Navi Mumbai Municipal Corporation...2 Signature of Tenderer No. of Corrections Signature of Executive Engineer −Ö¾Öß ´ÖÓã²Ö‡Ô ´ÖÆüÖ−Ö Ö¸ü¯ÖÖ×»Ö úÖ

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Signature of Tenderer No. of Corrections Signature of Executive Engineer

Navi Mumbai Municipal Corporation

RETENDER

NMMC/EE(E)/Z-2/21(1)/ 2017-18

Tender for the work of

PROVIDING STREET LIGHT NEAR DR. BABASAHEB AMBEDKAR MEMORIAL SEC 15 AIROLI

Sr.No. Discription period

1 E- Tender selling & Technical Documents Uploading Period

05/10/2017 from 10.00 Hours onwards to 12/10/2017 Upto 13.00 Hours.

2 E- Tender Financial Bid submission Period

12/10/2017 from 15.00 Hours.onwards to 13/10/2017 Upto 15.00 Hours.

3 E- Tender Opening 13/10/2017 - Upto 16.00 Hours (If possible)

Tender Price RS.2000/- (Non – Refundable)

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Plot No. 1 & 2, Govardhani chowk, Sec.15A, C.B.D., Belapur, NAVI MUMBAI – 400 614. TEL. No. : 27567001 27567002

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SCHEDULE ‘A’

NMMC/EE(E)/21(1)/ 2017-18 1. Name of Tender PROVIDING STREET LIGHT NEAR DR. BABASAHEB AMBEDKAR MEMORIAL SEC 15 AIROLI

2 Persons Responsible

Pravin Gade, Executive Engineer(Elect-2)-9920062126,

Sanjeev Patil, Deputy Engineer (Elect) – 8652056568,

Prakash Bagade, Junior Engineer (Elect)-8425833266

3. Eligibility Criteria and Documents Required to Establish Eligibility

Criteria Required eligibility Documents Required to be attached with tender or to be uploaded in case of e-submission to Establish Eligibility

a Registration Contractor’s registration of Related Class with Public Works Department/CPWD/CIDCO (As per dept. requirement)

Copy of the relevant certificate to be uploaded.

b Average annual Turnover for last three years

Min.100% of Estimated Amount Audited Financial statements for previous (Y-1), (Y-2), (Y-3) year.

c experience Completion Certificate Of Similar type Of Work in last 7 Year.

a)Single work of 100% Of Estimated Cost

Or

b)2 work of 50% Of Estimated Cost

Or

b)3 work of 40% Of Estimated Cost

Completion certificate should be uploaded

d Documents to be uploaded/ attached

1) CIDCO/PWD/CPWD registration 2) Power of Attorney for signing tender document, if applicable 3) Copy of partnership deed, if applicable 4) Bank Solvency (equivalent to 20% of estimated cost) 5) GST Registration certificate. 6) NMMC LBT Registration certificate if applicable. 7) Undertaking of Tenderer on Rs. 100 stamp as per annexure – 2 8) Firm Details in Annexure-3 9) PAN Card Copy/Income Tax Number 10) Service Tax/Works Contract Tax certificate copy 11) Company or Firm Registration Certificate (Shop Act/Incorporation Certificates). 12) Works Experience certificate 13) Technical Staff detailed list as per Annexure-8. 14) CA certified Last 3 years turnover certificate. 15) Affidavit on Rs.100 stamp paper as per Annexure-9 16) List of plant and machinery as per Annexure-7 17) List of Work in hand as per Annexure-6

All bidders are required to submit original undertaking & Affidavit with all other uploaded documents for submission of bid and original bank guarantee towards EMD (if uploaded) within 2 working days after last date of submission of tender in working hours in the office of Executive Engineer (Elect) Zone – 2, 2nd floor, Navi Mumbai Municipal Corporation, Plot No. 1 & 1A, sec. 15, CBD Belapur, Navi Mumbai. The failure or omission to submit the original documents as said above shall disqualify the bidder for this bid and also debar the agency for issue of bids for further one year.

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f Others Special condition

Cost of each tender form

Rs. 2000/- To be paid by Net Banking/any banks credit or debit card.

Estimation Cost Rs.18,86,648/-

Earnest Money Rs.18,900/- To be paid by Net Banking/any banks credit or debit card.

Pre-Tender Conference

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4. Security Deposit :

a Initial Security Deposit 3% in form of DD/FDR/BG/Cash.

b Further Security Deposit, to be deducted from Bills 2 % of the Contract Sum

5. Type of Contract Capital work

6. Completion Period 2 month

7. The agency will have to furnish an additional 1 % Security Deposit quoted by it below 10% and in case the agency quotes 14% below the cost put to tender, it will have to furnish an additional security deposit of (14%) –(10%) = 4% i.e. (1%) + (4% ) = 5% in the form of Bank Guarantee of any Govt. Bank or Schedule Bank having MICR and IFSC Code in the name of concern authority. The validity of Bank guarantee having should be more than 1 month upto defect liability period of works from the date of issue (For detail Please refer the GR No ¿ÖÖÃÖ−Ö ×−Ö�ÖÔµÖ �Îú. ²Öß›üß•Öß/2016/¯ÖÏ.�Îú-2/‡´ÖÖ. 2 ×¤ü. 01/4/2017 For online Tender, The Agency Should upload the Scan Copy of Bank guarantee/DD in Financial bid.

8. AS per Government of Maharashtra Circular GST has been come into account from 1st july 2017 So Henceforth while quoting tender Tenderer has to consider the GST factor (GR No.शासन प रपऽक ब.जीएसट -2017 /.ब.81/कराधान-1

द.19/08/2017.

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Detailed Tender Notice 1. Notice Inviting Tenders 1.1 Online tenders are invited by and on behalf of Commissioner, Navi Mumbai

Municipal Corporation (NMMC) from eligible Tenderers for the proposed work specified in the Schedule ‘A’.

2. Issue of Tender

2.1. For work of Estimate amount less than Rs. 3 lacs, Tender copy will be made available at E-tendering cell, Ground Floor, NMMC Head Office, Govardhani Chowk, Plot No.1, Sector-15A, CBD, Belapur from date of publish of Tender Notice or Contractor may buy tender book from E- tendering website www.nmmc.maharashtra.etenders.in or www.nmmconline.com. 2.2 For work of tender amount Rs. 3 lacs & above, tender book will be issued online only though E-tendering Website www.nmmc.maharashtra.etenders.in or www.nmmconline.com. 2.3 For work of tender amount Rs. 3 lacs & above Price of Blank Tender form must be paid by Net Banking/any bank credit or debit card.

. 2.4 The Tender Document is non-transferable. Only the Tenderer who has purchased the tender form shall be entitled to bid in the Tender.

3. Language of Tender / Contract 3.1 The language of the Tender shall be in English / Marathi and all correspondence,

drawings etc. shall conform to the English/Marathi language. 4. Clarifications by Tenderer and Pre-Tender Conference 4.1 A Pre-Tender conference of all intending Tenders will be held at the scheduled

date and time indicated in Tender-Notice/ schedule A. Intending Tenderers will be allowed to seek clarification and suggest suitable modifications in specifications, Conditions of Contract, etc. The Corporation will communicate such changes that are accepted by it, to all the intending Tenderers who have purchased the Tender Document from the Corporation. Only such changes that are so communicated shall be binding on the Corporation and all the Tenderers.

4.2 The Tenderer should get its doubts cleared during pre-bid meeting only, if provided

in the Tender. In case no pre-bid meeting is to be held, the Tenderer should seek clarification of any doubt in writing seven (7) days before the last date for receipt of Tenders.

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5. Validity of Tenderers 5.1 The Tenders will be valid for a period of 120 days from the date of its opening. 6. Earnest Money 6.1 The Tenderer shall deposit the amounts indicated in the Tender Notice as Earnest

Money Deposit (EMD)., In case of tender 3 lakh and above the Earnest Money shall be deposited in the form of Net Banking/any banks credit or debit card.

For tender below 3 lakh, Earnest Money shall be deposited in the form of a fixed deposit with the Corporation or a bank guarantee as per format indicated in Annexure 1. The failure to deposit the Earnest Money shall disqualify the Tender and the Corporation shall exclude from its consideration such disqualified Tender(s). No interest shall be payable by the Corporation in respect of such deposited Earnest Money.

The tenderer should refer user’s guide while depositing EMD though the e-tendering website www.nmmc.maharashtra.etenders.in

6.2 If the Corporation accepts the Tender, the Earnest Money shall be appropriated

towards Security Deposit payable by the Tenderer in accordance with the Conditions of Contract. Alternatively on payment of the required amount of the Security Deposit and the execution of the Contract Agreement, the Earnest Money shall be returned to the Tenderer.

7. Forfeiture of EMD 7.1 The Tenderer shall not revoke his Tender or vary its terms and conditions without

the consent of the Corporation during the validity period of Tender, failing which the Earnest Money deposited by it shall stand forfeited to the Corporation without prejudice to its other rights and remedies and the Tenderer shall be disentitled to submit a Tender to the Corporation for execution of any work during the next twenty-four (24) months effective from the date of such revocation.

7.2 If the successful Tenderer does not pay the Security Deposit in the prescribed time

limit or fails to sign the agreement bond, The Earnest Money Deposit will be forfeited by the Corporation.

8. Refund of Earnest Money 8.1 The Earnest Money of unsuccessful Tenderers shall be refunded after the

successful Tenderer furnishes the required Initial Security Deposit to the Corporation and signs the Contract Agreement or within thirty (30) days of the expiry of validity period of Tenders, whichever is earlier.

9. Cost of Tender

9.1 The Tenderer shall bear all costs associated with the preparation and submission of its Tender. Price of Blank Tender form must be paid by Net Banking /any banks credit or debit card.

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9.2 Tender Service Charges In case of tender 3 lakh and above the Tenderer shall bear all costs associated with tender services. The tender service is provided by M/s. SIFY Technologies ltd.-Nextenders India Pvt. Ltd. As per Govt. Rule No. DIT/file-2012/C.No. 273/39 dt. 19th January, 2013. Tenderer has to pay Rs. 882 + Taxes as tender service charges directly to the service providers. The Corporation shall in no case be responsible or liable for these costs, regardless of the conduct or the out come of the Tendering Process.

10. Eligible Tenderers 10.1 Only those Tenderers who fulfill the eligibility criteria as mentioned in Schedule A

of the Tender are eligible to submit their Tenders for this work. The documents indicated against each of the eligibility criteria shall be required to be submitted along with the technical bid to establish the eligibility of the Tenderer.

10.2 The Corporation shall usually hold a Tenderer eligible for the Tender subject to the

condition that the price tendered by him together with the value of outstanding work/ contracts under execution by him for the Corporation or any other employer shall not be more than four times the value of average annual turnover of works / contracts executed during the preceding three financial years ending 31st March.

11. Relationship with Corporator(s) 11.1 The Tenderer shall not be associated presently or in the past with any of the office

bearers of Corporators of Navi Mumbai Municipal Corporation, either directly or indirectly as specified in the section 10(f), (g) of BPMC Act. 1949. The Tenderer shall furnish an affidavit on a Non-Judicial stamp paper of Rs.100/- as per Annexure- 9. If any information so furnished shall be found to be untrue or false, the Tenderer shall be liable to be disqualified and the Earnest Money accompanying such Tender shall stand forfeited to the Corporation. If the Information so furnished shall be found to be untrue or false during the currency of the contract, the Tenderer shall be held to be in default and the Contract if any awarded to it shall be liable to be terminated with its consequences.

12. Inspection of Site and Sufficiency of Tender :- The Tenderer is expected to work out their own rates based on the detailed

description of items, the specifications, drawings and conditions and finally arrive at the cost of the Work/Service in the appropriate place. The Tenderer shall be deemed to have satisfied itself before tendering as to correctness and sufficiency of its Tender. The rates and prices quoted shall, except as otherwise provided, cover all its obligations under the contract and all matters and things necessary for proper completion and maintenance of the Works/Services.

Where necessary, before submitting its Commercial Bid the Tenderer should

inspect and examine the site and its surroundings and shall satisfy itself about form and nature of the Site, the quantities and nature of the Work/Service and materials necessary for the completion of the Works/Services, means of access to the site, the accommodation it may require, and in general, obtain all necessary

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information as to risk, contingencies and other circumstances which may influence or affect its Tender. No extra charges consequent on any misunderstanding or otherwise shall be allowed.

13. Manner of Submission of Tender

a. Tenders estimated cost below Rs. 3 lacs will be submitted in the Tender box kept at E-Tender cell, NMMC Head Office, ground floor, Plot No. 1, Govardhani Chowk, sec. 15A, CBD Belapur, Navi Mumbai 400 614. b.The tenders estimated cost Rs. 3 lacs & above shall be submitted online on www.nmmc.maharashtra.etenders.in

14. Last Date for Submission 14.1 For tender less than 3 lakh Sealed Tenders shall be received at the address

specified above not later than the time and date specified in the Tender Notice. In the event that the specified date for the submission of Tender is declared a holiday, the offers will be received up to the appoint\ted time on the next working day.

For tender above 3 lakh Online Tenders shall be upload at the web address specified above not later than the time and date specified in the Tender Notice. In the event that the specified date for the submission of Tender is declared a holiday, the offers will be received up to the appointed time on the next working day.

14.2 The Corporation may, as its discretion, extend this deadline for submission of

Tenders by amending the Tender Documents, in which case all rights and obligations of the Corporation and Tenderer will thereafter be subject to the deadline as extended.

14.3 Any Tender received by the Corporation after the deadline for submission of Tender prescribed by the Corporation, pursuant to the clause above, will be rejected and /or returned unopened to the Tenderer.

15. Modification and Withdrawal of Offers The Tenderer may modify or withdraw its Tender after its submission, provided

that a written notice of modification or withdrawal is received by the Corporation prior to the closing date and time prescribed for submission of Tender. No Tender can be modified by the Tenderer, subsequent to the closing date and time for submission of Tender.

16. Contents 16.1 Tenders are invited in two-envelope system. Both the envelope shall be placed in

another envelope. The name of Work/Service and Work No. mentioned in the Tender Notice and the full name and address of the Tenderer shall be clearly written in the bottom left corner of each envelope.

16.2 The two envelopes shall contain the following :

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Envelope No.1 (Technical Bid) : This should contain all the documents mentioned below. This Envelope may

contain other documents also such as special conditions of tenders, Technical bids, drawings, etc as mentioned in the Tender’s Schedule- A.

i) This should contain all the documents mentioned as below from ‘a’ to ‘n’. This envelope may contain other documents also such as Technical bids, drawings, any other as mentioned in the Tender notice.

a) List of all the documents enclosed in the envelope. b) The scan copy of Tender form fee receipt or Demand draft/Pay Order

(where it is downloaded from the official website) c) Undertaking in Annexure-2 duly signed by a person holding a valid

Power Of Attorney d) Power of Attorney authorizing the person to sign the Tender Document. e) For tender less than 3 Lakh, EMD in the form of Demand draft/ Pay

Order (as per clause 6.0 above). f) Attested copy of the valid registration certificate (as per eligibility

condition in Annexure ‘A’). g) Up-to-date valid Clearance Certificates for Income Tax, Sales Tax,

VAT, NMMC LBT registration/NOC, Service Tax. h) Details of firms in Annexure 3. i) Statement showing the type and magnitude of Work done in last 3

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

Annexure 6. k) List of Works tendered as on the date of submission of this tender. l) List of machinery and plant immediately available with the Tenderer for

use on this Work and list of machinery proposed to be utilised on this Work but not immediately available and the manner in which it is proposed to be procured in Annexure-7.

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

n) Affidavit on a Non-Judicial Stamp paper of Rs.100/- as per Annexure-9.

16.3 Envelope No.2 ( Financial Bid) : This envelope shall only contain the Commercial Bid in Schedule B only. The

Financial Bid should be written both in words and figures at appropriate places.

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17. Important Points to be noted by the Tenderer

a) On receipt of blank Tender form the Tenderer should ensure that no

corrections or over writings or erasures are left for attestation by the

competent authority of the Corporation.

b) The financial bid shall be inclusive of all taxes, Octroi, Local taxes, etc. to be paid by the Tenderer for the Work/Service and any claim for extra payment on any such account shall not be entertained.

c) No alterations or additions anywhere in the Tenderer Document are permitted . If any of these are found, the Tender may be summarily rejected.

d) In case of a firm, each partner or power of attorney holder shall sign the Tender and the signatures shall be attested as witness by a reputed person in the space provided for the purpose. The attested copies of power of attorney of person signing the Tender shall be enclosed with The Tender. The power of attorney shall be signed by all partners.

In case of Private limited /public limited companies, the power of attorney

shall be supported by Board Resolution and appropriate and adequate evidence in support of the same shall be provided.

e) All pages and pasted slips should be signed by the Tenderer. Corrections, if any, must be signed

f) No page shall be added or removed from the set of Tender Document. g) The Tenderer shall submit the Tender which satisfies each and every

condition laid down in this Tender Document, failing which the Tender will be liable to be rejected. Conditional Tenders will be rejected

18. Corrupt of Fraudulent Practices 18.1 The Corporation requires that the Tenderer under this Tender observe the highest

standards of ethics during the procurement and execution of such Contracts. In pursuance of this policy, the Corporation defines for the purposes of this provision, the terms set forth as follows : a) “Corrupt Practice” means the offering, giving, receiving or soliciting of any

thing of value to influence the action of the public official In the procurement

process or in contract execution; and

b) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or a execution of a contract to the detriment of the Corporation, and includes collusive practice among Tenderers (prior to or after Tender submission)designed to establish Contract Prices at artificial non-competitive levels and to deprive the Corporation of the benefits of the free and open competition.

18.2 The Corporation will reject a proposal for award if it determines that the Tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the Contract in question; The Corporation will deem a firm ineligible, either indefinitely or for a started period of time, to be awarded a Contract if at any time it determines that the firm has engaged in corrupt and fraudulent practices in competing for, or in executing, a Contract

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19. Manner of Opening of Tender For the work, amounting less than Rs. 3 lakhs, the Tender received before the

time and date specified in the Tender Notice will be opened as per the specified program in the office manually as mentioned in the Tender Notice (If Possible). The tenders will be opened in the presence of Tenderers or their authorised representatives who choose to remain present.

For the Work of Rs. 3 lakhs & above, tender will be open online in the presence of Higher Authority of Tender Committee and E-tendering Administrator.

20. Process to be Confidential Information relating to the examination, clarification, evaluation and comparison of

Tenders and the award of a Contract shall not be disclosed to Tenderers or any other person not officially concerned with such process until the award to the successful Tenderer has been announced.

21. Preliminary Scrutiny 21.1 The Corporation will scrutinize the Tender to determine whether they are

complete, whether any errors have been made, whether required technical documentation have been furnished, whether the documents have been properly signed, and whether the Tenders are generally in order. The Corporation will also determine the substantial responsiveness of. the Tender. For purpose of these clauses, a substantially responsive Tender is one that confirms to all the terms and conditions of the Tender Documents without material deviations. The Corporation’s determination of an Tender’s responsiveness is to be based on the contents of the Tender itself without recourse to extrinsic evidence.

21.2 A Tender determined as not substantially responsive will be rejected by the

Corporation and may not subsequently be made responsive by the Tenderer by correction of the non-conformity. The Corporation may waive any minor infirmity or irregularity in a Tender which does not constitute a material deviation. This shall be binding on all Tenderers and the Corporation reserves the right of such waivers.

22. Clarification of Offers To assist in the scrutiny, evaluation and comparison of Tenders, the Corporation

may, at its discretion, ask some or all Tenderer for technical clarification of their Tender. The request for such clarifications and the response shall be in writing. To speed up the Tender process, the Corporation, at its discretion, may ask for any technical clarification to be submitted by means of facsimile by the Tenderer. In such cases, original copy of the document describing the technical clarifications must be sent to the Corporation by means of courier/in person.

23. Opening of Financial Bids The Corporation shall notify the date of opening of the Financial Bids to all the

Tenderers. On such notified date, the Envelope No. 2 of only the technically qualifying Tenderers will be opened and the rates in Scheduled ‘B’ or percentage above / below the estimate shall then be read out.

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24. Acceptance of Tender 24.1 Acceptance of Tender on behalf of the Corporation shall be done by an officer(s)

to whom the powers are delegated by the Municipal Commissioner. The Corporation is not bound to accept the lowest or any Tender. The right to split up the Work/Service in two or more parts is reserved by the Corporation and also the right to award the Work/Service to more than one agency is reserved. The Corporation reserves the right to reject any or all Tenders received without assigning any reason whatsoever.

24.2 In case of rate contracts the Corporation would normally invite all the Tenderers

whose price bid is within 5% of the lowest bid to match the lowest bid, and parallel rate contracts will be entered into with all those who agree to match the bid.

25. Intimation to Successful Tenderers The acceptance of Tender may be communicated to the successful Tenderer in

writing or otherwise either by the Tender opening authority or any authority in the Corporation.

26. Security Deposit / Performance Security 26.1 Successful Tenderer shall pay a Security Deposit equal to the Amount indicated in

the Schedule A of the Detailed Tender Notice as security for due fulfillment of the contract, within seven (7) days after receipt of intimation in writing of acceptance of Tender.

26.2 The mode of making this deposit is as under.

a) Initial Security Deposit: It is optional to the Tenderer to make the initial Security Deposit in any one of

the following ways : i. wholly in cash; or ii. wholly in form of National Saving Certificate pledged in favour of the

Corporation or bank guarantees/fixed deposit from Nationalized/Scheduled Banks in the enclosed format or

iii. Partly in cash and partly in form of National Saving Certificate pledged in favour of the Corporation or Bank guarantees/fixed deposit from Nationalized/ Scheduled Banks in the enclosed format.

b) Retention Money :-

The remaining amount of the Security Deposit ( if applicable as per Schedule

A ) shall be recovered from the Tenderer’s running bills at the rate of five (5)

percent and such retention together with the Initial Security Deposit made as

aforesaid shall not exceed the total amount of security deposit maintained as

per the clause 26.1 after which such rentention will cease.

27. Execution of Contract Document

14


27.1 The successful Tenderer after furnishing the Initial Security Deposit, is required to execute an Agreement in duplicate in the form attached with the Tender Documents on a stamp paper of proper value. The proper value at present is Rs.100/- The Agreement should be signed within 15 days from the date of acceptance of the Tender. The Contract will be governed by the Contract Agreement, the Conditions of the Contract (CoC) and other documents as specified in the CoC.

27.2 It shall be incumbent on the successful Tenderer to pay stamp duty for the

Contract Agreement, as applicable on the date of the execution. 28. Licenses Wherever relevant, before commencing the Work/Service the successful Tenderer

shall be required to produce to the satisfaction, of the Corporation a valid Contract Labour License issued in its favour under the provision of the Contract Labour (Regulation and Abolition), Act 1970. On failure to do so, the acceptance of the Tender is liable to be withdrawn and also the Earnest Money is liable to be forfeited.

29. Rights of the Corporation 29.1 The Corporation reserves the right to suitably increase/ reduce the scope of work

put to this Tender. In case of a Rate Contract, the Corporation does not in any way guarantee the quantity for which an order may be placed and the Tender quantity may only be treated as indicative.

29.2 In case of any ambiguity in the interpretation of any of the clauses in Tender

Document or the Contract Document, interpretation of the Clauses by the Corporation shall be final and bindings on all Parties.

30. Notice to form Part of Contract Tender Notice and these instructions shall form part of the Contract.

15


Annexure –1 FORM OF BANK GUARANTEE BOND

BID SECURITY FORM (BSF) Whereas ________________________________________ (hereinafter called "the Tenderer") has submitted its tender offer dated ________2003 for the ____________________ (hereinafter called "the Tender") KNOW ALL MEN by these presents that WE________________________________of ________________________ (hereinafter called the Bank) are bound up to Navi Mumbai Municipal Corporation (hereinafter called "the Purchaser") for the sum of ____________________________ for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its succesors and asssigns by these presents. Sealed with the Common Seal of the Said Bank this ___________ day of ________ 20 THE CONDITIONS of this obligation are : 1. If the Tenderer withdraws its tender during the period of tender validity

specified by the tenderer on the Tender Form ; or 2. If the Tenderer, having been notified of the acceptance of its tender by the

purchaser during the period of tender validity :

(a) fails or refuses to execute the contract Form if required; or (b) fails or refuses to furnish the Performance Security, in accordance with

the instruction given in tender document;We undertake to pay the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including _________, 20__ and any demand in respect thereof should reach the Bank not later than the above date __________________________ (Signature of the Bank)

Signature of Tenderer Signature of Authorized Person

16


Annexure –2 UNDERTAKING OF TENDERER

(On a Rs. 100/- Stamp paper)

Having examined the tender documents including all the annexure, the receipt of which is hereby duly acknowledged, we, the undersigned, state that the specifications, conditions, etc of this Tender have been carefully studied and understood by me / us before submitting this Tender. I / We hereby declare that I / We have made myself / ourselves thoroughly conversant with the conditions of the tender and I / we have based my / our commercial bid for the Tender and offer to undertake the work / supply / deliver ________________________________ (Description of Work / Goods / Services) in conformity with the said tender documents. We agree to abide by this tender offer till __________ and shall remain binding upon us and may be accepted at any time before the expiration of that period. A demand draft No...............................Dated ...................... from the Nationalised/ Scheduled Bank at.......................................................... in respect of the sum of *Rs............................................................. is herewith forwarded representing the Earnest Money. I/ we agree that the amount of Earnest Money shall not bear interest and shall be liable to be forfeited to the Corporation, should I/we fail to (i) Abide by the stipulation to keep the offer open for the period of 120 days from the date fixed for opening the same and thereafter until it is withdrawn by me/ us by notice in writing duly addressed to the authority opening the Tenders. (ii) Security Deposit as specified in the time limit laid down in the Detailed Tender Notice. The amount of earnest money may be adjusted towards the security deposit or refunded to me /us if so desired by me/us in writing, unless the same or any part thereof has been forfeited as aforesaid. Should this Tender be accepted I/ we hereby agree to abide by and fulfill all the terms and provisions of the conditions of contract annexed hereto so far as applicable and in default thereof to forfeited and pay to NMMC the sums of money mentioned in the said conditions. If our tender offer is accepted we will deposit the specified amount as security deposit for the due performance of the Contract and during the warranty. I / We undertake to use only the best materials approved by the Municipal Commissioner of N.M.M.C. or his duly authorized representative, before starting the Work and to abide by his decision. Until a formal contract is prepared and executed, this tender offer, together with your written acceptance thereof and your notification of award, shall constitute a binding contract between us. We understand that you are not bond to accept the lowest or any offer you may receive. The information / documents submitted by us are true to our knowledge and if the information / documents so furnished shall be found to be untrue or false, the Tender shall be liable to be disqualified and our Earnest Money accompanying the Tender will be forfeited. Date the ...................... day of ......................... 20

Signature of Tenderer Address .........................................................................................

Signature of Witness Address .........................................................................................

Signature of Tenderer Signature of Authorized Person

17


Annexure –3 Details of Tenderers

1. Name of Tenderer

2. Address

3. Telephone

4 Fax

5. E – Mail

6. Details of Proprietor/Partners/Directors

Name Address Qualification and Experience

7. Financial Performance Turnover Profit Copy of Audited financial statements attached (Yes/No.)

Previous Financial year (Y-1)

2nd Previous Financial year (Y-2)

3rd Previous Financial year (Y-3)

8. Registration Details

9. Certification Details

10. Details of Black List & Litigation (if any)

11. Remarks

Details of Manufacturing unit. (Where Applicable)

1. Exact Location of Manufacturing facility 2. Products Produced 3. Manufacturing Capacity (Product –wise) 4. Details of ISO Certification obtained. (Copies to be attached.) 5. Actual Production / sales of quoted items during last two years 6. Brief Description of facilities for inspection, testing and quality

assurance.

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

Signature of Authorized person

Signature of Tenderer Signature of NMMC Official

18


Annexure –4 Manufacturer's Authorization Form (MAF)

No._____________ dated _________ To Municipal Commissioner Navi Mumbai Municipal Corporation Belapur, Navi Mumbai. Dear Sir, Tender Reference No. ____________ We ____________________________ who are established and reputable manufacturers

of _____________________ having factories at _________and ____________do hereby

authorize M/s.______________________________ (Name and address of Agent / Dealer)

to offer their negotiate and conclude the contract with you against the above invitation for

tender offer.

We hereby extend our full guarantee and warranty as per terms and conditions of the

tender and the contract for the goods and services offered against this invitation, for the

goods and services offered by the above Agent / Dealer. In case our above authorized

Agent / Dealer is unable to supply the goods and services during the period of the contract

to the satisfaction of the Municipal Corporation, we undertake to unilaterally fulfill the

contractual obligations of the said Dealer /Agent either directly or through another Dealer/

Agent.

Yours faithfully

(Name) for and on behalf of M/s. ____________ (Name of manufacturers)

Note: This letter of authority should be on the letterhead of the manufacturing concern

and should be signed by a competent person of the manufacturer.

19

Annexure –5 Details of Works of similar type and magnitude carried out by the Tenderer

(last 3 years) Name of the Tenderer:

Date of completion Sr. No.

Type of Work / Supply / service

Name & address of Customer

Value Date of starting Scheduled Actual

Remarks

1)

2)

3)

4)

5)

6)

7)

8)

9)

10)

11)

12) Date: _______ Place: _______

Signature of the Tenderer

20

Annexure –6 List of Work in Hand as on the date of submission of this Tender

Work In Hand

Sr. No.

Name of Order Name and Address of Customer

Tender Cost Cost of Remaining Work

Anticipated Date of Completion

Remark

1. 2. 3. 4. 5. 6. 7.

Date: _______ Place: _______


21

Annexure –7 List of relevant plant and machinery.

Sr. No.

Name of equipment No. of units Kind and make

Capacity Age & Conditions

Present Location

Remarks

A Immediately available

B Proposed to be procured

Date: _______ Place: _______


22

Annexure – 8 Details of Technical Personnel available with the Tenderer

Name of the Tenderer:

Sr. No.

Name of Staff Technical Qualification

Whether Working in field

or in office

Experience of execution of

similar Works

Period for which employed with the Tenderer

Remarks

1 2 3 4 5 6 7

Date: _______ Place: _______


23


Annexure 9 – Affidavit

13. (On a Rs. 100/- Stamp paper) I/We hereby state that we are aware of the provisions of section10 (1) 10 (f) and (g) of the BPMC Act, 1949, which are reproduced below, and solemnly state that we have no partnership with or any share with any Corporate of this Corporation in our company and are not associated presently or in the past with any of the office bearers or Corporator of the Navi Mumbai Municipal Corporation, either directly of indirectly.

Extract of Sec 10 of BPMC Act 10 (1) Subject to the Provisions of Section 13 and 404, a person shall be disqualified for being elected and for being a councilor. 10 (f) “Subject to the provisions of sub-section (2), has directly or indirectly, by himself or his partner any share or interest in any Contract or employment with, by or on behalf of the Corporation”. 10 (g) “Having been elected a councilor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the Corporation or the Commissioner or the Transport Manager is interested or concerned”.

We are aware that the above information if found to be untrue or false, we shall be liable to be disqualified and the Earnest Money accompanying the Tender shall stand forfeited to the Corporation. We are also aware that if the information produced above is found to be untrue or false during the currency of the Contract, we shall be held to be in default and the Contract, if any awarded to us, shall be terminated with all its concurrences. Tenderer ..............................................................

Address ...............................................................

..................................................................

Date the .................. day of ................... 20 Signature of Tenderer

Witness ................................................................

Address ...............................................................

..................................................................

Date the .................. day of ................... 20 Signature of Witness

24


Annexure –10 FORM OF BANK GUARANTEE BOND

(For Performance Guarantee) 1 In consideration of the Navi Mumbai Municipal Corporation (hereinafter called ‘NMMC’) having agreed to exempt _____________________________________ (hereinafter called “the said Operator / Contractor/ Tenderer / Supplier (s)’) from the demand under the terms and conditions of an Agreement dated _______________________________for __________________________________ (hereinafter called “the said Agreement”) of security deposit for the due fulfillment by the said Tenderer as per the terms and conditions contained in the said Agreement, and on production of a Bank Guarantee for Rs. ________________ (Rupees ___________________________________Only) we, _(indicate the name of bank)____________ (hereinafter referred to as ‘the bank’) at the request of ______________________________ the Operator / Contractor/ Tenderer / Supplier (s) do hereby undertake to pay the NMMC an amount not exceeding Rs. _____________________________ against any loss or demand caused to or suffered or would be caused to or suffered by the NMMC by reason of any breach by the said Operator / Contractor/ Tenderer / Supplier (s) of any of the terms or conditions contained in the said Agreement. 2. The Bank do hereby undertakes to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the NMMC stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the NMMC by reason of breach by the said Operator / Contractor/ Tenderer / Supplier (s) of any of the terms or conditions contained in the said Agreement or by reasons of the Operator / Contractor/ Tenderer / Supplier (s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs __________ (Rs _________in words). 3. We, undertake to pay to the NMMC any money so demanded not with standing any dispute or disputes raised by the Operator / Contractor/ Tenderer / Supplier (s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Operator / Contractor/ Tenderer / Supplier (s) shall have no claim against us for making such payment.

4. We, (indicate the name of Bank)____________________________ further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the NMMC under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the Municipal Commissioner of NMMC certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Operator / Contractor/ Tenderer / Supplier (s) and accordingly of the said Agreement have been fully and properly carried out by the said Operator / Contractor/ Tenderer / Supplier (s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the ..................we shall be discharged from all liability under this guarantee thereafter. 5. We, (indicate the name of Bank)___________________________further agree with the NMMC that NMMC shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time to performance by the said Operator / Contractor/ Tenderer / Supplier (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the NMMC against the said Operator / Contractor/ Tenderer / Supplier (s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Operator / Contractor/ Tenderer / Supplier (s) or for any forbearance, act or commission on the part of the NMMC or any indulgence by the NMMC to the said Operator / Contractor/ Tenderer / Supplier (s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Operator / Contractor/ Tenderer / Supplier (s). 7. We, (indicate the name of Bank).................................... lastly undertake not to revoke this guarantee during its currency except with the previous consent of the NMMC in writing. Dated the .............. day of ............20 For ................................................... (indicate the name of bank)

Signature of Tenderer No. of Correction Signature of NMMC Officer

25



Scope of work

NAME OF WORK: PROVIDING STREET LIGHT NEAR DR. BABASAHEB AMBEDKAR MEMORIAL SEC 15 AIROLI

26


SCOPE OF WORK - PROVIDING STREET LIGHT NEAR DR. BABASAHEB AMBEDKAR MEMORIAL SEC 15 AIROLI

The work under this contract in general is

1) The work shall be carried out in accordance with the prevailing Indian

Electricity rule & acts by employing requisite no. of qualified, experienced &

Licensed manpower.

2) Agency is required to do survey of Particular Area before quoting tender &

has to give justification & explanation & rate analysis for rate quoted.

3) Agency has to execute work as per the instruction of Engineers in charge.

4) Agency shall installed brand new material approved by NMMC under

supervision of Engineer-In-Charge strictly.

5) Electrocution to any human being or animal will be sole responsibility of

agency. In such case Agency’s license will be recommended for cancellation

to respective department.

6) Agency has to do lisioning with MSEDCL for power supply arrangement.

7) Agency Should provide the specified material for said work of following

makes.

8) Defect liability period for the work will be one year FROM date of

completion.

9) LED Fitting specification

SR No.

Types of Test/Specification Test Method

1 High Bright White Power LEDs Shall be used in the luminaries and the wattage of these LEDs Shall be >1W and >3W. LED technical datasheet for the LED source intended for supply of the project including packaging details to be submitted. *LED chip manufacturer to provide an authorization letter in favor of bidder stating their supply of support for execution of the project. However bidder shall supplement test report for technical performance as per the RFP. LM-80 test reports should have an accreditation of ILAC/MRA/KOLAS/EPA International Certifying Agencies. *To submit LED chip manufacturer’s credentials viz proof supplies made toIndian Lighting Companies and recommendations from lighting manufacturers along with the technical bid. *LED Chip Package vendor should have an active marketing office in Indiafor at least last 2 years. Proof should be provided for the same. The chip manufacturer should also hold the patent for the Chip offered or hold written permission/Cross-License from the original manufacture/designer ofthe Chip for manufacturing the offered design.

Specify Make

2 Manufacturer shall submit proof of procurement of LED and LM-80 Test reports of specific LED used in the proposed Luminaries.(No other chip details to be offered.)

LM-80/IS16105 test report including technical data sheet of LED Chip from

Sr.no. Item Make 1 120 W LED Fitting Philips /Sysca/Schreder/ GE/ Bajaj

2 Cable Polycab /Asian/Finolex /Vishal

3 Terminal Box ELM

4 Octagonal pole Bajaj

27


ILAC/MRA/KOLAS/NVLAP/EPA International Certifying Agencies.

3 Life span of LEDs used in the Luminaries shall be more than 50,000 hours at 70% light output and 85C (Manufacturer shall submit the proof – L70 & TM 21 Test Report)

4 Color rendering index (CRI) of the LEDs used in the luminaries shall be greater than 70

5 LED chip efficacy shall be more than 135 Lumens/Watt at TJ85 C (Manufacturer shall the proof – LED Technical Data Sheet to e submitted)

6 Junction Temperature (TJ) should be less than value at which LM80 (IS161050 DATA PUBLISED)

Confirm Third Temperature Should be >105C

7 Manufacturer shall submit the Photo Biological Safety Report for the LEDsas per IEC 62471 and assessment of blue light as per IEC/TR 62778 –Ed 1.0

IEC 62471 & IEC/TR 62778 – Ed. 1.0 Test Report

8 Color temperature of the luminaries shall be in the range of 5000K & 5700K color bins as per ANSI.

9 The distribution of luminaries illumination (Control of Distribution) Shall be based on type of road as per BIS standard IS 1944 refer table from NLC for road category.

LM 79/IS 16106-2012 from NABL 9 Certified TPL

10 Power Factor >0.95 11 System Efficacy (Lumen/Watt) Shall be >85 lumen/watt

system lumen output supported by LM 79 report shall be submitted

12 CRI of Luminaries >70 13 The Luminaries Light output (lumen) shall be constant. The Voltage range

shall not impinge upon the lumen it produces. Maximum-/-2% is allowed throughout in the input operating voltage range.

14 Operating Voltage 140 V to 270V universalelectronic driver with internal surge protectionof 4 KV (Applicability IS 15885, Driver Safety 161049-/2)

15 Total Harmonic Distortion <10% THD – Test Method IEC:610003-2

16 LEDs shall be operated at a current less than 60% of its rated maximum forward current and should have LM80 approval on this current rating. Bidders to declare what current they intend to drive their LED Chip at and Should Submit LM80 TM21 data at that current.

17 LED Drive Current

>=350 mA >1000mA Bidder should declare what current they want to drive LED

18 LED Driver Efficiency > 85% 19 Luminaries Body Temp Should not exceeds 30 deg.C after 24 hrs. NABL

report to be submitted. The Solder Point Temperature, after 24 hours of continuous operation, shall remain stable and within the junction temperature (after adding the typical thermal resistance temperature rise from TSP to TJ Point) Which has been accepted to Project life of above 50000 hours for chip as per LM80-TM21 and Products Data sheet. IN Addition, Thermal Test

28


Report as per ANSI/UL 1598-2012 third editionsfor offered housing has to be Provided by Successful bidder beforestart of Supplies.

20 Heat dissipation / Heat Sink Well-designed thermal management System with defined heat sink.

21 The Luminaries housing shall be made up of corrosion free High Pressure Aluminum die cast thus conforming the luminaries to minimum IP-65 for Luminaries at 60 W or below/IP-66 for Wattage above 60W protection and safety as per IEC 60598/IS 10322 (NABL accredited lab report supporting the same shall be furnished at the time of supply.) Necessary Guarantee & Warranty certificate must be submitted at the time of bid submission. (Onlysingle housing fixtures allowed.)

22

The Luminaries shall be equipped with distortion free, clear, heat resistant, toughened, UV stabilized glass/poly-carbonate cover in the front fixed to the die cast aluminum frame which shall be fixed to the housing by means of stainless steel screws.

23 The luminaries shall be built in such a way that I can withstand wind speed of 150kmph, NABL accredited lab report supporting the same shall be furnished by the manufacturer. (Impact resistance>=IK07)

TPL NABL Accredited Lab as per IS:10322 Par5 Sec-3 /IEC:60598-2-3

Whether all the LED street Lights Manufactured by You complies withthe following Technical Specifications.

24 Cover/Glass with lens or IP66 Lenses which also serve as glass cover. Luminaries without Lens are not accepted for any wattage

IP66 Fixture cover – VU stabilized Polycarbonate/ toughened glass or equivalent will be accepted for the Luminaries with Lens. For bidders offering IP66 Lens which also serv as sealed. Covers, bidder to declaearthat they are not using Silicon Lenses and Material used in lens is UV Stabilized and inert to deposits from vehicular emissions like Benzene, T.E.L, PAH Bidder also todeclare that the lens-cum-cover is impact resistance >K07

25 Frequency 50Hz +/- 3% 26 Operating Temperature Range -10C to +50C As per IS:10322 Part-5

Sec-3 Sample will be tested at Ambient Temperature 10 Deg. C Hence 60Deg. C in this Case

27 Protection IP65 Up to 60W and IP66 for wattage above 60W Internal Surge protection 4KV IEC61000-4-5

28 Working Humidity 10% to 90% RH 29 Test Report IS 10322 Part 5 Sec-3 Standards and

Following test reports should be submitted Heat Resistance Test, Thermal Test, Ingress Protection Test, Drop Test Electrical/InsulationResistance Test Humidity Test Photometry Test (LM79 report) Vibration Test..

IS10322 Part 5 Sec-3 /IEC : 6059

30 Third Party Endorsement / Certification

LM80 (IS16106) NABL Acc. Lab Certificate for LED And LM79 (IS16106) IEC60598/IS10322 for LED Luminaries

31 Finish Aesthetically designed housing with

29


Sliver grey color corrosion resistance polyester powder coating

32 Luminaries Configuration / Technical Requirement

Side Entry Type Shall consist of serrate optical and control gear compartments. It Should be easily replaceable in the field condition.

33 Compliance ROHS/CE/ERTL/ERDI 34 Surge Protection External Surge protection (SPD with

Thermal Protection) of minimum 20KV/10KA to be separately installed within

As per ANSI C 136 2-2014/UL-1449 Type 4

35 Dimmable Micro control based adjustable programmer timer (Dim stable driver) to automatically switch LED luminaries power to 50% after 6 hrs of switching “ON” the lights for only 100W 120W 135W 180W 200W 220W Luminaries

36 Warranty Period for LED Fixture Warranty Period for LED Fixture (Module+Driver+IP protection) will be minimum 5 years from the date of Supplying/Installation. The warranty covers LED module Driverunit and mechanical strength of housing for these 5 years

30


LED Street Light Requirment BIS

Input Operating Voltage(VAC)

150‐300 140‐270

A Input Parameters

Input Voltage(UN)VAC 240

Input Operating Voltage

VAC 130~300

16103(Part‐2)

Frequnecy(Hz) 50 15885(Part‐1)

Input Power Factor (P.F) >0.95 >0.9 16103(Part‐2)

Harmonic Distoration VTHD >2% ATHD 15%

14700(Part‐3/Sec‐2)

Inrush Current Protection

Yes

Over Voltage Cutoff >300V

Surge Protection (KV)

inout >4KV

4 IEC 6100‐4‐5

B Output Parameters

Output ShortCircut

Protection Yes

Over Current Protection Yes Thermal Protection Yes C System & LED

System Efficiency

(Lm/W) >90 16103 part2

D Power Supply Power Supply Efficiency >90% E MCPCB

MCPBC Thermal Conductivity

>2.5 HIGHER FORWARD CURRENT MORE HEAT GENRATED TO HAVE TJ(JUN TEMP BELOW 85DEG

Thermal Paste

Conductivity (Pb FREE) >2.5 HIGHER FORWARD CURRENT MORE HEAT GENRATED TO HAVE

TJ(JUN TEMP BELOW 85DEG

ROHS Comliance RESISTANCE TO HAZARDOUS

SUBSTANCE

Fixture Material LMG FOR BETTER THERMAL BEST MATERIAL FOR LED LIGHTING

Fixture Type PDC Pipe Diameter 60mm

LM 79 for SSL Fixture IES

LM‐79‐2008. NABL IESLM 79 ‐2008

LM 80for LED Manufacturer IS 16105‐2052 IP 65 NABL IS 13022

Environmantal 40 Deg to +55Degree

31


10) Specifications

L.T. XLPE ARMOURED CABLES

1.0 Codes and Standards : 1.1 The design, manufacture, testing and supply of the cables under this

specification shall comply with the latest revisions including amendments of the following standards.

IS : 7098-I- XLPE insulated heavy duty cables for working voltages

upto 1100 Volts. IS : 3961-II- Recommended current ratings for cables. IS : 8130 - Conductors for insulated cables. IS : 5831 - XLPE Insulation and outer sheath of electric cables. IS : 7098-I- Test Procedures for cables. IS : 10418 - Specification for drums for electric cables IS : 3975 - Mild steel wire, strips, and tapes for armouring of

cables. 2.0 Technical Requirements : 2.1 All XLPE Aluminium/Copper Power cables shall be 1100 Volts grade,

multi core constructed as per IS : 7098 Part-I of 1988 as follows : a) Stranded Aluminium /Copper conductor in case of 10 sq.mm. and

above and solid conductor in case of 10 sq.mm. and below. b) All Aluminium/Copper XLPE cables insulation shall be of high grade

Cross-linked Polyethylene from insulation for extrusion process. c) Cores laid up d) The inner sheath should be bonded over with thermo-plastic material

for protection against mechanical and electrical damage. e) Armoring should be provided over the inner sheath to guard against

mechanical damage. Armouring should be Galvanised steel wires or galvanised steel strips.

(In single core cables used in A.C. system armouring should be non-

magnetic hard aluminium Wires/Strips. Round steel wires should be used where diameter over the inner sheath does not exceed 13 mm; above 13 mm flat steel armour should be used. Round wire of different sizes should be provided against specific request.)

f) The outer sheath should be specially formulated heat resistant black

PVC compound conforming to the requirement of type ST2 of IS : 5831-1984 extruded to form the outer sheath.

2.2 Conductor shall be of electrolytic Aluminium/Copper conforming to IS

: 8130 and are compact circular or compact shaped. 2.3 Insulation shall be of XLPE type as per latest IS general purpose

insulation for maximum rated conductor temperature 70 degree centigrade.

2.4 In Inner sheath laid up cores shall be bonded over with thermoplastic

material for protection against mechanical and electrical damage. 2.5 Insulation, inner sheath and outer sheath shall be applied by extrusion

and lapping up process only. 2.6 Armouring shall be of galvanised steel wire/flat. 2.7 Repaired cables shall not be used. 2.8 Current ratings of the cables shall be as per IS : 3961.

32


2.9.1 The XLPE insulated cables shall conform to latest revision IS read

along with this specifications. The Conductor shall be stranded Aluminium/Copper circular/ sector shaped and compacted. In multi core cables the core shall be identified by red, yellow, blue and black coloring of insulation.

2.9.2 The XLPE insulated 1100 Volts grade power cables shall conform to latest

IS and shall be suitable for a steady conductor temperature of 70 degree centigrade. The conductor shall be stranded Aluminium/Copper as called for in the Schedule of quantities. The outer sheath shall be as per the requirement of type ST-2 of IS:5831 of 1984.

2.10.1 The cables shall be suitable for laying in racks, ducts, trenches, conduits

and underground buried installation with uncontrolled back fill and chances of flooding by water.

2.10.2 Progressive automatic in line sequential marking of the length of cables

in meters at every one meter shall be provided on the outer sheath of all cables.

2.10.3 Cables shall be supplied in non returnable wooden drums as per IS :

10418. Both ends of the cables shall be properly sealed with PVC/Rubber caps

so as to eliminate ingress of water during transportation, storage and erection.

3.0 Tests and Test Reports : Cables shall be subjected to type tests, acceptance tests and routine

tests as per 7098 Part - I . The Owner reserves the right to witness any or all the tests for which at least 20 days advance notice shall be given by the contractor. Six (6) copies of all test reports shall be submitted for approval by owner before dispatch of the materials from works.

4.0 Drawings and Data : The Contractor shall furnish technical particulars of cables, type, make

and catalogue for the approval by Owner. 5.0 The product should be coded as per IS :- 7098 Part-I and the codes

should be as follows :- Aluminium Conductor A XLPE Insulation 2X Steel round wire armour W Steel strip armour F Steel Double round wire armour WW Steel Double strip armour FF Non-magnetic (Al.) round wire armour Wa Non-magnetic (Al.) strip armour Fa PVC outer sheath Y Trench: Making trench in soft soil, Hard Murum, Concrete Road, Tar Road, Interlock Surface of suitable width & 0.9 mtr. deep & laying provided L.T. cable & refilling the same thick to embed the cable & making the surface proper as per original Conditions. Earthing: Pipe type earthing with 40 mm. dia. 2.5 mtr. long G.I. pipe or 20 mm dia. G.I. Rod buried/driven in earth with necessary double G.I. earth wire No. 8 SWG complete erected and connected to nearest switchgears/ earth terminal & upto earthing nut provided at terminal Box. (NOTE: Length of G.I. pipe & G.I.wire more than 8 Mtrs. to be provided separately.

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Terminal Box Supplying & erecting FRP box of size 300 mm x 200 mm x 125 mm, 2.7mm thick permanent gray colour with 10 Amps 250 Volts MCB and top with bakelite connector strip 4 way having locking arrangement with lock and key with arrangements for incoming and outgoing cables at the bottom of the box and outgoing wire leads at the rear side provided with necessary fixing arrangements for the erection on the poles with suitable size clamps (2 Nos)provided with nuts, bolts and washers etc. complete. Glands: Heavy duty flange type brass cable gland for all core PVC armoured cable with brass washers, rubber rings complete erected with cable ends and leads connected Lugs: Crimping type copper lugs conformingto I.S. suitable for all size cable evenly crimped with high pressure tool & connected to switchgear terminal with brass/cadium plated nut bolts in an approved manner. RCC PIPE: Supplying & laying (including excavation) RCC Hume pipe with coupling collar of standard thickness at required depth upto 90 cm below road/ground surface, for enclosing provided cable & necessary back filling with light ramming to make the road/ground surface as it was (Except bitumen carpet.) Submission of Reports.

1. Agency shall submit layout drawing as well as single line diagram of executed

work to Engineer-In-Charge.

Man Power.

1) Agency has to provide qualified, experience & license holder man power for

execution of the work.

2) All manpower shall be equipped with required tools & tackles and safety

devices to prevent any abnormal event.

3) Agency is required to abide the Govt. Rule and regulation for their labour

payment and other facilities

4) Any accident to worker, animal, Public and property will be sole

responsibility of the contractor and any claims arising out of the such cases

will be entirely on the contractors account.

5) NMMC’s General Conditions of the contract shall apply to Agency as and

when required & NMMC's decision in that case will be final & binding on the

agency.

Penalties

1) If agency fail to complete the work, remaining work will be get execute

through other agency on contractor’s risk and cost with 24.5%

supervision charges.

Executive Engineer(Elect.-2) Navi Mumbai Municipal Corporation

34



SCHEDULE B

PROVIDING STREET LIGHT NEAR DR. BABASAHEB AMBEDKAR MEMORIAL SEC 15 AIROLI

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NAME OF WORK: PROVIDING STREET LIGHT NEAR DR. BABASAHEB AMBEDKAR MEMORIAL SEC 15 AIROLI

Tender Notice No. NMMC/EE(E)/21(1)/2017– 2018

S C H E D U L E ‘B’

Item No

Description of Item Qty Rate in Rs.

Amount in Rs.

1 Supplying, erecting & terminating PVC armoured cable 4 core 16 sq mm aluminium conductor with continuous 5.48 sq mm (12 SWG) G.I. earth wire complete erected with glands & lugs, on wall/ trusses/pole or laid in provided trench/ pipe as per specification no. CB-LT/AL

1080.00 Meters 195.00 210600.00

2 Supplying and erecting Street light bracket for erection of Single fitting made from 40 mm. dia ‘B’ class G.I. pipe 1.0 m in length along with pole cap of 300 mm length 100 mm dia duly welded as per specification no. FG-BKT/BPC

27.00 Numbers 719.00 19413.00

3 S & E of suitable size of GI RING BRACKET for 6/9/11/13 mtr. Pole 5.00 Numbers 2470.00 12350.00

4 Supplying & erecting internal junction box big GRP suitable for providing MCB HRC Fuse for conical square GRP Poles for pole above 6 mtrs in height as per specification No.OHPLGRP

1.00 Numbers 8825.00 8825.00

5 Providing pipe type earthing with 40mm. dia. G.l. pipe or 20 mm dia. G.l. Rod complete with all materials as per specification No. EA-EP

27.00 Numbers 1536.00 41472.00

6 Supplying & erecting FRP box of size 300mm x 200mm x 125 mm, 2.7 mm thick complete on pole as per specification No. CB-SB

27.00 Numbers 649.00 17523.00

7 Making the trench in Hard murum/Tar road of suitable width and depth as per IS for laying provided L.T cable up to 10 sq.mm.complete. As per specification No. CW-EXN-CTR

1051.00 Meters 153.00 160803.00

8 Supplying and erecting LED Flood light fitting of 120W including lamp with PF > 0.95 class IP 65 and above class IP 65 and above Housing of pressure die cast alluminium alloy and heat sink extruded alluminium complete per specification No FG ODF FL

18.00 Numbers 19538.00 351684.00

9 Supplying and erecting LED street light fitting 120 W, including lamp, with PF > 0.95 class IP 65 and above Housing of pressure die cast alluminium alloy and heat sink extruded alluminium complete per specification No FG-ODF/FLS-2.

27.00 Numbers 17747.00 479169.00

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10 Providing & erecting 7 m high (clear height) galvanised OCTAGONAL pole with foundation bolts having bottom of 130 mm A/F, top 70 mm A/F on provided foundation as per specification No.OHPL/ OPL

27.00 Numbers 13044.00 352188.00

11

Providing & casting of M- 20 grade reinforced cement concrete (RCC) foundation suitable for 6m to 8m high octagonal /conical G.I. pole considering the safe soil bearing capacity at site as 10 T/sq m at 1.5 m depth including supply of steel, concrete, excavation and fixing provided nut bolts with the help of template as per design in an approved manner

27.00 Numbers 6019.00 162513.00

12 Supplying, erecting & terminating PVC armoured cable 3½ core 35 sq mm aluminium conductor with continuous 5.48 sq mm (12 SWG) G.I. earth wire complete erected with glands & lugs, on wall/ trusses/pole or laid in provided trench/ pipe as per specification no. CB-LT/AL

182.00 Meters 274.00 49868.00

13 Supplying and laying including excavation 50 mm outside dia double wall corrugated pipes DWC)of HDPE for enclosing cable below ground and road surface to required depth complete

110.00 Meters 184.00 20240.00

Total 1886648.00

Contractors Quoted Percentage (+ / -) -

(In Word : _________________________________________________)

Quoted Amount Rs. -

(In Word : _________________________________________________)

Signature of Contractor Executive Engineer(Elect.-2)


GENERAL CONDITIONS OF CONTRACT PART - I INTERPRETATIONS AND DEFINIT IONS 1 S ingu lar and

P lura l . Where the contex t so requ i res , words impor t ing the s ingu la r sha l l a lso mean the p lu ra l and v ice versa .

2 . Gender Words impor t ing the mascu l ine gender sha l l a lso inc lude the femin ine gender .

3 . Def in i t ions (a ) ‘Corpora t ion ’ sha l l mean Nav i Mumbai Mun ic ipa l Corpora t ion as incorpora ted under the BPMC Act , 1949.

(b ) The ‘Munic ipa l Commiss ioner ’ sha l l mean the

Mun ic ipa l Commiss ioner o f the Corpora t ion , fo r the t ime be ing ho ld ing tha t o f f i ce and a lso h is successor and sha l l inc lude any o f f i cer au thor ized by h im.

(c ) The ‘Eng ineer ’ sha l l mean the C i ty Eng ineer

appo in ted fo r the t ime be ing or any o ther o f f i cer or o f f i cers o f the Corpora t ion who may be au thor ized by the Commiss ioner to car ry ou t the func t ions o f the Eng ineer .

(d ) ‘Eng ineer ’s Representa t ive ’ sha l l mean Execut ive

Eng ineer / Deputy Eng ineer / Sec t iona l Eng ineer /Jun ior Eng ineer o r any o ther mun ic ipa l employee or employees appo in ted f rom t ime to t ime by the ‘Eng ineer ’ to per form the du t ies se t fo r th in C lause No.66 hereof and genera l l y to ass is t the Eng ineer fo r the purpose o f the cont rac t and whose au thor i ty sha l l be no t i f ied in wr i t ing to the cont rac tor by the Eng ineer .

(e ) The ‘Cont rac t ’ sha l l mean the tender and

acceptance thereo f and the fo rmal agreement i f any , executed be tween the Cont rac tor , and the Corpora t ion together w i th the documents re fer red to there in inc lud ing these cond i t ions and append ices and any spec ia l cond i t ions , the spec i f i ca t ions , des igns , d rawings , p r ice schedu les , b i l l s o f quant i t ies and schedu le o f ra tes . A l l these documents taken together sha l l be deemed to form one Cont rac t and sha l l be complementary to one another .

The order o f p recedence in case o f d isc repanc ies sha l l be as under ,

1 . Cont rac t Agreements . 2 . The le t te r o f Acceptance. 3 . Not ice inv i t ing Tender & Ins t ruc t ions to Tenderer . 4 . Spec ia l Cond i t ions o f Cont rac t . 5 . The Genera l Cond i t ions o f Cont rac t . 6 . Schedu le o f Rates & Quant i t ies . 7 . The Technica l spec i f i ca t ions . 8 . The Drawings 9 . Schedu les & Annexure . ( f ) The ‘Cont rac tor ’ sha l l mean the ind iv idua l o r f i rm

or company whether incorpora ted or no t , under tak ing the Works and sha l l inc lude lega l representa t ives o f such ind iv idua l o r persons compos ing such f i rm or un incorpora ted company or successors o f such f i rm or company as the case may be and permi t ted ass igns o f such ind iv idua l o r f i rm or company.

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(g ) ‘Cont rac t sum’ means the sum named in the le t te r

o f acceptance inc lud ing phys ica l con t ingenc ies sub jec t to such add i t ion there to o r deduc t ion there-f rom as may be made under the prov is ions here ina f te r conta ined.

Note : The cont rac t sum sha l l inc lude the fo l low ing : - 1 . (a ) In the case o f percentage ra te cont rac ts , the

es t imated va lue o f Works as ment ioned in the tender ad jus ted by the Cont rac tor 's percentage.

(b ) In the case o f i tem ra te cont rac ts , the cos t o f the Work ar r i ved a t a f te r ex tens ion o f the quant i t ies shown in schedule o f i tems/ quant i t ies by the i tem ra tes quoted by the tenderer fo r var ious i tems and summat ion o f the ex tended cos t o f each i tem. (c ) In case o f lump sum cont rac t , the sum for wh ich tender is accepted.

2 . Spec ia l d iscount / Rebate / Trade d iscount o f fe red by the tenderer i f any and accepted by the Corpora t ion . 3 . Add i t ions or de le t ions tha t are accepted a f te r opening of the tenders. 4 . Phys ica l cont ingenc ies , i f any an accepted by the Corporat ion .

(h ) ‘Excepted r i sks ’ are r i sks due to r io ts (o therw ise than among Cont rac tors ’ employees) and c iv i l commot ion ( in so fa r as bo th these are un insurab le ) , war (whether dec la red or no t ) , invas ion , ac t o f fo re ign enemies , hos t i l i t i es , c iv i l war , rebe l l ion , revo lu t ion , insur rec t ion , mi l i ta ry o r usurped power , any ac t o f government , damage f rom a i rc ra f t , ac ts o f god, such as ear thquake, l igh tn ing and unprecedented f loods and o ther causes over wh ich the Contrac to r has no cont ro l and accepted as such by the Commiss ioner .

( i ) The ‘S i te ’ mean the land and o ther p laces , more

spec i f i ca l ly ment ioned in the spec ia l cond i t ions o f the tender , on , under , in o r th rough wh ich the Works or temporary Works are to be executed and any o ther lands and p laces prov ided by the Corpora t ion fo r work ing space or any o ther purpose as may be spec i f i ca l l y des ignated in the cont rac t as fo rming par t o f the s i te .

( j ) ‘Urgent Works ’ sha l l mean any measures wh ich in

the op in ion o f the Eng ineer become necessary dur ing the progress o f the Work to obv ia te any r i sk o f acc ident o r fa i lu re o r wh ich become necessary fo r secur i ty .

(k ) The ‘Works ’ sha l l mean the tasks to be executed in

accordance w i th the cont rac t o r par t (s ) thereo f , as the case may be , and sha l l inc lude a l l ex t ra o r add i t iona l , a l te red or subs t i tu ted Works as requ i red fo r per formance o f the cont rac t .

( l ) ‘Cons t ruc t ion P lan t ’ sha l l mean a l l app l iances or

th ings o f whatever na ture requ i red in o r about the execut ion , comple t ion or ma in tenance o f the Works

39

or temporary Works (as here in a f te r def ined) bu t sha l l no t inc lude mater ia ls or o ther th ings in tended to fo rm or fo rming par t o f the Works .

(m) ‘Temporary Works ’ sha l l mean a l l temporary tasks

o f every k ind requ i red in or about execut ion , comple t ion or ma in tenance o f the Work .

(n ) ‘Drawing ’ sha l l mean the drawings re fer red to in

the spec i f i ca t ion and any mod i f i ca t ion o f such drawings approved in wr i t ing by the Eng ineer and such drawings as may f rom t ime to t ime be fu rn ished or approved in wr i t ing by the Eng ineer .

(o ) ‘Approved ’ sha l l mean approved in wr i t ing

inc lud ing subsequent conf i rmat ion o f p rev ious verba l approva l and “Approva l ” sha l l mean approva l in wr i t ing inc lud ing as a fo resa id .

(p ) ‘Spec i f i ca t ion ’ means the spec i f i ca t ion re fe r red to

in the tender and any mod i f i ca t ion thereof o r add i t ion or deduct ion there to as may f rom t ime to t ime be fu rn ished or approved in wr i t ing by the Eng ineer .

(q ) “Tender ” means the Cont rac tor ’s pr iced o f fe r to the

Corpora t ion fo r the execut ion and comple t ion o f the Works and the remedy ing o f any de fec ts there in in accordance w i th the prov is ion o f the Cont rac t , as accepted by the Le t te r o f Acceptance.

( r ) ‘Le t te r o f Acceptance ’ means the fo rmal

acceptance by the Corpora t ion .

(s ) ‘Commencement Date ’ means the da te upon wh ich the Cont rac to r rece ives the no t ice to commence the work issued by the Eng ineer pursuant to C lause 80.

( t ) ‘T ime fo r Comple t ion ’ means the t ime fo r

comple t ing the execut ion o f and pass ing the Tes ts on Complet ion o f the Works or any Sect ion or par t thereof as s ta ted in the Cont rac t (o r as ex tended under C lause 83 ca lcu la ted f rom the Commencement Date .

(u ) The ‘Annexure ’ re fer red to in these cond i t ions sha l l

means the re levant annexure appended to the tender papers issued by the Corpora t ion .

PART – I I INSTRUCTIONS TO CONTRACTOR

4. Scope o f Work

The Work to be car r ied ou t under the Cont rac t sha l l , except as o therw ise prov ided in these cond i t ions , inc lude a l l labour , mater ia ls , too ls , p lan t , equ ipment and t ranspor t wh ich may be requ i red in p repara t ion o f and fo r and in the fu l l and en t i re Execut ion and comple t ion o f the Works . The descr ip t ions g iven in the schedu le o f Works / i tems / quant i t ies , and the B i l l s o f Quant i t ies sha l l , un less o therw ise s ta ted , be he ld to inc lude waste on mater ia ls , car r iage and car tage, car ry ing in , re tu rn o f empt ies , ho is t ing , se t t ing , f i t t ing and f i x ing in pos i t ion and a l l o ther labour necessary in and fo r the fu l l and en t i re execut ion and comple t ion as a fo resa id in accordance w i th good prac t ice and recogn ized pr inc ip les .

5 . Cor rup t o r Fraudu len t Prac t ices

The Corpora t ion requ i res tha t the b idders /supp l ie rs / con t rac tors under th is tender observe the h ighes t s tandards o f e th ics dur ing the procurement and execut ion

40

of such cont rac ts . In pursuance o f th is po l i cy , the Corpora t ion de f ines fo r the purposes o f th is p rov is ion , the te rms se t fo r th as fo l lows :

a ) “cor rup t p rac t ice” means the o f fe r ing , g iv ing , rece iv ing or so l ic i t ing o f any th ing o f va lue to in f luence the ac t ion o f the pub l ic o f f i c ia l in the procurement p rocess or in cont rac t execut ion ; and

b ) “ f raudu len t p rac t ice” means a mis representa t ion o f fac ts in o rder to in f luence a procurement p rocess or a execut ion o f a cont rac t to the de t r iment o f the Corpora t ion , and inc ludes co l lus ive prac t ice among b idders (p r ior to o r a f te r b id submiss ion) des igned to es tab l i sh b id p r ices a t a r t i f i c ia l non-compet i t i ve leve ls and to depr ive the Corpora t ion o f the benef i ts o f the f ree and open compet i t ion ; The Corpora t ion w i l l re jec t a p roposa l fo r award i f i t de termines tha t the B idder recommended fo r award has engaged in cor rup t or f raudu lent p rac t ices in compet ing fo r the cont rac t in ques t ion ; The Corporat ion w i l l a f i rm ine l ig ib le , e i ther indef in i te ly o r fo r a s ta ted per iod o f t ime , to be awarded a cont rac t i f i t a t any t ime determines tha t the f i rm has engaged in cor rup t and f raudu len t prac t ices in compet ing fo r , o r in execut ing , a cont rac t .

6 . In t imat ion to Success fu l Tenderers

The acceptance o f tender may be communica ted to the Success fu l Tenderer in wr i t ing or o therw ise e i ther by the tender open ing au thor i ty o r any au thor i ty in the Corpora t ion .

7 . Secur i ty Depos i t The Contractor shall pay a security deposit equal to five percent of the

contract sum as security for due fulfillment of the contract, unless otherwise stated in the tender documents.

The mode of making this deposit is as under.

Initial or contract deposit

A sum, which along with the earnest money already paid, amounts to three percent of the contract sum shall be paid within 15 days after receipt of intimation in writing of acceptance of tender. It is optional to the contractor to make the contract deposit in one of the other of the following ways :

i ) Who l ly in cash or . i i ) Who l ly in fo rm o f Nat iona l sav ing Cer t i f i ca te

p ledged in favour o f the Corpora t ion or Bank Guarantees / F ixed depos i t f rom Nat iona l ised / Schedu led Banks in the enc losed fo rmat .

i i i ) Par t l y in cash and par t l y in fo rm o f Nat iona l sav ing Cer t i f i ca te p ledged in favour o f the Corpora t ion or Bank Guarantees / F ixed depos i t f rom Nat iona l ised / Schedu led Banks in the enc losed fo rmat

Retent ion Money: The remain ing amount o f the secur i ty depos i t i .e . 2% sha l l be recovered f rom the Cont rac tor ’s runn ing b i l l s a t the ra te o f f i ve percent and such re ten t ion together w i th the cont rac t depos i t made as a foresa id sha l l no t exceed in the aggregate f i ve percent o f the cont rac t sum a f te r wh ich such re tent ion w i l l cease.

8 . For fe i ture o f Secur i ty Depos i t

A l l compensat ion or o ther sums o f money payab le by the cont rac tor under the te rms of th is cont rac t or any o ther account whatsoever , may be deducted f rom or pa id by the sa le o f a su f f i c ien t par t o f th is secur i ty depos i t / re ten t ion money or f rom the in te res t ar is ing there f rom or f rom any sums wh ich may be due or may become due to the Cont rac tor by the Corpora t ion on any account whatsoever ,

41

and in the event o f h is secur i ty depos i t / re ten t ion money be ing reduced by reason o f any such deduct ion or sa le as a fo resa id , the cont rac to r sha l l w i th in 15 days o f rece ip t o f no t ice o f demand f rom the Eng ineer make good the de f ic i t .

In the event o f the sa id depos i t hav ing been made by the cont rac tor by de l ivery to the Corpora t ion o f the Guarantee o f the Bankers o f the Contrac tor , and o f the cont rac tor under any o f the prov is ions o f th is cont rac t becoming sub jec t to o r l iab le for any penal ty fo r damages l iqu ida ted or un l iqu ida ted or o f the sa id depos i t becoming fo r fe i ted any breach or fa i lu re or de terminat ion o f con t rac t , then, and in such case the amount o f any such pena l ty or damages and the depos i t so fo r fe i ted is no t p rev ious ly pa id to the Mun ic ipa l Commiss ioner , sha l l immedia te ly on demand be pa id by the sa id Bankers to and may be fo r fe i ted by the Mun ic ipa l Commiss ioner under and in te rms o f the sa id Guarantee.

9 . Execut ion o f Cont rac t Document

The success fu l tenderer a f te r fu rn ish ing In i t ia l Secur i ty Depos i t , is requ i red to execute an Agreement in dup l ica te in the form a t tached w i th the tender documents on a s tamp paper o f proper va lue . The proper va lue a t p resent i s Rs . 100/ - . The agreement shou ld be s igned w i th in one month f rom the da te o f acceptance o f the tender

10 . Issue o f Work Order

Work Order w i l l be i ssued af te r execut ion o f cont rac t document .

11 . Cont rac t Documents

The Cont rac tor sha l l be fu rn ished, f ree o f charge, two cer t i f ied t rue cop ies o f the cont rac t documents and a l l fu r ther drawings wh ich may be issued dur ing the progress o f the Work . None o f these documents sha l l be used by the Cont rac tor fo r any purpose o ther than tha t o f th is cont rac t .

12 . Indemni ty Bond The cont rac to r sha l l requ i re to execute an Indemni ty Bond fo r sa t is fac to ry per formance o f the en t i re p ro jec t on Stamp paper o f Rs .100/ - in the fo rmat as per Annexure ‘D ’ . Th is Indemni ty Bond sha l l remain in fo rce fo r per iod ment ioned in Schedu le ‘A ’ as Defec t L iab i l i t y Per iod a f te r comple t ion o f the pro jec t .

13 . L icences The success fu l tenderer shou ld comply s ta tu to ry ins t ruc t ion o f con t rac t labour & wi l l be requ i red to produce to the sa t is fac t ion o f the Eng ineer a va l id cont rac t labour l i cence issued in h is favour under the prov is ion o f the Cont rac t Labour L icence (Regula t ion and Abo l i t ion) 1970, be fore s ta r t ing the Work . On fa i lu re to do so , the acceptance o f the tender i s l iab le to be w i thdrawn and a lso the earnes t money is l iab le to be fo r fe i ted.

14 . Deta i ls to be Conf ident ia l

The Cont rac tor sha l l t rea t the de ta i l s o f the Cont rac t as pr iva te and conf ident ia l , save in so fa r as may be necessary fo r the purposes thereof , and sha l l no t pub l ish or d isc lose the same or any par t i cu lars thereo f in any t rade or techn ica l paper or e lsewhere w i thout the prev ious consent in wr i t ing o f the Eng ineer . I f any d ispute ar ises as to the necess i ty o f any pub l i ca t ion or d isc losure fo r the purpose o f the cont rac t the same sha l l be re fe r red to the Corpora t ion whose de terminat ion sha l l be f ina l .

15 . Of f i c ia l Secrecy

The Cont rac tor sha l l , whenever requ i red , take necessary s teps to ensure tha t a l l persons employed on any Work in connec t ion w i th th is Cont rac t have no t iced tha t the Ind ia o f f i c ia l Secre ts Ac t 1923 (XIX o f 1923) app l ies to them and sha l l con t inue to app ly even af te r execut ion o f such Work under the Cont rac t .

16 . Ass ignment The Cont rac tor sha l l no t ass ign t rans fer o r a t tempt to ass ign , t rans fer the Cont rac t o r any par t thereof , o r any benef i t o r in te res t there in o r there under o therw ise than by a charge in favour o f the Cont rac to r ’s bankers o f any Money due or to become due under th is cont rac t , w i thout the pr ior wr i t ten approva l o f the Commiss ioner .

17 . Sub- le t t ing The Cont rac tor sha l l no t sub- le t o r a t tempt to sub- le t the

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whole o f the Works . Except where o therw ise prov ided by the Cont rac t , the Cont rac tor sha l l no t sub- le t any par t o f the Works w i thout the pr ior wr i t ten approva l o f the Eng ineer , wh ich sha l l no t be unreasonab ly w i th -he ld , and such approva l , i f g iven , sha l l no t re l ieve the Cont rac tor f rom any l iab i l i t y o r ob l iga t ion under de fau l ts and neg lec ts o f any sub-cont rac tor , h is agents , servants o r Workmen as fu l l y as i f t hey were the ac ts , de fau l ts o r neg lec ts o f the Cont rac tor , h is agents , servants or Workmen. Prov ided a lways tha t the engagement o f labour on a p iecework bas is o r labour w i th mater ia l no t to be incorpora ted in the Work sha l l no t be deemed to be a sub-le t t ing under th is C lause. The Cont rac to r sha l l be respons ib le fo r observance by h is sub-cont rac tors o f the fo rego ing prov is ions

18 . Changes in Cons t i tu t ion

Where the cont rac to r is a par tnersh ip f i rm, the pr ior approva l in wr i t ing o f the Commiss ioner sha l l be ob ta ined be fore any change is made in the cons t i tu t ion o f the f i rm. Where the cont rac tor i s an ind iv idua l o r H indu Und iv ided fami ly bus iness concern such approva l as a fo resa id sha l l l i kewise be ob ta ined be fore the cont rac tor en ters in to any par tnersh ip agreement where under the par tnersh ip f i rm would have the r igh t to car ry ou t the Work hereby under taken by the cont rac tor . I f p r io r approva l as a fo resa id is no t ob ta ined the cont rac t sha l l be deemed to have been ass igned in cont ravent ion o f the C lause No. 108 hereo f and the same ac t ion may be taken and the same consequences sha l l ensure as prov ided fo r in the sa id cond i t ion .

19 . Power o f A t to rney

The cont rac tor sha l l no t i ssue any k ind o f power o f a t to rney in favour o f h is bankers fo r rou t ine payments to the cont rac to rs th rough Bank.

20 . Cont rac tors Sta f f

The Cont rac tor sha l l employ in and about the execut ion o f Works on ly such persons as a re sk i l led and are exper ienced in the i r severa l t rades and the Eng ineer sha l l be a t l iber ty to ob jec t to and requ i re the Cont rac tor to remove f rom the Works any person, employed by the Cont rac tor in o r about the execut ion o f the Works , who in the op in ion o f the Eng ineer misconducts h imse l f or i s incompeten t o r neg l igent in the proper per fo rmance o f h is du t ies and such person sha l l no t be aga in employed upon the Works w i thout permiss ion o f the Eng ineer .

21 . Cont rac tors ’ Superv is ion

The Cont rac tor sha l l h imse l f superv ise the execut ion o f Works or sha l l appo in t competent agent approved by the Eng ineer to ac t in h is s tead. I f , in the op in ion o f the Eng ineer the Cont rac tor h imse l f no t have su f f i c ien t knowledge and exper ience to be capab le o f rece iv ing ins t ruc t ions or cannot g ive h is fu l l a t ten t ion to the Works , the Cont rac tor sha l l a t h is own expense, employ as h is accred i ted agent an Eng ineer or a su i tab ly qua l i f ied and exper ienced person approved by the Eng ineer . The name o f the agent so appoin ted , a long-wi th the qua l i f i ca t ions , exper ience and address sha l l be communica ted to the Eng ineer . The agent sha l l be a respons ib le person adequate ly o rgan isa t ion by the Cont rac tor to take dec is ion on s i te and to spend money i f requ i red fo r p rocur ing mater ia l and labour e tc . to car ry ou t Emergency Works in the in te res t o f the Work , i f so requ i red by the Eng ineer . Orders g iven to Contrac tor ’s agent sha l l be cons idered to have the same fo rce as i f these had been g iven to the Cont rac tor h imse l f . I f the Cont rac tor fa i l s to appo in t a su i tab le agent as d i rec ted by the Eng ineer , the Eng ineer sha l l have fu l l powers to suspend the execut ion o f the Works un t i l such da te as a su i tab le agent i s appo in ted and the Contrac tor sha l l be he ld respons ib le fo r the de lay so caused to the Works .

22 . Employment o f The Contractor shall employ the labour in sufficient numbers to maintain

43

Labour

the required rate of progress and of quality to ensure Workmanship, of the degree specified in the Contract and to the satisfaction of the Engineer. The Contractor shall not employ in connection with the Work any child who has not completed his 15PthP year of age. He shall also not employ an adolescent who has not completed his 18PthP year unless he is certified fit for Work as an adult as prescribed under clause (b) of sub-section (2) of section 69 of the Factories Act, 1948. The Cont rac tor sha l l make h is own ar rangement fo r the engagement o f a l l labour loca l o r o therw ise . The Cont rac tor sha l l indemni fy the Corpora t ion or any agent , servant o r employee o f Corpora t ion for any lapses on the par t o f con t rac tor on account o f non-compl iance o f above re fer red ac ts .

23 . Compl iance w i th Labour Regu la t ion .

The cont rac tor sha l l pay fa i r and reasonab le wages to the Workmen employed by h im, fo r the cont rac t under taken by h im. In the event o f any d ispute ar is ing between the cont rac tor and h is Workmen on the grounds tha t the wages pa id a re no t fa i r and reasonab le , the d ispute sha l l be re fe r red w i thout de lay to the Eng ineer , who sha l l dec ide the same. The dec is ion o f the Eng ineer sha l l be conc lus ive and b ind ing on the cont rac tor bu t such dec is ion sha l l no t in any way a f fec t the cond i t ions in the cont rac t regard ing the payment to be made by Corpora t ion a t the same sanc t ioned tender ra tes . The employees o f the cont rac tor and the sub-cont rac tor in no case sha l l be t rea ted as the employees o f the Corpora t ion a t any po in t o f t ime. SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK. ( i ) Workman Compensat ion Act 1923. The Ac t p rov ides fo r compensat ion in case o f in ju ry by acc ident a r is ing ou t o f and dur ing the course o f employment . ( i i ) Payment of Gratu i ty Act 1972 . Gra tu i ty i s payab le to an employee under the Ac t on sa t is fac t ion o f cer ta in cond i t ions on separa t ion i f an employee has comple ted 5 years serv ice or more or on death a t the ra te o f 15 days wages for every completed year o f serv ice . The Ac t i s app l i cab le to a l l es tab l ishments employ ing 10 or more employees . ( i i i ) Employees PF and Miscel laneous Provis ion Act , 1952 . The Ac t p rov ides fo r month ly cont r ibu t ions by the employer p lus Workers @ 10% or 8 .33% . The benef i t s payab le under the Ac t a re

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

(b ) Depos i t l i nked insurance on the death in harness o f the Worker .

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

( iv) Materni ty Benef i t Act 1951

Ac t p rov ides fo r leave and some o ther benef i t s to women employees in case o f conf inement o r miscar r iage e tc .

(v ) Contract labour (Regulat ion and Abol i t ion) Act

44

1970 . The Ac t p rov ides fo r cer ta in we l fare measures to be prov ided by the cont rac tor to cont rac t labour and in case the cont rac to r fa i ls to p rov ide , the same are requ i red to be prov ided by the Pr inc ipa l Employer by law. The pr inc ipa l employer is requ i red to take Cer t i f i ca te o f Reg is t ra t ion and the Cont rac tor i s requ i red to take a L icence f rom the des ignated Of f i cer . The Ac t i s app l i cab le to the es tab l ishments o r Cont rac to r o f p r inc ip le employer i f they employ 20 or more cont rac t labour .

(v i ) Min imum Wages Act 1970

The Cont rac tor sha l l see tha t the prov is ions se t fo r under the Min imum Wages Ac t and Cont rac t Regu la t ion and Abo l i t ion Ac t 1970 w i th the Maharasht ra Cont rac t Labour ( regu la t ion and abo l i t ion) Ru les 1971 as amended f rom t ime to t ime are fu l l y compl ied w i th by h im and sha l l ma in ta in necessary reg is ters and records fo r payment o f wages, over t ime, e tc . made to h is Workmen as requ i red by the Conc i l ia t ion Of f i cer (Cent ra l ) , M in is t ry o f Labour , Government o f Ind ia , o r such o ther organ isa t ion person appo in ted by the Cent ra l o r S ta te Government . (v i i ) Payment of Wages Act 1936 I t lays down as to by what da te the wages are to be pa id , when i t w i l l be pa id and what deduct ions can be made f rom the wages o f the Workers . (v i i i ) Equal Remunerat ion Act 1979. The Ac t p rov ides fo r payment o f equa l wages for Work o f equa l na ture to Ma le & Female Workers and no t fo r mak ing d isc r im ina t ion aga ins t Female employees in the mat te rs o f t rans fers , t ra in ing and promot ions e tc . ( ix ) Payment of Bonus Act 1965 The Ac t i s app l icab le to a l l es tab l i shments employ ing 20 or more Workmen. The Ac t p rov ides fo r payments o f annua l bonus sub jec t to a min imum of 8 .33% of wages and max imum of 200% of wages to employees drawing Rs. 3 ,500/ - P .M. o r less . The bonus to be pa id to o r employees ge t t ing Rs. 2500/ - P .M. above up to 3500/ - P .M. sha l l be Worked out by tak ing wages as Rs. 2500/ - P .M. on ly . The Ac t does no t app ly to cer ta in es tab l i shments . The newly se t up es tab l i shments a re exempted fo r f i ve years in cer ta in c i rcumstances . Some o f the Sta te Governments have reduced the employment s ize f rom 20 to 10 fo r the purpose o f app l icab i l i t y o f the Ac t . (x ) Industr ia l Disputes Act 1947 The Ac t lays down the mach inery and procedure for reso lu t ion o f indus t r ia l d isputes , in what s i tua t ions a s t r i ke o r lock-ou t becomes i l lega l and what a re the requ i rements fo r lay ing o f f o r re t rench ing the employees or c los ing down the es tab l ishment . (x i ) Industr ia l Employment (Standing Orders ) Act

1946 I t i s app l i cab le to a l l es tab l ishments employ ing 1000 or more Workmen (employment s ize reduced by some o f the Sta tes and Cent ra l Government to 50) . The Ac t p rov ides fo r lay ing down ru les govern ing the cond i t ions o f employment by the employer or mat te rs prov ided in the Ac t

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and ge t the same cer t i f ied by the des ignated Author i ty . (x i i ) Trade Unions Act 1926 The Ac t lays down the procedure fo r reg is t ra t ion o f t rade un ions o f Workmen and employers . The t rade un ions reg is te red under the Ac t have been g iven cer ta in immuni t ies f rom c iv i l and c r im ina l l iab i l i t ies .

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

The Ac t p roh ib i ts employment o f ch i ld ren be low 14 years o f age in cer ta in occupat ion and processes and prov ides fo r regu la t ion o f employment o f ch i ld ren in a l l o ther occupat ions and processes . Employment o f ch i ld labour i s p roh ib i ted in Bu i ld ing and Const ruc t ion Indus t ry .

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

The Act i s app l icab le to an es tab l i shment wh ich employees 5 or more in te r -s ta te migran t Workmen th rough an in te rmed iary ( who has recru i ted Workmen in one s ta te fo r employment in the es tab l ishment s i tua ted in another s ta te ) . The in ter -s ta te migrant Workmen, in an es tab l ishment to wh ich th is Ac t becomes app l icab le , a re requ i red to be prov ided cer ta in fac i l i t i es such as hous ing, med ica l a id , t rave l ing expenses f rom home upto the es tab l i shment and back , e tc .

(xv) The Bui lding & other Construct ion Workers (Regulat ion of Employment and Condi t ions of Service) Act 1996 and the Cess Act of 1996.

A l l the es tab l i shments who car ry on any bu i ld ing or o ther cons t ruc t ion Work and employs 10 or more Workers a re covered under th is ac t . A l l such es tab l ishments are requ i red to pay cess a t ra te no t exceed ing 2% o f the cos t o f cons t ruc t ion as may be no t i f ied by the Government . The employer o f the es tab l i shment i s requ i red to p rov ide sa fe ty measures a t the Bu i ld ing or Const ruc t ion Work and o ther we l fa re measures , such as Canteens , F i rs t -A id fac i l i t ies , Ambulance, Hous ing accommodat ion fo r Workers near the Workp lace e tc . The employer to whom the Ac t app l ies has to ob ta in a reg is t ra t ion cer t i f i ca te f rom the Reg is te r ing Of f i cer appo in ted by the Government .

24 . Safe ty Prov is ions

The Cont rac tor sha l l a t h is own expense ar range fo r the sa fe ty p rov is ions ind ica ted in Annexure `A ’ o r as requ i red by the Eng ineer , in respec t o f a l l labour d i rec t l y o r ind i rec t l y employed fo r per fo rmance o f the Works and sha l l p rov ide a l l fac i l i t i es in connect ion therewi th . In case the Cont rac tor fa i l s to make ar rangements and prov ide necessary fac i l i t ies as a fo resa id , the Eng ineer sha l l be en t i t led to do so and recover the cos ts thereof f rom the Cont rac tor .

25 . Prov is ion o f F i rs t -A id Box

The cont rac tor sha l l , a t h is own cos t , p rov ide and main ta in a t the s i te o f Works a s tandard f i rs t a id box as d i rec ted and approved by the Eng ineer fo r the use o f h is own as we l l as the Corpora t ion`s s ta f f on s i te .

26 . Apprent ices The Contractor shall comply with the provision of the Apprentice Act, 1961, and the rules and orders issued there under from time to time. The contractor shall during the term of this agreement maintain as a part of his organisation a system of apprenticeship for training craftsmen as may be approved by the Engineer. The apprentices are to be engaged and trained in the building craft/trades. The number of apprentices to be engaged shall be decided and got approved from the office of the Director of Technical Education and State Apprenticeship Advisor, Maharashtra State, Dhobi Talao, Bombay –400 001. Failure

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on the part of the contractor to observe the stipulation of this conditions shall be deemed to be failure to employ a sufficient number of proper and efficient Workmen and all the rights and remedies of the Commissioner therein provided including the power to determine the contract shall be applicable in such case. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the Act.

27. Personne l . The Cont rac tor sha l l employ the key personne l named in the schedule o f key personne l (Annexure ‘B ’ ) o r o ther personne l approved by the Eng ineer to car ry ou t the func t ions . The Eng ineer w i l l approve any proposed rep lacement o f key personne l on ly i f the i r qua l i f i ca t ions , ab i l i t ies and re levant exper ience are subs tan t ia l l y equa l to o r be t te r than those o f the personne l l i s ted in the schedu le .

28 . Temporary S i te Of f i ce fo r the Eng ineer (For Works Cost ing Above Rs. 50 Lacks On ly )

The Contrac to r sha l l a t h is own cos t and to the sa t is fac t ion o f the Engineer , p rov ide a s i te o f f i ce o f no t less than 25 Sq. Mt r . Wi th br ick wa l ls , p las ter ing ins ide , rough shahabad f loor ing and one wr i t ing tab le w i th s ix cha i rs and la rge s ize s tee l cupboard . He sha l l a lso make necessary a r rangements fo r d r ink ing water and e lec t r ic connec t ion and lock ing ar rangement . Upon comple t ion o f the who le work and a f te r c lear ing the s i te and upon exp i ry o f de fec t l iab i l i t y per iod , the Cont rac tor sha l l remove the s i te o f f i ce and take possess ion o f the furn i tu re and cupboards prov ided by h im in the cond i t ion i t was on the da te o f rece iv ing back the same.

29 . Cont rac tor ’s Of f i ce Near Works

The Cont rac to r sha l l have an o f f i ce near the Works a t wh ich no t ice f rom the Eng ineer may be served and sha l l , be tween the hours o f sunr ise and sunset on a l l Work ing days , have a c le rk o r some o ther o rgan isa t ion person a lways present a t such o f f i ce upon whom such no t ices may be served and serv ice o f any no t ices le f t w i th such c le rk or o ther organ isa t ion person or a t such o f f i ce sha l l be deemed good serv ice upon the Cont rac tor .

30 . Permiss ion fo r Erec t ion & Remova l o f Of f i ce on Comple t ion o f Work

The Cont rac tor sha l l ob ta in permiss ion fo r e rec t ion o f s i te o f f i ce , cement godown, s tore , e tc . on payment o f necessary charges as demanded by the concerned au thor i t ies as per the preva i l ing ru les . The cement godown, Watchman cab ins , e tc . sha l l be prov ided as d i rec ted and sha l l be removed by the Cont rac to r on comple t ion o f the Work a t the i r cos t .

31 . Use o f Mun ic ipa l Land

(a )The Cont rac tor sha l l no t be permi t ted to en ter on (o ther than fo r inspec t ion purposes) or take possess ion o f s i te un t i l ins t ruc ted to do so by the Eng ineer in wr i t ing . The portion of the site to be occupied by the Contractor shall be defined and/or marked on the site plan, failing which these shall be indicated by the Engineer. The Contractor shall on no account be allowed to extend his operations beyond these areas. The use of such portion of the site shall be allowed free of any lease rent during scheduled time period for the completion of the Work. However at the expiry of the stipulated period of the Work, as may be extended from time to time, Contractor has to pay charges for these facilities as per the prevailing rates levied by the Corporation for use of public utility places. The Contractor will be allowed to use the land for the purpose of sheds, offices thereon for themselves and for the Engineer and his subordinates and shall remove the same from the ground on the completion of the Works, or when required to do so, by the Engineer after receiving 7 days notice. He shall make good any damage which may have been done and restore to good condition any thing which may have been disturbed during the period of his occupation. He shall not use or allow to be used any such ground, sheds or offices, or any portion of the site of the Works, for any other purpose than the carrying out of Works under this Contract, failing which charges applicable will become payable in the event of there being on plot or ground or insufficiency of ground belonging to the Corporation available for the above purpose, the Contractor shall provide other such ground at his own

47

cost. The Contractor shall in any case pay all taxes which may have to be paid in respect of all ground, sheds or offices used as above, and all the license fees, etc., that may be demanded for the storage or otherwise of the various articles as per rules in force. The Contractor shall provide, if necessary or if required on the site all temporary accesses thereto and shall alter, adopt and maintain the same as required from time to time and shall take up and clear them away as and when no longer required and make good all damage done to the site. The contractor has also be allowed at the sole discretion of the corporation to stack material required for execution of work in corporation land out of the project area on payment of necessary charges as per corporation rules for use of roads public utility places.

32 . Water Supp ly fo r Corpora t ion Work

The water w i l l no t be supp l ied by the Corpora t ion . The Cont rac tor has to make h is own ar rangements fo r supp ly o f water . However on ava i lab i l i t y o f water i t can be supp l ied a t the organ isa t ion Corpora t ion ra te and terms and cond i t ions .

33 .

E lec t r ic Supp ly No power connect ion sha l l be prov ided. The Contrac tor sha l l make a t h is own cos t h is own ar rangement fo r power connec t ion, i f requ i red .

34 . Cont rac tor to Pro tec t the Work

The cont rac tor sha l l make h is own ar rangements fo r p ro tec t ing the Work / p ro tec t ion age is t obs t ruc t ions f rom any an t i -soc ia l e lements by tak ing a t h is / the i r cos t po l ice p ro tec t ion or such o ther lega l methods th rough law enforc ing au thor i t ies and tha t the Corpora t ion sha l l no t be l iab le to compensate the cont rac tor on th is account . The Corpora t ion wou ld on ly fo rward the app l ica t ion o f the cont rac tor to the po l ice Dept t . Wi thout any l iab i l i t y aga ins t the Corpora t ion on th is account .

35 . Fenc ing , Watch ing and L igh t ing

The Cont rac tor sha l l p rov ide and main ta in a t h is own expense a l l l i gh ts , guards , fenc ing and watch ing when and where necessary or as requ i red by the Eng ineer fo r the pro tec t ion o f the sa fe ty and conven ience o f those employed on the Works or the pub l ic . In the event o f fa i lu re on the par t o f the Cont rac tor , the Eng ineer may w i th o r w i thout no t ice to the Cont rac tor pu t up a fence or improve a fence a l ready pu t up or p rov ide and/or improve the l igh t ing or adopt such o ther measures as he may deem necessary , and a l l the cos t o f such procedures as may be adopted by the Eng ineer sha l l be borne by the Cont rac tor . In add i t ion the Eng ineer may impose such f ines or pena l ty as the Engineer may deem reasonab le , under C lause No. 53 .

36 . Cont rac tor ’s L iab i l i t ies & Insurance (Car Po l i cy)

F rom commencement to comple t ion o f the Works , the Cont rac tor sha l l take fu l l respons ib i l i t y fo r the care thereof and fo r tak ing precaut ions to p revent loss or damage and to min imize the loss or damage to the grea tes t ex ten t poss ib le and sha l l be l iab le fo r any damage or loss tha t may happen to the Works or any par t thereof . The po l icy so ob ta ined sha l l cover en t i re per iod o f cons t ruc t ion ( inc lud ing a l l ex tens ions) and a lso sha l l cover the Defec ts L iab i l i t y per iod . The po l i cy sha l l be fo r the to ta l Cont rac t Sum. Before commenc ing execut ion o f the Work , the Cont rac tors sha l l w i thout in any way l im i t ing h is ob l igat ions and respons ib i l i t ies under th is cond i t ion , insure aga ins t any damage loss or in jury wh ich may occur to any proper ty (Pr iva te , Government and/or Corpora t ion) o r to any person ( inc lud ing any employee o f the Corpora t ion) by or ar is ing ou t o f the cont rac t . A l l insurances (Car Po l icy) to be a f fec ted by the Cont rac tors and/or h is sub-cont rac tors sha l l be taken ou t w i th D i rec tora te o f Insurance, Maharasht ra S ta te on ly . In

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case, however , a par t i cu la r aspec t i s no t covered under the po l i cy to be ob ta ined f rom the D i rec tora te o f Insurance, Maharasht ra s ta te , the Cont rac tor w i l l be a l lowed to have such insurance f rom o ther insurance company w i th the pr ior permiss ion o f the Commiss ioner . I f the Cont rac tor has a b lanket insurance po l i cy fo r a l l h is Works and the po l i cy covers a l l the i tems to be insured under th is cond i t ion , the sa id po l i cy sha l l be ass igned by the Cont rac tor , in favour o f the Corpora t ion ; p rov ided, however , i f any amount i s payab le under the po l i cy by the insurers in respec t o f Works o ther than the Works under th is Cont rac t , the same may be recovered by the Cont rac tor d i rec t ly f rom the insurers . The amount o f c la im to the ex ten t payment made by Corpora t ion sha l l be d i rec t l y re imbursed to Corpora t ion by insurer . PROVIDED a lways tha t the Cont rac tor sha l l no t be en t i t led to payment under the above prov is ions in respec t o f such loss or damage as have been occas ioned by any fa i lu re on h is par t to per form h is ob l iga t ions under the Cont rac t o r no t tak ing precaut ions to p revent loss or damage or min imize the amount o f such loss or damage. Where a Corpora t ion`s Bu i ld ing or par t thereo f i s ren ted by the Cont rac tor o r is a l lowed to be used by h im, he sha l l insure the en t i re bu i ld ing i f the bu i ld ing or any par t thereo f i s used by h im fo r the purpose o f s to r ing or us ing mater ia ls o f combust ib le na ture as to wh ich the dec is ion o f the Eng ineer sha l l be f ina l and b ind ing . The Contractor shall indemnify and keep indemnified the Corporation against all losses and claims for injuries or damage to any person or any property whatsoever which may arise out of or in consequence of the construction and maintenance of the Work and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto. PROVIDED always that nothing herein contained shall be deemed to render the Contractor liable for or in respect of or to the Corporation against any compensation or damage caused by the Excepted Risks. The Contractor shall at all times indemnify the Corporation against all claims, damages or compensation under the provisions of Payment of Wages Act 1936, Minimum Wages Act 1948, Employers Liability Act 1938, the Workmen’s Compensation Act 1923, Industrial Dispute Act 1947, Indian Factories Act 1948 and Maternity Benefit Act, 1961 or any modifications thereof and rules made there under from time to time or as a consequence or any accident or injury to any Workman or other persons in or about the Works, whether in the employment of the Contractor or not, save and except where such accident or injury have resulted from any act of the Corporation, their agents or servants, and also against all cost, charges and expenses of any suit, action or proceedings arising out of such accident or injury and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any such claim without limiting his obligations and liabilities as above provided. The Contractor shall insure against all claims damages or compensation payable under the various acts mentioned above or any modifications thereof or any other law relating thereto. The aforesaid insurance policies shall provide that they shall not be canceled till the Commissioner has agreed to their cancellations. The Contractor shall prove to the Engineer from time to time that he has taken out all the insurance policies referred to above and has paid the necessary premia for keeping the policies alive till the expiry of the Defects Liability Period after completion of Work for a period of not exceeding 12 months as per directives of Directorate of Insurance, Maharashtra State. The Contractor shall ensure that similar insurance policies are taken out by his sub Contractors(if any) and shall be responsible for any claims or losses to the Corporation resulting from their failure to obtain adequate insurance protection in connection thereof. The Contractor shall produce or cause to be produced by his Sub-Contractor (if any) as the case may

49

be, the relevant policy or policies and premium receipts as and when required by the Engineer. I f the Cont rac tor and/or h is sub-Cont rac tors ( i f any) sha l l fa i l to e f fec t and keep in fo rce the insurance re fe r red above fo r any o ther insurance wh ich he / they may requ i re to e f fec t under the terms o f Cont rac t then and in any such case the Commiss ioner may w i thout be ing bound to e f fec t and keep in fo rce any such insurance and pay premium or p remia as may be necessary for tha t purpose and f rom t ime to t ime deduct the amount so pa id by the Corpora t ion p lus 20 per cent o f premium or p remia amount as serv ice charges f rom any money due or wh ich may become due to the Cont rac tor or recover the same as debt f rom the Cont rac tor .

37 . Cont rac tor to Preserve Peace

The Cont rac tor sha l l a t a l l t imes dur ing the progress o f the Work take a l l requ is i te p recaut ion and use h is bes t endeavors fo r p revent ing any r io tous or un lawfu l behav io r by or amongst the Workers and o ther employed on the Works and fo r the preserva t ion o f peace and pro tec t ion o f the inhab i tan ts and secur i ty o f p roper ty in the ne ighborhood o f the Works . He sha l l a lso pay the charges o f such spec ia l po l i ce ( i f any) as the Engineer may deem necessary .

38 . Pro tec t ion o f T rees

Trees des ignated by the Eng ineer sha l l be pro tec ted f rom damage dur ing the course o f the Work and ear th leve l w i th in one met re o f each such t ree sha l l no t be changed. Where necessary , such t rees sha l l be pro tec ted by temporary fenc ing . A l l such cos t sha l l be borne by the Cont rac tor .

39 . Ma in tenance o f Under - g round Ut i l i t y Serv ices

A l l the underground u t i l i t y serv ices such as water p ipes , gas p ipes , d ra ins , sewers , cab les e tc . , wh ich may be met up in o r about any excavat ion , sha l l i f the Eng ineer deem i t p rac t icab le , be proper ly ma in ta ined and pro tec ted by the Cont rac tor h imse l f o r th rough o ther agency by means o f shor ing , s t ru t t ing , p lank ing over , padd ing or o therw ise as d i rec ted by the Eng ineer dur ing the progress o f the Work w i thout c la iming any ex t ra charges . Any damage to these underground u t i l i t y serv ices sha l l be immedia te ly remedied by the Cont rac tor o r by o ther agency a t h is own cos t , fa i l ing wh ich the Engineer may w i th o r w i thout no t ice adopt such measures as he may deem necessary a t the r i sk and cos t o f the Cont rac tor . I f on the o ther hand, the Eng ineer cons iders i t imprac t icab le fo r the Cont rac tor to main ta in any such underground u t i l i t y serv ices and tha t the ex igenc ies o f the Work necess i ta te , the break ing down, remova l or d ivers ion o f the sa id u t i l i t y serv ices , the cos t o f such break ing down, remova l or d ivers ion inc lud ing tha t o f rebu i ld ing , rep lac ing , d iver t ing and re ins ta t ing o f any such u t i l i t y serv ices sha l l be pa id to the Cont rac tor i f done by h im. However , the cos t o f p rov id ing pumps, chutes or o ther app l iances as the Eng ineer may d i rec t fo r the ra is ing or temporary passage o f the water o r sewage and the cos t o f pumping ou t o r remov ing as o f ten as the Eng ineer may d i rec t , any water or sewage wh ich may escape f rom any such underground u t i l i t y serv ices , sha l l be borne by the Cont rac tor . The tenderer sha l l con tac t a l l the pub l ic bod ies , e tc . to know the under -ground serv ices tha t may be encountered by h im / them dur ing the execut ion o f the Work and account fo r the consequences o f the s i te res t ra in ts wh i le submi t t ing the i r tenders . No compensat ion / cos t sha l l be payab le on account o f any under -ground serv ices which obs t ruc ts the Work and cause de lay .

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40. Precaut ions fo r Works in Thorough-Fares

Whi le the execut ion o f any Work is in p rogress in any s t ree t or thoroughfare the Cont rac tor a t h is own cos t sha l l make adequate prov is ion for the passage o f t ra f f i c , fo r secur ing sa fe access to a l l p remises approached f rom such s t reet o r thoroughfare , and fo r any dra inage, water supp ly , o r means o f l igh t ing or any o ther u t i l i t y serv ice wh ich may be in ter rup ted by reason o f execut ion o f the Work . Whenever i t may be necessary to s top the t ra f f i c in any s t reet o r thoroughfare permiss ion must f i rs t be ob ta ined f rom the Eng ineer and the Cont rac tor sha l l then pu t up such bar r ie rs and adopt such o ther measures or take precaut ions as may be necessary or as the Eng ineer may d i rec t fo r regu la t ion o f t ra f f i c . The Work sha l l in such cases be executed n igh t and day or fo r as long a per iod as p rac t icab le i f so o rdered by the Eng ineer , and w i th such speed & v igour as he may requ i re , so tha t the t ra f f i c may be impeded fo r as shor t a t ime as poss ib le . The Cont rac tor sha l l remove the bar r ie rs as soon as the necess i ty fo r them has ceased. Care sha l l be taken by the Cont rac tor to cause the leas t poss ib le obs t ruc t ion to t ra f f i c dur ing the progress o f the Work .

41 . Tra f f i c The cont rac tor sha l l have to make a l l necessary a r rangements fo r regu la t ing t ra f f i c day and n igh t dur ing the per iod o f cons t ruc t ion and to the en t i re sa t is fac t ion o f the Eng ineer . Th is inc ludes the cons t ruc t ion and main tenance o f d ivers ions , i f necessary , a t no ex t ra cos t to the Corpora t ion . The cont rac tor sha l l p rov ide necessary caut ion boards , bar r icades , f lags and l igh ts , watchmen e tc . so as to comply w i th the la tes t Motor Veh ic le Ru les and Regu la t ions and fo r t ra f f i c sa fe ty . The cont rac tor sha l l be respons ib le fo r a l l c la ims fo r the acc idents wh ich may ar ise due to h is neg l igence whether in regu la t ing t ra f f i c o r in s tack ing mater ia ls on the road or by any o ther reason.

42 . Pumping ou t Water

The Contrac tor w i l l be requ i red to prov ide and opera te a t h is own cos t a l l pumps, eng ines and mach inery requ is i te to keep the t renches fo r the sewer , d ra ins or foundat ions and a l l o ther excavat ions c lear o f water whether subso i l water , s to rm waste or leakage f rom tanks , we l ls , d ra ins , sewers , water -mains , t ide water e tc . so tha t there may be no accumula t ion o f such water and no se t t ing ou t may be done, no masonry may be la id , no concre te depos i ted , no jo in ts made and no measurements taken in water . The pumping sha l l be cont inued so long a f te r the execut ion o f any por t ion o f the Work as the Eng ineer may cons ider necessary fo r the Work to se t . For the purpose o f keep ing the excavat ions as dry as poss ib le the Work wou ld , i f necessary be d iv ided in to sec t ions or separa te por t ions as per bes t Eng ineer ing prac t ices and temporary dams w i l l have to be pu t up by the Cont rac tor , sumps for the suc t ion p ipes to Work in , w i l l have to be excavated by the Cont rac tor a t such d is tances apar t and to such depths as the as per bes t Eng ineer ing prac t ices . When the Work p rogresses o ther sumps must , f rom t ime to t ime, be excavated by the Cont rac tor , d isused sumps be ing f i l l ed up by h im wi th dry rubb le care fu l l y hand packed to the sa t is fac t ion o f the Eng ineer . The Cont rac tor w i l l no t be pa id ex t ra fo r any temporary dams or sumps or the i r remova l o r re f i l l i ng nor w i l l such Works be taken in to measurement in any way, un less o therw ise prov ided. The Cont rac tor sha l l no t a l low any accumula t ion o f water e i ther f rom the D ischarge o f h is dewater ing pumps or h is water connec t ions on s i te o f h is Work . The Cont rac tor sha l l make proper p rov is ion fo r lead ing the pumped d ischarge to the neares t water en t rance, s torm water d ra in , manho les , o r water course by means o f a wooden or G. I . channe l o r hose p ipe . Under no c i rcumstances the d ischarge w i l l be a l lowed to f low, a long a paved sur face . I f

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an accumula t ion is unavo idab le , i t sha l l be t rea ted w i th insec t ic ides to the sa t is fac t ion o f the Eng ineer . In case o f fa i lu re to do th is on the par t o f Contrac to r such accumula t ion sha l l be t rea ted by the Corpora t ion a t the r i sk and cos t o f the Cont rac tor . The cont rac tors shou ld no te that under no c i rcumstances any payment fo r pumping ou t water f ind ing i t s way in to t renches, h i l l cu t t ing, excavated p i ts , Works s i te e tc . f rom whatever sources w i l l be permiss ib le un less o therw ise spec i f i ca l ly ment ioned in the tender .

43 . S torage o f Exp los ives

The Cont rac tor sha l l ob ta in the prev ious permiss ion o f the competent au thor i ty such as the Ch ie f o f F i re Serv ices fo r the S i te , manner and method o f s tor ing exp los ives near the s i te o f Work . A l l hand l ing o f exp los ives , inc lud ing s to rage, t ranspor t sha l l be car r ied ou t under the ru les approved by the “Exp los ives Depar tment o f the Government ” .

44 . Fac i l i t ies to the Other Cont rac tors

The cont rac tor sha l l , in accordance w i th the requ i rements o f the Eng ineer , a f fo rd a l l reasonab le fac i l i t ies to o ther Cont rac tors engaged contemporaneous ly on separa te Cont rac ts in connect ion w i th the Works and for depar tmenta l labour and labour o f any o ther p roper ly o rgan isa t ion au thor i ty o r s ta tu to ry body wh ich may be employed a t the S i te on execut ion o f any Work no t inc luded in the Cont rac t o r o f any Cont rac t wh ich the Corpora t ion may en ter in to in connec t ion w i th o r anc i l la ry to the Works .

45 . Prevent ion o f Mosqu i to Breed ing a t Cons t ruc t ion S i te

( i )The cont rac tor sha l l on the respec t ive cons t ruc t ion s i te ins ta l l mosqu i to proo f and access ib le water s to rage tanks or to cover / p ro tec t the present water s to rage tanks proper ly . ( i i ) The cont rac tor sha l l per iod ica l ly g ive la rvaec ida l t rea tment to water s to rage tanks , s i tes o f water s tagnat ion, water co l lec t ion . ( i i i ) Any expend i tu re tha t may be incur red by the Corpora t ion to ensure tha t the above cond i t ions are fu l f i l l ed by the cont rac tor w i l l be deb i tab le to cont rac tors account and w i l l be recovered f rom the b i l l s o f the cont rac tor f rom t ime to t ime.

46 . San i ta t ion

The Contrac tor sha l l , a t h is own cos t , make a l l necessary p rov is ions fo r hea l th and sa fe ty o f h is labour / employees . He sha l l , when requ i red by the Eng ineer , p rov ide proper la t r ines and ur ina ls to the sa t is fac t ion o f the Eng ineer in such numbers and in such loca l i t ies as he may requ i re , and sha l l take a l l s teps necessary to compel h is labour / employees to resor t to such la t r ines and ur ina ls , and sha l l d ismiss f rom h is employment and remove f rom the Works any one de tec ted obey ing the ca l ls o f nature in any p lace o ther than the conven iences a l lo t ted for such purposes . The sa id la t r ines sha l l be under the super in tendence and orders o f the Eng ineer o r h is subord ina tes .

47 . Not to A l low Huts

The Contrac tor sha l l , on no account , a l low any hu ts to be erec ted on Corpora t ion proper ty un less o therw ise permi t ted by the Eng ineer in wr i t ing , to be inhab i ted a f te r sunset by anyone except the watchmen requ i red fo r the Works , and none o f h is employees , except such watchmen as a foresa id , sha l l s leep a t n igh t on any par t o f the Works . In case o f any o f fence commi t ted by any o f the labour o r employees o f the Cont rac tor aga ins t any o f the prov is ions o f th is cond i t ion the Cont rac tor sha l l be l iab le to a pena l ty no t exceed ing Rupees Hundered fo r every such o f fense and the same sha l l be charged to the account o f the Cont rac tor .

48 . Treasure Trove Foss i ls e tc .

A l l foss i l s , co ins , a r t ic les o f va lue or an t iqu i ty and s t ruc tu ra l and o ther remains th ings o f geo log ica l o r a rchaeo log ica l in teres t d iscovered in or upon the s i te sha l l be abso lu te p roper ty o f the Corpora t ion and the Cont rac tor sha l l du ly p reserve them and sha l l take precaut ions to

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prevent h is Workmen or any o ther person f rom removing or damaging any such ar t i c les or th ing and sha l l immedia te ly upon d iscovery thereo f and be fore remova l acqua in t the Eng ineer w i th such d iscovery and sha l l f rom t ime to t ime de l iver the same to such person or persons as the Eng ineer may f rom t ime to t ime appo in t to rece ive the same a t the expense o f the Corpora t ion .

49 . Paten t ’ R igh t and Roya l t ies

The cont rac tor sha l l save harmless and indemni fy the Corpora t ion f rom and aga ins t a l l c la ims and proceed ings fo r o r on account o f in f r ingement o f any Paten t r igh ts , des ign t rademark or name o f o ther p ro tec ted r igh ts in respec t o f any cons t ruc t iona l p lan t , mach ine Work , or mater ia l used for o r in connec t ion w i th the Works or any o f them and f rom and aga ins t a l l c la ims, proceed ings , damages, cos ts , charges and expenses whatsoever in respect thereo f o r in re la t ion there to . Except where o therw ise spec i f ied , the cont rac to r sha l l pay a l l tonnage and o ther roya l t ies , ren t and o ther payments o r compensat ion , i f any , fo r ge t t ing s tone, sand, g rave l , c lay o r o ther mater ia ls requ i red fo r the Works or any o f them.

50 . Quar ry i )Quar ry fo r ex t rac t ion o f murum, s tone, rubb le or any o ther mater ia l sha l l no t be made ava i lab le by the corpora t ion the cont rac tor has to make h is own ar rangements fo r quar ry a t h is cos t . i i )The success fu l tenderer sha l l submi t quar ry permi t f rom the competent au thor i ty be fore s ta r t ing the Work .

51 . Photographs o f The Works

No photographs o f the Work or any par t there o f o r equ ipment employed thereon sha l l be taken or permi t ted by the cont rac tor to be taken by any o f h is employees or any employees o f h is sub- cont rac tor w i thout the pr io r approva l o f the Eng ineer in wr i t ing and no such photographs sha l l be pub l i shed or o therw ise c i rcu la ted w i thout the approva l o f the Eng ineer in wr i t ing .

52 . Not ices to Loca l Bod ies

( i )The cont rac tor sha l l comply w i th and g ive a l l no t ices requ i red under any Government Author i ty , Ins t rument , ru le o r o rder made under any Ac t o f par l iament , s ta te laws or any regu la t ion or Bye- laws o f any loca l au thor i t ies o r pub l ic u t i l i t i es concern re la t ing to Works . He sha l l be fore mak ing any var ia t ion f rom the cont rac t d rawings necess i ta ted by such compl iance g ive to the Engineer a no t ice g iv ing reasons for the proposed var ia t ion and ob ta ined Eng ineer ’s ins t ruc t ions thereon. ( i i ) The cont rac to r sha l l pay and indemni fy the Corpora t ion aga ins t any l iab i l i t y in respec t o f any fees or charges payab le under any Ac t o f par l iament , s ta te laws or any Governmenta l Ins t rument , ru le o r o rder any regu la t ions or bye- laws o f any loca l au thor i ty o r pub l ic u t i l i t y concern in respec t o f the Works .

53 . Not ices Subject as otherwise provided in this contract all notice to be given on behalf of the Corporation and all other actions to be taken on its behalf may be given or taken by the Engineer or any officer for the time being entrusted with the functions, duties and powers of the Engineer. All instructions, notices and communications etc. under the contract shall be given in writing and if sent by registered post to the last known place or abode or business of the Contractor shall be deemed to have been served on the date when in the ordinary course of post these would have been served on or delivered to him.

54 . Use o f B . I .S . Spec i f i ca t ions

In case where no par t i cu la r spec i f ica t ion is g iven fo r any ar t i c le to be used under the cont rac t , the re levant spec i f i ca t ion , where one B. I .S . ex is ts , o f the Beauro o f Ind ian Standards sha l l app ly .

PART – I I I WORK PROCEDURE

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55. Possess ion o f S i te and Access There to .

The Corpora t ion w i l l , w i th the Eng ineer ’s no t ice to commence the Works , g ive to the Cont rac tor possess ion o f the S i te . Such access , as is in accordance w i th the Cont rac t , i s to be prov ided by the Corpora t ion as may be requ i red to enab le the Cont rac tor to commence and proceed w i th the execut ion o f the Works in accordance w i th the programme re fer red to in C lause 86 i f any , and o therw ise in accordance w i th such reasonab le p roposa ls as the Cont rac tor sha l l , by no t ice to the Eng ineer make. The Corpora t ion w i l l , f rom t ime to t ime as the Works proceed, g ive to the Cont rac tor possess ion o f such fu r ther por t ions o f the S i te as may be requ i red to enab le the Cont rac tor to p roceed w i th the execut ion o f the Works w i th due d ispatch in accordance w i th such programme or p roposa ls , as the case may be .

56 . Fa i lu re to G ive Possess ion

The cont rac tor shou ld no te that the s i te fo r Work may be made ava i lab le by the Corpora t ion in fu l l o r in par t and tha t the cont rac tor sha l l p lan h is Works to commensura te w i th the hand ing over the s i te . No c la im o f compensat ion on account o f de lay in mak ing ava i lab le the S i te sha l l be payab le to the cont rac tor . However , t ime ex tens ion fo r comple t ing the Work sha l l be g iven to the Cont rac tor in case o f such de lay .

57 . Unforeseeab le Phys ica l Obs t ruc t ions o r Cond i t ions

I f , however , dur ing the execut ion o f the Works the Cont rac tor encounters phys ica l obs t ruc t ions or phys ica l cond i t ions , o ther than c l imat ic cond i t ions on the S i te , wh ich obs t ruc t ions or cond i t ions were , in h is op in ion , no t fo reseeab le by an exper ienced cont rac tor , the Cont rac tor sha l l fo r thw i th g ive no t ice thereof to the Eng ineer . On rece ip t o f such no t ice , the Engineer sha l l , i f in h is op in ion such obs t ruc t ions or cond i t ions cou ld no t have been reasonab ly fo reseen by an exper ienced cont rac tor , a f te r due consu l ta t ion w i th the Cont rac tor , de termine: any ex tens ion o f t ime to wh ich the Cont rac to r is en t i t led under C lause 80 .

58 . Drawings : Custody o f Drawings

The Drawings sha l l remain in the so le cus tody o f Eng ineer , bu t two cop ies thereo f ’ sha l l be fu rn ished to the Cont rac tor f ree o f charge. The Cont rac tor sha l l p rov ide and make a t h is own expense any fu r ther cop ies requ i red by h im. A t the complet ion o f the Cont rac t , the Cont rac tor sha l l re tu rn to the Eng ineer a l l d rawings prov ided under the Cont rac t .

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

One copy o f the drawings , fu rn ished to the Cont rac tors as a fo resa id , sha l l be kept by the Cont rac tor on the s i te and the same sha l l a t a l l reasonab le t imes be ava i lab le for inspec t ion and use by the Eng ineer and the Eng ineer ’s Representa t ive and by any o ther persons organ isa t ion by the Eng ineer in wr i t ing .

60 . D iscrepanc ies in Drawings or Spec i f i ca t ions

The drawings and spec i f i ca t ions are to be cons idered as mutua l l y exp lanatory o f each o ther , de ta i led drawings be ing fo l lowed in pre fe rence to smal l sca le d rawings and f igured d imens ions in p re ference to sca le and spec ia l cond i t ions in p re ference to genera l cond i t ions . Spec ia l cond i t ions or d imens ions g iven in the spec i f i ca t ions sha l l supersede a l l e lse . Shou ld any d isc repanc ies , however appear , o r shou ld any misunders tand ing ar ise as to the mean ing and impor t o f the sa id spec i f i ca t ions or d rawings , o r as to mean ing and as to the to the d imens ions or the qua l i t y o f the mater ia ls o r the due and proper execut ion o f the Works , o r as to the measurement o r qua l i t y and va lua t ion o f the Works executed under th is Cont rac t , o r as ex t ra thereupon the same sha l l be exp la ined by the Eng ineer be b ind ing upon the Cont rac to r and Cont rac to r sha l l be execute the Work accord ing such exp lanat ion (sub jec t as a fo resa id ) and w i thout ex t ra charge or deduc t ion to o r f rom the cont rac t and sha l l a lso do a l l such Work and th ings as may be © fo r the proper comple t ion o f

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Works as imp l ied by the Drawings and Spec i f i ca t ions , even though such Works and th ings are no t spec i f i ca l l y shown and descr ibed in the sa id Drawings and Spec i f ica t ions . The f ina l dec is ion o f the Commiss ioner in case a re fe rence be made to h im under C lause No. 89 be b ind ing upon the Cont rac tor and Cont rac tor sha l l execute the Works accord ing to such exp lanat ion ( sub jec t to a fo resa id ) and sha l l a lso do a l l such Works and requ i red th ings as may be necessary fo r the proper comple t ion o f Works as imp l ied by the drawings and spec i f i ca t ions , even though such Works and th ings are no t spec i f i ca l l y shown and descr ibed in the sa id d rawings and spec i f i ca t ions .

61 . Eng ineer to have Power to Issue Fur ther Drawings o r Ins t ruc t ions

The Eng ineer sha l l have the power and au thor i ty f rom t ime to t ime and a t a l l t imes to make and issue such fu r ther d rawings and to g ive such fu r ther ins t ruc t ions and d i rec t ions as may appear to h im necessary o r proper fo r the gu idance o f the Cont rac tor and the good and su f f i c ien t execut ion o f the Works accord ing to te rms o f the spec i f i ca t ions and Cont rac tor sha l l rece ive , execute obey and be bound by the same, accord ing to the t rue in ten t and mean ing thereo f , as fu l l y and e f fec tua l l y as though the same had accompan ied or had been ment ioned or re fe r red to in the spec i f ica t ion . The Engineer may a lso a l ter o r vary the leve ls o r pos i t ion o f any Works contempla ted by the spec i f i ca t ions , or may order any o f the Works contempla ted thereby to be omi t ted , w i th o r w i thout the subs t i tu t ion o f any o ther Works in l ieu thereof , o r may order any Work or any por t ion o f Work executed or par t ia l l y executed , to be removed, changed or a l tered , and i f needfu l , may order tha t o ther Works sha l l be subs t i tu ted ins tead thereof and d i f fe rence o f expense occas ioned by any such d iminu t ion or a l te ra t ion so ordered and d i rec ted sha l l be added to o r deducted f rom the amount o f th is Cont rac t as p rov ided under the C lause No. 101 and 102. No Work wh ich rad ica l l y changes the or ig ina l na ture o f the Cont rac t sha l l be ordered by the Eng ineer and in the event o f any dev ia t ion be ing ordered wh ich in the op in ion o f the Cont rac tor changes the or ig ina l na ture o f Cont rac t he sha l l never the less car ry i t ou t and d isagreement as to the na ture o f the Work and the ra te to be pa id there fore sha l l be reso lved in accordance w i th C lause No.114. The t ime fo r comple t ion o f the Works , sha l l in the event o f any dev ia t ions resu l t ing in add i t iona l cos t over the Cont rac t Sum be ing ordered, be ex tended or reduced reasonab ly by the Eng ineer . The Eng ineer ’s dec is ion in th is case sha l l be f ina l .

62 . Leve ls

A l l leve ls re fer red to in connec t ion w i th these Works are based on Great Tr igonometr ic survey (G.T .S. ) leve ls . The Cont rac tor shou ld a lso keep the leve l ing ins t rument in good Work ing cond i t ion th rough ou t the per iod o f cons t ruc t ion Work on s i te .

63 . Set t ing Out the Work .

The Eng ineer sha l l supp ly d imens ioned drawings , leve ls and o ther in fo rmat ion necessary to enab le the Cont rac tor to se t ou t the works . The Cont rac tor sha l l p rov ide a l l se t t ing ou t appara tus a t h is own cos t , such as leve l ing ins t ruments in good work ing cond i t ion and app l iances , a l l pegs , rang ing rods , long measur ing rods , marked met res and organ isa t ion and each metre and organ isa t ion numbered, po ts and s igh t - ra i ls , bon ing rods , mou lds , templa tes , e tc . together w i th any reasonab le number o f labourers tha t may be reu i red and se t ou t the work and be respons ib le fo r the accuracy o f the same. The Contrac tor sha l l amend a t h is own cos t and to the sa t is fac t ion o f the Eng ineer any er ror found a t any s tage wh ich may ar ise th rough inaccura te se t t ing ou t . The Cont rac tor sha l l p ro tec t and preserve a l l bench marks used in se t t ing ou t the work t i l l the end o f Defec ts L iab i l i t y per iod un less the Eng ineer d i rec ts i t s ear ly remova l . The Cont rac tor shou ld

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a lso keep leve l ing ins t rument in good work ing cond i t ion th roughout the per iod o f cons t ruc t ion work on s i te .

64 . Works C losed Between Sunset and Sunr ise or on Sundays and Ho l idays

No Work sha l l be done be tween sunset and sunr ise o r on Sunday or Mun ic ipa l ho l idays and except w i th the spec ia l sanc t ion o f the Eng ineer in wr i t ing prev ious ly ob ta ined and the w i thho ld ing o f such sanc t ions sha l l be no ground o f compla in t on the par t o f con t rac to r o r cause fo r compensat ion to h im, o r excuse fo r no t complet ing the Work w i th in the cont rac t per iod . The per iod w i th in wh ich the Work has to be car r ied ou t and comple ted has been f i xed in terms o f th is c lause w i th the prov is ion tha t the to ta l number o f hours o f Work permiss ib le sha l l no t exceed 48 hours in a week and in no case more than 8 hours on any Work ing day , the ac tua l t ime w i th in wh ich the sa id hours sha l l be Worked be ing sub jec t to mutua l a r rangements w i th the Cont rac tor a t the commencement o f the Works or f rom t ime to t ime as may be requ i red and prov ided tha t a l l Works sha l l be s topped fo r res t and mea ls fo r one hour a t about mid-day exc lus ive o f the permiss ib le hours a foresa id fo r the Works . Though sanc t ion may be accorded to the Cont rac tor to Work on days and a t t imes o therw ise normal ly non-permiss ib le under th is Contrac t , the Cont rac tor sha l l be requ i red to bear the cos t fo r such superv is ion as in the op in ion o f the Eng ineer may be necessary a t these t imes. I t shou ld be d is t inc t l y unders tood tha t the gran t ing o f permiss ion to Work ex t ra hours o r to Work on Sundays and ho l idays w i l l be en t i re ly a t the d isc re t ion o f the Engineer and cannot be c la imed by the cont rac tor as a mat te r o f r igh t . I f on the o ther hand the Eng ineer requ i res tha t the Work sha l l be proceeded w i th on days and a t t imes o therw ise normal ly non-permiss ib le under th is cont rac t the cont rac tor sha l l p roceed w i th the Work bu t he w i l l no t be requ i red in such cases to bear the cos t o f the Mun ic ipa l es tab l ishment employed a t the t ime. The cont rac tor a t a l l t imes dur ing the cont inuance o f th is cont rac t sha l l in a l l h is dea l ings w i th loca l labour for the t ime be ing employed on the Works contempla ted by th is cont rac t have due regard to a l l loca l fes t i va ls and re l ig ious or o ther cus toms and a l l d ispu tes , mat te rs and ques t ions ar is ing be tween the cont rac to r and any o f h is agent on the one hand and any loca l labour on the o ther hand w i th respec t to any mat te r o r th ing in any way connected w i th th is con t rac t sha l l be dec ided by the Commiss ioner whose dec is ion sha l l be f ina l and b ind ing on a l l par t ies .

65 . Work to be in Accordance w i th Cont rac t .

The Contractor shall execute and complete the Works and remedy any defects therein in strict accordance with the Contract to the satisfaction of the Engineer.

66 . Dut ies and Powers o f the Eng ineer ’s Representa t ive

The duties of the representative of the Engineer are to check, watch and supervise Work and to test and examine any material to be used or Workmanship employed in connection with the Works. He shall have no authority to relieve the Contractor of any of his duties or obligations under the contract nor to except as expressly provided here under or elsewhere in the contract to order any Work involving delay or any extra payment by the Corporation or to make any variation of or in the Works. Fa i lu re o f the representa t ive o f the Eng ineer to d isapprove any Work or mater ia l sha l l no t p re jud ice the power o f the Eng ineer therea f te r to d isapprove such Work or mater ia l and to order the pu l l ing down, remova l o r b reak ing up thereof . I f the cont rac tor sha l l be d issa t is f ied w i th any dec is ion o f the representa t ive o f the Eng ineer he sha l l be en t i t led to re fe r the mat te r to the Eng ineer who sha l l thereupon conf i rm, reverse or very such dec is ion .

67 . Eng ineer ’s The who le o f the Work sha l l be under the d i rec t ion o f the

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Dec is ion

Eng ineer , whose dec is ion sha l l be f ina l , conc lus ive and b ind ing on a l l par t ies to the cont rac t , on a l l ques t ions re la t ing to the cons t ruc t ion and mean ing o f p lans , Work ing drawings , sec t ions and spec i f ica t ions connected w i th the Work .

68 . Ins t ruc t ions to Cont rac tor

The Cont rac tor o r h is agent sha l l be in a t tendance a t the s i te (s ) dur ing a l l Work ing hours and sha l l superv ise the execut ion o f the Works w i th such add i t iona l ass is tance in each t rade as the Eng ineer may cons ider necessary. Orders g iven to the Cont rac tor ’s agent sha l l be cons idered to have the same fo rce as i f they had been g iven to the Cont rac tor h imse l f . The Engineer shall communicate or confirm his instruction to the Contractor in respect of the execution of Work in a “Works site order Book” maintained in the office of the Engineer and the Contractor or his authorised representative shall confirm receipt of such instructions by signing the relevant entries in this book. If required by the Contractor he shall be furnished a certified true copy of such instruction(s). If the Contractor fails to comply with the instruction(s) of the Engineer, the Engineer may impose the daily penalty of Rs.500 (Rupees Five Hundred) for each of such defaults. This penalty will not prejudice the right of the Municipal Commissioner or the Engineer to claim compensation.

69 . Work Order Book

A Work order book sha l l be main ta ined on s i te and i t sha l l be the proper ty o f Corpora t ion and the Contrac tor sha l l p rompt ly s ign orders g iven there in by Eng ineer o r h is representa t ives and h is super io r o f f i cers and comply w i th them. The Cont rac tor sha l l repor t the compl iance in good t ime so tha t i t can be checked. The cont rac tor w i l l be a l lowed to copy ou t ins t ruc t ion there in f rom t ime to t ime.

70 . Management Meet ing

E i ther the Eng ineer or the Contrac tors may requ i re the o ther to a t tend Management meet ing . The bus iness o f a management meet ing sha l l be to rev iew the p lans fo r remain ing Works . Eng ineers sha l l record the bus iness o f management meet ings and is to p rov ide cop ies o f h is record to those a t tend ing the meet ings . The respons ib i l i t y o f the par t ies fo r ac t ions to be taken is to be dec ided by the Eng ineer e i ther a t the management meet ings or a f te r the management meet ings and s ta ted in wr i t ing to a l l who a t tend the meet ings .

71 . Mater ia ls (a) Material to be provided by the Contractor: The Contractor shall, at his own expense, provide all materials required for the Works. All materials to be provided by the Contractor shall be in conformity with the specifications laid down in the contract and the Contractor shall, furnish proof to the satisfaction of the Engineer that the materials so comply. Contractor shall produce proof viz. challans, bills, vouchers etc. so as to ensure that the material was brought on site and quantities used as per the norms, specifications etc. Of f i cers o f the Corpora t ion concerned w i th the Work sha l l be en t i t led a t any t ime to inspec t and examine any mater ia l in tended to be used in o r on the Works e i ther on the s i te o r a t fac tory o r Workshop or o ther p laces where such mater ia ls are assembled, fabr ica ted or manufac tured or a t any p lace(s) where these are lay ing or f rom which these are be ing ob ta ined and the Cont rac tor sha l l g ive such fac i l i t ies as may be requ i red fo r such inspec t ion and examinat ion . The mater ia ls b rought on s i te ou ts ide Work ing hours sha l l be s tacked separa te ly t i l l they are inspec ted by the Eng ineer or h is representa t ive . A l l mater ia ls b rought to the s i te sha l l no t be removed o f f the s i te w i thout the pr io r wr i t ten approva l o f the Eng ineer . But whenever the Works are f ina l l y comple ted the Cont rac tor sha l l a t h is own expense fo r thw i th remove f rom the s i te a l l surp lus mater ia ls o r ig ina l l y supp l ied by h im. The Cont rac tor sha l l , a t h is own expense and w i thout de lay , supp ly to the Eng ineer samples o f mater ia ls p roposed to be used in the Works . The Eng ineer sha l l

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wi th in seven days o f supp ly o f samples or w i th in such fu r ther per iod as he may requ i re and in t imated to the Cont rac tor in wr i t ing , in fo rm the Cont rac tor whether the samples are approved by h im or no t . I f the samples are no t approved the Cont rac tor sha l l fo r thwi th ar range to supp ly to the Eng ineer for approva l f resh samples comply ing w i th the spec i f ica t ions la id down in the cont rac t . The Eng ineer sha l l have fu l l powers to requ i re remova l o f any or a l l o f the mater ia ls b rought to s i te by the Cont rac tor wh ich are no t in accordance w i th the cont rac t spec i f i ca t ions or wh ich do no t conform in charac ter o r qua l i t y to the samples approved by h im. In case o f de fau l t on the par t o f the Cont rac tor in remov ing the re jec ted mater ia ls , the Eng ineer sha l l be a t l iber ty to have them removed by o ther means. The Eng ineer sha l l have fu l l powers to p rocure o ther proper mater ia ls to be subst i tu ted fo r re jec ted mater ia ls and in the event o f the Cont rac tor re fus ing to comply , he may cause the same to be supp l ied by o ther means. A l l cos ts , wh ich may a t tend upon such remova l and/or subst i tu t ion sha l l be borne by the Cont rac tor . Sub jec t as here ina f te r p rov ided in C lause No.98 a l l charges on account o f Oc t ro i , te rmina l o r sa les tax and o ther du t ies on mater ia l ob ta ined fo r the Works f rom any source sha l l be borne by the Cont rac tor . The Engineer shall be entitled to have tests carried out as specified in the contract for any materials supplied by the Contractor other than those for which as stated above, satisfactory proof has already been produced, at the cost of the Contractor and the Contractor shall provide at his expense all facilities which the Engineer may require for the purpose. If no tests are specified in the contract, and such tests are required by the Engineer the Contractor shall provide all facilities required for the purpose and charges for these tests shall be borne by the Contractor only if the tests disclose that the said materials are not in accordance with the provision of the contract. The cos t o f the mater ia ls consumed in tes t sha l l be borne by the Cont rac tor in a l l cases except when o therw ise prov ided. For carrying out tests on soil, cement, sand, aggregate, brick and concrete etc. the standard will be as prescribed in relavant I.S. The Engineer may direct the Contractors to get the samples of materials tested in CIDCO, PWD, VJTI, IIT, or any approved laboratory out of those accredited by National Accreditation Board of Laboratories, Govt. of India. The results of the tests shall be binding on the Contractor and Corporation. In case the Contractor disputes the results of tests, it is open for him to ask for the re-testing in which case the cost shall be borne by the Contractor. The decision of the Engineer on acceptability or re-testing by Corporation or testing again independently in VJTI or IIT will be binding on both the parties to the contract.

72 . S tock o f Mater ia ls Requ i red

(a )The Cont rac tor sha l l a t h is own expense prov ide and fu rn ish h imse l f w i th sheds and yards in such s i tua t ions and in such numbers as , in the op in ion o f the Eng ineer are requ is i te fo r car ry ing ou t the Works under th is cont rac t , and the Cont rac tor sha l l keep a t each o f such sheds and yards a suf f i c ien t quant i t y o f mater ia ls in s tock so as no t to de lay the car ry ing ou t the Works w i th due exped i t ion and the Eng ineer and h is sub-ord ina tes sha l l have f ree access to the sa id sheds or yards a t any t ime fo r the purpose o f inspec t ing the s tock o f mater ia ls so kept in hand any mater ia l o r a r t i c le , wh ich the Eng ineer may ob jec t to , sha l l no t be brought upon or used in the Work bu t sha l l be fo r thwi th removed f rom the sheds or yards by the Cont rac tor a t h is own cos t . The Cont rac tor w i l l however be a l lowed to use for the above purpose the comple ted por t ion o f the bu i ld ings i f ava i lab le .

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(b) General : Cement b rought on s i te by the Cont rac tors sha l l be s to red in waterproo f godown w i th two locks on each door . The key o f one lock o f each door sha l l remain w i th the Eng ineer o r h is representa t ive and that o f the o ther lock w i th the Cont rac tor ’s organ isa t ion agent a t s i te o f Works so tha t cement i s removed f rom the godown on ly accord ing to da i l y requ i rements w i th the knowledge o f bo th the par t ies .

73 . Produc t ion o f Vouchers

The Cont rac tor sha l l , p roduce a l l quo ta t ions , invo ices vouchers and accounts o r rece ip ts e tc . to p rove tha t the mater ia ls supp l ied by h im are in conformi ty w i th the spec i f i ca t ions la id down in the Cont rac t and the same are brought to the s i te and u t i l i zed on the sa id Works .

74 . P lan t and ’ Equ ipment

The Contractor shall arrange at his own expense all tools, plant and equipment required for execution of Works. If required by the Contractor and if available the Corporation may supply such of the tools, plant and equipment as are available, to the Contractor at the rates and terms to be specified by the Engineer. No tools, plant and equipment once brought to the Work site shall be removed without the written permission or order of the Engineer, until he has certified the completion of the Work. I f any Too ls , P lan ts and equ ipment b rought on s i te , a re in the op in ion o f the Eng ineer ine f f i c ien t , bad or o f in fe r io r qua l i t y o r a re unsu i ted fo r the Works then such too ls , p lan t and equ ipment sha l l no t be used on the Works bu t sha l l be removed by the Cont rac tor a t h is own expense w i th in twenty four hours a f te r the serv ice o f a wr i t ten order o r no t ice f rom the Eng ineer to that e f fec t and f resh too ls , p lan t and equ ipment be subs t i tu ted in l ieu o f tha t o rdered to be removed by the Eng ineer .

75 . Inspec t ion & Approva l

A l l Works embrac ing more than one process sha l l be sub jec t to examinat ion and approva l a t each s tage thereo f and the Cont rac tor sha l l g ive due not ice to the Eng ineer or h is o rgan isa t ion representa t ive when each s tage is ready . In de fau l t o f such not ice , the Eng ineer sha l l be en t i t led to appra ise the qua l i t y and ex ten t thereof . No Work shall be covered up or put out of view without the approval of the Engineer or his organisation representative and the Contractor shall afford full opportunity for examination and measurement of any Work which is about to be covered up or out of view and for examination of foundation before permanent Work is placed thereon. The Contractor shall give due notice to the Engineer or his organisation representative whenever any such Work or foundation is ready for examination and the Engineer or his representative shall without unreasonable delay, unless he considers it necessary and informs the Contractor in writing accordingly, attend for the purpose of examining and measuring such Work or examining such foundations. In the event of the failure of the Contractor to give such notice he shall, if required by the Engineer, uncover such Work at the Contractor’s expense. Departmental officers concerned with the Works shall have powers at any time to inspect examine any part of the Works and the Contractor shall give such facilities as may be required for such inspection & examination.

76 . Uncover ing and Mak ing Good

No par t o f the Works sha l l be covered up or pu t ou t o f v iew wi thout the approva l o f the Eng ineer . The Cont rac to r sha l l uncover any par t o f the Works and/or make open ing in o r th rough the same as the Eng ineer may f rom t ime to t ime d i rec t fo r h is ver i f i ca t ion and sha l l re ins ta te and make good such par t to the sa t is fac t ion o f the Eng ineer , i f any such par t has been covered up or pu t ou t o f v iew a f te r be ing approved by the Eng ineer and is subsequent ly found on uncover ing to be executed in accordance w i th the cont rac t , the expenses o f uncover ing and/or mak ing open ings in o r th rough, re ins ta t ing and mak ing good the same sha l l be borne by the Corpora t ion . In any o ther case a l l such expenses sha l l be borne by the Cont rac to r .

77 . Cont rac tor to Search

The Cont rac tor sha l l , i f requ i red by the Eng ineer in wr i t ing , search under the d i rec t ion o f the Eng ineer fo r the cause o f

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any de fec t , imper fec t ion or fau l t appear ing dur ing the progress o f the Work or in the per iod o f ma in tenance. Un less such de fec t , imper fec t ion or fau l t sha l l be one fo r wh ich the Cont rac tor i s l iab le under the cont rac t , the cos t o f the Work car r ied ou t by the Cont rac tor in search ing as a fo resa id sha l l be borne by the Corpora t ion . I f such de fec t , imper fec t ion or fau l t sha l l be one fo r wh ich Cont rac tor i s l iab le as a foresa id , the cos t o f the Work car r ied ou t in search ing as a foresa id sha l l be borne by the Cont rac tor and he sha l l in such case repa i r , rec t i f y and make good such de fec t , imper fec t ion or fau l t , a t h is own expense.

78 . Defau l t o f Cont rac tor in Compl iance

In case o f de fau l t on the par t o f the Cont rac tor in car ry ing ou t such ins t ruc t ion w i th in the t ime spec i f ied there in o r , i f non , w i th in a reasonab le t ime, the Corpora t ion sha l l be en t i t led to employ any o ther persons to car ry ou t the same and a l l cos ts consequent thereon or inc identa l there to sha l l , a f te r due consu l ta t ion w i th the Corpora t ion and the Cont rac tor , be de termined by the Eng ineer and sha l l be recoverab le f rom the Cont rac tor by the Corpora t ion f rom any mon ies due or to become due to the Cont rac tor and the Eng ineer sha l l not i f y the Cont rac to r accord ing ly .

79 . Urgent Works I f any Urgent Work ( in respec t whereof the dec is ion o f the Eng ineer sha l l be f ina l and b ind ing) becomes necessary and the Cont rac tor i s unab le o r unwi l l ing a t once to car ry i t ou t , the Eng ineer may by h is own or o ther Work peop le , car ry i t out as he may cons ider necessary . I f the urgent Work sha l l be such as the Cont rac to r is l iab le under the cont rac t to car ry out a t h is expense a l l expense incur red on i t by the Corpora t ion sha l l be recoverab le f rom the Cont rac tor and be ad jus ted or se t o f f aga ins t any sum payab le to h im.

PART – IV T IME SCHEDULE AND DELAYS

80. Commencement T ime

The t ime a l lowed fo r execut ion fo r the Works as spec i f ied in the cont rac t documents sha l l be the essence o f the cont rac t . The execut ion o f the Works sha l l commence f rom the da te spec i f ied by the Eng ineer in wr i t ing . I f the Cont rac tor fa i l s o r neg lec ts to commence the execut ion o f the Works as a foresa id , the Corpora t ion sha l l w i thout pre jud ice to any o ther r igh t or remedy be a t l iber ty to fo r fe i t the secur i ty depos i t abso lu te ly .

81 . Ex tens ion o f T ime fo r Comple t ion due to Monsoon.

In any case where the t ime prescr ibed fo r comple t ion o f any Work is exc lus ive o f monsoon per iod. No new t rench Work should be s ta r ted a f te r 15Pt h P May and ex is t ing t renches are requ i red to be re ins ta ted by 31Ps t P May every year . The s i te sha l l be c leared in a l l respec t inc lud ing remova l o f surp lus mater ia l on or be fore 10Pt h P June o f every year . The monsoon per iod sha l l be deemed to be f rom 10Pt h P June to 30Pt h P Sept . o f the ca lendar year . However , i f the Cont rac tor is permi t ted by the Eng ineer to Work dur ing any monsoon. Per iod , a l l such per iod sha l l be taken in to account fo r the ca lcu la t ing the cont rac t per iod on pro- ra ta bas is as under . Cos t o f Work done E f fec t ive dur ing monsoon days = - - - - - - - - - - - - - - - - - x No. o f days o f To ta l cos t o f Cont rac t per iod Cont rac t Work In the event o f the Cont rac tor fa i l ing to comply w i th th is cond i t ion . He sha l l be l iab le to pay as compensat ion as s ta ted in C lause No.90.

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82. Ex tens ion o f T ime due to Unforsean events

I f the work be de layed by – (a )Force measure such as ac ts o f God, ac t o f pub l ic enemy, ac t o f government , f loods , ep idemics e tc . o r (b) Abnormal ly bad weather , o r I Ser ious loss or damage by f i re o r

(d ) C iv i l commot ion , loca l combinat ion o f workmen, s t r ike or lockout a f fec t ing any o f the t rades employed on the work , o r

(e ) De lay on the par t o f o ther Contrac tor o r t radesmen engaged by the Mun ic ipa l Corpora t ion in execut ing works no t fo rming par t o f the cont rac t o r

( f ) The reasons s ta ted in cond i t ion No 84 and 85 . (g ) Any o ther cause, in the abso lu te d isc re t ion o f the Eng ineer . Then upon the happen ing o f any such event caus ing de lay , the Cont rac tor sha l l immedia te ly g ive no t ice there o f in wr i t ing to the Eng ineer but sha l l never the less use cons tan t ly h is bes t endeavors to p revent o r make good the de lay and sha l l do a l l tha t may be reasonab le requ i red to the sa t is fac t ion o f the Eng ineer to p roceed w i th the work . Reques t fo r ex tens ion o f t ime, to be e l ig ib le fo r cons idera t ion sha l l be made by the Cont rac to r in wr i t ing w i th in 14 ( four teen) days o f the happening o f the event caus ing de lay . The Cont rac tor may a lso , i f p rac t icab le ind ica te in such a reques t the per iod for wh ich ex tens ion is des i red . In any such case, the eng ineer may g ive a fa i r reasonab le ex tens ion o f t ime fo r complet ion o f ind iv idua l i tems or g roups o f i tems o f work fo r wh ich separa te per iods o f comple t ion are spec i f ied in the cont rac t o r the contac t as who le . The dec is ion o f the Eng ineer in regard to the ex tens ion w i l l be communica ted to the Contrac tor in wr i t ing w i th in a reasonab le t ime and the Cont rac tor sha l l a lso be pa id such compensat ion tha t in the op in ion o f the Eng ineer i s fa i r and reasonab le to cover the de lays resu l t ing f rom the prov is ions under the sub c lause (e) above. The t ime ex tended for comple t ing the work sha l l be the essence o f the cont rac t fo r the per iod ex tended.

83 . Network Schedule & Monthly Progress Reports

(a )On award o f the cont rac t , the Cont rac tor sha l l submi t the t ime schedu le for the Works in the ‘ fo rm o f PERT Net Works or Bar char t . (b) The schedules shall be prepared in direct relations to the time stated in the contract documents for completion of items or groups of items of Work and or the contract as a whole. It shall indicate the dates of commencement and completion of various activities of the Work. And shou ld conta in no ac t iv i t ies w i th a dura t ion grea ter than 28 days . Mi les tones wou ld be so de termined tha t a t leas t 10 percent o f the events a re mi les tones and no two mi les tones are more than 3 months apar t . The Engineer may approve the Schedule as submitted or suggest modifications as he thinks necessary. The Contractor shall modify the chart accordingly and obtain Engineer’s approval. (c )The f ina l i zed Network may be amended f rom t ime to t ime, i f fe l t necessary by the Cont rac tor , w i th the approva l o f the Eng ineer . (d )A f i xed sum sha l l be he ld in abeyance a t the t ime o f the nex t in te r im payment fo r non-a t ta inment o f each mi les tone in the Network and sha l l be re leased on ly on comple t ion o f the Work a f te r deduc t ing the compensat ion fo r de lay i f there is Cont rac tor ’s fau l t as per p rov is ion in C lause No. 86 and pena l ty covered under C lause No. 53 . The f i xed sum sha l l be :

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Rs.10,000/- for all contracts over Rs.25 Lakhs and upto the value of Rs.100 Lakhs. Rs.20,000/- for all contracts over Rs. 1 crore and upto the value of Rs.5 crores Rs.35,000/- for all contracts over Rs. 5 crores and upto the value of Rs.10 crores. Rs.50,000/- for all contracts over Rs.10 crores. If the attainment of the milestones is delayed for reason not attributable to the Contractors no moneys will be held in abeyance.

84 . D is rup t ion o f Progress fo r Lack o f Drawings .

The Cont rac tor sha l l g ive wr i t ten no t ice to the Eng ineer whenever p lann ing or p rogress o f the Works is l i ke ly to be de layed or d is rup ted un less any fu r ther drawing or order , inc lud ing a d i rec t ion , ins t ruc t ion or approva l , i s i ssued by the Eng ineer w i th in a reasonab le t ime. The no t ice sha l l inc lude deta i l s o f the drawing or o rder requ i red and o f why and by when i t i s requ i red and o f any de lay or d is rup t ion l i ke ly to be su f fe red i f i t i s la te .

85 . De lays o f Drawings

I f by reason o f any fa i lu re or inab i l i t y o f the Eng ineer to i ssue w i th in a t ime reasonab le in a l l the c i rcumstances any drawing or o rder reques ted by the Cont rac tor in accordance w i th the c lause 84 o f th is cond i t ion the Cont rac tor su f fe rs de lay , then the Eng ineer sha l l take such de lay in to account in de termin ing any ex tens ion o f t ime to wh ich the Cont rac tor i s en t i t led under sub-c lause (g) o f C lause No. 82 hereof . No mon i ta ry c la im w i l l be en ter ta ined on th is account .

86 . Month ly Repor t The Cont rac tors w i l l be requ i red to submi t the month ly p rogress repor ts by the 2Pn d P day o f the fo l low ing month to the Eng ineer Fa i lu re on the par t o f the Cont rac tor to submi t month ly repor t in t ime w i l l a t t rac t ac t ion as per C lause No.83 .

87 . Rate o f Progress .

I f fo r any reason, wh ich does not en t i t le the Cont rac tor to an ex tens ion o f t ime, the ra te o f p rogress o f the Works or any Sect ion is a t any t ime, in the op in ion o f the Eng ineer , too s low to comply w i th the T ime fo r Comple t ion , the Eng ineer sha l l so no t i f y the Cont rac tor who sha l l thereupon take such s teps as are necessary , sub jec t to the consent o f the Eng ineer , to exped i te p rogress so as to comply w i th the T ime fo r Comple t ion . The Cont rac tor sha l l no t be en t i t led to any add i t iona l payment fo r tak ing such s teps . I f , as a resu l t o f any no t ice g iven by the Eng ineer under th is C lause, the Cont rac tor cons iders tha t i t i s necessary to do any Work a t n igh t o r on loca l l y recogn ized days o f res t , he sha l l be en t i t led to seek the consent o f the Eng ineer so to do . Prov ided that i f any s teps , taken by the Cont rac tor in meet ing h is ob l iga t ions under th is C lause, invo lve the Corpora t ion in add i t iona l superv is ion cos ts , such cos ts sha l l be de termined by the Eng ineer and sha l l be recoverab le f rom the Cont rac tor , and may be deducted by the Corpora t ion f rom any mon ies due or to become due to the Cont rac tor and the Eng ineer sha l l no t i f y the Cont rac tors accord ing ly .

88 . Suspens ion o f Work

(a )The Cont rac tor sha l l , on rece ip t o f the order in wr i t ing o f the Engineer , suspend the progress o f the Works or any par t thereo f fo r such t ime and in such manner as the Eng ineer may cons ider necessary fo r any o f the fo l low ing reasons : - (i) On account of continued non-compliance of the instructions of the Engineer or any other default on the part of the Contractor, or i i ) fo r proper execut ion o f the Works or par t thereo f fo r

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reasons o ther than the de fau l t o f the Cont rac tor , or ( i i i ) fo r sa fe ty o f the Works or par t thereo f . The Contractor shall, during such suspension, properly protect and secure the Works to the extent necessary and carry out the instructions given in that behalf by the Engineer. (b) If the suspension is ordered for reasons (ii) and (iii) in sub-para (a) above, the Contractor shall be entitled to an extension of time equal to the period of every such suspension plus a reasonable time as decided by the Engineer. I I f the suspens ion is o rdered fo r reasons o f ( i ) in sub-para (a ) above, the Eng ineer sha l l have powers to suspend the payment under the cont rac t . Such suspens ion o f payment may be cont inued unt i l de fau l t sha l l have been rec t i f ied .

89 . S toppage / A l te ra t ion / Res t r i c t ion o f Work .

1 ) I f a t any t ime a f te r the execut ion the cont rac t documents the Eng ineer sha l l fo r any reason whatsoever (o ther than de fau l t on the par t o f Cont rac tor fo r wh ich the corpora t ion is en t i t led to resc ind the con t rac t ) des i res tha t the who le or any par t o f the Work spec i f ied in the tender shou ld be suspended fo r any per iod or tha t the whole o r par t o f the Work shou ld no t be car r ied ou t , a t a l l he sha l l g ive to the Contrac to r a no t ice in wr i t ing o f such des i re and upon the rece ip t o f such no t ice the Cont rac tor sha l l fo r thwi th suspend of s top the Work who l ly o r in a r t as requ i red , a f te r hav ing due regard to the appropr ia te s tage a t wh ich the Work shou ld be s topped or suspended so as no t to cause any damage or in ju ry to the Work a l ready done or endanger the sa fe ty there o f prov ided tha t the dec is ion o f the Eng ineer as to the s tage a t wh ich the Work or any par t o f i t cou ld be or cou ld have been sa fe ly s topped or suspended sha l l be f ina l and conc lus ive aga ins t the Cont rac tor . The Cont rac tor sha l l have no c la im to any payment o r compensat ion whatsoever by reason o f o r in pursuance o f any no t ice as a foresa id , on account o f any suspens ion , s toppage or cur ta i lment except to the ex ten t spec i f ied here ina f te r .

2 ) Where the to ta l suspens ion o f Work ordered as

a fo resa id cont inued fo r a con t inues per iod exceed ing 90 days the Cont rac tor sha l l be l iber ty to w i thdraw f rom the cont rac tua l ob l iga t ions under the cont rac t so fa r as i t per ta ins to unexecuted par t o f the Work by g iv ing a 10 days pr io r no t ice in wr i t ing to the Eng ineer , w i th in 30 days o f the exp i ry o f the sa id per iod o f 90 days , o f such in ten t ion and requ i r ing the Eng ineer to record the f ina l measurement o f the Work a l ready done and to pay f ina l b i l l . Upon g iv ing such no t ice the Cont rac tor sha l l be deemed to have been charged f rom h is ob l iga t ions to comple te the remain ing unexecuted Work under h is cont rac t . On rece ip t o f such no t ice the Eng ineer sha l l p roceed to comple te the measurements and make such payments as may be f ina l l y due to the Cont rac tor w i th in a per iod o f 90days f rom the rece ip t o f such not ice in respec t o f the Work a l ready done by the Cont rac tor . Such payment sha l l no t in any manner p re jud ice the r igh t o f the Cont rac tor to any fu r ther compensat ion under the remain ing prov is ions o f th is c lause.

3 ) Where the Eng ineer requ i red the Cont rac tor to

suspend the Work fo r a per iod in excess o f 30 days a t any t ime or 60 days in the aggregate , the Cont rac tor sha l l be en t i re to app ly to the Eng ineer w i th in 30 days o f the resumpt ion o f Work a f te r such suspens ion fo r payment o f compos i t ion to the ex ten t o f pecun iary loss su f fe red by h im in respec t o f Work ing mach inery remain idea l on the s i te o f on the account o f h is hav ing and to pay the sa lary o r wages o f , labour engaged by h im dur ing the sa id per iod

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of suspens ion prov ided a lways tha t the Cont rac tor sha l l no t be en t i t led to any c la im in respec t o f any such Work ing mach inery , sa lary o r wages fo r the f i rs t 30 days whether consecut ive or in the aggregate or such suspens ion or in respec t or any suspens ion whatsoever occas ioned by unsat is fac tory Work or any o ther de fau l t on h is par t . The dec is ion o f the Eng ineer in th is regard sha l l be f ina l and conc lus ive aga ins t the Cont rac tor .

4 ) In the event o f – i ) Any to ta l s toppage o f Work on no t ice f rom

Eng ineer under sub c lause (1) in tha t beha l f .

i i ) Wi thdrawal by the Cont rac tor f rom the cont rac tua l ob l igat ions comple te the remain ing unexecuted Work under sub c lause (2 ) on account o f con t inued suspens ion o f Work fo r a per iod exceeding 90 days . I t sha l l be open to the Cont rac tor , w i th in 90 days f rom the serv ice o f ( i ) the no t ice o f s toppage o f Work or ( i i ) the no t ice o f w i thdrawal f rom the cont rac tua l ob l iga t ions under the cont rac t on account o f the cont inued suspens ion o f Work ( i i i ) no t ice under c lause 20 (1 ) resu l t ing in such cur ta i lment to p roduce to the Eng ineer sa t is fac tory documentary ev idence tha t he had purchased or agreed to purchase mater ia l fo r use in the cont rac ted Work , be fore rece ip t by h im o f the no t ice o f s toppage, suspens ion or cur ta i lment and requ i re Government to take over on payment such mater ia l a t the ra ted de termine by the Eng ineer p rov ided, however , such ra tes sha l l in no case exceed the ra tes a t wh ich the same was acqu i red by the Cont rac tor . The corpora t ion sha l l therea f te r take over the mater ia ls so o f fe red , p rov ided the quant i t ies o f fe red , a re no t in excess o f the requ i rements o f the unexecuted Work as spec i f ied in the accepted tender and are o f qua l i t y and spec i f i ca t ions approved by the Eng ineer .

90 . L iqu ida ted Damages fo r De lay .

I f the Cont rac tor fa i ls to complete the Works and c lear the S i te on or be fore the Cont rac t o r ex tended Date(s ) /per iod(s ) o f comple t ion, he sha l l , w i thout p re jud ice to any o ther r igh t o r remedy o f Corpora t ion on account o f such breach, pay as agreed compensat ion , amount ca lcu la ted as s t ipu la ted be low (o r such smal le r amount as may be f i xed by the Eng ineer ) on the Cont rac t Va lue o f the who le Work or on the Contrac t Va lue o f the i tem or g roup o f i tems of Work fo r wh ich separa te per iod o f comple t ion are g iven in the cont rac t and o f wh ich comple t ion is de layed for every week tha t the who le o f the Work o f i tem or g roup o f i tems o f Work concerned remains uncomple ted , even though the cont rac t as a who le be comple ted by the cont rac t or the ex tended da te o f comple t ion . For th is purpose the te rm “Cont rac t Va lue” sha l l be the va lue o f the Work a t Cont rac t Rates as ordered inc lud ing the va lue o f a l l dev ia t ions ordered: (a )Comple t ion per iod fo r @ 1 percent (o r ig ina l l y s t ipu la ted per week o r as ex tended ) no t exceed ing 6 months (b ) Comple t ion per iod fo r @1/2 percent (as or ig ina l l y s t ipu la ted per week as ex tended ) exceed ing 6 months and no t exceed ing 2 years (c )Comple t ion per iod (as @ ¼ percent o r ig ina l l y s t ipu la ted per week o r as ex tended ) exceeding 2 years the under no ted percentage o f the Cont rac t Va lue o f the

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i tem or g roup o f i tems o f Work fo r wh ich a separa te per iod o f comple t ion is g iven. When the delay is not a full week or in multiple of a week but involves a fraction of a week the compensation payable for that fraction shall be proportional to the number of days involved. Prov ided a lways tha t the to ta l amount o f compensat ion fo r de lay to be pa id th is cond i t ion sha l l no t exceed (a )Complet ion per iod (as 10 percent o r ig ina l l y s t ipu la ted o r as ex tended ) . Not exceed ing 6 months (b ) Comple t ion per iod 7 ½ percent (as or ig ina l l y s t ipu la ted o r as ex tended ) exceed ing 6 months and no t exceed ing 2 years (c )Comple t ion per iod 5 percent (as or ig ina l l y s t ipu la ted o r as ex tended ) exceed ing 2 years The amount o f l iqu ida ted damages may be ad jus ted se t o f f aga ins t any sum payab le to the Cont rac tor under th is o r any o ther cont rac t w i th the corpora t ion or f rom the secur i ty depos i t o f the Cont rac tor en t i re ly a t the d isc re t ion o f the corpora t ion .

PART – V BILLS AND PAYMENTS

91. Method o f Measurement

Except where any genera l or deta i led descr ip t ion o f the Work in b i l l s o f quant i t ies o r schedu le o f Works / i tems/quant i t ies express ly shown to the cont ra ry , b i l l s o f quant i t ies sha l l be deemed to have been prepared and measurements sha l l be taken in accordance w i th the procedure se t fo r th in the schedu le o f ra tes /spec i f i ca t ions no tw i ths tand ing any prov is ion in the re levant s tandard Method o f Measurement o r any genera l or loca l cus tom. In the case o f i tems, which are no t covered by the schedu le o f ra tes / spec i f ica t ions , measurement sha l l be taken in accordance w i th the re levant S tandard spec i f i ca t ions pub l ished by PWD Govt . o f Maharas t ra and fo r the works no t covered in th is pub l ica t ion , measurements sha l l be taken as per the codes by Bureau o f Ind ian s tandards . .

92 . Records and Measurement

The Cont rac tor sha l l submi t to the Eng ineer the month ly s ta tements o f the es t imated va lue o f the work completed less than the cumula t ive amount cer t i f ied prev ious ly . The month ly s ta tements sha l l be in the b i l l fo rm spec i f ied by the Eng ineer and i t sha l l be submi t ted on or be fore the da te ins t ruc ted by the Eng ineer . These month ly b i l l s sha l l be suppor ted w i th deta i led measurements fo r the gross quant i t y o f the work done du ly deduct ing the gross quant i t y pa id in the prev ious b i l l . The Cont rac tor i s permi t ted to copy down the cor rec t ions in the b i l l s pa id as per the Eng ineers cer t i f i ca t ion . Upon rece ip t o f the b i l l and measurements by the Cont rac tors , the Eng ineer sha l l except as o therw ise s ta ted ascer ta in and de termine by measurement the va lue in accordance w i th the cont rac t o f work done in accordance therewi th . A l l i tems hav ing a f inanc ia l va lue sha l l be en tered in measurement Book e tc . as prescr ibed by the corpora t ion so tha t a comple te record is ob ta ined o f a l l the Works per formed under the cont rac t . Measurements sha l l be taken jo in t l y by the Eng ineer o r h is

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organ isa t ion representa t ive and by the Cont rac tor or h is o rgan isa t ion representa t ive . Before tak ing measurements o f any work the Eng ineer or the person deputed by h im fo r the purpose sha l l g ive a reasonab le no t ice to the Cont rac tor . I f the Cont rac tor fa i l s to a t tend or send an organ isa t ion representa t ive fo r measurement a f te r such a no t ice or fa i l s to counters ign or the ob jec t ion w i th in a week f rom the da te o f measurement , then in any such event measurement taken by the Eng ineer o r by the person deputed by h im sha l l be taken to be cor rec t measurements o f the works and sha l l be b ind ing on the Cont rac tor . The Cont rac tor sha l l , w i thout any ex t ra charge , p rov ide ass is tance w i th every app l iance and o ther th ings necessary fo r measurements . Measurements sha l l be s igned and da ted by bo th par t ies each day (o f tak ing measurement ) on the s i te on comple t ion o f measurement .

93 . Payments o f B i l l s and Other C la ims

The payment o f b i l l s and o ther c la ims ar is ing ou t o f the cont rac t w i l l be made by Account Payee Cheque drawn in the name o f ‘Agency ’ .

94 . Fu l l Prov is ions The ra tes inser ted by the corpora t ion aga ins t var ious i tems o f Work de ta i led in var ious par ts o f schedu led sha l l be deemed to inc lude every a l lowance necessary , w i thout ex t ra measurement o r charge fo r meet ing the requ i rement o f var ious components / par ts o f the cont rac t documents (v iz par t i cu lar spec i f ica t ions , PWD of s tandard spec i f i ca t ions , Maharasht ra schedu le o f ra tes , MOST spec i f i ca t ions , B IS spec i f i ca t ions , Spec ia l Cond i t ions , p reambles and no tes to schedu le o f i tems descr ip t ion o f schedu le i tems wh ich sha l l a l l be read together and any or o f the fo l low ing un less spec i f i ca l l y prov ided fo r the cont rary .

a ) Compl iance w i th a l l the cond i t ions o f con t rac t inc lud ing Genera l Cond i t ions o f Cont rac t , schedu le o f ra tes and Quant i t ies , Par t i cu la r Spec i f i ca t ions , Drawings inc lud ing Notes thereon, Spec i f i ca t ions in s tandard Spec i f i ca t ions o f PWD of Maharasht ra and MJP re levant Ind ian Standard Spec i f ica t ions wherever app l icab le . However , in case o f any d isc repancy be tween drawing and tender , the tender i tem and spec i f ica t ion sha l l p reva i l . I f there is d isc repancy in tender spec i f ica t ions , the order o f p re ference sha l l be 1Ps t P spec i f i ca t ion o f Maharasht ra Sta te PWD, MJP, MOST and las t ly B IS.

b ) A l l labour , mater ia ls , too l and p lan ts , equ ipments and t ranspor t wh ich may be requ i red in prepara t ion fo r and in the fu l l and en t i re execut ion and comple t ion o f the Works inc lud ing waste o f mater ia ls , car r iage and car tage, car ry ing in , re tu rn o f empt ies , ho is t ing , se t t ing , f i x tu res and f i t t ings in pos i t ion .

c ) Loca l cond i t ions : Nature o f Works , loca l fac i l i t ies fo r supp ly o f labour and mater ia ls access ib i l i t y ’s to s i tes and a l l o ther mat te rs e f fec t ing the execut ion and complet ion o f the Works .

d ) Dut ies e tc : Payments o f any Oct ro i , Termina l Tax, Sa les Tax , Turnover Tax , Cont rac t Sa les Tax , To l l Tax , Ground Rent , Roya l ty , Env i ronmenta l Cess , Loca l Bod ies Cess , Taxes or any du t ies on mater ia ls ob ta ined fo r the Works and any du t ies in respec t o f pa tent r igh ts .

e ) Superv is ion : Competent superv is ion o f the Work . f ) Labour : Reasonab le te rms and cond i t ions o f

employment , l iab i l i t y to pay compensat ion , Wages as per s ta tu to ry enac tment ’s , temporary accommodat ion , san i ta t ion , compl iance w i th cont rac t labour ac t 1970 (Regu la t ion and Abo l i t ion) .

g ) Water : Prov is ion o f a l l water requ i red inc lud ing temporary p lumbing and connect ion .

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h) Temporary Work Shops, S tores , Of f i ces , Labour Camps e tc . Prov is ions o f such s t ruc tures requ i red fo r e f f i c ien t execut ion o f the Works and remov ing and c lean ing up s i te on comple t ion o f Works .

i ) Precaut ions Aga ins t R isks : Precaut ions to p revent loss or damage f rom a l l o r any r i sk , insurance o f sheds or any temporary accommodat ion prov ided by the corpora t ion watch ing and l igh t ing, p rov is ions per ta in ing to the Genera l Cond i t ions o f Cont rac t .

j ) Not ices , Fees e tc . : Compl iance w i th s ta tu to ry p rov is ions o f regu la t ions and/ o r bye laws o f any loca l au thor i ty and/ or any pub l ic serv ice company or au thor i ty a f fec ted by the Works .

k ) Set t ing the Works inc lud ing a l l appara tus requ i red . l ) S i te Dra inage: Remova l o f a l l water tha t may

accumula te due to spr ing , sub so i l water , f lood / t ides and any o ther causes on the s i te dur ing the progress o f the Work .

m) Execut ion o f Work in Workmanl ike manner , fac i l i t ies fo r inspec t ion e tc .

n ) Rect i f i ca t ion o f bad Work : Rec t i f i ca t ion and/ o r remova l and recons t ruc t ion o f any Work wh ich (as dec ided by the Eng ineer ) has been executed w i th unsound or imper fec t mater ia ls o r unsk i l led Workmansh ip or o f a qua l i t y in fe r ior to tha t cont rac ted fo r , whether dur ing cons t ruc t ion or recons t ruc t ion pr io r to the exp i ry o f the Defec t L iab i l i t y per iod .

o ) Respons ib i l i t y fo r damages and loss o f a l l cons t ruc t ion mater ia ls e tc . , a t the s i te un t i l hand ing over to the corpora t ion .

p ) Remova l o f Rubb ish : Remova l o f Rubb ish & debr is & c lean ing o f any d i r t be fore hand ing over a l l comple t ion o f woks .

q ) C lean ing s i te and Works : Remova l by the Cont rac tor o f f the s i te , o f any too ls , p la ts & mater ia ls and sweep ing bu i ld ing , wash ing f loors , c lean ing jo iner ies & remova l o f sp lashes o f aspha l t leav ing the who le s i te neat and t idy .

r ) Comple t ion : Comple t ing the Work to the sa t is fac t ion o f the Eng ineer on or be fore s t ipu la ted the da te o f comple t ion .

s ) D i f f i cu l t pos i t ion : Access ib i l i t y o r o therw ise to s i te , easy or d i f f i cu l t pos i t ion in Works .

t ) Er rors : Rec t i f i ca t ion o f a l l de fec ts dur ing cons t ruc t ion & de fec t l iab i l i t y per iod to the sa t is fac t ion o f Eng ineer .

u ) Curved Works e tc . Works o f any quant i ty , s ize or shape whether leve l , inc l ined, curved, ba t te red e tc .

v ) Maker ’s Ins t ruc t ion: Compl iance w i th make ’s ins t ruc t ions in the case o f propr ie ta ry a r t i c les , fac to ry made good o f p recas t i tems.

w) Waste : A l l was te laps , seams, jo in ts ( rough or fa i r cu t t ing) s t ra igh t / rak ing , c i rcu lar and mak ing good.

x ) Ar t i f i c ia l L igh ts : To inc lude a l l l i gh t ing /Kerosene or e lec t r ic power as the case may be when need ar ises for use o f l igh t ing wh i le car ry ing ou t Works . Cons t ruc t ion o f approaches to the s i te o f Work . Mak ing ar rangements fo r proper access to Works in the fo rm o f s ta i rs , ladders , l i f t s e tc . as ordered by the Eng ineer – in – Charge fo r p roper superv is ions , tes t ing and or inspec t ion o f Works inc lud ing mater ia l dur ing const ruc t ion & de fec t l iab i l i t y per iod .

95 . In te r im

Payment In te r im b i l ls sha l l be submi t ted by the Cont rac tor f rom t ime to t ime (but a t an in te rva l o f no t less than one month) fo r the Works executed . The Eng ineer sha l l a r range to have the b i l l s ver i f ied by tak ing or caus ing to be taken, where necessary , the requ is i te measurement o f Work . The jo in t measurement sha l l no t be an excuse fo r the Cont rac tor to

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submi t in te rmed ia te b i l l s a t month ly o r in te rva ls no t less than a month . A l l in te r im b i l ls sha l l be f i rs t submi t ted by the Cont rac tor w i th de ta i led measurements and therea f te r on ly the Eng ineer or h is o rgan isa t ion representa t ive sha l l car ry ou t jo in t ver i f i ca t ions or o therwise on record in the measurement book be fore cer t i f i ca t ion o f the b i l l s . Payment on account fo r amount admiss ib le sha l l be made on the Engineer cer t i f y ing the sum to wh ich the Contrac tor i s cons idered en t i t led by way o f in te r im payment fo r a l l the Work executed , a f te r deduct ing there f rom the amount a l ready pa id , the secur i ty depos i t / re ten t ion money and such o ther amounts as may be deduct ib le o r recoverab le in te rms o f the cont rac t . No in te r im payment w i l l be admi t ted un t i l such t ime the Cont rac tor have fu l l y compl ied w i th the requ i rement o f the Cond i t ion 84 concern ing submiss ion and approva l o f NetWork Schedu le for the Works , as de ta i led in Cond i t ion 83 . A f i xed sum sha l l be he ld in abeyance a t the t ime o f nex t in te r im payment fo r non a t ta inment o f each mi les tone in the NetWork and sha l l be re leased on ly on a t ta inment o f the sa id mi les tone

96 . Mod i f i ca t ion o f In te r im Cer t i f i ca te .

An in te r im cer t i f i ca te g iven re la t ing to Work done or mater ia l de l i vered may be mod i f ied or cor rec ted by any subsequent in te r im cer t i f i ca te or by the f ina l cer t i f i ca te . No cer t i f i ca te o f the Eng ineer suppor t ing an in te r im payment sha l l o f i t se l f be conc lus ive ev idence tha t any Work or mater ia ls to wh ich i t re la tes i s /a re in accordance wi th the cont rac t .

97 . Income Tax

The Contrac tor sha l l pay Ind ian Income Tax on a l l payments made to h im under the Contrac t , o ther than re imbursements made to h im by the Corpora t ion to cover payment by Cont rac tor o f m inor cus tom dut ies e tc . , o r any o ther payment wh ich the Cont rac tor may make on the Corpora t ion ’s beha l f . Under the prov is ions o f Sec . 194-C o f the Ind ian Income Tax Ac t , the Corpora t ion is requ i red to deduct Tax w i th surcharge a t source a t p reva i l ing ra tes f rom the gross amount o f each b i l l submi t ted . Any expat r ia te s i te s ta f f o r s ta f f no t normal ly res idents o f Ind ia , employed by the Cont rac tor sha l l pay personal Income Tax on a l l money earned and pa id in Ind ia . The Cont rac tor sha l l per fo rm such du t ies in regard to such deduct ions thereof as may be imposed on h im by such laws and regu la t ions .

98 . Payment o f Taxes

The cont rac tor sha l l pay a l l the taxes d i rec t ly to respec t ive organ iza t ions & to the Government . The Corpora t ion sha l l no t take any respons ib i l i t y fo r any k ind o f tax payment to the Government o r semi Government bodies at any po in t o f t ime.

The pr ices quoted by the Cont rac to r sha l l inc lude a l l cus toms du t ies , impor t du t ies , exc ise du t ies , bus iness taxes , income and o ther taxes tha t may be lev ied in accordance to the laws and regu la t ion in - fo rce on the Cont rac tor ’s Equ ipment , mater ia ls , supp l ies (permanent , temporary and consumables) to be used on or furn ished under the cont rac t and on the serv ices to be per fo rmed under the cont rac t . Noth ing in the cont rac t sha l l re l ieve the cont rac to r f rom h is respons ib i l i t y to pay any tax tha t may be lev ied or on pro f i t s made by h im in respec t o f the cont rac t .

The cont rac to r sha l l per form such du t ies in regard to such deduct ions thereof as may be imposed on h im by such laws and regu la t ions .

harges on account of Octroi, terminal or Sales Tax and other duties on

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material obtained for the Works from any source including the tax applicable as per Maharashtra Sales Tax Act on the transfer of property in the goods involved in the execution of Works contract (re-enacted) Act, 1991 etc. shall be borne by the Contractor. Under the provisions of the Maharashtra Sales Tax Act, the Corporation is required to deduct Turnover Tax at source at the rates prevailing at the time of payments.

The cont rac to r sha l l submi t form – 31 or such o ther fo rms as are prescr ibed under the sa id ac t wh ich is requ i red to be produced by the pr inc ip le employer in the events o f any no t ice by the Sa les Tax Depar tment w i th in one month o f i ssue o f le t te r o f acceptance.

99 . Deduct ion o f Cont rac t Sa les Tax / Turnover tax .

The Cont rac tors are requ i red to p roduce the i r reg is t ra t ion fo r con t rac t sa les tax / tu rnover tax to the depar tment be fore re leas ing the 1Ps t P R.A. b i l l fo r the Work executed by them, fa i l ing wh ich , no payment sha l l be re lease.

100. Prov is iona l Sums.

(1 ) ”Prov is iona l sum” means a sum inc luded in the cont rac t and so des ignated in the B i l l o f Quant i t ies fo r the execut ion o f Work or supp ly o f goods , mater ia ls or serv ices or fo r con t ingenc ies , wh ich sum may be used, in who le o r in par t , o r no t a t a l l , a t the d i rec t ion and d isc re t ion o f the Eng ineer . The cont rac t pr ice sha l l inc lude on ly such amounts in respec t o f the Work , supp ly o r serv ice to wh ich such prov is iona l sum re la te as the Eng ineer sha l l approve or determine in accordance w i th th is c lause. (2 ) In respec t o f every p rov is iona l sum the Eng ineer sha l l have power to o rder to execute the Work , inc lud ing goods , mater ia ls o r serv ices to be supp l ied by the Cont rac tor . The cont rac t pr ice sha l l inc lude the va lue o f such Work executed or such goods, mater ia l o r serv ices supp l ied de termined in accordance w i th C lause No. 102. (3 ) The Cont rac tor sha l l p roduce a l l quota t ions , invo ices , vouchers and accounts o r rece ip ts in connect ion w i th expend i ture in respec t o f p rov is iona l sums.

101. Rates fo r Excess in I tems.

Quant i t ies shown in the tender a re approx imate and no c la im sha l l be en ter ta ined fo r quant i t ies o f work executed be ing e i ther more or less than those en tered in the tender or es t imate . For purpose o f th i s cont rac t , the var ia t ions /dev ia t ions in car ry ing ou t the i tems o f work sha l l no t exceed p lus o r minus 25 percent o f con t rac t sum. The dev ia t ion /var ia t ion in the quant i ty o f ind iv idua l i tems sha l l no t be taken as dev ia t ion or var ia t ion in the cont rac t . The d i f fe rence be tween the to ta l va lue o f the work done and the Cont rac t sum as de f ined above w i l l be on ly be cons idered fo r dev ia t ion /var ia t ion . The Cont rac tor sha l l a r r i ve a t the ra tes a f te r care fu l l y p repar ing the ra te ana lys is tak ing in to cons idera t ion s i te cond i t ions . For inc rease upto 25 percent over the quant i ty shown in the b i l l o f quant i t ies sha l l be pa id a t , the ra te ment ioned in the b i l l o f quant i t ies . However , i f the quant i ty inc reases beyond 25 percent o f quant i t y shown in the b i l l o f quant i t ies the excess quant i t y beyond 25 percent sha l l be pr iced as under : The ra te sha l l be worked ou t based on schedu le ra te w i th Cont rac tor `s quoted percentage or cur ren t d is t r ic t schedu le o f ra tes w i thout Cont rac tor `s quoted percentage, wh ich ever i s less .

102. Rates fo r Ex t ra I tems.

Rates for such additional altered or, substituted Work shall be determined as follows: i) If rate for additional, altered or substituted item of Work is specified in the bill of quantities and rates, the Contractor shall carry out the additional, altered or substituted item at the same rate, subject to 100 above.

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i i ) I f ra te fo r any add i t iona l , a l te red or subs t i tu ted i tem o f Work is not inc luded in the b i l l o f quant i t ies and ra tes , such i tem o f Work sha l l be car r ied ou t a t the re levant Corpora t ion ’s schedule o f ra tes (Pub l ic works Depar tment and M.J .P. schedu le o f ra tes fo r Thane D is t r ic t ) p reva i l ing a t the t ime o f execut ion o f ex t ra Work (Quoted percentage w i l l no t be app l icab le) i i i ) I f the ra te fo r any add i t iona l , a l te red or subs t i tu ted i tem o f Work cannot be de termined in the manner spec i f ied in ( i ) & ( i i ) above, o r the ra te so de termined is found to be unreasonab le , then the Contrac tor w i l l be pa id a t such fa i r and reasonab le ra tes as Worked ou t by the Eng ineer on the bas is o f mater ia l , labour and opera t ions o f cons t ruc t ion equ ipment requ i red to execute the i tem and a l low ing 10 percent to cover p ro f i t s and overhead charges .

(iv) The Contractor shall submit to the Engineer his detailed rate analysis for carrying out variation duly supported with quotations and other supporting documents within 7 days of written instructions to carry out variations. If the Contractor’s quotation is unreasonable, the Engineer orders the variation and makes change to the contract price which is based on his own forecast of the variations on the Contractor’s cost. In case, the rates decided by the Engineer are not acceptable to the Contractor, he shall continue with the work and maintain contemporary records of actual expenses on day-to-day basis with joint assessment/ verification. The Contractor is not entitle for payment of actual expenses as per joint records added with 10% for profit and overheads. Disagreement with the rate fixed by the Engineer shall be informed by the Contractor before commencing the work of variations, failing which the rate fixed by the Engineer shall be final and binding on the parties to contract.

103. Overpayment and Underpayment

Whenever any c la im fo r the payment o f a sum to the Corpora t ion r i ses ou t o f o r under th is cont rac t aga ins t the Cont rac tor the same may be deducted by the Corpora t ion f rom any sum then due or wh ich a t any t ime thereaf te r may become due to the Cont rac tor under th is cont rac t and fa i l ing tha t under any cont rac t w i th the Corpora t ion or f rom any o ther sum due to the Contrac tor f rom the Corpora t ion (wh ich may be ava i lab le w i th the Corpora t ion) o r f rom h is secur i ty depos i t / re ten t ion money, o r he sha l l pay the c la im on demand. The Corporation reserves the right to carry out post payment audit and technical examination of the final bill including all supporting voucher, abstracts etc. The Corporation further reserves the right to enforce recovery of any over payment when detected. If as a result of such audit and technical examination any overpayment is discovered in respect of any Work done by the Contractor or alleged to have been done by him under the Contract, it shall be recovered by the Corporation from the Contractor by any or all of the methods prescribed above or if underpayment is discovered the amount shall be duly paid to the Contractor by the Corporation. Prov ided tha t the a fo resa id r igh t o f the Corporat ion to ad jus t overpayment aga ins t amount due to the Cont rac tor under any o ther cont rac t w i th Corpora t ion sha l l no t ex tend beyond the per iod o f two years f rom the da te o f payment o f the f ina l b i l l o r in case the f ina l b i l l i s a “Minus” b i l l , f rom the da te o f the amount payab le by the Cont rac tor under the “Minus” b i l l i s communica ted to the Cont rac tor . Any amount due to the Cont rac tor under th is cont rac t fo r underpayment may be ad jus ted aga ins t amount then due or wh ich may a t any t ime thereaf te r become due before payment is to the Cont rac tor , f rom h im to Corpora t ion on

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any o ther cont rac t or account whatsoever . 104. Payment o f

F ina l B i l l

F ina l jo in t measurement a long-w i th the representa t ives o f the Cont rac tor shou ld be taken, recorded and s igned by the Cont rac to rs . Cont rac to r shou ld submi t the f ina l b i l l w i th in 1 month o f phys ica l comple t ion o f the Work . I f the Cont rac tor fa i l s to submi t the f ina l b i l l w i th in 1 month , the Corporat ion s ta f f w i l l p repare the f ina l b i l l based on the jo in t measurement w i th in nex t 3 months . Eng ineer ’s dec is ion sha l l be f ina l in respec t o f c la ims fo r de fec t and pend ing c la ims aga ins t Cont rac tors . No fur ther c la ims shou ld be made by the Cont rac tor a f te r submiss ion o f the f ina l b i l l and these sha l l be deemed to have been wa ived and ex t ingu ished. Payment o f those i tems o f the b i l l s in respec t o f wh ich there is no d ispu te and o f i tems in d ispu te , fo r quant i t ies and ra tes as approved by the Commiss ioner sha l l be made w i th in a reasonab le per iod as may be necessary fo r the purpose o f ver i f i ca t ion e tc . A f te r payment o f the f ina l b i l l as a fo resa id has been made, the Contrac to r may, i f he so des i res , recons ider h is pos i t ion in respec t o f a d isputed por t ion o f the f ina l b i l l and i f he fa i l s to do so w i th in 84 days , h is d ispu ted c la im sha l l be dea l t w i th as prov ided in the cont rac t .

105 .

Rece ip ts to be S igned in F i rm’s Name by any One o f the Par tners

Every rece ip t fo r money wh ich may become payab le o r for any secur i ty wh ich may become t rans ferab le to the Cont rac tor under these present sha l l , i f s igned in the par tnersh ip name by any one o f the par tners , be a good and su f f i c ien t d ischarge to the Commiss ioner and Corpora t ion in respec t o f the money or secur i ty purpor t ing to be acknowledged thereby , and in the event o f death o f any o f the par tners dur ing the pendency o f th is cont rac t , i t i s hereby express ly agreed tha t every rece ip t by any one o f the surv iv ing par tners sha l l , i f so s igned as a fo resa id , be good and su f f i c ien t d ischarge as a foresa id prov ided tha t no th ing in th is c lause conta ined sha l l be deemed to p re jud ice or e f fec t any c la im wh ich the Commiss ioner o r the Corporat ion may hereaf te r have aga ins t the lega l representa t ives o f any par tners so dy ing or in respec t o f any breach o f any o f the cond i t ions thereo f , prov ided a lso tha t no th ing in th is c lause conta ined sha l l be deemed pre jud ice or a f fec t the respec t ive r igh ts o r ob l iga t ions o f the Cont rac tor and o f the lega l representa t ive o f any deceased Cont rac tors in te res t .

106. No Payment on Account o f Pr ice Var ia t ion o f Labour , Mater ia l and POL Component

No mater ia l p r ice var ia t ion wages esca la t ion on ind iv idua l i tem on account whatsoever and compensat ion fo r ‘Force Majeure ’ e tc . sha l l payab le under th is cont rac t .

PART-VI

TERMINATION OF CONTRACT AND SETTELEMENT OF DISPUTES 107. Cance l la t ion o f

Cont rac t in Fu l l o r in Par t .

I f the Cont rac tor : (a )At any t ime makes de fau l t in p roceed ing w i th the Work w i th due d i l igence and cont inues to do so a f te r no t ice in wr i t ing o f four teen days f rom the Eng ineer ; o r b ) Commi ts de fau l t in comply ing w i th any o f the te rms and cond i t ions o f con t rac t and does no t remedy i t w i th in four teen days a f te r a no t ice in wr i t ing is g iven to h im in tha t beha l f by the Eng ineer , or

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(c )Fa i ls to comple te the Works or i tems w i th ind iv idua l da tes o f comple t ion , on or be fore the da te(s ) o f comple t ion, and does no t comple te them wi th in the per iod spec i f ied in a no t ice g iven in wr i t ing in tha t beha l f by the Eng ineer , o r (d )Sha l l o f fe r o r g ive or agree to g ive to any person in Corpora t ion ’s Serv ice or to any o ther person on h is beha l f any g i f t o r cons idera t ion o f any k ind as an inducement o r reward fo r do ing or fo rbear ing to do or fo r hav ing done or fo rborne to do any ac t in re la t ion to the ob ta in ing or execut ion o f th is o r any o ther cont rac t fo r the Corpora t ion , o r (e )Sha l l ob ta in a cont rac t w i th the Corpora t ion as a resu l t o f r ing tender ing or o ther non-bona- f ide methods o f compet i t i ve tender ing or f ) be ing an ind iv idua l o r a f i rm, any par tner thereo f , sha l l a t any t ime be ad judged inso lvent o r have a rece iv ing order o r order fo r admin is t ra t ion o f h is es ta te made aga ins t h im or sha l l take any proceed ings fo r l iqu idat ion or compos i t ion (o ther than vo lun tary l iqu ida t ion fo r the purpose o f amalgamat ion or recons t ruc t ion) under any inso lvency ac t fo r the t ime be ing in fo rce or make any conveyance o f ass ignment o f h is e f fec ts o r compos i t ion or a r rangement fo r the benef i t o f h is c red i tors or purpor t so to do , o r i f any app l ica t ion be made under any Inso lvency Ac t fo r the t ime be ing in fo rce fo r the sequest ra t ion o f h is es ta te or i f a t rus t deed be executed by h im fo r h is c red i to rs , o r g ) Be ing a company, sha l l pass a reso lu t ion or the cour t sha l l make an order fo r the l iqu ida t ion o f h is a f fa i rs , o r a rece iver or a manager on beha l f o f the debenture ho lders sha l l be appo in ted o r c i rcumstances sha l l a r ise wh ich en t i t le the Cour t o r debenture ho lders to appo in t a rece iver o r a Manager , o r h) shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days, or Assigns, transfers, sublets (engagement of labour on a piece Work basis or labour with materials not to be incorporated in the Work, shall not be deemed to be sub-letting) or attempts to assign, transfer or sub-let the entire Works or any portion thereof without the prior written approval of the Commissioner; the Commissioner may, without prejudice to any other right or remedy which shall have accrued or shall accrue thereafter to the Corporation by written notice cancel the contract as a whole or only such items of Work in default from the contract. i ) In the case o f abandonment o f the work owing to ser ious i l l ness or death o f the Cont rac tor .

108. Ac t ion When Whole o f Secur i ty Depos i t i s to be For fe i ted

In the cases ment ioned in above c lause No. 107 the Eng ineer , on beha l f o f the corpora t ion sha l l have power to adopt any o f the fo l low ing fo rces , as he may deem bes t su i ted to the in te res t o f the corpora t ion .

a ) To resc ind the cont rac t ( fo r wh ich resc iss ion no t ice in wr i t ing to the Cont rac tor under the head o f Eng ineer sha l l be conc lus ive ev idence) and in tha t case the secur i ty depos i t o f the Cont rac to r sha l l s tand fo r fe i ted and be abso lu te ly a t the d isposa l o f Corpora t ion

b ) To car ry ou t Work or any par t o f the depar tmenta l l y deb i t ing the Cont rac tor w i th the cos t o f the Work , expend i ture incur red on too ls and p lan and charges on add i t iona l superv isory s ta f f inc lud ing the cos t o f Work charge es tab l ishment employed fo r get t ing

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the unexecuted par t o f the Work comple ted and c red i t ing h im w i th the va lue o f the Work done depar tmenta l l y in a l l respec ts in the same manner and a t the same ra tes as i f i t had been car r ied ou t by the Cont rac tor under the te rms o f h is cont rac t . The cer t i f i ca te o f the Eng ineer as to the cos ts and o ther a l l ied expenses so incur red and as to the va lue o f the Work so done depar tmenta l ly and sha l l be f ina l and conc lus ive aga ins t the Cont rac tor .

c ) To order tha t the Work o f the Cont rac tor be measured up and to take such par t there o f as sha l l be on executed ou t o f h is hands, and to g ive i t to another Cont rac tor to comple te , in wh ich case a l l expenses incur red on adver t i sement fo r f i x ing a new cont rac t ing agency , add i t iona l superv isory s ta f f inc lud ing the cos t o f Work charge es tab l ishment and a cos t o f Work executed by the new cont rac t agency w i l l be deb i ted to the Cont rac tor and the va lue o f the Work done or executed th rough a new Cont rac to r sha l l be c red i ted to the Cont rac tor in a l l respec ts and in the same manner and a t the same ra tes as i f i t had been car r ied ou t by the Cont rac tor under the terms o f th is cont rac t . The cer t i f i ca te o f the Eng ineer as to a l l the cos t o f the Work and o ther expenses incur red as a fo resa id fo r o r in ge t t ing the unexecuted Work done by the new Contrac to r and as to the va lue o f the Work so done sha l l be f ina l and conc lus ive aga ins t the Cont rac tor . In case the cont rac t sha l l be resc inded under c lause (a ) above the Cont rac tor sha l l no t be en t i t le to recover o r be pa id , any sum for any Work there fore ac tua l l y per formed by h im under th is cont rac t un less and un t i l the Eng ineer sha l l have cer t i f ied in wr i t ing the per formance o f the such Work and the amount payab le to h im in respec t thereof and he sha l l on ly be en t i t led to be pa id the amount so cer t i f ied in the event o f e i ther o f the curses re fe r red to in c lauses (b) o r (c ) be ing adopted and the cos t o f the executed depar tmenta l l y o r th rough a new Cont rac to r and o ther a l l ied expenses exceed ing the va lue o f the such Work c red i ted to the Cont rac tor the amount o f excess sha l l be deduc ted f rom any money due to the Cont rac tor , by corpora t ion under the Cont rac tor o therw ise howsoever or f rom h is secur i ty depos i t o r the sa le proceeds there o f p rov ided, however , tha t Cont rac tor sha l l have no c la im aga ins t corpora t ion even i f the cer t i f ied va lue o f Work done depar tmenta l l y o r th rough a new Cont rac tor exceed the cer t i f ied cos t o f such Work and a l l ied expenses , p rov ided a lways that wh ich ever o f the th ree courses ment ioned in c lauses (a ) , (b ) or (c ) i s adopted by the Eng ineer , the Cont rac tor sha l l have no c la im to compensat ion fo r any loss sus ta ined by h im by reason h is hav ing purchased or p rocured any mater ia ls , o r en tered in to any engagements , o r made any advance on account o f o r w i th a v iew to the execut ion o f the Work or the per formance o f the cont rac t .

109. Ac t ion When

the Progress o f any Par t i cu la r Por t ion o f the Work is Unsat is fac to ry

I f the progress o f any par t i cu lar por t ion o f the Work is unsat is fac to ry the cond i t ions ment ioned in c lause 108(b) , be en t i t led to lake ac t ion under c lause a f te r g iv ing the Cont rac tor 14 days no t ice in wr i t ing . The Cont rac tor w i l l have no c la im fo r compensat ion , fo r any loss sus ta ined by h im owing to such ac t ion .

110. Cont rac tor Remains L iab le to Pay Compensat ion i f Ac t ion no t Taken Under C lause 108 and

In any case in wh ich any o f the powers confer red upon the Eng ineer by c lauses 108 & 109 hereo f sha l l have become exerc isab le and the same sha l l no t have been exerc ised the non exerc ise there o f sha l l no t cons t i tu te a wa lver o f any o f the cond i t ions thereo f and such powers sha l l no t w i ths tand ing the exc isab le in the event o f any fu tu re case o f de fau l t by the Cont rac tor fo r wh ich under any c lause

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109 hereo f he is dec la red l iab le to pay compensat ion amount ing to the who le o f th is secur i ty depos i t and the l iab i l i t y o f the Cont rac tor fo r pas t and fu ture compensat ion sha l l remain unaf fec ted .

111. Power to take possess ion o f o r requ i re remova l o r se l l Cont rac tors p lan t .

In the event o f Eng ineer tak ing ac t ion under sub c lauses (a ) o r (c ) c lause 108, he may i f he so des i res , take possess ion o f a l l any too ls and p lan t , mater ia ls and s to re in o r upon the Work o f the s i te thereo f or be long ing to the Cont rac tor , o r p rocured by h im and in tended to be uses for the execut ion o f the Work or any par t thereo f pay ing or a l low ing for the same in account a t the cont rac t ra tes or in the case o f con t rac t ra tes no t be ing app l icab le a t cur ren t marke t ra tes to be cer t i f ied by the Eng ineer whose cer t i f i ca te thereof sha l l be f ina l . In the a l terna t ive the Eng ineer may a f te r g iv ing no t ice in wr i t ing to the Cont rac tor o r h is c le rk o f the Work fo reman or o ther au thor ises agent requ i res h im to remove such too ls and p lan t , mater ia l , o r s to res f rom the premises w i th in a t ime to be spec i f ied in such no t ice and in the event o f the Cont rac tor fa i l ing to comply w i th any such requ is i t ion , the Eng ineer may remove them a t the Cont rac tor ’s expenses or se l l them by auc t ions or pr iva te sa le on account o f the Cont rac tor and a t th is r isk in a l l respec t and the cer t i f i ca te o f the Eng ineer as to the expenses o f any such remova l and the amount o f the proceeds and expensed on any such sa le sha l l be f ina l and conc lus ive aga ins t the Cont rac tor .

112. No In te res t fo r De layed Payments Due to D isputes e tc .

I t i s agreed tha t the Corporat ion o f o r i t s Eng ineer or Of f i cer sha l l no t be l iab le to pay any in te res t o r damage w i th respec t to any moneys or ba lance wh ich may be in i ts o r i t s Eng ineer ’s or o f f i ce r ’s hands owing to any d ispute or d i f fe rence or c la im or mis -unders tand ing be tween the Corpora t ion o f o r i t s Eng ineer o r Of f i cer on the one hand and the Cont rac tor on the o ther , or w i th respec t to any de lay on the par t o f the Corpora t ion o f Nav i Mumabi o r i t s Eng ineer or Of f i cers in mak ing per iod ica l or f ina l payments or in any o ther respec t whatever . Payment to the Contrac tor o f the amount due under each o f the in ter im payment cer t i f i ca te i ssued by the Eng ineer sha l l be made by the Corpora t ion w i th in 45 (For ty F ive) days i f such cer t i f i ca te be ing del i vered . I f the Corpora t ion makes la te payment , the Contrac tor is to be pa id in te res t on the la te payment in the nex t payment . In te res t sha l l be ca lcu la ted f rom the da te by wh ich the payment shou ld have been made upto the da te when the la te payment i s made a t 6% per annum. I t i s a te rm under th is cont rac t tha t payment o f in teres t in excess o f 6% is bar red on any amount payab le to the Cont rac tor on any account . I t i s d is t inc t l y unders tood and agreed be tween the par t ies here to that payment fo r Work a l ready executed by the Cont rac tor i s no t a cond i t ion precedent under th is cont rac t fo r the execut ion o f the remain ing Work .

113. Jur isd ic t ion In case o f any c la im, d ispu te o r d i f fe rence ar is ing in respec t o f a cont rac t , the cause o f ac t ion thereof sha l l be deemed to have ar isen in Nav i Mumbai and a l l lega l p roceed ings in respec t o f any such c la im, d ispu te or d i f fe rence sha l l be ins t i tu ted in a competent cour t in the C i ty o f Nav i Mumbai on ly .

114. F ina l i t y o f Dec is ion and Non-Arb i t rab i l i ty

SETTLEMENT Of DISPUTES I f a d ispute / d isputes o f any k ind whatsoever a r ises be tween the Cont rac to r and Eng ineers representa t ive the same sha l l be re fe r red to the Eng ineer fo r h is dec is ion w i th de ta i led jus t i f i ca t ion . Such re ference sha l l be s ta ted tha t i t i s inpersunce to th is c lause fo r rev iew and g iv ing dec is ions by the Eng ineers . The Eng ineer sha l l g ive h is dec is ion w i th in 14 days o f rece ip t o f no t ice . I f e i ther par ty i s no t sa t is f ied w i th the dec is ion o f the Eng ineer o r the Eng ineer fa i l s to g ive the dec is ion w i th in the per iod o f 14 days f rom the da te o f rece ip t o f no t ice under th is c lause,

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such a d ispute may be re fer red to Arb i t ra t ion as per C lause No. 115.

115. Arb i t ra t ion Except where , o therw ise prov ided fo r in th is cont rac t , a l l ques t ions and d isputes re la t ing to the mean ing o f ins t ruc t ion hear in be fore ment ioned or as to any o ther ques t ion , c la im, r ight , mat te r o f hand ing whatsoever , i f any ar is ing out o f o r re la t ing to th is con t rac t , spec i f ica t ion , es t imates , Ins t ruc t ions , o rders o r these cond i t ions or o therw ise concern ing the works , o r the execut ion or fa i lu re to execute the same where ar is ing dur ing the progress o f the work or a f te r comple t ion or abandonment thereof o f any mat te r d i rec t l y o r ind i rec t l y connected w i th th is agreement sha l l be re fe r red to the so le Arb i t ra t ion o f the Mun ic ipa l Commiss ioner o f Nav i Mumbai Corpora t ion , C.B.D. , Nav i Mumbai and i f the Mun ic ipa l Commiss ioner i s unab le or unwi l l ing to ac t as such, then the mat te r in d ispu te sha l l be re fer red to so le Arb i t ra t ion or such o ther person appo in ted by the Mun ic ipa l commiss ioner who is w i l l i ng to ac t as such Arb i t ra to r . In case, the Arb i t ra to r so appo in ted is unab le to ac t fo r any reasons , the Mun ic ipa l Commiss ioner in the event o f such inab i l i t y , sha l l appo in t another person to ac t as Arb i t ra to r in accordance w i th the te rms o f the cont rac t . Such person sha l l be en t i t led to p roceed w i th the re fe rence f rom the s ta te a t wh ich i t was le f t by h is p redecessors . I t i s a lso a te rm o f th is cont rac t tha t no person o ther than a person appo in ted by the Mun ic ipa l Commiss ioner as a fo resa id shou ld ac t as an Arb i t ra to r . As a foresa id the prov is ions o f the arb i t ra t ion and conc i l ia t ion ac t 1996 or any s ta tu tory mod i f i ca t ion or Re inac tment there o f and the ru les made there under and fo r the t ime be ing in fo rce sha l l app ly to the arb i t ra t ion p roceed ings under th is c lause .

116. Laws Govern ing The Cont rac t–

Th is cont rac t sha l l be governed by the Ind ian Laws fo r the t ime be ing in fo rce .

PART –VI I

WORK COMPLETION & DEFECT L IABIL ITY 117. C learance o f

S i te on Comple t ion

Upon the issue o f any Tak ing over cer t i f i ca te the Cont rac tor sha l l c lear away and remove f rom tha t par t o f the s i te to wh ich such Tak ing-over Cer t i f i ca te re la tes a l l Cont rac tor ’s equ ipment , surp lus mater ia ls , rubb ish and temporary Works o f every k ind , and leave such par t o f the s i te and Works c lean and in a Workman l i ke cond i t ion to the sa t is fac t ion o f the Eng ineer . I f the Cont rac tor does no t c lear the s i te w i th in 15 days a l l mater ia l w i l l be conf isca ted and no compensat ion sha l l be pa id and the s i te w i l l be c leared a t r i sk and cos t o f the Cont rac tor .

118 . Submiss ions o f F ina l Comple t ion Drawings .

On complet ion o f the Work , the Cont rac tors sha l l fu rn ish f ree o f cos t 1 se t o f R.T .F . o f f ina l comple t ion drawings and 6 bound se ts o f cop ies o f d rawings , showing a l l the de ta i l s checked and s igned by the Eng ineer w i th in 2 months o f comple t ion o f Works . The payment o f f ina l b i l l sha l l be made to the Cont rac tors a f te r rece ip t o f above se ts . In case the Cont rac tor fa i l s to submi t the comple t ion drawings , a compensat ion a t the ra te o f Rs .5000/ - per d rawing sha l l be recovered f rom the f ina l b i l l s

119. Comple t ion Cer t i f i ca te

(1 ) As soon as Work is comple ted , the Cont rac to r sha l l g ive no t ice o f such comple t ion to the Eng ineer and w i th in 28 (Twenty -e igh t ) days o f rece ip t o f such no t ice the Eng ineer sha l l inspec t the Works and sha l l fu rn ish the Cont rac tor w i th a cer t i f i ca te o f comple t ion ind ica t ing (a ) the da te o f comple t ion (b ) the de fec ts to be rec t i f ied by the Cont rac tor , and/or (c ) i tems fo r wh ich payment sha l l be made a t reduced ra tes .

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When separa te per iods o f comple t ion have been spec i f ied fo r i tems or g roups o f i tems, the Eng ineer sha l l issue separa te comple t ion cer t i f i ca tes fo r such i tems or groups o f i tems. No cer t i f i ca te o f comple t ion sha l l be issued, nor the Works be cons idered to be comple te t i l l the Cont rac tor sha l l have removed f rom the premises on wh ich the Works has been executed , a l l sca f fo ld ing, sheds and surp lus mater ia ls , except such as requ i red fo r rec t i f i ca t ion o f de fec ts , rubb ish and a l l hu ts and san i tary a r rangements requ i red for h is Workers on the s i te in connect ion w i th the execut ion o f Works as sha l l have been erec ted by the Cont rac tor or the Workmen and c leaned a l l d i r t f rom a l l par ts o f bu i ld ing(s ) in , upon or about wh ich the Work has been executed or o f wh ich he may have had possess ion fo r the purpose o f execut ion thereof and c leaned f loors , gu t te rs and dra ins , eased doors and sashes , o i led and fas ten ings , labe led the keys c lear ly and handed them over to the Eng ineer or h is representa t ive and made the who le p remises f i t fo r immedia te occupat ion or use to the sa t is fac t ion o f the Eng ineer . I f the Cont rac tor sha l l fa i l to comply w i th any o f the requ i rements o f th is Cond i t ion as a foresa id , on or be fore the da te o f comple t ion o f Works , the Eng ineer may a t the expense o f the Cont rac tor fu l f i l l such requ i rements and d ispose o f a l l the surp lus mater ia l and rubb ish e tc . as he th inks f i t and the Cont rac tor sha l l have no c la ims in respec t o f any such mater ia l except fo r any sum ac tua l l y rea l ised by the sa le thereof less the cos t o f fu l f i l l i ng the requ i rements and any o ther amount tha t may be due f rom the Cont rac tor . I f the expense o f fu l f i l l i ng such requ i rement i s more than the amount rea l i ses on such d isposa l as a fo resa id , the Cont rac tor sha l l fo r thw i th on demand pay such excess . The Contractor`s notice of completion as aforesaid shall have to accompanied with one set of tracings of final completion drawings on RTF and six bound sets of copies of as built drawings, failing which the notice shall be deemed to have not been issued at all. (2) If at any time before completion of the entire Work, items or groups of items for which separate periods of completion have been specified, have been completed, the Engineer with the consent of the Contractor takes possession of any part or parts of the same (any such part or parts being hereinafter in this condition referred to as "the relevant part") then notwithstanding anything expressed or implied elsewhere in this contract.

(a) Within 28days (Twenty-eight days) of date of completion of such items or group of items or possession of the relevant part the Engineer shall issue a completion certificate for the relevant part provided the Contractor fulfills his obligation for the relevant part as in sub-para (1) above

(b ) The defects liability period in respect of such items and relevant part shall be deemed to have commenced from the certified date of completion of such items or relevant part as the case may be.

(c ) For the purpose o f ascer ta in ing compensat ion for de lay under C lause No. 88 in respec t o f any per iod dur ing wh ich the Works are no t comple ted the re levant par t sha l l be deemed to fo rm a separa te i tem or g roup, w i th da te o f comple t ion as g iven in the cont rac t o r as ex tended under C lause No.80 and ac tua l da te o f comple t ion as cer t i f ied by the Eng ineer under th is cond i t ion . (3 ) I f any par t o f the Work sha l l have been subs tan t ia l l y

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comple ted and sha l l have sa t is fac tor i l y passed any f ina l tes t tha t may be prescr ibed under the cont rac t , the Eng ineer may issue a cer t i f i ca te o f comple t ion in respec t o f tha t par t o f the Works be fore comple t ion o f the who le Works and upon the issue o f such cer t i f i ca tes , the Cont rac tors sha l l be deemed to have under taken to comple te any ou ts tand ing Works in tha t par t o f the Works dur ing the per iod o f ma in tenance.

120. Tak ing Over o f Work

Corpora t ion w i l l take over the Work a t any s tage whenever requ i red in the in te res t o f pub l ic by g iv ing 10 days no t ice to the Cont rac tor .

121 . Defec ts L iab i l i t y Per iod

The Cont rac to r sha l l be respons ib le to make good and remedy a t h is own expense w i th in such per iod as may be s t ipu la ted by the Eng ineer any de fec ts which may deve lop or be no t iced be fore the exp i ry o f the per iod ment ioned in the Schedu le `A ' here to f rom cer t i f ied da te o f comple t ion and in t imat ion o f wh ich has been sent to the Cont rac tor w i th in 7 days o f exp i ry o f the sa id per iod by le t te r sent by hand de l i very o r by reg is tered pos t

122. L iab i l i t y fo r Defec ts or Imper fec t ions and Rect i f i ca t ion Thereof

I f i t sha l l appear to the Eng ineer or to h is representa t ive a t any t ime dur ing cons t ruc t ion or recons t ruc t ion or dur ing the de fec ts ‚ l i ab i l i t y per iod , tha t any Work has been executed w i th unsound, imper fec t o r unsk i l l fu l Workmansh ip or tha t any mater ia l o r a r t i c le p rov ided by the Cont rac to r fo r execut ion o f thereof the Work is unsound or o f a qua l i ty in fe r io r to tha t cont rac ted fo r , o r o therw ise , not in accordance w i th the Cont rac t , or tha t any de fec t , shr inkage or o ther fau l ts have appeared in the Work ar is ing ou t o f de fec t ive or improper mater ia ls or Workmansh ip , the Cont rac tor sha l l , upon rece ip t o f no t ice in wr i t ing in tha t beha l f f rom the Eng ineer fo r thwi th rec t i fy o r remove or recons t ruc t the Work so spec i f ied in who le or par t , as the case may requ i re o r , as the case may be , and / o r remove the mater ia ls o r a r t ic les so spec i f ied and prov ide o ther proper and su i tab le mater ia ls o r ar t i c les a t h is own expense no tw i ths tand ing tha t the same may have been inadver ten t ly passed, cer t i f ied and pa id for , and in the event o f h is fa i l ing to do so w i th in the per iod to be spec i f ied by the Eng ineer in h is no t ice a foresa id the Eng ineer may rec t i fy o r remove and re -execute the Work and/or remove and rep lace w i th o thers the mater ia ls o r ar t i c les compla ined o f , as the case may be , by o ther means a t the r i sk and cos t o f the Cont rac tor . In case o f repa i rs and main tenance Work , sp lashes and dropp ings f rom wh i tewash ing , pa in t ing e tc . sha l l be removed and sur faces c leaned s imu l taneous ly w i th comple t ion o f these i tems o f Work in ind iv idua l rooms, quar ters or premises e tc . where the Work is done, w i thout wa i t ing for comple t ion o f a l l o ther i tems o f Work in the cont rac t . In case the Contrac tor fa i l s to comply w i th requ i rement o f th is cond i t ion , the Eng ineer sha l l have the r igh t to get the Work done by o ther means a t the r isk and cos t o f the Cont rac tor . The Eng ineer sha l l g ive th ree days no t ice in wr i t ing to the Cont rac tor be fore tak ing such ac t ion . The Engineer reserves the right to decide the rates and prices of the Works as executed by other means at the risk and cost of the Contractor. The cos t and expenses thereby incur red on the Works and a lso such pena l ty as the Eng ineer may impose fo r such wrongfu l conduct o f the Cont rac tor (wh ich pena l ty , the Eng ineer sha l l be competent to impose and aga ins t the

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impos i t ion o f wh ich or the amount thereof by the Eng ineer an appea l sha l l l i e on ly to the Commiss ioner w i th in seven days o f the order in tha t beha l f o f the Eng ineer and the dec is ions o f the Commiss ioner sha l l be f ina l and b ind ing upon the Cont rac tor ) may be deducted f rom any money due or to become due to the Cont rac tor , under th is o r any o ther cont rac t be tween the Contrac tor and the Corpora t ion .

123. Ma in tenance The Cont rac tor sha l l ma in ta in the f in ished sur face o f the road for a per iod as spec i f ied in Cont rac t document , a f te r the complet ion o f Work w i thout any ex t ra cos t to corpora t ion i r respec t ive o f the des igns , s tandards and spec i f i ca t ions and ac tua l t ra f f i c e tc . The Cont rac tor sha l l ge t the po tho les f i l l ed up w i th aspha l t m ix mater ia ls and keep the road sur face in good cond i t ion th roughout the year . 5 percent amount o f the to ta l Work done sha l l be w i th he ld f rom runn ing account b i l l fo r the per iod spec i f ied in the Cont rac t document f rom the da te o f comple t ion o f Work as main tenance charges o f ma in ta in ing and keep ing the road in good cond i t ion . Th is 5 percent amount w i thhe ld towards main tenance charges sha l l be a l lowed to be rep laced w i th Bank guarantee or o ther recogn ised fo rms a t in te rmed ia te s tage, i f so , des i red in wr i t ing . Th is main tenance charges sha l l be in add i t ion to secur i ty depos i t . On complet ion o f the Work in a l l respec ts , necessary cer t i f i ca tes w i l l be issued by the Eng ineer and the de fec t l iab i l i t y per iod w i l l be counted f rom the da te o f i ssue o f such cer t i f i ca tes A l l damages dur ing execut ion sha l l be made good by the Cont rac tor a t h is cos t . He w i l l be respons ib le fo r any damage to the road sur face inc lud ing B.T . sur face in ra iny season and dur ing cons t ruc t ion and guaranteed main tenance per iod and no separa te payment w i l l be made fo r resor t ing such damages. Defec t ive Work is l iab le to be re jec ted a t any s tage. The Cont rac tor on no account can re fuse to rec t i f y de fec ts mere ly on reasons tha t fu r ther Work has been car r ied ou t . No ex t ra payments sha l l be made fo r such rec t i f ica t ion .

124 . Defec ts L iab i l i t y Cer t i f i ca te

The Contrac t sha l l no t be cons idered as comple ted un t i l a Defec ts L iab i l i t y Cer t i f i ca te sha l l have been s igned by the Eng ineer and de l i vered to the Cont rac tor , s ta t ing the da te on wh ich the Cont rac to r sha l l have comple ted h is ob l iga t ions to execute and comple te the Works and remedy any de fec ts there in to the Eng ineer ’s sa t is fac t ion . The Defec ts L iab i l i t y Cer t i f i ca te sha l l be g iven by the Eng ineer w i th in 28 days a f te r the exp i ra t ion o f the la tes t such per iod , o r as soon thereaf ter as any Works ins t ruc ted , pursuant to C lauses 121 and have been comple ted to the sa t is fac t ion o f the Eng ineer , Prov ided tha t the issue o f the Defec ts L iab i l i t y Cer t i f i ca te sha l l no t be a cond i t ion precedent to payment to the Cont rac tor o f the Retent ion Money.

125. Unfu l f i l l ed Ob l iga t ions

Notw i ths tand ing the issue o f the Defec ts L iab i l i t y Cer t i f i ca te the Cont rac tor and the Corpora t ion sha l l remain l iab le fo r the fu l f i l lment o f any ob l iga t ion incur red under the prov is ions o f the Cont rac t p r ior to the issue o f the Defec ts L iab i l i t y Cer t i f i ca te is i ssued and, fo r the purposes o f de termin ing the na ture and ex tent o f any such ob l iga t ion , the Cont rac t sha l l be deemed to remain in fo rce be tween the par t ies to the Cont rac t . Notw i ths tand ing the issue o f the Defec ts L iab i l i t y Cer t i f i ca te the Cont rac tor and the Corpora t ion sha l l remain l iab le fo r the fu l f i l lment o f any ob l iga t ion incur red under the prov is ions o f the Cont rac t p r ior to the issue o f the Defec ts L iab i l i t y Cer t i f i ca te is i ssued and, fo r the purposes o f de termin ing the na ture and ex tent o f any such ob l iga t ion , the Cont rac t sha l l be deemed to

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remain in fo rce be tween the par t ies to the Cont rac t . 126. Refund o f

Secur i ty Depos i t

The amount o f secur i ty depos i t lodged by a Cont rac tor sha l l be re funded a long w i th the payment o f the f ina l b i l l , o r a f te r the exp i ry o f the de fec t l iab i l i t y per iod wh ich ever i s la te r un less the Eng ineer i s o f the op in ion tha t in o rder to sa feguard aga ins t de fec ts and pend ing c la ims aga ins t the Cont rac tor i t i s necessary to re ta in more amount re ta ined as re ten t ion money.

s

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ANNEXURE ‘A’ (See Condition 69)

Safety Provisions 1. Suitable scaffolds shall be provided for workmen for all that cannot safely be done from the

ground, or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable footholds and handholds shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1 ( ¼ horizontal and 1 vertical).

2. Scaffolding or staging more than 3.25 meters above the ground or floor, swung or suspended from an overhead support or erected with stationary support, shall have a guard rail properly attached, belted braced and other wise secured at least 1 meter high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

3. Working platform, gangways, and stairways shall be so constructed that they do not sag unduly or unequally, and if height of a platform or gangway or stairway is more than 3.25 meters above ground level or floor level, it shall be closely boarded, have adequate width and be suitably fenced as described in 2 above.

4. Every opening in floor of a building or in a working platform shall be provided with suitable means to prevent fall or persons or materials by providing suitable fencing or railing with a minimum height of 1 meter.

5. Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 9 meters in length. Width between side rails in a rung ladder shall in no case be less than 30 cm for ladder upto and including 3 meters in length. For longer ladders this width shall be increased by at least 6 mm for each additional 30 cm of length. Uniform step spacing shall not exceed 30 cm.

Adequate precaution shall be taken to prevent danger from electrical equipment. No

materials on any of the sites shall be so stacked or places as to cause danger or inconvenience to any person or the public. The Contractor shall provided all necessary fencing and lights to protect public from accidents and shall be bound to bear expenses of defence of every suit, action or other proceeding at law that may be brought by any person for injury sustained owing to neglect of the above precautions and to pay any damages and costs which may be awarded in any such suit, action or proceedings to any such person or which may with the consent of the Contractor be paid to compromise any claim by any such person.

Excavation and Trenching :- All trenches, 1.5 metres or more in depth , shall at all times be

supplied with at least one ladder for each 30 metres in length or fraction thereof, ladder shall be extended from bottom of trench to at least 1 metre above surface of the ground sides of a trench which is 1.5 meters or more in depth shall be stepped back to give suitable slope, or securely held by timber bracing, so as to avoid the danger of sides collapsing. Excavated material shall not be placed within 1.5 meters of edge of trench or half or depth of trench, whichever is more. Cutting shall be done from top to bottom. Under no circumstances shall undermining or under cutting be done.

7. Demolition : Before any demolition work is commenced and also during the process of the work

(a) all roads and open areas adjacent to the work site shall either be closed or suitably

protected. (b) No electric cable or apparatus which is liable to be a source of danger over a cable or

apparatus used by operator shall remain electrically charged, (c) All practical steps shall be taken to prevent danger to persons employed, from risk of

fire or explosion, or flooding. No floor, roof or other part of a building shall be so overloaded with debris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer shall be

available for use of persons employed on the site and maintained in a condition suitable for immediate use, and the Contractor shall take adequate steps to ensure proper use of equipment by those concerned.

(a) Workers employed on mixing asphaltic materials, cement and lime mortars/concrete

shall be provided with protective footwear, handgloves and goggles.

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(b) Those engaged in handling any material which is injurious to eyes shall be provided with protective goggles.

(c) Those engaged in welding works shall be provided with welder’s protective eye-shields.

(d) Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.

(e) When workers are employed in sewers and manholes, which are in use, the Contractor shall ensure that manhole covers are opened and manholes are ventilated at least for an hour before workers are allowed to get into them. Manholes so opened shall be cordoned off with suitable railing and proided with warning signals or boards to prevent accident to public.

(f) The Contractor shall not employ men below the age of 18 and women on the work of painting with products containing lead in any form. Whenever men above the age of 18 are employed on the work of lead painting the following precautions shall be taken;

(g) No paint containing lead or lead products shall be used except in the form of paste or ready made paint. (i) Suitable face masks shall be supplied for use by workers when paint is applied in

the form of spray or surface having lead paint dry rubbed and scrapped. (ii) Overalls shall be supplied by the Contractor to workmen and adequate facilities

shall be provided to enable working painters to wash during and on cessation of work.

9. When work is done near any place where there is risk of drowning, all necessary

equipment shall be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provision made for prompt first aid treatment of all injuries likely to be sustained during the course of the work.

10 Use of hoisting machines and tackle including their attachments, anchorage and

supports shall conform to the following :

(a) (i) These shall be of good mechanical construction, sound material and adequate strength and free from patent defects and shall be kept in good repair and in good working order.

(ii) Every rope used in hoisting or lowering materials or as a means of suspension shall

be of durable quality and adequate strength,and free from patent defects. (b) Every crane driver or hoisting appliance operator shall be properly qualified and no

person under the age of 21 years shall be incharge of any hoisting machine including any scaffold winch or give signals to operator.

(c) In case of every hoisting machine and of every chain ring hook, shackle, swivel and

pulley block used in hoisting or lowering or as means of suspension, safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with safe working load. In case of hoisting machine having a variable safe working load, each safe working load and the conditions under which it is applicable shall be clearly indicated. No part of any machine or of any gear referred to above in this paragraph shall be loaded beyond safe working load except for the purpose of testing.

(d) In case of departmental machine, safe working load shall be notified by the Engineer,

as regards Contractor’s machine the Contractor shall notify safe working load of each machine to the Engineer whenever he brings it to site of work and get it verified by the Engineer.

11. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances shall be provided with efficient safeguards, hoisting appliances shall be provided with such means as will reduce to the minimum risk of accidental descent of load, adequate precautions shall be taken to reduce to the minimum risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energized, insulating mats, wearing apparel such as gloves, sleeves and boots, as may be necessary, shall be provided. Workers shall not wear any rings, watches and carry keys or other materials which are good conductors of electricity.

12. All scaffolds, ladders and other safety devices mentioned or described herein shall be

maintained in a safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities shall be provided at or near places of work.

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13. These safety provision shall be brought to the notice of all concerned by display on a

notice board at a prominent place at the work spot. Persons responsible for ensuring compliance with the Safety Provisions shall be named therein by the Contractor.

14. To ensure effective enforcement of the rules and regulations relating to safety precautions,

arrangements made by the Contractor shall be open to inspection by the Engineer or his representative and the inspecting officers.

15. Notwithstanding the above provisions 1 to 14, the Contractor is not exempted from the

operation of any other Act or Rule in force.

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ANNEXURE ‘B’ (See Condition No. 27)

DETAILS OF KEY PERSONNEL WITH TENDERER WHO ARE PROPOSED FOR THIS CONTRACT

Sr No Description of

category Name Qualification Professional

experience and details of works carried out

Since how long in service with tenderer

Remarks

1. 2. 3. 4. 5. 6. 7.

SIGNATURE OF TENDERER: DATE:-

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ANNEXURE ‘D’ I N D E M N I T Y B O N D

ON STAMP PAPER OF VALUE OF RS. 100/- In consideration of Navi Mumbai Muncipal Corporation incorporated under BPMC act 1949 and having its office at Blapur Bhavan, 1P

stP Floor, C.B.D. Belapur, Navi Mumbai-400614. (hereinafter

referred to as the Corporation, which expression, shall unless it be repugnant to the context or meaning thereof includes its successors or assigns) having awarded to M/s. ___________________________________________________________ ______________________________________________ a Partnership/Proprietorship/Pvt. Ltd./Ltd. firm carrying in such name and style the business of construction (hereinafter referred to as the Contractor which expression shall, unless it be repugnant to the context or meaning thereof, includes its partners or Partner/Proprietor for the time being or its surviving Partner or his heirs and executors) for the work of ______________________________________________________________________________________________________________________________________________________________________________at an ______ percent above / below estimated cost of Rs. ________________________ and in compliance with one of the terms and conditions of the said Contract. We, M/s. _________________________________________________________________ being the Contractor do hereby agree and undertake and indemnify and save harmless the Corporation in consequence of the manufacturing defect, patent manufacturing defect and construction defect found in the constructed work at any time in a defect liability period of _______ years with the grant of completion certificate by the Corporation to the Contractor in accordance with and subject to the provision of the said contract. It is hereby agreed and declared that the City Engineer of the Corporation or any officer acting as such City Engineer of the Corporation shall be the Competent Authority to decide upon the question as to the defects in the construction of works and the remedy to be applied by the Contractor for their rectification at his cost and his decision shall be final, conclusive and binding upon both the Corporation and the Contractor, provided that the City Engineer shall so decide after giving an opportunity to the Contractor to represent his case. We hereby agree and undertake irrevocable and unconditionally to carry out duly each and very decision, order, direction or instruction as may be issued by the said City Engineer or as the case may be, the officer of the Corporation in his behalf and to rectify properly and promptly the defect found by him. FOR AND ON BEHALF OF M/S._____________________________________ __________________________________________________________________

Place :- __________________ Date :- __________________ S E A L Notary, Maharashtra State BEFORE ME Notary, Maharashtra State Noted and Registered at _________________________________ Serial Number _______________________________

For & on Behalf of Corporation. Accepted By.