AndheriFlyoverDT13 03 2024
AndheriFlyoverDT13 03 2024
Website: http://mahatenders.gov.in
Office of: Chief Engineer (Bridges)
Engineering Hub Building,
Dr. E. Moses Road, Worli Naka, Worli, Mumbai- 400 018.
Bid No. :
INDEX
1 E-Tender Notice 1
2 Eligibility Criteria 6
3 Disclaimer 10
4 Introduction 13
6 Instructions to Applicants 17
7 Scope of Work 47
8 Bill of Quantities 60
14 Appendix 147
16 Circular 181
17 Location 232
E-TENDER NOTICE
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BRIHANMUMBAI MUNICIPAL CORPORATION
Chief Engineer (Bridges)
No. Ch E/10427 /Bridges dated
E-TENDER NOTICE
The bidder shall note the guidelines for Provisions incorporated in circulars attached herewith in
the Draft Tender.
Notes:
i. Estimated cost of the project is as per 2023 SOR Schedule exclusive of GST.
ii. Any additional GST burden will be dealt with; as per Circular CA/Finance/Project/28/ dated
28.03.2023 issued by CA (F) department.
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i) To download the application form, for those applicants not having vendor registration, need to
apply first for vendor registration at the office of Account Officer (FAR), 3rd floor, Municipal
Headquarter.
ii) Followed by SRM login ID and password to be obtained from Central Purchase Department
(CPD), Office at Byculla, Bakariadda, Mumbai.
ii) For e-Tendering registration, enrollment for digital signature certificates and user manual,
please refer to respective links provided in ‘Tenders’ tab. Vendors can get digital signature from
any one of the Certifying Authorities (CA's) licensed by controller of certifying authorities
namely, Safe’s crypt, IDRBT, National informatics center, TCS, CUSTOMS, MTNL, GNFC and
e- Mundhra CA.
Cost of
Sr. Estimated cost E.M.D. in Contract
Name of work Tender
No. in Rs. Rs. period
Scrutiny fee
In terms of the 3-stage system of e-tendering, a Bidder will be required to deposit, along with its
Bid, an Earnest Money Deposit of Rs. 95,89,300.00/-(In words–Ninety Five Lakh Eighty Nine
Thousand and Three Hundred only)(the "EMD"), refundable in accordance to the relevant
clause of bid document, from the Bid Due Date, except in the case of the selected Bidder whose
Bid Security/EMD shall be retained. The Bidders will have to provide Earnest Money Deposit
through the payment gateways while submitting the bids. The Bid shall be summarily rejected if
it is not accompanied by the Earnest Money Deposit. The e-tender is available on e-Procurement
System of Government of Maharashtra (Mahatenders) (http://mahatenders.gov.in)
As per THREE Packet systems, the document for Fee, Pre-Qual /Technical, Finance known as
Packet A, B & C respectively and the same is to be uploaded by the bidder in vendors’ document
online in Packet A, B & C. Packet A, B & C shall be opened on dates as mentioned in header
data. All the responsive and eligible bidders if they so wish can be present at the time of opening
of bids, in the office of Chief Engineer (Bridges). The Packet C shall be opened if bids submission
in Packet A& B satisfies/includes all the requirements and same are found acceptable to the
Authority.
The Municipal Commissioner reserves the right to reject all or any of the e- tender(s) without
assigning any reasons at any stage.
The dates and time for submission and opening the bids are as shown in the Header Data. If there
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are any changes in the dates the same will be displayed on e-Procurement System of Government
of Maharashtra (Mahatenders) (http://mahatenders.gov.in).
The Applicants interested in the above referred works may contact the Chief Engineer (Bridges)
at the following address on any working day during office hours.
Office of:
Chief Engineer (Bridges), BMC
Zero Floor, Engineering Hub Building,
Dr. E. Moses Road, Worli Naka,
Worli, Mumbai- 400 018.
The applicants may wish to visit the site under reference at Andheri (East) (Andheri Flyover) and
can collect the information of the present status from the department who have invited the bids.
The BMC reserves the rights to accept any of the application or reject any or all the application
received for above works, without assigning any reasons thereof. The information regarding
above subject matter is available on Website of e-Procurement System of Government of
Maharashtra (Mahatenders) (http://mahatenders.gov.in)
The tender copy can be downloaded from e-Procurement System of Government of Maharashtra
(Mahatenders) (http://mahatenders.gov.in)
-Sd/-
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HEADER DATA
Last date & time for sale of tender 01/04/2024 up to 12:00 Hrs.
Submission of Packet A, B & Packet C
Online & (Receipt of Bid Security 01/04/2024 up to 16:00 Hrs.
Deposit).
Pre-Bid Meeting --
-Sd/-
Chief Engineer (Bridges)
Note : Bidder should note that the Tender Scrutiny fee of Rs. 25000/- + 18 % GST will be payable
immediately after opening of Packet A & B and before opening of Packet C in any of the Ward
Citizens Facilitation Centers (CFCs) as per Circular No. CA/FRG/03 dt. 11.05.2023.
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SECTION 2
ELIGIBILITY CRITERIA
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2.1 Technical Capacity (Project Experience):
The tenderer(s) in their own name should have satisfactorily executed the work of similar nature
BMC /Semi Govt. /Govt. & Public Sector Organizations during last seven (7) years ending last
day of month previous to the one in which bids are invited as a prime Contractor (or as a
nominated sub-Contractor, where the subcontract had involved similar nature of work as
described in the scope of works in this bid document, provided further that all other qualification
criteria are satisfied)
a) Three similar completed works or currently executing three works of similar nature each
costing 40% of estimated cost. *
OR
b) Two similar completed works or currently executing two works of similar nature each
costing 30% of estimated cost. *
OR
c) One completed work or currently executing one work of similar nature of aggregate 20%
of estimated cost. *
The value of executed works shall be brought to current costing level by enhancing the actual
value of work at compound rate of 10 % per annum; calculated from the date of completion to
last date of receipt of applications for tenders.
Note:-
Similar nature means structural repairs of Metro/ Bridges/ ROB/ flyovers involving
strengthening of girders with CFRP Laminates & wrapping, lifting of girders and
replacement of bearings in live traffic for not less than 20 m span.
Note: -
1) The bidder should have successfully completed the work of strengthening of bridges with
CFRP Laminates with a minimum cumulative quantity (of all projects) of 30% of
combine quantity of BOQ item no. 6 and 7 in last 7 financial years.
2) The bidder should have successfully completed the work of strengthening of bridges with
CFRP Wrapping with a minimum cumulative quantity (of all projects) of 30% of
quantity of BOQ item no. 9 in last 7 financial years.
3) The bidder should have successfully completed the work of crack filling with epoxy
grouting for bridges in last 7 financial years.
4) The bidder should have successfully completed the work of lifting of girders and
replacement of bearings in live traffic for not less than 20 m span in last 7 financial years.
*In case of ongoing works to be considered, the bidder must have received payment bills of
80% of the contract sum for the work/works executed last day of month previous to the one
in which bids are invited.
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invited.
▪ To ascertain this, tenderer(s) shall furnish /upload the financial statement (Audited
balance sheet) duly certified by Chartered Accountant.
▪ The turnover can be enhanced by 10% every year to bring the present level
The value of completed works shall be brought to current costing level by enhancing the actual
value of work at compound rate of 10 % per annum calculated from the date of completion to
last date of receipt of applications for tenders
2.3 Similar Experience:
Note:-
Similar nature means structural repairs of Metro/ Bridges/ ROB/ flyovers involving
strengthening of girders with CFRP Laminates & wrapping, lifting of girders and
replacement of bearings in live traffic for not less than 20 m span.
Note: -
1) The bidder should have successfully completed the work of strengthening of bridges with
CFRP Laminates with a minimum cumulative quantity (of all projects) of 30% of
combine quantity of BOQ item no. 6 and 7 in last 7 financial years.
2) The bidder should have successfully completed the work of strengthening of bridges with
CFRP Wrapping with a minimum cumulative quantity (of all projects) of 30% of
quantity of BOQ item no. 9 in last 7 financial years.
3) The bidder should have successfully completed the work of crack filling with epoxy
grouting for bridges in last 7 financial years.
4) The bidder should have successfully completed the work of lifting of girders and
replacement of bearings in live traffic for not less than 20 m span in last 7 financial years.
A = Maximum value of Civil Engineering works executed in any one year (year means Financial
year) during the last five years (updated to the price level of the Financial year in which bids are
received at a rate of 10% per year) taking into account the completed as well as works in progress.
N = Number of years prescribed for completion of the Project/Works, excluding monsoon period,
for which these bids are being invited. (E.g.,12months = 12/12 year) For every intervening
monsoon 0.33 shall be added to N.
B = Value of existing commitments (only allotted works) on the last date of submission of bids
as per bidding document and on-going works to be completed during the period of completion of
the Project/Works for which these bids are being invited.
Note: The statement showing the value of existing commitments and on-going works as well as
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the stipulated period of completion remaining for each of the works listed should be attached
along with certificates duly signed by the Engineer-in Charge, not below the rank of an Executive
Engineer or equivalent.
Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
- Made misleading or false representation in the forms, statements and attachments submitted in
proof of the qualification requirements and/or
- Record for poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, financial failures, etc.
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SECTION 3
DISCLAIMER
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DISCLAIMER
This e-tender includes statements, which reflect various assumptions and assessments arrived at
by the Municipal Corporation of Greater Mumbai (BMC) in relation to the Project. Such
assumptions, assessments and statements do not purport to contain all the information that each
Applicant may require. This e-tender may not be appropriate for all persons, and it is not possible
for the Municipal Corporation of Greater Mumbai (BMC), its employees or advisors to consider
the investment objectives, financial situation and particular needs of each party who reads or uses
this e-tender. The assumptions, assessments, statements and information contained in this e-tender
may not be complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its
own investigations and analysis and should check the accuracy, adequacy, correctness, reliability
and completeness of the assumptions, assessments, statements and information contained in this
e-tender and obtain independent advice from appropriate sources.
Information provided in this e-tender to the Applicant(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Municipal Corporation of Greater Mumbai (BMC) accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed
here.
The Municipal Corporation of Greater Mumbai(BMC), its employees and advisors make no
representation or warranty and shall have no liability to any person, including any Applicant or
Bidder, under any law, statute, rules or regulations or tort, principles of restitution or unjust
enrichment or otherwise for any loss, damages, cost or expense which may arise from or be
incurred or suffered on account of anything contained in this e-tender or otherwise, including the
accuracy, adequacy, correctness, completeness or reliability of the e-tender and any assessment,
assumption, statement or information contained therein or deemed to form part of this e-tender or
arising in any way with pre-qualification of Applicants for participation in the Bidding Process.
The Municipal Corporation of Greater Mumbai (BMC) also accepts no liability of any nature
whether resulting from negligence or otherwise howsoever caused arising from reliance of any
Applicant upon the statements contained in these-tender.
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The Municipal Corporation of Greater Mumbai (BMC) may, in its absolute discretion but without
being under any obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this e tender.
The issue of this e-tender does not imply that the Municipal Corporation of Greater Mumbai
(BMC) is bound to select and short-list pre-qualified Applications for Bid Stage or to appoint the
selected Bidder or Concessionaire, as the case may be, for the Project and the Municipal
Corporation of Greater Mumbai (BMC) reserves the right to reject all or any of the Applications
or Bids without assigning any reasons whatsoever.
The Applicant shall bear all its costs associated with or relating to the preparation and submission
of its Application including but not limited to preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations which may be required by The
Municipal Corporation of Greater Mumbai (BMC) or any other costs incurred in connection with
or relating to its Application. All such costs and expenses will remain with the Applicant and the
Municipal Corporation of Greater Mumbai (BMC) shall not be liable in any manner whatsoever
for the same or for any other costs or other expenses incurred by an Applicant in preparation or
submission of the Application, regardless of the conduct or outcome of the Bidding Process
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SECTION 4
INTRODUCTION
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4.1. Background:
The Mumbai Metropolis has historic tradition of strong civic activism dedicated to the cause of a
better life for all its citizens. And it’s the Brihanmumbai Municipal Corporation (BMC), hereafter
called the “corporation”, the primary agency responsible for urban governance in Greater
Mumbai.
BMC (The Authority) is one of the largest local self-governments in the Asian Continent. In
observance of historic traditions of strong civic activism, with the change in time and living
conditions to match with the urbanization, BMC has mainly focused in providing almost all kinds
of engineering services viz, Hydraulics, storm water drain, sewerage, water supply projects, roads,
bridges, solid waste management, and environmental services. Beside this, the BMC is also
providing dedicated services in various segments such as Health, Primary Education as well as
the construction and maintenance of Public Markets and Slaughterhouses.
BMC is an organization having different departments, right from engineering depts. to health
depts. Moreover, we have other dept. like education, market, fire brigade dept., Octroi and other
such departments where quite a good number of staff members are working.
BMC is primarily an organization, which in the interest of citizens and with the speed of
urbanization deals with the variety of the infrastructure services and delivered to the public by
different departments like Water Supply Projects, Sewerage Projects, Hydraulics, Storm Water
Drain/Roads and bridges and Building Construction etc.
The existing bridge needs to be strengthened and damaged bearings needs to be replaced.
Contractor shall submit construction methodology and phasing in detail proposed along with his
offer. Vehicular and pedestrian movement in the area should not be affected during entire
construction period. Hence, before starting the work barricading, signals, warning signals etc.
shall be provided, in order not to affect the vehicular and pedestrian movement and the utilities.
Traffic wardens shall be provided during the entire execution of work as per the directions of
Traffic Police department.
The repairs shall be carried out as per the audit report submitted by the Structural Consultant.
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SECTION 5
E-TENDERING ONLINE SUBMISSION
PROCESS
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E-TENDERING ONLINE SUBMISSION PROCESS
NOTE: This tendering process is covered under Information Technology ACT & Cyber Laws as
applicable
(1) In e-tendering process some of the terms and its definitions are to be read as under wherever
it reflects in online tendering process.
I. Before entering into online tendering process, the contractors should complete the
registration process so as to get User ID for E-tendering links. For this, the contractors shall
refere e-procurement system of Government of Maharashtra (Mahatenders)
(http://mahatenders.gov.in)
The Municipal Commissioner reserves the right to reject all or any of the e-Tender(s) without
assigning any reason at any stage. The dates and time for submission and opening the tenders are
as shown in the Header Data. If there are any changes in the dates the same will be displayed on
e-procurement system of Government of Maharashtra (Mahatenders)
(http://mahatenders.gov.in)
As the entire tendering procedure is online process, the physical submission of documents
shall not be entertained.
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SECTION 6
INSTRUCTIONS TO APPLICANTS
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INSTRUCTIONS TO APPLICANTS
➢ Scope of Application
The Authority wishes to receive Applications for Qualification in order to SELECT experienced
and capable Applicants for the Bid Stage.
➢ Eligibility of Applicants
The Municipal Corporation of Greater Mumbai (BMC) invites e-tender to appoint Contractor for
the aforementioned work from contractors of repute, multidisciplinary engineering organizations
i.e. eminent firm, Proprietary/Partnership Firms/ Private Limited Companies/ Public Limited
Companies/Companies registered under the Indian companies’ act 2013, the contractors
registered with the Municipal Corporation of Greater Mumbai, (BMC) in Class I (A) and
above as per new registration (excluding those who are blacklisted or against whom FIR has
been filed) or Those having equivalent or more work experience from Central or State
Government/Semi Govt. Organization/Central or State Public Sector Undertakings works, will be
allowed subject to condition that, the contractors who are not registered with BMC will have to
apply for registering their firm within three months from date of issue of work order failing which
their Bid security i.e. EMD (Earnest Money Deposit) will be forfeited recovered and a penalty
0.1 % of contract cost OR Rs.10,000/- whichever is more will be recovered / deducted from the
Contractors payment / bill by the executing department.
To be eligible for pre-qualification and short-listing, an Applicant shall fulfill the following
conditions of eligibility:
a) Three similar completed works or currently executing three works of similar nature each
costing 40% of estimated cost. *
OR
b) Two similar completed works or currently executing two works of similar nature each
costing 30% of estimated cost. *
OR
c) One completed work or currently executing one work of similar nature of aggregate 20%
of estimated cost. *
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The value of executed works shall be brought to current costing level by enhancing the actual
value of work at compound rate of 10 % per annum; calculated from the date of completion to
last date of receipt of applications for tenders.
*In case of ongoing works to be considered, the bidder must have received payment bills of
80% of the contract sum for the work/works executed last day of month previous to the one
in which bids are invited.
Note: -
Similar nature means structural repairs of Metro/ Bridges/ ROB/ flyovers involving
strengthening of girders with CFRP Laminates & wrapping, lifting of girders and
replacement of bearings in live traffic for not less than 20 m span.
Note: -
1) The bidder should have successfully completed the work of strengthening of bridges with
CFRP Laminates with a minimum cumulative quantity (of all projects) of 30% of
combine quantity of BOQ item no. 6 and 7 in last 7 financial years.
2) The bidder should have successfully completed the work of strengthening of bridges with
CFRP Wrapping with a minimum cumulative quantity (of all projects) of 30% of
quantity of BOQ item no. 9 in last 7 financial years.
3) The bidder should have successfully completed the work of crack filling with epoxy
grouting for bridges in last 7 financial years.
4) The bidder should have successfully completed the work of lifting of girders and
replacement of bearings in live traffic for not less than 20 m span in last 7 financial years.
B) Financial Capacity
Achieved an average annual financial turnover as certified by ‘Chartered Accountant’ (in all
classes of civil engineering construction works only) equal to 30% of the estimated cost of work
in last three (3) financial years immediately preceding the Financial Year in which bids are
invited.
▪ To ascertain this, tenderer(s) shall furnish /upload the financial statement (Audited balance
sheet) duly certified by Chartered Accountant.
▪ The turnover can be enhanced by 10% every year to bring the present level
▪ The value of completed works shall be brought to current costing level by enhancing the
actual value of work at compound rate of 10 % per annum; calculated from the date of
completion to last date of receipt of applications for tenders.
C) Bid Capacity:
A = Maximum value of Civil Engineering works executed in any one year (year means Financial
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year) during the last five years (updated to the price level of the Financial year in which bids are
received at a rate of 10% per year) taking into account the completed as well as works in progress.
N = Number of years prescribed for completion of the Project/Works, excluding monsoon period,
for which these bids are being invited. (E.g.12 months = 12/12 year) For every intervening
monsoon 0.33 shall be added to N.
B = Value of existing commitments (only allotted works) on the last date of submission of bids
as per bidding document and on-going works to be completed during the period of completion of
the Project/Works for which these bids are being invited.
Note: The statement showing the value of existing commitments and on-going works as well as
the stipulated period of completion remaining for each of the works listed should be attached
along with certificates duly signed by the Engineer-in Charge, not below the rank of an Executive
Engineer or equivalent.
Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
- made misleading or false representation in the forms, statements and attachments submitted in
proof of the qualification requirements and/or
- Record for poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, financial failures etc.
Regular and Routine Works: The successful bidder will make the arrangements of the required
equipment on the day of Commencement or with respect to the progress of the work in phases, as
per the instructions of site in charge. The successful bidder and, to that effect he will ensure
commitment on an undertaking on Rs.500 stamp paper to be submitted along with the Bid in
Packet B. However, this condition in no way shall dilute the respective condition in Registration
Rules of BMC.
Note:
1. Bidders shall submit the undertaking for equipment capability and other undertakings as
such on a single Rs.500/- stamp paper.
2. Insistence of availability of equipment’s/plants at particular distance from site should not
be made in the tender document.
3. In case any requirement of machinery is felt necessary to be mentioned in tender
document for a regular and routine works or new and original work, approval of
concerned AMC shall be obtained.
E) Technical Personnel:
The contractor and/or its managerial staff should have qualification/experience appropriate to the
function they fulfill. The minimum standard shall be increased by asking that at least one number
or more of the contractor or its managerial staff have acquired qualifications or work experience
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to the needs of the contract. The minimum standard may also state that the person or persons
responsible for managing the works must have a minimum of no’s of years’ experience working
on similar nature of projects.
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Cost of Work (Rs. In Requirement of Technical Minimum Experience in Designation
Crore) Staff Years
Qualification Number
More than i)Graduate Project Manager
50 to 100 Engineer 1 20
ii)Graduate 1+1 12
Deputy Project
Engineer
Manager
iii)Graduate
Engineer
2+1 5 or 10 Project / Site Engineer
Or
Diploma
Engineer
Quality Engineer
iv)Graduate 1 8
Engineer
Surveyor
v) Diploma 1 8
Engineer
NOTE:
1. The minimum suggested Personnel, with the prescribed construction schedule prior to
bidding of this bid are shown in the above list.
2. The tenderer(s) should upload general information on the Organizational set up of the
firm, to allow the employer to review their proposals.
3. “Cost of work”, in table above, shall mean the agreement amount of the work.
4. Rate of recovery in case of non-compliance of the clause be stipulated at following rates:
-
Rate of
Sr. No Qualification Experience(Years)
Recovery
5 Surveyor 8 Rs.15000/-p.m.
5. Nothing extra need to be added while preparing market rate justified amount of the work
if stipulation is made as per above recommended scale of technical staff.
6. Requirement of technical staff and their experience can be varied depending upon cost
and complexity of the work by competent authority i.e. Chief Engineer with recorded
reasons.
7. The failure in providing experienced technical and professional ability personnel and even
ignoring the instruction of the Engineer-in-charge shall be linked to penalization. Such
disobeying attitude of the contractor shall also be reported to Vigilance/Registration &
Monitoring department.
J) Contract may be rescinded and security deposit forfeited for bribing a public officer or
if contractor becomes insolvent:
If the contractor assigns or sublets his contracts or attempt so to do, or become insolvent or
commence any proceeding to get himself adjudicated and insolvent or make any composition with
his creditors, or attempt so to do or if bribe, gratuity, 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 through any public officer, or person in the employ of
BMC/Govt. in any way relating to his office or employment, or if any such officer or person shall
become in any way directly or indirectly interested in the contract the Engineer In-charge may
thereupon, by notice in writing rescind the contract and the Security Deposit of the Contractor
shall thereupon stand forfeited and be absolutely at the disposal of BMC and the same
consequences shall ensure as if the contract had been rescinded under above clause J hereof; and
in addition the contractor shall not be entitled to recover or be paid for any work therefore actually
performed under the contract.
K) It will be entirely responsibility of the contractor to provide and install secure barricades on
work site, wholly at his cost. The barricading shall be provided as per specifications and as per
site requirements and the circular issued u/no. MGC/F/6342 dated 05.05.2018 shall be applicable.
BMC will not make any payments towards barricading, contractor shall quote accordingly.
L) All the excavated material belongs to the Municipal Corporation of the Greater Mumbai and
therefore shall be the property of BMC. The excavated material shall be removed from site and
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dump to suitable dumping ground at the risk and cost of the contractors. The payment of
transportation charges shall not be paid by the BMC. The bidder has to consider all the cost above
and have to quote accordingly.
I(C) 1500
IV 150 15 60 80
IV(A) 90 9 40 60
V 50 5 25 30
V(A) 30 3 15 10
VI 15 2 7.5 10
VII 7 1 1.5 3
IX 2 0.25 0.5 1
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Submission of Tenders
PACKET – A
The Packet ‘A’ shall contain scanned certified copies of the following documents
Scrutiny of this packet will be done strictly with reference to only the scanned copies of
Documents uploaded online in packet ‘A’
a) Valid Registration Certificate.
b) Valid Bank Solvency Certificate of Minimum Solvency amount as governed by Registration
Rules in force for respective Class of Contractor for Civil and M & E works.
c) Valid GST Registration Certificate.
d) Certified copies of valid 'PAN' documents and photographs of the individuals, owners, Karta
of Hindu undivided Family, firms, private limited companies, registered co-operative societies,
partners of partnership firms and at least two Directors, if number of Directors are more than two
in case of Private Limited Companies, as the case may be. However, in case of Public Limited
companies, Semi Government Undertakings, Government Undertakings, no 'PAN' documents
will be insisted.
e) Latest Partnership Deed in case of Partnership firm duly registered with Chief Accountant
(Treasury) of BMC.
f) The bidders shall categorically provide their Email-ID in Packet ‘A’.
NOTE:
• If the tenderer(s) withdraw tender offer during the tender validity period, his entire E.M.D
shall be forfeited.
• If it is found that the tenderer has not submitted required documents in Packet “A” then, the
shortfalls will be communicated to the tenderer through e-mail only and compliance required
to be made within a time period of three working days otherwise they will be treated as non-
responsive.
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PACKET – B
The Packet ‘B’ shall contain scanned certified copies of the following documents –
a) The list of similar type of works as stated in Technical Capacity of Eligibility Criteria
successfully completed during the last Seven (7) years in prescribed proforma, in the role of
prime contractor (or as a nominated sub-Contractor, where the subcontract had involved similar
nature of work as described in the scope of works in this bid document, provided further that all
other qualification criteria are satisfied). Information furnished in the prescribed proforma
(Proforma – I) shall be supported by the certificate duly self-attested. Documents stating that it
has successfully completed during the last seven years at least one contract of similar works as
stated in Eligibility Criteria.
b) Annual financial turnover for preceding three financial years as certified by Chartered
Accountant preceding the Financial Year in which bids are invited. Copies of Applicants duly
audited balance sheet and profit and loss account for the preceding five financial years
preceding the Financial Year in which bids are invited. (Proforma –II)
c) Documents stating that, it has access to or has available liquid assets, unencumbered assets,
lines of credit and other financial means (independent of any contractual advance payment)
sufficient to meet the construction cash flow requirements for the subject contract in the event of
stoppage, start-up, or other delay in payment, of the minimum 15% of the cost of the work
tendered for, net of the tenderer's commitment of other contracts (Certificate from Bankers /
C.A./Financial Institution shall be accepted as a evidence).
d) The bidder shall give undertaking on Rs 500/-stamp paper that it is his/their sole responsibility
to arrange the required machineries either owned/on lease or hire basis, at site before start of the
work
i) Regular and Routine Works: The successful bidder will make the arrangement of the
required equipment on the day of Commencement or with respect to the progress of the
work in phases, as per the instructions of site in charge. The successful bidder and to the
effects he will ensure his commitment on an undertaking on Rs.500 stamp paper to be sub-
mitted along with the Bid in Packet B. However, this condition in no way shall dilute the
respective condition in Registration Rules of BMC.
e) Details of works in hand (Proforma VI-A & VI-B) (original), along with copies of work orders
& attested copies of percentage of works completed or part thereof.
f) Statement showing assessed available Bid Capacity.
g) The undertaking of Rs.500/- stamp paper as per the proforma annexed in ‘Annexure B &C’
Note: Bidders shall submit the undertaking for equipment capability and other
undertakings as such on a single Rs.500/- stamp paper.
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h) The tenderers shall upload work plan as per the following outline:
1. GANTT chart/ PERT/ CPM/Bar chart showing the completion of work within prescribed
time period, considering major activities.
2. Organizational set up envisaged by the contractors.
3. Plant & equipment proposed to be deployed for this work.
4.Site Offices and Laboratories proposed to be setup.
5. A note on how the whole work will be carried out (work plan including methodology).
6. Quality management plan.
7. All the activities included in the Scope of Work shall be covered in the work plan.
i) The tenderer shall submit the signed copies of all addendums & corrigendum’s, if any.
j) The litigation history as per the clause no 2.8. The bidder shall disclose the litigation history in
packet B under the head “details of Litigation History” as per circular u/no. MGC/F/6565 dt.
25.09.2018
(PROFORMA VII)
If there is no litigation history, the bidder shall specifically mention that there is no litigation
history against him as per the clause of litigation history.
In case there is Litigation History, - Litigation History must cover –Any action of blacklisting,
debarring, banning, suspension, de-registration and cheating with BMC, State Govt., Central
Govt. or any authority under State or Central Govt./Govt. organization initiated against the
company, firm, directors, partners or authorized signatory shall be disclosed for last five years
from the date of submission of bid. Also, bidder must disclose the Litigation History for last five
years from the date of submission of bid about any action like show cause issued, blacklisting,
debarring, banning, suspension, deregistration and cheating with BMC and BMC is the party in
the Litigation against the company, firm, directors, partners or authorized signatory for carrying
out any work for BMC by any authority of BMC and the orders passed by the competent authority
or by any court where BMC is a party. While taking decision on Litigation History the concerned
Chief Engineer or D.M.C. or Director, as may be the case, should consider the details submitted
by the bidder and take decision based on the gravity of the litigation and the adverse effects of
the act of the company, firm, directors, partners or authorized signatory on the BMC works which
can spoil the quality, output, delivery of any goods or any work execution and within the time
frame.
k) The list of the ‘Technical personnel’s’ with their qualification, working in the tenderer’s
establishments as per pro-forma IV.
l) Notarized undertaking on Rs.500/- stamp paper as per clause no 10.37 (arbitration clause)
m) The bidder/tenderer shall submit valid registration certificate under E.S.I.C., Act 1948, if the
bidder/tenderer has more than 10 employees /persons on his establishment (in case of production
by use of energy) and 10 employees/persons on his establishment (in case of production without
use of energy) to BMC. In case of less employees/persons than mentioned above then the
successful bidder/tenderer has to submit an Notarized undertaking to that effect on Rs. 500 stamp
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paper as per circular u/no. CA/FRD/I/65 of 30.03.2013.
m) The bidder/tenderer shall submit valid registration certificate under E.P.F. &M.P. Act 1952,
if bidder/tenderer has more than 20 employees/persons on his establishment, to BMC. In case if
the successful tenderer /bidder has less employees/persons than mentioned above then the
successful bidder has to submit an Notarized undertaking to that effect on Rs. 500 stamp paper as
per circular u/no. CA/FRD/I/44 of 04.01.2013.
Note: -
If it is found that the tenderer has not submitted required documents in Packet “B” then, the
shortfalls will be communicated to the tenderer through e-mail only and compliance is required
to be made through e-mail within a time period of three working days, otherwise they will be
treated as non-responsive.
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PACKET – C
a) Online tender filled in either percentage plus or minus (above or below), or at par. (There is no
separate provision to quote % in physical form, this is a part in Header Data of online Tendering).
For Packet ‘C’ tenderer(s) will fill data in ‘Item Data Tab’ in Service Line Item via Details and
quotes his percentage variation figures. (If entered ‘0’ it will be treated as ‘at par’. By default,
the value is zero only).
Note: In case of rebate/premium of 15% and above as quoted by the tenderer, the rate
analysis of major items shall be submitted by L1 and L2 bidder after demand notification
by e-mail to bidders by concerned Dy. Ch. Eng. The format for rate analysis is annexed at
Annexure D.
INTERNAL GRIEVANCE REDRESSAL MECHANISM
As per circular u.no. Dy.Ch.E/CPD/2025/ dt01.09.2021/Ch.E. (Vig.)/436/B/dtd. 18.05.2023
New clause of regarding Grievance Redressal Committee (GRC) to address grievances from
bidders is applicable)
M.C.G.M. has formed a internal Grievance Redressal Mechanism for Redressal of bidders
grievances. Any Bidder or prospective Bidder aggrieved by any decision, action or omission of
the procuring entity being contrary to the provisions of the tender or any rules or guidelines issued
therein, In packet `A’, `B’ & `C’ can make an application for review of decision of responsiveness
in Packet `A’, `B’ & `C’ within a period of 7 Days or any such other period, as may be specified
in the bid document.
While making such an application to procuring entity for review, aggrieved bidders or prospective
bidders shall clearly specify the ground or grounds in respect of which he feels aggrieved.
Provided that after declaration of a bidder as a successful in Packet `A’ (General Requirements),
an application for review may be filed only by a bidder who has participated in procurement
proceedings and after declaration of successful bidder in Packet `B’ (Technical Bid), an
application may be filed only by successful bidders of Packet `A’. Provided further that, an
application for review of the financial bid can be submitted, by the bidder whose technical bid is
found to be acceptable/responsive.
Upon receipt of such application for review, M.C.G.M. may decide whether the bid process is
required to be suspended pending disposal of such review. The M.C.G.M. after examining the
application and the documents available to him, give such reliefs, as may be considered
appropriate and communicate its decision to the Applicant and if required to other bidders or
prospective bidders, as the case may be.
M.C.G.M. shall deal and dispose off the application as expeditiously as possible and in any case
within 10 days from the data of receipt of such application or such other period as may be specified
in pre-qualification document, Bidder registration document or bid documents, as the case may
be.
Where M.C.G.M. fails to dispose off the application within the specified period or if the bidder
or prospective bidder feels aggrieved by the decision of the procuring entity, such bidder or
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prospective bidder may file an application for redressal before the 'Internal Procurement Redressal
Committee’ within 7 days of the expiry of the allowed time or of the date of receipt of the decision,
as the case may be. Every such application for Internal redressal before redressal
Committee shall be accompanied by fee of Rs.25,000/- and fee shall be paid in the form of D.D.
in favor of M.C.G.M.
1st Appeal by the bidder against the decision of C.E./HoD/Dean can be made to concerned
DMC / Director who should decide appeal in 7days.
If not satisfied, 2nd appeal by the bidder can be made to concerned A.M.C for decision.
Grievance Redressal Committee (GRC) is headed by concerned D.M.C / Director of particular
department for the first appeal / grievances by the bidder against the decision for responsiveness
/ Non-responsiveness in Packet 'A’, Packet 'B’ or Packet 'C’, and if not satisfied, concerned
A.M.C, will take decision as per second appeal made by the bidder.
This grievance Redressal Committee (GRC) will be operated through DMC(CPD) office
where appeals of aggrieved bidder will be received with fee of Rs. 25000/- from aggrieved
bidder. The necessary correspondence in respect of said applications to the aggrieved bidder
& concerned department, issuing notices, arranging of grievance Redressal Committee
(GRC) with D. M. C. and further proceeding will be carried out through registrar appointed
by BMC.
No application shall be maintainable before the redressal committee in Regard of any decision of
the M.C.G.M. relating to following issues:
Determination of need of procurement
The decision of whether or not to enter into negotiations.
Cancellation of a procurement process for certain reasons.
On receipt of recommendation of the committee, it will be communicated his decision thereon to
the Applicant within 10 days or such further time not exceeding 20 days, as may be considered
necessary from the date of the recommendation and in case of non-acceptable of any
recommendation, the reason of such non- acceptance shall also be mentioned in such
communication.
Additional Municipal Commissioner and/or Grievance Redressal Committee, if found, come to
the conclusion that any such complaint or review is of vexatious, frivolous or malicious nature
and submitted with the intention of delaying or defeating any procurement or causing loss to the
procuring entity or any other bidder, then such complaint shall be punished with fine, which may
extend to Five Lac rupees or two percent of the value of the procurement, whichever is higher.
APPOINTING OF DESIGNATED OFFICER FOR CONTRACTORS’ GRIEVANCES
The Appellate Authority for Redressal of Contractors’ Grievances shall be as follows:
i. Ist Appeal by the bidder against the decision of C.E./HOD/Dean can be made
to concerned DMC/Director who should decide appeal in 7 days
ii. IInd Appeal by the bidder can be made to concerned AMC for decision and his
decision will be final.
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BID SECURITY OR EMD
• The Bidder shall furnish, as part of the Bid, Bid Security/EMD, in the amount specified in the
Bid Data Sheet. This bid security shall be in favor of the authority mentioned in the Bid Data
Sheet and shall be valid till the validity of the bid.
• The tenderers shall pay entire amount of EMD amount through payment gateway of GOM on
URL http://mahatenders.gov.in .The bidder shall upload scan copy of online paid EMD along
with the bid submission in Packet A.
• Any bid not accompanied by an acceptable Bid Security and not secured as indicated in sub-
clause mentioned above, shall be rejected by the Employer as non-responsive.
2. If Non-responsive
• If the bidder is found non-responsive after scrutiny of Packet ‘A’ / ‘B’ , in such circumstances,
the bidder will be made non-responsive and financial Packet ‘C’ of non-responsive bidder
will not be opened. However, there will not be any forfeiture of EMD.
3. Shortfalls
• Maximum 5 shortfalls of curable defects shall be allowed and in case, curable defects are not
complied by the bidder within given time period, the bidder shall be treated as ‘Non-
responsive’ & such cases will be informed to Registration and Monitoring Cell. Such non-
submission of documents will be considered as ‘Intentional Avoidance’ and if three or more
cases in 12 months are re-ported, shall be viewed seriously and disciplinary action against the
defaulters such as banning/de-registration, etc. shall be taken by the registration cell with due
approval of the concerned AMC.
4. Refund of EMD
• Except successful bidder all other unsuccessful bidders, 100% EMD paid online will be
refunded automatically.
• The Bid Security of the successful Bidder will be discharged when the Bidder has signed the
Agreement and furnished the required Security Deposits.
• The Bid Security/ EMD and ASD of L-2 and other higher bidders (L-3,L-4 etc) shall be
refunded immediately after opening of financial bid.
• In case, the successful bidder becomes non-responsive or successful bidder withdraws the bid
or is unwilling to extend the bid validity period, in such circumstances, if L-2 bidder is
agreeable to extend bid validity period and ready to deposit the requisite amount of bid
security/EMD and ASD to the department within the stipulated time period i.e.15 days, the
department will process further as per normal procedure.
• The Bid Security may be forfeited:
a) If the Bidder withdraws the Bid after bid opening (opening of technical qualification part of
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the bid during the period of Bid validity.
b) In the case of a successful Bidder, if the Bidder fails within the specified time limit to:
i. sign the Agreement; and/or
ii. Furnish the required Security Deposits
1. FORFEITURE OF EMD FOR BEINGNON-RESPONSIVE
1. The forfeiture of EMD in the cases wherein if these submissions are not followed by a
contractor, shall be informed by the user department to Registration and Monitoring Cell so as to
make a data-base of such defaults of the contractors.
2. In case of non-submission of documents be considered as ‘Intentional Avoidance’ and if three
or more cases in 12 months are reported, it shall be viewed seriously and disciplinary action
against the defaulters which includes demotion, suspension, etc shall be taken by Registration cell
as governed by relative provision in Registration Rules of BMC and Standard General Conditions
of Contract.
3. Incentive and penalty:
Please refer the GCC condition no.84
Note:
i) Curable Defect shall mean shortfalls in submission such as:
a. Non-submission of following documents,
i. Valid Registration Certificate
ii. Valid Bank Solvency
iii. Valid GST Certificate
iv. Certified Copies of PAN documents and photographs of individuals, owners, etc.
v. Partnership Deed and any other documents
vi. Undertakings as mentioned in the tender document.
ii) Non-curable Defect shall mean
a. In-adequate submission of EMD/ASD amount,
b. In-adequacy of technical and financial capacity with respect to Eligibility criteria as
stipulated in the tender.
c. No proper submission of experience certificate and other documents etc.
Please refer circular Ch.E./BM/01991/II/7.01.2019
d. Wrong calculation of Bid Capacity,
BID VALIDITY
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Bids shall remain valid for a period of not less than one eighty (180) days after the deadline
date for bid submission specified in Bid Data Sheet. A bid valid for a shorter period shall be
rejected by the Employer as non-responsive.
• In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the bidders may extend the period of validity for a specified additional period. The
request and the bidders’ responses shall be made in writing or by cable. A bidder may refuse
the request without forfeiting his Bid Security. A bidder agreeing to the re-quest will not be
required or permitted to modify his bid but will be required to extend the validity of his bid
security for a period of the extension.
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DEFECT LIABILITY PERIOD
• The Contractor is expected to carry out the construction work in Workmen like manner so as
to meet the requirement and specification for the project. It is expected that the Workmanship
and materials will be reasonably fit for the purpose for which they are required.
• Defects or defective work is where standard and quality of workmanship and materials as
specified in the contract is deficient. Defect is defined as a failure of the completed project to
satisfy the express or implied quality or quantity obligations of the construction contract.
Defective construction works are as the works which fail short of complying with the express
descriptions or requirements of the contract, especially any drawings or specifications with any
implied terms and conditions as to its quality, workmanship, durability, aesthetic, performance
or design. Defects in construction projects are attributable to various reasons.
• Some of the defects are structural defects results in cracks or collapse of faulty defective
plumbing, inadequate or faulty drainage system, inadequate or faulty ventilation, cooling or
heating systems, inadequate fire systems etc. The defects could be various on accounts of
different reasons for variety of the projects.
• The Engineering In charge/Project Officer shall issue the practical completion certificate for
the project. During the Defect Liability Period which commences on completion of the work,
the Engineering In charge shall inform or the contractor is expected to be informed of any
defective works by the Employer’s representative of the defects and make good at contractor’s
cost with an intention of giving opportunity to the contractor of making good the defects
appeared during that period. It is the contractor’s obligation under the contract to rectify the
defects that appear during Defect Liability Period and the contractor shall within a reasonable
time after receipt of such instructions comply with the same at his own cost. The Engineering
In charge/Project Officer shall issue a certificate to that effect and completion of making good
defects shall be deemed for all the purpose of this contract to have taken place on the day
named in such defect liability certificate.
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Dept Type of works DLP
For cement concrete road/
5 years
Mastic works
Asphalt work 3 years
Roads /
Paver Block / Flooring / Tiling Work /
Bridge 3 years
Painting / Minor Repair
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• Also, in case of defect, the Engineer shall give notice to the Contractor of any Defects before
the end of the Defects Liability Period, which begins at. The Defects Liability Period shall be
extended for as long as Defects remain to be corrected. Every time notice of Defect/Defects is
given, the Contractor shall correct the notified Defect/Defects within the duration of time
specified by the Engineer’s notice. The Engineer may issue notice to the Contractor to carry
out removal of defects or deficiencies, if any, noticed in his inspection, or brought to his notice.
The Contractor shall remove the defects and deficiencies within the period specified in the
notice and submit to the Engineer a compliance report.
• It is the Completion Stage when the contractor has completed all of the works and fixed all of
the defects that were on the list of issue by Engineer-in-charge. When this happens, the
engineer must issue a ‘Certificate of Completion’. On the issue of ‘Certificate of Completion’,
the ‘Defect Liability Period ‘starts. The contractor also must issue a ‘Certificate statement’ as
an acknowledgment to the engineer not later than 14 days after the ‘Certificate of Completion’
has been issued. During the ‘Defect Liability Period’, the contractor has to obey all written
instructions from the engineer to carryout repairs and fix any defects which appear in the
Permanent Works. If the contractor does not, due to his own faults finish the repair works or
fix the defects by the end of ‘Defect Liability Period’, the ‘Defect Liability Period’ will
continue until all works instructed by engineer is done.
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SECURITY DEPOSIT AND PERFOMANCE GUARANTEE
A. Security Deposit
The security deposit shall mean and comprise of
II) Retention Money–The contractor shall pay the retention money an amount equal to five (5)
Percent of the Contract Sum which will be recovered from the contractors every bill i.e., interim
/running / final bill. The clause of retention money will not be applicable M. & E. Department.
If the bidders fails to submit the A.S.D. applicable or submit inadequate A.S.D., in the form of
D.D. at least one day before opening of Packet C before 5.00 PM then the E.M.D. of the
respective bidder will be forfeited.
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plus
Additional Security Deposit = (X/100) x 2 x office estimated cost,
Where X=percentage rebate quoted over and above 20% rebate.
For further details on ASD please refer modified PQC conditions as per circular
DMC(Infra)/3732/ dtd. 13.10.2021 attached in Circular Section.
C. Performance Guarantee
The successful tender, hereafter referred to as the contractor shall pay in the form of
“Performance Guarantee” at different rates for different slabs as stated below:
Offer PG applicable %
For Premium, at par and PG= 0.92% x contract sum
rebate applicable for rebate of 12%
0 to 12%
For rebate of 12.01% P.G. = {0.92% x contract sum
applicable for rebate of 12%} + (X) x Contract sum
X=% rebate quoted more than 12%
Note: Contract sum shall mean amount after application of rebate /premium as quoted by
the contractor with contingencies only and excluding price variation.
Performance Guarantee is applicable over and above the clause of Security Deposit.
Performance Guarantee will have to be paid & shall be valid till the defect liability period
or finalization of final bill whichever is later.
This deposit will be allowed in the form of I to V as mentioned above and shall be paid
within 15 days after receipt of Letter of Acceptance.
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Note: Following exceptions shall be adopted for ‘Demolition Tenders’:
• BMC departments shall ensure to incorporate specific condition regarding above in bid
document and e-tender notice.
The Contract Deposit shall be released within 30 days after completion of 3rd year of DLP (in case
of 5 years DLP) and after issue of ‘Defect Liability Certificate’ (in case of 1 or 2 or 3 years DLP)
subject to no recoveries are pending against the said work, provided that the Engineer is satisfied
that there is no demand outstanding against the Contractor. No claim shall be made against the
Balance Contract Deposit after the issue of Defects Liability Certificate.
One-half (50%) of the Retention Money shall be released within 30 days of issue of ‘Certificate of
Completion’ with respect to the whole of the Works. In the event the Engineer issues a Taking-over
Certificate for a section or part of the Permanent Works, only such proposition thereof as the Engineer
determines (having regard to the relative value of such section or part of the Works) shall be considered
by the Engineer for payment to the Contractor.
The balance Retention Money shall be released within 30 days after completion of 3rd year of DLP (in
case of 5 years DLP) and after issue of ‘Defect Liability Certificate’ (in case of 1 or 2 or 3 years DLP)
provided that the Engineer is satisfied that there is no demand outstanding against the Contractor. In the
event of different Defects Liability Periods have been specified or become applicable to different
sections or parts of the Permanent Works, the said moneys will be released within 30 days on expiration
of the latest of such Defects Liability Periods.
Payment of the above mentioned 50% is exclusive of the amounts to be withheld as stated in and that
amount shall be paid as per condition stated therein.
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III. Refund of Additional Security Deposit
The additional security deposit shall be released within 30 days of issue of ‘Certificate of
Completion’ with respect to the whole of the Works. In the event the Engineer issues a Taking-
over Certificate for a section or part of the Permanent Works, only such proposition thereof as the
Engineer determines (having regard to the relative value of such section or part of the Works)
shall be considered by the Engineer for payment to the Contractor.
As regards to refund of ASD of L2 and downwards bidders paid in the form of DD will be
refunded on by taking approval of concerned Executive Engineer.
*Note: a) It shall be clearly mentioned that the BG shall be applicable for individual work/contract
and clubbing of various contracts of the said contractor will not be allowed. In case of obtaining Bank
Guarantee, it is necessary to mention that the same shall be valid further 6 months from the completion
of defect liability period/ warranty period. b) It shall be the responsibility of the bidder to keep the
submitted B.G. “VALID” for the stipulated time period in the tender & in case of its expiry it will
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attract penalization. c) Bank Guarantee should be issued by way of General Undertaking and
Guarantee issued on behalf of the Contractor by any of the Nationalized or Scheduled banks or
branches of foreign banks operating under Reserve Bank of India regulations located in Mumbai up
to Virar & Kalyan. List of approved Banks is appended at the end of Instructions to Bidders (ITB).
The Bank Guarantee issued by branches of approved Banks beyond Kalyan and Virar can be accepted
only if the said Bank Guarantee is countersigned by the Manager of a Regional Branch of the same
bank within the Mumbai City Limit categorically endorsing thereon that the said Bank Guarantee is
binding on the endorsing Branch of the Bank or the Bank itself within Mumbai Limits and is liable
to be enforced against the said Branch of the Bank or the bank itself in case of default by the
Contractors furnishing the Bank Guarantee. The Bank Guarantee shall be renewed as and when
required and/or directed from time to time until the Contractor has executed and completed the works
and remedied any defects therein.
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A. Legal + Stationary Charges: (As per applicable circular)
Successful tender shall pay the Legal Charges + Stationary charges as per Circular no Legal
dept/26206 Dated 31.08.2023 (Attached in Circulars).
The tenderers are requested to note that stationary charges as given in the table above
will be recovered from the successful tenderer for supply of requisite prescribed forms
for preparing certificate bills in respect of the work.
B. Stamp Duty: (As per circular No. Ch. Eng/ BM/ 17800/II dated07.01.2016)
It shall be incumbent on the successful tenderer to pay stamp duty on the contract.
i. As per the provision made in Article 63, Schedule I of Maharashtra Stamp Act 2015, stamp
duty is payable for “works contract” that is to say, a contract for works and labour or services
involving transfer of property in goods (whether as goods or in some other form) in its execution
and includes a sub-contract, as under:
(a) Where the amount or value set forth in such Five Hundred rupees stamp duty
contract does not exceed rupees ten lakh.
(b) Where it exceeds rupees ten lakhs Five hundred rupees plus one
hundred rupees for part thereof,
above Rs.1,00,000/- or part
thereof, above rupees ten lakh
subject to the maximum of rupees
twenty five lakh stamp duty.
ii. For stamp duty @ 0.30% on original B.G as well as on extended B.G. amount as per letter of
commissioner of stamp under circular no. Refer Letter of मुद्रांकजिल्हरजिकररीयरांचेिरक्र./अमल-
1/करययकररांत्ररट/780/2023 dated 2.11.2023. The successful bidder shall enter into a contract
agreement with M.C.G.M. within 30 days from the date of issue of Work Order and the same
should be adjudicated for payment of Stamp Duty by the successful bidder.
iii. Further shortfall if any, in amount of stamp duty paid as against prescribed amount for the
documents executed in Mumbai City & Mumbai Suburban District be recovered from the
concerned work contractors and to deposit the deficit or unpaid Stamp Duty and penalty by
two separate Demand Draft or Pay Order in favor of “Superintendent of Stamp, Mumbai”
within 15 days from intimation thereof.
iv. All legal charges and incidental expenses in this respect shall be borne and paid by the
successful tenderer.
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IMPORTANT DIRECTIONS
1. All the information uploaded shall be supported by the corroborative documents in absence of
which the information uploaded will be considered as baseless and not accepted for qualification
criteria. All the documents shall be uploaded with proper pagination. The page No. shall be
properly mentioned in the relevant places.
The information shall be uploaded in the sequence as asked for with proper indexing etc. The
Bidder shall be fully responsible for the correctness of the information uploaded by him.
TENDER for “Structural Strengthening and Repairs of Andheri Flyover on WEH, Andheri
(East)”.
4. It will be entirely responsibility of the contractor to provide and install secure barricades on
work site, wholly at his cost. The Barricading shall be provided as per specification and as per
site requirements and the circular issued u/no AMC/ES/679/II dated 06.10.2015 shall be
applicable. BMC will not make any payment towards barricading, Contractor shall quote
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accordingly.
5. In case of any surplus excavated material is required to be removed from the site, the cost shall
be borne by contactor and is deemed to be included in the contractors offer. No payment on this
account will be made separately. (As per the circular MGC/F/6342 dated05.08.2018)
6. The surplus excavated material from the site shall be removed free of cost to the municipal
dumping ground within 24 hours, as directed. The necessary tipping charges at dumping ground,
as applicable, shall be borne by the contractor or at designated unloading site, as per circular No.
Dy. Ch. Eng./SWM/3957 Op. dtd 28.09.2018 for which no extra payment will be made.
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SECTION 7
SCOPE OF WORK
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SCOPE OF WORK
It may specifically be noted by Contractors willing to quote for the work that Tenderer
to fulfil all requirements of environmental authorities and safety measures on site. (See
Annexure ‘B’).
The tenderer(s), prior to submitting his tender for the work is encouraged to visit and
examine the site of work and its surroundings at his own expenses and obtain and
ascertain for himself, on his own responsibility and risk. All information, technical data
etc. that may be necessary for preparing his tender and entering into a contract including,
inter-alia, the actual conditions regarding the nature and conditions of site, availability
of materials, labour probable sites for chowky /stores etc. and the extent of lead and lift
required for the execution of the work over the entire duration of the contract, after
taking into consideration local conditions, traffic restrictions, obstructions in work if any
allow all such extra expenses that are likely to be incurred due to any such conditions,
restrictions, obstructions etc. in the quoted contract price for the work.
As the work under this tender is to be carried out near the running traffic, it will be
essential for the contractor to take all safety measures to ensure safety of the same. The
intending tenderer should carefully examine the site to understand the restrictions on
availability of space and provision of safety measures.
Vehicular and pedestrian movement in the area should not be affected during entire
construction period. Hence, before starting the work barricading, signals, warning
signals etc. shall be provided, in order not to affect the pedestrian movement and the
utilities.
Traffic regulation if required will be arranged by the contractor in consultation with
traffic police. Getting permission from traffic police will be the responsibility of
contractor. No claim will be entertained due to non-permission / delayed permission etc.
The repairs shall be carried out as per the audit report submitted by the Structural
Consultant.
The sequence of activities to be performed as per prevailing site conditions in each phase
will be as under.
1. Contractor will have to arrange his own fabricating and tacking yard etc. Road will not
be available for stacking of any material, etc.
2. Existing services will have to be identified by the contractor and arranged to be rerouted
as required respective agencies.
3. Safety of the existing structures in vicinity is complete responsibility of the tenderer. Any
damages to these structures in vicinity for what so ever the reason may be will be
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responsibility of the tenderer throughout Contract period and repair / rectification will be
borne by tenderer. No extra payment will be made for the same. Tenderer should take note
of the same while quoting.
4. Contractor will have to maintain all signs, signboards, blinkers, warning, signals for
traffic to the satisfaction of traffic police.
5. Use of ready mix concrete is compulsory for all concrete items. Concrete manufacture at
site will not be allowed. Use of existing bridge for placing concrete will not be allowed.
Contractor has to arrange for design of suitable mix.
6. Tenders to indicate construction and assembly and erection methodology for the bridge
along with his submission of tender, in case he proposes to use existing bridge for any
erection it shall be done only with written permission by the ‘Engineer’ Scheduling of
such erection will be at night time. Traffic regulation if required will be arranged by the
contractor in consultation with traffic police. Getting permission from traffic police will
be the responsibility of contractor. No claim will be entertained due to non-
permission/delayed permission etc.
7. Contractor should always be ready to carry out the unforeseen works in any unforeseen
situations with the required materials, machineries, manpower etc & if required
anywhere in Mumbai City & Suburbs as directed.
8. Contractor has to submit structural stability for certificate from appointed structural
consultant after completion of work.
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to take necessary precautions for safety of the structure and utilities. No extra payment
will be made for this.
IV. The utilities will have to be identified by taking trail pits at suitable interval around the
ROW before starting the foundation work. Mapping must be done before taking up any
activity. Taking trail pits and mapping utilities is incidental and no extra payment on
this account will be made. All damages to the utility known or unknown shall be sole
responsibility of the contractor.
V. Utility services like telephone cables or power cables or water mains, if any, are proposed
to be shifted suitably as per provisions of clause no. 33 of G.C.C. as amended up to date.
Tenderers are requested to take into cognizance the width of excavation over which
utilities will be required to be supported and quote their percentage rate accordingly.
VI. Contractors have to take all precautions and safety measures of all utilities (underground
or on existing bridge) like water mains, cables etc. till its shifting by concerned
department. If any mishaps happen with utilities during construction works, all
responsibility for the same will be borne by contractor.
VII. Foundation design may have to be modified as per actual strata met with if it is different
than the soil investigation report. However, no claims such as idle labours and machinery
and materials and extra resources on this count shall be entertained. Contractors must
plan his work taking into account this factor and complete the work in time.
VIII. Water required for the work shall be arranged by the contractor at no extra cost.
Contractor will have to make his own arrangement for adequate storing of water, so as
to avoid use of any other water for construction purpose. Water from the outside sources
shall have to be got tested at Municipal Laboratory or any other Government recognized
laboratory at Contractors cost before its use.
IX. The time period prescribed for the completion of the works is 12 months (Including
monsoon) includes certain likely delays on account of shifting of utilities etc. In case of
any abnormal delay on account of shifting of utilities, the engineer may grant suitable
extension in the activity. However, such delays will not vitiate the contract and non-
claims for compensation on such account will be entertained.
X. Layout and detailed drawings attached with the tender documents may undergo changes
depending on site conditions soil data, exact location of utilities and sub soil strata met
with at the time of execution. This will not vitiate the contract and will not lead to claims
for extra rate of compensation.
XI. Excavation and demolition of various items is required to be carried out with utmost
safety. Care should be taken to avoid any damage to the existing properties and utilities.
In that eventuality the contractors will have to bear the cost for compensation /
reconstruction.
XII. Mix designs for the required strengths of concert shall be carried out well in advance of
concreting. Ready mix concrete must be used for all structural concrete.
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XIII. There are chances of accumulation of slush / mud / foreign material in construction
trenches during working. No extra payment will be made for removal of such material.
XIV. Intending tenderers are free to do the construction activities like superstructures on land
away from actual for site. However, mode of payment will be on completion as per BOQ
item only.
XV. The contractor should take a necessary note of tidal variation and flow levels in the creek
and make plan the height of coffer dam for diverting flow.
XVI. No construction joint is permissible in this except as shown in the drawing. The concrete
mix shall be designed to provide for the necessary retardation to account for the various
pours by addition of admixtures. The tenderer is required to make all necessary
arrangements accordingly. No extra payment is admissible on account of use of
admixtures.
XVII. Concreting work during night hours will be permitted only when it is necessary. The
contractor shall make all the necessary arrangements like flood lights, generator sets etc.
at such times.
XVIII. Mechanical means of curing by spraying water is mandatory for all RCC / PSC
components. Additionally, the superstructure shall be cured by ponding on top of the
slabs.
XIX. The use of approved admixtures / plasticizers is mandatory for maintaining workability
of the concrete with the water cement ratio limited to 0.4.
XX. Use of steel shuttering with minimum 3mm. thick M.S. plates backed by angle frames
shall be permitted as formwork alternatively Marine Plywood with adequate thickness
backed by wooden / SS frames shall also be permitted. The shutting design for all
components shall be got approved from the Engineer-in-charge.
XXI. PERT chart with milestone fixed for activities shall be submitted by the successful
tenderer before commencing work.
XXII. The staging and shuttering of the RCC members shall be designed for form vibrators.
XXIII. Facility for Fax Connection & PC shall be made on site.
XXIV. All sub-surface water including run off from storm water, other surface drainage, river
water etc. running in the Nallas / river shall be required to be diverted from the open
excavation of the foundations. Dewatering of water using adequate number of pumps of
suitable capacity shall also be considered. The concreting will be permitted only in fully
dry condition. Also precautions and provisions for ensuring the same are deemed to be
included in the rate and no separate payment shall be made for the same.
XXV. Every steel bar shall bear the mark of manufacturer embossed on it along with all other
requirements as usual.
XXVI. The tenderer should note that –
The maximum price variation payable as per general conditions of contract.As per GR of
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Maharashtra Government. Basic consumer price index (Io) and basic wholesale price index
(Wo) prevailing on the day of 28 days prior to the date submission of the tender is considered.
The price variation shall be permitted for the materials. The basic rates adopted in the item of
Uniform schedule of rate applicable to this tender are as under- (Rates exclusive GST)
1. Cement: Rs.5600/MT 4. Mild Steel: Rs.75,000/MT
2. HYSD Steel (Fe415): Rs.52800/MT 5. T.M.T.(Fe500): Rs.50,900/MT
3. Structural Steel: Rs.53,400/MT
However, price variation shall not be admissible beyond theoretical date of completion of
contract period, as also for the fair items created during execution.
The price variation formula in clause 74(b) of general condition of contract as below:
XXVII. Mastication work during night hours will be permitted only when it is necessary. The
contractors shall make all the necessary arrangements like flood lights, generator sets etc. at
such times.
The bidders have to sign on pages, Proforma I, II, III, IV, V, VI, VI-A & VI-B, summary
sheet &undertaking.
It is mandatory for the contractors to provide necessary and required office equipment
accessories, stationary, furniture etc. for the work under reference.
List of Registers.
The contractor shall prepare &maintain soft copies of the following registers as
applicable during execution of work: -
1. Inventory Register
2. Correspondence file
3. External & internal utility remarks file
4. File containing drawings
5. Daily Progress Register
6. Instruction Register
7. Level Book
8. Mix design file
9. Material Testing Result file
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10. Photograph file
11. Excavation Register (Asphalt, rock, soil etc.)
12. Filling/Embankment Register
13. Removal Challans& Register (if dumped at Municipal ground /if paid
separately)
14. G.S.B. Register
15. W.M.M. Register
16. Steel Register
17 M15,M20, M-35, M-40, M50 Cube registers etc.
18. M15,M20, M-35, M-40 registers etc.
19. R.M.C. Challan file for grade M15,M20, M-35, M-40 etc.
20.Cement Variation Register if applicable
21.MS Liner Register
22. Cement Register
23. Joint Cutting Register
24. Precast item register (Paver blocks, Kerb stone etc.)
25. Precast item challan register
26. D.B.M. Register
27. Asphalt concrete /Seal coat Register
28. Asphalt challan file
29. Penalty Register.
30. Register for inspection during defect liability period.
31. Contractor's site staff attendance register
32. Utility trench register.
33. Register for tension bars
34. Register for structural steel
Note: - Any other register as directed by Engineer- In-Charge. Any other registers
required as per description of items for any activity/material/quantity for which
payment is made or as instructed by engineer in -charge. Hard copies of the
registers shall be prepared and signed by the contractors and shall be provided as
and when required. Mastication work during night hours will be permitted only
when it is necessary. The contractors shall make all the necessary arrangements
like flood lights, generator sets etc. at such times.
a) It is mandatory for the contractors to provide necessary and required office
equipment accessories, stationary, furniture etc. for the work under reference and
will help the site engineers for maintaining day to day record as given below.
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BARRICADES
Regarding barricading referred following circular: -
Various infrastructure development projects are being executed by BMC for the betterment of
citizens of Mumbai. During the course of execution of the projects, it is necessary to provide
strong and secured barricading as a safety measure to avoid any mishaps as well as to avoid
nuisance to vehicular and pedestrian traffic. Nowadays, the following types of barricades are
being used exclusively in BMC as per the convenience of various departments at different sites.
1. Water/sand fillable PVC Metro barricades.
2.RW 7.45 (G.I. sheets of 22 gauge fixed on 3-inch dia. Wooden bullies buried in existing road
sufficiently)
3.RW 7.36 (G.I. sheets of 22 gauge fixed on MS Angle post buried in half the depth in drums
of 20 liters capacity in 1:3:6concrete)
4. Structural steel barricade for major trenches having depth more than 2.00 meters. Thus, from
the above, it can be seen that there is no uniformity in provision of barricades as they are of
different size and shape. Further it is also observed that the continuity is not maintained in
providing the barricading keeping gaps in between thus endangering the safety of vehicular
as well as pedestrian traffic. Also, the barricades are not being cleaned, thus further adding to
shabbiness. Further Mumbai being the financial capital of India, people from all over the
world visit the city daily and to maintain good image of city the following decisions are taken.
A) Only two types of barricades having department wise color coding are proposed to be
used depending upon the nature of work i.e. Minor and Major.
i) Minor works: Barricading made out of 1.5 mm thick MS plate fixed on M.S. angle post/
frame of 65 mm X 65 mm X 6 mm having height of 1.5 m supported on as shown in
Annex-I.
ii) Major works: Structural steel barricade made out of 1.50 mm thick M.S. Plate ISMB
250, ISLC 250X50mm and ISA 50mmX50mmX6 mm having of size 2.5 m X 2 m as
shown in Annex-II.
B) The department wise colour coding for the barricading Shall be asunder: -i)H.E.&
W.S.P. department – Blue ii) Roads, Traffic, Bridges and Coastal Roads department–
Yellow iii) S.P. & S.O department – Green iv) S.W.D., Building Maintenance department
&forwards works – Red
C) The basic principle behind installing secured and continuous barricading is to ensure the
safety of vehicular as well as pedestrian traffic and residents in the nearby vicinity of the
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project. Due to non-installation of appropriate barricades on sites if any mishap occurs
leading to injury or loss of life, then the contractor and contractor’s Engineer in-charge will
be liable for the consequent action.
D) During the course of execution of project, if it is noticed that the contractor has not
provided barricading then a penalty of Rs.1000/- per meter per day will be imposed upon
the contractor and will be deducted from the due Bill. This penalty shall be a part of
penalty as per tender condition.
E) Details of the work shall be prominently displayed on the central panel of the barricades
along-with the Social Slogans as given in Annexure III and the Cycle of the same shall be
maintained.
F) The contractor shall provide and install the barricading along with the slogans printed as
per the Annexure III, at his own cost and no payment will be made for this, however the
contractor shall quote the bid accordingly by considering the cost of barricading.
The condition shall be included in the tender as given below.
“Barricading shall be provided free of cost as per Circular vide U/No.MGC/F/6342 dated
5.5.2018 and as per Annexure I, II and III of Standard drawings and specifications with
slogans and department wise colour codes.” The copy of circular will be attached to the
tender as a part of tender document.
This circular will be applicable for the new tenders proposed to be invited from 01.05.2018
and also the corrigendum shall be attached to tenders which are uploaded. However, for
the projects wherein the tenders are already invited, the barricading shall be provided
strictly as per tender condition. All the details (Annexure I, II & III of Standard drawings
and specifications with slogans and department wise colour codes, sketches and
department wise colour coding) are uploaded on BMC portal.
This circular shall come in force with immediate effect.
sd/-21.4.2018 sd/-21.4.2018
(ShriVijaySinghal) (Dr. Shri Sanjay Mukherjee)
A.M.C.(E.S.) A.M.C.(P.)
Sd/-5.5.2018 sd/-16.5.2018
(Shri Ajoy Mehta) (Shri P. R. Kadam)
M.C. D.M.C. (S.E.)
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X`
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SECTION 8
BILL OF QUANTITIES
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BRIHANMUMBAI MUNICIPAL CORPORATION
Name of the work :- Structural Strengthening and Repairs of Andheri
Flyover on WEH, Andheri (East)
ABSTRACT OF ESTIMATE
Sr. SOR
Description of Items Quantity Rate Unit Amount
No. No.
1 2 3 4 5 6 7
PART A : Structural Repairs
1 R3- Chipping /removing loose 3000.00 305.00 SQM 915000.00
CS- concrete upto reinforcement
CW- bars, without damaging the
54 reinforcement, removing all the
loose materials and to make all
the exposed surfaces free from
oil, dust and all impurities etc
complete.
2 R3- Alkaline Rust converting primer 3000.00 142.00 SQM 426000.00
CS- conforming to ASTM-B-117,to
RF- exposed existing rebars after
16 removing & cleaning loose rust by
wire brush and leave it for 6-8
hours.
3 R3- Bond Coat: Providing & applying 3000.00 520.00 SQM 1560000.00
CS- One coat of structural grade
RF-5 epoxy bond coat by brush
conforming to ASTM-C-882-87 to
the prepared concrete surface to
be repaired / strengthened. This
is applied prior to the application
of polymer repair mortar / epoxy
mortar / Microconcrete to have
monolithic action between old
concrete surface and new
concrete surface.
4 R3- 3000.00 2347.0 SQM 7041000.00
BW- Providing and Laying Polymer Modfied Mortar in 0
5-7-S proportion 1:5:15 (1 Polymer, 5 Cement, 15
Quartz Sand) for replacement of spalled concrete,
plaster, repairing cracks in the structure etc.
complete as specified and directed. 25 mm
Average Thick
5 R3- Making V-groove on concrete 17100.00 1685.0 NOS 28813500.00
BW- surface at 350 mm c/c or less as 0
8-38 per requirement along the length
of the minor cracks, drilling of
holes, fixing of PVC nipples,
sealing of cracks with epoxy putty
of approved make, epoxy
injection with Low viscous epoxy
resin and hardener of approved
quality etc complete.
6 R3- Providing and Applying CFRP 33380.00 3858.0 RMT 128780040.00
BW- laminate 100 mm wide and 1.4 0
8-31 mm thick with compatible
structural adhesive
including,Surface preparation,
Grinding the concrete surface,
cleaning it with wire brush
removing oil etc. and applying
compatible primer on prepared
surface, Filling the holes and
unevensurface with thixotropic
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putty,
applying compatible structural
adhesive,
pasting the laminate on desired
area by using tamping roller to
avoid any air voids etc. complete,
thereafter, applying second coat
of saturant after min.12hrs,
rectify air voids if any paste the
river sand on it to make surface
rough to take any further
finishes.
7 FAIR Providing and Applying CFRP 48620.00 8950.0 RMT 435149000.00
ITEM laminate 100 mm wide and 5.0 0
mm thick with compatible
structural adhesive
including,Surface preparation,
Grinding the concrete surface,
cleaning it with wire brush
removing oil etc. and applying
compatible primer on prepared
surface, Filling the holes and
unevensurface with thixotropic
putty, applying compatible
structural adhesive, pasting the
laminate on desired area by using
tamping roller to avoid any air
voids etc. complete, thereafter,
applying second coat of saturant
after min. 12hrs, rectify air voids
if any paste the river sand on it to
make surface rough to take any
further finishes.
8 R3- Preparation of surface for fibre 22150.00 294.00 SQM 6512100.00
BW- wrapping including
8-29 grinding/moulding concrete
surface , cleaning with wire
brush, removing oil, ,rounding
sharp edges to min 25 mm radius
etc., applying compatible primer
on prepared surface, Filling the
holes and levelling the surface
with thixotropic putty etc.
complete (Mode of measurement:
Application of fibre rapping
surface area .)
9 R3- Strengthening structural 22150.00 4066.0 SQM 90061900.00
BW- elements with non metallic 0
8-30 composite fibre wrapping system
comprising of fibre sheet and
compatible saturant, by dry/wet
lay-up system including,
wrapping the fibre sheet to
structural element at desired
orientation using tamping roller
to avoid any air voids etc.
repeating the same procedure for
multiple layers(if any) with the
interval of 8 h and applying
second coat of saturant after min.
12 h to rectify air voids ,if any,
pasting the river sand on it to
make surface rough to take any
further finishes.
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10 R3- Drilling & Fixing of Carbon 88600.00 672.00 NOS 59539200.00
BW- Anchor using Epoxy 50mm X
8-36 55mm system and spreading the
anchor fibres in star pattern
including application of saturant
etc. Complete.
Total for PART A - Structural 758797740.0
Repairs 0
PART B : Replacement of
Bearing
11 R3- Removal of faulty existing 1496.00 3973.0 NOS 5943608.00
BW- bearings from the existing 0
8-24 location of the bridge, stacking
the same in the stacking yard and
disposing the same.
12 R3- Supplying, fitting and fixing in 19872000.00 1.30 CUC 25833600.00
BW- position true to line and level M
3-25 elastomeric bearing conforming
to IRC: 83 (Part-II) section IX and
clause 2005 of MoRTH
specifications complete including
all accessories as per drawing
and Technical Specifications.
13 R3- 14400.00 413.00 MT 5947200.00
BW- Supplying, fitting and fixing in position true to line
3-23 and level POT-PTFE bearing conforming to per
IRC: 83 part-III and other parts conforming to BS:
5400, section 9.1 & 9.2 and clause 2006 of
MoRTH Specificationscomplete as per drawing
and approvedtechnical specifications.
14 R3- Lifting of single or Multiple 190.00 572536 NOS 108781840.00
BW- girders for the purpose of removal .00
8-25 / realignment, re-fixing of
existing bearings / fixing of new
bearings including all hire
charges and running expenses,
transportation charges of all
plants, jacks, power pack
machines and required
equipments, required
technicians, labour, erection of
temporary supports of steel
trestles of suitable capacity
supports of teak wood blocks/
sleepers of required size and Mild
steel plates etc.
15 R3- Demolishing R.C.C. slab, R.C.C. 15.00 2491.0 CUM 37365.00
CS- wall of any thickness, R.C.C. 0
DD-2 beams, joists, R.C.C. columns,
piles, pile caps etc., in any
thickness and size manually/ by
mechanical means including
stacking of steel bars and
disposal of unserviceable
material within 50 metres lead as
per direction of Engineer - in-
charge.
16 R3- Providing Micro Concrete using 15.00 66464. CUM 996960.00
BW- polymer 00
8-35 modified cement premix packed
in bags of
standard manufacturer,
quartzsand, aggregates to achieve
strength of M 60 grade including
curing.
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17 R3- Providing and fixing in position 10.00 82375. MT 823750.00
CS- steel bars reinforcement of 00
CW- various diameters for RCC pile,
35-b pile caps, footing, raft, retaining
wall, shear wall, lift wall,
foundations, slabs, beams,
columns, canopies, staircases,
newels, chajja’s, lintels, pardies,
coping, fins, arches etc. as per
detailed design, drawings and bar
bending schedules, including
straightening, cutting, bending
hooking the bars, binding with
wires or tack welding, supporting
as required etc. all complete at all
levels. HYSD steel bars (Fe 415).
20 R3- Rent for 12 Mtr Maclifton for 30.00 10028. NOS 300840.00
RT- CCTV and Video Detection 00
ATC Cameras per shift ( 8 hrs Shift)
10.65
PART D : Painting
Total: 958923779.9
4
958923780.0
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SECTION 9
GENERAL CONDITIONS OF CONTRACT
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General Conditions of Contract
A. General
1. Definitions
1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of
Contract but keep their defined meanings. Capital initials are used to identify defined terms.
The “Contract” shall mean the tender and acceptance thereof and the formal agreement if
any, executed between the Contractor, Commissioner and the Corporation together with the
documents referred to therein including these conditions and appendices and any special
conditions, the specifications, designs, drawings, price schedules, bills of quantities and
schedule of rates. All these documents taken together shall be deemed to form one Contract
and shall be complementary to one another.
The Contract Data defines the documents and other information which comprise the Contract.
The “Contractor” shall mean the individual or firm or company whether incorporated or not,
whose tender has been accepted by the employer and the legal successor of the individual or
firm or company, but not (except with the consent of the Employer) any assignee of such
person.
The Bidder is a person or corporate body who has desired to submit Bid to carry out the
Works, including routine maintenance till the tender process is concluded.
The Contractor's Bid is the completed bidding document submitted by the Contractor to the
Employer.
The “Contract Sum” means the sum named in the letter of acceptance including Physical
contingencies subject to such addition thereto or deduction there-from as may be made under
the provisions hereinafter contained.
Note : The contract sum shall include the following –
• In the case of percentage rate contracts the estimated value of works as mentioned in
the tender adjusted by the Contractor’s percentage.
• In the case of item rate contracts, the cost of the work arrived at after finalisation of the
quantities shown in schedule of items / quantities by the item rates quoted by the
tenderers for various items and summation of the extended cost of each item.
• In case of lumpsum contract, the sum for which tender is accepted.
• Special discount / rebate / trade discount offered by the tenderer if any and accepted by
the Corporation.
• Additions or deletions that are accepted after opening of the tenders.
The “Contract Cost” means the Contract Sum plus Price Variation. This cost shall be
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included in the letter of acceptance.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects Liability Certificate is the certificate issued by the Engineer, after the Defect
Liability Period has ended and upon correction of Defects by the Contractor.
Drawings means all the drawings, calculations and technical information of a like nature
provided by the Engineer to the Contractor under the Contract and all drawings, calculations,
samples, patterns, models, operation & maintenance manual and other technical information
of like nature submitted by the Contractor and approved by the Engineer.
The Authority shall mean Brihanmumbai Municipal Corporation (BMC)
The “Employer” shall mean the Municipal Corporation for Greater Mumbai / Municipal
Commissioner for Greater Mumbai, for the time being holding the said office and also his
successors and shall also include all “Additional Municipal Commissioners, Director
(Engineering Services & Projects)” and the Deputy Municipal Commissioner, to whom the
powers of Municipal Commissioner, have been deputed under Section 56 and 56B of the
Mumbai Municipal Corporation Act.
The Engineer in-charge shall mean the Executive Engineer in executive charge of the works
and shall include the superior officers of the Engineering department i.e. Dy.Ch.Eng/Ch.Eng.
and shall mean and include all the successors in BMC
The Engineer's Representative shall mean the Assistant Engineer, Sub. Engineer/Jr.
Engineer in direct charge of the works and shall include Sub Eng./ Jr. Eng of Civil section/
Mechanical section/ Electrical section appointed by BMC.
The “Engineer” shall mean the City Engineer / the Hydraulic Engineer / the Chief Engineer /
the Special Engineer, appointed for the time being or any other officer or officers of the
Municipal Corporation who may be authorized by the commissioner to carry out the functions
of the City Engineer / the Hydraulic Engineer / the Chief Engineer / the Special Engineer or
any other competent person appointed by the employer and notified in writing to the Contractor
to act in replacement of the Engineer from time to time.
Contractor’s Equipment means all appliances and things of whatsoever nature required for
the execution and completions of the Works and the remedying of any defects therein, but does
not include plant material or other things intended to form or forming part of the Permanent
Works.
The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the construction works. The Intended Completion Date is specified in the Contract
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Data. The Intended Completion Date may be revised only by the Engineer by issuing an
extension of time.
Materials are all supplies, including consumables, used by the Contractor for incorporation in
the Works and works of routine maintenance.
Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function.
Routine Maintenance is the maintenance of activities of the competed structure for five years
as specified in the Contract Data.
The “Site” shall mean the land and other places including water bodies more specifically
mentioned in the special conditions of the tender, on, under in or through which the permanent
works or temporary works are to be executed and any other lands and places provided by the
Municipal Corporation for working space or any other purpose as may be specifically
designated in the contract as forming part of the site.
Site Investigation Reports are those that were included in the bidding documents and are
reports about the surface and subsurface conditions at the Site.
“Specification” shall mean the specification referred to in the tender and any modification
thereof or addition or deduction thereto as may from time to time be furnished or approved in
writing by the Engineer.
The Start Date/Commencement Date is given in the Contract Data. It is the date when the
Contractor shall commence execution of the Works. It does not necessarily coincide with any
of the Site Possession Dates.
A Nominated Sub-Contractor is a person or corporate body who has a Contract with the
Contractor to carry out a part of the construction work and/or routine maintenance in the
Contract, which includes work on the Site.
Temporary Works are works designed, constructed, installed, and removed by the Contractor
that are needed for construction or installation of the Works.
Variation means a change to the:-
i) Specification and /or Drawings (if any) which is instructed by the Employer.
The Works, as defined in the Contract Data, are what the Contract requires the Contractor to
construct, install, maintain, and turn over to the Employer. Routine maintenance is defined
separately.
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Jurisdiction: In case of any claim, dispute or difference arising in respect of a contract, the
cause of action thereof shall be deemed to have arisen in Mumbai and all legal proceedings in
respect of any claim, dispute or difference shall be instituted in a competent court in the City
of Mumbai only.
2. Interpretation
2.1 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 these Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, 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).
2.3 The documents forming the Contract shall be interpreted in the following documents: (1)
Agreement, (2) Letter of Acceptance, (3) Notice to Proceed with the Work , (4) Contractor's
Bid, (5) Contract Data, (6) Special Conditions of Contract Part (7) General Conditions of
Contract Part I, (8) Specifications, (9) Drawings, (10) Bill of Quantities, and (11) Any other
document listed in the Contract Data.
3. Engineer's Decisions
3.1 Except where otherwise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contractor in the role representing the Employer. However, if
the Engineer is required under the rules and regulations and orders of the Employer to obtain
prior approval of some other authorities for specific actions, he will so obtain the approval,
before communicating his decision to the Contractor.
3.2 Except as expressly stated in the Contract, the Engineer shall not have any authority to
relieve the Contractor of any of his obligations under the contract.
4. Delegation
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4.1 The Engineer, with the approval of the Employer, may delegate any of his duties and
responsibilities to other person(s), except to the Adjudicator, after notifying the Contractor,
and may cancel any delegation after notifying the Contractor.
5. Communications
6. Subletting
6.1 Unless specifically mentioned in the contract subletting will not be allowed. Subletting,
where otherwise provided by the contract shall not be more than 25% of the contract price.
6.2 The Contractor shall not be required to obtain any consent from the Employer for:
a. the sub-contracting of any part of the Works for which the Subcontractor is named in the
Contract;
b. the provision for labour, or labour component.
c. the purchase of Materials which are in accordance with the standards specified in the
Contract.
6.3 Beyond what has been stated in clauses 6.1 and 6.2, if the Contractor proposes sub
contracting any part of the work during execution of the Works, because of some unforeseen
circumstances to enable him to complete the Works as per terms of the Contract, the Employer
will consider the following before according approval:
a. The Contractor shall not sub-contract the whole of the Works.
b. The permitted subletting of work by the Contractor shall not establish any contractual
relationship between the sub-contractor and the BMC and shall not relieve the Contractor of
any responsibility under the Contract.
6.4 The Engineer should satisfy himself before recommending to the Employer whether
a. the circumstances warrant such sub-contracting; and
b. the sub-Contractor so proposed for the Work possesses the experience, qualifications and
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equipment necessary for the job proposed to be entrusted to him.
7. Other Contractors
7.1 The Contractor shall cooperate and share the Site with other Contractors, public authorities,
utilities, and the Employer between the dates given in the Schedule of Other Contractors, as
referred to in the Contract Data. The Contractor shall 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.
7.2 The Contractor should take up the works in convenient reaches as decided by the Engineer
to ensure there is least hindrance to the smooth flow and safety of traffic including movement
of vehicles and equipment of other Contractors till the completion of the Works.
8. Personnel
8.1 The Contractor shall employ for the construction work and routine maintenance the key
personnel including technical personnel named in the Contract Data or other personnel
approved by the Engineer. The Engineer will approve any proposed replacement of technical
personnel only if their relevant qualifications and abilities are substantially equal to those of
the personnel stated in the Contract Data.
8.2 The Contractor’s personnel shall appropriately be qualified, skilled and experienced in their
respective trades or occupations. The Engineer shall have authority to remove, or cause to be
removed, any person employed on the site or works, who carries out duties incompetently or
negligently and persists in any conduct which is prejudicial to safety, health or the protection
of the environment.
8.3 If the Engineer asks the Contractor to remove a person who is a member of the Contractor's
staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the
Site within seven days and has no further connection with the Works in the Contract.
8.4 The Contractor shall not employ any retired Gazetted officer who has worked in the
Engineering Department of the BMC /State Government and has either not completed two
years after the date of retirement or has not obtained BMC/State Government’s permission to
employment with the Contractor.
9. Employer's and Contractor's Risks
9.1 The Employer carries the risks which this Contract states are Employer's risks, and the
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Contractor carries the risks which this Contract states are Contractor's risks.
10.1The Employer is responsible for the excepted risks which are (a) in so far as they directly
affect the execution of the Works in the Employer’s country, the risks of war, invasion, act of
foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war,
riot, commotion or disorder (unless restricted to the Contractor’s employees) and
contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive, or (b) a
cause due solely to the design of the Works, other than the Contractor’s design.
11.1 All risks of loss of or damage to physical property and of personal injury and death which
arise during and in consequence of the performance of the Contract other than the excepted
risks, referred to in clause 11.1, are the responsibility of the Contractor.
12. Insurance
12.1 The Contractor at his cost shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the end of Defects Liability Period, in the
amounts and deductibles stated in the Contract Data for the following events which are due to
the Contractor's risks:
a) Loss of or damage to the Works, Plant and Materials.
b) Loss of or damage to Equipment.
c) Loss of or damage to property (other than the Works, Plant, Materials, and Equipment) in
connection with the Contract; and
d) Personal injury or death.
12.2 Insurance policies and certificates for insurance shall be delivered by the Contractor to
the Engineer for the Engineer's approval before the Start Date. All such insurance shall provide
for compensation to be payable in the types and proportions of currencies required to rectify
the loss or damage incurred.
12.3 Alterations to the terms of insurance shall not be made without the approval of the
Engineer.
12.4 Both parties shall comply with any conditions of the insurance policies.
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12.5 If the Contractor does not provide any of the policies and certificates required, the
Employer may affect the insurance which the Contractor should have provided and recover the
premiums the Employer has paid, from payments otherwise due to the Contractor or if no
payment is due, the payment of premiums shall be debt due.
13.1 The Contractor, in preparing the Bid, may rely, at his own risk, on any Site Investigation
Reports referred to in the Contract Data, supplemented by any other information available to
him, before submitting the bid.
15. Contractor to Construct the Works and Undertake Maintenance (if specified in the
tender)
15.1 The Contractor shall construct, and install and maintain the Works in accordance with the
Specifications and Drawings and as per instructions of the Engineer.
15.2 The Contractor shall construct the works with intermediate technology, i.e., by manual
means with medium input of machinery required to ensure the quality of works as per
specifications. The Contractor shall deploy the equipment and machinery as required in the
contract.
15.3 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 byelaws 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 future by the State or Central Government or the local authority. Salient features of some of
the major laws that are applicable are given below:
i. 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.
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‘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
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.
16. The Works and Routine Maintenance to be completed by the Intended Completion
Date
19.1 The Contractor may commence execution of the Works on the Start Date and shall
carry out the Works and Routine Maintenance, if specified in the tender, in accordance with
the Programme submitted by the Contractor, as updated with the approval of the Engineer, and
complete them by the Intended Completion Date.
17.1 The Contractor shall submit Specifications and Drawings showing the proposed
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Temporary Works to the Engineer, who is to approve them if they comply with the
Specifications and Drawings.
17.2 The Contractor shall be responsible for design and safety of Temporary Works.
17.3 The Engineer's approval shall not alter the Contractor's responsibility for design and safety
of the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design of the Temporary
Works, where required.
17.5 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.
18. Safety
18.1 The Contractor shall be responsible for the safety of all activities on the Site. He shall
comply with all applicable safety requirements and take care of safety of all persons entitled
to be on the site and the works. He shall use reasonable efforts to keep the site and the works,
both during construction and maintenance, clear of unnecessary obstruction so as to avoid
danger to the persons and the users.
• Workers employed on mixing asphaltic materials, cement and lime mortars shall be
provided with protective footwear and protective goggles.
• Stone breaker shall be provided with protective goggles and protective clothing and seated
at sufficiently safe intervals.
• The area should be barricaded or cordoned off by suitable means to avoid mishaps of any
kind. Power warning signs should be displayed for the safety of the public whenever
cleaning works are undertaken during night or day.
• The workers engaged for cleaning the manholes/sewers should be properly trained before
allowing working in the manhole.
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• At every work place there shall be provided and maintained, so as to be easily accessible
during working hours, first-aid boxes at the rate of not less than one box for 150 contract
labour or part thereof ordinarily employed.
• The first-aid box shall be distinctly marked with a red cross on white back ground.
• Adequate arrangements shall be made for immediate recoupment of the equipment when
necessary.
• Nothing except the prescribed contents shall be kept in the First-aid box.
• The first-aid box shall be kept in charge of a responsible person who shall always be
readily available during the working hours of the workplace.
• A person in charge of the First-aid box shall be a person trained in First-aid treatment, in
the workplaces where the number of contract labour employed is 150 or more.
19. Discoveries
20.1 The Employer shall handover complete or part possession of the site to the Contractor 7
days in advance of construction programme. At the start of the work, the Employer shall
handover the possession of at-least 75% of the site free of all encumbrances, the remaining 25
% of the possession as per contractor’s construction programme.
22. Instructions
22.1 The Contractor shall carry out all instructions of the Engineer, which comply with the
applicable laws where the Site is located.
22.2 The Contractor shall permit the appointed and/or authorized persons to inspect the
Site and/or accounts and records of the Contractor and its subcontractors relating to the
performance of the Contract, and to have such accounts and records audited by auditors
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appointed, if so required. The Contractor’s attention is invited to Clause of ‘Fraud and
Corruption’, which provides, inter alia, that acts intended to materially impede the exercise of
the inspection and audit rights provided for under the Clause & constitute an obstructive
practice subject to contract termination.
The Engineer shall have the power and authority from time to time and at all times to make
and issue such further drawings and to give such further instructions and directions as may
appear to him necessary or proper for the guidance of the contractor and the good and sufficient
execution of the works according to terms of the specifications and Contractor shall receive,
execute, obey and be bound by the same, according to the true intent and meaning thereof, as
fully and effectually as though the same had accompanied or had been mentioned or referred
to in the specification, and the Engineer may also alter or vary the levels or position of nature
of works contemplated by the specifications, or may order any of the works contemplated
thereby to be omitted, with or without the substitution of any other works in lieu thereof, or
may order any work or any portion of work executed or partially executed, to be removed,
changed or altered, added if needful, may order that other works shall be substituted instead
thereof and difference of expense occasioned by any such diminution or alteration so ordered
and directed shall be added to or deducted from the amount of this Contract, as provided under
condition no.10(a) hereinafter.
No work which radically changes the original nature of the Contract shall be ordered by the
Engineer and in the event of any deviation being ordered which in the opinion of the Contractor
changes the original nature of Contract he shall nevertheless carry it out and disagreement as
to the nature of the work and the rate to be paid therefore shall be resolved in accordance with
condition no.13d.
The time for completion of the Works, shall be in even of any deviations resulting in additional
cost over the contract price being ordered, be extended or reduced reasonably by the Engineer.
The Engineer’s decision in this case shall be final.
B. Time Control
23. Programme
23.1 Within the time stated in the Contract Data, the Contractor shall submit to the Engineer
for approval a Programme, including Environment Management Plan showing the general
methods, arrangements, order, and timing for all the activities in the Works, along with
monthly cash flow forecasts for the construction of works.
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After the completion of the construction works, the programme for the Routine Maintenance
Work, showing the general methods, arrangements, order and timing for all the activities
involved in the Routine Maintenance will also be submitted by the Contractor to the Engineer
for approval if specified in the tender. The programme for Routine Maintenance will be
submitted in each year for the period of Maintenance.
23.2 The Contractor shall submit the list of equipment and machinery being brought to site,
the list of key personnel being deployed, the list of machinery/ equipments being placed in
field laboratory and the location of field laboratory along with the Programme. The Engineer
shall cause these details to be verified at each appropriate stage of the programme.
23.3 An update of the Programme shall be a programme showing the actual progress achieved
on each activity and the effect of the progress achieved on the timing of the remaining Works,
including any changes to the sequence of the activities.
23.4 The Contractor shall submit to the Engineer for approval an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does not submit
an updated Programme within this period, the Engineer may withhold the amount stated in the
Contract Data from the next payment certificate and continue to withhold this amount until the
next payment after the date on which the overdue Programme has been submitted.
23.5 The Engineer's approval of the Programme shall not alter the Contractor's
obligations. The Contractor may revise the Programme and submit it to the Engineer again at
any time. A revised Programme shall show the effect of Variations and Compensation Events.
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such failure or delay shall in no way affect or vitiate the contract or alter the character thereof
or entitle the contractor to damages or compensation therefore, but in any such case, the BMC
may grant such extension(s) of the completion date as may be considered reasonable.
Note: For extension of time period as governed in (i) and (ii) above, any modifications in
design/drawings, specifications, quantities shall be needed to be justified with recorded
reasons with approval of Ch.Eng. for not anticipating the same while preparing estimates
and draft tender.
(b) Extension Of Time For Delay Due To Contractor : The time for the execution of the work
or part of the works specified in the contract documents shall be deemed to be the essence of
the contract and the works must be completed no later than the date(s) / the programme for
completion of work as specified in the contract. If the contractor fails to complete the works
within the time as specified in the contract for the reasons other than the reasons specified in
above as (a.i) and (a.ii), the BMC may, if satisfied that the works can be completed by the
contractor within reasonable short time thereafter, allow the contractor for further extension of
time as the Engineer may decide. On such extension the BMC will be entitled without prejudice
to any other right and remedy available on that behalf, to recover the compensation as governed
by Clause 8(e) of GCC.
For the purpose of this Clause, the contract value of the works shall be taken as value of work
as per contract agreement including any supplementary work order/contract agreement issued.
Further, competent authority while granting extension to the currency of contract under
Clause (b) of as above may also consider levy of penalty, as deemed fit based on the merit
of the case. Also, the reasons for granting extension shall be properly documented.
26.2 The Engineer shall record the business of management meetings and provide copies
of the record to those attending the meeting. The responsibility of the parties for actions to be
taken shall be decided by the Engineer either at the management meeting or after the
management meeting and stated in writing to all those who attended the meeting.
C. Quality Control
27.1. Work to be open to Inspection and Contractor or Responsible agent to be presents.
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 Eng-in-charge and his subordinates
and the contractor shall at all times during the usual working hours, at all other times, during
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the usual working hours and at all other times at which reasonable notice of the intention of
the Eng-in-charge and his subordinates to visit the works shall have been given to the
contractor, either himself be present to receive orders and instruction or have responsible agent
duly accredited in writing present for that purpose. Order given to the contractors’ duly
authorized agent shall be considered to have the same force and effect as if they had been given
to the contractor himself.
27.2. Notice to Be Given Before Work Is Covered Up
The contractor shall give to less than ten days’ notice in writing to the Eng-In-Charge or
his subordinate in charge of the work before covering up or otherwise placing beyond the reach
of measurement any work in order that the same may be measured and correct dimension
thereof taken before the same is so covered up or placed beyond the reach of measurements
and shall not cover up or place beyond the reach of measurement any work without the consent
in writing of the Eng.-In-Charge or his subordinate in charge of the work, and if any work shall
be covered up or placed beyond the reach of measurement, without such notice having been
given or consent obtained the same shall be uncovered at the contractors expenses, and in
default thereof no payment or allowance shall be made for such work or for the materials with
which the same was executed
27.3 Works to be executed in accordance with specifications / drawings / orders etc. :
The contractor shall execute the whole and every part of the work the most
substantial and workman like manner and both has regards material and 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 In-charge and lodged in his office and to which the contractor shall be entitled to
have access for the purpose of inspection at such office, or on the site or work during office
hours. The contractor shall be entitled to receive three sets of contract drawings and working
drawings as well as one certified copy of the accepted tender along with the work order free of
cost.
27.4 Ready Mix Concrete/ Asphalt Mix
i) The contractor shall have to arrange Ready Mix concrete (RMC)/Asphalt from
RMC/ASPHALT producing plants registered with BMC
ii) The contractor shall, within a 7 days of award of the work, submit a list of at least three
RMC/Asphalt producers with details of such plants including details and number of transit,
mixers & pumps etc. to be deployed indicating name of owner/company, its location, capacity,
technical establishment.
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The Engineer-in-charge will reserve right to inspect at any stage and reject the concrete if he
is not satisfied about quality of product at the user’s end.
iii) The Engineer-in-charge reserves the right to exercise control over the:-
a) Calibration check of the RMC/Asphalt plant.
b) Weight and quantity check on the ingredients, water and admixtures added for batch
mixing for RMC plants
c) Time of mixing of concrete/grade of asphalt.
d) Testing of fresh concrete/asphalt mix, recording of results and declaring the mix fit or
unfit for use. This will include continuous control on the work ability during production
and taking corrective action, if required.
e) For exercising such control, the Engineer-in-charge shall periodically depute his
authorized representative at the RMC/Asphalt plant. It shall be responsibility of the
contractor to ensure that all necessary equipment, manpower & facilities are made available
to Engineer-in-charge and or his authorized representative at RMC/Asphalt plant.
f) All required relevant records of RMC/Asphalt mix shall be made available to the
Engineer-in-charge or his authorized representative. Engineer-in-charge shall, as required,
specify guidelines & additional procedures for quality control & other parameters in
respect of material production& transportation of concrete mix which shall be binding on
the contractor & the RMC/Asphalt plant. Only concrete as approved in design mix by
Engineer-in-charge shall be produced in RMC plant and transported to the site.
g) The contactor shall have to produce a copy of challan receipts/SCADA reports/VTS
reports as issued by the RMC/Asphalt plant as a documentary proof in lieu of supply of
RMC/Asphalt mix before releasing payment.
28. Identifying Defects
28.1 The Engineer 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.
28.2 The Contractor shall permit the Employer’s technical person(s) to check the Contractor’s
work and notify the Engineer and Contractor if any defects that are found.
29. Tests
29.1 For carrying out mandatory tests as prescribed in the specifications, the Contractor
shall establish field laboratory at the location decided by Engineer. The field laboratory will
have minimum of equipments as specified in the Contract Data. The contractor shall be solely
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responsible for:
a. Carrying out the mandatory tests prescribed in the Specifications, and
b. For the correctness of the test results, whether preformed in his laboratory or elsewhere.
29.2 If the Engineer instructs the Contractor to carry out a test not specified in the
Specification/ Quality Assurance Handbook 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 shall be a compensation event.
When required by the Engineer-in-charge the contractor(s) shall supply for the purpose
of testing samples of all materials proposed to be used in the works. Samples submitted
either to govern bulk supplies or required for testing before use shall be in suitable packages
to contain them and shall be provided free of charge by the contractor. The cost of testing shall
be borne by the contractor even if the result of the sample confirm or do not confirm to the
relevant BIS code specifications.
• All expenditure required to be incurred for taking the samples conveyance, packing shall
be borne by the contactor himself .
• The failed material shall be removed from the site by the contractor at his own cost within
a week time of written order of the Engineer-in-charge.
Contractors shall set up a laboratory at site before commencement of work at their cost for
performing various tests and at least the following machines and equipments shall be provided
therein –
5. 3 m straight edge
6. Sieve shaker
All the test records shall be maintained in the site office and made available as and
when required. The laboratory must be established within 15 days from the date of receipt of
the orders from Engineer In charge. On failure to do so, a penalty of Rs 1000/- per day shall
be imposed.
The contractor shall install testing equipment at site. The contractor shall ensure and
certify the calibration of the equipment so installed and shall maintain the same in working
order throughout the period of construction. The contractor shall also provide necessary
technically qualified experienced trained staff for carrying out such tests for using such
equipment. The tests shall be carried out under the supervision of the Engineer-in-charge. The
calibration shall be checked every twelve months as directed by Engineer-in-charge.
30. Correction of Defects noticed during the Defects Liability Period.
30.1 (a) The Engineer shall give notice to the Contractor of any Defects before the end of the
Defects Liability Period, which begins at Completion and ends after five years. The Defects
Liability Period shall be extended for as long as Defects remain to be corrected.
(b) Every time notice of Defect/Defects is given, the Contractor shall correct the notified
Defect/Defects within the duration of time specified by the Engineer’s notice.
(C ) The Engineer may issue notice to the Contractor to carry out removal of defects or
deficiencies, if any, noticed in his inspection, or brought to his notice. The Contractor shall
remove the defects and deficiencies within the period specified in the notice and submit to
the Engineer a compliance report.
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36. Payments
36.1 Payments shall be adjusted for deductions for advance payments, retention, security
deposit, other recoveries in terms of the Contract and taxes at source, as applicable under the
law. The Employer shall pay the Contractor the amounts certified by the Engineer within 15
days of the date of each certificate.
36.2 All sums payable by a contractor by way of compensation under any of these conditions,
shall be considered as a reasonable compensation to be applied to the use of BMC without
reference to the actual loss or damage sustained and whether any damage has or has not been
sustained.
36.3 No payment shall be made for any work estimated to cost less than Rupees One Thousand
till after the whole of work shall have been completed and the certificate of completion given.
But in the case of works estimated to cost more than Rs. One Thousand, the contractor shall
on submitting a monthly bill therefore be entitled to receive payment proportionate to the part
of the work than approved and passed by the Engineer In-charge, 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 work actual done and completed and shall not
preclude the Engineer In-charge from requiring any bad, unsound, imperfect or unskillful work
to be removed or taken away and reconstructed or re-erected nor shall any such payment be
considered as an admission of the due performance of the contract or any part thereof in any
respect or the offering of any claim not shall it conclude, determine or effect in any other way,
the powers of the Engineer In-charge as to the
final settlement and adjustment of the accounts or otherwise, or in any other way vary
or effect the contract. The final bill shall be submitted by the Contractor within one month of
the date fixed for the completion of the work otherwise the Engineer In-charge’s certificate of
the measurements and of the total amount payable for the work shall be final and binding on
all parties.
37. The Contractor shall not be entitled to compensation to the extent that the Employer's
interests are adversely affected by the Contractor for not having given early warning or not
having cooperated with the Engineer.
38. Taxation
1. Provisions incorporated in circulars under no. प्र.ले./वित्त/प्रकल्प/28 Dated 28.03.2023.
are attached herewith in the Draft Tender.(Circular)
2. The tenderer shall quote inclusive of all taxes other than GST (Excluding
GST). Levies, Duties.Cess etc as applicable at the time of bid submission GST as
applicable shall be paid separately on submission of bills/invoice Input Tax Credit of GST
as available with the bidder will not be claim separately by BMC. However, while quoting
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the rates benefit of Input Tax Credit or Exemptions shall be passed on to the BMC by way
of equivalent reduction in quoted price.
39. Currencies
All payments will be made in Indian Rupees.
40. Liquidated Damages
Both, the Contractor and the Employer have agreed that it is not feasible to precisely estimate
the amount of losses due to delay in completion of works and the losses to the public and the
economy, therefore, both the parties have agreed that the Contractor shall pay liquidated
damages to the Employer and not by way of penalty, at the rate per week or part thereof stated
in the Contract Data for the period that the Completion Date is later than the Intended
Completion Date. Liquidated damages at the same rates shall be withheld if the Contractor
fails to achieve the milestones prescribed in the Contract Data. However, in case the Contractor
achieves the next milestone, the amount of the liquidated damages already withheld shall be
restored to the Contractor by adjustment in the next payment certificate. The Employer and the
contractor have
agreed that this is a reasonable agreed amount of liquidated damage. The Employer may deduct
liquidated damages from payments due to the Contractor. Payment of liquidated damages shall
not affect the Contractor’s other liabilities.
41. Cost of Repairs
Loss or damage to the Works or Materials to be incorporated in the Works between the Start
Date and the end of the Defects Correction periods shall be remedied by the Contractor at his
cost if the loss or damage arises from the Contractor's acts or omissions.
E. Finishing the Contract
42. Completion of Construction and Maintenance
42.1 The Contractor shall request the Engineer to issue a certificate of completion of the
construction of the works, and the Engineer will do so upon deciding that the works is
completed. This shall be governed as per clause no.8(g) of Standard General Conditions of
Contract.
43. Taking Over
43.1 The Employer shall take over the works within seven days of the Engineer issuing a
certificate of completion of works. The Contractor shall continue to remain responsible for its
routine maintenance during the maintenance period if specified in the contract.
44. Final Account
Final joint measurement along with the representatives of the contractor should be taken
recorded and signed by the Contractors. Contractors should submit the final bill within 1
month of physical completion of the work.
If the contractor fails to submit the final bill within 1 month, the BMC staff will prepare the
final bill based on the joint measurement within next 3 months.
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Engineer’s decision shall be final in respect of claims for defect and pending claims against
contractors.
No further claims should be made by the Contractor after submission of the final bill and these
shall be deemed to have been waived and extinguished. Payment of those items of the bills in
respect of which there is no dispute and of items in dispute, for quantities and rates as approved
by the Commissioner shall be made within a reasonable period as may be necessary for the
purpose of verification etc.
After payment of the final bill as aforesaid has been made, the contractor may, if he so desires,
reconsider his position in respect of a disputed portion of the final bills and if he fails to do so
within 84 days, his disputed claim shall be dealt with as provided in the contract.
A percentage of the retention money, over and above the actual retention money as indicated
below shall be held back from payments till the finalization of final bill to be submitted as per
above and will be paid within 30 days of acceptance of the final bill.
Sr. Amount of Contract Cost Minimum Payable Amount in final bill
no.
1 Upto Rs.5 Crs. Rs.10 Lacs or final bill whichever is more
2 Upto Rs.25 Crs. Rs.1 Crore or final bill amount whichever is more
3 Upto Rs. 50 Crs. Rs.2 Crores or final bill amount whichever is more
4 Upto Rs.100 Crs. Rs.4 Crore or final bill amount whichever is more
5 More than Rs.100 Crs.. Rs.7 Crore or final bill amount whichever is more
The contractor have to submit the bill for the work carried out within 15 days from the date of
completion of the work to the respective executing department. If the contractor fails to submit
their bills to concerned executing department, penalty or action as shown below will be taken
for each delayed bill:-
After 15 days from the date of Equal to 5% of bill amount
completion/running bill upto certain date, upto
next 15 days i.e. upto 30 days
Next 15 days upto 45 days from the date of Equal to 10% of bill amount
completion/running bill upto specified date
If not submitted witin 45 days from the date of Bill will not be admitted for
completion/ R.A. bill payment.
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amount stated in the Contract Data from payments due to the Contractor.
46. Termination
46.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
46.2 Fundamental breaches of Contract shall 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
Programme and the stoppage has not been authorized by the Engineer;
b) The Contractor is declared as bankrupt or goes into liquidation other than for approved
reconstruction or amalgamation;
c) The Engineer gives Notice that failure to correct a particular Defect is a fundamental breach
of Contract 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;
e) The Contractor has delayed the completion of the Works by the number of days for which
the maximum amount of liquidated damages can be paid, as defined in relevant clause.
f) The Contractor fails to provide insurance cover as required under relevant clause .
g) If the Contractor, in the judgment of the Employer, has engaged in the corrupt or fraudulent
practices as defined in GCC in competing for or in executing the Contract.
h) If the Contractor fails to set up a field laboratory with the prescribed equipment, within the
period specified in the Contract Data; and
i) Any other fundamental breaches as specified in the Contract Data.
j) If the Contractor fails to deploy machinery and equipment or personnel as specified in the
Contract Data at the appropriate time.
46.3 When either party to the contract gives notice of a breach of contract to the Engineer for
a cause other than those listed above, the Engineer shall decide whether the breach is
fundamental or not.
46.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
46.5 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.
47. Payment upon Termination
47.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Engineer shall issue a certificate for value of the work done and materials
ordered less liquidated damages, if any, less advance payments received up to the date of the
issue of the certificate and less the percentage to apply to the value of the work not completed,
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as indicated in the Contract Data. If the total amount due to the Employer exceeds any payment
due to the Contractor, the difference shall be recovered from the security deposit, and
performance security. If any amount is still left un-recovered it will be a debt due from the
Contractor to the Employer
47.2 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 the Contract, and less taxes due to be
deducted at source as per applicable law.
48. Property
48.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be
deemed to be the property of the Employer for use for completing balance construction work
if the Contract is terminated because of the Contractor's default, till the Works is completed
after which it will be transferred to the Contractor and credit, if any, given for its use.
49. Release from Performance
If the Contract is frustrated by the outbreak of war or by any other event entirely outside the
control of the Employer or the Contractor, the Engineer shall certify that the Contract has been
frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after
receiving this certificate and shall be paid for all work carried out before receiving it and for
any work carried out afterwards to which a commitment was made.
F) Other Conditions of Contract
50. Labour
50.1 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.
50.2 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 number 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.
51. Compliance with Labour Regulations
(a) 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
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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.
(b) Furthermore, 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 guarantee. 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.
(c) The Contractor shall require his employees to obey all applicable laws, including those
concerning safety at work.
(d) 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.
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liabilities and penalties provided by the said Act and said Rules.
54. Contract Document/order of precedence
The documents forming the contract are to be taken as mutually explanatory of one another.
Unless otherwise provided in the contract, the priority of the documents forming the contract
shall be, as follows:
3) The Bid:
5) Tender Document
7) The Specification:
The Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the
Bidding Process. Any Applicant found to have a Conflict of Interest shall be disqualified. An
Applicant shall be deemed to have a Conflict of Interest affecting the Bidding Process, if
2. Such Applicant has the same legal representative for purposes of this Application as any other
Applicant; or
3. Such Applicant, or any Associate thereof has a relationship with another Applicant, or any
Associate thereof, directly or through common third party/ parties, that puts either or both of
them in a position to have access to each other’s information about, or to influence the
Application of either or each other; or
4. The Applicant shall be liable for disqualification if any legal, financial or technical adviser of
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the Authority in relation to the Project is engaged by the Applicant, its Member or any
Associate thereof, as the case may be, in any manner for matters related to or incidental to the
Project. For the avoidance of doubt, this disqualification shall not apply where such adviser
was engaged by the Applicant, its Member or Associate in the past but its assignment expired
or was terminated 6 (six) months prior to the date of issue of this TENDER. Nor will this
disqualification apply where such adviser is engaged after a period of 3 (three) years from the
date of commercial operation of the Project.
56. Applications and costs thereof
No Applicant shall submit more than one Application for the Project. An applicant applying
individually shall not be entitled to submit another application either individually. The
Applicant shall be responsible for all of the costs associated with the preparation of their
Applications and their participation in the Bid Process. The Authority will not be responsible
or in any way liable for such costs, regardless of the conduct or outcome of the Bidding
Process.
57. Acknowledgment by Applicant
Notwithstanding anything contained in this TENDER, “The Authority” reserves the right to
accept or reject any Application and to annul the Bidding Process and reject all Applications/
Bids, at any time without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons therefore. In the event that the Authority rejects
or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids
hereunder.
“The Authority” reserves the right to reject any Application and/ or Bid if:
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i. at any time, a material misrepresentation is made or uncovered, or
ii. the Applicant does not provide, within the time specified by the Authority, the supplemental
information sought by the Authority for evaluation of the Application.
In case it is found during the evaluation or at any time before signing of the Agreement or after
its execution and during the period of subsistence thereof including the concession thereby
granted by “The Authority”, that one or more of the pre-qualification conditions have not been
met by the Applicant, or the Applicant has made material misrepresentation or has given any
materially incorrect or false information, the Applicant shall be disqualified forthwith if not
yet appointed as the Successful Bidder either by issue of the LOA (Letter of Approval) or
entering into of the Agreement, and if the Applicant has already been issued the LOA or has
entered into the Concession Agreement, as the case may be, the same shall, notwithstanding
anything to the contrary contained therein or in this TENDER, be liable to be terminated, by a
communication in writing by “The Authority” to the Applicant, without the Authority being
liable in any manner whatsoever to the Applicant and without prejudice to any other right or
remedy which the Authority may have under this TENDER, the Bidding Documents, the
Concession Agreement or under applicable law.
“The Authority” reserves the right to verify all statements, information and documents
submitted by the Applicant in response to the TENDER. Any such verification or lack of such
verification by the Authority shall not relieve the Applicant of its obligations or liabilities
hereunder nor will it affect any rights of the Authority there under.
59. The bid shall be rejected if the bidder-
The Application and all related correspondence and documents in relation to the Bidding
Process shall be in English language. Supporting documents and printed literature furnished
by the Applicant with the Application may be in any other language provided that they are
accompanied by translations of all the pertinent passages in the English language, duly
authenticated and certified by the Applicant. Supporting materials, which are not translated
into English, may not be considered. For the purpose of interpretation and evaluation of the
Application, the English language translation shall prevail.
63. Format and signing of Application
The Applicant shall provide all the information sought under this TENDER. The Authority
will evaluate only those Applications that are received in the required formats and complete in
all respects. Incomplete and /or conditional Applications shall be liable to rejection.
The Applicant will upload bid in One Folder in electronic form which shall contain the scanned
certified copies of the documents given below and the documents uploaded has to be digitally
signed by the bidder. These copies shall be certified by Practicing Notary approved by the
Govt. of Maharashtra or Govt. of India with his stamp, clearly stating his name & registration
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number, except where original documents are demanded
64. Marking of Applications
The Applicant shall submit the Application in the format specified at Appendix-I, together with
the documents, upload in folder as “VENDOR” together with their respective enclosures
Applications submitted by fax, telex, telegram shall not be entertained and shall be rejected
outright.
• The Contractor shall inspect and examine the site and its surrounding and shall satisfy himself
before submitting his tender as to the nature of the ground and subsoil (so far as is practicable),
the form and nature of the site, the quantities and nature of the work and materials necessary
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for the completion of the works and means of access to the site, the accommodation he may
require and in general shall himself obtain all necessary information as to risk, contingencies
and other circumstances which may influence or affect his tender. He shall also take into
consideration the hydrological and climatic conditions.
• The Employer may make available to the Contractor data on hydrological and sub-surface
conditions as obtained by or on his behalf from investigations relevant to the works but the
Contractor shall be responsible for his own interpretation thereof. The contractor shall engage
his investigating agency with prior approval of the Engineer from the approved list of such
agencies by BMC or Govt at his cost initially before commencing actual work and which shall
be reimbursed immediately subject to satisfaction of the Engineer for faithful compliance and
submission of required data regarding such investigation within specified time.
• The Contractor shall be deemed to have satisfied himself before tendering as to the correctness
and sufficiency of his tender for the works and of the rates and prices quoted in the schedule
of works / items / quantities, or in Bill of Quantities, which rates and prices shall, except as
otherwise provided cover all his obligations under the Contract and all matters and things
necessary for proper completion and maintenance of the works. No extra charges consequent
on any misunderstanding.
• Not Foreseeable Physical Obstructions or Conditions: If, however, during the execution of
the Works the Contractor encounters physical obstructions or physical conditions, other than
climatic conditions on the Site, which obstructions or conditions were, in his opinion, not
foreseeable by an experienced contractor, the Contractor shall forthwith give notice thereof to
the Engineer. On receipt of such notice, the Engineer shall, if in his opinion such obstructions
or conditions could not have been reasonably foreseen by an experienced contractor, after due
consultation with the Contractor, determine:
ii.The amount of any costs which may have been incurred by the Contractor by reason of such
obstructions or conditions having been encountered, which shall be added to the Contract Price
and shall notify the Contractor accordingly. Such determination shall take account of any
instruction which the Engineer may issue to the Contractor in connection therewith, and any
proper and reasonable measures acceptable to the Engineer which the Contractor may take in
the absence of specific instructions from the Engineer. However such costings shall be got
approved by the competent authority as governed vide rules prevailing with authority.
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• Office for the Engineer (Works costing upto Rs.50 Lakhs)
The Contractor shall at his own cost and to satisfaction of the Engineer provide a small
temporary office, at the work-site which will include tables, chairs and lockers for keeping the
records. He shall also make necessary arrangements for drinking water, telephone with a pre-
requisite of e-governance and electronic communication. These offices are not to be allowed
on public roads without the written instruction of the Engineer. These offices should be
preferably located within 50 to 500 m of the worksite. In case the office is more than 500m
away from the worksite, the contractor is to provide conveyance for Municipal Staff.
The Contractor shall at his own cost and to satisfaction of the Engineer provide a temporary
office at the work-site which will include tables, chairs and lockers for keeping the records. He
shall also make necessary arrangements for drinking water, latrines, with doors, windows,
locks, bolts and fastenings sufficient for security for the Engineer, and his subordinates, as
close to the works from time to time in progress as can be conveniently arranged, and shall at
his own cost furnish the office with such chairs, tables, lockers, locks and fastenings as may
be required by the Engineer, and no expense of any kind in connection with the erection or
upkeep of the offices or fittings shall be borne by the Corporation, but all such work shall be
carried out by the Contractor and the expenses thereof defrayed by him. The Contractor shall
also make water connections and fit up stand pipe with a bib tap at each office. The latrines
and the water connections shall be subject to all the conditions herein elsewhere laid down for
temporary water connection and latrines generally with all requisite equipments for e-
governance and electronic and digital communication. These offices are not to be allowed on
public roads without the written instruction of the Engineer. These offices should be preferably
located within 50 to 500 m of the worksite. In case the office is more than 500m away from
the worksite, the contractor is to provide conveyance. Also, for staff working beyond working
hours the contractor has to provide conveyance.
• Permission for provision and removal of office on completion of work: The tenderer shall
obtain permission for provision of site office, cement go-down, store, etc. on payment of
necessary cost implication. The cement go-down, Watchman cabins, etc. shall be provided as
directed and shall be removed by the Tenderers on completion of the work at their cost. It is
binding on the Tenderer to fulfill requirements of Environmental Authorities. The location of
such office shall be finalized and got approved from the Engineer before
erection/commencement work.
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• Contractor’s office near works: The Contractor shall have an office near the works at which
notice from the Commissioner or the Engineer may be served and shall, between the hours of
sunrise and sunset on all working days, have a clerk or some other authorized person always
present at such office upon whom such notices may be served and service of any notices left
with such clerk or other authorized person or at such office shall be deemed good service upon
the Contractor and such offices shall have pre-requisite facilities for e-governance.
The Contractor shall of all the persons employed in any works in connection with the contract
that the India Official Secrets Act 1923 (XIX of 1923) applies to them and will continue to
apply even after execution of the said works and they will not disclose any information
regarding this contract to any third party. The contractor shall also bring into notice that, any
information found to be leaked out or disclosed the concern person as well as the Contractor
will be liable for penal action; further the Corporation will be at liberty to terminate the contract
without notice.
70. Subsequent Legislation:
If on the day of submission of bids for the contract, there occur changes to any National or
State stature, Ordinance, decree or other law or any regulation or By-laws or any local or other
duly constituted authority or the introduction of any such National or State Statute, Ordinance,
decree or by which causes additional or reduced cost to the Contractor, such additional or
reduced cost shall, after due consultation with the Contractor, be determined by the concerned
Engineering Department of BMC and shall be added to or deducted from the Contract Price
with prior approval of competent authority and the concerned Engineering Department shall
notify the Contractor accordingly with a copy to the Employer. BMC reserve the right to take
decision in respect of addition/reduction of cost in contract.
71. Patent, Right and Royalties:
The contractor shall save harmless and indemnify the Corporation from and against all claims
and proceedings for or on account of infringement of any Patent rights, design trademark or
name of other protected rights in respect of any constructional plant, machine work, or material
used for or in connection with the Works or any of them and from and against all claims,
proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation
thereto. Except where otherwise specified, the contractor shall pay all tonnage and other
royalties, rent and other payments or compensation, if any, for getting stone, sand, gravel, clay
or other materials required for the works or any of them.
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72. Payments, Tax and Claims:
Under no circumstances whatever the contractor shall be entitled to any compensation from
BMC on any account unless the contractor shall have submitted a claim in writing to the Eng-
in-change within 1 month of the case of such claim occurring.
A No interest for delayed payments due to disputes, etc:
It is agreed that the Brihanmumbai Municipal Corporation or its Engineer or Officer shall not
be liable to pay any interest or damage with respect of any moneys or balance which may be
in its or its Engineer’s or officer’s hands owing to any dispute or difference or claim or
misunderstanding between the Municipal Corporation of Greater Bombay or its Engineer or
Officer on the one hand and the contractor on the other, or with respect to any delay on the part
of the Municipal Corporation of Greater Bombay or its Engineer or Officers in making
periodical or final payments or in any other respect whatever.
73. Settlement of Disputes:
If the Contractor is an individual or a proprietary concern and the individual or the proprietor
dies and if the Contractor is a partnership concern and one of the legal representative of the
individual Contractor or the proprietor of the proprietary concern and in case of partnership,
the surviving partners, are capable of carrying out and completing the contract, the
Commissioner shall be entitled to cancel the contract as to its uncompleted part without the
Corporation being in any way liable to payment of any compensation to the estate of the
deceased Contractor and or to the surviving partners of the Contractor’s firm on account of the
cancellation of the contract. The decision of the Commissioner that the legal representative of
the deceased Contractor or surviving partners of the Contractor’s firm cannot carry out and
complete the contract shall be final and binding on the parties. In the event of such cancellation
the Commissioner shall not hold estate of the deceased Contractor and or surviving partners of
the Contractor’s firm liable in damages for not completing the contract.
2 Settlement of Disputes:
If any dispute or differences of any kind whatsoever other than those in respect of which, the
decision of any person is, by the Contract, expressed to be final and binding) shall arise
between the Employer and the Contractor or the Engineer and the Contractor in connection
with or arising out of the Contract or carrying out of the Works (Whether during the progress
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of the Works or after their completion and whether before or after the termination,
abandonment or breach of the Contract) it, the aggrieved party may refer such dispute within
a period of 7 days to the concerned Addl. Municipal Commissioner who shall constitute a
committee comprising of three officers i.e. concerned Deputy Municipal Commissioner or
Director (ES&P), Chief Engineer other than the Engineer of the Contract and concerned Chief
Accountant. The Committee shall give decision in writing within 60 days. Appeal on the Order
of the Committee may be referred to the Municipal Commissioner within 7 days. Thereafter
the Municipal Commissioner shall constitute a Committee comprising of three Addl.
Municipal Commissioners including Addl. Municipal Commissioner in charge of Finance
Department. The Municipal Commissioner within a period of 90 days after being requested to
doso shall give written notice of committee’s decision to the Contractor. Save as herein
provided such decision in respect of every matter so referred shall be final and binding upon
both parties until the completion of the works, and shall forthwith be given effect to by the
Contractor who shall proceed with the works with due diligence, whether he requires
arbitration as hereinafter provided or not. If the Commissioner has given written notice of the
decision to the Contractor and no Claim to arbitration has been communicated within a period
of 90 days from receipt of such notice the said decision shall remain final and binding upon
the Contractor.
74. Arbitration and Jurisdiction:
If the Commissioner shall fail to give notice of the decision as aforesaid within a period of 90
days after being requested as aforesaid, or if the Contractor be dissatisfied with any such
decision, then and in any such case the Contractor may within 90 days after receiving notice
of such decision or within 90 days after the expirations of the first named period of 90 days (as
the case may be) require that the matter or matters in dispute be referred to arbitration as
hereinafter provided. All disputes or differences in respect of which the decision (if any) of the
Commissioner has not become final and binding as aforesaid shall be finally settled by
Arbitration as follows:
Arbitration shall be effected by a single arbitrator agreed upon the parties. The arbitration shall
be conducted in accordance with the provisions of the Arbitration Act, 1996 or any statutory
modifications thereof, and shall be held at such place and time within the limits of Brihan
Mumbai as the arbitrator may determine. The decision of the arbitrator shall be final and
binding upon the parties hereto and the expense of the arbitration shall be paid as may be
determined by the arbitrator. Performance under the Contract shall, if reasonably be possible,
continued during the arbitration proceedings and payment due to the Contractor by the
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Employer shall not be withheld unless they are the subject matter of arbitration proceedings.
The said arbitrator shall have full power to open up, review and revise any decision, opinion,
direction, certification or valuation of the Commissioner and neither party shall be limited in
the proceedings before such arbitrator to the evidence or arguments put before the
Commissioner for the purpose of obtaining his said decision. No decision given by the
Commissioner in accordance with the foregoing provisions shall disqualify him from being
called as a witness and giving evidence before the arbitrator on any matters whatsoever relevant
to the disputes or difference referred to the arbitrator as aforesaid. All awards shall be in writing
and for claims equivalent to 5,00,000 or more such awards shall state reasons for amounts
awarded. The expenditure of arbitration shall be paid as may be determined by arbitrator.
In case of any claim, dispute or difference arising in respect of a contract, the cause of action
thereof shall be deemed to have arisen in Mumbai and all legal proceedings in respect of any
claim, dispute or difference shall be instituted in a competent court in the City of Mumbai only.
75. Copyright:
The copyright of all drawings and other documents provided by the Contractor under the
contract shall remain vested in the Contractor or his sub-contractors as the case may be the
employer shall have a license to use such drawings and other documents in connection with
the design, construction, operation, maintenance of the works. At any time the Employer shall
have further license without additional payment to the Contractor to use any such drawings or
documents for the purpose of making any improvement of the works or enlargement or
duplication of any part thereof, provided that such improvement, enlargement, or duplication
by itself or in conjunction with any other improvements, enlargements or duplications already
made in accordance with the further license does not result in the duplication of the whole
works.
76. Receipts to be signed in firm’s name by any one of the partners:
Every receipt for money which may become payable or for any security which may become
transferable to the Contractor under these present shall, if signed in the partnership name by
any one of the partners, be a good and sufficient discharge to the Commissioner and Municipal
Corporation in respect of the money or security purporting to be acknowledged thereby, and
in the event of death of any of the partners during the pendency of this contract, it is hereby
expressly agreed that every receipt by any one of the surviving partners shall, if so signed as
aforesaid, be good and sufficient discharge as aforesaid provided that nothing in this clause
contained shall be deemed to prejudice or effect any claim which the Commissioner or the
Corporation may hereafter have against the legal representatives of any partners so dying or in
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respect of any breach of any of the conditions thereof, provided also that nothing in this clause
contained shall be deemed prejudicial or affect the respective rights or obligations of the
Contractors and of the legal representatives of any deceased Contractors interest.
77. Proprietary data
All documents and other information supplied by the Authority or submitted by an Applicant
to the Authority shall remain or become the property of the Authority. Applicants are to treat
all information as strictly confidential and shall not use it for any purpose other than for
preparation and submission of their Application. The Authority will not return any Application
or any information provided along therewith.
78. Correspondence with the Applicant
Save and except as provided in this TENDER, the Authority shall not entertain any
correspondence with any Applicant in relation to the acceptance or rejection of any
Application.
79. Price Variation Clause
The Contractor shall be reimbursed or shall refund to the Corporation as he case may be the
variation in the value of the work carried out from time to time, depending on whether the
prices of material and labour as a whole rise or fall, and the method adopted for such
computations shall be as given below, it being clearly understood that the contractor shall have
no claim for being reimbursed on the ground that the price of a particular material or group of
materials have risen beyond the limits of the presumptions made in the following paras,
however, no price variations shall be made applicable for contracts upto 12 months:
A) Controlled materials: Price variations shall be permitted in respect of these materials the price
level of which is controlled by the Government or its agency. The rate ruling on the date of
submission of the tender shall be considered as the basic price of such material for adjustment.
Any variation in this rate shall be considered for reimbursement to the contractor or refund to
be claimed from the contractor as the case may be. The contractor shall, for the purpose of
adjustment submit in original the relevant documents from the suppliers.
B) Labour and other materials: For the purpose of this contract and for allowing reimbursement
of refund on account of variation of prices of (i) labour, and (ii) materials other than materials
mentioned in A above, computation will be based on the formula enunciated below which is
based on the presumptions that :
i) The general price level of labour, rises or falls in proportion to the rise or fall of consumer
price index number 9 (general) for working class in Mumbai.
ii) The general price level of materials rises or falls in proportion to rise or fall of whole-sale price
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index as published by ‘Economic Adviser to Govt. of India’.
iii) And that the component of labour is to the extent of 30 percent of 88 percent and the component
of materials is to the extent of 70 percent of 88 percent of the value of the work carried out.
The remaining 12 percent being the presumptive profit of the contractor.
a) Formula for Labour component:
VL = (0.88 R) x 30 x ( I – IO)
100 IO
b) Formula for Material component :
VM = (0.88 R x 70 - C) x (W – WO)
100 WO
Where –
VL = Amount of price variation to be reimbursed or claimed as refund on account of general
rise or fall of index referred to above.
I = Consumer Price Index number of working class for Mumbai (declared by the
Commissioner of Labour and Director of Employment, Mumbai) applicable to the period under
reference (base year ending 2004-05 as 100 i.e. new series of indices).
IO = Consumer price index number for working class for Mumbai (declared by the
Commissioner of labour and Director of Employment, Mumbai) prevailing, on the day of 28
days prior to the date of submission of the tender.
VM = The amount of price variation to be reimbursed or claimed as refund on account of
general rise or fall of wholesale price index for period under reference.
W= Average wholesale price index as published by Economic Adviser to Govt. of India
applicable to the period under reference.
WO = Wholesale price index as stated above prevailing on the day of 28 days prior to the date
of submission of the tender.
R = Total value of the work done during the period under reference as recorded in the
Measurement Book excluding water charges and sewerage charges but including cost of excess
in respect of item upto 50 percent
C = Total value of Controlled materials used for the works as recorded in Measurement Book
and paid for at original basic rate plus the value of materials used .
i) The quantity of the Controlled material adopted in working out the value of ‘C’ shall be
inclusive of permitted wastages as / if mentioned in specifications.
ii) The basic rate for the supply of controlled material shall be inclusive of all the components of
cost of materials excluding transport charges incurred for bringing the material from place of
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delivery to the site.
Computations based on the above formula will be made for the period of each bill separately
and reimbursement will be made to (when the result is plus) and refund will claimed from
(when the result is minus) the contractor’s next bill. The above formulae will be replaced by
the formulae in Annexure-I as and when mentioned in special conditions of contract
The operative period of the contract for application of price variation shall mean the period
commencing from the date of commencement of work mentioned in the work order and ending
on the date when time allowed for the work order and ending on the date when time allowed
for the work specified in the contract for work expires, taking into consideration, the extension
of time, if any, for completion of the work granted by Engineer under the relevant clause of
the conditions of contract in cases other than those where such extension is necessitated on
account of default of the contractor.
The decision of the Engineer as regards the operative period of the contract shall be final and
binding on the contractors.
iii) Where there is no supply of controlled items to contractor the component ‘C’ shall be taken as
zero.
C) Adjustment after completion: If the Contractor fails to complete the works within the time for
completion adjustment of prices thereafter until the date of completion of the works shall be
made using either the indices or prices relating to the prescribed time for completion, or the
current indices or prices whichever is more favorable to the employer, provided that if an
extension of time is granted, the above provision shall apply only to adjustments made after
the expiry of such extension of time.
D) Price variation will be calculated similarly and separately for extra items and / or excess
quantities and provisional sums calculated under Sub Clause 10 (b)A (i)&(ii) and Sub Clause
10 (b) B(ii) based on the above formula/formulae in Annexure-I as and when mentioned in
Special conditions of contract; IO and WO being the indices applicable to the date on which
the rates under Sub Clause 10 (a)A (i)&(ii) and Sub Clause 10 (a) B(iii) are fixed. No price
variation shall be admissible for FAIR items created during execution.
80. Maximum Price Variation shall be as follows:
Time Period of Project Maximum limit of Price
Variation
Up to 12 months No variation allowed
Above12 months to 5%
24 months
Above 24 months 10%
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*Approval of AMC/MC shall be obtained before invitation of tender in case of any
changes in above.
Note: 1) The extension in time period for the projects originally estimated including monsoon
results in change of price variation slabs as mentioned above i.e.from first slab to second
slab or from second slab to third slab, then the maximum limit of original slab will
prevail.
2) Operative period shall mean original or extended time period of contract.
For example:
The price variation for the period of extension granted shall be limited to the amount payable
as per the Indices. In case the indices increases or decreases, above/below the indices
applicable, to the last month of the original or extended period vide clause8(l)(a)(i) and (ii) of
standard GCC
(ii) Extension Of Time For Delay Due To Contractor:
(a) The price variation for the period of extension granted shall be limited to the amount payable
as per the Indices in case the indices increase, above the indices applicable, to the last month
of the original completion period or the extended period vide above clause 8(l)(a)(i) and (ii) of
standard GCC.
(b) The price variation shall be limited to the amount payable as per the indices, in case the
indices decrease or fall below the indices applicable, to the last month of original / extended
period of completion period vide above clause 8(l)(b) of standard GCC, then lower indices
shall be adopted.
(iii) Extension of Time For Delay due to reasons not attributable to BMC and Contractor
(Reference Cl.8(d) of Standard GCC):
The price variation for the period of extension granted shall be limited to the amount payable as
per the Indices in case the indices increases or decreases, above/below the indices applicable,
to the last month of the original period.
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81. Payment:
Interim Payment :
i. Interim bills shall be submitted by the Contractor from time to time (but at an interval of not
less than one month) for the works executed. The Engineer shall arrange to have the bill s
verified by taking or causing to be taken, where necessary, the requisite measurement of work.
ii. Payment on account for amount admissible shall be made on the Engineer certifying the sum
to which the Contractor is considered entitled by way of interim payment for all the work
executed, after deducting there from the amount already paid, the security deposit / retention
money and such other amounts as may be deductible or recoverable in terms of the contract.
iii. On request, the contractor will be paid upto 75 percent of the value of the work carried out as
an adhoc payment in the first week of next month after deducting there from recoveries on
account of advances, interest, retention money, income tax etc. The balance payment due will
be paid thereafter.
iv. No interim payment will be admitted until such time the Contractor have fully complied with
the requirement of the Condition no.8 (g) and 8 (h) concerning submission and approval of
Network Schedule for the works, as detailed in Condition 8 (h). A fixed sum shall be held in
abeyance at the time of next interim payment for non-attainment of each milestone in the
network and shall be released only on attainment of the said milestone.
v. An interim certificate given relating to work done or material delivered may be modified or
corrected by a subsequent interim certificate or by the final certificate. No certificate of the
Engineer supporting an interim payment shall of itself be conclusive evidence that any work
or materials to which it relates is / are in accordance with the contract.
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of items of work for which separate period of completion are given in the contract and of which
completion is delayed for every week that the whole of the work of item or group of items of
work concerned remains uncompleted, even though the contract as a whole be completed by
the contract or the extended date of completion. For this purpose the term ‘Contract Value’
shall be the value of the work at Contract Rates as ordered including the value of all deviations
ordered:
• Completion period for projects (originally stipulated or as extended) not exceeding 6 months
: to the extent of maximum 1 percent per week.
• Completion period for projects (originally stipulated or as extended) exceeding 6 months and
not exceeding 2 years: to the extent of maximum ½ percent per week.
• Completion period for projects (originally stipulated or as extended) exceeding 2 years : to the
extent of maximum ¼ percent per week.
When the delay is not a full week or in multiple of a week but involves a fraction of a week
the compensation payable for that fraction shall be proportional to the number of days
involved.
Provided always that the total amount of compensation for delay to be paid this condition shall
not exceed the under noted percentage of the Contract Value of the item or group of items of
work for which a separate period of completion is given.
i) Completion period (as originally stipulated or as extended) not exceeding 6 months: 10
percent.
ii) Completion period (as originally stipulated or as extended) exceeding 6 months and not
exceeding 2 years : 7½ percent.
iii) Completion period (as originally stipulated or as extended) exceeding 2 years : 5 percent.
The amount of compensation may be adjusted set off against any sum payable to the contractor
under this or any other contract with the Municipal Corporation.
85. Action and Compensation Payable In Case Of Bad Work And Not Done As Per
Specifications
All works under or in course of execution or executed in pursuance of the contract, shall at all
times be open and accessible to the inspection and supervision of the Engineer-in-charge, his
authorized subordinates in charge of the work and all the superior officers, officer of the
Vigilance Department of the BMC or any organization engaged by the BMC for Quality
Assurance and the contractor shall, at all times, during the usual working hours and at all other
times at which reasonable notice of the visit of such officers has been given to the contractor,
either himself be present to receive orders and instructions or have a responsible agent duly
accredited in writing, present for that purpose. Orders given to the Contractor’s agent shall be
considered to have the same force as if they had been given to the contractor himself.
If it shall appear to the Engineer-in-charge or his authorized subordinates in-charge of the
work or to the officer of Vigilance Department, that any work has been executed with unsound,
imperfect or unskillful workmanship or with materials of any inferior description, or that any
materials or articles provided by him for the execution of the work are unsound or of a quality
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inferior to that contracted for or otherwise not in accordance with the contract, the contractor
shall, on demand in writing which shall be made within twelve months of the completion of
the work from the Engineer-in-Charge specifying the work, materials or articles complained
of notwithstanding that the same may have been passed, certified and paid for forthwith rectify,
or remove and reconstruct the work so specified in whole or in part, as the case may require or
as the case may be, remove the materials or articles so specified and provide other proper and
suitable materials or articles at his own charge and cost. In the event of the failing to do so
within a period specified by the Engineer-in-Charge in his demand aforesaid, then the
contractor shall be liable to pay compensation at the same rate as under clause 8.e. of the
general condition of contract in section 9 of tender document (for Compensation for delay) for
this default. In such case the Engineer-in Charge may not accept the item of work at the rates
applicable under the contract but may accept such items at reduced rates as the Engineer in
charge may consider reasonable during the preparation of on account bills or final bill if the
item is so acceptable without detriment to the safety and utility of the item and the structure or
he may reject the work outright without any payment and/or get it and other connected and
incidental items rectified, or removed and re-executed at the risk and cost of the contractor.
Decision of the Engineer-in-Charge to be conveyed in writing in respect of the same will be
final and binding on the contractor.
If the penalisation amount exceeds maximum limit with respect to Clause 8.e of Standard
General Conditions of Contract, then a show cause notice shall necessarily be issued to the
contract as to why the contract should not be terminated.
86. Contractors remain liable to pay compensation:
In any case in which any of the powers conferred upon the Engineer In-charge by the relevant
clauses in documents that form a part of contract as exercised or is exercisable in the event of
any future case of default by the Contractor, he is declared liable to pay compensation
amounting to the whole of his security deposit. The liability of the Contractor for past and
future compensation shall remain unaffected.
In the event of the Executive Engineer taking action against these relevant clauses, he may, if
he so desires, take possession of all or any tools and plant, materials and stores in or upon the
work of site thereof or belonging to the Contractor or procured by him and intended to be used
for the execution of the work or any part 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 Executive Engineer, may after giving notice in writing to the Contractor
or his staff of the work or other authorized agent require him to remove such tools and plants,
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 Executive Engineer
may remove them at the contractors expense of sell them by auction or private sell on account
of the Contractor at his risk in all respects and certificate of the Executive Engineer as to the
expense of any such removal and the amount of the proceeds an expense of any such sell be
final and conclusive against the Contractor.
87. No Claim to Any Payment or Compensation or Alteration In or Restriction of Work
(a) If at any time after the execution of contract documents, the Engineer shall for any reason
whatsoever, desires that the whole or any part of the works specified in the Tender should be
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suspended for any period or that the whole or part of the work should not be carried out, at all,
he shall give to the Contractor a Notice in writing of such desire and upon the receipt of such
notice, the Contractor shall forthwith suspend or stop the work wholly or in part 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 the work already done or endanger the
safety thereof, provided that the decision of the Engineer as to the stage at which the work or
any part of it could be or could have been safely stopped or suspended shall be final and
conclusive against the contractor.
The Contractor shall have no claim to any payment or compensation whatsoever by reason
of or in pursuance of any notice as aforesaid, on account of any suspension, stoppage or
curtailment except to the extent specified hereinafter.
(b) Where the total suspension of Work Order as aforesaid continued for a continuous period
exceeding 90 days the contractor shall be at liberty to withdraw from the contractual
obligations under the contract so far as it pertains to the unexecuted part of the work by giving
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 Engineering to record the final measurement of
the work already done and to pay final bill. Upon giving such Notice, the Contractor shall be
deem to have been discharged from his obligations to complete the remaining unexecuted work
under his contract. On receipt of such notice the Engineer shall proceed to complete the
measurement 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.
(c) Where the Engineer required to 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 the work after such suspension for payment of
compensation to the extent of pecuniary loss suffered by him in respect of working machinery
remained ideal on the site of on the account of his having an to pay the salary of wages and
labour engaged by him during the said period of suspension provided always that the contractor
shall not be entitled to any claim in respect of any such working machinery, salary or wages
for the first 30 days whether consecutive or in the aggregate or such suspension or in respect
of any such suspension whatsoever occasion by unsatisfactory work or any other default on his
part, the decision of the Engineer in this regard shall be final and conclusive against the
contractor.
88. Contractor to supply plant, ladder, scaffolding, etc and is liable for damages arising from
non provision of lights, fencing, etc.
The Contractor shall supply at his own cost all material, plant, tools, appliances, implements,
ladders, cordage, tackle scaffolding and temporary works requisite or proper for the proper
execution of the work, whether, in the original altered or substituted form and whether included
in the specification of 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 Eng-In-Charge as to any matter as to which under these conditions is
entitled to be satisfied, or which is entitled to require together with the carriage therefore to
and from the work.
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The Contractor shall also supply without charge, the requisite number of person with the means
and materials necessary for the purpose of setting out works and counting, weighing and
assisting in the measurements of examination at any time and from time to time of the work or
materials, failing which the same may be provided by the Engineer In-charge 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 offers 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 defence of every suit, action or other
legal proceedings, that may be brought by any person for injury sustained owing to neglect of
the above precautions and to pay any damages and cost 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.
89. Prevention of Fire :
The contractor shall not set fire to any standing jungle, trees, brushwood or grass without
a written permit from the Engineer In-charge. When such permit is given, and also in all cases
when destroying cut or dug up trees brushwood, grass, etc., by fire, the contractor shall take
necessary measure to prevent such fire spreading to or otherwise damaging surrounding
property. The Contractor shall make his own arrangements for drinking water for the labour
employed by him.
90. Compensation for all damages done intentionally or unintentionally by contractor’s labour
whether in or beyond the limits of BMC property including any damage caused by spreading
the fire shall be estimated by the Engineer In-charge or such other officer as he may appoint
and the estimate of the Engineer in-charge to the decision of the Dy. Chief Engineer on appeal
shall be final and the contractor shall be bound to pay the amount of the assessed compensation
on demand failing which the same will be recovered from the Contractor as damages or
deducted by the Engineer In-charge from any sums that may be due or become due from BMC
to contractor under this Contract or otherwise. Contractor shall bear the expenses of defending
any action or other legal proceedings that may be brought to prevent the spread of fire and he
shall pay any damages and costs that may be awarded by the Court in consequence.
91. In the case of Tender by partners, any change in the constitution of the firm shall be
forthwith, notified by the contractor through the Engineer In-charge for his information.
92. Action where no specifications:
In the case of any class of work for which there is no such specifications, such works
shall be carried out in accordance with the specifications and in the event of there being no
such specifications, then in such case, the work shall be carried out in all respects in
accordance with all instructions and requirements of the Engineer In-charge.
93. Safety and medical help:
(i) The Contractor shall be responsible for and shall pay the expenses of providing medical
help to any workmen who may suffer a bodily injury as a result of an accident. If such expenses
are incurred by BMC, the same shall be recoverable from the contractor forthwith and be
included without prejudice to any other remedy of BMC from any amount due or that may
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become due to the Contractor.
(ii) The contractor shall provide necessary personal safety equipment and first-aid box for the
use of persons employed on the site and shall maintain the same in condition suitable for
immediate use at any time.
(iii)The workers shall be required to use the safety equipments so provided by the contractor
and the contractor shall take adequate steps to ensure the proper use of equipments by those
concerned.
(iv) When the work is carried on in proximity to any place where there is risk or drawing all
necessary equipments shall be provided and kept ready for use and all necessary steps shall be
taken for the prompt rescue of any person in danger.
94. 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 of works, on account of ant delay in
according to sanction of estimates.
95. Anti-malaria and other health measures:
Anti-Malaria and other health measures shall be taken as directed by the Executive Health
Officer of BMC. Contractor shall see that mosquitogenic conditions are created so as to keep
vector population to minimum level. Contractor shall carry out anti-malaria measures in the
area as per the guidelines issued by the Executive Health Officer of BMC from time to time.
In case of default, in carrying out prescribed anti-malaria measures resulting in increase in
malaria incidence, contractor shall be liable to pay BMC on anti-malaria measures to control
the situation in addition to fine.
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SECTION 10
SPECIFICATIONS & SELECTION OF MATERIAL
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SPECIFICATIONS & SELECTION OF MATERIAL
The tender is prepared on the basis of Unified Schedule of Rates and specifications 2018. The
specifications of the items of USOR are available on MCGM portal http://portal.mcgm.gov.in under
the Tender tab. Hence the deserving contractor shall either download the same from MCGM portal or
the same may be collected in the soft copy format at the time of purchasing the tender from this office.
SELECTION OF MATERIAL
1. All materials brought on the site of work and meant to be used in the same, shall be the best of their
respective kinds and to the approval of the Engineer. The Engineer or his representative will accept
that the materials are really the best of their kinds, when it is proved be-yond doubt that no better
materials of the particular kind in question are available in the market.
2. The contractor shall obtain the approval of the Engineer of samples of all materials to be used in the
works and shall deposit these samples with him before placing an order for the materials with the
suppliers. The materials brought on the works shall conform in every respect to their approved samples.
Fresh samples shall be deposited with the Engineer when- ever the type or source of any material
changes.
3. The contractor shall check each fresh consignment of materials as it is brought to the site of works to
see that they conform in all respects to the Specifications of the samples approved by the Engineer,
orboth.
4. The Engineer will have the option to have any of the materials tested to find out whether they are in
accordance with the Specifications and the Contractor will bear all expenses for such testing. All bills,
vouchers and test certificates, which in the opinion of the Engineer or his representative are necessary
to convince him as to the quality of the materials or their suitability shall be produced for his inspection
when required.
5. Any materials that have not been found to conform to the specifications will be rejected forthwith and
shall be removed from the site by the contractor at his own cost within 24 hours.
6. The Engineer shall have power to cause the Contractors to purchase and use such materials from any
particular source, as may in his opinion be necessary for the proper execution of the work.
7. Notwithstanding the source, the sand shall be washed using sand washing machine before use.
In case of any conflict between the clauses mentioned hereunder and the Indian Standards, those
expressed in the specification shall prevail.
2. Scope
The fabrication and erection/launching of the steel work consist of accomplishing all jobs herein
enumerated including providing all labour, tools, tackle and plant, machinery, all materials and
consumables such as welding electrodes, bolts and nuts, oxygen and acetylene gases, oils for
cleaning etc of approved quality. The work shall be executed by an approved specialist agency
experienced in the work and according to the drawings and specifications.
The contractor will be required to fabricate the structure to the extent possible (in transportable
length and volume) in approved fabrication work shop.
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Indian Standard codes
Steel for general structural purposes – specs (super
i) IS : 2062 -
cedes IS: 226)
Black Hexagonal Bolts, Nuts and Lock Nuts
ii) IS : 1363 -
(diameter 6 to 39mm) and black hexagonal screw
(diameter 6 to 24mm) of product Grade C.
iii) IS : 1364 - Hexagonal head bolts, screws (M16 to M64).
IS : 3757
iv) - Specs for high strength structural bolts nuts.
IS : 6623
IS : 2016 - Specs for plain washers
v)
IS : 6639 - Hexagon bolts for steel structures
Specifications for covered Electrodes for Metal Arc
vi) IS : 814 -
Welding of carbon and carbon manganese
steel – specs.
vii) IS : 800 - Code of Practice for General Construction in steel.
Code of Practice for use of Metal Arc Welding for
viii) IS : 816 -
General Construction in mild steel specs for filler
rods for gas welding.
IS : 1278 Welding rods and bars electrodes for gas shielded
ix) -
IS : 6419 are welding of Structural steel.
Metal Arc Welding of Carbon and Carbon
x) IS : 9595 -
Manganese steel – recommendations.
Recommendations for Submerged Arc welding of
xi) IS : 4353 -
Mild Steel and Low Alloy Steel.
Specs for base wire electrodes for submerged arc
xii) IS : 7280 -
welding of structural steels.
Code of practice for training and testing of metal
xiii) IS : 817 -
arc welders.
IS : 7318 Part – Approval test for welders when welding procedure
xiv) -
I approval in not required.
Recommended Practice for Radiographic
xv) IS : 1182 - Examination of fusion Welded Butt Joints in steel
Plates.
xvi) IS : 2595 - Code of practice for Radiographic testing.
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Recommended practice for ultra-sonic testing for
xvii) IS : 4260 -
butt welds in ferritic steels.
xviii) IS : 3658 - Codes of Practice for Liquid penetrate Flaw
Detection.
xx) IS : 2074 - Ready Mix Paint, air drying, red oxide zinc
chrome, priming specifications.
IRC Codes
xxxi) IRC-6 - Code of practice for Road bridges-section-II
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xxxv) IRC-83 - Code of practice for Bearings- Part-III
IRS Codes
xxxvi) IRS Steel - For construction of Steel bridges
Bridge Code
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3. General Specifications
1. The requirements set forth in Relevant IS codes for the design, fabrication and erection
of structural steel shall govern this work, except as otherwise noted on the drawings or as
otherwise specified.
2. In cases of conflict between clauses of this specification and those in the Indian
Standards, this specification shall govern.
4. Materials
All materials shall be new and shall conform to their respective specifications as specified. The
use of equivalent or higher grade or alternative materials will be considered only in very special
cases subject to the approval of the Engineer / competent authority.
1. Steel
Structural steel shall conform to IS:2062–grade–A (weldable equality)unless specified otherwise
Carbon steel pipes shall confirm to IS: 1161 of grade YST – 24 or higher as per requirement of
structural design.
2. Black Bolts and Nuts
Black bolts, nuts and screws shall be in accordance with IS: 1363, 1364, 1367, 3757, 6623, and
6639 – as applicable.
3. Washers
Washers shall confirm to IS: 2016 or any other relevant IS codes.
4. Welding electrodes
Covered electrodes for metal arc welding shall confirm to IS: 814, IS: 7280 for bare electrodes for
submerged arc welding or IS: 1278 for filler rods and wires for gas welding or any other relevant
codes.
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7. Erection assemblies, identifying all transportable parts and sub – assemblies, associated
with special instructions, if required showing part marks and erection marks.
8. Calculations where asked for approval.
9. Method of erection and Special precautions to be taken during erection.
Issue of fabrication and erection drawings by consultants or review of drawings by Client /
Employer / Consultant shall in no way relieve the contractor of his responsibilities for correctness
in the execution of the work and the contractor shall be required to modify / rectify the structure
at any stage of the work to rectify any mistake / omission in the fabrication drawing and the
fabrication based on this drawing or that the work does not conform to good engineering practices
such modifications / rectification shall be made at no extra cost.
The contractor is required to update the fabrication drawings to include revisions made in design
drawings during the course of work at no extra cost. The contractor shall also supply two prints
of as built drawings, along with their soft copies and transparencies at no extra cost.
4. Workmanship
The workmanship shall be equal to the Standard practice followed in modern structural shop. All
works shall be adequately supervised and care shall be taken to ensure that the structural members
remaining proper position. All similar parts shall be manufactured accurately so that the same
could be interchanged with other parts having same identification marks. Accuracy shall be
maintained during fabrication to ensure that all parts fit together properly during erection.
1. Fabrication
1. All fabrication shall be preferably done in full – fledged workshop. However,
contractor may be allowed to fabricate the structural element at his workshop
nearby and transport the same to the site. This is to be done with prior approval
of Engineer in Charge.
4. The contractor shall prior to starting any fabrication ensures that the fabrication
yard is leveled on firm enough to take weight of structures and equipment.
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5. Any defective fabrication or material pointed out at any stage shall be replaced by the
contractor free of cost.
6. All the fabricated and delivered items shall be suitably packed and protected from any
damage during transportation and handling. Any damage caused at any time shall be made
good by the Contractor at his own cost.
5. Cutting
Machine cutting, flame cutting and planning:
Machine cutting or flame cutting may be allowed to use provided, a mechanically controlled
cutting torch is used for the flame-cutting and the resulting edge is reasonably clean and straight.
Cut members shall be free from distortion at cut edges. When gas cutting is adopted, the flame
cut edges shall be machined to a depth of 3 to 5 mm depending on the thickness of the member.
Chipping of angles, flanges and edges of plates wherever necessary, shall be done without
damaging the parent material. Chipped edges shall be grinded to a neat finish and sharp corners
and hammered rough faces shall be rounded off.
Edge preparation for welding may be done by machine-controlled flame cutting with edges free
of burns, clean and straight.
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The butting surfaces at all joints shall be planned so as to butt in close contact throughout the
finished joint.
All flame – cut edges shall be planned, unless they are clean, square and true to shape.
6. Drilling /Holing
Holes for bolts shall be drilled. All holes, except as stated here under, shall be drilled to the required
size or sub-punched 3mm less in diameter and reamed thereafter to the required size. Thickness
of the materials for sub-punching shall not be greater than 16mm. All matching holes for bolts
shall register with each other so that a gauge of 0.8mm less in diameter than the diameter of the
hole can pass freely through the members assembled for bolting in the direction at right angle to
such members. All holes for turned and fitted bolts shall be drilled undersize by one mm and
after assembly, reamed to a tolerance of +0.13mm / - 0.00mm unless otherwise specified.
No holes shall be made by gas cutting process.
7. Bending
Cold bending of plates, flats, tubes / pipes and sections shall be carried out on bending rolls or in
presses. The methodology for bending along with mock up shall be got approved from Engineer
– in – Charge. In exceptional cases hot bending may be allowed by EIC for higher diameter pipes
provided cold bending is not possible.
Appropriate bending method shall be adopted, so as to avoid wrinkles on surface or distortion of
pipe section etc. If required suitable filler materials shall be used for equitable stress distribution
during bending.
Accuracy of bending operations shall be checked by means of templates and the clearance between
member and template shall be decided by EIC based on the mock-up and good Engineering
practice. Bend member shall not have cracks wrinkles or deep indentations from bending
equipment.
8. Assembly
All parts of bolted and welded members shall be held firmly in position by means of jigs or clamps
while bolting or welding. No drifting of holes shall be permitted except to draw the parts together
and no drift shall be larger than the nominal diameter of bolt. Drifting carried out during assembly
shall not distort the metal or enlarge the holes.
Trial assemblies shall be carried out at the fabrication stage to ensure accuracy of workmanship.
These checks shall be witnessed by the Engineer – in – Charge.
9. Bolting
Bolts shall be grade Class 10.9 (Class Ten point nine). All turned and fitted bolts shall be parallel
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throughout the barrel within the tolerance of 0.125mm unless otherwise specified and faces of
heads and nuts bearing on steel work shall be machined.
All such bolts shall be provided with washers not less than 3mm thick, so that when the nut is
tightened, it shall not bear the unthreaded body of the bolt and the threaded portion of the bolt
should not be within the thickness of the parts bolted together. The threaded portion of each bolt
shall project through the nut by atleast one thread. Square tapered washers shall be provided for
all heads and nuts bearing on leveled surface. Flat washers shall be circular in shape nuts and
washers etc. shall be thoroughly cleaned and dipped in linseed oil.
11. Welding
1. General
Welding of steel shall be in accordance with IS: 800, IS : 816, IS : 817, IS : 4353, IS : 1223 and IS
: 9595 as applicable. Welds shall be made by qualified welders. A Welder shall produce
satisfactory evidence of his ability to do a given type of work and shall prove his ability to product
a connection of the strength required. Evidence of welder’s qualification tests shall be produced
if required by the Engineer – in – Charge. Engineer – in – Charge may reject any welder found
not suitable during actual work. In general, the welders qualification shall be carried out as per
ASME
– Section IX / IS: 817.
Welding wire and electrodes shall be stored separately by quantities and lots inside a dry and
enclosed room and as per instruction given by the Engineer in Charge. Material shall be perfectly
dry and drawn from an electrode oven, if required.
Both the structural members and the welding operators shall be adequately protected from rain,
strong winds or snow during welding. The Contractor shall provide necessary supervision to
ensure that all welding carried out in conformity with the specification and relevant IS codes.
The contractor shall make all necessary infrastructures available such as requisite number of
welding sets, cutting and grinding equipment, test equipment and all consumables as required.
2. Preparation of Members for Welding
Edge preparation of fusion faces for welding shall be carried out as per details given in IS:9595or
as shown in drawings. All tolerances for such weld shall be as per IS :9595.
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Surfaces to be welded shall be cleared to ensure that they are free from loose scales, slag, rust,
grease, paint and other foreign matter, and shall be maintained.
Preheating of members shall be necessary when the base metal temperature (based on ambient
temperature) is less than the temperature required for that welding procedure. Preheating shall
generally be carried out for members having thickness more than 20mm. The preheating shall be
done in such a manner that the part on which weld metal is to be deposited is above the specified
temperature shall be measured on the face opposite to the face being heated. In case access is
limited to only the face being heated, the Source of heat shall be removed and sufficient time
allowed elapsing for heat equalization prior to measurement. (1 minute per 25mm of Plate
thickness).
Column splices and butt joints of compression members shall be accurately ground and close
butted over the entire section to ensure full contact for load transmission. The tolerance for such
work shall be maximum 0.2mm. In the case of column bases and caps the ends of the section
along with connected gussets, stiffeners, angles, channels etc. shall be ground so as to ensure a
minimum contact area of 90%. The fining of angles and channels should be sufficiently accurate
to limit the reduction in thickness on account of grinding to 2mm. The ends of bearing stiffeners
shall be ground so as to fit tightly at top and bottom. Slab bases and cap plates shall be accurately
ground over bearing surfaces to ensure minimum 90% contact area with columns.
3. Welding electrodes
Covered electrodes for metal arc shall confirm to IS : 814, IS : 7280 for bare electrodes for
submerged arc welding or IS : 1278 for filler rods and wires for gas welding or any other relevant
codes.
4. Welding Plant
Welding plant shall be capable of maintaining the voltage and current specified by the
manufacturer of the electrodes. The contractor shall supply instruments for verifying the voltage
and current as and when required by the Engineer.
When an automatic process of welding is adopted, the deposited metal must have mechanical
properties equal to those obtained by the use electrodes complying with IS : 814 or any other
relevant code.
5. Manual Welding
Manual welding shall be carried out by qualified welders equipped with plant suitable for the
purpose. All welders shall be qualified in accordance with IS : 817 / ASME Section IX and details
of such qualification shall be submitted to the Engineer.
6. Welding Processes
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Any one or more of the following welding processes may be used.
1. Manual Metal Arc Welding process.
2. Submerged Arc Welding process.
3. Gas Metal Arc Welding process.
The contractor shall submit the welding procedure and the consumables proposed to be used to the
Engineer–in–Charge for approval. Combination of processes or electrodes may be permitted only
with the specific approval of the Engineer – in –Charge.
1. Sequence of Welding
1. The direction of welding shall be horn points relatively fixed with respect to each other
towards points having more flexibility.
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2. Welding shall be carded out continuously to completion with the required
number of runs.
3. For compound section splices, each component part shall be spliced prior to welding with
other component parts.
4. Welds shall progress in a sequence that will balance the applied heat so as to reduce
distortion.
5. Joints having more shrinkage shall be welded prior to joints having less shrinkage.
6. The sequence causing minimum distortion or shrinkage shall be chosen.
1. Welding Technique
The fusion faces shall be properly aligned and the gap set to the distance specified. The root pass
of butt joint shall be done such that full penetration is achieved as also complete fusion of root
edges.
On completing each run the weld and the parent metal shall be cleared by wire brushing and light
chipping to remove all slag and splatters. Visible defects, if any such as cracks, cavities etc. shall
be removed to sound metal prior to depositing subsequent run of weld.
All full penetration butt weld shall be completed by gouging / chipping the back of the joint and
depositing a seal run of weld metal. Alternatively, a backing strip shall be provided.
All care shall be taken to prevent any kind of movement, shock or vibration of components during
welding to prevent weld cracks.
Low hydrogen electrodes shall be used for all welding of girders with thickness of plates equal to
or more than 20mm.
2. Workmanship of welding
The general welding programme for shop and site welds, including particulars of the preparation
of fusion faces, pre-heating where required and method of making welds shall be submitted in
writing to the Engineer for approval before the work is put in hand. No departure from the
welding programme shall be made without the prior approval of the Engineer.
In the fabrication of built up assemblies all butt welds in each component part shall be completed
before the final assembly. Wherever practicable, clamps, magnets, holding devices or other
setting- up fixtures shall be used in assembling parts of the structures so as to avoid tack welding
as far as possible.
In fit-up where clamps cannot be used, spacer strips shall be used to ensure the correct root gap.
Where tack welds are used, they shall be of the same quality and size as the first run of main weld.
All tack welds shall be cleaned and ground to sound material prior to welding of the root pass.
The main weld shall fuse completely with the end of the tack weld to form a regular profile.
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Where preheat is required for the main welds, the tack welds shall be made under the same heat
conditions. The indiscriminate use of tack welds during assembly shall be avoided.
All welds shall be visually inspected. Cracked or badly formed welds shall be cut out to the
approval of the Engineer before re-welding them.
As far as practicable, all welding shall be carried out in the down hand position.
Where structural steel work is painted before fabrication or erection, the metal surface within
75mm of any weld shall be coated with primer only.
3. Weld Inspection
All facilities for stage in section during welding and on completion shall be provided by contractor.
All testing shall be as per IS: 822 and the extent of inspection and testing shall be in conformity
with the relevant or as directed by Engineer in Charge. The contractor shall extend all facility
required to inspect all stages of fabrication and erection including welding procedure
qualification. No painting of welds shall be undertaken prior to inspection and approval. All the
tests required to be carried out shall be paid for by the contractor.
One or more of the following methods will be applied for the inspection and testing of welds. The
various types of tests shall be:
1. Visual Inspection
100% welds shall be visually inspected to ascertain absence of the following defects. Suitable
magnifying glass may be used for inspection.
1. Surface cracks in weld or parent metal, or undercut, burning, overheating of parent
metal. ii. Blow holes, exposed porosity in the weld or infused welds.
1. Defects in the profile such as excessive convexity or concavity, unequal leg lengths,
incompletely filled grooves excessive penetration beds, root grooves etc.
2. Liquid Penetrant Test (LPI) shall be carried out for inspection of surface defects in the welds
per IS 3658.
1. Repairs of Welds
Welds not meeting the requirements of the specification and IS codes shall be removed and
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replaced. Repairs to defective welds shall be carried out only after the repair procedure submitted
is approved by the Engineer – in – charge.
2. Splicing
In compound sections, splicing of components shall be staggered with respect to each other by a
minimum of 500mm. When two parts of a component are not butt welded to each other, the
opposing ends at a joint shall be ground flush for bearing and suitable flange and web splice
plates shall be designed to cater for the full strength of the flange / web of the sections.
In case full strength butt weld is used to connect opposing ends at a joint, additional flange and
web splice plates shall be provided capable of carrying 20% strength of the flange and web.
1. Shop Erection
The steel work shall be temporarily erected in the shop to determine the accuracy of the fit. The
extent of erection shall be either complete or as directed by Engineer in charge.
2. General Inspections and Testing of Structures
Materials and workmanship at all times shall be subject to inspection by the Client / Employer. All
inspection as far as possible shall be made at the place of fabrication and the contractor shall co-
operate with the Client / Employer Inspector and permit access for inspection to all places where
work is being done. The contractor shall supply all necessary gauges and templates necessary for
inspection. However, such in section shall not relieve the contractor of his responsibility to
furnish satisfactory work.
Materials of workmanship, not conforming to provisions of the specifications may be rejected at
any time when defects are found during the progress of work.
The contractor shall obtain approval from the Engineer–in-charge of all fabricated items prior to
commencement of their erection. However, any such approval shall not absolve the contractor
from his responsibility of correctness and workmanship of the entire work.
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the satisfaction of the Engineer.
2.Scope of erection work
The contractor shall provide all construction material and equipment, transport facilities, tools,
tackles, consumables, labour, supervision for erection, including carrying out the following:
Receiving, unloading, checking and moving into the storage facility at site, as outlined under
General Conditions of contract inclusive of attending to all insurance matters in respect of
materials arriving at site.
Transporting from site, storage, handling, rigging, assembling, riveting, bolting, welding, and
installation of all fabricated materials in proper location according to drawings or as directed by
the Engineer.
Checking center lines, levels of all foundations blocks including checking line and level, position
and plumb of all bolts and pockets. Any defects observed in the foundation shall be brought to
the notice of the Engineer. The contractor shall satisfy himself regarding the correctness of the
foundations before installing the fabricated structures on the foundation blocks. Aligning,
levelling, riveting, bolting, welding, fixing in position of fabricated materials shall be done in
accordance with drawings or as directed by the Engineer.
Supply of all required consumables, construction and erection materials, including but not limited
to gauges, welding /brazing, rods, electrodes and wires, oxygen, acetylene, fuel, bolts, nuts,
rivets, shims and temporary supports etc. as required for the incidental works and for the
completion of erection.
Erection/Launching shall also include the following work:
5. All minor modification such as:
6. Removal of bends, kinks, twists etc. of parts damaged during transport and handling. XIII.
Cutting, chipping, filling, grinding etc. for preparation and finishing of site connections.
1. Reaming for use of the next higher size of rivet or bolt for holes which do
not register or which are found to be damaged.
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6. Plug-welding and re-drilling of holes which do not register and which cannot be
reamed for the use of next size of rivet or bolt.
7. Drilling of holes which are either not drilled at all or are drilled in incorrect positions
during fabrication.
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1. Setting Out
The contractor shall be responsible for checking the alignment and levels of foundations, correctness of
foundation-bolt centers, their projected height above the foundation tops, the length of threading
provided and the provision and fitment of nuts for the foundation bolts. These shall be checked well in
advance of starting the erection work and the contractor shall be responsible for any consequences for
non-compliance thereof. Discrepancies, if any, shall immediately be brought to the notice of the
Engineer for his advice.
One set of reference axes and one Benchmark level will be furnished to the contractor. These shall be
used by him for the setting out operation.
The contractor shall assume full responsibility for the correct setting out of all steelwork and erecting it
correctly as per the alignment and levels shown on the drawings and for the verticality of members.
Not with standing any assistance rendered to the contractor by the Engineer, if at any time during the
progress of the work any error should appear or arise therein, the contractor shall remove and amend
the work to the satisfaction of the Engineer, at his own cost.
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3. Tolerances
Erection tolerances shall be provided strictly in accordance with the requirements of IS: 7215.
4. Field Connections
5. Field Bolting
This shall be carried out with the same care as shop bolting.
8. Field Welding
Field Welding after field assembly shall follow the same requirements as laid down for shop assembly
and stop welding.
9. Grouting
Prior to erecting the steelwork over concrete pedestals, columns or brackets, the top of concrete shall be
cleared with wire brushes, chipping and compressed air to remove all laitance and loose material and
made thoroughly wet. The structural member shall then be erected aligned and plumbed with the base
plates as shoe plates maintained as specified levels using shims/ pack plates or wedges.
After the structure is erected, formwork shall be done all around and the joints sealed to be water tight.
The Grout under the base plates, including in pockets and sleeves shall be ordinary grout or non-shrink
grout as specified in drawings. Non-shrink grout shall be of premix type and shall be prepared as per
manufacturer’s instruction; Non shrink grout shall be of quality and type approved by Engineer – in –
charge.
The grout shall be poured in by grout a pump continuously from one side till the intervening space is
filled completely and the grout is carried to the far side of base plate. The grout shall be spread with
flexible steel strips and rammed with rods to ensure the gap is filled completed.
After the grout has sufficiently hardened the shims / pack / wedges which are accessible may be removed
and anchor bolts tightened. The alignment of the structure shall be rechecked and the voids left by
removal of the shims / pack plates / wedges shall be filled with a similar mix of grout. In case the
structure is not properly aligned the grout shall be removed the structure re-aligned and grouting
operation repeated.
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CONCRETE – REQUIREMENTS FOR DESIGN MIXES
1. Suitability of Proposed Design Mix Proportions
1. The Contractor shall submit for the Engineer’s approval, prior to the supply of any design mix,
the following information for each grade and type of concrete in the Contract in following manner.
EITHER
In cases where the Contractor proposes to use a continuing concrete source of an approved ready-mixed
concrete source, evidence of satisfactory previous performances for target mean strength, workability
and water/cement ratio in accordance with Clause 1704.2 of MORT&H Specifications.
OR
Full details of design and trial mixes as per Clause 1704.3 of MORT&H Specifications.
2. Design Mixes from a Continuing Source
When mixes have been proposed from a continuing source for which the necessary test results are
available and for a batching installation which has been operated for a sufficient period (not less than
2 months) then the required cube strength results to be adopted shall meet the requirements given in
Clause 1706.9
1. The mean strength calculated from ‘n’ cube results from separate batches of concrete shall
exceed the specified characteristic strength by a margin equal to
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2. A potential mix design shall first be subjected to preliminary testing on one batch. The mix
proportions shall be adjusted to achieve the maximum density from available materials. If this
preliminary batch achieves cube strengths which exceed the characteristic strength by an acceptable
margin (an assessment based on 7 day strengths may be accepted) at the specified free water cement
ratio and produces concrete of the required workability and even consistency, the mix may be prepared
for trial mix analysis. If the batch fails the Contractor shall experiment with the mix proportions and
submit another design.
3. That batches shall be prepared under strictly mentioned conditions in the presence of the
Engineer Materials shall be typical of the prospect supply and special care must be taken in record
aggregate moisture contents and to achieve the required free water content. These separate trial batches
shall be made using the proposed design mix. The batches shall be determined and six cubes made
from each batch, three cubes for testing at 28 days and a further time cubes for testing at 7 days as a
quality control guide.
4. These requirements to perform trial mixes may be relaxed by the Engineer upon production of
satisfactory evidence of trial mixes previously approved with the same materials used in the same
proportions.
1. Acceptance
2. The specified free water cement ratio (Table 17/4) is not exceeded.
3. The requirements of Clauses 1702.3, 1703.4, 1703.5, 1703.6, 1703.7 and 1703.8 are satisfied, in
addition to :
The requirements of clause 1704.2 or For trial mixes the mean strength of the nine cubes tested at 28
days exceeds the specified characteristic strength by not less than 10 N/mm². The range of individual
cube strength shall not be more than 15% of the mean strength.
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4. All constituent materials conform to the present specification. Any change in the mix proportions
(except changes in cement content of not more than 20 kg/m³), alterations in source grading type or
size of material shall be subject to the Engineer’s prior approval.
Method Statements
Method statements shall be approved before any concrete is placed and any alteration in the source or
quality or proportioning of any of the materials in the mix will necessitate a new method statement
which must be submitted to the Engineer for his approval
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SECTION 11
FRAUD AND CORRUPT PRACTICES
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FRAUD AND CORRUPT PRACTICES
• The Applicants and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process. Notwithstanding anything to the
contrary contained herein, the Authority may reject an application without being liable in any
manner whatsoever to the Applicant if it determines that the Applicant has, directly or
indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Bidding Process.
• Without prejudice to the rights of the Authority under relevant Clause hereinabove, if an
Applicant is found by the Authority to have directly or indirectly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice during the Bidding Process, such Applicant shall not be eligible to
participate in any tender or RFQ issued by the Authority during a period of 2 (two) years from
the date such Applicant is found by the Authority to have directly or indirectly or through an
agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as the case maybe.
• For the purposes of this Clause, the following terms shall have the meaning hereinafter
respectively assigned to them:
A. “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence the actions of any person connected with the Bidding Process
(for avoidance of doubt, offering of employment to, or employing, or engaging in any manner
whatsoever, directly or indirectly, any official of the Authority who is or has been associated in
any manner, directly or indirectly, with the Bidding Process or the LOA or has dealt with matters
concerning the Concession Agreement or arising there from, before or after the execution thereof,
at any time prior to the expiry of one year from the date such official resigns or retires from or
otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing
the actions of a person connected with the Bidding Process);or
save and except as permitted under the relevant sub clause, engaging in any manner whatsoever,
whether during the Bidding Process or after the issue of the LOA or after the execution of the
Concession Agreement, as the case may be, any person in respect of any matter relating to the
Project or the LOA or the Concession Agreement, who at any time has been or is a legal, financial
or technical adviser of the Authority in relation to any matter concerning the Project;
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D. “Undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the Authority with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of
Interest; and
F. If the Employer/Financier determines that the Contractor has engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices, in competing for or in executing the Contract, then
the Employer may, after giving 14 days’ notice to the Contractor, terminate the Contractor's
employment under the Contract and expel him from the Site, and the provisions of relevant Clause
shall apply as if such expulsion had been made.
G. Should any employee of the Contractor be determined to have engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practice during the execution of the Works, then that employee
shall be removed in accordance with relevant Clause.
ii. “Another party” refers to a public official acting in relation to the procurement process or
contract execution. In this context, “public official” includes Financer staff and employees
of other organizations taking or reviewing procurement decisions.
iv. “Collusive practice” is an arrangement between two or more parties designed to achieve
an improper purpose, including to influence improperly the actions of another party.
viii. “party” refers to a public official; the terms “benefit” and “obligation” relate to the
procurement process or contract execution; and the “act or omission” is intended to influence
the procurement process or contract execution.
ix. “Parties” refers to participants in the procurement process (including public officials)
attempting to establish bid prices at artificial, non-competitive levels.
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SECTION 12
PRE-BID MEETING
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PREBID MEETING
Pre-bid meeting of the interested parties shall be convened at the designated date, time and place.
A maximum of three representatives of each Applicant shall be allowed to participate on
production of authority letter from the Applicant.
During the course of Pre-bid meeting, the Applicants will be free to seek clarifications and make
suggestions for consideration of the Authority. The Authority shall Endeavour to provide
clarifications and such further information as it may, in its sole discretion, consider appropriate
for facilitating a fair, transparent and competitive Bidding Process.
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SECTION 13
LIST OF APPROVED BANKS
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LIST OF APPROVED BANKS
1. The following Banks with their branches in Greater Mumbai and in suburbs and extended
suburbs up to Virar and Kalyan have been approved only for the purpose of accepting Banker’s
guarantee from 1997-98 onwards until further instructions.
2. The Bankers Guarantee issued by branches of approved Banks beyond Kalyan and Virar can
be accepted only if the said Banker’s Guarantee is countersigned by the Manager of a branch of
the same Bank, within the Mumbai Limit categorically endorsing thereon that said bankers
Guarantee is binding on the endorsing Branch of the bank within Mumbai limits and is liable to
be on forced against the said branch of the Bank in case of default by the contractor/supplier
furnishing the bankers Guarantee. IDBI Bank BG not acceptable as per circular CA-FBK-241
dated 27.11.2019.
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2 Bank Of Rajasthan Ltd.
3 Banaras State Bank Ltd.
4 Bharat Overseas Bank Ltd
5 Catholic Syrian Bank Ltd.
6 City Union Bank Ltd.
7 Development Credit Bank.
8 Dhanalakshmi Bank Ltd.
9 Federal Bank Ltd.
10 Indsind Bank Ltd.
11 I.C.I.C.I Banking Corporation Ltd.
12 Global Trust Bank Ltd.
13 Jammu & Kashmir Bank Ltd.
14 Karnataka Bank Ltd.
15 KarurVysya Bank Ltd.
16 Laxmi Vilas Bank Ltd.
17 Nedugundi Bank Ltd.
18 Ratnakar Bank Ltd.
19 Sangli Bank Ltd.
20 South Indian Bank Ltd.
21 S.B.I Corporation &Int Bank Ltd.
22 Tamilnadu Mercantile Bank Ltd.
23 United Western Bank Ltd.
24 Vysya Bank Ltd.
D Schedule Urban Co-op Banks
1 Abhyudaya Co-op Bank Ltd.
2 Bassein Catholic Co-op Bank Ltd.
3 Bharat Co-op Bank Ltd.
4 Bombay Mercantile Co-op Bank Ltd.
5 Cosmos Co-op Bank Ltd.
6 Greater Mumbai Co-op Bank Ltd.
7 JanataSahakari Bank Ltd.
8 Mumbai District Central Co-op Bank Ltd.
9 Maharashtra State Co-op Bank Ltd.
10 New India Co-op Bank Ltd.
11 North Canara G.S.B. Co-op Bank Ltd.
12 Rupee Co-op Bank Ltd.
13 Sangli Urban Co-op Bank Ltd.
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14 Saraswat Co-op Bank Ltd.
15 ShamraoVithal Co-op Bank Ltd.
16 Mahanagar Co-op Bank Ltd
17 Citizen Bank Ltd.
18 Yes Bank Ltd.
E Foreign Banks
1 ABM AMRO (N.Y.) Bank.
2 American Express Bank Ltd.
3 ANZ Grindlays Bank Ltd.
4 Bank Of America N.T. & S.A.
5 Bank Of Tokyo Ltd.
6 Bankindosuez.
7 BanqueNationale de Paris.
8 Barclays bank.
9 City Bank N.A.
10 Hongkong& Shanghai banking Corporation.
11 Mitsui Taiyokbe Bank Ltd.
12 Standard Chartered Bank.
13 Cho Hung Bank
Note: IDBI Bank BG will not be applicable as per the circular no. CA/FBK/303 dt. 17/03/18.
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SECTION 14
APPENDIX
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FORM OF TENDER
To,
Sir,
I/ We have read and examined the following documents relating to the construction of
1A.I/We
(full name in capital letters, starting with surname), the Proprietor/ Managing Partner/
Managing Director/ Holder of the Business, for the establishment / firm / registered company,
named herein below, do hereby offer
to ……………………………………………………………………………………………
………………………………………………………………………………………………
……………………………………………………………………………………………
Referred to in the specifications and schedule to the accompanying form of con-tract of the
rates entered in the schedule of rates sent herewith and signed by me/ us” (strike out the
portions which are not applicable).
1B. I/We do hereby state and declare that I/We, whose names are given herein below in details
with the addresses, have not filled in this tender under any other name or under the name of
any other establishment /firm or otherwise, nor are we in any way related or concerned with
the establishment /firm or any other person, who have filled in the tender for the afore said
work.”
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2. I/We hereby tender for the execution of the works referred to in the aforesaid documents, upon
the terms and conditions, contained or referred to therein and in accordance with the
specification’s designs, drawings and other relevant details in all respects.
I/We have deposited the amount through online payment gateways with the C.E. of the
Corporation not to bear interest
4. I/We hereby request you not to enter into a contract with any other person/s for the execution
of the works until notice of non/acceptance of this tender has first been communicated to me/us,
and in consideration of yours agreeing to refrain from so doing I/we agree not to withdraw the
offer constituted by this tender be-fore the date of communication to me/us of such notice of
non/acceptance, which date shall be not later than ten days from the date of the decision of the
Standing Committee or Education Committee of the Corporation, as maybe required under the
Mumbai Municipal Corporation Act, not to accept this tender.(Subject to condition 5below).
5. I/We also agree to keep this tender open for acceptance for a period of 180 days from the date
fixed for opening the same and not to make any modifications in its terms and conditions which
are not acceptable to the Corporation.
6. I/We agree that the Corporation shall, without prejudice to any other right or remedy, be at
liberty to forfeit the said earnest money absolutely, if.
b. I/We fail to execute the formal contract or make the contract deposit when called upon to
do so.
c. I/we do not commence the work on or before the date specified by the Engineer in his work
order.
7. I/We hereby further agree to pay all the charges of whatsoever nature in connection with the
preparation, stamping and execution of the said contract.
8. I/We further agree that, I/we shall register ourselves as ‘Employer’ with the Bombay Iron and
Steel Labour Board’ and fulfill all the obligatory provisions of Maharashtra Mathadi, Hamal
and other Manual workers (Regulation of Employment and Welfare) Act 1969 and the Bombay
Iron and Steel unprotected workers Scheme1970.
with full knowledge of liabilities and, therefore, we will not raise any objection or dispute in
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any manner relating to any action, including forfeiture of deposit and blacklisting, for giving
any information, which is found to be incorrect and against the instructions and directions
given in this tender.
10. “I/We further agree and undertake that in the event it is revealed subsequently after the
allotment of work/contract to me/us, that any information given by me/us in this tender is false
or incorrect, I/We shall compensate the Municipal Corporation of Greater Mumbai for any
such losses or inconvenience caused to the Corporation in any manner and will not resist any
claim for such compensation on any ground whatsoever. I/we agree and undertake that I/we
shall not claim in such case any amount by way of damages or compensation for cancellation
of the contract given to me/us or any work assigned to me/us or is with-drawn by the
Corporation,”
………………………………….
…………………………….……
1.……………………………………………….
2.……………………………………………….
3.……………………………………………….
4.……………………………………………….
5………………………………………………..
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AGREEMENT FORM
1) In this agreement words and expressions shall have the same meanings as are respectively
assigned to them in the General Conditions of Contract for works hereinafter referred to: -
2) The following documents shall be deemed to form and be read and constructed as a part
of this agreement viz.
a) The letter of Acceptance
b) The Bid:
c) Addendum to Bid; if any
d) Tender Document
e) The Bill of Quantities:
f) The Specification:
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g) Detailed Engineering Drawings
h) Standard General Conditions of Contracts (GCC)
i) All correspondence documents between bidder and BMC
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Full Name
Address Contractors
(Director (ES&P)
1. 1.
2. 2.
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ANNEXURE '' A ''
Name of work: Structural Strengthening and Repairs of Andheri Flyover on WEH, Andheri (East)
4. Percentage to be charged as supervision charges for the work got executed through other
means- 10percent.
The “Actual cost of the work” shall mean in the case of percentage rate contracts the actual
cost of the work executed at the rates as mentioned in the Contract Schedule adjusted by the
Contractor's percentage rate and cost of extra and excess but excluding the cost on account
of Water Charges and Sewerage Charges if any, payable by the contractor and also excluding
cost on account of price variation claims as provided in price variation clause as amended up
to date.
1. In case of item rate contracts, the actual cost calculated for the work executed at the rates
mentioned in the contract schedule for different items including cost of excess and extra
items of the work excluding the cost of water charges and sewerage charges if any, payable
by the contractor and excluding cost on account of price variation claims as provided in extra
excess conditions as amended up to date.
2. In case of lump sum contract the cost of the work actually carried out as per break up and
program of the work and the schedule of payment included in the contract including cost of
any excess and/or extra items, of the work, excluding the cost on account of water charges
and sewerage charges and also excluding cost on account of price variation claims as
provided in extra excess conditions as amended up to date.
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Annexure- B
The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of his bid or during any pre-contract or post- contract
stage in order to secure the contract or in furtherance to secure it and in particular commits himself
to the following: -
1. The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration,
reward, favor, any material or immaterial benefit or other advantage, commission, fees,
brokerage or inducement to any official of the BMC, connected directly or indirectly with
the bidding process, or to any person, organization or third party related to the contract in
exchange for any advantage in the bidding, evaluation, contracting and implementation of
the Contract.
2. The Bidder further undertakes that he has not given, offered or promised to give, directly
or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial
benefit or other advantage, commission, fees, brokerage or inducement to any official of
the BMC or otherwise in procuring the Contract or forbearing to do or having done any
act in relation to the obtaining or execution of the Contract or any other Contract with the
Government for showing or forbearing to show favor or disfavor to any person in relation
to the Contract or any other Contract with the Government.
3. The Bidder will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.
4. The Bidder will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
5. The Bidder, either while presenting the bid or during pre-contract negotiations or before
signing the contract, shall disclose any payments he has made, is committed to or intends
to make to officials of the BMC or their family members, agents, brokers or any other
intermediaries in connection with the contract and the details of services agreed upon for
such payments.
6. The Bidder shall not use improperly, for purposes of competition or personal gain, or pass
on to others, any information provided by the BMC as part of the business relationship,
regarding plans, technical proposals and business details, including information contained
in any electronic data carrier. The Bidder also undertakes to exercise due and adequate
care lest any such information is divulged.
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7. The Bidder commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
8. The Bidder shall not instigate or cause to instigate any third person to commit any of the
actions mentioned above.
9. The Bidder and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process. Notwithstanding anything to the
contrary contained herein, the Authority may reject an application without being liable in
any manner whatsoever to the Applicant if it determines that the Applicant has, directly
or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Bidding Process.
For the purposes of this Clause 9, the following terms shall have the meaning herein
after respectively assigned to them:
c. “undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the Authority with the objective of canvassing, lobbying or in
any manner influencing or attempting to influence the Bidding Process; or (ii) having a
Conflict of Interest; and “restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among Applicants with the objective of restricting or
manipulating a full and fair competition in the Bidding Process.
Signature of Tenderer/Bidder
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Annexure- C
(On Rs. 500/- Stamp Paper)
3. I declare that I have perused and examined the tender document including addendum,
condition of contract, specifications, drawings, bill of quantity etc. forming part of tender and
accordingly, submit my offer to execute the work as per tender documents at the rates quoted by
me incapacity as of .
4. I further declare that if I am allotted the work and I failed to carry out the allotted work
accordance with the terms and conditions and within the time prescribed and specified, BMC is
entitled to carry out the work allotted to me by any other means at my risk and cost, at any stage
of the contract.
5. I also declare that I will not claim any charge/damages/compensation for non-availability of
site for the contract work at any time.
6. I declare that I will positively make the arrangements of the required equipment on the day
of commencement or with respect to the progress of the work in phases, as per the instructions of
site in-charge
Signature of Tenderer/Bidder
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BANKERS GURANTEE IN LIEU OF CONTRACT DEPOSIT
WITNESS (1)
Name and
Address
WITNESS (2)
Address
WITNESS (1)
Name and
Address
WITNESS (2)
Name and
For Messer’s
Address
have here into set their respective hands the day and year first above written.
The amount shall be inserted by the Guarantor, representing the Contract Deposit in Indian
Rupees.
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Annexure- D
Rate Analysis
Item Description
Sr. Description of rate Unit Quantity Basic Basic GST GST Amount Remark
No. analysis parameters. Rate Amount Percentage Amount Including s
GST
1 Basic Material (Rate
should be
inclusive of all taxes)
2 Machinery Hire
Charges
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PROFORMAS:
PROFORMA-I
The list of similar works as stated in para ‘A’ of Post qualification during last seven years–
PROFORMA- I
Sr. Name of the Name of the Stipulated date Actual date of Actual Cost of
No. Project employer of completion completion work done
1 2 3 4 5 6
NOTE:
Scanned Attested copies of completion/performance certificates from the Engineer-in-Charge for
each work should be annexed in the support of information furnished in the above proforma.
Works shall be grouped financial year-wise.
PROFORMA- II
Yearly turnover of Civil Engineering Construction Works during the last five years
PROFORMA- II
Sr. Financial year Annual Turnover Updated Average PageNo.
No. of Civil value to of last
Engineering current year 5years
Works
Total
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NOTE: The above figures shall tally with the audited balance sheets uploaded by the tenderers
duly certified by Chartered Accountant.
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PROFORMA- III
PROFORMA-III
Name of Name of Cost of Date of Stipulated Actua Actual Remarks
the The the issue Date of l Date cost of explaining
Project Employe Project of Completio Of work reasons
r work n Completion done for
Order delay, if any
1 2 3 4 5 6 7 8
2 Quality Control
Engineer
3 Site Engineer
4 Site Supervisor
NOTE: Scanned Attested copies of qualification certificates and details of work experience
shall be submitted /uploaded.
PROFORMA-V/B
Sr. No. Equipment Number. Owned
1 2 3 4
Note: The tenderer(s) shall furnish/upload the requisite Scanned Attested documents of
ownership/leased of machineries. The undertaking from the suppliers will not be accepted.
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PROFORMA- VI/A
Details of Existing Commitments and ongoing works –
PROFORMA-VI/A
Description Place. Contract Name and Value of Scheduled Value of Anticipated
of work. No. & Date. Address of Contract date of work date of
Employer in Rs. completion remaining completion
to be
completed
1 2 3 4 5 6 7 8
PROFORMA - VI / B
Details of works for which bids are already uploaded –
PROFORMA-VI/B
Description Place. Name & Value of Time Date on which Remarks.
of work. Addresses of Contract Period decision is
employee in Rs. expected.
1 2 3 4 5 6 7
Note: Scanned Attested copies of certificates from the Engineer-in-charge for each work shall
beannexed.
PROFORMA – VII
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SECTION 15
SPECIAL CONDITIONS OF CONTRACT
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15. SPECIAL CONDITIONS OF CONTRACT
15.1 BMC shall not be responsible for providing the sites for dumping ground and in the event
dumping ground is not able to be made available by BMC, the bidder shall have to arrange own
dumping arrangement for which no any cost will be paid by BMC. Nevertheless, BMC reserves
its rights to use surplus excavated materials for its own use anywhere in BMC limits.
15.2 i) All material required for the work can be stacked near the site of work in such manner so
as not to cause any inconvenience to the pedestrian and vehicular traffic. If no space is available
on site, then tenderer shall make his own arrangement for stacking of material etc. No extra
payment will be made on this account.
ii) The surplus excavated material from the site shall be removed free of cost to the Municipal
dumping ground within 24 hours, as directed. The necessary tipping charges at the dumping
ground, as applicable, shall be borne by the contractor.
iii) The royalty charges in respect of excavated material shall be paid by the contractors to the
collector as and when asked for.
iv) The contractor should note that during the execution of the work, debris etc. dumped on the
public streets/places will have to be removed immediately after completion of the work as per
direction of the Engineer, failing which the same will be got removed at their risk and cost.
v) The site shall be cleared by removal of surplus material on or before 15th of May every year.
vi) The policy’s circulars are issued by BMC from time to time related to various
clauses/conditions of bid documents shall remained applicable. The BMC reserves the right
of its applicability for the particular work.
All the excavated material belongs to the Municipal Corporation of Greater Mumbai and
therefore shall be the property of Municipal Corporation of Greater Mumbai. It will be mandatory
on the part of contractor to use this material in the execution of works under contract if the quality
of material available is as per the specification and rest of quality wise unutilized material shall
be removed as directed by Engineer.
All the excavated and surplus material on site shall be disposed by means of transportation or as
directed by the Engineer on the cost of contractor. No additional / separate payment will be made
to contractor, as per circular under No. MGC/F/7867 dated 12.10.2015.
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(b) Royalty Payment on excavated material as per statutory requirement:
The contractor shall pay necessary royalties and submit documentary evidence of such payments
to the engineer for his information and records. If and when royalties become payable to the
government authority on excavated material as per statutory requirements, the payment shall be
made by the contractor.
15.4 If the contractor excavates certain portion of the bridge carriageway and fails to reinstate.
The same within the stipulated time limit, as per the programme and or before 31st of May, the
reinstatement will be got carried out at contractor’s risk and cost through other agency in addition
to further penal action.
15.5 All trenches taken in connection with the work should be sufficiently barricaded, as
specified.
15.6 The noise level shall be maintained within the permissible limit in Silence zone area during
the construction activities by the Contractors, as per the notification dated 14.2.2000, issued by
the Ministry of Environment &Forests.
15.7 Permissions:
15.7.1 The contractors will have to obtain permission from the traffic police department well in
advance either for closing down the bridge carriageway partially/fully or for diversion of traffic
for execution of the work. The work may be required to be executed in phases as per traffic police
permission. The contractors should therefore consider this factor while quoting.
15.7.2 The contractor shall have to obtain all the permissions of the concerned authorities outside
BMC required for carrying out the work. Only recommendatory letters will be issued by BMC.
15.8. The contractors will be given 12 mm. dia. or 20 mm. dia. (as per the conditions of H.E.)
water connection for drinking purposes. Extra water required for construction purposes will have
to be brought by the contractors at his own cost and no extra claims on this behalf will be
entertained.
15.9 Methodology of the work, safety manual and quality assurance plan shall be submitted
before commencement of the work with copy at each site office.
15.10 Quantities of all items provided in the B.O.Q. may not be required to be executed
depending upon the site conditions. The tenderer shall not be entitled for any compensation on
this account. Before starting the work, contractor shall consult with the Site Engineer and shall
take actual measurements on the site for procurement of material.
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15.11 The contractor shall procure all material required for the work from manufacturers with
I.S.I. certificates and according to M.C.G.M. specifications wherever applicable.
15.12 Corporation will appoint a consultant for quality audit, during execution period. The
contractor will extend all help in carrying out any survey; test etc. as directed and adverse decision
there of including rectification shall be carried out by the contractors at their cost.
15.13 The Engineer not below the rank of Assistant Engineer is entitled to impose a penalty of
Rs.2500/- per day per lapse for each defective work/lapse, disobedience of orders by the officer
not below the rank of site Engineer. Penalty amount will be recovered from contractors running
bill. This penalty is over and above Penalty mentioned under G.C.C. enforced.
If it is observed that, the contractor carrying out the work fails to comply with the instructions
given by the authorities of the A.C./Ch.E(Br)/ DMC (Infra)/Zonal
DMC/Dir.(ES&P)/A.M.C./M.C.'s level during execution of work twice, the work may be
terminated and will be carried out at the risk and cost of the contractor and penal action will be
taken against them. This decision will not be arbitral at all.
The above-mentioned condition will be in addition to the relevant condition in the General
Condition of contract regarding cancellation of contract in full or partly final decision of disputes,
difference of claims raised by the contractor or relating to any mater out of contract.
In addition to any penal action under the GCC of Individual contracts, a registered contractor will
be liable under the registration Rule to one or more of the following penalties as per the procedure
laid down in the “Rules Governing registration of Contractor/s for Civil, Mechanical, Electrical
and Electronics Engineering works, 2016” of BMC:
I. Warning
II. Fine
III. Demotion
VI. Debarring
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I. WARNING /FINE
iv. For the first default of any type mentioned above, a warning letter / notice will be issued by
competent authority i.e. defined under Engineer of the project / work. For each subsequent default
of the types in (a), (b) & (c) above, the penalty will be imposed to the contractor as per the
penalties mentioned in the contract document under general condition of contract or special
condition of contract. Higher amount of fine may be levied by the competent authority i.e. defined
under Engineer of the Project / work, for the reasons to be recorded.
II. DEMOTION
A Contractor/s is liable to be demoted to one lower class of registration on one or more of the
following grounds -
iii. Repeated failure to properly fill in tender document/s, fully and correctly or delay in execution
of formal contract documents
Note: Demotion from the lowest class of registration will amount to banning / de-registration of
registration for the period specified. In such cases, the registration of the contractor/s will stand
restored after the period of demotion / banning / de-registration.
ii. If the proprietor of the firm, its employee, partner or representative is convicted by a court of
law following of investigation or under normal process of law for offences involving moral
turpitude in relation to business dealings viz. Conviction by court of law,
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iii. If there is strong justification for believing that the proprietor or employee, or representative
of the firm has been guilty of malpractices such as bribery, corruption, fraud substitution of
enders, interpolation, misrepresentation, evasion or habitual default in payment of any tax levied
bylaw,
iv. If the firm continuously refuses to return BMC or State Govt. dues without showing adequate
cause, and BMC is satisfied that this is not due to a reasonable dispute which would attract
proceedings in arbitration or court of law,
v. If the firm employs a BMC or State Govt. servant, dismissed / removed on account of
corruption, or employs a non-official convicted for an offence involving corruption or abetment
of such an offence, in a position where he could corrupt Govt. Servants,
vi. Persistent and intentional violation of important conditions of contract. Not attaining required
quality of work and non-execution of works as per terms and conditions of contract. Constant
non-achievement of milestone on insufficient and imaginary grounds and non- adherence to
quality specifications despite being pointed out,
vii. An attempt to cheat BMC, an attempt to secure a contract through unfair means or bringing
to bear outside influence, an attempt to secure unauthorized copies of Municipal records and
documents in relation to any tender / contract or any other official matter, an attempt to tamper
with Municipal record and documents, threatening, misbehaving with or physical attack on any
Municipal employee/Officer,
viii An attempt to instigate or collude with other contractor/s with a view to securing undue
advantage,
ix. Any of the grounds mentioned in clause Demotion, if it is deemed serious enough.
i. Whenever any Show Cause Notice is issued to the contractor calling for the explanation on
lapses by him, the registration of contractor/s may be banned / suspended up to the arrival of final
outcome of the said Show cause notice, depending on the seriousness of the reasons for which
show cause notice is issued.
ii. Show cause notice shall be issued by the officer not below the rank of Executive Engineer in
charge of the concerned work / project of BMC
iii. Director (E. S. & P.) or concerned Deputy Municipal Commissioner is the competent
authority to ban / suspend the registration pending inquiry in such cases.
iv. Circular of Banning / suspension of registration till further orders shall be circulated to all
departments of BMC by Head of the executing department i.e. Chief Engineer of concerned
department / Assistant Commissioner of the concerned Ward.
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v. The outcome of registration of the contractor will be decided depending on the final outcome
of the process of the said Show Cause Notice and circular to that effect shall be issued by
concerned Head of the Department.
V. DEBARRING
Debarring is the penal action to be initiated against the Contractor/s who are carrying out works
for M.C.G.M. and are not registered with M.C.G.M. All other criteria and procedure of penal
action (i.e., observed for suspension, banning, demotion, (deregistration) will remain similar as
mentioned in penal action clause 7.
15.14.1 The contractor shall have to provide adequate number of wardens as per
requirement of Traffic Police Dept., and /or as per the requirement on site at the
contractor's cost so as to maintain safety and proper pedestrian, vehicular traffic flow on
this arterial road.
15.14.2 Traffic signs – Temporary traffic and construction signs are to be provided during
construction and maintenance operations for traffic diversion and pedestrian safety as per Traffic
Diversion Plan approved by the Engineer.
15.14.3 The contractor shall display the boards stating information of the name of the work, date
of starting, date of completion, name of the Dept. and contact telephone no’s of Contractor’s
Engineer
15.15 While constructing/improving footpath, provision for slopping ramp of at least 1.00 m
width or as directed, shall be made at every carriage entrance, junctions, bus stops etc., for
convenience of physically challenged persons.
15.16 The full-time services of the Personnel Team of the contractor are mandatory during the
entire period of the project. Daily Attendance register of Contractor's staff shall be maintained
and got checked from BMC staff from time to time.
i) Contractors are required to send at least one sample per day up to 50 M.T. and at the rate of
one sample for every additional 50 M.T or part thereof per day for Asphalt Macadam/ Seal 170
Coat/Asphalt Concrete and other asphalt mixes to the laboratory for testing. The contractor shall
note that, 50% payment of the bitumen work will be withheld till the results are received.
The test of samples of asphalt macadam, asphaltic concrete, mastic asphalt, used in the work shall
be carried out at municipal laboratory or approved laboratory as directed by engineer in- charge.
The site laboratory shall be used for testing of sub-base, GSB, base course, WBM, concrete cubes
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(7 days, 14 days) and other materials as necessary and directed engineer in-charge.
The charges for testing of construction materials and asphalt mixes shall be as per the rates in
force at the time of testing of materials/asphalt mixes and the testing charges shall be borne by
the contractor.
a) All requests for testing of samples must be made in writing to in duplicate specifying there in
the following information (separate memo should be sent for concrete, steel, soil, asphaltic mixes)
etc.
c) Type of material and tests desired (i.e. grade of cement, date of consignment)
d) Identification mark on the sample should be mentioned on the forwarding memo (in case of
concrete beams and cubes identification marks, grade of concrete, date of casting, specimen No.
should be engraved on concrete. If these details are marked by paint, samples will not be accepted.
In case of reinforcement bars, details shall be displayed on label pasted on bars and label must be
signed by the officer who has taken the samples.)
e) Name and full postal address of the officer to whom the results must besent.
f) Date of sampling (i.e., date of laying asphalt mix, Sr. No. of load casting concrete or taking
cement samples.)
ii) Samples must also bear the identification mark and signature of site in charge/ officer taking
the samples. In case of samples of asphalt mixes sent in polythene bags a legible duplicate tag
should be stapled from outside.
iii) Quantity of sample for testing must be adequate as shown in the schedule.
iv) For issuing additional copies or duplicate copies of test results at Municipal Testing Lab. Rs.
25/- will be charged for each copy. Request for additional /duplicate copy should be made in
writing by site in charge or higher officers of the user department.
v) Field Density test shall be taken in Asphalt concrete Carpet for any thickness. The Contractor
shall obtain the intimation letter from Engineer-in-charge & furnish the same to A. E. (Soil Mech.)
or as directed by the Engineer within 7 days from the date of laying of asphalt concrete for
carrying out the field density test. For any neglect or delay on the part of the contractor to
intimatethesamewithinsevendaysperiod,theadditionalchargesaspenaltywouldbe
recovered from the Contractor up to Rs. 200/- per test per week at the time of submission of
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intimation to A. E. (Soil Mech.)’s office.
vi) Samples of bitumen cut back; emulsions shall be forwarded in wide mouthed metal containers
with label pasted on the lid.
vii) Samples for tensile testing of reinforcing bars shall be straight for entire length without bends.
The ends of the bars shall be hacksaw cut and not chisel cut. One sample of each diameter bar
shall be sent for first test and for retest, two bars shall be sent. The length of the bars shall be 50
cm. for all diameters. Test Certificates (Chemical/Physical tests) from manufacturers (MTC) will
be submitted along with each Lot of Steel.
viii) Samples that are sent for testing for natural moisture content, shall be forwarded in wax
coated packing or sealed airtight bags.
ix) Undisturbed samples sent in sampling tube shall be wax coated on both open ends.
x) The samples thus taken shall send to the Testing Laboratory within 4 days from the date of laying,
of Asphalt mix on site. In case of delay, additional testing charges as penalty would be recovered
from the Contractor at the following rates.
xi)
From the 5th day to 7th day from date of laying of asphalt mix
A) on site Rs. 10,000/-
From the 8th day to 14th day from date of laying of asphalt mix
B) on site Rs. 20,000/-
The above charges i.e. (A) & (B) shall be paid by the contractors at time of submitting the samples
in Municipal Laboratory.
If the samples of the Asphalt mixes are not sent for testing within 14 days, payment for the
corresponding quantity of those samples shall not be made.
Charges would be recovered from the respective bills payable to the contractor by respective
department and credited to XV- Traffic Operations, Roads and Bridges, H - Material Testing
Laboratory.
xii) In case of failure of asphalt mix sample testing in Municipal Laboratory in various tests the
following penalties will beimposed.
a) Rs.500/- for each gradation failure as per result of asphalt macadam, seal coat and asphaltic
macadam , seal coat and asphaltic concrete and Rs.1,000/- for each gradation failure in mastic
asphalt.
b) For failure on more than 3 gradations in any asphalt mix. 50% of the cost of the work
represented by the failed sample will not be paid to the contractors.
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c) Rs.1,000/- each for failure in flow value/Bulk density/Void ratio/marshal stability in a
asphaltic mix beyond permissible limit as mentioned in the test report.
d) In case of excess % of bitumen in the bitumen mix beyond specified limit, a penalty of Rs.60/-
per MT of AM/SC/AC having excess bitumen for 50MT or thereafter as applicable for which
representative sample was taken will be imposed on C/s.
e) In case of less percentage of bitumen in the bitumen mix, than the specified limit, 50% of the
cost of day's work represented by the sample will be recovered as penalty.
f) In case of failure of field density of Asphalt mix, the area represented by the sample has to be
removed and redone.
The test of samples of asphalt macadam, asphaltic concrete, mastic asphalt, paver blocks, concrete
cubes (28 days) flexural beams used in the work shall be carried out at municipal laboratory or
approved laboratory as directed by engineer in-charge.
15.18 The contractor shall maintain the following registers during execution of work, and it is
mandatory to provide Lap Top to the site Engineers for this–
List of Registers
1 Inventory Register
2 Correspondence file
6 Instruction Register
7 Level Book
10 Photograph file
12 Filling/Embankment Register
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Removal Challans and Register (if dumped at Municipal Dumping Ground/ if
13 paid separately)
14 G.S.B Register
15 W.M.M Register
18 D.L.C. Register
29 D.B.M. Register
30 Bituminous Register
32 Penalty Register.
Any other registers required as per description of items for any activity/material/quantity for
which payment is made or as instructed by Engineer in Charge.
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Hard copies of the registers signed by the contractors shall be provided as required.
15.19 The successful bidder will make the arrangements of the required equipment on the day of
commencement or with respect to the progress of the work in phases, as per the instructions of
site in charge. If contractor fails provide equipment’s as per instruction of engineer in charge,
Penalty of Rs 5000/- day will be imposed and the same will be recovered from contractors ASD
or Running Bill.
i. If Site office with necessary requirements is not provided within 15 days after issue of work
order, a penalty of Rs. 10000/- per day per item will be imposed.
ii. If there is further delay more than 30 days, a penalty of Rs. 20000/- per day (i.e., starting from
31st day from issue of work order) will be forfeited from paid ASD, OR will be recovered from
1st R.A.Bill.
iii. If there is further delay more than 45 days, a penalty of Rs. 50000/- per day (i.e. starting from
46th day from issue of work order) will be forfeited from paid ASD, OR will be recovered from
1st R.A. Bill.
iv. If any of the items at Sr.No.2 to 6 above is not provided, Additional penalty of Rs. 1000/- per
day/per item, will be imposed.
NOTE:
AThe bidders have to consider the costs of all items related to site office and site laboratory and
quote their % accordingly.
b AS per Circular No. Ch.E./487/Rds, Tr. & Br./SR Dated 18/9/12. On receipt of the work order,
the contractor will have to provide for site office as per requirement either on his / her owned
place or rented/leased place. The Cost for this may be charged to BMC by incorporating in the
offer. No separate payment may be made for providing the Site office and ancillary items.
I. Loads of asphalt mix brought on Lorries shall be fully covered with tarpaulin, failing which
Rs.2500/- for every lorry load received on the site uncovered with tarpaulin will be imposed as
penalty and the same will be recovered from the contractor’s bill.
II. The lorry loads of the asphalt mix shall be checked at random at public weigh Bridge including
the Tar Weight for verifying the correct weight of the mix at the rate of one load out of every ten
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loads.
III. Various asphalt mix challans shall bear printed serial No. weight and departure time from the
plant end. The test reports of the test conducted in the asphalt plant laboratory shall invariably
accompany with the first load.
IV. The Mix Design for WMM/GSB/Paver Blocks/Concrete/Asphalt mix shall invariably
include details of source material including tests carried out at source (Quarry/Cement
Manufacturer's/Bitumen supplier's lab).
V. While laying asphalt mix layers on the existing bridge carriageway surface, care shall be taken
to see that no manhole or chamber covers of drainage, etc. are buried or kept higher than bridge
carriageway surface. They shall be first identified and raised or lowered to be flushed with final
asphalt surface.
VI. Prime coat/Tack coat will be allowed during execution of resurfacing work only by
mechanical sprayer.
VII. Field Density test shall be taken in Asphalt mix / Asphalt Concrete, W.M.M., D.L.C. and
GSB.
VIII. The contractors shall bring the correct size of metal/material required for construction of
water bound layers. The contractors will not be allowed to break stones, preparation of material
for water bound layers onsite.
15.22 The contractors should carry out if required, any minor works such as raising/lowering of
manhole, attending to bad spots, bad patches etc. as may be decided by the Engineer-in charge
anywhere within the concerned ward limit where the work is in progress under contract at the
rates included in the Bill of Quantities of the above work with his percentage quoted.
Maintenance Works –
1) During the Contract period (including intervening monsoon) the contractor shall maintain the
project roads in motorable and traffic worthy condition at his own cost. The contractor shall attend
and repair the damaged portion of the project road and the said work shall be done within 24 hours
from intimation as directed by Engineer. The contractor shall not be entitled for any additional
cost for such work undertaken.
2) The defect liability period for the improved roads shall be as mentioned in Section 6. The
contractor shall be liable to maintain the road during the defect liability period, which shall
include any repairs, rectification of any part or portion of the project road immediately without
waiting for any notice or intimation and shall include.
a) Maintaining roads signs, road markings, arrow marking etc. throughout the year.
b) Maintaining the kerbs, dividers, with proper painting twice in a year preferably before and
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after monsoon, jointing etc.
c) All Bridge and Roadside furniture shall be inspected, restored/painted to original condition.
f) The contractors shall not allow any trenches on the project road, stretch without due permission
from concerned authority of BMC.
g) Cleaning and maintaining of laterals and water entrances of storm water drains including
replacing missing /broken covers.
The specifications in relevant clauses of Section 513 of MoRTH (2001) pertaining to Type-A Seal
Coat with cationic RS grade emulsified bitumen should be followed. Alternatively, micro-
surfacing can also be used as a surface treatment for preventive maintenance. In addition, the
corrective and emergency repairs such as crack sealing, pothole and patch repair, etc., should be
carried out as per Section 3004 of MoRTH (2001) as and when necessary.
The contractor shall not be entitled for any additional cost for above works. All of this cost should
be included in fixed percentage quoted by bidder. The contractor shall not be entitled for any
additional cost such works undertaken.
i) Sealing of the joints of concrete pavements shall be done once a year, prior to monsoon.
j) Contractor shall maintain the following after expiry of Defect liability period of respective
items till completion of DLP of the as directed by Engineer In charge, for which payment will be
made with quoted percentage of this tender as per prevailing schedule rates at the time of
execution.
i. Maintaining roads signs, road markings, arrow marking, pedestrian crossings etc.
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ii. Maintaining the kerbs, dividers, with proper painting etc.
a) Deteriorated surfaces in Asphalt, Paver Blocks that affect the movement of traffic shall be
repaired/rectified within 24 hrs. of notice of such defects by the contractor or in his default when
brought to his notice by concerned staff of BMC.
b) All other maintenance work like Road signs, Lane marking, railing etc. if found defective,
shall be started within 7 days of notice of such defects by the contractors and completed within a
reasonable period of 4 weeks or period as directed by Engineer whichever is earlier.
c) Filling of potholes or patching up should be taken and completed with 24 hrs. of issue of
instructions to do so.
4) Penalty of Rs. 2500/- per day for every day of delay beyond period prescribed in the tender
shall be levied as regards the Maintenance Works.
5) All scrap of fabrication steel in the bridge work shall be stacked properly in the concern ward
office.
6) Challan of the scrap materials from ward shall be procured/ shall be maintained.
7) During the contract period/ execution of work all kind of utilities such as roads, slab etc. if any
get damaged shall maintain smooth flow of nalla, traffic etc. as his own risk and cost.
8) An amount of 1% will be deducted from the R.A. bills in respect of Building Construction and
other Worker’s cess as per directives of State Government and Circular in force as per circular
no. CA/FRD/12 of21.06.2012.
A circular regarding implementation of the construction and demolition waste management rules,
2016 has been issued by BMC u/No. Dy. Ch. Eng./SWM/3957/OD dated 28.09.2018. The said
circular is to be implemented for the said tender work.
Special Instructions
1. The bidder should note that, he should submit the scheme of repairs/replacement of
bearing/ expansion joints, structural repairs without closing traffic over the bridge
and same shall be proof checked from BMC appointed structural consultant. The
required work shall be carried out without closing bridge without affecting the
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stability of bridge with all safety measures.
2. The adequate size and sufficient capacity of trestles, fork lift, ladders and other
supporting arrangements shall be made readily available on site for attending any
emergency work.
3. The bidder should note that, the work has to be carried out all day / night, public
holidays etc. being an emergency work and bidder should quote accordingly no extra
payment will be made.
4. The bidder shall submit within the time stipulated by the Engineer in writing the
details of methodology of work / sequence of repair work that would be adopted by
the bidder for the execution of the work supported by necessary details.
5. Approval for the Drawings and sketches, if necessary, including plant and machinery
that would be used, their locations, arrangements for conveying, launching scheme
etc., should be obtained from the Design Consultant well in advance before starting
of work. The Design Consultant reserves the right to suggest modifications or make
concrete changes in the methods proposed by the bidder whether accepted previously
or not at any stage of the work, to obtain the desired accuracy, safety, quality, and
progress of the work, which will be final and binding on the Contractor.
8. The bidder should submit a structural audit report for each year for a period of five
years (DLP) and should carry out the repairs work as suggested in the structural audit
report at his own cost and he has to submit structural stability certificate from
appointed structural consultant after completion/ execution of work.
9. The bidder must conduct a site visit to evaluate existing utilities (e.g., water lines,
electrical wiring, gas pipelines) and subsequently should quote.
10. The bidder should note that the space below the flyover is very congested and has
shopping complex / RCC Structure beneath it. The bidder must conduct site visit to
evaluate the space for working to access the structure and accordingly should quote
this tender. No compensation / claims will be entertained later onwards.
Bidder should note that if he fails to register with BMC within stipulated time the action as
perclauseno.9.3of “Rules Governing Registration of contractors/for Civil/Mechanical/Electrical
Engineering works 2016” will attract.
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SECTION 16
CIRCULAR
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SECTION – 17
LOCATION
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Geographical coordinates 19°07'07.3"N 72°51'20.2"E
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