Design, Build & Operate 20 MLD Tertiary Sewage Treatment ...Tender opening date Date 20-11-2017 (...

Tertiary Treatment Plants (TTPs) at Airoli & Kopar Khairane STPs

Tenderer City Engineer, NMMC

NAVI MUMBAI MUNICIPAL CORPORATION

Ground Floor, Sector 15 A, palm Beach Junction, CBD Belapur, Navi Mumbai,

Maharashtra 400614

E-TENDER FOR THE WORK OF:

Design, Build & Operate 20 MLD Tertiary Sewage Treatment

Plant (02 Nos.) to treat Secondary treated sewage from Kopar

Khairane Sewage Treatment Plant and from Airoli Sewage

Treatment Plant in Navi Mumbai Municipal Corporation Area

under AMRUT Scheme to supply Tertiary Treated water to

Industries in TTC- MIDC Area (Vashi, Kopar Khairane, Airoli)

VOLUME-1: TECHNICAL BID

ADDRESS FOR COMMUNICATION

Navi Mumbai Municipal Corporation, City Engineer Department, 2nd Floor, Plot No 1 & 2, Sector 15 A, CBD Belapur, Navi Mumbai, Maharashtra 400614, +91 22 27567070

E-TENDER NOTICE NO:

NMMC/CE/270/2017-18

(Website: https://nmmc.maharashtra.etenders.in)

https://nmmc.maharashtra.etenders.in/


Tenderer City Engineer, NMMC

SCHEDULE OF E-TENDER:

Sr

No

NMMC Stage Vendor Stage Start Date &

Time

Expiry Date

& Time

Envelopes

1 Release of tender - From

27/10/2017

Time

17:00

To

14/11/2017

Time

13:00

-

2 - Tender

Download

From

27/10/2017

Time

17:00

To

14/11/2017

Time

13:00

Technical

Envelope,

Commercial

Envelope

3 - Bid Preparation From

27/10/2017

Time

17:00

To

14/11/2017

Time

13:00

Technical

Envelope,

Commercial

Envelope

4 Super hash

Generation & Bid

Lock

- 14/11/2017

15:00

20/11/2017

15:00

Technical

Envelope,

Commercial

Envelope

6 Envelope 1 Opening

(if possible)

- 20/11/2017

16:00

Technical

Envelope

7 Envelope 2 Opening -

PRE-BID MEETING VENUE, DATE & TIME : In the office of Municipal

Commissioner, Navi Mumbai Municipal Corporation on 07-11-2017 at 12:00 Hrs

Bidders shall have to post their queries on e-mail address: [email protected]

on or before 07-11-2017 upto 10:30 Hrs

The tender will be available for purchase and online-preparation till as per online schedule.

For any query regarding online tendering process feel free to call on Helpline no.: 020-25315555

(10.30 am to 8.00 pm on all working days and till 6.00pm on Saturday)

mailto:[email protected]

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NAVI MUMBAI

MUNICIPAL CORPORATION

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�� - 400 614

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NMMC Headquarter, Plot No.1,

Near Kille Gaonthan, Plambeach Junction,

Sector-15A, C.B.D., Belapur,

Navi Mumbai - 400 614.

TEL. No. : 2756 7130

City Engineer Department

E-Tender Notice No: NMMC/CE/ 270 /2017-18

Navi Mumbai Municipal Corporation hereby invites online tender from experienced and qualified contractors

through E- tendering website www.nmmc.maharashtra.etenders.in for the below mention work.

For Detailed information and to participate in the tender visit the website on or after 5.00 pm on dt.27-10-2017.

Name Of Work Type of

Tender

EMD

(Rs.)

Blank

Tender

Fee (Rs.)

Work Period

Design, Build & Operate 20 MLD Tertiary Sewage Treatment Plants

(two plants with 20 MLD capacity each) to treat Secondary treated

sewage from existing STPs at KoparKhairane and Airoli along with

distribution system to supply Tertiary Treated water to Industries in

TTC- MIDC Area (Vashi, Koparkhairane, Airoli ) funded under

AMRUT Scheme of Government of India.

B-2 1.35

Crores

Rs. 10,000

Period for construction

of TTP and Distribution system -

18 Months

+

15 Years Operation and Maintenance of

tertiary treatment plant

and said system

alongwith 16.5 years

for secondary

treatment plant at

Koparkhairane and

Airoli

Blank Tender forms will be available on website www.nmmc.maharashtra.etenders.in and www.nmmc.gov.in.

Details for online submission of e-Tender are as per the table given below.

Details for Online Submission

Release of e-Tender and Bid Preparation From Date 27-10-2017 (Evening 5.00 pm) to

Date 14-11-2017 (Noon 1.00 pm)

Pre bid Meeting at Office of City Engineer, 2nd Floor,

NMMC Head Office.

Date 7-11-2017 ( Noon 12.00 Pm)

Submission of e-Tender From Date 14-11-2017 ( Noon 3.00 pm) to

Date 20-11-2017 ( Noon 3.00 pm)

Tender opening date Date 20-11-2017 ( Noon 4.00 pm, if possible )

Bidder shall pay Tender form fee, Earnest Money Deposit and service charges through online payment

gateway. The above mentioned charges shall be paid by Debit card of any bank, Credit card or through Net banking.

Please note that the above mentioned fees will not be accepted directly at Account Department of NMMC.

Bids will be opened on date - 20-11-2017 (Noon 4.00 pm, if possible ). Bidders who have not paid tender fee,

will not be considered. Navi Mumbai Municipal Corporation reserves the right to reject any or all tenders without

assigning any reason thereof.

City Engineer

Navi Mumbai Municipal Corporation

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Tenderer Page 3 City Engineer, NMMC

NAVI MUMBAI MUNICIPAL CORPORATION

Name of Work : Design, Build & Operate 20 MLD Tertiary Sewage Treatment Plant (02

Nos.) to treat Secondary treted sewage from Kopar Khairane Sewage

Treatment Plant and from Airoli Sewage Treatment Plant in Navi

Mumbai Municipal Corporation Area under AMRUT Scheme to

supply Tertiary Treated water to Industries in TTC- MIDC Area (Vashi,

Kopar Khairane, Airoli)

Price : Rs. 10,000/- (Non-refundable)

Sr. No. ------------------

Issued to : ……………………………………… .……………………………………...

VOLUME 1

CHAPTER

NO

DESCRIPTION PAGE NO

1 SCHEDULE A 5-14

2 DETAILED TENDER NOTICE 15-34

3 GENERAL CONDITIONS OF CONTRACT (GCC)

35-87

4 CONDITIONS OF CONTRACT

FOR OPERATION & MANINTANANCE WORKS 88-124

5 PARTICULAR CONDITIONS OF CONTRACT (PCC)/ Special

Provisions 125-186

6 SCOPE OF WORK, DESCRIPTION OF THE PROJECT AND

DESIGN SPECIFICATION

187-295

7 AIROLI STP- Existing Details

296-312

8 Kopar Khairane STP- Existing Details

313-330

9 SCHEDULE B

331-334

9A Annexure to Schedule B

335-371

9B Tender Forms

372-419

VOLUME 2 (Part A)

CHAPTER

NO

DESCRIPTION PAGE NO

10 SPECIFICATIONS FOR CIVIL AND STRUCTURAL WORKS 1-4

11 SPECIFICATIONS OF MATERIALS 5-34

12 DETAILED SPECIFICATIONS CIVIL WORKS 35-113

VOLUME 2 (Part B)

CHAPTER

NO

DESCRIPTION PAGE NO

13 ELECTRICAL SPECIFICATIONS 1-92

14 INSTRUMENTATION & AUTOMATION SPECIFICATION 93-195

15 MECHANICAL SPECIFICATION 196-316



16 Specifications for Ultrafiltration System 1-39

VOLUME 2 (Part C)

CHAPTER

NO

DESCRIPTION PAGE NO

17 GENERAL CONDITIONS FOR EQUIPMENT ERECTION AND

COMMISSIONING

1-2

18 SPECIFICATION FOR ERECTION, TESTING &

COMMISSIONING OF ELECTRICAL EQUIPMENTS AND

ACCESSORIES

3-10

19 SPECIFICATION FOR INTERCONNECTING PIPING 11-12

20 SPECIFICATIONS FOR INSTRUMENTATION AND SCADA 13-45

21 OPERATION & MAFINTANANCE (O&M) 46-55

22 VENDOR LIST 56-64

23 PREVENTIVE MAINTENANCE GUIDELLINES 65-81

24 DATA SHEETS FOR 20 MLD (Net Output) TERTIARY

TREATMENT PLANT 82-93

VOLUME 2 (Part D)

25 Employers Requirements (General) 1-280

VOLUME 3

CHAPTER

NO

LIST OF TENDER DRAWINGS

TENDER DRAWINGS

TO BE RECEIVED ON / /2017 UPTO ---------- HRS. FROM E-TENDERING WEBSITE

www.nmmctenders.com or NMMC WEBSITE www.nmmc.gov.in

Issued to ………………………………

Receipt No. ……………………………… Dated ..………………….…….

City Engineer

Navi Mumbai Municipal Corporation

http://www.nmmctenders.com/



(1) SCHEDULE A



SCHEDULE ‘A’

1. Name of Tender

2. Estimated Cost of

Work Capital Cost : 132.86 Crores

(Rupees: One Thirty Two Crores and Eighty Six Lacs only) FOR 1.5 Year

PLUS (+)

Operation & Maintainance Cost: 137.23 Crores (FOR 1.5 Year Construction

Period Plus 15 Years)

(Rupees: One Hundread Thirty Seven Crores and Twenty Three Lacs Only)

FOR SECONDARY TREATMENT: 16.5 YEARS (Including monsoon)

FOR TERTIARY TRATEMENT ALONG WITH DISTRIBUTION SYSTEM: 15

YEARS (Including monsoon)

3. Persons

Responsible

City Engineer

4. Eligibility Criteria and Documents Required to Establish Eligibility

Criteria Required eligibility Documents Required to be

attached with tender or to

be uploaded in case of e-

submission to Establish

Eligibility

4A. ELIGIBILITY CRITERIA

THE TENDERER SHALL FULFIL THE FOLLOWING REQUIREMENTS / EXPERIENCES FOR

QUALIFICATION IN ITS OWN NAME FOR ANY GOVERNMENT OR SEMI-GOVERNMENT

ORGANIZATION/ PUBLIC SECTOR UNIT UNDERTAKING

(a) Certification ISO 9001:2015 Certification required Attested copy of valid

certificate required at the

time of submission of tender.

(b) Financial

Turnover

Average Annual financial turnover during the

last three years, ending 31st March, 2017 (in all

classes of engineering activities) should be at

least 100% of the estimated cost i.e. Rs. 132.0

crores

Statutaory Auditor

Certificates for last 3 years

(c ) Net worth The bidder shall have Net worth of Rs. 33.0

crores as on 31st March, 2017

Statutaory Auditor

Certificate

4B. OTHER

ELIGIBILITY

CRITERIA

Design, Build & Operate 20 MLD Tertiary Sewage Treatment Plant (02

Nos.) to treat Secondary treated sewage from Kopar Khairane Sewage

Treatment Plant and from Airoli Sewage Treatment Plant in Navi Mumbai

Municipal Corporation Area under AMRUT Scheme to supply Tertiary

Treated water to Industries in TTC- MIDC Area (Vashi, Kopar Khairane,

Airoli)



(a ) Registration Registered with Income tax and Goods and

Services Tax Department. Attested Copy of

registration

(b)

EXPERIENCE

(1) Experience of having successfully

completed similar works during last 7 years

in India ending last day of month previous

to the one in which application are invited

should be either of the following:

(i) Three similar completed works costing

not less than the amount equal to 40% of the

estimated cost (Rs.52 crores)

OR

(ii) Two similar completed works costing


estimated cost (Rs.66 crores)

OR

( iii) One similar completed work costing


estimated cost (Rs 105 crores)

(2) The Bidder should have satisfactorily

completed similar works of at least or should

have association with the technology

partner who has installed & commissioned

ultra-filtration membrane treatment and

higher treatment process for any

Government or semi-government

organization/ Public sector unit undertaking/

Public limited company in India e.g. Reverse

osmosis Desalination etc. units in all respects

(during last 7 years ending last day of month

previous to the one in which application are

invited should be either of the following):

(i) Bidder should have completed similar

project of Design, Construction and

commissioning of Three numbers of 16

MLD capacity net output membrane

based UF and Higher Treatment Plant

(TTP) each

OR (ii) Bidder should have completed similar


commissioning Two Numbers of 20

MLD capacity net output membrane

based UF and Higher Treatment

Treatment Plant (TTP)

OR (iii) Bidder should have completed similar

Annexures 4, 5 & 6

Work order, Contract

Copy, work Completion

Certificate from Client

not below the rank of

Executive Engineer

highlighting the

parameters specified in

the Criteria.

Tender documents

submitted without the

requisite Certificate

issued by the competent

authority will be

summarily rejected.

Certificate(s) from its

Statutory Auditors

specifying Turnover of

the Agency, as at the

close of the preceding

financial year, and also

specifying the

methodology adopted for

calculating such

Turnover.

Certificate(s) from its

Statutory Auditors

specifying the net worth

of the Agency, as at the

close of the preceding

financial year, and also

specifying that the

methodology adopted for

calculating such net

worth.

Copy of the latest

Service Return filed /

Copy of PAN Card.

satisfactorily completed

means project should

acheived minimum 85%

physical progress as

certified by the

employer.

In case the Bidder does not

meet any particular criteria




commissioning One Number of 32 MLD

capacity net output membrane based UF

and Higher Treatment Treatment Plant

(TTP)

(3) The Bidder must have experience Operation

and maintenance of the said plant(s) of

similar works of ultra-filtration membrane

treatment and higher treatment process e.g.

Reverse osmosis Desalination etc. units for

minimum 2 Years within past 7 years with

PLC-SCADA for any Government or semi-

government organization/ Public sector unit

undertaking/ Public limited company

(4) The Bidder should have satisfactorily

completed similar work- Water Distribution

Network, during last 7 years ending last day

of month previous to the one in which

application are invited should be either of the

following:

(i) Three numbers of projects with

Distribution Network of 33.0 km

OR

(ii) Two Numbers of projects with


OR

(iii) One Number of project with


(5) Assessed available Bid Capacity=

( A * N* 2) – B

Where,

A =Minimum annual financial turnover In last

three years , N = 18 months

B = Value (updated to the price level of the

Financial Year 2017-18) of Existing Commitments

and On Going Works to be completed during the

next 18 months.

Note: The Statements showing the Value of

Existing Commitments and On Going works as

well as the Stipulated Period of Completion

remaining for each of the Works Listed should be

countersigned by the Employer in charge, not

below the Rank of an Executive Engineer or

as mentioned, but its parent

company of which the Bidder

is a subsidiary meets those

particular criteria, then the

experience of the parent

company will be considered

as if it is met by its bidding

subsidiary company provided

the parent company gives an

unconditional undertaking

supported by Board

Resolution with regard to

providing total support both

financially and technically to

its subsidiary during the

currency of the contract.



equivalent.

(6) The experience of Joint Venture SHALL BE

considered only if the project component

exeuted by the bidding agency is fulfilling

the above criteria from the any Government

agency poject and is substanitaed by the

revenue recived from the project duly

certified by Statutory audior.

However, if the work is jointly executed

in India by an Indian subsidiary along with

its parent holding company, the complete

experience shall be considered for Indian

subsidiary also for qualification.

Similarly, the experience of Technology

partner who agrees to enter into

Consortium/ Special Purpose Vehicle

(SPV) may be considered for

Qualification.

(7) Even though the Bidder meets the above

criteria, they are subject to be disqualified

if they have

i) Made misleading or false

presentations in the forms,

statements and attachments

submitted in proof of the

qualification requirements; and / or

ii) During verification if it is found

from client that of poor

performance such as abandoning

the works, litigation history, or

financial failure etc.

iii) Being debarred by any

Government or Semi Government

Entity as on the date of application

c Equipment

Available

Plant and Machinery -

Annexure 7

d. Qualified Personnel Adequate engineering and other Staff required for

the performance of the Contract as mentioned in

the tender document annexure.

Annexure 8

e. No relationship

with Corporators

See Clause 12 of Detailed Tender Notice.

f. Validity Period The offer of the contractor shall remain valid for

120 days from the date of opening of tender.



g. Special Conditions

(If Any)

1. Attested copy of EPF registration is necessary.

2. Attested copy of valid GST registration

certificate.

3. Attested copy of PAN card.

4. Attested copy of ESIC registration certificate.

h. Others Undertaking – Annexure-2

5. Earnest Money Deposit (E. M. D) A) 1.35 Crore (Rupees:

One Crore Thirty Five

Lacs only) to be paid by

Debit / Credit card or Net

Banking or Bank Gurantee

in favour of NMMC

alongwith Tender as per

G.R. dt.28.03.2016

B) The tender and tender

guarantee bond (Earnest

Money Deposit) shall be

submitted by the Agency in

whose name tender has

been issued. Transfer of

tender documents to any

other party is prohibited.

6. Additional Security Deposit-

The agency will have to furnish an additional 1% security deposit if the

rate quoted by it is upto 10 % below. For tenders quoted more than 10%

below the cost put to tender, the agency will have to furnish an

additional security deposit of 1% + 1% for each percent quoted

below10%.

For Example:In case the agency quotes 14 % below the cost put to tender

the agency will have to furnish additional security of 1% + 4% = i.e. 5%

in the form of demand draft of any Govt. bank or Scheduled bank having

MICR/IFSC code in the name of concerned authority.

The validity of demand draft should be three months fRom the date of

issue. (For details please refer the GR NO. शासन ननर्णय क्र.

बीडीजी/2016/प्र.क्र.-2/इमा 2 दि.12/02/2016.

7. Security Deposit

a. Initial Security Deposit 3% of Contract sum

b. Further Security Deposit, to be deducted from Bills 2% of Contract sum

8. Type of Contract Lumpsum on DBO basis

9. Percentage to be charged as supervision charges for the

work got executed through other means.

24.50% to be charged as supervision charges

in addition to cost of executed work if the

work got executed through other agency due

to default of the agency



10. Contract Period The contract period is hereby fixed as 18

months including testing, trial run and

commissioning[Including monsoon] from the

15th Day of issuance of work order.

The successful tenderer shall execute the

Contract Agreement within 15 days after the

date of Issuance of Letter of Acceptance.

Operation And Maintainance For

Secondary Treatment: 16.5 Years

Operation And Maintainance For

Tertiary Tratement Along With

Distribution System: 15 Years

11. Tenderers / Bidders should submit affidavit and

undertaking in requisite format on rupees 100/- stamp

paper.

12. Tenderers / Bidders should note that as per the

construction workers welfare act 1996, 1% cess of

contract value towards the welfare of construction

workers will be deducted from the bills.

13. Due Diligence A) The Tenderer is expected to carry out due

diligence of the allotted work.

B) Maintain daily operation and maintenance

register.

C) Any other conditions as may be

prescribed by the Municipal Commissioner

from time to time.

14. Defect Liability Period 60 Months after completion of work.

15. Penalty for delay Zero Point two percent (0.2%) of the

contract price per day maximum up to 10 %

(ten percent) of the contract price.

16. Pre Bid Bidders shall have to post their queries on e-

mail address

[email protected]

on or before date given in Schedule of

Tender and the Pre bid meeting shall be

scheduled as per Schedule of e-Tender.

17. Submission of Tender (Following condition shall supersede

relevant condition mentioned elsewhere in

the bidding document )

All Documents must be coloured scanned to

be seen as original. Scanning in Black and

White or gray shall not be acceptable .

All the Documents must be notarized with

clearly displaying stamp , number and name

of the notary.

Price Bid shall have to be quoted strictly

mailto:[email protected]



online only. No hard copy of price bid shall

be accepted.

Addenda/corrigenda to these tender

documents , if issue must be signed and

submitted online only.

Affidavit on Non judicial Stamp Paper of

Rs. 100/- successful brider has to submit all

the documents technical bid, price bid etc. in

hard copy upon informed by NMMC



Sr

No

Item Data

18 Notices and other

communications:

Work order, agreement and legal notices to be delivered physically

through hand delivery and registered post.

Notices, instructions, general communications – email, and through

MIS software.

19 Address of Contractor for

communications:

(To be filled up by the Bidder before the Bid is submitted)

20 Contract shall be governed by

the law of:

India

21 Ruling language: English

22 Language for communications: English

23 From the date of receipt of the

Letter of Award by the Bidder,

the Bidder shall be given right

of access to all or part of the

Site within:

Within Three Sixty Days (360 Days)

24 Time for Submission of

Performance Security

The Contractor shall submit to the Employer the Performance

Security within Fifteen (15) days from the date of receipt of the

Letter of Acceptance

25 Time for Submission of

Construction Program

The Contractor shall submit the construction program to the

Employer’s Representative within fifteen (15) days of Issuance of

Work Order. The construction program will be subject to the

approval of the Employer’s Representative, and shall form a part of

the Agreement.

26 Contractor's Documents

requiring approval from

Employer:

Surveys and Investigations Reports

Work methodology

All design basis reports

All detailed design documents with appropriate software

Civil Guide Drawings

General Arrangement Drawing

All Good for construction drawings

Procurement plan

QA/QC manual

Work schedules

Environment Management Plan

Safety manual

Purchase and hiring agreements

As Built Drawings

O & M Manual for the Plant and Equipment

Management contract including service level Bench mark

Resources allocated Project Construction schedule

All subcontracting proposals

Suppliers and vendors

Any other item as may be specified by Employer

Memorandum of association and articles of association of

the Bidder and in case of a consortium, with the

memorandum of association and articles of association of

each member constituting the consortium” Financial papers



of the Bidder and in case of a consortium, with the financial

papers of each member constituting the consortium.

27 Normal working hours on the

Site:

as per General Conditions of Contract (GCC)

28 Minimum production outputs

required:

As per Service Level benchmarks

29 Plant and Materials for payment

when delivered to the Site:

As per Payment Schedule

30 Currencies for payment of

Contract Price:

Indian Rupees

31 Performance Gurantee 10% of the operation and maintenance component price, to be given

in the form of Bank Gurantee in the prescribed format on the Date

of Commencement of the Plant

32 Date for appointment of Dispute

Adjudication Board (DAB):

To be announced later

33 The DAB shall comprise: To be announced later

34 Appointing entity (official) for

Dispute Adjudication Board

(DAB) members,

Municipal Commissioner, NMMC

35 Language of arbitration: English



(2) DETAILED TENDER NOTICE



DETAILED TENDER NOTICE

1.0 Sealed bids are invited by and on behalf of Commissioner, Navi Mumbai Municipal Corporation from

Eligible bidders for the proposed Work specified in Schedule ‘A’.

2.0 ISSUE OF TENDER

2.1. Tender book will be made available at E-tendering cell, Navi Mumbai Municipal Corporation,

CBD Belapur from date of publication of Tender Notice on News paper to the Contractors for work of

Tender Amount upto Rs.03 lacs & above amount tender book may buy from E- tendering website

(www.nmmc.maharashtra.etenders.in) & www.nmmc.gov.in

2.2 For work of tender amount above Rs. 03 lacs above, tender book will be issued online though

E-tendering Website (www.nmmc.maharashtra.etenders.in)& www.nmmc.gov.in to Contractor.

2.3 Price of Blank Tender form cost must be paid by online and Receipt of the same should be

given to NMMC with hard copy.

.

2.4 The Tender Document is not transferable. Only the Tenderer who has purchased the tender

form shall be entitled to bid in the Tender.

3.0 LANGUAGE OF TENDER / CONTRACT

The language of the Contract shall be English/Marathi and all correspondence, drawings etc. shall

confirm to the English/Marathi language.

4.0 PREBID CONFERENCE

A Prebid Conference of all the intending Tenderers will also be held at the scheduled date and time

indicated in Schedule ‘A’ of the tender. Intending Tenderers will be allowed to seek clarification and

suggest suitable modifications in specifications, conditions of the Contract etc. The Corporation will

communicate such changes that are accepted by it, to all the intending Tenderers who have purchased

the Tender document from the Corporation. Only such changes that are so communicated shall be

binding on the Corporation and all the Tenderers.

5.0 VALIDITY OF BIDS

The bids will be valid for the period indicated in Schedule ‘A’

6.0 EARNEST MONEY

6.1 The Tenderer shall deposit the amounts indicated in the Tender Notice as Earnest Money Deposit

(EMD). The Earnest Money shall be deposited by online only. Demand draft / pay order will not be

accepted. The failure or omission to deposit the Earnest Money shall disqualify the Tender and the

Corporation shall exclude from its consideration such disqualified Tender(s). No interest shall be

payable by the Corporation in respect of such deposited Earnest Money.

The tenderer should refer user’s guide while depositing EMD though the e-tendering

website (www.nmmc.maharashtra.etenders.in) & www.nmmc.gov.in

7.0 FORFEITURE OF EMD

7.1 The Tenderer shall not revoke his Tender or vary its terms and conditions without the consent of the

Corporation during the validity period of Tender. If the Tenderer revokes the Tender or vary its terms

or condition contrary to his promise to abide by this condition, the Earnest Money deposited by him

http://www.nmmc.maharashtra.etenders.in/

http://www.nmmc.gov.in/







shall stand forfeited to the Corporation without prejudice to its other rights and remedies and the

Tenderer shall be disentitled to submit a tender to the Corporation for execution of any Work during

the next 24 months effective fRom the date of such revocation.

7.2 If Successful Tenderer does not pay the Security Deposit in the prescribed time limit or fails to sign

the agreement bond, his Earnest Money Deposit will be forefited by the Corporation.

8.0 REFUND OF EARNEST MONEY

The Earnest Money of an unsuccessful Tenderers shall be refunded after the successful Contractor

furnishes required Initial Security Deposit to the Corporation and sign the agreement or within 30 days

of the expiry of validity period, whichever is earlier.

9.0 COST OF TENDER

The Tenderer shall bear all costs associated with the preparation and submission of its Tender. The

Corporation shall in no case be responsible or liable for these costs, regardless of the Conduct or the

out come of the Tendering pRocess.

10.0 ELLIGIBLE TENDERERS

Only those Contractors fulfill the Eligibility criteria as mentioned in the Schedule ‘A’ of the tender

notice are eligible to submit their tender for this Work.

11.0 SPARE CAPACITY OF WORK FOR TENDERING/ BID CAPACITY

The Tenderers shall be eligible to submit the tender to the Corporation subject to the essential

condition that the price tendered by him together with the value of the outstanding Works under

execution by him for the Corporation or any other employer shall not be more than four times the

value of the average annual turnover of Works executed during the preceding three financial years

ending 31st March.

12.0 RELATION SHIP WITH CORPORATOR(S)

Tenderer shall not be associated presently or in the past with any of the office bearer or Corporator of

the Navi Mumbai Municipal Corporation either directly or indirectly as specified in the section 10(f),

(g) of Maharashtra Mahanagar Palika Adhiniyam 1949. The Tenderer shall furnish an Affidavit on a

Non-Judicial stamp paper of Rs.100/- If any information so furnished shall be found to be untrue or

false, the tender shall be liable to be disqualified and the Earnest Money accompanying such tender

shall stand forfeited to the Corporation. If the information so furnished shall be found to be untrue or

false during the currency of the contract the Tenderer shall be held to be in-default and the contract if

any awarded to him shall be liable to be terminated with its consequences.

13.0 TIME OF COMPLETION

The period of completion of Works is enumerated under Schedule ‘A’. The time of completion shall

commence fRom the date of placing the Work Order or date of handing over the site whichever is

earlier. The completion period is for all items of Work in all parts of Tender Documents.

14.0 SCHEDULE OF RATES AND QUANTITIES

14.1 The Tender has been drafted on the basis of pre-priced schedule of rates and quantities for different

types of items.

14.2 All the tender items are priced as mentioned in Schedule B of Tender.

14.3 The Contractors are expected to work out their own rates based on the detailed technical

specifications, drawings & conditions and finally arrive at the cost of the Work in the appRopriate



places. The contractor shall insert percentage cost over or below the Corporations cost to arrive at the

contract value for the work in Schedule B. In case of item rate, rate should be mentioned infRont of

item in Schedule B.

14.4 In case of Lump Sum Contract, Tenderer should insert his Lump Sum cost as contract value for the

Work.

15.0 INSPECTION OF SITE AND SUFFICIENCY OF TENDER

15.1 The Contractor shall inspect and examine the site and its surrounding and shall satisfy himself before

submitting his Tender as to the nature of the ground and subsoil (so far as is practicable), the form and

nature of the site, the quantities and nature of the Work and materials necessary for the completion of

the Works and means of access to the site, the accommodation he may require and in general, shall

himself obtain all necessary information as to risk, contingencies and other circumstances which may

influence or affect his Tender.

15.2 The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and

sufficiency of his Tender for the Works and of the rates and prices quoted in the schedule of

Works/items/ quantities or in bill of quantities, which rates and prices shall, except as otherwise

pRovided, cover all his obligations under the contract and all matters and things necessary for pRoper

completion and maintenance of the Works.

15.3 No extra charges consequent on any misunderstanding or otherwise shall be allowed.

15.4 NMMC shall facilitate the access to the existing facilities and proposed sites by either arranging the

Visit by itself at specified times or allowing their experts of the bidders to visit the existing facilities

and the documents requid by them regarding the plant and its operations shall be provided.

16.0 MANNER OF SUBMISSION OF TENDER

16.1 The Complete tenders estimated cost above Rs. 03 lacs should be submitted online at website

(www.nmmc.maharashtra.etenders.in) & www.nmmc.gov.in

16.2 Telex, cable or facsimile offers will be rejected.

17.0 LAST DATE FOR SUBMISSION

17.1 Sealed Tender offers shall be received at the address specified above not later than the time and date

specified in the Schedule ‘A’ of the Tender .

17.2 In the event of the specified date for the submission of Tender offers being declared a holiday, the

offers will be received up to the appointed time on the next working day

17.3 The Corporation may, at its discretion, extend this deadline for submission of offers by amending the

Tender Documents, in which case all rights and obligations of the Corporation and Tenderer will

thereafter be subject to the deadline as extended.

17.4 Any Tender offer received by the Corporation after the deadline for submission of Tender offer

prescribed by the Corporation, pursuant to the clause above, will be rejected and / or returned

unopened to the Tenderer.

18.0 MODIFICATION AND WITHDRAWAL OF OFFERS

The vendor may modify or withdraw his offer after its submission, provided that written notice of the

modification or withdrawal is received by the Corporation prior to the closing date and time prescribed





for submission of offers. No offer can be modified by the vendor, subsequent to the closing date and

time for submission of offers.

19.0 CONTENTS

19.1 Online & Offline Tenders are invited in two envelope system. The completed Tender shall be

submitted in sealed envelope, superscribing the name of Work & C.A.No mentioned in the Tender

notice.

19.2 Full name and address of the Tenderer shall be written in the bottom left corner of each envelope.

19.3 The envelope shall contain the following

Envelope No.1 (Technical Bid) :

This should contain all the documents mentioned below. This Envelope may contain other documents

also such as Technical bids, drawings, etc as mentioned in the Tender notice.

a) List of all the documents enclosed in the envelope.

b) The tender price receipt (where it is downloaded fRom the official website.)

c) Undertaking in form prescribed in ‘Annexure 2’ duly signed by a person holding a valid

Power of Attorney.

d) Power of Attorney authorized the person to sign the Tender Document (see clause 20(e)).

e) The receipt of EMD (as per clause 6.0 above) or valid certificate of exemption issued by the

City Enginner of Navi Mumbai Municipal Corporation.

f) Attested copy of the valid registration certificate (as requested by the eligibility condition at

Annexure ‘A’)

g) Deleted.

h) Details of firms in Annexure 3.

i) The Tenderer shall furnish a statement showing the type and magnitude of work done with last

7 years as per Annexure 4.

j) List of works in hand as on the date of submission of this tender.(Annexture-5)

k) List of works in tenderer as on the date of submission of the this tender (Annexure 6).

l) List of machinery and plant immediately available with the Tendere for use on his work and

list of machinery pRoposed to be utilized on this work but not immediately available and the

manner in which it is pRoposed to be pRocured in (Annexure 7).

m) Details of Technical personnels available with the contractor in (Anneexure 8).

n) Affidavit on a non-juditial Stamp paper of Rs.100/-

Envelope No.-2

For tender amount below Rs. 03 lacs (Financial bid) - This envelope shall contain the Complete set of

Tender Documents along with corrigendum, addendum if any issued, duly filled in and initial on each

page and signed by the Tenderer(s) at prescribed places of the Tender Documents, including signature

of witnesses. (un-conditional).

For tender amount above Rs. 03 lacs : e-submission only.

20.0 IMPORTANT POINTS TO BE NOTED BY THE TENDERER

a) On receipt of blank Tender form the Tenderer should ensure that no corrections or over writings or

erasures are left to be attested by the competent authority of the Corporation.

b) The price-bid shall be inclusive of all taxes, Local taxes, GST etc. to be paid by the Tenderer for

the Work and claim for extra payment on any such account shall not be entertained.

Any change that will be made in the Tender paper by the competent authority after issue of the

Tender will be intimated to the Tenderer in the form of Corrigendum/Addendum for incorporating

the same in the Tender before submitting the Tender.



c) Price-bid should be written both in words and figures in the Schedule ‘B’, at appRopriate places.

d) No alterations and additions any where in the Tender Document are permitted. If any of these are

found, the Tender may be summarily rejected. The Tenderer should get his doubts cleared during

pre-Tender meeting only if pRovided in the Tender. In case if no pre-bid meeting is to be held the

Tenderer should seek clarification or any doubt in writing 7 days before the last date for receipt of

Tenders.

e) In case of firm, each partner or power of attorney holder shall sign the Tender and the signatures

shall be attested as witness by a reputed person in the space pRovided for the purpose. The

attested copies of power of attorney of person signing the Tender shall be enclosed with the

Tender. The power of attorney shall be signed by all partners.

In case of private limited/public limited companies, the power of attorney shall be supported by

Board resolutions and appRopriate and adequate evidence in support of the same shall be given.

f) All pages and pasted slips should be signed by the Tenderer.

g) No page shall be added or removed fRom the set of Tender Document.

h) Tenderer shall be deemed to have studied the schedule of Works / Items / Quantities / Rates, all

plans, specifications, terms and conditions, shall inspect and examine the site and its surRounding

and shall satisfy himself before submitting his Tender as to the nature of the gRound and subsoil

(so far as is practicable), the form and nature of the site, nature of the Work and materials

necessary for the completion of the Works and means of access to the site, the accommodation he

may require and in general shall himself obtain all necessary information as to risk, contingencies,

obligations under the Contract and all matter and things necessary for pRoper completion and

maintenance of the Works. No extra charges consequent on any misunderstanding. A declaration

and an undertaking to this effect should be singed by the Tenderer in the form attached at an

Annexure - 2.

i) The Tenderer shall submit the Tender which satisfies each and every condition laid down in this

Tender notice, failing which the Tender will be liable to be rejected conditional Tenders will be

rejected.

21.0 CORRUPT OR FRAUDULENT PRACTICES

21.1 The Corporation requires that the bidders/suppliers/ Contractors under this Tender observe the highest

standards of ethics during the pRocurement and execution of such contracts. In pursuance of this

policy, the Corporation defines for the purposes of this pRovision, the terms set forth as follows:

a) “corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence

the action of the public official in the pRocurement pRocess or in contract execution; and

b) “fraudulent practice” means a misrepresentation of facts in order to influence a pRocurement pRocess

or a execution of a contract to the detriment of the Corporation, and includes collusive practice among

bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive

levels and to deprive the Corporation of the benefits of the free and open competition;

21.2 The Corporation will reject a pRoposal for award if it determines that the Bidder

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract

in question; The Corporation will a firm ineligible, either indefinitely or for a stated period of time, to

be awarded a contract if it at any time determines that the firm has engaged in corrupt and fraudulent

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

22.0 MANNER OF OPENING OF TENDER



For the work of Rs. 03 lakhs below, The Tender received within the schedule time and date specified

in the Tender Notice will be opened as per the specified pRogram in the office as mentioned in the

Tender Notice (If Possible). The tenders will be opened in the presence of Tenderers or their

authorised representatives who choose to remain present

For the Work of Rs. 03 lakhs above, tender will be open online in the presence of Tender Committee

and e-tendering Administrator.

23.0 PROCESS TO BE CONFIDENTIAL

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

award of a Contract shall not be disclosed to Bidders or any other person not officially concerned with

such pRocess until the award to the successful Bidder has been announced.

24.0 PRELIMINARY SCRUTINY

24.1 The Corporation will scrutinize the offers to determine whether they are complete, whether

any erRors have been made, whether required technical documentation have been furnished, whether

the documents have been pRoperly signed, and whether the offers are generally in order.

24.2 Prior to the detailed evaluation, the Corporation will determine the substantial responsiveness

of each offer to the Tender Documents. For purposes of these Clauses, a substantially responsive bid is

one that confirms to all the terms and conditions of the Tender Documents without material

deviations. The Corporation’s determination of an offer’s responsiveness is to be based on the contents

of the Tender offer itself without recourse to extrinsic evidence.

24.3 A Tender offer determined as not substantially responsive will be rejected by the Corporation

and may not subsequently be made responsive by the Bidder by correction of the non-confirmity.

The Corporation may waive any minor infirmity or irregularity in a Tender offer, which does not

constitute a material deviation. This shall be binding on all Tenderers and the Corporation reserves the

right of such waivers.

25.0 CLARIFICATION OF OFFERS

To assist in the scrutiny, evaluation and comparison of offers, the Corporation may, at its discretion,

ask some or all vendors for technical clarification of their offer. The request for such clarifications and

the response shall be in writing. To speed up the Tender pRocess, the Corporation, at its discretion,

may ask for any technical clarification to be submitted by means of facsimile by the Tenderer. In such

cases, original copy of the document describing the technical clarifications must be sent to the

Corporation by means of courier / in person.

26.0 REJECTION OF TENDERS

The Tenders are liable to be rejected if the Tenderer

Does not submit price of Tender in the form of original cash receipt.

Does not submit EMD.

Does not submit Undertaking on Rs.100/- stamp paper. (Annexure-2)

Does not disclose the full names and address of all his partners in case of a Partnership Concern;

Does not submit the information as called for in Annexure ( 3 to 8)



Does not submit affidavit on Rs. 100/- Stamp Paper. (Annexure - 9)

Fails to initial corrections;

Fails to fill completely all the preformed provided in the Tender including proforma of

submission of Tender and percentage and amount columns in Schedule - `B';

Tries to contact the Corporation on any matter relating to its bid, or tries to influence the

Corporation in its decision on bid evaluation, bid comparison or Contract award fRom the time of

the bid opening to the time of contract is awarded.

Stipulates any condition in the Tender;

Stipulates the validity period less than what is stated in the form of Tender;

Does not quote rates inclusive of octRoi duty and other terminal or Sales Tax or General taxes,

etc.

Does not sign every page of Tender with seal of company / firm;

27.0 SHORT – LISTING OF VENDORS

The Corporation will short-list technically qualifying vendors and commercial offers of only these

vendors will be opened at the date and time to be intimated.

28.0 OPENING OF COMMERCIAL OFFERS

The Corporation shall notify the date of opening of the commercial bids to all the Tenderers.

On such notified date the Envelope No. 2 will be opened and the rates in Schedule ‘B’ or percentage

above / below the Estimate shall then be read out.

29.0 ACCEPTANCE OF TENDER

29.1 Acceptance of Tender on behalf of the Corporation shall be done by an officer(s) to whom the powers

are delegated by the Municipal Commissioner.

29.2 The Corporation is not bound to accept the lowest or any Tender. The Corporation reserves the right

to reject any or all Tenders received without assigning any reason whatsoever.

30.0 INTIMATION TO SUCESSFUL TENDERERS

The acceptance of Tender may be communicated to the successful Tenderer in writing or otherwise

either by the Tender opening Authority or any Authority in the Corporation.

31.0 SECURITY DEPOSIT

The Contractor shall pay a Security Deposit equal to five percent of the contract sum as security for

due fulfillment of the contract, unless otherwise stated in the Tender Documents

The mode of making this deposit is as under.

a) Initial or contract deposit.

A sum, which along with the Earnest Money already paid, amounts to three percent of the contract

sum shall be paid within 15 days after receipt of intimation in writing of acceptance of Tender. It

is optional to the Contractor to make the contract deposit in any one of the following ways :



i) Wholly in cash or.

ii) Wholly in form of National Saving Certificate pledged in favour of the Corporation or Bank

Guarantees / Fixed deposit fRom Nationalized / Scheduled Banks in the enclosed format.

iii) Partly in cash and partly in form of National Saving Certificate pledged in favour of the

Corporation or Bank Guarantees / Fixed Deposit fRom Nationalized / Scheduled Banks in the

enclosed format.

b) Retention Money:

The remaining amount of the Security Deposit i.e. 2% shall be recovered fRom the Contractor’s

running bills at the rate of five percent and such retention together with the contract deposit made

as aforesaid shall not exceed in the aggregate five percent of the contract sum after which such

retention will cease.

c) All compensation or other sums of money payable by the Contractor under the terms of this

contract or any other account whatsoever, may be deducted fRom or paid by the sale of a

sufficient part of this Security Deposit/retention money or fRom the interest arising there fRom or

fRom any sums which may be due or may become due to the Contractor by the Corporation on

any account whatsoever, and in the event of his Security Deposit/retention money being reduced

by reason of any such deduction or sale as aforesaid, the Contractor shall within 15 days of receipt

of notice of demand fRom the City Engineer make good the deficit.

In the event of the said deposit having been made by the Contractor by delivery to the Corporation

by the Guarantee of the Bankers of the Contractor, and of the Contractor under any of the

pRovisions of this contract becoming subject to or liable for any penalty for damages liquidated or

unliquidated or of the said deposit becoming forfeited or any breach or failure or determination of

contract, then, and in such case the amount of any such penalty or damages and the deposit so

forfeited is not previously paid to the Municipal Commissioner, shall immediately on demand be

paid by the said Bankers to Corporation and may be forfeited by the Municipal Commissioner

under and in terms of the said Guarantee.

32.0 EXECUTION OF CONTRACT DOCUMENT

The successful Tenderer after furnishing Initial Security Deposit, is required to execute an Agreement

in duplicate in the form attached with the Tender Documents on a stamp paper of pRoper value. The

pRoper value at present is Rs. 100/-for Rs.10 Lacs & Rs.100/-for evry next 1Lakh.The agreement

should be signed within a month fRom the date of acceptance of the Tender. The Contract will be

governed by the Contract agreement, the General Conditions of the Contract (G.C.C.), and the Special

Conditions of the Contract and other documents as specified in the G.C.C.

33.0 STAMP DUTY, LIGAL AND STATURY CHARGES

It shall be incumbent on the successful Bidder to pay stamp duty for the Contract agreement, as

applicable on the date of the execution.

34. LICENCES

The successful Tenderer should comply statutory instruction of contract labour & will be required to

pRoduce to the satisfaction of the City Engineer a valid contract labour license issued in his favour

under the pRovision of the Contract Labour License (Regulation and Abolition) 1970, before starting

the Work. On failure to do so, the acceptance of the Tender is liable to be withdrawn and also the

Earnest Money is liable to be forfeited.

35.0 RIGHTS OF THE CORPORATION



The Corporation reserves the right to suitably increase/reduce the scope of Work put to this Tender.

The right to split up the Work in two or more parts is reserved by the Corporation and also the right to

award the Work to more than one agency is reserved.

36.0 INTERPRETATION OF THE CLAUSES IN THE TENDER DOCUMENT / CONTRACT

DOCUMENT

In case of any ambiguity in the interpretation of any of the clauses in Tender Document or the

Contract Document, interpretation of the clauses by the Corporation shall be final and binding on all

parties.

37.0 NOTICE TO FORM PART OF CONTRACT

Notice of Tender and these instructions shall form part of the contract.



Annexure –1

FORM OF BANK GUARANTEE BOND

1. In consideration of the Navi Mumbai Municipal Corporation (hereinafter called ‘The NMMC’) having

agreed to exempt _____________________________________ (hereinafter called “the said

Contractor(s)’) fRom the demand under the terms and conditions of an Agreement dated

_____________________________ made between _____________________________________ and

_______________________________ for ____________________________________ (hereinafter

called “the said Agreement of security deposit for the due fulfillment by the said Contractor (s) of the

terms and conditions contained in the said Agreement, on pRoduction of a Bank Guarantee for Rs.

_____________________________Rupees________________________________________________

_____________________Only we, _________________________________________ (hereinafter

referred to as ‘the bank’) at the request ( indicate the name of the bank) of

______________________________ [( Contractor (s) do hereby undertake to pay the NMMC an

amount not exceeding Rs. _____________________________ against any loss or demand caused to or

suffered or would be caused to or suffered by the NMMC by reason of any branch by the said

Contractor (s) of any of the terms or conditions contained in the said Agreement.

2. We _____________________________________________ do hereby undertake to pay the ( indicate

the name of the bank) amounts due and payable under this guarantee without any demur, meerely

on a demand from the NMMC stating that the amount claimed is due by way of loss or damage caused

to or would be caused to or suffered by the NMMC by reason of breach by the said Contractor (s) of any

of the terms or conditions contained in the said Agreement or by reasons 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 Rs. ...................

3. We, undertake to pay to the NMMC any money so demanded not with standing any dispute or disputes

raised by the Contractor (s) / Supplier (s) 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 (s) / Supplier (s) shall have no claim against us for making such payment.

4. We, ____________________________ further agree that the Guarantee herein (indicate the name of

Bank) 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 continue to be enforceable till all the dues of the

NMMC under or by virtue of the said Agreement have been fully paid and its claims satisfied or

discharged or till the City Engineer of NMMC (indicate the name of Administrative Department )

certifies that the terms and conditions of the said Agreement have been fully and pRoperly carried out

by the said Contractor (s) and accordingly of the said Agreement have been fully and pRoperly carried

out by the said Contractor (s) and accordingly discharges this guarantee. Unless a demand or claim

under this guarantee is made on us in writing on or before the ..................we shall be discharged fRom

all liability under this guarantee thereafter.

5. We ......................................................... further agree with the NMMC that (indicate the name of Bank)

the NMMC shall have the fullest liberty without our consent and without affecting in any manner our

obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time to

performance by the said Contractor (s) fRom time to time or to postpone for any time or fRom time to

time any of the powers exercisable by the NMMC against the said Contractor (s) and to forbear or

enforce any of the terms and conditions relating to the said agreement and we shall not be relieved fRom

our liability by reason of any such variation, or extension being granted to the said Contractor (s) or for

any forbearance, act or commission on the part of the NMMC or any indulgence by the NMMC to the

said Contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties

would but for this pRovision, have effect of so relieving us.



6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor

(s) / Supplier (s).

7. We, ......................................................... lastly undertake not to revoke this ( indicate the name of bank)

guarantee during its currency except with the previous consent of the NMMC in writing.

Dated the .............. day of ............20

For ...................................................

(indicate the name of bank)



Annexure –2

UNDERTAKING

(On a Rs. 100/- Stamp paper)

The information / documents submitted by us are true to our knowledge and if the information /

documents so furnished shall be found to be untrue or false, the Tender shall be liable to be disqualified

and our Earnest Money accompanying Tender will be forfeited.

Also I/We aware that if the information / document found to be untrue or false during the currency of

Contract, our Contract liable to be terminated.

.................................................... I / We hereby declare that I / We have made myself / ourselves

thoRoughly conversant with the sub-soil conditions regarding all materials (such as stone, murum, sand,

etc.) and labour of which I / We have based my / our rates for this Work. The specifications, conditions

bore results and lead of materials on this Work have been carefully studied and understood by me / us

before submitting this Tender. I / We undertake to use only the best materials appRoved by the, City

Engineer, N.M.M.C. or his duly authorised assistant, before starting the Work and to abide by his decision.

I/ we agree that the amount of Earnest Money shall not bear interest and shall be liable to be forfeited to

the corporation, should I/we fail to (i) Abide by the stipulation to keep the offer open for the period of 120

days fRom the date fixed for opening the same and thereafter until it is withdrawn by me/ us by notice in

writing duly addressed to the authority opening the Tenders. (ii) Security Deposit as specified in Schedule

‘A’ and within the time limit laid down in 24 of Detailed Tender Notice. The amount of earnest money

may be adjusted towards the security deposit or refunded to me /us if so desired by me/us in writing,

unless the same or any part thereof has been forfeit as aforesaid.

Should this Tender be accepted I/ we hereby agree to abide by and fulfill all the terms and pRovisions of

the conditions of contract annexed hereto so far as applicable and in default thereof to forfeited and pay to

NMMC the sums of money mentioned in the said conditions.

Demand draft No...............................Dated ...................... fRom the Nationalised/ Scheduled Bank

at........................................................... in respect of the sum of

*Rs................................................................... is herewith forwarded representing the Earnest Money (a)

the full value of which is to be absolutely forfeited to N.M.M.C. should I/ we not deposit the full amount

of security deposit specified in the Detailed Tender Notice.

Tenderer ........................................................................................

Address .........................................................................................

.........................................................................................

Date the .............................. day of ......................... 20 Signature of Tenderer

(witness) ........................................................................................ Signature of Witness

Address .........................................................................................



Annexure –3

Firm Details

1. Name of Firm and Class of Registration with

Validity date & value of Registration

2. Address for communication & Telephone No.

E – mail

3. Details of PRoprietor/Partaners/Director

Name Address Qualification and Experience

4. Annual Turnover

Previous Financial year (Y-1)

2nd


3rd


Certified copy of Audiated Balance Sheet

PRofit / Loss statement attested

(Yes/No.)

5. Details of Black Listed & Litigation

6. Remarks

Signature of PRoprietor or Authorised person of the Firm



Annexure –4

Details of Works of similar type and magnitude carried out by the Tenderer (last 3 years)

Name of the tenderer :

Sr.

No.

Name of

Work

Type of

Work

Name of

Department &

Address

Cost of

Work

Date of

starting

Stipulated

date of

completion

Actual date

of

completion

Remarks

1 2 3 4 5 6 7 8 9

1)

2)

3)

Note: - The turnover amount should be certified and audited by CA of firm and separate sheet should be

enclosed



Annexure –5

List of Work in Hand as on the date of submission of this Tender

Sr.

No.

Name of Work Name of

Deptt. &

Adress

Work In Hand

Anticipated

Date of

Completion

Remark

Tender

Cost

Cost of

Remaining

Work

1. 2. 3. 4. 5. 6. 7.



Annexure –6

List of Works tendered as on the date of submission of this Tender

Sr.

No.

Name of Work Name of

Deptt. &

Adress

Works tendered for

Remark

Estimated

Cost

Date when

decisions

expected

Stipulated date of

period of

completion

1. 2. 3. 4. 5. 6. 7.

Note : 25% to 50% estimated amount shall be consider based on stipulated period of completion



Annexure –7

List of relevant plant and machinery.

Sr.

No.

Name of

equipment

No. of units Kind and

make

Capacity Age &

Conditions

Present

Location

Remarks

1 2 3 4 5 6 7 8

A)

B)

Immediately

available

PRoposed to be

pRocured for the

Work.



Annexure – 8

Details of Technical Personnel available with the Contractor

Name of the tenderer :

Sr.

No.

Name of Work Technical

Qualification

Whether

Working in field

or in office

Experience of

execution of

similar Works

Period for

which the

person is

Working with

the tenderer

Remarks

1 2 3 4 5 6 7



ANNEXURE – 9

AFFIDAVIT

ON STAMP PAPER OF VALUE OF RS. 100/-

I/We hereby state that we are aware of the pRovisions of section 10(1) 10(f) & (g) of the BMPC Act. 1949

which is repRoduced below, and solemnly state that we have no partnership or any share of the any Corporator

of any Corporation in our company and are not associated presently or in the past with any of the office

bearers of the Navi Mumbai Corporation either directly of Indirectly.

Extract of Sec 10 of BMPC Act:

10 (e) Subject to the PRovision of section 13 and 404, a person shall be disqualified for being elected

and for being a counceller.

10 (f) Subject to the PRovisions sub-section (2) has directly, by himself or his partner any share or

interest in any contract or employment with by or on behalf of the Corporation.”

10(g) “Having been elected a councilor is retained or employed in any pRofessional capacity in

connection with any cause of pRoceeding in which by or on behalf of the Corporation.”

We are aware that the above information if found to be untrue or false, we are liable to be disqualified and the

Earnest Money accompanying the Tender shall stand forfeited to the Corporation. We are also aware that if

the information pRoduced above if found to be untrue or false during the currency of the Contract. We shall be

held to default and the Contract, if any awarded to us, shall be liable to be terminated with all its concurrences.

Tenderer ………………………………………

Address ……………………………………….

………………………………………

Date the …………….. day of ……………… 20 Signature of Tenderer

Witness ………………………………………

Address ………………………………………

………………………………………

Occupation ……………………………………… Signature of Witness



(3) GENERAL CONDITIONS OF

CONTRACT (GCC)



GENERAL CONDITIONS OF CONTRACT (GCC)

PART - I

INTERPRETATIONS AND DEFINITIONS

1 Singular and

Plural.

Where the context so requires, words importing the singular shall also

mean the plural and vice versa.

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

gender.

3 . Definitions

(a) ‘Corporation’ shall mean Navi Mumbai Municipal Corporation

as incorporated under the BPMC Act, 1949.

(b) The ‘Municipal Commissioner’ shall mean the Municipal

Commissioner of the Corporation, for the time being holding that

office and also his successor and shall include any officer

authorized by him.

(c) The ‘Engineer’ shall mean the City Engineer appointed for the

time being or any other officer or officers of the Corporation who

may be authorized by the Commissioner to carry out the

functions of the Engineer.

(d) ‘Engineer’s Representative’ shall mean Executive Engineer/

Deputy Engineer/ Sectional Engineer /Junior Engineer or any

other municipal employee or employees appointed from time to

time by the ‘Engineer’ to perform the duties set forth in Clause

No.66 hereof and generally to assist the Engineer for the purpose

of the contract and whose authority shall be notified in writing to

the contractor by the Engineer.

(e) The ‘Contract’ shall mean the tender and acceptance thereof and

the formal agreement if any, executed between the Contractor,

and the Corporation together with the documents referred to

therein including these conditions and appendices and any

special conditions, the specifications, designs, drawings, price

schedules, bills of quantities and schedule of rates. All these

documents taken together shall be deemed to form one Contract

and shall be complementary to one another.

The order of precedence in case of discrepancies shall be as under,

1. Contract Agreements.

2. The letter of Acceptance.

3. Notice inviting Tender & Instructions to Tenderer.

4. Special Conditions of Contract.

5. The General Conditions of Contract.

6. Schedule of Rates & Quantities.

7. The Technical specifications.

8. The Drawings

9. Schedules & Annexures.

(f) The ‘Contractor’ shall mean the individual or firm or company

whether incorporated or not, undertaking the Works and shall

include legal representatives of such individual or persons

composing such firm or unincorporated company or successors



of such firm or company as the case may be and permitted

assigns of such individual or firm or company.

(g) ‘Contract sum’ means the sum named in the letter of acceptance

including physical contingencies subject to such addition

thereto or deduction there-from as may be made under the

provisions hereinafter contained.

Note : The contract sum shall include the following :-

1. (a) In the case of percentage rate contracts, the estimated value of

Works as mentioned in the tender adjusted by the Contractor's

percentage.

(b) In the case of item rate contracts, the cost of the

Work arrived at after extension of the quantities shown in schedule of

items/ quantities by the item rates quoted by the tenderer for various

items and summation of the extended cost of each item.

(c) In case of lump sum contract, the sum for which tender is accepted.

2. Special discount/ Rebate/ Trade discount offered by the tenderer if any

and accepted by the Corporation.

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

4. Physical contingencies, if any an accepted by the Corporation.

(h) ‘Excepted risks’ are risks due to riots (otherwise than among

Contractors’ employees) and civil commotion (in so far as both

these are uninsurable), war (whether declared or not),

invasion, act of foreign enemies, hostilities, civil war, rebellion,

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

government, damage fRom aircraft, acts of god, such as

earthquake, lightning and unprecedented floods and other causes

over which the Contractor has no contRol and accepted as such

by the Commissioner.

(i) The ‘Site’ mean the land and other places, more specifically

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

thRough which the Works or temporary Works are to be

executed and any other lands and places pRovided

by the Corporation for working space or any other purpose as

may be specifically designated in the contract as forming part of

the site.

(j) ‘Urgent Works’ shall mean any measures which in the opinion of

the Engineer become necessary during the pRogress of the Work

to obviate any risk of accident or failure or which become

necessary for security.



(k) The ‘Works’ shall mean the tasks to be executed in accordance

with the contract or part(s) thereof, as the case may be, and shall

include all extra or additional, altered or substituted Works as

required for performance of the contract.

(l) ‘Construction Plant’ shall mean all appliances or things

of whatever nature required in or about the execution, completion

or maintenance of the Works or temporary Works (as here in

after defined) but shall not include materials or other things

intended to form or forming part of the Works.

(m) ‘Temporary Works’ shall mean all temporary tasks of every kind

required in or about execution, completion or maintenance of the

Work.

(n) ‘Drawing’ shall mean the drawings referred to in the

specification and any modification of such drawings appRoved in

writing by the Engineer and such drawings as may fRom time to

time be furnished or appRoved in writing by the Engineer.

(o) ‘AppRoved’ shall mean appRoved in writing including

subsequent confirmation of previous verbal appRoval and

“AppRoval” shall mean appRoval in writing including as

aforesaid.

(p) ‘Specification’ means the specification referred to in the tender

and any modification thereof or addition or deduction thereto as

may fRom time to time be furnished or appRoved in writing by

the Engineer.

(q) “Tender” means the Contractor’s priced offer to the Corporation

for the execution and completion of the Works and the

remedying of any defects therein in accordance with the

pRovision of the Contract, as accepted by the Letter of

Acceptance.

(r) ‘Letter of Acceptance’ means the formal acceptance by the

Corporation.

(s) ‘Commencement Date’ means the date upon which the

Contractor receives the notice to commence the work issued by

the Engineer pursuant to Clause 80.

(t) ‘Time for Completion’ means the time for completing the

execution of and passing the Tests on Completion of the Works

or any Section or part thereof as stated in the Contract (or as

extended under Clause 83 calculated fRom the Commencement

Date.

(u) The ‘Annexure’ referred to in these conditions shall means the

relevant annexure appended to the tender papers issued by the

Corporation.



PART – I I

INSTRUCTIONS TO CONTRACTOR

4. 1

0

.

Scope of Work

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

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

equipment and transport which may be required in preparation of and

for and in the full and entire Execution and completion of the Works.

The descriptions given in the schedule of Works /items / quantities, and the

Bills of Quantities shall, unless otherwise stated, be held to include waste

on materials, carriage and cartage, carrying in, return of empties, hoisting,

setting, fitting and fixing in position and all other labour necessary in and

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

with good practice and recognized principles.

Seprate chapter of Scope of Work is also attached.

5 . 1

7

.

Corrupt or

Fraudulent

Practices

The Corporation requires that the bidders/suppliers/ contractors under this

tender observe the highest standards of ethics during the pRocurement and

execution of such contracts. In pursuance of this policy, the Corporation

defines for the purposes of this pRovision, the terms set forth as follows:

a)“corrupt practice” means the offering, giving, receiving or soliciting of

any thing of value to influence the action of the public official in the

pRocurement pRocess or in contract execution; and

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

influence a pRocurement pRocess or a execution of a contract to the

detriment of the Corporation, and includes collusive practice among

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

artificial non-competitive levels and to deprive the Corporation of the

benefits of the free and open competition;

The Corporation will reject a pRoposal for award if it determines that the

Bidder recommended for award has engaged in corrupt or fraudulent

practices in competing for the contract in question; The Corporation will a

firm ineligible, either indefinitely or for a stated period of time, to be

awarded a contract if it at any time determines that the firm has engaged in

corrupt and fraudulent practices in competing for, or in executing, a

contract.

6 . 4

.

Intimation to

Successful

Tenderers

The acceptance of tender may be communicated to the Successful

Tenderer in writing or otherwise either by the tender opening authority or

any authority in the Corporation.

7 . 5

.

Security Deposit The Contractor shall pay a security deposit equal to 5 % (five percent) of

the contract sum as security for due fulfillment of the contract, unless

otherwise stated in the tender documents.

The mode of making this deposit is as under.

(a) Initial or contract deposit

A sum, which along with the earnest money already paid, amounts to 3%

(three percent) of the contract sum shall be paid within 15 days after

receipt of intimation in writing of acceptance of tender. It is optional to the

contractor to make the contract deposit in one of the other of the following

ways :



i) Wholly in cash or.

ii) Wholly in form of National saving Certificate pledged in

favour of the Corporation or Bank Guarantees / Fixed deposit

from Nationalised / Scheduled Banks in the enclosed format.

iii) Partly in cash and partly in form of National saving Certificate

pledged in favour of the Corporation or Bank Guarantees /

Fixed deposit from Nationalised / Scheduled Banks in the

enclosed format.

(b) Retention Money:

The remaining amount of the security deposit i.e. 2% (two percent) shall

be recovered from the Contractor’s running bills at the rate of five percent

and such retention together with the contract deposit made as aforesaid

shall not exceed in the aggregate five percent of the contract sum after

which such retention will cease.

8 . 6

.

Forfeiture of

Security Deposit All compensation or other sums of money payable by the contractor under

the terms of this contract or any other account whatsoever, may be

deducted fRom or paid by the sale of a sufficient part of this security

deposit/retention money or fRom the interest arising there fRom or from

any sums which may be due or may become due to the Contractor by the

Corporation on any account whatsoever, and in the event of his security

deposit/retention money being reduced by reason of any such deduction or

sale as aforesaid, the contractor shall within 15 days of receipt of notice of

demand fRom the Engineer make good the deficit.

In the event of the said deposit having been made by the contractor by

delivery to the Corporation of the Guarantee of the Bankers of the

Contractor, and of the contractor under any of the pRovisions of this

contract becoming subject to or liable for any penalty for damages

liquidated or unliquidated or of the said deposit becoming forfeited any

breach or failure or determination of contract, then, and in such case the

amount of any such penalty or damages and the deposit so forfeited is not

previously paid to the Municipal Commissioner, shall immediately on

demand be paid by the said Bankers to and may be forfeited by the

Municipal Commissioner under and in terms of the said Guarantee.

9 . 7

.

Execution of

Contract Document The successful tenderer after furnishing Initial Security Deposit, is

required to execute an Agreement in duplicate in the form attached with

the tender documents on a stamp paper of proper value. The proper value

at present is Rs. 100/-. The agreement should be signed within one month

fRom the date of acceptance of the tender

10 . 8

.

Issue of Work

Order Work Order will be issued after execution of contract document.

11 . 9

.

Contract

Documents

The Contractor shall be furnished, free of charge, two certified true copies

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

during the progress of the Work. None of these documents shall be used by

the Contractor for any purpose other than that of this contract.

12 . 1

4

.

Indemnity Bond The contractor shall require to execute an Indemnity Bond for satisfactory

performance of the entire project on Stamp paper of Rs.100/- in the format

as per Annexure ‘D’. This Indemnity Bond shall remain in force for period

mentioned in Schedule ‘A’ as Defect Liability Period after completion of

the project.



13. 1

1

.

Licences The successful tenderer should comply statutory instruction of contract

labour & will be required to produce to the satisfaction of the Engineer a

valid contract labour licence issued in his favour under the pRovision of

the Contract Labour Licence (Regulation and Abolition) 1970, before

starting the Work. On failure to do so, the acceptance of the tender is liable

to be withdrawn and also the earnest money is liable to be forfeited.

14 . 1

9

.

Details to be

Confidential

The Contractor shall treat the details of the Contract as private and

confidential, save in so far as may be necessary for the purposes thereof,

and shall not publish or disclose the same or any particulars thereof in any

trade or technical paper or elsewhere without the previous consent in

writing of the Engineer. If any dispute arises as to the necessity of any

publication or disclosure for the purpose of the contract the same shall be

referred to the Corporation whose determination shall be final.

15 . 1

8

.

Official Secrecy The Contractor shall, whenever required, take necessary steps to ensure

that all persons employed on any Work in connection with this Contract

have noticed that the India official Secrets Act 1923 (XIX of 1923) applies

to them and shall continue to apply even after execution of such Work

under the Contract.

16 . 4

5

.

Assignment The Contractor shall not assign transfer or attempt to assign, transfer the

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

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

any Money due or to become due under this contract, without the prior

written appRoval of the Commissioner.

17 . 2

2

.

Sub-letting The Contractor shall not sub-let or attempt to sub-let the whole of the

Works. Except where otherwise provided by the Contract, the

Contractor shall not sub-let any part of the Works without the prior written

approval of the Engineer, which shall not be unreasonably with-held, and

such appRoval, if given, shall not relieve the Contractor fRom any liability

or obligation under defaults and neglects of any sub-contractor, his agents,

servants or Workmen as fully as if they were the acts, defaults or neglects

of the Contractor, his agents, servants or Workmen. Provided always that

the engagement of labour on a piecework basis or

labour with material not to be incorporated in the Work shall not be

deemed to be a sub-letting under this Clause.

The Contractor shall be responsible for observance by his sub-contractors

of the foregoing provisions

18 . 2

1

.

Changes in

Constitution Where the contractor is a partnership firm, the prior approval in writing of

the Commissioner shall be obtained before any change is made in the

constitution of the firm. Where the contractor is an individual or Hindu

Undivided family business concern such appRoval as aforesaid shall

likewise be obtained before the contractor enters into any partnership

agreement where under the partnership firm would have the right to carry

out the Work hereby undertaken by the contractor. If prior appRoval as

aforesaid is not obtained the contract shall be deemed to

have been assigned in contravention of the Clause No. 108 hereof and the

same action may be taken and the same consequences shall ensure as

provided for in the said condition.

19 . 1

5

.

Power of Attorney The contractor shall not issue any kind of power of attorney in favour of

his bankers for Routine payments to the contractors thRough Bank.



20. 2

7

.

Contractors

Staff

The Contractor shall employ in and about the execution of Works only

such persons as are skilled and are experienced in their several trades and

the Engineer shall be at liberty to object to and require the Contractor to

remove fRom the Works any person, employed by the Contractor in or

about the execution of the Works, who in the opinion of the Engineer

misconducts himself or is incompetent or negligent in the pRoper

performance of his duties and such person shall not be again employed

upon the Works without permission of the Engineer.

21 . 2

9

.

Contractors’

Supervision

The Contractor shall himself supervise the execution of Works or shall

appoint competent agent appRoved by the Engineer to act in his stead. If,

in the opinion of the Engineer the Contractor himself not have sufficient

knowledge and experience to be capable of receiving instructions or cannot

give his full attention to the Works, the Contractor shall at his own

expense, employ as his accredited agent an Engineer or a suitably qualified

and experienced person appRoved by the Engineer. The name of the agent

so appointed, along-with the qualifications, experience and address shall be

communicated to the Engineer. The agent shall be a responsible person

adequately organisation by the Contractor to take decision on site and to

spend money if required for pRocuring material and labour etc. to carry out

Emergency Works in the interest of the Work, if so required by the

Engineer. Orders given to Contractor’s agent shall be considered to have

the same force as if these had been given to the Contractor himself.

If the Contractor fails to appoint a suitable agent as directed by the

Engineer, the Engineer shall have full powers to suspend the execution of

the Works until such date as a suitable agent is appointed and the

Contractor shall be held responsible for the delay so caused to the Works.

22 . 4

1

.

Employment of

Labour

The Contractor shall employ the labour in sufficient numbers to maintain

the required rate of pRogress and of quality to ensure Workmanship, of the

degree specified in the Contract and to the satisfaction of the Engineer. The

Contractor shall not employ in connection with the Work any child who

has not completed his 15th year of age. He shall also not employ an

adolescent who has not completed his 18th year unless he is certified fit for

Work as an adult as prescribed under clause (b) of sub-section (2) of

section 69 of the Factories Act, 1948.

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

labour local or otherwise.

The Contractor shall indemnify the Corporation or any agent, servant or

employee of Corporation for any lapses on the part of

contractor on account of non-compliance of above referred acts.



23. 4

0

.

Compliance with

Labour Regulation.

The contractor shall pay fair and reasonable wages to the Workmen

employed by him, for 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 Engineer, who shall decide the same. The decision of

the Engineer shall be conclusive and binding on the contractor but such

decision shall not in any way affect the conditions in the contract regarding

the payment to be made by Corporation at the same sanctioned tender

rates.

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

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

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS

APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING

AND OTHER CONSTRUCTION WORK.

(i) Workman Compensation Act 1923.

The Act pRovides for compensation in case of injury by accident arising

out of and during the course of employment.

(ii) Payment of Gratuity Act 1972.

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

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

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

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

employees.

(iii) Employees PF and Miscellaneous PRovision Act, 1952.

The Act pRovides for monthly contributions by the employer plus Workers

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

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

be.

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

(c) Payment of PF accumulation on retirement/ death etc.

(iv) Maternity Benefit Act 1951

Act pRovides for leave and some other benefits to women employees in

case of confinement or miscarriage etc.

(v) Contract labour (Regulation and Abolition) Act 1970.

The Act pRovides for certain welfare measures to be pRovided by the

contractor to contract labour and in case the contractor fails to pRovide, the

same are required to be pRovided by the Principal Employer by law. The

principal employer is required to take Certificate of Registration and the

Contractor is required to take a Licence fRom the designated Officer. The

Act is applicable to the establishments or Contractor of principle employer

if they employ 20 or more contract labour.

(vi) Minimum Wages Act 1970

The Contractor shall see that the pRovisions set for under the Minimum

Wages Act and Contract Regulation and Abolition Act 1970 with the

Maharashtra Contract Labour(regulation and abolition) Rules 1971 as

amended fRom time to time are fully complied with by him and shall



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

etc. made to his Workmen as required by the Conciliation Officer

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

organisation person appointed by the Central or State Government.

(vii) Payment of Wages Act 1936

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

paid and what deductions can be made fRom the wages of the Workers.

(viii) Equal Remuneration Act 1979.

The Act pRovides for payment of equal wages for Work of equal nature to

Male & Female Workers and not for making discrimination against Female

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

(ix) Payment of Bonus Act 1965

The Act is applicable to all establishments employing 20 or more

Workmen. The Act pRovides for payments of annual bonus subject to a

minimum of 8.33% of wages and maximum of 200% of wages to

employees drawing Rs. 3,500/- P.M. or less. The bonus to be paid to or

employees getting Rs. 2500/- P.M. above upto 3500/- P.M. shall be

Worked out by taking wages as Rs. 2500/- P.M. only. The Act does not

apply to certain establishments. The newly set up establishments are

exempted for five years in certain circumstances. Some of the State

Governments have reduced the employment size fRom 20 to 10 for the

purpose of applicability of the Act.

(x) Industrial Disputes Act 1947

The Act lays down the machinery and pRocedure for resolution of

industrial disputes, in what situations a strike or lock-out becomes illegal

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

or closing down the establishment.

(xi) Industrial Employment (Standing Orders ) Act 1946

It is applicable to all establishments employing 1000 or more Workmen

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

to 50). The Act pRovides for laying down rules governing the conditions

of employment by the employer or matters pRovided in the Act and get the

same certified by the designated Authority.

(xii) Trade Unions Act 1926

The Act lays down the pRocedure for registration of trade unions of

Workmen and employers. The trade unions registered under the Act have

been given certain immunities fRom civil and criminal liabilities.

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

The Act pRohibits employment of children below 14 years of age in

certain occupation and pRocesses and pRovides for regulation of

employment of children in all other occupations and pRocesses.

Employment of child labour is pRohibited in Building and Construction

Industry.

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

Employment and Conditions of Service ) Act 1979.

The Act is applicable to an establishment which employees 5 or more

inter-state migrant Workmen thRough an intermediary ( who has recruited



Workmen in one state for employment in the establishment situated in

another state ). The inter-state migrant Workmen, in an establishment to

which this Act becomes applicable, are required to be pRovided certain

facilities such as housing, medical aid, traveling expenses fRom home upto

the establishment and back, etc.

(xv) The Building & other Construction Workers (Regulation

of Employment and Conditions of Service) Act 1996 and the

Cess Act of 1996.

All the establishments who carry on any building or other construction

Work and employs 10 or more Workers are covered under this act. All

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

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

employer of the establishment is required to pRovide safety measures at

the Building or Construction Work and other welfare measures, such as

Canteens, First-Aid facilities, Ambulance, Housing accommodation for

Workers near the Workplace etc. The employer to whom the Act applies

has to obtain a registration certificate fRom the Registering Officer

appointed by the Government.

(xvi) Factories Act 1948: - The Act lays down the procedure for

approval at plans before setting up a factory, health and safety

provisions, welfare provisions, working hours, annual earned leave

and rendering information regarding accidents or dangerous

occurrences to designated authorities. It is applicable to premises

employing 10 persons or more with aid of power or 20 or more

persons without the aid of power engaged in manufacturing process.

(xvii) Genaral Body has passed Resolution No. 1716 dated

06/08/2007, Resolution No.1837 dated 16/10/2007, Resolution

No.965 dated 14/09/2011 & Commissioner’s Office order No. 387

dated 09/11/2012 for payment to contract labour. The payment to

contract labour shall be paid as per General Body Resolutions /

Commissioner’s Office orders along with the increase in Dearness

Allowances, Field Allowances & any other Allowances from time to

time in future within the contract period.

Corporation will not pay any extra amount to the Contractor / Operator

towards such increase in salary & various allowances to be paid to the

contract labours within the contract period.

24 . 3

9

.

Safety Provisions The Contractor shall at his own expense arrange for the safety provisions

indicated in Annexure `A’ or as required by the Engineer, in respect of all

labour directly or indirectly employed for performance of the Works and

shall pRovide all facilities in connection therewith. In case the Contractor

fails to make arrangements and provide necessary facilities as aforesaid,

the Engineer shall be entitled to do so and recover the costs thereof fRom

the Contractor.

25 . 3

8

.

Provision of First-

Aid Box The contractor shall, at his own cost, provide and maintain at the site of

Works a standard first aid box as directed and appRoved by the Engineer

for the use of his own as well as the Corporation`s staff on site.

26 . 2

8

.

Apprentices The Contractor shall comply with the provision of the Apprentice Act,

1961, and the rules and orders issued there under fRom time to time. The



contractor shall during the term of this agreement maintain as a part of his

organisation a system of apprenticeship for training craftsmen as may be

appRoved by the Engineer. The apprentices are to be engaged and trained

in the building craft/trades. The number of apprentices to be engaged shall

be decided and got appRoved fRom the office of the Director of Technical

Education and State Apprenticeship Advisor, Maharashtra State, Dhobi

Talao, Bombay –400 001. Failure on the part of the contractor to observe

the stipulation of this conditions shall be deemed to be failure to employ a

sufficient number of pRoper and efficient Workmen and all the rights and

remedies of the Commissioner therein provided including the power to

determine the contract shall be applicable in such case. The Contractor

shall also be liable for any pecuniary liability arising on account of any

violation by him of the pRovisions of the Act.

27 . 6

6

.

Personnel. The Contractor shall employ the key personnel named in the schedule of

key personnel (Annexure ‘B’) or other personnel appRoved by the

Engineer to carry out the functions. The Engineer will appRove any

pRoposed replacement of key personnel only if their qualifications ,

abilities and relevant experience are substantially equal to or better than

those of the personnel listed in the schedule.

28 . 6

7

.

Temporary Site

Office for the

Engineer

(For Works Costing

Above Rs. 50

Lacks Only)

The Contractor shall at his own cost and to the satisfaction of the Engineer,

pRovide a site office of not less than 25 Sq. Mtr. With brick walls,

plastering inside, Rough shahabad flooring and one writing table with six

chairs and large size steel cupboard. He shall also make necessary

arrangements for drinking water and electric connection and locking

arrangement.

Upon completion of the whole work and after clearing the site and upon

expiry of defect liability period, the Contractor shall remove the site office

and take possession of the furniture and cupboards pRovided by him in the

condition it was on the date of receiving back the same.

29 . 6

9

.

Contractor’s Office

Near Works

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

the Engineer may be served and shall, between the hours of sunrise and

sunset on all Working days, have a clerk or some other organisation person

always present at such office upon whom such notices may be served and

service of any notices left with such clerk or other organisation person or at

such office shall be deemed good service upon the Contractor.

30 . 6

8

.

Permission for

Erection &

Removal of Office

on Completion of

Work

The Contractor shall obtain permission for erection of site office, cement

godown, store, etc. on payment of necessary charges as demanded by the

concerned authorities as per the prevailing rules. The cement godown,

Watchman cabins, etc. shall be pRovided as directed and shall be removed

by the Contractor on completion of the Work at their cost.

31 . 7

0

.

Use of Municipal

Land

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

inspection purposes) or take possession of site until instructed to do so by

the Engineer in writing.

The portion of the site to be occupied by the Contractor shall be defined

and/or marked on the site plan, failing which these shall be indicated by

the Engineer. The Contractor shall on no account be allowed to extend his

operations beyond these areas. The use of such portion of the site shall be

allowed free of any lease rent during scheduled time period for the

completion of the Work. However at the expiry of the stipulated period of

the Work, as may be extended fRom time to time, Contractor has to pay

charges for these facilities as per the prevailing rates levied by the

Corporation for use of public utility places.

The Contractor will be allowed to use the land for the purpose of sheds,



offices thereon for themselves and for the Engineer and his subordinates

and shall remove the same fRom the gRound on the completion of the

Works, or when required to do so, by the Engineer after receiving 7 days

notice. He shall make good any damage which may have been done and

restore to good condition any thing which may have been disturbed during

the period of his occupation.

He shall not use or allow to be used any such gRound, sheds or offices, or

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

carrying out of Works under this Contract, failing which charges

applicable will become payable in the event of there being on plot or

gRound or insufficiency of gRound belonging to the Corporation available

for the above purpose, the Contractor shall pRovide other such gRound at

his own cost.

The Contractor shall in any case pay all taxes which may have to be paid in

respect of all gRound, sheds or offices used as above, and all the license

fees, etc., that may be demanded for the storage or otherwise of the various

articles as per rules in force.

The Contractor shall pRovide, if necessary or if required on the site all

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

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

when no longer required and make good all damage done to the site.

The contractor has also be allowed at the sole discretion of the corporation

to stack material required for execution of work in corporation land out of

the pRoject area on payment of necessary charges as per corporation rules

for use of Roads public utility places.

32 . 7

1

.

Water Supply for

Corporation Work

The water will not be supplied by the Corporation. The Contractor has to

make his own arrangements for supply of water. However on availability

of water it can be supplied at the organisation Corporation rate and terms

and conditions.

33 . 7

2

.

Electric Supply No power connection shall be provided. The Contractor shall make at his

own cost his own arrangement for power connection, if required.

34 . 4

4

.

Contractor to

Protect the Work The contractor shall make his own arrangements for pRotecting the Work /

pRotection ageist obstructions fRom any anti-social elements by taking at

his / their cost police pRotection or such other legal methods thRough law

enforcing authorities and that the Corporation shall not be liable to

compensate the contractor on this account. The Corporation would only

forward the application of the contractor to the police Deptt. Without any

liability against the Corporation on this account.

35 . 3

0

.

Fencing, Watching

and Lighting

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

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

the Engineer for the pRotection of the safety and convenience of those

employed on the Works or the public. In the event of failure on the part of

the Contractor, the Engineer may with or without notice to the Contractor

put up a fence or impRove a fence already put up or pRovide and/or

impRove the lighting or adopt such other measures as he may deem

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

Engineer shall be borne by the Contractor. In addition the Engineer may

impose such fines or penalty as the Engineer may deem reasonable, under

Clause No. 53.



36. 4

2

.

Contractor’s

Liabilities

& Insurance

(Car Policy)

FRom commencement to completion of the Works, the Contractor shall

take full responsibility for the care thereof and for taking precautions to

prevent loss or damage and to minimize the loss or damage to the greatest

extent possible and shall be liable for any damage or loss that may happen

to the Works or any part thereof.

The policy so obtained shall cover entire period of construction (including

all extensions) and also shall cover the Defects Liability period. The policy

shall be for the total Contract Sum.

Before commencing execution of the Work, the Contractors shall without

in any way limiting his obligations and responsibilities under this

condition, insure against any damage loss or injury which may occur to

any pRoperty (Private, Government and/or Corporation) or to any person

(including any employee of the Corporation) by or arising out of the

contract.

All insurances (Car Policy) to be affected by the Contractors and/or his

sub-contractors shall be taken out with Directorate of Insurance,

Maharashtra State only. In case, however, a particular aspect is not covered

under the policy to be obtained fRom the Directorate of Insurance,

Maharashtra state, the Contractor will be allowed to have such insurance

fRom other insurance company with the prior permission of the

Commissioner.

If the Contractor has a blanket insurance policy for all his Works and the

policy covers all the items to be insured under this condition, the said

policy shall be assigned by the Contractor, in favour of the Corporation;

pRovided, however, if any amount is payable under the policy by the

insurers in respect of Works other than the Works under this Contract, the

same may be recovered by the Contractor directly fRom the insurers. The

amount of claim to the extent payment made by Corporation shall be

directly reimbursed to Corporation by insurer.

PROVIDED always that the Contractor shall not be entitled to

payment under the above pRovisions in respect of such loss or damage as

have been occasioned by any failure on his part to perform his obligations

under the Contract or not taking precautions to prevent loss or damage or

minimize the amount of such loss or damage.

Where a Corporation`s Building or part thereof is rented by the Contractor

or is allowed to be used by him, 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 as to which the decision of the

Engineer shall be final and binding.

The Contractor shall indemnify and keep indemnified the Corporation

against all losses and claims for injuries or damage to any person or any

pRoperty whatsoever which may arise out of or in consequence of the

construction and maintenance of the Work and against all claims,

demands, pRoceedings, damages, costs, charges and expenses whatsoever

in respect of or in relation thereto.

PROVIDED always that nothing herein contained shall be deemed to

render the Contractor liable for or in respect of or to the Corporation

against any compensation or damage caused by the Excepted Risks.

The Contractor shall at all times indemnify the Corporation against all

claims, damages or compensation under the pRovisions of Payment of

Wages Act 1936, Minimum Wages Act 1948, Employers Liability Act

1938, the Workmen’s Compensation Act 1923, Industrial Dispute Act



1947, Indian Factories Act 1948 and Maternity Benefit Act, 1961 or any

modifications thereof and rules made there under fRom time to time or as a

consequence or any accident or injury to any Workman or other persons in

or about the Works, whether in the employment of the Contractor or not,

save and except where such accident or injury have resulted fRom any act

of the Corporation, their agents or servants, and also against all cost,

charges and expenses of any suit, action or pRoceedings arising out of

such accident or injury and against all sum or sums which may with the

consent of the Contractor be paid to compRomise or compound any such

claim without limiting his obligations and liabilities as above pRovided.

The Contractor shall insure against all claims damages or compensation

payable under the various acts mentioned above or any modifications

thereof or any other law relating thereto.

The aforesaid insurance policies shall pRovide that they shall not be

canceled till the Commissioner has agreed to their cancellations.

The Contractor shall pRove to the Engineer fRom time to time that he has

taken out all the insurance policies referred to above and has paid the

necessary premia for keeping the policies alive till the expiry of the

Defects Liability Period after completion of Work for a period of not

exceeding 12 months as per directives of Directorate of Insurance,

Maharashtra State.

The Contractor shall ensure that similar insurance policies are taken out by

his sub Contractors(if any) and shall be responsible for any claims or

losses to the Corporation resulting fRom their failure to obtain adequate

insurance pRotection in connection thereof. The Contractor shall pRoduce

or cause to be pRoduced by his Sub-Contractor (if any) as the case may be,

the relevant policy or policies and premium receipts as and when required

by the Engineer.

If the Contractor and/or his sub-Contractors (if any) shall fail to effect and

keep in force the insurance referred above for any other insurance which

he/they may require to effect under the terms of Contract then and in any

such case the Commissioner may without being bound to effect and keep

in force any such insurance and pay premium or premia as may be

necessary for that purpose and fRom time to time deduct the amount so

paid by the Corporation plus 20 per cent of premium or premia amount as

service charges fRom any money due or which may become due to the

Contractor or recover the same as debt fRom the Contractor.

37 . 4

3

.

Contractor to

Preserve Peace

The Contractor shall at all times during the pRogress of the Work take all

requisite precaution and use his best endeavors for preventing any riotous

or unlawful behavior by or amongst the Workers and other employed on

the Works and for the preservation of peace and pRotection of the

inhabitants and security of pRoperty in the neighborhood of the Works. He

shall also pay the charges of such special police (if any) as the Engineer

may deem necessary.

38 . 3

1

.

Protection of Trees Trees designated by the Engineer shall be pRotected fRom damage during

the course of the Work and earth level within one metre of each such

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

by temporary fencing. All such cost shall be borne by the Contractor.

39 . 3

2

.

Maintenance of

Under- ground

Utility Services

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

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

shall if the Engineer deem it practicable, be properly maintained and



Protected by the Contractor himself or through other agency by means of

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

Engineer during the progress of the Work without claiming any extra

charges. Any damage to these underground utility services shall be

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

cost, failing which the Engineer may with or without notice adopt such

measures as he may deem necessary at the risk and cost of the Contractor.

If on the other hand, the Engineer considers it impracticable for the

Contractor to maintain any such underground utility services and that the

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

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

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

reinstating of any such utility services shall be paid to the Contractor if

done by him. However, the cost of providing pumps, chutes or other

appliances as the Engineer may direct for the raising or temporary passage

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

the Engineer may direct, any water or sewage which may escape from any

such underground utility services, shall be borne by the Contractor.

The tenderer shall contact all the public bodies, etc. to know the under-

gRound services that may be encountered by him / them during the

execution of the Work and account for the consequences of the site

restraints while submitting their tenders. No compensation / cost shall be

payable on account of any under-ground services which obstructs the

Work and cause delay.

40 . 3

3

.

Precautions for

Works in

Thorough-Fares

While the execution of any Work is in pRogress in any street or

thoroughfare the Contractor at his own cost shall make adequate pRovision

for the passage of traffic, for securing safe access to all premises

appRoached fRom such street or thoRoughfare, and for any drainage,

water supply, or means of lighting or any other utility service which may

be interrupted by reason of execution of the Work. Whenever it may be

necessary to stop the traffic in any street or thoRoughfare permission must

first be obtained from the Engineer and the Contractor shall then put up

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

necessary or as the Engineer may direct for regulation of traffic. The Work

shall in such cases be executed night and day or for as long a period as

practicable if so ordered by the Engineer, and with such speed & vigour as

he may require, so that the traffic may be impeded for as short a time as

possible. The Contractor shall remove the barriers as soon as the necessity

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

least possible obstruction to traffic during the pRogress of the Work.

41 . 3

4

.

Traffic The contractor shall have to make all necessary arrangements for

regulating traffic day and night during the period of construction and to the

entire satisfaction of the Engineer.

This includes the construction and maintenance of diversions, if necessary,

at no extra cost to the Corporation. The contractor shall pRovide necessary

caution boards, barricades, flags and lights, watchmen etc. so as to comply

with the latest Motor Vehicle Rules and Regulations and for traffic safety.

The contractor shall be responsible for all claims for the accidents which

may arise due to his negligence whether in regulating traffic or in stacking

materials on the Road or by any other reason.



42. 5

3

.

Pumping out

Water The Contractor will be required to pRovide and operate at his own cost all

pumps, engines and machinery requisite to keep the trenches for the sewer,

drains or foundations and all other excavations clear of water whether

subsoil water, storm waste or leakage from tanks, wells, drains, sewers,

water-mains, tide water etc. so that there may be no accumulation of such

water and no setting out may be done, no masonry may be laid, no

concrete deposited, no joints made and no measurements taken in water.

The pumping shall be continued so long after the execution of any portion

of the Work as the Engineer may consider necessary for the Work to set.

For the purpose of keeping the excavations as dry as possible the Work

would, if necessary be divided into sections or separate portions as per best

Engineering practices and temporary dams will have to be put up by the

Contractor, sumps for the suction pipes to Work in, will have to be

excavated by the Contractor at such distances apart and to such depths as

the as per best Engineering practices. When the Work pRogresses other

sumps must, fRom time to time, be excavated by the Contractor, disused

sumps being filled up by him with dry rubble carefully hand packed to the

satisfaction of the Engineer. The Contractor will not be paid extra for

any temporary dams or sumps or their removal or refilling nor will such

Works be taken into measurement in any way, unless otherwise pRovided.

The Contractor shall not allow any accumulation of water either fRom the

Discharge of his dewatering pumps or his water connections on site of his

Work. The Contractor shall make pRoper pRovision for leading the

pumped discharge to the nearest water entrance, storm water drain,

manholes, or water course by means of a wooden or G.I. channel or hose

pipe. Under no circumstances the discharge will be allowed to flow, along

a paved surface. If an accumulation is unavoidable, it shall be treated with

insecticides to the satisfaction of the Engineer. In case of failure to do this

on the part of Contractor such accumulation shall be treated by the

Corporation at the risk and cost of the Contractor.

The contractors should note that under no circumstances any payment for

pumping out water finding its way into trenches, hill cutting, excavated

pits, Works site etc. from whatever sources will be permissible unless

otherwise specifically mentioned in the tender.

43 . 6

2

.

Storage of

Explosives

The Contractor shall obtain the previous permission of the competent

authority such as the Chief of Fire Services for the Site, manner and

method of storing explosives near the site of Work. All handling of

explosives, including storage, transport shall be carried out under the rules

appRoved by the “Explosives Department of the Government”.

44 . 4

6

.

Facilities to the

Other Contractors The contractor shall, in accordance with the requirements of the Engineer,

afford all reasonable facilities to other Contractors engaged

contemporaneously on separate Contracts in connection with the Works

and for departmental labour and labour of any other pRoperly organisation

authority or statutory body which may be employed at the Site on

execution of any Work not included in the Contract or of any Contract

which the Corporation may enter into in connection with or ancillary to the

Works.

45 . 3

5

.

Prevention of

Mosquito Breeding

at Construction Site

(i)The contractor shall on the respective construction site install mosquito

pRoof and accessible water storage tanks or to cover / pRotect the present

water storage tanks pRoperly.



(ii) The contractor shall periodically give larvaecidal treatment to water

storage tanks, sites of water stagnation, water collection.

(iii) Any expenditure that may be incurred by the Corporation to ensure

that the above conditions are fulfilled by the contractor will be debitable to

contractors account and will be recovered fRom the bills of the contractor

fRom time to time.

46 . 3

6

.

Sanitation

The Contractor shall, at his own cost, make all necessary pRovisions for

health and safety of his labour / employees. He shall, when required by the

Engineer, pRovide pRoper latrines and urinals to the satisfaction of the

Engineer in such numbers and in such localities as he may require, and

shall take all steps necessary to compel his labour / employees to resort to

such latrines and urinals, and shall dismiss fRom his employment and

remove fRom the Works any one detected obeying the calls of nature in

any place other than the conveniences allotted for such purposes. The said

latrines shall be under the superintendence and orders of the Engineer or

his subordinates.

47 . 3

7

.

Not to Allow Huts The Contractor shall, on no account, allow any huts to be erected on

Corporation pRoperty unless otherwise permitted by the Engineer in

writing, to be inhabited after sunset by anyone except the watchmen

required for the Works, and none of his employees, except such watchmen

as aforesaid, shall sleep at night on any part of the Works. In case of any

offence committed by any of the labour or employees of the Contractor

against any of the pRovisions of this condition the Contractor shall be

liable to a penalty not exceeding Rupees Hundered for every such offense

and the same shall be charged to the account of the Contractor.

48 . 4

8

.

Treasure Trove

Fossils etc.

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

remains things of geological or archaeological interest discovered in or

upon the site shall be absolute pRoperty of the Corporation and the

Contractor shall duly preserve them and shall take precautions to prevent

his Workmen or any other person fRom removing or damaging any such

articles or thing and shall immediately upon discovery thereof and before

removal acquaint the Engineer with such discovery and shall fRom time to

time deliver the same to such person or persons as the Engineer may fRom

time to time appoint to receive the same at the expense of the Corporation.

49 . 6

3

.

Patent’ Right and

Royalties

The contractor shall save harmless and indemnify the Corporation fRom

and against all claims and pRoceedings for or on account of infringement

of any Patent rights, design trademark or name of other pRotected rights in

respect of any constructional plant, machine Work, or material used for or

in connection with the Works or any of them and fRom and against all

claims, pRoceedings, damages, costs, charges and

expenses whatsoever in respect thereof or in relation thereto. Except where

otherwise specified, the contractor shall pay all tonnage and other

Royalties, rent and other payments or compensation, if any, for getting

stone, sand, gravel, clay or other materials required for the Works or any of

them.

50 . 6

4

.

Quarry i)Quarry for extraction of murum, stone, rubble or any other material shall

not be made available by the corporation the contractor has to make his

own arrangements for quarry at his cost.

ii)The successful tenderer shall submit quarry permit fRom the competent

authority before starting the Work



51. 6

5

.

Photographs of

The Works

No photographs of the Work or any part there of or equipment employed

thereon shall be taken or permitted by the contractor to be taken by any of

his employees or any employees of his subcontractor without the prior

appRoval of the Engineer in writing and no such photographs shall be

published or otherwise circulated without the appRoval of the Engineer in

writing.

52 . 1

2

.

Notices to Local

Bodies (i)The contractor shall comply with and give all notices required under any

Government Authority, Instrument, rule or order made under any Act of

parliament, state laws or any regulation or Bye-laws of any local

authorities or public utilities concern relating to Works. He shall before

making any variation fRom the contract drawings necessitated by such

compliance give to the Engineer a notice giving reasons for the pRoposed

variation and obtained Engineer’s instructions thereon.

(ii) The contractor shall pay and indemnify the Corporation against any

liability in respect of any fees or charges payable under any Act of

parliament, state laws or any Governmental Instrument, rule or order any

regulations or bye-laws of any local authority or public utility concern in

respect of the Works.

53 . 1

3

.

Notices Subject as otherwise pRovided in this contract all notice to be given on

behalf of the Corporation and all other actions to be taken on its behalf

may be given or taken by the Engineer or any officer for the time being

entrusted with the functions, duties and powers of the Engineer.

All instructions, notices and communications etc. under the contract shall

be given in writing and if sent by registered post to the last known place or

abode or business of the Contractor shall be deemed to have been served

on the date when in the ordinary course of post these would have been

served on or delivered to him.

54 . 7

9

.

Use of B.I.S.

Specifications In case where no particular specification is given for any article to be used

under the contract, the relevant specification, where one B.I.S. exists, of

the BeauRo of Indian Standards shall apply.

PART – I II

WORK PROCEDURE

55 . 2

3

.

Possession of Site

and Access

Thereto.

The Corporation will, with the Engineer’s notice to commence the Works,

give to the Contractor possession of the Site.

Such access, as is in accordance with the Contract, is to be pRovided by

the Corporation as may be required to enable the Contractor to commence

and pRoceed with the execution of the Works in accordance with the

pRogramme referred to in Clause 86 if any, and otherwise in accordance

with such reasonable pRoposals as the Contractor shall, by notice to the

Engineer make.

The Corporation will, fRom time to time as the Works pRoceed, give to

the Contractor possession of such further portions of the Site as may be

required to enable the Contractor to pRoceed with the execution of the

Works with due dispatch in accordance with such pRogramme or

pRoposals, as the case may be.

56 . 2

4

.

Failure to Give

Possession The contractor should note that the site for Work may be made available

by the Corporation in full or in part and that the contractor shall plan his

Works to commensurate with the handing over the site. No claim of



compensation on account of delay in making available the Site shall be

payable to the contractor. However, time extension for completing the

Work shall be given to the Contractor in case of such delay.

57 . 5

2

.

Unforeseeable

Physical

Obstructions or

Conditions

If, however, during the execution of the Works the Contractor encounters

physical obstructions or physical conditions, other than climatic conditions

on the Site, which obstructions or conditions were, in his opinion, not

foreseeable by an experienced contractor, the Contractor shall forthwith

give notice thereof to the Engineer. On receipt of such notice, the Engineer

shall, if in his opinion such obstructions or conditions could not have been

reasonably foreseen by an experienced contractor, after due consultation

with the Contractor, determine:

any extension of time to which the Contractor is entitled under Clause 80.

58 . 7

3

.

Drawings:

Custody of

Drawings

The Drawings shall remain in the sole custody of Engineer, but two copies

thereof’ shall be furnished to the Contractor free of charge. The Contractor

shall pRovide and make at his own expense any further copies required by

him. At the completion of the Contract, the Contractor shall return to the

Engineer all drawings pRovided under the Contract.

59 . 7

4

.

One copy of

Drawing to be Kept

on Site.

One copy of the drawings, furnished to the Contractors as aforesaid, shall

be kept by the Contractor on the site and the same shall at

all reasonable times be available for inspection and use by the Engineer

and the Engineer’s Representative and by any other persons organisation

by the Engineer in writing.

60 . 7

5

.

Discrepancies

in Drawings or

Specifications

The drawings and specifications are to be considered as mutually

explanatory of each other, detailed drawings being followed in preference

to small scale drawings and figured dimensions in preference to scale and

special conditions in preference to general conditions. Special conditions

or dimensions given in the specifications shall supersede all else. Should

any discrepancies, however appear, or should any misunderstanding arise

as to the meaning and import of the said specifications or drawings, or as

to meaning and as to the to the dimensions or the quality of the materials

or the due and pRoper execution of the Works, or as to the measurement or

quality and valuation of the Works executed under this Contract, or as

extra thereupon the same shall be explained by the Engineer be binding

upon the Contractor and Contractor shall be execute the Work according

such explanation (subject as aforesaid) and without extra charge or

deduction to or fRom the contract and shall also do all such Work and

things as may be © for the pRoper completion of Works as implied by the

Drawings and Specifications, even though such Works and things are not

specifically shown and described in the said Drawings and Specifications.

The final decision of the Commissioner in case a reference be made to him

under Clause No. 89 be binding upon the Contractor and Contractor shall

execute the Works according to such explanation ( subject to aforesaid )

and shall also do all such Works and required things as may be necessary

for the pRoper completion of Works as implied by the drawings and

specifications, even though such Works and things are not specifically

shown and described in the said drawings and specifications.

61 . 7

7

.

Engineer to have

Power to Issue

Further Drawings

or Instructions

The Engineer shall have the power and authority fRom time to time and at

all times to make and issue such further drawings and to give such further

instructions and directions as may appear to him necessary or pRoper for

the guidance of the Contractor and the good and sufficient execution of the

Works according to terms of the specifications and Contractor shall

receive, execute obey and be bound by the same, according to the true

intent and meaning thereof, as fully and effectually as though the same had



accompanied or had been mentioned or referred to in the specification. The

Engineer may also alter or vary the levels or position of any Works

contemplated by the specifications, or may order any of the Works

contemplated thereby to be omitted, with or without the substitution of any

other Works in lieu thereof, or may order any Work or any portion of

Work executed or partially executed, to be removed, changed or altered,

and if needful, may order that other Works shall be substituted instead

thereof and difference of expense occasioned by any such diminution or

alteration so ordered and directed shall be added to or deducted fRom the

amount of this Contract as pRovided under the Clause No. 101 and 102.

No Work which radically changes the original nature of the Contract shall

be ordered by the Engineer and in the event of any deviation being ordered

which in the opinion of the Contractor changes the original nature of

Contract he shall nevertheless carry it out and disagreement as to the

nature of the Work and the rate to be paid therefore shall be resolved in

accordance with Clause No.114.

The time for completion of the Works, shall in the event of any

deviations resulting in additional cost over the Contract Sum being

ordered, be extended or reduced reasonably by the Engineer. The

Engineer’s decision in this case shall be final.

62 . 5

0

.

Levels

All levels referred to in connection with these Works are based on Great

Trigonometric survey (G.T.S.) levels. The Contractor should also keep the

leveling instrument in good Working condition thRough out the period of

construction Work on site.

63 . 5

1

.

Setting Out the

Work.

The Engineer shall supply dimensioned drawings, levels and other

information necessary to enable the Contractor to set out the works. The

Contractor shall pRovide all setting out apparatus at his own cost, such as

leveling instruments in good working condition and appliances, all pegs,

ranging Rods, long measuring Rods, marked metres and organisation and

each metre and organisation numbered, pots and sight-rails, boning Rods,

moulds, templates, etc. together with any reasonable number of labourers

that may be reuired and set out the work and be responsible for the

accuracy of the same. The Contractor shall amend at his own cost and to

the satisfaction of the Engineer any erRor found at any stage which may

arise thRough inaccurate setting out. The Contractor shall pRotect and

preserve all bench marks used in setting out the work till the end of

Defects Liability period unless the Engineer directs its early removal. The

Contractor should also keep leveling instrument in good working condition

thRoughout the period of construction work on site.

64 . 4

7

.

Works Closed

Between Sunset

and Sunrise or on

Sundays and

Holidays

No Work shall be done between sunset and sunrise or on Sunday or

Municipal holidays and except with the special sanction of the Engineer in

writing previously obtained and the withholding of such sanctions shall be

no ground of complaint on the part of contractor or cause for compensation

to him, or excuse for not completing the Work within the contract period.

The period within which the Work has to be carried out and completed has

been fixed in terms of this clause with the pRovision that the total number

of hours of Work permissible shall not exceed 48 hours in a week and in

no case more than 8 hours on any Working day, the actual time within

which the said hours shall be Worked being subject to mutual

arrangements with the Contractor at the commencement of the Works or

fRom time to time as may be required and pRovided that all Works shall

be stopped for rest and meals for one hour at about mid-day exclusive of

the permissible hours aforesaid for the Works.



Though sanction may be accorded to the Contractor to Work on

days and at times otherwise normally non-permissible under this Contract,

the Contractor shall be required to bear the cost for such supervision as in

the opinion of the Engineer may be necessary at these times.

It should be distinctly understood that the granting of permission to Work

extra hours or to Work on Sundays and holidays will be entirely at the

discretion of the Engineer and cannot be claimed by the contractor as a

matter of right.

If on the other hand the Engineer requires that the Work shall be

pRoceeded with on days and at times otherwise normally non-permissible

under this contract the contractor shall pRoceed with the Work but he will

not be required in such cases to bear the cost of the Municipal

establishment employed at the time.

The contractor at all times during the continuance of this contract shall in

all his dealings with local labour for the time being employed on the

Works contemplated by this contract have due regard to all local festivals

and religious or other customs and all disputes, matters and questions

arising between the contractor and any of his agent on the one hand and

any local labour on the other hand with respect to any matter or thing in

any way connected with this contract shall be decided by the

Commissioner whose decision shall be final and binding on all parties.

65 . 5

4

Work to be in

Accordance with

Contract.

The Contractor shall execute and complete the Works and remedy any

defects therein in strict accordance with the Contract to the satisfaction of

the Engineer.

66 . 5

5

.

Duties and Powers

of the Engineer’s

Representative

The duties of the representative of the Engineer are to check, watch and

supervise Work and to test and examine any material to be used or

Workmanship employed in connection with the Works. He shall have no

authority to relieve the Contractor of any of his duties or obligations under

the contract nor to except as expressly pRovided here under or elsewhere

in the contract to order any Work involving delay or any extra payment by

the Corporation or to make any variation of or in the Works.

Failure of the representative of the Engineer to disappRove any Work or

material shall not prejudice the power of the Engineer thereafter

to disappRove such Work or material and to order the pulling down,

removal or breaking up thereof.

If the contractor shall be dissatisfied with any decision of the

representative of the Engineer he shall be entitled to refer the matter to the

Engineer who shall thereupon confirm, reverse or very such decision.

67 . 5

6

.

Engineer’s

Decision

The whole of the Work shall be under the direction of the Engineer, whose

decision shall be final, conclusive and binding on all parties to the contract,

on all questions relating to the construction and meaning of plans, Working

drawings, sections and specifications connected with the Work.

68 . Instructions to

Contractor

The Contractor or his agent shall be in attendance at the site(s) during all

Working hours and shall supervise the execution of the Works with such

additional assistance in each trade as the Engineer may consider necessary.

Orders given to the Contractor’s agent shall be considered to have the

same force as if they had been given to the Contractor himself.

The Engineer shall communicate or confirm his instruction to the

Contractor in respect of the execution of Work in a “Works site order



Book” maintained in the office of the Engineer and the

Contractor or his authorised representative shall confirm receipt of such

instructions by signing the relevant entries in this book. If required by the

Contractor he shall be furnished a certified true copy of such instruction(s).

If the Contractor fails to comply with the instruction(s) of the Engineer, the

Engineer may impose the daily penalty of Rs.500 (Rupees Five Hundred)

for each of such defaults. This penalty will not prejudice the right of the

Municipal Commissioner or the Engineer to claim compensation.

69 . 5

7

.

Work Order Book A Work order book shall be maintained on site and it shall be the pRoperty

of Corporation and the Contractor shall pRomptly sign orders given therein

by Engineer or his representatives and his superior officers and comply

with them. The Contractor shall report the compliance in good time so that

it can be checked. The contractor will be allowed to copy out instruction

therein fRom time to time.

70 . 4

9

.

Management

Meeting

Either the Engineer or the Contractors may require the other to attend

Management meeting. The business of a management meeting shall be to

review the plans for remaining Works.

Engineers shall record the business of management meetings and is to

pRovide copies of his record to those attending the meetings. The

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

Engineer either at the management meetings or after the management

meetings and stated in writing to all who attend the meetings.

71 . 5

8

.

Materials (a) Material to be pRovided by the Contractor:

The Contractor shall, at his own expense, pRovide all materials required

for the Works.

All materials to be pRovided by the Contractor shall be in conformity with

the specifications laid down in the contract and the Contractor

shall, furnish pRoof to the satisfaction of the Engineer that the materials so

comply. Contractor shall pRoduce pRoof viz. challans, bills, vouchers etc.

so as to ensure that the material was bRought on site and quantities used as

per the norms, specifications etc.

Officers of the Corporation concerned with the Work shall be entitled at

any time to inspect and examine any material intended to be used in or on

the Works either on the site or at factory or Workshop or other places

where such materials are assembled, fabricated or manufactured or at any

place(s) where these are laying or fRom which these are being obtained

and the Contractor shall give such facilities as may be required for such

inspection and examination. The materials bRought on site outside

Working hours shall be stacked separately till they are inspected by the

Engineer or his representative.

All materials bRought to the site shall not be removed off the site without

the prior written appRoval of the Engineer. But whenever the Works are

finally completed the Contractor shall at his own expense forthwith

remove fRom the site all surplus materials originally supplied by him.

The Contractor shall, at his own expense and without delay, supply to the

Engineer samples of materials pRoposed to be used in the Works. The

Engineer shall within seven days of supply of samples or within such

further period as he may require and intimated to the Contractor in writing,

inform the Contractor whether the samples are appRoved by him or not.

If the samples are not approved the Contractor shall forthwith arrange to

supply to the Engineer for appRoval fresh samples complying with the

specifications laid down in the contract.



The Engineer shall have full powers to require removal of any or all of the

materials bRought to site by the Contractor which are not in accordance

with the contract specifications or which do not conform in character or

quality to the samples appRoved by him. In case of default on the part of

the Contractor in removing the rejected materials, the Engineer shall be at

liberty to have them removed by other means. The Engineer shall have full

powers to pRocure other pRoper materials to be substituted for rejected

materials and in the event of the Contractor refusing to comply, he may

cause the same to be supplied by other means. All costs, which may attend

upon such removal and/or substitution shall be borne by the Contractor.

Subject as hereinafter pRovided in Clause No.98 all charges on account of

OctRoi, terminal or sales tax and other duties on material obtained for

the Works fRom any source shall be borne by the Contractor.

The Engineer shall be entitled to have tests carried out as specified in the

contract for any materials supplied by the Contractor other than those for

which as stated above, satisfactory pRoof has already been pRoduced, at

the cost of the Contractor and the Contractor shall pRovide at his expense

all facilities which the Engineer may require for the purpose.

If no tests are specified in the contract, and such tests are required by the

Engineer the Contractor shall pRovide all facilities required for the

purpose and charges for these tests shall be borne by the Contractor only if

the tests disclose that the said materials are not in accordance with the

pRovision of the contract.

The cost of the materials consumed in test shall be borne by the Contractor

in all cases except when otherwise pRovided.

For carrying out tests on soil, cement, sand, aggregate, brick and concrete

etc. the standard will be as prescribed in relavant I.S. The Engineer may

direct the Contractors to get the samples of materials tested in CIDCO,

PWD, VJTI, IIT, or any appRoved laboratory out of those accredited by

National Accreditation Board of Laboratories, Govt. of India. The results

of the tests shall be binding on the Contractor and Corporation. In case the

Contractor disputes the results of tests, it is open for him to ask for the re-

testing in which case the cost shall be borne by the Contractor. The

decision of the Engineer on acceptability or re-testing by Corporation or

testing again independently in VJTI or IIT will be binding on both the

parties to the contract.

72 . 5

9

.

Stock of Materials

Required

(a)The Contractor shall at his own expense pRovide and furnish himself

with sheds and yards in such situations and in such numbers as, in the

opinion of the Engineer are requisite for carrying out the Works under this

contract, and the Contractor shall keep at each of such sheds and yards a

sufficient quantity of materials in stock so as not to delay the carrying out

the Works with due expedition and the Engineer and his sub-ordinates

shall have free access to the said sheds or yards at any time for the purpose

of inspecting the stock of materials so kept in hand any material or article,

which the Engineer may object to, shall not be bRought upon or used in

the Work but shall be forthwith removed fRom the sheds or yards by the

Contractor at his own cost. The Contractor will however be allowed to use

for the above purpose the completed portion of the buildings if available.

(b) General :

Cement bRought on site by the Contractors shall be stored in waterpRoof

godown with two locks on each door. The key of one lock of each door

shall remain with the Engineer or his representative and that of the other



lock with the Contractor’s organisation agent at site of Works so that

cement is removed fRom the godown only according to daily requirements

with the knowledge of both the parties.

73 . 6

0

.

PRoduction of

Vouchers

The Contractor shall, pRoduce all quotations, invoices vouchers and

accounts or receipts etc. to pRove that the materials supplied by him are in

conformity with the specifications laid down in the Contract and the same

are bRought to the site and utilized on the said Works.

74 . 8

4

.

Plant and’

Equipment The Contractor shall arrange at his own expense all tools, plant

and equipment required for execution of Works. If required by the

Contractor and if available the Corporation may supply such of the tools,

plant and equipment as are available, to the Contractor at the rates and

terms to be specified by the Engineer. No tools, plant and equipment once

bRought to the Work site shall be removed without the written permission

or order of the Engineer, until he has certified the completion of the Work.

If any Tools, Plants and equipment bRought on site, are in the opinion of

the Engineer inefficient, bad or of inferior quality or are unsuited for the

Works then such tools, plant and equipment shall not be used on the Works

but shall be removed by the Contractor at his own expense within twenty

four hours after the service of a written order or notice fRom the Engineer

to that effect and fresh tools, plant and equipment be substituted in lieu of

that ordered to be removed by the Engineer.

75 . 6

1

.

Inspection &

AppRoval All Works embracing more than one pRocess shall be subject to

examination and appRoval at each stage thereof and the Contractor shall

give due notice to the Engineer or his organisation representative when

each stage is ready. In default of such notice, the Engineer shall be entitled

to appraise the quality and extent thereof.

No Work shall be covered up or put out of view without the appRoval of

the Engineer or his organisation representative and the Contractor shall

afford full opportunity for examination and measurement of any Work

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

foundation before permanent Work is placed thereon.

The Contractor shall give due notice to the Engineer or his

organisation representative whenever any such Work or foundation is

ready for examination and the Engineer or his representative shall without

unreasonable delay, unless he considers it necessary and informs the

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

measuring such Work or examining such foundations. In the event of the

failure of the Contractor to give such notice he shall, if required by the

Engineer, uncover such Work at the Contractor’s expense.

Departmental officers concerned with the Works shall have powers at any

time to inspect examine any part of the Works and the Contractor shall

give such facilities as may be required for such inspection & examination.

76 . 8

3

.

Uncovering and

Making Good

No part of the Works shall be covered up or put out of view without the

appRoval of the Engineer. The Contractor shall uncover any part of the

Works and/or make opening in or thRough the same as the Engineer may

fRom time to time direct for his verification and shall reinstate and make

good such part to the satisfaction of the Engineer, if any such part has been

covered up or put out of view after being appRoved by the Engineer and is

subsequently found on uncovering to be executed in accordance with the

contract, the expenses of uncovering and/or making openings in or



through, reinstating and making good the same shall be borne by the

Corporation. In any other case all such expenses shall be borne by the

Contractor.

77 . 1

1

3

.

Contractor to

Search

The Contractor shall, if required by the Engineer in writing, search under

the direction of the Engineer for the cause of any defect, imperfection or

fault appearing during the pRogress of the Work or in the period of

maintenance. Unless such defect, imperfection or fault shall be one for

which the Contractor is liable under the contract, the cost of the Work

carried out by the Contractor in searching as aforesaid shall be borne by

the Corporation. If such defect, imperfection or fault shall be one for which

Contractor is liable as aforesaid, the cost of the Work carried out in

searching as aforesaid shall be borne by the Contractor and he shall in such

case repair, rectify and make good such defect, imperfection or fault, at his

own expense.

78 . 1

1

6

.

Default of

Contractor in

Compliance

In case of default on the part of the Contractor in carrying out such

instruction within the time specified therein or, if non, within a reasonable

time, the Corporation shall be entitled to employ any other persons to carry

out the same and all costs consequent thereon or incidental thereto shall,

after due consultation with the Corporation and the Contractor, be

determined by the Engineer and shall be recoverable fRom the Contractor

by the Corporation fRom any monies due or to become due to the

Contractor and the Engineer shall notify the Contractor accordingly.

79 . 8

0

.

Urgent Works If any Urgent Work (in respect whereof the decision of the Engineer shall

be final and binding) becomes necessary and the Contractor is unable or

unwilling at once to carry it out, the Engineer may by his own or other

Work people, carry it out as he may consider necessary. If the urgent Work

shall be such as the Contractor is liable under the contract to carry out at

his expense all expense incurred on it by the Corporation shall be

recoverable fRom the Contractor and be adjusted or set off against any

sum payable to him.

PART – IV

TIME SCHEDULE AND DELAYS

80. Commencement

Time The time allowed for execution for the Works as specified in the contract

documents shall be the essence of the contract. The execution of the Works

shall commence fRom the date specified by the Engineer in writing. If the

Contractor fails or neglects to commence the execution of the Works as

aforesaid, the Corporation shall without prejudice to any other right or

remedy be at liberty to forfeit the security deposit absolutely.

81 . Extension of Time

for Completion due

to Monsoon.

In any case where the time prescribed for completion of any Work is

exclusive of monsoon period. No new trench Work should be started after

15th May and existing trenches are required to be reinstated by 31st May

every year. The site shall be cleared in all respect including removal of

surplus material on or before 10th June of every year. The monsoon period

shall be deemed to be fRom 10th June to 30th Sept. of the calendar year.

However, if the Contractor is permitted by the Engineer to Work during

any monsoon. Period, all such period shall be taken into account for the

calculating the contract period on pRo-rata basis as under.



Cost of Work done

Effective during monsoon

days = ----------------- x No. of days of

Total cost of Contract period

Contract Work

In the event of the Contractor failing to comply with this condition. He

shall be liable to pay as compensation as stated in Clause No.90.

82 . 8

7

.

Extension of Time

due to Unforsean

events

If the work be delayed by –

(a)Force measure such as acts of God, act of public enemy, act of

government, floods, epidemics etc. or (b) Abnormally bad weather, or

I Serious loss or damage by fire or

(d) Civil commotion, local combination of workmen, strike or

lockout affecting any of the trades employed on the work, or

(e) Delay on the part of other Contractor or tradesmen engaged by the

Municipal Corporation in executing works not forming part of the

contract or

(f) The reasons stated in condition No 84 and 85.

(g) Any other cause, in the absolute discretion of the Engineer.

Then upon the happening of any such event causing delay, the Contractor

shall immediately give notice there of in writing to the Engineer but shall

nevertheless use constantly his best endeavors to prevent or make good the

delay and shall do all that may be reasonable required to the satisfaction of

the Engineer to pRoceed with the work.

Request for extension of time, to be eligible for consideration shall be

made by the Contractor in writing within 14 (fourteen) days of the

happening of the event causing delay. The Contractor may also, if

practicable indicate in such a request the period for which extension is

desired. In any such case, the engineer may give a fair reasonable

extension of time for completion of individual items or gRoups of items of

work for which separate periods of completion are specified in the contract

or the contact as whole. The decision of the Engineer in regard to the

extension will be communicated to the Contractor in writing within a

reasonable time and the Contractor shall also be paid such compensation

that in the opinion of the Engineer is fair and reasonable to cover the

delays resulting fRom the pRovisions under the sub clause (e) above.

The time extended for completing the work shall be the essence of the

contract for the period extended.

83 . 2

5

.

Network Schedule

& Monthly

Progress Reports

(a)On award of the contract, the Contractor shall submit the time schedule

for the Works in the ‘ form of PERT Net Works or Bar chart.

(b) The schedules shall be prepared in direct relations to the time stated in

the contract documents for completion of items or gRoups of items of

Work and or the contract as a whole. It shall indicate the dates of

commencement and completion of various activities of the Work. And

should contain no activities with a duration greater than 28 days.

Milestones would be so determined that at least 10 percent of the events

are milestones and no two milestones are more than 3 months apart.



The Engineer may appRove the Schedule as submitted or suggest

modifications as he thinks necessary. The Contractor shall modify the chart

accordingly and obtain Engineer’s appRoval.

(c)The finalized Network may be amended fRom time to time, if felt

necessary by the Contractor, with the appRoval of the Engineer.

(d)A fixed sum shall be held in abeyance at the time of the next interim

payment for non-attainment of each milestone in the Network and shall be

released only on completion of the Work after deducting the compensation

for delay if there is Contractor’s fault as per pRovision in Clause No.

86 and penalty covered under Clause No. 53. The fixed sum shall be:

Rs.10,000/- for all contracts over Rs.25 Lakhs and upto the value of

Rs.100 Lakhs.

Rs.20,000/- for all contracts over Rs. 1 cRore and upto the value of Rs.5

cRores

Rs.35,000/- for all contracts over Rs. 5 cRores and upto the value of Rs.10

cRores.

Rs.50,000/- for all contracts over Rs.10 cRores.

If the attainment of the milestones is delayed for reason not attributable to

the Contractors no moneys will be held in abeyance.

84 . 7

8

.

Disruption of

Progress for Lack

of Drawings.

The Contractor shall give written notice to the Engineer whenever

planning or pRogress of the Works is likely to be delayed or disrupted

unless any further drawing or order, including a direction, instruction or

appRoval, is issued by the Engineer within a reasonable time. The notice

shall include details of the drawing or order required and of why and by

when it is required and of any delay or disruption likely to be suffered if it

is late.

85 . 7

6

.

Delays of Drawings If by reason of any failure or inability of the Engineer to issue within a

time reasonable in all the circumstances any drawing or order requested by

the Contractor in accordance with the clause 84 of this condition the

Contractor suffers delay, then the Engineer shall take such delay into

account in determining any extension of time to which the Contractor is

entitled under sub-clause (g) of Clause No. 82 hereof. No monitary claim

will be entertained on this account.

86 . 2

6

.

Monthly Report The Contractors will be required to submit the monthly pRogress reports

by the 2nd day of the following month to the Engineer Failure on the part

of the Contractor to submit monthly report in time will attract action as per

Clause No.83.

87 . 8

6

.

Rate of PRogress. If for any reason, which does not entitle the Contractor to an extension of

time, the rate of pRogress of the Works or any Section is at any time, in the

opinion of the Engineer, too slow to comply with the Time for Completion,

the Engineer shall so notify the Contractor who shall thereupon take such

steps as are necessary, subject to the consent of the Engineer, to expedite

pRogress so as to comply with the Time for Completion. The Contractor

shall not be entitled to any additional payment for taking such steps. If, as

a result of any notice given by the Engineer under this Clause, the

Contractor considers that it is necessary to do any Work at night or on

locally recognized days of rest, he shall be entitled to seek the consent of



the Engineer so to do. PRovided that if any steps, taken by the Contractor

in meeting his obligations under this Clause, involve the Corporation in

additional supervision costs, such costs shall be determined by the

Engineer and shall be recoverable fRom the Contractor, and may be

deducted by the Corporation fRom any monies due or to become due to the

Contractor and the Engineer shall notify the Contractors accordingly.

88 . 1

1

7

.

Suspension of

Work

(a)The Contractor shall, on receipt of the order in writing of the Engineer,

suspend the pRogress of the Works or any part thereof for such time and in

such manner as the Engineer may consider necessary for any of the

following reasons: -

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

Engineer or any other default on the part of the Contractor, or

ii) for pRoper execution of the Works or part thereof for reasons other

than the default of the Contractor, or

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

The Contractor shall, during such suspension, pRoperly pRotect and

secure the Works to the extent necessary and carry out the instructions

given in that behalf by the Engineer.

(b) If the suspension is ordered for reasons (ii) and (iii) in sub-para (a)

above, the Contractor shall be entitled to an extension of time equal to the

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

Engineer.

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

Engineer shall have powers to suspend the payment under the contract.

Such suspension of payment may be continued until default shall have

been rectified.

89 . 9

6

.

Stoppage /

Alteration /

Restriction of

Work.

1) If at any time after the execution the contract documents the

Engineer shall for any reason whatsoever (other than default on the part of

Contractor for which the corporation is entitled to rescind the contract)

desires that the whole or any part of the Work specified in the tender

should be suspended for any period or that the whole or part of the Work

should not be carried out, at all he shall give to the Contractor a notice in

writing of such desire and upon the receipt of such notice the Contractor

shall forthwith suspend of stop the Work wholly or in art as required, after

having due regard to the appRopriate stage at which the Work should be

stopped or suspended so as not to cause any damage or injury to the Work

already done or endanger the safety there of pRovided that the decision of

the Engineer as to the stage at which the Work or any part of it could be or

could have been safely stopped or suspended shall be final and conclusive

against the Contractor. The Contractor shall have no claim to any payment

or compensation whatsoever by reason of or in pursuance of any notice as

aforesaid, on account of any suspension, stoppage or curtailment except to

the extent specified hereinafter.

2) Where the total suspension of Work ordered as aforesaid

continued for a continues period exceeding 90 days the Contractor shall

be liberty to withdraw fRom the contractual obligations under the contract

so far as it pertains to unexecuted part of the Work by giving a 10 days

prior notice in writing to the Engineer, within 30 days of the expiry of the

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

record the final measurement of the Work already done and to pay final

bill. Upon giving such notice the Contractor shall be deemed to have been



charged fRom his obligations to complete the remaining unexecuted Work

under his contract. On receipt of such notice the Engineer shall pRoceed

to complete the measurements and make such payments as may be finally

due to the Contractor within a period of 90days fRom the receipt of such

notice in respect of the Work already done by the Contractor. Such

payment shall not in any manner prejudice the right of the Contractor to

any further compensation under the remaining pRovisions of this clause.

3) Where the Engineer required the Contractor to suspend the Work

for a period in excess of 30 days at any time or 60 days in the aggregate,

the Contractor shall be entire to apply to the Engineer within 30 days of

the resumption of Work after such suspension for payment of composition

to the extent of pecuniary loss suffered by him in respect of Working

machinery remain ideal on the site of 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 or such

suspension or in respect or any suspension whatsoever occasioned by

unsatisfactory Work or any other default on his part. The decision of the

Engineer in this regard shall be final and conclusive against the

Contractor.

4) In the event of –

i) Any total stoppage of Work on notice fRom Engineer under sub

clause (1) in that behalf.

ii) Withdrawal by the Contractor fRom the contractual obligations

complete the remaining unexecuted Work under sub clause (2) on account

of continued suspension of Work for a period exceeding 90 days.

It shall be open to the Contractor, within 90 days fRom the service of (i)

the notice of stoppage of Work or (ii) the notice of withdrawal fRom the

contractual obligations under the contract on account of the continued

suspension of Work (iii) notice under clause 20 (1) resulting in such

curtailment to pRoduce to the Engineer satisfactory documentary

evidence that he had purchased or agreed to purchase material for use in

the contracted Work, before receipt by him of the notice of stoppage,

suspension or curtailment and require Government to take over on

payment such material at the rated determine by the Engineer pRovided,

however, such rates shall in no case exceed the rates at which the same

was acquired by the Contractor. The corporation shall thereafter take over

the materials so offered, pRovided the quantities offered, are not in excess

of the requirements of the unexecuted Work as specified in the accepted

tender and are of quality and specifications appRoved by the Engineer.

90 . 8

8

.

Liquidated

Damages for Delay. If the Contractor fails to complete the Works and clear the Site on or

before the Contract or extended Date(s)/period(s) of completion, he

shall, without prejudice to any other right or remedy of Corporation on

account of such breach, pay as agreed compensation, amount calculated as

stipulated below (or such smaller amount as may be fixed by the Engineer)

on the Contract Value of the whole Work or on the Contract Value of the

item or gRoup of items of Work for which separate period of completion

are given in the contract and of which completion is delayed for every

week that the whole of the Work of item or gRoup of items of Work

concerned remains uncompleted, even though the contract as a whole be



completed by the contract or the extended date of completion. For this

purpose the term “Contract Value” shall be the value of the Work at

Contract Rates as ordered including the value of all deviations ordered:

(a)Completion period for @ 1 percent

(originally stipulated per week

or as extended ) not

exceeding 6 months

(b) Completion period for @1/2 percent

(as originally stipulated per week

as extended )

exceeding 6 months and

not exceeding 2 years

(c)Completion period (as @ ¼ percent

originally stipulated per week

or as extended )

exceeding 2 years

the under noted percentage of the Contract Value of the item or gRoup of

items of Work for which a separate period of completion is given.

When the delay is not a full week or in multiple of a week but involves a

fraction of a week the compensation payable for that fraction shall be

pRoportional to the number of days involved.

PRovided always that the total amount of compensation for delay to be

paid this condition shall not exceed

(a)Completion period (as 10 percent

originally stipulated

or as extended ). Not

exceeding 6 months

(b) Completion period 7 ½ percent

(as originally stipulated

or as extended )

exceeding 6 months and

not exceeding 2 years

(c)Completion period 5 percent

(as originally stipulated

or as extended )

exceeding 2 years

The amount of liquidated damages may be adjusted set off against any sum

payable to the Contractor under this or any other contract with the

corporation or fRom the security deposit of the Contractor entirely at the

discretion of the corporation.

PART – V

BILLS AND PAYMENTS

91 . 8

9

.

Method of

Measurement

Except where any general or detailed description of the Work in bills of

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

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

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

the schedule of rates /specifications notwithstanding any pRovision in the



relevant standard Method of Measurement or any general or local custom.

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

specifications, measurement shall be taken in accordance with the relevant

Standard specifications published by PWD Govt. of Maharastra and for the

works not covered in this publication, measurements shall be taken as per

the codes by Bureau of Indian standards. .

92 . 9

0

.

Records and

Measurement

The Contractor shall submit to the Engineer the monthly statements of the

estimated value of the work completed less than the cumulative amount

certified previously. The monthly statements shall be in the bill form

specified by the Engineer and it shall be submitted on or before the date

instructed by the Engineer. These monthly bills shall be supported with

detailed measurements for the gRoss quantity of the work done duly

deducting the gRoss quantity paid in the previous bill. The Contractor is

permitted to copy down the corrections in the bills paid as per the

Engineers certification. Upon receipt of the bill and measurements by the

Contractors, the Engineer shall except as otherwise stated ascertain and

determine by measurement the value in accordance with the contract of

work done in accordance therewith.

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

etc. as prescribed by the corporation so that a complete record is obtained

of all the Works performed under the contract.

Measurements shall be taken jointly by the Engineer or his organisation

representative and by the Contractor or his organisation representative.

Before taking measurements of any work the Engineer or the person

deputed by him for the purpose shall give a reasonable notice to the

Contractor. If the Contractor fails to attend or send an organisation

representative for measurement after such a notice or fails to countersign

or the objection within a week fRom the date of measurement , then in any

such event measurement taken by the Engineer or by the person deputed

by him shall be taken to be correct measurements of the works and shall be

binding on the Contractor.

The Contractor shall, without any extra charge, pRovide assistance with

every appliance and other things necessary for measurements.

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

taking measurement) on the site on completion of measurement.

93 . 9

1

.

Payments of Bills

and Other Claims

The payment of bills and other claims arising out of the contract will be

made by Account Payee Cheque drawn in the name of ‘Agency’.

94 . 8

5

.

Full PRovisions The rates inserted by the corporation against various items of Work

detailed in various parts of scheduled shall be deemed to include every

allowance necessary, without extra measurement or charge for meeting the

requirement of various components/ parts of the contract documents (viz

particular specifications, PWD of standard specifications, Maharashtra

schedule of rates, MOST specifications, BIS specifications, Special

Conditions, preambles and notes to schedule of items description of

schedule items which shall all be read together and any or of the following

unless specifically pRovided for the contrary.

a) Compliance with all the conditions of contract including General

Conditions of Contract, schedule of rates and Quantities, Particular



Specifications, Drawings including Notes thereon, Specifications in

standard Specifications of PWD of Maharashtra and MJP relevant Indian

Standard Specifications wherever applicable. However, in case of any

discrepancy between drawing and tender, the tender item and specification

shall prevail. If there is discrepancy in tender specifications, the order of

preference shall be 1st specification of Maharashtra State PWD, MJP,

MOST and lastly BIS.

b) All labour, materials, tool and plants, equipments and transport

which may be required in preparation for and in the full and entire

execution and completion of the Works including waste of materials,

carriage and cartage, carrying in, return of empties, hoisting, setting,

fixtures and fittings in position.

c) Local conditions: Nature of Works, local facilities for supply of

labour and materials accessibility’s to sites and all other matters effecting

the execution and completion of the Works.

d) Duties etc: Payments of any OctRoi, Terminal Tax, Sales Tax,

Turnover Tax, Contract Sales Tax, Toll Tax, GRound Rent, Royalty,

EnviRonmental Cess, Local Bodies Cess, Taxes or any duties on materials

obtained for the Works and any duties in respect of patent rights.

e) Supervision : Competent supervision of the Work.

f) Labour: Reasonable terms and conditions of employment, liability

to pay compensation, Wages as per statutory enactment’s, temporary

accommodation, sanitation, compliance with contract labour act 1970

(Regulation and Abolition).

g) Water: PRovision of all water required including temporary

plumbing and connection.

h) Temporary Work Shops, Stores, Offices, Labour Camps etc.

PRovisions of such structures required for efficient execution of the Works

and removing and cleaning up site on completion of Works.

i) Precautions Against Risks: Precautions to prevent loss or damage

fRom all or any risk, insurance of sheds or any temporary accommodation

pRovided by the corporation watching and lighting, pRovisions pertaining

to the General Conditions of Contract.

j) Notices, Fees etc.: Compliance with statutory pRovisions of

regulations and/ or bye laws of any local authority and/ or any public

service company or authority affected by the Works.

k) Setting the Works including all apparatus required.

l) Site Drainage: Removal of all water that may accumulate due to

spring, sub soil water, flood/tides and any other causes on the site during

the pRogress of the Work.

m) Execution of Work in Workmanlike manner, facilities for

inspection etc.

n) Rectification of bad Work: Rectification and/ or removal and

reconstruction of any Work which (as decided by the Engineer) has been

executed with unsound or imperfect materials or unskilled Workmanship

or of a quality inferior to that contracted for, whether during construction

or reconstruction prior to the expiry of the Defect Liability period.

o) Responsibility for damages and loss of all construction materials

etc., at the site until handing over to the corporation.

p) Removal of Rubbish: Removal of Rubbish & debris & cleaning of

any dirt before handing over all completion of woks.

q) Cleaning site and Works: Removal by the Contractor off the site,

of any tools, plats & materials and sweeping building, washing floors,

cleaning joineries & removal of splashes of asphalt leaving the whole site

neat and tidy.



r) Completion: Completing the Work to the satisfaction of the

Engineer on or before stipulated the date of completion.

s) Difficult position: Accessibility or otherwise to site, easy or

difficult position in Works.

t) ErRors: Rectification of all defects during construction & defect

liability period to the satisfaction of Engineer.

u) Curved Works etc. Works of any quantity, size or shape whether

level, inclined, curved, battered etc.

v) Maker’s Instruction: Compliance with make’s instructions in the

case of pRoprietary articles, factory made good of precast items.

w) Waste: All waste laps, seams, joints (Rough or fair cutting)

straight/ raking, circular and making good.

x) Artificial Lights: To include all lighting/KeRosene or electric

power as the case may be when need arises for use of lighting while

carrying out Works.

Construction of appRoaches to the site of Work. Making arrangements for

pRoper access to Works in the form of stairs, ladders, lifts etc. as ordered

by the Engineer – in – Charge for pRoper supervisions, testing and or

inspection of Works including material during construction & defect

liability period.

95 . 9

2

.

Interim Payment Interim bills shall be submitted by the Contractor fRom time to time (but at

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

Engineer shall arrange to have the bills verified by taking or causing to be

taken, where necessary, the requisite measurement of Work. The joint

measurement shall not be an excuse for the Contractor to submit

intermediate bills at monthly or intervals not less than a month. All interim

bills shall be first submitted by the Contractor with detailed measurements

and thereafter only the Engineer or his organisation representative shall

carry out joint verifications or otherwise on record in the measurement

book before certification of the bills.

Payment on account for amount admissible shall be made on the Engineer

certifying the sum to which the Contractor is considered entitled by way of

interim payment for all the Work executed, after deducting there fRom the

amount already paid, the security deposit/retention money and such other

amounts as may be deductible or recoverable in terms of the contract.

No interim payment will be admitted until such time the Contractor have

fully complied with the requirement of the Condition 84 concerning

submission and appRoval of NetWork Schedule for the Works, as detailed

in Condition 83. A fixed sum shall be held in abeyance at the time of next

interim payment for non attainment of each milestone in the NetWork and

shall be released only on attainment of the said milestone

96 . 9

3

.

Modification of

Interim Certificate. An interim certificate given relating to Work done or material delivered

may be modified or corrected by any subsequent interim certificate or by

the final certificate. No certificate of the Engineer supporting an interim

payment shall of itself be conclusive evidence that any Work or materials

to which it relates is/are in accordance with the contract.

97 . 9

4

.

Income Tax

The Contractor shall pay Indian Income Tax on all payments made to him

under the Contract, other than reimbursements made to him by the

Corporation to cover payment by Contractor of minor custom duties etc.,

or any other payment which the Contractor may make on the Corporation’s



behalf. Under the pRovisions of Sec. 194-C of the Indian Income Tax Act,

the Corporation is required to deduct Tax with surcharge at source at

prevailing rates fRom the gRoss amount of each bill submitted. Any

expatriate site staff or staff not normally residents of India, employed by

the Contractor shall pay personal Income Tax on all money earned and

paid in India. The Contractor shall perform such duties in regard to such

deductions thereof as may be imposed on him by such laws and

regulations.

98 . Payment of Taxes The contractor shall pay all the taxes directly to respective organizations &

to the Government. The Corporation shall not take any responsibility for

any kind of tax payment to the Government or semi Government bodies at

any point of time.

The prices quoted by the Contractor shall include all customs duties,

import duties, excise duties, business taxes, income and other taxes that

may be levied in accordance to the laws and regulation in-force on the

Contractor’s Equipment, materials, supplies (permanent, temporary and

consumables) to be used on or furnished under the contract and on the

services to be performed under the contract. Nothing in the contract shall

relieve the contractor fRom his responsibility to pay any tax that may be

levied or on pRofits made by him in respect of the contract.

The contractor shall perform such duties in regard to such deductions

thereof as may be imposed on him by such laws and regulations.

All Charges on account of OctRoi, terminal or Sales Tax and other duties

on material obtained for the Works fRom any source including the tax

applicable as per Maharashtra Sales Tax Act on the transfer of pRoperty in

the goods involved in the execution of Works contract (re-enacted) Act,

1991 etc. shall be borne by the Contractor. Under the pRovisions of the

Maharashtra Sales Tax Act, the Corporation is required to deduct Turnover

Tax at source at the rates prevailing at the time of payments.

The contractor shall submit form – 31 or such other forms as are prescribed

under the said act which is required to be pRoduced by the principle

employer in the events of any notice by the Sales Tax Department within

one month of issue of letter of acceptance.

99 . 9

5

.

Deduction of

Contract Sales Tax

/ Turnover tax.

The Contractors are required to pRoduce their registration for contract

sales tax/turnover tax to the department before releasing the 1st R.A. bill

for the Work executed by them, failing which, no payment shall be release.

100 . 9

7

.

PRovisional

Sums. (1)”PRovisional sum” means a sum included in the contract and so

designated in the Bill of Quantities for the execution of Work or supply of

goods, materials or services or for contingencies, which sum may be used,

in whole or in part, or not at all, at the direction and discretion of the

Engineer. The contract price shall include only such amounts in respect of

the Work, supply or service to which such pRovisional sum relate as the

Engineer shall appRove or determine in accordance with this clause.

(2) In respect of every pRovisional sum the Engineer shall have power to

order to execute the Work, including goods, materials or services to be

supplied by the Contractor. The contract price shall include the value of

such Work executed or such goods, material or services supplied

determined in accordance with Clause No. 102.



(3) The Contractor shall pRoduce all quotations, invoices, vouchers and

accounts or receipts in connection with expenditure in respect of

pRovisional sums.

101 . 9

8

.

Rates for Excess in

Items. Quantities shown in the tender are appRoximate and no claim shall be

entertained for quantities of work executed being either more or less than

those entered in the tender or estimate. For purpose of this contract, the

variations/deviations in carrying out the items of work shall not exceed

plus or minus 25 percent of contract sum. The deviation/variation in the

quantity of individual items shall not be taken as deviation or variation in

the contract. The difference between the total value of the work done and

the Contract sum as defined above will be only be considered for

deviation/variation.

The Contractor shall arrive at the rates after carefully preparing the rate

analysis taking into consideration site conditions. For increase upto 25

percent over the quantity shown in the bill of quantities shall be paid at, the

rate mentioned in the bill of quantities. However, if the quantity increases

beyond 25 percent of quantity shown in the bill of quantities the excess

quantity beyond 25 percent shall be priced as under:

The rate shall be worked out based on schedule rate with Contractor`s

quoted percentage or current district schedule of rates without Contractor`s

quoted percentage, which ever is less.

102 . 9

9

.

Rates for Extra

Items.

Rates for such additional altered or, substituted Work shall be determined

as follows:

i) If rate for additional, altered or substituted item of Work is specified in

the bill of quantities and rates, the Contractor shall carry out the additional,

altered or substituted item at the same rate, subject to 100 above.

ii) If rate for any additional, altered or substituted item of Work is not

included in the bill of quantities and rates, such item of Work shall be

carried out at the relevant Corporation’s schedule of rates (Public works

Department and M.J.P. schedule of rates for Thane District) prevailing at

the time of execution of extra Work (Quoted percentage will not be

applicable)

iii) If the rate for any additional, altered or substituted item of

Work cannot be determined in the manner specified in (i) & (ii) above, or

the rate so determined is found to be unreasonable, then the

Contractor will be paid at such fair and reasonable rates as Worked out by

the Engineer on the basis of material, labour and operations of

construction equipment required to execute the item and allowing 10

percent to cover pRofits and overhead charges.

(iv) The Contractor shall submit to the Engineer his detailed rate analysis

for carrying out variation duly supported with quotations and other

supporting documents within 7 days of written instructions to carry out

variations. If the Contractor’s quotation is unreasonable, the Engineer

orders the variation and makes change to the contract price which is based

on his own forecast of the variations on the Contractor’s cost. In case, the

rates decided by the Engineer are not acceptable to the Contractor, he shall



continue with the work and maintain contemporary records of actual

expenses on day-to-day basis with joint assessment/ verification. The

Contractor is not entitle for payment of actual expenses as per joint records

added with 10% for pRofit and overheads. Disagreement with the rate

fixed by the Engineer shall be informed by the Contractor before

commencing the work of variations, failing which the rate fixed by the

Engineer shall be final and binding on the parties to contract.

103 . 1

0

0

.

Overpayment and

Underpayment

Whenever any claim for the payment of a sum to the Corporation rises out

of or under this contract against the Contractor the

same may be deducted by the Corporation fRom any sum then due or

which at any time thereafter may become due to the Contractor under this

contract and failing that under any contract with the Corporation or fRom

any other sum due to the Contractor fRom the Corporation (which may be

available with the Corporation) or fRom his security deposit/retention

money, or he shall pay the claim on demand.

The Corporation reserves the right to carry out post payment audit

and technical examination of the final bill including all

supporting voucher, abstracts etc. The Corporation further reserves the

right to enforce recovery of any over payment when detected.

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

discovered in respect of any Work done by the Contractor or alleged to

have been done by him under the Contract, it shall be recovered by the

Corporation fRom the Contractor by any or all of the methods prescribed

above or if underpayment is discovered the amount shall be duly paid to

the Contractor by the Corporation.

Provided that the aforesaid right of the Corporation to adjust overpayment

against amount due to the Contractor under any other contract with

Corporation shall not extend beyond the period of two years fRom the date

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

the date of the amount payable by the Contractor under the “Minus” bill is

communicated to the Contractor.

Any amount due to the Contractor under this contract for underpayment

may be adjusted against amount then due or which may at any time

thereafter become due before payment is to the Contractor, fRom him to

Corporation on any other contract or account whatsoever.

104 . 1

0

1

.

.

Payment of Final

Bill

Final joint measurement along-with the representatives of the Contractor

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

submit the final bill within 1 month of physical completion of the Work.

[

If the Contractor fails to submit the final bill within 1 month, the

Corporation staff will prepare the final bill based on the joint measurement

within next 3 months.

Engineer’s decision shall be final in respect of claims for defect and

pending claims against Contractors.



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

the final bill and these shall be deemed to have been waived and

extinguished. Payment of those items of the bills in respect of which there

is no dispute and of items in dispute, for quantities and rates as appRoved

by the Commissioner shall be made within a reasonable period as may be

necessary for the purpose of verification etc.

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

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

portion of the final bill and if he fails to do so within 84 days, his disputed

claim shall be dealt with as pRovided in the contract.

105 .

Receipts to be

Signed in Firm’s

Name by any One

of the Partners

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

which may become transferable to the Contractor under these present shall,

if signed in the partnership name by any one of the partners, be a good and

sufficient discharge to the Commissioner and Corporation in respect of the

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

of death of any of the partners during the pendency of this contract, it is

hereby expressly agreed that every receipt by any one of the surviving

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

aforesaid pRovided that nothing in this clause contained shall be deemed

to prejudice or effect any claim which the Commissioner or the

Corporation may hereafter have against the legal representatives of any

partners so dying or in respect of any breach of any of the conditions

thereof, pRovided also that nothing in this clause contained shall be

deemed prejudice or affect the respective rights or obligations of the

Contractor and of the legal representative of any deceased Contractors

interest.

106. 2

0

Payment on

Account of Price

Variation of

Labour, Material

and POL

Component

Clause Not used.

PART-VI

TERMINATION OF CONTRACT AND SETTELEMENT OF DISPUTES

107. 1

0

7

.

Cancellation of

Contract in Full or

in Part.

If the Contractor:

(a)At any time makes default in pRoceeding with the Work with due

diligence and continues to do so after notice in writing of fourteen days

fRom the Engineer; or

b) Commits default in complying with any of the terms and conditions of

contract and does not remedy it within fourteen days after a

notice in writing is given to him in that behalf by the Engineer, or

(c)Fails to complete the Works or items with individual dates of

completion, on or before the date(s) of completion, and does not complete

them within the period specified in a notice given in writing in that behalf

by the Engineer, or

(d)Shall offer or give or agree to give to any person in Corporation’s

Service or to any other person on his behalf any gift or consideration of

any kind as an inducement or reward for doing or forbearing to do or for

having done or forborne to do any act in relation to the obtaining or



execution of this or any other contract for the Corporation, or

(e)Shall obtain a contract with the Corporation as a result of ring tendering

or other non-bona-fide methods of competitive tendering or

f) being an individual or a firm, any partner thereof, shall at any time be

adjudged insolvent or have a receiving order or order for administration of

his estate made against him or shall take any pRoceedings for liquidation

or composition (other than voluntary liquidation for the purpose of

amalgamation or reconstruction) under any insolvency act for the time

being in force or make any conveyance of assignment of his effects or

composition or arrangement for the benefit of his creditors or purport so to

do, or if any application be made under any Insolvency Act for the time

being in force for the sequestration of his estate or if a trust deed be

executed by him for his creditors, or

g) Being a company, shall pass a resolution or the court shall make an

order for the liquidation of his affairs, or a receiver or a manager on behalf

of the debenture holders shall be appointed or circumstances shall arise

which entitle the Court or debenture holders to appoint a receiver or a

Manager, or

h) shall suffer an execution being levied on his goods and allow it to be

continued for a period of 21 days, or

Assigns, transfers, sublets (engagement of labour on a piece Work basis or

labour with materials not to be incorporated in the Work, shall not be

deemed to be sub-letting) or attempts to assign, transfer or sub-let the

entire Works or any portion thereof without the prior written appRoval of

the Commissioner; the Commissioner may, without prejudice to any other

right or remedy which shall have accrued or shall accrue thereafter to the

Corporation by written notice cancel the contract as a whole or only such

items of Work in default fRom the contract.

i) In the case of abandonment of the work owing to serious illness or death

of the Contractor.

108 . 1

0

5

.

Action When

Whole of Security

Deposit is to be

Forfeited

In the cases mentioned in above clause No. 107 the Engineer, on behalf of

the corporation shall have power to adopt any of the following forces, as

he may deem best suited to the interest of the corporation.

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

to the Contractor under the head of Engineer shall be conclusive

evidence) and in that case the security deposit of the Contractor shall

stand forfeited and be absolutely at the disposal of Corporation

b) To carry out Work or any part of the departmentally debiting

the Contractor with the cost of the Work, expenditure incurred on tools

and plan and charges on additional supervisory staff including the cost

of Work charge establishment employed for getting the 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 Engineer as to the costs and other

allied expenses so incurred and as to the value of the Work so done

departmentally and 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 on executed 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 charge

establishment and a cost of Work executed by the new contract agency

will be debited to the Contractor and the value of the Work done or

executed thRough a new Contractor shall be credited to the Contractor

in all respects and in the same manner and at the same rates as if it had

been carried out by the Contractor under the terms of this contract. The

certificate of the Engineer as to all the cost of the Work and other

expenses incurred as aforesaid for or in getting the unexecuted Work

done by the new Contractor and as to the value of the Work so done

shall be final and conclusive against the Contractor.

In case the contract shall be rescinded under clause (a) above the

Contractor shall not be entitle to recover or be paid, any sum for any

Work therefore actually performed by him under this contract unless

and until the Engineer shall have certified in writing the performance of

the such Work and the amount payable to him in respect thereof and he

shall only be entitled to be paid the amount so certified in the event of

either of the curses referred to in clauses (b) or (c) being adopted and

the cost of the executed departmentally or thRough a new Contractor

and other allied expenses exceeding the value of the such Work credited

to the Contractor the amount of excess shall be deducted fRom any

money due to the Contractor, by corporation under the Contractor

otherwise howsoever or fRom his security deposit or the sale pRoceeds

there of pRovided, however, that Contractor shall have no claim against

corporation even if the certified value of Work done departmentally or

thRough a new Contractor exceed the certified cost of such Work and

allied expenses, pRovided always that which ever of the three courses

mentioned in clauses (a), (b) or (c) is adopted by the Engineer, the

Contractor shall have no claim to compensation for any loss sustained

by him by reason his having purchased or pRocured any materials, or

entered into any engagements, or made any advance on account of or

with a view to the execution of the Work or the performance of the

contract.

109 . 1

0

3

.

Action When the

PRogress of any

Particular Portion

of the Work is

Unsatisfactory

If the pRogress of any particular portion of the Work is unsatisfactory the

conditions mentioned in clause 108(b), be entitled to lake action under

clause after giving the Contractor 14 days notice in writing. The Contractor

will have no claim for compensation, for any loss sustained by him owing

to such action.

110. 1

0

4

.

Contractor Remains

Liable to Pay

Compensation if

Action not Taken

Under Clause 108

and 109

In any case in which any of the powers conferred upon the Engineer by

clauses 108 & 109 hereof shall have become exercisable and the same

shall not have been exercised the non exercise there of shall not constitute

a walver of any of the conditions thereof and such powers shall not

withstanding the excisable 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 this security deposit and the

liability of the Contractor for past and future compensation shall remain

unaffected.

111. 1

0

6

.

Power to take

possession of or

require removal or

sell Contractors

plant.

In the event of Engineer taking action under sub clauses (a) or (c) clause

108, he may if he so desires, take possession of all any tools and plant,

materials and store in or upon the Work of the site thereof or belonging to

the Contractor, or pRocured by him and intended to be uses for the

execution of the Work or any part thereof paying or allowing for the same



in account at the contract rates or in the case of contract rates not being

applicable at current market rates to be certified by the Engineer whose

certificate thereof shall be final. In the alternative the Engineer may after

giving notice in writing to the Contractor or his clerk of the Work foreman

or other authorises agent requires him to remove such tools and plant,

material, or stores fRom the premises within a time to be specified in such

notice and in the event of the Contractor failing to comply with any such

requisition, the Engineer may remove them at the Contractor’s expenses or

sell them by auctions or private sale on account of the Contractor and at

this risk in all respect and the certificate of the Engineer as to the expenses

of any such removal and the amount of the pRoceeds and expensed on any

such sale shall be final and conclusive against the Contractor.

112 . 1

0

8

.

No Interest for

Delayed Payments

Due to Disputes

etc.

It is agreed that the Corporation of or its Engineer or Officer shall not be

liable to pay any interest or damage with respect to any moneys or balance

which may be in its or its Engineer’s or officer’s hands owing to any

dispute or difference or claim or mis-understanding between the

Corporation of or its Engineer or Officer on the one hand and the

Contractor on the other, or with respect to any delay on the part of the

Corporation of Navi Mumabi or its Engineer or Officers in making

periodical or final payments or in any other respect whatever.

Payment to the Contractor of the amount due under each of the interim

payment certificate issued by the Engineer shall be made by the

Corporation within 45 (Forty Five) days if such certificate being delivered.

If the Corporation makes late payment, the Contractor is to be paid interest

on the late payment in the next payment. Interest shall be calculated fRom

the date by which the payment should have been made upto the date when

the late payment is made at 6% per annum. It is a term under this contract

that payment of interest in excess of 6% is barred on any amount payable

to the Contractor on any account.

It is distinctly understood and agreed between the parties hereto that

payment for Work already executed by the Contractor is not a condition

precedent under this contract for the execution of the remaining Work.

113. 1

0

9

.

Jurisdiction In case of any claim, dispute or difference arising in respect of a contract,

the cause of action thereof shall be deemed to have arisen in Navi Mumbai

and all legal pRoceedings in respect of any such claim, dispute or

difference shall be instituted in a competent court in the City of Navi

Mumbai only.

114 . 1

1

0

.

Finality of Decision

and Non-

Arbitrability

SETTLEMENT Of DISPUTES

If a dispute/ disputes of any kind whatsoever arises between the Contractor

and Engineers representative the same shall be referred to the Engineer for

his decision with detailed justification. Such reference shall be stated that it

is inpersunce to this clause for review and giving decisions by the

Engineers. The Engineer shall give his decision within 14 days of receipt

of notice. If either party is not satisfied with the decision of the Engineer or

the Engineer fails to give the decision within the period of 14 days from

the date of receipt of notice under this clause, such a dispute may be

referred to Arbitration as per Clause No. 115.

115. 1

1

1

.

Arbitration Except where, otherwise provided for in this contract, all questions and

disputes relating to the meaning of instruction hear in before mentioned or

as to any other question, claim, right, matter of handing whatsoever, if any

arising out of or relating to this contract, specification, estimates,



Instructions, orders or these conditions or otherwise concerning the works,

or the execution or failure to execute the same where arising during the

pRogress of the work or after completion or abandonment thereof of any

matter directly or indirectly connected with this agreement shall be

referred to the sole Arbitration of the Municipal Commissioner of Navi

Mumbai Corporation, C.B.D., Navi Mumbai and if the Municipal

Commissioner is unable or unwilling to act as such, then the matter in

dispute shall be referred to sole Arbitration or such other person appointed

by the Municipal commissioner who is willing to act as such Arbitrator. In

case, the Arbitrator so appointed is unable to act for any reasons, the

Municipal Commissioner in the event of such inability, shall appoint

another person to act as Arbitrator in accordance with the terms of the

contract. Such person shall be entitled to pRoceed with the reference fRom

the state at which it was left by his predecessors. It is also a term of this

contract that no person other than a person appointed by the Municipal

Commissioner as aforesaid should act as an Arbitrator.

As aforesaid the provisions of the arbitration and conciliation act 1996 or

any statutory modification or Reinactment there of and the rules made

there under and for the time being in force shall apply to the arbitration

pRoceedings under this clause.

116 . Laws Governing

The Contract– This contract shall be governed by the Indian Laws for the time being in

force.

PART –VII

WORK COMPLETION & DEFECT LIABILITY

117 . 1

1

9

.

Clearance of Site

on Completion

Upon the issue of any Taking over certificate the Contractor shall clear

away and remove fRom that part of the site to which such Taking-over

Certificate relates all Contractor’s equipment, surplus materials, rubbish

and temporary Works of every kind, and leave such part of the site and

Works clean and in a Workman like condition to the satisfaction of the

Engineer. If the Contractor does not clear the site within 15 days all

material will be confiscated and no compensation shall be paid and the site

will be cleared at risk and cost of the Contractor.

118 . 1

1

8

.

Submissions of

Final Completion

Drawings.

On completion of the Work, the Contractors shall furnish free of cost 1 set

of R.T.F. of final completion drawings and 6 bound sets of copies of

drawings, showing all the details checked and signed by the Engineer

within 2 months of completion of Works. The payment of final bill shall be

made to the Contractors after receipt of above sets. In case the Contractor

fails to submit the completion drawings, a compensation at the rate of

Rs.5000/- per drawing shall be recovered fRom the final bills

119 . 1

2

0

.

Completion

Certificate

(1) As soon as Work is completed, the Contractor shall give notice of such

completion to the Engineer and within 28 (Twenty-eight) days of receipt of

such notice the Engineer shall inspect the Works and shall furnish the

Contractor with a certificate of completion indicating (a) the date of

completion (b) the defects to be rectified by the Contractor, and/or (c)

items for which payment shall be made at reduced rates.



When separate periods of completion have been specified for items or

gRoups of items, the Engineer shall issue separate completion certificates

for such items or gRoups of items. No certificate of completion shall be

issued, nor the Works be considered to be complete till the Contractor shall

have removed fRom the premises on which the Works has been executed,

all scaffolding, sheds and surplus materials, except such as required for

rectification of defects, rubbish and all huts and sanitary arrangements

required for his Workers on the site in connection with the execution of

Works as shall have been erected by the Contractor or the Workmen and

cleaned all dirt fRom all parts of building(s) in, upon or about which the

Work has been executed or of which he may have had possession for

the purpose of execution thereof and cleaned floors, gutters and drains,

eased doors and sashes, oiled and fastenings, labeled the keys clearly and

handed them over to the Engineer or his representative and made the whole

premises fit for immediate occupation or use to the satisfaction of the

Engineer. If the Contractor shall fail to comply with any of the

requirements of this Condition as aforesaid, on or before the date of

completion of Works, the Engineer may at the expense of the Contractor

fulfill such requirements and dispose of all the surplus material and

rubbish etc. as he thinks fit and the Contractor shall have no claims in

respect of any such material except for any sum actually realised by the

sale thereof less the cost of fulfilling the requirements and any other

amount that may be due fRom the Contractor. If the expense of fulfilling

such requirement is more than the amount realises on such disposal as

aforesaid, the Contractor shall forthwith on demand pay such excess.

The Contractor`s notice of completion as aforesaid shall have to

accompanied with one set of tracings of final completion drawings on RTF

and six bound sets of copies of as built drawings, failing which the notice

shall be deemed to have not been issued at all.

(2) If at any time before completion of the entire Work, items or gRoups of

items for which separate periods of completion have been specified, have

been completed, the Engineer with the consent of the Contractor takes

possession of any part or parts of the same (any such part or parts being

hereinafter in this condition referred to as "the relevant part") then not-

withstanding anything expressed or implied elsewhere in this contract.

(a) Within 28days (Twenty-eight days) of date of completion of such items

or gRoup of items or possession of the relevant part the Engineer shall

issue a completion certificate for the relevant part pRovided the

Contractor fulfills his obligation for the relevant part as in sub-para (1)

above

(b) The defects liability period in respect of such items and relevant part

shall be deemed to have commenced fRom the certified date of completion

of such items or relevant part as the case may be.

(c) For the purpose of ascertaining compensation for delay under Clause

No. 88 in respect of any period during which the Works are not completed

the relevant part shall be deemed to form a separate item or gRoup, with

date of completion as given in the contract or as extended under Clause

No.80 and actual date of completion as certified by the Engineer under this

condition.



(3) If any part of the Work shall have been substantially completed and

shall have satisfactorily passed any final test that may be prescribed under

the contract, the Engineer may issue a certificate of completion in respect

of that part of the Works before completion of the whole Works and upon

the issue of such certificates, the Contractors shall be deemed to have

undertaken to complete any outstanding Works in that part of the Works

during the period of maintenance.

120 . 1

2

.

Taking Over of

Work

Corporation will take over the Work at any stage whenever required in the

interest of public by giving 10 days notice to the Contractor.

121 . 1

2

3

.

Defects Liability

Period

The Contractor shall be responsible to make good and remedy at his own

expense within such period as may be stipulated by the Engineer any

defects which may develop or be noticed before the expiry of the period

mentioned in the Schedule `A' hereto from certified date of completion and

intimation of which has been sent to the Contractor within 7 days of expiry

of the said period by letter sent by hand delivery or by registered post

122 . 1

1

2

Liability for

Defects or

Imperfections and

Rectification

Thereof

If it shall appear to the Engineer or to his representative at any time during

construction or reconstruction or during the defects‚ liability period, that

any Work has been executed with unsound, imperfect or unskillful

Workmanship or that any material or article pRovided by the Contractor

for execution of thereof the Work is unsound or of a quality inferior to that

contracted for, or otherwise, not in accordance with the Contract, or that

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

of defective or impRoper materials or Workmanship, the Contractor shall,

upon receipt of notice in writing in that behalf fRom the Engineer

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

or part, as the case may require or, as the case may be, and / or remove the

materials or articles so specified and pRovide other pRoper and suitable

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

have been inadvertently passed, certified and paid for, and in the event of

his failing to do so within the period to be specified by the Engineer in his

notice aforesaid the Engineer may rectify or remove and re-execute

the Work and/or remove and replace with others the materials or articles

complained of, as the case may be, by other means at the risk and cost of

the Contractor.

In case of repairs and maintenance Work, splashes and dRoppings fRom

whitewashing, painting etc. shall be removed and surfaces cleaned

simultaneously with completion of these items of Work in individual

Rooms, quarters or premises etc. where the Work is done, without waiting

for completion of all other items of Work in the contract. In case the

Contractor fails to comply with requirement of this condition, the Engineer

shall have the right to get the Work done by other means at the risk and

cost of the Contractor.

The Engineer shall give three days notice in writing to the Contractor

before taking such action.

The Engineer reserves the right to decide the rates and prices of the Works

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



The cost and expenses thereby incurred on the Works and also such

penalty as the Engineer may impose for such wRongful conduct of the

Contractor (which penalty, the Engineer shall be competent to impose and

against the imposition of which or the amount thereof by the Engineer an

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

that behalf of the Engineer and the decisions of the Commissioner shall be

final and binding upon the Contractor) may be deducted fRom any money

due or to become due to the Contractor, under this or any other contract

between the Contractor and the Corporation.

123 . 1

2

5

.

Maintenance The Contractor shall maintain the finished surface of the Road for a

period as specified in Contract document, after the completion of Work

without any extra cost to corporation irrespective of the designs, standards

and specifications and actual traffic etc. The Contractor shall get the

potholes filled up with asphalt mix materials and keep the Road surface in

good condition thRoughout the year. 5 percent amount of the total Work

done shall be with held fRom running account bill for the period specified

in the Contract document fRom the date of completion of Work as

maintenance charges of maintaining and keeping the Road in good

condition. This 5 percent amount withheld towards maintenance charges

shall be allowed to be replaced with Bank guarantee or other recognised

forms at intermediate stage, if so, desired in writing. This maintenance

charges shall be in addition to security deposit.

On completion of the Work in all respects, necessary certificates will be

issued by the Engineer and the defect liability period will be counted

fRom the date of issue of such certificates

All damages during execution shall be made good by the Contractor at his

cost. He will be responsible for any damage to the Road surface including

B.T. surface in rainy season and during construction and guaranteed

maintenance period and no separate payment will be made for resorting

such damages.

Defective Work is liable to be rejected at any stage. The Contractor on no

account can refuse to rectify defects merely on reasons that further Work

has been carried out. No extra payments shall be made for such

rectification.

124 . 1

2

4

.

Defects Liability

Certificate

The Contract shall not be considered as completed until a Defects

Liability Certificate shall have been signed by the Engineer and delivered

to the Contractor, stating the date on which the Contractor shall have

completed his obligations to execute and complete the Works and remedy

any defects therein to the Engineer’s satisfaction. The Defects Liability

Certificate shall be given by the Engineer within 28 days after the

expiration of the latest such period, or as soon thereafter as any Works

instructed, pursuant to Clauses 121 and have been completed to the

satisfaction of the Engineer, PRovided that the issue of the Defects

Liability Certificate shall not be a condition precedent to payment to the

Contractor of the Retention Money.

125. 1

2

6

.

Unfulfilled

Obligations

Notwithstanding the issue of the Defects Liability Certificate the

Contractor and the Corporation shall remain liable for the fulfillment of

any obligation incurred under the pRovisions of the Contract prior to

the issue of the Defects Liability Certificate is issued and, for the

purposes of determining the nature and extent of any such obligation,

the Contract shall be deemed to remain in force between the parties to

the Contract. Notwithstanding the issue of the Defects Liability

Certificate the Contractor and the Corporation shall remain liable for the

fulfillment of any obligation incurred under the pRovisions of the



Contract prior to the issue of the Defects Liability Certificate is issued

and, for the purposes of determining the nature and extent of any such

obligation, the Contract shall be deemed to remain in force between the

parties to the Contract.

126 . 1

2

2

.

Refund of Security

Deposit The amount of security deposit lodged by a Contractor shall be refunded

along with the payment of the final bill, or after the expiry of the defect

liability period which ever is later unless the Engineer is of the opinion that

in order to safeguard against defects and pending claims against the

Contractor it is necessary to retain more amount retained as retention

money.



ANNEXURE ‘A’

(See Condition 24 of GCC)

Safety PRovisions

1. Suitable scaffolds shall be pRovided for workmen for all that cannot safely be done fRom the gRound,

or fRom solid construction except such short period work as can be done safely fRom ladders. When

a ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for

carrying materials as well, suitable footholds and handholds shall be pRovided on the ladder and the

ladder shall be given an inclination not steeper than ¼ to 1 ( ¼ horizontal and 1 vertical).

2. Scaffolding or staging more than 3.25 meters above the gRound or floor, swung or suspended fRom

an overhead support or erected with stationary support, shall have a guard rail pRoperly attached,

belted braced and other wise secured at least 1 meter high above the floor or platform of such

scaffolding or staging and extending along the entire length of the outside and ends thereof with only

such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be

so fastened as to prevent it fRom swaying fRom the building or structure.

3. Working platform, gangways, and stairways shall be so constructed that they do not sag unduly or

unequally, and if height of a platform or gangway or stairway is more than 3.25 meters above gRound

level or floor level, it shall be closely boarded, have adequate width and be suitably fenced as

described in 2 above.

4. Every opening in floor of a building or in a working platform shall be pRovided with suitable means

to prevent fall or persons or materials by pRoviding suitable fencing or railing with a minimum height

of 1 meter.

5. Safe means of access shall be pRovided to all working platforms and other working places. Every

ladder shall be securely fixed. No portable single ladder shall be over 9 meters in length. Width

between side rails in a rung ladder shall in no case be less than 30 cm for ladder upto and including 3

meters in length. For longer ladders this width shall be increased by at least 6 mm for each additional

30 cm of length. Uniform step spacing shall not exceed 30 cm.

Adequate precaution shall be taken to prevent danger fRom electrical equipment. No materials on any of

the sites shall be so stacked or places as to cause danger or inconvenience to any person or the public. The

Contractor shall pRovided all necessary fencing and lights to pRotect public fRom accidents and shall be

bound to bear expenses of defence of every suit, action or other pRoceeding at law that may be bRought

by any person for injury sustained owing to neglect of the above precautions and to pay any damages and

costs which may be awarded in any such suit, action or pRoceedings to any such person or which may

with the consent of the Contractor be paid to compRomise any claim by any such person.

Excavation and Trenching :- All trenches, 1.5 metres or more in depth , shall at all times be supplied with

at least one ladder for each 30 metres in length or fraction thereof, ladder shall be extended fRom bottom

of trench to at least 1 metre above surface of the gRound sides of a trench which is 1.5 meters or more in

depth shall be stepped back to give suitable slope, or securely held by timber bracing, so as to avoid the

danger of sides collapsing. Excavated material shall not be placed within 1.5 meters of edge of trench or

half or depth of trench, whichever is more. Cutting shall be done fRom top to bottom. Under no

circumstances shall undermining or under cutting be done.

7. Demolition : Before any demolition work is commenced and also during the pRocess of the work

(a) all Roads and open areas adjacent to the work site shall either be closed or suitably pRotected.

(b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus

used by operator shall remain electrically charged,



(c) All practical steps shall be taken to prevent danger to persons employed, fRom risk of fire or

explosion, or flooding. No floor, Roof or other part of a building shall be so overloaded with

debris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer shall be available for use

of persons employed on the site and maintained in a condition suitable for immediate use, and the

Contractor shall take adequate steps to ensure pRoper use of equipment by those concerned.

(a) Workers employed on mixing asphaltic materials, cement and lime mortars/concrete shall be

pRovided with pRotective footwear, handgloves and goggles.

(b) Those engaged in handling any material which is injurious to eyes shall be pRovided with

pRotective goggles.

(c) Those engaged in welding works shall be pRovided with welder’s pRotective eye-shields.

(d) Stone breakers shall be pRovided with pRotective goggles and pRotective clothing and seated at

sufficiently safe intervals.

(e) When workers are employed in sewers and manholes, which are in use, the Contractor shall

ensure that manhole covers are opened and manholes are ventilated at least for an hour before

workers are allowed to get into them. Manholes so opened shall be cordoned off with suitable

railing and pRoided with warning signals or boards to prevent accident to public.

(f) The Contractor shall not employ men below the age of 18 and women on the work of painting

with pRoducts containing lead in any form. Whenever men above the age of 18 are employed on

the work of lead painting the following precautions shall be taken;

(g) No paint containing lead or lead pRoducts shall be used except in the form of paste or ready made

paint.

(i) Suitable face masks shall be supplied for use by workers when paint is applied in the form of

spray or surface having lead paint dry rubbed and scrapped.

(ii) Overalls shall be supplied by the Contractor to workmen and adequate facilities shall be

pRovided to enable working painters to wash during and on cessation of work.

9. When work is done near any place where there is risk of dRowning, all necessary equipment shall be

pRovided and kept ready for use and all necessary steps taken for pRompt rescue of any person in danger

and adequate pRovision made for pRompt first aid treatment of all injuries likely to be sustained during

the course of the work.

10 Use of hoisting machines and tackle including their attachments, anchorage and supports shall

conform to the following :

(a) (i) These shall be of good mechanical construction, sound material and adequate strength and

free fRom patent defects and shall be kept in good repair and in good working order.

(ii) Every Rope used in hoisting or lowering materials or as a means of suspension shall be of

durable quality and adequate strength,and free fRom patent defects.

(b) Every crane driver or hoisting appliance operator shall be pRoperly qualified and no person under

the age of 21 years shall be incharge of any hoisting machine including any scaffold winch or give

signals to operator.



(c) In case of every hoisting machine and of every chain ring hook, shackle, swivel and pulley block

used in hoisting or lowering or as means of suspension, safe working load shall be ascertained by

adequate means. Every hoisting machine and all gear referred to above shall be plainly marked

with safe working load. In case of hoisting machine having a variable safe working load, each safe

working load and the conditions under which it is applicable shall be clearly indicated. No part of

any machine or of any gear referred to above in this paragraph shall be loaded beyond safe

working load except for the purpose of testing.

(d) In case of departmental machine, safe working load shall be notified by the Engineer, as regards

Contractor’s machine the Contractor shall notify safe working load of each machine to the

Engineer whenever he brings it to site of work and get it verified by the Engineer.

11. Motors, gearing, transmission, electric wiring and other dangeRous parts of hoisting appliances shall be

pRovided with efficient safeguards, hoisting appliances shall be pRovided with such means as will reduce

to the minimum risk of accidental descent of load, adequate precautions shall be taken to reduce to the

minimum risk of any part of a suspended load becoming accidentally displaced. When workers are

employed on electrical installations which are already energized, insulating mats, wearing apparel such as

gloves, sleeves and boots, as may be necessary, shall be pRovided. Workers shall not wear any rings,

watches and carry keys or other materials which are good conductors of electricity.

12. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in a safe

condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate

washing facilities shall be pRovided at or near places of work.

13. These safety pRovision shall be bRought to the notice of all concerned by display on a notice board at a

pRominent place at the work spot. Persons responsible for ensuring compliance with the Safety

PRovisions shall be named therein by the Contractor.

14. To ensure effective enforcement of the rules and regulations relating to safety precautions, arrangements

made by the Contractor shall be open to inspection by the Engineer or his representative and the inspecting

officers.

15. Notwithstanding the above pRovisions 1 to 14, the Contractor is not exempted fRom the operation of any

other Act or Rule in force.

16. Complete continuous barricading of G.I. sheet height 1.5 mtr., with the gRound clearance of 0.60 mtr.

fRom the gRound level and completely supported by M.S. angles (As per design & instructions by the

engineer ) must be pRovided. For works of concrete and asphalt Road, This should be maintained till

completion of work.



ANNEXURE ‘B’

(See Condition No. 27 of GCC)

DETAILS OF KEY PERSONNEL WITH TENDERER WHO ARE PROPOSED FOR THIS

CONTRACT

Sr No Description of

category

Name Qualification PRofessional

experience and

details of works

carried out

Since how

long in

service with

tenderer

Remarks

1. 2. 3. 4. 5. 6. 7.

SIGNATURE OF TENDERER:

DATE:-



ANNEXURE ‘C’

( . 100/- )

श /

, .

----------------------------------------

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, . ------------------------

----- / / 2009 ----------------------------------------------------------------------------

. श .

1.

. 2 .

2. 'श ' , श ,

3. .

4. श /

.

5.

.

6. /

.

. श .

3

. --------------------- . / /2017 .



:- . . ., , - 400 614.

:- / /20 .

1. : ( )

: ----------------------------------- : ---------------------

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2. : श

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. 1. : ----------------------------------- 1. : ---------------

2. : ----------------------------------- 2. : ---------------



ANNEXURE ‘D’

I N D E M N I T Y B O N D

ON STAMP PAPER OF VALUE OF RS. 100/-

In consideration of Navi Mumbai Muncipal Corporation incorporated under BPMC act 1949 and having its

office at Blapur Bhavan, 1st Floor, C.B.D. Belapur, Navi Mumbai-400614. (hereinafter referred to as the

Corporation, which expression, shall unless it be repugnant to the context or meaning thereof includes its

successors or assigns) having awarded to M/s.

___________________________________________________________

______________________________________________ a Partnership/PRoprietorship/Pvt. Ltd./Ltd. firm

carrying in such name and style the business of construction (hereinafter referred to as the Contractor which

expression shall, unless it be repugnant to the context or meaning thereof, includes its partners or

Partner/PRoprietor for the time being or its surviving Partner or his heirs and executors) for the work of

________________________________________________________________________________________

______________________________________________________________________________________at

an ______ percent above / below estimated cost of Rs. ________________________ and in compliance with

one of the terms and conditions of the said Contract.

We, M/s. _________________________________________________________________ being the

Contractor do hereby agree and undertake and indemnify and save harmless the Corporation in consequence of

the manufacturing defect, patent manufacturing defect and construction defect found in the constructed work

at any time in a defect liability period of _______ years with the grant of completion certificate by the

Corporation to the Contractor in accordance with and subject to the pRovision of the said contract.

It is hereby agreed and declared that the City Engineer of the Corporation or any officer acting as such City

Engineer of the Corporation shall be the Competent Authority to decide upon the question as to the defects in

the construction of works and the remedy to be applied by the Contractor for their rectification at his cost and

his decision shall be final, conclusive and binding upon both the Corporation and the Contractor, pRovided

that the City Engineer shall so decide after giving an opportunity to the Contractor to represent his case.

We hereby agree and undertake irrevocable and unconditionally to carry out duly each and very decision,

order, direction or instruction as may be issued by the said City Engineer or as the case may be, the officer of

the Corporation in his behalf and to rectify pRoperly and pRomptly the defect found by him.

FOR AND ON BEHALF OF M/S._____________________________________

__________________________________________________________________

Place :- __________________

Date :- __________________

S E A L

Notary, Maharashtra State BEFORE ME

Notary, Maharashtra State

Noted and Registered at _________________________________

Serial Number

_______________________________

For & on Behalf of Corporation.

Accepted By.



(4) CONDITIONS OF CONTRACT

FOR OPERATION & MANINTANANCE WORKS



PROFORMA OF AGREEMENT

AGREEMENT FOR…………………………………………............................……………………………….

Made at Navi Mumbai this ………………. day of ………………………………… the year Two Thousand

and Three between Navi Mumbai Municipal Corporation having its Registered office at Plot no.01,Sector-

15A, CBD Belapur, Navi Mumbai, (hereinafter called the Corporation) of the one part and

…………………………………………………………………………….. having its registered office at

…………………… (herein-after called the Operator) of the other part.

WHEREAS

The Corporation being desiRous of awarding the Operations and which the Contractor is desiRous of

executing, the details of which are mentioned, enumerated or referred to in the Tender Notice, Detailed Tender

Notice, Conditions of Contract and the Tender of the Operator, copies of all of which are hereto annexed.

AND WHEREAS

The Corporation has accepted the Tender of the Operator for the execution of the said Operations at

the rates stated in the Schedules and upon the terms and conditions here in after agreed to.

AND WHEREAS

The Operator has deposited with the Corporation a sum of Rs. (Rupees ……………………

…………… ………………………………………….. only) being the Initial Security Deposit payable by the

Operator and has undertaken to pay the balance amount of the Security Deposit by allowing the Corporation to

deduct the same fRom the amounts payable to the Operator and to be retained by the Corporation until the

completion of the said Contract.

NOW THIS AGREEMENT WITNESS AND IT IS HEREBY AGREED BY AND BETWEEN

THE PARTIES AS FOLLOWS.



A. Definitions

1. Documents

“Acceptance letter” means the document fRom the corporation addressed to the operator indicating

acceptance of the contrast Price and it acceptance of the Operator as the preferred Party to carry out

the Operations under this contract.

“Contract” means this Contract between the Corporation and the Operator, including the Conditions

and Appendices; the Acceptance Letter. And any other documents expressly included specifically

therein.

“Operator’s Bid” is the completed Tendering document submitted by the Operator to the

corporation. The term ‘Operator’s Tender” and “Tender” have been used synonymously.

2. Persons

“Authority” means any agency’ legislative judicial or executive authority’ department’ ministry’

public or statutory person. Whether autonomous or not of the Government of India or Government

Maharashtra or any Local Authority including the Corporation or any other sub-division or

instrumentality of any thereof.

“Competent Authority” is the Person or Persons appointer by the Corporation and notified to the

Operator’ who shall be responsible for supervising the Operator’ administering the Contract’

certifying payments due to the Operator, and awarding extensions of time. The Corporation may also

appoint any Person or Persons to assist the Competent Authority and pRovide pRoject management

Operations for this Contract. Any Persons appointed by the Corporation to carry out the

responsibilities of the Competent Authority and assist it, shall be termed as the “Competent

Authority’s Representative”.

“Corporation” means Navi Mumbai Municipal Corporation as incorporated under the Bombay

PRovincial Municipal Corporations Act, 1949.

“Customer” means the citizen of Navi Municipal Corporation and the industrial units and other

customers within the Service Area receiving Service by means of the operations of the Facilities and

\or system.

“Municipal Commissioner” shall mean the Municipal Corporation of Navi Mumbai Municipal

Corporation, for the time being holding that office and also its successor and shall include any

officer authorized by it. The Municipal Commissioner shall, subject to the pRovisions of relevant

sections of relevant sections of the Acts applicable act as the Corporation’s representative for the

purposes of this Contract.

“Operator” means X Ltd. & Y Ltd., acting jointly and severally, and its legal successors in title, but

not (except with the consent of the Corporation) any assignee, whose Tender to carry out the

Operations has been accepted by the Corporation. The term “Operator” in this document has been

used synonymously with the term “Tenderer” in the Detailed Tender Notice and shall mean the

preferred Party to carry out the Operations under this contract.

“Party” means either the Corporation or the Operator. one of the parties to this Contract, and

“Parties” means both the parties to this Contract.

“Person” means any natural person, firm, corporation company, voluntary association, partnership,

joint venture. Trust, incorporated organization, unincorporated organization, Authority or other

entity having legal capacity to sue and be sued in its name.

“Subcontractor” means any Person named in this Contract as a subcontractor, manufacturer or

supplier for a part of the Operations or any Person to whom a part of the Operations has been

subcontracted in accordance with this Contract, and the legal successors in title to such Person, but

does not include any assignee of such Person.



“Successor Operator” means the Corporation and any Person appointed by the Corporation to

become the Operator of the Facilities and\or System following the Termination Date or Completion

Date as the case may be.

3. Dates, Time and Periods

“Completion Date” is the date of completion of the Operations and as certified by the Competent

Authority.

“Contract Period”, means the tenure of the Contract, upon completion of which this Contract

terminates. The tenure is said to have commenced fRom the Commencement Date and terminates on

the Completion Date or the Termination Date, as applicable.

“Operating Year” means each successive period, the first such period commencing on the date on

which the operations periods commences and ending three hundred and sixty-five (365)days later,

and each subsequent period commencing on the expiration of the previous period and ending at the

end of the duration mentioned above.

“Termination Date” means the date on which the Contract is terminated by way of defaults of

either the Corporation or the Operator, or as a result of a Force Majeure event, or as indicated in

these Conditions of Contract.

4. Money and Payments

“Contract Price” is the payment made by the Corporation, to the Operator, for the Operations

carried out and is as specified in the Acceptance Letter.

“Security Deposit” means the deposit pRovided by the Operator, as a performance guarantee under

to Contract.

“Tax” means the Indian Tax, duty, levy, and charge whatsoever charged, imposed or levied by

Central. State or Local Governments or any Authority together with any interest and penalties in

relation thereto.

5. Other Definitions

“Additional ImpRovement Works” means the impRovement works identified by the Operator,

thirty (30) days after the Commencement Date on carrying out a detailed physical inspection of the

System, towards impRoving the performance of the Facilities and\or System.

“Appendices” means the appendices to this Contract, detailing out asset information, maps and

drawings. Performance standards, records, reports and Operator staff requirement.

“Facilities: means all utilities and structures constructed within the Service Area and responsible for

service delivery, and utilities such as electrical and water supply lines, and all other appurtenances

and meters, etc., complete and “Facility” means any one of them.

“Good Operating Practices” means the standards, practices, methods and pRocedures as practiced

in India and conforming to all technical requirements, law, directive clearances and the

requirements of any Authority and that degree of skill, diligence prudence and foresight which

would reasonably be expected fRom a skilled, prudent and experienced Operator, engaged in the

same type of undertaking under the same or similar cerium stances as the Operator pursuant to this

Contract.

“Corrupt Practice” means the offering giving receiving or soliciting of anything of value to



influence the action of a public official in the pRocurement pRocess or in contract execution.

“Fraudulent Practice” means a misrepresentation of facts in order to influence a pRocurement

pRocess or the execution of a contrast to the detriment corporation. And includes collusive practice

among Tenderers (prior to or after Tender submission) designed to establish Contract Prices at

artificial non-competitive levels and to deprive the Corporation of the benefits of free and open

competition.

“GRoss Misconduct” means any reckless breach or disregard of the pRovisions of this Contract by

the Operator.

“ImpRovement Works” means the works identified by the Operator, after carrying due a due

diligence of the Facilities and\or System at the Tender stage and towards impRoving the

performance of the Facilities and or System.

“Law” includes any constitutional pRovision, statutes, laws, decrees, ordinance, subo0rdinate

legislation, orders, rules or regulations having the force of law and rules of civil and common law

and equity.

“Operations” means the operation and maintenance of the Facilities and\or System including

manning, operating, inspection, repair and other operations required for fulfilling the Operator

obligations under the Contract.

“Service Area” means in relation to Operations under this Contract the area covered by the existing

Facilities and\or System and as indicated in the Appendices to the Contract.

“Site” means the land, spaces; waterways Roads, water wells and any surface or sub-surface on or

under which the Facilities and\or System are to be operated and maintained identified in accordance

with this Contract.

“System” means the network and access arrangements within the Service Area responsible for

service delivery.

“Works” means the new capital woks, major maintenance or repair, refurbishment and

replacement, taken up by the Corporation.

“WPI” means the Wholesale Price Index of India notified fRom time to time or in the event of such

index, no longer being available or being withdrawn, then any appRopriate successor or alternate

index.

B. Representation and Warranty

6 Representations and Warranties of Parties

6.1 Each Party hereto represents and warrants that:

(a) It has full power and authority to execute. Deliver and perform this Contract and to carry out the

transactions contemplated herein under Applicable Law and thebe laws of the jurisdiction of its

incorporation:

(b) It has taken all necessary action to authorize the execution, delivery and performance of this

Contract;

(c) This Contract constitutes its legal, valid and binding obligation, enforceable against it in accordance



with the terms hereof;

(d) Its representations shall stand true and valid for the terms of this Contract, including extension

thereof, and it shall have an obligation to disclose to the other Party as and when any of it

representations ceases to by true and valid: and

(e) It is subject to civil and commercial law with respect to this Contract and it hereby expressly and

irrevocably waives any sovereign immunity in any jurisdiction.

7. Additional Representations of Operator

7.1 The Operator represents and warrants for the term of this Contract that;

(a) It is duly organized validly existing and in good standing under the laws of the jurisdiction of its

incorporation;

(b) It has the requisite executing experience expertise and skills to manage, operate and maintain the

Facilities and\or Systems and carry out the Operations under this Contract, and

(c) Prior to executing this Contract, the Operator has conducted a due diligence audit to its satisfaction

in respect of the Corporation, contractual structure for carrying out the Operations, condition of the

Facilities and\or Systems, Applicable Laws and clearances and all matters related to this related to

this Contract, The Operator is entering into this Contrast on the basis of its own satisfaction based

on its due diligence audit.

C. Interpretation and Contract Structure

8. Interpretation and Law

8.1 In interpreting this Contract, singular also means plural, male also means female or neuter, and the

other way aRound Leadings have no significance, Words have their normal meaning under the

language of the Contract unless specifically defined. The competent Authority will pRovide

instructions clarifying quarries about and part of this Contract:

8.2 The language of this Contract Document is English and the law, which applies to this Contract, shall

be the Law of the Republic of India.

9. Contract Structure

9.1 Both Parties recognize that this Contract contains the entire Contract between the Parties with

respect to subject matter hereof and expressly excludes any warranty, condition or other undertaking

implied at law or by custom and supersedes all pRoviso is Contracts and understandings between

the parties with respect thereto and each of the Parties acknowledges and confirms that it5 does not

enter into this Contract in reliance on any representation, warranty or other undertaking not fully

reflected in the terms of this Contract.

9.2 The documents forming the Contract shall be interpreted in the following order of priority;

(a) This Contract Agreement, Conditions and Appendices;

(b) Acceptance Letter

(c) The Detailed Tender Notice;



(d) Minutes of pre-bid meetings and amendments; and

(e) Operator’s Bid.

9.3 If any pRovision or part of this Contract be declared invalid, unenforceable or illegal by the court of

any juru9isdietion to which it is subject such invalidity, unenforceability or illegality shall not

prejudice or affect the remaining pRovisions or parts of this Contract which shall continue in full

force and effect, notwithstanding such invalidity, unenforceability or illegality.

9.4 If either Party bRoacher or defaults on any part for this Contract, such default of one part shall be

treated as defaults of all other parts of this contract. The Party in breach or default would also be

liable for the carry-over default of other parts of this Contract, including the forfeiture of Security

Deposit thereof.

10. Communications

10.1 Communications between Parties, which are referred to in the conditions are effective only when in

writing. A notice shall effective only when it is delivered (in terms of Indian Contract Act).

10.2 Subject to as otherwise pRovided in this Contract all notices sot be issued ken behalf of the

Corporation and all other actins to be taken on its behalf may be given or taken by the Competent

Authority or any representative tore the time being entrusted with the functions, duties and powers

for the Competent Authority.

10.3 All instructions, notices, communications, etc. under the Contract shall be given in wolfing and

shall be either in Marathi or English. If sent by registered post to the last known place or abode or

business of the Operator shall be deemed to have been served on the date when in the ordinary

course of post these would have even served on or delivered to it.

D. Commencement of Operations

11. Contract period

11.1 The Operator shall commence Operation fRom the Commencement Date and shall arrange for all

mobilization Operations within Fifteen (15) days of the commencement Date.

11.2 The Operator shall commence Operation fRom the Commencement Date and extend for a period of

three years. The Corporation and the Operator shall review, at the end of each Operating Years, the

pRogress of the Contract and consider continuation thRough the subsequent Operating year.

11.3 Contract Continuation :- The Corporation along with the Competent Authority shall review the

pRogress and status of the Contract Thirty (30) days prior to completion of an Operating year. In

the event that a decision is taken to discontinue Operations of the Operator under this Contract the

Corporation shall indicate the same to the Operator, thRough a written communication, within

Fifteen (15) days of such decision having been made. Alternatively, if the Operator wishes to

discontinue its Operations, it shall pRovide a minimum of Ninety (90) days notice requesting for

such discontinuation.

11.4 Not withstanding anything mentioned in CC Section 11.2 or 11.3 the Operator shall continue to

pRovide Operations till the appointment of a Successor Operator.

11.5 In the event that the parties agree to continue with the current Contract, all Conditions of Contract

shall be followed as laid out in this Contract Document, and adjustments to Contract price and

resetting of incentives/penalties base, benchmark and value shall be affected appropriately.



12. Price adjustments: Clause Not used

13. Handing Over of Assets.

13.1 The Operator shall take full responsibility for the care of the assets and materials and plant for

incorporation therein fRom the Commencement date until the Completion date or Termination Date

for the whole of the Operations. When the responsibility for the said care shall pass to the

Corporation. The Operator shall also take full responsibility for the care of all such assets that have

been created during the Contract period either by itself or thRough the Corporation. Operator shall

maintain security personnel for the safety of facility Round the clock.

13.2 The Site is being vested with the Operator, on as –is-where-is basis, with all utilities, structure,

fences boundaries, horticulture etc. but the title of the land shall always vest with the Corporation.

The Operator shall have no rights to mortgage, transfer, assign or otherwise encumber the site or

works and any or all of its rights and interest in relation thereto or to otherwise create a security

interest in favour of any persons.

14. Improvement Works to be carried out

14.1 The Corporation shall at its discretion, instructs the Operator to carry out all improvement works or

part of the improvement works indicated in the Tender, at any time during the contract period. The

Corporation shall enter into a separate contract for the identified improvement works. Now with

standing anything indicated above, the Corporation may carry out the side improvement works

departmentally, or through an alternate operator.

14.2 The operator shall, within Thirty (30) days from the commencement date conduct a physical

inspection of the Facilities and System and provide the Corporation with a reasonable estimate of

Additional improvement works to be carried out not identified in the Tender and constituting part of

the works price. The estimates shall be based on prevailing SORs. The value of the Additional

improvement works identified shall not exceed ten percent of the works price indicated at the time of

Tender submission.

14.3 The Corporation shall at its discretion, determine the nature in which the aforesaid Additional

improvement works are to be carried out and shall take all such measures to complete the said

Additional improvement works in time so as to not affect the Operations. The Corporation may

provide the Operator the right to carry out the said Additional improvement works on a first referral

basis, failing which the Corporation may carry out the said Additional improvement works through

an alternative operator or departmentally.

14.4 Deleted

E. Scope of work

15. Operations

15.1 The Operator shall carry out all Facility operation and sewage treatment operation indicated below,

in accordance with Good Operating Practices, as set out in this Contract. The Facility operation and

sewage treatment operation shall include, but not be limited to the following.

a) Sewage Treatment plant :

1) Operator shall maintain the operation and maintenance as given in DETAILED SCOPE OF

WORK attached in tender.

2) Operating Sewage Treatment Plant to maintain the quality of treated sewage within the

standards prescribed mention in tender.



3) Carrying out cleaning of grit channels and screens removal and disposal of floating matter

and removal of dried sludge and transfer to disposal point.

4) Carrying out continuous flow measurement of treated sewage and recording the same online.

5) Collecting samples of influent and effluent and analyzing them daily to determine the quality

of sewage and performance of the treatment using existing laboratory.

6) Carrying out preventive, routine & breakdown maintenance operations as indicated in

Appendix 1.

7) Providing security for facilities and system at all times.

8) Providing diesel generator including fuel and operator for round a clock duty in rainy

season from 1st June to 30th September or up to end of rainy season whichever is later at

Sewage treatment plant at sector 14 koperkhairane & Sector 18 Airoli of following capacity.

i) Koperkhairane STP ( Pump House) - 1000 KVA Capacity

ii) Airoli STP ( Pump House) - 1000 KVA Capacity

b) Contingency plan : Development and implementing contingency plant in respect of responses to

natural disasters, period of power failure, storm water inflow into sewers during monsoon, de-silting

of lagoons, fails to operate electromechanical equipments such as pumps, motors, blowers starters

etc or it is in non working condition which leads to overflow or blockage of sewerage distribution

system and other units of treatment plants constraint operations or other similar emergencies to

maintain the quality of treated sewage.

15.2 DELETED

15.3 Service 1-Energy Audit

15.3.

1

The Operator shall take all necessary measures to minimize the power consumption in carrying out

its Operations. The energy audit Operations shall include, but not be limited to the following:

(a) Reducing electricity consumption by regulating pumping, through suitable modifications to the

operating schedules;

(b) Maintaining power factor and demand to avoid penalty;

(c) Repairing / Replacing old and worn out pipes; and

Blowers & compressors-

Minimizing energy use may be accomplished by:

Closing the valve on the inlet side if a centrifugal blower must be throttled.

• Monitoring pressure and cleaning filters regularly.

• Operating centrifugal blowers at more than 50% of their rated capacity.

• Monitoring daily loads with watt-hour meters.

• Maintaining blower operation within manufacturer’s recommended speeds.

15.3.

2

Deleted

15.4 Service 2-Repairs and Maintenance

15.4.

1

The Operator shall carry out preventive, routine maintenance and break down maintenance

Operations as indicated in Appendix 1, and in accordance Operating Practices. The following items

shall be included in such maintenance;

(a) Deleted.

(b)

Wet well & Pumping Station

De-silting of wet well at least once a year and disposing silt;

Replacing damaged pipes, fittings and valves.

Replacing damaged bearing, mechanical seal, o ring, gaskets.

Repairing and replacing pump impellers, body, shafts, column pipes;

Repair or Replacing of guide pipe, coupling, duck foot bend.

Repairing or replacing of soft starters, ATS starters, circuit breakers capacitors;



Replacing damaged lightning conductor ,push buttons , switchgears, MCCB, ACBs,

Replacing ladders

Waterproofing of leaking roof and painting of structure with two coat of paint.

Repairing of overhead crane.

Repairing and replacing of level sensors & flow meters,

Repairing and replacing of coarse screens, hydraulic arrangements, power pack, motors bearing,

jaw mechanism for screens,

Repairing and replacing of screw conveyors, motor, etc.

Repairing of manual & motor operated (actuator type) inlet gates for wet well and for bypass

arrangement.

(c) Primary Unit & Detritor Mechanism:

Desalting of grit in grit mechanism unit at least once in a month

Repairing of mechanical screens, rack arrangement, hydraulic arrangement.

Repairing of manual gates.

Repairing or replacing of detritor mechanism, gear box, rack arrangement, motors etc

Repairing or replacing of screw conveyors motor, etc.

Repairing and replacing of Hydrostatic level sensors.

Repairing and replacing of grit wash pumps motors etc.

Repairing of structure for Detritor and water proofing the same.

d)

e)

f)

C Tech Basin & Blower Room

Repairing and replacing damaged pipes, blower pipe line, RAS & SAS pipe lines, fittings and valves

for above pipe line;

Repairing and replacing pump impellers, body, bearing, shafts, column pipes for RAS &

SAS pumps

Repairing and replacing of cable trays, damaged cables, push buttons etc

Repairing or replacing of C Tech basin gates.

Repairing or replacing of level transmitters, sensors, ultrasonic flowers meters float switch, DO

sensors and other instruments used for automation system.

Repairing or replacing of SS or GI railing, roof sheets for C tech walkway.

Repairing of blowers and motors

Repairing or replacing of soft starters, VFDs, circuit breakers capacitors for pumps & blowers.

Repairing or replacing of blowers accessories such as filters, inlet and exhaust silencers, acoustic

hoods, pressures gauges, damage pipes and fitting NRVs.

Servicing of raw sewage pumps, RAS/SAS pumps at least once in a year.

Sludge sump & Sludge House

Repairing or replacing of centrifuge decanters, feed pumps, poly dosing pumps, agitators, its motors

starters valves, fittings, shafts, starters etc.

Replacing damaged lightning conductor, push buttons, switchgears, MCCB, ACBs etc for control

panel of above unit.

De-silting and entire cleaning of sludge sump every 3 months intervals and disposing silt;

Repairing or replacing of level sensors for sludge sump.

Chlorination Unit & Chlorine Contact Tank

Repairing or replacing of chlorination unit.

Repairing or replacing of safety equipments, breather apparatus for chlorination system.



g)

Repairing or replacing of chlorine toners.

Repairing or replacing of booster pumps

Repairing or replacing of air blower for caustic solution

Repairing or replacing of motors, shafts, pipes, bearing for above pumps

Weekly Cleaning of chlorine contact tank.

Monthly Cleaning of Caustic solution tank.

Transformers & HT Substation

Repairing of transformer, oil filtration, breathers, silica gels etc.

Repairing or replacing of breakers, capacitors, indicating lamps, push buttons, ACBs, MCCBs,

Repairing or replacing of RMU, CT/PT and metering unit, Main Lighting Panel, Street lighting

Panels, LDB’s for diff areas, Earthing Grid, Street Lighting, Plant Lighting, Office Lighting.

Servicing of main breakers, bus couplers etc. at least once in a year.

Servicing of all earthling arrangement, earth pit, lighting system at least once in a year.

h)

i)

PLC SCADA / Automation System

Repairing or replacing of PLC SCADA system, computers, printers etc

Up gradation of license used for SCADA system, computers system, its antivirus etc for smooth

running of system.

Wind Solar Hybrid System

Repairing or replacing of guide rails for wind turbine towers,

Repairing or replacing of wind turbine damaged blades, hub, tower

Repairing or replacing of batteries.

Repairing or replacing of charge controllers of wind & solar system

Repairing or replacing of energy meters, control wiring, inverters etc

15.5 Deleted

15.6 Service 3-Advice

15.6.1 Early Warning: The Operator is to warn the Competent Authority at the earliest opportunity or

specific likely future events or circumstances that may adversely affect the Operations or the

condition of the Facilities and\or System. The Operator shall cooperate with the Competent

Authority in making and considering proposals for how the effect of such an event or circumstance

can be avoided or reduced and in carrying out any resulting instruction to the Competent Authority.

15.6.2 The Operator shall also advice the Corporation, form time to time, on improving the quality of

Operations, reduction in water\ energy losses.

16. Extra Work:

16.1 The Operator shall carry out all extra work indicated below, in accordance with Good Operating

Practices, as set out in this contract. Notwithstanding extra work resulting in increased Operations

resulting out of Force Majuro events or other than those listed in CC Section 15.4 shall include, but

not be limited to the following.

(a) Extension\modifications to the sewerage network ;

(b) Improvement to civil structures; and

(c) Any other work not covered under the Service, enumerated above

16.2 The Corporation shall reimburse the aforesaid extra work based on the prevailing schedule of rates



(the lowest rate for an item featuring the PWD\MJP\MSEB SOR) or the actual cost of procurement

by the Operator, whichever is lower. The Corporation reserves the right to either procure those

items of stores or fix a rate contract against which the Operator can procure such stores. However,

if the extra work does not feature in the schedule of rates, the value item and work shall be mutually

agreed between the Corporation and Operator.

17. Deleted

18. Reporting

18.1 The Operator shall utilize the office space, provided by the Corporation to establish kit’s

monitoring and reporting office along with computer and peripherals. It shall also obtain a

telephone connection and maintain the same through the Contract Period. All data transfers and

updates made to the Corporation shall be affected through the said telecommunication medium.

18.2 The Operator shall carry out all reporting (Appendix 2-Reporting ) indicated below and as set out

in the Appendices to this Corporation shall be affected through the shall include but not be limited

to, the following;

a) Attachment 1: Daily summary of Operation at pumping Station – A daily report providing

information at pumping station on the hours of pumping, quantity of sewage pumped and energy

consumed during the day.

b) Attachment 2: Daily summary of Operator at Sewage Treatment Plant - A daily report of

operation of Major equipment at the sewage treatment plant providing information on the quantity

of sewage treated, hours of equipments, energy consumed and use of chemicals.

c)

Attachment 3: Sewage Quality Monitoring – A daily report monitoring the quality of raw and

treated sewage through the analysis of samples.

d) Attachment 4 : Sewage Quality Monitoring at Sewage Treatment Plant

e) Attachment 5: Desilting Operating Schedules.

F. Responsibilities

19. Corporation’s Responsibilities

19.1 The Corporation shall be responsible for procuring, obtaining and maintaining Corporation

Clearances. Provided however that the Operator shall be responsible for maintaining the

conditionality of any such clearance, if such maintenance falls within the purview of the Operator.

19.2 The Competent Authority shall supervise the Operator’s Operations at all times and notify the

Operator of any defects that are found. Such checking shall not affect the Operator’s

responsibilities. The Competent Authority may instruct the Operator to search for a defect If the

Operator has not corrected a defect within the time specified in the Competent Authority’s notice, it

shall proceed as per CC Section 33. However, any such tests not specified in the Operations shall

be carried out as indicated in CC Section 16.

19.3 The Corporation shall be responsible for.

a) Energy charges.

b) Maintaining administrative control over the personnel Facilities and System.

20. Operator’s Responsibilities

20.1 The Operator shall maintain properly and keep intact all assets/works/Facilities/Systems of the

Corporation throughout the Contract period and shall hand over the same in good working

condition at the end of the Contract. The Operator shall not modify or alter any operations

regarding the Facilities and / or System without prior written permission of the Competent

Authority or it’s Representative.

20.2 The Operator shall pRocure all spare parts required for the maintenance of equipment, excluding

those to be supplied by the Corporation. The Operator shall warrant to the effect that all the spares



shall be pRocured fRom the authorized sources and be of the best quality and fit for purpose for

which it is being used.

20.3 The Operator is expected to carry out the work in such a manner as not be cause any damage to

public pRoperty on account of negligence or otherwise. The Operator shall be fully responsible for

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

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

the Operator and it shall be responsible for making good any loss or damage there to arising fRom

any cause whatever including that due to theft or robbery.

20.5 The Operator shall pRovide adequate engineering equipment, maintenance staff, inventories, plant

and machinery and all other things, whether of a temporary or permanent nature required for

carrying out Operations under the Contract.

20.6 The Operator shall carry out its Operations, so far as compliance with the requirement of the

Contract permits, so as not interfere unnecessarily or impRoperly with.

a) The convenience of the public or

b) The access to, use and occupation of Public or private Roads and footpaths to or of

pRoperties.

20.7 Permissions: The Operator shall obtain all required permission. Sanctions. Clearances and permits

for carrying out its Operations, including Operator Clearance, and shall be fully responsible for

carrying out the Operations in a safe and secure manner, consistent with the law of the land, laws

and regulations regarding such Facilities and/ or System, and directives of any Authority and

planning permissions.

20.8 Safety :- The Operator shall be responsible for the safety of all activities on the Site and shall be

absolutely for any and all kinds of injuries or damages to person and pRoperty of any description

whatever may be caused by or result from the Operations carried out, whether may have been

carried out skillfully and carefully and strictly in conformity with the provisions of the

specifications or not.

20.9 Discoveries : All fossils, coins, articles of value or antiquity and structures and other remains for

things of geological or archaeological interest discovered on the Site shall, as between the

Corporation and the Operator ,be deemed to the absolute property of the Corporation. The

Operator shall take reasonable precautions to prevent its workmen or any other persons from

removing or damaging any such article or thing and shall, immediately upon discovery thereof and

before removal, acquaint the Competent Authority of such discovery and carry out the Competent

Authority`s instructions for dealing with the Same.

20.10 The Operator shall be responsible for payment of reinstatement charges for roads, footpaths, and

land as per Corporation’s rates.

20.11 The Operator shall be take full responsibility for the adequacy, stability and safety of all site

operations. Provided that the operator shall not be responsible (except as stated hereunder or as

may be otherwise agreed) for

a) Electrical power failure during pumping house.

b) Occurrence of breakdown in the network; and

c) Customer problems within their private properties.



G. Staff and Labour

21. Engagement of Staff and Labour

21.1 The Operator shall employ skilled. Semi-skilled and unskilled labour in sufficient numbers to

carry out its Operations at the required rates of pRogress and of quality to ensure workmanship of

the degree specified in the Contract for timely fulfilling of the Operator’s obligations under the

Contract and to the satisfaction of the Competent Authority. A tentative requirement of such staff

is indicated in Appendix 3 – Operator staff Requirement.

21.2 The Operator shall not employ in connection with the Operations any child who has not

completed his/her fifteen year of age. It shall also not employ an adolescent who has not

completed his/her is eighteenth year unless he/she is certified fit for carrying out Operations as an

adult as prescribed under clause (b) of sub-section (2) of Section 69 of the Factories Act. 1948.

22. Operator’s Superintendence

22.1 The Operator shall provide all necessary superintendence while carrying out its Operations and

as long thereafter as the Competent Authority may consider necessary for the proper fulfilling of

the Operator’s obligation under the Contract. The Operator shall nominate a competent and

authorized representative (“Operator’s Representative) approved of by the Competent Authority,

which approval may at any time be withdrawn. The Operators Representative shall give its whole

time to the superintendence of the Operations. The Operator’s Representative shall receive, on

behalf of the Operator, instructions from the Competent Authority, Which shall be deemed

received by the Operator.

22.2 If the Competent Authority withdraws approval of the representative the Operator shall remove

the representative from the Operations within Twenty Eight (28) days, and replace him by another

representative approved by the Competent Authority.

H. Contract Performance

23. Review and Progress

23.1 Management Meetings: - Either the Competent Authority or the Operator may required the other

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

plans for remaining Operations and to deal with matters raised in accordance with any advice.

The Competent Authority shall record the business of management meetings and is to provide

copies of its record to those attending the meeting and to the Corporation. The responsibility of

the Parties for actions to be taken is to be decided by the Competent Authority either at the

management meeting or after the management meeting and stated in writing to all who attended

the meeting.

23.2 The Competent Authority may instruct the Operator to rectify defects and deficiency in its

Operations. Alternatively, the Corporation shall carry out the Operations on its own and deduct

the amount incurred in attending to such defaults from the next payment due to the Operator. The

deduction of such damages shall not relieve the Operator from its obligation to carry out the

Operations, or form any other of its obligation and liabilities under the Contract.

23.3 Not with standing anything stated above, if the Corporation is of the Opinion that the actions of

the Operator is deemed as an event of default of Service and the event persists beyond One (1)

day, the Corporation shall be entitled to invoke the Security Deposit and carry out the Operations

through a Successor Operator or departmentally. The Corporation shall then proceed as per CC

Section 33.

24. DELETED



25. Liquidated Damages and Penalties

25.1 The basis for applying penalties is to restrict Operator from deviating from disposing all

raw/treated waste water efficiently from the service area – as per fixed schedule and with MPCB

treated waste water norms for discharge in surface water bodies.

25.2 The Operator is also expected to carry out the instructions of the Competent Authority or its

representative, from time to time maintain the System in accordance with Good Operating

Practices, attend to Customer complaints promptly provide new connections to Customers.

Refrain from offering Operations without due authorization where so required, and follow other

requirements under this Contract.

25.3 The Operator shall be subject to the following liquidated damages and penalties for its failure to

carry out its Operations as indicated in CC Section 25.2

Basis of Penalty Penalty Benchmark Penalty Value

Failure to maintain parameters of treated

sewage as mentioned in the tender.

Up to 2 Occurrences/month Nil

2 to 5 Occurrences/month Rs. 5000/- per

occurrence.

5 to 10 Occurrences/month Rs. 20,000/-

per

occurrence.

Above 10 Occurrences/month Termination

Inadequate maintenance of Facilities, Pumping

machinery ,Mechanical & Electric Equipments

etc.

For each cash detected. 1500/- per day

Inappropriate desilting of sewers and clearing

of silt within plant premises

Per Occurrence

Rs. 1,500/- per

Occurrence/Da

y

Inappropriate clearance of blockage or non-

attendance to complaints of blockage in sewers

within plant premises.

Per Occurrence

Non-replacement of damaged and missing

manhole covers or frames.

Per Occurrence

Inadequate contingency plan within plant

premises.

For each case submitted.

Delay in recording wet well levels; energy meter

reading, power failure time or diesel

consumption.

Per Occurrence/Day

Rs, 1,500/- per

occurrence/Da

y

Duty staff not wearing uniform or it being dirty. Per Occurrence/Day

Non – attendance of Customer complaints in

time or adequately.

Per Occurrence/Day

Security Personnel not provided. Per Occurrence

Non repairing of Electric Motors, Pumps

blowers, or other electro-mechanical equipments

within 30 days of down time ( as equipments are

send to Manufacturer/ Manufacturer’s

authorized representative for repairing ) ,then

after 30 days of down time then for each day.

Per Occurrence/Day Rs. 2000/- per

occurrence/Da

y

Non availability of MPCB records

Per Occurrence Rs. 2000/- per

Day

Non availability of adequate staff.

Per person/Day Rs. 1000/- per

Day

Non operating of PLC SCADA system


Day



Delay in recording of chlorine doses or not using

of chlorination unit


Day

Non operation of sludge sump & sludge unit

non availability of disposal vehicles, centrifuge

being not operated and not removing of sludge

or bypass of sludge.

Per Occurrence Rs. 2000/- per

Day

Non availability of safety equipments Per Occurrence./Day Rs. 2000/- per

Day

Basis of Penalty Penalty Benchmark Penalty Value

Development and implementing contingency

plant in respect of responses to natural disasters,

period of power failure, storm water inflow into

sewers during monsoon, de-silting of wet well,

fails to operate electromechanical equipments

such as pumps, motors, blowers starters etc or it

is in non working condition which leads to

overflow or blockage of sewerage distribution

system and other units of treatment plants

constraint operations or other similar

emergencies to maintain the quality of treated

sewage.

Per Occurrence/Day

Rs. 5000/- per

Day

Power Factor Penalty /Excess demand charges If P.F. penalty or excess demand

charges are applied in energy

charges or in MSEB bill then same

will be deducted from contractor bill.

26. Method of Affecting Penalties.

26.1 Items warranting penalties will be checked every two months this shall coincide with the billing

cycle for Customers. The penalties shall be netted before any payments/deductions are made. The

penalties shall be calculated on a cumulative basis during an Operating year.

26.2 In so far as the penalties are concerned the Competent Authority shall notify the Operator when in

its opinion such defaults have occurred. The notification shall instruct the operator to present its

case indicating the reasons for not attracting such penalties. If the Competent Authority is of the

opinion that the cause of default is not by way of Operator`s action it shall drop such defaults and

proceed with the final determination of incentives and penalties payable/recoverable from the

Operator.

26.3 In the event that the net accrued penalty at any time of the Operating Year is greater than Ten

percent of the Contract Price for the concerned Operating Year, the Corporation shall review

whether the Contract needs to be continued with the Operator and may consider to proceed as per

CC Section 33.

26.4 DELETED

I Contract Price and Payment

27. Contract Price

27.1 The Operator shall be paid the Contract Price every month. The contract price shall cover all

expenditure on staff, establishment, maintenance and repairs, spares and consumables, and any

other expenses excluding expenses incurred on power and diesel for generator.

27.2 The Contract price shall include all customs duties import duties, excise duties, business taxes,

income and other taxes that may be levied in accordance to the laws and regulation in-force on

the Operator’s equipment, materials supplies (Permanent, temporary and consumables) to be

used on or furnished under the Contract and on the Operations to be performed under the

Contract. Nothing in the Contract shall relieve the Operator from its responsibility to pay any



tax that may be levied on its Operations or on profits made by it in respect of the Contract.

27.3 The Operator shall pay Indian income Tax on all payment made to it under the Contract, other

than reimbursements made to it by the Corporation to cover payment by Operator of minor

custom duties, etc., or any other payment, which the Operator may make on the Corporation’s

behalf. Under the provisions of Section 194-C of the Indian Income Tax Ace the Corporation is

required to deduct Tax with surcharge at source at prevailing rates from the gross amount of

each bill submitted. The Operator shall perform such duties in regard to such deductions thereof

as may be imposed on it by such law and regulations.

27.4 The Operator shall pay all the Taxes directly to respective organizations and to the Government

of India. The Corporation shall not take any responsibility for any kind of Tax payment to the

Government or quasi-Government bodied at any point of time, other than those specified under

CC Section27.4.

27.5 All charges pm account of octopi, cases, terminal or sales tax and other duties on material

obtained for the Operations from any source including the tax applicable as per Maharashtra

Sales Tax Ace on the transfer of property in the goods involved in the execution of the

Operations, etc. shall be borne by the Operator. Under the provisions of the Maharashtra Sales

Act the Corporation is required t6o deduct turnover tax at source at the rates prevailing at the

time of payment.

27.6 The Operator shall submit form-31 or such other forms as are prescribed milder the said Act,

indicated in CC Section 27.5 above, which is required to be produced by the principal employer

in the events of any notice by the Sales Tax Department within one month of issue of

Acceptance Letter.

27.7 The Operator is required to produce its registration for contract sales tax\turnover tax to the

Corporation before receiving the first payment for the Operations executed by it, failing, which,

no payment shall be made.

28. Procedures for Payment

28.1 The Operator shall submit a bill for payment at the end of every month. The bill shall be in

accordance with the Operations carried out during the contract Period form the last date of the

previous bill and shall also account for any outstanding amounts, which are due from the

Corporation.

28.2 The bill, in addition to payments due for the mount shall contain supporting documents, which

shall include without limitation; statements of:

(a) Calculations on any amounts due arising from any extraordinary adjustment penalties, extra

work, variations, compensation events or incentive payment; and

(b) Calculation of interest due on late payments to or from the Corporation if any, and payable at an

interest rate or 1% per month after completion of sixty (10) days from the date when such

monies become due, and payable to the Party concerned.

28.3 The Competent Authority shall check the Operator’s bill and certify the amount to be paid to

the Operator after taking it to account any incentive or penalties the period in question. Where

the incentives and are incentive or penalties are still to be determined the Corporation shall

proceed to make payment to an extent of ninety (90) per cent of the amount due subject to the

condition that no major deficiency in the Operations has been noticed.

28.4 The Corporation shall pay the Operator the amounts certified by the Competent Authority

within sixty (60) days of the date of each certificate. All payments shall be made in Indian

Rupees.

28.5 The Competent Authority shall compute and verify the incentive\penalty applicable in the bill



submitted by the Operator, If the Competent Authority is of the opinion that the

incentive\penalty was warranted, it shall make necessary adjustments to approve the same and

certify complete payments due to the Operator in the next month. However, if the Competent

Authority is of the opinion that such incentives\penalty is not warranted, the excess amounts

shall be adjusted from the payment due to the Operator for the following month.

J. Intellectual property & Confidential Information

29. Proprietary Material

29.1 The Parties agree that all details, plans, manuals documentations specifications, schedules,

programs, reports, calculations and other work relating to the Facilities and\or Systems and the

provision of Operations pursuant to this Contact (hereafter referred to as “Proprietary

Material”), which have been or are hereafter written, originated or made by any of them or any

of their respective employees, Subcontractors or agents and by the persons related to the

Operator in connection with this Contract shall be owned by the persons related to the

corporations. The determination of information as proprietary Material shall be made at the sole

discretion of the Corporation.

29.2 The Operator shall have an irrevocable, royalty-free, non-exclusive license to use the

Proprietary Material during the terms of this Contract for all purposes connected with fulfilling

its obligations hereunder. However, this license shall not e transferable to any party other than

to a permitted assignee under this Contract. Such license shall noit continue after the suspension

or termination of this Contract or the discharge by the Operator of its duties hereunder.

30. Confidentiality

30.1 The Operator shall cause the persons related to the Operator not to, without the prior written

consent of the Corporation, at any time divulge or disclose to any person or use for any purpose

unconnected with the Operations Proprietary Material under this Contract. This CC Section

30.1 shall not apply to information.

(a) Already in the public domain, otherwise than by breach of this Contract:

(b) Already in the possession of the receiving party before it was receiving from the other Party in

connection with this Contract and which was not obtained under any obligation of

confidentiality: or

(e) Obtained from a third Person who is free to divulge the same and which was not obtained under

any obligation of confidentiality.

30.2 The Operator shall, whenever required, take necessary steps to ensure that all persons employed

by it, under this Contract, comply with the India Official Secrets Act 1923 (XIX of 1923) and

agree that it applies to them and shall continue to apple even after completion of this Contract.

30.3 No photographs of the Fanciless or system or any part there of or equipment employed thereon

shall be taken or permitted by the Operator to be tale by any of its employees or any employees

of its Subcontractor without the prior approval of the Competent Authority in writing and no

such photographs shall be published or otherwise circulated without the approval of the

Competent Authority in writing

30.4 The Corporation shall use its best efforts to ensure that the confidential proprietary information

relating to the Operator is not made public. However, the Corporation shall not be liable in any

manner whatsoever in case such photographs shall be published or otherwise circulated without

the approval of the Competent Authority in writing.

31. Assignment

31.1 The Operator shall not subcontract the whole of the Operations or a substantial part thereof.



Except where otherwise provided by the Contract, the Operator shall not subcontract any part of

the Operations without the prior consent of the Competent Authority. Any such consent shall

not relieve the Operator from any liability or obligation under the Contract and it shall be

responsible for the acts defaults and neglects of any Subcontractor, its agents, servants or

workmen as fully as if they were the acts, defaults or neglects of the Operator, its agents,

servants or workmen.

31.2 The Operator shall not be required to obtain such consent for:

(a) The provision of labor, or

(b) The provision of materials specified in the contract

31.3 In the event of a Subcontractor having undertaken towards the Operator in respect of the work

executed, or the goods, materials, plant or Operations supplied by such Subcontractor, any

continuing obligation extending for a period exceeding that the of the Contract period under the

Contract, the Operator shall at any time, the expiration of such perio0d, assign to the

Corporation, at the Corporations request and cost, the benefit of such obligations for the

unexpired duration thereof.

K. Default of Operator

32. Events of Default

32.1 At any time after the Commencement Date, the Competent Authority may investigate each case

where the Operator has fields to properly perform the Operations in accordance with this

Contract. The Competent Authority shall issue a notice to the Operator, instructing him to

rectify the failure within a reasonable time.

32.2 An event of default on the part of the Operator, which results from the Operator being unable to

fulfill its Service obligations under the Contract, shall be deemed as a serious default, and is

said to have occurred due to any of the following caused:

(a) The Competent Authority certifies to the Corporation, with a copy to the Operator, that in its

opinion, the Operator:

1. Has repudiated the Contract, or

2. Without reasonable excuse has failed to commence Operations in accordance with this

Contract, and pursuant to the Commencement Date; or failed to complete the Operations within

the time stipulated for completion;

(b) Gross misconduct of the Operator;

(c) Despite previous warning from the Competent Authority, in writing, is otherwise persistently or

flagrantly neglecting to comply with any of its obligations under the Contract;

(d) Operator persistently fills to follow Good Operations in execution of the Contract;

(e) If the Operator changes the use to which any part or whole of the Site is put, or initiates a

variation without the required approval of the Competent Authority;

(f) The Operator stops providing the Operations for (1)one and the stoppage has not been

authorized by the Competent Authority;

(g) The Competent Authority gives notice that failure to correct a particular defect is a fundamental

breach of Contract and the Operator fails to correct it within a reasonable period of time

determined by the Competent Authority;

(h) If the Operator is in breach of any law or statute governing the Operations;



(i) The Operator does not maintain a security, which is required; and

( j) The Operator, in judgment of the Corporation has engaged in Corporation has engaged in

Corrupt Practices Fraudulent Practices in competing for or in carrying out the Operations

under the contract;

(k) If the Operator fails to obtain or keep in force the insurance requirement under this Contract;

(l) The Operator (in case of a consortium ) has composition of the consortium and\or the

responsibility of each member of the consortium without period approval of the Corporation;

(m) The Operator is unable to maintain the composition and structure of it’s organization due to any

of the following causes;

1. The Operator enters into voluntary or involuntary bankruptcy, or liquidation;

2. The Operator becomes insolvent;

3. A receiver , administrator trustee or is appointed over any substantial part of its assets; and

4. Any act is done or event occurs with respect to the Operator or its assets, which, under any

applicable law has substantially similar effect to any of the foregoing acts or events.

33. Consequences of Default

33.1 If a default by the Operator is said to have occurred pursuant to CC Section 31.1, the

Corporation may, after giving three (3) days notice to the Operator, enter upon the Site, the

Facilities and\or System, and terminate Contract without thereby releasing the Operator from

any of its obligations under the Contract, or affecting the rights and authorities conferred on the

Corporation by the Contract. The Corporation may use so much of the Operator’s equipment,

temporary works and materials as it may think proper.

33.2 If the Contract is terminated because of an Operator’s event of default, the corporation shall be

entitled to invoke the Security Deposit and carry out the Operations through a Successor

Operator or departmentally and at the risk and cost of the Operator, If the total amount due to

the Corporation exceed any payment due to the Operator the difference shall be debt payable to

the Corporation.

33.3 If the Contract is terminated because of an Operator’s event of defaults, all materials on Site,

plant, equipment and temporary works shall be deemed to be the property of the Corporation.

33.4 Unless prohibited by law, the Operator shall if so instructed by Competent Authority within

three (3) days of such entry and termination referred to in CC Section 33.1 assign to the

Corporation the benefit of any Contract for the supply of any goods or materials or operations,

which the Operator may have entered into for the purposes of the Contract.

L. Default of Corporation

34. Events of Default

34.1 An event of default on the part of the Corporation, affecting the performance of the Operator’s

Operations, shall be deemed to have occurred due to any of the following causes

(a) The Corporation does not give access to part the site by the Commencement Date;

(b) The Corporation does not make a payment citified by the Competent Authority’s within ninety

(90) days from the day of receipt of the Competent Authority’s certificate:

( c) The Competent Authority instructs the Operator to stop providing the Operations and the

instruction is not withdrawn within three (3) day and

(d) The Corporation is in breach of any law or statute governing this Contract.



(e) The Corporation fails to carry out the responsibilities as per clause 19 mentioned above.

35. Consequences of Default

35.1 Pursuant to CC Section 35 the Operator may terminate its employment under the Contract by

giving notice to the Competent Authority, with a copy to the Municipal Commissioner. Such

termination shall take effect fourteen (14) days after giving the said notice.

35.2 If the Corporation, before the expiry of the above notice period, or immediately thereafter

remover the cause of its default, the Operator’s entitlement under CC Section 35.1 shall lapse

in respect of such defaults, and the Operator’s shall continue with\resume normal working as

soon as is reasonably possible.

M. Risks, Indemnification & Insurance.

36. Risks

36.1 The Corporation is responsible for excepted risks, arising solely due to the design of the Facility

and System and all Force Major events identified in CC Section 39.

36.2 All risk of loss of or damage to physical property and of property and of personal injury and

death, which arise during and in consequence of the performance of the Contract other than the

risks stated in CC Section 36.1, is the responsibility of the Operator.

37. Indemnification

37.1 The Operator shall indemnify and keep indemnified the Corporation against all losses and

claims for injuries or damage to any person or any property whatsoever which may arise out of

or in consequence of the Operations and against all claims, demands, proceedings, damages,

costs, charges and expenses whatsoever in respect of or in relation thereto.

37.2 The Operator shall at all times indemnify the Corporation against all claims, damages or

compensation under the provisions of,

i) Payment of Wages Act. 1936

ii) Minimum Wages Act. 1948

iii) Employers Liability Act. 1938

iv) The Workmen`s Compensation Act. 1923

v) Industrial Dispute Act. 1947.

vi) India Factories Act. 1948; and

vii) Maternity Benefit Act. 1961

Or any modifications thereof and rules made there under from time to time or as a consequence

or may accident or injury to any workman or other persons in or about the Operations, whether

in the employment of the Operator or not, save and except where such accident or injury have

resulted from any act of the Corporation, their agents or servants, and also against all cost,

charges and expenses of any suit, action of proceedings arising out of such accident or injury

and against all sum or sums which may with the consent of the Operator be paid to compromise

or compound any such claim without limiting its obligations and liabilities as above provided.

The operator shall insure against all claims damages or compensation payable under the various

acts mentioned above or any modifications thereof or any other law relating thereto.

38. Insurance

38.1 The Operator shall provide in the joint names of the Corporation and the Operator, insurance

cover from the Commencement Date to one year beyond the end of the Contract period, for the

Operator’s risks covering.

a) Loss of or damage of property (except the Facilities System and Equipment ) in

connection with the contract;

b) Personal injury or death; and

c) The Contractor’s All Risk (CAR) Insurance Policy,



The cover shall be obtained from the Directorate of Insurance, Maharashtra State only,

Signature of Tenderer

38.2 The Operator may, at its own discretion, provide for the following insurance covers

a) Loss of or damage to the Facilities and\or System; and

b) Loss of or damage to equipment,

Such cover may be taken cither from cither from the Directorate of Insurance. Maharashtra

State, or from any other insurance company with the approval of the Corporation

38.3 The Operator shall deliver policies and certificates to the Competent Authority for its approval

before the Commencement Date. All such insurance shall provide for Compensation to be

payable in the types and proportions of currencies required to rectify the loss or damage

incurred.

38.4 If the Operator or any of its Subcontractors does not provide any of the policies and certificates

required, the Corporation may effect the insurance, which the Operator should have provided

and recover the premiums the operator has paid from payments otherwise due to the Operator

or if no payment is due, the Payment of the premiums shall be a debt due to the Corporation.

38.5 Alterations to the terms of insurance shall not be made without the approval of the Competent

Authority and both Parties shall at all times comply with any conditions of the insurance

policies.

N. Force Majeure

39. Force Majeure Events

39.1 A Force Majeure event, as defined in CC Section 39.2, is said to have occurred if any such event

arise after the issue of the Letter of Award of Contract and extends lifers a period greater than thirty

(30) days, outside the contRol of both Parties, thereby rendering it impossible or unlawful for either

Party to fulfill its Contract obligations under the law governing the Contract.

39.2 The Force Majeure Events are:

a) War, invasion, mobilization, requisition or embargo;

b) Rebellion, revolution, insurrection, or military or usurped power, or civil war;

c) Contamination by radio-activity from any nuclear fuel, or from any nuclear waste form the

combustion of nuclear fuel, radio-active toxic explosive, or other hazardous propertied of

any explosive nuclear assembly or nuclear component of such assemble;

d) Riot, commotion or disorder, unless solely restricted to employees of the Operator or of its

Subcontractors;

e) Floods and any other calamity resulting from climatic imbalances; and

Provided always that such events are beyond the control of the Parties and have a Materially

Adverse Effect o the Operations..

39.3 The Operator shall be under no liability whatsoever in consequence of any of the force Majeure

events referred to in this clause, whether by way of indemnity or otherwise.

39.4 Both Parties shall be released from further performance pursuant to any Force Majeure event stated

in CC Section 39.2 occurring outside the control of both parties and extending for a period greater

that one hundred and eighty (180) days.

39.5 If the Contract is frustrated by a Force Majeure event, the Competent Authority shall certify that the

Contract has been frustrated. The Operator shall make the site safe and stop Operations as quickly

as possible after receiving this certificate.

40. Consultation and Duty to Mitigate.

40.1 For so long as the period of Force Majeure is continuing the affected Party shall consult with the

other Party, on the period and effect of the Force Majeure event and the affected party shall use all



reasonable endeavors to alleviate its effects of the performance of its obligations under this contract.

The other party shall afford reasonable assistance to the affected party to alleviate the effect of the

Force Majeure event on the performance by the affected party of its obligations under this Contract.

The affected party shall use its best efforts to continue to perform its obligations hereunder and to

correct or cure the same during the subsistence of such Force Majeure Event.

41 Consequences of Majeure

41.1 If and to the extent that any of the Force Majure events listed in CC Section 39.2 above results in

loss or damage to the Facility and /or System the Operator shall promptly give notice to the

Corporation. The Corporation may direct the operator to rectify this loss or damage to the extent

required by the Corporation, at costs to mutually agreed between the parties. The operator shall

expeditiously rectify the loss or damage and shall be entitled to payment of such costs. In the event

that the parties are not able to reach an agreement on the cost of rectification, the Corporation may

carry out the rectification works by itself or through any agency nominated by it. The Operator shall

provide all corporation required to complete such rectification expeditiously.

42. Resumption of Performance

42.1 When the affected party is able to resume performance of its obligations under this Contract, it shall

give to the other party a written notice to that effect and shall promptly, and in any event within

three (3) days, resume performance of its obligation hereunder.

42.2 The obligations and liabilities of the parties under this Contract would continue as long as Force

Majeure Event does not impede the performance.

42.3 There shall be no incentive or penalty/liquidated damages applicable in the peiod of subsistence of a

Force Majeure.

O. Taking Over

43. Taking over process

43.1 At the end of the Contract Period and subject to the provisions of CC Section 11.4 or its earlier

termination except on account of default of the Operator the Operator shall request the

Competent Authority to rake over the Facilities and /or System. The Corporation shall take over

the Facilities and / or System within Seven (7) days of such a request being made.

43.2 The Operator shall

a) Cease all further Operation, except for such Operations as may be necessary and instructed

by the Corporation’s Representative for the purpose of making safe or protecting those parts of

the Facilities and /or System and any Operations required to leave the site in a clean and safe

condition.

b) Hand over all documents and supplies for which the Operator has received payments and

c) Remove Operator’s equipment which is on the site and repatriate its entire staff and labour

from the site.

d) Hand over STP in good operating condition except normal wear & tear. all equipments

related to STP are in good operating condition

4.3 The Operator shall supply to the Competent Authority a detailed account of the total amount

that the Operator considers payable under the Contract before the end of the Contract period.

The competent Authority within twenty eight (28) days of receiving the Operator’s account

shall certify any final payment that is due to the Operator, or indicate to the operator the

corrections or additions that the necessary. If the final account is still unsatisfactory, after the

Operator resubmits it, the Competent Authority shall decide on the amount payable to the



Operator and issue a payment certificate.

43.4 The Corporation shall any time, within a period of ninety (90) days from the Completion Date

or Termination Date as applicable, carry out an independent assessment of the Facilities and/or

System departmentally or through a successor operator. Any deficiencies in the Facilities and/or

System shall be made good by or at the cost of the Operator so as to bring the Facilities and / or

System into Good repairs and proper working condition as handed over at the Commencement

Date and subsequent works done pursuant to CC Sections 14 and 16 normal wear and tear

excepting.

P

44.

Security Deposit

Security Deposit

44.1 The Operator shall pay a Security Deposit equal to the amount indicated in ‘Schedule A; as security

for due fulfillment of the Contract, within Seven (7) days after receipt of intimation in writing of

acceptance of Tender.

44.2 The mode of making this deposit is as under.

a) Initial Security Deposit : It is optional to the operator to make the Initial Security Deposit

in any one of the following ways.

i) Wholly in cash; or

ii) Wholly in form of National Saving Certificate pledged in favour of the

Corporation or bank guarantees/fixed deposit from Nationalised/Scheduled Banks

in the enclosed format; (Annexure 1 of Detailed Tender Notice) or

iii) Partly in cash and partly in form of National Saving Certificate pledged in favour

of the Corporation or bank guarantees/fixed deposit fRom Nationalised/Scheduled

Banks in the enclosed format.

b) Retention Money : The remaining amount of the Security Deposit (if applicable as per

Schedule A) shall be recovered fRom the Operator`s running bills at the rate of five (5)

percent and such retention with the Initial Security Deposit made as aforesaid shall not

exceed in the Security Deposit as above after which such retention will cease.

c) The Operator will have to deposit a Bank Guarantee equal to 10% of contract amount as

security towards ImpRovement work, Additional ImpRovement work, Extra work to be

executed by Operator.

44.3 All compensation or other sums of money payable by the Tenderer under the terms of this Contract

or any other account whatsoever, may be deducted fRom or paid by the sale of a sufficient part of

this Security Deposit or fRom any sums which may be due or may become due to the Operator by

the Corporation on any account whatsoever, and in the event of its Security Deposit being reduced

by reason of any such deduction, the Operator shall within fifteen (15) days of receipt of notice of

demand fRom the Corporation make good the deficit.

44.4 In the event of the said Deposit having been make by the Operator by delivery to the Corporation

by the guarantee of the bankers of the Operator, and of the Operator under any of the pRovisions of

this Contract becoming subject to or liable for any penalty for damages liquidated or unliquidated or

of the said deposit becoming forfeited or any breach or failure or determination of Contract, then

and in such case the amount of any such penalty or damages and the deposit so forfeited is not

previously paid to the Corporation, shall immediately on demand be paid by the said bankers to

Corporation and may be forfeited by the Corporation under and in terms of the said guarantee.

44.5 There shall be no liability on the Corporation to pay any interest on the Security Deposit deposited

by or recovered fRom the Operator.

45. Forfeiture of Security Deposit



45.1 If during the term of this contract the Operator is in Default of the due and faithful performance of

its obligations under this Contract the Corporation shall, without prejudice to its other rights and

remedies hereunder or at the Applicable Law, be entitled to call in, retain and appRopriate the

Security Deposit.

46. Return of Security Deposit.

46.1 Subject to CC Section 46.1, excepting the Security Deposit of the last Operating Year,

each Security Deposit shall be returned to the Operator by the Corporation within five (5)

days following the expiration of its validity, provided that there are no outstanding claims

of the Corporation on the Operator. The Security Deposit of the last Operating Year shall

be returned to the Operator at the end of twelve (12) months after the Completion Date or

Termination Date of this Contract.

U. PRocedure for Disputes and Arbitration

47. Competent Authority’s Decision.

47.1 IF dispute(s) of any kind whatsoever arises between the Operator and the Competent Authority’s

Representative the same shall be referred to the Competent Authority for its decision with detailed

justification. Such reference shall be stated that it is in pursuance to this clause and is for reviewing

and giving decisions by the Competent Authority. The Competent Authority shall given its decision

within fourteen (14) days of receipt of notice. If either party is not satisfied with the decision of the

Competent Authority or the Competent Authority fails to give decision within the period of fourteen

(14) days fRom the date of receipt of notice under this clause, such a dispute may be referred to

arbitration as per CC Section 48.

47.2 Termination of contract and settlement of disputes-

Cancellation of contract in full or in Part.

If the Contractor:

A) At any time makes default in pRoceeding with the work with due diligence and continues to do

so after notice in writing of fourteen days fRom the Engineer; Or

B) Commits default in complying with any of the terms and conditions of contract and does not

remedy it within fourteen days after a notice in writing is given to him in that behalf by the

Engineer, Or

C) Fails to complete the works or items with individual dates of completion, on or before the date(s)

of completion, and does not complete them within the period specified in a notice given in writing

in that behalf by the Engineer, Or

D) Shall offer or give or agree to give to any person in corporation’s service or to any other person

on his behalf any gift or consideration of any kind as an inducement or reward for doing or

forbearing to do or for having done or forborne to do any act in relation to the obtaining or

execution of this or any other contract for the corporation, Or

E) Shall obtain a contract with the corporation as a result of ring tendering or other non-bona-fide

methods of competitive tendering Or

F) being an individual or a firm, any partner thereof, shall at any time be adjudged insolvent or have

a receiving order or order for administration of his estate made against him or shall take any

pRoceedings for liquidation or composition (other than voluntary liquidation for the purpose of

amalgamation or reconstruction) under any insolvency act for the time being in force or make any

conveyance of assignment of his effects or composition or arrangement for the benefit of his



creditors or purport so to do, or if any application be made under any Insolvency Act for the time

being in force for the sequestration of his estate or if a trust deed be executed by him for his

creditors, or

G) Being a company, shall pass a resolution or the court shall make an order for the liquidation of

his affairs, or a receiver or a manager on behalf of the debenture holders shall be appointed or

circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or a

Manager, or

H) Shall suffer an execution being levied on his goods and allow it to be continued for a period of

21 days, or

Assigns, transfers, sublets (engagement of labour on a piece Work basis or labour with materials not

to be incorporated in the Work, shall not be deemed to be sub-letting) or attempts to assign, transfer

or sub-let the entire Works or any portion thereof without the prior written appRoval of the

Commissioner;the Commissioner may, without prejudice to any other right or remedy which shall

have accrued or shall accrue thereafter to the Corporation by written notice cancel the contract as a

whole or only such items of Work in default fRom the contract.

I) In the case of abandonment of the work owing to serious illness or death of the Contractor.

48. Sole Arbitration

48.1 Except where, otherwise pRovided for in this Contract, all questions and disputes relating to the

meaning of instruction hear in before mentioned or as to any question, claim, right matter of

handing whatsoever, if any arising out of relating to this contract, specification, estimates,

instructions, orders or these Conditions or otherwise concerning the Operations, or the execution or

failure to execute the same where arising during the pRogress of the operations or after completion

or abandonment thereof of any matter directly or indirectly connected with this contract shall be

referred to the sole arbitration of the Municipal Commissioner, and if the Municipal Commissioner

is unable or unwilling to act as such then the matter in dispute shall be referred to sole arbitration or

such other person appointed by the Municipal Commissioner who is willing to act as such

Arbitrator. In case the Arbitrator so appoint is unable to act for any reasons, the Municipal

Commissioner in the event of such inability, shall appoint another person to act as Arbitrator in

accordance with the terms of the Contract. Such person shall be entitled to pRoceed with the

reference fRom the point at which its predecessors left it. It is also a term of this Contract that no

person other than a person appointed by the Municipal Commissioner as aforesaid should act as an

Arbitrator.

49. Governing Provisions

49.1 As aforesaid the provisions of the Arbitration and Conciliation Act 1996 or any statutory

modification or reenactment there of and the rules made there under and for the time being

in force shall apply to the arbitration proceedings under this clause.

50 Termination of contract and settlement of disputes-

Cancellation of contract in full or in Part.

If the Contractor:

A) At any time makes default in proceeding with the work with due diligence and continues to do

so after notice in writing of fourteen days from the Engineer; Or

B) Commits default in complying with any of the terms and conditions of contract and does not

remedy it within fourteen days after a notice in writing is given to him in that behalf by the

Engineer, Or

C) Fails to complete the works or items with individual dates of completion, on or before the date(s)

of completion, and does not complete them within the period specified in a notice given in writing

in that behalf by the Engineer, Or

D) Shall offer or give or agree to give to any person in corporation’s service or to any other person



on his behalf any gift or consideration of any kind as an inducement or reward for doing or

forbearing to do or for having done or forborne to do any act in relation to the obtaining or

execution of this or any other contract for the corporation, Or

E) Shall obtain a contract with the corporation as a result of ring tendering or other non-bona-fide

methods of competitive tendering Or

F) being an individual or a firm, any partner thereof, shall at any time be adjudged insolvent or have

a receiving order or order for administration of his estate made against him or shall take any

proceedings for liquidation or composition (other than voluntary liquidation for the purpose of

amalgamation or reconstruction) under any insolvency act for the time being in force or make any

conveyance of assignment of his effects or composition or arrangement for the benefit of his

creditors or purport so to do, or if any application be made under any Insolvency Act for the time

being in force for the sequestration of his estate or if a trust deed be executed by him for his

creditors, or

G) Being a company, shall pass a resolution or the court shall make an order for the liquidation of

his affairs, or a receiver or a manager on behalf of the debenture holders shall be appointed or

circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or a

Manager, or

H) Shall suffer an execution being levied on his goods and allow it to be continued for a period of

21 days, or

Assigns, transfers, sublets (engagement of labour on a piece Work basis or labour with materials not

to be incorporated in the Work, shall not be deemed to be sub-letting) or attempts to assign, transfer

or sub-let the entire Works or any portion thereof without the prior written approval of the

Commissioner; the Commissioner may, without prejudice to any other right or remedy which shall

have accrued or shall accrue thereafter to the Corporation by written notice cancel the contract as a

whole or only such items of Work in default from the contract.

I) In the case of abandonment of the work owing to serious illness or death of the Contractor.

The several parts of this contract have been read by / to us and fully understood by us.

IN WITNESS WHEREAS THE PARTIES HAVE EXECUTED THESE PRESETS IN

CUPLICATE THE DAY AND YEAR FIRST MENTIONED ABOVE.

SIGNED & DELIVERED FOR AND ON BEHALF OF NAVI MUMBAI MUNICIPAL

CORPORATION

Signature

Designation

In the presence of witness

1. …………………………. Address ……

2. ………………………… Address ……

SIGNED AND DELIVERED FOR AND ON BEHALF OF

………………………………………………………………………..

In the presence of witness

1. …………………………. Address ………

2. ………………………… Address ………

Attachment: Preventive and routine Maintenance Schedules:



(a) ESR/GSR/HSR Complex and other Civil Structures:

i. Check, on a daily basis, all equipment such as water level indicators, lightening

arresters, valves, pipes, ventilators, manhole covers, ladders, railings, etc. and attend to

repairs within 24 hours as and when necessary to keep the equipment in proper working

condition.

ii. Check and attend to leakages in ESR/GSR/HSR containers and roof slabs of other civil

structures from time to time.

iii. Maintain ESR/GSR/HSR complex in mosquito proof conditions, maintain the premises

clean.

iv. Carry out the following activities :

Cleaning & disinfecting interiors of ESR/GSR/HSR on half yearly basis;

Providing civil repairs to all structures except ESR but including compound wall,

gate, roads/pathways, drains; and

Painting all structures including ancillary structure on yearly basis.

Painting of ESR in three years.

(b) Pumps, Motors, Panel Boards, etc.:

i. Check, on a daily basis, all equipment such as pumps, motors, electrical cable

contacts/lugs, various components of panel board, starters, OCBs (Oil Circuit Breakers)

and attend to repairs within 24 hours & as and when faults occur so as to keep the

equipment in proper working condition.

The Operator shall carry out routine maintenance of all equipment as per

manufacturer’s instruction manual, where available.

ii. Check, periodically, all pumps, motors, electrical cables, various types of component of

panel boards, capacitors, starters, OCBs, etc. and rectify the defects detected so as to

ensure efficient operations.

(c) Transformer Sub-Station, Power Temple and Kiosk:

i. Check, periodically and at least once every three months, all equipment in transformer

sub-station, power temple, kiosk and carry out repairs or replacement as necessary to

keep the equipment in efficient working condition. Emphasis shall be given to the

following:

Working of contacts of GOD (Ground Operated Disconnector);

Topping of transformer oil;

Balancing of load and voltage;

Assessing condition of dehydrating-breathers and replacing, if required;

Checking voltage tap changing switch function;

Conducting dielectric strength and acid test of transformer oil and filtering or

replacing of oil if required;

Checking carbon deposition, loose contacts of DO (Drop Out) fuse and bus bars

and replacing necessary components, if required;

Testing insulation by megger;



Checking continuity for proper earth connections; and

Checking resistance of earth pits and earth electrode.

ii. Paint transformer, poles and fencing, and metal spreading twice in a year, before and

after monsoons.

(d) Chlorinators & Chlorine Cylinders / Tonners :

i. Check daily, chlorinators and attend to repairs as and when necessary to keep the

chlorinator in proper working condition.

ii. Check the quantity of chlorine gas in cylinders and provide chlorine cylinders / tonners

so as to maintain residual chlorine content.

(e) Distribution Network:

i. Check, on a routine basis, daily-operated valves (Attachment 4 of Appendix 1),

pipelines, pressure gauges, etc. and attend to repairs as and when necessary to keep the

distribution system in proper working condition and leak proof.

ii. Every three months, operate, grease, tighten nut bolts, and replace glands of all valves

other than those operated daily, so as to maintain proper functioning.

iii. In consultation with the flow meter manufacturer and based on the manuals, maintain

flow meters and report defects for rectification, to the concerned Engineer and

manufacturer.

iv. Cleaning & repairs to valve chambers & its covers.



Attachment: Personnel

Position/Designation Minimum

Qualification

Minimum Experience

Years Nature

Manager/Supervisor Degree or diploma in

civil/mechanical/electr

ical engineering or

equivalent

05 Construction/operation and

maintenance of infrastructure

project, preferably in public water

supply/sewerage system.

Pump operator/Electrician ITI certificate in trade

of mechanic/

electrician/wireman

trade

02 Workshop/pumping stations/

treatment plants/electrical

installation.

Fitter/Plumber ITI certificate or

equivalent/ License in

plumbing

02 Workshop/water supply or

sewerage installation

Water meter reader S.S.C. passed. -

Data Entry Operator H.S.C. passed

MSCIT

01 Data Entry & Office Work.

Helper S.S.C. passed. 01

The positions and designation of key staff in this list are indicative and for guidance only. The Tenderer shall

propose the positions, designation, number and other specifications of the key staff it considers essential to

perform the functions in this work.



REPORTING

Attachment 1: Daily Summary of Operations at Pumping Stations

Pumping Station in Sector ------ in Node --------

Date :

Pumps Incoming Flow Outgoing Flow Energy Consumption Chemical Consumption

Se

t

N

o.

Hours

of

operat

ion

Initi

al

read

ier

Fina

l

readi

ng

Quan

tity

Initi

al

readi

ng

Fina

l

readi

ng

Quan

tity

Initi

al

readi

ng

Fina

l

readi

ng

Total

consum

ption

Chlorine Others

Resid

ual

chlori

ne in

inlet

Do

se

Qt

y

Do

se

Qt

y

Note: This is an indicative format. The operator shall prepare its format for the concerned package.



Attachment 2: Water Distribution Network - Supply Monitoring

-

-

S

r.

N

o.

Zon

e

Area

Cove

red

Consumption

(MLD)

Schedule of Supply Quantity at

Critical

Points

Number of

Critical Points

Sup

ply

Poin

t

Mete

red

Un-

mete

red

Tot

al

Stipulated Actual Requi

red

Act

ual

Tot

al

Nor

mal

Affec

ted Morn

ing

Even

ing

Morn

ing

Even

ing



Attachment 3: Water Distribution Network - Pressure Monitoring

Node Sector Area

Location of

Pressure

Gauge

Pressure (kg/cm2)

Remark Required Actual



Attachment 4: Water Quality Monitoring

Sr.

No

.

Locatio

n of

Sample

Date and Time Results of Analysis Acceptable

Standard

Remar

k

Collectio

n

Analysi

s

Repor

t

Residua

l

Chlorin

e

Total

Colifor

m

Faecal

Colifor

m

Total

Colifor

m

Faecal

Colifor

m



Attachment 5: Customer Complaints and Redressal

Sr

.

N

o.

Time of

Receipt

of

Complai

nt

Name,

Address,

Telephon

e number

of

Complai

nant

Details

of

Compl

aint

Complaint

Received by

Signat

ure of

Junior

Engine

er /

Manag

er

Complaint

Passed on

Redressal of

Complaint

Signat

ure of

Junior

Engine

er /

Manag

er

Da

te

Ti

me

Na

me

Signat

ure

Na

me

Da

te

Ti

me

Natu

re

Da

te

Ti

me

Summary - (a) Back log of complaints on the day.

(b) Number of complaints received during the day.

(c) Total number of complaints.

(d) Number of complaints attended during the day.

(e) Number of complaints not attended at the end of the day.



Attachment 6: Customer Water Meter Reading

Consumer Name: Consumer No.

Consumer Type: Rate:

Node: Sector:

No. of Flats : Meter No.:

Month Reading

Date

Present

Reading

Previous

Reading

Quantity in

Cum

Remarks Reader's

Signature

January

February

March

April

May

June

July

August

September

October

November

December



Attachment 7: Water Audit Report

Month :

Sr.

No.

Supply

Area

Quantity of

bulk water

supplied in

supply area

Quantity of

water

distributed

Quantity of

water billed

%

NRW

%

UFW

Remarks



(5) PARTICULAR CONDITIONS OF

CONTRACT (PCC)/

SPECIAL PROVISIONS



PARTICULAR CONDITIONS OF CONTRACT (PCC)/ SPECIAL PROVISIONS

The following Particular Conditions of Contract (PCC) shall supplement the General Conditions of Contract

(GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of

Contract (GCC). The clause number of the PCC is the corresponding clause number of the GCC. In cases of

any differences, the provisions contained in these Particular Conditions of Contract (PCC) shall take precedence

over the provisions of General Conditions of Contract (GCC).



CLAUSE 7 - PERFORMANCE SECURITY DEPOSIT

ADD THE FOLLOWING IN CLAUSE 7 OF GENERAL CONDITIONS OF CONTRACT (GCC):

At the end of the Retention Period i.e. one year from the completion of EPC contract, the Contractor is entitled

to a reduction of the amount of the Performance Security, as stated in the Contract Data.

The performance security shall be valid until the Contractor has completed the whole of the Works, remedied

any defects, and completed his obligations for operation and maintenance of the constructed facilities.

50% of the amount of the Performance Security will be released to the Contractor within 14 days of the issue of

the certificate evidencing completion of all works contemplated under the Works Contract, i.e. Commissioning

Certificate.

The balance amount of the Performance Security will be released to the Contractor within 14 days of the issue

of the certificate evidencing completion of all works contemplated under the O&M Works, i.e. Contract

Completion Certificate.

The Contractor shall deliver the Performance Security to the Employer within 28 days after receiving the

Letter of Acceptance, and shall send a copy to the Employer's Representative. The Performance Security

shall be issued by an entity and from within a country (or other jurisdiction)approved by the Employer, and

shall be based on the sample form included in the tender documents, or in another form approved by the

Employer.

The Contractor shall ensure that the Performance Security is valid and enforceable until the issue of the

Contract Completion Certificate. If the terms of the Performance Security specify its expiry date, and the

Contractor has not become entitled to receive the Contract Completion Certificate by the date 28 days prior

to the expiry date, the Contractor shall extend the validity of the Performance Security until the Works and the

Operation Service have been completed (or alternatively, until the Contractor has been entitled to receive the

Contract Completion Certificate). Failure by the Contractor to maintain the validity of the Performance

Security shall be grounds for termination.

The Employer shall not make a claim under the Performance Security except for amounts to which the

Employer is entitled under the Contract in the event of:

(a) failure by the Contractor to extend the validity of the Performance Security as described in the

preceding paragraph, in which event the Employer may claim the full or, in case of an earlier

reduction, the reduced amount of the Performance Security;

(b) failure by the Contractor to pay the Employer an amount due, as either agreed by the Contractor

within 42 days after this agreement or determination;

(c) failure by the Contractor to remedy a default within 42 days after receiving the Employer's Notice

requiring the default to be remedied; or

(d) Circumstances which entitle the Employer to terminate under Termination for Contractor's

Default, irrespective of whether Notice of termination has been given.

The Employer shall indemnify and hold the Contractor harmless against and from all damages, losses and

expenses (including legal fees and expenses) resulting from a claim under the Performance Security which the

Employer was not entitled to make.

The Employer shall return the Performance Security to the Contractor within 21 days after receiving a copy of

the Contract Completion Certificate.



CLAUSE 17: SUB-LETTING


SUB-LETTING

‘The Contractor shall not subcontract more than 25% of the value of the whole of the

Works. Any proposed subcontracts entered into by Contractor shall be subject to the

following conditions:

(a) the Contractor shall obtain prior consent of the Employer for engaging all subcontractors

(including the subcontractors whose details have been provided to the Employer under the

Bidding Documents) and vendors and registered with employer;

(b) for all other subcontracts, the Contractor shall, submit a list of proposed subcontractors along

with credentials about their technical capacity, financial capability and experience in works

similar to those which are proposed to be subcontracted and other relevant information to the

satisfaction of the Employers;

(c) the Employer’s Representative will scrutinize the proposals submitted by the Contractor and

approval of the subcontractors will be based on their overall capacity to execute the works

proposed to be subcontracted;

(d) the prior approval of the Employer's Representative shall be obtained for all proposed

Subcontractors, as well as for the proposed agreement(s) between the Contractor and such

proposed Subcontractors;

(e) the Contractor shall submit a copy of the proposed agreement between the Contractor and the

proposed subcontractor, and such agreement shall require approval of the Employer’s

Representative. Such proposed agreement(s) should be reasonable, workable and justified;

and

(f) where practicable, the Contractor shall give a fair and reasonable opportunity for contractors

from India to be appointed as Subcontractors.

The Contractor will be responsible to ensure that no unauthorized subcontractors are

permitted to work at any part of the Site. If, at any stage during execution, a subcontractor is

found working at the Site without prior approval of the Employer’s Representative, then the

work being done by that subcontractor shall be stopped, the subcontractor shall be expelled

from the Site, and an amount equivalent to 50% (fifty percent) of the value of the works done

by that subcontractor will only be paid against such work.

The act of subcontracting any Part or Section of the Works will not relieve the Contractor of

his overall responsibilities under the Contract. The Contractor shall be responsible for

observance by all Subcontractors of all the provisions of the Contract. The Contractor shall

be responsible for the acts or defaults of any Subcontractor, his agents or employees, as fully

as if they were the acts or defaults of the Contractor, his agents or employees.

In the event that the Employer’s Representative determines that any Subcontractor’s

performance with respect to progress, quality or behavior is unsatisfactory, then the

Contractor will be required to remove such Subcontractor from the Site and either undertake

the Works itself or provide a suitably qualified replacement. If any delays occur as a result,

the Contractor will be responsible to take any necessary actions to make up the lost time, for

which no additional payments or extension of time will be granted.’



CLAUSE 20 – CONTRACTORS STAFF

ADD THE FOLLOWING IN CLAUSE 20 OF GENERAL CONDITIONS OF CONTRACT

(GCC):

CONTRACTOR'S REPRESENTATIVE

The Contractor shall appoint the Contractor's Representative and shall give him all authority necessary

to act on the Contractor's behalf under the Contract.

Unless the Contractor's Representative is named in the Contract, the Contractor shall, prior to the

Commencement Date, submit to the Employer's Representative for consent the name and particulars

of the person the Contractor proposes to appoint as Contractor's Representative. If consent is withheld

or subsequently revoked, or if the appointed person fails to act as Contractor's Representative, the

Contractor shall similarly submit the name and particulars of another suitable person for such

appointment.

The Contractor shall not, without the prior consent of the Employer's Representative, revoke the

appointment of the Contractor's Representative or appoint a replacement.

The whole time of the Contractor’s Representative shall be given to directing the Contractor’s

performance of the Contract. If the Contractor's Representative is to be temporarily absent from the Site

during the execution of the Works or provision of the Operation Service, a suitable replacement person

shall be appointed, subject to the Employer's Representative's prior consent, and the Employer's

Representative shall be notified accordingly.

The Contractor's Representative shall, on behalf of the Contractor, receive instructions from Employer's

Representative.

The Contractor's Representative may delegate any powers, functions and authority to any competent

person, and may at any time revoke the delegation. Any delegation or revocation shall not take effect

until the Employer's Representative has received prior Notice signed by the Contractor's Representative,

naming the person and specifying the powers, functions and authority being delegated or revoked.

The Contractor's Representative and all these persons shall be fluent in the language for

communications.



CLAUSE 36 - CONTRACTOR’S LIABILITIES & INSURANCE (CAR POLICY)


Contractor general Obligations

The contractor shall design, execute and complete the works and provide the operation Service in

accordance with the Contract and shall remedy any defects in the works. When Completed , the works

shall be fit for the purposes for which the Works are intended as defined in the Contract, and the

Contractor shall be responsible for ensuring that the Works remain fit for such purposes during

the Operation Service Period.

The Contractor shall provide the Plant and Contractor's Documents specified in the Contract, and all

Contractor's Personnel, Goods, consumables and other things and services, whether of a temporary

or permanent nature, required to meet the Contractor's obligations under the Contract.

The Works shall include any work which is necessary to satisfy the Employer's Requirements,

Contractor's Proposal and Schedules, or is implied by the Contract, and all works which (although

not mentioned in the Contract) are necessary for stability or for the completion, or safe and proper

operation, of the Works.

The Contractor shall be responsible for the adequacy, stability and safety of all Site operations, of all

methods of construction and of all the Works during both the Design- Build Period and the Operation

Service Period.

The Contractor shall, whenever required by the Employer's Representative, submit details of the

arrangements and methods which the Contractor proposes to adopt for the execution of the Works. No

significant alteration to these arrangements and methods shall be made without this having previously

been notified to the Employer's Representative.

The Contractor shall attend all meetings as reasonably required by the Employer or the Employer's

Representative.

‘The Contractor shall check the design criteria and calculations (if any) included in the

Employer's Requirements, to confirm their correctness in its bid and to assume full

responsibility for them.’



CLAUSE 54: USE OF B.I.S. SPECIFICATIONS

ADD THE FOLLOWING IN CLAUSE 54

TECHNICAL STANDARDS AND REGULATIONS

Unless otherwise stated, the design, the Contractor's Documents, the execution and the completed Works shall

comply with the Country's technical standards, building, construction and environmental Laws, Laws

applicable to the product being produced from the Works, and other standards specified in the Employer's

Requirements, applicable to the Works, or defined by the applicable Laws.

All these Laws shall, in respect of the Works and each Section, be those prevailing when the

Commissioning Certificate is issued. References in the Contract to published standards shall be understood

to be references to the edition applicable on the Base Date, unless stated otherwise.

If changed or new applicable standards come into force in the Country after the Base Date the Contractor

shall give Notice to the Employer's Representative and (if appropriate) submit proposals for compliance.

In the event that:

(a) the Employer's Representative determines that compliance is required; and

(b) the proposals for compliance constitute a variation, then the Employer's Representative shall

initiate a Variation.

In respect of technical specifications and standards, any National or International Standards which

promise to confer equal or better quality than the standards specified, to the sole satisfaction of

the Employer, will also be acceptable.



CLAUSE NO 55: POSSESSION OF SITE AND ACCESS THERETO.


CONTRACTOR'S SUPERINTENDENCE

For the complete Contract Period, the Contractor shall provide all necessary superintendence to plan,

arrange, direct, manage, inspect, test and monitor the design and execution of the Works and the

provision of the Operation Service in accordance with his obligations under the Contract.

Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language

for communications (defined in Sub-Clause 1.4 [Law and Language]) and of the operations to be

carried out (including the methods and techniques required, the hazards likely to be encountered and

methods of preventing accidents), for the satisfactory and safe execution of the Works and the provision of

the Operation Service.

‘The Contractor shall submit, within 14 days of signing the Contract, the proposed

deployment program of all key personnel as well as workers for superintendence of

construction activities for approval by the Employer’s Representative. Such deployment

program shall be developed showing details of qualifications and experience of key

personnel and number of skilled/semi-skilled/un-skilled workers to be deployed on a

timeline essential for proper superintendence and systematic and professional

management of all construction works. The Employer’s Representative shall scrutinize,

modify if required and approve such proposed Deployment Program, in consultation with

the Contractor. Nevertheless, any approval by the Employer’s Representative, or failure to

object to the proposed Deployment Program, will not relieve the Contractor of any of its

obligations or responsibility under the contract. A reasonable proportion of the

Contractor's Superintending staff shall have a working knowledge of the English language,

or the Contractor shall have sufficient competent interpreters available on site during all

working hours.’



CLAUSE NO 56: FAILURE TO GIVE POSSESSION


DELAY DAMAGES:

If the Contractor fails to complete the Design-Build in accordance with the requirements of Time for

Completion of Design-Build, he shall pay delay damages as detailed in Sub-Clause Delay Damages

relating to Design-Build.

If the Contractor fails or is unable to provide the Operation Service for the complete period specified in the

Contract, or parts of the Operation Service, and such failure is:

(a) due to a cause for which the Contractor is responsible; and

(b) results in the Employer losing revenue or income which the Employer would normally have

expected to receive during the Operation Service Period; or

(c) results in the Employer suffering any other loss which he would not have suffered but for

such failure, then the Contractor shall pay to the Employer compensation in accordance with

Sub- Clause Delays and Interruptions during the Operation Service.



MATERIALS



CLAUSE NO 71: MATERIALS


PLANT, MATERIALS AND WORKMANSHIP:

(1) MANNER OF EXECUTION

The Contractor shall carry out the manufacture and/or replacement and/or repair of Plant, the

production and manufacture of Materials, and all other activities during the execution of the Works

and provision of the Operation Service:

(a) in accordance with the applicable Laws in the manner (if any) specified in the Contract;

(b) in a proper workmanlike and careful manner, in accordance with recognised good practice;

and

(c) with properly equipped facilities and non-hazardous Materials, except as otherwise

specified in the Contract.

‘The Contractor shall submit, within 14 days of signing the Agreement, the proposed

Procurement Program of all necessary Equipment, Plant and Materials to be incorporated

in the Permanent Works for approval by the Employer’s Representative. Such

Procurement Program shall be developed on a normally available commercial project

management software showing detailed planning for placing of orders, inspection by the

representatives of the Contractor, Employer or Third Party Agencies, as applicable,

transportation plans and delivery schedules for all Equipment, Plant and Materials to be

incorporated in Permanent Works essential for systematic and professional management

of all construction works. The Employer’s Representative shall scrutinize, modify if

required and approve such proposed Procurement Program, in consultation with the

Contractor. Nevertheless, any approval by the Employer’s Representative, or failure to

object to the proposed Procurement Program, will not relieve the Contractor of any of its

obligations or responsibility under the contract.’

(2) Samples

The Contractor shall submit the following samples of Materials, and relevant information, to the

Employer's Representative for review in accordance with the procedures for Contractor's

Documents:

(a) manufacturer's standard samples of Materials and samples specified in the Contract, all at the

Contractor's cost; and

(b) Additional samples instructed by the Employer's Representative as a Variation.

Each sample shall be labelled as to origin and intended use in the Works.

(3) Inspection

The Employer's Personnel and other persons authorised by the Employer shall at all reasonable times:

(a) have full access to all parts of the Site and to all places from which natural Materials are

being obtained;

(b) during production, manufacture and construction (at the Site and elsewhere), operation and

maintenance, be entitled to examine, inspect, measure and test the Materials and workmanship,

and to check the progress of manufacture of Plant and production and manufacture of

Materials; and

(c) carry out other authorised duties and inspections.

The Contractor shall give the Employer's Personnel and other persons authorised by the Employer full

opportunity to carry out these activities, including providing access, facilities, permissions and safety

equipment. No such activity shall relieve the Contractor from any obligation or responsibility.

The Contractor shall give Notice to the Employer's Representative whenever any work is ready and

before it is covered up, put out of sight, or packaged for storage or transport. The Employer's



Representative shall then either carry out the examination, inspection, measurement or testing without

unreasonable delay, or promptly give Notice to the Contractor that the Employer's Representative

does not require to do so. If the Contractor fails to give the Notice, he shall, if and when required

by the Employer's Representative, uncover the work and thereafter reinstate and make good, all at

the Contractor's cost.

(4) Testing

This Sub-Clause shall apply to all tests on Plant, Materials and workmanship specified in the Contract.

The Contractor shall provide all apparatus, assistance, documents and other information,

electricity, equipment, fuel, consumables, instruments, labour, materials, and suitably qualified and

experienced staff, as are necessary to carry out the specified tests efficiently. The Contractor

shall agree, with the Employer's Representative, the time and place for the specified testing of any

Plant, Materials and other parts of the Works.

The Employer's Representative may, under vary the location or details of specified tests, or instruct the

Contractor to carry out additional tests. If these varied or additional tests show that the tested Plant,

Materials or workmanship is not in accordance with the Contract, the cost of carrying out this Variation

shall be borne by the Contractor, notwithstanding other provisions of the Contract.

The employer's Representative shall give Notice to the Contractor not less than 24 hours prior to the

tests, of the Employer's Representative's intention to attend the tests. If the Employer's

Representative does not attend at the time and place agreed, the Contractor may proceed with the tests,

unless otherwise instructed by the Employer's Representative, and the tests shall then be deemed to

have been made in the Employer's Representative's presence.

If the Contractor suffers delay in carrying out the tests and/or incurs cost from complying with

these instructions or as a result of a delay for which the Employer is responsible, the Contractor shall

give Notice to the Employer's Representative and shall be entitled, subject to Contractor's Claims,

to:

(a) an extension of time for any such delay, if completion is or will be delayed, under Sub-

Clause Extension of Time for Completion of Design-Build; and

(b) payment of any such Cost Plus Profit, which shall be included in the Contract Price.

After receiving this Notice, the Employer's Representative shall proceed in accordance with

Determinations, to agree or determine these matters.

The Contractor shall promptly forward to the Employer's Representative duly certified reports of the

tests. When the specified tests have been passed, the Employer's Representative shall endorse the

Contractor's test certificate, or issue a certificate to him, to that effect. If the Employer's Representative

has not attended the tests, he shall be deemed to have accepted the readings as accurate.

(5) Rejection If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, or

workmanship is found to be defective or otherwise not in accordance with the Contract, the Employer's

Representative may reject the Plant, Materials, design or workmanship by giving Notice to the

Contractor, with reasons. The Contractor shall then promptly make good the defect at the Contractor's

cost and ensure that the rejected item complies with the Contract.

If the Employer's Representative requires this Plant, Materials, or workmanship to be retested, the

tests shall be repeated under the same terms and conditions. If the rejection and retesting cause the

Employer to incur additional costs, the Contractor shall, subject to Sub-Clause -Employer's Claims,

pay these costs to the Employer.

‘The additional costs will be calculated based on the direct cost of any labor, equipment,

materials, superintendence and other services provided by the Employer for carrying out such



retesting, as certified by the Employer’s Representative, plus an administration fee of 10% (ten

percent) of the direct costs to cover overheads and other indirect costs.’

At any time during the Contract Period, notwithstanding any previous test or certification, the

Employer's Representative may instruct the Contractor to:

(a) repair, remove from the Site and replace, any Plant or Materials which is not in accordance with

the Contract;

(b) remove and re-execute any other work which is not in accordance with the Contract; and

(c) execute any work which is urgently required for the safety of the Works or the provision of

the Operation Service, whether because of an accident, unforeseeable event or otherwise.

The Contractor shall comply with the instruction within a reasonable time, which shall be the time (if

any) specified in the instruction, or immediately if urgency is specified under sub-paragraph (c).

Expect to the extent that the Contractor may be entitled to payment for the work required under sub-

paragraph (c), the Contractor shall bear the cost of such remedial work.

If the Contractor fails to comply with the instruction, the Employer shall be entitled to employ and

pay other persons to carry out the work. Except to the extent that the Contractor would have been

entitled to payment for the work, the Contractor shall, subject to Sub-Clause 20.2 [Employer's

Claims], pay to the Employer all costs arising from this failure.

(6) Ownership of Plant and Materials

Each item of Plant and Materials shall, to the extent consistent with the Laws of the Country, become

the property of the Employer at whichever is the earlier of the following times, free from liens

and other encumbrances:

(a) when it is delivered to the Site;

(b) when the Contractor is paid the value of the Plant and Materials

(c) when the Contractor is paid the value of the Plant and Materials

(7) Royalties

Unless otherwise stated in the Employer's Requirements, the Contractor shall pay all royalties, rents

and other payments for:

(a) natural Materials obtained from outside the Site; and

(b) the disposal of material from demolitions and excavations and of other surplus material

(whether natural or man-made), except to the extent that disposal areas within the Site

are specified in the Contract.



CLAUSE NO 71 : MATERIALS


1 TESTING

1.1 Testing of the Works

The Contractor shall carry out the Tests on Completion of Design-Build in accordance with this

Clause , after providing the documents- As-Built Documents and Operation and Maintenance

Manuals.

The Contractor shall give Notice to the Employer's Representative not less than 21 days prior to the

date after which the Contractor will be ready to carry out each of the Tests on Completion of Design-

Build. Unless otherwise agreed, Tests on Completion of Design-Build shall be carried out within 14

days after this date, on such day or days as the Employer's Representative shall instruct.

Unless otherwise stated in the Particular Conditions, the Tests on Completion of Design-Build

shall be carried out in the following sequence and are further detailed in the Employer's

Requirements:

(a) pre-commissioning tests, which shall include the appropriate inspections and ("dry" or

"cold") functional tests to demonstrate that each item of Plant can safely undertake the

next stage, (b);

(b) commissioning tests, which shall include the specified operational tests to demonstrate

that the Works or Section can be operated safely and as specified, under all available

operating conditions; and

(c) trial operation, which shall demonstrate that the Works or Section perform reliably and

in accordance with the Contract.

The Employer shall be the sole beneficiary of any revenue or benefit resulting from the Tests on

Completion of Design-Build.

During trial operation, when the Works are operating under stable conditions, the Contractor shall

give Notice to the Employer's Representative that the Works are ready for any other Tests on

Completion of Design-Build, including performance tests to demonstrate whether the Works conform

with criteria specified in the Employer's Requirements and with the Schedule of Guarantees.

Trial operation shall not constitute a commencement o f the Operation Service.

In considering the results of the Tests on Completion of Design-Build, the Employer's Representative

shall make allowances for the effect of any use of the Works by the Employer on the performance

or other characteristics of the Works. As soon as the Works, or a Section, have passed each of the

Tests on Completion of Design-Build described in sub-paragraph (a), (b) or (c) above, the Contractor

shall submit a report certified by the Contractor of the results of these Tests to the Employer's

Representative.

1.2 Delayed Tests on Completion of Design-Build

If the Tests on Completion of Design-Build are being unduly delayed by the Employer, Sub-Clause-

Testing] (fifth paragraph) shall be applicable.

If the Tests on Completion of Design-Build are being unduly delayed by the Contractor, the

Employer’s Representative may by Notice require the Contractor to carry out such Tests within 21

days after receiving the Notice. The Contractor shall carry out such Tests on the day or days within

that period as the Contractor may fix and of which he shall give Notice to the Employer's

Representative.

If the Contractor fails to carry out the Tests on Completion of Design-Build within the period of 21

days, the Employer's Personnel may proceed with the Tests at the risk and cost of the Contractor.

The Tests on Completion shall then be deemed to have been carried out in the presence of the

Contractor and the results of the Tests shall be accepted as accurate.



1.3 Retesting of the Works

If the Works, or a Section, fail to pass the Tests on Completion of Design-Build, Sub- Clause -

Rejection shall apply, and the Employer's Representative or the Contractor may require the

failed Tests, and Tests on Completion of Design-Build on any related work, to be repeated under the

same terms and conditions.

1.4 Failure to Pass Tests on Completion of Design-Build

If the Works, or a Section, fail to pass the Tests on Completion of Design-Build , Employer's

Representative shall be entitled to:

(a) order further repetition of Tests on Completion of Design-Build or

(b) issue a Notice -Notice to Correct.

1.5 Completion of the Works and Sections

The Works shall be deemed by the Employer to be completed when:

(a) the Works have been completed in accordance with the Contract and Operation and Maintenance

Manuals and except as allowed in sub-paragraph (i) below; and

(b) a Commissioning Certificate has been issued, or is deemed to have been issued,

The Contractor may apply by Notice to the Employer's Representative for a Commissioning

Certificate not earlier than 14 days before the Works will, in the Contractor's opinion, be

complete and ready for commencement of the Operation Service Period. If the Works are divided

into Sections, the Contractor may similarly apply for a Commissioning Certificate for each Section.

The Employer's Representative shall, within 28 days after receiving the Contractor's application:

(i) issue the Commissioning Certificate to the Contractor, stating the date on which the Works

or Section were completed in accordance with the Contract, except for any minor

outstanding work and defects which will not substantially affect the use of the Works or

Section for their intended purpose (listing such outstanding work and defects which are to

be remedied); or

(ii) reject the application, giving reasons and specifying the work required to be done by the

Contractor to enable the Commissioning Certificate to be issued.

The Contractor shall then complete the work referred to in sub-paragraph (ii) above before issuing a

further Notice under this Sub-Clause.

If the Employer’s Representative either fails to issue the Commissioning certificate or reject the

Contractor's application within the period of 28 days, and if the Works or Section (as the case may

be) are substantially in accordance with the Contract, the Commissioning Certificate shall be deemed

to have been issued on the last day of that period.

1.6 Commissioning of Parts of the Works

The Employer's Representative may, at the request of the Contractor, issue a Section Commissioning

Certificate for any part of the Permanent Works.

If a Section Commissioning Certificate has been issued for a part of the Works, the delay damages

thereafter for completion of the remainder of the Works shall be reduced. Similarly, the delay

damages for the remainder of the Section (if any) in which this part is included shall also be reduced. For

any period of delay after the date stated in this Section Commissioning Certificate, the proportional

reduction in these delay damages shall be calculated as the proportion which the value of the part so

certified bears to the value of the Works or Section (as the case may be) as a whole. The Employer's

Representative shall proceed to agree or determine these proportions. The provisions of this

paragraph shall only apply to the daily rate of delay damages and shall not affect the maximum amount

of these damages (if any).



1.7 Commissioning Certificate

Performance of the Contractor's Design-Build obligations, including care of the Works, shall not

be considered to have been completed until the Commissioning Certificate has been signed by the

Employer's Representative and delivered to the Contractor, stating the date on which the Contractor,

in the opinion of the Employer's Representative, completed all such obligations in accordance with

the Contract (subject to the outstanding works and defects listed in accordance with Sub-Clause -

Completion of the Works and Sections).

The Employer's Representative shall issue the Commissioning Certificate to the Contractor

within 28 days after the application by the Contractor for the Commissioning Certificate

subject to the provisions of Sub-Clause-Completion of the Works and Sections.

Only the Commissioning Certificate shall be deemed to constitute acceptance of the Works.

1.8 Joint Inspection Prior to Contract Completion

Not less than two years prior to the expiry date of the Operation Service Period, the Employer's

Representative and the Contractor shall carry out a joint inspection of the Works and, within 28 days

of the completion of the joint inspection, the Contractor shall submit a report on the condition of

the Works identifying maintenance works (excluding routine maintenance works and the correction

of defects), replacements and other works required to be carried out to satisfy the requirements of the

Operation and Maintenance Plan after the Contract Completion Date.

The Contractor shall submit a programme for carrying out such works over the remainder of the

Operation Service Period.

Following receipt of the Contractor's report, the Employer's Representative may, throughout the

remainder of the Operation Service Period, instruct the Contract to carryout all or part of the works

identified in the Contractor's report. The quoted sumJ from the Asset Replacement Fund will be

added to the monthly payments upon replacement of items of Plant in accordance with

the Schedule of replacement prepared at Tender stage and the provisions of -Asset

Replacement Fund. Other works shall be carried out at the Contractor's cost.

Upon satisfactory completion of the items identified in this Sub-Clause the Employer shall instruct

the Contractor to commence the Tests Prior to Contract Completion.

1.9 Procedure for Tests Prior to Contract Completion

The Tests Prior to Contract Completion ("Tests") are to be carried out by the Contractor who

shall provide all necessary labour, materials, electricity, fuel and water, other than items identified as

being the responsibility of the Employer, and undertake any required remedial works as may be

required. The Tests are to be carried out in accordance with the Employer's Requirements.

The Tests shall be carried out towards the end of the Operation Service Period. The Employer shall

give Notice to the Contractor not less than 21 days prior to the date after which the Tests shall be

carried out. Unless otherwise agreed, such Tests shall be commenced within 14 days after this date,

on the day or days determined by the Employer's Representative.

The results of the Tests shall be compiled and evaluated by the Employer's Representative and the

Contractor. The Contractor shall make the results of any tests, inspections or monitoring available to the

Employer's Representative within 7 days of their receipt. Any effect on the results of the Tests which

can reasonably be shown to be due to prior use of the Works by the Contractor during the

Operation Service Period shall be taken into account in assessing such results.

As soon as the Contractor has completed the Tests, the Contractor shall notify the Employer's

Representative that the Works are complete and ready for final inspection. Upon the Employer's

Representative being satisfied that the Contractor has satisfied the requirements of the Tests

regarding such final inspection, the Employer's Representative shall notify the Employer and the

Contractor prior to the issue of the

Contract Completion Certificate.



1.10 Delayed Tests Prior to Contract Completion

If the Employer incurs cost as a result of any unreasonable delay by the Contractor in carrying out the

Tests Prior to Contract Completion ("Tests"), the Employer shall be entitled, to payment of any such

cost which shall be recoverable from the Contractor by the Employer, and may be deducted by the

Employer from any monies due, or to become due, to the Contractor.

If the Contractor fails to commence the Tests on the day or days determined, the Employer's

Representative shall give Notice to the Contractor that unless the Tests are commenced

within 14 days of this Notice the Employer's Representative may order that the Tests be undertaken

by others on behalf of the Employer. In such event, the Contractor shall be bound by the results of

such Tests as being accurate and the Employer shall be entitled to deduct the costs associated with

the undertaking of the Tests by others from any monies due, or to become due, to the Contractor.

If for reasons not attributable to the Contractor, the Tests Prior to Contract completion of the

Works, or any Section, cannot be completed during the Contract Period (or any other period agreed

upon by both Parties), then the Works or Section shall be deemed to have passed the Tests.

1.11 Failure to Pass Tests Prior to Contract Completion

If the Works or a Section thereof, fails to pass the Tests Prior to Contract Completion (Tests") the

Employer's Representative shall be entitled to:

(a) order further repetition of Tests;

(b) reject the Works or a Section thereof (as the case may be), in which event the Employer shall have

the same remedies against the Contractor OR

(c) issue a Contract Completion Certificate, if the Employer so requires. The Contract Price shall

then be reduced by such an amount as may be agreed by the Employer and the Contractor (in full

satisfaction of such failure only), and the Contractor shall then proceed in accordance with his

other obligations under the Contract.

In the event of (c) above, if the Works, or a Section, fail to pass any of the Tests and the Contractor

proposes to make adjustments or modifications to the Works or such Section, the Contractor may be

instructed by (or on behalf ofj the Employer that right of access to the Works or Section cannot be

given until a time that is convenient to the Employer. The Contractor shall then remain liable to carry

out the adjustments or modifications and to satisfy this Test, within a reasonable period of receiving

Notice by (or on behalf of) the Employer of the time that is convenient to the Employer. However, if the

Contractor does not receive this Notice during the relevant Contract Period, the Contractor shall be

relieved of this obligation and the Works or Section (as the case may be) shall be deemed to have

passed the Tests.

If the Contractor incurs additional cost as a result of any unreasonable delay by the Employer in

permitting access to the Works or Plant by the Contractor after issue of the Contract Completion

Certificate, either to investigate the causes of a failure to pass any of the Tests or to carry out any

adjustments or modifications, the Contractor shall be paid the additional Cost Plus Profit, as

determined or agreed, caused by such a delay.

1.12 Retesting Prior to Contract Completion

If the Works, or a Section, fail to pass the Tests Prior to Contract Completion:

(a) Completion of Outstanding Work and Remedying Defects shall apply; and

(b) the Employer may require the failed Tests, and the Tests Prior to Contract Completion on work, to be

repeated under the same terms and conditions.

If such failure and retesting results from a default of the Contractor and causes the Employer to incur

additional costs, such costs shall be recoverable from the Contractor by the Employer, and may be

deducted by the Employer from any monies due, or to become due, to the Contractor.

The Employer's Representative may carry out such additional tests, inspections and monitoring as he



deems necessary. The costs of such tests, except where such tests are carried out for the purpose of

remedying any damage, defect or failure to meet standards that are the responsibility of the Contractor

under the Contract, shall be borne by the Employer.



CLAUSE NO 74: PLANT AND’ EQUIPMENT


CONTRACTOR’S EQUIPMENT

The following provision shall be added to the existing provisions of Clause 4.17 of the GCC: -

‘Unless otherwise stated in the Employer’s Requirements, the Contractor shall provide all

Contractor's Equipment necessary to complete the Works, including testing, trial run and

commissioning, and to operate, maintain, inspect and repair as necessary the constructed facilities

during the period of the operation and maintenance Works.

The Contractor shall submit, within 14 days of signing the Agreement, the proposed

deployment program of all necessary equipment, plant and machinery to be used for

construction (such as pipe fabricating plant, pipe coating plant, pipe lining machines,

excavators, concrete batching plants, hot mix plants, generators, welding sets, shuttering

sets, soil compactors, etc.) for approval by the Employer’s Representative. Such

Deployment Program shall be developed on a normally available commercial project

management software showing detailed micro-level equipment, plant and machinery along

with bar charts, essential for systematic and professional management of all construction

works. The Employer’s Representative shall scrutinize, modify if required and approve such

proposed deployment program, in consultation with the Contractor, within 14 days of

submission by the Contractor. If the Employer’s Representative does not give its approval

or objection within the stated period, the Deployment Program shall be deemed to be

accepted. Nevertheless, any approval by the Employer’s Representative, or failure to object

to the proposed deployment program, will not relieve the Contractor of any of its

obligations or responsibility under the contract.’



CLAUSE 75: INSPECTION & APPROVAL


QUALITY ASSURANCE:

The Contractor shall institute a quality assurance system to demonstrate compliance with the

requirements of the Contract. The system shall be in accordance with the details stated in the Contract.

The Employer's Representative shall be entitled to audit any aspect of the system.

Details of all procedures and compliance documents shall be submitted to the Employer's

Representative for information before each design, execution and operation stage is commenced.

When any document of a technical nature is issued to the Employer's Representative, evidence of the

prior approval by the Contractor himself shall be apparent on the document itself.

Compliance with the quality assurance system shall not relieve the Contractor of any of his duties,

obligations or responsibilities under the Contract.

‘The Contractor shall submit, within 14 (fourteen) days of signing of Contract, the

proposed quality assurance and quality control (QA/QC) Program for approval by the

Employer’s Representative. Such QA/QC Program shall be developed to describe the type,

frequency and procedure of tests to be done on the Site(s); type, frequency and procedure of

tests to be done in pipe manufacturing units at Site, if applicable; type, frequency and

procedure of tests to be done at manufacturers’ locations outside the Site; all parameters to

be measured in these tests; permissible limits of such parameters; details of laboratories to

be established at the Site(s); details of testing equipment and machines and their

calibration schedules; details of the contractor’s internal control systems for assuring

quality control at locations of manufacturers’ outside the Site; details of qualifications and

experience of the Quality Control professionals to be deployed by the contractor for the

entire project; and the systems of Quality Audit to be instituted by the contractor, etc.,

essential for systematic and professional management as well as adherence to the highest

standards of quality of all construction works. The Employer’s Representative shall

scrutinize, modify if required and approve such proposed QAQC Program, in consultation

with the Contractor, within 14 days of submission by the Contractor. If the Employer’s

Representative does not give its approval or objection within the stated period, the QAQC

Program shall be deemed to be accepted. Nevertheless, any approval by the Employer’s

Representative, or failure to object to the proposed QAQC Program, will not relieve the

Contractor of any of its obligations or responsibility under the contract.

The Contractor, prior to commencement of permanent works at the Site, shall set up his

own laboratory, with prior notification to the Employer’s Representative. The calibration of

the laboratory equipment and instruments shall at the initial stages be certified by agencies

approved by the Employer’s Representative. Laboratory equipment shall be properly

maintained and calibrated throughout the period of the Contract by the Contractor at his

own expense.

The Contractor shall give the Employer’s Representative at least 24 (twenty-four) hours

advance notice prior to conducting any tests for materials and work. The Employer’s

Representative will also inspect the laboratory if deemed necessary and the Contractor

shall provide adequate facilities to the Employer’s Representatives for his independent

verification of the accuracy and adequacy of the facilities. The Contractor shall arrange

visit of Employer’s representative to equipment manufacturing plants for inspection of

material before supply of equipment or machinery to site. The list of mandatory equipment

to be provided at the Site by the Contractor is indicated in the Bidding Documents.’



CLAUSE NO 101: RATES FOR EXCESS IN ITEMS


1 VARIATION AND ADJUSTMENTS

1.1 Adjustments for Changes in Technology

The Contract Price and programme for design, execution and operation of the Works shall be adjusted

to take into account any increase or decrease in cost resulting from any changes in technology, new

materials or products which the Contractor is obliged to adopt, either:

(a) where a proposal from the Contractor is accepted by the Employer's Representative;

(b) where the Employer's Representative instructs the Contractor to use new technology or new

materials or products; or

(c) there is a statutory requirement for the Contractor to use new technology or new materials or

products.

In any such case, the Contractor shall be entitled to:

(i) an extension of time for any such delay, if the events delay the completion of the

Design-Build; and

(ii) any additional Cost, subject to an adjustment for any operational or other savings which the

Contractor may make as a result of the introduction of such new technology, materials or

products.

After receiving a Notice of claim, the Employer's Representative shall proceed to agree or

determine these matters. Where appropriate, the Employer's Representative shall issue a Variation to

the Contractor with details of the required changes.

Amendments to the Contract Conditions/Specifications :

If the Employer’s Representative determines that if, it would be in the best interests of the

Project to modify or amend some of the Contract Conditions/ Specifications, such

modifications or amendments may be made if mutually agreed by the Employer and the

Contractor.’

1.2 Adjustments for Changes in Costs

The Contract Price and the Rates and Prices shall be adjusted in accordance with the S chedules of

cost indexation as contained in the Schedule of Payments. If there are no such Schedules of cost

indexation included in the Contract, this Sub-Clause shall not apply



CLAUSE NO 122: LIABILITY FOR DEFECTS OR IMPERFECTIONS AND RECTIFICATION

THEREOF


1 DEFECTS

1.1 Completion of Outstanding Work and Remedying Defects

The requirements regarding the completion of outstanding work and the remedying of defects are as

follows:

(a) Design-Build Period: In order that the Works and Contractor's Documents, and each Section, shall

be in the condition required by the Contract, the Contractor shall:

(i) complete any work which is outstanding on the date stated in the Commissioning

Certificate as soon as practicable after such date, and not later than one year after such date;

and

(ii) execute all work required to remedy defects or damage, as may be

notified by (or on behalf on the Employer.

Final payment for the Design-Build Period, will not be certified until the above requirements have,

in the opinion of the Employer's Representative, been met.

If a defect appears or damage occurs, the Contractor shall be notified accordingly, by (or on behalf

on the Employer.

(b) Operation Service Period: The Contractor shall be responsible for repairing and making good any

damage or defect occurring during the Operation Service Period, whether such defect or

damage is notified by the Employer or his Representative, or observed by the Contractor

himself.

The Contract Completion Certificate issued will not be issued until all defects and damage

and all outstanding work, including all such items identified during the joint inspection made in

accordance with Sub-Clause 11.8 [Joint Inspection Prior to Contract Completion], have been

completed.

1.2 Cost of Remedying Defects

All work required to repair defects or damage shall be executed at the risk and cost of the Contractor,

except:

(c) where it is attributable to any act by the Employer or the Employer's Personnel or agents; or

(d) where it is as a result of an event that is covered

Where the Contractor is required to remedy a defect or damage to the Works under sub-paragraphs

(a) or (b) of this Sub-Clause, the Contractor shall notify the Employer's Representative and

shall be entitled to a Variation.

1.3 Failure to Remedy Defects

If the Contractor fails to remedy any defect or damage arising during either the Design-Build or the

Operation Service Period within a reasonable time, a date may fixed by (or on behalf on the

Employer's Representative, on or by which the defect or damage is to be remedied. The Contractor

shall be given reasonable Notice of this date.

If the Contractor fails to remedy the defect or damage by such date and the necessity for such work

is due to the Contractor , the Employer may (at his sole discretion):

(a) require the Employer's Representative to determine and certify a reasonable reduction in

the Contract Price or the Rates and Prices submitted for the Operation Service Period

OR

mailto:@JdPeriod



(b) if the defect or damage is such that the Contractor has been unable to commission

the Works or continue providing the Operation Service and the Employer has been

deprived of substantially the whole of the benefit of the Works or parts of the Works, the

Employer shall be entitled to terminate the Contract in respect of such parts of the Works as

cannot be put to the intended use.

(c) In the event of (b) above occurring, the Employer shall, notwithstanding the provisions:

(i) during the Design-Build Period, be entitled to recover from the Contractor all

sums paid for such parts of the Works plus financing costs together with

the cost of dismantling the same, clearing the Site and returning Plant

and Materials to the Contractor; or, if the Employer chooses to complete the

Works himself or by engaging others, the Employer shall be entitled to

recover the extra costs, if any, of completing the Works after allowing for

any sum due to the Contractor. If there are no such extra costs, the

Employer shall pay any balance to the Contractor; and

(ii) during the Operation Service Period, not be liable to make any further payments to the

Contractor until the costs of operation and maintenance, completion and remedying of

any defects and all other costs incurred and to be incurred by the Employer have been

established.

1.4 Further Tests

If the work of remedying any defect or damage may affect the performance of the Works, the

Employer's Representative may require the repetition of any of the tests described in the Contract.

The requirement shall be made by Notice within 28 days after the defect or damage is remedied.

These tests shall be carried out in accordance with the terms applicable to the previous tests, except that

they shall be carried out at the risk and cost of the Party liable, for the cost of the remedial work.

1.5 Removal of Defective Work

If the defect or damage cannot be remedied expeditiously on the Site and the Employer gives

consent, the Contractor may remove from the Site for the purposes of repair such items of Plant as

are defective or damaged. This consent may require the Contractor to increase the amount of the

Performance Security by the full replacement cost of these items, or to provide other appropriate

security.

1.6 Contractor to Search

The Contractor shall, if required by the Employer's Representative, search for the cause of any

defect, under the direction of the Employer's Representative. Unless the defect is to be remedied at the

cost of the Contractor , the Cost Plus Profit of the search shall be agreed or determined by the

Employer's Representative and shall be included in the Contract Price.

4.7 Completion of Operations and Maintenance Services

The following provisions shall be inserted as new Clause:

‘The Contractor shall ensure that the Works under the O&M Contract shall be in the

condition required by the Contract upon completion of the Works under the O&M Contract,

including the handing over of the facilities to the Employer in good operating condition



(other than fair and reasonable wear and tear in the normal and ordinary course of Works).

The Contractor shall:

(a) ensure that all mechanical and electrical Plant and Equipment are fully functional and

in good operating condition, suitable for the purposes for which they were intended;

(b) ensure that all defects or damages which may have arisen from the design,

workmanship, materials, or improper operating conditions or maintenance practices,

have been identified and remedied;

(c) provide replacements for all spare parts that were used/consumed during the

Operations and Maintenance Period; all such replacements shall be new

manufacturer’s original equipment only; and

(d) execute all required work of amendment, reconstruction, repair and remedying defects

or damage as may be instructed by the Employer or Employer’s Representative.

All such work shall be executed by the Contractor at its own cost before handing over the

facilities. In the event that the Contractor fails to carry out the necessary remedial works, the

Employer’s Representative shall notify the Contractor accordingly. Any costs incurred by

the Employer in so doing shall be recoverable from the Contractor and will become a debt

due and payable by the Contractor to the Employer and the Employer may, at his sole

discretion, recover such amount by invoking the Contractor’s bank guarantee provided as a

performance security.

The Contract shall not be considered to be completed until the Final Contract Completion

Certificate has been signed by the Employer’s Representative and delivered to the

Contractor, stating the date upon which the Contractor has completed his operation and

maintenance obligations to the Employer’s Representative’s satisfaction. The Final Contract

Completion Certificate shall be given by the Employer’s Representative by the date falling

28 days after expiry of the Operation and Maintenance Period, or as soon after such date as

the Contractor has completed his obligations.

Only the Contract Completion Certificate shall be deemed to constitute final certification that the

Contractor has satisfactorily fulfilled all of his obligations under the Contract.



ADD THE FOLLOWING AFTER CLAUSE NO 126 OF GCC:

127. GENERAL DESIGN OBLIGATIONS

‘The Contractor shall carry out, and be responsible for, the design of the Works, including any site

surveys, subsoil investigations, materials testing, and all other things necessary for proper planning

and design.’

‘The Contractor will be required to establish a fully equipped design office located near site, within

14 days of receipt of the notice to commence to facilitate preparation and submission of designs,

drawings, construction documents, etc., for review and approval of designs by the Employer’s

Representative. The design office shall preferably be located near the Employer’s office to facilitate

communications and frequent interactions with the Employer’s Representative. The Contractor shall

provide full time design staff and continuously maintain the design office until such time as all

necessary designs and Construction Documents have been completed, reviewed and approved by the

Employer’s Representative.

The Contractor will be fully responsible to ensure that its designs, drawings and construction

documents satisfy the requirements for constructing Works that are complete and sufficient in all

respects, and satisfy the objectives of providing completed facilities that can be operated efficiently

and economically. No approval of, or failure to object to, the Contractor’s designs, drawings or

Construction Documents by the Employer’s Representative will relieve the Contractor of its

responsibility.’



128. CONTRACTORS DOCUMENTS

The Contractor shall submit, within 14 days of signing the Agreement, the proposed submission

and anticipated approval program (“Program”) of all necessary construction documents for

approval by the Employer’s Representative. Such Program shall be developed in order to

ensure availability of all construction documents on site in a timely manner essential for

systematic and professional management of all construction works. The Employer’s

Representative shall scrutinize, modify if required and approve such proposed Program, in

consultation with the Contractor. Nevertheless, any approval by the Employer’s

Representative, or failure to object to the proposed Program, will not relieve the Contractor of

any of its obligations or responsibility under the Contract. Construction shall not commence

until the Contractor receives from the Employer's Representative approval of the Construction

Documents relevant to the design and construction of such parts.’

The Contractor shall prepare all Contractor's Documents, and shall also prepare any other documents

necessary to instruct the Contractor's Personnel. The Employer's Personnel shall have the right to

inspect the preparation of all these documents, wherever they are being prepared.

If the Employer's Requirements describe the Contractor's Documents which are to be submitted to the

Employer's Representative for review leading to consent and/or for approval, they shall be submitted

accordingly, together with a Notice as described below. The Employer's Representative gives his

consent to a document when he is satisfied that the Contractor's Documents conform to the

Employer's Requirements. In the following provisions of this Sub-Clause, (i) "review period" means

the period required by the Employer's Representative for review leading to consent and (if so

specified) for approval, and (ii) "Contractor's Documents" exclude any documents which are not

specified as being required to be submitted for review leading to consent and/or for approval.

The Contractor's Documents which require approval from the Employer's Representative shall be as

listed in the Contract Data.

Unless otherwise stated in the Employer's Requirements or agreed with the Employer's

Representative, each review period shall not exceed 21 days, calculated from the date on which the

Employer's Representative receives a Contractor's Document and the Contractor's Notice. This

Notice shall state that the Contractor's Document is considered ready for review leading to either

approval (if so specified) or consent with regard to conformity with the Employer's Requirements, in

accordance with this Sub-Clause and for use. The Notice shall also state that the Contractor's

Document complies with the Contract, or the extent to which it does not comply.

The Employer's Representative may, within the review period, give Notice to the Contractor that

a Contractor's Document fails (to the extent stated) to conform with the Contract. If a Contractor's

Document so fails to conform, it shall be rectified, resubmitted and reviewed (and, if specified,

approved) in accordance with this Sub- Clause, at the Contractor's cost. If such re-submission

and review causes the Employer to incur additional costs, the Contractor shall, pay these costs to

the Employer.

For each part of the Works, and except to the extent that the prior approval or consent of the Employer's

Representative shall have been obtained:

(a) in the case of a Contractor's Document which has (as specified) been submitted for

the Employer's Representative's approval or consent:

(i) the Employer's Representative shall give Notice to the Contractor that the Employer's

Representative gives his consent that the Contractor's Document conforms with the

Employer's Requirements or is approved, or that it does not (to the extent stated) comply

with the Contract

(ii) execution of such part of the Works shall not commence until the Employer's

Representative has either approved or given his consent to the Contractor's Document;

and

(iii) the Employer's Representative shall be deemed to have approved the Contractor's

Documents or given his consent that the Contractor's Documents conform to the

Employer's Requirements upon the expiry of the review periods for all the Contractor's

Documents which are relevant to the design and execution of such part, unless the



Employer's Representative has previously notified otherwise in accordance with sub-

paragraph (i);

(b) execution of such part of the Works shall not commence prior to the expiry of the review

periods for all the Contractor's Documents which are relevant to its design and execution;

(c) execution of such part of the Works shall be in accordance with those Contractor's

Documents for which the Employer's Representative has given his consent as to the

conformity with the Employer's Requirements, (and, if specified, approved); and

(d) if the Contractor wishes to modify any design or document which has previously been

submitted for review (and, if specified, approval), the Contractor shall immediately give

Notice to the Employer's Representative, accompanied by a written explanation of the

need for such modification. Thereafter, the Contractor shall submit revised documents to the

Employer's Representative in accordance with the above procedure.

Any such consent and/or approval (where specified) (under this Sub-Clause o r otherwise) shall

not relieve the Contractor from any obligation or responsibility.

If the Employer's Representative reasonably instructs that further Contractor's Documents are

required, the Contractor shall prepare them promptly at his own cost. The Contractor undertake that

the design, the Contractor's Documents, the execution and the completed Works will be in

accordance with:

(a) the Laws of the Country; and

(b) the documents forming the Contract, as altered or modified by Variations.

128. Operation & Maintenance manuals

Prior to the commencement of the Commissioning Period, the Contactor shall supply to the Employer's

Representative two copies of all operation and maintenance manuals in sufficient detail for the Employer

to operate, maintain, dismantle, reassemble, adjust and repair the Plant and the Works. The Contractor

shall supply the balance of the required operation and maintenance manuals prior to the issue of the

Commissioning Certificate. The Works or any Section shall not be considered to be completed for the

purposes of issuing the Commissioning Certificate until the Employer's Representative has received

these documents.

129 CHANGES IN THE CONTRACTOR'S FINANCIAL SITUATION

If the Contractor becomes aware of any change in the Contractor's financial situation which will or could

adversely affect his ability to complete and fulfil all his obligations under the Contract, he shall

immediately give Notice to the Employer with detailed particulars. Within 28 days of receiving such

Notice, the Employer shall advise the Contractor of what action he intends to take and/or what action the

Employer requires the Contractor to take.

In any event, the Contractor shall provide the Employer annually with his audited financial statements

and reports.



CLAUSE 3 - DEFINITIONS

ADD THE FOLLOWING DEFINITIONS IN CLAUSE 3 – DEFINITIONS OF GCC:

1.1.1. "Accepted Contract Amount" means the amount accepted in the Letter of Acceptance for the

Design-Build of the Works and the provision of the Operation Service, including the amount of the

Asset Replacement Fund.

1.1.2. "Asset Replacement Fund" means the fund provided for under Sub- Clause -Asset Replacement

Fund

1.1.3. "Asset Replacement Schedule" means the schedule referred to in Sub-Clause Asset

Replacement Schedule prepared by the Contractor covering the identification and timing of asset

replacements.

1.1.4. "Auditing Body" means the independent and impartial body appointed to conduct the

Independent Compliance Audit in accordance with Sub- Clause -Independent Compliance Audit

1.1.5. "Base Date" means the date 28 days prior to the latest date for submission of the Tender.

1.1.6. "Commencement Date" means the date upon which the Contractor receives the notice to

commence the work issued by the Engineer

1.1.7. "Commercial Risk" means a risk which results in financial loss and/or time loss for either of the

Parties, where insurance is not generally or commercially available.

1.1.8. "Commissioning Certificate" means the certificate issued by the Employer's Representative

to the Contractor marking the end of the Design-Build Period under and the commencement of

the Operation Service Period

1.1.9. "Commissioning Period" means that period of time when commissioning tests are being

carried out.

1.1.10. "Contract" means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these

Conditions, the Employer's Requirements, the Schedules, the Contractor's Proposal, the Operating

Licence, and the further documents (if any) which are listed in the Contract Agreement or in the

Letter of Acceptance.

For the purposes of defining the different activities and obligations under the Contract, the

Contract comprised of a “Works Component” and an “O&M Component”, such

definitions are for convenience only and shall not affect the rights or obligations of the

Employer or the Contractor under the Contract.

“Works Component” means that portion of the Contract that refers to the design,

execution, completion, trial run, testing & commissioning of the Works within 18 months

from the date of issuance of the notice to proceed with respect to the construction Works by

the Employer and the remedying of any defects, within period of one (01) year from date of

commissioning at the Contractor’s own cost but excluding Operation and Maintenance of

the facilities (“O&M Component”) for the Operation and Maintenance Period, in

accordance with the provisions of the Contract.

“O&M Component” means that portion of the Contract that refers to the Operation and

Maintenance of the facilities for the Operation and Maintenance Period, as defined in the

Tender, but excluding the costs of design, execution, completion, trial run and

commissioning of the Works and the remedying of any defects, in accordance with the

provisions of the Contract.’

1.1.11. "Contract Agreement" means

Parties shall enter into a Contract Agreement within 28 days after the Contractor receives the



Letter of Acceptance, unless they agree otherwise. The Contract Agreement shall be based

upon the sample form included in the tender documents. The costs of stamp duties and similar

charges (if any) imposed by law in connection with entry into the Contract Agreement shall be

borne by the Employer.

1.1.12. "Contract Completion Certificate" means the certificate issued by the Employer's

Representative

1.1.13. "Contract Completion Date" means the date contained in the Contract Completion Certificate

as being the date on which the Operation Service has been completed.

1.1.14. "Contract Data" means the pages completed by the Employer entitled Contract Data which

constitute Part A of the Particular Conditions.

1.1.15. "Contract Period" means the Design-Build Period plus the Operation Service Period.

1.1.16. "Contract Price" means the price defined in Sub-Clause -The Contract Price, and includes

adjustments in accordance with the Contract.

1.1.17. "Contractor" means the person named as Contractor in the Letter of Tender accepted by the

Employer and the legal successors in title to this person.

1.1.18. "Contractor's Equipment" means all apparatus, machinery, vehicles and other things

required for the execution and completion of the Works and the remedying of any defects.

However, Contractor's Equipment excludes Temporary Works, Employer's Equipment (if any),

Plant, Materials and any other things intended to form or forming part of the Works.

1.1.19. "Contractor's Documents" means the calculations, computer programs and other

software, drawings, manuals, models and other documents of a technical nature supplied by the

Contractor under the Contract;

1.1.20. "Contractor's Proposal" means the document entitled proposal, which the Contractor

submitted with the Letter of Tender, as included in the Contract.

1.1.21. "Contractor's Personnel" means the Contractor's Representative and all personnel whom the

Contractor utilises on Site, including the staff, labour and other employees of the

Contractor and of each Subcontractor, and any other personnel assisting the Contractor in the

execution of the Works and provision of the Operation Service.

1.1.22. "Contractor's Representative" means the person named as such by the Contractor in the

Contract or appointed from time to time by the Contractor who acts on behalf of the Contractor.

1.1.23. "Cost" means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on

or off the Site, including overhead and similar charges, but does not include profit.

1.1.24. "Cost Plus Profit" means Cost plus the applicable percentage agreed and stated in the Contract

Data. Such percentage shall only be added where the Sub-Clause states that the Contractor is

entitled to Cost Plus Profit.

1.1.25. "Country" means the country in which the Site (or most of it) is located, where the Permanent

Works are to be executed.

1.1.26. "Cut-Off Date" means the date, at the end of a specified period stated in the Contract Data,

after the Time for Completion of the Design-Build or any extension thereto granted.

1.1.27. "DAB" means the person or three persons so named in the Contract, or other person(s) appointed .

1.1.28. "Day" means a calendar day.

1.1.29. "Design-Build" means all work to be performed by the Contractor under the Contract to design,

build, test and complete the Works and obtain the Commissioning Certificate.



1.1.30. "Design-Build Period" means the period from the Commencement Date to the date stated

in the Commissioning Certificate.

1.1.31. "Dispute" means any situation where (a) one Party makes a claim against the other Party;

(b) the other Party rejects the claim in whole or in part; and (c) the first Party does not acquiesce,

provided however that a failure by the other Party to oppose or respond to the claim, in whole or

in part, may constitute a rejection if, in the circumstances, the DAB or the arbitrator(s), as the case

may be, deem it reasonable for it to do so.

1.1.32. "Employer" means the person named as Employer in the Contract Data and the legal successors

in title to this person.

“Employer” means “Navi Mumbai Municipal Corporation.”

1.1.33. "Employer's Equipment" means the apparatus, machinery and vehicles (if any) made available

by the Employer for the use of the Contractor in the execution of the Works and/or the Operation

Service, as stated in the Employer's Requirements, but does not include Plant which has not

been taken over by the Employer.

1.1.34. "Employer's Personnel" means the Employer's Representative, the assistants and all other

staff, labour and other employees of the Employer's Representative and of the Employer; and

any other personnel notified to the Contractor, by the Employer or the Employer's Representative,

as Employer's Personnel.

1.1.35. "Employer's Representative" means the person appointed by the Employer to act as

Employer's Representative for the purposes of the Contract and named as such in the Contract

Data, or other person appointed from time to time by the Employer and notified as such to the

Contractor

1.1.36. "Employer's Requirements" means the document entitled Employer's Requirements, as included

in the Contract, and any additions and modifications made thereto in accordance with the Contract.

Such document specifies the purpose, scope, and/or design and/or other technical criteria for

the execution of the Works and provision of the Operation Service.

1.1.37. "Exceptional Event" means an event or circumstance which is (a) beyond a Party's control;

(b) which the Party could not reasonably have provided against before entering into the

Contract; (c) which having arisen, such Party could not reasonably have avoided or overcome; and

(d) which is not substantially attributable to the other Party.

1.1.38. Clause Not used

1.1.39. "Final Payment Certificate Design-Build" means the payment certificate issued for the Design-

Build.

1.1.40. "Final Payment Certificate Operation Service" means the payment certificate issued for the

Operation Service.

1.1.41. "Final Statement Design-Build" means the Statement defined in Final Payment Certificate of

Design-Build.

1.1.42. "Final Statement Operation Service" means the Statement defined in Sub-Clause - Application

for Final Payment Certificate Operation Service.

1.1.43. "Financial Memorandum" means the document which details the Employer's financial

arrangements and is attached to or forms part of the Employer's Requirements.

1.1.44. "Foreign Currency" means a currency in which part (or all) of the Contract Price is payable,

but not the Local Currency.

1.1.45. "Goods" means Contractor's Equipment, Materials, Plant and Temporary Works, or any



of them as appropriate.

1.1.46. "Interim Payment Certificate" means a payment certificate issued under Contract Price and

Payment, other than the Final Payment Certificates.

1.1.47. "Laws" means all national (or state) legislation, statutes, ordinances and other laws, and regulations

and by-laws of any legally constituted public authority.

1.1.48. "Letter of Acceptance" means the letter of formal acceptance, signed by the Employer, of the Letter

of Tender, including any annexed memoranda comprising agreements between and signed by both

Parties. If there is no such Letter of Acceptance, the expression "Letter of Acceptance" means the

Contract Agreement and the date of issuing or receiving the Letter of Acceptance means the date of

signing the Contract Agreement.

1.1.49. "Letter of Tender" means the document entitled Letter of Tender, which was completed by the

Contractor and includes the signed offer to the Employer for the execution of the Works and

provision of the Operation Service.

1.1.50. "Local Currency" means the currency of the Country-Indian Rupees.

1.1.51. "Maintenance Retention Fund" and "Maintenance Retention Guarantee"

mean the fund and guarantee respectively provided for Maintenance Retention Fund.

1.1.52. "Materials" means things of all kinds (other than Plant) whether on the Site or otherwise

allocated to the Contract and intended to form or forming part of the Works, including the

supply-only Materials (if any) to be supplied by the Contractor under the Contract.

1.1.53. "Notice" means a written communication identified as a Notice and issued.

1.1.54. "Operating Licence" means the licence by which the Employer grants a royalty-free licence to

the Contractor to operate and maintain the Works during the Operation Service.

1.1.55. "Operation Management Requirements" means the set of procedures and requirements,

provided by the Employer, included in the Employer's Requirements for the proper implementation

of the Operation Service.

1.1.56. "Operation and Maintenance Plan" means the plan for operating and maintaining the

facility, submitted by the Contractor, and agreed and included in the Contract.

1.1.57. "Operation Service" means the operation and maintenance of the facility as set out in the

Operation Management Requirements.

1.1.58. "Operation Service Period" means the period from the date stated in the Commissioning

Certificate to the date stated in the Contract Completion Certificate.

1.1.59. "Party" means the Employer or the Contractor, as the context requires.

1.1.60. "Performance Security" means the security under Sub-Clause -Performance Security.

1.1.61. "Permanent Works" means the permanent works to be designed, executed and operated by the

Contractor under the Contract.

1.1.62. "Plant" means the apparatus, machinery and vehicles intended to form or forming part of the

Permanent Works.

1.1.63. "Provisional Sum" means a sum (if any) which is specified in the Contract by the

Employer as a Provisional Sum, for the execution of any part of the Works or for the supply of

Plant, Materials or services.

1.1.64. "Rates and Prices" means the rates and prices inserted in the Schedules for the design,

execution and completion of the Works and for the provision of the Operation Service as

incorporated in the Contract.



1.1.65. "Retention Money" means the accumulated retention monies which the Employer retains.

1.1.66. "Retention Period" means the period of 1 year after the date stated in the Commissioning

Certificate for the completion of outstanding work.

1.1.67. "Risk of Damage" means a risk which results in physical loss or damage to the Works or other

property belonging to either Party, other than a Commercial Risk.

1.1.68. "Schedules" means the document(s) entitled Schedules, completed by the Contractor and

submitted with the Letter of Tender, as incorporated in the Contract. Such documents shall

include the Asset Replacement Schedule, and may also include data, lists, Schedules of

Payments and/or prices, and guarantees.

1.1.69. "Schedule of Payments" means those Schedules (if any) incorporated in the Contract showing

the manner in which payments are to be made to the Contractor.

1.1.70. "Section" means a part of the Works specified in the Contract Data as a Section (if any).

1.1.71. "Section C o m m i s s i o n i n g Certificate" means a certificate issued by the Employer's

Representative to the Contractor.

1.1.72. "Site" means the places where the Permanent Works are to be executed and to which Plant and

Materials are to be delivered, and where the Operation Service is to be provided, and any other

places as may be specified in the Contract as forming part of the Site.

1.1.73. "Statement" means a financial Statement submitted by the Contractor as part of an application,

for a payment certificate.

1.1.74. "Subcontractor" means any person named in the Contract as a subcontractor, or any person

appointed as a subcontractor, for a part of the Works; and the legal successors in title to each of

these persons.

1.1.75. "Tender” means the Letter of Tender and all other documents which the Contractor submitted

with the Letter of Tender, as incorporated in the Contract.

1.1.76. "Tests on Completion of Design-Build" means the tests which are specified in the

Contract or agreed by both Parties or instructed as a Variation, and which are to be carried

out under Clause –Testing before the Works or a Section (as the case may be) are deemed to be fit

for purpose as defined in the Employer's Requirements.

1.1.77. "Tests Prior to Contract Completion" means the tests (if any) which are specified in the

Contract and any other such tests as may be agreed by the Employer's Representative and the

Contractor or instructed as a Variation and which are to be carried out under Clause -Testing

before the expiry of the Contract Period.

1.1.78. "Time for Completion of Design-Build" means the time for completing the Design-Build or

a Section thereof (as the case may be) under Sub- Clause Time for Completion of Design-Build,

as stated in the Contract Data with any extension, calculated from the Commencement Date.

1.1.79. "Temporary Works" means all temporary works of every kind (other than Contractor's

Equipment) required on Site for the execution, completion and operation of the Works.

1.1.80. "Unforeseeable" means not reasonably foreseeable by an experienced contractor by the date for

submission of the Tender.

1.1.81. "Variation" means any change to the Employer's Requirements or the Works, which is

instructed or approved as a Variation.

1.1.82. "Works" means the Permanent Works and Temporary Works or either of them as appropriate and

the facility to be operated by the Contractor during the Operation Service Period.

1.1.83. "year" means 365 days.



DESIGN-BUILD



CLAUSE 3 - DEFINITIONS

ADD THE FOLLOWING DEFINITIONS IN CLAUSE 3 – DEFINITIONS:

1 DESIGN-BUILD

1.1 Commencement of Design-Build

The Contractor shall commence the design and execution of the Works within 28 days of the

Commencement Date, and shall then proceed with the Design-Build with due expedition and

without delay.

1.2 Time for Completion of Design-Build

The Contractor shall complete the whole of the Design-Build of the Works, and each Section (if

any), within the Time for Completion o f Design-Build of the Works or Section (as the case may

be) as set out in the Contract Data, including:

(a) passing the Tests on Completion;

(b) completing all work which is stated in the Contract; and

(c) Preparation and delivery to the Emplo yer ’s R ep re se n ta t i ve of Contractor’s

Documents.

1.3 Extension of Time for Completion of Design-Build

The Contractor shall be entitled, to an extension of the Time for Completion of Design-Build if

and to the extent that completion for the purposes of Completion of the Works and Sections is

or will be delayed by any of the following causes:

(a) a Variation (unless an adjustment to the Time for Completion of Design-Build has been agreed;

(b) a cause of delay giving an entitlement to extension of time under a Sub-Clause of these Conditions;

(c) exceptionally adverse climatic conditions;

(d) Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or

governmental actions; or

(e) any delay, impediment or prevention caused by or attributable to the Employer, the Employer's

Personnel, or the Employer's other contractors on the Site.

I f the Contractor considers himself to be entitled to an extension of the Time for Completion of

Design-Build, the Contractor shall give Notice to the Employer's Representative in accordance with

Sub-Clause Contractor's Claims. When determining each extension of time, the Employer's

Representative shall review previous determinations and may increase, but shall not decrease, the

total extension of time.

If a Dispute regarding an extension of time has been referred to the DAB, the Contractor shall

be immediately entitled to any extension of the Time for Completion of Design-Build which is

decided by the DAB

1.4 Delays Caused by Authorities

If the following conditions apply during the Design-Build Period, namely:

(a) the Contractor has diligently followed the procedures laid down by the relevant legally

constituted public and/or local authorities in the Country;

(b) these authorities delay or disrupt the Contractor's work; and

(c) the delay or disruption was Unforeseeable,then this delay or disruption will be considered

as a cause of delay.

1.5 Rate of Progress

If, in the opinion of the Employer's Representative, at any time during the Design-Build Period:

(a) actual progress is too slow to complete within the Time for Completion of Design-Build;



and/or

(b) progress has fallen (or will fall) behind the current programme,

other than as a result of a cause listed in Sub-Clause -Extension of Time for Completion of

Design-Build, then the Employer's Representative may instruct the Contractor to submit, under

Sub-Clause -Programme, a revised programme and supporting report describing the revised

methods which the Contractor proposes to adopt in order to expedite progress and complete within

the Time for Completion of Design-Build.

Unless the Employer's Representative notifies otherwise, the Contractor shall adopt these revised

methods, which may require increases in the working hours and/or in the numbers of

Contractor's Personnel and/or Goods, at the risk and cost of the Contractor. If these revised

methods cause the Employer to incur additional costs, the Contractor shall, subject to Sub-Clause -

Employer's Claims, pay these costs to the Employer, in addition to delay damages (if any) under

Sub-Clause -Delay Damages relating to Design-Build] below.

1.6 Delay Damages relating to Design-Build

If the Contractor fails to comply with Sub-Clause -Time for Completion of Design- Build, the

Contractor shall, subject to Sub-Clause -Employer's Claims, pay delay damages to the Employer

for this default. These delay damages shall be the amount stated in the Contract Data, which shall be

paid for every day which shall not exceed between the relevant Time for Completion and the

date stated in the commissioning Certificate. However, the total amount due under this

Sub-Clause shall/ not exceed the maximum amount of delay damages (if any) stated in the

Contract Data.

These delay damages shall be the only damages due from the Contractor for such default, other

than in the event of termination under Clause -Termination by Employer] prior to

completion of the Works. These damages shall not relieve the Contractor from his obligation

to complete the Design-Build and the Operation Service, or from any other duties, obligations

or responsibilities which he may have under the Contract.

1.7 Suspension of Work

The Employer's Representative may at any time instruct the Contractor to suspend progress of

part or all of the Works. During such suspension, the Contractor shall protect, store, secure and

maintain such part or the Works against any deterioration, loss or damage.

The Employer's Representative shall also notify the cause for the suspension. If and to the extent

that the cause is the responsibility of the Contractor, these Sub- Clauses shall not apply

(1) Consequences of suspension

(2) Payment for Plant and Materials in Event of Suspension

(3) Prolonged suspension

1.8 Consequences of Suspension

If, during the Design-Build Period, the Contractor suffers delay and/or incurs cost from complying

with the Employer's Representative's instructions under Sub-Clause -Suspension of Work and/or

from resuming the work, the Contractor shall give Notice to the Employer's Representative and shall

be entitled, subject to Sub-Clause- Contractor's Claims], to:


Clause -Extension of Time for Completion of Design-Build]; and

(b) payment of any such Cost, which shall be included in the Contract Price.

After receiving this Notice, the Employer's Representative shall proceed in accordance with Sub-

Clause- Determinations to agree or determine these matters.



The Contractor shall not be entitled to an extension of time for, or to payment of the Cost incurred

in, making good the consequences of the Contractor's faulty design, workmanship or materials, or

of the Contractor's failure to protect, store or secure in accordance with Sub-Clause- Suspension of

Work.

1.9 Payment for Plant and Materials in Event of Suspension

The Contractor shall be entitled to payment of the value (as at the date of suspension) of Plant and/or

Materials which have not been delivered to Site, if:

(a) the work on Plant or delivery of Plant and/or Materials has been suspended for more than 28

days; and

(b) the Contractor has marked the Plant and/or Materials as the Employer's property in

accordance with the Employer's Representative's instructions.

Payment for Plant and/or Materials made pursuant to this Sub-Clause shall, if requested by

the Employer's Representative, be subject to the production of satisfactory evidence by the

Contractor that the said Plant and/or Materials are fully owned by the Contractor and are not subject

to any retention of title by the supplier.

1.10 Prolonged Suspension

If the suspension under Sub-Clause -Suspension of Work has continued for more than 84 days,

the Contractor may request the Employer's Representative's permission to proceed. If the

Employer's Representative does not give permission within 28 days after being requested to do so,

the Contractor may, by giving Notice to the Employer's Representative, treat the suspension as an

omission under Clause -Variations and Adjustments of the affected part of the Works. If the

suspension affects the whole of the Works, the Contractor may give Notice of termination under

Sub-Clause-Termination by Contractor.

1.11 Resumption of Work

After the permission or instruction to proceed is given, the Contractor and the Employer's

Representative shall jointly examine the Works and the Plant and Materials affected by the

suspension. The Contractor sha l l make good any deterioration or defect in or loss of the Works

or Plant or Materials, which has occurred during the suspension. The Employer's Representative

shall make a written record of all making good required to be carried out by the Contractor.

1.12 Completion of Design-Build

The Design-Bui ld shall not be considered as complete until all of the following are achieved:

(a) The Works have been fully designed and executed in accordance with the

Employer's Requirements and other relevant provisions of the Contract;

(b) the Works have passed the Tests on Completion of Design-Build

(c) Contractor's Documents - As-Built Documents and Operation and Maintenance Manuals

have been supplied and approved by the Employer's Representative; and

(d) the Commissioning Certificate required under Sub-Clause -Commissioning Certificate

has been issued stating the date upon which the Design-Build has been completed and the Operation

Service shall commence.

1.13 Failure to Complete

Should the Contractor fail to complete the Design-Build prior to the Cut-Off Date, the Employer

may, at his sole option, either:

(a) permit the Contractor to continue the Design-Build for a further named period, with an

absolute right to re-apply this Sub-Clause in the event that the Contractor fails to



complete the Design-Build within the extended period; or

(b) terminate the Contract in accordance with Sub-Clause -Termination for Contractor's

Default and, if he so chooses, complete the work and subsequently execute the

Operation Service himself or by engaging others.

In either case, the Employer will be entitled to recover from the Contractor any direct loss incurred,

including any loss resulting from the delayed operation of the Works, subject to the limitations

contained in Sub-Clause -Delay Damages Relating to Design-Build and Sub-Clause -Limitation

of Liability.



OPERATION SERVICE



CLAUSE 3: DEFINITIONS

ADD THE FOLLOWING:

1 OPERATION SERVICE

1.1 General Requirements

The Contractor shall comply with the Operation Management Requirements as provided for in

the Contract and any revisions thereof which are agreed during the Contract Period.

The Contractor shall follow the requirements of the Operation and Maintenance Plan and the Operation

and Maintenance manual. No significant alteration to such arrangements and methods shall be made

without the prior approval of the Employer’s Representative.

During the Operation Service, the Contractor shall be responsible for ensuring that the Works

remain fit for the purposes for which they are intended.

The operators and maintenance personnel for the Works, including Plant operators, shall have the

appropriate experience and qualifications to perform the Operation Service. The names, with

details of their qualifications and experience, of all operation and maintenance personnel shall be

submitted to the Employer for approval, and no such personnel shall be engaged prior to receiving

such approval.

1.2 Commencement of Operation Service

U n l e s s otherwise stated in the Employer's Requirements, the commencement of the Operation

Service shall be from the date stated in the Commissioning Certificate issued under Sub-Clause -

Commissioning Certificate.

The Operation Service shall not commence until the Design-Build of the Works or any Sections has

been completed in accordance with Sub-Clause -Completion of Design-Build].

Should the Commissioning Certificate, or any Notice attached or pertaining thereto, contain

requirements or restrictions over and above those in the Contract, the Contractor shall comply

with such requirements and/or restrictions, and, to the extent that the Contractor suffers additional

Cost as a result, and subject to the provisions of Sub-Clause-Contractor's Claims, he shall be

reimbursed by the Employer unless such requirements or restrictions were as a result of a fault or

failure of the Contractor.

The Contractor shall thereafter provide the Operation Service in compliance with the Operation

Management Requirements.

If the Contractor wishes to modify a document which has previously been submitted and approved,

the Contractor shall immediately notify the Employer's Representative, and shall subsequently submit

revised document(s) to the Employer's Representative for review accompanied by a written

explanation of the need for such modification.

The Contractor shall not implement any proposed modification until such modification has been

reviewed by the Employer's Representative, and consent to proceed has been given in writing.

However, any such approval or consent, or any review (under this Sub- Clause or otherwise), shall not

relieve the Contractor from any obligation or responsibility.

1.3 Independent Compliance Audit

At least 182 days prior to the commencement of the Operation Service, the Employer and the

Contractor shall jointly appoint the Auditing Body to carry out an independent and impartial audit

during the Operation Service. The terms of appointment of the Auditing Body shall be included in

the Employer's Requirements, and the purpose will be to audit and monitor the performance of



both the Employer and the Contractor during the Operation Service in compliance with the

Operation Management Requirements. If the Parties cannot agree on the appointment of the

Auditing Body, the matter shall be referred to the DAB by the Parties. The DAB shall make the

appointment and notify the Parties accordingly.

The Auditing Body shall commence its duties on the same date as the Operation service

commences.

Payment of the Auditing Body shall be made from the Provisional Sum included in the Contract for

that purpose.

Both Parties shall cooperate with the Auditing Body and give due regard to the matters raised in

each report issued by the Auditing Body.

1.4 Delivery o f Raw M a t e r i a l s

The Employer shall be responsible for the free issue and supply and delivery to the Site (or other

designated place) of the raw materials, fuels, consumables and other such items specified in the

Employer's Requirements. The Employer shall be responsible that all such items are fit for

purpose and comply with the requirements of the Contract in respect of quality, purpose and

function.

In the event that any such item or product is not delivered in accordance with the agreed delivery

programme or deviates from the specified quality, and such delay or deviation causes the

Contractor to suffer additional cost, the Contractor shall be entitled to give due notice to the

Employer of the nature of the costs which he has incurred and, subject to -Contractor's Claims, be

entitled to recover his Cost Plus Profit.

The provisions of this Sub-Clause shall not apply in cases where delays are due to:

(a) breakdown, maintenance, repair, replacement or other operational failure under the responsibility

of the Contractor;

(b) health, safety and environmental risks carried by the Contractor; or

(c) any act or omission of the Contractor under the Contract.

1.5 Training

The Contractor shall carry out the training of Employer's Personnel in the operation and

maintenance of the Works to the extent specified in the Employer's Requirements.

The programme and scheduling of the training shall be agreed with the Employer, and the Contractor

shall provide experienced training staff, and all training materials as stated in the Employer’s

Requirements. The Employer shall be responsible for providing the training facilities and

nominating and selecting suitable personnel for training.

1.6 Delays a n d Interruptions during the Operation Service

Delays and interruptions during the Operation Service shall be agreed and determined as follows:

(a) Delays or Interruptions caused by the Contractor

If there are any delays or interruptions during the Operation Service which are caused by the

Contractor or by a cause for which the Contractor is responsible, the Contractor shall compensate the

Employer for any losses including loss of revenue, loss of profit and overhead losses. The amount of

compensation due shall be agreed or determined, and the Employer shall be entitled to recover the

amount due by making a corresponding deduction from the next payment due to the

Contractor. However, the total amount of compensation payable by the Contractor to the Employer

shall not exceed the amount stated in the Contract Data. There will be no extension of the period of

the Operation Service as a result of any such delay or interruption.

(b) Delays or Interruptions caused by the Employer



If there are any delays or interruptions during the Operation Service which are caused by the

Employer or by a cause for which the Employer is responsible, the Employer shall compensate

the Contractor for any cost and losses including loss of revenue and loss of profit. The amount

of compensation due shall be agreed or determined, and the Employer shall pay the amount due by

making a corresponding adjustment to the next payment due to the Contractor. In any event other

than in the case of election by the Employer to terminate for his convenience, the total amount

of compensation payable by the Employer to the Contractor shall not exceed the amount stated in

the Contract Data. There will be no extension of the period of the Operation Service as a result of

any such delay or interruption.

(c) Suspension by the Employer

The Employer's Representative may at any time during the Operation Service instruct the Contractor

to suspend progress of the Operation Service. During such suspension, the Contractor shall protect,

store, secure and maintain the Plant against any deterioration, loss or damage.

If the need to suspend the Operation Service by the Employer is due to any failure of the

Contractor or circumstances for which the Contractor is responsible under the Contract, the

provisions of paragraph (a) of this Sub- Clause shall apply.

If the need to suspend the Operation Service is a result neither of any failure by the Contractor nor of

circumstances for which the Contractor is responsible under the Contract, the provisions of

paragraph (b) of this Sub-Clause shall apply.

If a suspension, which is due neither to any failure by the Contractor nor to circumstances for

which the Contractor is responsible under the Contract, has continued for more than 84 days, the

Contractor may request the Employer's Representative's permission to proceed. If the Employer's

Representative does not give permission within 28 days after being requested to do so, the

Contractor may give Notice of .

After the permission or instruction to proceed is given, the Contractor and the Employer's

Representative shall jointly examine the Works. The Contractor shall make good any deterioration

or defect in the Plant and the Employer's Representative shall make a written record of all making

good required to be carried out by the Contractor. If the suspension is due neither to any failure by

the Contractor nor to circumstances for which the Contractor is responsible under the Contract,

the Contractor shall be entitled to be paid the Cost Plus Profit of making good the Works prior

to re-commencing the Operation Service.

1.7 Failure to Reach Production Outputs

In t h e event that the Contractor fails to achieve the production outputs required under the Contract,

the Parties shall jointly establish the cause of such failure.

(a) If the cause of the failure lies with the Employer or any of his servants or agents, then, after

consultation with the Contractor, the Employer shall give written instruction to the

Contractor of the measures which the Employer requires the Contractor to take.

If the Contractor suffers any additional cost as a result of the failure or the measures

instructed by the Employer, the Employer shall pay the Contractor his Cost Plus Profit.

(b) If the cause of the failure lies with the Contractor then, after due consultation with the

Employer, the Contractor shall take all steps necessary to restore the output to the levels

required under the Contract.

If the Employer suffers any loss as a result of the failure or the measures taken by the Contractor,

the Contractor shall pay the Employer the performance damages specified in the Contract Data.

Unless otherwise stated in the Contract Data, if the failure continues for a period of more than 84

days and the Contractor is unable to achieve the required production output, the Employer may



either:

(i) continue with the Operation Service at a reduced level of compensation determined,

(ii) if the production outputs fail to reach the minimum values required in the Contract

Data, give Notice to the Contractor not less than 56 days prior to terminating the

Contract. In such a n event, the Employer shall be free to continue the Operation

Service himself or by others.

1.8 Completion of Operation Service

Unless the Parties have mutually agreed to prolong the Operation Service, the obligation of the

Contractor to operate and maintain the Plant under the Operation Service shall cease at the end of

the period stated in the Contract as the Operation Service Period.

Notwithstanding the foregoing, other services to be performed by the Contractor must be completed

before the Contractor will be entitled to receive the Contract Completion Certificate .

Pre-conditions which must be fulfilled by the Contractor before the Contractor Completion Certificate

will be issued are:

(a) Joint Inspection Prior to Contract Completion;

(b) Testing

(c) Updating Operation and Maintenance manuals providing performance records and data and

(d) Remedying defects found during inspection.

1.9 Ownership of 0utput and Revenue

During the Operation Service, any production output and revenue shall be the exclusive property of the

Employer.



EXCEPTIONAL RISKS



CLAUSE 3: DEFINITIONS

ADD THE FOLLOWING:

1 EXCEPTIONAL RISKS

1.1 Exceptional Risks

An exceptional risk is a risk arising from an Exceptional Event which includes, but is not limited

to:

(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies;

(b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, within

the Country;

(c) riot, commotion or disorder within the Country by persons other than the Contractor's

Personnel and other employees of the Contractor and Subcontractors;

(d) strike or lockout not solely involving the Contractor's Personnel and other employees of

the Contractor and Subcontractors;

(e) munitions of war, explosive materials, ionising radiation or contamination by radio-activity,

within the Country, except as may be attributable to the Contractor's use of such

munitions, explosives, radiation or radio-activity; and natural catastrophes such as

earthquake, hurricane, typhoon or volcanic activity which are Unforeseeable or against

which an experienced contractor could not reasonably have been expected to have taken

adequate preventative precautions.

1.2 Notice of an Exceptional Event

If a Party is or will be prevented from performing any of its obligations under the Contract due to an

Exceptional Event, then it shall give Notice to the other Party of such event or circumstance and shall

specify the obligations, the performance of which is or will be prevented. The Notice shall be given

within 14 days after the Party became aware, or should have become aware, of the event or

circumstance constituting an Exceptional Event.

The Party shall, having given Notice, be excused performance of such obligations for so long as such

Exceptional Event prevents it from performing them.

Notwithstanding any other provision of this Clause, the obligations of either Party to make payments

to the other Party under the Contract shall not be excused by an Exceptional Event.

1.3 Duty to Minimize Delay

Each Party shall at all times use all reasonable endeavors to minimise any delay in the performance of

the Contract as a result of an Exceptional Event.

A Party shall give Notice to the other Party when it ceases to be affected by an Exceptional Event.

1.4 Consequences of an Exceptional Event

If the Contractor is prevented from performing any of his obligations under the Contract due

to an Exceptional Event of which Notice has been given and suffers delay and/or incurs cost by

reason of such Exceptional Event, the Contractor shall be entitled, to:


Clause -Extension of Time for Completion of Design-Build; and

(b) if the event or circumstance is of the kind described in sub-paragraphs (a) to (e) of Sub-Clause

- [Exceptional Risks] and, in the case of sub-paragraphs (b) to (e), occurs in the Country,

payment of any such Cost.

If the Exceptional Event occurs during the Operation Service Period, sub-paragraph

(a) of this Sub-Clause will not apply.

After receiving this Notice, the Employer's Representative shall proceed to agree or determine these

matters.



1.5 Optional Termination, Payment and Release

If the execution of substantially all the Works in progress is prevented for a continuous period of 84

days by reason of an Exceptional Event of which Notice has been given, or for multiple periods

which total more than 140 days due to the same notified Exceptional Event, then either Party may

give to the other Party a Notice of termination of the Contract. In this event, the termination shall

take effect 7 days after the Notice is given, and the Contractor shall proceed.

Upon such termination, the Employer's Representative shall determine the value of the

work done and issue a payment certificate which shall include:

(a) The amounts payable for any work carried out for which a price is stated in the Contract

(b) The cost of plant and Materials ordered for the works which have been delivered to the

Contractor, or of which the Contractor is liable to accept delivery. This Plant and

Materials shall become the property of (and be at the risk of) the Employer when paid for by

the Employer, and the Contractor shall place the same at the Employer's disposal;

(c) any other Cost or liability which in the circumstances was reasonably incurred by the

Contractor in the expectation of completing the Works;

(d) the Cost of removal of Temporary Works and Contractor's Equipment from the Site and the

return of these items to the Contractor's works in his country (or to any other destination at

no greater cost); and

(e) the Cost of repatriation of the Contractor's staff and labour employed wholly in connection

with the Works at the date of termination.

1.6 Release from Performance under the Law

Notwithstanding any other provision of this Clause, if any event arises outside the control of the

Parties (including, but not limited to, an Exceptional Event) which makes it impossible or unlawful

for either or both Parties to fulfil its or their contractual obligations or which, under the law

governing the Contract, entitles the Parties to be released from further performance of the Contract,

then upon Notice by either Party to the other Party of such event:

(a) the Parties shall be discharged from further performance, without prejudice to the rights of

either Party in respect of any previous breach of the Contract; and

(b) the sum payable by the Employer to the Contractor shall be the same as would have been

payable if the Contract had been terminated under that Sub-Clause.



CONTRACT PRICE AND PAYMENT



CLAUSE NO 27 of OPERATION & MANINTANANCE WORKS CONDITIONS OF

CONTRACT : CONTRACT PRICE AND PAYMENT

ADD THE FOLLOWING

1.1 ADVANCE PAYMENT

Clause Not used.

1.2 Application for Advance and Interim Payment Certificates

When submitting the advance payment guarantee required, the Contractor shall include his

application for the advance payment.

The Contractor shall thereafter submit a Statement in one original and five copies to the Employer's

Representative after the end of each month (unless otherwise stated in the Contract), in a form

approved by the Employer's Representative, showing in detail the amounts to which the Contractor

considers himself to be entitled, together with supporting documents.

The Statement shall include the following items, as applicable, which shall be expressed in the

various currencies in which the Contract Price is payable:

(a) the estimated contract value of the Works executed and the Contractor's Documents produced

up to the end of the month (including Variations but excluding items described in sub-paragraphs

(b) to ( i ) below);

(b) any amounts to be added and deducted for changes in legislation, changes in cost and changes in

technology,

(c) any amount to be deducted for retention, calculated by applying the

percentage of retention stated in the Contract Data to the total of the above amounts, until the

amount so retained by the Employer's Representative reaches the limit of Retention Money (if

any) stated in the Contract Data;

(d) any amounts to be added and deducted for the advance payment and repayments

(e) any amounts to be added and deducted for Plant and Materials in accordance; any amounts due for

Plant, Materials or services purchased by the Contractor under Sub-Provisional Sums;

(g) amounts due for the Operation Service;

(h) amounts due from the Asset Replacement Fund;

(i) adjustments due for the Maintenance Retention Fund;

U) any other additions or deductions which may have become due under the Contract or otherwise,

and

(k) the deduction of amounts certified in all previous Interim Payment Certificates.

‘(l) Payment for the interim bills shall be on the basis of recording measurements like levels,

length etc. taken jointly by contractor and employer’s representative and engineer in charge

before work commencement and after its entire completion. Major items like Excavation of all

components, Providing & laying of pipes, Construction of pumping station, compound walls

etc. will be paid for quantities recorded in jointly.

(m) The contractor shall make available surveyor and software with minimum one number of

Dual frequency DGPS with star fire subscription coupled with two numbers of Total station

and Terrestrial Laser Land Scanner.

(n) The excavated material will be calculated based on levels taken by hydro graphic

survey/total station survey (Volumetric calculations on LBO basis). For any material royalty

payable shall be responsibility of contractor. The contractor shall indemnify employer and its

representative of any liability arising out of this.

(o)The Contractor shall be required to take sufficient nos. of coloured photographs at their

own cost with Camera having date printing arrangements along the length or as directed by

the Engineer’s representative before commencing the work and equal Nos. After completion



of work and during progress of the work at the same locations of initial set of photographs.

Contractors shall submit the photos to the Engineer-in charge in the Albums and in soft

format for proper records as directed.

(p)The contractor shall be required to take video shooting at his own cost along the stretch of

his work as directed by Engineer-in charge before commencing the work, during the progress

of work and after completion of the work.

(q) Project Director or Person nominated by him shall verify the utilisation of the fund paid

by the Employer towards advanced payments and interim payments till date through auditing

the bank statements provided by the Contractor before making subsequent interim payments.’

1.3 Schedule of Payments

If the Contract includes a Schedule of Payments for the Design-Build Period and/or the Operation

Service Period specifying the instalments in which the Contract Price and/or the Rates and Prices

will be paid, then, unless otherwise stated in this Schedule:

(a) the installments quoted in the Schedule of Payments shall be the estimated values for the

purposes of Application for Advance and Interim Payment Certificates;

(b) Payment for Plant and Materials intended for the Works shall not apply; and

(c) if these installments are not defined by reference to the actual progress achieved in

executing the Works, and if actual progress is found to differ from that on which the

Schedule of Payments was based, then the Employer's Representative may proceed to

agree or determine revised installments which shall take account of the extent to which

progress differs from that on which the installments were previously based.

If the Contract does not include a Schedule of Payments for the Design-Build Period and/or the

Operation Service Period, the Contractor shall submit non-binding estimates of the payments

which he expects to become due during each quarterly period. The first estimate shall be submitted

within 42 days after the Commencement Date. Revised estimates shall be submitted at quarterly

intervals until the Contract Completion Certificate has been issued.

1.4 Asset Replacement Schedule

Payments from the Asset Replacement Fund shall be made in accordance with the provisions of Asset

Replacement Fund.

On no account will payments be made for assets replaced which are not identified in the Asset

Replacement Schedule unless they have been instructed as a Variation under Clause Variations and

Adjustments.

If Assets are replaced in advance of the date given in the Asset Replacement Schedule, payment

will not be released until the date stated in the Schedule has been reached.

If Assets are not replaced on or before the scheduled date, payment will not be released until such

replacements have been effected.

Any monies remaining in the Asset Replacement Fund at the time of issue of the Contract

Completion Certificate will be disbursed between the Parties as described in Sub-Clause Asset

Replacement Fund.

1.5 Payment for Plant and Materials intended for the Works

If this Sub-Clause applies, Interim Payment Certificates shall include Application for Advance and

Interim Payment Certificates, (i) an amount for Plant and Materials which have been sent to the Site

for incorporation in the Permanent Works, and (ii)a reduction when the contract value of such Plant

and Materials is included as part of the Permanent Works

If the lists referred to in sub-paragraphs (b)(i) or (c)(i) below are not included in the Contract Data,

this Sub-Clause shall not apply.

The Employer's Representative shall determine and certify each addition if the following



conditions are satisfied:

(a) the Contractor has:

(i) kept satisfactory records (including the orders, receipts, costs and use of Plant and

Materials) which are available for inspection; and

(ii) submitted a statement of the cost of acquiring and delivering the Plant and Materials

to the Site, supported by satisfactory evidence; and either:

(b) the relevant Plant and Materials:

(i) are those listed in the Contract Data for payment when shipped;

(ii) have been shipped to the Country, en route to the Site, in accordance with the Contract;

and

(iii) are described in a clean shipped bill of lading or other evidence of shipment, which

has been submitted to the Employer's Representative together with evidence of payment

of freight and insurance, any other documents reasonably required, and a bank guarantee

in a form and issued by an entity approved by the Employer in amounts and

currencies equal to the amount due under this Sub-Clause. This guarantee may be in

a similar form to the form referred to in Advance Payment and shall be valid until the

Plant and Materials are properly stored on Site and protected against loss, damage

or deterioration; or

(c) (c) the relevant Plant and Materials:

(i) are those listed in the Contract Data for payment when delivered to the Site; and

(ii) have been delivered to and are properly stored on the Site, are protected against loss,

damage or deterioration, and appear to be in accordance with the Contract.

The additional amount to be certified shall be the equivalent of eighty percent (80%) of the

Employer's Representative determination of the cost of the Plant and Materials (including delivery to

Site), taking account of the documents mentioned in this Sub- Clause and of the contract value of the

Plant and Materials.

The currencies for this additional amount shall be the same as those in which payment will become due

when the contract value is included under sub-paragraph (a) of Sub- Clause -Application for Advance

and Interim Payment Certificates. At that time, the Interim Payment Certificate shall include the

applicable reduction which shall be equivalent to, and in the same currencies and proportions as, this

additional amount for the relevant Plant and Materials.

1.6 Issue of Advance and Interim Payment Certificates

No amount will be certified or paid until the Employer has received and approved the Performance

Security provided for Performance Security. Upon receipt of the Contractor's application for the

advance payment, the Employer's Representative shall, within 14 days of receiving the

application, issue to the Employer an Interim Payment Certificate in respect of such payment, with

a copy to the Contractor. Thereafter, in respect of interim payment applications the Employer's

Representative shall, within 28 days after receiving a Statement and supporting documents, issue

to the Employer an Interim Payment Certificate which shall state the amount which the Employer's

Representative fairly determines to be due, with supporting particulars, and shall include any amounts

due to or from the Contractor in accordance with a decision by the DAB .

However, prior to issuing the Commissioning Certificate, the Employer's Representative

shall not be bound to issue an Interim Payment Certificate in an amount which would (after

retention and other deductions) be less than the minimum amount of Interim Payment

Certificates (if any) stated in the Contract Data. In the event, the Employer's Representative shall

give Notice to the Contractor accordingly

An interim Payment Certificate shall not be withheld for any other reason, although:

(a) if anything supplied or work done by the Contractor is not in accordance with the Contract,

the cost of rectification or replacement may be withheld until rectification or replacement

has been completed; and/or

(b) if the Contractor was or is failing to perform any work or obligation in accordance

with the Contract, and had been so notified by the Employer's Representative, the value of



this work or obligation may be withheld until the work or obligation has been performed.

The Employer's Representative may in any Payment Certificate make any correction or modification

that should properly be made to any previous Payment Certificate. An Interim Payment Certificate shall

not be deemed to indicate the Employer's Representative's acceptance, approval, consent or

satisfaction of the Works.

1.7 Payment

The Employer shall pay to the Contractor:

(a) the advance payment within 21 days after receiving the documents in accordance

with Sub-Clause - Performance Security and Sub-Clause -Advance Payment and the

Payment Certificate for the advance payment issued in accordance with Sub-Clause -

Issue of Advance and Interim Payment Certificates

(b) the amount certified in each Interim Payment Certificate within 56 days after the Employer's

Representative receives the corresponding Statement and supporting documents, including any

amounts due in accordance with a decision by the DAB which have been included in the

Interim Payment Certificate; and

(c) the amounts certified in the Final Payment Certificate Design-Build and the Final Payment

Certificate Operation Service within 56 days after the Employer receives each such

Final Payment Certificate, including any amounts due in accordance with a decision by the

DAB which have been included in the Final Payment Certificate.

Payment of the amount due in each currency shall be made into the bank account, nominated by the

Contractor, in the payment country (for this currency) specified in the Contract.

1.8 Delayed Payment

If the Contractor does not receive payment, the Contractor shall be entitled to receive financing

charges compounded monthly on the amount unpaid during the period of delay. This period shall be

deemed to commence on the date for payment specified, irrespective (in the case of its sub-

paragraph (b) of the date on which any Interim Payment Certificate is issued.

Unless otherwise stated in the Contract Data, these financing charges shall be calculated at the

annual rate of three percentage points above the discount rate of the central bank in the country of the

currency (or currencies if more than one) of payment, and shall be paid in such currencies.

The Contractor shall be entitled to this payment without formal Notice or certification, and without

prejudice to any other right or remedy.

1.9 Payment of Retention Money

‘Payment shall be restricted to 90% of the quoted price up to completion of erection, construction,

testing, commissioning and completion of works. Remaining 10% will be payable in equal yearly

instalment in 15 years (operation and maintenance period).’

1.10 Application for Final Payment Certificate Design-Build

Within 28 days after the end of the Retention Period, the Contractor shall submit to the Employer's

Representative one original and five copies of the Final Statement Design-Build with supporting

documents showing:

(a) the value of all work done in respect of the Design-Build; and

(b) any further sums which the Contractor considers to be due to him under the

Contract in respect of the Design-Build.

Together with the Final Statement Design-Build, the Contractor shall submit a written undertaking that

the Statement is in full and final settlement of all matters under or in connection with the Contract

relating to the Design-Build.



If the Employer's Representative disagrees with or cannot verify any part of the Final Statement

Design-Build, the Employer's Representative and the Contractor shall attempt to agree such matters, and

the Contractor shall re-submit his Final Statement based on the agreement with the Employer's

Representative. The Employer's Representative shall then issue a Final Payment Certificate Design-

Build under Sub-Clause -Issue of Final Payment Certificate Design-Build , for the agreed amount. If

the Parties cannot agree on such matters, or if the Contractor has failed to submit his application for

payment within the said 28 days, the Employer's Representative shall issue an Interim Payment

Certificate under Sub-Clause -Issue of Advance and Interim Payment Certificates, for the amount

which he considers to be due to the Contractor. If the Contractor is dissatisfied with the amount

certified, he may refer the matter to the DAB for a decision.

1.11 Issue of Final Payment Certificate Design-Build

Within 28 days of receiving the Final Statement Design-Build, or the resubmitted Final Statement (as

the case may be), and the written undertaking from the Contractor in accordance with Application

for Final Payment Certificate Design- Build], the Employer's Representative shall issue to the

Employer, with a copy to the Contractor, the Final Payment Certificate Design-Build stating:

(a) the amount which is finally due for the Design-Build; and

(b) after giving credit to the Employer for all amounts previously paid by the Employer and all

sums to which the Employer is entitled in respect of the Design-Build, the balance (if any) due

from the Employer to the Contractor or from the Contractor to the Employer, as the case may be.

Upon receipt of the Final Payment Certificate Design-Build, the Employer shall pay the Contractor the

amount, if any.

1.12 Application for Final payment Certificate Operation Service

Within 56 days after receiving the Contract Completion Certificate, the Contractor shall

Certificate submit to the Employer',s Representative one original and five copies of the Final settlement

Operation Service with supporting documents showing:

(a) the value of all work done in respect of the Operation Service including authorised

expenditure from the Asset Replacement Fund; and

(b) any further sums which the Contractor considers to be due to him under the Contract

including any unused monies from the Maintenance Retention Fund.

Together with the Final Statement Operation Service, the Contractor shall submit a written

discharge.

1.13 Discharge

When submitting the Final Statement Operation Service, the Contractor shall submit a written discharge

which confirms that the total of the Final Statement Operation Service, together with the Final Statement

Design-Build submitted according to Sub-Clause -Application for Final Payment Certificate Design-

Build, represents full and final settlement of all monies due to the Contractor under or in connection

with the Contract. This discharge may state that it becomes effective only after payment due under the

Final Payment Certificate Operation Service has been made and the Performance Security referred to in

Sub-Clause -Performance Security, has been returned to the Contractor.

1.14 Issue of Final Payment Certificate Operation Service

Within 28 days of receiving the Final Statement Operation Service and the written discharge from

the Contractor in accordance with Sub-Clause -Application for Final Payment Certificate

Operation Service and Sub-Clause -Discharge respectively, the Employer's Representative shall

issue to the Employer, with a copy to the Contractor, the Final Payment Certificate Operation Service

stating:

(a) the amount which is finally due for the Operation Service; and

(b) the amount which is finally due for the Contract; and



(C ) after giving credit to the Employer for all amounts previously paid by the Employer and

all sums to which the Employer is entitled in respect of the Contract, the balance (if any)

due from the Employer to the Contractor or from the Contractor to the Employer, as the case

may be.

If the Employer's Representative disagrees with or cannot verify any part of the Final Statement

Operation Service, the Employer's Representative and the Contractor shall attempt to agree such

matters, and the Employer's Representative shall issue a Final Payment Certificate Operation Service

for the agreed amount. If the Parties cannot agree on such matters, the Employer's Representative

shall issue a Final Payment Certificate Operation Service for the amount which he considers to be

due to the Contractor. If the Contractor is dissatisfied with the amount certified, he may refer the

matter to the DAB for a decision.

Upon receipt of the Final Payment Certificate Operation Service, the Employer shall pay the

Contractor.

1.15 Cessation of Employer's Liability

The Employer shall not be liable to the Contractor for any matter or thing under or in connection with

the Contract or execution of the Works, except to the extent that the Contractor shall have included

an amount expressly for it in the Final Statement Design-Build or the Final Statement Operation

Service.

However, this Sub-Clause shall not limit t h e Employer's liability under his indemnification

obligations, or the Employer's liability in any case of fraud, deliberate default or reckless misconduct

by the Employer.

Furtherer more, if the Contractor has not submitted any matter to the Dispute Adjudication

Board , within 56 days of receiving notification from the Employer's Representative of the amounts

included for payment in either the Final Certificate Design-Build or the Final Certificate Operation

Service, then he will be deemed to have accepted the amounts so certified, and the Employer shall

be deemed to have no further liability to the Contractor, subject only to that payment due under the

Final Payment Certificate Operation Service has been made and that the Performance Security has

been returned to the Contractor.

1 . 1 6 Asset Replacement Fund

The Asset Replacement Fund is to provide the necessary funding for the replacement of items of Plant

identified in the Asset Replacement Schedule as required for the continued efficient operation of the

Works for the duration of the Operation Service Period.

In each application for an Interim Payment Certificate during the Operation Service Period made

in accordance with Sub-Clause -Application for Advance and Interim Payment Certificates, the

Contractor shall be entitled to include any monies from the Asset Replacement Fund which,

according to the Asset Replacement Schedule, have become due following the replacement of the

scheduled items by the Contractor. Under no circumstances will the amount payable from the

Asset Replacement Fund be increased from the amount due according to the Asset

Replacement Schedule, irrespective of the value or amount of replacements which have been made.

For any items which have not been replaced by the date or other operational milestone identified in

the Asset Replacement Schedule, payment will not leased until such replacement has been effected.

In the event that there is money remaining in the Asset Replacement Fund upon completion of

the Contract due to planned replacements, which by mutual agreement of the Parties, are not required

or used, such amount shall be shared equally between the Parties, and the Contractor shall be entitled

to include his share of such amount in his Application for Final Payment Certificate Operation Service

made.

The Asset Replacement Fund shall not cover the cost of:

(a) routine maintenance items associated with the correction of defects;

(b) replacement of Plant and Material which have a life expectancy of less than five years;



(c) providing spares between scheduled dates for major plant replacement; or

(d) the replacement of Plant and Materials which are not identified in the Asset

Replacement Schedule.

The cost of meeting the requirements of sub-paragraphs (a) to (d) above shall be borne by the

Contractor and be deemed to be included in the Contract Price.

The Contractor shall give Notice to the Employer's Representative at least 28 days prior to his intention

to replace any item of Plant identified in the Asset Replacement Schedule.

The Employer shall authorize release of funds from the Asset Replacement Fund in accordance with

the amounts certified by the Employer's Representative in each applicable Interim Payment

Certificate. Funds will only be disbursed from the Asset Replacement Fund to the values and in

accordance with the time scales for replacement identified in the Asset Replacement Schedule.

Where items of Plant require replacement at times earlier than the scheduled replacement times given

in the Asset Replacement Schedule, the appropriate funds shall not be released until the scheduled

replacement date has been reached.

If the Contract Price is subject to adjustments for changes in cost according to Sub- Clause-

Adjustments for Changes in Cost, the amounts due from the Asset Replacement Fund shall be

adjusted on the same basis as other costs.

In the event of a termination of the Contract, any amount remaining in the Asset Replacement Fund,

including any accrued interest, shall be deemed to be to the account of the Employer and shall not be

disbursed to the Contractor.

1.17 Maintenance Retention Fund

During the Operation Service Period, a Maintenance Retention Fund shall be created by deducting five

percent (5%) from the value of each interim payment, determined by the Employer's Representative,

due to the Contractor, commencing with the first payment following the issue of the Commissioning

Certificate, and continuing until the last Interim Payment Certificate is issued or until the amount

in the Maintenance Retention Fund has reached the value (if any) stated in the Contract Data,

whichever is the earlier. If the Contractor so chooses, the Maintenance Retention Fund may be

replaced by a Maintenance Retention Guarantee in a form and with an entity approved by the Employer.

However, the value of the Guarantee shall not exceed the maximum amount o f the Maintenance

Retention Fund stated in the Contract Data. The contractor shall ensure that the Maintenance

Retention Guarantee remains valid and in force until the issue of the Contract Completion Certificate.

If the maintenance required under the Contract has not been carried out, the employer may, after

giving due Notice to the Contractor, carry out such maintenance himself and apply any amounts standing

to the credit of the Maintenance Retention Fund in so doing. Where such amounts are insufficient to

cover the Employer's whole costs of carrying out the maintenance, the unrecovered costs shall be set off

against any payment due to the Contractor under the Contract, or to the extent that no such payment is

due, shall become a debt due by the Contractor to the Employer.

Following the issue of the Contract Completion Certificate, all funds remaining in the Maintenance

Retention Fund shall be included in the Final Payment Certificate Operation Service and paid to the

Contractor with the final payment.



RISK ALLOCATION

CLAUSE NO 36 OF OPERATION & MANINTANANCE WORKS CONDITIONS OF CONTRACT :

RISKS

ADD THE FOLLOWING:

1 RISK ALLOCATION

1.1 The Employer's Risks during the Design-Build Period

the risks allocated to the Employer and for which the Employer is liable during the Design-Build

Period are divided into:

(a) The Employer's Commercial Risks, which are:

(i) the financial loss, delay or damage allocated to the Employer under the Contract or for which

the Employer is liable by law, unless otherwise modified under the Contract;

(ii) the right of the Employer to construct the Works or any part thereof on, over, under, in or

through the Site;

(iii) the use or occupation of the Site by the Works or any part thereof, or for the purpose of

design, construction or completion of the Works other than the abusive or wrongful use by

the Contractor; and

(iv) the use or occupation by the Employer of any part of the Permanent

Works, except as may be specified in the Contract;

and

(b) The Employer's Risks of Damage, which are:

(i) damage due to any interference, whether temporary or permanent, with any right of way,

light, air, water or other easement (other than that resulting from the Contractor's method

of construction) which is the unavoidable result of the construction of the Works in

accordance with the Contract;

(ii) fault, error, defect or omission in any element of the design of the Works by the Employer or

which may be contained in the Employer's Requirements, other than design carried out by the

Contractor pursuant to his obligations under the Contract;

(iii) any operation of the forces of nature (other than those allocated to the Contractor in the

Contract Data) against which an experienced contractor could not reasonably have been

expected to have taken adequate preventative precautions; and

(iv) The Exceptional Risks

1.2 The Contractor's Risks during the Design-Build Period

the risks allocated to the Contractor and for which the Contractor is liable during the

Design- Build Period are all the risks other than those listed under Sub-Clause-[The

Employer's Risks during the Design-Build Period]. including the care of both the

Works and the Goods.

1.3 The Employer's Risks during the Operation Service Period

the risks allocated to the Employer and for which the Employer is liable during the

Operation Service Period are divided into:

(a) The Employer's Commercial Risks, which are:

and

(i) the financial loss, delay or damage allocated to the Employer under the Contract



or for which the Employer is liable by law, unless otherwise modified under the

Contract;

(ii) the use or occupation by the Employer of any part of the Permanent

Works, except as may be specified in the Contract; and

(iii) the use or occupation of the Site by the Works or any part thereof, or for the purpose

of operating and maintaining the Permanent Works;

(b) The Employer's Risks of Damage, which are:

(i) damage due to any interference, whether temporary or permanent, with any right of

way, light, air, water or other easement (other than that resulting from the

Contractor's methods of operation and maintenance) which is the unavoidable

result of operating and maintaining the Permanent Works in accordance with the

Contract;

(ii) fault, error, defect or omission in any element of the design of the Works by the

Employer or which may be contained in the Employer's Requirements, other

than design carried out by the Contractor pursuant to his obligations under the

Contract;

(iii) any operation of the forces of nature against which an experienced contractor

could not reasonably have been expected to have taken adequate preventative

precautions; and

(iv) The Exceptional Risks

1.4 The Contractor's Risks during the Operation Service Period

the risks allocated to the Contractor and for which the Contractor is liable during the

Operation Service Period are:

(a) all risks resulting or arising from the design (excluding any design allocated to the

Employer or construction of the Works, or the Materials used therein, notwithstanding

any testing carried out by or approved or witnessed by the Employer or the

Employer's Representative during the Design-Build Period; and

(b) all risks resulting or arising from the operation and maintenance of the Permanent Works

and the care of the Works excluding the Employer's Risks listed under Sub-Clause -

[The Employer's Risks during the Operation Service Period].

1.5 Responsibility for Care of the works

Unless the Contract is terminated in accordance with these Conditions, the Contractor

shall take full responsibility for the care of the Works and Goods from the

Commencement Date until the Commissioning Certificate for the whole of the Works is issue

pursuant to Sub-Clause - [Commissioning Certificate]. If the Contract is terminated in

accordance with these Conditions, the Contractor shall cease to be responsible for the care of the

Works from the date of expiry of the Notice of termination.

The Contractor shall also be responsible for the care of the Permanent Works during the Operation

Service Period in accordance with the requirements of the Operating Licence.

The Contractor shall also be responsible for the care of any part of the Permanent

Works for which a Section Commissioning Certificate has been issued.

The Contractor shall also take full responsibility for any outstanding work which he shall have

undertaken to complete during the Operation Service Period until all such outstanding work is

completed.

1.6 Consequences of the Employer's Risks of Damage

if any of the risks allocated as an Employer's Risk under Sub-Clause - [The Employer's Risks during

the Design-Build Period] and - [The Employer's Risks during the Operation Service Period] occurs

and results in damage to the Works or other property or Goods or Contractor's Documents, the

Contractor shall promptly give Notice to the Employer's Representative, and shall thereafter rectify

such loss and/or damage to the extent required by instruction of the Employer's Representative. Such



instruction shall be deemed a Variation.

In the event of the allocation of the risk not being governed by any other term of the Contract, and

such risk occurs during the Design-Build Period and the Contractor is delayed and/or incurs cost from

rectifying this damage, the Contractor shall give a further Notice to the Employer's Representative

and shall be entitled to:


Clause -[Extension of Time for Completion of Design-Build]; and

(b) payment of Cost Plus Profit, which shall be included in the Contract Price.

If the event occurs during the Operation Service Period, sub-paragraph (b) of this Sub- Clause shall

apply, but sub-paragraph (a) of this Sub-Clause shall not apply.

The Employer's Representative shall proceed to determine the amounts due.

1.7 Consequences of the Contractor's Risks resulting i n Damage

If any of the risks allocated as a Contractor's risk under Sub-Clause - [The Contractor's Risks

during the Design-Build Period] and - [The Contractor's Risks during the Operation Service

Period] occurs and results in damage to the Works or other property or Goods, the Contractor shall

promptly give Notice to the Employer's Representative, and shall thereafter rectify such damage to the

extent required by the Employer's Representative. All such work of replacement, repair or

rectification shall be carried out by the Contractor at his own cost.

1.8 Limitation of Liability

Neither Party shall be liable to the other Party for any loss of use of any Works, loss of profit, loss

of contract or for any other indirect loss or damage which may be suffered by the other Party

in connection with the Contract, other than under Sub clause- [Delays and Interruptions during the

Operation Service]

The total liability of the Contractor to the Employer, under or in connection with the Contract,

shall not exceed the sum stated in the Contract Data or (if a sum is not so stated) the Accepted

Contract Amount.

This Sub-Clause shall not limit any liability in any case of fraud, deliberate default or reckless

misconduct by the defaulting Party.

1.9 Indemnities by the Contractor

The Contractor shall indemnify and hold harmless the Employer, the Employer's Personnel, and

their respective agents, against and from all claims, damages, losses and expenses (including legal

fees and expenses) in respect of:

(a) bodily injury, sickness, disease or death, of any person whatsoever arising out of or in the course

of or by reason of the Contractor's design, execution, completion or operation and maintenance

of the Works, unless attributable to any negligence, wilful act or breach of the Contract by the

Employer, the Employer's Personnel, or any of their respective agents; and

(b) damage to or loss of any property, real or personal (other than the Works), to the extent that such

damage or loss;

(i) arises out of or in the course of or by reason of the Contractor's design, execution and

completion or operation and maintenance of the Works, or

(ii) is attributable to any negligence, wilful act or breach of the Contract by

the Contractor, the Contractor's Personnel, their respective agents, or anyone directly or

indirectly employed by any of them.

The Contractor shall also indemnify the Employer against all errors in the Contractor's design of the

Works and other professional services which result in the Works not being fit for purpose or result

in any loss and/or damage for the Employer.

1.10 Indemnities by the Employer

The Employer s h a l l indemnify and hold harmless the Contractor, the Contractor's Personnel,



and their respective agents, against and from all claims, damages, losses and expenses (including

legal fees and expenses) in respect of:

(a) bodily injury, sickness, disease or death, or loss of or damage to any property other than the Works,

which is attributable to any negligence, wilful act or breach of the Contract by the Employer, the

Employer's Personnel, or any of their respective agents; and

(b) the Employer's Risks as set out in Sub-Clauses -[The Employer's Risks during the Design-Build

Period] and - [The Employer's Risks during the Operation Service Period].

1.11 Shared Indemnities

The Contractor's liability to indemnify the Employer, as aforesaid, shall be reduced proportionately to

the extent that the Employer's Risks may have contributed to the said damage, loss or injury.

Similarly, the Employer's liability to indemnify the Contractor, as aforesaid, shall be reduced

proportionately to the extent that the Contractor's risks may have contributed to the said damage,

loss or injury.

1.12 Risk of infringement Intellectual and Industrial Property Rights

In this Sub-Clause, "infringement" means an infringement (or alleged infringement) of any patent,

registered design, copyright, trademark, trade name, trade secret or other Intellectual or industrial

property right relating to the Works; and "claim" means a claim for proceedings pursuing a claim)

alleging an infringement.

Whenever a Party does not give Notice to the other Party of any claim within 28 days of receiving

the claim, the first Party shall be deemed to have waived any right to indemnity under this Sub-

Clause.

The Employer shall indemnify and hold the Contractor harmless against and from any claim alleging

an infringement which is or was:

(a) an unavoidable result of the Contractor's compliance with the Employer's

Requirements; or

(b) a result of any Works being used by the Employer:

(i) for a purpose other than that indicated by, or reasonably to be inferred from, the

Contract; or

(ii) in conjunction with any thing not supplied by the Contractor, unless such use was

disclosed to the Contractor prior to the Base Date or is stated in the Contract.

The Contractor shall indemnify and hold the Employer harmless against and from any other claim

which arises out of or in relation to (i) the Contractor's design, manufacture, construction

or execution of the Works, (ii) the use of Contractor's Equipment, or (iii)the proper use of the

Works.

If a Party is entitled to be indemnified under this Sub-Clause, the indemnifying Party may (at its

cost) conduct negotiations for the settlement of the claim, and any litigation or arbitration

which may arise from it. The other Party shall, at the request and cost of the indemnifying Party,

assist in contesting the claim. This other Party (and its Personnel) shall not make any admission

which might be prejudicial to the indemnifying Party, unless the indemnifying Party failed to take

over the conduct of any negotiations, litigation or arbitration upon being requested to do so by the

other Party.



INSURANCE



CLAUSE NO 38. INSURANCE OF OPERATION & MANINTANANCE WORKS

CONDITIONS OF CONTRACT

ADD THE FOLLOWING

1 INSURANCE

1.1 General Requirements

Without limiting his or the Employer's obligations or responsibilities under the Contract, the

Contractor shall effect and maintain all insurances for which he is responsible with insurers and

in terms, both of which shall be subject to approval by the Employer, such approval shall not be

unreasonably withheld or delayed.

The insurances required to be provided herein are the minimum required by the Employer, and the

Contractor may, at his own cost, add such other insurances that he may deem prudent.

Whenever required by the Employer, the Contractor shall produce the insurance policies which he

is required to effect under the Contract. As each premium is paid, the Contractor shall send a copy

of each receipt of payment to the Employer.

If the Contractor fails to effect and keep in force any of the insurances required -Insurances to be

provided by the Contractor during the Design- Build Period), or fails to provide the policies or

receipts as aforementioned, then, and in any such case, the Employer may effect and keep in force

such insurances and pay any premium as may be necessary and recover the same from the

Contractor from time to time by deducting the amount(s) so paid from any monies due to

the Contractor or otherwise recover the same as a debt from the Contractor.

If either the Contractor or the Employer fails to comply with the conditions attaching to the insurances

effected pursuant to the Contract, the Party so failing to comply as afore said shall indemnify the other

Party against all losses and claims arising from such failure.

The Contractor shall also be responsible for the following:

(a) notifying the insurers of any changes in the nature, extent or programme for the execution of

the Works;

(b) notifying the insurers of any changes in the nature, extent or programme for the provision of

the Operation Service; and

(c) the adequacy and validity of the insurances in accordance with the Contract at all times

during the performance of the Contract.

The permitted deductible limits allowed in any policy shall not exceed the amounts stated in the

Contract Data.

Where there is a shared liability the loss shall be borne by each Party in proportion to its liability,

provided the non-recovery from insurers has not been caused by a breach of this Clause by the

Contractor. In the event that non-recovery from insurers has been caused by such a breach of

Contract by the Contractor, the Contractor shall bear the loss suffered.

1.2 Insurances to be provided by the Contractor during the Design-Build Period

The Contractor shall provide the following insurances during the Design-Build Period:

(a) The Works

The Contractor shall insure and keep insured in the joint names of the Contractor and the

Employer from the Commencement Date until the date of issue of the Commissioning Certificate:

(i) the Works, together with Materials and Plant for incorporation therein, for their full replacement

value with deductible limits not exceeding those stated in the Contract Data. The insurance

cover shall extend to include loss and damage of any part of the Works as a consequence of

failure of elements defectively designed or constructed with defective material or



workmanship; and

(ii) an additional sum of fifteen percent (15%) of such replacement value (or such sum as may be

specified in the Contract Data) to cover any additional costs incidental to the

rectification of loss or damage, including professional fees and the cost of demolition and

removal of debris.

The insurance cover shall cover the Employer and the Contractor against all loss or damage from

whatever cause arising until the Commissioning Certificate is issued. Thereafter, the insurance

shall continue until the date of issue of the Final Payment Certificate Design Build in respect

of any incomplete work for loss or damage arising from any cause occurring prior to the date of

the Commissioning Certificate, and for any loss or damage occasioned by the Contractor in

the course of any operation carried out by him for the purpose of complying with his

obligations.

The insurance cover provided by the Contractor for the Works may exclude any of the following:

1) the cost of making good any part of the Works which is defective (including defective

material and workmanship) or otherwise does not comply with the Contract, provided that it

does not exclude the cost of making good any loss or damage to any other part of the

Works attributable to such defect or non-compliance.

2) indirect or consequential loss or damage including any reductions in the Contract Price for delay.

3) wear and tear, shortages and pilferages.

4) the Employer's Risks set out in Employer's Risks during the Design-Build Period]

unless otherwise stated in the Contract Data regarding the risks in sub-paragraph (b)(iii)thereof.

5) the Exceptional Risks set out in Sub-Clause -Exceptional Risks, unless, otherwise stated in

the Contract Data regarding the risks in sub- paragraph (f) thereof.

(b) Contractor's Equipment

The Contractor shall insure in the joint names of the Employer and the Contractor the

Contractor's Equipment and other things brought onto Site by the Contractor to the extent

specified in the Contract Data.

(c) Liability for breach of professional duty

The Contractor shall insure the legal liability of the Contractor arising out of the negligent

fault, defect, error or omission of the Contractor or any person for whom the Contractor is

responsible in the carrying out their professional duties in an amount not less than that stated

in the Contract Data.

Such insurance shall contain an extension indemnifying the Contractor for his liability

arising out of negligent fault, defect, error or omission in the carrying out his professional duties

which result in the Works not being fit for the purpose specified in the Contract and resulting in

any loss and/or damage to the Employer.

The Contractor shall maintain this insurance for the period specified in the Contract Data.

(d) Injury to persons and damage to property

The Contractor shall insure, in the joint names of the Contractor and the Employer,

against liabilities for death or injury to any person, or loss of or damage to any property

(other than the Works) arising out of the performance of the Contract and occurring before

the issue of the Final Payment Certificate Design-Build, other than loss or damage caused by

any event covered under Sub-Clause -Employer's Risks during the Design-Build

Period,

The insurance policy shall include a cross liability clause such that the insurance shall apply to

the Contractor and the Employer as separate insureds.

Such insurance shall be effected before the Contractor begins any work on the Site and shall

remain in force until the issue of the Final Payment Certificate Design- Build and shall be for

not less than the amount specified in the Contract Data.

(e) Injury to employees



The Contractor shall effect and maintain insurance against liability for claims, damages,

losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or

death of any person employed by the Contractor or any other of the Contractor's Personnel.

The Employer and the Employer's Representative shall also be indemnified under the

policy of insurance, except that this insurance may exclude losses and claims to the extent

that they arise from any act or neglect of the Employer or of the Employer's Personnel.

The insurance shall be maintained in full force and effect during the whole time that the

Contractor's Personnel are assisting in the execution of the Works. For any person employed

by a Subcontractor, the insurance may be effected by the Subcontractor, but the Contractor

shall be responsible for the Subcontractor's compliance with this Sub-Clause.

(f) Other insurances required by Law and by local practice

Other insurances required by Law and by local practice (if any) shall be detailed in the

Contract Data and the Contractor shall provide such other insurances in compliance with the

details given, at his own cost.



1.3 Insurances to be provided by the Contractor during the Operation Service Period

The Contractor shall provide the following insurances during the Operation Service Period:

(a) Fire extended cover for the Works

The Contractor shall provide, in the joint names of the Employer and the Contractor,

fire extended cover insurance for the Works as specified in the Contract Data for the

Operation Service Period. Notwithstanding any other provision in the Contract, the

Operation Service shall not commence until the fire extended cover insurance is effected and

the terms and details have been approved by the Employer.

The terms of the policy shall be submitted to the Employer for his approval no later than 28

days before the date upon which the Commissioning Certificate is due to be issued, and

shall come into force on the date stated in the Commissioning Certificate.

(b) Injury to any person and damage to property

The Contractor shall ensure that an insurance as required under Sub-Clause - [Injury to

persons and damage to property] be effected prior to the issue of the Commissioning

Certificate and maintained until the issue of the Contract Completion Certificate. Such

insurance shall be for an amount and in terms as specified in the Contract Data.

(c) Injury to employees

The Contractor shall ensure that an insurance as required under Sub-Clause - [Injury to

employees] be effected prior to the issue of the Commissioning Certificate and

maintained until the issue of the Contract Completion Certificate, or the last of his

or any of his Subcontractors' employees have left the Site, whichever is the later.

(d) Other insurances required by Law and by local practice

Other insurances required by Law and by local practice (if any) shall be detailed in the

Contract Data and the Contractor shall provide such insurances in compliance with the

details given, at his own cost.

(e) Other optional operational insurances

Other optional insurances required (if any) shall be detailed in the Contract Data and the

Contractor shall provide such other insurances in compliance with the details given, at his

own cost.


Temderer Page 187 City Engineer, NMMC

(6) SCOPE OF WORK,

DESCRIPTION OF THE

PROJECT

AND DESIGN SPECIFICATION



PROJECT BACKGROUND & BROAD PROJECT RATIONALE

REUSE OF RECYCLE WATER PROJECT UNDER AMRUT MISSION

In NMMC there are 07 Sewage Treatment Plants (STPs) with the treatment capacity of 202 MLD

using SBR technology. Treated water is used for NRI complex, NMMC bus depot, road dividers, road

side plants, gardens and Mechanical Road Cleaning.

General meeting held on 10 / 07/2015, which has been passed the resolution no. 193, of execution

of projects smart city & AMRUT yojana awarded by Central Government included the reuse of

treated water. Incident to this, DPR of Rs. 863 Cr. has been prepared. Accordingly state govt. has

provision of Rs. 347 Cr. for NMMC recycle water project in state annual budget 2016-17. According

to the AMRUT Mission Guidelines the total amount is shared as Central Govt. - 33.33%, State Govt. -

16.67% and NMMC – 50% is finalized. (NMMC will receive Rs. 66.00 Cr. from Central/ State Govt.)

According to the letter, NMMC has asked MIDC for their water Demand and Standard. In response,

the Phase I -DPR of 132.87 Cr. with demand of 45 MLD and MIDCs treated water standards has been

prepared. In which 20 MLD each, tertiary treatment plant is provided at Koparkhairane and Airoli. To

nullify the Coliform count UF & UV technology is proposed. As per the recycle water demand

informed by MIDC, Sump, Elevated Storage Reservoir, & Distribution network of 83 km is provided

for Vashi, Koparkhairane & Airoli MIDC area with administrative approval of Rs. 132.87 Cr. under

AMRUT Scheme on 11/09/2017.

Technical Advisory Committee (TAC) is appointed by NMMC consisting of Director of NEERI,

Professors from IIT & VJTI, GM of RCF, and Chief Engineer of CIDCO who guided timely as well

as MJP is appointed as Project Management of Consultant by Maharashtra Government. Scrutiny of

project and Scrutiny of tender work is being done by MJP.

Hon. Commissioner and City Engineer visited Nagpur Project. Also City Engineer visited Surat

Project in which STP effluent is treated with UF and RO as Tertiary treatment and provided to nearby

industrial organizations at Rs. 19.44/ Cum.

The Capital cost of project is 132.87 Cr. and planned to complete the project within 18 months. It is

expected that the O & M cost for present KK and Airoli STP for 16 years & 6 months and proposed

tertiary treatment plant with distribution network for 15 years is 137.23 Cr.

It is expected that the total capital and O& M cost is 282.98 Cr. and with the selling rate of Rs. 18.50/

Cum. (10% increment after 3 year) for 15 years the revenue of 494.53 Cr. will generate. This project

will save 40 MLD of MIDC water with Govt. objective of 20% reuse of treated sewage.

Under the AMRUT Scheme the first Recycle Water Project in Maharashtra is approved for NMMC.



1.1 Existing status of physical infrastructure

The growth of Mumbai city is constrained by sea at south, east and west. As a result total land area

available for development of Mumbai is limited. Hence, developmental planners, in late 1960, started

exploiting alternative for dispersal and control of Mumbai population. Eminent architects, Charles

Coria, Shirish Patel and Pravin Mehta suggested Navi Mumbai as alternative to Mumbai.

Navi Mumbai has been developed as a planned city, a counter magnet for Mumbai. It has been

developed as an independent, fully self-contained metro city. Navi Mumbai is the world's large, totally

planned, well-balanced, modern city. Navi Mumbai has been planned and developed by CIDCO to

meet the infrastructural needs of a modern metropolis.

CIDCO is a State Public Sector Undertaking registered under Companies Act in March 1970. CIDCO

prepared developmental plan for Navi Mumbai covering 95 villages from Thane and Raigad district

covering total area of 343.70 sq km. This was approved by the Government of Maharashtra in August

1979.

Navi Mumbai has been developed as an environment friendly, beautifully landscaped area with parks,

gardens and promenades along waterfronts. Care has been taken to preserve the mountainous

terrain, lakes and green spaces in Navi Mumbai, which cover nearly half of its total area.

For catering to the requirements of 29 villages in CIDCO project and 14 villages from Kalyan notified

area, NMMC was formed vide Government order dated December 17, 1991. NMMC came in to

existence on January 1, 1992. Total area under NMMC was 162.5 sq km.

In the CIDCO area there are seven nodes viz. CBD Belapur, Vashi, Nerul, Koparkhairane, Ghansoli,

Turbhe-Sanpada and Airoli. All seven nodes are fully developed and hence, all powers under the

Maharashtra Regional and Town Planning Act 1966 have been transferred to NMMC. 14 villages from

Kalyan notified areas are taken out of jurisdiction of NMMC vide Government order NMC 102000/LNO

54/04/NV 28 dated June 8, 2007. Total area under NMMC is 108.638 sq km.

1.1.1 Geography:

NMMC area is spread in district of Thane in Maharashtra. It is located in latitudes of 20° N 73° E. It

consists of hilly areas and certain parts under wetlands.

1.1.2 Location and Connectivity:

NMMC area lies on the eastern main land of Thane creek. It starts from Digha, Airoli in the north and

Nerul Belapur in the south. NMMC area is well connected to Greater Mumbai and other cities like

Thane and Pune. Apart from the decades old Thane creek bridge connecting Mankhurd with Vashi,

there are two road bridges and one rail link and third connection via Sewri is proposed by MSRDC.

Seven railway stations on Mankhurd- Belapur line at different nodes provide full connectivity to NMMC



area up to Kurla. Five railway stations on Thane Sanpada line also connect Kalyan via Kalwa. A new

international airport is also planned in Navi Mumbai region.

1.1.3 Geology

The rock formation in the region is derived mainly from Deccan Basalt and also from granites,

gneisses and laterite. The gently sloping coastal low lands are observed in patches and are covered

with moderately shallow to deep soils, mostly lateritic in nature, sometimes oxidized to yellow murrum.

1.1.4 Topography

To part of Western Konkan coast is a narrow coastal strip along the western part of Sahyadris. It is

bound on the eastern side by hillocks of height of 50-200 mt. and on the west side by Thane creek.



Map 0-1: Location map of NMMC area

1.1.5 Climate

This area has sub-tropical monsoonal climate of humid-per-humid to semi-arid and sub humid type.

Overall climate is equable with high rainfall days and very few days of extreme temperatures.



1.1.6 Temperature

The mean annual temperature ranges from 25°C to 28°C. The mean maximum temperature of the

hottest month in this area varies from 30°C - 33°C in April-May while mean minimum temperature of

coldest month varies from 16°C to 20°C. Extremes of temperatures, like 38°- 39°C in summer and

11°-14°C in winter, may be experienced for a day or two in respective season.

1.1.7 Rainfall

The rainy season is mostly confined to south-west monsoon with 80 percent of the rainfall received

during June to October (60-70 days). This area, on an average, receives 2500 to 3500 mm rainfall.

1.1.8 Humidity

The area has marine humid-per humid climate with more humidity and less daily variations.

Relative humidity varies from 41 to 97%. Driest days being in winter and wettest ones are

experienced in July.

1.1.9 Wind

Features such a presence of large water body (the creek), presence of hill ridges etc. influence the

local wind patterns to some extent. No significant micro-climatic variation is noticeable in the region.

1.1.10 Soil

The soil of this area is highly saline in the vicinity of creeks and non-saline at other places. They are

calcareous, neutral to alkaline in reaction (pH 7.5 to 8.5), clayey, with high amount of bases and have

high water holding capacity (200-250 mm/m). The soils located on moderately sloping residual hills

are lateritic in nature and show intensively leached surfaces.

They are loamy and slight to moderately acidic (pH 5-6.5) with moderate base status (< 75%)

1.2 Existing Capacity of Sewage Treatment Plant & Reuse Water Capacity in NMMC

Table 0-1: Existing STP & Reuse Water Capacity in NMMC Area

Sr. No.

Node Location Sector

Existing Capacity

MLD

Treatment Scheme

Proposed Reuse Water

Capacity (MLD)

Treatment Scheme

1 Kopar khairane

14 87.5 Sequential Batch

Reactor

20 Ultra filtration

2 Airoli 18 80 Sequential Batch

Reactor

20 Ultra filtration

TOTAL 167.5 40


Signature of Tenderer No. of Corrections Signature of City Engineer

Pg -193

LOCATION OF STP’S IN NMMC AREA



Pg -194

NEED FOR PROJECT

• Water source adequate only up to 2035.

• Population & business growth faster than projection.

• Changing demographics & characteristics of city requires more water.

• Climate proofing requirement to tackle scarcity in the region.

• To be pioneer & set an example for the water recycling & its utilization in country.

• Compliance with the pFresh Water Saved can be diverted to Panvel ,Kharghar, kamothe area ,

Thane, Ambernath, Kulgaon Badlapur & Mira Bhainder by MIDC with existing infrastructure

Policies of Government of India.

THE MAJOR INFRASTRUCTURE REQUIRE WATER FOR CONSTRUCTION PURPOSE:

• Priority Component - Midc

• Supply To Industrial Consumers In Navi Mumbai (Midc Area) In Compliance To The State

Policy Of Mandatory Use Of Recycled Water By Industries Within The City.

Dakc It Park In 20 To 30 Lacs Sqft Area

Raheja Univarsal,S Raheja District Ii Project On Sion Panvel Road

Ikea Is Buying The Lease Rights Of A 26-Acre Plot Of Rails India Ltd.

AREA COVERGAE



Pg -195

Zone Airoli MIDC Koperkhairane MIDC Vashi MIDC

Demand In MLD 8 15 25.5

Total Demand In MLD 48.50

HYDRAULIC DETAILS

PUMPING MAIN DETAILS: TOTAL ZONEWISE PUMPING DETAILS OF NMMC RECYCLE WATER

S.no Zone name Length ( m) Diameter

(mm) Material

PHASE I

1 Sump at Airoli to Airoli MIDC 2700 400 HDPE

2 Sump at Airoli to Koperkhairane MIDC 7600 450 HDPE

3 Sump at Kopherkharine to KK MIDC 6100 250 HDPE

4 Sump at Kopherkharine to Vashi MIDC 5800 560 HDPE

SUMP AND ESR DETAILS

Sr No. Location Available Capacity

of Recycle Plant

(MLD)

ESR Capacity

(ML)

Sump Capacity

(ML)

PHASE I

1 VASHI- MIDC - 2.5 6.25

2 Airoli- MIDC 20 0.75 1.50

3 KK- MIDC 20 1.50 3.00

DIAMETER WISE LENGTH OF ALL ZONES OF RECYCLE DISTRIBUTION SYSTEM (Total L = 83053m)

Sr.

No.

Zone 110

mm

160

mm

200

mm

250

mm

315

mm

355

mm

400

mm

450

mm

500

mm

Total

Length(m)

1 Vashi MIDC 6410 1394 3313 5879 7200 5318 774 564 27 30879

2 Koparkhairane

MIDC

6723 576 5367 5352 3066 1085 145 0 0 22314

3 Airoli MIDC 16918 4209 2100 5973 526 134 0 0 0 29860

WATER RATES OF MIDC

Industrial Area Inside Industrial

Area

For Industrial

Use

Inside Industrial

Area

For Domestic Use

Outside Industrial

Area

For Industrial

Use

Outside Industrial

Area

For Domestic Use

Mahape 22.50 8.00 30.00 9.00



Pg -196

Tanker water costs vary across the Seasons. In the MMR, these costs range between Rs 50/KL to

upwards of Rs90/KL in the dry season.

LIST OF MAJOR INDUSTRIAL WATER CONSUMERS IN NAVI MUMBAI MIDC

S.No. Name of Consumer Type of Industry Water

Demand Grey

Water

Reqd.

(%)

Water Qty.

in m3/Day

1 M/S OCEANA TEXTILE MILL TEXTILE 952.13 50% 476.065

2 M/S HINDUSTAN PLATINUM

PVT. LTD

METAL INDUSTRY 375.6 30% 112.68

3 M/S POLYOLEFINE INDUSTRIES CHEMICAL 1,780.33 30% 534.099

4 M/S MAHALAXMI DYING &

PRINTING I PVT LTD

DYING & PRINTING 532.40 30% 159.72

5 M/S.REALIANCE CORPORATE IT

PARK LTD.

IT Industry 2,240.00 30% 672

6 M/S SIEMENS INDIA LTD. ELECTRONIC/POWER

INC.

796.60 30% 238.98

7 M/S GAURAV DYEINGS &

PRINTING MILLS

DYING & PRINTING 561.07 30% 168.321

8 M/S MAZDA COLOURS LTD. CHEMICAL 1,164.80 30% 349.44

9 M/S.RELIANCE CORPORATE IT

PARK LTD.

IT INDUSTRY 344.33 30% 103.299

10 M/S CRODA CHEMICALS INDIA

PVT LTD

CHEMICAL 496.47 30% 148.941

11 M/S RELIANCE INFOCOMM

INFRS. PVT.LTD

IT INDUSTRY 1,213.00 30% 363.9

12 M/S. BEEKALANE FABRICS

PVT.LTD.

TEXTILE 451.8 50% 225.9

13 M/S SUDITI INDUSTRIES LTD. 716.17 30% 214.851

14 M/S AKASH FABRICS P.L. TEXTILE 989.67 50% 494.835

15 M/S HERDELLIA CHEMICALS

LTD.

CHEMICAL 1,315.00 30% 394.5

16 M/S SERENE PROPERTIES PVT.

LTD.

2,057.43 30% 617.229

17 M/S ALOK TEXTILES PVT.LTD. TEXTILE 1,437.90 50% 718.95

18 M/S. IGATE GLOBAL SOLUTIONS

LTD.

IT INDUSTRY 648.07 30% 194.421

19 M/S GAURAV DYEING &

PRINTING MILLS PVT LTD

CHEMICAL 470.8 30% 141.24

20 M/S SOVOTEX TEXTILE LTD TEXTILE 1,200.93 50% 600.465

21 M/S BASF INDIA LTD. 370.97 30% 111.291

22 M/S RUPA INFOTECH &

INFRASTRUCTURE P LTD

INFRASTRUCTURE 434.53 30% 130.359

23 M/S. LODHA BUILDERS INFRASTRUCTURE 2,129.30 30% 638.79



Pg -197

RECYCLE WATER DISTRIBUTION SYSTEM:

The distribution system of recycled water is designed based on the following design parameters.

1) Supply hours

The proposed scheme is based on 24 x7 continuous water supply.

2) Peak factor

Peak factors ranging from 2.25 to 3 are adopted for different nodes as per CPHEEO manual.

3) Minimum pressure

The requirement of minimum terminal pressure for ground sump supply is 7 m. Higher pressure are required

to cater for the long length service lines and higher losses in the service lines. So it is ensured that minimum

pressure of 12 m is maintained at terminal points.

4) Pipe Material

It is recommended to use HDPE pipes for the recycled water distribution system.

5) Minimum Diameter

Minimum diameter of the pipe to be used in the distribution system shall be 110 mm.

6) Method of supply

It is proposed to supply the recycled water by gravity to the entire user, i.e the supply is from ESR through the

gravity network.

7) Hydraulic designs

The hydraulic designs of the distribution system are done by using Water Gems software series 5 by Bentley.

The optimization of the diameters has been done to achieve economy and minimum required terminal

pressure in that water zone.

8) The diameter wise summary of proposed length of the distribution system has been prepared for each

node. As given in below table;



Pg -198

S.No. Major components Subcomponents Remark

1 Treatment Plant (Civil works, Plant and Machinery)

Includes Ultra filtration plant and

Ultra Violate Disinfection

Plant is in same campus of

STP so no separate land is

required.

2 Service Reservoirs and Pumping

Ground storage Reservoirs/Sump,

Elevated Storage Reservoirs (Civil,

Electrical Mechanical)

Land in possession of NMMC

3 Distribution System

Recycled water Distribution pipeline and

allied works.

Distribution shall be proposed

in all zones in NMMC and

MIDC area.

4 Miscellaneous items like shifting of utilities, public awareness

PUMPING MAIN FOR NMMC RECYCLE WATER



SCOPE OF WORK, DESCRIPTION OF THE PROJECT AND DESIGN SPECIFICATION

DESIGN, BUILD & OPERATE TWO NUMBERS OF TERTIARY TREATMENT PLANTS

OF 20 MLD CAPACITY EACH AT AIROLI & KOPAR KHAIRANE SEWAGE

TREATMENT PLANTS

(A) GENERAL:

1.1 Introduction NAVI MUMBAI Municipal Corporation (NMMC) plans to execute a project to set up two new

20 MLD capacity Tertiary Treatment Plants (TTP) to treat @40 MLD secondary treated

water from Navi Mumbai Sewage Treatment Plants. The operation maintenance period of the

complete Primary, secondary & Tertiary Treatment Plant will be for 15 years. This would enable

NMMC to reduce pressure on ground water resources in the city and free up potable water, which

could be further used to supply the drinking water to the newly merged area in the city.

This is a Fixed cost Tender with No price Variation allowed

Defect Liability Period: 12 Months after completion of work.

Penalty for delay: 0.2% of the contract price/day, maximum:10 %

Bidder has to keep the Provision for Reverse Osmosis(RO) plant in their layout Design.

NAVI MUMBAI Municipal Corporation has invited this tender for the following scope of works:

(A-I) Design & Drawings, Construction/ Fabrication/ Erection, Testing & Commissioning of

proposed Tertiary Sewage Treatment Plant with reject water treatment, including all the works

related to Civil/Electrical/Mechanical/ Instrumentation or any other field of Engineering, all

inter-connecting piping, Supply of equipments etc., including all the required materials &

labour etc. complete as per terms & conditions, and specifications of this tender.

For this, the tenderer shall quote a price at the specified place in Schedule B/ Price-Bid of the

tender.

The tenderer shall have to also submit the details on the electricity consumption for the entire

system i.e. for all the project components in this tender. The tenderer shall have to submit the

performance guaranteed in the table furnished hereunder in this tender for evaluation purpose.

It shall be reviewed in future for actual electricity consumption also.

mailto:@50



PERFORMANCE GUARANTEED STATEMENT

Details As per Tender To be guaranteed by Bidder

Flow (Net output) 20 MLD x 2 nos

Power consumption for TTP To be filled by Bidder in kwh/ day

FOR EXISTING SEWAGE TREATMENT PLANTs Effluent discharged Standards for Existing Sewage Treatment Plant (Ref: CPCB April 2015)

SR NO Parameters Unit Level of acceptability /

benchmark

PARAMETERS STANDARDS FOR STP

1 PH 6.5- 9.0

2 BOD MG/L 10

3 COD MG/L 50

4 TSS MG/L 20

5 NH4-N MG/L 5

6 N- TOTAL MG/L 10

7 FECAL COLIFORM (MPN/ 100 ML) <100

TABLE:-1 REQUIRED TERTIARY TREATMENT PARAMETERS (Given By MIDC)

Sr.no. Parameters Unit Quality Parameters of Treated Water

1 Bio chemical Oxygen demand

(BODs)

mg/l < 5.0

2 Chemical Oxygen demand (COD) mg/l < 20.0

3 Total Suspended Solids (TSS) mg/l < 1.0

4 Turbidity NTU < 0.5

5 Total Nitrogen (TN) mg/l < 10.0

6 Ammonical NitRogen mg/l < 2.0

7 Total Kjehldal Nitrogen mg/l < 5.0

8 Dissolved Oxygen mg/l > 2.0

9 Total Phosphorus mg/l < 1.0

10 pH 7.0-8.5

11 Free Residual Chlorine mg/l 1-2

12 Bacteria > log 5 reduction

13 Viruses > log 5 reduction



Sr.no. Parameters Unit Quality Parameters of Treated Water

14 Protozoa > log 5 reduction

15 Oil and Grease mg/l < 0.010

16 Total Dissolved Solids (inorganic) mg/l < 500

(A-II) Operation & Maintenance of all the Primary, Secondary & Tertiary Treatment Plant for

FIFTEEN years, as per terms & conditions of the tender.

For this part, the tenderer shall have to quote price, at the specified places in Volume of Price-

Bid/ Schedule B of the tender, for all the 15 years period of O&M contract.

For Operation and Maintenance, “Scope of work for Operation & Maintenance” of proposed

plants and "Terms & Conditions” for the same are described in relevant Chapter of this

Tender document.

1.2 General:- The tentative area for layout of proposed TSTP and Hydraulic flow diagram of TSTP is provided

in this tender. However, bidders shall have to prepare & submit their layout plan and hydraulic

flow diagram etc. along with the tender.

The scope of work will be in general but not limited to civil, mechanical, electrical,

instrumentation interconnecting pipes works and the design, construction, testing, trial runs,

commissioning and guaranteeing and operation and maintenance (including spares and

consumables) of proposed tertiary sewage treatment plant as per the tender.

1.3 Terminal Points: The treated sewage from the existing SBR based sewage treatment plants at Airoli & Kopar

Khairane will be provided by Contractor at the Inlet of TSTP. Secondary Treated sewage in the

required quantity shall be supplied to the bidder by Contractor to produce 20 MLD product water at

each location. The inlet sewage to Tertiary Treatment Plant may vary in quantity from both the

above plants in ± 10% variation. The contractor shall have to operate and maintain the proposed

TSTP as per the tender terms and conditions. The contractor has to carry out the work so that the

plant should run satisfactorily to achieve desired tertiary treatment efficiency –

characteristics values mentioned in this tender elsewhere. The final treated effluent shall be

supplied to MIDC area of NMMC by Contractor, having quality as per the norms specified in

this tender.

1.4 Submission by Contractor ;

The successful Contractor shall be required to submit the following for approval of NMMC.

a] Planning (General layout to the scale) of TSTP considering the ease in

construction and economical aspects.

b] Hydraulic flow diagram.

c] Hydraulic design calculation.

d] Detailed progress bar chart and report showing physical and financial

achievement at every first of calendar month.

e] Detailed planning of all units.

f] Detailed Design Calculation, structural detailed drawings, working drawings etc. for all

plant and pumping units.

g] Detail piping and instrument or engineering flow diagram for process and utility

showing all equipments, machinery piping and instrumentation. All piping should be

indicated with diameter material of construction, pipe class, pipe number and fluid

flowing through it.

h] Detail installation drawing for mechanical equipments and other instruments.

i] Light fitting layout and wiring diagrams, drawings for panels, earthing layout etc.



j] Data and guaranteed power and chemicals consumption for the TSTP.

k] Equipment data sheet.

l] Detailed bill of material as per the requirement of the NMMC

m] Any other drawing / data / details required by the owner, consultant appointed by

employer or his authorized person

n] Details of plant interconnecting pipe network along with supports etc.

o] During commissioning of the plant the contractor shall submit draft copies of Instruction

manual for operation and maintenance of the various TSTP units giving analytical

procedures for various parameters, technical literature, leaflet, wiring diagram etc. On

approval and amending the same as per plant conditions, the contractor shall submit ten

copies of final Instruction Manual in proper binding, giving details of plant also.

p] Single line power diagram and power flow

q] Cable Layout and Cable Schedule.

R] Automation, Instrumentation, SCADA and PLC Details for the plant operations.

1.5 Plant Capacity :

The tertiary sewage treatment plant shall be designed and constructed for 20 MLD net

output capacity each. All Civil and Mechanical/ electrical/ instrumentation works are to be

checked for above requirement and considering losses. All the design shall be carried out duly

considering the peak flow.

1.6 Extent of capital works: a] The capital work shall consist of two parts viz.

Part-I Civil Works and

Part – II Electro-Mechanical equipments.

Part-I shall consist of all the Civil Works of the TSTP units, as described in the data sheets

with all channels, interconnecting piping’s etc. and shall include all R.C.C. Sump, ESR,

C.C.,. Brick masonry, wood works and iron works etc. completed pertaining to the

structure.

Part-II shall include the delivery at site and erection of all mechanical and electrical

equipments including pipes, valves, electrical units, motors switches, control gears, and

other instruments etc. so as to make the plant self-contained in all respects.

Part-I & II shall be executed as one contract and tenders received for only Civil works

or for only Mechanical works shall not be considered.

b] All internal wiring for power and lighting for the plant and buildings shall be provided

by the contractor as per prevailing Indian Electricity Rules/Act and as per the rules of

MAHA DISCOM. The Main Control Centre/ MCC shall be provided for taking power for

various units of the plant and for lighting in the various pump house. Main switch board,

meters, fuses, switches etc. shall be provided by the contractor and all further cables,

wires suitable for each equipment shall be provided and fixed by the Contractor. The

contractor shall specify the connected H.P. each of his power consumption units and shall

also give the total power required to run the plant including lighting arrangements to all

structures.

All the skilled and unskilled labour, oil, grease, spares, chemicals and other consumable

items etc. including chemicals etc. required to be incurred during trial run period of 1

Month from the date of completion in all respect shall be borne by the Contractor but only

electricity will be supplied free of charge by NMMC during testing, commissioning and

Operation & Maintenance period, till handing over system to NMMC. The contractor

shall also train the Department staff to get the training so that on the expiry of the trial run

period the plant can be run independently by those p e r s on s . The Department shall also

bear the electrical charges for power and lighting of the plant during the trial run period.

e] For the period of twelve months of defect liability period, after certified date of successful



completion of one month’s trial run, the contractor shall have to give guarantee for

smooth running of the plant. During guarantee period if any component or components

of mechanical equipment, or electrical, or electronic instruments and or measuring

equipments or valves or pipes or specials etc. gets out of order or found to be

malfunctioning the same shall have to be replaced by the contractor at his cost and for

the replaced article, the guarantee period shall be twelve months from the date of re-

commissioning.



(B) SCOPE OF WORK:

Details, datasheet, specifications, terms etc. are described elsewhere in this tender document. (Technical

Bid). However, a brief overview of scope of work for the capital works is outlined here below. Scope of

work for Operation and maintenance is described in detail in another specific chapter on it in this tender.

The scope of work described below is in general and the bidder has to refer the sewage flow and its

parameters as mentioned in the data sheets and in the annexure with this tender.

1.1 Extent of Scope of Work: The scope of work under this Single Responsibility Contract includes construction of all works as

described in subsequent paras to achieve the objective to treat the secondary treated sewage as per the

criteria defined in the tender elsewhere and disposal of reject water as per stipulated discharge standards

by Central Pollution Control Board and the Rejects will be Recycled as per good and acceptable

engineering practices.

The scope of work will be in general but not limited to Design & Detailed Engineering,

construction, Procurement, Civil, Mechanical, Electrical, Instrumentation, and Interconnecting Pipe

works including erection, testing, trail runs, commissioning, guaranteeing and operation and maintenance

(including major and minor spares) for the period of 15 years, of 20 MLD net output capacity tertiary

sewage treatment plant as per detailed technical specifications and data sheet. The scope also includes

geotechnical survey of plot to derive soil bearing capacity, strata classification and details of water table

etc.

The scope shall also include internal roads, storm water drains, development of lawns, landscaping, and

plantation along the periphery of the site proposed for construction of TSTP including maintenance of all

during entire O&M period.

Trial and run of tertiary sewage treatment plant with allied works for a period of one month and operation

and maintenance for the period of 15 years after successful completion of trial run, commissioning and

acceptance of the system by NMMC. Only secondary treated sewage and electricity shall be supplied free

by NMMC during trial run and O&M period and rest all expenses including chemicals, consumables,

spares, manpower, etc. shall be borne by the successful bidder.

Wherever reference is made of the employers design, drawings, or concept, it may be understood

that these are concepts of the employer and the responsibility for correctness of designs, drawings and

safety of equipment/structure shall rest on the contractor. Bidders are advised to inspect the site for further

clarifications and to understand the scope of work. It is the bidder’s responsibility to carry out all the

works required to complete the scheme under this project whether it has been mentioned or not.



(C ) SCOPE OF WORK FOR NETWORK:

1.2 Main Works:

The major works proposed to carry out for 20 MLD each net output capacity TSTP comprise of the

following as minimum requirement. The list presented below is indicative only, however the necessary

addition in the proposed scheme shall have to be carried out by contractor at his own cost so that the

complete TSTP shall run to deliver total average net output from TSTP of 20 MLD each.

The work shall be carried out as defined under this tender. This is minimum requirement and tenderer

may provide additional units if required within the quoted price to meet the performance guarantees.

Alternative offer shall not be accepted. The bidder shall visit the site and based on the following

minimum requirements and in line with the data sheet of various units as specified elsewhere in

the tender, prepare and submit the layout and hydraulic of proposed TSTP as per his design.

1) Clearing the site & setting the layout etc.: The existing trees of any girth and height in the area of plant site shall be cut by the contractor After

obtaining necessary approvals, including removing the roots, leveling the area and stacking the cut

trees away from site of work and carting of logs of cut tress to NMMC store, as directed by the

Engineer-in-charge. If required, the Contractor shall have to dismantle all the brick work and RCC work of

super-structure and foundation of any existing structure/pipelines/cables etc. found during excavation and

then dispose the debris and deposit the removed pipelines / cables etc., strictly as directed by Engineer-in-

charge without claiming extra cost.

The contractor shall then make all arrangements for setting the line out of all the units of the plant on

ground level as per the approved drawings and construction of Bench Marks with reference to nearest

GTS R.L.

2) Excavation, Carting of excess excavated earth, Dewatering from foundation trenches:

Excavation of all the units/pipeline of the proposed plant up to any depth as per the approved plans and

carting / conveying of all the excavated earth, debris etc. within city limit as directed by Engineer in

Charge. Dewatering any quantity of ground water/ rainwater in foundation of any unit of the proposed

plant. Refilling the foundation trenches with available excavated earth, after completion of foundation.

3) Cloth Media Disc Filter

The treated sewage shall be supplied by Contractor from Navi Mumbai Sewage Treatment Plants at the

inlet chamber to the Disc Filter where it will be mixed with the suitable capacity mixer. All design inlet

parameters to Tertiary Treatment Plant shall be measured from the mixed sewage at inlet chamber.

Provision of cloth media disc filter of 50 MLD capacity for filtering and obtaining the desired

TSS value less than 5 ppm before feeding secondary treated sewage to UF / RO with necessary

civil, electrical / mechanical instruments, inter connecting pipe, with necessary arrangements of

knife gate valves/ penstock gates and secondary treated sewage pumping arrangement by C.I.

recycling pipeline upto UF.

4) UF/RO feed, backwash and reject water sump and pump house

Provision of UF /RO feed sump (i.e. Underground RCC M-30 tank) of required capacity for

feeding secondary treated sewage to UF / RO with necessary electrical / mechanical instruments,

inter connecting pipe, with necessary arrangements of knife gate valves/ penstock gates and

secondary treated sewage pumping arrangement by C.I. recycling pipeline upto UF.

Provision of UF/ RO reject water sump (i.e. underground RCC M-30 tank) of required

capacity for collecting UF / RO reject water and then transmitting it to Flash Mixer units with

necessary electrical / mechanical instruments, inter connecting pipe. One No. new Clariflocculator

unit along with sludge dewatering system for the reject water to be provided.



Provision of backwash pump shall have to provided for UF backwash facility with necessary

electrical / mechanical instruments, inter connecting pipe, with necessary arrangements of knife

gate valves/ penstock gates and UF clarified water – backwash pumping arrangement by C.I.

recycling pipeline upto UF.

Material of construction shall be minimum RCC M-30.

Free board shall be minimum 500 mm, but it should be sufficient for keeping the water drops

inside.

Approach shall be provided with RCC - M-30 staircase having 1.5 mt width with 1.00 m. high

G.I. (Class-B) Railing.

Outside 20 mm thick double coat sand faced plaster in two coats and inside 20 mm thick

double coat water proof smooth cement plaster shall be provided as per tender specifications. At

bottom 40 mm thick water proof IPS shall be provided

4) Shed for UF /

Proposed UF house shall be constructed to house UF membranes and related facilities which

shall remove the impurities in the secondary treated sewage and to make it fit for Industrial Grade

Water. The UF membrane shall be designed and constructed for flow mentioned under the data

sheets provided and as filled in by the contractor. UF stream shall be as per the tender specification

and as per design submitted by the contractor in the date sheet.

Material of construction shall be minimum RCC M-30 for RCC column, beam, plinth slab, roof

/shed of Galvanism sheet of 0.5mm thick., RCC foundations and any other RCC frame member.

The peripheral wall shall be of brick masonry up to sill level and of Pre-cast Cement Jali above

sill level up to the roof. MS roof structural member shall be epoxy painted. The total effective

height of the Shed shall be as per design requirement. The area required for shed shall be decided

by bidder as per his own design.

The roof of the shed shall be equipped with Ventilation fan / roof air vent.

The membranes from the approved vendor list shall be allowed.

Location of proposed UF house is shown tentatively in the layout drawing enclosed with tender.

If due to the designed size of the unit it cannot be accommodated in the place as shown in the

tentative layout drawing enclosed with tender, then its location shall be shifted within plant

boundary as suggested by NAVI MUMBAI Municipal Corporation. If due to change of location,

length of connecting pipelines / channels increases it shall not affect the turnkey price quoted by

bidder.

Free board shall be minimum 500 mm, but it should be sufficient for keeping the water drops

inside.

Approach shall be provided with RCC - M-30 staircase having 1.5 mt width with 1.00 m. high G.I.

(Class-B) Railing.

Outside 20 mm thick double coat sand fenced plaster in two coats and inside 20 mm thick

double coat water proof smooth cement plaster shall be provided as per tender specifications. At

bottom 40 mm thick water proof IPS shall be provided.

5) Finally Tertiary Treated Product Water Sump and Pump House

5) Admin / Control / Laboratory room

Proposed building shall be constructed to house Admin cum Control office and Laboratory



Room. The room should also include the space for Laboratory to carry out necessary analysis from

the required laboratory instruments

The building shall be two storied, i.e. Ground and First floor building. The plan area of the building

shall be 10 mt. x 10 mt. at each floor.

Material of construction shall be minimum RCC M-20 for RCC column, beam, plinth, slab, , RCC

foundations and any other RCC frame member. The peripheral wall shall be of brick masonry

with necessary ventilation system and door – windows.

Outside 20 mm thick double coat sand fenced plaster in two coats and inside 20 mm thick

double coat water proof smooth cement plaster shall be provided as per tender specifications. The

flooring shall be of Granitite tiles.

MISCELENEOUS POINTS OF CIVIL WORKS:

All the reinforcement steel to be used for the RCC work for the proposed tertiary sewage

treatment plants at all levels, shall be CRS type of Fe 500 Grade confirming to IS:1786 and from

the specified vendors/manufacturers only. Test certificates indicating steel confirming to required

IS, must accompany before delivery of each & every lot of reinforcement steel to be supplied &

used for the proposed work. After delivery of such reinforcement steel at site, testing of steel shall

be carried out from any Government approved laboratory as per the relevant IS codes, as per the

sampling procedure given in the same.

All the cement to be used for the proposed work for any civil engineering activity like- PCC, RCC,

inside & outside plastering, IPS & flooring etc., shall be Portland Pozzolana Cement (Fly

Ash based), confirming to IS: 1489, Part-I (Latest Edition) and of the specified

vendors/manufacturers only. After delivery of such cement at site, testing of cement shall be

carried out from any Government approved laboratory as per the relevant IS codes, as per the

sampling procedure given in the same.

All the concreting work for the proposed tertiary sewage treatment plant shall be carried out by

automatic digital type weigh-batching plant & concrete mixer installed at the site for the proposed

work as per the specifications given in this tender. In no case, volumetric batching of concrete

ingredients shall be allowed.

Wherever, grade of RCC is not mentioned, it shall be considered as minimum M-30 grade or

more, as per design for water-retaining / water flowing structures / super-structure /

foundations / platforms / slabs / stairs etc. of any buildings / units.

Outside brick wall of any building shall be minimum 230 mm and inside partition brick walls

shall be 150 mm thick.

Hydraulic testing of all treatment units shall be carried out by filling water before plastering.

Any leakages found shall be repaired by cement slurry pressure grouting before plastering at no

extra cost and all units must be water tight.

Inside plaster/IPS o All the water retaining units of treatment plant shall have inside 20 mm thick water

proof smooth cement plaster on vertical/sloping sides and 40 mm thick water proof IPS on

bottom as per tender specifications. Inside the tanks, chambers etc. also inside 20 mm

thick water proof smooth cement plaster on walls and 40 mm thick water proof IPS on

bottom as per tender specifications shall be provided. Inside the buildings, 125 mm thick

smooth cement plaster shall be provided on walls and 10 mm thick smoth cement plaster

on ceilings / soffits.



Inside Acid –Alkali Tile Lining UF Backwash water tank, UF feed water tank and Degasser unit shall have acid-

alkali tile lining on floor and walls.

Outside plaster All the units of tertiary sewage treatment plant shall have outside 20 mm thick double coat

sand faced plaster as per tender specifications.

Inside finishing / painting: Inside finishing at all levels shall be carried out by three coats of approved synthetic

enamel washable distemper paint on a coat of primer. All treatment units three coats of

whitewashing shall be applied on inner sides.

Outside finishing / painting: o All the units and buildings of TTP at all levels (from parapet or top level to minimum

o 300 mm below ground level) shall have outside finishing by three coats of exterior

emulsion / plastic paints of approved make and color.

Walkway/platforms All the units of tertiary sewage treatment plant shall be provided with minimum 1.00 m.

wide (RCC M:30) walkway/platforms throughout their length and these shall be

inter-connected at suitable places, for easier movement all around the plant. All the

walk-ways/platforms shall be provided with chequared tiles-38 mm thick on their top as per

tender specifications. Throughout the length of all walkways/platforms, 1.00 m. high

G.I. (Class-B) railing shall be provided as per tender specifications.

G.I. Railing: o Wherever G.I. railing is specified in any unit / platform, stair etc., it shall be provided with

40 mm diameter "B" (Medium) class G.I. pipes welded for making continuous railing.

There shall be two horizontal (sloping in case of stair-case) G.I. pipes, one at

0.5 meter height from floor and the other at 1.00 meter height from floor. There shall be

vertical G.I. pipes at maximum center to center distance of 1.50 meter. All the G.I.

pipes shall be welded for making joints. M.S. insert plates of 150 X 150 mm size and 6 mm

thick shall be provided in advance during casting of slab / stair concrete for welding

base of vertical G.I. pipes for railing. All the welded joints shall be finished smooth by

proper grinding. All the G.I. pipe railing work shall be applied painting with three coats of

approved color and make oil paint over a coat of red oxide primer.

If it is required to provide the expansion joint, the same should be provided by separation of

two structures. Minimum 25 mm thick. Bituminous particle board shall be used throughout the

surface of expansion joint. Polysulphide sealant shall also be filled as per standard specifications in

the exposed gap of expansion joint.

Inter connection of all units b y providing and constructing adequate size of RCC

platform/staircase with G.I. (Class-B) railing.

From the terrace of pump rooms, arrangement for rain water collection at one point and recharging

of the same in the ground by making a bore well of sufficient size shall be provided as per the

standard practice adopted by the NAVI MUMBAI Municipal Corporation.

For Foundation Stone Laying and Inauguration, name plate including lettering with golden

colour on granite stone (maximum size1.5 mt. x 0.9 mt.) should be provided and fixed as directed

by Engineer-in-charge.

Providing model using hard board/plywood in scale 1:50 with proper acrylic covering.

Display of as built drawings, photos, data in laminated form is also included in the scope of works.

Moreover, Steel plates showing names & numbers of units, buildings, Rooms, Pumps, etc.in



embossed & colored capital letters of at least eight inches of height in English, shall be provided

& fixed at proper places, as directed by engineer-in-charge.

The Contractor shall have to get approval from factory inspector as per factory act and should

submit the certificate of approval to NMMC The required drawings to be submitted to factory

inspector shall be supplied by the Contractor and approved drawings shall be handed over to

NMMC All necessary drawings/liaisons work etc. will be done by the contractor. NMMC will

assist only in submission of the application forms.

The contractor shall be required to give test report and submit the same to Electrical Inspector for

complete Electrical works done by the Contractor. The approved drawing/test reports shall be

handed over to NMMC

Insurance / responsibility of all the materials / equipment’s/ plants as well as accident / death of

labor shall be the Contractor’s account till handing over the plant to NAVI MUMBAI Municipal

Corporation even if part payment is released.

Note:

1) All the interconnecting piping for all the units, bypass piping including fittings and valves for

treatment plant, water supply & service water lines shall be provided.

2) The reject water treatment shall be carried out

3) All necessary electrical (power & control) and instrumentation (signal, communication, control

& power) cabling for HT, LT power distribution, instrumentation & PLC/SCADA

system for entire tertiary sewage treatment plant, etc. shall be provided.

The other units required are:

a) The TSTP shall be facilitated with Approach and Internal Roads, Road Kerbs, Storm Water

Drains, Plant Pathways, Plinth Protection works and drinking water distribution network. No separate

payment shall be made.

b) Bidder shall consider in his scope to provide lawns, plantation and landscaping within the TSTP

battery limit (approx. 1000 sq.m. as a minimum or higher as per final approved layout). Plantation

shall be provided along the plant roads, plot periphery, open areas and others as directed by

engineer in-charge.

The plantation shall be provided with necessary protection (Jali) and the species selected shall be

suitable for the site environment and must be shade giving trees. Contractor shall consider to

provide saplings such that minimum 100-120 surviving trees are available.

Bidder shall submit the Landscaping Design for approval of NMMC during detailed engineering

and shall carry out the work as per approval and direction of engineer-in-charge.

Contractor shall commence this work during 1 month period of trial runs and commissioning and

complete the same in all respects within 6 months from the date of works completion i.e. during

first 6 months of O&M period, to the satisfaction of engineer-in-charge.

The maintenance of these lawns, plantation & landscaping works shall be in the scope of contractor

during O&M period.

c) Earth filling, leveling and dressing around the treatment unit including cutting of trees, removal

of debris, shrubs and solid waste etc. within the premises of treatment plant & filling, to bring the

site up to formation level, landscape, tree plantation, shall be included in the scope of work of this

contract.

The scope of work shall also include:

All interconnecting pipes, channels, valves, fixtures, appurtenances.



Supply, erection, testing, commissioning of various mechanical, piping, electrical &

instrumentation equipment required for the smooth working of the tertiary sewage treatment plant,

including the O&M of entire treatment facility.

Any other item not indicated above but necessary, essential or incidental to the

completion of the above works and making them operational / All other accessories, whether

specified or not, but required for complete shall form part of contractors scope.

Preparation of plant layout; process design/unit sizing calculations; hydraulic

calculations and flow diagram including pump head calculations; P&I Diagram; civil, mechanical,

piping, electrical & instrumentation design, drawings, data sheets, sizing calculations, etc. as

applicable including architectural drawings for construction after review and approval and as

built drawings.

Obtaining Power connection for designed power load for running and operation of treatment

plant and other units within the project campus area from the power supply company (MSEDCL

or as applicable) including all required liasoning. Only the applicable statutory fees shall be

borne by NMMC.

Obtaining statuary approvals for the entire TSTP facility including MPCB clearance (NOC and

Consent), electrical inspector, chlorine tonner storage & filling, etc. Only the applicable statutory

fees shall be borne by NMMC.

Preparation and submitting of operation and maintenance manual for plant and equipment

in six copies.

Operation and maintenance of all components of project for the defined period of operation

and maintenance after successful trial run for defined period and commissioning.

Providing training services to NMMC’s engineers or related departments engineers as per the

direction of engineer-in-charge.

The successful bidder shall make the necessary arrangements to dispose off the sludge at the present

landfill site of NMMC.

Providing inspection and testing of all equipments and materials required for execution of the work

at his own cost.

1.3 Completion Period:

The completion period for construction of entire tertiary sewage treatment plant as per the scope of

work covered under this tender shall be 18 months including testing, trial run and commissioning

[Including monsoon] commencing from the date of Work Order including Erection, Testing & Trial Run.

1.4 Erection, Commissioning and Trial Run Period: Erection, Commissioning and Trial run period for tertiary sewage treatment plant shall be 3 (three)

months after the date of completion of project in all respect.

The time period for Erection shall be 2 (two) months and for Trail Run and Commissioning shall be 1

(one) month. The trial run and acceptance of the plant after stipulated guarantee run shall be carried

out based on the quantity of sewage made available by NMMC at the time of trial and run and

commissioning including guarantee run of the plant.

1.5 General Principles The bidder shall carryout all works wholly in accordance with the terms and conditions of the contract to

fulfill the requirement of the project. All the material used, and the equipment installed shall be as per the

specifications defined in the contract and the work shall be executed with good engineering practices.

Generally, the following activities shall be carried out for each component of this contract but shall not be

limited to.

(i) Submission of all documents required according to the Contract (security deposite /

performance guarantee, insurance policies, if any etc.)

(ii) Preparatory Work :The Contractor shall use the land earmarked to accommodate for siting of



all the units of the final capacity of proposed works. The Contractor shall construct approach

roads connecting to all treatment units, and ancillary civil structures to be constructed within the

campus from the main road upto Plant site. The contractor will have to use the same for

transporting the materials to the site. The Contractor shall construct a bench mark at a suitable

location within the campus to establish a GTS bench mark at a suitable location within the site and

transfer level from the existing bench mark, as approved by the Engineer-in-charge. All levels

shall be deemed to refer to that benchmark. The Contractor may establish other secondary

benchmarks on the site, where required.

(iii) Soil Investigation: The Contractor in co-ordination with the Engineer in Charge has to determine

at each location of a building or a water retaining structure the soil characteristics (safe bearing

capacity, angle of friction, cohesion etc.) in order to design the dimensions of the foundations. It is

also important to assess the potential of changes in water table, erosion and exposure of foundations

and the stability of the soil with view to the lateral resistance to be taken into account. The soil

conditions have to be analyzed for all important structure of the tertiary sewage treatment plant.

The results of the survey, the sampling, the laboratory analyses and the calculations shall be

presented in a report in three copies to the Engineer in Charge. The execution of the foundations

shall be started only after approval of the Engineer in Charge. The contractor

however will be responsible for design of the structures based on the results of these

investigations.

(iv) Along with the excavation for the various structures, the Contractor shall assess all the necessary

parameters such as type of soil, the strata, the level of groundwater and other indicators important

for structure. He has to establish soil profiles and submit these to the Engineer in Charge for

approval of the following.

(a) Carrying out necessary Topographical Survey for all the units, pipeline etc. road works and

campus development within the limits of the contract in consultation with the Engineer in

Charge.

(b) Preparation and submission of the layout plans of entire treatment system with ancillary

structures, cross sections and conceptual drawings etc. of all components of the project. The

drawings must be on scales as appropriate subject to the prior approval of the Engineer in

Charge.

(c) Additionally, the contractor has to assess the type of soil, the strata, the level of ground water

and other indicators if any and establish soil profiles and submit these to the Engineer in

Charge.

(d) Submission of the process design, hydraulic calculations for the design of the tertiary

sewage treatment plant, inter connecting pipe, channels etc., layout and P&I diagram.

(e) The Contractors will have a choice to make use of the data/information/reports etc. placed in

this volume but the department does not stand guarantee to the data / information / reports /

designs / drawings included in this volume. The Contractors will be solely responsible for

preparing and submitting required drawing after carrying out appropriate field surveys, data

collection, designs etc. for approval of Engineer-in-Charge.

(f) Approval of all design and drawings, material to be used, equipment specifications and the

samples, shall be obtained from engineer-in-charge prior to commissioning of work on site.

Unless mentioned otherwise, if for any specific provision / references have been made in

more than one specifications, the provision which is more stringent of the lot shall be

applicable and shall be binding upon contractor.

(g) Submission of the design, specifications, catalogues and the technical data sheets of

all the equipment, electrical system, design of the electrical components and the switchyard,

shall be made taking into account the interfaces to the other project components /packages and

the second phase of Project.

(h) Preparation and submission of all detailed working drawings on the basis of conceptual

designs and plans approved by the Engineer in Charge.

(i) Providing adequately planned plinth protection works for all structures to be

constructed.



1.6 Design / Drawing / Document Submission

(a) Along with Bid for Evaluation Purpose

All drawings/documents/design submitted along with the tender shall be for bid purpose

only. These shall be subject to modification/approval at the time of detailed engineering.

Such changes shall not have any techno-commercial implications.

The documents as specified elsewhere for submission with bid, shall be submitted as directed

earlier.

(b) Design / D e t a i l e d Engineering / C o n s t r u c t i o n Drawings f o r R e v i e w &

Approval

Contractor shall carry out basic design and detail engineering work for TSTP and submit

various drawings and documents for approval of client / consultant before these are released

for construction or manufacturing.

On award of the work the contractor shall hold a design conference with client / consultant

to discuss and finalize various parameters before the start of actual basic engineering at no

extra cost to owner. As this is a lump sum contract, any changes suggested due to sound

engineering practice shall be incorporated at no extra cost to the client.

Contractor shall initially submit six sets (two set for client, two sets for consultants

and two sets (office & site copy) for contractor) of each of the design, detailed engineering

drawings & documents in hard copy for review and approval of client / consultants. In

addition contractor shall also submit these drawings & documents in two sets in soft copy to

client / consultants in suitable format for review of client / consultants. Client / consultants

shall review and approve or else furnish their comments / observations, if any. Only the

approved drawings can be released for construction / manufacturing, subject to compliance

of comments, if any, furnished with the drawings or documents approved by client /

consultants.

In the event of comments or non-approval of drawings or documents submitted by contractor,

the contractor shall re-submit the concerned drawing or documents within 15 days from the

date of issue of comments by e-mail or letter, as applicable & whichever is earlier, in

number of sets and type as mentioned above for initial submission for review and approval of

client / consultants. All revision number of the drawing / documents shall be revised for each

re-submission (i.e. initial submission shall be considered as Revision 0 and subsequent

submission shall be treated as Revision 1, 2, 3 and so on till the subject drawing or document

is approved for construction) and all the revisions shall be marked in the revised drawings.

Contractor shall retain the set of original as well as copy of all drawings and documents

at site duly approved for construction / manufacturing. All construction and

manufacturing shall be as approved drawings only and shall be subject to compliance of

comments.

However reviewing of design / drawings / documents is not obligatory on the part of client /

consultants and complete correctness / soundness of the design / drawings and their

execution at site shall be the sole responsibility of the contractor irrespective of the fact

whether the same has been reviewed / approved by client/consultants or not. Any defect

observed during commissioning and / or operating the plant shall be rectified by the

contractor by carrying out the necessary modification or rectifications, as applicable.

All hard copies shall be submitted to client along with required covering letter by courier or in

person and soft copies any be submitted either in person or by courier

– in CD or by e-mail to client as well as consultants.

(c) As-Built Drawings

Contractor shall submit five sets (two sets for client, two sets for consultants and one set for

contractor for records) and two sets in soft copy (one set each for client and consultants) of each of

as-built design and detailed engineering drawings & documents in hard copy duly incorporating the

changes, if any, during the construction phase and duly approved by client with respect to the

approved drawings for records of client / consultants. The contractor shall get the as-built drawings

/ documents reviewed and certified by client’s engineer and project management consultants or



Third Party Inspection Agency (if applicable) representative at site prior to submitting these

documents for records.

Contractor shall submit as-built drawings of all civil works (Civil / Mechanical G.A. Drawings),

piping layout and piping drawings/isometrics, electrical SLD, electrical and instrument cable

layouts, earthing layout in two sets in AutoCAD format (suitable revision to be conveyed later

during detailed engineering) for records and future use of client.

(d) O&M Manual / Commissioning Related Documents Following Documents shall be submitted as a minimum:

1) Plant Operating Manual

It shall include:

x Plant Units operation philosophy

x Instrumentation philosophy

x Operational-Control Logic

x Initial start-up

x Abnormal operating conditions

x Shutdown and emergency procedures

x Precautions and hazards

x Routine checks & operations

x Process Upsets & Recommended corrective action

x Recommended spare list for two years smooth, trouble free operation

2) Equipment Operation & Maintenance Manuals

x Operation / maintenance manuals supplied by respective vendors for all equipment

/ units in consolidated form (Preferably in volumes covering each treatment section).

x Any specific requirement.

3) Suggested PGTR (Performance Guarantee Test Run) Procedures

Initially two sets of each of the above documents in hard copy shall be submitted

for review and approval of client / consultants. Client / consultants shall furnish their

comments / observations, if any.

Contractor shall incorporate the comments / observations furnished by client /

consultants and shall submit each of the above documents duly approved by

client/consultants in five sets in hard copy (Three sets for Client, One set for Consultant

and One set for Site) and Two sets in soft copy (on two separate CDs, one each for client

and consultant’s records)

1.7 Tendering Information

Contractor to adopt/adhere to the general engineering specifications and practice given

below while designing the treatment plant which shall form as part of specific

requirements and shall supersede general requirements specified elsewhere in tender

when observed to be in conflict to below requirements:

(a) Design capacity of all the units including inlet/outlet channels/piping, chemical dozing,

MCC, control panel etc. of the proposed plant, shall be as per the capacity specified in the

datasheets for each plant.

(b) As per the requirements of the tender and post-work order discussion the contractor,

he shall prepare and submit layout plan, Hydraulic Flow diagram & P&I diagram for the

proposed plant for approval to NMMC. He shall also submit General Arrangement (G.A.)

drawings of all the units of the proposed plant for approval to NMMC.

(c) Layout plan shall be prepared to accommodate all the units of the plant, considering

the available space as shown in the tentative plan enclosed with the tender.

(d) If, due to shifting of location of any units as per approved drawing, the length of inlet

pipeline or outlet pipeline/channel is increased, no price difference shall be paid to the



contractor.

(e) After approval of G.A. drawings submitted by the contractor from NMMC, the

contractor shall design & prepare the structural drawings of all the units of the plant as

per the tender requirements, relevant IS codes and soil investigation report enclosed with

the tender and then submit the same with design calculations to NMMC for approval.

(f) NMMC will in turn get the structural drawings checked from the consultant,

appointed by them. If any revisions/ corrections/additions/deletions are required in the

drawings submitted by the contractor, as per the views/remarks of the structural

consultant appointed by NMMC, then the contractor shall prepare and resubmit the revised

drawings accordingly for approval again.

(g) Only after the full conformity with all the tender requirements, latest relevant IS codes and

views/remarks of the structural consultant appointed by NMMC, the structural drawings

submitted/resubmitted by the contractor shall be approved by NMMC. Only after approval

from NMMC, the drawings shall be released for construction at site.

(h) During the course of construction also, if in view of NMMC and/or structural

consultant appointed by NMMC, if any changes are required in the already submitted

& approved drawings/details etc., then the same shall be redesigned and resubmitted to

NMMC, showing the revisions made therein, without any extra claim.

(i) After making all the necessary revisions in the drawings and after the total

construction, the contractor shall submit the three sets of “As built drawings”& Datasheets

along with soft copy in CD format for all Civil, electrical and mechanical units /

Equipment’s of the plant.

(j) All the RCC (Reinforced Cement Concrete)components of water retaining/ water flowing

parts / buildings including foundations & super-structure of all the units of the proposed

plant shall be of minimum M-30 grade of concrete or more as per the requirement of the

design, except specifically mentioned for specific item elsewhere in tender. Minimum

thickness and concrete grade of PCC (Plain cement concrete) for foundation

base/footings of any unit of the proposed treatment plant shall be 100 mm and M-15.

(k) The structural designs of all the units shall have to be carried out as per the latest relevant IS

codes, including the codes for wind load, earthquake loads etc.

(l) The necessary formwork and scaffolding for the RCC work shall be made of steel only.

(m) The contactor shall have to make his own arrangement for necessary water for construction

and operation-maintenance

(n) Foundation depth for footing type of foundation for any unit shall not be less than 2.00

meter in any case but up to the good soil for footings to rest. Tenderers shall

carry out necessary soil test to arrive at foundation type and details. (o) Wherever soil stabilization is required, the minimum requirement shall be as

under.

The soil shall have to be stabilized with 3% lime + 12% fly ash. The lime shall have

minimum CaO content of 60%. The thickness of soil stabilization shall be minimum 325

mm. After stabilization, the contractor shall have to ascertain the soil bearing capacity that

has been adopted in design, by carrying out necessary field tests.

(p) While designing the depth of the foundation for any units, the R.L. of the final disposal

point shall be taken into consideration & accordingly the foundation / footing / base of all

units shall be designed in structurally stable & sound manner. All relevant best engineering

practice & relevant IS code to be followed.

(q) Expansion joints in RCC/brick structure of the proposed plant shall be designed and

provided as per the requirement given in the latest relevant IS codes. It shall be provided

by construction of double wall/column.

(r) The contractor shall have to take proper care at all the construction joints to prevent

any kind of leakage. The contractor may or may not use PVC or rubber type water stopper

as per design requirement

(s) The platform and staircase width shall be minimum 1200 mm.

(t) Monorail and chain pulley block (manually operated) shall be provided at all pump

houses (both under ground and above ground) for handling of pumps / blowers / others

equipment’s as required and each shall be of adequate capacity (minimum 1.5 times the

weight of the equipment / single heaviest component). Monorail / Rail shall be extended to



outside pump house / building to facilitate loading / unloading of equipment directly on

vehicle, for which ramp approach shall be given.

(u) Adequate measure shall be taken to prevent dry running of the pump in all modes of

operation i.e. manual as well as auto mode. Low level to trip the pump shall be above the top

of pump casing. The sump floor shall slope towards suction pit / channel. Care must taken

especially for underground sludge sumps to provide suction pit of adequate size for

emptying the sump for ease of maintenance.

(v) Effective liquid depth of units shall be considered between levels corresponding to lowest

level switch and highest level switch. Flooded suction requires that lowest level switch

shall not be lower than the elevation of discharge flange of pump. Displacer / Float type

Level switches (in addition to level transmitter where specified for auto operation /

alarms) shall be provided for dry run protection of pumps to trip the pumps irrespective

of auto or manual mode of operation of the pumps.

(w) All pump areas / pedestals shall be provided with kerb walls and suitable arrangement for

collection of leakage and connection to the nearest piping/unit, keeping in mind the process

requirement. In dry wells, necessary drain collection pit and dewatering pump of sufficient

capacity and head requirement for auto operation with low & high level switches and alarm

with high-high level switch shall be provided in all pump houses, especially underground

pump house for this purpose.

(x) Vehicular approaches shall be provided to the units for operation and wherever required

maintenance .

(y) Flushing connections shall be provided for all sludge handling units and sludge lines.

(z) At all the new units of TTP, the outside plaster shall have to be carried out up to

300 mm below the Ground Level.

(aa) Access to all units / walkways / platforms shall be by RCC stairways except for valve and

such operating platforms requiring occasional use where access with ladders shall be

accepted.

(bb) The contractor shall have to construct the roads along with the road side kerb and PCC 1:3:6

pavements of 150 mm thick, for the approach of all the units. The road side kerb shall be

of size 450 mm deep (total) and 75 mm thick. It shall be constructed in RCC M 20.

(cc) The cattle trap shall be provided at the entrance gate of TTP to restrict the entry of animals in

the TTP campus

(dd) The Plinth Protection works to water retaining structures only shall be provided

(ee) At all the new units of TSTP, the outside plaster of 20 mm thickness sand faced double

coat shall have to be carried out from top level of structure to 300 mm below the G.L. The

inside plaster of water retaining structure shall be 20 mm double coat water proof plaster.

The inside plaster for other structures shall be 12 mm thick smooth plaster.

(ff) Internal surfaces of all water retaining structures shall be white washed (Two Coats)

from top level of structure to 500 mm below liquid depth or as specified for particular

units in tender elsewhere.

(gg) The contractor shall have to provide storm drainage facility as per requirement.

The storm drainage shall be open RCC M20 channel with RCC M20 grating / RCC NP3

class pipe drain with chambers. There should be no water logging in the plant premises.

(hh) The clear distance between adjacent pump / blower pedestal shall be minimum

1000 mm. The clear distance from pedestal to internal face of end walls shall not be less

than 1500 mm. The clear distance from pedestal to internal face of walls on suction and

motor side of the pumps shall not be less than 2000 mm.

(ii) Minimum clearance of 1000 mm shall be provided around pumps, blowers, equipment

pedestal for paving etc.

(jj) Motors of all outdoor equipment shall be covered with canopy.

(kk) All chemical dosing pumps shall be provided with pulsation dampeners. Metering pumps

shall have bypass with valves and external pressure safety valves.

(ll) Common delivery header and suction header of pumps (and blowers) shall be provided

with a blind flange on one end.

(mm)All motors shall have running (on/off) & fault indication at MCC as well as at SCADA

terminal. All starters shall be provided with auto / manual selector switch (with auto mode

selection status input to PLC / SCADA) as well as with Local / Remote selector switch. The



motors shall operate through PLC in auto mode and in manual mode it shall operate through

push buttons at LCS when selected in remote mode and from push button at MCC when

selected for local mode. All stop push buttons shall be mushroom head stay put type with

padlocking facility.

(nn) All variable frequency drives and soft starters shall be selected to provide current after

suitable derating for 55°C continuous operating temperature equal to or above the rated

current of driven motor.

(oo) PCC/PMCC shall be of single front type only. Similarly soft starter cubicles and

VFD starter cubicles shall be in single front execution only.

(pp) Clear Distance between two Civil units should not be less than 5 m. (qq)

Knife Gate valves shall be provided for sludge application.

(rr) The reinforcement steel shall be CRS Fe-500 grade.

(ss) Doors, Windows and Ventilators shall be of aluminum glazed type with EZ

section.

(tt) Carting of surplus excavated earth shall be within 5 Km radius.

(uu) The plinth level of all the building shall be min. 600 mm above FGL or HFL whichever is

higher. The roof of the building (bottom of slab) shall be min. 3.6 m above plinth level or

higher as required. It shall be constructed in RCC M 25.

(vv) All the building shall be provided with 1000 mm wide plinth protection of 75 mm thick in

M 15 grade concrete laid over 150 mm consolidated rubble soling.

(ww) The gratings at the various units of the plant shall be made of MS FRP coated. All

Valve chambers shall be covered with MS chequard plates with FRP coatings. (xx) All

cables within building shall be laid on cable trays or in cable trenches or both and for

cables on walls / platforms of various buildings or civil units shall be laid on cable trays and

all cables to be laid outside the building / outdoors shall be laid buried in ground. All cables

trays shal be of medium duty GI and cable trenches shall be in constructed in RCC.

(yy) Except for pipes / channels for which minimum sizes are specified in tender

specifications and in this specific requirement, fluid velocity to be considered in the design

of balance pipes / channels / valves / gates shall be as under:

Gravity Flow Pipelines 0.75 m/sec to maximum 1.5 m/sec.

Pumping Suction Pipelines 1.20 m/sec to maximum 2.0 m/sec.

Pumping Discharge Pipelines 1.50 m/sec to maximum 2.5 m/sec.

Air Pipelines 15 m/sec to maximum 21 m/sec.

(zz) Wherever size (diameter) of any type of valve on any pipeline of any unit of the proposed

plant is not mentioned in the tender, the same shall be considered as the full diameter of the

pipeline proposed to be used.

(aaa) Necessary Drawings/details for Electrical/ Mechanical/ Piping/ Instrumentation/ SCADA

shall also be prepared & submitted by the contractor for approval to NMMC, prior to

starting of work of the concerned discipline.

(bbb) Inter-disciplinary details for proper co-ordination between civil, electrical,

mechanical, instrumentation, piping, SCADA etc. shall be clearly shown on the drawings

with necessary cut-outs, puddles, insert plates etc., as per the requirement.

(ccc) Wherever, reference to any IS code is made in this tender for any

material/equipment etc., it shall be referred for its latest revision.

(ddd) To avoid entry of birds, all windows, ends of girders and other large openings shall be

covered with GI wire mesh.

(eee) Plantation in the campus of TSTP, including lawn, trees, shrubs, plants etc. shall have to be

maintained by the contractor during the Operation and Maintenance period

(fff) All Civil units as well as electrical-mechanical items, painting work is included in the tender

scope as a part of Capital Work, as per the painting work specification mentioned in the

tender.

(ggg) The contractor shall have to submit the monthly report for energy



consumption for TSTP invariably. (hhh) All indicative / measuring meters must be Digital type only.

(iii) All the motors shall be of low RPM, i.e. <1000 RPM, except the motors used for high

pressure pumps for UF system. For UF system contractor shall supply motors with

<1500 RPM.



D. PROPOSED TERTIARY SEWAGE TREATMENT PLANT

The scope of work under this tender includes Process Design and detailed engineering and construction of

all works as described hereunder to achieve the objective to treat the Secondary treated sewage as per the

stipulated quality standard as per good and acceptable engineering practices and workmanship manner.

Wherever reference is made of the employers design, drawings, or concept, it may be understood

that these are concepts of the employer and the responsibility for correctness of designs, drawings and

safety of equipment/structure shall rest on the contractor. Tenderers are advised to inspect the site for

further clarifications and to understand the scope of work. It is the contractors responsibility to carry out

all the works required to complete the scheme under this project whether it has been mentioned or not.

RAW SEWAGE, SECONDARY TREATED SEWAGE / TTP FEED WATER

CHARACTERISTICS AND TTP TREATED – INDUSTRIAL GRADE WATER

CHARACTERISTICS

The plant is to be designed to treat the average Secondary treated wastewater flow to obtain nett

output of Tertiary Treated Sewage of 20 MLD.

The plant is to be designed to treat the wastewater of characteristics provided in the table below. In

the table, the raw sewage characteristics, secondary treated sewage characteristics requirement and the

tertirary treated – Industrial Grade Water characteristics requirements are provided. The tenderer shall

have to consider all these parameters and its characteristics, while designing tertiary treatment plant. The

feed water characteristics that is to be considered for the designing of UF based Sewage recycling plant

(TTP), is provided in the table below, duly considering that gurarantee of secondarty treated sewage rests

with the tenderer/contractor for the smooth running /operation of UF units, to achieve the desired quality

tertiary treated water – Industrial grade water as provided in the table hereafter.



TABLE - A: Source of Treated Sewage from Navi Mumbai STP Site in future for New proposed 20

MLD net output TTP

CHARACTERISTICS OF TREATED WATER AT: KOPAR KHAIRANE STP OUTLET

(DATE: 7-7-2017)

Sr

No

Test Parameter Result Unit Limit Test

Method

1 pH 7.5 -- -- IS: 3025

(P-11)1983

2 Total Suspended

Solids (TSS)

<10 Mg/l -- IS: 3025

(P-17)1984

3 Dissolved Oxygen

(DO)

6 Mg/l -- IS: 3025

(P-38)1989

4 Total Dissolved

Solids (TDS)

280 Mg/l -- IS: 3025

(P-16)1984

5 Chemical oxygen

Demand (COD)

16 Mg/l -- IS: 3025

(P-58)2006

6 BOD 3 days 27

degree cel

<5 Mg/l -- IS: 3025

(P-44)1993

7 Phosphorous 0.5 Mg/l -- IS: 3025

(P-31)1988

8 Total Ammonical

Nitrogen

<0.1 Mg/l -- IS: 3025

(P-34)1988

9 Total Kjeldahl

Nitrogen (TKN)

1.9 Mg/l -- IS: 3025

(P-34)1988

10 Free residual

chlorine

<0.2 Mg/l -- IS: 3025

(P-26)1986

11 Turbidity <0.5 NTU -- IS: 3025

(P-10)1984

12 Fecal coliform >1600 MPN/ 100

ml

-- IS: 1622 -

1981

13 E. coli >1600 MPN/ 100

ml

-- IS: 1622 -

1981



CHARACTERISTICS OF TREATED WATER AT : AIROLI STP OUTLET

(DATE: 7-7-2017)

Sr

No

Test Parameter Result Unit Limit Test

Method

1 pH 7.1 -- -- IS: 3025

(P-11)1983

2 Total Suspended

Solids (TSS)

<10 Mg/l -- IS: 3025

(P-17)1984

3 Dissolved Oxygen

(DO)

4.6 Mg/l -- IS: 3025

(P-38)1989

4 Total Dissolved

Solids (TDS)

1254 Mg/l -- IS: 3025

(P-16)1984

5 Chemical oxygen

Demand (COD)

24 Mg/l -- IS: 3025

(P-58)2006

6 BOD 3 days 27

degree cel

6 Mg/l -- IS: 3025

(P-44)1993

7 Phosphorous 0.3 Mg/l -- IS: 3025

(P-31)1988

8 Total Ammonical

Nitrogen

<0.1 Mg/l -- IS: 3025

(P-34)1988

9 Total Kjeldahl

Nitrogen (TKN)

2.3 Mg/l -- IS: 3025

(P-34)1988

10 Free residual

chlorine

<0.2 Mg/l -- IS: 3025

(P-26)1986

11 Turbidity <0.5 NTU -- IS: 3025

(P-10)1984

12 Fecal coliform >1600 MPN/ 100

ml

-- IS: 1622 -

1981

13 E. coli >1600 MPN/ 100

ml

-- IS: 1622 -

1981



MAJOR COMPONENTS TO BE COVERED UNDER THIS TENDER

1.0 INLET ARRANGEMENT:

Inlet Chamber of Disk/cloth media type fine filtration system shall receive flow of secondary

treated sewage from STP site. The treated sewage shall be supplied from Navi Mumbai Sewage

Treatment Plants at the inlet channel to the Disc Filter where it will be mixed with the suitable

capacity mixer. All design inlet parameters to Tertiary Treatment Plant shall be measured from the

mixed sewage at inlet chamber.

2.0 COMPONENTS OF PROPOSED 20 MLD TTP

The various components of the Tertiary Treatment Plant to be constructed are as under:

2.1 Civil Components

Filtration shed

Shed for entire UF system

RCC UF feed water tank with epoxy lining

Backwash / Reject Collection Tank

Admin / control room with Laboratory

MCC room and transformer yard

Flash Mixer, Clariflocculator for UF Reject treatment with chemical dosing system

Foundations for all equipment / Tanks / Pump Houses / Degasser System

2.2 Mechanical Components

Disk /cloth media type fine filtration

Manual Strainer (100micron)

Ultrafiltration(UF) system comprising of membrane modules, backwashing system,

Cleaning in Place system (CIP) system, etc.

Chemical dosing system (Coagulant, pH correction, etc) for UF operation, if

required.

Strainers/ Filters in UF backwash line

UF backwash

Sludge Dewatering unit for reject water.

Degasser Units

ACF Units

2.3 The interconnecting piping work including all piping, valves, flanges, fittings and hardwares

including pipe support structures between various treatment units as per scope of work with

related civil works, valve chambers, etc. complete

2.4 The electrical works for entire TTP including but not limited to HT panel, transformers, MCC

panels, APFC panel, PMC, change over system to proposed TTP MCC, HT and LT cables,

earthing systems, push buttons, plant and room lighting cable trays and tray supports, related

civil work including cable trench etc complete as per scope of work and process requirement.

2.5 The instrument items as specified in the scope of work and process requirement for proposed

TTP including instruments, hardwares, cable trays, and tray supports, PLC control system,

related civil work.

2.6 Testing, commissioning, trial run of the plant as per scope of work.



BRIEF PROCESS DESCRIPTION OF UNITS FOR PROPOSED 20 MLD TTP

The treatment plant is designed based on the following basis:

Final treated water quantity (nett output) : 20 MLD

UF Recovery attained / designed : ≥ 88%

UF Flux LMH : ≤20 (Max)

UF Membranes: Modified /Reinforced PES having good antifouling properties

TERTIARY TREATMENT PLANT (TTP) PROCESS DESIGN

PRE-TREATMENT STAGE:

Pre-treatment stage is aimed to removal of suspended solids, colloidal matters, Silica and making

treated sewage suitable for feeding into membrane systems for their longer life and expected

performance.

Chlorination Prior to UF:

Continuous chlorination of UF feed water may be applied, if required.

Provision for shock chlorination (high dose of chlorine for short period of time) shall be provided

prior to the UF Units. Shock chlorination of upto 10 ppm for 30minutes to 1 hour (Max) three times in a

week shall be considered.

ULTRAFILTRATION

the ultra-filtration is required to lower the colloidal fouling potential to acceptable levels. In practice this

is measured using SDI15 fouling index measurement technique.

The fifteen minute Silt Density Index (SDI15) of the filtrate shall not exceed 3.0 during 95 percent of the

time and shall never exceed 4.0

To achieve the above objectives the pre-treatment plant scope of works includes:

Chlorination, if required.

Manual strainer

Ultra-filtration

Filtered water storage

UF backwash pumps

UF CIP system

Manual Strainer:

The Filtering process raw water enters the filter inlet through the coarse screen which protects the

cleaning mechanism from large debris. The water passes through the fine screen, trapping dirt particles

which accumulate inside the filter. Clean water flows through the filter outlet.

The gradual dirt buildup on the inner screen surface causes a filter cake to develop, with a corresponding

increase in the pressure differential across the screen. A pressure differential switch senses the pressure

differential and when it reaches a pre-set value, the cleaning process begins.

The Strainer shall be manual wedge wire type and shall have maximum rating of 100 microns.

Ultra-Filtration:

Ultra-filtration shall be provided to filter the screened clarified water. This will remove many of the



colloidal particles remaining in solution and produce filtered water with low SDI and turbidity. The

primary purpose of the UF system is to remove sub-micron particles including bacteria, large colloids and

other suspended solids from the treated effluent to improve the performance of the downstream RO

process by reducing fouling and minimising the chemical cleaning requirements. The secondary purpose

of the UF System is to serve as one of the “multiple barriers” to the micro-organisms.

Minimum 7 Nos. of UF Trains (6W + 1S) must be provided. Each Rack must be equipped with

provision to mount additional 20% (minimum) membranes in future and the hardware (feed pump,

backwash pump and piping, must all be sized based on this requirement).

Space must also be provided in the layout for installing one additional skid at a later date, if required.

Space must be provided in the layout for installing Reverse Osmosis (RO) plant in the future.

Guaranteed Performance Requirements:

The filtrate turbidity for any 24-hour period shall not exceed 0.5 NTU.

The fifteen minute Silt Density Index (SDI15) of the filtrate shall not exceed 3.0 during 90 percent of

the time and shall never exceed 4.0

Spare Capacity

The bidder shall provide additional “spare” space in the UF skids, layout and foot print such that

additional modules can be readily installed into each of the membrane skids to provide 20%

(minimum) additional membrane area per train and operate at a reduced flux in the future, if

considered necessary.

Space and pipe connections provided for this additional 20% membrane area shall be shown on the

detailed design layout, to allow for future installation of additional membrane area, in case of

deterioration of feed water quality.

The bidder shall also provide sufficient space for the possible future addition of one(1) complete

UF skid.

Membrane and Rack MOC Requirements:

Membrane Fibres: Modified / Reinforce PES Module

Body: PVC-U/ SS 316

Filtrate headers: PVC-U/ SS 316

Filtrate Pipes: PVC-U/ SS 316

Frames: 10037 (CS/MS) C4 coated

UF Backwash Water Storage: Water from this UF permeate tank shall be used as Feed water to the RO trains. Some of the water is used

to backwash the Ultra Filtration trains to maintain the operating flow/flux of the membranes

UF CIP system

A CIP system is provided for the ultra-filtration plant. This can be used to undertake

maintenance or recovery cleans of the UF membranes to maintain plant performance

UF SYSTEM OPERATION: The UF system consists of the following modes of operation:

Service Cycle:

The UF membrane system will operate on an out-to-in mode where the feed stream flows on the

outside of the membrane with the filtrate flowing through the inside.



To maintain a minimum cross – flow velocity, some of the reject stream shall be re-circulated to prevent

the accumulation of solids on the surface of the membrane. The balance of the reject stream shall be bled-

off to prevent the build-up of solids in the re-circulation loop. Such feed and bleed operation allows the

UF to operate continuously before the need for backwash thereby improving recovery and availability

of the system.

UF Backwash (BW) Cycle: With the accumulation of solids during filtration, the resistance to flow will increase which can be

overcome by subjecting the membrane to a reverse flow, with the product water Air-scouring

is also introduced concurrently to improve the effectiveness of the Backwashing. This backwashing

operation shall be carried out periodically which can be predetermined by either total flow or elapsed

time. The overall system will be controlled such that only one train will undergo backwashing at any one

time. The backwash stream is discharged to the waste sump.

Maintenance Cleaning (MC): To maintain optimum filtration efficiency, periodic chemical cleaning of the membranes is required. MC

is an automated sequence meant for short-term regaining of permeability, which is a short duration

cleaning with chlorine and citric acid as per pre-set schedule with minimum stoppage of the system. The

frequency of maintenance cleaning is dependent on the raw water quality and its variation. The expected

frequency of this short term cleaning is 48-72 hours.

Recovery cleaning (RC):

An extensive cleaning procedure requires longer stoppage on a process train for permanent regaining of

the membrane permeability and performance. The membranes are subjected to a regime of soak and flush

cycle which will remove the foulants or contaminants that cannot be removed by backwashing alone.

Similar to MC, frequency of RC is dependent on the feed water quality and its variation; the

expected frequency of this long term cleaning is once in 15-25 days

UF CIP SYSTEM:

A dedicated cleaning in place system will be provided for Ultra filtration system which consists of one

number chemical preparation tank, Two (2) numbers of CIP pump & its necessary accessories.

ACID, SMBS AND ANTISCALANT DOSING SYSTEM:

The UF product water is then dosed with acid (if required) for bringing down the pH is aimed to reducing

the LSI as per the membrane manufacturer’s recommendation, which will enhance the life of

membranes and In case any chlorine passes though, the Oxidation Reduction Potential (ORP) meter

senses the free chlorine and trips the RO High pressure Pump. This automation is to ensure that the

chlorine water will not enter the RO Plant as the chlorine will hydrolyse the RO Membranes.

All dosing system shall be provided at the inlet of final Micron Cartridge filters (5 microns). The

dosing points shall have enough residence/ reaction time in the piping and no two dosing points shall be

provided near to each other (minimum distance shall be maintained as per manufacturer

recommendation) to avoid any unnecessary reactions and by products.

DATA SHEET OF UF SYSTEM:

Sr.

No

Particulars Details

1 UF Feed Flow Rate 48 MLD (Average), 50 MLD

Maximum

2 Recovery from UF System 90%

3 UF Filtrate Flow 43 MLD

4 Nos. Of Skids 7 Nos. (6W+1S)



Sr.

No

Particulars Details

5 UF Feed Flow Rate / Skid 347.22 m3/hr

6 UF Filtrate Flow / Skid 298.61 m3/hr

7 Type of Membrane Hollow Fibre

8 Type of Membrane Mounting Vertical

9 Active Filtration Area / Membrane 55 – 60 m2

10 Mode of Operation Crossflow/Dead End

11 Pore Size (nominal) < 0.012 microns

12 Feed Temperature Max 40°C

13 Design Flux Rate 20 lmh

14 Allowable TMP Filtration 1.5 bars

15 Chlorine Resistence (Normal) Max 200 ppm

16 MOC of Membrane PESM/Reinforced PES

17 MOC Membrane Housing PVC-U / SS 316

18 MOC of Racks PVC-U / CS (with powder coated paint)



REVERSE OSMOSIS UNITS: (IF ADOPTED BY EMPLOYER)

Reverse Osmosis process is a membrane process in which a synthetic semi-permeable membrane

is used to separate water from dissolved impurities. When a semi-permeable membrane separates a

dilute and concentrates solution of salts, due to osmosis, the water from the dilute solution side passes

through the membrane to the concentrated side till osmotic equilibrium is attained. Now, if the

pressure is applied and increased gradually on the concentrated side, the flow of water continues to

reduce till the applied pressure reverses the direction of flow of water and water from the concentrated

side enters the dilute side. This process is called the Reverse Osmosis. It is very essential to ensure that

the water fed to reverse osmosis membranes is free from particulate matter to prevent membrane

fouling. Also, the

water should be free from organic matter, heavy metals and oxidizing agents like free chlorine. Thin Film

Composite Semi Permeable Membranes under the influence of external pressure will undergo the

process of Reverse Osmosis separating high TDS water into Very Low TDS Permeate (more than 99%

salinity rejection) and Very Highly TDS Reject streams. The RO system consists of minimum 5trains.

The RO membrane shall be selected as low pressure / high pressure typr as per bidder’s own design.

The partially blending of the RO permeate (24 MLD) with UF filtered water (11 MLD) will make suitable

treated water quality (TDS < 500 ppm) as required.

LIMITING CONDITION OF FEED WATER TO RO UNIT

• SDI : <3

• Temperature : 40 deg. C (max.)

• Free chlorine : Nil or as per design

• Oil and grease : Nil or as per design

9.0 REVERSE OSMOSIS (RO) SYSTEM (IF ADOPTED BY EMPLOYER)

A. CARTRIDGE FILTERS

Rated flow (m3/h) 333.33 per Cartridge Housing

Total flow(m3/h)

1333.32 (4W Filter + 1 SB

Filter)

Micron rating (microns) 5 (Nominal)

MATERIAL OF CONSTRUCTION

Cartridge filter membrane PP

Shell SS316L

Type of cartridge PP wound

B. RO Trains

System Manufacturer Toray / Ovivo / Hydranautics

Number of RO Trains 4 Nos. Working

Feed Flow rate (m3/hr) per train 333.33

Permeate Flow rate (m3/hr) per train 250

Total Recovery 75% (single pass)

Number of stages per train 2 Stages

Pressure Vessel in Stage _1 As per design

Pressure Vessel in Stage 2 As per design



SILT DENSITY INDEX

The SDI of feed water to RO shall be kept below 3 for a continuous operation of the RO plant. The SDI is

a measure of colloidal particles in the feed water and hence SDI value of 3 indicates that the feed water

has very low content of colloidal particles. This ensures minimal colloidal fouling of RO membranes.

This test shall be carried out once in a week and its value recorded.

BACTERIAL CONTAMINATION

The feed water to RO shall be free from bacterial contamination. The check for bacterial content (CFU

per ml) shall be carried out once a day and action initiated to minimize membrane fouling.

ORGANIC CONTAMINATION

To minimize organic fouling of membranes, it is necessary to monitor this parameter once a day and

cleaning of membranes as per recommended procedure should be followed. The frequency of

cleaning will have to be determined by RO plant operating conditions.

OIL & GREASE

The Oil & Grease should be NIL or as per membrane design requirements. The presence of it in the feed

water to RO, severely affects the membrane performance. The presence of Oil and Grease physically

fouls the membrane and make it ineffective, which is then very difficult to remove even by cleaning.

TEMPERATURE

The operating temperature of feed water shall not be exceeding 40 deg. Celsius or as per design

requirements.

FREE RESIDUAL CHLORINE (FRC)

FRC at inlet to RO shall be monitored at least once a shift and recorded, as presence of FRC is

detrimental to the performance of membrane.

Scaling Scaling is concerned with the seclusion of suspended inorganic particles, such as calcium carbonate,

barium sulfate and iron compounds.

Fouling Fouling is concerned with the seclusion of organic, colloidal and suspended particles. Bacteria and other

microorganisms that decompose these particles will create substrates. As a consequence they will grow

and develop further.

It is very important to purify the membrane preventively. In many cases regular mild cleaning is better

than cleaning periodically with an aggressive cleaning product. The membrane will than last longer.

S.No Type of scaling Cause

1. Calcium Carbonate Scaling Mainly Occurs with the high presence of Calcium

2. Bio-film Formation Growth of micro Organism on the membrane

3. Organic Deposits Oil & Organic Substance formation

REJECT CUM WASTEWATER TREATMENT:

The reject from UF will be subject to chemical treatment for rejection of mainly Suspended

Solids and Organic matter. For this, the Bidder will provide the chemical treatment system which includes

Flash Mixers, Clariflocculator, Chemical Dosing System and Sludge Dewatering System. The Bidder will



design the system considering reject flow and wastewater flow from TTP. The reject flow will be pumped

to Flash Mixer units and subsequently taken to Clariflocculator unit. The overflow from the

Clariflocculator shall be connected to existing nearest point of treated sewage disposal line of Navi

Mumbai STP. The required Alum / PAC dosing system with pumps will be provided for chemical

treatment. The sludge shall be dewatered in the Belt Filter Press unit to be provided by NMMC to the

Bidder. NMMC has Belt Filter Press unit at existing Navi Mumbai STP plant which may be repaired /

modified by the Bidder at his cost and may be used for sludge dewatering. The required

Polyelectrolyte Dosing system including dosing tanks and pumps shall also be provided for sludge

dewatering system. The construction of the Belt Filter Press room of required size will also be in the scope

of Bidder. The dewatered sludge shall be disposed off into existing landfill site from the treatment

facility at Navi Mumbai.

The Bidder will also provide One no. Clariflocculator unit of 26.10 m dia having 4.0 m SWD including

civil, mechanical, electrical, instrumentation with sludge sump and pump for the treatment of existing

TTP reject treatment and will be handover to contractor operating existing TTP. The rest of the

arrangement to make reject / wastewater treatment complete will be responsibility of existing O & M

contractor of TTP. Another One no. of Clariflocculator unit as above will also be designed and

constructed by the Bidder for reject / wastewater treatment of the present TTP Plant. The operation and

maintenance of the same will be responsibility of the successful bidder of proposed TTP. The scope of

successful bidder in the proposed contract is to construct one no. of Clariflocculator unit and handover to

the existing agency of O & M contract of existing TTP.

COLLECTION AND ANALYSIS OF SAMPLES AND GUARANTEES

The guaranteed treated water quality shall be as per the quality specified elsewhere in the tender and

for nett output of 20 MLD and shall be measured on the following basis for existing as well as newly

proposed TTP.

1. The output guarantee for the TTP shall be based on 365 days of operation in a year. The

above operational days will not include the mandatory shutdowns required by MSEDCL/ End

Users/ Force Majeure conditions and the production loss on account of the same, shall not form

part of the guaranteed net output.

2. Water produced during the Process Guarantee Trial Run and/ or start up time to achieve the

process stabilization shall be attributed for guaranteed quantity calculations.

Moreover, the agency shall produce and supply treated product water to TTC industries as

minimum 2/3rd of input quantity in case of inflow less than 50 MLD.

3. The Client shall provide input quality to TTP as per tender and any change of input quality

shall not be considered for the treatment to avoid upset of membrane process.

4. The complete analysis of composite samples collected on 24 hour basis shall be consider

for the guarantee purpose.

5. Analysis of grab samples collected at every 4 hours (except BOD 5-day test) for routine traking of

efficiency of the plant.

6. IS:2488 (methods of sampling and test for individual effluent).

The details of the testing and trial run and Guarantee Trial Run shall be worked out jointly with NMMC’s

representatives on completion of the plant.

1.1 SCHEDULE OF FINISHES

Sr.No. Unit Flooring Doors Windows/Ventilators

1 Administrative

Block

Vitrified

Tiles of

24”X24”

Solid Core Flush

Door with heavy duty Brass

Fittings of approved make

Aluminium of

approved make with

Grenamite sill glass

window

with MS Grill – oil

painted



Sr.No. Unit Flooring Doors Windows/Ventilators

2 Laboratory, MCC

Room, PLC &

Control

Room

Polished

Kota stone

Solid Core Flush

Door with heavy duty Brass

Fittings of approved make

Aluminium of

approved make with

kota stone sill glass

window with MS Grill –

oil painted

3 Pump Houses,

Electrical HT

Substation,

IPS Flooring

with Abrasion

Resistant Additives

of approved make

Shutter (See Through Type)

of approved make and Solid

Core Flush Door with heavy

duty Brass Fittings of

approved make

Aluminium of

approved make with

kota stone sill glass

window with MS Grill –

oil painted

4 Toilet Blocks Colored Glazed

Tiles

UPVC of approved make UPVC of approved

make

5 Staircase: Inside

Building

Polished Kota stone --- ---

1.2 LANDSCAPING Landscaping involves beautification of Tertiary Sewage Treatment Plant site by cultivating lands,

plants and trees of environmental value and suitably modifying the appearance of TSTP site. It

shall add scenic value to the TSTP site to obtain maximum visual impact. Contractor has to

develop proper landscaping in the TSTP site from professional landscaper. Area for future

expansion shall also be considered for landscaping.

Laws Lawns should be drained with great care in order to keep it lush with green. The soil should be

drained effectively and water should not be allowed to be collected in pools. The ground must be

dug up to a depth of 30 - 45 cm to remove stones with weeds and the soil should be exposed to

sunlight for proper sterilization. The grass for the lawn should be preferably Cynodon dactyion

or Berumda grass. The lawn must be prepared by one of the approved methods seeds, by turfing,

by turf - plastering or by dibbling roots. Lawns once should be subjected to regular rolling,

moving, watering, and restoration of patches. To keep the lawn in condition it should be seeded

once a month with liquid manure by dissolving 45 gm of Ammonium sulphate or 20 gm of Urea

in 5 litres of water. Bone meal at the rate of 100 kg per 1000 sq.m is recommended in one year.

Neem cake should also be applied once or twice a year at the rate of 200 kg per

10C Raking and scraping for thatch control must be carried out. Weed measures should also be

undertaken during the entire O&M period.

Flower beds

Flowerbeds add a special charm to any place. They should be simple in either square, rectangular,

circular or oval. The number and size flowerbeds are determined by its extent with type. The

tallest growing should be planted at the back of borders or in beds on lawns far away from

structures. The medium sized plants should be planted in the central area of the garden and the

dwarfish ones should be planted in front. There should be a harmonious blending of colours

to create a pleasing appearance. Flowerbeds should be dug up to at least 15-20 days before

sowing or bedding out small plants. For most annuals it would be enough as the soil is worked

to a 45 cm but for deep rooting plants such as Sweet Peas, Cannas, etc. should be dug up to

60 cm. A basket of 10 kg of manure should be app about 2 sq. metres of flowerbed area. The bed

should be levelled in such a way, that it slopes slightly with uniformly from the centre to the

edge. A clear 7 to 15 cm should be left unfilled by plants by the edge of the bed.

Shrubs Shrubs are plants, generally with woody stems, rather smaller than tree bigger than most

herbaceous plants. In a typical shrub, there are several stems arising from the same root.

Shrubs are either deciduous or evergreen. A well-designed shrub border should consist of a

suitable admixture of deciduous with evergreen shrubs. The preferred shrubs are Ixora,



Bougainvillae, and Euphorbia leucocephala, Poinsettia, Mussaenda, etc. should be planted by

preparing cubic pits of 60 cm, pits about a metre away should be fitter with good soil mixed

with 2 to 4 baskets each decomposed manure. The ground should be well prepared in bet

digging it about half metre deep with removing all weeks. They should be at suitable distances so

that when they mature and reach their maximum growth. They should not be allowed to grow

straggly or form clumps by throwing from the base. Manure should be applied to the shrubs at

least once a providing plenty of compost materials.

Plantation

Plantations are to be done all along the boundary wall just to provide a barrier. Big trees should be

planted 3m apart from each other within a 5m wide. Space adjustment should be done taking the

site condition into consideration. Cubical pit of 60cm should be proposed and should be filled

with good soil mixed with 2 go 4 baskets of 5 kg each of well decomposed manure. The ground

should be well prepared in between by digging it about half metre deep with removing all stones

and weeds. The trees should be planted at suitable distances so that when they mature and reach

their maximum growth.

1.3 Electrical & Instrumentation Works

It shall be the Contractor’s responsibility to obtain adequate incoming HT power from State

Electricity Authority based on the maximum demand load. The

Employer will pay the charges for obtaining the above connection whereas necessary

liasoning for the same shall be done by the Contractor in consultation with Executive

Engineer.

The entire Plant shall be operated on 415 V, 3-Phase, 50 Hz, 4-Wire system. The

Contractor’s Scope of Work shall include the following:

Obtaining incoming HT Power from State Electricity Authority including necessary

liasoning, documentation etc. complete.

HT Cable with Termination Kit from “Source” to the Electrical HT Substation located at

the Sewage Treatment Plant.

HT Substation including 2-Pole Structure, Metering Kiosk, HT Panel,

Transformers, PMCC, etc. complete.

Motor Control Centres.

Cabling including HT cable, Power, Control and Instrumentation Cables.

Earthing for Electrical equipments as well as Instruments.

Internal Lighting in Buildings.

External Lighting.

Local Push Button Stations near respective Drives.

Any other item / accessories required for successful completion of the project.

The Contractor shall design/execute the System as per standard specifications, I.E. Rules and

Regulations, requirements of State Electricity Board and other local Authorities and actual site

conditions.

Also, the Contractor shall provide adequate automation for fully automatic operation of the entire

Tertiary Sewage Treatment Plant through a Programmable Logic Centre (PLC) and Supervisory

Control and Data Acquisition (SCADA) with Man-Machine Interface (MMI). Provision shall

also be made to operate each Unit of the Plant manually, if required.

Bidder shall refer electrical specifications for further requirements / detailed specifications.

1.4 PLC/PC/SCADA BASED AUTOMATION SYSTEM FOR PLANT The entire Tertiary Sewage Treatment Plant shall be designed for fully automatic operation

through a Programmable Logic Centre (PLC) and Supervisory Control and Data Acquisition



(SCADA) with Man-Machine Interface (MMI). Provision shall also be made to operate each

Unit of the Plant manually, if required.

Salient features of the proposed System shall be as follows:

Dynamic display of all Units, Equipments and Drives shall be available on SCADA Screen.

Auto/Manual operation of each Drive shall be made by selecting a Soft Switch on SCADA

Screen.

In Auto mode, each Drive shall operate based on pre set sequence and interlock.

In Manual mode, each drive shall be operated in Local/Remote mode by selecting a Soft

Switch on SCADA Screen. In Local mode, each Drive shall be operated from the Local Push

Button Station (LPBS) located nearby. In Remote mode, operation from LPBS shall be

disabled and each Drive shall be operated manually from PLC.

Also Working/Standby selection of Drives shall be done by selecting a Soft Switch on

SCADA screen.

Run/Trip indication of all Drives shall be displayed on SCADA screen.

Annunciation & Alarm facility shall be available in PLC/SCADA. In the event of a Fault, the

symbol representing the Equipment/Drive shall continue flashing on SCADA Screen with

Equipment/Drive description appearing at bottom of the SCADA Screen and electric Hooter

shall continue blowing until the Fault Alarm is acknowledged.

Data logging of Running Hours of each Drive, Alarm and Historical Trends of monitored

Parameters etc shall be envisaged in SCADA.

The new Automation system must be communicate and Hook up with existing PLC based

SCADA System. Each and every thing required to make entire system as a single unit

including old system must be incorporated.

Bidder shall refer instrumentation specifications for further requirements / detailed

specifications.

1.5 MINIMUM UNIT SIZING

Bidder to note that Minimum Unit Sizing for proposed 20 MLD Net Output capacity TSTP shall be

at least as provided in D. PROPOSED TERTIARY SEWAGE TREATMENT PLANT.

Note:- The sizes of units specified are the minimum requirement and contractor shall provide the

above mentioned minimum or higher sizes units as required during detailed engineering.

However, for tanks & sumps contractor may revise the size as per process requirement / detailed

engineering subject to maintaining the min. effective volume as worked out from above minimum

sizes.



DETAILED SCOPE OF WORK- OPERATION

& MAINTENANCE OF STP



DETAILED SCOPE OF WORK – OPERATION & MAINTENANCE OF STP

GENERAL REQUIREMENTS FOR OPERATION AND MAINTENANCE

i. The Contractor shall operate and maintain the entire plant within its Contract price for a total operation and

maintenance period from the date of taking over of the plant by the NMMC and issuance of “Taking Over

Certificate” or the issuance of “Conditional Taking-Over Certificate”.’

ii. The NMMC immediately on issuance of the “Taking over Certificate’ or the issuance of “Conditional Taking-Over

Certificate” Shall hand over the plant to the Contractor for Operation and Maintenance.

iii. All necessary repairs, maintenance, overhaul, replacements etc., shall be made during the O & M to maintain the

plant at the status of formal handing over. Contractor shall be responsible for preventive repair, breakdown repair,

comprehensive repair, for operation and maintenance period

iv. At the end of O & M period the plant shall be handed over to the NMMC in fully functional condition except normal

wear and tear expected during the period of operation and maintenance.

v. The O & M price by the Tenderer shall include supply of all tools, tackles, spares, oil & lubricants, laboratory

chemical, glassware, chemicals like chlorine, coagulants and polyelectrolyte etc.

vi. Insurance policy to cover accident/fire/earthquake risk will be provided by Tenderer on the cost of STP during O&M

period. Insurance premium will be paid by Tenderer. & cost to be included in quotation for O&M.

vii. During O & M period cost of power consumed shall not be in the Contractor price and bills of electric power shall

be paid by the NMMC as per actual consumption.

viii. The scope shall but not limited to the following items:

Operation and Maintenance including Mechanical, Electrical, Civil, and all allied works.

Sampling and testing of influent wastewater based on the tests and frequency desired by the NMMC’s

representative and in general in accordance with the CPHEEO manual on Sewerage and Sewage

Treatment.

Sampling and testing of additional samples for the day to day O & M of the STP and as mutually

agreed from time to time between the Contractor and the NMMC’s representative.

4. MPCB or any other laboratory effluent treatment charges shall be borne by the Tenderer.

5. Sampling of final treated sewage to ensure that the guarantee Parameters are as stipulated in the Bid

document.

6. The sampling frequency to be as per relevant norms of Maharashtra pollution Control Board or higher

as decided by NMMC’s representative. The NMMC reserves right to collect samples at random at the

will of the NMMC through any agency nominated by him.

7. The NMMC shall have right to seek part of sample collected by the Contractor without any prior

intimation to cross check the result on random basis, however the analysis charges of such samples

shall be borne by Contractor.

8. O & M of all functional and utility buildings, infrastructure and common areas within the plant

campus.

9. Proper maintenance of Water Supply, Sewerage, Road, Paths, lawns including trimming and upkeep of

gardens etc.



10 Maintenance of Proper records of sampling as per approved Performa.

11 Loading, Unloading and Transportation of screening, dewatered sludge and wet grit out of treatment

plant site at his cost as directed by NMMC’s representative. Transportation up to lead of 15.0 km.

12. The dewatered sludge could be collected and disposed of by the Contractor. To be used for organic

manure and any revenue accruals by sale of sludge shall be to the benefit of the Contractor.

13 Maintenance of log books of all the equipments/instruments connected to the PLC/SCADA

shall forwarded at monthly intervals in the form of a hard copy as monitored by the PLC. Such

records are given regularly to the NMMC in the form of hard copy at monthly intervals.

14. The reports shall contain sufficient appropriate and adequate data to make the records meaningful and

amenable to analysis for evaluating the performance of the plant as well as to help in O & M

decisions.

15. Security of the campus and contents therein shall be Contractor’s responsibility.

16. The records maintained by the Contractor shall be produced periodically to the NMMC’s

representative for proper monitoring. The NMMC’s representative’s remarks shall be attended to on

nest submission. Consolidated summary report shall be furnished to the NMMC monthly, quarterly

and yearly containing salient features.

17. The Contractor shall also maintain history sheets of overhauling, maintenance, replacement of all the

important electrical and mechanical equipment.

18. The O & M shall include the appropriate preventive maintenance of equipment as per the

Manufacturer’s recommendation.

19. All the equipment even standby supplied, installed and commissioned by the Contractor should be in

operational/ functional condition throughout the O & M period. The Contractor shall take all

preventive measures to maintain them in working condition.

20. The frequency of break downs of various equipments shall be the least as far as possible. The total

number of such re-occurrences shall not exceed three times per annum otherwise penalty shall be

levied on the Contractor at the discretion of Engineer-in-charge.and as given in the penalty clause.

21. The operation, maintenance and repairs services shall be performed according to the following.

(a) Down time:

The plant shall never be operated at less than 50% of its design capacity due to maintenance and

repair reasons, if adequate quantity of sewage is available.

The period of such exceptional operation shall not exceed two consecutive days and shall not be

more than three days a week otherwise penalty shall be levied on the Contractor at the discretion of

Engineer-in-charge.

The maximum downtime of the whole plant shall not exceed 24 hours.

The periods for repairs and maintenance have to be communicated to the NMMC’s representative

at least 5 calendar working days in advance.



Equipment which needs repair to be carried out by Manufacturer/ Manufacturer’s authorized

representative, the down time shall not exceed 30 days otherwise penalty shall be levied on the

Contractor at the discretion of Engineer-in-charge and as per penalty clause.

NMMC reserves the right to impose compensation, should there be any default by Contractor on

this account.

The penalty will be deducted in the next O & M invoice if adequate reasons are not furnished by

the Contractor for delay.

(b) Operation of the plant as per O & M Manual

The plant shall be operated according to the rules and procedures laid down in the O & M manual

(as per CPHEEO MoUD Manual)

The plant must be in position to Work at the design capacity at any time.

i) Operation of the Pumps

The following points should be observed while operating the pumps.

Dry running of the pumps should be avoided.

Centrifugal pumps if installed with negative suction should be primed before Starting.

Pumps should be operated only within the recommended range of the head-discharge

If pump is operated at a point away from duty point, the pump efficiency normally

reduces.

Operation near the shut-off point should be avoided, as it causes substantial recirculation

within the pump, resulting in overheating of sewage in the casing and consequently,

overheating of the pump.

Voltage during operation of the pump-motor set should be within ±10 % of the rated

voltage. Similarly, current should be below the rated current shown on the name plate of

the motor.

When parallel pumps are to be operated, the pumps should be started and stopped with a

time lag between two pumps to restrict change of flow velocity to minimum and to

restrict the dip in voltage in the incoming feeder and should be adequate to allow the

pump head to stabilize.

When the pumps are to be operated in series, they should be started and stopped

sequentially, but with minimum time lag. Any pump next in sequence should be started

immediately after the delivery valve of the previous pump is even partly opened. Due

care should be taken to keep open the air vent of the pump next in sequence, before

starting that pump.

The running of duty pumps and standby pumps should be scheduled so that no pump

remains idle for a long period and all pumps are in ready-to-run condition. Similarly, the



running schedules should be ensured so that all pumps do not wear equally needing

simultaneous overhaul.

If any undue vibration or noise is noticed, the pump should be stopped immediately and

the cause for vibration or noise should be checked and rectified.

Generally, the number of starts per hour shall not exceed four. Frequent starting and

stopping should be avoided as each start causes overloading of motor, starter, contactor

and contacts. Although overloading lasts only for a few seconds, it reduces the life of the

equipment.

Troubles in a sewage pumping station can be mostly traced to the design stage itself. This is all the more

true when too much grit is likely to come into the sewage pumping stations from sewage at monsoon time,

which is difficult to handle. Hence, sewers should not collect any storm water.

ii) GATES, VALVES AND ACTUATORS

Sluice gates are commonly used to control sewage levels in STPs. Attention should be

paid to the following points for proper operation:

Operate inactive sluice gates by smearing grease on stem threads.

Clean sluice gate with wire brush and paint with proper corrosion-resistant paint.

Ensure unobstructed operation of gate and headstock.

Ensure that the spindle is not touching the stem guide.

Remove foreign matter like paint, concrete, etc. in the fully open position of gate.

Do’s for sluice gates

• Operate the gate at least once in every three months.

• Check the nuts of all construction and foundation bolts once in a year. Tighten the bolts, if

loose.

• Examine the entire painted surface for any signs of damage to the protective paint.

Don’ts for sluice gates

• Do not remove lock plates until the gate has been properly installed.

• Do not keep the gate out of operation for more than three months.

• Do not forget to set the stop nut in the correct position.

• Do not disturb the adjustment of wedge block bolts/studs.

• Do not over torque the crank handle/hand wheel.

iii)

iv) Sludge Feed Pump

Operators should check the following items:

• Inlet and outlet flow rate

• Noise or vibration

• Bearing housing temperature

• Running amperage

• Pump speed

• Pressure

• Check the level and condition of the oil in the gear reducer



• Check the shaft alignment

• Check the condition of all painted surfaces

• Visually inspect mounting fasteners for tightness

• Clean dirt, dust or oil from equipment surfaces

• Check all electrical connections

• Stop and start equipment, checking for voltage and amp draw and any movement

restrictions because of failed bearings, improper lubrication or other causes

• Check the drive motor for any unusual heat, noise or vibration

• Check mechanical seals and packing for leakage or wear

v) Centrifuge Decanter

Centrifugation is the process of separating solids from liquids by the process of solid liquid separation,

enhanced by centrifugal force. A centrifuge can thicken or dewater the sludge with only a minor change in the

weir setting (also called pond setting). Likewise, it can de-water sludge to a moderate consistency at low

polymer dose or produce very dry solids using higher polymer dosages.

Sludge Type and Quality

The operation of the wet end of the plant determines the quality of the sludge, which, in

turn, greatly affects the dry end.

Polymer Activity and Mixing with the Sludge

If the polymer does not react well with the sludge, performance suffers. In addition, the p polymer

closer to or further from the centrifuge will affect performance.

Polymer Type and Dosage

Some polymers are designed to obtain drier cakes than others do. Likewise, the dosage will increase

and decrease with cake dryness. Some polymers become less effective at higher dosages. This will

be apparent from a quick jar test or observing that adding more polymer results in either poorer

operation or the same operation.

• Hydraulic Loading

• Centrifuges are less limited by the volume of water that passes through the centrifuge than filtration devices.

As a result, thinner feed sludge will have less effect on performance than in filtration devices.

• Solids Loading

• The solids residence time is important. If there is more sludge to de-water, there will be less solids residence

time and therefore wetter solids, all else being equal.

Process Control

• Stop sludge and polymer feed to the centrifuge

• Flush with treated sewage until the centrate is clear and the torque level begins to drop

• Turn the centrifuge off

• Continue flushing at 25% of normal feed flow until the centrifuge reaches 7 –800 r/min.

• Turn off the lubrication system and cooling water when the unit has completely stopped

Maintenance

During operation, the operator should check for the following:

• The oil level and the flow of oil to the bearings in circulating oil systems



• Flow of cooling water and oil temperature, to ensure it is operating in the proper range

• Machine vibration

• Ammeter reading on the bowl motor

• Bearing temperatures, by touching them

• System for leaks

• Centrate quality

• Because the centrifuge will shut itself down in the event of a fault, the operator typically only looks at the

mechanical parameters once per shift.



(c) Awareness & Cleanliness

The Contractor and their personnel shall maintain a high degree of awareness in

operation and maintenance of the plant and all relevant safety codes and procedures.

At all times the plant, its equipment and surrounding shall be kept clean and in order

inducing the buildings, floors, walls, roofs, windows and garden etc.

(d) Preventive maintenance

The preventive maintenance shall be carried out according to the preventive maintenance

schedule of the plant.(annexure I)

The regular staff may be reinforced with short-term specialists by the Contractor for

special maintenance tasks, after duly informing the NMMC’s representative of the need

and the schedule.

(e) Repairs

Repairs shall be made as and when needed very promptly on the spot or at the

Contractor’s / Manufacturer’s workshop. The need of repair on the spot or at the

Contractor’s workshop has to be defied in co-ordination with the NMMC’s representative

and according to the status of spare parts availability.

The power consumed for repairing of the plant and equipments is recoverable from O &

M charges payable to the Contractor.

(f) Spare parts

The Contractor shall keep a reasonable stock of spare parts so that the down time of

equipment can be kept within the limits specified.

The contents of the stock and the reorder level of the inventory have to be approved by

the NMMC’s representative.

(g) Transportation

All necessary transportation shall be arranged and made by the Contractor at his own

expense. For better communication internet facility is provided throughout the entire

operation & maintenance period on his own cost.

(h) Oil, Grease, Lubricants, Chemicals and Consumables

The Contractor has to ensure that there is always sufficient stock of 15 days of Oil, Grease,

Lubricants consumables, and laboratory chemicals.



General Obligations

The Contractor shall operate and maintain the entire plant under this Contract for the period

specified in this Contract.

The Contractor will submit a detailed operation and maintenance plan for approval of

NMMC’s representative.

All operation and maintenance activities shall be carried out strictly in accordance with the

approved plan.

If for any reason the sewage standards are not met and the penalty is imposed by MPCB, the

same shall be recovered from the Contractor’s payable amount. However NMMC reserves

right to terminate the Contract on statutory ground or default of the Contractors.

It is the responsibility of Contractor to insure entire equipments and installation throughout

the operation & maintenance period on his own cost.

The services shall include but not be limited to the flowing items:

a) Operation and maintenance of the Sewage Treatment Plant from the inlet chamber up to

disposal into channel leading to creek.

b) Training for O & M staff designated by NMMC as per requirement.

c) Generation and maintenance of periodic reports.

Operation

(a) Operational services

The Contractor shall operate the complete Sewage Treatment Plant and associated

services on a continuous 24-hous basis.

The Contractor shall operate and utilize the control and monitoring system provided, if

found necessary, he shall make adjustment (within the operation range) of the control

system and equipment, so that the plant operation matches the treatment process

requirements.

If it is determined that the facility is not capable of meeting the design Parameters for any

reason beyond the Contractor’s control and not attributable to him, the Contractor shall

determine the specific cause of failure/abnormality in the plant functioning and report to

the NMMC’s representative and seek his directive on the necessary corrective action to be

taken /adopted.

The Contractor will be required to furnish the details of electricity consumption in the

format prescribed by the NMMC’s representative.

All consumables, Polyelectrolyte, Chemical and spare required in operating and

maintaining the plant in good condition shall be provided by the Contractor.



The screenings grit, dewatered sludge and other garbage generated in the plant shall be

removed from the site on periodic basis. No accumulation of such residues will be

permitted within the Sewage Treatment Plant campus without application by Contractor

giving valid reasons as well as permission of NMMC’s representative. For this purpose

contractor shall provide two (2no.) closed truck with drivers dedicated for the

transportation grit, sludge and other garbage form the plant. These vehicles shall be made

available for the plant use till the completion of O & M period of the contract. The

vehicles shall be the property of contractor after completion of O & M period. However,

during O & M period, all expenses towards the fuel, maintenance and all other charges

towards these vehicles shall be borne by the contractor.

The Contractor shall clarify that such residues are in conformity to Environmental

regulation / rules in force.

The NMMC’s representative may, if required , decide the mode and timing of disposal of

such residues in consultation with concerned Environmental and Civic Authorities and

such directions shall be promptly followed by the Contractor, both in letter and spirit,

without any reservations promptly and without any impact on the quoted and awarded and

awarded O&M price and other costs.

The loading, unloading and transportation cost of these shall be borne by the Contractor

and shall be included in the price quoted by the Contractor for O&M period.

The Contractor at his own expense shall provide all tools, cleaning and housekeeping

equipment, security and safety equipment.

Laboratory Services

a) The Contractor using the existing facility shall perform all tests, sampling and analysis

regularly as stipulated in the Bid document and as required by the regulatory agencies and

as directed by engineer-in-charge.

Manpower

a) The Contractor shall provide the required qualified managerial, technical supervisory,

laboratory, administrative and non technical personnel and labour necessary to operate

and maintain the treatment plant and the premises in a safe way and efficiently on a

continuous 24 hours basis for the full term of the O & M period.

b) The qualification and capability of Contractor’s personnel shall be appropriate for the

tasks they are assigned to perform.

c) The staff provided shall possess the necessary skills and trained in the operation of the

plant prior to assign to the Work.



d) If in opinion of the NMMC’s representative a person of Contractor’s staff is considered to

be inadequately trained and skilled or otherwise inappropriate for the assigned task and

NMMC’s representative may inform the Contractor in writing, the Contractor shall replace

him with a person of appropriate skills and training for the task, approved by the NMMC’s

representative, immediately of being so informed.

e) The prime requirement is that the plant should operated by the minimum staff and

personnel The Tenderer shall propose in their Bid a staff management structure for

operation and maintenance of works.

f) The suggested structure of operation & maintenance staff (minimum) shall be as follows:

However, Tenderer shall employ additional manpower to get specified output. The cost of

the same shall be borne by the Tenderer.

In addition to the above personnel, the Contractor shall provide the necessary secretarial

support; printing and publishing services office furniture and office are followed including

weekly rests, rotation of duties etc.

The Curriculum Vitae and joining latter of the key personnel only (Sr. No 1, 2 3,4 and 5

from the above list) shall be submitted to the NMMC’s representative for acceptance.

g. Normal time duty hours for the Contractor’s O &M personnel shall be notified by the Contractor and if

necessary be modified in consultation with the NMMC’s representative.

h. A shift schedule shall be established by the Contractor and approved by the NMMC’s representative to ensure

the presence of necessary number of Contractor’s staff for duty at site 7 days a week, including holidays.

i. In the event it becomes necessary for more than one of the Contractor’s key personnel to be absent from the

plant, the Contractor shall provide a qualified replacement at his own expense and ensure that specified

project duty coverage is maintained.

j. The Contractor shall include in his cost medical and accident insurance expenses of all the staff employed by

him along with all provision of the labour welfare acts prescribed from time to time by the state and central

government

For Airoli sector 18 STP

Sr.

No.

Description Qty

1 Plant-in-charge 1

2 Chemist 1

3 Shift Operator 4

4 Supervisor 2

5 Electrician 2

6 Fitter 1

7 Centrifuge operator 1

8 Helper 10

9 Gardener/Sweeper 4

10 Security 4

For Koparkhairane sector 14 STP

Sr.

No.

Description Qty

1 Plant-in-charge 1

2 Chemist 1

3 Shift Operator 4

4 Supervisor 2

5 Electrician 2

6 Fitter 1

7 Centrifuge operator 1

8 Helper 10

9 Gardener/Sweeper 4

10 Security 4



k. Adequate insurance cover shall also be maintained during O &M period for all NMMCs as well as casual

temporary employees and visitors.

l. NMMC is not liable for any compensation on arising due to any accident/ mishap of any nature occurring in

the plant premises.

Safety

The Contractor shall be responsible for safety of his staff during O & M of the plant and shall procure, provide

and maintain all safety equipment necessary for satisfactory O & M such as gloves, boots, mats, safety belts,

masks, respiratory system for chlorine operation, etc.



1. The Contractor shall utilize awareness procedures in every element of operation and

maintenance.

2. The Contractor shall emphasize site safety including adoption of maintenance.

a. Safe working procedures, cleanliness and care of the plant as a whole

b. Accident and hazardous conditions prevention and reporting

c. Shall impart safety training to all members at regular intervals, especially for new

comers.

d. Shall provide Notice Boards and display boards at appropriate locations, detailing

precautions to be taken by O & M personnel to Work in conformity to regulations

and procedures and by the visitors to the plant.

e. Shall notify the NMMC’s representative immediately if any accident occurs whether

on-site or off site in which Contractor is directly involved and results thereof any

injury to any person, whether directly concerned with the site or a third party. Such

initial notification may be verbal and shall be followed by comprehensive report

within 24 hours of the accident.

3. The Contractor may refuse entry into the plant, to all personnel’s including NMMC’s

representative on grounds of safety and person not carrying proper identification.

4. Personnel shall be permitted entry into the plant only on disclosing their identity and

those authorized personnel including NMMC’s representative shall be issued identity

cards with photographs by the Contractor, this also includes casual visitors who shall be

issued a temporary visitors entry permit.

Reporting

a. The Contractor shall prepare consolidated monthly reports on plant operation and

maintenance and submit the same to the NMMC’s representative within first 7 working

days of the next calendar month.

b. The daily reports are to be prepared and retained at site for inspection.

c. Overall reporting formats shall be approved by NMMC’s representative and may have to

be modified from time to time as required and approved by NMMC’s representative.

d. Contractor may have to prepare and submit additional reports on particular matters and

incidents having special significance as and when required by the NMMC’s

representative.

Maintenance

General Obligations



(i) The Contractor shall ensure the continuity of the plant operations and that the

breakdown or the deterioration in performance of the plant are minimized by a

preventative maintenance schedule.

(ii) The maintenance schedule of all critical components shall primarily comprise of

preventative and break down maintenance.

(iii) Regular preventative operational maintenance comprises of planned and regular

maintenance carried out by the Contractor on a day-to-day basis, including cleaning,

lubricating, minor adjustment, together with the preventive and corrective

maintenance plan for those items of the plant and equipment within the treatment

works which have been commissioned and made operational.

(iv) Breakdown maintenance comprises of any unplanned maintenance required.

(v) Non commissioned assets / components of the plant if any shall have to undergo a

regular “non operational & storage maintenance”.

(vi) The Contractor shall carry out the maintenance of the plant installations in

accordance with the requirements of the O & M Manual and the equipment

manufactures instructions and only approved grades of lubricants will be used. The

frequency of lubrication, adjustments to be made regularly and recommended spare

parts by the equipment/machine/ instrument manufactures/supplier shall always be

carried out and appropriate inventory shall be held in store.

(vii) The Contractor shall maintain a maintenance log of all repairs, oil & lubricant

changes carried out for each equipment’s maintenance Log Card.

Building and Site Maintenance

The Contractor shall be responsible for:

I. The total maintenance of building and all electrical, ventilation, plumbing and

drainage installation in the building.

II. Housekeeping and cleaning of all buildings

III. Preventive and breakdown maintenance of the site water and wastewater services,

cabling and earthing systems Lift maintenance, air conditioning and the site road

lighting system., The upkeep of landscaped areas, tree plantation and flower pots etc.,

IV. Maintenance of the communication system of the plant.

V. All buildings, exposed equipments, units shall be painted at the end of every year of O

& M.

VI. Routine housekeeping maintenance shall be carried out in accordance with

procedures.



VII. Normal breakdown maintenance shall be attended to within a period of 3 working

days.

VIII. Any unusual breakdown due to forces of nature covered under insurance shall be

inspected to and attended to only after being permitted to do so by the insurance

agency in writing.

IX. The painting of entire building and other elcro- mechanical equipments, civil

structural components shall be done in every year at his cost by the Contractor if

found deteriorated by the Engineer-in-charge.

Training

(a) The Contractor shall be responsible for instruction and training of all his personnel in

all aspects of plant operation and maintenance till the end of the operation and

maintenance period.

(b) The Contractor shall also be responsible for training personnel nominated by the

NMMC who shall submit the CVs of the person to be trained to the Contractor for

assessment if the person is qualified to be trained.

(c) The training will be imparted to skilled personnel possessing a basic qualifications as

stipulated by the NMMC’s representative which shall be similar to those possessed by

the Contractors personnel, will operate the plant at the expiry of the Contract, this shall

be done in the last six months of the operation and maintenance Contract.

(d) The Contractor will make available for this purpose competent staff as well as

proposed schedule information that may be necessary for effective execution f the

training programme.

(e) The training shall be organized in three (3) stages as follows :

i. Basic technical training education to be carried out during the final stages of the

erection period of the Contract through literature, manuals, handouts

demonstration at site, etc.

ii. Intensive on the job training during commissioning and maintenance period.

iii. Examination at the end of the training and only those persons who qualify should

be permitted to operate the plant.

(f) By the end of this training period, these personnel should be able to carry out their

respective duties efficiently under the supervision of NMMC’s representatives and

supervisory staff of the NMMC.



(g) The Contractor shall provide at his cost all local transportation, literature, computers,

CDs and other related hardware and stationery to be used by trainers and trainees

during the training period.

Operation and Maintenance Records

The Following are a typical sample form of records (not an exhaustive and comprehensive)

that are required to be maintained by the O & M Contractor. The details of complete

records shall be prepared and submitted by the O & M Contractor the NMMC’s

representative for approval prior to commissioning.

a) Record of Screen Chamber

The record of screen chamber contains the information about the duration of operation of

manual and mechanical screen and quality of Screenings discharges from the plant. This

record shall kept by the Shift-in-charge and contains data on plant functioning.



Month:

Year:

Date Mechanical

Screen

Manual Screen Quantities of

Screenings based on

No. of Wheel

Barrows

Officer on

Duty

Operators

Hours of

Operation per

day

Hours of

Operation per

day

No. of Wheel Barrow

filled

Quantity of

Screenings

(Cum/d)

b) Record of Grit Chamber

The grit chamber record sheet contains the information about the operations of individual

grit channels, as well as volume of grit collected and removed. This record is kept by the

NMMC’s representative and contain basic data on plant functioning.

Month: Year:

Date Girt

Mechanism

No. of Wheel

Barrow/Trailer

filled

Girt Collection

In m2/d

Operator Officer on

Duty

1 2

Organic Content in the Grit to be

analyzed once every week

Grit in degritted sewage to be

preformed one a month

c) Performance of SBR / Cyclic Activated Sludge Unit

The performance data sheet shall contain the records of the analytical results at the inlet and

outlet all the parameters.

These Parameters are pH, Dissolved Oxygen, BOD, COD, TSS, TN, NH3N, TP, pH and

Temperature.

The log sheet shall be provided by the Tenderer as per their process requirement.



Raw and Treated sewage shall be recorded daily for the following Parameters.

Sr. No Parameter Raw Sewage Treated Sewage

1. Flow

2. Temperature

3. BOD

4. BOD

5. TSS

6. VSS

7. DO

8. TN

9. NH3N

10. TP

11. pH

12. SVI

d) Dewatered Sludge

The record of sludge discharge from the sludge dewatering unit shall contain the duration of

pump operation and the quality and quantity of sludge dewatered.

This record shall be maintained by the NMMC’s representative and contains basic data on

plant functioning.

Month Year

Date Centrifug

e

Duration

Per day

Total

Sludge

Dewatered

m3/d

Total

Solids

(mg/l)

Dewatering

Machine used

Operator Officer on

Duty



e) Pumping Station annual inspection report



F) Other Records

The Contractor shall maintain detailed record of consumption of Polyelectrolyte,

Chlorine, Coagulants, dewatering polymer and other scrubbing chemicals (if used)

Record of dewatered sludge transported out of the plant site shall be maintained.

Similarly record of material movement shall also be maintained as appropriate

and approved by NMMC’s representative.

These records shall be available to the NMMC’s representative for scrutiny and

copies shall be furnished on demand.

During O & M period tests for BOD, SS, COD, TN, NH3N, Phosphates and pH,

VSS, SVI shall be done daily on composite samples.

The results of these Parameters shall have compliance of the guaranteed values.

The Contractor shall also maintain the records for daily, monthly and annual

reporting to the NMMC enabling the NMMC to review Contractor’s performance

during O & M period.



Appendix # 1

Repairs and Maintenance Schedule

FOR 87.5 MLD CAPACITY SEWERAGE TREATMENT PALNT AT SECTOR

-14 KOPERKHAIRANE



WETWELL

Name of Equipment Name of

Part

Action to be

Taken

Schedule of Action Remark

Daily Weekly Monthly Yearly

Coarse Screen 1 & 2

Gear Box Oiling Tivella Oil SC 320

Main Chain Greasing H.P.Multipurpose Grease

Gear Box

Chain Greasing

H.P.Multipurpose Grease

Chain

Aligment

Check & Set right

Belt Conveyor Gear Box Oiling Tivella Oil SC 320

Rollers Oiling Tivella Oil SC 320

Belt

Alignment

Check the

alignment of Belt

& adjust

Check & Set right

Gates & Valves Spindles Greasing H.P.Multipurpose Grease

Check nut Greasing



DETRITOR


Part

Action to be

Taken



Inlet & Outlet Gates Spindles Greasing H.P.Multipurpose Grease

Fine Screen 1 & 2

Hydraulic

Power

Pack(Oil

Tank)

Oil (fill when

level is bellow

minimum

mark)

Hydralic Oil Grade servo 68

To & Fro

Mechanism

(Both the

side of

Screen)

Grease


Hose

Connection

Check for

Leakages &

Tighten

Belt Conveyor

Gear Box

Oil ( Check the

Level & Top

Up if required

Tivella Oil SC 320

Rollers Oiling SAE 140

Belt

Alingment

Check the

aligment of Belt

& adjust

Check & Set right




Part

Action to be

Taken

Schedule of

Action Remark

Name of

Equipment Name of Part Action to be Taken

Detritor Mechanism

1 & 2

Motor Gear

Box Oiling

Tivella Oil SC 320

Worm &

Worm

Wheel

Oiling

SAE 140

Bronze

Bushing Greasing


Thrust

Bearing Greasing


Chain Greasing H.P.Multipurpose Grease

Bearing

Housing Greasing


Screw Classifiers

(Conveyor 1 & 2)

Gear Box Oiling Tivella Oil SC 320

Screw Shaft

Bearings Greasing


Chains Greasing H.P.Multipurpose Grease

Organic Water

Pumps Bearing Greasing

Multipurpose Grease



BLOWER HOUSE

Name of

Equipment Name of Part

Action to be

Taken



Cooling water to

Jacket

Check cooling

water supply to

blower jackets.

See cooling

water line

getting Hot

If cooling water line found hot, open the union on return water line

& allow hot water to follow out cleaning of jacket with chemicals

once in a year for better heat transfer.

Lubricating Oil

Check Oil

Level fill Oil if

level is bellow

Redmark

Oil Servo system 320

First oil replacement after 500 Hrs.there after every 4000 Hrs.

BLOWERS 1-9 In case oil become black then replace it before 4000 hrs

' V ' Belts

Check for

looseness &

wear

Tighten the V belts if found loose. Replace in case of

damaged.Complete set of belts should be replaced.



Name of


Action to be

Taken



Foundation Bolts &

other Nut Bolts

Tighter all the

nut bolts

Suction Filters Cleaning of

Filters

Clean with back blowing of air or remove the suction filters &

clean with air & refit.

End Covers of

Blower Cosing

Check for

Temperature

Check for proper cooling water flow check the oil level &

condition of oil. In case of dirty oil replace it. If water is less

increase it.

Safety Valves Functioning of

Safety Valves

Check the safety valve for blowing



SBR

Name of


Action to be

Taken



Process Air

Valves Gear Box Greasing


Splitter Box Air

Box Air Valves Spildles Greasing


Foundation Bolt of

Motorised Unit

Check

Looseness

Tighten if found loose.

Decanters

Foundation bolts

sensors clamp bolts etc.

Check for

looseness


Wear Plate

Check for

looseness &

Level

Adjust the level & tighten the Nut- Bolts.

Decanters Cleaning

surface

Use jet pump

Position sensors Observe the

position

If any change observed ,stop decanter & inform SFC

Float switch Cleaning

Vibrations Obeserve for

vibrations

In case of exessive vibration or abnormal sound remove the

pump & check for further action.

SAS pumps delivery

valves

Spindles

Greasing




Name of


Action to be

Taken



Gates & Valves Actuators Grease Tube 2 Times grease tube to be replaced

Motor Gear Box Oiling 2 Times

RAS Pumps &

SAS Pumps

Gland

leakages Tighten the gland in case of leakeges.



CHLORINE CONTACT TANK

Name of


Action to be

Taken



Service Water

Pumps

Foundation Bolts

Check for

looseness


Air Lock Check for Air

Lock Remove air lock by priming.

Booster

Pumps Bearing Greasing

Multipurpose Grease

Chlorinators

Gas piping

Check Gas

leaks with

amonia tester

Ejectors

Check Gas

leaks with

amonia tester

Chlorine cylinder

Check Gas

leaks with

amonia tester

Check Gas

pr.Constant low

pr means

cylinder is

empty



Name of


Action to be

Taken



Chlorinators

Flexible Connector

tubes

All vent & vaccum

polyethelene tubing

Replace lead

cylinder washer

with every new

change of

cylinder

As required

Replace

Replace

Flowmeter,rate valve

Clean & replace

O rings &

gasket

O Ring In ejector Replace

Strainer in ejector

water supply line

Clean & replace

O rings &

gasket

Caustic

Circulation

Pump

Bearing Housing Oiling

Bearing oil 320

Caustic

ReCirculation

Tank

1) In case of

Chlorine Leakages As Required

Start the air blower near tonners start cuastic recirculation pump

till chlorine leackege is attended.

2) In Normal case As Required

Circulate the cuastic solution for 15-20 Mins.by starting caustic

recirculation pump - once in a week. NOTE : CLEAN EVERY

SIX MONTHS



CENTRIFUGE

Name of


Action to be

Taken Schedule of Action Remarks


Main Bearing Greasing

Before first

start lubricate

the Bearings

Alfa laval 61203671 - 23 BP - energrease LC - 2

100 Grams. At each nipple

Conveyor

Bearings Lubricating Oil

Check Oil

level if

required Add

Oil

Stafoil mereta 320 replace ofter 2000 Hrs.

Gear Box Greasing Lubricate

spline

Alfa laval 61203671 - 33 & Tex cladpremium 2

Spline (of Shaft

& Hub)

Check for

looseness

Looseness &

Tighten 2 Times First 72 Hrs. & there after every 2000 Hrs.

' V ' Belts Check for

looseness

& Tightness if

required 2 Times

Foundation

Bolts

Check for

looseness

& Tightness if

required 2 Times

ALWAYS ENSURE TO CLEAN BEFORE STARTING & STOPPING THE MACHINE

NOTE :- Periodic pest control of Offices & Buildings shall be done



Name of


Action to be

Taken Schedule of Action Remarks


Air Blowers

Lubricating Oil Check Oil Level

Oil Servo system 320, Top up if oil level is below red mark.

Replace oil after 500 running Hrs.(1st time) then replace oil

after every 4000 Hrs.

Foundation Bolts &

Other Nut-Bolts

Check for

tightness


Suction Filter Cleaning of

Filters

Clean with back blowing of air or remove the suction filters &

clean with air & refit.

End Covers &

Casing

Check for

Temperature

Check the oil level & Condition of oil.

Safety Valves Functioning of

Safety Valves

Test the safety valves for blowing.

Sludge Pumps ' V ' Belts

Check for

looseness &

wear

First tightening of v belts to be done after 48 Hrs. & there after

once in a month.

Bearing Housing Greasing H.P.Multipurpose Grease

Dosing Pumps Lubricating Oil

Check Oil Level

if required Add

Oil

Servo system 220

Agitators Gear Box Oiling Tivella Oil SC 320



Preventive & Breakdown Maintenance for Electrical &

Instrumentation Equipments

Electrical and Instrumentation installation details of Koparkhairane

sector 14 STP-

Electrical System :

The plant has 11 KV supply from MSEDC.

The electrical system is as follows

1) RMU

2) CT/PT and metering unit

3) 2 Nos of 2 MVA Transformers

4) PCC with bus coupler system and APFC

5) 4 nos of MCC’s :

a. MCC 1 for Raw sewage Pumps (Typically 175 HP soft starters – 6 nos)

b. MCC 2 : For Blowers (Typically for 240HP VFD – 12 nos)

c. MCC 3 : For Automated Gates and valves, RAS, SAS Pump

d. MCC 4 : Centrifuge and sludge handling system

6) Main Lighting Panel.

7) Street lighting Panels

8) LDB’s for diff areas

9) Earthing Grid.

10) Street Lighting + Plant Lighting + Office Lighting.

Generally Starters below 10 HP are DOL,

10 HP to 90 HP Star/ Delta,

Above 90 HP Softstarters / VFD.

The soft starters can be electronic or FCMA type.

The total plant is operated by PLC with remote I/O’s.

The PLC is connected to SCADA system , with online UPS. Printer etc.

Following types of instruments are used for plant automation.

1) Ultrasonic Level Transmitter – 4 nos

2) Ultrasonic Clamp On type flow transmitter – 1 nos

3) DO Transmitter – 6 nos

4) Hydrostatic Level transmitter – 4 nos

Apart from above All the energy meters are with RS485 MODBUS connectivity.



Electrical and Instrumentation installation details of Airoli sector 18 STP

Electrical System :

The plant has 11 KV supply from MSEDC.

The electrical system is as follows

11) RMU IP6 630 Amps

12) CT/PT and metering unit

13) 2 Nos of 2 MVA Transformers

14) PCC with bus coupler system and APFC (with 2 Incommer 3200Amps with 50 KVR x 20 Nos)

15) 4 nos of MCC’s :

a. MCC 1 for Raw sewage Pumps (breaker 1600 Amps Typically 175 HP soft starters – 8 nos)

b. MCC 2 : For Blowers (breaker 2500 Amps Typically for 215 HP VFD – 3 nos & soft starter 6

Nos)

c. MCC 3 : MCCB 400 Amps For Automated Gates and valves, RAS, SAS Pump ( RAS 20 HP&

SAS 7 HP starter)

d. MCC 4 : MCCB 400 Amps Centrifuge and sludge handling system ( 30 KW x 5 Nos)

16) Main HT Panel – 11 kV supply

17) Main Lighting Panel.

18) Street lighting Panels

19) LDB’s for diff areas

20) Earthing Grid.

21) Street Lighting + Plant Lighting + Office Lighting.

Generally Starters below 10 HP are DOL

10 HP to 90 HP Star/ Delta,

Above 90 HP Softstarters / VFD.

The soft starters can be electronic or FCMA type.

The total plant is operated by PLC with remote I/O’s.

The PLC is connected to SCADA system , with online UPS. Printer etc.

Following types of instruments are used for plant automation.

5) Ultrasonic Level Transmitter – 6 nos

6) Ultrasonic Clamp On type flow transmitter – 1 nos

7) DO Transmitter – 6 nos

8) Hydrostatic Level transmitter – 6 nos

9) Float switch – 6 Nos

Apart from above All the energy meters are with RS485 MODBUS connectivity.



Basic Preventive Electrical Maintenance Required

1) RMU, Metering Unit :

Cleaning with vacuum cleaner for total removal of dust on components, bus system: Every Month

2) Transformer:

External Cleaning: Every Month

Oil Filtration: Once in year or after every fault

Cleaning of Bushings: Every six months.

3) PCC:

a. Cleaning with vacuum cleaner for total removal of dust on components, bus system : Every Month

b. Checking of tightness of power connections ; Six monthly (or after observing increase in temp.)

c. Checking / cleaning/ replacement (if required)of moving contact parts, contact elements of contactors, : Every 3

months.

4) MCC:

d. Cleaning with vacuum cleaner for total removal of dust on components, bus system : Every Month

e. Checking of tightness of power connections ; Six monthly (or after observing increase in temp.)

f. Checking / cleaning/ replacement (if required)of moving contact parts, contact elements of contactors, : Every 3

months.

5) PLC Panel:

g. Cleaning with vacuum cleaner for total removal of dust on components, modules relay boards, power supplies :

Every Month

h. Checking / cleaning/ replacement (if required)of moving contact parts, contact elements of relays : Every 3

months.

6) Earth Pits & Earthing Grid:

i. Checking of tightness of connections ; Six monthly

j. Checking of Earth resistance : Every 12 months.

k. Watering the Pits : Every Month

7) Instruments:

As recommended by manufacturer in the maint. Manual.

Specifically cleaning of membrane every month & replacement of membrane for DO transmitter every 6-8 months.



Appendix # 2

Reporting Schedules



ATTACHMENT – 1

DAILY SUMMERY OF OPERATION AT SEWAGE PUMPING STATION

Date: - -----------------------

Name of Equipment Wet Well

Level in

meter

Energy Consumption Time Power

Failure

Diesel

Consumption

of DG Set

Remark

Set No. Hours of

Operation

Initial

Reading

Final Reading Total

Consumption

Raw Sewage

Pumps no - 1

Raw Sewage

Pumps no -2

Raw Sewage

Pumps no -3

Raw Sewage

Pumps no -4

Raw Sewage

Pumps no -5

Raw Sewage

Pumps no -6

Coarse Screen no-1

Coarse Screen no-2

Screw Conveyor



ATTACHMENT – 2

DAILY SUMMERY OF OPERATION AT SEWAGE TREATMENT PLANT

Date: - -----------------------

Name of Equipment Wet Well

Level in

meter

Energy Consumption Time Power

Failure

Diesel

Consumption

of DG Set

Remark

Set No. Hours of

Operation

Initial

Reading

Final Reading Total

Consumption

RAS Pump No- 1

RAS Pump No -2

RAS Pump No -3

RAS Pump No -4

RAS Pump No -5

RAS Pump No -6

SAS Pump No- 1

SAS Pump No -2

SAS Pump No -3

SAS Pump No -4

SAS Pump No -5

SAS Pump No -6

Decanter no - 1

Decanter no – 2

Decanter no -3

Decanter no -4



ATTACHMENT – 3

Sewage Quality Mentoring at Sewage Treatment Plant.

Date :- ------------------

Set

No.

Location of

Sample

Date and Time of Influent Effluent Effluent Standard Remark

Collection Analysis Report Parameter Value Parameter Value Parameter Value



ATTACHMENT – 4

Sewage Quality Monitoring at Sewage Treatment Plant.

Sewage Treatment Plant in Sector ------------------------------- in Node -------------------------------- Date :- ----------------

--

Sr

.No.

Time of

Receipt of

Complaint

Name,

Address,

Telephone

number of

Complainant

Details of

Complaint

Complaint Received

by

Signature of

Junior

Engineer/M

anager

Complaint Passed on Redressal of Complaint Signature of

Junior

Engineer/

Manager

Name Signature Name Date Time Name Date Time

Summary: - a) Back log of complaints on the day.

b) Number of complaints received during the day

c) Total number of complaints.

d) Number of Complaints attended during the day.

e) Number of complaints not attended at the end of the day.



ATTACHMENT – 5: Desilting Operating Schedules

Sr. No. Unit Date of Start Date of

Completion

Length of desiltted

sewer

Amount

of silt

removed

Place of

disposal

Junior Engineer

Signature

1. Sewerage

2. Wet Well of pumping

Station

3. Grit Chambers

4. Any other unit



Appendix # 3

OPERATOR STAFF REQUIREMENT



Personnel

Position/Designation Minimum Qualification Minimum Experience

Years Nature

Plant-in-charge Degree in Mechanical /Electrical/

Civil or Environmental

Engineering

5 Experience in handling operation

and maintenance of sewage

treatment plant

Chemist M. Sc. or B.Sc. in chemistry 5 Experience in handling a Industrial

laboratory

Fitter / Electrician ITI Certificate in trade of

Mechanic/Electrician / Wireman

trade/plumbing

5 Experience in handling workshop /

pumping station / Installation of

electrical and mechanical

equipment

Shift Operator Graduate with science or any other

discipline with knowledge of

computer is essential.

5 Experience in handling automated

industrial plant

The positions and designation of key staff in this list are indicative and for guidance only.

The Tenderer shall propose the positions. Designation, number and other specifications of the key staff it

considers essential to perform the functions in this work.



ATTACHMENT 2: SALIENT FEATURES OF MAJOR LABOUR LAWS

Salient Features of Some Major Labour Laws Applicable to Establishments

Engaged in Building and other Construction Works

a) Workmen Compensation Act 1923 :- The Act provides for compensation in case of injury by

accident arising out of and during the course off employment.

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

satisfaction of certain conditions on separation if an Employee has completed 5 years service or

more or an death the rate of 15 days wages for every completed years of service The Act is app

liable to all establishments employing 10 or more employees.

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

contributions by the employer plus workers @ 10% Or 8.33% the benefits payable under the Act

are ---

i) Pension or Family pension on retirement or death as the case may be.

ii Deposit linked insurance on the death in harness of the worker

iii Payment if PF accumulation on retirement /death etc .

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

employees in case of confinement or miscarriage etc

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

measures to be provided by the Operator fails to pr vide, the same are required to be provided by

the Principal owner by law. The Principal Owner is required to take Certificate of Registration

and the Operator is required to take License from the designated Officer. The Act is applicable to

the establishment of Operator of Principal Owner if they employ 20 or more contract labor

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

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

is a scheduled employment. Construction of Building , Roads. Runaways are scheduled

employment

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

will be paid and what deduction can be made from the wages of the workers.

h) Remuneration Act 1979:- The Act providpes for payment of equal wages for work of equal

nature to Male & Female workers & for not making discrimination against Female employees in

the matter of transfers training and promotions etc

I) Payment of Bonus Act 1965 :- The Act is applicable to all establishment employing 20 or more

employees. The Act provides for payments of annual bonus subject to a minimum of 8.33% of

wages and maximum of 20% of wages to employees drawing Rs 3500/- per month or less. The

bonus to be paid to employees getting Rs 2250/-per month or above up to Rs 3500/- per month

shall be worked out by taking wages as Rs 200/- per month only. The Act does not apply to

certain establishment. The newly set-up establishment are exempted for five years in certain

circumstances. Some of the State Government have reduced the employment size from 20 to 10

for the purpose of applicability of this Act.



j Industrial Disputes Act 1947 :- The act lay down the machinery and procedure for resolution of

Industrial disputes in what situations a strike of lock out becomes illegal and what are the

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

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

employing 100 or more workmen (employment size reduced by some of the State and Central

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

employment by the employer on matters provided in the Act and get the same certified by the

designated Authority.

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

workmen and employers. The Trade Unions registered under the Act have been given certain

immunities from civil and criminal liabilities

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

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

employment of children in all other occupations and processes. Employment of Child Labor is

prohibited in Building And Construction Industry.

n) Inter- State Migrant workmen’s (Regulation of Employment & Condition of Services) Act

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

workmen through an intermediary ( who has recruited workmen in one state for employment in

the establishment situated in other state) The Inter-state migrant workmen in an establishment to

which this Act becomes applicable are recruited to be provided certain facilities such as housing

medical aid traveling expenses from home up to the establishment and back, etc.

o) The Building and Other Construction Workers (Regulation of Employment and conditions

of Service ) Act 1996 and the Cess Act of 1996 :- All the establishment who carry on any

building or other construction work and employees 10 or more workers are covered under this act

. All such establishment are required to pay Cess at the rate not exceeding 2% of the cost

construction as may be modified by the Government. The employer of the establishment is

required to provide safely measures at the Building or construction work & other welfare

measures such as Canteens First Aid facilities Ambulance Housing accommodations for workers

near the work place. The employer to whom the act applies has to obtain a registration certificate

from the Registering Officer appointed by the Government

p) Factories Act 1948 :- The Act lays down the procedure for approval at plans before setting up a

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

rendering information regarding accidents or dangerous occurrences to designated authorities. It is

applicable to premises employing 10 person or more with aid of power or 20 or more persons

without the aid of power engaged in manufacturing process.

q) As per the Maharashtra Contract Labour Act Rules 1971, for Equal work and Equal Pay :-

General Body has passed Resolution No. 1716 dated 06/08/2007 for payment to contract labour.

The payment to contract labour shall be paid as per above General Body Resolution.



OPERATION SCHEME



OPERATION SCHEME

a) Treatment Philosophy:

Raw sewage after primary treatment comprising of Bar screen and Grit chamber is taken by gravity into the C-Tech

Basins. These C-Tech basins work in sequence and the influent flow is distributed using Automatic Gates provided

in the Inlet Chamber of C-Tech basins. The C-Tech basins are equipped with air blowers, diffusers, Return

Activated Sludge (RAS) pumps, Surplus Activated Sludge (SAS) pumps, Decanters, Auto valves, PLC etc. All

cycles will be automatically controlled using PLC.

Excess sludge at a consistency level of approx 0.8% will be pumped intermittently from SAS pump. The sludge is taken for dewatering.

The treated effluent from the C-Tech Basins will be collected in the Chlorination tank where it is chlorinated

before being discharged.

b) Process Chemistry:

Removal of Organics

The raw sewage free from debris and grit shall be taken up for Biological treatment for the removal of

organics, nitrogen and phosphorus.

The activated sludge bio system is designed using Cyclic Activated Sludge Technology which operates on

extended aeration activated sludge principle for the reduction of carbonaceous BOD, Nitrification,

Denitrification as well as phosphorous removal, using energy efficient fine bubble membrane diffused aeration

system, with automatic control of oxygen uptake rate, resulting in 20 – 30% power savings.

The practice of manipulating activated sludge reaction environments to obtain maximum nitrogen and

phosphorous removal has been optimized, using cyclic activated sludge technology, by co-current nitrification

denitrification mechanism.

In its simplest form, the sequences of fill, aeration, settle and decant are consecutively and continuously

operated all in the same tank, allowing up to 30-40% space saving. No secondary clarifier system is required to

concentrate the sludge in the reactor. The return sludge is recycled and the surplus sludge is wasted from the C-

Tech basin itself.

The system makes use of the variable volume treatment in combination with a biological Selector and operated

in a fed-batch reactor mode. The complete biological operation is divided into cycles. A basic cycle comprises:

Fill – Aeration

Settlement

Decanting

These phases in a sequence constitute a cycle, which is then repeated. During the period of a cycle, the liquid

volume inside the Reactor increases from a set operating bottom water level. During the Fill- Aeration

sequence mixed liquor from the aeration zone is recycled into the Selector. Aeration ends at a predetermined

period of the cycle to allow the biomass to flocculate and settle under quiescent conditions. After a specific

settling period, the treated supernatant is decanted, using a moving weir Decanter. The liquid level in the

Reactor is so returned to the bottom water level after which the cycle is repeated. Solids are wasted from the

Reactor during the decanting phase.

The system selected is capable of achieving the following:

i) Anoxic denitrification of nitrates in the Biological Selector zone of C-Tech

(Anoxic Zone) using incoming wastewater

ii) Bio-degradation of organics including phenol present in the wastewater by

Extended Aeration Process

iii) Oxidation of sulphides in the wastewater

iv) Co-current nitrification and denitrification of ammoniacal nitrogen in the

aeration zone of C-Tech basin.

v) Removal of phosphorous

Denitrification



The wastewater enters the Selector zone in the front end of the C-Tech, where anoxic conditions are

maintained. Part of the treated wastewater along with return sludge from the aeration basin is recycled here,

using RAS Pumps. With the incorporation of biological Selector there is no need for an Anoxic – Mixing

sequence and is therefore replaced by a simple Fill – Aeration sequence.

As the micro organisms meet high BOD, low DO condition in the Selector zone, natural

selection of phosphate accumulating micro organisms and floc-forming micro organisms

takes place. This is very effective in containing all of the known low F/M bulking micro

organisms and eliminates the problems of bulking and surface foaming. Also, due to the

anoxic conditions in the Selector zone, denitrification and phosphorous removal occurs by

co-current nitrification & Denitrification. Complete nitrification and denitrification

pathways take place with nitrification taking place external to the activated sludge flocs and

denitrification taking place within the interior of the flocs. This denitrification pathway is

not bound to the absence of dissolved oxygen in the liquid phase but requires diffusion of

nitrate into the anoxic parts of the floc with a probable use of stored intracellular carbon or

adsorbed organic carbon for denitrification. During anaerobic conditions, all phosphorous

that is released to the liquid phase is totally contained within the bio solids layer.

Biological denitrification in the Selector zone by recycling of mixed liquor from aeration

zone requires nitrification of all ammoniacal nitrogen in the incoming wastewater in the

aeration zone. This requirement of plant design is met by operating the C-tech under

Extended Aeration Process with higher c values, which ensure co-current nitrification and

denitrification in the aeration zone.

Denitrification releases nitrogen which escapes as an inert gas to the atmospheres, while

the oxygen released stays dissolved in the liquid and thus reduces the oxygen input needed

for the aeration.

The process of denitrification of nitrates is represented as:

NO3- + BOD N2 + CO2 + H2O + OH- + cells.

Carbonaceous BOD removal

The aeration zone of C-Tech is provided with diffused aeration to oxidize the organic matter including phenol,

by Extended Aeration Process. An extended aeration activated sludge process operates in the endogenous

respiration phase of the growth curve where the micro organisms are forced to metabolize their own

protoplasm without replacement, since the concentration of food available is at a minimum. During this phase,

the nutrients remaining in the dead cells diffuse out to furnish the remaining cells with food. This system has

been developed for application where minimum solids production is desirable. Less solids production is

achieved by using a larger fraction of the entering organic material for energy rather than for synthesis. This

means that more oxygen will be consumed per unit mass of organic material removed.

The activated sludge process is capable of converting most organic wastes to more stable inorganic forms or to

cellular mass. In this process, the soluble and colloidal organic material is metabolized by a diverse group of

micro organisms to carbon dioxide and water. At the same time, a sizeable fraction of incoming organic matter

is converted to cellular mass that can be separated from the effluent by settling.

Activated sludge comprises a mixed microbial culture wherein the bacteria are responsible

for oxidizing the organic matter, while protozoa consume the dispersed un-flocculated

bacteria and rotifers consume the unsettled small bio-flocs in the treated wastewater,

performing the role of effluent polishers.

The utilization of substrate by a bacterial cell can be described as a three-step process:



i) The substrate molecule contacts the cell wall.

ii) The substrate molecule is transported into the cell

iii) Metabolism of the substrate molecule by the cell

However, as the bacteria require the molecule in the soluble form, colloidal, spherically

incompatible molecules, which cannot be readily biodegradable, have to be first adsorbed to

the cell surface and then broken down or transformed externally to transportable fractions

by exo-enzymes or wall-bounded enzymes. The organic matter will be utilized by the

bacteria resulting in cell synthesis and energy for maintenance.

The following reactions best describe the organic utilization by the aerobic bacteria:

i) Oxidation

COHNS + O2 + Bacteria CO2 + NH3 + other End Products + Energy

ii) Synthesis

COHNS + O2 + Bacteria C5H7O2N (New Bacterial Cell)

iii) Endogenous Respiration

C5H7O2N + 5O2 5CO2 + NH3 + 2H2O + Energy

Nutrients available in the wastewater or from external source of supplements cater to the nutrient

requirements of the aerobic microorganisms and to enhance the activity of the aerobic microbes.

In addition to the nutrient requirements, the aerobic microbes require oxygen to sustain their microbial activity.

Oxygen also functions as a terminal electron acceptor in the energy metabolism of the aerobic heterotrophic

organisms indigenous to the activated sludge process. In other words a portion of the organic material removed

is oxidized to provide energy for the maintenance function and the synthesis function.

Nitrification

Any oxidation must be coupled with reduction, and oxygen satisfies this requirement in the

aerobic microorganisms. Extended Aeration system, with high c values, ensures uniform

nitrification performance. Nitrification results from the oxidation of ammonia present in the

sewage by Nitrosomanas to nitrite and the subsequent oxidation of the nitrite to nitrate by

Nitrobacter. The nitrifying organisms are strict aerobic autotrophes and use carbon source

present in the sewage, in the presence of oxygen, maintained at 2 mg/l in the C-Tech to

avoid oxygen limitation. The nitrification of ammonia can be represented as given below:

2 NH4+ + 3O2 2NO2

- + 2 H2O + 4 H

+ + New Cells

2 NO2- + O2 2NO3

- + New Cells

The diffused aeration system is sized so that sufficient oxygen is provided for carbonaceous treatment, sludge

stabilization, nitrification and maintaining the DO at the specified level of 2 mg/l, taking into account the

reduction in oxygen demand due to denitrification. The capacity of diffused aeration in each C-Tech basin will

be sufficient to ensure good mixing conditions during Fill Aeration phase of the cycle of operation.

NITROSOMONAS

NITROBACTOR



Phosphorous removal

The removal of phosphorous from the wastewater is accomplished by the consumption of P

for the cell growth. During anoxic conditions, all phosphorous that is released to the liquid

phase is totally contained within the bio solids layer.

c) Process Description:

The C-TECH system is operated in a batch reactor mode, which eliminates all the inefficiencies of the continuous

processes. A batch reactor is a perfect reactor, which ensures 100% treatment. Six modules are provided to ensure

continuous treatment. The complete process takes place in a single reactor, within which all biological treatment

steps take place sequentially.

No additional settling unit / secondary clarifier are required

The complete biological operation is divided into cycles. Each cycle is of 3 – 5 hrs duration (3 hours as design

basis); during which all treatment steps take place.



Explanation of cyclic operation:

A basic cycle comprises:

Fill-Aeration (F/A)

Settlement (S)

Decanting (D)

These phases in a sequence constitute a cycle, which is then repeated.

A Typical Cycle

During the period of a cycle, the liquid is filled in the C Tech Basin up to a set operating water

level. Aeration Blowers are started for aeration of the effluent. After the aeration cycle, the

biomass settles under perfect settling conditions. Once Settled the supernatant is removed from

the top using a DECANTER. Solids are wasted from the tanks during the decanting phase.

These phases in a sequence constitute a cycle, which is then repeated.

Fig. 1 A Typical C Tech Cycle



d) C-Tech Components:

The C Tech system comprises the following features,

i) Biological Selector zone

Ensures no foaming and bulking problems.

ii) Dissolved Oxygen Control to automatically control and optimise power consumption.

Ensures 20 - 30% power savings.

iii) Co Current Nitrification and De nitrification, Phosphorous removal

Provides Nitrogen and Phosphorous removal to remove nutrients making the water safe or water discharge.

iv) Decanter assembly in Stainless steel equipped with VFD to automatically control rate of decanting

based on input feed condition.

Ensures no corrosion, long equipment life, no maintenance

v) Diffusers for Aeration

Highest aeration and oxygen transfer efficiency

vi) Return sludge (RAS) recycle and Surplus sludge (SAS) pumps for sludge wasting from reactor only.

Reduces space requirement. No secondary clarifier is used which drastically reduces civil

cost and construction cost

vii) PLC unit for complete automatic cycle control and operation

Reduces manpower cost. Complete operation can be hooked to central control desk

e) Biological SELECTOR zone

The incorporation of a biological SELECTOR in the front end of the C-TECH- Systems distinguishes it from all

other technologies. The raw effluent enters the SELECTOR zone, where ANOXIC MIX conditions are maintained.

Part of the treated effluent along with return sludge from the aeration basin is recycled in here, using RAS pumps.

As the microorganisms meet high BOD, low DO condition in the SELECTOR, natural selection of predominantly

floc-forming microorganisms takes place. This is very effective in containing all of the known low F/M bulking

microorganisms, eliminates problems of bulking and sludge foaming. This process ensures excellent settling

characteristics of the bio sludge. SVI of treated effluent of less than 120 is achieved in all seasons.

OUTLET

INLET

AERATION GRID

RAS/SAS PUMPS

DECANTER SELECTOR



Also due to the anoxic conditions in the SELECTOR zone, De nitrification and phosphorous removal occurs in

case the Ammonical nitrogen and phosphorous levels are high in the effluent. The figure below shows the

experience with SVI developments in parallel operations with a wastewater that traditionally favours sludge

f) Dissolved Oxygen Control

The C Tech process uses measurement of dissolved oxygen (DO) levels in the basin to enhance treatment

efficiency and optimise power consumption. The DO concentration in the basin is continuously monitored using a

DO sensor. Once DO level is measured in the basins, a variable frequency drive automatically alters the aeration

blower rpm to maintain desired DO levels in the basin. This methodology provides a true in-basin method for the

efficient use of energy.

g) Decanter Assembly

The clean supernatant is removed from the basin using a Decanter assembly complete in stainless steel

construction. During decanting there is no inflow to the basin. The moving weir DECANTER is motor driven and

travels slowly from its “park” position to a designated bottom water level. Once the Decanting phase sets in, the

decanter automatically lowers to the required bottom level. Variable frequency drives are provided to control the

rate of movement of the Decanters. After the required level of supernatant is removed the Decanter is returned to

its “park” position through reversal of the drive. The basin is now ready for the next cycle to begin.

Fig.: DECANTER of the C-TECH process

h) Operational Simplicity - Fully PLC based intelligent control

The complete C-Tech plant operation is controlled automatically thro a PLC system, which is a major factor in

reducing operating costs. This also prevents mal operation of the various set process parameters within the plant.

All key functions like, RAS, sludge wasting, aeration intensity, cycle time control, decanting rate etc are

automatically controlled as well as data logged. Complete historical records of plant operation are available on

touch of a button.



System Performance parameters and

Liquidated damages

(Service Level Benchmarks)



3.1 System Performance parameters and Liquidated damages (Service Level Benchmarks)

FOR PROPOSED TERTIARY TREATMENT PLANT

SR

NO Parameters Unit Level of acceptability

/ benchmark

permis

sible

deviati

ons

Maxim

um

permis

sible

Penalt

y in

percen

tage

Penalties Maxim

um

permis

sible

incenti

ves in

percen

tage

Incentives

A Number of

Days of

Operation in a

year

Days 24 X 7 Supply 365

days

Deviat

ions

not

permit

ted

2.5 % 1 % of

per hour

Supply

cost for

Each

instance,

exceeding

01 per

month.

2.5 % 1 % of per

day Supply

cost per

instance will

be deposited.

Cumulative

for year.

B Tertiary

Treated

Sewage

Quality

Parameters

Quality Parameters

Of

Tertiary Treated

Water

Deviat

ions

not

permit

ted

10 % Failure on

any one

parameter

@0.1% of

the annual

O & M

Contract

value per

day

10 % 3% of the

annual O &

M Contract

value for

100%

success rate.

1 BIOCHEMICAL

OXYGEN DEMAND

(BOD5)

MG/L

< 5

2 CHEMICAL

OXYGEN

DEMAND (COD)

MG

/L

< 20

3 Total Suspended

Solids (TSS) MG/L

< 1

4 TURBIDITY NTU < 0.5

5 TOTAL

NITROGEN (TN)

MG

/L

< 10

6 AMMONICAL NITROGEN

MG/L

< 2

7 Total Kjehldal Nitrogen (TKN)

MG/L

< 5

8 Dissolved Oxygen (DO)

MG/L

>2

9 TOTAL

PHOSPHORUS MG

/L

<1



SR

NO Parameters Unit Level of acceptability

/ benchmark

permis

sible

deviati

ons

Maxim

um

permis

sible

Penalt

y in

percen

tage

Penalties Maxim

um

permis

sible

incenti

ves in

percen

tage

Incentives

10 PH - 7-8.5

11 FREE RESIDUAL

CHLORINE

MG

/L

1-2

12 BACTERIA >LOG 5 REDUCTION

13 VIRUSES >LOG 5 REDUCTION

14 PROTOZOA >LOG 5 REDUCTION

15 OIL & GREASE MG/L

< 0.010

16 Total Dissolved

Solids (TDS) (INORGANIC)

MG/L

< 500



FOR EXISTING SEWAGE TREATMENT PLANTs Effluent discharged Standards for Existing Sewage Treatment Plant (Ref: CPCB April 2015)

SR

NO

Parameter

s

Unit Level of

acceptability /

benchmark

permiss

ible

deviatio

ns

Maxim

um

permis

sible

Penalt

y in

percen

tage

Penalties Maxim

um

permiss

ible

incentiv

es in

percent

age

Incentives

A Number of

Days of

Operation

in a year

Days 24 X 7 Supply

365 days

Deviatio

ns not

permitte

d

2.5 % 1 % of per

hour Supply

cost for

Each

instance,

exceeding

01 per

month.

2.5 % 1 % of per day

Supply cost

per instance

will be

deposited.

Cumulative

for year.

B Tertiary

Treated

Sewage

Quality

Parameters

Quality

Parameters

as per

CPCB

Norms

Deviatio

ns not

permitte

d

10 % Failure on

any one

parameter

@0.1% of

the annual

O & M

Contract

value per

day

10 % 3% of the

annual O & M

Contract value

for 100%

success rate.

PARAMET

ERS

STANDAR

DS FOR

STP

1 PH 6.5- 9.0

2 BOD MG/L 10

3 COD MG/L 50

4 TSS MG/L 20

5 NH4-N MG/L 5

6 N- TOTAL MG/L 10

7 FECAL

COLIFOR

M (MPN/

100 ML)

<100



Treated Sewage

Storage Tank

Uptime 100% Every event

@1% of the

annaul O & M

Contract value

Nil

Treated Sewage

Pumping Station

Up time 98% Not more than

once in a half

year

Every additional

event at 0.5% of

the annual O &

M Contract

value

2% of the

annual O &

M Contract

value for

100%

success

rate.

Storm Water

Drainage

Up time 100% Deviation not

permitted

Every event at

0.5% of the

annual O & M

Contract value

Nil

Electrical Supply

Network

Up time 100% Deviation not

permitted.

Standby power

supply to meet

100%

requirement

for the STP.

Every event

@0.5% of the

annual O & M

Contract value

4% of the

annual O &

M Contract

value for

100%

success

rate.

Lighting Up time 100% Deviation not

permitted.

Standby power

supply to meet

100%

requirement

for the street

lighting.

Every event

@0.5% of the

annual O & M

Contract value

Nil



GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS.

1. The Municipal Corporation shall have the right of rejecting all or any of the tenders without

assigning any reasons.

2. No receipt for any payment alleged to have been made by a Contractor regard to any

matter relating to this tender or the contract shall be valid and binding to the Municipal

Corporation unless it is signed by the City Engineer.

3. All work shall be measured net by standard measure and according to the rules and custom of the

City Engineering Department of NAVI MUMBAI Municipal Corporation without reference to any local

custom.

4 Under no circumstances shall any Contractor be entitled to claim enhanced rates for any items in this

Contract (NO PRICE VARIATION IS ALLOWED UNDER THIS CONTRACT)

5. The checking and measurements of work will be taken according to the usual method in use in the

City Engineer Department and no proposals to adopt alternative methods will be accepted.

The Commissioner's decision as to what is the "usual method in use, in the City Engineering Department will

be final".

6. For the Capital and O&M works, all the prevailing taxes (i.e. GST, Excise duty, Sales tax, VAT, etc.)

in the tender shall remain to the contractors account and it shall not be reimbursed / recovered, even if it

changes during the contract period. However, if any new taxes or service tax is levied by the Government,

during the period of contract (Capital and O&M); the same shall be reimbursed/recovered on submission of

documentary proof of its payment. GST is applicable during the course of execution as well as O&M, the

same shall be reimbursed / recovered on submission of documentary proof of its payment.

7 Tenderers shall also note that as per the provisions of government, 1 % (one percent)

construction cess on the work done amount shall be levied and shall be deducted from each running bill &

final bill. The contractor shall quote the rate accordingly. This shall be applicable on capital works

only. This shall not be applicable on O&M works.

8 The successful tenderer shall submit the copy of technical bid duly sealed & signed within seven

working days of issue of work order.

9 The tenderer shall invariably submit the Certificate of Provident Fund of Employees without which

bill for payment shall not be processed.

10 The successful tenderer shall submit the copy of labor l i cense within seven days of issue of work

order.

11 All the RCC NP3/NP4, HDP E, MS Class pipes shall have ISI mark on it.

12 For the necessary modification / alteration / addition to complete the job, if any civil breaking or

repairing is to be done, shall have to be carried out by the contractor at his own cost, as per standard

engineering practice. It shall be sole responsibility of contractor to clear construction and

demolition waste (C & D Waste) by their own risk and cost. The contractor shall ensure that their site must

be clear in all respect by disposing C & D Waste generated during the work. If its found that contractor is

irregular and showing negligence to dispose C&D waste then NMMC is empowered to dispose the said

C&D waste through NMMC authorized C&D waste contractor /agency. All the necessary expenditure made

towards disposal of this C&D waste shall be recovered from the contractor along with the administrative charges

and penalties.



TERMS OF PAYMENT:

Terms of Payment shall be strictly as defined Below. Various recoveries as per tender conditions shall

also be made from contractor's R.A. Bills. The R.A. bills shall be paid to the contractor for the complete

contract, as per the tender terms and conditions, specified at various places.

PAYMENT SCHEDULE

SR. NO DESCRIPTION PERCENTAGE OF

CAPITAL WORKS

COST

I PRELIMINARY WORK PAYMENT SCHEDULE (15%)

1 Submission of Survey & investigation report 2%

2 Submission of Process & BIM Design 2%

3 Approval of Process Design 3%

4 Submission of RCC, Mechanical, Electrical & Instrumentation

Design

3%

5 Approval of RCC, Mechanical, Electrical & Instrumentation & BIM

Design

5%

II CONSTRUCTION WORK PAYMENT SCHEDULE

1 Civil Works – Total 30%

Foundation work including Piling (wherever required) complete. 5%

Raft Slab including PCC 3%

RCC Walls including Walkways 4%

Fine Screen Chambers 2%

Degriting Units 2%

Sludge Sump & Centrifuge Unit 3%

Sewerage Network in the STP Premises 1%

Hydraulic Test of Water Retaining Structures Completion 1%

Raw Sewage Pump House (pro-rata per Floors will be made) 1%

Administration Building 2%

Roads 0.50%

Landscaping 1%

area development 2%

Arboriculture & green belt creation 1%

Staff Quarter 1.50%

2 Mechanical Works – Total 35% (after installation)

Sewage Circulation Pumping Machinery 3%

treatment unit modules 20%

Chlorination System 2%

Centrifuge Feed pumps and Centrifuges 3%

Chemical Dosing System 3%

Interconnection Pipe Work (on pro-rata basis) 4%



3 Electrical Works – Total 10% (after installation)

HT Substation 2%

PCC 1%

MCC 1%

Cabling 2%

Lighting Distribution Boards / Misc Panels / Area Lighting/ Building

Illumination

2%

PLC & PLC Panel 1%

Field Instruments 1%

4 Successful Commissioning of Plant 10%

Payment Schedule for Central Control Room including SCADA, instrumentation & other Works,

1 Design along with supply & commission of BIM modules 15% of the cost of unit

2 Providing and installation of material & equipment’s 60% of the cost of unit

3 Erection of communication network including all relevant

components

5% of the cost of unit

4 charging of communication networks with all relevant

permissions and testing


5 Successful Commissioning of Unit 10% of the cost of unit

PAYMENT SCHEDULE FOR SEWAGE PUMPING STATION (PS)

SR. DESCRIPTION PERCENTAGE

I PRELIMINARY WORK PAYMENT SCHEDULE (15%)

1 Submission of Survey & investigation report 2%

2 Submission of Process Design 2%

3 Approval of Process Design (Engineer & Appd.) 3%

4

Submission of RCC, Mechanical, Electrical & Instrumentation

Design

3%

5 Approval of RCC, Mechanical, Electrical & Instrumentation Design 5%

II CONSTRUCTION WORK PAYMENT SCHEDULE

1 Civil Works – Total 30%

Foundation work including Piling (wherever required) complete. 5%

Raft Slab including PCC 3%

RCC Walls including Walkways 4%

Screen & valve Chambers 2%

Hydraulic Test of Water Retaining Structures Completion 3%

After completion of Raw Sewage Pump House 13%

2 Mechanical Works – Total 40% (after installation)

Raw Sewage Pumping Machinery 27%

Coarse Screens 13%

3 Electrical & instrumentation Works (after installation) 10%

4 After Successful Commissioning of Sewage Pumping station 5%



For DI Pipelines

1 After approval of Design 5% of the cost of unit

2 After supply of DI pipes to site of work 50% of the cost of unit

3 After laying of DI pipes. 10% of the cost of unit

4 After certification of Hydraulic testing of DI Pipeline. 5% of the cost of unit

5 After Completion with Reinstatement of Road 25% of the cost of unit

6 After commissioning , certification of Hydraulic testing 5% of the cost of unit

For MS Pipelines


2 After supply of MS pipes to site of work 50% of the cost of unit

3 After laying of MS pipes. 10% of the cost of unit

4 After completion of cement inner lining of MS pipeline. 5% of the cost of unit

5 After Completion with Reinstatement of Road, 25% of the cost of unit

6 After commissioning , certification of Hydraulic testing of

MS pipe


For HDPE Pipelines


2 After supply of HDPE pipes to site of work 50% of the cost of unit

3 After laying of HDPE pipes. 10% of the cost of unit

4 After certification of Hydraulic testing of HDPE Pipeline. 5% of the cost of unit

5 After Completion with Reinstatement of Road 25 % of the cost of unit


Valves, specials and Appurtenances


2 After supply of Valves to site of work 60% of the cost of unit

3 After fixing in pipeline. 30% of the cost of unit


PAYMENT SCHEDULE FOR OPERATION & MAINTENANCE (O & M) PERIOD

Major Work category Description (Stage of Work) Payment (in %

of Total Yearly

Quoted Price)

1 Monthly Operation & Maintenance Services

On completion of each month’s

operations and maintenance

(on pro-rata

monthly basis)



Payment for Tertiary Treatment Plant

S.No. Item Percentage payment

1 Conceptual Design, Process Design Basis Report & Specifications Approval 5%

2 Detailed Design Engineering Report, BOQ Approval 10%

3 Supply, Receipt, Inspection and Installation of stage 1 machinery and

equipment at site

20%

4 Supply, Receipt, Inspection and Installation of stage 2 machinery and

equipment at site

25%

5 Testing, Trial Runs and Commissioning 10%

6 Full Load Operation for first six months 15%

7 On completion of successful operation for one year from commissioning date 15%

Total 100%



Functional Guarantees

Damages for Failure to Pass the Tests on Completion.

Power Consumption: Excess

consumption of electrical

energy for

Operation and

Maintenance of the

constructed Works for

STP and SPS

under the Contract.

Damages payable by Contractor to Employer on a monthly basis shall be equal to

the actual cost of the excess energy used for Operation and Maintenance of the

Works for STP and SPS under the Contract. Based on the metered consumption

at the prevailing rate on that month charged to the Employer for electricity

consumed. Such payable will be assessed for each month during the O&M Period

in which the metered power consumption exceeds the actual guaranteed power

consumption (SPC) calculated as indicated in Vol 2.

Chemicals and material Consumption: Excess

consumption of Chemical

& materials for Operating

and Maintaining of

Sewage Treatment Plant

and related facilitates.

Equal to the estimated cost of the excess chemicals and materials requirements

for Operating and Maintaining the Sewage Treatment Plant and related facilities

at the rated capacities for O & M period after completion, based on the maximum

consumption provided by the contractor under the relevant technical schedule in

Vol 2 and current rates charged at market rates for chemicals and materials

consumed by the plant and facilities, discounted to net present value at the rate of

8 % per annum.



(7) AIROLI STP –

EXISTING DETAILS



SCHEDULE ‘C’

PRESENT POWER CONSUMPTION- AIROLI STP

LOCATION/ MONTH APPROX. CAPACITY PRESENT

MONTHLY POWER

CONSUMPTION

IN KWH

AVERAGE

POWER

CONSUMPTIO

N IN KWH

Sewage Treatment Plant at

Sec 18 Airoli.

80 MLD

Jun 2016

219880

222911

July 2016

201618

August 2016

231262

Sept. 2016

225876

Oct.2016

228692

Nov.2016

232032

Dec 2016

222060

Jan. 2017

200720

Feb 2017

216520

March 2017

249420

April 2017

224760

May 2017

222100



SCHEDULE –D



ANNEXURE - 1

SITE DETAILS AT 80 MLD STP AT AIROLI

Design Capacity - 80 MLD

Sr. No. Equipment Make Capacity/Specifications/

Tender Provision

Nos. Materials of

Construction

Tender

Provision

Remarks

WETWELL

A) Civil Structure

a) Wet well

Size : 16.30m diameter Shape:

Circular Structure : R.C.C.

b) Pump house above Wet

well

Size: 3/4 area of Wet

well. Shape : Semi - Circle

Structure : R.C.C. C) Inlet Chamber

Size: 4.0m x 4.0m Shape:

Rectangular Structure: R.C.C. d)

Mechanical coarse screen channel

Size:6.0 x 4.50 Shape: Rectangular

Structure : R.C.C.

B) Mechanical & Electrical

items

1 Inlet Gate for screen isolation Jash 1100x1100 3 CI As per

specification

2 Gate for By-pass Jash 1200 x1200 1 CI As per

specification

3 Mechanical Screen(Coarse) - Inclined

rake reciprocating type

Shivpad 20mm spacing

6000 x 1500 x 900 SWD

2 Wetted parts

SS304

As per

specification



Sr. No. Equipment Make Capacity/Specifications/

Tender Provision

Nos. Materials of

Construction

Tender

Provision

Remarks

4 Geared Motor for

Mechanical Screen

Motor -

Crompton

Greaves

2.2kW, 1400rpm 125:1

Ratio, 150 kgf-m

2 As per

specification

5 Manual Screen (Coarse) Shiv Pad 20mm spacing

1850x1500x900 SWD

1 Wetted parts

SS304

As per

specification

6 Belt Conveyor 600 (W) x 6000 (L) 1 As per

specification

7 Raw Sewage Pump Aqua Pump 1250m3/hr,@2.5kg/cm2 6 CI As per

specification

8 NRV on RSP line Inter valves 0500 Swing Check 6 CI As per

specification

9 Sluice Gate Valve on RSP line Mark and

Care

0500 Manual 6 CI As per

specification

10 Electric Actuator operated Sluice

gate isolation valve for Raw

Sewage By-Pass

Mark and

Care

01200 1 CI As per

specification

11 Electric Actuator for Sluice gate

isolation valve

Auma 1 As per

specification

12 EOT Reckmann 5 Ton 1 As per

specification

13 Level Transmitter Endress

Hauser

Ultrasonic 2 As per

specification

14 Flow Transmitter Endress

Hauser

Ultrasonic 1 As per

specification

15 M.C.C.-1 Panel SVC

Electricals

1 As per

specification

PLC Panel Logicon 1 As per

specification

Design, Build & Operate 20 MLD Tertiary Sewage Treatment ...Tender opening date Date 20-11-2017 (...

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