19 AMBERNATH MUNICIPAL COUNCIL - e Tenders...19 AMBERNATH MUNICIPAL COUNCIL Name of work :-...

19

AMBERNATH MUNICIPAL COUNCIL

Name of work :- PROVIDING MINI HIGH MAST AT MAIN ROAD IN WARD NO11

,AMBARNATH (W)

INDEX

No. Description Page No.

From To

Short Information of Tender

Check List

Detailed Tender Notice

Instructions to Tenderer

Form B. 1

Schedule A

General Scope of Work

General Conditions of Contract

Technical Specification

Form of Bank Guarantee

Undertaking

Declaration

Drawing


Name of work :- PROVIDING MINI HIGH MAST AT KAHAMKARWADI, BUVAPADA IN

WARD NO.6 ,AMBARNATH (W)

SHORT INFORMATION OF TENDER

1 Estimated cost put to tender Rs. 499997/-

2 Earnest Money Deposit Rs. 5000/-

3 Class of Contractor VII

4 Cost of Tender form (Including Service and

Vat Tax)

Rs. 525/-

5 Type of Tender B1

6 Date and Time of Bid Preparation Dt. 04.04.16_ 17.01 to Dt.18.4.16_15.00

7 Date and Time of submission Dt. 20.4.16_15.01 to 22.4.16_15.00

8 Place of Submission Online

The details of tender can viewed, downloaded and uploaded on website

https://udd.maharashtra.etenders.in



,AMBARNATH (W)

CHECK LIST

List of all documents, forms, statements, Specifications, conditions, schedules, drawings etc. to be

submitted with the tender.

The list shall contain the following documents particularly without which, the tender shall not be finally

decided. Blank tender forms shall be issued to eligible contractors, Registered in Class VII and above

with state PWD.

1. Online Payment (through credit card, debit card, RTGS, NEFT,Net banking), towards payment of

earnest money.

2. Brief details of the work of similar type and magnitude or general RCC works carried out by the

Tenderer.

3. Details of plant and machinery proposed to be used, immediately available and the manner in

which, it is proposed to be procured.

4. Details of technical personnel with tenderer.

5. Copies of certificates, if any.

6. Full names of all partners of the tenderer if offered by partnership firm and copies of partnership

deed and power of attorney.

7. A true copy of the Registration Certificate including that of renewal, etc.

8. Declaration about no relation or partenship with Municipal Council Member. On Stamp Paper.

Note: All the above documents and this list must be signed by the Tenderer.


DETAILED TENDER NOTICE No.AMC/PWD/2015-16/848, Dt. 31.03.2019

Sealed Tenders on percentage rate basis in B.1 Form in Two envelope system are invited for the

following works from the contractors registered in Class VII (Electrical) and above with state PWD.

1. NAME OF WORK :- PROVIDING MINI HIGH MAST AT MAIN ROAD IN WARD NO11

,AMBARNATH (W)

2. ESTIMATE COST – Rs.499997/-

3. EARNEST MONEY DEPOST

Rs. VII/- (Rupees Five Thousand Only) to be paid online (through credit card, debit card, RTGS,

NEFT, Net Banking)

4. SECURITY DEPOST

a) Initial Security Deposit

The successful tenderer shall have to deposit cash or demand draft bond in from any

Nationalized/Scheduled bank of 2% amount of estimated cost i.e. Rs.10000 /-in the name of

Chief OfficerAmbernath Municipal Council, Ambernath.

b) Deductions through R.A.Bill

Balance 7% amount i.e. Rs.35000 /-will be recovered through each running bill at 10% of the

gross amount to the extent that total required security deposit is recovered.

c) Additional Security Deposit

If the accepted offer of the contract is below 10% of the cost put to tender, the additional

security deposit shall be furnished by the agency as below before issue of work order. This

security deposit is inaddition to initial Security Deposit.

i) If offer is up to 10% below Nil

ii) If offer more than 10% and 2%

Up to 15% below

iii) If offer is more than 15% below 4%

The additional security deposit may be in the form of cash or DD issued by a

Nationalized/Scheduled Bank or fixed deposit in the name of Chief officer Ambernath

Municipal Council and shall before a minimum period of 24 months and shall be extended

suitably if the work is not completed within the time limit. The tenderer shall have to furnish

this security deposit with initial security deposit

5. STAMP DUTY

The contractor shall bear the revenue duty on the agreement and security deposit and/or

Additional Security Deposit (payable asper tender condition), as per the Indian Stamp duty (1985)

(latest revision) provision applicable during contract period.

6. TIME OF COMPLETION

60 Days. This will be counted from the date of work order.

7. ISSUE OF BLANK TENDER FORM

The Blank Tender forms will be available for download to the eligible biddersas per schedule noted

below on the website https://udd.maharashtra.etenders.in

Seq

No

UDD Stage Vendor Stage Start Date &

Time

Expiry Date &

Time

1 Release of tender - Dt.04.04.2016

At 10:00

Dt.04.04.2016

At 17:00

2 - Tender download Dt.04.04.2016

At 17:01

Dt.18.04.2016

At 15:00

3 - Bid preparation Dt.04.04.2016

At 17:01

Dt.18.04.2016

At 15:00

4/5 Technical and Financial Bid

Closing

- Dt.18.04.2016

At 15:01

Dt.20.04.2016

At 15:00

6 - Bid submission Dt.20.04.2016

At 15:01

Dt.22.04.2016

At 17:00

7 Envelope 1 opening - Dt.22.04.2016

At 17:01

Dt.26.04.2016

At 15:00

8 Envelope 2 opening - Dt.26.04.2016

At 15:01

Dt.27.04.2016

15:00

The tender will be opened in the office of the Chief officer Ambarnath Municipal Council,

Ambarnath.

8. COST OF BLANK TENDER FORM

a) Rs.525/- per set Blank tender forms shall be paid online. Blank tender form will not be sent

by post.

b) The cost of tender documents will not be refunded under any circumstances.

9. VALIDITY OF THE OFFER

90 days from the date of opening of tender.

10. SUBMISSION OF TENDER

a) Technical Bid

The tenderer while submitting the tender shall upload the scanned documents mentioned as below

(i) Registration certificate duly attested.

(ii) Sales Tax Clearance Certificate.and valid VAT No. certificate if available.

(iii) List of Qualified, Experienced Engineer in Service with Contractor.

(iv) Details of similar type of works completed with documents duly signed by the authority

(Completion Certificate).

(v) Details of key personnel and technical personnel proposed to be employed for execution of

this contract Give Qualifications and Experience.

(vi) Declaration about no relation or partenship with Municipal Council Member. On Stamp

Paper.

b) Financial Bid/Price Bid

“Price Bid” shall contain only main tender document mentioning the cost of offer of the tender.

The contractor should note this procedure carefully.

(i) The tenderer should quote his offer on B-1 tender form, both in words and in Figure B1

Tender Form The tenderer should not quote his offer any where directly or indirectly in

Technical Bid. This Tender offer shall be unconditional.

(ii) The chief Officer, Ambernath Municipal Council, Ambernath may at his discretion extend

the deadline for the submission of tenders by issuing an amendment in which case all rights

and obligations of the Chief Officer, Ambernath Municipal Council, Ambernath and the

tenderers previously subject to the original deadline shall therefore be subject to the new

deadline as extended.

11. OPENING OF TENDERS

11.1 The tenders as received will be opened on the date and specified time in the presence of the

intending bidder or his authorized agent. Following procedure will be adopted for opening of

the tender.

Technical Bid

First of all, the Technical Bid will be opened to verify its contents as per requirement. If

various documents contained in this envelope do not meet the requirements of the department

a note will be recorded accordingly by the tender opening authority and Price Bid will not be

considered for future action but the same will be recorded as unopened.

Price Bid

As far as possible, this envelope shall be opened after opening Technical Bid only if the

contents of Technical Bid are found to be acceptable to the department. After opening of

tender the offer quoted therein shall be read out. “The tender will be liable to be rejected if

while submitting.”

11.1 The tenderer proposes any alteration in the work specified in the tender or in time allowed for

carrying out work or any other condition.

11.2 The tenderer, does not sign and the signature/signatures (in case of firm each partner or power of

attorney holder) is not witnessed by a respectable person in the space provided for in the B-1

tender form.

11.3 Income tax at the rate in force will be recovered from the gross amount of each bill, whether for

measured or advance payment of each bill, and/or secured advance.

11.4 Schedule ‘B’ of contract shows the items of work to be executed, the estimated quantity, the rate,

amount of such item as per estimate and the total estimated cost put to tender.The tenderer

should quote his rate in terms of percentage above or below the said estimated cost by writing

the percentage both in words and figures scoring out one of the printed words below/above on

B-1 tender.

11.4.1 The contractor should particularly note the units on which the rates are based. In case, any

difference noticed in the unit shown in the column of Unit the contractor should approach

the Chief Officer well in advance before submission of the tender and get the discrepancy

set right. If any discrepancy not pointed out by the contractor is noticed, later on, the unit

that will be decided by the Chief Officer, Ambernath Municipal Council will be final and

binding on the Contractor.

11.4.2 No addition or alterations in the form of the tender or in the tender and no addition in the shape

of special stipulation etc. are permitted. The tender which do not fulfill all or any of the

above conditions or are incomplete in any respect are liable for summary rejection.

11.4.3 All pages of tender documents, Conditions, Specification and drawings etc. shall be initialed

by the Tenderer or all partners in case of partnership firms or person holding a power of

attorney authorizing him to sign on behalf of all partners before submission of the tender.

11.4.4 The Chief Officer, Ambernath Municipal Council shall have the right to revise or to amend the

contract documents prior the date of receipt or opening of the tenders.

11.4.5 The Contractor shall make at his own expenses all preliminary arrangements including site

clearance etc. immediately after the contract is awarded to him. He shall also arrange to get

water supply connection from the local body and lay all distribution pipe lines, cocks, water

meter etc. for water required for Work / construction and drinking purposes and shall

construct masonry tanks of sufficient capacity and at suitable place as directed for storage

of water. All charges on this account and all bills for use of water as and when received

shall be paid by the contractor promptly. If the local body refuses to supply water for some

reasons or the other, the contractor shall make his own arrangements to get water from

wells belonging to private owners or from some other sources and convey the some on site

by suitable means and bear all expenses for use and conveyance of the same after entering

into an agreement with the owner.

11.4.6 Similarly the Contractor will have to make his own arrangement at his cost of supply of

Electricity to the camp and work site as may be necessary and he will not be entitled to any

extra payment whatsoever in this regard.

12. RIGHT RESERVED

a) Right to reject any or all tenders without assigning any reason thereof is reserved by the

competent authority whose decision will be final and legally binding on all the renderers.

b) Tender with stipulations for settlement of a dispute by reference to Arbitration will not be

entertained

Chief Officer

Ambernath Municipal Council

Ambernath



,AMBARNATH (W)

INSTRUCTIONS TO TENDERER

1. AWARD CRITERIA

The Owner will award the contract to the successful bidder whose bid has been determined to be

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

that the Bidder is determined to be qualified to perform the contract satisfactorily. The tender will

be awarded after bid evaluation report approved by Ambernath Municipal Council, Ambernath

2. ACCEPTANCE OF THE TENDER

2.1 The acceptance of the tender rests with Ambernath Municipal Council. The right to reject any

or all the tenders without assigning any reason thereof is reserved by Ambernath Municipal

Council. The tenderers whose tender is accepted will have to enter into regular agreement in

the type and form prescribed by Ambernath Municipal Council and abides by all the rules

embodied therein, cost of agreement etc. should also be borne by the tenderer.

2.2 No corrections, additions or alterations in the tender document shall be made. No special

stipulations in the tender document shall be permitted.

2.3 The tender shall be liable to be rejected outright if while submitting the same.

i) The Tender, in Original, is not submitted.

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

tender.

iii) If the specified Earnest Money in specified form is not paid.

2.4 If the tendering contractors are a firm or company, they shall in their

forwarding letter should mention the names of all the partners of the

firm or company as the case may be and the names of the partners who

hold the power of attorney authorized him to conduct transactions on

behalf of the Company/Firm.

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

tender.

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

3.0 SIGNINGOF CONTRACT

At the same time as the Owner notifies the successful Bidder that the bid hasbeen accepted, the

Owner will send the Bidder an acceptance letterinforming the Bidder, the further necessary line

of action including signing of contract etc.

4.0 FOR SPECIAL ATTENTION OF TENDERER

The tenderer is expected to visit the site before quoting the tender and gethimself acquainted with

the site conditions and site requirements.Power supply from MSEB if required will have to be

arranged by tenderer.AMC does not take any guarantee for continuous power supply at the

site.Responsibility of Municipal staff will be nominal and limited to extending all possible help in

solving local problems for obtaining permission, obtainingPower supply etc.

FORM B – 1

PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS

__________________________________________________________

AMBERNATH MUNICIPAL COUNCIL, AMBERNATH

_____________________________________________________

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTOR

1. All works proposed to be executed by contract shall be notified in a form of

invitation to tender pasted on a board hung up in the office of the Ambernath

Municipal Council.

This form will state the work to be carried out as well as the date of

submitting and opening tenders, and the time allowed for carrying out the work,

also the amount of earnest money to be deposited with the tender, and the amount

of the security deposit to be deposited by the successful tenderer and the

percentage, if any to be deducted from bills.It will also state whether a refund of

quarry fees, royalties and ground rents will be granted Copies of the specifications

designs and drawings estimated rates, scheduled rates and any other documents

required in connection and the work shall be signed by Chief Officer, for the

purpose of identification and shall also be open for inspection by contractors at the

office of the Chief Officer during office hours.

When the works are proposed to be executed according to the specifications

recommended to a contractor and approved by a competent authority on behalf of

the Ambernath Municipal Council.

Such specifications with designs and drawings shall form part of the accepted

tender.

2. In the event of the tender being submitting by a firm, it must be signed by

each partner thereof, and in the event of the absence of any partner, it shall be

signed on his behalf by a person holding a power of attorney authorizing him to do

so.

2 (A) I) the contractor shall pay along with the tender the sum of

Rs. 5000/- (Rupees Five Thousand Only) as and by way of earnest

money.

i) The contractor may pay the said amount through any means, The

said amount of earnest money shall not carry any interest whatsoever.

ii) In the event of his tender being accepted subject to the provisions

of sub clause.

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

towards the amount of security deposit payable by him under

conditions of General Conditions of Contract.

iv) If, After submitting the tender, the contractor withdraws his offer

or modifies the same or if, after the acceptance of his tender the

contractor fails or neglects to furnish the balance of security deposit

without prejudice to any other rights and powers of the council

hereunder, or in law, Council shall be entitled to forget the full amount

of the earnest money deposited by him.

v) In the event of his tender not being accepted, the amount of

earnest money deposited by the contractor shall unless it is prior

thereto forfeited under the provisions of sub clause iii) above, be

refunded to him on his passing receipt therefore

3. Receipts for payments made on account of any work. When executed

by a firm should also be signed by all the partners except where the

contractors are described in their tender as a firm in which case the

receipt shall be signed in the name of the firm by one of the partners,

or by some other person having authority to give effectual receipts for

the firm.

4. Any person who submits a tender shall fill up the usual printed form

stating at what percentage above or below the rates specified in

Schedule B (memorandum showing items of work to be carried) he is

willing to undertake the work. Only one rate or such percentage on all

the estimated rates / Scheduled rates shall be named. Tenders who

propose any alteration in the works specified the said form invitation

to tender, or any sort will be liable to rejection. No printed of tenderer

form shall include a tender for more than one work, but contractors

who quote to tender for two or more works, they shall submit a

separate tender for each Tender shall have the name and number of

the work to which they refer written outside the envelope.

5. The Chief Officer or his duly authorized Assistant shall open tenders in

the presence of contractors who have submitted tenders or their

representative who may be present at the time, and he will enter the

amount of the several tenders in a comparative statement in a suitable

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

the purpose of identification sign copies of the specifications and other

documents mentioned in rule 1. In the event of tender being rejected,

the Chief Officer shall authorize the Chief Account & Finance officer to

refund the amount of the earnest money deposited to the contractor

making the tender, on his giving a receipt for the return of the money.

6. The officer competent to dispose of the tenders shall have the right of

rejecting all or any of the tenders.

7. No receipt for any payment alleged to have been made by a contractor

in regard to any matter relating to this tender or the contract shall be

valid and binding on unless it is signed by the Chief Officer or any

authorized officer.

8. The memorandum of work to be tendered for an the schedule of

materials to be supplied by the Ambernath Municipal Council and their

rates shall be filled in and completed by the office of the Chief Officer

before the tender form is issued, if a form issued to an intending

tenderer has not been so filled in and completed, he shall request the

said office to have this done before the completed and delivers his

tender.

9. All work shall be measured by standard measure and according to the

rules and customs of the council and without reference any local

caution.

10. Under no circumstances shall any contractor be entitled to claim

enhanced rates for items in his contract.

11. Every registered contractor shall produce along with his tender

certificate of registration as approved contractor. In the appropriate

class and renewal of such registration with date of expiry

12. All corrections and additions or posted slips should be initialed.

13. The measurements of work will be taken according to the usual

methods in use in the Council and no proposals to adopt alternative

methods will be accepted. The Chief Officer decision as to what is the

usual method in use in the Ambernath Municipal Council will be final.

14. The tendering Contractor shall furnish a declaration along with the

tender showing all works which he has already entered into contract

and the value of the work that remains to be executed in each case on

the date of admitting tender.

15. Every tendered shall furnish along with the tender, information

regarding the income tax Circle, or ward of the district in which he is

assessed to income-tax the reference to the number of the assessment

year and a valid income-tax clearance certificate.

16. In view of difficult position regarding the validity of foreign exchange,

no foreign exchange would be released by the Department for the

purchase of plant and machinery required for the execution of the

work contracted for.

17. The contractor will have to construct shed for storing controlled and

valuable materials issued to him under schedule ‘A’ of the agreement,

at works site, having double locking arrangement. The materials will

be taken for use in the presence of the Departmental person No

materials will be allowed to be removed from the site of works.

18. The contractors shall also give a list of machinery in their possession

and which they propose to use on the work.

19. Every registered contractor should furnish along with tenders

statement showing previous experience and technical staff employed

by him.

20. Successful tenderers will have to produce to the satisfaction of the

accepting authority a valid and current license issued in his favor

under the provision of Contract Labour (regulation & Abolition) Act

1970 before starting works, falling which acceptance of the tender will

be liable for withdrawal and earnest money will be forfeited to

Ambernath Municipal Council.

21. The contractor shall comply with the provision of Apprentices Act.

1961 and the rules and orders issued there-under from time to time if

he fails to do so, his failure will be a breach of the contract and the

Superintending Engineer, may in his discretion cancel the contract.

The contract shall also be liable, for any pecuniary liability arising on

account of any violation by him of the provision of the Act.

Tender for works

I/We hereby tender for the execution for the (here in before and

here in after referred to as Council of the work specified in the

underwritten memorandum within the time specified in such

memorandum at * _______________ percent below / above

the estimated rates entered in Schedule B (memorandum

showing items of work to be carried out) and in accordance in

all respects with the specification, designs, drawings and

instructions in writing referred to in rule 1 here of and in clause

12 of the annexed condition of contract and agree that

when material for the work are provided by the

Council such materials and the rates to be paid for

them shall be as provided in schedule A hereto

MEMORANDUM

General Description - PROVIDING MINI HIGH MAST AT KAHAMKARWADI,

BUVAPADA IN WARD NO.6 ,AMBARNATH (W)

(b) Estimated cost Rs.499997/-

(c) Earnest money Rs.5000/-

(d) (i) Security deposit Rs 10000/-

(ii) To be deducted from current bill

Rs.

In figures as well as

in words

a) If several sub

works are included

they are included

they should be

detailed in a

separate list

c) The amount of

earnest money to

be deposited shall

be in accordance

with the provision of

paras 204 and 205

of the M.P.W.

manual

(e) Percentage, if any to be deducted from bills

So as to make up the total amount requirement as

to security deposit by the time half the work as

measured by the costs is done 10 (Ten) Percent

(f) Time allowed for the work date of written order to

Commence. Two Calendar months

2. I / We agree that offer shall remain open for

acceptance for minimum per 60 days from the date

fixed for opening the same and thereafter until it

with drawn by me/us notice in writing duly

addressed to the authority opening tenders and

sent by reg. post A.D. otherwise delivered at the

office the same authority. Treasury-Bank Chillan

No. and date of Deposit at call receipt No. and date

Respect the sum of Rs.5000/- in words (Rupees

Five Thousand Only) representing the earnest

money is herewith forwarded. The amount of

earnest money shall not bear interest and shall be

liable to be forfeited to the

should I/We fail to (1) abide by the

stipulation to keep the offer open for the period

mentioned above or (2) sign and complete the

contract documents as required by the Engineer

and furnish the security deposit specified in item

(d) of the memorandum contained in paragraph (i)

above within the time limit laid down the clause (i)

of the annexed General conditions of contract. The

amount of earnest money may be adjusted towards

the security deposit or refunded to me/us if so

desired by me/us in writing. Unless the same or

any part thereof has been forfeinted as aforesaid.

3. I / We have secured exemption from

payment of earnest money after executing the

e) This percentage

where no Security

deposit is taken will

vary from 5 percent

to 10 percent

according to the

requirement of the

case where security

deposit is taken,

See not to Clause I

of conditions of

contract.

f) Give Schedule

where necessary

showing dotes by

which the various

items are to be

completed.

necessary bond in favor of the Ambernath

Municipal Council. A true copy of which is enclosed

herewith. Should any occasion forfeiture of earnest

money for this work arise due to failure on my /

our part to (1) abide by the stipulations to keep the

offer open for the period mentioned above or (2)

sign and complete the contract documents and

furnish the security deposit as specified in item (d)

of the memorandum contained in paragraph 1

above within the time limit laid down in clause (i)

of the annexed General Conditions of contract the

amount payable be me / us may, at the option of

the Engineer be recovered out of the amount

deposited in lump sum for securing exemption in so

far as the same may extend in terms of the said

bond and in the event of the deficiency out of any

other moneys which are due or payable to me / us

by the Ambernath Municipal Council under any

other contact or transaction of any nature

whatsoever or otherwise.

4. Should this tender be accepted I /We hereby

agree to abide by and fulfill all the terms and

provisions of the conditions of contract annexed

hereto so far as applicable, and in default thereof

to forefeet and pay to Ambernath Municipal Council

the sum of money mentioned in the said

conditions.

Contractor’s Signature *

Address

Dated the Day of 20

Signature of (Witness)

Signature of

contractor before

submission of

tender

Signature of witness

to contractor’s

signature.

Address

(Occupation)

* Amount to be specified in words and figures.

The above tender is hereby accepted by me and on

behalf of the Governor of Maharashtra.

Date Day of 20 Chief Officers / Chief Officer

Condition of Contract

Clause 1: Security Deposit

The Person / Persons whose tender may be

accepted (hereinafter called the contractor. Which

expression shall unless excluded by or repugnant

to the context include his / hers, executors,

Administrator, and assigns) shall (a) within 10 days

(which may be extended by the Chief Officer

concerned up to 15 days, if the Chief Officer thinks

fit to do so) of the receipt by him of the notification

of the acceptance of his tender, deposit with the

Chief Officer in cash of Govt. Securities endorsed to

the Chief Officer (if deposited for more than 12

months) of sum sufficient which will made up the

full Security Deposit specified in the tender or (B)

(Permit Govt. of the time or making any payment

to him for work done under the contract to deduct

such as will amount to Percent of all money so

payable such deductions to be held by Ambernath

Municipal Council. * by way of security Deposit)

provided always that in the event of contractor

depositing a lump sum by way of Security Deposit

as contemplated at (A) above, then and in such

II Signature of the

officer of whom

accepted

Security

deposit

case. If the sum so deposited shall not amount * to

9Percent of this total estimated cost of the work; it

shall be lawful for Ambernath Municipal Council at

the time of making any payment to the contractor

for work done under the contract to make up the

full amount of percent by deducting a sufficient

sum from every such payment as last aforesaid

until the full amount of the Security Deposit is

made up. All compensation or other sums of money

payable by the contractor to Ambernath Municipal

Council Under the terms of his contract may be

deducted from or paid by the sale of sufficient part

of his security deposit or from the interest arising

there from, or from any sums which may be due or

may become due by Ambernath Municipal Council

to the contractor under any other contractor or

transaction of any nature on any account

whatsoever and in the event of his security deposit

being reduced by reason of any such deduction or

sale as aforesaid, the contractor shall, within ten

days thereafter, make good in cash of Govt.

Securities endorsed as aforesaid any sum or sums

which may have been deducted from or raised by

sale of his security deposit or any part thereof. The

security deposit referred to. When paid in cash

may, at the cost of the depositor, be converted into

interest bearing security provided that the

depositor has expressly desired this in writing.

If the amount of the security deposit to be paid in a

lump sum within the period specified at (a) above

is not paid the tender / contractor already accepted

shall be considered as cancelled and legal steps

taken against the contractor for recovery of the

amount. The amount of security deposit logged by

contractor shall be refunded after the defect

liability prescribed in this tender is over i.e. 5 years

from the completion of works. The amount of

security deposit retained by the Ambernath

Municipal Council shall be released after expiry of

period upto which the contractor has agreed to

maintain the work in good order, then, subject to

provision off Clauses 17 & 20 here of the amount of

Security deposit retain by Ambernath Municipal

Council shall be adjusted towards the excess cost

incurred by the department on rectification work.

Note: - This will be the same percentage as that in

the tender

Clause 2: The time allowed for carrying out the

work as entered in the tender shall be strictly

observed by the contractor and shall be reckoned

from the date on which the order to commence

works is given to the contractor. The work shall

through the stipulate period of the contract be

proceeded with, with all due diligences (time being

deemed to the essence of the contractor on the

part of the contractor) and the contractor shall pay

as compensation and amount equal to one percent

or such smaller amount as the Superintending

Engineer (whose decision in writing shall be final)

may decide. Of the amount of the estimated cost of

the whole work as shown by the tender for every

day that the work remained uncommented or

unfinished after the proper dates, And further to

ensure good-progress during execution of the

work, the contractor shall be bound in all cases in

which the time allowed for any works exceeds are

month to complete.

1/3 of the work in 1/3 of the time

2/3 do 2/3 do

3/4 do 3/4 do

(Note: The quantity of the work to be done within

a particular time to be specified above shall be

fixed and inserted in the blank space kept for the

purpose by the officer competent to accept the

contracts after taking in consideration the

circumstance of each case) and abide by the

Compensation for

delay

programme of detailed progress laid down by Chief

Officer.

The following proportion will usually be found suitable :

In 1/11/2 3/4 of the time.

Reasonable progress of earth work: 1/10 ½ 3/4 of

the total value of the work to be done

Do Do of masonry work 1/10 1/10 8/10 Do. Do.

In the event of the contractor falling to

comply with these conditions he shall be liable to

pay as compensation an amount equal to one per

cent of such smaller amount as Chief Officer

(whose decision in writing shall be final) may

decide of the said estimated cost of the whole work

for every day that due quantity of work remains in

complete provided always that the total amount of

compensation to be paid under the provisions of

this clause shall not exceed 10 per cent of the

estimated cost of the work as shown in the tender.

Clause 3 : In any case in which under any clause

of this contract the contractor shall have rendered

himself liable to pay compensation amounting to

the whole of his security deposit (whether paid in

one sum or deducted by installments) or in the

case of abandonment of the work owing to serious

illness or death of the contractor or any other

cause the Chief Officer on behalf of the Ambernath

Municipal Council shall have power to adopt any of

the following courses, as he may deem best suited

to the interest of Ambernath Municipal Council.

(a) To rescinded the contract (for which

rescission notice in writing to the contractor under

the hand of Chief Officer shall be conclusive

Action when

where of

security

deposit is

forfeited

evidence) and in that case the Security deposit of

the Contractor shall stand forfeited and be

absolutely at the disposal off.

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

work departmentally debiting the contractor with

the cost of the work, expenditure incurred on tools

and plant and charges on additional supervisory

staff including the cost of work charged

establishment employed for getting unexecuted

part of the work completed and crediting him with

the value of the work done departmentally in all

respects in the same manner and at the same rates

as if it had been carried out by the contractor

under the terms of his contract. The certificate of

the Chief Officer as to the costs and other allied

expenses so incurred and as to the value of the

work so done departmentally shall be final and

conclusive against the contractor.

(c) To order that the work of the contractor

be measured up and to take such part there of as

shall be unexecuted, out of his hands and to give it

to another contractor to complete in which case all

expenses incurred on advertisement for fixing a

new contracting agency additional supervisory staff

including the cost of work charged establishment

and cost of the work executed by the new contract

agency will be debited to the contractor at work

and at the value of the work done of executed

through the new contractor shall be credited

contractor in all respects and in the same manner

and at the same rates as if it had carried out by the

contractor under the terms of his contract. The

certificate of the Chief Officer as to all the cost of

the work and other expenses incurred as foresaid

for or in getting the unexecuted work done by the

new contractor and as to the value of the work so

done shall be final and conclusive against the

contractor.

In case the contract shall be rescind under

clause (a) above the contractor shall not be entitled

to recover or be paid, any sum for any work there

to actually performed by him under this contract

unless and until the Chief Officer shall have

certified in writing the performance of such work

and the amount payable to him in respect thereof

and he shall only be entitled to be paid the amount

so certified. In the event of either of courses

referred to in clause (a) or (c) being adopted and

the cost of the work executed departmentally or

through a new contractor exceeding value of such

work credited to the contractors, the amount of

excess exceeding the value of such work credited

to the contractors, the amount of excess shall be

deducted from any money due to the contractor

Ambernath Municipal Council under the contract or

otherwise however, or from his security deposit or

the sale proceeds thereof provided, however that

the contract shall have no claim against Ambernath

Municipal Council even if the certified value of the

work done departmentally or through a new

contractor exceeds the certified cost of such work

allied expenses, provided always the whichever of

the three courses mentioned in clause (a), (b) or

(c) is adopted by the Chief Officer the contractor

shall have no claim to compensation for any loss

sustained by him by reason of his having

purchased, or procured any materials or entered in

to any engagement, or made any advances on

account of or with a view of the execution of the

work or the performance of the contract.

Clause 4 : If the progress of any particular

portion of the work is unsatisfactory the Chief

Officer shall not withstanding that the general

progress of the work is in accordance with the

conditions mentioned clause, 2 be unsatisfactory

entitled to take action under clause 3(b) after

giving the contractor 10 day’s notice in writing. The

contractor will have no claim for compensation, for

any loss, sustained by him owing to such action.

Clause 5: In any case in which of the

powers conferred upon the Chief Officer by clauses

3 and 4 hereof shall have become exercisable and

the same shall not have been exercised the non

exercise thereof shall not constitute a waiving of

any of the conditions thereof and such powers shall

not withstanding be exercised in the event of any

future case of default by the contractor for which

under any clause hereof he is declared liable to pay

compensation amounting to the whole of his

security deposit and the liability of the contractor

for past and future compensation shall remain

unaffected. In the event of the Chief Officer taking

action under sub clause (a) or (c) or clause 3, he

may if he so desires, take possession of all or any

tools, plant materials and stores, in or upon the

works or the site thereof belonging to the

contractor or procured by him and intended to be

used for the execution the work or any part

thereof, paying or allowing for the same in account

at the contract or in the case of contract rates not

being applicable at current market rates, to be

certified by the Chief Officer whose certificate

thereof shall be final in the alternative, the Chief

Officer may after giving notice in writing to the

contractor or his clerk, of the work, foreman or

other authorized agent require him to remove such

tools, plant, materials or stores from 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 Chief Officer may remove

them at the contractor’s expense or sell them by

auction or private sale on account of the contractor

and at his risk in all respects, and the certificate of

the Chief Officer as to the expense of and such

removal and the amount of the proceeds and

expense of any such sale shall be final and

conclusive against contractor.

Clause 6 : If the contractor shall desire an

extension on of time for completion work on the

ground of his having been unavoidably hindered in

Power to take

possession of or

require removal of or

sell contractor’s plant.

Contractor remains

liable to pay

compensation if

action not taken

under clauses 3 and 4

Extension of time

its execution or on any otherground, he shall apply

in writing to the Chief Officer before the expiry of

the period, stipulated in the tender of before the

expiration of 30 days from the date on which he

was hindered as aforesaid or on which the cause

for asking for extension occurred, whichever is

earlier the Chief Officer if in his opinion, there were

reason grounds for granting an extension grant

such extension as he thinks necessary or proper

the decision of the Chief Officerin this matter shall

be final.

Clause 7 : On the completion of the work

the contractor shall be furnished with a certificate

by the Chief Officer of such completion, but no

such certificate shall be given nor shall the work be

considered to be complete until the contractor shall

have removed from the premises on which the

work shall have been executed, all scaffolding,

surplus materials and rubbish, and shall have

cleaned off, the dirt from all wood work, doors,

windows, walls, floor or other parts of any building

in or upon which the work has been executed, or of

which he may have had possession for the purpose

of executing the work, nor until the work shall have

been taken measured by the Chief Officer or where

the measurements have been taken by his

subordinates until they have received approval of

the Chief Officer, they said measurements being

binding and conclusive against the contract if the

contractor fall to comply with the requirements of

this clause surplus materials & rubbish and

cleaning of dirt on or before the date fixed for the

completion of the work the Chief Officer may at the

expenses of the contractor, remove such

scaffolding surplus materials and rubbish and

dispose of the same as he thinks fit and clean off

such dirt as foresaid and the contractor shall

forthwith pay the amount of all expenses so

incurred, but shall have no claim in respect of any

such scaffolding or surplus materials as aforesaid

Final

certificate

except for any sum actually realized by the sale

thereof.

Clause 8: No payment shall be made for any

work, estimated to cost less than rupees ten

thousand till after the whole of work shall have

been completed and a certificate of completion

given. But in the case works estimated to cost

more than rupees ten thousand, the contractor

shall, on submitting a monthly bill therefore be

entitled to receive payment proportionate to the

part of the work then approved and passed by the

Chief Officer, 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

actually done & completed & shall not preclude the

Chief Officer from requiring any bad, unsound,

imperfect or unskillful work to be removed or taken

away and reconstructed or re erected not shall any

such payment be considered as an admission of the

due performance of the contract or any part

thereof in any respect or the occurring of any claim

not shall if conclude determine or effect in any

other way the power of the Chief Officer as to the

final settlement and adjustment of the accounts or

otherwise in any other way very or effect the

contract. The final bill shall be submitted by the

contractor within one month of the date fixed for

the completion of the work, otherwise the Chief

Officer certificate of the measurements and of the

total amount payable for the work shall be final and

binding on all parties.

Clause 9: The rates for several items of

works estimated to cost more than Rs.10, 000

agreed to within, shall be valid only when the item

concerned is accepted as having been completed

fully in accordance with the sanctioned

specification. In cases where the items of work are

Payment on

Intermediate

certificate to be

regarded as

advances.

Payment at

reduced rates on

account of items

of work not

accepted as

completed to be

at the discretion

of the Chief

Officer

not accepted as so completed the Chief Officer may

make payment on account of such items at such

reduced rates as he may consider reasonable in the

preparation of final or on account bills.

Clause 10: A bill shall submitted by the

contractor each month on or before date fixed by

the Chief Officer for all work executed in the

previous month and the Chief Officer shall take or

cause to be taken the requisite measurement for

the purpose of having the same verified & the

claim, so for as it is admissible, shall be adjusted, if

possible, within ten days from the presentation of

the bill. If the contractor does not submit the bill

within ten time fixed as aforesaid the Chief Officer

may depute a subordinate to measure up the said

work in the presence of the contractor or his duly

authorized agent, whose countersignature to the

measurement list shall be sufficient warrant, and

the Chief Officer may prepare a bill from such list

which shall be binding on the contractor in all

respects.

Clause 11: The contractor shall submit all

bills on the printed forms to be had on application

at the office of the Chief Officer. The charges to be

made in the bills shall always be entered at the

rates specified in the tender or in the case of extra

work ordered in pursuance of these condition, and

not mention or provided for in the tender at the

rates hereinafter provided for such work.

Clause 12 : If the specification or estimate of

the work provides for the use of any specials

description of materials to be supplied from the

store of the Department store or if it is required

that the contractor shall use certain stores to be

provided by the Chief Officer (such material and

stores and the prices to be charged therefore as

hereinafter mentioned being so far as practicable

for the convenience of the contractor but not as so

in any to control the meaning or effect of this

contract specified in the schedule or memorandum

Bills to be

submitted

monthly by

contractor

Bills to be on

printed form

Stores supplied by

Ambernath

Municipal Council

hereto annexed) the contractor shall be supplied

with such materials & stores as may be required

from time to time to be used by him for the

purpose of the contract only and the value of the

full quantity of the materials and stores so supplied

shall be set off or deducted from any contract sum

then due or thereafter to become due to the

contractor under the contract or otherwise or from

the security deposits or the proceeds of sale

thereof if the security deposit is held in securities

the same or a sufficient portion thereof shall in that

case be sold for the purpose. All materials supplied

to the contractor shall remain the absolute property

of Ambernath Municipal Council and shall on no

account be removed from the site of the work and

shall at all times be open to inspection by Chief

Officer. Any such materials unused and in perfectly

good condition at the time of completion or

determination of the contract shall be returned to.

Ambernath Municipal Council stores, if the

Chief Officer so requires by a notice in writing given

under his hand, but the contractor shall not be

entitled to return any such material except with

consent of the Chief Officer and he shall have no

claim for compensation on account of any such

material supplied to him as aforesaid but remaining

unused by him or for any wastage in or damage to

any such materials.

Clause 12 (A) : All stores of controlled

materials such as cement, steel etc. supplied to the

contractor by Ambernath Municipal Council should

be kept by the contractor under lock and key and

will be accessible for inspection by the Chief Officer

or his agent at all times.

Clause 13: The contractor shall execute the

whole and every part of the work in the most

sustained and workmanlike manner and both as

regards materials and every other respect in strict

accordance with specifications. The contractor shall

also confirm exactly fully and faithfully to the

Works to be

executed in

accordance with

specifications,

drawings, orders

etc.

designs drawing and instructions in writing relating

to the work signed by the Chief Officer and lodged

in this office and to which the contractor shall be

entitled to have access for the purpose of

inspection at such office or on the site of the work

during office hours. The contractor will 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. Further copies of the contract drawings and

working drawings if required by him, shall be

supplied at the rate of Rs.100 per set of contract

drawing and Rs.100 per working drawing except

where otherwise specified.

Clause 14 : The Chief Officer shall have

power to make any alterations in or additions to

the original specifications, drawings, designs and

instructions that may appear to him to be

necessary or advisable during the progress of the

work and the contractor shall be bound to carry out

the work in accordance with any instructions in this

connection which may be given to him in writing

signed by the Chief Officer and such alteration shall

not invalidate the contract and any additional work

which the contractor may be directed to do in the

manner above specified as part of the work shall be

carried out by the contractor on the same

conditions in all respect on which he agreed to do

the main work, and altered work include any class

of work at the same rates as are specified in the

tender for the main work. And if the additional and

altered work includes any class of work for which

no rate is specified in this contract then such class

of work shall be carried out at the rates entered in

the Schedule Rates of PWD or at rates mutually

agreed upon between the Chief Officer and the

contractor, whichever are lower, if the additional or

altered work, for which no rate is entered in the

schedule of rates of the PWD, as ordered to be

carried out before the rates are agreed upon them

the contractor shall within seven days of the date

Rates for

works not

entered in

estimate, or

schedule of

rates of the

district.

Alternation in

specification

and designs

not to invalid

dated

contracts.

of receipt by him of the order to carry out the

work, inform the Chief Officer of the rate which is

enter on to charge for such class of work, and if the

Chief Officer does not agree to this rate he shall be

notice in writing be at liberty to cancel his order to

carry out such class of work and arrange to carry

out in such manner as he may consider advisable,

provided always that if the contractor shall

commence work or incurs any expenditure in

regard thereto before the rates shall have been

determined as lastly herein before mentioned,

there in such case he shall only be entitled to be

paid in respect the work carried out or expenditure

incurred by him prior to the date of the

determination of the rate as aforesaid occurring to

such rate/rates as shall be fixed by the Chief

Officer. In the event of a dispute, the decision of

the Chief Officer will be final.

Where, however, the work is to be executed

according to the designs, drawings and

specifications recommended by the contractor and

accepted by the competent authority the alteration

above referred to shall be within the scope of such

designs, drawings and specification appended to

the tender.

The time limit for the completion of the work

shall be extended in the proportion that the

increase in its cost occasioned by alternations or

additions to the cost of the original contract work

and the certificate of the Chief Officer as the

proportion shall conclusive.

Clause 15 : If at any time after the execution

of the contract documents the Chief Officershall for

any reason whatsoever (other than default on the

part of the contractor for which the Ambernath

Municipal Council is entitled to rescind the contract)

desires that the whole or any part of work specified

in the tender should be suspended for any period

or that the whole or part of the work should not be

carried out at all he shall give to the contractor a

Extension of

time in

consequence

of additions of

alterations.

No claim to

any payment

or

compensation

for alteration

in or

restriction of

work.

notice in writing of such desire and upon the

receipt of such notice the contractors shall

forthwith suspend or stop the work wholly or in

part required, after having due regard to the

appropriate stage at which the work should be

stopped or suspended so as not to cause any

damage or injury to the work already done or

endanger the safety thereof provided that the

decision of the engineer as to 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 extended specified hereinafter.

(2) Where the total suspension of the

worked ordered 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 to the work by giving a 10

days prior notice in writing to the Engineer within

30 days of the expiry of the said period of 90 days,

of such intention and requiring the Engineer to

record the final measurement of the work already

done and to pay final bill, upon giving such notice

the contractor shall be deemed to have been

discharged from his obligation 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 be 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.

No claim to

compensation on

account of loss due

to delay in supply of

materials by

(3) Where the Engineer required the

contractor to suspend the work for period in excess

of 30 days of any time or 60 days in the aggregate,

the contractor shall be entitled to apply the Chief

Officer within 30 days of the resumption of work

after such suspension for payment of compensation

to the extend of pecuniary loss suffered by him in

respect of working machinery rendered idle on the

site or on the account of his having and to pay the

salary or wages of labour engaged by him during

the said period of suspension provided always that

the contractor shall not be entitled to any claim in

respect of any such working machinery, salary or

wages for the first 30 days whether consecutive or

in the aggregate of such suspension or in respect of

any suspension whatsoever occasioned by

unsatisfactory work or any other default on his

part. The decision of Chief Officer in this regard

shall be final and conclusive against the contractor.

(4) In the event of –

(i) Any total stoppage of work on notice

from the Engineer under sub clause

(1) in that behalf

(ii) Withdrawal by the contractor from the

contractual obligation to complete the remaining

unexecuted work under sub-clause (2) on account

of continued suspension of work for a period

exceeding 90 days.

(iii) Curtailment in the quantity of item or

items originally tendered on account of any

alteration, omission or substitution in the

specification, drawing, designs or instructions

under clause 14 (1) where such curtailment

exceeds 25% in quantity and the value of the

quantity curtailed beyond 22 percent at the rates

for the item specified in the tender is more than

Rs.5000/-

(iv) It shall be upon to the contractor, within

90 days from the service of (i) the notice of

stoppage of work or (ii) the notice of withdrawal

from the contractual obligation under the contract

on account of the continued suspension of work or

(iii) notice under clause 14 (1)resulting in such

curtailment to produce to the Chief Officer

satisfactory documentary evidence that he had

purchased or agreed to purchase material for use

in the contracted work, before receipt by him to the

notice of stoppage, suspension or curtailment and

require Ambernath Municipal Council to take over

on payment such material at the rate determined

by the Chief Officer provided however such rates

shall in no case exceed the rates at which the same

was required by the contractor. The contractor

shall thereafter take over the material so offered

provided quantities offered, are not in excess of the

requirement of the unexecuted work as specified in

the accepted tender and or of quality and

specifications approved by the Engineer

Clause 15 A – The contractor shall not be

entitled to claim any compensation from

Ambernath Municipal Council in the loss suffered by

him on account of delay by Ambernath Municipal

Council. In the supply of materials entered in

Schedule A where such delay is caused by

(i) Difficulties relating to the supply of railways wagons.

(ii) Force majors.

(iii) Act of God

(iv) Act of enemies of the State or any

reasonable cause beyond the contract of

In the case of such delay in the supply of

materials Ambernath Municipal Council shall grant

such extension of time for the completion of the

works as shall appear to the Chief Officer be

No claim to

compensation on

account of loss due

to delay in supply of

materials by

No claim to

compensation

on account

loss due to

delay in

supply of

materials by

reasonable in accordance with the circumstances of

the case. The decision of The Chief Officer as to the

extension of time shall be accepted as final by the

contractor.

Clause 16: Under no circumstances,

whatever shall the contractor be entitled to and

compensation from Ambernath Municipal Council

on any account unless the contractor shall have

submitted a claim in writing to the Chief Officer

within one month of the cause of such claim

occurring.

Clause 17: Action and Compensation payable

in case of bad work.

If any time before the Security Deposit or

any part thereof is refunded to the Contractor it

shall appear to the Chief Officer or his Sub-

Ordinate in charge of the work, that any work has

been executed with unsound, imperfect or unskilled

workmanship or with materials of inferior quality,

or that any materials or articles provided by him

for execution of the work are unsound or of a

quality inferior to that contracted for, or are

otherwise not in accordance the with contract, it

shall be lawful for the Chief Officer to intimate this

fact in writing to contractor and then

notwithstanding the fact that the work, materials or

articles complained of may have been in

advertently passed, certified and paid for the

contractor shall be bound fourth with to rectify, or

remove and reconstruct the work so specified in

whole or in part, as the case may require or if so

required shall remove the materials or articles so

specified and provided other proper and suitable

materials or articles at his own charge and cost and

in the event of his failing to do so within a period to

be specified by the Chief Officer & cost and in the

written intimation aforesaid, the contractor shall be

liable to pay compensation at the rate of 1% the

amount of the estimate for every day not

exceeding 10 days, during which the failure so

Time limit

unforeseen

claims.

Action and

compensation

payable in

case of bad

work

continuous and in the case of any such failure the

Chief Officer may rectify or remove and re-execute

the work of remove and replace the materials or

articles complained or as for case may be at the

risk and expenses in all respect of the contractor

should be Chief Officer consider that and such

inferior work or materials as described above he

accepted or made use of it shall be within his

description to accept the same at such reduced

rates as he may fix therefore.

Clause 18 : All work under or in course of

execution or executed in pursuance of the contract

shall at all times be open to inspection and

supervision of the Chief Officerand his subordinates

and the contractor shall at all times during the

usual working hours and all other times at which

reasonable notice of the intention of the Chief

Officer and his subordinates and the contractor

shall at all times during the usual working hours

and all other times at which reasonable notice of

the intention of the Chief Officer and his

subordinate to visit the work shall have been given

to the contractor either himself be present to

receive order and instruction for have a responsible

agent duly a accredited in writing present for that

purpose. Orders given to the contractor’s duly

authorized agent shall be considered to have the

same force and effect as if they have been given to

the contractor himself.

Clause 19 : The contractor shall give not less

than 5 day’s notice in writing to the Chief Officer or

his subordinate in charge of the work before

covering up or otherwise placing beyond the reach

of measurement any work in order that the same

may be measured and correct dimensions thereof

taken before the same is so covered up or placed

beyond the reach of measurement and shall not

cover up or place beyond the reach of

measurement any work without the consent in

writing of the Chief Officer or his subordinate in

Work to be

open to

inspection

Notice to be given

before work is

cover up.

Contractor or

responsible agent to

be present.

charge of the work, and if any work shall be

covered up or placed beyond the reach of

measurement, or without such notice having been

or consent obtained the same shall be uncovered at

the contractor’s expense, and in default thereof no

payment or allowance shall be made for such work

or for the materials with which the same was

executed.

Clause No.20 :- Contractor liable for damage

done or for imperfections

If during the period of 6 months / from the

date of completion as certified by the Chief Officer

pursuant to Clause 7 of the contract in the opinion

of the Engineer, the said work is defective in any

manner whatsoever, the contractor shall forth with

on receipt of notice in that behalf from the

Engineer, duly commence execution and

completely carry out at his cost in every respect all

the work that may be necessary for rectifying and

setting right the defect specified therein including

dismantling and reconstruction of unsafe portions

strictly in accordance with and in the manner

prescribed and under the supervision of the

Engineer. In the event of the contractor failing or

neglecting to commence execution of the said

rectification work within period prescribed therefore

in the said notice or to complete the same as

aforesaid as required by the Engineer get the same

executed and carried out departmentally or by, any

other agency at the risk on account and at the cost

of the contractor. The Contractor shall forthwith on

demand pay to Ambernath Municipal Council the

amount of such costs, charge and expenses

sustained or incurred by the Ambernath Municipal

Council of which the certificate of the Engineer shall

be final and binding on the contractor. Such costs,

charges and expenses shall be deemed to be

arrears of land revenue and in the event of the

contractor failing or neglecting to pay same on

demands as aforesaid without prejudice to any

other right and remedies Ambernath Municipal

Council the same may be recovered from the

contractor as arrears of land revenue. The

Ambernath Municipal Council shall also be entitled

to deduct the same from any amount which may

then the payable or which may there after become

payable by the Ambernath Municipal Council to the

contractor either in respect of the said work or any

other work whatsoever or from the amount of

security deposit retained by Ambernath Municipal

Council.

Clause 21: The contractor shall supply at his

own cost all material (except such special

materials, if any as may, in accordance with the

contract, be supplied from the Ambernath Municipal

Council. stores), plant, tools, appliances, ladders,

ordage, tackle scaffolding and temporary works

requisite or proper for the proper execution of the

work, whether in the original, altered or substituted

forming, and whether included in the specification

or other documents form part of the contract or

referred to in these conditions or not and which

may be necessary the purpose of satisfying or

complying with the requirements.

Of the Chief Officer as to any matter as to

any matter as to which under these conditions he is

entitled to be satisfied or which he is entitled to

require together with the carriage therefore to and

from the work. The contractor shall also supply

without charge the requisite number of persons

with the means and materials necessary for the

purpose of setting out work and counting, weighing

and assisting in the measurement or examination

at any time and from time to time of the work or

the materials, failing which the same may be

provided by the Chief Officer at any expense of the

contractor and the expenses may be deducted from

any money due to the contractor under the account

or from his security deposit or the proceeds of sale

thereof, or of a sufficient portion thereof. The

Contractor to supply

plant, ladders,

scaffolding etc.

contractor shall provide all necessary lancing and

lights required to protect the public form accident,

and shall also be bound to bear the expenses of

defense of every suit, action or other legal

proceeding 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

proceeding to any such person, or which may with

the consent of the contractor to paid for

compromising any claim by any such person.

Clause 21 A – The contractor shall provide

suitable scaffolds and working platforms gangways

and stairways and shall comply with the following

regulation in connection herewith.

(a) Suitable scaffolds shall be provided for

workman for all works that cannot be safely done

from a ladder or by other means.

(b) A scaffold shall not be contracted, taken

down or substantially altered except.

(i) Under the supervision of a competent

and responsible person &

(ii) As far possible by competent workers

processing adequate experience in this kind of

work.

(c) All scaffolds and appliance connected

therewith and ladders shall.

(i) Be of sound material

(ii) Be of adequate strength having regard to

the loads and strain to which they will be subjected

and be maintained in proper condition.

(d) Scaffolds shall be so constructed that no

part thereof can be displacing in consequence of

normal use.

etc.

(e) Scaffolds shall not be overloaded and so

far as practicable the load shall be evenly

distributed.

(f) Before installing lifting gear on scaffolds

special precautions shall be taken to ensure the

strength and stability of the scaffolds.

(g) Scaffolds shall be periodically inspected

by a competent person.

(h) Before allowing a scaffold to be used by

his workman the Contractor shall whether the

scaffold has been erected by his workmen or not,

take steps to ensure that it complies fully with the

regulations herein specified.

(i) Working Platform gangway stairways shall –

i) Be so constructed that no part thereof can

sang unduly or unequally.

ii) Be so constructed and maintained having

regard to the prevailing condition as to reduce as

far as practicable risks of persons tripping or

slipping and

iii) Be kept free from any unnecessary obstruction.

(J) In the case of working platform,

gangways, working places and stairways at a

height exceeding 25 Meters (To be specified)

i) Every working platform and every

gangway shall be closely boarded unless other

adequate measures are taken to ensure safety.

ii) Every working platform and gangway shall

have adequate with an

iii) Every working platform, gangway,

working place and stairway shall be suitable

fenced.

(k) Every opening in the floor of a building or

in working platform shall except for the time and to

the extent required to allow the excess of persons

or the transport of shifting of material, be provided

with suitable means to prevent the fall of persons

or material.

(l) When persons are employed on a roof

where there is a danger of falling from a height

exceeding 2.5 meter suitable precautions shall be

taken to prevent the fall of persons or material (To

be prescribed)

(m) Suitable precautions shall be taken to

prevent person being stuck by articles which might

fall from scaffolds or other working places.

(n) Safe means of access shall be provided

to all working platforms and other working places.

(o) The contractor’s will have to make

payment to the laborers as per minimum Wages

Act.

Clause 21 B – The contractor shall comply

with the following regulations as regards the

Hoisting Appliance to be used by him:

(a) Hoisting machines and tackle, including their

attachment, anchorages and supports shall –

(i) Be of good mechanical construction,

sound material and adequate strength and free

from patent defect and

(ii) Be kept in good repair and in good working order.

(a) Every rope used in hoisting or lowering

materials or as a means or suspension shall be

of suitable quality and adequate strength and

free from patent defect.

(b) Hoisting machines and tackle shall be examined

and adequately tested after erection on the site

and before use and be re-examined in position

at intervals to be prescribed by the machine

operators.

(c) Every chain, ring hook, shackle, swivel and

pulley block used in hoisting or lowering

materials or as means of suspension shall be

periodically examined.

(d) Every crane driver or hoisting appliance

operator shall be properly qualified.

(e) No person who is below the age of 18 years

shall be in control of any hoisting machine,

including any scaffold which, or give signals to

the operator.

(f) In crane of the every hoisting machine and of

every chain, ring, hook, shackle, swivel and

pulley block used in hoisting or lowering or as a

means of suspension, the safe working load

shall be ascertained by adequate means.

(g) Every hoisting machine and all gear referred to

in preceding regulation shall be plainly marked

with the safe working load.

(h) In the case of a hoisting machine having a

variable safe working load each safe working

load and the conditions under which it is

applicable shall be clearly indicated.

(i) No parts of any hoisting machine or of any gear

referred to in regulation 7 above shall be loaded

beyond the safe working load except for the

purpose of testing.

(j) Motors, gearing transmissions, electric writing

and others dangerous part of hosting appliance

shall be provided with efficient safeguards.

(k) Hosting appliance shall be provided with such

means as will reduce to a minimum the risk of

accidental descent of the load.

(l) Adequate precaution shall take to reduce to a

minimum the risk of any part of a suspended

load becoming accidentally displaced.

Clause 22: The contractor shall not set fire

to any standing jungle, trees brushwood or grass

without a written permit from the Executive

Engineer

When such permit is given, and also in all

cases when destroying cut or dug up trees,

brushwood grass etc. by fire the contractor shall

taken necessary measures to prevent such fire

spreading to or otherwise damaging surrounding

property.

The contractor shall make his own

arrangements for drinking water for the labour

employed by him.

Clause 23 : Compensations for all damages

done intentionally or unintentionally by contractors

labour whether in or beyond the limits Ambernath

Municipal Council, property including any damage

caused by the spreading of such mentioned in

clause 22 shall be estimated by the Chief Officer or

such other officer as he may appointed and the

estimates of the Chief Officer shall be final and the

contractor shall be bound today the amount of the

assessed compensation on the demand failing

which the same will be recovered from the

contractor from the contractor as damage in the

Measuring for

prevention

fire.

Liability of

contractor for

any damage

done in or

outside work

area.

manner prescribed in clause I or deducted by the

Chief Officer from any sums that may be due or

become due from Ambernath Municipal Council to

contractor under this contract or otherwise.

The contract shall bear the expenses of

depending any action or other legal proceeding that

may brought by any persons or for injury sustained

by him owing to neglect of precautions to prevent

the spread of fire and he shall pay damages and

cost that may be awarded by the court in

consequence.

Clause 24: The employment of female

laborers on works in neighborhood or soldiers’

barracks should be avoided as far as possible. The

contractor shall employ the laborers with the

nearest employment exchange.

Clause 25: No work shall be done on Sunday

without the sanction in writing of the Chief Officer

Clause 26 : The contract or shall not be

assigned or sublet without the written approval the

Chief Officer and if the contractor shall assign or

sublet his contract, or attempt do so, or become

insolvent or commence any proceeding to get.

Himself adjudicated and insolvent or make

any compensation with his creditors or attempt so

to do if bride gratuity, gift, loan, perquisite reward

or advantage pecuniary or otherwise shall either

directly be given, promised, or offered by the

contractor or any of his servants or agents to any

public officer or person in the employ of in any way

Employment

of female

labour.

Work on

Sunday

Work not be

sublet.

Contract may

be rescined

and security

deposit.

Forfeited for subletting

it without approval or

for bribing a public

officer or if contractor

becomes in solvent .

relating to his officer or employment, or if any such

officer or person shall become in any way directly

or indirectly interested in the contract, the Chief

Officer may thereupon by notice in writing rescind

the contract, and the security deposit of the

contractor shall thereupon stand forfeited and be

absolutely ate the disposal of Ambernath Municipal

Council and the same consequences shall ensure as

if the contract had been rescind under clause 3

thereof and in addition the contractor shall not be

entitled to recover or be paid for any work thereof

actually performed under the contract.

Clause 27: All sums payable by a contractor

by way of compensation under any of these

conditions shall be considered as reasonable

compensation to be applied to the use of

without reference to the actual loss or

damage sustained, and whether any damage his or

has not been sustained.

Clause 28: In the case of tender by partners,

any change in the constitution of firm shall be

forthwith notified by the contractor to the Chief

Officer for his information.

Clause 29: All work to executed under the

contract shall be executed under the direction and

subject to all approval in all respect of the Chief

Officer of the Ambernath Municipal Council,for the

time being, who shall be entitled to direct at what

point or and in what manner they are to be

commenced and from time to time carried on.

Sum payable by way of

compensation to be

considered as

reasonable

compensation without

reference to actual loss.

Changes in the

constitution of firm

to be notified

Direction and

control of

superintending

Engineer

Clause 30 : (1) Except where otherwise

specified in the contract and subject to the powers

delegated to him by under the code rules then in

force the decision on the Chief Officer of the

Ambernath Municipal Council for the time being

shall be final conclusive, and binding on all parties

of the contract upon all question relating to the

meaning of the specifications, designs, drawings

and instructions herein before mentioned and as to

the quality of workmanship, or materials used on

the work, or as to any other question, claim, right,

matter or things whatever, in any way arising out

of or relating to the contract designs, drawings,

specifications, estimates, instruction, orders or

these conditions, or otherwise concerning the

works, or the execution or failure to execute the

same whether arising during the progress of the

work, or after the completion or abandonment

thereof

This clause is not an Arbitration Agreement.

(2) The contract may within thirty days of

receipt by him of any order passed by the

Superintending Engineer of the Ambernath

Municipal Council concerned with the contract work

or project provided that :

(a) The accepted value of contract exceeds

Rs.10 lakh (Rupees Ten Lakhs).

(b) Amount of claim is not less than 1 lakh

(Rupees one lakh)

Decision and control

of Superintending

Engineer

(3) The decision of Chief Officer, Ambernath

Municipal Council, will be final and binding on

contractor.

Clause 31 : The contractor shall obtain from

the Ambernath Municipal Council all stores and

articles of European or American manufacture

which may be required for the work, or any part

thereof in making up any articles required thereof

or in connection therewith unless he has contained

permission in writing from the Chief Officer to

obtain such stores and articles elsewhere. The

value of such stores and articles as may be

supplied to the contractor by the Chief Officer will

be debited to the contractor in his account at the

rates shown in the schedule in form A attached to

the contract and if they are not entered in the said

schedule they shall be debited to him at cost price

which for the purpose of this contract shall include

the cost of carriage and all other expenses

whatsoever which shall have been incurred in

obtaining delivery of the same at the stores

aforesaid

Clause 32 – Where the estimate on which a

tender is made includes lump sums in respect or

parts of the work the contractor shall be entitled to

payment in respect to the items of work involved or

the part of the work in question at the same rates

as are payable under this contract for each item, or

if the part of the work in question is not in the

opinion of the Chief Officer capable of

measurement, the Chief Officer may at this

discretions pay the lump sum amount entered in

Store of European

or American

manufacture to be

obtained from

council

Lump sums in

estimate.

the estimate, and the certificate in writing of the

Chief Officer shall be final and conclusive against

the contractor with regard to any sum of sums

payable to him under the provisions of this clause.

Clause 33 – In the case on any class of

work, for which there is no such specification as in

mentioned in Rule 1 such work shall be carried out

in accordance with the Ambernath Municipal

Council specification, and in the event of there

being no Ambernath Municipal Council prescribed

specification, then in such case the works shall be

carried out in all respect in accordance with all

instruction and requirement of the Chief Officer.

Clause 34 – The expression works or work

where used in these conditions shall unless there

be something in the subject or contract repugnant

to such constructions, be constructed to mean the

works constructed to be executed under or in

virtue of the contract, whether original altered

substituted or additional.

Clause 35 – The percentage referred to in

the tender shall deduct from added to the gross

amount of the bill before deducting the value of

any stock issued.

Clause 36 – All quarry fees, royalties, and

ground rent for stocking materials, if any should be

paid by the contractor.

Clause 37 – The contractors shall be

responsible for and shall pay any compensation to

his workmen payable under the workmen’s

Action where on

specifications.

Definition of

work.

Contractor’s

percentage

whether applied

to net or gross

amount of bill

Refund of query

less and

royalties.

Compensation

under

workmen’s

compensate on

Act.

Compensation Act.1923 (VIII of 1923)(hereinafter

called the said Act ) for injuries caused to the

workmen. If such compensation is payable paid by

Ambernath Municipal Council as principal under

section (1) of section 12 of the said Act on behalf

of the contractor it shall be recoverable by from the

contractor under sub section (2) of the said

section. Such Compensation shall be recovered in

the manner laid down in clause 1 above.

Clause 37 A – The contractor shall be

responsible for and shall pay the expenses of

providing medical aid to any workman who may

suffer a bodily injury as a result of an accident. If

such expenses are incurred by

Ambernath Municipal Council the same shall be

recoverable from the contractor forth with and be

deducted without prejudice to any other remedy of

from any amount due or that may become due to

the contractor.

Clause 37 B – The contractor shall provide all

necessary personal safety equipment and first aid

apparatus for the use of the persons employed on

the site and shall maintain the same in condition

suitable for immediate use at any time and shall

comply with the following regulations in connection

therewith.

(a) The workers shall be required to use

the equipment so provided by the contractor and

the contractor shall take associate to ensure proper

use of the equipment those concerned.

(b) When work is carried on in proximity

to any place where there is a risk of drawing all

necessary equipment shall be provided and kept

ready for use and all necessary steps shall be taken

for prompt rescue of any person in danger.

(c) Adequate provision shall be made for

prompt first aid treatment of all injuries likely to be

sustained during the course of the work.

Clause 37 C – The contractor shall duly

employ with the provision of The Apprentices Act

1962 (III of 1986) the rules made there under and

the orders that may be issued from time to time

under the said Act and the said Rules and on his

failure or neglect to do so he shall be subject to all

the liabilities and penalties provided by the said Act

and Said Rules.

Clause 38 -

1) Quantities in respect of the several items shown

in the tender are approximate and no revision in

the tendered rate shall be permitted in respect

of any of the items so long as subject to any

special provision contained in specifications

prescribing a different percentage of permissible

variation, the quantity of the item does not

exceed the tender quantity by more than 25

percent and so long as the value of the excess

quantity beyond this limit at the rate of item

specified in the tender is not more than Rs.

5,000/-

Claim for quantities

entitled in the

tender or estimates.

2) The contractor shall if ordered in writing by the

Engineer so to do, also carry out any quantities

in excess of the limit mentioned in sub clause

(1) here of on the same conditions as and in

accordance with the specification in the tender

and at the rates (i) derived from the rates

entered in the current schedule of rates and in

the absence of such rates (ii) at the rate

prevailing in the market. The said rates being

increased or decreased as the case may be by

the percentage which the total tendered amount

bears to the estimated cost of the work as put

to tender based upon the schedule of rates

applicable to the year in which the tenders were

invited ( for the purpose of operation of this

clause, this cost shall be taken to be as

3) C

laims arising out of reduction in the tendered

quantity of any item be beyond 25 percentage

will be governed by the provision of clause 15

only when the of such reduction beyond 25

percent at the rate of the item specified in the

tender is more than Rs. 5,000/-

4) This clause is not applicable to extra items.

5) There is no change in the rate & the excess is

more than 25% of the tendered quantity but the

valve of the excess work at the tendered rates

does not exceed Rs. 5000/-

Rs.499997 Rupees Four Lakh NinetyNine Thousand Nine Hundred NinetySeven Only

Clause 39 – The contractor shall employ any

famine convict or other labour of the particular kind

or class if ordered in writing to do so by the Chief

Officer

Clause 40 – No compensation shall be

allowed for any delay caused in the starting of the

work on account of any acquisition of any land or in

the case of clearance works, on account of any

delay in according sanction to estimates.

Clause 41 – No compensation shall be

allowed for any delays in the execution of the work

on account of water standing in borrow pits or

compartment. The rates are inclusive for hard or

cracked soil, excavation in mud, sub soils, water

standing in borrow pit and no claim for an extra

rate shall be entertained, unless otherwise

expressly specified.

Clause 42 – The Contractor shall not enter

upon or commence any portion of work except with

the written authority and instruction of the Chief

Officer or of his subordinate in charge of the work.

Failings such authority the contractor shall have no

claim to ask for measurement of or payment for

work.

Clause 43 – (i) No contractor shall employ

any person who is under the age of 18 years.

(ii) No contractor shall employ donkeys or other

animals with breeching of string or thin rope. The

breeching must be at least three inches wide and

should be of tape (Nawar)

Claim for

compensation

delay in starting

the work

Claim for

compensation

for delay in

execution of

work

Entering upon

of commencing

any portion of

work

(iii) No animal suffering from scores, lameness or

emaciation or which is immature shall be employed

on the work.

(iv) The Chief Officer or his agent is authorized to

remove from the work, any person or animal found

working which does not satisfy these conditions

and no responsibility shall be accepted by

Ambernath Municipal Council, for any delay caused

in the completion of the work by such removal.

(v)The contractor shall pay fair and reasonable

wages to the workmen employed by him, in the

contract undertaken by him. In the event of any

dispute arising between the contractor and his

workmen on the grounds that the wages paid are

not fair and reasonable the dispute shall be

referred without delay to the Chief Officer who shall

decide the same. The decision of the Chief Officer

shall be conclusive and binding on the contractor

but such decision shall not in any way, affect the

condition. In the contract regarding the payment to

be made by Ambernath Municipal Council at the

sanctioned tender rates.

(vi) Contractor shall provide drinking water

facilities to the workers similar amenities shall be

provided to the workers engaged on large work in

urban areas.

(vii) All facilities provided in the contract labour

(Regulation and Abolition in Rule 1971) should be

provided.

Minimum age of

persons

employed, the

employment of

donkeys and /

or other animals

and the

payments of fair

wages

Method of

payment

Acceptance of

conditions

compulsory

before

tendering for

work

Clause 44 – Payment to contractor shall be

made cheque drawn on any bank within the

Ambernath Municipal Council, limits convenient to

them provided the amount exceeds Rs.100/-

Amount not exceeding Rs. 100 will be paid in cash.

Clause 45 – Any contractor who does not

accept these conditions shall not be allowed to

tender for works.

Clause 46 – If Government declares a state

of scarcity or famine to exist in any village situated

within 16 km of the work, the contractor shall

employ upon such parts of the work, as are

suitable for unskilled labour any person certified to

him by the Chief Officer, or be any person to whom

the Chief Officer may have deluged this duty in

writing to be in need of relief and shall be bound to

pay to such person wages not below the minimum

which may have fixed in this behalf. Any disputes

which may arise in connection with the

implementation on this clause shall be decided by

the Chief Officer whose decision shall be final and

binding on the Contractor.

Clause 47 – The price quoted by the

contractors shall not in any case exceed the control

price, if any fixed by Ambernath Municipal Council,

or reasonable price which it is permissible for him

to charge a private purchaser for the same class

and description the controlled price or the price

permissible under Hoarding and Profiteering

Ordinance. 1948 as amended from time to time. If

the price quoted exceeds the controlled price or the

Employment of

scarcity Labour.

price permissible under Hoarding and Profiteering

Prevention Ordinance the contractor will specifically

mention this fact in his This Discretion will be

exercised without prejudice to any other action that

may be taken against the contractor.

Clause 47 A – The tendered rates shall be

inclusive of all taxes and shall also be inclusive of

the tax leviable in respect of works contract under

the provision of the Maharashtra sales tax in

transfer of property or goods involved in the

execution of works contract Act 1985 (Maharashtra

Act No. XIX of 1985)

Clause 48 – The rates to be quoted by the

contractor must be inclusive of sales Tax. No. extra

payment on this account will made to the

contractor.

Clause 49 – In case of materials that may

remain surplus with the contractor from those

issued for the work contracted for, date of

ascertainment of the materials being surplus will be

taken as the date of sale for the purpose of sales

tax and the sales tax will be recovered on such

sale.

Clause 50- The Contractor shall employ at

least 80 percent of the total number of unskilled

labour to be employed by him on the said work

from out of persons ordinary residing in the district

in which site of the said work is located.

Providing, however that if the required number of

unskilled labour from that district is not available,

the contractor shall in the first instance employ

such number of persons as is available and

thereafter may with the previous permission in

writing of the Chief Officer-in-charge of the said

work, obtain the rest of the requirement of

unskilled labour from outside district.

Clause 51- The contractor shall pay the

laborers’ skilled and unskilled according to the

wages prescribed by the Minimum Wages Act

applicable to the area in which the work of the

contractor is in Progress.

Clause 52 – All amounts Whatsoever which

the contractor is liable to pay to Municipal Council

in connection with the execution of the work

including the amount payable in respect of (I)

materials and / or stores supplied / issued here

under by the Municipal Council to the contractor

(II) hire charges in respect of heavy plant,

machinery and equipment

given on hire by the Municipal Council to the

Contractor for execution by him of the work and /

or on which advances have been given by the

Council to the contractor shall be deemed to be

arrears of Land Revenue and the Council may

without prejudice to any other rights and remedies

of the Council recover the same from the

contractor as arrears of revenue.

Clause 53 – The contractor shall duly employ

with all the provisions of the contract labour

(Regulation and Abolition) Act 1970 (37 of 1970)

and the Maharashtra Contract Labour (Regulation

and Abolition) Rules, 1971 as amended from time

to time and relevant status and statutory

provisions thereof concerning payment of wages

particularly to workman employed by the

contractor and workmen on the site of work. In

particulars the contractor shall pay wages to each

worker employed by him on the site of the

work at the rates prescribed under this

Maharashtra Contractor Labour (Regulation and

Abolition) Rules, 1971 if the contractor fails or

neglects to pay wages at the said rates or makes

short payment and Municipal Council makes such

payment of wages in full or part thereof fees paid

by the Contractor, as the case may be the amount

so paid by Municipal Council to such workers shall

be deemed to the arrears of land revenue and the

Municipal Council shall be entitled to recover the

same as such from the contractor or deduct the

same from amount payable by the Municipal

Council to the contract or hereunder or from any

other amounts payable to him by the Ambernath

Municipal Council, (Insert vide Govt. PWD circular

No. CAT 1284/120) Building dt 14.08.1985

Accompaniments to the 54 G.R. PWD No.

BGD1979/64188 (358) Desk-2 dt 4.02.1981

Clause 54 - The Contractor shall comply

with the provisions of the Apprentices Act, 1967

and the rules and orders issued there under from

time to time. If he falls to do so this failure will be

breach of the contract and the Superintending

Engineer may in his discretion cancel the contract.

The contractor shall also be liable for any pecuniary

liability arising on account of any violation by him

of the provisions of the Act.

Clause 55 - Govt. of Maharashtra PWD

Resolution No. CAT – 1086/CR-243/K/Bldg. Dated

11/8/1987.

Clause 56– The Contractor shall engage

apprentices such as brick, layer, carpenter, wire-

men, plumber as well as blank smith recommended

by the State Apprenticeship Advisor, Director of

Technical Education, Dhobi Talaw, Mumbai –

400001, in the construction work (As per

Government of Maharashtra, Education Department

circular No. TSA/5170/T/56689, dated 7/7/1972.

Clause 57 –Maharashtra Act XIX of 1985 Turnover

of Tax:The tendered rates shall be inclusive of all

taxes, rates and cases and shall also be inclusive of

the tax payable in respect of works contract under

the provision of the Maharashtra Sales tax on

transfer of property in goods involved in the

execution of work contract. Act 1985 (Maharashtra

Act. No. XIX of 1985)

Clause 58 – Anti Malaria & other health measures:

(A) The anti malaria and other health measures shall

be taken by the contractor and directed by the

Joint Director Malaria and Filarial) of Health

Services, Pune.

(B) Contractor shall see that mosquito genie conditions

are not created so as to keep vector population to

minimum level.

(C) Contractor, shall carry out anti malaria measures in

the area as per guidelines prescribed under

National Malaria Eradiation Programme and as

directed by the Joint Director ( M & F) of Health

Services, Pune.

(D) In case of default in carrying out prescribed anti

malaria measures resulting in increases in malaria

incidence, contractor shall be liable to pay to

Ambernath Municipal Council the amount spent by

Ambernath Municipal Council on anti malaria

measures to control the situation in addition to

fine.

Relation with Public Authorities:

(E) The contractor shall make sufficient arrangement

for draining away the sullage water as well as

water coming from the bathing and washing places

and shall dispose of this water in such a way as not

cause any nuisance. He shall also keep the

premises clean by employing sufficient number of

sweepers.

The contractor shall comply with all rules,

regulations, by laws and directions given from time

to time by any local or public authority in

connections with this work and shall pay fees or

charges which are livable on him without any extra

cost to Ambernath Municipal Council.

PRICE VARIATION CLAUSE is Deleted

Schedule – A

Schedule showing (approximately) the material to be supplied from Ambernath Municipal

Council Stores for work contracted to be executed and preliminary and ancillary work and the

rate at which they are to be charged for

Particulars Rate at which the materials will be charged to the

Contractor

Place of delivery

Unit In figures In words

NIL

Note No.1 – The person of firm submitting the tender should see that the rates in the above

schedule are filled up by the Chief Officer on the issue of the form prior to the submission of the

tender.

Signature of Contractor: Signature of Chief Officer



,AMBARNATH (W)

GENERAL SCOPE OF WORK AND DEFINATIONS

1) Location: - In city area of Ambernath Municipal Council, Ambernath

1.1 The work consist of excavation,providing and erecting street ligh and other works.

1.2 The boundaries of the road shall be properly marked with boundary stone on both

sides fixed firmly in ground in C.C.

1.3 Work will be started in the available land immediately.

1.4 No compensation or claim will be entertained if there is delay in handling over the

land or acquisition of land.

1.5 Providing and laying cement concrete of required grade

1.6 All the works mentioned in schedule B.

2) Definitions:

Unless excluded by or repugnant to the context.

2.1) The expression “A.M.C” as used in the tender papers shall mean the

Ambernath MunicipalCouncil, Ambernath.

2.2) The expression “Department” as used in the tender papers shall mean the Public

Work Department of the Ambernath Municipal Council, Ambernath.

2.3) The expression “City Engineer” as used anywhere in the tender papers shall mean

City Engineer, of the Ambernath Municipal Council, Ambernath who is designated as

such.

2.4) The expression Plant as used in the tender papers shall mean every machinery

necessary or considered necessary by the City Engineer to execute; construct

complete and maintain the works and used in altered, modified, substituted and

additional work, ordered in the time and manner herein provided and all temporary

materials and special.

2.5) “Drawing” shall mean the drawings referred to in specifications and any

modifications of such other drawings as may from time to time be furnished or

approved in writing by the City Engineer.

2.6) “Chief Officer’s representative” means the Engineer in charge of work as notified by

Chief Officer The PMC (Project Management Consultant) for this work is city engg .

by Ambernath Municipal Council, Ambernath.

2.7) The “Site” shall mean the lands and /or other places on, under, in or through which

the road work is to be executed under the contract.

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

substituted work as required for performance of the Contract.

2.9) The “Contract” shall mean the tender notice, the offer and the tender documents

including the tender and acceptance thereof together with the documents referred to

therein,and the accepted conditions with annexure mentioned therein including any

special conditions, specifications, designs, drawings, price schedule / bill of quantities

and schedule of rates and common set of conditions / deviations. All these documents

taken together shall be deemed to form one contract and shall be complementary to

one another.

2.10) The “Contractor” shall mean the individual or firm or company whether incorporated

or not, undertaking the work and shall include legal representative of such individual

or persons comprising such firm or company as these as the case may be and

permitted, assigns of such individual or firm or company their successors, assigns.

2.11) The “Contract Sum” shall mean the sum for which the tender is accepted.

2.12) A “Day” shall mean a day of 24 hours from midnight irrespective of the number of

hours worked in that day.

2.13) A “week” shall mean seven consecutive days without regard to the number of hours

worked in any day in that week.

2.14) “Temporary works” shall mean all temporary work of every kind required in or about

the execution completion or maintenance of the works.

2.15) “Urgent works” shall mean any measures which, in the opinion of the City Engineer,

become necessary during the progress of the works to obviate any risk or

accident or failure or which become necessaryfor security of the work or the persons

working, thereon.

2.16) Where the context so requires, work importing the singular number only also

included the plural number and vice-versa.

2.17) Wherever there is mention of “Schedule of Rate” or simply DSR or Schedule Rates in

this tender it will be taken to mean as “The Schedule of the rate of Thane Public

Works, Thane

2.18) Supervision of work: The work will be supervised by Engineer in Charge appointed

by Ambernath Municipal Council city engrby Ambernath Municipal Council and

representative Engineer of Ambernath Municipal Council jointly.

GENERAL CONDITIONS OF CONTRACT

1. WORKS AND SITE CONDITIONS:-

1.1 General Description of Works:The details of works to be executed is noted in scope of

work

1.2 Supervision of Work:

The work will be executed under the supervision of City EngineerAmbernath Municipal

Council and his representative In case of this work city engr. AMC

1.3 Measurement of work:

Measurement of work will be taken by the AMC engr and representative of AMC

jointlyin presence of Contractor or his authorized representative. The measurement will

be recorded in MB and level book by the Engineer-in-charge of the Ambernath

Municipal Council. The set of measurement recorded in MB will be signed by AMC engr

and contractor. The cross sections drawn of the work shall also be signed by AMC /

Contractor / and Engineer – in charge of Ambernath Municipal Council. The chainage

marks, Bench Marks shall be maintained.

2. CONTRATOR TO INFORM HIMSELF FULLY:

2.1 The contractor shall be deemed to have examined the work and site conditions

regarding land including labour, the general and the special conditions. The

specification, schedules, drawings, he shall be deemed to have visited the site of work

and to have fully acquainted himself regarding the local conditions and carried out his

own investigations to arrive at rates quoted in the tender. In this regard he will be

given if shall have any doubt as to the meeting of any portion of these general

conditions or the special conditions or the scope of work or the specification and

drawings, or any matter concerning the contract he shall, in good time, before

submitting his tender, set forth the particulars thereof and submit them to the City

Engineer, Ambernath Municipal Council in writing in order that such doubts may be

clarified authoritatively before tendering.

Once a tender is submitted, the matter will be decided according to tender conditions,

in absence of any such authentic pre-clarification.

2.2 Errors, omissions and Discrepancies

2.2.1 Incase of errors and /or disagreement between written and scaled dimensions on the

drawing or between drawing and standard specifications etc the following order of

preference shall supply.

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

latter shall be adopted.

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

corresponding one in the specifications, the latter shall apply.

iii) Between the quantities shown in Schedule B of quantities and those arrived at

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

measurement at site.

2.2.2 In case of discrepancy between percentage rate quoted in figures and words, the

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

2.2.3 In all cases of omissions and /or doubts for any items or specifications, a

reference shall be made of the City Engineer, Ambernath Municipal Council whose

elucidation, elaboration or decision shall be considered as authentic. The Contractor

shall be held responsible for any errors that may occur in theoccur in the work

through lack of such reference and through lack of such precaution.

2.3 Working Methods:

The work is to be executed without distributing present traffic. If it is possible to

execute the road in half width then in that case it has to be ensured that traffic must

pass safety in half width. Proper barricading, lighting, sign boards night lamps

chowkidar need to be provided by contractor.

If it is decided to close the road under construction for vehicular traffic being narrow

width then the contractor will be responsible for safety of pedestrians, movements

and provide barricading, ramps, sign boards as per requirements and instructions of

Engineer in charge on the road under execution.

Contractor shall submit within the time stipulated by the City Engineer in writing the

details of actual methods that would be adopted by the contractor for execution of any

items as required by Engineer at each of the locations supported by necessary detailed

drawings and sketches including those of the Plants and Machinery that would be

used, their locations, arrangement for conveying and handling materials etc. Obtain

prior approval of the Engineer in charge well in advance for starting of such item of

work. The City Engineer reserve the right to suggest modification or make complete

changes in method proposed by the Contractor,whether accepted previously or not, at

any stages of work, in order to obtain the desired accuracy, quality and progress

of work which shall be binding on the contractor and no claim on account of such

changes in method of execution will be entertained by department so long as

specifications of the item remain unaltered.

2.4 Progress Schedule:

2.4.1 The contractor shall furnish within 7 days on receipt of order, a progress schedule in

quadruplicate indicating the date of actual starting of work, the monthly progress

expected to be achieved and anticipated completion date of each major item of work,

also indicating states of procurements and setting up of materials, plant and

machinery. The schedule should be such as to be practicable of achievement towards

the completion of the whole work in the prescribe time limit. The progress schedule

will be scrutinized and approved with/without modifications by the City Engineer. No

revised schedule shall be operative without such acceptance in writing. The City

Engineer further empowered to ask for more detailed schedule or schedules say week

by week, for any item or item, in case of urgency of work as will be directed by him

and the contractor shall supply the same as and when asked for. The contractor will

be responsible for maintaining the progress according to schedule laid down in Clause

2 B-1 Tender Form. The progress according to shall be in the form of Bar

chart/C.P.M. chart or any other form prescribed by City Engineer.

2.4.2 The contractor shall arrange and provide sufficient plant and equipment centering

material and labour as may be necessary to maintain the progress schedule. The

working and shift hours restricted to one shift a day for operations to be done under

the supervision shall be such as may approved by the Engineer. Night work which

requires supervision shall not be permitted except when specifically allowed by the

Engineer-in-charge each time, if requested by the Contractor. The contractor shall

provide necessary lighting arrangements etc for night work, as directed by Engineer-

in-charge at his own cost.

2.4.3 Further the contractor shall submit the progress report of work every week or as may

be specified by the City Engineer.

2.4.4 The Contractor shall maintain proforma, charts, details regarding machinery,

equipment, labour, materials, personnel etc are actually employed and submit weekly

report thereof as may be specified by the City Engineer.

2.5 Treasure Trove:

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

the work of any treasure fossils, mineral or any other article of value or interest, the

contractor shall give immediate intimation thereof to the City Engineers and forthwith

hand over to the City Engineer such treasure things which shall be the property of the

Ambernath Municipal Council.

2.6 Agent and Work Order Book:

The contractor shall himself manage the work and engage authorized all time

Engineer on the work capable of managing and guiding the work and understanding

the specifications and contract conditions. A qualified and experienced Engineer shall

be provided by the Contractor as his agent for technical matters who will be approved

by City Engineer Order given by the City Engineer / Chief Officer or his

representative and AuthorizedRepresentative shall be complied by the qualified sit e

engineer of contractor. The Engineer shall not be changed without prior intimation to

the City Engineer / Chief Officer or his authorized representative on work site. The

contractor shall supply to the Engineer the details of all supervisory and the other

staffs employed by the contractor and notify changes when made and satisfy the

engineer regarding the adequacy of the staff employed. The Engineer will have the

unquestionable right to ask for changes in the supervisory staff and to order for

removal from work of any staff member. The contractor shall comply with such

orders and effect replacement tothe satisfaction of Engineer-in-charge. A work order

book shall be maintained on site and it shall be property Ambernath Municipal

Council and the contractor shall promptly sign orders given therein by City Engineer

or his representative on the work and comply with them. The compliance shall be

reported by the contractor to the Engineer-in-charge in good time so that it can be

checked. The blank work order book with machine numbered pages will be provided

by the Ambernath Municipal Council free of charge for this purpose. The contractor

will be allowed to copy out instruction given therein from time to time.

2.7 Initial Measurement for Record:

Measurement of work will be taken by the and representative of AMCjointly in

presence of Contractor or his authorized representative. The measurement will be

recorded in MB and level book by the representative of Engineer in charge of the

councils. The set of measurement recorded in MB and levels in the level book will be

signed by representative of PMC and contractor. The cross section drawn of the work

shall also be signed by representative of AMC engg / Contractor / and Engineer in

charge of councils. Contractor shall ensure that leveling at each stage is done to

workout cross sectional measurements. He shall not cover the work or lay further

layers unless the levels and recorded.

2.8 Handing Over the work:

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

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

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

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

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

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

parties.

2.9 Assistance in Procuring Priorities, Permits etc:

The Engineer-in-charge on a written request by the Contractor will if in his opinion,

the request is reasonable and in the interest of work and its progress, assist the

contractor, in securing the priorities for deliveries, transport permits for controlled

materials etc. whensuch are needed. The Ambernath Municipal Council will not be

responsible for the non-availability of such facilities or delay in this behalf and no

claim on account of such failures or delay shall be allowed by the Ambernath

Municipal Council. The contractor shall have to make his own arrangement for

machinery required for the work.

2.10 Co-ordination

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

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

between different contractors to ensure timely and smooth completion of the project

as a whole. The schedule dates for completion specified in each contract shall

therefore, be strictly adhered to each Contractor may make his independent

arrangement for water, power, housing etc. if they so desire.

No single contractor shall take or cause to take any steps or action that may cause,

disturbance of work, labour or arrangement etc of other contractor in the project

location. Any action by any contractor which the City Engineer in this unquestioned

discretion may consider as infringement of the above code would be considered as a

breach of the contract conditions and shall be delete with us such.

In case of any dispute, disagreement between the contractors the City Engineer’s

decision regarding the co-ordination, co-operation and facilities to be provided by the

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

or decisions shall not vitiate any contract nor absolve the contractor (s) of his/their

obligation under the contract nor consider for the grant for any claim or

compensation.

2.11 Rates in Schedule B”

The Contractor must understand clearly that the rates quoted are for completed

work and include all costs due to labour, scaffolding, plant, machinery, safety

for traffic, supervision, electric supply, water supply, royalties, octroi duties, all

taxes Central + State Govt., cess, levies, works contract tax etc. and should also

include all expense to cover the cost of night work if & when required and no

claim for additional payment beyond the prices or rates quoted will be

entertained.

2.12 Patented Device:

Whenever the contractor desires to use nay designed devices, materials or process

covered by the letter of patent or copy right, the right for such use shall be secured by

suitable, legal arrangement and agreement with patent owner and the copy of their

agreement shall be filed with the Chief Officer. If also desired by the latter.

2.13 Temporary Quarters:

The contractor shall at his own expenses maintain sufficient experienced supervisory

staff and laboures etc. required for the work and shall make his own arrangement,

provide housing for them with all necessary arrangements including the preventive

measure etc, as directed by the Chief Officer. No labour hutment shall be allowed

within the work site.

2.14 Site Office and Laboratory for the Departmental Staff :

The contractor shall provide site office and laboratory with equipments for testing of

materials of sufficient area for the departmental staff with electrification, furniture,

drinking water arrangement, steel cup board, table, chairs, fans etc. to Ambernath

Municipal Council. The contract rate shall include cost on this account also.

3. SAFETY MEASURES AND AMENITIES (Labour on Work)

3.1 Safety Measures:

The contractor shall take all necessary precautions for the safety of the workers and

preserving them while working Electrical such job as require special protection and

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

The contractor shall also comply with directions issued by the Engineer-In-charge in

this regard form time to time and all times.

3.1.1 Providing protective footwear and helmet to workers, who are working at heights in

situation like mixing and placing of concrete, cement mortar or bitumen mix in

quarries and places where the work is done under too much wet conditions and also

for movements over surfaces infested with oyster growth etc.

3.1.2 Providing protective hand gloves wear to workers, working in electrical works etc. to

protect them against accidental electrical shock from above.

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

case inconvenience and risk to the workmen and supervisory staff.

3.1.4 Providing sufficient first aid trained staff and equipment to be available quickly at the

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

suffocation drawing and other injuries.

3.1.5 Providing full length gum boots, leather hand gloves with fire proof apron to cover

the chest and back, reaching up to knees and protective goggles for the eyes to the

labourers working with hot asphalt handling, vibrator in cement concrete and also

where use of any or all these items is beneficial in the interest of health and well

being of the labourers in the opinion of the Engineer.

3.1.6 Avoiding base live wires etc. as wouldelectrocute workers.

3.2 Explosive:

Explosive are not permitted to be used being an urban area.

3.3 Damage by Floods or Accidents:

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

etc. No compensation will be allowed to the contractor on this account or for

correcting and repairing such damage to the work during construction. The contractor

shall be liable to make good at his cost any plant or machineries belonging to the

Government lost or damaged by flood or from any other which is in his charge.

3.4 Relation with Public Authorities:

The contractor shall comply with all rules regulations by laws and directions given

from time to time by any local or Public Authority in connection with this work and

shall himself pay fees or charges which are leviable on him without any extra cost to

the Department.

3.5 Police Protection:

For the special protection of Camp and of the Contractor’s work, the Department will

help the Contractor as far as possible to arrange for such protection with the

concerned authorities if so requested by the contractor in writing. The full cost of

such protections will be borne by the Contractor.

3.6 Indemnity:

The contractor shall indemnify the Ambernath Municipal Council all actions, suits

claims and demands compensation brought or made against him in respect of

anything done or committed o be done by the Contractor in execution of or in

connection with the work of this contract as well contract labour and against any loss

or damage to the Council in consequence of any suit or action being brought against

the contractor for anything done or committed to be done during execution of the

work of this contract.

3.7 Labour and General Laws:

Labour Regulations

3.7.1 The contractor shall employ labour in sufficient numbers either directly or through

sub-contractors to maintain the required rate of progress and of quality to ensure

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

Engineer-in-charge.

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

completed his eighteenth year of age.

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

the number and description by trades of works people employed in the works.

3.7.4 (a) The contractor is required to report immediately to the Engineer-In-charge any

accident or unusual occurrence connected with the work and now /they acted upon.

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

respect of the second half of the preceding month and the first half on the current

month.

(b) The accident that occurred during the said fortnight showing the

circumstances under which they happened and the extent of damage and injury

cause by them and

(c) The number of female workers who have been allowed benefit under Maternity

Benefit Act 1961 or Rules made there under and the amount paid to them.

3.7.5 The contractor shall make payments to the labours employed by him either

directly or through sub contractor at the wages not less than fair wages as defined

in the contract labour regulations as contained hereinafter in regards to all matter

provided therein.

3.7.6 The contractor shall indemnify Ambernath Municipal Council payments to be

made under and for the observance of the Regulations aforesaid provision of

Labour Welfare and Contract Act without prejudice to his right to claim

indemnify form his sub-contractors.

3.7.7 The decision of the Chief Officer in matters relating to the reports from the

Inspecting Officers, as defined in “Contractor Labour Regulation” (Contained

hereinafter) shall be final and binding and deductions for recovery of any

liquidated damages in this respect may be made from any amount payable to the

contractor.

3.8 Model Rules of Labour Welfare:

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

the Model Rules for Labour Welfare as contained hereafter or rules framed by

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

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

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

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

3.9 Safety Code: (Labour)

The contractor shall at his own expenses arrange for the safety provisions indicated

hereafter or as required by the Engineer in charge in respect of all labour directly or

indirectly employed for performance of the works and shall provide all facilities in

connection therewith. In case the Contractor fails to make arrangements and provide

necessaryfacilities as aforesaid the Engineer in charge shall be entitled to do so and

recover the cost thereof from the contractors.

3.10 Nuisance:

3.10.1 The contractor shall not at any time do, cause or permit an nuisance on the site or do

anything which shall cause unnecessary disturbance or inconvenience to owners,

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

3.10.2 The contractor shall save, harmless and indemnify the Department in respect of all

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

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

responsible therefore.

3.11 Contractor Labour Regulation:

The Contractor should get registration under section 7 and license under section 23

under Contract Labour Act 1970.

Definition

In these regulations unless otherwise expressed or indicated the following words and

expression shall have the meaning hereby assigned to them.

3.11.1) ‘Labour would mean “Workmen” as defined in chapter 1 of the Contract Labour

(Regulation and Abolition) Act, 1970 as amended from time to time.

3.11.2) “Fair Wage” mean Wages, which shall include wages for weekly day of rest and

other allowance whether of time or piece work after taking in to consideration

prevailing market rates for similar employment in the neighborhood and shall not be

less than the minimum wages Act.

3.11.3) “Contractor” for the purpose of these Regulations shall include an agent or sub-

contractor employing labour on the work taken on contract.

3.11.4) “Inspecting Office” means nay LabourEnforcement Officer, or Assistant Labour

Commissioner of the Chief Labour Commissioner Organization.

3.11.5) “Form” means a form appended to these Regulations.

3.12 Notice and Commencement

The contractor shall within seven days of commencement of the work, furnish in

writing to the Labour Welfare Dept’s Inspecting Officer of the area concerned the

following information under intimation to the Engineer in charge and PMC.

3.12.1) Name and situation of the work

3.12.2) Contractor’s name and address

3.12.3) Particulars of the Department for which the work in undertaken

3.12.4) Names and Addresses of sub-contractors as and when they are appointed

3.12.5) Commencement and probable duration of the work

3.12.6) Number of workers employed and likely to be employed

3.12.7) “Fair wage” for different categories of workers

3.13

3.13.1) Number of hours of work which shall constitute normal working day

The number of hours which shall constitute a normal working day for an

adult shall be 9 hours. The working day for and adult worker shall be so

arranged that inclusive of intervals, if any for rest shall not spread over

more than twelve hours on any day. When an adult worker is made to

work for more than 9 hours on any day or for more than forty eight hours

in any week he shall in respect of overtime work be paid wages at double

the ordinary rate of wages.

NOTE: The expression ordinary rate of wages means the fair wage the

worker is entitled to.

3.13.2) Weekly day of Rest:

Every worker shall be given a weekly day of rest which shall be fixed and

noticed at least 10 days in advance. A worker shall not be required or

allowed to work on the weekly rest day unless he has or will have a

substituted rest day on one of the five days immediately before or after

the rest, provided that no substitution shall be made which will result in

the worker working for more than 10 days consecutively without a rest

day for a whole day.

Where in accordance with the foregoing provision a works on the rest day

and has been given a substitute rest day he shall be paid wages for the

work done on the weekly rest day at the over time rate.

3.15 Display of Notice regarding wages weekly day of rest etc:

The contractor shall before he commences his work on contract, display

and correctly maintain and continue to display and correctly maintain in a

clean and legible condition in conspicuous place on the work, notices in

English and in a local Indian language, spoken by majority of workers,

giving the rates of fair wages, the hours of work for which such wages are

payable, the weekly rest day, workers are entitled to and name and

address of the Inspecting Officer. The contractor shall send a copy of each

of such notice to the Inspection Officer.

3.15 Fixation of Wage Periods:

The contractor shall fix wage periods in respect of each wages that shall be payable. No

wage period shall normally exceed one week.

3.16 Payment of Wages:

3.16.1) Wages due to every worker shall be paid to him directly. All wages shall

be paid in current coins or currency or in both.

3.16.2) Wages of every workers employed on the contract shall be paid, where the wage period

is the week within three days from the end of the wage period, and in any other case

before the expiry of the seventh day or tenth day from the end of the wage period

according as number of workers does not exceed one thousand or exceeds one

thousand, respectively.

3.16.3) When employment of any worker is terminated by or on behalf of the Contractor, the

Wages earned by him shall be paid before expiry of the day, succeeding the one on

which his employment is terminated.

3.16.4) Payment of wages shall be made at the work site on a working day except when the

work is completed before expiry of the wage period, in which case final payment shall

be made at the work site within 8 hours of last working day and during normal working

time.

NOTE: - The term “working day” means a day on which work, on which labour is

employed is in progress

3.17 Register of Workmen:

A Register of workmen shall be maintained in Form-1 and kept at the work site or as

near to it as possible, and the relevant particular of every workman shall be entered

therein within their days of his employment.

3.18 Employment Card:

The contractor shall issue an employment card in Form-II each worker on the day of

worker’s entry into employment. If a worker has already any such card with his issued

by the previous employer, the Contractor shall clearly endorse that employment card

with relevant entries. On termination of employment the employment card shall be

again endorsed by the Contractor and returned to the work.

3.19 Register of Wages etc:

3.19.1) A Register of wages cum muster roll in Form-III shall be maintained and kept at the

work site as near to it as possible.

3.19.2) A wage slip Form-IV shall be issued to every worker employed by the Contractor at

least a day prior to disbursement of wages.

3.20 Fine and deductions which may be made from wages:

3.20.1) Wages of worker shall be paid to him without any deductions of any kind except the

following

(a) Fines

(b) Deductions for absence from duty i.e. from the place or the places where by the

term of his employment he is required to work. The amount of deduction shall be

proportionate to the period for which he was absent.

(c) Deduction for damage to or loss of goods expressly entrusted to the employed

person for custody or for loss of money which he is required to account for, where

such damage or loss on directly attributable to his neglect or default.

(d) Deduction for recovery of advance or for adjustment of every payment of wages.

Advance granted shall be entered in a register and

(e) Any other deduction which the Department may inform time to time allow

3.20.2) No fines shall be imposed on any worker say in respect of such act and

omission on his part as have been approved of by the Chief Labour

Commissioner.

3.20.3) No fines shall be imposed on a worker and no deduction for damage or

loss shall be made from his wages until the worker has been given on

opportunity of showing causes against such fines or deductions in writing.

3.20.4) The total amount of fines which may be imposed in any one wage period

on a worker shall not exceed an amount due to him in respect of that

wage period.

3.20.5) No fine imposed on a worker shall be recovered from him in installments

or after expiry of six days from the day of the act or commissions in

respect of which it was imposed.

3.20.6)The contractor shall maintain both in English and the local Indian Language

a list approved by the Chief Labour Commissioner clearly stating the acts

and commission for which penalty or fine may be imposed on a workmen

and display it in good condition in conspicuous place on the work site.

3.21 Preservation of Registers”

The register of workmen and the register of wages cum muster roll

required to be maintained under these Regulation shall be preserved for 3

years after the date on which the last entry is made therein.

3.22 Enforcement:

3.22.1) The Inspecti0n Officer shall either on his own motion or on a complaint received by

him carry out investigations and send a report to the Engineer-in-charge specifying

the amounts representing workers dues and amount of penalty to be imposed on the

Contractor for breach of these Regulations, that have to be recovered from the

Contractor, indicating full details of the recoveries proposed and the reasons

therefore. It shall be obligatory on the part of the Engineer-In-charge on receipt of

such a report to deduct such amounts from payments due to the Contractor.

3.22.2) The penalty for every default and breach of these Regulations shall, however be a

sum not exceeding Rs. 5000/-. In event of the contractor’s default continuing in this

respect, the penalty may be enhanced by Rs. 50/- per day default subject to maximum

ofone percent of the estimated cost of the work put to tender.

3.23 Disposal of amount recovered from the Contractor:

The Engineer-in-charge shall arrange payment of workers concerned

within 46 days from receipt of report from the Inspecting Officer except in

case where the Contractor has made an appeal under Regulation 15 of

these Regulations. In case where there is an appeal payment of worker’s

dues would be arranged by the Engineer-in-charge wherever such

payments arise, within 30 days from the date of receipt of the decision of

the Regional Labour Commissioner (R.L.C.)

3.24 Welfare fund:

All moneys that are recovered by the Engineer-in-charge by way of

worker’s dues which could not be disbursed to worker within the time limit

prescribed above, due to reason such as where about of workers not

being known death of a worker etc, and also amounts recovered as

penalty shall be credited to a fund to be kept under the custody of R.L.C.

for such benefit and welfare of workmen employed by Contractors are

prescribed by the Chief Labour Commissioner.

3.25 Appeal against decision of Inspecting Officer:

Any persons aggrieved by decision of the Inspecting Officer may appeal

against such decision to the Regional Labour Commissioner concerned

within 30 days from the date of the decision forwarding, simultaneously a

copy ofhis appeal to the City Engineer. The decision of the Regional

Labour Commissioner shall be final and binding upto the Contractor and

the workmen.

3.26 Representative of Parties:

3.26.1) A workmen shall be entitled to be represented in any investigation or inquiry under the

regulations by an officer or a registered trade union of which he is a member or by any

Officer or a federation of trade union to which said trade union is affiliated or where the

workmen is not a member of any registered trade union, by an officer of a registered

trade union connected with or by any other workmen employed in this industries in

which the workmen is employed.

3.26.2) A Contractor shall be entitled to be represented in any investigation or/inquiry under

these regulations by an Officer of an Association of Contractor of which he is member

or by a an Officer of a Federation or Associations of contractor to which said

Association is affiliated or where the contractor is not a member of an association by

and Officer of association of employers, connected with or by any other employer

engaged in the industries in which the contractor is engaged.

3.26.3) No party shall be entitled to be represented by legal practitioner in any investigation or

inquiry under these regulations.

3.27 Inspection of Books and other Documents:

The Contractor shall allow Inspection of the registered and other documents prescribed

under these regulations by Inspecting Officer and the City Engineer or his authorized

representative at any time and by the worker or his agent no receipts of due notice at a

convenient time.

3.28 Amendments:

Ambernath Municipal Council may from time to time add to or amend these regulations

and issue such directions as it may consider nec ESSARy for the proper implementation

of these regulations or for the purpose of removing any difficulties which may arise in

the administration thereof.

3.29 The contractor shall employ at least 80% of the total number of unskilled labour to be

employed by him on the said work from out of the person ordinarily residing in

Ambernath Municipal Council or nearly visiting.

3.30 Model Rules for Labour Welfare:

3.30.1 Definition:

(a) Work Place:

“Work Place” means a place at which on an average 20 or more workers are

employed.

(b) Large work place

“Large Work Place” means a place at which on average 500 or more workers are

employed.

3.30.2 First Aid:

At every work place, there shall be maintained in readily accessible place first aid

appliances including an adequate supply of sterilized dressings and sterilized cotton

wool as prescribed in the factory rules of the State in the work is carried on. The

appliance they shall be places under the charge of responsible person who shall be

readily available during working hours.

At large work places where hospital facilities are not available within easy distance of

the works, first aid posts shall be established and be run by a trained compounder.

Where large work places are remotely situated and far away from regular hospitals

indoor wards shall be provide with one bed for every 250 employees.

Where large work places are situated in cities, towns or in their suburbs and no bed are

considered necessary owing to the proximity of city to town hospitals, suitable

transport shall be provided to facilitate removal of urgent cases to those hospitals. At

other work places some conveyance facilities shall be kept readily available to take

injured person or persons suddenly taken seriously ill, to the nearest hospital.

At large work places there shall be provided and maintained an Ambulance room of

the prescribed size of such medical and nursing staff as may be prescribed for this

purpose the relevant provisions of the Factory Rules of the State Govt. of the area

where the work is carried on may be taken as the prescribed standard.

3.30.3 Accommodation for Labour:

The Contractor shall during the progress of the works provide, erect and maintain

necessary temporary living accommodation and ancillary facilities for labour at his

own expenses and to standards and scales as approved by the Engineer-In-Charge.

However no Govt. land or Council land will be provided for this purpose.

3.30.4 Drinking Water:

In ever working places there shall be provided and maintained at suitable places, easily

accessible to labour a sufficient supply of cold water fit for drinking. Where drinking

water is obtained from an intermittent public water supply at each work place shall be

provided with storage where drinking water shall be stored.

Every water supply storage shall be at a distance of not less than 15 meters from any

latrine, drain or other source of pollution, where water has to be drawn from an

existing well, which is in proximity of latrines, drain or any other source of pollution,

the well shall be properly chlorinated before water is drawn from it for drinking. All

such wells shall be entirely closed in and be provided with a trap door which shall be

dust and water proof.

A reliable pump shall be fitted to each covered well, the trap door shall be kept locked

and opened only for cleaning or inspection which shall be done at least once a month.

3.30.5 Washing and Bathing Places:

Adequate washable and bathing places shall be provided separately for men and

women. Such places shall be kept in clean and drained conditions.

3.30.6 Scale of Accommodation in Latrines and Urinals:

These shall be provided within the premises of every work place, latrines

and urinals in an accessible place, and the accommodation separately for

each of these, shall not be lee than at the following scales:

Number of Seats

a) Where number of persons does not exceed 50 2

b) Where number of persons exceeds 50 but

Does not exceed 100 3

c) For additional persons 3 per 100 of part thereof

In particular cases, the Engineer-In-Charge shall have the power to every the scale where

necessary

3.30.7 Latrines and Urinals:

Except in work places provided with water flushed latrines connection

with a water borne sewage system, all latrines shall be provided with receptacles on

dry earth system which shall be cleared at least four times daily and at least twice

during working hours and kept in a strictly sanitary condition Receptacles shall be

tarred inside and outside at least once a year.

If women are employed, separate latrines and Urinals, screened from

those for men and marked in the vernacular in conspicuous letters, “FOR

WOMEN ONLY” shall be provided on the scale laid down in rule 6. Those

for men should be similarly marked “FOR MEN ONLY”. A poster shoeing

the figures of a men and of a women shall also be exhibited at the

entrance to latrines for each sex. There shall be adequate supply of water

close to latrines and Urinals.

3.30.8 Construction of Latrines:

Inside wall shall be constructed of masonry or other non absorbent materials and shall

be cement washed inside and outside at least once a year. The dates of cement washing

shall be noted in a register maintained for the purpose and kept available for

inspection, latrines shall have at least thatched roof.

3.30.9 Disposal of Excreta:

Unless otherwise arranged for by the local sanitary authority arrangement for proper

disposal of excreta by incineration at the work place shall be made by means of

suitable incinerator approved by the local medical, health and municipal authorities.

The Contractor shall at his own expenses carry out all instructions issued to him by the

Engineer-In-Charge to effect proper disposal of excreta and other conservancy work in

respect of contractor’s work people or employees on the site. The contractor shall be

responsible for payment of any charges which may be levied by municipal authority

for execution of such work on his behalf.

3.30.10 Provision of Shelter during Rest:

At every work place there shall be provided free of cost four suitable sheds, two for

males and two others for women labour.

3.31 Creches:

At a place at which 20 or more women workers are ordinarily employed, there shall be

provided at least one hut for use of children under the age of 6 years, of such women.

Huts shall not be constructed of a standard lower than that of thatched roof, mud floor

and walls with wooden planks spread over mud floor and covered with matting Huts

shall be provided with suitable and sufficient opening for light and ventilation. There

shall be adequate provision of sweepers to keep the places clean. There shall be two

“Dais” in attendance. Sanitary utensils shall be provided to the satisfaction of local

medical, health and municipal or cantonment authorities. Use of huts shall be

restricted to children, their attendants and mothers of children.

Where the number of women workers is more than 25 but less than 50, the Contractor

shall provide at least one Hut, one Dai to look after the children of women workers,

size of the crèches(s) shall vary according to the number of women workers employed

Creche(s) shall be properly maintained and necessary equipment like toys etc.

provided.

3.32 Canteen:

A cooked food canteen on a moderate scale shall be provided for the benefit of

workers wherever it in necessary.

3.33 Planning, sitting and erection of the above mentioned structures shall be approved by

the Engineer-In-Charge and the whole of such temporary accommodation shall at all

times during the progress of the works be kept tidy and in a clean and sanitary

conditions to the satisfaction of the Engineer-In-Charge and at the Contractor’s

expenses. The Contractor shall confirm generally to sanitary requirements of local

medical, health and municipal or cantonment authorities and at all times adopt, such

precautions as may be necessary to prevent soil pollution of the site. On completion of

the works the whole such temporary structures shall be cleared away, all rubbish,

burnt, excreta or other disposal pits or trenches filed in and effectively scaled off and

the whole of site left clean and tidy to the entire satisfaction of the Engineer-In-Charge

at the Contractor’s expenses.

3.34 Anti Material Precautions:

The contractor shall, at his own expenses, conform all anti-materials instruction given

to him by the Engineer-In-Charge, including the filling up of any borrow pits which

may have been dug by him.

3.35 Nothing payable for extra facilities:

These are minimum facilities required to be provided. If the contractor gives any extra

facility, the Ambernath Municipal Council will not compensate him for that.

3.36 Enforcement:

The inspecting Officer or any other office nominated in this behalf by the City

Engineer shall report to the City Engineer all cases of failure to comply with the

provisions of these Rules either wholly or in part, specifying the penalties to be levied

for such breach of these provisions.

3.37 The sum to be levied as penalty shall, however, be fixed in accordance with provision

of clause 13 (ii) of safety code.

4 QUARRIES

4.1 Municipal Council will not let Quarries on lease or rent. The contractor has to make

his own arrangement for quarrying including constructing approaches. The quarrying

operation shall be carried out by the contractor with proper equipment such as

compressor as, jack hammers, drill, bits, explosive etc. and sufficient number of

workmen shall be employed so as to get the required output.

4.2 The contractor shall carry out the works in the quarries in conformity with the rules

and regulations already laid down or that may be laid down from time to time by the

Government any cost incurred by the government due to non-compliance of any rules

or regulations due to damage by the contractor shall be responsibility of the contractor.

The Engineer-In-Charge or his representative shall be given full facilities by the

contractor for inspection at all times of the working of the quarry, records maintained.

The stocks of the explosives and detonators etc. so as to enable him to check that the

working records and the storage are all in accordance with the relevant rules. The

Engineer-in-Charge or his representative shall at any time be allowed to inspect the

works, building and equipment at the quarries.

4.3 The contractor shall minimum at his own cost the books, registers etc. required to be

maintained under the relevant rules and regulations and as directed by the Engineer-In-

Charge. These books shall be opened for inspection at all times by the Engineer-In-

Charge or his representative and the contractor shall furnish the copies or extracts of

the books or registers as and when required.

4.4 All quarrying operations shall be carried out by the contractor in an organized and

expeditions manner, systematically and with proper planning. The contractor shall

engage licensed blasters and adopt electric blasting and / or any other approved

method which would ensure complete safety to all the men engaged in quarry and its

surroundings. The contractor shall himself provide suitable magazine sand, arrange to

procure and store explosives etc. as required under the rules at his own cost. The

designs and the locations of the magazines shall be got up approved in advance from

the Chief Inspector of Explosives and the rules and regulations in this connections as

laid down by the Chief Inspector of explosive as modified from time to time, which

shall be strictly adhered by the contractor. It is generally experienced that it takes time

to obtain the necessary license for blasting and license for the storage of blasting

material, from the concerned authorities. The contractor must therefore, take timely

advanced action for procuring all such licenses so that the work progress is not

hampered.

4.5 The approaches to the quarrying place from the existing public roads shall have to be

arranged by the contractor at his own cost and the approaches shall be maintained by

the contractor at his own cost till the work is over.

4.6 The quarrying operations shall be carried out by the contractor to the entire satisfaction

of the Engineer-In-Charge and following all rules laws in force and the deployment of

the quarry shall be made efficiently so as to avoid wastage of stones only such stones

as are of the required quality shall be used on the work. Any stone which is in the

opinion of the Engineer-In-Charge, not in accordance with the specifications or of

required Quality will be rejected at any time, at the quarry or at the work site. The

rejected stones shall not be used for the work and such rejected materials shall be

removed to the place shown, at the contractors cost.

4.7 Quarrying permission will have to be directly obtained by the contractor from the

District concerned or other local authorities concerned for which purpose the

department will render necessary assistance.

4.8 The contractor will be permitted to erect at his own risk and cost at the quarry site if

suitable vacant space is available for the purpose, his own structure for stores, offices

etc. at places approved by the Engineer-in-charge on completion of the work the

contractor shall remove all the structures erected by him and restore the site to its

original condition.

4.9 Permission from the regional Environmental authorities will be obtained and

guidelines suggested by them will be strictly followed. This will apply for the quarries

for murum and rubble.

5. LEVELLING INSTRUMETS

The measurement of items of the work are based on volumetric measurement

calculated from levels taken before and after construction of the item, insufficient

number of leveling instruments, staves, tapes etc. in required numbers may cause delay

in measurements and the work. The contractor will therefore to keep sufficient number

of leveling instruments readily available at site with Engineer to work unit.

6. COLLECTION OF MATERIALS

6.1) The contractor or piece worker shall make his own arrangement to obtain the materials

from existing or a new quarries but before starting collection the quarry shall be got

approved from the Engineer-In-Charge. The contractor or piece worker shall pay all

royalty charges, compensation etc. No claims or responsibility on account of any

obstructions caused to execution of the work by difficulties arising out of private

owners of land, will be entertained.

6.2) No material shall be removed from the land touching it without the written permission

of the City Engineer or his authorized representative and PMC. If any material is un

authorizely obtained from such places, the contractor or piece worker shall have to

make good the damage and pay such compensation, in addition as may be decided by

the City Engineer and will have to stop further collection.

6.3) Any material that falls on any Ambernath Municipal Council Road from the carting

truck or other plant etc. during conveyance shall be immediately picked up and

removed by the contractor or piece worker, failing which it be got removed

departmentally at his cost. No heap shall be left prior to stacking even temporarily on

the road surface or in any way so as to cause any obstruction or danger to the traffic.

The contractor or the piece worker shall be liable to pay claims or compensation etc.

arising out of any accident etc. Any such materials causing obstruction or danger to the

traffic. The contractor or the piece worker shall be liable to pay claims or

compensation etc. arising out of any accident etc. Any such materials causing

obstruction or danger etc. will be got removed departmentally at his coast and no

claims for any loss or damage to the material thus removed will be entertained. The

contractor shall also be responsible for the damage or accident etc. arising out of any

material that falls on the road or track not in charge of the department and shall attend

to any complaints which may be received.

6.4) Rubble / metal shall be free from all earth, rubbish, vegetable matter and other

extraneous substance and in the case of metal, screened to gauge, if so directed when

ready, it shall be collected entirely clear of the roadway, on ground which has been

cleaned of vegetation and leveled.

7. MISCELLANEOUS

7.1 Rate is inclusive of Sales Tax, work contract tax and other taxes etc. as stated in Para

2.11 of this chapter.

7.2 In case it becomes necessary for the due fulfillment of contract for the contractor to

occupy land outside the department limits, the contractor willhave to make his own

arrangements with the land owners and to pay such rent if any payable as mutually

agreed between them. The department will accord the contractor all the reasonable

assistance to enable him to obtain land.

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

precedence over corresponding contradictory provision, (if any), it the M.O.S. & T.

specifications is given without reproducing the details in contract.

7.4 It is presumed that the contractor has gone carefully through the. specifications of

Maharashtra P.W.D. Standard specification, IRC specifications, and the schedule of

rate and studied the site condition before arriving at rates quoted by him. Decision of

the City Engineer shall be final as regards interpretation of specification.

7.5 The collection and storage of construction material at site shall be in such a manner as

to prevent deterioration or intrusion, of foreign matter and to ensure the preservation

of their quality, properties and fitness for the work. Suitable precautions shall be taken

by the contractor to protect the material against atmospheric actins, fire and other

hazards. The materials likely to be carried away by wind shall be stored in suitable

stores or with suitable barricades and where there is likely hood of subsidence of soil;

such heavy materials shall be stored on paved platforms.

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

property or work during construction by his men.

7.7 If it is found necessary from safety point of view to test any part of the structure, the

test shall be carried out by the Contractor with the help of the department at his own

cost.

7.8 Defective work is liable to be rejected at any stage. The Contractor on no account can

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

payment shall be made for rectification. Rectification can be ordered by City Engineer

even if the measurements for the work are recorded and paid for.

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

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

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

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

and risks arising out of the General Condition of Contract.

7.10 The quantities shown against the item in the schedule “B” are only estimated

quantities of each kind of work included in the contract and are not to be taken as a

guarantee that the quantities in the schedule will be carried out or required or that they

will not exceeded or reduced.

7.11 All measurements will be made in accordance with the methods indicated in the

specifications and read in conjunctions with the General Conditions of Contract and as

elaborated in the Technical specifications, incorporated in the tender documents.

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

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

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

Municipal Council. The Contractor shall not, on account of such variation be entitled

to any increase over the already quoted rates in the tender which are on quantity basis.

7.13 Protection of Underground telephone cable and aerial telephone wires and Poles,

transmission towers, electrical cable and water supplying lines is the

responsibility of the contractor.

During the execution of work, it is likely that the contractor may meet with telephone

cable, electrical cables, water supply lines, effluent pipe line, oil pipe line etc. it will

therefore be the responsibility of the contractor to protect them carefully. All such

cases should be brought to the notice of the Engineer-In-Charge by the contractor and

also to the concerned department. Any damage whatsoever done to these cables and

pipe lines by the Contractor shall be made good by him at his cost.

While excavation it shall be done manually when underground utilities are met with to

safeguard utilities.

8. LINING OUT

The Contractor shall provide free of charge all labour and material and instruments

required for lining out, surveying, inspection decided by the Engineer-In-Charge as

considered necessary for the proper and systematic execution of the work.

The department will only show the changed point on the alignment of road and it will

be the responsibility of the contractor to correctly align the road between points

including setting out curves etc. The department will render necessary assistance.

Likewise, only one Bench Mark with definite value of R.L. will be shown to

contractor who shall have to provide for a network of temporary bench mark all along

the road and near C.D. works for executing the work. The contractor shall be

responsible for the provision, accuracy and maintenance of temporary Bench Mark. He

shall be responsible for the provision, accuracy and maintenance of temporary Bench

Mark. He shall be responsible for the correctness of the position, levels, dimension and

alignments of all parts of the works and provisions of necessary instruments and

labour in connection with suitable pointed bamboo or wooden stack shall be provided

at his cost and firmly fixed at every meters on both sides of embankment to indicate

final as well as intermediate height of the embankment. Any errors in position, level,

dimension and etc. shall be rectified, by contractor at his expenses. The checking or

inspection of any setting out of any line or level or work by Engineer-In-Charge or his

representative shall not in any way relieve the contractor of his responsibility for

correctness thereof. The contractor shall carefully protect and preserve all bench mark,

side rails pegs and stones etc., marking out the centre lines of C.D. works, necessary

approaches etc. shall be done by the contractor at his own cost as directed by the

Engineer-In-Charge or his representative.

9. PRIORITIES OF WORK TO BE EXECUTED

Priorities for terms to be executed shall be determined periodically keeping in view the

final time limit allowed for the work.

10. WAGES ACT

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

minimum Wages Act 1948, Employer liability Act 1937, workmen’s compensation Act

1961, Industrial Dispute Act 1947, Maternity Benefit Act 1961, Contract labour (R &

A) Act 1970 or modifications thereof or any other law relating thereof and rules made

there under from time to time by the Government.

11. DISPUTED AND ARBITRATION

11.1 No Arbitration is allowed in this contract.

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

the Contractor, the Contractor can refer the matter to the Chief Officer with an

advance copy to City Engineer and the decision of Chief Officer will be final for this

agreement.

12. PAYMENT AND MEASUREMENTS

12.1 More than one payment in a month will be granted by the Engineer-in-case if the

progress is satisfactory.

12.2 Ground level will be taken by the usual method and by Department staff in presence of

contractor’s representative. Required labour etc. for this shall be supplied by the

Contractor. In case of slushy portion, the ground levels shall be taken by erecting the

leveling staff on wooden plank (0.5 x 0.5 meter, 2.5 cm. Thick) without claiming extra

for cost of plank.

12.3 Contractor can have copies of the measurements and of the bills paid to him at his own

responsibility.

13. FINAL BILL

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

and the same will be paid. Disputed items and claims, if any shall be excluded from the

bill.

13.2 Bills for extra work or for any claim shall be paid separately apart from the interim bills

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

want of decision on the extras on claims not covered in the stipulation of the contract.

13.3 Claims for extra work shall be registered within 30 days of occurrence of the event.

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

subsequently to the City Engineer. Failure to give notice within 30 days of occurring of

the event will not enable the contractor to claim for the extra work.

14. ELECTRIC POWER

Arrangements for obtaining Electric Power connection will have to be made by the

Contractor at his own cost.

15. TRAFFIC SAFETY

15.1 During execution of work like Excavation, casting materials all careshould be taken that

the traffic is not hindered by the excavated materials and stacked materials lying on the

road. If there is any sudden fall of materials such as murum, boulders etc. the same

should be removed immediately without any extra cost and road restored to traffic.

15.2 For smooth flow and safety of traffic, Pedestrian, necessary sign boards, Red flags

caution boards, barricading and lightingarrangement etc. shall be made by contractor at

his cost, both during the day and night.

15.3 In the event of contractor failing to do so the Engineer without notice to contractor can

put up barricades providing lighting etc the cost of which shall be recovered from

contract.

16. PRELIMINARY ARRAGEMENTS

16.1 The contractor except as provided in schedule “B” which follows, shall provide

barricading / ramps / Sign Boards for safety or traffic, pedestrian adjoining properties

protection of utilities till completion of work as and when required. This has ref. also to

para 2.3.

16.2 The Contractor shall have to make at his cost all preliminary arrangements for labour,

water, electricity and materials etc., immediately after getting the work order. No claims

for any extra payment or application for extension of time on the grounds of any

difficulty in connection with the above matter, will be entertained.

16.3 The contractor shall at his own expenses engage for guarding materials and plants and

machinery and the work during day and night against any pilferage or damages and also

for prohibiting trespassers or damage to them.

16.4 The contractor shall have to make his own arrangements for water required for watering

and embankments, curing, drinking water for use of Labour staff working at site. The

water for curing shall be portable water.

17. INSPECTION

17.1 The contractor shall inform the Engineer-In-Charge in writing when any portion of the

work is ready for inspection giving him sufficient notice to enable him to inspect the

same without affecting the further progress of the work. The work shall not be

considered to have been completed in accordance with the terms of the contract until the

Engineer-In-Charge shall have certified in writing to that effect. No approval of material

or workmanship or approval of part of the work during the progress of execution shall

bind the Engineer-In-Charge or in any way affect him even the work which is alleged to

be completed and to suspend the issue of this certificate of completion until such

alterations and modification or reconstruction have been effected at the cost of the

contractor as shall enable him to certify that the work has been completed to his

satisfaction.

17.2 The contractor shall provide at his cost necessary ladders and such arrangements as to

provide necessary facilities and assistance for proper inspection of all parts of the work at

his own cost.

17.3 The contractor after completion of work shall have to clean the site gutters of all debris

and remove all unused materials other than those supplied by the Department and all

plant and machinery, equipment, tools etc., belonging to him within one month from the

date of completion of the work, or otherwise the same shall be removed by the

department at cost and the contractor shall not be entitled for payment of any

compensation for the same.

18 ACCIDENT

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

any of his employees and or labourers or trespassers, the same shall be reported with 24

hours of the occurrence to the City Engineer and the Chief Officer of Labour [Workmen

Compensation].

19. PLANT

All constructional plant, provided by the contractor shall when brought on to the site be

deemed to be exclusively intended for the construction of this work and contractor shall

not remove the same or any part thereof (say for the purpose of moving it from one part

of the site to another or the repairs etc.) without the consent in writing of the Engineer-In-

Charge which shall not be unreasonably withheld. Machinery shall be kept on Road in

such a way that it is hindering the traffic.

20. AUTHORITIES TO THE CITY ENGINEER REPRESENTATIVE AND THEIR

AUTHORISED REPRESENTATIVE :

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

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

with the works to check quality and quantity of work.

20.2 The City Engineer and AMC may from time to time, in writing delegate to his

representative any power and authorities vested in the City Engineer and shall furnish to

the contractor a copy of all such delegations powers and authorities. Any written

instructions or approval given by the representative of the City Engineer to the contractor

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

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

20.3 Failure of the representative of the City Engineer to disapprove any work or materials

shall not prejudice the power of the City Engineer thereafter to disapprove such work or

materials and to order the pulling down, removal or breaking up thereof.

20.4 If the contractor is dis-satisfied with any decision of the representative of the Engineer-

in-charge, he shall be entitled to refer the matter to the Engineer-in-charge, who shall

there upon confirm reverse or very such decision.

21. EXCEPTED RISKS

21.1 The contractor shall be under no liability whatsoever by way indemnity or otherwise for

or in respect of destruction of or damage to the work (save work condemned under the

provisions of specifications and conditions of this tender prior to the occurrence of any

excepted risk hereinafter mentioned) or temporary works or to property whether of the

Department of third parties or in respect of injury or loss of life which is the consequence

whether direct or indirect, was hostilities (whether war be declared or not) invasion, act

of foreign enemies, rebellion, revolution, insurrection or military of usurped power, civil

war or riot, commotion or disorder otherwise than among the contractor’s own employee

or his worker and sub-agencies (hereinafter comprehensively referred to as “the said

excepted risks”) and the Department shall indemnify and save harmless the contractor

against and from all claims, demands, proceedings, costs charges and expenses,

whatsoever arising there out or in connection therewith and shall compensate the

contractor for any loss or damage to property of the contractor used for the purpose of the

works and laying at site of work and occasioned either directly or indirectly by the said

excepted risks.

22. WORKS SPECIFICATIONS

22.1 The whole work shall be carried out strictly in accordance with the approved detailed

drawing (unless otherwise directed) description of the items, detailed specification of

Electrical wiring (with Indian Standard specification indicated therein) and additional

specification given for the relevant items and in the best workmen like manner and work

shall be done according to respective IS / IRC Standard and as per instructions of

Engineer-in-charge.

22.2 While adopting the relevant number and pages for different items of the M.O.S & T.

specifications for Bridge and Road Works, III rd revision – 1998, or P.W.D standard

Specification Books, due care has been taken to indicate correct number and page for the

various items. However if for the some reason or other it is noticed to carry out the work

in accordance with the correct relevant specifications for the item or items from the

standard specification Book, after taking into account the description of the items, scope

and spirit of the work.

22.3 During the course of the expression, payment for certain items such as R.C.C. works and

the like which are done in stages, shall be made at part rates which shall be decided by

the Engineer-In-Charge. Similarly in case if certain component or components of an item

are decided to be deleted, payment for the remaining parts of the items shall be made at

reduced rates for such items which shall be decided by the Engineer-In-Charge, either on

the basis of market rates or schedule rates or accepted tender rates whichever are lowest

for such component or components. In case difference the matter may be referred by the

Contractor to City Engineer whose decision shall be final and binding on the Contractor.

22.4 It is to be definitely and clearly understood that the specification stipulated shall be

rigidly enforced and no relaxation shall be allowed. Extra charges or claims in respect of

extra works shall not be entertained unless they are clearly outside the scope of the item

and its specifications to which they relate or unless such works are ordered in writing by

the City Engineer and claimed for in specified number before the same is taken in hand.

23. CONTRACTORS’S LIABILITY AND INSURANCE

23.1 From commencement to completion of the works, the Contractor shall take full

responsibility to prevent loss or damage to work, workers, supervision staff and shall be

liable for any damage or loss they may happen to the works or any part thereof from any

cause what so ever (save and except the Excepted Risks) and shall at his own cost redo

the same so that at completion all the works shall be in good condition and in conformity

in every respect with requirement of the contract and specifications.

23.2 Without limiting his obligations and responsibilities under clause.

23.3 The contractor shall insure in the joint name of the AMC and the contractor against all

losses or damages from whatever cause in such manner that the AMC and the Contractor

are covered during the period of construction of the works including extension period and

the defects liability period for loss or damage for complying with his obligations under

clause 20 of printed B-1 Tender Form (regarding Defect Liability)

23.3.1) The insurance shall be for the works under contract and the temporary works to the full

value of such works executed from time to time.

23.3.3) The materials, constructional plant and other things brought to site by the contractor shall

be insured to the full value of such material, constructional plant and other things. The

insurance shall be in force till completion of defect liability period.

23.4) Before commencing execution of the work, the contractor shall, without in any way

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

damage, loss or injury death which may occur to contractors labour skilled or unskilled,

supervisory staff of AMC &contractor any property (including that of Department) or to

by or arising out of the contract.

23.5 When a Department building of part thereof is rented to the contractor he shall insure the

entire building if the building or any part thereof is used by him for the purpose of storing

or using materials of combustible nature. In case of doubt in the matter the decision of

the City Engineer shall be final and binding on the contractor.

23.6 All the aforesaid insurance policies i.e. for work work/labour/supervising staff of AMC

shall not be cancelled till the Engineer-in-charge has agreed to their cancellation. The

policies shall be extended till the defect liability period is over.

23.7 The contractor shall provide to the Engineer-in-charge, Insurance as above after paying

premiums till defect liability period is over. The copies of insurance be submitted to the

Engineer-in-charge immediately after work order is given. All policies shall be in the

joint name of AMC and Contractor.

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

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

resulting from their failure to obtain adequate insurance protection in connection thereof.

The Contractor shall produce or cause to be produced by his sub-contractors (if any) as

the case a may be relevant receipts as and when required by the Engineer-in-charge.

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

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

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

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

or premium as may be necessary for that purpose and form time to time deduct the

amount so paid by the department from any moneys due or which may become due to the

contractor or recover the same as debt due from the contractor.

23.10 All insurance to be effected by the contractor and / or his sub-contractor (if any) shall be

taken out only through Directorate of Insurance, Govt. of Maharashtra Administrative

building, Mumbai. They shall be Govt. insurance policies.

24. TRAINING APPRENTICES

24.1 The contractor shall during the currency of the contract when called upon by the

Engineer-in-charge engage and also ensure engagement by sub-contractor and other

employed by the contractor in connection with the works, such number Apprentices in

the categories method in clause 37.C and for such periods as may be required by the

Engineer-in-charge.

24.2 The Contractor shall train them as required under the Apprentice Act 1961 and shall be

responsible for all obligations of the employer under the Act including the liability to

make payment Apprentices as required under the Act.

24.3 The number of Apprentices to be engaged in different categories shall be as required

under “Apprentices Act 1961 and rules and regulations made there under and as amended

from time to time.”

25. No mobilization advance and machinery advance will be given to the Contractor.

26. PRESERVATION OF PROPERTY

The contractor shall take all reasonable precaution for the protection and preservation of

any or all existing road side trees, drains, sewers or other surface drain pipes, conduits

and any other structure under or above ground which may be affected by the

constructions, operation and which is the opinion of the Engineer shall be continued in

use without any charger. Safeguards taken by the contractor in this respect shall be got

approved by him from time the Engineer. However, if any of these objects is damaged

by reason of the contractor’s negligence, it shall be replaced or restored to the original

condition at his expense.


NAME OF WORK PROVIDING MINI HIGH MAST AT MAIN ROAD IN WARD

NO11 ,AMBARNATH (W)

TECHNICAL SPECIFICATIONS

The specifications for various items to be followed are as per “Maharashtra P.W.D.

Standard Specification”.

All Electrical works shall be carried out as per:

a) Relevant standards set by Bureau of standards (BIS)/ IEC.

b) Central Electricity Authority Regulations 2010\

c) National Building Code 2005

d) National Electrical code 2011

e) Specification for Electrical works approved by PWD (Electrical).

The code of practice, standards and specification applicable shall be those existing as on

one month prior to the last date for submission of tender.

MAKES AND SPECIFICATIONS OF MATERIALS

Sr.

No.

Item Approved Manufacturers/Brands

1 Galvanised I octagonal/ conical

poles

Bajaj/walmont/Philips/Crompton

2 LED Fittings Philips/ Crompton /Bajaj / G.E / Starlite

3 G.I. pipe pole or pipe for

eathing

Zenith/Tata/jindal/Swastik/Surya.

4 L. T Armoured cable (XLPE) Polycab/ Asian /Havells/

FINolex/Hincab/Kenstar

5 Mains Copper wires 2 x 1.5

Sqmm

Polycab / L & T FInolex/Anchor /Kenstar

6 Cable Glands & lugs Dowell / Brasco /Siemens /Jainson.

7 Electronic Timer L & T, semiens ,ABB,C &S /HPL /GIC/GE

8 Power Contactor L & T, semiens ,ABB,C &S /HPL /GIC/GE

9 Sword type bracket with Single

/ double arm

Bajaj/walmont/Philips/Crompton

10 MCB MDS/SIEMENS/HAVELLS/CROMPTON/INDO

ASIAN/L & T

11 Iron /Metal clad switch Havells /Anchor /Stanley /C &S /HPL

12 Distribution board MDS/Siemens/Havells/ CRompton Stanley

/C &S /HPL

Note:- All materials shall be of standard make / IS Mark/ and shall be got approved

from Chief Officer and AMC.

LIST OF REFERENCE INDIAN STANDARDS

Sr.

No.

IS CODE NO TITLE

1 383 : 1970 Specification for coarse and fine aggregates from

natural sources for concrete

2 2386(Part3) : 1963 Method of test for aggregates for concrete Part 3 sp.

Gravity, density, voids, absorption and bulking

3 516 : 1959 Method of test for strength of concrete.

4 2506 : 1985 General requirements for screed bard concrete

vibrators.

5 3025 : Methods of sampling and test (Physical and chemical)

for water and wastewater.

6 4926 : 1976 Specification for ready – mixed concrete

7 6461 (Part 8) - 1973 Properties of concrete.

8 8112 : 1989 Specification for 43 grade ordinary Portland cement.

9 9103 : 1999 Specification for admixtures for concrete.

10 13311 Methods of non-destructive testing of concrete

(Part-I) : 1992 Ultrasonic pulse velocity

(Part-II) : 1992 Rebound hammer tests

FORM OF BANK GUARANTEE BANK GUARANTEE

(Security for Performance)

In consideration of the Chief Officer (hereinafter called Municipal

Council (MC) having agreed to exempt hereafter called “The said contractor”)

from the demand, under the terms and conditions of an Agreement dated

(hereafter called “the said Agreement”) made between the Chief Officer AMC

and said contractor for the Security Deposit for the due fulfillment by the said

contractor of the terms and conditions contained in the said Agreement, on

production of the Bank Guarantee for Rs--------------------- (In words Rs. ----

---------------------------------------------------------------- ) we, (hereinafter

referred to as “the Bank” at the request of the said contractor do hereby

undertake to pay to the MC an amount not exceeding the above said amount

of Guarantee against any loss or damage caused to or would caused to or

suffered by the MC by reason of any breach by the said contractor or any of

the terms or conditions.

2. We, ------------------------------------------------------------------ do hereby

undertake to pay the amounts due and payable under this Guarantee without

any demur, in hereby on a demand from the MC stating that the amount

claimed is due by way of loss or damage caused to or would be to or suffered

by the MC by reason of breach of the said contractor of any of the

contractor’s failure to perform the said Agreement. Any such demand made

on the Bank shall be conclusive as regards the amount due and payable by

the Bank under this Guarantee. However, our liability under this Guarantee

shall be restricted to an amount not exceeding the above said amount

Guarantee.

3. WE undertake to pay to the MC any money so demanded not withstanding

any dispute or disputes raised by the Contractor in any suit or proceeding

pending before any court or Tribunal relating thereto our liability under this

present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge

Of our liability for payment there under and the contractor shall have no

claim against us for making such payment.

4. We -------------------------------------------------------------------------------

Further agree that the guarantee herein contained shall remain in full force

and effect during the period that would be taken for the performance of the

said Agreement and that it shall continued to be enforceable till all the dues

of the MC under or by virtue of the said Agreement have been fully paid and

its claims satisfied or discharged till MC certified that the terms and

conditions of the said Agreement have been duly and properly carried out by

the said contractor and accordingly discharges this guarantee unless a

demand or claim under this guarantee is made on us in writing on or before

we shall be discharged from all liability under this guarantee thereafter.

5. We ---------------------------------------------------------------------Further

agree with the MC that the MC shall have the fullest liberty without our

consent and without affecting in any manner our obligations here under to

vary any of the terms and conditions of the said Agreement or to extend time

of performance by the said contractor from time to time or to postpone for

any time or from time to time any of the powers exercisableby the MC

against the said contractor and to forbear or enforce any of the terms and

conditions relating to the said Agreement, and we shall not be relieved from

any liability by reason of any such variation, or extension being granted to

thesaidcontractor, or for any forbearance act or omission on the part of the

MC or any indulgence by the MC to the said contractor or by any such matter

or thing whatsoever which under the law to sureties would, but for this

provisions, have effect of so relieving us.

6. This guarantee will not be discharged due to the changes in the constitution

of the Bank or of the Contractor.

7. We, lastly undertake not revoke this guarantee during its currency except

with the previous consent of the MC in writing.

Dated the Day of 2015-16

For __________________________

(Indicate the name of the Bank)

Note: However, these forms will be as per the current practices of MC and

Banks

Note – To be continued on additional sheets if found necessary


NAME OF WORK PROVIDING MINI HIGH MAST AT MAIN ROAD IN WARD NO11

,AMBARNATH (W)

UNDERTAKING FOR GUARANTEE

I/We Guarantee that

1. I/We will replace, repair and adjust free of all charges to the employer any

part of the work which fails to comply with the specification attached to

tender, fair wear and fear expected until the completion and for a period of

60 months from the date of acceptance certificates issued under Article-24 of

General Conditions of Contract.

2. All the works will be reliable

3. All the works will be of a type which has been proved in service to be suitable

for the duty required by the specifications and will be manufactured and

tested in accordance with appropriate standard specifications approved by

the Municipal Engineer.

4. I/We accept and abide by the clause relating to quality and guarantee of

work.

Date:

Place:

Signature of Contractor


NAME OF WORK PROVIDING MINI HIGH MAST AT MAIN ROAD IN WARD NO11

,AMBARNATH (W)

DECLARATION

I/We Guarantee that

I/We hereby declare that I/We have made myself/ourselves thoroughly conversant

with the local conditions regarding all materials such as stones, murum, sand,

availability of water etc. and labour on which, I/We have based our rates from this

work. The specifications and requirements for this work have been carefully studied

and understood by me/us before submitting the tender.

I/We undertake to use only the best materials, to be approved by the Municipal

Engineer in-charge of work or his duly authorized representative before starting the

work and also to abide by this decision.

I/We hereby undertake to pay the labour engaged on the work as per minimum

wages Act 1984 applicable to the zone concerned or any other as applicable.

Date:

Place:

Signature of Contractor

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19 AMBERNATH MUNICIPAL COUNCIL - e Tenders...19 AMBERNATH MUNICIPAL COUNCIL Name of work :-...

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