1 Navi Mumbai Municipal Corporation License Department TENDER NMMC / License / 2 /2014–2015 For the work of Development, implementation and comprehensive Maintenance of GIS based hawkers Software including biometric survey of hawkers with digitalized photo census along with Registration of Hawkers, issue of certification of registration and identity card to Hawkers within NMMC area -18/03/201507/04-07/04/201508/04-08/04/2015Tender Price 5000 /- (Non – Refundable)
Transcript
1
Navi Mumbai Municipal Corporation
License Department
TENDER
NMMC / License / 2 /2014–2015
For the work of
Development, implementation and comprehensive Maintenance
of GIS based hawkers Software including biometric survey of hawkers with digitalized photo census along with Registration
of Hawkers, issue of certification of registration and identity card to Hawkers within NMMC area
Signature of Tenderer No. of Corrections Signature of City Engineer
Navi Mumbai Municipal Corporation
Schedule A
SCHEDULE A
9
Signature of Tenderer No. of Corrections Signature of Dept HOD
Development, implementation and comprehensive Maintenance of GIS based hawkers Software including biometric survey of hawkers
with digitalized photo census along with Registration of Hawkers, issue of certification of registration and identity card to Hawkers
within NMMC area
Tender Notice No. NMMC/ License / 2 /2014-15
2. SCHEDULE ‘A’
1. Name of
Tender
Development, implementation and comprehensive Maintenance of
GIS based hawkers Software including biometric survey of hawkers with digitalized photo census along with Registration of Hawkers, issue of certification of registration and identity card to Hawkers within NMMC area
2 Persons
Responsible
Joint City Engineer
DMC (License)
3. Eligibility Criteria and Documents Required to Establish Eligibility
Criteria Required eligibility Documents Required to be attached
with tender or to be uploaded in
case of e-submission to Establish
Eligibility
a Registration The bidder must be a registered
corporate in India, registered
under the Companies Act 1956,
or a Govt.
Organization. The bidder should
be operating in India.
Relevant copy of letter.
(Detail procedure and required
document for registration with NMMC
has been specified on
www.nmmconline.com or
onlinetenders.co.in )
b Turnover The bidder should have an overall average annual
turnover of at least Rs. 25 Lakhs through software development and services within India since financial years 2011-12 2012-2013 & 2013-2014
Copy of the audited Profit & Loss
Statements for each of the last 3
financial years
Copy of client citations /
purchase order / Work Orders
showing all the details
sought.
Reference for each of the
projects has to be given and
should contain the following
information - Name of
organization, individual/s to
contact, phone number and
address
c Experience The bidder should have
experience of Software developed in J2EE (open source)
Signature of Tenderer No. of Corrections Signature of Dept HOD
developed using bio metric scanner machine /pos / android based tabs
amounting Rs.10 lakh
Bidder should have
conducted biometric, socioeconomic survey with any reputed agency or government / Semi-Government agency
Reference for each of the
projects has to be given and
should contain the following
information - Name of
organization, individual/s to
contact, phone number and
address
Income Tax, Service Tax
certificates
e Others Work in Hand other than what
submitted along with enrollment –
Annexure 2
f Others 1) Undertaking – Annexure 1
4. Security Deposit :
a Initial Security Deposit 3 % of the Contract Sum
b Further Security Deposit, to be deducted from Bills 2 % of the Contract Sum
5. Type of Contract capital work
6. Contract Period Work Execution period from Date of work order issued - 3 months (for Bio-Metric Survey and software
development)
and 3 years For Maintenance (AMC)
11
Signature of Tenderer No. of Corrections Signature of Dept HOD
3. Detailed Tender Notice
3.1. Notice Inviting Tenders
Sealed Tenders invited by and on behalf of Commissioner, Navi Mumbai Municipal
Corporation (NMMC) from eligible Tenderers for the proposed work specified in the
Schedule ‘A’.
3.2. Issue of Tender
3.2.1. For work of Estimate amount less than Rs. 3 lacs, Tender copy will be made available at E-tendering cell, Ground Floor, NMMC Head Office, Govardhani Chowk, Plot No.1, Sector-15A, CBD, Belapur from date of publish of Tender Notice or Contractor may buy tender book from E- tendering website www.nmmc.maharashtra.etenders.in or www.nmmconline.com.
3.2.2 For work of tender amount Rs. 3 lacs & above, tender book will be issued online only though E-tendering Website www.nmmc.maharashtra.etenders.in or www.nmmconline.com.
3.2.3 For work of tender amount Rs. 3 lacs & above Price of Blank Tender form must be paid by Net Banking/any bank credit or debit card.
3.2.4 The Tender Document is non-transferable. Only the Tenderer who has purchased the tender form shall be entitled to bid in the Tender
3.3. Language of Tender / Contract
The language of the Tender shall be in English / Marathi and all correspondence, drawings
etc. shall conform to the English/Marathi language.
3.4. Clarifications by Tenderer and Pre-Tender Conference
1) A Pre-Tender conference of all intending Tenders will be held at the scheduled date and
time indicated in Tender-Notice. Intending Tenderers will be allowed to seek clarification
and suggest suitable modifications in specifications, Conditions of Contract, etc. The
Corporation will communicate such changes that are accepted by it, to all the intending
Tenderers who have purchased the Tender Document from the Corporation. Only such
changes that are so communicated shall be binding on the Corporation and all the
Tenderers.
2) The Tenderer should get its doubts cleared during pre-bid meeting only, if provided in the
Tender. In case no pre-bid meeting is to be held, the Tenderer should seek clarification of
any doubt in writing seven (7) days before the last date for receipt of Tenders.
3.5. Validity of Tenderers
The Tenders will be valid for a period of 120 days from the date of its opening.
12
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.6. Earnest Money
3.6.1 The Tenderer shall deposit the amounts indicated in the Tender Notice as Earnest Money Deposit (EMD)., In case of tender 3 lakh and above the Earnest Money shall be deposited in the form of Net Banking/any banks credit or debit card.
For tender below 3 lakh, Earnest Money shall be deposited in the form of a fixed deposit with the Corporation or a bank guarantee as per format indicated in Annexure 1. The failure to deposit the Earnest Money shall disqualify the Tender and the Corporation shall exclude from its consideration such disqualified Tender(s). No interest shall be payable by the Corporation in respect of such deposited Earnest Money.
The tenderer should refer user’s guide while depositing EMD though the e-tendering website www.nmmc.maharashtra.etenders.in
Alternatively The Tenderer can also deposit a Fix EMD at NMMC office which will be credited to his account.
3.6.2 If the Corporation accepts the Tender, the Earnest Money shall be appropriated towards Security Deposit payable by the Tenderer in accordance with the Conditions of Contract. Alternatively on payment of the required amount of the Security Deposit and the execution of the Contract Agreement, the Earnest Money shall be returned to the Tenderer.
3.7. Forfeiture of EMD
1) The Tenderer shall not revoke his Tender or vary its terms and conditions without the
consent of the Corporation during the validity period of Tender, failing which the Earnest
Money deposited by it shall stand forfeited to the Corporation without prejudice to its
other rights and remedies and the Tenderer shall be disentitled to submit a Tender to the
Corporation for execution of any work during the next twenty-four (24) months effective
from the date of such revocation.
2) If the successful Tenderer does not pay the Security Deposit in the prescribed time limit
or fails to sign the agreement bond, The Earnest Money Deposit will be forfeited by the
Corporation.
3.8. Refund of Earnest Money
1) The Earnest Money of unsuccessful Tenderers shall be refunded after the successful
Tenderer furnishes the required Initial Security Deposit to the Corporation and signs the
Contract Agreement or within thirty (30) days of the expiry of validity period of Tenders,
whichever is earlier.
3.9. Cost of Tender
3.9.1 The Tenderer shall bear all costs associated with the preparation and submission of its
Tender. Price of Blank Tender form must be paid in cash/ DD /payorder for tender in
NMMC’s Account Department and Receipt of the same should be given to E-tendering
cell. The Corporation shall in no case be responsible or liable for these costs, regardless of
the conduct or the out come of the Tendering Process.
Tender Service Charges
13
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.9.2 In case of tender 3 lakh and above the Tenderer shall bear all costs associated with tender
services. The tender service is provided by M/s. SIFY Technologies ltd.-Nextenders India
Pvt. Ltd. As per Govt. Rule No. DIT/file-2012/C.No. 273/39 dt. 19th January, 2013.
Tenderer has to pay Rs. 882 + Taxes as tender service charges directly to the service
providers. The Corporation shall in no case be responsible or liable for these costs,
regardless of the conduct or the out come of the Tendering Process
3.10. Eligible Tenderers
1) Only those Tenderers who fulfill the eligibility criteria as mentioned in Schedule A of the
Tender Notice are eligible to submit their Tenders for this work. The documents indicated
against each of the eligibility criteria shall be required to be submitted along with the
technical bid to establish the eligibility of the Tenderer.
2) The Corporation shall usually hold a Tenderer eligible for the Tender subject to the
condition that the price tendered by him together with the value of outstanding work/
contracts under execution by him for the Corporation or any other employer shall not be
more than four times the value of average annual turnover of works / contracts executed
during the preceding three financial years ending 31st March.
3.11. Relationship with Corporator(s)
1) The Tenderer shall not be associated presently or in the past with any of the office
bearers of Corporators of Navi Mumbai Municipal Corporation, either directly or
indirectly as specified in the section 10(f), (g) of BPMC Act. 1949. The Tenderer shall
furnish an affidavit on a Non-Judicial stamp paper of Rs.100/-. If any information so
furnished shall be found to be untrue or false, the Tenderer shall be liable to be
disqualified and the Earnest Money accompanying such Tender shall stand forfeited to
the Corporation. If the Information so furnished shall be found to be untrue or false
during the currency of the contract, the Tenderer shall be held to be in default and the
Contract if any awarded to it shall be liable to be terminated with its consequences.
3.12. Inspection of Site and Sufficiency of Tender :-
The Tenderer is expected to work out their own rates based on the detailed description of
items, the specifications, drawings and conditions and finally arrive at the cost of the
Work/Service in the appropriate place. The Tenderer shall be deemed to have satisfied
itself before tendering as to correctness and sufficiency of its Tender. The rates and prices
quoted shall, except as otherwise provided, cover all its obligations under the contract
and all matters and things necessary for proper completion and maintenance of the
Works/Services.
Where necessary, before submitting its Commercial Bid the Tenderer should inspect and
examine the site and its surroundings and shall satisfy itself about form and nature of the
Site, the quantities and nature of the Work/Service and materials necessary for the
completion of the Works/Services, means of access to the site, the accommodation it may
require, and in general, obtain all necessary information as to risk, contingencies and
14
Signature of Tenderer No. of Corrections Signature of Dept HOD
other circumstances which may influence or affect its Tender. No extra charges
consequent on any misunderstanding or otherwise shall be allowed.
3.13. Manner of Submission of Tender
a. Tenders estimated cost below Rs. 3 lacs will be submitted in the Tender box kept at E-Tender cell, NMMC Head Office, ground floor, Plot No. 1, Govardhani Chowk, sec. 15A, CBD Belapur, Navi Mumbai 400 614.
b. The tenders estimated cost above Rs. 3 lacs and above shall be submitted online on www.nmmc.maharashtra.etenders.in.
3.14. Last Date for Submission
3.14.1 For tender less than 3 lakh Sealed Tenders shall be received at the address specified
above not later than the time and date specified in the Tender Notice. In the event that
the specified date for the submission of Tender is declared a holiday, the offers will be
received up to the appoint\ted time on the next working day.
For tender above 3 lakh Online Tenders shall be upload at the web address specified
above not later than the time and date specified in the Tender Notice. In the event that
the specified date for the submission of Tender is declared a holiday, the offers will be
received up to the appointed time on the next working day.
3.14.2 The Corporation may, as its discretion, extend this deadline for submission of Tenders by
amending the Tender Documents, in which case all rights and obligations of the
Corporation and Tenderer will thereafter be subject to the deadline as extended.
3.14.3 Any Tender received by the Corporation after the deadline for submission of Tender
prescribed by the Corporation, pursuant to the clause above, will be rejected and /or
returned unopened to the Tenderer.
3.15. Modification and Withdrawal of Offers
The Tenderer may modify or withdraw its Tender after its submission, provided that a
written notice of modification or withdrawal is received by the Corporation prior to the
closing date and time prescribed for submission of Tender. No Tender can be modified by
the Tenderer, subsequent to the closing date and time for submission of Tender.
3.16. Contents
1) Tenders are invited in two-envelope system. Both the envelope shall be placed in another
envelope. The name of Work/Service and Work No. mentioned in the Tender Notice and
the full name and address of the Tenderer shall be clearly written in the bottom left
corner of each envelope.
2) The two envelopes shall contain the following :
Envelope No.1 (Technical Bid) :
15
Signature of Tenderer No. of Corrections Signature of Dept HOD
This should contain all the documents mentioned below. This Envelope may contain other
documents also such as Technical bids, drawings, etc as mentioned in the Tender
notice.
Envelope No.-1.
This should contain all the documents mentioned as below from ‘a’ to ‘n’. This envelope
may contain other documents also such as Technical bids, drawings, any other as
mentioned in the Tender notice.
a) List of all the documents enclosed in the envelope.
b) The Tender price in the form of Demand draft/Pay Order original cash receipt.
(where it is downloaded from the official website)
c) Undertaking in Annexure ‘2’ duly signed by a person holding a valid Power Of
Attorney
d) Power of Attorney authorizing the person to sign the Tender Document (see clause
20(e)).
e) The EMD in the form of Demand draft/ Pay Order (as per clause 6.0 above ) or valid
certificate of exemption issued by the City Engineer of Navi Mumbai Municipal
Corporation
f) Attested copy of the valid registration certificate (as requested by the eligibility
condition at Annexure ‘A’.
g) Up-to-date valid Clearance Certificates for Income Tax, Sales Tax, VAT, LBT
registration/NOC, Service Tax with NMMC.
h) Details of firms in Annexure 3.
i) The Tenderer shall furnish a statement showing the type and magnitude of Work
done with last 3 years as per Annexure 4.
j) List of Works in hand as on the date of submission of this Tender in Annexure 5.
k) List of Works tendered as on the date of submission of this Tender in Annexure 6.
l) List of machinery and plant immediately available with the Tenderer for use on this
Work and list of machinery proposed to be utilised on this Work but not
immediately available and the manner in which it is proposed to be procured in
Annexure 7.
m) Details of Technical personnel available with the Contractor in Annexure 8.
n) Affidavit on a Non-Judicial Stamp paper of Rs.100/- as per Annexure 9.
16
Signature of Tenderer No. of Corrections Signature of Dept HOD
3) Envelope No.2 ( Financial Bid) :
This envelope shall only contain the Commercial Bid in Schedule B only. The Financial Bid should
be written both in words and figures at appropriate places.
3.17. Important Points to be noted by the Tenderer
a) On receipt of blank Tender form the Tenderer should ensure that no corrections or over
writings or erasures are left for attestation by the competent authority of the
Corporation.
b) The financial bid shall be inclusive of all taxes, Octroi, Local taxes, etc. to be paid by the
Tenderer for the Work/Service and any claim for extra payment on any such account
shall not be entertained.
c) No alterations or additions anywhere in the Tenderer Document are permitted . If any of
these are found, the Tender may be summarily rejected.
d) In case of a firm, each partner or power of attorney holder shall sign the Tender and the
signatures shall be attested as witness by a reputed person in the space provided for the
purpose. The attested copies of power of attorney of person signing the Tender shall be
enclosed with The Tender. The power of attorney shall be signed by all partners.
In case of Private limited /public limited companies, the power of attorney shall be
supported by Board Resolution and appropriate and adequate evidence in support of the
same shall be provided.
e) All pages and pasted slips should be signed by the Tenderer. Corrections, if any, must be
signed
f) No page shall be added or removed from the set of Tender Document.
g) The Tenderer shall submit the Tender which satisfies each and every condition laid down
in this Tender Document, failing which the Tender will be liable to be rejected.
Conditional Tenders will be rejected
3.18. Corrupt of Fraudulent Practices
1) The Corporation requires that the Tenderer under this Tender observe the highest standards of
ethics during the procurement and execution of such Contracts. In pursuance of this
policy, the Corporation defines for the purposes of this provision, the terms set forth as
follows :
a) “Corrupt Practice” means the offering, giving, receiving or soliciting of any thing of value
to influence the action of the public official In the procurement process or in contract
execution; and
b) “fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or a execution of a contract to the detriment of the Corporation,
and includes collusive practice among Tenderers (prior to or after Tender
17
Signature of Tenderer No. of Corrections Signature of Dept HOD
submission)designed to establish Contract Prices at artificial non-competitive levels and
to deprive the Corporation of the benefits of the free and open competition.
2) The Corporation will reject a proposal for award if it determines that the Tenderer
recommended for award has engaged in corrupt or fraudulent practices in competing for
the Contract in question; The Corporation will deem a firm ineligible, either indefinitely or
for a started period of time, to be awarded a Contract if at any time it determines that the
firm has engaged in corrupt and fraudulent practices in competing for, or in executing, a
Contract
3.19. Manner of Opening of Tender
For the work, amounting less than or equal to Rs. 3 lakhs, the Tender received before the
time and date specified in the Tender Notice will be opened as per the specified program
in the office manually as mentioned in the Tender Notice (If Possible). The tenders will be
opened in the presence of Tenderers or their authorised representatives who choose to
remain present
For the Work of Rs. 3 lakhs and above, tender will be open online in the presence of
Higher Authority of Tender Committee and E-tendering Administrator
3.20. Process to be Confidential
Information relating to the examination, clarification, evaluation and comparison of
Tenders and the award of a Contract shall not be disclosed to Tenderers or any other
person not officially concerned with such process until the award to the successful
Tenderer has been announced.
3.21. Preliminary Scrutiny
1) The Corporation will scrutinize the Tender to determine whether they are complete,
whether any errors have been made, whether required technical documentation have
been furnished, whether the documents have been properly signed, and whether the
Tenders are generally in order. The Corporation will also determine the substantial
responsiveness of. the Tender. For purpose of these clauses, a substantially responsive
Tender is one that confirms to all the terms and conditions of the Tender Documents
without material deviations. The Corporation’s determination of an Tender’s
responsiveness is to be based on the contents of the Tender itself without recourse to
extrinsic evidence.
2) A Tender determined as not substantially responsive will be rejected by the Corporation
and may not subsequently be made responsive by the Tenderer by correction of the non-
conformity. The Corporation may waive any minor infirmity or irregularity in a Tender
which does not constitute a material deviation. This shall be binding on all Tenderers and
the Corporation reserves the right of such waivers.
18
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.22. Clarification of Offers
To assist in the scrutiny, evaluation and comparison of Tenders, the Corporation may, at
its discretion, ask some or all Tenderer for technical clarification of their Tender. The
request for such clarifications and the response shall be in writing. To speed up the
Tender process, the Corporation, at its discretion, may ask for any technical clarification
to be submitted by means of facsimile by the Tenderer. In such cases, original copy of the
document describing the technical clarifications must be sent to the Corporation by
means of courier/in person.
3.23. Opening of Financial Bids
The Corporation shall notify the date of opening of the Financial Bids to all the Tenderers.
On such notified date, the Envelope No. 2 of only the technically qualifying Tenderers
will be opened and the rates in Scheduled ‘B’ or percentage above / below the estimate
shall then be read out.
3.24. Acceptance of Tender
1) Acceptance of Tender on behalf of the Corporation shall be done by an officer(s) to whom
the powers are delegated by the Municipal Commissioner. The Corporation is not bound
to accept the lowest or any Tender. The right to split up the Work/Service in two or more
parts is reserved by the Corporation and also the right to award the Work/Service to more
than one agency is reserved. The Corporation reserves the right to reject any or all
Tenders received without assigning any reason whatsoever.
2) In case of rate contracts the Corporation would normally invite all the Tenderers whose
price bid is within 5% of the lowest bid to match the lowest bid, and parallel rate
contracts will be entered into with all those who agree to match the bid.
3.25. Intimation to Successful Tenderers
The acceptance of Tender may be communicated to the successful Tenderer in writing or
otherwise either by the Tender opening authority or any authority in the Corporation.
3.26. Security Deposit / Performance Security
1) Successful Tenderer shall pay a Security Deposit equal to the Amount indicated in the
Schedule A of the Detailed Tender Notice as security for due fulfillment of the contract,
within seven (7) days after receipt of intimation in writing of acceptance of Tender.
2) The mode of making this deposit is as under.
a) Initial Security Deposit:
It is optional to the Tenderer to make the initial Security Deposit in any one of the
following ways :
i. wholly in cash; or
19
Signature of Tenderer No. of Corrections Signature of Dept HOD
ii. wholly in form of National Saving Certificate pledged in favour of the Corporation or bank
guarantees/fixed deposit from Nationalized/Scheduled Banks in the enclosed format or
iii. Partly in cash and partly in form of National Saving Certificate pledged in favour of the
Corporation or Bank guarantees/fixed deposit from Nationalized/ Scheduled Banks in the
enclosed format.
b) Retention Money :-
The remaining amount of the Security Deposit ( if applicable as per Schedule A ) shall be
recovered from the Tenderer’s running bills at the rate of five (5) percent and such
retention together with the Initial Security Deposit made as aforesaid shall not exceed the
total amount of security deposit maintained as per the clause 26.1 after which such
rentention will cease.
3.27. Execution of Contract Document
1) The successful Tenderer after furnishing the Initial Security Deposit, is required to execute
an Agreement in duplicate in the form attached with the Tender Documents on a stamp
paper of proper value. The proper value at present is Rs.100/- The Agreement should be
signed within 15 days from the date of acceptance of the Tender. The Contract will be
governed by the Contract Agreement, the Conditions of the Contract (CoC) and other
documents as specified in the CoC.
2) It shall be incumbent on the successful Tenderer to pay stamp duty for the Contract
Agreement, as applicable on the date of the execution.
3.28. Licenses
Wherever relevant, before commencing the Work/Service the successful Tenderer shall
be required to produce to the satisfaction, of the Corporation a valid Contract Labour
License issued in its favour under the provision of the Contract Labour (Regulation and
Abolition), Act 1970. On failure to do so, the acceptance of the Tender is liable to be
withdrawn and also the Earnest Money is liable to be forfeited.
3.29. Rights of the Corporation
1) The Corporation reserves the right to suitably increase/ reduce the scope of work put to
this Tender. In case of a Rate Contract, the Corporation does not in any way guarantee
the quantity for which an order may be placed and the Tender quantity may only be
treated as indicative.
2) In case of any ambiguity in the interpretation of any of the clauses in Tender Document or
the Contract Document, interpretation of the Clauses by the Corporation shall be final
and bindings on all Parties.
3.30. Notice to form Part of Contract
Tender Notice and these instructions shall form part of the Contract.
20
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.31. Stamp Duty and Registration
The Successful Tenderer should register the agreement, made between NMMC and
Tenderer with Registar or Sub Registar, Thane by paying required stamp duty as per
Government Law.
3.32. Advice to the bidders
Bidders are advised to study this TENDER document carefully before participating. It shall be deemed that submission of Bid by the bidder have been done after their careful study and examination of the TENDER document with full understanding to its implications. Bidders are also expected to visit NMMC and understand the requirements to allow them to propose the most fit solution.
TENDER is to be submitted as per enclosed format only. Attach the certificates, brochures
& other documents asked for in the REP document.
3.33. Transferability of the TENDER document
This REP document is non-transferable.
3.34. Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of its bid and NMMC shall in no event or circumstance be held responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.
3.35. Amendment of tender Document
At any time before the deadline for submission of bids, NMMC may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the TENDER Document by amending, modifying and/or supplementing the same.
All prospective Bidders who have purchased this TENDER Document shall be notified of any amendments in writing by e-mail and / or post, and all such amendments shall be binding on them without any further act or deed on NMMC’s part. The amendments shall be also published on NMMC website (www.nmmconline.com). Prospective bidders are advised to periodically browse this website to find out any further corrigendum / addendum / notice published with respect to this tender.
In the event of any amendment, NMMC reserves the right to extend the deadline for the submission of the bids, in order to allow prospective Bidders reasonable time in which to take the amendment into account while preparing their bids.
3.36. Conditional offers by the Vendors
The vendor should abide by the terms and conditions specified in the tender Document. If vendors submit conditional offers it shall be liable for outright rejection.
3.37. Modification and Withdrawal of Offers
Modification or Withdrawal of Offers is not permissible after its submission. If the offer is withdrawn before the validity period, the EMD will stand forfeited.
21
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.38. Opening of Offers
Offers received within the prescribed closing date and time will be opened on date as mentioned in tender notice, at the office of Joint City Engineer, NMMC, in the presence of vendor or their representatives who choose to attend the opening of the tender. The vendor’s representatives present shall sign a register of attendance. Vendors those have secured the minimum 70% in the Technical Evaluation will be advised of the location, date, and time set for opening of commercial offer.
3.39. Clarification of Offers
To assist in the scrutiny, evaluation and comparison of offers, the Commissioner, NMMC, may, at his discretion, ask some or all vendors for clarification of their offer. The request for such clarifications and the response will necessarily be in writing.
NMMC reserves the right to accept any Bid and to Reject any Bid or all Bids
Notwithstanding anything stated herein, NMMC reserves the right to accept full or part of the Bid or reject any Bid, and to cancel/annul the bidding process and reject all Bids at any time before the award of the Contract, without assigning any reason and thereby without incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidder’s of the grounds for NMMC’s action/decision.
3.40. Hand written documents, Erasures or Alterations
The offers containing erasures or alterations will not be considered. There should be no hand-written material, corrections or alterations in the offer. Technical details must be completely filled up. Correct technical information of the product being offered must be filled in. Filling up of the information using terms such as “OK”, “noted”, “as given in brochure/manual” is not acceptable.
The Commissioner may treat offers not adhering to these guidelines as unacceptable. The NMMC reserves all the right to accept or reject any or all bids without giving any
reasons thereof.
3.41. Costs & Currency
The offer must be made in Indian Rupees only. Taxes and levies as applicable at the time of submission of bids to be mentioned separately.
3.42. Security Deposit
Within 15 days of the communication by NMMC (by Letter / Fax / E-mail) successful bidder will have to sign an Agreement Contract with NMMC & submit Security Deposit equal to 5% of the Order value in the form of a Bank Guarantee from any Nationalized or Scheduled Bank, valid for the period till the completion of project (including defect liability period). This Bid Security will be forfeited if the project milestones are not adhered to as per the deadlines given. NMMC will release Security Deposit only after successful completion of project and submission of the Performance Bank Guarantee.
22
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.43. Performance Bank Guarantee
The performance bank guarantee will be taken @ 5% of annual support cost from the Naturalized Bank during support period.
The proceeds of the performance bank guarantee shall be payable to NMMC as compensation for any loss / penalties / liquidated damages resulting from the vendors failure to complete its obligations under the contract for post implementation support.
The performance guarantee shall be discharged by NMMC to the vendor within 60 days of
the expiry of the warranty period.
3.44. Master Services Agreement
NMMC will enter into a Master Services Agreement with the vendor to detail all aspects of project planning, methodology, communication plan, deliverables, milestones, reporting and project mechanisms. This agreement will detail and finalize all details of project execution, only after which work order will be issued.
3.45. User Acceptance Testing (UAT)
The primary goal of Acceptance Testing is to ensure that the proposed applications/solutions meet the requirements, standards, and specifications as set out in this tender document and as needed to achieve the desired outcomes.
NMMC reserves its right to undertake this exercise of Testing, Acceptance and
Certification. The basic approach for UAT will be ensuring that the following are associated with clear
and quantifiable metrics for accountability: • Functional requirements • Infrastructure Compliance Review • Availability of necessary decision support system as defined in the tender document • Performance • Security • Manageability • SLA Reporting System • Project Documentation
3.46. System Documents, User Documents
The Successful Bidder will provide documentation, which should follow the ITIL (Information Technology Infrastructure Library) standards. This documentation should be submitted as the project undergoes various stages of implementation. Indicative list of documents include: • Project Commencement Documentation: Project Plan in giving out micro level
activities with milestones & deadlines. • Equipment & Software Manuals: Original Manuals from OEMs. • Training Material: Training Material will include the presentations used for trainings
and also the required relevant documents for the topics being covered. • User Manuals: For all the Application Software Modules, required for
operationalisation of the system. • System Manual: For all the Application Software Modules, covering detail
information required for it’s administration.
23
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.47. Test & Live Implementation
Upon completion of above activities, Successful Bidder will have to submit detail plan for the live implementation of the system. Successful Bidder has to ensure that the Application Software is completely operational as per the requirements in this tender document and all the acceptance tests are successfully concluded as per the satisfaction of NMMC.
NMMC reserves the right to undertake Test Implementation of the system. Upon 15 days
of successful Live / Test Implementation, NMMC would give Implementation Completion Certificate to the Successful Bidder.
3.48. Arbitration
NMMC and the vendor shall make every effort to resolve amicably, by direct informal negotiation, any disagreement or dispute arising between them under or in connection with the contract. If after thirty days from the commencement of such informal negotiations, the matter will be referred to the Commissioner, NMMC, and his decision will be final and binding on both the parties.
All questions, disputes and differences arising under and out of, or in connection with the
agreement shall be referred to the sole arbitration by an arbitrator appointed under the provisions of the Arbitration and Conciliation Act, by the Commissioner, NMMC, Belapur Bhavan
3.49. Right to Accept Any Offer and to Reject Any or All Offers
Commissioner, NMMC, reserves the right to. accept or reject any tender offer, and to annul the tendering process and reject all tenders at any time prior to award of control, without thereby incurring any liability to the affected vendor(s) or any obligation to inform the affected vendor(s) of the grounds for the Commissioner’s action
3.50. Risk Purchase Clause
In case the successful vendor fails to execute the project as stipulated in the delivery schedule, Commissioner, NMMC, reserves the right to procure the similar services from alternate sources at the risk, cost and responsibility of the successful vendor.
3.51. Penalty for delay in project execution
Project completion period is 3 months from the date of award of the work. Vendor has to provide detailed project plan with milestones and schedules as part of the
technical bid. This will be mutually discussed and agreed upon as part of the part of the Master Services Agreement.
The entire work shall be completed and ‘Go Live’ within 3 months from day of issue of
work order. Failing this, liquidated damages at a rate of 0.5% of the contract amount per
week of delay beyond the stipulated period, subject to a maximum of 5% of the total
contract value for the delayed portion of the contract will be levied for delayed supply.
The successful SI shall submit a Bar Chart / Program for completion of supply, erection &
24
Signature of Tenderer No. of Corrections Signature of Dept HOD
commissioning of the various components & sub assemblies along with manpower
schedule.
3.52. Transfer & Sub- Letting
The prime bidder of the consortium partner has no right to give, bargain, sell, assign or sublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or advantage of the present Contract or any part thereof.
3.53. Completeness of Contract
The contract will be deemed as incomplete if any component of the hardware, software, quality of scanning, training to end user etc., or any documentation / media relating thereto is not delivered, or is delivered but not installed and /or not operational or not acceptable to the indenter/buyer after acceptance testing /examination.
In such an event, the supply and installation of hardware, application software,
other software will be termed as incomplete. The hardware & application software will be accepted after complete commission and satisfactory functioning of equipment for a minimum period of 10 days. The Warranty period will commence only on acceptance (based on acceptance test) of equipment by the indenter/buyer.
3.54. Intellectual Property Rights
Corporation shall have access to Source Code from the SI. This is for security of the Corporation in the event of failure of SI to provide Support & Maintenance in future.
The Corporation reserves the right to deploy the solution developed by any SI at other
locations outside jurisdiction for which the SI was appointed. The SI shall indemnify the Corporation against all third-party claims of infringement of
patent, trademark or industrial design rights arising from use of the Goods or any part thereof in India.
In the event of any claim asserted by a third party for software piracy, the SI shall act
expeditiously to extinguish such claim. If the SI fails to comply and the Corporation is required to pay compensation to a third party resulting from such a claim, the SI shall be responsible for compensation including all expenses, court costs and lawyer fees. The Corporation will give notice to the SI of such claim if it is made, and the SI shall reimburse the same to the Corporation without delay.
3.55. Ownership Of Data
a) While the SI is responsible for the functioning and operation of the project, the backend databases will be owned by Navi Mumbai Municipal Corporation NMMC will be the owner of all data, transactions in any form kept at the centers either in electronic form or physical form such as paper etc
b) The SI Vendor shall be the custodian of such data, and shall also ensure its security and integrity.
c) The SI Vendor shall ensure the provision of appropriate and adequate security levels, for protection of such data and other technology resources, which shall come into its custody during the implementation of the proposed solution.
25
Signature of Tenderer No. of Corrections Signature of Dept HOD
d) The infrastructure for the proposed solution, at each of the sites, shall be strictly and exclusively used by the SI Vendor for processing data related to NMMC only. Under no circumstances shall the infrastructure be used for any other purpose by the SI Vendor.
e) NMMC / its authorized representative(s) shall conduct periodic /surprise security reviews and audits, to ensure the compliance by the SI Vendor to these control / access provisions.
f) The SI Vendor shall develop and implement an —IT Security Policy“ for the proposed IT solution. This IT Security Policy shall be in line with international guidelines and standards. The SI Vendor shall also keep itself updated with the latest IT Security Policy of the Government.
3.56. Change Management:
a) A Supervisory Committee shall be constituted by NMMC at the time of award of the final Contract / Agreement, which shall have a representative/s from NMMC as well as the SI.
b) In the event a change is requested (either by NMMC or the SI) post customization & implementation of the proposed e-governance solution, the Supervisory Committee shall consider the change in scope along with the development / change implementation time estimate for the same.
c) The Supervisory Committee shall evaluate the change request and if needed, recommend the change to NMMC.
d) The approved changes shall be carried out by the SI Vendor as per the mutually agreed commercial terms.
3.57. Payment Terms & Schedule
Payment to the bidder for the invoice raised for the work carried out would be based on the basis of stages defined as below.
Sr. NO. Milestone % of Amount Payable
1. Requirement study and analysis, SRS and System Design Document
20 % of job value
2. Development, Implementation, Testing and UAT of GIS based hawkers application
60 % of job value
3. Upon completion of 50% Job of Bio- Metric Survey of Hawkers & collection of data in NMMC area & compilation of Data as per requirement. Preparation of Hawkers Registration Certificates and Identity Card along with appropriate information with QR code (Each)
80% of Job Value
4. Handover of Source code, user manual, training of hawkers application and completion of 100% bio metric survey of hawkers
20 % of job value
3.58. Post Implementation Services
After successful implementation Completion Certificate by NMMC, bidder shall support for comprehensive maintenance of software for three years.
As a part of Post-Implementation services, the successful bidder shall ‘undertake the following services for the period of 3 Years.
26
Signature of Tenderer No. of Corrections Signature of Dept HOD
1) Annual Technical Support Bidder shall have to provide a comprehensive Annual Technical Support for 3 year.
Services to be delivered during this ATS period are • Administration of the proposed applications/apps • Provide the latest updates, patches / fixes, version upgrades, etc. of the
applications/apps • Upgradation / Updation / Fine Tuning of the Software Platform • Bug Fixing • Data Correction (if occurred due to Bug in the Application Software)
Do necessary bio-metric survey of hawkers as when required
Add/modify new hawker details as when required
Post implementation following manpower should be deployed to keep the system up and
running.
Supervisor for any trouble shooting
Support staff for Application maintenance
3.59. Consortium: -
Consortium not allowed.
3.60. NMMC and SI Agreement
By submitting a Bid in response to this Tender, the SI agrees to promptly engage in contract with NMMC if it is selected for the assignment
NMMC will first issue a Letter of acceptance to the SI. The SI shall submit its acceptance within a week of issue of the Letter of Acceptance.
From the date of issuance of a Letter of Acceptance to the selected SI, the SI shall sign an agreement in this Bid document, with NMMC at the time, place and in the format prescribed by NMMC. The agreement shall include all agreed terms, conditions and specifications of this tender document and also the Bill of material and price, as agreed finally after Bid evaluation. The Agreement shall be executed in Marathi language in 2 (TWO) original, with both NMMC and the SI receiving the duly signed original. The Agreement shall be valid till all contractual obligations are fulfilled
All questions, disputes and differences arising under and out of, or in connection with the agreement shall be referred to the sole arbitration by an arbitrator appointed under the provisions of the Arbitration and Conciliation Act, by the Commissioner, NMMC, Belapur Bhavan.
Any notice by one party to the other pursuant to the agreement shall be sent by telegram/telex/cable/fax/e-mail and confirmed in writing to the address specified for that purpose in the agreement.
By entering into a agreement with NMMC, the SI acknowledges that the SI has the expertise and the competence in executing all phases of work involved in the provisions of this Bid. The SI also acknowledges that NMMC relies on this statement, therefore neither accepting responsibility for, nor relieving the SI of the responsibility for the performance of all provisions and terms and conditions of this Bid.
The SI shall supply all goods or materials, whose Bid is accepted, strictly in accordance with the specifications, drawings, data sheets, other attachments and conditions stated. Any alterations of these conditions shall not be made without the consent of NMMC in writing, which must be obtained before any work against the order is commenced.
All material furnished by the SI pursuant to the agreement (irrespective of whether engineering, design data or other information has been furnished, reviewed or approved
27
Signature of Tenderer No. of Corrections Signature of Dept HOD
by NMMC) will be guaranteed to the best quality of their respective kind (unless otherwise specifically authorized in writing by NMMC) of workmanship and materials, and to be of sufficient size and capacity and of proper materials so as to fulfill in all respects with all operating conditions.
In the event that the material supplied is defective or do not meet the specifications and are not in accordance with the drawings, data sheets or the terms of the order, SI shall replace the material at no extra cost to NMMC . Failure on the part of SI may prompt NMMC to immediately replace the material at the cost of SI.
The entire responsibility of supply, warranty and the agreement execution lies with the SI, on whom the Purchase-cum-Work Order is placed and with whom the agreement is signed.
The SI shall be overall responsible for the entire work, including that done by its consortium partners. NMMC shall not enter into any dialogue with the consortium partners. NMMC shall only interact with the SI.
28
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.61. Annexure –1 - UNDERTAKING OF TENDERER
(On a Rs. 100/- Stamp paper)
Having examined the tender documents including all the annexure, the receipt of which is hereby duly acknowledged, we, the
undersigned, state that the specifications, conditions, etc of this Tender have been carefully studied and understood by me / us before
submitting this Tender. I / We hereby declare that I / We have made myself / ourselves thoroughly conversant with the conditions of
the tender and I / we have based my / our commercial bid for the Tender and offer to undertake the work / supply / deliver
________________________________ (Description of Work / Goods / Services) in conformity with the said tender documents.
We agree to abide by this tender offer till __________ and shall remain binding upon us and may be accepted at any time before the
expiration of that period.
A demand draft No...............................Dated ...................... from the Nationalised/ Scheduled Bank
at.......................................................... in respect of the sum of *Rs............................................................. is herewith forwarded
representing the Earnest Money. I/ we agree that the amount of Earnest Money shall not bear interest and shall be liable to be
forfeited to the Corporation, should I/we fail to (i) Abide by the stipulation to keep the offer open for the period of 120 days from the
date fixed for opening the same and thereafter until it is withdrawn by me/ us by notice in writing duly addressed to the authority
opening the Tenders. (ii) Security Deposit as specified in the time limit laid down in the Detailed Tender Notice. The amount of earnest
money may be adjusted towards the security deposit or refunded to me /us if so desired by me/us in writing, unless the same or any
part thereof has been forfeited as aforesaid.
Should this Tender be accepted I/ we hereby agree to abide by and fulfill all the terms and provisions of the conditions of contract
annexed hereto so far as applicable and in default thereof to forfeited and pay to NMMC the sums of money mentioned in the said
conditions. If our tender offer is accepted we will deposit the specified amount as security deposit for the due performance of the
Contract and during the warranty. I / We undertake to use only the best materials approved by the Municipal Commissioner of
N.M.M.C. or his duly authorized representative, before starting the Work and to abide by his decision. Until a formal contract is
prepared and executed, this tender offer, together with your written acceptance thereof and your notification of award, shall
constitute a binding contract between us.
We understand that you are not bond to accept the lowest or any offer you may receive.
The information / documents submitted by us are true to our knowledge and if the information / documents so furnished shall be
found to be untrue or false, the Tender shall be liable to be disqualified and our Earnest Money accompanying the Tender will be
forfeited.
Date the ...................... day of ......................... 20
Signature of Tenderer Signature of Authorized Person
29
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.62. Annexure –2 - List of Work in Hand as on the date of submission of this tender
Sr. No. Name of
Order
Name and Address of Customer
Work In Hand
Anticipated Date of
Completion
Remark
Tender Cost Cost of Remaining
Work
1. 2. 3. 4. 5. 6. 7.
Date: _______ Place: _______
Signature of the Tenderer
30
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.63. Annexure –3 - List of relevant plant and machinery.
Sr.
No.
Name of
equipment
No. of units Kind
and
make
Capacity Age &
Conditions
Present
Location
Remarks
A Immediately available
B Proposed to be procured
Date: _______ Place: _______
Signature of the Tenderer
31
Signature of Tenderer No. of Corrections Signature of Dept HOD
3.64. Annexure –4 - Manufacturer's Authorization Form (MAF)
No._____________ dated _________ To Municipal Commissioner Navi Mumbai Municipal Corporation Belapur, Navi Mumbai. Dear Sir, Tender Reference No. ____________ We ____________________________ who are established and reputable manufacturers of
_____________________ having factories at _________and ____________do hereby authorize
M/s.______________________________ (Name and address of Agent / Dealer) to offer their
negotiate and conclude the contract with you against the above invitation for tender offer.
We hereby extend our full guarantee and warranty as per terms and conditions of the tender and
the contract for the goods and services offered against this invitation, for the goods and services
offered by the above Agent / Dealer. In case our above authorized Agent / Dealer is unable to
supply the goods and services during the period of the contract to the satisfaction of the Municipal
Corporation, we undertake to unilaterally fulfill the contractual obligations of the said Dealer
/Agent either directly or through another Dealer/ Agent.
Yours faithfully
(Name) for and on behalf of M/s. ____________ (Name of manufacturers)
Note: This letter of authority should be on the letterhead of the manufacturing concern and
should be signed by a competent person of the manufacturer.
32
3.65. Annexure –5 - Details of Works of similar type and magnitude carried out by the Tenderer (last 3 years)
Name of the Tenderer:
Sr. No. Type of Work / Supply / service
Name & address of Customer
Value Date of starting
Date of completion Remarks
Scheduled Actual
1)
2)
3)
4)
5)
6)
7)
8)
9)
Date: _______ Place: _______
Signature of the Tenderer
33
3.66. Annexure –6 - List of Work in Hand as on the date of submission of this Tender
Sr. No. Name of Order Name and Address of Customer
Work In Hand
Anticipated Date of Completion
Remark
Tender Cost Cost of Remaining Work
1. 2. 3. 4. 5. 6. 7.
Date: _______ Place: _______
Signature of the Tenderer
34
3.67. Annexure –7- List of relevant plant and machinery.
Sr. No.
Name of equipment No. of units Kind and make Capacity Age & Conditions
Present Location Remarks
A Immediately available
B Proposed to be procured
Date: _______ Place: _______
Signature of the Tenderer
35
3.68. Annexure – 8- Details of Technical Personnel available with the Tenderer
Name of the Tenderer:
Sr. No. Name of Staff Technical
Qualification
Whether Working in field or in office
Experience of execution of similar
Works
Period for which employed with the
Tenderer
Remarks
1 2 3 4 5 6 7
Date: _______ Place: _______
Signature of the Tenderer
36
3.69. Annexure 9 –Affidavit
(On a Rs. 100/- Stamp paper)
I/We hereby state that we are aware of the provisions of section10 (1) 10 (f) and (g) of the BPMC Act, 1949, which are
reproduced below, and solemnly state that we have no partnership with or any share with any Corporate of this Corporation in
our company and are not associated presently or in the past with any of the office bearers or Corporator of the Navi Mumbai
Municipal Corporation, either directly of indirectly.
Extract of Sec 10 of BPMC Act
10 (1) Subject to the Provisions of Section 13 and 404, a person shall be disqualified for being elected and for being a
councilor
10 (f) “Subject to the provisions of sub-section (2), has directly or indirectly, by himself or his partner any share or
interest in any Contract or employment with, by or on behalf of the Corporation”.
10 (g) “Having been elected a councilor is retained or employed in any professional capacity either personally or in
the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with
any cause or proceeding in which the Corporation or the Commissioner or the Transport Manager is interested or
concerned”.
We are aware that the above information if found to be untrue or false, we shall be liable to be disqualified and the Earnest
Money accompanying the Tender shall stand forfeited to the Corporation. We are also aware that if the information produced
above is found to be untrue or false during the currency of the Contract, we shall be held to be in default and the Contract, if any
awarded to us, shall be terminated with all its concurrences.
Date the .................. day of ................... 20 Signature of Witness
37
3.70. Annexure –10 - FORM OF BANK GUARANTEE BOND
(For Performance Guarantee)
1 In consideration of the Navi Mumbai Municipal Corporation (hereinafter called ‘NMMC’) having agreed to exempt _____________________________________ (hereinafter called “the said Operator / Contractor/ Tenderer / Supplier (s)’) from the demand under the terms and conditions of an Agreement dated _______________________________for __________________________________ (hereinafter called “the said Agreement”) of security deposit for the due fulfillment by the said Tenderer as per the terms and conditions contained in the said Agreement, and on production of a Bank Guarantee for Rs. ________________ (Rupees ___________________________________Only) we, _(indicate the name of bank)____________ (hereinafter referred to as ‘the bank’) at the request of ______________________________ the Operator / Contractor/ Tenderer / Supplier (s) do hereby undertake to pay the NMMC an amount not exceeding Rs. _____________________________ against any loss or demand caused to or suffered or would be caused to or suffered by the NMMC by reason of any breach by the said Operator / Contractor/ Tenderer / Supplier (s) of any of the terms or conditions contained in the said Agreement.
2. The Bank do hereby undertakes to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the NMMC stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the NMMC by reason of breach by the said Operator / Contractor/ Tenderer / Supplier (s) of any of the terms or conditions contained in the said Agreement or by reasons of the Operator / Contractor/ Tenderer / Supplier (s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs __________ (Rs _________in words).
3. We, undertake to pay to the NMMC any money so demanded not with standing any dispute or disputes raised by the Operator / Contractor/ Tenderer / Supplier (s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Operator / Contractor/ Tenderer / Supplier (s) shall have no claim against us for making such payment.
4. We, (indicate the name of Bank)____________________________ further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the NMMC under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the Municipal Commissioner of NMMC certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Operator / Contractor/ Tenderer / Supplier (s) and accordingly of the said Agreement have been fully and properly carried out by the said Operator / Contractor/ Tenderer / Supplier (s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the ..................we shall be discharged from all liability under this guarantee thereafter.
5. We, (indicate the name of Bank)___________________________further agree with the NMMC that NMMC shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time to performance by the said Operator / Contractor/ Tenderer / Supplier (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the NMMC against the said Operator / Contractor/ Tenderer / Supplier (s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Operator / Contractor/ Tenderer / Supplier (s) or for any forbearance, act or commission on the part of the NMMC or any indulgence by the NMMC to the said Operator / Contractor/ Tenderer / Supplier (s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Operator / Contractor/ Tenderer / Supplier (s).
7. We, (indicate the name of Bank).................................... lastly undertake not to revoke this guarantee during its currency except with the previous consent of the NMMC in writing.
Dated the .............. day of ............20 For ...................................................
(indicate the name of bank)
Signature of Tenderer No. of Correction Signature of NMMC Officer
38
4. Project Details
4.1. Introduction:
Navi Mumbai Municipal Corporation intends to carryout Bio-metric Survey of Hawkers & develop a robust GIS based IT Software that helps in maintaining records of all hawkers in NMMC limit area. With a view to take the benefits of Information Technology and as a part of its e-Governance initiative, the Navi Mumbai Municipal Corporation has embarked on unique software that seeks to redefine public service. The objective of project is to provide development of system that will enable NMMC to automate and consolidate data regarding registered and unregistered hawkers across NMMC. It also provides the vision of efficient and successful utilization of schemes and funds of NMMC, State and Central Government for such people. In NMMC area there are approximately 2,100 Licensed Hawkers and there may be approximately 8,000 to 10,000 unauthorized Hawkers carrying hawking activity.
4.2. Project Objectives :
NMMC intends to carry out Bio-metric GIS based survey of all hawkers within NMMC area and get registered each hawker through Online Registration System with help of Laptop/Tab/PDA etc. The proposed system should be robust and include functionality starting from ward-wise on-site entry of primary information of all hawkers in NMMC limit area along with their thumb impressions and photographs. The key objectives are as follows:
To carry out Bio-metric survey of hawkers in limits of NMMC area.
To develop GIS based software for Hawkers & supply, implement and maintain for 3 years.
To get centralized Information of all hawkers in NMMC limits.
Preparation of Registration certificate and Identity Card to Hawkers
It will also help in providing instant information for details related to schemes and funds of NMMC, State and Central Government
Facilitate the decision making process of top management by furnishing the right information at right time.
Harness the use of technology to create sense of achievement and efficiency To achieve these objectives, it is imperative that the Software of License Department should be designed in holistic and comprehensive manner. Any item or data needs to be entered once and then should be made available as & when any department needs to use it.
4.3. Scope of Work
Bidder should develop software, Supply and Implement Online Registration System and
Prepare biometric Survey for License Department in 8 Ward offices in Navi Mumbai Municipal
Corporation.
Bidder should Develop software and provide online Registration System for all the hawkers
Information. The System will contain all the details of the Street vendor / hawker, his license
number, period, payments etc. with the photo copy and biometry of the hawker.
Bidder should develop the application using J2EE and PostgreSQL as database
Bidder should follow GIGW (Guidelines for Indian Government Websites) norms.
Bidder should maintain SDLC Life Cycle for Implementation of online Project.
Bidder should Prepare SRS document and design system as per requirement of License
department.
39
Bidder should include full workflow of License Department.
Bidder should develop application software which will integrate the data in hard copy and
data from Hardware instrument.
Bidder should develop application software which will have the facility to Integrate GIS data
all the hawkers.
Bidder should integrate Online application with Google Maps and NMMC base map
The complete ward-wise onsite survey of all hawkers in NMMC limit area must be completed
in duration of three months which includes primary information of hawkers along with their
thumb impressions, photographs and GIS Attributes.
Bidder should collect UID information for hawkers and port in application.
Bidder should provide all necessary hardware for biometric survey and implementation of
project
Bidder have choice to USE Any Hardware like Laptops with Biometric devices and Webcams
or Latest IPADS or TABS, But should maintain accuracy in collection of data and survey
Bidder should provide all the necessary Software for future purpose for successful
implementation of Project. bidder shall develop APPS ie TAB based application for Survey and
Bidder had porting data form Tab application to online system In that case Bidder should
provide both Software’s TAB based and Online Software with source code and database.
Bidder should provide Manpower required for running and executing the software.
Bidder should develop application which is capable of incorporating and migrating previously
available data of License department, NMMC into it.
This application shall have facility of online payment gateway with integration with NMMC
ERP solution.
Hawker Software shall be in bilingual mode ie. Bidder should provide Unicode based fonts for
Marathi and English data entry.
Bidder should design & develop Application workflow with detail requirement of License
department with all form attributes
The Application database should be robust and enough to handle Concurrent User Load.
If required, NMMC authorized officer will be using application to feed data into system.
The application should run on the device carried by user.
Bidder should provide Training to Authorized officials of NMMC (i.e. Concern AMC, Ward
operator cum clerk and other concern Officer/Staff)
The Bidder shall deploy all the technical manpower to execute this work to the satisfaction of
NMMC. The manpower so provided will be responsible for technical support, application
server deployment, training and coordination with NMMC official for the successful
implementation of application
Operation and maintenance of Application software is to ensure that all the relevant services
shall work in the network with best efficient and without observing downtime or Failures.
The agency shall also support, configure servers and devices required for proper functioning
of the Online Registration system deployed on the server.
Bidder should modify the software system with respect to software security (e.g.-digital
signature component integration, logs etc)
Bidder should modify Application software as per NMMC requirement. Bidder should
incorporate changes related to legal, Standing committee, General Body resolution.
All activity logs and other MIS reports should be generated as per NMMC ’s requirement
Bidder should maintain 98% uptime for the website for NMMC during contract period.
Software provision, maintenance & installation of upgraded versions wherever required will
be provided by the Bidder at their own cost & responsibility.
Database, Data backup, Application, Disaster recovery, Stand by server related to server has
to be managed by bidder.
Following documentation should be given by bidder User Manuals, Database structure and
software Design, Source Code with all detail documentation, Deployment Guide, Critical
Application Setting, Server Side setting, FONT and Other parameter setting on Server and
Client Side, Table Master Data.
4.4. Functional Scope of Module
Functionality Integration required
with
A] Online Registration of Hawkers Software Functionality -
a) User Management :
Secure Login authentication for users in system
Preparation of Form for Data Entry of hawkers Information with biometric details and Photo in Online System
According to NMMC requirement Bidder should Design form for the Registration of Hawkers System
Ward-wise on-site collection of primary information along with
42
photograph and thumb impression of hawkers and stall owners by the appointed bidder for NMMC
The end user will be using application to feed data into
system. Application should provide all functions to capture following details:
hawker’s Full Name
hawker’s Father’s Name
hawker’s Phone No.
hawker’s Date of Birth
hawker’s Address
hawker’s ID Card Details
hawker’s card scanned copy
hawker’s photograph
hawker’s Biometric data
hawker’s property address / Address of Business
hawker’s property geo-location(GIS attributes)
hawker’s lease number
hawker’s UID number
hawker’s property ID proof
hawker’s ration card proof
hawker’s below poverty line certificate (if available)
Nationalised Bank Account number
others
Updation of hawker’s Information with Proper Authorities
Issue of hawker’s Licenses and Renewal of licensees
Integration of GIS system with details
Collection of Licensee’s fee with Challan
Scroll Reports for Collection Details of Licensee’s with Duration(Date Wise)
Old Data Migration by bidder from License department
Ward Office Survey Data Porting in Online System should be done by bidder daily
System should maintain ward wise total data and information of hawkers in NMMC limit area
Final confirmation of list of hawkers in NMMC limit area by authorized officer of NMMC
Issuance of Identity Cards to confirmed hawkers after approval of authorized officer
User logins for different access levels with appropriate access rights.
Web Portal
Auto-generation of various communications to the hawkers. (SMS / E-Mails)
Secure and encrypted thumb impressions and photographs of
43
hawkers.
Facility of online payment gateway and Integration of payment fees / penalties incurred on hawkers through CFC
b) Payment Management :
Payment of fees /penalties /taxes incurred on hawkers by them in CFC
Details of paid fees/ taxes in CFC must be integrated with License Department software
Web portal, CFC,
Accounts
Integration of Payment Gateway for online Payment Gateway with Encraochment system if requires.
B] MIS -
Dashboard for management of hawkers
Drill Down Reports for Hawker details
Details of ward wise hawkers details
Detailed list of legal and illegal hawkers
List of hawkers zone wise, road wise
Gender wise details
Details of ward wise , legal and illegal hawkers and stall owners details in GIS
As per NMMC’s requirement MIS report Design
Other MIS like type of business, physically challenged
Any other MIS prescribed in the course of contract.
Up gradation of the product to the latest version / revised requirement in the scope
C] IT and Infrastructure -
Security (SSL, Encryption, Biometric etc.)
Backup and restoration
Purging
Access Control Rights
Email and SMS gateway
Audit Trails
Integration to other Applications ERP/FAS accounts module, Document Management System, Property Tax, GIS etc and as required by NMMC.
Flexible to define the terms and easily modifiable as per requirements of NMMC
System should be able to incorporate and migrate available data with NMMC into it
Bill of payment fees/penalties incurred on legal hawkers should be generated
DMS for work flow (Indent - Closure)
Bilingual Application Should support both - Marathi and English
CFC
44
Attachment Control and Version control
Program Maintenance and Audits
System should be capable of integrating multiple devices from multiple vendors as finalized by NMMC from time to time
On-going maintenance and support.
Any additional feature / functionality as will be given by NMMC
Ensure speed and follow up of SLA
Improve systems features and response as and when required / ongoing activity
D] Administration & Operations -
Manpower required shall be provided by the bidder to meet the contract requirement.
Regular periodic Audit conducted by the Third Party approved by NMMC
Ensure working in proper environment, conducive atmosphere, disciplined manner with maintaining full confidentiality.
Follow rules and regulations as specified by NMMC
Work for extended hours / after office hours / Holidays if required by NMMC
Provide support to other locations in Navi Mumbai
E] Maintenance -
“Maintenance” shall mean and include but will not be limited to
the following :
Locate, remove and repair technical faults.
Providing the spares when the parts become faulty and cannot be
repaired.
Identify Software related problems such as run time error, viruses
etc. & rectify the same under intimation to NMMC.
Housekeeping of all Hardware
Ensuring clean power supply
Take care of system Administration
Software maintenance & installation of upgraded versions
wherever provided.
Any other task to be performed to keep the system functional.
Use of authorized Software
SLA Response: Upload or Download of documents of File
o size 40 MB-less than 1 working hour
Troubleshooting of the program - less than 4 hours
Changes in the program and up gradation of system as per
schedule given by NMMC authority
45
4.5. Requirement of manpower and duration of Work :
The Bidder is responsible for providing well-trained staff for Software Development, Supply,
Maintenance of Software and Implementation of Online Registration System and Preparation of
biometric Survey of hawkers in all 8 Ward Offices in NMMC limit area, feeding data into system,
maintenance, etc. The bidder shall provide requisite manpower for software development and
maintenance of the ongoing software running applications at NMMC.
Bidder should complete all mentioned work within THREE MONTHS.
The bidder must submit bio-data of the manpower to be deployed in the bid.
The following manpower shall be deployed during the survey phase
Field staff in each ward those are conversant with using tablet/GPS Unit for data
collection.
Team leader who should have at least 5 years of relevant experience.
Data entry operators at each ward (minimum 2) for collection of information submitted
by hawkers.
The software development team should have following resources:
Database administrator with minimum 2 years of relevant experience.
Two J2EE expert with minimum 3 years of relevant experience.
GIS expert with relevant degree/professional course and minimum 5 years of experience.
Team leader with at least 5 years of experience of execution of turnkey projects for
government/semi-government/ULB etc.
4.6. Technical Requirement:
The development of software will utilize open source frameworks such as J2EE, Spring framework, Hibernate, JBoss and using Eclipse as IDE. In addition, traditional java coding practices coupled with best-practices design patterns will be followed.
The proposed solution will be based on 3-tier architecture, web enabled with the data stored centrally/ distributed on server(s).
The application will be independent of Operating System, Browser and the database
The application will be open, inter-operable, highly scalable and capable of delivering high-performance in varied field conditions.
Component-based architecture to enable extensibility of features and functions
Leverage open source platforms as much as possible to reduce overall TCO.
Framework choice is based on various factors including scalability, easy to upgrade etc.
Common-logging and log4j will be used for logging purposes in the applications.
Entire system is UTF-8 compatible including the Database and reports.
46
Tier I – Front end Client
Interface
Tier II – Middle Ware Tier III – Back End Server
Client Interface - Mozilla
compatible browsers like
Internet Explorer 7+, Firefox
3.5+, Google chrome etc.
Technologies- JSP, DHTML,
Jquery, Javascript, Ajax etc
J2EE Compliant Application
Server.
Technologies : Java, Spring
framework, Hibernate, Quartz
scheduler, Velocity Templates etc
Operating System – Fedora.
Database Server – PostgreSQL
Enterprise
Document Management System –
Apache Jackrabbit customized to
meet the application
requirements.
JA-SIG (CAS) as SSO server.
4.7. Project Delivery Milestones:-
# Milestone Exit Criteria
M1 Requirement study and analysis SRS document preparation and signoff
M2 Software Design Document SDD document preparation and signoff
M3 Bio- Metric Survey of Hawkers & collection
of data (Complete Survey) in NMMC area
& including compilation of Data as per
requirement
Collection of Data and data entry to the
application
Mapping GIS survey data on Google Map
M4 Development, Supply, Implementation,
Installation of software & manpower,
maintenance of Online Hawkers
Registration System for Navi Mumbai
Municipal Corporation for 3 Years
Working of Software. Release of Beta
version.
M5 Preparation of Hawkers Registration
Certificates and Identity Card along with
appropriate information with QR code
(Each)
Issue of Certificate and Identity Card
M6 User Manual, Training and Hand Over of
Source Code
Details document and Source code
Proposed software and project development method is comprised of a series of very definite phases,
each one run intended to be started sequentially only after the last has been completed, with one or
more tangible deliverables produced at the end of each phase. Essentially, it starts with documentation,
47
requirements-planning-and-sign-off's. Key stages of the solution development are as described in the
sections below:
Phase 1/2 – Discovery and Requirement Gathering at NMMC
The requirements analysis phase is concerned with capturing the requirements of the package. The
requirements review is a meeting with the aim of discussing these requirements. The final output of this
phase is a formal requirements document (Software Requirement Specification), which aims to freeze the
requirements at this point and will serve as input to the design phase. Based on NMMC’s acceptance of
the business requirements specified in Phase 1, the technical requirements document will serve as a
blueprint for the development of the project. This document will include the detailed design of the
proposed solution and its architecture. This will also put a foundation for the next processes and
dependability on each other. The entry exit criteria for this phase are as defined below:
Business Analyst (BA) will execute the phase for defining and documenting the requirements model for
the system. A business analyst has domain skills in addition to meeting facilitation and client
communication skills. Knowledge transfer during this phase should occur at the beginning of the iteration
during the elaboration and construction phases. The requirements discussed during the knowledge
transfer should be baseline prior to this activity. At the start of knowledge transfer, artifacts include:
Baseline Use Case Specifications – Approved Functional requirements from ULB to begin technical design of the solution
Baseline Supplemental Requirements – Approved Nonfunctional requirements from ULB
Phase 3 –Bio-metric Survey/ GIS Mapping on Google Map and NMMC base map
NMMC intends to carry out Bio-metric GIS based survey of all hawkers within NMMC area and get registered each hawker through Online Registration System with help of Laptop/Tab/PDA etc. The proposed system should be robust and include functionality starting from ward-wise on-site entry of primary information of all hawkers in NMMC limit area along with their thumb impressions and photographs.
Design specifications and integration touch points are complete and reviewed
Developer environment is ready
Fully working application platform
49
Conversion – Verifies the compatibility of the converted data (spatial and non-spatial) with those
from existing survey data/ systems
Error-handling – Detects and responds to the exceptional conditions, such as erroneous input
Function – Verifies that every business function operates as specified in the requirements document
Interface and Intersystem – Helps confirm that the interconnections between interfacing applications
function correctly (If any)
Transaction Flow – Tests the path of a transaction from the time it enters the system until it is
completely processed. In an end-to-end process involves more than one system application, it is
important to test entire transaction flow
Business scenario tests – All critical business scenarios will be tested bundling the test cases together
to ensure GIS application is meeting the business requirements
Operational Acceptance Test: Will involve the activities below
Application Installation Test – helps confirm that the application installation guide (AIG) is correct
to setup the environment with no errors or problems
Interface and Recovery – helps check that applications in the production environments are
interfacing correctly and inputs/outputs are accurate
Phase 6 – Maintenance
Release the pilot of the Software solution and ULB evaluates the Software. Based upon the scope of
the project as defined in the proposal, If ULB require modification in the product; Vendor will execute
it and will submit the timeline for the same with concerned authority. The Release phase involves the
packaging of all sub-packages of the software; together with all relevant documentation in a suitable
format for distribution for ULB authorities.
S.R. # Project Phase Deliverables
6 Implementation and maintenance
Source code, User Guides, Implementation/installation/Integration Guide, training and hand holding activities
The roles and the responsibilities along with the ownership at every phase of the project are detailed
out in the section below.
50
4.8. Technical Architecture
Client Tier - The Client Tier supports the interaction of the user to the application. The user may be using a desktop system, Mobiles, Tablets with an internet browser installed.
Web Tier - The purpose of the web tier is to expose the business logic of the application. The web tier manages the interaction between the client and the application. The primary component of the web tier is the web container. The web container is part of the J2EE specification developed by Sun Microsystems. The web container dispatches requests to a J2EE application and manages session state.
The web tier consists of JSP’s, servlets, custom tags, XML, and HTML that will be used to present information. The web tier accepts HTTP and HTTPS requests and the Tomcat plug-in sends them to the application server. The application server gets the request, delegates the request to the appropriate action, where the request is further delegated to a business class and is processed. A response is then sent back to the client.
Business Tier - This business domain layer hosts and executes the business logic for the application. In the J2EE programming model, this layer is the link between the presentation and the data Tier.
For this application, this tier has commands and services which use the spring framework. This framework provides system level services such as transaction management, security and overall well being of the business objects
Data Layer - The data layer insulates the Business Domain Layer from the database schema. The data layer consists of objects that map the database objects to java objects (data mapping). These objects are persisted to support data access from the business domain layer. This approach helps separate the database implementation from the application so the application does not need to know the type of DBMS or how data is stored. In addition, this approach fosters portability and reusability. The key to this layer is the use of high performance object/relational persistence and query service, Hibernate. This lets
51
the java developer concentrate on writing java code whereas all the plumbing work to access the data is left to the framework. This framework also provides declarative transaction management, security, performance and high availability.
Security Model - Today’s technology offers many solutions to achieve the desired levels of security modifiable from time to time, depending on the changing user requirements. Agency shall undertake measures to provide advanced security features like access security, integrity, authentication of users, etc. Access privileges will be given in such a way that the user can view, enter, update and store the data at the discretion of the administrator. Agency will ensure that adequate security is built in while developing and implementing the system.
Server security - Ensuring security relating to the actual data or private files stored on the server. It involves limiting access to data stored on the server. Although this field is primarily the responsibility of the network administrator, the process of publishing data to the Web often requires information systems specialist to take an active hand in installing and implementing the security policy. In any case, access levels can be changed according to the user requirements at any point of time.
User-authentication security - All users shall be provided with user-login and password. Access levels to various screens and pertinent data may be provided. For example, only an administrator will be able to modify Master Data.
Session security – Ensuring that data is not intercepted as it is broadcast over the Internet or Intranet. Secure Sockets Layer (SSL) and S-HTTP – SSL encrypts all data transmitted between client and server during a session. SSL uses secure HTTP as its basic transmission protocol. This protocol is a variation of HTTP that provides the secure foundation for SSL transmission. S-HTTP performs what is known as a handshake when establishing a connection to exchange keys and creates an encrypted connection.
Tools & Technology - NMMC Stack : We propose to follow the following Architecture / similar technology stack.
Technology Version
JDK 1.6
Application Server – Jboss Enterprise Server 6.0
Database PostgreSQL 9.x Enterprise
J2EE Version 2.4
Spring Framework (AOP, CORE, MVC,
Webservices, DAO, Security)
3.x
Hibernate 3.x
Tiles 2.x
HTML/CSS and JavaScript Latest Versions
52
JQUERY 1.x
JSTL 1.x
Jasper Reports 3.x
JFreeChart for charts in Reports 1.x
POI for Reports 3.x
Log4J 1.x
Velocity Templating 1.x
AJAX – DWR 3.x
Maven 2.0 or higher
MyEclipse/ Eclipse as IDE For development
Operating System Windows (Development), Fedora (Production)
Availability – the app access to web service API should be made available online @ 99.99% SLA with a
failover plan. The app should be pointed to a domain name rather than an IP address.
Scalability – an application and architecture that can grow organically with growing traffic and user base.
Vertical scaling is adding more cpu, memory or disk resources to a single server, and horizontal scalability
is adding additional computing resources in parallel and then load balancing application requests over
them, such as load balancing a web server. Limited network bandwidth will be a cause of concern when it
comes to growing traffic. Few pointers might be considered
A distributed architecture that gives an efficient management of resources.
Scalable databases optimize your traffic/cost balance and give you a good app performance even if you have a buckeload of people usining your app.
Performance testing – For profiling the application to find performance bottlenecks use the trace view
tool. This gives a graphicalj view of performance traces of the application.
Deployment process – The process of releasing a final App to the public involves a fair amount of
packaging and assets that must be prepared and properly submitted or can be hosted on a enterprise
intranet server and can be made available to public.
5. Evaluation Process
5.1. Qualification Criteria
Prior to the detailed evaluation of the Technical Bids, NMMC shall determine whether each bid is (a) complete, (b) Is accompanied by the required information and documents and (c) is substantially responsive to the requirements set forth in the TENDER document Only vendors, who fulfill all the qualifications mentioned in the section schedule A - “qualification criteria” of the tender, shall be scrutinized further to rate/percentage the vendor.
53
NMMC may at its sole discretion, waive any minor informality or nonconformity or irregularity in a Bid Document, which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Bidder.
5.2. Bid Evaluation
The evaluation of the Bid will be based on Prequalification questionnaire and Financial (Commercial) /
Price Evaluation.
5.3. Financial Bid Evaluation
NMMC shall evaluate Financial Proposals of eligible bidders. If there is a discrepancy between
words and figures, the amount in words shall prevail. For any other calculation/ summation error etc.
the bid may be corrected accordingly.
Amongst the bidders who are considered for financial evaluation, the bidder quoting the lowest will be
preferably awarded the work at the discretion of NMMC.
The Bid Evaluation Committee reserves the right to accept or reject any or all bids without giving any
reasons thereof.
54
4] Annexure I: Format to share Organizational Profile
Sr.
No
Description
Details (to be filled by the
responder to the EoI)
1. Name of the company
2. Official address
3. Phone No. and Fax No.
4. Corporate Headquarters Address
5. Phone No. and Fax No.
6. Web Site Address
7. Details of Company’s Registration (Please
enclose attested copies of the documents)
8. Name of Registration Authority
9. Registration Number and Year of Registration
10 Product / Service for which Registered with
validity period
11 Quality Certificates (ISO 9001/SEI CMM) and its validity
12 CST/LST/VAT registration No.
13 Service Tax Registration No.
14 Permanent Account Number (PAN)
15 Company’s Revenue for last 3 years (yearwise)
16 Company’s Profitability for the last 3 years
(yearwise)
17 Details of Ownership of the Firm (Name
and Address of the Board of Directors,
Partners etc.)
55
Navi Mumbai Municipal Corporation [Confidential]
5] Annexure II: Format for Project Experience Details
The bidder should provide details of the projects executed in the area of development using GIS tools for
last 3 years in following format:
(For each of the Project)
Sl.
No.
Item
Description
Reference to
attached sheets
1 Name, Address and Phone No. of client
2 Brief project details
3 Period/ Date of contract and tenure
4 Solution detail
(a) project details
(b) Any other details
5 Total Value of the Contract
(Separate sheets may be attached to elaborate the projects undertaken)
Note : Necessary project completion certificate / satisfactory progress certificate must be provided as
documentary evidence of the projects executed.
56
Navi Mumbai Municipal Corporation
Name of Work : Development, implementation and comprehensive Maintenance of GIS based hawkers Software including biometric survey of hawkers with digitalized photo census along with Registration of Hawkers, issue of certification of registration and identity card to Hawkers
within NMMC area
Tender Notice No. NMMC/License/ 2 /2014-2015
6. Schedule 'B'
Sr.
No. Description of Item
Aprox.
Quantity in No.
Unit Rate per Unit in INR
(inclusive of all
Taxes)
Amount in INR (inclusive
of all Taxes)
1 2 3 4 5 6
1 Development, Implementation, Installation of GIS based Hawkers Management
software hosting at NMMC Server.
(Bidder should mentioned the details of hardware specification required for
running of application in separate sheet and Bidder should develop software as
per technical requirement mentioned in this RFP)
No. 1
2 Bio- Metric Survey of Hawkers & collection of data (Complete Survey) with
digitized photo census and GIS mapping on Google Map in 8 Ward Offices of
NMMC & including compilation of Data as per requirement. (It includes
manpower required for survey, data entry and management)
per Hawker
15000
3 Preparation of Hawkers Registration Certificates along with appropriate
information with QR code (Each) per Hawker
15000
4 Preparation of Identity Card along with appropriate information with QR code (Each)
per Hawker 15000
57
5 Annual Operation and maintenance of GIS based Hawkers Management software for License Department
Year 3
Total
Total:-
Contractors Quoted Percentage (+ / -) -
(In Word : _________________________________________________ )
Quoted Amount Rs. -
(In Word : _________________________________________________ )
Signature of Contractor DMC (License)
Navi Mumbai Municipal Corporation
58
7. GENERAL CONDITIONS OF CONTRACT
PART - I
INTERPRETATIONS AND DEFINIT IONS
1 S ingular and
Plural . Where the context so requires , words import ing the
s ingular sha l l a l so mean the p lura l and v ice versa .
2 . Gender Words import ing the mascul ine gender sha l l a l so inc lude
the feminine gender .
3 . Def in i t ions (a ) ‘Corporat ion’ sha l l mean Nav i Mumbai Munic ipa l Corporat ion as incorporated under the BPMC Act , 1949 .
(b) The ‘Munic ipa l Commiss ioner ’ sha l l mean the Munic ipa l Commiss ioner o f the Corporat ion, for the t ime be ing ho lding that o f f i ce and a lso h is successor and sha l l inc lude any o f f icer author ized by h im.
( c ) The ‘Engineer ’ sha l l mean the C i ty Engineer appo inted for the t ime be ing or any other o f f icer or o f f i cers o f the Corporat ion who may be author ized by the Commiss ioner to carry out the funct ions o f t he Engineer .
(d) ‘Eng ineer ’s Representat ive ’ sha l l mean Execut ive Engineer/ Deputy Engineer/ Sect iona l Engineer / Junior Engineer or any other munic ipa l employee or employees appo inted f rom t ime to t ime by the ‘Eng ineer ’ to per form the dut ies set forth in Clause No.66 hereof and genera l ly to ass i s t the Engineer for the purpose o f the contract and whose author i ty sha l l be not i f ied in wr i t ing to the contractor by the Engineer .
(e ) The ‘Contract ’ sha l l mean the tender and acceptance thereof and the formal agreement i f any , executed between the Contractor, and the Corporat ion together with the documents re ferred to there in inc luding these condi t ions and appendices and any spec ia l condi t ions , the spec i f i cat ions , des igns , drawings , pr ice schedules , b i l l s o f quant i t ies and schedule o f rates . A l l these documents taken together sha l l be deemed to form one Contract and sha l l be complementary to one another .
59
The order o f precedence in case o f d iscrepanc ies sha l l be
as under ,
1 . Contract Agreements . 2 . The le tter o f Acceptance . 3 . Not ice inv i t ing Tender & Inst ruct ions to Tenderer . 4 . Spec ia l Condi t ions o f Contract . 5 . The Genera l Condi t ions o f Contract . 6 . Schedule o f Rates & Quant i t ies . 7 . The Technica l spec i f icat ions . 8 . The Drawings 9 . Schedules & Annexure .
( f ) The ‘Contractor ’ sha l l mean the indiv idu a l or f i rm or company whether incorporated or not , undertak ing the Works and sha l l inc lude lega l representat ives o f such indiv idua l or persons compos ing such f i rm or unincorporated company or successors o f such f i rm or company as the case may be and permit ted ass igns o f such indiv idua l or f i rm or company.
(g ) ‘Contract sum’ means the sum named in the le tter of acceptance inc luding phys ica l cont ingenc ies subject to such addi t ion thereto o r deduct ion there - f rom as may be made under the prov is ions here inafter conta ined.
Note : The contract sum sha l l inc lude the fo l lowing : -
1 . (a) In the case o f percentage rate contracts , the
est imated va lue o f Works as ment ioned in the tender
adjusted by the Contractor 's percentage .
(b) In the case o f i tem rate contracts , t he cost o f the
Work arr ived at a f ter extens ion o f the quant i t ies
shown in schedule o f i tems/ quant i t ies by the i tem
rates quoted by the tenderer for var ious i tems and
summat ion o f the extended cost o f each i tem.
( c ) In case o f lump sum contract , the sum for which
tender i s accepted.
2 . Spec ia l d i scount/ Rebate/ Trade d iscount o f fered by
60
the tenderer i f any and accepted by the
Corporat ion.
3 . Addi t ions or de let ions that are accepted af ter
opening of the tenders.
4 . Phys ic a l cont ingenc ies , i f any an accepted by the
Corporat ion.
(h) ‘Excepted r i sks ’ are r i sks due to r iots (otherwise than among Contractors ’ employees) and c iv i l commot ion ( in so far as both these are uninsurable ) , war (whether dec lared or not ) , invas ion, ac t o f fore ign enemies, host i l i t ies , c iv i l war , rebe l l ion, revo lut ion, insurrect ion, mi l i tary or usurped power , any act o f government , damage f rom a i rcraf t , acts o f god, such as earthquake, l ightn ing and unpre cedented f loods and other causes over which the C ontractor has no contro l and accepted as such by the Commiss ioner.
( i ) The ‘S i te ’ mean the land and other p laces , more spec i f i ca l ly ment ioned in the spec ia l condi t ions o f the tender , on, under , in or through which the Works or temporary Works are to be execut ed and any other lands and p laces prov ided by the Corporat ion for work ing space or any other purpose as may be spec i f i ca l ly des ignated in the contract as forming part o f the s i te .
( j ) ‘Urgent Works ’ sha l l mean any measures which in the opin ion o f the Engineer become necessary dur ing the progress o f the Work to obv iate any r i sk o f acc ident or fa i lure or which become necessary for secur i ty .
(k ) The ‘Works ’ sha l l mean the tasks to be executed in accordance with the contract or part (s ) thereof, as the case may be, an d sha l l inc lude a l l ext ra or addi t iona l , a l tered or subst i tuted Works as required for per formance o f the contract .
( l ) ‘Construct ion P lant ’ sha l l mean a l l appl iances or th ings o f whatever nature required in or about the execut ion, complet ion or maintenance o f the Works or temporary Works (as here in a f ter def ined) but sha l l not inc lude mater ia l s or o ther
61
th ings intended to form or forming part o f the Works .
(m) ‘Temporary Works ’ sha l l mean a l l temporary tasks of every k ind required in or about execut ion, complet ion or maintenance o f the Work .
(n) ‘Drawing’ sha l l mean the drawings re ferred to in the spec i f i cat ion and any modi f icat ion o f such drawings approved in wr i t ing by the Engineer and such drawings as may from t ime to t ime be furn ished or approved in wr i t ing by t he Engineer .
(o ) ‘Approved’ sha l l mean approved in wr i t ing inc luding subsequent conf i rmat ion o f prev ious verba l approva l and “ Approva l” shal l mean approva l in wr i t ing inc luding as a foresa id .
(p) ‘ Spec i f i cat ion’ means the spec i f i cat ion re ferred to in the tender a nd any modi f icat ion thereof or addi t ion or deduct ion thereto as may f rom t ime to t ime be furn ished or approved in wr i t ing by the Engineer .
(q) “ Tender” means the Contractor ’ s pr iced o f fer to the Corporat ion for the execut ion and complet ion o f the Works and t he remedy ing o f any defects there in in accordance with the prov is ion o f the Contract , as accepted by the Let ter o f Acceptance .
( r ) ‘ Letter o f Acceptance ’ means the formal acceptance by the Corporat ion.
( s ) ‘Commencement Date ’ means the date upon which the Contractor rece ives the not ice to commence the work i ssued by the Engineer pursuant to C lause 80 .
( t ) ‘T ime for Complet ion’ means the t ime for complet ing the execut ion o f and pass ing the Tests on Complet ion o f the Works or any Sect ion or part thereof as s tated in the Contract (or as extended under C lause 83 ca lcu lated f rom the Commencement Date .
(u) The ‘Annexure ’ re ferred to in these condi t ions sha l l means the re levant annexure appended to the tender papers issued by the Corporat ion.
62
PART – I I
INSTRUCTIONS TO CONTRACTOR
4. 10.
Scope o f Work
The Work to be carr ied out under the Contract sha l l ,
except as otherwise prov ided in these condi t ions , inc lude
a l l labour , mater ia l s , too ls , p lant , equipment and
t ransport which may be required in preparat ion o f and
for and in the fu l l and ent i re Execut ion and complet ion
o f the Works . The descr ipt ions g iven in the schedule o f
Works / i tems / quant i t ies , and the B i l ls o f Quant i t ies
sha l l , un less otherwise s tated, be he ld to inc lude waste on
mater ia l s , carr iage and cartage , carry ing i n , return o f
empt ies , ho is t ing , set t ing , f i t t ing and f ix ing in pos i t ion
and a l l o ther labour necessary in and for the fu l l and
ent i re execut ion and complet ion as a foresa id in
accordance with good pract ice and recognized pr inc ip les .
5 . 17.
Corrupt or
Fraudule nt
Pract ices
The Corporat ion requires that the b idders/suppl iers/
contractors under th is tender observe the h ighest
s tandards o f eth ics dur ing the procurement and execut ion
o f such contracts . In pursuance o f th is po l icy , the
Corporat ion def ines for the pur poses o f this prov is ion, the
terms set forth as fo l lows:
a)“ corrupt pract ice” means the o f fer ing, g iv ing , rece iv ing
or so l i c i t ing o f any th ing o f va lue to inf luence the act ion
o f the publ ic o f f i c ia l in the procurement process or in
contract execut ion; and
b)“ f raudulent pract ice” means a misrepresentat ion o f
facts in order to inf luence a procurement process or a
execut ion o f a contract to the detr iment o f the
Corporat ion, and inc ludes co l lus ive pract ice among
b idders (pr ior to or a f ter b id submiss ion) des ig ned to
establ i sh b id pr ices at ar t i f i c ia l non -compet it ive leve ls
and to depr ive the Corporat ion o f the benef i t s o f the f ree
and open compet i t ion;
The Corporat ion wi l l re ject a proposa l for award i f i t
determines that the B idder recommended for award has
engaged in corrupt or f raudulent pract ices in compet ing
for the contract in quest ion; The Corporat ion wi l l a f i rm
ine l ig ib le , e i ther indef in i te ly or for a stated per iod o f
t ime, to be awarded a contract i f i t a t any t ime
determines that the f i rm has engaged in corrupt and
f raudulent pract ices in compet ing for , o r in execut ing, a
contract .
6 . 4.
Int imat ion to
Success fu l
The acceptance o f tender may be communicated to the
Success fu l Tenderer in wr i t ing or o therwise e i ther by the
tender opening author i ty or any author i ty in the
63
Tenderers Corporat ion.
7 . 5.
Secur i ty
Depos i t
The Contractor sha l l pay a secur i ty deposi t equal to f ive
percent o f the contract sum as secur i ty for due fu l f i l lment
o f the contract , un less otherwise stated in the tender
documents .
The mode of mak ing th is depos i t i s as under .
In i t ia l o r contract depos i t
A sum, which a long with the earnest money a l ready pa id ,
amounts to three percent o f the contract sum sha l l be
pa id with in 15 days a f ter rece ipt o f int imat ion in wr it ing
o f acceptance o f tender . I t i s opt iona l to the contractor to
make the contract depos i t in one o f the other o f the
fo l lowing ways :
i ) Whol ly in cash or . i i ) Whol ly in form of Nat iona l sav ing Cert i f i cate
p ledged in favour of the Corporat ion or Bank Guarantees / F ixed depos i t f rom Nat iona l i sed / Scheduled Banks in the enc losed format .
i i i ) Part ly in cash and part ly in form of Nat iona l sav ing Cert i f i cate pledged in favour of the Corporat ion or Bank Guarantees / F ixed depos i t f rom Nat iona l i sed / Scheduled Banks in the enc losed format
Retent ion M oney:
The remain ing amount o f the secur i ty depos i t i .e . 2% sha l l
be recovered f rom the Contractor ’s running b i l l s a t the
rate o f f ive percent and such retent ion together with the
contract depos it made as a foresa id sha l l not exceed in the
aggregate f ive per cent o f the contract sum af ter which
such retent ion wi l l cease .
8 . 6.
For fe i ture o f
Secur i ty
Depos i t
A l l compensat ion or other sums o f money payable by the
contractor under the terms o f th is contract or any other
account whatsoever , may be deducted f rom or pa id by the
sa le o f a suf f ic ient part o f th is secur i ty depos i t/ retent ion
money or f rom the interest ar i s ing there f rom or f rom any
sums which may be due or may become due to the
Contractor by the Corporat ion on any account whatsoever ,
and in the event o f h is secur i ty depos it /retent ion money
be ing reduced by reason o f any such deduct ion or sa le as
a foresa id , the contractor sha l l w i th in 15 days o f rece ipt o f
not ice o f demand from the Engineer make good the
def ic i t .
In the event of the sa id deposi t having been made by the
contractor by de l ivery to the Corpora t ion of the
Guarantee of the Bankers of the Cont rac tor , and of the
contractor under any of the provis ions of th i s contract
becoming subj ect to or l i able for any penal ty for
64
damages l iquida ted or unl iquida te d or of the said depos i t
becoming for fei ted any breach or fa i lure or
de terminat ion of contract , then , and in such case the
amount of any such penal ty or damages and the deposi t
so for fei ted i s not previous ly pa id to the Municipal
Commiss ioner , shal l immedi a te ly on demand be paid by
the sa id Bankers to and may be for fei ted by the
Munic ipa l Commiss ioner under and in te rms of the sa id
Guarantee .
9. 7.
Execut ion o f
Contract
Document
The success fu l tenderer a fter furn ish ing In i t ia l Secur ity
Depos i t , i s required to execute an Agreement in dupl icate
in the form at tached with the tender documents on a
s tamp paper o f proper va lue . The proper va lue at present
i s Rs . 100/ - . The agreement should be s igned with in one
month f rom the date o f acceptance o f the tender
10 . 8.
I ssue o f Work
Order
Work Order wi l l be i ssued af ter execut ion o f contract
document .
11 . 9.
Contract
Documents
The Contractor sha l l be furn ished, f ree o f charge , two
cert i f ied t rue copies o f the contract documents and a l l
fur ther drawings which may be i ssued dur in g the progress
o f the Work . None of these documents sha l l be used by
the Contractor for any purpose other than that o f th is
contract .
12 . 14.
Indemnity Bond The contractor sha l l require to execute an Indemnity Bond
for sat i s factory per formance o f the ent i re p ro ject on
Stamp paper o f Rs .100/ - in the format as per Annexure
‘D ’ . Th is Indemnity Bond sha l l remain in force for per iod
ment ioned in Schedule ‘A ’ as Defect L iab i l i ty Per iod af ter
complet ion o f the pro ject .
13 . 11.
L icences The success fu l tenderer should com ply s tatutory
inst ruct ion o f contract labour & wi l l be required to
produce to the sat i s fact ion o f the Engineer a va l id
contract labour l i cence i ssued in h is fa vour under the
prov is ion o f the Contract Labour L icence (Regulat ion and
Abo l i t ion) 1970, before s tart ing the Work . On fa i lure to
do so, the acceptance o f the tender i s l iab le to be
withdrawn and a lso the earnest money i s l iab le to be
for fe i ted.
14 . 19.
Deta i l s to be
Conf ident ia l
The Contractor sha l l t reat the deta i l s o f the Contract as
pr ivate and conf id ent ia l , save in so far as may be
necessary for the purposes thereof , and sha l l not publ i sh
or d isc lose the same or any part icu lars thereof in any
t rade or technica l paper or e lsewhere without the
prev ious consent in wr i t ing o f the Eng ineer . I f any
d ispute ar i ses as to the necess i ty o f any publ icat ion or
d isc losure for the purpose o f the contract the same sha l l
be re ferred to the Corporat ion whose determinat ion sha l l
be f ina l .
65
15. 18.
Of f ic ia l Secrecy The Contractor sha l l , whenever required, take necessary
s teps to ensure that a l l persons employed on any Work in
connect ion with th is Contract have not iced that the India
o f f i c ia l Secrets Act 1923 (X IX o f 1923) appl ies to them and
sha l l cont inue to apply even af ter execut ion o f such Work
under the Contract .
16 . 45.
Ass ignment The Contractor sha l l not ass ign t ransfer or at tempt to
ass ign, t ransfer the Contract or any part thereof , o r any
benef i t o r interest there in or there under otherwise than
by a charge in favour o f the Contractor ’ s bankers o f any
Money due or to become due under th is contract , w i thout
the pr ior wr i tten approva l o f the Commiss ioner .
17 . 22.
Sub- let t ing The Contractor sha l l not sub - let or at tempt to sub - let the
whole o f the Works . Except where otherwise prov ided by
the Contract , the Contractor sha l l no t sub- let any part o f
the Works without the pr ior wr i tten approva l o f the
Engineer , which sha l l not be unreasonably with -he ld , and
such approva l , i f g iven, sha l l not re l ieve the Contractor
f rom any l iab i l i ty or obl igat ion under defaul ts and
neglects o f any sub-contractor , h i s agents , servants
o r Workmen as fu l ly as i f they were the acts , defaults or
neglects o f the Contractor, h i s agents , servants or
Workmen. Prov ided always that the engagement o f labour
on a p iecework bas is or labour with mater ia l not to be
incorporated in the Work sha l l not be deemed to be a sub -
let t ing under th is C lause .
The Contractor sha l l be respons ib le for observance by h is
sub-contractors o f the forego ing prov is ions
18 . 21.
Changes in
Const i tut ion
Where the contractor i s a partnersh ip f i rm,
the pr ior approva l in wr i t ing of the Commiss ioner sha l l be
obta ined before any change i s made in the const i tut ion o f
the f i rm. Where the contractor i s an indiv idua l or H indu
Undiv ided fami ly bus iness concern such approva l as
a foresa id sha l l l ikewise be obta ined before the contractor
enters into any partnersh ip agreement where under the
partnersh ip f i rm would have the r ight to carry out the
Work hereby undertaken by the contractor . I f pr ior
approva l as a foresa id i s not obta ined the contract sha l l be
deemed to have been ass igned in contravent ion o f the
C lause No. 108 hereof and the same act ion may be taken
and the same consequences sha l l ensure as prov ided for
in the sa id condi t ion.
19 . 15.
Power o f
At torney
The contractor sha l l not i ssue any k ind o f power o f
at torney in favour o f h is bankers for rout ine payments to
the contractors through Bank.
20 . 27.
Contractors The Contractor sha l l employ in and about the execut ion o f
Works only such persons as are sk i l led and are
66
Staf f exper ienced in the i r severa l t rades and the Engineer sha l l
be at l iberty to object to and require the Contractor to
remove f rom the Works any person, employed by the
Contractor in or about the execut ion o f the Works , who in
the opin ion o f the Engineer misconducts h imse l f o r is
incompetent or negl igent in the proper per formance o f h is
dut ies and such pers on sha l l not be aga in employed upon
the Works without permiss ion o f the Engineer .
21 . 29.
Contractors ’
Superv is ion
The Contractor sha l l h imse l f superv ise the execut ion o f
Works or sha l l appo int c ompetent agent approved by the
Engineer to act in h is s tead. I f , in the opin ion o f the
Engineer the Contractor h imse l f not have suf f ic ient
knowledge and exper ience to be capable o f rece iv ing
inst ruct ions or cannot g ive h is fu l l a ttent ion to the Works,
the Contractor sha l l a t h is own expense, employ as h is
accredi ted agent an Engineer or a su i tably qua l i f ied and
exper ienced person approved by the Engineer . The name
of the agent so appo inted, a long -with the qua l i f i cat ions,
exper ience and address sha l l be comm unicated to the
Engineer . The agent sha l l be a respons ib le person
adequate ly organisat ion by the Contractor to take
dec is ion on s i te and to spend money i f required for
procur ing mater ia l and labour etc . to carry out Emergency
Works in the interest o f the Work , i f so required by the
Engineer . Orders g iven to Contractor ’ s agent sha l l be
cons idered to have the same force as i f these had been
g iven to the Contractor h imse l f .
I f the Contractor fa i l s to appo int a su itable agent as
d i rected by the Engineer , the En gineer sha l l have fu l l
powers to suspend the execut ion o f the Works unt i l such
date as a su i table agent i s appo inted and the Contractor
sha l l be he ld respons ib le for the de lay so caused to the
Works .
22 . 41.
Employment o f
Labour
The Contractor shall employ the labour in sufficient numbers to maintain
the required rate of progress and of quality to ensure Workmanship, of
the degree specified in the Contract and to the satisfaction of the
Engineer. The Contractor shall not employ in connection with the Work
any child who has not completed his 15th year of age. He shall also not
employ an adolescent who has not completed his 18th year unless he is
certified fit for Work as an adult as prescribed under clause (b) of sub-
section (2) of section 69 of the Factories Act, 1948.
The Contractor sha l l make h is own arrangement for the
engagement o f a l l labour loca l or o therwise .
The Contractor shal l indemnify the Corporat ion or any
agent , se rvant or employee of Corporat ion for any lapses
on the par t of contrac tor on account of non -compl iance of
above referred ac ts .
23. 40
Compl iance
with Labour
The contractor sha l l pay fa i r and reasonable wages to the
Workmen employed by h im, for the contract undertaken
67
. Regulat ion.
by h im. In the event o f any d ispute ar i s ing between the
contractor and h is Workmen on the grounds that the
wages pa id are not fa i r and reasonable , the d ispute sha l l
be re ferred without de lay to the Engineer , who sha l l
dec ide the same. The dec is ion o f the Engineer sha l l be
conc lus ive and b inding on the contractor but such
dec is ion sha l l not in any way affect the condi t ions in the
contract regarding the payment to be made by
Corporat ion at the same sanct ioned tender rates .
The employees o f the contractor and the sub -contractor in
no case sha l l be t reated as the employees o f the
Corporat ion at any po int o f t ime.
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS
APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING
AND OTHER CONSTRUCTION WORK.
( i ) Workman Compensation Act 1923.
The Act prov ides for co mpensat ion in case o f in jury by
acc ident ar i s ing out o f and dur ing the course o f
employment .
( i i ) Payment of Gratuity Ac t 1972 .
Gratu i ty i s payable to an employee under the Act on
sat i s fact ion o f certa in condi t ions on separat ion i f an
employee has completed 5 years serv ice or more or on
death at the rate o f 15 days wages for every completed
year o f serv ice . The Act i s appl icable to a l l es tabl i shments
employ ing 10 or more employees .
( i i i ) Employees PF and Misc el laneous Prov is ion Ac t ,
1952 .
The Act prov ides for monthly contr ibut ions by the
employer p lus Workers @ 10% or 8 .33% . The benef it s
payable under the Act are
(a ) Pens ion or fami ly pens ion on ret i rement or death
68
as the case may be . (b) Depos i t l inked insurance on the death in harness o f
the Worker . ( c ) Payment o f PF accumulat ion on ret i rement/ death
etc .
( iv ) Materni ty Benef i t Act 1951
Act prov ides for leave and some other benef i t s to women
employees in case o f conf inement or miscarr iage etc .
(v ) Contrac t labour (Regulat ion and Abol i t ion) Ac t 1970 .
The Act prov ides for cer ta in wel fare measures to be
prov ided by the contractor to contract labour and in case
the contractor fa i l s to prov ide , the same are requi red to
be prov ided by the Pr inc ipa l Employer by law. The
pr inc ipa l employer i s requi red to take Cer t i f i cate of
Regis t rat ion and the Contractor i s requi red to take a
L icence f rom the des ignated Of f icer . The Act i s appl icable
to the establ i shments or Contractor of pr inc ip le employer
i f they employ 20 or more contract labour .
(v i ) Minimum Wages Ac t 1970
The Contractor sha l l see that the prov is ions set for under
the Minimum Wages Act and Contract Regulat ion and
Abo l i t ion Act 1970 with the Maharashtra Contract
Labour( regulat ion and abo l i t ion) Rules 1971 as amended
f rom t ime to t ime are fu l ly compl ied with by h im and sha l l
mainta in necessary reg is ters and records for payment o f
wages , overt ime, etc . made to h is Workmen as required by
the Conc i l ia t ion Of f icer (Centra l ) , Min is t ry o f Labour ,
Government o f Ind ia , o r such other organisat ion person
appo inted by the Centra l o r Stat e Government .
(v i i ) Payment of Wages Ac t 1936 I t lays down as to by what date the wages are to be pa id ,
69
when i t w i l l be pa id and what deduct ions can be made
f rom the wages o f the Workers .
(v i i i ) Equal Remuneration Ac t 1979.
The Act prov ides for payment o f equal wa ges for Work o f
equal nature to Male & Female Workers and not for
mak ing d iscr iminat ion aga inst Female employees in the
matters o f t ransfers , t ra in ing and promot ions etc .
( i x ) Payment of Bonus Act 1965
The Act i s appl icable to a l l es tabl i shments employ ing 20
or more Workmen. The Act prov ides for payments o f
annual bonus subject to a min imum of 8 .33% of wages and
max imum of 200% of wages to employees drawing Rs .
3 ,500/ - P .M. or less . The bonus to be pa id to or employees
get t ing Rs . 2500/ - P .M. above upto 3500/ - P .M. sha l l be
Worked out by tak ing wages as Rs . 2500/ - P .M. only . The
Act does not apply to certa in establ i shments . The newly
set up establ i shments are exempted for f ive years in
certa in c i rcumstances . Some of the State Governments
have reduced the employ ment s i ze f rom 20 to 10 for the
purpose o f appl icabi l i ty o f the Act .
(x ) Industr ia l Disputes Ac t 1947
The Act lays down the machinery and procedure for
reso lut ion o f industr ia l d i sputes , in what s i tuat ions a
s t r ike or lock -out becomes i l lega l and what are th e
requirements for lay ing o f f o r ret renching the employees
or c los ing down the establ i shment .
(x i ) Industr ia l Employment (Standing Orders ) Act 1946
I t i s appl icable to a l l es tabl i shments employ ing 1000 or
more Workmen (employment s i ze reduced by some of the
States and Centra l Government to 50) . The Act prov ides
for lay ing down ru les governing the condi t ions o f
employment by the employer or matters prov ided in the
Act and get the same cert i f ied by the des ignated
Author i ty .
70
( x i i ) Trade Unions Act 1926 The Act lays down the procedure for reg ist rat ion o f t rade
unions o f Workmen and employers . The t rade unions
reg is tered under the Act have been g iven certa in
immunit ies f rom c iv i l and cr imina l l iab i l i t ies .
(x i i i ) Chi ld labour (prohibi t ion and regulat ion ) Act 1986.
The Act pr ohib i t s employment o f ch i ldren be low 14 years
o f age in certa in occupat ion and processes and prov ides
for regulat ion o f employment o f ch i ldren in a l l o ther
occupat ions and processes . Employment of ch i ld labour i s
prohib i ted in Bui ld ing and Construct ion Ind ustry .
(x iv) Inter -State Migrant Workmen’s ( Regulat ion of Employment and Condi t ions of Serv ic e ) Ac t 1979.
The Act i s appl icable to an establ i shment which employees
5 or more inter -s tate migrant Workmen through an
intermediary ( who has recru i ted Workmen in on e state
for employment in the establ i shment s i tuated in another
s tate ) . The inter -s tate migrant Workmen, in an
establ i shment to which th is Act becomes appl icable , are
required to be prov ided certa in fac i l i t ies such as hous ing,
medica l a id , t rave l ing expen ses f rom home upto the
establ i shment and back , etc .
(xv ) The Bui ld ing & other Construc t ion Workers (Regulat ion of Employment and Condi t ions of Serv ic e) Act 1996 and the Cess Ac t of 1996.
A l l the establ i shments who carry on any bui ld ing or o ther
construct ion W ork and employs 10 or more Workers are
covered under th is act . A l l such establ i shments are
required to pay cess at rate not exceeding 2% of the cost
o f construct ion as may be not i f ied by the Government.
The employer o f the establ i shment is required to prov ide
safety measures at the Bui ld ing or Construct ion Work and
other wel fare measures , such as Canteens , F i rs t -A id
fac i l i t ies , Ambulance , Hous ing accommodat ion for
Workers near the Workplace etc . The employer to whom
the Act appl ies has to obta in a reg ist rat ion cert i f i cate
f rom the Regis ter ing Of f icer appointed by the
Government .
71
24. 39.
Safety
Prov is ions
The Contractor sha l l a t h is own expense arrange for the
safety prov is ions indicated in Annexure `A’ or as required
by the Engineer , in respect o f a l l labour
d i rect ly o r ind i rect ly employed for per formance o f the
Works and sha l l p rov ide a l l fac i l i t ies in connect ion
therewith. In case the Contractor fa i l s to make
arrangements and prov ide necessary fac i l i t ies as
a foresa id , the Engineer sha l l be ent i t led to do so an d
recover the costs thereof f rom the Contractor .
25 . 38.
Prov is ion o f
F i rs t -A id Box
The contractor sha l l , a t h is own cost , prov ide and
mainta in at the s i te o f Works a s tandard f i r s t a id box as
d i rected and approved by the Engineer for the use o f h is
own as we l l as the Corporat ion`s s ta f f on s i te .
26 . 28.
Apprent ices The Contractor shall comply with the provision of the Apprentice
Act, 1961, and the rules and orders issued there under from time to
time. The contractor shall during the term of this agreement maintain
as a part of his organisation a system of apprenticeship for training
craftsmen as may be approved by the Engineer. The apprentices are
to be engaged and trained in the building craft/trades. The number of
apprentices to be engaged shall be decided and got approved from the
office of the Director of Technical Education and State
complet ion o f Works as impl ied by the Drawings and
Spec i f i cat ions , even though such Works and th ings are not
spec i f i ca l ly shown and descr ibed in the sa id Drawings and
Spec i f i cat ions . The f ina l dec is ion o f the Commiss ioner in
case a re ference be made to h im under Clause No. 89 be
b inding upon the Contractor and Contractor sha l l execute
the Works according to such explanat ion ( subject to
a foresa id ) and sha l l a l so do a l l such Works and required
th ings as may be necessary for the proper complet ion o f
Works as impl ied by the drawings and spec i f i cat ions, even
though such Works and th ings are not spec i f i ca l ly shown
and descr ibed in the sa id drawings and spec i f i cat ions .
61 . 77.
Engineer to
have Power to
I ssue Further
Drawings or
Inst ruct ions
The Engineer sha l l hav e the power and author i ty f rom
t ime to t ime and at a l l t imes to make and i ssue such
further drawings and to g ive such further inst ruct ions
and d i rect ions as may appear to h im necessary or proper
for the guidance o f the Contractor and the good and
suf f ic ien t execut ion o f the Works according to terms o f
the spec i f i cat ions and Contractor sha l l rece ive , execute
obey and be bound by the same, according to the t rue
intent and meaning thereof , as fu l ly and e f fectua l ly as
though the same had accompanied or had been ment ioned
or re ferred to in the spec i f i cat ion. The Engineer may a lso
a l ter or vary the leve ls or pos i t ion o f any Works
contemplated by the spec i f i cat ions, or may order any o f
the Works contemplated thereby to be omit ted, wi th or
wi thout the subst itut ion o f any other Works in l ieu
thereof , o r may order any Work or any port ion o f Work
executed or part ia l ly executed, to be removed, changed or
a l tered, and i f needful , may order that other Works sha l l
be subst i tuted instead thereof and d i f ference o f expense
occas ioned by any such d iminut ion or a l terat ion so
ordered and d i rected sha l l be added to or deducted f rom
the amount o f th is Contract as prov ided under the C lause
No. 101 and 102 .
No Work which radica l ly changes the or ig ina l nature o f
the Contract sha l l be o rdered by the Engineer and in the
event o f any dev iat ion be ing ordered which in the opin ion
o f the Contractor changes the or ig ina l nature o f Contract
he sha l l neverthe less carry i t out and d isagreement as to
the nature o f the Work and the rate to be pa id t herefore
sha l l be reso lved in accordance with C lause No.114 .
The t ime for complet ion o f the Works , sha l l in the event
o f any dev iat ions resul t ing in addi t iona l cost over the
Contract Sum be ing ordered, be extended or reduced
reasonably by the Engineer . Th e Engineer ’s dec is ion in
84
th is case sha l l be f inal .
62. 5
0
.
Leve ls
A l l leve ls re ferred to in connect ion with these Works are
based on Great Tr igonometr ic survey (G.T .S . ) leve ls . The
Contractor should a lso keep the leve l ing inst rument in
good Work ing condi t ion through out the per iod o f
construct ion Work on s i te .
63. 5
1
.
Sett ing Out the
Work .
The Engineer sha l l supply d imens ioned drawings , leve ls
and other informat ion necessary to enable the Contractor
to set out the works . The Contractor sha l l prov ide a l l
set t ing out apparatus at h is own cost , such as leve l ing
inst ruments in good work ing condi t ion and appl iances , a l l
pegs , ranging rods , long measur ing rods, marked metres
and organisat ion and each metre and organisat ion
numbered, pots and s ight - ra i l s , boning rods , m oulds ,
templates , e tc . together with any reasonable number of
labourers that may be reui red and set out the work and be
respons ib le for the accuracy o f the same. The Contractor
sha l l amend at h is own cost and to the sat i s fact ion o f the
Engineer any error found at any s tage which may ar i se
through inaccurate set t ing out . The Contractor sha l l
protect and preserve a l l bench marks used in set t ing out
the work t i l l the end o f Defects L iab i l i ty per iod unless the
Engineer d i rects i t s ear ly removal . The Contract or should
a lso keep leve l ing inst rument in good work ing condi t ion
throughout the per iod o f construct ion work on s i te .
64 . 47.
Works C losed
Between
Sunset and
Sunr ise or on
Sundays and
Ho l idays
No Work sha l l be done between sunset and sunr ise or on
Sunday or Munic ipa l ho l idays and except with the spec ia l
sanct ion o f the Engineer in wr i t ing prev ious ly obta ined
and the withho ld ing o f such sanct ions sha l l be no ground
of compla int on the part o f contractor or cause for
compensat ion to h im, or excuse for not compl et ing the
Work with in the contract per iod. The per iod with in which
the Work has to be carr ied out and completed has been
f ixed in terms o f th is c lause with the prov is ion that the
tota l number o f hours o f Work permiss ib le sha l l not
exceed 48 hours in a week and in no case more than 8
hours on any Work ing day , the actua l t ime with in which
the sa id hours sha l l be Worked be ing subject to mutua l
arrangements with the Contractor at the commencement
o f the Works or f rom t ime to t ime as may be required and
prov ided that a l l Works sha l l be s topped for rest and
meals for one hour at about mid -day exc lus ive o f the
permiss ib le hours a foresa id for the Works .
Though sanct ion may be accorded to the Contractor to
Work on days and at t imes otherwise normal ly non -
permiss ib le under th is Contract , the Contractor sha l l be
required to bear the cost for such superv is ion as in the
opin ion o f the Engineer may be necessary at these t imes .
85
I t should be d is t inct ly understood that the grant ing o f
permiss ion to Work ext ra hours or to Wor k on Sundays
and ho l idays wi l l be ent i re ly at the d iscret ion o f the
Engineer and cannot be c la imed by the contractor as a
matter o f r ight .
I f on the other hand the Engineer requires that the Work
sha l l be proceeded with on days and at t imes otherwise
normal ly non-permiss ib le under th is contract the
contractor sha l l proceed with the Work but he wi l l not be
required in such cases to bear the cost o f the Munic ipa l
establ i shment employed at the t ime.
The contractor at a l l t imes dur ing the cont inuance o f th is
co ntract sha l l in a l l h i s dea l ings with loca l labour for the
t ime be ing employed on the Works contemplated by th is
contract have due regard to a l l loca l fest iva ls and
re l ig ious or other customs and a l l d i sputes , matters and
quest ions ar is ing between the cont ractor and any o f h is
agent on the one hand and any loca l labour on the other
hand with respect to any matter or th ing in any way
connected with th is contract sha l l be dec ided by the
Commiss ioner whose dec is ion sha l l be f inal and b inding on
a l l part ies .
65 . 54
Work to be in
Accordance
with Contract .
The Contractor shall execute and complete the Works and remedy any
defects therein in strict accordance with the Contract to the satisfaction
of the Engineer.
66 . 55.
Dut ies and
Powers o f the
Engineer ’s
Representat i ve
The duties of the representative of the Engineer are to check, watch and
supervise Work and to test and examine any material to be used or
Workmanship employed in connection with the Works. He shall have no
authority to relieve the Contractor of any of his duties or obligations
under the contract nor to except as expressly provided here under or
elsewhere in the contract to order any Work involving delay or any extra
payment by the Corporation or to make any variation of or in the Works.
Fa i lure o f the representat ive o f the Engineer to
d isapprove any Work or mater ia l sha l l not pre judice the
power o f the Engineer thereafter to d isapprove such Work
or mater ia l and to order the pul l ing down, removal or
break ing up thereof .
I f the contractor sha l l be d issat i s f ied with any dec is ion o f
the representat ive o f the Engineer he sha l l be ent i t led
to re fer the matter to the Engineer who sha l l thereupon
conf i rm, reverse or very such dec is ion.
67 . 56.
Engineer ’s
Dec is ion
The whole of the Work sha l l be under the d i rec t ion of the
Engineer , whose decis ion sha l l be f inal , conclusive and
b inding on a l l par t i es to the cont rac t , on a l l ques t ions
re la t ing to the cons truc t ion and meaning of p lans , Working
86
drawings , sect ions and spec if ica t ions connected with the
Work.
68. Inst ruct ion s to
Contractor
The Contractor o r h is agent sha l l be in attendance at the
s i te (s ) dur ing a l l Work ing hours and sha l l superv ise the
execut ion o f the Works with such addi t iona l ass i s tance in
each t rade as the Engineer may cons ider necessary .
Orders g iven to the Contractor ’ s agent sha l l
be cons idered to have the same force as i f they had been
g iven to the Contractor h imse l f .
The Engineer shall communicate or confirm his instruction to the
Contractor in respect of the execution of Work in a “Works site order
Book” maintained in the office of the Engineer and the
Contractor or his authorised representative shall confirm receipt of such
instructions by signing the relevant entries in this book. If required by the
Contractor he shall be furnished a certified true copy of such
instruction(s). If the Contractor fails to comply with the instruction(s) of
the Engineer, the Engineer may impose the daily penalty of Rs.500
(Rupees Five Hundred) for each of such defaults. This penalty will not
prejudice the right of the Municipal Commissioner or the Engineer to
claim compensation.
69 . 57.
Work Order
Book
A Work order book sha l l be mainta ined on s i te and i t sha l l
be the property o f Corporat ion and the Contractor sha l l
prompt ly s ign orders g iven there in by Engineer or h is
representat ives and h is super ior o f f i cers and comply with
them. The Contractor sha l l report the compl iance in good
t ime so that i t can be checked. The contractor wi l l be
a l lowed to copy out inst ruct ion there in f rom t ime to t ime.
70 . 49.
Management
Meet ing
E i ther t he Engineer or the Contractors may require the
other to at tend Management meet ing. The bus iness o f a
management meet ing sha l l be to rev iew the p lans for
remain ing Works .
Eng ineers sha l l record the bus iness o f management
meet ings and i s to prov ide copies of h is record to those
at tending the meet ings . The respons ib i l i ty o f the part ies
for act ions to be taken i s to be dec ided by the Engineer
e i ther at the management meet ings or a f ter the
management meet ings and s tated in wri t ing to a l l who
at tend the meet ings .
71 . 58.
Mater ia ls (a) Material to be provided by the Contractor:
The Contractor shall, at his own expense, provide all materials required
for the Works.
All materials to be provided by the Contractor shall be in conformity with
the specifications laid down in the contract and the Contractor
shall, furnish proof to the satisfaction of the Engineer that the materials
so comply. Contractor shall produce proof viz. challans, bills, vouchers
etc. so as to ensure that the material was brought on site and quantities
87
used as per the norms, specifications etc.
Of f icers o f the Corporat ion concerned with the Work sha l l
be ent i t led at any t ime to inspect and examine any
mater ia l intended to be used in or on the Works e i ther on
the s i te or at factory or Workshop or othe r p laces where
such mater ia l s are assembled, fabr icated or manufactured
or at any p lace(s ) where these are lay ing or f rom which
these are be ing obta ined and the Contractor sha l l g ive
such fac i l i t ies as may be required for such inspect ion and
examinat ion. T he mater ia l s brought on s i te outs ide
Work ing hours sha l l be s tacked separate ly t i l l they are
inspected by the Engineer or h is representat ive .
A l l mater ia l s brought to the s i te sha l l not be removed of f
the s i te without the pr ior wr i t ten approva l o f the
Engineer . But whenever the Works are f ina l ly completed
the Contractor sha l l a t h is own expense forthwith remove
f rom the s i te a l l surp lus mater ia l s or ig ina l ly suppl ied by
h im.
The Contractor sha l l , a t h is own expense and without
de lay , supply to the Engineer s amples o f mater ia l s
proposed to be used in the Works . The Engineer sha l l
w i th in seven days of supply o f samples or wi th in such
further per iod as he may require and int imated to the
Contractor in wr i t ing , inform the Contractor whether the
samples are approv ed by h im or not . I f the samples are
not approved the Contractor sha l l fo rthwith arrange to
supply to the Engineer for approva l f resh samples
comply ing with the spec i f i cat ions la id down in the
contract .
The Engineer sha l l have fu l l powers to require remov al o f
any or a l l o f the mater ia l s brought to s i te by the
Contractor which are not in accordance with the contract
spec i f i cat ions or which do not conform in character or
qua l i ty to the samples approved by h im. In case o f defaul t
on the part o f the Contracto r in remov ing the re jected
mater ia l s , the Engineer sha l l be at l iberty to have them
removed by other means . The Engineer sha l l have fu l l
powers to procure other proper mater ia l s to be
subst i tuted for re jected mater ia l s and in the event o f the
Contractor re fus ing to comply , he may cause the same to
be suppl ied by other means . A l l costs , which may at tend
upon such removal and/or subst itut ion sha l l be borne by
the Contractor .
Subject as here inafter prov ided in C lause No.98 a l l
charges on account o f Octro i , t ermina l o r sa les tax
and other dut ies on mater ia l obta ined for the Works f rom
88
any source sha l l be borne by the Contractor .
The Engineer shall be entitled to have tests carried out as specified in the
contract for any materials supplied by the Contractor other than those for
which as stated above, satisfactory proof has already been produced, at
the cost of the Contractor and the Contractor shall provide at his expense
all facilities which the Engineer may require for the purpose.
If no tests are specified in the contract, and such tests are required by the
Engineer the Contractor shall provide all facilities required for the
purpose and charges for these tests shall be borne by the Contractor only
if the tests disclose that the said materials are not in accordance with the
provision of the contract.
The cost o f the mater ia l s consumed in test sha l l be borne
by the Contractor in a l l cases except when otherwise
prov ided.
For carrying out tests on soil, cement, sand, aggregate, brick and
concrete etc. the standard will be as prescribed in relavant I.S. The
Engineer may direct the Contractors to get the samples of materials
tested in CIDCO, PWD, VJTI, IIT, or any approved laboratory out of those
accredited by National Accreditation Board of Laboratories, Govt. of
India. The results of the tests shall be binding on the Contractor and
Corporation. In case the Contractor disputes the results of tests, it is open
for him to ask for the re-testing in which case the cost shall be borne by
the Contractor. The decision of the Engineer on acceptability or re-
testing by Corporation or testing again independently in VJTI or IIT will be
binding on both the parties to the contract.
72 . 59.
Stock of
Mater ia ls
Requi red
(a )The Contractor sha l l a t h is own expense prov ide an d
furn ish h imse l f w ith sheds and yards in such s i tuat ions
and in such numbers as , in the opin ion o f the Engineer are
requis i te for carry ing out the Works under th is
contract , and the Contractor sha l l keep at each o f such
sheds and yards a suf f ic ient quant i ty o f mater ia l s in s tock
so as not to de lay the carry ing out the Works with due
expedi t ion and the Engineer and h is sub-ordinates sha l l
have f ree access to the sa id sheds or yards at any t ime for
the purpose o f inspect ing the s tock o f mater ia l s so kept in
hand any mater ia l o r ar t ic le , which the Engineer may
object to , sha l l not be brought upon or used in the Work
but sha l l be forthwith removed f rom the sheds or yards by
the Contractor at h is own cost . The Contractor wi l l
however be a l lowed to use for the ab ove purpose the
completed port ion o f the bui ld ings i f ava i lab le .
(b) General :
89
Cement brought on s ite by the Contractors shal l be s tored
in waterproof godown with two locks on each door . The
key of one lock of each door shal l remain with the
Engineer or h is representat ive and that of the other lock
with the Contractor ’ s organisat ion agent at s i te of Works
so that cement is removed f rom the godown only
accord ing to da i ly requi rements with the knowledge of
both the part ies .
73 . 60.
Product ion of
Vouchers The Contractor sha l l , produce a l l quotat ions , invo ices
vouchers and accounts or rece ipts etc . to prove that the
mater ia l s suppl ied by h im are in conformity with the
spec i f i cat ions la id down in the Contract and the same are
brought to the s i te and ut i l i zed on t he sa id Works .
74 . 84.
Plant and’
Equipment
The Contractor shall arrange at his own expense all tools, plant
and equipment required for execution of Works. If required by the
Contractor and if available the Corporation may supply such of the tools,
plant and equipment as are available, to the Contractor at the rates and
terms to be specified by the Engineer. No tools, plant and equipment
once brought to the Work site shall be removed without the written
permission or order of the Engineer, until he has certified the completion
of the Work.
I f any Too ls , P lants and equipment brought on s i te , are in
the opin ion o f the Engineer inef f ic ient , bad or o f infer ior
qua l i ty or are unsuited for the Works then such too ls ,
p lant and equipment sha l l not be used on the Works but
sha l l be removed by the Contractor at h is own expense
with in twenty four hours a f ter the serv ice o f a wr it ten
order or not ice f rom the Engineer to that e f fect and f resh
too ls , p lant and equipment be subst i tuted in l ieu o f that
ordered to be removed by the Engineer .
75 . 61.
Inspect ion &
Approva l
A l l Works embrac ing more than one process sha l l be
subject to examinat ion and approva l at each s tage thereof
and the Contractor sha l l g ive due not ice to the Engineer
or h is organisat ion representat ive when each s ta ge i s
ready . In defaul t o f such not ice , the Engineer sha l l be
ent i t led to appra ise the qua l i ty and extent thereof .
No Work shall be covered up or put out of view without the approval of
the Engineer or his organisation representative and the Contractor shall
afford full opportunity for examination and measurement of any Work
which is about to be covered up or out of view and for examination of
90
foundation before permanent Work is placed thereon.
The Contractor shall give due notice to the Engineer or his
organisation representative whenever any such Work or foundation is
ready for examination and the Engineer or his representative shall
without unreasonable delay, unless he considers it necessary and informs
the Contractor in writing accordingly, attend for the purpose of examining
and measuring such Work or examining such foundations. In the event of
the failure of the Contractor to give such notice he shall, if required by
the Engineer, uncover such Work at the Contractor’s expense.
Departmental officers concerned with the Works shall have powers at
any time to inspect examine any part of the Works
and the Contractor shall give such facilities as may be required for such
inspection & examination.
76 . 83.
Uncover ing and
Making Good
No part o f the Works sha l l be covered up or put out of
v iew without the approva l o f the Engineer. The Contractor
sha l l uncover any part o f the Works and/or make opening
in or through the same as the Engineer may f rom t ime to
t ime d i rect for h is ver i f i cat ion and sha l l re instate and
make good such part to the sat i s fact ion o f the Engineer , i f
any such part has been covered up or put out o f v iew
af ter be ing approved by the Engineer and i s subsequent ly
found on uncover ing to be executed in accordance with
the contract , the expenses o f uncove r ing and/or mak ing
openings in or through, re instat ing and mak ing good the
same sha l l be borne by the Corporat ion. In any other case
a l l such expenses shal l be borne by the Contractor .
77 . 113.
Contractor to
Search
The Contractor sha l l , i f required by the En gineer in
wr i t ing , search under the d i rect ion o f the Engineer for the
cause o f any defect , imperfect ion or fau l t
appear ing dur ing the progress o f the Work or in the
per iod o f maintenance . Unless such defect , imperfect ion
or fau l t sha l l be one for which the Contractor i s l iab le
under the contract , the cost o f the Work carr ied out by
the Contractor in searching as a foresa id sha l l be borne by
the Corporat ion. I f such defect , imperfect ion or fau l t sha l l
be one for which Contractor i s l iab le as a foresa id , the co st
o f the Work carr ied out in searching as aforesa id sha l l be
borne by the Contractor and he sha l l in such case repa i r ,
rect i fy and make good such defect , imperfect ion or fau l t ,
a t h is own expense .
78. 1
1
6
.
Defaul t o f
Contractor in
Compl iance
In case o f def aul t on the part o f the Contractor in carry ing
out such inst ruct ion with in the t ime spec if ied there in or ,
i f non, with in a reasonable t ime, the Corporat ion sha l l be
ent i t led to employ any other persons to carry out the
same and a l l costs consequent thereon or inc identa l
91
thereto sha l l , a fter due consul tat ion with the Corporat ion
and the Contractor , be determined by the Engineer and
sha l l be recoverable f rom the Contractor by the
Corporat ion f rom any monies due or to become due to the
Contractor and the Engin eer sha l l not i fy the Contractor
according ly .
79 . 80.
Urgent Works I f any Urgent Work ( in respect whereof the dec is ion o f the
Engineer sha l l be f ina l and b ind ing) be comes necessary
and the Contractor i s unable or unwi l l ing at once to carry
i t out , the Enginee r may by h is own or other Work people ,
carry i t out as he may cons ider necessary . I f the urgent
Work sha l l be such as the Contractor i s l iab le under the
contract to carry out at h is expense a l l expense incurred
on i t by the Corporat ion sha l l be recoverable f rom the
Contractor and be adjusted or set o f f aga inst any sum
payable to h im.
PART – I V
TIME SCHEDULE AND DELAYS
80. Commencemen
t T ime
The t ime a l lowed for execut ion for the Works as spec i f ied
in the contract documents sha l l be the essence o f the
contract . The execut ion o f the Works sha l l commence
f rom the date spec i f ied by the Engineer in wr i t ing . I f the
Contractor fa i l s o r neg lects to commence the
execut ion o f the Works as a foresa id , the Corporat ion sha l l
w i thout pre judice to any other r ight or remedy b e at
l iberty to for fe i t the secur i ty depos i t absolute ly .
81. Extens ion o f
T ime for
Complet ion
due to
Monsoon.
In any case where the t ime prescr ibed for complet ion of
any Work is exc lus ive o f monsoon per iod. No new t rench
Work should be s tarted af ter 15 t h May and ex is t ing
t renches are required to be re instated by 31 s t May every
year . The s i te sha l l be c leared in a l l respect inc luding
removal o f surp lus mater ia l on or before 10 t h June o f
every year . The monsoon per iod sha l l be deemed to be
f rom 10 t h June to 30 t h Sept . o f the ca lendar year .
However, i f the Contractor i s permit ted by the Engineer to
Work dur ing any monsoon. Per iod, a l l such per iod sha l l be
taken into account for the ca lcu lat ing the contract per iod
on pro -rata bas is as under .
Cost o f Work done
E f fect ive dur ing monsoon
92
days = - - - - - - - - - - - - - - - - - x No . o f days o f
Tota l cost o f Contract per iod
Contract Work
In the event o f the Contractor fa i l ing to comply w ith th is
condi t ion. He sha l l be l iab le to pay as compensat ion as
s tated in C lause No.90 .
82 . 87.
Extens ion o f
T ime due to
Unforsean
events
I f the work be de layed by –
(a )Force measure such as acts o f God, act o f publ ic
enemy, act o f government , f loods , ep ide mics etc . o r (b)
Abnormal ly bad weather , o r
I Ser ious loss or damage by f i re or
(d) Civ i l commot ion, loca l combinat ion o f workmen, s t r ike or lockout af fect ing any o f the t rades employed on the work , or
(e ) Delay on the part o f o ther Contractor or tradesmen engaged by the Munic ipa l Corporat ion in execut ing works not forming part o f the contract or
( f ) The reasons stated in condi t ion No 84 and 85 .
(g ) Any other cause, in the abso lute d iscret ion o f the
Engineer .
Then upon the happening o f any such event caus ing de l ay ,
the Contractor sha l l immediate ly g ive not ice there o f in
wr i t ing to the Engineer but sha l l neverthe less use
constant ly h is best endeavors to prevent or make good
the de lay and sha l l d o a l l that may be reasonable required
to the sat i s fact ion of the Engi neer to proceed with the
work .
Request for extension o f t ime, to be e l ig ib le for
cons iderat ion sha l l be made by the Contractor in wr it ing
with in 14 ( fourteen) days o f the happening o f the event
caus ing de lay . The Contractor may a lso, i f pract icable
ind ica te in such a request the per iod for which extens ion
i s des i red. In any such case , the engineer may g ive a fa i r
reasonable extens ion o f t ime for complet ion o f ind iv idua l
i tems or groups o f i tems o f work for which separate
per iods o f complet ion are spec i f ied in the contract or the
contact as who le . The dec is ion o f the Engineer in regard
to the extens ion wi l l be communicated to the Contractor
in wr i t ing with in a reasonable t ime and the Contractor
sha l l a l so be pa id such compensat ion that in the opin ion
o f the Engineer i s fa ir and reasonable to cover the de lays
resul t ing f rom the prov is ions under the sub c lause (e )
above.
93
The t ime extended for complet ing the work sha l l be the
essence o f the contract for the per iod extended.
83 . 25.
Network Schedule
& Monthly
Progress Reports
(a )On award o f the contract , the Contractor sha l l submit
the t ime schedule for the Works in the ‘ form of PERT Net
Works or Bar chart .
(b) The schedules shall be prepared in direct relations to the time stated
in the contract documents for completion of items or groups of items of
Work and or the contract as a whole. It shall indicate the dates of
commencement and completion of various activities of the Work. And
should conta in no act iv i t ies wi th a durat ion greater
than 28 days . Mi lestones woul d be so determined that at
least 10 percent o f the events are mi lestones and no two
mi lestones are more than 3 months apart .
The Engineer may approve the Schedule as submitted or suggest
modifications as he thinks necessary. The Contractor shall modify the
chart accordingly and obtain Engineer’s approval.
( c )The f ina l i zed Network may be amended f rom t ime to
t ime, i f fe l t necessary by the Contractor , w i th the
approva l o f the Engineer .
(d)A f ixed sum sha l l be he ld in abeyance at the t ime of the
next inte r im payment for non -at ta inment o f
each mi lestone in the Network and sha l l be re leased only
on complet ion o f the Work af ter deduct ing the
compensat ion for delay i f there is Contractor ’s fau l t as
per prov is ion in C lause No. 86 and penal ty covered under
C lause No. 53 . The f ixed sum sha l l be :
Rs.10,000/- for all contracts over Rs.25 Lakhs and upto the value of Rs.100
Lakhs.
Rs.20,000/- for all contracts over Rs. 1 crore and upto the value of Rs.5
crores
Rs.35,000/- for all contracts over Rs. 5 crores and upto the value of Rs.10
crores.
Rs.50,000/- for all contracts over Rs.10 crores.
If the attainment of the milestones is delayed for reason not attributable
94
to the Contractors no moneys will be held in abeyance.
84 . 78.
D is rupt ion o f
Progress for
Lack o f
Drawings .
The Contractor sha l l g ive wr i tten not ice to the Engineer
whenever p lanning or progress o f the Works i s l i ke ly to be
de layed or d is rupted unless any further drawing or order ,
inc luding a d i rect ion, inst ruct ion or approva l , i s i s sued by
the Engineer wi th in a reasonable t ime. The not ice sha l l
inc lude deta i l s o f the drawing or order required and o f
why and by when i t i s required and o f any de lay or
d is rupt ion l ike ly to be suf fered i f i t is la te.
85 . 76.
De lays o f
Drawings
I f by reason o f any fa i lure or inab i l i ty o f the Engineer to
i ssue with in a t ime reasonable in a l l the c i rcumstances
any drawing or order requested by the Contractor in
accordance with the c lause 84 o f th is condi t ion the
Contractor suf fers de lay , then the Engineer sha l l take
such de lay into account in determining any extens ion of
t ime to which the Contractor i s ent i t led under sub -c lause
(g) o f C lause No. 82 hereof . No monitary c la im wi l l be
enterta ined on th is account .
86 . 26.
Monthly Report The Contractors wi l l be required to submit the monthl y
progress reports by the 2 n d day o f the fo l lowing month to
the Engineer Fa i lure on the part o f the Contractor to
submit monthly report in t ime wi l l at t ract act ion as per
C lause No.83 .
87 . 86.
Rate o f
Progress .
I f fo r any reason, which does not ent i t le the C ontractor to
an extens ion o f t ime, the rate o f progress o f the Works or
any Sect ion i s at any t ime, in the opin ion o f the Engineer ,
too s low to comply with the T ime for Complet ion, the
Engineer sha l l so not i fy the Contractor who sha l l
thereupon take such s teps as are necessary , subject to the
consent o f the Engineer , to expedi te progress so as to
comply with the T ime for Complet ion. The Contractor sha l l
not be ent i t led to any addi t iona l payment for tak ing such
s teps . I f , as a resul t o f any not ice g iven by t he Engineer
under th is C lause , the Contractor considers that i t i s
necessary to do any Work at n ight or on loca l ly recognized
days o f rest , he sha l l be ent i t led to seek the consent o f
the Engineer so to do. Prov ided that i f any s teps , taken by
the Contract or in meet ing h is obl igat ions under th is
95
Clause , invo lve the Corporat ion in addi t iona l superv is ion
costs , such costs sha l l be determined by the Engineer and
sha l l be recoverable f rom the Contractor , and may be
deducted by the Corporat ion f rom any monies du e or to
become due to the Contractor and the Engineer sha l l
not i fy the Contractors according ly .
88 . 117.
Suspens ion o f
Work
(a )The Contractor sha l l , on rece ipt o f the order in wr i t ing
o f the Engineer , suspend the progress o f the Works or any
part thereof fo r such t ime and in such manner as the
Engineer may cons ider necessary for any o f the fo l lowing
reasons: -
(i) On account of continued non-compliance of the instructions of the
Engineer or any other default on the part of the Contractor, or
i i ) fo r pro per execut ion o f the Works or part thereof for
reasons other than the defaul t o f the Contractor , o r
( i i i ) for safety o f the Works or part thereof .
The Contractor shall, during such suspension, properly protect and
secure the Works to the extent necessary and carry out the instructions
given in that behalf by the Engineer.
(b) If the suspension is ordered for reasons (ii) and (iii) in sub-para (a)
above, the Contractor shall be entitled to an extension of time equal to
the period of every such suspension plus a reasonable time as decided by
the Engineer.
I I f the suspens ion i s ordered for reasons of ( i ) in sub -para
(a ) above, the Engineer sha l l have powers to suspend the
payment under the contract . Such suspens ion o f payment
may be cont inued unt i l defaul t sh a l l have been rect i f ied.
89 . 96.
Stoppage /
A l terat ion /
Rest r ict ion o f
Work .
1 ) I f a t any t ime af ter the execut ion the contract documents the Engineer sha l l fo r any reason whatsoever (other than defaul t on the part o f Contractor for which the corporat ion i s ent i t led to resc ind the contract) des i res that the whole or any part o f the Work spec i f ied in the tender should be suspended for any per iod or that the whole or part o f the Work should not be carr ied out , a t a l l he sha l l g ive to the Contractor a not ice in wr i t ing o f such des i re and up on the rece ipt o f such not ice the Contractor sha l l fo rthwith suspend of s top the Work whol ly or in ar t as required, a f ter hav ing due regard to the appropr iate s tage at which the Work should be s topped or suspended so as not to cau se any damage or in jury to the Work al ready done or endanger the safety there o f prov ided that the dec is ion o f the Engineer as to the s tage at which the Work or any part of i t could be or could have been safe ly s topped or suspended sha l l be
96
f ina l and conc l us ive aga inst the Contractor . The Contractor sha l l have no c la im to any payment or compensat ion whatsoever by reason o f or in pursuance o f any not ice as a foresa id , on account o f any suspens ion, s toppage or curta i lment except to the extent spec i f ied here ina fter .
2 ) Where the tota l suspens ion o f Work ordered as a foresa id cont inued for a cont inues per iod exceeding 90 days the Contractor sha l l be l iberty to withdraw f rom the contractua l obl igat ions under the contract so far as i t perta ins to unexecuted part o f th e Work by g iv ing a 10 days pr ior not ice in wr i t ing to the Engineer , w i th in 30 days o f the expi ry o f the sa id per iod o f 90 days , o f such intent ion and requir ing the Engineer to record the f ina l measurement o f the Work a l ready done and to pay f ina l b i l l . Upo n g iv ing su ch not ice the Contractor sha l l be deemed to have been charged f rom his obl igat ions to complete the remain ing unexecuted Work under h is contract . On rece ipt o f such not ice the Engineer sha l l proceed to complete the measurements and make such payments as may be f ina l ly due to the Contractor with in a per iod o f 90days f rom the rece ipt o f such not ice in respect o f the Work a l ready done by the Contractor . Such payment sha l l not in any manner pre judice the r ight o f the Contractor to any further compensa t ion under the remain ing prov is ions o f th is c lause .
3 ) Where the Engineer required the Contractor to suspend the Work for a per iod in excess o f 30 days at any t ime or 60 days in the aggregate , the Contractor sha l l be ent i re to apply to the Engineer with in 3 0 days o f the resumpt ion o f Work af ter such suspens ion for payment o f compos it ion to the extent o f pecuniary loss suf fered by h im in respect o f Work ing machinery remain idea l on the s i te o f on the account o f h is hav ing and to pay the sa lary or wages o f , la bour engaged by h im dur ing the sa id per iod o f suspens ion prov ided a lways that the Contractor sha l l not be ent i t led to any c la im in respect o f any such Work ing machinery, sa lary or wages for the f i r s t 30 days whether consecut ive or in the aggregate or such suspens ion or in respect or any suspens ion whatsoever occas ioned by unsat is factory Work or any other defaul t on h is part . The decis ion o f the Engineer in th is regard sha l l be f ina l and conc lus ive aga inst the Contractor .
4 ) In the event o f – i ) Any tota l stoppag e o f Work on not ice f rom
Engineer under sub c lause (1) in that behalf .
i i ) Withdrawal by the Contractor f rom the contractua l obl igat ions complete the remain ing unexecuted Work under sub c lause (2 ) on account o f cont inued suspens ion o f Work for a per iod exceed ing 90 days .
97
I t sha l l be open to the Contractor , w i th in 90 days f rom
the serv ice of ( i ) the not ice o f s toppage o f Work or ( i i )
the not ice o f wi thdrawal f rom the contractua l obl igat ions
under the contract on account o f the cont inued
suspens ion o f Work ( i i i ) not ice under c lause 20 (1)
resu l t ing in such cur ta i lment to produce to the Engineer
sat i s factory documentary ev idence that he had purchased
or agreed to purchase mater ia l for use in the contracted
Work, before rece ipt by h im of the not ice o f s toppage,
suspens ion or curta i lment and require Government to
take over on payment such mater ia l a t the rated
determine by the Engineer prov ided, however , such rates
sha l l in no case exceed the rates at which the same was
acquired by the Contractor . The corporat ion sha l l
thereafter take over the mater ia l s so o ffered, prov ided
the quant i t ies o f fered, are not in excess o f the
requirements o f the unexecuted Work as spec i f ied in the
accepted tender and are o f qua l i ty and spec i f i cat ions
approved by the Engineer .
90 . 88.
Liquida ted
Damages for
Delay.
I f the Contractor fa i l s to complete the Works and c lear
the S i te on or before the Contract or extended
Date(s )/per iod(s ) of complet ion, he sha l l , w i thout
pre judice to any other r ight or remedy o f Corporat ion on
account o f such breac h, pay as agreed compensat ion,
amount ca lcu lated as s t ipulated be low (or such smal ler
amount as may be f ixed by the Engineer) on the Contract
Va lue o f the whole Work or on the Contract Va lue o f the
i tem or group o f i tems o f Work for which separate per iod
o f complet ion are given in the contract and o f which
complet ion i s de layed for every week that the whole o f
the Work o f i tem or group o f i tems of Work concerned
remains uncompleted, even though the contract as a
who le be completed by the contract or the ext ended date
o f complet ion. For th is purpose the term “ Contract
Va lue” sha l l be the va lue o f the Work at Contract Rates as
ordered inc luding the va lue o f a l l dev iat ions ordered:
(a )Complet ion per iod for @ 1 percent
(or ig ina l ly s t ipulated per week
or as e xtended ) not
exceeding 6 months
(b) Complet ion per iod for @1/2 percent
(as or ig ina l ly st ipulated per week
as extended )
98
exceeding 6 months and
not exceeding 2 years
( c )Complet ion per iod (as @ ¼ percent
o r ig ina l ly s t ipulated per week
or as e xtended )
exceeding 2 years
the under noted percentage o f the Contract Va lue o f the
i tem or group o f i tems o f Work for which a
separate per iod o f complet ion i s g iven.
When the delay is not a full week or in multiple of a week but involves a
fraction of a week the compensation payable for that fraction shall be
proportional to the number of days involved.
P rov ided a lways that the tota l amount o f compensat ion
for de lay to be pa id th is condi t ion sha l l not exceed
(a )Complet ion per iod (as 10 percent
o r ig ina l ly s t ipulated
or as extended ) . Not
exceeding 6 months
(b) Complet ion per iod 7 ½ percent
(as or ig ina l ly st ipulated
o r as extended )
exceeding 6 months and
not exceeding 2 years
( c )Complet ion per iod 5 percent
(as or ig ina l ly st ipulated
o r as extended )
exceeding 2 years
The amount o f l iqu idated damages may be adjusted set o ff
aga inst any sum payable to the Contractor under th is or
any other contract wi th the corporat ion or f rom the
99
secur i ty depos it o f the Contractor ent i re ly at the
d isc ret ion o f the corporat ion.
PART – V
B ILLS AND PAYMENTS
91 . 89.
Method of
Measurement
Except where any genera l or deta i led descr ipt ion o f the
Work in b i l l s o f quant i t ies or schedule o f
Works/ i tems/quant i t ies express ly shown to the contrary,
b i l l s o f quant i t i es sha l l be deemed to have been prepared
and measurements sha l l be taken in accordance with the
procedure set forth in the schedule o f rates
/ spec i f i cat ions notwithstanding any prov is ion in the
re levant s tandard Method of Measurement or any genera l
o r loca l custom. In the case o f i tems, which are not
covered by the schedule o f rates/ spec i f i cat ions ,
measurement sha l l be taken in accordance with the
re levant Standard spec i f i cat ions publ i shed by PWD Govt .
o f Maharast ra and for the works not covered in th is
publ icat ion, measurements sha l l be taken as per the codes
by Bureau o f Ind ian standards . .
92 . 90.
Records and
Measurement
The Contractor sha l l submit to the Engineer the monthly
s tatements o f the est imated va lue o f the work completed
less than the cumulat ive amount cert i f ied prev ious ly . The
monthly s tatements sha l l be in the b i l l fo rm spec i f ied by
the Engineer and i t sha l l be submit ted on or before the
date inst ructed by the Engineer . These monthly b i l l s sha l l
be supported with deta i led measurements for th e gross
quant i ty o f the work done duly deduct ing the gross
quant i ty pa id in the prev ious b i l l . The Contractor i s
permitted to copy down the correct ions in the b i l l s pa id
as per the Engineers cert i f i cat ion. Upon rece ipt o f the b i l l
and measurements by the C ontractors , the Engineer sha l l
except as otherwise s tated ascerta in and determine by
measurement the va lue in accordance with the contract o f
work done in accordance therewith.
A l l i tems hav ing a f inanc ia l va lue sha l l be entered in
measurement Book etc . a s prescr ibed by the corporat ion
so that a complete record i s obta ined of a l l the Works
per formed under the contract .
Measurements sha l l be taken jo int ly by the Engineer or
h is organisat ion representat ive and by the Contractor or
h is organisat ion represen tat ive . Before tak ing
100
measurements o f any work the Engineer or the person
deputed by h im for the purpose sha l l g ive a reasonable
not ice to the Contractor . I f the Contractor fa i l s to at tend
or send an organisat ion representat ive for measurement
a f ter such a not ice or fa i l s to counters ign or the object ion
with in a week f rom the date o f measurement , then in any
such event measurement taken by the Engineer or by the
person deputed by h im sha l l be taken to be correct
measurements o f the works and sha l l b e b indi ng on the
Contractor .
The Contractor sha l l , w i thout any ext ra charge , prov ide
ass i s tance with every appl iance and other th ings
necessary for measurements .
Measurements sha l l be s igned and dated by both part ies
each day (o f tak ing measurement) on the s i te on
complet ion o f measurement .
93 . 91.
Payments o f
B i l l s and Other
C la ims
The payment o f b i l l s and other c la ims ar i s ing out o f the
contract wi l l be made by Account Payee Cheque drawn in
the name of ‘Agency ’ .
94 . 85.
Fu l l P rov is ions The rates inserted by th e corporat ion aga inst var ious
i tems o f Work deta i led in var ious parts of scheduled sha l l
be deemed to inc lude every a l lowance necessary , w ithout
ext ra measurement or charge for meet ing the requirement
o f var ious components/ parts o f the contract documents
(v i z part icu lar spec i f i cat ions , PWD of standard
spec i f i cat ions , Maharashtra schedule o f rates , MOST
spec i f i cat ions , B IS spec i f i cat ions , Spec ia l Condi t ions,
preambles and notes to schedule o f i tems descr ipt ion of
schedule i tems which sha l l a l l be read toget her and any or
o f the fo l lowing unless spec i f i ca l ly prov ided for the
contrary .
a ) Compl iance with a l l the condi t ions o f contract inc luding Genera l Condi t ions o f Contract , schedule o f rates and Quant i t ies , Part icu lar Spec i f icat ions , Drawings inc luding Notes t hereon, Spec i f i cat ions in s tandard Spec i f i cat ions o f PWD of Maharashtra and MJP re levant Indian Standard Spec i f i cat ions wherever appl icable . However, in case o f any d iscrepancy between drawing and tender , the tender i tem and spec i f i cat ion sha l l preva i l . I f there i s d iscrepancy in tender spec i f icat ions , the order o f preference sha l l be 1 s t spec i f i cat ion o f Maharashtra State PWD, MJP , MOST and last ly B IS .
b ) Al l labour , mater ia l s , too l and p lants , equipments and t ransport which may be required in preparat ion fo r and in the fu l l and en t i re execut ion and complet ion o f the Works inc luding waste o f mater ia l s , carr iage and cartage ,
101
carry ing in , return of empt ies , ho ist ing , set t ing , f ix tures and f i t t ings in pos it ion.
c ) Loca l condi t ions: Nature of Works, loca l fac i l i t ie s for supply o f labour and mater ia ls access ib i l i ty ’ s to s i tes and a l l o ther matters e f fect ing the execut ion and complet ion o f the Works .
d) Dut ies etc : Payments o f any Octro i , Termina l Tax , Sa les Tax , Turnover Tax , Contract Sa les Tax , To l l Tax , Ground Rent , Roya l ty , Env i ronmenta l Cess , Loca l Bodies Cess , Taxes or any dut ies on mater ia l s obta ined for the Works and any dut ies in respect o f patent r ights .
e ) Superv is ion : Competent superv is ion o f the Work . f ) Labour : Reasonable terms and condi t ions o f
employment, l iab i l i ty to pay compensat ion, Wages as per statutory enactment ’s , temporary accommodat ion, sani tat ion, compl iance with contract labour act 1970 (Regulat ion and Abo l it ion) .
g ) Water: Prov is ion o f a l l water required inc luding temporary p lumbing and connect ion.
h) Temporary Work Shops , Stores , Of f ices, Labour Camps etc . P rov is ions o f such s t ructures required for e f f i c ient execut ion o f the Works and remov ing and c leaning up s i te on complet ion o f Works .
i ) Precaut ions Aga inst R isks : Precaut ions to prevent loss or damage f rom a l l o r any r i sk , insurance o f sheds or any temporary accommodat ion prov ided by the corporat ion watching and l ight ing, prov is ions perta in ing to the Genera l Condi t ions o f Contract .
j ) Not ices, Fees etc . : Compl iance with s tatutory prov is ions o f regulat ions and/ or bye laws o f any loca l author i ty and/ or any publ ic serv ice company or author i ty a f fected by the Works .
k ) Sett ing the Works inc luding a l l apparatus required. l ) S i te Dra inage: Removal o f a l l water that may
accumulate due to spr ing, sub so i l water , f lood/t ide s and any other causes on the s i te dur ing the progress o f the Work .
m ) Execut ion o f Work in Workmanl ike manner, fac i l i t ies for inspect ion etc .
n) Rect i f i cat ion o f bad Work: Rect i f i cat ion and/ or removal and reconstruct ion o f any Work which (as dec ided by the Eng ineer) has been executed with unsound or imperfect mater ia l s or unsk i l led Workmanship or o f a qua l i ty infer ior to that contracted for , whether dur ing construct ion or reconstruct ion pr ior to the expi ry o f the Defect L iab i l i ty per iod.
o ) Respons ib i l i ty for dama ges and loss o f a l l construct ion mater ia ls e tc . , at the s i te unt i l handing over to the corporat ion.
p) Removal o f Rubbish: Removal o f Rubbish & debr is & c leaning o f any d i r t before handing over a l l complet ion o f woks .
q) Cleaning s i te and Works : Removal by the C ontractor o f f the s i te , o f any too ls , p lats & mater ia l s and sweeping bui ld ing, washing f loors , c leaning jo iner ies & removal o f sp lashes o f asphal t leav ing the whole s i te neat and t idy .
r ) Complet ion: Complet ing the Work to the sat i s fact ion o f the Engineer on or before s t ipulated the
102
date o f complet ion. s ) Dif f i cu l t pos it ion: Access ib i l i ty or o therwise to s i te ,
easy or d i f f i cu l t pos it ion in Works . t ) Errors: Rect i f i cat ion o f a l l defects dur ing
construct ion & defect l iab i l i ty per iod to the sat i s fact ion o f Engineer .
u) Curved Works etc . Works o f any quant ity , s i ze or shape whether leve l , inc l ined, curved, bat tered etc .
v ) Maker’s Inst ruct ion: Compl iance with make’s ins t ruct ions in the case o f propr ietary ar t ic les , factory made good o f precast i tems.
w) Waste: A l l waste laps , sea ms, jo ints ( rough or fa i r cut t ing) s t ra ight/ rak ing, c i rcu lar and mak ing good.
x ) Art i f i c ia l L ights : To inc lude a l l l i ght ing/Kerosene or e lect r ic power as the case may be when need ar i ses for use o f l ight ing whi le carry ing out Works . Construct ion o f approache s to the s i te of Work . Mak ing
arrangements for proper access to Works in the form of
s ta i rs , ladders , l i f t s etc . as ordered by the Engineer – in –
Charge for proper superv is ions , test ing and or inspect ion
o f Works inc luding mater ia l dur ing construct ion & d efect
l iab i l i ty per iod.
95 . 92.
Inter im
Payment
Inter im b i l l s sha l l be submit ted by the Contractor f rom
t ime to t ime (but at an interva l o f not less than one
month) for the Works executed. The Engineer sha l l
ar range to have the b i l l s ver i f ied by tak ing or caus ing to
be taken, where necessary , the requis i te measurement o f
Work . The jo int measurement sha l l not be an excuse for
the Contractor to submit intermediate b i l l s a t monthly or
interva ls not less than a month. A l l inter im b i l l s sha l l be
f i r s t submit ted by the Contractor with deta i led
measurements and thereafter only the Engineer or h is
organisat ion representat ive sha l l carry out jo int
ver i f i cat ions or o therwise on record in the measurement
book before cert i f i cat ion o f the b i l l s .
Payment on account for a mount admiss ib le sha l l be made
on the Engineer cert i fy ing the sum to which the
Contractor i s cons idered ent i t led by way of
inter im payment for a l l the Work executed, a f ter
deduct ing there f rom the amount a l ready pa id , the
secur i ty depos i t/ retent ion money a nd such other amounts
as may be deduct ib le or recoverable in terms of
the contract .
No inter im payment wi l l be admit ted unt i l such t ime the
Contractor have fu l ly compl ied with the requirement o f
the Condit ion 84 concerning submiss ion and approva l o f
NetWork Schedule for the Works , as deta i led in Condi t ion
83 . A f ixed sum sha l l be he ld in abeyance at the t ime of
103
next inter im payment for non at ta inment o f
each mi lestone in the NetWork and sha l l b e re leased only
on at ta inment o f the sa id mi lestone
96 . 93.
Modi f icat ion o f
Inter im
Cert i f i cate .
An inter im cert i f i cate g iven re lat ing to Work done or
mater ia l de l ivered may be modi f ied or corrected by any
subsequent inter im cert i f i cate or by the f ina l cert i f i cate .
No cert i f i cate o f the Engineer support ing an inter im
payment sha l l o f i t se l f be conc lus ive ev idence that any
Work or mater ia l s to which i t re lates i s /are in accordance
with the contract .
97 . 94.
Income Tax
The Contractor shal l pay Indian Income Tax on a l l
payments made to h im under the Contract , other than
re imbursements made to h im by the Corporat ion to cover
payment by Contractor o f minor custom dut ies etc . , o r any
other payment which the Contractor may make on the
Corporat ion’s behal f . Under the prov is ions o f Sec . 194 -C
o f the Indian Income Tax Act , the Cor porat ion i s required
to deduct Tax with surcharge at source at preva i l ing rates
f rom the gross amount o f each b i l l submit ted. Any
expatr iate s i te staf f o r s taf f not normal ly res idents o f
Ind ia , employed by the Contractor sha l l pay personal
Income Tax on a l l money earned and pa id in India . The
Contractor sha l l perform such dut ies in regard to such
deduct ions thereof as may be imposed on h im by such
laws and regulat ions .
98 . Payment o f
Taxes
The contractor shal l pay a l l the taxes d i rect ly to
respect ive organiz at ions & to the Government . The
Corporat ion sha l l not take any respons ib i l i ty for any k ind
o f tax payment to the Government or semi Government
bodies at any po int of t ime.
The pr ices quoted by the Cont rac tor sha l l inc lude al l
cus toms dut ies , import dut ies , exc ise dut ies , bus iness
t axes , income and o ther taxes tha t may be levied in
accordance to the laws and regulat ion in -force on the
Cont rac tor ’s Equipment , mater ial s , suppl ies (permanent ,
t emporary and consumables) to be used on or furni shed
under the cont r ac t and on the services to be performed
under the cont rac t . Nothing in the cont rac t sha l l re l i eve
the contractor f rom his responsibi l i ty to pay any tax that
may be levied or on prof i t s made by h im in respect of the
contract .
The contractor shal l per form su ch dut ies in regard to such
deduct ions thereof as may be imposed on him by such laws
and regulat ions .
104
All c Charges on account of Octroi, terminal or Sales Tax and other duties on
material obtained for the Works from any source including the tax
applicable as per Maharashtra Sales Tax Act on the transfer of property in
the goods involved in the execution of Works contract (re-enacted) Act,
1991 etc. shall be borne by the Contractor. Under the provisions of the
Maharashtra Sales Tax Act, the Corporation is required to deduct
Turnover Tax at source at the rates prevailing at the time of payments.
The contractor sha l l submit form – 31 or such other forms
as are prescr ibed under the sa id act which i s required to
be produced by the pr inc ip le employer in the events o f
any not ice by the Sa les Tax Department with in one month
o f i s sue o f le tter o f acceptance .
99 . 95.
Deduct ion o f
Contract Sa les
Tax / Turnover
tax .
The Contractors are required to produce the i r reg is t rat ion
for contract sa les tax/ turnover tax to the d epartment
before re leas ing the 1 s t R .A. b i l l fo r the W ork executed by
them, fa i l ing which, no payment sha l l be re lease .
100 . 97.
Prov is iona l
Sums.
(1 )” Prov is iona l sum” means a sum inc luded in the contract
and so des ignated in the B i l l o f Quant i t ies for the
execut ion o f Work or supply o f goods , mater ia l s or
serv ices or for cont ingenc ies , which sum may be used, in
who le or in part , o r not at a l l , a t the d i rect ion and
d iscret ion o f the Engineer . The contract pr ice sha l l
inc lude only such amounts in respect o f th e Work , supply
or serv ice to which such prov is iona l sum re late as the
Engineer sha l l approve or determine in accordance with
th is c lause .
(2 ) In respect o f every prov is iona l sum the Engineer sha l l
have power to order to execute the Work, inc luding
goods , mater ia l s or serv ices to be suppl ied by the
Contractor . The contract pr ice sha l l inc lude the va lue o f
such Work executed or such goods , mater ia l o r serv ices
suppl ied determined in accordance with C lause No. 102 .
(3 ) The Contractor sha l l produce a l l quota t ions , invo ices ,
vouchers and accounts or rece ipts in connect ion with
expenditure in respect o f prov is iona l sums.
101 . 98.
Rates for
Excess in
I tems.
Quant i t ies shown in the tender are approx imate and no
c la im sha l l be enterta ined for quant i t ies o f work execu ted
be ing e i ther more or less than those entered in the tender
or est imate . For purpose o f th is contract , the
var iat ions/dev iat ions in carry ing out the i tems o f work
sha l l not exceed p lus or minus 25 percent o f contract sum.
105
The dev iat ion/var iat ion in the quant ity o f ind iv idua l i tems
sha l l not be taken as dev iat ion or var iat ion in the
contract . The d i f ference between the tota l va lue o f the
work done and the Contract sum as def ined above wi l l be
only be cons idered for dev iat ion/var iat ion.
The Contractor sha l l ar r ive at the rates a f ter carefu l ly
prepar ing the rate ana lys i s tak ing into cons iderat ion s i te
condi t ions . For increase upto 25 percent over the quant i ty
shown in the b i l l o f quant i t ies sha l l be pa id at , the rate
ment ioned in the b i l l o f quant i t ies . How ever, i f the
quant i ty increases beyond 25 percent o f quant i ty shown
in the b i l l o f quant it ies the excess quant i ty beyond 25
percent sha l l be pr iced as under :
The rate sha l l be worked out based on schedule rate with
Contractor`s quoted percentage or curren t d is t r ic t
schedule o f rates without Contractor`s quoted
percentage , which ever i s less .
102 . 99.
Rates for Ext ra
I tems.
Rates for such additional altered or, substituted Work shall be
determined as follows:
i) If rate for additional, altered or substituted item of Work is specified in
the bill of quantities and rates, the Contractor shall carry out the
additional, altered or substituted item at the same rate, subject to 100
above.
i i ) I f rate for any addi t iona l , a ltered or subst i tuted i tem of
Work i s not i nc luded in the b i l l o f quant i t ies and rates ,
such i tem of Work sha l l be carr ied out at the re levant
Corporat ion’s schedule o f rates (Publ ic works Department
and M.J .P . schedule o f rates for Thane D is t r ic t ) preva i l ing
at the t ime of execut ion o f ext ra Work (Quoted
percentage wi l l not be appl icable )
i i i ) I f the rate for any addi t iona l , a l tered or subst i tuted
i tem of Work cannot be determined in the manner
spec i f ied in ( i ) & ( i i ) above, or the rate so determined is
found to be unreasonable , then the Contract o r wi l l be
pa id at such fa i r and reasonable rates as Worked out by
the Engineer on the bas is o f mater ia l , labour and
operat ions o f construct ion equipment required to
execute the i tem and a l lowing 10 percent to cover prof it s
and overhead charges.
106
(iv) The Contractor shall submit to the Engineer his detailed rate analysis
for carrying out variation duly supported with quotations and other
supporting documents within 7 days of written instructions to carry out
variations. If the Contractor’s quotation is unreasonable, the Engineer
orders the variation and makes change to the contract price which is
based on his own forecast of the variations on the Contractor’s cost. In
case, the rates decided by the Engineer are not acceptable to the
Contractor, he shall continue with the work and maintain contemporary
records of actual expenses on day-to-day basis with joint assessment/
verification. The Contractor is not entitle for payment of actual expenses
as per joint records added with 10% for profit and overheads.
Disagreement with the rate fixed by the Engineer shall be informed by the
Contractor before commencing the work of variations, failing which the
rate fixed by the Engineer shall be final and binding on the parties to
contract.
103 . 100.
Overpayment
and
Underpayment
Whenever any c la im for the payment of a sum to the
Corporat ion r i ses out o f or under th is contract aga inst the
Contractor the same may be deducted by the Corporat ion
f rom any sum then due or which at any t ime thereafter
may become due to the Contra ctor under th is contract
and fa i l ing that unde r any contract wi th the Corporat ion
or f rom any other sum due to the Contractor f rom the
Corporat ion (which may be ava i lab le with the
Corporat ion) or f rom his secur i ty depos i t/ retent ion
money , or he sha l l pay t he c la im on demand.
The Corporation reserves the right to carry out post payment audit
and technical examination of the final bill including all
supporting voucher, abstracts etc. The Corporation further reserves the
right to enforce recovery of any over payment when detected.
If as a result of such audit and technical examination any overpayment is
discovered in respect of any Work done by the Contractor or alleged to
have been done by him under the Contract, it shall be recovered by the
Corporation from the Contractor by any or all of the methods prescribed
above or if underpayment is discovered the amount shall be duly paid to
the Contractor by the Corporation.
P rov ided that the aforesa id r ight o f the Corporat ion to
adjust overpayment aga inst amount du e to the Contractor
under any other contract with Corporat ion sha l l not
extend beyond the per iod o f two years f rom the date o f
payment o f the f inal b i l l o r in case the f ina l b i l l i s a
“ Minus” b i l l , f rom the date o f the amount payable by the
Contractor unde r the “Minus” b i l l i s communicated to the
Contractor .
Any amount due to the Contractor under th is contract for
107
underpayment may be adjusted aga inst amount then due
or which may at any t ime thereafter become due before
payment i s to the Contractor, f rom h im to Corporat ion on
any other contract or account whatsoever .
104 . 101..
Payment o f
F ina l B i l l
F ina l jo int measurement a long -with the representat ives o f
the Contractor should be taken, recorded and s igned by
the Contractors . Contractor should submit the f in a l b i l l
w i th in 1 month o f phys ica l complet ion o f the Work .
I f the Contractor fa i l s to submit the f ina l b i l l w i th in 1
month, the Corporat ion s taf f w i l l prepare the f ina l b i l l
based on the jo int measurement with in next 3 months .
Engineer ’s dec is ion sha l l b e f ina l in respect o f c la ims for
defect and pending c la ims aga inst Contractors .
No further c la ims should be made by the Contractor a fter
submiss ion o f the f ina l b i l l and these sha l l be deemed to
have been waived and ext inguished. Payment of those
i tems o f the b i l l s in respect o f which there i s no d ispute
and o f i tems in d ispute , for quant it ies and rates as
approved by the Commiss ioner sha l l be made with in a
reasonable per iod as may be necessary for the purpose o f
ver i f i cat ion etc .
Af ter payment o f the f in a l b i l l as a foresa id has been
made, the Contractor may, i f he so des i res, recons ider h is
pos i t ion in respect of a d isputed port ion o f the f ina l b i l l
and i f he fa i l s to do so with in 84 days , h is d isputed c la im
sha l l be dea l t w i th as prov ided in the contract .
108
105. 1
Rece ipts to be
S igned
in F i rm’s Name
by any One o f
the Partners
Every rece ipt for money which may become payable or for
any secur i ty which may become t ransferable to the
Contractor under these present sha l l , i f s igned in the
part nersh ip name by any one o f the partners , be a good
and suf f ic ient d ischarge to the Commiss ioner and
Corporat ion in respect o f the money
o r secur i ty purport ing to be acknowledged thereby , and in
the event o f death o f any o f the partners dur ing the
pendency o f th is contract , i t i s hereby express ly agreed
that every rece ipt by any one o f the surv iv ing partners
sha l l , i f so s igned as a foresa id , be good and suf f ic ient
d ischarge as a foresa id prov ided that nothing in th is c lause
conta ined sha l l be deemed to prejud ice or e f fect any
c la im which the Commiss ioner or the Corporat ion may
hereafter have aga inst the lega l representat ives o f any
partners so dy ing or in respect o f any breach o f any o f the
condi t ions thereof , prov ided a lso that nothing in th is
c lause conta ine d shal l be deemed pre judice or a f fect the
respect ive r ights or obl igat ions o f the Contractor and o f
the lega l representat ive o f any deceased Contractors
interest .
106 . 20
No Payment on
Account o f
Pr ice Var iat ion
o f Labour ,
Mater ia l and
POL
Component
No mater i a l pr ice var iat ion wages esca lat ion on indiv idua l
i tem on account whatsoever and compensat ion for ‘Force
Majeure’ etc . sha l l payable under th is contract .
PART -VI
TERMINATION OF CONTRACT AND SETTELEMENT OF DISPUTES
107. 107.
Cance l lat ion o f
Contract in Fu l l
o r in Part .
I f the Contractor:
(a )At any t ime makes defaul t in proceeding with the Work
with due d i l igence and cont inues to do so a f ter not ice in
109
writ ing o f fourteen days f rom the Engineer ; or
b ) Commits defaul t in comply ing with any o f the terms and
condi t ions o f contract and does not remedy i t w i th in
fourteen days a fter a not ice in wr i t ing i s g iven
to h im in that behal f by the Engineer , o r
( c )Fa i l s to complete the Works or i tems with indiv idua l
dates o f complet ion, on or before the date(s ) o f
comple t ion, and does not complete them with in the
per iod spec i f ied in a not ice g iven in wr i t ing in that behal f
by the Engineer , o r
(d)Sha l l o f fer or g ive or agree to g ive to any person in
Corporat ion’s Serv ice or to any other person on h is behalf
any g i f t o r c ons iderat ion o f any k ind as an inducement or
reward for do ing or forbear ing to do or for hav ing done or
forborne to do any act in re lat ion to the obta in ing or
execut ion o f th is or any other contract for the
Corporat ion, or
(e )Sha l l obta in a contract wi t h the Corporat ion as a resul t
o f r ing tender ing or o ther non -bona- f ide methods of
compet i t ive tender ing or
f ) be ing an indiv idua l or a f i rm, any partner thereof , sha l l
a t any t ime be adjudged inso lvent or have a rece iv ing
order or order for adminis t rat io n o f h is estate made
aga inst h im or sha l l take any proceedings for l iqu idat ion
or compos i t ion (other than vo luntary l iqu idat ion for the
purpose o f amalgamat ion or reconstruct ion) under any
inso lvency act for the t ime be ing in force or make any
conveyance o f ass ignment o f h is ef fects or compos it ion or
arrangement for the benef i t o f h is c redi tors or purport so
to do , or i f any appl icat ion be made under any Inso lvency
Act for the t ime be ing in force for the sequestrat ion o f h is
estate or i f a t rust deed be exe cuted by h im for h is
c redi tors , o r
g ) Be ing a company , sha l l pass a reso lut ion or the court
sha l l make an order for the l iqu idat ion o f h is a f fa i rs , o r a
110
rece iver or a manager on behal f o f the debenture ho lders
sha l l be appo inted or c i rcumstances sha l l ar i se which
ent i t le the Court or debenture ho lders to appo int a
rece iver or a Manager , o r
h) shall suffer an execution being levied on his goods and allow it to be
continued for a period of 21 days, or
Assigns, transfers, sublets (engagement of labour on a piece Work basis
or labour with materials not to be incorporated in the Work, shall not be
deemed to be sub-letting) or attempts to assign, transfer or sub-let the
entire Works or any portion thereof without the prior written approval of
the Commissioner; the Commissioner may, without prejudice to any
other right or remedy which shall have accrued or shall accrue thereafter
to the Corporation by written notice cancel the contract as a whole or
only such items of Work in default from the contract.
i ) In the case o f abandonment o f the work owing to
ser ious i l lness or death o f the Contractor .
108 . 105.
Act ion When
Whole o f
Secur i ty
Depos i t i s to
be For fe ited
In the cases ment ioned in above c lause No. 107 the
Engineer , on behal f of the corporat ion shal l hav e power to
adopt any o f the fo l lowing forces , as he may deem best
su i ted to the interest o f the corporat ion.
a ) To resc ind the contract ( for which resc iss ion not ice in wr it ing to the Contractor under the head of Engineer sha l l be conc lus ive ev idence) and in t hat case the secur i ty depos it o f the Contractor sha l l s tand for fe i ted and be abso lute ly at the d isposa l o f Corporat ion
b) To carry out Work or any part of the departmenta l ly debi t ing the Contractor with the cost o f the Work , expenditure incurred on too ls and p lan and charges on addi t iona l superv isory s taf f inc luding the cost o f Work charge establ i shment employed for gett ing the unexecuted part o f the Work completed and credi t ing h im with the va lue of the Work done departmenta l ly in a l l respects in the same ma nner and at the same rates as i f i t had been carr ied out by the Contractor under the terms o f h is contract . The cert i f i cate o f the Engineer as to the costs and other a l l ied expenses so incurred and as to the va lue o f the Work so done departmenta l ly and sha l l be f ina l and conc lus ive aga inst the Contractor .
c ) To order that the Work o f the Contractor be measured up and to take such part there o f as sha l l be on executed out o f his hands , and to g ive i t to another Contractor to complete , in which case a l l expenses incurred on advert i sement for f i x ing a new contract ing agency , addi t iona l superv isory s taf f inc luding the cost o f Work charge establ i shment and a cost o f Work executed by the new contract agency wi l l be debi ted to
111
the Contractor and the va lue o f the Work done or executed through a new Contractor sha l l be credi ted to the Contractor in a l l respects and in the same manner and at the same rates as i f i t had been carr ied out by the Contractor under the terms o f th is contract . The cert i f i cate o f the Engineer as to a l l the cost o f the Work and other expenses incurred as a foresa id for or in get t ing the unexecuted Work done by the new Contractor and as to the va lue o f the Work so done sha l l be f ina l and conc lus ive aga inst the Contractor . In case the contract sha l l b e resc inded under c lause (a)
above the Contractor sha l l not be ent it le to recover or
be pa id , any sum for any Work therefore actua l ly
per formed by h im under th is contract unless and unt i l
the Engineer sha l l have cert i f ied in wr i t ing the
per formance o f the such Work and the amount payable
to h im in respect thereof and he sha l l on ly be ent i t led
to be pa id the amount so cert i f ied in the event o f e i ther
o f the curses re ferred to in c lauses (b) or (c ) be ing
adopted and the cost o f the executed departmenta l ly or
through a new Contractor and other a l l ied expenses
exceeding the va lue o f the such Work credi ted to the
Contractor the amount o f excess sha l l be deducted f rom
any money due to the Contractor , by corporat ion under
the Contractor otherwise howsoever or f rom his
secur i ty depos i t or the sa le proceeds there o f prov ided,
however , that Contractor sha l l have no c la im aga inst
corporat ion even i f the cert i f ied va lue o f Work done
departmenta l ly or through a new Contractor exceed the
cert i f ied cost o f such Work and a l l ied expenses ,
prov ided a lways that which ever o f the three courses
ment ioned in c lauses (a ) , (b) or ( c ) i s adopted by the
Engineer , the Contractor sha l l have no c la im to
compensat ion for any loss susta ined by h im by reason
h is hav ing purchased or procured any mater ia l s , or
entered into any engagements , o r made any advance on
account o f or wi th a v iew to the execut ion o f the Work
or the per formance of the contract .
109 . 103.
Act ion When
the Progress o f
any Part icu lar
Port ion o f the
Work i s
Unsat i s factory
I f t he progress o f any part icu lar port ion o f the Work i s
unsat i s factory the condi t ions ment ioned in c lause 108(b) ,
be ent i t led to lake act ion under c lause af ter g iv ing the
Contractor 14 days not ice in wr i t ing . The Contractor wi l l
have no c la im for compensat ion , for any loss susta ined by
h im owing to such act ion.
110 . 104.
Contractor
Remains L iab le
to Pay
In any case in which any o f the powers conferred upon the
Engineer by c lauses 108 & 109 hereof sha l l have become
exerc isable and the same sha l l not have been exerc ised
112
Compensat ion
i f Act ion not
Taken Under
C lause 108 and
109
the non exerc ise there o f sha l l not const itute a walver o f
any o f the condi t ions thereof and such powers sha l l not
wi thstanding the exc isable in the event o f any future case
o f defaul t by the C ontractor for which under any c lause
hereof he i s dec lared l iab le to pay compensat ion
amount ing to the whole o f th is secur ity depos i t and the
l iab i l i ty o f the Contractor for past and future
compensat ion sha l l remain unaf fected.
111 . 106.
Power to take
possess ion o f
or require
removal or se l l
Contractors
p lant .
In the event o f Engineer tak ing act ion under sub c lauses
(a ) or ( c ) c lause 108 , he may i f he so des i res , take
possess ion o f a l l any too ls and p lant , mater ia l s and s tore
in or upon the Work o f the s i te the reof or be longing to
the Contractor , o r procured by h im and intended to be
uses for the execut ion o f the Work or any part thereof
pay ing or a l lowing for the same in account at the contract
rates or in the case of contract rates not be ing appl icable
at current market rates to be cert i f ied by the Engineer
whose cert i f i cate thereof sha l l be f ina l . In the a lternat ive
the Engineer may after g iv ing not ice in wr i t ing to the
Contractor or h is c lerk o f the Work foreman or other
author ises agent requires h im to remov e such too ls and
p lant , mater ia l , o r s tores f rom the premises with in a t ime
to be spec i f ied in such not ice and in the event o f the
Contractor fa i l ing to comply with any such requis i t ion, the
Engineer may remove them at the Contractor ’s expenses
or se l l them by auct ions or pr ivate sa le on account o f the
Contractor and at th is r i sk in a l l respect and the
cert i f i cate o f the Engineer as to the expenses o f any such
removal and the amount o f the proceeds and expensed on
any such sa le sha l l be f ina l and conc lus ive aga inst the
Contractor .
112 . 108.
No Interest for
De layed
Payments Due
to D isputes
etc .
It i s agreed tha t the Corpora t ion of or i t s Engineer or
Off icer shal l not be l i ab le to pay any in terest or damage
wi th respect to any moneys or balance which may be in i t s
or i t s Engineer’s or of f icer ’s hands owing to any d i spute
or di f fe rence or c la im or mis -unders tanding be tween the
Corpora t ion of or i t s Engineer or Off icer on the one hand
and the Contractor on the other , or with respect to any
de lay on the par t of the Corpora t ion of Navi Mumabi or
i t s Engineer or Off icers in making per iodical or f ina l
payments or in any o ther respec t whatever .
Payment to the Cont rac tor of the amount due under each of
the in te r im payment cer t i f ica te i ssued by the Engineer
sha l l be made by the Corpora t ion with in 45 (For ty Five)
days i f such cer t i f i cate be ing de l ivered . If the Corporat ion
makes la te payment , the Cont rac tor is to be pa id inte rest
on the la te payment in the next payment . In te res t shal l be
ca lculated from the da te by which the payment should have
been made upto the da te when the late payment i s made at
6% per annum. I t i s a te rm under th i s cont ract that
payment of in te res t in excess of 6% is barred on any
amount payable to the Cont rac tor on any account .
I t i s di s t inct ly und ers tood and agreed be tween the par t ies
hereto tha t payment for Work a l ready executed by the
113
Cont rac tor i s not a condi t ion precedent under thi s cont ract
for the execut ion of the remaining Work.
113. 109.
Jur isdic t ion In case o f any c la im, d ispute or d i f ference ar i s ing in
respect o f a contract , the cause o f act ion thereof sha l l be
deemed to have ar isen in Nav i Mumbai and a l l lega l
proceedings in respect o f any such c la im, d ispute or
d i f ference sha l l be inst i tuted in a competent court in the
C i ty o f Nav i Mumbai o nly .
114 . 110.
Final i ty of
Decis ion and
Non-
Arbi t rabi l i ty
SETTLEMENT Of DISPUTES
I f a d ispute/ d isputes o f any k ind whatsoever ar i ses
between the Contractor and Engineers representat ive the
same sha l l be re ferred to the Engineer for h is dec is ion
with deta i led just i f i cat ion. Such re ference sha l l be s tated
that i t i s inpersunce to th is c lause for rev iew and g iv ing
dec is ions by the Engineers . The Engineer sha l l g ive h is
dec is ion with in 14 days o f rece ipt o f not ice . I f e i ther
party i s not sat i s f ied with the dec is io n o f the Engineer or
the Engineer fa i l s to g ive the dec is ion with in the per iod of
14 days f rom the date o f rece ipt o f not ice under th is
c lause , such a d ispute may be re ferred to Arbi t rat ion as
per C lause No. 115 .
115 . 111.
Arb i t rat ion Except where , o therwise p rov ided for in th is contract , a l l
quest ions and d isputes re lat ing to the meaning o f
inst ruct ion hear in before ment ioned or as to any other
quest ion, c la im, r ight , matter o f handing whatsoever, i f
any ar i s ing out of or re lat ing to th is contract ,
spec i f i cat ion, est imates , Inst ruct ions , orders or these
condi t ions or otherwise concerning the works , o r the
execut ion or fa i lure to execute the same where ar i s ing
dur ing the progress o f the work or a f ter complet ion or
abandonment thereof o f any matter d i rect ly or i nd i rect ly
connected with th is agreement sha l l be re ferred to the
so le Arb i t rat ion o f the Munic ipa l Commiss ioner o f Nav i
Mumbai Corporat ion, C .B .D . , Nav i Mumbai and i f the
Munic ipa l Commiss ioner i s unable or unwi l l ing to act as
such, then the matter in d isp ute sha l l be re ferred to so le
Arb i t rat ion or such other person appo inted by the
Munic ipa l commiss ioner who is w i l l ing to act as such
Arbi t rator . In case , the Arbi t rator so appo inted is unable
to act for any reasons , the Munic ipa l Commiss ioner in the
event o f such inabi l i ty , sha l l appo int another person to
act as Arb i t rator in accordance with the terms o f the
contract . Such person sha l l be ent i t led to proceed with
the re ference f rom the s tate at which i t was le f t by h is
predecessors . I t i s a l so a term of th i s contract that no
person other than a person appo inted by the Munic ipa l
Commiss ioner as a foresa id should act as an Arbi t rator .
As a foresa id the prov is ions o f the arb i t rat ion and
conc i l ia t ion act 1996 or any s tatutory modi f icat ion or
114
Reinactment there o f and the ru les made there under and
for the t ime be ing in force sha l l apply to the arb i t rat ion
proceedings under this c lause .
116 . Laws
Governing The
Cont rac t–
This contract sha l l be governed by the Indian Laws for the
t ime be ing in force .
PART –VI I
WORK COMPLETION & DEFECT LIABILITY
117. 119.
C learance o f
S i te on
Complet ion
Upon the i ssue o f any Tak ing over cert i f i cate the
Contractor sha l l c lear away and remove from that part of
the s i te to which such Tak ing -over Cert i f i cate re lates a l l
Contractor ’s equipment , su rp lus mater ia l s , rubbish and
temporary Works o f every k ind, and leave such part o f the
s i te and Works c lean and in a Workman l ike condi t ion to
the sat i s fact ion o f the Engineer . I f the Contractor does
not c lear the s i te with in 15 days a l l mater ia l w i l l be
conf i scated and no compensat ion sha l l be pa id and the
s i te wi l l be c leared at r i sk and cost o f the Contractor .
118 . 118.
Submiss ions o f
F ina l
Complet ion
Drawings .
On complet ion o f the Work , the Contractors sha l l furn ish
f ree o f cost 1 set o f R .T .F . o f f ina l c omplet ion drawings
and 6 bound sets o f copies o f drawings , showing a l l the
deta i l s checked and s igned by the Eng ineer with in 2
months o f complet ion o f Works . The payment o f f ina l b i l l
sha l l be made to the Contractors a fter rece ipt o f above
sets . In case th e Contractor fa i l s to submit the complet ion
drawings , a compensat ion at the rate of Rs .5000/ - per
drawing sha l l be recovered f rom the f ina l b i l l s
119 . 120.
Complet ion
Cert i f i cate
(1 ) As soon as Work i s completed, the Contractor sha l l
g ive not ice o f such com plet ion to the Engineer and with in
28 (Twenty -e ight) days o f rece ipt o f such not ice the
Engineer sha l l inspect the Works and sha l l furn ish the
Contractor with a cert i f i cate o f complet ion indicat ing
(a ) the date o f complet ion (b) the defects to be rect i f ied
by the Contractor , and/or (c ) i tems for which payment
sha l l be made at reduced rates .
When separate per iods o f complet ion have been spec i f ied
for i tems or groups o f i tems, the Engineer sha l l i s sue
separate complet ion cert i f i cates for such i tems or groups
o f i tems. No cert i f icate o f complet ion sha l l be i ssued, nor
the Works be cons idered to be
complete t i l l the Contractor sha l l have removed f rom the
premises on which the Works has been executed, a l l
115
scaf fo ld ing, sheds and surp lus mater ia l s , except such as
required for rect i f i cat ion o f defects , rubbish and a l l h uts
and sani tary arrangements required for h is Workers on
the s i te in connect ion with the execut ion o f Works as
sha l l have been erected by the Contractor or the
Workmen and c leaned a l l d i r t f rom a l l p arts
o f bui ld ing(s ) in , upon o r about which the Work has been
executed or o f which he may have had possess ion for
the purpose o f execut ion thereof
and c leaned f loors , gut ters and dra ins , eased doors and
sashes , o i led and fastenings , labe led the keys c lear l y and
handed them over to the Engineer or h is representat ive
and made the whole premises f i t for immediate
occupat ion or use to the sat i s fact ion o f the Engineer . I f
the Contractor sha l l fa i l to comply with any o f the
requirements o f th is Condi t ion as a fore sa id , on or before
the date o f complet ion o f Works , the Engineer may at the
expense of the Contractor fu l f i l l such requirements and
d ispose o f a l l the surp lus mater ia l and rubbish etc . as he
th inks f i t and the Contractor sha l l have no c la ims in
respect o f any such mater ia l except for any sum actua l ly
rea l i sed by the sa le thereof less the cost o f fu l f i l l ing the
requirements and any other amount that may be due f rom
the Contractor . I f the expense o f fu l f i l l ing such
requirement i s more than the amount rea l i ses on such
d isposa l as a foresa id , the Contractor sha l l fo r thwith on
demand pay such excess .
The Contractor`s notice of completion as aforesaid shall have to
accompanied with one set of tracings of final completion drawings on RTF
and six bound sets of copies of as built drawings, failing which the notice
shall be deemed to have not been issued at all.
(2) If at any time before completion of the entire Work, items or groups
of items for which separate periods of completion have been specified,
have been completed, the Engineer with the consent of the Contractor
takes possession of any part or parts of the same (any such part or parts
being hereinafter in this condition referred to as "the relevant part") then
not- withstanding anything expressed or implied elsewhere in this
contract.
(a) Within 28days (Twenty-eight days) of date of completion of such items or group of items or possession of the relevant part the Engineer shall issue a completion certificate for the relevant part provided the Contractor fulfills his obligation for the relevant part as in sub-para (1) above
(b) The defects liability period in respect of such items and relevant part shall be deemed to have commenced from the certified date of
116
completion of such items or relevant part as the case may be.
( c ) For the purpose o f ascerta in ing compensat ion for de lay under C lause No. 88 in respect o f any per iod dur ing which the Works are not completed the re levant part sha l l be deemed to form a separate i tem or group, wi th date of complet ion as g iven in the contract or as extended under C lause No.80 and actua l date of complet ion as cert i f ied by the Engineer under th is condi t ion.
(3 ) I f any part o f the Work sha l l have been substant ia l ly
completed and sha l l have sat i s factor i ly passed any f ina l
test that may b e prescr ibed under the contract , the
Engineer may i ssue a cert i f i cate o f complet ion in respect
o f that part o f the Works before complet ion o f the whole
Works and upon the i ssue o f such cert i f i cates , the
Contractors sha l l be deemed to have undertaken to
com plete any outstanding Works in that part o f the Works
dur ing the per iod o f maintenance .
120 . 12.
Tak ing Over o f
Work
Corporat ion wi l l take over the Work at any s tage
whenever required in the interest o f publ ic by g iv ing 10
days not ice to the Contractor .
121 . 123.
Defects
L iab i l i ty Per iod
The Contractor sha l l be respons ib le to make good and
remedy at h is own expense with in such per iod as may be
s t ipulated by the Engineer any defects which may deve lop
or be not iced before the expi ry o f the per iod ment ioned
in the Schedule `A ' hereto f rom cert i f ied date o f
complet ion and int imat ion o f which has been sent to the
Contractor with in 7 days o f expi ry o f the sa id per iod by
le t ter sent by hand de l ivery or by reg is tered post
122 . 112
L iab i l i ty for
Defects or
Imperfect ions
and
Rect i f i cat ion
Thereof
I f i t sha l l appear to the Engineer or to h is representat ive
at any t ime dur ing construct ion
o r reconstruct ion o r dur ing the defects ‚ l iab i l i ty per iod,
that any Work has been executed with unsound, imperfect
or unsk i l l fu l Workmanship or that any mater ia l o r ar t ic le
prov ided by the Contractor for execut ion o f thereof the
Work i s unsound or of a qua l i ty infer ior to that contracted
for , o r o therwise , not in accordance with the Contract , or
that any defect , shr inkage or other fau l ts have appeared
in the Work ar i s ing out o f defect ive or improper mater ia ls
117
or Workmanship, the Contractor sha l l , upon rece ipt
o f not ice in wr i t ing in that behal f f rom the Engineer
forthwith rect i fy or remove or reconstruct the Work so
spec i f ied in whole or part , as the case may require or , as
the case may be , and / or remove the mater ia l s or art ic les
so spec i f ied and prov ide other proper and su i table
mater ia l s or ar t ic les at h is own expense notwithstanding
that the same may have been inadvertent ly passed,
cert i f ie d and pa id for , and in the event o f h is fa i l ing to do
so with in the per iod to be spec i f ied by the Engineer in h is
not ice a foresa id the Engineer may rect i fy or remove and
re -execute the Work and/or remove and replace with
others the mater ia l s or ar t ic les co mpla ined o f , as the case
may be , by other means at the r i sk and cost o f the
Contractor .
In case o f repa i rs and maintenance Work , sp lashes and
droppings f rom whitewashing, pa int ing etc . sha l l be
removed and sur faces c leaned s imultaneous ly with
complet ion o f these i tems o f Work in ind iv idua l rooms,
quarters or premises etc . where the Work is done, wi thout
wai t ing for complet ion o f a l l other i tems o f Work in the
contract . In case the Contractor fa i l s to comply with
requirement o f th is condi t ion, the Engineer sha l l have the
r ight to get the Work done by other means at the r i sk and
cost o f the Contractor .
The Engineer sha l l g ive three days not ice in wr i t ing to the
Contractor before taking such act ion.
The Engineer reserves the right to decide the rates and prices of the
Works as executed by other means at the risk and cost of the Contractor.
The cost and expenses thereby incurred on the Works and
a lso such penal ty as the Engineer may impose for such
wrongfu l conduct o f the Contractor (which penal ty , the
Enginee r sha l l be competent to impose and aga inst the
impos it ion o f which or the amount thereof by the
Engineer an appeal sha l l l ie only to the Commiss ioner
with in seven days o f the order in that behal f o f the
Engineer and the dec is ions o f the Commiss ioner sha l l be
f ina l and b inding up on the Contractor ) may be deducted
f rom any money due or to become due to the Contractor,
under th is or any other contract between the Contractor
and the Corporat ion.
123 . 125
Maintenance The Contractor sha l l mainta in the f in i shed sur face o f the
road for a per iod as spec i f ied in Contract document , a f ter
the complet ion o f Work without any ext ra cost to
118
. corporat ion i r respect ive o f the des igns , s tandards and
spec i f i cat ions and actua l t ra f f i c e tc . The Contractor sha l l
get the potho les f i l l ed up with asphal t mix mater ia l s and
keep the road sur face in good condi t ion throughout the
year . 5 percent amount o f the tota l Work done sha l l be
with he ld f rom running account b i l l f o r the per iod
spec i f ied in the Contract document f rom the date of
comple t ion o f Work as maintenance charges o f
mainta in ing and keeping the road in good condi t ion. Th is
5 percent amount withhe ld towards maintenance charges
sha l l be a l lowed to be replaced with Bank guarantee or
other recognised forms at intermediate s tage , i f so ,
des i red in wr i t ing . Th is maintenance charges sha l l be in
addi t ion to secur i ty depos i t .
On complet ion o f the Work in a l l respects , necessary
cert i f i cates wi l l be i ssued by the Engineer and the defect
l iab i l i ty per iod wi l l be counted f rom the date o f i s sue of
such cert i f i cates
A l l damages dur ing execut ion sha l l be made good by the
Contractor at h is cost . He wi l l be respons ib le for any
damage to the road sur face inc luding B .T . sur face in ra iny
season and dur ing construct ion and guaranteed
maintenance per iod and no separate payment wi l l be
made for resort ing such damages .
Defect ive Work i s l iab le to be re jected at any stage . The
Contractor on no account can re fuse to rect i fy defects
mere ly on reasons that further Work has been carr ied
out . No ext ra payments sh a l l be made for such
rect i f i cat ion.
124 . 124.
Defects
L iab i l i ty
Cert i f i cate
The Contract sha l l not be cons idered as completed unt i l a
Defects L iab i l i ty Cert i f i cate sha l l have been s igned by the
Engineer and de l ivered to the Contractor , s tat ing the date
on which the Contractor sha l l have completed h is
obl igat ions to execute and complete the Works and
remedy any defects there in to the Engineer ’s sat i s fact ion.
The Defects L iab i l i ty Cert i f i cate sha l l be g iven by the
Engineer with in 28 days a f ter the expi rat ion o f the latest
such per iod, or as soon thereafter as any Works
inst ructed, pursuant to C lauses 121 and have been
completed to the sat i s fact ion o f the Engineer , Prov ided
that the i ssue o f the Defects L iab i l i ty Cert i f i cate sha l l not
be a condi t ion precedent to payment to the Contractor o f
the Retent ion Money .
125 . 126.
Unful f i l led
Obl igat ions
Notwithstanding the i ssue o f the Defects L iab i l i ty
Cert i f i cate the Contractor and the Corporat ion sha l l
remain l iab le for the fu l f i l lment o f any obl igat ion
incurred under the prov is ions o f the Contract pr ior to
119
the i ssue o f the Defects L iab i l i ty Cert i f i cate i s i s sued
and, for the purposes o f determining the nature and
extent o f any such obl igat ion, the Contract sha l l be
deemed to remain in force between the part ies to the
Contract . Notwithstanding the i ssue o f the Defects
L iab i l i ty Cert i f i cate the Contractor and the Corporat ion
sha l l remain l iab le for the fu l f i l lment o f any obl igat ion
incurred under the prov is ions o f the Contract pr ior to
the i ssue o f the Defects L iab i l i ty Cert i f i cate i s i s sued
and, for the purposes o f determining the nature and
extent o f any such obl igat ion, the Contract sha l l be
deemed to remain in force between the part ies to the
Contract .
126 . 122.
Refund o f
Secur i ty
Depos i t
The amount o f securi ty depos i t lodged by a Contractor
sha l l be re funded a long with the payment o f the f ina l
b i l l , o r a f ter the expi ry o f the defect l iab i l i ty per iod
which ever i s later unless the Engineer i s o f the opin ion
that in order to safeguard aga inst defects and pending
c la ims aga inst t he Contractor i t i s necessary to reta in
more amount reta ined as retent ion money.
ANNEXURE ‘A’
(See Condition 69)
Safety Provisions
1. Suitable scaffolds shall be provided for workmen for all that cannot safely be done from the ground, or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable footholds and handholds shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1 ( ¼ horizontal and 1 vertical).
2. Scaffolding or staging more than 3.25 meters above the ground or floor, swung or suspended from an overhead support or erected with stationary support, shall have a guard rail properly attached, belted braced and other wise secured at least 1 meter high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.
3. Working platform, gangways, and stairways shall be so constructed that they do not sag unduly or unequally, and if height of a platform or gangway or stairway is more than 3.25 meters above ground level or floor level, it shall be closely boarded, have adequate width and be suitably fenced as described in 2 above.
4. Every opening in floor of a building or in a working platform shall be provided with suitable means to prevent fall or persons or materials by providing suitable fencing or railing with a minimum height of 1 meter.
5. Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 9 meters in length. Width between side rails in a rung ladder shall in no case be less than 30 cm for ladder upto and including 3 meters in length. For longer ladders this width shall be increased by at least 6 mm for each additional 30 cm of length. Uniform step spacing shall not exceed 30 cm.
120
Adequate precaution shall be taken to prevent danger from electrical equipment. No
materials on any of the sites shall be so stacked or places as to cause danger or
inconvenience to any person or the public. The Contractor shall provided all necessary
fencing and lights to protect public from accidents and shall be bound to bear expenses of
defence of every suit, action or other proceeding at law that may be brought by any person
for injury sustained owing to neglect of the above precautions and to pay any damages and
costs which may be awarded in any such suit, action or proceedings to any such person or
which may with the consent of the Contractor be paid to compromise any claim by any such
person.
Excavation and Trenching :- All trenches, 1.5 metres or more in depth , shall at all times be
supplied with at least one ladder for each 30 metres in length or fraction thereof, ladder
shall be extended from bottom of trench to at least 1 metre above surface of the ground
sides of a trench which is 1.5 meters or more in depth shall be stepped back to give suitable
slope, or securely held by timber bracing, so as to avoid the danger of sides collapsing.
Excavated material shall not be placed within 1.5 meters of edge of trench or half or depth
of trench, whichever is more. Cutting shall be done from top to bottom. Under no
circumstances shall undermining or under cutting be done.
7. Demolition : Before any demolition work is commenced and also during the process of the
work
(a) all roads and open areas adjacent to the work site shall either be closed or suitably protected.
(b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by operator shall remain electrically charged,
(c) All practical steps shall be taken to prevent danger to persons employed, from risk of fire or explosion, or flooding. No floor, roof or other part of a building shall be so overloaded with debris or materials as to render it unsafe.
8. All necessary personal safety equipment as considered adequate by the Engineer shall be
available for use of persons employed on the site and maintained in a condition suitable for
immediate use, and the Contractor shall take adequate steps to ensure proper use of
equipment by those concerned.
(a) Workers employed on mixing asphaltic materials, cement and lime mortars/concrete shall be provided with protective footwear, handgloves and goggles.
(b) Those engaged in handling any material which is injurious to eyes shall be provided with protective goggles.
(c) Those engaged in welding works shall be provided with welder’s protective eye-shields.
(d) Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.
(e) When workers are employed in sewers and manholes, which are in use, the Contractor shall ensure that manhole covers are opened and manholes are ventilated at least for an hour before workers are allowed to get into them. Manholes so opened shall be cordoned off with suitable railing and proided with warning signals or boards to prevent accident to public.
(f) The Contractor shall not employ men below the age of 18 and women on the work of painting with products containing lead in any form. Whenever men above the age
121
of 18 are employed on the work of lead painting the following precautions shall be taken;
(g) No paint containing lead or lead products shall be used except in the form of paste or ready made paint. (i) Suitable face masks shall be supplied for use by workers when paint is applied in
the form of spray or surface having lead paint dry rubbed and scrapped. (ii) Overalls shall be supplied by the Contractor to workmen and adequate facilities
shall be provided to enable working painters to wash during and on cessation of work.
9. When work is done near any place where there is risk of drowning, all necessary equipment
shall be provided and kept ready for use and all necessary steps taken for prompt rescue of
any person in danger and adequate provision made for prompt first aid treatment of all
injuries likely to be sustained during the course of the work.
10 Use of hoisting machines and tackle including their attachments, anchorage and
supports shall conform to the following :
(a) (i) These shall be of good mechanical construction, sound material and adequate
strength and free from patent defects and shall be kept in good repair and in good
working order.
(ii) Every rope used in hoisting or lowering materials or as a means of suspension
shall be of durable quality and adequate strength,and free from patent defects.
(b) Every crane driver or hoisting appliance operator shall be properly qualified and no
person under the age of 21 years shall be incharge of any hoisting machine including
any scaffold winch or give signals to operator.
(c) In case of every hoisting machine and of every chain ring hook, shackle, swivel and
pulley block used in hoisting or lowering or as means of suspension, safe working
load shall be ascertained by adequate means. Every hoisting machine and all gear
referred to above shall be plainly marked with safe working load. In case of hoisting
machine having a variable safe working load, each safe working load and the
conditions under which it is applicable shall be clearly indicated. No part of any
machine or of any gear referred to above in this paragraph shall be loaded beyond
safe working load except for the purpose of testing.
(d) In case of departmental machine, safe working load shall be notified by the
Engineer, as regards Contractor’s machine the Contractor shall notify safe working
load of each machine to the Engineer whenever he brings it to site of work and get
it verified by the Engineer.
11. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting
appliances shall be provided with efficient safeguards, hoisting appliances shall be provided
with such means as will reduce to the minimum risk of accidental descent of load,
adequate precautions shall be taken to reduce to the minimum risk of any part of a
suspended load becoming accidentally displaced. When workers are employed on electrical
122
installations which are already energized, insulating mats, wearing apparel such as gloves,
sleeves and boots, as may be necessary, shall be provided. Workers shall not wear any rings,
watches and carry keys or other materials which are good conductors of electricity.
12. All scaffolds, ladders and other safety devices mentioned or described herein shall be
maintained in a safe condition and no scaffold, ladder or equipment shall be altered or
removed while it is in use. Adequate washing facilities shall be provided at or near places of
work.
13. These safety provision shall be brought to the notice of all concerned by display on a notice
board at a prominent place at the work spot. Persons responsible for ensuring compliance
with the Safety Provisions shall be named therein by the Contractor.
14. To ensure effective enforcement of the rules and regulations relating to safety precautions,
arrangements made by the Contractor shall be open to inspection by the Engineer or his
representative and the inspecting officers.
15. Notwithstanding the above provisions 1 to 14, the Contractor is not exempted from the
operation of any other Act or Rule in force.
123
ANNEXURE ‘B’
(See Condition No. 27)
DETAILS OF KEY PERSONNEL WITH TENDERER WHO ARE PROPOSED FOR THIS CONTRACT
