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Maintanance OFCdtp

The document is a tender for repair and maintenance work of RCC trench and manholes for OFC along roads in the MIHAN area at Nagpur, with an estimated cost of Rs. 20,08,332. It includes instructions to bidders, conditions of contract, and various forms and schedules necessary for bid submission. The bidding process requires bidders to meet specific eligibility criteria and submit their bids by a specified deadline.

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anurag tembhare
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0% found this document useful (0 votes)
4 views121 pages

Maintanance OFCdtp

The document is a tender for repair and maintenance work of RCC trench and manholes for OFC along roads in the MIHAN area at Nagpur, with an estimated cost of Rs. 20,08,332. It includes instructions to bidders, conditions of contract, and various forms and schedules necessary for bid submission. The bidding process requires bidders to meet specific eligibility criteria and submit their bids by a specified deadline.

Uploaded by

anurag tembhare
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Page | 1

TENDER DOCUMENT

FOR

REPAIR AND MAINTENANCE WORK OF RCC TRENCH AND


MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT NAGPUR

ESTIMATED COST: Rs. 20, 08,332.00

AUGUST- 2024

Maharashtra Airport Development Company Ltd.

HEAD OFFICE PROJECT OFFICE


8th floor, Centre-1, World Trade 1st Floor, Central Facility Building, MIHAN,
Centre, Near Khapri Railway Station, Nagpur-441
Cuffe Parade, Mumbai- 400 005. 108, Maharashtra, INDIA
Tel. No. : +91-22-49212102/22 163814 Tel. No.: +91-712-2815644/21
Fax: +91-22-2216 3814 Email: jmd@madcindia.org.

Contractor MADC
Page | 2

TENDER DOCUMENT

FOR

REPAIR AND MAINTENANCE WORK OF RCC TRENCH AND


MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT NAGPUR

VOLUME – I

Issued to M/s. _________________________________________________

_________________________________________________

on date ______________________ to be received up to __________________

Authorized Signature (MADC)

Contractor MADC
Page | 3

NAME OF WORK: REPAIR AND MAINTENANCE WORK OF RCC TRENCH


AND MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT
NAGPUR

CONTENTS

SR.NO. NAME OF ITEM PAGE NO.

1 VOLUME-I: CONTRACT AGREEMENT 5-91

2 VOLUME-II: CONTRACT AGREEMENT 92-106

3 VOLUME-III: BOQ 107-117

4 VOLUME-IV: SPECIFICATIONS 118-121

________________ __________________________________
Signature of Bidder Authorized Representative (MADC)
Date : Date :

Contractor MADC
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NAME OF WORK: REPAIR AND MAINTENANCE WORK OF RCC


TRENCH AND MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA
AT NAGPUR

INDEX

Volume I

SECTION PAGE NAME OF ITEM


NO. NO.
SECTION-I 5-19 INSTRUCTIONS TO BIDDERS.

SECTION-II-

PART-I 20-20 CONDITIONS OF CONTRACT

PART-II 21-21 CONDITIONS OF CONTRACT

SECTION-II

(PART-II)-A 22-55 CONDITIONS OF PARTICULAR APPLICATIONS

(PART-II)-B 56-70 SPECIAL CONDITIONS OF CONTRACT and


SUPPLEMENTARY INFORMATION
SECTION-III 71-72 SAMPLE FORM OF BID

SECTION-IV 73-74 SAMPLE FORM OF LETTER OF ACCEPTANCE, WORK


ORDER.
SECTION-V 75-77 SAMPLE FORM OF CONTRACT AGREEMENT.

SECTION-VI 78-90 SAMPLE FORMS & SCHEDULES


- FORMS F1 TO F7

- - BANK GUARANTEE FOR PERFORMANCE


SECURITY.
- SAMPLE FORM OF PROPERTY CONCRENS
- SAMPLE FORM FOR PARTNERSHIP CONCERNS
- SCHEDULES.
- SAMPLE SCHEDULE – D
- SAMPLE SCHEDULE - M

________________ ________________________________
Signature of Bidder Authorized Signature (MADC)

Date : Date :

Contractor MADC
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SECTION – I

INSTRUCTIONS TO BIDDERS (ITB)

A. GENERAL

1. SCOPE OF BID:
As per Bidding Data in Section-II of Volume-II.

2. ELIGIBLE BIDDERS:
This invitation to bid is open to any bidder meeting following requirements:

2.1 Bidder shall not be affiliated with firms or entity.


i) That has provided consulting services related to the works to the
employer during the preparatory stages of the works or of the project
of which the works forming a part.
ii) That has been hired by the employer as Engineer for the contract.

3. QUALIFICATION OF BIDDER:
3.1 To be eligible for award of the contract the bidder shall provide satisfactory
evidence to the Employer (MADC) of their eligibility, capability and
adequacy of resources to carry out the work / contract effectively. For the
purpose of this, all the bids submitted shall include the information in the
relevant formats as stated in Clause 18.2 of ITB.
3.2 For the purpose of this contract, the bidder shall meet the qualifying criteria as
mentioned in Bidding Data in Volume-II as a minimum.
3.3 Bids from joint ventures are not acceptable.

4. ONE BID PER BIDDER:


A bidder shall submit only one bid in the same bidding process. No bidder can
be a subcontractor while submitting a bid individually. In the same bidder
process A bidder, if acting in the capacity of subcontractor in any bid, may
participate in more than one bid, but only in that capacity. A bidder who
submits or participates in more than one bid will cause all the bids in which
the bidder has participated to be disqualified.

Contractor MADC
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5. COST OF BIDDING:
The bidder shall bear all cost associated with the preparation and submission
of his bid and the Employer will in no case shall be responsible or liable for
these costs, regardless of the conduct or outcome of the bidding procedure.

6. SITE VISIT:
The bidder is advised to visit and examine the site of work and it surrounding
and obtain himself at his own responsibility and cost, all information such as
availability of labour, material, machineries, fuel, water, electricity and such
similar information that may be necessary for preparation of the bid. A
declaration to this effect will have to be signed by the bidder in the format
given in Form - 7 (Declaration of the Contractor) attached to the bid in
Section-V of Volume I.

B. BIDDING DOCUMENT

7. CONTENTS OF BID DOCUMENTS:


The bid document consists of Volume-I (Non variable document), Volume-II
(Variable document), Volume-III (Specification), Volume-IV (Bill of
Quantities) and Volume-V (Drawings) together with any addendum thereto
issued in accordance with Clause 9 of Information to bidder and any
common set of deviations issued in accordance with Clause 8 of ITB.
The bidder is expected to examine carefully all instructions, conditions, terms,
specifications and drawings contained in various volumes / addendums /
common set of deviations which is a part of contract document. Failure to
comply with the requirements of bid submissions will be at the bidder’s risk.
Pursuant to Clause 25 of ITB, the bids, which are not substantially responsive
to the requirements, will be rejected.

8. CLARIFICATION OF BIDDING DOCUMENTS:


In case any clarification is required by the bidder, he may obtain it personally
or in writing well in advance from the Employer. The clarification for which
request has been received prior to prebid meeting will be answered.

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8.1 A Prebid conference open to all prospective bidders will be held at (As per
bidding data in Volume-II) in the office of the (As per Bidding Data in
Volume-II) where in the prospective bidders will have an opportunity to
obtain clarifications regarding the bid conditions and the work.

8.2 The prospective bidders are free to ask any additional information or
clarification, either in writing or orally and reply to the same will be given by
the Employer. The copies of the question raised and the replies given will be
furnished to all those attending the meeting (and subsequently to all
purchasers). Any modifications of bid documents, which may become
necessary as a result of prebid conference, shall be through issuance of an
addendum pursuant to Clause 9 of ITB of these instructions.

9. AMENDMENTS TO BIDDING DOCUMENTS:


At any time prior to the dead line for submission of bid, the employer may for
any reason whether at his own initiative or in response to a clarification
requested by a prospective bidder modify the bid document by issuance of an
addendum. The addendum will be published on e-tender portal only for
incorporation in the bid and will be binding on them.

C. PREPARATION OF BIDS

10. LANGUAGE OF BID:


The language of bid shall be English.

11. DOCUMENTS COMPRISING THE BID:


The bid to be prepared by the bidder shall comprise of the form of bid and
appendices thereto, the Bid Security, the information on eligibility and
qualification. The completed bill of quantities and other such relevant
information and any other material required to be completed and submitted in
accordance with the instructions to bidders embodied in bid document and
standard contract document. The forms and the data provided in this document
shall be used without exception.

Contractor MADC
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12. BID PRICES:


The Bidder shall quote his offer in percentage above or below the
Estimated Cost as prescribed in Volume-III (Part B) of the bid document to
be submitted as per procedure set in Clause-18 of ITB.

a. The percentage quoted by the bidder shall include all the costs towards
executing and completing the works including remedying any defects
therein. The offer shall provide for all superintendence, labour, material,
plant, equipments and all other things required for work including all
taxes, duties, royalties, octroi and such charges except for the exemption if
any provided for the contract.
b. The percentage above or below quoted by bidder shall be valid for the
original contract period as well as during extensions if any duly granted
and shall not be subject to any other further adjustment by way of claim
except as detailed in Clause 13.8 of Conditions of Particular
Applications under Section-II Part-II (A).
c. The bid shall be exclusive of Royalty under Minor mineral Act 1968
payable directly to Revenue Department as per Rates in force. The Royalty
to be paid shall be reimbursed by Government or MADC, Ltd.

13. CURRENCIES OF BID AND PAYMENT:


All the prices and rates quoted by the bidder shall be entirely in Indian Rupees
only. All the payments shall be made in Indian Rupees only.

14. BID VALIDITY:


14.1 The bid shall be kept valid for a period of 120 days from the stipulated last
date for submission as mentioned in the Invitation of Bid (IFB) in Section II
of Volume I. The bid validity can be extended with mutual consent between
Contractor and Employer. The Overall key Personal, Machinery proposed for
the work and the bidders quoted price shall remain unchanged during the
period of validity mentioned as above. In case the bidder withdraws, modifies
or change his offer during validity period, the Bid security deposited by
Contractor shall be forfeited forthwith, without assigning any reason thereof.

Contractor MADC
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15. BID SECURITY:


15.1 The bidder shall furnish as a part of his bid security of Rs. (As per Bidding
Data in Section-II of Volume II).

15.2 The Bid Security to be furnished shall be in the form of Demand Draft/ any
nationalized / scheduled bank, in favor of Maharashtra Airport Development
Co. Ltd. payable at Nagpur / Mumbai before due date for submission of bid
(As per Bidding Data in Section-II of Volume II).

15.3 Any bid not accompanied by the Bid Security will be rejected.

15.4 In the event of his bid being accepted subject to provisions of the Sub Clause
15.5 below, the said amount if so requested by the bidder be appropriated
towards the amount of Performance security payable by successful bidder
under the conditions of contract.

15.5 If after submitting the bid or during the bid validity period if the bidder
withdraws his offer or modifies the same or if after acceptance of his bid fails
or neglects to furnish the performance security, without prejudice to any rights
and powers of the Employer here under or in law, the employer shall be
entitled to forfeit the full amount of Bid Security deposited by the bidder.

15.6 If the bidder does not accept the correction of the bid price, pursuant to Clause
26 of ITB, the bid security shall be forfeited.

15.7 In the event of bid being not accepted, the amount of Bid Security deposited
by the bidder shall unless it is prior thereto to forfeit under provision of Sub
Clause 15.5 above, be refunded to him on passing of receipt thereto without
any interest.
16. ALTERNATIVE PROPOSAL OF BIDDERS:
If asked for alternative proposal from bidders, the bidders shall submit the
offers that comply with the requirements of various stipulations of the bidding
document, requirements as indicated in the design criteria, drawings,
specifications, and technical scope of work. In this respect no alterations to the
requirements are permissible.

17. FORMAT AND SIGNING OF BID:


17.1 All pages of Bid documents in original shall be signed by a person or persons
duly authorized to sign on behalf of the Bidder, pursuant to Sub Clauses 4.3 of
FIDIC. All pages of the bid where entries or amendments have been made
shall be initiated by the person or persons signing the bid.

Contractor MADC
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17.2 The Bid shall contain no alterations or additions, except those to comply with
instructions issued by the Employer, or as necessary to correct errors made by
the bidder in which case such corrections shall be initiated by the person or
persons signing the bid.

17.3 At the time of executing the agreement, the successful bidder shall sign all
pages of bid document.

D. SUBMISSION OF BIDS - E-Tender

18. SEALING AND MARKING OF BIDS


18.1 The bid shall be submitted in two sealed envelopes marked Envelope No. 1
and Envelope No. 2 and shall be again put together in one common cover and
sealed. This sealed cover shall be marked on the left hand top corner “Bid for
the work of (As per Invitation for Bids (IFB) in Section-II of Volume II)”.
The full name and address of the bidder and the name of authorized agent
delivering the sealed cover containing the bid shall be written on the bottom
left hand corner. If submitted by post, the sealed envelope marked as above
shall be enclosed in another envelope properly addressed and shall be sent by
registered post acknowledgment due. The date and time of receipt of bid shall
strictly apply in all cases.
18.2 Contents of Technical Bid : shall contain the following documents which
shall be submitted through e-tender portal only.
a. Scanned From original & Digitally Signed copy of Bid Security in form
prescribed in Clause 15 of ITB.
b. Scanned From original & Digitally Signed copy of Certificate of
Registration as a Contractor in original (or a true copy duly attested) with
Government / Semi Government Organization, valid on the date fixed for
receipt of bids.
c. Scanned From original & Digitally Signed copy of Details of works
carried out by the bidders during last five years (Form F1 of Section VI)
d. Scanned From original & Digitally Signed copy of Details of other works
in hand and proposed to be completed / ongoing during next three years
(Form F2 of Section VI)
Contractor MADC
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e. Scanned From original & Digitally Signed copy of List of machinery


available with the bidder which will be available on this work (Form F3
of Section VI)
f. Scanned From original & Digitally Signed copy of processing fee as
prescribed in Bidding Data as per Section II of Volume I.
g. Scanned From original & Digitally Signed copy of List of technical
personnel employed by the bidder and who are likely to be available on
this work (Form F4 of Section VI).
h. Scanned From original & Digitally Signed copy of Activities work
schedule and proposed site organization (Form F5 of Section VI) to be
filled by bidders and proposed week wise target of work as per work plan
and preliminary site organization chart, description of relationship between
head office and site management.
i. Scanned From original & Digitally Signed copy of the documents for
qualifying criteria including liquid assets, annual financial turn over and
bid capacity as mentioned in Bidding Data in Section-II of Volume I.
j. Bid documents in Volume – I, Common Set of Deviations / Addendums
issued if any by MADC and correspondence relevant to this bid. The
bidder shall sign all the pages of Volume – I.
k. Scanned From original & Digitally Signed copy of the statement showing
the information regarding Litigation/ Arbitration during last five financial
years in which the bidder is involved, the parties concerned and disputed
amount. The present status of the case should also be submitted.
(Schedule-M of Section VI).
l. Scanned From original & Digitally Signed copy of Details of proposed
Sub contractor shall be furnished in Schedule ‘D’ attached in Section VI
Sample Form & Schedule.
m. Scanned From original & Digitally Signed copy of The declaration of the
contractor as per Para 6 of ITB in Form 7 of Section VI.
18.3 Contents of Financial Bid:- The financial bid shall contain the Volume – III
stating the bid offer by the bidder which shall be submitted through e-tender
portal only.

Contractor MADC
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18.4 The bidder shall quote his offer on the bid as prescribed in Volume-III at the
appropriate place of Volume-III. Bidder shall not quote his offer anywhere
directly or indirectly in Technical & Financial Bid except at appropriate place
in Volume-III of the bid document, otherwise bid will stand rejected.
MADC reserves right to withdraw the entire offer or delete any Part from the
scope of the work.

19. DEAD LINE OF SUBMISSION OF BID:

The bid shall be received by the (As per Bidding Data in Section-II of
Volume-II) at the address mentioned in IFB not later than (As per Bidding
Data in Section-II of Volume-II). The Employer may at his discretion extend
the dead line for submission of bid issuing an addendum in accordance with
Clause-9 of ITB in which case all rights and obligations of the employer and
bidders previously subjected to the original dead line shall therefore be
subjected to new dead line as extended.

20. LATE BIDS:


E-tender portal will not accept the late bids.

21. MODIFICATION AND WITHDRAWAL OF BID:

If after submission of the bid the bidder withdraws his offer or modifies the
same, without prejudice to any other rights and power of the Employer
hereunder or in law, the employer shall be entitled to forfeit the full amount of
the Bid Security deposited by bidder.

E. BID OPENING AND EVALUATION

22 BID OPENING:
22.1 The bids will be opened through e-tender portal only after the last date of
submission of bids.

22.2 The documents in the technical bid will be verified by the bid opening
authority to check their validity as per requirement. If any particular document
of any bid is either missing or does not meet the requirements specified then a

Contractor MADC
Page | 13

note to that effect will be made by the bid opening authority. After opening of
the technical bid the Employer will carry out the process of scrutiny and
analysis of various documents / data submitted in technical bid.

22.3 In case of lump sum Bid with Contractor’s alternative technical proposal, the
alternative technical proposal submitted in technical bid will be scrutinized to
confirm the requirements of technical specifications, design criteria and scope
of work. The financial bid of the bids will be opened of those bidders only,
whose alternative technical proposal is found to be as per the requirements of
various stipulations, technical specifications, design criteria and scope of
work.

22.4 The financial bids whose technical bid does not contain the specified
documents or any of the specified document is missing, will be separated out.
A note on the financial bid of such bids indicating the nature of deficiency will
be made. The financial bid of such bid shall not be opened and a note to that
effect will be made on the financial bid.

22.5 After the analysis and scrutiny of documents with respect to requirements of
bidding is over, then employer shall declare the outcome of scrutiny and shall
intimate the date and time of opening of financial bid to the qualified bidders.

22.6 On the specified date the financial bid of the successful bidder shall be opened
serially. The percentage above or below over the estimated cost of the
employer quoted by each bidder will be read out loudly by bid opening
authority for information of those present.

23. PROCESS TO BE CONFIDENTIAL:


After opening of the bids publicly, the information relating to the examination,
clarification, evaluation, comparison of bids and recommendations concerning
the award of contract shall not be disclosed to the bidders or other persons not
officially concerned with such process until the award of the contract to
successful bidder has been announced.

Any effort by a bidder to influence the employer in process of examination,


clarification, evaluation, comparison of bids and in decision concerning the
award of contract may result in rejection of bid.

24. CLARIFICATION OF BID:


To assist in examination, evaluation of bid, the employer may ask bidders
individually for clarification of their offer including break up of costs, reasons
Contractor MADC
Page | 14

in case of very high / very low offer. Such request shall be in writing and the
response shall also be in writing. But no change in the price or substance of
the bid shall be sought, offered or permitted except as required to confirm the
correction of the arithmetic errors discovered by the Employer in the
evaluation of the bids in accordance with Clause 27 of ITB.

25. BID LIABLE FOR REJECTION:


The bid is likely to be rejected if on opening, it is found that
a. The bidder has not strictly followed the procedure laid down for
submission of bid.
b. The bidder has proposed conditions, which are inconsistent with or
contrary to the terms and conditions specified.
c. Additions, corrections or alternation are made by the bidder on any page of
the bid document.
d. Any page or pasted slips are missing.
e. The bidder has not signed each page of the bid.
f. The bidder has specified any additional condition.
g. The bidder has not attached the addendum and documents to the main bid
form as stated in Clause 9 and Clause 18.2 of ITB.
h. In case the technical proposal of bidder who has quoted the lowest price
and who has satisfied other criteria is not conforming to the stipulations
made, the bidder without revising the cost shall modify the same to
conform to the stipulations. If the bidder refuses to modify this, then the
bid shall be treated as non-responsive and rejected.
i. The available bid capacity of the bidder shall be assessed by the formula
(As per Bidding Data in Volume II). The available bid capacity shall be
more than the cost of work quoted by the bidder. In case the bidder is not
satisfying the bid capacity, the bid shall be treated as non-responsive and
rejected.
j. The contractor shall submit detailed information about all completed and
ongoing works (Form F1 & F2 of Section VI). The Employer reserves
the right to inspect the sites of the completed ongoing works to ascertain

Contractor MADC
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the correctness of the information’s submitted by the bidder. If false


information is found to have been submitted, the bidders bid shall be liable
for rejection.

26. CORRECTION OF ERRORS:

26.1 Bids determined to be substantially responsive will be checked by the


Employer for any arithmetic errors. Errors will be corrected by the employer
as follows:
a. In case of lump-sum bid, if there is any discrepancy between the offer
quoted in figures and in words, the lower of the two will be treated as the
offer.
b. In case of percentage rate bid, if there is any discrepancy between the
percentage quoted in figures and in words, the lower of the two will be
treated as the offer.
c. In case of item rate bid, if there is any discrepancy between the rates in
figures and in words, the rate in words will govern and where there is
discrepancy between the unit rate and the line item total, resulting from
multiplying unit rate by the quantity, the unit rate as quoted will govern.
d. If there is any arithmetical error in totalling of individual items, the correct
total shall be computed by the employer and the same shall govern.

26.2 The amount stated in the bid will be adjusted by the employer in accordance
with the above procedure for the correction of errors and with the concurrence
of the bidder, shall be considered as binding upon the bidder.

26.3 If the bidder does not accept the corrected bid price, the bid will be rejected
and the bid security shall be forfeited in accordance with Sub Clause 15.6 of
ITB.

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27. EVALUATION AND COMPARISON OF BIDS


27.1 The Employer will evaluate and compare only the bids determined to be
substantially responsive in accordance with Clause 25 of ITB.
27.2 The Employer reserves the right to accept or reject any variation, deviation, or
alternative offer. Variations, deviations, alternative offers and other factors,
which are in excess of the requirements of the bidding documents or otherwise
result in unsolicited benefits of the Employer shall not be taken into account in
bid evaluation.
27.3 The estimated effect for the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract shall not be
taken into account in bid evaluation.

28. CORRUPT PRACTICE / FRAUDULENT PRACTICE


It is the Policy that the Employer requires all bidders, suppliers, and
contractors and contractors and their representatives observe the highest
standard of ethics during the procurement and execution of such contracts. In
pursuance of this policy, the Employer:

a) Defines, for the purposes of this provision, the terms set forth below as
follows:

i) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or


indirectly, of anything of value to influence improperly the actions of
another party:

ii) “fraudulent practice” is any act or omission, including a misrepresentation,


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

iii) “Collusive practice” is an arrangement between two or more parties


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

iv) “Coercive practice” is impairing, 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;

v) “Obstructive practice” is
i) Deliberately destroying, altering or concealing of evidence material to the
investigation or making false statements to investigators in order to materially
impede an investigation into allegations of a corrupt, coercive or collusive
practice; and/or threatening, harassing or intimidating any party to prevent it

Contractor MADC
Page | 17

from disclosing its knowledge of matters relevant to the investigation or from


pursing the investigation,
b) will reject a [proposal for award if it determines that the bidder recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices in competing for the contract in
question;
c) will sanction a firm or individual, including declaring ineligible, either
indefinitely or for a stated period of time, to be awarded a future contract in
MADC if it at any time determines that the firm has, directly or through an
agent, engaged in corrupt, fraudulent, collusive 4, coercive or obstructive
practices in competing for, or in executing, the contract;
d) If a bidder found guilty under such practices in MADC or any other Govt.
Organization tender in last 3 years will not be considered eligible for next 3
years.
e) Any agency whose contract has been terminated by MADC in last three years
for reason of non-performance shall not be allowed to participate in this
tender.
F. AWARD OF CONTRACT

28. AWARD CRITERIA


28.1 Employer will award the Contract to the bidder whose bid has been
determined to be substantially responsive in accordance with Criteria for
Evaluation of Bids clause 28 below.

28.2 DELETE

28.3 DECIDING AWARDS OF CONTRACT


The process of decision and award of the contract shall be as under:
a. Only bids that qualify pursuant to Clause 3 above shall be considered for
further evaluation. The Envelope No. 2 (i.e. Section-I of Vol. II: Price Bid)
of non-qualifying bids shall be returned unopened.
The decision of the Employer regarding the Technical Evaluation,
qualification and opening of bids shall be final and binding on all bidders
b. Bidders who qualify as aforesaid shall furnish detailed cost breakup / rate
analysis and any other clarification to the bids submitted by them as may
be requested by the Employer to evaluate the reasonableness of the bid.
c. The Bidder with lowest Bid Price will be invited for further negotiations as
may be necessary. If the negotiations with the firm are successful, the
award will be made to the Bidder at his Price Bid or at any price lower
than the Price Bid pursuant to the negotiations. If, however, it is seen that a
Contract with reasonable terms cannot be concluded with the Bidder with
the lowest evaluated bid, the Bidder with the second lowest evaluated bid
will be invited for negotiations. The process will be repeated until an
agreed contract is concluded.
Contractor MADC
Page | 18

d. The Employer reserves the right to reject any or all offers received from
the Bidders without assigning any reasons.

28.4 If the bid of the successful Bidder is imbalanced in relation to the Engineer's
estimate of the cost of work to be performed under the contract, the Employer
may require the Bidder to produce detailed price analysis to demonstrate the
internal consistency at those prices with the construction methods and
schedule proposed. After evaluation of the price analysis, the Employer may
require that the amount of the Performance Security set forth in Clause-31 of
ITB be increased at the expense of the successful Bidder to a level sufficient to
protect the Employer against financial loss in the event of default of the
successful Bidder under the contract.

29. EMPLOYERS RIGHT TO REJECT:


Notwithstanding the Clause-28 of ITB the Employer reserves the right to
accept or reject any bid, to cancel the bid process and reject all the bids at any
time prior to award of contract without there by incurring any liability to the
affected bidders or any obligation to inform affected bidders of the ground for
employer’s action.

30. NOTIFICATION OF AWARD:


Prior to the expiration of bids validity period or any such extended period, the
Employer will notify the successful bidder in writing by a registered letter/ by
e-mail that his bid has been accepted. This letter (herein after and in conditions
of contract called letter of acceptance) shall name the sum, which the
employer will pay to the Contractor as prescribed in the contract. This
notification of award will constitute formation of contract.
Upon furnishing the performance security by the successful bidder, in
accordance with the Clause 31 of ITB, the order to start work will be given.
The work order shall be accompanied by a true copy of the agreement bearing
the number under which it is registered in the office of the Maharashtra
Airport Development Co. Ltd.

31. PERFORMANCE SECURITY:


The successful bidder whose bid has been accepted will have to pay
performance security as per Contract Data in Section-II of Volume-II and as
per Sub Clause 4.2.1 of Conditions of Particular Application Part II (B).
Additional Performance security shall be submitted by the contractor as
per Volume II if the bid is found to be imbalanced.

________________ ____________________________
Signature of Bidder Authorized Signature (MADC)
Date: Date:

Contractor MADC
Page | 19

SECTION –II (PART-I)

CONDITIONS OF CONTRACT

NOTE:

1. The Conditions of Contract shall be the Conditions of Contract for


Construction for Building and Engineering Works Designed by the Employer,
General Conditions, Guidance for the Preparation Of Particular Conditions
Forms of Letter of Tender, Contract Agreement And Dispute Adjudication
Agreement (First Edition 1999 published by the Federation International Des
Ingenious Councils (FIDIC) (deemed to be included in the bid document),
modified and amended as shown in Part II, the Particular Conditions.

2. It is intended that Bidders shall purchase directly their own individual copies
of the General Conditions of Contract, as specified herein above.

_________________ ____________________________________
Signature of Bidder Authorized Signature (MADC)
Date: Date:

Contractor MADC
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SECTION –II (PART-II)

CONDITIONS OF CONTRACT

NOTE

1. This Bid Document is comprised in full of Part II (B), the Conditions of


Particular Application of the FIDIC Conditions of Contract that shall be
applicable to the proposed works.

2. The Conditions of particular application are amendments and additions to the


General Conditions of Contract referred to in Para1. Some Clauses in these
sections are amended to the General Conditions of Contract and carry the
number of clause/sub clause, which they stand amended to that extent.

________________ ______________________
Signature of Bidder Authorized Signature (MADC)
Date: Date:

Contractor MADC
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SECTION-II PART-II (A)


CONDITIONS OF PARTICULAR APPLICATION

CLAUSE-1
DEFINITIONS:
Sub Clause: 1.1.2.2 The Employer is VC & MD, Maharashtra Airport Development
Co. Ltd., Mumbai.
Address : 8th Floor, World Trade Centre,
Cuffe Parade,
Mumbai-400 005
Telephone No : (022) 49212121
Fax No : (022) 2216 3814
E-mail ID : contact@madcindia.org

Sub Clause: 1.1.2.4 The Engineer is Executive Engineer, MADC, Nagpur or any
other firm / person nominated by VC & MD, MADC
Address : Central Facility Building-B Wing (North) 1st floor,
MIHAN, SEZ, Khapri, Railway, Nagpur- 441108

Telephone No. : 0712 - 2815650


Fax No. : 0712 - 2815601
E-mail ID : jmd@madcindia.org

Sub Clause: 1.1.2.6 The Employer’s personnel is Executive Director (Tech)


Address : 8th Floor, World Trade Centre,
Cuffe Parade,
Mumbai-400 005
Telephone No: (022) 49212121
Fax No: (022) 2216 3814
E-mail ID : contact@madcindia.org

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The following additional words and expressions shall have the meanings assigned
to them, except where the context otherwise required:
i) Corporations or Department shall mean the Successors in office and assigns.
ii) The “Vice Chairman and Managing Director” shall mean the official who is
designated as the employer for the time being.
iii) The “Engineer” shall mean PMC or any other representative of MADC,
Nagpur or any other firm / person nominated by VC & MD, MADC.
iv) A “Day” shall mean a day of 24 hours from midnight to midnight irrespective
of number of hours worked in that day.
v) A “Week” shall mean 7 consecutive days without regard to the number of
hours worked in any day in that week.
vi) Month and Year and all dates shall be as per the Gregorian calendar time
referred to shall be Indian Standard Time.
vii) The “Site” shall mean the lands and / or other places, on, under, in or through
which the work is to be executed under the contract including any other
lands or places which may be allotted by the Department or used for the
purpose of contract.
viii) “Urgent Works” shall mean any measures, which in the opinion of
Engineer becomes necessary during the progress of the work to obviate
any risk or accident of failure or which becomes necessary for security of
the work or the persons working thereon.
ix) “Lead Firm” shall mean the firm acting as lead firm representing the joint
venture duly supported by Power of Attorney.
x) Works: Works shall mean Renewal of Asphalt Roads in MIHAN SEZ Area at
Nagpur
xi) “MADC” shall mean Maharashtra Airport Development Company Ltd.
xii) “GC” shall means General Conditions of Contract
xiii) “SC” shall mean Special Conditions of contracts
xiv)“ICAO” Shall means International Civil Aviation Organization

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Sub Clause 1.1.3.3 Time for Completion


The completion period for this work shall be as per the Contract Data mentioned in
Section-II of Volume-II.

Sub Clause 1.1.3.7 Defects Notification Period


The Defect Liability Period shall be as per the Contract Data mentioned in Section-
II of Volume-II.

Sub Clause 1.1.3.10 Contract Period


The Contract Period means the period from commencement date to the date upto
defect liability period after the date on which the whole of the works have been
completed as certified by the Engineer under Clause-10.

Sub Clause 1.3 Transmission System


In writing and delivered by hand (against receipt), send by courier or by electronic
transmission system as stated in section II of Volume- II

Sub Clause 1.4 Law and Language


a) Language: - The languages are English and the local language of Maharashtra
India. The ruling language is English.
b) Law: - The contract shall be governed by and construed in accordance with
the law of India and no suit or other proceeding relating to the contract shall
be filed or taken by the Contractor in any court of law except in the High
Court of Mumbai which shall have exclusive jurisdiction to hear and
determine all actions and proceedings in connection with and arising out of the
contract and the Contractor shall submit to the jurisdiction of the aforesaid
court of law for the purpose of any such action and proceedings.
c) The Customs and Security Requirements: - The Contractor shall comply
with all regulations for the time being imposed by the Customs and Post
Security Authorities in respect of the passage of plant, vehicles, materials and
personnel through custom barriers.

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Sub Clause 1.5 Priority of Documents


The documents forming the contract are to be taken as mutually explanatory of one
another. If there is an ambiguity or discrepancy in the documents, the Engineer shall
issue any necessary clarification or instruction to the Contractor and the priority of the
document shall be as follows:
1. The Contract Agreement
2. Common Set of Deviations / Addendums issued by MADC and
correspondence relevant to this bid.
3. Conditions of Particular Applications
4. Special Conditions of Contract.
5. General Conditions of Contract.
6. Design Criteria
7. The letter of Acceptance.
8. General Technical Specifications
9. Supplementary Technical Specifications.
10. The Contractors alternate Technical Proposal if any
11. BOQ (Bill of Quantities)
If an ambiguity or discrepancy is found in the documents/drawings, the
Engineer shall issue any necessary clarifications or instructions.
Sub Clause 1.8.1 As-Built Drawings -DELETE
On the basis of all drawings relating to the work the Contractor shall prepare As-Built
Drawings using the computing software AutoCAD to record the precise details of the
work complete.
A copy of the AutoCAD drawings shall be provided to the Engineer on a monthly
basis for approval and to record all details relating to progress and developments. The
final copy of the AutoCAD drawings shall be provided on CD at the time of issue of
the Statement of Completion. Failure to provide within 60 days of completion project,
the amount will be withheld as per Contract Data in Section-II of Volume-I.
Sub Clause 1.8.2 Video and Photography.
The Contractor shall also arrange to take photographs including video movie as
directed by the Engineer, depicting various details and stages of progress of works
and submit them in duplicate in proper albums for records. Each RA bill should be
attached with photos separately for the work done in that period. And prior to this,
actual condition of building shall also be captured before start of work. No any extra
payment will be made to contractor for providing this.

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Sub Clause 1.12.1 Details to be Confidential


The Contractor shall treat the details of the Contract as private and confidential, save
in so far as may be necessary for the purposes thereof, and shall not publish or
disclose the same or any particulars thereof in any trade or technical paper or
elsewhere without the previous consent in writing of the Employer or the Engineer. If
any dispute arises as to the necessity of any publication or disclosure for the purpose
of the contract the same shall be referred to the Employer whose determination shall
be final.

CLAUSE 3
Sub Clause 3.1.1 Engineers Duties and Authority
The Engineer shall obtain the specific approval of the Employer before carrying out
his duties in accordance with the following Clauses of Part 1:
(a) Clause 8
(b) Clause 14
Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion
of the Engineer an emergency occurs affecting the safety of life or of the works or of
adjoining property, he may, without relieving the Contractor of any of his duties and
responsibilities under the contract, instruct the Contractor to execute all such work or
to do all such things as may, in the opinion of the Engineer, be necessary to abate or
reduce the risk. The Contractor shall forthwith comply, despite the absence of
approval of the Employer, with any such instruction of the Engineer. The Engineer
shall determine an addition to the Contractor Price, in respect of such instruction in
accordance with Clause 14 and shall notify the Contractor accordingly, with a copy to
the Employer.

Sub Clause 3.1.2: Approval from the Employer


The Engineer shall obtain prior approval from The Employer in respect of
a. Approving subletting of the work.
b. Granting claims to the Contractor.
c. Ordering suspension of the work.
d. Determining an extension of time.

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e. Waiving off the penalty and arranging the repayment of compensation for
delay.
f. Issuing of variation order.
g. Ordering any work/test beyond the scope of the contract.
h. Determining rates for the extra items / extra work from
i. Any variations in the contract condition from.
j. Approval to designs and working drawings.
k. Issuing a variation under Clause 13 except if such variation would be within
the limits as indicated below:-

I. Variation in individual BOQ Items: The ‘Engineer’ is authorized to issue


variation order upto 25% of the value of individual item or 1% of contract
value whichever is less.
II. New items (Non-BOQ items): Before issuing orders to execute new items of
work (non BOQ items), ‘Engineer’ shall obtain technical approval from
Employer.
III. Subject to provision under (a) & (b) above, the ‘Engineer’ is authorized
to issue cumulative variations upto a limit of 10% of the original contract
value (less negative variations/savings). The overall limit shall apply
collectively on all BOQ items as well as non-BOQ items and shall include all
the variations issued till that point of time including those approved otherwise
than by the Engineer. The overall limit shall be exclusive of escalation

Sub Clause 3.1.3: Duties of Engineer representative


The duties of the Engineer’s Representative are to watch and supervise the work and
to test and examine any materials to be used, workmanship employed in connection
with the works, upkeepment of Quality Control Records, day to day record of
measurements, recommendation of bills of payments, coordination in between
Employer and Contractor, reporting progress as required by the Employer. Running
bills submitted shall be signed by the Engineer-In-Charge for every item recorded in
MB as (M&R by me). Approval to each activity of construction in writing on
requisition form is necessary.
Sub Clause: 3.1.4: Maintenance of Record
1. All the bills submitted (i.e. RA bill / final bill) shall be well binded with covering
page indicating name of works, contractor name, RA Bill No., Tender No., Period
of RA Bill.
2. The Engineer shall maintain all the records till the completion of defect liability
period and or till the claims and court matters pertaining to the work are settled
whichever is later.
Contractor MADC
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CLAUSE 4
Sub Clause 4.1.1: Maintenance of the Records by the Contractor
The Contractor shall maintain all the records till the completion of defect liability
period and or till the claims and court matters pertaining to the work are settled
whichever is later.
Sub Clause 4.2.1: Source of Performance Security
The performance security, amounting rupees (as per Contract Data in Section-II of
Volume-I) submitted by the Contractor in accordance with Sub Clause 4.2, shall be
either in the form of demand draft drawn on any nationalized/scheduled bank, in the
name of MADC Mumbai, payable at Mumbai or in the form of bank guarantee
furnished by Nationalised Bank or State Bank of India, or Banks promoted by all India
Financial Institutions including HDFC, issued from its any branch in Maharashtra
State. The terms and conditions for submitting the Performance Security shall be
furnished within 15 days from the date of issue of acceptance letter else. The
contractor will be liable for action as per Sub Clause 15.5 of IBT Section-I of Volume-
I and action as per Clause 15.1.1 of Conditions of Particular Application Part II (B).
The Performance Security submitted shall be valid till completion of defect liability
period. The performance security will be released after successful completion of works
and rectification of defects during defect liability period. In case contractor fails to
rectify the defects during defects during defect liability period, MADC will carry out
the works at contractor’s risk and cost .the cost along with Administrative charges of
12% will be recovered from the performance security. Additional Performance
Security shall be submitted by Contractor as per appendix to tender (Contract Data)
Section II-B, if bid found imbalance.
Sub Clause 4.3.1: Contractor's Representative
The Contractor shall supply to the Engineer the details of all the Supervisory and other
staffs employed by the Contractor and notify changes when made and satisfy the
Engineer regarding the quantity and sufficiency of the staff thus employed. The
Engineer will have the unquestionable right to ask for changes in the quality and
number of Contractor's Supervisory staff. The Contractor shall comply with such
orders and effect replacement to the satisfaction of the Engineer.

Sub Clause 4.4.1 Sub Contracting


The Contractor shall not subcontract more than fifty percent of the contract value.
In the extreme circumstances and to the satisfaction of MADC, the contractor may be
allowed to change the contractor, but of the same capacity and credential as declared
in the technical bid.

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Sub Clause 4.7: Setting out


The Contractor shall be responsible for:
a) The accurate setting- out of the works in relation to original points, lines and
levels of reference given by the Engineer in writing,
b) The correctness, subject as above mentioned, of the position, levels
dimensions and alignment of all parts of the Works, and
c) The provisions of all necessary instruments, appliances and labour in
connection with the foregoing responsibilities.
If, at any time during the execution of the works, any error appears in the position,
levels, dimensions or alignment of any part of the works, the Contractor, on being
required so to do by the Engineer, shall, at his own cost, rectify such error to the
satisfaction of the Engineer, unless such error is based on incorrect data supplied
in writing by the Engineer, in which case the Engineer shall determine an addition
to the Contract Price in accordance with Clause 13.1 and shall notify the
Contractor accordingly, with a copy to the Employer.

The checking of any setting- out or of any line or level by the Engineer shall not
in any way relieve the Contractor of his responsibility for the accuracy thereof and
the Contractor shall carefully protect and preserve all bench- marks, sight-rails,
pegs and other things used in setting- out the Works. In addition to above the
checking at all the setting out of the proposed works relative to existing ground
features to be undertaken prior to the commencement of fabrication of structural
steel works for superstructures complete, including providing the facility for the
Engineer to undertake a timely check on this setting out and alerting the Engineer
to any likely problems foreseen.
The Contractor shall give to the Engineer not less than 48 hours of notice of his
intention to set out or give layout for any part of the works so that timely
assignment can be made for checking the same.

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Sub Clause 4.9.1: Working methods and Progress Schedules


a) The contractor shall submit within the time stipulated by the Engineer in
writing, the details of actual methods that would be adopted by the Contractor
for the execution of any item as required by the Engineer at each of the
locations, supported by necessary detailed drawings and sketches including
those of the equipment and machinery that would be used, their locations,
arrangements for conveying and handling materials etc. and obtain prior
approval of the Engineer well in advance of starting of such item of work.
The Engineer reserves the right to suggest modifications or make complete
changes in the methods proposed by the Contractor, whether accepted
previously or not, at any stage of work, to obtain the desired accuracy, quality,
safety and progress of work which shall be binding on the Contractor and no
claims on accounts of such change in methods of execution will be entertained
by the Employer, so long as specifications of the items remains unaltered.
b) The Contractor shall furnish sufficient plant, equipment and labour as may be
necessary to maintain the progress schedule. The working and shift hours for
operations to be done under the Employer supervision shall be such as may be
approved by the Engineer. They shall not be varied without prior approval of
the Engineer. The Contractor shall provide necessary lighting arrangements
etc. for night work, as directed by the Engineer without extra cost.
c) A work order book shall be maintained on the site and it shall be the property
of the Employer and the Contractor shall promptly sign orders given therein
by the Engineer or his authorised representatives to comply with them. The
compliance shall be reposted by the Contractor to the Engineer in good time
so that it can be checked. The blank work order book with machine numbered
pages in quadruplicate with perforated sheet for three copies to be detached
will be provided by the Engineer for this purpose. Whenever any instructions
are written in the work order book, the Contractor will be supplied the first
carbon copy.
d) The Contractor shall submit the progress of work in prescribed forms and
statements at periodical intervals in the form of progress charts, forms,
statements and / or reports as may be approved by the Engineer.

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e) The Contractor shall maintain proforma, charts, details regarding machinery,


equipment, labour, materials, periodical returns thereof as may be specified by
the Engineer.
f) Review Meetings: - The Contractor shall depute his representatives not below
the rank of Senior Resident Engineer to attend periodic review meetings
notified by the Engineer. The Engineer shall record business of meeting and is
to provide copies of same to those attending meeting and to the Employer.

Sub Clause 4.11.1: Sufficiency of bid


The Contractor shall be deemed to have satisfied himself as to the correctness and
sufficiency of the bid and of percentage above or below quote stated in the Bill of
Quantities, all of which shall, except in so far as it is otherwise provided in the
contract, cover all this obligations under the contract (including those in respect of the
supply of goods, materials, plant or services or at contingencies for which there is a
provisional sum) and all matters and things necessary for the proper execution and
completion of the work and remedying of any defects therein.

Sub Clause 4.13. Facilities


Land for temporary site office, site laboratory, parking yard, store yard, labour camp,
workshop shall have to be arranged by the contractor at his own cost. MADC will
extend help if necessary and so desired by the contractor by way of recommendation

Sub Clause 4.17. Contractors Equipments


All Contractor’s Equipment, Temporary works and materials owned by the
Contractor, or by any company in which the Contractor has a controlling interest,
shall, when on the site, be deemed to be the property of the Employer. Provided
always that the vesting of such property of the Employer shall not prejudice the right
of the Contractor to the sole use of the said Contractor’s Equipment, Temporary
works and materials for the purpose of the works shall not affect the Contractor’s
responsibility to operate and maintain the same under the provision of the contract.

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Sub Clause 4.18. Protection of the Environment.


The Contractor shall, throughout the execution and completion of the works and the
remedying of any defects therein 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 as a consequence of his
methods of operation.

Clause 4.19: Electricity Water and Gas


This clause is replaced as follows.
The contractor shall obtain his own supply of water, electricity, fuel etc. required in
connection of the work. The employer will grant effective assistance in obtaining such
supplies from the authorities concerned by way of recommendations.

Clause 4.20: Employer's Equipments and free issue material.


This clause is replaced as follows.
The contractor shall arrange his own machinery, equipment and material required for
the work. Employer shall not provide contractor any machinery, equipment &
material.

CLAUSE 6 Staff and Labour


Sub Clause 6.1. Engagement of Staff and Labour
The Contractor shall at his own expenses maintain sufficient experienced supervisory
& Engineering staff etc. required for the work and shall make his own arrangement
for housing such staff.

Sub Clause 6.4.1. Labour Laws


The Contractor shall employ labour in sufficient numbers either directly or through
subcontractors to maintain the required rate of progress and of quality to ensure
workmanship of the degree specified in the contract and to the satisfaction of the
Engineer.
a. The Contractor shall not employ in connection with works any person who has
not completed his eighteenth year of age.
b. The Contractor shall not recruit or attempt to recruit his staff and labour from
amongst persons in the service of the Employer or the Engineer.
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c. The Contractor shall furnish to the Engineer fortnightly distribution returns of


the number and description by category of works for which the labours are
employed.
d. The Contractor shall pay to the labour employed by him either directly or
through sub-contractors wages not less than fair wages as defined in the
Contractor Labour Regulations as contained hereinafter in regard to matters
provide therein.
e. The Contractor shall at all times indemnify the Employer against all claims,
damages of compensation under the provision of Payments of Wages Act
1948, Employer's Liability Act 1938, Industrial Dispute Act 1947, Maternity
Benefit Act 1961, Contract Labour (Regulation of Abolition) Act 1970 and
Inter State Migrant Workman (Regulation of Employment and Condition of
Services) Act 1979, or any modifications thereof or any other law relating
thereto and rules made there under from time to time, or as a consequence of
any accident or injury to any workman or other person in or about works,
whether in the employment of the contractor or not, save and except where
such accident or injury has resulted from any act of the Employer, their agents
or servants and also against all costs, charge and expenses or any suit action or
proceedings arising out of such accident or injury and against all sum or sum
which may with the consent of the contractor be paid to compromise or
compound any such claim without limiting his obligation and liabilities as
above provided the contractor shall insure against all claims, damages or
compensation payable under the Workmen’s Compensation Act 1923, or any
modifications thereof any other law relating thereto.
f. The Contractor shall indemnify the Department against any payment to be
made under and for the observation of the Regulation aforesaid without
prejudice to his right to claim indemnification from his Sub-Contractor.
g. The decision of the Engineer in matters relating to the reports from the
Inspecting Officers as defined in “Contractor – Labour Regulation”
(Contained hereinafter) shall be final and binding and deductions for recovery
of any amount payable to the Contractor.

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h. The Contractor shall be responsible for the return to the place from where they
were recruited or to their domicile of all such persons as he recruited and
employed for the purpose of or in connection with the contract and shall
maintained such persons as are to be referred in a suitable manner until they
shall have left the site.
i. The register of workmen and the register of wages cum muster roll required to
be maintained under these Regulation shall be preserved for 3 years after the
date on which the last entry is made therein.
j. On any question as to the application, interpretations or effect of these Rules,
the decision of the Chief Labour Commissioner or Deputy Labour
Commissioner shall be final and binding.

Sub Clause 6.4.2 Apprentices


a) The Contractor shall during the currency of the Contract, when called upon by
the Engineer, engage and also ensure engagement by Sub-Contractor and other
employed by the Contractor in connection with the works, such numbers
Apprentices in the categories mentioned in Clause 6.4.2 (C) and for such
period as may be required by the Engineer.
b) The Contractor shall train them as required under the Apprentice Act 1961 and
shall be responsible for all obligations of the Employer under the Act
including the liability to make payment to Apprentices as required under the
Act.
c) The number of Apprentices to be engaged in different categories shall be as
required under “Apprentices Act 1961” and rules and regulations made there
under and as amended from time to time.
d) The Contractor shall duly comply with the provision of the Apprentices Act
1961, the rules there under and the order that may be issued from time to time
under the said Act and said rules and on his failure or neglect to do so he shall
be subject to all the liabilities and penalties provided by the said ‘Act and said
Rules’.

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Sub Clause 6.4.3: Labour Regulations


Definitions: - In these regulation unless otherwise expressed or indicated the
following words and expressions shall have the meaning hereby
assigned to them.
a. ‘Labour’ would mean, “Workmen” as defined in Chapter 1 of the Contract
Labour (Regulation and Abolition) Act 1970 as amended from time to
time.
b. ‘Fair Wage’ means Wages, which shall include wage for weekly day of
rest and other allowances whatever for time or piece work taking into
consideration prevailing market rates for similar employment in the
neighbourhood and shall not be less than the minimum rates of wages
fixed under Minimum Wages Act.
c. ‘Contractor’ for the purpose of these Regulation shall include an agent or
sub-contractor employing labour on the work taken on Contract.
d. ‘Inspecting Officer’ means any Labour Enforcement Officer or Assistant
Labour Commissioner of the Chief Labour Commissioner Organization.
e. ‘Form’ means a form appended to these Regulations.
f. ‘Workplace’ means a place at which average 20 or more workers are
employed.
g. ‘Large Workplace’ means a place at which average 500 or more workers
are employed.

Sub Clause 6.5.1: Working hours


“Subject to any provision to the contrary contained in the Contract, the Contractor
shall have the option to work continuously by day and by night and on locally
recognized holidays, days of rest, provided that the contractors makes suitable
arrangements for the same and inform the Engineer well in advance. Provided further
that the rates and prices entered by the contractors in the Priced Bill of Quantities
shall include all costs and charges whatsoever involved in working outside normal
hours or holidays and on rest days.

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CLAUSE 7 Plan material and workmanship


Sub Clause 7.4.1:
Laboratory for Testing
The Contractor shall for the purpose of testing the material shall establish a field
Laboratory of adequate floor area and as approved by the Engineer. The Contractor
shall provide all equipments as per MORTH specification. (Orange book).

Sub Clause 7.4.2: Testing from Approved Laboratory


The material for which tests cannot be carried out at the field laboratory shall be
tested at the laboratory approved by the Engineer and in presence of the Engineer or
his Representatives, as per the frequency, out of which 30% shall be from
Government lab / Government Engineering collage & remaining70% shall be done in
field lab. In absence of field lab it should performed in Government lab / Government
Engineering collage. Payment for test will be done on receipt test report as per SSR
rates.
Sub Clause 7.9: Taxation (GST)
As per GST rules during contract period. The amount of CGST, SGST, IGST and
GST (compensation to state) as indicated in Tax Invoice shall be paid only when they
appear in GSTR-2B of MADC and the supplier has filled the valid return in
accordance with provision of GST Act and the rules made there under.
Sub Clause 7.9.1: Income Tax
Deduction of Income Tax shall be made from each certificate of payment as per the
relevant provision of the Income Tax Act or the rules framed there under as per the
advice of the Income Tax Authority.

Sub Clause 7.9.2: Foreign Taxation


The Tendered Amount by the Contractor shall include all the duties and other charges
(present as well as future) imposed outside the Employer’s country on the production,
manufacture, sale and transport of the Constructional Plant, Materials and Supplies to
be used on or furnished under the Contract and on the service performed under the
Contract.

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Sub Clause 7.9.3: Local Taxation


The Tendered Amount by the Contractor shall include all taxes, import duties and
other local taxes etc. except GST may be levied according to the laws and regulations
for the time being in force as on the date 30 days prior to the closing date for
submission of bids in the Employer's country on the construction plants materials and
supplies (both permanent, temporary and consumable) acquired for the purpose of the
contract and on the services performed under the contract. Nothing in the contract
shall relieve the Contractor from his responsibilities to pay any tax that may be levied
in the Employer's country on profits made by him in respect of the contract.

Sub Clause 7.9.4: Income Tax on Staff


The Contractor's staff personnel and labour will be liable to pay personal income
taxes in the Employer’s country in respect of such of their salaries and wages as are
chargeable under the laws and regulations for the time being in force and the
Contractor shall perform such duties in regard to such laws and regulations.

Sub Clause 7.9.5: Taxation (GST)


a. As the work is being carried out in MIHAN SEZ area, there is exemption for GST.
b. As the work is being carried out in MIHAN Non- SEZ area, there is GST as
applicable
c. Labour Cess as applicable
d. Stamp Duty for Agreement purpose will be borne by agency/ Contractor.

Sub clause 7.10: Goods brought to site


All goods brought to the site by the contractor shall have their origin in
eligible sources of the country.
Sub clause 7.11: Stamp Duty
The successful bidder whose bid has been accepted will have to pay stamp
duty amount as per norms for agreement in between bidder & MADC.

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CLAUSE 8
Sub Clause 8.2.1:
Time for completion
Time for completion shall be period as mentioned in Contract Data in Section-II of
Volume-II.

Sub Clause 8.3.1: Programme to be submitted


The time within which the programme shall be submitted shall be (as per Contract
Data in Section-II of Volume-II) days after the receipt of work order.

The Contractor shall furnish within the period stipulated in writing by the Engineer a
detailed programme schedule using suitable computerized technique along with the
soft copy of the same in quadruplicate indicating the date of actual start, the monthly
progress expected to be achieved and the anticipated completion data of each major
item of work to be done by him, also indicating dates of procurement and setting up
of materials, plant and machinery.

The schedule is to be such as is practicable of achievement towards the completion of


the whole work in the time limit and of the particular items, if any, on the due date
specified in the contract and shall have the approval of the Engineer. No revised
schedule shall be operative without such acceptance in writing. The Engineer is
further empowered to ask for more detailed schedule or schedules say weekly for any
item or items, in any case of urgency of work as will be directed by him and the
contractor shall supply the same as and when asked for.

The programme shall be accompanied by a detailed method statement defining the


Contractor’s methodology for construction backed with his proposals for construction
equipment planning and deployment duly supported with broad output calculations
and details of the quality control procedures proposed to be adopted, justifying his
capability of achieving the completion of work in accordance with the milestones
specified within the stipulated period of completion shall be submitted by the
Contractor as a part of programme to be submitted.

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Sub Clause 8.3.2:


Cash flow Estimate to be submitted.
The time within which the detailed cash flow estimate shall be submitted shall be (as
per Contract Data in Section-II of Volume-II) after delivery of work order.

Sub Clause 8.4.1: Extension of Time for Completion


Upto 5% increase in value of work, no extension of time shall be permissible. In case
of increase in quantity and value of work more than 5%, the extension of time shall be
determined by the Engineer and on the merits of the case.

Sub Clause 8.6.1: Rate of Progress


The progress of the work shall be observed and reviewed as per the milestone dates
mentioned in contract data in Volume-II.

Sub Clause 8.7.1: Liquidated Damages


The Contractor shall pay liquidated damages to the Employer as stated in the
Contract Data, if the completion date of any milestone is later than the intended
completion date of that milestone.
The total amount of liquidated damages shall not exceed the amount defined in the
Contract Data in Section-II of Volume-II. Payment of liquidated damages shall not
relieve the Contractor of his liability to complete the work in accordance with the
contract.

Sub Clause 8.7.2: Calculations of Liquidated Damages.


The Engineer shall calculate the amount of liquidated damages to be paid by the
Contractor for failure to achieve any milestone by the intended completion date. Any
short or excess payment of liquidated damages by the Contractor shall be adjusted by
the Engineer by suitably correcting the subsequent interim payment certificate.

The liquidated damages shall be levied for failure to reach, any or all of the
intermediate milestones as indicated in the Contract Data in Section-II of Volume-I
are not achieved. The liquidated damages thus recovered for failure to reach each
individual milestone will be refunded without interest, if the overall project is
completed in time.

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Sub Clause 8.7.3: Bonus


Deleted

CLAUSE 10
Sub Clause 10.3.1: Prevention from Testing
If the Contractor is prevented from carrying out the tests on completion by a cause for
which the Employer or the Engineer or other Contractors employed by the Employer
are responsible, the Employer shall be deemed to have taken over the works on the
date when the tests on completion would have been completed. But for such
prevention, the Engineer shall issue a Taking over Certificate accordingly, provided
always that the works shall not be deemed to have been taken over if they are not
substantially completed in accordance with the contract.

If the works are taken over under this sub-clause the contractor shall nevertheless
carry out the tests on completion during the Defects Liability period. The Engineer
shall require the tests to be carried out by giving 14 days notice.
Any additional costs to which the Contractor may be put, in making the tests on
completion during the Defects Liability Period shall be added to contract price.

CLAUSE 11
Sub Clause 11.1.1
Visit of Contractor during Defect Liability Period
Contractor would carry one inspection in every 3 months during the first year after
completion of the work and carry minimum 2 inspections per year for the remaining
years of Defect Liability Period.

CLAUSE 12
Sub Clause 12.2: Method of Measurements
Add at the end of this clause:
“The Engineer/Engineer’s Representative shall be responsible for ensuring that all
measurements are taken from the approved RFI as per specifications and drawings for
the Works and are recorded in the measurement book of the Employer.

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The Engineer/Engineer’s Representative (Team Leader) should ensure that he has


verified the measurements of not less than 10% of value in each bill and
countersigned the measurement books accordingly”.

CLAUSE 13
Sub Clause 13.1.1:
Valuations of Variations
All variations referred to in Clause 13.1 and any additions to the Contract price which
are required to be determined in accordance with Clause 13 (for the purposes of this
Clause referred to as “Variations & Adjustments”), shall be valued at the rates and
prices set out in the Contract if, in the opinion of the Engineer, the same shall be
applicable. If the Contract does not contain any rates or prices applicable to the
Variations & Adjustments, the rates and prices in the Contract shall be used as the
basis for valuation so far as may be reasonable, failing which, after due consultation
by the Engineer with the Employer and the Contractor, suitable rates or prices shall be
agreed upon between the Engineer and the Contractor. In the event of disagreement,
the Engineer shall fix such rates or prices as are, in his opinion, appropriate and shall
notify the Contractor accordingly, with a copy to the Employer. Until such time as
rates or prices are agreed or fixed, the Engineer shall determine provisional rates or
prices to enable on–account payments to be included in certificates issued in
accordance with Clause 14.
Sub Clause 13.1.2: Power of Engineer to fix Rates
Provided that if the nature or amount of any Variations & Adjustments relative to the
nature or amount of the whole of the Works or to any part thereof, is such that, in the
opinion of the Engineer, the rate or price contained in the Contract for any item of the
Works is, by reason of such varied work, rendered inappropriate or inapplicable,
then, after due consultation by the Engineer with the Employer and the Contractor, a
suitable rate or price shall be agreed upon between the Engineer and the Contractor.
In the event of disagreement, the Engineer shall fix such other rate or price as is, in
his opinion, appropriate and shall notify the Contractor accordingly, with a copy to
the Employer. Until such time as rates or prices are agreed or fixed, the Engineer shall
determine provisional rates or prices to enable on–account payments to be included in
certificates issued in accordance with Clause 14.
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Provided also that no Variations & Adjustments instructed to be done by the Engineer
pursuant to Clause 13 shall be valued under Sub Clause 13.1.1 or under this Sub
Clause unless, within 14 days of the date of such instruction and, other than in the
case of omitted work, before the commencement of the varied work, notice shall have
been given either:
(a) By the Contractor to the Engineer of his intention to claim extra payment or a
varied rate or price, or
(b) By the Engineer to the Contractor of his intention to vary a rate or price,
(c) Provided further that no change in the rate or price for any item contained in
the Contract shall be considered unless such item accounts for an amount more
than 1 percent of the Contract Price.
(d) In case of increase in the overall contract value due to increase in the
quantities of work is upto and including 25%, no separate claim for payment
shall be entertained. However, any increase beyond 25%, the client shall take
a decision whether or not to get extra work done from same contractor. If the
client so decides to execute the extra work by the same contractor, the rates for
such items shall be in accordance with the procedure laid down in the Clause
No. 13 of Sub clause 13.8 (Contract Data) in Section II of Volume II.
In case of decrease in the overall contract value due to decrease in the
quantities of work by more than 25 %, the rate for the quantity shall be fixed
on the basis of prevailing DSR of the region or by working out the rate for
such items which are not covered in the DSR, in accordance with the
procedure laid down in the Clause No. 13 of Sub clause 13.8 (Contract
Data) in Section II of Volume II.

Sub Clause 13.7: Adjustments for Changes in Legislation


No other changes in the Contract price shall be made except as provided in Sub

Sub Clause 13.8: Adjustment for Changes in cost


The amounts payable to the contractor and valued at base prices in accordance with
Schedule shall be adjusted for rises or falls in the cost of labour, materials, fuel,
cement, steel, and bitumen by addition or deduction of the amounts determined by the
formulae prescribed in this sub clause. To the extent that full compensation for any
rise or fall in costs to the contractor is not covered by the provisions of this or other
clauses in the contract, the Contract Price shall be deemed to include amounts to
cover the contingency of such other rise or fall in costs.

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General Variations in Price Index


The amount to be added to or deducted from the Interim Payment Certificates (IPC)
for changes in cost shall be determined from the following formula:
Vn = V1+V2+V3+V4+V5+V6
Where,
Vn = Amount to be added to or deducted from interim payment certificate
V1 - Amount to be added to or deducted from IPC for changes in cost due to labour
V2 - Amount to be added to or deducted from IPC for changes in cost due to material
V3 - Amount to be added to or deducted from IPC for changes in cost due to POL
V4 - Amount to be added to or deducted from IPC for changes in cost due to cement.
V5 - Amount to be added to or deducted from IPC for changes in cost due to steel.
V6 - Amount to be added to or deducted from IPC for changes in cost due to Bitumen.

As per Contract data Volume-II : (1) Labour Component (K1)


As per Contract data Volume-II : (2) Material Component (K2)
As per Contract data Volume-II : (3) Petrol Oil & Lubricant Component (K3)
Actual : (4) Bitumen / CRMB 55
Actual : (5) Steel Component (TMT Bars)
Actual : (6) Cement Component

I. Formula for Labour Component (V1) -


VI = 0.85 x (P – Cost of Base Materials) x K1 x C1-C0
100 C0
Where,
V1 = Amount to be added to or deducted from IPC for changes in cost due to labour
P = Cost of work done during the period under consideration.
K1 = Percentage of Labour component as stated in Contract Data.
C0 = Basic consumer price index for industrial workers for centre (as per Contract Data in
Volume-II) as per the Labour Gazette published by the Commissioner of Labour,
Government of Maharashtra on the date 30 days preceding the last date prescribed for
receipt for bid.
C1 = Average Consumer Price Index for industrial workers for centre (as per Contract Data in
Volume-II) as per the Labour Gazette published by the Commissioner of Labour,
Government of Maharashtra during the period under consideration.

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II. Formula for Material Component (V2) -


V2= 0.85 x (P-Cost of Base Materials) x K2 x I1 – I0
100 10
Where,
V2 = Amount to be added to or deducted from IPC for changes in cost due to material
P = Cost of work done during the period under consideration.
K2 = Percentage of Materials component as stated in Contract Data.
I0 = Basic wholesale price index prepared by the office of Economic Advisor, Ministry of
Industry, Government of India as published in Reserve Bank of India Bulletin on the date
30 days preceding the last date prescribed for receipt for bid.
I1 = Average wholesale Price Index prepared by the office of Economic Advisor, Ministry of
Industry, Government of India as published in Reserve Bank of India Bulletin during the
period under consideration.

III. Formula for Petrol, Oil & Lubricant Component (V3)


V3= 0.85 x (P-Cost of Base Materials) x K3 x P1 – P0
100 P0
Where,
V3 = Amount to be added to or deducted from IPC for changes in cost due to POL
P = Cost of work done during the period under consideration.
K3 = Percentage of Petrol Oil & Lubricant Component as stated in Contract Data.
P1 = Average price of H.S.D. for (as per Contract Data) during the period under consideration.
P0 = Average price of H.S.D. for (as per Contract Data) on the date 30 days preceding the last
date prescribed for receipt for bid.

IV Formula for Bitumen Component (V6) -


V6 QB x (B1 – BO)
V6 = Amount to be added to or deducted from IPC for changes in cost due to Bitumen.
QB = Quantity of Bitumen consumed during the period under consideration.
BO = Base rate of Bitumen as per the Contract Data in Section-II of Volume-I.
B1 = Official price of Bitumen of respective grade at H.P.C.L. refinery Mumbai for period under
consideration.
The base material shall be treated as HYSD/M.S. Steel, Cement and Bitumen unless
otherwise stated in the Contract Data in Section-II of Volume-I.
The cost of base materials will be worked out by quantity consumed of base material x
base rate given in the Contract Data in Section-II of Volume-II.

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Sub Clause 13.8.1 The following conditions shall prevail for adjustment of
changes in cost:
i) The operative period of the contract shall mean the period commencing
from the date of work order issued to the Contractor and ending on the
date on which the time allowed for the completion of the works
specified in the contract for work expires, taking into consideration the
extension of time, if any, for completion of the work granted by the
Engineer under the relevant clause of the Conditions of Contract in
cases other than those where such extension is necessitated on account
of default of the Contractor. The decision of the Engineer as regards the
operative period of the contract shall be final and binding on the
Contractor. Where any liquidated damages is levied on the contractor
on account of delay in completion or inadequate progress under the
relevant contract provisions, the price adjustment amount for the
balance of work from the date of levy of liquidated damages shall be
worked out by pegging the respective indices to the levels
corresponding to the date from which such liquidated damages are
levied.
The price variation under this clause shall not be payable for any
additional items required to be executed during the completion of the
work and also on the excess quantities of B.O.Q. items payable under
the provisions of Clause 13.1.2 of the contract respectively. Since the
rates payable for additional items or the extra quantities under Clause
13.1.2 are to be fixed as mutually agreed between the Engineer,
Employer and Contractor subject to yearly revision till completion of
such work. In other words, when the completion / execution of extra
items as well as additional quantities under Clause 13.1.2 of the contract
extends beyond the operative date of the contract then rates payable for
the same beyond that date shall be revised with reference to the current
market price prevalent at that time on year to year basis or revised in
accordance with mutual agreement thereon, as provided for in the
contract, whichever is less.

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ii) This clause is operative both ways, i.e. if the price variation as
calculated above is on the plus side, payment on account of the price
variation shall be allowed to the Contractor and if it is on the
negative side, the Employer shall be entitled to recover the same
from the Contractor and the amount shall be deductable from any
amounts due and payable under the contract.
To the extent that full compensation for any rise or fall in costs to
the Contractor is not entirely covered by the provision of this or
other clauses in the contract, the unit rate and prices included in the
contract shall be deemed to include amount to cover the contingency
of such other actual rise or fall in costs.

13.8.2 If secured advance is paid to the Contractor on any of the above base
materials as per Sub Clause 14.2.3, which is likely to be consumed in
reasonable time on the usual conditions, the escalation towards that supply
can be paid based on the above formula by considering price indices in the
month of supply for which the secured advance is paid.

CLAUSE 14
Add Sub Clause 14.2: Advance Payment (Mobilization Advance)
The Employer will pay mobilization advance to the Contractor if the same is
requested by the Contractor in writing within three months of the date of notice to
proceed with the work, towards mobilization in respect of the works in a lump sum
amount equivalent to as per Contract Data.
Payment of the advance will be due under separate certification by the Engineer after:
i) Execution of the form of agreements by the parties thereto,
ii) Provision by the Contractor of the performance security in accordance with
Clause 4.2,

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iii) Provision by the Contractor of one or more Bank Guarantees by Nationalized


Bank, State Bank of India, or Commercial Banks promoted by all India
Financial Institutions including HDFC from its any branch in Maharashtra
State in an aggregate amount equal to the advance. Such Bank Guarantee/
Guarantee to remain effective until the advance (part of the advance in case
the contractor has submitted more than one Guarantee) has been repaid by the
Contractor out of the current earnings and certified by the Engineer. A form of
Bank Guarantee acceptable to the Employer is indicated in this Bid
Documents. The advance shall be used by the Contractor exclusively for
mobilization in connection with the works. Should the Contractor
misappropriates any portion of the advance, it shall become due and payable
immediately and no further advance will be made available to the Contractor
thereafter. The mobilization advance shall carry simple interest as given in
Contract Data in Section-II of Volume-I.

14.2.1 Secured Advance


No machinery advance shall be paid. Advances for Procured Materials for the
Permanent Works. The Contractor shall be entitled to such sum as the
Engineer may consider proper in respect of materials intended for but not yet
incorporated in the Permanent Works provided that:
(a) The materials are in accordance with the Specification for the Permanent
Woks.
(b) Such materials have been delivered to site and are properly stored and
protected against loss or damage or deterioration to the entire satisfaction
of the Engineer.
(c) The Contractor’s Record of the requirement, orders, receipts and use of
materials are kept in a form a approved by the Engineer and such records
shall be available for inspection by the Engineer.
(d) The Contractor shall submit with his monthly statement, the estimated
value of the materials on site together with such documents as may be
required by the Engineer for the purpose of valuation of the materials and
providing evidence of ownership and payment therefore.
(e) Ownership of such materials shall be deemed to vest in the Employer; and
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(f) The sum payable for such materials on site shall not exceed seventy five
(75) percent of the related
i) CIF price of imported materials or
ii) Ex-factory / Ex-warehouse price of locally manufactured materials or
iii) Stockpile value of locally produced materials such as coarse
aggregates and crushed stone.
(g) The materials are of an imperishable nature.
(h) A formal agreement is drawn up with the Contractor under which the
Employer secure a lien on the materials and is safe-guarded against losses
due to the Contractor postponing the execution of the work or to the
shortage or misuse of the materials and against the expenses entailed for
their proper watch and safe custody. (Sample form enclose-Page no. 80)
(i) a) No advances are made for any materials unless they are to be used
within three months at the most, and
b) Material on which advance is made shall be consumed on the work
within three months from the date of advance. In case material remains
unutilized beyond 3 months the balance quantity shall be recovered in
next IPC.
(j) Recoveries of advances so made shall be made from the intermediate bills
for work done as the materials are used, the necessary deduction being
made whenever the items of work in which they are used are billed for.

14.2.2 Recovery of Advances


The mobilization advance and the accrued interest shall be repaid with
percentage deductions from the interim payments certified by the Engineer
under the Contract. Deductions shall commence in the next Interim Payment
Certificate following that in which the total of all such payments to the
Contractor has reached 15% of the Contract Price less Provisional Sums. The
mobilization advance and the interest shall be recovered in at the rate of 10%
of amount of IPC from interim payments. Failing such repayment the
outstanding advance / advances by that date shall be recovered by encashment
of the respective bank guarantee / guarantees mentioned above. The
Contractor may, at his option, repay the advance earlier by increasing the
percentage rate of deduction indicated above. If the Contractor furnishes more
than one Bank Guarantee, pursuant to the above provision, the Bank
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Guarantees will be released by the Employer one by one in such a manner that
the total amount of Bank Guarantees left in hand with the Employer will be
sufficient to cover the outstanding amount of advance and likely interest
thereon.
Sub Clause 14.3: Retention money.
The percentage of retention money to be deducted shall be as per Contract Data in
Section-II of Volume-II and the limit of Retention Money shall be as per Contract
Data in Section-II of Volume-II.
Sub Clause 14.6.1:
The minimum amount of Interim Payment Certificate shall be as per Contract Data
in Section-II of Volume-II.

Sub Clause 14.6.2: Advance Payment of IPC


In respect of Interim Payment Certificate the 75% of the amount of Interim Payment
Certificate excluding recoveries and deductions proposed by the Contractor will be
paid to him on production of bills pending the scrutiny by the Engineer. The
remaining balance payment will be made after certification by the Engineer and
scrutiny by the MADC. In such case the Clause 14.8 and 14.8.1 will not be applicable
for delayed payment of remaining balanced payment. However, this facility will be
withdrawn in respect of such agency which is found to be indulging in submitting the
bills in excess of the amount due to it.
shall be as per Contract Data in Section-II of Volume-II.

Sub Clause 14.8.1: Rate of interest on unpaid sums.


Rate of interest on unpaid sums shall be as per Contract Data in Section-II of
Volume-II.

Sub Clause 14.15: Currencies of Payment


The contract Price shall be paid in the currency or currencies named shall be as per
Contract Data in Section-II of Volume-II.

Sub Clause 14.16: Place of Payment


Payments to the Contractor by the Employer shall be made by cheque or demand draft
issued from employer’s office. Payment through RTGS may be made by the
Employer if the contractor ask for the same in writing.
Bidder need to submit “No Due Certificate” before finalization of final bill. If fail
same will not be proceed.
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CLAUSE 15 Termination by Employer


Sub Clause 15.1. Notice to Correct
In event of the Contractor fails to execute a Contract Agreement as required by Clause
1.6 hereof within twenty Eight (28) days after being required to do so by the
Employer in writing or to furnish a performance Bond or Guarantee in accordance
with Clause 4.2 hereof then the Employer shall be entitled (but not obliged) by notice
in writing to withdraw his acceptance of the Bid and such acceptance if so withdrawn
shall thereupon be void and shall be deemed to be as though it had never been given
and the Contractor shall have no claim against the Employer whether for damages,
specific performance of otherwise in respect of such acceptance or withdrawal.

Sub Clause 15.2: Termination by Employer


Last Para on Page 47 (OF FIDIC DOCUMENT) shall be read as follows:
“In any of these events or circumstances, the Employer may forthwith forfeit the
performance security and after giving 14 days notice to contractor enter upon the Site
and the Works and terminate the employment of the Contractor without thereby
releasing the Contractor from any of his obligations or liabilities under the Contract,
or affecting the rights and authorities conferred on the Employer or the Engineer by
the Contract, and may himself complete the Works or may employ any other
Contractor to complete the Works.”

Sub Clause 15.2(e): Delete the clause and substitute by


If the Contractor is deemed by law unable to pay his debts as they fall due or enters
into voluntary or involuntary bankruptcy, liquidation or dissolution (other than a
voluntary liquidation for the purposes of amalgamation or reconstruction), or becomes
insolvent, or makes an arrangement with, or assignment in favour of, his creditors, or
agrees to carry out the Contract values a Committee of inspection of his creditors, or
if a receiver, administrator, trustee or liquidator is appointed over any substantial part
of his assets, or if, under any law or regulation, relating to reorganization,
arrangement or readjustment of debts, proceedings are commenced against the
Contractor or resolutions passed in connection with dissolution or liquidation or if any
steps are taken to enforce any security interest over a substantial part of the assets of
the Contractor, or if any act is done or event occurs with respect to the Contractor or
his assets which, under any applicable law has a substantially similar effect to any of
the foregoing acts or events, or if the Contractor has Contravened Sub Clause 1.7, or
has an execution levied on his goods, or if the Engineer certifies to the Employer,
with a copy to the Contractor.

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Sub Clause 15.3 Valuation at date of termination


The Engineer shall, as soon as may be practicable after any such entry and
termination by the Employer, fix and determine ex-party, or by or after reference to
the parties or after such investigation or enquiries as he may think fit to make or
institute, and shall:
(a) what amount (if any) had, at the time of such entry and termination, been
reasonably earned by or would reasonably accrue to the Contractor in respect of
Work then actually done by him under the Contract, and
(b) The value of any of the said unused or partially used materials, any Contractor’s
Equipment and any temporary Works.
If the Employer terminates the Contractor’s employment under this Clause, he shall
not be liable to pay to the Contractor any further amount in respect of the Contract
until the Engineer shall determine the value of the work done up to the date of
termination of contract, less payments received, less other recoveries due in terms of
the Contract, less payment due, if any, under Clause 8.7, less taxes due to be
deducted at source as per applicable laws, less the percentage indicated in the
Appendix to Bid to apply to the value work not completed at BOQ rates plus the
variations already approved by the Engineer and less cost of remedying of any defects
in the works executed by the Contractor. If the Engineer determines that a sum is
payable to the Contractor, he will then be entitled to receive such sum from the
Employer. If the Engineer determines that a sum is due from the Contractor and
payable to the Employer, it shall be deemed a debt due by the Contractor to the
Employer and shall be recoverable accordingly.

CLAUSE 17 Risk and Responsibility

Sub Clause 17.2.1 Contractor’s care of work


All operations necessary for the execution and completion of the works and the
remedying of any defects therein shall, so far as compliance with the requirements of
the contract permits, be carried on so as not to interfere unnecessarily or improperly
with:
a. The convenience of the public, or
b. The access to use, and occupation of public or private roads or railway and any
other right of way and footpaths to or of properties whether in the possession of
the Employer or of any other person or any other departments.
The contractor shall save harmless and indemnify the Employer in respect of all
claims, proceedings, damages, costs, charges and expenses whatsoever arising out of,
or in relation to, any such matters insofar as the Contractor is responsible there for.

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Sub Clause 17.2.2 Approval for diversion/closure of road from concerned


authorities
“In case any operation connected with traffic necessitates diversion, obstruction or
closure of any road, existing road, railway or any other right of way, the approval of
the Engineer or the Engineer’s Representative and the concerned authorities shall be
obtained well in advance by the Contractor.”

Sub Clause 17.2.3 Permission for the movement of heavy loads


If it is found necessary for the Contractor to move one or more loads of heavy
constructional plant and equipment, materials of pre-constructed units or part of units
of work over roads, highways, bridges on which such oversized and overweight items
are not normally allowed to be moved, the Contractor shall obtain prior permission
from the relevant authorities. Payments for complying with the requirements, if any,
for protection of or strengthening of the roads, highway or bridges shall be made by
the Contractor and such expenses shall be deemed to be included in his bid price.

Sub Clause 17.5.1 Patent or copyright


Wherever the Contractor desired to use any design, device, materials or processes
covered by letters or patent or copyright for such use shall be secured by suitable legal
arrangement shall be filed with the Engineer if so desired by the later.

CLAUSE 18
Sub Clause 18.1: General Requirement for Insurance.
General Requirement for Insurance shall be as per Contract Data in Section-II of
Volume-II.

Sub Clause 18.3: Insurance against injury to persons and damage to property
Insurance against injury to persons and damage to property shall be as per Contract
Data in Section-II of Volume-II.

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Sub Clause 18.5 Insurance of Sub Contractors:


The Contractor shall ensure that similar insurance policies are taken out by his Sub
Contractor (if any) and shall be responsible for any claims or losses to Employer
resulting from their failure to obtain adequate insurance protection in connection
thereof. The Contractor shall produce or cease to be produced by his Subcontractors
(if any) as the case may be relevant policy or policies and premium receipts as and
when required by the Engineer.

Sub Clause 18.6 Third Party Insurance


Minimum amount of third party insurance shall be as per Contract Data in Section-
II of Volume-II.
Sub Clause 18.7 CAR & Workmen’s compensation policies
The contractor’s All Risks Insurance Policy, Workmen’s Compensation Insurance
Policy and Third Party Insurance shall be with the Government of Maharashtra
Insurance Fund only.

CLAUSE 19
Sub Clause 19.1 Force Majuro
(a) For the purposes of this contract, “Force Majuro” means an event which is
beyond the reasonable control of a party and which makes parties performance
of its obligations hereunder impossible or so impractical as reasonably to be
considered impossible in the circumstances, and includes, but is not limited to,
war, riots, civil disorder, earthquake, fire explosion, storm, flood or other
adverse weather conditions, strikes, lockouts or other industrial action (except
where such strikes, lockouts or other industrial action are within the power of
the party invoking Force Majuro to prevent), confiscation or any other action
by government agencies or by an order of any court of law.
(b) Force Majuro shall not include (i) any event which is caused by the negligence
or intentional action of a party or such party’s sub consultants or agents or
employees, nor (ii) any event which a diligent party could reasonably have
been expected to both [A] take into account at the time of the conclusion of this
contract and [B] avoid or overcome in the carrying out its obligations
hereunder.
(c) Force Majuro shall not include insufficiency of funds or failure to make any
payment required hereunder.

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CLAUSE 20 Claim Disputes & Arbitration

The following procedures shall be adopted in case of disputes or differences arising


between the Engineer and Contractor –

i) No Arbitration is allowed.

ii) In case of disputes or differences of opinion arising between the Engineer and
the Contractor, the Contractor shall refer the matter to the Engineer within 15
days of the rejection of the claim by the Engineer. The Engineer upon receipt
of such representation shall decide the matter within 15 days. In case the
Engineer’s decision is not acceptable the Contractor shall refer the matter to
the Vice Chairman and Managing Director, Maharashtra Airport Development
Co. Ltd. within 15 days of the decision of the Engineer. The Vice Chairman
and Managing Director shall decide the matter within 45 days upon receipt of
such representation. The decision of the Vice Chairman and Managing
Director shall be final and binding on the Contractor.

iii) Notwithstanding anything contained above, in so far as the specification and


Technical Provision of the Contract are concerned, the decision of the Vice
Chairman and Managing Director shall be final and binding on the Contractor.

iv) Notice to Employer


For the purpose of above Sub-clause the respective address is:

(a) (i) The Employer is Vice Chairman and Managing Director, Maharashtra Airport
Development Co. Ltd.,

Address : Maharashtra Airport Development Company Limited,


8th Floor, World Trade Centre, Cuffe Parade,
Mumbai - 400005
Telephone No. : 022-49212121/22
Fax No. : 022-2216 3814
E-mail ID : vcmd@madcindia.org

(ii) ED (Tech), MADC, Ltd.


Address : Maharashtra Airport Development Company Limited,
8th Floor, World Trade Centre, Cuffe Parade, Mumbai
– 400005

Contractor MADC
Page | 54

Telephone No. : 022-49212121/22


Fax No. : 022-2216 3814
E-mail ID : csgupta@madcindia.org

(iii) Chief Engineer, MADC (Ltd.)


Address : Central Facility Building-B Wing (North) 1st floor,
MIHAN, SEZ, Khapri, Railway, Nagpur-441108

Telephone No. : 0712-2815606


Fax No. : 0712-2815601
E-mail ID : jmd@madcindia.org

(b) (i) The Engineer is Superintending Engineer, MADC or any other firm / person
nominated by VC & MD, MADC
Address : Central Facility Building-B Wing (North) 1st floor,
MIHAN, SEZ, Khapri, Railway, Nagpur-441108

Telephone No. : 0712-2815626


Fax No. : 0712-2815601
E-mail ID : jmd@madcindia.org

________________ ____________________________
Signature of Bidder The Engineer (MADC)
Date: Date:

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PART-II-B
SPECIAL CONDITIONS OF CONTRACT / SUPPLEMENTARY
INFORMATION

The following conditions shall prevail:

1.0 (a) HANDING OVER OF WORK FRONTS:


The work fronts will be handed over to the contractor in phases as per the
availability of land to MADC and No financial claim on account of partial
handing over of work fronts will be admissible and the contractor will only be
given suitable Extension of Time for completing that work as deemed fit by
Employer / Engineer.

1.0 (b) CEMENT FOR WORKS


The Contractor shall make his own arrangement for cement. The cement shall
be OPC grade 43 / 53 for all the RCC works as approved by the Engineer. The
supply of cement shall be of approved brand by the Engineer. PPC Cement
may be used by the Contractor in case of acute shortage of OPC Cement for
items other than CD structures subject to condition that approved by
Engineer/Employer shall be obtained..

1.0 (c) REINFORCEMENT STEEL FOR WORKS


The Contractor shall make his own arrangement for Reinforcement Steel. The
Steel shall be of Fe-500 Grade for all the structural works of drains / CD
works etc. The supply of Steel shall be of approved brand either from
SAIL or RINL/Tata Steel/ Electro Steel casting as approved by the
Engineer.

2.0 ELECTRIC POWER SUPPLY


The Contractor shall submit his requirement of Electric Power Supply for
carrying out permanent works, operating plants and equipments, labour camp
and field offices etc., as a part of his work plan. The Employer / Employer’s
Representative will issue the necessary certificates, letters of recommendation
etc., to the contractor for obtaining the power supply. However, the employer
shall accept no responsibility for any delays in obtaining the power
connections. In addition, the contractor shall maintain standby diesel
generators of adequate capacity. Non-availability of electric power will not be
considered as a reason for delay in progress.

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3.0 WATER SUPPLY FOR CONSTRUCTION, LABOUR CAMPS,


OFFICES ETC.
The Contractor shall make all necessary arrangements for the procurement of
water required for construction and labour complete. The Employer /
Employer’s Representative shall issue the necessary certificates, letters of
recommendation etc., for obtaining the necessary permissions from concerned
department. The Employer / Employer’s Representative shall accept no
responsibility for delay in progress due to delay in obtaining the permissions.
The Contractor may drill bore wells as a source of construction water. The
water shall be got tested by the contractor at his own expense and certificates
regarding the suitability for the same for construction purpose shall be
submitted to the Engineer regularly as per specifications and frequency
requirements of the testing as per relevant IS code.
4.0 TELEPHONES / WIRELESS COMMUNICATION FACILITIES
These will be arranged by contractor at his own cost. The Employer /
Employer’s Representative shall give the necessary certificates and letters of
recommendation etc., to the contractor.
5.0 CONTRACTOR’S MATERIALS, LABOUR ETC.
The Contractor shall provide everything necessary (except for items to be
provided by the Employer specifically mentioned in the conditions) for the
proper execution of the works according to the intent and meaning of the
Drawings, Notes, Bill of Quantities and Specifications taken together, whether
the same is or is not particularly shown or described therein; provided the
same can be reasonably enforced there from. If the contractor finds any
discrepancy therein he shall immediately and in writing refer the same to the
engineer. The decision of the engineer shall be final and binding on the
contractor. Figured dimensions shall be followed and the drawings shall not be
scaled from.

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6.0 ENABLING WORKS


The Contractor shall supply, fix and maintain at his own cost during the
execution of works, all the necessary centering, and scaffolding, staging,
planking, timbering, strutting, shoring, pumping, fencing, hoarding, watching
and lighting by night as well as the necessary equipment for protection of
public and safety of any adjacent roads and railway lines. The contractor shall
remove any or all such centering scaffolding, staging planking and equipment
when ordered to do so by the engineer and make good all matters and things
disturbed during the execution of works to the satisfaction of the engineer.
7.0 WORK ORDER BOOK
A work order book shall be maintained on the work and the contractor / his
authorized representative shall acknowledge and sign the orders given therein
by the Engineer / Engineer’s Representative and the contractor / his authorized
representative shall comply with those instructions promptly and correctly
maximum within 2 weeks (14 days) time.
8.0 DISCOVERIES
In the event of discovery by the contractor or his employees, during the
progress of work, of any treasure, fossils materials or other articles of value of
interest, the contractor shall give immediate notice thereof to the Engineer of
such treasure or things which shall be the property of the Government of India
and shall not be removed by the contractor under any circumstances.
9.0 TEMPORARY DIVERSIONS, MAINTENANCE OF SAME AND
TRAFFIC MANAGEMENT
In addition to provisions made in the technical specifications, it is stipulated
that the contractor shall construct, maintain and carry out the traffic
management including safety features, for all temporary diversions
10.0 OPPORTUNITIES AND FACILITIES FOR OTHER CONTRACTORS
AGENCIES ETC.
The contractor shall, in accordance with the requirements of the Engineer
afford all reasonable opportunities for carrying out their work to any other
contractors employed by the Employer and their workmen and to the workmen
of the Employer and of any other duly constituted authorities who may be
employed in the execution on or near the site of any work not included in the
Contract or of any contract which the Employer may enter into in connection
with or ancillary to the works. If, however, the contractor shall on the written
request of the Engineer or Engineer’s representative make available to any
such other contractor or to the Employer or any such authority any roads or
ways for the maintenance of which the contractor is responsible or permit the
use of by any such of the Contractor’s scaffolding or any other plant on the
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Page | 58

site or provide any other service of whatsoever nature, for any such the
Employer shall pay to the Contractor in respect of such use of service such
sum or sums as shall in the opinion of the Engineer be reasonable.
11.0 ENVIRONMENTAL SAFEGUARDS
The Contractor shall take action of following points and note the stipulations
as under as regards environmental safeguards as stipulated by the Ministry of
Environment and Forests.
11.1 Appropriate measures shall be undertaken while undertaking digging activities
to avoid degradation of water quality.
11.2 Borrow pits and other scars created during the road construction shall be
properly levelled and treated.
11.3 Adequate provision for infrastructural facilities, i.e. water supply, fuel,
sanitation, etc. shall be ensured for labours during construction period in order
to avoid damage to the environment.
11.4 No excavation from or dumping of waste materials into any water body /
wetlands shall be done.
11.5 Borrow sites for earth, quarry sites for road construction and dump site shall
be identified keeping in view:
a) No excavation or dumping on private property is carried out without
written consent of the owner.
b) No excavation or dumping shall be allowed or wetlands, forests areas or
other ecologically valuable or sensitive locations.
c) The excavation work shall be done in consultation with soil conservation
and watershed development agencies working in the area:
d) Construction spoil including bituminous material and other hazardous
material must not be allowed to contaminate water course and the dump
sites for such materials must be identified well in advances before
construction and lined properly so that they do not leach into the ground
water.
11.6 The trees, which are necessary to be felled should be identified before hand
and necessary approval from the competent authority should be obtained for
felling the same. Sufficient number of trees of suitable species should be
planted in lieu of the trees felled.
11.7 A contingency plan shall be prepared to combat with accidents so that the
victims of accident can be provided immediate medical help. Some essential
equipment, building and other facilities may be required for the purpose.

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11.8 The Employer or any other competent authority may stipulate any other
condition for environmental safeguard, subsequently, if deemed necessary,
which should be compiled with.
11.9 The above mentioned stipulations shall be enforced among others under the
Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention
and Control of Pollution) Act, 1981 the Environment (Protection) Act 1986,
the Hazardous Chemicals (Manufacture, Storage and Import) Rule, 1989, the
Environmental Impact Assessment (EIA) Notification 1994 and its
amendment of May 1994, April 1997, January 2000, the Public Liability
Insurance Act 1991 and these rules amended under from time to time.
12.0 DELETED

13.0 REMOVAL / DIVERSION OF UTILITY SERVICE


If the over ground / underground utility services like electric poles, telephone
poles, water supply pipe lines, sewer lines, oil pipelines, cables, gas ducts etc.
owned by various authorities including Public Undertakings and local
authorities encountered during construction, the same shall be diverted by the
Contractor and will be reimbursed as per the estimate prepared by the
concerned department and approved by Employer. The work shall be carried
out under the supervision of concerned department. In case in the opinion of
the Engineer it is not possible to divert the utilities, the Contractor shall make
necessary modifications in the structure at no extra cost of the client.

14.0 TAXES

As per GST rules.

15.0 QUARRIES

The contractor will have to make his own arrangement of acquiring land for
quarries. The contractor shall carry out all quarrying operations without
endangering the environment and natural beauty of surrounding.

16.0 INSURANCE POLICY


If Contractor fails to submit the insurance Policy which is issued by
Government of Maharashtra Insurance Fund then, 1% of awarded cost will be
deducted from contractor’s running bill for non submission of insurance
policy.

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Annexure-AI
Salient features of some major Labour Laws applicable to establishments
engaged in Construction of Civil Works
(i) Workmen Compensation Act, 1923 or Amendment thereof
The Act provides for compensation in case of injury by accident arising out of
and during the course of employment.

(ii) Payment of Gratuity Act, 1972 or Amendment thereof


Gratuity is payable to an employee under the Act on satisfaction of certain
conditions on separation if an employee has completed 5 years service or more
or on death at the rate of 15 days wages for every completed year of service. The
Act is applicable to all establishments employing 10 or more employees.

(iii) Employees’ PF and Miscellaneous Provisions Act, 1952 or Amendment thereof


The Act provides for monthly contributions by the employer plus workers @10
% or 8.33 %. The benefits payable under the Act are:
(a) Pension or family pension on retirement or death as the case may be.
(b) Deposit linked insurance on the death in harness of the worker.
(c) Payment of PF accumulation on retirement/death etc.

(iv) Maternity Benefit Act, 1951 or Amendment thereof


The Act provides for leave and some other benefits to women employees in case
of confinement or miscarriage etc.

(v) Contract Labour (Regulation and Abolition) Act, 1970 or Amendment thereof
The Act provides for certain welfare measures to be provided by the Contractor
to contract labour and in case the Contractor fails to provide, the same are
required to be provided by the Principal Employer by Law. The principal
employer is required to take Certificate of Registration and the Contractor is
required to take a License from the designated Officer. The Act is applicable to
the establishments or Contractor of principal employer if they employ 20 or
more contract labour.

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(viii) Equal Remuneration Act, 1979 or Amendment thereof


The Act provides for payment of equal wages for work of equal nature to Male
and Female workers and not for making discrimination against Female
employees in the matters of transfers, training and promotions etc.

(ix) Payment of Bonus Act, 1965 or Amendment thereof


The Act is applicable to all establishments employing 20 or more workmen. The
Act provides for payments of annual bonus subject to a minimum of 8.33 % of
wages and maximum of 20 % of wages to employees drawing Rs. 3,500/- per
month or less. The bonus to be paid to employees getting Rs. 2,500/- per month
or above up to Rs.3, 500/- per month shall be worked out by taking wages as
Rs.2, 500/- per month only. The Act does not apply to certain establishments.
The newly set up establishments are exempted for five years in certain
circumstances. Some of the State Governments have reduced the employment
size from 20 to 10 for the purpose of applicability of the Act.

(x) Industrial Disputes Act, 1947 or Amendment thereof


The Act lays down the machinery and procedure for resolution of industrial
disputes, in what situations a strike or lock-out becomes illegal and what are the
requirements for laying off or retrenching the employees or closing down the
establishment.

(xi) Industrial Employment (Standing Orders) Act, 1946 or Amendment thereof


It is applicable to all establishments employing 100 or more workmen
(employment size reduced by some of the States and Central Government to
50). The Act provides for laying down rules governing the conditions of
employment by the employer on matters provided in the Act and get the same
certified by the designated Authority.

(xii) Trade Unions Act, 1926 or Amendment thereof


The Act lays down the procedure for registration of trade unions of workmen
and employees. The trade unions registered under the Act have been given
certain immunities from civil and criminal liabilities.
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(xiii) Child Labour (Prohibition and Regulation) Act, 1986 or Amendment thereof
The Act prohibits employment of children below 14 years of age in certain
occupations and processes and provides for regulation of employment of
children in all other occupations and processes. Employment of child labour is
prohibited in Building and Construction Industry.
(xiv) Inter-State Migrant Workmen's (Regulation of Employment and Conditions of
Service) Act, 1979 or Amendment thereof
The Act is applicable to an establishment which employs 5 or more inter-state
migrant workmen through an intermediary (who has recruited workmen in one
state for employment in the establishment situated in another state). The inter-
state migrant workmen, in an establishment to which this Act becomes
applicable, are required to be provided certain facilities such as housing,
medical aid, travelling expenses from home upto the establishment and back, etc
(vi) Minimum Wages Act, 1948 or Amendment thereof
The employer is supposed to pay not less than the Minimum Wages fixed by
appropriate Government as per provisions of the Act if the employment is a
scheduled employment. Construction of Buildings, Roads, and Runways are
scheduled employment.
(vii) Payment of Wages Act, 1936 or Amendment thereof
It lays down as to by what date the wages are to be paid, when it will be paid
and what deductions can be made from the wages of the workers.
(xv) The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 and the Cess Act of 1996 or Amendment
thereof
All the establishments who carry on any building or other construction work and
employs 10 or more workers are covered under this Act. All such establishments
are required to pay Cess at rate not exceeding 1% of the cost of construction as
may be notified by the Government. The employer of the establishment is
required to provide safety measures at the Building or Construction work and
other welfare measures, such as Canteens, First-aid facilities, Ambulance,
Housing accommodation for Workers near the workplace etc. The employer to
whom the Act applies has to obtain a registration certificate from the
Registering Officer appointed by the Government.

(xvi) The Factories Act, 1948 or Amendment thereof


The Act lays down the procedure for approval of plans before setting up a
factory, health and safety provisions, welfare provisions, working hours, annual
earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing 10
persons or more with aid of power or 20 or more persons without the aid of
power engaged in manufacturing process.
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Annexure-A II
Safety & Welfare Provisions for labour to be employed by the Contractor
All necessary personal safety equipment as considered adequate by the Engineer shall
be available for use of persons employed on the Site and maintained in a condition
suitable for immediate use; and the Contractor shall take adequate steps to ensure
proper use of such equipment by those concerned in accordance with updated
provisions under code.
1. Safety Provisions:
The Contractor shall comply with all the precautions as required for the safety
of the workmen.
(i) All workmen at site shall be provided with safety helmets and
yellow/orange jackets. Workmen required on site during night hours
shall be provided with fluorescent yellow jackets with reflective lopes.
(ii) Workers employed on mixing asphaltic materials, cement, lime
mortars, concrete etc. shall be provided with protective footwear,
protective goggles.
(iii) Those engaged in handling any material, which is injurious to the
eyes, shall be provided with protective goggles.
(iv) Those engaged in welding works shall be provided with welder's
protective eye-shield.
(v) Stone breakers shall be provided with protective goggles and
protective clothing and seated at sufficiently safe intervals.
Suitable scaffolds shall be provided for workmen for all work that
cannot safely be done from the ground, or from solid construction
except for such short period work as can be done safely from ladders.
When a ladder is used, an extra labourer shall be engaged for holding
the ladder and if the ladder is used for carrying materials as well,
suitable foot-holds and hand-holds shall be provided on the ladder,
which shall be given an inclination not steeper than 1/4 to 1.
(vii) Scaffolding or staging more than 3.25 metres above the ground or
floor, swung or suspended from an overhead support or erected with
stationary support, shall have a guard rail properly attached, bolted,
braced and otherwise secured at least 1 metre high above the floor or
platform of such scaffolding or staging and extending along the entire
length of the outside and ends thereof with only such openings as may
be necessary for the delivery of materials. Such scaffolding or staging
shall be so fastened as to prevent it from swaying from the support or
structure.

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(viii) Working platforms, gangways, and stairways shall be so constructed


that they do not sag unduly or unequally, and if the height of any
platform or gangway or stairway is more than 3.25 metres above
ground level or floor level, it shall have closely spaced boards, have
adequate width and be suitably provided with guard rails as described
in (ii) above.
(ix) Every opening in the floor of a structure or in a working platform shall
be provided with suitable means to prevent fall of persons or materials
by providing suitable fencing or railing with a minimum height of one
metre.
(x) Safe means of access and egress shall be provided to all working
platforms and other working places. Every ladder shall be securely
fixed. No portable single ladder shall be over 9 metres in length. The
width between side rails in a rung ladder shall in no case be less than
30 cm for ladders up to and including 3 metres in length. For longer
ladders the width shall be increased at least 6 mm for each additional
30 cm of length. Spacing of steps shall be uniform and shall not
exceed 30 cm.
(xi) Adequate precautions shall be taken to prevent danger from electrical
equipment. No materials on any of the sites shall be so stacked or
placed as to cause danger or inconvenience to any person or the
public. The Contractor shall provide all necessary fencing and lights to
protect the public from accidents and shall be bound to bear the
expenses of defending every suit, action or other proceedings at law
that may be brought by any person for injury sustained owing to
neglect of the above precautions and to pay any damages and costs
which may be awarded in any such suit, action or proceedings to any
such person or which may with the consent of the Contractor be paid
to compromise any claim by any such person.
(xii) Excavation and Trenching: All trenches, 1.5 metres or more in depth,
shall at all times be supplied with at least one ladder for each 20
metres in length or fraction thereof. Ladders shall be extended from
the bottom of the trench to at least 1 metre above the surface of the
ground. The sides of a trench, which is 1.5 metres or more in depth
shall be stepped back to provide a suitable slope, or be securely held
by timber bracing so as to avoid the danger of side collapse. Excavated
material shall not be placed within 1.5 metres of the edge of any trench
or half the depth of the trench, whichever is more. Excavation shall be
made from the top to the bottom. Under no circumstances shall
undermining or undercutting be done.

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(xiii) When workers are employed in sewers and manholes, which are in
use, the Contractor shall ensure that manhole covers are open and
manholes are ventilated at least for an hour before workers are allowed
to go into them. Manholes so open shall be cordoned off with suitable
railing and provide warning signals or boards to prevent accidents to
the public.
(xiv) Demolition: Before any demolition work is commenced and also
during the process of the work:

a) All roads and open areas adjacent to the work site shall either be
closed or suitably protected.
b) No electric cable or apparatus, which is liable to be a source of
danger other than a cable or apparatus used by operators, shall
remain electrically charged:
c) All practical steps shall be taken to prevent danger to persons
employed by the Employer, from risk of fire or explosion, or
flooding. No floor, roof or other part of a building shall be so
overloaded with debris or materials as to render it unsafe.
(xv) When work is performed near any place where there is risk of
drowning all necessary equipment shall be provided and kept ready for
use and all necessary steps taken for prompt first aid treatment of all
injuries likely to be sustained during the course of the work.

(xvi) Use of hoisting machines and tackle including their attachments,


anchorage and supports shall conform to the following:
(a) These shall be of good mechanical construction, sound material
and adequate strength and free from patent defects and shall be
kept in good working order be regularly inspected and properly
maintained.
(b) Every rope used in hoisting or lowering materials or as a means
of suspension shall be of durable quality and adequate strength,
and free from defects.
(c) For every hoisting machine and every chain hook, shackle,
swivel and pulley block used in hoisting, lowering or as means
of suspension, safe working load shall be ascertained by
adequate means. Every hoisting machine and all gear referred to
above shall be plainly marked with safe working load. In case of
a hoisting machine or a variable safe working load, each safe
working load and conditions under which it is applicable shall be
clearly indicated. No part of any machine or any gear referred to
in the paragraph above shall be loaded beyond safe working load
except for the purpose of testing

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(xvii) Motors, gearing, transmission, electric wiring and other dangerous


parts of hoisting appliances shall be provided with efficient
safeguards; hoisting appliances shall be provided with such means as
will reduce the risk of accident during descent of load to the minimum.
Adequate precautions shall be taken to reduce to the minimum risk of
any part of a suspended load becoming accidentally displaced. When
workers are employed on electrical installations which are already
energised, insulating mats, working apparel such as gloves, sleeves
and boots, as may be necessary, shall be provided. Workers shall not
wear any rings, watches and carry keys or other material which are
good conductors of electricity.

(xviii) All scaffolds, ladders and other safety devices mentioned or described
herein shall be maintained in a safe condition and no scaffold, ladder
or equipment shall be altered or removed while it is in use. Adequate
washing facilities shall be provided at or near places of work.

(xix) These safety provisions shall be brought to the notice of all concerned
by displaying on a notice board at a prominent place at the work
location. Persons responsible for ensuring compliance with the Safety
Code shall be named therein by the Contractor.

(xx) To ensure effective enforcement of the rules and regulations relating to


safety precautions, arrangements made by the Contractor shall be open
to inspection by the Engineer or his Representative.

(xxi) Notwithstanding anything contained in condition (i) to (xv) above, the


Contractor shall remain liable to comply with the provisions of all acts,
rules, regulations and bylaws for the time being in force in India and
applicable in this matter.
The Contractor shall be responsible for observance, by his sub-
contractors, of the foregoing provisions.

2. Labour Welfare Provisions:


The following provisions shall be in accordance with latest amendments of
respective codes:
(i) First Aid:
At every workplace, there shall be maintained in a readily accessible
place first aid appliances including an adequate supply of sterilized
dressings and sterilized cotton wool as prescribed in the Factory Rules
of the State in which the work is carried on. The appliances shall be
kept in good order and, in large work places, they shall be placed
under the charge of a responsible person who shall be readily available
during working hours.
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(ii) Accommodation for Labour:


The Contractor shall during the progress of the work provide, erect
and maintain necessary temporary living accommodation and ancillary
facilities for labour at his own expense to standards and scales
approved by the Engineer.

(iii) Drinking Water:


In every workplace, there shall be provided and maintained at suitable
places easily accessible to labour, a sufficient supply of cold water fit
for drinking. Where drinking water is obtained from an intermittent
public water supply each workplace shall be provided with storage
tanks where drinking water shall be stored.
Every water supply storage shall be at a distance of not less than 15
metres from any latrine, drain or other source of pollution. Where
water has to be drawn from an existing well, which is within such
proximity of any latrine, drain or any other source of pollution, the
well shall be properly chlorinated before water is drawn from it for
drinking. All such wells shall be entirely closed in and be provided
with a trap door, which shall be dust proof and waterproof. A reliable
pump shall be fitted to each covered well. The trap door shall be kept
locked and opened only for cleaning or inspection, which shall be
done at least once a month.

(iv) Washing and Bathing Places:


Adequate washing and bathing places shall be provided separately for
men and women. Such places shall be kept in clean and drained
condition.

(v) Scale of Accommodation in Latrines and Urinals:


There shall be provided within the precincts of every workplace,
latrines and urinals in an accessible place, and the accommodation,
separately for each for these, shall not be less than at the following
scale:

No. of Seats
2 (a) Where number of persons does not exceed 50

3 (b) Where number of persons exceed 50 but does


not exceed 100
3 (c) For additional persons per 100 or part thereof

In particular cases, the Engineer shall have the power to increase the
requirement, wherever necessary.
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(vi) Latrines and Urinals:


Except in workplaces provided with water-flushed latrines connected
with a water borne sewage system, all latrines shall be provided with
dry-earth system (receptacles) which shall be cleaned at least four
times daily and at least twice during working hours and kept in a
strictly sanitary condition. Receptacles shall be tarred inside and
outside at least once a year.
If women are employed, separate latrines and urinals, screened from
those for men and marked in the vernacular in conspicuous letters "For
women only", shall be provided. Those for men shall be similarly
marked "For men only". A poster showing the figure of a man and a
woman shall also be exhibited at the entrance to latrines for each sex.
There shall be adequate supply of water, close to latrines and urinals.
(vii) Construction of Latrines:
Inside walls shall be constructed of masonry or other non-absorbent
material and shall be cement- washed inside and outside at least once a
year. The dates of cement washing shall be noted in a register
maintained for the purpose and kept available for inspection. Latrines
shall have at least a thatched roof.
(viii) Disposal of Excreta:
Unless otherwise arranged for by the local sanitary authority,
arrangement for proper disposal of excreta by incineration at the
workplace shall be made by means of a suitable incinerator approved
by the local medical health and municipal or cantonment authorities.
Alternately, excreta may be disposed of by putting a layer of night
soils at the bottom of a pucca tank prepared for the purpose and
covering it with a 15 cm layer of waste or refuse and then covering it
with a layer of earth for a fortnight (when it will turn into manure).
The Contractor shall, at his own expense, carry out all instructions
issued to him by the Engineer to effect proper disposal of soil and
other conservancy work in respect of Contractor’s work-purpose or
employees on the site. The Contractor shall be responsible for
payment of any charges, which may be levied by municipal or
cantonment authority for execution of such work on his behalf.
(ix) Provisions of shelters during rest:
At every workplace, there shall be provided, free of cost, four suitable
sheds, two for meals and two others for rest, separately for use of men
and women labour. The height of each shelter shall not be less than 3
metres from floor level to lowest part of roof. Sheds shall be kept
clean and the space provided shall be on the basis of at least 0.5 sq.m.
per head.
(x) Crèches:
At a place where women are ordinarily employed, there shall be
provided at least one hut for use of children under the age of 6 years

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Page | 69

belonging to such women. Huts shall not be constructed to a standard


lower than that of thatched roof, mud floor and wall with wooden
planks spread over mud floor and covered with matting. Huts shall
be provided with suitable and sufficient openings, for light and
ventilation. There shall be adequate provision of sweepers to keep the
places clean. There shall be a maidservant in attendance. Sanitary
utensils shall be provided to the satisfaction of local medical, health a
municipal or cantonment authorities. Use of huts shall be restricted to
children, their attendants and mothers of children.
(xi) Canteen:
A cooked food canteen on a moderate scale shall be provided for the
benefit of workers wherever it is considered necessary.
(xii) Planning and erection of the above mentioned structures shall be
approved by the Engineer or his Representative and the whole of such
temporary accommodation shall at all times during the progress of the
Works be kept tidy and in a clean and sanitary condition to the
satisfaction of the Engineer or his Representative and at the
Contractor's expense. The Contractor shall conform generally to
sanitary requirements of local medical, health and municipal or
cantonment authorities and at all times adopt such precautions as may
be necessary to prevent soil pollution of the Site.
On completion of the Works, the whole of such temporary structures
shall be cleared away, all rubbish burnt, excreta or other disposal pits
or trenches filled in and effectively sealed off and the whole of the site
left clean and tidy, at the Contractor's expense, to the entire
satisfaction of the Engineer.
(xiii) Anti-malarial precautions:
The Contractor shall, at his own expense, conform to all anti malarial
instructions given to him by the Engineer, including filling up any
borrow pits which may have been dug by him.
(xiv) Awareness and Education of HIV/AIDS
The contractor shall provide/carryout HIV/AIDS awareness and
training programme `to its labour and management, at least twice per
year during the construction period.
(xv) Child Labour Prohibition
The contractor shall not employ Child Labour for any works or in any
manner under the Contract at any time. In the event that the Contractor
uses child labour, the Employer shall terminate the Contract.
(xvi) Amendments:
The Employer may, from time to time, add to, or amend these Rules
and issue such directions as it may be considered necessary for the
proper implementation of these Rules or for the purpose of removing
any difficulty, which may arise in the administration thereof.
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SECTION-III

SAMPLE FORM OF BID

(For Percentage Rate Bid)

Note:- This letter to be included in Volume-III and to be sealed as per CI. 17.4 of ITB

Name of Work:-

To,
The _________________
Maharashtra Airport Development Co. Ltd.
_____________________
(As per Invitation for Bid)

1. We have examined the Conditions of Contract, Specifications, Drawings bill


of quantities, the other schedules, the attached appendix and Addenda for the
execution of the above named work within the time specified. We the
undersigned, offer to execute and complete such works and remedy any
defects there in conformity with the conditions of Contract, Specifications,
Design, Drawings, Scope of work and addenda at the _________% in
figures as well as in word
(__________________________________________________
____________________________________________________________)
percentage below / above the estimated cost of work as per Bill of Quantities
in Volume III with the said conditions.

2. We acknowledge that the Volume I, Volume II, Volume III and Volume IV
together with any addendum and common set of deviations thereto form part
of Bid.

3. We undertake, if our bid is accepted, we will provide the specified


Performance Security to commence the Works as soon as is reasonably
practicable after the receipt of the Engineer’s notice to commence, and to
complete the whole of the Works in accordance with the above named
documents within the Time for completion.

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4. We agree to abide by this bid for the period of (as per Invitation for Bids
(IFB) in volume II) days from the date fixed for receiving the same and it
shall remain binding upon us and may be accepted at any time before the
expiration of that period. We acknowledge that the appendix forms the part
of this letter.

5. Unless and until a formal Agreement is prepared and executed for this bid,
together with your written acceptance thereof, shall constitute a binding
contract between us.

6. We understand that you are not bound to accept the lowest or any bid you
may receive.

Dated this ……………………………………………………2021

Signature ……………………………in the capacity of ……………………………

Duly authorised to sign bids for and on behalf of ………………………………

Address….…………………………………………………………………………

Occupation. …………………………………………..

(To be filled in by the Bidder, together with his particulars and date of submission at
the bottom of the form of Bid)

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SECTION-IV

SAMPLE FORM OF LETTER OF ACCEPTANCE

No.: Date:-
To,
----------------------------------------
----------------------------------------
----------------------------------------
-----------------------------------------
Subject:- (Name of Work)

Reference:- Your bid Dated ----------------------------

Dear Sirs,

This is notify that your bid dated ………………………… for ………………………


………………………………………………………………………………......………
For the Contact Price of Rupees ………………………. only
(Rs………..………………… ………………..………………………...……) Amount
in words and figures as corrected and modified in accordance with the instruction to
Bidders is hereby accepted.

You are hereby requested to furnish performance security in the form as detailed in
clause 4.2.1 of Particular Conditions of Volume I- Section II- part II of bid document
for an amount equivalent to Rs…………………………….. within 15 days of the
receipt of this letter of acceptance and sign the Contract, failing which action as
stated in para 15.5 of I.T.B will be taken.
Yours faithfully,

FOR M.A.D.C. Ltd.

Contractor MADC
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SAMPLE FORM OF WORK ORDER

No.: Date.:-
To,
__________________________
__________________________
__________________________
Subject.:- (Name of Work)

Reference.:- 1. __________________________________________________
2. __________________________________________________
Sir,
Your offer for Rs. ____________ (Rs. _________________________) only is
accepted by Corporation vide letter under reference no. 1.
You have submitted performance security deposit of Rs. ____________
(Rupees_______________________________only) in the form of Bank guarantee
vide your letter under reference no. 2.
The agreement for the work is also signed by your authorized signatory on dated.
________ Therefore, you are requested to commence the work immediately and
complete it within _____ (_____________________________________) Calendar
months including monsoon from the date of issue of this work order.
Certified copy of agreement (Agmt. No. _____________________________) is
enclosed herewith.
Encl.: - One Agreement Copy.

Yours faithfully,

FOR M.A.D.C. Ltd.

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SECTION-V
SAMPLE FORM OF CONTRACT AGREEMENT
(Agreement will be drawn separately on the stamp paper of Rs. 100/-
denomination)

AGREEMENT FOR the work of Construction of _______________ at


______________ Article agreement made in Mumbai this day of 20___ between
Maharashtra Airport Development Co. Ltd., a Government Company, incorporated
under the Companies Act, 1956 having its registered office at 8th Floor, World Trade
Centre, Cuffe Parade, Mumbai – 400 005. (Hereinafter called the Company which
expression shall, unless it be repugnant to the context or necessary thereof, include to
successor or successors or assign or assignee of) of the one part and
_______________(herein called the “Contractor”) of the other part.
WHEREAS
The Company desirous that the work known as _______________of providing and
having executed certain work mentioned, enumerated or (referred to in the Bid
Notice, Instructions to Bidders, General Conditions of Contract, Special Conditions of
Contract, Scope of Work, Specifications, Technical documents constituting the ‘BID’)
and has accepted the tender by the Contractor for execution and completion of these
works and remedying of any defects therein subject to conditions of the Contract.
AND WHEREAS
The Company accepted the bid of the Contractor for the provision and the execution
of the said work at _______. amount as stated in the bid subject to the conditions of
Contract.
AND WHEREAS
The Contractor has deposited with the Company the sum of Rs. ________ (Rupees
__________________________________________) being the Performance Security
deposit payable by them at the rate of ___________ of the Contract value and
undertakes to allow Company to make such deductions provided in the Contract from
the bill payable to them.

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NOW THIS AGREEMENT WITNESS AND IT IS HEREBY AGREED BY


BETWEEN THE PARTIES AND DECLARED AS FOLLOWS.

1. The document which forms part of the Contract will be the Bid Notice, General
Bid Notice including Corrigendum to Bid Notice, Volume - I, Volume - II,
Volume - III (Financial offer), Volume - IV (Specifications & Drawings),
Appendix to Tender, common set of deviations, addendums to bid, accepted
technical proposal, letters of correspondence for negotiation and letter of
acceptance thereof. It is further agreed that the work order/ letter of
commencement No. _______________ Dated _________shall construe the
Contract between the parties.

2. In consideration of the payments to be made to the Contractor for the work to be


executed by him, the Contractor shall duly provide, execute, complete the said
work on or before the dates mentioned in the time schedule of completion of work
attached to the Tender documents and shall maintain the same at his own cost
during the defects liability period thereafter and perform all such acts and things
in the Contract mentioned or described or which are to be implied there from or
may be reasonably necessary for the completion of the said works at the time and
manner subject to the terms and conditions stipulated in the Contract.

3. In consideration of the due provision, execution and completion of the said works,
the Company does hereby agree that the Company will pay to the Contractor the
respective amount for the work actually done by him as per the terms and
conditions of the Contract.

4. All disputes arising out of or in any way connected with this agreement shall be
deemed to have arisen in Mumbai and only the courts in Mumbai shall have
jurisdiction to try and adjudication over them.

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IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET AND


SUBSCRIBED THEIR RESPECTIVE HANDS AND SEALS TO THESE
PRESENTS IN DUPLICATED THE DAY AND YEAR FIRST MENTIONED
ABOVE.

SIGNED AND DELIVERED FOR AND ON


BEHALF OF MAHARASHTRA AIRPORT
DEVELOPMENT CO. LTD.

Signature
Designation

In the presence of :
1)____________________________ Address
_________________________________
2)___________________________ Address _________________________________

Signed and delivered for and on behalf of:


______________________________________Signature_______________________

In the presence of :
1)____________________________Address _______________________________

2)____________________________Address _______________________________

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SECTION-VI
FORM F1

DETAILS OF WORK EXECUTED DURING LAST FIVE YEARS BY THE


BIDDER
Name of bidder: ---

Sr. Name and Name of Tendered Time Cost of Cost of work


No address of work cost period for work yet to be done
organization executed tender done
for whom during
work is the years
carried out ($)

Rs. Lakh In months Rs. Lakh Rs. Lakh

1 2 3 4 5 6 7

( $ ) :- Preceding five years to be reckoned from the 31 st March of the


immediate last financial year.

Signature of Chartered Accountant of Bidder Signature of Bidder

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FORM F2

DETAILS OF WORKS IN HAND PROPOSED TO BE COMPLETED / ON


GOING
IN NEXT THREE YEARS BY THE BIDDER
Name of Bidder: -

Sr. Name and Name Place Tendered Time Date Cost of Cost of
No Address of of of Cost Period of work work to
the work work work completed be
Organization order On ( $ ) completed
for whom during
work is The years
being
carried out

Rs. Lakh Rs. Lakh

Rs. In
Lakh months
1 2 3 4 5 6 7 8 9

( $ ) :- 31st march of the immediate last financial year.

Signature of Chartered Accountant of Bidder Signature of Bidder

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FORM F3

LIST OF MACHINERY AVAILABLE WITH THE BIDDER WHICH WILL


BE USED ON THIS WORK
Name of Bidder:-

Sr. Name of No. Kind Capacity Age of Present Present Whether the
No Equipment of and Machinery condition Location machinery is
Units Make of with name hypothecated
Machinery and address to any bank
of or institution
organization
where
machinery
is in use

1 2 3 4 5 6 7 8 9

Signature of Bidder

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FORM F4

LIST OF TECHNICAL PERSONNEL AVAILABLE WITH THE


BIDDER TO BE APPOINTED ON THIS WORK
Name of Bidder :-

Sr. Name of Designation/Post Academic Qualifications Remarks


No. Person held/Status and Experience in
Similar Works

1 2 3 4 5

Signature of Bidder

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FORM – F5

ACTIVITY (WORK) SCHEDULE AND PROPOSED SITE


ORGANISATION
(To be submitted in MS Project or Primavera)
Week wise Program (in the form of a Bar Chart)

1st, 2nd etc are weeks from the start of work order
Sr. Item of 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
No. Activity
(Work)

1. Preliminary Site Organization chart.


2. Narrative Description of Site Organization chart.
3. Description of Relationship between Head Office and Site Management.

Note: Indicate clearly which responsibility and what authority have been delegated
to site management.

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FORM F6
QUALITY ASSURANCE REQUIREMENTS
ELEMENT OF QUALITY SYSTEM

The applicant(s) are required to provide details of their Quality Assurance Systems for
criteria stipulated below, preferably in the form of their Quality Manual to be
enclosed separately within 15 days of the acceptance of tender in case the system is
not finished in total, the extent to which it is completed and documented may be
submitted.

1. Management
1.1 Quality Policy
Responsibility
1.2 Organisation
a) Responsibility and authority
b) Resources
c) Management Representative
1.3 Management Review

2. Quality System
2.1 General Quality Manual
(ISO : 10013)
2.2 Quality System Procedure
2.3 Quality Planning

3. Contract Review
3.1 General Document Procedure
3.2 Review
3.3 Amendment to a Contract
3.4 Records

4. Design Control
4.1 General Document Procedure to DC
4.2 Design & Development Planning
4.3 Organization & Technical Inter Phases
4.4 Design Input
4.5 Design Output
4.6 Design Review
4.7 Design Verification
4.8 Design Validation
4.9 Design Charges

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5. Document & Data Control


5.1 General (Documented Procedures to Control Documents & Data)
5.2 Document & Data Approval and Issue
5.3 Document & Data Changes

6. Process Control
a) Documented Procedures
b) Suitable Equipment
c) Compliance of Quality Plan with respect to relevant codes.
d) Monitoring and Control of Indicator Properties.
e) Approval of Process and equipment
f) Workmanship

7. Inspection and Testing


7.1 General Documented for procedures equipment for inspection and testing
7.2 Receiving Inspection and Testing.
7.3 In – Process Inspection and Testing.
7.4 Final Inspection and Testing
7.5 Inspection and Test Records.

8. Inspection & Test Status.

9. Control of Non-conforming
9.1 General Product.
9.2 Review & Disposition of nonconforming product.

10. Corrective & Preventive


10.1 General Action
10.2 Corrective & Preventive
10.3 Preventive Action

11. Handling Storage.


11.1 General Packing, preservation
11.2 Handling and Delivering
11.3 Storage
11.4 Packing
11.5 Preservation
11.6 Delivery

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12. Control of Quality Records

13. Internal Quality Audits

14. Training

15. Servicing

16. Statistical Techniques


16.1 Identification of Need.
16.2 Procedures

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FORM 7
SAMPLE FORM OF
DECLARATION OF THE CONTRACTOR

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


conversant with the local conditions regarding all materials and labour of
which I /We have based my / our rates for this bid. The specification and leads
on this work have been carefully studied and understood before submitting
this bid. I / We undertake to use only the best materials approved by Engineer
or his duly authorized representative during execution of the work and to abide
by the decision.

SIGNATURE OF CONTRACTOR

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SAMPLE FORM OF BANK GUARANTEE FOR PERFORMANCE


SECURITY

In consideration of the Maharashtra Airport Development Co. Ltd. (hereinafter called


“the Employer”) having agreed to exempt ___________ (hereinafter called “the
Contractor”) from depositing with the Maharashtra Airport Development Co. Ltd. in
cash the sum of Rs._____________
(Rupees________________________________only) being the amount of
Performance Security payable by the Contractor to the Maharashtra Airport
Development Co. Ltd. under the terms and conditions of the Agreement/LOA dated
the ______ Day of ________20___ and made between the Maharashtra Airport
Development Co. Ltd. of the one part and the Contractor of the other part (hereinafter
referred to as “the said Agreement”) for ……… as security for due observance and
performance by the Contractor of the terms and conditions of the said Agreement, on
the Contract furnishing to the Maharashtra Airport Development Co. Ltd. a Guarantee
in the prescribed form of a Schedule Bank in India being in fact these presents in the
like sum of Rs_________(Rupees _________________________ Only).

We__________________Bank/Limited registered in India under


_________________ Act and having one of our Local Head Office at
_________________________ Do hereby :

1. Guarantee to the Maharashtra Airport Development Co. Ltd.:


a) Due performance and observance by the Contractor of terms, covenants and
conditions on the part of the Contractor in the said Agreement,

AND

b) Due and punctual payment by the Contractor to the Maharashtra Airport


Development Co. Ltd. of all sums of money, losses, damages, costs, charges,
penalties and expenses payable to the Maharashtra Airport Development Co.
Ltd. by the Contractor under or in respect of the said Agreement.

2. Undertake to pay to the Maharashtra Airport Development Co. Ltd. on demand


and without dispute or disputes raised by the Contractor(s) in any suit or
proceeding field in any court of tribunal relating thereto the said sum
Rs……………… (Rupees ……… only) or such lesser sum as may be demanded
by the Maharashtra Airport Development Co. Ltd. from us our liability hereunder
being absolute and unequivocal and agree that –

Contractor MADC
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3. a) The guarantee herein contained shall remain in full force and effect during the
subsistence of the said Agreement and that the same will continue to be
enforceable till all the dues of the Maharashtra Airport Development Co. Ltd.
under or by virtue of the said Agreement have been duly paid and its claims
satisfied or discharged and till the Maharashtra Airport Development Co. Ltd.
certifies that the terms and conditions of the said Agreement have been fully
properly carried out by the Contractor.

b) We shall not be discharged or released from the liability under this Guarantee
by reasons of :
(i) Any change in the constitution of the Bank or the Contractor;
(ii) Any agreement entered into between the Maharashtra Airport Development
Co. Ltd. and the Contractor with or without our consent;
(iii)Any forbearance or indulgence shown to the Contractor;
(iv) Any variation in the terms, covenants or conditions contained in the said
Agreement;
(v) Any time given to the Contractor; or
(vi) Any other conditions or circumstances under which, in law; a surety would be
discharged.

c) Our liability hereunder shall be joint and several with that of the Contractor as
if we were the principal debtors in respect of the said sum of
Rs.___________________(Rupees
_________________________________only).
We shall not revoke this guarantee during its currency except with the
previous consent in writing of the MADC.

4) Notwithstanding anything contained herein before our liability under this


guarantee is restricted to Rs._____________ (Rupees ______________
________________________________________) Our guarantee shall remain in
force upto _________. & claim period further one year (date) and we are liable to
pay the guarantee amount or any part thereof under this bank guarantee only and
only serve upon us a written claim or demand on or before ---------(up to claim
period)

IN WITNESS WHEREOF the Common Seal of _____________ has been hereunto


affixed this ______ Day of _________ 20 ____

The common seal of ________________was pursuant to the resolution of the


Board of Directors of the Company dated the ______ Day of _____ 20___ herein
affixed in the presence of ______________.who, in token thereof, have hereto set
their respective hands in the presence of -
1. _______________________________________________________________
2. _______________________________________________________________
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SAMPLE FORM FOR PROPERTY CONCERNS

Shri _________________________________________________________________
Son of _______________________________________________________________
Resident of ___________________________________________________________
Carrying on business of _________________________________________________
Under the name and style of _____________________________________________
At __________________________________________________________________
Hereinafter called “The Contractor” which expression shall where the context does
not so admit include his heirs, executors and administrators.

SAMPLE FORM FOR PARTNERSHIP CONCERNS

1. Shri______________________________________________________________
Son of _______________________________________________________________
Resident of ___________________________________________________________
And _________________________________________________________________
2. Shri ______________________________________________________________
Son of _______________________________________________________________
Resident of ___________________________________________________________
and carrying on business in partnership under the firm name and style of _________
_____________________________________________________________________
at ___________________________________________________________________
hereinafter collectively referred to as “the Contractor” (which expression shall where
the context does not so admit include them the survivors) of them, the heirs, executors
and administrators of the last survivor the partners or partner for the time being of the
said firm of
_________________________________________________________________
(*) In case of Limited Company.
(**) In case of individual.
(***) In case of partnership firm.

Contractor MADC
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SCHEDULE – ‘D’
SAMPLE FORM OF DETAILS OF PROPOSED SUB-CONTRACTORS /
SPECIALISED SUB-CONTRACTORS

Proposal for subcontracting components of the works amounting to more than 10% of
the contract price

Description, Name(s) Address(es) Approx Section of


Location, Similar of Subcontractor(s) Value 1* Works
Works previously
executed by Sub-
Contractor
1

1* Value in Indian Rupees Equivalent.

Note:- In no case, the Contractor will be permitted to sublet more than 50% of value
of work including those to specialized sub-contractors.

Contractor MADC
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SAMPLE FORM OF SCHEDULE – ‘M’

Information regarding Litigation / Arbitration during last five years in which the
bidder is involved, the parties concerned and disputed amount.

Present Amount Name of the Short Description Year Sr.


Status Involved Authority ($) No.
against whom
the litigation is
pending
1
2
3
4
5
Current 6
year

($) Preceding 5 years to be reckoned from the 31st March of the last financial
year.

Contractor MADC
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MAHARASHTRA AIRPORT DEVELOPMENT COMPANY


LIMITED

Tender Document
FOR

NAME OF WORK: REPAIR AND MAINTENANCE WORK OF RCC TRENCH


AND MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT
NAGPUR

Volume-II

MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LIMITED


CENTRAL FACILITY BUILDING, B WING (NORTH) 1ST
FLOOR, MIHAN SEZ, KHAPRI RLY. NAGPUR - 441108

AUGUST- 2024

Contractor MADC
Page | 92

Volume – II

Contractor MADC
Page | 93

TENDER DOCUMENT

FOR

REPAIR AND MAINTENANCE WORK OF RCC TRENCH AND


MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT NAGPUR

VOLUME - II

Issued to M/s. _________________________________________________

_________________________________________________

on date ______________________ to be received up to __________________

(MADC)

Contractor MADC
Page | 94

Name of Work : - REPAIR AND MAINTENANCE WORK OF RCC TRENCH


AND MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT
NAGPUR

VOLUME-II CONTRACT DATA

INDEX

SECTION NO. NAME OF ITEM PAGE NO.


SECTION – I INVITATION FOR BIDS 95
SECTION – II(A) BIDDING DATA 96-99
SECTION – II(B) APPENDIX TO TENDER 100-103
SECTION – III SCOPE OF WORK 104-105

SECTION – IV LIST OF LABORATORY EQUIPMENTS 106

_________________ ___________________________________
Signature of Bidder Authorized Representative (MADC)

Date : Date :

Contractor MADC
Page | 95

SECTION I

Maharashtra Airport Development Company Limited


Central Facility Building-B Wing (North)
1st floor, MIHAN, SEZ, Khapri, Railway,
Nagpur- 441108.
INVITATION FOR BIDS (IFB)

The MADC invites sealed bids from reputed contractors having experience in execution of similar
nature of work for the construction of following work.
Description of work : Repair and Maintenance work of RCC trench and Manholes for OFC along
roads in MIHAN area at Nagpur.
Estimated cost of work : Rs.20,08,332/-
Time limit for : 06 Months (Six Months) Including Monsoon.
completion
Earnest Money Deposit /Bid : Rs 21,000/- (Rupees Twenty One Thousand only) to be paid via online
security payment gateway mode. The information of e- Payment Gateway is
available on E-Tendering Website http://mahatender.gov.in Valid payment
receipt of appropriate amount in PDF format to be uploaded vide technical
bid

Bid Validity : 120 Days


Sale of Blank Bid Form : to up to 17.00 Hrs on (download from
the e-tender portal www.mahatenders.gov.in).
Cost of Blank Bid Form : Rs. 590/- (Rupees Five Hundred Only – Non refundable) including
GST to be paid via online payment gateway mode. The information of e-
Payment Gateway is available on E-Tendering Website
http://mahatender.gov.in Valid payment receipt of appropriate amount in
PDF format to be uploaded vide technical bid
Submission of completed Bid : Up to 17.00 hours on through e-tender portal
(www.mahatenders.gov.in) only.
No hard copies to be submitted

Pre-bid Conference : At 15.00 Hrs. on at MADC Office, Mumbai / Nagpur


Opening of Bid : At 11.30 hours on (If possible) at MADC Office, Mumbai /
Nagpur.
Qualification Criteria : The bidder shall ensure that the price bid for the work are open only for
those bidders who fulfills the qualification criteria mentioned in the
bidding data

Address for Correspondence : As mentioned above

Note: -
1. Request for sending the tender form by post / courier will not be entertained under any circumstance.
Tender shall be downloaded from the e-tender Portal & submitted online through e-tender
portal only.
2. MADC reserves right to accept or reject any bid or all bids without assigning any
reasons whatsoever.

( )
Authorized Representative MADC).

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SECTION II A

BIDDING DATA
1.0 SCOPE OF BID:
1.1 Vice Chairman & Managing Director, Maharashtra Airport Development
Co. Ltd., 8th Floor, World Trade Centre, Cuffe Parade, Mumbai – 400005
(hereinafter referred to as Employer in these documents) invites bids for
construction of works (as defined in these documents and referred to as
“the works”) detailed in Section –III.

2.0 QUALIFICATION CRITERIA:


The bidders shall ensure that the works are opened only for those bidders
who fulfil qualification criteria mentioned below in all respect.
2.1 Statutory Licenses/Registration
2.1.1 The bidder should have Registration Certificate, Certificate of working
contractor with PWD or any other Government Department.
2.1.2 The bidder should be registered under Maharashtra Value Added Tax
(MVAT) Act/Central Sales Tax Act and Service Tax Act under GOI as
well as for other various Taxes in force including GST.
2.1.3 Bidder should be register under P.F. Act.
Note:- Self Attested copies to support the above should be submitted by
the bidder

2.1.4 The bidder should have achieved a minimum average annual turnover in
the last three years equal to 75% of the estimated cost put to bid (As per
audited profit & Loss account)
2.1.5 The bidder should have experience of having successfully completed
during last Seven years.
a) Three similar works completed of costing not less than the amount equal
to 40% of the estimated cost OR
b) Two similar works completed of costing not less than the amount equal
to 50% of the estimated cost OR

c) One similar works completed of costing not less than the amount equal
to 80% of the estimated cost

Note:- Similar works is define as Repair/Renovation/Maintenance work shall


completed by bidder such as underground utilities like sewer line/water line/storm
water drain/plaster work/precast manhole/chamber cover/excavation work etc.

Contractor MADC
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2.1.6 In case of bidder applying for this bid, has earlier worked with MADC,
then in that case bidder while applying for this bid, mandatorily needs to
submit a satisfactory work performance certificate (for
complete/incomplete work) from MADC for all the works/assignments
undertaken by him in Last three years.
It is further to specify that, said certificate should have been issued by
MADC in the preceding one year. If the said certificate is prior to
preceding one year, then bidder shall get the said certificate revalidated
from MADC.
3.2.3-A Financial Criteria
The prospective bidders will be qualified only if they have minimum
financial capacities as below:
i) Working capital (current assets-current liabilities) –
Working capital (Net cash flow) of the prospective bidder during last
audited financial year shall be greater than 1.00 Crore (should be
certified by the Chartered Accountant).
ii) Profit after tax shall be positive For “Two Years” out of last three
consecutive financial years, such that it should be positive for
immediate last financial year and one year out of two previous years.
iii) Net worth of the prospective bidder shall be 50% of cost put to tender
certified by CA.

3.2.3-B The bidder should have bid capacity more than the estimated cost put to
tender as per bid capacity formula indicated as below.
Available Bid Capacity = (A x N x 2.5) – B
where A = Maximum value of Civil Engineering works executed in any
one year during the last 3 years (updated to the current year by a factor of
escalation of 8% per year) which will take into account the completed and
ongoing works.
B = Value of existing commitments and works (Ongoing) to be completed
in the period stipulated for completion of work in present tender.
N = Number of years prescribed for completion of work for which bids are
invited.
Note :- The statements showing the value of existing commitments and
ongoing works as well as the stipulated period of completion
remaining for each of the works listed should be counter signed by
the respective Employer or his authorized representative.

Contractor MADC
Page | 98

3.2.3-C The bidder should have following minimum machinery in the name of the
firm:
S. Name of Equipment Minimum Minimum
No Capacity Quantity (Nos.)
1 JCB 2
2 Drum type Hot Mix Plant (DM 60) 40/60 TPH 1
3 Tandem Vibratory Roller 1
4 Sensor Paver Finisher Up to 5.5 m 1
5 Mechanical Bitumen Sprayer 6 MT 1
6 Air Compressor / Tractor Sweeper 1
7 Dumper/Tipper 16 Ton 6
8 Water tanker 8000-10000 Lit. 2
Note: a) Drum type Hot Mix Plant should be in working condition and should
be certified by competent authority.
b) The distance from the hot mix plant site to the farthest point of the
work shall not more than 60Km
3.2.4 The bidder shall also submit the following qualification documents.
i) Authority to seek references from the bidder's bankers.
ii) Justification of the bidder for their capability of completing the work as
per milestone specified within the stipulated period of completion with
the following documents:
● Proposed Work Plan.
● Methodology of construction.
● Equipment, Planning and Development with broad calculation.
● Quality control procedure.
3.2.5 For executions of similar nature of work under Para 2.1.5 a certificate from the
Officer In-charge not below the rank of Executive Engineer of the concerned
Department (Government/Semi Government) shall be furnished. Certificate
for executions of similar nature of work under Para 2.1.5 from Private
Organization will not be accepted.

3.2.6 The bidder shall submit the documents specified under Para 17.2 of ITB of
Volume-I in Envelop No. 1.

3.2.7 Once the last date of submission of bid is over, no further


correspondence/documents will be accepted from the Bidder.

Contractor MADC
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3.3 JOINT VENTURES:


Joint Venture not permitted.

4.0 EMD/BID SECURITY:


EMD/ Bid Security shall be Rs.21,000/- (Twenty One Thousand only) to be
paid via online payment gateway mode. The information of e- Payment
Gateway is available on E-Tendering Website http://mahatender.gov.in Valid
payment receipt of appropriate amount in PDF format to be uploaded vide
technical bid
5.0 Clarification of Bidding Documents:
Pre-bid Conference will be held at Nagpur Project office, MADC Ltd.

6.0 Dead Line of Submission of Bid:


Dead Line of submission of Bid is up to …/…/…… at 17.00 hrs. through e-
tender portal

7.0 BID Opening:


Bid opening will be on …./…./……… at 11.30 hrs. through e-tender portal, if
possible.

_________________ ___________________________________
Signature of Bidder Authorized Representative (MADC)
Date : Date :

Contractor MADC
Page | 100

SECTION II - B

APPENDIX TO TENDER (Contract Data)


Sr. Sub clause Item Data
No.
1 Clause Employer’s Name & Vice Chairman & Managing Director,
1.1.2.2 Address
Maharashtra Airport Development Co. Ltd.
8th Floor, World Trade Centre, Cuffe Parade,
Mumbai – 400005

2 Clause Contractor’s Name &


1.1.2.3 Address
3 Clause Engineer’s Name & As appointed by Chief Engineer, MADC Ltd.
1.1.2.4 Address Nagpur.

Clause Employer’s Personnel The Chief Engineer, MADC,


1.1.2.6 Central Facility Building-B Wing (North)
1st floor, MIHAN, SEZ, Khapri, Railway, Nagpur-
441108
Telephone No. : 0712 - 2815637
Fax No.: 0712 - 2815601
Clause Time for Completion 6 (Six) Months including monsoon
1.1.3.3 of work
Clause Defects Notification 01 (One) years after issuing completion certificate
1.1.3.7 Period by the Engineer.
Clause 1.3 Electronic Fax, Email, Soft copies in CD/DVD
Transmission System
Clause 1.4 Governing Law Laws of India
Clause 1.4 Ruling Language English
Clause 1.4 Language for English
Communication
Clause 1.8 Care & supply of Rs.3.00 Lakhs will be withheld for failing to
documents produce the as built drawings within 60 days of
completion of project.
Clause 2.1 Right of Access to Site Refer Section II, Part-II-A of Volume-I
Clause 4.2 Amount of
Performance Security 5% of Tendered Price
a) EMD / Bid Security deposited by the successful
bidder may be treated as part of the
Performance Security. The successful bidder
shall have to deposit 50% of security (2.5% of
contract amount) as Bank Guarantee within 15
days from the date of letter issued by MADC,
conveying the acceptance of the offer.
Contractor MADC
Page | 101

b) The remaining 50% less Bid security of the


Performance Security (2.5% of contract
amount) shall be recovered at the rate of 5% of
the interim bills payable to the contractor for the
work done by him, till the complete
performance security of remaining 50% less Bid
security is recovered till 80% completion of
work.
c)The Additional Performance security shall have
to be paid by the bidder, in case the tender is
quoted and accepted at more than 10 % below,
then Additional Performance Security deposit
shall be recovered as per GOM resolution no.
CAT/2017/C.No.08/Bldg-2/dtd.26.11.2018. The
Additional Security Deposit shall be recovered
in the form of DD/Bank guarantee at the time of
execution of agreement. The recovery of
Additional Security Deposit shall be as detail
below.
i) If the bidder quotes his offer below more than
1% upto 10% of the estimated cost of the bid
then he should submit a Demand Draft/ Bank
Guarantee amounting to 1% of the estimated
cost of the bid towards Additional Performance
Security.
ii) If the bidder quotes his offer more than 10%
and less than 15% below the estimated cost of
the bid then he should submit an Additional
performance security 1% for every percent after
10% below percentage besides the cost of 1%
performance security mentioned above clause A
for quoting below offer.
(eg. If tenderer quotes his offer 15% below the
estimated cost of the department then he should
submit 15-10 =5% Additional Performance
security + 1% Additional Performance security
= 6% amount of the estimated cost as a total
Performance Security.)
iii) If the bidder quotes his offer more than 15%
below the estimated cost of the bid then he
should submit an additional performance
security as per below:
(eg. If tenderer quotes his offer 19% below the
estimated cost of the department then he should
submit (19-15) = 4*2 i.e.8%+5% + 1% = 14%
amount of the estimated cost as a total
Additional Performance Security.)
Contractor MADC
Page | 102

Clause Programme Programme & Cash Flow Estimate to be


8.3.1 submitted within 14 days of delivery of Work
Order
Clause Rate of Progress Milestone Dates
8.6.1 No. I - 6 Months – Completion of Work.

Clause Delay Damages for Maximum 10%


8.7.1 & Works Delayed damages
8.7.2
Delayed damages is an amount of compensation
for non-achievement of Milestone within
stipulated time, will be recovered @ Rs.2, 000 (in
words Rs. Two Thousand Only) per day of
delay, beyond stipulated time subject to a
maximum of 10% of the value of contract.
Once the D.D. reaches 10%, the contract would be
terminated and all the deposits i.e. E.M.D., B.G.,
Security etc. will be forfeited & the balance work
will be got done at the contractor’s risk & cost.

Clause 8.7 Bonus Deleted

Clause If sub clause 13.8 applies Adjustment for Changes in Cost Table(s) of
13.8 Adjustment Data

Components Percentages
Labour 16.89%
Material 74.43%
POL 8.68%
Materials (*) Rate/Base rate
(excluding GST)
Bitumen Base Rate of Bitumen
(respective grade)
VG-30=Rs.28040/-
VG-10=Rs.27240/-
Consumer price index Nagpur
for Industrial workers
for centre
Average price of HSD HSD rate for Nagpur
Centre on 28 days prior
to the last date of
receipt of the Bid.

Contractor MADC
Page | 103

Clause Currencies & 100% in Indian Rupees


14.2 Proportions
Clause Start Repayment of As per clause 14.2.2
14.2 Advance Payment
Clause Percentage of retention 5.0% of the bill amount from each bill till recovery
14.3 Money of 2.5% of Contract Price

Clause Limit of Retention 2.5% of Contract Price


14.3 Money
Clause Minimum Amount of 15% of Contract Price
14.6 Interim Payment
Clause Currency/ Currencies Indian Rupees
14.15 of Payment
Periods for Submission
of Insurance
Clause a) Evidence of 15 days
18.1 Insurance
b) Relevant policies 30 days
Clause
18.1
Clause Minimum amount of Rs.5.00 Lakhs per occurrence with number of
18.3 third party insurance occurrences not less than 2 (Two). After each
occurrence the number of occurrence to be
brought back to a minimum of 2 (Two).

________________ ________________________________

Signature of Bidder Authorized Representative (MADC)


Date: Date:

Contractor MADC
Page | 104

SECTION-III
SCOPE OF WORK
1.0 Introduction

Maharashtra Airport Development Company Ltd., undertaking of the


Government of Maharashtra has been appointed to develop the Multi Modal
International Hub Airport at Nagpur (MIHAN). The development of Special
Economic Zone is a part of the MIHAN.

Scope of work:-

(1) Precast RCC Manholes and covers shall be confirmed by engineer in


charge at Project Office Nagpur, before bringing the consignment /
material at site to use for work.

(2) Safety of labour shall be contractor responsibility.

(3) No extra payment for scaffolding to be used during work. Cost put to bid
is inclusive of all.

(4) All the items / materials required as per BOQ should be finalised /
certified through engineer in charge at Project Office Nagpur.

(5) Contractor shall be responsible for workmanship of subject work. Any


part of work found not up to the mark, has to be re-done as per directives
of MADC, no extra payment or escalation will be given.

2.0 Brief Description of Work

i) Repair and maintenance work of RCC Trench and Manholes for OFC
along roads in MIHAN area at Nagpur.

ii) Length of roads approximately – 51.00 KM

Contractor MADC
Page | 105

3.0 Terrain
Generally plain terrain is seen.

4.0 Range of Relative humidity


Max: 100%
Min: 7%
Mean: 49%

5.0 Temperature

Maximum Temperature : May / 470 C


Minimum Temperature : Dec. / 70 C

6.0 Rainfall Season

June to September
Average annual rainfall 1000 mm

_________________ _________________________________
Signature of Bidder Authorized Representative (MADC)
Date : Date :

Contractor MADC
Page | 106

SECTION-IV

LIST OF MINIMUM EQUIPMENTS TO BE SET UP BY


CONTRACTOR AT FIELD LABORATORY (Min. 500 Sq. Ft.) FOR
EXECUTION OF WORK

Adequately equipped field laboratory for quality of materials and the works
shall be provided. The items of equipment shall be provided in the field
laboratory depending upon the items to be executed, as per table 100-2
(Section 120 of MORT&H Specifications – Fifth Revision-2013)

_________________ ___________________________
Signature of Bidder Authorized Representative (MADC)
Date : Date :

Contractor MADC
Page | 107

Volume – III

Contractor MADC
Page | 108

Copy No.

TENDER DOCUMENT

FOR

REPAIR AND MAINTENANCE WORK OF RCC TRENCH AND


MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT NAGPUR

VOLUME - III

Issued to M/s. _________________________________________________

_________________________________________________

on date ______________________ to be received up to __________________

Authorized Representative (MADC).

Contractor MADC
Page | 109

Name of Work:- REPAIR AND MAINTENANCE WORK OF RCC TRENCH


AND MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT
NAGPUR

VOLUME-III
BILL OF QUANTITY

INDEX

PAGE NAME OF ITEM SECTION NO.


NO.

FOR PERCENTAGE RATE BID

110-111 PREAMBLE PART-A

112-113 1) FORM OF BID PART-B

114-117 2) BILL OF QUANTITIES (BOQ)

118-121 SPECIFICATION PART-A

________________ ________________________________
Signature of Bidder Authorized Representative (MADC)
Date : Date :

Contractor MADC
Page | 110

Name of Work:- REPAIR AND MAINTENANCE WORK OF RCC TRENCH


AND MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT
NAGPUR

PART-A

PREAMBLE

1. The project envisages Construction as detailed in the scope of work. For


guidance of tenderers outline drawings showing the general arrangement
contemplated by the employer are attached in Volume-V (Drawings).
However tender is to be awarded only on the employer’s design parameters
complying with the various requirements as indicated in the bid document.

The typical outline drawings specify the minimum acceptable mix,


specifications and sizes for different components and the successful bidder’s
design should provide for comparable specifications and in any case not
inferior to those for corresponding components.

2. The bidder must quote his offer at the specified space in BOQ both in
words and figures.

3. The offer quoted shall except in so far as it is otherwise provided under the
contract, include all constructional plant, labour, supervision, materials, all
leads and lifts, erection, maintenance, insurance, profits, taxes, octroi, royalty,
LBT and duties together with all general risks, liabilities and obligations set
out or implied in the contract. Materials to be used in embankments and
unserviceable materials to be disposed should be with all leads and lifts.

4. In case of any discrepancies between provisions stated in the scope of work


and those covered by the technical specifications / drawings, the provisions in
the scope of work shall have preference.

5. The bidders shall quote his offer in Indian Rupees only.

Contractor MADC
Page | 111

6. Selected contractor has to execute the work in coordination with the other
contractors engaged by the employer for developing other Infrastructure works
like Water supply, Sewerage, Electrical T&D etc., in the area in order to
complete the respective works within the stipulated completion time.

7. Abbreviations Used
a) LM/Lm/RMT = Linear Meter / Running Meter
b) Cum. = Cubic Meter.
c) Sqm. = Square Meter.
d) Cucm = Cubic Centimetre
e) No. = Numbers
f) MT / Tonne = Metric Tonne
g) Hr = Hours
h) Ha = Hector

________________ ___________________________
Signature of Bidder Authorized Representative
(MADC)
Date : Date :

Contractor MADC
Page | 112

PART-B
FORM OF BID
(For Percentage Rate Bid)

Name of Work:-

To,
The _________________
Maharashtra Airport Development Co. Ltd.
_____________________
_____________________
(As per Invitation for Bid)

1. Having examined the Conditions of Contract, Specifications, Drawings and


Addenda for the execution of the above named work within the time specified,
we the undersigned offer to execute and complete such works and remedy any
defects there in conformity with the conditions of Contract, Specifications,
Design, Drawings, Scope of work and addenda at the _________% in figures
as well as in words
(______________________________________________________________
______________________________________________________________)
percentage below / above the estimated cost of work as per Bill of Quantities
in this volume with the said conditions.

2. We acknowledge that the Volume I, Volume II, Volume III and Volume IV
together with any addendum and common set of deviations thereto form part
of Bid.

3. We undertake that if our bid is accepted, to commence the Works as soon as is


reasonably possible after the receipt of the Engineer’s notice to commence,
and to complete the whole of the Works comprised in the contract within the
time stated in the Bidding Data.

4 We agree to abide by this bid for the period of (as per Invitation for Bids
(IFB) in volume II) days from the date fixed for receiving the same and it
shall remain binding upon us and may be accepted at any time before the
expiration of that period.

5. Unless and until a formal Agreement is prepared and executed for this bid,
together with your written acceptance thereof, shall constitute a binding
contract between us.

Contractor MADC
Page | 113

6. We understand that you are not bound to accept the lowest or any bid you may
receive.

Dated this ________________20

Signature __________________in the capacity of ____________________

Duly authorised to sign bids for and on behalf of _____________________

Address______________________________________________________

___________________________________________________________

Occupation. _______________________________________________

(To be filled in by the Bidder, together with his particulars and date of submission at
the bottom of the form of Bid)

Contractor MADC
Page | 114

NAME OF WORK: REPAIR AND MAINTENANCE WORK OF RCC TRENCH AND MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT
NAGPUR.

BILL OF QUANTITIES

SEZ Non SEZ Total (SEZ + Non SEZ)


Item Description of Item Unit Rate
Nos. Quantity Amount Quantity Amount Quantity Amount
1 Excavation for foundation in earth, soil of all types,
sand, gravel and soft murum, including removing
the excavated material up to a distance of 50 m.
beyond the building area and stacking and
spreading as directed, dewatering, preparing the Cum 207.00 700.00 144900.00 300.00 62100.00 1000.00 207000.00
bed for the foundation and necessary back filling,
ramming, watering including shoring and strutting
etc. complete. (Lift upto 1.5 m.) By Mechanical
Means.
2 Excavation for catch / side water gutter / drain in all
sorts of soils to the specified section as per detailed
drawing including stacking the excavated stuff in a
Cum 119.00 360.00 42840.00 90.00 10710.00 450.00 53550.00
regular bund and disposing of unsuitable or excess
stuff upto a lead of 50 m and spreading as directed
Engineer-in-charge.
3 Excavation for foundation in earth, soil of all types,
sand, gravel and soft murum, including removing
the excavated material up to a distance of 50 m.
beyond the building area and stacking and
spreading as directed, dewatering, preparing the Cum 239.00 1715.00 409885.00 735.00 175665.00 2450.00 585550.00
bed for the foundation and necessary back filling,
ramming, watering including shoring and strutting
etc. complete. (Lift upto 0.00 to 1.50 m.)
By Manual Means

Contractor MADC
Page | 115

4 Providing and laying factory made precast RCC


manholes of M-25 grade cement concrete of all
types required size, shape and variable depth with
angle, support, lugs, brackets etc. in position to the
required line, level and curvature as per detailed
drawing, design and standard specification etc.
complete. The material shall be manufactured in
Cum 10548.00 21.75 229419.00 8.25 87021.00 30.00 316440.00
well equipped factory having prestressing facility
and quality control laboratory. Transporting with
loading, unloading the panel from the manufacturing
yards to work site, errecting the precast RCC
manhole in correct position by using gantry / crane
etc. complete. (Precast RCC manholes shall be
approved by Engineer in-charge).
5 Providing and laying Cast in situ/Ready Mix cement
concrete in M-20 of trap / granite / quartzite / gneiss
metal for bed blocks, foundation blocks and such
other items including bailing out water, Steel
centering, formwork, laying/ pumping, compacting,
roughening them if special finish is to be provided,
finishing uneven and honeycombed surface and
curing etc. complete. The Cement Mortar 1:3 plaster
is considered for rendering uneven and Cum 7530.17 7.20 54217.22 3.60 27108.61 10.80 81325.83
honeycombed surface only. Newly laid concrete
shall be covered by gunny bag, plastic, tarpaulin
etc. (Wooden centering will not be allowed.), with
fully automatic micro processor based PLC with
SCADA enabled reversible Drum Type mixer/
concrete Batch mix plant (Pan mixer) etc. complete.
With fine aggregate (Natural Sand / Crushed sand
VSI Grade finely washed etc)
6 Providing and laying Cast in situ/Ready Mix
cement concrete M-15 of trap/
granite/quartzite/gneiss metal for coping to plinth or Cum 7318.69 0.35 2524.95 0.12 841.65 0.46 3366.60
parapet, moulded or chamfered as per drawing or
as directed including steel centering, plywood/ steel

Contractor MADC
Page | 116

formwork compacting, roughening them if special


finish is to be provided, finishing uneven and
honeycombed surface and curing etc. complete.
The Cement Mortar 1:3 plaster is considered for
rendering uneven and honeycombed surface only.
Newly laid concrete shall be covered by gunny bag,
plastic, tarpaulin etc. (Wooden centering will not be
allowed.) With fine aggregate (Crushed sand VSI
Grade)
7 Providing fly ash brick masonry with conventional /
I.S. type fly ash bricks in C.M. 1:6 in foundation and
plinth including bailing out water manually striking Cum 8576.61 2.07 17753.58 1.15 9863.10 3.22 27616.69
joints, racking out joints watering and scaffolding
etc. complete.
8 Providing internal cement plaster 12 MM thick in
single coat in cement mortar 1:5 without neeru finish
to concrete or brick surfaces, in all positions Sqm 283.57 21.00 5954.98 11.00 3119.28 32.00 9074.26
including scaffolding and curing etc. complete.
9 Providing and fixing factory made precast RCC
circuler / half circuler or required size and shape
manhole covers of various diameter, having
concrete strength not less than M-25 grade as per
Cum 8311.00 3.00 24957.93 1.29 10696.26 4.29 35654.19
site requirement including conveyance, curing,
finishing, scaffolding etc. complete as per direction
of engineer in charge.

10 Providing and fixing in position TMT - FE - 500 bar


reinforcement of various diameters for R.C.C. pile
caps, footings, foundations, slabs, beams columns,
canopies, staircase, newels, chajjas, lintels pardis,
copings, fins, arches etc. as per detailed designs, MT 89938.34 2.482 223184.24 1.039 93412.21 3.52 316596.45
drawings and schedules. including cutting, bending,
hooking the bars, binding with wires or tack welding
and supporting as required complete.

Contractor MADC
Page | 117

11 Clearing and grubbing road land including uprooting


rank vegetation, grass, bushes, shrubs, saplings
and trees girth up to 300 mm, removal of stumps of
trees cut earlier and disposal of unserviceable
Sqm 12.00 1500.00 18000.00 900.00 10800.00 2400.00 28800.00
materials and stacking of serviceable material to be
used or auctioned up to a lead of 1000 metres
including removal and disposal of top organic soil
not exceeding 150 mm in thickness.
12 Clearing grass and removal of rubbish up to a
distance of 50 metres outside the periphery of the Sqm 4.00 315.00 1260.00 135.00 540.00 450.00 1800.00
area .
13 Supplying unskilled labour for day to day work for
maintenance work from one location to another Per
676.50 190.00 128535.00 65.00 43972.50 255.00 172507.50
location etc.(Authenticated records shall be day
maintained by the contractor)
14 Transportation of excavated material including all
lift, laying in layers of 20 cm to 30 cm, for a lead up
to 500 M, including loading and unloading complete
Cum 196.00 603.75 118335.00 258.75 50715.00 862.50 169050.00
as directed by the Engineer - in - Charge.
(Authenticated records shall be maintained by the
contractor.)
A) AMOUNT:-
14,21,767.00 5,86,565.00 20,08,332/-

B) Add for Quality Control (approx) (payable on


production of documentary proof of
third party test as required) percentage quoted +/-
is not applicable for Q.C= 10,042/-
ADD/SUBTRACT (+/-) % on to be Quoted
by The contractor to reflect the total cost.

GRAND TOTAL Rs.

Note: - It is compulsory to fill the amount both in words and figures.

Contractor MADC
Page | 118

Volume – IV

Contractor MADC
Page | 119

TENDER DOCUMENT

FOR

REPAIR AND MAINTENANCE WORK OF RCC TRENCH AND MANHOLES FOR


OFC ALONG ROADS IN MIHAN AREA AT NAGPUR

VOLUME - IV

Issued to M/s. _________________________________________________

_________________________________________________

on date ______________________ to be received up to __________________

Authorized Representative (MADC)

Contractor MADC
Page | 120

Name of Work: - REPAIR AND MAINTENANCE WORK OF RCC TRENCH AND


MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT NAGPUR

VOLUME-IV
SPECIFICATIONS

INDEX

PAGE NAME OF ITEM SECTION NO.


NO.

118-121 SPECIFICATIONS PART-A

_________________ _____________________________
Signature of Bidder Authorized Representative (MADC)

Date : Date :

Contractor MADC
Page | 121

Name of Work:- REPAIR AND MAINTENANCE WORK OF RCC TRENCH AND


MANHOLES FOR OFC ALONG ROADS IN MIHAN AREA AT NAGPUR

PART-A

1. PREAMBLE

The Technical Specifications contained herein shall be read in conjunction with the
other Bidding Documents as specified in Volume-I

1.1 Inclusive Documents

The provisions of special conditions of contract, those specified elsewhere in the


tender document, as well as execution drawings and notes, or other specifications
issued in writing by the Engineer shall form part of the technical specifications of this
project.

1.1.2 Defective works

All defective works are liable to be demolished, rebuilt and defective materials
replaced by the contractor at his own cost. In the event of such work accepted by
carrying out repairs etc. as specified by the Engineer, the cost of repairs will be borne
by the contractor.

1.2 Site Information

1.2.1 The information given hereunder and provided elsewhere in these documents is
given-in good faith by the Employer but the contractor shall satisfy himself regarding
all aspects of site conditions and no claim will be entertained on the plea that the
information supplied by the Employer is erroneous or insufficient.

Contractor MADC

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