1

BHIWANDI NIZAMPUR CITY CORPORATION, BHIWANDI.

FORM B-1

WATER SUPPLY DEPARTMENT

TENDER PAPERS FOR

Name of Work – Providing and Laying 150 mm D.I. Pipe Line At Shivaji Nagar to Vinayak Nagar &Vinayak Nagar to Aashirwad Nagar, in Ward No. 39 B.

Amount :-Rs.14,99,129.00

Executive Engineer B.N.C.M.C. Bhiwandi.

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(1) FORM B-1

PWD 287 E Corrected

upto Nov. 95.

PERCENTAGE RATE TENDER AND CONTRACTOR FOR WORKS. GENERAL RULES AND DIRECTION FOR THE GUIDANCE OF CONTRACTOR. 1. All works to be executed by the contractor shall be notified in form of invitation to tender pasted on a board hung up in the office of the Commissioner and signed by the Commissioner. This form will state the works to be carried out as well as the date for submitting and opening tenders and the time allowed for carrying out the works, 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 percentage. If any, to be deducted from bills. It will also state whether the refund of quarry fees, royalties, octroi dues and ground rates will be granted, copies of the specification, designs and drawings, estimated rate, scheduled rates and any other documents required in connection with the work which will be signed by the City Engineer for the purpose of identification and shall also be open for inspection the the Contractors at the office of the City Engineer during the office hours. Where the works are proposed to be executed according to the specification recommended by a Contractor and approved by the competent authority on the behalf of the B.N.C.Corporation such specification with designs and drawings shall form part of the accepted tender. 2. In the event of tender being submitted by a firm, it must be signed separately by each partner thereof and in the event of the absence of the partner, it shall be signed on his behalf by a person holding a power of attorney authorizing him to do so. i) The Contractor shall pay along with the tender the sum of Rs. (Rupees ------------------------------------------------------------------------------ ) as any by way of Earnest Money. The contractor may pay the said amount either in cash or forwarding along with the demand draft for the said amount of any Scheduled Bank for the like amount. The said amount of Earnest Money shall not carry any interest whatsoever. (Amended vide G.R.P.W.D. Department's corrigendum No. CAT- 107 16967- D-3 14/5/1976) ii) In the event of this tender being accepted subject to the provision of subclass (iii) below said amount of Earnest Money shall be appropriated towards the amount of security deposit payable by him under conditioned of General Conditions of the contract. iii) If after submitting the tender, the Contractor withdraws his offer, or modifies the same, or if after the acceptance of his tender the Contractor fails or neglects to furnish the balance of the security deposit, without prejudice to any other rights and powers of the corporation hereunder or in law corporation shall be entitled to forfeit the full amount of the Earnest Money deposited by him iv) In the event of his tender not being accepted, the amount of Earnest Money deposited by the Contractor shall, unless it is prior there to forfeited under the provisions of sub-clause (iii) above, be refunded to him on his passing receipt therefore (Amended vide G.R.B. & C. Department's NO CAT 1272/44277-C.Dt.3/3/1973). v) And in the event of the tender being submitted by a limited company or a statutory corporation it must be executed by affixing the seal of the company or the corporation as the case may manner laid down in the Articles of Association of the company, or the statute creating the corporation under of attorney duly executed in the manner. 3. Receipted of payments made on account of any work when except where the Contractors are described in their tender as firm, in which case the receipts, shall be signed in the name of the firm's by one of the partners, or by some other person having authority to give effectual receipts for the firm.

3 4. Any person who submits a tender shall fill up the usual printed from, including the column total according to estimated quantities, stating at what rate he is willing to undertake each item of the work. Tenders which propose antsy alterations in the works specified in the said form of invitation to tender, or in the time allowed for carrying out the work or which contain any other conditions of any sort will be liable to rejection. No single tender shall include more than one work by if Contractor wish to tender for two or more works, they shall submit a separate tender for each. The tender shall have the name and the number of the work to which they refer written they written outside the envelope. 5. The City Engineer or his duly authorized assistant will open tenders in the presence of the Contractor's who may be present at the time and will enter the amounts of the several tender in a comparative statement in suitable form. In the event of a tender being accepted, the contractor shall thereupon, for the purpose of identification sigh copies of the specification and other documents mentioned in Rule 1. In the event of a tender being rejected, the City Engineer shall authorize the refund the amount of the earnest money deposit to the Contractor making the tender, on his giving a receipt for the return of the money. 6. The officer competent to dispose off the tender shall have the right of rejecting all or may of the tenders. 7. No receipt for any payment alleged to have been made by a contractor in regarded to any matter relating to his tender or the contract shall be valid and binding on Corporation unless it is signed by the City Engineer. 8. The Memorandum of the work to be tendered for and the schedule of materials to be supplied by the Corporation their rates shall be filled in and completed by the office of the City Engineer before the tender form is issued. If a form issued to an intending tendered has not been so filled in and completed, he shall request the said office to have this done before he completes and deliver his tender. 9. All work shall be measured net by standard measure and according to the rules and customs of the corporation without reference to any local custom. 10. Under no circumstances shall any Contractor be entitled to claim enhanced rates for any items in this contract. 11. Every unregistered Contractor shall, (Unless exempted in writing by the City Engineer Concerned) produce along with his tender, a solvency certificate from the Collector of the District within which he resides or a bankers certificate of his financial stability. If he fails to produce such a certificate his tender will not be considered. 12. All corrections, additions or pasted slips should be initialed. 13. The measurement of works will be taken according to the usual methods in use in the P.W.D. and not proposals to adopt alternative methods will be accepted. The City Engineer decision as to what is the usual method in use in the P.W.D. will be final. 14. The tendering Contractor shall furnish a declaration along with the tender showing an works for which he has already entered into contract and the value of the work that remains to be executed in each case on the date of submitting the tender. 15. Every tenderer shall submit along with the tender, information regarding the Income Tax circle or ward of the district in which he is assessed to Income Tax, the reference number to the number of the assessment and the assessment year, and a valued Income Tax Clearance certificate. 16 In view of the difficult position regarding the availability of foreign exchange, no foreign exchange would be released the Corporation for the purchase of plants and machinery required for the execution of the work contracted for. (GCB/PWD/CFM/1058-62517 dt.26/9/1959). 17. 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 arrangements. The materials then be taken for use in the presence of the Departmental person. No materials will be allowed to be removed from the site of work. 18. The Contractor shall also give a list of machinery in their possession and which they propose to use on the work in the form statement No. II.

4 DECLARATION OF THE CONTRACTOR

I. We, hereby declare that/ we have made myself/our self thoroughly conversant with the sub-soil conditions local conditions regarding all materials (Such as stone, murum, sand, source of water etc.) and labour of which I/We have based my/our rates of this work. The specifications, conditions, bore results and lead of materials on this work have been carefully studied and understood by me/us before submitting this tender. I/We undertake to use only the best materials approved by the City Engineer._____________________________________ or his duly authorized assistant before starting the work and to abide by his decision Signature of Contractor(s).

BHIWANDI NIZAMPUR CITY MUNICIPAL CORPORATION, BHIWANDI.

CHAPTER VIII

TENDER FORM B-1

(Percentage Rate Tender and Contract For Works)

Tender for works

I/we hereby tender for the execution for the BhiwandiNizampur City Municipal Corporation, Bhiwandi (ghere in before and here in after referred to as "B.N.C.M.C., Bhiwandi") of the work specified in the under written memorandum within the time specified in such memorandum at _______________________________________________________(in figure as well as in words) percentage below/above the estimated rate entered in Schedule"B" (memorandum showing items of work to be carried out) and in accordance in all respects with the specification designs drawings and instructions in writing referred to in rule 1 hereof and in clause 13 of the annexed condition of contract and agree that when material for the work are provided by the City Engineer, B.N.C.M.C., Bhiwandi such materials and the rates to be paid for them shall be as provided in schedule "A" hereto (Schedule 'A" is Nil)

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MEMORANDUM

(a) General Description :- (b) Estimated Cost Rs. 1499129/- (c) Earnest Money Rs. (d) Security Deposit Rs. 14991/- (i) Initial-Bank Guarantee/FDR/Or Cash (2%) Rs. 29983/- (ii) to be deducted from current bill (2%) Rs. 29983/- Total Rs74957/- (e) Percentage if any to be deducted from bills so as to make up the total amount requirement as security deposit by the time (80%) Eighty percent of the work, as measured by the costs is done. Three Percent. (f) Time allowed for the work from date of written order to commence. Calendar months. (including monsoon period) days 2. I/We agree that the offer shall remain open for acceptance for minimum period of 120 days from the date fixed for opening the same and there after until it is with-drawn by me/us by notice in writing duly addressed to the authority opening the tenders and sent by registered post A.D. otherwise delivered at the office of the same authority. Earnest Money in form Demand Draft of any Nationalized Bank in Thane District payable to B.N.C.M.C., Bhiwandi Demand Draft no. Date. is herewith forwarded. The amount of earnest money shall not bear interest and shall be liable to be forfeited to the B.N.C.M.C., Bhiwandi. I/we fail to (i) abide by the stipulation to keep the offer open for the period mentioned above or (2) sign and complete the contract documents as required by the City Engineer, B.N.C.M.C., Bhiwandi and furnish the security deposit specified in item (d) of the memorandum contained in paragraph (I) above within the time limit laid down the clause (I) of the annexed General Conditions of contract. The amount of earnest money may be adjusted toward the security deposit or refunded to me/us if so directed by me/us in writing. Unless the same or nay part thereof has been forfeited as aforesaid. Signature of Contractor No. of Corrections Executive Engineer

B.N.C.M.C. Bhiwandi.

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 forfeit and pay to Bhiwandi the sum of money mentioned in the said conditions. Contractor's Signature ___________________________ Name & Address ____________________________ _____________________________

6 ____________________________ Dated ______________________ day of ________________ Signature of (Witness) _____________________________ Name & Address. ______________________________ _______________________________ Executive Engineer B.N .City Municipal Corporation, Bhiwandi.

CONDITIONS OF CONTRACT

clause 1:- Security Deposit. 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/hers executors Administrator and assigns) shall (A) within 10 days (which may be extended by the City Engineer concerned up to 15 days, if the City Engineer thinks fit to do so) so the receipt by him of the notification of the acceptance of his tender deposit with the City Engineer in cash or Govt. Securities endorsed to the City Engineer (if deposited for more than 12 months) of sum sufficient with will made up the Two Percent Security Deposit specified in the tender and (B) Permit B.N.C.M.C., Bhiwandi at the time of making any payment to him for work done under the contract to deduct such as will amount to Three Percent of all money so payable such deductions to be held by B.N.C.M.C., Bhiwandi by way of Security Deposit until the full amount of the Security Deposit is made-up. Provided always that in the event of contractor depositing a lump sum by way of Security Deposit as contemplated at (A) above then and in such case. If the sum so deposited shall not amount to 5% of this total estimated cost of the work, it shall be lawful for B.N.C.M.C., Bhiwandi at the time of making any payment to the contractor for work done under the contract to make up the full amount of percent by deducting a sufficient sum from every such payment as last aforesaid until the full amount of the Security Deposit is made up. All compensation or other sums of money payable by the contractor to B.N.C.M.C., Bhiwandi under the terms of his contract may be deducted from or paid by the sale of sufficient part of his security deposit or from any sums which may become due by B.N.C.M.C. Bhiwandi to the contractor under any other contract or transaction of any nature on any account whatsoever and in the event of his security deposit being reduced by reason of any such deduction or sale as aforesaid, the contractor shall, when ten-days thereafter make good in cash or approved. Securities endorsed as aforesaid nay sum or sums which may have been deducted from or raised by sale of his security deposit or any part thereof. The security deposit referred to when paid in cash may, at the cost of the depositor, be converted into interest bearing securities. provided that the depositor has expressly desired this writing. Signature of Contractor No. of Corrections Executive Engineer B.N.C.M.C. Bhiwandi.

7 If the amount of security deposit to be paid in lumps sum within the period specified are (a) above is not paid the tender/contract already accepted shall be considered as cancelled any level steps taken against the contractor for recovery of the amount. The amount of security deposit retained by the B.N.C.M.C., Bhiwandi shall be released after expiry of period up to which the contractor has agreed to maintain the work in good order is over. In the event of the contractor failing or neglecting to complete rectification work within the period up to which the contractor has agreed to maintain the work in good order, then subject to provisions of Clauses 17 & 20 here of the amount of Security deposit retained by B.N.C.M.C., Bhiwandi shall be adjusted towards the excess cost incurred by department of rectification work. Clause 2:- Compensation forDelay The time allowed for carrying out the works 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, all due diligence (time being deemed to be of the contract on the part of the contractor) and the contractor shall pay as compensation and amount equal to one percent or such smaller amount as the City Engineer( Whose decision in writing shall be final) may decide. Of the amount of the estimated cost of the whole work as shown by the tender for every day that the work remains uncommenced, or unfinished after the proper dates. And further to ensure good progress during execution of the work. Note:- The quantity of the work to be done within a particular time to be specified above shall be fixed by the City Engineer, after taking in to consideration the circumstance of each case. And abide by the programme of detailed progress laid down by City Engineer. 1/4 Time Limit 20% of Total value at work to be done 1/2 Time Limit 50% of Total value at work to be done 3/4 Time Limit 75% of Total value at work to be done. In the event of the contractor failing to comply with these conditions he shall be liable to pay a compensation an amount equal to one percent or such smaller amount as City Engineer (whose decision in writing shall be final) may decide of the said estimated cost of whole work for every day that due quantity of work remains in complete provided always that the amount of compensation to be paid under the provisions of this clause shall not exceed 10 percent of the estimated cost of the work as shown in the tender. Clause 3:- Action When Whole of S.D. is Forfeited. In any case in which under any clause of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his security deposit (whether paid in one sum or deducted by installment's) or in the case of abandonment of the work owing to serious illness or the death of the contractor or any other cause the Commissioner, B.N.C.M.C., Bhiwandi shall have power to adopt any of the following courses as he deem best suited to the interest of B.N.C.M.C. (a) To rescind the contract (for which rescission notice in writing to the contractor under the hand of City 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 B.N.C.M.C., Bhiwandi. (b) To carry out the work or any part of the work departmentally debiting the contractor with the cost of the work, expenditure incurred on tools and plant and charges on additional supervisory staff including the cost of work charged establishment employed for getting unexecuted part of the

8 work completed and crediting him with the value of the work done departmentally in all respects in the same manner and at the same rates as if it has been carried out by the contractor under the terms of his contract. The certificate of the City Engineer as to the costs and other allied expenses so incurred and so to eh value of the work so done departmentally shall be final and conclusive against the contractor. Signature of Contractor No. of Corrections Executive Engineer B.N.C.M.C. Bhiwandi. (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 charged establishment and the cost of the work executed by the new contract agency will be debited to the contractor and at the value of the work done or executed through the new contractor shall be credited to contractor in all respects and 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 City Engineer as to all the cost of the work and other expenses incurred and as to the value of the work so done departmentally shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause 3(a) above the contractor shall not be entitled to recover or be paid, any sum for any work that to actually performed by him under this contract unless and using the City Engineer shall have certified in writing the performance of such work and the amount payable to him in respect thereof and he shall only be entitled to bed paid the amount so certified. In the event of either 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 to the contractor, the amount of excess shall be deducted from any money due to the contractor by B.N.C.M.C. under the contract or otherwise however, or from his security deposit or the sale proceeds thereof provided, however that the contract or shall have no claim against B.N.C.M.C., Bhiwandi 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 the whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the City Engineer, the contractor shall have no claim to compensation for any loss sustained by him reason of his having purchase or procured any materials or entered in any engagement, or made any advances on account of or with a view of the execution of the work or the performance of the contract. Clause 4:- Action when progress of any particular portion of work is unsatisfactory. If the progress of any particular portion of the work is unsatisfactory shall not withstanding that the general progress of the works is the accordance with the conditions mentioned in Clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing. The contractor will have no claim for compensation for any loss sustained by him owing to such action.

9 Clause 5:- Contractor remains Liable to pay Compensation if action not taken under Clauses 3 & 4. In any case in which any of the powers conferred upon the City Engineer by clauses 3 and 4 hereof shall have become exercisable and the same shall not have been exercised the non exercise thereof shall not constitute a waiving of any of the conditions hereof and such powers hall not withstanding be exercised in the event of any future case of default by the contractor for which under any clause thereof he is of declared liable to pay compensation amounting to the whole of his security deposit and liability of the contractor for past and future compensation shall remain unaffected. Power to take possession of or removal of or sell contractors plant In the event of the City 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, plant materials and stores in or upon the works or the site thereof or belonging to the contractor or procured by him and intended to used for the execution of the work or any tools , part materials and stores in or upon the works or the site thereof or belonging to the contractor or procured by him and intended to used for the execution of the work or any part thereof paying or allowing for the same in at the contract rate or in the case of the contract rates not being applicable at current market rates to be Signature of Contractor No. of Corrections Executive Engineer B.N.C.M.C. Bhiwandi.

Certified by the City Engineer whose certificate thereof shall be final in the alternative, the City Engineer may / after giving notice in writing to the 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 be specified in such notice and in the event of the contractor failing to comply with any such requisition the City 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 City Engineer as to the expense of and such removal and the amount of the proceeds and expense of any such shall be final and conclusive against contractor. Clause 6: Extension of Time If the contractor shall desire and extension on of time for completion of work on the ground of his having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the City Engineer before the expiry of the period stipulated in the tender of 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 accursed, whichever is earlier and the City Engineer if in his

10 opinion there were reasons grounds for granting an extension grant such extension as the thinks necessary or proper the decision of the City Engineer in this matter be final.

Clause 7:- Completion Certificate On the completion of the work the contractor shall be furnished with a certificate by the City Engineer (hereinafter called the City Engineer ) of such completion but no 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 and shall have cleared 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 posse ion for the purpose of executing the work, nor until the work shall have been taken measured by the City Engineer, or where the measurements have been taken by his subordinates until they have received approval of the City Engineer the said measurements being binding and conclusive against the contract if the contractor fall to comply with the requirements of his clause surplus materials & rubbish and cleaning of dirt on or before the date fixed for the completion of the work the City Engineer may at the expenses of the contractor remove such scaffolding surplus materials and rubbish and dispose of the same ad he thinks fit and clean off such dirt ad aforesaid and the contractor shall forthwith pay the amount of all expenses so incurred, but shall have no cairn in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale there of.

Clause 8:- Payment on Intermediate Certificate to be regarded as Advances. No payment shall be made for any work estimated to cost less than rupees Ten thousand till after the whole of work shall have been completed and a certificate of completion given. But in the case works estimated to cost more than rupees Ten thousand the contractor shall, on submitting a monthly bill therefore be entitled to receive payment proportionate to the part of the work then approved and passed by the City Engineer whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. All such intermediate payments shall be regarded as payments by way of advance against the final payments only and not as payments for work actually done and completed and shall not preclude the City Engineer from requiring any bad, unsound, imperfect or unskillful work to be removed or taken away and reconstructed or re-erected not shall any such payment be considered as an admission of the due performance of the contract or any thereof in any Signature of Contractor No.of Corrections Executive Engineer B.N.C.M.C.,Bhiwandi.

11 Respect or the occurring of any claim not shall if conclude determine or effect in any other way the power of the City Engineer as to the final settlement and adjustment of the accounts or otherwise in any other way very or effects the contract. The final bill shall be submitted by the contractor within on month of the date fixed for the completion of the work otherwise the City Engineer, certificate of the measurements and of the total amount payable for the work shall be final and binding on all parties. Clause 9:- Payment at reduced rates on account of items of work not accepted as completed to be at the discretion of City Engineer The rates for several items of works estimated to cost more than Rs.10,000 agreed to within, shall be valid only when the item consumed is accepted as having been completed fully in accordance with the sanctioned specification, In cases where the items of work are not accepted as so completed the City Engineer may make payment on account of such items at such reduce rates as he may consider reasonable in the preparation of final or on account bills. Clause 10:- Bill to be Submitted Monthly by Contractor A bill shall be submitted by the contractor each month on or before date fixed by the City Engineer for all work executed in the previous month and the City Engineer shall take or cause to be taken the requisite measurement for the purpose of having the same verified & the claim, so for as it is admissible, shall be adjusted, if possible within ten days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid the City Engineer may depute a subordinate to measure up the said work in the presence of the contractor or his duly authorized agent, whose counter signature to the measurement list shall be sufficient warrant, and the City Engineer may prepare a bill from such list which shall be binding on the contractor in all respects. Clause 11:- Bill to be in Printed Form The contractor shall submit all bills on the printed forms to be had on application at the office of the office of the City Engineer The charge to be made in the bills shall always be entered at the rates specified in the tender or in the case of extra work ordered in pursuance of these condition and not mention or provided for in the tender at the rates hereinafter provided for such work. Clause 12:- Store Supplied by B.N.C.M.C. If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the store of the Department store or if it is required that the contractor shall use certain store to be provided by the City Engineer (such material and stores and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor but not as so in any to control the meaning or effect of this contract specified in the schedule or memorandum hereto annexed) the contractor shall be supplied with such materials & materials & stores as may be required from time to time to be used by him for the purpose of the contract only and the value of the full quantity of the materials and stores so supplied shall be set off or deducted from any contract sum then due or thereafter to become due to the contractor under the contract or otherwise or from the security deposits or the proceeds of sale thereof if the security deposit is held in securities the same or a sufficient portion thereof shall in that case be sold for the purpose. All material supplied to the contractor shall remain the absolute property of BhiwandiNizampur City Municipal Corporation, Bhiwandi and shall on no account be removed from the site of the work and shall at all times be open to inspection by City Engineer, And such materials unused and in perfectly good condition at the of complete ion or determination of the contract shall be returned to B.N.C.M.C. Bhiwandi stores, if the City Engineer so required by a notice in writing given under his hand, but the

Signature of Contractor No. of Corrections Executive Engineer B.N.C.M.C. ,Bhiwandi.

12

Contractor shall not be entitled to return any such material expect with consent of the City Engineer and he shall have no claim for compensation of account of any such material supplied to him as aforesaid but remaining unused by him or for any wastage in or damage to any such materials. Clause 12(A):_All stores of controlled materials such as cement, steel, etc. supplied to the contract or by BhiwandiNizampur City Municipal Corporation, Bhiwandi should be dept by the contractor under lock and key and will and be accessible for inspection by the City Engineer or his agent at all times. Clause 13:_ Work to be Executed in accordance with Specifications, Drawings, orders The Contractor shall execute the shall and every part of the work in the most sustained and work man like manner and both as regards materials and every other respect In strict accordance with specification. The contractor shall also confirm exactly, fully and faithfully to the designs, drawings and instructions in writing relating to the work signed by the City Engineer and lodged in this office and to which the contractor shall be entitled to have access for the purpose of inspection at such office or on the site of the work during office hours. The contractor will be entitled to receive sets of contract drawings and working drawings as well as one certified copy of the accepted tender along with the work order free of cost. Clause 14:- Alteration in Specifications and Design not to invalidate contract. Extra Items rates for work not entered in Estimate or Schedule B The City Engineer shall have power to make any alterations in or additions to the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given to him in writing signed by the City Engineer and such alteration shall not invalidate the contract and any additional work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respect on which he agreed to do the main work, and altered work include any class of work for which no rate is specified in this contract then such class of work shall be carried out at the rates entered in the Schedule Rates of Division or at rates mutually agreed upon between the City Engineer and the contractor, whichever are lower, if the additional or altered work for which no rate is entered in the schedule of rates of the Division, ordered to be carried out before the rates are agreed upon them the contractor shall within seven days on the date or receipt by him of the order to carry out the work inform the City Engineer of the rate which is enter on to charge for such class of work and if the Engineer-in-charge does not agree to his rate he shall by notice in writing be at liberty to cancel his order to carry out such class of work and arrange to carry out in such manner as he may consider advisable provided always that if the contractor shall commence work or incurs any expenditure in regard thereto before the rates shall have been determined as lastly herein before mentioned then in such case he shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of the determination of the rates as aforesaid according to such rate / rates as shall be fixed by the City Engineer, In the event of a dispute the decision of the B.N.C.M.C, Bhiwandi will be final.

13 Where however the work is to be executed according to the design drawings and specifications recommended by the contractor and accepted by the competent authority the alterations above referred to shall be within the scope of such design drawings and specifications appended to the tender. Signature of Contractor No.of Corrections Executive Engineer B.N.C.M. C.,Bhiwandi.

The time limit for the completion of the work shall be extended in the proportion that the increase in its cost occasioned by alterations or additions to the cost of the original contract work and the certificate of the City Engineer as the such proportion shall be conclusive. Clause 15:- No Claim to any payment or compensation for alternation in or restriction of work If at any time after the execution of the contract documents the City Engineer shall for any reason whatsoever (other then default on the part of the contractor for which the B.N.C.M.C. Bhiwandi is entitled to rescind the contact) desires that the whole or any part of work specified in the tender should be suspended for any period or that the whole or any part of the work should not be carried out at all he shall give to the contractor a notice in writing of such desire and upon the receipt of such notice the contractor shall forthwith suspend or stop the work wholly or in part required after having due regard to the appropriate stage at which the work already done or endanger the safety thereof provided that the decision of the engineer as to the stage at which the work of any part of it could be or could have been safely stopped or suspended shall be final and conclusive against the contractor. The contractor shall have no claim to any payment or compensation whatsoever by reason of or in presence 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 the work ordered as aforesaid continued for a continued period exceeding 90 days the contractor shall be all liberty to withdraw form the contractual obligations under the contract so far as far as it pertains to the unexcused part to the work by giving a 10 days prior notice in writing to the City Engineer 30 days of the expiry of the said period of 90 days of such intention and requiring the City Engineer to record the final measurement of the work already done and to pay final bill Upon giving such notice the contractor shall be demean to have been discharge form his obligation to complete the remaining unexecuted work under his contract. On receipt of such notice the City 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

14 manner prejudice the right of the contractor to any further compensation under the remaining provisions of this clause. (3)Where the City Engineer require the contractor to suspend the work for period in excess of 30 days of any time of 60 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 and 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 the 30 days whether consecutive or in the aggregate of such suspension or in respect to any suspension whatsoever occasioned by unsatisfactory work or any other default on his part, The decision of City Engineer in his regard shall be final and conclusive against the contractor. (4) in the event of (i) Any total stoppage of work on notice from the City Engineer, under sub-clause (1) in the that behalf. (ii) Withdrawal by the contractor from the contractual obligation to complete the remaining unexecuted work under sub-clause (2) on account of continued suspension of work for a period exceeding 90 days.

Signature of Contractor No.of Corrections Executive Engineer B.N.C.M. C.,Bhiwandi.

(iii) Curtailment in the quantity of item or items originally tendered on account of any alteration, omission or substitution in the specification in the pacification, drawing, designs or instruction under clause 14(1) Where such curtailment exceeds 25% in quantity and the value of the quantity curtailed beyond 25 percent at the rates for the item specified in the tender is more than Rs. 5000/- It shall be up to to the contractor within 90 days from the service of (I) the notice of stoppage of work or (ii) the notice of withdrawal from the contractual obligation under the contact on account the continued suspension of work or (iii) notice under clause 14 (1) resulting in such curtailment to produce to the city engineer satisfactory documentary evidence that he had purchased or agreed to purchase material for use in the contracted work, before receipt by him to the notice of storage, suspension or curtailment and require B.N.C.M.C. Bhiwandi to take over on payment such material at the rate determined by the City Engineer provided however such rates shall in case

15 exceed the rates at which the same was required by the contractor . The contractor shall thereafter take over the material so offered provided the quantities offered are not in excess of the requirement of the unexecuted work as specified in the accepted tender and or of quality and specifications approved by the Engineer Clause 15A :- The contractor shall no be entitled to claim any compensation from B.N.C.M.C. Bhiwandi in the loss suffered by him on account of delay by B.N.C.M.C Bhiwandi in the supply of materials entered in schedule A where such delay is caused by. (i) Difficulties relating to the supply of railways wagons. (ii) Force major (iii) Act of God (iv) Act of enemies of the state or any reasonable cause beyond the contract of . In the cause of such delay in the supply of materials B.N.C.M.C. Bhiwandi shall grant such extension of time for the completion of the works as shall appear to the City Engineer by reasonable in accordance with the circumstances of the case. The decision of the City Engineer as to the extension of time shall be accepted as final by the contractor. Clause 16:- Time limit for Unforeseen Claim Under no circumstances, whatever shall the contractor be entitled to compensation from B.N.C.M.C. Bhiwandi on any account unless the contractor shall have submitted a claim in writing to City Engineer within one month of the cause of such claim occuring. Clause 17 :- Action and compensation payable in case of bad work If any time before the Security Deposit or any part there of is refunded to the Contractor it shall appear to the city Engineer or his sub Ordinate in charge of the work that any work has been executed with unsound , imperfect or unskilled workmanship or with materials of inferior quality, or the any materials or articles provide by him for execution of the work are unsound or of a quality inferior to that contracted for or are otherwise not in accordance with the contract it shall be lawful for the City Engineer to intimate this fact in writing to the contractor and then not withstanding the fact that the work, materials or articled complained of my have been inadvertently passed, certified and paid for the contractor shall be bound for with 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 provided other proper and suitable material 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 City Engineer and cost and in the written intimation aforesaid the contractor shall be liable to pay compensation at the rate of 1% on the amount of Signature of contractor No.of corrections Executive Engineer B.N.C.M.C., Bhiwandi.

16 the estimate for every day not exceeding 10 days, during which the failure so continuous and in the case of any such failure the City Engineer may rectify or remove and execute the work of remove and replace of the materials or articles complained or as for case be at the risk and expenses in all respect of the contractor should be City Engineer consider that and such inferior work are materials as described above he accepted or made use of it shall be within his description to accept the same at such reduced reduced rates as he may fix therefore . Clause 18 :- All work under or in course of execution or executed in pursuance the contract shall are all time be open to inspection and supervision of the City Engineer and his subordinates and the contractor shall at all time during the usual workings hours and all other times at which reasonable motives of the intention of the City Engineer and his subordinate to visit the work shall have been given to the contractor either himself be present to receive order and instruction of have a responsible agent duly accredited in writing present for that purpose. Orders given to the contractors duly authorized agent shall be considered to have the same force and effect as it they has been given to the contractor himself. Clause 19 :- Notice to be given before work is covered up. The contractor shall give not less than 5 days notice in writing to be City Engineer or his subordinate in charge of the work before covering up to otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions there of taken before the same is so covered up or placed beyond the reach of measurement and shall no cover up or placed beyond the rate of measurement any work without the consent in writing of the city Engineer or his subordinate –in-charge of he work, and if any work shall be covered up to placed beyond the reach of measurement, or without such notice having been or consent contained the same shall be uncovered at the contractor’s expense and in default there of no payment or allowance shall be made for such work or for the materials with which the same was executed. Clause 20 :- Contractor Liable for Damage done or for interaction If during the period of 60 months ( Sixty Months) for CC road and 24 months ( Twenty for Months) for BT road from the date of completion as certified by the City Engineer pursuant to clause 7 of the contract or 60 months for CC Rd/24 months for BT Rd after commissioning the work which ever is earlier in the opinions of the City Engineer, the said work is defective in any manner what so ever the contractor shall for the with on notice in that behalf from the City Engineer duly commence execution and completely carry out at his cost in every respect all the work that may be necessary for 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 City Engineer. In the event of the contractor failing or neglecting to commence execution of the said rectification work within period prescribed there fore in the said notice to complete the same as aforesaid as required by the city Engineer get the same executed and carried out departmentally or by any other agency at the risk on account and at the contractor. The contractor shall forthwith on demand pay to B.N.C.M.C. Bhiwandi the amount of such costs charges and expense sustained sustained or incurred by the B.N.C.M.C Bhiwandi of which the certificate of the Engineer shall be final and binding on the contractor. Such costs charges and expenses shall deemed to be arrears of land revenues and in the event of the contractor failing or neglect ion to pay same on demand as aforesaid without prejudices to any other right and remedies of B.N.C.M.C. Bhiwandi the same maybe recovered from the contractor as arrears of land revenue. The B.N.C.M.C. Bhiwandi shall also be become payable by the B.N.C.M.C. Bhiwandi to the contractor either in respect of the said work or any other work whatsoever or from the amount of security deposit retained by B.N.C.M.C, Bhiwandi.

17 Signature of contractor No. of corrections Executive Engineer B.N.C.M.C., Bhiwandi.

Clause 21. The Contractor shall supply at his own cost all material (except such special materials, if any as may, in accordance with the contract, be supplied from the B. N. C. M. C. Bhiwandi stores) plant, tools, appliances, implements, ladders, cordage, tackle scaffolding and temporary works requisite or proper execution of the work whether in the original altered or substituted form and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not and which may be necessary for he purposed of satisfying or complying with the requirements of the City Engineer 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 therefore to and from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purposed of setting out work and counting weighing and assisting in the measurement or examinations at any time and from time to time of the work or the materials falling which the same may be provided by the City Engineer at any expense of the contractor and the expenses may be deducted firm any money due to the contractor under the account or from his security deposit or the proceeds of sale thereof or of 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 fro injury sustained owing to neglect of the above precautions and to pay any person or which may with may be awarded in any such suit action or other legal proceeding that may be brought by any person for injury sustained owing to any such person or which may with the consents of the contractor to paid for compromising any claim by any such person. List of machinery in contractor's possession and which they propose to use on the works should be submitted along with the tender. Clause 21 A :- The contractor shall provide suitable scaffold and working platform gangways and stairways and shall comply with the following regulations in connection herewith. (a) Suitable scaffolds shall be provided suitable for workman for all works that can't be safely

done from a ladder or by other means. (b) A scaffolds shall be constructed taken down or substantially altered expect. (i) Under the supervision of a competent and responsible person & (ii) As far as possible by competent workers processing adequate experience in this kind of

work. (c) All scaffolds and appliances connected therewith and ladders shall.

18 (i) be of sound material (ii) Be of adequate strength having regard to the loads and strain to which they will be

subjected and (iii) Be maintained proper condition (d) Scaffolds shall be so constructed that no part there of can be displaced in cones quench of

normal use. (e) Scaffolds shall not be over-loaded and so far as practicable the load shall be evenly

distrusted. (f) Before installing, filling gear on scaffolds special precautions shall be taken to ensure the

strength and stability of the scaffolds. -----------------------------------------------------------------------------------------------------------------------------------

----- Signature of Contractor No. of Corrections Executive Engineer B.N.C.M.C..Bhiwandi

(g) Scaffolds shall be periodically inspected by a competent person. (h) Before allowing a scaffold to be used by his workman the contractor shall whether the

scaffold has been reacted by his workmen or not take steps to ensure that it compliers fully with the regulations herein specified.

(i) Working platform, gangway shall --- (i) be so constructed that no part thereof can sag unduly or unequally. (ii) be so constructed and maintained having regard to the prevailing conditions as to reduces

as far as practicable risks of person tripping or slipping and (iii) be kept free from any unnecessary obstruction. (i) in the case of working platform, gangway working past and stairways at a height

exceeding 25 Meters (To be specified) (i) Every working platform and every gangway shall be closely boarded unless other

adequate measure are taken to ensure safely. (ii) Every working platform and gangway shall have adequate with an. (iii) Every working platform gangway working place and stairway shall be suitable fenced.

19 (k) Every opening in the floor of a building or in working platform shall except for the time and

to the extent required to allow the excess of persons or the transport of shifting of material be provided with suitable means to prevent the fall of persons or material (To be prescribed)

(l) When persons are employed on a roof when there is a danger of failing from a height

exceeding 2.5-meter suitable precautions shall be taken to prevent the fail persons or materials (To be prescribed)

(m) Suitable precaution shall be taken to prevent person being struck by articles which might

fall from scaffolds or other working places. (n) Sale means of access shall be provided to all working platform and other working Wages

Act. (o) The contractor's will have make payment to the labors as per Minimum Wages Act. Clause 21B: - The contractor shall comply with the following regulations as regards the Hoisting

Appliance to be used by him. (a) Hoisting machines and tackle including their attachment anchorage's and sup parts shall (i) be good mechanical construction. sound material and adequate strength and free from

patent defect and (ii) be kept in good repair and in goods working order. (b) Every rope used hoisting or lowering materials or as a means or suspension shall be of

suitable quality adequate strength and free from patent defect. (c) Hoisting machines and tackles shall be examined and adequately tested after erection on

the site and before use and be re-examination in position at intervals to be prescribed by the machine operators.

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Signature of Contractor No. of Corrections Executive Engineer B.N.C.M.C..Bhiwandi (d) Every chain, ring book, shackle, swivel and pulley block used in hoisting hovering materials or hovering materials or as a means of suspension shall be periodically examined. (e) Every crane driver or hoisting appliance operator shall be properly qualified.

20 (f) No person who is below the age of 18 years shall be in control of any hositing machine, including any scaffold which or give signals to the operator. (g) In crane of the every hoisting machine and of every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering or as a means of suspension, the safe working load shall be ascertained by adequate means. (h) Every hoisting machine and all gear referred to in preceding regulation shall be plainly marked with the safe working load. (i) In the case of a hoisting machine having a variable safe working load each sage working load and the conditions under which it is applicable shall be clearly indicated. (k) No parts of any-hoisting machine or of any gear referred to in regulation 7 above shall be loaded the safe working load except for the purpose of testing. (l) Motors, gearing transmissions, electric writing and others dangerous parts of hoisting appliance shall be provided with efficient safeguards. (i) Hosting appliance shall be provided with such means as will reduce to a minimum the risk of the accidental descent of the load. (m) Adequate precaution shall taken to reduce to a minimum the risk of any part of a suspended load becoming accidentally displaced. Clause 22:- The contractor shall not set fire to any standing jungle, trees brushwood or grass without a written permit from the City Engineer. When such permit is given and also in all case when destroy cut or dug up trees, brush wood grass etc. by fire the contractor shall taken necessary measures to prevent such fire spreading to or otherwise damaging surrounding property. The contractor shall make his own arrangements for drinking water for the labor employed by him. Clause 23:- Compensations for all damages done intentionally or unintentionally by contractor's labor whether in beyond the limits B. N. C. M. C., Bhiwandi property including any damage cause by the spreading of such mentioned in clause 22 shall be estimated by the City Engineer or such other officer as he may appointed and the estimates of the City Engineer, shall be final and the contractor shall be bound today the amount of the assessed compensation on the 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 form any sums that may be due or become due from BhiwandiNizampur City Municipal Corporation, Bhiwandi to contractor under this contract or otherwise. The contract shall bear the expenses of depending any action or other legal proceeding that may be brought by any persons or for injury sustained by him owing to reflect of precautions to prevent the spread of fire and he shall pay damages and cost that may be awarded by the court in consequence. Signature of Contractor No. of Corrections Executive Engineer B.N.C.M.C.,Bhiwandi.

21 Clause 24 :- The employment of female laborers on works in neigh boarhound or soldier's barracks should be avoided as far as possible. Clause 25:- No work shall be done on Sunday or specified holiday without the sanction in writing of the City Engineer. Clause 26:- Work not to sublet The contractor shall nor sublet any work or part thereof without the written approval of the City Engineer and if the contractor shall assign or sublet his contract or attempt to do so or become insolvent or commence any proceedings to get himself adjudicated and insolvent or make any compensation with his creditors or attempt so to do if bridge gratuity gift loan, perquisite reward or advantage pecuniary or otherwise shall either directly to promised the contractor or any of his servants or agents to any public officer or person in the employ or in any way relating to this officer or person shall become in any way directly or indirectly interested in the contract, the City Engineer may thereupon by notice in writing rebind the contract and the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of B.N.C.M.C., Bhiwandi and the same consequences shall ensure as if the contract had been rescind under clause 3 thereof in addition the contractor shall not be entitled to recover or be paid for any work thereof actually performed under the contract. Clause 27:- All sums payable by a contractor by way of compensation under any of these conditions shall be considered as a reasonable compensation to be applied to the use of without reference or the actual loss or damages sustained and whether any damage his or has not be sustained.\ Clause 28:- In the case of tender by partners any change in the constitution of firm shall be forthwith notified by the contractor to the City Engineer for his information. Clause No.29:- All work to executed under this contract shall be executed under the direction and subject to the approval in all respects of the City Engineer of the B.N.C.M.C., Bhiwandi, for the time being, who shall be entitled to direct at what point or and in what manner they are to be commenced and form time to time carried on. Clause No.30:- Direction and control of Commissioner. Except where otherwise modified in the contract and decision of the City Engineer, for the time being shall be final, conclusive and binding on all parties to the contract upon all question relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or as to any other question claim right matter or things whatsoever if any arising our of or relating to the contract, drawings, specification, estimates, instruction's orders, or these conditions or otherwise concerning the works or the execution, or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof. This clause is not an Arbitration Agreement. The bidder may within thirty days of receipt of any order pass by the City Engineer BhiwandiNizampur Municipal Corporation , Bhiwandi, as aforesaid, can appeal against it to the Municipal Commissioner, BNCMC concerned with the contract, work or project provided that:- (a) The accepted value for the bid exceeds Rs. 10 lakhs (Rs. Ten lakhs) (b) The amount of claim is not less than Rs. 1,00,000/- (Rs. one lakh)

22 The decision of Municipal Commissioner, B.N.C.M.C. will be final and binding on contractor. Clause No.31:- The contractor shall obtain from the B.N.C.M.C., Bhiwandi, all stores and articles of European or American manufacture which may be required for the work or any part thereof or in making up any article required thereof or in connection therewith unless he has contained permission in wiritng form the City Engineer, to obtain such stores and articles elsewhere. The Signature of Contractor No.of Corrections Executive Engineer B.N.C.M.C.,Bhiwandi. value of such stores and articles as may be supplied to the contractor by the City Engineer will be debited or the contract or in this account at the rates shown in the schedule in the form A attached to the contract and if they are not entered in the said schedule they shall be debited to him at cost price which for the purpose of this contract shall include the cost o carriage and all other expenses whatsoever which shall have been incurred in obtaining delivery of the same at the stores aforesaid. Clause 32 :- Where the estimate which a tender is made includes lumps sums in respect of parts of the work the contractor shall be entitled for payment in respect to the terms of work involved or the part of the work in question at the same rates as are payable under this contract for each item, of if the part of the work in question is not in the opinion of the City Engineer capable in the estimate and the certificate with regard to any sums payable to him under the provisions of this clause (for lumsum Items proportionate payment will be released as per progress done) Clause 33:-- In the case on any class of work for which there is no such specification as is mentioned in Rule 1 such work shall be carried out in accordance with the K.B.M.C prescribed specification, and in the event of there being no K.B.M.C. prescribed specification then in such case the work shall be carried out in all respects in accordance with all instructions and requirement of the City Engineer, Clause 34:- The expression “work “ or Work” where used in these conditions shall unless there be something in the subject or contract repugnant to such constructions, be constructed to mean the work or the works constructed to be Executed under or in virtue of the contract, whether original. altered substituted or additional. Clause 35 :- The percentage referred to in the tender shall deducted or added to the gross amount of the bill.

23 Clause 36 :- All quarry fees royalties and ground rent for stocking materials or other taxes if any should be paid by the contractor. Clause 37 :- The contractor shall be responsible for and shall pay 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 B. N. C. M. C., Bhiwandi as principal Employer under sub-section (1) of section 12 of the said Act on behalf of the contractor it shall be recoverable by B. N. C. M. C., Bhiwandi 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 37 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 B. N. C. M. C., Bhiwandi the same shall be recoverable from the contractor forth with and be deducted without prejudice to any other remedy of from any amount due or that may become due to the contractor. Clause 37 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 there with.

(a) The workers shall be required to use the equipment so provided by the contractor and the contractor shall take associate to ensure proper use of the equipment those concerned.

Signature of Contractor No.of Corrections Executive Engineer B.N.C.M.C.,Bhiwandi.

(b) When work is carried on in proximity to any place where there in a risk of drawing all

necessary equipment shall be provided and kept ready for use and all necessary steps shall be taken for 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 37 C:- The contractor shall duly employ with the provision of The Apprentices Act. 1962 (III of 1986) the rules made there under and the orders that may be issued form time to time under the said Act and the Rules and the Rules and on his failure or neglect to do so he shall be subject to all the liabilities provided by the said Act as said Rules. Clause 38 :- 1)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 specifications prescribing different percentage of permissible variation, the quantity of the item does not exceed the tender quantity by more than 25 percent and

24 so long as the value of the excess quantity beyond this limit at the rate of item specified in the tender, is not more than Rs. 5,000/- 2) The contractor shall, if ordered in writing by City Engineer so to do, also carry out any quantities in excess of the limit mentioned in sub-clause (1) here of on the same conditions as and in accordance with the specification in the tender and at the rate (i) derived from the rates 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 as Rs. 1,39,26,640/- (Rupees One Crore Thirty Nine Lakhs Twenty Six Thousand Six Hundred Forty Only) 3) Claims arising out of reduction in the tendered quantity of any item be beyond 25 percentage will be governed by the provision of clause 15 only when the of such reduction beyond 25 percent at the rate of the item specified in the tender is more than Rs. 5,000/- 4) This clause is not applicable to extra items. 5) There is no change in the rate if the excess is more than 25% of the tendered quantity, but the value of the excess work at the tendered rates does not exceed Rs. 5,000/- Clause 39 :- The Contractor shall employ any famine convict or other labor of the particular kind or class if ordered in writing to do by the City Engineer. Clause 40 :- No Compensation shall be allowed for any delay caused in the starting of the work on account of any acquisition of land or in the case of the clearance work, on account of any delay in according sanction to estimates. Clause 41:- No Compensation shall be allowed for any delay in the execution of the work on account of water standing in borrow pits or compartment. The rates are inclusive for hard or cracked soil, excavation in mud, sub-soils water or water standing in borrow pit and no claim for an extra rate shall be entertained unless otherwise expressly specified. Clause 42:- The Contractor shall not enter upon or commence any portion of work expect with the written authority and instruction of the City Engineer 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. Signature of Contractor No.of Corrections Executive Engineer B.N.C.M.C.,Bhiwandi

Clause 43:-

(i) No contractor shall employ any person who is under the age of 18 years.

(ii) No contractor shall employ donkeys or other animals with breaching of string or thin rope. The breaching must be at least three inch wide and should be of tape (Nawar)

25 (iii) No animal suffering from scores, lameness or emaciation or which is immature shall

be employed on the work.

(iv) The City Engineer or his agents authorized to remove from the work any person or; animal found working which does no satisfy these conditions and no responsibility shall be accepted by B. N. C. M. C. Bhiwandi for any delay caused in the completion of the work by such removal.

(v) The contractor shall pay fair and reasonable wages to the workmen employed by him.

in the contractor undertaken by him. 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 City Engineer who shall decide the same. The decision of the City Engineer shall be conclusive and binding on the contractor but such decision shall not in any way, effect the condition. In the contract regarding the payment to be made by B. N. C. M. C., Bhiwandi at the sectioned 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) All facilities provide in the contract labor (Regulation and Abolition Rule 1971) should be provided.

Clause 44:- Payment to contractor shall be made by cheque drawn on any Bank within the B. N. C. M. C., Bhiwandi limits, convenient to them provided the amount exceeds Rs. 100/- Amount not exceeding Rs. 100/- will be paid in cash. Clause 45:- Any contractor who does no accept these condition shall not be followed to tender for works. Clause 46:- If Government declares a state of scarcity or famine to exist in any village situated within 16 km. of the work, the contractor shall employ upon such parts of the work as are suitable for unskilled labor any person certified to ;him by the City Engineer or be any person to whom the City Engineer may have delegated this duly in writing to be in need of relief and shall be bound to pay to such person wages not below the minimum which may have fixed in this behalf. Any disputes which may arise in connection with the implementation on this clause shall be decided by the City Engineer whose decision shall be final and binding on the Contractor. Clause 47:- The price quoted by the contractors shall not in any case exceed the control price, if any fixed by B. N. C. M. C., Bhiwandi or reasonable price which it is permissible for him to charge a Private purchaser for the same class and description the controlled price or the price permissible under Hoarding and Profiteering Ordinance. 1948 as a mended from time to time. If the price quoted exceeds the controlled price or the price permissible under Hoarding and Profiteering Prevention Ordinance. This Discretion will be exercised without prejudice to any other action that may be taken against the contractor. Clause 47 (A):- The tendered rates shall be inclusive of all taxes, and shall also be inclusive of the Tax livable in respect of works contract under the provision of the Maharashtra Sales Tax in transfer of property or goods involved in the execution of works Contract Act, 1985 (Maharashtra Act No. XIX of 1985)

26 Signature of Contractor No.of Corrections Executive Engineer B.N.C.M.C.,Bhiwandi.

Clause 48:- The rates to quoted by the contractor must be inclusive of sales Tax. No extra payment on his account will made to the contractor. Clause 49:- In case if materials that may remain surplus with the contractor from those issued for the work contracted of date of ascertainment of the materials being surplus will taken as the sate of sale for the purpose of sales tax and the sales tax will be recovered on such sale. Clause 50:- The Contractor shall employ at least 80 percent of total number of unskilled labor to be employed by him on the said work from out of the persons ordinary residing in the district in which site of the said work is located. Provided, however that if the required number of unskilled labor from that district is nor available, the contractor shall in the first instance employ such number of persons as is available and thereafter may with the previous permission in writing of the City Engineer of the said work, obtain the rest of the requirement of unskilled labor from out side district. Clause 51:- The contractor shall pay the laborers skilled and unskilled according to the wages presided by the Minimum Wages Act of 1948 applicable to the area in which the work of the contractor is in Progress. Clause 52:- Alll amounts whatsoever which the contractor is liable to pay to B. N. C. M. C., Bhiwandi in connection with the execution of the work including the amount payable in respect of (i) material and / or stores supplied/issued here under by the B. N. C. M. C., Bhiwandi to the contractor (ii) Higher charges in respect of heavy plant, machinery & equipment on hire by B. N. C. M. C., Bhiwandi to the contractor for execution by him of the work and / or on which advances have been given by the Council to the contractor shall be deemed to arrears of Land Revenue and the Corp. may without prejudice to any other rights and remedies of the Council recover the same from the contractor as arrears of revenue. Clause 53:- The contractor shall duly comply with all the provisions of the contract Labour(regulation and Annotation) Act 1970 (37 to 1970) and the Maharashtra contract Labour(regulation and Abolition) Rules,1971 as amended from time to time and all other relevant status and statutory provision thereof concerning payment of wages particularly to the workman employed by the contractor and workman on the site of work at rates prescribed under the Maharashtra contractor Labour( Regulation and Abolition) Rules, 1971. if the contractor fails or neglects to pay wages at the said rates or makes short payments and B.N.C.M.C Bhiwandi makes such a payment of wages in full or part thereof less paid by the contractor, as the case may be the amount so paid by Council to such workers shall be deemed to be arrears of land revenue and the council shall be entitled to recover the same as such from the contractor or deduct the same from the amount payable by the B.N.C.M.C. Bhiwandi to the contractor hereunder or from any other amount/s payable to him by the B.N.C.M.C. Bhiwandi. ( lnsert vide Govt. PWD circular No Cat 1284(120) buildings dt. 14/8/1985 Accompaniments to the G.R. PWD No BGD 1979/64188(358) Desk-2 dt 4/2/1981. Clause 54 :- The contractor shall comply with the provision of the Apprentices Act 1967 and the rules and orders issued there under from time to time if he fails to do so this failure will be

27 breach of the contract and the superintending Engineer may in his discretion cancel on contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the Act. Clause 55 :- Govt, of Maharashtra PWD Resolution No CAT- 1086/CR 243/K/Bldg, Dated 11/8/1987

Signature of contractor no of correction Executive Engineer BhiwandiN.C.Mun.Corporation

Clause 56 :- The contractor shall engaged apprentices such as brick, layer carpenter, wiremen, plumber as well as blank smith recommended by the State Apprenticeship Advisor, Director of Technical Education, Dhobi Talav, Mumbai - 4000001, in the construction work (As per government of Maharashtra. Education Department circular NO. TSA/5170/T/56689 dated 7/7/1972) Clause No. 57 :- Maharashtra Act XIX of 1985 of Turnover of Tax The tendered rates shall be inclusive of all taxes, rates and ceases and shall also be inclusive of the tax payable in respect of works contract under the provision of the Maharashtra Sales Tax on transfer of property in goods involved in the execution of work contract Act.1985 (Maharashtra Act No. XIX of 1985) CONDITIONS FOR MALERIA,ERADICATION,ANTI-MALERIA AND OTHER HEALTH MEASURES :- (A) The anti-malaria and other health measures shall be taken by the Contractor and directed

by the joint Director (Malaria and filarial) of Health Service pune. (B) Contractor shall see that mosquotogenic condition is 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. Program and as directed by the joint Director (M&F) of Health Service.Pune.

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

malaria incidences, contractor shall be liable to pay to B.N.C.M.C. Bhiwandi the amount spent by B.N.C.M.C. Bhiwandi on anti malaria measures to control the situation in addition to time.

(E) Relations with public Authorities: - The contractor shall make sufficient arrangement for

draining away the sewerage water as well as water coming from the bathing and washing places and shall dispose of this water in such away as not cause any nuisance. He shall also comply with all rules regulations by laws and direction given from time to time by any local or public Authority in correction with this work and shall pay his our charges which are livable on him without any extra cost to B.N.C.M.C. Bhiwandi.

28 ---------------------------------------------------------------------------------------------------------------------------------------- Signature of Contractor No. of Corrections Executive Engineer B.N.C.M.C..Bhiwandi

BHIWANDI NIZAMPUR CITY MUNICIPAL CORPORATION BHIWAND

.

CHAPTER - IX

SCHEDULE - 'A' Schedule showing (approximately) the materials to be supplied from the departmental stores for the works contracted and ancillary works to be executed and the rates at which they are to be charged for.

29 Particulars Quantity Unit Rate at which the

materials will be charged to the

contractor

place of Delivery

In Figures In Words

NIL

Note :- 1. The person or firm submitting the tender should see that the rate in the

above schedule are filled up by the Engineer-in-charge on issue of the form prior to the submission of the tender.

2. The contractor should furnish the account of all materials before demand

for further materials and furnish full account of all the materials to the B.N.C.M.C., Bhiwandi. if any materials remains unused with the contractor, he should return the same to the B.N.C.M.C., Bhiwandi. in the event of non-return of such materials recovery at penal rate of twice the issued rate with S.T., & G.T. will have to be affected from the contractor.

3. Wastage of steel to be borne entirely by the contractor. ----------------------------------------------------------------------------------------------------------------- Signature of Contractor No. of Corrections Executive Engineer B.N.C.M.C..Bhiwandi

30 Name of Work – Providing and Laying 150 mm D.I. Pipe Line At Shivaji Nagar to Vinayak Nagar &Vinayak Nagar to Aashirwad Nagar, in Ward No. 39 B.

ABSTRACT

QTY ITEM UNIT RATE AMOUNT 115.5  Item No.1-:Excavation for foundation / pipetrenches in Cum  140.70  16250.85 

    earth soil of all types, sand, gravel and soft murum including            

    removing the excavated material upto a distance 50 meters           

   and lifts as below, standing and spreading as  directed,          

   normal dewatering, preparing the bed for  foundation  and           

   excluding backfilling, etc. complete.          

   MJP DSR 2013-14 Pg No 37/1         

138.60 Item No. 2 :- Excavation for foundation / pipetrenches in hard Cum 163.80 22702.68

murum including removing the excavated material upto a distance 50 meters and lifts as below, standing and spreading as directed,normal dewatering, preparing the bed for foundation and excluding backfilling, etc. complete. MJP DSR 2013-14 Pg No .37/2

161.70 Item No. 3 :- Excavation for foundation / pipe trenches in soft Cum 465.15 75214.76 rock & old cement and lime masonarie foundation asphalt road including removing the excavated material upto a distance 50 meters beyond the area and lifts as below, stacking and as directed, by Engineer-in-charge ,normal dewatering, preparing the bed for foundation and excluding backfilling, etc. complete. MJP DSR 2013-14 Pg No 37/5 Item No. 4 :- Providing D.I. K-9 grade pipes with internal cement mortar lining incluiding all taxes, insurance railway freight unload ing from transport to department stores/ site, unloading, stacking, etc.complete.(IS:8329-2000 Latest Version)

660.0 150 mm dia Rmt 1566.60 1033956.00 MJP DSR 2013-14 Pg No .72/2

Item No. 5 :- Lowering and laying and jointing with SBR gaskets C.I pipes of various classes with C.I./ M.S. specials of following dia in proper position and alignment as directed by Eng.-in-charge including conveyance of material from stores to site of work, including cost of jointing materials and rubber rings labour, giving hydraulic testing etc complete.

660.0 150 mm dia Rmt 82.95 54747.00 MJP DSR 2013-14 Pg No .70/2 Item No. 6 :- Providing double flange sluice valve confirming for

31 IS-2906/4846 including arrangements as per test pressure stainless steel spindle, caps including all taxes transportation etc.

6.0 150 mm dia No 10117.80 60706.80 MJP DSR 2013-14 Pg No .188/11/A    Item No. 7 :- Lowering laying and jointing in position following         

    C.I.D/F Reflex valves, Butterfly valves and Sluice valves including          

   cost of all labour jointing material, including nut bolts and giving         

   satisfactory hydraulic testing etc complete.          

6.0 150 mm dia No 1975.05 11850.30    MJP DSR 2013-14 Pg No .181/4         

Item No. 8 :- Supply of C.I mechanical compression flanged/socket Tailpiece (popularly known as ITM flanged socket Tailpiece) suitable for making flanged connection with the plain barrel of C.I. spun pipe(as per-IS-1536/2001) and D.I pipes

(as per IS:8329/2000) the tailpiec to be supplied complete with sealing rubber gasket of S.B.R., C.I. follower glands and M.S. nut Bolts.The whole asseembly should be mechanically and hydraulical tested to the provisions as laid down in IS: 1538/1993

15.0 150 mm dia No 2682.75 40241.25 MJP DSR 2013-14 Pg No .199/1 Item No. 9:- Supply of Mechanical Joint double socket 90ºbends    Table ‐14 of IS‐13382/1992complete with sealing rubber gasket of      SBR with follower gland and MS nutbolds  gasket of SBR with follo‐     wer gland and MS nutbolds  protected from rusting and suitable  for     C.I. pipes.     

8.0 150 mm dia  No  4988.55 39908.40 MJP DSR 2013-14 Pg No 200/3      

Item No. 10 :- Supply of Mechanical Joint double socket 45ºbends   

Table ‐14 of IS‐13382/1992complete with sealing rubber gasket of      SBR with follower gland and MS nutbolds  gasket of SBR with follo‐     wer gland and MS nutbolds  protected from rusting and suitable  for     C.I. pipes.     

8.0 150 mm dia  No  4202.10 33616.80 MJP DSR 2013-14 Pg No 200/4    Item No.11- Supply of Mechanical Joint Collar coupling (known as Jiffy joint) suitable for C.I. Spun pipes and dimensionally described in (IS-1536/2001) complete with sealing rubber gasket of SBR with follower gland and MS nutbolds protected from rusting and suitable for

15.0 150 mm dia No 1517.00 22755.00 MJP DSR 2013-14 Pg No 199/2

32 Item No. 12 :- Supply of C.I mechanical Joint all socket Tees as dimenisonllydiscribedinTable -18 of IS-13382/1992 complete with

sealing rubber gasket of SBR with follower gland and MS nutbolds

protected from rusting and suitable for C.I. pipes. 2.0 100 X 100 X 100 mm dia No 6651.75 13303.50 MJP DSR 2013-14 Pg No 203/VI Item No. 13:- Making cross connection to existing distribution    main of any type including excavation, breaking and removing   existing pipes, lowering laying of specials and pipes in their positi‐  on, refilling, closing the water supply in that area, dewatering and  restarting the watersupply, etc. complete. 

1.0 150 mm dia No 2493.75 2493.75 MJP DSR 2013-14 Pg No 58/10/iv    Item No. 14 :- Cutting and champhering of pipes of following dia         

    including cost of  all meterialsetc complete.(for all class of pipes)          

25.0  150  mm dia  No  61.95  1548.75 

   MJP DSR 2013-14 Pg No 195/20         

           

4.7 Item No. 15 :- Providing and laying in situ cement cum 4730.25 22118.65 concret of trap/granite/ quartzite/ gneiss metal for foundation   and bedding including bailing out water manually from work   compaction complete. M-150

   MJP DSR 2013-14 Pg No45/1/b         

           

415.80 Item No.16 :- Refilling the trenche with available excavated m3 69.30 28814.94 stuff with soft material first over pipeling and then hard   material in 15 cm layers with all leads and lifts including  consolidation, surcharging, etc,complete.  MJP DSR 2013-14 Pg No 41/17

300.00  Item No. 17 :- Dewatering the excavated trenches and pools BHP/Hr.  63.00  18900.00 

   of water in the building trenches / pipe line trenches, well works          

    by using pumps & other devices incluiding disposal of water to          

   safe distance as directed by Engineer‐in‐charge ( including cost          

   of machinery, labour,fuel ) , etc. complete.          

   MJP DSR 2013-14 Pg No 40/16         

Total 1499129.42 Say Rs. 1499129.00

Jr. Engineer Dy. Engineer Water Supply Dept. Water Supply Dept. B.N.C.M.C. B.N.C.M.C.

33 Name of Work –Providing and Laying 150 mm D.I. Pipe Line At Shivaji Nagar to Vinayak Nagar &Vinayak Nagar to Aashirwad Nagar, in Ward No. 39 B.

MEASUREMENT

Item No No. Length Breadth Dept. Quantity Total

Item No. 1 earth soil

660  0.7  0.25    115.50 122.50

Cum            

Item No. 2 pipetrenches in hard murum

660  0.7  0.3    138.60 147 .0

Cum            

Item No. 3 pipe trenches in soft rock

660  0.7  0.35    161.70 171.50

Cum

Item No. 4 Providing D.I. K-9 grade pipes

660.0 700.0 Rmt

Item No. 5 Lowering and laying and jointing D.I. K-9 grade pipes

150 mm dia 660.0 700.0

Rmt

Item No. 6 sluice valve 150 mm dia 6.00 6.0 No

Item No. 7 Lowering laying and jointin sluice valve

150 mm dia 6.00 6.0 No

Item No. 8 flanged/socket Tailpiece 150 mm dia 15.0 15.0 No

Item No. 9 90º bends 150 mm dia 8.0 8.0 No

Item No. 10 45º bends 150 mm dia 8.0 8.0 No

Item No. 11 Mechanical Joint Collar coupling

150 mm dia 15.0 15.0 No

Item No. 12 all socket Tees

150 x 150 x 150 2.0 2.0 No

Item No. 13 :- Making cross connection to

34 150 mm           1.0 1.0 No

           

Item No. 14 Cutting and champhering

  

150 mm dia 25.0 25.0No

Item No. 15 :-

Providing and laying in situ cement

4.676 4.90 Cum

Item No. 16 Refilling the trenche

415.80 441.0 M3

Item No. 17 Dewatering

300.0 250.0 Bhp/hr

Jr. Engineer Dy. Engineer Water Supply Dept. Water Supply Dept. B.N.C.M.C. B.N.C.M.C.