NAVI MUMBAI MUNICIPAL CORPORATION

GARDEN DEPT

TENDER NOTICE NO.-NMMC/GARDEN/B1/65(5)/2019-20

Removal of Dead and dangerous trees / branches from public as well as

private premises in “F” Ward GHANSOLI for the period of 5 years.

Date of sale - 13/03/2020 to 20/03/2020 up to 13.00 Hours

Date of submission - 20/03/2020 At -15.00 Hours

to

23/03/2020 up to At- 15.00 Hours

Date of Opening - 23/03/2020 At 16.00 Hours

Tender Price Rs. 590/- (Non – Refundable)

(Rs.500 + S.GST (9%) - 45/- & C.GST (9%) - 45/-) To be paid by Net banking / any Bank Credit or Debit Card.

Tender Document

VOLUME 1

TENDER INFORMATION

MUNICIPAL COMMISSIONER NAVI MUMBAI MUNICIPAL CORPORATION Municipal Head Office Building

Plot no 1, Near Killegaonthan, Palmbeach Junction, sector 15A, CBD, Belapur , Navi Mumbai – 400614.

TENDER 2019

NAVI MUMBAI MUNICIPAL CORPORATION GARDEN DEPT

RE-TENDER NOTICE NO.-NMMC/GARDEN/B1/65(5)/2019-20

Removal of Dead and dangerous trees/ branches from public as well as private

premises in “F” Ward GHANSOLI for the period of 5 years.

VOLUME I – TENDER INFORMATION

Section 1 : Tender Notice. Section 2 : Instructions to Tenderers.

Section 3 : Form of Tender, Appendix to Tender, Qualification

Information. Section 4 : Form of Securities & Agreement.

VOLUME II - TECHNICAL SPECIFICATIONS

Section 1 : Specifications

Navi Mumbai Municipal Commissioner

Navi Mumbai Municipal Corporation

VOLUME - 1

TABLE OF CONTENTS

Section No.

Title

1

.

Tender Notice.

2.

Instruction to Tenderers.

3

Forms of Tender, Appendix to Tender & Qualification Information.

4

Form of Securities & Agreement.

Volume 1 : Section 1

e-Tender notice

Schedule ‘A’

NMMC invites Tenders in B-1 form through E-Tendering system from Contractors Registered or

unregistered who completes terms & condition mentioned in tender document for Works

below 1.50 Cr. Blank Tender forms will be available from 13/03/2020 up to 20/03/2020 1:00

hrs on E-Tendering website www.nmmc.maharashatra.etenders.in To download the blank

tenders, the bidders shall pay tender cost paid through online payment gateway by using

Credit Card/Debit Card of any bank or by Net Banking in favour of NMMC. The Tender should

be submitted through E-Tendering system only on the web site www.nmmc.maharashatra.

etenders.in before 20/03/2020 upto 3.00 hrs .

1. Name Of work - Removal of Dead and Dangerous trees / branches from Municipal as

well as private premises in "F" Ward GHANSOLI for the period f ive years

2. Estimated Cost Of Work - Rs.34,07,400/-

3. Persons responsible For This Work- DMC (Garden)

Horticulture Officer

Asst. Horticulture Officer

Garden Superintendent

Ward officer

4. Period Of Sale Of Tender

Documents. From 13/03//2020 to 20/03/2020 downloaded from

official web site (www.nmmc.maharashtra.etenders.

in) of the Corporation

5. Cost Of Each Tender Form Rs.500/- +18% GST Total Rs.590/- Payable through online

payment gateway by Debit/Credit Card of any Bank or by

Net Banking from bidders/Agencies bank account only, in

favour of Navi Mumbai Municipal Corporation. Online

receipt for the same should be uploaded with the technical

documents.

6. Earnest Money Rs.34,100/-

Payable through online payment gateway by Debit/Credit

Card of any Bank or by Net Banking from bidders/ Agencies

bank account only,in favour of Navi Mumbai Municipal

Corporation . Online receipt for the same should be uploaded

with the technical documents.

Fixed EMD is not Considered for any Tender.

7. Last Date Of Receipt of Tender 20/03/2020 Up To 13.00 Hours

8. Probable Date And Time of Opening - Date 23/03/2020 At -16.00 Hour Of Tender

(If Possible)

9. Eligibility

Registration - NIL

I) Turn Over -Annual Financial turnover during the last 5 Years, Ending 31st march of the

previous financial year, should be at least 75% of the annual cost of this work.

Annual Cost = (Total Cost of the Work)

Completion period in years)

II) Experience – Lead bidder should have one of the following experiences within the last five years for the development of horticulture works in government/semi government/ Municipal Corporation and public sector undertaking.

1. Three completed works of similar type of work in government / semi

government/ Municipal Corporation and public sector undertaking not less

than in around 40% (Rs.13,62,960/-) (Actual tender cost Rs. 34,07,400/-)

OROROROR

2. Two completed works of similar type of work in government / semi

government/ Municipal Corporation and public sector undertaking not less

than in around 50% (Rs.17,03,700/-) (Actual tender cost Rs. 34,07,400/-)

OROROROR

3. One completed works of similar type of work in government / semi

government/ Municipal Corporation and public sector undertaking not less

than in around 80% (Rs.27,25,920/-) (Actual tender cost Rs. 34,07,400/-)

III) Bid Capacity - (A x N x 1.5) – B

Where as A = Maximum Annual Turnover of last five years

(As per current rate)

N = Period of work

B = Work cost of work in hand (during tender period)

IV) Qualified Personnel – 1) Graduate in Agriculture / Horticulture/forestry/ botany. -01 Nos.

or

2) Diploma in Agriculture / Horticulture. – 02 Nos.

V) Equipment & Machinery Required –

Bill Hook, Axe, Electric Chain Saw Machine, Petrol / diesel Chain

Saw Machine, Manually operated Chain Saw Machine, Pick axe,

Ghamela, Spade, Crow bar, Hand saw should be have with

contractor & ownership is mandatory.

Undertaking for hiring for Lorry, JCB, Hydra to be hired whenever

required should be given on Rs.500/- stamp paper.

VI) Certification - Tenderer should have valid Registration certificate

10. Validity Period – The Offer Of The Contractor Shall Remain Valid For 120 Days From

The Date Of Opening Of Tender.

11. Total Security Deposit (2.00%)-Rs.68,148/- (To be paid at the time of agreement),

(Security deposit & Bank Guaranty drown in the favor of NMMC from National/

Commercial Scheduled bank only.)

12. Contract Period - 5 Years (to be renewed annually for continuation, in accordance

with General Conditions of Contract- 69.b

13. Defects Liability Period - After completion 1 Year

14. Others:- Price Variation Clause.- No price variation clause applicable as the work has

100% budget provision.As per GR No.सीएट�/2017/�..08/इमा-2, द.27/09/2019,

Para No.2.9.5

15. 1) Tenderer/Bidder Should Submit Affidavit & Undertaking In Requisite Format On

Rs.500/- Stamp Paper.

2) Tenderes/Bidders Should Note That As Per The Construction Workers Welfare Act

1996, 1% Cess Of Contract Value Towards The Welfare Of Construction Workers

Will Be Deducted From The Bills.

16. Additional Performance Security Deposit - The agency have to submit an undertaking along

with Techical documents mentioned that “Additional Performance Security Deposit

submitted in envelope No.2”.

The agency will have to furnish an additional 1 % Security Deposit quoted by it below 10%

and in case the agency quotes 14% below the cost put to tender, it will have to furnish an

additional security deposit of (14%) –(10%) = 4% i.e. (1%) + (4% ) = 5% . If agency quotes

15% Below the cost put to tender, it will have to furnish an additional security deposit of

(19%)-(15%) = 4% x 2= 8% in financial Envelope No.(2) in the form of Bank Guarantee/FDR

of any Govt. Bank or Schedule Bank having MICR and IFSC Code in the name of concern

authority. The validity of Bank Guarantee should be upto defect liability period of works

from the date of issue (For detail Please refer the GR No. सीएट�/2017/�..08/इमा-2,

द.27/09/2018, For online Tender, The Agency Should upload the Scan Copy of Bank

guarantee/FDR with Technical Document.

If contractor not submitted online Additional Performance Security Deposit then he

has to submit it within maximum 08 days without fail as per the GR No.सीएट�/2017/

�..08/इमा-2, द.26/11/2018.

17. Tenderer/Bidder Should submit Affidavit and Undertaking in Requisite format on

Rs.500/- Stamp Paper and All Scheduleds are in prescribed format & updated upto

date.

18. The bidder must have to submit the HARD COPY within 72 hours after the bid lock

Every document is self attested by the bidder. Bidder must have to produce the original

documents for verification wheneven NMMC required. (as per the GR No.GR No.GR No.GR No.सीएट////

2012012012019999//// ....�....121212120/0/0/0/ इमा----2, 2, 2, 2, �द....17171717////09090909////2019.)2019.)2019.)2019.)

19. As Per Government of Maharashtra Circular, GST has been come into account from 1st

July, 2017 So Henceforth while quoting tender, Tenderer has to consider the GST factor

(GR No शासन प�रप�क -जीएसट�-2017/�..81/कराधान/ द.19/08/2017 and द.11/09/2017)

20. If the bidder is Unemployd Engineer (सु�श��त बेरोजगार अ�भयंता),He have to submit

Undertaking in the technical documents as per GR No. सीएट� 2017/�.ं.69/इमारती-2,

������ 31 �� ,2018.

21. Tenderer/Bidder Should submit Affidavit on Rs500/- Stamp Paper in the prescribed

format regarding the documents submitted in the tender. as per the GR No. सीएट�/

2019/�..127/इमा-2, द.28/11/2018.

22. All uploaded documents should be clear and readable.

Signature of Tenderer No. of corrections Signature of DMC (GARDEN)

Volume 1 : Section 2

Instructions to Tenderer

Volume – 1. Sec. 2 – INSTRUCTIONS TO TENDERERS

CONTENTS

A. General

1. General

2. Source of Funds

3. Eligible Tenderers

4. Qualification of the Tenderer

5. One Tender per Tenderer

6. Cost of Tenderer

7. Site Visit B. Tenderer Documents

8. 16

9. 16

10. Amendment of Tenderer Documents C. Preparation of Tenderers

11. 11

12. 11.1

13. Tenders Prices

14. Currencies of Tenderer and Payment

15. Tenderer Validity

16. Earnest Money Deposit (E.M.D.)

17. List of Approved Banks.

18. Alternative Proposals by Tenderers

19. Meeting for Clarifications of the Tenderer Document

20. Format and Signing of Tenderer D. Submission of Tenderers

21. Deadline for Submission of Tenderers

22. Process to be Confidential

23 Examination of Tenderers and Determination of Responsiveness E. Award of Contract

30. Award of Contract

31. Employer’s Right to Accept any Tenderer and to Reject any or all

Tenderers

32. Notification of Award

33. Signing of Agreement

34. Performance Security

35. Corrupt or Fraudulent Practices

36. deleted

37. Mandatory Conditions

38. Legal and Stationery Charges

39 PROFORMA (I to VII-B)

INSTRUCTIONS TO TENDERERS A General

1.1 The N A V I M U M B A I M U N IC I PA L C O R PO R A T IO N has undertaken Removal of

Dead and Dangerous trees/branches from public as well as private premises in GHANSOLI node,

Municipal Commissioner of Navi Mumbai Municipal corporation (referred to as Employer in

these documents) invites tenders for the work of Removal of Dead and Dangerous trees/branches

from public as well as private, society, Government and semi Govt. Limited / Pvt. Ltd Company

Premises.

Various contractors are invited to submit their technical and financial tender in the

prescribed 1.2 The successful Tenderer will be expected to complete the Works by the Intended Completion Date specified in the Tender Data or in respective Work Order issued.

2. Sources of Funds Internal Funds

3. Eligible Tenderers 3.1 This invitation for Tenders is open to all Tenderers subject to post qualification of the

Tenderer as per the criteria set. 3.2 Not used.

4. Qualification of the Tenderer 4.1 All Tenderers shall submit a written power of attorney authorizing the signatory of the

Tender to commit the Tenderer. They shall submit the following information. a Evidence of Access to Lines of Credit / or solvency and Availability of other Financial

Resources; b Financial Predictions for the current year and the two following years, including the effect

of known commitments; c Work Commitments acquired; d Current Litigation Information; e Availability (owned) of various Equipment.

4.2 Not used 4.3A All Tenderers shall include the following information and documents with their

Technical Tender (Part ‘A’) (a) Copies of original documents defining the constitution or legal status, place of

registration, and principal place of business; written power of attorney of the signatory of the Tender to

(b) Document indicating the total monetary value of Removal of Dead and Dangerous

Trees / branches work performed for each of the last five years; (c) Details of similar type of works under way or contractually committed; and clients who may

be contacted for further information on those contracts; (d) Not used (e) Qualifications and experience of key site management and technical personnel proposed

for the Contract. Personal, signed, Curriculum Vitae’s of the members; (f) Reports on the financial standing of the Tenderer, such as profit and loss c statements

and auditor's reports, Balance-Sheet for the past five years alongwith CA Certified

(g) Evidence of adequacy of working capital for this contract (access to line (s) of credit

and availability of other financial resources) ; (h) Authority to seek references from the Tenderers bankers (i) Liquid assets and/or availability of credit facilities of not less than 15% of tender cost (Credit

lines/letter of credit/certificates from Banks for meeting the funds requirement etc.) (j) Information regarding any litigation or arbitration resulting from contracts executed by

the Tenderer in the last five years or currently under execution. The information shall

include the names of the parties concerned, the disputed amount, cause of litigation,

and matter in dispute; 4.3B Additional requirements for Individual (Single entity) Tenderer

In addition to all requirements as per clause 4.3A the single entity Tenderer will furnish

following details

(a) Not Used. (b) Documents & photographs showing satisfactorily completed, as a bidder works of "Removal

of Dead and Dangerous trees/branches ",having value as follows Lead bidder should have one of the following experiences within the last five years for the development of horticulture works in government/semi government/Municipal Corporation and public sector undertaking.

1. Three completed works of similar type of work in government / semi government/

Municipal Corporation and public sector undertaking not less than in around 40%

(Rs.13,62,960/-) (Actual tender cost Rs. 34,07,400/-)

OROROROR 2. Two completed works of similar type of work in government / semi government/

Municipal Corporation and public sector undertaking not less than in around 50%

(Rs.17,03,700/-) (Actual tender cost Rs. 34,07,400/-)

OROROROR 3. One completed works of similar type of work in government / semi government/

Municipal Corporation and public sector undertaking not less than in around 80%

(Rs.27,25,920/-) (Actual tender cost Rs. 34,07,400/-)

requisite Amount for five years as per tender notice and as desired by staff of

NMMC the site shall have to shown by the tenderer at his risk and cost.

(c) Not used. (d) Not used. 4.4 Qualification Criteria:

To qualify for submission of Tender document, each Tenderer in its name should have : i Satisfactorily completed as a bidder work of same nature or horticultural

development and maintenance having value during last 5 years as below: Lead bidder should have one of the following experiences within the last five years for the development of horticulture works in government/semi government/Municipal Corporation and public sector undertaking.

4. Three completed works of similar type of work in government / semi government/

Municipal Corporation and public sector undertaking not less than in around 40%

(Rs.13,62,960/-) (Actual tender cost Rs. 34,07,400/-)

OROROROR 5. Two completed works of similar type of work in government / semi government/

Municipal Corporation and public sector undertaking not less than in around 50%

(Rs.17,03,700/-) (Actual tender cost Rs. 34,07,400/-)

OROROROR 6. One completed works of similar type of work in government / semi government/

Municipal Corporation and public sector undertaking not less than in around 80%

(Rs.27,25,920/-) (Actual tender cost Rs. 34,07,400/-)

4.5 To qualify for the contracts for which tenders are invited in the Instructions for

Tenderers, the Tenderer must demonstrate having experience and resources sufficient to

meet the aggregate of the qualifying criteria for the individual contract. 4.6 Even though the Tenderers meet the above qualifying criteria, they are subject to be

disqualified if they have-

•made misleading or false representations in the forms, statements and attachments submitted

in proof of the qualification requirements; and/or

•record of poor performance such as abandoning the works, not properly completing the

contract, inordinate delays in completion, litigation history, or financial failures etc. and/or

•Participated in the previous Tender for the same work and had quoted unreasonably high

tender prices and could not furnish rational justification to the employer.

5. One Tender per Tenderer

•Tenderer from one proprietor company can quote for all bids. However, successful tenderer

allotted only one bid.

6. Cost of Tender

The Tenderer shall bear all costs associated with the preparation and submission of his Tender,

and the Employer will in no case be responsible or liable for those costs, regardless of

the conduct or outcome of the Tendering process. 7. Site Visit

7.1 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and

examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Tender and entering into a contract for the subject mentioned

work. The cost of visiting the Site shall be at the Tenderers own expense.

B Preparation of Tenders 8. Language of Tender

8.1 All documents relating to the Tender shall be in English language. 9. Tenders Prices

9.1 All taxes, duties and levies including fees and royalties payable by the Contractor under the contract, or for any other cause, shall be included in the total Tender price submitted

by the Tenderer.

10. Currencies of Tender and Payment 10.1 The prices shall be quoted by the Tenderer entirely in Indian Rupees.

11. Tender Validity 11 Tenders shall remain valid for 120 days, A tender validity for a shorter period shall be rejected

12. Earnest Money Deposit (E.M.D.) 12.1 The Tenderer shall furnish, as part of his Tender, an Earnest Money Deposit in the

amounts

stipulated in the Tender data. This E.M.D. shall be paid through online system . The firms /

contractors, who are already registered with NMMC and have paid Standing Deposit, shall also

have to submit E.M.D. Through online payment system only.

If tenderer quote more than one bid, should submit E.M.D amount stipulated in the tender data

for that respective bid.

12.2 The E.M.D. may be forfeited. EMD shall be paid through online payment system only as per circular no. CA/FRD-I/22 dt 20.10.2015.

(a) if the bidder submits vague/false/forged documents.

(b) if the Tenderer withdraws the Tender after Tender opening during the period of Tender

validity;

or

(c) if the Tenderer does not accept the correction of the Tender Price, pursuant to Clause 28; or

(d) in case of a successful Tenderer, if the Tenderer fails within the specified time limit to i)

sign the Agreement . 12.3 Deleted

13 Alternative Proposals by Tenderer The tender has to be submitted in the required format. Any alternative proposal by the

Tenderers will not be accepted. 14 Meeting for clarifications of the Tender Document

14.1 The Tenderer or his official representative is invited to attend a meeting which will take place at

the venue and time stipulated in the Tender data

14.2 The purpose of the meeting will be to clarify issues and to answer the questions on any matter that

may be raised at that stage.

14.3 The Tenderer is requested to submit any questions in writing or by cable to reach the Employer

not later than 1 day before the meeting. 14.4 Non-attendance at the meeting will not be a cause for disqualification of a Tenderer.

15. Format and Signing of Tender 15.1 The Tenderer shall prepare documents comprising the tender as described in Clause 12 of these

Instructions to Tenderers. Tender shall be submitted online on NMMC website

(www.nmmc.maharashatra.etenders.in ) under e- Tender tab.

15.2 The Tender must be digitally signed.

15.3 The Tender shall contain no alterations, omissions or additions unless such corrections shall

be initialed by the person or persons signing the Tender. 16 Submission of Tenders

The tenderers will submit bid in two packets, i.e. packet ‘A’, packet and packet ‘B’

online under e-tender tab on NMMC website (www.nmmc.maharashtra.etenders.in).

Packet ‘A’ shall contain the certified copies of the following documents. These copies

shall be certified by the Officer not below the rank of Dy. Municipal Commissioner, NMMC

or Practicing Notary approved by of the Govt. of Maharashtra or Govt. of India with his

stamp, with or without a red seal clearly stating his name and registration number, except

where original documents are demanded.

The Packet A shall be uploaded in separate folders provided under Vendor Documents

Folder.

a.Tender shall be submitted online the date specified and shall be received up to 13:00 hrs on

the due date of submission at website specified in the tender notice. During the opening of

the tender Packets, the tenderers / their authorized representatives may attend. b. Packet ‘A’ will be opened online on specified date. Thereafter the list of non-

responsive tenderer will be informed that their tenders have been treated as non-responsive,

specifying the reasons. The list of same will be uploaded on NMMC website.

c. Packet ‘B’ of only the eligible and responsive tenderer(s) shall be opened on specified

/scheduled date, the price quoted, and other relevant details shall be read out.

d. Any change in date and time of opening of Packet ‘A and B’ as specified in the tender

notice, will be displayed at NMMC website.

e. The Corporation reserves the rights to reject all or any of the tender(s) without assigning any

reason.

17. Process to be Confidential

Information relating to the examination, clarification, evaluation and comparison of

Tenders and recommendations for the award of a contract shall not be disclosed to Tenderers

or any other persons not officially concerned with such process until the award to the

successful Tenderer has been announced. Any effort by a Tenderer to influence the

of Tenders or award decisions may result in the rejection of his Tender and his disqualification.

18. Examination of Tenders and Determination of Responsiveness

Prior to the detailed evaluation of Tenders, the NMMC will determine whether each Tender [a] meets the eligibility criteria;

[b] has been properly digitally signed;

[c] is accompanied by the required securities;

[d] is responsive to the requirements of the Tendering documents; and

[e] provides any clarification and/or substantiation that NMMC may require to determine the

responsiveness. 19 Award of Contract 19.1 Subject to Clause 25 ( Mandatory conditions) the Employer will award the Contract to the

Tenderer whose Tender has been determined to be responsive to the Tender documents and

who has offered the lowest evaluated Tender price. 20 Employer’s Right to Accept Any Tender and to Reject Any or All Tenders 20.1 The Employer reserves the right to accept or reject any Tender, and to cancel the Tender

process and reject all Tenders, at any time prior to the award of Contract, without thereby

incurring any liability to the affected Tenderer or Tenderers or any obligation to inform the

affected Tenderer or Tenderers of the grounds for the Employer’s action.

21 Notification of Award 21.1 The Tenderer whose Tender has been accepted will be notified of the award by the Employer

prior to expiration of the Tender validity period by cable, telex, email or facsimile confirmed by

registered letter. This letter (hereinafter and in the Conditions of Contract called the “Letter of

Acceptance”) will state the sum that the Employer will pay the Contractor in consideration of

the execution, completion of the works and the remedying of any defects therein by the

contractor as prescribed by the Contract (hereinafter and in the Contract called “the Contract

21.2 The notification of award will constitute the formation of the Contract, subject only to

the

21.3 Upon the furnishing by the successful Tenderer of the Performance Guarantee pursuant to ITB ,

the Employer will promptly notify the other Tenderers that their Tenders have been unsuccessful.

21.4 If, after notification of award, a Tenderer wishes to ascertain the ground on which his Tender was

not selected, he should address his request to the employer. The employer will promptly

respond in writing to the unsuccessful Tenderer. 22. Signing of Agreement 22.1 At the same time that the employer notifies the successful Tenderer that his Tender has been

accepted, the employer will send the Tenderer the agreement in the form provided in the

Tender documents, incorporating all agreement between the parties.

22.2 Within 28 days of receipt of agreement, the successful Tenderer will sign the Agreement

and deliver it to the Employer, together with the required documents and charges.

22.3 Upon fulfilment of necessary procedure, documents and compliance of requered clauses

the employer will promptly notify the other Tenderers that there Tenders have been unsuccessful

and their E.M.D. will be returned as promptly as possible, in accordance with clause no.16.

23. Performance Security \ Bank Guarantee.

23.1 Within 15 days of receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the

Employer a Performance Guarantee in the form stipulated in the Tender data and the conditions

of contract. The form of performance guarantee provided in section 7 of the Tender document shall be used.

23.2 If the performance security is provided by the successful Tenderer in the form of a Bank

Guarantee, it shall be issued either a) at the Tenderer’s option, by a Nationalized/Scheduled Indian

Bank or (b) by a foreign bank located in India and acceptable to the Employer. Such

guarantees shall be enforceable within jurisdiction of competent courts in Mumbai.

23.3 Failure of the successful Tenderer to comply with the requirements of Sub Clause 25

shall constitute sufficient grounds for cancellation of the award and forfeiture of the E.M.D., and any such other remedy the employer may take under the contract, and the employer

may resort to awarding the contract to the next ranked Tenderer.

24. Corrupt or Fraudulent Practices

The NMMC requires that Tenderers/Suppliers/Contractors under contracts, observe the highest

standard of ethics during the procurement and execution of such contracts. In pursuance of

this policy, NMMC

a) defines, for the purposes of this provision, the terms set forth below as follows : “corrupt

practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract

execution; and

“fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the employer, and

includes collusive practice among Tenderers (prior to or after Tender submission) designed to establish Tender prices at artificial non-competitive levels and to deprive the employer of the

benefits of free and open competition.

b) 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.

c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it any time determines that the firm has engaged in corrupt or

fraudulent practices in competing for, or in executing, a contract.

25. Mandatory Conditions

Tenderers are requested to note that their Tender shall be rejected if the Tenderer

A stipulates the validity period less than what is stated in the form of Tender. B stipulates with hedging condition/ own conditions

C does not fill in & sign the Tender form . D Deleted. F does not disclose the full names and addresses of all partners in the case of partnership concern. G does not submit the following document.

Power of Attorney.

Evidence of access to lines of credit and availability of other financial resources.

Financial predictions for the current year and the two following years including the effect of known commitments.

Work commitments acquired.

Copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory

of the Tender to commit the Tenderer.

Total value of Removal of Dead and Dangerous trees/branches work performed for each

of the last three years.

Experience in works of a similar nature and size for each of the last three years, and

details of works under way or contractually committed; and clients who may be contacted for further information on those contracts.

Reports on the financial standing of the Tenderer, such as profit and loss statements

and auditor's reports for the past three years.

Does not have digitally signed all documents submitted on line for this tender.

H Not used.

I have used fraudulent and corrupt means. J does not submit the Tender before the hour and date fixed for accepting the Tender.

26 Deleted 27 The operator should maintain daily inventory of all item /machinery/instruments / material & it

should be made available whenever required.

28 The Agency appointed for the work needs to take in account the cost of about 2% of contract value

for the third party certification using Management Information System. The common Management

information System agency shall be appointed by the department. If case of default in payment to

the Management information system agency the Deputy Municipal Commissioner shall deduct the

payment from the contractor and and pay to Management Information System on contractors risk and cost.

29 The contractor is expected to carry out the work in such manner as not be cause any damage to

any property on account of negligence or otherwise. The Contractor shall be fully responsible for

making good the damages so caused by him entirely as his own cost.

30 The assets/works/Facilities/Systems of the Corporation shall be at the risk and in the sole charges

of the Contractor and the Contractor shall be responsible for making good any loss or damage

there to arising from any cause whatever including that due to a theft or robbery.

31 The Operator shall provide adequate engineering equipment, garden equipments , maintenance

staff, inventories, and machinery, Vehicle, Telephone connection and all other things, whether of a

temporary or permanent nature required for carry out Operations under the Contract.

32 Ladder Van will provided by NMMC. Charges per day per vehicle Rs.2000/- will be recovered

from contractor.

27. Stamp duty on works contract agreement

27 a. Where the amount or value exceeds Rs. 10 lakh - five hundred rupees plus 0.1 % of the amount,

above Rs. ten lakh subject to the maximum of rupees twenty five lakh stamp duty.

28. Solvency Certificate :-

Sr. No. Class Rs. 1 up to 3 Cr. 30,00,000/-

29. Cost of tender documents is Rs. 500/- + 90/- Appropriate GST as per govt. norms.

Name of the Project

Name of the Employer

Cost of the Project

Date of Issue of

Work Order

Stipulated Date of

Completion

Actual Date of Completion

Actual Cost of Contract Done

Remarks explaining

reasons for

delay, if any 1 2 3 4 5 6 7 8

Sr.

No.

Post

Name Qualification

Work Experience (Prime Candidate /

Alternate)

No. of Years

Name of Projects

1 Horticulturist/botanist 2 Site supervisor

PROFORMA

PROFORMA – I The list of Removal of Dead and Dangerous trees/branches works during last five years:

Sr.

No.

Name of the

Project

Name of the

Employer

Stipulated Date

of Completion

Actual Date of

Completion

Actual Cost of

Work Done

1 2 3 4 5 6

NOTE : 1) Attested copies of completion / performance certificates from the Removal

of Dead and Dangerous trees/branches works in charge should be annexed.

2)Works shall be grouped financial year-wise.

PROFORMA – II Yearly turnover during the last five (5) years.

Sr. No Financial

Year

Annual Turnover Updated Value

to Current Year

Average of

Last 5 years

Page No.

1

2

3

4

5

TOTAL :

PROFORMA – III Removal of Dead and Dangerous trees/branches works work having average turnover in the last

five years.–

Note: Attested copies of completion / performance certificates from the Horticultural incharge

should be annexed.

PERSONAL :

PROFORMA– V

NOTE: Attested copies of qualification certificates and details of work experience shall be

submitted.

Sr.No Equipment No. Owned Documents at Page

1 2 3 4 5

PROFORMA – VI / A MACHINERY :

Sr.N

o

Equipment

No. Owned / Leased / Assured

Access

Documents at Page

1 2 3 4 5

PROFORMA – VI / B

NOTE : The tenderer(s) shall furnish the requisite documents.

PROFORMA – VII/ A Details of Existing Commitments and opening works :

Description

of work Place Contract No.

& Date Name &

Address of the

Employer

Value of

Contract in

Rs.

Scheduled Date

of Completion Value of work

remaining to

be completed

Anticipated Date

of Completion

1 2 3 4 5 6 7 8

PROFORMA – VII / B Details of works for which bids are already submitted –

Description of

work Place Name & Address

of the Employer Value of

Contract in Rs Time Period Date on which

decision is expected Remarks

1 2 3 4 5 6 7

Note : Attested copies of certificates from the Horticultural in charge for each work annexed.

Volume 1: Section 3

General Conditions of Contract Tenderer shall note that if the conditions of GCC are in variance with the following conditions contained in

the tender document, conditions of the tender document shall prevail.

Interpretations and Definitions

1 Singular and Plural Where the context so requires, words importing the singular shall also mean the plural and vice versa.

2 Headings and Marginal notes to

Conditions

Headings and marginal notes to these conditions shall not be deemed to form

part thereof or be taken into consideration in the interpretation or construction

thereof or of the contract.

3 Gender Words importing the masculine gender shall also include the feminine gender.

4 Definitions (a)The “Employer” shall mean the Municipal Corporation for Navi

Mumbai/Municipal Commissioner for Navi Mumbai Municipal corporation, for

the time being holding the said office and also his successors and shall also

include all “Additional Municipal Commissioners, Director (superintendent

of Gardensing Services & Projects)” and the Deputy MunicipalCommissioners, to whom the powers of the Municipal Commissioner, have

been deputed under section 56 and 56-B of Mumbai Municipal Corporation

Act.

(b)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 specifications,

designs, drawings, price schedules, bills of quantities and schedule of rates.

All these documents taken together shall be deemed to form one Contract and

shall be complementary to one another.

(c)The “Contractor” shall mean the individual or firm or company whether

incorporated or not, undertaking the works and shall include legal

representatives of such individual or persons composing such firm or unincorporated company or successors of such firm or company as the case

may be and permitted assigns of such individual or firm or company.

(d)“Contract sum” means the sum named in the letter of acceptance including

Physical contingencies subject to such addition thereto or deduction there-

from as may be made under the provisions hereinafter contained.

(e)Note : The Contract sum shall include the following :

•In case of lump sum contract, the sum for which tender is accepted.

•Special discount/Rebate/Trade discount offered by the tenderer if any and accepted by the Corporation.

•Additions or deletions that are accepted after opening of the tenders.

(f)“Excepted risks” are risks due to riots (otherwise than among Contractor’s

employees) and civil commotion (in so far as both these are uninsurable), war

(whether declared or not), invasion, act of foreign enemies, hostilities, civil

war, rebellion, revolution, insurrection, military or usurped power, any act of

government, damage from aircraft, acts of god, such as earthquake, lightning

and unprecedented floods and other causes over which the Contractor has no control and accepted as such by the Commissioner or causes solely due to use

or occupation by the Municipal Corporation of the works in respect of which a

certificate of completion has been issued or a cause solely due to faulty municipal design of work.

(g)The “Corporation” or the “Municipal Corporation” shall mean the

NAVI MUMBAI MUNICIPAL CORPORATION, constituted under the

M.M.C. Act. (h)The “Annexures” referred to in these conditions shall means

the relevant annexure appended to the tender papers issued by the Municipal

Corporation. (i)The “Site” mean the land and other places “more specifically

mentioned in the special conditions of the tender”, on, under, in or

through which the permanent works or temporary works are to be executed

and any other lands and places provided by the Municipal Corporation for

working space or any other purpose as may be specifically designated in the

contract as forming part of the site.

(j)“Urgent works” shall mean any urgent measures which in the opinion of the

superintendent of Gardens become necessary during the progress of the work

to obviate any risk of accident or failure or which become necessary for

security.

(k)The “Works” shall mean the Works to be executed in accordance with the

contract or part(s) thereof, as the case may be and shall include all extra or

additional, altered or substituted works as required for performance of the contract.

(l)“Construction Plant” shall mean all appliances or things of whatever nature

required in or about the execution, completion or maintenance of the works or temporary works (as here in after defined) but shall not include materials or

other things intended to form or forming part of the Permanent Works.

(m) “Temporary Works” shall mean all Temporary Works of every kind

required in or about execution, completion or maintenance of the work.

(n) “Approved” shall mean approved in writing including subsequent

confirmation of previous verbal approval and “approval” shall mean approval

in writing including as aforesaid.

(o)“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 superintendent of Gardens.

(p)“Tender” means the Contractor’s priced offer to the Employer for the

execution and completion of the Works and the remedying of any

defects therein in accordance with the provision of the Contract, as accepted

by the Letter of Acceptance.

(q)“Letter of Acceptance” means the formal acceptance by the Employer of the

tender.

(r)“Commencement Date” means the date upon which the Contract receives

the notice to commence issued by the Superintendent of Gardens pursuant to Clause 64.

(s)“Time for Completion” means the time for completing the execution of and

passing the Tests on Completion of the Works or any Section or part thereof as

stated in the Contract (or as extended under Clause 64 calculated from the

Commencement Date.

5. Duties and powers of

the superintendent of

Gardens’s representative

The duties of the representative of the Superintendent of Gardens are to

check, watch and supervise work and to test and examine any material to be

used or workmanship employed in connection with the works. He shall have no authority to relieve the Contractor of any of his duties or obligations under

the contract nor to except as expressly provided here under or elsewhere in the

contract to order any work involving delay or any extra payment by the Municipal Corporation nor to make any variation of or in the works.

The Superintendent of Gardens may from time to time in writing delegate

to the Superintendent of Gardens's representative any for the powers or

authorities vested in the Superintendent of Gardens 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 Superintendent of Gardens’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 Superintendent

of Gardens.

Failure of the representative of the Superintendent of Gardens to disapprove

any work or material shall not prejudice the power of the Superintendent of

Gardens thereafter to disapprove such work or material and to order thepulling down, removal or breaking up thereof.

If the contractor shall be dissatisfied with any decision of the

representative of the Superintendent of Gardens he shall be entitled to refer thematter to the Superintendent of Gardens who shall thereupon confirm, reverse

or very such decision. 6 Work to be in

accordance with

Contract.

Superintendent of

Gardens’s decision.

Unless it is legally or physically impossible, the Contractor shall execute

and complete the Works and remedy and defects therein in strict accordance

with the Contract to the satisfaction of the Superintendent of Gardens.

The whole of the work shall be under the direction of the Superintendent

of Gardens, whose decision shall be final, conclusive and binding on all parties

to the contract, on all questions relating to the construction and meaning of

plans, working drawings, sections and specifications connected with the work. 7 Assignment The Contractor shall not assign transfer or attempt to assign, transfer the

Contract or any part thereof, or any benefit or interest therein or there under

otherwise than by a charge in favour of the Contractor’s bankers of any Money

due or to become due under this contract, without the prior written approval of

the Commissioner. 8 Sub-letting The Contractor shall not sub-let or attempt to sub-let the whole of the works.

Except where otherwise provided by the Contract, the Contractor shall not

sub-let any part of the works without the prior written approval of the

Superintendent of Gardens, which shall not be unreasonably with-held, and

such approval, if given, shall not relieve the Contractor from any liability or

obligation under defaults and neglects of 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 shall not be deemed to be a sub-letting under this

Clause. 9 Deleted. 10 Contract documents. The Contractor shall be furnished, free of charge, two certified true copies of

the contract documents and all further drawings which may be issued during

the progress of the work. He shall keep one of these documents on site in

good order, and the same shall at all reasonable time be available for inspection and used by the Superintendent of Gardens , his representative, or

other inspecting officers.

None of these documents shall be used by the Contractor for any purpose other

than that of this contract. 11 Language/s The language of the Contract shall be English and all correspondence,

drawings, etc. shall conform to the English language.

12 Works to be carried

out The work to be carried out under the Contract shall, except as otherwise

provided in these conditions, include all labour, materials, tools, plant,

equipment and transport which may be required in preparation of and for and in the full and entire execution and completion of the works. The descriptions

given in the specification of maintenance wok of plot, unless otherwise stated,

be held to include waste on materials, carriage and cartage, carrying in, return

of empties, hoisting, setting, fitting and fixing in position and all other labour

necessary in and for the full and entire execution and completion as aforesaid

in accordance with good practice and recognized principles. 13 Security

Deposit (a) The Contractor shall pay a Security Deposit / Performance

Security equal to 03 (three) percent of the Contract sum for due

fulfillment of the Contract. In case the original Contract is varied and

Contract sum has increased, the Contractor will have to pay two percent

Security Deposit on revised Contract sum, within a period of one month

from the receipt of intimation in writing of acceptance of the varied

Contract.

The mode of making this Deposit is as under:

a) Initial or Contract deposit :

1) A sum, amounting to two percent of the contract sum shall be

paid within 15 days after receipt of intimation in writing of

acceptance of tender. It is optional to the Contractor to make the

Contract deposit in one or the other of the following ways :

(i) Wholly in case; or 17

(ii) Wholly in public securities; or

(iii) Partly in cash and partly in public securities; or

(iv) By way of General Undertaking and Guarantee issued on behalf of

the Contractors by the Bank on approved list of the Municipal

Corporation, provided the Bankers Guarantee is renewed as required

and / or directed from time to time so as to cover the entire period of

the contract including the extended period, till completion of

the defects liability period and thereafter the time required for prepara-

tion of the final bill by the Contractors after the accounts are finalized,

i.e. upto the period the final bill is admitted for payment, subject to the

provisions contained in condition no.20d hereafter.

2) If the security deposit / performance security is paid in the manner

as clause (ii) or (iii) of sub-para(1) above, the value of public

securities to be lodged as deposits shall be taken as ten

percent below the market value on the day of acceptance or at their face

value whichever is less.

In case the deposit is paid by the transfer of G.P. Notes, the

endorsement in favour of the Municipal Corporation should be “pay to

The Municipal Commissioner of Greater Mumbai or order” and should

bear the “EXAMINED” stamp of the Public Debt Office, Reserve Bank

of India.

In case of Mumbai Municipal debentures, the transfer endorsement

should bear the “EXAMINED” stamp of the State Bank of India.

All the charges for safe custody and withdrawal or collection of

interest etc. on the paper deposit shall be payable by the Contractor.

Securities en faced for payment of interest in Mumbai only shall be 13.b Retention money Deleted.

13.d Refund of Security

Deposit. (d) The Security Deposit will be refunded only after the finalization of

final bills, settlement of account of works in all respect and ensuring that the completion of development and maintenance work, on

certification by the Superintendent Of Gardens.

14.a 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 subsoil (so far as is practicable), the form and nature of the

site, the quantities and nature of the work and materials necessary for

the completion of the works and means of access to the site, the

accommodation he may require and in general shall himself obtain all

necessary information as to risk, contingencies and other circumstances

which may influence or affect his tender. (b)The Contract shall be deemed to have satisfied himself before

tendering as to the corrections and sufficiency of his tender for the

work and of the rates and prices quoted , 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. No extra charges consequent on any

14.c Not foreseeable

physical

obstructions or

conditions.

(c) If, however, during the execution of the Works the Contractor

(d) encounters physical obstruction or physical conditions, other than

climatic conditions on the Site, which obstructions or conditions were,

in his opinion, not foreseeable by an experienced contractor, the

Contractor shall forthwith give notice thereof to the superintendent of

Gardens. On receipt of such notice, the superintendent of Gardens shall, if in his opinion such obstructions or conditions could not have

been reasonably foreseen by an experienced contractor, after due

consultation with the Contractor, determine : i) the amount of any costs which may have been incurred by the

Contractor by reason of such obstructions or conditions having been

encountered, which shall be added to the Contract Price. And shall notify the Contractor accordingly. Such determination shall take

account of any instruction which the Superintendent of Gardens may

issue to the Contractor in connection therewith, and any proper and

reasonable measures acceptable to the superintendent of Gardens which the

Contractor may take in the absence of specific instructions from the

superintendent of Gardens. 15 Deleted 16 Contractor’s office

near works The Contractor shall have an office near the works at which notice from

the Commissioner or the superintendent of Gardens may be served and shall,

between the hours of sunrise and sunset on all working days, have a clerk or

some other authorized person always present at such office upon whom such

notices may be served and service of any notices left with such clerk or other

authorized person or at such office shall be deemed good service upon the

Contractor. 17.a. Use of Municipal

land. (a)The Contractor shall not be permitted to enter on other than for

inspection purposes) or take possession of site until instructed to do so by the superintendent of Gardens in writing. The portion of the site to

be occupied by the Contractor shall be defined and/or marked on the

site plan, failing which these shall be indicated by the

superintendent of Gardens and the Contractor shall on no account be

allowed to extend his operations beyond these areas. The Contractor

will be allowed to use such land, free of charge, for the purpose of

sheds, offices thereon for themselves and for the superintendent of

Gardens and his subordinates and shall remove the same from the

ground on the completion of the works, or when required to do so, by thesuperintendent of Gardens after receiving 7 days notice. He shall make

good any damage which may have been done and restore to good

condition any thing which may have been disturbed during the period ofhis occupation.

any portion of the site of the works, for any other purpose than the

carrying out of works under this Contract. In the event of there being on

plot or ground or insufficiency of ground belonging to the Corporation available for the above purpose, the Contractor shall provide other such

ground at this own cost. The Contractor shall in any case pay all taxes

which may have to be paid in respect of all ground, sheds or offices used

as above, and all the license fees, etc, that may be demanded for the

storage or otherwise of the various articles as per rules in force. The

Contractor shall provide, if necessary or if required on the site all

temporary accesses thereto and shall alter, adopt and maintain the same as

required from time to time and shall take up and clear them away as and

when no longer required and make good all damage done to the site. 18 Contractors’ staff The Contractor shall employ in only such persons which are skilled and are

experienced in their several trades and the superintendent of Gardens shall be

at liberty to object and direct the Contractor to remove from the works any

person, employed by the Contractor in or about the execution of the works,

who in the opinion of the superintendent of Gardens/ Hoticulture Asstt/ Jr.Tree 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 without permission of the superintendent of Gardens/HoticultureAsstt../ Jr.Tree officer.

19 Contractors’

supervision The Contractor shall himself supervise the execution of works or shall appoint

competent agent approved by the superintendent of Gardens/Hoticulture Asstt.

to act in his stead. If, in the opinion of the superintendent of Gardens /

Hoticulture Asstt. 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 superintendent of Gardens or a suitably qualified and experienced person approved by the superintendent of Gardens/Hoticulture

Asstt.. The name of the agent so appointed, along with the qualifications,

experience and address shall be communicated to the superintendent of

Gardens/Hoticulture Asstt.. 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

superintendent of Gardens/Hoticulture Asstt.. 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 superintendent of Gardens/Hoticulture Asstt.,/Jr.Tree officer.

the superintendent of Gardens/Hoticulture Asstt./Jr.Tree 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. 20 Precautions for works

in thoroughfares While the execution of any work is in progress in any street or thoroughfare

the Contractor at his own cost shall make adequate provision for the passage

of traffic, for securing safe access to all premises approached from such street or thoroughfare, and for any drainage, water supply or means of lighting or

any other utility service which may be interrupted by reason of execution of

the work. Whenever it may be necessary to stop the traffic in any street or thoroughfare permission must first be obtained from the superintendent of

Gardens/ Horticulture Asstt. and the Contractor shall then put up such

barriers and adopt such other measures or take precautions as may be

necessary or as the superintendent of Gardens may direct for regulation of

traffic. The work shall in such cases be executed night and day or for as long

a period as practicable if so ordered by the superintendent of Gardens, and

with such speed and vigor as he may require, so that the traffic may be

impeded for as short a time as possible. The Contractor shall remove the

the necessity for them has ceased. Care shall be taken by the Contractor to

cause the least possible obstruction to traffic during the progress of the work. 21 Maintenance of

underground utility

services.

All the underground utility services such as water pipes, gas pipes, drains,

sewers, cables, etc., which may be met up in or about any excavation, shall if

the superintendent of Gardens deem it practicable, be properly maintained and protected by the Contractor himself or through other agency by means of

shoring, strutting, planking over, padding or otherwise as directed by the

superintendent of Gardens during the progress of the work without claiming

any extra charges. Any damage to these underground utility services shall be

immediately remedied by the Contractor or by other agency at his own cost,

failing which the superintendent of Gardens may with or without notice adopt such measures as he may deem necessary at the risk and cost of the Contractor.

If on the other hand, the superintendent of Gardens considers it impracticable

for the Contractor to maintain any such underground utility services and that

the exigencies of the work necessitate, the breaking down, removal or

diversion of the said utility services, the cost of such breaking down, removal

or diversion including that of rebuilding, replacing, diverting and reinstating of

any such utility services shall be paid to the Contractor if done by him.

However, the cost of providing pumps, chutes or other appliances as the

superintendent of Gardens may direct for the raising or temporary passage

of the water or sewage and the cost of pumping out or removing as often as

the superintendent of Gardens may direct, any water or sewage which may

escape 22 Fencing, watching and

lighting The Contractor shall provide and maintain at his own expense all lights,

guards, fencing and watching, when and where necessary or as required by the

superintendent of Gardens for the protection of the safety and convenience of those employed on the works or the public. In the event of failure on the part

of the Contractor, the superintendent of Gardens may with or without notice to

the Contractor put up a fence or improve a fence already put up or provide and/or improve the lighting or adopt such other measures as he may deem

necessary, and all the cost of such procedures as may be adopted by the

superintendent of Gardens shall be borne by the Contractor. In addition the

superintendent of Gardens may impose such fines or penalty as the

superintendent of Gardens may deem reasonable, under condition No.100. 23 Materials 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

superintendent of Gardens may direct. 24 Treasure Trove Fossils

etc. All fossils, coins, articles of value or antiquity and structural and other remains

things of 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 of prevent his workmen or

any other person from removing or damaging any such articles or thing and

shall immediately upon discovery thereof and before removal acquaint the

superintendent of Gardens with such discovery and shall from time to time

deliver the same to such person or persons as the superintendent of Gardens

may from time to time appoint to receive the same at the expense of the

Corporation. 25 Protection of trees Trees designated by the Hoticulture Asstt. shall be protected from damage

during the course of the work and earth level within one meter of each such

tree shall not be changed. Where necessary, such trees shall be protected

temporary fencing. All such cost shall be borne by the Contractor. 26 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 superintendent of Gardens may

deem necessary. 27 Sanitation 28 Safety Provisions The Contractor shall at his own expense arrange for the safety provisions

indicated in Annexure ‘C’ or as required by the superintendent of Gardens, in respect of all labour directly or indirectly employed for performance of the

Works and shall provide all facilities in connection therewith. In case the

Contractor fails to make arrangements and provide necessary facilities as

aforesaid, the superintendent of Gardens shall be entitled to do so and recover

the costs thereof from the Contractor. 29 Provisions of first aid The Contractor shall at his own cost provide and maintain at the site of works

a standard first aid box as directed and approved by the superintendent of

Gardens for the use of his own as well as the Municipal staff on site. 30.a Employment of

Labour (a)The Contractor shall employ the labour in sufficient numbers to maintain

the required rate of progress and of quality to ensure workmanship, of the

degree specified in the contract and to the satisfaction of the

superintendent of Gardens. The Contractor shall not employ in

connection with the Work and child who has not completed his 15th year

of age. He shall also not employ an adolescent who has not completed his

18th year unless he is certified fit for work as an adult as prescribed under

clause (b) of sub-section (2) of section 69 of the Factories Act, 1948.

The Contractor shall also see that all the provision regarding employmentof young persons covered by the Employment of Children Act, 1933 and

the Factories Act, 1948 as amended from time to time shall be fully

complied with. The Contractor shall also see that the provisions set for

under the Minimum Wages Act and contract regulation and abolition Act

1970 with the Maharashtra Contract Labour (regulation and abolition)

Rules 1971 as amended from time to time are fully complied with by him

and shall maintain necessary registers and records for payment of wages,

overtime, etc. made to his workmen as required by the Conciliation

Officer (Central), Ministry of Labour, Government of India, or such other

authorized person appointed by the Central or State Government.

The Contractor shall make his own arrangement for the engagement of all

labour local or otherwise.

The Contractor shall indemnify the Municipal Corporation or any agent,

servant or employee of Municipal Corporation for any lapses on the part

of Contractor on account of non compliance of above referred acts. 30.b Supply of water (b) The Contractor shall having regard to local conditions, provide on the site

to the satisfaction of the superintendent of Gardens’s representative, an

adequate supply of drinking and other water for the use of Contractor’s

staff and work people. 30.c Alcoholic liquor or

drugs. (c)The Contractor shall not otherwise than in accordance with statutes,

ordinances and Government regulation or orders for the time being in

force, import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or suffer any such importations, sale, gift, barter

or disposal of his sub-contractor, agents or employees. 30.d Arms and

ammunitions (d)The Contractor shall not give barter or otherwise dispose off to any person

or persons, any arms or ammunitions of any kind or permit or suffer the

same as aforesaid. 30.e Festivals and

Religious custom (e)The Contractor shall in all dealings with labour in his employment have due

regard to all recognized festivals, days of rest and customs religious or other customs.

30.f Epidemics (f)In the event of any out-break of illness of an epidemic nature the contractor

shall comply with and carry out such regulations, orders and requirements

as may be made by the Government or the local medical or sanitary

authorities for the purpose of dealing with and over coming the same. 30.g Disorderly conducts

etc. (g)The Contractor shall at all times take all reasonable precautions to prevent

any unlawful, riotous or disorderly conduct by or amongst his employees

and for the preservation of peace and protection of persons and property

in the neighbourhood of the works against the same. 31 Compliance with

Labour Regulation. During compliance of the contract, the Contractor and his sub-contractors shall

abide at all times by all existing labour enactments and rules made there under,

regulations, notifications and bye laws of State or Central Government or local authority and any other labour law (including rules), regulations, bye laws that

may be passed or notification that may be issued under any labour law in

future either by the State or the Central Government or the local authority.

Salient features of some of the major labour laws that are applicable to

construction industry are given below. The provisions quoted are only

indicative. The Contractor should refer the latest labour regulations bye laws etc. The Contractor shall keep the Employer indemnified in case any action is

taken against the Employer by the Competent authority on account of

contravention of any of the provisions of any Act or rules made there under,

regulations or notifications including amendments. The Employer is caused to

pay or reimburse, such amounts as may be necessary to cause of observe, or

for non observance of the provisions stipulated in the notifications including

amendments if any, on the part of the contractor, the superintendent of

Gardens/Employer shall also have right to recover from the Contractor any

sum required or estimated to be required for making good the loss or damage

suffered by the Employer.

The employees of the contractor and the sub-contractor in no case shall be

treated as the employees of the Employer at any point of time.

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE

TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK.

(i) Workman Compensation Act 1923.

The Act provides for compensation in case of injury by accident arising out of

and during the course of employment.

(ii) Payment of Gratuity Act 1972.

Gratuity is payable to an employee under the Act on satisfaction of certain

conditions on separation if an employee has completed 5 years service or more

or on death at the rate of 15 days wages for every completed year of service.

The Act is applicable to all establishments employing 10 or more employees. (iii) Employees PF and Miscellaneous Provision Act, 1952.

The Act provides for monthly contributions by the employer plus workers @

10% or 8.33%. The benefits payable under the Act are

(a)Pension or family pension on retirement or death as the case may be.

(b)Deposit linked insurance on the death in harness of the worker.

(c)Payment of PF accumulation on retirement/death etc. (iv) Maternity Benefit Act 1951

Act provides for leave and some other benefits to women employees in case of

confinement or miscarriage etc. (v) Contract labour (Regulation and Abolition) Act 1970.

The Act provides for certain welfare measures to be provided by the

Contractor to contract labour and in case the contractor fails to provide, the same are required to be provided by the Principal Employer by law. The

principle employer is required to take Certificate of Registration and the

Contractor is required to take a Licence from the designated Officer. The Act is applicable to the establishments or contractor of principle employer if they

employ 20 or more contract labour.

(vi) Minimum Wages Act, 1948.

The Employer is supposed to pay not less than the Minimum Wages fixed by

appropriate Government as per provisions of the act if the employment is a

scheduled employment. Constructions of Buildings, roads, runways are

scheduled employments.

(vii) Payment of Wages Act 1936.

It lays down as to by what date the wages are to be paid, when it will be paid

and what deductions can be made from the wages of the workers.

(viii) Equal Remuneration Act 1979.

The Act provides for payment of equal wages for work of equal nature to Male

& Female workers and not for making discrimination against Female

employees in the matters of transfers, training and promotions, etc.

(ix) Payment of Bonus Act 1965

The Act is applicable to all establishments employing 20 or more workmen.

The Act provides for payments of annual bonus subject to a minimum of

8.33% of wages and maximum of 200% of wages to employees drawing Rs. 35,000/- P.M. or less. The bonus to be paid to or employees getting Rs. 2500/-

P.M. above upto 3500/- P.M. shall be worked out by taking wages as Rs.

2500/- P.M. only. The Act does not apply to certain establishments. The

newly set up establishments are exempted or five years in certain

circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of the Act.

(x) Industrial Disputes Act 1947.

The Act lays down the machinery and procedure for resolution of industrial

disputes, in what situations a strike or lock out becomes illegal and what are

the requirements for laying off or retrenching the employees or closing down

the establishment.

(xi) Industrial Employment (Standing Orders) Act 1946

It is applicable to all establishment employee 1000 or more workmen

(employment size reduced by some of the States and Central Government to

50). The Act provides for laying down rules governing the conditions of

employment by the employer or matters provided in the Act and get the same

certified by the designated Authority. (xii) Trade Unions Act 1926

The Act lays down the procedure for registration of trade unions of workmen

and employers. The trade unions registered under the Act have been given

certain immunities from civil and criminal liabilities.

(xiii) Child labour (prohibition and regulation) Act 1986.

The Act prohibits employment of children below 14 years of age in certain occupation and processes and provides for regulation of employment of

children in all other occupations and processes. Employment of child labour is

prohibited in Building and Construction Industry.

(xiv) Inter-State Migrant Workmen’s (Regulation of Employment and

Conditions of Service) Act 1979. The Act is applicable to an establishment which employees 5 or more inter-

state migrant workmen through an intermediary (who has recruited workmen

in one state for employment in the establishment situated in another state).

The inter-state migrant workmen, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as

housing, medical aid, travelling expenses from home upto the establishment

and back etc. (xv) The Building & other Construction Workers (Regulation of

Employment and Conditions of Service) Act 1996 and the Cess Act of

1996.

All the establishments who carry on any building or other construction work

and employ 10 or more workers are covered under this Act. All such

establishments are required to pay cess at rate not exceeding 2% of the cost of

construction as may be notified by the Government. The employer of the

establishment is required to provide safety measures at the Building or Construction work and other welfare measures, such as Canteens, First-Aid

facilities, Ambulance, Housing accommodation for workers near the

workplace etc. The employer to who the Act applies has to obtain a

registration certificate from the Registering Officer appointed by the

Government. (xvi) The Factories Act 1948

The Act lays down the procedure for approval of plans before setting up a

factory, health and safety provisions, welfare, working hours, annual earned

leave and rendering information regarding accidents or dangerous occurrences

to designated authorities. It is applicable to premises employing 10 persons or

more with aid of power or 20 or more persons without the aid of power engaged in manufacturing process.

32 Regulation Employment Welfare

The Contractor, which expression shall include sub-contractor or any such person or group of persons representing the contractor who are and, required

to handle iron and steel materials shall register themselves as employer with

the Mumbai Iron and Steel Labour Board and shall completely fulfil all the

obligatory provisions of the Maharashtra Mathadi, Hamal and other Manual

Workers (Regulation of Employment Welfare Act, 1969) and the Mumbai Iron

and Steel Unprotected Workers (Regulation of Employment and WelfareScheme, 1970). The consequences of failure of compliance of any of these

provisions will entirely be the liability and responsibility of the Contractor. 33 Use of Specifications

I.S.I. In case where no particular specification is given for any article to be usedunder the contract, the relevant specification, where one I.S.I. exists, of the

Indian Standards Institution shall apply. 34 Inspection & approval All works embracing more than one process shall be subject to examination

and approval at each stage thereof and the contractor shall give due notice to

the superintendent of Gardens or his authorized representative when each stage

is ready. In default of such notice, the superintendent of Gardens shall be

entitled to appraise the quality and extent thereof.

No work shall be covered up or put out of view without the approval of the superintendent of Gardens or his authorized representative and the Contractor

shall afford full opportunity for examination and measurement of any work

which is about to be covered up or out of view and for examination of

foundation before permanent work is placed thereon.

The Contractor shall give due notice to the superintendent of Gardens or his

authorized representative whenever any such work or foundation is ready for

examination and the superintendent of Gardens or his representative shall

without unreasonable delay, unless he considers it necessary and informs the

contractor, in writing accordingly, attend for the purpose of examining and

measuring such work or examining such foundation. In the event of the failure

of the contractor to give such notice he shall, if required by the superintendent of Gardens, uncover such work at the contractor’s expense.

Departmental officers concerned with the works shall have powers at any time

to inspect examine any part of the works and the contractor shall give suchfacilities as may be required for such inspection and examination.

35 Stock of materials

required. The Contractor shall at his own expense provide and furnish himself with

sheds and yards in such situations and in such numbers as, in the opinion of

the superintendent of Gardens/Hoticulture Asstt. are requisite for carrying out

the Works under this contract, and the Contractor shall keep at each of such

sheds and yards a sufficient quantity of materials in stock so as not to delay the

carrying out the works with due expedition and the superintendent of Gardens and his sub-ordinates shall have free access to the said sheds or yards at any

time for the purpose of inspecting the stock of materials so kept in hand any

material or article, which the superintendent of Gardens/Hoticulture Asstt. may object to, shall not be brought upon or used in the work but shall be forthwith

removed from the sheds or yards by the Contractor at his own cost. The

Contractor will however be allowed to use for the above purpose the completed portion of the buildings if available.

36 Suspension of work (a)The Contractor shall, on receipt of the order in writing of the

superintendent of Gardens,/Hoticulture Asstt. suspend the progress of the

Works or any part thereof for such time and in such manner as the

superintendent of Gardens may consider necessary for any of thefollowing reasons :-

(i)On account of continued non-compliance of the instructions of the

superintendent of Gardens or any other default on the part of the

contractor, or

(ii)for proper execution of the works or part thereof for reasons other than

the default of the Contractor, or

(iii)for safety of the works or part thereof.

The contractor shall, during such suspension, properly protect and secure

the works to the extent necessary and carry out the instructions given in that

behalf by the superintendent of Gardens.

(b) If the suspension is ordered for reasons (ii) and (iii) in sub-para (a) above, the contractor shall be entitled to an extension of time equal to the period

of every such suspension plus a reasonable time as decided by the

superintendent of Gardens.

(c)If the suspension is ordered for reasons of (i) in sub-para (a) above, the

superintendent of Gardens shall have powers to suspend the payment

under the contract. Such suspension of payment may be continued until default shall have been rectified.

37 deleted 38 Deleted

38.c Management meeting Either the superintendent of Gardens/Horticulture Asstt. or the contractors may require the other to attend Management meeting. The business of a

management meeting shall be to review the plans for remaining works.

superintendent of Gardenss/Hoticulture Asstt. shall record the business of

management meetings and is to provide copies of his record to those attending

the meetings. The responsibility of the parties for actions to be taken is to be

decided by the superintendent of Gardens either at the management meetings or after the management meetings and stated in writing to all who attend the

meetings. 39 Liability for defects or

imperfections and

rectification thereof

If it shall appear to the superintendent of Gardens or to his representative at any time during that any work has been executed with unsound, imperfect

or unskillful workmanship or that any material or article provided by the

Contractor for execution of thereof the work is unsound or of a quality inferior to that contracted for, or otherwise, not in accordance with the Contract, or that

any defect, shrinkage or other faults have appeared in the Work arising out of

defective or improper materials or workmanship, the Contractor shall, upon

receipt of notice in writing in that behalf from the horticulture assistant

forthwith rectify or remove or redevelop the Work so specified in whole or

part, as the case may require or, as the case may be, and/or remove the materials or articles so specified and provide other proper and suitable

materials or articles at his own expense notwithstanding that the same may

have been inadvertently passed, certified and paid for, and in the event of his failing to do so within the period to be specified by the H.A.in his notice

aforesaid the H.A. may rectify or remove and re-execute the Work and/or

remove and replace with others the materials or articles complained of, as the case may be, by other means at the risk and cost of the Contractor.

The superintendent of Gardens/Horticulture Asstt. reserves the right to decide

the rates and prices of the works as executed by other means at the risk and cost of the Contractor.

The cost and expenses thereby incurred including supervision charges

specified in the Annexure ‘A’ on the works and also such penalty as the

H.A.may impose for such wrongful conduct of the Contractor (which penalty,

the superintendent of Gardens shall be competent to impose and against the

imposition of which or the amount thereof by the superintendent of Gardens an

appeal shall lie only to the Commissioner within seven days of the order in

that behalf of the superintendent of Gardens and the decisions of the Commissioner shall be final and binding upon the Contractor) may be

deducted from any money due or to become due to the Contractor, under this

or any other contract between the Contractor and the Municipal Corporation. 40 Liability for damages

and risks The Contractor shall be responsible for all risks to the work and shall make

good at his own cost, all loss or damage, whether to the works themselves or

to any other Municipal property, or to the lives, persons, or property of others,

from whatsoever cause, arising out of, or in connection with the works, either

during their progress or during the defects liability period, after completion of work for a period of not exceeding 12 months as per directives of Director of

Insurance, Maharashtra State and this although all reasonable and proper

precautions may have been taken by the Contractor, and in case the

Commissioner or the Corporation shall be called upon to make good any such

costs loss or damages, or to pay compensation (including that payable under

the provisions of Workmen Compensation Act) to any person or persons sustaining damage as aforesaid by reason of any act or of any negligence or

omissions on the part of the contractor, the amount, which the Commissioner

may pay in respect thereof and the amount of any costs or charges (including

law costs and charges) in connection with legal proceedings which he may

incur in reference thereto, shall be charged to the Contractor. The

Commissioner shall have full power and right at his own discretion to pay or

to defend or compromise any claim which may be made against the

Corporation for damage or in case of threatened legal proceedings, or in anticipation of legal proceedings being instituted, consequent on the action or

default of the Contractor, to take such steps as he may consider necessary or

desirable to ward off or mitigate the effect of such proceedings charging to the

contractor, as aforesaid, any sum or sums of money which he may pay and any

expenses, whether for reinstatement or otherwise which he may incur and the

propriety of any payment, defense or compromise, or of the incurrence of any such expense shall not be called in question by the Contractor.

The Contractor shall beheld responsible for any obligations, damages and fines

etc. arising out of or in connection with the works either during their progress

or during the defects liability period after completion of work for a period of

not exceeding 12 months as per directives of Director of Insurance,

Maharashtra State and shall indemnify the Municipal Corporation or the Commissioner against them and make good any such damages, fines and dues

arising out of non-compliance of any regulation under the Minimum Wages

Act by the contractor which may devolve on the Corporation or the

Commissioner.

The Contractor shall take out a policy as per the provisions of the Workmen’s

Compensation Act for the purpose of insuring compensation to the workers

engaged by them. 41 Records and

Measurement The superintendent of Gardens/Hoticulture Asstt. shall except as otherwise stated

ascertain and determine by measurement the value in accordance with

the Contract of work done in accordance therewith.

All items having a financial value shall be entered in measurement Book, level

book etc. as prescribed by the Municipal Corporation so that a complete record

is obtained of all the Works performed under the Contract.

Measurements shall be taken jointly by the superintendent of Gardens/

Hoticulture Asstt. or his authorized representative and by the Contractor or his

authorized representative. Before taking measurements of any work the

superintendent of Gardens/Hoticulture Asstt. or the person deputed by him

for the purpose shall give a reasonable notice to the Contractor. If the

Contractor fails to attend or send an authorized representative for

measurement after such a notice or fails to countersign or

the objection within a week from the date of measurement, then in any such

event measurements taken by the superintendent of Gardens/Hoticulture

Asstt. or by the person deputed by him shall be taken to be correct measurements of the works and shall be binding on the Contractor.

The Contractor shall, without any extra charge, provide assistance with every

appliance and other things necessary for measurements.

Measurements shall be signed and dated by both parties each day (of taking

measurement) on the site on completion of measurement. 42 Method of

Measurement Except where any general or detailed description of the work in bills of

quantities or schedule of works/items/quantities expressly shown to the

contrary, bills of quantities shall be deemed to have been prepared and

measurements shall be taken in accordance with the procedure set forth in the

schedule of rates/ specifications notwithstanding any provision in the relevant

Standard Method of Measurement or any general or local custom. In the case

of items which are not covered by the schedule of rates/specifications,

measurement shall be taken in accordance with the relevant Standard Method

of Measurement issued by the Indian Standards Institution. 43 Interim Payment Interim bills shall be submitted by the Contractor from time to time (but at an

interval of not less than one month) for the works executed. The

superintendent of Gardens//Hoticulture Asstt. shall arrange to have the bills

verified by taking or causing to be taken, where necessary, the requisite

measurement of work.

Payment on account for amount admissible shall be made on the

superintendent of Gardens/Hoticulture Asstt. certifying the sum to which the

Contractor is considered entitled by way of interim payment for all the work

executed, after deducting there from the amount already paid, the security

deposit/ retention money and such other amounts as may be deductible or

recoverable in terms of the contract.

Contractor should execute work in Private Premises as per sanction rate of

tender. The guideline for execution of work should be given by Horticulture

Asst./Horticulture Superitenden.

44 No Interest for

delayed payments due

to disputes etc.

It is agreed that the Navi Mumbai Municipal corporation or its superintendent

of Gardens//Horticulture Asstt. or Officer shall not be liable to pay any

interest or damage with respect to any moneys or balance which may be in its

or its superintendent of Garden’s or officer’s hands owing to any dispute

or difference or claim or misunderstanding between the Municipal

Corporation of Greater Mumbai or its superintendent of Gardens/

Horticulture Asstt. or Officer on the one hand and the Contractor on the other,

or with respect to any delay on the part of the Municipal Corporation of Navi

Mumbai or its superintendent of Gardens//Horticulture Asstt. or Officers in

making periodical or final payments or in any other respect whatever.

It is distinctly understood and agreed between the parties hereto that payment

for work already executed by the Contractor is not a condition precedent under

this contract for the execution of the remaining work. 45.A Modification of

Interim Certificate

46 Receipts to be signed

in firm’s name by any

one of the partners.

Every receipt for money which may become payable or for any security which

may become transferable to the Contractor under these present shall, if signed

in the partnership name by any one of the partners, be a good and sufficient discharge to the Commissioner and Municipal Corporation in respect of the

money or security purporting to be acknowledged thereby, and in the event of

death of any of the partners during the tendency of this contract, it is hereby expressly agreed that every receipt by any one of the surviving partners shall,

if so signed as aforesaid, be good and sufficient discharge as aforesaid

provided that nothing in this clause contained shall be deemed to prejudice or

effect any claim which the Commissioner or the Corporation may hereafter

have against the legal representatives of any partners so dying or in respect of

any breach of any of the conditions thereof, provided also that nothing in this

clause contained shall be deemed prejudice or affect the respective rights or

obligations of the Contractor and of the legal representative of any deceased

Contractors interest. 47 Over payment and

underpayment Whenever any claim for the payment of a sum to the Municipal Corporation

rises out of or under this contract against the Contractor the same may be

deducted by the Municipal Corporation from any sum then due or which at

any time thereafter may become due to the Contractor under this contract and

failing that under any contract with the Municipal Corporation or from any other sum due to the Contractor from the Municipal Corporation (which may

be available with the Municipal Corporation) or form his security

deposit/retention money, or he shall pay the claim on demand.

The Municipal Corporation reserves the right to carry out post payment audit

and technical examination of the final bill including all supporting voucher,

abstracts etc. The Municipal Corporation further reserves the right to enforcerecovery of any over payment when detected.

If as a result of such audit and technical examination any overpayment is

discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract, it shall be recovered by the Municipal

Corporation from the Contractor by any or all of the methods prescribed above

or if under payment is discovered the amount shall be duly paid to the Contractor by the Municipal Corporation.

Provided that the aforesaid right of the Municipal Corporation to adjust over

payment against amount due to the Contractor under any other contract with

Municipal Corporation shall not extend beyond the period of two years from

the date of payment of the final bill or in case the final bill is a “Minus” bill,

from the date of the amount payable by the Contractor under the “Minus” bill is communicated to the Contractor.

Any amount due to the Contractor under this contract for underpayment may

be adjusted against amount then due or which may at any time thereafterbecome due before payment is to the Contractor, from his to Municipal

Corporation on any other contract or account whatsoever. 48 Payment of Final Bill Final joint measurement along with the representatives of the Contractor

should be taken, recorded and signed by the Contractors. Contractor should

submit the final bill within month of physical completion of the work.

If the Contractor fails to submit the final bill within 1 month, the NMMC staffwill prepare the final bill based on the joint measurement within next 3

months.

superintendent of Garden’s decision shall be final in respect of claims for

defect and pending claims against contractors.

No further claims should be made by the Contractor after submission of the

final bill and these shall be deemed to have been waived and extinguished.

Payment of those items of the bills in respect of which there is no dispute and

of items in dispute, for quantities and rates as approved by the Commissioner

shall be made within a reasonable period as may be necessary for the purpose

of verification etc.

After payment of the final bill as aforesaid has been made, the Contractor may,

if he so desires, reconsider his position in respect of a disputed portion of the

final bill and if he fails to do so within 84 days, his disputed claim shall be

dealt with as provided in the contract. 49 Cancellation of

contract in full or in

part.

If the Contractor : a) At any time makes default in proceeding with the work with due

negligence and continues to do so after notice in writing of fourteen days

from the superintendent of Gardens; or b) Commits default in complying with any of the terms and conditions

of contract and does not remedy it within fourteen days after a notice in

writing is given to him in that behalf by the superintendent of Gardens;

or

c) Fails to complete the Works or items with individual dates of completion,

on or before the date(s) of completion, and does not complete them

within the period specified in a notice given in writing in that behalf by the superintendent of Gardens; or

d) Shall offer or give or agree to give to any person in Municipal

Corporation’s service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing or

forbearing to do or for having done or forborne to do any act in relation to

the obtaining or execution of this or any other contract for the Municipal Corporation; or

e) Shall obtain a contract with the Municipal Corporation as a result of ring

tendering or other non-bona-fide methods of competitive tendering; or

f) Being an individual or a firm, any partner thereof, shall at any time

be adjudged insolvent or have a receiving order or order for administration

of his estate made against him or shall taken any proceedings for

liquidation or composition (other than voluntary liquidation for the purpose of amalgamation or reconstruction) under any insolvency act for

the time being in force or make any conveyance of assignment of his

effects or composition or arrangement for the benefit of his creditors or

purport so to do, or if any application be made under any Insolvency Act

for the time being in force for the sequestration of his estate or if a trust

deed be executed by him for his creditors, or

g) Being a company, shall pass a resolution or the court shall make an order

for the liquidation of his affairs, or a receiver or a manager on behalf of

the debenture holders shall be appointed or circumstances shall arise

which entitle the Court or debenture holders to appoint a receiver or a

manager, or

h) Shall suffer an execution being levied on his goods and allow it to

be continued for a period of 21 days, or

i) Assigns, transfers, sublets (engagement of labour on a piece work basis or

labour with materials not to be incorporated in the work, shall not be

deemed to be sub-letting) or attempts to assign, transfer or sub-let the

entire works or any portion thereof without the prior written approval of

the Commissioner; the Commissioner may, without prejudice to any other

right or remedy which shall have accrued or shall accrue thereafter to the

Municipal Corporation by written notice cancel the contract as a whole or

only such items of work in default from the contract.

The Commissioner shall on such cancellation have powers to :

a) take possession of site and any materials, implements stores, etc. thereon

and/or b) carry out the incomplete work by any means at the risk and cost of the

Contractor.

On cancellation of the contract in full or in part the superintendent of Gardens

shall determine what amount, if any, is recoverable from the Contractor for

completion of works or part of the works or in case the works or part of works

is completed, the loss or damage suffered by the Municipal Corporation, in determining the amount, credit shall be given to the Contractor for the value of

the work executed by him upto the time of cancellation, the value of the

Contractor’s material taken over and incorporated in the work, and use of construction equipment belonging to the Contractor.

Any excess expenditure incurred or to be incurred by the Municipal

Corporation in completing the works or part of the works or excess loss or

damages suffered or may be suffered by the Municipal Corporation as

aforesaid after allowing such credit shall be recovered from any money due to

the Contractor on any account and if such moneys are not sufficient the Contractor shall be called upon in wiring to pay the same within thirty days. If

the Contractor shall fail to pay required sum within the aforesaid period of 28

days, the superintendent of Gardens shall have right to sell any or all of the

Contractor’s unused materials, constructional plant, implements, temporary

buildings, etc. and apply the proceeds of sale thereof towards the satisfaction of any sums due from the Contractor under the contract, and if thereafter there

be any balance outstanding from the Contractor, it shall be recovered in

accordance with provision of the contract.

Any sums in excess of the amounts due to the Municipal Corporation and

unsold materials, constructional plant, etc. shall be returned to the Contractor, provided always that if cost or anticipated cost of completion by the Municipal

Corporation of the works or part of the works is less than the amount of which

the Contractor would have been paid had he completed the works or part of the

works, benefit shall not accrue to the Contractor.

Without prejudice to the generally of the foregoing, the amount deposited by

the Contractor as security deposit shall be absolutely forfeited to the

Corporation for such failure, or breach or determination of contract. 50 Termination of

contract for death If the Contractor is an individual or a proprietary concern and the individual or

the proprietor dies and if the Contractor is a partnership concern and one of the

partners dies then unless the Commissioner is satisfied that the legal

representative of the individual Contractor or the proprietor of the proprietary

concern and in case of partnership, the surviving partners, are capable of

carrying out and completing the contract, the Commissioner shall be entitled to

cancel the contract as to its uncompleted part without the Corporation being in

any way liable to payment of any compensation to the estate of the deceased

Contractor and or to the surviving partners of the Contractor’s firm on account of the cancellation of the contract. The decision of the Commissioner that the

legal representative of the deceased Contractor or surviving partners of the

Contractor’s firm cannot carry out and complete the contract shall be final and binding on the parties. In the event of such cancellation the Commissioner

shall not hold estate of the deceased Contractor and or surviving partners of

the Contractor’s firm liable in damages for not completing the contract. 51 Urgent works If any Urgent Work (in respect whereof the decision of the superintendent of

Gardens /Hoticulture Asstt.shall be final and binding) becomes necessary and

the Contractor is unable or unwilling at once to carry it out, the superintendent

of Gardens may by his own other work people, carry it out as he may consider

necessary. If the urgent work shall be such as the Contractor is liable under

the contract to carry out at his expense all expense incurred on it by the

Municipal Corporation shall be recoverable from the Contractor and be

adjusted or set off against any sum payable to him. 52 Foreclosure of

contract in full or in

part.

If at any time after acceptance of the tender the Commissioner shall decide to

abandon or reduce the scope of the works for any reasons whatsoever and

hence not require the whole or any part of the works to be carried out, he shall

inform the Contractor in writing to that effect and the Contractor shall have no

claim to any payment or compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the

works in full but which he did not derive in consequence of the foreclosure of

the whole or part of the works.

The Contractor shall be paid at the contract rates full amount of works

executed at site, and in addition reasonable amount as certified by the

superintendent of Gardens for the value of such Material (which material thereupon become the property of the Corporation) and also such further

allowances as the superintendent of Gardens/Hoticulture Asstt may

think reasonable and fair in respect of (a) any expenditure incurred by the Contractor

towards preliminary works etc. and (b) other reasonable and proper

engagement the contractor may have entered into for carrying out the work, (c)53 Finality of decision

and non-arbitrability. If any dispute, difference or claim is raised by the Contractor relating to any

matter arising under the contract. The contractor may refer such matter to the

superintendent of Gardens his superior other than Municipal Commissioner or

Additional Municipal Commissioner who on examining the dispute, difference

or claim, shall give decision in writing. Such decision will be final and binding upon all parties. This decision will not be arbitrable at all.

54.A Jurisdiction In case of any claim, dispute or difference arising in respect of a contract, the cause of action thereof shall be deemed to have arisen in Navi Mumbai and all

legal proceedings in respect of any such claim, dispute or difference

shall be instituted in a competent court in the City of Navi Mumbai only. 55 Income Tax The Contractor shall pay Indian Income Tax on all payments made to him

under the Contract, other than reimbursements made to him by the Corporation

to cover payment by Contractor of minor custom duties etc., or any other

payment which the contractor may make on the Corporation’s behalf. Under

the provisions of Section 194-C of the Indian Income Tax Act, the Corporation is required to deduct Tax with surcharge at source at prevailing rates from the

gross amount of each bill submitted. Any expatriate site staff or staff not

normally residents of India, employed by the Contractor shall pay personal

Income Tax on all money earned and paid in India. The Contractor shall

perform such duties in regard to such deductions thereof as may be imposed

on him by such laws and regulations. 56 Instructions and

notices Subject as otherwise provided in this contract all notice to be given on behalf

of the Municipal Corporation and all other actions to be taken on its behalf

may be given or taken by the superintendent of Gardens/Hoticulture Asstt.

or any officer for the time being entrusted with the functions, duties and

powers of the superintendent of Gardens.

All instructions, notices and communications, etc. under the contract shall be

given in writing and if sent by registered post to the last known place or abode

or business of the Contractor shall be deemed to have been served on the date

when in the ordinary course of post these would have been served on or

delivered to him.

The Contractor or his agent shall be in attendance at the site(s) during all

working hours and shall supervise the execution of the works with suchadditional assistance in each trade as the superintendent of

Gardens/Hoticulture Asstt. may consider necessary. Orders given to the

Contractor’s agent shall be considered to have the same force as if they had

been given to the Contractor himself.

The superintendent of Gardens/Hoticulture Asstt. shall communicate or

confirm his instruction to the Contractor in respect of the execution of work in a “Works site order Book” maintained in the office of the superintendent of

Gardens and the Contractor or his authorized representative shall confirm

receipt of such instructions by signing the relevant entries in this book. If required by the Contractor he shall be furnished a certified true copy of such

instruction(s).

If the Contractor fails to comply with the instruction(s) of the superintendent of Gardens, the superintendent of Gardens may impose the daily penalty of Rs.

500 (Rupees Five Hundred) for each of such defaults. This penalty will not

prejudice the right of the Municipal Commissioner or the superintendent of

Gardens to claim compensation. 57 Notices to Local

Bodies The Contractor shall comply with and give all notices required under any

Governmental authority, instrument, rule or order made under any Act of

Parliament, State Laws or any regulation or Bye-Laws of any local authority

or public utility concern relating to works. He shall before making any

variation from the contract drawings necessitated by such compliance give to the superintendent of Gardens/Hoticulture Asstt. a notice given reasons for

the proposed variations and obtain the superintendent of Gardens’s

instructions thereon.

The Contractor shall pay and indemnify the Municipal Corporation against any

liability in respect of any fees or charges payable under any Act of Parliament,

State Laws or any Governmental Instrument, Rule or Order and any

Regulations or Bye-laws of any local authority or public utility concern in

respect of the works. 58 Currency of payment The Tenderer shall indicate the tender prices in Indian Rupees. 59 Taxation Regarding taxation the prices quoted by the Contractor shall include all

customs duties, import duties, excise duties, business taxes, income and

other taxes that may be levied in accordance to the laws and regulation in

force as of the date 28 days prior to dead line for submission of

tenders on the Contractor’s Equipment materials and supplied (permanent,

temporary and consumables) to be used on or furnished under the contract

and on the services to be performed under the contract. Nothing in the contract

shall relieve the contractor from his responsibility to pay any tax that may

be levied in the Employer’s country on profits made by him in respect of the

contract. The Contractor shall perform such duties in regard to such

deductions thereof as may be imposed on him by such laws and regulations. All charges on account of Octroi, terminal or Sales Tax and other duties

On material obtained for the works from any source including the tax

applicable as per Maharashtra Sales Tax Act on the transfer of property in the goods involved in the execution of works contract (re-enacted) Act, 1991

etc. shall be borne by the Contractor.

Under the provisions of the Maharashtra Sales Tax Act, the Employer is

required to deduct Turnover Tax at source at the rates prevailing at the time of

payments. 60 Payments of Bills and

other claims. The payment of bills and other claims arising out of the contract will be made

through NEFT/ RTGS in the name of Contractors payable to the account and

name of Bank informed by the successful contractors. Successful Tenderers,

therefore, have to furnish the information as regards, the Name and complete

address of their Bank, its branch and their Bank Account No. etc. They will also have to submit fresh information when there is any change in this regard.

61 Employment of local

personnel. The contractor is encouraged to the extent practicable and reasonable to

employ staff and labour with appropriate qualifications from locally available

man power. 62 Details to be

confidential The Contractor shall treat the details of the Contract as private and

confidential, save in so far as may be necessary for the purposes thereof, and

shall not publish or disclose the same or any particulars thereof in any trade or

technical paper or elsewhere without the previous consent in writing of the

Employer or the superintendent of Gardens/Hoticulture Asstt.. If any dispute

arises as to the necessity of any publication or disclosure for the purpose of the

contract the same shall be referred to the Employer whose determination shall

be final. 63 Contractor to keep site

clear. During the execution of the works the Site reasonably free from all unnecessary obstruction and shall store or dispose of any contractor’s

equipment and surplus materials and clear away and remove from the Site any

wreckage rubbish or temporary works no longer required. 64 Clearance of site on

completion Upon the issue of any Taking-over certificate the Contractor shall clear away

and remove from that part of the site to which such Taking-over Certificate

relates all contractor’s equipment, surplus materials, rubbish and temporary

works of every kind, and leave such part of the site and works clean and in a

workman like condition to the satisfaction of the superintendent of

Gardens/Hoticulture Asstt.. If the contractor does not clear the site within 15

days all material will be confiscated and no compensation shall be paid and the

site will be cleared at risk and cost of the Contractor. 65.a Inspections The superintendent of Gardens and any person authorized by him shall at all

reasonable times have access to the site and to all workshops and places where

materials or Plant are being manufactured. Fabricated or prepared for the works and the contractor shall afford every facility for and every assistance in

obtaining the right to such access.

66.b Deleted 66.c Deleted 66.d Rejection Dy Municipal Commissioner,Gardens decision is final 66.e deleted 67.f deleted 67.g deleted 67.h Removal of improper

work. Materials or

plant

The superintendent of Gardens shall have authority to issue instructions from time to time for (a) the removal from the site within such time or times as may

be specified in the instruction of any materials or plant which is the opinion of

the superintendent of Gardens/Hoticulture Asstt., are not in accordance with the contract. (b) the substitution of proper and suitable materials or

plant and (c) the removal and proper re-execution notwithstanding any

previous test thereof or interim payment therefore of any work which in respect of (i)materials Plant or workmanship or (ii)design by the contractor

or for which he is responsible, is not, in the opinion of the superintendent

of Gardens, in accordance with the contract.

67.i Default of contractor

in compliance In case of default on the part of the contractor in carrying out such instruction

within the time specified therein or, if non, within a reasonable time, the

Employer shall be entitled to employer and a other persons to carry out the

same and all costs consequent thereon or incidental thereto shall, after due

consultation with the Employer and the contractor, be determined by the superintendent of Gardens/Hoticulture Asstt. and shall be recoverable from the

contractor by the Employer from any monies due to become due to the contractor and the superintendent of Gardens/Hoticulture Asstt. shall notify the

contractor accordingly. 68 Personnel The Contractor shall employ the key personnel named in the schedule of key

personnel (Annexure E) or other personnel approved by the superintendent of

Gardens/Hoticulture Asstt. to carry out the functions. The superintendent of

Gardens/Hoticulture Asstt. will approve any proposed replacement of key personnel only if their qualifications, abilities and relevant experience are

substantially equal to or better than those of the personnel listed in the

schedule.

69 Contract Period

69.a

The Operator shall commence Operations from the Commencement Date and

shall arrange for all mobilization Operations within fifteen (15) days of the

Commencement Date.

69.b

The Contract Period shall commence on the Commencement Date and extend for a period of Five years. The contract will be renewed each year. The

Corporation and the Operator shall review, at the end of each Operating Year,

the progress of the Contract and consider continuation through the subsequent Operating Year.

69.c

Contract Continuation: The Municipal Commissioner will review the

progress and status of the Contract, thirty (30) days prior to completion of an

Operating Year. In the event that a decision is taken to discontinue Operations

of the Operator under this Contract, the Corporation shall indicate the same to

the Operator, through a written communication, within fifteen (15) days of

such decisions having been made. Alternatively, if the Operator wishes to

discontinue its Operations, it shall provide a minimum of ninety (90) days notice requesting for such discontinuation.

69.d

Notwithstanding anything mentioned in CC Section 69.b or 69.c, the Operator

shall continue to provide Operations till the appointment of a Successor Operator.

69.e

In the event that the Parties agree to continue with the current Contract, all

Conditions of Contract shall be followed as laid out in this Contract Document; and adjustments to Contract Price and resetting penalties base,

benchmark and value shall be affected appropriately.

In case of lump sum contract, the cost of the work actually carried out as per break up and programme

of the work and the schedule of payment included in the contract including cost of any excess and/or extra items, of the work, .

Volume 1 : Section 4

Special Conditions of Contract

SPECIAL CONDITIONS OF CONTRACT

GCC clause No 4 (a)

Definitions The Employer is

Name : Superintendent of Gardens

Address 2nd floor,Garden dept. NMMC Head Qaurter,plot

no 1, Near killegaothan,Palm beach junction, sector 15A, CBD Belapur, Navi Mumbai 400614.

GCC Clause No. 4 (e)

Definitions The superintendent of Gardens is

Name Appointed by Superintendent of Gardens

Address 2nd floor,Garden dept. NMMC Head Qaurter,plot no 1,

Near killegaothan,Palm beach junction, sector 15A, CBD Belapur, Navi Mumbai 400614.

superintendent of Gardens’s Representative Appointed by Superintendent of Gardens GCC Clause No. 20

Security Deposit (Performance

Security)

(a) The Contractor shall provide security for his proper performance of the

contract to the employer immediately after the letter of acceptance. The

performance security shall be in the form of bank guarantee from as stipulated

by the employer in the appendix to the Tender. The contractor shall notify the

employer when providing the performance security to the employer. The performance security shall be issued either (a) by a bank located in India

or a foreign bank located in India as listed in the annexure. GCC Clause No. 20(b)

Retention Money Deleted

GCC Clause No. 20(d) Refund of Security

Deposit

Deleted

GCC Clause No. 23

Temporary Office for

the superintendent of

Gardens (Works

costing above Rs.50

Lakhs)

Deleted

GCC Clause No. 24

Contractors Office

near works

The Contractor shall have an office near the works at which notice from the

Employer or the superintendent of Gardens may be served and shall,

between the hours of sunrise and sunset on all working days, have a clerk or some other authorized person always present at such office upon whom such

notices may be served and service of any notices left with such clerk or

other authorized person or at such office shall be deemed good service upon GCC Clause No. 56

Use of specifications I.S.I

deleted

GCC Clause No. 65

Compensation for

delay

Not used

GCC Clause No. 67B

Network Schedule &

Monthly Progress

Reports

Not used

GCC Clause No. 68 e

Extention of Defect

Liability

Not used

GCC Clause No. 74(a) No price variation as admissible under clause 74(b) of General Conditions

Controlled Materials Contract will be paid to the successful Tenderer

GCC ClauseNo. 74(b)

Labour & other

materials GCC Clause No. 74(c)

Not used

Not used

GCC Clause No. 75

Subsequent legislation All or any type taxes, duties or cess levied or to be levied by the state or

central government shall be on account of the contractor and shall be deemed

to have been included in the consideration payable in the offer.

GCC Clause No. 76

Plant and Equipment deleted

GCC Clause No. 83

Interim Payment Add as follows,

The Interim Payment shall be prepared for a minimum period of one calendar

month. The payment shall be made within 30 days of receipt of bills

GCC Clause No. 84

Advances Not used

GCC Clause No. 96

Finality of Decision

and non arbitarability

– modified as below

If any dispute, difference of claim is raised by either party relating to any

matter arising out of the contract, the aggrieved party may refer such dispute within a period of 7 days to the concerned Addl. Municipal Commissioner who

shall constitute a Committee comprising of three Officers i.e.Jt.M.C.(Desaster

management), superintendent of garden, and officer sugested by Addl.

Municipal commissioner and concerned Chief Accountant. The Committee

shall give its decision in writing within 60 days.

Appeal from the Order of the Committee may be referred to Municipal

Commissioner within 7 days. Thereafter the Municipal Commissioner shall

constitute the Committee comprising of three Addl. Municipal Commissioners

including Addl. Municipal Commissioner in charge of Finance Department. The decision given by this Committee shall be final and binding upon the

parties.” GCC Clause No. 99

Income Tax Add as below :

The employer will perform such duties in regard to deduction of any such

taxes at source as per applicable law. GCC Clause No. 106

Submission of final

completion Drawing

Not used

GCC Clause No. 110 &

111 Clearance of site

and inspection on

completion

Add as follows : The provision of GCC Clause No. 100 shall be applicable in this case.

GCC Clause No. 112

Photographs Not withstanding the provision of this clause, whenever provided in the

contract, the progress photographs shall be taken for submission as records to

Corporation.

Volume 1 : Section 5

Forms of Tender,

Appendix to Tender,

Qualification Information

Qualification Information

INFORMATION FORM (1) PAGE OF PAGES

General Information

Any individual firm submitting the Tender is requested to complete the information in this form.

Nationality information should be provided by all applicants.

Where the Applicant proposed to use named sub-contractors for more than 20% of contract value

including for highly specialized components of the Works (reference ITT Clause No.4), the following

information should also be supplied for the subcontractor(s), together with the information in Forms 1A, 2, 3, 3A, 3B, 4 and 5.

1. Name of firm

2. Head office address

3. Telephone Contact

4. Fax Telex

5. Place of incorporation/registration Year of incorporation/registration

Nationality of owners 1

Name Nationality

1.

2.

3.

4.

5.

1. To be completed by all owners of partnerships or individually owned firms.

INFORMATION FORM (1A)

Structure and Organisation

1. The applicant is

a) an individual

b) a proprietary firm

c) a limited Company or Corporation

2. Attach the organization chart showing the structure of the organization, including the names of the

3.

directors and position of officers.

Number of years of experience:

a) as a Prime Contractor (Contractor shouldering major responsibility)

i) in own country

ii) in other countries (specify country)

4. Name and address of any associates the applicant

has in India (in case the applicant happens to be

from foreign country) who are knowledgeable in the procedures of customs, immigration, taxes and

other information necessary to do the work.

5.

6.

For how many years has your organization been in

business of Horticultural maintenance under its

present name?

Have you ever left the work awarded to you

incomplete? (If so, give name of project and

reasons for not completing work).

All individual firms are requested to complete the information in this form with regard to the

management of Works Contracts generally. The information supplied should be the annual turnover of the

Applicant in terms of the amounts billed to clients for each year for work in progress or completed. The

annual periods should be completed financial years.

A brief note on each contract should be appended, describing the nature of the work, duration and amount

of contract, managerial arrangements, Employer and other relevant details.

Applicants should not enclose testimonials, certificates and publicity material with their applications; they

will not be taken into account in the evaluation of qualifications.

Annual Turnover Data – Rs. Financial Year 1. 2014-2015

2. 2015-2016

3. 2016-2017

4. 2017-2018

5. 2018-2019

INFORMATION FORM (3) PAGE OF PAGES

Particular Work Experience Record

Name of Applicant

On separate pages, using the format of form (3A), the applicant is requested to list the works for which the

applicant wishes to qualify & which the Applicant has undertaken during the last three years period. The

contract value should be based on the payment of currency of contract converted into Rupees at the date of

substantial completion, or for on going contracts at the time of award. The information is to be summarized,

using form (3A) for each contract completed or under execution by the applicant. Detail information corresponding ITT Clause 4 shall be furnished using information form 3A.

INFORMATION FORM (3A) PAGE OF PAGES

Details of Contracts of Similar Nature and Complexity

Name of Applicant

Use a separate sheet for each contract

1. Number of contract

Name of contract

Country 2. Name of Employer 3. Employer address 4. Nature of works and special features relevant to the contract for which the Applicant wishes to pre

qualify 5. Not used 6. Contract role (check one)

Prime contractor Management contractor Subcontractor Partner in joint venture

7. Amount of the total contract/subcontract/partner share (in specified currencies at completion, or at

date of award for current contracts)

Currency Currency Currency 8. Equivalent amount Rs.

Total contract: Rs. Subcontract: Rs. Partner share :Rs 9. Date of award/completion 10. Contract was completed months ahead/behind original

Schedule (if behind, provide explanation). 11. Contract was completed Rs. equivalent under/over original

Contract amount (if over, provide explanation). 12. Special contractual/construction requirement, including monthly annual production rates of the key

construction activities. 13. Indicate the approximate percent of total contract value of work undertaken by sub-contract, if any

and the nature of such work. 14. Name and Qualification of applicant’s Project Manager/superintendent of Gardens-in-Charge of the

work.

INFORMATION FORM (4 )

PAGE OF PAGES

Summary Sheet: Current Contract Commitments/Works in Progress

Name of Applicant

Applicants should provide information on their current commitments on all contracts that have been

awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching

completion, but for which an unqualified, full completion certificate has yet to be issued.

Name of

contract Employer,

Contact

Address/tel/fax

Value of

Outstanding work

(current Rs.

equivalent)

Estimated

Completion Date

Average

Monthly Invoicing over

Last six months

(Rs./mon)

1.

2.

3.

4.

5.

Etc.

INFORMATION FORM (5 )

PAGE OF PAGES

Financial Capabilities

Name of Applicant

Applicants shall provide financial information to demonstrate that they meet the requirements as stated in the

ITT. Each applicant shall complete this form. If necessary, separate sheets shall be used to provide complete

banker information. A copy of the audited balance sheets shall be attached.

Autonomous construction subdivisions of parent conglomerate business shall submit financial information

related only to the particular activities of the subdivision.

Banker Name of banker

Address of banker

Telephone Contact name and title

Fax Telex

Summarize actual assets and liabilities in Rs. equivalent ( at the rates of exchange current at the end of each

year) for the previous three calendar years, or such period as stated in ITT. Based upon known

commitments, summarize projected and liabilities in Rupees equivalent for the next two calendar years,

unless the withholding of such information by stock market listed public companies can be substantiated by

the Applicant.

Financial

Information in Rs.

equivalent

Actual: Previous five years Projected: Next

two years 5. 4. 3. 2. 1. 1 2

1. Total Assets 2. Current Assets 3. Total liabilities 4. Current liabilities 5. Profits before taxes 6. Profits after taxes

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and

other financial means, net of current commitments, available to meet the total construction cash flow

demands of the subject contract or contracts as indicated in ITT.

Source of financing Amount (Rs. equivalent) 1. 2. 3. 4.

Attach audited financial statement-including , as a minimum , profit and loss account, balance sheet, and

explanatory notes – for the latest three years period (for the individual Applicant or each partner of a joint

venture).

If audits are not required by the laws of Applicants’ countries of origin, partnerships and firms owned by

individuals may submit their balance sheets certified by a registered accountant, and supported by copies of tax returns.

NFORMATION FORM (6) PAGE OF PAGES

Personnel Capabilities

Name of Applicant

For specific positions essential to contract management and implementation, Applicants should provide the

names of at least two candidates qualified to meet the specified requirements stated for each position. The

data on their experience should be supplied on separate sheets using one Form (6A) for each candidate.

Applicants may propose alternative management and implementation arrangements requiring different key

personnel, whose experience records should be provided.

1. Title of position Name of prime candidate Name of alternate candidate

2. Title of position Name of prime candidate Name of alternate candidate

3. Title of position Name of prime candidate Name of alternate candidate

4. Title of position Name of prime candidate Name of alternate candidate

JOB DESCRIPTION

Tenderer to specify the role and responsibility of Each of the key staff proposed

INFORMATION FORM (6A) PAGE OF PAGES

Candidate Summary

Name of Applicant

Position Candidate

Prime Alternate Candidate information Name of candidate Date of birth

Professional qualifications Present employment Name of employer

Address of employer Telephone Contact (manager/personnel officer)

Fax Telex

Job title of candidate Years with present employer

Summarize professional experience over the last ten years, in reverse chronological order. Indicate particular

technical and managerial experience relevant to the project.

From To Company/Project/Position/Relevant technical and management

experience

INFORMATION FORM (7) PAGE OF PAGES

Equipment Capabilities

Name of Applicant

The Applicant shall provide adequate information to demonstrate clearly that it has the capability to meet the

requirements for each and all items of equipment listed in the ITT . A separate Form (7) shall be prepared for

each item of equipment listed in the ITT Clause 4 or for alternative equipment proposed by the Applicant.

Item of equipment Equipment information Name of manufacture Model and power rating

Capacity Year of manufacture Current status Current location

Details of current commitments Source Indicate source of the equipment

Owned / Rented / Leased / Specially manufactured

Omit the following information for equipment owned by the Applicant or partner.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex Agreements Details of rental/lease/manufacture agreements specific to the project

INFORMATION FORM (8) PAGE OF PAGES

Litigation History

Name of Applicant or partner of a joint venture/ consortium

Applicants,shall provide information on any history of litigation or arbitration resulting from contracts

executed in the last seven years or currently under execution. A separate sheet should be used for each

partner of a joint venture.

Year Award FOR or

AGAINST

Applicant

Name of client,cause of litigation, and

matter in dispute Disputed amount (current

value, Rs. equivalent)

Volume 1 : Section 6

Form of Securities & Agreement

FORM FOR -

Performance Bank Guarantee (Banker's Guarantee in lieu of Contract Deposit for work)

Performance Bank Guarantee for Unbalanced Items

THIS INDENTURE MADE THIS DAY OF 200 BETWEEN THE

BANK incorporated under the English / Indian Companies Acts and carrying on

business in Mumbai (hereinafter referred to as The Banks which expression shall be deemed to include

its successors and assigns) of the first part,

inhabitants carrying on business at

in Mumbai under the style and name of M/S.

(hereinafter referred to as "the contractors") of the second part Shri.

the MUNICIPAL COMMISSIONER OF NAVI

MUMBAI (hereinafter referred to as" The Commissioner " which expression shall be deemed, also to

include his successor or successors for the time being in the said office of Municipal Commissioner) of the

third part and the MUNICIPAL CORPORATION OF NAVI MUMBAI (hereinafter referred to as "The

Corporation" ) of the forth part whereas the contractors have submitted to the Commissioner tender for

the execution work of and the terms of such tender/contract required that the

contractor shall deposit with the Commissioner as earnest money and/or the security, a sum of

Rs. ( Rupees

) AND WHEREAS if

and when any such tender is accepted by the Commissioner, the contract to be entered into in

furtherance thereof by the contractors will provide that such deposit shall remain with and be appropriated by Commissioner towards the security deposit to be taken under the contract and be redeemable by the

contractors, if they shall duly and faithfully carry out the terms and provisions of such contract and shall

duly satisfy all claims properly chargeable against them there under and whereas the contractors are constituents of the bank and in order to facilitate the keeping of the accounts of the contractors, the bank

with the consent and concurrence of the contractor has requested the Commissioner to accept the

undertaking of the bank hereinafter contained in place of the contractors depositing with the commissioner

the said sum as earnest money and/or the security as aforesaid AND WHEREAS accordingly the

Commissioner has agreed to accept such undertaking NOW THIS AGREEMENT WITNESSES that in

consideration of the premises, the bank as the request of the contractors ( hereby testified )

UNDERTAKES WITH the Commissioner to pay to the Commissioner upon demand in writing, whenever

required by him, from time to time, so to do, a sum not exceeding in the whole Rs.

(Rupees ) under the terms of the said tender and/or the contract the B.G. is valid upto

.

"Not withstanding anything what has been stated above, our liability under the above guarantee is restricted

to Rs. only and guarantee shall remain in force upto unless the

demand or claim under this guarantee is made on us in writing on or before all your right

under the above guarantee shall be forfeited and we shall be released from all liabilities under the guarantee thereafter".

IN WITNESS WHEREOF

Witness(1)

Name

Address The duly constituted Attorney

Manager For

Witness(2)

Name

Address

the Bank & the said Messers (Name of the bank)

Witness

(1)

Name For M/s.

Address Contractors)

(Name of the

Witness(2)

Name

Address

Have hereunto set their respective hands the day and year first above written.

The prospective bidder have to submit the undertaking as follows

The undertaking to be obtained from the prospective bidders on Rs. 500/- stamp paper along with

the tender should be as under:-

Bid No.------------------------------------------------------------------------

“ I/We --------------------------------------------------------------------------------------------------------(full

name in capital letters, starting with surname), the Proprietor/Managing Partner/Managing

director/Holder of the Business/Manufacturer/Authorized Dealer,for the

establishment/firm/registered company,named herein below,do hereby,state and declare that

I/We--------------------------------Whose names are given herein below in details with the addresses

have not filled in this tender under any other name or under the name of any other

establishment/firm or otherwise,nor are we in any way related or concerned with any

establishment/firm or any other person,who have filled in the tender for the aforesaid work”.

“ I/We------------------------------------------------------------------------------------------------full name

in capital letters, starting with surname), the Proprietor/Managing Partner/Managing

director/Holder of the Business/Manufacturer/Authorized Dealer,for the

establishment/firm/registered company,named herein below,do hereby,undertake that we have

offered the best prices for the subject supply/work to any other outside agencies including

Govt./Semi Gov. agencies and within the NMMC also. Further,we have filled in the accompanying

tender with full knowledge of the above liabilities and therefore we will not raise any objection or

dispute in any manner relating to any action including forfeiture of deposit and blacklisting,for

giving any information which is found to be incorrect and against the instruction and direction

given in this behalf in this tender

I/we further agree and undertake that in the event it is revealed subsequently after the

allotment of work/contract to me /us that any information given by me/us in this tender is false or

incorrect, I/We shall compensate theNAVI MUMBAI MUNICIPAL CORPORATION for any

such losses or inconveniences caused to the Corporation in any manner and will not resist any claim

for such compensation on any ground whatsoever. I/we agree and undertake that I/we shall not

claim in such case any amount,by way of damages or compensation for cancellation of the

contract given to me/us or any work assigned to me/us or is withdrawn by the Corporation”.

However,in case of price difference,if it is a result of differential tax structures, different

Dollar value of Rupee,differential logistic of transport etc. Considering this aspect,before invoking

the penalty,blacklisting,I/we will be given a reasonable opportunity of being heard by representing

our,case as to why such price variation/differential has been arisen.

In case if the explanation submitted by me/us is unsatisfactory then action including

forfeiture of deposit & blacklisting may be taken against me/us.

Tenderers Full name,Signature

and address with rubber stamp

(Note: This affidavit should be given on Rs. 500/- Stamp paper duly notarized by notary with

red seal and registration number.)

NAVI MUMBAI MUNICIPAL CORPORATION

(7) AGREEMENT FORM Tender, dated the .

Standing Committee Resolution No. dated .

Municipal Corporation Administrative Resolution No.---------------- dated------------------

Improvement Committee Resolution No. dated .

CONTRACT FOR THE WORK Removal of Dead and dangerous trees / branches from public as

well as private premises in “F” Ward GHANSOLI for the period of 5 years

This agreement made this day of ------------------------------------------------------------------------------------------

Thousand ---------------------------------------------------------------------------------------------------------------------

Between -----------------------------------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------------------------------------------

in habitants of Navi Mumbai, carrying on business at --------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------------------------------

in Navi Mumbai under the style and name of Messers ------------------------------------------------------------------------------------------------------------------------------------ (Hereafter called the Contractor of the first part and

shri ----------------------------------------------------------------- the Dy. Municipal Commissioner (Garden)

(hereinafter called “the commissioner” in which expression are included unless the inclusion is

inconsistent with the context, or meaning thereof, his successor or successors for the time being holding

the after called “the corporation”) of the second part and the MUNICIPAL COMMISSIONER OF NAVI

MUMBAI MUNICIPAL CORPORATION (hereafter called “the Corporation”) of the third part

WHEREAS the c o n t r a c t o r s h a s t e n d e r e d f o r t h e c o n s t r u c t i o n , c o m p l e t i o n a n d

m a i n t e n a n c e o f t h e w o r k s d e s c r i b e d a b o v e a n d h i s t e n d e r h a s b e e n a c c e p t e d b y t h e C o m m i s s i o n e r ( W i t h t h e a p p r o v a l o f t h e S t a n d i n g C o m m i t t e e o f t h e

C o r p o r a t i o n N o w t h i s

THIS AGREEMENT WITNESSETH as flolws

1) In this agreement words and expression shall have the same meaning as are

respectively assigned to them in the General Condition of Contract for works

hereinafter referred to :-

2) The following documents shall be deemed to form and be read and constructed as

a part of this agreement viz.

a) The letter of Acceptance

b) The Bid:

c) Addendum to Bid; if any d) Tender Documents

d) The Bill of Quantities:

e) The Specification;

f) Detailed Engineering Drawing

g) Standard General Conditions of Contracts (GCC)

i) All Correspondence documents between bidder and NMMC

3) In consideration of the payments to be made by the Commissioner to the contractor as hereinafter mentioned the

contractor hereby covenants with the Commissioner to construct, complete and maintain the works in conformity

in all respects with the provision of the contract.

4) The Commissioner hereby covenants to pay to the Contractor in consideration of the construction, completion

and maintenance of the work the contract sum, at times and in the manner prescribed by the contract.

Works, On approval of the said policy and prior to its implementation, M.C. reserves the right to foreclose

the contract by issuing 30 days' notice.

IN WITNESS WHEREOF the parties hereto have caused their respective common seals to be herein to affixed (or have hereunto set their respective hands and seals) the day and year above written.

Signed, sealed and delivered by the Contractors

In the presence of Trading under the name and style of

Full Name

Address Contractors

Signed by superintendent.of Gardens Dy. Municipal Commissioner(garden)

For NAVI MUMBAI MUNICIPAL CORPORATION

The Common Seal of the Navi Mumbai Municipal Corporation

was affixed on the - day of

in the presence of -

1)

2)

Two members of the Standing Committee of

TheNAVI MUMBAI MUNICIPAL CORPORATION

Witness

--------------------------

Municipal Secretary

(8) SPECIAL INSTRUCTIONS TO TENDERERS

1.1Quantities of all items provided . may not be required to be executed depending upon the site conditions.

The Tenderer shall not be entitled for any compensation on this account. Before starting the work, Tenderer shall consult with the H.A. and shall take actual measurements on the site for procurement of material.

1.2 i) The Tenderer shall procure all material required for the work .

1.3 The tenderer shall obtain permission for erection of site office, store Nursery to be used only for

assigned work etc. on payment of necessary charges as demanded by the concerned authorities as

per prevailing rules. The watchman's cabin etc. shall be provided as directed and shall be removed by

the Tenderer on completion of the work at their cost. It is also binding on tenderer to fulfil requirements of environmental authorities. The work shall be started only after construction of site

office, cement go down, store, Nursery etc. (after completing all formalities) and after getting necessary

traffic permission, road opening permission wherever applicable. 1.4 Tenderer is requested to refer to specification of work volume II for full description of the items.

1.5 deleted

1.6 No extra payment for carrying the material by head load to work site, shall be considered under any

circumstances.

1.7 Not used Name and bio-data of the Technically qualified persons employed to supervise the work

should be intimated to office before starting of he work.

1.8 The whole work shall be finished in a workman like manner and to the entire satisfaction of the

Municipal Commissioner.

1.9 The work will be treated as completed only after cleaning the site satisfactory completion of work.

1.10 Time is the essence of the contract.

1.11 Action as per clause 90 of G.C.C will be taken if the work is not attended to within the stipulated

time.

I/We read all the special instructions to the Tenderer and I/We abide for the same.

Signature of the Tenderer

Rubber Stamp of the Firms

Witness Trading under the style and

Name of Contractors

Address

Witness NAVI MUMBAI MUNICIPAL CORPORATION

Volume 1 : Section 7

Important Instructions to Tenderers

IMPORTANT INSTRUCTIONS TO TENDERER

Name of the work: "Removal of Dead and Dangerous trees/branches from public as well as private

premises In Ward.

1. MANDATORY CONDITIONS

The tender shall be rejected if the tenderer :

A) Stipulates the validity period less than 120 days.

B) Stipulates own condition / conditions.

C) Does not fill and sign undertaking forms, which are incorporated, in the tender document.

D) Does not disclose the full name/ names address/ addresses of proprietor / partners / Directors in case

of proprietorship / partnership/ Pvt. Ltd./ Public Limited concern firm and the superintendent of Gardens

qualifications if any.

E) Does not submit documents listed in packet ‘A’ and packet ‘B’.

F) Does not have experience of executing similar type of work during last three years.

G) Does not submit PAN documents in Packet “A”

1. Tenderer should scan and upload his own “PAN Card /GST Registration Certificate” in case of

Retailer/ dealer/ Supplier / Distributor,etc.

2. in case of company or firm the tenderer should scan and upload

(a) “PAN Card /GST Registration Certificate” of proprietor in case of proprietary/ownership firm. (b) (i) “PAN Card” /GST Registration Certificate ” of company in case of Private limited Co.

(ii) “PAN Card /GST Registration Certificate” of a firm in case of

partnership firm.

(c) The Sansthas/societies/Tust which are registered under Public Trust Act 1950 / Registration Act

1860/Maharashtra Co-op. Societies registration Act 1960(whichever is applicable) has to scan and upload the

Pan card of Sanstha/Society or Trust only.

3. However,in case of public limited companies, semi-govt. Undertakings,Govt. Undertakings, no “PAN” document will be insisted.

The documents can be certified by the Gazetted Officer or officers not below rank of Assistant

superintendent of Gardens / Dy. superintendent. of gardens/ Administrative Officers of NMMC or

practicing Notary approved by the Govt. of Maharashtra or Govt. of India with his stamp with or without a

red seal clearly stating his name and registration number.

H. Non submission of undertaking for as per EPF & MP act-1952and ESIC Act 1945 in packet 'B'

NOTES :

(1) If any discrepancy observed in the amount in words and amount in figure filled by the tenderer,

the amount mentioned in words will be considered for determining the responsiveness of the tender.

(2) The tenderer will confirm valid registration from the office of superintendent. of Gardens

before executing the captioned works. Sample of Red Hill Earth, Cow Dung Manure, Sea-sand,

planting material and other relevant material.

(3) All insurances to be effected on behalf of NMMC by the contractor’s, shall be taken out from the

Director of Insurance, Maharashtra State, Griha Nirman Bhavan, 1st floor, Room No. 264, Opp.

Kalanagar, Bandra, Mumbai–400 051. If any case, the insurance cover is not offered by Maharashtra State Insurance Fund then that cover shall be taken out from the Insurance Company / Companies

approved by the Maharashtra State Insurance Fund.

(4) Tenderer shall arrange to bring readymade different ornamental plants, shrubs, trees, etc. as per

schedule rate of NMMC Tenderer should confirm the valid registration from the office of superintendent. of Gardens before executing captioned work.

(5) Deleted .

(6) The successful Tenderers shall have to submit Security Deposit (Contract Deposit) in the form of Bank

guarantee @ 5% (Five percent) of contract cost.

(7) superintendent of Gardens means superintendent of Gardens and or as defined in clause No. 4 of the

general conditions of the contract. Site in charge for relaevant works on site means officer appointed by superintendent. of Gardens.

(8) The Tenderer should note that the Estimated Cost mentioned in the Tender Document is

pertaining to ONE UNIT only.

(2) RANKING SYSTEM

1.Tenderers may quote for individual form ward even for all ward. However each tenderer will be allotted

only one ward considering lump sum amount quoted whichever is beneficial to the NMMC on basis of least cost combination. In case, if the lowest responsive contractor backs out for some reasons after accepting the

ward, his EMD will be forfeited and said firm will be de registered / black listed.

2.After opening the tenders, system generated list of the tenderer will be displayed on the basis of rate

quoted by the tenderer from the lowest to the highest and the same will be displayed within three days time

from the date of opening of the tender on NMMC e - tendercel website.

3.In case of tenders having equal rate from more than one unit, then the selection will be done as given below :

i)The Contractors who has carried out maximum tree triming work & of cost valued more will be given first

preference.(clause. 3Aii or 3Bii)

1.The Tenderer shall specifically note that his / their registration class as on the date of submission of the

tender will be considered for allotment of the unit.

VOLUME 8

1.Specifications

2. Penalty

Terminology and item description :

1) Removal of Dead trees – The tree which is completely dried without foliage and shall be

certified by officer garden department.

2) Dangerous trees – The tree which is uprooted, partially dead, leaning dangerously

over the premises/road or any structure and may cause damage to life and

property and obstruct the vehicular traffic etc.

3) Removal of branches for balancing – Any branch of any size or length which

causes imbalance of the tree which may result in to collapse of the tree causing

damage to life and property. After cutting of desired branches the bidder must

apply any reliable insecticide/pesticide/fungicide to the cut portion of the

branch as directed by department..The bidder will be responsible for proper

balancing of the tree so that same tree will not be attended at least in six month

for same purpose. If at all the same tree is to be attended the bidder has to

carry out the work with no extra cost.

4) Removal of dangerous branches - Any branch of any size or length which causes of

the tree which may result in to collapse of the tree causing damage to life and

property and obstruct the vehicular traffic. After cutting of desired

branches the bidder must apply Bordeaux Mixture or any other reliable

insecticide/pesticide to the cut portion of the plant and cover it properly as

directed by horticulturist.

5) Removal of palm trees such as Coconut/Tadgola/Bottle palm/Date palm etc.-

Any height and at any place.

6) Removal of fallen tree – Any fallen/Uprooted tree of any size or height at any place.

7) Transplantation of tree – Transplantation of any kind of tree of any kind of height or

girth from any place to designated place. While transplantation of any tree the

bidder must take utmost care of the tree in the scientific manner and transplant

the tree under guidance of designated Tree Officer and Horticulturist appointed

by the bidder. The bidder will be totally responsible for life of the tree and pre

and post operational period of the transplantation process. Under no

circumstances the transplanted tree will die in due course. Transplanting

operation shall be carried out by following due process.

a) Reducing weight of tree – To reduce the weight of tree wherever required

by removing side branches/canopy of the tree.

b) Uprooting of tree–Taking pit around the tree without damaging the root

zone.

c) Digging of pit for trasplantation -To dig up the pit as per directions of

department.

d) Creating same environment as original - To fill up the pit with red soil

and mannure as per requirment and also to check the PH value of the site.

e) Trasportation - To lift the tree by required machineries/vehicle (Crane /

JCB / Pocklain / Trailer etc.) without damaging the root zone transporting at

the desiganeted site. Transportation is to be carried out with coordination of

traffic police.

f) Subsequent care - To provide required support and watering to the tree.

8) Removal of fruits/fronds – The bidder has to remove fruits/dried leaves etc. of any

fruit bearing tree including coconuts etc.

9) The tenderer shall have to attend the complaints from the following places:

a) NMMC property

b) Government property

c) Private property

d)Slum area

10) The tenderer shall have at least following tools and implements with them

(i) Bill hook :10

(ii) Axe : 10

(iii) Electric Chain saw machines : 10

(iv) Petrol/diesel operated chain saw : 10

(v) Manually operated saw : 10

vi) Ropes : 200 mtr.

(v) Pick axe : 10

(vi) Ghamela : 25

(vii) Spade : 25

(viii) Crow bar : 5

11) Tenderer shall have to made safety arrangement for all labors deployed for the said

work.

12) The tenderer shall have to remove stump along with the roots without damaging

utility services and after removal of roots shall have to reinstate the place.

13) The tenderer shall have to remove dead and dangerous tree within 24 hours,

whereas collapsed tree attended within 2 hours from receipt of complaint.

14) The tenderer shall have to deploy at least one supervisor with mobile phone/ vehicle

& he shall be available.

15) The tenderer shall have to arrange light facilities at his own risk & cost wherever

required.

16) The tenderer shall arrange the required machineries such as JCB, Crane, forklift etc

where ever required.

17) The tenderer & his staff shall behave politely with the public while carrying out the

work.

19)The tenderer shall submit the photographs before & after carrying out each work &

daily report about the work carried out shall be submitted to the ward Jr. Tree Officer/

Hort. Assistant.

20) During monsoon the bidder shall deploy one supervisor to receive the call of

complaint at ward disaster control room for all 24 hours with mobile phone. As soon

as any complaint are received he shall mobilize all required resources to take

necessary action on complaint.

21)The bidder shall have to take utmost care to prevent the damages to the surrounding

trees/shrubs etc. while execution of work.

22) In case of imbalance or likely to dangerous tree. In such cases of trees wherever

possible shall take all such measures as per site condition to provide support so that

such tree becomes balance and safe. This work includes removal of branches,

reduction of weight etc. By this, it shall be ensured by the bidder at least for next 6

month same tree do not become imbalance or dangerous.

23) Spraying of insecticides/pesticides to the infected trees-Spraying of insecticides /

pesticides to the infected trees of any height. Insecticides / Pesticides / Fungicides

etc. shall be provided by the bidder at no extra cost and proper

precautionary measures should be taken.

24) Filling of cavities of hollow trees (Healing Treatment) – Cavities of hollow tree

shall be filled up with concreat and urethane/polyurethane foam as directed by

department.

25) Quantity mentioned in B.O.Q.may likely to vary (+ / - ) 20 % .

26) Suptd. Of garden means the any subordinate officer appointed by suptd. Of garden &

Tree officer in charge.

27) Deconcretization of tree basin- Providing and fixing of precast Tree Guard KERB

of M-20 C.C. Of hight 230mm. ,Width 100 mm length 400 mm. Finished neatly.

Compacting , curring formwork etc. Including bedding of M-10 C.C. Procured from NMMC approved R.M.C. Plant , 10 cm thick filling of jointing in C.M. 1:2 and

painting the exposed surface with three coats of road marking paint, grade 1 of

approved colors and quality including single coat of approved brand primer

including excavation in C.C. , asphalt etc. As specified as directed. Successful bidder

shall remove immediately and fill the tree basin with red hill earth .

28) Lifting & disposal of tree cutting material contractors own Responsibility.

29) The tender shall have to remove Nails, Banner, Poster, Wire, Tree guard, which

harmful to life of Tree.

ANNEXURE ‘ ’

I N D E M N I T Y B O N D

ON STAMP PAPER OF VALUE OF RS. 500/-

In consideration of Navi Mumbai Muncipal Corporation incorporated under BPMC act 1949 and having its office at

Blapur Bhavan, 1st Floor, C.B.D. Belapur, Navi Mumbai-400614. (hereinafter referred to as the Corporation, which

expression, shall unless it be repugnant to the context or meaning thereof includes its successors or assigns) having awarded

to M/s. ______________________________________________________________________________ a

Partnership/Proprietorship/Pvt. Ltd./Ltd. firm carrying in such name and style the business of construction (hereinafter

referred to as the Contractor which expression shall, unless it be repugnant to the context or meaning thereof, includes its

partners or Partner/Proprietor for the time being or its surviving Partner or his heirs and executors) for the work of

___________________________________________________________________________________________________

____________________________________________________________________at an ______ percent above / below

estimated cost of Rs. ___________________ and in compliance with one of the terms and conditions of the said Contract.

We, M/s. _________________________________________________________________ being the Contractor do hereby

agree and undertake and indemnify and save harmless the Corporation in consequence of the manufacturing defect, patent

manufacturing defect and construction defect found in the constructed work at any time in a defect liability period of

_______ years with the grant of completion certificate by the Corporation to the Contractor in accordance with and subject

to the provision of the said contract.

It is hereby agreed and declared that the Dy. Municipal Commissioner of the Corporation or any officer acting as such Dy.

Municipal Commissioner of the Corporation shall be the Competent Authority to decide upon the question as to the defects

in the construction of works and the remedy to be applied by the Contractor for their rectification at his cost and his

decision shall be final, conclusive and binding upon both the Corporation and the Contractor, provided that the Dy.

Municipal Commissioner shall so decide after giving an opportunity to the Contractor to represent his case.

We hereby agree and undertake irrevocable and unconditionally to carry out duly each and very decision, order, direction or

instruction as may be issued by the said Additional City Engineer or as the case may be, the officer of the Corporation in

his behalf and to rectify properly and promptly the defect found by him.

FOR AND ON BEHALF OF M/S._____________________________________

__________________________________________________________________

Place :- __________________

Date :- __________________

S E A L

Notary, Maharashtra State

BEFORE ME

Notary, Maharashtra State

Noted and Registered at _________________________________

Serial Number

____________________

For & on Behalf of Corporation.

Accepted By.

Annexure –

UNDERTAKING

(On a Rs. 500/- Stamp paper)

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 Tender will be forfeited.

Also I/We aware that if the information / document found to be untrue or false during the currency of Contract,

our Contract liable to be terminated.

.................................................... I / We hereby declare that I / We have made myself / ourselves thoroughly

conversant with the sub-soil conditions regarding all materials (such as stone, murum, sand, etc.) and labour of

which I / We have based my / our rates for this Work. The specifications, conditions bore results and lead of

materials on this Work have been carefully studied and understood by me / us before submitting this Tender. I /

We undertake to use only the best materials approved by the DMC, N.M.M.C. or his duly authorised assistant,

before starting the Work and to abide by his decision.

I/ we agree that the amount of Earnest Money shall not bear interest and shall be liable to be forfeited to the

corporation, should I/we fail to (i) Abide by the stipulation to keep the offer open for the period of 120 days

from the date fixed for opening the same and thereafter until it is withdrawn by me/ us by notice in writing duly

addressed to the authority opening the Tenders. (ii) Security Deposit as specified in Schedule ‘A’ and within the

time limit laid down in 24 of Detailed Tender Notice. The amount of earnest money may be adjusted towards

the security deposit or refunded to me /us if so desired by me/us in writing, unless the same or any part thereof

has been forfeit 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.

Demand draft No...............................Dated ...................... from the Nationalised/ Scheduled Bank

at........................................................... in respect of the sum of

*Rs................................................................... is herewith forwarded representing the Earnest

Money (a) the full value of which is to be absolutely forfeited to N.M.M.C. should I/ we not deposit

the full amount of security deposit specified in the Detailed Tender Notice.

Tenderer ........................................................................

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

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

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

(witness) ........................................................................ Signature of Witness

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

ANNEXURE ‘ ’

A F F I D A V I T

ON STAMP PAPER OF VALUE OF RS. 500/-

I/We hereby state that we are aware of the provisions of section 10 (f) & (g) of the BPMC Act. 1949 which are reproduced

below, and solemnly state that we have no partnership or any share of the 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 or indirectly.

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 are liable to be disqualified and the Earnest

Money accompanying the Tender shall stand forfeited to the Corporation. We are also aware that if the information

produced above if found to be untrue or false during the currency of the Contract, we shall be held to be in default and the

Contract, if any awarded to us, shall be liable to be terminated with all its concurrences.

Tenderer .....................................................................................

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

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

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

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

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

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

(Occupation)......................................................

Signature of Witness

Subject as otherwise provided in this contract all notice to be given on behalf of the Corporation

and all other actions to be taken on its behalf may be given or taken by the Engineer or any officer

for the time being entrusted with the functions, duties and powers of the Engineer.

Affidavit (on 500/-stamp paper)

I………………………………………..age…………………………………………….address…………………………………………….(Authoszed

signatory to sign the contract, hereby submit, vide this affidavit in truth, that I am the owner of the contracting

firm…………………………………………. authorized signatory and I am submitting the documents in envelop no 1. For

the purpose of scrutiny of the contract. I hereby agree to the conditions mentioned below.-

1. I am liable for action under Indian Penal Code for submission of any false/ fraudulent

paper/information submitted in envelop no .1.

2. I am liable for action under India pinal code if during contract period and defect liability

period, an false information, false of bill of purchases supporting proof of purchase, proof

of testing submitted by my staff, subletting company or by myself, I will be liable for action

under Indian Penal Code.

3. I am liable for action under Indian Penal Code if any paper are found false/ fraudulent

during contract period and even after the completion of contract ( Finalisation of final bill)

(Signature of contractor)

(Seal of company)

प�र�शIट -1

नमनुा सJय�KतLाप� (Mपये 500/-Oया Pटँप पेपरवर)

मी…………………………………………………………………………………………………..वय वषU………………………………………राहणार

……………………………………………………………………………………………………. या सJय�KतLा प�ाXवारे �लहून देतो क[, मी

……………………………………………………………………………… या फम]चा/कंपनीचा मालक असनू…………………………………….. या

कामासाठ` Kनaवदा सादर कर�त आहे. Jया KनaवदेOया �लफाफा .1 मcये जी कागदप� ेसादरकेल� आहेत ती

खर�, बरोबर व पणु] आहेत. Jयामcये कोणJयाह� �टु�, चकुा नाह�त, याची मी खा�ी केलेल� असनू असे

शपथपवु]क खाल�ल अट� व शथfसह माgय कर�त आहे. या कागदप�ांमcये काह� चुक[ची, दशाभलु करणार�,

खोट� व तसेच अपणु] मा हती आढळjयास मी भारतीय दंडस ंहता अतंग]त कायदेशीर काय]वाह�स पा� राह�न.

1. जर कं�ाट कालावधी दरlयान, मी, माmया काया]लयानो nकंवा माmया कम]चार-यांनी साव]जKनक बांधकाम

aवभागाला कोणतीह� खोट� मा हती nकंवा देयकासमवेत तसेच प�oयावहारात खोट�/बनावट सा हJय खरेद�ची

कागदप� ेसादर केल� असjयास, मी भारतीय दंडस ंहता अतंग]त कायदेशीर काय]वाह�स पा� राह�न.

2. जर कं�ाट कालावधीदरlयान आpण काम समाqतीनतंर, अKंतम देयक देrयाOया तारखेपयsत सादर केलेल

कोणतहे� कागदप� ेखोट�/बनावट nकंवा फसवी आढळjयास, मी भारतीय दंडस ंहता अतंग]त कायदेशील काय]वाह�स

पा� राह�न.

3. जर काम समाqतीनतंर दोष दाKयJव कालावधी दरlयान nकंवा Jयानतंर कोणJयाह� वेळी, कोणतीह� मा हती

nकंवा कागदप� ेखोट�//बनावट nकंवा फसवी आढळjयास, मी भारतीय दंडस ंहता अतंग]त कायदेशील काय]वाह�स

पा� राह�न.

कं�ाटदाराची सह� / �शtका

Penalty Chart

Sr.

No.

Description Penalty

1 Failure to remove Tree Cutting / Foliage/ logs/ Stumps etc within

48 hours

Rs. 500/- per day

per tree

2 Failure to attend the complaint of trimming of branches within

stipulated time period

Rs. 500/- per Tree

3 Failure to attend the complaint of dead/dangerous tree located at

any place within stipulated time period

Rs.5,000/- per

tree.

4 Failure to attend the complaint of uprooted and fallen tree

located at any place within stipulated period

Rs.2,000/- per

tree.

4 Failure to attend the complaint of any fallen tree on any road

affecting traffic within stipulated time period

Rs5,000/-per tree

5 Failure to carry out successful transplantation of any tree i.e.

if the transplanted tree dies within six months.

Rs5,000/-per tree

6 Failure to non application of reliable insecticide/pesticide to the

branch as directed by horticulturist within stipulated time period

Rs.100/- per

branch

7 Failure to remove fruits/fronds within stipulated time period Rs.500/- per tree

8 Failure to repaire or restores the damaged portion while

execution of the work as per site condition on NMMC premisses

Damages assisted

by ward engineer

plus 20%

9 Damages to surrounding trees/shrubs while exection of work. Rs.500/- per

incidance

10 Failure to sparying insecticides/pesticides/fungicides etc.within

stipulated time period.

Rs.500/- per tree

11 Failure to filling cavity of hollow tree. Rs.2500/-per tree

12 Fails to deconcretize of tree basin Rs,1000/- per tree

13 Failure to remove conceret material for site after deconcretize Rs. 500/- per tree

14 Failure to lifting / disposal of unclaimed tree cutting item no. 29 Rs. 500/- per spot

Schedule “B” TENDER NOTICE NO.-NMMC/GARDEN/B1/65(5)/2019-20

Removal of Dead and dangerous trees/branches from public as well as private premises in

“F” Ward GHANSOLI for the period of 5 years.

Sr.

No. Description Quantity

Base Rate

Per Units in

Rs.

Estimate

amount as per

Unit Base Rate

in Rs.

Unit Rate

Quoted by

Tenderer in

Rs.

Amount

Quoted by

Tenderer in

Rs.

1 2 3 4 5 6 7

1 Removal of dead trees having girth upto 12"

to 36" as per specification

18 3500 63000

2 Removal of dead trees having girth upto 37"

to 72" as per specification

18 7500 135000

3 Removal of dangerous trees having girth 12"

to 36" as per specification

18 4000 72000

4 Removal of dangerous trees having girth 37"

to 72" as per specification

18 12000 216000

5 Removal of Braches of trees having girth 12"

to 36" as per specifications

1000 1500 1500000

6 Removal of Braches of trees having girth 37"

to 72" as per specifications

100 3000 300000

7

Removal of easily accesible fallen trees

having girth upto 12" to 36" as per

specification

18 4000 72000

8

Removal of easily accesible fallen trees

having girth upto 37" to 72" as per

specification

18 12000 216000

9 Removal of non accessible fallen trees having

girth upto 12" to 36" as per specification

18 10000 180000

10 Removal of non accessible fallen trees having

girth upto 37" to 72" as per specification

18 18000 324000

11

Transplantation of trees at some

plot/location having girth upto 12" to 36" as

per specification

18 14500 261000

12 Filling of Cavities of hollow trees (healing

treatmnent) per tree

18 3000 54000

13 Treating/spraying of pesiticide at stem zone

of tree having stem height below 20 ft

18 300 5400

14 Treating/spraying of pesiticide at stem zone

of tree having stem height above 20 ft

18 500 9000

Total Amount per year 3407400

(Rupees In words------------------------------------------------------------------------------------------------------------------------)

Five Years Total Amount 17037000

(Rupees In words------------------------------------------------------------------------------------------------------------------------)

Signature of Tenderer No. of corrections