Tender 36Form 02 -01-2019umc.maharashtra.etenders.in/tpoimages/umc/tender/Tender1961.pdf36/7 Via Br.No. 442 Ward No. 6 Ulhasnagar-2 (New Construction of Pavement Drain From Wibson

ULHASNAGAR MUNICIPAL CORPORATION

ULHASNAGAR

TENDER DOCUMENT

NAME OF WORK

Sign. of Contractor Ex. Engineer City Engineer

UMC UMC

2

I N D E X

Name of work:

Serial No. Description Page No.

From

1 Notice Inviting Tender 1

2 Detailed Tender Notice 3

3 Instructions to Tenderer 6

4 General Conditions 9

5 Tender Form B-1 15

6 Conditions of Contract 17

7 Declaration of Contractor 35

8 Schedule ‘A’ 36

9 Schedule ‘B’ 37

10 GR Performance Guarantee 45

Issued to: M/s.

Receipt No. Dated:

Executive Engineer

Ulhasnagar Municipal Corporation

Ulhasnagar


UMC UMC

3

ULHASNAGAR MUNICIPAL CORPORATION, ULHASNAGAR DIST.THANE (MAHARASHTRA)

PUBLIC WORKS DEPARTMENT

E-TENDER NOTICE NO.- 10

The Commissioner, Ulhasnagar Municipal Corporation invites sealed tenders in two-Percentage

rate E-Tender for the following works are invited by the Ulhasnagar Municipal Corporation from

Contractors who are registered with Maharashtra State PWD& other departments with appropriate

category. The details of tender is as under Sr. No.

PWD

Inwa

rd No.

Tender Notice No. Name of work Estimated Value

EMD (1%)

Tender

Docume

nt Fee

Time Limit

Class of Registrat

ion

1

766

UMC/PWD/

Notice/2018-19/

36/1

Construction of.(M-250) CC Pavement and Drain

Near Br.No. 2119, Near Hill Line Police Station

Ward No-17 Ulhasnagar-5(S.C.Chairperson

Fund)

500000 5000 500 3

months VI th

2

727

UMC/PWD/

Notice/2018-19/

36/2

Construction of Latrine Near ATP School Ward

No.8 Ulhasnagar-3(Standing Committee

Members Fund)

400000 4000 400 3

months VI th

3

669

UMC/PWD/

Notice/2018-19/

36/3

Construction of CC Pavement Drain Near Br.No.

580,Veer Savarkar Nagar,Gobinghram Tabella

Ward No.16 Ulhasnagar -4 (Ward Committee

Chairperson Fund)

400000 4000 400 3

months VI th

4

668

UMC/PWD/

Notice/2018-19/

36/4

Construction of CC Pavement, Drain Near B.K

No 1675,16761677 Ward No.16 Ulhasnagar-4

(Ward Committee Chairperson Fund)

400000 4000 400 3

months VI th

5

667

UMC/PWD/

Notice/2018-19/

36/5

Construction of CC Pavement, Drain At Shiv

Colony, Nutan Nagar Area Ward No.16

Ulhasnagar-4 (Ward Committee Chairperson

Fund)

400000 4000 400 3

months VI th

6

666

UMC/PWD/

Notice/2018-19/

36/6

Construction of Samaj Mandir Near

Br.No.1583,1584 Ward No.16, Ulhasnagar-4

(Const.of Samaj Mandir, Welcome Gate, Yatri

Niwas, Sports Complex, Stage.etc fund)

500000 5000 500/- 3

months VI th

7

UMC/PWD/

Notice/2018-19/

36/7

Construction of Pavement Drain From Wibson

Tower to Gopi Transport Via Sherawali Building

Via Br.No. 442 Ward No. 6 Ulhasnagar-2 (New

roads Cement Concrete)

2500000 25000 2500/- 5

months V th

8

59

UMC/PWD/

Notice/2018-19/

36/8

Construction of CC Pavement and Drain Near

Gurudwara, from Railway Line to Punjabi Pada,

Amarpali Nagar, Ulhasnagar-5 Ward No.7

(Maint.of roads)

1500000 15000 1500/- 4

months VI th

9

633

UMC/PWD/

Notice/2018-19/

36/9

Construction of Latrine Ranjit Yadav House

Front of ATP School Shastrinagar Ward No.8

Ulhasnagar-3 (Standing Committee Members

Fund)

1100000 11000 1100/- 3

months VI th

10

15

UMC/PWD/

Notice/2018-19/

36/10

Beautification of Hare Ram Hare Krishna Garden

Near Pappu Society Ward No.8 Ulhasnagar-3

(Basic Amenities in WC-2)

500000 5000 500/- 3

months VI th


UMC UMC

4

11

575

UMC/PWD/

Notice/2018-19/

36/11

Construction of Rooms,Fencing, Painting and

Other Works at Mahatma Jyotbahule Sabhagrahh

Near Ward No.4 Ulhasnagar- 3 (Const.of Samaj

Mandir, Welcome Gate, Yatri Niwas, Sports

Complex, Stage.etc fund)

1298500 12000 1200/- 3

months VI th

12

43

UMC/PWD/

Notice/2018-19/

36/12

Construction of CC Pavement Drain At Aadarsh

Nagar Ward No.14 Ulhasnagar-4 (New roads

Cement Concrete Fund)

1000000 10000 1000/- 3

months VI th

13

68

UMC/PWD/

Notice/2018-19/

36/13

Construction of CC Pavement Road from

Navjeevan Coop Bank to Bk. No.167,168 in

Ward No.2Ulhasnagar-1 (Standing Committee

Members Fund)

1000000 10000 1000/- 3

months VI th

14

26

UMC/PWD/

Notice/2018-19/

36/14

Construction of 10 Seated Latrine Near Somaji

Khainar House, Behind MMRDA Toilet Blk at

Dr. Baba Saheb Ambedkar Nagar in Ward No. 4

Ulhasnagar-1 (Const.of Urinals and latrine)

1500000

15000

1500/-

4

months

VI th

15

21

UMC/PWD/

Notice/2018-19/

36/15

Construction of Pavement, Road Drain

Gurudwara Tegh Bahadur to Light Pole U3/t/7

and Surrounding Area Ward No.8 Ulhasnagar-3

(New roads Cement Concrete)

2490000 25000 2500/- 5

months V th

16

02

UMC/PWD/

Notice/2018-19/

36/16

Construction of Drain From Shri Kakanwar

House to Back side of Sidhi Vinayak, Apt Ward

No.13 Ulhasnagar-4 (Ward Committee

Chairperson Fund)

999200 10000 1000/- 3

months VI th

17

23

UMC/PWD/

Notice/2018-19/

36/17

Construction of CC Pavement (M-250) and

Drain from Water Tank in Kurla Camp, Gudekar

House to Manu House, Ward No.15 Ulhasnagar-

5 (Maint.of Roads fund)

1999830 20000 2000/- 4

months VI th

18

42

UMC/PWD/

Notice/2018-19/

36/18

Balance Work of Maratha Dnyati Samaj Mandir

Near Shivaji Maidan Ward No.14 Ulhasnagar-4

(Mpl.Buildings (other)

1000000 10000 1000/- 3

months VI th

19

60

UMC/PWD/

Notice/2018-19/

36/19

Construction of Nallah at Jyoti Colony, Ward

No.13 Ulhasnagar-5 (Repairs and maint.of

drains, Nallas and culverts fund)

1500000

15000

1500/-

4

months

VI th

20

505

UMC/PWD/

Notice/2018-19/

36/20

Construction of Nalla From Shiv Mandir to

Yashwant Colony Ward No.15 Ulhasnagar-4

(Const.of strom water drains, Nallas and culverts

fund)

1000000 10000 1000/- 3

months VI th

21

50

UMC/PWD/

Notice/2018-19/

36/21

Construction of Samaj Mandir at Sambhaji

Nagar, Ulhasnagar-1, (Const.of Samaj Mandir,

Welcome Gate, Yatri Niwas, Sports Complex,

Stage.etc fund)

800000 8000 1000/- 4

months VI th

22

714

UMC/PWD/

Notice/2018-19/

36/22

Repair to Samaj Mandir and Near By

Beautification Work at Water Supply Comp,

Ulhasnagar-1 (Const.of Samaj Mandir,

Welcome Gate, Yatri Niwas, Sports Complex,

Stage.etc fund)

500000 5000 500/- 3

months VI th

23

747

UMC/PWD/

Notice/2018-19/

36/23

Repairs to Latrines and MMRDA Toilet Blks in

Ward No.3 (Rep.latrines, Urinals, Nallas, drains

and culverts etc funds)

500000 5000 500/- 3

months VI th

24

09

UMC/PWD/

Notice/2018-19/

36/24

Repairs and Beautification of Swami Sewadas

Garden Opp UMC. Ulhasnagar-3 (Const.of

Gardens)

1000000 10000 1000/- 3

months VI th

25

05

UMC/PWD/

Notice/2018-19/

36/25

Construction of CC. Pavement and Drain from

AnandPuri Darbar to Gown Bazar, Ward No.17


Fund)

1999580 20000 2000/- 4

months VI th

26

09

UMC/PWD/

Notice/2018-19/

36/26

Construction of 10 Seated Toilet in Bhim Shakati

Colony in Dus Chawl, Ward No.18 Ulhasnagar-5

(Const. of Urinals and latrines)

1500000 15000 1500/- 4

months VI th


UMC UMC

5

27

06

UMC/PWD/

Notice/2018-19/

36/27

Construction of CC. Pavement and Drain From

Priyanka Palace to Tirupati Building,Ward No.17


Fund)

1500000 15000 1500/- 4

months VI th

28

826

UMC/PWD/

Notice/2018-19/

36/28

Construction of Drain Near Br.No.1969, Side of

Booster Pump to Shiv Colony, Ward No.19

Ulhasnagar-5 (Repairs and maint.of drains,

Nallas and culverts fund)

900000 10000 1000/- 3

months VI th

29

825

UMC/PWD/

Notice/2018-19/

36/29

Construction of CC. Pavement and Drain and

Footpath Near Gurudwara,Veer Tanaji Nagar,

Near Pooja Kaur House, and Vinita Kaur

House,Ward No.19 Ulhasnagar-5. (Mayor Fund)

500000 5000 500/- 3

months VI th

30

827

UMC/PWD/

Notice/2018-19/

36/30

Construction of Samaj Mandir Near Br.No.1861,

Near Amolikdas Darbar, Section-39,Ward No.19

Ulhasnagar-5 (Mayor Fund)

500000 5000 500/- 3

months VI th

31

705

UMC/PWD/

Notice/2018-19/

36/31

Construction of CC Pavement and Drain

Opp.Meenakshi Apartments in Ward No.14

Ulhasnagar-4 (MLA FUND)

1000000 10000 1000/- 3

months VI th

32

92

UMC/PWD/

Notice/2018-19/

36/32

Construction of CC Pavement and Drain Near

Bus Stand, Ward No.2 Ulhasnagar-1 (Leader of

House Fund)

1000000 10000 1000/- 3

months VI th

33

690

UMC/PWD/

Notice/2018-19/

36/33

Construction of CC Pavement and Drain in

Ramaji Ambedkar Nagar from Shingare House to

Muttonwalla, Ward No.18 Ulhasnagar-5 (Maint

of Roads)

1000000 10000 1000/- 3

months VI th

34

892

UMC/PWD/

Notice/2018-19/

36/34

Construction of CC Pavement, Drain Near

Br.No. 87,88 and Hari Om Jwellers Shop and In

Ward No.02 Ulhasnagar-1 (Leader of House

Fund)

1000000 10000 1000/- 3

months VI th

35

93

UMC/PWD/

Notice/2018-19/

36/35

Construction of CC Pavement from Shree Hari

Kanojia House to Vinods House, Bk.No.122

Near By Area in Ward No.1 Ulhasnagar-1

(Leader of House Fund)

500000 5000 500/- 3

months VI th

36

647

UMC/PWD/

Notice/2018-19/

36/36

Construction of CC Pavement, Drain From

Vithal Mandir to Shantigram Vidyamandir in

Ward No.04 Ulhasnagar-3 (Maint of Roads)

1500000 15000 1500/- 3

months VI th

To view- Tender Notice, Detailed Time Schedule, Tender Document for this Tender and subsequently purchase

the Tender Document and its supporting documents, kindly visit UMC child portal on e-Tendering website of

Government of Maharashtra: http://umc.maharashtra.etenders.in

In order to purchase the Online Tender Document, the Contractors participating first time for e-Tenders on GoM e-

tendering portal will have to complete the Online Registration Process for the e-Tendering portal. A link for enrollment

of new bidders has been provided on http://maharashtra.etenders.in

All bidders interested in participating in the on-line e-Tendering process are required to obtain Class II or Class III

Digital Certificates. The tender should be prepared & submitted online using individual’s digital signature

certificate.

Bidders Tool Kit Section (detailed Help documents, designed for bidders) has been provided on e-Tendering

website in order to guide them through different steps involved during E-Tendering such as online procedure for

tender document purchase, bid preparation, bid submission.

1. Earnest Money Deposit: Bidders will hage to pay Earnest Money Deposit through online modes of

Payment such as NET BANKING, DEBIT CARD, CREDIT CARD AND NEFT/RTGS during BID

PREPARATION STAGE. This payment will not be accepted by the department through any offline

modes such as cash, Cheque or Demand Draft.

2) Document fee: Bidder will have to pay cost of Tender Documents through online modes of Payment such

at NET BANKING, DEBIT CARD AND CREDIT CARD during TENDER DOCUMENT

DOWNLOAD STAGE. This payment will not be accepted by the department through any offline modes

such as Cash, Cheque or Demand Draft.


UMC UMC

6

If any assistance is required regarding e-Tendering (registration / upload / download) please contact GoM e-

Tendering Help Desk on number: 020 – 253 155 55 (Pune Helpline), 022-266 111 17 ext – 25, 26 (Mumbai

Helpline).

If any assistance in required regarding work/s please contact office of the Executive Engineer, Public Works

Department, Ulhasnagar Municipal Corporation. Number: 0251-2720136 or 0251-2720116 Extn.254.

Schedule of Tender is as follows:

Sr. No. Activity Performed

by

Start`1 Expiry Duration

Date Time Date Time

1 Tender Release Department 30-01-2019 11.00 01-02-2019 17.00 02 Day(s)

2 Tender Download Bidders 01-02-2019 17.01 16-02-2019 17.00 15 Day(s)

3 Bid Preparation

4 Technical Bid

Closing Department 16-02-2019 17.01 18-02-2019 17.00 02 Day(s)

5 Price Bid Closing.

6

Bid Submission

Bidders

18-02-2019 17.01 21-02-2019 17.00 04 Day(s)

7 Technical Bid

Opening Department 22-02-2019 11.00 22-02-2019 17.00 01 Day(s)

8 Price Bid Opening

Terms & Conditions:

1) All other details are incorporated in the Tender documents.

2) The Corporation reserves the right to phase out the work as per requirement. 3) The Corporation reserves the right to delete or maintain any item /phase from scope of work as mentioned in the Tender documents.

4) Commissioner, Ulhasnagar Municipal Corporation reserves the rights to accept or reject all or any tender, without assigning any reasons.

5) Details of terms and conditions are available in Tender documents. Notice is also available on our website www.umc.gov.in

Date : Place: Ulhasnagar City Engineer

Ulhasnagar Municipal Corporation


UMC UMC

7


DETAILED TENDER NOTICE

Online tenders in B-1 form on percentage rates are invited from the Registered contractors in

appropriate class, with PWD/CPWD/MSGB/MJP fulfilling pre-qualification criteria specified

in the notice for the following works on behalf of Commissioner, Ulhasnagar Municipal

Corporation, Ulhasnagar

Mode of Payment for blank tender document

To be paid through Online Payment Modes i.e. Net Banking,

Debit Card and Credit Card during Tender Document

Download Stage.

Mode of Payment for Earnest Money Deposit

To be paid through Online Payment Modes i.e. Net Banking,

Debit Card, Credit Card and NEFT/RTGS during Bid Preparation

Stage.

Date ,Time and Place for Training on e-Tendering Process

Date ,Time and Place of Pre Bid Meeting

Venue of online opening of tender

Address for Communication

Contact Telephone & Fax Numbers

e-Tendering Helpline Support: Monday to Friday - 09:00 AM - 08:00 PM Saturday - 09:00 AM - 06:00 PM

Telephone:

020 - 3018 7500

Email:

[email protected]

3 Validity of Offer

120 days from the date of opening of tender,

4 Criteria of Pre-qualification

a) The contractor shall be registered in appropriate class with state PWD & CPWD

and MSGB/CIDCO/MJP

b) The contractor should produce the certificate of satisfactory completion of one

similar type of work/s in Govt. Semi Govt. and Municipal Corporation

amounting to at least cost put to tender. The certificate should be signed on the

officer at the rank of Executive Engineer and above.


UMC UMC

8

INSTRUCTIONS TO BIDDERS

GENERAL INSTRUCTIONS:

The bidders are requested to familiarize themselves with the use of the e-Tendering portal of

Government of Maharashtra well in advance

To view- Tender Notice, Detailed Time Schedule, Tender Document for this Tender and

subsequently purchase the Tender Document and its supporting documents, kindly visit

following e-Tendering website of Government of Maharashtra:

https://maharashtra.etenders.in

The Contractors participating first time for e-Tenders on GoM e-tendering portal will have to

complete the Online Registration Process for the e-Tendering portal. A link for enrollment of

new bidders has been provided on https://maharashtra.etenders.in

All bidders interested in participating in the online e-Tendering process are required to procure

Class II or Class III Digital e-Token having 2 certificates inside it, one for Signing/Verification

purpose and another for Encryption/Decryption purpose. The tender should be prepared &

submitted online using individual’s Digital e-Token.

An important Training Workshop on e-Tendering procedure will be held on __-__-____ at

__:__ Hrs. at __________.

e-Tendering Tool Kit for Bidders (detailed Help documents, designed for bidders) has been

provided on e-Tendering website in order to guide them through different stages involved

during e-Tendering such as online procedure for Tender Document Purchase, Bid Preparation,

Bid Submission.

Bidders will have to pay cost of Tender Document through online modes of payment such as

Net Banking, Debit Card and Credit Card during Tender Document Download stage. This

payment will not be accepted by the department through any offline modes such as Cash,

Cheque or Demand Draft.

Similarly, Bidders will have to pay Earnest Money Deposit through online modes of payment

such as Net Banking, Debit Card, Credit Card and NEFT/RTGS during Bid Preparation

stage. This payment will not be accepted by the department through any offline modes such as

Cash, Cheque or Demand Draft.

The interested contractors / bidders will have to make online payment (using credit card/debit

card/net banking) of Rs. 1092/- (inclusive of all taxes) per bid per tender to online service

provider of e-Tendering system (Sify NexTenders) at the time of entering Online Bid

Submission stage of the tender schedule.


UMC UMC

9

If any assistance is required regarding e-Tendering (registration / upload / download) please

contact GoM e-Tendering Help Desk on number: 020 – 3018 7500 (Pune Helpline), Email:

[email protected]

For a bidder, online bidding process consists of following 3 stages:

1. Online Tender Document Purchase and Download

2. Online Bid Preparation

3. Online Bid Submission

All of 3 stages are mandatory in order for bidders to successfully complete Online

Bidding Process.

TENDER DOCUMENT PURCHASE AND DOWNLOAD: The tender document is uploaded / released on Government of Maharashtra, (GOM) e-

tendering website https://maharashtra.etenders.in. Tender document and supporting

documents may be purchased and downloaded from following link of Ulhasnagar Municipal

Corporation on e-Tendering website of Government of Maharashtra,

https://umc.maharashtra.etenders.in by making payment through Online Payment Modes

i.e. Net Banking, Debit Card and Credit Card.

If for any reason a bidder fails to make this payment through online modes, system won't

allow the bidder proceed further for next stage resulting in his/her elimination from Online

Bidding Process.

This payment will not be accepted by the department through any offline modes such as Cash,


Subsequently, bid has to be prepared and submitted online ONLY as per the schedule.

The Tender form will be available online only. Tender forms will not be sold / issued manually

from Ulhasnagar Municipal Corporation Office

The bidders are required to download the tender document within the pre-scribed date & time

mentioned in online tender schedule. After expiry of the date and time for tender document

download, Department / Corporation will not be responsible for any such failure on account of

bidders for not downloading the document within the schedule even though they have paid the

cost of the tender to the Department / Corporation. In such case the cost of the tender paid by

the bidders will not be refunded.

PREPARATION & SUBMISSION OF BIDS

Both the Bids (Technical as well as Commercial) shall have to be prepared and subsequently

submitted online only. Bids not submitted online will not be entertained.


UMC UMC

10

Online Bid Preparation EARNEST MONEY DEPOSIT (EMD)

Bidders are required to pay Earnest Money Deposit (if applicable) through Online Payment

modes i.e. Net Banking, Debit Card, Credit Card and NEFT/RTGS during Bid Preparation

Stage.

This payment will not be accepted by the department through any offline modes such as Cash,


If for any reason a bidder fails to make this payment through online modes, system won't allow

the bidder to complete Bid Preparation stage resulting in his/her elimination from Online

Bidding Process.

In case EMD is mandatory to all the bidders for a tender, offers made without EMD shall be

rejected.

In Bid Preparation stage, bidders get access to Online Technical and Commercial Envelopes

where they require uploading documents related to technical eligibility criteria and quote

commercial offer for the work / item in respective online envelopes.

TECHNICAL BID (Envelope 1)

Following documents should be uploaded in Online Technical Envelope (T1) in PDF format, if

required can be zipped as well and then uploaded. These documents need to be digitally signed

by individual contractor’s digital signature and uploaded during Online Bid Preparation

stage.

The list of documents for Technical Envelope is as follows:

Sr.

No. List of Documents Compulsory /

Additional

1 Registration Certificate of firm.

2 Copy of GST Registration Certificate from concerned Government

Department.

3 Up to date IT Clearance Certificate from concerned Government

Department.

4 Copy of the PAN Card

5 Proof in support of having experience of Similar Type of work in hand or

work completed certificate, while submission of tender.

6 Turnover statement, Income Tax Statement Return Statement duly

signed by the CA of Last Three years.


UMC UMC

11

COMMERCIAL BID (Envelope 2)

All commercial offers must be prepared online (An online form will be provided for this

purpose in Online Commercial Envelope (C1), during Online Bid Preparation stage).

He should not quote his officer any where directly or indirectly in the envelope No. I.

The contractor shall quote for the work as per details given in the main tender and also based

on the details of conditions issued/additional stipulations made by the UMC, as informed to

him by a letter, if any.

This tender shall be unconditional.

Note: During Online Bid Preparation stage, bidders are allowed to make any changes or

modifications in the bid data uploaded by them in Technical (T1) as well as Commercial (C1)

envelope.

Towards the end of Bid Preparation, once verification of EMD payment is successful, bidder

completes the Bid Preparation stage by generating the Hash Values for T1 and C1. Post this,

system won’t allow him/her to make any further changes or modifications in the bid data.

c) Online Bid Submission

In this stage, bidders who have successfully completed their Bid Preparation stage are

required to transfer the data, already uploaded by them during Bid Preparation stage,

from their custody to department’s custody.

Note: During this stage, bidders won’t have any capability to make any kind of changes or

editing into technical as well as commercial data.

INSTRUCTION TO BIDDERS FOR ONLINE BID PREPARATION & SUBMISSION

Bidders are required to pay Earnest Money Deposit (if applicable to them) through Online

Payment modes i.e. Net Banking, Debit Card, Credit Card and NEFT/RTGS during Bid

Preparation Stage.

If for any reason a bidder fails to make this payment through online modes, system won't

allow the bidder to complete Bid Preparation stage resulting in his/her elimination from

Online Bidding Process.


UMC UMC

12

Hence, it is strongly recommended to bidders to initiate this payment well in advance prior to

expiry of Bid Preparation stage in order to avoid elimination from Online Bidding Process on

grounds of failure to make this payment.

During the activity of Bid Preparation, bidders are required to upload all the documents of

the technical bid by scanning the documents and uploading those in the PDF format. This

apart, bidders will have to quote commercial offer for the work / item, for which bids are

invited, in an online form made available to them in Commercial Envelope. This activity of

Bid Preparation should be completed within the pre-scribed schedule given for bid

preparation.

After Bid Preparation, the bidders are required to complete Bid Submission activity within

pre-scribed schedule without which the tender will not be submitted.

Interested contractors / bidders will have to make online payment (using credit card/debit

card/net banking/Cash Card) of Rs. 1038/- (inclusive of all taxes) per bid per tender to online

service provider of e-Tendering system (Sify NexTenders) at the time of commencing Online

Bid Submission stage of the tender schedule.

Non-payment of processing fees will result in non submission of the tender and Department

will not be responsible if the tenderer is not able to submit their offer due to non- payment of

processing fees to the e-tendering agency.

Detailed list of different modes of online payment to e-tendering service provider (E-Payment

Options) has been provided under E-Tendering Toolkit for Bidders section of

https://maharashtra.etenders.in .

The date and time for online preparation followed by submission of envelopes shall strictly

apply in all cases. The tenderers should ensure that their tender is prepared online before the

expiry of the scheduled date and time and then submitted online before the expiry of the

scheduled date and time. No delay on account of any cause will be entertained. Offers not

submitted online will not be entertained.

If for any reason, any interested bidder fails to complete any of online stages during the

complete tender cycle, department shall not be responsible for that and any grievance regarding

that shall not be entertained.

Any amendment to the tender will be placed on sub portal of the Department, who have invited

the bids, on e-tendering portal of the Govt. of Maharashtra. The tenderer will not be

communicated separately regarding the amendment.

14 Opening of Tender:

The bids that are submitted online successfully shall be opened online on the date

specified in the tender notice (if possible) in the presence of intending bidder or their

authorized representative to whom they may choose to remain present. Following procedure

will be adopted for opening of the tender.

Technical Bid (Envelope No. I):

First of all envelope No. I of the tender will be opened to very its contents as per the

requirements.


UMC UMC

13

At the time of opening of technical bid the tenderer should bring all the original documents that

have been uploaded in the Online Technical Envelope (T1) so that same can be verified at the

time of opening of technical bid.

If the tenderer fails to produce the original documents at the time of opening of technical bid

then the decision of the committee taken on the basis of document uploaded will be final and

binding on the tenderer.

If the various documents contained in this envelope do not meet the requirements of the UMC,

a note will be recorded accordingly by the tender opening authority and the envelope No. II of

such tenderers will not be considered for the further action and the same will be rejected.

Decision of the tender opening authority shall be final in this regard.

The right to accept or reject any or all tenders in part or whole without assigning any reason

thereof is reserved with Tender Opening Authority and his decision(s) on the matter will be

final and binding to all.

The commercial bids shall not be opened till the completion of evaluation of technical bids.

The commercial Bids of only technically qualified Bidders as mentioned above will be opened.

Commercial Bid (Envelop No. II)

This envelope shall be opened online as per the date and time given in detailed tender schedule

(if possible), through e-Tendering procedure only,

After opening of envelope No. I, if contents of envelope No. I, are found to be accepted to the

UMC, then only the envelope No. II, shall be opened immediately. The tendered rates in

Schedule B form shall then be read out.

15 Right Reserved

Rights to rejects any or all the tenders without assigning any reasons there of is

reserved by the Commissioner, UMC and whose decision will be final and legally binding on

all the tenderers.

INSTRUCTIONS TO TENDERER

1 Scope of work

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2 Award Criteria

The owner will award the contract to the successful bidder whose bid been determined

to be substantially responsive and has been determined as the lowest evaluated bid, provided

further that the bidder is determined to be qualified to perform the contract satisfactorily.


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3 Acceptance of Tender

3.1 The acceptance of the tender rests with the Commissioner, UMC, Ulhasnagar, the right

to reject any or all the tenders without assigning any reason therefore is reserved by the

UMC. The tendered whose tender is accepted will have to enter into regular agreement

in the type and form prescribed by UMC, and abides by the rules tendered there.

3.2 No corrections additions or alterations in the tender documents shall be made. No

special stipulations in the tender documents shall be permitted.

3.3 The tender can be liable to be rejected out right if while submitting the same.

i) The tenderer proposes any conditions and alterations in the obligatory condition of

the tender.

ii) Any of the page of the tender is remove/replaces or spoiled badly.

iii) If the offer in words and in figures is not filled in the line in appropriate place of

tender form.

iv) If the specified Earnest money in specified form is not paid.

v) All corrections or additions or pasted slips are not initialed by the tenderer.

vi) Any erasures are made in the tender documents.

vii) The tenderer or in case of firm or company authorized person does not sign the

tender documents in the place provided for the purpose and on page of tender form.

3.4 If the tendering contractors are a firm or company they shall in their forwarding letter

should be mentioned the names of all the partners of the firm or the company as the

case may be and the name of partners who hold the power of attorney authorizing them

to conduct transactions on behalf of the company/firm.

3.5 Rules and conditions of the contract are subject to amendment till the time of

acceptance of tender.

3.6 The notes and conditions stipulated in this notice will form a part of the agreement.

4 Signing of Contract:

At the same time as the owner notifies the successful bidder that the bid has been

accepted, the owner will send the bidder an acceptance letter informing the bidder the

further necessary line of action including signing of contract etc.

5 For special attention of tenderer

The tenderer is expected to visit the site before quoting the tender and get himself

acquainted with the site conditions and site requirements. There may be some local

problems which, will be required to be tackled by the tenderer.

6 (i) The contractor shall pay along with the tender the sum of

Rs._____________(Rupees ________________________________) as and by way of earnest

money. The contractor may pay the said amount by cash/Demand draft. The said amount of

earnest money shall not carry any interest whatsoever.

ii) IN the event of his tender being accepted subject to the provision of sub clause.

iii) Below, the said amount of earnest money shall be appropriated towards the amount of

security deposit payable by him under condition of General conditions of contract.

iv) If after submitting the tender, the contractor withdraws his offer or modified the same

or if , after the acceptance of his tender the contractor fails or neglects to furnish the balance of

security deposit with out prejudice to any other rights and power of the Corporation here or in

law, Corporation shall be then forfeit the full amount of the earnest money deposited by him.


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v) In the event of his tender not being accepted, the amount of earnest money deposited by

the contractor shall unless it is prior thereto for deflated under the provision of sub clause iii,

above the refunded to him on his passing receipt therefore.

7 The City Engineer, or his duly authorized assistant shall open tenders in the presence of

contractors who have submits tenders or their representatives who may be present at the time

and he will enter the amount of the several tenders in a comparative statement in the suitable

form in the event of a tender being accepted. The contractor shall for the purpose of

identification signed copes of the specification and other documents mentioned in rule 1. In the

event of tender being rejected the City Engineer shall authorize the Chief Accounts and finance

officer to refund the amount of earnest money deposited to the contractor making the tender on

his giving a receipt for the return of the money.

8 No receipt for any payment alleged to have been made by the contractor in regards to

any matter relating to this tender or the contract shall be valid and binding on unless it signed

by City Engineer or any authorized officer.

9 All works shall be measured by standard measure and according to the rules and

customs of the Corporation and without reference to any local customs.

10 All corrections and additions or passed slips should be initialed.

11 The contractor shall submit his bills time timeThe measurements of work will be taken

accordingly to the usual methods in the use in the Corporation and no proposals to adopt

alternative will be accepted. The city Engineer’s decision as to what is the usual method in the

use in the UMC will be final.

12 The tendering contractor shall furnish a declaration along with the tender showing all

works which he has already entered in to contract and the value of the work that remains to be

executed in each case on the date of admitting tender.

13 Every tenderer shall furnish along with the tender, information regarding the

income tax circle or work of district in which he is assessed to income tax the reference

to the number of the assessments year and a valid income tax clearance certificate.

14 Successful tenders will have to produce to the satisfaction of the accepting authority a

valid current license issued in his favour under the provision of contract labour (regulations &

abolition) Act 1970, before starting works, failing which acceptance of the tender will liable

for with drawl and earnest money will be forfeited by UMC.


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GENERAL CONDITIONS OF CONTRACT

1 DEFINATIONS

IN the contract (as hereinafter defined) the following words and expressions will have

the meaning hereby assign to them.

A Approved/approval: Means approved in writing.

B Construction Plant: Means all equipments, appliances or things of whatever nature

required for the execution, completion or maintenance of the work of temporary works but

does not include materials or other things intended to form or formatting part of the permanent

work.

C Contract: Means the instructions & information for tenderers, general and special

conditions of the contract, specifications, and drawing tender (including the schedule of

quantities and tender prices,) form of the agreement and all addenda and attachments related to

the above.

D Contractor: Means the particular person, firm or corporation with whom the contract

has been made for executing the works.

E Drawings: Means the drawings, referred to in the specifications any modification of

such drawings approved in written by Engineer and such other drawing as may from time to

time be furnished or approved in written by the Engineer in charge.

F Engineer in charge: Means the Engineer in charge of the work or specified parts of

the work under the contract or such other departmental assistant / or subordinates to whom the

Engineer in charge may have delegated certain duties acting separately within the scope of the

particular duties entrusted to them.

G UMC : Means Ulhasnagar Municipal Corporation.

H I.S.S. : Means Indian Standard specifications.

I Sites : Means the land and other places, on under, in or through which the work

are to be carried out or executed and any other lands or places provided by the owner UMC, for

the purpose of contract together with such other places as may be specifically designated in the

contract or subsequently approved as forming part of the site.


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J City Engineer: Means the Engineer in over all charge of the works.

K Temporary work: Means all temporary work of every kind required for the

performances of the contract.

L works: Means the work to be executed in the accordance with the contract.

M Commissioner: Means Commissioner, Ulhasnagar Municipal Corporation.

2 ACQUAITANCE WITH SITE AND WORK CONDITIONS ETC:

The contractor shall study the site and general conditions in respect of the approaches,

labourers, water supply, climate, quarries, and the date included in the tender papers, and get it

verified from the actual inspection of site etc. before submitting the tender. In case or doubt

about any item or date included in the tender or otherwise it shall be got clarified before

submitting the tender. Once the tender is accepted, it shall be concluded that the contractor

has verified and made himself conversant with al the details required for completing the work

as per conditions and specifications:

3 STORE SHED AND TEMPORARY OFFICE:

This shall be arranged by contractor at his own cost, with adequate safety for

watching/guarding.

4 ERRORS, OMISSIONS AND DISCREPANCIES:

A) IN case of errors/and or disagreement between written and scaled dimension on the

drawing or between drawing and standard specifications etc. the following orders of the

preference shall supply.

I) Between actual scaled and written dimension or description or a drawing the

letter shall be adopted.

II) Between the written or shown description of dimension in the drawing and

corresponding one in the specifications, the latter shall apply

III) Between the quantities shown in the schedule of quantities and those arrived

at from the drawing, the latter shall be adopted subject of course, to actual

measurements at site.

IV) Between the written description in specifications of the same item, the latter

shall be adopted.

B) In case of discrepancy between rates quoted in figures and words

the lowest of the two will be considered for acceptance of the

tender.

C) IN all cases of omissions /and or doubts for any items or

specifications a reference shall be made to the City Engineer,

Ulhasnagar Municipal Corporation, Ulhasnagar whose elucidation,

elaboration or decision shall be considered as authentic. The

contractor shall be held responsible for any errors that may occur

in the work through lack of such reference and through lack of

such precautions.

5 WORKING METHODS


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The work is to be executed without disturbing the parallel activities and in co relation

with other contractors working at same site. The work shall be executed as per directive of

Engineer in charge and as per instructions of the Architect appointed by the UMC Ulhasnagar.

6 PROGRESS SCHEDULE:

The UMC, will furnish a progress schedule indicating the date of actual starting of

work, programme of execution, of work and time limit for carrying out the job etc. The

contractor will be responsible for maintaining the progress according to schedule given

by the City /engineer, UMC. The progress schedule will be strictly followed and

observed. The necessary panel action will be taken if the contractor fail to maintain the

progress schedule.

7 HANDING OVER THE WORK:

All the work and materials, before finally taken over by department will be the entire

liability of the contractor for guarding, maintaining and making good any damage of

any magnitude interim payments, made for such work will not alter this position. The

handling over by the contractor and taking over by the City Engineer or his authorized

representative will be always in writing copies of which will be going to the City

Engineer or his authorized representative and the contractor duly signed by the both the

parties.

8 SAMPLES AND TESTING OF MATERIALS

8.1 All the materials to be used on the work shall be got approved in advance from the city

Engineer or his authorized representative on work.

8.2 The contractor shall at his own cost arrange to carry out the tests, as per IS code of

materials which are to be used on work. The tests will have to carried out either in the

field laboratory or in an approved laboratory.

9 CO-ORDINATION

When several agencies for different sub works or the project are to work

simultaneously on the project site there must be full co ordination and co-operation

between the different contractor to ensure timely and smooth completion of project as a

whole. The schedule dates for completion specified in each contract shall therefore, be

strictly adhered to each contractor may make his independent arrangements for water

power housing etc. if they so desire, on the other hand the contractors are at liberty to

make mutual agreement in this behalf and make joint arrangements with approval of

City Engineer.

IN case of any dispute, disagreement, between the contractor and the City Engineers

decision regarding the coordination cooperation and facilities to be provided by the

contractors shall be final and binding on the contractor concerned and such a decision

or decisions, shall not vitiate any contract nor absolve the contractors of his/their

obligations under the contract nor consider for the grant for any claim or compensation.

10 SAFETY MEASURES AND AMENITIES:


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10.1 Safety Measures: The contractor shall take all necessary precautions for the safety

of the workers and preserving them while working in such job as require special protection and

precautions. The following are some of the requirements listed though not exhaustive. The

contractor shall also comply with directions issued by the Engineer in charge in this behalf

from time to time and all times.

10.2 Making all platforms staging and temporary structures sufficiently strong so as not to

cause inconvenience and risk to the workman and supervisory staff.

10.3 Providing sufficient first aid trained staff and equipments to be available quickly at the

work site to render immediate first aid treatment in case of accidents due to suffocation

and other injuries.

11 LABOUR AND GENERAL LAWS: labour Regulations:

11.1 The contractor shall employ labour in sufficient number either directly or through sub

contractors to maintain the required rats of progress and of quality to ensure

workmanship of the degree specified in the contractor and to the satisfaction of the

Engineer in charge.

11.2 The contractor shall not employ in connection with the works any person who has not

completed his eighteenth year of the age.

11.3 The contractor shall furnish to the Engineer in charge fortnightly distribution return of

the number and description by trades of works peoples employed on the works.

11.4 The contractor is required to report immediately to the Engineer in charge any accident

or unusual occurrence connected with the work and how he they acted upon. The

contractor shall also submit to Engineer in charge a true statement showing in respect

of the second half of the proceedings month and the first half on the current month.

(i) The accidents that occurred during the said fortnight showing

the circumstances under which they happened and the extent of

damage and injury cause by them and

(ii) The number of female workers who have been allowed benefit

under maternity benefit Act 1961 or rules made there under and

the amount paid to them

11.5 The contractor shall payment to the labours employed by him either directly or through

sub contractor wages not less than fair wages as defined in the contract labour

regulations as contained hereinafter in regards to all matter provided therein.

11.6 The contractor shall comply with the provision of the payment wages, Act 1936,

minimum wages, act 1948, employees liability Act 1937, workmen’s compensation Act

1923, industrial disputes, Act 1947, and the maternity benefit Act 1961, the contract

labour regulations & abolition, Act 1970, and the interstate migrant workman

(regulations of employment and conditions of services) Act 1979, or any modification

thereof any other low relating there to and rules made there under from time to time.

11.7 The contractor shall indemnify Ulhasnagar Municipal Corporation, payments, to be

made under and for the observance of the regulations aforesaid without prejudice to his

right to claim indemnify from his sub contractors.

11.8 The decision of the City Engineer in matters relating to the reports from the inspecting

officers, as defined in “contractor labour regulations: (contained hereinafter) shall be

final and binding and deductions for recovery of any liquidated damages in this respect

may be made from any amount payable to the contractor.

12 MODEL RULES FOR LABOUR WELFARE:


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20

The contractor shall at his own expenses comply with or cause to be complied with the

model rules for labour welfare as contained hereinafter or rules framed by the

Department from time to time for the protection of health and for making sanitary

arrangements for workers employed directly or indirectly on the works. In case the

contractor fails to make arrangements as aforesaid, the Engineer in charge shall be

entitled to do so and recover the cost thereof from the contractor.

13 NUISANCE

13.1 The contractor shall not any time do, cause or permit any nuisance on the site or do

anything which shall cause unnecessary disturbance or inconvenience to owners.

Tenants or occupants of other properties near the site and to the public generally.

13.2 The contractor shall save, harmless and indemnity the Department in respect of all

claims, demands proceedings damages, costs, charges and expenses what so ever

arising out o or in relation to any such matters in so far as the contractor is responsible

therefore.

14. MISCELLANCEOUS

14.1 Rate shall be inclusive of Sales Tax, work contract tax and other taxes etc. complete.

14.2 The special provision in detailed specifications or wording of any item shall gain

precedence over corresponding contradictory provision, (if any) in the Maharashtra

PWD standard electrical works specification, where reference to such specifications is

gigen without reproducing the details in contract.

14.3 It is presumed that the contractor has gone carefully through the works specifications

Maharashtra PWD standard specifications, and the schedule of rates and studied the site

condition before arriving at rates quoted by him. Decision of the City Engineer shall be

final as regards interpretation of specification.

14.4 The contractor shall be responsible for making good the damage done to the existing

property or work during construction by his men.

14.5 Defective work is liable to be rejected at any state. The contractor on no account can

refuse the defects merely on reasons that further work has been carried out. No extra

payment shall be made for rectification.

14.6 In the absence of specific directions to the contractor, the rates and prices inserted in

the items are to considered as the full inclusive rates and prices for the finished work

described there under and are to cover all labour, materials, wastage temporary work,

plant, overhead charges and profits, as well as the general liabilities, obligations and

risks arising out of the General Condition of Contract.

14.7 The details shown on drawing and all other information pertaining to the works shall be

treated as indicative and provisional only and these are liable to variation as found as

found necessary while preparing working drawing which will be supplied by the

Ulhasnagar municipal Corporation. The contractor shall not on account of such

variation be entitled to any increase over the already quoted rates in the tender which

are on quantity basis.

15. DISPUTES AND ARBITRATION

15.1 No Arbitration is allowed.

15.2 In case of disputes or difference of opinion arising between the City Engineer and the

contractor, the contractor can refer the matter to the Commissioner with an advance

copy to City Engineer and the decision of Commissioner will be final in this case.


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16. PAYMENT AND MEASUREMENTS:

The contractor shall submit his bills time to time along with measurements, which will

be verified by engineer incharge and will record in measurement books Payment will be

granted according to progress of work and availability of funds in UMC.

17. ACCIDENT:

In the event of an accident involving serious injuries or damages to human life or death

of any of his employees and or labourers or trespasses, the same shall be reported with

24 hours of the occurrence to the City Engineer and the Commissioner of Workmen

Compensation.

18. AUTHORITIES TO THE CITY ENGINEER REPRESENTATIVE:

18.1. The duties of the representative of the City Engineer is to watch and supervise the work

and to test and examine any materials to be used or workmanship employed in

connection with the work.

18.2. The City Engineer may from time to time, in writing delegate to his representative any

power and authorities vested in the City Engineer and shall furnish to the contractor a

copy of all such delegations of powers and authorities. Any written instructions of

approval given by the representative of the City Engineer to the contractor within the

terms of such delegations (but not otherwise) shall bind the contractor and the

department as though it had given by the City Engineer provided always as follows:

19. PRICE VARIATION CLAUSE:

Not applicable for this work.

20. DEFECT LIABILITY PERIOD:

The contractor will provide guarantee for all the materials supplied by him and works

executed by him against this contract for period of Twelve months on satisfactory

completion of work.


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TENDER FORM B-1

(Percentage Rate Tender and Contract For Works)

Tender for works

I/We hereby tender for the execution for the Ulhasnagar Municipal Corporation (herein before

and here in after referred to as Ulhasnagar Municipal Corporation, Ulhasnagar) of the work

specified in the under written memorandum within the time specified in such memorandum at

(in figure as well in words). Percentage below/above the

estimated rate entered in Schedule ‘B’ (memorandum showing items of work to be carried

out) and in accordance in all respects with the specification designs drawing and instructions

in writing referred to in rule 1 hereof and in clause 13 of the annexed condition of contract and

agree that when material for the work are provided by the City Engineer/ Executive Engineer

of Ulhasnagar Municipal Corporation, Ulhasnagar such materials and the rates to be paid for

them shall be as provided in schedule ‘A’ hereto.

MEMORANDUM

a) General Description:

b) Estimated Cost: Rs.

c) Earnest Money: Rs.

d) Security Deposit Rs.

1) Cash (not less then the amount of EMD) Rs.

2) To be deducted from current bill Rs.

e) Percentage if any to be deducted from bills so as to make up the total amount

requirement as security deposit by the time half the work, as measured by the

costs is done Percent.

f) Time allowed for the work from date of written order to commence.

2. I/We agree that the offer shall remain open for acceptance for minimum period of 120

days from the date fixed for opening the same and thereafter until it is with-drawn by

me/us by notice in witting duly addressed to the authority opening the tenders and sent

by registered post A.D. otherwise delivered at the office of the same authority. Earnest

Money in form of receipted Bank Challan/ receipt No. Date: is

herewith forwarded. The amount of earnest money shall not bear interest and shall be

liable to be forfeited to the Ulhasnagar Municipal Corporation, Ulhasnagar. I/We fail


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23

to (i) abide by the stipulation to keep the offer open for the period mentioned above or

(2) sign and complete the contract documents as required by the City Engineer/

Executive Engineer and furnish the security deposit specified in item(d) of the

memorandum contained in paragraph (I) above within the time limit laid down the

clause(I) or the annexed General Conditions of Contract. The amount of earnest money

may be adjusted towards the security deposit or refunded to me/us if so directed by

me/us in writing. Unless the same or any part thereof has been forfeited as aforesaid.

3. Should this tender be accepted I/We hereby agree to abide by and fulfil all the terms

and provisions of the conditions of contract annexed hereto so far as applicable and in

default thereof forfeit and pay to Ulhasnagar Municipal Corporation the sum of money

mentioned in the said conditions.

Contractor’s Signature

Name and Address

Dated Day of 2003

Signature of (Witness)

Name and Address

(Occupation)

Executive Engineer

Ulhasnagar Municipal Corporation,


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Conditions of the contract

Clause No.1. Security Deposit.

The person/s whose tender may be accepted (hereinafter called the Contractor. Which

expressions shall unless excluded by or repugnant to the context include his/her executors,

administrators and assign) shall (A) within 10 days (which may be extended by the

City/Executive Engineer concerned up to 15 days if the City/Executive Engineer thinks fit to

do so) of the receipt by him of the notifications of the acceptance of the tender deposit with the

Executive Engineer in cash or Govt. securities endorsed to the

Executive Engineer (if deposited for more than 12 months) of sum Sufficient which will made

up the full security deposit specified in Tender or (B) (Permit Govt. at the time of making any

payment to Him for work done under the contract to deduct such as will amount to percent of

all money so payable such deductions to be held in the event of contractor depositing a lump

sum by way of security deposit as contemplated at (A) above then and in such case. If the sum

so deposited shall not amount * to

Percent of this total estimated cost of the work, it shall be lawful for UMC, at the time to

making any payment to the contractor for the work done under the contract to make up the full

amount of percent by deducting a sufficient sum from every such payment as last aforesaid

until the full amount of the security deposit is made up. All compensation or other sums of

money payable by the contractor to UMC, under the terms of his contract may be deducted

from or paid by the sale of sufficient part of his security deposit or from the interest arising

there from, or from any sums which may be due to or may become due by UMC to the

contractor under any other contractor or transaction of any nature on any account whatsoever

and in the event of his security deposit being reduced by the reasons of any such deduction or

sale as aforesaid, the contractor shall within 10 days thereafter make good in cash or Govt.

securities endorsed as aforesaid any sum or sums which may have been deducted from or

raised by the sale of his security deposit or any part thereof. The security deposit referred to

when paid in cash may at the cost of the depositor be converted in to interest bearing security

provided that the depositor has expressly desired this in writing.

If the amount of the security deposit to be paid in a lump sum within the period specified at (a)

above is not paid the tender/contractor already accepted shall be considered as cancelled and

legal steps taken against the contractor for recover of the amount. The amount of security

deposit lodged by contractor shall be refunded after the defect liability prescribed in this tender

is over i.e. 5 years from the completion of works. The amount of security deposit retained by

the UMC, shall be released after expiry of the period up to which the contractor has agreed to

maintain the work in good order is over, in the event of the contractor failing or neglecting to

complete rectification work within the period up to which the contractor has agreed to maintain

the work in good order then, subject to provisions of clauses 17 & 20 here of the amount of

security deposit retain by UMC shall be adjusted towards the excess cost incurred by the

department on rectification work.

Clause 2. The time allowed for carrying out the work as entered in the tender shall be strictly

observed by the contractor and shall be reckoned from the date on which the order to

commence works is given to the contractor. The work shall through the stipulated


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period of the contract be proceeded with, with all due diligence

(time being deemed to be the essence of the contractor on the part of the contractor) and the

contractor shall pay as compensation and amount equal to one percent or such smaller amount

as the City Engineer (whose decision in writing shall be final) May decide. Of the amount of

the estimated cost of the whole work as shown by the tender for every day that the work

remains uncommenced or unfinished after the proper dates. And further to ensure good

progress during execution of the work, the contractor shall be bound in all cases in which the

time allowed for any works exceeds one month to complete.

(Note :- The quantity of the work to be done within a particular time to be specified above shall

be fixed and inserted in the blank space kept for the purpose by the officer competent to accept

the contracts after taking in consideration the circumstance of each case.) and abide by the

program of detailed progress laid down by Executive Engineer.

The following proportion will usually be found suitable :-

in 1/1 ½ ¾ of the time

Reasonable progress of earth work 1/6 ½ ¾ of the total value of the work to be done

Do. Do. Of masonry work. 1/10 4/10 8/10 Do. Do.

In the event of the contractor falling to comply with these conditions be shall be liable to pay

as compensation an amount equal to one per cent of such smaller amount as City Engineer

(Whose decision in writing shall be final ) may decide of the said estimated cost of the whole

work for every day that due quantity of work remains in complete provided always that the

total amount of compassion to be paid under the provisions of this clause shall not exceed 10

per cent of the estimated cost of the work as shown in the tender.

Clause 3: In any case in which under any clause of this contract the contractor shall

have rendered himself liable to pay compensation amounting to the whole of his security

deposit (whether paid in is one sum or deducted by installments) or in the case of

Abandonment of the work owing to serious illness or death of the

Contractor or any other cause the Executive Engineer on behalf of the UMC shall have power

to adopt any of the following courses, as he may deem beast suited to the interest of the UMC.

(a) To rescind the contract (for which rescission notice in writing to the contractor under

the hand of Executive Engineer shall be conclusive evidence and in that case the Security

deposit of the contractor shall stand forfeited and be absolutely at the disposal off.

(b) To carry out the work or any part of the work departmentally debiting the contractor

with the cost of the work, expenditure incurred on tools and plant and charges on additional

supervisory staff including the cost of work charged establishment employed for getting

unexecuted part of the work completed and crediting him with the rates as if it had been

carried out by the contractor under the terms of his contract. The certificate of the Executive

Engineer as to the costs and other allied expenses so incurred and as to the value of the work so

done departmentally shall be final and conclusive against the contractor.

(c) To order that the work of the contractor be measured up and to take such part there of

as shall be unexecuted, out of his hands and to give it to another contractor to complete, in

which case all expenses incurred on advertisement for fixing a new contracting agency

additional supervisory staff including the cost. Of work charged establishment and the cost of

the work executed by the new contract agency will be debited to the contractor and at the value

of the work done of executed through the new contractor shall be credited to the contractor in

all respects and in the same manner and at the same rates as if it had been carried out by the


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26

contractor under the terms of his contract. The certificate of the Executive Engineer as to all

the cost of the work and other expenses incurred as fore said for or in getting the unexecuted

work done by the new contractor and as to the value o the work so done shall be final and

conclusive against the contractor.

In case the contract shall be rescind under clause (a) above the contractor shall not be entitled

to remover or be paid, any sum for any work their to actually performed by him under this

contract unless & until the Executive Engineer shall have certified in writing the performances

of such work and amount payable to him in respect thereof and he shall only be entitled to be

paid the amount so certified. In the event of either of courses referred to in clause (b) or (c)

being adopted and the cost of the work executed departmentally or through a new contractor

and other allied expenses exceeding the value of such work credited to the contractors, the

amount of excess shall be deducted from any money due to contractor by UMC under the

contract or otherwise however, or from his security deposit or the sale proceeds thereof

provided, however that the contract shall have no claim against UMC even if the certified

value of the work done departmentally or through a new contractor exceeds the certified cost of

such work and allied expenses provided always the whichever of the three courses mentioned

in clause (a)(b)(c) is adopted by the Chief Officer the contractor shall have no claim to

compensation for any loss sustained by him by reasons of his having purchased or procured

any materials or entered in to any engagement, or made any advances on account of or with a

view of the execution of the work or the performances of the contract.

Clause 4. If the progress of the any particular portion of the work is progress of any

unsatisfactory the Executive Engineer shall not withstanding that the general progress

of the works is in accordance with condition mentioned in clause 2, be entitled to take action

under clause 3(b) after giving the contractor 10 day’s notice in writing, the contractor will

have no claim for compensation for any loss sustained by him . owing to such action.

Clause 5. In any case in which any of the powers conferred upon the Executive Engineer by

clauses 3 & 4 hereof shall have become exercisable and the same shall not have been exercised

the non acti exercise thereof shall not constitute a waiving of any of the under conditions

hereof and such powers shall not withstanding be exercisable in the event of any future case of

default by contractor for which under any clauses hereof he is declared liable to pay

compensation amounting to the whole of his security deposit and .liability of contractor for

past & future compensation shall remain unaffected in the event of the Executive Engineer

taking action under sub clauses (a)(c) of clause 3 he may if he so desires, take possession of all

or any tools, plant materials & stores in or upto the works or the site thereof or belonging to

contractor or procured by him and intend to be used for the execution of work or any part.

Thereof, paying or allowing for the same in account at the contract .rate or in the case of

contract rates not being applicable at current .market rate to be certified by Executive

Engineer whose certificate thereof shall be final in the alternative, the Executive Engineer may

after giving notice in writing to the contractor or his clerk of the work foreman or other

authorized agent require him to remove such tools plant materials or stores from the premises

within a time to be specified in such notice and in the event of contractor failing to comply

with any such requisition the Executive Engineer may remove them at the contractors expenses

or sell them by auction or private sale in account of the contractor and at his risk in all

respect and the certificate of the Executive Engineer as to the expenses of the such removal and

the amount of the proceeds and expenses of any such sale shall be final and conclusive against

the contractors.

Clause 6. If the contractor shall desire an extension on of time for completion of work on the

ground of his having been unavoidably hindered in its execution or on any other ground he


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shall apply in writing to the Executive Engineer, before the expiry of the period, stipulated in

the tender of before the expiration of 30 days from the date on which he was hindered as

aforesaid or on which the cause for asking for extension occurred, whichever is earlier and the

Executive Engineer if in his opinion there were reasons grounds for granting an extension grant

such extension as he thinks necessary or proper the decision of the Executive Engineer in this

matter shall be final.

Clause 7. On the completion of the work the contractor shall be furnished with a certificate by

the Executive Engineer (hereinafter called the Engineer-in-charge) of such completion but no

such certificate shall be given nor shall the work be considered to be complete until the

contractor shall be removed from the premises on which the work shall have been executed, all

scaffolding, surplus materials and rubbish and shall have cleaned off, the dirt from all

woodwork doors windows, walls, floor or other parts of any building in or upon which the

work has been executed or of which he may have had possession for the purpose of executing

the work not until the work shall have been taken measured by the Engineer-in-charge or

where the measurements have been taken by his subordinates until they have received approval

of the Engineer-In-charge the said measurements being binding and conclusive against the

contract if the contractor shall fail to comply with the requirements of this clause surplus

materials & rubbish and cleaning of dirt on or before the date fixed for the completion of work

the Engineer-in-charge may at the expenses of the contractor remove such scaffolding surplus

materials & rubbish and dispose of the same as he thinks fit and clean off such dirt as aforesaid

and the contractor shall forthwith pay the amount of all expenses so incurred, but shall have no

claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum

actually realized by the same thereof.

Clause 8. No payment shall be made for any work estimated to cost less than rupees one

thousands till after the whole of work shall have been completed and a certificate of

completion given but in the case works estimated to cost more than rupees one thousands, the

contractor shall on submitting a monthly bill therefore, be entitled to receive payment

proportionate to the part of the work then approved and passed by the Engineer-in-charge

whose certificate of such approval and passing of the sum so payable shall be final end

conclusive against the contractor. All such intermediate payments shall be regarded as

payments for work actually done and completed, and shall not preclude the Engineer-in-charge

from requiring any bad, unsound, imperfect or unskillful work to be removed or taken away

and reconstructed or re-erected not shall any such payment be considered as an admission of

the due performance of the contract or any part thereof in any respect or the accruing of any

claim not shall it conclude determine or effect in any other way the power of the Engineer-in-

charge as to the final settlement and adjustment of the accounts or otherwise in any other way

very or effect the contract. The final bill shall be submitted by the contractor within one month

of the date fixed for the completion of the work, otherwise the Engineer-in-charge’s certificate

of the measurement and of the total amount payable for the work shall be final and binding on

all parties.

Clause 9. The rates for several items of works estimated to cost more than Rs.1000/- agreed to

within shall be valid only when the item concerned is accepted as having been completed fully

in accordance with the sanctioned specifications, in cases where the items of work are not

accepted as so completed the Engineer-in-charge may make payment on account of such items

at such reduced rates as he may considered reasonable in the preparation of final or on account

bills

Clause 10. A bill be submitted by the contractor each month on or before date fixed by the

Engineer-in-charge for all works executed in the previous month and the Engineer-in-charge

shall take or cause to be taken the requisite measurements for the purpose of having the same


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verified and the claim so for as it is admissible shall be adjusted, if possible within 10 days

from the presentation of the bill, if the contractor does not submit the bill within the time fixed

as aforesaid the Engineer-in-charge may depute a subordinate to measure up the said work in

the presence of the contractor or his duly authorized agent whose countersignature to the

measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a bill

from such list which shall be binding on the contractor in all respects.

Clause 11. The contractor shall submit all bills on the printed forms to be had on application at

the office of the Engineer-in-charge. The changes to be made in the bills shall always be

entered at the rates specified in the tender or in case of extra work ordered in pursuance of

these condition, and not mentioned or provided for in the tender at rates hereinafter provided

for such work.

Clause 12. If the specification or estimate of the work provides for use of the any description

of materials to be supplied from the store of the department store or if it is required that the

contractor shall use certain stores to be provided by the Engineer-in-charge (such materials and

stores & the prices to be charged therefore as hereinafter mentioned being so far as practicable

for convenience of the contractor but not as so in any to control the meaning or effect of this

contract specified in the schedule or memorandum hereto annexed) the contractor shall be

supplied with such materials & stores as may be required from time to time to be used by him

for the purpose of the contract only and the value of the full quantity of the materials & stores

so supplied shall be set off or deducted from any contract sum then due to thereafter to become

due to the contractor under the contract or otherwise or from the security deposit or the

proceeds of sale thereof if the security deposit is held in securities the same or

sufficient portion thereof shall in that case be sold for the purpose. All materials supplied to

the contractor shall remain the absolute property of the Ulhasnagar Municipal Corporation and

shall on no account be removed from the site of the work and shall at all times to be open to

inspection by Engineer-in-charge. Any such materials unused and in perfectly good condition

at the time of completion or determination of the contract shall be returned to.

Department Stores, if the Engineer-in-charge so requires by a notice in writing given under his

hand, but the contractor shall not be entitled to return any such materials except with consent of

the Engineer-in-charge and he shall have no claim for compensation on account of any such

materials supplied to him as aforesaid but remaining unused by him or for any wastage in or

damage to any such materials.

Clause 12(A). All stores of controlled materials such as cement, steel etc. supplied to the

contractor by Ulhasnagar Municipal Corporation should be kept by the contractor under lock

and key and will be accessible for inspection by the Executive Engineer or his agent at all

times.

Clause 13. The contractor shall execute the whole and every part of the work in the most

substained and workmanlike manner and both as regards materials and every other respect in

strict accordance with specifications. The contractor shall also confirm exactly fully and

faithfully to the design drawing and instructions in writing relating to the work signed by the

Engineer-in-charge and lodged in this office and to which the contractor shall be entitled to

have access for the purpose of inspection at such office or on the site of work during office

hours. The contractor will be entitled to receive three sets of contract drawing and working as

well as one certified coy of the accepted tender along with work order free of cost.

Clause 14. The Engineer-in-charge shall have power to make any alterations or additions to

the original specifications drawings, design and instructions that may appear to him to be


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necessary or advisable during the progress of the work and the contractor shall be bound to

carryout the work in accordance with any instructions in this connection which may be given to

him in writing signed by the Engineer-in-charge and such alteration shall not invalidate the

contract and any additional work which the contractor may be directed to do in the manner

above specified as part of the work shall be carried out the contractor on the same conditions in

all respect on which he agreed to do the main work and at the same rates as are specified in the

tender for the main work. And if the additional and altered work included any class of work

for which no rates is specified in this contract then such class of work shall be carried out at the

rates entered in the schedule rates of division or at rates mutually agreed upon between the

Engineer-in-charge and the contractor whichever are lower, if the additional or altered work for

which no rates is entered in the schedule of rates of the division, as ordered to be carried out

before the rates are agreed upon them the contractor shall within 7 days of the date of receipt

by him of the order to carryout the work inform the Engineer-in-charge of the rates which is

enter on to charge for such class of work and if the Engineer-in-charge does not agree to this

rates he shall be notice in writing be at liberty to cancel his order to carryout manner as he may

consider advisable provided always that if the contractor shall commence work or incure any

expenditure in regards thereto before the rates shall have been determined as lastly herein

before mentioned then in such case he shall only be entitle to be paid in respect of the work

carried out or expenditure incurred by him prior to the date of determination of the rates as

aforesaid according to such rate/s as shall be fixed by the Engineer-in-charge. In the event of a

dispute, the decision of the Administrator/Commissioner will be the final.

Where, however, the work is to be executed according to the design, drawing, and

specifications recommended by the contractor and accepted by the competent authority the

alteration above referred to shall be within the scope of such design drawing and specifications

appended to the tender.

The time limit for the completion of the work shall be extended in the proportion that the

increase in its cost occasioned by alterations or additions to the cost of the original contract

work and the certificate of the engineer-in-charge as to the such proportion shall be conclusive.

Clause 15. If at any time after the execution of the contract documents the Engineer shall for

any reason whatsoever (other then default on the part of the contractor for which the UMC is

entitled to rescind the contract) desires that the whole or part of the work specified in the

tender should be suspended for any period or that the whole or part of the work should not be

carried out at all he shall give to the contractor a notice in writing of such desire and upon the

receipt of such notice the contractor shall forthwith suspend or stop the work wholly or in part

required after having due regards to the appropriate stage at which the work should be stopped

or suspended so as not to cause any damage or injury to the work already done or endanger the

safety thereof provided that the decision of the engineer as to the stage at which the work or

any part of it could be or could have been safely stopped or suspended shall be final &

conclusive against the contractor. The contractor shall have no claim to any payment or

compensation whatsoever by reasons by reason of or in pursuance of any notice as aforesaid,

on account of any suspension stoppage or curtailment except to the extent specified hereinafter.

2) Where the total suspension of the worked ordered as aforesaid continued for a

continuos period exceeding 90 days the contractor shall be at liberty to withdraw from the

contractual obligations under the contract so far as it pertains to the unexecuted part to the

work by giving a 10 days prior notice in writing to the Engineer within 30 days of the expiry of

the said period 90 days, of such intention and requiring the Engineer to record the final

measurement of the work already done and to pay final bill. Upon giving such notice to the

contractor shall be deemed to have been discharged from his obligation to complete the


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remaining unexecuted work under his contract. On receipt of such notice the Engineer shall

proceed to complete the measurements and make such payment as may be finally

Due to the contractor within a period of 90 days from the receipt of such

notice in respect of the work already done by the contractor. Such payment shall not in any

manner prejudice the right of the contractor to any further compensation under the remaining

provisions of this clause.

1) Where the Engineer required the contractor to suspend the work for period in excess of

30 days of any time or 60 days in the aggregate, the contractor shall be entitled to apply the

Engineer within 30 days of the resumption of work after such suspension of payment of

compensation to the extent of pecuniary loss suffered by him in respect of working machinery

rendered idle on the site or on the account of his having and to pay the salary or wages of

labour engaged by him during the said period of suspension provided always that the

contractor shall not be entitled to any claim in respect of any such working machinery, salary

or wages for the first 30 days whether consecutive or in the aggregate of such suspension or in

respect of any suspension whatsoever occasioned by unsatisfactory work or any other default

on his part. The decision of Engineer in this regards shall be the final and conclusive against

the contractor.

2) In the event of:-

i) Any total stoppage of work on notice from the Engineer under sub-clause (1) in

that behalf.

ii) Withdrawal by the contractor from the contractual obligations to complete the

remaining unexecuted work under sub-clause (2) on account of continued suspension of work

for a period of exceeding 90days.

iii) Curtailment in the quantity of item or items originally tendered on account of

any alteration omission or substitution in the specifications, drawing design or instructions

under clause 14(1) where such curtailment exceeds 25% in quantity and the value of the

quantity curtailed beyond 22% at the rate for the items specified in the tender is more than

Rs.5000/-

It shall be open to the contractor, within 90 days from the service of (i) the notice of stoppage

of work or (ii) the notice of withdrawal from the contractual obligations under the contract on

account of the continued suspension of work or (iii) notice under clause 14(1) resulting in such

curtailment to produce the Engineer satisfactory documentary evidence that he had purchased

or agreed to purchase materials for use in the contracted work, before receipt by him of the

notice of stoppage suspension or curtailment and require the action to take over on payment

such materials at the rates determined by the Engineer provided however, such rates shall in no

case exceed the rates at which the same was required by the contractor. The

shall thereafter take over the materials so offered provided the quantities

offered, are not in excess of the requirement of the unexecuted work as specified in the

accepted tender and or of quality and specifications approved by the Engineer.

Clause 15.A: The contractor shall not be entitled to claim any compensation from UMC in the

loss suffered by him on account of delay by UMC in supply of materials entered in Schedule A

where such delay is caused by

e. Difficulties relating to the supply of wagons.

ii. Force majeure.

iii. Act of God.

iv. Act of enemies of the state or any reasonable cause beyond the contract of.


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In the case of such delay in the supply of materials UMC shall grant such extension of time

limit for the completion of works as shall appear to the Executive Engineer be reasonable in

accordance with the circumstances of the case. The decision of the Executive Engineer as to

the extension of time shall be accepted as final by the contractor.

Clause 16. Under no circumstances whatever shall the contractor be entitled to and

compensation from UMC on any account unless the contractor shall have submitted a claim in

writing to the Engineer-in-charge within one month of the cause of such occurring.

Clause 17. Action and compensation payable in case of bad work.

If any time before the security deposit or any part thereof is refunded to the

contractor it shall appear to the Engineer-in-charge or his sub-ordinate in charge of the work,

that any work has been executed with unsound, imperfect or unskilled workmanship or with

materials of inferior quality, or that any materials or articles provided by him for execution of

the work are unsound, or of quality inferior to that contracted for or are otherwise not in

accordance with the contract it shall be lawful for the Engineer-in-charge to intimate this fact

in writing to the contractor and then not withstanding the fact that the work, materials or

articles complied or may have been in advertantly passed certified and paid for the contractor

shall be bound forthwith to rectify or remove and reconstruct the work so specified in whole or

in part as the case may require or if so required shall remove the materials or articles so

specified and provided other proper and suitable materials or articles at his own charges and

cost and in the event of his failing to do so within a period to be specified by the Engineer-in-

charge in written intimation aforesaid, the contractor shall be liable to pay compensation at the

rate of 1% on the amount of the estimate for every day not exceeding 10 days during which the

failure so continuos and in the case of any such failure the Engineer-in-charge may rectify or

remove and re-execute the work of remove and replace the materials or articles complained of

as of case may be at the risk & expenses in all respects of the contractor should be engineer-in-

charge consider that any such inferior work or materials as described above may be accepted or

made use of it shall be within his description to accept the same at such reduced rates as he

may fix therefore.

Clause 18. All work under or in course of execution or executed in pursuance of the contract

shall at all times be open to inspection and supervision of the Engineer-in-charge and his

subordinates and the contractor shall at all times during the usual working hours and all other

times at which reasonable notice of the intention of the engineer-in-charge and his subordinates

to visit the work shall have been given to the contractor either himself be present to receive

order and instruction or have a responsible agent duly a credited in writing present for that

purpose. Orders given to the contractors duly authorized agent shall be considered to have the

same force and effect as it they had been given to the contractor himself.

Clause 19. The contractor shall give not less than 5 day’s notice in writing to the Engineer-in-

charge or his subordinate in-charge of the work before covering up or otherwise placing

beyond the reach of measurement any work in order that the same may be measured and

correct dimensions thereof taken before the same is so covered up or placed beyond the reach

of measurement and shall not cover up or place beyond the reach of measurement any work

without the consent in writing of the Engineer-in-charge or his subordinate in-charge of the

work, and if any work shall be covered up or placed beyond the reach of measurement, or

without such notice having been or consent obtained the same shall be uncovered at the

contractors expenses, and in default thereof no payment or allowance shall be made for such

work or for the materials with which the same was executed.


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Clause 20. If during the period of months from the date of completion as certified by the

Engineer-in-charge pursuant to clause 7 of the contract in the opinion of the Engineer, the said

work is defective in any manner whatsoever the contractor shall forthwith on the receipt of

notice in that behalf from the engineer, duly commence execution and completely carry out at

his cost in every respect all the work that may be necessary for rectify and setting right the

defect specified therein including dismantling and reconstruction of unsafe portions strictly in

accordance with an in the manner prescribed and under the supervision of the Engineer. In the

event of the contractor failing or neglecting to commence execution of the said rectification

work within period prescribed therefore in the said notice or to complete the same as aforesaid

as required by the Engineer get the same executed and carried out departmentally or by any

other agency at the risk & account and at the cost of the contractor. The contractor shall

forthwith on demand pay to UMC the amount of such cost, charges, expenses sustained or

incurred by the UMC of which the certificate of the Engineer shall be final and binding on the

contractor such costs, chares & expenses shall be deemed to be arrears of land revenue and in

the event of the contractor failing or neglecting to pay same on demand as aforesaid without

prejudice to any other right and remedies of UMC the same may be recovered from the

contractor as arrears of land revenue. The UMC shall also be entitled to deduct the same from

any amount which may then be payable or which may there after become payable by the UMC

to the contractor either in respect of the said work or any other work whatsoever or from the

amount of security deposit retained by UMC.

Clause 21. The contractor shall supply at his own cost all materials (except such special

materials if any as may, in accordance with the contract be supplied from the UMC stores)

plant, tools, appliances, implements, ladders, cordage tackle scaffolding and temporary works

requisite or proper for the proper execution of the works, whether in the original altered or

substituted form, and whether included in the specifications or other documents forming part of

the contract or referred to in these conditions or not and which may be necessary for the

purpose of satisfying or complying with the requirements of the Engineer-in-charge as to any

matter as to which under these conditions he is entitled to be satisfied or which he is entitled to

require together with the carriage therefore to and from the work. The contractor shall also

supply without charge the requisite number of persons with the means and materials necessary

for the purpose of setting out work and counting weighting and assisting in the measurement or

examination at any time and from time to time of the work or the materials, failing which the

same may be provided the Engineer-in-charge at any expense of the contractor and the

expenses may be deducted from any money due to the contractor under the account or from his

security deposit or the proceeds of sale thereof or of a sufficient portion thereof. The

contractor shall provide all necessary fencing and lights required to protect the public from

accident and shall also be bound to bear the expenses of defense of every suit, action or other

legal proceedings that may be brought by any person or which may with the consent of the

contractor to paid for compromising any claim by any such person.

Clause 21.A. The contractor shall provide suitable scaffolds and working platforms gangways

and stairways and shall comply with the following regulations in connections herewith.

a) Suitable scaffolds shall be provided for workman for all works that can not be safely

done from the ladder or by other means.

b) A scaffolds shall not be constructed, taken down or substantially altered except.

i) Under the supervision of a competent and responsible person and

ii) As for possible by competent workers processing adequate experience in this

kind of work.

c) All scaffolds and appliances connection therewith and ladders shall

i) be of sound materials


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ii) be of adequate strength having regards to the loaders & strain to which they will

be subjected and

iii) be maintained proper conditions.

d) Scaffolds shall be so constructed that no part there of can be displace in consequence of

normal use.

e) Scaffolds shall not be over loaded and so far as practicable the load shall be evenly

distributed.

f) Before installing lifting gear on scaffolds special precautions shall be taken to ensure

the strength and stability of the scaffolds.

g) Scaffolds shall be periodically inspected by a competent person.

h) Before allowing a scaffolds to be used by his workman the contractor shall whether the

scaffolds has been erected by his workmen or not, taken steps to ensure that it complies fully

with the regulations herein specified.

i) Working platform, gangways, stairways shall:

i) be so constructed that no part thereof can sang unduly or unequally

iii) be so constructed & maintained having regard to the prevailing conditions as to

reduce as for as practicable risks of persons tripping or slipping and

iv) be kept free from any unnecessary obstructions.

j) In the case of working platform gangways, working places & stairways at a height

exceeding 25 meters (to be specified)

i) Every working platform and every gangways shall be closely boarded unless

other adequate measures are taken to ensure safety.

ii) Every working platform and gangways shall have adequate with an

iii) Every working platform gangways working place & stairways shall be suitable

fenced.

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

and to the extent required to allow the excess of persons or the transport or shifting of

materials, be provided with suitable means to prevent the fail of persons or materials.

l) When persons are employed on a roof where there is a danger of falling from a height

exceeding 25 meters suitable precautions shall be taken to prevent the fall of persons or

materials (to be prescribed).

m) Suitable precautions shall be taken to prevent persons being stuck by articles which

might fall from scaffolds or other working places.

n) Safe means of access shall be provided to all working platform and other working

places.

o) The contractors will have to make payment to the labourers as per minimum wages Act.

Clause 21.B. The contractor shall comply with the following regulations as regards the hoisting

appliance to be used by him:

a) Hoisting machines & tackle including their attachment, anchorage’s & support shall:

i) be of good mechanical construction, sound materials & adequate strength and

free from patent defect and

ii) be kept in good repair and in good working orders.

b) Every rope used in hoisting or lowering materials or as a means or suspension shall be

suitable quality & adequate strength and free from patent defect.

c) Hoisting machine & tackle shall be examines & adequately tested after erection on the

site & before use and be re-examined in position at intervals to be prescribed by the.

d) Every chain ring, hook shackle swivel and pulley block used in hoisting or lowering

materials or as a means of suspension shall be periodically examined.

e) Every crane driver or hoisting appliances operator shall be properly qualified.

f) No person who is below the age of 18 years shall be in control of any hoisting machine,

including any scaffolds which or give signals to be the operator.


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g) In case of the every hoisting machine & of every chain ring hold shackle swivel and

pulley block used in hoisting or lowering or as a means of suspension the safe working load

shall be ascertained by adequate means.

h) Every hoisting machine & all gear referred to in proceeding regulations shall be plainly

marked with the safe working load.

i) In the case of hoisting machine having a variable safe working load each safe working

load and the conditions under which it is applicable shall be clearly indicated.

j) No parts of any hoisting machine or of any gear referred to in regulations 7 above shall

be loaded beyond the safe working load except for the purpose of testing.

k) Motors, gearing transmission, electric wiring & other dangerous parts of hoisting

appliances shall be provided with efficient safeguards.

l) Hoisting appliances shall be provided with such means as will reduce to a minimum the

risk of the accidental descent of the load.

m) Adequate precautions shall taken to reduce to a minimum the risk of any part of a

suspended load becoming accidentally displaced.

Clause 22. The contractor shall not set fire to any standing jungle, trees, brush wood or grass

without a written permit from the Executive Engineer.

When such permit is given and also in all cases when destroying cut or dug up trees, brush

wood, grass etc. by the fire the contractor shall taken necessary measures to prevent such fire

spreading to or otherwise damaging surrounding property.

The contractor shall make his own arrangements for drinking water for the labours employed

by him.

Clause 23. Compensation for all damages done intentionally or unintentionally by contractor’s

labours whether in or beyond the limits Ulhasnagar Municipal Corporation, Ulhasnagar

property including any damages cause by the spreading such mentioned in clause 22, shall be

estimated by the engineer-in-charge or such other officer as he may appointed and the

estimates of the City Engineer/Executive Engineer/Engineer-in-charge subject to the decision

of the City Engineer or appeal shall be final and the contractor shall be bound to pay the

amount of the assessed compensation on demand, failing which the same will be recovered

from the contractor as damages in the manner prescribed in clause 1 or deducted by the

Engineer-in-charge from any sums that may be due to become due from the Ulhasnagar

Municipal Corporation to contractor under this contract or otherwise.

The contract shall be the expenses of depending any action or other legal proceedings that may

be brought by any persons or for injury sustained by him owing to neglect of precautions to

prevent the spread of fire and he shall pay damages and cost that may be awarded by the court

in consequence.

Clause 24. The employment of female labourers on works in neighbour hood or soldier’s

barracks should be avoided as far as possible.

Clause 25. No work shall be done on Sunday or specified holiday without the sanction in

writing of the Engineer-in-charge.

Clause 26. The contract shall not be assigned or sublet without the written approval of the

Engineer-in-charge, and if the contractor shall assign or sublet his contract, or attempt to do so,

or become insolvent or commence any proceedings to get himself adjudicated and insolvent or

make any compensation with his creditors or attempt so to do if bridge gratuity, gift, loan

perquisite reward or advantage pecuniary or otherwise shall either directly be given promised

or offered by the contractor or any of his servants or agents to any public officer or persons in

employ of in any way relating to his officer or employment or if any such officer or person


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35

shall become in any way directly or indirectly interest in the contract, the Engineer-in-charge

may thereupon by notice in writing rescind the contract and the security deposit of the

contractor shall thereupon stands forfeited and the absolutely at the disposal of UMC, and the

same consequence shall ensure as if the contract had been rescind under clause 3 thereof and in

addition the contractor shall not be entitled to recover or be paid for any work therefor actually

performed under the contract.

Clause 27. All sums payable by a contractor by way of compensation under any of these

conditions shall be considered as a reasonable compensation to be applied to the use of

without reference to the actual loss or damage sustained and whether any

damage his or has not been sustained.

Clause 28. In the case of the tender by partners, any change in the constitution of firm shall be

forthwith notified by the contractor to the Engineer-in-charge for his information.

Clause 29. All work to executed under the contract shall be executed under the directions and

subject co the approval in all respects of the City Engineer of the circle for the time being, who

shall be entitled to direct at what point or and in what manner they are to be commenced and

from time to time carried on.

Clause 30. Except where otherwise modified in the contract and subject to the powers

delegated to him by the Municipal Commissioner, under the code rules then in force the

decision of the City Engineer, Ulhasnagar Municipal Corporation for the time being shall be

the final, conclusive and binding on all parties to the contract upon all questions, relating to the

meaning of the specifications design, drawing, and instructions herein before mentioned and as

to the quality of workmanship or as to any other question claim right matter or things

whatsoever if any, arising out of, or relating to the contract or drawing specifications,

estimates, instructions orders or these conditions or otherwise concerning the works, or the

execution or failure to execute the same whether arising during the progress of the work or

after the completion or abandonment thereof. The clause is not on arbitration agreement. The

bidder may within 30 days of receipt of any order passed by the City/Executive Engineer,

UMC, as aforesaid, appeal against it to the Municipal Commissioner concern with the contract

or project. provided that:-

a) The accepted value for the bid exceeds Rs. 10.00 lakhs (Rupees Ten lakhs).

b) The amount of claim is not less than Rs. 100000/- (Rupees one lakh)

Clause 31. The contractor shall obtain from the Ulhasnagar Municipal Corporation,

Ulhasnagar stores all stores and articles or European or American manufacture which may be

required for the work, or any part thereof in making up any article required thereof or in

connection therewith unless he has obtained permission in writing from the engineer-in-charge

to obtain such stores and articles elsewhere. The value of such stores and articles as may be

supplied to the contractor by the engineer-in-charge will be debited to the contractor in his

account at the rates shown in the schedule, in form A attached to the contract and if they are

not entered in the said schedule they shall be debited to him at cost price which for the purpose

of this contract shall include the cost of carriage and all other expenses whatsoever which shall

have been incurred in obtaining delivery of the same at the stores aforesaid.

Clause 32. Where the estimates on which a tender is made includes lump sumps in respect of

parts of the work, the contractor shall be entitled to payment in respect to the items of work

involved or the part o the work in question at the same rates as are payable under this contract

for each item, or if the part of the work in question is not in the opinion of the Engineer-in-


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charge capable of measurement, the Engineer-in-charge may this discretion pay the lump sump

amount entered in the estimate, and the certificate in writing of the Engineer-in-charge shall be

final and conclusive against the contractor with regards shall be final and conclusive against

the contractor with regards to any sum or sums payable to him under the provision of this

clause.

Clause 33. In case on any class of work, for which there is not such specifications as is

mentioned in Rule 1 such work shall be carried out in accordance with the Divisional

specifications and in the event of there being no Divisional specifications then in such case the

works shall be carried out in all respects in accordance with all instructions and requirements

of the Engineer-in-charge.

Clause 34. The expression “works” or “work” where used in these conditions shall unless

there be something in the subject or contract repugnant to such constructions, be constructed to

mean the works contracted to be executed under or in virtue of the contract whether original

altered substituted or additional.

Clause 35. The percentage referred to in the tender shall deducted from added to the gross

amount of the bill before deducting the value of any stock issued.

Clause 36. All quarry fees, royalties, and ground rent for stocking materials, if any should be

paid by the contractor.

Clause 37. The contractor shall be responsible for and shall pay any compensation to his

workmen payable under the workmen’s compensation Act 1923 (VIII of 1923) (hereinafter

called the said Act) for injuries cause to the workman. If such compensation is payable paid by

UMC, as principal under subsection (1) of section 12 of the said at on the behalf of the

contractor it shall be recoverable by UMC, from the contractor under subsection 2 of the said

section. Such compensation shall be recovered in the manner laid down in the clause 1 above.

A) The contractor shall be responsible for and shall pay the expenses of providing medical

aid to any workman who may suffer a bodily injury as a result of any accident. If such

expenses are incurred by UMC, the same shall be recoverable from the contractor forthwith

and be deducted without prejudice to any other remedy of from any amount due or that may

become due to the contractor.

B) The contractor shall provide all necessary personal safety equipment and first aid

apparatus available for the use of the persons employed on the site and shall maintain the same

in condition suitable for immediate use at any time and shall comply with the following

regulations in connection therewith.

a. The workers shall be required to use the equipment so provide by the contractor and the

contractor shall take adequate to ensure proper use of the equipment those concerned.

b. When work is carried on in proximity to anyplace where there in a risk of drawing all

necessary equipment shall be provided and kept ready for use and all necessary steps shall be

taken for prompt rescue of any person in dangers.

c. Adequate provision shall be made for the prompt first-aid treatment of all injuries likely

to be substained during the course of the work.

C) The contractor shall duly employ with the provision of “the Apprentices Act 1962(III of

1986) the rules made thereunder and the orders that may be issued from time to time under the


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said Act and the said rules and on his failure or neglect to do so he shall be subject to all the

liabilities and penalties provided by the said Act and said rules”.

Clause 38. 1) Quantities shown in the tender are approximate and no claim shall be entertained

for quantities of work executed being either more or less than those entered in the tender or

estimates.

Quantities in respect of several items shown in the tender are approximate and no revision in

the tendered rate shall be permitted in respect of any of the items so long as subject to any

special provision contained in specifications prescribing a different percentage of permissible

variation on the quantity of the items does not exceed the tender quantity by more than 25%

and so long as the value of the excess quantity beyond this limit at the rate of item specified in

the tender is not more than Rs.5000/-.

2)“The contractor shall, if ordered in writing by the Engineer, so to do, also carry out any

quantities in excess of the limit mentioned in sub-clause (1) here of on the same conditions as

and in accordance with the specifications in the tender and at the rates (I) derived from the

rates entered in the current schedule of rates and in the absence of such rates (ii) at the rate

prevailing in the market the said rates being increased or decreased as the case may be by the

percentage which the total tendered amount bears to the estimated cost of the work as put to

tender based on the schedule of rates applicable to the year in which the tenders were invited (

for the purpose of operation of this clause this cost shall be taken to be worked out at the rates

of DSR in which year the tenders are invited.

3. Claims arising out of reduction in the tendered quantity of any item be beyond 24% will

be governed by the provision of clause 15 only when the such reduction beyond 25% at the

rates of item specified in the tender in more than Rs.5000/-

4. This clause is not applicable to extra items.

5. There is no change in the rate if the excess is more than 25 % of the tendered quantity, but

the value of the excess work at the tendered rates does not exceed Rs. 5000/-

Clause 39. The contractor shall employ any famine convict or other labour of the particular

kind or class if ordered in writing to do so by the Engineer-in-charge.

Clause 40. NO compensation shall be allowed for any delay caused in the starting of the work

on account of acquisition land or, in the case of clearance work, on account of any delay in the

according sanction to estimates.

Clause 41. No compensation shall be allowed for any delay in the execution of the work on

account of water standing in borrow, pits and compartments, the rates are inclusive for hard or

cracked soil, excavation in mud, sub soil, water standing in borrow, pits and no claim for an

extra rate shall be entertained, unless otherwise expressly specified.

Clause 42. The contractor shall not enter upon or commence any portion of work except with

the written authority and instruction of the engineer-in-charge or of his subordinates in charge

of the work, failing such authority the contractor shall have no claim to ask for measurements

of or payment for the work.

Clause 43. (i) No contractor shall employ any person who is under the age of 18 years.

ii) No contractor shall employ donkeys or other animals with breaching of sting or thin

rope. The breaching must be at least three inches wide and should be of tape (nawar).

iii) No animal suffering from scores: lameness or emaciation or which is in-mature shall

be employed on the work.

iv) The Engineer-in-charge or his agent is authorized to remove from the work any person

or animal found working which does not satisfy these conditions & no responsibility shall be


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accepted by Ulhasnagar Municipal Corporation, Ulhasnagar for any delay caused in the

completion of work by such removal.

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

in the contract undertaken by him. In the event of any dispute arising between the contractor

and his workman on the ground that the was paid are not fair & reasonable, the dispute shall be

referred without delay to the Executive Engineer who shall decide the same. The decision of

the Executive Engineer shall be conclusive and binding on the contractor but such decision

shall not in any way, affect the conditions in the contract regarding the payment to be made by

at the sanctioned tender rates.

vi) Contractor shall provide drinking water facilities to the workers similar amenities shall

be provided to the workers engaged on large work in urban areas.

vii) All facilities provided in the contract labour (Regulations & abolition Rules 1971)

should be provided.

Clause 44. Payment to contractor shall be made cheque drawn on any Bank within the UMC

Limits convenient to them provided the amount exceeds Rs.100/- amount not exceeding

Rs.100/- will be paid in cash.

Clause 45. Any contractor who does not accept these conditions shall not be allowed to tender

for the works.

Clause 46. If Corporation declares a state of scarcity of famine to exist in the any village

situated within 10 miles of the work, the contractor shall employ upon such parts of the work,

as are suitable for unskilled labours any person certified to him by the Executive Engineer, or

to be any person to whom the Executive Engineer may have delegated this duly in writing to be

in need of relief and shall be bound to pay to such person wages not below the minimum which

may have fixed in this behalf any dispute which may arise in connection with the

implementation on this clause shall be decided by the Executive Engineer whose decision shall

be the final and binding on the contractor.

Clause 47. The price quoted by the contractors shall not in any case exceed the control price, if

any fixed by UMC or reasonable price which it is permissible for him to charge a private

purchaser for the same class and description the controlled price or the price or the price

permissible under hoarding and profiteering ordinance. 1928 as amended from time to time, if

the price quoted exceeds the controlled price or the price permissible under hoarding &

profiteering prevention ordinance. This discretion will be exercised without prejudice to any

other prejudice to any other action that may be taken against the contractor.

Clause 47A. The tendered rates shall be inclusive of all taxes and shall also be inclusive of the

Tax livable in respect of work contract under the provision of the Maharashtra Sales Tax in

Transfer of property or goods involved in the execution of works contract Act 1985

(Maharashtra Act No. XIX of 1985).

Clause 48. The rates to quoted by the contractor must be inclusive of sales tax, no extra

payment on this account will made to the contractor.

The rates to quoted by the contractor must be inclusive of sales tax, no extra payment on this

account will made to the contractor.

Clause 49. In case of materials that may remain surplus with the contractor from those issued

for the work contracted for, date of ascertainment of the materials being surplus will be taken

as the date of sale for the purpose of sales tax & the sales tax will be recovered on such sale.


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Clause 50. The contractor shall employ at least 80% of the total number of unskilled labours

to be employed by him on the said work from out of the persons ordinary residing in the

district in which site of the work is located.

Provided, however, that if the required number of unskilled labours from that district is not

available, the contractor shall in the first instance employ such number of persons as is

available and thereafter may with the previous permission in writing of the Executive

Engineer-in-charge of the said work, obtain the rest of requirement of unskilled labours from

out side district.

Clause 51. Wages to the skilled and unskilled labourers engaged by the contractors.

The contractor shall pay the labourers skilled & unskilled according to the wages prescribed by

the minimum wages Act applicable to the area in which the work of the contractor is in

progress.

Clause 52. All amount whatsoever which the contractor is liable to pay to Municipal

Corporation, in connection with the execution of the work including the amount payable in

respect of (I) materials and/or stores/supplied/issued here under by the Municipal Corporation

to the contractor (ii) hire charges, in respect of heavy plant, machinery and equipment given on

hire, by the Municipal Corporation to the contractor for execution by him of the work and /or

on which advances have been given by the Corporation to the contractor shall be deemed to be

arrears of Land Revenue and the Corporation may without prejudice to any other rights and

remedies of the Corporation recover the same from the contractors as arrears of revenue.

Clause 53. The contractor shall duly employ with all the provisions of the contract labour

(Regulations & Abolition) Act 1970 (37 of 1970) and the Maharashtra contract labour

(Regulation & abolition) Rules, 1971, as amended from time to time and all other relevant

status and statutory provision concerning payment of wages particularly to workman employed

by the contractor and working on the site of work. In particulars the contractor shall pay wages

to each worker employed by him on the site of work at the rates prescribed under the

Maharashtra contractor labour (Regulations & Abolition) Rules 1971, if the contractor fails or

neglects to pay wages at the said rates or makes short payment and the Corporation makes such

payment of wages in full or part thereof less paid by the contractor as the case may be amount

so paid by the corporation to such workers shall be deemed to be arrears of land revenue and

the Corporation shall be entitled to recover the same as such from the contract or deduct the

same from amount payable to the Corporation to the contract hereunder or from any other

amount/s payable to him by the Ulhasnagar Municipal Corporation, Ulhasnagar. Insert vide

Govt. PWD Circular No. CAT 1284 (120) Building Dt. 14.8.1985, Accompaniments to the GR

PWD NO. BGD 1979/64188 (358) Desk-2 Dt. 4.2.1981.

Clause 54: The contractor shall comply with the provisions of the Apprentices Act 1967 and

the rules and orders issued there under from time to time if he fails to do so this failure will be

breach of the contractor and the City Engineer may in his discretion cancel on contract. The

contractor shall also be liable for any precunlary liability arising any violation by him of the

provisions of the Act.

Clause 55. Govt. of Maharashtra PWD Resolution No. CAT-1086/ CR-243/K/Bldg. Dated

11.8.1987.

Clause 56. The contractor shall engage apprentices such as Brick, layer, carpenter, wiremen,

Plumber as well as blank smith recommended by the State Apprenticeship Advisor, Director of

Technical Education, Dhobi Tower, Mumbai 400001, in the contraction work (As per Govt. of

Maharashtra, Education Dept. circular NO. TSA/5170/T/56689, Dated 7.7.1972.


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Clause 57: Maharashtra Act XIX of 1985 turnover of Tax.

The tendered rates shall be inclusive of all taxes, rats & ceases and shall also be inclusive of

the tax available in respect of works contract under the provision of the Maharashtra sales tax

on transfer of property in goods involved in the execution of works contract Act 1985,

(Maharashtra Act XIX of 1985)

CONDITIONS OF MALERIA ERADICATION, ANTI-MALERIA & OTHER HEALTH

MEASURES:

a) The anti-maleria & other health measures shall be taken by the contractor and directed

by the joint Director (Malaria and filarial) of Health services Pune.

b) Contractor shall see that mosquotogenic conditions are not created so as to jeep vector

population to minimum level.

c) Contractor shall carry out anti malaria measures in the area as per guidelines prescribed

under national malaria Eradication program and as directed by the Joint Director

(M&F) of health services Pune.

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

in malaria incidence, contractor shall be liable to pay the amount spent on anti malaria

measures to control the situation in addition to fine.

e) Relations with public authorities: The contractor shall make sufficient arrangement

for draining away the sewerage water as well as water coming from bathing and

washing places and shall dispose of this water in such a way as not cause any nuisance.

He shall also keep the premises clean by employing sufficient number of sweepers.

The contractor shall comply with all rules regulations, by laws and directions given

from time to time by the local or public authority in connection with this work and shall

pay fees or charges which are leviable on him without any extra cost.


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DECLARATION OF THE CONTRACTOR

I / We, hereby declare that I / We have made myself/thoroughly conversant with the sub-soil

conditions, local conditions, under ground utilities and regarding all materials (such as stone

murum, sand source, of water etc. ) and labour of which I/we, have based my/our rates of this

work. The specifications, conditions, bore results and lead of materials on this work have been

carefully studied and understood by me /us before submitting this tender. I/We undertake to

use only the best materials approved by the Engineer-in charge, Ulhasnagar Municipal

Corporation Ulhasnagar or his duly authorized assistant before stating the work and to abide by

his decision.

Signature of Contractor(s)


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SCHEDULE A

Schedule showing (approximately) the materials to be supplied from the departmental stores

for the works contracted and ancillary works to be executed and the rates at which they are to

be charged for:

Particulars Quantity Unit Rates at which the materials

will be charged to the

contractor

Place of

Delivery.

In figures In words

Note:

1 The person or firm submitting the tender should see that the rates in the above

schedule are filled up by the Engineer in charge on issue of the form prior to the

submission of the tender.

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

for further materials and furnish full account of all the materials to the Ulhasnagar

Municipal Corporation, Ulhasnagar. If any materials remain unused with the

contractor, he should return the same to the UMC, Ulhasnagar in the event of the

non-return of such materials, recovery at penal rates of twice the issued rate with ST

& GT will have to be affected from the contractor.


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