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Price of Tender Document : Rs 3540 (Rs. 3000/- + GST 18%) (Non Refundable)
NAVI MUMBAI MUNICIPAL CORPORATION
Plot No 1 & 2, Sector- 15A, Killa Junction, Off Palm Beach Road, CBD Belapur, Navi Mumbai – 400 604
DEPARTMENT OF HEALTH,
Third Floor, NMMC HQ
CATTLE POUND MANAGEMENT IN NMMC AREA
Tender Notice No. : NMMC/HEALTH/01/2019
Price of Blank Tender form :- Rs 3540 (Rs. 3000/- + GST 18%) (Non Refundable) Sale of Tender :- 04/01/2019 at11.00 a.m. to 19/01/2019 up to 14.30 p.m. Online bid preparation :- 04/01/2019 at11.00 a.m. to 19/01/2019 up to 14.30 p.m. Submission of tender (Bid Transfer) :- 19/01/2019 at 17.00 p.m. to 22/01/2019 up to 17.00 p.m. Opening of tender :- 25/01/2019 at 11.30 a.m.(If possible)
This is to certify that this tender document consist serially page no. 1 to 32
MEDICAL OFFICER OF HEALTH NAVI MUMBAI MUNICIPAL CORPORATION
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TENDER FOR CATTLE POUND MANAGEMENT Re- Tender Notice No. NMMC/HEALTH/01/2019
Sealed tenders are invited from authorized and competent agency for “CATTLE POUND MANAGEMENT IN NMMC AREA”.
नवी मंबई महानगरपािलकेत online िनिवदा प्रिक्रयाकरीता Next Tendering Sify Technologies ई-टडिरगं संगणक प्रणाली (E-tendering) कायार्ि वत कर यात आलेली आहे. . 03 लक्ष िकंवा यापेक्षा अिधक रक्कमे या कामांकरीता सवर् कंत्राटदार/पुरवठादार यांना ई-टडिरगं सगंणक प्रणाली (E-tendering) मधूनच िनिवदा खरेदी करावया या व भरावया या आहेत.
कामाचा संिक्ष त तपशील खालीलप्रमाणे आहे अ. क्र. कामाच ेनाव इसारा रक्कम ( .) कोरी िनिवदा पुि तका शु क
( .) 1 “CATTLE POUND
MANAGEMENT IN NMMC AREA”.
. 50000/- Rs 3540 (Rs. 3000/- + GST 18%) (Non Refundable)
िनिवदा पुि तका ई-टडरींग (E-Tendering) संगणक प्रणाली या www.nmmc.maharashtra.etenders.in या संकेत थळावर व नमंुमपा या www.nmmconline.com या संकेत थळावर उपल ध होतील. िनिवदेच े सादरीकरण खालील तक यात नमुद के याप्रमाणे www.nmmc.maharashtra.etenders.in या संकेत थळावर ऑनलाईन करावयाच ेआहे. ई-िनिवदा प्रिस दीचा तपिशल 1 ई-िनिवदा िवक्री व भरणे (upload)कालावधी
Online Bid Preparation िदनाकं : 04/01/2019 सकाळी 11.00 वा. पासनू िदनांक : 19/01/2019 रोजी दपुारी 2.30 वाजेपयर्ंत.
2 ई--िनिवदा सादरीकरण (Submission) कालावधी Online Bid Transfer
िदनाकं : 19/01/2019 दपुारी 05.00 वा. पासनू िदनांक : 22/01/2019 रोजी दपुारी 05.00 वाजेपयर्ंत.
3 ई- -िनिवदा उघड याचा िदनाकं 25/01/2019 रोजी सकाळी 11.00वाजता शक्य झा यास िकंवा सोयी या िदवशी -िनि चत होईल या िठकाणी. िनिवदाकार / अिधकृत प्रितिनधी व नमुंमपा प्रितिनधी यांच ेसमक्ष.
िनिवदाकारांनी कोरी िनिवदा फॉमर् शु क, इसारा अनामत रककम व सेवा शु क ऑनलाईन पेमट गेटवे दारे भरावयाच ेआहे. वरील नमुद सवर् शु क कोण याही बँकेच ेडबेीट काडर्, के्रिडट काडर् अथवा नेट बँकींग माफर् त भरणा करता येईल. िनिवदा फॉमर् शु क नमंुमपाच ेलेखा िवभागात ि वकारले जाणार नाही याची िनिवदाधारकांनी न द घ्यावी. कोणतीही िनिवदा वीकारणे अथवा नाकार याचा अिधकार मा. आयकु्त, नवी मुंबई महानगरपािलका यांनी राखुन ठेवलेला आहे.
वै यकीय आरोग्य अिधकारी नवी मंुबई महानगरपािलका
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CATTLE POUND MANAGEMENT IN NMMC AREA Re- Tender Notice No. NMMC/HEALTH/01/2019
Navi Mumbai Municipal Corporation invites sealed retenders from authorized and
competent agency for “Cattle Pound Management NMMC AREA”.
Navi Mumbai Municipal Corporation has adopted Next Tendering Sify Technologies E-
tendering system. Tenderers shall register their firm on https://maharashtra.etenders.in for tender process. For works of Rs. 3.00 Lacs and above the Suppliers/Contractors shall buy the tender form through E-tendering system only. The detail of the work is as under:
Blank tender form will be available on the E-tendering website
https://nmmc.maharashtra.etenders.in and NMMC’s official website www.nmmc.gov.in to download. Tenderers shall follow the schedule of online Bid preparation/upload, Bid transfer/submission and opening as mentioned in following table 1 E-tender document purchasing and online
bid Preparation / upload duration 04/01/2019 11:00 Hrs to 19/01/2019 14:30 Hrs.
2 Online E tender Bid Transfer/Submission duration
19/01/2019 17:00 Hrs. to 22/01/2019 17:00 Hrs
3 Opening of E- tender 25/01/2019 11:00 Hrs If possible OR other decided date in office of Medical Officer of Health or suitably decided place in the presence of tenderer or their authorized representative in front of NMMC Officials
Tenderers will be required to do payment for blank tender form, EMD, and service fee through online payment gateway. All these payments can be made by debit/credit card of any bank or net banking. Please note that fee for blank tender form will not be accepted at NMMC account Dept.
Tenderers who have not submitted EMD will not be considered. Hon. Commissioner of NMMC reserves the right to accept or reject any or all tenders without assigning any reason thereof.
Medical Officer of Health Navi Mumbai Municipal Corporation
Sr. No.
Name of Work EMD Blank tender cost
1 “Cattle Pound Management NMMC
AREA”.
Rs. 50,000/-
Rs 3540 (Rs. 3000/- + GST 18%) (Non Refundable)
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SCHEDULE ‘A’ 1. Name of tender CATTLE POUND MANAGEMENT IN NMMC AREA
2 Persons Responsible
Medical Officer of Health, Navi Mumbai Municipal Corporation
3. Eligibility Criteria and Documents Required to Establish Eligibility Criteria Required eligibility Documents Required to be uploaded to Establish Eligibility 4 Registration Valid registration certificate from Charity Commissioner/AWBI
5 Pre qualification criteria.
A
Average annual Turnover for last three years
Bidder’s Average annual financial Turnover during last 3 years, ending 31st March of the previous financial year, should be at least 30% of the estimated cost. (ie Rs. 13,46,409/-)
Audited financial statements of subsequent last three years / Turnover certificate certified by Charted Accountant.
B Experience i) Three similar works costing not less than the amount equal to 40% of the Estimated Cost. (i.e. Rs. 17,95,212/-)
Or ii) Two similar works costing not less than the
amount equal to 50% of the Estimated Cost. (i.e. Rs. 22,44,015/-)
Or iii) One similar works costing not less than the
amount equal to 80% of the Estimated Cost. (i.e. Rs. 35,90,424/-)
Copy of work order.
6 General Condition
Document Required 1. EMD of Rs. 50,000/- 2. Undertaking of tenderer on Rs. 100/- stamp paper as per annexure
2. 3. Affidavit on Rs. 100/- stamp paper as per annexure 8 4. Provident fund Reg. Certificate, If Required. 5. GSTIN Registration certificate, If Required. 6. Valid registration certificate from Charity Commissioner/AWBI 7. Declaration in writing for acceptance of security deposit and
terms and condition mentioned in the tender. 8. Covering letter of all certificates/documents attached with index
7 Technical Qualification
Document Required 1. Undertaking that tenderer/applicant has its own “GOSHALA or PANJARAPOL” and proof regarding that effect. OR Undertaking from “GOSHALA / PANJARAPOL” that tenderer/ applicant has affiliation or tie-up with them and are ready to accept and receive unclaimed animals send by tenderer and tie-up agreement should remain valid till end of this contract period.
2. Authority letter of company in case of Partnership firm for signing the tender and respective documents.
3. An affidavit to be submitted for giving 2 months' salary to Labours without waiting reimbursement from NMMC
4. Declaration in writing for acceptance of security deposit and terms and condition mentioned in the tender.
5. Covering letter of above with index
8 Security Deposit 5% interest free security deposit of the total annual contract value shall be deposited with NNMC by successful bidder (validity 48 months from the date of acceptance letter )
9 Type of Contract Service contract 10 Contract Period Three year
Note: Tenderer shall upload all necessary documents only after self attestation.
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SCHEDULE B
PRICE BID FORMAT
Scope of Work:- Tender for Control of stray and nuisance creating animals such as cattle, buffalo, equine or such other four footed animals by catching and transporting them to cattle pound and management of NMMC cattle pound.
A) Name of Tenderer :- M/S______________________________________ B) Address :- __________________________________________ __________________________________________ C) Cost of tender document Rs 3540 (Rs. 3000/- + GST 18%) (Non Refundable) paid vide online transaction id No.: _____________________ dated _____________________
We offer following rates (inclusive of all taxes, if any) for the above mentioned work of cattle pound management Sr No.
Particulars Required Quantity
Rate Total per annum
A As per Minimum Wages Act,1948 - Maharashtra Govt. Gazette Notification dated 24 February, 2015 and NMMC Health dept notification vide NMMC/Health/6024/2017 dated 16/09/2017
A.1 Basic Pay Skilled 1 14000 168800
Unskilled 9 13000 1404000
A.2 Spacial/Leaving/Dearness Allowance
Skilled 1 2800 33600
Unskilled 9 2800 302400 A.3 House Rentral Allowance (Basic
Pay + Spacial Allowance) 5% Skilled 1 840 10080
Unskilled 9 790 85320 A.4 Washing Allowance . 23/- Skilled 1 23 276
Unskilled 9 23 2484 A.6 Provident Fund (Basic Pay +
Spacial Allowance) 13.36% Skilled 1 2004 24048
Unskilled 9 2004 216432 A.7 Bonus/Ex-gratia (Basic Pay +
Spacial Allowance) 8.33% Skilled 1 1399.44 16793.28
Unskilled 9 1316.14 142143.12 A.8 Leave Salary (Basic Pay + Spacial
Allowance) 6% Skilled 1 1008 12096
Unskilled 9 948 102384 A.9 ESIS (Basic Pay + Spacial
Allowance + HRA – maximum Rs. 15000/-) 4.75%
Skilled 1 712.5 8550
Unskilled 9 712.5 76950 A.10 Uniform etc (As per NMMC
Central Store rates) Skilled 1 141 1692
Unskilled 9 141 15228 A.11 5% Administrative cost on lavy Skilled 1 183.45 2201.4
Unskilled 9 183.45 19812.6 A Total Cost on Manpower 2644491 B Operational Cost Rs. _______ /-
per month Rs. _________ /- per annum
C Service Charge Rs. _______ /- per month
Rs. _________ /- per annum
Total Cost = Rs. _________ /- per annum
Rupees ______________________________________________________________ (inclusive of all taxes, if any)
Sd/- Signature of Tenderer
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Detailed Tender Notice 1. Notice Inviting Tenders 1.1 Sealed 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 The tender book will be made available at E-tendering cell, NMMC Bhavan, Sector-15A, Kille Gavthan, C.B.D. from date of publication of tender notice on News paper to the contractors who have enrolled at NMMC E-tendering cell for work of tender amount unto 3 lacs. or NMMC enrolled contractor may buy tender from E-tendering website https://nmmc.maharashtra.etenders.in and NMMC’s official website www.nmmc.gov.in 2.2 For work of tender amount Rs 3 lacs above, tender book will be issued online through E-tendering website https://nmmc.maharashtra.etenders.in and NMMC’s official website www.nmmc.gov.in to contractor, who is enrolled with NMMC 2.3 Price of blank tender form cost must be paid through online payment gateway. The payment can be made by debit/credit card of any bank or net banking. Please note that fee for blank tender form will not be accepted at NMMC account Dept. 2.4 The Tender Document is not transferable. Only the Tenderer who has purchased the tender form shall be entitled to bid in the Tender. 3. 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 4. Clarification 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 .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 they 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. Tenderer should submit in writing to Medical officer of Health clarification & modification suggested one day prior to Pre-Bid meeting or before the Pre-Bid meeting held. 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. 5. Validity of Tenderers 5.1 The Tenders will be valid for a period of 180 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)., The Earnest Money deposit must be paid through online payment gateway. The payment can be made by debit/credit card of any bank or net banking. Without Earnest Money deposit NMMC will be 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 through the E-tendering website https://nmmc.maharashtra.etenders.in and NMMC’s official website www.nmmc.gov.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 thirty six (36) months effective from the date of such revocation.
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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 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 The Tenderer shall bear all costs associated with the preparation and submission of its Tender. The Corporation shall in no case be responsible or liable for these costs, regardless of the conduct or the out come of the Tendering Process. 10. Eligible Tenderers Only those Tenderers who fulfill the eligibility criteria as mentioned in Schedule A of the Tender Notice 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. 11. Relationship with Corporator(s) 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 MMC Act. 1949. The Tenderer shall furnish an affidavit (as per Annexure-3) on a Non-Judicial stamp paper of Rs.100/-. 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 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 The tenders should be submitted online at https://nmmc.maharashtra.etenders.in 14. Last Date for Submission 14.1 Copies of uploaded documents (Excluding Financial Bid) should be submitted at the office of Medical officer of Health before date of opening technical bid. 14.2 The Corporation may, as its discretion, extend this deadline for submission of Tenders online by amending the Tender Documents, in which case all rights and obligations of the Corporation and Tenderer will thereafter are subject to the deadline as extended. 14.3 Any Tender received by the Corporation after the deadline for submission of Tender as prescribed by the Corporation, pursuant to the clause above, will be rejected and /or returned unopened to the Tenderer. 15. Instruction to tenderes 15.1 The Tender form will be available online only. No tender form will be sold/ issued manually from Navi
Mumbai Municipal Corporation. 15.2 The tender document will be uploaded / released on Govt. of Maharashtra e- tendering website
http://nmmc.maharashtra.etenders.in the tenderer is required to download the tender document from this website as per the schedule of activities for online tender document download.
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15.3 The tenderer is required to download the tender document within the schedule of activity for online tender document download. After expiry of the date and time for tender document download, the Navi Mumbai Municipal Corporation will not be responsible for any such failure on account of tenderer for not downloading the document within the schedule even though he has paid the cost of the tender to the Navi Mumbai Municipal Corporation office. In such case the cost of the tender paid by the tenderer will not be refunded.
15.4 During the activity of bid preparation, the tenderer is required to upload all the documents mentioned in the terms & conditions of the technical bid by scanning the documents and uploading it in the PDF. This activity of uploading the documents as well as preparation of commercial bid and other Annexure enclosed with the tender shall be completed within the schedule given for bid preparation.
15.5 After bid preparation, the tenderer is required to submit the bid again during the activity of submission of bid without which the tender will not be submitted.
15.6 The tenders submitted online will be opened on the schedule date before the participant. At the time of opening of technical bid the tenderer should bring all the original documents which have been uploaded along with the technical bid so that same can be verified at the time of opening of technical bid. If the tenderer fails to produce the original documents at the time of opening of technical bid then the decision of the committee taken on the basis of document uploaded will be final and binding on the tenderer
15.7 As the tenders are invited online, tenderers are required to upload tender as per the schedule given. Navi Mumbai Municipal Corporation is not responsible for failure on the part of tenderer to upload tender within the time schedule. In case of any help required for this purpose the tenderer shall contact to help line of e- tendering agency M/s. Sify Nex Tenders on telephone nos. (020) 2531-5555 /(022)-2661-1117,2660-3142 Tenderers are requested to go carefully through the process of e- tendering given on the website of website http:// nmmc.maharashtra.etenders.in to avoid disqualification of their tender on any ground.
15.8 The tenderer is required to pay tender processing fee of Rs1038/- per tender to e-tendering agency, M/s Sify Nex Tenders at time of online submission stage through e-payment( Through credit card/ debit card/net banking) Non payment of fee will result in non- submission of the tender and Navi Mumbai Municipal Corporation will not be responsible if the tenderer is not able to submit their offer due to non payment of processing fees to the e-tendering agency.
16. Contents Tenders are invited in two –envelops system
17. The two envelopes shall contain the following: Envelope No.1 Technical Bid envelope should contain all the documents mentioned below
1. EMD AS PER CLAUSE 6. 2. Undertaking of tenderer on Rs. 100/- stamp paper as per annexure 2. 3. Affidavit on Rs. 100/- stamp paper as per annexure 8 4. Provident fund Reg. Certificate (if available) 5. Valid GSTIN Registration Certificate 6. Valid Firm/ company Registration (Shop establishment certificate/S.S.I. Certificates /Certificate of
Incorporation etc) 7. Valid Registration Certificate under Contract Labour Act, 1970 (if available) 8. Declaration in writing for acceptance of security deposit and terms and condition mentioned in
the tender. 9. Covering letter of all certificates/documents attached with index 10. Details of tenderer as per annexure 3. 11. List of relevant plant and machinery as per annexure 6 12. Details of Technical Personnel available with the Contractor as per Annexure 7 13. Pest Control License from State Govt.’s Agriculture Department. 14. License/registration for stock, sell, exhibit & use of restricted insecticides (Aluminium
phosphide) from Plant Protection Advisor/ Central Insecticide Board & Registration Committee, Department of Agricultural and Cooperation, Central Government.
All other documents establishing the eligibility of tenderer as specified in schedule A
Documents uploaded online by the tenderer must be attested, clear and readable if not so. It will be treated as non submission of document
Envelope No.2 (Financial Bid):
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This envelope shall only contain the Financial Bid in schedule B only. The financial bid should be written both in words and figures at appropriate places during uploading of Bid. 18. Rate Rate should be quoted inclusive of all State/Central/Local Government taxes, duties and other expenses like to carry out the scope of work as mentioned above, and otherwise the rates quoted shall be treated as inclusive of all. Rates will be valid for one year after approval by NMMC. 19. Important Points to be noted by the Tenderer
1. At the time of opening of the tender, Agency has to submit original hard copies of Affidavit, Undertaking & Original Manufacturer Authorization form.
2. Only Those tenderer who are eligible as per Schedule A , Should upload the tender 3. The tendrerer should ensure that no corrections or over writings or erasures are left for attestation. 4. 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. 5. No alterations or additions anywhere in the tenderer Document are permitted. If any of these are found,
the Tender may be summarily rejected. 6. 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
7. Rate mentioned should be as per the specification & unit mentioned in the tender. 8. 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.
9. The agency should carry hard copies of all documents submitted for E-tendering at the time of opening of the tender.
10. Quantity mentioned in tender is indicative / approximate. NMMC reserves the right to purchase less or more quantity at the sanctioned price as per the need. It is mandatory for the supplier to supply the material at same rate during the entire contract period.
20. Corrupt of Fraudulent Practices 20.1 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 noncompetitive levels and to deprive the Corporation of the benefits of the free and open competition. 20.2 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. 21. Manner of Opening of Tender The Tender received before the time and date specified in the Tender Notice will be opened as per the specified program in the office as mentioned in the Tender Notice (If Possible). The tenders will be opened in the presence of Tenderers or their authorized representatives who choose to remain present. 22. 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. 23. Preliminary Scrutiny
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23.1 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 a Tender’s responsiveness is to be based on the contents of the Tender itself without recourse to extrinsic evidence. 23.2 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. 24. 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. 25. Opening of Financial Bids Agency will be technically qualified by Scrutinisation of documents & thereafter demonstration of equipment. The financial bid of tenderers qualifying both above mentioned criteria will be opened. 26. Acceptance of Tender 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. 27. 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. 28. Security Deposit / Performance Security 28.1 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. 28.2 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; Detailed Tender Notice 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 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 28.1 after which such retention will cease. 29. Execution of Contract Document 29.1 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 Agreement should be signed within 7 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 Conditions of the Contract (CoC). 29.2 It shall be incumbent on the successful Tenderer to pay stamp duty for the Contract Agreement, as applicable on the date of the execution.
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30. 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. 31. Rights of the Corporation 31.1 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. 31.2 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. 31.3 In case the tenderers quote prices higher than allowed as per DPCO, NPPA or higher than MRP or / and fail to supply the goods consistently the tenderers will be declared as fraudulent and defaulters a) The extra expenditure incurred because of risk purchase shall be recovered from the tenderer. b) His Registration will be cancelled c) The tenderer’s EMD/Security deposit amount, Bank Guarantee will be forfeited. d) The tenderer will be debarred from participating in the tender for next three years. 31.4 In case if found that the tenderer has submitted forged documents the following actions will be taken against the tenderers. a) The extra expenditure incurred because of risk purchase shall be recovered from the tenderer. b) The police case will be filed against the tenderer c) His Registration will be cancelled d) The tenderer’s EMD/Security deposit amount, Bank Guarantee will be forfeited. e) The tenderer will be debarred from participating in the tender for next three years 32. Notice to form Part of Contract Tender Notice and these instructions shall form part of the Contract. 33. Similar Work Similar work means work experience of Cattle Pound Management or may include other animal welfare
work and having AWBI registration certificate/Charity Commissioner Certificate.
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Annexure I 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 o would be caused to or suffered by the NMMC by reason of breach by the said Operator/ Contractor/ Tenderer/
3. 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.______________/- (Rupees ___________________ _____________________________ in words).
4. 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.
5. 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.
6. 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.
7. This guarantee will not be discharged due to the change in the constitution of the Bank or the Operator/ Contractor / Tenderer/ Supplier (s).
8. 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 ............................2007
For .......................................................................... (indicate the name of Bank)
Signature of Tenderer No. of Correction Medical Officer of Health NMMC
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Annexure -2 Undertaking of Tenderer
(On a Rs. 100/- Stamp paper ) Having examined the tender document including all the annexure, the receipt of which is hereby duly acknowledge, 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 withdrawal by me / us by the notice in wiring duly addressed to the authority opening the Tender Notice. (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.MC. 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 .............................. 2007 Signature of Tenderer Address ....................................................................................................................... Signature of Witness Address ....................................................................................................................... Signature of Tenderer Signature of Authorized Person NMMC
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1. Name of Tenderer
2. Address
3. Telephone
4. Fax
5. E - mail
6. Details of Proprietor / partners/Directors
Name Address Qualification & Experience
Details of Tenderers
Annexure - 3
Turnover Profit Copy of AuditedFinancial
Statements Attached (Yes/No.)
7. Financial Performance
Previous Financial Year (Y-1)
2 Previous Financial Year (Y-2)
3 Previous Financial Year (Y-3)
nd
rd
8. Registration Details
9. Certification Details
10. Details of Black List & Litigation (If Any)
11. Remarks
1. Exact Location of Management 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 NMMC Official
Signature of Authorised Person
Signature of Tenderer
8
Details of Manufacturing Unit (Where Applicable)
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Annexure - 4 Details of Works of Similar type and magnitude carried out by the Tenderer
(last 3 years)
Name of the Tenderer: ------------------------------------------------
Sr. No
Name of
Work
Type of
Work
Name of Department
Cost of Work
Date of Starting
Stipulated date of
Completion
Actual date of
Completion
Remarks
Seal & Signature of Tenderer Signature of Authorized Person NMMC
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Annexure 5
List of Works in Hand as on the date of Submission of this Tender Name of the Tenderer: ------------------------------------------------ Sr.No Name of
Work Name of Department and Address
Works in Hand Anticipated date of Completion
Remarks
Tender Cost
Cost of Remaining Work
Seal & Signature of Tenderer Signature of Authorized Person NMMC
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ANNEXURE 6
List of Relevant plant and Machinery with ownership proof.
Sr.No Name of
Equipment No of Units
Kind and Make
Capacity Age & Condition
Present Location
Remarks
A Immediately Available
B Proposed
to be Provided for the Work
Seal & Signature of Tenderer Signature of Authorized Person NMMC
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ANNEXURE 7
Details of Technical Personnel available with the Contractor
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 the person is working with the tenderer
Remarks
Seal & Signature of Tenderer Signature of Authorized Person NMMC
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Annexure - 8
Affidavit (On Rs.100/- Stamp Paper)
I/We hereby state that we are aware of the provisions of section 10 (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 Corporator 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 concurrence.
Tenderer ______________________________ Address _____________________________ ______________________________ Date the _______________day of ___________2007 Signature of Tenderer Witness________________________________ Address _______________________________ ________________________________ Date the _________________day of ___________2007 Signature of Witness.
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GENERAL & SPECIAL (clause 8) CONDITIONS OF THE CONTRACT
A. DEFINITIONS
1.1 Animal shall mean adult and young ones of cattle, buffalo, equines, caprine, ovine, etc. or such other nuisance creating animals. Hereinafter the word cattle means animal and vice versa. Cattle pound (“Kondwada” in Marathi) shall mean a place designated for the purpose by NMMC from time to time.
1.2 Goshala or Panjarapol shall mean any place or enclosure managed by Government/ Institute/ Public or Charitable Trust wherein stray animals are kept.
1.3 The Contract shall mean the tender and acceptance thereof and the formal agreement if any, executed between the Contractor, Commissioner and the Corporation together with the documents referred to therein including these conditions and appendices and any special conditions, the specification. All these documents taken together shall be deemed to form one Contract and shall be complementary to one another.
1.4 The Contractor shall mean the individual or firm or company whether incorporated or not, undertaking the works and treatment process and shall include legal representatives of such individual or persons composing such firm or company as the case may be and permitted assignee/assignees of such individual or firm or company.
1.5 Competent Authority is the Person or Persons appointed by the Corporation and notified to the Contractor, who shall be responsible for supervising the Contractor, administering the Contract, certifying payments due to the Contractor, and awarding extensions of time.
1.6 The “Officer” shall mean the Additional Municipal Commissioner, Medical Officer of Health, Deputy Municipal Commissioner (SWM), Veterinary Officer Or any other Officer Or Officers Who may be authorised by the commissioner to carry out the functions of Additional Municipal Commissioner(Medical Education And Health), Deputy Municipal Commissioner (Health), Executive Health Officer, Insecticide Officer.
Officer’s Representative shall mean the Sanitary Officer, Sanitary Inspector or Assistant Sanitary Inspector or any other Municipal employee or employees appointed from time to time by the Commissioner to perform the duties set forth in condition No.6 hereof and generally to assist the Officer for the purpose of the contract and whose authority shall be notified in writing to the Contractor by the Officer.
1.7 Corporation means Navi Mumbai Municipal Corporation as incorporated under the Bombay Provincial Municipal Corporations Act, 1949.
1.8 Municipal Commissioner shall mean the Municipal Commissioner of Navi Mumbai Municipal Corporation, for the time being holding that office and also its successor and shall include any officer authorized by it. The Municipal Commissioner shall, subject to the provisions of relevant sections of the Acts applicable, act as the Corporation's representative for the purposes of this Contract.
1.9 The Annexure referred to in these conditions shall mean the relevant annexure appended to the tender document issued by the Municipal Corporation.
1.10 The Site mean the land or premises or the article to be subjected to entomological
treatment the area or piece of land or part of the premises, including furniture and fixture, the machinery or installation infested with or likely to be infested with pest whether vertebrate or invertebrate as per the definition of the pest mentioned in technical definitions herein ahead
1.11 Urgent works and treatment process shall mean any urgent measures which in the opinion of the Officer become necessary during the progress of the work to obviate any risk of damage to public health or failure of which becomes damaging to public health.
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1.12 The Process shall mean the work to be executed in accordance with the contract or part(s) thereof, as the case may be and shall include all extra or additional, altered or substituted works and treatment processes as required for performance of the contract.
1.13 Treatment Process shall mean all appliances, equipments or devices or instruments or machines, solvents and chemicals of what so ever nature required in or about the execution, completion or maintenance of works or treatment processes or temporary work as herein after defined.
1.14 Contract Period means the tenure of the Contract, upon completion of which this Contract terminates. The tenure is said to have commenced from the Commencement Date and terminates on the Completion Date or the Termination Date, as applicable and mentioned in the Work Order. As per the Standing Committee resolution the agreement will be done for one year or as specified in schedule A.
1.15 Specification means the specification referred to in the tender and any modification thereof or addition or deduction thereto as may from time to time be furnished or approved in writing by the Officer.
1.16 Tender means the Contractor’s priced offer to BMC for the execution and completion and maintenance of the Works and treatment processes and the remedying of any defects therein in accordance with the provision of the Contract as accepted by the Letter of Acceptance.
1.17 Letter of Acceptance means the formal acceptance by the Employer of the tender. 1.18 Termination Date means the date on which the Contract is terminated by way of
defaults of either the Corporation or the Contractor, or as a result of a Majeure event, or as indicated in these Conditions of Contract.
1.19 Contract Price is the payment made by the Corporation, to the Contractor, for the Services carried out and is as specified in the Acceptance Letter.
1.20 Security Deposit means the deposit provided by the Contractor, as a performance guarantee under this Contract.
1.21 Tax means the Indian Tax, duty, lavy, and charge whatsoever charged, imposed or levied by Central, State or Local Governments or any Authority together with any interest and penalties in relation thereto.
1.22 Gross Misconduct means any reckless breach or disregard of the provisions of this Contract by the Contractor.
1.23 Service Area means in relation to Services under this Contract, the area covered by the existing Facilities and System and as indicated in the Appendices to the Contract.
1.24 Infestation means the presence of animal parasites in the environment or on the skin, or in the hair of he host.
1.25 Infection means I) The invasion of the body by the pathogenic microorganisms that reproduce and multiply causing disease by local cellular injury, secretion of a toxin or antigen-antibody reaction in the host. II) A diseases caused by the invasion of body by pathogenic microorganism.
1.26 Disinfectant means a chemical that can be applied to objects to destroy microorganism. "Disinfection" means the process of killing pathogenic organism or of rendering them harmless.
1.27 Access means the way of facility or device to approach a particular place/situation by means of safe and easy way.
1.28 Zone- I shall be the operational area coming under wards- CBD Belapur, Nerul, Vashi and Turbhe.
1.29 Zone- II shall be the operational area coming under wards- Koper Khairane, Ghansoli, Airoli and Digha.
B. INTERPRETATION AND CONTRACT STRUCTURE
2. Interpretation & Law
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2.1 In interpreting this Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Competent Authority will provide instructions clarifying queries about any Part of this Contract.
2.2 Words importing the masculine gender shall also include the feminine gender. 2.3 Heading and marginal notes to their conditions shall not be deemed to form part
thereof or be taken into consideration in the interpretation or construction thereof or of the contract.
2.4 The language of this Contract Document is English and the law, which applies to this Contract, shall be the Law of the Republic of India.
3. Contract Structure 3. Both Parties recognize that this Contract contains the entire Contract between the
Parties with respect to the subject matter hereof and expressly excludes any warranty, condition or other undertaking implied at law or by custom and supersedes all previous Contracts and understandings between the Parties with respect thereto and each of the Parties acknowledges and confirms that it does not enter into this Contract in reliance on any representation, warranty or other undertaking not fully reflected in the terms of this Contract.
3.2 The documents forming the Contract shall be interpreted in the following order of priority:
(a) Acceptance Letter, (b) This Contract Agreement, Conditions and Appendices; (c) Minutes of pre-bid meetings and amendments;
(d) The Detailed Tender Notice and (e) Contractor's Bid.
4. COMMUNICATIONS 4.1 Communications between Parties, which are referred to in the conditions are
effective only when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act).
4.2 Subject to as otherwise provided in this Contract all notices to be issued on behalf
of the Corporation and all other actions to be taken on its behalf may be given or taken by the Competent Authority or any representative for the time being entrusted with the functions, duties and powers of the Competent Authority.
4.3 All instructions, notices, communications, etc. under the Contract shall be given in
writing and shall be either in Marathi or English. 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 it.
C. COMMENCEMENT AND SCOPE OF SERVICES
5 Contract Period 5.1 The contractor shall commence services from the Commencement date as
mentioned in the Work Order, and shall arrange all mobilization services within fifteen (15) days of the commencement date.
5.2 The Contract period shall commence on the Commencement Date and extends for the period of 03 year.
5.3 Contract between NMMC and Contractor may be renewed or executed every year up to three years depending upon satisfactory services of contractor. All rights for the same are reserved with Commissioner.
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5.4 The contract period is for three years. But if NMMC desires, the work will be extended till the next agency is appointed and the contractor shall carry the work with same rate, terms and condition.
6. Scope of Operation/ Services 6.1 Area of Operation- Entire Navi Mumbai Municipal Corporation area. 6.2 NMMC area shall be divided into two OPERATIONAL ZONES.
a) ZONE I – Areas coming under wards- CBD Belapur, Nerul, Vashi and Turbhe .
b) ZONE II – Areas coming under wards- Koper Khairane, Ghansoli, Airoli and Digha.
6.3 Licenses, taxes and duties: Contractor will be responsible to keep all licenses for the said contract and current, and renewed from time to time.
The Contractor shall be entirely responsible for all taxes; duties license fee, octroi, road permits, and any NMMC taxes.
No increase in rates for the said contract will be allowed during the period of contract. 6.4 In case of dispute - If any dispute occurs, the decision of NMMC will be final & will be binding on the
contractor. Also if any matter goes to court for decision, that should be within the jurisdiction of Thane/Navi Mumbai court .The cost of suit will have to be borne by contractor.
6.5 At the time of Termination - The pending work orders will be cancelled.
7. CONTRACTOR'S RESPONSIBILITIES:- 7.1 The Contractor is expected to carry out the work in such a manner as not be cause any
damage to public property on account of negligence or otherwise. The Contractor shall be fully responsible for making good the damages so caused by him entirely at his own cost.
7.2 The Contractor shall carry out its Services, so far as compliance with the requirement of the Contract permits, so as not to interfere unnecessarily or improperly with: a) The convenience of the public, or b) The access to, use and occupation of public or private roads and Footpaths to or of
properties. 7.3 The Contractor shall be responsible for the safety of all activities and shall be absolutely
and solely responsible for any and all kinds of injuries or damages to person and property of any description whatever may be caused by or result from the Services carried out, whether these may have been carried out skillfully and carefully and strictly in conformity with the provisions of the specifications or not.
7.4 The Contractor shall obtain all required permissions, sanctions, clearance and permits for carrying out its Services, including Contractors clearances.
7.5 Material obtained from Excavation- Materials of any kind obtained from excavation of the site shall remain the property of the Municipal Corporation and shall be disposed off as the Officer may direct.
7.6 Treasure Trove Fossil etc - All fossils, coins, articles of value or antiquity and structural and other remains things Zoological, geological or archaeological interest discovered in or upon the site shall be absolute property of the Municipal Corporation and the Contractor shall duly preserve them and shall take precautions to prevent his workmen or any other person from removing or damaging any such specimen articles or thing and shall immediately upon discovery thereof and before removal acquaint the officer with such discovery and shall from time to time deliver the same to such person or persons as the Officer may from time to time appoint to receive the same at the expense of the Corporation.
7.7 Protection of trees - Trees designated by the Officer shall be protected from damage during the course of the work and earth level within one meter of each such tree shall not
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be changed. Where necessary, such trees shall be protected temporary fencing. All such cost shall be borne by the Contractor.
7.8 Contractor to preserve peace - The Contractor shall at all times during the progress of the work take all requisite precaution and use his best endeavors for preventing any riotous or unlawful behavior by or amongst the workers and other employed on the works and for the preservation of peace and protection of the inhabitants and security of property in the neighborhood of the works. He shall also pay the charges of such special police (if any) as the Officer may deem necessary.
7.9 Sanitation - The Contractor shall, at his own cost, make all necessary provisions for health and safety of his work-people. He shall, when required by the Officer, provide proper latrines and urinals to the satisfaction of the Officer in such numbers and in such localities as he may require, and shall take all steps necessary to compel his work-people to resort to such latrines and urinals, and shall dismiss from his employ and remove from the works any one detected obeying the calls of nature in any place, other than the conveniences allotted for such purposes. The said latrines shall be under the superintendence and orders of the Officer or his subordinates, and shall be served with Municipal Halalkhore service. The Contractor shall, on no account, allow any huts erect on Municipal property unless otherwise permitted by the Officer in writing, to be inhabited after sunset by anyone except the watchmen required for the Works, and none of his employees, except such watchmen as aforesaid, shall sleep at night on any part of the Works. In case of any offence committed by any of the work people or employees of the Contractor against any of the provisions of this condition the Contractor shall be liable to a penalty not exceeding Rupees Hundred for every such offense and the same shall be charged to the account of the Contractor.
7.10 If the works are situated outside the limits of Navi Mumbai Municipal Corporation, rules and regulations of the local authority shall be made applicable to the Contractor and all the cost and any local taxes thereof shall be borne by the Contractor.
7.11 Official Secrecy - The Contractor shall take whenever required necessary steps to ensure that all persons employed on any work and treatment process in connection with this Contract have noticed that the India Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after execution of such work and treatment process under the Contract.
7.12 Sub- letting The Contractor shall not sub-let or attempt to sub-let the whole of the works and
treatment process and treatment processes. Except where otherwise provided by the Contract, the Contractor shall not sub-let any part of the works and treatment process and treatment processes without the prior written approval of the Officer, which shall not be unreasonably with-held, and such approval, if given, shall not relieve the Contractor from any liability or obligations under defaults and neglects or any sub-contractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen. Provided always that the engagement of labour on a piece-work basis or labour with material not to be incorporated in the work and treatment process shall not be deemed to be a sub-letter under this Clause.
8 METHODOLOGY OF OPERATION/ SERVICES – 8.1 Scope of Work:-
Catching of stray/ownerless animals - Picking up or catching nuisance creating/ ownerless/ stray animals or such other animals as directed by Veterinary Officer from entire NMMC area and transporting them to the cattle pound designated by NMMC.
Contractor shall employ skillful persons for this purpose to avoid any injury or damages done to animals or other persons and property.
Transportation - The Contractor shall at his own cost and labour, transport the requisite articles or such other things required FOR CONTROLL OF STRAY CATTLE within NMMC area or as specified in SCHEDULE A
A vehicle for transportation or catching CATTLE within NMMC limit shall be sourced by the contractor at his own cost.
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All recurring expenses including comprehensive maintenance/fuel/driver cost etc such other body part and paint shall be born by the Contractor.
Contractor shall transport unclaimed or ownerless animals after 7 days or as prescribed by the Officer from cattle pound to GOSHALA/PANJARAPOL in contractor owned/rented vehicle.
Contractor shall not drive/ use vehicle meant for Cattle Pound Management in NMMC area, outside of NMMC limit without prior approval from Officer.
Management of animals in pound- Such anim als shall be kept at cattle pound till valid claim from valid owner arrives or for 7 days
(whichever is lesser). Contractor shall provide prompt Veterinary care & assistance to diseased and injured
animals. Identification of animals – Ear (Left) tagging /branding/tattooing or such other method
specified by VO shall be employed by contractor through skilled person for identification of confiscated animals for future reference.
Collection of Fine- Contractor shall collect a fine as mentioned below (or as prescribed by the NMMC from time to time) from valid owner, after satisfactory verification of ownership of confiscated animals. Contractor shall print proper receipt book in triplicate and tender receipt to the concerned and shall submit it with monthly bill.
Sr No.
Type of animalजनावराचे प्रकार
Fine in Rs.One time Cost
जनावरा या मालकाकडून घ्यावयाचा दंड
Fodder/feed cost in Rs. Per day
खनावळ खचर् प्रती िदन
1 Cattle/Buffalo गाय/ हैस
4000/- 200/-
2 Calf/Buffalo calf गाय, हैस यांचे वास (रेडकू)
1000/- 100/-
3 Horse/Donkey घोड/ेगाढव
1000/- 200/-
4 Foal/Colt घोड/ेगाढव यांची िप ले (िशगं )
500/- 100/-
5 Sheep/Goat शेळया व मढया
500/- 100/-
6 Lamb/Kid शेळया व मढया िप ले (कोक )
250/- 15/-
Note: Contractor shall in each month transfer 90% part of fine collected to NMMC or such
amount will be deducted from his monthly bill. Feeding and watering of such animals- Contractor shall feed the animals as per the
nutritional requirement. Contractor shall arrange clean and ample quantity of drinking water for each animal. Contractor shall collect the feeding charges as mentioned above and no part will be transferred to NMMC.
Unclaimed or overstayed animals then shall be transported to PANJARAPOL/ GOSHALA or such other places prescribed by the Contractor (as in Schedule A) in consultation with NMMC Officer.
Contractor shall efficiently maintain and manage all cattle pounds and its day to day activities such as feeding/ watering/ handling/ cleaning of animals and upkeep of pound.
8.2 Instructions :- a. The above mentioned methods are to be judiciously employed singly or in suitable
combinations.
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b. Above procedures is to be followed under the supervision of the skilled and qualified persons deputed by the contractor.
c. Name of the complainant must be entered in to the register maintained by the contractor.
d. He shall carry out all his activities in SCIENTIFIC and Judicious manner. e. Care should be taken during activity process. NMMC shall not be responsible in any
manner for any mishap that may occur during the whole programme and for any method that may be employed by the contractor.
f. Any attempt by contractor to manipulate number of animal confiscated/ transported/ kept/died/ returned to owner or any other information of his activity such as management and attendance of labour at cattle pound/ fine collected from valid animal owner or such other information , will be taken as an attempt to deceive the CORPORATION and action deemed fit as per appropriate Criminal Law shall be taken against the contractor apart from the penalty which shall be imposed without prejudice in such case.
g. Cost of Vehicle, driver, labour, fuel and recurring expenses shall be born by the contractor.
h. Contractor shall maintain the records as specified by the Officer from time to time. i. It shall be the responsibility of a contractor to handing animals to its valid owner.
Selling of animal from cattle pound is strictly prohibited. j. It shall be the duty of contractor to inform Officer the course of each and every
animal. k. Contractor shall perform his duty 24 hours a days and 7 days a week and accordingly
employ persons in this regard. l. Pound cleaner/ trained animal handler and such other persons employed by contractor
may allow to stay at Cattle pound to take care of animals confiscated. m. Contractor shall remain responsible for security including health of workers. n. Biometric attendance shall be mandatory.
8.2 Monthly programme is to be drawn in advance for each control activity. A copy of which should be kept with head office and also at ward level & the local health authority. Any deviation without approval or non-adherence to the programme shall attract penalty. Contractor shall stick to their monthly chalked out program.
8.3 Records and reports:-
a. Contractor shall submit all activity report in prescribed format after verification form Officer or Officer’s representatives at ward level.
b. He shall submit verified bills (from Officer or Officer’s representatives) in duplicate. c. He shall submit monthly report in duplicate to Veterinary Officer. d. Records should be maintained and periodical reports should be submitted to
Veterinary Officer or authorities mentioned therein in manner and formats specified in there regards.
e. Contractor shall submit daily Activity report at ward level and weekly activity report at Head Office.
8.5 Verification of work :-
The Sub Sanitary Inspector/ Sanitary Inspector/ Sanitary Officer/ Veterinary Officer/ Medical Officer of Health or any other Officer of NMMC may verify the quantum and quality of performance of all activities of the contractor. Bill payment is subject to evaluation of performance.
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8.6 Duties and powers of the Officer’s representatives The duties of the representative of the officer 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 and treatment processes. He shall have no authority to relieve the Contractor of any of his duties or obligations under the contract or to except as expressly provided here under or elsewhere in the contract to order any work involving delay or any extra payment by the Municipal Corporation or to make any variation of or in the works and treatment processes. The Officer may from time to time in writing delegate to the Officer’s representative any of the powers or authorities vested in the officer and shall furnish to the Contractor a copy of all such written delegations of powers and authorities. Any written instruction or approvals given by the Officer’s Representative to the Contractor with the terms of such delegation (but not otherwise) shall be binding on the Contractor as if given by the Officer). Failure of the representative of the Officer to disapprove any work or material shall not prejudice the power of the Officer thereafter to disapprove such work or treatment process and to order the elimination up thereof. If the contractor shall be dissatisfied with any decision of the representative of the Officer he shall be entitled to refer the matter in writing to the Officer who shall thereupon confirm, reverse or vary such decision.
Note :- Before awarding the contract the candidate contractor may have to appear before
the selection committee beside completing other formalities already specified elsewhere in the contract document.
8.7 Penalties :- Sr.No. Operational activity Penalty (a) Non-attendance of animal nuisance complaint within 4 hours Rs.500/- per incidence. (b) False recording or false reporting
manipulation of recording or false reporting upto Rs.5000/- (Rupees One Thousand Only) per incidence.
(c) Defying or non compliance of instructions upto Rs. 500/- incidence.(d) If indiscripancy found by ANY Officer of the NMMC or such
person designated by the COMMISSIONER Rs. 1000/- per incidence
(e) Non availability of vehicle due to contractors default. Rs. 1500/- per day (f) If confiscated animal found to be sold by the Contractor Rs. 5000/- per incidence (g) If contractor failed to inform Officer about the course of any
animal. Rs. 500/- per incidence
(h) Deviation from instruction (other than above clauses) Rs. 500/- per incidence (j) Non Submission of reports at HQ as mentioned in 8.3 Rs. 1000/- per incidence (k) Absentee of worker for more than 3 days without prior
information. Absent mark + 10 % of absent days salary.
1. The operator has to pay wages to contract workers by 10 th of every month, otherwise a penalty equal to 5% of the unpaid amount per month will be recovered from the monthly bill.
2. If any worker is found in the field without clean and proper uniform then the penalty of Rs. 100/- per worker per occurrence will be imposed.
3. Contractor may deduct penalty amount as shown in 8.7 (k) from workers salary. 4. After submission of bills, if any misleading/misrepresenting information is observed at HQ level then
5 % of claimed amount may be deducted as penalty. 8.8 The contractor has to attend complaint within Four (4) hours. 8.9 Cattle Pound: NMMC shall hand over its cattle pound (currently at Vashigaon) to the
contractor on lease free basis. Contractor shall pay the electricity bill for the single room which he will occupy on temporary basis.
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9. Engagement of Staff & Labour 9.1 The Contractor shall employ in and about the execution of works and treatment process
only such persons as are skilled and are experienced in their several trades and the Officers shall be at liberty to object to and require the Contractor in or about the execution of the work and treatment process, who in the opinion of the Officer misconducts himself or is incompetent or negligent in the proper performance of his duties and such person shall not be again employed upon the works and treatment process and treatment processes without permission of the Officer.
9.2 The Operator shall employ skilled (eg Veterinarian/ LSS ), skilled labour in sufficient numbers to carry out its Services at the required rate of progress and of quality to ensure workmanship of the degree specified in the Contract for timely fulfilling of the Operator's obligations under the Contract and to the satisfaction of the Competent Authority. Structure of Manpower – Consultant Veterinarian - 01 (Part time) Part of operational cost Cattle pound Managers - 01 (full time) Driver - 01 (full time) Pound cleaner/ trained animal handler - 03 (full time) Part of Manpower cost Trained animal catchers - 06 (Full time) Total - 10 employees Note – Number of employees/labour may vary in each category (with consultation of NMMC or its Officer) depending upon size and number of Cattle Pounds.
9.3 The Operator shall not employ in connection with the Services any child who has not completed his/her eighteen years of age. It shall also not employ an adolescent who has not completed his/her eighteenth year unless he/she is certified fit for carrying out Services as an adult as prescribed under clause (b) of sub-section (2) of Section 69 of the Factories Act, 1948.
9.4 The Operator shall provide its staff, a minimum of two sets of uniforms with the titles 'NMMC' inscribed on the back and subject to approval of the Corporation. Each worker on duty shall wear a clean uniform whenever on duty.
9.5 The Operator shall, if required by the Competent Authority, deliver to it, in such form and at such intervals as the Competent Authority may prescribe, a return showing the numbers of the several classes of staff employed by the Operator on the Site and such other information as the Competent Authority may require.
9.6 If the Competent Authority asks the Operator to remove a person who is a member of the Operator's staff stating the reasons, the Operator shall ensure that the person leaves the Site within seven (7) days and has no further connection with Services under this Contract.
9.7 At all times during continuance of the Contract, the Operator and its Subcontractors shall abide by all existing and future labour enactment and rules made hereunder, regulations, notifications and bye-laws of the Central, State or Local Government. The Operator shall keep the Corporation indemnified in case any action is taken against the Corporation by any Authority on account of contravention of any of the provisions of any Act or rules made hereunder, regulations or notifications including amendments.
9.8 If the Corporation is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye-laws/acts/rules/regulations including amendments if any, on the part of the Operator and in connection with labour enactment, the Competent Authority shall have the right to deduct any money due to the Operator including its amount of Security Deposit. The Competent Authority shall also have the right to recover, from the Operator, any sum required or estimated to be required for making good the loss or damage suffered by the Corporation.
9.9 Contractor’s Supervision - The Contractor shall himself supervise the execution of works or shall appoint competent agent approved by the Officer to act in his stead. If, in the opinion of the Officer the Contractor has himself not sufficient knowledge and experience to be capable of receiving instructions or cannot give his full attention to the works, the Contractor shall at his own expense, employ as his accredited agent an Officer
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or a suitably qualified and experienced person approved by the Officer. The name of the agent so appointed, along-with the qualifications, experience and address shall be communicated to the Officer. The Agent shall be a responsible person adequately authorized by the Contractor to take decision on site and to spend money if required for procuring material and labour etc. to carry out emergency works in the interest of the contract Work, if so required by the Officer. Orders given to Contractor’s agent shall be considered to have the same force as if these had been given to the Contractor himself. If the Contractor fails to appoint a suitable agent as directed by the Officer, the Officer shall have full powers to suspend the execution of the works until such date as a suitable agent is appointed and the Contractor shall be held responsible for the delay so caused to the Works.
9.10 Operational Cost – Operational cost shall include all expenditure incurred by the contractor to run the services of cattle pound management. This will generally include,
9.10.1 Cost on vehicles 9.10.2 Vehicle fuel cost 9.10.3 Vehicle repair and maintenance 9.10.4 Other supplementary and lawful expenses incurred upon vehicle 9.10.5 Manager 9.10.6 Veterinary expenses 9.10.7 Administrative charges 9.10.8 Any other lawful expenses specifically not mentioned in this tender
notice. 10. Operator's Superintendence 10.1 The Operator shall provide all necessary superintendence while carrying out its Services
and as long thereafter as the Competent Authority may consider necessary for the proper fulfilling of the Operator's obligations under the Contract. The Operator shall nominate a competent and authorized representative (“Operator's Representative”) approved of by the Competent Authority, which approval may at any time be withdrawn. The Operator's Representative shall give its whole time to the superintendence of the Services. The Operator's Representative shall receive, on behalf of the Operator, instructions from the Competent Authority, which shall be deemed received by the Operator.
10.2 If the Competent Authority withdraws approval of the representative, the Operator shall remove the representative from the Services within twenty-eight (28) days, and replace him by another representative approved by the Competent Authority.
10.3 Inspection of site and sufficiency of tender (a) The Contractor shall inspect and examine the site and its surrounding and shall satisfy
himself before submitting his tender as to the nature of the ground and soil, the completed floor, slabs of building construction work, the walls and floorings of existing structure, the level of infestation, the severity of infection, the accessibility of treatment , the equipments and the machinery or machine(in case of indoor treatment to the furniture and fixture) and environmental and sanitary condition.
(b) The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and treatment process and of the rates and prices quoted in the schedule of works and treatment process/item/quantities, or in Bill of Quantities, which rates and prices shall, except as otherwise provided, cover all his obligations under the Contract and all matters and things necessary for proper completion and maintenance of the works and treatment process and treatment processes, No extra charges consequent on any misunderstanding will be payable.
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D. CONTRACT PRICE AND PAYMENT
11. Contract Price 11.1 The Operator shall be paid the Contract Price every month. The Contract Price shall cover
all expenditure incurred on staff, establishment, maintenance and repairs, spares and consumables, and any other expenses.
11.2 The Operator shall pay all the Taxes directly to respective organizations and to the Government of India. The Corporation shall not take any responsibility for any kind of Tax payment to the Government or quasi-Government bodies at any point of time, other than those specified under CC Section 26.4.
11.3 All charges on account of octroi, Cess, terminal or sales tax and other duties on material obtained for the Services from any source including the tax applicable as per Maharashtra Sales Tax Act in the goods involved in the execution of the Services, etc. shall be borne by the Operator.
11.4 Contractor shall collect fine as prescribed by NMMC from the valid owner of confiscated animal before releasing it. Percentage and part (as communicated by NMMC or its Officer from time to time) of such collected fine then be transferred to NMMC.
11.5 Contractor shall pay all workers as per Government Resolution issued wrt Minimum Wages Act, 1948 or as per General Body of NMMC resolve from time to time. Additional expenses in this regard may be paid to contractor from NMMC after following due procedure. Additional expenses related to salary (lavy, allowances) will be paid to contractor only after submission of respective bills for reimbursement.
12. Procedures for Payment 12.1 The Operator shall submit a bill for payment at the end of every month. The bill shall be
in accordance with the Services carried out during the Contract Period from the last date of the previous bill and shall also account for any outstanding amounts, which are due from the Corporation.
12.2 Contractor shall submit his activity report in prescribed format on weekly basis or as instructed by officer from time to time at ward level and NMMC headquarters.
12.2 The Competent Authority shall check the Operator's bill and certify the amount to be paid to the Operator after taking into account any incentive or penalties for the period in question. Where the incentives and penalties are still to be determined, the Corporation shall proceed to make payment to an extent of ninety (90) per cent of the amounts due, subject to the condition that no major deficiency in the Services has been noticed.
12.3 The Corporation shall pay the Operator the amounts certified by the Competent Authority within sixty (60) days of the date of each certificate. All payments shall be made in Indian Rupees.
13. Assignment13.1 The Operator shall not subcontract the whole of the Services or a
substantial part thereof. Except where otherwise provided by the Contract, the Operator shall not subcontract any part of the Services without the prior consent of the Competent Authority. Any such consent shall not relieve the Operator from any liability or obligation under the Contract and it shall be responsible for the acts, defaults and neglects of any Subcontractor, its agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Operator, its agents, servants or workmen.
13.2 The Operator shall not be required to obtain such consent for: (a) The provision of labour, or (b) The purchase of materials specified in the Contract. 13.3 In the event of a Subcontractor having undertaken towards the Operator in respect of the
work executed, or the goods, materials, plant or services supplied by such Subcontractor, any continuing obligation extending for a period exceeding that the of the Contract Period under the Contract, the Operator shall at any time, after the expiration of such period, assign to the Corporation, at the Corporation's request and cost, the benefit of such obligation for the unexpired duration thereof.
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D. DEFAULT OF CONTRACTOR 14. Events of Default 14.1 At any time after the Commencement Date, the Competent Authority may investigate each
case where the Contractor has failed to properly perform the Services in accordance with this Contract. The Competent Authority shall issue a notice to the Contractor, instructing him to rectify the failure within a reasonable time.
14.2 An event of default on the part of the Contractor, which results from the Contractor being unable to fulfill its Service obligations under the Contract, shall be deemed as a serious default, and is said to have occurred due to any of the following causes: a) Also the Competent Authority certifies to the Corporation, with a copy to the
Contractor, that, in its opinion, the Contractor: i) Has repudiated the Contract, or Ii) Without reasonable excuse has failed to commence Services in accordance with
this Contract, and pursuant to the Commencement Date; or failed to complete the Services within the time stipulated for completion;
b) Gross misconduct of the Contractor; c) Despite previous warning from the Competent Authority, in writing, is otherwise
persistently or flagrantly neglecting to comply with any of its obligations under the Contract;
d) The Contractor stops to provide services and the stoppage has not been authorized by the Competent Authority;
e) If the Contractor is in breach of any law or statute governing the Services; f) The Contractor in the judgment of the corporation has engaged in corrupt fraudulent
practices in competing for or in carrying out the services under the contract. 15 Consequences of Default 15.1 Giving three (3) days notice to the Contractor terminate the Contract without thereby
releasing the Contractor from any of its obligations under the Contract, or affecting the rights and authorities conferred on the Corporation by the Contract.
15.2 Corporation shall be entitled to invoke the Security Deposit and carry out the Services through a Successor Contractor or departmentally and at the risk and cost of the Contractor. If the total amount due to the Corporation exceeds any payment due to the Contractor the difference shall be a debt payable to the Corporation.
E. SECURITY DEPOSIT
16 Security Deposit 16.1 The Contractor shall pay a Security Deposit equal to the Amount indicated in the
Schedule A as security for due fulfillment of the Contract, within fifteen (15) days after receipt of intimation in writing of acceptance of Tender.
16.2 The mode of making this deposit is as under. a) Initial Security Deposit: It is optional to the Contractor 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 Nationalised/ Scheduled Banks in the enclosed format; (Annexure 1 of the Detailed Tender Notice)
OR Partly in cash and partly in form of National Saving Certificate pledged in favour of the Corporation or bank guarantees/fixed deposit from Nationalised/ Scheduled Banks in the enclosed format.
16.3 All compensation or other sums of money payable by the Tenderer under the terms of this Contract or any other account whatsoever, may be deducted from or paid by the sale of a sufficient part of this Security Deposit or from any sums which may be due or may become due to the Contractor by the Corporation on any account whatsoever, and in the event of its Security Deposit being reduced by reason of any such deduction,the Contractor shall within fifteen (15) days of receipt of notice of demand from the Corporation make good the deficit.
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16.4 In the event of the said deposit having been made by the Contractor by delivery to the
Corporation by the guarantee of the bankers of the Contractor, and of the Contractor under any of the provisions of this Contract becoming subject to or liable for any penalty for damages liquidated or un-liquidated or of the said deposit becoming forfeited or any breach or failure or determination of Contract, then, and in such case the amount of any such penalty or damages and the deposit so forfeited is not previously paid to the Corporation, shall immediately on demand be paid by the said bankers to Corporation and may be forfeited by the Corporation under and in terms of the said guarantee.
16.5 There shall be no liability on Navi Mumbai Municipal Corporation to pay any Interest on the Performance Security deposited by or recovered from the Contractor.
16.6 There shall be no liability on Navi Mumbai Municipal Corporation to pay any interest on the Security deposited by or recovered from the Contractor.
17 Forfeiture of Security Deposit If during the term of this Contract the Contractor is in Default of the due and faithful
performance of its obligations under this Contract, the Corporation shall, without prejudice to its other rights and remedies hereunder or at the Applicable Law, be entitled to call in, retain and appropriate the Security Deposit.
18 Return of Security Deposit Subject to CC Section 45.1, excepting the Security Deposit of the last Operating Year,
each Security Deposit shall be returned to the Contractor by the Corporation within five (5) days following the expiration of its validity, provided that there are no outstanding claims of the Corporation on the Contractor. The Security Deposit shall be returned to the Contractor at the end of three (03) months after the Completion Date or Termination Date of this Contract.
F. PROCEDURE FOR DISPUTES & ARBITRATION
19 Competent Authority's Decision If a dispute(s) of any kind whatsoever arises between the Contractor and the Competent
Authority's Representative the same shall be referred to the Competent Authority for its decision with detailed justification. Such reference shall be stated that it is in pursuance to this clause and is for reviewing and giving decisions by the Competent Authority. The Competent Authority shall give its decision within fourteen (14) days of receipt of notice. If either Party is not satisfied with the decision of the Competent Authority or the Competent Authority fails to give the decision within the period of fourteen (14) days from the date of receipt of notice under this clause, such a dispute may be referred to arbitration as per CC Section 47.
20 Sole Arbitration Except where, otherwise provided for in this Contract, all questions and disputes relating
to the meaning of or as to any other question, claim, right, matter of handling whatsoever, if any arising out of or relating to this Contract, or these conditions or otherwise concerning the Services, or the execution or failure to execute the same where arising during the progress of the Services or after completion or abandonment thereof of any matter directly or indirectly connected with this Contract shall be referred to the sole arbitration of the Municipal Commissioner, and if the Municipal Commissioner is unable or unwilling to act as such, then the matter in dispute shall be referred to sole arbitration or such other person appointed by the Municipal Commissioner who is willing to act as such Arbitrator.. It is also a term of this Contract that no Person other than a Person appointed by the Municipal Commissioner as aforesaid should act as an Arbitrator.
21 Governing Provisions As aforesaid the provisions of the Arbitration and Conciliation Act 1996 or any
Statutory modification or reenactment there of and the rules made there under and for the time being in force shall apply to the arbitration proceedings under this clause.
