertaining adequacy of the yield through GSDA during the summer
period, the remaining works shall be undertaken for execution after obtaining written permission from the
Executive Engineer. No material shall be purchased till the adequacy of the source is confirmed and written
orders to proceed for remaining works are obtained from the Executive Engineer. In case of failure of the
original source due to inadequate yield or any other reason the contractor shall have to take up the work of
other suitable source suggested by GSDA and to ascertain its adequacy during summer. In such case the
Executive Engineer will ascertain the reasonable time required for completion of remaining works
included in the contract and shall grant suitable extension to the Contractor the decision of the engineer-in-charge
regarding suitable extension shall be treated as final an binding on the contractor. However, such extension
shall not be less than '1/2 of period of completion stated in the original contract. The Contractor shall prepare
revised programme of work based on extended time limit granted and shall get the same approved from the
executive Engineer. Based on approved revised programme the progress of the contractor shall be watched for
imposing compensation by the Executive Engineer. The Contractor shall prepare modified programme on
completion of successful yield test and get it approved from the Engineer-in-charge and such approved and
modified programme shall be binding on the Contractor in case of all other schemes where ground water is not
proposed as source and have other assured water source, works of all the sub-works can be taken up by the
Contractor/Agency No. of Corrections Executive Engineer
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contractor simultaneously and for such scheme the time limit stated in the Contract shall be treated as final and
binding on the Contractor. Executive Engineer should be the final authority in this respect irrespective of the
feet that the tender is accepted by MBMC.

Clause 3 : In any case in which under any clause of this contract the contractor shall have rendered
Action when himself liable to pay compensation amounting to the whole of his security deposit
whole of
security
(actually in hand with the Engineer-in-charge on the date on which action under this clause is taken irrespective
deposit is of Security Deposit specified in the contract whether paid in one sum or Deducted by installments) or in the
forfeited case, of abandonment of the work owing to serious illness or death of the contractor or any other cause the
Engineer, on behalf of the MBMC, shall have power to adopt any of the following courses, as he may deem
best suited to interest of MBMC:-

(a) To rescind the contract (for which recession notice in writing to the contractor under the hand of Executive
Engineer shall be conclusive evidence) and in that case the Security Deposit of the contractor shall stand
forfeited and be absolutely at the disposal of MBMC.

(b) To carry out the work or any part of the work departmentally or through other contractor by debiting the
original contractor with the cost of the work, expenditure incurred on tools and plant, and
charges for advertisement for fixing new contractor and those on additional supervisory staff including the cost
of work charged, establishment for getting the unexecuted part of the work completed and crediting him with
the value of the work done departmentally /or through new contractor in all respects in the same manner and at
the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of
the Executive Engineer as to the costs and other allied expenses so incurred and as so to the value of the work
so done departmentally shall be final and conclusive against the contractor.

(c) To order that the work of the contractor be measured up and to take such part thereof as shall be
unexecuted out of his hands, and to give it to another contractor to complete, in which case all expenses
incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost
of work charge establishment and the cost of the work executed by the new contract agency will be debited to
other contractor and the value of the work done or executed through the new contractor be credited in the same
manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The
certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for
getting the unexecuted work done by the new contractor and as to the value of the work so done shall be final
and conclusive against the contractor.

In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover
or be paid, any sum for any work therefore actually performed by him under this contract unless and until the
Executive Engineer shall have certified in writing about the performance of the such work and the amount
payable to him in respect thereof and he shall only be entitled to be paid the amount so certified. In the event
of either the courses referred to in clause (b) or (c) being adopted and the cost of the work executed
departmentally or through a new contractor and other allied expenses exceeding the value of such work
credited the contractors, the amount of excess shall be deducted from any money due to the contractor by
MBMC under the contract or otherwise howsoever or from his security deposit or the sale proceeds thereof
provided however that the contractor shall have no claim against MBMC even if the certified value of the
work done departmentally or through a new contractor exceeds the certified cost of such work and allied
expenses, provided always that whichever of the three courses mentioned in clauses (a), (b) and (c) is adopted
by the Executive Engineer, the contractor shall have no claim to compensation for any loss sustained by him
by reason of not having purchased or procured any materials, or entered into any engagements, or made any
advance on account of or with a view to the execution of the work or the performance of the contract. The
extra cost involved in the completion of the balance work carried out through the other contractor under Clause
- 3(C) shall be recoverable from the contractor over and above the compensation levied under Clause 2 and the
Security Deposit shall be apportioned against the total recoveries for this purpose also.
Action when
the work is Clause 4 : If the progress the of any particular portion of the work is unsatisfactory, the Executive Engineer
progress; of
any particular
shall not with standing that the general progress of the work is in accordance with the condition
portion of the mentioned in clause 2 be entitled to take action under clause 3 (b) after giving the contractor 10 days notice in
work is
unsatisfactory
Contractor/Agency No. of Corrections Executive Engineer
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writing. The contractor will have no claim for compensation, for any loss sustained by him owing to such
action.

Clause 5 : In any case in which any of the powers conferred upon Executive Engineer by
Contractor
remain liable clauses 3 and 4 hereof shall have become exercisable and the same shall not have been
to the 'com - exercised the non- exercise thereof shall not constitute waiving of any of the conditions
pansation if
action not hereof the such powers shall not withstanding be exercisable in the event of any future
taken under case of default by the contractor for which under any clauses hereof he is declared liable to
clauses 3 & 4 pay compensation amounting to the whole of his security deposit and the liability of the
contractor for past and future compensation shall remain unaffected. In the event of the
Executive Engineer taking action under Sub-Clause (a) or (c) of clause 3, he may, if he so
desires, take possession of all or any tools and plants, materials and stores, in or upon the
work or the site thereof or belonging to the contractor, or procured by him and intended to
be used for the execution of the work or any part thereof paying or allowing for the same in
Power to take account at the contract rates or in the case of contract rates not being applicable at current
possession of market rates to be certified by the Executive Engineer whose certificate thereof shall be
or sell final. In the alternative the Executive Engineer may after giving notice in writing to the
contractor’s
plant contractor or his clerk of the work, foreman or other authorized agent require him to remove
such tools, plant, materials or stores from the premises within a time to dc specified in such
notice, and in the event of' the contractor failing to comply with any such requisition, the
Executive Engineer may remove them at the contractor's expense or sell them by auction
or private sale on account of the contractor and at his risk in all respects, and the certificate
of the Executive Engineer as to the expenses of any such removal and the amount of the
proceeds and expense of any such sale shall be final and conclusive against the
contractor.

Clause 6 : If the contractor shall desire an extension of the time for completion of work on the ground of his
Extension of having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the
Time
Executive Engineer before the expiration of the period stipulated in the tender or before the expiration of 30
days from the date on which he was hindered as aforesaid or on which the cause for asking for extension
occurred, whichever is earlier and the Executive Engineer or in the opinion of Commissioner, as the case may
be, if in his opinion, there were reasonable grounds for granting the extension, grant such extension as he
thinks necessary or proper. The decision of the Executive Engineer in this matter shall be final.

Final
Clause 7 : On the completion of the work the contractor shall be furnished with a certificate by the Executive
certificate Engineer (hereinafter and hereinbefore called the Engineer-in-charge) of such completion but neither such
certificate shall be given nor shall the work be considered to be complete until the contractor shall have
removed from the premises on which the work shall have been executed, all scaffolding surplus materials and
rubbish his tools, plants and equipments and shall have cleaned off the dirt from all woodwork, doors,
windows, walls, floor or other parts of any building in or upon which the work has been executed or of which
he may have had possession for the purpose of executing the work nor until the work shall have been measured
by the Engineer-in-charge or where the measurements have been taken by his subordinates until they have
received approval of the Engineer-in-charge the said measurements being binding and conclusive against the
contractor. If the contractor shall fail to comply with the requirements of this clause as to the removal of
scaffolding, surplus materials and rubbish and cleaning off the dirt on or before the date fixed for the
completion of the work, the Engineer-in-charge may at the expense of the contractor, remove such scaffolding,
tools and plants, equipments surplus materials and rubbish and dispose off the same as the thinks fit and clean
off such dirt as aforesaid and the contractor shall forthwith pay the amount of all expenses so incurred but shall
have no claim in respect of any such scaffolding tools and plants equipments or endanger the safety thereof
provided that the decision of the Engineer as to the stage at which the work or any part of its could be or could
have been safely stopped or suspended shall be final and conclusive against the contractor. The contractor shall
Contractor/Agency No. of Corrections Executive Engineer
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have no claim to any payment or compensation whatsoever by reason of or in pursuance of any notice as
aforesaid on account of any suspension, stoppage or curtailment except to the extent specified hereinafter.

2) Where the total suspension of work ordered as aforesaid


continued for a continuous period exceeding 90 days the contractor shall be at liberty to withdraw from the
contractual obligations under the contract so far as it pertains to the unexecuted part of the work by giving a 90
days prior notice in writing to the Engineer, within 30 days of the expiry of the said period of 90 days, of such
mention and requiring the Engineer to record the final measurements of the work already done and to
pay final bill. Upon giving such notice the contractor shall be deemed to have been discharged from his
obligation to complete the remaining unexecuted work under his contract. On receipt of such notice the
Engineer shall proceed to complete the measurement and make such payment as may be finally due to the
contractor within a period of 90 days, from the receipt of such notice in respect of the work already done by the
contractor. Such payment shall not in any manner prejudice the right of the contractor to any further
compensation under the remaining provisions of this clause.

3) Where the Engineer required the contractor to suspend the


work for a period in excess of 30 days at any time or 60 days in the aggregate, the contractor shall be entitled to
apply to Engineer within 30 days of the resumption of work after such suspension for payment of
compensation to the extent of pecuniary loss suffered by him in respect of working machinery rendered idle on
the site or on the account of his having required to pay the salary or wages of Labour engaged by him during
the said period of suspension, provided always that the contractor shall not be entitled to any claim in respect
of any such working machinery, salary or wages for the first 30 days whether consecutive or in the aggregate
of such suspension or in respect of any suspension whatsoever occasioned by unsatisfactory work or any other
default on his part. The decision of the Engineer in this regard shall be final and conclusive against the
contractor.
No claim to
compensation
on account of
[4] In the event of – Any total stoppage of work on notice from the Engineer under Sub clause (1) in that
loss due to behalf. Withdrawal by the Contractor from the contractual obligation to complete the remaining unexecuted
delay in supply work under sub clause (2) on account of continued suspension of work for a period exceeding 90 days.
of materials by
MBMC. (iii) Curtailment in the quantity of item or item originally tendered on account of any alteration, omission
or substitution in the specifications, drawings, designs or instructions under clause 14 where such curtailment
exceed 25% in quantity and the value of the quantity curtailed beyond 25% at the rates for the item specified in
the tender is more than Rs.5000/-.

It shall be open to the contractor, within 90 days from the service of (I) the notice of stoppage of work or (ii)
the notice of withdrawal from contractual obligations under the contract on account of the continued
suspension of work or (iii) notice under clause 14 resulting in such curtailment to produce to the Engineer
satisfactory documentary evidence that he had purchased or agreed to purchase materials for use in the
contracted work, before receipt by him of the notice of stoppage, suspension or curtailment and require the
MBMC to take over on payment such material at the rates determined by the Engineer, provided, however,
such rates shall in no case exceed the rates at which the same was acquired by the contractor. The MBMC shall
thereafter take over the material so offered provided the quantities offered are not in excess of the requirements
of the unexecuted work as specified in the accepted tender and are of quality and specifications approved by
the Engineer.

No claim to Clause 8 (A): The contractor shall not be entitled to claim any compensation from MBMC for the loss
compensation suffered by him on account of delay by MBMC in the supply of materials entered in Schedule 'A' where such
on account of delay is caused by –
loss due to
delay in
supply of
materials by
MBMC Difficulties relating to the supply of railway wagons,
.
i) Force major.

ii) Act of God

Contractor/Agency No. of Corrections Executive Engineer


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iii) Act of enemies of the State or any other reasonable cause beyond the control of MBMC.

In the case of such delay in the supply of materials. MBMC shall grant such extension of time for the
completion of the works as shall appear to the Executive Engineer to be reasonable in accordance with the
circumstances of the case. The decision of the Executive Engineer as to the extension of time shall be
accepted as final by the contractor.

Clause 9: Under no circumstance whatever shall the contractor be entitled to any compensation from
Time limit for
unforeseen
MBMC on any account unless the contractor shall have submitted claim in writing to the Engineer-in-
Claims charge within one-month case of such claim occurring.

Clause 10: If any time before the security deposit or any part thereof is refunded to the contractor, it shall
Action and
Compensation appear to the Engineer- in-charge or his subordinate in charge of the work, that any work has been
payable in executed with unsound, imperfect or unskillful workmanship or with materials of inferior quality or that
case of bad any materials or articles provided by him for the execution of the work are unsound, or of a quality inferior to
work
that contracted for or otherwise not in accordance with contract it shall be lawful for the Engineer-in-charge to
intimate this fact in writing to the contractor and then not withstanding the fact that the work, materials or
articles complained of may have been inadvertently passed, certified and paid for the contractor shall be
bound forthwith to rectify, or remove and reconstruct the work so specified in whole or in part, as the case may
require or if so required shall remove the materials or articles so specified and provide other proper and
suitable materials or articles at his own charge and cost and in the event of his failing to do so within a period to
be specified by the Engineer-in-charge in the written intimation aforesaid, the contractor shall be liable to
pay compensation at the rate of one percent on the amount of the estimate for every day not exceeding ten days
during which the failure so continues and in the case of any such failure the Engineer-in-charge may rectify or
remove and re-execute the work or remove and replace the materials or articles complained of as the case may
he at the risk and expense in all respects of the contract. Should the Engineer-in-charge consider that any such
inferior work or materials as described above may be accepted or may use of it shall be within his discretion to
accept the same at such reduced rates as he may fix therefore.

works to be
Clause 11 : All works under or in course of execution or executed in pursuance of the contract shall at all times be
opened to open to the inspection and supervision of the Engineer-in-charge and /or his subordinate and /or his superior and the
Inspection contractor shall at all time during the usual working hours and at all other times at which reasonable notice of
the intention of the Engineer-m-charge and his subordinate and / or his superior to visit the work shall have
Contractor or
been given to the contractor, either himself be present to receive orders and instructions or have a
responsible agent responsible agent duly accredited in writing present for that purpose. Orders given to the contractor's
to be present duly authorized agent shall be considered to have the same force and effect as if they had been given to
the contractor himself.

Clause 12 : The Contractor shall give not less than 5 days notice in writing to the Engineer-in-charge or
Notice to be
given before
his subordinate in-charge of the work before covering up or otherwise placing beyond the reach of
work is measurement any work in order that the same may be measured and correct dimensions therefore taken
covered before the same is so covered up or placed beyond the reach of measurement and shall not cover up or
place beyond the reach of measurement any work without the consent in writing of the Engineer-in-charge
or his subordinate in charge of the work, and if any work shall be covered up or placed beyond the reach
of measurement without such notice have been given or consent obtained, the same shall be uncovered at
the contractor's expense, and in default thereof no payment or allowance shall be made for such work
or for the materials with which the same was executed.

Contractor Clause 13: If during the period of 12 months from the date of completion as certified by the Engineer-in-
liable for Charge pursuant to Clause-7 of the Contract or 12 months after commissioning the work, whichever is
damage done earlier in the opinion of the Executive Engineer, the said work is defective in any manner, whatsoever, the
for contractor shall forthwith on receipt of notice in that behalf from the Executive Engineer duly commence
imperfections.
execution and completely carry out at his cost rectifying and setting right the defects specified therein
including dismantling and reconstruction of unsafe portion strictly in accordance with and in the manner
prescribed and under the supervision of the Executive Engineer in the event of the contractor failing or
neglecting to commence execution of the said rectification work within the period prescribed therefore in the

Contractor/Agency No. of Corrections Executive Engineer


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said notice and/or to complete the same as aforesaid as required by the said notice and/or to complete the
same as aforesaid as required by the said notice, the Executive Engineer get the same executed and
carried out departmentally or by any other agency at the risk on account and at the cost of contractor.
However the defect shall not include the works of routine maintenance, repainting, replacement of stolen
items / damaged works for which contractor is not responsible defect arise due to lack of timely
maintenance, reduction in performance due to use of the machinery and equipment to the extent such are
normally affects the performance / efficiency, normal wear and tear of machinery accessories and
equipments, rewinding of electrical motors damaged due to inadequate voltage/ damaged due to use conditions
not recommended by the contractor / manufacturer, damages due to unusual floods etc. The contractor shall
forthwith on demand pay to the MBMC the amount of such costs, charges and expenses sustained or incurred
by the MBMC of which the certificate of Executive Engineer, shall be final and binding on the contractor. Such
cost charges and the expenses shall be deemed to be debt due from the contractor and in the event of the
contractor failing or neglecting to the same on demand as aforesaid without prejudice to any other rights and
remedies of the MBMC the same may be recovered from the contractor as arrears of land revenue through the
Collector of District. The MBMC shall also be entitled to deduct the same from any amount which may then
be payable or which may thereafter become payable by the MBMC to the contractor either in respect of the
said work or any other work whatsoever or from the amount of security deposit retained by the MBMC.

ANNEXURE TO CLAUSE 20 :

The defect liability period shall be as under :

Types of Work Defect liability period after commissioning

1 Plinth Protection Concrete - 12 month

ontractor to
Clause 14 : The contractor shall supply at his cost all materials (except such special materials, if any as
pply plant, may in accordance with the contract, be supplied from the MBMC's stores) plant tools, appliances
dders implements, ladders, tools, tackle scaffolding and temporary works requisite or proper for the proper
affolding etc execution of the work whether in the original, altered or substituted from the whether included in the
specification or other documents forming part of the contract of referred to in these conditions or not
and which may be necessary for the purpose or satisfying or complying with the requirements of the
Engineer-in-charge as to any matter as to which under these conditions he is entitled to be satisfied or
which he is entitled to require together with the carriage here for to and from the work. The contractor
shall also supply without charge and from the work. The contractor shall also supply without charges the
requisite number of persons with the means and materials necessary for the purpose of setting out
works and counting weighing and assisting in the measurement or examination at any time and from
time to time of the work or the materials failing which the same may be provided by the Engineer-in-
charge at the expense of the contractor and the expenses may be deducted from any money due to the
contractor under the contract or from his security deposit or the proceeds of sale thereof, or a sufficient
portion thereof. The contractor shall provide all necessary fencing and lights required to protect the public
from accident and shall also be bound to bear the expenses of defense of every suit, action or other legal
proceeding, 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 consent of the contractor be paid or compromising
any claim by any such person.

Clause 15: The contractor shall not set fire to any standing jungle, trees, brushwood or grass without a
Measure for
prevention of written permission from the Executive Engineer.
fire.
When such permit is given and also in all cases when destroying cut or dug up trees brushwood, grass etc. by
fire, the contractor shall take necessary measure to prevent such fire spreading to or otherwise damaging
surrounding property.

The Contractor shall make his own arrangements for drinking water for the labours employed by him.

Contractor/Agency No. of Corrections Executive Engineer


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bility of
Clause 16: Compensation for all damages done intentionally or unintentionally by contractor's labour directly
ntractor for any or indirectly in connection with execution of the contracted work whether in or beyond the limits of MBMC's
mage done in or property including any damage caused by the spreading at fire mentioned in clause 22 shall be estimated by the
side work area. Engineer-in-charge or such other officer as he may appoint and the estimate of the Engineer-in-charge subject to
the decision of the Superintending Engineer on appeal shall be final and the contractor shall be bound to pay
the amount of the assessed compensation on demand failing which the same will be recovered from the
contractor as damages in the manner prescribed in Clause -1 or deducted by the Engineer-in-charge from any sums
mat may be due or become due from MBMC to contractor under this contract to otherwise.The contractor shall
bear the expenses of defending any action or other legal proceedings mat may be brought by any persons for injury
sustained by him owing or neglect of precautions to prevent the spread of fee and he shall pay any damages and
cost that may be awarded by the court in consequence thereof

Clause 17: The employment of female labour on works in neighborhood of soldier's barracks should be avoided
as far as possible.
mployment of
emale labour
Clause 18 : No work shall be done on a Sunday without the sanction in writing of the Engineer-in-charge.
Work on Sunday

Clause 19 : The contractor shall not be assigned or sublet this work and if the contractor without become
Work not to
sublet insolvent or commence any proceedings to get himself adjudicated and insolvent or make any composition with
his creditors, or attempt to do or if bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or
otherwise, shall either directly or indirectly be given, promised or offered by the contractor or any of his
Contractor may
be rescinded and servants or agents to any public officer or person in the employment of MBMC in any way relating to his
security deposit office or employment, or if any such officer or person shall become in any way directly or indirectly interested
forfeited for in the contract, the Engineer-in-charge may thereupon by notice in writing rescind the contract, and the
submitting It
without approval
security deposit of the contractor shall ensure as if the contract had been rescinded under Clause 3 hereof and
or for binding a in addition the contractor shall not be entitled to recover or be paid for any work therefore actually
public officer or performed under the contract.
If contractor
becomes
insolvent
Direction and Clause 20 : All works to be executed under the contract shall be executed under the direction & subject to
control of the the approval in all respect of the Executive Engineer shall be entitled to direct at what point or points and in
Executive what manner they are to be commenced and from time to time carried on.
Engineer

Clause 21 : (1) Except where otherwise specified in the contract and subject to the powers delegated
to him by the MBMC under the code, rules, orders then in force, the decision of the Superintending
Engineer of the Circle for the time being shall be final, conclusive and binding on all parties of the contract
upon all questions relating to the meaning of the specifications, designs. drawings and instructions
hereinbefore mentioned and as to the quality of workmanship or materials used on the work, or as to any
other question claim, right matter, or thing whatsoever, in anyway arising out of or relating to the
contract designs drawings, specifications, estimates instructions, orders or these conditions, or otherwise
concerning the works, or the execution, or failure to execute the same whether arising during the
progress of work, or after the completion abandonment thereof.

(2) The contractor may within thirty days of receipt by him of any order passed by the Executive
Engineer as aforesaid appeal against it to the Commissioner concerned with the contract work or project
provided that -

(a) The accepted Value of the Contract exceeds Rs. 10 lakh (Rupees Ten Lakhs).

(b) Amount of claim is not less than Rs. 1.00 Lakh (Rupees One
Lakh).

(3) If the contractor is not satisfied with the order passed by the Executive Engineer as aforesaid, the
contractor may, within thirty days of receipt by him of any such order, appeal against it to the Commissioner,
Mira-Bhaindar Muncipal Corporation .who if
convinced that prima facie, the contractor's claim rejected by Executive Engineer is not frivolous and
that there is some substance in the claim of the contractor as would
merit a detailed examination in the claim of the contractor as would merit a detailed examination. The decision
of the Commissioner shall be final and binding on the contractor and the Engineer-in- charge.
Contractor/Agency No. of Corrections Executive Engineer
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Lump sums Clause 22: When the estimate on which a tender is made include lump sum in respect of parts of the work,
in Estimate the contractor shall be entitled to payment in respect of the hems of work involved or the part of the work in
question at the same rates as are payable under this contract for each hems, or if the part of work in question is
not in the opinion of the Engineer-in-charge capable of measurement, the Engineer-in-charge may as his
discretion pay the lump sum amount entered in the estimate and the certificate in writing of the Engineer-in-
charge shall be final and conclusive against the contractor with regard to any sum or sums payable to him under
the provisions of this clause.

Clause 23: In the case of any class of work for which there is no
Action where
no such specification as is mentioned in Rule 1 of form B-l such work Shall be carried out in accordance with the
specifications Divisional specifications and in the event of there being no Divisional specification, then in such case the work
shall be carried out in all respects in accordance with all instructions and requirements of the Engineer-in-
charge.

Clause 24: The expression 'works' or 'work' where used in these conditions, shall unless there by
Definition something in the subject or context repugnant to such construction, be construed to mean the work or works
of work
contracted to be executed under or in virtue of the contract, whether temporary or permanent and whether
original, altered, substituted or additional.
Clause 25: The percentage referred to in the tender shall be deducted from/added to the gross amount of
Contractor's the bill before deducting the value of any stock issued.
percentage
whether applied
Refund of
amount of bill Clause 26: All quarry fees, royalties, Octroi duties and ground rent for stacking materials, if the contractor
quarry fees should pay any, royalties who will not be entitled to a refund of such charges from MBMC
and royalties

Compensation
Clause 27: The contractor shall be responsible for and shall pay
under Workmen any compensation to his workmen payable under the Workmen's
compensation Act, 1923 (VIII of 1923) (hereinafter called the said Act) for injuries caused to the workmen. If such compensation
is payable/paid by MBMC as principal employer under Sub-section (1) of section 12 of the said Act on behalf of
the contractor. Claim for quantities entered in the tender or estimate it shall be recoverable by MBMC from
the contractor under sub section (2) of the said section, such Compensation shall be recovered in the
manner laid down in Clause 1 above.

Clause 28 (A): The contractor shall be responsible for and shall pay the expenses of providing medical
aid to any workman who may suffer a bodily injury as a result of an accident. If such expenses are
incurred by MBMC, the same shall be recoverable from the contractor forthwith and be deducted without
prejudice to any other remedy of MBMC from any amount due or that may become due to the contractor.

Clause 28 (B): The contractor shall provide all necessary personal safety equipment and first aid
apparatus available for the use of the persons employed on the site and shall maintain the same in
condition suitable for immediate use at any time and shall comply with the following regulations in
connection therewith.

(a) The workers shall be required to use the equipment so


provided by the contractor and the contractor shall take adequate steps to ensure proper use of the
equipment by those concerned.

(b) When work is carried on in proximity to any Place where there is a risk or drawing all necessary
equipment shall be provided and kept ready for use and all necessary steps shall be taken for the
prompt rescue of any person in danger.

(c) Adequate provision shall be made for prompt first aid


treatment of all injuries likely to be sustained during the course of the work.

Clause 28 (C) : The contractor shall duly comply with the provisions of 'The Apprentices Act, 1961' (LII
of 1961) and the rules and orders made there under and the orders that may be issued from time to time
Contractor/Agency No. of Corrections Executive Engineer
- 23 -
under the Act. If he fails to comply the said rules and on his failure or neglect to do so, he shall be subject
to all the liabilities and penalties provided by the said Act and said rules. Further his failure will be treated
as breach of the contract and the Superintending Engineer may at his discretion cancel the contract. The
contractor shall also be liable pecuniary liability arising on account of any violation by him of the
previsions of the Act.

(2) Quantities in respect of the several items shown in the tender are approximate and no revision in
the tendered rate shall be permitted in respect of any of the items so long as, subject to any special
provision contained in the specifications prescribing a different percentage of permissible variation the
quantity of the them does not exceed the tender quantity by more than 25 percent or so long as the value
of the excess quantity beyond the limit of tendered quantities at the rate of the item specified in the tender,
is not more than Rs.5000/- (whichever is more).

(3) The contractor shall, if ordered in writing by the Engineer to do also carry out any quantities in excess
or the limit mentioned in sub clause (1) hereof on the same conditions as and in accordance with the
specifications in the tender and at the rates (i) derived from therates entered in the current schedule of
rates and in the absence of such rates (ii) at the rate prevailing in the market, the said rates being
increased or decreased as the case may be by the percentage which the total tendered amount bears to the
estimated cost of the work as put to tender based upon the schedule of rates applicable to the year in
which the tenders were invited (for the purpose of
operation of this clause, this cost shall be taken to be Rs. …………………… in words (Rupees
…………………………………………………………………………… only) as per D.S.R..

(4) This clause is not applicable to extra items.

(5) Claims arising out of reduction in the tendered quantity of any hem beyond 25 percent will be
governed by the provision of clause 15 only when the amount of such reduction beyond 25 percent at the
rate of the hem specified in the tender is more than Rs.5000/-. This reduction is exclusively of the
reduction mentioned in clause
No. 14 & 15 of work and site condition.

(6) There is no change in the rate if the excess is less than or equal to 25%. Also there is no change in the
rate if quantity of work done is more than 25% of the tendered quantity, but value of the excess work at
the tender rates does not exceed Rs.5000/-.

(7) The quantities to be paid at tendered rate shall include: - Tendered quantity plus. 25% excess of the
tendered quantity or the excess quantity of the value of Rs.5000/- at the tendered rates whichever is more.

(8) In the schedule B any probable item is included without stating its quantity but by stating the
rate for such item, then the tendered quantity for such item shall be treated as Zero for applicability
of this Clause.

ANNEXURE CLAUSE – EXCESS QUANTITY

CLARIFICATION TO THE CLAUSE OF EXCESS QUANTITY.

1) The Executive Engineer will see that the claim towards the excess quantities as per respective Clause
of B - 1 agreement is submitted to the higher authorities for approval immediately on its cropping up
While making such payments, the total
expenditure on the scheme shall not exceed sanctioned cost of the scheme.

2) Quantity equal that of quantity as per Schedule B plus 25% or Rs. 5,000.00 (Rupees Five Thousand
Only) whichever is more, shall be paid at accepted tender rate as usual after submission of excess
quantity proposal to the competent authority for approval.

Contractor/Agency No. of Corrections Executive Engineer


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3) The Executive Engineer is hereby authorized to make 50% payment of the excess quantity beyond
25% over tender quantity or Rs. 5,000.00 (Rupees Five Thousand Only) cost, whichever is more at
proposed rates after submission of excess quantity proposal to the competent authority for approval.

4) The powers for approval of excess beyond estimated quantity worth Rs. 10.00 lakhs are vested with
Executive Engineer. The City Engineer is empowered to approve proposal of excess quantity worth Rs.
30.00 lakhs only subject to condition that due to approval of excess quantity proposal there should not be
any increase in the sanctioned cost of the Scheme. Excess Quantity proposal involving approval of excess
quantity beyond 30.00 lakhs is in the power of Commissioner of MBMC subject to revised administrative
approval to the work.

Clause 29: If the rate entered into Schedule B for the work of excavation of pipe line is a combined rate
for different strata’s, then the rate entered in Schedule B will be applicable for quantity 25% in addition to
the quantity mentioned in Schedule - B of all items of excavation for pipe line trenches and for excess
over 25% of Schedule - B quantity the rate payable to the contractor shall be worked out from the CSR by
considering following percentage of excavation in different strata’s irrespective of actual strata met at the
site for the increased quantity.

For Distribution System

i) Earth all types of earth, soils, sand, gravel, and soft murum, with lead upto 50 m and lift as involved,
including dewatering, shoring and strutting etc. excluding refilling etc. 40% of average rate for Lift
0.00 to 1.50 m and 0% for lift 1.50 to 3.OO m.

ii) Excavation in hard murum with lead of 50 m and lifts as involved, including dewatering, shoring and
strutting, excluding refilling 0.00% for average rate of lift 0.00 to 1.50 m and 0.00% for 1.50 to 3.00.

iii) Excavation for pipe trenches in Slush / Muddy / Slushy / soil with lead upto 50 m dewatering shoring
and strutting, excluding backfilling 30% of average rate for lift 0.00 to 1.50 m and 0.00% for lift 1.5
to 3.00 m.

iv) Excavation for pipe trenches in soft rock and old cement lime masonry including lead upto 50 m,
required lift, dewatering, shoring, strutting, excluding back filling 15% of average rate for lift 0.00 to
1.50 and 0% for lift 1.5 to 3.0 m.

v) Excavation for pipe trenches in hard rock by chiseling and by mechanical means or by any other means
including rimming and leveling - lead upto 50 m, dewatering, shoring, strutting, excluding back
filling 15% of average rate for lift 0.00 to 1.50 m

ployment of Clause 30: The contractor shall employ any famine, convict or other labour of a particular kind or class if
ine labour etc.
ordered in writing in writing to do so by the Engineer-in-charge.

Clause 31: No compensation shall be allowed for any delay caused in the starting of the work on
laim for account of acquisition of land or in the case of clearance works on account of any delay in according to
ompensation sanction of estimates.
elay in staring
e work
Clause 32: No compensation shall be allowed for any delay in the execution of the work on account of
water standing in borrow pits compartments. The rates are inclusive for hard or cracked soil,
Claim for excavation in mud, sub-soil, water standing in borrow pits and no claim for an extra rate shall be
Compensation
Delay in entertained, unless otherwise expressly specified.
execution work.
Entering upon Clause 33: The contractor shall not enter upon or commence any portion of work except with the written
commence any
portion of work
authority and instructions of the Engineer - in Charge or of his subordinate-in-charge of the work
Failing such authority the contractor shall have no claim to ask for measurements of or payment for work.

Contractor/Agency No. of Corrections Executive Engineer


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Clause 34:
nimum age of
sons employed
j) No contractor shall employ any person who is under the age of 18 years
employment of ii) No contractor shall employ donkeys or other animals with breeching of string of thin rope. The
keys & for breeching must be at least three inches wide and should be of tape (Newar).
er animals &
payment of fair
ges. iii) No animal suffering from sores, lameness or emaciation or which is immature shall be employed on
the work.

iv) The Engineer-in-charge or his Agent is authorized to remove from the work, any person or animal found
working which does not satisfy these conditions and no responsibility shall be accepted by MBMC for any
delay caused in the completion of the work by such removal.

v) The contractor shall pay fair and reasonable wage to the workmen employed by him in the contract
undertaken by him. In the event of any dispute arising between the contractor and his workmen on the grounds
that the wages paid are not fair and reasonable the dispute shall be referred without delay to the Executive
Engineer who shall decide the same. The decision of the Engineer shall be conclusive and binding on the
contractor but such decision shall not in any way affect the conditions in the contract regarding the payment to
be made by MBMC to the contractor at the sanctioned tender rates.

vi) Contractor shall provide drinking water facilities to the workers. Similar amenities shall be provided to
the workers engaged on large work in urban areas.

vii) Contractor to take precaution against accidents which takes place on account of labour using loose
garments while working near machinery. He shall not allow his workers to wear loose clothes like Dhoti,
Jhabba etc. near machinery.

Clause 35: Payment to contractors shall be made by cheque drawn on any Bank within the division
Methods of
payment
convenient to them MBMC provided .

Acceptance of Clause 36: Any contractor who does not accept these conditions shall not be allowed to tender for
conditions works. Entering into contract by the Contractor with MIP by the contractor shall be considered as
Compulsory incontrovertible proof of acceptance of all conditions of the contract by the contractor.
before tendering
or work
Employment of Clause 37: If Government declares a state of scarcity of famine to exist in any village situated within 16
Scarcity labour kilometers of the work, the contractor shall employ upon such parts of the work, as are suitable for unskilled
labour, any person certified to him by the Executive Engineer or be any person to whom the Executive
Engineer may have delegated this duty in writing, to be in need of relief and shall be bound to pay to such
person wages not below the minimum which Govt. may have fixed in his behalf. Any dispute which may arise
in connection with the implementation of this clause shall be decided by the Executive Engineer whose
decision shall be final and binding on the Contractor.

Price not to
Clause 38: The price quoted by the contractor shall not in any case exceed the control price if any fixed
Exceed fixed by Govt. or reasonable price which it is permissible for him to charge a private purchaser for the same class
by Govt. and description, the controlled price or the price permissible under Hoarding and Profiteering Ordinance 1948
as amended from time to time, if the price quoted exceeds the controlled price or the price permissible under
Hoarding and Profiteering Prevention Ordinance the contractor will specifically mention this fact in his tender
along with the reasons for quoting such higher prices. The purchaser at his discretion will in such case exercise
the right of revising the price at any stage so as to conform with the controlled price on the permissible under
the Hoarding and Profiteering Prevention Ordinance. The discretion will be exercised without prejudice to any
other action that may be taken against the contractor.

Rate inclusive of
Clause 39: The rates to be quoted by the contractor must be inclusive of Sales Tax and other taxes. No
Sales Tax extra payment on this account will be made to the contractor.

Clause 40: In case of materials that may remain surplus with the contractor from those issued by the MBMC
Sates Tax on for the work contracted for the date of ascertainment of the materials being surplus will be taken as the date of
urplus material
sale for the purpose of sales tax and the sales tax will be recovered on such sale.
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Employment of Clause 41 : The contractor shall employ at east 80 per cent of the
Local Labour total number of unskilled labour to be employed by him on the said work from out of the persons ordinarily
residing in the district in which site of the said work is located.

Provided, however, that if the required number of unskilled labour from that district is not available, the
contractor shall in the first instance employ such number of persons as is available and thereafter may with
previous permission in writing of the Executive Engineer-in-charge of the said work, obtain the rest of the
requirement of unskilled labour from outside district.

ges to be paid to
Clause 42:The contractor shall pay the labourers skilled and
skilled and unskilled according to the wages prescribed by the Minimum wages Act applicable to the area in which
killed by the the work of contractor labours engaged contractor is located.
tractor.

Clause 43 : All amounts whatsoever which the contractor is liable to pay to the MBMC in connection with
the execution of the work including the amount payable in receipt of (i) materials and/or stores
supplied/issued hereunder by the MBMC to the contractor (ii) hire charges in respect of heavy plant,
machinery and equipment given on hire by the MBMC to the Contractor for execution by him of the work
and/or on which advances have been given by the MBMC to the contractor, (iii) excess amount incurred by
MBMC over the Security Deposit furnished by the Contractor for completion of works in view of provision
of Clause 3(b), 3(c) and Clause 5(iv). Liquidated Damages ' Compensation amount which could not be
recovered from the Security Deposit due to non-availability of adequate Security Deposit to cover such
compensation, (v) Penalty under Clause 8 so far as the part which could not be recovered from any payment
due to the contractor or from Security Deposit available with Engineer-in-Charge, (vi) amount of
compensation recoverable under Clause 17 which could not be recovered from the amount of Security
Deposit, (vii) extra expenditure incurred by the Engineer-in-charge for carrying out rectification of defective
works under Clause 20, (viii) any other payment / compensation/ penalty / dues etc. recoverable by the
Engineer-in-charge from contractor which could not be recovered from the amount of security deposit shall
be deemed to be debt payable by the Contractor to the MBMC and the MBMC without prejudice to any
other right and remedies of the MBMC may recover the same from the contractor as arrears of land revenue
through the Collector of the District.

Clause 44 : The successful tenders will be required to produce to the satisfaction of the specified
concerned authority a valid and consequent license issued in favour under the provisions of the Contract
Labour (Regulation and Abolition) Act, 1970 before starting the work. On failure to do so, the
acceptance of tender should be liable to be withdrawn and also Earnest Money / Security Deposit forfeited.

"The Contractor shall duly comply with all the provisions of the Contract Labour (Regulation and
Abolition) Act, 1970 (37 of 1970) and the Maharashtra Contract Labour (Regulation and Abolition) Rules
1971 as amended from time to time and all other relevant statutes and statutory provisions concerning
payment of wages particularly to workmen employed by the contractor and working on the site of the
work. In particular the contractor shall pay wages to each worker employed by him on the she of the work
at the rates prescribed under the Maharashtra Contract Labour (Regulation and Abolition) Rules 1971. If
the contractor
fails or neglects 10 pay wages at the said rates or makes short payment and the MBMC makes such payment
of wages in full or part thereof less paid by the contractor, as the case may be, the amount so paid by
the MBMC to such workers shall be deemed to be debt payable by the contractor and the MBMC shall be
entitled to recover the same as such from the contractor or deduct same from the amount payable by the
MBMC to the contractor hereunder or from any other amounts payable to him by the MBMC

Clause 45 : Where the workers are required to work near Machine and are liable to accident they should
not be allowed to wear loose clothes like Dhoti. Jhabba etc.

Clause 46 : Provision of all applicable Indian Laws shall be treated as applicable for this contract.

Clause 47 : In view of difficult position regarding the availability of the Foreign exchange, no
foreign exchange, will be released by the Department for the purchase of the Plant and Machinery
required for the execution for the work concerned.
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Clause 48 : The tendered rates shall be inclusive of all taxes, tax livable in respect of works contract under
the provisions of the Maharashtra Sales Tax on transfer of property in goods involved in the execution of
works contract Act, 1985 (Maharashtra Act No .XIX of 1985). However the works contract tax
shall be deducted from the Contractor's Running Account bills at the rates applicable as per rules in force
and the same shall be remitted in the Govt. treasury / Bank and no reimbursement in this respect shall be made
by the department.

Anti-Malaria A other health services

Clause 49:

(A) The anti malaria and the health measures shall be


as directed by the Joint Director (Malaria and Filaria) of Health
Service, Pune.
(B) Contractor shall see that mosquitogenic conditions are not created so as to keep vector population
to minimum level.

(C) Contractor shall carry out anti malaria measures in the area
as per guidelines prescribed under National Malaria
Eradication Programme and as directed by the Joint Director
(M & F) of Health Services, Pune.

(D) In case of default in carrying out prescribed anti malaria


measures resulting in increase in malaria incidence
contractor shall be liable measures to control the situation in
addition to fine.

(E) Relations with Public Authorities:


The contractor shall make sufficient arrangements for draining away the village water as well
as water coming from the bathing and washing places and shall dispose off this water in such a
way as not to cause, any nuisance. He shall also keep the premises clean by employing sufficient
number of sweepers.

The contractor shall comply with all rules, regulations, bye-laws and directions given from time to
time by any local or public authority in connection with this work and shall pay fees or charge
which are livable on him without any extra cost to Government.

Clause 50: The successful contractor will have to enter into agreement in form specified by MBMC on a
stamp of required amount as per rules in force. The stamp charges shall be borne by the contractor.

1. Receipts for payments made on account of any work, when executed by a firm should also be signed
by all the partners except where the contractors are described in their tender as firm, in which case the receipt
shall be signed in the name of the firm by one of the partners, or by some other person having authority to give
effectual receipts of the firm.

2. All works shall be measured net by standard measure and according to the rules and customs of the
MBMC and in absence of such rules and custom in MBMC then as per rules and customs of P. W. Department
of Govt. of Maharashtra without reference to any local custom.

3. The measurements of work will be taken according to the


usual methods in use in the Mira-Bhaindar Muncipal Corporation and no proposals to adopt alternatives
methods will be accepted. The Executive Engineer's decision as to what is the usual method in use in the
MBMC will be final

4. The contractor will have to construct shed, for storing controlled and valuable materials issued to
him under Schedule 'A' of the agreement, at work site having double locking arrangement. The materials will

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be taken for use in the presence of the
Department person. No materials will be allowed to be removed from the site of works.

5. The tendered rate shall be inclusive of all taxes, duties levies, cess (including Sales Tax) as amended from
time to time. No extra payment on this account shall be made to the contractor.

Clause 51 : Price Variation Clause : not Applicapal

Clause 52: The contractor shall provided and maintain guards, guard rails, temporary bridge and
walkways, watermen headlights and danger signals illuminated from sunset to sunrise and other
necessary appliances and safeguards to protect the work, life property, the public, excavations,
equipment and materials barricades shall be substantial construction and shall be painted such as to
increase then visibility at night. For any accident arising out of the neglect of above instructions, the contractor
shall be bound to bear the expenses of defense of every suit, action or other legal proceedings, at law that
may be brought by any person for injury sustained owing to neglect of the above precautions and to pay all
damages and costs which may be awarded in any such suit, action or proceedings to any such person on which
may with the consent of the contractor be paid in compromising any claim by any such person.

Clause 53: (Insurance)


Contractors shall take out necessary Insurance Policy / Policies so as to provide adequate insurance cover
for execution of the awarded contract work from the Director of Insurance, Maharashtra State, Mumbai -
51 only. Its postal address for correspondence is "264, Ist Floor, MHADA, Opp. Kalanagar, Bandra (East),
Mumbai - 400 051. Tel. No. 26438403 / Fax : 26438461 / 26438690). Insurance however, if the contractor
desire to effect insurance with the local office of any insurance company, the same should be under the co-
insurance-cum-servicing arrangements approved by the Director of Insurance If the policy taken out by the
contractor is not on co-insurance basis (G.I.F. 60% and Insurance company 40%) the same will not be
accepted and the amount of premium calculated by the Director of Insurance will be recovered directly from
the amount payable to the contractors for the executed contract work which may be noted

a) Loss of or damage to the Civil and Mechanical equipment's supplied / installed including the
materials such as pipes, valves specials etc. brought on she.
b) Loss of or damage to contractor’s equipment's including his vehicles.

c) Loss of or damage to property (except the works, Plant Material and Equipment) in connection with
the contractor. And ;

Personal injury or death due to vehicles of the contractor and / or due to any accident that may arise
at or around the site to the Contractor personal or to the MBMC staff or to any other person not
connected with MBMC/contractor.

1. Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for
the Engineer's approval before the date of actual starting of work. All such insurance shall provide
for compensation to be payable in the types of proportions of currencies required to rectify the
loss or damage incurred.

2. If the contractor does not produce any of the policies and certificates required, the engineer
may effect the insurance for which the contractor should have produced the policies and certificates and
recover the premiums it has paid from payments otherwise due to the contractor or, if no payment is due,
the payment of the premiums shall be of debt due.

3. Alterations to the terms of insurance shall not be made without the approval of the engineer.

4. The minimum insurance cover for loss and damages to physical, injury and death shall be 10% of the
contract cost per occurrence with number of occurrences as 4 (four). After each occurrence the contractor
shall pay additional premium necessary so as to keep the insurance policy valid always till the defect
liability period is over.

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5. No payment will be released to the contractor until the insurance coverage with the Govt. insurance
fund, Maharashtra State is provided and unless the proof of insurance coverage is produced by the
contractor to the Engineer- in- charge.

Clause 54: (CSMC)


In case MBMC decides to appoint a construction, supervision and management consultant for supervising/
monitoring works under this contract, the civil / mechanical / electrical contractor shall be liable to execute
the work under the supervision of C.S.M.C. All decisions regarding the work in such cases shall be taken by
the C.S.M.C. on behalf of M.B.M.C. and will be binding on the contractor.

In such cases the contractor will have to sign the agreement between the MBMC of C.S.M.C. in token of
acceptance of the C.S.M.C. as the sole supervisor of the works under the agreement.

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MIRA-BHAINDAR MUNCIPAL CORPORATION


WATER SUPPLY DEPARTMENT

CONDITIONS FOR MATERIAL SCHEDULE 'A'

CSA-1 Other materials except as shown in Schedule 'A' required for the work shall be
procured and supplied by the contractor at his cost. In such cases the test certificate for
their quality shall have to be produced by the contractor.

CSA-2 Material shall be available for delivery on any working day from 11.00 A.M. to 05.00 P.M. with
at least week's intimation in advance.

CSA-3 The contractor shall maintain proper account of consumption of all material supplied to
him by the department as per schedule 'A' in the register which may be if required,
modified as prescribed by Board and shall submit the extract of the same monthly to the
Executive Engineer. The Executive Engineer shall reserve the right to stop further issue of
material to the contractor if monthly account of the previously issued material is not
submitted by the contractor. He shall be fully responsible for the consequence arising out of
this.

The contractor shall responsible for proper handling and safe custody of material issued to
him by Board, for use on the work and shall return to Government all surplus material after
completion of work, if and as ordered by the Executive Engineer vide Clause - 12 of B.1
Form. The cost of damages or unserviceable material as would be fixed by the Engineer-in-
Charge shall be recovered from the contractor. The material, which is not found,
accounted properly after considering reasonable percentage of wastage shall be charged
at panel rates or determined by the Engineer-in- Charge

CSA-4 The contractor shall at his own cost make arrangement for storing cement brought by him
by constructing a pucca shed and platform, etc. with double locking arrangements. Any
damage to the cement due to inadequate provision of store theft etc. will to the account
of the contractor

CSA-5 If there is delay in supplying the materials due to reasons outside the control of the
Department or due to the materials being out of stock, no claim for compensation will be
considered on the ground of delay in the supply of the materials

CSA-6 All the materials mentioned in Schedule ‘A1 required for the work shall be obtained
from the Department's store only where otherwise provided. The material obtained
from other sources shall not be allowed to be used except under written permission of
the Engineer-in-Charge and after producing necessary test certificate.

CSA-7 The contractor shall inspect the material thoroughly before taking delivery of the same and
shall take the delivery in good and sound condition and sign the unstamped receipt in
token of receipt. Damages to the material noticed afterwards will be to the account of the
contractor.

CSA-8 Quantities in Schedule 'A'1 are approximate and shall vary according to actual and
bonafied use.

CSA-9 All the materials remaining unused after the completion of the work are to be returned to
Board at their store at the cost of the contractor and the credit if due will be given as per
rules enforces.

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CSA-10 Once the materials are issued to the contractor at the MBMC's store he shall remove the
same immediately to his stores, failing which rent as decided by Engineer-in-Charge
shall be recovered from the contractor.

CSA-11 The contractor shall submit account of all the materials issued to him previously before
demand for any fresh materials is made. Materials that cannot be accounted for shall be
recovered from him at the rates decided by the Executive Engineer.

CSA-12 The contractor will have to provide the manufacturer list report from Government
Laboratory regarding steel to be provided by the contractor.

CSA-13 If the contractor fails to return the balance materials with the firm, the same shall be
recovered at 2.0 times the issue rate or at the prevailing market rate, whichever is higher.

CSA-14 C.I. Flanged and S/s Specials required other than that not available with the department for
the work will be supplied by contractor as per necessity of the work.

CSA-15 The contractor shall be responsible for safety of materials (even if it is laid in ground) till
satisfactory Hydraulic Test is completed and work is finally handed over to the MBMC.

CSA-16 If the material supplied to the contractor at the place other than mentioned in
Schedule-A, the Transport charges will be paid as per prevailing DSR for the shortest
between stipulated place of delivery and actual place of delivery. In addition octroi on
such a material, if paid by the contract, same shall be reimbursed to the contractor on
production of proof of payment of such charges to Municipal Council.

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GENRAL CONDITIONS

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MIRA-BHAYANDAR MUNICIPAL CORPORATION
WATER SUPPLY DEPARTMENT

GENRAL CONDITIONS

1. The contractor shall study the site and general condition of the work site and
availability of labour, power supply, water supply, transportation facilities etc. as
required for execution of work. The clarification of any required shall obtained from
the corporation well in advance in writing before submission of the tender. It will
be deemed that all necessary site information and details that are required have
been personally verified submission of tender by the contractor for completing the
job as per the tender specification.
2. Schedule A material will be supplied by the department only
3. The contractor should appoint a well qualified staff. The instructions and order
given to the in-charge (representative of contractor) shall be deemed to have been
given to the contractor.
4. The mishap or accident that may during maintenance/ maintenance period to any
labour or machinery by any cause whatsoever will be at contractors risk. Agency
will be paying labour compensation as required thereon and not by the Mira-
Bhayandar Municipal Corporation. Cost of damages to plant due to bad
workmanship and negligence on the part of the contractor will be recovered from
the contractor.
5. Security deposit will be refunded after completion for guarantee period of 6
months if no fault found during the period.
6. The staff employed by the contractor at the site of his work not to be treated as
municipal staff.
7. If the agency do not undertake any rectification of fault / defect or maintenance
work included in the tender within 15 days from the date of issue of letter by the
Engineer – In – Charge. The same will be carried out departmentally ort though
some other agency at the risk and cost of the contractor.
8. The Tender shall be be opened even if the bidder has given a written
letter for not opening Technical or Price bid for that tender. And it the
rates are approved it is mandatory for the bidder to accept the work
order and start the work. Failing which the EMD of the bidder shall be
forfeited and bidders shall be blocked for further e-Tendering process.
And under the circumstances, further action shall be proposed in
accordance with Government Resolution No… Dated 28 September
2006.
9. The Tenderers who have quoted more than 15 % rebate over the office
estimate shall upload rate Analysis Document along with the bid.
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Failing Which the Bid shall be rejected and the EMD of the tenderers
shall be forfeited and tenderers shall be blocked for further e-tendering
process.
10. The Tenderers failed to upload all the mandatory technical bid
documents shall be considered as non-responsive and the EMD of the
tenderer shall be forfeited.
11. Hon. Commissioner, MBMC shall be the Appellate Authority for
the tenderers who are blocked for e-Tendering in MBMC.
12. Tenderer who fail to submit Security Deposit and signing the
contract Agreement within 7 days from acceptance of the bid or if the
tenderer fails to start the work without any reason within 7 days from
the date of the work order; the tender shall be cancelled and the
tenderers shall be blocked for further r-Tendering Process.

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ADDITIONAL GENRAL CONDITIONS

1. ACQUATANTANCE WITH SITE AND WORK CONDITIONS ETC.

The tenderer at his own expenses and prior to submitting the tender shall visit the
installation and determine the extend characteristics and quality of the work
required to be performed. The specification, description and drawing attached to
the tender are indicative and guidance only. All time, matter and things omitted in
the description are provided on the equipments are provided on the equipments
are deemed to be included in the scope of contract for operation, maintenance
and rutine rectification. In case of doubt about any item or data included in the
tender or otherwise shall be got clarified by applying in writing to the Executive
Engineer prior to data of submission of tender. The tenderer shall also examine
the local conditions, facilities available in the locality, prevailing wages and other
factors affecting cost and performance of work.

2. MATERIAL AND EQUIPMENT TO BE PROVIDED BY THE CONTRACTOR

All materials of construction/laying of pipe line shall be best quality and suitable
for the intended. These shall be got approved by the Executive Engineer-in-
charge before erection use. Unapproved material shall be removed from the site
immediately.

Following materials, tools and equipments shall be kept with the contractor for
maintenance and operation.

a. Cleaning
Cotton waste

i) Degreasing chemical/agents
ii) Bucket, plastic pipe etc.
iii) Brushes

b. Tools

i. Open ended spanner set


ii. Ring spanner set
iii. Normally required tools etc.
iv. Pipe wrenches
v. Box spanner etc.
vi. Bearing puller
vii. Fuse puller
viii. Crippling tools
ix. Bolt and net spanner
x. Great gun
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c. Protection Equipment

i. Hand Gloves (Suitable for use on 22 KV)


ii. Boots/Shoes (Suitable for use on 22 KV)

d. Phone & Vehicle

i. The contractor shall have mobile phone for communication of massage


at the time of emergency.

3. ELECTICAL POWER SUPPLY

Electric power supply required by the contractor will be provided fee of cost.

4. POWER OF ATTORNEY

In case of tenderer is a firm or a company it shall in its forwarding letter mention


the names of partners and of the persons would hold the power of attorney
authorizing him to conduct the transaction on behalf of the firm or company and
shall produce certified true copy of irrevocable power of attorney the tender and
original shall produced for verification on demand.

5. TENDER TO BE STRICTLY ACCORDING TO TENDER CONDITION

It should be clearly noted that the tender has to strictly comply with the condition
and specifications lay down in the tender and no variation are permissible.
Deviations made by the tenderer submitting the tender without following above
instruction would result in treating the tender as conditional tender and would not
be binding on the Department to consider such conditional tender and is liable for
rejection.

6. WORK ORDER BOOK

About half sheet size work order book shall be provided by the contractor and
handed over to the department for maintaining a work site. This shall be
permanent record. The contractor or his resident engineer shall sign below the
orders recorded by the Engineer-in-charge in token of having received them. He
may take out a copy thereof if necessary. He will not record any remarks in the
order book but may record and remarks in the order book he may take up the
matter recorded thereon. He shall carry out the order promptly and report
compliance.

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7. DESCRIPANCIES AND OMISSIONS

The tender drawing and specifications shall be considered as explanatory of each


and together shall from the technical requirements and stipulations of tender
documents. Detailed drawing shall have preference over small scale drawings.
Similarly in case of detailed specifications should any discrepancy arise as to the
decision of the Engineer-in-charge shall be the final and binding on the contractor.
The provision in the specification supersede those in the item of the schedule of
there any variation.

8. ACCIDENT ON THE WORK.

The contractor shall be fully responsible for any accident that may occur t the
labour on his work on duty and report the same to the Engineer-in-charge and
concerned Government Labour Department Authority and shall pay all necessary
compensation as per rules, failing which the same would be paid by the Mire-
Bhayandar Municipal Corporation and recovered from the amount payable to the
contractor.

9. RATES INCLUSIVE OF ALL SALES TAXES, DUTIES

The tendered rates shall be inclusive of all taxes duties and including local body
tax ,insurance ,turnover tax ,labour welfare tax .

10. INTEREST CLAIMS

No interest shall be payable by the department on the amount due to the


contractor pending final settlement of the claims.

11. TERMS OF PAYMENT

Payment shall be made on completion the works.


12. COMPLIANCE

The contractor shall be bound by all ordinances, acts, codes, rules, regulations,
orders and decrease of which in any way affect the work or workmen engaged for
the work. The contractor shall be deemed to have
protected and indemnified the Mira-Bhayandar Municipal Corporation against any
claim or liability arising from violation of above.

13. ACCOMMODATION

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The Mira-Bhayandar Municipal Corporation does not take any responsibility to
provide living accommodation. However, accommodation if available (the barters)
the same will be given on rental basis as per terms and conditions of the Mira-
Bhayandar Municipal Corporation.

14. MINIMUM STAFFING PATTERN

The minimum staffing pattern shall be as per the detailed specification.

15. SHIFT

A shift shall be of 8 hours duration. The contractor will have to operate the
maintenance in the shift as instructed by the Engineer-in-charge. Shift duration
timing will be informed to the contractor and he has to carry out the operation in
that timing only.

16. STAFF
If any of the person working on the job is found to be incompetent, irregular,
inefficient or does nit abbey instruction etc. then his presence will not be allowed
and he should be immediately removed and the satisfaction of the Engineer-in-
charge. The employee shall be provided with the specific uniform and identifying
nameplate prominently displayed on his uniform. The contractor shall within 15
days of issue of work order train thee staff in fire fighting and treatment on electric
etc.

17. The tender shall be economical sound to wait for payment. If the contractor harass
for supply of material at site against payment of bill, the contractor will be black
listed and no future tender will be issued to him.

18. DAMAGES TO UNDER / ABOVE GROUND UTILITY:


The distribution pipe line will be laid in the main areas of the Mira-Bhayander
Municipal area.During the course of excavation and laying of the pipe line utmost
care of existing main, electrical and telephone cables and private water connection
shall be taken. Any damage to existing main, electrical and telephone cable and
private water connection, etc accurse during the course of execution, same shall be
restored at the cost the contractor. In case, the repair is done by respective
Department/Owner, the cost of such repair will be recovered from the contractor.

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SPECIFICATION

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DETAILED 1TEMWISE SPECIFICATIONS

INDEX
SR.- NO. DESCRIPTION

1. General
2. Contractor to study site conditions
3. Declaration of contractor
4. Indemnity
5. Definitions
6. Errors, omissions and discrepancies
7. Working methods and progress schedule
8. Agent and work order book
9. Co-ordination
10. Assistance in procuring priorities/permits etc.
11. Quarries
12. Site Office
13. Treasure-Trove
14. Explosive
15. Damage by flood or accident
16. Police Protection
17. Traffic regulation
18. Inspection and supervision
19. Initial measurements
20. Samples and testing of materials
21. Change in cement contents etc.
22. Miscellaneous
23. Medical and sanitary arrangement for Labour
24. Safety Code
25. Scope of rates for different items of works
26. Payments
27. Handing over of work
28 to 60 General Additional Condition.

1. GENERAL

These are to apply as additional specifications and conditions unless otherwise already provided for
contradictorily elsewhere in this contract.

2. CONTRACTOR TO STUDY SITE CONDITIONS

The Contractor shall be deemed to have carefully examined the work and site conditions including
labour, the general and the special conditions, specifications, schedules and drawings and shall be
deemed to have visited the site of the work and to have fully informed himself regarding the local
conditions and carried out his own investigations to arrive at rates quoted in the tender, in this regard, he
will be given necessary information to the best of knowledge of MBMC Bhayandar but without any
guarantee to it. If he shall have any doubt as to the meaning of any portions of these general conditions,
Contractor/Agency No. of Corrections Executive Engineer
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or the special condition or the. scope of work or the, specifications and drawings, or any other matter
concerning the contract, he shall in good order that such doubts may be clarified authoritatively before
tendering. Once a tender is submitted, the matter will be decided according to tender conditions in the
absence of such authentic pre-clarification.

3. DECLARATION OF THE CONTRACTOR

The contractor should sign the declaration form on Page No. 7.

4. INDEMNITY

The Contractor shall indemnify the MBMC, Bhayander against all actions.sits claims and demands
brought or made against him in respect of anything done or committed to be done by the Contractor in
execution of or in connection with the work of this contract any loss or damage to the, MBMC
Bhayander in conse-quence of any action or suit being brought against the Contractor for anything done
or committed to be done in the execution of the work of this contract.

5. DEFINITIONS

Unless exluded by or repugnant to the context.

a) The expression “Government” as used in the tender paper shall mean the Government of Maharashtra.

b) The expression “City Engineer” as used anywhere in the tender papers shall mean City Engineer of the
Mira-Bhayander Municipal Corporation, Bhayander who is designated as such

c) The expression “Executive Engineer” or “Engineer-in-charge” as used in the tender paper shall mean the
Executive Engineer-in-charge of the work for time being.

d) The Expression “Contractor” used in the tender papers shall mean the successful tender whose tender
has been accepted, and who has been authorised to proceed with the work.

e) The expression “Contract” as used in the tender papers shall mean the deed of contract together with its
original accompaniments and those latter incorporated in it by mutual consent.

f) The expression “Plant” used in the tender papers, shall mean every temporary and necessary or
condifered necessary by the Engineer to execute, construct and maintain the works and used in, altered,
modified, substituted and additional work- ordered in the time and the manner herein provided and a
temporary materials and special and other articles of applicances of every sort, kind and description
whatsoever intended or used thereof

g) “Drawings” shall mean the drawing referred to in the specifications and any modifications of such
drawings in writing by Engineer and such other drawings as may from time to time be furnished or
approved in writing by the Engineer.

h) “Engineer’s representative” shall mean as assistant of the Engineer notified in writing to the Contractor
by the Engineer.

i) The “Site, shall mean the lands and/or other places, on under, in or through which the work is to be
executed under the contract including any other lands or places which may be designated by MBMC
Bhayander or used for the purpose of contract.

j) The “Work” shall mean the work to be executed in accordance with the contract or part (s) thereof as the
case may be and shall include all extra or additional, altered or substituted works as required for
performance of the Contract.

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k) The “Contract Sum” shall mean the sum for which the tender is accepted

I) The “Accepting Authority” shall mean the officer competent to accept the tender.

m) The “Day” shall mean the day of 24 hours from midnight to midnight irrespective of the number of
hours worked in any day in that week.

n) “Temporary works” shall mean all temporary works of every kind required in or about the execution,
completion, or maintenance of the work.

o) “Urgent works” shall mean any measure which in the opinion of the Engineer-in-charge, become
necessary, during the progress of the works to obviate any risk or accident or failure or which become
necessary for security of the work or the persons working, thereon.

6. ERRORS, OMMISSIONS AND DISCREPANCIES

a) In case of errors, ommissions, and/or disagreement between written and scaled dimensions an the
drawing or between drawing,-, and specifications etc. the following order of preference shall apply.
i) Between act” and scaled dimensions or descriptions on drawing the letter shall be adoped.

ii) Between the written or shown description or dimension in the drawing and corresponding one in the
specification, the latter shall apply.

iii) Between the quantities shown in schedule of the quantities and those arrived at from the drawings,
the latter shall be preferred.

iv) Between the written description of the item in the schedule of quantities and the detailed description
in the specifications of the same items, the latter shall be adopted.

b) In case of discrepancy between percentage rates quoted in figures and words, the lowest of the two will
be considered for acceptance of tender.

c) In all cases of ommissions and/or doubts or discrepancies in the dimensions or description of any item or
specifications, a reference shall be made to the Executive Engineer, MBMC Bhayander whose
elucidation, elaboration or decision shall be considered as authentic.The Contractor shall be held
responsible for any errors that may occur in the work through lack of such reference and precaution.

d) The special provision in detailed specifications and, wording of any item shall gain precedence over
corresponding contradictory provision (if any) in the Standard Specifications of MBMC Bhayander,
Department Hand Book where reference to such specifications is given without reproducing the details
in the contract.

7. WORKING METHODS AND PROGRESS SCHEDUILE:

7.1 PROGRAMME OF WORK

The work is required to be completed within a period of 18 months including the monsoon period. The
tentative programme may be as per the Barchart on page No.

7.2 a) METHODOLOGY OF CONSTRUCTION AND CONSTRUCTION EQUIPMENTS

Contractor shall furnish atleast 15 days in advance his programme of commencement of item of work,
the details of actual methods that would be adopted by the Contractor for die execution of various items
of work- such as well sinking, cast-in-situ, superstructure for Bridge work- and Earthwork, W.B.M.,
Black topping items etc. for road works supported by necessary detailed drawing and sketches including
those of the Plant and Machinery that would be used, their locations, arrangement for conveying and
handling materials etc. and obtain prior approval of Engineer-in-charge well in advance of starting of
such item of Work The Engineer-in-charge reserves the right to suggest modifications or make complete
changes in the method proposed by the Contractor, whether accepted previously or not any stage of the
work, to obtain the desired accuracy, quantity and progress of the work which shall be binding on the
Contractor, and no claim on account of such change in method of execution will be entertained by
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MBMC Bhayander so long as specifications of the item ramain unalterted. The sole responsibility for the
safety and adequacy of the methods adopted by the Contractor, will however, rest on the Contractor,
irrespective of any approval given by the Executive Engineer.

In case of slippage from the approved work programme at any stage, the Contractor shall furnish revised
programme to make up the slippage within the stipulated time schedule and obtain the approval of the
Executive Engineer to the revised programme.

b) CONTRUCTION EQUIPMENT

The Contractor shall be required to give a trial run of the equipments for establishing their capability to
achieve the laid down specifications and tolerance to the satisfaction of the City Engineer before
commencement of the work. All equipment provided shall be of proven efficiency and, shall be operated
and maintained at all times, in a manner acceptable to the Engineer and no equipment or personnel will
be removed from site without permission of the Executive Engineer.

c) PROGRESS SCHEDULE

The Contractor shall furnish within the period of one month of the order to start the work, the
programme of work- in COM/PERT charts in quadruplicate indicating the date of actual start, the
monthly progress expected to be achieved and the anticipated completion date of each major item of
work to be done by him, also indicating dates of procurement and anticipated completion date of each
major item of work to be done by him, also indicating dates of
procurement and setting up of material. and plant and machinery. The schedule is to be such as is
practicable of achievement towards the completion of whole in the time limit., the particulars items, if
any, on the due dates specified in the contract and shall have the approval of the Engineer-in-charge. No
revised schedule shall be operative without such acceptance in, writing. The Engineer is further
empowered to ask for more detailed schedule or schedules say week by week for any item or item, in
case of urgency of work- as will be directed by him and the Contractor shall supply the same as and
when asked for.

The Contractor shall furnish sufficient plant, equipment and labour as may be necessary to maintain the
progress of the schedule. The working and shift hours restricted to one shift a day for operations to be
done under the MBMC Bhayander supervision shall be such as may be approved by the Engineer-in-
charge. They shall not be varied without the prior approval of the Executive Engineer each times, if
requested by the Contractor. The Contractor shall provide necessary lighting arrangements etc. For night
work as directed by Executive Engineer without extra cost.

Further the Contractor shall submit the progress report of work- in prescribed form and charts etc. at
periodical intervals, as may be, specified by the Engineer in charge. Schedule shall be in the form of
progress charts, progress statement and/or reports as may be approved by the Executive Engineer.

The Contractor shall maintain proforma, charts, details regarding machinery, equipment, labour,
materials, personnel etc. as may be specified by the Engineer and submit periodically returns thereof as
may be specified by the Engineer-in-charge.

8. AGENT AND WORK ORDER BOOK


The Contractor shall himself manage the work or engage an authorised all time agent on the work and
under standing the specifications and contract conditions. A qualified and experienced, Engineer shall be
provided by the Contractor as his agent for technical matter,,,, in case, the Engineer-in-charge considers
this is essential for the work- and so directs Contractors. He will take orders as will be given by the
Executive Engineer or his representative and shall be responsible for carrying them out, This agent shall
not be changed without prior intimation to the Executive Engineer and his representative on the work
site. The Contractor shall supply to the Engineer the details of all supervisory and other staff employed
by the Contractor and notify changes when made, and satisfy the Engineer regarding the quantity and
sufficiency of the staff, thus employed. The Engineer will have the unqestionable right to ask for
changes in the quality and number of Contractor’s supervisory staff and to order removal from work of
any of such staff. The Contractor shall comply with such orders and effect replacements to the
satisfaction of the Executive Engineer.

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A work order book shall be maintained on site and it shall be the property of the MBMC Bhayander and
the Contractor shall promptly sign orders given therein by the Executive Engineer or his representative
and his superior officers and comply with them. The Compliance shall be reported by the contractor to
the Executive Engineer in good time so that it can be checked. The blank work order book with machine
numbered pages will be provided by the MBMC Bhayander free of charge for this purpose. The
Contractor will be allowed to copy out instructions therein from time to time.

9. CO-ORDINATION
When several agencies for different sub-works of the Project are to work simultaneously on the Project
site, there must be full coordination and cooperation between different Contractor to ensure final
completion of the whole Project smoothly. The scheduled dates for completion specified in each contract
shall therefore, be strictly adhered to. Each Contractor may make his independent arrangement for water,
power, housing, etc. if they so desire. On the other hand the Contractors are at liberty to mutual
agreement in this behalf and make joint arrangement with the approval of the Engineer. No single
Contractor shall take or cause to be taken by steps or action that may cause, disruption, discontent, or
disturbance of work, labour or arrangements etc. of other Contractor in the Project localities. Any action
by any Contractor which the Engineer in his unquestioned discretion may consider as infringement of
the above code, would be considered as a breach of the Contract Conditions and shall be dealt with as
such.

In case of any dispute, disagreement between the Contractors, the Engineer’s decision regarding the
coordination, co-operation and facilities to be provided by any of the Contractors shall be final and
binding on the Contractors concerned and such a decision or decisions shall not vitiate any Contract nor
absolve the Contractor (s) of his/their obligations under the contract not consider for the grant for any
claim or compensation.
10 ASSISTANCE IN PROCURING PRIORITIES, PERMITS, ETC.

The Executive Engineer, on a written request by the Contractor, will if in his opinion, the request is
reasonable and in the interest of work and is progress, assist the Contractor in securing-the priorities for
deliveries transport perm its for controlled materials etc. where such are needed. The MBMC Bhayander
will not, however, be responsible for the non availability of such facilities or delay in this behalf and no
claim on account of such failures or delay, in this behalf and no claims on account of such failures or
delay, shall be allowed by the MBMC bhayander.

The Contractor shall have to make his own arrangement for machinery required for the work. However,
such machinery conveniently available with the Department may be spared as the rules in force on
recovery of necessary Security Deposit and rent with agreement in the prescribed form. Such an
Agreement shall be independent of this contract and the supply of machinery shall not form a ground for
any claim or extension of time limit it for this work.

11 QUARRIES

11.1 No quarries are available with MBMC- Bhayander. The Contractor (s) shall have to arrange
the same himself/them selves.

11.2 Quarrying permission @will have to be directly obtained by the Contractor, from the Collector
of the district concerned for which purpose the department will render necessary assistance. All quarry
fees, royalty charges, octroi duties, ground rent for stacking materials, etc. if any to be paid, shall be paid
directly by the Contractor as per rules in force. The Contractor will however be entitled to a refund of
part of such charges as per admissible under rules as mentioned else where in this contract, after
obtaining a certificate from the Engineer-in-charge that the material were required for use on MBMC
Bhayander works.

12 TEMPORARY QUARTERS AND SITE OFFICE

12.1 The Contractor shall at his own expense maintain sufficient experienced supervisory staff etc.
required for the work and shall make his own arrangement, provide housing for them with all Necessary
arrangement, including fire precenting measures etc. as directed by the Engineer-in-charge.

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12.2 The Contractor shall provide, furnish, maintain and remove on completion of the work, a
suitable office on the work- site for the use of Executive Engineer’s representative. The covered area
exclusive of veranda should not be less than 4000 ft. It may have bamboo matting walls & or asbestos or
corrugated iron roof, oaved floor should be 18" above ground level. He should provide a basket type
latrine, urinals and keep them clean daily. This will be, supposed to be included in his rate.

13 TREASURE-TROVE

In the event of discovery -by the Contractor or his employees, during the progress of the work of any
treasure, fossils, minerals or any other articles of value or interest, the Contractor shall give immediate
intimation thereof to the Engineer and Forthwith hand over to the Executive Engineer such treasure of
things which shall be property of MBMC Bhayander.

14 EXPLOSIVES

The Contractors shall at his own expense construct and maintain proper magazine, if such are required
for the storage of explosives for use in connection with the work and such magazine being situated,
constructed and maintained in accordance With the Government Rules as applicable In that behalf the
Contractor, shall at his own expense obtain such license or licenses as may be necessary for string and
using explosives. Not withstanding that the location etc. or storage of explosives are approved by the
Executive Engineer, the Government shall not be incurring any responsibility whaterver in connection
with storage and use of explosives on the site or any accident or occurance whatsoever in connection
therewith all operation in or for which explosives are employed being at the risk of the contractor and
upon his sole responsibility and the Contractor hereby gives to MBMC Bhayander an absolute indemnity
in respect there of.

15 DAMAGE BY FLOODS OR ACCIDENTS

The Contractor shall take all precautions against damage by floods or like or from accidents etc. No
compensation will be allowed to the Contractor on this account or for correcting and repairing any such
damages to the work during constrution. The Contractor shall be liable to make good at his cost any
plant or material belonging to the Government lost of damaged by floods or from any other cause which
is in his charge.

16 POLICE PROTECTION
For the Special protection of camp and of the Contractor’s works, the Department will help the
Contractor as for as possible, to arrange for such protection with the concerned authorities, if so required
by the Contractor in writing/The full cost of such protection shall be borne by the Contractor.

17 TRAFFIC REGULATION FOR ROAD WORKS


17-1 Unless, Separately provided, for in the Contract The Contractor shall have to make all necessary
arrangements for regulating Traffic, day to night during The period of construction, to the entire
satisfaction of the Executive Engineer. This includes the construction and maintenance to diversions, if
necessary The Contractor shall have to provide necessary caution boards. Barricades, flags, lights and
watchmen etc. so as to comply with the latest Motor Vehicles Rules and Regulation and for traffic safety
and he shall be responsible for all claims from accidents which may arise due to his negligence whether
“in Regulation the traffic or in stacking material -on the roads or due to any other reasons.
17.2 The Contractor at all times carry out the work on the “road in a manner creating least interference to the
flow of traffic, while consistent with the satisfactory- execution of the same. For all works involving
improvements& to the existing road, the Contractor shall, in accordance with the directives of the
Engineer-in-charge, provide & and maintains during the executing of work a passage for traffic, either
along, or part of the existing -carriageway under improvement or along a temporary diversion
constructed close to the road.
47-3 TRAFFIC REGULATION FOR BRIDGES AND C.D. WORKS

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It is to be clearly understood that whatever work carried out by the Contractor for construction of
diversion road including earthwork W.B.M. bituminous surface dressing, R.C.C. pipe drains etc. will be
paid for only once if due to flow of traffic, due to floods or due to any other cause, this diversion road
and/or the R.C.C. drain gets damaged it shall be repaired and maintained by the Contractor in good
condition till completion of the whole work at his own expenses.
Taffic, saftey and control shall be as per clause No,. 112.4 of M.O.S.T. specifications for roads and
bridges (2nd revision 1990).
18 SUPERVISION AND INSPECTION OF WORKS AND QUALITY CONTROL

18.1 SUPERVISION
The Contractor shall either himself supervise the execution of the works or shall appoint the competent
agent approved by the Engineer-in-charge to act on his behalf. If in the opinion of the Engineer-in-
charge, the Contractor has himself no sufficient knowledge and experience of receiving instructions or
cannot give his full attention to the works the Contractor shall at his own expenses employ as his
accredited agent a qualified Engineer approved by the Engineer-in-charge Orders given to the
Contractor’s agent shall be considered to have the force, as if these had been given to the Contractors
himself. If the Contractor fails to appoint suitable agent as direct by the Engineer-in-charge, the
Engineer-in-charge shall have full power to suspend the execution of the work- until such date a suitable
agent is appointed and the contractor shall be responsible for the delay so caused to the works and the
contractor shall not be entitled for any compensation on this behalf.
18.2 The contractor shall inform the Engineer-in-charge in writing when any Portion of the work is ready for,
inspection giving him sufficient notice to, enable him to inspect the same Without affected the further
progress of the work. The work shall not be considered to have been completed in accordance with the
terms of the contractor until the Engineer-in-charge shall have cerified in writing to that effect Approval
of materials or workmanship or approval of part of -the work during the progree of execution shall not
bind the Engineer-in-charge or in any way affect him even to reject the- work which is alleges to be
completed and to suspend the issue of his certificate of completion until such alternation and
modifications or reconstruction have been effected at the cost of the contractor as shall enable him to
certify that the work has been completed to his satisfaction.
19 INITIAL MEASUREMENTS FOR RECORD
Where, for proper measurement of the work, it is necessary to have an initial set of levels or others -
measurements taken, the, same as recorded in the authorised field book or measurment book of MBMC
Bhayander by the Executive Engineer or his authorised representative will be signed by the contractor
who will be entitled to have a true copy of the same made at his cost. Any failure on the part of the
contractor to get such levels etc. recorded before starting work will render him liable to accept the
decision of the Executive Engineer as to the basis of taking measurment. Like wise the contractor will
not cover any work which will render its subsequent measurements difficult or impossible without first
getting the same jointly measured by himself and the autorised representative of the Executive
Engineer. The record of such measurments on the MBMC Bhayander side will be signed by the
contractor and he will be entitled to have a true copy of the same made at his cost.

20 SAMPLES AND TESTING OF MATERIALS

20.1 All materials to be used on work shall be got approved in advance from the Engineer-in-charge and
shall pass the test and/or analysis required by him which will be :

a) As.specified.-in- the.specification for the items concerned and/or

b) L.S.L. specification ( whichever, and. wherever applicable), or

c) Such recognised specifications acceptable to Engineer-in-charge as equivalent thereto or in


absence of such authorised specification..

d) Such requirement test and/or analysis as may be specified by the Engineer-in-charge in order or
precedence given below.

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20.2 The contractor shall at his risk and cost make all arrangements and/or shall provide for all such-
facilities as the-Engineer-in-charge may require-for collection, preparing number of samples for tests
or for analysis at such time and to such place or places as may be directed by the Engineer and bear
all charges and cosf of testing such samples shall also be deposited with the Engineer In charge.

20.3 The-contractor shall if and when if required submit at his own cost the samples of materials to be
tested and analysed and.if, so directed shall not make used of or incorporate in the work any materials
represented by the samples until the required tests, or analysis, have been made and the materials
finally accepted by the Engineer-in-charge.

20.4 The-Contractor shall not be eligible for any claim or compensation either arising out of any delay in
the work or due to any corrective measures required to be, taken on account of and as a result of
testing of the materials.

20.5 The Contractor or his authorised representative will be allowed to remain present in the department of
laboratory while testing samples furnished by him. However the results of all the tests carried out in
the department laboratory in the presence of the contractor or his authorised representative will be
binding on the contractor.

20. 6 The contractors shall at his own cost set up Laboratory to carry out the routine tests-of materials
which are to be used on the work. The tests will have to be carried out either in his filed laboratory or
in approved laboratory. In case tests are carried out in filed laboratory, at least 50% tests should be
carried out in nearest quality control laboratory of the MBMC Bhayander.

20.7 In case of material procured by the contractor, testing as required by the code and specifications shall
be arranged by him own cost. Testing shall be done in the presence, of authorised representative of
the Engineer-in-charge. at the nearest approved laboratory. If additional testing other than as required
by specification is ordered, the testing charges shall be borne by the MBMC Bhayander if the test
results are-satisfactory and by the contractor if the same are not satisfactory.

21 CHANGE OF CEMENT CONTENTS ETC.

The tendered-tates for any item, involving the use of cement Shall apply to the quantity of cement
specified for the mix for that in the specifications. If for any reason except those required for
compensation the deficiencies, in the components, the cement content and the properties are altered
by the Engineer (Engineer-in-charge) at any time or from time to time the tendered rates for that
particular item and quantity or quantities, shall be duly enhanced or reduced only to account for the
addition or reduction in cost of the cement content from that laid down in the specification at the rates
specified in the Schedule ‘A’ of the contract plus 10% to cover all other incidental charges whatever
Likewises if any additives compounds waterproofing material, etc. are ordered by the Engineer to be
added to the mortor or concrete, no extra shall be payable for this change which shall be carried out as
per directions of the Engineer-in-charge provided cost of such additives etc. is borne by Government
or these are supplied free of cost to contractor or site by the Government.

22 MISCLLANEOUS

22.1 Rate shall be inclusive of Sales tax General tax and other taxes, etc

22.2 For providing electrical wiring or water lines etc. recasses shall be provided if necessary through
walls, slabs, beams, etc. and later on refilled up with bricks or stone chopping, cement mortae without
any extra cost.
22.3 In case it becomes necessary for the due fulfilment of Contract for the contractor to occupy land
outside the MBMC Bhayander limits the contractor will have to make his own arrangement with the
land owners and to pay such rents if any are payable as mutually agreed between them. The MBMC
Bhayander Will afford the contractor all the Reasonable assistance to enable him to obtain MBMC
Bhayander land for such purpose on Usual terms and conditions as per rules of MBMC Bhayander if
such land is available.

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22.4 The special, provision, in detailed, specification or working of any item shall retain precedence over
corresponding contraradictory provision (if any) in the standard specifications or P. W. D Hand Book
where reference to such specifications is given without reproducing the details in contract.
22.5 Suitable separating barricades and enclosures shall be provided to separate material brought by
contractor and material issued by MBMC Bhayander to Contractor tender Schedule ‘A’ Same applies
for the material obtained from different sources of supply.
22.6 The Stacking and storage of construction material at the site shall be in such a manner so as. to
prevent deterioration or intrusion of foreign matter and to ensure the preservation of their quality,
properties and fitness for the work Suitable precautions shall be taken by the contractor to protect the
material against atmospheric actions, fire and other hazards. The materials likely to be carried away
by wind shall be stored in suitable stores or with suitable barricades and where there is likelihood of
subsisdence of soil, such heavy materials shall be stored on approved platforms.
22.7 For road and bridge works the contractor shall in addition to the specification cited here, comply with
requiremnents of relevent I.R.C. code practice.
22.8 The contractor shall be responsible for making, goods the damages done to the existing property
during construction -by his men.
22.9 If it is found necessary from safety point of view to test any part of the structure, the test shall be
carried out by the contractor with the help of the Department at his own cost.
22.10 Defective work is liable to be rejected at any stage. The contractor on no account can refuse to rectify
the defects merely on reasons that further work has been earned out No extra payment shall be made
for rectification.
22.11 In the Schedule ‘B’ the work has been divided into sections but not with standing this, every part of it
shall be deemed supplementary to and complimentary of every other part.
22.12 General directions or detailed description of work, mateials item coverage of rate given in the
specification are not necesaary repeated In the Bill of Quantities. Reference is, however, drawn tc the
approriate section clause(s) of the General Specifications in accordance with which the work is tc be
carried out.
22.13 In the absence of specific directions to the contrary the rates prices inserted in the items are to be
considered as the full inclusive rate and price for the finished work described thereunder and are tc
cover all labour, materials, wastage, temporary work, plant, overhead charges and profits, as well as,
the general liabilities, obligations and risks arising outof the General Conditions of contract.
22.14 The quantities set down against the item in the Schedule “B” are only.
22.15 All measurements will be made in accordance with the methods indicated in the specification and
read in conjunction with the General Conditions of contract.
22.16 The details shown on drawings and all- other information pertaining to the work shall be treated as
indicative and provisional only and are liable to variations as found necessary while preparing
working drawings which will be supplied by the MBMC Bhayander during execution. The contractor
shall not on account, of which variation be entitled to any increase over the ones quoted in the tender
which are on quantity basis.
22.17 The, recoveries if any due from contractor will be effected as arrears of hand revenue through the
collector of the District.
22.18 Clause 101 to 107 of Specifications of road and bridges work adhered herewith will be applicable
works as per schedule ‘B’ unless specified otherwise in the detailed specifications of the releva items.
22.19 All materials used in the construction shall conform to the requirement of specification clause under
section 1000 materials for structures of specification of Road and bridge work-. M.O.S.T.’ New
Delhi. 1990 edition.
22.20 Extraneous materials and steps to minimise dust nuisance during construction shall be as per clause II
of M.O.S.T. specifications (SecondEdition 1990)

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PROTECTION OF UNDERGROUND- TELEPHONE CABLE AND. AERIAL -TELEPHONE


WIRES AND POLES, TRANSMISSION TOWERS, ELECTRICITY CABLE AND WATER
SUPPLY LINES

During the execution of work, it is likely that the contractor may meet with telephone cable, electrical
cable, water supply lines, etc. It will therefore, be the responsibility of the contractor to protect them
carefully. All such cases should be brought to the notice of the Engineer-in-charge by the contractor
and also to the concerned Department. Any damage whatsoever done to these cable and pipelines by
the contractor shall be made good by him at his cost.

23 MEDICAL AND SANITARY ARRANGEMENTS TO BE PROVIDED FOR LABOUR


EMPLOYED IN THE CONSTRUCTION BY THE CONTRACTOR.

a) The Contractor shall provide an adequate supply of portable water for the use of labourers on works
and in camps.

b) The Contractor shall construct trenth or semiperment latrines for the use the Labours, Separate
latrines shall be provided for men and women.

c) The Contractor shall build sufficient number of huts on a suitable plot of land for use of the labours
according to the following specifications.

1 Huts of Bamboos and Grass may be constructed.

2. A, good site not liable to submergence shall be selected on high ground remote from jungle but
well provided with neighbourhood of tank, jungle, grass or woods should be particularly avoided.
Camps should not be established close to large cuttig of earth work.

3. The lines of huts shall have open spaces of at least ten yards between rows, when a good Natural
site cannot be procured particularly attention should be given to the drainage.

4. There should be over crowding, Floor space at the rate -of 30 Sq.;Ft per head shall be provided
Care should be taken to see that the huts are kept clean and in good order.

5. The Contractor must find his own land and if he wants MBMC Bhayander he, should apply for it
and pay assessment for it if made available by MBMC Bhayander.

6. The Contractor shall construct a sufficent number of bathing places. Washing places should also
be provided for the purpose of washing clothes.

7. The Contractor shall construct a sufficient arrangements for draining away the surface and
sew-age water as well as water from the bathing and washing places and shall, dispose.off this
waste in. such a way as not to cause any nuisance.

d) The Contractor shall engage a medical officer with a travelling dispensary for a camp containing 500
or more persons if there is no Government or other private dispensary situated within 8 kilometered
from the camp. In case of emergency the Contractor shall arrange at his own cost for transport for
quick medical help to his sick worker.

e) The Contractor shall provided the necessary staff for affecting a satisfactory drainage system and
cleanlines of the camp to the satisfaction of the Engineer At least one sweeper.per 200 person
should:be engaged.

f) The assistant Director of Public Health shall be consulted before opening a labour camp and his
instruction on matters such as water supply, sanitary conveniences, the camp site accommodation and
food supply shall be formed by the Contractor.

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g) The Contractor shall make arrangements for all antimalaria-measures to be provided for the labours
employed on the work. The antimalaria measures shall be provided as directed by the Assistant
Director of public health.

h) The Contractor shall take necessary permission from Computan Authority and shall pay necessary
Government Duty & Taxes etc.

24 SAFETY CODE
Safety Precautions :- The Contractor shall submit, within 14 days of signing of agreement the proposed
Safety plan for approval by the Employer’s Representative / MBMC. Such Safety plan shall be
developed to ensure Zero fatal accidents and Zero hazardous incidents / occurrences in all construction
Works, and during operations and maintenance to the facilities. The Employers Representative shall
scrutinize, modify if required and approve such proposed safety plan in consultation with the contractor,
within 14 days of submission by the contractor . if the employers representative does not give its
approval or objection within the stated period. The Safety plan shall be deemed to be accepted.
Nevertheless any approval by the Employers Representative or failure to object to the proposed Safety
plan. Will not relieve the contractor of any of its obligations or responsibility under the contract.

Suitable scaffolds shall be provided for workmen for all workmen that cannot safety be done fom the
ground or from solid construction except such short period works as can be done safely from ladders.
When ladder is used an extra labours 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 steper- than I to 7 (I horizontal and 4 vertical).

Scaffolding or staging more than 3.25m above the ground or Roofs, swing or suspended from an
overhead support or erected with stationary supports or shall have a guard rail properly attached, bolted,
braced and otherwise assured atleast Im 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 opening as may he
necessary for the delivery of materials. Such scaffolding or Staging shall be so fastened as to prevent it
from swaying from the building of structure.

Working platform gangways, and stairways shall be so constructed that they do so sag unduly or is more
than 3.25 m above ground level or floor level, it shall be closely boarded, have adequate Width and
suitably fenced as described in 2 above.

Every opening In floor of the building or in a Working platform shall be provided with suitable
protection to prevent fall of persons or material by providing suitable fencing or railing with minimum
height of 1 meter,

Safe means of access shall be.providied to all working platform and other working places. Every ladder
shall be securely fixed. No portable single ladder shall be over 9 in in length, width between side rails in
a hung ladder shall in no case less than 30 cms for ladders upto and including 3 m. in length. For longer
ladder this width shall be increased at least 6 mm for each additional 30 cms of length. Uniform step
spacing shall bot-exceed 30cms.

Adequate precautions shall be taken to prevent danger from electrical equipments. No material on any’ of
the site shall he stacked or placed as to cause danger or inconvenience to any person or the public. The
Contractor shall provide all necessary fencing and ligths to protect public from accidents and shall be
bouind to bear expenses of defence of every suit, action or other proceedings at law that may be brought
by any person for injury sustained owing to the neglect of the above precaution 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 to be paid to comprise any claim by any such person.

EXCAVATION AND-TRENCHIN6

All trenches, 1.5 meters or more in depth, Shall at all times be supplied ladder for each 30 meters in
length or fraction thereof. Ladder shall be extended from bottom of trench to at least I meter above
surface of the ground, sides of a trench which is 1.5 meters or more in depth shall be stepped back to give
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suitable slope, or security held by timber bracing, so as to avoid the danger of sides collapsing. Excavated
materials shall not be placed within 1.3 meters of edge of trench or half of depth of trench whichever is
more. Cutting shall be done from top to bottom under no circumstaces shall undermining or undercutting
be done.

DEMOLITION

Before any demolition work is Commenced and also during the, processor 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 or a cable or apparatus used by
operator shall remain elecrically charged.

c) All practical steps, shall be taken to prevent danger to person employed, from risk or Fire explosion or
holding. No floor, roof or other Part of a building shall be so overloaded with debris of materials as to
render it unsafe.

All necessary personal safety equipments as considered adequate by the Engineer-in-charge shall be
available for use of persons employed on the site and maintained in a condition suitable for immediate
use and contractor shall take adequate step to ensure proper use of equipment by those concerned.

a) Workers, employed on mixing asphaltic materials cement and time mortars concrete shall be provided
with protective footwear and protective goggles.
b) Those engaged in handling any materials which is injurious to eyes shall be provided with protective
goggles.
c) Those engaged in handling any works shall be provided ‘With welders protetive eyes hicids.
d) Stone breakers shall be provided with protection goggles and protective clothing and seated at
sufficiently safe intenals.
e) When workers are employed in sewerd and manholes which are in use. The contractor shall ensure that in
manhole covers are opened and manhole are ventilated at least for an hour before workers are allowed
to.get into them, Manhole opened shall be cordoned off with suitable railing and provided with warning
single 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 wherever men above the age of 1 8 are employed on the work of
lead painting the following precautions shall he taken.
i) No paint containing lead or lead product shall be used except in the form of plaster or ready made paint.
ii) Suitable face masks shall be supplied for use by workers when paint is applied in the form of spray or a
surface having lead paint dry,rubbed and scrapped
iii) Overalls shall be supplied by the Contractor to workmen and adequate facilities shall be provided to
enable working painters to wash during on cessation of work
g) 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.
Use of hoisting machines and shackles including the attachments, anchorage supports shall confirm to the
following
a) i) These shall be of good mechanical construction, round materials and adequate strength and free
from potent defects and shall be kept in good repair and in good working order.

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ii) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable
quality and of adequate strength and free from potent defects-
b) Every crane driver or hoisting appliance operator shall be properly qualified and no person under the area
of 21 years shall be in charge of any hoisting machine including any scaffolding.
c) Incase of every hoisting machine and of every chain ring hook. Shackle owne and pulley block used in
hoisting or lowering or as means of suspension safe working load shall be ascertained by adequate
means. Every hosting machines and all gear refered to above shall be mainly marked with safe working
loads. In case of hoisting machine having a variable safe working load, and the conditions under which it
is applicable shall be clearly indicated No part of any machine or of 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 Enginer-in-charge.. As
regards contractor’s machine the contractor’s shall moify safe working load of each machine to the
Engineer in-chargre whenenever he brings, it to site of work and get it verified by the Engineer-in-
charge.
Motors, gearing transmission, electric wiring and other dangerous parts of hoisting appliances shall be
provided with such means as will reduce to the minimum risk of accidental descent of load. Adequate
precaution shall be taken to reduce to the minimum the risk of any of a suspended-load becoming
accidentally displaced, when work are employed. On electrical installations, which are already energised
insulating materials wearing approved such as glove, sleeved and coats as may be necessary shall be
provided. Workers shall nor wear any rings, watches and carry keys or other materials which are good
conductors of electricity.
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.
These safety provisions 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 ensuring com liance with the safety code shall be
named therein by the contractor.

i) To ensure effective enforcement of the rules and regulations realting to safety precautions arrangements
made by the contractor shall be open to inspection by the Engineer in charge or his representatives and
the inspecting officers.
ii) Failure to comply with the provision hereunder shall make the contractor liable to pay to the Department
as penalty an amount not exceeding Rs. 50/- for each default and decision of the Engineer-in-charge shall
be final and binding.
Not with standing the above conditions 1 to 14 the contractor is not exempted from the operation of any
other Act or rules enforce.
25 SCOPE OF RATES FOR DIFFERENT ITEMS OF WORK.:
For item rate contract, the contract unit rates for different items of work shall be payment in full for
completing the work to the requirments of the specifications including full compensation for all the
operations detailed In the event sections of these specifications under “rates”. In the sbsesnce of any
directions to the contractor the rates are to be considered as the full inclusive rate for finished work
covering all tabour materials, wastage, temporary work plant, equipment, overhead charges and profit as
well as the general, liabilities obligations and risks arising out of the General Conditions of Contract.

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The item rates quoted by the contractor shall unless otherwise specified also include compliance with
supply of the following.
i) General works such as setting out, clearance of site before setting out and clearance of works after
completion.
ii) A detailed programme for the construction and completion of works (using CPM/PERT techniques)
giving in addition, to construction activities, detailed network activities for the submission and approval
of materials, procurement of critical materials and,equipment, fabricatian of special products equipments
and their installations and testing and for all activities of the employer that are likely to effect the
progress of the work, etc. inlcuding updating of all such activities on the basis of the decisions taken at
the periodic site review meeting or as Directed by the Engineers
iii) Samples of various materials proposed to be used on the work for conducting tests thereon as required as
per the provision of the contract.
iv) Design of mixes as per relevant clauses of the- specifications giving proportions of ingredients, sources
of aggregates and binder along with accompanying trial mixes as per the relevent clauses of these
specifications to be submitted to the Engineer for his approval before use of the works.
v) Detailed design calculations and drawings for all temporary works (such as form work, staging,
centering, specialised constructional handling and launching equipment and the like)
vi) Detailed drawing for templated, support and end anchorage, details for prestreeing cable profilies,
barbending and cutting schedule for reinforcement material for fabrication of structural steel etc.
vii) Mill test reports for all mild and high tensile steel and cast steel as.per the relevant provisions of the
specifications.
viii) Testing of various finished items and materials including bitumen, cement concrete bearings as required
under these specifications and furnishing test report/certificates these specifications and furnishing test
report/certificates.
ix) Inspections Reports in respect of form work, staging reinforcement and other items of works as per the
relevent specifications.
x) Any other data which may be required as per these specifications or the conditions of contract or any
other annexures/schedules forming part of the contract.
xi) Any other item of work which is not specifically provided in the Bill of Quantities, but which is
necessary for complying with the provision of the contract and
xil) All temporary works, form work and false works.
Portions of road works beyond the limts and or any other work may be constructed by the employer
directly through other agencies, Accodingly, other agencies employed by the Employer may be working
in the vicinity of the work being executed by the Contractor. The contractor shall liasie With such
agencies and . adjust his construction programme for the completion of the work accordingly and no
claim or commpensation due to any reason whatsoever will be entertained, on this account. The
Employer will be indemnified by the contractor for any claims from other agencies on this account.

26. PAYMENTS
A) Running Bills :
Two payments in the months will be, granted by the Engineer-in-charge if the progress is satisfactory.
Contractor should submit it bills to the Engineer-in-charge in appropriate forms.

B) Final Bill
The contractor should submit it final bill within one month after completion of the work and the same
will be paid within 3 months if it is in order. Disputed, item and claims if any shall be excluded from the
final bill and settled separately later on.

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C) Escalation payment shall be applicable for tender costing 25 Lac and above 25 Lac and time limit shall
be more than Six Momth.

27. HANDLING OVER OF WORK


All the work and materials before finally taken over, by MBMC, Bhayander will be the entire liability of
the contractor for guarding Maintaining and making good any magnitude Interim payments made for
such work will not alter this position. The handing over by the contractor and taking over by the
Executive Engineer or his authorised representative will be always in writing of which copies will go to
the Executive Engineer or his authorized representative and the. contractor, it is However understood that
before taking over such work MBMC Bhayandar will not put into regular use as distinct from causal, or
incidental one. Except as specifically mentioned elsewhere in this contract, or as mutually agree to.
28. Stone shall be in black colour only, and as per relevent IS. The store quarry will be verifyed by Ex.
Engineer.
29. M. B. M. C. shall not provide land for temporary Labour hut.
30. Contract shall rectify any defects, arise in work within defect Liability period without any extra cost.
31. No advance payment shall be made against supply of material at site.
32 No octroi exemption for any material.
33. Contract shall submit test report of material from Govt. Laboratory before use of material as per relevent
IS.
34. Excavation material shall be disposed in MBMC plot area as per the instructions of Dy. Engineer / Ex.
Engineer.
35. Contract shall provide indication board regarding “Go Slow work In progress” by its own cost.
36. The work should be completed within the stipulated period unless there is reason appealing to M.B.M.C.
If the reason are not convincing, M.B.M.C. will levy a compensation of Rs. 5,000 per day. The decision
of M.B.M.C. will be final and binding to the contractor.
37. The contractor will work as per the detailed specifications.
38. Total security deposit for the work will be 5% of the estimated cost. The EMD paid can be converted into
security Deposit by the successful bidder.
39. Security deposit will be paid back to the contractor after 36 months of completion of the work. The
contractor will rectify or repair the work if damaged during this period, if contractor fails to rectify the
damaged work within this period, the same will be got executed at the risk and cost of the contractor.
40. In case extra item crops, up the contractor will have to execute it, the rate will be as per the current
schedule of the rate for the year during which the extra item crops up.
41. No advance on any material will be given to the contractor.
42. Bill as per the Running Account bill prepared and recorded on measurement book, by the Engineer will
be paid.
43. Income Tax, VAT........etc. will be deducted from each bill.
44. Any excess payment made to the contractor during any of the bills will be returned back immediately to
M.B.M.C. if the same is pointed out by the internal or Government Auditor.
45. If the work is not started within 15 days of issue of work order or if the progress of work is not
satisfactory M.B.M.C. holds the right to resind the work from the contractor unless satisfactory reason is
given.

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46. M.B.M.C. holds the right to stop the work temporarily for the special reasons. The contractor will have
no right to claim for the same. However contractor will be given suitable extension of time limit for the
completion of work.

47. The contractor will carry out the work as per the bar chart. The bar chart will be prepared by the
contractor in consultation with M.B.M.C.

48. During excavation the contractor will have to pay the road cutting charges etc. However any damage to
the water supply pipeline, drainage line, gutters, cables, gas pipe line etc. will be responsibility of the
contractor.

49. There should be no work during the holidays. All work must be carried out by the contractor during the
presence of the site Engineer Strictly Required.

50. All Government dues will be deducted from the bills of the contractor as per the directions of
Government from time to time.

51. The contractor will abide all the above conditions, and specification given in the tender form.
52. In case the contractor wishes, he may authorise the person from his side to sign measurement books,
accept the cheques or for the letter of correspondence. No other person will be entertained by the staff of
M.B.M.C. for the above work.
53. In case of any dispute regarding cancellation of agreement, or any other dispute etc. the Commissioner
MBMC will be the final authority and this will be binding on the contractor.
54. It is necessary to provide site office, Telephone set, levels and testing laboratory for the works costing
work than Rs. 50.00 Lac.
55. Excavated surpluse material shall be transport in reservation plot or DP Road as per instruction of
Deputy/Executive Engineer at free of cost.
56. Contractor should take photo at begining of work, at the time of each running bill and after completion of
work and submitted to MBMC.

57. As per the nomes of revenue department, royalty charges should be deposited to revenue department.

58. Contract Labour (Regulation & Abolition ) Act 1970 :-

(a) The Act provides for certain welfare measures to be provided by the Contractor to contract labour and
in case the Contactor fails to provide, the same are required to be provided, by the Principal Employer
by Law. The expenses incurred by principal employes in case of failure of contractor to provide welfare
measures to contract labour then the Principal Employer shall recover the said expenses from
contractor. It is responsibility of contractor to reimburse the said expenses to corporation. In case
contractor fails to reimburse the said expenses the corporation may recover the same by deducting from
contract amount. The principal employer is required to take Certificate of Registration and the
Contractor is required to take license from the designated Officer. The Act is applicable to the to the
establishments or Contractor of Principal Employer if they employ 20 or more contract labour.
(b) The Employer of the establishment is required to provide safety measures at the
Building or construction work and other welfare measure, such as Canteens,
First – Aid facilities, Ambulance, Housing accommodations for workers near the work place
etc. The Employer to whom the Act applies has to obtain a registration certificate from the
Registering Officer appointed by the Government.
59. The contractor shall pay the welfare cess levied by excutive engineer (assessing officers) P.W.D as per
the provisions of building and other constructions works, welfare cess rules 1998 and as per the circular
issued by state government time to time ( Industries, Energy and Labour Department Govt. Circular No
– BCA 12007 / Pra. Kra 788 / Kamgar 7, Mantralay, Mumbai – 400032 Date – 31 April 2008.)

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60. The contractor hereby agreed to pay the require stamp duty as per the provision of bombay stamp act
1958 on the agreement to be executed between the parties. The contractor also hereby agreed to the
register the agreement as per the registration act.

61. Contractor should use RMC for concreting work.

62. Payment of Works Will be made as per the technical audit report of third party appointed
by MBMC. (if the work of audit is allotted to third party )

ADDITIONAL SPECIAL CONDITIONS FOR HOTMIX ASPHALTIC WORKS

1) Clause No 106 of Ministry’s Specification (2nd Revision) :-

This clause stipulates certain conditions relating to choice and use of equipment which have relevance to
prodution of quality work, these are:

a) The contractor shall be required, to give a trial run of the equipment for establishing capability to achieve
the laid down specifications and tolerances to the satisfaction of the Executive Engineer before
commencement of work.

b) All equipment provided should be of proven efficency and shall be operated and maintained at all times
in a manner acceptable to the Engineer.

c) No equipment and personnel will be removed from the site without the permission of the Engineer.

I) Clause No. 901 of Ministry’s Specification (2nd Revision);

a) The responsibility for the quality of the entire constuction work is on the contractor. For this purpose he
is required to have his own independent and adequate set-up.

b) The Executive Engineer for satisfying himself about the quality of the materials and work will also have
conducted byquality controlled units or by any other agency, generally to the frequency set out in the
specifications. For test be done by the Executive Engineer, the contractor is to render all necessary co-
operation and assistance including the provision of labour assistance in packing and despatching samples,
etc.
c) For the work of embankment, subgrade and pavement, constuction of the subsequent layer of the same or
other material over the finished layer shall be done only after obtaining approval from the City/
Executive Engineer.

d) The Contractor shall, be responsible, for. rectifying / replacing any work falling short of quality
requirements as directed by the Executive Enigneer.

II) Clause in the condition of contract.

a) All material and workmanship shall be of the respective type described in the contract and in accordance
with the Executive Engineer’s instructions and shall be subjected from time to time to such tests as the
Engineer may direct at the place of manufacturer or fabrication, or on the site. All samples shall be
supplied the contractor.

b) No work is to be covered up or put of view without the approval of the Executive Enigneer for his
examination and measurements.

c) During the progress of the works the Executive Engineer shall have the power to order the removal from
the sire of any unsuitable material, substitution of proper and suitable material and the removal and
proper re-erection not with standing any previous test or interim payament, therefore and of any work
which in respect of material or workmanship is not in the opinion of the Executive Engineer in
accordance with the contract.
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2. Guidelines on Quality control operations
The bonus of achieving quality of work will be on the contractor who will take actions as stipulated in
section 900 of Ministry Specifications for Road and Bridge works (2nd Revision, 1990).
Ministry’s Specification for Road and Bridges works (2nd Revision, 1990)
Ministry’s Specification for Road and Bridges works (2nd Revision, 1990) will form part of contract
documents and the contractor will be legal bound to the various stipulations made therein unless and
otherwise specifically relaxed or waived wholly or partly through a special claused in the contract
document.

Contractor’s Facilities
According to the contract (see para 1.3 above) the contractor is responsible for the quality of the entire
construction work and for this purpose he is required to have his own independent and adequate set up.
To meet this requirement :-

a) The contractor shall set up his own laboratory at location(s) approved by the Executive Engineer. The
laboratory shall be equiped with modern and

b) efficient equipment with sufficient standbus suitable to carry out the tests prescribed for different
materials and work according to the specifications. This list of equipment to be procured and the facilities
to be provided shall be got approved by the Executive Engineer. The equipment shall be maintained in a
workable condition to the satisfaction of the Executive Engineer.

c) Sampling and testing procedures shall be in accordance with the relevant standards of BIS (perviously
called ISI) or IRC. Frequency of testing shall be as laid down in the Ministry’s Specifications for Road
and Bridge work (2nd Revision 1990) In the absence or relvent Indian standards sampling and testing
procedures shall be as approved by the Executive Engineer.

d) The Laboratory should be amnned by qualified Materials Engineer assisted by Materials inspector/
Technicians, and the set up should be got approved by the Executive Engineer.

e) The contractor should prepare printed proforma for recording readings and results of each type of test,
after getting the formas of the performance approved from the Executive Engineer. He should keep a
daily record of all the tests conducted by him. Two copies of the test results should be submitted to the
Executive Engineer for his examination and approval, of which on copy will be returned to the
contrac-tor for being kept at sire of work.

f) The Materials Engineer of the contractor should keep close liasion with the control Unit of the Executive
Engineer and keep the later informed of the sampling and testing programme so that the Executive
Engineer’s representative could be present during this activity, if considered necessary.

3. Day-to-day Quality control operations

The day-to-day control to be exercised by the contractor and the Executive Engineer are enumerated in
the below paragraphs :
Alignment and levels control

a) The Contractor should located the centre-line of the road from the pegs, pillars or reference points fixed
during the location survey and from the information furnished in the Contract drawings. Any discrepancy
between the reference points on the ground and those on the drawings should immediately be brought to
the notice of the Executive Engineer for reconciliation.

b) Based on the approved central-line the contractor should set up batter pegs (to delineate the limits of
embankement/cutting and cleaning stakes) to delineate limits of cleaning and grubbing and have these
got checked and approve by, reconciliation.

c) The Contractor should check the reduce levels of bench marks setup along the alignment. Any
discrepancy in the reduced levels of those at site and as indicated in the drawings should immediately be
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brought to the notice of the Executive Engineer for reconciliation. The contractor should reestablish those
bench marks which are found missing at site. And should establish additional bench marks as needed, for
ensuring effective level control.

d) The Contractor shall be responsible for the true and proper setting out of the works in relation to the
original survey point lines and levels of reference given by Engineer in writing. If at any time during the
progress of the works any error shall appear or arise in the [position, levels dimensions or alignment of
any part of the works, the contractor on being required to do so by the Executive Engineer, shall at his
own cost rectify the error to the satisfaction of the Executive Engineer, unless such error is based on
incorrect data supplied in writing by the Executive Engineer.

e) The contractor shall carefully protect and prepare all bench marks, reference pillars and pegs used in
setting out the works till final take over by the Executive Engineer. Natural ground for embankment
construction/cut formation and their compaction.

a) Atteberg limits, in situ dry density and CBR of the material at ground/out formation level should be
determined and got approved by the Executive Engineer. Any unsuitable material shall be removed and
replaced by better material as ordered by the Executive Engineer.

b) The Engineer’s Quality Control Units(s) shall have independent test checks on the quality and
compaction of the natural ground/cut formation.

SUBGRADE

a) Specific quarry areas having soil satisfying the requirement of specification and specified strength criteria
shall be identified for use in subgrade and got approved by the Executive Engineer based on test oil
quarry, material for Proctor/modified proctor density and CBR.

b) In situ density and CBR of the constructed subgrade shall be checked and got approved the Engineer
before preceding on with the next pavement layer.

c) The soil used in actual construction of sub-grade shall be remoulded at density referred in sub-para(b)
above at placement moisture content and checked for 4 days soaked and unsoaked CBR. A set of 3
specimens shall be collected from each 3000 m’ area of the sub-grade (i.e. top 0.5m of embankment) for
CBR test.

d) In case of any appreciable variation of inbuilt subgrade characteristics from the designed ones. The
pavement design shall be reviewed to mach the inbuilt characteristics of the subgrade.

SUB-BASE

a) The source of supply material shall be inspected tested and got approved by the Executive Engineer
before any material is delivered to the site of the work(s).

b) Job-mix formula falling within the specified limits where applicable, shall be got approved by the
Executive Engineer based on test results thereof.

c) Samples of materials from the laid sub-base shall be tested for gradation, proctor, PI and CBR.

d) Filed compacting shall be checked and got approved by the Executive Engineer before proceeding with
the work on the next pavement layer.

e) In case of any appreciable variation of inbuilt sub-base characteristics from the designed ones, the
pavement design shall be reviewed to match the inbuilt characteristics of the sub-base.
GRANULAR BASE COURSE

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a) For graded type of granular material, the job mix fomula falling within the specified grading limits
should be got approved by the Executive Engineer.

b) Testing of aggregate brought to site of works for gradation and AIV should be done.

c) Testing of filler material for WBM for gradation LL and PI shall be done.

d) Field compaction-control should be exercise for density and by, other sensory checks such as observation
of movement of layer under compaction plant, sinking/crushing of a piece of aggregate place before a
moving roller complete removal of roller marks, etc.

SHOULDERS

a) Checking for the quality, of the shoulder materials including gradation shall be done.

b) Field compactioin shall be checked at site on compacted layer.

c) Checking for the crossfall built shall be done.

BITUMINOUS CONSTRUCTION - GENERAL

a) Manufacturer’s test certificate for quality of bitumen will be acceptable to the Executive Engineer.
However, where the quality is in doubt, the City Engineer may call for tests to be conducted by the
contractor for verification.

b) The base on which bituminous courses are to be laid must be dry and free of dust and other delerious
matters.

c) Mineral aggregates to he used should he checked for their specification requirements and got ap-proved
by the Engineer

BITUMINOUS SPRAYED WORK

a) Temperature of binder in the boiler and rate of spray shall be checked . Spraying shall be uniform and
shall be carried put with the help of either self propelled or towed bitumen pressure sprayer with self
heating arrangements and spraying nozzels arrangements.

b) Rate and uniformity of spread of chippings should be checked and controlled.

c) Adequate embedment of the chippings by rolling shall be ensured.

HOT MIXED AND HOT LAID BITUMINOUS CONSTRUCTIONS

a) Job mix formula (JMF) satisfying specification requirements should be worked out based on laboratory
tests and got approved by the Executive Engineer. The Executive Engineer will have independent tests
made before approving the JBF.

b) The plant should be checked for capability to produce mix conforming to the JMF. It necessary, trial
stretched should laid and checked approximately.

c) Control should be exericed on temperature of binder in the boiler, aggregate in the dryer and mixed at the
time of laying and rolling.
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d) Tests for stability flow, unit weight etc. Of mix collected from the discharge points of the plant extraction
test for binder content and aggregate gradation should be performed to check on the quality of mix
discharged from the plant.

e) Thickness and density of the compacted mix should be checked by taking core samples.

CULVERTS AND APPURTENENCES

a) Line, levels and quality of the foundation should be checked.

b) in case of pipe culverts.

i) The quality of the pipes should be checked for BIS (formerly ISI) marked pipes, manufacturer’s
certificate is acceptable. For others the contractor shall demonstrate the strength, capability of pipes
through tests either at the place of manufacture or at the site of the works.

ii) The quality of material used for pipe bedding should be checked. Invert level, smoothness of the
pipeline and proper sealing of joints should be checked prior or backfilling.

c) IN CASE OF CEMENT CONCRETE WORKS

i) Besides manufacturer’s test certificate for quality of cement, atleast one set of physical and chemical
test should be, conducted for each source of supply for verification. Where the quality is in doubt, or
where the cement had been stored for long periods or in improper condition, the Engineer shall call
for testing the cement at more frequent intervals.

ii) Job mix formula worked out based on trials carried out in the contractors, laboratory should be, got
approved by the Executive Engineer.

iii) The mineral aggregates should be tested for their properties. Water to be used for mixing should be
tested for chemical impurities.

iv) Checking for stability and sturdiness of form work.

V) Ensuring that the crucial equipment like mixers and vibrators are in working order before start of work.

vi) Control on water cement ratio.

vii) Control on workability and time elapsed between mixing and placing of concrete,

viii) Control on compaction and finishing,

ix) Tests on cube samples at 7 and 28 days,

x) Check on provisions for adequate curing.

d) In case of masonary work control should be excercised on the quality of the material (e.g. stone, brick,
sand, cement, etc.) as also on mortar proportions.

e) For RCC work, quality of steel in each batch may be approved on the basis of test certificate. The
reinforcement layout should be checked for conformity with approved drawings and bar bending
schedules. All laps should be checked for conformity with specification. The reinforcement should be

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free of soil and loose rust scale and should be properly tied with binding wire. The size and spacing of the
bars as also the cover should be checked for correctness.

PAVEMENT COURSES - GENERAL CONTROLS

a) The base on which the pavement layer is to be placed should be checked for levels and regularity, and
should be on condition to receive the pavement layer.

b) Each layer should be checked for thickness, levels, crossfall (camber), regularity and strength before
next layer is permitted to be laid.

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DECLARATION

Contractor/Agency No. of Corrections Executive Engineer


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DECLARATION

I hereby declare that I have made myself thoroughly conversant with the local
conditions regarding all materials and other expenses such as cylinder, transportation, vehicles,
fuel cost, octroi, availability of water etc. and labour on which I have based my rates for this
work. The specifications and requirements for this work have been carefully studied and
understood by me before submitting the tender. I undertake to use only the best materials, to be
approved by the Engineer-in-charge if the work or his duly authorized representative before
starting the work and also to abide by his decision.
I hereby undertake to pay the labour engaged on the work as per minimum wages Act
1984 applicable to the zone concerned or any other as applicable.

Contractor’s Signature

Contractor/Agency No. of Corrections Executive Engineer

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