PUNE HOUSING & AREA DEVELOPMENT BOARD - e...

Contractor No. of Corrections Executive Engineer-I/PB VOL-I/ 2

PUNE HOUSING & AREA DEVELOPMENT BOARD

A unit of

MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY

Office of the Executive Engineer-I

Agarkarnagar, Pune - 411 001.

e-Tender

for

Construction and Development of MHADA’s site at S. No. 126+127/1, Tathawade, Pune consisting of : 1. Engineering procurement and construction of multistoried residential finished 1651

T/s under LIG/MIG/HIG (with construction area of Appr. 239851 Sq.Mtrs.) based on

R.C.C. monolithic shear wall concept using aluminum form work ;

And

2. Infrastructure works including development works like compound wall , STP ,

external water supply and drainage , External electrification , landscape and site

development etc. .

Name of Agency: - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .

VOLUME – I


PUNE HOUSING AND AREA DEVELOPMENT BOARD, PUNE - 411 001. (A regional Unit of Maharashtra Housing & Area Development Authority)

Name of work:-

Construction and Development of MHADA’s site at S. No. 126+127/1, Tathawade, Pune consisting of : 1. Engineering procurement and construction of multistoried residential finished 1651


R.C.C. monolithic shear wall concept using aluminum form work ;

And

2. Infrastructure works including development works like compound wall , STP ,

external water supply and drainage , External electrification , landscape and site

development etc.

INDEX

Sr.

No.

Particulars

Page No.

From To

VOLUME-I TENDER NOTICES, AGREEMENT & CONDITIONS OF

CONTRACT

1. Notice Inviting Tender 5 10

2. Detailed Tender Notice and Instructions to Bidders &

Methodology for submission of e-tender

11 31

3. Statements 32 32

1a. Annual turnover 33 33

1b. Bid Capacity 34 34

2a. Works in hand with Aluform Technology 35 35

2b. Works in hand with Conventional Technology 36 36

3a. Works Executed with Aluform Technology 37 37

3b. Works Executed ( Other works ) 38 38

4a. Technical Personnel available for Aluform Technology

Works

39 39


4b. Technical Personnel available for Conventional Technology

works

40 40

5a. Equipments available for Aluform Technology works 41 41

5b. Equipments available for other works 42 42

6a. Works Tender for 43 43

6b. Litigation History 44 44

4. Letter of Transmittal 45 45

5. Definitions & Interpretations 46 49

6. Undertaking and Declaration of Contractor 50 52

7. B-1 Agreement Form 53 57

8. Conditions of Contract 58 81

9. Special Conditions of Contract 82 83

10. General Conditions For (a) Civil Works & (b) Elect. works 84 131

11. Annexures 132 132

Annexure-I Bank Guarantee Bond (Performance) 133 134

Annexure-II Performance Guarantee Bond (From Agency) 135 136

Annexure-III Guarantee for water proofing work 137 137

Annexure-IV Indenture for the secured advances 138 141

Annexure-V Indemnity Bond 142 143

Annexure-VI Surety Bond 144 144

Annexure-VII Guarantee Bond For Lift Installation 145 145

Annexure-VIII Bank Guarantee for Mobilization Advance 146 147

12. Schedule ‘A’ 148 148

13. Extract 149 151

This blank copy of Tender Document issued to Shri / M/s. ......................................... ...............................................on / /2014. Rs. ………D.R. No. ……… Date :- / /2014.

Divisional Accountant to Executive Enginee1-I/PB


NOTICE INVITING TENDER


PUNE HOUSING & AREA DEVELOPMENT BOARD, (A MHADA UNIT)

AGARKARNAGAR, PUNE-411 001 Phone No. (020) 26121830/26128856

E Tender Notice

Engineering procurement and construction of multistoried residential finished 1651 T/s under LIG/MIG/HIG (with construction area of Appr. 239851 Sq.Mtrs.) based on R.C.C. monolithic shear wall concept using aluminum form work and Infrastructure Works including development works like compound wall, STP, External water supply & Drainage, External Electrification, Landscape & Site Development etc. at S. No. 126+127/1, Tathwade, Pune. ------------------------------------------------------------------------------ Offers in B-1 Tender are invited from experienced Contractors/Developers for the work consists of construction of 1651 T/s of various category and approximate cost is Rs. 450 crores having Built up Area 2.40 Lakh Sq.Mtrs. The tender document can be downloaded from website http://mhada.maharashtra.etenders.in from 15/03/2014. The detailed tender notice can be viewed on website from 15/03/2014. MHADA Website: http://www.mhada.maharashtra.gov.in

No/PB/EE-I/TC/97/2014

Date: 03/03/2014

Executive Engineer-I Pune Housing & Area Development Board, Pune-411001

http://mhada.maharashtra.etenders.in/

http://www.mhada.maharashtra.gov.in/


Govt. of Maharashtra Undertaking

PUNE HOUSING & AREA DEVELOPMENT BOARD, (A MHADA UNIT)

AGARKARNAGAR, PUNE-411 001 Phone No. (020) 26121830

e-Tender Notice No. 03 of Year 2013-14

------------------------------------------------------------------------------ Digitally Signed & unconditional Online Tender in form “B-1” (Percentage Rate) are invited by the Executive Engineer, Div. No. I, Pune Housing & Area Development Board, Pune Tel.No.26121830) on behalf of Maharashtra Housing and Area Development Authority,Mumbai-51 from the contractors registered with P.W.D. Govt. of Maharashtra or Maharashtra Housing and Area Development Authority, Mumbai in appropriate class. The contractors, those who are registered with C.P.W.D. / M.E.S. / Indian Railway in the corresponding appropriate class & unregistered contractors who meets the criteria of qualification as given below will be also eligible for tendering subject to production of the solvency certificate to the extent of 20 % of the estimated cost put to tender. The Tender Documents are available on website dated 15/03/2014 from 17.00 Hrs.

1 Name of Work:- Construction and Development of

MHADA’s site at S. No. 126+127/1, Tathawade, Pune.

Consisting of ;

Estimated Cost

1 Engineering procurement and construction of

multistoried residential finished 1651 T/s under

LIG/MIG/HIG (with construction area of Appr. 239851

Sq.Mtrs.) based on R.C.C. monolithic shear wall concept

using aluminum form work , and

Rs.419,65,19,754/-

2 Infrastructure works including development works like

compound wall , STP , external water supply and

drainage , External electrification , landscape and site

development etc.

Rs.36,18,50, 730 /-

2 Total Estimated Cost Rs. 455,83,70,484/-

3 EMD Rs. 1,00,00,000/-

4 Security Deposit 2% of Estimated Cost

5 Eligibility Class of Registration Class I & Above for registered contractors and unregistered contractor should get himself registered with MHADA if he is lowest bidder


6

Time Limit for completion of work 36 months (including Monsoon)

7 Cost of blank bid document (non refundable )

Rs. 50,000/- + Rs.2500/- MVAT

8 Service Fee of e-Tendering system to be paid on online

by Debit Card/ Internet Banking Account / Cash Cards (

non refundable)

Rs1038/-

Eligibility Criteria For Contractors / Developers registered or unregistered The bidder who wishes to participate in the bidding shall satisfactorily establish that he/she/it fulfill the Eligibility Criteria stipulated here under: 1. Age of Firm should be minimum 10 years. 2. 2.1. Experience of having successfully completed “Similar Works”*, during last 7 years ending last day of month previous to the one of which applications are invited should be either of the following::

Type of similar works Value of work

High-rise residential buildings based on R.C.C. monolithic shear wall concept using aluminum formwork Technology with minimum 50 M height (16 Storied) including electrification etc.

Infrastructural Works allied with the mass housing projects viz. site development, roads, pathways, amenity development, compound wall, off site, on site electrification, landscape etc.

One similar completed work costing not less than the amount equal to 80% of the estimated cost put to tender.

Rs.336.00 Cr.

Rs.29.00 Cr

OR Two similar completed works costing not less than the amount equal to 50% of the estimated cost put to tender.

Rs. 210.00 Cr.

Rs 18.00 Cr.

OR Three similar completed works costing not less than the amount equal to 40% of the estimated cost put to tender.

Rs.168.00 Cr.

Rs 15.00 Cr.


2.2) The value of executed works shall be brought to current costing level by enhancing the actual value of work at simple rate of 10% per annum; calculated from the date of completion to last date of receipt of applications for tenders. 2.3) The past experience in similar nature of work should be supported by certificate issued by an officer not below the rank of Executive Engineer or equivalent. In case the work experience of other than Govt./Semi Govt./PSU’s the completion certificate shall be supported with copies of – Letter of Award/MOU/Agreement, last Bill and TDS certificates issued by owner for the work executed and audited balance sheet issued by Chartered Accountant. Experience in R.C.C. monolithic shear wall Building works (Residential & Non residential) with Fire fighting, lifts, internal and external Services. 3. One similar completed work with FSI built-up area of 120000 sq.m at single location or two similar work having FSI built-up area of 75000 sq.m or Three similar work each having FSI built-up area of 60000 sq.m with minimum 50 m ht, , 16 storey building. 4. The bidder should not have incurred any loss in last two financial years ending 31st March, 2013. 5. The bidder should have minimum net worth of 135.00 Cr 6. Fresh solvency certificate issued not earlier than three months prior to the date of application, an amount of 20% of the estimated cost put to tender or more of any nationalized bank / scheduled bank 7. Bids from the Joint Venture shall not be acceptable. 8. If the selected bidder is unregistered contractor, he has to get registered with MHADA within 30 days after issuing acceptance letter in Class I & above. 9. Average Annual Financial turnover ( in RCC monolithic shear wall construction works ) during that last three years ending 31st March 2013, should be at least Rs. 135.00 Cr. (Scanned copy of Certificate from CA to be uploaded). 10. Bid Capacity: The bidder must have bid capacity for the work, the bid capacity will be worked out as per the formula given below: Assessed available bid capacity = (A x N x 2 – B) Where A = Maximum value of Civil Engineering works executed in any one year during the last 5 years taking into account the works completed as well as works in progress, duly updated the value. N = Number of years prescribed for completion of the works for which bids are invited (in years) 3 Years (Period of completion of the works for which bids are invited) Note 1: - The statements showing the value of existing commitments and ongoing works as well as the stipulated period of completion remaining for each of the works listed should be countersigned by the Engineer in charge, not below the rank of an Executive Engineer. Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have made misleading or false representation in the forms. The value of completed works of previous years shall be given weightage of 10% per year based on Rupee value to bring them to 2013-2014 price level. Statement and attachments submitted in proof of the qualification requirements; and/or record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation, history or financial failures etc. Note 2:- If the submitted experience certificates of satisfactory completion are issued from the private client, then in support of the authentication, C A audited balance sheet needs to be provided by contractors. 11. There is a provision of incentive clause for early completion of the work in bid document 12. There is a provision of Mobilization advance (10%) clause for the work Mobilization advance shall be paid to the agency as per clause in bid document. * “Similar Works” means High-rise residential buildings based on R.C.C. monolithic shear wall concept using aluminum formwork Technology and Infrastructural Works allied with the mass housing


projects viz.Infrastructure like club house, substation, STP, Underground water tanks, site development like roads, pathways, amenity development, compound wall, security cabin, etc. and allied external electrical works and landscape development. The contractors who are participating first time in E- Tendering Process, they are requested to take Digital User ID & Password as per guidelines mentioned from above MHADA’s E-Tendering Portal.

Main Portal : http://maharashtra.etenders.in MHADA portal : http://mhada.maharashtra.etenders.in MHADA Website: http://www.mhada.maharashtra.gov.in No.PB/EE-I/ TC/ 97 /2014 Date : 03 /03/2014 -Sd- Executive Engineer - I, Pune Housing & Area Development Board, Agarkarnagar, Pune - 411 001.

http://maharashtra.etenders.in/


http://www.mhada.maharashtra.gov.in/


DETAILED TENDER NOTICE


PUNE HOUSING AND AREA DEVELOPMENT BOARD, PUNE - 411 001.

DETAILED TENDER NOTICE

Digitally Signed & unconditional Online Tender in form “B-1” (Percentage Rate) are invited by

the Executive Engineer, Div. No. I, Pune Housing & Area Development Board, Pune Tel.No.26121830)

on behalf of Maharashtra Housing and Area Development Authority,Mumbai-51 from the contractors /

Developers for the work as mentioned in subsequent paragraph.

1. Blank tender document and other details can be downloaded by the registered contractors/

unregistered contractors online on http:// mhada.maharashtra.etenders.in of MHADA e-

Tendering portal. The tenders shall only be received on MHADA e-Tendering Portal in two

envelopes system. Interested Bidder has to be enrolled on e-Tendering system. As the Bid Data on

the System is required to be encrypted and digitally signed online, Bidders are required to obtain

Digitally signature certificate at the earliest.

In case of any quarries, Bidders may contact to the service provider Sify-Nextenders System Integrator on any working days on contact nos. 020-25315555, +91969601/04. or by email on [email protected]

2. The Contractors registered on http://mhada.maharashtra.etenders.in appropriate class in

Maharashtra Housing and Area Development Authority or Public Work Department, Govt. of

Maharashtra. OR

The Contractors of C.P.W.D. / M. E. S. / Indian Railway registered in corresponding appropriate

class with reputed institutions. The certificates of satisfactory performance and registrations are to

uploaded online for registration on web site. Unregistered contractors who meets the criteria of

qualification as given at Sr. No 18 below will also be eligible.

3. The Contractors / Developers should upload scanned copy of undertaking duly notarized stating

that his / their firm is not blacklisted in Govt. / Semi Govt. Institutions / MHADA on Rs. 100/-

Stamp Paper along with application for blank e-tender documents.

4. Contractors covered under category Class I & above or unregistered contractor will be required to

upload scanned copy of solvency certificate to the extent of 20 % of the estimate cost at the time

of application.

5. The tenders will be received online on above mentioned MHADA’s e-Tendering portal and

technical bid will be opened on same day (if possible) by Deputy Chief Engineer or his

http://www.mhada.maharashtra.etender.in/

mailto:[email protected]



representative on scheduled Tender Opening date.

6. Details of e-Tender

1. Name of Work Construction and Development of MHADA’s site at S. No.

126+127/1, Tathawade, Pune consisting of :

1. Engineering procurement and construction of multistoried

residential finished 1651 T/s under LIG/MIG/HIG (with

construction area of Appr. 239851 Sq.Mtrs.) based on R.C.C.

monolithic shear wall concept using aluminum form work ;

And

2. Infrastructure works including development works like

compound wall , STP , external water supply and drainage ,

External electrification , landscape and site development etc.

2.

Estimated Cost

Rs. 455,83,70,484/-

3.

E.M.D.

Rs. 1,00,00,000/-

4.

Security Deposit

2% of Estimated Cost

5. Registration (Class) of Contractor

Class I & Above for registered contractors and unregistered contractor should get himself registered with MHADA if he is lowest bidder

6.

Time Limit for completion of work

36 (Thirty six) Months including Monsoon from date of work order.


7. Online e-Tender Schedule

Seq.No.

MHADA Stage Vender Stage Start Date & Time

Expiry Date & Time

Envelopes

7.1 Release Tender -- 14/03/2014 14.00 Hrs.

14/03/2014 20.00 hrs.

7.2 -- Tender Download 15/03/2014 17.00 Hrs.

09/04/2014 17.00 hrs.

Financial Envelope C1, Technical Envelope (Bidders Eligibility Evaluation Envelope) T1

7.3 Prebid Conference will be conveyed by Chief Enginner-II/A or his representative at " Dr. Babasaheb Ambedkar " meeting Hall, 2nd floor, Griha Nirman Bhavan, Agarkar Nagar, Behind Alankar Cinema, Pune-411001

-- 02/04/2014 @ 15.00 Hrs

02/04/2014 @ 17.00 Hrs

7.4 -- Bid Preparation 15/03/2014 17.00 Hrs.

09/04/2014 17.00 hrs.


7.5 Close for Technical Bid -- 10/04/2014 11.00 Hrs.

10/04/2014 17.00 hrs.

Technical Envelope (Bidders Eligibility Evaluation Envelope) T1

7.6 Close for Price Bid -- 10/04/2014 11.00 Hrs.

10/04/2014 17.00 hrs.

Financial Envelope C1

7.7 -- Bid Submission 11/04/2014 11.00 Hrs.

14/04/2014 17.00 hrs.


8

Tender Document fee DD & EMD DD Should be submitted at office Executive Engineer-I, PHADB, Agarkar Nagar, Pune 01.

15/04/2014 11.00 Hrs.

15/04/2014 17.00 hrs.

7.9 Technical Envelope -T1 ( Bidders Eligibility Evaluation Documents) Opening

18/04/2014 11.00 Hrs.

19/04/2014 Till completion of activity.

Technical Envelope (Bidders Eligibility Evaluation Envelope) T1

7.10 Financial Envelope- C1 Opening

20/04/2014 11.00 Hrs.

22/04/2014 17.00 hrs.

Financial Envelope C1


8.

Blank tender document and other details can be downloaded by above mentioned the MHADA

eTendering portal http://mhada.maharashtra.etenders.in on payment of Rs. 50,000/- (Rs. Fifty

Thousand Only) + MVAT (5%) Rs. 2500/- Total Rs. 52,500/- (Non refundable) in given Bank

of Maharashtra Camp Branch Pune A/C no.20056400119, IFSC code: MAHB0000076.

Tenderers need to upload scanned copy of DD or Cash payment receipt during bid preparation.

9. The Contractor / developers whose tender is accepted will be required to produce along with

security deposit, the valid and current license issued in his favour under the provision of the

contract labour (Regulations and abolition) Act 1970 and in case of failure to do so the

acceptance of the tender would be liable to be withdrawn and earnest money forfeited.

10. The competent Authority reserves right to accept or reject any or all tenders without assigning

any reasons. However the bidder will have no claim of whatsoever nature on this account.

11. The tenders shall be received online on above mentioned E-Tendering Portal in Two envelops

system.

12. NOTES:

1. Technical Envelope – I (T1) - containing bidders Eligibility Evaluation documents shall be opened initially on schedule date & time and eligibility shall be decided.

2. Financial Envelope – II (C1) - containing the financial bids of those eligible bidders shall only be opened on schedule date & time.

3. The digitally Signed online Tenders shall be Uploaded online.

4. Conditional tender shall not be considered and shall be summarily rejected.

5. The bidder shall have to produce original documents for verification, if called for.

6. The Technical and financial Envelope shall be opened by the Dy. Chief Engineer / Pune Board online as per schedule in the presence of the construction agencies, or their authorized representatives who choose to remain present at Office of Executive Engineer-I, Pune Housing and Area Development Board, Agarkar nagar, Pune-411001.

7. Bidder need to generate HASH value of bid & same has to be signed using Digital

Signature Certificate then submit the HASH value on e-Tendering Portal. On prescribed

date of bid submission, Bidder need to upload all the documents uploaded during bid

preparation & also re-encrypts data using Digital Signature Certificate.

8. The E.M.D. shall be liable to be forfeited for non payment of Security Deposit and on non

execution of agreement within the stipulated time limit.

12A. A list of documents to be submitted along with the tenders is given in Sr. No. 50

"INSTRUCTIONS TO BIDDERS & METHODOLOGY FOR SUBMISSION OF TENDER".



Any tender submitted without these documents duly completed is likely to be rejected. As an

abundant precaution, it is once again reiterated that the Bidder shall study the methodology of

submission of the tender and the requirement of enclosing necessary documents, very

carefully, before submitting the tender. Tenders not submitted in the specified manner are

likely to be rejected.

13. The contractor should make their own arrangement of water supply & power supply for

construction purpose and testing purpose.

14. The offer of the tenderer shall be binding for a period of 90 days from the date of submission

of e-tender.

The tender shall remain valid and open for acceptance for a period of 90 days (Ninty

Days) from the date of opening of financial bid.(Extended date in case of extension) In

exceptional circumstances, prior to expiry of the original tender validity period, the Board may

request the Bidder for a specified extension in the period of validity. The request and the

responses thereto shall be made in writing or by a cable or telex or e-mail. A Bidder may

accept/refuse the request without forfeiting his Earnest Money. A Bidder agreeing to the

request shall neither be required nor permitted to modify his tender, but shall be required to

extend the validity of his Earnest Money correspondingly. The provisions regarding discharge

and forfeiture of Earnest Money shall continue to apply during the extended period of validity.

15. 1. The lowest tenderer will have to submit the rate analysis of all major items if called for.

2. If it is found that the rates quoted by the lowest / selected contractor / developers are

abnormally low or high, the Competent Authority reserves the right to ask the construction

agencies/ Bidders to submit the detailed rate analysis of all items with full and satisfactory

details of materials, labour charges, taxes over head charges, make of materials and the name

of authorized dealers from whom they proposed to purchase the required materials and the

same shall be binding on the part of the Construction Agency to submit the details within 3

days time from the date of written order in this respect either from the Executive Engineer-I or

concern Dy. Chief Engineer, Pune Housing & Area Development Board Pune or any

competent authority of M.H.A.D.A.

16. While quoting the offer, the contractor should mention above, below or at par clearly. If

nothing is mentioned, the offer will be treated “Below” at the percentage quoted by the

tenderer.


17. There is Escalation clause for this work as per Govt. Resolution. Escalation shall be paid as

per Clause.

17A There is Mobilization advance clause for this work Mobilization advance shall be paid to the

agency as per Clause.

18. Eligibility Criteria For Contractors / Developers registered or unregistered The bidder who wishes to participate in the bidding shall satisfactorily establish that he/she/it fulfill the Eligibility Criteria stipulated here under: 1. Age of Firm should be minimum 10 years. 2. 2.1. Experience of having successfully completed “Similar Works”*, during last 7 years ending last day of month previous to the one of which applications are invited should be either of the following::

Type of similar works Value of work

High-rise residential buildings based on R.C.C. monolithic shear wall concept using aluminum formwork Technology with minimum 50 M height (16 Storied) including electrification etc.

Infrastructural Works allied with the mass housing projects viz. site development, roads, pathways, amenity development, compound wall, off site, on site electrification, landscape etc.

One similar completed work costing not less than the amount equal to 80% of the estimated cost put to tender.

Rs.336.00 Cr.

Rs.29.00 Cr

OR Two similar completed works costing not less than the amount equal to 50% of the estimated cost put to tender.

Rs. 210.00 Cr.

Rs 18.00 Cr.

OR Three similar completed works costing not less than the amount equal to 40% of the estimated cost put to tender.

Rs.168.00 Cr.

Rs 15.00 Cr.


2.2) The value of executed works shall be brought to current costing level by enhancing the actual value of work at simple rate of 10% per annum; calculated from the date of completion to last date of receipt of applications for tenders. 2.3) The past experience in similar nature of work should be supported by certificate issued by an officer not below the rank of Executive Engineer or equivalent. In case the work experience of other than Govt./Semi Govt./PSU’s the completion certificate shall be supported with copies of – Letter of Award/MOU/Agreement, last Bill and TDS certificates issued by owner for the work executed and audited balance sheet issued by Chartered Accountant. Experience in R.C.C. monolithic shear wall Building works (Residential & Non residential) with Fire fighting, lifts, internal and external Services. 3. One similar completed work with FSI built-up area of 120000 sq.m at single location or two similar work having FSI built-up area of 75000 sq.m or Three similar work each having FSI built-up area of 60000 sq.m with minimum 50 m ht, , 16 storey building. 4. The bidder should not have incurred any loss in last two financial years ending 31st March, 2013. 5. The bidder should have minimum net worth of 135.00 Cr 6. Fresh solvency certificate issued not earlier than three months prior to the date of application, an amount of 20% of the estimated cost put to tender or more of any nationalized bank / scheduled bank 7. Bids from the Joint Venture shall not be acceptable. 8. If the selected bidder is unregistered contractor, he has to get registered with MHADA within 30 days after issuing acceptance letter in Class I & above. 9. Average Annual Financial turnover (in RCC monolithic shear wall construction works ) during that last three years ending 31st March 2013, should be at least Rs. 135.00 Cr. (Scanned copy of Certificate from CA to be uploaded). 10. Bid Capacity: The bidder must have bid capacity for the work, the bid capacity will be worked out as per the formula given in Sr. No 47 below : Note :- If the submitted experience certificates of satisfactory completion are issued from the private client, then in support of the authentication, C A audited balance sheet needs to be provided by contractors. 11. There is a provision of incentive clause for early completion of the work in bid document 12. There is a provision of Mobilization advance (10%) clause for the work Mobilization advance shall be paid to the agency as per clause in bid document. * “Similar Works” means High-rise residential buildings based on R.C.C. monolithic shear wall concept using aluminum formwork Technology and Infrastructural Works allied with the mass housing projects viz.Infrastructure like club house, substation, STP, Underground water tanks, site development like roads, pathways, amenity development, compound wall, security cabin, etc. and allied external electrical works and landscape development. The contractors who are participating first time in E- Tendering Process, they are requested to take Digital User ID & Password as per guidelines mentioned from above MHADA’s E-Tendering Portal.

19. Applicant should upload attested scanned photocopies of all documents & produce in Original on request by MHADA at any stage from Tender opening.


20. If their offer is between 5 % to 10 % below the estimated cost put to tender, the tenderers shall

be required to pay 10 % S.D. instead of 2% as shown in the tender notice. If the offer is more

than 10 % below the estimated cost put to tender, the S.D. equivalent to the percentage

differance quoted by him shall have to be paid instead of that is shown in the tender notice.

21. (i) The amount of security deposit should be paid 50% in form of FDR of Nationazied

Bank/Scheduled Bank and same should be discharged in the name of Chief Accounts Officer,

Pune Board which can be en-cashed at any time and 50% will be deducted from the bills

as per clause (1) of the printed conditions of 'B-1' Contract.

(ii) The contractor shall quote percentage above or below the rates specified in the ‘Schedule’

‘B’ of the tender form in online prescribed format.

22. Earnest Money as mentioned above against the work should be paid in form of FDR of

Nationazied Bank/Scheduled Bank which is to be uploaded during bid preparation and should

be made available on tender opening date before 14.00 Hrs.

23. The Contractors may be exempted from paying earnest money, if they have already entered into

agreement prior to submission of this tender with any of the Executive Engineers of MHADA and

have paid the necessary permanent earnest money deposit which shall rest with the MHADA.

However, when such exemption is availed, the attested scanned photo copy of exemption

certificate will have to be uploaded during bid preparation in online envelope No. T 1

24. The amount of earnest money shall be forfeited in case after his / her / their tender is accepted

the contractor fail / fails to complete the contract documents and pay the amount of Security

Deposit noted against the work within specified time would be intimated in the letter of

acceptance.

25. The Competent Authority may at its discretion defer the cancellation of the tender if the

contractor pays interest on the amount of security deposit or any part thereof as remained

unpaid within specified period at the rate of 20% per annum until the whole of such amount of

security deposit has been paid.

26. Decision of tenders will vest with the Competent Authority who reserves the right of rejecting

any or all the tenders without assigning any reasons for doing so.


27. A statement showing names of partners, Directors, etc. of the firm with complete address of

each should be uploaded to the e-tender and authorize person on behalf of firm should sign

tender using digital signature certificate of his or her name to do so.

28. Present status of approvals for the proposed project

1. Pimpri Chinchawad Municipal Corporation in principally approved the plans vide

letter No. BP/ Tathawade / 133 / 2013 / , dated 13.12.2013 subject to MOEF clearance

and obtaining civil aviation NOC for the project.

2. MOEF clearance is in process The meeting with SEAC – III is done along with

presentation – further compliances are in process.

3. Permission to civil aviation NOC is in process.

4. The work order to the contractor will be issued only after obtaining MOEF clearance,

Civil aviation NOC and Commencement Certificate for the project from PCMC.

5. There might be some changes in the No. of units / flats / construction area as per

sanctioned plans from Pimpari Chinchwad Municipal Corporation and the units

mentioned in the tender.

29. The lowest tenderer shall be required to pay the Stamp duty for the execution of the contract

agreement with the ‘Maharashtra Housing and Area Development Authority’ according to

Govt. rules and scale in force.

30. (a) In case the contract in which first half amount of Security Deposit is paid in in form of FDR of Nationalized Bank/Scheduled Bank which can be encashed at any time at the time of execution of agreement and remaining half amount of Security Deposit is recovered as deduction from Contractors/s R.A. Bills as per conditions of contract ; the value of Stamp-duty will be total of (i) + (ii) + (iii) below. (i) Stamp duty on the main agreement Rs. 10 /-

(ii) Stamp duty on the Half amount of Security Deposit in

in form of FDR of Nationazied Bank/Scheduled Bank at

the time of execution of agreement.

Rs. 10 /-

iii) Additional Stamp-duty on the Agreement in respect of

the remaining 50% of the Security Deposit to be

recovered as deduction from the Contractor/s R.A.Bill

Rs. 10 /-

Total Rs. 30/-


(b) In case the contract in which 1st half amount of security Deposit is paid in cash at the

time of execution of an agreement and the remaining half amount of security deposit is

recovered as deduction from the contractor’s R.A. Bills, the value of Stamp duty will be total

of (i) + (ii) + (iii) below.

(i) Stamp duty on the main contract.

Rs. 10 /-

(ii) Stamp duty on the 1st half amt. of

Security Deposit paid in cash

To be levied at the rate of Rs.

15/- per Rs. 500/- or part

thereof on the amount actually

paid in cash.

(iii) Additional Stamp-duty on the agreement

in respect of recovery of the remaining half

amount of Security Deposit as deduction

from the Contractor/s R.A. Bill

Rs. 10 /-

(c) In case of contract in which full amount of Security Deposit is paid in advance in cash at

the time of execution of contract the Stamp-duty will be total of (I) and (ii) below.

(i) Stamp duty on the main

agreement.

Rs. 10/-

(ii) Stamp duty on the amount of

security deposit paid in cash

To be levied at the rate of Rs. 15 per

Rs. 500/- or part there of on the whole

amount paid in cash

The rate of Stamp duty is subject to adjustment confirmation by the local stamp office and the

contractor shall be bound to pay such modified rate as may be confirmed by the local stamp

office.

31. The contractor/s whose tender is accepted will have to enter into a regular contract agreement

in ‘B-1’ tender form with the ‘Maharashtra Housing and Area Development Authority. Copy

of ‘B-1’ form can be perused in the office of the Executive Engineer - I, P.B. during office

hours on any working day.

32. The contractor/s whose tender is accepted shall be required to furnish a Surety Bond - VI) of

an amount equivalent to the Security Deposit required as per stipulations of tender on regular

stamp paper of Rs. 100/- (Rupees one hundred only) The contractors/s tendering for the work


is/are required to take this fact into consideration while tendering

33. No alternations in the form of tender, schedule of quantities, units, specifications and in the

shape of special stipulations will be permitted. Tender of the Contractor/s quoting the rates for

units other than specified in the tender will not be considered.

34. The Competent Authority shall be entitled to reject complete tender and forfeit the earnest

money paid by the Contractor/s if they fail to produce the required documents within

stipulated period.

35. While submitting tenders the contractors/s shall take into consideration that they will have to

pay income-tax at 2% on gross amount and surcharge at prevailing rates to be paid and the

same will be recovered through R.A. Bills unless stipulated differently by the Income Tax

Officer in each individual case.

36. The tender rate offer shall be inclusive of testing charges of material, all taxes, LBT, royalties any

form of cess and Custom other duties etc. Variation in the foreign currency including Labour welfare

cess, Service Tax and Work Contract Tax under the provisions of the Maharashtra Sales Tax on

transfer of property in goods involved the execution of work contract Act 1985 (Maharashtra Act

No.XIX 1985) and amendments time to time. Maharashtra tax laws (Act No XVII of 1999) (Levy

Amendment & Validation Act 1999), Maharashtra Value Added Tax ( MVAT ) etc. If there is

any increase after date of submission of bid in any of the tax rate, duties, royalty, levies, cess, variation

in rates if freight or insurances, no extra payment shall be made on this account.

37. The words "Tender" and "Tenderer" wherever they appear in these documents shall be considered as

synonymous to the words 'Bid' and 'Bidder' respectively unless such an interpretation is out of context.

Similarly 'Tender papers' shall mean 'Bid Documents'.

38. While preparing & submitting E-Tender the Contractor/s shall take into consideration that

they will have to pay Works Contract Tax as per the Maharashtra Value Added Tax Act 2002,

TDS shall be deducted at the rate of 5% on gross amount of bill payable to contractor if he is

not registered under VAT, if he is registered under VAT, the TDS to be deducted at 2% from

the bill. The rate shall be subject to Government’s directions as those shall be issued from time

to time and it will be binding to the contractor.


39. While submitting E-Tender, the tenderer/s shall take into consideration that, they will have to

pay Service Tax as per the rates decided by and as and when revised by Central Excise

Department. The contractor will have to produce a registration certificate from Central Excise

Department.

The contractors offer shall be inclusive of Service Tax which is the liability and responsibility

of the contractor to pay it to the Central Excise Department. AN equal amount will be withheld

from running payments till the contractor obtains Service Tax registration. The intension

behind withholding the amount which to make the contractor to register with Central Excise

Department and obtain registration certificate and make regular payment of taxes.

40. Works Contract Tax, Service Tax and the labour welfare cess as per the latest rules of Govt. of

Maharashtra shall be deducted from the Construction Agency's bills, which shall be noted by the

Construction Agency at the time of quoting their rates as prevailing at the time of payment.

41. Canvassing in any form for the tender shall lead to disqualification.

42. The acceptance of the tender shall be intimated by the Executive Engineer, P.H,.& A.D. Board, Pune

on behalf of MHADA or by any other higher authority to the Bidder and such intimation shall be

deemed to be an intimation of the acceptance of the tender by the authority competent to accept the

tender.

43. The lowest tenderer shall be equally responsible for executing / completing the work as per

specifications and if any decision of consumer / any Hon. court is received regarding quality of

work then the judicial decision will be binding on the Contractor for rectification.

44. MHADA reserves the right to verify financial transaction of Contractor in his Bank / Financial

Institutions. Contractor should give authority to that effect along with his accounts number &

Bank / Financial Institutions name & address. Any changes / modification may be

communicated to MHADA immediately.

45. There is incentive clause for this work. Incentive shall be paid as per Clause.

46. There is Compensation clause for this work. Compensation shall be deducted from bills of work

as per Clause.

47. The Bidder will be eligible to submit the e - tender who meets the minimum Qualification criteria only if his/their available bid capacity is more than total value of the work for which he has offered his bid. The available bid capacity will be calculated on the basis of formula given below. (Statement 1b) Assessed available bid capacity = (A x N x 2 – B) Where

A = Maximum value of Civil Engineering works executed in any one year during the


last 5 years taking into account the works completed as well as works in progress, duly updated the value. N = Number of years prescribed for completion of the works for which bids are invited (in years) B = Updated value of existing commitments and ongoing works to be completed during the next 3 years (Period of completion of the works for which bids are invited)

Note: - The statements showing the value of existing commitments and ongoing works as well as the stipulated period of completion remaining for each of the works listed should be countersigned by the Engineer in charge, not below the rank of an Executive Engineer. Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have made misleading or false representation in the forms. The value of completed works of previous years shall be given weightage of 10% per year based on Rupee value to bring them to 2013-2014 price level. Statement and attachments submitted in proof of the qualification requirements; and/or record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation, history or financial failures etc.

48. In the event of delay of work, the contractor shall be liable to pay compensation an amount as

per clause 2 as the Deputy Chief Engineer (Whose decision in Writing shall be final) may

decide of the said estimated cost of the whole work for every day that the due quantity of work

remains incomplete. Provided always that the total amount of compensation to be paid under

the provision of clause-2 shall not exceed 10 percent of the estimated cost of the work as

shown in the tender

49. Pre-Tender Conference

1. Online or in the office of the Dy.Chief Engineer, Pune Board, raised any technical points

on or before Dt 02/04/2014 upto 15.00 Hrs. Pre-tender conference is open to all prospective

tenderer who have downloaded tender form before the date of Pre-tender Conference. Wherein

prospective Tenderer will have an opportunity to obtain clarifications regarding the work and

the Tender Conditions. The prospective tenderer may also post their queries only using post

query option for the tender. ( The Post query must reach E.E’s office before pre-bid date )

2. The prospective tenderer are free to ask for any additional information or clarification either

in writing or orally concerning the work, and the reply to the same shall be uploaded on the

portal http://mhada.maharashtra.etenders.in.in and this clarification referred to as Common Set

of Conditions/Deviations (C.S.D.), shall form part of tender documents and which will also be

common and applicable to all tenderer. The point/points if any raised in writing and/or

verbally/ online by the contractor in pretender conference and not finding place in C.S.D.

issued after the prebid conference, is/are deemed rejected. In such case the provision in NIT

shall prevail. No individual correspondence will be made thereafter with the contractor in this



regard.

3 The tender submitted by the tenderer shall be based on the clarification, additional facility

offered (if any) by the Department, and this tender shall be unconditional. Conditional tenders

shall be summarily REJECTED.

50. INSTRUCTIONS TO BIDDERS & METHODOLOGY OF e-TENDER SUBMISSION

50.1 The Bidder shall, prior to submitting his tender for the work, visit and examine the site

of work and its surroundings at his own cost and obtain and ascertain all information that may be necessary for preparing his tender offer and entering into a contract including, interalia, the actual condition of site, soil samples and foundation conditions, availability of materials, labours, water supply, electricity, traffic restrictions and obstructions in work if any and it shall be presumed that, Agency has taken into consideration prevailing site conditions and envisaged factors affecting the cost of work while quoting the price.

50.2 A Bidder shall be deemed to have full knowledge of the site, whether he inspects it or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed.

50.3 Submission of quoted tender implies that Bidder (bidder) has received tender notice and all other contract documents and has made himself aware of …..

(I) Scope and specifications of the work to be done. (II) Local site conditions. (III) Other factors having any bearing whatsoever on execution of the work.

50.4 The Bidder shall submit the tender who satisfies each and every condition laid down in the tender failing which, it is liable to be rejected.

50.5 The successful Bidder shall be required to produce to the satisfaction of Executive Engineer a valid and current license issued in his favour under the provisions of the contract labour Act 1979 before starting the work, failing in the matter the acceptance of the bid shall be liable to be withdrawn and also Earnest Money and Initial Security Deposit shall stand forfeited.

50.6 The other data furnished in the Tender Documents are only by way of general information and the PHADB shall not entertain any claims due to variations from this data or for any expenses incurred by the Bidder in this connection. The Bidder shall himself obtain all necessary information at his risk and costs and other circumstances which may affect or influence his tender. No extra charges consequent on any misunderstanding or otherwise shall be allowed.


50.7 At any time prior to the deadline of Bid preparation and Hash submission, the MHADA may, for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder pursuant to clause 50.11 hereof modify the Tender Documents by the issuance of an addendum.

50.8 The Addendum shall be issued by uploading on e-tender portal for all prospective Bidders who have received the Tender Documents and shall be binding upon them, irrespective of whether the prospective Bidders acknowledge receipt of the same or not.

50.9 In order to afford prospective Bidders reasonable time to take the Addendum into account for the preparation of their tenders, the MHADB may at it's discretion extend the deadline for the submission of tenders.

50.10 PROCEDURE FOR SUBMISSION OF TENDER:

Tender shall be submitted on-line on e-Tendering portal in two envelopes system within prescribed schedule.

50.10.1 On Line Technical Envelop No.1.(T1)( Bidders eligibility evaluation documents)

Bidders shall upload scanned copies of following documents in Envelope –I (T1) available on e-tender portal.

a) Bid price payment counter pay-in-slip issued by Bank of Maharashtra on deposit of DD/Pay order.

b) EMD payment :-FDR of Nationalized bank /Scheduled Bank

c) Valid registration certificate under class-I (unlimited) or equivalent and company registration.

d) Photo copy of Pan Card.

e) Latest Sales Tax Certificate.

f) Fresh solvency certificate issued not earlier than 3(Three) months prior to date of application for an amount of 20% of the estimated cost put to tender or more of any nationalized bank.

g) Annual work expenditure ( In the aluform technology works) duly certified by Chartered Accountant for last 3(Three) financial years in format enclosed as Statement No.1a.

h) Details of works in hand with bidder in format enclosed as Statement No. 2a & 2b .

i) Details of work completed in last 7(Seven) years in format enclosed as Statement


No.3a & 3b.

j) Statement showing Annual turn over Assets/ liability & net worth of bidder for last 3 (Three) years certified by the Chartered Accountant

k) Details of Technical personnel, available with the bidder for Bid work in format enclosed as Statement No.4a & 4b .

l) List of Machinery available with the bidder for bid work in format enclosed as Statement No.5a & 5b .

m) Details of work tendered for (Statement 6a) and details of litigations regarding works carried out by bidder in last 3 years if any Statement No. 6b.

n) The letter of transmittal in prescribed format in (Pg No. 45 ) on companies/ Firm's letterhead duly stamped and signed.

o) Attested copy of Partnership deed/ Memorandum & Articles Association as the case

may be, if the Bidder is partnership firm or a joint stock company alongwith the Power of

Attorney, authorizing partner to enter into contracts.An undertaking on stamp paper of

Rs. 100/- stating therein that the agency is not black listed in any of Govt./ Semi-Govt./

other department. This undertaking shall be duly notarized.

p) Undertaking & declaration in prescribed format

q) Age proof of the organization shall be attached

Note : Proforma of Statement nos. 1a, 1b, 2a, 2b, 3a, 3b, 4a,4b, 5a ,5b, 6a, and 6b

Undertaking & declairation and form of Transmittal are provided along with Tender document.

(Pg.No).Bidders are requested to fill on-line forms of statements & encrypt the data using valid

Digital signature certificate issued by any of Govt. of India approved certifying authority, in

envelope- I given.

50.10.2 On Line Financial Envelope No.2 ( C1)

Main tender document ( like volume I, II, III, IV ) mentioning the financial offer of the tenderer and minuets of prebid meeting.

The financial offer of the bidder shall quote in the point no 20 of percentage rate tender

contract for working Recapitulation Sheet as Percentage Rate at par/Below/ Above the

estimated cost put to tender.

Upon preparation of Data in Both the envelopes mentioned above, contractor need to


generate HASH value of bid & same has to be signed by Digital Signature Certificate

then submit the HASH value on e-Tendering Portal.

On prescribed date of Bid Submission, Contractor need to upload all the documents uploaded during Bid Preparation & also re-encrypts data using Digital Signature Certificate. The bidder should submit all tender document in the form of volume I , II , III and IV in the hard copies at the time of opening of the tender or within weeks time after opening of the tender along with all original documents for certification , at Pune Hosing and area Development Board office.

50.10.3 On prescribed date of bid submission, Bidder need to upload all the

documents uploaded during bid preparation & also re-encrypts data using Digital

Signature Certificate.

50.10.4 Tenders not received in above referred manner shall be rejected forthwith.

50.10.5 The tender prepared by the Bidder, and all correspondence and documents relating to the tender exchanged by the Bidder and the Board, shall be written in the English language only. Supporting documents and printed literature furnished by the Bidder in another language shall be accompanied by an appropriate translation of pertinent passages in English language. For the purpose of interpretation of the tender, the English language shall prevail.

50.10.6 The tendered rates and prices shall be quoted entirely in the currency of Indian Rupees only.

50.11 The Bidder or his accredited representative is advised to attend the work shop with pre-bid meeting which shall be conducted by the Chief Engineer-II / MHADA at " Dr. Babasaheb Ambedkar " meeting Hall, 2nd floor, Griha Nirman Bhavan, Agarkar Nagar, Behind Alankar Cinema, Pune-411001 on 02/04/2014 at 15.00 Hrs in order to listen and understand the questions/issues on any matter related to contract that may be required by the Bidders.

50.12 The Bidder if desire , may submit any question in writing, so as to reach the office of the Executive Engineer-I / PH&ADB, not later than 3 (Three) days before the above meeting.

All such queries/questions/issues and questions raised during meeting shall be noted in the said meeting and the decision on these points shall be uploaded on e-Tender portal. The reply so given shall be final and binding on both the parties and shall form part of


the agreement.

Any modification in the tender documents listed at 50.10, which has become necessary as a result of the pre tender meeting, shall be made available by the Board exclusively through the issuance of an Addendum in pursuant to Clause - 3.7 and same shall be uploaded.

50.13 PROCEDURE FOR TENDER OPENING.

a. Technical Envelope – I ( T1) containing bidders Eligibility Evaluation documents shall be opened first on schedule date & time (extended if any) and eligibility shall be decided.

b. Financial Envelope – II ( C1) containing the financial bids of those eligible bidders shall only be opened on schedule date & time (extended if any)

50.14 VALIDITY OF TENDER :

The tender shall remain valid and open for acceptance for a period of 90 (Ninety) days from the date of opening of financial bid. (Extended date in case of extension)

In exceptional circumstances, prior to expiry of the original tender validity period, the Board may request the Bidder for a specified extension in the period of validity. The request and the responses thereto shall be made in writing or by a fax or telex. The Bidder may refuse the request without for forfeiting his earnest money. The Bidder agreeing to the request shall neither be required nor permitted to modify his tender, but shall be required to extend the validity of his earnest money correspondingly. The provisions regarding discharge and forfeiture of earnest money shall continue to apply during the extended period of tender validity.

50.15 FORMAT AND SIGNING OF TENDERS

a) If the offer is made by a proprietary firm, it shall be signed by using digital signature certificate by the proprietor, above his full name and the full name of his firm with its current address.

b) If the offer is made by a firm in partnership, it shall be signed by using digital signature certificate by a partner holding the power of attorney for the firm. A certified copy of the power of attorney shall be uploaded along with statement showing names of partners, Directors, etc of the firm with complete address of each partners.

If the tender is made by a Limited Company or a Limited Corporation it shall be signed by using digital signature certificate by the duly Authorized person holding the power


of attorney for such Limited Company or Limited Corporation, Certified copy of the power of attorney shall be uploaded. Such Limited Company or Limited corporation may be required to furnish satisfactory evidences of its existence before the contract is awarded. All witnesses and sureties shall be persons of status and probity and their full names, occupations and addresses shall be given below their signatures. All signatures shall be dated.

50.16 The original tender shall be signed by a person or persons duly authorized to bind the Bidder legally to the contract in all respects. Proof of such authorization shall be furnished in the form of a written Power of Attorney, which shall accompany the tender.

50.17 The successful Bidder shall be required to pay the stamp duty for execution of Contract

Agreement with the Pune Housing & Area Development Board, according to

government Rules and Scale in force.

50.18 The successful Bidder whose bid is accepted shall have to enter into a regular Contract

Agreement in ‘B-1’ Tender form with the Pune Housing & Area Development Board,

by fixing of special adhesive stamps of appropriate denominations to the documents, as

required by Law. The entire set of tender papers forming part of the offer including the

tender notice and the printed ‘B-1’ form shall form part of Contract Agreement. This

Agreement shall be signed within a month of acceptance of the Tender.

50.19 No alteration in the form of tender, schedule of quantity, units, specifications and in the

shape of special stipulations shall be permitted. In case of bonafide errors in the tender

forms the Bidder may seek prior clarifications. The tender of the Construction Agency

quoting the rates for units other than those herein specified shall not be considered.

50.20 While submitting the tender, the Bidders shall note that they shall have to pay the

Income Tax @ 2 % as per rules in force from time to time and surcharge thereon on

the gross payable amount and the same shall be recovered through their running

account (R.A.) bills, unless stipulated differently by the Income Tax Officer in each

individual case.

50.21 The acceptance of the tender shall be intimated by the Executive Engineer of Pune


Housing and Area Development Board, Pune or by any other Higher Authority to the

Bidder and such intimation shall be deemed to be an intimation of the acceptance of the

tender by the Authority competent to accept the tender.

50.22 Canvassing in any form for the bid shall lead to disqualification.

50.23 The Bidder shall read all the documents and papers thoroughly and sign with

permanent ink in space provided above the words signature of the Construction

Agency.

50.24 The words Bid/ Tender and Bidder/ Bidder wherever they appear in these documents

shall be considered as synonymous to the words ‘Bid’ and ‘Bidder’ respectively unless

such an interpretation is out of context. Similarly Tender Papers’ shall mean ‘Bid

documents’ and Bidder or Bidder also mean ‘Construction Agency.

50.25 The tendered rates shall be inclusive of all taxes and cesses and shall also be inclusive

of tax leviable in respect of Works Contract including Service Tax under the provision

of the Maharashtra Sales Tax on transfer of property in goods involved in the execution

of Works Contract Act 1985 (Maharashtra Act.No. XIX of 1985).

50.26 The expenditure whatsoever incurred by the Bidder for preparing and submitting the

tender shall be borne by the Bidder.

50.27 Tenders not received in above referred manner will to be rejected forthwith.

Signature of Contractor Executive Engineer - I Pune Housing & Area Development Board,

Pune - 411001.


STATEMENTS


STATEMENT NO. 1a (Annual Turn over)

Government /Semi Govt./PSU’s /Private Works

Financial Analysis - Details to be furnished duly supported by figures in Balance sheet/ Profit and loss Account for the last seven years duly certified by the Chartered Accountant as submitted by the Bidder to the Income - Tax Department (Copies to be attached

Financial Years Average for last three years

T1 T2 T3 T4 T5 T6 T7 = (T5+T6+T7)/3

2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13

Annual Turnover on construction works (Crores) in aluform technology similar to the proposed work.

Multiplying factor for updating 1.77 1.61 1.46 1.33 1.21 1.10 1.00

Updated cost of work

Profit/Loss Amount in Rs.

Signature of Chartered Accountant with seal

Signature of Bidder


STATEMENT NO. 1b (For Bid Capacity) Government /Semi Govt./PSU’s Works/Private

STATEMENT SHOWING WORK DONE IN ALL CLASSES OF CIVIL ENGINEERING CONSTRUCTION WORKS DURING

LAST SEVEN YEARS Name of Bidder:____________________________________________________________

Sr. No.

Name of work

Amount Put to Tender/ Tendered cost

Agreement No.

Date of Commencem ent

Amount of work done during each of last Seven years (Rs. in croers )

Amount of work still remaining to be executed 2013-2014 (Rs. In lakhs)

Remarks

Years 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Total Multiplyin

g factor for updating

1.77 1.61 1.46 1.33 1.21 1.10 1.00

Grand Total.

Tenderer shall work out this Bid Capacity on basis of highest amount “A” i.e. the total cost of work done in any one year out of the last Five years and the amount the total cost of works in hand and shall work out the Bid Capacity as below. Capacity = (A*N*2) - B

( Signature of tenderer with seal )


STATEMENT NO.2a

A) STATEMENT SHOWING ALL WORKS IN HAND ON THE DAY OF TENDERING

Mention the details of Buildings constructed with Aluform Technology

Name of tenderer/s M/s. ………………………………………………………………………………………………………………………………………………………. Sr. No.

Name of Work No. floors

FSI Built-up area in Sqm

Department / Organisation awarding the work

Value of the total Work Rs in croers

Value of residual work remaining to be completed on the date of tendering Rs in croers

i) Probable date of completion

ii) Whether the progress is as per schedule, if not whether behind or ahead and by what time length

Remarks (tenderer to indicate any recognition for completing works early fines, penalties for delays and reasons for delays)

1. 2. 3. 4. 5. 6. 7. 8. 9.



STATEMENT NO.2b

B) STATEMENT SHOWING ALL WORKS IN HAND ON THE DAY OF TENDERING

Mention the details of other works Name of tenderer/s M/s. ………………………………………………………………………………………………………………………………………………………. Sr. No.

Name of Work No. floors

FSI Built-up area area in Sqm


Value of the total Work Rs in croers

Value of residual work remaining to be completed on the date of tendering Rs in croers

I) Probable date of completion

II) Whether the progress is as per schedule, if not whether behind or ahead and by what time length

Remarks (tenderer to indicate any recognition for completing works early fines, penalties for delays and reasons for delays)

1. 2. 3. 4. 5. 6. 7. 8. 9.



STATEMENT NO. 3a

STATEMENT SHOWING ALL WORKS PREVIOUSLY EXECUTED (in last 7 years)

Mention the details of Buildings constructed with Aluform Technology


Name of Work No. floors FSI Built-up area in sqm


Value of the total Work Done Rs in croers

Specified period of completion and actual Period required for completion and date of completion

Remarks (tenderer to indicate any recognition for completing works yearly fines, penalties for delays and reasons for delays)

1. 2. 3. 4. 5. 6. 7. 8.



STATEMENT NO. 3b

STATEMENT SHOWING ALL WORKS PREVIOUSLY EXECUTED (in last 7 years)

Mention the details of other works


Name of Work No. floors FSI Built-up area in sqm


Value of the total Work Done Rs in croers

Specified period of completion and actual Period required for completion and date of completion

Remarks (tenderer to indicate any recognition for completing works yearly fines, penalties for delays and reasons for delays)

1. 2. 3. 4. 5. 6. 7. 8.

(Signature of tenderer with seal)


STATEMENT NO. 4a

STATEMENT SHOWING DETAILS OF TECHNICAL PERSONNEL AVAILABLE WITH

THE TENDERER / CONTRACTOR FOR THE WORK TENDERED FOR

FOR RESIDENTIAL BUILDINGS TO BE CONSTRUCTED IN ALUFORM TECHNOLOGY

Name of tenderer / contractor/s M/s. ……………………………………………………………………………………………………………………………………………………..… Sr. No. Name Qualification Details of Length of Service

with the tenderer Previous experience Remarks

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



STATEMENT NO.4b

STATEMENT SHOWING DETAILS OF TECHNICAL PERSONNEL AVAILABLE

WITH THE TENDERER / CONTRACTOR FOR THE WORK TENDERED FOR

FOR OTHER BUILDINGS TO BE CONSTRUCTED IN CONVENTINAL TECHNOLOGY

Name of tenderer / contractor/s M/s. ……………………………………………………………………………………………………………………………………………………..… Sr. No. Name Qualification Details of Length of Service

with the tenderer Previous experience Remarks

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



STATEMENT NO.5a

STATEMENT SHOWING DETAILS OF EQUIPMENTS IN POSSESSION OF TENDERER

FOR RESIDENTIAL BUILDINGS TO BE CONSTRUCTED IN ALUFORM TECHNOLOGY

Name of tenderer/s M/s. ……………………………………………………………………………………………………………………………………………………..

Sr. No. Details of Equipment Nos. Present Value Rs in lacks

Availability for work tendered for

Remarks

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



STATEMENT NO.5b

STATEMENT SHOWING DETAILS OF EQUIPMENTS IN POSSESSION OF TENDERER

FOR OTHER BUILDINGS TO BE CONSTRUCTED IN CONVENTINAL TECHNOLOGY

Name of tenderer/s M/s. ……………………………………………………………………………………………………………………………………………………..

Sr. No. Details of Equipment Nos. Present Value Availability for work tendered for

Remarks

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



STATEMENT NO. 6a

STATEMENT SHOWING ALL WORKS TENDERED FOR Name of tenderer/s M/s. ………………………………………………………………………………………………………………………………………………………. Sr. No.

Department / Organization awarded the

work

Name of work

Value of the total work Position of quotation Probable date of Remarks ( indicated your view in the tender submitted by you for ) Per tender Per quotation Commencement of work Completion of work

1. 2. 3. 4. 5. 6. 7. 8. 9.


STATEMENT NO. 6 b

STATEMENT SHOWING INFORMATION ON LITIGATION HISTORY IN WHICH TENDERER IS INVOLVED

Name of tenderer/s M/s. ………………………………………………………………………………………………………………………………………………….…

Other party(ies) Employer Cause of dispute Amount involved Rs in crores

Remarks showing present status

1.

2. 3. 4. 5.

(Signature of tenderer with seal )


To be given by prospective bidder on letterhead of the firm / company. And scanned copy shall be uploaded during bid preparation and Original to be produced when called for.)

FORM OF LETTER OF TRANSMITTAL Date: To, The Executive Engineer Pune Hsg. & Area Dev. Board. Pune.

Sub : Construction and development of MHADA’s site at S NO 126 + 127 /1 , Tathawade , Pune

consisting of :

1. Enginerring , procurement and construction of multistoried residential finished 1651 T/s

under LIG / MIG /HIG ( with construction area of approximate 239851 Sq, Mtrs. ) based on

R.C.C. monolithic shear wall conscept using aulminium formwork.

And

2. Infrastructure works including development works like compound wall , STP , External water

supply and drainage , External electrification , landscape and site development etc.

Dear Sir, I/We hereby state and submit that I/we have read the online bid documents of the subject

work. I/We have also got myself/ourselves acquainted with all conditions of contract / General

Conditions of contract / scope of wok / mode of measurement / detailed specification for civil and

electrical work / list of materials / plans etc i.e. entire bid document of subject work.

The rates quoted by me/us are after taking into consideration all facts and figures given in the

bid document. Therefore I/we shall not claim anything after opening of bid documents on the ground

of ignorant of contents of bid documents.

I/we am/are authorized to sign the declaration on behalf of Agency / firm / company etc.

Place : Date : Company Seal Authorized Signatory


DEFINATIONS AND INTERPRETATION DEFINATIONS `

In the Contract, as hereinafter defined, the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires.

(a) The ''MHADA'' shall mean the Maharashtra Housing and Area Development Authority, an Apex

body as constituted under MHADA Act 1976. The ''PHADB'' shall mean the Pune Housing and Area Development Board, a Regional Unit of MHADA.

(b) "EMPLOYER" means the Maharashtra Housing and Area Development Authority constituted

under MHADA Act. 1976 and Pune Housing and Area Development Board which shall engage the Construction Agency, and the legal successors in title to the Employer or any assignee of the Employer.

(c) "CONSTRUCTION AGENCY/ CONTRACTOR" means the person whose tender has been

accepted by the Employer & the legal successors in title to such person, but not (except with the consent of the Employer) any assignee of such person.

(d) "ENGINEER-IN-CHARGE" means the Executive Engineer or any other Engineer appointed

from time to time by the PHADB and notified in writing to the Construction Agency to act as Engineer-in-charge for the purposes of the contract.

(e) "ENGINEER IN CHARGE'S REPRESENTATIVE" or his agent means any Resident Engineer

or Assistant of the Engineer, or any clerk of works or any other person nominated by Engineer-in-charge to perform the duties set forth; in this contract, whose authority shall be notified in writing to the Construction Agency by the Engineer-in-Charge.

(f) The ‘WORKS` shall mean the works to be executed in accordance with the Contract or part (s)

thereof as the case may be, both Permanent and Temporary Works.

(g) "CONTRACT" means the Conditions of Contract, Specifications, Drawings, Letter of Acceptance, Agreement and Annexure.

(h) “Contract Period" means the period from the Commencement Date to the end of final Defects Liability Period.

(i) "CONTRACT PRICE" means the sum mentioned in the Volume - II of this contract document,


subject to additions thereto or deductions there from as may be made under the provisions, hereinafter contained.

(j) “Letter of Acceptance" means the letter from the Employer or the Engineer, or a person nominated by them on their behalf for this purpose,..to the Contractor, conveying acceptance of the Tender, subject to any modifications agreed to between the parties and includes advance acceptance of the tender.

(k) “Tender or Bid" means the completed offer made by individual, company, Corporation or Consortium for the execution of the works.

(l) "CONSTRUCTIONAL PLANT" means all machinery, equipment and appliances required in or

about the execution or maintenance of the works but do not include materials or other things intended to form or forming part of the Permanent works.

(m) "TEMPORARY Works" means all temporary works of every kind required in or about the

execution or maintenance of the works.

(n) "PERMANENT Works" means the permanent works to be executed and maintained in accordance with the Contract.

(o) "SPECIFICATION" means the specification referred to in the contract and any modification

thereto or addition thereto as may be suggested by the Construction Agency and approved in writing by the Engineer-in-Charge but without any extra cost to MHADA.

(p) "DRAWINGS” means the drawings referred to in the specification and any modification of such

drawings approved in writing by the Engineer-in-Charge.

(q) "SITE" means the land and other places on, under, in or through which the Permanent Works or Temporary Works as desired by the Engineer are to be executed and any other lands and places provided by the Employer for working space or any other purpose as may be specifically designated in the Contract as forming part of the Site.

(r) "APPROVED" means approved in writing, including subsequent written confirmation of previous

verbal approval.

(s) (i) Words indicating the singular only also include the plural and vice- versa where the context requires.

(ii) The headings and marginal notes in these Conditions of Contract shall be deemed to be part thereof however shall not be taken into consideration in the interpretation or construction thereof or of the Contract.

(t) The "CHIEF ENGINEER" means the Chief Engineer of MHADA in charge of this work for


the time being holding that office and also his successors.

(u) "CONSULTANT ARCHITECT" means “M/s Laxman Thite Architect” appointed by the Employer as a Consultant Architect who is directed to perform the duties of Project Management Consultant to the Employer or any other person appointed from time to time and notified as such and shall include any person duly authorized by it.

(v) The " Concern Dy. Chief Engineer / PH&ADB" means the officer so designated by MHADA

or PH&ADB or any other officer who is for the time being entrusted with functions, duties and powers by the PH&ADB and notified to the Construction Agency.

(w) The "INSPECTING OFFICER" means the Chief Engineer/MHADA, Dy. Chief Engineer,

Executive Engineer, Sr. Architect, Architect of P.H. & A.D. Board, Chief Architect & Planner/ MHADA, P.M.C. or any other officer or officers including Vigilance Officer for the time being exercising their functions, duties and power.

(x) The 'PCMC' means Pimpri-Chinchwad Municipal Corporation.

(y) The "WORK ORDER" means written communication by the Engineer-in-charge to the

Construction Agency to proceed with the work.

(z) " PROJECT" means Construction and Development of MHADA’s site at S. No. 126+127/1,

Tathawade, Pune consisting of :

1 Construction of multistoried residential finished 1651 T/s under LIG/MIG/HIG (with construction

area of Appr. 239851 Sq.Mtrs.) based on R.C.C. monolithic shear wall concept using aluminum form

work; and

2 Infrastrcture Works including development works like compound wall, STP, External water supply

& Drainage, External Electrification, Landscape & Site Development etc.

(aa) “Commencement Date" means the date on which the Contractor shall commence the Works

on the written instructions of the Employer contained in the Notice to Proceed.

(bb) “Materials" means things of all kinds (other than Plant) to be provided and incorporated in

the Permanent Works by the Contractor, including the supply-only items Of any), which

are to be supplied by the Contractor as specified in the Contract.

(cc) 'Tenderer" or "Bidder means the person, firm or corporation submitting a tender against

the notice of invitation of tender and includes his authorized agents or representatives.

Tenderer shall mean 'Contractor' wherever the context so requires and vice-versa.

(dd) "Designated Contractors" means any of the following whose activities or the works they

are, engaged to carry out and / or are affected by the Works, in any way or at any time

(i) contractors, design consultants and utility authorities engaged on the Project from time

to time by the Employer;


(ii) sub-contractors of any tier of the contractors above; provided that the definition shall

exclude the Contractor and his sub-contractors of any tier in relation to the Works

(ee) “Special Conditions of Contract" means any special conditions of contract issued by the

Employer prior to submission of the Tender or negotiated and agreed in writing by the

Employer and the Contractor prior to and conditional upon acceptance of the Tender.

Executive Engineer-I PHADB, Pune


UNDERTAKING & DECLARATION OF CONTRACTOR


UNDERTAKING

Name of work:-

Construction and development of MHADA’s site at S NO 126 + 127 /1 , Tathawade , Pune

consisting of :




And


supply and drainage , External electrification , landscape and site development etc. .

I / we have gone through the procedure preparing online bid and submitting tender using

e-Tendering system and I / We am / are fully conversant with the details of procedure to be

followed in this system.

I / we have submitted this tender after reading whole tender document.

Place:-

Date :- (Signature)

Name of tenderer/s


DECLARATION Name of work:-

Construction and development of MHADA’s site at S NO 126 + 127 /1 , Tathawade , Pune

consisting of :




And


supply and drainage , External electrification , landscape and site development etc.

Declaration

I / we, hereby declare that I / we have made myself / ourselves thoroughly conversant with

the local conditions regarding all materials and labour and site on which I / we have based my / our

rates of this tender. The specifications and leads on this work have been carefully studied and

understood before submitting this tender. I / we undertake to use only the best material out of the

approved list of materials attached with this tender & as would be approved by Executive Engineer,

during the execution of work & to abide by decisions.

Date :- / / (Signature of tenderer)


B – 1 AGREEMENT FORM


B-1 FORM

MAHARASHTRA HOUSING AND AREA DEVELOPMENT

AUTHORITY

PUNE HOUSING AND AREA DEVELOPMENT BOARD

======================================

Percentage Rate tender Contract for Works

======================================

General Rules and Directions for Guidance of Contractors

(1)All work proposed to be executed by contract shall be notified in a

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

the Executive Engineer and signed by the Executive Engineer.

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

of tenders, and time allowed for carrying out the work; also the amount

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

deposit to be deposited by successful tenderer and the percentage if any

to be deducted from bills. It will also state whether a refund of quarry

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

specifications, designs and drawings and estimated rates, schedule rates,

and any other documents required in connection with the work shall be

signed by the Executive Engineer for the purpose of Identification, shall

also be open for inspection by contractors at the office of the Executive

Engineer during office hours.

(2) In the event of the tender being prepared & submitted by a firm, it

must be digitally signed by authorized Digital Signature Certificate

holder

2 (A) (i) The contractor should pay along with the Tender

Rs, 1,00,00,000/- as and by way of earnest money. The contractor may

pay the said amount in form of FDR of Nationalized Bank/Scheduled

Bank for the like amount. The said amount of earnest money shall not

carry any interest.

(ii) In the event of his Tender being accepted, subject to provision of


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

form stating at what percentage above or below the rates specified in

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

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

the estimated rates shall be named Tender which propose any alteration

in the works specified in the said form of invitation to tender, or in the

time allowed for carrying out the work or which contain any other

conditions, will be liable to rejection. No printed form of tender shall

include a tender for more than one work, but if contractor wish to tender

for two or more works, they shall submit a separate tender for each

Tender shall have name and number of the work to which refer written

outside the envelope.

(5) Dy. Chief Engineer, Pune Board or his duly authorized assistant

shall open tenders online on above mentioned MHADA e-Tendering

sub-clause (iii) below, the said amount of earnest money shall be

appropriated towards the amount of security deposit payable by him

under conditions of General Conditions of Contract.

(iii) If, after submitting, the tender, the contractor withdraws his offer,

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

fails or neglects to furnish the balance of security deposit, without

prejudice to any other rights and powers of the Maharashtra Housing and

Area Development Authority hereunder or in law M. H. & A. D. A. shall

be entitled to forfeit the full amount of the earnest money deposited by

him.

iv) In the event of his Tender not being accepted, the amount of

earnest money deposited by the contractor shall, unless it is prior thereto

forfeited under the provisions of sub clause (iii) above, be refunded to

him on his producing receipt thereof.

3) Receipt for payments made on account of any work, when

executed by a firm, shall also be signed by all the partners except where

the contractors are described in their tender as firm, in which case receipt

shall be signed in the name of the firm by one of the partners or by some

other person having authority to give effectual receipts for the firm.


Portal. In the presence/absence of contractors who have submitted tender

online or their authorized representatives who may be present at the time

and he will get system generated Comparative statement of all bidders

under Opened Tender Section in the event of a tender being rejected, the

Executive Engineer, Pune Board shall authorize the Chief Accountant

Officer concerned to refund the amount of the earnest money deposited

to the contractor making the tender, on his giving a receipt for the

return of the money.

(6) The Officer competent to dispose of the tenders shall have the

right rejecting all or any of tenders without assigning any reason.

(7) No receipt of any payment alleged to have been made by a

contractor in regard to any matter relating to his tender or the contract

shall be valid and binding on Maharashtra Housing and Area

Development Authority unless it is signed by the Executive Engineer.

(8) The memorandum of work to be tendered for and the schedule

of material to be supplied, by the Maharashtra Housing and Area

Development Authority and their rates shall be filled in and completed

by the office of the Executive Engineer before the tender form is issued.

If a form issued to an intending tenderer has not been so filled in and

completed he shall requested the said office to have this done before he

completes and delivers his tender.

(9) All work shall be measured net by standard measure and

according the rules and customs of the Maharashtra Housing and Area

Development Authority without reference to any local custom.

(10) Under no circumstances shall any contractor be entitled to claim

enhanced rates for any items in this contract.

(11) Contractors / Developers contractors have to produce along with

his tender a solvency certificate from the Nationalized Bank/Scheduled

Bank of his financial stability. If he fails to produce such a certificate his

tender will not be considered.

(12) All corrections and additions or pasted slip should be initialed.


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

method in use in the Maharashtra Housing and Development Authority

and no proposals to adopt alternative methods will be accepted. The

Executive Engineer’s decision as to what is the usual method in use in

the Maharashtra Housing and Area Development Authority will be final.

(14) The tendering Contractor shall furnish a declaration along with

the tender showing all works for which he has already entered into

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

case on the date of submitting the tender in the form of statement 2a &

2b

(15) Every tenderer shall submit along with tender information

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

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

the assessment year and a valid Income Tax Return.

(16) In view of the difficult position regarding the availability of

foreign exchange, no foreign exchange would be released by the

Department for the purchase of Plant and machinery required for the

execution of work contracted for.

(17) The contractor will have to construct shed for storing controlled

and valuable materials issued to him under Schedule ‘A’ of Agreement,

at work site, having double locking arrangement. The materials will then

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

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

(18) The contractors shall also give a list of machinery in their possession and which they propose to use on the works in the form of stat. No. III.

(19) True copy of Income Tax Returns of last three years should be

attached to the tender.


CONDITIONS OF CONTRACT

Clause No. 1 :- The person/persons whose tender may be accepted

(hereinafter called the contractor which expression shall unless excluded by or repugnant to the context include heirs, executors, administrators and assignees) shall (A) within Ten days (Which may be extended by the Deputy Chief Engineer concerned up to fifteen days, if the Deputy Chief Engineer thinks it fit to do so), of the receipt by him of the notification of the acceptance of his tender deposit with the Executive Engineer in cash or Govt securities endorsed to the executive Engineer ( if deposited for more than 12 months) of sum sufficient which will make up the full security deposit specified in the tender or (B) permit M.H. & A.D.A. at the time of making any payment to him for work done under the contract to deduct sum as such will amount to *10 % percent of all money so payable such deductions to be held by M.H. & A.D.A. (by way of security deposit) Provided always that in the event of the contractor depositing the lump sum by way of security deposit as contemplated at (A) above then and in such case, if the sum so deposited shall not amount to * 2 % percent of the total estimated cost of the work, if shall be lawful for M.H. & A.D.A. at the time of making any payment to the contractor for work done under the contract to make up a full amount of 2 % percent by deducting a sufficient sum from every such payment as last aforesaid until the full amount of the security deposit is made up. All compensation or other sum of money payable by the contractor to M.H. & A.D.A. under the terms of his contract may be deducted from, or paid by the sale of a sufficient part of his security deposit or from the interest arising there from, or from any sums which may be due or may become due by M.H. & A.D.A. to the contractor under any other contact or transaction of any nature of any account whatsoever and in the event of his security deposit being reduced by reasons of any such deduction or sale as aforesaid, the contractor shall within 10 days hereafter, make good in cash or M.H. & A.D.A. securities endorsed as a aforesaid any sum or sums which may have been deducted from, or raised by sale of his security deposit or any part thereof. The security deposit referred to when paid in cash may, at the cost of the depositor be converted into interest bearing securities provided that the depositor has expressly desired this in writing.

If the amount of the security deposit to be in lump sum within the period specified at (A) above is not paid the tenderer / contractor already accepted shall be considered as cancelled and legal step taken against the contractor for recovery of the amounts. The security deposit lodged by a contractor shall be refunded after the expire of three months from the date on which the final bill is paid, or after the expire of the date up to which the contractors has agreed to maintain the work in good order whichever is later. The security deposit sum so lodged by the contractor shall be returned to him on the expiry of the period of guarantee mentioned in Clause 20 after deducting there from the amount of expenses, if any due to M.H. & A.D.A. under this agreement.

If the contractor desires in writing for refund of security deposit after completion of the work the same shall be refunded on expire of three months from the date of payment of final/bill after obtaining from him an indemnity bond as well as a bank guarantee of equal amount for the maintenance period 2 year from the date of completion of the work.

Clause No. 2 :- The time allowed for carrying out the work as entered in

contract shall be strictly observed by the Construction Agency and shall be

Security deposit PWD Resolution No. CAT/1087/CR-95/Bldg 2 Dtd 14/06/89


reckoned from the date. On which the Work order is given. The work shall, throughout the stipulated period of the contract, be proceeded with all due diligence. ( time being deemed to be the essence of the Contract on part of the Construction Agency) following the schedule given below.

Mile Stone Percentage of the

work to be completed (Financial Progress/up-to-date cost of work executed)

Period from date of issue of Work Order ( in Months )

1. 30% 25%

2. 55% 50%

3. 80% 75%

4. 100% 100%

In the event of Construction Agency failure, to comply with any of these

programs he/ they shall be liable to pay as compensation an amount equal to Rs.9,00,000/-per day provided always that the total amount of compensation to be paid under the provision of the clause shall not exceed 10% of estimated cost of the whole work as shown in tender.

Note : The quantity of work to be done within particular time would be as in a separate progress chart and Construction Agency shall follow same scrupulously.

The Compensation is recovered by the Employer from the Contractor for

delay and not as penalty. The Employer may, without prejudice to any other method of recovery,

deduct the amount of such compensation from any monies due, or to become due, to the Contractor. In the event of an extension of time being granted, the amount due shall be accounted at the time of final bill accordingly, and any over-payment refunded. The payment or deduction of such compensation shall be accounted at the time of final bill the Contractor from his obligations to complete the Works, or from any other of his duties, obligations or responsibilities under the Contract.

However if agency completed the work ahead of time, the incentive shall be accounted at the time of final bill as per the related clause.

Compensation for delay

Clause No. 3 :- In any case in which under any clause or clauses of this

contract the contractor shall have rendered himself liable to pay compensation for delay amounting to the whole of his security deposit (whether paid in one sum or deducted installments) or in the case of abandonment of the work owing to serious illness or Death of the contractor or any other cause the Executive Engineer on behalf of the M.H. & A.D.A. shall have power to adopt any of the following courses, as he may deem best suited to the interest of M.H. & A.D.A.

(a) to rescind the contract (for which rescission notice in writing to the contractor under the head of the Executive Engineer shall be conclusive evidence) and in that case the security Deposit of the contractor shall stand forfeited and be absolutely at the disposal of M.H. & A.D.A.

Action

when whole of security deposits is forfeited.


(b) To carry out the work or any part of the work departmentally debiting the contractor with the cost of the work, expenditure incurred on Tools and plant and 10% supervision charges on additional supervisory staff including the cost of work charged establishments 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 Executive Engineer as to the cost and other allied expenses so incurred and as to the value of the work so done departmentally shall be final and conclusive against the contractor.

c) To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to the contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if had been carried out by the contractor under terms of his contract. The certificate of the Executive Engineer as to all costs of the work and other expenses incurred as aforesaid for this 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 entitled to recover or be paid any sum for any work therefore actually performed by him under this contract unless and until the Executive 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 course referred to in clauses (b) or ( c ) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of the such work credited to the contractor, the amount of excess shall be deducted from any money due to the contractors by M.H.& A.D.A. under the contract and otherwise howsoever or from his security deposit or the sale proceeds thereof provided however that the contractor shall have no claim against MHADA even if the certified value of the work done departmentally or through a new contractor exceeds the certified cost of such work and have allied expenses; provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the Executive Engineer, the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials, or entered into any engagements, made any advances on account of or with a view to the execution of the work or the performance of the contract.

Clause No. 4 :- If the progress of any particular portion of the work is

unsatisfactory the Executive Engineer shall not with-standing that the general progress of work is in accordance with the conditions mentioned in clause 2 be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing. The contractor will have no claim for compensation for any loss sustained by him owing to such action.

Clause No. 5 :- In any case in which any of the powers conferred upon the

Executive Engineer by clauses 3(b) and 4 hereof shall have become exercisable and the same shall not have been exercised, the non-exercise thereof shall not

Action when the progress of any particular portion of the work is unsatisfactory. Contractor remains liable to pay compensation if


constitute a waiver of any of the conditions hereof and such powers shall not with-standing be exercisable in the event of any future case of default by the contractor for which under any clause or clauses hereof he is declared liable to pay compensation amounting to the whole of his security deposit and the liability of the contractor for past and future compensation shall remain unaffected. In the event of Executive Engineer taking action under sub-clause (a) or (c) of clause 3, he may, if he so desires, take possession of all or any tools, plant, materials and stores, in or upon the works or the site thereof or belonging to the contractor, or procured by him and intended to be used for the execution of the work or any part thereof, paying or allowing for the same in account at the contract rates, or in case of contract rates not being applicable at current market rates or in the case of contract rates not being applicable at current market rates, to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative the Executive Engineer may after giving notice in writing to the contractor or his clerk of the work, foreman or other authorized agent require him to remove such tools, plant materials, or stores from premises within a time to be specified in such notice, and in the event of the contractor failing to comply with any such requisition, the Executive Engineer may remove them at the contractor’s expense or sell them by auction or private sale on account of the contractor and at his risk at all respects, and the certificate of the Executive Engineer as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale shall be final and conclusive against the contractor.

Clause No. 6:- If the contractor shall desire an extension of the time for

completion of the work on the ground of his having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the Executive Engineer before the expiration of the period stipulated in the tender or before the expiration of 30 days from the date on which he was hindered as aforesaid or on which the clause for asking for extension occurred, whichever is earlier and the Executive Engineer, may if in his opinion there are reasonable grounds for granting an extension grant such extension as he thinks necessary or proper. The decision of the Executive Engineer in this matter shall be final.

Clause No. 6 (A):- In case of delay in handing over the land required for the work due to unforeseen cases the contractor shall not be entitled for any compensation whatsoever from MHADA on ground that the machinery or labor for certain period remain ideal. Contractor may however aaply for extension of time limit which may be granted on the merit of the cases.

action not taken under clause 3 and 4. Power to take possession of or require removal of or sell contractors plant. Extension of time

Clause No. 7:- On the completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (hereinafter called the Engineer in charge of such completion but no such certificate shall be given nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall have been executed all scaffolding, surplus materials and rubbish, and shall have cleaned off the dirt from all woodwork doors windows, walls, floor or other parts of any building in or upon which the work has been executed or of which he may have possession for the purpose of executing the work, nor until the works shall have been measured by the Engineer in charge or where the measurements have been taken by his subordinate until they have received the approval of the Engineer in charge, the said measurements being binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of his clauses as to the removal of scaffolding, surplus materials

Final certificate.


and rubbish and cleaning off dirt on or before the date fixed for the completion of the work the Engineer in charge may at the expense of the contractor, remove such scaffolding, surplus materials and rubbish and dispose of the same as he thinks fit and clean off such dirt as aforesaid and the contractor shall forthwith pay the amount of all expenses so incurred but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

Clause No. 8 :- No payment shall be made for any work estimated to cost less than rupees one thousand till after the whole of the work shall have been completed and a certificate of completion given. But in case of works estimated to cost more than one thousand, the contractor shall, on submitting a monthly bill thereof, be entitled to receive payment proportionate to the part of the work then approved and passed by the Engineer in charge whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. All such intermediate payments shall be regarded as payments by way of advance against the Final payments only and not as payments for work actually done and completed, and shall not preclude the Engineer in charge from requiring any bad, unsound, imperfect or unskillful work to be taken away and reconstructed and reverted nor shall any such payment be considered as an admission of the due performance of the contractor and part thereof in any respect of the accruing of any claim, nor shall it conclude determine, or affect in any other way the powers of the Engineer-in-charge as to the final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final bill shall be submitted by contractor within one month of the date fixed for the completion of the work, otherwise, the Engineer in charge’s certificate of the requirements and of total amount payable for the work shall be final and binding on all parties.

Clause No. 9 :- The rates for several items of works estimated to cost more

than Rs. 1,000-agreed to within shall be valid only when the items concerned, is accepted having been completed fully in accordance with the sanctioned specifications. In case where the item of work not accepted as so completed the Engineer-in-Charge may make payment on account of such items at such reduced rates as he may consider reasonable in the preparation of final or on account bills.

Clause No. 10 :- A bill shall be submitted by the contractor each month on

before the date fixed by the Engineer-in-charge for all work executed in the previous month and the Engineer-in-charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim, so far as it is admissible shall be adjusted, if possible, within ten days from the presentation of the bill. If the contractor does not submit the bill within the time fixed aforesaid, the Engineer-in-Charge may depute a subordinate to measure up the said work in presence of the contractor or his duly authorized agent whose countersignature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a bill from such list which shall be binding on the contractor in all respects.

Clause No. 11 :- The contractor shall submit all bills on the printed form to be had on application at the office of the Engineer-in-charge. The charges to be

Payment on inter-mediate certificates to be regarded as advances. Payment of reduced rates on account of items of work not accepted as completed to be at its discretion of the Engineer in charge. Bills to be submitted monthly. Bills to be on printed forms.


made on the bills shall always be entered at the rates specified in the tender or in the case of any extra work ordered pursuance of these conditions and not mentioned or provided for in the tender, at the rates hereinafter provided for such work.

Clause No. 12 :- --- DELETED---

Clause No. 13 :- The contractor shall execute the whole and every part of the work in the most substantial and workmanlike manner and both as regards materials and every other respect in strict contractor accordance with specifications. The contractor shall also confirm exactly, fully and faithfully to the designs drawings and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection at such office or on the site of the work during office hours. The contractor will be entitled to receive three sets of contract drawings as well as one certified copy of the accepted tender along with the work order free of cost. The cost for extra copy of accepted tender should be Rs.5000/- and the contract drawing sheet should be charged Rs. 1500/ per sheet for A0 size, Rs. 1200/ per sheet for A1 size,Rs. 900/ per sheet for A2 size and Rs. 600/ per sheet for A3 and Soft copy of all Contract drawings should be supplied free of cost once.

Clause No. 14 :- The Engineer-in-charge shall have power to make any

alterations, in or additions to the original specifications drawings designs and instructions that may appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given to him in writing signed by the Engineer-in-charge and such alteration shall not invalidate the contract and any additional work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same condition in all respects on which he agreed to do the main work & at the same rates are specified in the tender for the main work. And if the additional and altered work includes any class of work for which no rate is specified in this contract, then such class of work shall be carried out at the rates entered in the Schedule of rates of P.W.D. of State Government in operation where work is in progress or at the rates mutually agreed upon between the Engineer-in-charge and the contractor whichever are lower. If the additional or altered work for which no rate is entered in the Schedule of rates of the Division is ordered to be carried out before the rates are agreed upon then the contractor shall, within seven days of the date of receipt by him of the order to carry out the work Inform the Engineer-in-charge of the rate which it is his intention to charge for such class of work, and if the Engineer-in-charge does not agree to this rate he shall by notice in writing be at liberty to cancel his order to carry out such class of work & arrange to carry it out in such manner as he may consider advisable, provided always that if the contractor shall commence work or incur any expenditure in regard thereof before rates shall have been determined as lastly herein-before mentioned, then in such case he shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of the determination of the rate as aforesaid according to such rate or rates as shall be fixed by the Engineer-in-charge. In the event of a dispute, the decision of the Dy. Chief

Work to be executed in accordance with specifications drawings orders etc. Alterations in specifications & design not to invalidate contracts


Engineer of the Pune Board will be final. Where, however the work is to be executed according to the designs,

drawings and specifications recommended by the contractor and accepted by the competent authority and alterations above referred to shall be within the scope of such designs, drawings and specifications appended to the tender.

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

proportion that the increase in its cost occasioned by alterations or additions bears to the cost of the original contract work, and the certificate of the Engineer-in-charge as to such proportion shall be conclusive.

Extension of time limit in consequence of additions or alterations.

Clause No. 15 :- 1) If at any time after the execution of the contract documents, the Engineer-in-charge shall for any reasons what-so-ever (other than default on the part of contractor for which the M.H. & A.D.A. 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 or stop the work wholly or in part as required after having due regard to the appropriate stage at which the work should be stopped or suspended so as not to cause any damage or injury to the work already done or endanger the safety thereof provided that the decision of the Engineer-in-charge 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 suspension, stoppage or curtailment except to the extent specified hereinafter.

2) Where the total suspension of work ordered as aforesaid continued for a continuous period exceeding 90 days the contractor shall be at liberty to withdraw from the contractual obligations under the contract so far as it pertains to the unexecuted part of the work by giving a 10 days prior notice in writing to the Engineer-in-charge within 30 days of the expire of the said period of 90 days,of such intention and requiring the Engineer-in-charge to record the final measurements of the work already done and to pay the final bill. Upon giving such notice the contractor shall be deemed to have been discharged from his obligation to complete the remaining unexecuted work under this contract. On receipt of such receipt the Engineer-in-charge shall proceed to complete the measurement and make such payment as may be finally due to the contractor within a period of 90 days from the receipt of such notice in respect of the work already done by the contractor. Such payment shall not in any manner prejudice the right of the contractor to any further compensation under the remaining provision of this clause.

3) Where the Engineer-in-charge require the contractor to suspend the work for a period of in excess of 30 days at any time or 60 days in aggregate, the contractor shall be entitled to apply the Engineer-in-charge within 30 days of resumption of work after such suspension for payment of compensation to the extent of pecuniary loss suffered by him in respect of working machinery remained idle on the site or on the account of his having had to pay a salary or the 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

* No claim to any payment or compensation for alteration nor restriction of work.


of any such working machinery, salary or wages for the first 30 days whether consecutive or in the aggregate of such suspension or in respect of any suspension whatsoever occasioned by unsatisfactory work or any other default on this 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 the Engineer-in-charge under

sub-clause (1) in that behalf, ii) Withdrawal by the contractor from the contractual obligations to

complete the remaining unexecuted work under sub-clause (2) on account of continued suspension of work for a period exceeding 90 days.

iii) Curtailment in the quantity of item or items originally tendered on the account of any alteration, omission or substitutions in the specifications, drawings, designs or instructions under clause 14 (1) where such curtailments exceeds 25 % in quantity and the value of quantity curtailed beyond 25 % of the rates of the item specified in the tender is more than Rs. 5000/-

It shall be open to the contractor within 90 days from the service of (i) the notice of stoppage of work or (ii) the notice of withdrawal from the contractual obligations under the contract on account of the continued suspension of work or (iii) notice under clause 14(1) resulting in such curtailment, to produce the Engineer-in-charge 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 the M.H. & A.D.A. to take over on payment such material at the rates determined by the Engineer-in-charge, provided however such rates shall in no case exceed the rates at which the same was acquired by the contractor

Clause No. 15-A :- ---------- DELETED --------------- Clause No. 15B :- Under no circumstances, whatever shall the contractor be

entitled to any compensation from M.H. & A.D.A. on any account unless the contractor shall have submitted a claim in writing to the Engineer-in-charge within one month of the cause of the such claim occurring.

ACCOMPANIMENT TO THE GOVERNMENT RESOLUTION, PUBLIC WORKS DEPARTMENT NO.CAT / 06 / 04 / 148, Dated

16/05/2005 Clause No. 16 :- PRICE VARIATION CLAUSE :- If during the Operative period of the contract as defined in condition (i) below, there shall be any variation in the Consumer Price Index (New Series) for Industrial Workers for Pune centre as per the labour Gazette published by the Commissioner of Labour, Government of Maharashtra and / or in the wholesale Price Index for all commodities prepared by the Office of Economic Advisor, Ministry of Industry, Government of India, or in the price of Petrol / Oil and Lubricants, and major construction materials like bitumen, cement, steel various types of metal pipes etc. then subject to the other conditions mentioned below, price adjustment on account of

1) Labour component, 2) Material component, 3) Petrol, Oil and Lubricant component

Price Variation Clause


4) Bitumen component 5) HYSD / TMT and mild steel component, 6) Cement component, 7) CI and DI pipes component. calculated as per the formula hereinafter appearing, shall be made.

Apart from this, no other adjustments shall be made to the contract price for any reasons whatsoever. Component percentage as given below are as of the total cost of work put to tender. Total of Labour Material and POL components shall be 100 and other components shall be as per actuals.

1) Labour Component – K1 ( 14.01 % ) 2) Material Component – K2 ( 83.47 % ) 3) POL Component – K3 ( 2.52 % ) 4) Bitumen component - Nil 5) HYSD / TMT & Mild Steel Component - 21.15 % 6) Cement Component - 9.96 % 7) C.I. & D.I. Pipe Component - Nil Note :- If Cement, Steel, Bitumen, C.I. & D.I. Pipes are supplied Schedule ‘A’, then respective components shall not be considered. Also if particular component is not relevant same shall be deleted. 1) Formula for the labour component :-

V1= 0.85 P X

001

1001

L

LLx

K

Where V1 = Amount of Price Variation in Rupees to be allowed for Labour

Component. P = Cost of work done during the quarter under consideration minus the cost of cement, HYSD / TMT and Mild Steel, Bitumen, C.I. & D.I. Pipes calculated at the basic star rates as applicable for the tender consumed during the quarter under consideration

(These star rates shall be specified here). Basic star rate, cement Rs 305.00 per bag i.e. Rs 6100/- per M.T., Mild steel Rs………/- per M.T., TMT steel FE 500 Rs.46000/- per M.T.

K1 = Percentage of Labour Component as indicated above. L0 = Basic Consumer Price Index for Pune centre shall be average

consumer price index for the quarter preceding the month in which the last date prescribed for receipt of tender falls.

L1=Average consumer price index for Pune centre for the quarter under consideration.

2) Formula for Materials component :

V2= 0.85 P X

001

1002

M

MMx

K

Where V2 = Amount of Price Variation in Rupees to be allowed for Materials

Component. P = Same as worked out for labour component. K2 = Percentage of Material Component as indicated above. M0 = Basic Wholesale Price Index shall be average wholesale price index

for the quarter preceding the month in which to the last date prescribed for


receipt of tender falls. M1 = Average Wholesale Price Index during quarter under consideration.

3) Formula for Petrol, Oil and Lubricant component :

V3= 0.85 P X

001

1003

P

PPx

K

Where V3 = Amount of Price Variation in Rupees to be allowed for POL component. P = Same as worked out for labour component. K3 = Percentage of Petrol, oil and lubricant component. P0 = Average Price of HSD at Mumbai during the quarter preceding the month in which the last date prescribed for receipt of tender falls. P1 = Average Price of H.S.D. at Mumbai during the quarter under consideration. 4) Formula for Bitumen component : V4 = QB (B1-B0) V4 = Amount of price variation in Rupees to be allowed for Bitumen component. QB = Quantity of Bitumen (Grade) in metric tonnes used in the permanent works and approved enabling works during the quarter under consideration. B1 = Current average ex-refinery price per metric tonne of Bitumen (Grade) under consideration including taxes (Octroi, excise, sales tax) during the quarter under consideration. B0 = Basic rate of Bitumen in rupees per metric tonne as considered for working out value of P or average ex-refinery price in rupees per metric tonne including taxes (Octroi, excise, sales tax) of Bitumen for the grade of Bitumen under consideration prevailing quarter preceding the month in which the last date prescribed for receipt of tender, falls, whichever is higher. 5) Formula for HYSD and Steel Component:

V5= S0 xTSL

SLSL

001

Where, V 5 = Amount of price variation in Rupees to be allowed for HYSD / TMT / Mild Steel Component. So = Basic rate of HYSD /TMT/ Mild Steel in Rupees per metric tonne as considered for working out value of P SL1 = Average steel index as per RBI Bulletin during the quarter under consideration. SLo = Average of steel index as per RBI Bulletin for the quarter preceding the month in which the last date prescribed for receipt of tender falls. T = Tonnage of Steel used in the permanent woks for the quarter under consideration. 6) Formula for Cement Component :

V6 = C0 xTCL

CLCL

001


Where, V6 = Amount of price escalation in Rupees to be allowed for cement component. Co = Basic rate of cement in Rupees per metric tonne as considered for working out value of P. CL1 = Average cement index published in the RBP Bulletin for the quarter under consideration. CLo = Average of cement index published in the RBP Bulletin for the quarter preceding the month in which to the last date prescribed for receipt of tender falls. T = Tonnage of Cement used in the permanent woks for the quarter under consideration. 8) Formula for C.I. / D.I. Pipe Component :

V7 = Qd (D1-Do) Where, V7 = Amount of price escalation in Rupees to be allowed for C.I. / D.I. Pipe components. Do = Pig Iron Basic price in Rupees per tonne as considered for working out value of P. D1 = Average Pig Iron price in Rupees per tonne during the quarter under consideration. (Published by I ISCO). Qd = Tonnage of C.I. / D.I. Pipe used in the woks during the quarter under consideration. The following conditions shall prevail :

(ii) The Operative period of the contract shall mean the period commencing from the date of work order issued to the contractor and ending on the date which the time allowed for the completion of works specified in the contract work expires, taking into consideration the extension of time if any, for completion of the work granted by the Engineer under the relevant clause of the conditions of contract in cases other than those where such extension is necessitated on account of default of the Contractor. The decision of the Engineer as regards the Operative period of the contract shall be final and binding on the contractor. Where any compensation for liquidated damages is levied on the contractor on account of delay in completion or inadequate progress under the relevant contract provisions, the price adjustment amount for the balance of work from the date of levy of such compensation shall be worked out by pegging the indices L1, M1, C1, P1, B1, SI1 and CI1 to the levels corresponding to the date from which such compensation is levied.

(iii) This price variation clause shall be applicable to all contracts in B-1 / B-2 and C form but shall not apply to piece works. The price variation shall be determine during each quarter as per formula given above in this clause.

(iv) The price variation under this clause shall not be payable for the extra items required to be executed during the completion of the work and also on the excess quantities of items payable under the provisions of clause 38/37 of the contract form B1/B2 respectively, since the rates payable for extra items or the extra quantities under clause 38/37 are to be fixed as per the current DSR or as mutually agreed, to yearly revision till completion of such work. In other words, when the completion/ execution of extra items as well as extra quantities under clause 38/37 of the contract form B1/B2 extends beyond the operative date of the DSR, then rates payable for the same beyond the date shall be revised with reference to the current DSR prevalent at that time on year


Clause No. 17 :- If at any time before the security deposit is refunded to the

contractor it shall appear to the Engineer-in-charge or his subordinate in charge of work that any work has been executed with unsound, imperfect or unskillful workmanship or with materials of inferior quality, or that any materials or articles provided by him for the execution of the work are unsound, or of a quality inferior to that contracted for, or are otherwise not in accordance with the contract it shall be lawful for the Engineer-in-charge to intimate this fact in writing to the contractor and then not - withstanding the fact that the work, materials or articles complained of may have been inadvertently passed certified and paid for the contractor shall be bound forthwith to rectify or remove and reconstruct the work, so specified in whole or part, as the case may require or if so require shall remove the materials or articles so specified and provide other proper and suitable materials or articles at this own charge and cost, and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in the written intimation aforesaid the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate of every day not exceeding ten days during which the failure so continues & in the case of any such failure the Engineer-in-charge may rectify or remove and re-execute the work or remove and replace the materials or articles complained of as the case may be at the risk and expense in all respects of the contractor. Should the Engineer-in-charge consider that any such inferior work or materials as described above may be accepted or made use of it shall be within his discretion to accept the same at such reduced rates as he may fix therefore.

Clause No. 17 A :- - - - - DELETED - - - - Clause No. 18 :- All the works under or in course of execution or executed

in pursuance of the contract shall at all times be open to the inspection and supervision of the Engineer-in-charge and his subordinates, and the contractor shall at all times during the usual working hours, and at all other times at which reasonable notice of intention of the Engineer-in-charge or his subordinates to visit the works shall have been given to the contractor either himself be present to receive orders and instructions, or have responsible agent duly accredited in writing present for that purpose. Order given to the contractor’s duly authorised

* Action and compensation payable in case of bad work. * Works to open to inspection. Contractor or responsible agent to be present.

to year basis or revised in accordance with mutual agreement thereon, as provided for in the contract whichever is less.

(v) This clause is operative both ways, i.e. if the price variation as calculated above is on the plus side, payment on account of the price variation shall be allowed to the Contractor and if it is on the negative side, the Government shall be entitled to recover the same from the contractor and the amount shall be deductible from any amounts due and payable under the contract.

(vi) To the extent that full compensation for any rise or fall in costs to the contractor is not entirely covered by the provision of this or other clauses in the contract, the unit rate and prices included in the contract shall be deemed to include amount to cover the contingency of such other actual rise or fall in costs.


agent shall be considered to have the same force and effect it they had been given to the contractor himself.

Clause No. 19 :- The contractor shall give not less than five days notice in

writing to the Engineer-in-charge or his subordinates in charge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that same may be measured, and correct dimensions thereof taken before the same is so covered up or placed beyond the reach of measurement and shall not cover up or place beyond the reach of measurement any work without the consent in writing of the Engineer-in-charge or his subordinate-in-charge of the work and it any work shall be covered up or placed beyond the reach of measurement without such notice having been given or consent obtained, the same shall be uncovered at the contractors expense and in default hereof no payment or allowance shall be made for such work or for the materials with which the same was expected.

Clause No. 20 :- If during the period of 24 Months (Twenty Four Months) from the date of completion as certified by the Engineer-in-charge pursuant to clause 7 of the contract in the opinion of the Executive Engineer the said work is defective in any manner whatsoever the Contractor shall forthwith on receipt of notice in that behalf from the Executive Engineer, duly commence execution and completely carry out at his cost in every respect all the work that may be necessary for the rectifying and setting right the defects specified therein strictly in accordance with and in the manner prescribed and under the supervision of Executive Engineer. In the event of the contractor failing or neglecting to commence execution of the said rectification work within the period prescribed therefore in the said notice and/or to complete the same as aforesaid as required by the said notice, the Executive Engineer may get the same executed and carried out departmentally or by any other agency at the risk on account and at the cost of the contractor. The contractor shall forthwith on the demand pay to the M.H. & A.D.A. the amount of such costs, charges and expenses sustained or incurred by M.H. & A.D.A. of which the certificate of the Executive Engineer shall be final and binding on the contractor. Such costs, charges and expenses shall be deemed to be arrears of land revenues and in the event of the contractor failing or neglecting to pay same on demand as aforesaid, without prejudice to any other rights and remedies of the M.H.&.A.D.A., the same may be recovered from the contractor as arrears of land revenue. The M.H.&.A.D.A. shall also be entitled the to deduct the same from any amount which then may be payable or which may thereafter become payable by M.H.&.A.D.A. to the contractor either in respect of the said work or any other work whatsoever, or from the amount of the Security Deposit retained by M.H. & A.D.A. The defect liabilities period in particular for water proofing treatment shall be 10 years.

* Notice to be given before work is covered up. * Contractor liable for damage done, and for imperfections for 24 (twenty four) months after certificate. PWD Resolution No. CAT-1087/CR-94/Bldg. 2 dt. 14.6.89.

Clause No. 21 :- The contractor shall supply at his own cost all materials

(except such special materials, if any as may in accordance with contract be supplied from the M.H.&.A.D.A. stores), plant, tools, appliances, implements, ladders, cordage, tackle scaffolding and temporary works requisite or proper for the proper execution of the work, whether, in the original, altered or substituted form and whether included in the specifications or other documents forming part of the contract or referred to in these conditions or not and which

* Contractor to supply plant, ladders scaffoldings And it is liable for


may be necessary for the purpose of satisfying or complying with the requirements of the Engineer-in-charge as to any matter as to which under these conditions he is entitled to be satisfied or which he is entitled to require together with carriage therefore to and from the work. The contractor shall also supply without charge the requisite no of persons with the means and materials necessary for the purpose of the setting out works, and counting, weighing and assisting in the measurements or examinations at any time and from time to time of the work or the materials, failing which the same may be provided by the Engineer-in-charge at the expenses of the contractor and the expenses may be deducted from any money due to the contractor under the contract or from his security deposit or the proceeds of sale thereof , or of a sufficient portion thereof . The contractor shall provide all necessary fencing and lights required to protect the public from accident, and shall also be bound to bear the expenses of defense of every suit action or other legal proceedings that may be brought in by any person for injury sustained owing to neglect of the above precautions and to pay any damages and costs which may be awarded in any such suit , action or proceedings to any such person, or which may with the consent of the contractor be paid for compromising any claim by any such person.

Clause No. 21 A :- The contractor shall provide suitable scaffolds and working platforms gangways and stairways and shall comply with the following regulations in connection therewith: a) Suitable scaffolds shall be provided for workmen for all works that cannot

be safely done from a ladder or by other means. b) A scaffold shall not be constructed, taken down or substantially altered except

i) under the supervision of a competent and responsible person and ii) as far possible by competent workers possessing adequate experience in

this kind of work. c) All scaffolds and appliances connected therewith and all ladders shall

i) be of sound materials. ii) be of adequate strength having regard to the loads and strains to which

they will be subjected, and iii) be maintained in proper condition.

damages arising from non provision of lights, fencing, etc.

d) Scaffolds shall be so constructed that no part thereof can be displaced in consequence of normal use.

e) Scaffolds shall not be overloaded and so far as practicable the load shall be evenly distributed.

f) Before installing lifting gear on scaffolds special precautions shall be taken to ensure the strength and stability of the scaffolds.

g) Scaffolds shall be periodically inspected by a competent person. h) Before allowing a scaffold to be used by his workmen the contractor shall

whether the scaffold has been erected by his workmen or not, take steps to ensure that it complies fully the regulations herein specified.

i) Working platforms, gangways and stairways shall: i) be so constructed that no part thereof can sag unduly or unequally. ii) be so constructed and maintained, having regard to the prevailing

conditions so as to reduce as far as practicable risks of persons tripping or slipping and

iii) be kept free from any unnecessary obstruction. j) In case of working platform, gangways, working places and stairways at a

height exceeding 10’0’’. i) every working platforms and every gangway shall be closely boarded

* And is liable for damages arising from non-provision of lights, fending etc.


unless other adequate measures are taken to ensure safety. ii) every working platform and gangway shall have adequate width and iii) every working platform gangway working place and stairway shall be

suitably fenced. k) Every opening in the floor of a building or in a working platform shall

except for the tome and to the extent required to allow the excess of person or the transport or shifting of material, be provided with suitable means to prevent the fall of persons or materials.

l) When persons are employed on a roof where there is a danger of falling from a height exceeding 10’0’’ suitable precautions shall be taken to prevent the fall of persons or material.

m) Suitable precautions shall be taken to prevent persons being stuck by articles which might fall from scaffolds or other working places.

n) Safe means of access shall be provided to all working platforms and other working places.

o) The contractor/contractors will have to make payment to the laborers as per Minimum Wages Act.

Clause No. 21B :- The contractor shall comply with the following

regulations as regards the Hoisting Appliances to be used by him :- a) Hoisting machines and tackle, including their attachments, anchorage’s and

supports shall; i) be good mechanical construction sound material and adequate strength

and free from patent defect, and ii) be kept in good repairs and in good working orders.

b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of suitable quality and adequate strength and free from patent defect.

c) Hoisting machines and tackle shall be examined and adequately tested after erection on the site and before use and be re-examined in position at intervals to be prescribed by the M.H. & A.D.A

d) Every chain, ring, hook, shackles, swivel and pulley block used in hoisting or lowering materials or as a means of suspension shall be periodically examined.

e) Every crane driver or hoisting appliances operator shall be properly qualified.

f) No person who is below the age of eighteen (18) years shall be in control of any hoisting machine, including any scaffold which or give signals to the operator.

g) In the case of every hoisting machine and of every chain, ring hook shackle swivel and pulley block used in hoisting, lowering or as a means of suspension the safe working load shall be ascertained by adequate means.

h) Every hoisting machine and all gear referred to in the preceding regulation shall be plainly marked with the Safe working load.

i) In the case of hoisting machine having a variable safe working load each safe working load and the conditions under which it is applicable shall be clearly indicated.

j) No part of any hoisting machine or of any gear referred to in regulation 7 above shall be loaded beyond the safe working load except for the purpose of testing.

k) Motors, gearing, transmissions, electric wiring and other dangerous parts of hoisting appliance shall be provided with efficient safeguards.

l) Hoisting appliances shall be provided with such means as will reduce to a


minimum the risk of the accidental descent of the load. m) Adequate precautions shall be taken to reduce to a minimize the risk of any

part of a suspended load becoming accidentally displaced. Clause No. 22 :- The contractor shall not set fire to any standing jungle trees brushwood or grass without a written permission from the Executive Engineer.

When such permit is given, and also in all cases when destroying cut or dug up trees brushwood grass etc. by fire, the contractor shall take necessary measure to prevent fire spreading to or otherwise damaging surrounding property.

The contractor shall make his own arrangements for drinking water for the labor employed by him.

Clause No. 23 :- Compensation for all damage done intentionally or

unintentionally by the contractor’s labour whether in or beyond the limits of M.H. & A.D.A. property including any damage caused by the spreading of fire mentioned in clause 22 shall be estimated by the Engineer-in-charge or such other officer as he may appoint and the estimate of the Engineer-in-charge subject to the decision of the Deputy Chief Engineer on appeal shall be final and the contractor shall be bound to pay the amount of the assessed compensation on demand failing which the same will be recovered from the contractor as damage in the manner prescribed in clause 1 or deducted by the Engineer-in-charge from any sums that may be due or become due by M.H. & A.D.A. to the contractor under this contract or otherwise.

The contractor shall bear the expenses of defending any action or other legal proceeding that may be brought by any person for injury sustained by him owing to neglect of precautions to prevent the spread of fire and he shall pay any damages and cost that may be awarded by the Court in consequences.

Clause No. 24 :- The employment of female labors on works in the neighbor hood of soldiers barracks should be avoided as far as possible.

Clause No. 25 : - No work shall be done on a Sunday without the sanction in writing of the Engineer-in-charge.

Clause No. 26 :- The contract shall not be assigned or sublet without the written approval of the Engineer-in-charge. And if the contractor shall assign or sublet his contract or attempt to do so or become insolvent or commence any proceedings to get himself adjudicated and insolvent or make any composition with his creditors, or attempt to do so or if any bribe gratuity, gift, loan perquisite, reward of advantage pecuniary or otherwise shall either directly or indirectly be given promised or offered by the contractor or any of his servants or agents to any public officer or the person in the employ of M.H. & A.D.A. in any way relating to his office or employment or if any such officer or person shall in any way directly or indirectly interested in the contract, the Engineer-in-charge may there upon by notice in writing rescind the contract, and the Security Deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of M.H. & A.D.A. and the consequences shall ensure as if the contract had been rescinded under clause 3 hereof and in addition the contractor shall not be entitled to recover or be paid for any work therefore actually performed under the contract.

Clause No. 27 :- All sums payable by a contractor by way of compensation under any these conditions shall be considered as reasonable compensation to be applied to the use of M.H. & A.D.A. without reference to the actual loss or

* Measure for prevention of fire. * Liability of contractor for any damage done in or outside work area. Employment of female labour. * Work on Sundays. * Work not be sublet. * Contract may be rescinded and security deposit forfeited for submitting it without approval or for bribing a public officer or if contractor becomes insolvent. * Sum payable by way of compensation


damage sustained, and whether any damage has not been sustained. Clause No. 28 :- In the case of tender by partners any change in the

constitution of a firm shall be forthwith notified by the contractor to the Engineer-in-charge for his information.

to be considered as a reasonable compensation without reference to actual loss. * Changes In the constitution of firm to be notified.

Clause No. 29 :- All works to be executed under the contract shall be

executed under the direction and subject to the approval in all respects of the Deputy Chief Engineer of the Circle for the time being, who shall be entitled to direct at what point or point and in what manner they are to be commenced, and from time to time carried on.

Clause No. 30 :-

(1) Except otherwise specified in the contract and subject to the powers delegated to him by MHADA under the delegations of powers, the decision of the Deputy Chief Engineer of the Regional Board, for the time being shall be final, conclusive and binding on all parties to the contract upon all questions relating to the meaning of specifications, designs, drawings and instructions here in before mentioned and as to the quality or workmanship or materials used on the work, or as to any other questions, claim, right matter, or think whatsoever, if any way arising out of, or relating to the contract, designs, drawings, specifications, estimates, instructions, orders, or these conditions, or otherwise concerning the works, or failure to execute the same, whether arising during progress of work, or after the completion or abandonment thereof.

(2) The contractor may within 30 days of receipt by him of any order passed by the Deputy Chief Engineer of Regional Board as aforesaid appeal against it to the Chief Engineer concerned with the contract, work or project provided that (a) The accepted value of the contract exceeds Rs. 10.00 Lakhs

(Rupees Ten Lakhs) (b) Amount of claim is not less than Rs. 1.00 Lakh ( Rupees One lakh)

(3) If the contractor is not satisfied with the order passed by Chief Engineer as aforesaid, the contractor may, within 30 days of receipt by him of any such order, appeal against it to the Vice President and Chief Executive Officer, MHADA, Mumbai who if convinced that prima-facie the contractors claim rejected by Deputy Chief Engineer/ Chief Engineer is not frivolous and that there is some substance on the claim of the contractor as would merit a detailed examination and decision by the Vice President shall put up to the authority for suitable decision as far as possible within 30 days and same shall be final and binding. However if the dispute is taken to the court of Law, the jurisdiction of Pune District Board at Pune only will be valid.

Clause No. 31 :- ---------- DELETED ---------------

* Works to be under direction of Deputy Chief Engineer. * Decision of MHADA to be final.


Clause N0. 32 : - When the estimate on which a tender is made includes lump sums in respect of parts of the work the contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates as are payable under. This contract for each item, or if the part of the work in question is not in the opinion of the Engineer-in-charge capable of measurements, the Engineer-in-charge may at his discretion pay the lump sum amount entered in the estimate, and the certificate in writing of the Engineer-in-charge shall be final and conclusive against the contractor with regard to any sum or sums payable to him under the provisions of this clause.

Clause No. 33:- In the case of any class of work for which there is no such

specification as is mentioned in Rule such work shall be carried out in accordance with the specification and in the event of there being no Divisional specification then in such case the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-in-charge.

Clause No. 34 :- “The expression Works” or “Work” where used in these

conditions shall, unless there be something on the subject or context repugnant to such construction, be construct to mean the work or works contracted to be executed under or in virtue of the contract whether temporary or permanent and whether temporary or permanent and whether original, altered, substituted or additional.

Clause No. 35 :- The percentage referred to the tender shall be deducted

from /added to the gross amount of the bill before deducting the value of any stock issued.

Clause No. 36 :- All qualities, royalties, octroi dues and ground rent for

stacking materials, if any shall be paid by the contractor. Clause No. 37 :- The contractor shall be responsible for and shall pay any

compensation to his workmen payable under the workmen’s compensation act, 1923 (VLL of 1923), ( hereinafter called the said act) for injuries caused to the workmen. If such compensation is payable/ paid by M.H.&A.D.A. as principal under sub-section (1)of Section 12 of the said Act on behalf of the contractor, it shall be recoverable by M.H. & A.D.A. from the contractor under Sub-section (2) of the said Section. Such compensation shall be recovered in the manner laid down in clause 1 above.

Clause No. 37 A :- The contractor shall be responsible for and shall pay the

expenses of providing medical aid to any workman who may suffer a bodily injury as a result of an accident. If such expenses are incurred by M.H. & A.D.A. the same shall be recoverable from the contractor forthwith and be deducted without prejudice to and other remedy of Government from any amount due or that may become due to the contractor.

Clause No. 37 B :- The contractor shall provide all necessary personal

safety equipment and first aid apparatus available for the use of the persons

* Lump sums in estimates. * Action where no specification. * Definition of work. * Contractor’s percentage whether applied to net or gross amounts of bill. * Quarry fees and royalties as per P.W.Dept. No. MISC-02/05/(291) Bldg-2 dt. 11/9/03 * Compensation under the workmen’s Compensation Act.


employed on the site, shall maintain the same in condition suitable for immediate use at any time and shall comply with the following regulations in connection therewith.

(a) The workers shall be required to use the equipment so provided by the contractor and the contractor shall take adequate steps to ensure proper use of the equipment by those concerned.

(b) When the work is carried on in proximity to any place where there is a risk of drowning all necessary equipment shall be provided and kept ready for use and all necessary steps be taken for the prompt rescue of any persons in danger.

(c) Adequate provision shall be made for prompt first-aid treatment of all injuries likely to be sustained during the course of the work.

Clause 37 (C) :- The Contractor shall duly comply with the provisions of " the Apprentices Act, 1961" (III of 1961) , the rules made thereunder and the orders that may be issued from time to time under the said Act and the said Rules and on his failure or neglect to do so , he shall be subjected to all the liabilities and penalties provided by the said Act and said Rules.

Clause No. 38 :- (1) Quantities shown in the tender 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.

(2) Quantities in respect of the several items shown in the tender are approximate and no revision in the tendered rate shall be permitted in respect of any of the item below plinth which may vary to any extent due to local conditions. For super structure items, same shall generally be limited to 25% excess over the tendered quantity and so long as the excess quantity beyond this limit at rate of the item specified in the tender, is not more than Rs. 5,000/-

(3)The contractor shall, if ordered in writing by the Engineer-in-charge so to

do, carry out any quantities in excess of the limit mentioned in sub-clause (1)hereof on the same conditions as and in accordance with the specifications in the tender and at the rates (i) derived from the rates entered in the current schedule of rates and in the absence of such rates (ii)at the rate prevailing in the market which may be increased or decreased as the case may be by the percentage which the total tendered amount bears to the estimated cost of the total work as put to tender based upon the schedule or rates applicable to the year in which the tender were invited. For the purpose of operation of this clause, this cost shall be taken to be Rs.455,83,70,484/- (In words Rupees Four Hundred and Fifty Five Crore Eighty Three Lakhs Seventy Thousand and Four Hundred and Eighty Four Only)

(4) Claims arising out of reduction in the tenders quantity of any items beyond 25 % will be governed by the provision of Clause 15 only when the amount of such reduction beyond 25% per cent at the rate of the item specified in the tender is more than Rs. 5,000/- (This clause is not applicable for extra items)

(5) There is no change in the rate if the excess is less than or equal to 25%. Also there is no change in the Rate if quantity of work done is more than 25% of the tendered quantity, but the value of the excess work at the Tendered rate does not exeeds Rs.5,000/- (6) The quantities to be paid at the tendered rates shall include : a) Tendered quantity plus

* Claim for quantities entered in the tender or estimate.


b) 25% excess of tendered quantity or the excess quantity of the value of Rs. 5,000/- at tendered rate whichever is more.

Clause No. 39 :- The contractor shall employ any famine, convict or other

labor of a particular kind class or if ordered in writing to do so by the Engineer-in-charge.

* Employment of famine labor etc.

Clause No. 40 :- No compensation shall be allowed for any delay caused in

the starting of the work on account of acquisition of land or in the case of clearance works, on account of any delay in according sanction to estimates.

Clause No. 41 :- No compensation shall be allowed for any delay in the

execution of the work on account of water standing in borrow pits compartments. The rates are inclusive for hard or cracked soil, excavation in mud, sub soil water or water standing in borrows pits and no claim for an extra rate shall be entertained, unless otherwise expressly specified.

Clause No. 42 :- The contractor shall not enter upon or commence any

portion of work except with written authority and instructions of Engineer-in-charge or of subordinate-in-charge or the work. Failing such authority the contractor shall have no claim to ask. For measurements of or payment for work.

Clause No. 43 :- (i) No Contractor shall employ any person who is under the age of 18

years. (ii) No contractor shall employ donkeys or other animals with breaching of

string or thin rope. The breaching must be at least three inches wide and should be tape (Newer).

(iii) No animal suffering from sore, lameness emaciation or which in immature shall be employed on the work.

(iv) The Engineer-in-charge or Agent is authorized to remove from the work any person or animal found working which does not satisfy these conditions and no responsibility shall be accepted by M.H. & A.D.A. for any delay caused in the completion of the work by such removal.

(v) The contractor shall pay fair and reasonable wages to the workmen employed by him in the contract undertaken by 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 with details to the Executive Engineer who shall decide the same. The decision of the Executive Engineer shall be conclusive and binding on the contractor but such decision shall not in any way affect the condition in the contract regarding the payment to be made by M.H. & A.D.A. at the sanctioned tender rates.

(vi) Contractor shall provide drinking water facilities to the workers. Similar amenities shall be provided to the workers engaged on large works in urban areas.

(vii) Contractor to take precaution against accidents which takes place on account of labor using loose garments while working near machinery.

Clause No. 44 :- Payment to contractors shall be made by RTGS in the

Bank convenient to them.

* Claim for compensation for delay in the starting of work. * Claim for compensation for delay in the execution or work. * Entering upon or commencing any portion or work. * Minimum age of persons employed the employment of donkeys and for other animals and the payment of fair wages. Method of payment.


Clause No. 45:- ---------- DELETED --------------- Clause No. 46: - If the government declares a state of scarcity of famine to

exist in any village situated within 10 miles of the work, the contractor shall employ upon such parts of the work, as are suitable for unskilled labor, any person certified to him by the Executive Engineer or by any person to whom the Executive Engineer may have delegated this in writing to be in need or relief and shall be bound to pay to such persons wages not below the minimum which M.H. & A.D.A. may have fixed in this behalf. Any disputes which may arise in this connection with the implementation of this clause shall be decided by the Executive Engineer whose decision shall be final and binding on the contractor.

Clause No 47:- The price quoted by the contractors shall not in any case

exceed its control price if any fixed by M.H. & A.D.A. or reasonable price which it is permissible for him to charge private purchase for the same class and description the controlled price or the price permissible under Hoarding and Profiteering Prevention Ordinance, 1948 as amended from time to time. If the price quoted exceeds the controlled price or price permissible under Hoarding and Profiteering Prevention Ordinance, the contractor shall specifically mention this fact in his tender along with the reasons for quoting such priced. The purchaser at his discretion will in such case exercise the right of revising the price at any stage so as to confirm with the controlled price permissible under Hoarding and Profiteering Prevention Ordinance. This discretion will be exercised without prejudice to any other action that may be taken against the contractor.

Clause No 47 A:- The tender rate offer shall be inclusive of all taxes, LBT,

royalties any form of cess and Custom other duties etc. Variation in the foreign currency including Labour welfare cess, Service Tax and Work Contract Tax under the provisions of the Maharashtra Sales Tax on transfer of property in goods involved the execution of work contract Act 1985 (Maharashtra Act No.XIX 1985) and amendments time to time. Maharashtra tax laws (Act No XVII of 1999) (Levy Amendment & Validation Act 1999), Maharashtra Value Added Tax ( MVAT ) etc. If there is any increase after date of submission of bid in any of the tax rate, cess, no extra payment shall be made on this account.

Clause No. 48 :- The rates to be quoted by the contractor must be inclusive

of all tax. No extra payment on this account will be made to the contractor. Clause No. 49 :- In case of materials that may remain surplus with the

contractor from those issued for the work contracted for, the date of ascertainment of the materials being surplus will be taken as the date of sale for the purpose of sales tax and the sales tax will be recovered on such sale.

Clause No. 50 :- The contractor shall employ maximum no. of the total

member of unskilled labor to be employed by him on the said work out of persons ordinarily residing in the district in which site of work is located provided however, that if the required number of unskilled lab our from that district is not available the contractor shall in the first instance employ such number of persons as is available and thereafter may with the previous

* Employment of scarcity labor.


permission in writing of the Executive Engineer-in-charge of the said work, obtain the rest of his requirement of unskilled labor from outside the District.

Clause No. 51 :- Wages to be paid to the skilled and unskilled laborers

engaged by the contractor. (1) The contractors shall pay the laborers ( skilled and unskilled according

to the wages prescribed by the 'min. wages act of 1948 applicable to the area in which the work of contract is located'. The contractor shall comply with the provision of apprentice act 1961 and the rules and orders issued there-under from time to time, if he fails to do so, his failure will be breach of contract and the Deputy Chief Engineer may at his discretion cancel the contract. The Contractor shall also be liable for any precautionary liabilities arising out on account of any violation by him of the provisions of Act. The contractor shall pay laborer, skilled and unskilled according to prescribed wages by Min. Wages Act applicable to the area in which work of contract is in progress.

(2) The contractor to take precautions against the accidents which takes place on account of labor using loose garment while working near machinery.

Clause No. 52 :- ------ DELETED------

Clause No. 53 :- The contractor shall duly comply with all the provisions of the contract labor (Regulation & Abolition ) Act, 1979 (37 of 1970) and the Maharashtra Contract Labor (Regulation & Abolition ) Rules as amended from time to time and all other relevant states and statutory provisions concerning payment of wages particularly workmen employed by the contractor & working on the site or work. In particular the contractor shall pay wages to each worker employed by him on the site of work at the rates prescribed under the Maharashtra Contract Labour as such from the contractor or deduct the same from the amount payable by the Government to the contractor hereunder or from any other amount/payable to him by M.H. & .A. D.A. Clause No. 54 :- The contractor shall engage apprentices such as brick layer, carpenter, wiremen, Plumber , as well as black-smith recomonded by the State Apprenticeship Adviser,Director of Technical Education, Dhobi Talao,Mumbai-400001 in the construction work. (As per the Govt. of Maharashtra, Education Deptt. No. TSA/5170/T/56689 Dt. 7.7.72)

Clause No. 55 :- CONDITIONS FOR MALARIA ERADICATION, ANTIMALARIA AND OTHER HEALTH MEASURES. a) The anti-malaria and other health measures shall be as directed by the Joint Director (Malaria and Filaria) of Health Services, Pune b) The Contractor shall see that mosquitogenic conditions are not created so as to keep vector population to minimum level. c) The Contractor shall carry out anti-malaria measures in the area as per guidelines prescribed under National Malaria Eradication Programme and as directed by the Joint Director (Malaria and Filaria) of Health Services, Pune d) In case of default in carrying out prescribed anti-malaria measures resulting

No.PWD/ID CAT-1284/(120)/ Bldg.2, dated 14/08/1985.


in increase in malaria incidence, Contractor shall be liable to pay to Government the amount spent by the Government on anti-malaria measures to control situation in addition to fine. Clause No. 56:- Contractor shall takeout necessary Insurance Policy/policies (Viz, Contractors all risks Insurance Policy, Erection all risks Insurance policy, Professional Indemnity Insurance, etc. as decided by the Directorate of Insurance) so as to provide adequate insurance cover for the execution awarded contract work for total contract value & complete contract period compulsorily from the “Directorate of Insurance, Maharashtra State Mumbai” only. Its postal address for correspond is “264, MHADA,1 st Floor, opp Kala Nagar, Bandra (East), Mumbai 400 051.” (Tele 022 26590403/26590690 & fax 2659461). Similarly all workmen’s appointed to complete the work are required to insure under Workmen’s Compensation Insurance policy. Insurance policy/Policies taken out from any other company will not be accepted. If any contractor has infected insurance with any Insurance Company, the same will not be accepted & the amount of premium calculated by the Directorate of Insurance will be recovered directly from the amount payable to the contractor for the executed contract work.

Clause No. 57 :- Building and Other Construction Workers Welfare Cess As per Government of Maharashtra, Industry, Energy & Labour Deptt. G.R. No. BLA 2009/Pra.Kra.108/Kamgar-7A, dt. 17/6/2010 & Public Works Department Circular No. BDG-2010/Pra.kra. 277/Building-2, dated 28/09/2010, Building and Other Construction Workers Welfare Cess at one percent or at the rates amended from time to time as intimated by the competent authority under Building and Other Constructions Worker Welfare Act 1996 will be deducted from the Bill amount, whether measured Bill, advance payment or Secured Advance.

Clause No. 58 :- (i) The samples of each class of materials shall be got approved prior to actual use & procurement of materials shall be from main suppliers only & Construction Agency shall submit a list of such suppliers to Engineer-in-charge. Satisfactory tests for the materials shall be given by the Construction Agency at his own cost as directed by Engineer-in-charge. The materials shall be got tested from Govt. Laboratory, C.O.E.P., G.P.P., PWD. or any other reputed institute as specified by Dy. Chief Engineer /PHADB as per relevant I.S. specifications. The Construction Agency shall bear all the charges, for testing etc. The Engineer-in-charge is empowered to reject or approve materials, based on test report and no doubts and disputes shall be entertained. If the Construction Agency establishes full-fledged laboratory at site, 70 % testing will be allowed on site & rest 30 % testing shall be from any of the above laboratories. The frequency of testing of materials shall be as per annexure for “Accepted standard for materials in use"

(ii) All materials and workmanship shall be of the respective kinds described in the Contract and in accordance with the Engineer-in-charge’s instructions and shall be subjected, from time to time, to such tests as the Engineer-in-charge may direct at the place of manufacture or fabrication, or on the site or at such other place or places as may be specified in the Contract, or at all or any of such places. The Construction Agency shall provide such assistance, instruments, machines, labour and materials as are nominally required for examining, measuring and testing any work and the quality, weight or quantity of any materials used and shall supply samples of materials before incorporation in the


works for testing as may be selected and required by the Engineer – in – charge. (iii) All samples shall be supplied by the Construction Agency at his own cost. (iv) This will includes load test on floor if required and as directed by the Engineer – in – charge.

Clause No. 59 :- The testing of material to be used on work site to be

tested in specified laboratory as mentioned by the board, are required to be carried out to ascertain the quality of materials used and shall be at contractors risk & cost.

Clause No. 60:- As per MHADA’s Circular No. authority 2859 dtd.

09/07/93 all the items of S.W. drains, internal roads shall have to be maintained by the contractor (through the progress of work) & for the period of 24 Months the date of completion as certified by the Executive Engineer or till the services are handed over to local authority/society /beneficiaries. During this period all defective work and likely fittings or defective items as pointed out by the Executive Engineer shall be replaced by the contractor, failing which the needful will be done at risk & cost. The decision of Executive engineer in this behalf will be final & binding on the contractor. The contractor would be made party to all complaints under consumer protection acts.

Clause No. 61:- The contractor should note that for this work, there can be

third party inspections and audit in addition to regular inspection by Vigilance & Quality Control Cell of MHADA. The contractor will have to give all cooperation for this third party as per order of MHADA during inspection of work making available record as may be asked for.

Clause No. 62:- The contractor shall strictly adhere to the quality of

material to be used during the construction. The contractor shall use those materials specified & approved by the Executive Engineer in charge for the purpose of construction. During course of construction Executive Engineer in charge of the construction or by the application of any person under Right of Information Act 2005 a sample of materials being used on the site can be taken as per the procedure prescribed by the MHADA for laboratory testing. In case, If it is found that the material being used is not as per specification or not as per the quality then Executive Engineer shall be held responsible for severe action and the contractor shall be made liable to pay compensation. The Dy. Chief Engineer under whose superintendence and overall control works are getting executed on behalf of MHADA shall decide such issues immediately. In addition to this the contractor shall also be liable for replacement of entire material, which was found defective during the course of inspection on the report laboratory test.The contractor shall also reimburse all the expenses, which are required to be paid to the person applying under Right ti Information Act 2005. The decision of Chief Engineer (Officer duly authorized by the MHADA/ Board) in this respect shall be final & binding on the contractor.

SIGATURE OF CONTRACTOR EXECUTIVE ENGINEER


SPECIAL CONDITIONS OF CONTRACT

Condition No. 1 :- MOBILIZATION ADVANCE (i) The Mobilization advance limited to 10% of estimated cost or tendered amount whichever is less at 10.06 % simple interest can be sanctioned to the contractors on specific request as per term of the contract. (ii) The mobilization advance shall be released only after obtaining a bank Guarantee bond of 110.06 % of Mobilization advance from a Nationalized/Schedule bank for the amount of advance to be released and valid for the contract period (Annexure-VI). This shall be kept renewed time to time to cover the balance amount and likely period to complete recovery together with interest. (attached to the tender) The advance should be released in not less than two installments. First installment of Mobilization advance shall be released within 15 days of written request and submission of labour insurance policy, contractors all risk policy (CAR) by the contractor and second installment will be released after procurement of machinery like excavator, cranes, arranging labour camp site office setup for employer and consultant, Power and water supply arrangement and prior submission of confirm purchase order for aluminum shuttering required for site of work. The interest on the advance shall be calculated from the date of payment to the date of recovery, both days inclusive. (iii) It shall be ensured that at any point of time, Bank Guarantee is available for the amount of outstanding advance. (iv) The recovery should be commenced after 10% of work is completed financially and the entire amount together with interest shall be recovered by the time 75% of the work is completed financially. Condition No. 2 :- PERFORMANCE GUARANTEE

2.1 “Within 15 (Fifteen) days from the date of issue of work order or within such extended time as may be granted by MHADA in writing, the contractor shall submit to MHADA an irrevocable performance bank guarantee in the form appended (Annexure-I & II), from any Nationalized Bank equivalent to 2% (two per cent only) of the contract value for the due and proper execution of the Contract. The Performance Guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case the time for completion of works gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work. 2.2 MHADA reserve the right of forfeiture of the performance guarantee in the event of the contractor’s failure to fulfill any of the contractual obligations or in the event of termination of contract as per terms and conditions of contract. 2.3 Performance guarantee shall be returned after successful completion / testing /commissioning and handing over the project to the client up to the entire satisfaction of MHADA / Client. 2.4 In case the contractor fails to submit the performance guarantee of the requisite amount within the stipulated period or extended period, work order automatically will stand withdrawn and EMD of the contractor shall be forfeited.


Condition No. 3 :- INCENTIVE FOR EARLYCOMPLETION OF THE WORK If contractor completes the work ahead of scheduled completion time a incentive @ Rs.9,00,000/- per day computed on daily basis, shall be payable to contractor subject to maximum limit of 100 days of the tendered period. Amount of incentive shall be paid along with final bill after completion of work. Extension though given for genuine reasons no incentives will be paid for early completion. Condition No. 4 :- WATCH & WARD The construction Agency shall be responsible for protection and safety of building up to 6 months from the date of obtaining occupation certificate from PCMC. The construction Agency shall provide adequate number of watch & ward personnel. Beyond above prescribed period, the Agency shall be entitled for payment as follows. a) For two wings two watchmen per shift of 8hrs.shall be provided and the payment per

watchmen per shift per months shall be paid as per rate approved by competent Authority. b) The payment shall be paid only in respect of the wing / building actually provided with

watch and ward. c) If 50 % or more number of tenements is occupied then no payment shall be made.

Condition No. 5:- FLUCTUATION IN FOREIGN CURRENCY The tender rate offer shall be inclusive of all taxes, LBT, royalties any form of cess and Custom other duties etc. including Variation in the foreign currency, no extra payment shall be made on account of fluctuation in Foreign currency in terms of Indian currency. Condition No. 6 :- SCOPE OF CONSULTANT ARCHITECT’S SERVICES Pune Housing and Area Development Board on behalf of MHADA has appointed Architect Laxman

Thite as Architect and Project Management Consultant for this work. Regular agreement has been

executed between both the parties. The duties and delegation of power assigned to the Architect

Consultant will be carried out by him and will be binding on the contractor on his scope of work. For

all practical purposes the above named Architect Consultant or his representative will work as a

Engineer in chargs’s representative. However decision of Engineer in charge is final and binding on

contractor. SIGATURE OF CONTRACTOR EXECUTIVE ENGINEER


GENERAL CONDITIONS


GENERAL CONDITIONS OF CONTRACT

(a) FOR CIVIL WORKS 1. The Construction Agency shall engage an authorized and experienced Project Manager

who shall be a qualified Architect & / Engineer with post graduation in Civil Engineering/Project

Management. He shall also engage Engineering Staff who shall be capable of ensuring quality &

progress of the work. Such Engineering Supervisors shall possess sufficient knowledge of R.C.C.

works and shall take such orders as may be given to them by the Engineer-in-charge or his

subordinates or Project Management Consultants from time to time and shall be responsible for

carrying them out faithfully.

THE REQUIREMENT OF MINIMUM TECHNICAL REPRESENTATIVE(S)* AND RECOVERY RATE AS FOLLOWS Sr.N

o. Minimum

Qualification of Technical

Representative

Designation

Minimum Experience

Number

Penalty for non

deployment

1 Civil Engineering. Degree Holder + post graduation in civil engg./ project management

Project Manager

12 Years as project manager / in charge of similar works out of which 5 years in project involving aluminum formwork and minimum total experience of 25 years in building construction field.

1 Nos. Rs. 5,00,000/ per month

2 Civil Engineering. Degree Holder

Dy. Project Manager

5 Years as Dy. project manager of similar works out of which 2 years in project involving aluminum formwork and minimum total experience of 15 years in building construction field.

4 nos

Rs. 3,00,000/ per month

3

Civil Engineering. Degree Holder

Site/Field Engineer ( For Work supervision & Quality control)

10 years in building construction field.

12 Nos. Rs. 2,00,000/ per month

4

Civil Engineering. Degree Holder

Quantity Surveyor/Billing Engineer

12 years in building construction field out of which minimum 5 years in quantity survey.

6 Nos.

Rs. 2,00,000/ per month

5 Civil Engineering. Degree Holder

Quality control engineer

12 years in building construction field out of which minimum 5 years in quality control.

2 nos. Rs. 2,00,000/ per month


6 Concerned degree plus diploma in construction safety.

Safety Officer 10 years in building construction field out of which minimum 5 years in construction safety.

1 nos. Rs. 2,00,000/ per month

7 Degree in Concerned Engineering..

a)Electrical Engineer b) Mechanical & plumbing Engineer c ) Fire Engineer

15 years in building construction field with experience in respective works

1 no. 1 no. 1 no.

Rs. 3,00,000/ per month for each Engineer

* The above key staff is to be posted full time at execution site.

* Apart from above key staff requisite numbers of assistant engineers, foreman, supervisors, etc will

have to be deputed for execution of contract.

* Requisite numbers of administrative staff, store in charge, etc. shall also be deployed for execution

of the contract.

* All above staff shall be posted from commencement till completion of project. Special permission

shall be taken in writing from Engineer in charge if staff has to be demobilized due to some technical

reasons.

2 The Construction Agency shall also have an office within the work site, area, where the notices

and instructions from the Engineer-In-charge or Consultants may be served, and the office shall be

kept open throughout the day/night on all working days. A clerk or some authorized person shall

always be present at such office, upon whom notices and instructions may be served and serving of

any notice left with such a clerk or the representative in such an office shall be deemed to

have been validly served upon the Construction Agency for all purposes.

3(a) The triplicate work order book shall be maintained on the site of work and the Construction

Agency or his authorized representative shall sign acceptance of the work orders given by

Project Management Consultants or the Engineer-in-charge or his Superiors /subordinates and

shall carry them out properly. In case the Construction Agency continues to indulge in doing the

works contrary to the instructions given to him, as incorporated in the work order book or given in

writing by separate communication within the provisions of contract document, he shall be

doing so entirely at his risk and cost and the Engineer-in-charge shall have the right to

dismantle at Construction Agency's risk and cost the work so carried out. The Construction Agency

shall be held responsible for the delay in execution of work on this account and shall bear all other

consequences arising out of non compliance of the orders given in time. No extension of time on


this account shall be considered.

(b) If the Construction Agency fails to comply with instructions of the P.M.C. or Engineer-in-

charge, the Engineer-in-charge may take action as per Conditions of Contract herein above.

4. The Construction Agency shall have to clear the entire site before the work is

commenced, without any extra cost. The clearance of the site includes removal of grass,

trees, vegetation, boulders and extra earth at site, in order to level down the site as required. The

extra earth which may thus be obtained would be disposed off, as directed by the Engineer-in-charge,

without claiming anything extra. The Construction Agency shall make his own arrangement for

preventing flood water or tide water entering the area of work, causing damage to any work. He shall

have sufficient number of pumps for dewatering etc. to keep the site dry at his own cost and in no

case shall the progress of the work be allowed to be hindered on account of flood and tide.

5.1 The Construction Agency in addition to the required store and other structures required for

the work, shall provide and construct a suitable temporary office building for the use of

Engineer-in-charge and his authorized staff and Architect/Project Management Consultant as

directed by the Engineer-in-charge. The area of the office shall be of adequate size with sanitary

facilities. (As directed by Engineer in-charge) The cost of construction & maintenance of above

office shall be borne by the Construction Agency without any claim on this account.

5.2 The Engineer's office and Architect/Project Management Consultant’s office shall be provided

with separate adequate furniture as directed by the Engineer-in-charge. The construction of the

temporary office building shall be carried out as soon as possible and the furniture provided for the

office use shall be the property of the Construction Agency and the same shall be allowed to be

removed after completion of main work. The Construction Agency shall provide for the office

building necessary electrical, drainage and water provisions. The Municipal taxes and all other taxes/

charges payable on such building shall be paid by the Construction Agency during the period of

execution of the work. The Construction Agency shall provide computer with latest configuration and

windows installed and printer in the site office, during the course of execution, exclusively for the use

of MHADA. An Air conditioner of required capacity shall be provided in the office.

5.3 The contractor has to provide the following

i. Project office accommodation of approx. 200 sqm (with approx 30% area as air-conditioned) near (within 1 km lead) the project site.

ii. Site office accommodation of approx. 50 sqm at/adjacent to work site. iii. Project office shall be provided in permanent structure building having all facilities viz, water,

toilets, parking, etc. iv. Site office can be of temporary structure but should be protective from all weathers.

5.3.1. The Contractor has to provide the following furniture/facilities for Engineers at his own cost.


Sr. No

Item Nos

1 Cabinet (Drawing) 2 2 Telephone with Answering facility 2 P & T line + 10 line Intercom with

Instruments & Broad Band Connection 3 Digital Photocopy Machine (upto A3 size) 1 4 Refrigerator (290 Liters) 1 5 Drinking Water Dispenser (Hot & cold) 1 6 Tea/Coffee Dispenser 1 7 Electric power, water Supply ,telephone etc. As required to run and maintain both the

offices 8 Safety Helmets, Boots and any other safety

device As per Requirement

9 Furniture 1 Sofa set 2 sets 2 Tables a Size 1 ( 5’ X 3’) with side drawer 4 b Size 1 ( 4’ X 2.5’) with side drawer 10 3 Executive Chair a With full back 4 b With half back 12 4 Visitor Chairs 12 5 Meeting Room Chairs with presentation facility 20 6 Side units with tables 8 sets 7 Filing cabinets 8 8 Lockers cabinet (12 lockers) 2 9 Steel Cupboards 5 10 Scanner machine 2 11 Digital Camera 1

5.3.2. The Contractor is required to maintain the offices throughout the contract period and provide

the following but not limited to; i. Pay all electricity, phone & water charges and Broad band

ii. Provide all stationery items and consumables for office use iii. Carry out necessary repairs to office and equipment as and when required iv. Bottled water v. Tea and coffee

vi. Crockery including cups and saucers for office use

5.3.3 Fire extinguishers shall be provided in accordance with the recommendations of the PCMC

City Fire Brigade.

5.3.4 The Contractor shall provide, erect and maintain appropriate name boards as

specified for each of the offices. The wording on each name board and its location shall be

agreed by the Engineer before it is erected.


5.3.5. The Contractor shall supply the following personnel as required for the use of Employer's

representative.

Office / Field Attendees 4 Nos

Office assistants / Secretary 2 Nos.

Requisite numbers of Watchman Round the clock

6. EQUIPMENT FOR USE OF THE ENGINEER

6.1 Contractor shall provide new equipment and software as listed maintain them for the

exclusive use of the Employer and the Engineer

(a) Computers (with computer table) —6 nos.. Lap-Top Computer of same configuration —

two no.

i. 13 third generation / 2.6 GHz (hyper technology) with in-built LAN, Modem, AGP card, Audio Card, and Wi-Fi Internet Card.

ii. Cache Memory : 512 KB 1.2 cache, iii. Memory: 4 GB DDR RAM Expandable up to 6 GB iv. Hard Disk: 500 GB v. Combo Drive (DVD'R / CDRVV)

vi. CD-ROM: 24 X Speed CD-ROM Drive integrated

vii. Display: 17" TFT xvi. Carrying Case: Notebook / Laptop carrying case. (b) Printers - 3 nos. (A4 size -2 No. and A3 size - I No.)

One Printer each of A3 & A4 size shall be Colour

(c) Languages

(d) Microsoft Visual Basic language & C+ Language (latest version) Application

Software;

(i) Microsoft office, latest release, (ii) A database management package to be selected by the Employer / i. Engineer; (ii) AUTOCAD civil 3 -D, for 3 users, (iii) Project Management Package (Microsoft Project) or Primavera V. P6 - 2 licenses (1 Core

Module and 1 Web based module) (iv) Multimedia

(e) UPS system with sufficient power backup (with' minimum backup time of 30 minute) to meet the sufficient power load in case of power disruption.

(f) Surge Protection Devices (one for each computer and printer as given above) Power supply for the systems is to be AC 240 volts, 50 Hz from normal building wiring circuit mains. Power regulator, stabilizer or transformer should be supplied by the Contractor for the computer systems such that the systems can function efficiently. Note: These Items under Clause 1.2 and 2.1 above will be property of the contractor and will be taken back by contractor on completion of work. However consultant


and / or Employer will not be responsible for damage to the above furnitures / equipments. Contractor shall be responsible for its repair and maintenance throughput the contract period.

7. The Construction Agency shall provide all labours, pegs, strings, and other materials required for

lining and setting out the work. He shall also provide all instruments and attendants required by the

Engineer-in-charge and his representatives/ P.M.C. for, checking of the works at all the stages of

constructions, as and when so directed by the Engineer-in-charge.

8. The Construction Agency shall, at his own expense make all necessary provisions for

housing, water supply and sanitation arrangements for his employees & labourers & shall pay

directly to the authorities concerned all deposits, rents, taxes and other charges. The Construction

Agency shall also comply with all the requirements of Health Department of the Pimpri

Chinchwad Municipal Corporation or any other authority in charge of management of the locality,

particularly in regard to anti-malaria or any other measures.

9. The Construction Agency shall maintain the roads used by him for transport and also shall

provide necessary approach roads as required and keep the same duly maintained at his cost, in

order to have easy transport and also satisfactory inspection by the officers of the

P.H.A.D.B./P.M.C. If it is necessary to have such roads and passages through private parties, the

Construction Agency shall be bound to give the right of access of such roads and passages to

other Construction Agency for subsidiary work and also to others as directed by the Engineer-in-

charge without any charges. The Construction Agency shall take ample precautions regarding safety

to the existing structures and in case of any damage caused by him or his agents, shall make good the

loss at his own cost. The Construction Agency shall on completion restore, the roads to their original

conditions. In case he fails to restore the roads to the satisfaction of the Engineer-in-charge, the

same shall be done at the risk and cost of the Construction Agency. In case the Construction Agency

fails to maintain the roads used by him the same shall be done at the risk and cost of the Construction

Agency.

10. Setting out - The Construction Agency is to set out the line out for all works and shall be

responsible for the accuracy of the same. He shall provide necessary side rails etc., as directed by the

Engineer- in-charge. Any defective or inaccurate setting out or deviation from the sanctioned plan

shall be rectified at his risk and cost. The Construction Agency shall provide good leveling

instruments and staff for use on work.

10.1 Accurate Setting Out :- The Contractor shall be responsible for


(a) the accurate setting out of the Works in relation to the original points, lines and levels of

reference given by the consultant in writing

(b) the correctness of position, levels, dimensions and alignments of all parts of the works

(c) the provisions of all necessary instruments, equipment,- apparatus and labour in connection with

the foregoing responsibilities

(d) Carefully protecting and preserving all bench marks, sight rails, pegs and other things used in

setting out the Works

The checking of any setting out or level by the consultant shall not in any way relieve the Contractor

of his responsibility for the accuracy or correctness thereof and the Contractor shall carefully protect

and preserve all bench-marks, sight-rails, pegs and other things used in setting out the Works.

10.2 Errors in setting out :- If at any time during the execution of the Work, an error appears in the positions, levels,

dimensions or alignment of any part of the Works, the Contractor on being required to do so by the

consultant shall, at Contractor's cost, rectify such error to the satisfaction of the consultant.

10.3 The Contractor shall be responsible for making his own arrangements at his own cost to obtain

supply of water, electricity or gas for the Works. The Employer where feasible may at his discretion

assist the Contractor in giving recommendatory letters etc.

The Construction Agency shall make necessary arrangements to obtain water connections

from Municipal Corporation or other authorities concerned, for the execution of work at his own

cost and pay deposit and extra water charges, sewerage charges and flushing charges and all

other charges in accordance with the Rules of the Pimpri Chinchwad Municipal Corporation, other

authorities in force. The Agency shall ensure that the extra water charges and extra sewerage charges

shall not be included in LUC bills of PCMC after date of issue of work order; otherwise the payment

toward extra water charges and extra sewerage charges shall be recovered from the Bidders R.A.

Bills. The Pune Housing and Area Development Board shall help the Construction Agency in

obtaining the necessary water connections by way of recommendation only. All the charges that are

payable to PCMC. at the present rates shall be paid by the Construction Agency. Any increase in the

charges that may be imposed in future whether during original period of contract or the extended

period shall also be paid by the Construction Agency. The permanent water/ Electric/ Drainage

connection charges and storm water charges shall be paid by Construction Agency, including

deposits for water meters including Electrical meter service charges etc.

11. Whenever any claim against the Construction Agency, for the payment of such sum, arises

out of or under the contract, Pune Housing and Area Development Board shall be entitled to

recover such sum or sums, by appropriating the part or whole, from any amount due on running


account bills or the Security Deposit of the Construction Agency and to sell any Government

promissory notes etc. Forming the whole or part of the security, in the event of the security

deposit being insufficient and if no security has been taken from the Construction Agency, then the

balance or the total sum recoverable as the case may be, shall be deducted from any such amount

then due, or which at any time thereafter may become due, from the Construction Agency under

this or any other contract with Maharashtra Housing and Area Development Authority Mumbai,

shall this amount not be sufficient to cover this full amount recoverable, the Construction

Agency shall pay the P. H. & A.D. Board, on demand, the balance remaining dues. In cases where

a particular person was partner in a firm against whom the Board has a claim, and if the same

partner joins another firm, then the amount due from the partner according to his share of interest in

the former firm, shall be recoverable from his share of interest in the subsequent firm.

12. i) The Engineer-in-charge / Board shall have the right to cause any audit & technical

examination of the works and final bills of the Construction Agency, including all supporting

vouchers, abstracts, etc., to be made after payment of the final bills and if, as a result of such audit

and technical examinations, the sum is found to have been overpaid in respect of any work done by

the Construction Agency under the Contract, the Construction Agency shall be liable to refund the

amount of over payment and it shall be lawful for the Board to recover the same from him.

ii) The Construction Agency shall have to pay all dues or recoveries that may be pointed by

the audit during the post audit of the final bills, subsequently to the refund of full amount of the

Security Deposit. For this the Construction Agency shall sign an indemnity bond on stamp paper of

Rs 100/- at the time of refund of full amount of Security Deposit.

13. The Construction Agency shall give full access and co-operation to any officer authorized

by the Engineer-in-charge for inspection of work all the time, checking of cement account and stores

etc. The lapses observed shall be promptly rectified by the Construction Agency.

14. The Construction Agency shall, after completion of work, have to obtain necessary

certificate from the Municipal Sanitation and anti-malaria authority for securing water supply

from Water Supply Department. He shall also have to assist consultant for obtaining necessary

certificate from other departments if so desired. He shall also to assist for obtaining the NOC’s for

water supply connection and drainage connection from Pimpri Chichwad Municipal Corporation, the

necessary charges shall be paid directly by P.H. & A.D.B.

15. Wherever water or drainage pipe lines or electric lines are found to be passing under the


proposed buildings or by road side, such pipe lines/ Electric lines shall be property of MHADA

and have to be removed and realigned and relayed by the Construction Agency as directed by the

Engineer-in-charge. The cost of this work shall be paid by PHADB. This work shall have to be done

during non-peak load in case of drainage lines and no supply hours in case of water pipe lines.

16. The Construction Agency shall obtain necessary license for engaging the labourers, or

the work from the licensing office of the jurisdiction as required, as per Contract Labour

Regulation and Abolition Act, 1970.

17. During the course of the work, the Construction Agency shall make all necessary

arrangements for ensuring proper drainage of the site by providing Hume pipes, channels,

temporary crossings etc. as may be required to be provided according to the directions of the

Engineer-in-charge, his proposals for ensuring the drainage of the site by taking into consideration

the final drainage plan proposed in the project and for carrying out the works in the manner

approved by the Engineer-in-charge.

18. It shall be the responsibility of the Construction Agency to keep the clear site handed

over to him free from any encroachments He shall be required to take at his own cost, measures to

protect the site from such encroachment and keep the site free from all encumbrances till final

completion of work and handing over the site to the Engineer-in-charge.

19. The Construction Agency shall prepare date & month wise programme and inform about

the casting of RCC work in writing at least Four days before to the Engineer-in-charge and

consultant.

20. The terrace slab, W.C.'s, baths, toilets, top slab of pump houses, lift machine rooms,

staircase cabins, society's office, meter room, watchman cabin, lift pits, underground water tank,

overhead water tanks, shall be thoroughly leak-proof. The Construction Agency shall give 10

years guarantee for all waterproofing works on stamp paper of Rs 100/- duly notarized and registered

as per the Performa enclosed herewith. (Annexure-III)

21. In case of any dispute arising out of bad quality of work under the Consumer Protection Act


1986, the same shall be jointly represented by the Construction Agency and MHADA in the

Consumer's Court. If any compensation/ rectification of work is ordered by the Consumer's Court,

the same shall be the responsibility of the Construction Agency, limited to his scope of the work.

22. The final bill shall be submitted by the Construction Agency after obtaining Occupation

certificate to all buildings in the project. No further claims shall be made by the Construction

Agency after submission of the final bill and these shall be deemed to have been waived.

23. The Construction Agency shall, when required by the Engineer-in-charge produce all

quotations, invoices, vouchers, accounts, receipts etc. to prove that materials supplied are in

conformity with the specifications laid down in the contract.

24. Use of Explosives :

Except as may be provided in the Contract or ordered or authorized by the Engineer-in-

charge, the Construction Agency shall not use explosives. Where the use of explosives is so

provided or ordered or authorized the Construction Agency shall comply with the requirements

of the following sub-clauses of this clause besides the law of the land as applicable.

(1) The Construction Agency shall at all times take every possible precaution and shall comply

with the appropriate laws and regulations relating to the importation, handling,

transportation, storage and use of explosives and shall at all times when engaged in blasting

operations post sufficient warning flagmen to the full satisfaction of the Engineer-in-charge.

(2) The Construction Agency shall at all times make full liaison with and inform well in advance

and obtain such permission as is required from all Government authorities, public bodies and private

parties whatsoever concerned or affected or likely to be concerned or affected by blasting

operations.

(3) The Construction Agency shall pay all license fees and charges which may be required for

storage or in respect of any other matter whatsoever.

25. Secured Advance :

The secured advance on various building materials can be payable based on the cost of such

materials shown in DSR 2013-2014 of PWD, Pune Region Maharashtra or Market Rates whichever

is less.

Construction Agency shall be eligible to receive secured advance to the extent of 75% amount


against materials brought on site, tested and approved to be used in the works as per normal

practice and norms of M.H.A.D.A. prevailing at the time. The Construction Agency shall be

required to give an Indemnity Bond for safe custody of the materials on which advances are taken.

The Indenture for secured advance shall be executed by the Construction Agency in the prescribed

form of Maharashtra Housing and Area Development Authority (Annexure–IV &V) with special

adhesive stamp of required amount. The advance shall be granted on non-perishable building

materials & likely to be consumed within 3 months from the date from which such advance is given.

The Construction Agency shall provide adequate storing space for cement and he shall for the

purpose provide a store of adequate storage capacity. This space shall be in addition to the space

required for storing empty cement bags. The cement shall be stored as per instruction issued in the

book of the Manufacture and as per instruction of Engineer In-Charge.

26. In view of the difficult position regarding availability of foreign exchange, no foreign

exchange, shall be released by the PHADB for the purpose of plant and machinery required for

the execution of the work.

27. The Construction Agency shall sign each page of the agreement.

28. The Construction Agency shall have to supply at his own cost adequate number of printed

R.A. Bill forms in the prescribed approved form, with complete description of all items of the work

as per tender for preparation of running account bills and final bills. If such bill forms are not

supplied, the Construction Agency shall be charged at the rate of Rs. 10/- per sheet.

29. The Construction Agency shall submit every month, account of the consumption of the steel

and cement indicating components where it is used.

30. The Construction Agency shall have to connect the internal water supply and internal

Sewerage of bldg with the external water supply and external sewerage arrangements respectively as

per the PCMC rules without any extra cost and requirement.

31. Electric supply for construction purpose shall have to be arranged by the Construction Agency

at his own cost. Necessary consumption charges shall be borne by the Construction Agency. The

P.H.& A.D. Board shall, however, render the necessary assistance by way of recommendation only.

All charges towards Electricity shall be borne by the Construction Agency till occupation of building.


32. The Construction Agency shall indemnify the P.H.A.D.B. against all actions, suits, claims

and demands brought or made against it, i.e. (P.H.& A.D.B.) in respect of anything done or

omitted to be done by the Construction Agency in execution of or in connection with the work of

this contract and against any loss or damages to P.H.& A.D.B. in consequences of any action or

suit being brought against the Construction Agency for anything done or omitted to be done in the

execution of the work of this contract, whenever the Construction Agency desires to use any

designs, device, materials or process covered by letters, patents, or copyright. The right of such

use shall be secured by suitable assessment with the patent owner and copy of their assessment shall

be supplied to the Engineer-in-charge.

33. The Construction Agency shall make necessary arrangements for the procurement of all

building materials including cement and steel required for the work at their own cost.

34. (i) The samples of each class of materials shall be got approved prior to actual use &

procurement of materials shall be from main suppliers only & Construction Agency shall submit a list

of such suppliers to Engineer-in-charge. Satisfactory tests for the materials shall be given by the

Construction Agency at his own cost as directed by Engineer-in-charge. The materials shall be got

tested from Govt. Laboratory, C.O.E.P., G.P.P., PWD. or any other reputed institute as specified by

Dy. Chief Engineer /PHADB as per relevant I.S. specifications. The Construction Agency shall bear

all the charges, for testing etc. The Engineer-in-charge is empowered to reject or approve

materials, based on test reports and no doubts and disputes shall be entertained. The frequency

of testing of materials shall be as per annexure for "Accepted standard for materials in use" provided

in Site Register as mentioned in condition No.53 below.

(ii) All materials and workmanship shall be of the respective kinds described in the Contract and

in accordance with the Engineer-in-charge's instructions and shall be subjected, from time to

time, to such tests as the Engineer-in-charge may direct at the place of manufacture or fabrication,

or on the site or at such other place or places as may be specified in the Contract, or at all or any

of such places. The Construction Agency shall provide such assistance, instruments, machines,

labour and materials as are normally required for examining, measuring and testing any work and

the quality, weight or quantity of any materials used and shall supply samples of materials

before incorporation in the works for testing as may be selected and required by the Engineer-in-

charge.

(iii) All samples shall be supplied by the Construction Agency at his own cost.

(iv) The materials shall confirm to the brand mentioned in the tender and the sample shall be got

approved from Engineer in charge within one month from the date of issue of work order.


35. The Construction Agency shall take all precautions against damages from accidents etc. not

covered by conditions mentioned in the Force Majeure Clause. No compensation shall be allowed to

the Construction Agency on this account or for carrying out the repairing of any such damages

to the work during construction.

36. Deleted ----

37. Completion Certificate:

The work shall not be considered to have been completed in accordance with the terms of the

contract until the Engineer-in-charge shall have certified in writing to that effect. No approval of

material or workmanship or approval of part of the work during the progress of execution shall bind

the Engineer-in-charge or in any way prevent him from even rejecting the work which is claimed

to be complete and to suspend the issue of his certificate of completion until such alterations and

modifications or reconstruction have been effected at the cost of the Construction Agency as shall

enable him to certify that the work has been completed to his satisfaction.

After the work is completed, the Construction Agency shall give notice of such completion to

the Engineer-in-charge and within 30 days of receipt of such a notice the consultant /Engineer-in-

charge shall inspect the work and if there is no defect in the work, shall furnish the Construction

Agency with a certificate indicating the date of completion. However, if there are any defects which

in the opinion of the Engineer-in-charge are rectifiable he shall inform the Construction Agency the

defects noticed. The Construction Agency after rectification of such defects shall then notify the

Engineer-in-charge who on his part shall inspect the work and issue the necessary completion

certificate within 30 days if the defects are rectified to his satisfaction and if not, he shall inform

the Construction Agency indicating defects yet to be rectified. The time cycle as above shall

continue.

In case defect noticed by the Engineer-in-charge, which in his opinion are not rectifiable but

otherwise work is acceptable at reduced payment work shall be treated as completed. In such cases

completion certificate shall be issued by the Engineer-in-charge within 30 days indicating the un-

rectifiable defects for which specified reduction in payment is being made. The decision of

Engineer-in-charge for reduction in rate shall be final.

38. Safety Measures :

38.1 Sufficient Precaution from design point of view and execution point of view (like providing

safety belt to working labourers and also providing safety nets) are to be taken to enable smooth execution of multistoried / High-rise buildings without any untoward incident.


38.2 The Construction Agency shall take all necessary precautions for the safety of the workers

and protecting their health while working in such jobs which require special protection and

precautions. The Construction Agency shall also comply with the directions issued by the

Engineer-in-charge in this behalf from time to time.

The following are some of the requirements (the list is not exhaustive).

(i) Providing protective footwear to workers in situations like mixing and placing of mortar or

concrete, in quarries and places where the work is done under too much wet conditions as

also for movement over surface infested with oyster growth.

(ii) Providing protective head wear to workers, supervisors, MHADA & consultant Engineers to

protect them against accidental fall of materials from above.

All that described in (i) & (ii) shall be made available to the inspecting officers of

department whenever required.

(iii) Providing hand rails at the edge of the walkways, ladders etc.

(iv) Supporting workmen with safety belts, ropes etc when working on any masts, cranes, cribs,

hoists, dredgers, scaffolding etc.

(v) Taking necessary steps towards training the workers concerned and the use of machine

before they are allowed to handle it independently and taking all necessary precautions in

and around the area where machines, hoists and similar units are working.

Wherever, required by the law the persons handling the machinery shall have the

requisite licenses, certificates etc.

(vi) Preventing over-loading and over-crowding of land based machinery and equipment.

(vii) Avoiding bare live wires etc. This would cause electrocution.

(viii) Making all platforms, staging and temporary structures sufficiently strong and not causing the

workmen and supervisory staff to work under risks.

(ix) Providing sufficient first aid, trained staff and equipment to be available quickly at the work

site to tender immediate first-aid treatment in case of accidents due to scaffolding, drowning

and other injuries.

(x) Providing full length gum-boots, leather hand gloves, leather jacket with fire proof aprons to

cover the chest and back reaching upto knees and plain goggles for the eye to labour

working with hot asphalt, handling vibrators in cement concrete and also where use of

any or all these items is beneficial in the interest of health and well being of the labourers

in the opinion of the Engineer-in-charge.

39. Medical and Sanitary arrangements to be provided for labour employed in the construction by

the Construction Agency:

(a) The Construction Agency shall provide an adequate supply of potable water for the use of


labourers on work and in camps.

(b) The Construction Agency shall construct trench type or semi permanent latrines for the use of

labourers, separate latrines shall be provided for men and women.

(c) The Construction Agency shall build sufficient numbers of huts subject to removal of all of

them on completion of work on a suitable plot of land for the use of the labourers according to

following specifications:

(i) Huts of bamboo and matting may be constructed.

(ii) A good site not liable to submergence shall be selected. High ground remote from jungle

but well protected with trees, shall be chosen whenever it is available. The neighborhood

of tank, jungle, grass and weeds shall be particularly avoided. Camps shall not be

established close to large cuttings of earth work.

(iii) The lines of huts shall have open spaces of at least 10 meters between rows. When a good

natural site cannot be procured, particular attention shall be given to the drainage.

(d) The Construction Agency shall construct sufficient number of well screened bathing places,

sufficient number of washing places shall also be provided for the purpose of washing

clothes.

(e) The Construction Agency shall make sufficient arrangements to drain away the surface

and sullage water as well as water from the bathing and washing places and shall dispose

of this waste water in such a way as not to cause any nuisance.

(f) The Construction Agency shall engage a medical officer with a traveling dispensary for a

camp containing 100 or more persons if there is no government or other private

dispensary situated within eight kilometers from the camp. In case of emergency

Construction Agency shall arrange at his cost, transport for quick medical help to his workers.

(g) Instructions of the District Health Officer on matters such as water supply, sanitary

conveniences at the camp site, accommodation and food supply shall be followed by the

Construction Agency.

(h) The Construction Agency shall make arrangements for all anti-malaria-measures to be provided

for the labour employed on the work. The anti-malarial-measures shall be as directed by the

District Health Officer.

40. The Construction Agency shall pay stamp duty, registration charges for the purpose of execution

of present agreement, Security bond, Bank Guarantee etc.

41. Project Monitoring

The contractor will prepare a Construction Programme based on computerized CPM network using the Precedence Diagramming Method. The tentative Construction Programme shall be


submitted within 30 days of award for approval as ‘Baseline Programme’. The base line program shall clearly reflect interface and access dates for civil and other utility and services sub-heads. 41.1 Programme Requirements

(a) Purpose of Programme

The purpose for the requirement of Programme (Scheduling) information described in this

document is to provide the Engineer-in-Charge with status reports for managing, monitoring and

coordinating the awarded contract during the execution within the overall composite contract project

schedule. It describes a series of reports to be submitted by the Contractor to the Engineer-in-Charge

during the execution of the contract, following the award of Contract.

(b) The Tenderer/Contractor shall programme his work at all times to meet the Key Dates and the

Works Area Hand-over Dates specified in the tender documents and the specified interface periods

for the design and installation of the Works with those of the Designated Contractors and shall during

the progress of the Works constantly monitor his progress against the programmes described below.

(c) The Tenderer/Contractor shall include in all programmes his work obligations towards shared

access, shared Site areas and other coincident or adjacent Works Areas.

(d) The Works Programme, and all more detailed or revised versions, shall be submitted to the

Engineer-in-Charge for his consent.

41.2 Methodology

(a)The computerized Critical Path Method (CPM) network using the Precedence Diagramming

Method (PDM), has been selected by the Employer as the technique for contract management system

and in coordinating the multi-contract project. This technique shall also be employed by the Tenderer

in preparing their Tender submissions and by the Contractor in their Construction Stage submissions.

(b) Unless otherwise agreed by the Engineer-in-Charge, all programmes submitted by the Contractor

shall be produced using computerized Critical Path Method (CPM) Networks developed

implementing the Precedence Diagramming Method (DPM) with Cost Loaded Charts and Tables.

(c) The Contractor shall implement and use throughout the duration of the Contract, a computerized

system to plan, execute, maintain and manage the planning, design, pre-construction, construction,

and sub-contracts in executing the CPM scheduling by PDM. The

reports, documents and data provided shall be an accurate representation of the current status of the

Works and of the work remaining to be accomplished; shall provide a sound basis for identifying

problems, deviations from the planned works, and for making decisions; and shall enable timely

preparation of the same for presentation to the Engineer-in-Charge.


41.3 Programme Management Software

(a) CPM programming software used shall be Microsoft Project, Version 2007 (MSP-2007) or later.

Any other compatible system capable of direct file interchange capability with software program used

by the Employer – can be used with Engineer-in-Charge’s consent. Scheduling software and relevant

instruction manuals, licensed for use in connection with the contract, shall be provided by the

Contractor according to the Employer’s Specifications for Engineer-in-Charge’s use.

(b) The Tenderer may use a system other than MSP-2007 but will be required to demonstrate that full

electronic data transfer to be available and that the various levels of reporting and coding capabilities

are at least equivalent to MSP-2007.

(c) The Contractor shall supply the Engineer-in-Charge with an original licensed copy, including

manuals and approved training of the software and any subsequent versions thereof at no extra cost.

41.4 Submissions

a. The Contractor shall develop his Tender Programme into the Initial Works Programme including

an outline Narrative Statement and submit within 15 days of the date of issue of Work Order and

its more detailed version within 30 days of receiving the Engineer-in- Charge’s consent to the

proposed Initial Works Programme.

b. Activity in the initial works programme should be arranged as per the Works Break Down

Structure (WBS) of the work. The WBS structure of the work would be developed by the

contractor in consultation with the Engineer-in-Charge. Contractor would get the WBS structure

approved by the Engineer-in-Charge.

c. The first Three Month Rolling Programme shall be submitted within 15 days of the date of issue of

Work Order and all subsequent editions shall accompany the Monthly Progress Report. The

Monthly Progress Reports shall also include a Programme Update as described below. These

programmes shall subsequently be updated as described below.

d. Following the Contractor’s Initial Works Programme submission but in any case not later than one

(1) month(s) from the date of award of contract, the contractor shall make submissions of the

detailed Works Programme. The resubmitted programme when approved by the Engineer-in-

Charge shall form the Baseline Programme against which actual progress of the Contract shall be

reckoned. As the work progresses, it may be necessary to update/revise the Baseline programme

but such updating shall only be carried out with the prior consent of the Engineer-in-Charge or

when directed by them.


e. For Initial & Detail Work Programme submissions, one (1) original and six (6) copies each of the

following Programmes and Reports shall be submitted to the Engineer-in-Charge:

1. Programme: Baseline CPM Network

2. Programme: Baseline Milestone based Cost Activity Schedule

3. Baseline Schedule Report

4. Narrative

5. Baseline Physical Progress ‘S’ curve

6. Baseline Resource Charts

f. The Engineer-in-Charge shall review and comment on the Contractor’s programmes and

information submitted. The Engineer will confirm his consent or otherwise of the submissions

within thirty (30) calendar days.

g. The Employer’s Representative shall require the Contractor to resubmit within thirty (30) calendar

days if he is of the opinion that the programmes and information submitted by the Contractor is

unlikely to meet the Contract key dates.

h. If in the opinion of the Engineer-in-Charge, any of the Contractor’s revised programmes or

Baseline Schedule Report is not acceptable, it shall be construed as a failure of the Contractor to

meet a Milestone.

i. Notwithstanding the above, the Engineer-in-Charge may at any time during the course of the

Contract require the Contractor to reproduce the computer-generated Baseline Schedule Report

described above to reflect actual activity dates and generate schedules based upon “what if”

statements. The initial computer-generated report after receiving the Engineer-in-Charge’s consent

will serve as the base against which the contract progress will be measured. Any changes to the

Report reflected in subsequent Baseline Schedule Reports shall also require the Engineer-in-

Charge’s consent.

j. Failure to include any element of work required for performance of the Contract shall not relieve

the Contractor from completing all works required under the Contract to achieve the original or any

extended key completion date.

41.5 Works Programme

a. The Works Programme shall show the Contractor’s plan for organizing and carrying out whole

of the Works.

b. The Works Programme shall be a computerized Critical Path Method (CPM) network

developed using the Precedence Diagramming Method (PDM) and shall be present in bar chart

and time-scaled network diagram format to a weekly or monthly time scale.


c. Tasks in the Works Programme shall be sufficiently detailed to describe activities and events

that include, but are not limited to, the following:

1. Key Dates, and Works Area Hand-over Dates,

2. All physical work to be undertaken in the performance of the Contract obligations,

including Temporary Works,

3. The requested date for issue of any drawings or information by the Engineer-in-Charge,

4. Procurement of major materials and the delivery and/or partial delivery date on Site of

principal items of Contractor’s Equipment.

5. Any off-site work such as production or pre-fabrication of components,

6. Installation of temporary construction facilities,

7. Interface periods of civil works with services such as Electrical, Lifts, Escalators, HVAC,

Plumbing, Fire Fighting, Development works etc.

8. design, supply and/or construction activities of subcontractors,

9. any outside influence which will or may affect the Works.

d. The Works Programme shall show achievement of all Key Dates and Works Area Hand-over

Dates. The Works Programme shall also show all Milestones, but the Milestones shall not be

taken as imposing any constraints that in any way affect the logic or limit any other dates in the

programme.

e. Activity descriptions shall be unique, describing discrete elements of work. Any activity

creating an imposed time or other constraint shall be fully defined by the Contractor.

f. The Works Programme shall be organized in a logical work break down structure including

work stages and phases, and shall clearly indicate the critical path(s).

g. Activity duration shall not exceed 15 days, unless otherwise consented to by the Engineer-in-

Charge, except non-construction activities such as submittals, submittal reviews, procurement

and delivery of materials or equipment and concrete curing. The Contractor shall submit a

Programme/Project Calendar cross reference clearly indicating the allowance for holidays.

h. The Work Programme, in each submission, shall be accompanied by an Activity Report and a

Narrative Statement as described below in both electronic (CD-R) and hard copy format (time

scale logic diagrams in A1 size, reports in A4 size).

i. Activity Report shall list all activities, and events in the Works Programme, sorted by activity

identification number. The Activity Report shall include the following for each activity and

event:

j. activity identification number and description,

k. (ii) duration expressed in Days,

l. (ii) early and late start, & early and late finish dates. Planned start and finish dates,


m. calculated total float and free float,

n. predecessor(s) and successor(s), accompanying relationships and lead/lag duration,

o. imposed time or date constraints,

p. calendar.

a. Narrative Statement

q. The Narrative shall be a comprehensive statement of the Contractor’s plan and approach for

the execution of the Works and the achievement of key dates, handover dates, submission

dates and any intermediate dates. It shall incorporate outline method statements in respect of

major items of work including construction sequences and primary item of plant, Construction

Equipment, Temporary Works and the like. It shall fully explain the reasons for the main logic

links in the Programme and include particulars of how activity duration is established. This

shall include estimated quantities, production rates, and hours per shift, work days per week

and a listing of the major items of Construction Equipment planned for use on the project.

Activities, which may be expedited by use of overtime or additional shifts, shall be identified

and explained. A listing of holidays, and other special non-work days being used for the

computer reports shall be included.

r. Baseline Physical Progress ‘S’ Curve

s. The Contractor shall also submit a forecast Cumulative Physical Progress ‘S’ curve based on

the time-phased distribution of cost in the CPM Network Logic Diagram, expressed in

percentage terms. This ‘S’ curve shall be generated from the computerized CPM Network Logic

Diagram

u. Baseline Resource Charts

v. The Contractor shall also submit a Resource Charts, generated from the Contractor’s CPM

Network Diagram, showing the anticipated manpower and main Construction Equipment usage

during the execution of the Project. All submissions of proposed Works Programmes

subsequently, after approval of the Initial Works Programme, shall include the actual physical

progress of work and forecast of the remaining work. Actual progress shall be stated in percent

complete, remaining duration, and actual start and finish dates for each activity in the Works

Programme.

41.6 Initial Works Programme

a. The Initial Works Programme submitted as under Para 41.4 need not include the full details

given under Para 41.5 above. It should be a condensed version with combined activities of

longer duration but must show clearly how the requirements of the Contract are to be achieved in


the initial work program should be arranged as per the Works Break Down Structure (WBS) of

the work. The WBS structure of the work would be developed by the contractor in consultation

with the Engineer-in-Charge. Contractor would get the WBS structure approved by the

Engineer-in-Charge. The outline Narrative Statement shall be in sufficient detail to clearly show

the Contractor’s intention.

b. Within 30 days of the Engineer-in-Charge’s consent to the Initial Works Programme, the

Contractor shall submit to the Engineer-in-Charge an expanded and more detailed version of the

Initial Works Programme containing all of the information and detail required under Para 46.1.4

above.

41.7 Works Programme Revisions

a. The Contractor shall immediately notify the Engineer-in-Charge in writing of the need

for any changes in the Works Programme, whether due to a change of intention or of

circumstances or for any other reason. Where such proposed change affects timely completion

of the Works or any other Key Date the Contractor shall within fourteen (14) days of the date of

notifying the Engineer-in-Charge submit for the Engineer-in-Charge’s consent its proposed

revised Works Programme and accompanying Narrative Statement. The proposed revised

Works Programme shall show the sequence of operations of any and all works related to the

change and the impact of changed work or changed conditions.

b. If at any time the Engineer-in-Charge considers the actual or anticipated progress of

the work reflects a significant deviation from the Works Programme, he may request the

Contractor to submit a proposed revised Programme which together with an accompanying

Activity Report and Narrative Statement, shall be submitted by the Contractor within fourteen

(14) days after the Engineer-in-Charge’s instruction. The proposed revised Works Programme

shall show the sequence of operations of any and all work related to the change and the impact

of changed work or changed conditions.

c. All activities that have negative float must be analyzed by the Contractor to identify

the impact on the timely completion of the Works or on the achievement of Key Dates. within

these periods. In particular, the Contractor shall expand each activity planned to occur during

the next three (3) month period, if necessary to a daily level of detail.

d. The Three Month Rolling Programme shall be developed as a Critical Path Method

(CPM) network, and shall be presented in bar chart and time-scaled network diagram format.

Bar charts shall be presented on an A4 and time-scaled networks diagrams on an A1 size

reproducible media. Tasks in the programme shall be derivatives of and directly related to tasks

in the approved Works Programme.


e. The Contractor shall describe the discrete work elements and work element inter-

relationships necessary to complete all works and any separable parts thereof including work

assigned to subcontractors.

f. Activity duration shall not exceed two (2) weeks unless otherwise consented to by the

Engineer-in-Charge.

g. Each activity in the Three Month Rolling Programme shall be coded, or described so

as clearly to indicate the corresponding activity in the Works Programme.

41.8 Three Month Rolling Programme Revision and Update

a. The Three Month Rolling Programme shall be extended forward each month as described

under Para 46.1.5(a) above. Each submission of the Three Month Rolling Programme shall be

accompanied by a Programme Analysis Report, describing actual progress to date, and the

forecast for activities occurring over the next three-month period.

b. If the Three Month Rolling Programme is at variance with the Works Programme, the

Programme Analysis Report shall be accompanied by a supporting Narrative Statement

describing the Contractor’s plan for the execution of the activities to be undertaken over the

three month period, including programme assumptions and methods to be employed in

achieving timely completion.

c. The Contractor shall revise the Three Month Rolling Programme or propose revisions of the

Works Programme, or both, from time to time as may be appropriate to ensure consistency

between them.

41.9 Three Week Rolling Bar Chart Schedule

Once a week, on a day mutually agreed to by the Engineer-in-Charge and The Contractor shall

revise the Three Month Rolling Programme or propose revisions of the Works Programme, or

both, from time to time as may be appropriate to ensure consistency between them.

46.1.10 Three Week Rolling Bar Chart Schedule

Once a week, on a day mutually agreed to by the Engineer-in-Charge and the Contractor, a

meeting will be held to assess progress by the Contractor during the previous week. The

Contractor shall submit a construction schedule listing activities completed and in-progress

from the previous week and the activities scheduled for the succeeding two weeks based on

the detailed Works Programme. Copies of the schedule shall be submitted on A3 sized papers.


41.10 Project Calendar

For the Project, the Contractor shall adopt 7 days a week calendar, identical calendar for the

purpose of programming and Execution of Works. Official documents shall be transacted

during 5 days week – Monday through Friday, except for National (Govt. of India) Holidays.

For Project purposes, a week begins at 0001 hours on a Monday and ends at 23:59 hours on a

Sunday. The completion of an activity or the achievement of an event when given a week

number shall be taken to mean midnight on the Sunday at the end of the numbered week. An

access date or activity start date when given as a week number shall be taken to mean 0001

hours on a Monday of the Numbered week.

41.11 Programming Personnel

The Contractor shall submit, as part of its Staff Organization Plan, the names and required

information for the staff to be employed on Works Programming. The principal Works

Programmer shall hold reputable professional qualifications acceptable to the Engineer-in-

Charge including at least five (5) years relevant experience in programming civil engineering

works. Others in the group shall have at least three (3) years’ experience in such work. The

programmers shall be employed by the Contractor full time on the Contract until the

completion or such earlier time the Engineer-in-Charge may give his consent.

41.12 Programme and Report Submission Format

The Contractor shall submit one (1) original and six (6) copies and one (1) reproducible (for

Programmes) of all submissions to the Engineer-in-Charge. All submissions shall be in A0, A1,

A3 or A4 size, as appropriate except as may otherwise be agreed by the Engineer-in-Charge. In

addition, the computerized programme and report shall be submitted in compatible discs.

42. Monthly Progress Reports

42.1 General

(a) The Contractor shall submit to the Engineer-in-Charge, a Monthly Progress Report. This

Report shall be submitted by the end of each calendar month and shall account for all work

actually performed from 26th day of the last month and up to and including the twentyfifty

(25th) day of the month of the submission. It shall be submitted in a format to which the

Engineer-in-Charge shall have given his consent and shall contain sections/sub-sections for,

but not be limited to, the topics listed in clauses below.


42.2 Financial Status

a. A narrative review of all significant financial matters, and actions proposed or taken in respect

to any outstanding matters. (b) A spread sheet summarizing each Cost Center, the budget, costs

incurred during the period, costs to date, costs to go, cost forecast (total of costs to date and

costs to go) and cost variance (difference between cost forecast and budget).

b. A spread sheet indicating the status of all payments due and made.

c. A report on of the status of any outstanding claims. The report shall in particular provide

interim updated accounts of continuing claims.

42.3 Physical Progress

a. It shall describe the status of work performed, significant accomplishments, including critical

items and problem areas, corrective actions taken or planned and other pertinent activities, and

shall, in particular, address interface issues, problems and resolutions.

b. It shall include a simplified representation of progress measured in percentage terms compared

with percentage planned as derived from the Works Programme.

42.4 Programme Update (For Entire Project)

Programme updating shall include:

(a) the monthly Programme Update which shall be prepared by recording actual activity

completion dates and percentage of activities completed up to the twenty-fifty (25th) of the

month together with estimates of remaining duration and expected activity completion based on

current progress. The Programme Update shall be accompanied by an Activity Report and a

Narrative Statement. The Narrative Statement shall explain the basis of the Contractor’s

submittal.

(i) Early Work and Baseline Submittals – explains determination of activity duration and

describes the Contractor’s approach for meeting required Key Dates as specified in the

Contract.

(ii) Updated Detail Programme Submittals – state in narrative the Works actually completed

and reflected along Critical Path in terms of days ahead or behind allowable dates. Specific

requirements of narrative are:

• If the Updated Detailed Work Programme indicates an actual or potential delay to Contract

Completion date or Key Dates, identify causes of delays and provide explanation of Work

affected and proposed corrective action to meet Key Dates or mitigate potential delays.

Identify deviation from previous month’s critical path.

• Identify by activity number and description, activities in progress and activities scheduled to

be completed.


• Discuss Variation Order Work Items, if any.

(b) the Programme Status which shall :

(i) show Works Programme status up to and including the current report period, display

Cumulative progress to date and a forecast of remaining work.

(ii) be presented as a bar-chart size A3 or A4 and as a time A report on the status of all Milestones

due to have been achieved during the month and forecasts of achievement of any missed

Milestones, and those due in the next month.

42.5 Three Month Rolling Programme

The monthly issue of the Three Month Rolling Programme.

42.6 In case of failure of the Contractor to make submissions as per section

The Employer/Engineer-in-Charge shall retain 5% of the due progress payment till the submissions.

For non-submission of Monthly Update and Progress Reports as per Para 28 herein, above the

Employer/Engineer-in- Charge shall retain 5% of the due progress payment in each case which shall

be released upon submission of the same. In case the submissions are not made in the month it is due,

the retained payment would be released only in the next Monthly Running Bill.

42.7 Procurement Report

a. A summary of all significant procurement activities during the month, including action taken to

overcome problems.

b. A report listing major items of plant and materials which will be incorporated into the Works.

The items shall be segregated by type as listed in the Specifications and the report should show

as a minimum the following activities:

i. Purchase Order Date – Scheduled/Actual,

ii. Manufacturer/Supplier and Origin,

iii. Letter of Credit Issued Date,

iv. Manufacturer/Supplier Ship Date – Scheduled/Actual,

v. Method of Shipment,

vi. Arrival Date – Scheduled/Actual.

42.8 Production and Testing

a. A review of all production and manufacturing activities during the month.

b. Summaries of all production and manufacturing outputs during the month together with

forecasts for the next month.


c. Review of all testing activities (both at site or at the manufacturer’s premises) during the

month

43. Environmental Protection Requirements

43.1 General

a. The Contractor shall conform to the Indian Environmental Laws and codes as applicable. The

current national standards established by the Ministry of Environment and Forest,

Government of India and other government agencies for control of environmental pollutants

b. such as air, water, noise and visual impacts/aesthetics shall be followed for compliance during

project construction.

c. The Contractor shall comply with all enactments which shall include but are not limited to:

i. Environment Protection Act, 1986

ii. Air (Prevention and control of Pollution) Act, 1981

iii. Water (Prevention and Control of Pollution) Act, 1974

d. The provisions listed herein regarding Environmental Protection shall apply to and be binding

upon the Contractor for any works on the site and the persons employed by Sub-Contractors.

The Contractor shall ensure that proper and adequate provisions to this end are included in all

sub- contracts placed by him.

e. The provisions of this Para however, shall not be applicable in the case of emergency works

necessary for saving of life and property or safety of the Works.

f. Within 4 weeks of notification of acceptance of the Tender, the Contractor shall submit for

review by the Engineer-in-Charge, his own contract specific Site Environmental Plan and his

construction methodology.

g. This contract specific Site Environmental Plan of the Contractor shall be consistent with the

provisions of the Environmental Management Plan outline.

h. The Contractor shall undertake environmental monitoring as required under the contract,

including setting up of monitoring stations.

i. The Contractor shall ensure that audits of all the activities detailed in his Site Environmental

Plan are carried out at weekly intervals or at such intervals as the Engineer-in-Charge may

require to ensure the continuing effectiveness and compliance with the Site Environmental

Plan. The Contractor shall make available on request any document, which relates to his

recent internal audits.

j. The Engineer-in-Charge may conduct quarterly Audits of the Contractor’s Site Environmental

Plan and its effective implementation on the works site. Not less than 2 weeks’ notice will be

given by the Engineer-in- Charge. During the audit by the Engineer-in-Charge, the Contractor

shall provide suitably qualified staff to accompany the auditor.


k. Running on account payment will be released after the following milestones are achieved and

Engineer-in-Charge has issued a ‘Notice of No Objection’ or a Notice of No Objection

subject to ……(specifying the condition):

(i) Release of on-account payment after two months of signing the contract agreement – On

submittal of Site Environment Plan duly approved by Engineer-in-Charge. Otherwise 10%

of the running bill will be withheld till compliance.

(ii) Closure of Non-Conformance Report – Action taken on noncompliance and its closure to be

ensured within 15 days of issue of non-conformance report. In case of non-closure of report,

running on-account bill will be withheld @ 1% of amount for every non closure, till the same

are closed satisfactorily.

(iii) Release of on-account payment after four months and thereafter every 3 months from the date

of start of work – On submittal of Environment Audit Report duly reviewed by Engineer-in-

Charge and Action Taken Report. Otherwise 10% of the running bill wi l l be withheld till

compliance.

(iv) Release of Final bill –

• Closure of all non-conformance reports

• Submittal of all environmental documented and pertaining to monitoring and

accountability including Environment Manual & Procedures

(v) Requirements established in this Appendix shall apply to all sites and all activities of the

Contractor, and shall supplement the Employer’s Requirements – Construction.

43.2 Avoidance of Nuisance

The Contractor shall take all precautions to avoid any nuisance arising from his operations. This

shall be accomplished, wherever possible by suppression of nuisance at source rather than

abatement of the nuisance once generated.

(a) Following site clearing and before construction, the Contractor shall remove all trash, debris

and other weeds.

(b) The Contractor shall ensure that the work place is free of trash, garbage, debris and weeds. He

shall provide and ensure proper uses of refuse containers to ensure that rodents, flee and other

pests are not harbored and attracted.

(c) The Contractor shall provide at site, metal or heavy-duty plastic ‘Refuse Containers’ with tight

fitting lids for disposal of all garbage or trash associated with food. The containers shall not

have openings that allow access by rodents.


(d) To keep the area free of litter and garbage, specific locations shall be designated for consuming

food and snacks to prevent random disposal of waste. All waste shall be deposited in the refuse

containers described in (c) above. Suitable notice shall be deployed

prominently for strict compliance of these requirements.

(e) The refuse containers shall be kept upright with their lids shut tight. These containers shall be

emptied at least once daily by the Contractor to maintain site sanitation.

43.3 Air Quality

a. The Contractor shall take all necessary precautions to minimize fugitive dust

emissions from operations involving excavation, grading, clearing of land and disposal

of waste. He shall not allow emissions of fugitive dust from any transport, handling,

construction or storage activity to remain visible in atmosphere beyond the property

line of emission source for any prolonged period of time without notification to the

Engineer-in-Charge.

b. The Contractor shall use construction equipment designed and equipped to minimize

or control air pollution. He shall maintain evidence of such design and equipment and

make these available for inspection by Engineer-in-Charge.

c. If after commencement of construction activity, Engineer-in-Charge believes that the

Contractor’s equipment or methods of working are causing unacceptable air pollution

impacts then these shall be inspected and remedial proposals shall be drawn up by the

Contractor, submitted for review to the Engineer-in-Charge and implemented.

d. In developing these remedial measures, the Contractor shall inspect and review all

dust sources that may be contributing to air pollution. Remedial measures include use

of additional/alternative equipment by the Contractor or maintenance/modification of

existing equipment of the Contractor.

e. Dust generating materials shall be:

i) Transported in closed containers or covered trucks.

ii) Loaded and unloaded in closed systems or wind protected areas.

iii) Watered as appropriate to minimize dust production.

f. Contractor’s transport vehicles and other equipment shall conform to emission

standards fixed by Statutory Agencies of Government of India from time to time at

Delhi. The Contractor shall carry out periodical checks and undertake remedial

measures including replacement, if required, so as to operate within permissible

norms.


g. In the event that approved remedial measures are not being implemented and serious

impacts persist, the Engineer-in-Charge may direct the Contractor to suspend work

until the measures are implemented, as required under the Contract.

h. The Contractor shall cover loads of materials, debris and soil transported from

construction sites. All trucks carrying loose material should be covered and loaded

with sufficient free-board to avoid spills through the tail board or side boards.

i. The Contractor shall be responsible for ensuring that no earth, rock or debris is

deposited on public or private right of way as a result of his operations, including any

deposits arising from the movement of loaded/unloaded trucks and/or other

construction vehicles.

j. The Contractor shall make his own arrangements for water for purposes stated in

above clauses and wherever it may be required to control air pollution, dust and

debris.

k. The Contractor shall establish and maintain records of routine maintenance

programme for internal combustion engine powered vehicles and equipment used on

this project. He shall keep records available for inspection by Engineer-in-Charge.

l. The Contractor shall promptly transport all excavation disposal materials of whatever

kind so as not to delay work on the project. Stockpiling of materials will only be

allowed at sites designated by the Engineer-in- Charge.

m. The Contractor shall protect structures, utilities, pavements and other facilities from

disfiguration and damage.

n. The Contractor shall place excavation materials in the dumping/disposal areas

designated in the plans as given in the specifications.

o. The temporary dumping areas shall be maintained by the Contractor at all times until

the excavate is re-utilized for backfilling or as directed by Engineer-in-Charge.

p. The Contractor shall place material in a manner that will minimize dust production.

Material shall be stabilized each day and wetted, to minimize dust production.

q. During dry weather, dust control methods must be used daily especially on windy, dry

days to prevent any dust from blowing across the site perimeter.

r. The Contractor will make water sprinklers, water supply and water delivering

equipment available at any time that it is required for dust control use.

s. Dust control activities shall continue even during any work stoppage.

t. The Contractor shall water down construction sites as required to suppress dust, during

handling of excavation soil or debris or during demolition.


u. At each construction site, the Contractor shall provide storage facilities for dust

generating materials and shall be:

(i) Closed containers/bins or;

(ii) Wind protected shelters or;

(iii) Mat covering or;

(iv) Walled, Or any combination of the above to the satisfaction of the Engineer-in-

Charge.

(v) The Contractor shall submit to the Engineer-in-Charge an Air Monitoring and

Control Plan (AMCP) under contract specific Site Environmental Plan to guide

construction activity insofar as it relates to monitoring, controlling and mitigation

air pollution.

43.4 Water Quality

a. The Contractor shall comply with the Indian Government legislation and other State

regulations in existence in so far as they relate to water pollution control and

monitoring.

b. The Contractor shall provide adequate precautions to ensure that no spoil or debris of

any kind is pushed, washed, falls or deposited on land adjacent to the site perimeter.

In the event of any spoil or debris from construction works being deposited on

adjacent land any silt washed down to any area, then all such spoil, debris or material

and silt shall be immediately removed and the affected land and areas restored to their

natural state by the Contractor to the satisfaction of the Engineer-in-Charge.

c. Due to lowering of potable water supplies and subsequent contamination of ground

water, the Contractor is not allowed to discharge water from the site without the

approval of the Engineer-in-Charge. The Contractor must comply with the

requirements of the Central Ground Water Board for discharge of water arising from

dewatering. Any water obtained from dewatering systems installed in the works must

be either re-used for construction purposes and this water may subsequently be

discharged to the drainage system or, if not re-used, recharged to the ground water at

suitable aquifer levels. The Contractor must submit his proposals for approval of

Engineer-in-Charge, on his proposed locations of dewatering of excavation and

collection of water for either construction re-use or recharge directly to aquifers. The

Contractor’s recharge proposals must be sufficient for recharging of the quantity of

water remaining after deduction of water re-used for construction. The Contractor will

not be permitted to directly discharge, to the drainage system, unused ground water


obtaining from the excavation without obtaining approval of Engineer-in-Charge or

the Agency controlling the system.

d. The Contractor shall prevent soil particles and debris from entering the wells or water

discharge points by use of filters and sedimentation basins as required.

e. The Contractor shall provide treatment facilities as necessary to prevent the discharge

of contaminated ground water.

f. The Contractor shall at all times ensure that all existing stream courses and drains

within, and adjacent to the site are kept safe and free from any debris and any

excavated materials arising from the Works. The Contractor shall ensure that earth,

chemicals and concrete agitator washings etc. are not deposited in the watercourses

but are suitably treated and effluents and residue disposed off in a manner approved by

local authorities.

g. All water and waste products (surface runoff and wastewater) arising on the site shall

be collected and removed from the site via a suitable and properly designed temporary

drainage system and disposed off at a location and in a manner that will cause neither

pollution nor nuisance.

h. Any mud slurry from drilling, grouting etc. shall not be discharged into the drainage

system unless treatment is carried out that will remove silt, mud particles, etc.

i. The Contractor shall discharge waste water arising out of site office, canteen or toilet

facilities constructed by him into sewers after obtaining prior approval of agency

controlling the system. A wastewater drainage system shall be provided to drain

wastewater into the sewerage system.

j. Oil removal / interceptors shall be provided to treat oil waste.

k. The Contractor shall take measures to prevent discharge of oil and grease during

spillage from reaching drainage system or any water body through Spill Prevention

and Control Plan.

43.5 Noise

43.5.1 General

a. The Contractor shall consider noise as an environmental constraint in his design,

planning and execution of the Works. The Contractor shall, at his own expense, take

all appropriate measures to ensure that work carried out by the Contractor and by his

sub-Contractors, whether on or off the Site, will not cause any unnecessary or


excessive noise which may disturb the occupants of any nearby dwellings, schools,

hospitals, or premises with similar sensitivity to noise.

b. Without prejudice to the generality of the foregoing, noise level reduction measures

shall include the following:

1. The Contractor shall ensure that all powered mechanical equipment used in the

Works shall be effectively sound reduced using the most modern techniques

available including but not limited to silencers and mufflers.

2. The Contractor shall construct acoustic screens or enclosures around any parts of

the Works from which excessive noise may be generated.

c. The Contractor shall ensure that noise generated by work carried out by the Contractor

and his sub-Contractors during day time and night time shall not exceed the maximum

permissible noise limits, whether continuously or intermittently. In the event of a

breach of this requirement, the Contractor shall immediately re-deploy or adjust the

relevant equipment or take other appropriate measures to reduce the noise levels and

thereafter maintain them at levels which do not exceed the said limits. Such measures

may include without limitation the temporary or permanent cessation of use of certain

items of equipment.

43.5.2 Control Requirements

Construction material should be handled and transported in such a manner as not to create

unnecessary noise as outlined below. Under the Contract, the Contractor shall:

a. Perform Work within the procedures outlined herein and comply with applicable

codes, regulations, and standards established by the Central and State Government and

their agencies.

b. Keep noise to the lowest reasonably practicable level. Appropriate measures will be

taken to ensure that construction works will not cause any unnecessary or excessive

noise, which may disturb the occupants of any nearby dwellings, schools, hospitals or

premises with similar sensitivity to noise. Use equipment with effective noises up

pression devices and employ other noise control measures as to protect the public.

c. Schedule and conduct operations in a manner that will minimize, to the greatest extent

feasible, the disturbance to the public in areas adjacent to the construction activities

and to occupants of buildings in the vicinity of the construction activities.

d. The Contractor shall submit to the Engineer-in-Charge a Noise Monitoring and

Control Plan (NMCP) under contract specific Site Environmental Plan. It shall include

full and comprehensive details of all powered mechanical equipment, which he


proposes to use during daytime and night time and of his proposed working methods

and noise level reduction measures. The NMCP shall include detail led noise

calculations to demonstrate the anticipated noise generation by the Contractor.

e. The NMCP prepared by the Contractor shall guide the implementation of construction

activity. The NMCP will be reviewed on a regular basis and updated as necessary to

assure that current construction activities are addressed. It shall appear as a regular

agenda item in project coordination meetings.

43.6 Waste

a. The Contractor shall handle waste in a manner that ensures they are held securely

without loss or leakage thus minimizing potential for pollution.

b. The Contractor shall remove waste in a timely manner. Scrap and waste material shall

be removed and disposed off at landfill sites after obtaining approval of Conservancy

and Sanitation Engineering Department of Pimpri Chincwad Municipal Corporation

for its disposal.

c. Burning of wastes is prohibited. The Contractor shall not burn debris or vegetation or

construction waste on the site but remove it in accordance with (b) above.

d. The Contractor shall maintain and clean waste storage areas regularly.

e. If encountered or generated as a result of Contractor’s activity, then waste classified as

hazardous under the “Hazardous Wastes (Management & Handling) Rules 1989 and

chemicals classified as hazardous chemicals under Manufacture, Storage and Import

of Hazardous Chemical Rules 1989 and Environment (Protection) Act, 1986 shall be

disposed off in a manner in compliance with the procedure given in the rules under the

aforesaid act.

43.7 Prevention of Mosquito Breeding

i. Measures shall be taken to prevent mosquito breeding at site. The measures to be taken shall

include:

ii. empty cans, oil drums, packing and other receptacles which may retain water shall be

deposited at a central collection point and shall be removed from the Site regularly;

iii. still waters shall be treated at least once every week with oil in order to prevent mosquito

breeding;


iv. Contractor’s Equipment and other items on the Site which may retain water shall be stored,

covered or treated in such a manner that water could not be retained.

v. Water storage tanks shall be suitably provided. Posters in both Hindi and English which draw

attention to the dangers of permitting mosquito breeding shall be displayed prominently on

the Site.

44. Insurance

44.1 Insurance Policies

Before commencing the execution of works, the Contractor, without limiting his obligations

and responsibilities under this contract, shall insure against his liability for any material or

physical damage, loss or injury which may occur to any property, including that of the Owner

or to any person including any employee of the Owner or a member of the general public, by or

arising out of the execution of the works or in carrying out of the contract. Unless otherwise,

stipulated elsewhere in this contract, it shall be obligatory for the Contractor to obtain the

insurance cover under the following policies :

a. Contractor’s All Risk Insurance Policy to cover the following:

i. Entire contract value including cost of materials supplied by the Owner, if any for the period of

completion including defects liability period.

ii. Third party insurance to cover for any damages to third party. This shall be up to the period of

completion of work only.

iii. Policy should cover Civil commotion, riots and other similar disturbances.

b. Policy to cover Contractor’s liability under workmen’s Compensation Act, 1923, Minimum

Wages Act 1948, Contract Labour (Regulation and Abolition) Act 1970 and other relevant

Acts listed elsewhere. This shall be for the period of completion of work.

c. Insurance cover against damage, theft or any other loss of all materials and equipment brought

to site for which advance payment is claimed limit of liability not less than the value of such

materials at any stage of the contract. The Contractor shall insure against all such liabilities and

shall continue such insurance during the whole of the time when any persons employed by him

are on the works. The Contractor shall produce certificates of Insurance to the Engineer-in-

Charge. These certificates shall be fully executed and shall state that the policies cannot be

cancelled until ten (10) days after written notice of such cancellation has been given to the

Owner. The Contractor shall obtain written certificates or similar certificates from all sub-

contractors and thereby assume responsibility for any claims or losses to the Owner resulting

from failure of any of the subcontractors to obtain adequate insurance protection in connection

with their work.


44.2 Failure to Insure

If the Contractor fails to comply with the terms of this condition, the Owner may affect the

Insurance and deduct the expenses from any moneys that may be or become payable to the

Contractor or may, at his option, refuse payment of any certificate to the Contractor until the

Contractor complies with this condition.

44.3 No Limit to Liability

In addition to the liability imposed by law upon the Contractor for injury (including death) to

persons or damage to property by reason of the negligence of the Contractor or his agents,

which liability is not impaired or otherwise affected hereby, the Contractor hereby assumes

liability for and agrees to save the Owner harmless and indemnifies him from every expense,

liability or payment by reason of any injury (including death) to persons or damage, to

property suffered through any act of omission of the Contractor, or any of his Sub-Contractors,

or any person directly or indirectly employed by any of them or from the conditions of the

premises or any part of the premises which is in the control of the Contractor or any of his sub-

contractors, or any one directly or indirectly employed by either of them, or arising in any way

from the work called for by this contract.

45. Though the scope of agreement covers entire work, the work shall be restricted to the approval

of MHADA / P.H.A.D.B. If the work of tenements/buildings is restricted due any reason in

future, no compensation whatsoever nature shall be payable.

46. The Construction Agency, in order to have quality assurance and proper systematic record,

shall purchase the printed copy of the Site Register available with V.Q.C. Lab/MHADA, Mumbai

the Executive Engineer-in-charge, or any other authorities of M.H.& A.D.A. as the case may be at the

cost of Rs.300/- or the prevailing cost per copy at the time of purchase, and made available to the

Executive Engineer-in-charge of the work or to his authorized subordinates at work site for proper

and systematic maintaining, recording and entering the required information in the said printed Site

Register for each building. The site Printed Register shall be furnished to the Engineer-in-charge for

observation and recording orders/ instructions if any, as far as possible wherever applicable all the

site instructions, record of testing of various materials and their consumption are to be recorded and

entered in the same printed Site Register at proper place and prescribed formation given in the

register.

The record and entries shall be made and signed by M.H. & A.D.A. Engineer-in-charge of

work at site. i.e, Junior Engineer, Assistant Engineer, Deputy Engineer or Consultant, as per


procedure in force, for maintaining other site register. Similarly, the said Printed Register shall also

be invariably signed by the Construction Agency or their authorized representative working at site.

The printed Site Register may be submitted along with R.A. Bills as per requirement and

procedure (every 4th R.A. Bill or as directed by the Engineer-in-charge) to the office of the Executive

Engineer-in-charge of Division to ensure proper record and proper quality assurance.

This Site Register on completion of work shall invariably submitted along with final bill to

the office of the Executive Engineer for permanent record in division office.

47. The Bidder shall obtain necessary “No Objection Certificate” from Health Deptt. of PCMC

or concerned local Authorities under Maharashtra Non-biodegradable Garbage (Control) Ordinance

2006 (Mah Ord. IV of 2006) and Maharashtra Public Carry (Manufacturer and Usage) Rules 2006

and shall bear all the expenses towards this and no claims whatsoever shall be entertained by

M.H.A.D.A.

48. The skilled construction workers engaged on site of work/ project by the Bidder/ Agency

shall be trained by Builder’s Association of India’s Training Institute and shall be possessing

certificate thereof issued by NCCET, which is a body setup by BAI to develop strategies to perform

the test. The Bidder/ Agency shall ensure that the skilled construction workers engaged on the work

site are trained by BAI and all are having Orange Band and Green Band certificate by BAI's National

Council for Construction education and Training.

49. Successful Bidder shall have to obtain License having registered with Assistant Commissioner of Labour as per Contract Labour (Regulation and Abolition) Act 1970 and The Maharashtra Contract Labour (Regulation and Abolition) Rules 1970.

50. Temporary Works

All temporary works necessary for the proper execution of the Works shall be provided and maintained by the Contractor at his cost and subject to the consent of the Consultant shall be removed by Contractor at his own expense when they are no longer required and in such manner as the Consultant shall direct. In case the Contractor fails to remove the temporary Works on completion the Consultant is authorized to get the same removed and recover the cost thereof from the Contractor

50.1 Access for Consultant The Contractor shall allow at all times the Consultant or the

Consultant’s assistant or any other person authorised by the access to the Site and to any place where

work in connection with the Contract is being carried out or is intended to be carried out and to any

place where materials or plant are being manufactured, fabricated and/or assembled for the Works.


The Contractor shall ensure that sub contracts if any shall contain provisions entitling the Consultant

or any person authorized by him to have such access.

50.2 Access road and way leaves

Providing access roads / way leaves to the site will be Contractor’s responsibility.

50.3 Contractor to keep site clear

During the execution of the Works, the Contractor shall keep the Site free from all unnecessary

obstruction, and shall store or dispose of any Contractor’s Equipment or surplus materials. The

Contractor shall clear away and remove from the Site any wreckage, rubbish or Temporary Works no

longer required.

On completion of the works, the Contractor shall clear away and remove from site all Constructional

Plant, surplus material and Temporary Works. He should leave the whole of the site and Works in a

clean, tidy and workman like condition to the satisfaction of the Consultant.

On completion of Work the Contractor shall also clear away the labour camps, hutments and other

related installations and restore the land to its original condition to the satisfaction of the Consultant

within 45 days of the physical completion of Work. The cost on account of delay in return of land

and reinstatement of original condition within the stipulated time as determined by Consultant will be

recovered from the Contractor’s dues'.

No final payment in settlement of the accounts for Works shall be made till, in addition to any other

condition necessary for such final payment, site clearance and clearances of labour camps etc shall

have been effected by him. Such clearance may be made by the Consultant through any other agency

at the expense of the Contractor in the event of the Contractor’s failure to comply with this provision

within 7 days after receiving notice to that effect from the Consultant. All expenses on such removal

/• clearance shall be debitable to the Contractor as loans due from the Contractor to the Employer,

and the Employer shall be competent to recover the same from Contractor’s on- account or final bills,

or from Performance Security amount or from any other amount payable to the Contractor in any

other Contract.

50.4. Security of the site and works.

The Contractor shall be wholly responsible for security of site and Works. Unless otherwise stated in

Special Conditions of Contract

a) the Contractor shall be responsible for keeping unauthorized persons off the site ; and

b) Authorized persons shall be limited to the Employees of the Contractor, Subcontractor or persons

authorized by the Consultant.


50.5. Contractors operations on the site

The Contractor shall confine his operations to the Site, and to any additional area which may be

provided to the Contractor and agreed by the Consultant as working areas. The Contractor shall take

all necessary precautions to keep his personnel and equipment within the Site and such additional

areas, and to keep and prohibit them from encroaching on adjacent land.

50.6. Discoveries

All fossils, coins, articles of value or antiquity and structures and other remains or things of

geological or archaeological interest, in addition to oil and other minerals discovered on the Site shall

be the absolute property of the Government of India and the Contractor shall take all the necessary

precautions to prevent its workmen or its sub-contractors workmen or any other person from

removing or damaging any such article or thing and shall immediately upon discovery thereof,

acquaint the Consultant of such discovery and carry out the instructions of the Consultant.

50.7. Publicity

The Contractor shall not publish or otherwise circulate alone or in conjunction with any other person,

any articles, photographs or other materials relating to the Contract, the Site, the works, the Project or

any part thereof, nor impart to the press, or any radio or television network any information relating

thereto, nor allow any representative of the .media access to the Site, Contractor's Works Areas, or

off-Site place of manufacture, or storage except with the permission, in writing, of the Employer. The

Contractor shall ensure that his sub-contractors of any tier shall be bound by a like obligation and

shall, if so required by the Employer, enforce the same at his own expense. The provisions of this

Sub-Clause shall not exempt the Contractor from complying with any statutory provision in regard to

the taking and publication of photographs.

51.1. Disclosure of Relationship If the Contractor or any partner of the Contractor or Director

of the Contractor's company is closely related to any of the Officers of the Employer or the

Consultant, or alternatively, if any, close relative of an officer of the Employer or the Consultant

has financial interest / stake in the Contractor's firm, the same shall be disclosed by the Contractor

at the time of filing his tender. Any failure to disclose the interest involved, shall entitle the

Employer to rescind the Contract, without payment of any compensation to the Contractor. The

Contractor shall note that he is prohibited from developing such interest during the Contract

period


51.2 . Corrupt or fraudulent practices

The Employer requires that the Tenderers/Contractors observe the highest standards of ethics

during Tendering and execution of this Contract. In pursuance with this policy, the Employer:

a. defines, for the purpose of these provisions, the terms set forth below as follows:

(i) "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to

Employer, Consultant or any of their employees, influence in the procurement process or in

Contract execution; and .

(ii) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement

process or the execution of a Contract to the detriment of the Employer, .includes collusive

practice among Tenderers (prior to or after tender submission ) designed to establish tender

prices at artificial non-competitive levels end to deprive the Employer of the benefits of free and

open competition.

b. Will reject the Tender for the Work or rescind the Contract if the Employer determines that the

Tenderer/Contractor has engaged in corrupt or fraudulent practices.

c. Will declare a Contractor ineligible, either indefinitely or for a stated period of time, to be

awarded a Contract's if he at any time determines that the Contractor has engaged in corrupt or

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

Compensation to Contractor on rescission of Contract under this clause

52. In the event of rescission of Contract under Sub-clause 51.2, the Contractor shall not be

entitled to any compensation whatsoever, except for the work done up to the date of rescission

53. Confidentiality of Information

a) The Contractor shall not use or divulge, except for the purpose of the Contract or with the

written permission of the Employer, any information relating to the Works or the Project

provided in the Contract otherwise provided by the Employer, or the Consultant. The Contractor

shall ensure that his sub - contractors of any tier shall be bound by a like confidentiality

undertaking The Employer and the Consultant and any third party to whom an assignment has

been made in accordance with relevant clause use any information

b) Provided by the contractor in accordance with the Contract. The Employer shall use

reasonable endeavors to ensure that the Consultant and any third party referred to in aforesaid Clause

shall not, divulge such information except for any purpose connected with the Contract.


c) As-Built Drawings and Documents

The Contractor shall assist consultant, and keep up-to-date, a complete set of "as-built" records of

the execution of the Works, showing the exact "as-built" locations, sizes and details of the Works as

executed, with cross references to relevant specifications and data sheets. These records shall be kept

on the Site and shall be used exclusively for the purposes of this Clause. Six copies shall be submitted

to the Consultant prior to the commencement of the Tests on Completion.

In addition, the Contractor shall prepare and submit to the Consultant "as-built drawings" of the

Works, showing all Works as executed. The drawings shall be prepared as the Works proceed, and

shall be submitted to the Consultant for his inspection. The Contractor shall obtain the consent of the

Consultant as to their size, the referencing system, and other pertinent details.

Prior to the issue of any Taking Over Certificate, the Contractor shall submit to the Consultant one

microfiche copy, one full-size original copy and six printed copies of the relevant "as-built

drawings", and any further Construction and/or Manufacture Documents specified in the Employers

Requirements. The Works shall not be considered to be completed for the purposes of Taking Over

under Sub-Clause 9.1 until such documents have been submitted to the Consultant.

53. ERRORS, OMISSIONS AND DISCREPANCIES IN SPECIFICATIONS AND

DRAWINGS

53.1 It shall be the responsibility of the Contractor to promptly bring to the notice of Engineer in

charge/Consultant any error, omission, fault, defects or discrepancy in the contract documents,

specifications and drawings for the work which are discovered while reviewing the contract

documents or in the process of execution of the works and obtain his orders thereon. In case any

feature of the work is not fully described and set forth in the drawings and specifications, the

Contractor shall forthwith apply to the Engineer in charge/Consultant for further instructions,

drawings or specifications.

53.2 Only stated dimensions are to be taken and not those obtained from scaling drawings.

53.3 In case of errors, omissions, faults, defects and/or disagreement on the drawings or between

the drawings and specifications the following principles shall be followed,

53.4 As between the written description or written dimensions on the drawing and the

corresponding one in the specifications, the former shall apply

53.5 As between the written description of the item in Bill of Quantities and the detailed

description in the specification of the same item, the former shall prevail.

53.6 The drawings on a large scale shall take precedence over those on a smaller scale: and

53.7 Drawings approved as construction drawings from time to time shall supersede

corresponding drawings previously approved


54. Representation of work

Unless the Contractor's Representative is named in the Contract, the Contractor shall, within 14 days

of Notice to Proceed, submit to the Engineer in charge/Consultant for consent the name and

particulars of the person the Contractor proposes to appoint. The Contractor shall not revoke the

appointment of the Contractor's Representative without the prior consent of the Engineer in

charge/Consultant. The Contractor’s Representative so nominated shall have full authority to act on

behalf of the Contractor. The Contractor's Representative shall give his whole time to directing the

preparation of the Construction and/or Manufacture Documents and the execution of the Works. The

Contractor’s Representative shall receive (on behalf of the Contractor) all notices, instructions,

consents, approvals, certificates, determinations and other communications under "the Contract”.

Whenever the Contractor's Representative is to be absent from the Site, a suitable replacement

person shall be appointed, with prior consent of Engineer in charge/Consultant.

Failure on part of the Contractor, to comply with these provisions shall constitute a breach of

Contract leading to action under relevant Clauses. The Contractor's Representative may delegate

any of his powers, functions and authorities to any competent person and may at any time revoke

and such delegation. Any such delegation or revocation shall be in writing and shall not take effect

until the Engineer in charge/Consultant has given prior consent thereto. The Contractor's

Representative and such persons shall be fluent in the language of day to day communication and

the Contractor shall be bound by and fully liable for the acts or omissions of the Contractor’s

Representatives or any of his employees and/or delegates, agents or nominees.

55. Facilities for and Co-ordination with Others

The Contractor shall not impede and shall afford all necessary facilities, access and/or services to

the Engineer in charge/Consultant, Designated Contractors, utility undertakings, other relevant

authorities and other contractors (whether. employed. by the Employer or not) who are carrying out

on, or in the vicinity of, the Site, works not, included in the Contract but forming part of the Project.

The Contractor shall share within the Site, staging, storage and unloading areas for the use of

designated Contractors, if any, who are carrying out work on, or in the vicinity of, the Site, works

not, included in the Contract but forming part of the Project.

Any other contract which depends for its execution on the Contract or upon which the Contract is

dependent for its own execution shall be identified by the Engineer in charge/Consultant as a

"Designated Contract". The Contractor shall provide attendance on Designated Contractors in

accordance with the Employer's Requirements and as instructed by the Consultant. The identity of the


contractor for a Designated Contract may not be known before the execution of the Contract but this

shall not be a ground for the Contractor to object to the subsequent appointment of a Designated

Contractor.

The Contractor shall afford all reasonable opportunities, for carrying out their work, to other

contractors employed by the Employer and their workmen respectively and the workmen of the

Employer who may be engaged on or near the Site of any work, ancillary to the Works, but, not

included in the Contract and shall not cause them inconvenience.

If the Contractor shall suffer delay by reason of failure by any Designated Contractor to meet the

specified installation interfacing and co-ordination, completion dates, which delay shall be caused

otherwise than by fault of the Contractor, Or, if compliance with sub-clause (f) herein shall involve

the Contractor in delay beyond that which could be reasonably foreseen by an experienced contractor

at the time of tender, then the Consultant shall take such delay into account in determining any

extension of time to which the Contractor is entitled under the Contract.

The Contractor shall be deemed to have made adequate allowance in the contract price and in the

Works Programme in respect of these obligations.

If any act or omission of the Contractor whether directly or indirectly results in the delay in the

execution of„ the works of a Designated Contractor, the Contractor, in addition to his liability in

respect of liquidated damages if they become due shall pay to the Employer, or the Consultant may

deduct from Interim Payment Certificates such amount as the Consultant shall have certified in

respect of additional payments or costs to the Designated Contractor in respect of such delay

56. Law and Language - The Contract shall be governed by the Acts and Laws of India, the rules,

regulations and bye-laws of the concerned public bodies and authorities. Language of the Contract

shall be English/Marathi.

57. Communication - Communication between parties, unless otherwise specified shall be effective

only when made in writing. A notice will be effective only when delivered

58. Permits Licences or Approvals - It shall be Contractor's exclusive responsibility to get

approvals, permits or license required for the Contractor’s scope of work. However, the Employer

may (where he is in a position to do so) provide reasonable assistance to Contractor at the request and

cost of the Contractor in getting Permits, License or Approvals required during the Contract. The

rendering of such assistance by the Employer shall not be interpreted as a pretext by the Contractor as


condoning of any delay or non-performance of any of the Contractors obligations. The following-up

of all such applications shall be the responsibility of the Contractor

1. Reference to the Standard Codes of Practice

1.2 The contractor shall make available at site all relevant Indian standard Codes of practice,

MORTH, PWD Specifications and IRS & IRC Codes as applicable and other relevant British

/German / American / Standards.

1.3 Wherever Indian Standards do not cover some particular aspects of design/construction,

relevant British/German /American Standards will be referred to.

1.4. In case of discrepancy among provision in sub-clauses in this NIT. Special Specifications

MORTH Specificaions, Standard codes of practice, PWD Specifications, and the order of

precedence to be followed is as given below

i. Provisions in N.I.T

ii. special Specifications

iii. BIS (Bureau of Indian Standards)

iv. PWD Specifications

In case of discrepancy among Standard Codes of Practice, the decision of the Engineer in

charge/Consultant will be final.

Executive Engineer-I

PHADB


( b) GENERAL CONDITIONS FOR ELECTRICAL WORK

1) Internal wiring and supply mains shall be done concealed type with all modular accessories

simil / to Anchor Roma make, with specification ELCB + MCB in each tenement of required

capacity.

2) Automatic lift having stainless steel cabin, door, VVVF drive, ARD, Intercom System

shall be provided.

3) Fire Fighting System shall be provided to building as per C.F.O. PCMC norms and

specifications.

4) Lightening Arrestor shall be provided to the building as per requirement of Electrical

Inspector, Govt. of Maharashtra.

5) Before starting the work, Licensed & Registered Electrical Bidder with appropriate class with

PWD & MHADA shall be appointed by the agency and submit the same to Engineer-in-charge.

6) All materials shall be got tested by the agency from testing laboratory (VJTI & Regional

testing laboratory of Govt. of India) as per Chief Engineer-I/A's circular no. Dy. C.E. (VQC) /A /QC/

190 / 2006 dated 20.02.2006 and 810 dated 24.08.2007 at MHADA, by the Bidder at their own risk &

cost.

7) Application for permanent electric supply to supply company for the scheme shall be

submitted by the agency at the time of starting the work and get temporary Energy Meter from supply

company for supply of electricity for their construction activity at their risk & cost.

8) All electrical materials used on site shall be as per latest IS specifications & ISI mark & get

approved for Engineer-in-charge before starting the work.

9) Agency shall provide necessary Hume pipes for laying service cable for Electricity Supply of

buildings from road to meter cabin.

10) All the items occurring in the works and as found necessary in actual execution shall be

carried out in workman like manner as per specifications given and as per the instructions of

Executive Engineer, in charge from time to time. Specifications herewith attached shall however have

the precedence and the Construction Agency shall please read them carefully.

11) It shall be distinctly understood that the conditions of the contract and specifications are

intended to be rigidly enforced no relaxation on the ground of customs prevailing is to be allowed.

No extra work shall be carried out by the Construction Agency unless ordered in writing by the

Executive Engineer in charge.

12) The Construction Agency shall engage an experienced and authorized supervisor for the work

that shall be capable of managing and guiding the work. He shall take such orders as may be given to

him from time to time and shall be responsible for carrying out the same promptly.


13) GUARANTEE : It is binding on the Construction Agency to give the guarantee for repairs

and replacement of any part which goes out of order due to manufacturing defects within a period of

three years from the date of completion of the work.

14) Construction Agency shall be employed only fully competent wireman, skilled workers and

the work shall be carried out under the supervision of Electrical Engineer and licensed supervisors.

The name and license of the Fist class supervisors shall be intimated before the commencement of

work to the Executive Engineer in charge in writing.

15) The specifications for these works are based on the plans of the building showing the

approximate location of all out lets, switches, accessories etc., and the drawing. In case, the

specifications are completely contrarily to each other and decided by Executive Engineer in charge to

shift the position or to modify the line out, the Construction Agency shall have to carry out any

alteration without any extra cost, as per the instructions of Engineer in charge.

16) Before purchasing any accessories, fittings required for the work the Construction Agency

shall get the brand and samples approved from the Executive Engineer in charge and in case they fail

to do so, the work with such materials shall be liable to be rejected for which the responsibility shall

be solely of the Construction Agency.

17) All items of the work shall be completely and thoroughly finalized in workman like manner as

per the directions of the Executive Engineer in charge or his authorized representatives before the

work is handed over to the Department, satisfactory tests for the work and materials shall be given by

the Construction Agency at his own cost.

18) The Construction Agency shall have to obtain NOC from P.W.D. Electrical Inspector or

PCMC, CFO, Traffic Police Department. The permission for execution of lift and license for to put

the lift in operation shall be taken from Lift Inspector/ Govt. of Maharashtra as per requirement if

necessary for which no payment shall be made extra.

20) Every care shall be taken to see that the progress on the work as per specifications and the

work completed within stipulated time and work handed over to this department in writing with

inventory and signed by the Supervisory staff of this department without which the work shall not be

treated as completed.

21) Work completion and test reports shall be furnished to the Electric Supply Co. through this

Department and any requirement of the Supply Co. for supply, service connections due to

Construction Agency work shall be made by him without any extra cost under intimation to this

Department and with prior appointment of the Supply Co.


22) The Construction Agency shall submit the sample board consisting of all materials as per the

specifications to the Executive Engineer in charge within three days of receipt of the work order and

get the same approved before installation of the same in site of work.

23) The Supervisory staff of this Department shall be entitled to remove bad quality and non

approved materials beyond approval and deviation from the specified shall have to replaced free of

cost by the Construction Agency.

24) The labours and workers of the Construction Agency working on site shall possess an identity

card with latest photograph and produce whenever demanded by the Engineer in charge or his

subordinate for verifications. No worker shall be allowed to work on site without valid identity card.

25) The Construction Agency/s shall furnish for verification, the delivery challan and vouchers of

the authorized dealer/ manufacturer for the major materials used on the work without which no

Payment shall be made which shall be noted . Xerox copies of the delivery challan and voucher shall

also be given for office record.

26) GUARANTEE FOR LIFT INSTALLATION: It is binding on the Construction Agency to

give the guarantee (Annexure – VII) for repairs and replacement of any part which goes out of order

due to any reason within a period of three years from the date of completion of the work. The

Construction Agency has to attend regular maintenance service and break down calls etc. to the lifts

free of charges during this three years guarantee period for which nothing extra shall be paid on any

account. The Construction Agency shall also keep liftmen per lift for a time between 8am to 8 pm

throughout 365 days from the date of completion of work without any extra cost. This shall be noted

before quoting the tender by the construction agencies.

The agency has to appoint a Electrical Agency registered with M.H.A.D.A./ PWD in appropriate

class for carrying out the electrical work, and intimate in writing to the Engineer in charge.

The electrical materials shall be used only of ISI mark and approved by the Competent Authority of

M.H.A.D.A. only.

Lift work shall be carried out by appointing lift manufacturer's pre-qualified agencies approved by

M.H.A.D.A. only. Before starting the work, approval of Engineer in charge shall be taken in writing.

Agency has to enter into agreement with lift & Electrical agency, only registered Bidder with

MHADA / PWD in appropriate class & submits the copy of the agreement with as a sub Bidder &

gives an undertaking for payment of sub Bidder i.e. lift / Electrical Bidder. If main agency is unable

to do job in due course / fail to complete the Electrical / lift work in stipulated time period due to non

payment, the said work shall be get carried out by appointed Electrical / lift Bidder and payment for


the same shall be made by MHADA to sub Bidder and the same shall be debited to main agency

account.

The successful construction Agency shall have to execute a Guarantee Bond on stamp paper

of Rs. 100/- in a prescribed format.

Deputy Engineer Executive Engineer-I

Electrical Sub Division, Pune Board


ANNEXURES


ANNEXURE -I

(Ref Special Condition of Contract No. 2 )

PROFORMA OF BANK GUARANTEE BOND (PERFORMANCE)

(Judicial Stamp paper of appropriate value as per stamp Act-of respective state)

Whereas the MARARASHTRA HOUSING AND DEVELOPMENT AUTHORITY, having its

Registered Office at GRIHANIRMAN BHAVAN, BANDRA (EAST) MUMBAI-51 (hereinafter

called "MHADA" which expression shall include its successors and assigns) having awarded a

work order/contract / supply order No. dated (hereinafter called the contract) to M/s. .................

................................... (hereinafter called the contractor / supplier) at a total price of Rs...............

subject to the terms and conditions contained in the contract.

WHEREAS, the terms and conditions of the contract require the contractor to furnish a bank

guarantee for Rs............... (Rupees...................) being 2% of the total value of the contract for

proper execution and due fulfillment of the terms and conditions contained in the contract.

We, the............. (Name of Bank), (hereinafter called the "Bank") do hereby unconditionally and

irrevocably undertake to pay to MHADA immediately on demand in writing and without protest

/or demur all moneys payable by the contractor/supplier to MHADA in connection with the

execution/supply of and performance of the works/equipment, inclusive of any loss, damages,

charges, expenses and costs caused to or suffered by or which would be caused to or suffered by

MHADA by reason of any breach by the contractor/supplier of any of the terms and conditions

contained in the contract as specified in the notice of demand made by MHADA to the bank.

Any such demand made by MHADA on the bank shall be conclusive evidence of the amount

due and payable by the bank under this guarantee. However, the Bank's liability under this

guarantee, shall be limited to Rs..............in the aggregate and the bank hereby agrees to the

following terms and conditions:-

(i) This guarantee shall be a continuing guarantee and irrevocable for all claims of MHADA as

specified above and shall be valid during the period specified for the performance of the contract

including the period of maintenance/warranty i.e. upto...........

(ii) We, the said bank further agree with MHADA that MHADA shall have the fullest liberty

without our consent and without affecting in any manner our obligations and liabilities hereunder

to vary any of the terms and conditions of the said contract or to extend time for performance of

contract by the contractor from time to time or to postpone for any time or from time to time any

of the powers exercisable by MHADA against the contractor/supplier under the contract and

forbear or enforce any of the terms and conditions relating to the said contract and we shall not

be relieved from our liability by reason of any such variations or extension being granted to the


contractor or for any Forbearance, act or omission on the part of MHADA or any indulgence by

MHADA to the contractor or by any such matter or thing whatsoever, which under the law

relating to the sureties would, but for this provision, have effect of so relieving us.

(iii) This guarantee/undertaking shall be in addition to any other guarantee or security

whatsoever MHADA may now or at any time have in relation to the performance of the

works/equipment and the company shall have full re-course to or enforce this security in

performance to any other security or guarantee which the MHADA may have or obtained and

there shall be no forbearance on the part of the company in enforcing or requiring enforcement

of any other security which shall have the effect of releasing the Bank from its full liability. It

shall not be necessary for MHADA to proceed against the said contractor/supplier before

proceeding against the Bank.

(iv) This guarantee/ undertaking shall not be determined or affected by the liquidation or

winding up, dissolution or change of constitution or insolvency of the supplier/ contractor, but

shall in all respects and for all purposes be binding and operative until payment of all moneys

payable to MHADA in terms thereof are paid by the Bank.

(v) The Bank hereby waives all rights at any time inconsistent with the terms of this Guarantee

and the obligations of the bank in terms hereof, shall not be otherwise effected or suspended by

reasons of any dispute or disputes having been raised by the supplier/contractor (whether or not

pending before any Arbitrator, Tribunal or Court) or any denial of liability by the

supplier/contractor stopping or preventing or purporting to stop or prevent any payment by the

Bank to MHADA in terms hereof. We, the said Bank, lastly undertake not to revoke this

guarantee during its currency except with the previous consent of MHADA in writing. Unless a

claim is made in writing within three months from the date of expiry of this guarantee

i.e................ (three months after the date of expiry) we shall be relieved from all liabilities under

this guarantee thereafter.

Signed this ................... day of ..................... at……….

WITNESS. For and on behalf of Bank (NAME AND DESIGNATION)

1._______________

2._______________


ANNEXURE - II

PERFORMANCE GUARANTEE BOND

(From Construction Agency) (Ref Special Condition of Contract No. 2 ) (TO BE EXECUTED ON STAMP PAPER OF RS. 100/-)

In consideration of PUNE HOUSING AND AREA DEVELOPMENT BOARD having

its registered office at GRIHA NIRMAN BHAVAN, AGARKAR NAGAR PUNE - 411001

(Here in after referred to as `BOARD') which expression shall unless it be repugnant

to the context or meaning) awarded to M/S. -------------------------------------------------------

--------------------------firm carrying in a such name and style the business of constructing

houses (here in after referred to as the `Construction Agency' which expression shall, unless

it be repugnant to the context or meaning there of, include its partners or

partner/proprietor for the time being for its surviving partner or his heirs and executors)

for the work of Construction and Development of MHADA’s site at S. No. 126+127/1,

Tathawade, Pune consisting of :

1 Engineering procurement and construction of multistoried residential finished 1651 T/s

under LIG/MIG/HIG (with construction area of Appr. 239851 Sq.Mtrs.) based on R.C.C.

monolithic shear wall concept using aluminum form work;

2 Infrastructure like club house, substation, STP, Underground water tanks, site development

like roads, pathways, amenity development, compound wall, security cabin, etc. and allied

external electrical works and landscape development.

and estimated cost of Rs._____________ Corers and compliance with one of the terms

and conditions of the said contract.

I/We M/S--------------------------------------------------------------------------------------------,

being the Construction Agency, do hereby agree and undertake and indemnify and save

harmless the `BOARD' in consequence of the manufacturing defect, latent

manufacturing defect and construction defect found in the constructed tenements/houses at

any time in a period of 3 (three) years commencing with the grant of the phased completion

certificate by the `BOARD' to the Construction Agency in accordance with the subject of

provision of said Contract.

It is hereby agree and declare that the Chief Engineer of `MHADA' or any officer

acting as such Chief Engineer of `MHADA' shall be the Competent Authority to be


decided upon the question as to the defect in the construction of tenements/houses and the

remedy to be applied by the Construction Agency for their rectification at his cost and his

decision shall be final, conclusive and binding upon both the PHADB and the

Construction Agency, provided that the Chief Engineer/MHADA shall so decide after giving

an opportunity to the Construction Agency to represent his case.

I/We hereby agree and undertake irrevocably and unconditionally to carry out duly

each and every decision, order, direction or instruction as may be issued by the said Chief

Engineer or as the case may be, the officer of the `BOARD' in this behalf and to rectify

properly and promptly and defect found by him.

FOR & ON BEHALF OF

M/S………………….. PUNE DATED: (Construction agency) SEAL BEFORE ME Notary, Maharashtra State Notary, Maharashtra State Registered at Serial Number Accepted by For & On Behalf of P.H.& A.D.B.


ANNEXURE-III

GUARANTEE FOR WATER PROOFING WORKS

(TO BE EXECUTED ON STAMP PAPER OF RS. 100/-)

TO WHOM SOEVER IT MAY CONCERNED

Sub : Construction and Development of MHADA’s site at S. No. 126+127/1, Tathawade,

Pune consisting of :

1. Engineering procurement and construction of multistoried residential finished 1651


R.C.C. monolithic shear wall concept using aluminum form work; and

2. Infrastructure like club house, substation, STP, Underground water tanks, site

development like roads, pathways, amenity development, compound wall, security

cabin, etc. and allied external electrical works and landscape development.

I/We here by guarantee that the water proofing work carried out by us for WC, Bath,

Terrace, Overhead & Underground Water tank, Lift pits, wherever necessary etc. of the above

mentioned work shall remain entirely water tight, shall however due to any unforeseen defects left

out in our work at the time of execution thereby causing leakages during the period of ten years

(10) from the date of completion it shall be rectified or redone by us without any extra cost to the

MHADA.

However, we shall not be responsible in any way if our work is tampered with and / or by

other act of God beyond our control.

Signature of the Specialized Firm Signature of Construction Agency

N.B.: This guarantee bond on Rs.100/- stamp paper shall be submitted before payment is released for

the water proofing work of the building. The water proofing treatment was carried out by the above

signed firm and the Guarantee Bond for ten years as required vide our agreement No____________.is

submitted in compliance with the agreement.


ANNEXURE - IV

INDENTURE FOR THE SECURED ADVANCES (Referred to in paragraph 10, 2.19 of M.P.W.A. Code)

(for use in cases in which the contract is for finished work and the Construction Agency has entered into an agreement for the execution of a certain specified quantity of work in a given time).

THIS INDENTURE made the ..............................……………….. day of …...... BETWEEN

................................................ (hereinafter called the Construction Agency which expression shall

where the context so admits or implies be deemed to include his executors, administrators and

assigns) of the one part and the MAHARASHTRA HOUSING AND AREA DEVELOPMENT

AUTHORITY (which expression shall where the context so admits or implies be deemed to

include his successors in office and assigns) on the other part.

WHEREAS by an agreement dated ............... (here in after called the said Agreement)

the Construction Agency has agreed;

AND WHEREAS the Construction Agency has applied to the Maharashtra Housing and Area

Development Authority that he shall be allowed advance on the Security of Materials absolutely

belonging to him and brought by him to site of the works, the subject of the said agreement, for

use in the construction of such of the works as he has undertaken to execute at rates fixed for the

finished work (inclusive of the cost of material and labour and other charges) AND

WHEREAS the Maharashtra Housing and Area Development Authority has agreed to advance to

the Construction Agency the sum of Rupees ................................ ............ .... ... .... on the aforesaid

security and has reserved to themselves the option of making any further advance or advances on

security of aforesaid nature the quantities and other particulars of the running account bills for the

said works signed at the time being by the Construction Agency on NOW THIS INDENTURE

WITNESSETH that in pursuance of the said agreement and in consideration on the sum of

Rupees ............................... on / or before the execution of these presents paid to the Construction

Agency by the Maharashtra Housing and Area Development Authority (the receipt where of the

Construction Agency do hereby acknowledge) and of such further advances (if any) as may be

paid to him as aforesaid the Construction Agency both hereby convenient and agree with the

Maharashtra Housing and Area Development Authority and declare the follows :


(1) That the said sum of Rupees ................................so advanced by the Maharashtra Housing and

Area Development Authority to the Construction Agency as aforesaid and all or any further

towards expediting the execution of the said works and for no other purchase whatsoever.

(2) That the materials detailed in the said running account bill which have been offered to and

accepted by the Maharashtra Housing and Area Development Authority as security are absolute the

Construction Agency's own property and free from any encumbrances of any kind and the

Construction Agency indemnifies the Maharashtra Housing and Area Development Authority

against all claims to any materials with respect of which an advance has been made to him

aforesaid.

(3) That the materials detailed in the said running account bill and all other materials on the security

of which any further advance or advances may hereafter be made as aforesaid (hereinafter

called the said materials) shall be issued by the said works in accordance with the direction of the

Executive Engineer, concerned, and in the Terms of the said agreement.

(4) That the Construction Agency shall make in his own cost, all necessary and adequate

arrangements for the proper watch, safe custody and protection against all risks of the said

materials and that until used in construction as aforesaid the said materials shall remain at the

site of the said works in the Construction Agency's custody and in his own responsibility and shall

at all times be open to inspection by Executive Engineer, concerned or any officer authorized by

him. In the event of the distraction or damage by the Construction Agency, the Construction

Agency shall forthwith replace the same with other materials of like quality or repair and make

good the same as required by the Executive Engineer, concerned or any officer authorized by

him on that behalf.

(5) That the said materials shall not on any account be removed from the site of the said works

except with the written permission of the Executive Engineer, concerned or any officer authorized

by him on that behalf.

(6) That the advance shall be repayable in full within or before the Construction Agency received

payment from the Maharashtra Housing and Area Development Authority of the price payable to

him for the said work under the terms and the provision of the said agreement provided that if any

intermediate payments are made to the Construction Agency on account of work done then, on the

occasion of each such payment by deduction there from the value of the said materials then

actually used in the contract and in respect of which recovery has not been made previously.


THE VALUE FOR THIS PURPOSE BEING in respect of each description of materials at the rates at

which the amounts of the advances made under these presents were calculated.

(7) That if the Construction Agency shall at any time make any default in the performance or

observance in any respect of these presents, the total amount of the advance or advances that may

still be owing to the Maharashtra Housing and Area Development Authority on the happening of

such default be re-payable by the Construction Agency to the Maharashtra Housing and Area

Development Authority together with interest ( prevailing rate of percentage per annum) from

the date or respective dates of such advance or advances to the date of repayment and with all

costs, charges, damages and expenses incurred by the Maharashtra Housing and Area Development

Authority in or for the recovery thereof or the enforcement of this security or otherwise by

reason of the default of the Construction Agency and the Construction Agency hereby covenants

and agrees with the Maharashtra Housing and Area Development Authority to replay and pay

the same respectively to him accordingly.

(8) That the Construction Agency hereby all the said materials with repayment to the

Maharashtra Housing and Area Development Authority of the said sum of Rs. and any

further sum or sums advanced as aforesaid and all costs, charges, damages and expenses payable

under these presents PROVIDED ALWAYS and it is hereby agreed and declared that

notwithstanding anything in the said agreement and without prejudice the powers contained therein

of and whenever the convenient for payment and repayment hereinbefore continued shall

become enforceable and the money owing shall not be paid in accordance therewith the

Maharashtra Housing and Area Development Authority may at any time thereafter adopt all or any of

the following courses as he may deem best;

a) Seize and utilize the said materials or any part thereof in the completion of the said works on

behalf of the Construction Agency in accordance in the said agreement debiting the Construction

Agency the account cost of effecting such completion and the amount due in respect of advance

and these presents and crediting the Construction Agency with the value of work done if he had

carried out in accordance with the said agreement and at the rates provided. If the balance is against

the Construction Agency he is to pay the same to the Maharashtra Housing and Area Development

Authority.

b) Remove and sell by public auction, the seized materials or any part thereof and cut off the

money arising from the sale return all the sums aforesaid, repayable or payable to the

Maharashtra Housing and Area Development Authority of these presents and pay over the surplus

(if any) to the Construction Agency.


c) Deduct all or any part of the money owing out of the Security Deposit due to the Construction

Agency under the said agreement. That in the event of any conflict between the provisions of these

presents and the said agreement, the provision of these presents shall prevail in the event of any

dispute hereinbefore expressly provided for the same be referred to the Deputy Chief Engineer,

(PPD), Mumbai Housing and Area Development Board whose decision shall be final and the

provision shall apply to any such.

WITNESS WHEREOF the said and .............................. by the order and under the direction of the

Maharashtra Housing and Area Development Authority have hereinto set their respective hands the

day and the year above written.

Signed, Sealed and delivered by the said Construction Agency in the presence of ................ Witness : Signature Name Address Signed by By the order and direction of The Maharashtra Housing and Area Development Authority in the presence of Witness : Signature Name Address


ANNEXURE –V

INDEMNITY BOND

(TO BE EXECUTTED ON STAMP PAPER Rs.100/-)

THIS INDEMNITY BOND is made this ______________day of _____________201 (Two

Thousand and ) by Shri. ________________________________ of M/s. ________ ____ _

aged ____________ resident of ________ ________ _______ _ ___________

(hereinafter referred to as "the Obligor") of the first part:

In FAVOUR OF THE Maharashtra Housing And Development Authority a statutory

Corporate Body duly constituted under M.H.A.D.A Act, 1976 (Mah XXVIII of 1977) ( herein after

referred to as "the said Act") having its office at Griha Nirman Bhavan, Kala Nagar, Bandra

(East),Mumbai 400 051, (hereinafter referred to as " the Authority") of the second part :

WHEREAS the Authority had given the obligor the work of Construction and Development

of MHADA’s site at S. No. 126+127/1, Tathawade, Pune consisting of :


under LIG/MIG/HIG (with construction area of Appr. 239851 Sq.Mtrs.) based on R.C.C. monolithic

shear wall concept using aluminum form work; and

2. Infrastructure like club house, substation, STP, Underground water tanks, site development

like roads, pathways, amenity development, compound wall, security cabin, etc. and allied external

electrical works and landscape development.

by an Agreement No._____________ of 201 made between Executive Engineer, SRD-III

Division/ M.B. on behalf of the Authority and the said obliged.

WHEREAS the obligor has completed the work on the ______________________

__________________________________________ _____________ __________ __

WHEREAS the obligor has produced the Bank Guarantee Bond executed by

_____________________________________________________________________

(Name of the Bank) on __________________________ (date of the Bank Guarantee Bond) to pay

the Authority an amount not exceeding Rs._________________ (amount of the guarantee)

(hereinafter referred to as "the Bank Guarantee amount") in case of any loss and / or damage caused

to or suffered or would be caused to or suffered by the Authority by reasons of any breach of the

terms and conditions of the Agreement by the Obligor.


And WHEREAS the obliged agrees to indemnify and keep harmless at all times the Authority. its

successors and assigns from all claim due by way of loss and /or damage caused to or would be

caused to or suffered by the Authority exceeding the Bank Guarantee Bond on account of failure of

the obligor to rectify defects and /or to maintain the building as well as the tenements adequately

during the period of three years from the aforesaid date of the completion of the building.

NOW THESE PRESENT WITNESSETH that in case of amount of loss and/or damages, incurred or

suffered, for the aforesaid reasons, by the Authority exceeds the "Bank Guarantee amount the obligor

shall indemnify the Authority by payment of the amount in excess of the amount specified in the

"Bank Guarantee Bond".

IN WITNESS WEHERAS the obligor has here to at _______ _______ ______ ___ ___________

_______ _____ ___ _________ _______ signed and delivered this bond the day and the year first

hereinabove written in favour of the Authority.

Witness: Obliged Signature of Construction Agency

Executive Engineer-I, P.H.A.D.B. Pune


ANNEXURE - VI

SURETY BOND

(TO BE EXECUTTED ON STAMP PAPER Rs.50/-)

We ______________________________(hereinafter called " the surety") having our office at

___________________________________do hereby under take to indemnify and pay to the

Executive Engineer-I, P.H.&A.D. Board (herein after called " the Executive Engineer") in following

manner:

TO pay on the demand at once to the said Executive Engineer and on behalf of M/S ________

___________________ (herein after called " the Construction Agency") a sum of Rs._______

(Rupees _________________________________________) by way of making good the loss or

damage caused would be caused to, or suffered byP.H.A.D.Board, Pune by reasons of any breach of

the said Construction Agency or any of the terms & conditions contained in contract tender reference

no. ________________ for the any time during the execution of work in the event of any loss or

damages arising out of the said work of failure of the Construction Agency to carry out the said work

at any time as per contract to the entire satisfaction of the Executive Engineer, whose decision shall

be final and legally binding and this arrangement shall not be considered as a variation of the contract

or debar the Executive Engineer in enforcing his other rights or remedies under the contract.

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

obligation here under to vary any of the terms and conditions of the said contract to extend the time

of performance by the said Construction Agency from time to time or to postpone for a time any of

the powers exercisable by the P.H.A.D.Board Pune against the said Construction Agency 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 reasons of any such variation or extension being granted to the said

Construction Agency or for any such matter or things whatsoever which under the law relating to

sureties would not for this provision have effect or so relieving us.

We lastly undertake not to revoke this guarantee during it currency except with previous

consent of P.H.A.D.Board Pune in writing.

Dated ____________________this ___________________day of _________201

Signature and address

of the Surety ________________________

Signature of Construction Agency Executive Engineer-I,

P.H.A.D.B. Pune


ANNEXURE -VII

GUARANTEE BOND FOR LIFT INSTALLATION

(TO BE EXECUTED ON STAMP PAPER OF Rs.100/-)

TO WHOM SO EVER IT MAY CONCERNED

I/We , the sole proprietor /partner (s) of the ________________________________

firm is hereby give guarantee for the lifts installed by us in the work of Construction and

Development of MHADA’s site at S. No. 126+127/1, Tathawade, Pune consisting of :

1 Engineering procurement and construction of multistoried residential finished 1651 T/s under

LIG/MIG/HIG (with construction area of Appr. 239851 Sq.Mtrs.) based on R.C.C. monolithic shear

wall concept using aluminum form work; and

2. Infrastructure like club house, substation, STP, Underground water tanks, site development like

roads, pathways, amenity development, compound wall, security cabin, etc. and allied external

electrical works and landscape development.

under registration no________________________that if any manufacturing defect is noticed in

aforesaid work during the period of three years from the date of completion of work, I/we shall

rectify the defects without any extra cost and also attend regular maintenance service and break down

calls etc. to the lifts free of charge during these three years of guarantee period.

Signature of witness Signature of Construction Agency


ANNEXURE –VIII

(TO BE EXECUTED ON STAMP PAPER OF Rs100/-)

BANK GUARANTEE FOR MOBILISATION ADVANCE. To, The Executive Engineer-I Pune Housing and Area Development Board Subject: Construction and Development of MHADA’s site at S. No. 126+127/1, Tathawade,

Pune consisting of :


under LIG/MIG/HIG (with construction area of Appr. 239851 Sq.Mtrs.) based on R.C.C.

monolithic shear wall concept using aluminum form work; and

2. Infrastructure like club house, substation, STP, Underground water tanks, site development

like roads, pathways, amenity development, compound wall, security cabin, etc. and allied


Sir, 1. In consideration of The Executive Engineer-I acting through Pune Housing and Area

Development Board [ hear in after referred to as “ Employer” ] releasing advance payment

amounting to Rs.___________to____________ [hereinafter to as “Contractor”] in terms of the

provisions of the contract dated______________ entered in to by and between the Employer and

contractor [hereinafter referred to as “Contract”] on submission by the Contractor, a Bank Guarantee

for an amount of___________(in word) for a period of _____________________________________

[Please state period in month], we, the_______________________________________

_____________[Please state here the name and other particulars of Bank} [ hereinafter referred to as

“Bank”] unconditionally and irrevocable guarantee, as primary obligor and not merely as surety due

payment to the Employer and undertake to pay immediately. On demand without any demur, an

amount not exceeding________________________ ____________________[Please state the amount

of Bank Guarantee] [in words]______________________________________in to the account of the

Employer as may be indicated in the Demand letter.

2. We further agree that no change or addition to or other modification of the terms of the Agreement

or of works to be performed there under or of any of the Agreement which may be made between the

Employer and the contractor, shall in any way release us from any liability under this guarantee, and

we hereby waive notice of any such change, addition or modification.


3. This guarantee hall remain valid and in full effect from the date of the advance loan payment to the

contractor under the Agreement until the Employer receives full repayment under the terms of the

contract as well as under those present from the contractor.

4. Any demand as such by the Employer to the Bank shall be conclusive evidence of Bank’s liability

hereunder and prior to making any such demand, the Employer shall not be required to take any

steps, exercise any remedies against or given notice to the contractor.

5. While this Guarantee continues, the Bank shall not exercise any rights to claim any sum from the

contractor’s insolvency until full satisfaction of the Employer “claim to the extent of the Banks

liability hereunder.

6. The liability of the Bank Guarantee shall not be affected by any change in the constitution of the

contractor or of the Bank.

7. No withstanding anything contained hereinafter, out liability under this bond is restricted to 110%

of Mobilization Advance i.e. Rs._________________ [Rupees______________________________

_____________only] and Interest thereon at the rate of 10%_____________________________ for

the period of delay in payment beyond 15 days from the date of receipt of demand by the Employer.

It will remain in force till **____________________________unless an action to enforce a claim

under this Guarantee is filed, on or before_____________________________, all the rights of the

rights of the Employer under the said guarantee shall be forfeited and bank shall be

relieved and discharged from all liability there under.

IN WITNESS Where of, we, the Bank, through our authorized representative have executed and put

our seal on this __________________________________________day of________________20__ .

Signature of authorized Representative(s) Of the Bank.

Witness:

Address:1________________________________

Witness:

Address:2________________________________

____________________________________________________________________________

* Same amount as that of Bank Guarantee in para 1 above.

** One Month later than period mentioned in para 1 Above.


SCHEDULE ‘A’

(NIL)


EXTRACT


PUNE HOUSING AND AREA DEVELOPMENT BOARD, PUNE - 411 001. (A Regional Unit Of Maharashtra Housing & Area Development Authority)

“EXTRACT OF REGISTER OF SANCTIONED TENDER”

1.

Name of work

1 Engineering procurement and construction of multistoried

residential finished 1651 T/s under LIG/MIG/HIG (with construction

area of Appr. 239851 Sq.Mtrs.) based on R.C.C. monolithic shear

wall concept using aluminum form work;

and

2. Infrastructure like club house, substation, STP, Underground

water tanks, site development like roads, pathways, amenity

development, compound wall, security cabin, etc. and allied


2. Name of the Contractor/s & address

3.(i) Administrative approval Rs.1209, 05, 73,813/- vide CE-II/A’s letter No. MH/CE-2/EE-2/A/F.No.573/727/2013 Date 02/12/2013.

3.ii) Technical sanction Accorded by CE-II/A vide letter No. MH/CE-2/EE-2/…..dtd. …./…/….. for Rs………………./-

4. Estimated cost of the scheme Rs……………

5. Estimated cost put to Tender Rs……………..

6. Percentage ………………………..% Above/ Below

7.

Tendered Amount

Rs……….

8. Agreement No B -1 ……… of 2013 – 2014

9. Acceptance of Tender Executive Engineer-I, Pune Housing & Area Development

Board, Pune’s Letter No. …………. …… ……… …… …

……………. dated / /2013

10. Work Order Executive Engineer-I, Pune Housing & Area Development

Board, Pune’s Letter No. …………. …… ……… … ……

……………. dated / /2013

11.

Time Limit

(36) Calender Months (Including Monsoon).

12. Date of Start ( Stipulated) ………………………


13 Date of completion(Stipulated) ………………………

14 Provision for materials on schedule ‘A’

- Nil -

15. Remarks ……………………………………………………………

Executive Engineer Division No. I Pune Housing & Area Development Board, Pune - 411 001.

CERTIFICATE

CERTIFIED THAT THE TENDER HAS BEEN SCRUTINISED BY ME AND FOUND TO BE COMPLETED IN ALL RESPECTS

Divisional Accountant to Executive Engineer-I

Pune Housing and Area Development Board, Pune - 411 001.

Chief Accounts Officer, Pune Housing and Area Development Board,

Agarkarnagar, Pune - 411 001.

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