THANE MUNICIPAL CORPORATION, THANE

CONTRACTOR NO. OF CORRECTIONS City Engineer TMC Thane

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THANE MUNICIPAL CORPORATION, THANE

PUBLIC WORKS DEPARTMENT

NAME OF WORK: Construction of Remaining minor bridges/culverts at various

locations over nalla on Ghodbunder road in Thane Municipal

Corporation limit Under MMRDA Funding. Issued to:

Date:

Payment Receipt No.:

Sd/-

City Engineer

Thane Municipal Corporation, Thane


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Corporation limit Under MMRDA Funding..

ESTIMATED COST : Rs. 4,44,61,970/-

Issued to:

M/s______________________________________________________________________________


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C O N T E N T S



Corporation limit Under MMRDA Funding. .Chapter Description Page No.

From To

1. Tender Notice 4 6

I Detailed tender Notice and guidelines for submission of tender 7 19

II General Conditions 20 27

III Additional General Conditions and Specifications 28 43

IV Special conditions of contracts 44 61

V General Description of work 62 72

VI Declaration of the Contractors 73 73

VII a) Percentage rate tender form (B-1)

74 101 b) Conditions of Contract form B-1

c) Schedule ‘A’

VIII Schedule ‘B’ 102 116

IX Technical specifications 117 128

Annexure I

Form I

Form II

Form III

129 131

Annexure II

Form of Bank Guarantee Bond for security Deposit

Form of Agreement 132 135

Annexure III No Demand Certificate

No Claim Certificate 136 137

Annexure IV Drawings


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THANE MUNICIPAL CORPORATION (Public Works Department)

TENDER NOTICE Thane Municipal Corporation invites tender in E-Tender system for Construction of Remaining

minor bridges/culverts at various locations over nalla on Ghodbunder road in Thane

Municipal corporation limit Under MMRDA Funding. from contractors who are registered

with Indian Railways/Central PWD/ State PWD / BMC/ other Government Departments or

Undertaking in appropriate class and experience criteria as given in detail Tender Notice. Blank

tender papers can be downloaded from the web site of TMC, www.thanecity.gov.in and

www.eprocurment.synise.com/tmc from 03.10.2015 to 27.10.2015 up to 16.00 hrs. Online

tenders shall be received on up to 16.00 hrs. on or before 27.10.2015 and will be opened on

27.10.2015 at 16.30 pm. if possible in the presence of the willing contractors or their

representatives.

Sd/- City Engineer,

Thane Municipal Corporation, Thane .

TMC/PRO/Advt/…/2015-16 Dt: …/10/2015


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THANE MUNICIPAL CORPORATION, THANE. PUBLIC WORKS DEPARTMENT

On-line percentage basis tenders are invited for : Construction of Remaining minor

bridges/culverts at various locations over nalla on Ghodbunder road in Thane

Municipal Coporation limit Under MMRDA Funding from appropriate Contractors who

are registered with Central Government / State Government/ Public Sector Undertaking

/Corporation. The blank tender forms can be downloaded from the websites of TMC

www.thanecity.gov.in and www.eprocurment.synise.com/tmc from 03.10.2015 to 27.10.2015

upto 16.00 Hrs. On line tenders shall be received on the website www.thanecity.gov.in and

www.eprocurment.synise.com/tmc upto 16.00 hrs on or before 27.10.2015 and will be opened

on the same day at 16.30 hrs if possible.

1) Name of work: Construction of Remaining minor bridges/culverts at various

locations over nalla on Ghodbunder road in Thane Municipal Corporation

limit Under MMRDA Funding. 2) Class of Registration:- Class 2 and above

3) Estimated Cost (Rs): Rs. 4,44,61,970/-

4) Cost of blank tender form: Rs. 10,596/-

(Including E-Tendering charges)

5) Earnest Money (Rs): Rs. 4,44,620/-

6) (a) Initial security deposit will be 2% of accepted cost.

(b) The balance Security Deposit of 3% of accepted cost will be recovered from the

Running Accounts Bills @10 % of Gross value of the Bill.

7) Validity period will be 180 days from the date of opening of tender.

8) Contractor shall submit Registration Certificate in appropriate category


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9) Contractor shall have successfully completed work of RCC /pre-stress flyover

or minor bridge /Culvert for Vehicular Traffic –

a ) One work costing not less than 80% the cost put to tender

or

b) Two works costing not less than 50% the cost put to tender

or

c) Three works costing not less than 40% the cost put to tender

in Seven years ending last day of month previous to the one in which

tenders are invited.

10) Average Annual Turnover of last three years should not be less than 75 % the cost

put to tender.

11) Deleted

12) The Time Period for Completion of Work is 12 Month excluding monsoon

13) The Defect Liability Period of structural work will be 60 Months

14) The tender document is available on website of TMC, www.thanecity.gov.in and

www.eprocurment.synise.com/tmc For other detail regarding online tendering contact

Citizen Facilitation Centre (CFC) Ground floor, Mahapalika Bhavan, Dr.Almeda

Road, Panchpakhadi, Thane(W) 400602.

15) Municipal Commissioner, TMC, Thane reserves the rights to accept the tender in full

or in part or reject any or all tenders without assigning any reason.

16) If any queries regarding tender, contact in the office of Executive Engineer (Project)

TMC, Thane.

City Engineer, T.M.C.,Thane


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THANE MUNICIPAL CORPORATION, THANE

PUBLIC WORKS DEPARTMENT

CHAPTER - I

DETAILED TENDER NOTICE AND GUIDLINE FOR SUBMISSION OF TENDERS

1. INVITATION: Thane Municipal Corporation Invites percentage rate

tender in E- Tender system for the work of Construction of Remaining

minor bridges/culverts at various locations over nalla on Ghodbunder road in

Thane Municipal Corporation limit Under MMRDA Funding. 2. INVITATION:

2.1 Tenders hereunder are being invited in accordance with competitive bidding

procedures of Thane Municipal Corporation, Thane.

2.2 All bidders are cautioned that tenders containing any deviation from the

contractual terms and conditions specifications or other requirements are

liable to be rejected as non responsive.

2.3 All tenderer should submit a written request in at the office of City Engineer,

Thane Municipal Corporation, Thane on matters where clarification or

additional information is desired.

3. DESCRIPTION OF PROJECT:

Thane Municipal Corporation has undertaken the widening of Service road on both side of Ghodbunder road. For this road, all culvert/minor bridges coming between have to be constructed.

4. ELIGIBILITY AND QUALIFICATION REQUIREMENTS:

1. The Contractors who have already registered in class II and above category of

P.W.D of Government of Maharashtra or Equivalent for carrying out Road

works. They should submit a certificate showing the same attested by rank not

less than an Executive Engineer.


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2) Contractor shall have successfully completed work of RCC /pre-stress

flyover or minor bridge / Culvert for Vehicular Traffic –

a ) One work costing not less than 80% the cost put to tender

or

b) Two works costing not less than 50% the cost put to tender

or

c) Three works costing not less than 40% the cost put to tender

in Seven years ending last day of month previous to the one in which

tenders are invited.

3) Contractor shall submit Registration Certificate in appropriate category

4) Average Annual Turnover of last three years should not be less than 75 % the

cost put to tender.

5) Joint Venture Allowed

5. ISSUE OF BLANK TENDER FORMS

i) Blank tender will be available on website www.thanecity.gov.in and

www.eprocurment.synise.com/tmc from 03.10.2015 to 27.10.2015 upto 16.00

Hrs

ii) All tenders are cautioned that the tenders containing any deviation from the

contractual terms and conditions, specifications and other requirements and

conditional tenders will be rejected.

6. PERIOD OF COMPLETION: The period of completion shall be 12 calendar months excluding monsoon

from the date of order to proceed with the work.

7. EARNEST MONEY:

i) The amount of Earnest Money is Rs.4,44,620/- (Rs. Four lack Thirty

Nine Thousand Seven Hundred only) And the amount of tender form fee

Rs.10000/- ,e –tendering charges Rs.96/- and VAT Rs.500/-, The total


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amount comes to Rs 10596/- (Rupees Ten Thousand Five hundred Ninty

Six only).

On line receipt for the payment of Earnest money, Tender Form Fee,E Tendering

charges and VAT of Rs.04,55,216/- (Indian Rupees Four lack Fifty Five

Thousand Two hundred Sixteen only) should be uploaded with the tender

document along with technical bid. The payment shall be done as described below.

Bid Processing Fee including e-tendering charges and VAT shall be payable through

one of the following modes ONLY:

1. Net-Banking

2. Debit Card

3. Credit Card

4. RTGS / NEFT.*

.* For paying the Document Fees / EMD through the option (4) RTGS / NEFT,

please follow the below process:

1. Please mention the following details while making the RTGS/NEFT

payment from your Bank:

(a) Beneficiary account number - <TMCS+Bidder Code> For example, in case

your Bidder Code is 123, kindly mention TMCS123 as the beneficiary

account number.

(Bidder code shall be available through the E-Tendering portal)

(b) Beneficiary bank branch - ICICI Bank LTD. CMS, EMPIRE

COMPLEX,LOWER PAREL, MUMBAI 400 013

(c) Beneficiary IFSC code - ICIC0000104

2. One day after making the payment, please log in to our portal. While making

payment for Document Fee / EMD, please select the RTGS/NEFT payment option at

the document fee/ EMD payment screen. Upon doing so, you shall be able to view

the funds remitted by you through NEFT/RTGS as available balance.

3. Please proceed to make the payment. Upon doing so, the required amount to be

paid through the Document fee/EMD, shall get appropriately deducted from the

available balance and payment shall be confirmed real time.


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4. A receipt number would also get generated after successful payment.

5. Kindly note that the payment is required to be made one day before you would like

to make the document fee/EMD payment through our portal.

Please get in touch with e-procurement support team in case any clarification is

required

(Note for Contractors/ Bidders :

It will be solely upon the bidder’s choice to select any of these payment options best

suited to him. It is understood that the bidder is aware of the payment cycle and other

technical requirements/ payment process under each of these modes. It is bidder’s

responsibility to see that the amount of EMD & cost of Blank Tender Form (BTC)

are credited (in case of payment by NEFT/RTGS, the payment referred herein above

may not mean final submission of EMD/BTC etc to TMC. The EMD/BTC etc shall

be paid/ credited to TMC only when the bidder completes the Tender Document and

other formalities online and submits the Tender), in the e-Tender System well before

the scheduled time and date, to be able to proceed with final submission of his

Tender along with the EMD & BTC to TMC. TMC will not be responsible for any

failure on part of the bidder in submission of the Tender and/or the EMD/BTC etc.

before scheduled time and date, for any reason whatsoever, including, inter-alia,

noncredit of said amounts of EMD/ cost of Blank Tender Form, and therefore no

claims shall be entertained on these grounds

Under this online payment system for e-Tendering the Tenders will not be submitted/

received by TMC unless the EMD & Cost of Blank Tender are received/ credited

before scheduled time and date. Hence, bidder shall remit the said amount well in

advance. It is clarified that the Tenders – both Technical and Financial – will not be

considered for opening if EMD and BTC are not received/ credited before schedule

time and date, for any reason whatsoever.

ALERT:-For the RTGS/NEFT payment option, considering that the payments are

settled by RBI in batches, it is advisable that the bidder completes the leg of transfer of

funds, from his bank account to his own User Account in the e-Tendering system, one

day before his desired day of submitting his Tender to TMC.)

EMD must be deposited in the manner as described above only.


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The EMD will be accepted only in the form mentioned above. Earnest Money

in the form of Cheque or any other Mode than prescribed above will not be accepted.

Tenders of those contractors who do not deposit Earnest Money in one of the above

accepted form shall be summarily rejected.

Tender not accompanied by an Earnest Money Deposit are liable to be

rejected as non responsive. If during the tender process & tender validity

period, the tenderer withdraws his tender, the Earnest money deposit shall be

forfeited and the tenderer may be disqualified from tendering for further

works in the Thane Municipal Corporation, Thane for the period of one year.

iii) The Earnest Money Deposit will be returned to the unsuccessful tenderer’s

immediately after issue of work order to successful Tenderer or at expiry of

validity period if Tenderer do not wish to extend validity period. Tenderer to

note that EMD of all those tenderer’s beyond three qualified lowest, will be

refunded within 90 days. A written request to this will be made by Tenderer.

The earnest money deposit of the successful Tenderer shall be returned after

he finishes initial security deposit and duly enters into contract.

iv) Within fourteen days from the date of receipt by him of the letter of having

acceptance of his tender, the successful Tenderer shall furnish the required

Initial Security Deposit and attend the office of the Executive Engineer,

Thane Municipal Corporation, Dr. Almeida Road, Panchpakhadi Thane (w)

for execution of the contract document. If the successful Tenderer fails to

furnish Security Deposit or to execute the contract his earnest money deposit

shall be forfeited and the Tenderer may be disqualified from tendering for

further works in the Thane Municipal Corporation, Thane.

8 LANGUAGE OF TENDER: The tenders shall be submitted in the prescribed forms in “English” language only.

Language for communication may be Marathi/ English.

9 TENDER VALIDITY PERIOD : Validity of the offer will be 180 days from the date of opening of tender documents

and thereafter unless extended if required to do so, to this consent will be taken from

tenderer’s who wish to do so.


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10. OPENING OF TENDERS:

Tenders will be opened by the Executive Engineer, Thane Municipal Corporation, at

16.30 hrs. On 27.10.2015 if possible in the presence of tenderer’s or their

representatives who choose to remain present. The Tenderer or their representatives,

who are present, shall sign the register in token of their attendance.

11. WHOM TO CONTACT : The City Engineer, Thane Municipal Corporation, Thane may be contacted for any

further information on the tender.

12. THE TENDER ACCEPTING AUTHORITY : The acceptance of tender vests with the Municipal Commissioner of Thane

Municipal Corporation, Thane who reserves the right to reject any or all tender

without assigning any reason there of. The award of the contract shall be at the

discretion of the tender Accepting Authority.

13. SECURITY DEPOSIT:

The successful Tenderer whose tender is accepted will have to pay the initial Security

Deposit of 2% of accepted cost in the form of cash or Bank Guarantee (in the form

prescribed by the Thane Municipal Corporation, Thane on Stamp Paper Specimen

form is enclosed in the tender Documents) for the entire period of contract, including

defect liability period of 60 months as per Para 7(IV) above for structural work and

24 months for non-structural work etc complete the contract agreement. The BG

should be of a Nationalized Bank only. The balance Security Deposit 3% of accepted

tender cost will be recovered from the Running Accounts Bills @ 10 % of Gross

value of the Bill.

13A Additional Security Deposit:- In case accepted rates of tenders is less than 10% of

the cost put to tender, then additional Security of 2% for every 5% decrease in the

quoted rate will have to be paid by the tenderer. This entire amount will be submitted

along with the Initial Security Deposit in the form of cash or Bank Guarantee and

will be retained till the Defect Liability Period.


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13.1 REFUND:

Security Deposit will be refunded after completion of Defect Liability Period of Sixty months for structural work and twenty four months for non structural work. One year after issue of completion certificate to contractor, if contractor desires,

he can convert entire Security Deposit into Bank Guarantee for the period of Defect

Liability. After successful completion of defect liability period contractor will have

to request in writing for release of whole Security Deposit.

14. TENDER DOCUMENTS :

14.1 Contents of Tender Documents

A set of tender documents issued for the purpose of tendering shall comprise of

• Notice Inviting Tender

• Detailed Tender Notice.

• General Conditions & Additional Conditions of Contract.

• Special conditions of contract.

• Description of work

• Technical Specifications

• Form of Bank Guarantee in lieu of Security.

• Declaration of Contractor.

• Agreement Form ‘B- 1’

• Schedule ‘A’ and conditions governing Supply of materials as per Schedule

‘A’ of the Tender.

• Schedule ‘B’ and Item wise Specifications and Drawings.

14.2 The Tenderer is deemed to have examined carefully all instructions, conditions,

forms, terms, technical specifications, Schedule ‘B’ and Drawings in the tender

documents. Failure to comply with the requirements of tender submission shall be at

the tenderer’s own risk. Tenders which are not substantially responsive to the

requirement of the tender documents are liable to be summarily rejected.

14.3 The Tenderer shall submit only an unconditional offer which complies fully with the

requirements of the tender documents.


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14.4 All tenderer’s are cautioned that no alternative or conditional offers, variations or

deviations by the tenderer’s in respect of any item proposed by the tenderer’s shall be

entertained or considered further in the process of tender evaluation. Further more,

any deviation from the conditions of tender or technical specifications or other

requirements stipulated in these tender documents shall be summarily rejected as non

responsive.

14.5 The data furnished in the tender documents are only by way of general information

and the department will not entertain any claims due to variation from this data or for

any expenses incurred by the Tenderer in this connection. The Tenderer shall

himself obtain all necessary information as to risk and costs and other circumstances

which may affect or influence this tender. No extra charges consequent on any

misunderstanding or, otherwise shall be allowed.

14.6 At any time prior to the deadline for submission of tenders the City Engineer, Thane

Municipal Corporation, Thane, may for any reason whether at his own initiative or in

response to a clarification requested by a prospective Tenderer modify the tender

documents by the issuance of an Addendum/corrigendum.

14.7 The addendum will be binding upon them irrespective of whether the prospective

tenderer’s acknowledge receipt of the same or not.

14.8 In order to afford prospective tenderer’s reasonable time to take the Addendum/

corrigendum into account for the preparation of their tenders, the City Engineer,

Thane Municipal Corporation, Thane at his discretion extend the deadline for the

submission of tenders.

TECHNICAL BID (Submitted as per E-Tendering procedure) : The tenderer shall submit the following documents in Envelope-1 on line.

15.1.1 Earnest money deposits challan Rs.4,44,620/- and tender document fees of

Rs.10,596/- along with the tender should be deposited on-line as per E-tendering

procedure.

Dept.Code : 1000 Function Code : 250 Budget Code : 413316

15.1.2 Attested Copy of valid certificate as a registered Contractor with the central

Government/ State Govt/ public undertaking/ Corporation in appropriate category

mentioned in tender notice for doing road works.


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15.1.3 All documents pertaining to eligibility and qualification criteria (as mentioned in

Clause no 4 )should be serially numbered as indicated in notice inviting tender.

Original document shall be produced at the time of opening of the tender for the

verification by Engineer in charge of TMC.

15.1.4 Document showing Average Annual Turnover of last three years should not be less

than 75 % of the cost put to tender.

15.1.5 List of Machinery and Plants for working (as per form IV) in possession with the

tenderer. List of plant and machinery tenderer shall be using for this work.

15.1.6 Details of Technical Personnel on the Rolls of the Tenderer (Form-III) to be

appointed on the work.

15.1.7 Details of other works Tendered for and in hand with value of unfinished works on the date of submission of this Tender. Tenderer shall also produce a year-wise list of works carried out during the last 5 financial years.

15.1.8. The tenderer shall submit the declaration duly signed by authorized signatory, as mentioned in Chapter VI on his own letter, showing clearly the contact number and communication address.

15.1.9. The tenderer shall submit all the documents duly numbered and with a index page at the start of technical bid.

15.1.10 Joint Venture Allowed

In case of JV firm the registered partnership deed should be irrevocable till the

completion of work for which they have combined and till all the liabilities

therefore are liquidated and the same of the tenderer of the higher category

should be more than 50%, Further, the percentage share of the tenderer of the

lower category in such a partnership / combination, should not be more than

his limit of the eligibility to quote for works divided by the estimated cost of

the work put to tender (i.e. when such a percentage is applied to the cost of the

work, his share of cost should not exceed his own eligibility limit of tendering

for works) In case of JV all the JV partener shall be registered tenderers and

registered JV deed should be registered from Registrar of firms, Maharashtra

state. It is necessary to enclose the registration certificates of joint venture firm

with the Registrar of the Firm or the receipt of payment made to Registrar of

the Firm account of fees toward joint venture,


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firm then only prequalification application will be considered. These (L-1)

tender who have submitted receipts of J.V. at the there of submission shall

furnish In lowest the registration certificates of joint venture from the Registrar

of the Partnership Firm Maharashtra State before issuing work order. The

address of registration of firms are as tender.

Department of Register of firms has 4 offices in Maharashtra situated at

Mumbai, Pune, Nagpur and Aurangabad. The address of offices are as follow.

1) Registrar of firms, Maharashtra State, Mumbai.

New AdministativeBuilding, 6th Floor, Near Chetna College, Govt. Colony, Bandra(E), Mumbai 400051.

2) Assistant Registrar of firms, Pune

Survey No. 47/30, Sarswati parvati Bhavan, 2nd floor, Behind Lokesh Hotel, Arnyshwar Corner, pune Satara Road, Pune 411009 Ph. No. 95250-24221808.

3) Assistant Registrar of Firms, Nagpur.

118, old Sachivalay Building, Civil Lines, Nagpur 440001. Ph.No. 95712-2530897.

4) Assistant Registrar of firms, Aurangabad,

Gadiya Building, House No. 5/1/100,


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Near Divisional library Office, Eknathnagar Road, Usmanpura, Aurangabad 431005. Ph.No. 952402336798.

15.1. 11 Deleted 15.1.12 Deleted

15.2 Price-Bid Documents submitted as per E-Tendering Procedure:

The tenderer should quote his offer in percentage as appropriate place, online on website www.thanecity.gov.in and www.eprocurment.synise.com/tmc

Submission of Tender:

The tenderer should quote his price bid online and also submit technical bid document on-line only as per online procedure.

15.3 Thane Municipal Corporation, Thane may extend the deadline for the submission of tenders by issuing an amendment in accordance with Para 14.6 of these instructions to tenderer’s in which case all rights and obligations of Thane Municipal Corporation, Thane and the tenderer’s previously subject to the original deadline shall thereafter be subject to the new deadline as extended.

15.4 OPENING OF TENDERS : On due date and specified time following procedure will be adopted for opening of

the tender.

First of all Envelope No.1 (Technical bid documents) submitted by all tenderer’s online as per E-tendering procedure will be opened to verify its contents as per tender requirements.

All the tenderer’s should produce original documents for verifications of online submitted documents by the tenderer’s at the time of opening of the technical bid, then only financial bid will be opened. If within seven days from the prescribed date of opening of tender, tenderer is unable to produce original documents, this tender will be treated as non-responsive.


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If the required documents do not meet the tender requirements, it will be recorded accordingly by the tender opening authority and the said tenderer’s Price-Bid will not be considered / opened for further action and the reason will be recorded.

15.5 The tenders are liable to be rejected outright, if while submitting-

15.5.1 The tenderer proposes any alteration in the work specified in the tender or in time allowed for carrying out work or any other unacceptable condition.

15.6 Income Tax, work contract tax & other Taxes as applicable at the rate in force will be recovered from the gross amount of each bill, whether for measured or advance payment of each bill, and/or secured advance.

15.7 Schedule ‘B’ of contract shows the items of work to be executed, the estimated quantity, the rate, amount of such item as per estimate and the total estimated cost put to tender. The tenderer should quote his rate in terms of percentage above or below the said estimated cost.

15. 8 i) The Contractor should particularly note the units on which the rates are based.

In case, any difference noticed in the unit shown in the column of Unit the

Contractor should approach the Executive Engineer well in advance before

submission of the tender and get the discrepancy set right. If any discrepancy

not pointed out by the Contractor is noticed later on, the decision of City

engineer will be final and binding on the tenderer.

i i) No addition or alterations in the form of the tender or in the tender and no additions in the shape of special stipulation etc. are permitted. The tenders which do not fulfill all or any of the above conditions or are incomplete in any respect are liable for summary rejection.

i ii) All pages of tender documents, Conditions, Specification and drawings etc. shall be initialed at lower left hand corner and signed where required in the tender papers by the Tenderer, all partners in case of partnership firms or person holding a power of attorney authorizing him to sign on behalf of the partnership firms or person holding a power of attorney authorizing him to sign on behalf of the partnership before submission of the tender.

iv) The City Engineer, Thane Municipal Corporation, Thane shall have the right to revise or to amend the contract documents prior to the date of receipt or opening of the tenders.


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v) The Contractor shall make at his own expenses all preliminary arrangements including site clearance etc. immediately after the contract is awarded to him.

16. ACCEPTANCE OF THE TENDER: Acceptance of the tender would be intimated to the Contractor by speed post or

courier or Fax.


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CHAPTER-II

GENERAL CONDITIONS

1. INTRODUCTION

The broad scope of work consists of construction of culverts/minor bridges and its

approaches on both sides of Ghodbunder Service roads. The construction of

culverts/minor bridges minor consists of construction of foundation open/pile, pile

cap, piers, pier cap, girder, deck slab, approach roads, wearing coat, return walls ,

footpath, road marking including temporary form work, cofferdam etc as per Schedule

B. The work is to be carried out in existing nalla.

The specifications included in the tender follow the corresponding standards of the

P.W.D./ MoRT&H The system of recording, measurements and payments will be

based on the P.W.D. & T.M.C. practice in vogue.

2 The work is situated within Thane Municipal Corporation Limit. This is one of the

busiest roads in Thane City. It should be borne in mind that the details given below

are broad details to get some idea about the general site conditions. For more details

regarding levels, grades, cross-sections, specifications, mode of construction, quantum

of work etc., please refer various cross sections attached to the tender documents, item

wise specifications, Schedule-B and other documents in the contract. The contractors

are deemed to have inspected and studied, the site condition regarding the work

already done, fresh work to be done, and other structures, and other site and traffic

condition etc. before quoting his rate for the work. In case of any variations in respect

of technical details, the details given in Schedule - B, item wise specifications and

other specifications and conditions given in the contract shall govern. In respect of

details given in regarding site condition, the department does not claim that these

details are fully correct and exhaustive. The Contractor should verify the site

conditions and be thoroughly conversant with all site conditions/details etc. before

quoting and no claims on any account due to variations in the information's in the

given site conditions etc. will be accepted by the department. The contractors should

study and assess these conditions fully before quoting the rates.


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3. It is presumed that the contractor has gone carefully and thoroughly through the

standard and special specifications of the individual items and studied the site

conditions before arriving at the percentage above / below the estimated rates

quoted by him.

4. Special provisions in the detailed specifications of wording of any item shall give

precedence over the corresponding contract provisions, if any, in the standard

specifications of the P.W.D., MoRT&H or the TMC. In case of any contradictions

in the specifications, the interpretation and decision of the Engineer shall be final

and binding.

5. In all cases of errors, omissions or doubts or discrepancies in dimensions or

description in drawings or in specifications etc. a reference shall be made by the

contractor to the Engineer, whose elucidations or decisions shall be treated as

authentic and final and contractor shall be liable to be held responsible for any

errors or omissions arising out of his not referring the doubts in advance to the

Engineer for clarifications.

6. If the contractor has any doubts, whatsoever, as to the contents of the contract he

shall in good time i.e. before submitting his tender, get his doubts clarified

authentically from the Engineer in writing. Once the tender is submitted by him

the matter will be decided according to the tender stipulations in the absence of

such authentic pre-clarifications from the Engineer and contractor shall in that case

be bound by the decisions of the Engineer.

7. All the items in Schedule-B of the tender are for completed items of work and no

extra claims shall be accepted as regards specifications, labour, materials, all taxes

(Sales Taxes, Work Contract Tax, Octroi etc.) royalties, and any other charges etc.

Also 1.0% labour cess shall be deducted on the bill amount.

8. On request from the contractor, the T.M.C. shall extend all possible help at no extra

cost in securing priorities for deliveries, obtaining controlled or scarce materials,

permissions, police protection if required, requisition of public open land-on rental


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basis required temporarily for the purpose of execution of work etc. However, the

T.M.C. shall not be held responsible for such arrangements or delays arising out of

making such arrangements and for which no financial claims shall be entertained

by the T.M.C.

9. The contractor shall have to make his own arrangements for procuring all materials

and machinery required for the work and adopt necessary safety measures for

protection of men and materials and nearby T.M.C./Public or private properties

against any accidental damages to life or property arising out of activities on his

work.

10. The successful bidder shall have to chalk out a program for execution of the work

with reference to the time limit stipulated for completion of the work and furnish the

same in the form it is asked for by the Engineer within a fortnight from the date of

receipt of work order by him. Review of progress achieved with reference to the

approved program shall be taken by the Engineer at regular intervals and shortfall if

any shall be made good by the contractor within the allowable period by accelerating

his progress to bring it as per the approved program. The contractor shall update this

program from time to time as and when called upon to do so, failing which the same

shall be drawn up by the Engineer and shall be enforced by him and no

representation in that case shall be entertained from the contractor. If specifically

asked for, the Contractors shall have to submit his program in the form of

C.P.M./PERT network.

11. Materials which are not approved shall not be allowed to be brought on site.

Materials once brought to the site shall not be allowed to be removed form the site

without the prior approval of the Engineer.

12. The several documents forming the contract shall be taken as mutually

complimentary to each other. Detailed working drawings shall gain preference over

small scale drawings, written dimensions shall be in preference to the scaled

dimensions and specific conditions shall be in preference to the general conditions.


23

Any errors or omissions in descriptions, quantity or rate shall neither vitiate the

contract nor absolve the contractor of his obligation under the contract from the

responsibility of executing the work either in part or in whole.

13. In case of any error in giving reference to the standard specifications of the P.W.D.,

MORT&H etc. like reference to correct specifications numbers, or pages etc. the

contractor shall be bound to carry out the work in accordance with the correct and

relevant specifications of the standard specifications including any subsequent

revision of the standard specifications by the P.W.D., MORT&H or as directed by

the Engineer.

14. The Contractor shall permit the Engineer or his representative to inspect whenever

required, the stock of controlled materials, provided such materials are supplied to

him from the T.M.C. stores.

15. On receipt of the work order, the contractor’s authorized site Engineer shall

immediately start operations like clearing the site, constructing approach road to site

and take up lining out of the work under the directions of the Engineer and shall

provide all the necessary materials, labour, tools, instruments, as required for the

purpose of field surveys. The lining out shall be done accurately and it shall be the

responsibility of the contractor for the correctness of the locations, lines, levels,

omissions and alignments etc. of all the component parts of the work. If at any time

during the course of the execution, any error is noticed, the same should be got

rectified by the contractor at his own cost.

Checking by the departmental staff or Engineer's authorized representative shall not

absolve in any way responsibility of the contractor in this respect. The contractor

shall establish, protect benchmarks, pegs etc. at site as per the directions of the

Engineer till such time as they are required for the work.

16. Deleted.

17. The Engineer-in charge shall have full rights to ask for any additions or deletions in

the supervisory staff and labour force of the contractor and this should be done

immediately by the contractor to Engineer-in charge’s full satisfaction. The


24

contractor shall regularly submit to the Engineer weekly reports of the people

employed on his work and medical reports etc. Reports on accidents should be

submitted within 24 hours.

18. Work Order Book shall be maintained on site and it shall be the property of the

T.M.C. The contractor shall promptly sign the orders written in it by the Engineer or

his authorized representative or his superior and comply with the same promptly and

correctly.

The contractor should report compliance of all such orders recorded in the Work

Order Book from time to time to the Engineer for his verifications. First carbon copy

of the extract from the Work Order Book shall be supplied to the contractor as soon

as the entry is made in it by the officers of the T.M.C. The contractor should sign in

this Work Order Book to acknowledge receipt of his copy.

19. Initial measurement for record:

Where for proper measurement of the work, it is necessary to have an initial set of

levels or other measurements taken, the same as recorded in the authorized field

book, measurement book of the T.M.C. by the Engineer or his authorized

representatives will be signed by the contractor or his authorized representative who

will be entitled to have a true copy of the same made at his cost. Any failure on the

part of the contractor to get such levels etc. recorded before starting the work will

render him liable to accept the decision of the Engineer as to the basis of taking

measurements. Likewise the contractor will not cover any work which will render its

subsequent measurements difficult or impossible, without first getting the same

jointly measured by himself and the authorized representative of the Engineer. The

record of such measurements on behalf of the T.M.C. will be signed by the Engineer

or his representative and the contractor and he will be entitled to have a true copy of

the same made at his cost.

The contractor can have copies of the measurements as stated in the paragraph above

of the bills paid to him at his own cost and at his own responsibility to do so by

attending T.M.C. office. He or his agent may copy down the same in consultation

with the Officer concerned.

20. The contractor shall engage an authorized and full time qualified technical

representative on the work capable of managing and guiding the work and


25

understanding all the specifications and contract conditions who will take orders as

shall be given by the Engineer or his representative from time to time and shall be

responsible for carrying out the work promptly and correctly. His technical

representative should be posted at the site with prior approval of the Engineer and

should not be removed from the site without his prior approval.

21. Treasure Trove:

In the event of discovery by the contractor or his employees during the progress of

the works of any treasure, fossils, minerals or any articles of value of interest, the

contractor shall give immediate information thereof to the Engineer and forthwith

handover to the Engineer such treasure or things which shall be the property of the

T.M.C. and shall not be removed by the contractor under any circumstances.

22 Permits and Licenses:

The Contractor shall procure at his own expenses all permits and licenses comply

with rules and regulations laid down by the concerned authority and pay all charges,

fees and give all notices necessary and pay all dues in connection with lawful

execution of the work.

23. Patented Devices, Materials and process:

Whenever the contractor desires to use any designed devices, materials or processes

covered by letter of Patent or Copy Right, the right for such use shall be secured by

suitable legal arrangement with the patent owners and the copy of their agreement

shall be supplied to the Engineer if so desired by him. It shall be the responsibility of

the contractor to observe all legal formalities for use of such patents and

consequences, if any, due to failure on his part to do so shall be the sole

responsibility of the contractor.

24. Indemnity:

The contractor for anything done or omitted to be done in execution of the work of

this contract. The contractor shall indemnify the T.M.C. against all actions, suits

claims, damages and demands brought or made against him in respect of anything

done or omitted to be done by the contractor in execution of or in connection with the

work of this contract and against any loss or damage to the T.M.C. in consequences

of any action or suit being brought against.


26

25. Contractor’s l iabil ity and insurance: 25.1 From commencement to completion of the works, the Contractor shall take full

responsibility for the care thereof and for taking, precaution to prevent loss or

damage to the greatest extent possible and shall be liable for any damage or loss that

may happen to the works or any part thereof from any cause whatsoever (save and

except the Excepted Risks) and shall at his own cost repair and make good the same

so that at completion, the works shall be in good order and condition and in

conformity in every respect with requirements of the contract and instructions of the

City Engineer.

25.2 Without limiting his obligations and responsibilities under clause 25.2 the contractor

shall insure in the joint name of the Thane Municipal Corporation and the contractor

against all loss or damage from whatever cause (other than the Excepted Risks) for

which he is responsible under the terms of the contract and in Such manner that the

Thane Municipal Corporation and the contract are covered during the period of

construction of the works and the defects liability period for loss or damage arising

from a cause occurring prior to the commencement of the damage caused by the

Contractor in the course of any operation carried Out by him for the purpose of

complying with his obligations under clause 20 of Printed B-1 Tender Form

(regarding Defect Liability).

(i) The works and the temporary works to the full value of such works executed from

time to time.

(ii) The materials, constructional plant and other things brought to site by the in

contractor to the full value of such material, constructional plant and other things.

25.3 Before commencing execution of the work, the contractor shall, without in anyway

limiting his obligations and responsibilities under the conditions, insure against any

damage, loss or injury which may occur to any property (including that of

Department) or to any person (including any employee of Department) by or arising

out of carrying out of the Contract.

25.4 The Contractor shall ensure that similar insurance policies are taken out by his sub-

contractor (if any) and shall be responsible for any claims or losses to department

resulting from their failure to obtain adequate insurance protection in connection


27

thereof. The Contractor shall produce or cause to be produced by his sub-contractors

(if any) as the case may be relevant policy or policies and premium receipts as and

when required by the City Engineer.

If the Contractor and/or his Sub-contractor (if any) shall fail to effect and keep in force the

insurance referred to above or any other insurance which he/they may be required to

effect under the terms of the contract then in any such case department may without

being bound and to effect and keep in force any such insurance and pay such

premium or premia as may be necessary for that purpose and from time to time

deduct the amount so paid by the department from any money due or which may

become due to the contractor or recover the same as a debt due from the contractor.

25.5 Third party insurance

Before commencing the execution of the work , the contractor ( but without limiting with obligation & responsibility under clause 21.10.1 hereof) shall insure in the joint names of the employer and the contractor against any damage or lose or injury which may occurs to any property or to any person ( including property & employs of the employer) by or arising out of the execution of the works or temporary works in carrying out of the contract, such insurance shall be affected with an Indian insurance company and in terms approved by the employer ( which approval shall not be unreasonably with held ) and for atleast the amount shown in the appendix to the tender as the contractor shall have to produced to the engineer in charge the policy or policies of insurance and the receipt for the payment of current premiums Rs. 10 lacks has been indicated as liability of any one incident. This shall be restored back to same value after every incident taking place till the completion of the contract.

25.6 All the aforesaid insurance policies shall be of Maharashtra Government insurance company or joint venture with private insurance company as per Government G.R.. Also insure that aforesaid insurance policies shall not be canceled till the City Engineer has agreed to their cancellation


28

CHAPTER-III

ADDITIONAL GENERAL CONDITIONS AND SPECIFICATIONS

1. These are to apply as additional specifications and conditions, unless otherwise already

provided for contrary elsewhere in this contract.

2. DEFINITIONS:

Unless excluded by or repugnant to the context.

a) The expression "TMC" as used anywhere in the tender papers shall mean the T.M.C

(Thane Municipal Corporation Thane).

b)The expression " City Engineer" as used anywhere in the tender papers shall mean the

City Engineer of T.M.C( Thane Municipal Corporation Thane)

c) The expression "Dy. City Engineer" as used anywhere in the tender papers shall mean

the Deputy City Engineer of T.M.C( Thane Municipal Corporation Thane)

d) The expression "Executive Engineer" as used anywhere in the tender papers shall mean

the Executive Engineer of T.M.C ( Thane Municipal Corporation Thane)

e)"Activity Schedule" means the priced and completed Activity Schedule forming part of the Bid.

The "Completion Date" is the date of completion of the Works as certified by the Engineer

f) The expression “Contract” as used in the tender papers shall mean the deed to contract

together with its original accompaniment and those later incorporated in it by mutual

consent.

g) The expression “Contractor” used in the tender papers shall mean the successful tenderer

whose tender has been accepted, and who has been authorized to proceed with the work.

H) The "Contract Price " or "Contract sum" is the price stated in the Letter of Acceptance

and thereafter as adjusted in accordance with the provisions of the Contract.


29

i) “Drawings” shall mean the drawings referred to in the specifications and any

modifications of such drawings approved in writing by Engineer and such other drawings as

may from time to time be furnished or approved in writing by the Engineer.

j) A "Defect " is any part of the works carried under contract showing the deficiency during the construction or in defect liability period.

k) The "Defects Liability Period" is the period named in the Tender document and

calculated from the Completion Date.

l) The "Employer" is the party who will employ the Contractor to carry out the Works.

m) The expression “Engineer” or “Engineer-in-charge” as used in tender papers shall

mean the City Engineer or his authorized representatives of the work for the time being.

n) The "Engineer’s Representative” is the senior Resident Engineer / Team Leader

appointed by the Engineer for supervision and administration of Contract.

o)"Equipment” is the Contractor's machinery and vehicles brought temporarily to the Site to

construct the Works.

p) The "Initial Contract Price" is the Contract Price listed in the Employer's Letter of

Acceptance.

q) Deleted

r) The "Intended Completion Date" is the date on which it is intended that the Contractor

shall complete the Works. The Intended Completion Date is specified in the Tender

document. Only the Engineer may revise the Intended Completion Date by issuing an

extension of time.

s)"Materials" are all supplies, including consumables, used by the contractor for

incorporation in the Works.


30

t)"Plant" is any integral part of the Works which is to have a mechanical, electrical,

electronic or chemical or biological function.

u) The “site” shall mean the lands and/or other places, in or through which the work is to be

executed under the contract including any other lands or places which may be allotted by

T.M.C. or used for the purpose of contract.

v) The “work” shall mean the works to be executed in accordance with the Contract or

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

substituted works as required for performance of the contract.

w) The “Accepting Authority” shall mean the Competent Authority to accept the tender.

x) The “Day” shall mean a day of 24 hours from midnight to midnight irrespective of the

number of hours worked in any day in that week.

y) Site Investigation Reports are those which were included in the Bidding documents and

are factual interpretative reports about the surface and sub-surface conditions at the site.

z) Specification means the Specification of the Works included in the Contract and any

modification or addition made or approved by the Engineer.

aa)The Start Date is the date of work order when the Contractor shall commence execution

of the works.

bb)A Subcontractor is a person or corporate body who has a Contract with the Contractor to

carry out a part of the work in the Contract which includes work on the Site.

cc) Temporary Works are works designed, constructed, installed, and removed by the

Contractor which are needed for construction or installation of the Works.

dd)A Variation is an instruction given by the Engineer which varies the Works.


31

ee)“Urgent works” shall mean any measure which, in the opinion of the Engineer, become

necessary during the progress of the works to obviate any risk or accident or failure or which

become necessary for security of the work or the persons working, thereon.

3. Interpretation 3.1 In interpreting these Conditions of Contract, singular also means plural, male also

means female or neuter, and the other way around. Headings have no significance. Words

have their normal meaning under the language of the Contract unless specifically defined.

The Engineer will provide instructions clarifying queries about the Conditions of Contract.

3.2 If sectional completion is specified in the Tender document, references in the

Conditions of Contract to the Works, the Completion Date, and the Intended Completion

Date apply to any Section of the Works (other than references to the Completion Date and

Intended Completion date for the whole of the Works).

3.3 The documents forming the Contract shall be interpreted in the following order of

priority, however in all cases of errors, omissions or doubts or discrepancies in dimensions or

description in drawing or in specification etc:

1. Letter of Acceptance with correspondence with contractor regarding negotiated

price offer prior to Letter of Acceptance

2. Work order

3. Common set of clarifications/deviations and Addendum, if any

4. Special Condition of Contract

5. Conditions of Contract form B-1

6. Additional General Conditions and Specifications

7. General Conditions

8. Percentage rate Tender and Contract for Works

9. Detailed item wise specifications

10. Technical Specifications

11. Tender Drawings

12. Schedule of Bill of Quantities as per Schedule-B

4.1 PROGRAMME OF WORK:


32

The work is required to be completed within a period of 8 calendar months excluding the

monsoon period.

4.2 CONSTRUCTION EQUIPMENTS:

The contractor shall be required to provide appropriate equipments for achieving the laid

down specifications and tolerance to the satisfaction of the Engineer. All equipments

provided shall be of proven efficiency and shall be operated and maintained at all times in a

manner acceptable to the Engineer and no equipment or personnel will be removed from site

without permission of the Engineer.

5. RESPONSIBILITIES FOR LEVEL AND ALIGNMENT:

The contractor shall be entirely and exclusively responsible for the horizontal and vertical

alignment, the levels and correctness of every part of the work and shall rectify effectually

any errors or imperfections therein; such rectifications shall be carried out by the contractor,

at his own cost, when instructions are issued to that effect by Engineer.

6. DAMAGE BY FLOODS OR ACCIDENTS:

The contractor shall take all precautions against damage by floods or like or from accident

etc. No compensation will be allowed to the Contractor on this account or for correcting and

repairing any such damage to the work during construction. The contractor shall be liable to

make good at his cost any plant or materials belonging to the T.M.C. lost or damaged by

floods or from any other cause which is in his charge.

7. POLICE PROTECTION:

For the Special Protection of camp and of the contractor’s work, the Department will help the

contractor as far as possible to arrange for such protection with the concerned authorities, if

so required by the Contractor in writing. The full cost of such protection shall be borne by

the contractor.

8. TRAFFIC REGULATION DURING EXECUTION OF WORK:

8.1 Unless separately provided for in the contract, the contractor shall have to make all necessary

arrangements for regulating traffic, day and night during the period of construction to the

entire satisfaction of the Engineer. This includes the construction and maintenance to

diversion if necessary. The contractor shall have to provide necessary caution boards,

barricades, flags, lights and watchmen etc. so as to comply with the latest Motor Vehicle

rules and regulation and for traffic safety and he shall be responsible for all claims from


33

accidents which may arise due to his negligence whether in regulating the traffic or in

stacking materials on the roads, or due to any other reason.

8.2 The contractor shall at all times carry out the work on the road in a manner creating least

interference to the flow of traffic, while consistent with the satisfactory execution of the

same. For all works involving improvements to the existing road junctions, the contractor

shall, in accordance with the directives of the Engineer, provide and maintain, during the

execution of work a passage for traffic, either along or part of the existing carriageway under

improvement or along a temporary diversion constructed close to the road.

9. MEDICAL AND SANITARY ARRANGMENT TO BE PROVIDED FOR LABOUR

EMPLOYED IN THE CONSTRUCTION BY THE CONTRACTOR:

a) The contractor shall provide adequate supply of potable water for the use of labour

on work and in Camps.

b) The contractor shall construct trench or semi permanent latrines for the use of the

labourers. Separate latrines shall be provided for men and women.

c) The contractor shall build sufficient number of huts on a suitable plot of land for use

of the Laborers according to the following specifications:

1. Huts of Bamboos and Grass may be constructed.

2. A good site not liable to submergence shall be selected on high

ground remote from jungle but well provided with trees, shall be

chosen wherever it is available. The neighborhood of tank, jungle,

grass or woods should be particularly avoided. Camps should not be

established close to large cuttings of earth work.

3. The lines of huts shall have open space of at least ten yards between

rows. When a good natural site cannot be produced, particular

attention should be given to drainage.

4. There should be no over crowding. Floor space at the rate of 30

sq.ft per head shall be provided. Care should be taken to see that the

huts are kept clean and in good order.


34

5. The contractor must find his own land and if he wants T.M.C. land,

he should apply for it and pay assessment for it, if made available by

T.M.C.

6. The contractor shall construct a sufficient number of bathing places.

Washing places should also be provided for the purpose of washing

clothes.

7. The Contractor shall make sufficient arrangements for draining

away the surface and sullage water as well as water from the bathing

and washing places and shall dispose of this waste water in such

way as not to cause any nuisance.

d) The contractor shall engage a Medical Officer with a traveling dispensary for a

Camp containing 500 or more persons if there is no Government or other private

dispensary situated within 8 kilometers from the Camp. In case of emergency the

contractor shall arrange at his cost for transport for quick medical help to his sick

worker.

e) The Contractor shall provide necessary staff for effecting a satisfactory drainage

system and cleanliness of the camp to the satisfaction of the Engineer. At least one

sweeper per 200 persons should be engaged.

f) The Assistant Director of Public Health be consulted before opening a labour camp

and his instruction on matters such as water supply, sanitary conveniences, the camp

site accommodation and food supply shall be allowed by the Contractor.

g) The contractor shall make arrangements at his cost for all anti-malaria measures to

be provided for the labour employed on the work. The anti-malaria measure shall be

provided as directed by the Assistant Director of Public Health.

10. Engineer's Decisions

10.1 Except where otherwise specifically stated, the Engineer will decide contractual

matters between the Employer and the Contractor in the role representing the

Employer.


35

11. Delegation

11.1 The Engineer may delegate any of his duties and responsibilities to other people after

notifying the Contractor and may cancel any delegation after notifying the

Contractor.

12. Communications

12.1 Communications between parties which are referred to in the conditions are effective

only when in writing. A notice shall be effective only when it is delivered (in terms

of Indian Contract Act).

13. Other Contractors

13.1 The Contractor shall cooperate and share the Site with other contractors, public

authorities, Owners of utilities, and the Employer between the dates given in the

Schedule of Other Contractors. The Contractor shall as referred to in the Tender

document, also provide facilities and services for them as described in the Schedule.

The employer may modify the schedule of other contractors and shall notify the

contractor of any such modification.

14. Personnel

14.1 The Contractor shall employ the key personnel named in the Schedule of Key

Personnel as referred to in the Tender document to carry out the functions stated in

the Schedule or other personnel approved by the Engineer. The Engineer will

approve any proposed replacement of key personnel only if their qualifications,

abilities are relevant

15. Approval by the Engineer

15.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Engineer, who is to approve them if they comply with the Specifications and Drawings.

15.2 The Contractor shall be responsible for design of Temporary Works. 15.3 The Engineer's approval shall not alter the Contractor's responsibility for design of

the Temporary Works. 15.4 The Contractor shall obtain approval of third parties to the design of the Temporary

Works where required.


36

15.5 All Drawings prepared by the Contractor for the execution of the temporary or

permanent Works, are subject to prior approval by the Engineer before their use. 16. Safety 16.1 The Contractor shall be responsible for the safety of all activities on the Site. 17. Discoveries

17.1 Anything of historical or other interest or of significant value unexpectedly

discovered on the Site is the property of the Employer. The Contractor is to notify

the Engineer of such discoveries and carry out the Engineer's instructions for dealing

with them.

18. Possession of the Site

18.1 If possession of a part is not given by the date stated in the Tender document the

Employer is deemed to have delayed the start of the relevant activities and

proportionately time period will be extended. In such cases of delay in handing over

possession of site the contractor will not be entitled for any compensation.

19. Access to the Site

19.1 The Contractor shall allow the Engineer and any person authorized by the Engineer

access to the Site, to any place where work in connection with the Contract is being

carried out or is intended to be carried out and to any place where materials or plant

are being manufactured / fabricated / assembled for the works.

20. Instructions

20.1 The Contractor shall carry out all instructions of the Engineer which comply with the

applicable laws where the Site is located.

20.2 The Contractor shall permit the Employer to inspect the Contractor’s accounts and

records relating to the performance of the Contractor and to have them audited by

auditors appointed by the Employer, if so required by the Employer.

21. Program

21.1 The Contractor shall submit to the Engineer for approval within 7 days from the date

of work order a Program including Environmental Management Plan showing the


37

general methods, arrangements, order, and timing for all the activities in the Works

along with monthly cash flow forecast.

21.2 An update of the Program shall be a program showing the actual progress achieved

on each activity and the effect of the progress achieved on the timing of the

remaining work including any changes to the sequence of the activities.

21.3 The Contractor shall submit to the Engineer, for approval, an updated Program at

intervals no longer than 60 days. If the Contractor does not submit an updated

Program within this period, the Engineer may withhold the amount stated in the

Tender document from the next payment certificate and continue to withhold this

amount until the next payment after the date on which the overdue Program has been

submitted.

21.4 The Engineer's approval of the Program shall not alter the Contractor's obligations.

The Contractor may revise the Program and submit it to the Engineer again at any

time. A revised Program is to show the effect of Variations and Compensation

Events.

22. Management Meetings

22.1 Either the Engineer or the Contractor may require the other to attend a management

meeting. The business of a management meeting shall be to review the plans for

remaining work and to deal with matters raised in accordance with the early warning

procedure.

22.2 The Engineer shall record the business of management meetings and is to provide

copies of his record to those attending the meeting and to the Employer. The

responsibility of the parties for actions to be taken is to be decided by the Engineer

either at the management meeting or after the management meeting and stated in

writing to all who attended the meeting.

23. Deleted


38

24. Identifying Defects

24.1 The Engineer or his authorized representative shall check the Contractor's work and

notify the Contractor of any Defects that are found. Such checking shall not affect

the Contractor's responsibilities. The Engineer may instruct the Contractor to search

for a Defect and to uncover and test any work that the Engineer considers may have

a Defect

24.2 The contractor shall permit the Employer’s Technical auditor to check the

contractor’s work and notify the Engineer and Contractor of any defects that are

found. Such a check shall not affect the Contractor’s or the Engineer’s responsibility

as defined in the Contract Agreement.

25. Tests / Routine Testing

25.1 Routine Testing of materials / Works as per specification: Contractor to provide

requisite facilities to the Engineer for carrying out Test of materials to be

incorporated in the works to ascertain qualitative requirements. Contractor shall set

up a field laboratory at his own cost for carrying out routine test on soils, aggregate,

bitumen, water, cement, steel etc. for which necessary lab equipments shall be made

available at no extra cost. Contractor shall also make available qualified and

experienced material testing Engineer / staff through out the contract period.

25.2 Contractor shall carry out at least 15% of total tests as mentioned in 25.1 for each

type of materials from the TMC approved laboratory .All testing shall be carried out

by contractor at his own cost.

25.3 In case if the Engineer instructs the Contractor to carry out additional test to check

whether any work has a Defect and the test shows that it does, the Contractor shall

pay for the test and any samples. If there is no Defect the test charges shall be a

borne by the T.M.C.

25.4 10% of the rate of the item shall be withheld and shall be released only after

receipt of satisfactory test result whenever specified.

26. Correction of Defects


39

26.1 The Engineer shall give notice to the Contractor of any Defects before the end of the

Defects Liability Period, which begins at Completion and is defined in the Tender

document. The Defects Liability Period shall be extended for as long as Defects

remain to be corrected.

26.2 Every time notice of a Defect is given, the Contractor shall correct the notified

Defect within the length of time specified by the Engineer’s notice.

27. Uncorrected Defects

27.1 If the Contractor has not corrected a Defect within the time specified in the

Engineer’s notice, the Engineer will assess the cost of having the Defect corrected,

and the Contractor will pay this amount.

Note: Where in certain cases, the technical specifications provide for acceptance of

works within specified tolerance limits at reduced rates, Engineer will certify

payments to Contractor accordingly.

28. Currencies

28.1 All payments shall be made in Indian Rupees.

29. Recovery of compensation for delayed completion

29.1 The Contractor shall pay compensation to the Employer at the rate per day stated in

the mile stone table for each day that the Completion Date is later than the Intended

Completion Date (for the whole of the works or the milestone as stated in the tender

document). The total amount of compensation shall not exceed the amount defined

in the Tender document. The Employer may deduct the compensation from

payments due to the Contractor. Payment of liquidated damages does not reduce the

Contractor's liabilities.

29.2 If the Intended Completion Date is extended after compensation have been paid, the

Engineer shall adjust the same in next payment certificate.

“Time is the essence of the contract and payment or deduction of compensation shall

not relieve the contractor from his obligation to complete the work as per agreed


40

construction program and milestones or from any other of the contractor’s

obligations and liabilities under the contract.”

30. Advance Payment:

30.1 Deleted.

30.2 Deleted.

30.3 Deleted.

30.4 No Secured advance for the material brought of site of work is payable.

31. Completion

30.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the

Works and the Engineer will do so upon deciding that the Work is completed.

32. Taking Over

31.1 The Employer shall take over the Site and the Works within seven days of the

Engineer issuing a certificate of Completion.

33. Final Bill

33.1 The contractor should submit final bill within one month after completion of the

work and the same will be paid within six months if it is order. Disputed items and

claims, if any shall be excluded form the bill and settled separately later on.

33.2 Bill for extra works or for any claims shall be paid separately apart from the interim

bills for the main work. The payment of bills for the main work shall not be withheld

for want of decision on the extras on claims, not covered in the stipulations of the

contract.

33.3 Claims for extra works shall be registered within 30 days of occurrence of the event

or in any case not later than 30 days of submission of final bill by contractor.

However bills for these claims including supporting data/details may be submitted

subsequently to the City Engineer.

34. Operation and Maintenance Manuals


41

34.1 “As built” Drawings and operation and maintenance manuals are required to be

submitted by the contractor by the dates stated in the tender document.

34.2 a) Contractor shall supply one soft copy on CD of “As-Built Drawings” on AutoCAD

(latest version) and two hard copies within the time stated in the tender document.

b)Contractor shall provided one soft copy on CD of “Operation and Maintenance

Manual” and three hard copies each within the time stated in the tender document.

34.3 If the Contractor does not supply the “As-Built Drawings” and/or manuals by the

dates stated in the Tender document, or they do not receive the Engineer’s approval,

the Engineer shall withhold an amount of Rs.1.0 Lakhs from payments due to the

Contractor.

35. Termination

35.1 The Employer or the Contractor may terminate the Contract if the other party

causes a fundamental breach of the Contract.

35.2 Fundamental breaches of Contract include, but shall not be limited to the following:

(a) The Contractor stops work for 30 days when no stoppage of work is shown

on the current Program and the stoppage has not been authorized by the

Engineer;

(b) The Contractor is made bankrupt or goes into liquidation other than for a

reconstruction or amalgamation;

(c) The Engineer gives notice to the contractor to correct a particular defect and

the contractor fails to correct it within a reasonable period of time

determined by the Engineer;

(d) The Contractor does not maintain a security which is required;


42

(e) The Contractor has delayed the completion of works by the number of days

for which the maximum amount of liquidated damages can be paid as

defined in the Tender document; and

(f) If the Contractor, in the judgment of the Employer has engaged in corrupt or

fraudulent practices in competing for or in the executing the Contract.

For the purpose of this paragraph : “corrupt practice” means the offering,

giving, receiving or soliciting of any thing of value to influence the action of

a public official in the procurement process or in contract execution.

“Fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the

detriment of the Employer, and includes collusive practice among Bidders

(prior to or after bid submission) designed to establish bid prices at artificial

non-competitive levels and to deprive the Employer of the benefits of free

and open competition.”

(g) “The contractor (in case of joint venture) has modified the composition of

the joint venture and/ or the responsibility of each member of the joint

venture from what is stated in joint venture agreement without prior

approval of the Employer”.

35.3 Deleted.

35.4 Notwithstanding the above, the Employer may terminate the Contract for

convenience.

35.5 If the Contract is terminated the Contractor shall stop work immediately, make the

Site safe and secure and leave the Site as soon as reasonably possible.

36. Payment upon Termination

36.1 If the contract is terminated because of a fundamental breach of contract by the

contractor, the Engineer shall issue a certificate for the value of the work done less

advance payment received up to the date of the issue of the certificate, less other

recoveries due in terms of contract, less taxes due to deducted at source as per

applicable law and less the percentage of compensation to apply to the work not

completed as indicated in the tender document. Additional Liquidated Damages shall

not apply. If the total amount due to the Employer exceeds any payment due to the

contractor the difference shall be a debt payable to the Employer.


43

36.2 If the Contract is terminated at the Employer’s convenience the Engineer shall issue

a certificate for the value of the work done, the reasonable cost of removal of

Equipment, repatriation of the Contractor’s personnel employed solely on the works

and the contractor’s costs of protecting and securing the works and less advance

payments received up to the date of the certificate, less other recoveries due in terms

of contract, less taxes due to deducted at source as per applicable law.

37 Variation : The scope of work may exceed or decrease by 25%, No no claims will be

entertained for this variation.

38 Funds

A) This project is being funded by Mumbai Metropolitan Regional Development

Authority (MMRDA), hence final approvals for all payments shall be made by

MMRDA. Contractor shall also have to Coordinate with MMRDA will also have

to be done for this work.

B) No price variation will be paid as price variation clause is not applicable to

this tender.

39 Property

All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be

the property of the Employer, if the Contract is terminated because of a Contractor’s default.


44

CHAPTER – IV

SPECIAL CONDITIONS

The Special Conditions of Contract shall take precedence over any other corresponding

condition/stipulation/ clause of tender appearing elsewhere in this document.

1. The plan of the area attached to the proposed development in the area is tentative and might

undergo some changes by way of change of alignment, location etc. In view of this, scope of

the work described in this tender might undergo some change by way of its location, width,

length, cross-sections etc. However, the overall work will be within Thane Municipal

Corporation area. There will be no changes in the rates quoted by the tenderer. No extra

payment shall be made by T.M.C. on account of such changes during the execution.

2. Simultaneously with this work there will be other works in progress in the area, whether

awarded by T.M.C. or by other statutory bodies. It will be incumbent on the tenderer to

provide all the facilities and co-operation to the other contractors to smoothly carry on their

work. This implies that the other agencies will have a right to access to their works through

the area on which the present agency is entrusted with the work.

3. During the execution of the contract, the service providers like TATA, MGL,MIDC,TMC,

MTNL and other private service operators etc., will be operating in the area for laying the

various service lines like water supply, sewerage, electric and telephone lines etc. The

contractor will have to provide full co-operation to these agencies for laying their services

lines without any extra cost. This implies that these agencies will have a right to access to

their works through the area on which the present agency is entrusted with the work.

4. While carrying out the work, all the permissions required from any concerned departments of

Government / Semi-Government / Traffic Police/ Tree authority/ TMC etc, are to be obtained

by the contractor at no extra cost to T.M.C. However, T.M.C. will provide all required

assistance in terms of issuance of recommendation letters etc.

5. LABOUR:


45

The Contractor shall, unless otherwise provided in the Contract, make his own arrangements

for the engagement of all staff and labour, local or other, and for their payment, housing,

feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in

such form and at such intervals as the Engineer may prescribe, showing the staff and the

numbers of the several classes of labour from time to time employed by the Contractor on the

Site and such other information as the Engineer may require.

6. COMPLIANCE WITH LABOUR REGULATIONS: During continuance of the contract, the Contractor and his sub contractors shall abide at all

times by all existing labour enactments and rules made there under, regulations, notifications

and bye laws of the State or Central Government or local authority and any other labour law

(including rules), regulations, bye laws that may be passed or notification that may be issued

under any labour law in future either by the State or the Central Government or the local

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

construction industry are given below. The Contractor shall keep the Employer indemnified

in case any action is taken against the Employer by the competent authority on account of

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

notifications including amendments. If the Employer is caused to pay or reimburse, such

amounts as may be necessary to cause or observe, or for non-observance of the provisions

stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any,

on the part of the Contractor, the Engineer/Employer shall have the right to deduct any

money due to the Contractor including his amount of performance security. The

Employer/Engineer shall also have right to recover from the Contractor any sum required or

estimated to be required for making good the loss or damage suffered by the Employer.

The employees of the Contractor and the Sub-Contractor in no case shall be treated as the

employees of the Employer at any point of time.

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK. a) Workmen Compensation Act 1923:- The Act provides for compensation in case of

injury by accident arising out of and during the course of employment.


46

b) Payment of Gratuity Act 1972 :- Gratuity is payable to an employee under the Act on

satisfaction of certain conditions on separation if an employee has completed 5 years

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

service. The Act is applicable to all establishments employing 10 or more employees.

c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly

contributions by the employer plus workers @ 10% or 8.33%. The benefits payable

under the Act are:

(i) Pension or family pension on retirement or death, as the case may be. (ii) Deposit linked insurance on the death in harness of the worker. (iii) Payment of P.F. accumulation on retirement/death etc.

d) Maternity Benefit Act 1951:- The Act provides for leave and some other benefits to

women employees in case of confinement or miscarriage etc.

e) Contract Labour (Regulation & Abolition) Act 1970:- The Act provides for certain

welfare measures to be provided by the Contractor to contract labour and in case the

Contractor fails to provide, the same are required to be provided, by the Principal

Employer by Law. The Principal Employer is required to take Certificate of Registration

and the Contractor is required to take license from the designated Officer. The Act is

applicable to the establishments or Contractor of Principal Employer if they employ 20

or more contract labour.

f) Minimum Wages Act 1948:- The Employer is supposed to pay not less than the

Minimum Wages fixed by appropriate Government as per provisions of the Act if the

employment is a scheduled employment. Construction of Buildings, Roads, Runways

are scheduled employments.

g) Payment of Wages Act 1936:- It lays down as to by what date the wages are to be paid,

when it will be paid and what deductions can be made from the wages of the workers.

h) Equal Remuneration Act 1979:- The Act provides for payment of equal wages for

work of equal nature to Male and Female workers and for not making discrimination

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


47

i) Payment of Bonus Act 1965:- The Act is applicable to all establishments employing 20

or more employees. The Act provides for payments of annual bonus subject to a

minimum of 8.33% of wages and maximum of 20% of wages to employees drawing

Rs.3500/-per month or less. The bonus to be paid to employees getting Rs.2500/- per

month or above upto Rs.3500/- per month shall be worked out by taking wages as

Rs.2500/-per month only. The Act does not apply to certain establishments. The newly

set-up establishments are exempted for five years in certain circumstances. Some of the

State Governments have reduced the employment size from 20 to 10 for the purpose of

applicability of this Act.

j) Industrial Disputes Act 1947:- The Act lays down the machinery and procedure for

resolution of Industrial disputes, in what situations a strike or lock-out becomes illegal

and what are the requirements for laying off or retrenching the employees or closing

down the establishment.

k) Industrial Employment (Standing Orders) Act 1946:- It is applicable to all

establishments employing 100 or more workmen (employment size reduced by some of

the States and Central Government to 50). The Act provides for laying down rules

governing the conditions of employment by the Employer on matters provided in the

Act and get the same certified by the designated Authority.

l) Trade Unions Act 1926:- The Act lays down the procedure for registration of trade

unions of workmen and employers. The Trade Unions registered under the Act have

been given certain immunities from civil and criminal liabilities.

m) Child Labour (Prohibition & Regulation) Act 1986:- The Act prohibits employment of

children below 14 years of age in certain occupations and processes and provides for

regulation of employment of children in all other occupations and processes.

Employment of Child Labour is prohibited in Building and Construction Industry.

n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of Service)

Act 1979 :- The Act is applicable to an establishment which employs 5 or more inter-

state migrant workmen through an intermediary (who has recruited workmen in one

state for employment in the establishment situated in another state). The Inter-State


48

migrant workmen, in an establishment to which this Act becomes applicable, are

required to be provided certain facilities such as housing, medical aid, traveling

expenses from home upto the establishment and back, etc.

o) The Building and Other Construction workers (Regulation of Employment and

Conditions of Service) Act 1996 and the Cess Act of 1996 :- All the establishments

who carry on any building or other construction work and employs 10 or more workers

are covered under this Act. All such establishments are required to pay cess at the rate

not exceeding 2% of the cost of construction as may be modified by the Government.

The Employer of the establishment is required to provide safety measures at the

Building or construction work and other welfare measures, such as Canteens, First-Aid

facilities, Ambulance, Housing accommodations for workers near the work place etc.

The Employer to whom the Act applies has to obtain a registration certificate from the

Registering Officer appointed by the Government.

p) Factories Act 1948 :- The Act lays down the procedure for approval at plans before

setting up a factory, health and safety provisions, welfare provisions, working hours,

annual earned leave and rendering information regarding accidents or dangerous

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

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

manufacturing process.

7. PROTECTION OF ENVIRONMENT:

The contractor shall take all reasonable steps to protect the environment on and off the Site

and to avoid damage or nuisance to persons or to property of the public or others resulting

from pollution, noise or other causes arising as a consequence of his methods of operation.

During continuance of the contract, the contractor and his sub-contractors shall abide at all

times by all existing enactments on environmental protection and rules made there under,

regulations, notifications and bye-laws of the State or Central Government, or local

authorities and any other law, bye-law, regulations that may be passed or notification that

may be issued in this respect in future by the State or Central Government or the local

authority.


49

Ensure that all lights provided by the contractor shall be screened so as not to interfere with

signal light on the railways or with any traffic or signal lights of any local or other authority.

Take all reasonable steps to implement the environmental mitigation measures provided for

in the “Environmental Management Plan” in accordance with objectives, procedures and

other provisions set forth therein and shall not take any action which would prevent or

interfere with such implementation.

The guidelines given in Environmental Management Plan (appended in Volume III :

Technical Specifications) prepared for this project specifically shall be followed during

construction.

Salient features of some of the major laws that are applicable are given below:

The Water (Prevention and Control of Pollution) Act, 1974, This provides for the prevention

and control of water pollution and the maintaining and restoring of wholesomeness of water.

'Pollution' means such contamination of water or such alteration of the Physical, chemical or

biological properties of water or such discharge of any sewage or trade effluent or of any

other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or

is likely to, create a nuisance or render such water harmful or injurious to public health or

safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the

life and health of animals or plants or of aquatic organisms.

The Air (Prevention and Control of Pollution) Act, 1981, This provides for prevention,

control and abatement of air pollution. ‘Air Pollution’ means the presence in the atmosphere

of any ‘air pollutant’, which means any solid, liquid or gaseous substance (including noise)

present in the atmosphere in such concentration as may be or tend to be injurious to human

beings or other living creatures or plants or property or environment.

The Environment (Protection) Act, 1986, This provides for the protection and improvement

of environment and for matters connected therewith, and the prevention of hazards to human

beings, other living creatures, plants and property. ‘Environment’ includes water, air and

land and the inter-relationship which exists among and between water, air and land, and

human beings, other living creatures, plants, micro-organism and property.

The Public Liability Insurance Act, 1991, This provides for public liability insurance for the

purpose of providing immediate relief to the persons affected by accident occurring while


50

handling hazardous substances and for matters connected herewith or incidental thereto.

Hazardous substance means any substance or preparation which is defined as hazardous

substance under the Environment (Protection) Act 1986, and exceeding such quantity as may

be specified by notification by the Central Government.

8. PROJECT SPECIFIC CONDITIONS

a. Cutting/ transplantation of trees: In case of cutting/ transplantation of trees,

contractor shall take necessary permission from the concerned authorities and

requisite charges for cutting of trees shall be deposited by the contractor. Any

deposit paid by him in this context shall be reimbursed on verification of related

documents.

b. Electricity / water meters etc: In case of providing electricity / water meters etc on

work, contractor shall take necessary permission from the concerned authorities and

requisite charges/ deposits etc for the same shall be deposited by the contractor.

Any deposit paid by him in this context shall be reimbursed on verification of related

documents.

c. Shifting of utilities – Contractor is required to liaise with concerned department for

identifying exact location of the utility services. Any damages by the contractor to

the services/ utilities while carrying out work shall be repaired immediately at his

own cost.

In certain stretches, TMC, service provider etc. may have to lay water mains,

sewers, cables etc. In such cases and when directed by the Engineer, the

works will have to be carried out concurrently if possible or after above

laying work is completed. If TMC, service provider etc. does not complete

such work within the contract period of this work, then the corresponding

work would be withdrawn at the request of the Contractor. In such cases, no

compensation shall be payable on account of idling of Machinery, manpower

etc. However, the contractor if so desires may continue with the contract

work for which proportionate extension will be granted.

d. Precedence over the corresponding contract provisions: Special provisions in the

detailed specifications or wording of any item shall give precedence over the

corresponding contract provisions, if any, in the standard specifications of the


51

MORT & H, PWD&MCGM etc. In case of any contradictions in the specifications,

the interpretation and decisions of the Engineer shall be final and binding.

e. Engineer’s decision to be treated as final: In all cases of errors, omissions or

doubts or discrepancies in dimensions or description in drawings or in specifications

etc., a reference shall be made by the contractor to the Engineer, whose elucidation,

elaboration or decisions shall be treated as authentic and final and contractor shall be

liable to be held responsible for any errors or omissions arising out of his not

referring the doubts in advance to the Engineer for clarifications.

f. All works shall be brought to the safe stage before the onset of monsoon.

g. Custom and Excise Exemption Certificate: No Custom and Excise Exemption

Certificate for procurement of construction Equipment, Machinery, construction

material will be issued by the employer.

h. The work shall be started on all available fronts as directed by the Engineer or

appointed PMC for the work.

h Traffic diversion/direction measures: The work has to be carried out on roads with

busy traffic and hence suitable traffic diversion/direction measures shall be adopted

in consultation with the Engineer and Traffic Police. Proper and adequate

signboards, barricades, lighting at night shall be displayed during the entire work

period as required and stipulated in the tender to ensure that no accidents take place.

No separate payment towards the same will be made unless otherwise specified

elsewhere in the contract.

i No claims for phasing of work: No claims shall be entertained by the Employer on

account of phasing of work as may be required.

j Disposal of excavated material: All excavated material shall be immediately

removed/ disposed off from the work site to avoid inconvenience to the public and

traffic .No claim on account of lead will be entertained by the Employer.

k Maintaining continuity of flow in SWDs: Whenever S.W.drains are required to be

constructed / diverted for any reason what so ever, the continuity of flow in the old

drain will have to be maintained during and after execution of work. All

connectivity, whenever required, is to be established for easy flow of SWD before

monsoon.

l Providing site office and office facilities etc.: Temporary structures such as

godown, site office, field lab, labour camp etc. for proper execution of the project

can be constructed by the Contractor at his own cost as per prevailing rules and


52

regulation of Govt./ Semi Govt. Department etc. after obtaining necessary

permissions from concerned Department / Authority. The site office will be a porta

cabin and no other site office shall be accepted.

Contractor at his cost will also provide well furnished office for

T.M.C. staff of at least 100 sq. ft. Area with proper facilities including

electricity, water, telephone, computer with Internet connections etc.

complete. The temporary structure so constructed shall be removed at his

cost immediately on receiving of notice to do so by the Engineer. The

structures / offices are to be maintained by the Contractor at his own cost

inclusive of payment towards Electricity / Telephone / Water / Sewerage

Charges etc. The contractor has to provide a porta cabin as site office.

The contractor shall provide one HP Printer with Xerox, scanner and laptop to TMC

office within two weeks from work order. The specification is as mentioned:

Pentium 2nd generation i7 core processor with 8GB ram 500 GB hard disk 15.3" size

display with 2GB graphic card. The weight of laptop shall be maximum 2kg, During

the construction period the contractor will provide a PC with one Wi-fi HP printer

in site office within 2 weeks from issue of work order which he has to

maintain during entire construction period, including cartridge and paper etc..

The contractor shall provide one air-conditioned car for TMC engineer/consultant.

This car shall be made available throughout the contract period.

m All concrete shall be by Ready Mix Concrete(RMC) only, except where otherwise permitted by the Engineer.

n Design and drawing of culverts will be issued by TMC. However, it is

responsibility of contractor to get design and drawing of culvert proof

checked by IIT or VJTI. No separate payment will be given on this

account.

o. Identification of Dumping Site / Dumping ground: Dumping site will be

required to be identified and made available by the contractor and get

approved from the Engineer-in-charge. Also, contractor shall obtain necessary

permissions form statutory authorities at his own cost.


53

9) Working during odd hours: The work will have to be completed by the

contractor within the stipulated time limit. If required to work during night or

odd hours, the contractor has to obtain prior permission of Engineer-in-charge

and comply with sound mitigation measures / police or statutory permission

etc. Lighting arrangements, safety measures etc. wherever necessary, shall be

made by the contractor at no extra cost to T.M.C. unless other otherwise

provided for in the contract.

10) Photographs and video shooting: During execution of work, the contractor has to

take, as directed by Engineer-in-charge, photographs and video shooting as and when

required at no extra cost to T.M.C. with digital technology and maintain

documentation of events.

11) Protection of environment: The contractor shall take all required steps to protect the

environment on and off the site to avoid damage or nuisance to persons or to public

property etc. resulting form air, water or noise pollution or other causes arising as a

consequence of his working methods.

12) MILE STONE TABLE

Milestone No.

Physical works to be completed as shown in

Schedule – B

Period from the date of issue work

order

Aggregate compensation per week for shortfall in progress

1 10% of tendered cost in monetary terms

2 months 0.05% of incomplete work in that milestone

2 60% of tendered cost in monetary terms.

4 months 0.10% of incomplete work in that milestone.

3

100% of tendered cost in monetary terms

Full completion period of 8 months

0.15% of incomplete work in that milestone.

4 Defects Liability Period 60 months after completion period for structural work and 24 months for non-structural work.

If the intended completion period is extended, necessary revision will be made in completion of milestones and corresponding correction will be made towards compensation in the next payment certificate by the Engineer. Also, the compensation recovered for shortfall in


54

progress of work will be refunded if the shortfall is made up subsequently maintaining the original/ extended time limit. In the event of the contractor failing to comply with this condition, he shall be liable to pay as compensation an amount shown in the mile stone table, as above, for every day for the due quantity of work remains incomplete, provided always that the total amount of compensation to be paid under the provisions of this clause shall not exceed 10 percent of the estimated cost of the work. If the amount of compensation reaches 10%, the contract shall be terminated.

13) Deleted

14) Labour camp/site office: For labour camp/site office etc. no land will be provided by

T.M.C. Contractor has to make his own arrangement at his cost. The T.M.C may extend

required assistance on request. The T.M.C, if available, may however temporarily lease

some piece of land required for contractor’s yard etc. as per prevailing practice of the

authority.

15) Co-ordination with Traffic police dept. / Municipal Corporation etc. will be the

responsibility of the contractor.

18. LIST OF MACHINERY REQUIRED TO BE PROVIDED BY THE CONTRACTORS FOR CONSTRUCTION OF MINOR BRIDGES / CULVERTS 1. RMC plant – 1 no.

2. JCB – 1 no.

3. Transit mixer / dumpers – 6 nos.

4. Vibratory roller – 1 no.

5. Cube testing machine – 2 nos.

6. Centering MS Plates – 500 nos.

7. Steel frame work – 15 sets

8. Neddle vibrator – 5 nos.

Note : In case additional machinery is required of any make contractor should

arrange it.


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19. SPECIAL CONDITIONS/ DIRECTIONS TO THE TENDERERS FOR READY MIX CEMENT CONCRETE WORK FOR RCC WORK IN M-35 GRADE

General : Ready Mix Concrete shall have all special conditions/directions same as for site

mixed concrete applicable as per IS code practise. Ready Mix Concrete prepared and

transported will be as IS: 4926-1976 or the latest IS code. No dry mix shall be brought on

site and water added there at. Ready Mix Concrete will be brought to the site from RMC

plant only by transit mixers (agitators). Every transit mixer will carry computerised delivery

ticket, mentioning the minimum following details:

(i) Name of the manufacturer.

(ii) Serial No. of ticket.

(iii) Date.

(iv) Truck No.

(v) Name of Contractor to whom the RMC is being supplied.

(vi) Location of contract.

(vii) Grade of concrete.

(viii) Specified workability.

(ix) Cement content and grade of cement.

(x) Time of loading.

(xi) Quality of concrete.

When the transit mixer arrives on site, the drum should always be speeded to about 10 to 15

rev/min., for at least 3 minutes, to make sure that the concrete is thoroughly mixed and

uniform, before discharge.

Testing : The sampling and testing requirements for Ready Mix Concrete are the same as

those for site mixed concrete.

A) Workability : The following procedure is adopted for testing workability;

(i) There should be mentioned of specified workability as per grade requirement and

site requirement in the tender document.


56

(ii) After making sure that the concrete has been uniformly mixed, take a sample from

the first 0.5 cum. of concrete discharge and does a slump (of compacting factor)

test on the sample. If the result complies with the specified requirements, then the

load should be accepted. If the results are beyond limit, a further sample should be

taken from the second 0.5 cum. of the discharge and if this is satisfactory, the load

should be accepted, if not the concrete load should be rejected, as the same is not as

per the specification range. Permissible variation in sump shall be �10 mm as per

IS: 4926-1976.

B) Cement Content: Cement content for cubic meter of Ready Mix Concrete shall be

mentioned for each grade of concrete. The minimum cement content in the various

grades of concrete shall be as per design mix for a particular grade of concrete. The mix

design shall confirm to one of the methods specified in IS: 10262 or IRC 44. However

preferable the mix design should be done as per details given in IRC-44 of 1976-

“Tentative guidelines cement concrete mix design”. The mix design shall be approved

from Govt. laboratory. The grade of cement shall be mentioned in the contract

documents. Cement shall have to be got tested at the Govt. laboratory or the laboratory

approved by the Engineer in Charge.

C) Water : The contractor/ manufacturer shall have to make their own arrangements of

potable water for using in mixing of concrete and for curing purpose. It shall meet the

requirement as per IS: 456-2000.

D) Sand : Sand shall be of approved quality with fineness modulus between 2.4 to 3.5 as per

approved mix design. The sand will have to be screened to remove the oversize particles

and washed to reduce the silt contents below 5% by volume after one hour & to bring it

within the permissible range of fineness modulus. Blending of sand of fine and coarse

quality may be permitted at mix design stage to achieve the required fineness modulus, if

it is found necessary to give desired results. The fine aggregates will be tested as directed

by Engineer in Charge.


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E) Coarse Aggregate : Specified sizes of aggregates mentioned in design mix shall be used

by manufacturer of RMC plant. Client shall confirm the quality of sand used for concrete.

If coarse aggregate are found having white spots, the same shall be got tested from

approved testing laboratory to eliminate possibility of potential aggregate alkali reactivity

before accepting or using spotted aggregates. The manufacturer should make the

necessary arrangements to stock the aggregates separately so that they do not get mixed

up with each other and/or with the foreign materials and do not get segregated. The

screening of the aggregates shall be done if found necessary as directed by the Engineer in

Charge.

F) Compressive Strength : Compressive Strength testing shall be carried out on site for 7

days, 14 days and 28 days strength. The water content shall be the minimum required to

provide the specified workability for full compaction of the concrete to the required

compaction of the concrete to the required density. The maximum water cement ratio

shall be 0.40. At least three sets consisting of 4 cubes from different loads for testing the

compressive strength for each days work. One cube from each set shall be tested for 7

days, 14 days and 28 days strength in presence of Engineer in Charge in accordance with

testing procedure. In case of failure of 28 days strength at site laboratory, remaining three

cubes shall be sent to approved laboratory immediately for testing for 28 days strength.

G) Density : The density of the compacted concrete shall be such that the total air voids are

not more than 3%. Core density test shall be carried out in accordance with the relevant IS

codes.

H) Admixtures : The admixture shall be used with consent with the purchaser/ client. The

admixture used shall confirm to IS: 9103-1979 reaffirmed on 1990 or ASTMC-494 of

92.

The following admixtures to be used in concrete:

(i) Accelerating Admixtures,

(ii) Retarding Admixtures,

(iii) Water Reducing Admixtures,


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(iv) Air Entraining Admixtures,

The admixtures used in concrete shall be from reputed manufacturers such that Phosrock

as per relevant IS code.

Pumping of Concrete : The ability of concrete to be pumped relies on combination of,

(i) Properties of concrete: Ratio of maximum aggregate size to pipe line diameter

and workability. Nominal aggregate size not exceeding one-fifth of the pipe line

diameter. Fine Aggregate content is up to 5% higher than for a normal well designed

mix. Slump is over 50 mm preferable 75 mm. Cement content is over 300 kg/m3 or

the weight of cement plus fine aggregate before 300 micron is over 1.75 free water

content.

20. No separate payment for restoring vattas before and after cutting of joints or

damaged on any account shall be made. Such vattas shall be restored immediately by

the contractors. After curing period is over, the vattas shall be removed thoroughly,

without keeping behind any vatta impression and without damaging the surface

texture of the slab.


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APPENDIX -A Table - 1 INDIAN STANDARDS (IS AND IRC) FOR

CONSTRUCTION AND QUALITY CONTROL. MATERIALS Specification Specification Method of Test Sampling Cement OPC IS : 8112 (Gr.43) IS : 4031(Pt.1 to 14) IS : 4879 IS : 12269 (Gr.53) IS : 4032 Fly Ash IS 3812 Aggregate Coarse & Fine IS : 383 IS : 2386(Pt.l to 8) IS : 2430 Water IS : 456 Admixture for concrete IS : 9103 Performed fillers for IS :1838 (Pt. l&2) IS :10566 Expansion joints Hot applied sealing IS :1834 of 1984 compound for joints Primer IS 3384 of 1986 Polysulphide base joint sealant One part grade IS : 11433(Pt.l) IS : I 1433(Pt.2) Two part grade IS : 12118(Pt.l) IS : 12118(Pt.2) Standard sand for IS : 650 IS : 8142 testing of cement Test sieving Concrete mix design IS :10262 IRC : 44 of 1976 IRC : 59 Concrete strength IS : 516 Splitting Tensile strength IS : 5816 of concrete cylinders Concrete sampling and analysis IS : 1199 Setting Time IS : 8142 Permeability IS : 3085 Abrasion resistance IS : 9284 Accelerated strength testing IS : 9013 IS : 85 Ready mixed concrete IS : 4926 Precast concrete kerbs IS : 5758 Precast concrete cable cover IS : 5820


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APPENDIX -B

Thane Municipal Corporation, Thane Minor Bridges/ Culverts

Sub: Chart showing frequency of test results to be carried out at R.M.C. plant Sr. No

Material/ Items Name of Test Frequency of test

1 Sand Sieve analysis 1 test/ day F.M. 1 test/ day Silt Content 1 test/ day Moisture Content 2 test/ day

Specific Gravity 1 test for each source & subsequently on monthly basis

2 Metal 1 Grading 1 test/ day

Impact Value 1 test for each source & subsequently on monthly

basis

Abrasion Value 1 test for each source & subsequently on monthly

basis Water Absorption 1 test/ day Soundness 1 test for each source & subsequently on monthly

basis

Alkali Aggregate Reactivity

1 test for each source & subsequently on monthly basis

Flakiness Index 1 test for each source & subsequently on monthly basis

3 Metal 2 Grading 1 test/ day

Impact Value 1 test for each source & subsequently on monthly

basis

Abrasion Value 1 test for each source & subsequently on monthly

basis Water Absorption 1 test/ day Soundness 1 test for each source & subsequently on monthly

basis

Alkali Aggregate Reactivity


Flakiness Index


4 Cement All tests 1 test / source. Besides the contractor will submit daily test data on cement released by manufacturer

5 Water Chemical tests 1 test /source and additional if required by Engineer in charge.


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Thane Municipal Corporation, Thane Minor Bridges/ Culverts

Sub: Chart showing frequency of test results to be carried out at site.

Sr. No. Material/ Items Name of Test Frequency of test

1 Subgrade CBR/K value 1 test /Km 2 WBM Grading 1 test / 100 Cu.M. Impact value 1 test / 200 Cu.M. Abrasion value 1 test / 200 Cu.M. Flakiness Index 1 test / 200 Cu.M. Elongation Index 1 test / 200 Cu.M. Water Absorbtion 1 test / 200 Cu.M. CBR 1 test /Km

3 Wedge Shear elemental layer

CBR 1 test /Km

4 Concrete Slump test 1 test /load at both plant and site .

M 100 Cube Test -- M 100 rolled PCC CBR -plate load test 1 test/ lane/Km Field density 3 test/2000 Sq.m. Cube Test -- M 150 Cube test 6 Cubes / 50 cum or less M 200 Cube test 6 Cubes / 50 cum or less M 400/M350 Cube test 6 Cubes / 50 cum or less Beam Test 3 Beams / 50 cum or less

Core strength of 100 mm dia. core

One per Km Per Lane or As directed by Engineer-in-charge

5 WMM i) Impact Value One test / 200 m3. aggregate ii) Grading One test / 100 m3. aggregate

iii) Flakiness & Elongation Index One test / 200 m3. aggregate

iv) Atterberg limits One test / 100 m3. aggregate

v) Density of compacted layer One test / 500 m2.

6 GSB i) Gradation One test / 200 m3. ii) Alter berg limits One test / 200 m3. iii) Moisture Content One test / 200 m3.

v) Density of compacted layer One test / 500 m2.

7 Structural Steel Point load test Tensile strength Per 25.0 M.T.


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CHAPTER V.

GENERAL DESCRIPTION OF WORK

1. The scope of work covered under the present tender is to construct culverts/minor bridges over nallas on Ghodbunder road in Thane Municipal Limits..

2. LOCATION & SCOPE OF WORK. The work is situated within Thane Municipal Corporation Limit. The work is to be

carried on Ghodbunder road .TMC is presently carrying out the widening of service

roads on either sides of Ghodbunder road. This is one of the busiest road in Thane

City. The work includes construction of box type minor culverts, portals ,minor

bridges with slabs as per requirement of the site, including diversion of water,

temporary cofferdam etc. For more details regarding levels, grades, cross-sections,

specifications, mode of construction, quantum of work etc., please refer various

cross sections attached to the tender documents, item wise specifications, Schedule-

B and other documents in the contract. The contractors are deemed to have

inspected and studied, the site condition regarding the work already done, fresh

work to be done, and other structures, and other site and traffic condition etc. before

quoting his rate for the work. In case of any variations in respect of technical details,

the details given in Schedule - B, item wise specifications and other specifications

and conditions given in the contract shall govern. In respect of details given in

regarding site condition, the department does not claim that these details are fully

correct and exhaustive. The Contractor should verify the site conditions and be

thoroughly conversant with all site conditions/details etc. before quoting and no

claims on any account due to variations in the information's in the given site

conditions etc. will be accepted by the department. The contractors should study and

assess these conditions fully before quoting the rates.

3. TYPES OF WORK :

3.1 READ MIX CEMENT CONCRETE WORK FOR RCC WORK IN M-35 GRADE:


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The M-35 grade of concrete is proposed for widening of existing culverts and constructing RCC Box culverts. The specification of Ready Mix Concrete

3.2 EXPANSION JOINT:

This should be of single strip modular type expansion joint material inclusive of German imported edge beams and elastomeric strip seal along with indigenous fabricated anchorage system for fixing the deck for movement of 1/-35 mm (total 70 mm) as per MORT&H specification under supervision of specified manufacturer.

3.3 EARTHWORK: The earth work in embankment from foundation to the required level shall be done in

15 to 20 cm. layers with power roller as per specifications attached.

3.4 Deleted

3.5 GRANULAR SUB-BASE (WEDGE SHEAR ELEMENTAL LAYER):

To be provided as per specification and as per the final crust design as directed by

Engineer in charge.

Metal for Wedge Shear Elemental Layer (W.S.E.L.):

It shall be of basaltic origin, hard and durable free from soft, weathered or

decomposed parts, clay, organic or other deleterious matter. Rock which is fractured,

porous or otherwise physically weak will not be permitted for use.

The broken rubble stones shall be generally of the same specification as per soling

stones provided in the size 15 to 23 cm size laid flat. Above the soling stones to

ensure the purpose of wedge shear effect to realize, quarry run stones material shall

be wedged in thereafter aggregates of IRC grade-3 size as per Table-2 shall be

provided for a loose thickness of 75mm so as to fill up the voids and ensure rolling of

the layer with vibratory roller.


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3.6 WATER BOUND MACADAM: To be provided as per specification and as per the final crust design as directed by

Engineer in charge.

The aggregates for the water bound macadam shall be crushed or broken

stone which shall be hard, durable and free from excess of flat, elongated soft and

disintegrated particles dirt and other objectionable matter. The aggregates shall

conform to the physical requirements set forth in table –1 and to the sizes and

grading indicated in table-2, conforming to MOST specification.

Table-1 Physical requirements of coarse Aggregates for Water Bound Macadam Test Test Method Requirement a) Los Angles Abrasion Value (*) OR Aggregate Impact Value

IS : 2386 (Part – IV) IS : 2386 (Part – IV) OR IS : 5640

40% Max 30% Max

b) Flakiness Index (**) IS : 2386 (Part – I)

15% Max

* Aggregates may satisfy requirements of either of the two tests. ** The requirements of flakiness index shall be enforced only in case of crushed broken stone. Table-2 Grading requirements of coarse aggregates for water bound macadam (As per specifications for roads & bridge works Ministry of Transport) IRC Grading No.

Size Range Sieve Designation Percent by weight Passing the sieve

1 90 mm 45 mm

90mm 63mm 45mm 22.4mm

100 25-60 0-15 0-5

3 53 mm 22.4 mm

53 mm 45 mm 22.4 mm 11.2 mm

100 65-90 0-10 0-5


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Screening Materials :

Screening materials to fill voids in coarse aggregates shall consist of same material as

of coarse aggregate. Grading for screening materials shall be as per Table-3.

Table-3 Grading for Screening Grading Claasification

Size of Screenings

Sieve Designation Percent by weight Passing the sieve

A 13.2 13.2 mm 11.2 mm 5.6 mm 180 micron

100 95-100 15-35 0-10

B 11.2 11.2 mm 5.6 mm 180 micron

100 90-100 15-35

The consolidated details of quantity of coarse aggregates and screenings required for

various grades of WBM are given in Table–4. The frequency of various tests to be

conducted are given in Table-5.

Table-4 Approximate quantities of coarse aggregates and screenings required for water bound macadam sub base / base course for 10 sq. m. Classification

Size Range

Compacted Thickness

Loose Quantity

Stone grading classification

Screenings for WBM/Sub base/ base coarse (Loose Qty.)

Grading-1 90 mm 45 mm

100 mm 1.21 to 1.43 cum

Type-A 13.2 mm

0.27 to 0.30 cum

Grading-3 53 mm 22.4 mm

100 mm 1.21 to 1.43 cum

Type-B 11.2 mm

0.27 to 0.30 cum

Table-5


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Tests for W.B.M. Sr. No. Test Test Method Minimum desirable

frequency 1 Los Angeles Abrasion value /

Aggregate Impact Value IS : 2386 (Part – IV)-1983

1 test per 200 cum

2 Grading of Aggregates & screenings

IS : 2386 (Part – I)-1963

1 test per 100 cum

3 Flakiness Index of Aggregates

IS : 2386 (Part – I)-1983

1 test per 200 cum

4 Control of grade , camber, thickness and surface finish

regularly

3.8 WEARING COURSE FOR MAIN CARRIAGE WAY/SERVICE

ROAD : These shall consist of in situ M35 of trap / granite / quartzite / gniess metal including

compacting, finishing, curing and filling in joints with bitumen of 8 cm thick and as

per specification attached.

3.9&3.10 deleted.

3.11 DRAINS & CD WORKS: These shall consist of cast in situ/ ready mix concrete for RCC Box Culverts or

portals with abutments & raft at the bottom as necessary as per typical section &

specifications attached.

3.12 RETAINING WALL A wall of B.B. masonry / RCC as per requirement and tender provision is to be

constructed for property / structural protection as necessary as per typical section &

specifications attached.

4. SITE CONDITIONS: The contractors are deemed to have studied the site conditions including the

constraints regarding transport. This is heavy traffic road. They should also be


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familiar with availability of suitable materials, constrains on their storage,

availability of labour, weather and climatic conditions, and are deemed to have

estimated their rates accordingly. The information here in above and provided

elsewhere is given in good faith by the employer but the contractor shall satisfy

himself regarding all aspects of site conditions and no claim shall be entertained on

the plea that the information supplied by the Engineer erroneous or insufficient.

5. CONTRACT DRAWINGS: The Contract drawings provided for tendering purpose has enclosed with these tender

Documents and it shall be used for reference and guidance only.

Two copies of working drawings, on the basis of which actual execution of the work

is to proceed, shall be furnished free of cost to the Contractor by the City Engineer

from time to time as per program of execution approved by the City Engineer.

The Contract Drawing will also include any other Drawings which the Engineer may

issue from time to time during the currency of the Contract.

The tendered rates/prices for the work shall be deemed to include the cost of

preparation, supply and delivery of all necessary drawings, prints, tracings and

negatives which the Contractor is required to provide in accordance with the

Contract. No examination or approval by the “Engineer” of any drawing or other

documents submitted by the Contractor shall relieve the Contractor of his

responsibilities or liabilities under the Contract.

6. The works specified under this contract shall include all general works preparatory to the construction of roads, drainage work and all other things, requisites and work of any kind necessary for the due and satisfactory construction, completion and maintenance of the works to the intent and meaning of the drawings and the specifications and further drawings and orders that may be issued by the City Engineer from time to time, compliance \by the Contractor with all general conditions of Contract, whether specifically mentioned or not in the Clause of this specification. All materials, apparatus, plant, machinery, tools, fuel, water, strutting, timbering and tackle of every description, transport, offices, stores workshop, staff labour and the provision of proper and sufficient protective works, diversion, temporary fencing. lighting and watchmen and safety equipment required for the


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safety of the public and protection of the works at all stages and after completion of work upto the end of guarantee period and adjoining land, first aid equipment, sanitary arrangement for the staff and workmen, the effecting and maintenance of all insurances, the payment of wages, salaries, feews, royalties, duties, taxes, levies or the other charges arising out of the execution of the works and the regular clearance of rubbish, reinstatement and clearing up and leaving perfect of completion. The contractors shall pay the environmental cess on murum and rubble levied by the competent authorities. The contractors shall also pay the royalties as directed by the competent authorities.

TECHNICAL SPECIFICATIONS:

7. GENERAL GUIDELINES FOR TECHNICAL SPECIFICATIONS: The specifications for various items to be followed are as per M.O.R.T.H August

2001 Specification for Road and Bridge Works - Latest revision and “ Maharashtra

P.W.D. Standard Specification”

In the absence of any definite provisions on any particular item in the aforesaid

specifications, and additional specifications given herein after, referenced may be

made to latest I.R.C. Codes of practice, B.I.S. specification and Indian Railway

Codes in that order. Where even these are silent the construction and completion of

the items shall conform to the Sound Engineering practice and in case of dispute

arising out of the interpretation of the above, the decision of the City Engineer shall

be final and binding on the Contractors. In brief the order in which the specifications

of the work are to be followed shall be as follow.

(1) M.O.R.T.H august 2001 specification for Road and Bridge Works Latest

Revision

(2) Maharashtra P.W.D. Standard Specifications.

(3) Indian Roads Congress specifications.

(4) Bureau of Indian Standards specifications.

(5) Indian Railway Standard.

(6) Sound Engineering Practice.

The abbreviations I.R.C., M.O.R.T.H August 2001., B.I.S. shall be

considered to have the following meaning -

(1) M.O.R.T.H. - Ministry of Road Transport & Highway


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(2) I.R.C. - Indian Road Congress.

(3) B.I.S. - Bureau of Indian Standards.

The codes of practice, standards and specification applicable shall be those existing

as on one month prior to the last date for submission of tender.

In so far as any stipulations made herein conflict or are inconsistent with any of the

provisions of M.O.R.T.H. Specifications (Red Book), I.R.C. Codes of practice, the

Stipulation made herein shall prevail.

8. Providing of site office for supervisory staff of Department of TMC and

Quality Control:

The contractor shall have to make arrangement for providing accommodation for

office for the P.W. Departmental staff and laboratory for quality control etc. as stated

in Clause no. 2.15, Chapter no. IV of this tender document.

The contractor shall also provide following instrument in 2 sets for TMC staff

for

each road site.

i) Measuring tape - Freeman make (30 m) - 2 no.

ii) Steel tape - Freeman make (3 m) (5 m) - 2 no.

iii) Steel Scale - 30 cm & 15 cm. - 1 no each

iv) Camber plate - Allunimium camber plate

v) Thermometer - Digital (protable) with steel probe – 1 no.

capacity min. -50 to max. 2000C.

vi) Stationery - as required for work.

9. SUSPENSION OF WORKS: The Contractor shall, on the written order of the City Engineer, suspend the

progress of the works of any part thereof for such time or times and in such manner

as the City Engineer may consider necessary and shall during such suspension

properly protect and secure the work, so far as it is necessary in the opinion of the

City Engineer.

If the suspension in sub-clause is ordered for no fault of the Contractors.


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i) The Contractor shall be entitled to a reasonable extension of time

10. DEFECT LIABILITY :( Default Guarantee)

A) Defect liability period for Structural members is sixty(60) months and for non structural members is twenty four months from the date of completion. This period will be counted from the date of substantial completion of work.

During defect liability period any cracks on surfaces, exposure of reinforcement, water leakages through top slab or any damage occurred contractor will have to redo the same, at his own cost.

Contractor will have to seal the longitudinal & transverse joints with appropriate material with his own cost once in a year especially in the month of April or May throughout the defect liability period.

B) For Sub base & base of approach road Works :

Defect liability period for non structural work shall be twenty four months.

i) During contract period, settlement or of pavement, cracks or any damages occurred incase of chambers & dislocation & damages of median etc. are occurred, contractor will have to redo the same, at his own cost..

ii) During defect liability period, settlement of pavement, cracks or of of side shoulder, cracks & dislocation of paver blocks, any damages occurred incase of chambers & dislocation & damages of median etc. are occurred, contractor will have to redo the same, at his own cost. It will be recovered from bank guarantee submitted by contractor or from security deposit recovered from bills.

NOTE : For any damages done to the executed work by other agencies which are not in the control of contractor, from the period of commencement till the end of maintenance period, contractor will have to rectify the work & payment for rectifying the same will be made as per sanctioned rate.

11. EXCAVATION & TRENCHING: All trenches 1.5 meters or more in depth shall height all times be supplied with at

least one ladder for each 30 meters in length or fraction thereof. Ladder shall be


71

extended from bottom of trench to at least one meter above surface of the ground.

Sides of a trench which is 1.5 meters or more in depth shall be stepped back to give

suitable slope, or Security held by timber bracing, so as to avoid the danger of sides

collapsing, excavated materials shall not be placed with 1.5 meters of edge of trench

or half of depth of trench whichever is more. Cutting shall be done from top of

bottom. Under no circumstance, shall undermining or undercutting, be done.

12. SUB-LETTING OF WORK: The Contractor shall not be permitted to sub-let any of the work. 13. CERTIFICATION OF SUBSTANTIAL COMPLETION WORKS:

On completion and taking over of works or apart of works exclusively stipulated in

the contract documents, all in the accordance with the terms of contract agreement

and further subject to the condition that the completed works ot items of works, as

the may be (In case of phase completion ) the City Engineer will issue a substantial

completion certificate for whole or part of the works as the case may be on receiving

written request from the contractor. The substantial Completion is defined as stage of

the work when it has been completed and made ready for functional use,although

some minor points or insignificant items of work still remain to be completed,

however this minor points and insignificant items should not have any bearing on

the functionality of the item. Provided always that the said substantial certificate

being issued, prior to completion of whole of the works shall not be deem to prompt

requirement of reinstatement of any ground or surface, as may be necessary under

contract provisions.

The completion certificate shall be issued by the City Engineer after completion of

all minors works mentioned in substantial completion of works.

14. No Demand Certificate :- This certificate is to be submitted along with the final bill as per format annexed. 15. No Claim Certificate for labour :- This certificate is to be submitted along with the final bill as per format annexed.

16. Protection of utility services :-


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Tenderer has to take care of all utility services. If the services are damaged,

they are to be rectified by the tenderer at his own cost. Concern agencies will divert

the service. Ducts are provided for services at regular intervals

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CHAPTER VI

DECLARATION OF THE CONTRACTOR (S)

DECLARATION OF THE CONTRACTOR

I/We, hereby declare that I/We have made myself/ourself thoroughly conversant with the sub-

soil conditions local conditions regarding all materials (such as stone, murum, sand. source of water,

etc.) and Labour of which I/We have based my/our rates of this work. The specifications, conditions,

bore results and lead of materials on this work have been carefully studied and understood by me/us

before submitting this tender. I/We undertake to use only the best materials approved by the. City

Engineer Thane Municipal Corporation, Thane of his duly authorized assistant before starting the

work and to abide by his decision.

I/We have gone through all general conditions of contract, special conditions of contract of the

contract document carefully.

Signature of Contractor (s).

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THANE MUNICIPAL CORPORATION.,

CHAPTER –VII (a)

FORM B-1

Percentage Rate Tender and Contract for Works

General Rules and Directions for the Guidance of Contractor

1. All works proposed to be executed by Contractor shall be notified in a form of invitation to tender

pasted on a board hung up in the office of the Engineer and signed by the Engineer.

This form will state the work to be carried out as well as the date for submitting and opening tenders,

and the time allowed for carrying out the work, also the amount of earnest money to be deposited with

the tender, and the amount of the security deposit to be deposited by the successful tenderer and the

percentage, if any, to be deducted from bills. It will also state whether a refund of quarry fees,

royalties, octroi dues and ground rents will be granted. Copies of the specifications, designs and

drawings and estimated rates, scheduled rates and any other documents required in connection with the

work shall be signed by the Engineer for the purpose of identification shall also be open for inspection

by contractors at the office of the Engineer during office hours.

Where the works are proposed to be executed according to the specifications recommended by a

contractor and approved by a competent authority on behalf of the T.M.C. such specifications with

designs and drawings shall form part of the accepted tender.

2. In the event of the tender being submitted by a firm, it must be signed separately by each partner

thereof, or in the event of the absence of any partner, it shall be signed on his behalf by a person

holding a power of attorney authorizing him to do so.

a) i) The contractor should pay along with the Tender Rs.4,44,620/- (Rupees Four Lakhs

Fourty Four Thousand Six Hundred Twenty only) as and by way of earnest money.

The contractor shall forward along with his tender, Demand Draft / Pay Order of any

Nationalized / scheduled Bank or banks promoted by All India Financial Institution in

Mumbai for the like amount. The said amount of earnest money shall not carry any

interest.

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ii) In the event of his Tender being accepted subject to the provisions 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.

iii) If, after submitting the tender, the contractor withdraws his offer, or modifies the

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

the balance of Security Deposit, within 14 days from the date of letter of intent without

prejudice to any other rights and powers of the T.M.C., hereunder or in law, T.M.C.

shall be entitled to forfeit the full amount of the earnest money deposited by him.

Please see Clause 1 of conditions of contract.

iv) In the event of his tender not being accepted, the amount of earnest money

deposited by the contractor shall unless it is prior thereto forfeited under the provisions

of sub-clause (iii) above, to be refunded to him on his passing receipt thereof.

3. Receipts for payments made on account of any work, when executed by a firm shall also be signed by

all the partners except where the contractors are described in their tender as a firm in which case the

receipt shall be signed in the name of the firm by one of the partners, or by some other person having

authority to give effectual receipts for the firm.

4. Deleted.

5. The Engineer or his duly authorized Assistant shall open tenders in the presence of contractors who

have submitted tenders or their authorized representatives who may be present at the time and he will

enter the amounts of the several tenders in a comparative statement in a suitable form. In the event of a

tender being accepted the contractor shall, for the purpose of identification, sign copies of the

specifications and other documents mentioned in Rule 1. In the event of tender being rejected, the

Engineer shall authorize the Accounts Office concerned to refund the amount of the earnest money

deposited to the contractor taking the tender, on his giving a receipt for the return of the money.

6. The officer competent to dispose of the tenders shall have the right of rejecting all or any of the tenders.

7. Deleted.

8. Deleted.

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9. All work shall be measured out by the standard measure and according to the rules and customs of the

T.M.C. and their rates shall be subject to any local customs.

10. Under no circumstances shall any contractor be entitled to claim enhanced rates for any items in this

contract.

11. Deleted

12. The measurements of work will be taken according to the usual method in use in the T.M.C. and no

proposals to adopt alternative methods will be accepted. The Engineer’s decision as to what is “The

usual method in use in the T.M.C.” will be final.

13. The tendering contractor shall furnish a declaration along with the tender showing all works for which

he has already entered into contract, and the value of the work that remains to be executed in each case

on the date of submitting the tender.

14. PRICE VARIATION IS NOT APPLICABLE TO THIS TENDER.

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TENDER FOR WORKS

1. I/We hereby tender for the execution, for the Thane Municipal Corporation, Thane (hereinbefore and hereinafter referred to as ‘TMC, Thane’) of the work specified in the under written memorandum within the time specified in such memorandum at* ______________________________________________________________________________________________________________________________________

(*in figure as well as in words) percent below/above the estimated rates entered in schedule “B” (memorandum showing item of works to be carried out) and in, accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in rule 1 hereof and clause 13 of the annexed conditions of contract and agree that when materials for the work are provided by City Engineer, TMC, Thane such materials and rates to be paid for them shall be as provided in schedule “A” hereto.

MEMORANDUM

(a) General Description : Construction Of remaining minor bridge/culvert at

various location over nalla on Ghodbunder Road in Thane Municipal corporation

limit under MMRDA Funding.

(b) Estimated Cost : Rs. 4,44,61,970/-

(c) Earnest Money : Rs 4,44,620/- (d) Security Deposit : 5% of tender cost of accepted cost

(e) Mode of deduction

i) Initial @ 2% of accepted cost :

ii) Rest 3% of accepted to be deducted from

Current bills at the rate of 5%

of Gross value of bill. :

Total (5% of accepted tender cost): (f) The Time Period for Completion of Said Work is 12 Month excluding monsoon.

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2. I/We agree that this offer shall remain open for acceptance for a minimum period of 180 days from the date of opening the same and thereafter until it is withdrawn by me/us by notice in writing duly addressed to the authority opening the tenders and sent by registered post A.D. or otherwise delivered, at the office of such authority. The Earnest Money in form of receipted bank challan No.________ date _______________ is herewith forwarded. The amount of Earnest Money shall not bear interest and shall be liable to be forfeited to the TMC, Thane should I/We fail to (i) abide by the stipulation to keep the offer open for the period mentioned above or (ii) sign and complete the contract documents as required by the City Engineer and furnish the security deposit as specified in item (d) of the memorandum contained in para - 1 above within the time limit, laid down in clause (1) of the conditions of the contract. The amount of earnest money may be adjusted towards the security deposit or refunded to me/us if so desired by me/us in writing unless the same or any part thereof has been forfeited as aforesaid.

3. Should this tender be accepted. I/We hereby agree to abide by and fulfill all the terms and provisions of the conditions of contract annexed hereto so far as applicable and in default thereof to forfeit and pay to TMC, Thane the sum of money mentioned in the said condition.

Contractor ____________________________________________________ Name & Address ____________________________________________________ ____________________________________________________ Dated ___________ day of ___________ 2012 ___________ (Witness) ____________________________________________________ Name & Address ____________________________________________________ ____________________________________________________ Occupation ____________________________________________________ The above tender is hereby accepted by me for and on behalf of the Thane Municipal

Corporation. Officer _____________________________________________________________ Dated _____________________ day of _____________ 2012.

City Engineer

Thane Municipal Corporation, Thane

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CHAPTER: VII – (b)

CONDITIONS OF CONTRACT

Security Deposit

CLAUSE 1 : The person / persons whose tender may be accepted (hereinafter called “the

contractor” which expression shall unless excluded by or repugnant to the context include its

heirs, executors, administrators, and assigns) shall (A) within 10 days (which may be extended

by the Engineer concerned upto 15 days if he thinks fit to do so) of the receipt by him of the

notifications of the acceptance of his tender, deposit with the Engineer (if deposited for more

than 12 months) of sum sufficient which will make up the full security deposit specified in the

tender or (B) (Permit T.M.C. at the time of making any payment to him for work done under the

contract to deduct such sum as will amount to five percent of all moneys so payable such

deductions to be held by the T.M.C. by way of security deposit) provided always that in the

event of the 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 five percent of the

total estimated cost of the work, it shall be lawful for T.M.C. at the time of making any payment

to the contractor for work done under the contract to make up the full amount of two and a half

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 the T.M.C. 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 or may become due by T.M.C. to the contractor under any other

contract or transaction of any nature on any account securities endorsed as aforesaid, any sum or

sums which whatsoever and in the event of his security deposit being reduced by reason of any

such deduction or sale as aforesaid, the contractor shall, within ten days thereafter, make good in

cash or Government may have been deducted from, or raised by sale of his security deposit or

any part thereof. The security referred to when paid in cash may at the cost of the depositor, be

converted into interest bearing securities provided that the depositor has expressly desired this 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 / contract already accepted shall be considered as cancelled and

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

deposit lodged by a contractor shall be refunded after the completion of defect liability period

(DLP) which is 60( Sixty) months for this work i.e. up to which the contractor has agreed to

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

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

the work in good order then subject to provision of Clause 17 and 20 hereof the amount of

Security Deposit retained by T.M.C. shall be adjusted towards the excess cost incurred by the

T.M.C. on rectification work.

Compensation for delay

CLAUSE 2 : The time allowed for carrying out the work (excluding monsoon period) as

entered in the tender shall be strictly observed by the contractor and shall be reckoned from the

date on which the order to commence work is given to the contractor. The work shall

throughout the stipulated period of the contract be proceeded with all due diligence (time being

deemed to be of the essence of the contract on the part of the contractor) and the contractor shall

pay as compensation an amount equal to one percent or such smaller amount as the Chief

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 remain un-

commenced, or unfinished, after the proper dates. And further to ensure good progress during

the execution of the work, the contractor shall be bound, in all cases in which the time allowed

for any work exceeds one month to complete.

Refer Mile Stone Table under Special conditions of contract.

Action when whole of security deposit is forfeited.

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

rendered himself to pay compensation amounting to whole of his security deposit (whether paid

in one sum or deducted by installments) or in case of abandonment of the work owing to serious

illness or death of the contractor or any other cause the Chief Engineer on behalf of the M.C of

T.M.C., shall have power to adopt any of the following courses as he may deem best suited to

the interest of the T.M.C..

a)The rescind the contract (for which decision notice in writing to the contractor under the hand of

Chief Engineer shall be conclusive evidence) and in that case the security Deposit of the

contractor shall stand forfeited and be absolutely at the disposal of T.M.C..

b)To carry out the work or any part of the work departmentally debiting the contractors with cost

of the work, expenditure incurred on tools and plant and charges on additional supervisory staff

including the cost of the work charges establishment employed for getting the unexecuted part of

the work completed and crediting him with the value of the work done departmentally in all

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

the terms of this contract. The certificate of the Engineer as to the cost and other allied expenses

so incurred and to the value of the work so done departmentally shall be final and conclusive as

against the contract.

c)To order that the work of the contractor be measured upto date such part thereof as shall be

unexecuted out of his hands and to give it to another contractor to complete in which case all

expenses incurred on advertisement for fixing new contracting agency, additional supervisory

staff including the cost of work charged establishment and cost of the work executed by the new

contract agency will be debited to the contractor and the value of the work done or 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 contractor under the terms of

this contract. The certificate of the Engineer as to all the cost of the work and other expenses

incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as

per the value of the work so done be final and conclusive against the contractor.

In case the contract shall be rescinded under Clause (a) above the contractor shall be entitled to

recover or be paid any sum for any work therefore actually performed by him under this contract

unless and until the Engineer shall have certified in writing the performance of such work and

the amount payable to him in respect thereof and he shall only be entitled to be paid the amount

so certified, in the event of either of the course referred to in Clause (b) or (c) being adopted and

the cost of the work executed departmentally. Or through a new contractor and other allied

expenses exceeding the value of such work credited to the contractor, the amount of excess shall

be deducted from any money due to the contractor by T.M.C. under the contract or otherwise

however for, from his Security Deposit or the sale proceed thereof provided however the

contractor shall have no claim against T.M.C. even if certified cost of such work and allied

expenses, whichever of three courses mentioned in Clauses (1), (b) or (c) is adopted by the

Engineer the contractor shall have no claim to compensation for any less sustained by him by

reasons of his having purchased procured any materials or entered into any engagements or

made any advances on account of or with a view to the execution of the work of the performance

of the contract.

Action when the progress of any particular portion or the

CLAUSE 4 : If the progress of any particular portion of the work is unsatisfactory, the

Engineer shall notwithstanding that the general progress of the work is in accordance with the

conditions mentioned in Clause 2, be entitled to take action under Clause 3 (b) after giving the

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work is unsatisfactory

contractor 10 days notice in writing. The contractor will have no claim for compensation, for

any loss sustained by him owing to such action.

Contractor remains liable to pay compensation if action is not taken under Clause 3 & 4 Power to take possession of required removal of or sale of contractor’s plant.

CLAUSE 5 : In any case in which any of the powers conferred upon the Chief Engineer by

Clause 3 and 4 hereof shall have become exercisable and the same shall not constitute a waiver

of any of the conditions hereof and such powers shall notwithstanding be exercisable in the

event any future case of default by the contractor for which under any clause or clauses hereof

he is declared liable to pay compensation amount to the whole of his security deposit and the

liability of the contractor for past and future compensation shall remain unaffected. In the event

of the Chief Engineer taking action under sub-clause (a) or (c) of Clause 3, he may, if he so

desires, take position of all or any tools, land, materials and stores in or upon the work or the site

thereof or belonging to the contractor, or procured by him and intended to be used for the

execution of the work or any past thereof paying or allowing for the same in account at the

contract rates or in the case of contract rates not being applicable at current market rates, to be

certified by the Engineer may, after giving notice in writing to the contractor or his clerk of the

work, or foreman or other authorized agent require him to remove such tools, plant, materials or

stores from the premises within a time to be specified in such notice and in the event of the

contractor failing to comply with any such requisition the Engineer may remove them at the

contractor’s expense or sell them by auction or private sale on account of the contractor and at

his risk in all respects, and the certificate of the Engineer as to the expense of any such removal

and the amount of the proceeds and expense of any such be final and conclusive against the

contractor.

Extension of time

CLAUSE 6 : If the contractor shall desire an extension of the time for completion of work on

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

shall apply in writing to the Engineer before the expiration of the period stipulated in the tender

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

which the cause for asking for extension occurred, whichever is earlier and the Engineer, may if

in his opinion there was reasonable grounds for granting an execution, grant such extension as

he thinks necessary or proper. The decision of the Engineer in this matter be final.

Final Certificate

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

the Engineer (hereinafter called the Engineer) of such completion but no such certificate shall be

given nor shall the work be considered to be complete until the contractor shall have removed

from the premises on which the work shall have been executed all scaffolding, surplus materials

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and rubbish, and shall have cleaned off the dirt from all wood work, doors, windows, walls, floor

or other parts of any building in or upon which the work has been executed or of which he may

hand possession for the purpose of executing the work nor until the works shall have been

measured by the Engineer or where the measurement have been take by his subordinates until

they have received the approval of the Engineer, the said measurements being binding and

conclusive against the contractor. If the contractor fails to comply with the requirements of this

clause as to the removal of scaffolding, surplus materials and rubbish and cleaning of dirt on or

before the date fixed for the completion of the work the Engineer may at the expense of the

contractor remove such scaffolding, surplus materials and rubbish and dispose off 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 sale thereof.

Payments on intermediate certificates to be regarded as advances

CLAUSE 8: No payment shall be made for any work, estimated to cost less than rupees one

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

completion given. But in the case of works estimated to cost more than rupees one thousand, the

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

proportionate to the part work then approved and passed by the Engineer, whose certificate of

such approval and passing of the sum so payable shall be final and conclusive against the

contractor. All such intermediate payments shall be regarded as payments by way of advance

against the final payments only and not as payments for works actually done and completed, and

shall not preclude the Engineer from requiring any bad, unsound, imperfect or unskilled work to

be removed or taken away and reconstructed or re-erected nor shall any such payment be

considered as an admission of the date performance of the contract or any part thereof in any

respect or the accruing of any claim, nor shall it conclude, determine, or affect in any other way

the powers of the Engineer as to the final settlement and adjustment of the accounts or otherwise

or in any other way vary or effect within one month of the date fixed for the completion of the

work, otherwise the Engineer’s certificate of the measurements and of the total amount payable

for the work shall be final and binding on all parties.

Payment at reduced rates on account of items of work not accepted as completed to

CLAUSE 9: The rates for several items of works estimated to cost more than Rs.1,000 agreed

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 may make payment on account of such items at such

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be at the discretion of Engineer

reduced rates as he may consider reasonable in the preparation of final or on account bills.

Bill to be submitted monthly

CLAUSE 10: A bill shall be submitted by the contractor each month on or before the date fixed

by the Engineer for all work executed in the previous month and the Engineer shall take or cause

to be taken the requisite measurement for the purpose of having the same verified and the claim,

so far 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

may depute a subordinate to measure up the said work in the presence of the contractor or his

duly authorized agent whose counter signature to the measurement list shall be sufficient

warrant, and the Engineer may prepare a bill from such list which shall be binding on the

contractor in all respects.

Bill to be on printed forms

CLAUSE 11: The contractor shall submit all bills on the printed forms to be had on an

application at the office of the Engineer. The charges to be made in the bills shall always be

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

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

provided for such work.

Store supplied by T.M.C.

CLAUSE 12 : If the specification or estimate of the works provides for the use of any special

description of materials to be supplied from the store of the T.M.C. or if it is required that the

contractor shall use certain stores to be provided by the Engineer (such material and stores and

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

convenience of the contractor but not so as in any way 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 and stores as may be required from time to time to be used by him

for the purposes of the contract only, and the value of the full quantity of the materials and stores

so supplied shall be set off or deducted from any sums thank due or 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 government securities the same or a sufficient

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

shall remain the absolute property of T.M.C. and shall on no account be removed from the site

of the work and shall at all times be open to inspection by the Engineer. Any such materials

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unused and in perfectly good in writing given under his hand but the contractor shall not be

entitled to return any such material except with consent of the Engineer and he shall have no

claim for compensation on account of any such material supplied to him as aforesaid but

remaining unused by him or for any wastage in or damage to any such materials.

Works to be executed in accordance with specifications, drawings, orders etc.

CLAUSE 13: The contractor shall execute the whole and every part of the work of the most

substantial and workman like manner and both as regards materials and in every other respect in

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

faithfully to the designs, drawings and instructions in writing relating to the work signed by the

Engineer and lodged in this office to which the contractor shall be entitled to have access for the

purposes of inspection such office or on the site of work during office hours. The contractor will

be entitled to receive three sets of contract drawings as well as one certified copy of the accepted

tender along with the work order free of cost. Further copies of the contract drawings and other

working drawings, if required by him, shall be supplied at Rs.1000/- per set.

Alternative in specification and designs not to invalidate contracts. Rates for works not entered in estimate, for schedule of rates of the district.

CLAUSE 14 : The Engineer shall have power to make any alteration in or additions to the

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

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

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

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

any additional work which the contractor may be directed to do in the manner above specified as

part of the work shall be carried out by the contractor on the same conditions in all respects 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 includes any class of work for which no rate

is specified in this contract then such class of work shall be carried out at the rates entered in the

Schedule of Rates of the Division or at the rates mutually agreed upon between the Engineer and

the contractor, whichever are lower, if the additional or altered work for which no rate is entered

in Schedule of Rates of Division, is ordered to be carried out before the rates are agreed upon

then the contractor shall, within seven days of the date of receipt by him of the order to carry out

the work, inform the Engineer of the rate which it is his intention to charge for such class of

work, and if the Engineer does not agree to this rate he shall by notice in writing be at liberty to

cancel his order to carry out such class of work, and arrange to carry it out in such manner as he

may consider advisable, provided always that if the contractor shall commence work or incur

expenditure in regard thereto before the rates shall have been mentioned as lastly herein before

mentioned, then in such case he shall only be entitled to be paid in respect of the work carried

86


out or expenditure incurred by him prior to the date of the determination of the rate as aforesaid

according to such rate of rates as shall be fixed by the Engineer. In the event of a dispute, the

decision of the Engineer of the T.M.C. will be final.

Where, however, the work is to be executed according to the designs, drawings and

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

alterations above referred to shall be within the scope of such designs, drawings and

specifications appended to the tender.

Extensions of time in consequence of additions or alterations

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

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

work, and the certificate of the Engineer as to which proportion shall be conclusive.

No claim to any payment or compensation for alteration in or restriction of work

CLAUSE 15 : (1) If at any time after the execution of the contract documents, the Engineer

shall for any reason whatsoever (other than default on the part of the contractor for which the

T.M.C. is entitled to rescind the contract) desire that the whole or any part of the work specified

in the tender should be suspended for any period or that the whole 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 as

required, after having due regard 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 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 and conclusive against the

contractor. The contractor shall have no claim to any payment or compensation whatsoever by

reasons 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 work ordered as aforesaid continued for a continuous

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

obligation under the contract so far as it pertains to the un-executed part of the work by

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

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

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

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

remaining un-executed work under this contract. On receipt of such notice the Engineer

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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.

(3) Where the Engineer requires the contractor to suspend the work for a period in excess of 30

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

Engineer within 30 days of the resumption of work 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 account of his having had 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 this respect.

No claim to compensation on account of loss due to delay of materials by T.M.C.

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

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

such curtailment to produce to 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 for stoppage, suspension or curtailment and required the T.M.C. to take over

on payment, such materials at the rates determined by the Engineer. The T.M.C. shall

thereafter take over the material so offered, provided the quantities offered are not in excess

of the requirements of the un-executed work as specified in the accepted tender and are of

quality and specification approved by the Engineer.

CLAUSE 15-A : The contractor shall not be entitled to claim any compensation from

T.M.C. for the loss suffered by him on account of delay by T.M.C. in the supply of materials,

entered in Schedule-A where such delay is caused by -

i) Difficulties relating to the supply of railway wagons.

ii) Force Major

iii) Act of God

iv) Act of enemies of the State or any other reasonable cause beyond the control of T.M.C..

In the case of such delay in the supply of materials T.M.C. shall grant such extension of time

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

accordance with the circumstance of the case. The decision of the Chief Engineer as to the

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

CLAUSE 16 : Under no circumstance whatever shall the contractor be entitled to any

compensation from T.M.C. on any account unless the contractor shall have submitted a claim

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

CLAUSE 17 : If at any time before the security deposit is refunded to the contractor it shall

appear to the Engineer or his subordinate in charge of the work, that any work has been

executed with unsound, imperfect or unskillful workmanship of with materials of inferior

quality, or that any material or articles provided by him for the execution of the work are

unsound, or of a quality inferior to that contracted for, or are otherwise not in accordance with

the contract it shall be lawful for the Engineer to intimate this fact in writing to the contractor

and then notwithstanding the fact, the work, materials or articles complained of may have

been in advertently 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 at his own charge and cost and

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

written intimation aforesaid, the contractor shall be liable to pay compensation at the rate of

one percent on the amount of the estimate for every day not exceeding 10 days, during which

the failure so continue and in the case of any such failure the Engineer may rectify or remove

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

case may be at the risk and expense in all respects of the contractor. Should the Engineer

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

use of it shall be within his discretion to accept the same at such reduced rates as he may fix

therefore.

Works to be open to inspection

CLAUSE 18 : All works under or in course of execution or executed in pursuance of the

contract shall at all times be open to the inspection and supervision of the Engineer and his

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

other times at which reasonable notice of the intention of the Engineer or his subordinate to

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

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Contractor or responsible agent to be present

orders and instructions, or have a responsible agent duly accredited in writing present for that

purpose. Orders given to the contractor’s duly authorized agent shall be considered to have

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

Notice to be given before work is covered up

CLAUSE 19 : The contractor shall give not less than seven days notice in writing to the

Engineer 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 is so covered up or placed

beyond the reach of measurement any work without the consent in writing of Engineer or his

subordinate in charge of the work, and if any work shall be covered up or placed beyond the

reach of measurement without such notice having been given or consent obtained the same

shall be uncovered at the contractor’s expense, and in default thereof no payment or

allowance shall be made for such work or for the materials with which the same was

executed.

Contractor liable for damage done, and imperfection

CLAUSE 20 : If during the period of Sixty months from the date of completion as

certified by the Engineer pursuant to Clause 7 of the contract if in the opinion of the

Engineer, the said work is defective in any manner whatsoever, the contractor shall forthwith

on 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

rectifying and setting right the defect specified therein including dismantling and

reconstruction of unsafe portions strictly in accordance with and 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 the period prescribed thereof in

the said notice and / or to complete the same as aforesaid as required by the said notice. The

Engineer get the same executed and carried out departmentally or by any other agency at the

risk on account and at the cost of the contractor. The contractor shall forthwith on demand

pay to the T.M.C. amount of such costs, charges and expenses sustained or incurred by the

T.M.C. of which the certificate of the Engineer shall be final and binding on the contractor.

Such costs, charges and expenses shall be deemed to be arrears of land revenue and in the

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

prejudice to any other rights and remedies of the T.M.C.; the same may be recovered from

the contractor as arrears of land revenue. The Government shall also be entitled to deduct

the same from any amount which may then be payable or which may thereafter become

payable by the T.M.C. to the contractor either in respect of the said work or any other work

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whatsoever or from the amount of security deposit detained by T.M.C..

Contractor to supply plant ladders, scaffolding etc. And is liable for damages arising from non-provisions of lights, fencing etc.

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

T.M.C. stores), plant, tools, appliances, implements, ladders, cordage, tackle scaffolding,

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

or substituted form, and whether included in 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 as to pay matter as

to which under these conditions he is entitled to be satisfied, or which he is entitled to

require together with carriage therefore 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 works, and counting, weighing and assisting in the measurement or

examination at any time and from time to time of the work or the materials. Failing this the

same may be provided by the Engineer at the expense of the contractor and the expenses

may be deducted from any money due to the contractor under the contract 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 proceedings, that may be brought by any person for injury sustained owing to neglect

of the above precautions and to pay any damages and costs which may be awarded in any

such suit, action or proceedings to any such person or which may with the consent of the

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

CLAUSE 21-A : The contractor shall provide suitable scaffold and working platforms

gangways and stairways and shall comply with the following regulations in connection

herewith -

a) Suitable scaffolds shall be provided for workmen for all works that cannot be safely done

from a ladder or by other means.

b) A scaffold shall not be constructed, taken down, or substantially altered except -

i) under the supervision of a competent and responsible person; and

ii) as far as possible by competent worker possessing adequate experience in

this kind of work.

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c) All scaffolds and appliances connected therein and all ladders shall -

i) be of sound material;

ii) be of adequate strength having regard to the leads and strains to which they

will be subjected, and

iii) be maintained in proper condition.

d) Scaffolds shall be so constructed that no part there of can be displaced in consequence of

normal use.

e) Scaffold shall not be over-loaded and so far as practicable the load shall be evenly

distributed.

f) Before installing lifting gear on scaffolds special precaution 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 scaffold to be used by his workman the contractor shall check up

whether the scaffold has been erected by his workmen or not, take steps to ensure that it

complies fully with the regulations herein specified.

i) Working platforms, gangways and stairways shall -

i) be so constructed that no part thereof can sag unduly or unequally;

ii) be so constructed and maintained, having regard to the prevailing

conditions as to reduce as far as practicable risks of persons tripping or

slipping; and

iii) be kept free from any unnecessary obstruction.

j) In the case of working platforms, gangways, working places and stairways at a height

exceeding 5.0 m.

i) every working platform and every gangway shall be closely boarded unless other

adequate measures are taken to ensure safety.

ii) every working platform and gangway shall have adequate width, and

iii) every working platform, gangway, working place and stairway shall be suitably

fenced.

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

and to the time and to the extent required to allow the excess of persons or the transport or

shifting of material; be provided with suitable means to prevent the fall of persons or

materials.

l) When persons are employed on a roof where there is a danger of falling from a height

exceeding suitable precaution shall be taken to prevent the fall of persons or materials.

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m) Suitable precautions shall be taken to prevent persons being struck by article which might

fall from scaffolds or other working places.

n) Safe means of access shall be provided to all working platforms and other working places.

o) The contractor shall have to make payment to the labourers as per minimum wages act. CLAUSE 21-B : The contractor shall comply with the following regulation as regards the

hoisting appliances to be used by him.

a) Hoisting machines and tackle, including their attachments, anchorage’s and supports shall:

i) be of good mechanical construction, sound material and adequate strength

and free from patent defect; and

ii) be kept in good repair and in good working order.

b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of

suitable quality and adequate strength and free from patent defect.

c) Hoisting machines and tackle shall be examined and adequately tested after erection on

the site and before use and be re-examined in position at intervals to be prescribed by

T.M.C..

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 appliance operator shall be properly qualified.

f) No person who is below the age of 21 years shall be in control of any hoisting machine,

including any scaffold which or give signals to the operator.

g) In the case of every hoisting machine and of every chain, ring hook shackle, swivel and

pulley block used in hoisting or lowering or as a means of suspension the safe working

load shall be ascertained by adequate means.

h) Every hoisting machine and all gear referred to in the proceeding regulation shall be

plainly marked with the safe working load.

i) In the case of a hoisting machine having a variable safe working load each safe working

load and the conditions under which it is applicable shall be clearly indicated.

j) No part of any hoisting machine or of any gear referred to in regulation 7 above shall be

loaded beyond the safe working load except for the purpose of testing.

k) Motors, gearing transmissions, electric wiring and 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 be taken to reduce to a minimum risk of any part of a

93


suspended load becoming accidentally displaced. CLAUSE 21-C : The contractor / contractors will have to make payments to the labourersas per Minimum Wages Act, (1950). CLAUSE 22 : The contractor shall not set fire to any standing jungle, trees, brushwood or

grass without a written permit from the Engineer.

Measures for prevention of fire

When such permit is given and also in all cases when destroying out or dig up trees,

brushwood, grass etc., by fire, the contractor shall take unnecessary measures to prevent such

fire spreading to or otherwise damaging surrounding property.

The contractor shall make his own arrangements for drinking water for the labour employedby him.

Liability of contractor for any damage done in or outside work area

CLAUSE 23 : Compensation for all damages done intentionally or unintentionally by

contractor’s labour whether in or beyond the limits of T.M.C. property including any damage

caused by the spreading of the fire mentioned in clause 22 shall be estimated by the Engineer

or such other officer as he may appoint and the estimates of the Engineer subject to the

decision of the Chief Engineer on appeal shall be final and the contractor shall be bound to

pay the amount of the assessed compensation on demands failing which the same will be

recovered from the contractors as damages in the manner prescribed in Clause 1 or deducted

by the Engineer from any sums that may be due or become due from T.M.C. to the contractor

under this contract or otherwise.

The contractor shall bear the expenses of defending any action or other legal proceedings that

may be binding by any person for injury sustained by him owing to neglect of precautions to

prevent the spread of fire and he shall pay any damages and cost that may be awarded by the

court in consequence.

Employment of female labour

CLAUSE 24: The employment of female laborers on works in the neighborhood of soldiers’ barracks should be avoided as far as possible.

CLAUSE 25 : No work shall be done on a Sunday without the sanction in writing of theEngineer.

Work not to be sublet unless it is permitted contract may be rescinded and security deposit forfeited for subletting it

CLAUSE 26 : The contractor shall not assign or sublet without the written approval of the

Engineer. And if the contractor shall assign or sublet his contract or attempt so to do or

become insolvent or commence any proceedings to get himself adjudicated an insolvent or

make any composition with his creditors, or attempt to do or if bribed, grateful, gift, loan

perquisite, reward or advantage, pecuniary or otherwise shall either directly or indirectly be

given, promised or offered by the contractor or any of his servants or agents to any public

94


without approval or for bringing a public officer if contractors become insolvent

officer or person in the employment of T.M.C. in any way relating to his officer or

employment or if any such officer or person shall become in any way directly or indirectly

interested in the contract, the Engineer may there upon by notice in writing rescind the

contract, and the security deposit of the contractor shall thereupon stand forfeited and be

absolutely at the disposal of T.M.C. and the same consequences shall ensure as if the contract

had been rescinded under Clause 3 hereof and in addition the contractor shall not be entitled

to recover or be paid for any work therefore actually performed under the contract.

Sum payable by way of compensation to be considered as reasonable compensation without reference to actual loss

CLAUSE 27 : All sums payable by a contractor by way of compensation under any of

these conditions shall be considered as reasonable compensation to be applied to the use of

T.M.C. without reference to the actual loss or damage sustained, and whether any damage has

or has not be sustained.

Changes in the constitution of firm to be notified

CLAUSE 28 : In the case of tender by partners any change in the constitution of a firm

shall be forthwith notified by the contractor to the Engineer for his information.

Work to be under direction of the Engineer

CLAUSE 29 : All works to be executed under the contract shall be executed under the

direction and subject to the approval in all respects of the Engineer of the T.M.C. for the time

being, who shall be entitled to direct at what point or points and in what manner they are to be

commenced, and from time to time carried on.

CLAUSE 30 (1) : Except where otherwise specified in the contract and subject to the

powers delegated to him by T.M.C. then in force the decision of the Engineer for the time

being shall be final, conclusive and binding on all parties to the contract upon all questions

relating to the meaning of the specifications, designs, drawings, and instructions, hereinbefore

mentioned and as to the quality of workmanship or materials used on the work or as to any

other question, claim, right, matter or things, whatsoever if any, way arising out of or relating

to the contracts designs drawings, specifications, estimates, instructions, orders or other

conditions or otherwise concerning the works or the execution of failure to execute the same,

whether arising, during the progress of the work or after completion of abandonment thereof.

CLAUSE 30 (2) : The contractor, may within thirty days of receipt by him of any order

95


passed by the Engineer as aforesaid, appeal against it to the City Engineer, T.M.C. provided

that –

a) The accepted value of the contract exceeds Rs.50 lakhs (Rupees Fifty Lakhs)

b) Amount of claim is not less than Rs.10.00 lakhs (Rupees Ten lakhs)

CLAUSE 30 (3) : If the contractor is not satisfied with the order passed by the Additional

Metropolitan Commissioner, T.M.C. as aforesaid, the contractor may, within thirty days of

receipt by him of any such order, appeal against it to the Metropolitan Commissioner who, if

convinced that prima-facie the contractor’s claim rejected by Engineer / Chief Engineer/

Additional Metropolitan Commissioner, T.M.C. is not frivolous and that there is some

substance in the claim of the contractor as would merit a detailed examination through a

suitable committee appointed for the purpose by the Metropolitan Commissioner if necessary

and in that case decision taken by the committee shall be finalized by the competent authority

and same shall be binding to the contractor.

Stores of European or American manufacturer to be obtained from T.M.C.

CLAUSE 31 : The contractor shall obtain from the T.M.C. all stores and articles of

European or American manufacture which may be required for the work or any part thereof

or in making up any articles required therefore or in connection therewith unless he has

obtained permission in writing from the Engineer to obtain such stores and articles elsewhere.

The value of such stores and articles as may be supplied to the contractor by the Engineer 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 purposes 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.

Lump sum estimates

CLAUSE 32 : When the estimate on which a tender is made includes lump sum in respect

of parts of the work, the contractor shall be entitled to payment in respect of the items of

works involved or the part of 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 capable of measurement, the Engineer may at his discretion pay the lump sum

amount entered in the estimate, and the certificate in writing of the Engineer shall be final and

conclusive against the contractor with regard to any sum or sums payable to him under the

96


provisions of this clause.

Action where no specification

CLAUSE 33 : In the case of any class of work for which there is no such specification as

mentioned in Rule 1, such work shall be carried out in accordance with the T.M.C.

specifications and in the event of there being no T.M.C.’s specification, then in such case the

work shall be carried out in all respects in accordance with the instructions and requirements

of the Engineer.

Definition of work

CLAUSE 34 : The expression “work” where used in these conditions, shall unless there be

something in the subject or context repugnant to such construction, be constructed to mean

the work or works contracted to be executed under on in virtue of the contract, whether

temporary or permanent and whether original, altered, substituted or additional.

Contractor’s percentage whether applied to net or gross amounts of bills

CLAUSE 35 : The percentage referred to in the tender shall be deducted from or added to

the gross amount of the bill before deducting the value of any stock issue.

Refund or quarry fees and royalties

CLAUSE 36: All quarry fees, royalties and ground rent for stacking materials, if any should

be paid by the contractor.

Payment of royalty for Rubble, Metal, murum, soil, Sand etc. is the responsibility of thecontractor.

Compensation under the workmen’s compensation Act

CLAUSE 37 : The contractor shall be responsible for and shall pay any compensation to

his workman payable under the workmen’s compensation Act, 1923 (VIII) of 1923

(hereinafter called the said Act) for injuries caused to the workmen. If such compensation is

payable, paid by T.M.C. as principal under sub-section (1) of Section 12 of the said Act on

behalf of the Contractor, it shall be recoverable by T.M.C. from the contractor under Sub-

section (2) of the said section. Such compensation shall be recovered in the manner laid

down in Clause 1 above.

CLAUSE 37-A : The contractor shall provide all necessary personal safety equipment and

first aid apparatus available for the use of the persons employed on the site, shall maintain the

same 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 provided by the contractor and the

contractor shall take adequate steps to ensure proper use of the equipment by those

97


concerned.

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

necessary equipment shall be provided and kept ready for use and all necessary steps shall

be taken for the prompt rescue of any person in danger.

c) Adequate provision shall be made for prompt first-aid treatment of all injuries likely to be

sustained during the course of the work.

Claim for quantities entered in the tender or estimates

CLAUSE 38 : (1) Quantities in respect of the several items shown in the tender are

approximate and in respect of any of the items so long as, subject to any special provision

contained in the specifications prescribing a different percentage of permissible variation, the

quantity varies by more than 40 percent or so long as the value of the excess quantity, at the

rate of item specified in the tender, is not more than 1% of tendered cost, whichever is more,

no variation in rate shall be entertained.

(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) hereof on the same conditions

as and in accordance with the specifications in the tender and 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 bear to the estimated cost of the

work as put to tender based upon the Schedule of Rates applicable to the year in which the

tenders were invited.

(3) Claims arising out of reduction in the tendered quantity of any item beyond 40 percent

will be governed by the provisions of Clause 15 only when the amount of such reduction

beyond 25 percent at the rate of the item specified in the tender is more than 1% of initial

contract price.

In view of the rationalization of the provisions of Clause 37 of B-2 and 38 of B-1 tender

from as above, it is necessary to prescribe the manner in which the claims arising out of

reduction in the tendered quantity of any item under Clause 15 of the tender form should

be dealt with. It is decided that Clause 15 should be modified as under :

There is no change in the rate if the excess is less than or equal to 25%. Also, there is no

change in the rate if the quantity of work done is more than 25% of the tendered quantity,

but value of excess work at the tendered rate does not exceed 1% of the initial contract

price.

98


Employment of famine etc. labour

CLAUSE 39: The contractor shall employ any famine, convict or other labour of a particular

kind of class if ordered in writing to do so by Engineer.

Claim for compensation for delay in the starting the work

CLAUSE 40 : No compensation shall be allowed for any delay caused in the starting of the

work on account of acquisition of land or in the case of clearance works, on account of any

delay in according sanction to estimates.

Claim for compensation for delay in the execution of work

CLAUSE 41 : No compensation shall be allowed for any delay in the execution of the workon account of water standing in borrow pits or compartments. The rates are inclusive of hardor cracked soil, excavation in mud, sub-soil water or water standing in borrows and no claimfor an extra rate shall be entertained, unless otherwise expressly specified.

Entering upon or commencing any portion of work

CLAUSE 42 : The contractor shall not enter upon or commence any portion of work exceptwith the written authority and instructions of the Engineer or of his sub-ordinate in charge ofthe work, failing which the contractor shall have no claim to ask for measurements orpayment for work.

Minimum age of persons employed; the employment of donkeys

CLAUSE 43 : (i) No Contractor shall employ any person who is under the age of 14 years.

and or other animals and the payment

(ii) No contractor shall employ donkeys or other animals with breaching of string or thin rope.

The breaching must be at least three inches wide and should be of tape (Nawar).

o fair wages (iii)No animal suffering from sores, lameness or emaciation or which is immature shall be

employed on the work.

(iv)The Engineer or his Agent is authorized to remove from the work any person or animal

found working which does not satisfy these conditions and no responsibility shall be

accepted by T.M.C. for any delay caused in the completion of the work due to such

removal.

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

In the event of any dispute arising between the contractor and his dispute arising between

the contractor and his workmen on the grounds that the wages paid are not fair and

reasonable the dispute shall be referred to workmen on the grounds that the wages paid

are not fair and reasonable the dispute shall be referred without delay to the Engineer, who

shall decide the same. The decisions of the Engineer shall be conclusive and binding on

the contractor, but such decision shall not in any way effect the conditions in the contract

regarding the payment to be made by T.M.C. at the sanctioned rates.

(vi) Contractor shall provide drinking water facilities to the workers. Similar amenities shall

99


be provided to the workers engaged on large work in urban areas.

Method of payment

CLAUSE 44 : Payment to contractor shall be made by cheque drawn on any bank with

division convenient to them provided the amount exceeds Rs. 10/-. Amount not exceeding

Rs. 10/- will be paid in cash.

Acceptance of condition before tendering for works

CLAUSE 45 : Any contractor who does not accept these conditions shall not be

allowed to tender for work.

Employment of Scarcity of Labour

CLAUSE 46 : If Government declares a state of scarcity of famine to exist in any villagesituated with 10 miles of the work, the contractor shall employ upon such parts of the work,as are suitable for unskilled labour, any person certified to him by the Engineer or be anyperson to whom the Engineer may have delegated this duty in writing to be in need of reliefand shall be bound to pay to such persons, wages not below the minimum which Governmentmay have fixed in this behalf. Any disputes which may arise in connection with theimplementation of this clause shall be decided by the Engineer whose decision shall be finaland 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 Government or reasonable price which it is permissible for him to

change a private purchaser for the same class and description, the controlled price of the price

permissible under Hoarding and Profiteering Ordinance 1943 as amended from time to time.

If the price quoted exceeds the controlled price or the price permissible under Hoarding and

Profiteering Prevention Ordinance, the contractor will specifically mention this fact in this

tender along with the reasons for quoting such higher prices. The purchaser at his discretion

will in such ease exercise the right of revising the price at any stage so as to conform to the

controlled price on the permissible under the Hoarding and Profiteering Prevention

Ordinance. The discretion will be exercised without prejudice to any other action that may be

taken against the contractor.

CLAUSE 48 : The contractor shall employ at least 80 percent of the total number of

unskilled labour to be employed by him on the said work from out of the persons ordinarily

residing to the district in which site of the said work is located.

“Provided, however, that if the required number of unskilled labour 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 Engineer of the

said work, obtain the rest of his requirement of unskilled labour from outside the district”.

CLAUSE 49 : In case of materials that may remain surplus with the contractor’s from those

100


issued for the work contracted for the date as containment of the materials being surplus will

be taken as the date of sale for the purpose of sales tax and the sales tax will be recovered on

such sale.

CLAUSE 50 : The contractor should engage the requisite number of Apprentices in respect

of building crafts renders had provided in the Apprenticeship Act, 1961 through the State

Apprenticeship Advisor Department of Technical Education, Dhobi Talao, Mumbai.

CLAUSE 51 : “All amounts, whatsoever, which the contractor is liable to pay to the

T.M.C. in connection with the execution of the work including the amount payable in respect

of (i) materials and or stones supplied/issued hereunder by the T.M.C. to the contractor (ii)

hire charges in respect of heavy plant, machinery and equipment given or hired by the T.M.C.

to the contractor shall be deemed to be arrears of land revenue and the T.M.C. may without

prejudice to any other rights and remedies of the T.M.C., recover the same from the

contractor as arrears of land revenue”.

CLAUSE 52 : “A contractor shall comply with the provision of the Apprentice Act, 1961

and the rules and orders issued there-under from time to time if he fails to do so, his failures

will be breach of the contract and the Engineer may in his direction cancel the contract. The

contractor shall also be liable for any pecuniary liability arising on account of any violation

by him of the provision of the Act”.

CLAUSE 53 : The contractor shall duly comply with all the provisions of the Central

Government (Regulation and Abolition Act, 1970 (37 of 1970) and the Maharshtra Contract

Labour (Regulation and Abolition) Rules, 1971 as amended from time to time and all other

relevant statutes and statutory provisions concerning payment of wages particularly to

workmen employed by the contractor and working on the site of the work. In particular the

contractor shall pay wages to each worker employed by him on the site of the work at the

rates prescribed under the Maharshtra Contract Labour (Regulation and Abolition) Rules,

1971. If the contractor fails or neglects to pay wages at the sates or makes short payment and

the T.M.C. makes such payment of wages in full or part thereof less paid by the contractor

as the case may be, the amount so paid by the T.M.C. to such workers shall be deemed to

arrears of land revenue and the T.M.C. shall be entitled to recover the same as such from the

contractor or deduct the same from the amount payable by the T.M.C. to the contractor

hereunder or from any other amounts payable to him by the T.M.C.

101


CHAPTER : VII – (d

SCHEDULE ‘A’

NAME OF WORK: Construction of Remaining minor bridges/culverts at various locations over

nalla on Ghodbunder road in Thane Municipal Corporation limit under

MMRDA fund.

Schedule showing (approximately) the materials to be supplied from the T.M.C.’s Stores for works contracted

to be executed and the rates at which they are to be charged for.

Particulars Rate at which the materials will be charged to the contractor

Place of delivery

------------------------------------------

Unit Rs. Ps.

-------------- NIL -------------------------

--------------------------------------

Note : 1) The person or firm submitting the tender should see that the rates in the above schedule

are filled up by the Engineer on the issue of the form prior to the submission of the tender.

2) Loading, transportation to work site from the place of delivery, unloading etc., will be

contractor’s responsibility for which no extra payment shall be made.

102


CHAPTER : VIII

SCHEDULE ‘B’

SUMMARY OF ABSTRACT

Sr. No. Name of Sub Work Cost in Rs.

1 Sub Work No. 1 - Construction of CD Works 4,35,64,606.00 2 Sub Work No. 2 - Shifting of Utility Services 8,97,367.00 Total Cost 4,44,61,973.00 Say 4,44,61,970.00

103


SCHEDULE ‘B’

SUB WORK NO. 1 FOR CD WORKS

Item No.

Description Unit

Rate in Figure

Rate In Word Quantity Total Amount SPECIFICATION

1

Removing and cleaning choke up of drainage lines of all diameters by mechanical means or manually for all depths including necessary, excavation, dewatering, tools plants, machinery, labour, safety devices, shoes and hand gloves to labour, rope, ladder, disposing the waste removed from drainage lines to a suitable place within 100m lead etc. complete R.M. 16.00

Rupees Sixteen and Paise Only 100 1600

Detailed specification is as given below

2

Dismantling carefully the old structure‐‐‐‐‐‐‐‐‐‐‐ including cutting reinforcement steel bars, sorting out serviceable materials & stacking, disposing off unserviceable material, up to lead of 50m etc. complete Spec. No. : BR. 2 Page No. 100

Specificaton as per Spec.No.: BR.2 Page No.100

a) Reinforced cement concrete

Cum 400.554Rupees Four Hundred and

Paise Fifty Five Only 44.8 17944.8192

b) Plain cement concrete

Cum 310.59Rupees Three Hundred Ten and Paise Fifty Nine Only 108 33543.72

c) Stone Masonry in lime or cement Mortar

Cum 92.106Rupees Ninty Two and

Paise Ten Only 7.2 663.1632

104


Item No.

Description Unit Rate Rate in Figure Quantity Total Amount SPECIFICATION

3 Pile load test on single vertical pile in accordance with I.S. 2911 part IV.

Specification as per MORT&H Specification CI. 4th Revision. 1110

a) Initial test and routine load test.

M.T. 600Rupees Six Hundred and

Paise Only 10 6000

b)Dynamic load test

M.T. 107124

Rupees One lack Seven Thousand One Hundred Twenty Four and Paise

Only 2 214248.00

4

Providing M‐35 R.C.C. cast in situ 900mm dia bored piles each of load capacity as per design and of specified diameter or as directed , placed through steel shell sunk to the required depth through all strata except rock, excluding provision of reinforcement including placing concrete by tremie arrangement compaction of concrete and withdrawal of steel shell etc. complete

R.M 5718.473

Rupees Five Thousand Seven Hundred Eighteen and Paise Fourty Seven

Only

80 457477.83

Spec. No. BR‐21, P‐124, MoRT&H‐1100,

1600 & 1700

5

Providing, placing and driving in position 6mm thick permanent M.s. Liner up to required depth with 12mm thick M.S. cutting edge of 0.5 meter length of bottom including fabricating, cutting the M.s. sheet to required diameter and shape, welding the joints and driving with the help of required machineries including all materials, labour and lift etc. complete

Tonne 106132 Rupees One lack Six

Thousand One Hundred Thirty Two and Paise Only

4 424528

Specification as per MORT&H Specification CL. 4th Revision. 1204

& 1904.

105


Item No.


6

Providing and applying approved quality coal tar epoxy paint in three coats for surface of well pier abutment between L.T.L. to 0.90 meter above H.F.L. including cleaning surface, scaffolding etc. complete

RM 289.17 Rupees Two Hundred Eighty Nine and Paise

Sevteen Only 540 156151.80

Specification As Directed By Engineer‐

in‐charge

7

Excavation for foundation ‐‐‐‐‐‐‐‐‐ including shoring and strutting as necessary and disposing off excavated stuff excluding dewatering if separately provided, as directed etc. complete. (for depth up to 1.50m)

Specification as per Spec. No.:BR.3 Page

No.102

a) earth, soils of all types, sand gravel

Cum 116.739

Rupees One Hundred Sixteen and Paise Seventy

Four Only 3456 403449.984

b) hard murum & boulders

Cum 137.088Rupees One Hundred Thirty Seven and Paise Nine Only 907.2 124366.2336

c) In soft rock

Cum 315.945

Rupees Three Hundred Fifteen and Paise Ninety

Five Only 360 113740.2

d) in hard rock

Cum 515.151

Rupees Five Hundred Fifteen and Paise Fifteen

Only 108 55636.308

e) In Marshy Soil

Cum 525Rupees Five Hundred

Twenty Five and Paise Only 864 453600

8

Providing rubble filling of tap/granite/quartzite gneiss stones foundations including hand packing filing gavel/sand in the voids etc. complete. Cum 1053.912

Rupees One Thousand Fifty Three and Paise Ninty

one Only 581.21 612544.44

Specification as per Spec .No.: CD 1 Page

No.159

106


Item No.


9

Providing & Laying in situ cement concrete of M‐20 grade of trap / granite / quartzite metal for foundation & bedding including bailing out water manually, formwork, compaction and curing (using Portland pozzolona cement & flyash.) etc. complete Cum 5356.138

Rupees Five Thousand Three Hundred Fifty six and

Paise Fourteen Only 189.525 1015122.10

Specification as per Spec.IS‐1489(Part I) and Bd.E‐1 Page

No.289

10

Providing and laying in situ RCC M‐35 cement concrete of trap / granite / quartzite / gneiss metal for cast in situ R.C.C. solid piers, column etc. including provision of "V" shaped false joints to form suitable panels on the faces to approve design with compacting by vibrating and curing complete. including form work centering (excluding dewatering by means of pump) and including bailing out water and curing etc. complete. (up to 5.00 mt. height) (Excluding reinforcement) Note: add 2% for over 5.00 mt. height increase upto 10.00 mt. and 6% height above 10.00 mt. (height for that particular structure) II) Using Batching plant, transit, mixer and concrete pump (RMC) Cum 6157.246

Rupees Six Thousand One Hundred Fifty Seven and Paise Twenty Five Only 22.608 139203.02

Specification as per Spec.No.BR‐27 Page No.127 & MoRT&H‐ cl.1500,1700 &2100

11

Providing & laying RCCM‐35 controlled reinforced cement concrete of trap metal for raft slab including "V" haunches, formwork, scaffolding, compaction by vibrating finishing curing etc. complete Cum 7056.351

Rupees Seven Thousand Fifty Six and Paise Thirty

Five Only 583.92 4120344.31

Specification as per Spec.No.BR‐5 Page No.105 & MoRT&H‐ cl.1500,1700 &2100

107


Item No.


12

Providing and laying in situ RCCM‐35 fo trap / granite / gneiss metal for RCC work like dirt/ballast walls, kerbs, box return etc. complete including scaffolding, centering formwork, compaction, finishing and curing etc. complete( Excluding reinforcement) Cum 6643.48

Rupees Six Thousand Six Hundred Fourty Three and

Paise Fourty Eight Only 346.5 2301965.89

Specification as per Spec.No.BR‐50 Page No.143

13

providing & laying in situ M‐35 I/II reinforcement cement concrete ‐ a to h trap/ granite/q uartzite / gneiss metal for Rcc work in solid slab/T‐beam & slab /box girder and balanced cantilever including centering formwork scaffolding ramming vibrating finishing in cement plaster and curing etc. complete (excluding reinforcement) height upto 5.00mt. from the lowest bed level. I) Using Batching plant, transit mixer and concrete pump (RMC) c) RCCM‐35

Cum 7369.618

Rupees Seven Thousand Three Hundred Sixty Nine and Paise Sixty Two Only 662.87 4885166.63

Specification as per Spec.No.BR‐38 Page No.135,MORT & H‐1500,1600 & 170

14

Providing and Laying in situ RCCM‐35 trap/granite/quartzite/gneiss metal for reinforced cement concrete block below the bearing inclusing necessary scaffolding formwork, compacting by vibratoring finishing and curing etc. complete (excluding reinforcement)

Cum 6926.224

Rupees Six Thousand Nine Hundred Twenty Six and Paise Twenty Two Only 0.72 4986.88

Specification as per Spec.No.BR‐30 Page No.130

108


Item No.


15 Providing and fixing Neoprene bearing as per standard specification etc. complete

Cum 1.071Rupees One and Paise

Seven Only 40000 42840

Specification as per Spec.‐As per IRC‐83 Part ‐II

16

Providing & fixing in position T.M.T. bar reinforcement of various diameter for R.C.C. pile, caps, footing, foundation , slabs, beams, columns, canopies, staircase, newels, chajjas, lintels, pardies, coping, fins, arches, etc. as per detailed designs drawings, and schedules, including cutting bending, hooking the bars, binding with wires or tack welding and supporting as required etc. complete MT 60273.84

Rupees Sixty Thousand Two Hundred Seventy Three

and Paise Eighty Four Only 410 24712274.40

Specification as per Spec.No.BdF‐17 Page No.306

17

Providing & erecting "W" metal beam crash barrier comprising of 3mm thick corrugated sheet metal beam rail, 70cm above road/ground level, fixed on ISMC series channel verticals post, 150x75x5 millimeter spaced 2m. Centre to centre 1.8 meter high, 1.1 meter below ground /road level, all steel parts and fitments to be galvanized by hot dip process, all fitting to conform to IS 1367 and IS:1364, metal beam rail to be fixed on the vertical post with a spacer of channel section 150 x 75 x 5 mm 330 mm long complete as per clause 810 Rmt 4392.171

Rupees Four Thousand Three Hundred Ninty Two and Paise Seventeen only 40 175686.84

Specification as per MORT & H Specification CI.4th Revision/810/Page No.244

109


Item No.


18

Providing and applying approved three coat of flat oil paint of approved colour, shade and quality to plastered surface including scaffolding if necessary, cleaning the surface (excluding primer coat) etc.

Sqm 56.763Rupees Fifty six and Paise

Seventy Six only 100.7 5716.03

Specification as per Spec.No.: Bd O ‐7 Pag No .406

19

Dewatering on BHP basis by using water pump ‐ I including diversion of streams, providing earthen bubds coffer dam etc. complete as may be necessary for foudation and other parts of the work and bailing out and pumping out water, during and after excavation as required (The item include dewatering for excavation up to foundation level, filling foundation and sub structure masonry above water level (Prior approval of S.E. is necessary) (i) By using 10 Horse power pump Hrs 100.67

Rupees One Hundred and Paise Sixty Seven only 2000 201348

Specification as per Spec.No.: Br‐55 Page No.104‐105

20

Construction of cement concrete kerb with top and bottom width 115 and 165 respectively, 250 mm high in M20 grade PCC om M‐10 grade foundation 150mm thick, foundation having 50mm projection beyond kerb stone, derb stone laid with kerb laying machine, foundation concrete laid manually, etc. complete

Rmt 551.69

Rupees Five Hundred Fifty One and Paise Sixty Nine

only 50 27584.65468

Specification as per MORT & H Specification CI.4th Revision‐408

110


Item No.


21

Providing and fixing single strip modular type expansion joint material inclusive of German imported edge beams and elastomeric strip seal along with indigenous fabricated anchorage system for filing the deck for movement of 1/‐35 mm (total 70 mm ) as per MORT&H specification under supervision of specified manufacture Rmt 25506.94

Rupees Twenty Five Thousand Five Hundred Six and Paise Ninty Four only 40 1020277.44

Specification as per MORT & H Specification CI.4th Revision‐2600

22

Providing and fixing pressure relief pipes of 100 mm diameter of AC / PVC as per drawing for R.C.C. Raft, galleries etc. complete Spec. As directed by Engineer‐in‐charge R.M. 94.50

Rupees Ninty Four and Paise Fifty only 140 13230

Specification as directed by engineer‐in‐charge

23

compacting the sub grade/gravel/over size metal / (200mm lose ) layers 2 to 7mm wide with vibratory roller including necessary, labour materials and artificial watering complete

Specification as per Spec.No.: Rd. 35 Page No.209 & Rd 38 Page 210

ii) Vibratory Roller

Sqm 17.14Rupees Seventeen and

Paise Fourteen only 2000 34272

24 Transportation of excacted material including loading unloading etc. complete

Detailed specification given below

Lead upto 12km

Cum 300Rupees Three Hundred

and Paise only 4831.2 1449360

Lead upto 15km

Cum 368.21

Rupees Three Hundred Sixty Eight and Paise

Twenty One only 864 318133.44

111


Item No.


28 JCB on hire (As per Market Rate)

Hrs 1080Rupees One Thousand Eighty and Paise only 20 21600

Detailed specification given below

Say–RS. 4,35,64,606.00

SCHEDULE ‘B’

SUB WORK NO. 2 FOR UTILITY SERVICES

Item No.


1

Excavation for foundation ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ including shoring and strutting as necessary and disposing off excavated stuff excluding dewatering if separately provided. As directed etc. complete. (for depth upto 1.50m)

specification as per

given in Sub Work No. 1

a) earth soils of all types Sand gravel

cum 106.05 Rupees One Hundred Six

and Paise Five only 29 3075.45

b) hard murum & boulders

cum 139.99 Rupees One Hundred Thirty Nine and Paise Ninty Nine

only 41 5739.59

c) In soft rock

cum 287.4 Rupees Two Hundred Eighty Seven and Paise

Four only 21 6035.4

112


Item No.


2

Open timbering in trenches Lift 0 to 1.5 m (For non‐waterlogged area)

sqm 204.75 Rupees Two Hundred Four and Paise Seventy Five only

73 14946.75

This work shall be carried out under the specific instructions of engineer ‐in ‐charge Work shall be carried out as specification given in Item No 1 Payment shall be

made on sqm.basis of shoring

3

Filling in plinth & floors / trenches with contractor's murum for bedding in 15 cm to 20 cm layers including watering and compaction royalty charges etc. complete

cum 156.95 Rupees One Hundred Fifty Six and Paise Ninty Five

only 80 12556

specification as per given in Sub Work No.

1

4

Providing rubble filling of trap / granite / quartzite gneiss stones of approved quality in foundation including hand packing filling gravel of sand in the voids etc. complete

cum 456.02 Rupees Four Hundred Fifty Six and Paise Two only

35 15960.7 specification as per


5

Providing & Laying in situ cement concrete of M‐20 grade of trap / granite / quartzite metal for foundation & bedding including bailing out water manually, formwork, compaction and curing (using Portland pozzolona cement & flyash) etc. complete Spec. IS‐1489 (Part ‐ I) and Bd. E‐1

cum 4687.93 Rupees Four Thousand Six Hundred Eighty Seven and Paise Ninty Three only



113


Item No.


6

Manufacturing, Providing and supplying spirally welded / ERW /SAW/fabricated M.S. Pipes (commercial Quality) including procurements of plates, gas cutting to required size rolling, tack welding on automatic welding machine and forming 'V' edge on both ends of pipes including all taxes (Central and local) railway freight, insurance unloading form railway wagon, loading into truck, transport to stores / site, unloading, stacking etc. complete as per IS‐3589 and IS‐5504 as applicable as per Specification ( No negative tolerance in thickness is permissible)

As per item

description as directed by engineer‐in‐charge

ii) 6.00 mm

200 mm dia.

Rmt 1764 Rupees One Thousand

Seven Hundred Sixty Four and Paise only

106 186984

300mm dia

Rmt 2619.75 Rupees Two Thousand Six Hundred Niteen and Paise

Seventy Five only 76 199101

350mm dia

Rmt 3048.15 Rupees Three Thousand Fourty Eight and Paise

Fifteen only 41 124974.15

400mm dia

Rmt 3476.55 Rupees Three Thousand Four Hundred Seventy Six and Paise Fifty Five only

35 121679.25

114


Item No.


7

Lowering laying in position to correct line and level including M.S. pipes with / without any out coating on pedestals or chairs upon prepared formation the rate to include loading unloading hoisting, marginal cutting wherever required assembling and tack welding, and transportation upto 500M etc. complete as specified

This item includes lowering & laying of MS pipes for delivery pipeline from pump to rising main. A reducers is made from this pipe

for pump to dismantling joint .The M.S. pipes from inside

& outside It includes lifting of

pipes & specials from the store, carring it up

to location and positioning it.

Contractor has to arrange for required labour,crane,winch and other tools

Mode of measurements and

payment: The payment shall be made on " Meter"

basis

Upto 250 mm dia (U/S)

Rmt 244.34 Rupees Two Hundred Fouty Four and Paise Thirty Four

only 106 25900.04

Above 250 mm Upto 500 mm dia

Rmt 288.02 Rupees Two Hundred

Eighty Eight and Paise Two only

152 43779.04

115


Item No.

Description

Unit Rate Rate in Figure Quantity Total Amount SPECIFICATION

8

Welding in all positions with required number of runs, for M.s. Pipes internally and / or externally including gauging wherever necessary, fixing appurtenances and other accessories in connection with pipe laying work as per specification.

As per item


A. Butt Joints

6mm

Rmt 404.04 Rupees Four Hundred Four

and Paise Four only 16 6464.64

9

Providing and casting in situ cement Concrete of trap/granite / quartzite / gneiss metal of approved quality for RCC work as per detailed drawings and designs or as directed by Engineer ‐ in‐charge including normal dewatering, centering, plywood formwork, bully/Steel prop‐ups, compaction, finishing the formed surfaces with CM 1:3 of sufficient minimum thickness if special finish is to e provided and curing etc. complete (By weith batching and mix design for M‐250 and M‐300 only Use of L&T A.C.C. Ambuja Birla Gold, Manikgad, Rajashree, etc. cement is permitted) (excluding M.s. or Tor reinforcement) a) For RCC M‐200 grade ‐ all types of columns

cum 7379.81

Rupees Seven Thousand Three Hundred Seventy Nine and Paise Eighty One

only



116


Item No.


10

Providing and applying primer and one coat of red oxide of iron paint, externally, including cleaning the surface of the pipes with steel scrappers, wire brushes, and metal cleaning solution, etc.

Sqm 53.55 Rupees Fifty Three and Paise Fifty Five only

242 12959.1 As per item


11 Providing and applying covering coat of grey graphite of approved quality including dusting the surface etc. complete

Sqm 27.3 Rupees Twenty Seven and

Paise Three only 242 6606.6

As per item description as directed by engineer‐in‐charge

Rs. 8,97,367.00

PART A- RS- RS. 4,35,64,606.00 PART B- RS. 8,97,367.00 TOTAL TENDER COST- RS.4,44,61,970.00

117


Chapter IX

Detail Technical Specification

Item No 1

Removing and cleaning choke up of drainage lines of all diameters by mechanical means or

manually for all depths including necessary, excavation, dewatering, tools plants, machinery,

labour, safety devices, shoes and hand gloves to labour, rope, ladder, disposing the waste

removed from drainage lines to a suitable place within 100 m lead etc. complete.

1.1 The item is for providing necessary labour, equipments etc. and cleaning the drainage lines of all

diameter and disposal of waste/obstruction removed to the suitable place as directed by the Engineer-

in-Charge.

1.2 General : All the customers disposing of their effluent/liquid waste to the drainage lines are

expected to provide trap and screen chamber so that the solids suspended in the waste does not flow to

the drainage lines. The domestic waste water has to flow to the drainage line after passing through

septic tank, and soak pit. In spite of such preventive measures solids flow to the drainage lines. The

effluent flowing through drainage line interact forming solids which being heavy get deposited in the

drainage line thereby causing blockage/choking.

1.3 Material: The drainage chambers are normally provided CI steps to descend in the chamber.

However, during course of time the same may get damaged/loose, it would be therefore advisably to

use strong ladder to descend in the chamber. The safety material such as safety gloves, gum boots,

safety clothes, gas mask, oxygen mask with back mounted oxygen cylinder, ropes etc. are to be

arranged by the contractor. For removal choke iron rods, bamboos, mechanical equipments like water

jet, mechanical screw driving equipment etc. as found suitable shall be provided by the contractor at

his roll.

1.4 Procedure : The previous chamber of the chamber beyond which drainage line is choked is sealed

to stop the flow. The effluent from the chamber sealed shall be pumped as directed by the Engineer-in-

Charge. The chamber beyond which drainage line choked is dewatered dry. The labour with safety

118


gloves, gum boots, safety clothes, gas mask with adequate long rope bound to the waste of the

labour(s) who would enter the drainage chamber. The other end of rope to be held by two labours.

Before labour enters the chamber a burning candle be lowered in the chamber to ascertain that there

are no explosive/inflammable gases are developed and accumulated in the chamber. If such gases are

observed suitable capacity exhaust fan operated on electric generator, will be used to let out such

gases. The labour with all safety equipments and rope and emergency battery operated light shall enter

the chamber. If gas mask is not found adequately softer oxygen mask with back mounted oxygen

cylinder may be provided. If any time labour who entered the chamber felt any danger he would signal

by swinging rope, the labours holding other end of rope shall immediately pull the rope so that the

labour in the chamber is taken out of chamber. The labour be provided necessary medical assistance

including hospitalization facility. The labour who enters the chamber periodically give signal, as

decided, that he is safe.

1.4.1 Cleaning with Iron Rods/Bamboos: The labour will try to remove the choke up/blockage by

putting iron rod/bamboo in the drainage line, by jointing one piece after another by suitable light rope

and push the same by force to remove the choke. The waste be collected in the subsequent chamber

and disposed off as directed by the Engineer-in-Charge within lead of 100 m.

1.4.2 Using Water Jet : The track mounted with water tank, pump and hose with jet could be used for

the remove choke up/blockage. The water from the tank is pumped through hose with jet at a pressure

of 3 Kg/cm2 when the labour inside the chamber will align to the choke up/blockage. Due to water

pressure choke up/blockage will loosened and continued jetting will remove the blockage/choke up,

the waste causing blockage/choke up be collected in the subsequent chamber and disposed off as

directed by the Engineer-in-Charge within lead of 100 m.

1.4.3 Mechanical Driven Screw: The M.S. screw is with fan is driven inside the drainage upto choke

up/blockage. The screw is rotated with mechanical system provided. The blades provided to the screw

rod shall loosen the choke up/blockage and finally clear the same. The waste causing choke

up/blockage be collected in the subsequent chambers and disposed off as directed by the Engineer-in-

Charge to the lead of 100 m.

119


1.5 Item to Include : Item includes providing all labours, safety measures like, gloves, gumboots,

safety clothes, gas mask, oxygen mask with back mounted oxygen cylinder, iron rods/bamboos, rope,

electric generator, exhaust fan, emergency lamp, truck mounted water tank with pump, hose with

water tank, mechanical driven screw with fan, with necessary mechanical equipments to drive screw

etc. complete.

1.6 Mode of Payment: The choke up/blockage removed from the drainage like shall be measured by

measuring the length bar/water jet hose/M.S. Screw rod actually pushed from the choke up/blockage

to the actually removal of choke up/blockage. In respect of chamber the rate shall be per chamber.

Item No 36

Transportation of excavated material including loading, unloading etc. complete.

1) After refilling of trenches, surplus excavated stuff remaining at the site of work have to be

disposal off at suitable places within five Km. distance, as directed by Engineer-in-charge.

2) Surplus excavated materials are the property of M.J.P. and therefore contractor is not empowered

to sell these excavated materials to any other agency.

3) This disposal will not be considered for initial 50 M. lead from site of work, so will not be paid

for

4) The materials shall be conveyed by means of suitable devices.

5) The material conveyed to the place of disposal shall either be stacked or spread as directed by

Engineer-in-charge or his representative.

6) The route for operation and maintenance, payment of any royalties, compensation to land owners

and for damages if any etc. during the process of conveyance etc, shall be the entire responsibility

of the contractor.

7) This item includes all labours, materials and equipments required for loading, conveyance,

unloading, stacking or spreading the material.

8) The tender rate shall be for one cubic meter of excavation quantity conveyance to the place of

disposal.

9) The quantity conveyed and disposed of shall be calculated from the trench excavation after

deduction of quantities for bedding, concrete or any other refilled materials and balanced net

excavation quantity will be payable under this item.

120


Mode of Measurement & Payment:

The payment shall be made on “Cu.m.” basis.

Item No. 6 Manufacturing, providing and supplying spirally welded / ERW / SAW / fabricated M.S. pipes (Commercial Quality) including procurements of plates, gas cutting to required size rolling, tack welding assembling in suitable lengths to form pipes, welding on automatic welding machine and forming 'V' edge on both ends of pipes including all taxes (Central and local), railway freight, insurance unloading from railway wagon, loading into truck, transport to stores / site, unloading, stacking, etc. complete as per IS-3589 and IS-5504 as applicable as per specifications (No negative tolerance in thickness is permissible).

General: -

The work includes fabrication of MS pipes of specified diameters & thickness from contractors

material or providing of spirally welded pipes from Steel Authority of India. The M.S. plate for

fabrication of pipe shall confirm to grade 410 Mpa (i.e. Tensil strength 4100 Kg/Sqm).

Scope: -

The scope of special specification shall cover the following works under the contract.

Fabrication and testing of M.S. pipes, inspected by Engineer in charge or any approved agency of

TMC. The plate of M.S. pipes should be confirming to IS: 3589.

Transporting of fabricated pipes from contractors factory to laying site.

These specials (detailed hereafter) specifications, supplement, standard specifications for civil

construction works prepared by the TMC for TMC.

Factory: -

The factory or arrangement of a factory equipped with all necessary electrical and mechanical

equipment for carrying our various operations involved in the work under the tender, such as rolling,

automatic welding, cutting, testing etc.

The tenderer shall fabricate pipes and specials at factory and transport them to the laying site.

The factory shall be equipped with at least the following minimum number of various equipment and

plant.

A) Plate bending machine for rolling of pipe drum.

i) for pipes upto 1000 mm dia.

ii) for plates 5 to 12 mm thick

121


B) Automatic welding machine.

i) for welding joint of plates of the required thickness.

a) for inside welding 1 No.

b) for outside welding 1 No.

C) Hydraulic testing machine

Testing machine capable of testing of length 1 No.

To be fabricated.

D) Adequate gantry or crane of required capacity.

E) Channel bending machine suitable for rolling 1 No.

Ring girders for pipes of the required dias.

F) Lathe for machine flange rings plates etc. 1 No.

G) Lathe for machine expansion joints of 1 No.

required diameter.

H) Mobile crane for loading, unloading of Adequate for the job

Pipes etc.

I) Cold pressing equipment for plates of the 1 Set

Required thickness to required curvature.

The intending contractors shall have to satisfy the authorities about his capacity to fabricate or get

fabricated the pipes and specials as covered in the tender scope, within the time specified. The factory

shall have to provide minimum equipment as listed above and additional equipment, if required to

maintain schedule progress on the work, if the Engineer so directs. Adequate fabrication facilities for

specials and for testing shall be provided.

Supply of Materials to the Contractor: -

122


The TMC will not supply M.S. Materials such as plates, flats etc. required for the fabrication of pipes.

All balance requirements of such materials will have to be arranged by the contractor from open

market. The plates required for fabrication of M.S. pipes under this tender shall be of Fe.410 grade

(IS: 3589).

The conveyance of fabricated materials from workshop to site of work shall be deemed to have been

covered in the relevant items of fabrication of pipes, specials etc. The contractor should note that the

steel plates and other structural steel require for fabrication of specials is to be procured by him from

open market at his cost. The contractor has to procure such plates in several stages as the

circumstances demand or as directed by Engineer-in-charge.

The TMC shall not supply any steel or structural steel to the contractor for his use for preparing jigs,

testing arrangements, platforms etc. in the factory or in the field. The contractor shall have to make his

own arrangements for procuring them at his own cost immediately or receipt of work order and the

TMC shall not entertain any request for extension of completion period of compensation on increase

in cost etc.

Specification for Fabrication of Pipes: -

Cutting of plates to size

The pipe drums shall normally fabricated with only one longitudinal joint. If the plates of exact size

are not available, the contractor shall fabricate pipe drums with 2 longitudinal joints at the approval of

the Engineer.

The plates shall be cut on all the sides to the exact dimensions and shape required by a suitable plate

cutting machine such as oxyacetylene cutting machine of Guillotine for fabrication of pipe drums.

Tolerance in cutting shall not be more than +3 mm in width and length. Before cutting, all the edges of

the plates shall be cleaned by brushing or grinding. The standard length of fabricated pipes shall be in

meters.

The plates shall be given a bevel at the edges depending upon the welding machine to be used by the

contractor. Ends of the pipes fabricated shall necessarily have ‘V’ edges, as in the field, hand welding

is to be done. For the pipes of 1200 mm dia. and above the bevel shall generally be from inside. For

pipes of lesser dia. the bevel shall generally be form outside. In case, where Engineer specifically

123


orders so, bevel shall be from outside even for pipes above 1200 mm dia. and from inside for lower

dia. In the factory where automatic machine having sufficient penetration is used the edges in the pipe

may be square cut. The type of joints to be adopted in the factory shall depend on the type of welding

machine to be used and the method of welding to be adopted. Experimental welding shall be

demonstrated by the contractor to the Engineer-in-charge in the factory and testing of samples there

from shall be done by the Engineer-in-charge at contractor’s cost before finally deciding the voltage

and current characteristics for proper welding to be adopted.

After the plates are cut, the edges shall be made smooth to remove all inequalities by means of

polishing grinder. Care shall be taken to see that cut edges of the plate are perfectly straight. Jigs to be

used for this purpose shall depend on the cutting machine used. The correctness of the cutting shall be

checked before the plates are rolled into pipe drums. Corrections if any shall be made re-cutting, if

necessary. In case of wastage on account of negligence or careless working on the part of the

contractor. Full cost of plate shall be recovered from the contractor at issue rate, or market rate,

whichever is higher unless otherwise mentioned elsewhere. If any plate or flat is found to be wrapped,

the defect shall be removed by putting the plate into roller press at the contractor’s cost.

If the contractor finds that some of the plates are laminated or are badly corroded, these shall be

stacked separately and shall not be used for fabrication of pipes etc. without the approval of the

Engineer. The contractor shall not be entitled for any extra claim on account of handling and cutting

plates, which are subsequently rejected by the Engineer. The rejected materials shall remain TMC’s

property which should be noted by the contractor.

Marginal cutting as well as left over pieces of plates and other steel sections shall be collected by the

contractor and stacked separately in the yard. All such scrap resulting from work of fabrication from

places issued by TMC shall be property of theTMC.

Rolling of Plates: -

The plates cut to exact size shall be put into rolling machine to form the pipe drum of the required dia.

The contractor shall adjust the rolling machine so as to give a uniform curvature to the pipe drum

throughout its circumference. The curvature shall be checked by the contractor’s foreman during the

process of rolling and rolling shall be repeated till such stage that exact curvature is obtained.

124


Contactor shall roll the pipe drum even after longitudinal welding is done, if proper curvature is not

obtained. Heating of plates shall not be allowed to have the desired curvature.

Tacking of Drums: -

Rolled drums shall then be taken to the assembly platform for tacking for longitudinal welding. Where

machine welding is to be done there shall be no need to have a gap between the faces depending upon

penetration obtained. If hand welding is permitted by the Engineer, gap shall be between 2 to 4 mm.

Clamp spiders, tightening rings or any other approved gadgets shall be used during assembling and

tacking.

The tacked drums shall then be taken to the assembly platform for tacking them to make pipes of 6 M

lengths. The Engineer may also change the lengths of pipes depending on the site conditions and may

ask the contractor to fabricate the pipes in any shorter length than specified or longer lengths than

standard lengths.

Maximum length shall not exceed 12 M and the contractor shall comply with such orders without

claiming any additional cost for the same. During tacking care shall be taken to see that the

longitudinal joints of abutting pipe drums are staggered as 90° as shown on the drawing.

The assembly shall be truly cylindrical and without kinks, the faces being exactly at right angles to the

axis of the pipe. The contractor shall provide at his cost suitable gasket to check the correctness shall

be as per Para 8 of IS: 3589.

Welding of Pipes: -

Assembly as described above shall then be transferred to a qualified automatic welding machine of

approved make for full welding. All the circumferential joints as well as longitudinal joints shall be

done on automatic welding machine only. The Engineer may, at his discretion allow hand welding

only for the sealing run or for some minor welding. The Engineer-in-charge, during the progress of

work, shall issue working drawings or instructions specifying the details of welding joints for the

different fabrication work.

Electrodes of approved make conform to IS: 814 and size only shall be used for welding depending

upon the thickness of the plates and the type of joint. The current and they are voltage required for the

machine shall be decided after the experimental welding is done. All expenses for these experiments

125


shall be borne by the contractor. The current and they are voltage once decided shall not be altered,

without the permission of the Engineer-in-charge for that particular thickness of plate. The welding

shall conform to IS: 822 and 823. In case of thin plates gas welding may be resorted to Gas Welding

also shall be subject to the same specifications and tests as those for the electric welding.

The welders employed by the contractor shall be sufficiently experienced and qualified as per relevant

IS in welding works to execute the works of standards as specified in IS: 817 and type of welding

work carried out particularly for this type of work. Their work shall be tested by the Engineer-in-

charge before they are entrusted with the job and also from time to time during the progress of the

work. The contractor shall keep the record of welding as may be prescribed by the Engineer-in-charge

to enable him to I now the performance of each welder. Only the person permitted by the Engineer-in-

charge shall carry out welding work. Hand welding shall preferably be carried out by a pair of

welders. A joint entrusted to a particularly individual or a pair shall as far as possible be completed

only by them in all respects including sealing run.

Welding Joints: -

Electrodes

Welding electrodes to be sued for welding in this contract shall conform the Indian Standard

Specifications ISS: 814-1971 (Specification for covered electrodes for metal are welding of Mild

Steel). The contractor shall use standard electrodes depending on the thickness of the plates to be

welded and the type of joint. The contractor shall also use standard current and A.C. voltage required

for the machine as per manufacturer’s directions.

Welding Procedure

All parts of pipes, specials etc. shall have all loose scale, slag, rust, paint and any other foreign

material shall be removed with wire brush and left clean and dry. All scale and slag shall be removed

from each run of weld when that run is completed. Welding shall conform to relevant provisions of IS:

3589 and IS: 816-1969.

Workmanship: -

All pipes shall be fabricated out of steel plates of Fe.410 grade shall be free from excessive pitting,

crack surface flaws, laminations or any other defect. All such defective plates shall be stored

126


separately and should not be used. All the pipes shall be properly stored in different stacks size-wise.

The pipes shall be truly cylindrical and straight in axis, acceptable tolerance being as per IS: 3589. The

ends of the pipes shall be accurately cut with level for field welding depending on sizes as specified

earlier. The tolerance in outside diameter for leveled and for butt welding shall be as per Table 2 Para

12 IS: 3589.

In case of pipes to which flange adopters are to be fixed, the external diameter of the pipe shall not be

more than + 1 mm than the theoretical one.

The contractor shall have to roll the pipes several times to achieve this accuracy. The longitudinal

welding at the ends of the pipes shall be ground smooth and flush with the plates for at least a length

of 200 mm from the ends. No additional payment shall be made for re-rolling or grounding the welds

as described below.

Any minor repair in welding that is required to be done shall be done only after obtaining the

permission from the Engineer-in-charge. Whenever he finds that the work has not been done by the

contractor as specified above and to his satisfaction and the pipes fabricated have injurious defects,

these shall be liable for rejection. No payment shall be made to the contractor for such fabrication and

welding.

Test on Welds

The test on welds shall conform to Para 14 of IS: 3589.

Hydraulic Testing of Fabricated Pipes at Factory: -

The pipe length fabricated shall be as specified earlier above. The contractor shall provide all the

required machines and apparatus for testing all the pipes at the factory. The arrangements made by the

contractor for hydraulic testing of pipes shall be subject to the approval by the Engineer. The

contractor shall paint inside the serial number of pipe, the diameter and the plate thickness and letters

Thane Municipal Corporation as directed by the Engineer. The pipes shall be inspected thoroughly

before testing for any apparent defect in welding and the contractor shall repair such defects by go -

using and re-welding. Such pipes will be paid only on approval of the Engineer-in-charge. Necessary

provisions for storage tank for water for testing, water pumping arrangements, if necessary and

making available the required water shall be made by the contractor.

127


Mode of Measurement and Payment for Providing and Fabrication: -

The providing and fabrication of pipes shall be measured in Running meter of pipes fabricated and

shall include the cost of supplying all the labour, material, machinery for loading, unloading if any,

handling plate, cutting and shaping the same to the required size and shape, forming ‘V’ edge, rolling

the plates to form pipe drums, assembling the drums to form pipes, tacking and full welding of all

circumferential and one longitudinal joints on the automatic welding machine and stacking them size

wise in the yard. The rate includes loading, unloading and transportation of pipe from workshop to

work site.

No additional payment for hydraulic testing of specimen fabricated pipe shall be made to the

contractor.

The payment shall be made on “Meter” basis.

Item No. 8 Welding in all positions with required number of runs, for M.S. pipes internally and / or externally including gauging wherever necessary, fixing appurtenances and other accessories in connection with pipe laying work as per specification.

Where welding is proposed for joints, the Contractor shall layout and overlap by a minimum of 100

mm individual panels of liner material prior to welding. The area to be welded shall be cleaned and

prepared with extreme care by the Contractor, according to installation procedure provided by the

material manufacturer, and be subject to approval by the Engineer-in-charge or representative.

Welding of membrane material on which moisture is present shall not be permitted.

On completion of the work all welds shall be tightly bonded. Any membrane area showing injury due

to excessive scuffing, puncture or distress from any cause shall he replaced or repaired with an

additional piece of Geomembrane. "Fish-mouths" shall not he allowed within the seam area. Where

"fish-mouths" occur, the material shall be cut, overlapped and an overlap-extrusion weld applied.

The Engineer-in-charge or representative together with the installation technician shall conduct visual

inspection. All welded joints shall be inspected in accordance with the quality control plan.

Faulty work determined by inspection or testing, shall be repaired with extruder, where approved by

the Engineer-in-charge or representative as follows.

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Large fault shall be cut back to give clean and dry interface, free from imperfection. They shall then be

covered with appropriate shaped pieces of the same material as which shall than be welded by

extrusion welding, as specified previously. Repairs for making good areas removed from random

samples for destructive testing shall be carried out by this method.

The contractors shall use standard electrodes depending on the thickness of plate and the type of joint.

They shall also use standard current and voltage required for the machine in use as per Manufacturer’s

directions. Welding electrodes shall conform to I.S.S. No.814 of 1967/1974 “Specifications for

covered electrodes for metal arc welding of mild steel (second or latest revision)”. Indian made or

equivalent foreign made electrodes of the required quality approved by the Engineer, shall be used

wherever possible. After completing the welding of joints of pipes or plates from one side, the welding

on the other side shall be taken up. Before starting welding on the other side, the joints shall be gauged

to remove irregular penetration till the even surface is exposed. Gauging shall be resorted to when the

plate thickness is above 6 mm.

Contractor shall bring skilled welder on site. Helpers to assist the welder shall also be arranged. Engineer in charge may check the workmanship quality. Mode of Measurement and payment: The payment shall be made on “Meter” basis.

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Annexure I FORM - I

DETAILS OF OTHER WORKS TENDERED FOR AND IN HAND AS ON THE DATE OF SUBMISSION OF THIS TENDER

Name of the Tenderer : Sr. No.

Name of the

work

Name and address of the Orgnisation for whom the work was

done

Place Countr

y

Work in hand Anticipated date of

completion

Works tendered for Remarks Tendered cost

Cost of remaining

work

Estimated cost

Date when decision is expected

Stipulated date or

period of completion

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

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FORM - II LIST OF MACHINERY AND CENTERING, FORM WORK OWNED & AVAILABLE

WITH THE TENDERER WHICH WILL BE USED ON THIS WORKS Name of the Tenderer : Sr. No.

Name of Equipment No. of Units

Type & makes

Capacity Age of Machinery

Present location with

name & address of the Organization

Whether the Machinery is

Hypothecated to any division, Bank or

Institution

Remarks

1. 2. 3. 4. 5. 6. 7. 8. 9.

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FORM - III LIST OF TECHNICAL PERSONNEL AVAILABLE

WITH THE TENDERER TO BE APPOINTED ON THIS WORK Name of the Tenderer : Sr. No. Name of Persons Designation / Post

held / Status Academic Qualification & Experience in

similar works Remarks

(any other points) 1. 2. 3. 4. 5.

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Annexure - II FORM OF BANK GUARANTEE BOND FOR SECURITY DEPOSIT

(On stamp paper as per stamp duty act)

In consideration of the Thane Municipal Corporation Thane (herein after called “TMC Thane”) having

agreed to exempt ___________________________ (herein after referred to as “the Contractor”) from

depositing with the TMC Thane in cash of the sum of Rs.________________ (Rupees

_______________________________ only) being the amount of security deposit payable by the

Contractor or to the TMC Thane under the terms and conditions of an agreement dated the

__________ day _______________ of and made between the TMC Thane of the one part and the

Contractor of the other part (here in referred to as "the said Agreement") for ________________ as

security for the due observance and performance by the Contractor of the terms and conditions of the

said Agreement, on the contract furnishing to the TMC Thane a guarantee in to the prescribed form of

a Scheduled Bank in India being in fact those present in the like sum of Rs._____________________

(Rupees ______________________________________ only). We

_____________________________________________ BANK/LIMITED registered in India under

____________________________ Act and having one of our local Head Office at

_____________________ ___________________ do hereby :

1) Guarantee to the TMC Thane.

(a) Due performance and observance by the Contractor of the terms, covenants and

conditions on the part of the Contractor contained in the said Agreement and

(b) Due and punctual payment by the Contractor to the TMC Thane of all sums of money,

losses, damages, cost charges, penalties and expenses payable to the TMC Thane by the

Contractor under or in respect to the said agreement.

2) Undertake to pay the TMC Thane on demand and without demand and not withstanding any

dispute or disputes raised by the Contractor(s) in any suit or proceeding filed in any Court of

tribunal relating there to the said sum of Rs.__________________ (Rupees

_______________________________ only) or such less sum may be demanded by the TMC

Thane from us our liability hereunder being absolute and unequivocal and agree that.

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3) (a) The guarantee herein contained shall remain in full force & effect during the

subsistence of the said agreement and the same will continue to be enforceable till all the dues

of the TMC Thane under or by virtue of the said agreement have been duly paid and its claims

satisfied or discharged and till the TMC Thane certifies that the terms and conditions of the

said agreement have been fully and properly carried out by the Contractor.

(b) We shall not be discharged or released from the liability under this guarantee by

reasons of

(i) Any change in the constitution of the bank of the Contractor, or

(ii) Any arrangement entered in between the TMC Thane and the Contractor with or

without our consent;

(iii) Any forbearance or indulgence shown to the Contractor;

(iv) Any variation in terms of covenants or conditions contained in

the said agreement;

(v) Any time given to the Contractor;

(vi) Any other conditions or circumstances under which, in law, a surety

Would be discharged;

(c) Our liability here under shall be joint and several with that of the Contractor as if we

were the principal debtors in respect of the said sum of Rs._____________________

(Rupees_______________________________

______________________________________________________________________

____________________________________________ only) and

(d) We shall not revoke this guarantee during its currency except with the previous consent

in wr iting of the TMC Thane. IN WITNESS WHERE OF THE common seal of

__________________ has been herein to affixed this ____________ day of

____________________ 201_______ . The common seal of was pursuant to the

resolution of the Board of Directors of the Company dated the _______________ day

of ____________________________________ herein affixed in the presence of

_________________________________ who, in token there of, have here to set their

respective hands in the presence of

(1) (2)

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FORM OF AGREEMENT

(On stamp paper as per stamp duty act)

1. THIS AGREEMENT is made on the ______________ day of 2002 between Thane Municipal Corporation, Thane hereinafter called "the Employer" of the One Part and _____________________________ (Name of Tenderer _______________________ ___________________________ (Mailing address of Contractor) "the Contractor" of the other part.

WHEREAS the Employer is desirous that certain works should be executed viz., (Name of the contract) and has accepted a Tender by the Contractor for the execution, completion and guarantee of such works NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement words and expression shall have the same meaning as are respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.,

a) All tender Documents as issued by the Employer for this work.

b) All amendments to the tender documents as issued by the Employer prior to submission of the bids.

c) Acceptance letter issued by the Employer vide No. _________ And all correspondence exchanged between the Employer and the Contractor upto the date of issue of acceptance letter as specifically referred to in the said acceptance letter.

3. In consideration of the payment to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the works in conformity in all respects with the provisions of the contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution, completion, of the Works the contract price at the times and in the manner prescribed by the Contract.

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IN WITNESS WHEREOF the parties hereto have caused their respective Common Seals to be hereunto affixed (or have hereunto set their respective hands and seals) the day and year first above written.

SIGNED, SEALED AND DELIVERED

: Thane Municipal Corporation, Thane

CONTRACTOR OWNER

on behalf of the Contractor on behalf of the Employer

Name___________________ Name:-

( City Engineer)

Address: Address:

Maharashtra, INDIA Maharashtra, INDIA

in the presence of : in the presence of :

Name___________________ Name___________________________

Address ________________ Address _______________________

_______________________ ______________________________

Standing Committi Members:- 1) 2)

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Annexure -III

No Demand Certificate On Contractor's Letterhead

To, Date : _____________

City Engineer,

Thane Municipal Corporation, Thane.

Adv. Almeida Road, Panchpakhadi,

Thane.

Subject :- ..... Name of work ............................

NO DEMAND CERTIFICATE

This is to certify as under

We hereby confirm and assure in writing that we have no claim/demand of any amount from Thane Municipal Corporation in respect of the above said work which was awarded on us vide work order No. ____________ dated _________________.

We indemnify Thane Municipal Corporation against any claim/demand. Any matter arise in future in respect of this contract from either our supplier, sub contractors or labours who have contributed their services directly/indirectly for this contract.

Authorized Signatory

(__________Name__________)

For __________Name of the Agency________

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No Claim Certificate for Labour On Contractor's Letterhead

To,

City Engineer,

Thane Municipal Corporation, Thane.

Adv. Almeida Road, Panchpakhadi,

Thane.

Subject :- ..... Name of work............................

NO CLAIM CERTIFICATE FOR LABOUR

This is to certify as under

We hereby confirm that we have paid all the wages to all the labours employed under this contract as per minimum Wages declared by the Govt. of Maharashtra.

In case in future any claim arise inadvertently shall be dealt by us as we understood that this is our sole responsibility.

We indemnify Thane Municipal Corporation against any claim arised in future in respect of this contract from any labour deployed by us on the works under this contract.

Authorised Signatory

(__________Name__________) For __________Name of the Agency________

THANE MUNICIPAL CORPORATION, THANE

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