Tender
Tender
FOR
Website: portal.mcgm.gov.in/tenders
                              Office of:-
                Chief Engineer (Sewerage Operations),
                      Engineering Hub Building,
                                - 1-
                               INDEX
3 DISCLAIMER 13-15
4 INTRODUCTION 16-18
11 SPECIFICATIONS 196-322
15 APPENDIX 335-376
16 DRAWINGS 377-391
                                 - 2-
   SECTION 1
E-TENDER NOTICE
       - 3-
       MUNICIPAL CORPORATION OF GREATER MUMBAI
                        Chief Engineer (Sewerage Operations)
                           Bid Invitation No. : 7100103529
E-TENDER NOTICE
      i) To download the application form, for those applicants not having vendor
registration, need to apply first for vendor registration at the office of Account Officer
(FAR), 3rd floor, Municipal Headquarter.
                                           - 4-
      ii) Followed by SRM login ID and password to be obtained from Central
Purchase Department (CPD), Office at Byculla, Bakariadda, Mumbai
      The Municipal Commissioner reserves the right to reject all or any of the e-
tender(s) without assigning any reasons at any stage.
                                         - 5-
      The dates and time for submission and opening the bids are as shown in the
Header Data. If there are any changes in the dates the same will be
displayed on the MCGM Portal.(http://portal.mcgm.gov.in)
      The Applicants interested for the above referred works may contact the
Deputy Chief Engineer (Sewerage Operations) Planning & Construction at the
following address on any working day during office hours.
      Office of-
      Deputy Chief Engineer (Sewerage Operations) Planning & Construction,
      Administrative Building, Love Grove Complex,
      89, Dr. Annie Besant Road,
      Worli, Mumbai – 400 018.
      The applicants who wish to visit the site/s of rehabilitation may contact the
office of Dy.Ch.E.(S.O.) P&C at Love Grove Complex, Dr. Annie Besant Road,
Worli, Mumbai – 400 018. and can collect the information of the present status
from the department who have invited the bids.
      The MCGM reserves the rights to accept any of the application or reject
any or all the application received for above works, without assigning any
reasons thereof. The information regarding above subject matter is available on
Website of MCGM. (http://portal.mcgm.gov.in/tenders)
                                                       Sd/-
                                                  (N.R. Hariya)
                                             Deputy Chief Engineer
                              (Sewerage Operations) Planning & Construction i/c
                                        - 6-
                                HEADER DATA
 Tender Document No                  7100103529
 Name of Organization                Municipal Corporation of       Greater Mumbai
 Subject                             Rehabilitation of 600 mm dia. to 900 mm dia.
                                     sewer lines by Trenchless Technology.
 Cost of Tender                      Rs. 7000.00 + 5% GST.
 Estimated Cost                      Rs. 40,18,90,254/-
 Bid Security Deposit/ EMD           Rs. 40,19,000/-
                                                        Sd/-
                                                   (N.R. Hariya)
                                               Deputy Chief Engineer
                                (Sewerage Operations) Planning & Construction i/c
                                         - 7-
     SECTION 2
ELIGIBILITY CRITERIA
         - 8-
A)    Eligibility Criteria
                                          - 9-
1.3   Similar Experience : (Not Applicable)
      (ii)   The tenderer (s) or manufacturers in their own name should have
             satisfactorily completed the work of similar nature in MCGM /Semi
             Govt. /Govt. & Public Sector Organizations during last seven (7) years
             ending last day of month previous to the one in which bids are invited
             as a prime Contractor (or as a nominated sub-Contractor, where the
             subcontract had involved similar nature of work as described in the
             scope of works in this bid document, provided further that all other
             qualification criteria are satisfied)
             (a)        Three similar completed works each of value not less than the
                        value equal to Rs. 12.06 Crores.
                                                        Or
             (b)        Two similar completed works each of value not less than the
                        value equal to Rs. 16.08 Crores.
                                                        Or
                                           - 10-
             (c)    One similar completed work of value equal and or not less than
                    Rs. 24.11 Crores.
B) Bid Capacity:
Where,
                                         - 11-
     price level of the Financial year in which bids are received at a rate of
     10% per year) taking into account the completed as well as works in
     progress.
Even though the bidders meet the above qualifying criteria, they are subject
to be disqualified if they have:
-   Made misleading or false representation in the forms, statements and
    attachments submitted in proof of the qualification requirements; and/or
-   Record for poor performance such as abandoning the works, not
    properly completing the contract, inordinate delays in completion,
    litigation history, or financial failures etc.
                                      - 12-
SECTION 3
DISCLAIMER
    - 13-
                                  DISCLAIMER
                                          - 14-
damages, cost or expense which may arise from or be incurred or suffered on
account of anything contained in this e-tender or otherwise, including the accuracy,
adequacy, correctness, completeness or reliability of the e-tender and any
assessment, assumption, statement or information contained therein or deemed to
form part of this e-tender or arising in any way with pre-qualification of Applicants for
participation in the Bidding Process. The Municipal Corporation of Greater Mumbai
(MCGM) also accepts no liability of any nature whether resulting from negligence or
there wise howsoever caused arising from reliance of any Applicant upon the
statements contained in this e-tender.
The Municipal Corporation of Greater Mumbai (MCGM) may, in its absolute discretion
but without being under any obligation to do so, update, amend or supplement the
information, assessment or assumptions contained in this e-tender.
The issue of this e-tender does not imply that the Municipal Corporation of Greater
Mumbai (MCGM) is bound to select and short-list pre-qualified Applications for Bid
Stage or to appoint the selected Bidder or Concessionaire, as the case may be, for
the Project and the Municipal Corporation of Greater Mumbai (MCGM) reserves the
right to reject all or any of the Applications or Bids without assigning any reasons
whatsoever.
The Applicant shall bear all its costs associated with or relating to the preparation and
submission of its Application including but not limited to preparation, copying,
postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by The Municipal Corporation of Greater
Mumbai (MCGM) or any other costs incurred in connection with or relating to its
Application. All such costs and expenses will remain with the Applicant and the
Municipal Corporation of Greater Mumbai(MCGM) shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by an
Applicant in preparation or submission of the Application, regardless of the conduct or
outcome of the Bidding Process.
                                          - 15-
 SECTION 4
INTRODUCTION
     - 16-
                                INTRODUCTION
1. Background:
The Mumbai Metropolis has historic tradition of strong civic activism dedicated to the
cause of a better life for all its citizens. And it’s the Municipal Corporation of Greater
Mumbai (MCGM), hereafter called the “corporation”, the primary agency responsible
for urban governance in Greater Mumbai.
MCGM (The Authority) is one of the largest local self-governments in the Asian
Continent. In observance of historic traditions of strong civic activism, with the change
in time and living conditions to match with the urbanization, MCGM has mainly
focused in providing almost all kinds of engineering services viz, Hydraulics, storm
water drain, sewerage, water supply projects, roads, bridges, solid waste
management, and environmental services. Beside this, the MCGM is also providing
dedicated services in various segments such as Health, Primary Education as well as
the construction and maintenance of Public Markets and Slaughter Houses.
MCGM is primarily an organization, which in the interest of citizens and with the
speed of urbanization deals with the variety of the infrastructure services and
delivered to the public by different departments like Water Supply Projects,
Sewerage Projects, Hydraulics, Storm Water Drain/Roads and bridges and Building
Construction etc.
                                           - 17-
2. Scope of Work:
The present tender is invited for Rehabilitation of 600 mm dia. to 900 mm dia. sewer
line by a suitable, proven trenchless technology meeting the deliverables mentioned
under the scope of work.
The existing sewer pipes proposed for rehabilitation are of vitrified clay/concrete. The
commonly found defects in these sewers include broken/cracked pipes, fractures,
displaced/ broken joints, deformation, infiltration, root intrusion, accumulation of silt,
debris, grease, calcium based deposits, etc.
 Sr.                                                No. Of
                     Description                                     Length in m
 No.                                               Stretches
Total: 17 10000
The approximate depth of sewer lines ranges between 4 m to 8.1 m. List of sewer
lines is given under the scope of work. The sewer lines are under busy roads with
heavy traffic load and congestion. The Mumbai, being coastal city, water table is high
and soil strata is rocky at many places. The bidders shall consider these facts while
offering a suitable proven technology to carry out the work within a contract period of
16 months exclusive of monsoon, observing highest standard of safety while working
in the hazardous sewer atmosphere.
                                           - 18-
    SECTION 5
E-TENDERING ONLINE
SUBMISSION PROCESS
        - 19-
              E-TENDERING ONLINE SUBMISSION PROCESS
      NOTE: This tendering process is covered under Information Technology ACT &
      Cyber Laws as applicable
      (1) In e-tendering process some of the terms and its definitions are to be read as
      under wherever it reflects in online tendering process.
         b. Submit his details such as (name, vendor code, address, registered Email ID,
            pan card etc.) to Vendor transfer cell.
                                                 - 20-
       c. MCGM authority for Vendor Transfer, transfers the Vendor to SRM application
          from R3 system to SRM system.
d. Transferred Vendor receives User ID creation link on his supplied mail Id.
III.   Online Self Registration (Temporary registration for applicant not registered with
       MCGM)
       c. Accepted Vendor receives User ID creation email with Link on his supplied mail
          Id.
IV. CONTRACTORS BIDDING: Applicant will Quote and Upload Tender Documents
  4.   To download tender documents contractors will have to pay online Tender fee.
       The same can be done by accessing Pay Tender Fees option. By this one will be
       able to pay Tender fee through Payment Gateway-If transaction successful,
       Contractors can register his interest to participate. Without Registration one
       cannot quote for the Bid/Tender.
                                             - 21-
 7.     All the documents uploaded have to be digitally signed and saved. Contractors
        can procure there digital signature from any certified CA’s in India.
 9.     For commercial details (in Packet C) contractors will fill data in Item Data tab in
        Service Line Item via details and quotes his “Percentage Variation” (i.e.% quoted)
        figure.(If entered ‘0’ it will be treated as at par. By default the value is zero only.
10. Applicants to check the bid, digitally signs & save and submit his Bid Invitation.
12. Please note that “Hold” action do not submit the Bid.
14. Bid creator (MCGM) starts Bid Opening for Packet A after reaching End Date and
    Time and Bid Evaluation process starts.
V.      Instructions for quoting Tax rates & Amount in Special Annexure-I (Refer
        Annexure- M)
 i)     While creating structure of three packet e-tenders, Bid creator shall create
        following subfolders in Bidder's folder.
         1)    PACKET A
         2)    PACKET B
         3)    C
 ii)    While creating structure of two packet e-tenders, Bid creator shall create following
        subfolders in Bidder's folder.
         1)    PACKET A/B
         2)    C
 iii)   Bid creator shall note that it is mandatory to create folder C. Only one folder with
        name C shall be created and no text other than C shall be used to create folder C
 iv)    Bidder shall upload “Special Annexure-I” as directed in Annexure 'M', in PDF
        format in the folder C only. Bidder shall not upload “Special Annexure-I" in
        PACKET A or PACKET               B folder. If the bidder does not upload “Special
                                                - 22-
     Annexure-I" as directed in folder C or uploads "Special Annexure-I" in PACKET A
     or PACKET B folder, Such bidder shall be treated as Non-responsive.
As per Three Packet system, the document for Packet A& B are to be uploaded by
the tenderer in 'Vendor's document' online in Packet A & B. Before purchasing/
downloading the tender copy, tenderer may refer to post- Qualification criteria
mentioned in e-Tender Notice.
The tenderer shall pay the EMD/Bid Security through payment gateways before
submission of Bid and shall upload the screenshot of receipt of payment in Packet ‘A’
instead of paying the EMD at any of the CFC centers in MCGM Ward Offices.
time for submission and opening the tenders are as shown in the Header Data. If
there are any changes in the dates the same will be displayed on the MCGM Portal
(http://portal.mcgm.gov.in).
                                           - 23-
        SECTION 6
INSTRUCTIONS TO APPLICANTS
            - 24-
                    INSTRUCTIONS TO APPLICANTS
 Scope of Application
 Eligibility of Applicants
A) Eligibility Criteria
                                         - 25 -
      scope of works in this bid document, provided further that all other qualification
      criteria are satisfied)
      a)     Three similar completed works or currently executing three works of
             similar nature each costing 20% of estimated cost.*
                                              OR
      b)     Two similar completed works or currently executing two works of similar
             nature each costing 25 % of estimated cost.*
                                              OR
      c)     One completed work or currently executing one work of similar nature of
             aggregate 40% of estimated cost.*
      The value of executed works shall be brought to current costing level by
      enhancing the actual value of work at compound rate of 10 % per annum;
      calculated from the date of completion to last date of receipt of applications for
      tenders.
                                         - 26 -
2.1   Technical Capacity (Project Experience) :
      (i)    The bidder shall be the manufacturer of structural liner or an authorised
             representative of the manufacturer.
             If the bidder is authorised representative of the manufacturer of
             Structural Liner he shall submit the letter of authorisation from the
             manufacturer as per Proforma given in tender document (Annexure–G)
             and also shall submit the Memorandum of Understanding (MOU)
             between the manufacturer and the authorised representative as per
             format given in Proforma – VIII.
                                              AND
      (ii)   The tenderer (s) or manufacturers in their own name should have
             satisfactorily completed the work of similar nature in MCGM /Semi
             Govt. /Govt. & Public Sector Organizations during last seven (7) years
             ending last day of month previous to the one in which bids are invited
             as a prime Contractor (or as a nominated sub-Contractor, where the
             subcontract had involved similar nature of work as described in the
             scope of works in this bid document, provided further that all other
             qualification criteria are satisfied)
             (a)    Three similar completed works each of value not less than the
                    value equal to Rs. 12.06 Crores.
                                                     Or
             (b)    Two similar completed works each of value not less than the
                    value equal to Rs. 16.08 Crores.
                                                     Or
             (c)    One similar completed work of value equal and or not less than
                    Rs. 24.11 Crores.
                                          - 27 -
2.2    Financial Capacity
C) Bid Capacity:
The bid capacity of the prospective bidders will be calculated asunder: Assessed
Available Bid Capacity = (A* N* 2 - B), Where,
A = Maximum value of Civil Engineering works executed in any one year (year
      means Financial year) during the last five years (updated to the price level of
      the Financial year in which bids are received at a rate of 10% per year) taking
      into account the completed as well as works in progress.
                                         - 28 -
Note: The statement showing the value of existing commitments and on-going works as
well as the stipulated period of completion remaining for each of the works listed should be
attached along with certificates duly signed by the Engineer-in Charge, not below the rank of
an Executive Engineer or equivalent.
Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
Note:
        1. Bidders shall submit the undertaking for equipment capability and other
             undertakings as such on a single Rs.500/- stamp paper.
                                              - 29 -
E)       Technical Personnel
Notes-
         1. Cost of work, in table above. Shall mean the agreement amount of work.
         2. Rate of recovery in case of non-compliance of the clause be stipulated at
                 following rates.
 Sr.                                                                                Rate of
                          Qualification                  Experience (years)
 No.                                                                               Recovery
     1   Project Manager with degree                            20              Rs.60000/-p.m.
     2   Deputy Project Manager with degree                     12              Rs.40000/-p.m.
     3   Project/Site Engineer(Degree/Diploma)                5 or 10          Rs. 25000/- p.m.
     4   Quality Graduate Engineer                               8             Rs. 25000/- p.m.
     5   Surveyor                                                8              Rs. 15000/- p.m.
     6   Project Planning/Billing Engineer                       6              Rs. 20000/- p.m.
         Entire project should be completed and delivered within 16 Months of time from the
         date of award of contract that excludes Monsoon.
                                                - 30 -
     The time allowed for carrying out the work as entered in the Tender shall be
     strictly observed by the Contractor and shall be reckoned from the date on which the
     Letter of Acceptance is given to the Contractor. The work shall throughout the
     stipulated period of the Contract be proceeded with all due diligence as time being
     deemed to be the essence of the contract on the part of the Contractor. On failing to
     do so, the Contractor shall pay as compensation an amount which shall be governed
     as per Clause - 8(e) of Standard General Conditions of Contract.
     The Contractor should complete the work as per phase given below:
G) Contract Execution
     All required documents for execution of the contract shall be submitted within
     30 days from the date of issue of letter of acceptance. If the documents are not
     submitted within the stipulated time, a penalty of Rs 5000/- per day will be
     applicable to the contractor. All contract documents need to be duly affixed with
     stamp duty properly signed along with evidence/proof of payment of
     security/contract deposit/ within 30 days from the date of letter of acceptance
     received by him
H)   If the amount of the Contract Deposit to be paid above is not paid within 30 days
     from the date of issue of Letter of Acceptance, the Tender / Contract already
     accepted shall be considered as cancelled and legal steps be taken against the
     contractor for recovery of the amounts.
I)   The amount of Security Deposit retained by the MCGM shall be released after
     expiry of period up to which the contractor has agreed to maintain the work in
     good order is over. In the event of the contractor failing or neglecting to
                                         - 31 -
     complete the rectification work within the period up to which the contractor has
     agreed to maintain the work in good order, the amount of security deposit
     retained by MCGM shall be adjusted towards the excess cost incurred by the
     Department on rectification work.
     In any case in which under any Clause of this contract, the contractor shall have
     rendered himself liable to pay compensation amounting to the whole of this
     security deposit whether paid in one sum or deducted by instalments or in the
     case of abandonment of the work owning to serious illness or death of the
     contractor or any other cause, the Engineer on behalf of the Municipal
     Commissioner shall have power to adopt any of the following process, as he
     may deem best suited to the interest of MCGM -
                                         - 32 -
      establishment and the cost of the work executed by the new contract
      agency will be debited to the contractor and the value of the work done
      or executed through the new contractor shall be credited to the
      contractor in all respects and in the same manner and at the same rates
      as if it had been carried out by the contractor under the terms of his
      contract. The certificate of the Executive Engineer as to all the cost of the
      work and other expenses incurred as aforesaid for or in getting the
      un-executed work done by the new contractor and as to the value of the
      work so done shall be final and conclusive against the contractor.
In case the contract shall be rescinded under Clause (a) above, the contractor
shall not be entitled to recover or be paid any sum for any work therefore
actually performed by him under this contract unless and until the Executive
Engineer shall have certified in writing the performance of such work and the
amount payable to him in respect thereof and he shall only be entitled to be
paid the amount so certified. In the event of either of the courses referred to
in Clause (b) or (c) being adopted and the cost of the work executed
departmentally or through a new contractor and other allied expenses
exceeding the value of such work credited to the contractors amount of excess
shall be deducted from any money due to the contractor, by MCGM under the
contract or otherwise, howsoever, or from his security deposit or the sale
proceeds thereof provided, however, the contractor shall have no claim
against MCGM even if the certified value of the work done departmentally or
through a new contractor exceeds the certified cost of such work and allied
expenses, provided always that whichever of the three courses mentioned in
clauses (a), (b) or (c) is adopted by the Executive Engineer, the contractor
shall have no claim to compensation for any loss sustained by him by reason
of his having purchase or procured any materials or entered in to any
engagements or made any advance on account of or with a view to the
execution of the work or the performance of the contract.
                                   - 33 -
K)     Contract may be rescinded and security deposit forfeited for bribing a
       public officer or if contractor becomes insolvent
 Submission of Tenders
PACKET - A
       The Packet ‘A’ shall contain scanned certified copies of the following
       documents. Scrutiny of this packet will be done strictly with reference to only the
       scanned copies of Documents uploaded online in packet ‘A’
                                          - 34 -
        they shall submit Sales Tax Registration Certificate in Maharashtra
        within 15 days of issue of work order, failing which payment for the work
        executed will not be released.
NOTE:
    If the tenderer(s) withdraw tender offer during the tender validity period, his
     entire E.M.D shall be forfeited.
PACKET - B
The Packet ‘B’ shall contain scanned certified copies of the following
documents -
a)      The list of similar type of works as stated in para ‘A’ of Post qualification
        successfully completed during the last seven years in prescribed
        proforma, in the role of prime contractor. Information furnished in the
        prescribed Proforma (Proforma - I) shall be supported by the certificate
                                     - 35 -
     duly self-attested. Documents stating that it has successfully completed
     during the last seven years number of contracts of similar works as
     stated in para ‘A’ of Post qualification.
     The bidder should, undertake their own studies and furnish with their bid,
     a detailed construction planning and methodology sup-ported with
     assessment study of requirements of equipment/plants & machineries
                                  - 36 -
        to allow the employer to review their proposal. The bidder shall ensure
        his commitment to make the arrangements of the required equipment on
        the day of commencement or with respect to the progress of the work in
        phases, as per the instructions of site in charge on an undertaking on
        Rs.500 stamp paper to be sub-mitted along with the Bid in Packet B.
        However, this condition in no way shall dilute the respective condition in
        Registration Rules of MCGM.
e)      Details of works in hand (Proforma VI-A & VI-B) (original), along with
        copies of work orders & attested copies of percentage of works
        completed or part thereof.
        Note: Bidders shall submit the undertaking for equipment capability and
        other undertakings as such on a single Rs.500/- stamp paper.
h) The tenderers shall upload work plan as per the following outline:
        5.   A note on how the whole work will be carried out (work plan
             including methodology).
Note:
i)   The Electrical / Mechanical work shall be got carried out by the civil
     contractors through the contractors registered with MCGM in Electrical
     Category. Information about the registered contractors shall be
     obtained from the office of the Ch.E. (M&E)/ E.E. (Monitoring
     &Registration Cell). Attested scanned copy of the valid registration
     certificate in Electrical Category shall be uploaded with the tender
     along with the undertaking from the registered Electrical Contractor
     stating his willingness to carry out the tender work.
                                   - 37 -
 ii)        The successful bidder shall submit valid registration certificate under
            E.S.I.C., Act 1948, if the tenderer has more than 10 employees /persons
            on his establishment (in case of production by use of energy) and 20
            employees/persons on his establishment (in case of production without
            use of energy) to MCGM as and when demanded. In case of less
            employees/persons mentioned above then the successful bidder has to
            submit an undertaking to that effect on Rs. 200 stamp paper asper
            circular u/no. CA/FRD/I/65 of 30.03.2013.
 iii)       The successful bidder shall submit valid registration certificate under
            E.P.F. & M.P., Act 1952, if tenderer has more than 20
            employees/persons on his establishment, to MCGM as and when
            demanded. In case if the successful bidder has less employees/persons
            mentioned above then the successful bidder has to submit an
            undertaking to that effect on Rs. 200 stamp paper as per circular u/no.
            CA/FRD/I/44 of 04.01.2013.
Note:
‘C’ FOLDER
Instructions for quoting Tax rates & Amount in Special Annexure-I (Refer
Annexure-M)
     i)     While creating structure of three packet e-tenders, Bid creator shall create
            following subfolders in Bidder's folder.
                1)   PACKET A
                2)   PACKET B
                3)   C
     ii)    While creating structure of two packet e-tenders, Bid creator shall create
            following subfolders in Bidder's folder.
                1)   PACKET A/B
                2)   C
     iii)   Bid creator shall note that it is mandatory to create folder C. Only one
            folder with name C shall be created and no text other than C shall be used
            to create folder C
  iv)       Bidder shall upload “Special Annexure-I” as directed in Annexure 'M', in
            PDF format in the folder C only. Bidder shall not upload “Special
            Annexure-I" in PACKET A or PACKET B folder. If the bidder does not
            upload “Special Annexure-I" as directed in folder C or uploads "Special
                                         - 38 -
       Annexure-I" in PACKET A or PACKET B folder, Such bidder shall be
       treated as Non-responsive.
 v)    The folder C can be visible/opened only after opening of commercial
       Packet (Packet C). Commercial Packet (Packet C) shall be opened as per
       usual practice in the presence of Account Officer. Immediately after
       opening of commercial packet (Packet C), folder C of all the bidders shall
       be opened and hard copy of documents / 'Special Annexure - I' uploaded
       by bidder shall be taken and be signed by department's concerned
       Officers and Accounts Officer in presence of whom the bid is opened and
       be kept in sanction file for future reference.
.PACKET - C
Percentage shall be filled online, either plus or minus (above or below) or at par.
(There is no separate provision to quote % in physical form, this is a part in
Header Data of online Tendering). For Packet ‘C’ tenderer(s) will fill data in
‘Item Data Tab’ in Service Line Item via Details and quote his percentage
variation figures. (If entered ‘0’ it will be treated as ‘at par’. By default the
value is zero only).
Note: In case of rebate/premium of 15% and above as quoted by the
tenderer, the rate analysis of major items shall be submitted by L1 and L2
bidder after demand notification by e-mail to bidders by concerned
Dy.Ch.Eng. The format for rate analysis is annexed at Annexure D.
     The Bidder shall furnish, as part of the Bid, Bid Security/EMD, in the amount
      specified in the Bid Data Sheet. This bid security shall be in favour of the
      authority mentioned in the Bid Data Sheet and shall be valid till the validity
      of the bid.
     The tenderers shall pay the EMD online instead paying the EMD at any of
      the CFC centres in MCGM Ward Offices.
     Any bid not accompanied by an acceptable Bid Security and not secured
      as indicated in sub-clause mentioned above, shall be rejected by the
      Employer as non-responsive.
     The Bid Security of the successful Bidder will be discharged when the
      Bidder has signed the Agreement and furnished the required Security
      Deposits.
                                     - 39 -
     The Bid Security/ EMD of L-3 and higher bidder shall be refunded
      immediately after opening of financial bid but, the EMD/ASD submitted by
      the L-2 bidder will be returned after obtaining Standing Committee
      Resolution.
      a) if the Bidder withdraws the Bid after bid opening (opening of technical
         qualification part of the bid during the period of Bid validity;
      b) in the case of a successful Bidder, if the Bidder fails within the specified
         time limit to:
1.        The cases wherein if the shortfalls are not complied by a contractor, will
          be informed to Registration and Monitoring Cell. Such non-submission
          of documents will be considered as ‘Intentional Avoidance’ and if three
          or more cases in 12 months are reported, shall be viewed seriously and
          disciplinary    action    against      the    defaulters      such     as
          banning/de-registration, etc. shall be taken by the registration cell with
          due approval of the concerned AMC.
                                      - 40 -
                                 BID VALIDITY
   Bids shall remain valid for a period of not less than one eighty (180)
    days after the deadline date for bid submission specified in Bid Data
    Sheet. A bid valid for a shorter period shall be rejected by the Employer
    as non-responsive.
                                       - 41 -
    fire systems etc. The defects could be various on accounts of different reasons
    for variety of the projects.
   Also, in case of defect, the Engineer shall give notice to the Contractor of any
    Defects before the end of the Defects Liability Period, which begins at. The
    Defects Liability Period shall be extended for as long as Defects remain to be
    corrected. Every time notice of Defect/Defects is given, the Contractor shall
    correct the notified Defect/Defects within the duration of time specified by the
    Engineer’s notice. The Engineer may issue notice to the Contractor to carry
    out removal of defects or deficiencies, if any, noticed in his inspection, or
    brought to his notice. The Contractor shall remove the defects and
                                      - 42 -
      deficiencies within the period specified in the notice and submit to the Engineer
      a compliance report.
     It is the Completion Stage when the contractor has completed all of the works
      and fixed all of the defects that were on the list of issue by Engineer-in-
      charge. When this happens, the engineer must issue a ‘Certificate of
      Completion’. On the issue of ‘Certificate of Completion’, the ‘Defect Liability
      Period ‘starts. The contractor also must issue a ‘Certificate statement’ as an
      acknowledgment to the engineer not later than 14 days after the ‘Certificate of
      Completion’ has been issued. During the ‘Defect Liability Period’, the
      contractor has to obey all written instructions from the engineer to carryout
      repairs and fix any defects which appear in the Permanent Works. If the
      contractor does not ,due to his own faults finish the repair works or fix the
      defects by the end of ‘Defect Liability Period’, the ‘Defect Liability Period’ will
      continue until all works instructed by engineer is done.
A. Security Deposit
II)   Retention Money - The contractor shall pay the retention money an amount
      equal to five (5) percent of the Contract Sum which will be recovered from the
      contractors every bill i.e. interim / running / final bill. The clause of retention
      money will not be applicable M. & E. Department.
      The additional security deposit will be applicable when a rebate of more than of
      12 % at the rate of with no maximum limit. The ASD is calculated as follows:
                                         - 43 -
     Additional security deposit = (X/100) x office estimated cost,
     Where X=percentage rebate quoted above 12%
     The ASD shall be paid online in the ASD tab for bidders in e-tendering system
     before submission of the bid.
C.   Performance Guarantee
     The successful tenderer, hereafter referred to as the contractor shall pay in
     the form of “Performance Guarantee” at different rates for different slabs as
     stated below:
                     Offer                              PG applicable %
          For premium, at par and    PG= 0.92% x contract sum applicable for rebate
          rebate 0 to 12%            of 12%
          For rebate of 12.01%      P.G. = {0.92% x contract sum
          and more                  applicable for rebate of 12%} +(X) x contract sum
                                    where, X= percentage rebate quoted more than
                                    12%
     This deposit will be allowed in the form of I to V as mentioned above and shall
     be paid within 15 days after receipt of Letter of Acceptance.
                                           - 44 -
      Note: Following exceptions shall be adopted for ‘Demolition Tenders’:
      The Contract Deposit shall be released within 30 days after completion of 3rd
      year of DLP (in case of 5 years DLP) and after issue of ‘Defect Liability
      Certificate’ (in case of 1 or 2 or 3 years DLP) subject to no recoveries are
      pending against the said work, provided that the Engineer is satisfied that
      there is no demand outstanding against the Contractor. No claim shall be
      made against the Balance Contract Deposit after the issue of Defects
      Liability Certificate.
                                        - 45 -
       Permanent Works, the said moneys will be released within 30 days on
       expiration of the latest of such Defects Liability Periods.
                                            - 46 -
*Note:
                                         - 47 -
E.   Legal + Stationary Charges: (As per applicable circular)
     Successful tenderer shall pay the Legal Charges + Stationary charges as per
     Circular no. CA/FRG/26 dtd 23.12.2015
                                                                    Legal + Stationery
                              Contract Value
                                                                        Charges
          Rs.        3,00,000/-        To Rs.                               Nil
          Rs.        3,00,001/-        To Rs.       20,00,000/-          Rs. 750/-
          Rs.       20,00,001/-        To Rs.       1,00,00,000/-       Rs. 2,940/-
          Rs.       1,00,00,001/-      To Rs.       Any amount          Rs. 7,330/-
                                                                        (Maximum)
     The tenderers are requested to note that stationary charges as given in the
     table above will be recovered from the successful tenderer for supply of
     requisite prescribed forms for preparing certificate bills in respect of the work.
                                           - 48 -
     ii.    The successful bidder shall enter into a contract agreement with
            M.C.G.M. within 30 days from the date of issue of Work Order and the
            same should be adjudicated for payment of Stamp Duty by the
            successful bidder.
     iv.    All legal charges and incidental expenses in this respect shall be borne
            and paid by the successful tenderer.
IMPORTANT DIRECTIONS
     The information shall be uploaded in the sequence as asked for with proper
     indexing etc. The Bidder shall be fully responsible for the correctness of the
     information uploaded by him.
     Any queries or request for additional information concerning this TENDER shall
     be submitted by e-mail to eepncme.so@mcgm.gov.inThe subject shall clearly
     bear the following identification/ title: "Queries/ Request for Additional
                                       - 49 -
     Information:   TENDER for (Tender Subject) Any changes in mail ID will be
     intimated on the portal.
4.   Chapter XXI –Miscellaneous, section 171(1) of GST Act, 2017 governs the ‘Anti
     Profiteering Measure’ (APM)
     As per the provision of this section, ‘Any reduction in rate of tax on any supply
     of goods or services or the benefit of input tax credit shall be passed on to the
     recipient by way of commensurate reduction in prices’.
Further, all the provisions of GST Act will be applicable to the tender.
                                        - 50 -
  SECTION 7
SCOPE OF WORK
     - 51 -
                                     SCOPE OF WORK
1. Introduction:
The following 17 sewer line stretches having total length of 10000 meters are
included in the scope of the work of rehabilitation by trenchless technology.
However, due to infrastructure works undertaken/to be undertaken by various
authorities like Metro-3, Redevelopment of B.D.D. chawl, replacement/
augmentation of sewer lines by SP/MSDP departments of M.C.G.M., few sewer
lines (to the tune of 25%) may be deleted from the scope of the work and the
quantities in B.O.Q. may thereby be reduced accordingly, without any obligation
on M.C.G.M. to replace reduced quantities by alternate sewer stretches.
           Macchimar Nagar
     1.    (From Gen. Jagganathrao Bhosale Marg         A        600          350.00         6.30     A
           to Cpt. Prakash Pethe Marg)
                                              - 52 -
             Dr. Babasaheb Ambedkar Road
       3.    (From Jn. Jagannath Bhatankar Marg to             F/S   600     500.00   4.50   A
             Jn. Dadasaheb Phalake Road)
Total: 10000.00
The work of rehabilitation shall generally cover the following activities to be carried out
in sequence one after other. However, the bidders shall submit their own methodology
in detail including sequence of operations to be carried out as per the technology
offered by them.
i)     Preparatory works
ii)    Isolation / plugging of sewer line
iii)   Taking trenches for diversion of sewage flow
iv)    Diversion of Sewage flow by pumping arrangement
                                                      - 53 -
v)      De-silting and transportation of silt to dumping ground.
vi) After de-silting CCTV survey
vii) Dimension Checking
viii) Taking pits for accessing sewer lines.
ix)     Design, Manufacture, Supply & Deliver at site structural liner
x)      Installation of structural liner
xi)     Diverting body connection to the nearest manhole
xii)    Manhole Repairs
xiii)   Construction of manholes
xiv)    After rehabilitation CCTV survey and commissioning of line
4.       Deliverables:
Technology offered by the bidder shall meet the following deliverables, failing which
the offer shall be treated as non-responsive and the corresponding price packet will
not be opened.
Sr.
         Deliverables                                  Acceptance criteria
No.
 1 Rehabilitation Technology            Shall be trenchless with minimum pits to be taken
                                        on roads and shall not be intensively dependant
                                        on soil investigation / geological survey of soil and
                                        shall be able to deliver output under Mumbai soil
                                        condition.
 2      Liner offered                   Shall be Structural, Standalone Type II liner to
                                        withstand combined ground water (hydrostatic)
                                        load, soil load and traffic load in its own right
                                        without requiring any structural contribution from
                                        parent sewer and shall have ability to resist
                                        corrosion in the sewer atmosphere.
 3      Minimum required life of        Minimum 30 years.
        installed liners.
 4      Reduction in cross              Not more than 15%
        sectional area after
        rehabilitation
 5      Increase in Hydraulic           At least 15%
        Capacity after
        Rehabilitation
 6      Relative weight loss of liner   Shall not be more than 10
        material with reference to
        data given in WRc manual.
 7      Factor of safety                Shall be 2 for design against pipe stiffness and
                                        shall be 2.5 for design check against buckling.
                                             - 54 -
    SECTION 8
BILL OF QUANTITIES
        - 55 -
                         BILL OF QUANTITIES AND RATES
Item                                                                   Rate
                Description of item                  Unit    Qty.               Amount (Rs.)
 No.                                                                   (Rs.)
 1.    Preparatory works including making             m     10000.00   156.00     1560000.00
       arrangement of necessary safety
       equipments /personnel protective gears,
       tools, tackles, implements, taking out
       insurance policies, conducting
       preliminary survey of work site and
       identifying and locating manholes on the
       sewerline to be rehabilitated, making
       sketches, preparing autocad based
       drawings of sewer line showing thereon
       manholes, adjacent sewer/storm water
       network, arrangement of diversion of
       sewage flow, making locations for taking
       trenches and pits, etc., and preparation
       and submission of methodology ,
       sewage flow diversion plans, etc. for
       approval of the Engineer and obtaining
       permissions from various authorities like
       ward offices, traffic police department,
       etc. as per specifications and as
       directed.
                                            - 56 -
2.   Plugging and isolation of sewerline and        m   10000.00   576.00   5760000.00
     all other intermediate branch sewer
     connections using Pneumatic plugs of
     suitable size including fitting plugs into
     the sewerline, inflating with air pressure,
     maintaining air pressure during work
     period and removing the plug after
     completion of rehabilitation work, etc. all
     with safety precautions and in
     environment friendly manner as per
     specifications and as directed.
                                           - 57 -
      environment friendly manner as per
      specifications and as directed.
      For circular sewer of size 750 mm
              (3 stretches)
7.    Diversion of flows by pumping and/or          m      350.00    597.00    208950.00
      bypassing and to maintain the upstream
      sewerage system functioning normal
      without any surcharge, etc. during the
      work all with safety precautions and in
      environment friendly manner as per
      specifications and as directed.
      For circular sewer of size 800 mm
              (1 stretch)
8.    Diversion of flows by pumping and/or          m      500.00    597.00    298500.00
      bypassing and to maintain the upstream
      sewerage system functioning normal
      without any surcharge, etc. during the
      work all with safety precautions and in
      environment friendly manner as per
      specifications and as directed.
      For circular sewer of size 900 mm
              (2 stretches)
9.    Loosen, desilt and thoroughly clean           MT    1399.00   2270.00   3175730.00
      invert-lying debris and remove larger
      debris and objects such as bricks, etc,
      bacteriological slimes, roots, soft
      encrustations , grease, carbonated
      deposits, etc from the sewer line and
      manholes of any size, shape and up to
      any depth using any machine,
      manpower, stacking the desilted
      material at site, sprinkling with
      approved disinfectant on the stacked silt
      to avoid nuisance of pests including
      mosquitoes, flies and bad odour and
      transporting the desilted material via
      weight bridges to the identified dumping
      site including, loading, unloading,
      levelling and rolling the same, etc.
      complete all with safety precautions and
      in environment friendly manner as per
      specifications and as directed.
10.   After desilting Colour CCTV Survey            m    10000.00    319.00   3190000.00
      using CCTV equipment having pan, tilt
      and zoom facility including inspection of
      laterals and defects and provision of
      DVDs / Reports, etc. all with safety
      precautions and in environment friendly
      manner as per specifications and as
      directed.
                                           - 58 -
11.   Dimensional check using Laser                  m     10000.00      15.00     150000.00
      equipment and custom made templates
      of various sizes through the sewer
      stretch in order to decide the clear and
      best fit internal diameter of the parent
      sewer due to undulations,
      displacements at joints, ovality, etc. as
      required for design of GRP liner. all with
      safety precautions and in environment
      friendly manner as per specifications
      and as directed.
12.   Excavation of required size pits to            No.       6.00   31609.00     189654.00
      access sewerline including shoring,
      levelling, dewatering, barricading and
      removing, stacking excavated material
      at site and transporting excavated
      material to the designated dumping
      spots including handling and supporting
      utilities /drains /cables/water mains, etc,
      payment of any royalty, tax, etc. to any
      authority and backfilling the
      pits/shafts/trenches after completion of
      rehabilitation work including making
      good of the damaged manholes /
      sewerlines /other utilities and
      reinstatement of road surface as per
      guidelines/standards /norms of roads
      department of M.C.G.M. complete all
      with safety precautions as per
      specification and as directed.
                                            - 59 -
16.   Design, manufacture, supply, deliver at      m     350.00   21252.00     7438200.00
      site structural lining system all with
      safety precautions and in environment
      friendly manner as per specifications
      and as directed.
      For circular sewer of size 800 mm
              (1 stretch)
                                          - 60 -
20   Install structural lining system and         m   2000.00   20608.00   41216000.00
     making good of end portions of
     rehabilitated sewer & lateral
     connections, etc. and Design, supply
     and fill the annular space between the
     sewer walls and the liners with portland
     cement based grout or similar approved
     material to provide structural action
     consistent with the assumptions made
     for the structural design and making
     good of rehabilitated sewer, sealing of
     the migration gap between the liner and
     the parent sewer at manholes all with
     safety precautions and in environment
     friendly manner as per specifications
     and as directed.
     For circular sewer of size 750 mm
              (3 stretches)
21   Install structural lining system and         m    350.00   23184.00    8114400.00
     making good of end portions of
     rehabilitated sewer & lateral
     connections, etc. and Design, supply
     and fill the annular space between the
     sewer walls and the liners with portland
     cement based grout or similar approved
     material to provide structural action
     consistent with the assumptions made
     for the structural design and making
     good of rehabilitated sewer, sealing of
     the migration gap between the liner and
     the parent sewer at manholes all with
     safety precautions and in environment
     friendly manner as per specifications
     and as directed.
     For circular sewer of size 800 mm
              (1 stretch)
22   Install structural lining system and         m    500.00   25760.00   12880000.00
     making good of end portions of
     rehabilitated sewer & lateral
     connections, etc. and Design, supply
     and fill the annular space between the
     sewer walls and the liners with portland
     cement based grout or similar approved
     material to provide structural action
     consistent with the assumptions made
     for the structural design and making
     good of rehabilitated sewer, sealing of
     the migration gap between the liner and
     the parent sewer at manholes all with
     safety precautions and in environment
     friendly manner as per specifications
     and as directed.
     For circular sewer of size 900 mm
              (2 stretches)
                                         - 61 -
23   Picking up body connection and                m       300.00    7326.00     2197800.00
     diverting it to the nearest manhole using
     150 mm dia. Vitrified Clay Pipe
     including breaking into and making good
     the walls, floors of manhole with cement
     concrete 1:2:4 mix (1 cement : 2 coarse
     sand : 4 graded stone aggregate 20 mm
     nominal size) cement plastered on both
     sides and complete reinstatement of the
     road surface, footpath, pavement , etc.
     all with safety precautions and in
     environment friendly manner and as per
     the road reinstatement guidelines and
     as directed by the Engineer.
24   Manhole Repairs including plastering,         No.     500.00   25263.00    12631500.00
     grouting and sealing of leaks and
     haunch repair, etc. including
     replacement of broken frames and
     cover, raising of buried manholes upto
     ground level, updation of data at SUMC,
     etc. all with safety precautions and in
     environment friendly manner as per
     specifications and as directed.
25   Construction of sewer brick masonry           No.       6.00 148365.00       890190.00
     conical manholes up to the invert level of
     sewer as per standard specifications
     and design of conical shape manholes
     followed by M.C.G.M. in construction of
     manholes, including use of sulphate
     resistant cement for plastering surface
     exposed to sewage atmosphere,
     complete with safety precautions as per
     specification and as directed.
26   After rehabilitation Colour CCTV Survey       m     10000.00     319.00     3190000.00
     using CCTV equipment having pan, tilt
     and zoom facility including inspection of
     laterals and defects and provision of
     DVDs / Reports, etc. all with safety
     precautions and in environment friendly
     manner as per specifications and as
     directed.
Total : 401890254.00
                                          - 62 -
                         SECTION 9
          GENERAL CONDITIONS OF
               CONTRACT
                                  - 63 -
                      General Conditions of Contract
                                        - 64 -
     thereto or deduction there-from as may be made under the provisions
     hereinafter contained.
                                   - 65 -
     acts of god, such as earthquake, lightning and unprecedented floods and
     other causes over which the Contractor has no control and accepted as
     such by the Commissioner or causes solely due to use or occupation by
     the Municipal Corporation of the works in respect of which a certificate of
     completion has been issued or a cause solely due to faulty municipal
     design of work.
D.   Corporation: The “Corporation” or the “Municipal Corporation” shall
     mean the Municipal Corporation of Greater Mumbai, constituted under the
     M.M.C. Act 1888 as amended up to date.
E.   Annexure: The “Annexure” referred to in these conditions shall means the
     relevant annexure appended to the tender papers issued by the Municipal
     Corporation.
F.   Site: The “Site” shall mean the land and other places including water
     bodies more specifically mentioned in the special conditions of the tender,
     on, under in or through which the permanent works or temporary works
     are to be executed and any other lands and places provided by the
     Municipal Corporation for working space or any other purpose as may be
     specifically designated in the contract as forming part of the site.
G.   Urgent Works: “Urgent works” shall mean any urgent measures which in
     the opinion of the Engineer become necessary during the progress of the
     work to obviate any risk of accident or failure or which become necessary
     for security.
H.   Works: The “Works” shall mean the Permanent Works and the
     Temporary Works or either of them as appropriate to be executed in
     accordance with the contract or part(s) thereof, as the case may be and
     shall include all extra or additional, altered or substituted works as
     required for performance of the contract as found necessary as per
     suggestion of the Engineer.
I.   Temporary Works: “Temporary Works” shall mean all Temporary Works
     of every kind required in or about execution, completion or maintenance of
     the work also Temporary Works are works designed, constructed,
     installed, and removed by the Contractor that are needed for construction
     or installation of the Works.
J.   Permanent Works : “Permanent Works” means the permanent works to
                                     - 66 -
     be executed (Including Plant) and installation of machineries in
     accordance with the Contract at specified required site and location.
K.   Contractor’s Equipment: Contractor’s Equipment means all appliances
     and things of whatsoever nature required for the execution and
     completions of the Works and the remedying of any defects therein, but
     does not include plant material or other things intended to form or forming
     part of the Permanent Works.
L.   Drawings: Drawings means all the drawings, calculations and technical
     information of a like nature provided by the Engineer to the Contractor
     under the Contract and all drawings, calculations, samples, patterns,
     models, operation & maintenance manual and other technical information
     of like nature submitted by the Contractor and approved by the Engineer.
M.   Approved: “Approved” shall mean approved in writing including
     subsequent confirmation of previous verbal approval and “approval” shall
     mean approval in writing including as aforesaid.
N.   Specification: “Specification” means the specification referred to in the
     tender and any modification thereof or addition or deduction thereto as
     may from time to time be furnished or approved in writing by the Engineer.
O.   Tender: “Tender” means the Contractor’s priced offer to the Employer for
     the execution and completion of the Works and the remedying of any
     defects therein in accordance with the provision of the Contract, as
     accepted by the Letter of Acceptance.
P.   Letter of Acceptance: “Letter of Acceptance” means the formal
     acceptance by the Employer of the tender, for the particular specified work
     or job.
Q.   Commencement Date: “Commencement Date” means the date upon
     which the Contractor receives the notice to commence, issued by the
     Engineer pursuant to Clause 8d.
R.   Time for Completion: “Time for Completion” means the time for
     completing the execution of and passing the Tests on Completion of the
     Works or any Section or part thereof as stated in the Contract (or as
     extended under Section8) calculated from the Commencement Date.
S.   Taking    over   Certificate: “Certificate of Taking-Over/ Take-over
     Certificate” shall mean the certificate issued by the Employer after
                                  - 67 -
     completion of Works in all respects.
T.   Defect Liability Period: “Defect Liability Period” means the period of
     validity of the warranties given by the Contractor commencing from the
     date of ‘certificate of taking over’ of the Works or a part thereof, during
     which the Contractor is responsible for defects with respect to the Works
     (or the relevant part thereof).
U.   Plant: “Plant” means machinery, apparatus, and the like intended to form
     or forming part of the all types of permanent works.
V.   Section: “Section” means a part of work specially identified in the contract
     as a section.
W.   Cost: “Cost” means all expenditure properly incurred or to be incurred
     whether on or off the site including overheads and other charges properly
     allocable thereto but does not include any allowance for profit.
X.   Day: “Day” means Calendar day
Y.   Month: “Month” means Calendar month of the Gregorian calendar.
Z.   GCC: GCC means General Conditions of Contract.
AA. Foreign Currency: “Foreign Currency” means currency of a country other
     than that in which the works are to be located, approved by Govt of
     INDIA/Reserve Bank of INDIA.
CC. Country: Country means the country in which the Site is located
                                   - 68 -
     which, having arisen, such Party could not reasonably have avoided or
     overcome; and, which is not substantially attributable to the other Party.
PP. Extra items: ‘Extra’ means additional or substituted items of work activity
     not included in the ‘Bill of Quantities and Rates’, however such items are
     in the prevailing ‘Unified Schedule of Rates’ for MCGM.
RR. Extra item: This shall mean additional or substituted items of work activity
     not included in the “Bill of Quantities and Rates”, however such item of
     work are in the prevailing “Unified Schedule of Rates” of MCGM.
SS. FAIR item: This shall mean additional or substituted items of work activity
     not included in the “Bill of Quantities and Rates”, and even not existing in
     the “Unified Schedule of Rates” of MCGM at the time of tender.
TT. Unforeseen works: Unforeseen works shall mean the works of bursting /
     leakages of water pipelines, settlement of sewage lines / manholes,
     settlement of storm water drains in city areas
                                  - 69 -
       UU. Subcontractor:Any person named in the contract as Subcontractor for
              part of the Works or any person to whom a part of the Works has been
              subcontracted with the consent of the Engineer and the legal successors
              in the title to such person, but not any assignee of such person.
       VV. Bill of Quantities: It means the priced and completed bill of quantities
              forming part of the tender.
1.c)   Gender :
       Words importing in the masculine gender shall also include the feminine
       gender.
                                            - 70 -
             and shall furnish to the Contractor a copy of all such written delegations
             of powers and authorities. Any written instruction or approvals given by
             the Engineer’s Representative to the contractor with the terms of such
             delegation (but not otherwise) shall be binding on the Contractor as if
             given by the Engineer.
       v.    The Engineers representative shall be appointed by and be responsible
             to the Engineer and shall carry out the duties and exercise such authority
             as may be designated to him by the Engineer under the clause 2.a.(iv).
       vi.   The Engineer may from time to time delegate to the Engineers
             representative. The duties and authorities vested in the Engineer and he
             may at any time revoke such delegation. Any such delegation or
             revocation shall be in writing and shall not take effect until a copy thereof
             has been delivered to the Employer and Contractor.
2.b)   Duties & Powers of the Engineers Representative:
       i.    The duties of the representative of the Engineer are to check, watch and
             supervise the 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 Municipal Corporation nor to make any variation of or in
             the works without written approval, consent or orders/direction of
             Engineer.
       ii.   Communications given by the Engineers Representative to the
             Contractor in accordance with any delegations shall have the same
             effect and shall be binding on the contractor as though it had been given
             by the Engineer, Provided that :
             a.   Failure of the representative of the Engineer to disapprove any
                  work or material shall not prejudice the power of the Engineer
                  thereafter to disapprove such work or material and to order the
                  pulling down, removal or breaking up thereof.
             b.   If the Contractor questions any communication of the Engineers
                  Representative he may refer to the matter to the Engineer who
                  shall confirm, revise or vary the contents of such communications.
                                          - 71 -
2.c)   Engineer’s Decision:
       The whole of the work shall be under the direction of the Engineer, whose
       decision shall be final, conclusive and binding on all parties to the contract, on
       all questions relating to the construction and meaning of plans, working
       drawings, sections, and specification connected with the work.
3.b)   Sub-letting:
       •    Unless specifically mentioned in the contract subletting will not be allowed.
            Subletting, where otherwise provided by the contract shall not be more
            than 25% of the contract price.
       •    The permitted subletting of work by the Contractor shall not establish any
            contractual relationship between the sub-contractor and the MCGM and
            shall not relieve the Contractor of any responsibility under the Contract.
                                          - 72 -
be deemed to be subcontractor to the contractor and are referred to in this
contract as “nominated Subcontractors”.
                                      - 73 -
B)   Payments to Nominated Sub-Contractors;
     For all work executed or goods, materials plant or services supplied by
     any nominated Subcontractor, The Contractor shall be entitled to:
                                - 74 -
            failed to make to such nominated Subcontractor and to deduct by way of
            set-off the amount so paid by the Employer from any sums due or to
            become due from the Employer to the Contractor.
            Provided that, where the Engineer has certified and the Employer has
            paid direct as aforesaid, the Engineer shall, in issuing any further
            certificate in favor of the Contractor, deduct from the amount thereof the
            amount so paid, direct as aforesaid, but shall not withhold or delay issue
            of the certificate itself when due to be issued under the terms of contract
                                        - 75 -
      case of JV firms with up to three members and not less than 10% each in
      case of JV firms with more than three members. In case of JV firm with
      foreign member(s), the lead member has to be an Indian firm with a
      minimum share of 51%.
8.    A copy of Letter of Intent or Memorandum of Understanding (MoU)
      executed by the JV members shall be submitted by the JV firm along
      with the tender. The complete details of the members of the JV firm, their
      share and responsibility in the JV firm etc. particularly with reference to
      financial technical and other obligation shall be furnished in the
      agreement.
9.    Once the tender is submitted, the agreement shall not                   be
      modified/altered/terminated during the validity of the tender. In case the
      tenderer fails to observe/comply with this stipulation, the full Earnest
      Money Deposit (EMD) shall be forfeited. In case of successful tenderer,
      the validity of this agreement shall be extended till the currency of the
      contract expires.
10.   Approval for change of constitution of JV firm shall be at the sole
      discretion of the MCGM. The constitution of the JV firm shall not be
      allowed to be modified after submission of the tender bid by the JV firm
      except when modification becomes inevitable due to succession laws
      etc. and in any case the minimum eligibility criteria should not get
      vitiated. In any case the Lead Member should continue to be the Lead
      Member of the JV firm. Failure to observe this requirement would render
      the offer invalid.
11.   Similarly, after the contract is awarded, the constitution of JV firm shall
      not be allowed to be altered during the currency of contract except when
      modification become inevitable due to succession laws etc. and in any
      case the minimum eligibility criteria should not get vitiated. Failure to
      observe this stipulation shall be deemed to be breach of contract with all
      consequential penal action as per contract condition.
12.   On award of contract to a JV firm, a single Performance Guarantee shall
      be required to be submitted by the JV firm as per tender conditions. All
      the Guarantees like Performance Guarantee, Bank Guarantee for
      Mobilization advance, machinery Advance etc. shall be accepted only in
                                  - 76 -
      the name of the JV firm and no splitting of guarantees amongst the
      members of the JV firm shall be permitted.
13.   On issue of LOA, an agreement among the members of the JV firm (to
      whom the work has been awarded) has to be executed and got
      registered before the Registrar of the Companies under Companies Act
      or before the Registrar / Sub-Registrar under the Registration Act, 1908.
      This agreement shall be submitted by the JV firm to the MCGM before
      signing the contract agreement for the work. (This agreement format
      should invariably be part of the tender condition). In case the tenderer
      fails to observe/comply with this stipulation, the full Earnest Money
      Deposit (EMD) shall be forfeited and other penal actions due shall be
      taken against partners of the JV and the JV. This joint venture
      agreement shall have, inter-alia, following clauses:-
      13.1   Joint and several liability - The members of the JV firm to which
             the contract is awarded, shall be jointly and severally liable to the
             Employer (MCGM) for execution of the project in accordance with
             General and Special conditions of the contract. The JV members
             shall also be liable jointly and severally for the loss, damages
             caused to the MCGM during the course of execution of the
             contract or due to no execution of the contract or part thereof.
      13.2   Duration of the Joint Venture Agreement -It shall be valid
             during the entire period of the contract including the period of
             extension if any and the maintenance period after the work is
             completed.
      13.3   Governing Laws - The Joint Venture Agreement shall in all
             respect be governed by and interpreted in accordance with
             Indian Laws.
      13.4   Authorized Member -Joint Venture members shall authorize
             one of the members on behalf of the Joint Venture firm to deal
             with the tender, sign the agreement or enter into contract in
             respect of the said tender, to receive payment, to witness joint
             measurement of work done, to sign measurement books and
             similar such action in respect of the said tender/contract. All
             notices/correspondences with respect to the contract would be
                                  - 77 -
             sent only to this authorized member of the JV firm.
             No member of the Joint Venture firm shall have the right to assign
             or transfer the interest right or liability in the contract without the
             written consent of the other members and that of the employer in
             respect of the said tender/contract.
14.   Documents to be enclosed by the JV firm along with the tender:
      14.1   In case one or more of the members of the JV firm is/are
             partnership firm(s), following documents shall be submitted:
      14.1.1 Notary certified copy of the Partnership Deed,
      14.1.2 Consent of all the partners to enter into the Joint Venture
             Agreement on a stamp paper of appropriate value (in original).
      14.1.3 Power of Attorney (duly registered as per prevailing law) in favor
             of one of the partners to sign the MOU and JV Agreement on
             behalf of the partners and create liability against the firm.
      14.2   In case one or more members is/are Proprietary Firm or HUF, the
             following documents shall be enclosed:
      14.2.1 Affidavit on Stamp Paper of appropriate value declaring that       his
             Concern is a Proprietary Concern and he is sole proprietor of the
             Concern OR he is in position of "KARTA" of Hindu Undivided
             Family and he has the authority, power and consent given by
             other partners to act on behalf of HUF.
                                   - 78 -
              by the Company authorizing the person to do/act
              mentioned in the para (a) above.
14.4   All the members of the JV shall certify that they have not been
       black listed or debarred by MCGM from participation in
       tenders/contract in the past either in their individual capacity or
       the JV firm or partnership firm in which they were members /
       partners.
14.5   Credentials & Qualifying criteria: Technical and financial eligibility
       of the JV firm shall be adjudged based on satisfactory fulfilment of
       the following criteria: Technical eligibility criteria: In case of Work
       involving single discipline, the Lead member of the JV firm shall
       meet at least 35% requirement of technical capacity as stipulated
       in tender document.
                                        OR
       In case of composite works (e.g. works involving more than one
       distinct component such as Civil Engineering works, M&E works,
       Electrical works, etc. and in the case of major bridges,
       substructure and superstructure etc.), atleast one member
       should have satisfactorily completed 35% of the value of any one
       component of the project work so as to cover all thecomponents
       of project work or any member having satisfactorily completed
       35% of the value of work of each component during last seven
       financial years.
       In such cases, what constitutes a component in a composite
       work shall be clearly defined as part of the tender condition
       without any ambiguity.
       Financial eligibility criteria: The contractual payments received
       by the JV firm or the arithmetic sum of contractual payments
       received by all the members of JV firm in any one of the previous
       three financial years and shall be at least 100% of the estimated
       value of the work as mentioned in the tender.
                             - 79 -
4.     Contract Documents
4.a) Languages
3) The Bid:
8) The Specification:
10) GCC
                                         - 80 -
       inspection and use by the Engineer and the Engineer’s Representative and
       by any other persons authorized by the Engineer in writing.
iii.   Disruption of Progress: The Contractor shall give written notice to the
       Engineer whenever planning or progress of the works is likely to be
       delayed or disrupted unless any further drawings or order, including a
       direction, instruction or approval, is issued by the Engineer within
       reasonable time. The notice shall include details of the drawing or order
       required and of why and by when it is required and of any delay or
       disruption likely to be suffered if it is late.
iv.    Delays and Cost of delay of drawings: If by reason of any failure or
       inability of the Engineer to issue within a time reasonable in all the
       circumstances any drawing or order requested by the Contractor in
       accordance with the sub-clause(iii) of this condition the Contractor suffers
       delay and / or incurs cost then the Engineer shall take such delay into
       account in determining any extension of time to which the Contractor is
       entitled under sub-clause (d) of Clause 8 hereof and the Contractor shall
       be paid the amount of such cost as shall be reasonable.
v.     Failure to submit Drawings by Contractor: If the failure or the inability of
       the Engineer to issue any drawings or instructions is caused in whole or in
       part by the failure of the Contractor to submit specification or drawings or
       other documents which is required to submit under the contract, the
       Engineer shall take such failure by the contractor into account when
       making his determination in accordance with condition4c(iv)hereof.
vi.    Copyright: The copyright of all drawings and other documents
       provided by the Contractor under the Contract shall remain vested in the
       Contractor or his sub- contractors as the case may be the Employer shall
       have a license to use such drawings and other documents in connection
       with the design, construction, operation and maintenance of the Works. At
       any time the Employer shall have further license without additional
       payment to the Contractor to use any such drawings or documents for the
       purpose of making any improvement of the works or enlargement or
       duplication of any part thereof, provided that such improvement,
       enlargement or duplication by itself or in conjunction with any other
       improvements, enlargements or duplications already made in accordance
                                       - 81 -
             with the further license does not result in the duplication of the whole of the
             works.
4.d)   Engineer to have power to issue further drawings or instructions:
       The Engineer shall have the power and authority from time to time and at all
       times to make and issue such further drawings and to give such further
       instructions and directions as may appear to him necessary or proper for the
       guidance of the contractor and the good and sufficient execution of the works
       according to terms of the specifications and Contractor shall receive, execute,
       obey and be bound by the same, according to the true intent and meaning
       thereof, as fully and effectually as though the same had accompanied or had
       been mentioned or referred to in the specification, and the Engineer may also
       alter or vary the levels or position of nature of works contemplated by the
       specifications, or may order any of the works contemplated there by to be
       omitted, with or without the substitution of any other works in lieu thereof, or
       may order any work or any portion of work executed or partially executed, to be
       removed, changed or altered, added if needful, may order that other works shall
       be substituted instead thereof and difference of expense occasioned by any
       such diminution or alteration so ordered and directed shall be added to or
       deducted     from   the   amount    of      this   Contract,   as   provided   under
       conditionno.10(a) hereinafter.
       No work which radically changes the original nature of the Contract shall be
       ordered by the Engineer and in the event of any deviation being ordered which
       in the opinion of the Contractor changes the original nature of Contract he shall
       nevertheless carry it out and disagreement as to the nature of the work and the
       rate to be paid therefore shall be resolved in accordance with condition no.13d.
       The time for completion of the Works, shall be in even of any deviations
       resulting in additional cost over the contract price being ordered, be extended
       or reduced reasonably by the Engineer. The Engineer’s decision in this case
       shall be final.
4.e)   Discrepancies in drawings or specifications:
       The drawings and specifications are to be considered as mutually explanatory
       of each other, detailed drawings being followed in preference to small scale
       drawings and figured dimensions in preference to scale and special conditions
       in preference to general conditions. The preference of documents will be as per
                                          - 82 -
       condition 4(b). Should any discrepancies, however, appear, or should any
       misunderstanding arise as to the meaning and import of the said specifications
       or drawings, or as to the dimensions or the quality of the materials or the due
       and proper execution of the Works, or as to the measurement or quality and
       valuation of the Works, or as to the measurement or quality and valuation of the
       Works execution under this Contract, or as extra thereupon the same shall be
       explained by the Engineer, and his explanation shall, subject to the final
       decision of the Commissioner in case a reference be made to him under
       condition no.13(d) be binding upon the Contractor and Contractor shall execute
       the Works according to such explanation (subject to aforesaid) and shall also
       do all such Works and required things as may be necessary for the proper
       completion of Works as implied by the drawings and specifications, even
       though such Works and things are not specifically shown and described in the
       said drawings and specifications.
       Provided always that if in the opinion of the Engineer compliance with any such
       instructions shall involve the Contractor in any expenses which by reason
       of any such ambiguity ordiscrepancy, the Contractor did not and had reasons
       not to anticipate the extra charges if any shall be paid in accordance with
       conditions 10(a).
       The time for completion of the Works, shall be in even of any deviations
       resulting in additional cost over the contract price being ordered, be extended
       or reduced reasonably by the Engineer. The Engineer’s decision in this case
       shall be final.
4.f)   Official Secrecy :
       The Contractor shall of all the persons employed in any works in connection
       with the contract that the India Official Secrets Act 1923 (XIX of 1923) applies to
       them and will continue to apply even after execution of the said works and they
       will not disclose any information regarding this contract to any third party. The
       contractor shall also bring into notice that, any information found to be leaked
       out or disclosed the concern person as well as the Contractor will be liable for
       penal action; further the Corporation will be at liberty to terminate the contract
       without notice.
4.g)   Subsequent Legislation :
       If on the day of submission of bids for the contract, there occur changes to any
                                           - 83 -
       National or State stature, Ordinance, decree or other law or any regulation or
       By-laws or any local or other duly constituted authority or the introduction of any
       such National or State Statute, Ordinance,         decree or by which causes
       additional or reduced cost to the Contractor, other than under Clause 10 in the
       execution of contract, such additional or reduced cost shall, after due
       consultation with the Contractor, be determined by the concerned Engineering
       Department of MCGM and shall be added to or deducted from the Contract
       Price with prior approval of competent authority and the concerned Engineering
       Department shall notify the Contractor accordingly with a copy to the Employer.
       Notwithstanding the foregoing, such additional or reduced cost shall not be
       separately paid or credited if the same shall already taken into account in the
       indexing of any inputs to the Price Adjustment Formulae in accordance with the
       provisions of Clause 10 b.
       MCGM reserve the right to take decision in respect of addition/reduction of cost
       in contract.
4.h)   Contract Execution:
       All required documents for execution of the contract shall be submitted within 30
       days from the date of issue of letter of acceptance. If the documents are not
       submitted within the stipulated time a penalty of Rs 5000/- per day will be
       applicable to the contractor. All contract documents need to be duly affixed with
       stamp duty properly signed along with evidence/proof of payment of
       security/contract deposit/ within 30 days from the date of letter of acceptance
       received by him.
       Obligation of MCGM
       i.     The concerned department shall submit the contract which is verified by
              Accounts department, to Municipal Secretary Office for common seal in
              45 days from the receipt of those papers in the office
       ii.    Municipal Secretary office will complete the process of affixing common
              seal in next 30days.
       iii.   If the contractor has complied with all the contractual obligations and the
              contract verified by the accounts department and forwarded to Municipal
              Secretary Office for affixing common seal. It shall be treated as deem
              executed after 30 days of submission and no payment shall be withheld
                                          - 84 -
            for want of contractual obligations.
4i)   No Claim to Any Payment Or Compensation Or Alteration In Or
      Restriction Of Work
      (a)   If at any time after the execution of contract documents, the Engineer
            shall for any reason whatsoever, desires that the whole or any part of the
            works specified in the Tender should be suspended for any period or that
            the whole or part of the work should not be carried out, at all, he shall give
            to the Contractor a Notice in writing of such desire and upon the receipt of
            such notice, the Contractor shall forthwith suspend or stop the work
            wholly or in part as required after having due regard to the appropriate
            stage at which the work should be stopped or suspended so as not to
            cause any damage or injury the work already done or endanger the safety
            thereof, provided that the decision of the Engineer as to the stage at
            which the work or any part of it could be or could have been safely
            stopped or suspended shall be final and conclusive against the
            contractor.
            The Contractor shall have no claim to any payment or compensation
            whatsoever by reason of or in pursuance of any notice as aforesaid, on
            account of any suspension, stoppage or curtailment except to the extent
            specified hereinafter.
      (b)   Where the total suspension of Work Order as aforesaid continued for a
            continuous period exceeding 90 days the contractor shall be at liberty to
            withdraw from the contractual obligations under the contract so far as it
            pertains to the unexecuted part of the work by giving 10 days prior notice in
            writing to the Engineer within 30 days of the expiry of the said period of 90
            days, of such intention and requiring the Engineering to record the final
            measurement of the work already done and to pay final bill. Upon giving
            such Notice, the Contractor shall be deem to have been discharged from
            his obligations to complete the remaining unexecuted work under his
            contract. On receipt of such notice the Engineer shall proceed to complete
            the measurement and make such payment as may be finally due to the
            contractor within a period of 90 days from the receipt of such Notice in
            respect of the work already done by the contractor. Such payment shall
            not in any manner prejudice the right of the contractor to any further
                                        - 85 -
             compensation under the remaining provisions of this clause.
       (c)   Where the Engineer required Contractor to suspend the work for a period
             in excess of 30 days at any time or 60 days in the aggregate, the
             Contractor shall be entitled to apply to the Engineer within 30 days of the
             resumption of the work after such suspension for payment of
             compensation to the extent of pecuniary loss suffered by him in respect of
             working machinery remained ideal on the site of on the account of his
             having an to pay the salary of wages and labour engaged by him during
             the said period of suspension provided always that the contractor shall not
             be entitled to any claim in respect of any such working machinery, salary
             or wages for the first 30 days whether consecutive or in the aggregate or
             such suspension or in respect of any such suspension whatsoever
             occasion by unsatisfactory work or any other default on his part, the
             decision of the Engineer in this regard shall be final and conclusive against
             the contractor.
4j.    The limit for unforeseen claims
             Under no circumstances whatever the contractor shall be entitled to any
             compensation from MCGM on any account unless the contractor shall have
             submitted a claim in writing to the Eng-in-change within 1 month of the case
             of such claim occurring.
                                         - 86 -
    and sub-surface conditions as obtained by or on his behalf from
    investigations relevant to the works but the Contractor shall be responsible
    for his own interpretation thereof. The contractor shall engage his
    investigating agency with prior approval of the Engineer from the approved
    list of such agencies by MCGM or Govt. at his cost initially before
    commencing actual work and which shall be reimbursed immediately
    subject to satisfaction of the Engineer for faithful compliance and
    submission of required data regarding such investigation within specified
    time.
•   The Contractor shall be deemed to have satisfied himself before
    tendering as to the correctness and sufficiency of his tender for the works
    and of the rates and prices quoted in the schedule of works / items /
    quantities, or in Bill of Quantities, which rates and prices shall, except as
    otherwise provided cover all his obligations under the Contract and all
    matters and things necessary for proper completion and maintenance of
    the works. No extra charges consequent on any misunderstanding.
•   Not Foreseeable Physical Obstructions or Conditions : If, however,
    during the execution of the Works the Contractor encounters physical
    obstructions or physical conditions, other than climatic conditions on the
    Site, which obstructions or conditions were, in his opinion, not foreseeable
    by an experienced contractor, the Contractor shall forthwith give notice
    thereof to the Engineer. On receipt of such notice, the Engineer shall, if in
    his opinion such obstructions or conditions could not have been
    reasonably foreseen by an experienced contractor, after due consultation
    with the Contractor, determine:
           any extension of time to which the Contractor is entitled under
            Clause 8 (f)and
           The amount of any costs which may have been incurred by the
            Contractor by reason of such obstructions or conditions having
            been encountered, which shall be added to the Contract Price.
    and shall notify the Contractor accordingly. Such determination shall take
    account of any instruction which the Engineer may issue to the Contractor
    in connection therewith, and any proper and reasonable measures
                                - 87 -
              acceptable to the Engineer which the Contractor may take in the absence
              of specific instructions from the Engineer. However such costings shall be
              got approved by the competent authority as governed vide rules prevailing
              with authority.
5.b)   Office for the Engineer (Works costing upto Rs.50 Lakhs)
       The Contractor shall at his own cost and to satisfaction of the Engineer provide a
       small temporary office, at the work-site which will include tables, chairs and
       lockers for keeping the records. He shall also make necessary arrangements for
       drinking water, telephone with a pre- requisite of e-governance and electronic
       communication. These offices are not to be allowed on public roads without the
       written instruction of the Engineer. These offices should be preferably located
       within 50 to 500 m of the worksite. In case the office is more than 500m away
       from the worksite, the contractor is to provide conveyance for Municipal Staff.
5.c)   Office for the Engineer (Works costing above Rs.50 lakhs)
       The Contractor shall at his own cost and to satisfaction of the Engineer provide a
       temporary office at the work-site which will include tables, chairs and lockers for
       keeping the records. He shall also make necessary arrangements for drinking
       water, latrines, with doors, windows, locks, bolts and fastenings sufficient for
       security for the Engineer, and his subordinates, as close to the works from time
       to time in progress as can be conveniently arranged, and shall at his own cost
       furnish the office with such chairs, tables, lockers, locks and fastenings as may
       be required by the Engineer, and no expense of any kind in connection with the
       erection or upkeep of the offices or fittings shall be borne by the Corporation, but
       all such work shall be carried out by the Contractor and the expenses thereof
       defrayed by him. The Contractor shall also make water connections and fit up
       stand pipe with a bib tap at each office. The latrines and the water connections
       shall be subject to all the conditions herein elsewhere laid down for temporary
       water connection and latrines generally with all requisite equipments for
       e-governance and electronic and digital communication. These offices are not to
       be allowed on public roads without the written instruction of the Engineer. These
       offices should be preferably located within 50 to 500 m of the worksite. In case
       the office is more than 500m away from the worksite, the contractor is to provide
       conveyance. Also, for staff working beyond working hours the contractor has to
       provide conveyance.
                                          - 88 -
       Permission for provision and removal of office on completion of work: The
       tenderer shall obtain permission for provision of site office, cement go-down,
       store, etc. on payment of necessary cost implication. The cement go-down,
       Watchman cabins, etc. shall be provided as directed and shall be removed by
       the Tenderers on completion of the work at their cost. It is binding on the
       Tenderer to fulfill requirements of Environmental Authorities. The location of
       such office shall be finalized and got approved from the Engineer before
       erection/commencement work.
5.d)   Contractor’s office near works:
       The Contractor shall have an office near the works at which notice from the
       Commissioner or the Engineer may be served and shall, between the hours of
       sunrise and sunset on all working days, have a clerk or some other authorized
       person always present at such office upon whom such notices may be served
       and service of any notices left with such clerk or other authorized person or at
       such office shall be deemed good service upon the Contractor and such offices
       shall have pre-requisite facilities for e-governance.
5.e)   Works to be carried out:
       The work to be carried out under the Contract shall, except as otherwise provided
       in these conditions, include all labour, materials, tools, plant, equipment and
       transport which may be required in preparation of and for and in the full and entire
       execution and completion of the works. The descriptions given in the schedule of
       works / items / quantities, and the Bills of Quantities shall, unless otherwise
       stated, be held to include waste on materials, carriage and cartage, carrying in,
       return or empties, hoisting, setting, fitting and fixing in position and all other labour
       necessary in and for the full and entire execution and completion as aforesaid in
       accordance with good practice and recognized principles.
5.f)   Security Deposit:
       The security deposit shall mean and comprising of I) Contract Deposit and II)
       Retention Money.
       5.f.i) Contract Deposit – The successful tender, here after referred to as the
              contractor shall pay an amount equal to two (2) percent of the contract
              sum shall be paid within thirty days from the date of issue of letter of
              acceptance.
       5.f.ii) Retention Money – The contractor shall pay the retention money an
                                            - 89 -
      amount equal to five (5) percent of the contract sum which will be
      recovered from the contractors every bill i.e. interim / running / final bill.
      The clause of retention money will not be applicable M. & E .works.
5.f.iii) Additional Security Deposit
      The additional security deposit will be applicable when a rebate of more
      than of 12 % at the rate of with no maximum limit. The ASD is calculated
      as follows:
      Additional security deposit = (X) x office estimated cost,
      Where X=percentage rebate quoted above 12%
      The ASD shall be paid online in the ASD tab for bidders in e-tendering
      system before submission of the bid.
5.f.iv) Performance Guarantee
      The successful tender, hereafter referred to as the contractor shall pay in
      the form of “Performance Guarantee” at different rates for different slabs
      as stated below:
       Offer                             PG applicable %
       For premium, at par and           PG = 0.92% x Contract Sum applicable for
       rebate less than 12%              rebate of 12%
       For offer below rebate of PG = 0.92% x Contract Sum applicable for
       12%                       rebate of 12% +( X) x Contract Sum
                                 Where, X = Percentage rebate quoted more
                                 than 12%
      Note:         Contract   sum   shall    mean   amount   after   application   of
      rebate/premium as quoted by the contractor with contingencies only and
      excluding price variation.
      The PG shall be paid in one the following forms.
               I)       Cash (In case guarantee amount is less thanRs.10,000/-
               II)      Demand Draft (In case guarantee amount is less than
                        Rs.1,00,000/-)
               III)     Government securities
               IV)      Fixed Deposit Receipts (FDR) of a Schedule Bank.
               V)       An electronically issued irrevocable bank guarantee bond of
                        any Schedule bank in the prescribed form given in
                        Annexure.
                                     - 90 -
      Performance Guarantee is applicable over and above the clause of
      Security Deposit. Performance Guarantee will have to be paid & shall be
      valid till the defect liability period or finalization of final bill whichever is
      later.
      This deposit will be allowed in the form of I to V as mentioned above and
      shall be paid within 15 days after receipt of Letter of Acceptance.
      Note: Following exceptions shall be adopted for ‘Demolition Tenders’:
      •        Irrespective of the offer (Rebate/ at par/ premium), ASD shall be
               differed and only PG of10% of contract sum be taken from the
               successful bidder on award of contract only.
      •        MCGM departments shall ensure to incorporate specific condition
               regarding above in bid document and e-tender notice.
5.f.v) Refund of Security Deposit
      •        Refund of Contract Deposit
               The Contract Deposit shall be released within 30 days after
               completion of 3rd year of DLP (in case of 5 years DLP) and after
               issue of ‘Defect Liability Certificate’ (in case of 1 or 2 or 3 years
               DLP) subject to no recoveries are pending against the said work,
               provided that the Engineer is satisfied that there is no demand
               outstanding against the Contractor. No claim shall be made
               against the Balance Contract Deposit after the issue of Defects
               Liability Certificate.
      •        Refund of Retention Money
               One-half (50%)of the Retention Money shall be released within 30
               days of issue of ‘Certificate of Completion’ with respect to the
               whole of the Works. In the event the Engineer issues a
               Taking-over Certificate for a section or part of the Permanent
               Works, only such proposition thereof as the Engineer determines
               (having regard to the relative value of such section or part of the
               Works) shall be considered by the Engineer for payment to the
               Contractor.
               The balance Retention Money shall be released within 30 days
after completion of 3rd year of DLP (in case of 5 years DLP) and
                                        - 91 -
    after issue of ‘Defect Liability Certificate’ (in case of 1 or 2 or 3
    years DLP) provided that the Engineer is satisfied that there is no
    demand outstanding against the Contractor. In the event of
    different Defects Liability Periods have been specified or become
    applicable to different sections or parts of the Permanent Works,
    the said moneys will be released within 30 days on expiration of
    the latest of such Defects Liability Periods.
    Payment of the above mentioned 50% is exclusive of the amounts
    to be withheld as stated in and that amount shall be paid as per
    condition stated therein.
•   Refund of Additional Security Deposit
    The additional security deposit shall be released within 30 days of
    issue of ‘Certificate of Completion’ with respect to the whole of the
    Works. In the event the Engineer issues a Taking-over Certificate
    for a section or part of the Permanent Works, only such proposition
    thereof as the Engineer determines (having regard to the relative
    value of such section or part of the Works) shall be considered by
    the Engineer for payment to the Contractor.
•   Refund of Performance Guarantee
    The Deposit on account of performance guarantee shall be
    released within 30 days of completion of Defects Liability Certificate
    subject finalization of final bill whichever is later and no recoveries
    are pending against the said work, provided that the Engineer is
    satisfied that there is no demand outstanding against the
    Contractor.
   Summary of time of Refund of deposit is tabulated as follows:
    a)     Time of Refund for works having 5 years DLP
                Deposits                                   After
                                  After 3 years of
             refunded after                             completion of
                                        DLP
               completion                                  DLP
             ASD + 50% of
                                  CD + 50% of RM              PG
                 RM
                         - 92 -
                         Deposits
                      refunded after             After completion of DLP
                        completion
                       ASD + 50% of
                                                   CD + 50% of RM +PG
                           RM
      The cost of complying with the requirements of clause 5f(i), 5f(ii), 5f(iii)
      and 5f(iv) shall be borne by the Contractor.
5.f.vii) Action when whole of security deposit is forfeited:
      In any case in which under any Clause of this contract, the
      contractor shall have rendered himself liable to pay compensation
      amounting to the whole of this security deposit whether paid in one sum
      or deducted by in stalments or in the case of abandonment of the work
      owning to serious illness or death of the contractor or any other cause,
      the Engineer on behalf of the Municipal Commissioner shall have power
      to adopt any of the following process, as he may deem best suited to the
      interest of MCGM -
      (a)    To rescind the contract (for which recession notice in writing to the
             contractor under the head of Executive Engineer shall be
             conclusive evidence) and in that case, the security deposit of the
             contract shall stand forfeited and be absolutely at the disposal of
             MCGM.
      (b)    To carry out the work or any part of the work departmentally
             debiting the contractor with the cost of the work, expenditure
             incurred on tools and plant, and charges on additional supervisory
             staff including the cost of work-charged establishment employed
             for getting the un- executed part of the work completed and
             crediting him with the value of the work done departmentally in all
             respects in the same manner and at the same rates as if it had
             been carried out by the contractor under the terms of his contract.
             The certificate of the Executive Engineer as to the costs and other
             allied expenses so incurred and as to the value of the work so
             done departmentally shall be final and conclusive against the
                                   - 93 -
      contractor.
(c)   To order that the work of the contractor be measured up and to
      take such part thereof as shall be un-executed out of his hands,
      and to give it to another contractor to complete, in which case all
      expenses incurred on advertisement for fixing a new contracting
      agency, additional supervisory staff including the cost of work
      charged establishment and the cost of the work executed by the
      new contract agency will be debited to the contractor and the
      value of the work done or executed through the new contractor
      shall be credited to the contractor in all respects and in the same
      manner and at the same rates as if it had been carried out by the
      contractor under the terms of his contract. The certificate of the
      Executive Engineer as to all the cost of      the work and other
      expenses incurred as aforesaid for or in getting the un-executed
      work done by the new contractor and as to the value of the work
      so done shall be final and conclusive against the contractor.
      In case the contract shall be rescinded under Clause (a) above,
      the contractor shall not be entitled to recover or be paid any sum
      for any work therefore actually performed by him under this
      contract unless and until the Executive Engineer shall have
      certified in writing the performance of such work and the amount
      payable to him in respect thereof and he shall only be entitled to
      be paid the amount so certified. In the event of either of the
      courses referred to in Clause (b) or (c) being adopted and the cost
      of the work executed departmentally or through a new contractor
      and other allied expenses exceeding the value of such work
      credited to the contractors amount of excess shall be deducted
      from any money due to the contractor, by MCGM under the
      contract or otherwise, howsoever, or from his security deposit or
      the sale proceeds thereof provided, however, the contractor shall
      have no claim against MCGM even if the certified value of the
      work done departmentally or through a new contractor exceeds
      the certified cost of such work and allied expenses, provided
      always that whichever of the three courses mentioned in clauses
                          - 94 -
              (a), (b) or (c) is adopted by the Executive Engineer, the contractor
              shall have no claim to compensation for any loss sustained by
              him by reason of his having purchase or procured any materials
              or entered in to any engagements or made any advance on
              account of or with a view to the execution of the work or the
              performance of the contract.
5.f.viii) Contract may be rescinded and security deposit forfeited for bribing
      a public officer or if contractor becomes insolvent
      If the contractor assigns or sublets his contracts or attempt so to do, or
      become insolvent or commence any proceeding to get himself
      adjudicated and insolvent or make any composition with his creditors, or
      attempt so to do or if bribe, gratuity, gift, loan, perquisite, reward or
      advantage, pecuniary or otherwise, shall either directly or indirectly be
      given promised or offered by the contractor or any of his servants or
      agents through any public officer, or person in the employ of
      MCGM/Govt. in any way relating to his office or employment, or if any
      such officer or person shall become in any way directly or indirectly
      interested in the contract the Engineer Incharge may thereupon, by
      notice in writing rescind the contract and the Security Deposit of the
      Contractor shall thereupon stand forfeited and be absolutely at the
      disposal of MCGM and the same consequences shall ensure as if the
      contract had been rescinded under above clause 5.f.(vii) hereof; and in
      addition the contractor shall not be entitled to recover or be paid for any
      work therefore actually performed under the contract.
5.f.ix) For The Unsatisfactory Progress Of Any Particular Portion Of The
      Work:
      If the progress of any particular portion of the work is unsatisfactory, the
      Executive Engineer shall not withstanding that the general progress of
      the work is in accordance with the conditions mentioned in the
      appropriate clause be entitled to take action for forfeiture of security
      deposit after giving the contractor 10 days notice in writing. The
      contractor will have no claim for compensation, for any loss sustained by
      him owing to such action.
                                   - 95 -
5.g)   Levels:
       All levels referred to in connection with these works are based on the plane
       known as the Mumbai Town Hall Datum (T.H.D).
5.h)   Use of Municipal Land:
       i)    The Contractor shall not be permitted to enter on (other than for
             inspection purposes) or take possession of site until instructed to do so
             by the Engineer in writing. The portion of the site to be occupied by the
             Contractor shall be defined and / or marked on the site plan, failing which
             these shall be indicated by the Engineer and the Contractor shall on no
             account be allowed to extend his operations beyond these areas. The
             Contractor will be allowed to use such land, free of charge, for the
             purpose of sheds, offices thereon for themselves and for the Engineer
             and his subordinates and shall remove the same from the ground on the
             completion of the works, or when required to do so, by the Engineer after
             receiving 7 days’ notice. He shall make good any damage which may
             have been done and restore to good condition anything which may have
             been disturbed during the period of his occupation. The contractor shall
             be allowed to use the land for labour employed on the job for emergency
             situation.
             He shall not use or allow to be used any such ground, sheds or offices,
             or any portion of the site of the works, for any other purpose than the
             carrying out of works under this Contract. In the event of there being
             on plot or ground or insufficiency of ground belonging to the
             Corporation available for the above purpose, the Contractor shall
             provide other such ground at his own cost. The Contractor shall in any
             case pay all taxes which may have to be paid in respect of all ground,
             sheds or offices used as above, and all the license fees, etc. that may
             be used as above, and all the license fees, etc. that may be demanded
             for the storage or otherwise of the various articles as per rules in force.
             The Contractor shall provide, if necessary or if required on the site all
             temporary accesses thereto and shall later, adopt and maintain the
             same as required from time to time and shall take up and clear them
             away as and when no longer required and make good all damage
             done to the site.
                                          - 96 -
       ii)   Save in so far as the Contract may prescribe:
             a)     The extent of portions of the site of which the Contractor is to be
                    given possession from time to time.
                                         - 97 -
The Contractor will have to make his own arrangements to get at his cost
necessary water connection from the Municipal mains, if available. It is,
however, agreed that if in the opinion of the Hydraulic Engineer, water is used
improperly or wasted, the Hydraulic Engineer may cause the un-metered
supply of water to be discontinued and the water will be supplied to the
Contractor through a metered connection. He will be charged at the prevailing
rates for the quantity of water which in the opinion of the Hydraulic Engineer,
has been used in excess of a reasonable quantity required to be used on that
work.
The Contractors will be charged for all the cost connected with taking any
connections with the mains that may be required for the purpose of the work,
and for afterwards cutting off such connections, besides the usual Municipal
charges for the use of the meters, if any, fixed by the water department in case
of improper use or wastage of water. In the event of the meter getting damaged,
or found to be out of order, inaccurate or tampered with, the excess quantity of
water chargeable due to misuse will be assessed on the discharging capacity of
the water connection.
In case the Contractor finds the water supply to be inadequate for the
construction of the work, the balance quantity of water shall be procured by the
contractor and the cost of procuring ,pumping and conveyance of the balance
quantity of water shall be entirely borne by the contractor.
In case municipal water mains are not available nearby, contractors attention is
invited to Clause 5 given here before. In such cases, the contractor shall have
to make his own arrangements for procuring, pumping and conveyance of
water at his cost.
The Contractor may be allowed to use water from the Municipal hydrants
subject to such terms and conditions as shall be laid down by the Hydraulic
Engineer. The payment for use of water from municipal hydrants shall be
entirely borne by the Contractors.
The Engineer may, however, allow use of water from other sources, viz. lakes,
wells, etc. for construction purposes only in consultation with the Hydraulic
Engineer provided such permission is requested sufficiently in advance. In all
these cases the Contractor shall have to make his own arrangements for
                                     - 98 -
       pumping and conveyance of water. The payment for use of water from such
       sources shall also be entirely borne by the Contractor.
5.j)   Pumping out Water:
       The Contractor will be required to provide and work at his own cost all pumps,
       engines and machinery requisite to keep the trenches for the sewer, drains or
       foundations and all other excavations clear of water, whether subsoil water,
       storm waste or leakage from tanks, wells, drains, sewers, water mains, tide
       water etc. so that there may be no accumulation of such water and no setting
       out may be done, no masonry may be laid, no concrete deposited, no joints
       made and no measurements taken in water. The pumping shall be continued so
       long after the execution of any portion of the Work as the Engineer may
       consider necessary for the work to set. For the purpose of keeping the
       excavations as dry as possible the work would, if necessary be divided into
       sections or separate portions as per best engineering practices and temporary
       dams will have to be put up by the Contractor, sumps for the suction pipes to
       work in, will have to be excavated by the Contractor at such distances apart and
       to such depths as the as per best engineering practices. When the work
       progresses other sumps must, from time to time, be excavated by the
       Contractor, disused sumps being filled up by him with dry rubble carefully hand
       packed to the satisfaction of the Engineer. The Contractor will not be paid extra
       for any temporary dams or sumps or their removal or refilling nor will such
       works be taken into measurement in any way, unless otherwise provided.
       The Contractor shall not allow any accumulation of water either from the
       Discharge of his dewatering pumps or his water connections on site of his work.
       The Contractor shall make proper provision for leading the pumped discharge
       to the nearest water entrance, storm water drain, manholes, or water course by
       means of a wooden or G.I. channel or hose pipe. Under no circumstances the
       discharge will be allowed to flow, along a paved surface. If an accumulation is
       unavoidable, it shall be treated with insecticides to the satisfaction of the
       Engineer. In case of failure to do this on the part of Contractor such
       accumulation shall be treated by the Municipal Corporation at the risk and cost
       of the Contractor.
       The contractors should note that under no circumstances any payment for
       pumping out water finding its way into trenches, hill cutting, excavated pits,
                                         - 99 -
       works site etc. from whatever sources will be permissible unless otherwise
       specifically in the tender.
5.k)   Contractors’ staff:
       The Contractor shall employ in and about the execution of works only such
       persons as are skilled and are experienced in their several trades and the
       Engineer shall be at liberty to object to and require the Contractor to remove
       from the works any person, employed by the Contractor in or about the
       execution of the works, who in the opinion of the Engineer misconducts himself
       or is incompetent or negligent in the proper performance of his duties and such
       person shall not be again employed upon the works without permission of the
       Engineer.
5.l)   Contractors’ Supervision:
       The Contractor shall himself supervise the execution of works or shall appoint
       qualified personnel with prior approval by the Engineer to act in his stead. If, in
       the opinion of the Engineer the Contractor has himself not sufficient knowledge
       and experience to be capable of receiving instructions or cannot give his full
       attention to the works, the Contractor shall at his own expense, employ as his
       accredited agent an Engineer or a suitably qualified and experienced person
       approved by the Engineer. The name of the agent so appointed, along with the
       qualifications, experience and address shall be communicated to the Engineer.
       The agent shall be a responsible person adequately authorized by the
       Contractor to take decision on site and to spend money if required for procuring
       material and labour etc. to carry out emergency works in the interest of the
       contract Work, if so required by the Engineer. Orders given to Contractor’s
       agent shall be considered to have the same force as if these had been given to
       the Contractor himself. If the Contractor fails to appoint a suitable agent as
       directed by the Engineer, the Engineer shall have full powers to suspend the
       execution of the works until such date as a suitable agent is appointed and the
       Contractor shall be held responsible for the delay so caused to the works. If
       approval of the representative is withdrawn by the Engineer, the contractor
       shall, as soon as practicable, having regard to the requirement of replacing him
       as here in after mentioned. He, after receiving notice of such withdrawal,
       remove the representative from the Works and shall not thereafter employ him
                                          - 100 -
       again on Works in any capacity and shall replace him by another representative
       approved by the Engineer.
5.m) Setting out the works:
       The Engineer shall supply dimensioned drawings, level and other information
       necessary to enable the Contractor to set out the works. The Contractor shall
       provide all setting out apparatus at his own cost, such as leveling instruments in
       good working condition and appliances, all pegs, ranging rods, long measuring
       rods, marked meters, and decimeters and each meter and decimeter
       numbered, posts and sight-rails, boning rods, moulds, templates, etc. together
       with any reasonable number of laborers that may be required and set out the
       work and be responsible for the accuracy of the same in relation to original
       points, lines and levels of reference given by the Engineer in writing The
       Contractor shall amend at his own cost and to the satisfaction of the Engineer
       any error found at any stage which may arise through in accurate setting out
       unless such error is based on incorrect data furnished in writing by the
       Engineer, in which case the cost of rectification shall be borne by the Municipal
       Corporation. The Contractors hall protect and preserve all bench marks used in
       setting out the works till the end of Defects Liability period unless the Engineer
       directs its early removal. The Contractor should also be keep leveling
       instrument in good working condition throughout the period of construction work
       on site.
5.n)   Precautions for works in thorough-fares:
       a)     While the execution of any work is in progress in any street or
              thoroughfare the Contractor athis own cost shall make adequate
              provision for the passage of traffic, for securing safe access to all
              premises approached from such street or thoroughfare, and for any
              drainage, water supply, or means of lighting or any other utility service
              which may be interrupted by reason of execution of the work. Whenever
              it may be necessary to stop the traffic in any street or thoroughfare
              permission must first be obtained from the Engineer and the Contractor
              shall then put up such barriers and adopt such other measures or take
              precautions as may be necessary or as the Engineer may direct for
              regulation of traffic. The work shall in such cases be executednight and
              day or for as long a period as practicable if so ordered by the Engineer,
                                         - 101 -
     and with such speed and vigour as he may require, so that the traffic
     may be impeded for as short a time as possible. The Contractor shall
     remove the barriers as soon as the necessity for them has ceased. Care
     shall be taken by the Contractor to cause the least possible obstruction
     to traffic during the progress of the work.
b)   The contractor shall use every reasonable means to prevent any of the
     roads or bridges communicating with or on the routes from the site from
     being damaged or injured by any traffic of the contractor or any of his
     subcontractors and, in particular, shall select routes, choose anduse
     vehicles and restrict and distribute loads so that any such extraordinary
     traffic as will inevitably arise from moving of materials, Plant,
     Contractor’s equipment or Temporary works from and to the site shall be
     limited, as far as reasonably possible and so that no unnecessary
     damage or injury may be occasioned to such roads and bridges.
     Save in so far as the Contract otherwise provides, the Contractor shall
     be responsible for and shall pay the cost of strengthening any bridges or
     altering or improving any road communicating with or on the routes to
     the site to facilitate the movement of Contractors equipment or
     Temporary Works and the Contractor shall indemnify and keep
     indemnified the Employer against all claims for damage to any such road
     or bridge caused by such movement; including such claims as may be
     made directly against the employer, and shall negotiate and pay all
     claims arising safely out of such damage.
     If it is found necessary for the Contractor to move one or more loads of
     heavy constructional equipment, materials or pre-constructed units or
     parts of units of work over roads, highways, bridges on which such
     oversized and overweight items are not normally allowed to be moved,
     the Contractor shall obtain prior permission from the concerned
     authorities. Payments for complying with the requirements, if any, for
     protection of or strengthening of the roads, highways or bridges shall be
     included in his contract price.
     Where the nature of Works is such as to require the use by the
     Contractor of water borne transport the forgoing provisions of this
     Clause shall be construed as though “road included alock, dock, sea wall
                                 - 102 -
              or other structure related to waterway and “vehicle” included craft and
              shall have effect accordingly. Any non-compliance to these precautions
              will attract penalties as per condition 14 (a).
5.o)   Maintenance of underground utility services:
       All the underground utility services such as water pipes, gas pipes, drains,
       sewers, cables, etc. which may be met up in or about any excavation, shall if
       the Engineer deem it practicable, be properly maintained and protected by the
       Contractor himself or through other agency by means of shoring, strutting,
       planking over, padding or otherwise as directed by the Engineer during the
       progress of the work without claiming any extra charges. Any damage to these
       under round utility services shall be immediately remedied by the Contractor or
       by other agency at its own cost, failing which the Engineer may with or without
       notice adopt such measures as he may deem necessary at the risk and cost of
       the Contractor.
       If on the other hand, the Engineer considers it impracticable for the Contractor
       to maintain any such underground utility services and that the exigencies of the
       work necessitate, the breaking down, removal or diversion of the said utility
       services, the cost of such breaking down, removal or diversion including that of
       rebuilding, replacing, diverting and reinstating of any such utility services shall
       be paid to the Contractor if done by him. However, the cost of providing pumps,
       chutes or other appliances as the Engineer may direct for the raising or
       temporary passage of the water or sewage and the cost of pumping out or
       removing as often as the Engineer may direct, any water or sewage which may
       escape from any such underground utility services, shall be borne by the
       Contractor.
5.p)   Fencing, watching and lighting:
       The Contractor shall provide and maintain at his own expense all lights, guards,
       fencing and watching when and where necessary or as required by the Engineer
       for the protection of the safety and convenience of those employed on the works
       or the public. In the event of failure on the part of the Contractor, the Engineer
       may with or without notice to the Contractor put up a fence or improve a fence
       already put up or provide and / or improve the lighting or adopt such other
       measures as he may deem necessary, and all the cost of such procedures as
       may bead opted by the Engineer shall be borne by the Contractor. In addition the
                                          - 103 -
       Engineer may impose such fines or penalty as the Engineer may deem
       reasonable, under Clause 14a.
5.q)   Treasure Trove Fossils etc:
       All fossils, coins, articles of value or antiquity and structural and other remains
       things of geological or archaeological interest discovered in or upon the site shall
       be absolute property of the Municipal Corporation and the Contractor shall duly
       preserve them and shall take precautions to prevent his workmen or any other
       person from removing or damaging any such articles or thing and shall
       immediately upon discovery thereof and before removal acquaint the Engineer
       with such discovery and shall from time to time deliver the same to such person
       or persons as the Engineer may from time to time appoint to receive the same at
       the expense of the Corporation.
       All fossils, coins, articles of value or antiquity and structures and other remains
       or things of geological or archeological interest discovered in the Site shall, as
       between the Employer and the Contractor, be deemed to be absolute property of
       the Employer. The Contractor, shall take reasonable precautions to prevent his
       workmen or any other persons from removing or damaging any such article or
       thing and shall, immediately upon discovery thereof and before removal,
       acquaint the Engineer of such discovery and carry out the Engineer’s instruction
       for dealing with the same. If by any reason of such instructions, the Contractor
       suffer delay and/or incurs costs then the Engineer shall, after due consultation
       with the Employer, determine:
       (a)    any extension of time to which the Contractor is entitled under clause
              8(d), and
       (b)    the amount of such costs, which shall be added to the Contract Price, and
              shall notify the contractor accordingly, with a copy to Employer.
       Materials of any kind obtained from excavation of the site shall remain the
       property of the Municipal Corporation and shall be disposed off as the Engineer
       may direct.
5.r)   Protection of trees:
       Trees designated by the Engineer shall be protected from damage during the
       course of the work and earth level within one meter of each such tree shall not be
       changed. Where necessary, such trees shall be protected by temporary fencing.
       All such cost shall be borne by the Contractor.
                                          - 104 -
5.s)   Contractor to preserve peace:
       The Contractor shall at all times during the progress of the work take all requisite
       precaution and use his best endeavors for preventing any riotous or unlawful
       behavior by or amongst the workers and other employed on the works and for
       the preservation of peace and protection of the inhabitants and security of
       property in the neighborhood of the works. He shall also pay the charges of such
       special police (if any) as the Engineer may deem necessary.
5.t)   Sanitation:
       The Contractor shall, at his own cost, make all necessary provisions for health
       and safety of his work-people. He shall, when required by the Engineer, provide
       proper latrines and urinals to the satisfaction of the Engineer in such numbers
       and in such localities as he may require, and shall take all steps necessary to
       compel his work-people to resort to such latrines and urinals, and shall dismiss
       from his employ and remove from the works any one detected obeying the calls
       of nature in any place, other than the conveniences allotted for such purposes.
       The said latrines shall be under the superintendence and orders of the Engineer
       or his subordinates, and shall be served with Municipal Halalkhore service. The
       Contractor shall, on no account, allow any huts to be erected on Municipal
       property unless otherwise permitted by the Engineer in writing, to being habited
       after sunset by anyone except the watchmen required for the Works, and none
       of his employees, except such watchmen as aforesaid, shall sleep at night on
       any part of the Works. In case of any offence committed by any of the
       staff/workers or employees of the Contractor against any of the provisions of this
       condition the Contractor shall be liable to a penalty not exceeding Rupees Ten
       thousand per day for every such offense and the same shall be charged to the
       amount of the Contractor.
       If the works are situated outside the limits of Greater Mumbai, rules and
       regulations of the local authority shall be made applicable to the Contractors and
       all the cost and any local taxes thereof shall be borne by the Contractor.
5.u    Safety Provisions:
       The Contractor shall at his own expense arrange for the safety provisions
       indicated in Annexure ‘C’ or as required by the Engineer, in respect of all labour
       directly or indirectly employed for performance of the Works and shall provide all
       facilities in connection therewith. In case the Contractor fails to make
                                          - 105 -
       arrangements and provide necessary facilities as aforesaid, the Engineer shall
       be entitled to do so and recover the costs thereof from the Contractor.
5.v)   Provision of first aid:
       The Contractor shall at his own cost provide and maintain at the site of works a
       standard first aid box as directed and approved by the Engineer for the use of his
       own as well as the Municipal Staff on site.
5.w)   Apprentices :
       The Contractor shall during the term of this agreement maintain as a part of his
       organization system of apprenticeship for training craftsmen, as may be
       approved by the Engineer. Failure on the part of the Contractor to observe the
       stipulations of this condition shall be deemed to be failure to employ a sufficient
       number of proper and efficient workmen within the meaning of Clause 2b and all
       the rights and remedies of the Commissioner therein provided including the
       power to determine the Contract shall be applicable in such case. The
       Contractor shall duly comply with provisions of the Apprentice Act (1961); failure
       or neglect to which he shall be subject to all liabilities and penalties provided by
       the said Act and Rules.
5.x)   Storage of Explosives:
       The Contractor shall obtain the previous permission of the competent authority
       such as the Chief of Fire Services for the site, manner and method of storing
       explosives near the site of work. All handling of explosives, including storage,
       transport shall be carried out under the rules approved by The Petroleum and
       Explosives Safety Organization (PESO) formerly Department of Explosives,
       Nagpur.
5.y)   Contractor’s other liabilities & Insurance:
       From commencement to completion of the works, the Contractor shall take full
       responsibility for the care thereof and for taking precautions to prevent loss or
       damage and to minimize the loss or damage to the greatest extent possible and
       shall be liable for any damage or loss that may happen to the works or any part
       thereof and all Municipal Tools and Plants from any cause whatsoever (Save
       and except Expected Risks) and shall at his own cost repair and make good the
       same so that at completion, the works and all Municipal Tools and Plants shall
       be in good order and condition and in conformity in every respect with the
       requirements of the Contract and instructions of the Engineer.
                                          - 106 -
In the event of any loss or damage to the works or any part thereof or to any Tool
and Plant orto any material or article at the site from any of the Expected Risks of
the following provisions shall have effect.
a.     The Contractor shall as may be directed in writing by the Engineer,
       remove from the site any debris and so much of the works as shall have
       been damaged, taking to the Municipal Stores such Municipal Tools &
       Plants articles and / or materials as may be directed.
b.     The Contractor shall, as may be directed in writing by the Engineer,
       proceed with the erection and completion of the works in accordance with
       the provisions and conditions of the Contract.
c.     There will be added to the Contract price the net amount due, ascertained
       in the same manner as per deviations, or as prescribed for payment, in
       respect of the re-execution of the works lost or damaged, the replacement
       of any Tools and Plants and of any materials and articles lost or damaged
       but not incorporated in the Works on the day when the loss or damage
       occurred and removal, by the Contractor as provided above of Municipal
       Tools and Plants, articles and / or materials to the municipal stores and of
       the debris and damaged works referred to therein.
       Before commencing execution of the work, the Contractors shall without
       in any way limiting his obligations and responsibilities under this
       condition, insure against any damage loss or injury which may occur to
any property (Private, Government and / or Municipal) or to any person(including
any employee of the Municipal Corporation) by or arising out of the contract.
“All insurances to be affected by the Contractors and / or his sub-contractors
shall be taken out with Directorate of Insurance, Maharashtra State only”. In
case, however, a particular aspect isnot covered under the policy to be obtained
from the Directorate of Insurance, Maharashtra State, the Contractor will be
allowed to have such insurance from other insurance company with the prior
permission of the Commissioner.
If required by the Engineer, the Contractor shall, without limiting the obligations
and responsibilities under this condition insure that work (from commencement
to completion) the Municipal Tools and Plants hired by the Contractor and all
materials at site at their full value against the risk of loss or damage from
whatever cause arising, other than that of the Excepted Risks. The said
                                   - 107 -
insurance shall be in the joint names of the Commissioner and the Contractor
,and the Contractor shall deposit with the Commissioner the said policy or
policies along with the receipts for premium of such insurance from time to time.
All moneys payable by the insurer sunder such policy or policies shall be
recovered by the Municipal Corporation and shall be paid to the Contractor in
installments by the Commissioner for the purpose of rebuilding or replacement
or repair of the works and or goods destroyed or damaged as the case may be.
If the Contractor has a blanket insurance policy for all his works and the policy
covers all the items to be insured under this condition, the said policy shall be
assigned by the Contractor, in favor of the Municipal Corporation; provided,
however, if any amount is payable under the policy by the insurers in respect of
Works other than the works under this Contract the same may be recovered by
the Contractor directly from the insurers.
PROVIDED always that the Contractor shall not be entitled to payment under the
above provisions in respect of so much loss or damage as have been
occasioned by any failure on his part to perform his obligations under the
Contract or not taking precautions to prevent loss or damage or minimize the
amount of such loss or damage.
Where a Municipal Building part thereof is rented by the contractor or is allowed
to be used by him he shall insure the entire building if the building or any part
thereof is used by him for the purpose of storing or using materials of
combustible nature as to which the decision of the Engineer shall be final and
binding.
The Contractor shall indemnify and keep indemnified the Municipal Corporation
against all losses and claims for injuries or damage to any person or any
property whatsoever which may arise out of or in consequence of the
construction and maintenance of the work and against all claims, demands,
proceedings, damages, coasts, charges and expenses whatsoever in respect
of or in relation thereto.
PROVIDED always that nothing herein contained shall be deemed to render the
Contractor liable for or in respect of or to the Municipal Corporation against any
compensation or damage caused by the Expected Risks.
The Contractor shall at all times indemnify the Municipal Corporation against all
claims, damages or compensation under the provisions of Payment of Wages
                                  - 108 -
Act, 1936, Minimum Wages Act 1948, Employers Liability Act, 1938, the
Workmen’s Compensation Act, 1923,Industrial Dispute Act 1947, Indian
Factories Act 1948 and Maternity Benefit Act 1961 or any modifications thereof
and rules made there under from time to time or as a consequence or any
accident or injury to any workman or other persons in or about the works,
whether in the employment of the Contractor or not, save and except where such
accident or injury have resulted from any act of the Municipal Corporation, their
agents or servants and also against all cost, charges and expenses of any suit,
action or proceedings arising out of such accident or injury and against all sum or
sums which may with the consent of the Contractor be paid to compromise or
compound any such claim without limiting his obligations and liabilities as above
provided. The Contractor shall insure against all claims damages or
compensation payable under the various acts mentioned above or any
modifications thereof or any other law relating thereto. Third party policy should
be valid till the end of contractual obligation of contractor for reasons attributable
to the scope of work of contractor.
The aforesaid insurance policies shall provide that they shall not be canceled till
the Commissioner has agreed to their cancellations.
The Contractor shall prove to the Commissioner from time to time that he has
taken out all the insurance policies referred to above and has paid the necessary
premium for keeping the policies alive till the expiry of the Defects Liability Period
after completion of work for a period not exceeding 12 months as per directives
of Directorate of Insurance, Maharashtra State.
The Contractor shall ensure that similar insurance policies are taken out by his
sub-Contractors (if any) and shall be responsible for any claims or losses to the
Municipal Corporation resulting from their failure to obtain adequate insurance
protection in connection thereof. The Contractor shall produce or cause to be
produced by his Sub-Contractor (if any) as the case may be, the relevant policy
or policies and premium receipts as and when required by the Commissioner.
If the Contractor and / or his sub-Contractors (if any) shall fail to effect and keep
in force the insurance referred above for any other insurance which he / they
may require to effect under the terms of Contract then and in any such case the
Commissioner may without being bound to effect and keep in force any such
insurance and pay premium or premium as may be necessary for that purpose
                                    - 109 -
       and from time to time deduct the amount so paid by the Municipal Corporation
       plus 20 percent of premium or permit amount as service charges from any
       money due or which may become due to the Contractor or recover the same as
       debt from the Contractor. All insurances to be effected by the contractor and / or
       his sub-contractor shall be taken out only with the insurance Company or
       companies approved by the Municipal Commissioner.
       The Contractors shall conform in all respects, including, by the giving of all
       notices and the paying with all the fees, with the provision of:
       (a)    Any National or State Statute, Ordinance, or other Law, or any regulation,
              or bye-law of any local or other duly constituted authority in relation to the
              execution and completion of the Works and the remedying of any defects
              therein, and
       (b)    The rules and regulations of all public bodies and companies whose
              property or rights area affected or may be affected in any way by the
              Works , and the Contractor shall keep the Employer indemnified against
              all penalties and liability of every kind for breach of such provision.
              Provided always that the employer shall be responsible for obtaining any
              planning, zoning or other similar permission required for the Works to
              proceed and shall indemnify the Contractor.
5.z)   Changes in constitution: Where the contractor is a partnership firm, the prior
       approval in writing of the Commissioner shall be obtained before any change is
       made in the constitution of the firm. Where the contractor is an individual or
       Hindu Undivided Family business concern such approval as aforesaid shall
       likewise be obtained before the contractor enters into any partnership
       agreement where under the partnership form would have the right to carry out
       the work hereby undertaken by the Contractor. If prior approval as aforesaid is
       not obtained the contract shall be deemed to have been assigned in
       contravention of the condition no.13 g here of and the same action may be taken
       and the same consequences shall ensure as provided for in the said condition.
5.aa) Facilities to the other Contractors :
       The contractor shall, in accordance with the requirements of the Engineer, afford
       all reasonable facilities to other Contractors engaged contemporaneously on
       separate Contracts in connection with the Works and for departmental labour
       and labour of any other properly authorized authority or statutory body which
                                          - 110 -
      may be employed at the Site on execution of any work not included in the
      Contract or of any Contract which the Municipal Corporation may enter into in
      connection with or ancillary to the Works.
5.ab) Patent, Right and Royalties:
      The contractor shall save harmless and indemnify the Corporation from and
      against all claims and proceedings for or on account of infringement of any
      Patent rights, design trademark or name of other protected rights in respect of
      any constructional plant, machine work, or material used for or in connection
      with the Works or any of them and from and against all claims, proceedings,
      damages, costs, charges and expenses whatsoever in respect thereof or in
      relation thereto. Except where otherwise specified, the contractor shall pay all
      tonnage and other royalties, rent and other payments or compensation, if any,
      for getting stone, sand, gravel ,clay or other materials required for the works or
      any of them.
5.ac) Production of Vouchers:
      The Contractor shall, produce all quotations, invoices vouchers and accounts or
      receipt etc. toprove that the materials supplied by him are in conformity with the
      specifications laid down in the Contract and the same are brought to the site and
      utilized on the said works.
5.ad) Employment of local personnel:
      The contractor is encouraged to the extent practicable and reasonable to employ
      staff and labour with appropriate qualifications from locally or within India
      available man power.
5.ae) Personnel:
      The Contractor shall employ the key personnel named in the schedule of key
      personnel (annexure E) or other personnel approved by the Engineer to carry
      out the functions. The Engineer will approve any proposed replacement of key
      personnel only if their qualifications, abilities and relevant experience are
      substantially equal to or better than those of the personnel listed in the schedule.
5. af) Contractor to keep site clear / Clearance of site after completion of works:
      i)     Upon the issue of any Taking over certificate the Contractor shall clear
             away and remove from that part of the site to which such Taking-over
             Certificate relates all contractor’s equipment, surplus materials, rubbish
             and temporary works of every kind, and leave such part of the siteand
                                         - 111 -
              works clean and in a workman like condition to the satisfaction of the
              Engineer. If the contractor does not clear the site within 15 days all
              material will be confiscated and no compensation shall be paid and the
              site will be cleared at risk and cost of the Contractor. A penalty of
              minimum Rs5000/ per day per site on part thereof shall be levied on the
              contractor till the requirements of this clause are complied with
              satisfaction of the Engineer.
       ii)    Contractor shall ensure that all vehicles leaving the site shall be cleared
              adequately to avoid spreading of dirt, dust and mud in the surrounding
              premises. Also, no material carried in the vehicle shall be allowed to spill
              material over the sides on the roads, pavement, etc. Any noncompliance
              will attract penalty as per condition number 14a.
5. ag) Clearance of site after completion of works:
       Upon the issue of any Taking over certificate the Contractor shall clear away and
       remove from that part of the site to which such Taking-over Certificate relates all
       contractor’s equipment, surplus materials, rubbish and temporary works of every
       kind, and leave such part of the site and works clean and in a workman like
       condition to the satisfaction of the Engineer. If the contractor does not clear the
       site within 15 days all material will be confiscated and no compensation shall be
       paid and the site will be cleared at risk and cost of the Contractor.
6.     Labour:
6.a)   Employment of labour:
       i)     The Contractor shall employ the labour in sufficient numbers to maintain
              the required rate of progress and of quality to ensure workmanship, of the
              degree specified in the Contract and to the satisfaction of the Engineer.
              The Contractor shall not employ in connection with the Work any child
              who has not completed his 15th year of age. He shall also not employ an
              adolescent who has not completed his 18th year unless he is certified fit
              for work as an adult as prescribed under clause (b) of sub-section (2) of
              section 69 of the Factories Act, 1948.
              The Contractor shall also see that all the provisions regarding
              employment of yond persons covered by the Employment of Children Act,
                                          - 112 -
       1933 and the Factories Act, 1948 as amended from time to time shall be
       fully complied with. The Contractor shall also see that the provisions set
       for under the Minimum Wages Act and contract regulation and abolition
       Act, 1970 with the Maharashtra Contract Labour (Regulation and
       Abolition) Rules 1971 as amended from time to time are fully complied
       with by him and shall maintain necessary registers and records for
       payment of wages, overtime, etc. made to his workmen as required by the
       Conciliation Officer(Central), Ministry of Labour, Government of India, or
       such other authorized person appointed by the Central or State
       Government.
       The Contractor shall make his own arrangement for the engagement of all
       labour local or otherwise.
       The Contractor shall be encouraged to employ, to the extent practicable
       and reasonable, staff and labour from sources within India.
       The Contractor shall indemnify the Municipal Corporation or any agent,
       servant or employee of Municipal Corporation for any lapses on the part
       of contractor on account of non-compliance of above referred acts.
ii)    Supply of Water : The Contractor shall having regard to local conditions,
       provide on the site, to the satisfaction of the Engineer’s representative, an
       adequate supply of drinking and other water for the use of Contractor’s
       staff and work people.
iii)   Alcoholic Liquor or drugs: The Contractor shall not otherwise than in
       accordance with statutes, ordinances and Government regulation or
       orders for the time being in force, import, sell, give, barter or otherwise
       dispose of any alcoholic liquor or drugs, or permit or suffer any such
       importations, sale, gift, barter or disposal of his sub-contractor, agents or
       employees.
iv)    Arms and Ammunitions: The Contractor shall not give, barter or otherwise
       dispose off to any person or persons, any arms or ammunitions of any
       kind or permit or suffer the same as aforesaid.
v)     Festivals and Religious Custom: The Contractor shall in all dealings with
       labour in his employment have due regard to all recognized festivals,
       days of rest and customs religious or other customs.
vi)    Epidemics: In the event of any out-break of illness of an epidemic nature
                                    - 113 -
        the contractor shall comply with and carry out such regulations, orders
        and requirements as may be made by the Government or the local
        medical or sanitary authorities for the purpose of dealing with and
        overcoming the same.
vii)    Disorderly conducts etc: The Contractor shall at all times take all
        reasonable precautions to prevent any unlawful, riotous or disorderly
        conduct by or amongst his employees and for the preparation of peace
        and protection of persons and property in the neighborhood of the works
        against the same.
viii)   Observance by Sub-contractors :The Contractor shall be responsible for
        observance by his sub-contractors of the foregoing provisions.
ix)     Return of Labour etc: The Contractor shall, if required by the Engineer,
        deliver this to the Engineer’s Representative, or office, a return in detail in
        such form and at such intervals as Engineer may prescribe showing
        supervisory staff and the number of the several class of labour from time
        to time employed by the Contractor on the Site and such information
        respecting constructional plant as the Engineer’s representative may
        require.
x)      Safety Engineer: The Contractor shall have on his staff at the Site an
        officer whose sole task shall be to deal with matters regarding the safety
        and protection against accidents of all staff, labour and Contractor's
        Equipment. This officer shall be qualified for this work and shall havethe
        authority to issue instructions and shall take protective measures to
        prevent accidents.
xi)     Burial or Cremation of the Dead: The Contractor shall make all necessary
        arrangements for the transport, to any place as required for burial or
        cremation, of any of his expatriate employees or members of their
        families who may die in India. The Contractor shall also be responsible to
        the extent required by the local regulations, for making any arrangements
        with regard to burial or cremation of any of his local employed who may
        die while engaged upon the Works.
xii)    Work Permits for Foreign Personnel: The Government of India maintains
        a system of strict regulations concerning the employment and residence
        of foreign personnel in India.
                                    - 114 -
       xiii)   Measures Against Insect and Pest Nuisance : As soon as practicable
               after receipt of the Letter of Acceptance, the Contractor shall ascertain
               the current requirements of the regulations from the authorities
               concerned and shall ensure that such requirements are complied with in
               all respects.
       xiv)    Repatriation of Labour :The Contractor shall be responsible for the timely
               acquisition and subsequent maintenance of the necessary permits for all
               of his employees who are required to work and/or reside in India at any
               time during the course of the Contract. The Contractor shall further
               ensure that all Sub-Contractors employed by him comply with the
               forgoing requirements in respect of their employees
6.b)   Compliance with Labour Regulation:
       During compliance of the contract, the Contractor and his sub-contractors shall
       abide at all times by all existing labour enactments and rules made there under,
       regulations, notifications and bye laws of State or Central Government or local
       authority and any other law (including rules), regulations, bye laws that may be
       issued under any labour law in future either by the Stage or the Central
       Government or the local authority. Salient features of some of the major labour
       laws that are applicable to construction industry are given below. The provisions
       quoted are only indicative. The contractor should refer the latest labour
       regulations bye-laws etc. The Contractor shall keep the Employer indemnified in
       case any action is taken against the Employer by the competent authority on
       account of contravention of any of the provisions of any Act or rules made there
       under, regulations or notifications including amendments. The Employer is
       caused to pay or reimburse, such amounts as may be necessary to cause of
       observe, or for non-observance of the provisions stipulated in the notifications
       including amendments if any, on the part of the contractor, the Engineer /
       Employer shall also have right to recover from the contractor any sum required
       or estimated to be required for making good the loss or damage suffered by the
       Employer.
       The employees of the contractor and the sub-contractor in no case shall be
       treated as the employees of the Employer at any point of time.
                                         - 115 -
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO
ESTABLISHMENTS        ENGAGED            IN   BUILDING       AND      OTHER
CONSTRUCTION WORK.
•   Workman Compensation Act, 1923:
    The Act provides for compensation in case of injury by accident arising
    out of and during the course of employment.
•   Payment of Gratuity Act, 1972:
    Gratuity is payable to an employee under the Act on satisfaction of certain
    conditions on separation if an employee has completed 5 years service or
    more or on death at the rate of15 days wages for every completed year of
    service. The act is applicable to all establishments employing 10 or more
    employees.
•   Employees PF and Miscellaneous Provision Act, 1952:
    The Act provides for monthly contributions by the employer plus workers
    @ 10% or 8.33%.
    The benefits payable under the Act are –
    •   Pension or family pension on retirement or death as the case may be.
    •   Deposit linked insurance on the death in harness of the worker.
    •   Payment of PF accumulation on retirement / death, etc.
•   Maternity Benefit Act, 1951:
    Act provides for leave and some other benefits to women employees in
    case of confinement or miscarriage etc.
•   Contract labour (Regulation and Abolition) Act, 1970:
    The Act provides for certain welfare measures to be provided by the
    contractor to contract labour and in case the contractor fails to provide,
    the same are required to be provided by the Principal Employers by law.
    The principal employer is required to take Certificate of Registration and
    the Contractor is required to take a License from the designated Officer.
    The Act is applicable to the establishment or contractor of principle
    employer if they employ20 or more contract labour.
•   Minimum Wages Act, 1948:
    The Employer is supposed to pay not less than the Minimum Wages fixed
    by appropriate Government as per provisions of the act if the employment
    is a scheduled employment Construction of buildings, roads, runways are
                               - 116 -
    scheduled employments.
•   Payment of Wages Act, 1936:
    It lays down as to by what date the wages are to be paid, when it will be
    paid and what deductions can be made from the wages of the workers.
•   Equal Remuneration Act, 1979:
    The Act provides for payment of equal wages for work of equal nature to
    Male & Female workers and not for making discrimination against Female
    employees in the matters of transfers, training and promotions, etc.
•   Payment of Bonus Act, 1965:
    The Act is applicable to all establishments employing 20 or more
    workmen. The Act provides for payments of annual bonus subject to a
    minimum of 8.33% of wages and maximum of 200% of wages to
    employees drawing Rs.35,000/- p.m. or less. The bonus to be paid to or
    employees getting Rs.2,500/- p.m. above upto 3,500/- p.m. shall be
    worked out by taking wages as Rs.2,500/- p.m. only. The act does not
    apply to certain establishments. The newly set up establishments are
    exempted or five years in certain circumstances. Some of the State
    Governments have reduced the employment size from 20 to 10 for the
    purpose of applicability of the Act.
•   Industrial Disputes Act, 1947:
    The Act lays down the machinery and procedure for resolution of
    industrial disputes, in what situations a strike or lock-out becomes illegal
    and what are the requirements for laying off or retrenching the employees
    or closing down the establishment.
•   Industrial Employment (Standing Orders) Act, 1946:
    It is applicable to all establishments employing 1000 or more workmen
    (employment size reduced by some of the States and Central
    Government to 50). The Act provides for laying down rules governing the
    conditions of employment by the employer or matters provided in the Act
    and get the same certified by the designated Authority.
•   Trade Unions Act, 1926:
    The Act lays down the procedure for registration of trade unions of
    workmen and employers. The trade unions registered under the Act have
    been given certain immunities from civil and criminal liabilities.
                                - 117 -
•   Child labour (prohibition and regulation) Act, 1986:
    The Act prohibits employment of children below 14 years of age in certain
    occupation and processes and provides for regulation of employment of
    children in all other occupations and processes. Employment of child
    labour is prohibited in Building and Construction Industry.
•   Inter-State migrant    Workmen’s (Regulation       of   Employment   and
    Conditions of Service) Act,1979:
    The Act is applicable to an establishment which employs 5 or more
    inter-state migrant workmen through an intermediary (who has recruited
    workmen in one state for employment in the establishment situated in
    another state). The inter-state migrant workmen, in an establishment to
    which this Act becomes applicable, are required to be provided certain
    facilities such as housing, medical aid, traveling expenses from home
    upto the establishment and back, etc.
•   The Building & other Construction Workers (Regulation of Employment
    and Conditions of Service) Act, 1996 and the Cess Act of 1996.
    All the establishments who carry on any building or other construction
    work and employ 10or more workers are covered under this Act. All such
    establishments are required to pay cess at rate no exceeding 2% of the
    cost of construction as may be notified by the government. The employer
    of the establishment is required to provide safety measures at the
    Building or Construction work and other welfare measures, such as,
    Canteens, First-Aid facilities, ambulance, housing accommodation for
    workers near the workplace etc. The employer to whom the Act applies
    has to obtain a registration certificate from the Registering Officer
    appointed by the Government.
•   The Factories Act, 1948:
    The Act lays down the procedure for approval of plans before setting up a
    factory, health and safety provisions, welfare, working hours, annual
    earned leave and rendering information regarding accidents or
    dangerous occurrences to designated authorities. It is applicable to
    premises employing 10 persons or more with aid of power or 20 or more
    persons without the aid of power engaged in manufacturing process.
                               - 118 -
             E.S.I.C. Act, 1948
              The tenderer shall have valid registration certificate under E.S.I.C Act
              1948, if the tenderer/bidder has less than 10(ten) or more than 20(twenty)
              Employee/persons on his establishment and work is carried out with the
              help of energy. This shall be submitted on undertaking on stamp paper of
              Rs.100/-.
6.c)   Regulation Employment Welfare:
       The Contractor, which expression shall include sub-contractor or any such
       person or group of persons representing the contractor who are and, required to
       handle iron and steel materials shall register themselves as employer with the
       Mumbai Iron and Steel Labour Board and shall completely fulfill all the obligatory
       provisions of the Maharashtra Mathadi, Hamal and other Manual Workers
       (Regulation of Employment Welfare Act, 1969) and the Mumbai Iron and Steel
       Unprotected Workers (Regulation of Employment and Welfare Scheme, 1970).
       The consequences of failure of compliance of any of these provisions will
       entirely be the liability and responsibility of the Contractor.
                                           - 119 -
       Contractor, where required, in obtaining clearance through the Customs of
       Contractor’s equipment, material and other things required for the Works but
       shall not be liable to the Contractor for any loss resulting from clearance being
       delayed or refused.
7.b)   Use of Specification B.I.S.:
       In case where no particular specification is given for any article to be used under
       the contract, the relevant specification, where on B.I.S. exists, of the Bureau of
       Indian Standards.( BIS 1200) shall apply.
       The contractor shall execute the whole and every part of the work the most
       substantial and workman like manner and both has regards material and every
       other respect in strict accordance with specifications. The contractor shall also
       confirm exactly, fully and faithfully to the designs, drawings and instructions in
       writing relating to the work signed by the Engineer In charge and lodged in his
       office and to which the contractor shall be entitled to have access for the purpose
       of inspection at such office, or on the site or work during office hours. The
       contractor shall be entitled to receive three sets of contract drawings and
       working drawings as well as one certified copy of the accepted tender along with
       the work order free of cost.
7.c)   Work to be open to Inspection and Contractor or Responsible agent to be
       present:
       All works under or in course of execution or executed in pursuance of the
       contract shall at all times be open to the inspection and supervision of the
       Eng-in-charge and his subordinates and the contractor shall at all times during
       the usual working hours, at all other times, during the usual working hours and at
       all other times at which reasonable notice of the intention of the Eng-in-charge
       and his subordinates to visit the works shall have been given to the contractor,
       either himself be present to receive orders and instruction or have responsible
       agent duly accredited in writing present for that purpose. Order given to the
       contractors’ duly authorized agent shall be considered to have the same force
       and effect as if they had been given to the contractor himself.
       The Engineer and any person authorized by him shall at all reasonable times
       have access to the site and to all workshops and places where materials or plant
       are being manufactured. Fabricated or prepared for the works and the contractor
       shall afford every facility for and every assistance in obtaining the right to such
                                         - 120 -
access.
The Engineer shall be entitled, during manufacture, fabrication or preparation to
inspect and test the material and plan to be supplied under the contract. If
materials or plant are being manufactured, fabricated or prepared in workshops
or places other than those of contractor, the contractor shall obtain permission
for the Engineer to carry out such inspection and testing in those workshop or
places. Such inspection or testing shall not release the Contractor from any
obligation under the contract.
All works embracing more than one process shall be subject to examination and
approval at each stage thereof and the contractor shall give due notice to the
Engineer or his authorized representative when each stage is ready. In default of
such notice, the Engineer shall be entitled to appraise the quality and extent
thereof.
No work shall be covered up or put out of view without the approval of the
Engineer or his authorized representative and the contractor shall afford full
opportunity for examination and measurement of any work which is about to be
covered up or out of view and for examination of foundation before permanent
work is placed thereon.
The Contractor shall give due notice to the Engineer or his authorized
representative whenever any such work or foundation is ready for examination
and the Engineer or his representative shall without unreasonable delay, unless
he consider 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.
The contractor shall agree with the Engineer on the time and place for the
inspection or testing of any materials of plans as provided in the contract. The
Engineer shall give the contractor reasonable advance notice of his intention to
carry out the inspection or to attend the tests. If the Engineer, or his duly
authorized representative, does not attend on the date agreed, the contractor
may, unless otherwise instructed by the Engineer, proceed with the tests, which
shall be deemed to have been made in the presence of the Engineer. The
contractor shall forth with forward to the Engineer duly certified copies of the test
                                   - 121 -
readings. If the Engineer has not attended the tests, he shall accept the said
readings as correct.
If at the time and place agreed the materials or plant are not ready for inspection
or testing or if, as a result of the inspection or testing referred to in this Clause,
the Engineer determines that the materials or plant are defective or otherwise
and not in accordance with the contract, he may reject the materials or plant and
shall notify the Contractor thereof immediately. The notices hall state the
Engineer’s objections with reasons. The contractor shall then make good the
defect or ensure that rejected materials or Plant comply with the contract. If the
Engineer so requests, the tests of rejected materials or plant shall be made or
repeated under the same terms and conditions. All costs incurred by the
Employer by the repetition of the tests shall after due consultation with the
Employer be determined by the Engineer and shall be recoverable from the
contractor by the Employer and maybe deducted from any sums due or to
become due to the contractor and the Engineer shall notify the contractor
accordingly.
The Engineer shall have authority to issue instructions from time to time for (a)
the removal from the site within such time or times as may be specified in the
instruction of any materials or plant which is the opinion of the Engineer, are not
in accordance with the contract. (b) the substitution of proper and suitable
materials or plant and (c) the removal and proper re-execution notwithstanding
any previous test thereof or interim payment therefore of any work which in
respect of :
i)     Materials plant or workmanship or
ii)    Design by the contractor or for which he is responsible, is not, in the
       opinion of the Engineer, in accordance with the contract.
In case of default on the part of the contractor in carrying out such instruction
within the time specified therein or, if not, within a reasonable time, the Employer
shall be entitled to employer and a other persons to carry out the same and all
costs consequent thereon or incidental shall, after due consultation with the
Employer, be determined by the Engineer and shall be recoverable from the
contractor by the Employer from any monies due or to become due to the
contractor and the Engineer shall notify the contractor accordingly.
Departmental officers concerned with the works shall have powers to any time to
                                    - 122 -
       inspect examine any part of the works and the contractor shall give such facilities
       as may be required for such inspection and examination.
       The Engineer may delegate inspection and testing of materials or plant to an
       independent inspector. For this purpose such independent inspector shall be
       considered as an assistant of the Engineer. Notice of such appointment (not
       being less than 14 days) shall be given by the Engineer to the Contractor.
7.d)   Uncovering and making good:
       The Contractor shall uncover any part of the works and / or make opening in or
       through the same as the Engineer may from time to time direct for his verification
       and shall reinstate and make good such part to the satisfaction of the Engineer, if
       any such part has been covered up or put out of view after being approved by the
       Engineer and is subsequently found on uncovering to be executed in
       accordance with the contract, the expenses of uncovering and / or making
       openings in or through, reinstating and making good the same shall be borne by
       the Corporation except in cases where uncovering etc is ordered by the
       Engineer as a reasonable consequence of previously detected defective work or
       its symptoms suggesting a failure to comply with the contract. In any other case
       all such expenses shall be borne by the Contractor.
       7.d.i) Notice To Be Given Before Work Is Covered Up
              The contractor shall give not less than ten days’ notice in writing to the
              Eng-In-Charge or his subordinate in charge of the work before covering
              up or otherwise placing beyond the reach of measurement any work in
              order that the same may be measured and correct dimension thereof
              taken before the same is so covered up or placed beyond the reach of
              measurements and shall not cover up or place beyond the reach of
              measurement any work without the consenting writing of the
              Eng-In-Charge or his subordinate in charge of the work, and if any work
              shall be covered up or placed beyond the reach of measurement, without
              such notice having been given or consent obtained the same shall be
              uncovered at the contractors expenses, and in default thereof no
              payment or allowance shall be made for such work or for the materials
              with which the same was executed.
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7.e)   Materials:
       Material to be provided by the Contractor:
       All materials to be provided by the Contractor shall be in conformity with the
       specifications laid down in the contract and the Contractor shall, furnish proof to
       the satisfaction of the Engineer that the materials so comply. Contractor shall
       produce proof viz. challans, bills, vouchers, etc. so as to ensure that the material
       was brought on site and quantities used as per the norms, specifications, etc.
       The Contractor shall, at his own expense and without delay, supply to the
       Engineer samples of materials proposed to be used in the Works. The Engineer
       shall within seven days of supply of samples or within such further period as he
       may require and intimated to the contractor in writing, inform the contractor
       whether the samples are approved by him or not. If the samples are not
       approved the contractor shall forthwith arrange to supply to the Engineer for
       approval fresh samples complying with the specifications laid down in the
       contract.
       The Engineer shall have full powers to require removal of any or all of the
       materials brought to site by the Contractor which are not in accordance with the
       contract specifications or which does not conform in character or quality to the
       samples approved by him. In case of default on the part of the Contractor in
       removing the rejected materials, the Engineer shall be at liberty to have them
       removed by other means. The Engineer shall have full powers to procure other
       proper materials to be substituted for rejected materials and in the event of the
       Contractor refusing to comply, he may cause the same to be supplied by other
       means. All costs, which may attend upon such removal and / or substitution shall
       be borne by the Contractor.
       Subject as hereinafter provided in Clause 3(a), all charges on account of Octroi,
       terminal or sales tax and other duties on material obtained for the works from
       any source shall be borne by the Contractor.
       The Engineer shall be entitled to have tests carried out as specified in the
       contract for any materials supplied by the Contractor other than those for which
       as stated above, satisfactory proof has already been produced, at the cost of the
       contractor and the contractor shall provide at his expense all facilities which the
       Engineer may require for the purpose.
       If no tests are specified in the contract, and such tests are required by the
                                          - 124 -
       Engineer the contractor shall provide all facilities required for the purpose and
       charges for these tests shall be borne by the contractor. In case of third party
       audit, the cost implication has to be borne by the contractor.
       The cost of the materials consumed in test shall be borne by the contractor in all
       cases except when otherwise provided. If the materials used on works are found
       to be substandard in the test, then the same will be removed by the contractor
       and replaced by good materials at his cost.
7.f)   Stock of Materials required:
       The Contractor shall at his own expense provide and furnish himself with sheds
       and yards in such situations and in such numbers as, in the opinion of the
       Engineer are requisite for carrying out the Works under this contract, and the
       Contractor shall keep at each of the sheds and yards a sufficient quantity of
       materials in stock so as not to delay the carrying out of works with due expedition
       and the Engineer and his subordinates shall have free access to the said sheds
       or yards at any time for the purpose of inspecting the stock of materials so kept in
       hand any material or article, which the Engineer may object to, shall not be
       brought upon or used in the work but shall be forthwith removed from the sheds
       or yards by the contractor at his own cost. The contractor will however be
       allowed to use for the above purpose the completed portion of the buildings if
       available.
7.g)   Photographs of the works:
       No photographs of the work or any part there of or equipment employed thereon
       shall be take nor permitted by the contractor to be taken by any of his employees
       or any employees of his sub-contractor without the prior approval of the
       Engineer in writing and no such photographs shall be published or otherwise
       circulated without the approval of the Engineer in writing.
8.     Suspension, Commencement and delays
8.a)   Suspension of work:
       •      The contractor shall, on receipt of the order in writing of the Engineer,
              suspend the progress of the Works or any part thereof for such time and
              in such manner as the Engineer may consider necessary for any of the
              following reasons:-
              •      On account of continued non-compliance of the instructions of the
                                          - 125 -
                     Engineer or any other default on the part of the contractor, or
              •      For proper execution of the works or part thereof for reasons other
                     than the default of the contractor, or
              •      For safety of the works or part thereof.
              The contractor shall, during such suspension, properly protect and secure
              the works to the extent necessary and carry out the instructions given in
              that behalf by the Engineer.
       •      If the supervision is ordered for reasons (i) 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.
              If the suspension is ordered for reasons of (i) in sub-para (a) above, the
              Engineer shall have powers to suspend the payment under the contract.
              Such suspension of payment may be continued until default shall have
              been rectified.
8.b)   Rate of progress:
       If for any reason, which does not entitle the Contractor to an extension of time,
       the rate of progress of the Works or any Section is at any time, in the opinion of
       the Engineer, shall so notify the Contractor who shall thereupon take such steps
       as are necessary, subject to the consent of the Engineer, to expedite progress
       so as to comply with the Time for completion.
       The Contractor shall not be entitled to any additional payment for taking such
       steps. If, as a result of any notice given by the Engineer under this Clause, the
       Contractor considers that it is necessary to do any work at night or on locally
       recognized days of rest, he shall be entitled to seek the consent of the Engineer
       so to do. Provided that if any steps, taken by the Contractor in meeting his
       obligations under this Clause, involve the employer in additional supervision
       costs, such costs, shall, after due consultation with the Employer, be determined
       by the Engineer and shall be recoverable from the Contractor by the Employer,
       and maybe deducted by the Employer from any monies due or to become due to
       the Contractor and the Engineer shall notify the Contractors accordingly.
8.c)   Restriction on Working Hours:
       i.    No work shall be done between sunset and sunrise or on Sunday or
              Municipal holidays and except with the special sanction of the Engineer in
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       writing previously obtained and the withholding of such sanctions shall be
       no ground of complaint on the part of the contractor or cause for
       compensation to him, or excuse for not completing the work within the
       contract period. The period within which the work has to be carried out
       and completed has been fixed in terms of this clause with the provision
       that the total number of hours of work permissible shall not exceed 48
       hours in a week and in no case more than 8 hours on any working day,
       the actual time within which the said hours shall be worked being subject
       to mutual arrangements with the Contractor at the commencement of the
       works or from time to time as may be required and provided that all works
       shall be stopped for rest and meals for one hour at about mid-day
       exclusive of the permissible hours aforesaid for the works.
       Though sanction may be accorded to the Contractor to work on days and
       at times otherwise normally non-permissible under this Contract, the
       Contractor shall be required to bear the cost for such supervision as in the
       opinion of the Engineer may be necessary at these times. Also he has to
       obtain the necessary permission from police for working at night times
       and otherwise normally non-permissible times.
       It should be distinctly understood that the granting of permission to work
       extra hours or to work on Sundays and holidays will be entirely at the
       discretion of the Engineer and cannot be claimed by the Contractor as a
       matter of right.
ii.    If on the other hand the Engineer requires that the work shall be
       proceeded with on days and at times otherwise normally non-permissible
       under this contract the contractor shall proceed with the work but he will
       not be required in such cases to bear the cost of the Municipal
       establishment employed at the time.
The contractor at all times during the continuance of this contract shall in all his
dealings with local labour for the time being employed on the works
contemplated by this contract have due regard to all local festivals and religious
or other customs and all disputes, matters and questions arising between the
contractor and any of his agent on the one hand and any local labour on the
other hand with respect to any matter or thing in any way connected with this
contract shall be decided by the commissioner whose decision shall be final and
                                   - 127 -
       binding on all parties.
8.d)   Commencement Time and Extension for Delay:
       The time allowed for execution for the works as specified in the contract
       documents shall be the essence of the contract. The execution of the works shall
       commence from the date specified by the Engineer in writing. If the contractor
       fails or neglects to commence the execution of the Works as aforesaid, the
       Municipal Corporation shall without prejudice to any other right or remedy will be
       at liberty to forfeit the security deposit absolutely.
       i)     Work during Monsoon: In any case where the time prescribed for
              completion of any work is exclusive of monsoon period. No new trench
              work should be started after 15th May and existing trenches are required
              to be reinstated by 31st May every year. The site shall be cleared in all
              respect including removal of surplus material on or before 10th June of
              every year. The monsoon period shall be deemed to be from 10th June to
              30th September of the calendar year. However, if the contractor is
              permitted by the Engineer to work during any monsoon period, all such
              period shall be taken into account for the calculating the contract period
              on pro-rata basis as under –
              Effective days = Cost of work done during monsoon x No. of days of
                                Total cost of contract works days Contract period
              In the event of the contractor failing to comply with this condition, he shall
              be liable to pay as compensation as stated in condition no.8e.
       ii)    Extension of time for Completion: In the event of –
              a.      force majeure such as acts of God, acts of public enemy, acts of
                      Government, floods, epidemics, etc., or
              b.      abnormally bad weather, or
              c.     serious loss of damage by fire, or
              d.      civil commotion, local combination of workmen, strike or lockout of
                      any of the traders employed on the work, or
              e.      delay on the part of other Contractors or tradesmen engaged by
                      the Employer in executing Works not forming part of the Contract,
                      or
              f.      the ordered variations namely the amount or nature of extra or
                                           - 128 -
              additional work
       g.     reasons stated in Adverse Physical Obstructions or Conditions,
              Delay and Disruption to Progress, or
       any other cause which, in the absolute discretion of the Engineer is
       beyond the Contractor's control..
       Being such as fairly to entitle the Contractor to an extension of the time for
       completion of the works, or any section or part thereof, the Engineer shall,
       determine the amount of such extension and shall notify the Contractor
       accordingly.
iii)   Contractor to provide notification and detailed particulars: Provided that
       the Engineer is not bound to make any determination unless the
       contractor has –
       a)     Within 28 days after such event has first arisen notified the
              Engineer.
       b)     within 28 days, or such other reasonable time as may be agreed by
              the Engineer, after such notification submitted to the Engineer
              detailed particulars of any extension of time to which he may
              consider himself entitled in order that such submission may be
              investigated at the time
iv)    Interim determination of extension:-Provided also that where an event
       has a continuing effect such that it is not practicable for the contractor to
       submit detailed particulars within the period of28 days referred to in sub
       clause 8(d), he shall nevertheless be entitled to an extension of time
       provided that he has submitted to the Engineer interim particulars at
       intervals of not more than28 days and final particulars within 28 days of
       the end of the effects resulting from the event. On receipt of such interim
       particulars, the Engineer shall, without undue delay, make an interim
       determination of extension of time and, on receipt of the final particulars,
       the Engineer shall review all the circumstances and shall determine an
       overall extension of time in regard to the event. In both the cases the
       Engineer shall make his determination after due consultation with the
       Employer and the Contractor and shall notify the Contractor of the
       determination, with a copy to the Employer. No final review shall result in
       decrease of any extension of time already determined by the Engineer.
                                   - 129 -
8.e)   Compensation for delay:
       If the Contractor fails to compete the works and clear the site on or before the
       Contract or extended date(s) / period(s) of completion, he shall, without
       prejudice to any other right or remedy of Municipal Corporation on account of
       such breach, pay as agreed compensation, amount calculated as stipulated
       below (or such smaller amount as may be fixed by the Engineer) on the contract
       value of the whole work or on the contract value of the time or group of items of
       work for which separate period of completion are given in the contract and of
       which completion is delayed for every week that the whole of the work of item or
       group of items of work concerned remains uncompleted, even though the
       contract as a whole be completed by the contract or the extended date of
       completion. For this purpose the term ‘Contract Value 'shall be the value of the
       work at Contract Rates as ordered including the value of all deviations ordered.
       •        Completion period for (originally stipulated or as extended) not exceeding
                6 months: to the extent of maximum 1 percent per week.
       •        Completion period for (originally stipulated or as extended) exceeding 6
                months and not exceeding 2 years: to the extent of maximum ½
                percent per week.
       •        Completion period for (originally stipulated or as extended) exceeding 2
                years: to the extent of maximum ¼ percent per week.
       When the delay is not a full week or in multiple of a week but involves a fraction
       of a week the compensation payable for that fraction shall be proportional to the
       number of days involved.
       Provided always that the total amount of compensation for delay to be paid this
       condition shall not exceed the undernoted percentage of the Contract Value of
       the item or group of items of work for which a separate period of completion is
       given.
       i.       Completion period (as originally stipulated or as extended) not exceeding
                6 months: 10percent.
       ii.      Completion period (as originally stipulated or as extended) exceeding 6
                months and not exceeding 2 years: 7½ percent.
       iii.     Completion period (as originally stipulated or as extended) exceeding 2
                years: 5 percent.
       The amount of compensation may be adjusted set off against any sum payable
                                           - 130 -
       to the contractor under this or any other contract with the Municipal Corporation.
8.f)   Action And Compensation Payable In Case Of Bad Work And Not Done As
       Per Specifications :
       All works under or in course of execution or executed in pursuance of the
       contract, shall at all times be open and accessible to the inspection and
       supervision of the Engineer-in charge, his authorized subordinates in charge of
       the work and all the superior officers, officer of the Vigilance Department of the
       MCGM or any organization engaged by the MCGM for Quality Assurance and
       the contractor shall, at all times, during the usual working hours and at all other
       times at which reasonable notice of the visit of such officers has been given to
       the contractor, either himself be present to receive orders and instructions or
       have a responsible agent duly accredited in writing, present for that purpose.
       Orders given to the Contractor's agent shall be considered to have the same
       force as if they had been given to the contractor himself.
       If it shall appear to the Engineer-in-charge or his authorized subordinates
       in-charge of the work or to the officer of Vigilance Department, that any work has
       been executed with unsound, imperfect or unskillful workmanship or with
       materials of any inferior description, or that any materials or articles provided by
       him for the execution of the work are unsound or of a quality inferior to that
       contracted for or otherwise not in accordance with the contract, the contractor
       shall, on demand in writing which shall be made within twelve months of the
       completion of the work from the Engineer-in-Charge specifying the work,
       materials or articles complained of notwithstanding that the same may have
       been passed, certified and paid for forthwith rectify, or remove and reconstruct
       the work so specified in whole or in part, as the case may require or as the case
       may be, remove the materials or articles so specified and provide other proper
       and suitable materials or articles at his own charge and cost. In the event of the
       failing to do so within a period specified by the Engineer-in-Charge in his
       demand aforesaid, then the contractor shall be liable to pay compensation at the
       same rate as under clause 8.e of the contract (for Compensation for delay) for
       this default. In such case the Engineer-in Charge may not accept the item of
       work at the rates applicable under the contract but may accept such items at
       reduced rates as the Engineer in charge may consider reasonable during the
       preparation of on account bills or final bill if the item is so acceptable without
                                          - 131 -
       detriment to the safety and utility of the item and the structure or he may reject
       the work outright without any payment and/or get it and other connected and
       incidental items rectified, or removed and re-executed at the risk and cost of the
       contractor. Decision of the Engineer-in-Charge to be conveyed in writing in
       respect of the same will be final and binding on the contractor.
       If the penalization amount exceeds maximum limit with respect to Clause 8.e of
       Standard General Conditions of Contract, then a show cause notice shall
       necessarily be issued to the contract as to why the contract should not be
       terminated. The contractor will be liable for being banned/ deregistered from
       business dealings with MCGM. This shall be governed by relative provision in
       Registration Rules of MCGM and Cl.no.15 of Standard General Conditions of
       Contract.
8.g)   Completion Certificate:
       1)     As soon as work is completed, the Contractor shall give notice of such
              completion to the Engineer and within 28 (Twenty-eight) days of receipt of
              such notice the Engineer shall inspect the Works and shall furnish the
              Contractor with a certificate of completion indicating (a) the date of
              completion, (b) the defects to be rectified by the Contractor, and / or (c)
              items for which payment shall be made at reduced rates.
              When separate period of completion have been specified for items or
              groups of times, the Engineer shall issue separate completion certificates
              for such items or group of items. No certificate of completion shall be
              issued, nor the works be considered to be complete till the Contractor
              shall have removed from the premises on which the Works has been
              executed, all scaffolding, sheds and surplus materials, except such as
              required for rectification of defects, rubbish and all huts and sanitary
              arrangements required for his workers on the site in connection with the
              execution of Works as shall have been erected by the Contractor or the
              workmen and cleaned al dirt from all parts of building(s) in , upon or about
              which the Work has been executed or of which he may have had
              possession for the purpose of execution thereof and cleaned floors,
              gutters and drains, eased doors and sashes, oiled and fastenings,
              labeled the keys clearly and handed them over to the Engineer or his
              representative and made the whole premises fit for immediate occupation
                                         - 132 -
     or use to the satisfaction of the Engineer. If the Contractor shall fail to
     comply with any of the requirements of this condition as aforesaid, on or
     before the date of completion of works, the Engineer may at the expense
     of the contractor fulfill such requirements and dispose of all the surplus
     materials and rubbish etc. as he thinks fit and the contractor shall have no
     claims in respect of any such material except for any sum actually
     realized by the sale thereof less the cost of fulfilling the requirements and
     any other amount that may be due from the contractor. If the expense of
     fulfilling such requirement is more than the amount realizes on such
     disposal as aforesaid, the contractor shall forthwith on demand pay such
     excess. The contractor’s notice of completion as aforesaid shall have to
     accompanied with one set of tracings of final completion drawings of RTF
     and six bound sets of copies of as built drawings wherever applicable and
     as directed by the Engineer, 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 group 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
     notwithstanding anything expressed or implied elsewhere in this contract.
     (a)    Within 28 days (twenty-eight days) of date of completion of such
            items or group of items or possession of the relevant part the
            Engineer shall issue a completion certificate for the relevant part
            provided the contractor fulfills his obligation for the relevant part as
            in sub-para (1) above.
     (b)    The defects liability period in respect of such items and relevant
            part shall be deemed to have commenced from the certified date of
            completion of such items or relevant part as the case may be.
     (c)    For the purpose of ascertaining compensation for delay under
            condition 8ein respect of any period during which the works are not
            completed the relevant part shall be deemed to form a separate
            item or group, with date of completion as given in the contract or as
            extended under condition 8dand actual date of completion as
                                 - 133 -
                     certified by the Engineer under this condition.
       3)     If any part of the work shall have been substantially completed and shall
              have satisfactorily passed any final test that maybe prescribed under the
              contract, the Engineer may issue a certificate of completion in respect of
              that part of the works before completion of the whole works and upon the
              issue of such certificates, the contractors shall be deemed to have
              undertaken to complete any outstanding works in that part of the works
              during the period of maintenance.
8.h)   Works where PERT chart is required along with Tender:
       The contractor shall along with the tender documents submit a network based on
       principles of PERT / CPM wherever applicable. Milestones and pre-requisites
       should also be highlighted along with broad estimates for major resources like
       cement, steel drawings etc. The Contractors must also specify the minimum
       resources he will exclusively use for this project. This will include all equipment
       and all category of labour.
8.i)   Network Schedule & Monthly Progress Reports:
       On award of the contract, the Contractor shall submit the time schedule for the
       Works in the form of PERT Networks or Bar-chart wherever applicable. 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.
       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 maybe amended as necessary by
       agreement between the Engineer and the Contractor.
       The interim payment (running bill) payable under contract condition 12 (b)shall
       be paid only after the network is finally approved by the Engineer.
       After the issue of the letter of commencement the Contractor shall finalize the
       network to the satisfaction of the Engineer. This network should be detailed with
       a fixed project start and finish dates and should contain no activities with
       duration greater than 28 days. Milestones would be so determined that at least
       10 percent of the events are milestones and no two milestones are more than 3
       months apart.
                                         - 134 -
       The finalized network may be amended from time to time, if felt necessary by the
       Contractor, with the approval of the Engineer. A fixed sum shall be held in
       abeyance at the time of the next interim payment for non-attainment of each
       milestone in the network and shall be released only on completion of the work
       after deducting the compensation for delay if there is contractor’s fault as per
       provision in condition 8eand penalty covered under Clause 14a. The fixed sum
       shall beRs.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.10crores.
       Rs.50,000/- for all contracts over Rs.10 crores.
       If the attainment of the milestones is delayed for reason not attributable to the
       contractors no moneys will be held in abeyance.
       The Contractors will be required to submit the monthly progress reports in the
       given ‘Monthly Report Format’ as per Annexure ‘D’ by the 2nd day of the
       following month to the Engineer with a copy to the Project Planning and Control
       Cell. Failure on the part of the Contractor to submit monthly report in time will
       attract action as per Clause 14a.
8 j)   Management Meetings
       Either the Engineer or the contractor may require the other to attend
       Management meeting. The business of a management meeting shall be to
       review the plans for remaining works.
       Engineers shall record the business of management meetings and is to provide
       copies of his record to those attending the meetings. The responsibility of the
       parties for actions to be taken is to be decided by the Engineer either at the
       management meetings or after the management meetings and stated in writing
       to all who attend the meetings.
8 k)   Contractors remain liable to pay compensation :
       In any case in which any of the powers conferred upon the Engineer In-charge
       by the relevant clauses in documents that form a part of contract as exercised
       or is exercisable in the event of any future case of default by the Contractor, he is
       declared liable to pay compensation amounting to the whole of his security
       deposit. The liability of the Contractor for past and future compensation shall
       remain unaffected.
                                           - 135 -
       In the event of the Executive Engineer taking action against these relevant
       clauses, he may, if he so desires, take possession of all or any tools and plant,
       materials and stores in or upon the work of site thereof or belonging to the
       Contractor or procured by him and intended to be used for the execution of the
       work or any part thereof paying or allowing for the same in account at the
       contract rates, or in the case of contract rates not being applicable at current
       market rates to be certified by the Executive Engineer, may after giving notice in
       writing to the Contractor or his staff of the work or other authorized agent require
       him to remove such tools and plants ,materials or stores from the premises
       within a time to be specified in such notice and in the event of the Contractor
       failing to comply with any such requisition, the Executive Engineer may remove
       them at the contractors expense of sell them by auction or private sell on
       account of the Contractor at his risk in all respects and certificate of the
       Executive Engineer as to the expense of any such removal and the amount of
       the proceeds an expense of any such sell be final and conclusive against the
       Contractor.
8(l)   Extension Of Time In Contracts :
       Subject to any requirement in the contract as to completion of any portions or
       portions of the works before completion of the whole, the contractor shall fully
       and finally complete the whole of the works comprised in the contract (with such
       modifications as may be directed under conditions of this contract) by the date
       entered in the contract or extended date in terms of the following clauses:
       a)     Extension attributable to MCGM
              (i)    Extension Due To Modification: If any modifications have been
                     ordered which in the opinion of the Engineer have materially
                     increased the magnitude of the work, then such extension of the
                     contracted date of completion may be granted as shall appear to
                     the Engineer to be reasonable in the circumstances, provided
                     moreover that the Contractor shall be responsible for requesting
                     such extension of the date as may be considered necessary as
                     soon as the cause thereof shall arise and in any case should not
                     be less than 30 days before the expiry of the date fixed for
                     completion of the works.
              (ii)   Extension For Delay Due To MCGM: In the event of any failure
                                          - 136 -
             or delay by the MCGM to hand over the Contractor possession of
             the lands necessary for the execution of the works or to give the
             necessary notice to commence the works or to provide the
             necessary drawings or instructions or any other delay caused by
             the MCGM due to any other cause whatsoever, then such failure
             or delay shall in no way affect or vitiate the contract or alter the
             character thereof or entitle the contractor to damages or
             compensation therefore, but in any such case, the MCGM may
             grant such extension(s) of the completion date as may be
             considered reasonable.
      Note: For extension of time period as governed in (i) and (ii) above,
      any modifications in design/drawings, specifications, quantities
      shall be needed to be justified with recorded reasons with approval
      of Ch.Eng. for not anticipating the same while preparing estimates
      and draft tender.
(b)   Extension Of Time For Delay Due To Contractor : The time for the
      execution of the work or part of the works specified in the contract
      documents shall be deemed to be the essence of the contract and the
      works must be completed no later than the date(s) / the programme for
      completion of work as specified in the contract. If the contractor fails to
      complete the works within the time as specified in the contract for the
      reasons other than the reasons specified in above as (a.i) and (a.ii), the
      MCGM may, if satisfied that the works can be completed by the contractor
      within reasonable short time thereafter, allow the contractor for further
      extension of time as the Engineer may decide. On such extension the
      MCGM will been titled without prejudice to any other right and remedy
      available on that behalf, to recover the compensation as governed by
      Clause 8(e) of GCC.
      For the purpose of this Clause, the contract value of the works shall be
      taken as value of work as per contract agreement including any
      supplementary work order/contract agreement issued.
      Further, competent authority while granting extension to the currency of
      contract under Clause (b) of as above may also consider levy of penalty,
      as deemed fit based on the merit of the case. Also, the reasons for
                                 - 137 -
               granting extension shall be properly documented.
9.     Defects Liability :
9.a)   Defect Liability period :
       The Contractor is expected to carry out the construction work in Workmen like
       manner so as to meet the requirement and specification for the project. It is
       expected that the Workmanship and materials will be reasonably fit for the
       purpose for which they are required.
       Defects or defective work is where standard and quality of workmanship and
       materials as specified in the contract is deficient. Defect is defined as a failure of
       the completed project to satisfy the expressed or implied quality or quantity
       obligations of the construction contract. Defective construction works are as the
       works which fail short of complying with the express descriptions or
       requirements of the contract, especially any drawings or specifications with any
       implied terms and conditions as to its quality, workmanship, durability, aesthetic,
       performance or design. Defects in construction projects are attributable to
       various reasons.
       Some of the defects are structural defects resulting in cracks or collapse of faulty
       defective plumbing, inadequate or faulty drainage system, inadequate or faulty
       ventilation, cooling or heating systems, inadequate fire systems etc. The defects
       could be various on accounts of different reasons for variety of the projects.
       The Engineering In charge/Project Officer shall issue the practical completion
       certificate for the project. During the Defect Liability Period which commences on
       completion of the work, the Engineering In charge shall inform or the contractor
       is expected to be informed of any defective works by the Employer’s
       representative of the defects and make good at contractor’s cost with an
       intention of giving opportunity to the contractor of making good the defects
       appeared during that period. It is the contractor’s obligation under the contract to
       rectify the defects that appear during Defect Liability Period and the contractor
       shall within a reasonable time after receipt of such instructions comply with the
       same at his own cost. The Engineering In charge/Project Officer shall issue a
       certificate to that effect and completion of making good defects shall be deemed
       for all the purpose of this contract to have taken place on the day named in such
       defect liability certificate.
                                           - 138 -
If defective work or workmanship or design have been knowingly covered-up or
conceived so asto constitute fraud, commencement of the Defect Liability Period
may be delayed. The decided period may be delayed until discover actually
occurs on at least the defect could have been discovered with reasonable
diligence, whichever is earlier.
It is proposed to have DLP as below:
Also, in case of defect, the Engineer shall give notice to the Contractor of any
Defects before the end of the Defects Liability Period, which begins at. The
Defects Liability Period shall be extended for as long as Defects remain to be
corrected. Every time notice of Defect/Defects is given, the Contractor shall
correct the notified Defect/Defects within the duration of time specified by the
Engineer’s notice. The Engineer may issue notice to the Contractor to carry out
                                    - 139 -
       removal of defects or deficiencies, if any, noticed in his inspection, or brought to
       his notice. The Contractor shall remove the defects and deficiencies within the
       period specified in the notice and submit to the Engineer a compliance report. It
       is the Completion Stage when the contractor has completed all of the works and
       fixed all of the defects that were on the list of issue by Engineer-in-charge. When
       this happens, the engineer must issue a ‘Certificate of Completion’. On the issue
       of ‘Certificate of Completion’, the ‘Defect Liability Period ‘starts. The contractor
       also must issue a ‘Certificate statement’ as an acknowledgment to the engineer
       not later than 14 days after the ‘Certificate of Completion’ has been issued.
       During the ‘Defect Liability Period’, the contractor has to obey all written
       instructions from the engineer to carryout repairs and fix any defects which
       appear in the Permanent Works. If the contractor does not ,due to his own faults
       finish the repair works or fix the defects by the end of ‘Defect Liability Period’, the
       ‘Defect Liability Period’ will continue until all works instructed by engineer is
       done.
       Unfulfilled Obligations: Notwithstanding the issue of the Defects Liability
       Certificate the Contractor and the Employer shall remain liable for the fulfillment
       of any obligation incurred under the provisions of the contract prior to the issue of
       the defects liability certificate is issued and, for the purposes of determining the
       nature and extent of any such obligation, the contract shall be deemed to remain
       in force between the parties to the contract.
9.b)   Liability for defects or imperfections and rectifications thereof:
       If it shall appear to the Engineer or to his representative at any time during
       construction or reconstruction or during the defects, liability period, that any work
       has been executed with unsound, imperfect or unskillful workmanship or that
       any material or article provided by the Contractor for execution of thereof the
       work is unsound or of a quality inferior to that contracted for, or otherwise, not in
       accordance with the contract, or that any defect, imperfections or other faults
       have appeared in the Work arising out of defective or improper materials or
       workmanship, the Contractor shall, upon receipt of notice in writing in that behalf
       from the Engineer forth with rectify or remove or reconstruct the work so
       specified in whole or part, as the case may require or, as the case may be and /
       or remove the materials, or articles so specified and provide otherproper and
       suitable materials or articles at his own expense notwithstanding that the same
                                           - 140 -
       may have been inadvertently passed, certified and paid for, and in the event of
       his failing to do so within the period to be specified by the Engineer in his notice
       aforesaid the Engineer may rectify or remove and re-execute the Work and / or
       remove and replace with others the materials or articles complained of, as the
       case may be, by others means at the risk and cost of the Contractor.
       In case of repairs and maintenance work, splashes and droppings from
       whitewashing, painting etc. shall be removed and surfaces cleaned
       simultaneously with completion of these items of work in individual rooms,
       quarters or premises etc. where the work in the contract. In case the Contractor
       fails to comply with requirement of this condition, the Engineer shall have the
       right to get the work done by the other means at the risk and cost of the
       Contractor.
       The Engineer shall give three days’ notice in writing to the Contractor before
       taking such action.
       The Engineer reserves the right to decide the rates and prices of the works as
       executed by other means at the risk and cost of the Contractor.
       The cost and expenses thereby incurred including supervision charges specified
       in the Annexure ‘A’ on the works and also such penalty as the Engineer may
       impose for such wrongful conduct of the Contractor (which penalty, the Engineer
       shall be competent to impose and against the imposition of which or the amount
       thereof by the Engineer an appeal shall lie only to the Commissioner within
       seven days of the order in that behalf of the Engineer and the decisions of the
       Commissioner shall be final and binding upon the Contractor) may be deducted
       from any money due or to become due to the Contractor, under this or any other
       contract between the Contractor and the Municipal Corporation.
9.c)   Liability for damages and risks:
       A)     The Contractor shall be responsible for all risks to the work and shall
              make good at his own cost, all loss or damage, whether to the works
              themselves or to any other Municipal property, or to the lives, persons, or
              property of others, from whatsoever cause, arising out of, or in connection
              with the works, either during their progress or during the defects liability
              period, after completion of work for a period of not exceeding 12 months
              as per directives of Director of Insurance, Maharashtra State and this
              although all reasonable and proper precautions may have been taken by
                                          - 141 -
     the Contractor, and in case the Commissioner or the Corporation shall be
     called upon to make good any such costs loss or damages, or to pay
     compensation (including that payable under the provision of Workmen’s
     Compensation Act) to any person or persons sustaining damage as
     aforesaid by reason of any act or of any negligence or omissions on the
     part of the contractor, the amount, which the Commissioner may pay in
     respect thereof and the amount of any costs or charges (including law
     costs and charges) in connection with legal proceedings which he may
     incur in reference thereto, shall be charged to the contractor. The
     Commissioner shall have full power and right at his own discretion to pay
     or to defend or compromise any claim which may be made against the
     Corporation for damage or in case of threatened legal proceedings, or in
     anticipation of legal proceedings being instituted ,consequent on the
     action or default of the contractor, to take such steps as he may consider
     necessary or desirable to ward off or mitigate the effect of such
     proceedings charging to the contractor, as aforesaid, any sum or sums of
     money which he may pay and any expenses ,whether for reinstatement
     or otherwise which he may incur and the propriety of any payment
     ,defense or compromise, or of the incurrence of any such expense shall
     not be called in question by the contractor.
     The contractor shall be held responsible for any obligations, damages
     and fines etc. arising out of or in connection with the works either during
     their progress or during the defects liability period after completion of
     work for a period of not exceeding 12 months as per directives of Director
     of Insurance, Maharashtra State and shall indemnify the Municipal
     Corporation or the Commissioner against them and make good any such
     damages, fines and dues arising out of non-compliance of any regulation
     under the Minimum Wages Act by the contractor which may devolve on
     the Corporation or the Commissioner.
     The Contractor shall take out a policy as per the provisions of the
     Workmen’s Compensation Act for the purpose of ensuring compensation
     to the workers engaged by them.
B)   Extension of Defects Liability:
     The provisions of this Clause shall apply to all replacements or renewal of
                                - 142 -
     Works carried out by the Contractor to remedy defects and damages as if
     the replacements and renewals had been taken over on the date they
     were completed.
     The Defects Liability Period for the Works shall be extended by a period
     equal to the period during which the Works cannot be used by reason of a
     defect or damage. If only part of the Works is affected, the Defects
     Liability Period shall be extended only for that part, however, the retention
     money/security deposit/performance guarantee will be refunded only
     after completion of Defect Liability/warranty period of total work. In neither
     case shall the Defects Liability Period extend beyond 2 years from the
     date of taking over.
     When progress in respect of the Works has been suspended under
     Clause 5 (u), the Contractor's obligations under this Clause shall not
     apply to any defects occurring more than 3years after the Time for
     Completion established on the date of the Letter of Acceptance.
C)   Inspection Consequent to Renewals/Replacement; If the replacement or
     renewals are of such a character as may affect the efficiency of the Works
     or any portion thereof, the Engineer may, within one month of such
     replacement or renewals, give to the Contractor notice in writing
     ,requiring that such replacement or renewals be offered for inspection in
     which case such inspection shall be carried out by the Engineer in receipt
     of a 21 days notice from the Contractor, in writing.
     These Conditions shall apply to, all the replacements and renewals and to
     all inspections occasioned thereby and carried out by the Contractor
     pursuant to this Clause.
D)   Access to the Contractor during Defects Liability Period: Until the
     expiration of Defects Liability Period of the Works, the Contractor shall
     have access, at all reasonable working hours ,at his own risk and
     expense, for himself or for his duly authorised representatives whose
     names shall have previously been communicated, in writing, to the
     Engineer, to all parts of the Works for the purpose of inspecting the
     working thereof and to records of the working and performance thereof for
     the purpose of inspecting the same and taking notes there from subject to
     the Engineer's approval, which shall not be unreasonably withheld. The
                                 - 143 -
              Contractor may, at his own risk and expense, make any test, which he
              considers desirable, in consultation with the Engineer and the Employer.
       E)     Liability of Contractor for damages done in or outside work area :
              Compensation for all damages done intentionally or unintentionally by
              contractor’s labour whether in or beyond the limits of MCGM property
              including any damage caused by spreading the fire shall be estimated by
              the Engineer In-charge or such other officer as he may appoint and the
              estimate of the Engineer in-charge to the decision of the Dy. Chief
              Engineer on appeal shall be final and the contractor shall be bound to pay
              the amount of the assessed compensation on demand failing which the
              same will be recovered from the Contractor as damages or deducted by
              the Engineer In-charge from any sums that may be due or become due
              from MCGM to contractor under this Contractor otherwise. Contractor
              shall bear the expenses of defending any action or other legal
              proceedings that may be brought to prevent the spread of fire and he shall
              pay any damages and costs that may be awarded by the Court in
              consequence.
9 d)   Contractor to search :
       The Contractor shall, if required by the Engineer in writing, search under the
       direction of the Engineer for the cause of any defect, imperfection or fault
       appearing during the progress of the Work or in the period of maintenance.
       Unless such defect, imperfection or fault shall be one for which the Contractor is
       liable under the contract, the cost of the Work carried out by the Contractor in
       searching as aforesaid shall be borne by the Corporation. If such defect,
       imperfection or fault shall be one for which Contractor is liable as aforesaid, the
       cost of the work carried out in searching as aforesaid shall be borne by the
       Contractor and he shall in such case repair, rectify and make good such defect,
       imperfection or fault, at his own expense in accordance with the provisions of
       condition no.9 b. and 9 c hereof.
10.    Variation:
10.A) Rates for Extra/Excess:
       i.     For Excess / Savings
              •      Increase or decrease in “Bill of Quantities” of the bidding
                     documents     shall    be       termed   as   “Excess”   or   “Savings”
                                           - 144 -
    correspondingly.
•   The contractors shall be entitled to the payment of Additional
    Quantities required for the completion of activity and works, if the
    activity increases or decreases within the permissible limit of 20 %.
    The maximum savings in individual item upto 20 % shall be
    permissible.
•   Approval Process
          Sr.No.               Excess                  Approving authority
            1       Up to 5%                       Director (E.S.&P.) /
                                                   D.M.C.
            2       Beyond 5% up to 15%            A.M.C.
            3       Beyond 15%                     Hon. M.C.
                             - 145 -
      •     Approval Process
               Sr.No.              Excess                Approving authority
                 1      Up to 5%                      Director (E.S.&P.) /
                                                      D.M.C.
                 2      Beyond 5% up to 20%           A.M.C.
                 3      Beyond 20%                    Hon. M.C.
                                 - 146 -
             •      These extra items shall be paid as per the rates of prevailing
                    “Unified Schedule of Rates” of MCGM at the time of tender at
                    rebate quoted by the contractor on contract amount or at par in
                    case of premium quoted by the contractor on contract amount.
      iii.   For Fair Items
             This shall mean additional or substituted items of work activity not
             included in the “Bill of Quantities and Rates”, and even not existing in the
             “Unified Schedule of Rates” of MCGM at the time of tender.
             •      The total cost of fair items including extra items shall be
                    permissible up to 5% of the “Contract Cost”.
             •      These fair items shall be got approved by the committee framed.
                    The engineer in charge shall work out these fair items at fair and
                    reasonable market rates on the basis of material, labour and
                    operations of construction equipment required to execute the item
                    and allowing 15 % to cover profits and overhead charges on the
                    same lines of rate analysis prepared for the items that are in
                    “Unified Schedule of Rates” of MCGM.
             In all cases covered above in respect of A, B and C, the proposals shall
             be routed through C.A (Finance) / C.A (WSSD).
10.b) Reimbursement refund on variation of price of labour and materials:
      The Contractor shall be reimbursed or shall refund to the Corporation as the
      case may be the variation in the value of the work carried out from time to time,
      depending on whether the prices of material and labour as a whole rise or fall,
      and the method adopted for such computations shall be as given below, it being
      clearly understood that the contractor shall have no claim for being reimbursed
      on the ground that the price of a particular material or group of materials have
      risen beyond the limits of the presumptions made in the following paras,
      however, no price variations shall be made applicable for contracts upto 12
      months:
      A)     Controlled materials: Price variations shall be permitted in respect of
             these materials the price level of which is controlled by the Government or
             its agency. The rate ruling on the date of submission of the tender shall be
             considered as the basic price of such material for adjustment. Any
             variation in this rate shall be considered for reimbursement to the
                                        - 147 -
     contractor or refund to be claimed from the contractor as the case may
     be. The contractor shall, for the purpose ofadjustment submit in original
     the relevant documents from the suppliers.
B)   Labour and other materials: For the purpose of this contract and for
     allowing reimbursement of refund on account of variation of prices of (i)
     labour, and (ii) materials other than materials mentioned in 10a above,
     computation will be based on the formula enunciated below which is
     based on the presumptions that :
     i)     The general price level of labour, rises or falls in proportion to the
            rise or fall of consumer price index number 9 (general) for working
            class in Mumbai.
     ii)    The general price level of materials rises or falls in proportion to
            rise or fall of whole- sale price index as published by ‘Economic
            Adviser to Govt. of India’.
     iii)   And that the component of labour is to the extent of 30 percent of
            88 percent and the component of materials is to the extent of 70
            percent of 88 percent of the value of the work carried out. The
            remaining 12 percent being the presumptive profit of the
            contractor.
                                 - 148 -
IO =   Consumer price index number for working class for Mumbai
       (declared by the Commissioner of labour and Director of
       Employment, Mumbai) prevailing, on the day of 28days prior to the
       date of submission of the tender.
VM =   The amount of price variation to be reimbursed or claimed as
       refund on account of general rise or fall of wholesale price index
       for period under reference.
W=     Average wholesale price index as published by Economic Adviser
       to Govt. of India applicable to the period under reference.
WO = Wholesale price index as stated above prevailing on the day of 28
       days prior to the date of submission of the tender.
R=     Total value of the work done during the period under reference as
       recorded in the Measurement Book excluding water charges and
       sewerage charges but including cost of excess in respect of item
       upto 50 percent as stated in Sub Clause 10 (a)A and cost of extra
       items and provisional items of work where the rate is based on Sub
       Clause 10 (a)B(i)&(ii).
C=     Total value of Controlled materials used for the works as recorded
       in Measurement Book and paid for at original basic rate plus the
       value of materials used .
i)     The quantity of the Controlled material adopted in working out the
       value of ‘C’ shall be inclusive of permitted wastages as / if
       mentioned in specifications.
ii)    The basic rate for the supply of controlled material shall be
       inclusive of all the components of cost of materials excluding
       transport charges incurred for bringing the material from place of
       delivery to the site.
       Computations based on the above formula will be made for the
       period of each bill separately and reimbursement will be made to
       (when the result is plus) and refund will claimed from (when the
       result is minus) the contractor’s next bill. The above formulae will
       be replaced by the formulae in Annexure-I as and when mentioned
       in special conditions of contract
       The operative period of the contract for application of price
                               - 149 -
            variation shall mean the period commencing from the date of
            commencement of work mentioned in the work order and ending
            on the date when time allowed for the work order and ending on
            the date when time allowed for the work specified in the contract
            for work expires, taking into consideration, the extension of time, if
            any, for completion of the work granted by Engineer under the
            relevant clause of the conditions of contract in cases other than
            those where such extension is necessitated on account of default
            of the contractor.
            The decision of the Engineer as regards the operative period of the
            contract shall be final and binding on the contractors.
     iii)   Where there is no supply of controlled items to contractor the
            component ‘C’ shall be taken as zero.
C)   Adjustment after completion: If the Contractor fails to complete the works
     within the time for completion prescribed under Clause 8(d), adjustment
     of prices thereafter until the date of completion of the works shall be made
     using either the indices or prices relating to the prescribed time for
     completion, or the current indices or prices whichever is more favorable to
     the employer, provided that if an extension of time is granted pursuant to
     condition 8 (d), the above provision shall apply only to adjustments made
     after the expiry of such extension of time.
D)   Price variation will be calculated similarly and separately for extra items
     and / or excess quantities and provisional sums calculated under Sub
     Clause 10 (b)A (i)&(ii) and Sub Clause 10 (b) B(ii) based on the above
     formula/formulae in Annexure-I as and when mentioned in Special
     conditions of contract; IO and W O being the indices applicable to the date
     on which the rates under Sub Clause 10 (a)A (i)&(ii) and Sub Clause 10
     (a) B(iii) are fixed. No price variation shall be admissible for FAIR
     items created during execution.
                                 - 150 -
E)   Maximum Price Variation shall be as follows:
             Time Period of Project         Maximum limit of Price Variation
      Up to 12 months                            No variation allowed
      Above12 months to 24 months                         5%
                                  - 151 -
                    limited to the amount payable as per the Indices in case the indices
                    increases or decreases, above/below the indices applicable, to the
                    last month of the original period. Also, the reasons for granting
                    extension shall be properly documented.
                    Note: Price variation shall not be admissible for the FAIR
                    items created during execution.
11.   Measurements:
11.a) Records and Measurement:
      The Engineer shall except as otherwise stated ascertain and determine by
      measurement the value in accordance with the Contract of work done in
      accordance therewith.
      All items having a financial value shall be entered in measurement book, level
      book etc. as prescribed by the Municipal Corporation so that a complete record
      is obtained of all the Works performed under the Contract.
      Measurements shall be taken jointly by the Engineer or his authorized
      representative and by the Contractor or his authorized representative. Before
      taking measurements of any work the Engineer or the person deputed by him for
      the purpose shall give a reasonable notice to the Contractor. If the Contractor
      fails to attend or send an authorized representative for measurement after such
      a notice or fails to countersign or the objection within a week from the date of
      measurement, then in any such event measurements taken by the Engineer or
      by the person deputed by him shall be taken to be correct measurements of the
      works and shall be binding on the Contractor.
      The Contractor shall, without any extra charge, provide assistance with every
      appliance and other things necessary for measurements.
      Measurements shall be signed and dated by both parties each day (of taking
      measurement) on the site on completion of measurement.
11.b) Method of Measurement:
      Except where any general or detailed description of the work in bills of quantities
      or schedule of works / items / quantities expressly shown to the contrary, bills of
      quantities shall be deemed to have been prepared and measurements shall be
      taken in accordance with the procedure set forth in the schedule of rates /
      specifications notwithstanding any provision in the relevant standard Method of
      Measurement or any general or local custom. In the case of items which are not
                                        - 152 -
      covered by the schedule of rates / specifications, measurement shall be taken in
      accordance with the relevant Standard Method of Measurement issued by
      Bureau of Indian Standards.( BIS 1200)
12.   Payments, Tax and Claims:
12.a) Provisional sum and Advances:
      The contractor shall produce all quotations, invoices, vouchers and accounts or
      receipts in connection with expenditure in respect of provisional sums.
      The Corporation will make advance to the contractor for the works in two
      installments.
      The first installment shall be equal to 5% of the contract price. The payment of
      the first installment of loan be due after (i) execution of the form of agreement by
      the parties thereto. (ii) Payment of Security Deposit by the Contractor and (iii)
      Submitting the Bank Guarantee by the
      Contractor from a Bank specified in the tender for an amount equal to 7% (with
      includes 2% extra for the interest charges) of the Contract price. The first
      installment of advance loan shall be paid to the Contractor within 28 days after
      fulfilling all the above requirements under sub items (i) to(iii).
                                          - 153 -
      completion preliminary site establishment works such as construction of access
      roads to site, Engineer’s office, Contractor’s site office, Stores, Workshop
      sheds, etc. to the satisfaction of the Engineer.
      After certification by the Engineer that the preliminary works are completed
      satisfactorily, the second installment will be released after the Contractor
      submits the Bank Guarantee from a Bank acceptable to the Corporation for an
      amount equal to 7% (which includes 2% extra for interest charges) of the
      Contract price.
      Bank Guarantee shall be submitted in the approved prescribed form. The Bank
      Guarantee/s for the Advance Mobilization Loan should be valid till the full
      recovery advance is made.
      The Contractor shall use the advance payment only towards expenses for
      materials, preliminary site establishments works, and construction equipment
      and to meet expenses required specifically to carry out the works.
      The above advance shall bear simple interest at 12% per annum. The interest
      on the amounts paid as advance is chargeable from the date the amount is paid.
      RECOVERY OF ADVANCE :
      Recovery of advance paid and interest against it aforesaid, shall be made by
      deductions from the on account of payments referred to in condition no.12 (b) in
      suitable percentage in relation to the progress as fixed by the Engineer so that
      all sums with interest shall be fully recovered by the time the work amounting to
      nearly 80 percent of the contract is completed. If the amount payable under any
      interim bill is not sufficient to cover all deductions to be made on this account and
      other sums deductible there , the balance outstanding shall be deducted from
      subsequent bills as may be necessary.
12.b) Interim Payment :
      Interim bills shall be submitted by the Contractor from time to time (but at an
      interval of not less than one month) for the works executed. The Engineer shall
      arrange to have the bills verified by taking or causing to be taken, where
      necessary, the requisite measurement of work.
      Payment on account for amount admissible shall be made on the Engineer
      certifying the sum to which the Contractor is considered entitled by way of
                                         - 154 -
      interim payment for all the work executed, after deducting there from the amount
      already paid, the security deposit / retention money and such other amounts as
      may be deductible or recoverable in terms of the contract.
      On request, the contractor will be paid upto 75 percent of the value of the work
      carried out as an adhoc payment in the first week of next month after deducting
      there from recoveries on account of advances, interest, retention money, income
      tax etc. The balance payment due will be paid thereafter.
      No interim payment will be admitted until such time the Contractor have fully
      complied with the requirement of the Condition no.8 (h) and 8 (i) concerning
      submission and approval of Network Schedule for the works, as detailed in
      Condition 8 (i). A fixed sum shall be held in abeyance at the time of next interim
      payment for non-attainment of each milestone in the network and shall be
      released only on attainment of the said milestone.
      An interim certificate given relating to work done or material delivered may be
      modified or corrected by a subsequent interim certificate or by the final
      certificate. No certificate of the Engineer supporting an interim payment shall of
      itself be conclusive evidence that any work or materials to which it relates is / are
      in accordance with the contract.
12 c) Payment on intermediate certificate to be regarded as advances :
      No payment shall be made for any work estimated to cost less than Rupees One
      Thousand till after the whole of work shall have been completed and the
      certificate of completion given. But in the case of works estimated to cost more
      than Rs. One Thousand, the contractor shall on submitting a monthly bill there
      for be entitled to receive payment proportionate to the part of the work than
      approved and passed by the Engineer In-charge, whose certificate of such
      approval and passing of the sum so payable shall be final and conclusive against
      the contractor. All such intermediate payments shall be regarded as payments
      by way of advance against the final payments only and not as payments for work
      actual done and completed and shall not preclude the Engineer In-charge from
      requiring any bad, unsound, imperfect or unskillful work to be removed or taken
      away and reconstructed or re-erected nor shall any such payment be
      considered as an admission of the due performance of the contract or any part
      thereof in any respect or the offering of any claim not shall it conclude, determine
      or effect in any other way, the powers of the Engineer In-charge as to the final
                                         - 155 -
      settlement and adjustment of the accounts or otherwise, or in any other way vary
      or effect the contract. The final bill shall be submitted by the Contractor within
      one month of the date fixed for the completion of the work otherwise the
      Engineer In-charge’s certificate of the measurements and of the total amount
      payable for the work shall be final and binding on all parties.
12.d) No interest for delayed payments due to disputes, etc:
      It is agreed that the Municipal Corporation of Greater Bombay or its Engineer or
      Officer shall not be liable to pay any interest or damage with respect of any
      moneys or balance which may be in its or its Engineer’s or officer’s hands owing
      to any dispute or difference or claim or misunderstanding between the Municipal
      Corporation of Greater Bombay or its Engineer or Officer on the one hand and
      the contractor on the other, or with respect to any delay on the part of the
      Municipal Corporation of Greater Bombay or its Engineer or Officers in making
      periodical or final payments or in any other respect whatever.
      It is distinctly understood and agreed between the parties hereto that payment
      for work already executed by the Contractor is not a condition precedent under
      this contract for the execution of the remaining work.
12 e) Receipts to be signed in firm’s name by any one of the partners:
      Every receipt for money which may become payable or for any security which
      may become transferable to the Contractor under these present shall, if signed
      in the partnership name by any one of the partners, be a good and sufficient
      discharge to the Commissioner and Municipal Corporation in respect of the
      money or security purporting to be acknowledged thereby, and in the event of
      death of any of the partners during the pendency of this contract, it is hereby
      expressly agreed that every receipt by any one of the surviving partners shall, if
      so signed as aforesaid, be good and sufficient discharge as aforesaid provided
      that nothing in this clause contained shall be deemed to prejudice or effect any
      claim which the Commissioner or the Corporation may hereafter have against
      the legal representatives of any partners so dying or in respect of any breach of
      any of the conditions thereof, provided also that nothing in this clause contained
      shall be deemed prejudicial or affect the respective rights or obligations of the
      Contractors and of the legal representatives of any deceased Contractors
      interest.
                                        - 156 -
12.f) Overpayment and underpayment:
     Whenever any claim for the payment of a sum to the Municipal Corporation rises
     out of or under this contract against the Contractor the same may be deducted
     by the Municipal Corporation from any sum then due or which at any time
     thereafter may become due to the Contractor under this contract and failing that
     under any contract with the Municipal Corporation or from any other sum due to
     the Contractor from the Municipal Corporation (which may be available with the
     Municipal Corporation) or from his security deposit / retention money, or he shall
     pay the claim on demand.
     The Municipal Corporation reserves the right to carry out post payment audit and
     technical examination of the final bill including all supporting voucher, abstracts
     etc. The Municipal 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 Municipal
     Corporations 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 Municipal Corporation.
     Provided that the aforesaid right of the Municipal Corporation to adjust
     overpayment against amount due to the Contractor under any other contract
     with Municipal Corporation shall not extend beyond the period of five years from
     the date of payment of the final bill or in case the final bill is a ‘Minus’ bill, from the
     date of the amount payable by the Contractor under the ‘Minus’ bill is
     communicated to the Contractor. However, to adjust overpayment/recovery from
     the contractor MCGM reserves the rights to recover these payments at any point
     of time against any other contract with Municipal Corporation and shall not be
     limited to any prescribed time limits
     Any amount due to the Contractor under this contract for underpayment may be
     adjusted against any amount then due or which may at any time thereafter
     become due before payment is to the Contractor, from him to Municipal
     Corporation on any other contract or account whatsoever.
                                           - 157 -
12.g) Payment of final bill:
      Final joint measurement along with the representatives of the contractor should
      be taken recorded and signed by the Contractors. Contractors should submit the
      final bill within 1 month of physical completion of the work.
      If the contractor fails to submit the final bill within 1 month, the MCGM staff will
      prepare the final bill based on the joint measurement within next 3 months.
      Engineer’s decision shall be final in respect of claims for defect and pending
      claims against contractors.
      No further claims should be made by the Contractor after submission of the final
      bill and these shall be deemed to have been waived and extinguished. Payment
      of those items of the bills in respect of which there is no dispute and of items in
      dispute, for quantities and rates as approved by the Commissioner shall be
      made within a reasonable period as may be necessary for the purpose of
      verification etc.
      After payment of the final bill as aforesaid has been made, the contractor may, if
      he so desires, reconsider his position in respect of a disputed portion of the final
      bills and if he fails to do so within 84 days, his disputed claim shall be dealt with
      as provided in the contract.
      A percentage of the retention money, over and above the actual retention money
      as indicated below shall be held back from payments till the finalization of final
      bill to be submitted as per above and will be paid within 30 days of acceptance of
      the final bill.
                                         - 158 -
        The contractor has to submit the bill for the work carried out within 15 days from
        the date of completion of the work to the respective executing department. If
        the contractor fails to submit their bills to concerned executing department,
        penalty or action as shown below will be taken for each delayed bill:-
12 h) Income-Tax:
        The Contractor shall pay Indian Income-Tax on all payments made to him
        under the Contract, other than reimbursements made to him by the Corporation
        to cover payment by Contractor of minor custom duties, etc. or any other
        payment which the contractor may make on the Corporation’s behalf. Under
        the provisions of Sec. 194-c of the Indian Income Tax Act, the Corporation is
        required to deduct Tax with surcharge, if applicable, at source at prevailing
        rates from the gross amount of each bill submitted. Any expatriate site staff or
        staff not normally residents of India, employed by the Contractor shall pay
        personal Income Tax on all money earned and paid in India. The contractor
        shall perform such duties in regard to such deductions thereof as may be
        imposed on him by such laws and regulations.
12.i)   Currency of Payment:
        The Tenderer shall indicate the tender prices in Indian Rupees.
12.j)   Taxation Payments of Bills and other claims:
        Regarding taxation the prices quoted by the Contractor shall include all customs
        duties, import duties, excise duties, business taxes, income and other taxes that
        may be levied in accordance to the laws and regulation in force as of the date 28
        days prior to dead line for submission of tenders on the Contractor’s Equipment
        materials and supplies (Permanent, temporary and consumables) to be used on
        or furnished under the contract and on the services to be performed under the
        contract. Nothing in the contract shall relieve the contractor from his
                                          - 159 -
      responsibility to pay any tax that may be levied in the Employer’s country on
      profits made by him in respect of the contract.
      The contractor shall perform such duties in regard to such deductions thereof as
      may be imposed on him by such laws and regulations.
      All charges on account of Octroi, terminal or Sales Tax and other duties on
      material obtained for the works from any source including the tax applicable as
      per Maharashtra Sales Tax Act on the transfer of property in the goods involved
      in the execution of works contract (re-enacted) Act, 1991 etc. shall be borne by
      the Contractor.
      Except as otherwise specifically provided in the contract, the contractor shall be
      liable and responsible for the payment, of all taxes, such as excise duty, custom
      duty, sales tax, Value Added Tax including the purchase tax, consignment tax,
      work contract tax, service tax, entry tax or any other similar tax in the state
      concerned, turnover tax, toll tax, octroi charges, royalty, labourcess, levy and
      other tax(es) or duty(ies) which may be specified by local/state/ central
      government from time to time on all material articles which may be used for this
      work. The rates quoted by him in the tender in bill of quantities shall be inclusive
      of all taxes, duties, levies etc. Under the provisions of the Maharashtra Sales
      Tax Act, the Employer is required to deduct “Work Contract Tax” at source at the
      rates prevailing at the time of payments.
      The payment of bills and other claims arising out of the contract will be made by
      RTGS/NEFT/CBS/ECS/ Cheque in the name of Contractors payable to the
      account and Name of Bank informed by the successful contractors. Successful
      Tenderers, therefore, have to furnish the information as regards, the Name and
      complete address of their Bank, its branch and their Bank Account no. etc. They
      will also have to submit fresh information when there is any change in this
      regard.
12 k) Submissions of final completion drawings:
      On completion of the work, the contractors shall furnish wherever applicable free
      of cost 1 set of R.T.F of final completion drawings and 6 bound sets of copies of
      drawings, showing all the details checked and signed by the Engineer within one
      month of completion of works. The payment of final bill shall be made to the
      contractors after receipt of above sets. In case the contractor fails to submit the
      completion drawings, compensation at the rate of Rs.5000/- per drawing or
                                         - 160 -
      minimum Rs 50,000 whichever is more shall be recovered from the final bills.
13    Settlement of Disputes:
13.a) Termination of contract for death:
      If the Contractor is an individual or a proprietary concern and the individual or the
      proprietor dies and if the Contractor is a partnership concern and one of the legal
      representative of the individual Contractor or the proprietor of the proprietary
      concern and in case of partnership, the surviving partners, are capable of
      carrying out and completing the contract, the Commissioner shall be entitled to
      cancel the contract as to its uncompleted part without the Corporation being in
      any way liable to payment of any compensation to the estate of the deceased
      Contractor and or to the surviving partners of the Contractor’s firm on account of
      the cancellation of the contract. The decision of the Commissioner that the legal
      representative of the deceased Contractor or surviving partners of the
      Contractor’s firm cannot carry out and complete the contract shall be final and
      binding on the parties. In the event of such cancellation the Commissioner shall
      not hold estate of the deceased Contractor and or surviving partners of the
      Contractor’s firm liable in damages for not completing the contract.
13.b) Urgent Works:
      If any Urgent Work (in respect whereof the decision of the Engineer shall be final
      and binding) becomes necessary and the Contractor is unable or unwilling at
      once to carry it out, the Engineer may be his own or other work people, carry it
      out as he may consider necessary. If the urgent work shall be such as the
      Contractor is liable under the contract to carry out at his expense all expense
      incurred on it by the Municipal Corporation shall be recoverable from the
      Contractor and be adjusted or set off against any sum payable to him.
13.c) Foreclosure of contract in full or in Part:
      If at any time after acceptance of the tender the Commissioner shall decide to
      abandon or reduce the scope of the works or any part of the works to be carried
      out, he shall inform the Contractor in writing to that effect and the Contractor
      shall have no claim to any payment or compensation or otherwise whatsoever,
      on account of any profit or advantage which he might have derived from the
      execution of the works in full but which he did not derive in consequence of the
      foreclosure of the whole or part of the works.
      The Contractor shall be paid at the contract rates full amount of works executed
                                         - 161 -
      at site, and in addition reasonable amount as certified by the Engineer for the
      value of such Material (which material thereupon become the property of the
      Corporation) and also such further allowances        as the Engineer may think
      reasonable and fair in respect of (a) any expenditure incurred by the contractor
      towards preliminary works etc. and (b) other reasonable and proper engagement
      the contractor may have entered into for carrying out the work, (c) such
      compensation as considered equitable under the circumstances.
13.d) Settlement of Disputes:
      If any dispute or differences of any kind whatsoever other than those in respect
      of which, the decision of any person is, by the Contract, expressed to be final
      and binding) shall arise between the Employer and the Contractor or the
      Engineer and the Contractor in connection with carrying out of the Works
      (Whether during the progress of the Works or after their completion and whether
      before or after the termination, abandonment or breach of the Contract) it, the
      aggrieved party may refer such dispute within a period of 7 days to the
      concerned Addl. Municipal Commissioner who shall constitute a committee
      comprising of three officers i.e. concerned Deputy Municipal Commissioner or
      Director (ES&P), Chief Engineer other than the Engineer of the Contract and
      concerned Chief Accountant. The Committee shall give decision in writing within
      60 days.
      Appeal on the Order of the Committee may be referred to the Municipal
      Commissioner within 7 days. Thereafter the Municipal Commissioner shall
      constitute a Committee comprising of three Addl. Municipal Commissioners
      including Addl. Municipal Commissioner in charge of Finance Department. The
      Municipal Commissioner within a period of 90 days after being requested to do
      so shall give written notice of committee’s decision to the Contractor. Save as
      herein provided such decision in respect of every matter so referred shall be final
      and binding upon both parties until the completion of the works, and shall
      forthwith be given effect to by the Contractor who shall proceed with the works
      with due diligence, whether he requires arbitration as hereinafter provided or not.
      If the Commissioner has given written notice of the decision to the Contractor
      and no Claim to arbitration has been communicated within a period of 90 days
      from receipt of such notice the said decision shall remain final and binding upon
      the Contractor.
                                        - 162 -
13.e) Arbitration and Jurisdiction:
      If the Commissioner shall fail to give notice of the decision as aforesaid within a
      period of 90 days after being requested as aforesaid, or if the Contractor be
      dissatisfied with any such decision, then and in any such case the Contractor
      may within 90 days after receiving notice of such decision or within 90 days after
      the expirations of the first named period of 90 days(as the case may be) require
      that the matter or matters in dispute be referred to arbitration as hereinafter
      provided. All disputes or differences in respect of which the decision (if any) of
      the Commissioner has not become final and binding as aforesaid shall be finally
      settled by arbitration as follows:
      Arbitration shall be effected by a single arbitrator agreed upon the parties. The
      arbitration shall be conducted in accordance with the provisions of the Arbitration
      Act, 1996 or any statutory modifications thereof, and shall be held at such place
      and time within the limits of Brihan Mumbai as the arbitrator may determine. The
      decision of the arbitrator shall be final and binding upon the parties hereto and
      the expense of the arbitration shall be paid as may be determined by the
      arbitrator. Performance under the Contract shall, if reasonably be possible,
      continued during the arbitration proceedings and payment due to the Contractor
      by the Employer shall not be withheld unless they are the subject matter of
      arbitration proceedings. The said arbitrator shall have full power to open up,
      review and revise any decision, opinion, direction, certification or valuation of the
      Commissioner and neither party shall be limited in the proceedings before such
      arbitrator to the evidence or arguments put before the Commissioner for the
      purpose of obtaining his said decision. No decision given by the Commissioner
      in accordance with the foregoing provisions shall disqualify him from being
      called as a witness and giving evidence before the arbitrator on any matters
      whatsoever relevant to the disputes or difference referred to the arbitrator as
      aforesaid.
      All awards shall be in writing and for claims equivalent to 5,00,000 or more such
      awards shall state reasons for amounts awarded. The expenditure of arbitration
      shall be paid as may be determined by arbitrator.
      In case of any claim, dispute or difference arising in respect of a contract, the
      cause of action thereof shall be deemed to have arisen in Mumbai and all legal
      proceedings in respect of any claim, dispute or difference shall be instituted in a
                                           - 163 -
      competent court in the City of Mumbai only.
13.f) Details to be Confidential:
      The Contractor shall treat the details of the Contract as private and confidential,
      save in so far as may be necessary for the purposes thereof, and shall not
      publish or disclose the same or any particulars thereof in any trade or technical
      paper or elsewhere without the previous consent in writing of the Employer or
      the Engineer. If any dispute arises as to the necessity of any publication or
      disclosure for the purpose of the contract the same shall be referred to the
      Employer whose determination shall be final.
13.g)Cancellation of contract in full or in part:
      If the Contractor:
      •      At any time makes default in proceeding with the work with due diligence
             and continues to do so after notice in writing of fourteen days from the
             Engineer, or
      •      Commits default in complying with any of the terms and conditions of
             contract and does not remedy it within fourteen days after a notice in
             writing is given to him in that behalf by the Engineer, or
      •      Fails to complete the Works or items with individual dates of completion,
             on or before the date(s) of completion, and does not complete them within
             the period specified in a notice given in writing in that behalf by the
             Engineer, or
      •      Shall offer or give or agree to give to any person in Municipal
             Corporation’s Service or to any other person on his behalf any gift or
             consideration of any kind as an inducement or reward for doing or
             forbearing to do or for having done or forborne to do any act in relation to
             the obtaining or execution of this or any other contract for the Municipal
             Corporation, or
      •      Shall obtain a contract with the Municipal Corporation as a result of ring
             tendering or other non- bonafide methods of competitive tendering or
      •      Being an individual or a firm, any partner thereof, shall at any time be
             adjudged insolvent or have a receiving order or order for administration of
             his estate made against him or shall take any proceedings for liquidation
             or composition (other than voluntary liquidation for the purpose of
             amalgamation or reconstruction) under any insolvency act for the time
                                        - 164 -
        effects or force or make any conveyance of assignment of his effects or
        composition or arrangement for the benefit of his creditors or purport so to
        do, or if any application be made under any Insolvency Act for the time
        being in force for the sequestration of his estate or if a trust deed be
        executed by him for his creditors, or
•       Being a company, shall pass a resolution or the court shall make an order
        for the liquidation of his affairs, or a receiver or a manager on behalf of the
        debenture holders shall be appointed or circumstances shall arise which
        entitle the Court or debenture holders to appoint a receiver or a Manager,
        or
•       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 sublet 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
        Municipal Corporation by written notice cancel the contract as a whole or
        only such items of work in default from the contract.
    The Commissioner shall on such cancellation have powers to -
•       take possession of site and any materials, constructional plant,
        implements stores, etc. thereon and / or
•       Carry out the incomplete work by any means at the risk and cost of the
        Contractor.
On cancellation of the contract in full or in part the Engineer shall determine what
amount, if any, is recoverable from the Contractor for completion of works or
part of the works or in case the works or part of works is completed, the loss
or damage suffered by the Municipal Corporation, in determining the amount,
credit shall be given to the Contractor for the value of the work executed by him
upto the time of cancellation, the value of the Contractor’s material taken over
and incorporated in the work, and use of construction equipment belonging to
the Contractor.
Any excess expenditure incurred or to be incurred by the Municipal Corporation
                                    - 165 -
      in completing the works or part of the works or excess loss or damages suffered
      or may be suffered by the Municipal Corporation as aforesaid after allowing such
      credit shall be recovered from any money due to the Contractor on any account
      and if such moneys are not sufficient the Contractor shall be called upon in
      writing to pay the same within thirty days. If the Contractor fails to pay required
      sum within the aforesaid period of 28 days, the Engineer shall have right to sell
      any or all of the Contractor’s unused materials, constructional plant, implements,
      temporary buildings, etc. and apply the proceeds of sale thereof towards the
      satisfaction of any sums due from the Contractor under the contract, and if
      thereafter there be any balance outstanding from the Contractor, it shall be
      recovered in accordance with provision of the contract.
      Any sums in excess of the amounts due to the Municipal Corporation and unsold
      materials constructional plant, etc. shall be returned to the Contractor, provided
      always that if cost or anticipated cost of completion by the Municipal Corporation
      of the works or part of the works is less than the amount of which the Contractor
      would have been paid had he completed the works or part of the works, benefit
      shall not accrue to the Contractor.
      Without prejudice to the generally of the foregoing, the amount deposited by the
      Contractor as security deposit shall be absolutely aforesaid to the Corporation
      for such failure, or breach or determination of contract.
13 h) Frauds and Corrupt Practices:
      The Contractor and their respective officers, employees, agents and advisers
      shall observe the highest standard of ethics during the execution of the works
      until the settlement of final bill. Notwithstanding anything to the contrary
      contained herein, the Employer may terminate a Contractor without being liable
      in any manner whatsoever to the Contractor if it determines that the Contractor
      has, directly or indirectly or through an agent, engaged in corrupt practice,
      fraudulent practice, coercive practice or undesirable practice during the works
      execution.
      Without prejudice to the rights of the Employer under Clause. 13 (h)
      hereinabove, if a Contractor is found by the Employer to have directly or
      indirectly or through an agent, engaged or indulged in any corrupt practice,
      fraudulent practice, coercive practice or undesirable practice during the
      execution of Works, such Contractor shall not be eligible to participate in any
                                        - 166 -
       tender or RFQ issued by the Employer during a period of 10 (ten) years from the
       date such Contractor is found by the Employer to have directly or indirectly or
       through an agent, engaged or indulged in any corrupt practice, fraudulent
       practice, coercive practice or undesirable practice, as the case may be.
       •      corrupt practice” means the offering, giving, receiving, or soliciting,
              directly or indirectly, of anything of value to influence the actions of any
              person connected with the Works (for avoidance of doubt, offering of
              employment to, or employing, or engaging in any manner whatsoever,
              directly or indirectly, any representative of the Employer who is or has
              been associated in any manner, directly or indirectly, with the Works or
              before or after the execution thereof, at any time prior to the expiry of one
              year from the date such official resigns or retires from or otherwise
              ceases to be in the service of the Employer, shall be deemed to constitute
              influencing the actions of a person connected with the Works.
       •      “fraudulent practice” means a misrepresentation or omission of facts or
              suppression of facts or disclosure of incomplete facts, in order to
              influence the Works ;
       •      “coercive practice” means impairing or harming or threatening to impair or
              harm, directly or indirectly, any person or property to influence any
              person’s participation or action in the Works.
14.    Notices
14a)   Instructions and notices:
       Subject as otherwise provided in this contract all notice to be given on behalf of
       the Municipal Corporation and all other actions to be taken on its behalf may be
       given or taken by the Engineer or any officer for the time being entrusted with the
       functions, duties and powers of the Engineer.
       All instructions notices and communications etc. under the contract shall be
       given in writing and if sent by registered post to the last known place or abode or
       business of the Contractor shall be deemed to have been served on the date
       when in the ordinary course of post these would have been served on or
       delivered to him.
       The Contractor or his agent shall be in attendance at the site(s) during all
       working hours and shall supervise the execution of the works with such
       additional assistance in each trade as the Engineer may consider necessary.
                                          - 167 -
       Orders given to the Contractor’s agent shall be considered to have the same
       force as if they had been given to the Contractor himself.
       The Engineer shall communicate or confirm his instruction to the Contractor in
       respect of the execution of work in a ‘Works site order Book’ maintained in the
       office of the Engineer and the Contractor or his authorized 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 penalty of Rs.5000/- (Rupees Five Thousand) or
       equivalent cost for re-doing the faulty work, whichever is more, for each of such
       defaults. This penalty will not prejudice the right of the Municipal Commissioner
       or the Engineer to claim compensation.
14 b) Notices to Local Bodies :
       The Contractor shall comply with and give all displays required under any
       Governmental authority, instrument, rule or order made under any Act of
       Parliament, State Laws or any regulation or Bye-laws of any local authority or
       public utility concern relating to works. He shall before making any variation from
       the contract drawings necessitated by such compliance give to the Engineer a
       notice given reasons for the proposed variations and obtain the Engineer’s
       instructions thereon. The Contractor shall pay and indemnify the Municipal
       Corporation against any liability in respect of any fees or charges payable under
       Act of Parliament, State Laws or any Governmental Instrument, Rule or Order
       and any Regulations or Bye-laws of any local authority or public utility concern in
       respect of the works.
15     PENAL ACTION :
15.1   PENALTIES
       In addition to any penal action under general conditions of individual contracts, a
       contractor/s may be liable under these Rules to one or more of the following
       penalties:
         a.   Warning (7.1.1)
         b.   Fine (7.1.1)
         c.   Demotion (7.1.2)
         d.   Banning / De-registration (7.1.3.)
                                          - 168 -
  e.   Suspension of Registration pending inquiry (7.1.4)
  f.   Debarring (7.1.5)
15.1.1.WARNING / FINE
       A contractor/s will be liable to a warning and / or fine for -
       a.   Non-compliance of any provision of these rules,
       b.   Failure to comply with any clause or direction under these Rules or
            failure to comply with any condition of tenders / contracts and
       c.   Inadequate progress / performance under a contract.
       For the first default of any type mentioned above, a warning letter/notice
       will be issued. For each subsequent default of the types in (a), (b) & (c)
       above, the minimum penalty will be imposed to the contractor as per the
       penalties mentioned in the contract document under general condition of
       contract or special condition of contract. Higher amount of fine may be
       levied by the competent authority i.e. defined under Engineer of the
       Project, for the reasons to be recorded.
15.1.2DEMOTION
       A contractor/s is liable to be demoted to any of the lower classes of
       registration on one or more of the following grounds -
       a.   Specific failure or default in execution of individual works, in respect
            of physicalprogress or quality in such works,
       b.   Deterioration in financial or technical ability / capacity and
       c.   Repeated failure to properly fill in tender document/s, fully and
            correctly or delay in execution of formal contract documents
       Note: Demotion from the lowest class of registration will amount to
       banning/de- registration of registration for the period specified. In such
       cases, the registration of the contractor/s will stand restored after the
       period of demotion/banning/de-registration.
                                   - 169 -
     so warrant,
b)   If   the   proprietor   of    the    firm,   its   employee,      partner    or
     representative     is    convicted by a court of law following of
     investigation or under normal process of law for offences involving
     moral turpitude in relation to business dealings viz. Conviction by
     court of law,
c)   If there is strong justification for believing that the proprietor or
     employee, or representative of the firm has                been     guilty   of
     malpractices such as bribery, corruption, fraud substitution of
     tenders, interpolation, misrepresentation, evasion or habitual default
     in payment of any tax levied by law,
d)   If the firm continuously refuses to return MCGM or State Govt. dues
     without showing adequate cause, and MCGM is satisfied that this
     is not due to a reasonable dispute which would attract proceedings
     in arbitration or court of law,
e)   If   the   firm   employs     a     MCGM      or   State    Govt.     servant,
     dismissed/removed on account of corruption, or employs a
     non-official convicted for an offence involving corruption or abetment
     of such an offence, in a position where he could corrupt Govt.
     Servants,
f)   Persistent and intentional violation of important conditions of
     contract. Not attaining required quality of work and non-execution of
     works as per terms and conditions of contract. Constant
     non-achievement of milestone on insufficient and imaginary grounds
     and non-adherence to quality specifications despite being pointed
     out,
g)   An attempt to cheat MCGM, an attempt to secure a contract through
     unfair means or bringing to bear outside influence, an attempt to
     secure unauthorized copies of Municipal records and documents in
     relation to any tender / contract or any other official matter, an
     attempt     to tamper with          Municipal record and documents,
     threatening, misbehaving with or physical attack on any Municipal
     employee/ Officer,
h)   An attempt to instigate or collude with other contractor/s with a view
                             - 170 -
            to securing undue advantage,
       i)   Any of the grounds mentioned in clause Demotion, if it is deemed
            serious enough
 15.1.4 SUSPENSION OF REGISTRATION PENDING INQUIRY
       Whenever any Show Cause Notice is issued to the contractor/s calling for
       the explanation on the alleged lapses by him, the registration of
       contractor/s may be banned / suspended up           to the arrival of final
       outcome of the said Show cause notice, depending on the seriousness of
       the reasons for which show cause notice is issued. Show cause notice
       shall be issued by the officer not below the rank of Executive Engineer in
       charge of the concerned work / project of MCGM. Director (E. S. & P.) or
       concerned Deputy Municipal Commissioner is the competent authority to
       ban / suspend the registration pending inquiry in such cases. Circular of
       Banning / suspension of registration till further orders shall be circulated
       to all departments of MCGM by Head of the executing department i.e.
       Chief Engineer of concerned department / Assistant Commissioner of the
       concerned Ward.
       The registration of the contractor/s will be restored depending on the final
       outcome of the process of the said Show Cause Notice and circular to
       that effect shall be issued by concerned Head of the Department
 15.1.5 DEBARRING
       Debarring is the penal action to be initiated against the Contractors who
       are carrying out works for M.C.G.M. and are not registered with M.C.GM.
       All other criteria and procedure of penal action (i.e. observed for
       suspension, banning, demotion, deregistration) will remain similar as
       mentioned in penal action clause 7.
15.2   AUTHORITY
 15.2.1 On the basis of reports received, concerned Chief Engineer (including
       City / Hydraulic Engineer) in case of central agencies and Assistant
       Commissioner in case of Ward Offices of MCGM will be competent,
       either suo-motu or, to issue warning and/or impose fine and order of
       demotion to contractor/s. The power to issue warning or impose any fine
       can also be exercised by the Executive Engineer concerned in-charge of
       construction in accordance with General Contract Condition specified in
                                  - 171 -
              tender.
       15.2.2 On the basis of report/s received from concerned Chief Engineer or
              Assistant Commissioner, the Director (E.S. & P.) or concerned Deputy
              Municipal Commissioner will be competent, either suo-motu, or to impose
              any of the penalties mentioned in clause 7.1 on the contractor/s.
       15.2.3 On the basis of report/s, the Municipal Commissioner or any of the
              Additional Municipal Commissioners will be competent, either suo-motu,
              or to impose any of the penalties mentioned in clause 7.1 on the
              contractor/s.
15.3   PROCESS
       15.3.1 Before initiating action for demotion / banning / suspension /
              de-registration, the competent authority not below the rank of Executive
              Engineer in charge of the concerned work/project of MCGM, shall issue a
              Show Cause Notice to the contractor/s, as to why penal action should not
              be taken against the said contractor/s. The notice period shall not be less
              than 15 days and shall be counted from the date of receipt of the notice by
              the contractor/s and can be extended, for adequate reasons (to be
              recorded), by the officer who issued the said notice, up to a period of 30
              days (including the initial period).
       15.3.2 If the contractor/s fails to give satisfactory clarification within the period
              stipulated in the show cause notice (or, the extended period, if any), the
              concerned Chief Engineer / Assistant Commissioner shall either take a
              final decision regarding the demotion with specific time period or
              permanently or make detailed report with recommendations for
              suspension / banning / de-registration to the Director (E. S. & P.) or
              concerned Deputy Municipal Commissioner / Additional Municipal
              Commissioner / Municipal Commissioner. Before issuing a final order
              regarding demotion, the Chief Engineer / Assistant Commissioner shall
              give   personal    hearing     to      contractor/s   or   his/their   authorized
              representative on his request in writing, along with his/their letter of
              clarification.
       15.3.3 The competent authority i.e. Dir. (E. S. & P.) / concerned Deputy
              Municipal Commissioner / A.M.C. / Municipal Commissioner, shall give
              personal hearing to contractor/s or his/their authorized representative on
                                           - 172 -
             his request in writing along with his/their letter of clarification, before
             taking final decision on banning / de-registration of the contractor/s with
             specific time period or permanently.
       15.3.4 As far as practicable, the competent authority i.e. Chief Engineer /
             Assistant Commissioner of that concerned department or Dir. (E.S. & P.) /
             concerned Deputy Municipal Commissioner / A.M.C. / Municipal
             Commissioner, shall take final decision regarding demotion / banning /
             de-registration within 15 days of completion of hearing of the contractor/s.
       15.3.5 Any order of penalty passed by the competent authority i.e. Chief
             Engineer / Assistant Commissioner of that concerned department or Dir.
             (E. S. & P.) / concerned Deputy Municipal Commissioner / A.M.C. /
             Municipal Commissioner, under these Rules shall state the facts of the
             case and record the reasons for the order. In case of, suspension /
             banning and de-registration, the order shall also specify the name(s) of
             the proprietor / partner(s) / directors / power of attorney holder of the
             contractor/s firm/ partnership / company as well as the period of demotion
             / suspension / banning / de-registration in his/their order, and shall
             intimate the contractor/s accordingly. A circular to that effect shall be
             issued to all departments of MCGM by the executing department who has
             initiated the action.
       15.3.6 The decision regarding demotion / banning / de-registration shall be
             communicated to contractor/s immediately with directions to submit the
             original registration certificate to the Monitoring & Registration Cell within
             15 days from the date of receipt of the order regarding demotion / banning
             / de-registration, for taking necessary endorsement on the same. If any
             contractor/s does not comply with this requirement within the period of 15
             days mentioned above, He / they shall be deemed to have been
             de-registered automatically at the expiry of the above mentioned period,
             even if the penalty imposed was demotion/banning/suspension for a
             specific period.
15.4   APPEALATE AUTHORITIES FOR PENAL ACTION
       a.    In case of Demotion Director(E.S. & P.) or concerned Deputy Municipal
             Commissioner is the authority and,
       b.    In case of banning/de-registration Additional Municipal Commissioner /
                                         - 173 -
             Municipal Commissioner are the final authorities.
15.5   REVOCATION OF ORDER / RESTORATION OF REGISTRATION
       The Suspended / Banned / Demoted / contractor/s shall be restored to the
       Original Class under which contractor/s was originally registered or as per the
       sanction of the competent authority subject to following;
       a.    An order for suspension/banning/demotion/deregistration passed for a
             certain specified period shall be deemed to have been automatically
             revoked on the expiry of that specified period and it will not be necessary
             to issue a specific formal order of revocation, except that an order of
             suspension/banning/demotion/ deregistration passed on account of
             doubtful loyalty or security consideration shall continue to remain in force
             until it is specifically revoked.
             OR
       b.    An order of suspension/banning/demotion/deregistration for reasons
             mentioned at aforesaid para may be revoked if, in respect of the same
             facts, the accused has been wholly exonerated by a court of law.
             Circular regarding restoration shall be circulated to all departments of
             MCGM by Head of the executing department i.e. Chief Engineer of
             concerned department / Assistant Commissioner of the concerned Ward.
15.6   REVIEW
       The appellate Authorities may, on representation or appeals from the firmsor
       even otherwise review suspension/banning/demotion/deregistration orders.
                                           - 174 -
       Departments/offices of the MCGM after the issue of a banning order.
       Contracts concluded before the issue of the banning / suspension /
       deregistration order shall, however, not be affected by the banning /
       suspension / deregistration order. Contracts concluded shall mean the
       date of issuance of ‘Letter of Acceptance’.
       Even after banning / suspension / deregistration, the agency will be
       allowed to complete his other on-going works, unless otherwise
       rescinded by competent authority on grounds of breach of conditions of
       contract.
15.7.2 If   registered   contractor/s    (a   firm   partnership   or   company)     is
       de-registered/banned/ suspended, then any other registered contractor/s
       (a firm, partnership or company), with any partner or power of attorney
       holder who is also a partner or power of attorney holder of such partner or
       power of attorney holder of the de-registered/banned/ suspended
       contractor/s, shall also stand automatically de-registered/banned/
       suspended,
15.7.3 Demotion / Banning / Suspension / Deregistration order passed in respect
       of a firm shall be extended to all its allied firms (see definition for details)
15.7.4 Proprietor / Partner/s / Director/s / Power of Attorney Holder/s of
       banned/suspended / deregistered firm shall not be allowed in Joint
       Ventures.
15.7.5 Demotion shall be restricted to one class immediately below the existing
       class of registration. Demotion from the lowest class of registration will
       amount to suspension of registration for the period specified
15.7.6 The Demotion / Banning / De-registration shall apply permanently or for
       the period specified in the order of Demotion / Banning / De-registration
       as per the sanction of competent authority i.e. Chief Engineer of that
       concerned department/ or Dir. (E.S. & P.)
       / concerned D.M.C. / A.M.C. / Municipal Commissioner, obtained by the
       executing department/s initiating the action.
15.7.7 De-registered/banned/suspended contractor/s, registered with MCGM in
       any class shall not be entitled to be issued any tender document/s or
       quotation/s for any MCGM works in any class during the period of
       De-registration/Banning/suspension. Further for bids in process, the
                                    - 175 -
              contractor/s will not be considered for award of works /Contract in any
              class, even if the said de-registered/banned/suspended contractor/s is
              having registration of any other Govt. / Semi Govt. agency such as PWD/
              CPWD /MJP / MHADA/MES/CIDCO etc. in any class. MCGM reserves
              the right to terminate the work in case of such default.
       15.7.8 Demoted contractor/s, registered with MCGM in any class shall not be
              entitled to be issued any tender document/s or quotation/s for any MCGM
              works in any upper class during the period of Demotion even if, the said
              demoted contractor/s is having registration in any upper class from any
              other Govt. / Semi Govt. agency such as PWD/CPWD/MJP/MHADA /
              MES/ CIDCO etc. Further for bids in process, the contractor/s will not be
              considered for award of works / Contract in any upper class in such
              cases. MCGM reserves the right to terminate the work in case of such
              default.
       15.7.8 Debarred Contractor/s (in case of Firms with outside registration) and/or
              contractors who are penalized by any other Govt. / Semi Govt. agency
              such as PWD/CPWD/MJP/MHADA/MES/CIDCO etc. shall not be entitled
              to be issued any tender document/s or quotation/s for any MCGM works
              in any class during the period of debarring. Further for bids in process, the
              contractor/s will not be considered for award of Works/Contract in any
              class, even if the said blacklisted contractor/s is having registration of
              MCGM       or   any   other    Govt.    /   Semi   Govt.   agency   such   as
              PWD/CPWD/MJP/MHADA/MES/CIDCO etc. in any class.
15.8   Payment upon banning / suspension / deregistration of firm
       If the Contractual agency is banned / suspended / deregistered for the
       appropriate reasons because of a fundamental breach of Contract by the
       Contractor, the Engineer shall issue a certificate for value of the work done and
       materials ordered. Any excess expenditure incurred or to be incurred by the
       Municipal Corporation in completing the works or part of the works or excess
       loss or damages suffered or may be suffered by the Municipal Corporation due
       to sub-standard work shall be recovered from any money due to the Contractor
       on any account and if such moneys are not sufficient the Contractor shall be
       called upon in writing to pay the same within thirty days. If the Contractor fails to
       pay required sum within the aforesaid period of 30 days, the Engineer shall have
                                            - 176 -
       right to sell any or all of the Contractor’s unused materials, constructional plant,
       implements, temporary buildings, etc. and apply the proceeds of sale thereof
       towards the satisfaction of any sums due from the Contractor under the contract,
       and if thereafter there be any balance outstanding from the Contractor, it shall be
       recovered in accordance with provision of the contract.
       Any sums in excess of the amounts due to the Municipal Corporation and unsold
       materials constructional plant, etc. shall be returned to the Contractor, provided
       always that if cost or anticipated cost of completion by the Municipal Corporation
       of the works or part of the works is less than the amount of which the Contractor
       would have been paid had he completed the works or part of the works, benefit
       shall not accrue to the Contractor.
15.9   REFUND OF FEES
       Demoted / banned / suspended or de-registered contractor/s shall not be entitled
       for refund of Registration / Up-gradation / Renewal fees.
15.10 RENEWAL FOR DEMOTED CONTRACTORS
       The renewal of demoted contractor/s shall be processed for original class and
       the penal action of demotion will continue till the specified period.
       In case the validity of the suspended contractor/s falls in suspended period, the
       validity will be renewed after completion of suspension period, in continuation of
       validity of his registration without charging the penalty prescribed for renewal.
                                          - 177 -
                 SECTION B: Safety Health & Environment
1.     SAFETY ORGANISATION
1.1.   SHE Policy
       The Contractor shall have a written health, safety and environment policy issued
       by the Chief Executive of the Organization, appropriate to the scale and nature
       of the risks involved in the contract works. A copy of the Policy shall be made
       available to the Employer at the time of contract in evidence of Contractor’s
       commitment to management of employee's health and safety and compliance to
       Statutory and regulatory requirements. All Contractors’ employees shall be
       familiar with the Safety Policy and their role and obligations in its
       implementation. The Policy shall meet the relevant statutory and regulatory
       requirements and the requirements of the Employer. The Policy shall
       periodically be reviewed for updating with respect to new and emerging legal
       and other requirements. SHE policy should focus and present well defined SHE
       objectives and targets.
1.2    Site specific SHE Plan / Procedures / Forms & Documents
       Contractor will have to prepare & get SHE plan approved from the Employer’s
       representative. Contractor will work as per OHSAS guidelines. Contractor can
       use Forms available with client’s representative to show documentary evidence
       of compliance.
1.3    Safety Representative
       a)    The Contractor shall appoint a Safety Representative (SR) meeting
       statutory competence requirements, with a minimum experience of five years of
       safety management in comparable contracts, approved by the Employer on the
       basis of his qualification [DIS] and experience & shall have hands-on experience
       on OHSAS 18000 & Environment Management System (EMS). Safety Head of
       Client’s representative can disqualify the SR if found unsuitable. The SR shall
       give his whole time to the superintendence of the Health and Safety Programme
       of the Contractor.
                                        - 178 -
      b)    The Contractor shall also nominate in writing competent Safety
      Appointees from different disciplines to assist SR in implementation of health
      and safety measures in their routine contract works. The SR shall have sufficient
      authority to direct Contractor's or his Subcontractor's personnel to meet health
      and safety requirements and to stop performance of work until such
      requirements are met.
1.4   Employee consultations, Safety Committee and communication
      a)    The Contractor shall ensure full involvement of all his employees
      recognizing their right to consultation on health and safety matters. The Safety
      Appointees of the various areas, in conjunction with the SR shall be responsible
      for ensuring employees' involvement through routine safety inspections, hazard
      and risk assessment in new and changed works and their control. Contractor
      shall maintain appropriate operating procedures to guide these requirements.
      Contractor shall plan, maintain and implement annual training calendar/matrix
      for periodical SHE Induction & Training programs for all working level personnel.
      b)    The Contractor shall also appoint a Safety Committee (SC) comprising of
      Safety Appointees from the various areas under the chairmanship of the
      Contractor’s Project In charge .The committee shall meet at periodic intervals
      minimum monthly to discuss the status and adequacy of the safety
      management, and any safety concerns of the employees. The committee shall
      also formulate and validate the safety procedures incorporating controls to
      prevent or mitigate hazards and risks before submission for approval by
      Employer / Engineer. The minutes of SC meeting shall be submitted to the
      Employer / Engineer. SR shall maintain the records of the meetings. The
      frequency of the meetings shall be clearly defined in the SHE program and
      minutes of the meetings shall be submitted to Employer.
      c)    The Contractor shall communicate with the help of Notice board, Posters,
      Sign boards to the employees regularly on job hazards applicable to their tasks
      in hand. Safety Appointees (SA's or any of SR's nominees.) shall hold 'Toolbox
      talks' for this purpose on a routine basis before undertaking any safety critical
      and /or non-routine activities. Weekly meetings of the Contractor and his
      Subcontractor attended by the SR and SA's shall include safety as a key item in
      the agenda to discuss hazards and risk assessments, Job safety analysis, and
      control procedures and to review accidents and incidents (Near-miss) for
                                       - 179 -
       remedial measures to prevent such occurrence. The minutes of the meeting
       shall be submitted to the Employer / Contractor. SR shall maintain the records.
1.5    Contractor's accident / Environmental incident reports
       "Accident" for the purpose of this clause is defined as "Undesired event giving
       rise to death, ill-health, injury, damage or other loss" and "Incident" is defined as
       “Event that gave rise to an accident or had the potential to lead to an accident”.
       An accident where no ill health, injury, damage or other loss occurs also referred
       to as "near- miss". Incident includes near miss.
       The Contractor shall report orally, to Employer and Engineer regardless of their
       extent, duration and severity, immediately on occurrence of all accidents
       resulting in:
       a)      Personal injury / Dangerous Occurrence,
       b)      Property damages,
       c)      Fires,
       d)      Spills
       e)      Overflows of septic tanks and
       f)      near-misses
       Contractor shall submit the accident/ incident report in writing to Employer /
       Engineer within 24 hours of its happening in the form as prescribed by the
       governing statute or in the absence of which, in the form prescribed by the
       Engineer. Contractor shall detail in the Accident/Incident report, the particulars
       of the dangerous occurrence leading to the accident, lost time of absence due to
       accident, root cause analysis and the corrective and preventive actions to
       prevent such recurrence. In addition, Contractor shall include his estimate of the
       impact of accident on project schedule. Incidents shall also be reported in the
       same manner identifying root cause/s to eliminate such potential occurrence or
       risks
1.6.   First -aid personnel and facilities
       a)      The Contractor shall make available first-aiders, first-aid boxes and or
       first aid stations as per statutory requirements. The persons holding current
       certificates of competency of recognized institutions in prescribed numbers as
       per any governing statute and in the absence of such regulatory requirement a
       minimum of two first- aiders for each area of work for every hundred workmen.
       First-aiders' names shall be prominently displayed.
                                          - 180 -
      b)     The first -aid boxes shall display contents of medical and medicinal
      articles with quantity maintained, which shall be in accordance with governing
      statute. Nominated first-aider shall replenish stock promptly.
             The first-aid refresher training shall be provided at least once in a year
      and all employees shall be encouraged to undergo first-aid training. A record
      shall be kept of all first aid treatments with particulars of treatment and personnel
      providing the treatment.
1.7   Purchase and Procurement Control
      a)     The Contractor shall maintain a procedure for control of his purchases to
      ensure that all safety requirements are appropriately vetted by the safety
      personnel during all stages of procurement including planning of specifications,
      inspection for acceptance and commissioning in order that threats to safety are
      not overlooked and appropriate attention is paid to the training of personnel in
      the operation of Contractor's new or changed machinery and their operation
      control procedures, to prevent / control risks.
      b)     Contractor shall exercise due diligence in appointing his subcontractors
      and outsourcing contract services, that no new health and safety threats are
      created. Contractor shall ensure personnel of subcontractors and outsourced
      contract services are competent in health and safety management to meet the
      Policy requirements. They shall be made aware of the safety rules, emergency
      procedures and any information that will have a bearing on the safety, health and
      related contractual obligations
1.8   Hazard Identification and Risk Assessment
      Contractor shall ensure that his key personnel and safety personnel are trained
      to be competent in hazard identification, risk assessment and risk control
      processes. Contractor shall on a routine basis identify, evaluate and control all
      health and safety risks especially in the hazardous work activities to validate the
      previous risk assessments. Elements such as hazard identification, evaluation of
      risks with existing control measures in place and estimate of tolerability of the
      residual risks shall be an ongoing process. Any additional/New control measures
      shall be designed based on this process on need basis. Contractor shall make
      sure that specific work related risk assessment is attached to the permit while
      taking the permit.
                                         - 181 -
2.0   Health and well being of construction workers
      The objective is to ensure health and safety of the workers during construction,
      with effective provisions for the basic facilities of sanitation, drinking water,
      safety of equipments or machinery etc.
      Following are the recommendations to be followed:
      1.     Comply with the safety procedures, norms and guidelines (as applicable)
      as outlined in the document Part 7 Constructional practices and safety, 2005,
      National Building code of India, Bureau of Indian Standards
      2.     Provide clean drinking water to all workers
      3.     Provide adequate number of decentralized latrines and urinals to
      construction workers.
      4.     Guarding all parts of dangerous machinery.
      5.     Precautions for working on machinery.
      6.     Maintaining hoists and lifts, lifting machines, chains, ropes, and other
      lifting tackles in good condition. Durable and reusable formwork systems to
      replace timber formwork and ensure that formwork where used is properly
      maintained.
      7.     Ensuring that walking surfaces or boards at height are of sound
      construction and are provided with safety rails or belts.
      8.     Provide protective equipment; helmets etc.
      9.     Provide adequate measures to prevent fires.
      10.    Fire extinguishers and buckets of sand to be provided in the fire-prone
      area and elsewhere where ever found necessary.
      11.    Provide sufficient and suitable light for working during Nighttime.
      12.    Dangers, health hazards, and measures to protect workers from
      materials of construction, transportation, storage etc.
      13.    Safety policies of the construction firm/division/company.
                                        - 182 -
3.0   Water use during construction
                                           - 183 -
         Area
                      Category of Area/ Zone            Limits of dB(A)Leq
         code
         A            Industrial Area                   75           70
         B            Commercial Area                   65           55
         C            Residential Area                  55           45
         D            Silence Zone                      50           40
Note:-
i)       Day time shall mean from 6AM to 10 PM
Night time shall mean from 10 PM to 6AM
Silence Zone is an area comprising not less than 100meters around hospitals,
educational institutes, courts, religious places or any other area declared such
by competent authority.
                                  - 184 -
ANNEXURE-I
  - 185 -
                              ANNEXURE-I
Adjustment Formulae
a)   Local Currency Component
     i.    Price adjustment for increase or decrease in the cost due to local
           labour shall be paid in accordance with the following formula:
                         VL = (88/100) x PL X [(Li - Lo) / Lo ]
           VL=    increase or decrease in the cost of work during the quarter
                  under consideration due to changes in rates for local labour
           Lo =   The Consumer Price Index Numbers (General) for Mumbai
                  (declared by the Labour Bureau, Government of India) as
                  on the date 30 days prior to the deadline for submission of
                  bids
           Li =   The average Consumer Price Index Numbers (General) for
                  Mumbai (declared by the Labour Bureau, Government of
                  India) for the quarter under consideration.
           PL = Percentage of local labour component as specified in
                  Special conditions of contract (SCC).
                               - 186 -
                contract (SCC)
                              - 187 -
      PM = Percentage of local material component as specified in
             Special conditions of contract (SCC).
v.    Price adjustment for increase or decrease in cost of fuel and
      lubricants procured by the Contractor from a source within India
      shall be paid in accordance with the following formula:
                       VF = (88/100) x PFX [(Fi - Fo) / Fo ]
      VF = Increase or decrease in the cost of work during the quarter
             under consideration due to changes in rates for fuels and
             lubricants.
      Fo = The retail price of High Speed Diesel (HSD) at the existing
             consumer pumps of Indian Oil Corporation (IOC)             at
             Mumbai as on the date 30 days prior to the deadline for
             submission of bids.
      Fi =   The retail price of HSD at the existing consumer pumps of
             IOC at Mumbai for the 15th day of each calendar month of
             quarter under consideration.
      PF = Percentage of fuel and lubricants as specified in Special
             conditions of contract (SCC). (For the application of this
             clause the price of HSD has to be chosen to represent
             Fuels and Lubricants group.)
                             - 188 -
               Plates for the quarter under consideration as published by
               the Office of the Economic Advisor, Ministry of Industry,
               Government of India, New Delhi.
        PP = Percentage of steel plates component for the Works as
               specified Special conditions of contract (SCC).
                            - 189 -
                     machinery & parts for the quarter under consideration as
                     published by the Office of the Economic Advisor, Ministry of
                     Industry, Government of India, New Delhi.
              PT = Percentage of mechanical plant and machinery component
                     as specified in Special conditions of contract (SCC)
For extra items of works required to be executed as per Clause 10(a) and 10 (b)
of Conditions of Contract, the escalation will be payable on the basis of formulae
mentioned above by adopting Lo, Co, So, Mo, Fo, Po, Eo, and To prevailing on
the date of first execution of the extra items.
The percentage of various components such as labour, material, fuel and
lubricants to be adopted in the formulae for working out increase or decrease in
cost of work, in case of extra items shall be decided while framing the rate for
extra items on the basis of actual.
                                   - 190 -
          SECTION 10
             - 191 -
                       SPECIAL CONDITIONS OF CONTRACT
The following modifications made to the clauses of the Standard General Conditions of
Contract for Construction Works, 2016, under this chapter shall prevail over the
respective clauses of Standard General Conditions of Contract for Construction
Works, 2016.
(1)    GCC Clause No. 3.d) Joint Venture (JV) Firms
1.    A joint venture of not more than two (2) firms / entities may also participate in
      the bidding. The joint venture entities shall follow the following principles.
2.    Separate identity/name shall be given to the Joint Venture firm.
3.    Number of members in a JV firm shall not be more than two.
4.    A member of JV firm shall not be permitted to participate either in individual
      capacity or as a member of another JV firm in the same tender.
5.    The tender form shall be purchased and submitted in the name of the JV firm or
      any constituent member of the JV.
6.    Normally EMD shall be submitted only in the name of the JV and not in the name
      of constituent member. However, EMD in the name of lead partner can be
      accepted subject to submission of specific request letter from lead partner stating
      the reasons for not submitting the EMD in the name of JV and giving written
      confirmation from the JV partners to the effect that the EMD submitted by the
      lead partner may be deemed as EMD submitted by JV firm.
7.    One of the members of the JV firm shall be the lead member of the JV firm who
      shall have a majority (at least 51%) share of interest in the JV firm. The other
      member shall have a share of not less than 26%. In case of JV firm with foreign
      member(s), the lead member has to be an Indian firm with a minimum share of
      51%.
8.    A copy of Letter of Intent or Memorandum of Understanding (MoU) executed by
      the JV members shall be submitted by the JV firm along with the tender. The
      complete details of the members of the JV firm, their share and responsibility in
      the JV firm etc. particularly with reference to financial, technical and other
      obligation shall be furnished in the agreement.
9.    Once the tender is submitted, the agreement shall not be modified /altered/
      terminated during the validity of the tender. In case the tenderer fails to observe
      /comply with this stipulation, the full Earnest Money Deposit (EMD) shall be
      forfeited. In case of successful tenderer, the validity of this agreement shall be
      extended till the currency of the contract expires.
10. Approval for change of constitution of JV firm shall be at the sole discretion of the
    MCGM. The constitution of the JV firm shall not be allowed to be modified after
    submission of the tender bid by the JV firm except when modification becomes
    inevitable due to succession laws etc. and in any case the minimum eligibility
                                          - 192 -
     criteria should not get vitiated. In any case the Lead Member should continue to
     be the Lead Member of the JV firm. Failure to observe this requirement would
     render the offer invalid.
11. Similarly, after the contract is awarded, the constitution of JV firm shall not be
    allowed to be altered during the currency of contract except when modification
    become inevitable due to succession laws etc. and in any case the minimum
    eligibility criteria should not get vitiated. Failure to observe this stipulation shall be
    deemed to be breach of contract with all consequential penal action as per
    contract condition.
12. On award of contract to a JV firm, a single Performance Guarantee shall be
    required to be submitted by the JV firm as per tender conditions. All the
    Guarantees like Performance Guarantee, Bank Guarantee for Mobilization
    advance, machinery Advance etc. shall be accepted only in the name of the JV
    firm and no splitting of guarantees amongst the members of the JV firm shall be
    permitted.
13. On issue of LOA, an agreement among the members of the JV firm (to whom the
    work has been awarded) has to be executed and got registered before the
    Registrar of the Companies under Companies Act or before the Registrar /
    Sub-Registrar under the Registration Act, 1908. This agreement shall be
    submitted by the JV firm to the MCGM before signing the contract agreement for
    the work. (This agreement format should invariably be part of the tender
    condition). In case the tenderer fails to observe/comply with this stipulation, the
    full Earnest Money Deposit (EMD) shall be forfeited and other penal actions due
    shall be taken against partners of the JV and the JV. This joint venture agreement
    shall have, inter-alia, following clauses:-
     13.1. Joint and several liability - The members of the JV firm to which the
           contract is awarded, shall be jointly and severally liable to the Employer
           (MCGM) for execution of the project in accordance with General and
           Special conditions of the contract. The JV members shall also be liable
           jointly and severally for the loss, damages caused to the MCGM during the
           course of execution of the contract or due to no execution of the contract
           or part thereof.
     13.2. Duration of the Joint Venture Agreement -It shall be valid during the
           entire period of the contract including the period of extension if any and the
           maintenance period after the work is completed.
     13.3. Governing Laws - The Joint Venture Agreement shall in all respect be
           governed by and interpreted in accordance with Indian Laws.
     13.4. Authorized Member -Joint Venture members shall authorize one of the
           members on behalf of the Joint Venture firm to deal with the tender, sign
           the agreement or enter into contract in respect of the said tender, to
           receive payment, to witness joint measurement of work done, to sign
                                            - 193 -
          measurement books and similar such action in respect of the said
          tender/contract. All notices/correspondences with respect to the contract
          would be sent only to this authorized member of the JV firm. No member
          of the Joint Venture firm shall have the right to assign or transfer the
          interest right or liability in the contract without the written consent of the
          other members and that of the employer in respect of the said
          tender/contract.
                                       - 194 -
      14.4. All the members of the JV shall certify that they have not been blacklisted
            or debarred by MCGM from participation in tenders/contract in the past
            either in their individual capacity or the JV firm or partnership firm in which
            they were members / partners.
      14.5. Credentials & Qualifying criteria: Technical and financial eligibility of the
            JV firm shall be adjudged based on satisfactory fulfillment of the following
            criteria:
             Technical eligibility criteria: The technical eligibility criteria shall be met
             either by any one member or by both members of joint venture collectively.
             Financial eligibility criteria: The financial eligibility criteria shall be met
             either by any one member or by both members of joint venture collectively.
(2)    GCC Clause No. 12(b) - Interim Payment -
       Sub Clause 12(b) - (iii) Adhoc payment - Not Applicable
(3)    GCC Clause No. 8(i) – Network Schedule & Monthly Progress Reports -
       Milestones targets and amount to be held in abeyance for not attainment of
       milestone as specified under GCC Clause 8 (i) are not applicable.
(4)    GCC Clause No. 5(b) – Office of the Engineer (Works costing upto
       Rs. 50 Lakh) -
       This clause is not applicable.
(5)    GCC Clause No. 5(c) –Office of the Engineer (Works costing above
       Rs. 50 Lakh) -
       Provision for conveyance by the contractor to the staff is not applicable.
                                           - 195 -
     SECTION 11
  SPECIFICATIONS &
SELECTION OF MATERIAL
         - 196 -
                         TECHNICAL SPECIFICATIONS
1.1 Specification
These specifications are intended for general description of site conditions, scope of
work and requirements, products, execution, quality of workmanship and finished
work. They are not intended to cover minute details. The work shall be executed in 319
The Contractor shall read this Technical Specification in conjunction with the standard
specification of the Municipal Corporation of Greater Mumbai for Sewerage Works and
other documents and technical manual, papers, guidelines, standards and
specification etc. referred to in the specification. For Civil, Mechanical & Electrical
works, MCGMs respective standard specifications shall be applicable during
execution of the project. Bidders are requested to get acquainted with the same before
bidding.pjn c
The Techniques considered acceptable for the purpose of this Contract is structural
type II standalone pipe lining using Trenchless Technology only.
The clauses in this section are meant to provide general guidelines and compliance
requirements to the Contractor. It does not however relieve the Contractor from taking
all precautions as deemed necessary to complete the rehabilitation of sewer lines
successfully within the specified contract period and bided amount.
The consideration that structural type II standalone pipe lining method as a suitable
method for rehabilitating the sewer lines in the specification shall not relieve the
Contractor in any way from his prima facie obligation and responsibility under the
contract to successfully rehabilitate the sewer lines without causing interruptions to
road and pedestrian traffic.
                                         - 197 -
It is deemed that the Contractor’s rates in the Bill of Quantities are for successfully
rehabilitating the sewer lines included in the scope of works, by standalone lining
method within the specified contact period regardless of the method considered as
suitable in this specification.
Mumbai is the capital of the State of Maharashtra in the Republic of India. It is located
on the West Coast of India at latitude 19ºN and longitude 72º 50’E. It is an island
connected with main land by road, rail and air. The city and suburbs are administered
by the Municipal Corporation of Greater Mumbai (MCGM).
The annual rainfall in Mumbai is of the order of 2000 mm, most of which is precipitated
within 4 months of monsoon from June to September, leaving a dry working period of 8
months from October to May. Mean daily temperature varies from about 22º C to 36º
C, the hotter months generally being March, April, May and June.
The relative humidity is generally between 48% and over 90% highest being in the
monsoon period from June to September. Some of the suburban areas are reclaimed
land and the water table is generally high.
The city is well connected to other Indian and international cities by air and land.
The Mumbai area was formed geologically, through volcanic effusions and deposition
of marine strata. The area also has tuffs, tuffaceous breccias and volcanic ashes
which are all much softer than the basalt trap rock.
Mumbai Soil essentially consists of clay, with the particular nature of the top soil
varying depending upon the location. However, since as more than 50% of the area
has been raised through reclamation, the surface material often reflects the nature of
the fill material used. In general, a 1-1.5m topsoil / fill layer, overlaying clay of depth
varying between about 3.5 m to 7.0 m. The clay layer is followed by a layer of ‘murrum’
which is supported, in turn, on weathered basalt rock, tuffs or tuffaceous breccias. In
                                          - 198 -
reclaimed areas, the top soil may vary in depth from 1m to 3m and generally
comprises fill materials varying from loose boulders and pieces of weathered rock, to
well compacted clay. In general, the ground conditions for most of the area can be
classified as good with respect to the construction of sewer lines. It may be possible to
get rock at very shallow depth and sewers in such cases might have a rock.
Contractor shall make reference to detailed geological survey maps for Mumbai areas
from the relevant authorities for further details on the ground conditions.
Sea water levels are recorded in the Automatic Gauge Recorder at Apollo Bunder. The
tidal cycle is twice daily, but because of an appreciable diurnal element, unequal tides
are produced on most days causing wide variation in extreme levels. This variation is
sufficient to cause to lowest high water to be lower than the highest low water level.
Statistical studies indicate that:
There is a considerable impact of the tidal effects to the sewage conveyance system.
Since there are believed to be a number of interconnections between sewage
conveyance system and storm water drains, sea water finds its way to sewers under
high tide conditions.
Flooding can occur in the city area as a result of a number of factors including rainfall,
rainfall in conjunction with high tides and Storm Drain blockages or collapses. There
appears to be little reported evidence for sewage flooding as a direct result of
inadequate sewer hydraulic capacity, though part of the sewage may be flowing in the
storm water drainage system. No work on sewers shall be permitted during monsoon
season. Similarly no excavation shall be permitted during notified period.            The
intrusion of the storm water flow in the sewage system is to increase the hydraulic load
on both the conveyance and pumping systems and due to its effect on the sewer
infiltration / exfiltration, may result in possible disturbance of the ground in areas with
fine granular or poor soil conditions.
                                          - 199 -
1.3.5     Ground Water
The ground water during monsoon period is expected to be high and some time it is up
to the ground level. For the purpose of designing liners, the Contractor shall consider
that the ground water level is up to the ground level.
MCGM is responsible for providing sewerage facilities for the city and suburbs,
covering an area of about 438 sq.km. There are seven sewerage catchment areas,
namely Colaba, Worli, Bandra, Versova, Malad, Bhandup and Ghatkopar and 52
major pumping stations in the Brihan Mumbai.
Presently the urban area of Mumbai is being served by a gravity collection sewerage
system involving a network of branch sewers, intercepting sewers and trunk sewers
having total length of about 1830 km.
Sewerage network comprising of sewer lines and manholes is now available on a GIS
system which uses ESRI, ArcView / Info format. The GIS information is available for
inspection in the SUMC at Dadar. Any bidder desirous of inspecting the same may do
so at his own cost.
                                         - 200 -
1.4.2       Manholes
The manholes constructed on the sewerage system in Mumbai are usually conical
tapering manholes and trapezoidal and square scraper manholes. The conical
manhole is provided with the clear opening of 560 mm at the top while the opening for
trapezoidal manholes is 0.6 m x 0.9 m and that for scraper type is 1.2 m x 0.9 m. The
bottoms of the conical manholes are 1.2, 1.5 m, 1.8 m. diameter. The bottoms of the
scraper manholes on sewers under reference are 1.5m or 1.8m square. For easy
access to the sewer body, the manholes are generally provided at a distance of 30 m.
For structural lining method, the bidder has to design the structural liner system in
such a way that their installation can be carried out using the opening of manholes
only. Trenching shall be permitted only for making insertion trenches/pits/shafts and
for diversion of sewage flow. If, any other excavation becomes inevitable due to any
issue, the same shall be at risk and cost of the Contractor. Provisions for making
trenches and reinstatement of the same has been made in the bills of quantities.
Where the pits are dug by breaking the existing manholes, the contractor shall
reinstate the broken manhole.
The Contractor is deemed to have visited the sites and familiarised himself of the
conditions, restrictions and constraints as well as any differences from drawing etc.
under which the work will be executed. The omission of any details shall not relieve the
Contractor of his prima facie obligation and responsibility under the Contract to carry
out and successfully complete the rehabilitation works. No monetary or other claims,
made by the Contractor on the grounds of want of knowledge will be entertained by the
Employer.
The Contractor is advised that it is his sole responsibility to ascertain for himself the
extent of work that is required to be done in site and to generally obtain his own
information on all matters affecting directly or indirectly the execution of the whole
works involved in the contract to the complete satisfaction of the Engineer. No claim of
extras in consequence of any alleged ignorance in any aspect will be entertained by
the Engineer. It must be clearly and definitely understood that the contractor shall be
held solely responsible for making all necessary arrangement and coordinating with
                                         - 201 -
relevant authorities and obtaining permissions in time, competent agencies and
specialist contractors etc., to ensure satisfactory completion of the Contract.
The performance requirements are spelt out in various parts of the contract
specification and the Contractor shall ensure that he fully understands and complies
with all the requirements specified in the contract. However, in the event of any
conflicting performance requirements in the documents, the Contractor shall promptly
bring such matters in writing to the attention of the Engineer for a clarification and/or
decision. The Engineer’s decision will be conveyed to the Contractor in writing and his
decision shall be final. The Contractor shall fully comply with Engineer’s decision on
the matter.
The Contractor is deemed to have read and understood all the performance
requirements before pricing the Contract and he shall have no claim whatsoever with
respect to the Engineer’s final decision on the matter.
The Contractor shall ensure that all the necessary safety requirements for persons
working in sewers, manholes, chambers, and all other sewerage installations are fully
complied with all statutory safety requirements and provisions in the MCGM’s general
safety precautions, NHRC guidelines, Competent Courts, OSHA regulations and the
clauses in the specification. The requirements and precautions to be taken when
working in confined space and in live sewers are specified in the specification.
The Contractor shall at his own cost, arrange for electrical power required by him for
the execution and completion of the Works. The Contractor shall make his own
arrangement at his own cost to supply water for his use.
The bidder is required to quote his rate for the technology proposed by him and
                                         - 202 -
approved by Engineer.
It is deemed that the rates offered by the Contractor have included everything required
to comply with all the required provisions as above and any additional requirements
including sewer isolation, plugging, diversion traffic management, etc. as necessary to
carry out the construction work safely. The Contractor is also deemed to have allowed
for any method related contingencies in his rates. Innovation in relation to the best
specified product and the best practice is encouraged and the Employer will consider
all the options to get the best installed product at competitive price. Hence, sufficient
documentation must be submitted with the Technical Schedules of the bid to enable
the Employer to carry out an initial investigation and appraisal of the product and the
method offered and to ascertain the benefit and the advantage of the product to the
Employer.
The Contractor is advised that there may be other Contractors (i.e. from PWD,
MMRDA, other department of MCGM or other authorities) working within the site area.
The Contractor may therefore be given joint possession, in some sections of the sites,
with the other Contractors for the purpose of carrying out his contractual obligation and
he shall in no way interfere with, impede or otherwise prevent these other Contractors,
from carrying out their contractual obligations. The Contractor shall allow in his prices,
when bidding, for affording reasonable facilities to the other Contractors and for any
interference with his work from these other contract operations.
Where there are other contractors working in the same area, the contractor must
programme / plan his works to be contained within his working space to avoid any
interference to and by the other contractors, and shall liaison work in co-ordination with
them. No claim on account of this clause will be entertained by the MCGM and his
prices are to include for such contingency.
The contractor shall note that it is the responsibility of the contractor to co-ordinate and
arrange meetings with Utility Companies or the Government or Municipal
departments. The Corporation would arrange to give authority letters to the contractor
for arranging such meetings. The Engineer’s representative shall be present in such
meetings. The Corporation is not contractually bound to accept what transpired in any
                                           - 203 -
meetings or discussions in which the Engineer or the Corporation was not
represented.
It shall be noted by the Contractor that transport of the equipment and materials and
movement of vehicles overland will be subject to regulation of transport by various
statutory authorities. The Contractor’s rates/prices shall include for all costs arising
from the imposition of traffic hours restriction by the Traffic Police. The Bidder is
advised to obtain accurate information from the concerned authorities before bidding
for the work.
The Contractor shall provide for the Engineer’s Representative and his staff such
protective clothing, safety helmets and rubber boots of suitable sizes, hand lamps and
the like as may be reasonably required by them. These articles shall remain the
property of the Contractor.
The contractor shall construct, maintain and afterwards remove and reinstate site
roads and accesses required for the execution of the works. Unless the Contract
otherwise provides, the cost of such works shall be borne by the Contractor.
In case no particular specification is given for any work to be done under the contract,
the relevant specifications, where exists, of the Indian Standard Institutions shall
apply.
                                          - 204 -
1.15      Claims for Damage to Persons or Property
Any claim received by the Employer in respect of matters in which the Contractor is
required under the Contract to indemnify the Employer will be passed to the Contractor
who shall likewise inform the Employer of any such claim which is submitted directly to
him by a claimant.
The Contractor shall take all due care and necessary precautionary measures to
ensure that no damage occurs to any existing sewer, water or gas mains, electricity or
telephone cables culverts and any other existing services. Any damage arising out of
the Contractor’s work in such respect will be met with entirely by the Contractor and no
claim to the contrary will be entertained by the Corporation.
The Contractor shall note that within probable sewer projected area on surface or
immediately adjoining the outside of the sewer reserves, other services may have
already been laid and his attention is particularly drawn to his responsibility for the
maintenance of other services. The Contractor will be allowed working space outside
reserves, where approval for its use is obtainable by him from the owners/authorities,
but the Contractor will be required to limit his working space where obstruction to traffic
                                          - 205 -
is likely or access to adjoining sites or services is affected.
Any additional working space required by the Contractor will be entirely the
Contractor’s responsibility and he will be required to obtain all necessary consents,
pay all the costs arising out of compensation, etc. and reinstate the land affected to the
satisfaction of the owner and the Engineer.
The Contractor shall establish substantial bench marks and fixed points on the site to
the Engineer’s direction and shall ensure that these are not damaged or disturbed. All
such bench marks and fixed points must be referred to a Master Bench Mark and
follow Town Hall Datum (THD) as maintained by the MCGM. All survey works shall be
compatible to upload the information into the GIS system maintained by MCGM after
the approval of the Engineer.
This clause shall apply also to plants which, in the opinion of the Engineer, are not as
quiet in operation as the circumstances seem to the Engineer to warrant.
The Contractor shall use every possible means to prevent noise and annoyance to the
residents of the neighbourhood in which the works and the Contractor’s depots are
                                           - 206 -
situated and all machinery must be of such design and so arranged to be reasonably
free of noise in working.
In the event of air compressors or pneumatic tools being used on the Works, the
Contractor shall, if and when required by the Engineer, arrange for such compressors
or tools to be fitted with silencers of approved design or adopt other means approved
by the Engineer for the purpose of reducing noise as far as possible.
The Contractor will not be allowed to make any extra charge for work or expense
incurred in complying with the requirements of this clause.
The Contractor shall level and clear undergrowth and also provide for the temporary
diversion of such existing drains, water courses or land springs as are interfered with
during the progress of the works. Any drains or water courses so diverted must be
reconstructed in their original positions on completion of the works. Where drains or
open ditches occur, the Contractor will be responsible for keeping these free of
excavated material and ensuring the free flow of water.
The site and working areas shall be maintained at the Contractor expense in
accordance with current existing regulations governing anti-pollution and mosquito
control and other civic statutory requirements of maintaining healthy site conditions all
the time.
Where work is undertaken near or adjacent to buildings and in the opinion of the
Engineer, the stability of such buildings is liable to be affected as a result of the work,
he shall arrange to have such buildings inspected and to have record any cracks or
any other defects which may be affected by the work. Every precaution should be
taken by the Contractor to safeguard such building or structure and they should be to
the complete satisfaction of the Engineer. The Contractor may be directed by the
Engineer to excavate in such lengths of excavation as will permit the least amount to
                                          - 207 -
be opened at one time in order to minimize to danger of such open excavation
affecting the stability of buildings or their supports.
The Contractor will be held responsible for damage to public, private or other buildings
and properties adjacent to the site of the works which is caused as a direct or indirect
result of the Contractor’s work. Should the Contractor fail to take the necessary
precautions the Engineer may, after giving the Contractor twenty-four (24) hours
notice in writing, carry out such work as may be necessary using Corporation labour,
material, plant, implements and transport. The cost of such work will be charged to the
Contractor.
The Contractor must take due care to safeguard all existing services, such as water,
sewer or gas mains, electricity telephone cables, required to excavate *trial pits in
advance of the Works and determine accurately the position of mains, pipes etc. The
Contractor shall notify the Engineer of any mains, pipes or conduits met which in trial
pits or excavation and shall take steps to support and protect these to the satisfaction
of the Engineer. The Contractor will be responsible for any damage done to mains,
cables, culverts and other services, inside or outside the excavation as a result of
earth movement, faulty timbering, excessive weight of excavated material being
deposited too close to open trench, leaving the excavation open for an unduly long
period or to any form of settlement following backfilling.
No work done by the Engineer or his workmen nor the fact that the timbering has
complied with this Specification or neither requirements of the Engineer nor the
approval of proposed or completed timbering etc, by the Engineer shall absolve the
Contractor from his responsibilities and he will be required to make good any damage
caused as a result of the timbering failing to give proper support to the sides of the
excavation.
Furthermore, the Contractor is required to conform to any other safety and fire
regulations that may be introduced from time to time.
The Contractor is required to carry out the Works in the manner detailed herein, shown
on the drawings and normally adopted. He is at liberty to supply with his Bid such
                                           - 208 -
modification as he proposes for consideration and shall seek approval from the
Engineer before he is allowed to apply new or changed methods of construction.
Notwithstanding any Specification, approval of decision given by the Engineer as to
the carrying out of the Works, the Contractor will be wholly liable for the safety of the
works, both temporary and permanent and for the completion of the Contract to the
satisfaction of the Engineer.
It must be clearly and definitely understood that the contractor shall be held solely
responsible for making all necessary arrangement and co-coordinating with traffic
authorities to obtain all the necessary permissions in time to work in the designated
stretches from the traffic authorities and shall submit such permission to the Engineer
for him to authorize such work before carrying out any activity related to the work
under the scope of the contract.
It is deemed that the rates offered by the Contractor have included everything required
to comply with all the required provisions as above and any additional requirements as
necessary to carry out the work under the scope of the contract smoothly.
The Contractor's attention is specially drawn to the requirements by the traffic police
and road authorities and Specifications regarding Traffic Control, Access and the
Reinstatement of road surfaces etc. It is quite likely that movements of heavy vehicles
(trucks/dumpers/tankers etc) may be regulated or prohibited by the authorities during
certain period of the day. The Contractor shall plan his activities with due regards to
such restrictions/regulations.
The Contractor shall obtain separate permission for each Works stretch/package from
the respective Senior Inspector of Police (Traffic). If required by the authorities,
permission from the traffic headquarters may also be required.
                                         - 209 -
must be broken into suitable sections and sewers to be lined wherever necessary,
special traffic diversions shall be arranged.
Whenever carriage ways are affected, the Contractor must arrange to contain the
works within the narrowest possible area. The Contractor shall carry out the work in
such a manner as to cause minimum interference with the public use of roads,
footpaths and other fares through. All workmen working on roads are required to wear
approved retro-reflective vests at all times. The Contractor shall, include in his rates for
compliance with all the conditions stipulated above.
The work sites must be barricaded in accordance with standard methods as specified
in the General Conditions of Contract for civil works of MCGM.
The Contractor will be required to arrange the work sites and order of working in or
alongside carriageways to minimize the interference with the free flow of traffic and
shall take all measures and precautions required by the Traffic Police, Road
Authorities and the Engineer for the safety and convenience of traffic.
The work sites must be arranged in length to be consistent with good progress in
laying the sewers and sufficient distance between work sites must be maintained to
ensure the free flow of road traffic.
The Contractor must provide and maintain at each work site proper and efficient
automatic traffic lights operating day and night for the full duration of the Works. The
use of stop and go boards will not be accepted as an alternative to traffic lights at the
main work sites.
The works intended under this contract are essentially required to be executed by
absolute trenchless technique and any excavation needed by the contractors for the
purpose of accessing the sewer line shall be kept as minimum as possible. Excavation
                                           - 210 -
needed for the purpose of diversion of flow and diversion of body connection to the
nearest manhole shall also be kept to bare minimum.
Traffic flow must be maintained at all times along the roads affected by the work.
Sufficient lighting road signs, barricades and traffic diversion signs must be
established along the sites of the works in accordance with the Traffic Police
requirements and to the entire satisfaction of the Engineer.
The Contractor shall also comply with the conditions imposed by Traffic Police and
Roads Opening Conditions and Requirements stipulated by MCGM.
Upon completion of the work, the Contractor shall backfill and make good all
disturbances to the road, side table, road kerb and drains to the satisfaction of the
Road authorities and the Engineer.
The work shall be carried out at night time as far as possible to minimize the
disturbance. If required, the Pits/trenches shall be covered with decking plates with
appropriate support so that all traffic shall be allowed to run over the decking during
day time. If directed by the authorities or the Engineer, the Contractor shall construct
temporary diversions on the roads at his own cost to allow the traffic to flow through
during the construction.
Wherever necessary the Contractor shall carry out the reinstatement of road
foundation and road surface in accordance with the specifications and requirements of
the Roads authorities. This shall include machine-paving as and when directed by the
Engineer. If any authority demands any deposits or charges for reinstatement for road
opening permissions, the contractors shall pay the same to such authorities directly.
Such amount shall not be reimbursed by the Engineer under any circumstances.
                                         - 211 -
Where road markings are affected, the Contractor shall reinstate it with thermoplastic
(instead of paint) to the satisfaction of Roads authorities. The Contractor shall include
in his rates for compliance with all the conditions stipulated above.
Where it is necessary to open the road for access to sewer line, in busy roads, the top
of the openings shall be covered by decking, if required by traffic authorities, leaving
only the minimum required area open at the top to carry out work within the shaft.
Vehicles shall be permitted to travel over such covers provided and hence must be
designed and constructed accordingly. The Contractor shall submit to the Engineer,
details of the partial covering. He shall allow for compliance of this requirement in his
rates.
The contractor shall allow for carrying out this reinstatement work in one or more
stages, the maintenance of the reinstatement shall be to the satisfaction of the
Engineer. This shall include the provision of temporary surfacing, its maintenance and
subsequent breaking out and removal of temporary surfacing required for the
reinstatement of final carriageways.
The contractor shall also make provision for any additional width in short lengths or in
stages as considered required by the Engineer due to the Contractor's operations or to
subsidence or traffic. The contractor shall carry out the reinstatement of road
foundation and road surface in accordance with the specifications and requirements of
the Roads Authorities.
This shall include machine-paving as and when directed by the Engineer. Where road
markings are affected, the contractor shall reinstate it with thermoplastic to the
                                          - 212 -
satisfaction of Road Authorities.       The contractor shall include in his rates for
compliance with all the conditions stipulated above. In the event of the contractor
failing to carry out maintenance work, the Engineer may get this work done as set out
in the specification through any other contractor, in which case, the cost so incurred
shall be borne by the contractor and deducted from money due or to become due to
the contractor. The contractor shall also allow for matching paving in all reinstatement
of road surfaces. The contractor must follow the safety rules as required.            The
contractor shall allow for all the above in his rates.
The contractor shall be responsible for taking permissions of local municipal ward
offices before commencing and carrying out work in their respective territorial
jurisdiction, before setting up temporary office/chowky in the ward jurisdiction and also
before taking trenches/pits on the road surface and for the like activities. Necessary
letters seeking permissions will be issued by the department. However, obtaining
permission by regular follow up with the ward staff shall be contractors sole
responsibility. Obtaining necessary permissions from other departments of M.C.G.M.
or any other organisation/authority shall also be contractors responsibility.
Generally, the Contractor shall be allowed to work only during the night hours in
streets where the traffic is heavy. However, the works may be continued during busy
hours during the day provided the Contractor shall obtain necessary permission to
work in such hours from the traffic and other authorities and such permission shall be
submitted to the Engineer for him to authorize such work. Contractor is deemed to
have included in his rates the cost of construction of all starting and ending pits
required, if any. It must be clearly and definitely understood that the contractor shall be
held solely responsible for making all necessary arrangement and co-coordinating
with relevant authorities, competent agencies and obtaining their permissions in time
to carry out the activities smoothly during the permitted working hours.
                                           - 213 -
1.33       Night – Work
Contractor’s attention is drawn to the prevailing situations on the sites which may
require all the activities related to rehabilitation of sewers under the scope of the work
to be carried out during the night hours only. All equipment used shall comply with the
acceptable noise emission levels. The Contractor is required to obtain all necessary
permissions from traffic and local police or any other statutory authority at his cost. In
general it must be ensured that planned work for shift is completed within time and site
cleared for allowing traffic or regular activities for every shift of work (night).
It is deemed that the rates offered by the Contractor have included everything required
to comply with all the required provisions and any additional requirements as
necessary to carry out the sewer rehabilitation work during night hours.
If, in the opinion of the Engineer it is necessary, by reason of the safety of the works, or
the restoration of interrupted services or for any other reason whatsoever, the
Contractor shall, when so ordered carry out the works or any portion thereof
continuously by day and by night in a safe manner at no additional cost to the MCGM.
All permissions needed in such cases shall be the Contractor’s responsibility.
It shall be clearly and definitely understood by the Contractor that no claims in respect
of any of the above shall be allowed in the settlement of the Final Account.
Approval or acceptance by the Engineer of any proposal for executing the Works,
including drawings, specifications or resources employed under the Contract shall not
relieve the Contractor of his responsibility for any errors thereon and shall not be
regarded as an assumption of risk or liability by the Corporation. The Contractor shall
have no claim whatsoever under the Contract on account of the failure or partial failure
or inefficiency of any plan, method of work or equipment approved or accepted by the
Engineer. Such approval or acceptance shall be considered to mean only that the
Engineer had no objection to these proposals.
                                            - 214 -
Notwithstanding any approval or acceptance by the Engineer, the Contractor shall
remain fully responsible for completing the Works correct in every detail.
Schedule of submittals detailing the time when the documents are to be submitted is
given below for the reference.
The contractor shall execute the whole and every part of the work in most substantial
and workmen like manner, both as regards to materials and otherwise in every respect
in strict accordance with BMC specification latest edition / specifications, relevant
WRc, WIS, ASTM, BIS, ISI, CPHEEO and other relevant specifications etc as may be
specifically provided for.
                                                                         Unit of
Symbol                                Definition
                                                                       Measurement
   C       Ovality correction factor                                           -
   Cb      Crown bending moment coefficient                                    -
   D       Diameter at neutral axis of lining                                 m
  dav      Mean internal diameter of the existing pipe                        m
  dmin     Minimum internal diameter of the existing pipe                     m
   De      External diameter of barrel of existing pipe                       m
   Df      Deflection factor                                                   -
   Eb      Ring bending modulus of elasticity of lining material             MPa
           Long term ring bending modulus of elasticity of lining
  EbL                                                                        MPa
           material
   E’      Effective soil modulus                                            MPa
  FS       Factor of Safety                                                    -
           Depth of cover; vertical distance between the top of the
   H                                                                          m
           pipe and the existing surface level
   H       Overall height of lining                                          mm
    I      Moment of Inertia of lining wall for ring bending                 m 4/m
                                            - 215 -
                                                                   Unit of
Symbol                            Definition
                                                                 Measurement
  Kb     Ratio of horizontal to vertical earth pressure               -
  K      Buckling resistance enhancement factor                       -
  qall   Critical buckling pressure for lining                      KN/m2
  SD     Ring bending stiffness of lining (per metre length)       N/m/m
         Long term ring bending stiffness of lining (per metre
 SDL                                                               N/m/m
         length)
   T     Lining material thickness                                   Mm
  t1     Minimum grouted annulus thickness                           Mm
  t2     Wall thickness of existing sewer                            Mm
  W      Unit weight of soil                                        KN/m3
  Wg     External dead loading                                      KN/m
  Wq     External live loading                                      KN/m
  ∆y     Predicted long term vertical deflection of lining           m
 ∆y /D   Limiting long term vertical deflection of lining            %
       Long term strain                                             -
  Ν      Poisson's ratio                                              -
                                         - 216 -
2         Part 2 - Objective & Existing Site Details
2.1 Objective
This tender is invited for rehabilitation of 600 mm diameter to 900 mm diameter sewer
lines with a structural standalone lining system by a suitable proven trenchless
technology. Total length of sewer lines proposed to be rehabilitated under this project
is 10000 meters.
The main objective of the tender is to increase the structural strength as well as flow
carrying capacity, to improve the hydraulic performance, to increase abrasion &
corrosion resistance and in turn to enhance the useful life of the sewers proposed for
rehabilitation under this tender.
2.2.1 Location
There are 17 different locations of the sewer lines proposed for rehabilitation under
this project. The majority locations of the sewer lines proposed for rehabilitation are in
City and Western suburbs area of Mumbai. However, few stretches either from
Mumbai city or from Mumbai suburban area may be added to the scope of work.
Contractors are requested to refer to the Contract Drawings for tentative alignment
and start and end points of the sewers proposed for rehabilitation.
The exact lengths under the scope of the work shall be ascertained by the Contractor
after the de-silting and CCTV inspection of the sewers under the scope of the work.
                                          - 217 -
                                                           Sewer     Approx.      Approx        Type
Sr.
                    Location                       Ward      dia.     Length       Depth         of
No.
                                                          (in mm)   (in mtrs.)   (in mtrs.)     Road
 1                      2                           3       4           5            6           7
      Macchimar Nagar
1.    (From Gen. Jagganathrao Bhosale               A      600          350.00           6.30    A
      Marg to Cpt. Prakash Pethe Marg)
      Cpt. Prakash Pethe Marg
2.    (From Sadhu Waswani Road to                   A      600          500.00           4.30    A
      junction box near Adarsh Building)
      Dr. Babasaheb Ambedkar Road
3.    (From Jn. Jagannath Bhatankar Marg           F/S     600          500.00           4.50    A
      to Jn. Dadasaheb Phalake Road)
      Jayshankar Yagnik Marg
4.    (From J.K. Bhasin Marg to Road No.           F/N     600          500.00           4.10    A
      22)
      Pandurang Budhkar Marg
5.    (From N. M. Joshi Marg to Globe Mill         G/S     600          950.00           7.30    A
      Pumping Station) G/South
      Zakeria Bunder Road
6.    (From jn. T. J. Cross Road to Sewri          F/S     700          800.00           5.75    A
      Cross Road)
      Sewri Cross Road
7.    (From Jn. Zakeria Bunder Road to             F/S     750        1000.00            4.70    A
      R.A. KIdwai Road)
      D.G. Mahajani Road and Jerbai
8.    Wadia Road (From Golanji Hill Road           F/S     600          600.00           2.70    A
      to Zakeria Bunder Road)
      Dr. S.S. Rao Road
9.    (From Jn. Rajkamal Lane to Jn. Dr. B.        F/S     600          800.00           4.60    A
      A. Road)
      Sion Road No. 24 (Stretch A to B)
      (From Scheme No. 6 to Jn. Kokilaben
      Marg) and Scheme No. 6 (Stretch B
10.                                                F/N     600        1000.00            5.15    A
      to C)
      (From Jn. Road No. 24 to Jn. Road
      No. 29)
      Worli B.D.D. Chawl and Dr. G.M.
11.   Bhosale Marg (From B.D.D chawl no.           G/S     600        1000.00            4.10    A
      82 to Worli Naka)
      Sion Road No. 24
12.   (From Jn. Kokilaben Marg to Jn.              F/N     750          650.00           5.94    A
      Bhau Daji Road)
      Senapati Bapat Marg
13.   (From Jn. Raheja Road to Jn. Mori            G/N     750          350.00           4.50
      Road)
      Ganpatrao Kadam Marg
14.   (From Dawn Mill to Tulsi Pipe                G/S     900          300.00           8.07    A
      Pumping Station)
Total: 10000.00
                                         - 218 -
2.2.3        Material of Sewers
Most of the sewer lines under the scope are of material Vitrified Clay, however, few
stretches are of concrete.
It shall not be construed that the above information describes adequately and
accurately the actual conditions found in the sewers but provided herein only as a
guide to the Contractor. MCGM does not assume any responsibility for its accuracy or
adequacy and it is up to the Contractor to fully explore the site conditions to get himself
acquainted with the site conditions and nature of the work before submitting the bid
documents.
                                            - 219 -
3           Part 3 – Liner Requirement
All the liners shall be designed as structural Type II standalone flexible liners in
accordance with the design philosophy of WRC’s Sewer Rehabilitation Manual.
The lining system shall be comprised of materials that are chemically and biologically
resistant to internal exposure to sewage, sewage related gases and mild
concentrations of industrial effluent for the entire service life of the lining.
The lining material shall have satisfactory abrasion resistance to the migration of silt,
sand and debris along the sewer. It shall be sufficiently robust not to be damaged by
sewer cleaning equipment that may be required to remove silt or any future blockage
following installation of the lining.
i)     The liner must have sufficient strength to support all loadings during its life span.
ii)    The liner must seal the sewer to prevent the infiltration of ground water into the
       sewer and the ex filtration of sewage into the surrounding soil.
iii)   The liner shall be designed to withstand all construction loads including handling,
       lifting, and installation and grouting stresses without overstressing or cracking of
       the liner.
iv)    The liner shall have inert protective layers on the interior or exterior surfaces to
       meet technical requirements in the specification.
v)     The internal surface of the installed liner shall be smooth with Colebrook White
       roughness of not more than 1.5 mm throughout its life span.
vi)    The liner/pipes manufactured shall be homogenous throughout and free from
       visible cracks, holes, foreign inclusions and other defects. It shall be uniform in
       colour, density, thickness and other dimensional properties.
vii) The lining of the sewer shall be wrinkle free or free of distortions/irregularities and
       retain the grade and level of the existing sewer.
                                            - 220 -
viii) The internal surface of the liner at the joints shall be flush with a tolerance step of
      not more than 1mm between adjoining pipes. Also, the gap between the socket
      and spigot of the adjoining pipes, if any, shall be uniform and shall not be more
      than 6 mm in straight sewer line alignment.
ix)   The joints shall be leak free and watertight and able to resist opening due to
      external or internal forces.
x)    Grouting holes, if any, shall be provided in the liner at appropriate locations, as
      approved by the Engineer.
xi)   The resins, felt material, if used, in manufacture of liner, shall be of approved
      standard and quality.
xii) The Standard Dimension Ratio (SDR) shall be chosen in such a way that the
      resulting thickness of pipe shall meet the design calculation as a standalone type
      II pipe.
xiii) Material colour shall be white, black or whatever is specified on the outside for
      ultraviolet protection with interior of pipe having a light reflective colour to allow
      easier/better viewing for television inspection.
The bidder shall offer only one trenchless rehabilitation method / technology
for rehabilitation of all the stretches of sewer lines included in this project .
The Contractor shall submit with the bid (Technical Schedules) adequate data, test
reports from reputed laboratories, proven track record, technical publications,
comments and recommendations, if any, made on the use of the structural lining
system by sewerage authorities, professional bodies or WRc or any similar
association.
                                           - 221 -
The Contractor shall supply the Engineer with full technical details of chemical
composition of the pipes, recommended usage, life, mechanical properties and
chemical resistance of the proposed liners /pipes.
Deliverables:
Technology offered by the bidder shall meet the following deliverables, failing which
the offer shall be treated as non-responsive and the corresponding price packet will
not be opened.
                                         - 222 -
4           Part 4 – Execution of Work
The proposed sequence of execution of sewer line rehabilitation work as per the scope
of the work is as follows-
i) Preparatory works
The various operations / activities to be performed as per the above sequence are
detailed as below.
                                            - 223 -
the Engineer and obtaining permissions from various authorities like ward
offices, traffic police department, etc..
This begins with setting up of project office and site chowky by the contractor as per
the provisions of the contract. This is followed by mobilising necessary safety
equipments, personal protective gears, tools, tackles, road signs, traffic diversion
equipments, manpower, machinery, etc. The contractor shall take out necessary
insurance policies as provided under the contract.
The preliminary survey of work site shall then start. In general, most of the roads have
storm water and sewer manholes laid along the lengths. Difficulties are, therefore,
faced at site to locate the exact manholes of sewer lines while starting the work. Hence
prior to actual start of work, it is required to carry out detailed survey of the sewer lines
in order to understand how the sewer lines are laid and to know correct locations of the
manholes.
Under the preliminary survey, the contractor, with the help of tender drawings, shall
identify and locate sewer lines to be rehabilitated. After preliminary survey, sketches
and AutoCAD based drawings of the sewer line shall be prepared showing thereon
locations of manholes, adjacent sewer/storm water network, arrangement of
diversion of sewage flow, proposed locations of trenches and pits, etc.
The contractor shall apply for obtaining permissions from respective municipal ward
offices, traffic police department and such other authorities. M.C.G.M. shall provide
necessary help and issue request letters seeking necessary permissions from
various authorities for carrying out he work, however, following up with the various
departments and obtaining required permissions shall be solely the contractors
responsibility.
Project Office:
As per the relevant provisions of G.C.C. , the contractor shall at his own cost and to
the satisfaction of the Engineer provide, erect, construct, maintain and subsequently
remove all temporary offices, sanitary arrangements, stores, workshops, compounds
parking areas and the like necessary Works. The sitting and layout of these shall be to
the general approval of the Engineer.
                                           - 224 -
Safety at work
The Contractor shall ensure that all the necessary safety requirements for persons
working in sewers, manholes, chambers, and all other sewerage installations are fully
complied with all statutory safety requirements and provisions in the MCGM’s general
safety precautions, NHRC guidelines, Competent Courts, OSHA regulations and the
clauses in the specification. The requirements and precautions to be taken when
working in confined space and in live sewers are specified in detail in the specification.
This includes plugging and isolation of sewer line and all other intermediate
branch sewer connections using plugs of suitable sizes including fitting plugs
into the sewer line, inflating with air pressure, maintaining air pressure during
work period and removing the plug after completion of rehabilitation work, etc.
all with safety precautions and in environment friendly manner.
The Contractor shall isolate appropriate stretches of the sewer section and plug the
upstream and downstream manholes, house connections, branch connections,
laterals and any extraneous connection as necessary using appropriate plugging
arrangements like pneumatic plugs.
The plugs shall be securely held in position to prevent sliding and any consequential
mishap/accident. The plugs shall withstand the minimum hydrostatic back pressure
likely to be encountered and thus retain the force of waste water. The plugs shall be
inflated and deflated within the sewer line itself by suitable controls from the road level.
The Contractor may provide secured stanching arrangements with provision for
managed release of stanched sewage as necessary. The stanching arrangements
and/or plugs shall have arrangements for release of excess pressure in regulated
manner in case need arises. The safety officer shall check the plugs and stanching for
safety every time any personnel are required to work inside the sewers / manhole.
The stanching arrangements, plugs shall be completely removed after the work is
completed.
                                           - 225 -
The Contractor shall check the arrangements for safety at periodic intervals and
always before allowing entry of personnel in sewer/manhole for work, making
stanching arrangements and commissioning of the stretch upon successful testing of
the completed works.
The Contractor shall have to provide and maintain the plugging and flow diversion
arrangements for the entire duration of the works till the same is tested successfully
and certified by the Engineer.
This includes excavation of required size and length trenches on road for
diversion of sewage flow including removing, stacking excavated material at
site and transporting excavated material to the designated dumping spots
including handling and supporting utilities/drains/cables/water mains, etc,
payment of any royalty, tax, etc. to any authority and backfilling the trenches
after completion of rehabilitation work including making good of the damaged
manholes / sewer lines /other utilities where ever necessary and reinstatement
of road surface as per guidelines / standards / norms of roads department of
M.C.G.M. complete all with safety precautions.
If trenches are required to be taken for the purpose of laying pipes for diversion of
sewage flow to the nearby drain, the same shall be detailed out in the flow diversion
plan submitted for the approval of the Engineer of the contract.
The contractor shall submit the flow diversion proposal to the Engineer for approval.
The proposal shall include details of plugging/ blocking of sewers and diversion
arrangement either by pumping of upstream flows or by diverting the flows through
nearby sewer / storm water drains.
                                        - 226 -
The Contractor is deemed to have inspected the site and ascertained himself about
the availability of such bypassing opportunities in the vicinity of the sewer lines to be
rehabilitated before pricing the Contract. He shall include all the expenses for
controlling the flow during the rehabilitation works whether the sewer / storm water
drains are available or not.
Notwithstanding the possibility of bypassing the sewage flows through the nearby
sewer/storm water drains, the Contractor is deemed to have included in his prices for
alternative diversions/ bypass pumping, etc in the event such facility is neither
available nor practical to use on site.
The contractor shall pump out the sewage so that channel levels are maintained on
the upstream side of sewer line to be rehabilitated. The contractors shall also pump
out all the infiltrations/leakages from the sewer line system.
The Contractor shall note that it is entirely his responsibility to devise appropriate flow
diversion strategies and to allow for their costs in the Contract. The above information
on diversion possibilities is provided to assist the Contractor to devise appropriate flow
diversion strategies and the Corporation does not take responsibility for its availability
or applicability.
The Contractor shall ensure that the sewerage system is kept in normal operations by
providing bypass arrangements or over pumping arrangements using appropriate
equipments, pumps, etc. Care shall be taken to prevent any flooding / ponding due to
sewage overflows / pumping. The Contractor shall take all measures necessary to
prevent pollution of any water source, land as the entity is solely and wholly
responsible for compliance with the requirements under pollution control Act and any
other statuary provision.
The Contractor shall satisfy himself that the pumping equipment he proposes to use is
sufficient and adequate for all flows actually encountered in the sewers. The
Contractor shall retain on site sufficient standby pumping equipment to replace
                                          - 227 -
defective units in the event of a breakdown. The pumping equipment shall be attended
to at all times by a competent person approved by the Engineer.
Approval of the Contractors proposals by the Engineer shall not relieve the Contractor
of his responsibility to ensure that sufficient and adequate pumping arrangements are
provided at all time and for all flows.
The Contractor shall in addition to all the foregoing requirements of this Clause also
allow in his rates for the provision (including establishment and removal), operation,
maintenance and noise suppression of all over pumping plant (preferably below
65dB); for the provision (including establishment and removal), operation and
maintenance of all delivery hose installed and for the period during which by pass
pumping work is required; placing horizontal and/or ramped metal plating over
temporary diversion of the delivery hose either in trench or at the road surface and for
routing delivery hoses through other conduits; standing and plugging lateral
connections as well as other relevant requirements of the Engineer.
The permissible noise level shall be within the following limits.
Residential   –       50 db during day time:        40 db during night time
Factory       –       80 db
This includes, loosen, desilt and thoroughly clean invert lying debris and
remove larger debris and objects such as bricks, etc, bacteriological slimes,
roots, soft encrustations, grease, carbonated deposits, etc. from the sewer line
and manholes of any size, shape and up to any depth using any machine,
manpower, stacking the desilted material at site, sprinkling with approved
disinfectant on the stacked silt to avoid nuisance of pests including
mosquitoes, flies and bad odour and transporting the desilted material via
weight bridges to the identified dumping site including, loading, unloading,
levelling and rolling the same, etc. complete all with safety precautions and in
environment friendly manner.
Note:-
                                          - 228 -
The payment of silt shall be made on weight basis at actual but not exceeding
the quantity provided in the BOQ. The BOQ quantity of silt shall act as a sealing
quantity and no payment shall be made for extra quantity removed from the
drain. Notwithstanding, this payment condition, the contractor shall desilt the sewer
lines thoroughly as required for successful rehabilitation of the sewers under scope of
work.
4.5.1 Desilting
(a)   Cleaning immediately prior to sewer rehabilitation shall include all operations
      necessary to remove all silt, heavy/thick grease, bacteriological slime and loose
      material, encrustations, hard carbonated deposits, etc. from the sewer and
      manholes without causing any structural disturbance to the body of the sewer by
      any means and dispose it off in an environmentally acceptable manner at
      approved disposal grounds. The contractor shall submit the methodology of
      desilting by any means for the approval of the Engineer.
(b)   The Engineer, if not satisfied with the level of cleaning of sewer line, may ask the
      contractor to again desilt the sewer line or clean the sewer line for satisfactorily
      carrying out the lining work.
(c)   All mass roots, intruding laterals and concrete shall be neatly cut off as required
      using appropriate equipments. The Contractor shall ensure that the removal of all
      silt and other undesirable materials on the surface of the sewer shall be such that
      the surface is conducive enough to make effective bonding of the cement grout, if
      any.
(d)   The methodology for trapping all silt, grease and loose material from passing
      downstream shall      be submitted to the         Engineer    for   prior   approval.
      Notwithstanding the approval of the Engineer the Contractor shall ensure that the
      method or methods adopted shall be effective in the prevention of silt migration
      downstream.
(e)   All silt, grease and loose material removed from the sewers and manholes shall
      be temporarily stored at site for drying in environment friendly manner for 1-2
      days from its removal from drains and shall be stored temporarily in suitable size
                                          - 229 -
      containers for draining out water from the silt and drying of silt. Silt shall be kept
      covered and a suitable insecticide shall be sprayed on it to avoid nuisance of
      mosquitoes and pests.
(f)   Upon drying, the silt shall be immediately lifted from the site and transported to
      the designated dumping grounds in an environmentally acceptable manner.
(g)   All the risk and cost associated with safe disposal of the material taken out of the
      sewer shall be borne by the Contractor and nothing extra will be paid on this
      account in any circumstances.
It shall be responsibility of the contractor to remove, transport, weigh and dispose off
the dried silt either to the Municipal dumping ground, if allowed or to any other
dumping ground proposed by the contractor and approved by the Engineer. The
procedure to be followed for dumping the silt is as under. The dumping grounds may
be situated about 50 to 60 kms away from the work sites.
      Transportation of silt to the dumping ground shall be done as per the approved
      silt management plan. A challan will be issued by the site engineer of M.C.G.M.
      for each and every trip of dumper and the same shall be got acknowledged by the
      dumping ground authorities by the contractor. A copy of such acknowledged
      challan and weight measurement copy shall be submitted back for record to the
      site engineer.
      The contractor shall pay silt levelling /tipping charges which are levied by the
      dumping ground per trip of the silt dumper as per prevailing rates. At present, the
                                           - 230 -
      tipping charges are Rs. 525/- plus 15% supervision charges per trip of the
      dumper. The contractor shall consider these charges in his rates. No extra
      payment on this account shall be admissible to the contractor.
(b)     Procedure for dumping silt at dumping grounds other than Municipal
        Dumping Ground –
      Before commencing desilting operation, the contractor shall identify and propose
      an alternate dumping ground for accepting silt and submit a complete proposal
      including consent of the concerned owner/authority of the alternate dumping
      ground to accept silt, capacity of the dumping site, detail silt management plan,
      methodology for transportation, weighing and disposal of silt in the safe and
      environment friendly manner, mode of disposal and acknowledgement of the silt
      at the proposed dumping site during the contract period, etc. for the approval of
      the Engineer of the Contract.
      The contractor shall pay all the charges incidental to the removal, transportation,
      weighing and dumping of the silt to the alternate dumping ground including silt
      levelling /tipping charges which may be levied by the said dumping ground per
      trip of the silt dumper or at lump sum, as the case may be. A challan will be issued
      by the site engineer of M.C.G.M. for each and every trip of dumper and the same
      shall be got acknowledged by the dumping ground authorities by the contractor.
      A copy of such acknowledged challan and weight measurement copy shall be
      submitted back for record to the site engineer. The contractor shall allow for all
      these costs in his rates. No extra payment on this account shall be admissible to
      the contractor.
The stretches of sewers where desilting is to be carried out shall be well ventilated
providing safe working conditions inside. The contractor shall operate heavy duty air
blowers to ventilate sewers/confined space and to expel out heavy foul gases from the
sewers. The Contractor shall follow the details of confined space entry and safety
measures and precautions to be taken as given in the technical specifications.
                                          - 231 -
4.6       After de-silting CCTV survey
This includes, after desilting Colour CCTV Survey using CCTV equipment
having pan, tilt and zoom facility including inspection of laterals and defects
and provision of DVDs / Reports, etc. all with safety precautions and in
environment friendly manner.
4.6.1 General
The contractor shall carry out colour CCTV survey of each sewer line twice under this
project, firstly, immediately after carrying out thorough desilting of sewer line and
secondly after rehabilitation of sewer line.
Every time before starting of the CCTV survey the sewer line shall be thoroughly
cleaned and kept free from any dirt, silt, material, water, sewage and such other things
which may prevent clear view to CCTV camera head to enable existing cracks and
corrosion to be clearly recorded on CCTV and deliver quality output.
The CCTV survey shall be carried out in professional manner with a self propelled
camera having pan, tilt, zoom and auto measurement facility. All defects shall be
recorded properly showing the exact meterage at which the defect exists and the time
of recording, etc.
If CCTV survey works are delayed after cleaning, the sewer shall be re-cleaned,
unless instructed otherwise by the Engineer. All costs associated with re-cleaning
shall be borne by the Contractor.
The Colour CCTV inspection footages on a VCD/DVD and written reports in approved
formats together with colour photographs of the host (existing) sewer shall be
submitted to the Engineer for final approval.
CCTV video recordings shall be made from manhole to manhole. At every new
manhole, the meter reading shall be set to zero. Interior of the manhole shall also be
properly recorded during CCTV survey.
CCTV inspection will not be accepted when the height of water over the invert of sewer
at the upstream manhole is more than 10% of internal diameter. In such cases the
                                          - 232 -
Contractor will have to take suitable measures for maintaining the water level below
10% of internal diameter.
The bidders are required to submit details of CCTV equipment, software and their
intended methods of carrying out CCTV survey.
All CCTV operators shall have experience in carrying out CCTV survey and recording
and interpreting defects as per the defect abbreviation of WRc manual given
hereunder.
The Contractor shall include in his rates for complying with the foregoing requirements
of this clause for which there are measured items in the Bills of Quantities.
4.6.2 Intent
The basic intent of the CCTV inspection is to carry out video recording of the internal
condition of the sewer using remote controlled CCTV camera and to assess the
condition of sewer on the basis of defects encountered and then to grade the sewer in
accordance with the structural and service grades as defined under the Sewer
Rehabilitation Manual of WRc, UK and arrive at the exact nature of measures needed
for rehabilitation.
The abbreviations to be used in the Contract for classifying various types of defects
shall be in accordance with the approved abbreviations by the Engineer. The
abbreviations are based on Manual of Sewer Condition Classification by UK Water
Industry Engineering and Operation Committee. The defects abbreviations are given
in the Table below for reference.
                                             - 233 -
 DB        Displaced Bricks                             EH(J)   Encrustation Heavy(at Joint)
 FC(J)     Fracture Circumferential (Joint)             ESL     Scale Light
 FL(J)     Fracture Longitudinal(Joint)                 ESM     Scale Medium
 FM(J)     Fracture Multiple (at Joint)                 ESH     Scale Heavy
 H         Hole in sewer                                ID(J)   Infiltration Dripper (at Joint)
 JDS       Joint Displaced Slight                       IG(J)   Infiltration Gusher (at Joint)
 JDM       Joint Displaced Medium                       IR(J)   Infiltration Runner (at Joint)
 JDL       Joint Displaced Large                        IS(J)   Infiltration Seeper (at joint)
 MB        Missing Bricks                               OB(J)   Obstruction (at Joint)
 MM        Mortar Missing Medium                        RF(J)   Roots Fine(at Joint)
 MS        Mortar Missing Surface                       RM(J)   Roots Mass (at Joint)
 MT        Mortar Missing Total                         RT(J)   Roots Tap (at Joint)
 OJM       Open Joint Medium                            V       Vermin
 OJL       Open Joint Large
 SSS       Surface Damage, palling Slight
 SSM       Surface Damage Spalling Med.
 SSL       Surface Damage, Spalling Large
 SWS       Surface Damage, Wear Slight
 SWM       Surface Damage, Wear Medium
 SWL       Surface Damage, Wear Large
 X         Sewer Collapsed
The Contractor shall give notice to the Engineer of the date of commencement and
anticipated completion of work in each pipeline or manhole to be inspected at least
three days before work begins.
Wherever prevailing conditions allow, the CCTV camera shall be positioned to reduce
the risk of picture distortion, the CCTV camera lens shall be positioned centrally (i.e. in
prime position) within the sewer. In all instances, the camera lens shall be positioned
looking along the axis of the sewer when in the prime position. When photograph is
extracted from the CCTV footage to illustrate a lateral or a specific defect, it shall
                                              - 234 -
occupy the central part of the photograph and be clearly in focus and accurately reflect
the lateral or defect. If necessary a second photograph shall be extracted from the
CCTV at the location to put the lateral or defect depicted in the specific photographs
into perspective in the overall context of the sewer.
The speed of the CCTV camera in the sewer shall be limited to 9 to 12 m per minute or
such other speed as agreed by the Engineer to enable all details to be extracted from
the CCTV recording.
The Contractor shall provide colour pan and tilt camera(s) with zoom lens to facilitate
the survey and inspection of all laterals after desilting as well as other features,
including defects such as hydrogen sulphide corrosion, missing or dislodged bricks,
etc. in the overt of sewers and benching or walls of manholes. These will be carried
out as part of the normal CCTV assessment as the survey or inspection proceeds
when approved by the Engineer. A 360o rotational scan indicating general condition
must be implemented at every 10 metre interval (min.) along sewers and at any salient
defect features. The tilt arc shall not be less than 2250 unless otherwise agreed.
The variable scan camera and colour monitor shall include screen graphics clearly
indicating the directional location of the field of view of the sewer at any selected
position relative to the cameras rotational and tilting arc. Zoom images shall similarly
include reference to 'zoom' lens usage.
The CCTV monitor display shall incorporate an automatically updated record in metres
and tenths of a metre of the chainage of the camera or centre point of the Transducer,
whichever unit is being metered, from the cable calibration point. The relative positions
of the two centre points should also be noted.
The Contractor shall use a suitable metering device which enables the cable length or
camera’s position to be accurately measured; this shall be accurate to 1% or 0.3 m
whichever is the lesser.
                                          - 235 -
The Contractor shall demonstrate that the tolerance in the above Sub-clause is being
complied with using one or both of the following methods in conjunction with a linear
measurement audit form which shall be completed each day during the Survey:
If the Contractor fails to meet the required standard of accuracy the Engineer shall
instruct the Contractor to provide a new device to measure the chainage. The
Engineer may at his discretion instruct the Contractor in writing, to re-survey those
lengths of sewer first inspected with the original measuring device using the new
measuring device.
The Contractor shall be responsible for measuring accurately the ground level, invert
level, length and dimensions of the existing sewer. Measurements shall include the
measurement of changes in horizontal and vertical alignment at changes in direction
and bends where they occur between bends.
At the start of each length a data generator shall electronically generate and clearly
display on the viewing monitor and recording a record of data in alpha-numeric form
containing the following minimum information:
       Automatic update of the camera’s chainage position in the sewer line from
        adjusted zero.
       Sewer dimensions
       Manhole/ pipe length reference numbers
       Date of survey
       Road name/location
       Direction of Survey
       Time of start of Survey
The size and position of the data display shall be such as not to interfere with the main
subject of the picture.
                                             - 236 -
Once the survey of the pipeline is under way, the following information shall be
continually displayed:
    Automatic update of the camera’s chainage position in the sewer line from
     adjusted zero.
    Manhole/ pipe length reference numbers
    Date of survey
    Time of start of Survey
Inspection results of the Initial Colour CCTV Survey for each sewer length between
manholes shall be reported in accordance with the sample format to be submitted by
the Contractor and approved by the Engineer.
Following the completion of a sewer line survey and not later than three days following
the survey, a copy of the video CD/DVD (Either in MPEG 4 format or Apple Quick time
format) and original photographs must be submitted to the Engineer for
inspection/checking.
Any errors in recording, CCTV imagery and/or unclear photographs shall be rejected
and the Contractor would be required to correct the errors at his own cost.
Two copies of the CCTV Inspection Report must be submitted. All photographs,
negative, video cassette tapes, CD/DVD, etc. taken under the Contract shall remain
the property of the Sewerage Operations department of the Municipal Corporation of
Greater Mumbai.
For CCTV survey of each sewer length i.e. the length of sewer between two
consecutive manholes, the contractor shall prepare and submit a separate coding
sheet containing photographs of defects observed. Photographs shall be taken of all
laterals and pipeline defects, as defined in the WRc / WAA "Manual of Sewer
Condition Classification" 2004 Edition or latest. Where a defect is continuous or
repeated the photographs shall be taken at the beginning of the defect and at not less
than 5m intervals thereafter. CCTV Photographs must clearly and accurately show
                                        - 237 -
what is displayed on the monitor which shall be in-proper adjustment. Photographs
shall be clearly identified in relation to the street location, sewer dimensions and
shape, material of the sewer (eg. brick, concrete), manhole start and finish numbers,
survey direction, chainage and date when the photograph was taken.
The contractor shall take invert levels of all manholes after desilting and assess if any
reverse gradient exists with respect to the ILs of consecutive manholes and shall
clearly mark the said stretch(s) on topographical survey /GIS drawings and submittals
in a method as approved by the Engineer.
The contractor may use the Typical CCTV Survey Report Format accompanied as
'Annexure–I' for submitting CCTV inspection report in hard copies. This shall be
accompanied by DVDs in PAL format for the inspection footage covered.
For structural linings, dimension checking shall include the measurement of changes
in horizontal and vertical alignment at changes in direction and bends where they
occur between bends.
Prior to the manufacture of any structural lining segments, details shall be provided to
the Engineer showing the results of the internal measurements and the chosen
resultant selection of dimensions of the lining. Additional information shall be provided
to demonstrate the fit of the structural lining segments at bends.
                                         - 238 -
4.8          Taking pits for accessing sewer lines.
This includes, excavation of required size pits to access sewer line including
shoring, leveling, dewatering, barricading and removing, stacking excavated
material at site and transporting excavated material to the designated dumping
spots including handling and supporting utilities/drains/cables/water mains,
etc, payment of any royalty, tax, etc. to any authority and backfilling the
pits/shafts/trenches after completion of rehabilitation work including making
good of the damaged manholes/sewer lines/other utilities and reinstatement of
road surface as per guidelines/standards /norms of roads department of
M.C.G.M. complete all with safety precautions.
This item is provided in the Bills of Quantities for excavation of pits/shafts for
accessing sewer line at the points of suspected collapse, settlement of joints and
such other situations requiring access to sewer line. Considering the same, bidders
shall quote separate rate on number basis for taking access pits on roads.
(a) General
        A detailed design proposal and method statement for each rehabilitation section
        shall be submitted with the Bidding document.
        All linings shall be designed as structural Type II Standalone liners and the linings
        shall be designed to withstand all external loadings including groundwater, soil
        loading and traffic loading. The basis of design shall be according to WRc/WAA
        Sewer Rehabilitation Manual, latest edition or equivalent ASTM or British
        standards or as per guidelines provided in CPHEEO manual.
                                             - 239 -
      with his bid, the Contractor shall submit final design calculations for each stretch
      of sewer road wise and size wise together with his installation method statement
      to the Engineer for approval 14 days prior to the commencement of lining work on
      site which shall take all findings like CCTV inspection, measurements, ground
      conditions etc in account. Approval of the calculations will not relieve the
      Contractor of any of his obligations under the Contract.
      Unless noted otherwise, all calculations shall assume a minimum factor of safety
      of 2 and a minimum factor of safety of 2.5 shall be assumed for buckling. The
      Contractor shall, in addition, include design check calculations based on
      structural design procedure included in the specifications.
      The Contractor shall be solely and wholly responsible for the suitability and
      correctness of design calculations necessary to substantiate that the structural
      lining system will be suitable in the long term for loads and conditions
      experienced by the lining.
      The design of liner shall be carried out and approved by professional recognized
      organization / institution like WRc, I.I.T. having particular experience in liner
      design and structural assessment of sewers of similar nature and complexity to
      the project.
      The service life of the installed lining system shall be not less than fifty (30) years
      under live sewer conditions. The Contractor must produce documentary
                                            - 240 -
      evidence to substantiate that the system he offered shall have minimum thirty
      (30) years of service life.
      Where material properties under load vary with time, material properties of the
      lining at the end of the service life specified shall be used in design calculations.
      The exception to this is design of the lining for loads applied only during
      installation, which may be based on short term material properties.
      The material properties used in the design shall be consistent with the
      composition of the lining material. Values for material properties may be
      nominated by the Contractor but must be capable of being substantiated by test
      data based on representative samples of the installed lining material. The
      Contractor shall make provision in the Contract for such tests to be conducted
      during installation.
      The Contractor shall state the short term and long term engineering properties
      including the stiffness values adopted for the materials in the design and submit
      to support the values of short term and long term engineering properties including
      stiffness assumed.
      The Contractor shall make provision in his prices to conduct tests on site as well
      as in laboratories duly authorized for this purpose by the MCGM to prove that the
      materials and as installed liner actually used on site have achieved the short term
      and long term values assumed in the design.
                                           - 241 -
      Such test shall be carried out for each sewer size as per IS or any other relevant
      international standard.
      The Contractor shall clearly understand the difficulties of some of the liners
      achieving a good fit to the invert of smaller size sewers due to difficulties in
      bending the liners, especially the thicker liners. The Contractor shall study the
      situation and confirm the capability of the proposed liners to achieve the required
      bending radius without cracking or splitting for ease of installation.
(i) Deflections
      The contractor shall ensure that ultimate deflections are within the acceptable
      limits as mentioned in the specification and show in his design that deflection
      issues have been adequately taken into consideration in determination of the
      liner thicknesses.
      Design loads shall comprise the maximum load produced from the combination
      of earth pressures, hydrostatic loads and traffic surcharge loads for each
      particular lining.
                                           - 242 -
height of soil above the pipe without reductions for trench effects.
TYPE B Light Road Single lane of Standard T44 or Standard W7 wheel loads.
Design depths from surface level to invert level, and the type of traffic load used
for design of the lining, are given in this specification.
Traffic live and soils loads given in WRc SRM (2001) 4th Edition or AASTHO
HS20 loadings are acceptable.
Notwithstanding the designs submitted along with the bid, the successful bidder
(the Contractor) shall validate the designs as per the actual parametric values
related to soil properties based on investigations.
                                      - 243 -
(k)   Installation Design Checks
      Linings shall be checked to ensure that they are stable and will not be
      overstressed for any intermediate states during the installation of the particular
      system. These checks may be based on short term properties of the lining
      material.
      For the purpose of this specification and for design purposes, the condition of the
      existing sewer body shall be considered as Fully Deteriorated.
      Fully Deteriorated: The sewer body has lost a sufficient degree of its original
      structural capacity that it cannot be relied upon to support applied loads for the
      next 50 years. The structural lining is expected to act as a structural replacement
      for the original sewer to bear the full load from the ground, traffic and ground
      water.
Hydraulic:
      The design shall be based on the buckling strength of the lining with account
      taken of the enhancement provided against a buckling mode of failure by the
      existing pipe.
Structural Standalone:
      The lining shall ignore any contribution from the original conduit and be designed
      to support all imposed loads in its own right.
      The lining shall be designed to satisfy the critical performance criteria of vertical
      deflection, strength, and buckling under maximum combined loads
                                           - 244 -
      Check for Flexural Strain-
      The long term flexural strain developed in the wall of the lining for any load or load
      combination shall not exceed the permissible value appropriate for the lining
      material.
      The lining shall be designed so that its buckling resistance is sufficient to support
      the imposed loads .
      Calculations shall also be provided to demonstrate that the existing structure will
      not be overstressed by any combination of applied loading or reactions from the
      installation or performance of the lining.
      The minimum structural liner thickness to satisfy combined hydrostatic, soil and
      traffic loading shall be arrived at through the process of design calculations and
      design checks to be carried out and approved by professions organizations /
      institutions as mentioned in the specifications. The bidder shall supply design
      calculations for each stretch of sewer line along with the bid. A detailed design
      check will be conducted by the Engineer during the execution of work. The
      Contractor shall note that the acceptance of his bid and award of the Contract by
      the Employer will not in any way be considered as acceptance of the thicknesses
      proposed in the bid. The Contractor shall clearly understand that if the structural
      design thicknesses found to be inadequate during the detailed checking of
      design, he shall be held solely and fully responsible to rectify and adjust the
      thickness without any variation to the Contract price and to the compliance
      requirements of the contract conditions. In case, the contractor fails to comply
      with this requirement, the Engineer reserves the right to reject the proposal
      altogether at the risk and cost of the contractor and without incurring any liability
      on the part of the Employer.
                                           - 245 -
(o)   Surface Roughness Value
      The improved surface roughness associated with the polymeric and plastic
      materials of the liners has a considerable impact on the hydraulic capacity of the
      renovated sewer when it is new. However with ageing of the renovated sewer,
      the roughness values tend to be higher due to slime formation and accumulation
      of silt at the invert. From the point of view of slime formation and localized
      accumulation of silt in the renovated sewer, the roughness value to be adopted
      for the purpose of this specification is limited to Manning Coefficient = 0.009 or
      Colebrook White Roughness (Ks) = 1.5 mm for computing the hydraulic flow
      capacity of sewers lined with all types of polymeric and plastic materials.
      The structural liners must retain the largest possible internal diameters/
      dimensions. The reduction in the physical cross sectional area of the existing
      sewer lines after the rehabilitation shall be allowed up to a maximum of fifteen
      percent (15%) of the actual cross-sectional area of the sewer. The above
      requirement is mandatory and any offer exceeding the maximum permitted
      reduction in cross sectional area will be summarily rejected.
      The reduction in cross sectional area of existing sewer lines after rehabilitation
      shall be exclusively in terms of physical dimensions. The Contractor shall support
      the quoted percentage reduction in cross sectional area by submitting detailed
      calculations with the bid (Technical Schedule). The improvement in hydraulic
      capacity shall not be taken into account for calculating cross sectional area
      reduction.
      If the percentage of cross sectional area reduction exceeds offered value during
      execution, the work will be rejected outright.
      Any such rejected work shall be rectified by the contractor at his own cost and
      shall bring the reduction in the cross sectional area within offered value.
      At tender stage, nominal diameter of the sewer shall be used for calculating
      percentage area reduction. At the execution stage, actual internal diameter of
                                          - 246 -
        the sewer line measured using laser equipment and by passing custom made
        template to account for undulations due to displaced joints, ovality, etc. shall be
        used as best fit internal diameter for calculation of percentage area reduction
        The structural capacity of the existing sewer is unknown. Any method involving
        internal loading on to the sewer body during the construction operation will be
        viewed cautiously.
(a)     The manufacture of the lining shall be carried out in accordance with a
        specification purpose written for the particular system. The specification shall
        include reference to appropriate standards for the manufacture.
(b)     The propose written specification shall include testing and inspection work to be
        carried to verify the dimensions and quality of the manufactured lining at the
                                            - 247 -
        manufacturing unit. Manufacturer's test report shall be submitted for verification
        and approval to the Engineer before delivery of the supply.
(c)     The bidder shall either have their own manufacturing unit or have assurance from
        the other manufacturing unit consenting that they shall supply the necessary
        quantity of required pipes to the bidder as and when required under the contract.
        The authority letter from such other manufacturing unit shall be procured by the
        bidder and appended along with the bid.
4.9.3 Testing
(a)     The manufacturer shall conduct all relevant tests on the product at its works as
        per the relevant standards. Test reports endorsed by the test laboratory shall be
        provided to the M.C.G.M. Engineer.
(b)     All field tests shall be got done by the contractors. All other type and routine test
        shall be carried out by the bidder at their manufacturing unit or in a testing
        laboratory or institution approved by the Engineer.
(d)     A project specific Quality Control System, shall be also developed during the
        execution of works for site verification, manufacturing and installation of the liner.
(a)     The Contractor shall transport, handle and store the liners / pipes and fittings as
        recommended by the manufacturer and as per relevant IS codal requirement and
        a specification purpose written for the particular pipe system
(b)     It shall be noted by the Contractor that transport of the materials of construction
        overland will be subject to co-ordination/ regulation of transport during peak hour
        traffic in the city/suburbs. The Contractor’s rates shall include for all costs arising
        from the imposition of traffic hour’s restriction by the Traffic Police.
        The Contractor shall decide when to transport the material to the site and when to
        commence installation with regard to weather conditions and traffic situation. If
        the pipe/liner material is required to be transported under controlled temperature
                                              - 248 -
        and conditions then the contractor shall do it without any extra cost and
        accordingly plan their activities during night hours, if required.
(c)     The Pipe laying machines, Grouting machines & ancillary Equipments, Pipes and
        other materials shall be transported to site as per the programme. The Contractor
        shall decide when to transport the machines, equipments and other materials to
        the site and when to commence the installation with regard to weather conditions
        and traffic situation. The Contractor shall transport the machines, pipes etc to the
        site only after the completion of the CCTV survey done after the sewer desilting
        works and the approval of the design by Engineer. The Contractor shall take all
        the measures to ensure the proper placing of the machines and other
        equipments on site so as not to cause any hindrance to the public.
The Contractor shall place the order for liner as per designs duly approved by the
Engineer. The manufacturing facility shall have the adequate capacity to manufacture
and test the liners as per testing specifications. The delivery and installation of the
lining shall be carried out in accordance with a specification purpose written for the
particular lining system.
The Liner shall be transported to the store and to site as per manufacturer’s
recommendations under controlled conditions. The Contractor shall decide when to
transport the liner to the store and to the site and when to commence insertion with
regard to weather conditions and traffic situation.
The liner/pipes, fittings etc. shall be transported to the store and to site as per
manufacturer’s recommendations under controlled conditions. Pipes or fittings shall
not be dropped from height. Care shall be taken during the transportation of the pipes
such that it will not be cut, kinked or otherwise damaged. Pipes shall be stored on level
ground, preferably turf or sand, free of sharp objects, which could damage the pipe.
Stacking of the pipes shall be limited to a height that will not cause excessive
deformation of the bottom layers of pipes under anticipated temperature conditions.
Where necessary due to ground conditions, the pipe shall be stored on wooden
sleepers, spaced suitably and of such width as not to allow deformation of the pipe at
the point of contact with the sleeper or between supports.
                                             - 249 -
Each Liner/Pipe shall be suitably marked on its surface at intervals not to exceed 2m to
show manufacturer's name, production code, date of manufacture, minimum
thickness and size or as per manufacturer’s guidelines and as approved by the
Engineer. The Contractor shall submit a Certificate of Compliance for each lot
manufactured. Certificate of compliance must include a minimum of following details:
                                            - 250 -
IS 7328: 1992            High density polyethylene materials for moulding and
                         extrusion
ASTM D 696               Standard practice for determining Coefficient of Linear
                         Thermal Expansion of plastics between -30o C and 30o
                         C with a vitreous silica Dilatometer.
ASTM D1238 - 10          Standard Test Method for Melt Flow Rates of
                         Thermoplastics by Extrusion Plastometer
ASTM D1505 - 10          Standard Test Method for Density of Plastics by the
                         Density-Gradient Technique
ASTM D1693 - 08          Standard Test Method for Environmental
                         Stress-Cracking of Ethylene Plastics
ASTM D618 - 08           Standard Practice for Conditioning Plastics for Testing
ASTM D2837 - 08          Standard Test Method for Obtaining Hydrostatic Design
                         Basis for Thermoplastic        Pipe     Materials or
                         Pressure      Design Basis     for Thermoplastic Pipe
                         Products
ASTM D575 - 91(2007) Standard Test Methods for Rubber Properties in
                     Compression
BS 2782                  Methods of Testing Plastics Method 335A
                         Determination of flexural properties of rigid plastics -
                         Method 1003 Determination of tensile properties.
WIS 4-32-09              Specification for black polyethylene pressure pipes for
                         potable water above ground or sewerage (Nominal
                         sizes 90 to 1000)
WIS 4-32-14              Specification for PE80 and PE100electrofusion fittings
                         for nominal sizes up to and including 630
WIS 4-32-05              Specification for Polyethylene (PE) pipes for sewer
                         linings (Non Pressure Applications)
WRc, SRM                 Water Research Centre, Sewerage Rehabilitation
                         Manual.
EN1120                   Plastic Pipe systems – Determination of resistance to
                         chemical attack from the inside of a deflected section
EN13566-1                Plastic Pipe systems for renovation of underground non
                         pressure drainage and sewerage networks. - Part 1
                         General.
IRC-AA CLASS             Indian Road Congress, Design Load Standard
Or any equivalent standard approved by the Engineer. Equivalent ISO standard,
wherever applicable shall supersede any of the above referred standards. The above
list of standards is not exhaustive, the bidder shall refer to appropriate standards
applicable to the lining system proposed by them.
                                       - 251 -
4.10      Installation of structural liner
Install structural lining system and making good of end portions of rehabilitated
sewer & lateral connections, etc. and Design, supply and fill the annular space
between the sewer walls and the liners with portland cement based grout or
similar approved material to provide structural action consistent with the
assumptions made for the structural design and making good of rehabilitated
sewer, sealing of the migration gap between the liner and the parent sewer at
manholes all with safety precautions and in environment friendly manner.
It is expected that the lining work has to be performed from the existing manhole
openings, without needing much excavation to be made on the road surface. In case
any excavation is required to be made, the bidder, in his proposal and method
statement, must clearly mention the requirement of pits/trenches, breaking of any
portion of existing manholes/chambers, etc. either for accessing sewer line or for
diversion of flow or for diversion of body connection to the nearest manhole.
Details of proposed alterations shall be submitted to the Engineer for approval before
such alterations are made. No alterations shall be carried out until the proposals have
been approved by the Engineer. All manhole alterations shall be made good following
the completion of the lining. The cost of all manhole alterations and reinstatement
necessary to facilitate all lining work is deemed to be included in the Contractor's rates
of item for manhole repairs and no extra claim shall be entertained by the Corporation.
For excavation of pits and their reinstatement, separate items are provided in the Bills
of Quantities.
Before starting the installation, the Contractor shall submit all the relevant details
related to particular lining system.
                                          - 252 -
Abrupt irregularities including excessively rough surfaces, stepped joints, holes, etc
shall be rectified/ removed prior to lining by filling with a cement render or epoxy
mortar. Where the maximum aggregate projection from a cleaned concrete surface
exceeds 5 mm, the surface shall be rendered to remove the projections.
The lining shall be sealed at its ends to prevent infiltration/ex-filtration using an epoxy
mortar that is compatible with the lining and has a service life under similar conditions
that is comparable with the lining material.
If the defective pipe/liner is discovered after it has been installed, it shall be removed
and replaced with a sound liner/pipe in a satisfactory manner at no additional cost to
the M.C.G.M.
(a)   Details shall be provided for the cutting and making good of the laterals and
      branches. Also to provide details of sealing grout holes and gap between pipe
      joints for Engineer’s approval.
(b)   The design, manufacturing and delivery of the liner shall comply with ISO 9000
      series (latest editions).
(c)   All design calculations required as per the specification shall be supplied with the
      bid (Technical Schedules).
The Contractor shall provide the detailed methodology to tackle with unfavourable
conditions that might be encountered during the installation of liners/pipes by
Trenchless Technology. The contingency plan provided by the Contractor shall
include details for tackling a minimum of following situations:
                                           - 253 -
(h)    Effect on the other underground structures.
Test data shall be provided prior to manufacture of any linings to confirm minimum
material properties as per specification requirements.
The Contractor shall furnish, in original, a full set of specifications and standards,
referred to the methods, tests and other testing standard and procedure proposed to
be adopted in the tests, for the use of the Engineers.
The contractor as per the testing standards shall carry out a successful demonstration
trial and procedure shall be agreed with the Engineer before commencing the trial.
The Contractor shall allow for any further requirement of the Engineer to modify his
method or material subsequent to the trial, to complete the work satisfactorily. The
Contractor shall include in his rates for complying with all the foregoing requirements
of this Clause.
The installed lining shall be continuous over its length and shall be free of any defect
which is likely to affect the satisfactory hydraulic performance of the lined conduit or
cause accumulation of solids.
All the connections into the existing conduit and manhole shall be detected, identified
and reinstated. The body connections to the sewer line, if any, shall be picked up and
                                         - 254 -
diverted to the nearest manhole by laying new vitrified clay or HDPE pipe of suitable
diameter from its source to the nearest manhole.          The contractor shall include
everything required for plugging, isolation and temporary diversion of the existing body
connection, providing, supplying, storing, jointing and laying of suitable diameter
Vitrified Clay/HDPE pipe from property to the nearest manhole, making good all
connections, establishing smooth flow of sewage from property to the manhole and
the cost of proper sealing of the earlier discarded body connection, etc. all with safety
precautions and as per specifications and as directed.
The edges of connections shall be made smooth. The cutting equipment shall leave a
smooth, bevelled edge free of any protrusions so as not to inhibit the flow of sewage in
the conduit. The cut out shall be finished with the inside surface of the
conduit/manhole.
A separate B.O.Q. item is provided for repairing all existing manholes on the sewer
lines proposed to be rehabilitated under this contract. Before commencing the repairs,
the contractor shall study the existing conditions of manholes and temporarily divert all
connections coming into the manhole and stop infiltrations into the manhole.
All the grease, slime, vegetation, foreign body and all cement plaster in the walls of the
manhole shall be removed and the walls shall be thoroughly cleaned before
commencing any repair work. The silt, debris shall be carefully collected at the
manhole and removed from the site of the work and disposed off in an environmentally
                                          - 255 -
acceptable manner at the disposal site (dumping ground) as per the procedure
mentioned in the specification.
The missing bricks in the walls shall be replaced with new bricks in the cement mortar
1:4, for bedding and benching repair work 1:4:8 cement concrete shall be used as
specified and/ or as directed by the Engineer. The channel of the bed shall be flushed
with invert of newly rehabilitated sewer line to facilitate smooth flow. The brick wall of
the manhole shall be plastered from inside with 20 mm thick cement (sulphate
resistant) plaster in cement mortar 1:1. All incoming pipes/laterals in the manholes
shall be properly finished.
All the Cast Iron (CI) steps weighing 5:44 kg each shall be supplied and replaced. The
manhole frame and cover shall be removed, cleaned and painted with black
epoxy/bitumen paint and installed properly so that it is seated evenly within the
manhole frame and flushed with the road or ground level. The broken /damaged
manhole covers & frames shall be replaced with new ones by the contractor. It is
anticipated that approximately 10% of total manhole covers and frames under the
scope of work will be required to be replaced with new ones. The contractor is required
to allow for the same in his rates for repairs of manholes. The replaced broken old
manhole covers and frames shall be returned to M.C.G.M. by the contractor. The type,
design of manhole and manhole frame & cover shall be standard heavy duty type
manholes, including heavy duty frame and covers as per M.C.G.M. standards. It is
anticipated that approximately 10% of total manholes are buried under the road
surface. If the manhole is buried, the same shall be raised up to the ground level.
While raising the manhole, the conical shape of the manhole shall be maintained. If the
shape is found to be distorted (i.e. cylindrical at the top) the same shall be rectified to
the normal conical form.
If it becomes necessary to break open the upper portion of the manhole for lowering
installation machine into the sewer line during installation process, the entire cost for
such breaking of upper portion of manhole and reinstatement of the same shall be
allowed by the contractor in the rates quoted for this item of repairs of manholes. After
repairing the manhole, the contractor shall collect data of repaired manholes and
sewer line using the ‘Manhole Record Sheet’ provided under Annexure-J and update
the same in the sewer database of SUMC at Dadar without any extra cost.
                                          - 256 -
The cost for all the activities mentioned above shall be included in this item of repairs
to manholes provided in the Bills of Quantities.
                                          - 257 -
The Contractor shall use suitable equipment for removing such material and disposed
off the removed materials etc at approved disposal grounds.
The sewer shall then be finally inspected by CCTV to confirm that the sewer
rehabilitation work is complete and the sewer is ready for commissioning.
The final Colour CCTV inspection reports together with colour photographs of the
rehabilitated sewer shall be submitted to the Engineer for final approval.
                                         - 258 -
5            Part 5 – Testing & Re-commissioning
5.1 Testing
5.1.1 General
(1) Testing shall be undertaken on the lining material and its constituents.
(2)     The testing program shall include pre installation testing of pre formed materials,
        testing of constituents before and after their combination.
(3)     All tests shall be in accordance with the relevant standard for the specific material
        or in accordance with recognized tests developed and proven for the lining
        system.
(5)     For reference purpose only, reputed testing institutions for calibration and testing
        of the materials on field are Indian Institute of Technology Mumbai, University
        Institute of Chemical Technology (UICT; Formerly UDCT), Mumbai or any
        institution or testing laboratory. The contractor shall submit Test Reports from the
        Testing Institution to the Executive Engineer.
(6)     The Contractor will prepare all samples for delivery to the testing institution as
        directed by The Engineer. This cost and administrative costs for co-ordinating all
        testing is deemed to be covered in the Contractor’s rates for this item.
(1)     For linings the pre installation testing program shall include the testing of three
        prepared samples for the same series of tests to those required for the installed
        lining. The frequency of testing shall be as specified in this document.
(2)     As a minimum these tests shall include determination of the short term tensile
        strength, flexural strength and the short term flexural modulus. These tests and
        other type tests normally carried out on the lining material shall be performed in
        accordance with the relevant standard for the lining material.
                                             - 259 -
5.1.3     Tests for Linings
Samples for testing may be prepared using the procedure given in relevant
ASTM/BS/WIS/IS standard.
Type testing shall be carried out prior to the commencement of the works.
The following tests shall be carried out by the Contractor at a testing laboratory or
tertiary institutions as approved by the Engineer to demonstrate that the liner installed
indeed achieved the design values that are used in the design calculations.
If, during the course of the contract, there is a change in manufacturer and/or change
in source of materials used, another type test will be required unless otherwise
directed by the Engineer in writing.
Quality control tests and Field tests will also be conducted to ensure that the installed
product achieves the required standards.
Tests to be conducted at manufacturer’s works and at field are described below. All
test samples shall be made and delivered by the Contractor to the testing institutions in
the presence of Engineer’s representative. The contractor shall be deemed to have
included in his bid price for the cost of any transportation, preparation of samples,
unused test samples, waste materials, unusable liner sections of the test piece and
disposal of waste materials, & etc
a. Physical inspection
b. Tensile strength/ Tensile modulus of elasticity
c. Flexural strength/ Flexural modulus of elasticity
d. Impact resistance
e. Abrasion resistance
f. Chemical Resistance
g. Hydraulic Roughness
                                         - 260 -
Tests to be conducted at field by the contractor -
a. Physical inspection
b. Tensile strength/ Tensile modulus of elasticity
c. Flexural strength/ Flexural modulus of elasticity
d. Ring stiffness test
Corresponding test reports and results duly endorsed by the testing institutions shall
be provided to the Engineer. Details of standard test procedures to be followed shall
be as per relevant codes & standard practices and the documents referred to therein.
Tensile testing shall be carried out in accordance with BS 2782: Part 3: Method 320E
or ASTM D638 or relevant IS code: latest edition. Samples shall be without end
pieces. The rate of grip separation shall be 1 mm/minute. The tensile modulus of
elasticity shall be measured over the linear portion of the load extension curve. If the
load extension curve contains no straight portion the modulus shall be taken as the
slope of the tangent to the curve over the first 0.2% strain ignoring the initial strain
required to straighten the sample.
In addition to this, a full scale ring stiffness test shall be carried out on a 300 mm wide
section of the Liner/Pipe as per relevant IS code: latest edition or ASTM standard (in
accordance with procedure in AS 3572). A 300 mm wide section shall be cut from the
pipe for testing (cut from at intermediate manhole after insertion).
5.1.6 Hardness
Tests shall also be carried out in accordance with BS 2782: Part 10: Method 1001 or
ASTM D2583 or as per relevant IS code : latest edition or ASTM standard                 to
determine the hardness of as-installed pipe.
                                          - 261 -
5.1.7      Impact Resistance
The finished lining shall be free of all defects that affect hydraulic performance or
structural adequacy. This shall include defects arising from substandard materials,
faulty or inaccurate manufacture, inadequate preparation, faulty installation or
workmanship.
Defects which are considered unacceptable for linings include, but are not be limited
to the following:
                                          - 262 -
5.1.10    Standard of Finish
The lining with annulus gap grouted shall be a close fit against the original pipe along
the whole of its length and lateral connections shall be clean with no projections.
In the event that the lining is unacceptable due to partial collapse or due to any reason
thereof, the Contractor shall remove and replace by “No Dig” method with a lining of
the same thickness as the failed lining at his own cost including making good the
damage occurred to the sewer. The Contractor shall submit to the Engineer for
approval a complete method statement of these or any other remedial processes he
proposes to use. All such remedial works of renovation, repair or replacement and any
ancillary works needed in this connection and maintenance of the flow shall be carried
out at no risk and cost to MCGM.3
Process Control sheets shall be completed for each sewer. The Contractor shall
complete a Process Control Sheet for each sewer undergoing rehabilitation and shall
submit a copy to the Engineer once rehabilitation has been completed. The Process
Control Sheet is covered under Annexure -L.
The Process Control Sheet shall include the following minimum information unless
otherwise modified by the Engineer:
    Site location details, including upstream, downstream and all internal dimensions
     and total length of the sewer to be lined, manhole reference numbers, and street
     location;
                                          - 263 -
    Material(s) (Profile Strips, sealant, steel reinforcement etc) used in the liner along
     with test parameters, quantity, weight, batch number, etc. used.
The process control sheet and other relevant database should be supplied by the
Contractor in electronic format along with two sets of hard copies duly signed by the
Contractor’s site engineer and Engineer’s representative on site.
5.1.12 Re-Commissioning
All the other sewer lines and storm water drains used for temporary diversion of
sewage flow shall be made good by the contractor at no extra cost.
The sewer shall not be re-commissioned until the Engineer has granted permission.
The Engineer will retain the colour CCTV disks/Compact disks and photographs of the
works.
                                          - 264 -
6         Part 6 – Guidelines for Safe Entry and Working inside Sewers
6.1 Introduction
These general guidelines are intended to assist the Contractor in the development of
safe work practices. Where the risk assessment indicates that a particular hazard
cannot be present, the precautions to control that hazard do not apply. Remember
that a favourable history does not guarantee absence of hazard on this occasion.
“Confined space”, in relation to a place of work, means a space of any volume which a
person may at any time enter or be allowed to be enter in which the atmosphere is
liable at any time to be oxygen deficient. This includes but not limited to pipes, sewers,
manholes, tunnels, shafts, ducts, other similar sewerage installations and etc.
The Contractor shall develop acceptable work practices and safe entry procedures
based on the guidelines provided hereunder and the Corporations’ guidelines on
safety precautions to be observed during sewer desilting work included in this
specification and implemented on site.
The Contractor shall obtain an entry permit from the Engineer for each occupancy of
any confined space. The Contractor shall furnish all required details in an approved
format to the Engineer for permission to work in confined space at least 24 hours prior
to the entry. Where prolonged work is involved, the permit must be renewed for each
shift. An incident which substantially alters the condition of a confined space entry
requires immediate evacuation and reassessment of the condition. Copies of all entry
permits relating to previous shift must be submitted to the Engineer immediately upon
exit of the persons working in those shifts and in any case before further entry permits
are sought. No new entry permits shall be issued unless proper record of exit by
workmen from earlier shift is submitted to the Engineer’s representative.
                                          - 265 -
6.4       Air Quality and Ventilation
Contaminant control and effective ventilation are major factors influencing air quality in
a confined space while working in sewers/manhole. The ventilation must be adequate
to clear pre-existing contaminated air and maintain a respirable atmosphere during
planned work. This ventilation may be permanently installed or portable equipment
used for this task. For general ventilation, fresh air shall be supplied to the workplace.
Within the sewer system this creates an environment which displaces contaminated
air in the immediate vicinity.
6.5 Lighting
                                          - 266 -
Where the confined space has been proclaimed as a flammable gas hazard area, all
fixed and temporary electrical installation must comply with appropriate Indian
standard. Torches and portable lights must comply with appropriate Indian standard.
All confined space safety equipment must meet established standards and be of
appropriate design for the proposed usage. The equipment must be checked for
visible damage and correct operation before each use. Preventative maintenance
must be performed by trained, and where necessary, authorised persons at the
intervals recommended by the equipment manufacturers. The Contractor shall submit
to the Engineer evidence of such periodic check, Calibration and maintenance of the
equipment used for confined space entry at every month during the first week of the
month.
When the constricted volume of a worksite prevents normal work postures and tool
movement, the need for special tools or frequent work rotation should be considered.
When a confined space is normally liquid filled, accidental return to service must be
prevented by double isolation e.g. insertion of suitable blanking piece, plugging with
inflatable plugs, temporary coffer dams as a second isolation in a manhole or other
effective means.
Where a sewer is entered while flowing, rapid increase in flow must be prevented by
use of stop logs. Isolation of pumping stations, weather watch and other means
                                           - 267 -
appropriate to the sewer catchment. Adequate communication with the person
responsible for flow diversion must be maintained for the duration of the entry.
6.10 Drowning
Where deep or flowing water is present, use of personal flotation devices. Safety
harness and lifeline, safety nets etc. as appropriate to prevent drowning.
Adequate precautions must be taken to minimise the risk of fire or explosion when
entering a confined space for any purpose during all activities of sewer desilting,
CCTV inspection and condition assessment in particular during desilting of sewer and
while working in manhole/sewer
The presence of flammable gas, flammable dust or the possibility of the presence of
airborne substances in flammable quantities may create a hazardous Area. Care shall
be taken by the authorised person to determine the presence of any such flammable
situation in the confined space before entry. Smoking or lighting any cigarette or box
matches in confined space shall be strictly prohibited. The flammable gases of
concern are methane, digester gas, vapours from flammable liquid, and vapours and
gases from trade waste discharges.
Safe system of work should be followed to protect against fall of persons or objects
and crush by moving or falling objects. Extra care is needed if normal manual handling
gear is not available or confined space safety gear (Harness, Respirator) is worn.
6.14 Noise
Reverberation within a confined space can increase noise levels, especially if more
than one person is working. Heavy duty hearing protection may be required. The
Contractor must comply with the requirement of noise levels under Environmental
Protection Act and Rules.
                                         - 268 -
6.15         Vermin
All persons working in confined spaces should be aware of the health hazards
presented by the presence of vermin. The presence of cockroaches etc does NOT
indicate that the atmosphere is free of danger to health.
A member of the confined space work team is allocated the task of maintaining
communication with the members inside the confined spaces. This task may be
rotated among the members of the team. The Standby person must be trained and be
physically capable of providing the assistance and life support in an emergency and
must have sufficient proficiency in Marathi, Hindi and English languages to promptly
communicate information by radio or telephone when required.
While acting as stand-by, this person must not enter the confined space or leave the
vicinity unless relieved from this duty. A standby person is needed for all confined
space entries. The Safe System of Work must indicate the process for communication
from the confined space to the standby, e.g. 2 way radios. 'Man down' alarm, line of
sight etc.
No person shall enter any confined space, even in an emergency, without first
ensuring all safety requirements have been met. A safety emergency plan may assist
in a safe, speedy response in the event of an emergency.
All confined space work teams must be trained and equipped to sustain life and be
able to summon emergency help. Provide first aid and assist emergency service
personnel, if requested.
                                         - 269 -
Rescue of persons apparently overcome by toxic gases in a sewer/manhole or other
confined space must only be attempted by trained persons using supplied air
breathing apparatus. Stabilisation of other injuries must be prioritised against the
availability of breathable air.
The Contractor shall engage an authorised person for gas monitoring and detection.
This person shall be trained to operate and response test gas testing equipment and is
authorised by management to perform the necessary tests to decide whether a
confined space is fit to enter.
Gas testing can only be performed by persons trained in gas testing, using equipment
appropriate for the anticipated contaminants. This person can perform other duties
provided these do not conflict with the gas testing task
This person has technical qualifications and acceptable training to operate and
response test gas testing equipment, including hydrocarbon detectors and detector
tubes and assesses portable ventilation systems. He is authorised by management to
carry out atmospheric testing to establish entry conditions for all confined space
categories. He also performs tests to verify whether hot work is permitted in gas
hazard areas. He shall ensure that the Gas Detector unit has been properly calibrated
and fit to be used in the given circumstances.
6.21 Cleaning
Where possible, cleaning should be performed without entry to the confined space.
                                         - 270 -
Hose couplings should be designed to resist accidental dislodging or loosening. Both
the operators and the standby person should be able to stop the flow of cleaning
material into the confined space.
6.22 Visitors
A visitor to a confined space is a person other than a contractor, who is not a member
of the Confined Space Work team. Visitors must be escorted and trained or inducted
in the necessary skills for that entry and shall sign an indemnity form before entry into
a confined space.
Hazards to be identified and controlled include but are not limited to: access.
Mechanical and electrical isolation, flow isolation and control, drowning and
engulfment, last known contents, atmospheric contaminants, temperature extremes,
security and public access.
6.24 Definition
Parts of gas or vapour per million parts of contaminated air by volume at 20oC and 1
bar pressure.
1 ppm = 0.0001%
Percentage
1 % = 10,000 ppm
                                         - 271 -
6.25      Air Quality Standard for Entry
Hydrogen Sulphide (H2S)       10 Parts Per Million (ppm) Maximum (For Visitors)
                              Reducing to 5 ppm for members of the public
Carbon Monoxide (CO)          30 Parts Per Million (ppm) Maximum Carbon Monoxide
                              (CO) (For Visitors) Reducing to 10 ppm for members
                              of the public.
Carbon monoxide is colorless. Odorless, flammable and toxic. Its common sources
are fire, motor vehicle exhausts and cigarette smoke.
This gas is a chemical asphyxiant and is readily absorbed by the hemoglobin in the
blood. Then hemoglobin is unable to transport oxygen to the body tissues and the
body becomes oxygen starved. These effects are more pronounced with hard work or
for heavy smokers. Symptoms include headache (50-200ppm), nausea (400ppm),
and irregular heartbeat (1200ppm). Collapse and death (2000ppm).
The entry permit limit is 30 Parts per Million (ppm). Maximum with an IDLH value of
1500 ppm. The entry limit reduces to 10 ppm for members of the public. (IDLH-
Immediately Dangerous to Life and Health)
Note: Some gas detecting machine sensors are cross sensitive, H2S being detected
by the CO cell and vice versa. Alarm by either sensor requires evacuation and
re-evaluation of the safe system of work.
A gas or vapour which will burn when mixed with air in certain proportions and ignited.
                                        - 272 -
The mixture which contains the least amount of flammable gases which will explode is
called the Lower Explosive Limit (LEL) The mixture, which contains just enough
Oxygen to let the flammable gas explode. Is called the Upper Explosive Limit (UEL).
The flammable range varies for gases and vapours.
Many of these have toxic effects when inhaled and a Workplace Exposure Standard
has been issued to protect workers from this Gas/Vapour. The Contractor shall obtain
relevant Workplace Exposure Standard (WES) for use in the site.
                               Flammable
       Gas/ Vapour                                   5% LEL            WES
                               Range in %
  Butane
                        1.9- 8.5                   950ppm         800ppm
Hydrogen sulphide is a colourless, toxic and flammable gas which usually has the
odour of rotten eggs. ln sewerage systems it is usually derived from the action of
bacteria on the sulphur compounds in anaerobic or old sewage. A small amount of
sludge or slime in wet wells or sewers will release a lot of H2S when disturbed.
After a few minutes exposure, the ability to smell hydrogen sulphide by a person is lost
and then hydrogen sulphide becomes more dangerous as its presence is no longer
obvious and the person could become an innocent victim.
It can sometimes be detected by odour at less than 0.1 ppm but can be readily
detected by odour at 4ppm. More serious health effects include eye irritation (10ppm),
respiratory irritation (50 ppm), headache, nausea, dizziness (20oppm), collapse and
death (300ppm).
                                         - 273 -
The entry permit limit is 10 Parts per Million (ppm), Maximum with an IDLH value of
300ppm. The entry permit reduces to 5 ppm for members of the public.
Note: Some gas detecting machine sensors are cross sensitive, H2S being detected
by the CO cell and vice versa. Alarm by either sensor requires evacuation and
re-evaluation of the safe system of work.
The most common flammable gas found in sewers is methane. This mainly comes
from gas pipe leaks in the city’s gas distribution systems. It can also be derived from
the action of anaerobic bacteria on rotting material.      However a range of other
flammable gases and vapours may be encountered.            These include LPG, petrol
vapour and other solvents.
Methane is a colourless, odourless gas. Although pure methane is slightly lighter than
air. The relative density of methane/ air mixtures is similar to air in the entry permit
range. Methane is hazardous because of its flammability, i.e. between concentrations
of 5% to 15% in air, may explode if an ignition source is present.
Note: that the entry permits level is 5% of LEL, NOT 5% flammable gas.
                                         - 274 -
Breathing of air which contains reduced oxygen results in increasingly serious health
effects. These range from impaired coordination and faulty judgement (12-16% O2) to
collapse and rapid death (less 6% O2)
Increased oxygen readings can only come from instrument error or by leakage from
oxygen cylinders, liquid oxygen tank, etc. High oxygen levels greatly increase fire
hazards, fires burn fiercely; oily clothing and hair can catch fire without an ignition
source.
Entry, unless wearing air supplied breathing apparatus, is not permitted unless
atmosphere contaminants are below the relevant 8 hour time weighted average (TWA)
Workplace Exposure Standard.        This limit applies for all entries including brief
exposures. Entry wearing breathing apparatus is only permitted where the
concentration of the contaminant is within the protection factor of the breathing
apparatus and below the IDLH (Immediately Dangerous to Life & Health) value.
Air in contact with live sewage contains gases released from the sewer. For safe
entry, contaminated air must be replaced with clean air by ventilation of the confined
space. The resulting atmosphere must be confirmed by gas testing.
Discharge of untreated wastes, e.g. hypo chlorites, electroplating effluent, acids may
result in generation of chlorine, hydrogen cyanide and other harmful gases some
distance from the original discharge.
The confined space category is a guide to developing a safe system of work. The
confined space category may change to a more stringent level as a result of adverse
environmental factors or work produced contaminants. Alternatively it may change to a
less restrictive category if appropriate engineering upgrades, whether temporary or
permanent, are implemented.
                                        - 275 -
Category 1 - Confined Space
Entry allowed only if flammable gas is below 5% of L.E.L. and other gases are within
the protection factor of the respiratory protective equipment used.
Personal Safety
Respiratory Protection
    wear airline breathing apparatus with backup air supply OR wear self contained
breathing apparatus
Note: Oxygen self rescuer is not a backup for an airline used in contaminated
atmospheres.
Sewer, wet wells etc can be reclassified by a Specialist Gas Detector to a lesser
confined space only when an approved safe system of work is employed. This safe
system of work must provide for demonstrated control of airborne contaminants and
other hazards in the workplace, to provide conditions equivalent to a category 2
                                         - 276 -
Hot work requires control of fire and explosion hazards and may require air supplied
breathing apparatus to control fumes irrespective of the confined space category. A
Hot work permit is required in addition to the normal entry permit.
Entry allowed only if all gases are within entry permit limits
Personal Safety
Respiratory Protection
    If air quality test fails refuse entry until reason found and rectified, or revert to
     Category 1 entry conditions.
Hot work requires control of fire and explosion. Hazards and may require air supplied
breathing apparatus to control fumes irrespective of the confined space category. A
Hot work permit is required in addition to the normal entry permit. A hydrocarbon
check by a 'specialist gas detector' is required unless the environment can be
upgraded to Category 3 conditions.
                                          - 277 -
Category 3 - Confined Space
Entry permit required (unless using a posted entry procedure for routine operation of
       the facility) for each shift that the structure be occupied.
Personal Safety
Respiratory Protection
      If air quality test fails, revert to Category 1 entry conditions or refuse entry until
       reasons found and rectified.
Personal Safety
Respiratory Protection
Separate Permit(s) required for chemical cleaning and/ or Hot Work. If evacuation
alarm sounds, evacuate following site emergency procedure. Reoccupy as a Category
2 confined space.
                                            - 278 -
                              Category 1       Category 2   Category 3   Category 4
SCBA yes* #
A general entry permit for working in sewerage works is given in 'Annexure K' as an
example. The Contractor shall develop his own format of the entry permit form and
submit it for the approval of Engineer
Any safety equipment, tool, gadget or machine for use on site must be maintained as
per manufacturer’s recommendation and records kept of this maintenance.            The
                                         - 279 -
Safety Officer/engineer shall check the equipment to be used and certify it fit for use
every time it is used on site.
Compressed air bottles must be refilled by a source which warrants that the air meets
quality standards of BIS/AS or equivalent
Air from air compressors must be treated to meet quality standards of BIS/AS and
tested periodically to demonstrate compliance.
The instrument must be checked for correct functioning using a test gas ('Response
Check') every day when the instrument is used to check possibly contaminated
atmospheres.
If the instrument is used less frequently, it can be response checked each time it is
used.
It shall be the responsibility of the safety officer/engineer to ensure that the Gas
Detector Equipment is in perfect working condition and providing accurate readings
representing the atmosphere it is required to be used.
6.38 Standards
The following equipment must meet the relevant section of AS1716 or any equivalent
standard
                                        - 280 -
c.         Airline compressed air breathing apparatus
All workmen should use all the same-model of this equipment for interchange ability.
1 Oxygen 1% - 30% 1%
(To be taken during desilting, CCTV inspection and condition assessment works as
well as installation and testing procedures as per standing guidelines of MCGM)
(1)    Before opening any manholes, the stretch shall be properly barricaded and
       isolated in accordance with the safety requirements and the permission issued by
       the traffic police. The workmen on ground shall be provided with reflective safety
       jackets and a person shall be positioned to guide the traffic in vicinity of the work
       site to prevent any traffic accident involving the workmen or third party. To begin
       with the work of desilting, initially six consecutive manholes are to be opened, two
       on the upstream and two on the downstream side of the two manholes, on the
       actual stretch to be cleaned or desilted. The manholes should be kept open for
       one hour prior to the starting of cleansing operations and should be so kept open
       during the whole duration of cleaning operations. This to be done for allowing the
       combustible gases to escape naturally. No lighted match sticks should be thrown
       in the manhole. This may cause fire and explosions endangering the life of the
                                            - 281 -
      workmen and the pedestrians. This may also damage to the sewer and other
      adjoining utility services, if any.
(2)   Jalis (safety screens) should be placed over all the opened manholes to prevent
      pedestrians etc., from falling in. Tripod stands with flags painted red should be
      placed over the manholes. The letters “Danger - Manhole Open” should be
      written in white reflective paint on the red background.
(3)   When working at night, lantern fitted with red globe and lights shall be placed with
      a temporary cover over the manhole, so that top of the cover is flush with the road
      surface. The covers shall be provided by the contractor without any extra cost.
      The same should be removed and replaced with regular manhole cover when the
      work is closed after ensuring that every worker entering the manhole/sewer has
      come out of the same.
(5)   Manholes shall be kept open for minimum one hour to allow foul gases to escape
      and simultaneously there should be forced purging with the help of an air blower
      to completely clean the air in the sewer.
(6)   Sewage levels shall be checked in the manholes and the same should not be
      more than 100mm (4”) or 10% of height whichever is lower.
(7)   Wet lead acetate paper shall be inserted in the manholes which should not turn
      even light brown or black. If the lead acetate paper turns light brown or black,
      then the atmosphere inside manhole indicate the presence of Hydrogen Sulphide
      Gas (H2S) and in that case this test shall be repeated after every ten minutes till
      positive result is achieved. The sensitivity of lead acetate papers should be
      ascertained to suit and detect the minimum allowable concentration (MAC) for
      long term exposure. This paper should be held as low as possible in the manhole
      atmosphere.
                                            - 282 -
(8)   In spite of long waiting for about one and half hour, if the lead acetate paper
      continues to show negative result, air blower shall be used for half an hour.
      Thereafter gas detector shall be used to check the presence of gases and the
      worker shall be allowed only after it is confirmed by the Safety Officer/engineer in
      writing by issuing an Entry Permit that the condition insider the manhole is safe
      for man entry. Wherever necessary, or where the sewer line is heavily silted or
      there are chances of gas eruption, the person entering the manhole shall be
      provided with gas mask or breathing apparatus and hand blower or mechanical
      blower for use. Notwithstanding the lead acetate paper test or any other
      conventional tests use of gas monitor in working condition in every case is
      mandatory.     The gas monitors should be accurately calibrated after regular
      intervals to maintain their reliability
(9)   After the lead acetate paper test, a lighted Davy’s safety lamp shall be inserted in
      the manhole which should burn smoothly. If not, it shows the presence of Carbon
      monoxide (CO) and in that case precautionary measures as stated should be
      followed.
(10) After the presence of combustible gases is ruled out, further test is required to be
      carried out for the presence of oxygen.
(11) lighted naked candle placed at the centre of the candle testing equipment
      covered with glass on three sides should be lowered down slowly. If the flame is
      extinguished or flickers, it indicates the presence of carbon – monoxide and or
      carbon dioxide. If it burns for not less than five minutes uniformly, it indicates the
      presence of oxygen which is required for breathing for the workman working
      inside the manhole.
      After all these tests are carried out successfully, particular care should be taken
      where sewer is heavily silted that scum and sullage thoroughly stirred and
      disturbed by means of long bamboos / G.I. Rod from the top of the manhole to
      allow entrapped gases within silt pockets to escape before allowing the labourers
      to enter into the manhole.
                                                - 283 -
The depth of water should be measured and the labourer should be allowed to
enter the manhole only when the level of water is less than 100 mm (4”).
Before the labourer is allowed to get down inside the manhole, he should be
asked to apply barrier creams all over the body as a precautionary measure to
safeguard against itching and burning sensation. Safety belt/ harness with sturdy
rope should be tied around his waist and chest when the labourers getting down,
another man at the top should hold the other end of the rope which is tied to the
harness of the labourers getting down / going down the manhole.
Not less than two people should be allowed to work inside the manhole at a time.
Working alone in manhole/confined space shall not be permitted under any
circumstances. They should always be sent in pairs. The labourers should not be
asked to work for more than one hour at a time inside the manhole. If the work
has to go on continuously, another pair of labourer should be asked to get down
after the one hour period of the earlier pair.
If the labourers who are working inside the manhole show even light discomfort,
they should be asked to come up or pulled up. The labourers who are working
inside the manhole should given jerks very few minutes to signify that everything
is okay with them. A safely secured winch pulley system shall be provided for the
worker to get down the manhole or for pulling out the workers.
After getting satisfactory test result and after taking precautionary measures as
stated above and issue of safety permit and certification by the Safety
Officer/engineer, the worker shall be allowed to descend or enter in the manhole
using winch pully system/ aluminium ladder of adequate strength and approved
type providing access to the bottom of the manhole. The worker shall wear
personal protective gear before working inside the manhole. The workers
entering the manhole shall be provided with wadder suit, hand gloves protective
head gears, gumboots, abrasion resistant gloves, safety goggle, head lamp etc.
It should be remembered that in spite of the manhole entry tests being carried
out, there are chances of eruption of poisonous gases in the silt and the safety
officer/engineer shall properly brief the workman working in confined spaces on
such issues and ways to overcome any emergency situations. If the worker finds
                                     - 284 -
       any difficulty in breathing initially or during the work then he should be taken out
       immediately by means of harness belt. Where the sewer line is heavily silted or
       there are chances of gas eruption, gas mask must be used while entering the
       manhole and also during desilting.
       If the worker inside the manhole requires any instrument, the same should be tied
       to rope and lowered slowly inside the manhole ensuring the safety of the worker
       working inside the manhole.
(13) On completion of the work, prior to closing of the manhole, the supervisor shall
       make sure to count the number of workers to ensure that all of the workers who
       went down the manhole have come out and no worker is left inside the
       manhole/sewer. The name of all workers shall be tallied with those in the entry
       permit form and shall be signed by the supervisor prior to submitting the same to
       the Engineer.
(14) On completion of the work, all manholes shall be checked and it should be
       ascertained that all tools or equipment are removed from the manholes the same
       are properly closed
(15) The workers emerging out of work inside the manholes and sewer shall be
       provided with bathing facilities for their hygiene. As necessary health check up
       shall also be arranged for the workers.
6.40        Scheme for Safety Measures and Welfare of the Workers (Engaged by
            MCGM and its Contractors or sub-contractors)
(1)    Scheme prepared by MCGM for Safety measure and welfare of the workers
       engaged by the Municipal Corporation of Greater Mumbai (MCGM) or by its
       contractors engaged for desilting, cleaning and repairs of sewer lines and
       associated works has been approved by the Bench of Mumbai High Court. The
       Contractor must follow the scheme for the safety and welfare of the workers
       engaged. The Contractor is deemed to have read and fully understood the
       requirements and obligations and made necessary provision in the contract price
       for the full compliance of the requirements.
                                            - 285 -
(2)   The bidders shall obtain a copy of the scheme from the office of Dy.Ch.E. (S.O.)
      P&C, and follow the same scrupulously. The Contractor’s safety officer/engineer
      and project manager shall be wholly and solely responsible for compliance with
      the directives/guidelines.
(3)   Notwithstanding the conditions incorporated by the Corporation in the bid, the
      Contractor shall obtain his own copy of the scheme and ensure that he complies
      fully with the statutory requirements.A suitable penalty shall be imposed on the
      Contractor for noncompliance of the conditions related to health, safety and
      welfare of the workers and other conditions of the scheme.               Under no
      circumstances the contractors shall be allowed to start the work of cleaning and /
      or desilting and/or repairs including CCTV inspection and Condition assessment
      of the sewer lines / manholes, until the requisite insurance cover involving all
      risks and the workmen and third party are obtained and kept alive by the
      Contractor and accepted by the Engineer and verified by the Engineer and safety
      measures are adopted on site. Senior Officers of MCGM will also verify during
      their periodical inspections that proper safety procedures are followed and record
      is maintained and the various conditions related to safety and welfare of the
      workers is fully complied with. As necessary periodic mock drills shall also be
      carried out for the work crew under the guidance of the project manager /safety
      officer/engineer.
(4)   Whenever the work of cleaning and/or desilting the sewer lines are entrusted to
      private contractors/ sub-contractors, such contractors shall be required to strictly
      observe all the conditions set out in the scheme. In case of deployment of
      sub-contractors for desilting/ cleaning purpose, the main contractor shall duly
      notify the Engineer about the subcontractor and obtain prior approval for
      deployment of such sub-contractor; notwithstanding the other requirements
      about sub-contracting. However, the main contractor shall stand solely
      responsible for the safety of the works/ site.
(5)   Copy of the safety measures in either Marathi or Hindi language or the mother
      tongue of the workmen shall be given to each worker and also read out to them
      by the Supervisor/ Safety Officer of Contractors and explained to them
                                          - 286 -
(6)    Non compliance of the scheme for safety and welfare of the workers shall amount
       to contempt of court and the Contractor shall be liable to face any penal action in
       this respect in addition to usual penalty as per G.C.C. The amount paid towards
       compensation to the workers of the contractors shall be recovered from the
       Contractor through his running bills or any other deposits held with MCGM.
(1)    Proper ventilation shall be maintained in the manhole and sewer line being
       desilted. Mechanical blower should be preferably used for half an hour to one
       hour before entering the sewer line even after getting the safe working condition,
       while desilting sewer lines where accumulation of silt is heavy. The blowers shall
       be operated continuously during the desilting of sewer lines which are heavily
       silted or susceptible to gas generation.
(2)    While carrying out desilting, if required by the Engineer or the site conditions, the
       contractors shall use blower during the entire period. This would not only ensure
       safe condition but also ensure comfortable working condition for the worker and
       would in turn increase his performance and output.
(3)    In some manholes where sewage is falling over workman or causing obstruction,
       plugging the upstream sewers will be allowed temporarily without any cost to the
       corporation, provided the Contractor ensures that the upstream sewer line does
       not overflow. The plugs shall be removed by the Contractor at his risk and cost
       immediately after the work has been completed.
(4)    The Contractor shall use mechanical process for cleaning and desilting sewer
       lines, manual desilting of sewer lines is strictly not allowed.
(5)    A tentative list of various safety tools, overhauls and safety equipment is given
       and the Contractor is obliged to provide at least the minimum number of safety
       equipments as indicated therein. The Contractor shall ensure that all workmen
       are briefed on use of the personal safety equipment (PPE), safety tools and
       gadgets and they use the same without fail before entering the manhole, sewer
       (confined space) etc.
                                            - 287 -
(6)    No worker of Contractor shall be allowed to enter into the manhole for cleaning
       and desilting the sewer lines unless all the safety tools, shackles and equipment
       are at site and the worker is equipped with personal safety equipment such as
       gumboot, wadder suit, headgear, head lamp, hand gloves and harness belt etc
       and the safety officer clears his entry in the manhole or sewer by issuing an entry
       permit.
(7) The contractor should keep “fully replenished first aid box at the site of works”.
(8)    One dedicated vehicle with the safety equipment such as breathing apparatus,
       diver suit, air blower, escape set etc., shall be made available at each site where
       personnel are entering the manholes for desilting, CCTV inspection or condition
       assessment. The same vehicle shall have other facility such as first aid kit,
       provision for eye wash etc. This vehicle may be used as an ambulance van in
       case of an emergency or an accident. The driver of such vehicles shall be duly
       informed about emergency steps and nearest medical facilities/ hospitals and
       shall be provided with mobile phone and his number made known to each and
       every person working on site. Special precautions may be needed to prevent
       inhaling of toxic fumes/gases while stanking (temporary/permanent) etc.
(1)    No person below the age of 18 years shall be employed for carrying out cleaning
       and desilting work of the sewerage system / sewer lines.
(2)    Adequate safety measures shall be taken by the Contractors to protect the
       workers engaged for sewer cleaning and desilting works.
(3)    The Contractor should impart training to the supervisory staff regarding
       implementation of this scheme and of safety measures including rescue methods
       and the use of safety equipment. Such training programme should be repeated
       periodically. The safety officer shall periodically brief the workers and supervisors
       and conduct mock drills to ensure that the staff working on site is ready to face
       any untoward situation.
                                            - 288 -
(4)   The workman entrusted with the work task of sewer cleaning and desilting should
      have basic functional literacy.
(5)   A detailed medical check up of all the workers must be immediately undertaken.
      This check up should include a full clinical examination, proper blood tests,
      routine radiological tests, pulmonary functions test, a psychiatric evaluation and
      other specialized tests wherever necessary. Special emphasis must be given to
      the study of the respiratory system, the eyes and the skin problems.
(6)   Each worker engaged in cleaning and desilting of the sewer lines / manholes,
      shall be medically examined once a year and shall not be engaged, if he is
      suffering from any of the diseases such as respiratory, skin, eye problems,
      infections, cardiovascular, spinal psychiatric nature etc.    He should not be
      engaged for cleaning and desilting work inside the manhole or see lines till he is
      cured.
(7)   Whether a person is suffering from any of the above mentioned diseases or not
      shall be certified by any Municipal Doctor. Similarly, the contractors engaged in
      cleaning and desilting operation, shall get their workers, employees medically
      examined and shall not employ any worker who is found to be suffering from any
      of the above mentioned ailments. The Contractor shall submit with the MCGM a
      certificate from a registered medical practitioner showing that the workers to be
      engaged for the said contract involving cleaning and desilting operation are not
      suffering from any of the above mentioned ailments.
(8)   The workers should be provided with vaccination against certain diseases
      commonly prevalent among sewage workers due to the nature of their work.
(9)   First Aid Box properly stocked including washing bottle to wash skin and eyes,
      should be kept.
                                         - 289 -
(11) The Contractors engaged by MCGM for sewer cleaning desilting and repair work,
       should take out workmen insurance policy at contractor’s cost (individual or
       group) for workers engaged by him for sewer cleaning and/or desilting or
       repairing.
(12) The contractor shall maintain washing, drinking water and toilet facility at each
       Chowky. If no toilet is provided in the chowky, it should be so located that the
       public toilet is available within a distance of 300 m. The site Chowky should also
       be equipped with full first aid kit.
(13) Contractor should provide carbolic soap at the rate of one cake for four days and
       washing soaps at the rate of one cake for four days for washing clothes that are
       used by workers. The workers should be asked to take bath after the work is
       over. In cold seasons i.e. November 15 to January 31st, Contractor should
       supply sufficient fire wood to workers for warming up after taking the bath.
(1)    A responsible officer of the supervisory cadre (designated Safety Officer) of the
       contractor should be physically present at the site and he/she should ensure and
       document compliance of the guidelines under the scheme for measures of safety
       and welfare of the workers and entry worthiness in the manhole. He / She should
       remain physically present throughout the operation and the onus of compliance
       of these guidelines should lie on him/her.
       A log book should be maintained by him/her for giving the date and time, the
       names of workers, place and other relevant particulars to stay in the manhole etc.
       The said official should hold a certificate of training from a Competent Body such
       as St. John’s Ambulance Brigade, Loss Prevention Association of India, Mumbai
       Fire Brigade etc of training in First Aid and Emergency measures. If the Engineer
       is not satisfied about the various requirements as per the scheme then the work
       should be stopped immediately.
(2)    List of the contractor’s employees including their residential addresses, age etc.
       is required to be supplied by the Contractor in separate register.
                                              - 290 -
(3)   If the contractor has engaged 20 or more labourers, then the contractor is
      required to be registered under the Contract Labour Act and Inter-State Migrate
      Labour Act, wherever applicable.
(4)   Contractors should abide by all the rules and regulations in respect of labour laws
      prescribed by the Government, Authorities and submit the returns etc.
(5)   The workmen compensation should be paid to the Contractor’s employees as per
      the provisions of Workmen’s Compensation Act.
(6)   Contractor should maintain a muster of all the labourer working at site and his
      supervisor should prepare a triplicate copy of the same specifying the persons
      getting down the manhole and send one copy to the site engineer and another
      copy along with a copy of entry permit to the assistant engineer or executive
      engineer who is in charge of works and third copy should be kept by the
      Contractor in his office for his record.
(7)   He should also take measurements along with the site Engineer of the silt
      removed immediately after the work is closed for the day and prepare the same
      measurement record in triplicate. The contractor should give one copy to site
      Engineer and he should send one copy to the Assistant engineer or Executive
      Engineer, the copy of both of these should reach the A.E. or E.E. on the next
      working day before 11 A.M. without any extra cost.
(8)   The Contractor shall also ensure that the silt removed from the sewer is
      transported within 24 hours to the Dumping ground or to the site as directed by
      the Engineer.
(9)   If the contractor fails to remove the silt within 24 ours the same will be removed
      by the Corporation at his risk and cost, after the contractor has been notified in
      writing.
(10) The contractor should not make the silt storage depot etc., near the water gully.
      If found that the contractor disregarded the above and caused blockage in the
      water gully, the Corporation will clean the gully at the risk and cost of the
      contractor.
                                           - 291 -
     Contractors shall locate depots at places where the obstruction to traffic is least.
     Depots should not be made near to junctions or school and shall obtain the
     approval of the Engineer on the location of Depots.
     All the silt removed from manholes near bus stop or junctions should be
     transported immediately to a place approved by the Engineer within 100 meters
     from the manhole and from there silt shall be transported and disposed off by the
     contractor as specified in the contract. No extra payment on this account will be
     made.
(11) The contractor should sprinkle sufficient quantity of bleaching powder over the
     silt removed to prevent smell emanating from the silt.
     No person other than the Contractor’s workers should be allowed to go inside the
     manhole.
(12) No person other than the Contractor’s workers should be allowed to go inside the
     manhole.
(13) Plugging/stanching etc., if required to be done for stopping the flow or diverting
     the flow and pumping out sewage to facilitate removal of the choke or for any
     other purpose connected with cleaning/desilting/CCTV inspection/condition
     assessment work shall be done by the contractor without any extra cost.
(14) Even though the contractors take all the precautionary measures and by chance
     any workman is injured or dies due to negligence or otherwise the contractor will
     be responsible for the claims of damages by the workman or his heirs.
                                           - 292 -
7          Part 7 – Submittals and Technical Schedules
To ensure compliance with the requirements specified in the Contract, the contractor
shall make a number of submittals as described in the following clauses to the
Engineer for approval by the specified time. The contractor shall ensure that the
submittals prepared are of good professional standard, comply with all the
requirements specified in the contract and complete with all details and information to
enable the Engineer to evaluate and approve the submission. It shall be clearly
understood by the contractor that he shall not commence any work without the
approval of the submittals by the Engineer.
The submittal on method of work shall explain in details the various steps involved in
the rehabilitation process and shall include the flow management, desilting, pipe
preparation, supply and installation of liner, lateral reinstatement, CCTV inspection
and condition assessment process, manhole repairs, trenching and excavation of pits,
picking up and diversion of body connection to the nearest manhole, etc.
Submittal should also include details of repair procedures if the sewer is damaged
during desilting, installation, CCTV inspection and condition assessment procedure,
etc. Any other details specific to the proposed lining system shall also be included. It
shall also contain a detail section on remedial measures in case the installation
method fails for any reason.
                                              - 293 -
The Contractor shall submit the detailed plan at the bidding stage. The Contractor
shall be solely responsible for remedial measures and re-installation and restoration of
the sewage flow. All Such measures shall be entirely at the risk and cost of the
contractor.
The bidder shall submit power point presentation of the technology, methodology of
installation , etc. offered by them for executing the work of rehabilitation in CD/DVDs.
The bidder shall submit the above details in Technical Schedule 7.1 along with the
bid.
The bidder shall submit detail design procedure and calculations (for each stretch of
sewer under the scope of work) for the liners as per the technical specifications as
Standalone Type II liners in this schedule.
a)     All materials, sealants, adhesive, etc. must have a proven track record of use in
       sewer rehabilitation works.
b)     The bidder should give complete design procedure and calculations (short term
       and long term) for the proposed rehabilitation work in this schedule.
c)     The contractor shall also submit flow calculation with the proposed liner in this
       schedule
d)     The Standard Dimension Ratio (SDR) shall be chosen in such a way that the
       resulting thickness of pipe shall meet the design calculation as a standalone type
       II pipe.
f)     The liner design shall be carried out considering hydrostatic loading, soil loading
       and traffic loading acting together on the sewer.
                                           - 294 -
g)     Unless otherwise specified all design calculations shall assume minimum factor
       of safety of 2 and a minimum factor of safety of 2.5 shall be assumed for buckling
       check.
h)     The life of the installed pipe system shall be minimum thirty (30) years under live
       sewer conditions
i)     The water table level for design purposes shall be considered at ground level.
       The design Head of water, therefore, shall be taken as equal to the depth of pipe
       invert level below ground level.
k)     The design of liner shall be carried out and approved by professional recognized
       organization / institution like WRc, I.I.T. having particular experience in liner
       design and structural assessment of sewers of similar nature and complexity to
       the project.
The bidder shall submit the above details in Technical Schedule 7.2 along with the
bid.
The bidder shall submit the durability performance data of the proposed liner in
technical Schedule 7.3 along with the bid.
7.4 Bidder’s Proposed Liner Thickness & Cross Section Area Reduction
The bidder shall submit the details of proposed liner thickness and cross section area
reduction for each stretch of sewer under the scope of work in technical Schedule 7.4
along with the bid.
                                           - 295 -
7.5        Bidder’s Track Record on the application of proposed Lining System.
Bidder shall submit the Data for the works of rehabilitation of sewers carried out using
proposed methodology as submitted for qualifying the post qualification criteria in
Technical Schedule 7.5 along with the bid. Use separate sheet for each project.
Bidder shall submit the details of successfully completed rehabilitation works carried out
during last 07 years using trenchless technology for non man entry sewers using any
technology and / or proposed technology for the purpose of technical evaluations in
Technical Schedule 7.6.
The data submitted shall be substantiated with the relevant work orders and completion
certificated issued,
The bidder shall submit Work Schedule showing the time within which various
significant activities of the work will be executed and completed as Technical
Schedule - 7.7.
The Contractor shall submit an overall baseline work schedule as per the specification.
The programme shall form the basis of monitoring the Contractor’s performance. Any
deviations to the programme shall be reported to the Engineer and adequate reasons
shall be given for the deviation. The programme will form a yard stick to measure the
Contractors’ performance.
The bidder shall submit the declaration in technical Schedule 7.8 along with the bid.
The Contractor’s Quality Assurance Manual for the Works shall be submitted to the
                                          - 296 -
Engineer for his endorsement within fourteen (14) days of the Date of Letter of
Acceptance. The Quality Assurance Programme shall be maintained in accordance
with the provision of the manual. No works shall commence until the Quality
Assurance Manual has been endorsed by the Engineer.
The Contractor’s Quality Assurance System shall incorporate but not be limited to the
following:
a. The Quality Assurance and Quality Control procedures covering all material
   design. Manufacture, supply and installation carried out by the Contractor and any
   of his sub-contractors.
b. Such tests necessary to demonstrate that materials comply with the requirements
   of this specification and the requirements of the relevant Standards and Codes as
   described in the specification.
The worksite must be arranged in length to be consistent with good progress in laying
the sewers and sufficient distance between work sites must be maintained to ensure
the free flow of road traffic. The contractor must provide and maintain at each work site
proper and efficient automatic lights operating day and night for the full duration of his
occupancy of the roads.
The Contractor shall also submit a comprehensive traffic management plan for a
particular site at least 14 days prior to commencing each work for Engineer’s approval.
                                          - 297 -
7.11      Technical Schedules
The bidder shall fill all Technical Schedules and upload the same in Packet – B along
with the bid. Non-compliance of this requirement may lead to disqualification. If
required the bidders may be asked to substantiate the claims made by them in the
Technical schedules, failing which they may be disqualified.
                                        - 298 -
                      Technical Schedule 7.1 – Methodology of Work
The bidder shall submit in detail methodology for the following activities of the work as
per submittal 7.1.
(a)   Preparatory works including Isolation / plugging of sewerline and flow diversion
      by pumping arrangement or by stanching.
(d)   Taking pits for accessing sewerline and taking trenches for diversion of sewage
      flow and for diverting body connection to the nearest manhole.
The methodology for lining system shall contain the following details.
                                         - 299 -
(9)   The Rescue/Remedial measures to be adopted in case of a failure of the liner
      during testing/quality control stage.
(10) Any other relevant details.
                                              - 300 -
Technical Schedule 7.2 - Design Procedure & calculations for Lining Thickness
The bidder shall submit design procedure and calculations (for each stretch of sewer
under the scope of work) for the liners as per the technical specifications as
Standalone Type II liners in this schedule as per submittal 7.2
                                        - 301 -
               Technical Schedule 7.3 – Durability Performance Data
The bidder shall submit the details of the proposed liners as per submittal 7.3 in this
schedule.
Sr.
             Requirements                     Details to be filled by Bidder
No.
                                        - 302 -
Sr.
            Requirements                             Details to be filled by Bidder
No.
 11   Joint details
      (a) Type of Joint
      (b)Sealing arrangement
In 5 years
In 10 years
In 30 years
                                              - 303 -
Sr.
             Requirements                         Details to be filled by Bidder
No.
In 5 years
In 10 years
In 30 years
In 5 years
In 10 years
In 30 years
16 Technical Publication(s)
Note:
The above data shall be substantiated with documents/independent test reports/client appraisal
report/in house testing reports / technical reports etc.
                                            - 304 -
Technical Schedule 7.4 – Bidder’s Proposed Liner Thickness & Cross Section
                              Area Reduction
The bidder shall submit the details of proposed liner thickness and cross section area
reduction in the following proforma for each stretch of sewer under the scope of work
as per submittal 7.4.
                                                                                                                                                                          Post Rehabilitated
                     Pre Rehabilitated Sewer                                                                     Loadings
                                                                                                                                                                                          Sewer
                                                                                                                                                                                                                                                         % Change in Flow
      Name
                                                                                                                                                              As installed liner
                                                                                                                                                               thickness (mm)
                                                                              Flow in M3/Hr
                                                                                                                                                                                                                    Flow in M3/Hr
                                                                                                                                                                                  Internal Dia of
                                                                                                                                                                                                                                                              Area
No.
      Road
                                        (mm2)
                                                                                                                                                                                                        (mm2)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
                                                                                                                 - 305 -
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
      - 306 -
Technical Schedule 7.5 – Bidder’s Track Record on the application of proposed
                                             Lining System.
Bidder shall submit the Data for the works of rehabilitation of sewers carried out using
proposed methodology in this schedule as submitted in the post qualification criteria, use
separate sheet for each project.
  Sr.
                            Description                        Details to be filled by Bidder
  No.
   1    Project Details (in India or in abroad) :
        Contract name :
Contract Address :
Contract Value :
2 Client’s Details
Name :
                                                     - 307 -
     adopted for design of Liner (pipe) :
                                                 - 308 -
                        Technical Schedule 7.6 – Bidder’s Track Record
Bidder shall submit the details of successfully completed rehabilitation works carried out
during last 07 years using trenchless technology for non man entry sewers using any
technology and / or proposed technology for the purpose of technical evaluations in the
following Proforma as per submittal 7.6.
The data submitted shall be substantiated with the relevant work orders and completion
certificated issued,
    Sr.   Name of       Name of the   Size of the sewer       Length of the    Rehabilitation   Copy of Work
 No.      the project    Employer       Rehabilitated            sewer        Technology used     Order &
                                                              rehabilitated                     Completion
                                                                                                 Certificate
                                                    - 309 -
                      TECHNICAL SCHEDULE - 7.7
Work Schedule
                                   - 310 -
                Technical Schedule 7.8 – Bidder’s Declaration
We,
  1. Confirm that if the proposed thickness of the liner as submitted in this Bid is
     found to be inadequate during the detailed design stages, the thickness
     required as per the design calculations shall be provided (subject to
     minimum thickness requirements) without any variation of bid price or
     substance of the Bid. If found to be adequate, the thickness will remain as
     that proposed in our bid.
  2. Confirm that all construction and physical site conditions for installing the
     liner have been understood and adequate provision in this Bid Price has
     been made to overcome such site conditions without any variation to the Bid
     Price or substance of the Bid
  3. Confirm that any conflict or ambiguity in the Bid Documents has been
     satisfactorily clarified by MCGM and that the documents have been
     understood and all works required for successful completion of the contract
     works have been identified and included in the Bid Price. No claim or
     variation of The Bid Price will be sought based on any conflicting clauses or
     ambiguity in these documents.
  4. Confirm that we will commit sufficient resources to complete the works in the
     stipulated Time for Completion.
Signed:
Title:
Date:
                                       - 311 -
8             Part 8 – TECHNICAL EVALUATION MATRIX
Particulars of marks which shall be accorded for technical evaluation are given below.
The minimum qualifying marks are 60. Bidders should note that the bids not
securing minimum qualifying marks (i.e. 60 Marks) shall be treated as non-responsive.
    Sr.
                                       Description                                 Marks
    No
          Total length of Non Man Entry        Up to 6000 m                    5
    1
          rehabilitation experience
                                               Above 6000 m up to 8000 m       8
          involving the bidded technique in                                                10
          last seven years executed by the
                                               Above 8000 m                    10
          bidder
          Total length of Non Man Entry        Up to 15000 m                   5
    2
          rehabilitation experience
                                               Above 15000 m up to 25000 m     7
          involving any technique in last                                                  10
          seven years executed by the
                                               Above 25000 m                   10
          bidder.
                                               Up to 5 years                   0
          Note : The key equipment set includes equipments like liner laying
          equipment, Curing equipment, Grouting equipment, etc. as may be
          required etc. for a particular technology.
          Proof of ownership is compulsory, Key Equipment Sets without
          proof of ownership will not be considered for evaluation.
                                               - 312 -
     Reduction in area of cross section of Above 13 up to 15%                2
8    host sewer by (for 800 mm dia.)       Above 10 up to 13%                3    5
                                              Equal to and below 10%         5
                                           Above 13 up to 15%                2
     Reduction in area of cross section of
                                           Above 10 up to 13%                3    5
9    host sewer by (for 900 mm dia.)
                                           Equal to and below 10%            5
     Note :- Reduction in cross sectional area above 15% is not
     allowed (for 600 mm,700mm,750mm,800mm & 900 mm dia.
     sewer) and the corresponding offer will be rejected out rightly
                                                 Up to 15 %                  1
     Percentage increase in Flow Capacity
     of rehabilitated sewer (600 mm dia.)        Above 15 up to 25%          2
10                                                                                3
     (Bidders shall submit detail calculation
     for increase in flow capacity)              Above 25%                   3
                                                 Above 7 upto 10             5
     Relative weight loss of liner material
15                                               Above 4 upto 7              7    10
     (As per values given in WRc manual)
                                                 Equal to and below 4        10
                                          - 313 -
                                                     No Excavation /
                                                     Breaking of top portion
                                                     of manhole or at bedding    5
                                                     or benching, required for
                                                     Pipe/Liner insertion
                                                     Laying of discrete
                                                     pipes/liners with
                                                                                 1
                                                     interlocking
                                                     arrangement
                                                     Laying of continuous
 17   Liner type                                     liner/pipe with             3    5
                                                     interlocking strips
                                                     Laying of continuous
                                                     liner/pipe (non discrete
                                                                                 5
                                                     pipe, without
                                                     interlocking)
                                                     Laying of discrete
                                                     pipes/liners with
                                                     interlocking
                                                     arrangement or Laying
                                                                                 1
                                                     of continuous liner/pipe
                                                     (non discrete pipe), at a
                                                     stretch less than 30
                                                     Mtrs.
                                                     Laying of continuous
                                                     liner/pipe (non discrete
 18   Ability to lay continuous liner / pipe                                     2    5
                                                     pipe), at a stretch of 30
                                                     to 60 Mtrs.
                                                     Laying of continuous
                                                     liner/pipe (non discrete
                                                                                 3
                                                     pipe), at a stretch of 60
                                                     to 90 Mtrs.
                                                     Laying of continuous
                                                     liner/pipe (non discrete
                                                                                 5
                                                     pipe), at a stretch of 90
                                                     Mtrs. and above
                                                         Technical Score :           100
Note: Bidders are requested to note that any false information submitted for technical
            evaluation matrix will lead to rejection of proposal out rightly.
                                               - 314 -
9          Part 9 – Notes on Pricing
9.1 Documents
The Bill of Quantities shall be read in conjunction with the Instructions to Bidders,
General Conditions of Contract, Technical Specifications, Drawings, Appendix and
Addendum, etc.
i)    The item descriptions in the Bill of Quantities are only basic to enable the
      Contractor to identify the actual work described in the Specification and shown on
      the Drawings. General directions and description of the work and materials are
      not necessarily repeated nor summarized in the Bill of Quantities. References to
      the relevant sections of the contract documents shall be made before entering
      prices against each item in the Bill of Quantities.
ii)   Unless the description of the item in the Bill of Quantities makes a specific
      promise of payment of the work described, no payment shall be made in respect
      of any work described in the contract or for any action which is required to be
      carried out during execution of work, for which apparently no corresponding item
      is included in the Bill of Quantities.
i)    Notwithstanding any limits which may be implied by the wording of the individual
      items and the explanations in this Preamble, the prices entered in the Bill of
      Quantities (“the Contract Rates”) shall, except as may be otherwise expressly
      provided in the Contract, be deemed to cover all incidental and contingent
      expenses, contractor’s liabilities and obligations and all matters and things
      necessary for the proper construction and completion of the Works and
      maintenance of Permanent Works as specified or reasonably to be inferred from
      the Contract.
ii)   The whole cost of complying with the provisions of the Contract shall be included
      in the Items provided in the priced Bills of Quantities, and where no Items are
                                               - 315 -
       provided, the cost shall be deemed to be covered or distributed among the rates
       and prices entered for the related Items of Work.
iii)   The rates and prices bid in the priced Bill of Quantities shall, except insofar as it is
       otherwise provided under the Contract, include, but not limited to, cover all site
       costs, site supervision and overhead charges and all costs, charges and
       expenditure whatsoever including but not by way of limitation, for all
       constructional plant, labour, supervision, materials, wastage of materials,
       storage, packing, carriage and cartage, hoisting, scaffolding, plank trestles,
       battens erection, maintenance, insurance and maintenance (other than as
       included in the Bills of Quantity), profit, taxes and duties, together with all general
       risks, liabilities, and obligations set out or implied in the Contract.
iv)    The quantities for work and materials stated in the Bill of Quantities are not to be
       considered as limiting or extending the amount of work to be done or material to
       be supplied by the Contractor.
v)     The Contractor shall include in his rates for restricted and constricted working
       space he may be encountering at the locations of the Works and affording
       reasonable facilities to other Contractors working on the same site or along the
       routes of the pipelines and sewers and for any interference with his work from
       these Contract operations.
vi)    BOQ is prepared on the basis of treated water quality required and open to all
       technologies, hence bidders are requested to quote for all required civil,
       mechanical, electrical & instrumentation works which are required for their
       proposed technology to meet the ultimate goal of treated water quality required.
i)     Before the award of the contract the Contractor shall furnish breakdown of rates
       for all items of composite units of work in the Bills of Quantities into their
       component elements to the Engineer, as may be required.
                                             - 316 -
ii)   The Contractor shall also when directed by the Engineer during the Contract
      Period, submit detailed supplementary schedule of rates, breaking down the
      rates for composite units of work in the Bill of Quantities into their component
      elements in such detail as may be required by the Engineer.
The rates and prices entered in the priced Bill of Quantities shall include for covering
up and protecting work against damage for all following operations, making good of
damage, if any, to completed and uncompleted Work due to any cause whatsoever,
for shifting, altering and adapting such protection as may be required and for clearing
away at completion.
All the measurements shall be taken jointly by the Contractor and authorised
representative of the Engineer. All the necessary help required to carry out
measurements shall be provided by the contractor to the representative of the
Engineer. The Contractor shall maintain records of all the activities related to the work
and obtain signature of the Municipal site supervisor in the daily progress register.
                                         - 317 -
9.8      Currency
All rates shall be stated in Indian Rupees (INR). All rates shall be quoted to the nearest
Rupee.
Except where expressly shown to the contrary the metric system of weights and
measures shall apply throughout the contract. The following abbreviations are used.
                                          - 318 -
10         Part 10 – Payment Schedules
The following payment conditions shall be read along with GCC clause no. 12 -
Payment, Tax & Claims.
Sub Clause 12(b) - (iii) stands deleted
      The payment schedule for each item shall be as follows-
                                              - 319 -
                thoroughly as required for successful rehabilitation of
                the sewers under scope of work.
  10       After Desilting CCTV survey
           a)   After successful completion of CCTV Survey                        90% At actual
           b)   After successful completion of entire project                     10% At actual
  11       Dimension Checking
           a)   After successful completion of work of Dimensional Check          90% At actual
           b)   After successful completion of entire project                     10% At actual
  12       Taking pits for accessing sewer lines
           a)   After successful excavation of pit for accessing the sewer line   50% At actual
                under execution
           b)   After successful reinstatement of road surface                    40% At Actual
           c)   After successful completion of entire project                     10% At Actual
   13,     Design, Manufacture, Supply & Deliver at site structural
14,15,16   liner
  &17
           Note :- Interim payment of B.O.Q. item no. 13, 14, 15, 16 & 17 will
           be admissible only when the liner of quantity as mentioned in
           interim payment are successfully installed as per BOQ item no.
           18, 19, 20, 21 & 22 respectively. Accordingly, payment of only
           installed liners shall be made on actual basis. No partial payment
           towards supply and delivery of the liner is admissible
           a) After successful supply and installation of liner                   90% At actual
           b) After successful completion of entire project                       10% At actual
 18, 19,   Installation of structural liner
20, 21 &
   22
           a) After successful installation of liner for the sewer under          90% At actual
              execution
           b) After successful completion of entire project                       10% At Actual
  23       Diverting body connection to the nearest manhole
           a) After successful diversion of body connections of the sewer         90% At actual
              under execution to the nearest manhole
           b) After successful completion of entire project                       10% At Actual
  24       Manhole Repairs
           a) After successful repairs to manholes on sewer line under            90% At actual
              execution
           b) After successful completion of entire project                       10% At Actual
  25       Construction of manholes
           a) After successful construction of manholes on sewer line under       90% At actual
                                              - 320 -
             execution
          b) After successful completion of entire project                        10% At Actual
  26       After rehabilitation CCTV survey
          a)   After successful completion of CCTV Survey                         90% At actual
          b)   After successful completion of entire project                      10% At actual
11 Part 11 – Penalty
     Following penalties shall be applicable for not complying with the time schedule of the
     activities of the work as mentioned below.
                                             - 321 -
                        SELECTION OF MATERIAL
1.   All materials brought on the site of work and meant to be used in the same, shall
     be the best of their respective kinds and to the approval of the Engineer. The
     Engineer or his representative will accept that the materials are really the best
     of their kinds, when it is proved beyond doubt that no better materials of the
     particular kind in question are available in the market.
2.   The contractor shall obtain the approval of the Engineer of samples of all
     materials to be used in the works and shall deposit these samples with him
     before placing an order for the materials with the suppliers. The materials
     brought on the works shall conform in every respect to their approved samples.
     Fresh samples shall be deposited with the Engineer whenever the type or
     source of any material changes.
4.   The Engineer will have the option to have any of the materials tested to find out
     whether they are in accordance with the Specifications and the Contractor will
     bear all expenses for such testing. All bills, vouchers and test certificates, which
     in the opinion of the Engineer or his representative are necessary to convince
     him as to the quality of the materials or their suitability shall be produced for his
     inspection when required.
5.   Any materials that have not been found to conform to the specifications will be
     rejected forthwith and shall be removed from the site by the contractor at his
     own cost within 24 hours.
6.   The Engineer shall have power to cause the Contractors to purchase and use
     such materials from any particular source, as may in his opinion be necessary
     for the proper execution of the work.
      Notwithstanding the source, the sand shall be washed using sand washing
      machine before use.
                                          - 322 -
   SECTION 12
   FRAUD AND
CORRUPT PRACTICES
       - 323 -
                  FRAUD AND CORRUPT PRACTICES
    The Applicants and their respective officers, employees, agents and advisers
     shall observe the highest standard of ethics during the Bidding Process.
     Notwithstanding anything to the contrary contained herein, the Authority may
     reject an Application without being liable in any manner whatsoever to the
     Applicant if it determines that the Applicant has, directly or indirectly or through
     an agent, engaged in corrupt practice, fraudulent practice, coercive practice,
     undesirable practice or restrictive practice in the Bidding Process.
    For the purposes of this Clause, the following terms shall have the meaning
     hereinafter respectively assigned to them:
                                         - 324 -
     save and except as permitted under the relevant sub clause, engaging in
     any manner whatsoever, whether during the Bidding Process or after the issue
     of the LOA or after the execution of the Concession Agreement, as the case
     may be, any person in respect of any matter relating to the Project or the LOA or
     the Concession Agreement, who at any time has been or is a legal, financial or
     technical adviser of the Authority in relation to any matter concerning the
     Project;
                                         - 325 -
For the purposes of this Sub-Clause:
viii. “party” refers to a public official; the terms “benefit” and “obligation” relate
       to the procurement process or contract execution; and the “act or
                                         - 326 -
      omission” is intended to influence the procurement process or contract
      execution.
                                    - 327 -
  SECTION 13
      - 328 -
                               PREBID MEETING
       During the course of Pre-bid meeting, the Applicants will be free to seek
clarifications and make suggestions for consideration of the Authority. The Authority
shall Endeavour to provide clarifications and such further information as it may, in its
sole discretion, consider appropriate for facilitating a fair, transparent and competitive
Bidding Process.
                                          - 329 -
      SECTION 14
          - 330 -
                        LIST OF APPROVED BANKS
1.   The following Banks with their branches in Greater Mumbai and in suburbs and
     extended suburbs up to Virar and Kalyan have been approved only for the
     purpose of accepting Banker’s guarantee from 1997-98 onwards until further
     instructions.
                                          - 331 -
16    Indian Overseas Bank.
17    Oriental Bank Of Commerce.
18    Punjab National Bank.
19    Punjab & Sindh Bank.
20    Syndicate Bank.
21    Union Bank Of India.
22    United Bank Of India.
23    UCO Bank.
24    Vijaya Bank.
24A   Corporation Bank.
C     Scheduled Commercial Banks
25    Bank Of Madura Ltd.
26    Bank Of Rajasthan Ltd.
27    Banaras State Bank Ltd.
28    Bharat Overseas Bank Ltd
29    Catholic Syrian Bank Ltd.
30    City Union Bank Ltd.
31    Development Credit Bank.
32    Dhanalakshmi Bank Ltd.
33    Federal Bank Ltd.
34    Indsind Bank Ltd.
35    I.C.I.C.I Banking Corporation Ltd.
36    Global Trust Bank Ltd.
37    Jammu & Kashmir Bank Ltd.
38    Karnataka Bank Ltd.
39    KarurVysya Bank Ltd.
40    Laxmi Vilas Bank Ltd.
41    Nedugundi Bank Ltd.
42    Ratnakar Bank Ltd.
43    Sangli Bank Ltd.
44    South Indian Bank Ltd.
45    S.B.I Corporation &Int Bank Ltd.
                                   - 332 -
46   Tamilnadu Mercantile Bank Ltd.
47   United Western Bank Ltd.
48   Vysya Bank Ltd.
D    Schedule Urban Co-op Banks
49   Abhyudaya Co-op Bank Ltd.
50   Bassein Catholic Co-op Bank Ltd.
51   Bharat Co-op Bank Ltd.
52   Bombay Mercantile Co-op Bank Ltd.
53   Cosmos Co-op Bank Ltd.
54   Greater Mumbai Co-op Bank Ltd.
55   JanataSahakari Bank Ltd.
56   Mumbai District Central Co-op Bank Ltd.
57   Maharashtra State Co-op Bank Ltd.
58   New India Co-op Bank Ltd.
59   North Canara G.S.B. Co-op Bank Ltd.
60   Rupee Co-op Bank Ltd.
61   Sangli Urban Co-op Bank Ltd.
62   Saraswat Co-op Bank Ltd.
63   ShamraoVithal Co-op Bank Ltd.
64   Mahanagar Co-op Bank Ltd.
65   Citizen Bank Ltd.
66   Yes Bank Ltd.
E    Foreign Banks
67   ABM AMRO (N.Y.) Bank.
68   American Express Bank Ltd.
69   ANZ Grindlays Bank Ltd.
70   Bank Of America N.T. & S.A.
71   Bank Of Tokyo Ltd.
72   Bankindosuez.
73   BanqueNationale de Paris.
74   Barclays bank.
75   City Bank N.A.
                                   - 333 -
76   Hongkong& Shanghai banking Corporation.
77   Mitsui Taiyokbe Bank Ltd.
78   Standard Chartered Bank.
79   Cho Hung Bank.
                                 - 334 -
SECTION 15
APPENDIX
    - 335 -
                                        FORM OF TENDER
To,
The Municipal Commissioner for Greater Mumbai
Sir,
       I/ We have read and examined the following documents relating to the construction
of _________________________________________________________________________
___________________________________________________________________________
1B.    I/We do hereby state and declare that I/We, whose names are given herein below in
details with the addresses, have not filled in this tender under any other name or under the
name of any other establishment /firm or otherwise, nor are we in any way related or
concerned with the establishment /firm or any other person, who have filled in the tender for
the aforesaid work.”
                                              - 336 -
2.      I/We hereby tender for the execution of the works referred to in the aforesaid
documents, upon the terms and conditions, contained or referred to therein and in
accordance with the specifications designs, drawings and other relevant details in all respects.
* At the rates entered in the aforesaid Bill of Quantities and Rates.
4.      I/We hereby request you not to enter into a contract with any other person/s for   the
execution of the works until notice of non/acceptance of this tender has first been
communicated to me/us, and in consideration of yours agreeing to refrain from so doing I/we
agree not to withdraw the offer constituted by this tender before the date of communication to
me/us of such notice of non/acceptance, which date shall be not later than ten days from the
date of the decision of the Standing Committee or Education Committee of the Corporation, as
maybe required under the Mumbai Municipal Corporation Act, not to accept this
tender.(Subject to condition 5 below).
5.      I/We also agree to keep this tender open for acceptance for a period of 180 daysfrom the
date fixed for opening the same and not to make any modifications in        its   terms     and
conditions which are not acceptable to the Corporation.
6.      I/We agree that the Corporation shall, without prejudice to any other right or remedy,
be at liberty to forfeit the said earnest money absolutely, if.
7.      I/We hereby further agree to pay all the charges of whatsoever nature in connection
with the preparation, stamping and execution of the said contract.
8.      I/We further agree that, I/we shall register ourselves as ‘Employer’ with the Bombay
Iron and Steel Labour Board’ and fulfill all the obligatory provisions of Maharashtra Mathadi,
Hamal and other Manual workers (Regulation of Employment and Welfare) Act 1969 and the
Bombay Iron and Steel unprotected workers Scheme 1970.
                                               - 337 -
9. “I/We………………………………………….…….. have failed in the accompanying
tender with full knowledge of liabilities and, therefore, we will not raise any objection or
dispute in any manner relating to any action, including forfeiture of deposit and blacklisting,
for giving any information, which is found to be incorrect and against the instructions and
directions given in this tender.
10.    “I/We further agree and undertake that in the event it is revealed subsequently after the
allotment of work/contract to me/us, that any information given by me/us in this tender is
false or incorrect, I/We shall compensate the Municipal Corporation of Greater Mumbai for
any such losses or inconvenience caused to the Corporation in any manner and will not resist
any claim for such compensation on any ground whatsoever. I/we agree and undertake that
I/we shall not claim in such case any amount by way of damages or compensation for
cancellation of the contract given to me/us or any work assigned to me/us or is withdrawn by
the Corporation,”
                                              1.……………………………………………….
                                              2.……………………………………………….
                                              3.……………………………………………….
                                              4.……………………………………………….
                                              5.……………………………………………….
Full Name and private residential address of all the partners constituting the Firm
                                             - 338 -
                                      AGREEMENT FORM
                             Tender / Quotation          dated ……………. 20…
1) In this agreement words and expressions shall have the same meanings as are respectively
   assigned to them in the General Conditions of Contract for works hereinafter referred
   to:-
2) The following documents shall be deemed to form and be read and constructed as a part of
   this agreement viz.
                                                       - 339 -
3) In consideration of the payments to be made by the Commissioner to the contractor as
   hereinafter mentioned the contractor hereby covenants with the Commissioner to
   construct, complete and maintain the works in conformity in all respects with the provision
   of the contract.
     IN WITNESS WHERE OF the parties hereto have caused their respective common
     seals to be herein to affixed (or have hereunto set their respective hands and seals) the
     day and year above written.
2. 2.
                                                                      - 340 -
                                                      ANNEXURE '' A ''
4. Time Period :
5.    Percentage to be charged as supervision charges for the work got executed through other
      means …….percent.
      The “Actual cost of the work” shall mean in the case of percentage rate contracts the actual
      cost of the work executed at the rates as mentioned in the Contract Schedule adjusted by the
      Contractor's percentage rate and cost of extra and excess, but excluding the cost on account
      of Water Charges and Sewerage Charges if any, payable by the contractor and also
      excluding cost on account of price variation claims as provided in price variation clause
      as amended up to date.
                                                                       - 341 -
6.   In case of item rate contracts the actual cost calculated for the work executed at the rates
     mentioned in the contract schedule for different items including cost of excess and extra
     items of the work excluding the cost of water charges and sewerage charges if any, payable
     by the contractor and excluding cost on account of price variation claims as provided in
     extra excess conditions as amended up to date.
7.   In case of lump sum contract the cost of the work actually carried out as per break up and
     programme of the work and the schedule of payment included in the contract including cost
     of any excess and/or extra items, of the work, excluding the cost on account of water
     charges and sewerage charges and also excluding cost on account of price variation claims
     as provided in extra excess conditions as amended up to date.
                                              - 342 -
                                     Annexure- B
                         PRE-CONTRACT INTEGRITY PACT
The Bidder commits himself to take all measures necessary to        prevent corrupt practices,
unfair means and illegal activities during any stage of his bid or during any pre-contract or
post-contract stage in order to secure the contract or in furtherance to secure it and in
particular commits himself to the following:-
1.   The Bidder will not offer, directly or through intermediaries, any bribe, gift,
     consideration, reward, favour, any material or immaterial benefit or other advantage,
     commission, fees, brokerage or inducement to any official of the MCGM, connected
     directly or indirectly with the bidding process, or to any person, organization or third
     party related to the contract in exchange for any advantage in the bidding, evaluation,
     contracting and implementation of the Contract.
2.   The Bidder further undertakes that he has not given, offered or promised to give,
     directly or indirectly any bribe, gift, consideration, reward, favour, any material or
     immaterial benefit or other advantage, commission, fees, brokerage or inducement to
     any official of the MCGM or otherwise in procuring the Contract or forbearing to do or
     having done any act in relation to the obtaining or execution of the Contract or any other
     Contract with the Government for showing or forbearing to show favour or disfavour to
     any person in relation to the Contract or any other Contract with the Government.
3.   The Bidder will not collude with other parties interested in the contract to impair
     the transparency, fairness and progress of the bidding process, bid evaluation,
     contracting and implementation of the contract.
4.   The Bidder will not accept any advantage in exchange for any corrupt practice, unfair
     means and illegal activities.
5.   The Bidder, either while presenting the bid or during pre-contract negotiations or
     before signing the contract, shall disclose any payments he has made, is committed to
     or intends to make to officials of the MCGM or their family members, agents,
     brokers or any other intermediaries in connection with the contract and the details of
     services agreed upon for such payments.
                                            - 343 -
6.   The Bidder shall not use improperly, for purposes of competition or personal gain, or
     pass on to others, any information provided by the MCGM as part of the business
     relationship, regarding plans, technical proposals and business details, including
     information contained in any electronic data carrier. The Bidder also undertakes to
     exercise due and adequate care lest any such information is divulged.
7.   The Bidder commits to refrain from giving any complaint directly or through any other
     manner without supporting it with full and verifiable facts.
8.   The Bidder shall not instigate or cause to instigate any third person to commit any of the
     actions mentioned above.
9.   The Bidder and their respective officers, employees, agents and advisers shall observe the
     highest standard of ethics during the Bidding Process. Notwithstanding anything to the
     contrary contained herein, the Authority may reject an Application without being liable
     in any manner whatsoever to the Applicant if it determines that the Applicant has,
     directly or indirectly or through an agent, engaged in corrupt practice, fraudulent
     practice, coercive practice, undesirable practice or restrictive practice in the Bidding
     Process
     For the purposes of this Clause 9, the following terms shall have the meaning herein after
     respectively assigned to them:
     iii. “undesirable practice” means (i) establishing contact with any person connected with
        or employed or engaged by the Authority with the objective of canvassing, lobbying
        or in any manner influencing or attempting to influence the Bidding Process; or (ii)
        having a Conflict of Interest; and
Signature of Tenderer/Bidder
                                             - 344 -
                                           Annexure- C
                                      (On Rs. 500/- Stamp Paper)
                         DECLARATION CUM INDEMNITY BOND
3.   I declare that I have perused and examined the tender document including addendum,
     condition of contract, specifications, drawings, bill of quantity etc. forming part of tender
     and accordingly, I submit my offer to execute the work as per tender documents at the rates
     quoted by me in capacity as ______________ of ___________.
4.   I further declare that if I am allotted the work and I failed to carry out the allotted work in
     accordance with the terms and conditions and within the time prescribed and specified,
     MCGM is entitled to carry out the work allotted to me by any other means at my risk and
     cost, at any stage of the contract.
5.   I also declare that I will not claim any charge/damages/compensation for non availability of
     site for the contract work at any time.
6.   I declare that I will positively make the arrangements of the required equipment on the day
     of commencement or with respect to the progress of the work in phases, as per the
     instructions of site in charge
Signature of Tenderer/Bidder
                                                - 345 -
  BANKERS GURANTEE IN LIEU OF CONTRACT DEPOSIT
                                                    - 346 -
WITHNESSES that in consideration of the premises, the Bank at the request of the
consultants (hereby testified) UNDERTAKES WITH the commissioner to pay to the
commissioner upon demand in writing , whenever required by him , from time to time , so to
do , a sum not exceeding in the whole Rs._____________(Rupees___________________)
under the terms of the said tender and /or the contract .The B.G. Is valid up to
________”Notwithstanding anything what has been stated above, our liability under the
above guarantee is restricted to Rs.___________ only and guarantee shall remain in force
up to ____________ unless the demand or claim under this guarantee is made on us in
writing on or before __________all your right under the above guarantee shall be
forfeited and we shall be released from all liabilities under the guarantee thereafter”
IN WITNESS WHEREOF
                                .......................................................             Manager
Name and address
address .......................................................
have here into set their respective hands the day and year first above written.
The amount shall be inserted by the Guarantor, representing the Contract Deposit in
Indian Rupees.
                                                                    - 347 -
                                                        Annexure-D
                                                          Rate Analysis
                                                                - 348 -
                                        Annexure-E
                                  Undertaking for best price
(As per circular u/no. DMC / CPD / OD / 15 Dtd. 06.05.2013 , to be uploaded in folder ‘A’)
(On stamp paper of Rs. 500/- duly notarized by notary with red seal and registration number)
To,
The Municipal Commissioner
For the Municipal Corporation of Greater Mumbai
Sir ,
“ I / We do hereby further undertake that, we have offered the best prices for the subject supply
/ work as per the present market rates. Further , we do here by undertake and commit that
we have not offered / supplied the subject product / similar product / system or sub
system in the past one year in the Maharashtra State for quantity variation upto - 50%
or + 10 % at a price lower than that offered in the present tender to any other outside
agencies including Govt. / Semi Govt. agencies and within the MCGM also. Further, we
have filled in the accompanying tender with full knowledge of the above liabilities and
therefore we will not raise any objection or dispute in any manner relating to any action,
including forfeiture of deposit and blacklisting , for giving any information which is found to
be incorrect and against the instructions and directions given in this behalf in this tender.
             I / We further agree and undertake that in the event it is revealed subsequently after
the allotment of work / contract to me / us , that any information given by me / us in this tender
                                                - 349 -
is false or incorrect , I / We shall compensate the Municipal Corporation of Greater Mumbai for
any such losses or inconvenience caused to the Corporation in any manner and will not resist
any claim for such compensation on any ground whatsoever , I / We agree and undertake that I
/ We shall not claim in such case any amount , by way of damages or compensation for
cancellation of the contract given to me / us or any work assigned to me / us or is withdrawn by
the Corporation.”
                                              - 350 -
                                        Annexure - F
Signature of authorized
Person of concern/company
Name of concern/company
and seal
                                           - 351 -
                                          Annexure-G
                                              - 352 -
                                     Annexure –H
Whereas the Municipal Corporation of Greater Mumbai (MCGM) has invited bids for
__________________________________________________                   (name     of    the
work).Whereas,                                     M/s__________________________,
M/s__________________________           and    M/s_____________________________
(the respective names of the members of the Joint Venture along with address of their
registered offices)have formed a Joint Venture and are interested in bidding for the
above mentioned work in accordance with the terms and conditions of the
tender/contract and Whereas, it is necessary for the partners of the Joint Venture to
designate one of them as the Lead Partner with all necessary power and authority to
do for and on behalf of the Joint Venture, all acts, deeds and things as may be
necessary in connection with the Joint Venture’s bid.
                                         - 353 -
We here by agree to ratify all acts, deeds and things lawfully done by Lead Partner our
said attorney pursuant to this Power of Attorney and that all acts, deeds and things
done by our afore said attorney.
[Executants(s)]
Note:-
The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants and when it is so required the same should be under common seal affixed
in accordance with the required procedure.
Also wherever required, the executants should submit for verification the extract of the
charter documents and documents such as resolution/ Power of attorney in favour of
the person executing this Power of attorney for the designation of power here under on
behalf of the Joint Venture.
                                         - 354 -
      2. POWER OF ATTORNEY TO A PERSON FOR SIGNING OF PROPOSAL
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our
aforesaid attorney shall and shall always be deemed to have been done by us.
For
(Signature)
(Name, Title and Address)
Accept
…………….…. (Signature)
(Name , Title and Address of the Attorney)
Notes:
i. To be executed by the Lead Partner in case of a Joint Venture.
ii. The mode of execution of Power of Attorney should be in accordance with the
    procedure, if any, laid down by the applicable law and the charter documents of the
    executants and when it is so required the same should be under common seal
    affixed in accordance with the required procedure
Also, wherever required, the executants should submit for verification the extract of the
charter documents and documents such as a resolution / Power of attorney in favour
of the Person executing this Power of Attorney for the delegation of power hereunder
on behalf of the executants.
                                         - 355 -
                     3. BOARD RESOLUTION FOR COMPANIES
“RESOLVED THAT approval of the Board be and is hereby granted to join the Joint
Venture with___________________________, _________________________ and
_____________________________            (name and address of the members of the
Joint Venture)       for   submission              of        bid    to        MCGM   for
______________________________________________ (name of the work)
“RESOLVED THAT approval of the Board be and is hereby granted to join the Joint
Venture with___________________________, _________________________ and
_____________________________            (name and address of the members of the
Joint Venture)       for      submission                of    bid        to     MCGMfor
___________________________________________________ (name of the work)
                                         - 356 -
                                 4. LETTER OF COMMITMENT
Date:
Place:
To
The Municipal Commissioner
Municipal Corporation of Greater Mumbai
Dear Sir,
All subsequent communications between MCGM and the Joint Venture, represented
by _______________________(name of the Lead Partner in case of a Joint Venture);
                                              - 357 -
We      have     satisfied   ourselves   regarding   our   role   in   the   MOU.     If
______________________________ (name of the Joint Venture) is awarded the
work/contract, we shall perform our role as outlined in the bid documents to the best of
our abilities.
The nature of our legal relationship with the Lead Partner of the Joint Venture, is
specified in the bid documents, as per the requirements stated in the bid Documents.
We therefore request MCGM to consider our strengths, our experience, and our track
record as specified in the bid documents pursuant to the conditions specified in the
bid, for the purposes of evaluation.
We understand that no change in the partnership in the joint venture, in the role and
form of responsibility of any partner shall be permitted after submission of the bid. If
any change in partnership of the joint venture is done it would adversely affect the
same.
Signature
                                          - 358 -
                           5. JOINT VENTURE SUMMARY
Planning
Construction
Equipment
Key Personnel
Execution of Work
(Give details on
contribution of each)
                                            - 359 -
                                           Annexure – I
   Project
Name of the                                                Ward                Zone
  Road
Hard copy CCTV inspection sheets to be maintained for each stretch between consecutive manholes
for known manholes. In case of buried manholes appropriate noting shall be made.
The inspection length may differ from the real length.
Surveyed by:
                                                 - 360 -
Annexure –J : TYPICAL MANHOLE RECORD SHEET (NIS SHEET)
                         - 361 -
                                           Annexure –K
Date:
Project:
Client: Contractor:
                                                - 362 -
   Activity                        Detail                  Checked/Present    Checked By
                                                                              (Name, Sign, Date)
Driver’s Name
Driver instructed
   Driver must be instructed to be in the vehicle & be alert till the entire duration of the confined
   space activity.
   Driver must be instructed NOT to keep his mobile busy during the entire duration of the confined
   space activity.
Others ()
Ventilation System
Monitor Occupied
   The values observed must be within safe limits during all the time while working in
   confined space
                                                 - 363 -
Isolation of the Confined Space
Plugging
Stanching
   Harmful Substance
   Present
   Warning Signs/Notices/
   Appliances in place
   Manhole Opened at
   (Time)
   Manhole properly
   barricaded
Chemical Checks
Gas Monitor
Gas mask
Breathing Apparatus
Safety Shoes
                                                - 364 -
   Equipment                      Status (Y/N)             Quantity     Checked By
                                                                        (Name, Sign, Date)
Protective Clothing
Communication Device
Rescue Equipment
Ventilation Equipment
Any Other
No Smoking Warnings
Any other
                                                 - 365 -
          Name                Age     Medically     Time of     Time      Vaccination   Emergency
    Sr.
                              (yrs)      Fit        Entry       of Exit   status        Contact No.
    No.
                                      (Yes/No)
    WORKER MUST NOT be allowed to enter in the confined space without validating
    Vaccination status.
    No underage person shall be permitted to work on site under any circumstances.
Attendance:
This is to certify that the team entering in confined space is trained & briefed to work in the
confined space and this confined space is safe for entry and carrying out of the task.
Supervisor (Name, Signature & time) Safety Officer (Name, Signature Date & time)
                                              - 366 -
This is to certify that all the persons entered in the confined space have come out of the
confined space as of _______ (time) and no further entry is required at this point of time.
Supervisor (Name, Signature & time) Safety Officer (Name, Signature, Date & time)
NOTE : Confined Space Entry permit shall be maintained on site with the Contractor and the Engineer’s
representative. Copy of this entry permit shall be sent to the Engineer electronically before
commencement of the next day.
                                               - 367 -
                                         Sr. No.
Client:
                                                                                          Dates :
                         Stretch From MH __ to MH___ (in mtr.)
                                                                                                                         Project:
                                  Stretch Length (in m)
          Attendance :
                         Temporary or permanent plugging
                                                                                                    Name of the Road :
Desilting
- 368 -
                            Dimension / Measurement
                                                                                                                                                               Annexure –L
                                 Start
                                                             Lining
                                 End
                                                          Installation
                                 Start
                                                                                                                                    TYPICAL PROCESS CONTROL SHEET
                                                         space
                                                        annular
                                 End
                                                       Grouting of
                                                                         Date & Time of
                                 Start
                                                                                                    Nearest Landmark :
                                 End
                                                            MH Repairs
                                                          Remarks
                                    Annexure - M
Tax :
        G.S.T and other state levies/cess which are not subsumed under GST will be
applicable. The tenderer shall quote inclusive of all taxed. It is clearly understood that MCGM
will not bear any additional liability towards payment of any Taxes & Duties.
        Wherever the services to be provided by the Tenderers fall under Reverse Charge
Mechanism, the Price quoted shall be exclusive of GST, but inclusive of Taxes/ Duties/ Cess
other than GST, if any.
        The Tenderer shall mandatorily upload the information of applicable tax in the
pro-forma as enclosed under ‘Special Annexure-I’ given below in ‘C’ folder, wherein the
tenderer shall indicate in the tabular format, all the applicable taxes and their percentages and
the tax amount considered while quoting the tender.
        Rates accepted by MCGM shall hold good till completion of work and no additional
individual claim shall be admissible on account of fluctuations in market rates; increase in
taxes/ any other levies/tolls etc. except that payment/recovery for overall market situation shall
be made as per price Variation.
Chapter-XXI –Miscellaneous, section 171(1) of GST Act, 2017 governs the ‘Anti
Profiteering Measure’ (APM)
As per the provision of this section, ‘Any reduction in rate of tax on any supply of
goods or services or the benefit of input tax credit shall be passed on to the recipient
by way of commensurate reduction in prices’.
Accordingly, the contractor should pass on the complete benefit accruing to him on
account of reduced tax rate or additional input tax credit , to M.C.G.M.
Further, all the provisions of GST Act will be applicable to the tender.
                                              - 369 -
                                       SPECIAL ANNEXURE - I
…………………………………………………………………………………………………..
TOTAL
                                                  - 370 -
                                       PROFORMAS:
PROFORMA- I
The list of similar works as stated in para ‘A’ of Post qualification during last Seven
years-
                                       PROFORMA- I
Sr.No. Name of the Project Name of the          Stipulated       Actual date Actual Cost of
                               employer              date of         of        work done
                                               completion        completion
  1              2                 3                   4             5              6
NOTE:
a. Scanned Attested copies of completion/performance certificates from the
   Engineer-in-Charge for each work should be annexed in the support of
   information furnished in the above proforma.
b. Works shall be grouped financial year-wise.
PROFORMA- II
                                       PROFORMA- II
                         Annual Turnover
 Sr.                                           Updated value         Average of         Page
         Financial year of Civil Engineering
 No.                                           to current year       last 3 years       No.
                              Works
  1
  2
  3
Total
NOTE: The above figures shall tally with the audited balance sheets uploaded by the
tenderers duly certified by Chartered Accountant.
                                           - 371 -
                                      PROFORMA- III
                                         PROFORMA- III
                                                                                       Remarks
                                                                            Actual    explaining
 Name      Name of    Cost of    Date of is-     Stipulated    Actual
                                                                            cost of    reasons
  of the      the       the     sue of work       Date of      Date of
                                                                             work          for
 Project   Employer   Project        Order      Completion Completion
                                                                             done       delay, if
                                                                                           any
      1        2         3               4             5         6             7            8
PERSONNEL
PROFORMA- IV
                                         PROFORMA- IV
           Post               Name             Qualification             Work Experience
Sr.
                       (Prime Candidate                                             Name of the
No.                                                             No. of Years
                          / Alternate)                                                Project
 1
 2
3.
                                             - 372 -
                      MACHINERY: (for special work only)
PROFORMA- V/A
                                 PROFORMA- V/A
                                                          Owned/Leased/Assured
  Sr.No.         Equipment                Number
                                                                  access
    1                 2                          3                  4
PROFORMA- V/B
                                 PROFORMA- V/B
  Sr.No.          Equipment                 Number                 Owned
    1                 2                              3                  4
Note: The tenderer(s) shall furnish/upload the requisite Scanned Attested documents
of ownership/leased of machineries. The undertaking from the suppliers will not be
accepted.
PROFORMA - VI / A
                                       - 373 -
                                     PROFORMA - VI / B
Note: Scanned Attested copies of certificates from the Engineer-in-charge for each work
shall be annexed.
                                      PROFORMA- VII
PROFORMA – VII
                                                                                 Remarks
   Other Party                            Cause of
                         Employer                         Amount involved     showing Present
    (/Parties)                            Dispute
                                                                                  Status.
1 2 3 4 5
                                             - 374 -
                                     PROFORMA VIII
 Memorandum of Understanding between Manufacturer & Authorised Representative
                        (On stamp paper of Rs. 500/- duly notarized)
Sub :- …………………………………………………………………………………
………………………………………………………………………………….
AND
                                            - 375 -
     (Here Authorised Representative shall mention their detailed roles and
     responsibility)
4.   The manufacturer undertakes to make uninterrupted supply of liners required for the
     said project as per the schedule of the work and to provide all necessary technical
     support and after sales service during the entire contract period and thereafter.
5.   In case Manufacturer / authorised representative fails to execute their obligation and
     responsibility as mentioned above or anywhere in the tender, M.C.G.M. have right to
     blacklist the manufacturer / authorised representative for non performance.
Witness :
1)   ______________________________
2)   ______________________________
3)   ______________________________
4)   ______________________________
                                           - 376 -
SECTION – 16
DRAWINGS
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