e-Tender Document

FOR

Rehabilitation of Bhandup WWTF - Treatment of Sewage Water by

Bioremediation Technology.

Tender ID : 2025_MCGM_1191395_1

Website: https://mahatenders.gov.in

Office of the:-
Executive Engineer Mech.(Sewerage) Eastern Suburbs,
Old Ghatkopar Pumping Station,
Near Shopper’s Stop Ghatkopar-Mahul Rd.,
Ghatkopar (East), MUMBAI 400-089

Prepared By Checked By Approved By

Sd/- Sd/- Sd/- Sd/-

A.E.Mech.(Sew.)E.S. E.E.Mech.(Sew.)E.S. Dy.Ch.E.(S.O.)E.S. Ch.E.(S.O.)

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 INDEX
SECTION DESCRIPTION PAGE NO.

1 E-TENDER NOTICE 3-7

2 ELIGIBILITY CRITERIA 8-11

3 DISCLAIMER 12-14

4 INTRODUCTION 15-16

5 E-TENDER ONLINE SUBMISSION PROCESS 17-22

6 INSTRUCTIONS TO APPLICANTS 23-48

7 SCOPE OF WORK 49-50

8 BILL OF QUANTITIES 51-52

9 GENERAL CONDITIONS OF CONTRACT 53-119

10 SPECIAL INSTRUCTIONS TO BIDDERS 120-123

11 SPECIFICATIONS 124-146

12 FRAUD AND CORRUPT PRACTICES 147-150

13 PRE-BID MEETING 151-152

14 LIST OF APPROVED BANKS 153-156

15 APPENDIX AND PROFORMA 157-233

16 EXISTING SITE PLAN 234-235

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 SECTION 1
E-TENDER NOTICE

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 BRIHANMUMBAI MUNICIPAL CORPORATION
Chief Engineer (Sewerage Operations)
Tender ID.- 2025_MCGM_1191395_1
E-TENDER NOTICE
Subject: Rehabilitation of Bhandup WWTF - Treatment of Sewage Water by
Bioremediation Technology.

The Brihanmumbai Municipal Corporation invites e-tender on Item Rate Basis to appoint
Contractor for the aforementioned work from contractors of repute, multidisciplinary engineering
organizations i.e. eminent firm, Proprietary/Partnership Firms / Private Limited Companies / Public
Limited Companies / Companies registered under the Indian Companies Act 2013, the contractors
registered with the Brihanmumbai Municipal Corporation in ‘Class A’ as per new registration and from
the contractors / firms of equivalent or superior classes registered in Central or State Government /
Semi Govt. Organization / Central or State Public Sector Undertakings will be allowed subject to
condition that, the contractors who are not registered with Brihanmumbai Municipal Corporation will
have to apply for registering their firm within three month time period from the award of contract,
otherwise their Bid Security i.e. E.M.D (Earnest Money Deposit) will be forfeited / recovered and an
amount equal to Registration Fee of respective class will be recovered as penalty.

The tender document can be downloaded from e-procurement system of Government of

Maharashtra (Mahatenders portal) (https://mahatenders.gov.in)

Bidder shall pay Tender fee of Rs. 18,150/- + 18% GST mentioned in header data as per the
Circular no. CA/FRG/17 dated 17.03.2025 and CA/FRG/10 dated 19.10.2023 annexed in the tender
document.

Bidding Process will comprise of THREE stages.

Name and location of work Contract period

Rehabilitation of Bhandup WWTF - Treatment of Sewage Water by 01 years (Inclusive of all

Bioremediation Technology. seasonal conditions.)

In terms of the 3 stage system of e-tendering, a Bidder will be required to deposit, along with its
Bid, an Earnest Money Deposit of Rs. 17,13,000/- (Rupees Seventeen Lacs Thirteen Thousand Only) (the
"EMD"), refundable in accordance to the relevant clause of bid document, from the Bid Due Date, except
in the case of the selected Bidder whose Bid Security/EMD shall be retained.

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 The bidder shall pay 100% of the EMD amount of Rs. 17,13,000/- (Rupees Seventeen Lacs
Thirteen Thousand Only) through payment gateways of GoM on URL https://mahatender.gov.in while
submitting the bids. The e-tender is available on e-procurement system of Government of Maharashtra
Mahatenders portal https://mahatenders.gov.in as mentioned in the Header Data of the tender.

As per THREE Packet systems, the document for Packet ‘A’&‘B’ is to be uploaded online by the
bidder in Cover Type ‘Fee/Pre-Qual/Technical’ and Price Packet ‘C’ is to be uploaded in Cover Type
‘Finance’. Packet ‘A’, ‘B’ and ’C’ shall be opened on dates as mentioned in header data. All the responsive
and eligible bidders if they so wish can be present at the time of opening of bids, in the office of Deputy
Chief Engineer (Sewerage Operations) Eastern Suburb. The Price Packet ‘C’ (Cover Type ‘Finance’) shall be
opened if bids submission in Packet ‘A’ &‘B’ satisfies/includes all the requirements and the same are
found acceptable to the Authority.

The Municipal Commissioner reserves the right to reject all or any of the e- tender(s) without
assigning any reasons at any stage.

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 e-procurement system of Government of
Maharashtra Mahatenders portal (https://mahatenders.gov.in)

The Applicants interested for the above referred works may contact the office of Executive
Engineer (Sewerage Operations) Eastern Suburb at the following address on any working day during office
hours.

Office of-
Executive Engineer Mech.(Sewerage) Eastern Suburbs,
Old Ghatkopar Pumping Station,
Near Shopper’s Stop Ghatkopar-Mahul Road,
Ghatkopar (E), Mumbai 400-089
eemechses.so@mcgm.gov.in

The applicants may wish to visit the above office and can collect the information of the present
status from the department who have invited the bids.

The BMC 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 e-procurement system of Government of Maharashtra (Mahatenders)
(https://mahatenders.gov.in)

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 Bidders are also advised to refer “Bidders Manual Kit” available at e-Procurement System
Government of Maharashtra ( https://mahatenders.gov.in ) for further details about login credentials and
e-tendering process. For any help, in the e-Tendering process, can be availed by dialing help-desk number
022-22046934/22837339 from 11.30 AM to 5.00 PM on all working days. Email: support-eproc@nic.in

Sd/-
Deputy Chief Engineer
(Sewerage Operations) Eastern Suburb

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 HEADER DATA
Tender ID Tender ID- 2025_MCGM_1191395_1
Name of Organization Brihanmumbai Municipal Corporation
Subject Rehabilitation of Bhandup WWTF - Treatment of Sewage Water
by Bioremediation Technology.
Estimated Cost Not Applicable (Item Rate Tender)
Tender Fee Rs.18,150.00+ 18% GST.
Bid Security Deposit/EMD Rs.17,13,000/-
Date of issue and sale of 23.06.2025 from 11:00 Hrs
tender
Date of Pre-Bid Meeting 01.07.2025 at 11:00 Hrs. under the Chairmanship of Ch.E.(SO) at
1st Floor, Engineering Hub Building, Dr. E’Mozes Road, Worli,
Mumbai – 400 018.
Last date & time for sale 14.07.2025 up to 16:00 Hrs
of tender
Last date & time for 14.07.2025 up to 16:00 Hrs
Receipt of Bid Security
Deposit/EMD
Submission of Packet A, 14.07.2025 up to 16:00 Hrs
B &Packet C (Online)
Opening of Packet A 15.07.2025 after 16:00 Hrs
Opening of Packet B 15.07.2025 after 16:00 Hrs
Opening of Packet C After Evaluation of Packet A and B
Address for Executive Engineer Mech.(Sewerage) Eastern Suburbs,
communication Old Ghatkopar Pumping Station,
Near Shopper’s Stop Ghatkopar-Mahul Road,
Ghatkopar (E), Mumbai 400-089
Email- eemechses.so@mcgm.gov.in
Venue for opening of bid On line in Executive Engineer Mechanical (Sewerage) E. Subs’s
office.
This tender document is not transferable.
The Brihanmumbai Municipal Corporation reserves the rights to accept any of the
application or reject any or all the application received for above subject without assigning
any reason thereof.
Sd/-
Deputy Chief Engineer
(Sewerage Operations) Eastern Suburb

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 SECTION 2
ELIGIBILITY CRITERIA

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A) Eligibility Criteria

1. For Original and New Construction Works

1.1. Technical Capacity-

i. The tenderer shall be the Manufacturer / Authorized Manufacturer of the microbial

product which they intend to offer for the subject work with manufacturing facility in
India.

AND

ii. The tenderer (s) in their own name should have satisfactorily executed the work of
similar nature in BMC / 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 or currently executing three works of similar

nature each of capacity not less than 35 MLD.
Or
b) Two similar completed works or currently executing two works of similar
nature each of capacity not less than 46 MLD.
Or
c) One completed work or currently executing one work of similar nature of
aggregate capacity not less than 70 MLD.

In case of ongoing works to be considered, the bidder must have received the
payment bills of 80% of the contract sum for the work / works executed last day of
the month previous to the one in which bids are invited.

1.2. Financial Capacity –

Achieved an average annual financial turnover as certified by ‘Chartered Accountant’

equal to Rs. 5.14 Crore in last three (3) financial years immediately preceding the
financial year in which bids are invited.

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  To ascertain this, tenderer(s) shall furnish / upload the financial statement (Audited
Balance sheet) duly certified by Chartered Accountant.

 The turnover can be enhanced by 10% every year to bring the present level.

1.3. Similar Experience:

For assessing the technical capacity; Similar work shall mean, the completed or ongoing
works in respect of “Treatment of concentrated sewage in drains /concentrated sewage
in Ponds / STPs in respect of reduction in BOD, COD, TSS and pH levels by
Bioremediation Technology for continuous one year (12 months) inclusive of all
seasonal conditions.”

B) Bid Capacity:

The bid capacity of the prospective bidders will be calculated as under: 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.

N= Number of years prescribed for completion of the Project/Works, excluding

monsoon period, for which these bids are being invited. (E.g. 7 months = 7/12
year) For every intervening monsoon 0.33 shall be added to N.

B= Value of existing commitments (only allotted works) on the last date of

submission of bids as per bidding document and on-going works to be
completed during the period of completion of the Project/Works for which
these bids are being invited.

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.

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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 or financial failures etc.

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SECTION 3
DISCLAIMER

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 DISCLAIMER
The information contained in this e-tender document or provided to Applicant(s),
whether verbally or in documentary or any other form, by or on behalf of the
Brihanmumbai Municipal Corporation (BMC), hereafter also referred as “The Authority",
or any of its employees or advisors, is provided to Applicant(s) on the terms and
conditions set out in this e-tender and such other terms and conditions subject to which
such information is provided.

This e-tender includes statements, which reflect various assumptions and assessments
arrived at by the Brihanmumbai Municipal Corporation (BMC) in relation to the Project.
Such assumptions, assessments and statements do not purport to contain all the
information that each Applicant may require. This e-tender may not be appropriate for
all persons, and it is not possible for the Brihanmumbai Municipal Corporation (BMC), its
employees or advisors to consider the investment objectives, financial situation and
particular needs of each party who reads or uses this e-tender. The assumptions,
assessments, statements and information contained in this e-tender may not be
complete, accurate, adequate or correct. Each Applicant should therefore, conduct its
own investigations and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments, statements and information
contained in this e-tender and obtain independent advice from appropriate sources.

Information provided in this e-tender to the Applicant(s) is on a wide range of matters,

some of which may depend upon interpretation of law. The information given is not
intended to be an exhaustive account of statutory requirements and should not be
regarded as a complete or authoritative statement of law. The Brihanmumbai Municipal
Corporation (BMC) accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on law expressed here.

The Brihanmumbai Municipal Corporation(BMC), its employees and advisors make no

representation or warranty and shall have no liability to any person, including any applicant
or Bidder, under any law, statute, rules or regulations or tort, principles of restitution
or unjust enrichment or otherwise for any loss, damages, cost or expense which may

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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 Brihanmumbai Municipal
Corporation (BMC) 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 Brihanmumbai Municipal Corporation (BMC) 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 Brihanmumbai Municipal Corporation
(BMC) 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
Brihanmumbai Municipal Corporation (BMC) 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 Brihanmumbai Municipal Corporation (BMC) 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 Brihanmumbai Municipal Corporation(BMC) 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.

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 SECTION 4
INTRODUCTION

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 INTRODUCTION
1. Background:

The Brihanmumbai Municipal Corporation covers an area of 437.71 sq.kms . The

metropolis accounts major portion of India’s international trade and government’s
revenue, from being one of the foremost centers of education, science and
technological research and advancement.

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 Brihanmumbai Municipal
Corporation, hereafter called the “Corporation”, the primary agency responsible for
urban governance in Greater Mumbai.

Brihanmumbai Municipal Corporation (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, Brihanmumbai Municipal Corporation 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 Brihanmumbai Municipal Corporation
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.

Brihanmumbai Municipal Corporation is an organization having different

departments, right from engineering depts. to health depts. Moreover we have
other dept. like education, market, fire brigade dept., Octroi and other such
departments where quite a good number of staff members are working.

Brihanmumbai Municipal Corporation 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.

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 SECTION 5
E-TENDERING ONLINE
SUBMISSION PROCESS

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 E-TENDERING ONLINE SUBMISSION PROCESS

The terminology of e-Tendering is solely depending upon policies in existence, guidelines

and methodology adopted since decades. The e-Procurement System of Government of
Maharashtra (Mahaternders) is only change in process of accepting and evaluation of
tenders.

NOTE: This tendering process is covered under Information Technology ACT & Cyber Laws
as applicable

I. In e-tendering process some of the terms and its definitions are to be read as under
wherever it reflects in online tendering process.
Start Date read as “Sale Date”
End Date read as “Submission Date”
Supplier read as “Contractor/bidder”
Vendor read as “Contractor/bidder”
Vendor Quotation read as “Contractors Bid/Offer”
Purchaser read as “Department/BMC”

II. Before entering into the online tendering process, the bidders shall complete the
registration process so as to get user ID for e-tendering links. For this the bidders can
access through supply registration via e-procurement system of Government of
Maharashtra (Mahatenders) i.e. http://mahatenders.gov.in
Interested bidders shall follow the manuals available on Mahatenders portal i.e.
http://mahatenders.gov.in
III. E-Tendering Process
1. Tender Forms can be downloaded from e - Procurement system of Government of
Maharashtra i.e. http://mahatenders.gov.in after entering the details of payment
toward Tender Fees as per the Header Data / tender notice.

2. The tender submitted by the tenderer shall be based on clarification, additional

facility issued (if any) by the BMC, and this tender shall be unconditional. Conditional
tenders will be summarily REJECTED.

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3. All tenderers are cautioned that the tenders containing any deviation, from
the contractual terms and conditions, specifications or other requirements, and
conditional tenders will be rejected as non- responsive.

4. Tenderer should have valid class III digital signature certificates (DSC) obtained from
any certifying Authorities. In case of requirements of DSC, interested Bidders should
go to http://mahatenders.gov.in, information about DSC and follow the procedure
mentioned in the document. Procedure for application of "Digital Signature
Certificate".

5. Bidder should do Online Enrolment in e-procurement portal of Government of

Maharashtra i.e. https://mahatenders.gov.in using the option Click Here to Enroll
available in the Home Page. Then the Digital Signature enrolment has to be done with
the e -token, after logging into the portal. The e-token may be obtained from one
of the authorized Certifying Authorities such as e-Mudhra CA /GNFC IDRBT MTNL
Trustline /Safe Script /TCS.

6. Bidder then logs into the portal giving user id / password chosen during enrolment.

7. The e-token that is registered should be used by the bidder and should not be misused
by others.

8. DSC once mapped to an account cannot be remapped to any other account. It can
only be inactivated.

9. The Bidders can update well in advance, the documents such as certificates,
purchase order details etc., under My Documents option and these can be
selected as per tender requirements and then attached along with bid
documents during bid submission. This will ensure lesser upload of bid documents.

10.After downloading / getting the tender schedules, the Bidder should go through
them carefully and then submit the documents as per the tender document,
otherwise, the bid will be rejected.

11.The BOQ template must not be modified/replaced by the bidder and the same
should be uploaded after filling the relevant columns, else the bidder is liable to

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 be rejected for that tender. Bidders are allowed to enter the Bidder Name and
Values only.

12.If there are any clarifications, this may be obtained online through the e-Procurement
Portal, or through the contact details given in the tender document. Bidder should
take into account of the corrigendum published before submitting the bids online.

13.Bidder, in advance, should prepare the bid documents to be submitted as indicated in

the Header Data and they should be in PDF/XLS/RAR/DW F formats. If there is more
than one document, they can be clubbed together.

14.Bidder should arrange for the EMD as specified in the tender.

15.The bidder reads the terms and conditions and accepts the same to proceed further to
submit the bids.

16.The bidder has to submit the tender document (s) online well in advance before the
prescribed time to avoid any delay or problem during the bid submission process.

17.There is no limit on the size of the file uploaded at the server end. However, the
upload is decided on the Memory available at the Client System as well as the
Network bandwidth available at the client side at that point of time. In order to reduce
the file size, bidders are suggested to scan the documents in 75-100 DPI so that the
clarity is maintained and also the size of file also gets reduced. This will help in quick
uploading even at very low bandwidth speeds

18.It is important to note that, the bidder has to Click on the Freeze Bid Button, to
ensure that he/she completes the Bid Submission Process. Bids which are not
frozen are considered as Incomplete /Invalid bids and are not considered for
evaluation purposes.

19.The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or
the difficulties faced during the submission of bids online by the bidders due to local
issues.

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20.The bidder may submit the bid documents online mode only, through this
portal. Offline documents will not be handled through this system.

21.At the time of freezing the bid, the e-Procurement system will give a successful
bid updating message after uploading all the bid documents submitted and then a
bid summary will be shown with the bid no, date & time of submission of the
bid with all other relevant details. The documents submitted by the bidders will
be digitally signed using the e-token of the bidder and then submitted.

22.After the bid submission, the bid summary has to be printed and kept as an
acknowledgement as a token of the submission of the bid. The bid summary will act as
a proof of bid submission for a tender floated and will also act as an entry point to
participate in the bid opening event.

23.Successful bid submission from the system means, the bids as uploaded by
the bidder is received and stored in the system. System does not certify for its
correctness.

24.The bidder should see that the bid documents submitted should be free from
virus and if the documents could not be opened, due to virus, during tender
opening, the bid is liable to be rejected.

25.The time that is displayed from the server clock at the top of the tender Portal, will be
valid for all actions of requesting bid submission, bid opening etc., in the e-
Procurement portal. The Time followed in this portal is as per Indian Standard Time
(IST) which is GMT+5:30. The bidders should adhere to this time during bid
submission.

26.All the data being entered by the bidders would be encrypted at the client end, and
the software uses PKI encryption techniques to ensure the secrecy of the data. The
data entered will not be viewable by unauthorized persons during bid submission and
not viewable by any one until the time of bid opening. Overall, the submitted bid
documents become readable only after the tender opening by the authorized
individual.

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 27.During transmission of bid document, the confidentiality of the bids is
maintained since the data is transferred over secured Socket Layer (SSL) with
256 bit encryption technology. Data encryption of sensitive fields is also done.

28.The bidders are requested to submit the bids through online e-Procurement system to
the TIA well before the bid submission end date and time (as per Server System Clock).

29.Bidder Manual Kit available on website https://mahatenders.gov.in for online

payment of Tender Fee and EMD, submission of tender Packet ‘A’, ‘B’ and ‘C’, etc.

IV. As per Three Packet system, the document for Techno-commercial Packet ‘A’ & ‘B’
are to be uploaded online by the bidder in Cover Type ‘Fee/PreQual/Technical’ and
Price Packet ‘C’ is to be uploaded in Cover Type ‘Finance’ by the tenderer under
‘Tender Covers’.
V. 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’
as per bidding schedule
VI. The e-tender is available on e-procurement system of Government of Maharashtra
(Mahatenders) i.e. http://mahatenders.gov.in. The tenders duly filled in should be
uploaded and submitted online on or before the end date of submission. The Packet
‘A’, Packet ‘B’ & Packet ‘C’ of the tenderer will be opened as per the time-table
shown in the Header Data in the office of Executive Engineer (Sewerage Operations)
planning & Construction).
VII. The Municipal Commissioner reserves the right to reject all or any of the e-Tender(s)
without assigning any reason at any stage. The dates and 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 e-procurement portal, Government of
Maharashtra i.e. https://mahatenders.gov.in

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 SECTION 6
INSTRUCTIONS TO APPLICANTS

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 INSTRUCTIONS TO APPLICANTS

 Scope of Application

The Authority wishes to receive Applications for Qualification in order to SELECT

experienced and capable Applicants for the Bid Stage.

A. Equipment Capabilities as required for this work

a) Regular and Routine works: (Not Applicable)

The successful bidder will 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. The successful bidder and, to that effect he will
ensure commitment on an undertaking on Rs. 500 stamp paper to be submitted
along with the Bid in Packet B. However, this condition in no way shall dilute the
respective condition in Registration Rules of BMC.

Note: Bidders shall submit the undertaking for equipment capability and other
undertakings as such on a single Rs. 500/- stamp paper.

b) New and Original Works :

The bidder should, undertake their own studies and furnish with their bid, a detailed
construction planning and methodology supported with assessment study of
requirements of equipment/plants & machineries to allow the employer to review
their proposal. The bidder will 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 submitted along with the Bid in Packet B.
However, this condition in no way shall dilute the respective condition in
Registration Rules of Brihanmumbai Municipal Corporation.

Note: Bidders shall submit the undertaking for equipment capability and other
undertakings as such on a single Rs. 500/- stamp paper.

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B. Technical Personnel

Number of Technical Staff required for successful execution of the work shall be
provided by the successful bidder. The details of required experienced technical
personnel and penalisation in case of failure in providing these experienced technical
personnel are as given but not limited to the followings.

Requirement of Technical Staff –

The system shall be monitored 24x7 throughout the contract period. The successful
contractor shall provide the following manpower - Technical, Supervising and
Monitoring Staff:

Sr. Manpower Qualification Nos.

No. Required
1 Technical Graduate / Post Graduate in 01
Environmental Science /
Engineering
2 Supervising Graduate in any field Min. 01
OR
As per the Methodology
submitted by the Bidder
3 Labour - Min. 01
OR
As per the Methodology
submitted by the Bidder

C. TIME PERIOD OF THE PROJECT:

Entire project should be completed and delivered within 01 years (365 Days) from
the date of award of contract inclusive of all seasonal conditions.

The contract period is of 1 year (12 months) inclusive of all seasonal conditions. The
actual contract period will start from the date of start of dosing of microbial product
at all site locations by the successful contractor. 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
dosing is started at all location as applicable by the Contractor. The work shall
throughout the stipulated period of the Contract be proceeded with all due diligence

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 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 - 84 of General Conditions of Contract.

The programme for completion of work shall be a part of the Contract Document in
the form of Bar Chart / GANTT Chart. The Contractor is supposed to carry out the
work and keep the progress as per Bar Chart/GANTT Chart. The Contractor shall
complete the work as per the Schedule given in the Contract and the
programme submitted by the Contractor.

D. 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
E. 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.
F. The amount of Security Deposit retained by the Brihanmumbai Municipal Corporation
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 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 Brihanmumbai Municipal Corporation shall be adjusted towards
the excess cost incurred by the Department on rectification work.
G. 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 instalments or in the case of

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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
Brihanmumbai Municipal Corporation -

(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 Brihanmumbai Municipal Corporation.

(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 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

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 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 Brihanmumbai
Municipal Corporation 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 Brihanmumbai Municipal Corporation
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.

H. 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

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his servants or agents through any public officer, or person in the employ of
Brihanmumbai Municipal Corporation /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 In-charge 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 Brihanmumbai
Municipal Corporation and the same consequences shall ensure as if the contract
had been rescinded under above clause J hereof; and in addition the contractor shall
not be entitled to recover or be paid for any work therefore actually performed
under the contract.

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 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’

a) Valid Registration Certificate.

b) Valid Bank Solvency Certificate (in Hindi / Marathi / English) of Minimum Solvency
amount of Rs. 8 Lakh as governed by Registration Rules in force for respective Class of
Contractor for M&E works from the scheduled / nationalized Bank in the name of firm
/ company granted not prior to twelve months of due date of tender.

c) A document in support of Registration under ‘Goods & Service Tax Act, 2017. Those
not registered shall submit an undertaking to the effect that if they are successful
tenderer, they shall submit GST Registration Certificate within 15 days of issue of work
order, failing which payment for the work executed will not be released.

d) Certified copies of valid 'PAN' documents and photographs of the individuals, owners,
Karta of Hindu undivided Family, firms, private limited companies, registered co-
operative societies, partners of partnership firms and at least two Directors, if number
of Directors are more than two in case of Private Limited Companies, as the case may
be. However, in case of Public Limited companies, Semi Government Undertakings,
Government Undertakings, no 'PAN' documents will be insisted

e) Latest Partnership Deed in case of Partnership firm duly registered with Chief
Accountant of BMC.

f) The registered power of attorney in the name of person submitting the bid duly
registered with Chief Accountant of BMC.

The bidders shall categorically provide their Email-ID in packet ‘A’.

NOTE:

i) If the tenderer(s) withdraw tender offer during the tender validity period, his entire
E.M.D shall be forfeited.

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ii) If it is found that the tenderer has not submitted required curable documents in
Packet “A” then, the shortfalls will be communicated to the tenderer through e-
mail only and compliance required to be made within a time period of Three
working days otherwise they will be treated as non-responsive.

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 &
Proforma - III) shall be supported by the certificate duly self-attested.

b) Annual financial turnover for preceding three financial years as certified by Chartered
Accountant preceding the Financial Year in which bids are invited. Copies of Applicants
duly audited balance sheet and profit and loss account for the preceding three
financial years preceding the Financial Year in which bids are invited. (Proforma - II).

c) Documents stating that, it has access to or has available liquid assets, unencumbered
assets, lines of credit and other financial means (independent of any contractual
advance payment) sufficient to meet the construction cash flow requirements for the
subject contract in the event of stoppage, start-up, or other delay in payment, of the
minimum 15% of the cost of the work tendered for, net of the tenderer's commitment
of other contracts (Certificate from Bankers / C.A./Financial Institution shall be
accepted as a evidence).

d) The bidder shall give undertaking on Rs 500/- stamp paper that it is his / their sole
responsibility to arrange the required machineries either owned/on lease or hire basis,
at site before start of the work.

i) Regular and Routine works: (Not Applicable)

The successful bidder shall 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

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 the instructions of site in charge. The successful bidder and, to that effect he will
ensure commitment on an undertaking on Rs.500 stamp paper to be submitted along
with the Bid in Packet B. However, this condition in no way shall dilute the respective
condition in Registration Rules of Brihanmumbai Municipal Corporation.

Note: Bidders shall submit the undertaking for equipment capability and other
undertakings as such on a single Rs. 500/- stamp paper

ii) New and Original Works:

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 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
Brihanmumbai Municipal Corporation.

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.

f) Information on Litigation History in prescribed Proforma –VII

g) Proforma IV- Personnel Details and Proforma V/A and V/B – Machinery

h) Statement showing assessed available Bid Capacity.

i) The undertaking of Rs.500/- stamp paper as per the proforma annexed in ‘Annexure B,
C & E and Status of Bidder as per ‘Annexure F’.

Note: Bidders shall submit the undertaking for equipment capability and other
undertakings as such on a single Rs.500/- stamp paper.

j) The tenderer(s) shall upload work plan as per the following outline:

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 1. GANTT chart/ PERT/ CPM chart showing the completion of work within prescribed
time period, considering major activities.

2. Organizational set up envisaged by the contractors.

3. Plant & equipment proposed to be deployed for this work.

4. Site Offices and Laboratories proposed to be set up.

5. A note on how the whole work will be carried out (work plan including
methodology).

6. Quality management plan.

7. All the activities included in the Scope of Work shall be covered in the work plan.

Note:
i) The Electrical / Mechanical work shall be got carried out by the civil contractors
through the contractors registered with Brihanmumbai Municipal Corporation 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.
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 Brihanmumbai
Municipal Corporation 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 as per 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
Brihanmumbai Municipal Corporation as and when demanded. In case if the

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 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:

 If it is found that the tenderer has not submitted required documents in Packet “B”
then, the shortfalls will be communicated to the tenderer through e-mail only and
compliance required to be made within a time period of Three working days
otherwise they will be treated as non-responsive.

PACKET – C

Interested bidders shall follow the manuals available on Mahatenders Portal

http://mahatenders.gov.in for submission of Price Packet ‘C’ in cover type ‘Finance’

The tenderer should quote and upload his offer through only bidding process in the form of
Bill of Quantity in terms of Item rates in Cover Type ‘Finance’ as per the guidelines provided
in Mahatenders portal. He should not quote his offer anywhere directly in Cover Type
‘Fee/PreQual/Technical’ ‘. The tenderer shall quote for the work as per details given in the
main tender and also based on the detailed common set of conditions issued / additional
stipulations made by the department as informed by BMC after Pre-Bid Meeting.

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 Executive Engineer / Deputy Chief Engineer. The format for
rate analysis is annexed at Annexure D.

BID SECURITY OR EMD

 The Bidder shall furnish, as part of the Bid, Bid Security/EMD, via online payment
gateway mode 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.

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 The bidder shall pay 100% of the EMD amount through payment gateways of GoM on
URL https://mahatender.gov.in while submitting the bids. The e-tender is available on e-
procurement system of Government of Maharashtra Mahatenders portal
https://mahatenders.gov.in as mentioned in the Header Data of the tender.

 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/EMD of the successful Bidder will be discharged when the Bidder
has signed the Agreement and furnished the required Security Deposits as mentioned
in circular issued by CA(F) u/n CA(F)/Project/32/ dtd.26.10.2020.

 The Bid Security/ EMD of L-2 and higher bidders (L-3, L-4, etc.) shall be refunded
immediately after opening of financial bid (as per circular CA/F/32 dtd. 26.10.2020)
and as per prevailing practice of NIC portal https://mahatender.gov.in

 In case, the successful bidder becomes non responsive or successful bidder

withdraws the bid or is unwilling to extend the bid validity period, in such
circumstances, if L-2 bidder is agreeable to extend the bid validity period and ready
to deposit the requisite amount of bid security /EMD to the department within the
stipulated time period i.e. 15 days, the department will process further as per
normal procedure as mentioned in circular issued by CA(F) u/n CA(F)/Project/32/
dtd.26.10.2020.

 The Bid Security may be forfeited:

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:
i. sign the Agreement; and/or
ii. Furnish the required Security Deposits.

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  The information of e-payment gateway is available on e-tendering website
https://mahatenders.gov.in.

Note:
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.

2. The bidder shall refer latest EMD circular for curable and non-curable defects
u/no.CA/Finance/19 dt.04.03.2024.

Note:
i. Curable Defect shall mean shortfalls in submission such as:
a. Non-submission of following documents,
i) Valid Registration Certificate
ii) Valid Bank Solvency
iii) GST Registration Certificate
iv) Certified Copies of PAN documents and photographs of individuals, owners,
etc.
v) Partnership Deed and any other documents
vi) Undertakings as mentioned in the tender document
b. Wrong calculation of Bid Capacity
c. No proper submission of experience certificates and other documents, etc.

ii. Non-curable Defect shall mean

i) In-adequate submission of EMD/ASD amount
ii) In-adequacy of technical and financial capacity with respect to Eligibility criteria as
stipulated in the tender.

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 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.
In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the bidders may extend the period of validity for a specified additional
period. The request and the bidders’ responses shall be made in writing or by cable. A
bidder may refuse the request without forfeiting his Bid Security. A bidder agreeing to
the request will not be required or permitted to modify his bid, but will be required to
extend the validity of his bid security for a period of the extension.

DEFECT LIABILITY PERIOD (Not Applicable)

 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 express 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 results 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

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 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.

 If defective work or workmanship or design have been knowingly covered-up

or conceived so as to 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.

 The Defect Liability Period (DLP) for the work – (Not Applicable)

 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 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

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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.

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 SECURITY DEPOSIT AND PERFOMANCE GUARANTEE

a) Security Deposit
The security deposit shall mean and comprise of
I) Contract Deposit and
II) Retention Money.

I) Contract Deposit - The successful tenderer, hereafter referred to as the

contractor shall pay an amount equal to two (2) percent of the contract sum as a
Contract Deposit within thirty days from the date of issue of letter of acceptance.

II) Retention Money (Not Applicable) - 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.

b) Additional Security Deposit (Not Applicable)

1. If the lowest bidder quotes rebate less than 12%, then the applicable additional
security deposit (ASD) at the rate of 1% for each percentage quoted below 12%
will not require to be paid online while submission of tender online.

2. After sanction/approval of competent authority to the contract cost, the lowest

bidder shall deposit ASD in the Municipal Citizen Facility Centres in the form of
Demand Draft as mentioned in Letter of Acceptance (LOA) within 15 working days
as per prevailing practice and the receipt of the same shall be submitted to Head
of the Department.

3. If the first lowest bidder will not paid ASD within 15 working days after issue of
LOA, then the EMD paid by the concerned company will be forfeited and the
company will be debarred for two years, similarly if the Director/Partner of the
company is also working in other company as a Director/Partner, then said
company will also be debarred for two years.

4. The ASD shall be paid as per the circular u/no. CA(Finance)/42 dated. 09.02.2021
annexed in tender document.

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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 of
rebate 0 to 12% 12%
For rebate of 12.01% and P.G. = {0.92% x contract sum
more applicable for 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 of the following forms.

I) Cash (In case guarantee amount is less than Rs.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 or in the prescribed form Annexed in tender document.

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
of 10% of contract sum be taken from the successful bidder on award of contract only.

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 Brihanmumbai Municipal Corporation departments shall ensure to incorporate
specific condition regarding above in bid document and e-tender notice.

d) Refund of Security Deposit

I. 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.

II. Refund of Retention Money (Not Applicable)

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 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.

III. Refund of Additional Security Deposit (Not Applicable)

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

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 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.

IV. 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 refunded after After Completion of

After 3 yrs of DLP
Completion DLP

ASD + 50% of RM CD+50% of RM PG

b) Time of Refund for works having 1 or 2 or 3 years DLP

Deposits refunded after completion After Completion of DLP

ASD + 50% of RM CD+50% of RM+PG

Note:

a) It shall be clearly mentioned that the BG shall be applicable for individual

work/contract and clubbing of various contracts of the said contractor will not be
allowed. In case of obtaining Bank Guarantee, it is necessary to mention that the
same shall be valid further 6 months from the completion of defect liability
period/ warranty period.

b) It shall be the responsibility of the bidder to keep the submitted B.G. “VALID” for the
stipulated time period in the tender & in case of its expiry it will attract penalization.

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c) Bank Guarantee should be issued by way of General Undertaking and Guarantee
issued on behalf of the Contractor by any of the Nationalized or Scheduled banks
or branches of foreign banks operating under Reserve Bank of India regulations
located in Mumbai upto Virar & Kalyan. List of approved Banks is appended at the
end of Instructions to Bidders (ITB). The Bank Guarantee issued by branches of
approved Banks beyond Kalyan and Virar can be accepted only of the said Bank
Guarantee is countersigned by the Manager of a Regional Branch of the same
bank within the Mumbai City Limit categorically endorsing thereon that the said
Bank Guarantee is binding on the endorsing Branch of the Bank or the Bank itself
within Mumbai Limits and is liable to be enforced against the said Branch of the
Bank or the bank itself in case of default by the Contractors furnishing the Bank
Guarantee. The Bank Guarantee shall be renewed as and when required and/or
directed from time to time until the Contractor has executed and completed the
works and remedied any defects therein.

e) Legal + Stationary Charges:

Successful tenderer shall pay the Legal Charges + Stationary charges as per Circular
No.26206 dated 31.08.2023 Annexed in the tender document or latest circular in this
regards.

The tenderers are requested to note that stationary charges as given in the circular
will be recovered from the successful tenderer for supply of requisite prescribed forms
for preparing certificate bills in respect of the work.

f) Stamp Duty: (As per latest applicable circular)

It shall be incumbent on the successful tenderer to pay stamp duty on the contract.

i. As per the provision made in Article 63, Schedule I of Bombay Stamp Act 1958,
stamp duty is payable for “works contract” that is to say, a contract for works and
labour or services involving transfer of property in goods (whether as goods or in
some other form) in its execution and includes a sub-contract, as under :

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 (a) Up to rupees Five lakhs. Five Hundred rupees stamp duty
(b) Above Rs. Five Lakhs up to Rs. Rs. 500 + 0.3% on the amount above
Ten Lakhs. Rs. 500/- Rs. Five Lakhs. Max. 25 Lakhs
(Five Hundred Rupees)
(c) Where it exceeds rupees ten Five hundred rupees plus 0.3% of the
lakhs amount above Rs. 5,00,000/- subject
to the maximum of rupees twenty five
lakh stamp duty.
(d) Bank guarantee: As per article 54 read with 40(b) of stamp duty act,
stamp duty of 0.5% will be applicable to the all bank guarantee submitted
also which are required to be renewed after expiry of time period.

ii. The successful bidder shall enter into a contract agreement with BMC 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.

iii. Further shortfall if any, in amount of stamp duty paid as against prescribed amount
for the documents executed in Mumbai City & Mumbai Suburban District be
recovered from the concerned work contractors and to deposit the deficit or
unpaid Stamp Duty and penalty by two separate Demand Draft or Pay Order in
favour of “Superintendent of Stamp, Mumbai” within 15 days from intimation
thereof.

iv. All legal charges and incidental expenses in this respect shall be borne and paid by
the successful tenderer.

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 IMPORTANT DIRECTIONS

1. All the information uploaded shall be supported by the corroborative documents in

absence of which the information uploaded will be considered as baseless and not
accepted for qualification criteria. All the documents shall be uploaded with proper
pagination. The page No. shall be properly mentioned in the relevant places.

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.

2. TENDERERS ARE REQUESTED TO GO THROUGH THE e- TENDER GUIDELINES ON NIC

PORTAL (https://mahatenders.gov.in). For registration, enrolment for digital
signature certificate & user manual, please refer to respective links provided in e-
tendering tab. The vendors can get digital signature from any one of the Certifying
Authorities (CA’s) licensed by the Controller of Certifying Authorities namely Safes
crypt, IDRBT, National Informatics Centre, TCS, Customs, MTNL, GNFC and e- Mudhra.

Any queries or request for additional information concerning this TENDER shall be
submitted by e-mail to eemechses.so@mcgm.gov.in. The subject shall clearly bear the
following identification/ title: "Queries/ Request for Additional Information: TENDER
for (Tender Subject). Any changes in mail ID will be intimated on the portal.

3. In case of Equal percentage of lowest bidders (L1), the allotment of work shall be
done by giving 48 hrs (2 working days) from the day of opening of packet C on same
BID-Document number for re-quoting and such development needs to done by IT
department in Brihanmumbai Municipal Corporation’s SRM system. Till such
development is made; ‘Sealed Bids’ shall be called from the bidders quoting the
same percentage i.e. L1.

In case of equal percentage of lowest bidders is obtained even after re-quoting, then
the successful bidder will be decided by lottery system by concerned Chief Engineer.

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 The bidder shall need to submit the additional ASD if applicable within 15 days after
receipt of notification issued by concerned Chief Engineer.

Also, the Performance Guarantee shall be paid in 15 days after receipt of Letter of
Acceptance.

4. Notwithstanding Joint Venture is not allowed in the instance tender.

5. GST and other state levies/cess which are not subsumed under GST will be
applicable. The tenderer shall quote inclusive of all taxes applicable at the time of
bid submission. It is clearly understood that BMC will not bear any additional liability
towards payment of any Taxes & Duties.

Wherever the services to be provided by the Tenderers, falls under Reverse Charge
Mechanism, the Price quoted shall be exclusive of GST, but inclusive of
Taxes/Duties/Cess other than GST, if any.

Rates accepted by BMC shall hold good till completion of work 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 and if there is any subsequent change (after submission of bid) in rate of
GST applicable on the work/services to be executed as per tender, i.e. any increase
will be reimbursed by BMC whereas any reduction in the rate of GST shall be passed
on to BMC as per the provisions of the GST Act.

6. Contract Labour (Regulation and Abolition) Act, 1970: (As per Circular CLO/4 dated
03.06.2004)

The provisions of this act are applicable to the establishment or contractor of

principle employer if they employ 50 or more contract labour or as per recent
government circular in this regard. The principal employer is required to take
Certificate of Registration and the Contractor is required to take a License from the
designated Officer as per the act. The Act provides for certain welfare measures to be
provided by law to contract labours by the contractor of Principal Employers.

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7. The bidders shall take cognizance of circular u/No. Dy.Ch.E./CPD/2025 dated.
01.09.2021. As per the circular the clause of ‘Grievance Redressal Mechanism’ will be
applicable for subject tender as annexed in Annexure ‘N’.

8. The G.C.C. of SBD document has been incorporated in the tender. In case of dispute
which could not be covered with the clauses of G.C.C. in SBD, however, covered in
the clauses of Standard General Condition of Contract uploaded on website of BMC,
the clauses of Standard G.C.C. will govern. Eventually, the decision of BMC will be
binding on the contractor.

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 SECTION 7
SCOPE OF WORK

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 SCOPE OF WORK

The instant work is proposed for treatment of sewage water at Bhandup WWTF by
Bioremediation technology to achieve the sewage effluent discharge parameters as
specified by hon’ble NGT. The average flow of Bhandup WWTF is around 115 MLD. The brief
scope of work includes following -

1. Determination of baseline values of inlet sewage parameter.

2. Treatment of sewage with Bioremediation Technology to achieve desired values of
outflow sewage parameters after treatment.
3. Supply of microbial product / bio-culture, allied material, dosing system and
deployment of required manpower, etc.
4. Provision of Electromechanical infrastructure required for the dosing of microbial /
bio-culture.
5. Periodic testing of the sewage samples before and after treatment from BMC Dadar
Laboratory or any other NABL accredited Laboratory approved by BMC.

The desired effluent parameters after treatment shall be as follows.

Sr. No. Parameter Desired Value (As per Hon’ble NGT Norms)
1 BOD3 27 (mg/l) Shall not exceed 10 mg/l
2 TSS (mg/l) Shall not exceed 20 mg/l
3 COD (mg/l) Shall not exceed 50 mg/l
4 pH 6.5 to 9

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 SECTION 8
BILL OF QUANTITIES

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 BRIHANMUMBAI MUNICIPAL CORPORATION

Subject - Rehabilitation of Bhandup WWTF - Treatment of Sewage Water by

Bioremediation Technology.

BILL OF QUANTITIES

Sr. No. Description of Item Qty Unit BASIC RATE In Applicable Total Total
Figures To be GST 18% Amount Amount
entered by the (Rs.) Excluding Including
Bidder
Taxes Taxes
(Rs.)
(Rs.) (Rs.)
1 Rehabilitation of 42,000 MIL (to be filled (Auto (Auto (Auto
Bhandup WWTF - online only) Calculated) Calculated) Calculated)
Treatment of Sewage (Million
Water by Liter)
Bioremediation
Technology –
For 1 year
Total Rs. in words

Note: To be Submitted Online in Cover Type ‘Financial’

- Basic Rate to be entered by the bidder is ‘Excluding all Taxes’.

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 SECTION 9

GENERAL CONDITIONS OF CONTRACT

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 General Conditions of Contract

A. General

1. Definitions

1.1. Terms which are defined in the Contract Data are not also defined in the Conditions
of Contract but keep their defined meanings. Capital initials are used to identify defined
terms.

The “Contract” shall mean the tender and acceptance thereof and the formal agreement
if any, executed between the Contractor, Commissioner and the Corporation together with
the documents referred to therein including these conditions and appendices and any
special conditions, the specifications, designs, drawings, price schedules, bills of quantities
and schedule of rates. All these documents taken together shall be deemed to form one
Contract and shall be complementary to one another.

The Contract Data defines the documents and other information which comprise the
Contract.

The “Contractor” shall mean the individual or firm or company whether incorporated or
not, whose tender has been accepted by the employer and the legal successor of the
individual or firm or company, but not (except with the consent of the Employer) any
assignee of such person.

The Bidder is a person or corporate body who has desired to submit Bid to carry out the
Works, including routine maintenance till the tender process is concluded.

The Contractor's Bid is the completed bidding document submitted by the Contractor
to the Employer.

The “Contract Sum” means the sum named in the letter of acceptance including
Physical contingencies subject to such addition thereto or deduction there-from as may
be made under the provisions hereinafter contained.

Note : The contract sum shall include the following -

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 In the case of percentage rate contracts the estimated value of works as mentioned in
the tender adjusted by the Contractor’s percentage.

 In the case of item rate contracts, the cost of the work arrived at after finalisation of
the quantities shown in schedule of items / quantities by the item rates quoted by the
tenderers for various items and summation of the extended cost of each item.

 In case of lump sum contract, the sum for which tender is accepted.

 Special discount / rebate / trade discount offered by the tenderer if any and
acceptedby the Corporation.

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

The “Contract Cost” means the Contract Sum plus Price Variation. This cost shall be
included in the letter of acceptance.

A Defect is any part of the Works not completed in accordance with the Contract.

The Defects Liability Certificate is the certificate issued by the Engineer, after the
Defect Liability Period has ended and upon correction of Defects by the Contractor.

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.

The Authority shall mean Brihanmumbai Municipal Corporation (BMC)

The “Employer” shall mean the Municipal Corporation for Greater Mumbai /
Municipal Commissioner for Greater Mumbai, for the time being holding the said
office and also his successors and shall also include all “Additional Municipal
Commissioners, Director (Engineering Services & Projects)” and the Deputy Municipal
Commissioner, to whom the powers of Municipal Commissioner, have been deputed
under Section 56 and 56B of the Mumbai Municipal Corporation Act.

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The Engineer in-charge shall mean the Executive Engineer in executive charge of the
works and shall include the superior officers of the Engineering department i.e. Dy.Ch.Eng./
Ch.Eng. and shall mean and include all the successors in Brihanmumbai Municipal
Corporation

The Engineer's Representative shall mean the Assistant Engineer, Sub. Engineer/Jr.
Engineer in direct charge of the works and shall include Sub Eng./ Jr. Eng of Civil section/
Mechanical section/ Electrical section appointed by Brihanmumbai Municipal Corporation.

The “Engineer” shall mean the City Engineer / the Hydraulic Engineer / the Chief Engineer
/ the Special Engineer, appointed for the time being or any other officer or officers of the
Municipal Corporation who may be authorized by the commissioner to carry out the
functions of the City Engineer / the Hydraulic Engineer / the Chief Engineer / the
Special Engineer or any other competent person appointed by the employer and
notified in writing to the Contractor to act in replacement of the Engineer from time to
time.

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 do not include plant material or other things intended to form or forming
part of the Permanent Works.

The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.

The Intended Completion Date is the date on which it is intended that the Contractor
shall complete the construction works. The Intended Completion Date is specified in the
Contract Data. The Intended Completion Date may be revised only by the Engineer by
issuing an extension of time.

Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works and works of routine maintenance.

Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function.

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Routine Maintenance is the maintenance of activities of the competed structure for five
years as specified in the Contract Data.

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.

Site Investigation Reports are those that were included in the bidding documents and are
reports about the surface and subsurface conditions at the Site.

“Specification” shall mean 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.

The Start Date/Commencement Date is given in the Contract Data. It is the date
when the Contractor shall commence execution of the Works. It does not necessarily
coincide with any of the Site Possession Dates.

A Nominated Sub-Contractor is a person or corporate body who has a Contract with

the Contractor to carry out a part of the construction work and/or routine maintenance in
the Contract, which includes work on the Site.

Temporary Works are works designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the Works.

Variation means a change to the:-

i) Specification and /or Drawings (if any) which is instructed by the Employer.

ii) Scope in the Contract which is instructed by the Employer.

iii) Price in the Contract which is instructed by the Employer.

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The Works, as defined in the Contract Data, are what the Contract requires the
Contractor to construct, install, maintain, and turn over to the Employer. Routine
maintenance is defined separately.

Jurisdiction: In case of any claim, dispute or difference arising in respect of a contract,

the cause of action thereof shall be deemed to have arisen in Mumbai and all legal
proceedings in respect of any claim, dispute or difference shall be instituted in a
competent court in the City of Mumbai only.

2. Interpretation

2.1. In interpreting these Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no significance.
Words have their normal meaning under the language of the Contract unless specifically
defined. The Engineer will provide instructions clarifying queries about these Conditions of
Contract.

2.2. If sectional completion is specified in the Contract Data, references in the

Conditions of Contract to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than references to the
Completion Date and Intended Completion Date for the whole of the Works).

2.3. The documents forming the Contract shall be interpreted in the following
documents: (1) Agreement, (2) Letter of Acceptance, (3) Notice to Proceed with the
Work , (4) Contractor's Bid, (5) Contract Data, (6) Special Conditions of Contract Part
(7) General Conditions of Contract Part I, (8) Specifications, (9) Drawings, (10) Bill of
Quantities, and (11) Any other document listed in the Contract Data.

3. Engineer's Decisions

3.1. Except where otherwise specifically stated, the Engineer will decide contractual
matters between the Employer and the Contractor in the role representing the Employer.
However, if the Engineer is required under the rules and regulations and orders of the
Employer to obtain prior approval of some other authorities for specific actions, he will
so obtain the approval, before communicating his decision to the Contractor.

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3.2. Except as expressly stated in the Contract, the Engineer shall not have any
authority to relieve the Contractor of any of his obligations under the contract.

4. Delegation

The Engineer, with the approval of the Employer, may delegate any of his duties and
responsibilities to other person(s), except to the Adjudicator, after notifying the
Contractor, and may cancel any delegation after notifying the Contractor.

5. Communications

All certificates, notices or instructions to be given to the Contractor by Employer/

Engineer
shall be sent on the address or contact details given by the Contractor of Bid. The
address and contact details for communication with the Employer/ Engineer shall be as
per the details given in Contract Data. Communications between parties that are referred
to in the conditions shall be in writing. The Notice sent by facsimile (fax) or other
electronic means shall be effective on confirmation of the transmission. The Notice
sent by Registered post or Speed post shall be effective on delivery or at the expiry of
the normal delivery period as undertaken by the postal service.

6. Subcontracting

6.1. 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.

6.2. The Contractor shall not be required to obtain any consent from the Employer
for:

a. the sub-contracting of any part of the Works for which the Subcontractor is
named in the Contract;
b. the provision for labour, or labour component.
c. the purchase of Materials which are in accordance with the standards
specified in the Contract.

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6.3. Beyond what has been stated in clauses 6.1 and 6.2, if the Contractor proposes
sub contracting any part of the work during execution of the Works, because of some
unforeseen circumstances to enable him to complete the Works as per terms of the
Contract, the Employer will consider the following before according approval:

a.The Contractor shall not sub-contract the whole of the Works.

b.The permitted subletting of work by the Contractor shall not establish any
contractual relationship between the sub-contractor and the Brihanmumbai
Municipal Corporation and shall not relieve the Contractor of any responsibility
under the Contract.

6.4. The Engineer should satisfy himself before recommending to the Employer
whether,
a. the circumstances warrant such sub-contracting; and
b. the sub-Contractor so proposed for the Work possesses the experience,
qualifications and equipment necessary for the job proposed to be entrusted to
him.
7. Other Contractors

7.1. The Contractor shall cooperate and share the Site with other Contractors, public
authorities, utilities, and the Employer between the dates given in the Schedule of
Other Contractors, as referred to in the Contract Data. The Contractor shall also
provide facilities and services for them as described in the Schedule. The Employer
may modify the Schedule of Other Contractors, and shall notify the Contractor of any
such modification.

7.2. The Contractor should take up the works in convenient reaches as decided by the
Engineer to ensure there is least hindrance to the smooth flow and safety of traffic
including movement of vehicles and equipment of other Contractors till the
completion of the Works.

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8. Personnel

8.1. The Contractor shall employ for the construction work and routine maintenance
the key personnel including technical personnel named in the Contract Data or other
personnel approved by the Engineer. The Engineer will approve any proposed
replacement of technical personnel only if their relevant qualifications and abilities are
substantially equal to those of the personnel stated in the Contract Data.

8.2. The Contractor’s personnel shall appropriately be qualified, skilled and

experienced in their respective trades or occupations. The Engineer shall have
authority to remove, or cause to be removed, any person employed on the site or
works, who carries out duties incompetently or negligently and persists in any conduct
which is prejudicial to safety, health or the protection of the environment.

8.3. If the Engineer asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall ensure that
the person leaves the Site within seven days and has no further connection with the
Works in the Contract.

8.4. The Contractor shall not employ any retired Gazetted officer who has worked in
the Engineering Department of the Brihanmumbai Municipal Corporation /State
Government and has either not completed two years after the date of retirement or
has not obtained Brihanmumbai Municipal Corporation /State Government’s
permission to employment with the Contractor.

9. Employer's and Contractor's Risks

9.1. The Employer carries the risks which this Contract states are Employer's risks, and
the Contractor carries the risks which this Contract states are Contractor's risks.

10. Employer's Risks

10.1. The Employer is responsible for the excepted risks which are (a) in so far as they
directly affect the execution of the Works in the Employer’s country, the risks of war,
invasion, act of foreign enemies, rebellion, revolution, insurrection or military or

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usurped power, civil war, riot, commotion or disorder (unless restricted to the
Contractor’s employees) and contamination from any nuclear fuel or nuclear waste or
radioactive toxic explosive, or (b) a cause due solely to the design of the Works, other
than the Contractor’s design.

11. Contractor's Risks

11.1. All risks of loss of or damage to physical property and of personal injury and
death which arise during and in consequence of the performance of the Contract other
than the excepted risks, referred to in clause 10.1, are the responsibility of the
Contractor.

12. Insurance

12.1. The Contractor at his cost shall provide, in the joint names of the Employer and
the Contractor, insurance cover from the Start Date to the end of Defects Liability
Period, in the amounts and deductibles stated in the Contract Data for the following events
which are due to the Contractor's risks:

a)Loss of or damage to the Works, Plant and Materials;

b)Loss of or damage to Equipment;
c)Loss of or damage to property (other than the Works, Plant, Materials, and
Equipment) in connection with the Contract; and
d)Personal injury or death.
12.2. Insurance policies and certificates for insurance shall be delivered by the
Contractor to the Engineer for the Engineer's approval on or before 30 days from the
date of acceptance of LOA or actual start date of work at site, whichever is earlier. All
such insurance shall provide for compensation to be payable in the types and
proportions of currencies required to rectify the loss or damage incurred.
12.3. Alterations to the terms of insurance shall not be made without the approval of
the Engineer.
12.4. Both parties shall comply with any conditions of the insurance policies.

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12.5. If the Contractor does not provide any of the policies and certificates required,
the Employer may affect the insurance which the Contractor should have provided and
recover the premiums the Employer has paid, from payments otherwise due to the
Contractor or if no payment is due, the payment of premiums shall be debt due.

13. Site Investigation Reports

13.1. The Contractor, in preparing the Bid, may rely, at his own risk, on any Site
Investigation Reports referred to in the Contract Data, supplemented by any other
information available to him, before submitting the bid.

14. Queries about the Contract Data

14.1. The Engineer will clarify queries on the Contract Data.

15. Contractor to Construct the Works and Undertake Maintenance (if specified in the
tender)

15.1. The Contractor shall construct, and install and maintain the Works in accordance
with the Specifications and Drawings and as per instructions of the Engineer.

15.2. The Contractor shall construct the works with intermediate technology, i.e., by
manual means with medium input of machinery required to ensure the quality of works
as per specifications. The Contractor shall deploy the equipment and machinery as
required in the contract.

15.3. The Contractor shall take all reasonable steps to protect the environment on and
off the Site and to avoid damage or nuisance to persons or to property of the public or
others resulting from pollution, noise or other causes arising as a consequence of his
methods of operation.

During continuance of the contract, the Contractor and his sub-contractors shall
abide at all times by all existing enactments on environmental protection and rules
made there under, regulations, notifications and byelaws of the State or Central
Government, or local authorities and any other law, bye-law, regulations that may be
passed or notification that may be issued in future by the State or Central

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Government or the local authority. Salient features of some of the major laws that
are applicable are given below:

 The Water (Prevention and Control of Pollution) Act, 1974, this provides for the
prevention and control of water pollution and the maintaining and restoring of
wholesomeness of water. ‘Pollution’ means such contamination
of water or such alteration of the physical, chemical or biological properties
of water or such discharge of any sewage or trade effluent or of any other
liquid, gaseous or solid substance into water (whether directly or indirectly)
as may, or is likely to, create a nuisance or render such water harmful or
injurious to public health or safety, or to domestic, commercial, industrial,
agricultural or other legitimate uses, or to the life and health of animals or
plants or of aquatic organisms.

 The Air (Prevention and Control of Pollution) Act, 1981, this provides for prevention,
control and abatement of air pollution. ‘Air Pollution’ means the presence in the
atmosphere of any ‘air pollutant’, which means any solid, liquid or gaseous
substance (including noise) present in the atmosphere in such concentration as may
be or tend to be injurious to human beings or other living creatures or plants or
property or environment.

 The Environment (Protection) Act, 1986, this provides for the protection and
improvement of environment and for matters connected therewith, and the
prevention of hazards to human beings, other living creatures, plants and
property. ‘Environment’ includes water, air and land and the interrelationship
which exists among and between water, air and land, and human beings, other living
creatures, plants, micro-organism and property.

 The Public Liability Insurance Act, 1991, This provides for public liability insurance
for the purpose of providing immediate relief to the persons affected by accident
occurring while handling hazardous substances and for matters connected herewith
or incidental thereto. Hazardous substance means any substance or preparation
which is defined as hazardous substance under the Environment (Protection) Act

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 1986, and exceeding such quantity as may be specified by notification by the
Central Government.

16. The Works and Routine Maintenance to be completed by the Intended Completion
Date

16.1. The Contractor may commence execution of the Works on the Start Date and
shall carry out the Works and Routine Maintenance, if specified in the tender, in
accordance with the Programme submitted by the Contractor, as updated with the
approval of the Engineer, and complete them by the Intended Completion Date.

17. Approval by the Engineer

17.1. The Contractor shall submit Specifications and Drawings showing the proposed
Temporary Works to the Engineer, who is to approve them if they comply with the
Specifications and Drawings.

17.2. The Contractor shall be responsible for design and safety of Temporary Works.

17.3. The Engineer's approval shall not alter the Contractor's responsibility for design
and safety of the Temporary Works.

17.4. The Contractor shall obtain approval of third parties to the design of the
Temporary Works, where required.

17.5. All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, are subject to prior approval by the Engineer before their use.

18. Safety

18.1. The Contractor shall be responsible for the safety of all activities on the Site. He
shall comply with all applicable safety requirements and take care of safety of all
persons entitled to be on the site and the works. He shall use reasonable efforts to
keep the site and the works, both during construction and maintenance, clear of
unnecessary obstruction so as to avoid danger to the persons and the users.

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 Workers employed on mixing asphaltic materials, cement and lime mortars shall be
provided with protective footwear and protective goggles.

 Stone breaker shall be provided with protective goggles and protective clothing and
seated at sufficiently safe intervals.

 The area should be barricaded or cordoned off by suitable means to avoid mishaps
of any kind. Power warning signs should be displayed for the safety of the public
whenever cleaning works are undertaken during night or day.

 The workers engaged for cleaning the manholes/sewers should be properly trained
before allowing working in the manhole.

18.2. Safety Programs:-

I. Have adequate safety supervision in place to ensure that safety programs set up by
the firms/agencies are in compliance with prevalent laws and regulations.

II. Review safety programs developed by each of the trade firms, prepare and submit a
comprehensive safety program.

III. Monitor day to day implementation of safety procedures.

18.3. First Aid Facilities: -

i. At every work place there shall be provided and maintained, so as to be easily

accessible during working hours, first-aid boxes at the rate of not less than one box
for 150 contract labour or part thereof ordinarily employed.

ii. The first-aid box shall be distinctly marked with a red cross on white back ground.

iii. Adequate arrangements shall be made for immediate recoupment of the equipment
when necessary.

iv. Nothing except the prescribed contents shall be kept in the First-aid box.

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v. The first-aid box shall be kept in charge of a responsible person who shall always be
readily available during the working hours of the work place.

vi. A person in charge of the First-aid box shall be a person trained in First-aid
treatment, in the work places where the number of contract labour employed is 150
or more.

19. Discoveries

19.1. Anything of historical or other interest or of significant value unexpectedly

discovered on the Site shall be the property of the Employer. The Contractor shall
notify the Engineer of such discoveries and carry out the Engineer's instructions for
dealing with them.

20. Possession of the Site

20.1. The Employer shall handover complete or part possession of the site to the
Contractor 7 days in advance of construction programme. At the start of the work, the
Employer shall handover the possession of at-least 75% of the site free of all
encumbrances, the remaining 25 % of the possession as per contractor’s construction
programme.

21. Access to the Site

21.1. The Contractor shall allow access to the Site and to any place where work in
connection with the Contract is being carried out, or is intended to be carried out to
the Engineer and any person/persons/agency authorized by: a. The Engineer b. The
Employer or authorized by the Employer.

22. Instructions

22.1. The Contractor shall carry out all instructions of the Engineer, which comply with
the applicable laws where the Site is located.

22.2. The Contractor shall permit the appointed and/or authorized persons to inspect
the Site and/or accounts and records of the Contractor and its subcontractors relating

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to the performance of the Contract, and to have such accounts and records audited by
auditors appointed, if so required. The Contractor’s attention is invited to Clause of
‘Fraud and Corruption’, which provides, inter alia, that acts intended to materially
impede the exercise of the inspection and audit rights provided for under the Clause &
constitute a obstructive practice subject to contract termination

22.3. 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 thereby to be omitted, with or without the
substitution of any other works in lieu thereof, or may order any work or any portion of
work executed or partially executed, to be removed, changed or altered, 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 condition no.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. 73.

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.

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 B. Time Control

23. Programme

23.1. Within the time stated in the Contract Data, the Contractor shall submit to the
Engineer for approval a Programme, including Environment Management Plan showing
the general methods, arrangements, order, and timing for all the activities in the
Works, along with monthly cash flow forecasts for the construction of works.

After the completion of the construction works, the programme for the Routine
Maintenance Work, showing the general methods, arrangements, order and timing for all
the activities involved in the Routine Maintenance will also be submitted by the
Contractor to the Engineer for approval if specified in the tender. The programme for
Routine Maintenance will be submitted in each year for the period of Maintenance.

23.2. The Contractor shall submit the list of equipment and machinery being brought
to site, the list of key personnel being deployed, the list of machinery / equipments
being placed in field laboratory and the location of field laboratory along with the
Programme. The Engineer shall cause these details to be verified at each appropriate
stage of the programme.

23.3. An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of the
remaining Works, including any changes to the sequence of the activities.

23.4. The Contractor shall submit to the Engineer for approval an updated Programme
at intervals no longer than the period stated in the Contract Data. If the Contractor
does not submit an updated Programme within this period, the Engineer may withhold
the amount stated in the Contract Data from the next payment certificate and
continue to withhold this amount until the next payment after the date on which the
overdue Programme has been submitted.

23.5. The Engineer's approval of the Programme shall not alter the Contractor's
obligations. The Contractor may revise the Programme and submit it to the Engineer

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again at any time. A revised Programme shall show the effect of Variations and
Compensation Events.

24. 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 Brihanmumbai Municipal Corporation

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 Brihanmumbai Municipal Corporation: In the

event of any failure or delay by the Brihanmumbai Municipal Corporation 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
Brihanmumbai Municipal Corporation 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 Brihanmumbai Municipal Corporation may
grant such extension(s) of the completion date as may be considered
reasonable.

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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 Brihanmumbai Municipal Corporation 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 Brihanmumbai Municipal Corporation will be entitled 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 granting extension shall be properly
documented.

25. Delays Ordered by the Engineer

25.1. The Engineer may instruct the Contractor to delay the start or progress of any
activity within the Works. Delay/delays totalling more than 30 days will require prior
written approval of the DMC/AMC.

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26. Management Meetings

26.1. The Engineer may require the Contractor to attend a management meeting. The
business of a management meeting shall be to review the plans for progress of the
Works.

26.2. The Engineer shall record the business of management meetings and provide
copies of the record to those attending the meeting. The responsibility of the parties
for actions to be taken shall be decided by the Engineer either at the management
meeting or after the management meeting and stated in writing to all those who
attended the meeting.

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 C. Quality Control

27. Quality Control

27.1. 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.

27.2. 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 consent in 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

27.3. Works to be executed in accordance with specifications / drawings / orders etc. :

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

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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.

27.4. Ready Mix Concrete/ Asphalt Mix

i) The contractor shall have to arrange Ready Mix concrete (RMC)/Asphalt from
RMC/ASPHALT producing plants registered with Brihanmumbai Municipal Corporation

ii) The contractor shall, within a 7 days of award of the work, submit a list of at least
three RMC/Asphalt producers with details of such plants including details and
number of transit, mixers & pumps etc. to be deployed indicating name of
owner/company, its location, capacity, technical establishment.

The Engineer-in-charge will reserve right to inspect at any stage and reject the
concrete if he is not satisfied about quality of product at the user’s end.

iii) The Engineer-in-charge reserves the right to exercise control over the:-

a) Calibration check of the RMC/Asphalt plant.

b) Weight and quantity check on the ingredients, water and admixtures added for
batch mixing for RMC plants
c) Time of mixing of concrete/grade of asphalt.
d) Testing of fresh concrete/asphalt mix, recording of results and declaring the mix
fit or unfit for use. This will include continuous control on the work ability
during production and taking corrective action, if required.
e) For exercising such control, the Engineer-in-charge shall periodically depute his
authorized representative at the RMC/Asphalt plant. It shall be
responsibility of the contractor to ensure that all necessary equipment,

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 manpower & facilities are made available to Engineer-in-charge and or his
authorized representative at RMC/Asphalt plant.
f) All required relevant records of RMC/Asphalt mix shall be made available to the
Engineer-in-charge or his authorized representative. Engineer-in-charge shall, as
required, specify guidelines & additional procedures for quality control &
other parameters in respect of material production & transportation of
concrete mix which shall be binding on the contractor & the RMC/Asphalt
plant. Only concrete as approved in design mix by Engineer-in-charge shall be
produced in RMC plant and transported to the site.

g) The contactor shall have to produce a copy of challan receipts/SCADA

reports/VTS reports as issued by the RMC/Asphalt plant as a documentary
proof in lieu of supply of RMC/Asphalt mix before releasing payment.

28. Identifying Defects

28.1. The Engineer shall check the Contractor's work and notify the Contractor of any
Defects that are found. Such checking shall not affect the Contractor's responsibilities.
The Engineer may instruct the Contractor to search for a Defect and to uncover and
test any work that the Engineer considers may have a Defect.

28.2. The Contractor shall permit the Employer’s technical person(s) to check the
Contractor’s work and notify the Engineer and Contractor if any defects that are found.

29. Tests
29.1. For carrying out mandatory tests as prescribed in the specifications, the
Contractor shall establish field laboratory at the location decided by Engineer. The field
laboratory will have minimum of equipments as specified in the Contract Data. The
contractor shall be solely responsible for:
a. Carrying out the mandatory tests prescribed in the Specifications, and

b. For the correctness of the test results, whether preformed in his laboratory or
elsewhere.

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29.2. If the Engineer instructs the Contractor to carry out a test not specified in the
Specification/ Quality Assurance Handbook to check whether any work has a Defect and
the test shows that it does, the Contractor shall pay for the test and any samples. If there
is no defect, the test shall be a compensation event.

When required by the Engineer-in-charge the contractor(s) shall supply for the purpose of
testing samples of all materials proposed to be used in the works. Samples submitted
either to govern bulk supplies or required for testing before use shall be in suitable packages
to contain them and shall be provided free of charge by the contractor. The cost of testing
shall be borne by the contractor even if the result of the sample confirm or do not confirm
to the relevant BIS code specifications.

i. All expenditure required to be incurred for taking the samples conveyance, packing
shall be borne by the contactor himself.

ii. The failed material shall be removed from the site by the contractor at his own cost
within a week time of written order of the Engineer-in-charge.

29.3. Setting of Site Laboratories: (Not Applicable)

Contractors shall set up a laboratory at site before commencement of work at their cost for
performing various tests and at least the following machines and equipments shall be
provided therein -

1. Set of Sieves as per I.R.C. /I.S.

2. Compressive Testing Machine(For new works)
3. Oven, Electrically Operated
4. Weighing Balance (20 kg capacity)
5. 3 m straight edge
6. Sieve shaker
7. First Aid Box
8. Measuring Jar (for silt content)
9. Other Machines/apparatus as may be directed by the Engineer
10. Vernier Caliber
11. Level / Theodolite

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All the test records shall be maintained in the site office and made available as and when
required. The laboratory must be established within 15 days from the date of receipt of
the orders from Engineer In charge. On failure to do so, a penalty of Rs 1000/- per day
shall be imposed.

The contractor shall install testing equipment at site. The contractor shall ensure and
certify the calibration of the equipment so installed and shall maintain the same in
working order throughout the period of construction. The contractor shall also provide
necessary technically qualified experienced trained staff for carrying out such tests for
using such equipment. The tests shall be carried out under the supervision of the
Engineer-in-charge. The calibration shall be checked every twelve months as directed by
Engineer-in-charge.

30. Correction of Defects noticed during the Defects Liability Period.

a) The Engineer shall give notice to the Contractor of any Defects before the end of
the Defects Liability Period, which begins at Completion and ends after five years.
The Defects Liability Period shall be extended for as long as Defects remain to be
corrected.

b) 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.

c) 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 deficiencies within the period specified in
the notice and submit to the Engineer a compliance report.

31. Uncorrected Defects and Deficiencies

If the Contractor has not corrected a Defect pertaining to the Defect Liability Period under
clause and deficiencies in maintenance, to the satisfaction of the Engineer, within the time
specified in the Engineer's notice, the Engineer will assess the cost of having the Defect or
deficiency corrected, and the Contractor shall pay this amount, on correction of the Defect
or deficiency by another agency.

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D. Cost Control

32. Variations

The Engineer shall, having regard to the scope of the Works and the sanctioned estimated
cost, have power to order, in writing, Variations within the scope of the Works he considers
necessary or advisable during the progress of the Works. Such Variations shall form part of
the Contract and the Contractor shall carry them out and include them in updated
Programmes produced by the Contractor. Oral orders of the Engineer for Variations, unless
followed by written confirmation, shall not be taken into account.

33. Payments for Variations

33.1. If rates for Variation items are specified in the Bill of Quantities, the Contractor
shall carry out such work at the same rate.

33.2. The rate for Extra/Excess shall be governed by clause 10.A of Standard General
Condition of Contract

34. Cash Flow Forecasts

When the Programme is updated, the Contractor shall provide the Engineer with an
updated cash flow forecast.

35. Payment Certificates

The payment to the Contractor will be as follows for construction work:

a) A bill shall be submitted by the Contractor monthly or before the date fixed by the
Engineer In-charge for all works executed in the previous month, and the Engineer
In-charge shall take or cause to be taken requisite measurement for the purpose of
having the same verified and the claim, so far as it is admissible, shall be adjusted, if
possible, within 10 days from the presentation of the bill. If the contractor does not
submit the bill within the time fixed as aforesaid, the Engineer In-charge may depute
a subordinate to measure up the said work in the presence of the contractor or his
duly authorized agent whose counter signature to the measurement list shall be

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 sufficient warrant, and Engineer In-Charge may prepare a bill from such list which
shall be binding on the contractor in all respects.

b) The Engineer shall check the Contractor's fortnightly/monthly statement within 14

days and certify the amount to be paid to the Contractor.

c) The value of work executed shall be determined, based on measurements by the

Engineer.

d) The value of work executed shall comprise the value of the quantities of the items in
the Bill of Quantities completed.

e) The value of work executed shall also include the valuation of Variations and
Compensation Events.

f) The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.

g) The contractor shall submit all bills on the printed forms at the office of Engineer In-
charge. The charges to be made in the bills shall always be entered at the rates
specified in tender.

36. Payments

36.1. Payments shall be adjusted for deductions for advance payments, retention,
security deposit, other recoveries in terms of the Contract and taxes at source, as
applicable under the law. The Employer shall pay the Contractor the amounts certified
by the Engineer within 15 days of the date of each certificate.

36.2. All sums payable by a contractor by way of compensation under any of these
conditions, shall be considered as a reasonable compensation to be applied to the use
of Brihanmumbai Municipal Corporation without reference to the actual loss or
damage sustained and whether any damage has or has not been sustained.

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36.3. 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 therefore 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
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.

37. The Contractor shall not be entitled to compensation to the extent that the
Employer's interests are adversely affected by the Contractor for not having given early
warning or not having cooperated with the Engineer.

38. Tax

Revised GST condition as per Circular No. C.A./Fin./Project/28 dated 28.03.2023

The tenderer shall quote inclusive of all taxes other than GST (Excluding GST), levies,
duties cess etc. as applicable at the time of bid submission. GST as applicable shall be
paid separately on submission of bills/Invoice. Input Tax Credit of GST as available with
the bidder will not be claimed separately by BMC. However, while quoting the rates
benefit of Input Tax Credit or exceptions shall be passed on to the BMC by way of
equivalent reduction in quoted price.

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39. Currencies

All payments will be made in Indian Rupees.

40. Liquidated Damages

Both, the Contractor and the Employer have agreed that it is not feasible to precisely
estimate the amount of losses due to delay in completion of works and the losses to the
public and the economy, therefore, both the parties have agreed that the Contractor shall
pay liquidated damages to the Employer and not by way of penalty, at the rate per week
or part thereof stated in the Contract Data for the period that the Completion Date is later
than the Intended Completion Date. Liquidated damages at the same rates shall be
withheld if the Contractor fails to achieve the milestones prescribed in the Contract Data.
However, in case the Contractor achieves the next milestone, the amount of the liquidated
damages already withheld shall be restored to the Contractor by adjustment in the next
payment certificate. The Employer and the contractor have agreed that this is a
reasonable agreed amount of liquidated damage. The Employer may deduct liquidated
damages from payments due to the Contractor. Payment of liquidated damages shall not
affect the Contractor’s other liabilities.

41. Cost of Repairs

Loss or damage to the Works or Materials to be incorporated in the Works between the
Start Date and the end of the Defects Correction periods shall be remedied by the
Contractor at his cost if the loss or damage arises from the Contractor's acts or omissions.

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 E. Finishing the Contract

42. Completion of Construction and Maintenance

42.1. The Contractor shall request the Engineer to issue a certificate of completion of
the construction of the works, and the Engineer will do so upon deciding that the
works is completed. This shall be governed as per clause no.8 (g) of Standard General
Conditions of Contract.

43. Taking Over

43.1. The Employer shall take over the works within seven days of the Engineer issuing
a certificate of completion of works. The Contractor shall continue to remain
responsible for its routine maintenance during the maintenance period if specified in
the contract.

44. Final Account

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 Brihanmumbai Municipal
Corporation staff will prepare the final bill based on the joint measurement within next 3
months.

Engineer’s decision shall be final in respect of claims for defect and pending claims against
contractors.

No further claims should be made by the Contractor after submission of the final bill and
these shall be deemed to have been waived and extinguished. Payment of those items of
the bills in respect of which there is no dispute and of items in dispute, for quantities and
rates as approved by the Commissioner shall be made within a reasonable period as
may be necessary for the purpose of verification etc.

After payment of the final bill as aforesaid has been made, the contractor may, if he so
desires, reconsider his position in respect of a disputed portion of the final bills and if he

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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.

Sr.no. Amount of Contract Cost Minimum Payable Amount in final bill

1 Up to Rs.5 Crs. Rs.10 Lacs or final bill whichever is more
2 Up to Rs.25 Crs. Rs.1 Crore or final bill amount whichever is more
3 Up to Rs. 50 Crs. Rs.2 Crores or final bill amount whichever is more
4 Up to Rs.100 Crs. Rs.4 Crore or final bill amount whichever is more
5 More than Rs.100 Crs. Rs.7 Crore or final bill amount whichever is more

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:-

After 15 days from the date of completion/running bill up Equal to 5% of bill amount
to certain date, up to next 15 days i.e. up to 30 days
Next 15 days up to 45 days from the date of Equal to 10% of bill amount
completion/running bill up to specified date
If not submitted within 45 days from the date of Bill will not be admitted
completion/ R.A. bill for payment.

45. Operating and Maintenance Manuals

45.1. If "as built" Drawings and/or operating and maintenance manuals are
required, the Contractor shall supply them by the dates stated in the Contract Data.

45.2. If the Contractor does not supply the Drawings and/or manuals by the dates
stated in the Contract Data, or they do not receive the Engineer's approval, the

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Engineer shall withhold the amount stated in the Contract Data from payments due to
the Contractor.

46. Termination

46.1. The Employer or the Contractor may terminate the Contract if the other party
causes a fundamental breach of the Contract.

46.2. Fundamental breaches of Contract shall include, but shall not be limited to, the
following:

a) the Contractor stops work for 30 days when no stoppage of work is shown on the
current Programme and the stoppage has not been authorized by the Engineer;
b) the Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction or amalgamation;
c) the Engineer gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within a
reasonable period of time determined by the Engineer;
d) the Contractor does not maintain a Security, which is required;
e) the Contractor has delayed the completion of the Works by the number of days
for which the maximum amount of liquidated damages can be paid, as defined in
relevant clause.
f) the Contractor fails to provide insurance cover as required under relevant clause .
g) if the Contractor, in the judgment of the Employer, has engaged in the corrupt or
fraudulent practices as defined in GCC in competing for or in executing the
Contract.
h) if the Contractor fails to set up a field laboratory with the prescribed equipment,
within the period specified in the Contract Data; and
i) any other fundamental breaches as specified in the Contract Data.
j) if the Contractor fails to deploy machinery and equipment or personnel as
specified in the Contract Data at the appropriate time.
46.3. When either party to the contract gives notice of a breach of contract to the
Engineer for a cause other than those listed above, the Engineer shall decide whether
the breach is fundamental or not.
46.4. Notwithstanding the above, the Employer may terminate the Contract for
convenience.

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46.5. If the Contract is terminated, the Contractor shall stop work immediately, make
the Site safe and secure, and leave the Site as soon as reasonably possible.

47. Payment upon Termination

47.1. If the Contract is terminated 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 less liquidated damages, if any, less advance payments received up to the date of
the issue of the certificate and less the percentage to apply to the value of the work
not completed, as indicated in the Contract Data. If the total amount due to the
Employer exceeds any payment due to the Contractor, the difference shall be recovered
from the security deposit, and performance security. If any amount is still left un-
recovered it will be a debt due from the Contractor to the Employer

47.2. If the Contract is terminated at the Employer's convenience, the Engineer shall
issue a certificate for the value of the work done, the reasonable cost of removal of
Equipment, repatriation of the Contractor's personnel employed solely on the
Works, and the Contractor's costs of protecting and securing the Works and less
advance payments received up to the date of the certificate, less other recoveries due
in terms of the Contract, and less taxes due to be deducted at source as per applicable
law.

48. Property

48.1. All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be
deemed to be the property of the Employer for use for completing balance
construction work if the Contract is terminated because of the Contractor's default, till
the Works is completed after which it will be transferred to the Contractor and credit,
if any, given for its use.

49. Release from Performance

If the Contract is frustrated by the outbreak of war or by any other event entirely outside
the control of the Employer or the Contractor, the Engineer shall certify that the Contract
has been frustrated. The Contractor shall make the Site safe and stop work as quickly

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as possible after receiving this certificate and shall be paid for all work carried out
before receiving it and for any work carried out afterwards to which a commitment was
made.

A) Other Conditions of Contract

50. Labour

50.1. The Contractor shall, unless otherwise provided in the Contract, make his
own arrangements for the engagement of all staff and labour, local or other, and for
their payment, housing, feeding and transport.

50.2. The Contractor shall, if required by the Engineer, deliver to the Engineer a return
in detail, in such form and at such intervals as the Engineer may prescribe, showing the
staff and the number of the several classes of labour from time to time employed by
the Contractor on the Site and such other information as the Engineer may require.

51. Compliance with Labour Regulations

a) During continuance 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 the State or Central
Government or local authority and any other labour law (including rules),
regulations, bye laws that may be passed or notification that may be issued
under any labour law in future either by the State or the Central Government
or the local authority.

b) Furthermore, 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. If the Employer is caused to
pay or reimburse, such amounts as may be necessary to cause or observe, or
for non-observance of the provisions stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments, if any, on the part of the
Contractor, the Engineer/Employer shall have the right to deduct any money due

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 to the Contractor including his amount of performance guarantee. The
Employer/Engineer 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.

c) The Contractor shall require his employees to obey all applicable laws, including
those concerning safety at work.

d) 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.

52. Drawings and Photographs of the Works

52.1. The Contractor shall do photography/video photography of the site firstly before
the start of the work, secondly mid-way in the execution of different stages of work as
required by Engineer In-charge and lastly after the completion of the work. No
separate payment will be made to the Contractor for this.

52.2. The Contractor shall not disclose details of Drawings furnished to him and works
on which he is engaged without the prior approval of the Engineer in writing. No
photograph of the works or any part thereof or plant employed thereon, except those
permitted under above clause, shall be taken or permitted by the Contractor to be
taken by any of his employees or any employees of his sub-Contractors without the
prior approval of the Engineer in writing. No photographs/ Video photography shall be
published or otherwise circulated without the approval of the Engineer in writing.

53. The Apprentices Act, 1961

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

54. Contract Document

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The documents forming the contract are to be taken as mutually explanatory of one
another.
Unless otherwise provided in the contract, the priority of the documents forming the
contract shall be, as follows:
1. Contract Agreement (if completed)
2. The letter of Acceptance
3. The Bid:
4. Addendum to Bid; if any
5. Tender Document
6. The Bill of Quantities:
7. The Specification:
8. Detailed Engineering Drawings
9. Standard General Conditions of Contracts (GCC)
10. All correspondence documents between bidder/contractor and Brihanmumbai
Municipal Corporation.
55. Conflict of Interest

The Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects
the Bidding Process. Any Applicant found to have a Conflict of Interest shall be
disqualified. An Applicant shall be deemed to have a Conflict of Interest affecting the
Bidding Process, if

1. A constituent of such Applicant is also a constituent of another Applicant; or

2. Such Applicant has the same legal representative for purposes of this Application
as any other Applicant; or

3. Such Applicant, or any Associate thereof has a relationship with another Applicant,
or any Associate thereof, directly or through common third party/ parties, that
puts either or both of them in a position to have access to each other’s information
about, or to influence the Application of either or each other; or

4. The Applicant shall be liable for disqualification if any legal, financial or technical
adviser of the Authority in relation to the Project is engaged by the Applicant, its
Member or any Associate thereof, as the case may be, in any manner for matters
related to or incidental to the Project. For the avoidance of doubt, this
disqualification shall not apply where such adviser was engaged by the
Applicant, its Member or Associate in the past but its assignment expired or
was terminated 6 (six) months prior to the date of issue of this TENDER. Nor will

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 this disqualification apply where such adviser is engaged after a period of 3 (three)
years from the date of commercial operation of the Project.

56. Applications and costs thereof

No Applicant shall submit more than one Application for the Project. An applicant applying
individually shall not be entitled to submit another application either individually. The
Applicant shall be responsible for all of the costs associated with the preparation of their
Applications and their participation in the Bid Process. The Authority will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.

57. Acknowledgment by Applicant

It shall be deemed that by submitting the Application, the Applicant has:

a. made a complete and careful examination of the tender;

b. received all relevant information requested from the Authority;
c. accepted the risk of inadequacy, error or mistake in the information provided in
the tender or furnished by or on behalf of the Authority relating to any of the
matters referred; and
d. Agreed to be bound by the undertakings provided by it under and in terms hereof.
“The Authority” shall not be liable for any omission, mistake or error in respect of
any of the above or on account of any matter or thing arising out of or
concerning or relating to the TENDER or the Bidding Process, including any error
or mistake therein or in any information or data given by the Authority.

58. Right to accept or reject any or all Applications/ Bids

Notwithstanding anything contained in this TENDER, “The Authority” reserves the right to
accept or reject any Application and to annul the Bidding Process and reject all
Applications/ Bids, at any time without any liability or any obligation for such acceptance,
rejection or annulment, and without assigning any reasons therefore. In the event that the
Authority rejects or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to
submit fresh Bids hereunder.

“The Authority” reserves the right to reject any Application and/ or Bid if:

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a) at any time, a material misrepresentation is made or uncovered, or

b) the Applicant does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Application.

In case it is found during the evaluation or at any time before signing of the Agreement or
after its execution and during the period of subsistence thereof including the concession
thereby granted by “The Authority”, that one or more of the pre-qualification conditions
have not been met by the Applicant, or the Applicant has made material
misrepresentation or has given any materially incorrect or false information, the
Applicant shall be disqualified forthwith if not yet appointed as the Successful Bidder
either by issue of the LOA (Letter of Approval) or entering into of the Agreement, and if
the Applicant has already been issued the LOA or has entered into the Concession
Agreement, as the case may be, the same shall, notwithstanding anything to the contrary
contained therein or in this TENDER, be liable to be terminated, by a communication in
writing by “The Authority” to the Applicant, without the Authority being liable in any
manner whatsoever to the Applicant and without prejudice to any other right or remedy
which the Authority may have under this TENDER, the Bidding Documents, the Concession
Agreement or under applicable law.“The Authority” reserves the right to verify all
statements, information and documents submitted by the Applicant in response to the
TENDER. Any such verification or lack of such verification by the Authority shall not
relieve the Applicant of its obligations or liabilities hereunder nor will it affect any rights
of the Authority there under.

59. The bid shall be rejected if the bidder-

a. Stipulates the validity period less than 180 days.

b. Stipulates own condition/conditions.
c. Does not fill and (digital) sign undertaking forms, which are incorporated, in the
document.

60. Clarifications

Applicants requiring any clarification on the tender may notify “the Authority” in writing or
by fax or e-mail. They should send in their queries before the date specified in the header
data. “The Authority” shall Endeavor to respond to the queries within the period specified

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therein. The responses will be sent by fax and/or e-mail. The Authority will forward all the
queries and its responses thereto, to all purchasers of the TENDER without identifying the
source of queries.

“The Authority” shall Endeavour to respond to the questions raised or clarifications

sought by the Applicants. However, the Authority reserves the right not to respond to any
question or provide any clarification, in its sole discretion, and nothing in this Clause shall
be take or read as compelling or requiring the Authority to respond to any question or to
provide any clarification, but not later than the date provided in header data.

“The Authority” may also on its own motion, if deemed necessary, issue interpretations and
clarifications to all Applicants. All clarifications and interpretations issued by the Authority
shall be deemed to be part of the tender. Verbal clarifications and information given by
Authority or its employees or representatives shall not in any way or manner be binding on
the Authority.

61. Amendment of tender

At any time prior to the deadline for submission of Application, the Authority may, for any
reason, whether at its own initiative or in response to clarifications requested by an
Applicant, modify the tender by the issuance of Addendum.

Any Addendum thus issued will be sent in writing/ Fax/ Email to all those who have
purchased the tender.

In order to afford the Applicants a reasonable time for taking an Addendum into account, or
for any other reason, the Authority may, in its sole discretion, extend the Application Due
Date.

Preparation and Submission of Application

62. Language

The Application and all related correspondence and documents in relation to the Bidding
Process shall be in English language. Supporting documents and printed literature furnished
by the Applicant with the Application may be in any other language provided that they are

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accompanied by translations of all the pertinent passages in the English language, duly
authenticated and certified by the Applicant. Supporting materials, which are not
translated into English, may not be considered. For the purpose of interpretation and
evaluation of the Application, the English language translation shall prevail.

63. Format and signing of Application

The Applicant shall provide all the information sought under this TENDER. The Authority
will evaluate only those Applications that are received in the required formats and complete
in all respects. Incomplete and /or conditional Applications shall be liable to rejection.
The Applicant will upload bid in One Folder in electronic form which shall contain the
scanned certified copies of the documents given below and the documents uploaded has
to be digitally signed by the bidder. These copies shall be certified by Practicing Notary
approved by the Govt. of Maharashtra or Govt. of India with his stamp, clearly stating his
name & registration number, except where original documents are demanded

64. Marking of Applications

The Applicant shall submit the Application in the format specified at Appendix-I, together
with the documents, upload in folder as “VENDOR” together with their respective
enclosures.

Applications submitted by fax, telex, telegram shall not be entertained and shall be
rejected outright.

65. Late Applications

Applications received by the Authority after the specified time on the Application Due Date
shall not be eligible for consideration and shall be summarily rejected.

66. Confidentiality

Information relating to the examination, clarification, evaluation, and recommendation for

the short-listed qualified Applicants shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor advising the
Authority in relation to or matters arising out of, or concerning the Bidding Process. The

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Authority will treat all information, submitted as part of Application, in confidence and will
require all those who have access to such material to treat the same in confidence. The
Authority may not divulge any such information unless it is directed to do so by any
statutory entity that has the power under law to require its disclosure or is to enforce or
assert any right or privilege of the statutory entity and/ or the Authority or as may be
required by law or in connection with any legal process.

67. Clarification Of Financial Bids

To assist in the examination, evaluation and comparison of Bids, the Engineer may, at his
discretion, ask any bidder for clarification of his Bid, including breakdown of unit rates.
The request for clarification and the response shall be in writing or by post/facsimile/e-
mail. No Bidder shall contact the Engineer on any matter relating to his bid from the time
of the bid opening to the time the contract is awarded. Any effort by the Bidder to
influence the Engineer in the Engineer’s bid evaluation, bid comparison or contract award
decisions may result in the rejection of the Bidder’s bid.

68. Inspection of site and sufficiency of tender:

1. The Contractor shall inspect and examine the site and its surrounding and shall
satisfy himself before submitting his tender as to the nature of the ground and
subsoil (so far as is practicable), the form and nature of the site, the quantities
and nature of the work and materials necessary for the completion of the works
and means of access to the site, the accommodation he may require and in
general shall himself obtain all necessary information as to risk, contingencies
and other circumstances which may influence or affect his tender. He shall also
take into consideration the hydrological and climatic conditions.
2. The Employer may make available to the Contractor data on hydrological 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
Brihanmumbai Municipal Corporation 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.

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3. 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.
4. 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 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 acceptable to the Engineer which the Contractor may take in the
absence of specific instructions from the Engineer. However such costing
shall be got approved by the competent authority as governed vide rules prevailing
with authority.
5. 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.

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6. 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.

7. 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.

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 8. 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.
69. 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.

70. Subsequent Legislation:

If on the day of submission of bids for the contract, there occur changes to any 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, such
additional or reduced cost shall, after due consultation with the Contractor, be
determined by the concerned Engineering Department of Brihanmumbai Municipal
Corporation 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. Brihanmumbai
Municipal Corporation reserve the right to take decision in respect of addition/reduction of
cost in contract.

71. 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

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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.

72. Payments, Tax and Claims:

 The limit for unforeseen claims

Under no circumstances whatever the contractor shall be entitled to any compensation

from Brihanmumbai Municipal Corporation 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.

 No interest for delayed payments due to disputes, etc:

It is agreed that the Brihanmumbai Municipal Corporation 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 Brihanmumbai Municipal Corporation 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 Brihanmumbai Municipal Corporationor its Engineer or
Officers in making periodical or final payments or in any other respect whatever.

73. Settlement of Disputes:

 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

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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.

 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 or arising out of the Contract or 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 doso
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

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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.

74. Arbitration and Jurisdiction:

If the commissioner fails to give notice of the decision as aforesaid within a period of 90
days after being requested as aforesaid or if the contractor is dissatisfied with any such
decision, then the contractor may within 90 days after receiving notice of such decision or
within 90 days after the expiration 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.
i) In case of a contract where the contract price and/ or contract value is less than
Rs.5,00,00,000/- (Rupees Five Crore Only), any dispute arising out of or in
connection with this contract, including any question regarding its existence,
validity or termination, shall be referred to a mutually agreed arbitral tribunal in
accordance with the Arbitration and Conciliation Act, 1996 (amended upto date).
The arbitral tribunal shall consist of a sole arbitrator, as mutually agreed upon by
the parties and the said dispute shall be finally resolved by the said aribtral
tribunal. The decision of the arbitral tribunal shall be in writing (with reasons) and
which will be final and binding upon the parties hereto and the expenses of the
arbitration shall be paid as may be determined by the arbitrail tribunal. The seat of
the arbitration shall be Mumbai. The venue of arbitration shall be within the limits
of Brihan Mumbai. The language of the Arbitration shall be English. If the parties
fails to appoint mutually agreed arbitral tribunal, within the period of 30 days from
the date of application seeking arbitration in the dispute, the arbitral tribunal shall
be appointed by the recognised arbitral institution i.e. Mumbai Centre for
International Arbitration (approved by Government of Maharashtra under G.R. no.
ARB/Case No. 1,/2017/D-19 dtd.28.02.2017) as per the Arbitration Rules of the
Mumbai Centre for International Arbitration then in force (“MCIA Rules”).

ii) In case of contract where the contact price and/ .or contract value is
Rs.5,00,00,000/- (Rupees five Crore only) or more, any dispute arising out of or in

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 connection with such a contract, including any question regarding its existence,
validity or termination, shall be directly referred to and finally resolved by the
recognized arbitral institution i.e. Mumbai Centre for International Arbitration
(approved by Government of Maharashtra under G.R. no. ARB/Case No.
1,/2017/D-19 dtd.28.02.2017) as per the Arbitration Rules of the Mumbai centre
for International Arbitration then in force (“MCIA Rules”). The arbitral tribunal shall
consist of a sole arbitrator. The seat of the arbitration shall be Mumbai. The
language of the Arbitration shall be English.

In either case, the law governing this arbitration agreement and the contract shall be
Indian Law.

75. 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, 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 with the further
license does not result in the duplication of the whole works.

76. 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

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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.

77. Proprietary data

All documents and other information supplied by the Authority or submitted by an

Applicant to the Authority shall remain or become the property of the Authority. Applicants
are to treat all information as strictly confidential and shall not use it for any purpose
other than for preparation and submission of their Application. The Authority will not
return any Application or any information provided along therewith.

78. Correspondence with the Applicant

Save and except as provided in this TENDER, the Authority shall not entertain any
correspondence with any Applicant in relation to the acceptance or rejection of any
Application.

79. Price Variation Clause (Not Applicable)

The Contractor shall be reimbursed or shall refund to the Corporation as he 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 up to 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

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 of such material for adjustment. Any variation in this rate shall be considered for
reimbursement to the contractor or refund to be claimed from the contractor as
the case may be. The contractor shall, for the purpose of adjustment 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 A 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.

a) Formula for Labour component:

VL=(0.88 R) x 30 x ( I - IO)
100 IO

b) Formula for Material component :

VM =(0.88 R x 70 - C) x (W - WO)
100 WO

Where -

VL = Amount of price variation to be reimbursed or claimed as refund on

account of general rise or fall of index referred to above.

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 I = Consumer Price Index number of working class for Mumbai
declared by the Commissioner of Labour and Director of Employment,
Mumbai) applicable to the period under reference (base year ending
2004-05 as 100 i.e. new series of indices).

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 28 days 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

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.

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 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 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 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 favourable to the employer, provided that if an extension of time is
granted, 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 WO
being the indices applicable to the date on which the rates under Sub Clause 10

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 (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.

80. 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%
Above 24 months 10%
Note:

1) The extension in time period for the projects originally estimated including monsoon
results in change of price variation slabs as mentioned above i.e. from first slab to
second slab or from second slab to third slab, then the maximum limit of original
slab will prevail.

2) Operative period shall mean original or extended time period of contract.

For example:

Extension of Time period Maximum Price Variation

If original period of 11 months including monsoon extends No variation allowed
to 16. The operative period will be 11+5 months.
If original period of 11 months excluding monsoon extends Maximum 5% variation
to 16. The operative period will be 11+5 months. allowed

Price Variation during Extended Period of Contract:

(i) Extension Due To Modification & Extension for delay due to Brihanmumbai
Municipal Corporation:

The price variation for the period of extension granted shall be 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 or extended period vide clause8 (l) (a)
(i) and (ii) of standard GCC.

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(ii) Extension of Time For Delay Due To Contractor :

(a) The price variation for the period of extension granted shall be limited to the
amount payable as per the Indices in case the indices increase, above the
indices applicable, to the last month of the original completion period or the
extended period vide above clause 8(l)(a)(i) and (ii) of standard GCC.

(b) The price variation shall be limited to the amount payable as per the indices, in
case the indices decrease or fall below the indices applicable, to the last month
of original / extended period of completion period vide above clause 8(l)(b) of
standard GCC, then lower indices shall be adopted.

(iii) Extension of Time For Delay due to reasons not attributable to Brihanmumbai
Municipal Corporation and Contractor (Reference Cl.8(d) of Standard GCC):

The price variation for the period of extension granted shall be 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.

81. Payment:

Interim Payment:

i) 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.

ii) Payment on account for amount admissible shall be made on the Engineer certifying
the sum to which the Contractor is considered entitled by way of interim payment for
all the work executed, after deducting there from the amount already paid, the
security deposit / retention money and such other amounts as may be deductible or
recoverable in terms of the contract.

iii) 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

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 there from recoveries on account of advances, interest, retention money, income
tax etc. The balance payment due will be paid thereafter. (Not Applicable)

iv) No interim payment will be admitted until such time the Contractor have fully
complied with the requirement of the Condition no.8 (g) and 8 (h) concerning
submission and approval of Network Schedule for the works, as detailed in Condition
8 (h). 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.

v) 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.

82. Banning/De-Registration of Agencies of Construction works in Brihanmumbai

Municipal Corporation

The regulations regarding Demotion/ Suspension Banning for specific period or

permanently / De-Registration shall be governed as per the respective condition in
Contractor Registration Rules of Brihanmumbai Municipal Corporation.

83. JOINT VENTURE (Not Applicable)

a) 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.

b) Separate identity/name shall be given to the Joint Venture firm.

c) Number of members in a JV firm shall not be more than two (02).

d) 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.

e) The tender form shall be purchased and submitted in the name of the JV firm or any
constituent member of the JV.

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f) 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.

g) 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%.

h) 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.

i) 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 10% 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.

JV member shall not sell / transfer / alter their shares / stakes in the JV during entire
validity of the contract including extended period and the defect liability period.

j) Approval for change of constitution of JV firm shall be at the sole discretion of the
BMC. 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.

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k) 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.

l) 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.

m) 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 BMC
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:-

i) 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 (BMC) 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 BMC during the course of execution of the
contract or due to no execution of the contract or part thereof.

ii) 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.

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 iii) Governing Laws - The Joint Venture Agreement shall in all respect be governed
by and interpreted in accordance with Indian Laws within jurisdiction of
competent court in Mumbai city.

iv) 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 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.

n) Documents to be enclosed by the JV firm along with the tender :

i) In case one or more of the members of the JV firm is/are partnership firm(s),
following documents shall be submitted:

a. Notary certified copy of the Partnership Deed,

b. Consent of all the partners to enter into the Joint Venture Agreement on
a stamp paper of appropriate value (in original).

c. Power of Attorney (duly registered as per prevailing law) in favour of one

of the partners to sign the MOU and JV Agreement on behalf of the
partners and create liability against the firm.

ii) In case one or more members is/are Proprietary Firm or HUF, the following
documents shall be enclosed:

a. 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.

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 iii) In case one or more members is/are limited companies, the following
documents shall be submitted:

a. Notary certified copy of resolutions of the Directors of the Company,

permitting the company to enter into a JV agreement, authorizing MD or
one of the Directors or Managers of the Company to sign MOU, JV
Agreement, such other documents required to be signed on behalf of the
Company and enter into liability against the company and/or do any
other act on behalf of the company.

b. Copy of Memorandum and articles of Association of the Company.

c. Power of Attorney (duly registered as per prevailing law) by the Company

authorizing the person to do/act mentioned in the para 12.4 above.

o) All the members of the JV shall certify that they have not been blacklisted or debarred
by BMC 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.

p) Credentials & Qualifying criteria: Technical and financial eligibility of the JV firm shall
be adjusted based on satisfactory fulfillment of the following criteria:

Technical eligibility criteria: The Technical Eligibility Criteria as stipulated in the

tender document shall be met either by any one member or by both members of
Joint Venture Collectively. However, the lead member of the JV firm shall meet at
least 35% requirement of Technical Capacity as stipulated in the tender.

Financial eligibility criteria: The average annual contractual payments received by the
JV firm or the arithmetic sum of average annual contractual payments received by all
the members of JV firm, in proportion to their share in JV, in last three financial years
shall be at least 30 % of the estimated value of the work as mentioned in the tender .

84. Compensation for delay:

If the Contractor fails to complete the works and clear the site on or before the Contract
or extended date(s) / period(s) of completion, he shall, without prejudice to any other
right or remedy of Municipal Corporation on account of such breach, pay as agreed
compensation, amount calculated as stipulated below (or such smaller amount as may

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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 projects (originally stipulated or as extended) not exceeding 6

months : to the extent of maximum 1 percent per week.

 Completion period for projects (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 projects (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:

10 percent.

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 to the
contractor under this or any other contract with the Municipal Corporation.

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85. 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 Brihanmumbai
Municipal Corporation or any organization engaged by the Brihanmumbai Municipal
Corporation 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 unskilful 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 general condition of contract in
section 9 of tender document (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

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acceptable without 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 penalisation 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.

86. 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.

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.

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87. 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 deemed 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 compensation under the remaining
provisions of this clause.

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(c) Where the Engineer required to 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.

88. Contractor to supply plant, ladder, scaffolding, etc and is liable for damages arising
from non-provision of lights, fencing, etc.

The Contractor shall supply at his own cost all material, plant, tools, appliances,
implements, ladders, cordage, tackle scaffolding and temporary works requisite or
proper for the proper execution of the work, whether, in the original altered or
substituted form and whether included in the specification of other documents forming
part of the contract or referred to in these conditions or not and which may be necessary
for the purpose of satisfying or complying with the requirements of the Eng-In-Charge
as to any matter as to which under these conditions is entitled to be satisfied, or which
is entitled to require together with the carriage therefore to and from the work.

The Contractor shall also supply without charge, the requisite number of person with the
means and materials necessary for the purpose of setting out works and counting,
weighing and assisting in the measurements of examination at any time and from time to
time of the work or materials, failing which the same may be provided by the
Engineer In-charge at the expense of the contractor and the expenses may be deducted
from any money due to the contractor under the contract or from his security deposit or
the proceeds of sale thereof, or offers sufficient portion thereof.

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The contractor shall provide all necessary fencing and lights required to protect the
public from accident and shall also be bound to bear the expenses of defence of every
suit, action or other legal proceedings, that may be brought by any person for injury
sustained owing to neglect of the above precautions and to pay any damages and cost
which may be awarded in any such suit action or proceedings to any such person or
which may with the consent of the contractor be paid for compromising any claim by
any such person.

89. Prevention of Fire :

The contractor shall not set fire to any standing jungle, trees, brushwood or grass without
a written permit from the Engineer In-charge. When such permit is given, and also in all
cases when destroying cut or dug up trees brushwood, grass, etc., by fire, the contractor
shall take necessary measure to prevent such fire spreading to or otherwise damaging
surrounding property. The Contractor shall make his own arrangements for drinking
water for the labour employed by him.

90. Compensation for all damages done intentionally or unintentionally by contractor’s

labour whether in or beyond the limits of Brihanmumbai Municipal Corporation 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
Brihanmumbai Municipal Corporation to contractor under this Contract or 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.

91. In the case of Tender by partners, any change in the constitution of the firm shall be
forthwith, notified by the contractor through the Engineer In-charge for his information.

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92. Action where no specifications :

In the case of any class of work for which there is no such specifications, such works
shall be carried out in accordance with the specifications and in the event of there
being no such specifications, then in such case, the work shall be carried out in all
respects in accordance with all instructions and requirements of the Engineer In-
charge.

93. Safety and medical help :

(i) The Contractor shall be responsible for and shall pay the expenses of providing
medical help to any workmen who may suffer a bodily injury as a result of an
accident. If such expenses are incurred by Brihanmumbai Municipal Corporation, the
same shall be recoverable from the contractor forthwith and be included without
prejudice to any other remedy of Brihanmumbai Municipal Corporation from any
amount due or that may become due to the Contractor.

(ii) The contractor shall provide necessary personal safety equipment and first-aid box
for the use of persons employed on the site and shall maintain the same in condition
suitable for immediate use at any time.

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

(iv) When the work is carried on in proximity to any place where there is risk or drawing
all necessary equipments shall be provided and kept ready for use and all necessary
steps shall be taken for the prompt rescue of any person in danger.

94. No compensation shall be allowed for any delay caused in the starting of the work on
account of acquisition of land or in the case of clearance of works, on account of ant delay
in according to sanction of estimates.

95. Anti-malaria and other health measures:

Anti-Malaria and other health measures shall be taken as directed by the Executive
Health Officer of Brihanmumbai Municipal Corporation. Contractor shall see that

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mosquitogenic conditions are created so as to keep vector population to minimum level.
Contractor shall carry out anti-malaria measures in the area as per the guidelines issued
by the Executive Health Officer of Brihanmumbai Municipal Corporation from time to time.

In case of default, in carrying out prescribed anti-malaria measures resulting in

increase in malaria incidence, contractor shall be liable to pay Brihanmumbai
Municipal Corporation on anti-malaria measures to control the situation in addition to
fine.

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 SECTION 10
SPECIAL INSTRUCTIONS TO BIDDERS

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 SPECIAL INSTRUCTION TO BIDDERS

1. BMC intends to invite Four (04) separate Bids for treatment of sewage by Bioremediation
Technology at Ghatkopar WWTF, Bhandup WWTF, Versova WWTF and Malad WWTF.
The Lagoons at Ghatkopar, Bhandup and Versova WWTF are provided with treatment
ponds and floating Aerators arrangement. Malad WWTF is provided with screens and grit
chamber facility.
Considering similar nature of WWTFs at Ghatkopar, Bhandup and Versova, it has been
decided to allot maximum two (02) contracts to one (01) successful bidder, if he is
participating in all the three (03) bids invited for Ghatkopar, Bhandup and Versova WWTF
and found lowest responsive in all the three (03) bids. Any two contracts which are the
most beneficial to BMC will be awarded to that bidder. The award of contracts will be
entirely BMC’s discretion.
Considering, different nature of arrangement, the work of Bioremediation at Malad
WWTF shall be open to all bidders.
2. It may be noted that the WWTF plant is handed over to the contractual agency appointed
by M.S.D.P. department of BMC. It is likely that there will be diversion of flow within the
sewer network. The successful contractor has to take into consideration such changes in
the working of the plant and design their system accordingly to meet the desired results.
The successful bidder will have to work in coordination with the M.S.D.P.’s appointed
contractor without any interference to the progress of the M.S.D.P.’s work.
3. The Municipal Commissioner reserves right to terminate, annul or foreclose the contract
at any stage with 01 month intimation notice. It will be binding on the part of the
contractor and he shall not resort to any remedies like litigation or arbitration or claim
compensation of any sort.
4. The payment to the successful contractor shall be made on monthly basis as per due
Municipal procedure. The rates invited are for the job work per Million Litres (MIL) for a
contract period of 01 years. The monthly payment shall be made for the treated flow at
actual multiplied by the quoted ML rate. No dosing, no payment.
5. For measurement and billing purpose, the flow indicated on SCADA system of the
respective BMC installation will be taken into consideration. If SCADA system is non-
functional, flow certified by the Executive Engineer of the user department during that
period shall be taken into consideration. In case of dispute as regards the measurement
of flow, the decision of Ch.E.(S.O.) shall be final.
6. In case of any doubt or dispute the guidelines, mentioned in Standard Bid Document
(SBD) and / or the decision of Competent Authority of Brihanmumbai Municipal
Corporation will be final.

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7. The contractor shall follow all the safety norms as per directives of Hon’ble High Court
while working on site. In case of any accident due to non-compliance of safety norms /
equipment the contractor shall be held responsible.
8. The treatment of sewage water with Bioremediation technology at various WWTFs is
considered as Stop Gap arrangement until the STP plant setup by M.S.D.P. department go
fully functional.
9. There will be no obligation / binding on BMC for any patented technology proposed for
the subject contract. The entire onus in this regard will be borne by the technology
provider during all the phases of the tendering and execution of work.
10. If the shall be manufacturer of the microbial product proposed for the subject work.
11. If the bidder is Authorized Indian Manufacturer of foreign microbial product, the bidder
shall upload the Memorandum of Understanding (MoU) between Foreign Manufacturer
of Microbial Culture & Authorised Indian Manufacturer (i.e. bidder) (as per Proforma VIII)
and Manufacturer’s Authorization Certificate on the Letter head of Foreign
Manufacturer of Microbial Product/Culture (as per Proforma IX) in Packet ‘B’. If the
bidder fails to submit the same in Packet ‘B’, the offer of the bidder will be treated non-
responsive.
12. Submission of Analytical Model –
The bidder shall submit analytical model of how they are going to achieve the desired
effluent parameters by using the proposed technology in Packet ‘B’ as per the bidding
schedule. The analytical model shall be vetted from the technical advisory Committee
(TAC) after opening of Packet A and B and before opening of Packet C.
In this regards, the bidder shall give presentation of their technology and analytical model
to TAC on how they effluent parameters by using the proposed technology before
opening of packet C.
If the analytical model is found to be unsuitable to achieve the desired result and hence,
not acceptable by TAC, the corresponding offer will be treated as non-responsive and
rejected out-rightly.
13. Product Certification
i. The microbial product used must have Eco-toxicity Certificate or Reports of Studies
conducted on the proposed microbial product from the Research Laboratories of Govt.
of India or other Govt. approved Institutes like Indian Institute of Toxicology Research
(IITR), Council of Scientific and Industrial Research (CSIR) etc. The bidder shall upload
all the relevant reports/certificates/papers in Packet ‘B’.
ii. The successful tenderer must have carried out the following tests recommended by
IITR on the proposed microbial product:

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 Sr. No. Name of the Test / Toxicity Studies
1. Fresh Water Algae and Cyanobacteria Growth Inhibition Test
2. Fish Acute Toxicity Test
3. Fish Embryo Acute Toxicity Test
4. Daphnia Magna Reproduction Test
5. Fish Early Life Stage Toxicity Test

iii. The above said tests must be carried out from the Research Laboratories of Govt. of
India or other Govt. approved Institutes like Indian Institute of Toxicology Research
(IITR), Council of Scientific and Industrial Research (CSIR) etc. and the bidder shall
upload all the reports in Packet ‘B’.
iv. If the bidder fails to submit above mentioned reports/certificates/papers in Packet
‘B’, the offer of bidders will be treated non-responsive.
v. The microbial product shall comply with all the statutory requirements and
permissions from Research Institutes of Government of India so that the use of such
products will not harm eco-system on Indian soil considering human safety, terrestrial
environment, aquatic life, marine life, biodiversity, etc. The bidder shall upload
necessary documents in this regard in Packet ‘B’.

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 SECTION 11
SPECIFICATIONS

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 SPECIFICATIONS
Subject: Rehabilitation of Bhandup WWTF - Treatment of Sewage Water by Bioremediation
Technology.
A. Objective

Brihanmumbai Municipal Corporation intends to treat the sewage at Bhandup WWTF by

Bioremediation Technology to achieve the desired values of sewage parameters after
treatment.

B. Existing Site Details of Bhandup WWTF:

1. Bhandup WWTF is having 04 streams of aerated lagoon with 01 pond in each stream.

2. Out of 04 ponds, 02 ponds are operational at present.

3. The installed capacity of the WWTF is 216 MLD.

4. The average inlet sewage parameters at Bhandup WWTF are :

Sr. Parameter Avg. Dry Weather Avg. Wet Weather

No. Values Values
1 Flow (MLD) 90 to 110 100 to 160
2 BOD3 27 (mg/l) 80 to 100 50 to 80
3 COD (mg/l) 200 to 250 150 to 200
4 TSS (mg/l) 90 to 150 50 to 90
5 pH 7 to 7.5 7 to 7.5

The above figures as per the Municipal lab test reports and are only indicative. The
above parameters are subject to seasonal changes to the extent of 20% to 30% on
either side. The tenderer are requested note the same before quoting and design there
system accordingly. The tenderer shall make site survey to get acquainted with the site
conditions and collect the requisite data for the treatment to achieve desired results.

5. The site plan of Bhandup WWTF is attached in Section 16.

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C. Desired Outflow Parameters:

The desired outflow effluent parameters after treatment shall be as follows:

Sr. Parameter Desired Value

No. (As per Hon’ble NGT Norms)
1 BOD3 27 (mg/l) Shall not exceed 10 mg/l
2 TSS (mg/l) Shall not exceed 20 mg/l
3 COD (mg/l) Shall not exceed 50 mg/l
4 pH 6.5 to 9

D. Scope of Work:

The instant work is proposed for treatment of sewage water at Bhandup WWTF by
Bioremediation technology to achieve the sewage effluent discharge parameters as
specified by hon’ble NGT. The average flow of Bhandup WWTF is around 115 MLD. The brief
scope of work includes following -

1. Determination of baseline values of inlet sewage parameter.

2. Treatment of sewage with Bioremediation Technology to achieve desired values of

outflow sewage parameters after treatment.

3. Supply of microbial product / bio-culture, allied material, dosing system and

deployment of required manpower, etc.

4. Provision of Electromechanical infrastructure required for the dosing of microbial /

bio-culture.

5. Periodic testing of the sewage samples before and after treatment from BMC Dadar
Laboratory or any other NABL accredited Laboratory approved by BMC.

E. Technical Specifications:

1. The successful tenderer shall study the site conditions and characteristics of influent
sewage water before finalization of treatment.

2. The successful tenderer shall submit the methodology for the treatment of sewage to
achieve the desired results.

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3. Considering the existing sewer network of Bhandup WWTF, the successful tenderer
may have to resort to satellite dosing arrangement. These satellite dosing
arrangements can be on remote locations or heavy traffic areas or in the areas having
higher footfall. The tenderer will have to design their dosing arrangement in such a
manner that it will not put the residents or pedestrians or traffic into inconvenient
situation.

As such, the tenderers will have to study the sewer network at both the sites and
decide on strategic locations for establishing satellite dosing arrangement and shall
submit the same along with the tender.

Necessary permission from the regulatory authority shall be obtained by the

successful tenderer for establishing the dosing points. Necessary safety arrangement,
watch and ward arrangement at the dosing points shall be done by the successful
tenderer.

4. The microbial product used for bioremediation process shall be eco-friendly, non-
toxic, non-pathogenic, non-contagious and non-corrosive and should not pose any
health risk to human, animal and ecosystem and shall fulfil IITR norms and tender
requirements.

5. The microbial product shall be suitable for Indian tropical conditions.

6. The product should be able to reduce the polluting parameters for meeting the
desired discharge standard for BOD, COD, TSS and pH in Aerobic or Facultative
conditions in WWTFs.

7. All the electromechanical and civil structures erected for the Bioremediation
treatment shall be of temporary nature and the same shall be removed and taken
after successful completion of the contract period and site condition shall be restored.

8. No Engineering changes shall be allowed site.

9. No civil construction works are allowed at sites except for storage of microbial product
after mandatory compliances.

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 10. Treatment at satellite sites shall be allowed. Satellite dosing point will be decided by
the bidder in coordination with the Engineer of Contract.

11. The treatment of sewage water shall be done on ‘As is where is’ basis.

12. The bidder shall assess and study the site conditions precisely and design the scheme
for treatment by Bioremediation Technology to achieve the desired outflow
parameters.

13. All the requisite arrangements, including water and electricity, for achieving the
desired output results shall be made by the successful contractor by strictly adhering
to all the technical specifications, terms and conditions of the tender.

F. Product Certification

1. The microbial product used must have Eco-toxicity Certificate or Reports of Studies
conducted on the proposed microbial product from the Research Laboratories of
Govt. of India or other Govt. approved Institutes like Indian Institute of Toxicology
Research (IITR), Council of Scientific and Industrial Research (CSIR) etc. The bidder
shall upload all the relevant reports/certificates/papers in Packet ‘B’.

2. The bidder must have carried out the following tests recommended by IITR on the
proposed microbial product:

Sr. No. Name of the Test / Toxicity Studies

1. Fresh Water Algae and Cyanobacteria Growth Inhibition Test
2. Fish Acute Toxicity Test
3. Fish Embryo Acute Toxicity Test
4. Daphnia Magna Reproduction Test
5. Fish Early Life Stage Toxicity Test

3. The above said tests must be carried out from the Research Laboratories of Govt. of
India or other Govt. approved Institutes like Indian Institute of Toxicology Research
(IITR), Council of Scientific and Industrial Research (CSIR) etc. and the bidder shall
upload all the reports in Packet ‘B’.

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 4. If the bidder fails to submit above mentioned reports/certificates/papers in Packet
‘B’, the offer of bidders will be treated non-responsive.

5. The microbial product shall comply with all the statutory requirements and
permissions from Research Institutes of Government of India so that the use of such
products will not harm eco-system on Indian soil considering human safety,
terrestrial environment, aquatic life, marine life, biodiversity, etc. The bidder shall
upload necessary documents in this regard in Packet ‘B’.

G. Manpower Requirement

The system shall be monitored 24x7 throughout the contract period. The successful
contractor shall provide minimum supervising and labour staff at Bhandup WWTF not
limited to the following.

Sr. Manpower Qualification Nos.

No. Required
1 Technical Graduate / Post Graduate in 01
Staff Environmental Science /
Engineering
2 Supervising Graduate in any field Min 1
Or
As per methodology
submitted by the bidder
3 Labour - Min 1
Or
As per methodology
submitted by the bidder

H. Declarations to be provided (On Rs. 500 stamp paper duly notarised)

The following declarations to be provided by the product manufacturer:

1. The microbes in product belong to GRAS (Generally Recognized as Safe) category.
2. Microbes in the product are non-GMO (Genetically Modified Organism).
3. The microbial product is suitable to Indian tropical conditions.
4. The microbial product to be Eco-friendly, Non-toxic, Non-pathogenic, Non-contagious
and Non-corrosive and should not pose any health risk to human, animal and
ecosystem.

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I. Contract Period

The contract period for the subject work will be 1 year and will be inclusive of all
seasonal conditions. The actual contract period will start from the date of start of dosing of
microbial product at all site locations by the successful contractor.

J. Timeline for Achieving Desired parameters

Phase A: Mobilization Period – 20 days.

Within 20 days of issue of LOA or as notified by the Engineer of Contract, the successful
bidder shall establish entire set up required for the treatment and commence the dosing
and associated activities at all the approved locations.

Phase B: Stabilization Period- 70 Days.

The stabilization period will start immediately after end of mobilization period.

The stabilization period will start immediately after end of mobilization period or start of
dosing at all the approved locations, whichever is earlier.

1. Achieve 40% reduction of the inlet / baseline parameter within first 25 days from the
date of start of stabilization period.

2. Achieve 70% reduction of the inlet / baseline parameter within first 40 days from the
date of start of stabilization period.

3. Achieve the targeted parameter values as per the contract within 70 days from the
date of start of stabilization period.

Phase C: Post Stabilization Period

The Post-Stabilization period will start immediately after end of Stabilization Period of 70 days
or achievement of target parameters.

The successful contractor shall maintain the target parameters throughout the contract period,
after end of stabilization period of 70 days.

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K. Testing

1. Successful contractor shall carry out sample collection and analysis for the determination of
baseline values of inlet sewage parameter.

2. The Baseline values shall be used as reference inlet values for the entire contract period.

3. All the cost towards sample collection, transportation and testing etc. shall be borne by the
successful bidder.

4. The successful contractor shall carry out regular testing of sewage sample in following
manner.

a. Weekly Testing

The successful contractor shall test the Outlet sewage parameters every week after
treatment from BMC’s Dadar Laboratory or any other NABL accredited Labs as
approved by BMC and submit the report to the office of concerned Executive
Engineer (Sewerage Operation).

However, if some of the tests are not available at BMC’s Dadar Laboratory then
periodic testing of the sewage sample before and after treatment will be done from
approved NABL Laboratory.

b. Quarterly Testing

In addition to the weekly testing, the successful contractor shall test the sewage
parameters before and after treatment every three months from the institutions /
laboratories (other than lab appointed for weekly sample testing) as instructed by
concerned Executive Engineer (Sewerage Operation).

5. If it is observed that the values of the parameters after treatment are deviated beyond
acceptable limit after stabilisation of the system, additional testing may be insisted and shall
be carried out as per the instructions of BMC. The cost towards the same shall be borne by
the successful bidder

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 6. If the desired results are not achieved, the successful contractor shall take timely corrective
measures depending upon the test results and stabilize the system within shortest possible
time.

L. Methodology for Collection of Samples

Methodology for collection of samples based on the relevant standard viz. IS-3025 (Part 1) –
1987 is as follows. In case of any doubt or dispute, the concerned are requested to refer the
relevant clauses of IS: 3025 (Part 1) - 1987 or its latest version for clarification and
guidelines, if any.

1. Location of  The Sample at inlet shall be collected at common header/

Sample to be inlet chamber/ screen chamber or on upstream of first
Collected dosing point.
 The Effluent Sample shall be collected at the outlet of each
stream/ common stream just after the WWTF facilities and
shall be composited.
 The sample should be collected in bottles up to the brim
and water sealed (no air bubble) with inner cap.

2. Use of  The sample shall be collected in a leak proof glass or plastic

Appropriate container.
Container  The container in which the sample is stored and the stopper
should not:
a) Be a cause of contamination.
b) Absorb or adsorb the constituent to be determined.
c) React with certain constituents in the sample.
 The new containers shall be thoroughly cleaned in order to
minimize possible contamination of the sample.
3. Labelling  The sample bottles shall be carefully labelled to provide the
following information:
a) Place / Location of Sampling
b) Time and date of sampling
c) Type of Sampling
d) Name of Sampling Staff
e) Purpose of Sampling

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 f) GPS : Location
g) Signature of BMC staff
 The collected sample shall be labelled using wax pencil or
permanent marker to protect from wetting.
 Sampling photograph with location, date and time shall be
recorded.
4. Type of Sampling /  Flow proportional samples collected are representative of
Technique the bulk water quality. If both the flow and composition
vary, flow proportional samples can reveal such variations
which may not be observed by the use of spot samples.
Accordingly, this is the most precise method of sampling
flowing water, if both the flow rate and the concentration of
pollutants of interest vary significantly.
As such, this method shall be used for sampling of sewage
water for the subject works.
 Sample collection shall be by ‘Grab Composite Method’ in
which sample shall be collected every 4 hrs interval over a
period from 08:00 AM to 08:00 PM.
 Immerse the sampling container at least 0.5 m below the
surface water level and draw the sample. Rinse the
container twice with the waste water being collected and
then collect the sample.

5. Volume of Sample  Sample volume of 1 litre for every time interval shall be
collected and shall be stored in ice box/refrigerator (< 40c)
and later mixed in container a common suitable capacity
mixing container for composite sampling.

6. Sample  Sample shall be preserved as specified in latest revision of

Preservation IS : 3025 (Part 1) – 1987.
7. Sampling Device  A sufficiently heavy sampling bottles stainless steel
container/ brackets should be used to overcome buoyancy.
8. Transportation of  The individual wastes tend to decompose on keeping, which
result in change of composition at room temperature.

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 Sample Following measures shall be adopted while transporting the
sample.
a) The samples should be collected in leak proof container.
b) Sample should be transported in an ice box keeping the
temperature around 40C.
c) Immediately after reaching the destination (Testing
Laboratory), the sample should be stored in
refrigerator.

The contractors shall note and follow the above methodology for collection of samples
scrupulously.

M. Facilities for the Work Force Deployed

The personnel deployed on this work shall be provided the following facilities.

i) Two Uniform per annum.

ii) A set of Hand Gloves, helmet, Face Mask, fluorescent jacket and safety shoes/
gumboot, hand wash, napkin, First Aid box, etc. shall be provided.

iii) The contractor shall ensure that his Employees shall wear the uniforms and use safety
gears while on duty.

iv) All the personnel appointed by the contractor for the said work shall be adequately
insured as per the prevailing laws in force. The contractor shall abide by all the
statutory laws applicable for the said work.

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N. Payment Term:

Sr.
Description Payment Terms
No.

1 Phase A  No payment shall be given during mobilization

(Mobilization Period) period of i.e. no payment will be made before
start of dosing at all the approved locations.

2 Phase B  If dosing is not started at all the approved

(Stabilization Period) locations, no payment shall be made.

 The payment shall be made on achievement of
Desired target Parameters after treatment as
per due Municipal procedure.
 The payment for the period from start of
stabilization period up to achievement of
desired target Parameters shall be made on
volumetric basis for the treated flow in Million
Liter (MIL) at actual during that period
multiplied by the quoted MIL rate in
aggregated manner.
 The bills shall be accompanied with the
laboratory test reports and flow data for that
period certified by the Executive Engineer of
the user department.

3 Phase C  On satisfactory achievement of desired outflow

(Post Stabilization Period) results, within 30 days from the submission of

monthly running bills as per due Municipal
procedure.
 The monthly payment shall be made on
volumetric basis for the treated flow (MIL) at
actual for the respective month multiplied by
the quoted MIL rate.

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 Sr.
Description Payment Terms
No.

 The monthly bills shall be accompanied with

the laboratory test reports and flow data for
the month certified by the Executive Engineer
of the user department.
 If any of the target parameters are beyond
limits, the contractor shall not be liable for
any payment during the period from date of
detection of non-compliance of targeted
values till achievement of targeted values
supported by laboratory test reports.

O. Penalty

Sr.
Description Penalty
No.

1 Phase A  No Penalty will be levied for mobilization period of

(Mobilization Period) 20 days.

 If dosing is not started at all the approved

locations within mobilization period, penalty of
Rs.10,000/- per day till start of dosing at all
approved locations will be levied.

2 Phase B  Rs.10,000/- per day till achievement of desired

(Stabilization Period) discharge standards.

For not meeting the  A grace period of 14 days in addition to 70 days

desired discharge stabilization period shall be given to stabilize the

standard within stipulated system.

time period of 70 days.  The contractor shall be given 1st Notice of non-
satisfactory performance towards the end of the

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Sr.
Description Penalty
No.

stabilization period of 70 days in which they shall

be given 07 days grace period.

 Towards the end of the 07 days grace period, if it is

observed that the system is not stabilized, the
contractor will be served 2nd Notice of non-
satisfactory performance and further grace period
of 07 days shall be given to the contractor.

 Under these circumstances, on 8th day, the matter

will be referred to Technical Committee formed for
the subject work for review of the situation

 Beyond 14 days, it will be contemplated to take

action as deemed fit as per the set procedure
including forfeiture of Security Deposits,
Performance Guarantee and Annulment of
Contract which shall be binding on the contractor.

3 Phase C Considering Working Conditions with or without

shock loads:
(Post Stabilization Period)
 If weekly lab test report values are found deviated
For not meeting the from the desired values, a period of 14 days shall
desired discharge be given to re-stabilize the system.
standard
 The contractor shall be given 1st Notice of non-
satisfactory performance on the day of notification
of deviations in the desired outflow parameters
and a period of 07 days shall be given to re-
stabilize the system.

 Within 07 day, the sample will be collected and

sent for testing as per due procedure.

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Sr.
Description Penalty
No.

 Towards the end of the 07 day grace period, if it is

observed that the system is not stabilized, the
contractor will be served 2nd Notice of non-
satisfactory performance and further grace period
of 07 days shall be given to the contractor.

 On 8th day, the matter will be referred to Technical

Committee formed for the subject work for review
of the situation.

 On issuance of second notice, the contractor shall

be directed to submit their explanation for non-
performance within 03 days positively and the
explanation received from the contractor will be
submitted to the Technical Committee for review.

 The Technical Committee will review the situation

and submit their report to BMC within 10 working
days.

 Beyond 14 days, if still the desired outflow

parameters are not received then based on the
recommendations of the Technical Committee, it
will be contemplated to take action as deemed fit
as per the set procedure including forfeiture of
Security Deposits, Performance Guarantee and
Annulment of Contract which shall be binding on
the contractor.

 Under such circumstances - No payments shall be

made for the period from date of detection of
deviations from the targeted values till
achievement of targeted values supported by

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Sr.
Description Penalty
No.

laboratory test reports.

 In addition to this a penalty of Rs. 10,000/- per day
from the date of detection of deviation in desired
outflow parameters shall be levied till
achievement of targeted values.

4 Failure to notify  The contractor shall notify any deviation from the
deviations from desired desired outflow parameters immediately from the
outflow parameters date of detection to BMC, failing which, penalty
amounting to Rs.20,000/- per day will be levied till
notification of such deviations to BMC.
 This penalty shall be levied over and above the
penalty for deviation observed in the desired
outflow parameters.

5 Supervisory and labour Rs.2,000/- per staff per day

Staff not reporting on duty

6 For not following Rs.5,000/- per instant

instruction, safety norms.
7 Not wearing uniforms and Rs.500/- per instant per person
personal protective gears
8 For damaging Municipal Rs.5,000/- per instant in addition to making good of
property. the damaged property at his own cost.

9 Not restoring site after No penalty for first 10 working days.

completion of contract
Thereafter, Rs.5,000/- per day penalty shall be levied
period.
till restoration of site.

10 Damage Notices The contractor shall make payment towards any

damage notices issued by Authorities like NGT, CPCB,
MPCB and any Government Body or Undertaking.

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P. Foreclosure of Contract

The contractor shall strictly follow the timeline given for achieving the desired results as
defined in Para J of Section 11: Specification and the grace period given for achievement of
desired parameters after stabilization and also during post stabilization period.

For a continuous deviation of 14 days in achieving the desired outflow parameters, action as
deemed fit as per the set procedure including forfeiture of Security Deposits, Performance
Guarantee and foreclosure of Contract will be applicable and shall be binding on the
contractor.

Q. General Requirement

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 accordance with best
modern practices and using special techniques.

The Contractor shall read this Technical Specification in conjunction with the standard
specification of the Brihanmumbai Municipal Corporation 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, Brihanmumbai
Municipal Corporation’s respective standard specifications shall be applicable during
execution of the project. Bidders are requested to get acquainted with the same before
bidding.

2. Contractor’s Obligation

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 (a) taking
all precautions as deemed necessary to complete the work successfully within the specified
contract period and bided amount and (b) his prima facie obligation and responsibility under
the contract to successfully execute the work without causing interruptions to road and
pedestrian traffic.

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 It is deemed that the Contractor’s rates in the Bill of Quantities are for successfully
execution of work activities included in the scope of works within the specified contact
period regardless of the method considered as suitable in this specification.

3. Contractor’s responsibility of ascertaining extent of work

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 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 coordination with relevant authorities, competent agencies and
specialist contractor’s principals and technology providers, etc., and obtaining necessary
permissions in time by paying all the applicable, to ensure satisfactory completion of the
Contract.

4. Performance Requirements

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

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 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 studied site conditions, adequacy / suitability of the
methodology to be proposed, 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.

5. Rates to include all method related costs

It is deemed that the rates offered by the Contractor are inclusive of everything required to
comply with all the required provisions as above and any additional requirements as
necessary to carry out the work safely and successfully. The Contractor is also deemed to
have considered for any method related contingencies in his rates. Innovation in relation to
the best specified methodology and the best practice is encouraged and the Employer will
consider all the options to get the best methodology at competitive price. Hence, sufficient
documentation must be submitted 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 methodology to the Employer.

6. Co-operation with other Contractors and operational facility

The Contractor is advised that there may be other Contractors (i.e. from PWD, MMRDA,
other department of Brihanmumbai Municipal Corporation or other authorities like Metro,
MGL, Private Utility Providers, etc.) 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 coordinate with all such contractors / agencies
and plan / liaison his activities for successful and timely completion of his contract. 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.

No claim on account of this clause will be entertained by the Brihanmumbai Municipal

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 Corporation 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 meetings or discussions in which
the Engineer or the Corporation was not represented.

7. Transport of Materials

It shall be noted by the Contractor that the transport of the equipment’s and materials and
movement of vehicles overland will be subject to regulation of transport by various
statutory authorities. The same will be applicable for materials and equipment’s required to
be imported for the contract. The Contractor’s rates/prices shall include for all costs arising
from the imposition of traffic hours restriction by the Traffic Police, import export duties and
other shipping charges as applicable. The Bidder is advised to obtain accurate information
from the concerned authorities before bidding for the work.

8. Assistance for the Engineer’s Staff

The Contractor shall provide all necessary assistance to the Brihanmumbai Municipal
Corporation /Engineer’s Representative and his staff in carrying out their duties of checking
the setting-out, inspecting and measuring the works. The Contractor shall provide chainmen,
staff-men, office attendants and labourers as may be needed from time to time by the
Engineer’s Representative. One labourer shall be deployed at all times at the Engineer’s site
office to assist the Engineer.

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.

9. Use of I.S. Specifications

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 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.

10. 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 do everything necessary, including notifying the insurers of claims
received, to ensure that all claims are settled properly and expeditiously and shall keep the
Employer informed as to the progress made towards settlement, failing which the Employer
shall be entitled to make direct payment to claimants of all outstanding amounts due to
them in the Employer’s opinion and without prejudice to any other method of recovery to
deduct by way of set-off the amounts so paid from sums due or which become due from the
Employer to the Contractor.

If the Contractor receives a claim which he considers to be in respect of matters for which
he is to be indemnified by the Employer under the Contract he shall immediately pass such
claim to the Employer. All information as aforesaid shall be given in writing and shall be
copied to the Engineer’s Representative.

11. Existing Services

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.

12. Method of Working

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 modification
as he proposes for consideration and shall seek approval from the Engineer before he is

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 allowed to apply new or changed methods for execution of the work. 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.

13. Reference Documents and Standards

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 Brihanmumbai Municipal Corporation specification latest edition, relevant
WRc, WIS, ASTM, BIS, ISI, CPHEEO and other relevant specifications etc. as may be
specifically provided for.

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 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.

3. The contractor shall check each fresh consignment of materials as it is brought to the site of
works to see that they conform in all respects to the Specifications of the samples approved
by the Engineer, or both.

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.

7. Notwithstanding the source, the sand shall be washed using sand washing machine
before use.

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 SECTION 12

FRAUD AND CORRUPT PRACTICES

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 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.

 Without prejudice to the rights of the Authority under relevant Clause hereinabove, if an
Applicant is found by the Authority to have directly or indirectly or through an agent,
engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice during the Bidding Process, such Applicant shall
not be eligible to participate in any tender or RFQ issued by the Authority during a period of
2 (two) years from the date such Applicant is found by the Authority to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice, as the case may be.

 For the purposes of this Clause, the following terms shall have the meaning hereinafter
respectively assigned to them:

A. “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 Bidding
Process (for avoidance of doubt, offering of employment to, or employing, or engaging in
any manner whatsoever, directly or indirectly, any official of the Authority who is or has
been associated in any manner, directly or indirectly, with the Bidding Process or the
LOA or has dealt with matters concerning the Concession Agreement or arising there
from, 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 Authority, shall be deemed to constitute influencing the actions of a person
connected with the Bidding Process); or

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 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;

B. “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts

or disclosure of incomplete facts, in order to influence the Bidding Process;

C. “coercive practice” means impairing or harming or threatening to impair or harm, directly

or indirectly, any person or property to influence any persons participation or action in the
Bidding Process;

D. “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

E. “Restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Applicants with the objective of restricting or manipulating a full and
fair competition in the Bidding Process.

F. If the Employer/Financier determines that the Contractor has engaged in corrupt,

fraudulent, collusive, coercive or obstructive practices, in competing for or in executing
the Contract, then the Employer may, after giving 14 days’ notice to the Contractor,
terminate the Contractor’s employment under the Contract and expel him from the Site, and
the provisions of relevant Clause shall apply as if such expulsion had been made.

G. Should any employee of the Contractor be determined to have engaged in corrupt,

fraudulent, collusive, coercive, or obstructive practice during the execution of the Works,
then that employee shall be removed in accordance with relevant Clause.

For the purposes of this Sub-Clause:

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i. “corrupt practice” is the offering, giving, receiving to soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another party;

ii. “Another party” refers to a public official acting in relation to the procurement
process or contract execution. In this context, “public official” includes Financer staff
and employees of other organizations taking or reviewing procurement decisions.

iii. “fraudulent practice” is any act or omission, including a misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;

iv. “collusive practice” is an arrangement between two or more parties designed to

achieve an improper purpose, including to influence improperly the actions of
another party;

v. “coercive practice” is impairing or harming, or threatening to impair or harm,

directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;

vi. “obstructive practice” is deliberately destroying, falsifying, altering or concealing of

evidence material to the investigation or making false statements to investigators in
order to materially impede the Financier investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or

vii. acts intended to materially impede the exercise of the Financer’s inspection and
audit rights provided .

viii. “party” refers to a public official; the terms “benefit” and “obligation” relate to the
procurement process or contract execution; and the “act or omission” is intended to
influence the procurement process or contract execution.

ix. “parties” refers to participants in the procurement process (including public officials)
attempting to establish bid prices at artificial, non-competitive levels.

x. a “party” refers to a participant in the procurement process or contract execution.

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 SECTION 13
PRE BID MEEING

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 PREBID MEETING

Pre-bid meeting of the interested parties shall be convened at the designated date, time
and place. A maximum of three representatives of each Applicant shall be allowed to
participate on production of authority letter from the Applicant.

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.

Any queries or request for additional information concerning this TENDER shall be
submitted by e-mail to eemechses.so@mcgm.gov.in. The subject shall clearly bear the following
identification/ title: "Queries/ Request for Additional Information: TENDER for (Tender
Subject) Any changes in mail ID will be intimated on the portal.

The queries shall be submitted in following proforma.

Sr. Tenders section/ Clause Provision in Tender clause Query/ Clarification

No. reference requested

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 SECTION 14
LIST OF APPROVED BANKS

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 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.

2. The Bankers Guarantee issued by branches of approved Banks beyond Kalyan and Virar
can be accepted only if the said Banker’s Guarantee is countersigned by the Manager of a
branch of the same Bank, within the Mumbai Limit categorically endorsing thereon that
said bankers Guarantee is binding on the endorsing Branch of the bank within Mumbai
limits and is liable to be on forced against the said branch of the Bank in case of default by
the contractor/supplier furnishing the bankers Guarantee.

3. List of approved Banks:-

A S.B.I and its subsidiary Banks

1 State Bank Of India.
2 State Bank Of Bikaner & Jaipur.
3 State Bank Of Hyderabad.
4 State Bank Of Mysore.
5 State Bank Of Patiyala.
6 State Bank Of Saurashtra.
7 State Bank Of Travankore.
B Nationalized Banks
8 Allahabad Bank.
9 Andhra Bank.
10 Bank Of Baroda.
11 Bank Of India.
12 Bank Of Maharashtra.
13 Central Bank Of India.
14 Dena Bank.
15 Indian Bank.
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.

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 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 Karur Vysya 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.
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 Janata Sahakari Bank Ltd.
56 Mumbai District Central Co-op Bank Ltd.
57 Maharashtra State Co-op Bank Ltd.
58 New India Co-op Bank Ltd.

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 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 Shamrao Vithal 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 Banque Nationale de Paris.
74 Barclays bank.
75 City Bank N.A.
76 Hongkong & Shanghai banking Corporation.
77 Mitsui Taiyokbe Bank Ltd.
78 Standard Chartered Bank.
79 Cho Hung Bank.

4. For more details, Refer Circular under no. CA/FBK/39 dated 07.12.2012, CA/FBK/25
dated 30.10.2014 & CA/FBK/241 dated 27.11.2019 regarding list of approved banks for
acceptance of Bankers Guarantee annexed in the tender document.

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 SECTION 15
APPENDIX AND PROFORMA

- 157-
 FORM OF TENDER

To,
The Municipal Commissioner for Greater Mumbai

Sir,

I/ We have read and examined the following documents relating to the work/of
___________________________________________________________________________
___________________________________________________________________________

i. Notice inviting tender.

ii. Directions to tenderers (General and special)
iii. General condition of contract for Civil Works of the Brihanmumbai
Municipal Corporation as amended up to date.
iv. Relevant drawings.
v. Specifications.
vi. Special directions
vii. A to H
viii. Bill of Quantities and Rates.

1A. I/We_______________________________________________________(full name in

capital letters, starting with surname), the Proprietor/ Managing Partner / Managing
Director / Holder of the Business, for the establishment / firm / registered company,
named herein below, do hereby offer to
.......................................…………………..……………………………………………………………….....………………
…………………………………………………referred to in the specifications and schedule to the
accompanying form of contract of the rates entered in the schedule of rates sent
herewith and signed by me/us. (Strike out the portions which are not applicable).

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.

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.

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3. According to your requirements for payment of Earnest Money amounting to
Rs.______________________/-(Rs. _____________________________________ )

I/We have deposited the amount through online payment gateways with the C.E. of the
Corporation not to bear interest

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 days from 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.

a. I/We fail to keep the tender open as aforesaid.

b. I/We fail to execute the formal contract or make the contract deposit when called
upon to do so.

c. I/we do not commence the work on or before the date specified by the Engineer in his
work order.

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.

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.

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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 Brihanmumbai Municipal Corporation 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,”

Address Yours faithfully,

…………………………………. ..............

…………………………….……...............

…………………………….……............... Digital Signature of the Tenderer or the Firm

1.……………………………………………….

2.……………………………………………….

3.……………………………………………….

4.……………………………………………….

5.……………………………………………….

Full Name and private residential address of all the partners constituting the Firm

1. …………………………………….. A/c No. ……………………………….....…

2. …………………………………….. Name of Bank ………………………….…..

3. …………………………………….. Name of Branch ……………………….…...

4. …………………………………….. Vender No. ……………………...…………

5. ……………………………………..

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 AGREEMENT FORM

Tender / Quotation dated ……………. 20…

Standing Committee/Education Committee Resolution No. ……..…………………………….

CONTRACT FOR THE WORKS................................................................................................

…………………………………………………………...………………………….…………..………………………………………………………
This agreement made this day of………….........................................………………………Two
thousand.…………………Between.............................................……...……………...……………………………………
inhabitants of Mumbai, carrying on business at…… ………………...…..…… …………
…………………………………………………………………...………………………….…..in Bombay under the style and name
of Messrs…………………………………………………………………………………………………………........................ (Hereinafter
called “the contractor of the one part and Shri .............................................................. …………………… the
Dy. Municipal Commissioner (hereinafter called “the commissioner” in which expression are included
unless the inclusion is inconsistent with the context, or meaning thereof, his successor or successors for
the time being holding the office of Dy. Municipal Commissioner of the second part and the
Brihanmumbai Municipal Corporation (hereinafter called “the Corporation”) of the third part,
WHEREAS the contractor has tendered for the construction, completion and maintenance of the works
described above and his tender has been accepted by the Commissioner (with the approval of the
Standing Committee/Education Committee of the Corporation.
NOW THIS AGREEMENT WITNESSETH as follows:-
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.

a) The letter of Acceptance

b) The Bid:
c) Addendum to Bid; if any
d) Tender Document
e) The Bill of Quantities:
f) The Specification:
g) Detailed Engineering Drawings
h) Standard General Conditions of Contracts (GCC)
i) All correspondence documents between bidder and BMC
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.
4) The Commissioner hereby covenants to pay to the Contractor in consideration of the construction,
completion and maintenance of the works the contract sum, at times and in the manner prescribed by
the contract.

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 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.

Signed, Sealed and delivered by the contractors

........................................................................... ....................................................................
........................................................................... ....................................................................
........................................................................... ....................................................................
In the presence of Trading under the name and style of
............................................................................ Contractors
............................................................................
Full Name & Address..........................................
............................................................................

Dy.Ch.E.(S.O.)E.S. Ch.E. (S.O.)

Signed by the Dy. Municipal Commissioner
in the presence of …………………………................. .....................................................................
........................................................................... .....................................................................
.......................................................................... .....................................................................
Deputy Municipal Commissioner
The Common seal of the Brihanmumbai
Municipal Corporation was hereunto affixed
on the …………20in the presence of two
members of the Standing Committee.
1. 1.

2. 2.

And in the presence of the Municipal Secretary Municipal Secretary

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 ANNEXURE - A

Name of work / supply : Rehabilitation of Bhandup WWTF - Treatment of Sewage Water by

Bioremediation Technology.

The Engineer for this work :

Chief Engineer ......... Chief Engineer (Sewerage Operations)

Dy.Ch. Engineer ......... Deputy Chief Engineer (Sewerage Operation)
Eastern Suburb
Executive Engineer ......... Executive Engineer Mechanical (Sewerage)
Eastern Suburb

1. Earnest Money:

2. Time Period :

Contract as a whole Period

1.
completion
2. Part or Groups of items
i) i)
ii) ii)
iii) iii)

3. 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.

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4. 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.

5. 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.

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 Annexure – B

PRE-CONTRACT INTEGRITY PACT

(On Rs. 500/- Stamp Paper)

Tender ID. ________________ dated ……………. 20…

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 Brihanmumbai
Municipal Corporation, 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 Brihanmumbai Municipal Corporation 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.

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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 Brihanmumbai Municipal Corporation 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.

6. The Bidder shall not use improperly, for purposes of competition or personal gain, or pass
on to others, any information provided by the Brihanmumbai Municipal Corporation 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:

i. “fraudulent practice” means a misrepresentation or omission of facts or suppression of

facts or disclosure of incomplete facts, in order to influence the Bidding Process ;

ii. “coercive practice” means impairing or harming or threatening to impair or harm,

directly or indirectly, any person or property to influence any persons participation or
action in the Bidding Process;

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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

iv. “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Applicants with the objective of restricting or manipulating a full
and fair competition in the Bidding Process.

Signature of Tenderer/Bidder

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 Annexure – C

DECLARATION CUM INDEMNITY BOND

(On Rs. 500/- Stamp Paper)

Tender ID. ________________ dated ……………. 20…

I, __________________________________ of _______________________, do hereby

declare and undertake as under.

1. I declare that I have submitted certificates as required to Executive engineer (Monitoring)

at the time of registration of my firm/company _______ and there is no change in the
contents of the certificates that are submitted at the time of registration.

2. I declare that I ____________________________________ in capacity as

Manager/Director/Partners/Proprietors of __________________ has not been charged
with any prohibitory and /or penal action such as banning (for specific time or permanent)
/ de-registration or any other action under the law by any Government and/or Semi
Government and/or Government undertaking.

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,
Brihanmumbai Municipal Corporation 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

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 BANKERS GURANTEE IN LIEU OF CONTRACT DEPOSIT

THIS INDENTURE made this ______________day of __________ BETWEEN THE

___________________BANK incorporated under the English/Indian Companies Acts and carrying
on business in Mumbai (hereinafter referred to as ‘the bank’ which expression shall be deemed to
include its successors and assigns) of thefirst part___________________ inhabitants carrying on
business at _______________________________ in Mumbai under the style and name of
Messer’s __________________(hereinafter referred to as ‘the consultant’) of the second part
Shri. _____________________________________ THE MUNICIPAL COMMISSIONER FOR GREATER
MUMBAI (hereinafter referred to as ‘the commissioner’ which expression shall be deemed, also
to include his successor or successors for the time being in the said office of Municipal
Commissioner ) of the third part and THE BRIHANMUMBAI MUNICIPAL CORPORATION
(hereinafter referred to as ‘the Corporation’) of the fourth part WHEREAS the consultants have
submitted to the Commissioner tender for the executionoftheworkof “_________________
_____________________________________________” and the terms of such tender
/contract require that the consultants shall deposit with the Commissioner as/contract deposit/
earnest money and /or the security a sum of Rs.______________ (Rupees
_________________________________________________________________)

AND WHEREAS if and when any such tender is accepted by the

Commissioner, the contract to be entered into in furtherance thereof by the consultants will
provide that such deposit shall remain with and be appropriated by the Commissioner towards
the Security deposit to be taken under the contract and be redeemable by the consultants, if they
shall duly and faithfully carry out the terms and provisions of such contract and shall duly satisfy
all claims properly chargeable against them there under AND WHEREAS the consultants are
constituents of the Bank and in order to facilitate the keeping of the accounts of the consultants,
the Bank with the consent and concurrence of the consultants has requested the Commissioner
to accept the undertaking of the Bank hereinafter contained, in place of the contractors
depositing with the Commissioner the said sum as earnest money and /or security as aforesaid
AND WHEREAS accordingly the Commissioner has agreed to accept such undertaking NOW THIS
AGRREMENT 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

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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

WITNESS (1) .......................................................

Name and address .......................................................
WITNESS (2) ....................................................... the duly constituted Attorney
Name and address ....................................................... Manager
the Bank and the said Messer’s .....................................................
....................................................................... (Name of the Bank)

WITNESS (1) .......................................................

Name and address .......................................................
WITNESS (2) .......................................................
Name and address .......................................................
For Messer’s .......................................................
Address .......................................................

have hereinto 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.

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 Annexure – D
Rate Analysis
Tender ID. ________________ dated ……………. 20…

Item Description: ........................................................................................................................

Sr. Description of rate analysis Unit Quantity Rate Amount

No. Parameters
1 Basic Material (Rate should be
inclusive of all taxes)

2 Machinery Hire Charges

3 Labour Type (labour components)

4 Total of all components

5 Overhead & Profit 15% on 4

6 Total Rate (4+5)

7 Per unit rate

Sign & Seal of the Tenderer

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 Annexure – E

Undertaking for best price

( As per circular u/no. DMC/CPD/OD/15 Dtd. 06.05.2013, to be uploaded in technical folder ‘A’)

(On stamp paper of Rs. 500/- duly notarized by notary with red seal and registration number)

Tender ID. ________________ dated ……………. 20…

To,
The Municipal Commissioner
For the Brihanmumbai Municipal Corporation

Sir ,
“I / We …………………………………………… ( Full Name in capital letters starting with surname ), the
Proprietor / Managing Partner / Managing Director / Holder of the Business / Manufacturer /
Authorized Dealer, for the establishment / firm / registered company , named herein below , 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 any establishment / firm or any other person , who have filled in the tender for the aforesaid
work.”

“ 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 hereby 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 Brihanmumbai Municipal Corporation 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.

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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 Brihanmumbai Municipal Corporation 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.”

However, in case of price difference, if it is a result of differential tax structures, different dollar
value of Rupee, differential logistic of transport etc. Considering this aspect, before invoking the
penalty, black-listing, I/We will be given a reasonable opportunity of being heard by representing
our case as to why such price variation / differential has been arisen.

In case if the explanation submitted by me / us is unsatisfactory then action including forfeiture of

despite and black-listing may be taken against me/us.

Tenderer’s full Signature with full name

&address with rubber stamp

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 Annexure – F

INFORMATION REGARDING STATUS OF BIDDER

(1) (a) Whether it is a proprietor

concern

(b) If so, name of the owner

(2) If it is a partnership concern,

please furnish name of each
___________________________________________
partner and copy of registration
certificate

(3) In case of company, please

furnish the documentary proof
_____________________________________________
to show that the company is
registered.

(4) In case of Joint Venture, please

furnish the name of each firm
_____________________________________________
and Joint Venture forms.

Signature of authorized

Person of concern/company

Name of concern/company and seal

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 Annexure-G
Irrevocable Undertaking
(on Rs. 500/- Stamp Paper)

I Shri/Smt. aged, …… years Indian Inhabitant………………………………………….. Proprietor/

Partner/Director of M/s resident at ……………………………………………………………. do herby give
Irrevocable undertaking as under;

1. I say & undertake that as specified in section 171 of CGST Act, 2017, any reduction in rate
of tax on supply of goods or services or the benefit of input tax credit shall be mandatorily
passed on to BMC by way of commensurate reduction in prices.

2. I further say and undertake that I understand that in case the same is not passed on and is
discovered at any later stage, BMC shall be at liberty to initiate legal action against me for
its recovery including, but not limited to, an appeal to the Screening Committee of the GST
Counsel.

3. I say that above said irrevocable undertaking is binding upon me/my

partners/company/other Directors of the company and also upon my/our legal heirs,
assignee, Executor, administrator etc.

4. If I fail to compliance with the provisions of the GST Act, I shall be liable to
penalty/ punishment or both as per the provision of GST Act.

Whatever has been stated here in above is true & current to my/our own knowledge &
belief.

Solemnly affirmed at DEPONANT

This day of BEFORE ME

Interpreted Explained and identified by me

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 Annexure– H
BRIHANMUMBAI MUNICIPAL CORPORATION

CIRCULAR U/No. MGC/F/6342 dated 5.5.2018

Sub.: Revised guidelines regarding barricades being used during the e xecution of various
infrastructure development projects by Brihanmumbai Municipal Corporation in
Mumbai.

Various infrastructure development projects are being executed by Brihanmumbai Municipal

Corporation for the betterment of citizens of Mumbai. During the course of execution of the
projects, it is necessary to provide strong and secured barricading as a safety measure to avoid any
mishaps as well as to avoid nuisance to vehicular and pedestrian traffic. Nowadays, the following
types of barricades are being used exclusively in Brihanmumbai Municipal Corporation as per the
convenience of various departments at different sites.

1. Water/s and tillable PVC Metro barricades.

2. RW7.45 (G.I. sheets of 22 gauge fixed on 3 inch dia. Wooden bullies buried in existing road
sufficiently)

3. RW7.36 (G.I. sheets of 22 gauge fixed on MS Angle post buried in half the depth in drums of
20 litres capacity in 1:3:6 concrete).

4. Structural steel barricade for major trenches having depth more than 2.00 meters.

Thus from the above, it can be seen that there is no uniformity in provision of barricades as
they are of different size and shape. Further it is also observed that the continuity is not
maintained in providing the barricading keeping gaps in between thus endangering the safety of
vehicular as well as pedestrian traffic. Also the barricades are not being cleaned, thus further
adding to shabbiness. Further Mumbai being the financial capital of India, people from all over the
world visit the city daily and to maintain good image of city the following decisions are taken.

(i) Only two type of barricades having department wise colour coding are proposed to be
used depending upon the nature of work i.e. Minor and Major.

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 (ii) Minor works: Barricading made out of 1.5 mm thick MS plate fixed on M.S. angle post,
V frame of 65 mm X 65 mm X 6 mm having height of 1.5m supported on as shown in
Annex-1.

(iii) Major works: Structural steel barricade made out of 1.50 mm thick M. S. Plate ISMB
250,1 SLC 250 X 50 mm and ISA 50mmX50mmX6mm having of size 2.5mX2m as shown
in Annex-11.

A) The department wise colour coding for the barricading shall be as under:-

(i) H.E. & W.S.P. department – Blue

(ii) Roads, Traffic, Bridges and Coastal Roads department- Yellow

(iii) S.P. & S.O department- Green

(iv) S.W.D., Building Maintenance department &for ward works –Red

B) The basic principle behind installing secured and continuous barricading is to ensure the
safety of vehicular as well as pedestrian traffic and residents in the nearby vicinity of the
project. Due to non-installation of appropriate barricades on sites if any mishap occurs
leading to injury or loss of life, then the contractor and contractor’s Engineer in-charge will
be liable for the consequent action.

C) During the course of execution of project, if it is noticed that the contractor has not provided
barricading then a penalty of Rs.1000/- per meter per day will be imposed upon the
contractor and will be deducted from the due Bill. This penalty shall be apart of penalty as
per tender condition.

D) Details of the work shall be prominently displayed on the central panel of the barricades
along-with the Social Slogans as given in Annexure-Ill and the Cycle of the same shall be
maintained.

E) The contractor shall provide and install the barricading along with the slogans printed as per
the Annexure Ill, at his own cost and no payment will be made for this; however the
contractor shall quote the bid accordingly by considering the cost of barricading. The

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condition shall be included in the tender as given below. “Barricading shall be provided free
of cost as per Circular vide U/No.MGC/F/6342 dated 5.5.2018 and as per Annexure I, II and Ill
of Standard drawings and specifications with slogans and department wise colour codes.”
The copy of circular will be attached to the tender as a part of tender document. This circular
will be applicable for the new tenders proposed to be invited from01.05.2018 and also the
corrigendum shall be attached to tenders which are uploaded. However, for the projects
wherein the tenders are already invited, the barricading shall be provided strictly as per
tender condition. All the details (Annexure I, II & Ill of Standard drawings and specifications
with slogans and department wise colour codes, sketches and department wise colour
coding) are uploaded on Brihanmumbai Municipal Corporation portal.

This circular shall come in force with immediate effect.

Sd/- 20.4.2018 sd/-20.4.2018

(Shri. V. P. Chithore) (Shri. R. B. Bambale)
Dir.(ES&P) D.M.C.(S.E.)

sd/- 21.4.2018 sd/- 21.4.2018

{Shri. Vijay Singhal) (Dr.Shri. Sanjay Mukherjee)
A.M.C.(E.S.) A.M.C.(P.)

sd/-16.5.2018 sd/-16.05.2018
(Shri. P. R. Kadam) (Ajoy Mehta)
D.M.C.(S.E.) M.C.

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 ANNEXURE I

A) Minor Work

Providing, fabricating and installing the barricading made out of 1.5m high M.S. Angle post of
65mm x 65mm x 6mm with 1.5 mm thick M.S. Sheet of size 1.55m x 1.2m welded to the M.S.
angle post/frames and fixed to 75mm x 75mm x 6mm angle base as shown in sketch for minor
works, displaying of the social slogan as per the Annex-III, daily cleaning of the same to get better
appearance and interlocking arrangement to ensure continuity in provision and to avoid gap in
between etc complete and as directed by Engineer in-Charge.

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 ANNEXURE II

B) Major Works:

Providing, fabricating and installing the structural steel barricading made out of 1.5mm thick M.S.
plate of size 2500mm x 2000mm, ISMC 250 x 50 Channels, M.S. Angles ISA 50 x 50 x 6mm and
ISMB 250 as per IS 1161 – 1 RHS/SHS rolled angle plates of TATA Steel, Lloyd Steel, SAIL, ESSAR
steel approved in straight profile of all sizes, shapes and for all works including stiffeners, bolts
and nuts, filet/butt welding, splicing, machine grinding, of all member joints wherever required to
give neat appearance and daily cleaning the barricading along with displaying of the Depth wise
slogans as given in Annexure – III etc with interlocking arrangement to avoid gap in between and
as directed by Engineer-in-Charge.

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 ANNEXURE III

1) HYDRAULLIC ENGINEERS’s DEPARTMENT /WATER SUPPLY PROJECTS

i) Inconvenience Regretted

ii) Ensuring Mumbai’s Water Supply

iii) Save Water Save Life

2) ROAD, TRAFFIC / BRIDGES DEPARTMENT

i) Inconvenience Regretted

ii) Working towards a better tomorrow

iii) My Mumbai, Green Mumbai

3) SEWERAGE PROJECTS DEPARTMENT/ SEWERAGE OPERATIONS DEPARTMENT

i) Inconvenience Regretted

ii) Reduce Reuse Recycle

iii) Clean Mumbai, Healthy Mumbai

4) STORM WATER DRAIN DEPARTMENT /WARD WORKS

i) Inconvenience Regretted

ii) Working towards a better tomorrow

iii) Swatch Bharat

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BRIHANMUMBAI MUNICIPAL CORPORATION

BRIHANMUMBAI MUNICIPAL CORPORATION

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BRIHANMUMBAI MUNICIPAL CORPORATION

BRIHANMUMBAI MUNICIPAL CORPORATION

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BRIHANMUMBAI MUNICIPAL CORPORATION

BRIHANMUMBAI MUNICIPAL CORPORATION

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BRIHANMUMBAI MUNICIPAL CORPORATION

BRIHANMUMBAI MUNICIPAL CORPORATION

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Annexure– I

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Annexure– J

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Annexure-K

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Annexure-L

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Annexure-M

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Annexure-N

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Annexure-O

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Annexure-P

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- 223-
 PROFORMAS:

PROFORMA- I

The list of similar works as stated in para ‘A’ of Post qualification during last Seven
years-

PROFORMA- I

Stipulated
Sr. Name of the Name of Actual date Actual Cost of
date of
No. Project theemployer of completion work done
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.

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 PROFORMA- II

Yearly Turnover During the Last Three Years.

PROFORMA- II

Annual Updated Value Average of Page

Sr.No. Financial year
Turnover to Current year last 3 years No.
1

Total

NOTE: The above figures shall tally with the audited balance sheets uploaded by the tenderer duly
certified by Chartered Accountant.

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 PROFORMA- III

At least similar work, as stated in para ‘A’ of Post qualification,

PROFORMA- III

Remarks
Date of Actual explaining
Name Name of Cost of Stipulated Actual
issue of cost of reasons
of the the the Date of Date of
work work for
Project Employer Project Completion Completion
Order done delay, if
any
1 2 3 4 5 6 7 8

NOTE: Scanned Attested copies of completion/performance certificates from the Engineer-in-

charge for each work should be annexed in support of information furnished in the above
proforma.

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 PERSONNEL

PROFORMA- IV

Work Experience
Name
Sr. Name of the
Post (Prime Candidate Qualification No. of years
No. Project
/ Alternate)

NOTE: Scanned Attested copies of qualification certificates and details of work experience shall
be submitted /uploaded.

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 MACHINERY: (for Special Work only)

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.

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 PROFORMA – VI / A

Details of Existing Commitments and Ongoing Works

PROFORMA- VI / A
Value of
Name Value
Description Contract Scheduled work Anticipated
Place &Address of
of No.& Date of remaining Date of
of Contract
work Date completion to be completion
employer in Rs.
completed
1 2 3 4 5 6 7 8

NOTE: 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.

PROFORMA – VI / B

Details of works for which bids are already uploaded –

PROFORMA – VI / B
Description Place Name & Value of Time Date on Remarks
of Work Address of Contract Period which
employee in Rs. decision is
expected
1 2 3 4 5 6 7

NOTE: Scanned Attested copies of certificates from the Engineer-in-charge for each work shall
be annexed.

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 PROFORMA- VII

Information on Litigation History in which the applicant is involved.

PROFORMA – VII
Other Party Remarks showing
Employer Cause of Dispute Amount involved
(/Parties) Present Status.
1 2 3 4 5

NOTE:

1. Scanned Attested copies of completion / performance certificates from the Engineer-in-

charge for each work should be annexed and uploaded.
2. Litigation History must cover - Any action of blacklisting, debarring, banning, suspension,
deregistration and cheating with BMC, State Govt., Central Govt. or any authority under State
or Central Govt/Govt, organisation initiated against the company, firm, directors, partners or
authorized signatory shall be disclosed for last 5 years from the date of submission of bid.
Also, bidder must disclose the litigation history for last 5 years from the date of submission of
bid about any action like show cause issued, blacklisting. debarring, banning, suspension,
deregistration and cheating with BMC and BMC is party in the litigation against the company,
firm, directors, partners or authorized signatory for carrying out any work for BMC by any
authority of BMC and the orders passed by the competent authority or by any Court where
BMC is a party. While taking decision on litigation history, the concerned Chief Engineer or
D.M.C. or Director, as may be the case, should consider the details submitted by bidder and
take decision based on the gravity of the litigation and the adverse effect of the act of
company, firm, directors, partners or authorized signatory on the BMC works which can spoil
the quality, output, delivery of any goods or any work execution and within the timeframe.

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 PROFORMA VIII
(Applicable in case of foreign culture and to be submitted by the Indian bidder who is appointed as the Authorized
Manufacturer in India in Packet ‘B’ as per bidding Schedule)

Memorandum of Understanding (MoU) between Foreign Manufacturer of

Microbial Culture & their Authorised Indian Manufacturer
(On Rs. 500/- stamp paper, duly filled, signed and Notarized)

Sub :- ………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………
Tender Id. :- ………………………

Deed for the MEMORANDUM OF UNDERSTANDING is made and entered into at __________ on
_____________________Between M/s. ___________________________________, manufacturer
of microbial product/culture named as___________________________________, having
registered office at ________________________________________ and having official email id
__________________________________________ hereinafter called as ‘FOREIGN
MANUFACTURER’

AND

M/s._____________________________________ who is Authorized Indian Manufacturer of

microbial product/culture__________________________________ having their manufacturing
facility in India at __________________________________________________________,
registered office at _________________________________________________________ and
having official email id_________________________________ hereinafter called as ‘AUTHORISED
INDIAN MANUFACTURER’

It is hereby agreed by both FOREIGN MANUFACTURER and their AUTHORISED INDIAN

MANUFACTURER that:

1. Above foreign manufacturer and authorised Indian manufacturer are jointly interested in
participation in above subject tender on following individual roles and responsibilities.

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2. The roles and responsibilities of the FOREIGN MANUFACTURER regarding
___________________________________________________ in the said bid are-
___________________________________________________________________________
_________________________________________________________________

(Here Manufacturer shall mention their detailed roles and responsibility)

3. The roles and responsibilities of the AUTHORISED INDIAN MANUFACTURER regarding

_______________________________________________________ in the said bid are-
___________________________________________________________________________
_________________________________________________________________

(Here Authorised Representative shall mention their detailed roles and responsibility)

4. The FOREIGN MANUFACTURER and AUTHORISED INDIAN MANUFACTURER undertake to

make uninterrupted supply of __________________________________ for the said project
as per the schedule of the work and to provide all necessary technical support.

5. In case FOREIGN MANUFACTURER and AUTHORISED INDIAN MANUFACTURER fail to

execute their obligation and responsibility as mentioned above or anywhere in the tender,
BMC have right to blacklist the FOREIGN MANUFACTURER and/or AUTHORISED INDIAN
MANUFACTURER for non-performance.

Authorised Signatory & Seal Authorised Signatory & Seal

(FOREIGN MANUFACTURER) (AUTHORISED INDIAN MANUFACTURER)

On behalf of the Manufacturer On behalf of the Authorised Representative

Witness: Witness:
1) _____________________________ 1) _____________________________
2) _____________________________ 2) _____________________________

3) _____________________________ 3) _____________________________

4) _____________________________ 4) ____________________________

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 PROFORMA IX

MANUFACTURERS AUTHORISATION CERTIFICATE

(To be submitted on Letter head of Foreign Manufacturer of Microbial Product/Culture)

This is to certify that M/s………….………………………………………. having registered office at

…………………………………………………………………………………………………………………………. and email id as
………………………………………………………………………………… are Authorized Indian Manufacturer of
microbial product/culture named ………………………..……………. since ………………… till date for dealing
in ……………………………………………………………………………………………………………………………………

We authorize them to quote for the tender ………….......................................................................

bearing no ………........................………….. to be submitted on………………… and also promise to
provide Authority to Manufacturer proposed microbial product in India at
............................................................................................. for the said project as per the schedule
of the work and to provide all necessary technical support during the entire contract period.

Place :

Date :

Seal of the Foreign Manufacturer & Sign of

Authority signatory

Official email Ids of both parties –

1. Foreign Manufacturer -

2. Authorized Indian Manufacturer -

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 SECTION 16

EXISTING SITE PLAN

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 EXISTING SITE PLAN
EXISTING UTILITIES OF BHANDUP WWTF

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